1 00:00:00,000 --> 00:00:06,200 Time is 5.01. This meeting has been duly posted and we do 2 00:00:06,200 --> 00:00:07,559 now have a quorum 3 00:00:07,559 --> 00:00:11,070 present. I'm gonna call our meeting to order and as chair I 4 00:00:11,070 --> 00:00:13,000 want to change the 5 00:00:13,000 --> 00:00:18,149 order on our agenda of presentation from our clarification 6 00:00:18,149 --> 00:00:19,260 of agenda items 7 00:00:19,260 --> 00:00:21,899 because we have I think quite a bit of discussion this 8 00:00:21,899 --> 00:00:23,239 evening about our public 9 00:00:23,239 --> 00:00:26,000 hearing item on the tree ordinance and we're going to go 10 00:00:26,000 --> 00:00:27,000 ahead for our first 11 00:00:27,000 --> 00:00:33,880 item in our work session to hear PZ 16 - 124 receive a 12 00:00:33,880 --> 00:00:34,719 report and hold a 13 00:00:34,719 --> 00:00:37,429 discussion on the park dedication development fees if y'all 14 00:00:37,429 --> 00:00:38,079 will go ahead 15 00:00:38,079 --> 00:00:41,960 and make your presentation on that first and we'll we'll go 16 00:00:41,960 --> 00:00:45,079 back to the tree code. 17 00:00:57,000 --> 00:01:03,439 Good evening, I'm Jim Mays with the Parks and Recreation 18 00:01:03,439 --> 00:01:05,480 Department. I appreciate the 19 00:01:05,480 --> 00:01:08,980 opportunity to come out and discuss our 915 and 916 park 20 00:01:08,980 --> 00:01:10,159 dedication and park 21 00:01:10,159 --> 00:01:13,560 development ordinance with you. I wanted to see if everyone 22 00:01:13,560 --> 00:01:14,680 has a physical 23 00:01:14,680 --> 00:01:18,040 copy of the ordinance so we can review it later on. Should 24 00:01:18,040 --> 00:01:18,439 we have the 25 00:01:18,439 --> 00:01:22,400 opportunity? If not, I'll place these. 26 00:01:27,000 --> 00:01:29,000 Thank you, sir. 27 00:01:49,799 --> 00:01:52,930 Outstanding, thank you very much. This has been announced a 28 00:01:52,930 --> 00:01:53,400 very good 29 00:01:53,400 --> 00:01:57,640 ordinance for us. It's served us since 1998. With 30 00:01:57,640 --> 00:01:59,239 everything it's time to 31 00:01:59,239 --> 00:02:03,920 take an opportunity to look at what's been good and what we 32 00:02:03,920 --> 00:02:04,079 could 33 00:02:04,079 --> 00:02:09,500 possibly look at to enhance the elements of the ordinance 34 00:02:09,500 --> 00:02:10,039 for both our 35 00:02:10,039 --> 00:02:13,629 citizens and what's best for the development community and 36 00:02:13,629 --> 00:02:14,360 the Parks and 37 00:02:14,360 --> 00:02:18,300 Recreation General. A little bit about the ordinance. Parks 38 00:02:18,300 --> 00:02:19,719 and Recreation fees 39 00:02:19,719 --> 00:02:25,919 through 915 and 916. They serve to fulfill the two and a 40 00:02:25,919 --> 00:02:28,039 half acres of 41 00:02:28,039 --> 00:02:31,960 recreational space per thousand people in the community. NR 42 00:02:31,960 --> 00:02:34,280 PA standards, which we 43 00:02:34,280 --> 00:02:38,520 do a very good job of maintaining, require about 9.5 acres. 44 00:02:38,520 --> 00:02:39,759 So this is not 45 00:02:39,759 --> 00:02:43,439 the only conduit that we have in order to fulfill that need 46 00:02:43,439 --> 00:02:44,599 , but it fulfills 47 00:02:44,599 --> 00:02:49,409 the lion's share of the recreational park services that we 48 00:02:49,409 --> 00:02:50,879 have in instances 49 00:02:50,879 --> 00:02:55,159 where they're neighborhood parks. Parks are directly, 50 00:02:55,159 --> 00:02:57,080 physically within a half 51 00:02:57,080 --> 00:03:01,400 mile to a mile of people's homes. The purpose is to provide 52 00:03:01,400 --> 00:03:02,199 a recreational area 53 00:03:02,199 --> 00:03:04,840 to the community in the form of neighborhood parks on pace 54 00:03:04,840 --> 00:03:05,280 with 55 00:03:05,280 --> 00:03:08,729 development of the city of Denton as a whole. And as 56 00:03:08,729 --> 00:03:10,800 written, the development 57 00:03:10,800 --> 00:03:15,620 ordinance does a very good job of maintaining that. Bene 58 00:03:15,620 --> 00:03:16,599 fits that we've 59 00:03:16,599 --> 00:03:20,240 had with this ordinance, local land purchases with the park 60 00:03:20,240 --> 00:03:21,039 dedication funds, 61 00:03:21,039 --> 00:03:23,990 the downtown pocket park that we've recently purchased at 62 00:03:23,990 --> 00:03:25,240 108 Industrial, 63 00:03:25,240 --> 00:03:28,650 Lake Forest Park, Litheridge Park where we were able to 64 00:03:28,650 --> 00:03:30,560 secure and save a very 65 00:03:30,560 --> 00:03:35,240 nice stand of post oak trees that would have otherwise been 66 00:03:35,240 --> 00:03:37,000 subject for right 67 00:03:37,000 --> 00:03:42,280 for development adjacent to the property. Also a very 68 00:03:42,280 --> 00:03:43,479 widely celebrated park, 69 00:03:43,479 --> 00:03:46,719 specialist Ernest W. Dallas Park. It's our Veterans 70 00:03:46,719 --> 00:03:49,759 Memorial Park and we've had 71 00:03:49,759 --> 00:03:54,169 lots of success with that. 916 park dedication fees. These 72 00:03:54,169 --> 00:03:55,080 are improvements, 73 00:03:55,080 --> 00:03:57,800 physical enhancements of the park properties themselves. 74 00:03:57,800 --> 00:04:01,849 I need to interrupt just a second. We have a special guest 75 00:04:01,849 --> 00:04:03,000 that's joined us 76 00:04:03,000 --> 00:04:08,969 temporarily this evening and as part of our rules we need 77 00:04:08,969 --> 00:04:10,240 to I need to seek for 78 00:04:10,240 --> 00:04:13,080 a motion to suspend our rules for who can sit here at the 79 00:04:13,080 --> 00:04:14,199 dais with us so the 80 00:04:14,199 --> 00:04:17,779 chair would entertain a motion for a suspension this 81 00:04:17,779 --> 00:04:19,360 evening for our special 82 00:04:19,360 --> 00:04:24,670 guest. Is it Katherine? Katherine. So Katherine can join us 83 00:04:24,670 --> 00:04:25,879 . I'll motion to 84 00:04:25,879 --> 00:04:30,740 suspend the rules. The first and a second? Yes sir. Okay 85 00:04:30,740 --> 00:04:32,959 and the vote by hand. It's 86 00:04:32,959 --> 00:04:40,000 unanimous all in favor say aye. All those opposed? 87 00:04:40,000 --> 00:04:46,560 We had a motion one time. We did. That's why we stopped to 88 00:04:46,560 --> 00:04:50,959 do a special motion here this evening so that is 89 00:04:50,959 --> 00:04:58,240 unanimous and passes. Please continue. Thank you for your 90 00:04:58,240 --> 00:04:58,519 time. 91 00:04:58,519 --> 00:05:01,920 Get a break there. In 23 years of municipal services that's 92 00:05:01,920 --> 00:05:02,759 one of the 93 00:05:02,759 --> 00:05:06,050 nicest things that I've seen happen impromptu like that and 94 00:05:06,050 --> 00:05:06,639 I applaud 95 00:05:06,639 --> 00:05:10,660 everyone on the committee for it. That was outstanding. 96 00:05:10,660 --> 00:05:12,199 Again we've discussed 97 00:05:12,199 --> 00:05:15,000 the benefits. A little bit about our nomenclature in the 98 00:05:15,000 --> 00:05:16,000 parks and recreation 99 00:05:16,000 --> 00:05:18,589 system. We have many parks, neighborhood parks, which 100 00:05:18,589 --> 00:05:19,600 essentially this is what 101 00:05:19,600 --> 00:05:23,199 we're talking about today. Community parks, city parks, 102 00:05:23,199 --> 00:05:24,800 special use parks, which 103 00:05:24,800 --> 00:05:31,360 are parks that are like dog parks or BMX parks, things of a 104 00:05:31,360 --> 00:05:33,160 like parkour, things 105 00:05:33,160 --> 00:05:38,160 of a specialized nature and also open space parks. How are 106 00:05:38,160 --> 00:05:39,879 the fees calculated? 107 00:05:39,879 --> 00:05:46,199 When a new development comes into town what we do is we 108 00:05:46,199 --> 00:05:48,160 have each 109 00:05:48,160 --> 00:05:51,360 single and multifamily unit is assessed a fee based on the 110 00:05:51,360 --> 00:05:52,319 residential density 111 00:05:52,319 --> 00:05:55,550 so as to convey two and a half acres per thousand new 112 00:05:55,550 --> 00:05:57,240 residents. Single family 113 00:05:57,240 --> 00:06:00,920 units are assigned an average density of 2.8 people per 114 00:06:00,920 --> 00:06:03,519 unit and multifamily units 115 00:06:03,519 --> 00:06:07,750 are assessed a unit density of 1.8 persons per unit. 116 00:06:07,750 --> 00:06:09,199 Essentially we work out 117 00:06:09,199 --> 00:06:14,540 this calculation you see below us and what that does is 118 00:06:14,540 --> 00:06:15,839 that shows us the 119 00:06:15,839 --> 00:06:19,009 number of acres per se, the amount of impact that we would 120 00:06:19,009 --> 00:06:20,000 have this new 121 00:06:20,000 --> 00:06:23,220 development would have on a park system. In instances where 122 00:06:23,220 --> 00:06:24,439 there's less than five 123 00:06:24,439 --> 00:06:27,970 acres of land that is available to donate to the Parks 124 00:06:27,970 --> 00:06:29,879 Department we accept fees 125 00:06:29,879 --> 00:06:33,800 in lieu and what we do is we calculate the fees in lieu 126 00:06:33,800 --> 00:06:35,360 based upon the average 127 00:06:35,360 --> 00:06:39,720 value of the property in the surrounding area. For the park 128 00:06:39,720 --> 00:06:40,600 development portion of 129 00:06:40,600 --> 00:06:46,199 the ordinance we assess a fee of $187 for every multifamily 130 00:06:46,199 --> 00:06:49,240 unit and $291 for 131 00:06:49,240 --> 00:06:54,720 every single family unit. This is the first calculation is 132 00:06:54,720 --> 00:06:56,000 consumer price 133 00:06:56,000 --> 00:07:01,149 index adjusted due to the fact that the price is based on 134 00:07:01,149 --> 00:07:02,560 the value of the 135 00:07:02,560 --> 00:07:06,610 land itself. So as long as the DCAD value or the settlement 136 00:07:06,610 --> 00:07:07,240 statements are 137 00:07:07,240 --> 00:07:11,790 accurate or in line with the other property that's left in 138 00:07:11,790 --> 00:07:13,000 the community 139 00:07:13,000 --> 00:07:17,759 for us to purchase that it's self adjusting. The park 140 00:07:17,759 --> 00:07:18,720 development side of 141 00:07:18,720 --> 00:07:21,350 the ordinance on the other hand that's one thing that we 142 00:07:21,350 --> 00:07:22,279 need to open a dialogue 143 00:07:22,279 --> 00:07:25,100 and take a look at. I met with the Park and Recreation 144 00:07:25,100 --> 00:07:27,560 Beautification Board back 145 00:07:27,560 --> 00:07:31,319 in back in March of this year and I discussed that with 146 00:07:31,319 --> 00:07:32,759 moving forward with 147 00:07:32,759 --> 00:07:37,459 an opportunity to open this dialogue with the Planning and 148 00:07:37,459 --> 00:07:39,000 Zoning Board, the 149 00:07:39,000 --> 00:07:43,230 development community, and then the other stakeholder that 150 00:07:43,230 --> 00:07:44,639 we may feel in 151 00:07:44,639 --> 00:07:48,250 addition to the public at large that we need to include in 152 00:07:48,250 --> 00:07:50,519 this dialogue. The way 153 00:07:50,519 --> 00:07:55,970 that this figure was was arrived at was back in 1998 when 154 00:07:55,970 --> 00:07:58,199 this ordinance was was 155 00:07:58,199 --> 00:08:05,040 first drafted. The average value of making a five acre park 156 00:08:05,040 --> 00:08:06,480 was about 157 00:08:06,480 --> 00:08:10,839 $205,000 in order to develop it. Due to 18 years of 158 00:08:10,839 --> 00:08:17,600 inflation, due to the what 159 00:08:17,600 --> 00:08:22,279 the average consumers expectations have shifted from 18 160 00:08:22,279 --> 00:08:23,439 years ago to 161 00:08:23,439 --> 00:08:26,819 present now, due to the market availability of much 162 00:08:26,819 --> 00:08:29,740 enhanced park communities, we no 163 00:08:29,740 --> 00:08:35,450 longer can establish a built-out five acre park for $205, 164 00:08:35,450 --> 00:08:38,559 000. Again, this 165 00:08:38,559 --> 00:08:42,720 figure is still somewhat variable. I don't want to pin down 166 00:08:42,720 --> 00:08:43,600 a replacement 167 00:08:43,600 --> 00:08:46,980 number in today's meeting, but again the expectations of 168 00:08:46,980 --> 00:08:48,320 the community at large 169 00:08:48,320 --> 00:08:51,789 in the last 18 years has had a significant shift towards 170 00:08:51,789 --> 00:08:53,360 higher-end amenities and 171 00:08:53,360 --> 00:09:01,080 amenities that 18 years ago were not there. Also, the park 172 00:09:01,080 --> 00:09:01,960 amenities themselves, 173 00:09:01,960 --> 00:09:05,210 due to the fact that they're regulated by the CPSC, 174 00:09:05,210 --> 00:09:06,799 Consumer Product Safety 175 00:09:06,799 --> 00:09:10,960 Council, there have been a number of safety enhancements 176 00:09:10,960 --> 00:09:12,240 that have also pushed 177 00:09:12,240 --> 00:09:16,539 this price. So as we move forward, this is going to be one 178 00:09:16,539 --> 00:09:17,480 of the things that 179 00:09:17,480 --> 00:09:20,850 we're really going to take a look at. And again, this is 180 00:09:20,850 --> 00:09:22,279 just for our 181 00:09:22,279 --> 00:09:25,940 neighborhood parks, which is about 25% of our inventory as 182 00:09:25,940 --> 00:09:28,600 we move forward. 183 00:09:29,320 --> 00:09:31,909 The advantages of the last park system to grow at the same 184 00:09:31,909 --> 00:09:34,320 pace the city has stated, since 185 00:09:34,320 --> 00:09:37,269 it's directly key to the development community, we're 186 00:09:37,269 --> 00:09:38,600 building parks and 187 00:09:38,600 --> 00:09:42,649 assessing land in order to build those parks at the same 188 00:09:42,649 --> 00:09:43,960 pace as we're getting 189 00:09:43,960 --> 00:09:49,720 more citizens. And also, there's a certain nexus within one 190 00:09:49,720 --> 00:09:50,279 -half to one 191 00:09:50,279 --> 00:09:55,100 mile that we have allowed to spend this pool of money. So 192 00:09:55,100 --> 00:09:58,000 we keep the money on 193 00:09:58,000 --> 00:10:03,210 pace where it was originated and at the same pace of the 194 00:10:03,210 --> 00:10:06,279 additional need. Some 195 00:10:06,279 --> 00:10:08,490 of the limitations that we've experienced in the last 18 196 00:10:08,490 --> 00:10:09,440 years is pockets of 197 00:10:09,440 --> 00:10:14,090 stranded funds. The infill areas in the eastern portion of 198 00:10:14,090 --> 00:10:15,360 town, where there's 199 00:10:15,360 --> 00:10:20,639 more mature homes, homes that are much older than 18 years 200 00:10:20,639 --> 00:10:21,960 old, we're 201 00:10:21,960 --> 00:10:26,019 not assessing value toward parks in those areas. This is 202 00:10:26,019 --> 00:10:27,279 exclusively a 203 00:10:27,279 --> 00:10:30,519 development ordinance. If there's not infill development, 204 00:10:30,519 --> 00:10:31,000 if there's not 205 00:10:31,000 --> 00:10:37,669 development in new subdivisions, we're not attributing 206 00:10:37,669 --> 00:10:38,600 value towards 207 00:10:38,600 --> 00:10:42,379 towards parks for the people in these areas and it puts a 208 00:10:42,379 --> 00:10:43,639 heavier burden on 209 00:10:43,639 --> 00:10:48,490 our CIP demand. Again, I want to make certain that we 210 00:10:48,490 --> 00:10:50,559 realize these funds are 211 00:10:50,559 --> 00:10:54,360 not for use for ball fields, pools, athletic centers, or 212 00:10:54,360 --> 00:10:55,559 recreation centers. 213 00:10:55,559 --> 00:11:00,379 These are exclusively for recreational amenities that one 214 00:11:00,379 --> 00:11:01,580 would find in a 215 00:11:01,580 --> 00:11:06,960 neighborhood park, not a regional athletic field, not 216 00:11:06,960 --> 00:11:08,480 something that's 217 00:11:08,480 --> 00:11:13,480 a community-level park. These are just for what their 218 00:11:13,480 --> 00:11:14,919 express purposes that we 219 00:11:14,919 --> 00:11:17,789 talked about. Again, we talked about limited geographic 220 00:11:17,789 --> 00:11:27,279 area and one thing I 221 00:11:27,279 --> 00:11:31,370 like to discuss is by large the majority of these valu 222 00:11:31,370 --> 00:11:33,399 ations, as I touched on just 223 00:11:33,399 --> 00:11:37,539 briefly previously, these valuations are based on DCAD 224 00:11:37,539 --> 00:11:39,240 assessments and again 225 00:11:39,240 --> 00:11:44,830 these DCAD assessments don't always reflect the amount of 226 00:11:44,830 --> 00:11:46,360 the value would be 227 00:11:46,360 --> 00:11:49,809 of the property that we would need to buy in adjacent area. 228 00:11:49,809 --> 00:11:51,840 So in some instances, 229 00:11:51,840 --> 00:11:55,889 we really need the opportunity to look at settlement 230 00:11:55,889 --> 00:11:57,399 documents and DCAD 231 00:11:57,399 --> 00:12:02,720 statements for any chance of anomalies or things that would 232 00:12:02,720 --> 00:12:04,080 benefit us as a 233 00:12:04,080 --> 00:12:08,149 community in moving forward in order to get the value that 234 00:12:08,149 --> 00:12:09,360 we need in order to 235 00:12:09,360 --> 00:12:16,080 to purchase these additional properties. This map will show 236 00:12:16,080 --> 00:12:17,159 the subdivisions 237 00:12:17,159 --> 00:12:21,210 around the parks. If you notice the green locations, those 238 00:12:21,210 --> 00:12:22,240 are parks within the 239 00:12:22,240 --> 00:12:30,139 community. The light blue areas show areas that are only 240 00:12:30,139 --> 00:12:31,320 half a mile 241 00:12:31,320 --> 00:12:35,919 adjacent to the park and the lavender shows those of a mile 242 00:12:35,919 --> 00:12:38,279 . This map shows the 243 00:12:38,279 --> 00:12:42,330 reciprocal of that. This shows the parcels of property that 244 00:12:42,330 --> 00:12:42,960 we will have 245 00:12:42,960 --> 00:12:47,830 available to us, places where we would need to exclude the 246 00:12:47,830 --> 00:12:48,879 fact of where we 247 00:12:48,879 --> 00:12:53,919 have a park in the interest of buying a new part. These are 248 00:12:53,919 --> 00:12:54,759 the parcels of 249 00:12:54,759 --> 00:12:58,200 land that are around new subdivisions. So when a new subdiv 250 00:12:58,200 --> 00:13:00,360 ision comes into town, 251 00:13:00,360 --> 00:13:05,779 we try to see where would be the most appropriate location 252 00:13:05,779 --> 00:13:07,240 for a balanced 253 00:13:07,240 --> 00:13:10,860 inventory so that everyone has that same half mile to one 254 00:13:10,860 --> 00:13:12,659 mile nexus in order to 255 00:13:12,659 --> 00:13:21,019 get to a park. Again, we may look at exchanging the one 256 00:13:21,019 --> 00:13:22,980 mile radius to that 257 00:13:22,980 --> 00:13:26,259 of a fixed geographic area. As it stands, it's served as 258 00:13:26,259 --> 00:13:27,519 well, but there are 259 00:13:27,519 --> 00:13:33,480 pockets of money, pockets of funding that we don't have 260 00:13:33,480 --> 00:13:34,399 enough to 261 00:13:34,399 --> 00:13:37,460 affect the purchase or to do the work that we need to do in 262 00:13:37,460 --> 00:13:38,559 park development. 263 00:13:38,559 --> 00:13:44,279 So there's, but they're essentially tied up in locations 264 00:13:44,279 --> 00:13:48,000 where the, we 265 00:13:48,000 --> 00:13:51,029 cannot access them where they need to be done. So what we 266 00:13:51,029 --> 00:13:52,080 want to do, yes Mr. Beck. 267 00:13:52,080 --> 00:13:55,360 Commissioner Beck. On that issue, thank you Chair, then 268 00:13:55,360 --> 00:13:56,559 what you're suggesting here is 269 00:13:56,559 --> 00:14:01,019 if we just expand the area until we get the thousand people 270 00:14:01,019 --> 00:14:02,840 we need to legitimize 271 00:14:02,840 --> 00:14:07,289 two and a half acres. Let me go back to the map for this 272 00:14:07,289 --> 00:14:10,559 little second. One 273 00:14:10,559 --> 00:14:13,820 thing that we're looking at is in instances, and again this 274 00:14:13,820 --> 00:14:14,399 is all the 275 00:14:14,399 --> 00:14:17,610 purpose of this dialogue is just to open a dialogue. We 276 00:14:17,610 --> 00:14:18,919 want to find out what will 277 00:14:18,919 --> 00:14:22,690 be the most effective solution in order to go forward. So 278 00:14:22,690 --> 00:14:24,600 this is our idea 279 00:14:24,600 --> 00:14:28,899 at first blush going through, is what we would want to do 280 00:14:28,899 --> 00:14:30,080 is to have 281 00:14:30,080 --> 00:14:33,029 somewhat like a cleanup provision where we could have 282 00:14:33,029 --> 00:14:34,480 geographical locations 283 00:14:34,480 --> 00:14:37,809 which are similar to many other geographic maps that we 284 00:14:37,809 --> 00:14:38,600 have in town, 285 00:14:38,600 --> 00:14:44,309 such as streets infrastructure map. There's quite a few 286 00:14:44,309 --> 00:14:45,679 that we can attribute 287 00:14:45,679 --> 00:14:50,960 it to, but basically we just would want to have a pool area 288 00:14:50,960 --> 00:14:51,919 that would allow us 289 00:14:51,919 --> 00:14:56,480 a cleanup provision so we don't have money sitting there 290 00:14:56,480 --> 00:14:59,000 that's to use that 291 00:14:59,000 --> 00:15:02,279 we can't access. So again that's one of the things that we 292 00:15:02,279 --> 00:15:03,440 as we meet with our 293 00:15:03,440 --> 00:15:06,950 stakeholders the next and following months that's that's 294 00:15:06,950 --> 00:15:07,320 one of the things 295 00:15:07,320 --> 00:15:11,639 that we want to move towards finding out. What will be the 296 00:15:11,639 --> 00:15:12,639 advantages and 297 00:15:12,639 --> 00:15:20,330 disadvantages of having that cleanup provision? And what do 298 00:15:20,330 --> 00:15:21,960 you clarify 299 00:15:21,960 --> 00:15:24,789 cleanup provision for me if you would? Essentially there 300 00:15:24,789 --> 00:15:25,879 are locations where 301 00:15:25,879 --> 00:15:31,370 there are portions of there's like in the infill areas like 302 00:15:31,370 --> 00:15:32,679 let's say the 303 00:15:32,679 --> 00:15:37,970 Redwood area. Sequoia Park is right there adjacent to Red 304 00:15:37,970 --> 00:15:39,480 wood and we've worked 305 00:15:39,480 --> 00:15:46,200 diligently in order to move forward with finding a 306 00:15:46,200 --> 00:15:47,480 replacement finding funding in 307 00:15:47,480 --> 00:15:50,559 order to develop Sequoia Park. It's an inventory we've had 308 00:15:50,559 --> 00:15:51,200 for a number of 309 00:15:51,200 --> 00:15:57,899 years. It's right there by a few apartments. What we just 310 00:15:57,899 --> 00:15:58,879 have never had 311 00:15:58,879 --> 00:16:02,100 enough funding due to the fact that majority of those 312 00:16:02,100 --> 00:16:05,080 houses are in excess of 30 313 00:16:05,080 --> 00:16:12,080 years old. When the infill lot develops but with with 314 00:16:12,080 --> 00:16:13,240 recent development with 315 00:16:13,240 --> 00:16:17,289 the Riddell apartments, the University apartments, we're 316 00:16:17,289 --> 00:16:19,120 just now entering that 317 00:16:19,120 --> 00:16:22,590 opportunity where we can develop. What we want to do is to 318 00:16:22,590 --> 00:16:23,879 have an opportunity 319 00:16:23,879 --> 00:16:28,639 where we don't have funding sitting in an account unused. 320 00:16:28,639 --> 00:16:30,840 We want to be able to 321 00:16:30,840 --> 00:16:36,750 access areas where you know they have existing development 322 00:16:36,750 --> 00:16:37,840 but since 323 00:16:37,840 --> 00:16:41,899 this is a funding apparatus that's exclusively driven by 324 00:16:41,899 --> 00:16:44,080 development if 325 00:16:44,080 --> 00:16:50,159 we don't build it the funds don't count. Thank you. Thank 326 00:16:50,159 --> 00:16:50,360 you. Commissioner 327 00:16:50,360 --> 00:16:53,240 Dudowitz. How much more do you have because I have a series 328 00:16:53,240 --> 00:16:54,120 of questions. I 329 00:16:54,120 --> 00:16:56,350 just want to know if it's appropriate to ask them now or 330 00:16:56,350 --> 00:16:58,559 wait to finish. I'm an 331 00:16:58,559 --> 00:17:02,200 easy guy. You have a question? We're talking about 332 00:17:02,200 --> 00:17:03,279 neighborhood parks in 333 00:17:03,279 --> 00:17:07,759 specific. Yes sir. Okay now if I remember correctly from a 334 00:17:07,759 --> 00:17:08,200 development 335 00:17:08,200 --> 00:17:10,750 standpoint a developer comes in and says here's a tract of 336 00:17:10,750 --> 00:17:11,440 land I'm going to 337 00:17:11,440 --> 00:17:15,250 develop 200 homes here. He has a choice to put certain 338 00:17:15,250 --> 00:17:16,759 parks in place within that 339 00:17:16,759 --> 00:17:23,609 development or pay into the fund. Okay well I can show you 340 00:17:23,609 --> 00:17:24,279 in the ordinance 341 00:17:24,279 --> 00:17:27,329 where it addresses that. Okay I'm just asking he has a 342 00:17:27,329 --> 00:17:29,480 choice right? There is an 343 00:17:29,480 --> 00:17:32,240 opportunity. Opportunity for him to put in parks within the 344 00:17:32,240 --> 00:17:33,920 development. But the 345 00:17:33,920 --> 00:17:38,920 choice is usually what is stated currently in the ordinance 346 00:17:38,920 --> 00:17:40,519 is if the 347 00:17:40,519 --> 00:17:45,369 amount of funding is less than that of five acres the city 348 00:17:45,369 --> 00:17:47,480 has the option to 349 00:17:47,480 --> 00:17:51,609 accept fees in lieu of. So the city makes the choice? There 350 00:17:51,609 --> 00:17:54,720 is an opportunity and 351 00:17:54,720 --> 00:17:59,930 quite often we have we take that opportunity to make that 352 00:17:59,930 --> 00:18:01,839 choice. But help 353 00:18:01,839 --> 00:18:05,960 you understand that. I can restate what I think where we're 354 00:18:05,960 --> 00:18:07,559 going is that the 355 00:18:07,559 --> 00:18:09,900 option is the city determines whether they want to take the 356 00:18:09,900 --> 00:18:10,640 land in the park 357 00:18:10,640 --> 00:18:13,039 or where they take the funds. Correct. It's not the 358 00:18:13,039 --> 00:18:14,319 developer saying I'm gonna 359 00:18:14,319 --> 00:18:17,190 give you a park and y'all will take it. They say we will 360 00:18:17,190 --> 00:18:18,720 take the park or if we 361 00:18:18,720 --> 00:18:21,269 don't want the park we'll take the funds. And the city 362 00:18:21,269 --> 00:18:22,359 traditionally takes the 363 00:18:22,359 --> 00:18:28,920 funds currently? Yes. I don't believe I've stated that. I 364 00:18:28,920 --> 00:18:29,400 didn't mean to 365 00:18:29,400 --> 00:18:32,559 walk on your time. I don't believe that that's what I 366 00:18:32,559 --> 00:18:34,319 conveyed and if it was I 367 00:18:34,319 --> 00:18:39,940 was in there. We look at any any offer we get with a very 368 00:18:39,940 --> 00:18:41,440 gracious and 369 00:18:41,440 --> 00:18:48,000 magnanimous opportunity to say by and large exclusively 370 00:18:48,000 --> 00:18:49,720 that we make the 371 00:18:49,720 --> 00:18:53,890 choice. I don't know if I would have comfort in saying that 372 00:18:53,890 --> 00:18:55,279 . Okay the reason I 373 00:18:55,279 --> 00:18:57,819 bring that up I've heard and I'm not sure it's true but I 374 00:18:57,819 --> 00:18:59,200 've heard instances 375 00:18:59,200 --> 00:19:04,480 where the city would prefer the funds rather than to have a 376 00:19:04,480 --> 00:19:05,799 park built by the 377 00:19:05,799 --> 00:19:09,119 developer and then maintained by the city because the city 378 00:19:09,119 --> 00:19:10,079 doesn't want to 379 00:19:10,079 --> 00:19:13,079 maintain those parks because of the expense to it. They 380 00:19:13,079 --> 00:19:13,759 rather had the funds 381 00:19:13,759 --> 00:19:19,079 put into into one of their coffers. I don't know if that's 382 00:19:19,079 --> 00:19:19,799 true but that's why 383 00:19:19,799 --> 00:19:21,940 I'm going through this line of question to find out where 384 00:19:21,940 --> 00:19:22,960 what's the city's 385 00:19:22,960 --> 00:19:27,809 intent or desire in some cases I've heard it they really 386 00:19:27,809 --> 00:19:28,480 had the funds. 387 00:19:28,480 --> 00:19:34,039 My desire is to make accessible great parks for all 388 00:19:34,039 --> 00:19:36,920 citizens of Denton within 389 00:19:36,920 --> 00:19:40,970 a half a mile a mile of their house. As far as that the 390 00:19:40,970 --> 00:19:42,200 logic stream that 391 00:19:42,200 --> 00:19:49,730 you've just stated that that has an air of subjectivity to 392 00:19:49,730 --> 00:19:51,559 it. That's not really 393 00:19:51,559 --> 00:19:55,450 how. We go through a host of different things when we make 394 00:19:55,450 --> 00:19:57,079 a decision because 395 00:19:57,079 --> 00:20:00,130 every decision we make has to be defendable to this 396 00:20:00,130 --> 00:20:02,359 decision. As far as 397 00:20:02,359 --> 00:20:07,509 just exclusively denying a partial property because we don 398 00:20:07,509 --> 00:20:08,720 't have the money 399 00:20:08,720 --> 00:20:13,099 to maintain it is not something that 16 years I've been 400 00:20:13,099 --> 00:20:14,640 here that we've been 401 00:20:14,640 --> 00:20:20,119 party to. If I'm wrong I'd like to have an offer. I'd like 402 00:20:20,119 --> 00:20:20,359 to have a 403 00:20:20,359 --> 00:20:25,599 conversation to examine that. Let me just go to examples. 404 00:20:25,599 --> 00:20:30,650 There's Ryan Road. There's a fairly large development going 405 00:20:30,650 --> 00:20:31,440 in behind Ryan 406 00:20:31,440 --> 00:20:34,960 Elementary. There's some other development at the corner of 407 00:20:34,960 --> 00:20:36,559 Teasley and Ryan. A lot 408 00:20:36,559 --> 00:20:39,440 of homes going in. I did not see any pocket parks or 409 00:20:39,440 --> 00:20:40,480 anything and I'm 410 00:20:40,480 --> 00:20:43,450 wondering within that those two large developments and what 411 00:20:43,450 --> 00:20:44,319 's being developed 412 00:20:44,319 --> 00:20:48,809 behind the current Walmart in that area where whether the 413 00:20:48,809 --> 00:20:50,079 parks are going to be 414 00:20:50,079 --> 00:20:53,200 placed within within half mile or a mile of those new 415 00:20:53,200 --> 00:20:54,880 developments going in. We 416 00:20:54,880 --> 00:20:59,890 have property already in that area. I'd be happy to pull up 417 00:20:59,890 --> 00:21:00,880 a map and show you. 418 00:21:00,880 --> 00:21:06,480 On Ryan Road? On Ryan Road exclusively. You have a dog park 419 00:21:06,480 --> 00:21:07,720 there. We have 420 00:21:07,720 --> 00:21:12,750 75-acre dog park and we also have other parcels that we're 421 00:21:12,750 --> 00:21:13,839 in negotiation for. 422 00:21:13,839 --> 00:21:16,799 In negotiation but there's nothing specifically planned 423 00:21:16,799 --> 00:21:18,119 right now. Not that I 424 00:21:18,119 --> 00:21:21,400 can tell you on camera about any pending real estate 425 00:21:21,400 --> 00:21:24,480 transactions. No. 426 00:21:24,880 --> 00:21:28,369 If I have the opportunity to I could continue this dialogue 427 00:21:28,369 --> 00:21:29,400 but I don't know 428 00:21:29,400 --> 00:21:33,700 if this is the best venue to talk about a pending real 429 00:21:33,700 --> 00:21:35,920 estate transaction or any 430 00:21:35,920 --> 00:21:38,980 pending real estate transaction. It kind of puts us in a 431 00:21:38,980 --> 00:21:40,359 really poor negotiating. 432 00:21:40,359 --> 00:21:45,779 I understand. Okay. Tell everybody. But I'd be happy to 433 00:21:45,779 --> 00:21:48,039 pursue it. Well I'm going to 434 00:21:48,039 --> 00:21:50,380 get into is that within those areas to set there's a 435 00:21:50,380 --> 00:21:51,599 definition of an area in 436 00:21:51,599 --> 00:21:55,160 which by your discussion you need to put a neighborhood 437 00:21:55,160 --> 00:21:57,160 park in. There are also 438 00:21:57,160 --> 00:22:03,279 nodes at Lake Forest. Let me go back. I may have brushed 439 00:22:03,279 --> 00:22:07,440 over that rapidly in 440 00:22:07,440 --> 00:22:11,680 in the trying to make make time for the next presentation. 441 00:22:11,680 --> 00:22:12,599 I apologize for that. 442 00:22:12,599 --> 00:22:17,960 That was disservice to myself and to y'all. We show here 9 443 00:22:17,960 --> 00:22:20,720 15 purchases and 915 444 00:22:20,720 --> 00:22:31,529 development. You reference Ryan. Just here alone I've got 445 00:22:31,529 --> 00:22:33,559 cross timbers, Lake 446 00:22:33,559 --> 00:22:39,799 Forest and Wheeler Ridge. They're all within that one-half 447 00:22:39,799 --> 00:22:40,720 to one mile 448 00:22:40,720 --> 00:22:50,680 nexus. So they're there. If there's already properties that 449 00:22:50,680 --> 00:22:51,680 I'd be happy to 450 00:22:51,680 --> 00:23:00,329 sit down and discuss this with you but those are 451 00:23:00,329 --> 00:23:02,480 negotiations that we 452 00:23:02,480 --> 00:23:11,410 had where they did fees and loot. If there is instances 453 00:23:11,410 --> 00:23:13,880 where I need to go 454 00:23:13,880 --> 00:23:17,559 back and talk to the developer find out if perhaps we've 455 00:23:17,559 --> 00:23:19,759 trespassed on their 456 00:23:19,759 --> 00:23:24,519 intents, we're willing to do that. I said the reason that 457 00:23:24,519 --> 00:23:25,079 we're having this 458 00:23:25,079 --> 00:23:27,480 dialogue or I would like to I'd like for us to have this 459 00:23:27,480 --> 00:23:29,119 dialogue is in order for 460 00:23:29,119 --> 00:23:40,480 us to to make it best for everybody. Thank you. Thank you. 461 00:23:43,279 --> 00:23:47,839 Mr. Beck, you don't know? No. I'm sorry. 462 00:23:52,079 --> 00:23:56,099 Back to the quadrant issue. Again that will give us an 463 00:23:56,099 --> 00:23:59,079 opportunity to 464 00:23:59,079 --> 00:24:03,369 more effectively utilize funds that we have available to us 465 00:24:03,369 --> 00:24:04,680 and additionally 466 00:24:04,680 --> 00:24:10,589 there's various sectors outside the loop that the funding 467 00:24:10,589 --> 00:24:12,880 is very spread out and 468 00:24:12,880 --> 00:24:18,359 again moving to a regional area where we could disperse 469 00:24:18,359 --> 00:24:19,960 those funds if we 470 00:24:19,960 --> 00:24:23,779 didn't meet the nexus test of one-half to one mile then it 471 00:24:23,779 --> 00:24:24,920 would allow us 472 00:24:24,920 --> 00:24:29,589 opportunity to be a better benefit to the citizens than 473 00:24:29,589 --> 00:24:31,079 have money in the 474 00:24:31,079 --> 00:24:33,440 coffers. 475 00:24:36,720 --> 00:24:40,960 Again, I brushed on this a few moments ago, due to 18 years 476 00:24:40,960 --> 00:24:43,400 of inflation, CPSC safety 477 00:24:43,400 --> 00:24:50,759 upgrades and the public's expectation, the price of park 478 00:24:50,759 --> 00:24:53,160 amenities has risen 479 00:24:53,160 --> 00:25:01,170 exceptionally in excess of the $208,000 that the $291 and $ 480 00:25:01,170 --> 00:25:03,559 187 is 481 00:25:03,559 --> 00:25:11,470 assessed towards. We touched on the quadrants. What we 482 00:25:11,470 --> 00:25:12,839 propose for 2016 483 00:25:12,839 --> 00:25:15,289 moving forward through the year, we want to review how the 484 00:25:15,289 --> 00:25:16,359 changes in the ordinance 485 00:25:16,359 --> 00:25:20,279 can best benefits the citizens of Denton, solicit citizen 486 00:25:20,279 --> 00:25:22,119 and developer input, 487 00:25:22,119 --> 00:25:29,559 solicit development from the planning and zoning, revise 488 00:25:29,559 --> 00:25:30,319 changes to 489 00:25:30,319 --> 00:25:34,160 both parks advisory board and the planning zoning board and 490 00:25:34,160 --> 00:25:35,000 then at that 491 00:25:35,000 --> 00:25:39,599 point move forward with any proposed changes to the city 492 00:25:39,599 --> 00:25:41,599 council. That 493 00:25:41,599 --> 00:25:43,839 concludes my presentation. If there's any additional 494 00:25:43,839 --> 00:25:44,920 questions, I'd be willing to 495 00:25:44,920 --> 00:25:47,579 address those. Mr. Hudsworth? Commissioner Hudsworth. I'm 496 00:25:47,579 --> 00:25:48,519 sorry. That's okay. 497 00:25:48,519 --> 00:25:58,759 Thank you, Chair. Yes, so let's see. I'd like to try to 498 00:25:58,759 --> 00:26:01,079 explore, because I'm 499 00:26:01,079 --> 00:26:07,480 tracking with you in maximizing dollars and efficiency and 500 00:26:07,480 --> 00:26:08,160 I'm curious your 501 00:26:08,160 --> 00:26:11,339 thoughts on like a Eureka Park. So obviously people are 502 00:26:11,339 --> 00:26:12,279 going to travel 503 00:26:12,279 --> 00:26:20,779 further for the amenities at that particular park and so 504 00:26:20,779 --> 00:26:23,240 have you explored 505 00:26:23,240 --> 00:26:28,579 that as an option? Larger, larger parks, more attract, so 506 00:26:28,579 --> 00:26:29,400 you got to you got to 507 00:26:29,400 --> 00:26:34,559 travel a little further but it kind of pulls resources and 508 00:26:34,559 --> 00:26:35,279 I and I so it's a 509 00:26:35,279 --> 00:26:41,509 double-edged question because I want to then I guess underg 510 00:26:41,509 --> 00:26:42,200 ird that with the 511 00:26:42,200 --> 00:26:45,799 fact that I'd like to maximize federal dollars so there's 512 00:26:45,799 --> 00:26:46,519 going to be 513 00:26:46,519 --> 00:26:50,829 requirements low and moderate income neighborhoods so as a 514 00:26:50,829 --> 00:26:52,119 way to have larger 515 00:26:52,119 --> 00:26:55,539 features in low and moderate income areas where you get 516 00:26:55,539 --> 00:26:56,519 these federal 517 00:26:56,519 --> 00:26:59,809 dollars now we have a bigger pool to pool from and so we 518 00:26:59,809 --> 00:27:01,000 have these larger 519 00:27:01,000 --> 00:27:05,279 pockets of parks where people it's not in that radius but 520 00:27:05,279 --> 00:27:07,480 people are it's kind 521 00:27:07,480 --> 00:27:10,900 of serving the community by kind of pulling these two 522 00:27:10,900 --> 00:27:12,319 resources together 523 00:27:12,319 --> 00:27:16,920 have you have you explored that at all how to kind of maybe 524 00:27:16,920 --> 00:27:19,119 build bigger parks 525 00:27:19,119 --> 00:27:24,269 using what's available to us? That's a that's a great segue 526 00:27:24,269 --> 00:27:25,599 into what we would 527 00:27:25,599 --> 00:27:32,069 I'm always in for maximizing whatever we can. Our Parks and 528 00:27:32,069 --> 00:27:33,039 Recreation Department 529 00:27:33,039 --> 00:27:37,150 does a very effective job of maintaining very nice parks 530 00:27:37,150 --> 00:27:38,799 without the utilization 531 00:27:38,799 --> 00:27:42,670 of a 4B sales tax and without the utilization of a lot of 532 00:27:42,670 --> 00:27:43,759 the tools our 533 00:27:43,759 --> 00:27:47,599 surrounding cities have and there's good reason for that 534 00:27:47,599 --> 00:27:51,119 but what I I think 535 00:27:51,119 --> 00:27:53,690 that's that's certainly something we can put into the 536 00:27:53,690 --> 00:27:57,720 dialogue so we we're very 537 00:27:57,720 --> 00:28:04,920 adaptive requesting and receiving grant dollars and we're 538 00:28:04,920 --> 00:28:06,960 very gracious for 539 00:28:06,960 --> 00:28:11,059 everything we've gotten through CDBG through TexDOT through 540 00:28:11,059 --> 00:28:11,839 Texas Parks and 541 00:28:11,839 --> 00:28:16,559 Wildlife and through a number of private foundations and 542 00:28:16,559 --> 00:28:20,920 endowments but I wouldn't 543 00:28:20,920 --> 00:28:24,970 stop there if there's any way we can synergize what you've 544 00:28:24,970 --> 00:28:26,559 talked about along 545 00:28:26,559 --> 00:28:33,710 with any public private sponsorships we would be out we 546 00:28:33,710 --> 00:28:35,119 would love to do that 547 00:28:35,119 --> 00:28:38,609 our the last time that Parks and Recreation Department 548 00:28:38,609 --> 00:28:39,279 built a rec 549 00:28:39,279 --> 00:28:45,700 center I graduated high school it was 1987 that's MLK 550 00:28:45,700 --> 00:28:48,759 Center some of our 551 00:28:48,759 --> 00:28:53,680 surrounding communities they're presently building multi- 552 00:28:53,680 --> 00:28:54,359 generational 553 00:28:54,359 --> 00:29:00,940 centers to the 10 to 36 million dollars apiece we don't 554 00:29:00,940 --> 00:29:04,480 expect that but we would 555 00:29:04,480 --> 00:29:08,329 like to we feel as though there are some deficits that we'd 556 00:29:08,329 --> 00:29:09,039 like to to move 557 00:29:09,039 --> 00:29:15,710 forward to to surpassing and not building a rec center in 558 00:29:15,710 --> 00:29:17,359 almost 20 years 559 00:29:17,359 --> 00:29:25,480 and when our population was 58,000 and now it's nearly 135, 560 00:29:25,480 --> 00:29:27,519 000 there's probably 561 00:29:27,519 --> 00:29:30,849 a little bit of a deficit we need to overcome I'd like to 562 00:29:30,849 --> 00:29:31,920 tag on to 563 00:29:31,920 --> 00:29:35,680 Commissioner Hussbuth I think we have some proof of that 564 00:29:35,680 --> 00:29:36,480 already with like the 565 00:29:36,480 --> 00:29:40,500 water park here in the city I know people travel from all 566 00:29:40,500 --> 00:29:41,480 over our city to 567 00:29:41,480 --> 00:29:44,369 go out there to the CH Collins area to use that we're very 568 00:29:44,369 --> 00:29:45,519 proud of it so it's 569 00:29:45,519 --> 00:29:48,710 a fantastic facility very proud and and thankful for the 570 00:29:48,710 --> 00:29:49,720 bond fund that we 571 00:29:49,720 --> 00:29:56,039 received in 2014 that will be building the wave pool and 572 00:29:56,039 --> 00:29:56,759 concession that we'll 573 00:29:56,759 --> 00:30:00,400 have there next year so I think that's a great idea that 574 00:30:00,400 --> 00:30:01,279 maybe you expand the 575 00:30:01,279 --> 00:30:05,710 areas and have some nicer larger parks I guess a suggestion 576 00:30:05,710 --> 00:30:06,519 is there a 577 00:30:06,519 --> 00:30:10,250 possibility for you all to do any informal polling at your 578 00:30:10,250 --> 00:30:11,200 parks to go out 579 00:30:11,200 --> 00:30:14,710 and ask people where do you live did you travel five miles 580 00:30:14,710 --> 00:30:15,880 or ten miles to get 581 00:30:15,880 --> 00:30:18,950 here did you walk down the street and maybe put some 582 00:30:18,950 --> 00:30:20,480 research behind some of 583 00:30:20,480 --> 00:30:23,569 this when you come back to us to say we find people will 584 00:30:23,569 --> 00:30:24,799 travel ten miles to 585 00:30:24,799 --> 00:30:27,960 come to the dog park out there on Ryan or Eureka Park I 586 00:30:27,960 --> 00:30:29,319 know Eureka Park is a 587 00:30:29,319 --> 00:30:33,160 has just been completely redone and that was a public 588 00:30:33,160 --> 00:30:35,039 private fundraiser together 589 00:30:35,039 --> 00:30:38,470 on on some of that I think a lot of it was actually private 590 00:30:38,470 --> 00:30:39,559 sector I think that 591 00:30:39,559 --> 00:30:43,960 a lot of you pretty much was we received over $500,000 the 592 00:30:43,960 --> 00:30:44,759 private sector for 593 00:30:44,759 --> 00:30:52,190 that location sure how much happy million dollars and we're 594 00:30:52,190 --> 00:30:53,680 nearing the 595 00:30:53,680 --> 00:30:57,730 three million dollar mark in recent years on on grant 596 00:30:57,730 --> 00:31:00,519 funding also so we 597 00:31:00,519 --> 00:31:05,809 we try well I'm gonna switch gears on you a little bit on 598 00:31:05,809 --> 00:31:07,200 yes on this our next 599 00:31:07,200 --> 00:31:09,910 item that's going to come before us is going to be tree 600 00:31:09,910 --> 00:31:10,799 coat in our work 601 00:31:10,799 --> 00:31:14,069 session and on in public I wanted to ask what what is the 602 00:31:14,069 --> 00:31:15,680 parks department's view 603 00:31:15,680 --> 00:31:20,299 on tree parks and maintenance of those and and your general 604 00:31:20,299 --> 00:31:21,759 thoughts of these 605 00:31:21,759 --> 00:31:26,170 undisturbed areas in the city taking ownership of those if 606 00:31:26,170 --> 00:31:27,299 possible and the 607 00:31:27,299 --> 00:31:34,279 maintenance of those well as with any tree part or native 608 00:31:34,279 --> 00:31:35,039 stay in the timber 609 00:31:35,039 --> 00:31:38,430 you know we would want to do an assessment on on on said 610 00:31:38,430 --> 00:31:39,720 area we have a 611 00:31:39,720 --> 00:31:43,450 number of arborist in our field I've got in the green 612 00:31:43,450 --> 00:31:46,400 industry along with got 613 00:31:46,400 --> 00:31:50,319 close to 30 years of experience I have a number of my 614 00:31:50,319 --> 00:31:52,039 colleagues that have 615 00:31:52,039 --> 00:31:56,730 equitable experience as with anything you if you know we 616 00:31:56,730 --> 00:31:57,799 would need to take a 617 00:31:57,799 --> 00:32:03,650 look at it and do a prospectus on what just because there's 618 00:32:03,650 --> 00:32:04,400 trees there 619 00:32:04,400 --> 00:32:09,660 and I don't know which parcel you're talking about you 620 00:32:09,660 --> 00:32:11,279 always need to do a 621 00:32:11,279 --> 00:32:14,369 liability assessment and I have a hundred percent faith in 622 00:32:14,369 --> 00:32:14,920 Haywood's 623 00:32:14,920 --> 00:32:19,859 abilities to do items such as that well that's not specific 624 00:32:19,859 --> 00:32:21,079 parcel but our next 625 00:32:21,079 --> 00:32:23,799 item on our agenda for our work session is going to be to 626 00:32:23,799 --> 00:32:24,920 talk about tree code 627 00:32:24,920 --> 00:32:29,250 which is going to have a great amount of preservation for 628 00:32:29,250 --> 00:32:30,240 it and some of the 629 00:32:30,240 --> 00:32:33,410 discussions that we're probably gonna be having is how do 630 00:32:33,410 --> 00:32:34,680 we consolidate those 631 00:32:34,680 --> 00:32:37,809 areas and whether they're privately owned or possibly 632 00:32:37,809 --> 00:32:39,039 publicly owned and if 633 00:32:39,039 --> 00:32:41,240 they're publicly owned I'm assuming more likely they're 634 00:32:41,240 --> 00:32:42,160 gonna fall to the Parks 635 00:32:42,160 --> 00:32:45,170 Department and if the Parks Department is saying we'd love 636 00:32:45,170 --> 00:32:46,039 to have them and 637 00:32:46,039 --> 00:32:48,359 we'd love to take care of them and and those things are we 638 00:32:48,359 --> 00:32:49,319 're concerned about 639 00:32:49,319 --> 00:32:53,079 them and we're gonna evaluate something that we're going to 640 00:32:53,079 --> 00:32:54,440 be considering here 641 00:32:54,440 --> 00:32:57,680 in a minute and possibly voting on this evening how do 642 00:32:57,680 --> 00:32:58,319 these things get 643 00:32:58,319 --> 00:33:01,089 administered and so since you're here I thought I'd pose 644 00:33:01,089 --> 00:33:02,519 that question to you as 645 00:33:02,519 --> 00:33:06,319 with any asset the purchase whether it's something for your 646 00:33:06,319 --> 00:33:07,599 home or if it's 647 00:33:07,599 --> 00:33:10,980 something for your business every appreciable asset has 648 00:33:10,980 --> 00:33:12,400 depreciable 649 00:33:12,400 --> 00:33:17,759 contacts and also has maintenance contacts if we received 650 00:33:17,759 --> 00:33:19,119 an asset such as 651 00:33:19,119 --> 00:33:23,660 that we would be needing to do the assessment I've 652 00:33:23,660 --> 00:33:25,200 discussed and receive 653 00:33:25,200 --> 00:33:31,230 funding in order to maintain that and that's something that 654 00:33:31,230 --> 00:33:31,880 we need to be 655 00:33:31,880 --> 00:33:37,569 mindful of Parks does not have the discretionary capacity 656 00:33:37,569 --> 00:33:39,039 to just take 657 00:33:39,039 --> 00:33:46,279 large parts of property with no associated funding okay 658 00:33:46,279 --> 00:33:46,799 Commissioner 659 00:33:46,799 --> 00:33:56,039 Hesbath yeah interesting point and so my question is how 660 00:33:56,039 --> 00:33:57,079 does your budget look I 661 00:33:57,079 --> 00:34:01,710 mean is it tight is it like super tight or is it comfy I 662 00:34:01,710 --> 00:34:03,359 mean you tell me that's 663 00:34:03,359 --> 00:34:08,539 okay do you mean on the camera anything I mean is it I mean 664 00:34:08,539 --> 00:34:10,079 and so if we dumped 665 00:34:10,079 --> 00:34:15,969 if by chance that the new canopy requirements dumped three 666 00:34:15,969 --> 00:34:16,519 tree 667 00:34:16,519 --> 00:34:19,829 preservation preserves on you what does that do to your 668 00:34:19,829 --> 00:34:21,000 budget give me it give 669 00:34:21,000 --> 00:34:25,320 me a day in the life of parks and didn't well again going 670 00:34:25,320 --> 00:34:26,400 back to my analogy of 671 00:34:26,400 --> 00:34:31,420 doing an assessment and getting the the associated 672 00:34:31,420 --> 00:34:34,679 maintenance dollars we would 673 00:34:34,679 --> 00:34:38,699 love to get a free puppy but we don't want a sick pup we 674 00:34:38,699 --> 00:34:40,320 want to you know what 675 00:34:40,320 --> 00:34:42,840 I'm trying to say is as long as it's an appreciable 676 00:34:42,840 --> 00:34:44,639 standard timber that is 677 00:34:44,639 --> 00:34:50,480 healthy does not have inherent hazards or hazards that we 678 00:34:50,480 --> 00:34:51,639 cannot effectively 679 00:34:51,639 --> 00:35:00,340 manage again I would have to I'm very cautious to just make 680 00:35:00,340 --> 00:35:01,239 a cart launch 681 00:35:01,239 --> 00:35:06,719 decision that will cost the city X amount of dollars and 682 00:35:06,719 --> 00:35:09,239 not have and not 683 00:35:09,239 --> 00:35:13,559 be able to assess that I was thinking is a businessman this 684 00:35:13,559 --> 00:35:13,920 room would do that 685 00:35:13,920 --> 00:35:15,760 that's why I asked the question and I'm all recognized 686 00:35:15,760 --> 00:35:16,599 Commissioner Dennis with 687 00:35:16,599 --> 00:35:18,670 but that's why I asked the question is because before us 688 00:35:18,670 --> 00:35:19,519 tonight we're gonna 689 00:35:19,519 --> 00:35:21,599 have some more discussion but we're gonna be working 690 00:35:21,599 --> 00:35:22,719 through this tree code 691 00:35:22,719 --> 00:35:26,739 ordinance and update and as such if we begin to preserve 692 00:35:26,739 --> 00:35:28,599 these areas the heads 693 00:35:28,599 --> 00:35:32,670 up somebody needs to have the discussion of how they get 694 00:35:32,670 --> 00:35:33,599 administered and who's 695 00:35:33,599 --> 00:35:36,369 gonna take care of them and pay for them before they get 696 00:35:36,369 --> 00:35:37,559 created and we have an 697 00:35:37,559 --> 00:35:40,940 issue and how they get administered and whether we were 698 00:35:40,940 --> 00:35:42,320 told that we're gonna 699 00:35:42,320 --> 00:35:47,130 have them in areas and then we're also told we don't know 700 00:35:47,130 --> 00:35:48,400 whether we we need to 701 00:35:48,400 --> 00:35:51,679 do a feasibility on whether we want it or not whether it's 702 00:35:51,679 --> 00:35:52,360 a sick puppy or a 703 00:35:52,360 --> 00:35:55,679 good puppy or whatever so Commissioner Daddowitz well that 704 00:35:55,679 --> 00:35:56,280 's kind of where I 705 00:35:56,280 --> 00:35:59,500 was going earlier and asking about the city taking over 706 00:35:59,500 --> 00:36:01,880 parks and requiring 707 00:36:01,880 --> 00:36:04,539 funds versus you know having to maintain them but having 708 00:36:04,539 --> 00:36:05,840 jumped on that last 709 00:36:05,840 --> 00:36:09,369 question do we have a stand of timber now that we have to 710 00:36:09,369 --> 00:36:11,000 maintain under a 711 00:36:11,000 --> 00:36:14,250 tree a tree part we have tree parks and we have a large 712 00:36:14,250 --> 00:36:16,079 urban forest within all 713 00:36:16,079 --> 00:36:19,829 of our parks you know one particular area where there is 714 00:36:19,829 --> 00:36:20,760 one right now sure 715 00:36:20,760 --> 00:36:23,389 and then you should know what the cost of maintenance that 716 00:36:23,389 --> 00:36:24,239 is not because your 717 00:36:24,239 --> 00:36:26,809 budget for it or you're having to maintain it so you know 718 00:36:26,809 --> 00:36:27,800 what the current 719 00:36:27,800 --> 00:36:31,909 that's maintenance cost is of that particular property and 720 00:36:31,909 --> 00:36:32,960 or all the ones 721 00:36:32,960 --> 00:36:38,639 that we're doing right if I may make an analogy that is 722 00:36:38,639 --> 00:36:40,920 someone akin to you on 723 00:36:40,920 --> 00:36:46,869 a car so you can go by any car off the street and you know 724 00:36:46,869 --> 00:36:47,760 how much that car is 725 00:36:47,760 --> 00:36:51,039 gonna cost you to maintain and what's wrong with their car 726 00:36:51,039 --> 00:36:52,639 to me those two 727 00:36:52,639 --> 00:36:55,679 concepts are now with us but you own a car right now and 728 00:36:55,679 --> 00:36:56,800 you've owned it for 10 729 00:36:56,800 --> 00:36:59,449 years and you've been putting maintenance into it so you 730 00:36:59,449 --> 00:37:00,000 should know 731 00:37:00,000 --> 00:37:02,840 what the maintenance cost is of owning that particular car 732 00:37:02,840 --> 00:37:03,880 in which you've been 733 00:37:03,880 --> 00:37:06,639 owned for a while so I'm asking you we have property now 734 00:37:06,639 --> 00:37:07,719 that you own you have 735 00:37:07,719 --> 00:37:11,440 to maintain it there is a cost actual cost of maintaining 736 00:37:11,440 --> 00:37:12,440 that on a per acre 737 00:37:12,440 --> 00:37:16,230 or per person or however you do it that's kind of you know 738 00:37:16,230 --> 00:37:17,360 what's I have 739 00:37:17,360 --> 00:37:22,260 that fun I have those stats okay from a few years back what 740 00:37:22,260 --> 00:37:24,119 it costs per acre or 741 00:37:24,119 --> 00:37:29,170 per square foot to maintain trees I am NOT the person that 742 00:37:29,170 --> 00:37:30,679 's logged in at this 743 00:37:30,679 --> 00:37:36,340 diets that we could get yeah if the chair could could step 744 00:37:36,340 --> 00:37:37,280 in I think that's 745 00:37:37,280 --> 00:37:40,190 valuable information and we're gonna have some dialogue 746 00:37:40,190 --> 00:37:41,039 about this tree 747 00:37:41,039 --> 00:37:44,610 ordinance that's probably something that I would ask staff 748 00:37:44,610 --> 00:37:46,000 as we dig into this 749 00:37:46,000 --> 00:37:48,719 some more not only in tonight but sound like me may have 750 00:37:48,719 --> 00:37:49,719 some some future 751 00:37:49,719 --> 00:37:52,719 discussion on this if we could get that information and 752 00:37:52,719 --> 00:37:54,480 sure benefits everybody 753 00:37:54,480 --> 00:37:57,940 in how we draft this ordinance and also how you all may 754 00:37:57,940 --> 00:37:59,639 prepare for the future 755 00:37:59,639 --> 00:38:06,840 of that I am certainly in favor of maintaining standard 756 00:38:06,840 --> 00:38:08,119 trees within the 757 00:38:08,119 --> 00:38:13,960 community and preserving trees in the community but again 758 00:38:13,960 --> 00:38:15,800 if you buy a car and 759 00:38:15,800 --> 00:38:18,230 most people take the mechanics see what's wrong with it so 760 00:38:18,230 --> 00:38:20,039 we need to we 761 00:38:20,039 --> 00:38:22,449 need to make it a smart assessment just one last 762 00:38:22,449 --> 00:38:24,039 Commissioner does one final 763 00:38:24,039 --> 00:38:25,739 thing we just want to make sure you have the funds 764 00:38:25,739 --> 00:38:26,800 available to be able to take 765 00:38:26,800 --> 00:38:28,760 care of things that's why we're getting to we're not you 766 00:38:28,760 --> 00:38:29,480 know going in one 767 00:38:29,480 --> 00:38:31,840 direction but if we're gonna do something we want to make 768 00:38:31,840 --> 00:38:32,420 sure we we can 769 00:38:32,420 --> 00:38:36,210 maintain it though it doesn't get trashed or become a you 770 00:38:36,210 --> 00:38:37,440 know a derelict 771 00:38:37,440 --> 00:38:41,199 piece of property that's just no not used to anybody okay 772 00:38:41,199 --> 00:38:42,559 normally those are 773 00:38:42,559 --> 00:38:47,710 funded through the supplemental process in the budget what 774 00:38:47,710 --> 00:38:50,039 happens in in previous 775 00:38:50,039 --> 00:38:54,699 instances we maintain those track records and then apply 776 00:38:54,699 --> 00:38:55,480 for a supplemental 777 00:38:55,480 --> 00:39:02,800 the next budget season unfortunately or fortunately rather 778 00:39:02,800 --> 00:39:03,960 we have a very 779 00:39:03,960 --> 00:39:10,199 vibrant and growing community and we have a number of very 780 00:39:10,199 --> 00:39:12,320 great departments 781 00:39:12,320 --> 00:39:15,400 that buy quite competitively for those supplemental funding 782 00:39:15,400 --> 00:39:17,159 packages or 783 00:39:17,159 --> 00:39:22,469 sometimes hey you've already made maintaining for X amount 784 00:39:22,469 --> 00:39:24,360 of months you 785 00:39:24,360 --> 00:39:28,480 obviously can do it and we don't get the funding so we try 786 00:39:28,480 --> 00:39:30,519 to be a little more 787 00:39:30,519 --> 00:39:37,980 finite in our our statements in public I apologize for not 788 00:39:37,980 --> 00:39:39,920 giving you a complete 789 00:39:39,920 --> 00:39:42,650 cost benefit analysis but I just would rather give you 790 00:39:42,650 --> 00:39:43,880 accurate numbers than 791 00:39:43,880 --> 00:39:46,829 shoot from the hip and just give you I appreciate that and 792 00:39:46,829 --> 00:39:47,360 I know at the 793 00:39:47,360 --> 00:39:50,070 beginning your your presentation this is a beginning step 794 00:39:50,070 --> 00:39:50,719 of an ongoing 795 00:39:50,719 --> 00:39:53,550 conversation as you roll out your ordinance so appreciate 796 00:39:53,550 --> 00:39:54,199 what you've 797 00:39:54,199 --> 00:39:57,239 brought tonight I think you've given some great starting 798 00:39:57,239 --> 00:39:57,760 points I think 799 00:39:57,760 --> 00:40:00,340 Commission has given you some maybe some questions back of 800 00:40:00,340 --> 00:40:01,320 some things we'd like 801 00:40:01,320 --> 00:40:04,539 to see when you come back so we look forward to having you 802 00:40:04,539 --> 00:40:05,119 back and and 803 00:40:05,119 --> 00:40:07,980 having more dialogue on on what you're proposing on 804 00:40:07,980 --> 00:40:09,800 updating your ordinance so 805 00:40:09,800 --> 00:40:14,719 thank you very much thank you for opportunity yes a couple 806 00:40:14,719 --> 00:40:14,880 quick 807 00:40:14,880 --> 00:40:19,559 clarification thank you chair in her background material 808 00:40:19,559 --> 00:40:20,559 and what you 809 00:40:20,559 --> 00:40:24,000 presented on the board it classifies a neighborhood park is 810 00:40:24,000 --> 00:40:25,000 a medium-sized park 811 00:40:25,000 --> 00:40:28,719 the range in size from one and a half acres 15 acres yet on 812 00:40:28,719 --> 00:40:30,199 page six of the 813 00:40:30,199 --> 00:40:36,869 information sheet you pointed out section 22 - 41 C site 814 00:40:36,869 --> 00:40:37,519 selection 815 00:40:37,519 --> 00:40:40,550 characteristics part it classifies a neighborhood park is a 816 00:40:40,550 --> 00:40:41,480 minimum of five 817 00:40:41,480 --> 00:40:44,789 acres and obtained as one complete parcel so why the 818 00:40:44,789 --> 00:40:46,079 difference there I 819 00:40:46,079 --> 00:40:49,909 believe one is our internal nomenclature and one or NPA NRP 820 00:40:49,909 --> 00:40:52,440 a standards that may 821 00:40:52,440 --> 00:41:00,269 be made more sense on the AIS the NRP a standards due to 822 00:41:00,269 --> 00:41:03,360 the most recent NRP a 823 00:41:03,360 --> 00:41:09,050 data that's out in the 2016 field report that's what where 824 00:41:09,050 --> 00:41:10,360 I brought up the 825 00:41:10,360 --> 00:41:16,760 figure of 9.5 acres for thousand of which this this conduit 826 00:41:16,760 --> 00:41:19,039 provides 2.5 okay 827 00:41:19,039 --> 00:41:27,920 so our as with any national nomenclature versus local nomen 828 00:41:27,920 --> 00:41:29,480 clature there's going 829 00:41:29,480 --> 00:41:34,119 to be small nuances that are different okay so I'm sure if 830 00:41:34,119 --> 00:41:35,599 you look at Fed 831 00:41:35,599 --> 00:41:40,760 standards versus city didn't standards on number of things 832 00:41:40,760 --> 00:41:42,119 there would be minor 833 00:41:42,119 --> 00:41:45,679 nuance okay that makes a good in this one last question we 834 00:41:45,679 --> 00:41:46,719 didn't talk about 835 00:41:46,719 --> 00:41:51,239 biker hiking trails are we developing anything I know we've 836 00:41:51,239 --> 00:41:52,480 got the Cooper 837 00:41:52,480 --> 00:41:56,500 Creek trail is that in the works we are actually moving 838 00:41:56,500 --> 00:42:00,039 forward with I don't 839 00:42:00,039 --> 00:42:04,320 want to over speak I'm gonna step in as chair I know we 840 00:42:04,320 --> 00:42:05,280 were trying to go for 841 00:42:05,280 --> 00:42:08,650 about 30 minutes and we're 45 minutes in I know you're 842 00:42:08,650 --> 00:42:09,599 gonna be come back if 843 00:42:09,599 --> 00:42:12,889 we've got some further questions on this could we get you 844 00:42:12,889 --> 00:42:14,159 some an email from each 845 00:42:14,159 --> 00:42:16,239 individual commissioner they've got some follow-up because 846 00:42:16,239 --> 00:42:17,239 I know we've got a an 847 00:42:17,239 --> 00:42:19,539 important item that's coming before us next I know 848 00:42:19,539 --> 00:42:20,960 everybody wants to make sure 849 00:42:20,960 --> 00:42:24,750 we have some good time on so I'll leave a stack of my cards 850 00:42:24,750 --> 00:42:27,280 by the table there I 851 00:42:27,280 --> 00:42:30,519 apologize those that know me know I'm long-winded and we've 852 00:42:30,519 --> 00:42:31,159 asked a lot of 853 00:42:31,159 --> 00:42:35,179 questions so thank you for for giving us as much 854 00:42:35,179 --> 00:42:36,320 information as you could at this 855 00:42:36,320 --> 00:42:39,340 time again I really appreciate the opportunity just to have 856 00:42:39,340 --> 00:42:39,960 the opportunity 857 00:42:39,960 --> 00:42:55,949 thank you very much thank you I'll take one thank you sir 858 00:42:55,949 --> 00:42:57,000 good job we're gonna 859 00:42:57,000 --> 00:43:03,659 move to back to our the item that was on our number one on 860 00:43:03,659 --> 00:43:05,159 our agenda not to 861 00:43:05,159 --> 00:43:08,480 receive a clarification of agenda items and I'm gonna turn 862 00:43:08,480 --> 00:43:09,599 that over to Manal 863 00:43:09,599 --> 00:43:12,750 for a presentation thank you chairperson strange tonight we 864 00:43:12,750 --> 00:43:13,679 're going to present 865 00:43:13,679 --> 00:43:17,489 the proposed amendments to our tree preservation and 866 00:43:17,489 --> 00:43:19,320 landscape requirements 867 00:43:19,320 --> 00:43:22,780 specifically the tree code I'm going to ask Haywood to do a 868 00:43:22,780 --> 00:43:24,079 presentation for us 869 00:43:24,079 --> 00:43:28,460 which basically provides a good understanding of where we 870 00:43:28,460 --> 00:43:29,239 are where we 871 00:43:29,239 --> 00:43:32,320 came from and what is our intention and where we should be 872 00:43:32,320 --> 00:43:33,000 as a growing 873 00:43:33,000 --> 00:43:37,699 community today thank you good evening commissioners my 874 00:43:37,699 --> 00:43:38,679 name is Haywood Morgan 875 00:43:38,679 --> 00:43:41,679 and I'm the urban forester for the city of Denton just to 876 00:43:41,679 --> 00:43:42,679 give a little bit of 877 00:43:42,679 --> 00:43:47,219 background about myself my formal education is in urban 878 00:43:47,219 --> 00:43:48,400 forestry and I 879 00:43:48,400 --> 00:43:52,079 have about 18 years of experience working in urban forestry 880 00:43:52,079 --> 00:43:52,920 specifically 881 00:43:52,920 --> 00:43:57,000 working for municipal governments amongst three 882 00:43:57,000 --> 00:43:58,400 municipalities 883 00:43:58,400 --> 00:44:04,650 including the city of Denton so today our objective here is 884 00:44:04,650 --> 00:44:05,920 to hold a public 885 00:44:05,920 --> 00:44:08,650 hearing to consider making recommendations to the City 886 00:44:08,650 --> 00:44:09,119 Council 887 00:44:09,119 --> 00:44:12,760 regarding adopting an ordinance of the city of Denton Texas 888 00:44:12,760 --> 00:44:13,440 amending sub 889 00:44:13,440 --> 00:44:19,519 chapter 35.3 procedures sub chapter 35.13 site design 890 00:44:19,519 --> 00:44:20,760 standards and sub 891 00:44:20,760 --> 00:44:25,139 chapter 35.23 definitions and terms of the Denton 892 00:44:25,139 --> 00:44:26,320 development code as relates 893 00:44:26,320 --> 00:44:31,050 to tree preservation and landscape requirements so what is 894 00:44:31,050 --> 00:44:32,320 the tree code 895 00:44:32,320 --> 00:44:35,650 when we talk about the tree code well the tree code deals 896 00:44:35,650 --> 00:44:36,880 with the preservation 897 00:44:36,880 --> 00:44:40,130 of existing trees and mitigation of trees removed when 898 00:44:40,130 --> 00:44:41,400 preservation goals 899 00:44:41,400 --> 00:44:47,079 cannot be met it applies to the city limits not in the ATJ 900 00:44:47,079 --> 00:44:48,880 so why do we have 901 00:44:48,880 --> 00:44:52,230 a tree code why do we why is it important to preserve trees 902 00:44:52,230 --> 00:44:53,559 well first we 903 00:44:53,559 --> 00:44:57,449 have the many environmental benefits that are associated 904 00:44:57,449 --> 00:44:59,039 with trees from soil 905 00:44:59,039 --> 00:45:04,389 quality wildlife habitat beauty local climate modification 906 00:45:04,389 --> 00:45:06,280 air quality carbon 907 00:45:06,280 --> 00:45:11,320 sequestration stopping erosion reducing flooding filtering 908 00:45:11,320 --> 00:45:12,679 water pollution and 909 00:45:12,679 --> 00:45:18,679 noise abatement we also have the many health benefits that 910 00:45:18,679 --> 00:45:19,719 are associated 911 00:45:19,719 --> 00:45:25,480 with trees there's been studies that have shown that 912 00:45:25,480 --> 00:45:27,360 environments where people 913 00:45:27,360 --> 00:45:30,349 are exposed to environments where there are mature trees 914 00:45:30,349 --> 00:45:31,760 that they have boosted 915 00:45:31,760 --> 00:45:36,519 immune systems lower blood pressure reduce stress improve 916 00:45:36,519 --> 00:45:37,719 moods it speeds 917 00:45:37,719 --> 00:45:41,949 recovery after surgery increases energy level and improve 918 00:45:41,949 --> 00:45:44,360 sleep a recent study 919 00:45:44,360 --> 00:45:48,980 found that adding ten trees to a city block makes residents 920 00:45:48,980 --> 00:45:50,360 healthier by the 921 00:45:50,360 --> 00:45:53,860 same manner of raising their income by ten thousand dollars 922 00:45:53,860 --> 00:45:55,599 per household that 923 00:45:55,599 --> 00:46:00,489 same study found that having ten more trees added to a city 924 00:46:00,489 --> 00:46:02,159 block on average 925 00:46:02,159 --> 00:46:06,409 decreases cardio metabolic conditions in the way of 926 00:46:06,409 --> 00:46:08,880 increasing annual perceived 927 00:46:08,880 --> 00:46:12,599 income by twenty thousand dollars so there are many health 928 00:46:12,599 --> 00:46:14,039 benefits that we 929 00:46:14,039 --> 00:46:19,639 receive from trees so we talk about economic viability 930 00:46:19,639 --> 00:46:21,400 pictured here is one 931 00:46:21,400 --> 00:46:25,860 of our local commercial properties you may recognize it you 932 00:46:25,860 --> 00:46:27,360 may not but this is 933 00:46:27,360 --> 00:46:31,190 an example of a commercial development where trees were 934 00:46:31,190 --> 00:46:33,119 successfully preserved 935 00:46:33,119 --> 00:46:36,400 and you see the trees are you know still around the 936 00:46:36,400 --> 00:46:37,920 property still providing 937 00:46:37,920 --> 00:46:41,969 benefits you can't see it too well but this sign this 938 00:46:41,969 --> 00:46:43,280 particular establishment 939 00:46:43,280 --> 00:46:48,429 was listed at one as one of Denton's best of 2016 so you 940 00:46:48,429 --> 00:46:49,639 can preserve trees 941 00:46:49,639 --> 00:46:56,300 and have a successful business in the process there's also 942 00:46:56,300 --> 00:46:57,679 been studies shown 943 00:46:57,679 --> 00:47:01,780 that trees can lower heating and air conditioning costs by 944 00:47:01,780 --> 00:47:04,280 up to 40% 945 00:47:04,280 --> 00:47:08,690 shoppers are willing to pay more up to 12% more in areas 946 00:47:08,690 --> 00:47:10,199 and shopping areas 947 00:47:10,199 --> 00:47:13,889 where trees are present versus areas where trees are not 948 00:47:13,889 --> 00:47:15,199 present even the 949 00:47:15,199 --> 00:47:19,429 perceived quality of products has been shown to have an 950 00:47:19,429 --> 00:47:21,280 increased perception of 951 00:47:21,280 --> 00:47:27,360 quality when the shopping areas have trees and and lastly 952 00:47:27,360 --> 00:47:29,280 it's been shown in 953 00:47:29,280 --> 00:47:33,559 multiple studies that home values are four to fifteen 954 00:47:33,559 --> 00:47:35,800 percent higher in areas 955 00:47:35,800 --> 00:47:40,440 that have mature trees now it's true that there is not a 956 00:47:40,440 --> 00:47:42,679 checkbox when a bank 957 00:47:42,679 --> 00:47:46,190 appraiser comes out to a property to assess a property to 958 00:47:46,190 --> 00:47:47,199 say okay trees 959 00:47:47,199 --> 00:47:52,360 added X amount to the value of this house I won't dispute 960 00:47:52,360 --> 00:47:53,000 that that is 961 00:47:53,000 --> 00:47:58,659 absolutely correct that being said the studies that that 962 00:47:58,659 --> 00:48:00,400 have been done has to 963 00:48:00,400 --> 00:48:04,460 do with the desirability of someone to live in a 964 00:48:04,460 --> 00:48:06,880 neighborhood people that are 965 00:48:06,880 --> 00:48:11,039 purchasing homes are willing to spend more for homes that 966 00:48:11,039 --> 00:48:12,639 have mature trees and 967 00:48:12,639 --> 00:48:16,309 the neighborhood so if someone is willing to pay more for 968 00:48:16,309 --> 00:48:17,719 houses in that 969 00:48:17,719 --> 00:48:20,789 neighborhood when the bank does their comps what does that 970 00:48:20,789 --> 00:48:21,960 do well that 971 00:48:21,960 --> 00:48:24,670 increases the values in that neighborhood where there are 972 00:48:24,670 --> 00:48:25,039 mature 973 00:48:25,039 --> 00:48:28,900 trees I know for one the last house that I purchased one of 974 00:48:28,900 --> 00:48:29,519 the big 975 00:48:29,519 --> 00:48:32,050 determining factors were the mature trees and the 976 00:48:32,050 --> 00:48:33,639 neighborhood as well as a 977 00:48:33,639 --> 00:48:39,159 city park within a half a block of the house that had a lot 978 00:48:39,159 --> 00:48:41,000 of trees in it so 979 00:48:41,000 --> 00:48:46,340 we also look at public demand as you may know and I'll go 980 00:48:46,340 --> 00:48:47,840 over this a little bit 981 00:48:47,840 --> 00:48:52,119 later but Denton's tree preservation code started off with 982 00:48:52,119 --> 00:48:54,800 with public demand 983 00:48:54,800 --> 00:48:58,699 as a result of trees being removed at the flow hospital 984 00:48:58,699 --> 00:49:00,159 site here in town in 985 00:49:00,159 --> 00:49:06,050 2003 this clip of this picture an article is from last week 986 00:49:06,050 --> 00:49:07,039 's didn't record 987 00:49:07,039 --> 00:49:10,690 Chronicle southern didn't area cleared of trees to make way 988 00:49:10,690 --> 00:49:12,840 for homes and this is 989 00:49:12,840 --> 00:49:15,559 one of the local residents standing next to a pile of mulch 990 00:49:15,559 --> 00:49:18,719 so residents have not 991 00:49:18,719 --> 00:49:23,050 you know lost their desire to preserve trees it is still a 992 00:49:23,050 --> 00:49:24,159 demand of the 993 00:49:24,159 --> 00:49:29,780 citizens of Denton we talked about the the the benefits of 994 00:49:29,780 --> 00:49:31,760 trees as relates to 995 00:49:31,760 --> 00:49:36,579 the urban heat island there's been many studies that have 996 00:49:36,579 --> 00:49:38,760 shown that cities and 997 00:49:38,760 --> 00:49:42,409 urban areas that are devoid of trees have higher daytime 998 00:49:42,409 --> 00:49:43,440 and nighttime 999 00:49:43,440 --> 00:49:47,119 temperature due primarily to the absorption of heat during 1000 00:49:47,119 --> 00:49:48,239 the daytime and 1001 00:49:48,239 --> 00:49:51,969 the release of heat during the nighttime so our urban areas 1002 00:49:51,969 --> 00:49:53,320 are hotter when they 1003 00:49:53,320 --> 00:49:57,340 are devoid of trees and of course there's the aesthetic 1004 00:49:57,340 --> 00:49:58,440 beauty that's 1005 00:49:58,440 --> 00:50:03,739 provided by trees in our environment so who's affected by 1006 00:50:03,739 --> 00:50:05,079 tree preservation and 1007 00:50:05,079 --> 00:50:09,139 Denton well our property owners and residents are affected 1008 00:50:09,139 --> 00:50:10,280 developers are 1009 00:50:10,280 --> 00:50:14,960 affected and other interested groups such as keep them 1010 00:50:14,960 --> 00:50:16,320 beautiful the Native 1011 00:50:16,320 --> 00:50:23,360 Plant Society TWU UNT all those various stakeholders that 1012 00:50:23,360 --> 00:50:24,239 we have in a community 1013 00:50:24,239 --> 00:50:28,469 are also affected by how we preserve or how we do not 1014 00:50:28,469 --> 00:50:30,159 preserve trees I'm not to 1015 00:50:30,159 --> 00:50:34,039 stop and ask you a question sure this TWU and UNT do they 1016 00:50:34,039 --> 00:50:35,000 follow the city of 1017 00:50:35,000 --> 00:50:38,119 Denton tree ordinance are they exempt to state institutions 1018 00:50:38,119 --> 00:50:39,280 you and T because 1019 00:50:39,280 --> 00:50:42,239 they are state they they do not follow the city's tree 1020 00:50:42,239 --> 00:50:43,599 preservation or they 1021 00:50:43,599 --> 00:50:46,809 have their own guidelines that they abide by I'm not a 1022 00:50:46,809 --> 00:50:47,840 hundred percent sure 1023 00:50:47,840 --> 00:50:58,440 of TWU okay thank you mm-hmm so I mentioned earlier the 1024 00:50:58,440 --> 00:50:59,159 flow hospital 1025 00:50:59,159 --> 00:51:03,079 site and you know this this picture is a little distorted I 1026 00:51:03,079 --> 00:51:03,920 stretched it out to 1027 00:51:03,920 --> 00:51:07,719 fill the slide but you get the gesture you have your 1028 00:51:07,719 --> 00:51:08,639 hospital here and you see 1029 00:51:08,639 --> 00:51:12,460 there's a large stands of trees here to the east to the 1030 00:51:12,460 --> 00:51:14,639 north some to the to the 1031 00:51:14,639 --> 00:51:19,619 west this is what I like to call the genesis of tree 1032 00:51:19,619 --> 00:51:21,360 preservation in Denton 1033 00:51:21,360 --> 00:51:24,150 this is where it all began this is where it started and 1034 00:51:24,150 --> 00:51:25,599 that's why I felt it was 1035 00:51:25,599 --> 00:51:29,320 important to include this at the start of our timeline so 1036 00:51:29,320 --> 00:51:30,400 we have the flow 1037 00:51:30,400 --> 00:51:36,480 hospital again 2003 in 2004 the city passed its first tree 1038 00:51:36,480 --> 00:51:37,079 preservation 1039 00:51:37,079 --> 00:51:42,969 requirements between 2005 and 2008 the tree code has been 1040 00:51:42,969 --> 00:51:44,679 reviewed for updates 1041 00:51:44,679 --> 00:51:52,480 and 2008 the city hired their first urban forester 2014 to 1042 00:51:52,480 --> 00:51:53,800 present has been 1043 00:51:53,800 --> 00:51:58,760 the current effort to revise the city's tree code 1044 00:52:01,000 --> 00:52:09,480 back up here so the current state of our code you know 1045 00:52:09,480 --> 00:52:11,440 basically there's too many 1046 00:52:11,440 --> 00:52:16,039 variables there's 39 different scenarios for preserving 1047 00:52:16,039 --> 00:52:17,960 trees based on the size 1048 00:52:17,960 --> 00:52:20,989 of your property the type of trees it's it's not very 1049 00:52:20,989 --> 00:52:22,519 straightforward at all 1050 00:52:22,519 --> 00:52:26,750 there's no flexibility in the code when it comes to to 1051 00:52:26,750 --> 00:52:28,679 preservation and there 1052 00:52:28,679 --> 00:52:32,130 are no incentives to sort to save large trees now when I'm 1053 00:52:32,130 --> 00:52:33,239 when I'm speaking of 1054 00:52:33,239 --> 00:52:36,690 large trees I mean those trees in our code that are listed 1055 00:52:36,690 --> 00:52:38,199 18 inches and larger 1056 00:52:38,199 --> 00:52:43,019 our our protected trees and our large secondary trees under 1057 00:52:43,019 --> 00:52:44,440 our current code 1058 00:52:44,440 --> 00:52:47,760 there is no requirement to preserve any tree that's 18 1059 00:52:47,760 --> 00:52:48,960 inches above if the 1060 00:52:48,960 --> 00:52:52,269 developer or the development removes that they simply pay 1061 00:52:52,269 --> 00:52:53,360 for the tree they 1062 00:52:53,360 --> 00:52:57,369 mitigated either at a one to two ratio or one to one ratio 1063 00:52:57,369 --> 00:52:58,760 if it's in if it's a 1064 00:52:58,760 --> 00:53:02,679 part if it is a part of a tree stand it can be can be 1065 00:53:02,679 --> 00:53:04,639 treated as a tree stand 1066 00:53:04,639 --> 00:53:08,559 and as a tree that's less than 18 inches that's under our 1067 00:53:08,559 --> 00:53:10,960 current code so here's 1068 00:53:10,960 --> 00:53:14,599 some examples of the state of our current code now here's 1069 00:53:14,599 --> 00:53:16,079 an example of a 1070 00:53:16,079 --> 00:53:18,880 commercial development I believe it's a doctor's office 1071 00:53:18,880 --> 00:53:19,840 where you see they 1072 00:53:19,840 --> 00:53:23,300 successfully preserved large trees in this landscape the 1073 00:53:23,300 --> 00:53:24,440 road is not pictured 1074 00:53:24,440 --> 00:53:27,260 here I wanted to actually show the the trees and the 1075 00:53:27,260 --> 00:53:29,159 building here's another 1076 00:53:29,159 --> 00:53:32,650 the some similar the same picture we saw earlier of the the 1077 00:53:32,650 --> 00:53:35,480 hotel and here's a 1078 00:53:35,480 --> 00:53:40,300 student housing development near UNT that you know they 1079 00:53:40,300 --> 00:53:41,719 were able to preserve 1080 00:53:41,719 --> 00:53:48,400 a large tree on that site okay so here's another example of 1081 00:53:48,400 --> 00:53:50,119 the current state of 1082 00:53:50,119 --> 00:53:53,719 our code what I'm showing here is a parcel land prior to 1083 00:53:53,719 --> 00:53:55,039 development and you 1084 00:53:55,039 --> 00:53:58,369 can see you know it's not fully tree but you know it has a 1085 00:53:58,369 --> 00:53:59,719 fair amount of trees 1086 00:53:59,719 --> 00:54:04,679 on this property now here is the property developed as a 1087 00:54:04,679 --> 00:54:06,360 residential site 1088 00:54:06,360 --> 00:54:10,480 it's hard to pick out the areas that were preserved for 1089 00:54:10,480 --> 00:54:12,800 trees were here there's a 1090 00:54:12,800 --> 00:54:17,219 few trees here everything else on this site was removed now 1091 00:54:17,219 --> 00:54:18,840 while I have this 1092 00:54:18,840 --> 00:54:23,309 this picture up I'm going to cover something that you may 1093 00:54:23,309 --> 00:54:24,960 hear later as 1094 00:54:24,960 --> 00:54:27,760 far as the public hearing when we were going through 1095 00:54:27,760 --> 00:54:29,119 meeting with some of our 1096 00:54:29,119 --> 00:54:33,760 stakeholders we were asked about about the possibility of 1097 00:54:33,760 --> 00:54:35,480 exempting roadways 1098 00:54:35,480 --> 00:54:41,280 and building pads and utility easements from the tree code 1099 00:54:41,280 --> 00:54:42,360 well if you can see 1100 00:54:42,360 --> 00:54:47,579 this this development here which is an NR6 development if 1101 00:54:47,579 --> 00:54:49,159 you exempt the 1102 00:54:49,159 --> 00:54:54,119 street the building pad the utilities what area are you 1103 00:54:54,119 --> 00:54:55,719 really not exempting 1104 00:54:55,719 --> 00:55:00,530 for to have to preserve trees on this site there is 1105 00:55:00,530 --> 00:55:04,280 virtually none okay so 1106 00:55:04,280 --> 00:55:11,000 project review when we set out to revise this tree code we 1107 00:55:11,000 --> 00:55:13,280 looked at we analyzed 1108 00:55:13,280 --> 00:55:17,639 the current code you know to get a full understanding of 1109 00:55:17,639 --> 00:55:19,639 the ramifications and 1110 00:55:19,639 --> 00:55:25,260 the challenges with enforcing the current code we looked at 1111 00:55:25,260 --> 00:55:26,079 best management 1112 00:55:26,079 --> 00:55:31,780 practices as set forth by the American National Standards 1113 00:55:31,780 --> 00:55:34,119 Institute ISA and 1114 00:55:34,119 --> 00:55:39,739 tree care of organization we looked at comparing to 1115 00:55:39,739 --> 00:55:43,440 benchmark cities not only in 1116 00:55:43,440 --> 00:55:47,710 the DFW metro area we felt that it was important to get 1117 00:55:47,710 --> 00:55:49,719 sample cities from the 1118 00:55:49,719 --> 00:55:53,510 major metro areas throughout the state because when Denton 1119 00:55:53,510 --> 00:55:54,639 is competing for 1120 00:55:54,639 --> 00:55:59,679 businesses and residents there's a lot I can't remember the 1121 00:55:59,679 --> 00:56:00,400 stat of the number 1122 00:56:00,400 --> 00:56:04,210 of people moving to Texas but there's there's a lot of 1123 00:56:04,210 --> 00:56:06,199 folks when businesses 1124 00:56:06,199 --> 00:56:09,349 are looking to move to Texas we're not just competing 1125 00:56:09,349 --> 00:56:11,239 against people in DFW or 1126 00:56:11,239 --> 00:56:15,300 the cities around us we're competing with with Austin area 1127 00:56:15,300 --> 00:56:16,599 with Houston area 1128 00:56:16,599 --> 00:56:19,699 with San Antonio so we felt it important to look at those 1129 00:56:19,699 --> 00:56:22,800 other metro areas also 1130 00:56:22,800 --> 00:56:28,079 we also had community input so this slide here is an 1131 00:56:28,079 --> 00:56:30,320 example we did a visual 1132 00:56:30,320 --> 00:56:34,880 preference survey and what we did was we actually went out 1133 00:56:34,880 --> 00:56:37,280 to the the three Kroger 1134 00:56:37,280 --> 00:56:40,690 stores in town which are geographically fairly spread out 1135 00:56:40,690 --> 00:56:43,840 and we posed you know 1136 00:56:43,840 --> 00:56:47,760 several pictures to to shoppers going in and out some 1137 00:56:47,760 --> 00:56:49,960 stopped some didn't but we 1138 00:56:49,960 --> 00:56:54,519 ended up with about 300 just over 300 respondents that day 1139 00:56:54,519 --> 00:56:55,599 from our visual 1140 00:56:55,599 --> 00:57:00,150 preference survey we also went to the rec centers and the 1141 00:57:00,150 --> 00:57:01,880 libraries so this is 1142 00:57:01,880 --> 00:57:06,110 just you know was our sample slide for what someone's 1143 00:57:06,110 --> 00:57:06,840 preference was on 1144 00:57:06,840 --> 00:57:11,650 residential development so Commissioner Dudowitz with due 1145 00:57:11,650 --> 00:57:12,760 respect yes I 1146 00:57:12,760 --> 00:57:15,679 understand and I would prefer to live on one of these 1147 00:57:15,679 --> 00:57:17,920 streets but I got to tell 1148 00:57:17,920 --> 00:57:21,739 you I would believe that slide B is a very new newly 1149 00:57:21,739 --> 00:57:23,840 planted residential area 1150 00:57:23,840 --> 00:57:29,139 while slide C is probably a much older developed area so 1151 00:57:29,139 --> 00:57:30,320 you're not really 1152 00:57:30,320 --> 00:57:34,420 comparing apples with apples in time frame but if I 1153 00:57:34,420 --> 00:57:35,599 understand you're 1154 00:57:35,599 --> 00:57:39,070 comparing where would you prefer to live correct okay but 1155 00:57:39,070 --> 00:57:40,000 it's gonna take time 1156 00:57:40,000 --> 00:57:45,690 for the this the plan B there site B to grow it into the 1157 00:57:45,690 --> 00:57:48,280 into number C well and 1158 00:57:48,280 --> 00:57:52,199 if you notice on number B there are no trees planted 1159 00:57:52,199 --> 00:57:53,820 between the curb and side 1160 00:57:53,820 --> 00:57:58,829 walk you have a few trees planted back behind the sidewalk 1161 00:57:58,829 --> 00:57:59,840 but not very many I 1162 00:57:59,840 --> 00:58:03,019 could understand too because as those trees mature they're 1163 00:58:03,019 --> 00:58:03,960 gonna go into the 1164 00:58:03,960 --> 00:58:08,260 curbs they're gonna break up concrete and they also would 1165 00:58:08,260 --> 00:58:09,360 in some cases I've 1166 00:58:09,360 --> 00:58:11,900 seen where they've gotten so large that they obstruct views 1167 00:58:11,900 --> 00:58:12,800 from driveways and 1168 00:58:12,800 --> 00:58:16,170 people pulling out and or at stop signs so I'm trying to 1169 00:58:16,170 --> 00:58:17,300 make sure that we 1170 00:58:17,300 --> 00:58:20,320 understand it I love aesthetics I love trees in fact I'm 1171 00:58:20,320 --> 00:58:21,199 trying to preserve a 1172 00:58:21,199 --> 00:58:24,239 very very hundred year old tree in my front yard right now 1173 00:58:24,239 --> 00:58:25,559 absolutely but 1174 00:58:25,559 --> 00:58:29,349 there are I want to make sure we just were very honest and 1175 00:58:29,349 --> 00:58:30,400 how we proceed 1176 00:58:30,400 --> 00:58:34,260 proceed in in showing things like this that may be misconst 1177 00:58:34,260 --> 00:58:35,039 rued that's all 1178 00:58:35,039 --> 00:58:38,030 absolutely if I can interject for a second the intent of 1179 00:58:38,030 --> 00:58:38,599 this visual 1180 00:58:38,599 --> 00:58:41,670 preference survey was basically to give options or 1181 00:58:41,670 --> 00:58:43,519 scenarios where you have this 1182 00:58:43,519 --> 00:58:47,230 darkness and you don't have a landscape buffer that would 1183 00:58:47,230 --> 00:58:48,599 accommodate those 1184 00:58:48,599 --> 00:58:52,829 trees in fact the trees the trees would be located it's it 1185 00:58:52,829 --> 00:58:54,559 's to show if you had 1186 00:58:54,559 --> 00:58:58,179 an opportunity out of this visual preference slide what 1187 00:58:58,179 --> 00:58:59,400 would be the most 1188 00:58:59,400 --> 00:59:02,639 attractive to you so the intent was to look at 1189 00:59:02,639 --> 00:59:04,360 opportunities because in some 1190 00:59:04,360 --> 00:59:09,579 instances some people may not want the trees such as C or a 1191 00:59:09,579 --> 00:59:11,559 they may prefer B 1192 00:59:11,559 --> 00:59:14,889 so what we were trying to explain and expose everybody we 1193 00:59:14,889 --> 00:59:16,079 didn't want to have 1194 00:59:16,079 --> 00:59:19,079 just a heavily treed site for example the intent of the 1195 00:59:19,079 --> 00:59:20,239 visual preference 1196 00:59:20,239 --> 00:59:23,440 survey was not to give any false impression either but was 1197 00:59:23,440 --> 00:59:23,960 to give a 1198 00:59:23,960 --> 00:59:26,659 plethora of examples of it could be this or it could be 1199 00:59:26,659 --> 00:59:28,000 this what do you like out 1200 00:59:28,000 --> 00:59:39,260 of this okay so we looked at for our proposed revisions as 1201 00:59:39,260 --> 00:59:39,880 I mentioned earlier 1202 00:59:39,880 --> 00:59:43,039 we're looking at aligning with industrial industry best 1203 00:59:43,039 --> 00:59:43,760 management 1204 00:59:43,760 --> 00:59:47,539 practice American National Standards Institute nationally 1205 00:59:47,539 --> 00:59:48,559 known organization 1206 00:59:48,559 --> 00:59:53,059 that sets standards for various organizations this is done 1207 00:59:53,059 --> 00:59:53,280 in 1208 00:59:53,280 --> 00:59:58,329 conjunctions with TCIA which is a tree care National Tree 1209 00:59:58,329 --> 01:00:00,199 Care Association and 1210 01:00:00,199 --> 01:00:03,809 you know they set four standards and best management 1211 01:00:03,809 --> 01:00:05,519 practices for tree care 1212 01:00:05,519 --> 01:00:09,079 this particular section here deals with managing trees 1213 01:00:09,079 --> 01:00:10,679 during construction so 1214 01:00:10,679 --> 01:00:15,630 our idea was to let these national standards guide our 1215 01:00:15,630 --> 01:00:17,440 decisions with how 1216 01:00:17,440 --> 01:00:21,719 we preserve and how we manage trees in the city of Denton 1217 01:00:21,719 --> 01:00:23,920 so we looked at 1218 01:00:23,920 --> 01:00:27,639 establishing or proposing to establish an exempt tree list 1219 01:00:27,639 --> 01:00:28,239 you might want to 1220 01:00:28,239 --> 01:00:31,369 say well why exempt some trees from the tree code right you 1221 01:00:31,369 --> 01:00:32,239 know aren't all 1222 01:00:32,239 --> 01:00:35,389 trees good they all provide benefits well they all provide 1223 01:00:35,389 --> 01:00:36,300 benefits but they're 1224 01:00:36,300 --> 01:00:39,769 not all desirable in a landscaping or in a landscape 1225 01:00:39,769 --> 01:00:42,480 business situation so this 1226 01:00:42,480 --> 01:00:45,949 is our mesquite tree that we have locally this is most of 1227 01:00:45,949 --> 01:00:47,119 the time you see 1228 01:00:47,119 --> 01:00:50,550 a mesquite listed on a property this is what you're looking 1229 01:00:50,550 --> 01:00:52,079 at this particular 1230 01:00:52,079 --> 01:00:56,579 tree believe it or not because it is a multi stem qualifies 1231 01:00:56,579 --> 01:00:59,119 as a as a large 1232 01:00:59,119 --> 01:01:01,760 secondary tree because it's over 18 inches when you do the 1233 01:01:01,760 --> 01:01:02,559 measurements and 1234 01:01:02,559 --> 01:01:07,179 you know how the industry standards looking at this as a 1235 01:01:07,179 --> 01:01:08,440 professional 1236 01:01:08,440 --> 01:01:12,760 urban forester this is really more of a large shrub versus 1237 01:01:12,760 --> 01:01:15,239 a tree so the other 1238 01:01:15,239 --> 01:01:18,119 reasons you know we're looking at mesquite if you can see 1239 01:01:18,119 --> 01:01:19,199 mesquite has 1240 01:01:19,199 --> 01:01:23,449 thorns if you have kids you know in a landscape situation 1241 01:01:23,449 --> 01:01:24,280 you don't want you 1242 01:01:24,280 --> 01:01:27,230 know your kids to have to deal with thorns kids like to 1243 01:01:27,230 --> 01:01:28,480 climb trees they get 1244 01:01:28,480 --> 01:01:32,559 into a climate of a tree a mesquite tree they will get 1245 01:01:32,559 --> 01:01:34,239 injured it just will 1246 01:01:34,239 --> 01:01:37,039 happen there were some other pictures when I was pulling 1247 01:01:37,039 --> 01:01:37,800 these off of people 1248 01:01:37,800 --> 01:01:40,320 that were injured but I didn't want to put anything up here 1249 01:01:40,320 --> 01:01:41,159 that would be you 1250 01:01:41,159 --> 01:01:45,360 know a little squeamish for some 1251 01:01:50,400 --> 01:01:55,679 so this is a example of a honey locust tree nice tree 1252 01:01:55,679 --> 01:01:58,079 otherwise but honey 1253 01:01:58,079 --> 01:02:03,369 locust has thorns also as you see this this example the th 1254 01:02:03,369 --> 01:02:04,380 orn is six inches 1255 01:02:04,380 --> 01:02:06,690 long and they're not just on the branches but they're on 1256 01:02:06,690 --> 01:02:08,480 the trunk of the tree so 1257 01:02:08,480 --> 01:02:12,590 these can be you know a safety issue if they are you know 1258 01:02:12,590 --> 01:02:13,599 present in a 1259 01:02:13,599 --> 01:02:18,420 landscaping situation so we felt that is important not to 1260 01:02:18,420 --> 01:02:19,400 preserve trees that 1261 01:02:19,400 --> 01:02:23,079 will cause issues for you know the eventual property owner 1262 01:02:23,079 --> 01:02:24,440 now this is a 1263 01:02:24,440 --> 01:02:27,719 tree of this is a picture of a Texas ash you want to say 1264 01:02:27,719 --> 01:02:29,079 Texas has a nice tree 1265 01:02:29,079 --> 01:02:34,920 you see us in fall color beautiful tree well just recently 1266 01:02:34,920 --> 01:02:36,320 there's been a bug 1267 01:02:36,320 --> 01:02:39,349 emerald ash borer that has been detected in Texas it was 1268 01:02:39,349 --> 01:02:40,480 only a matter of time 1269 01:02:40,480 --> 01:02:44,539 hasn't made it to Denton yet but it's just a matter of time 1270 01:02:44,539 --> 01:02:45,960 with the the the 1271 01:02:45,960 --> 01:02:49,789 highways that you know converge here in Denton I mean this 1272 01:02:49,789 --> 01:02:51,659 is less than 300 1273 01:02:51,659 --> 01:02:55,889 miles away at present time once the tree is known to have 1274 01:02:55,889 --> 01:02:57,920 emerald ash for the 1275 01:02:57,920 --> 01:03:01,440 trees fully infested and you know it's pretty much a goner 1276 01:03:01,440 --> 01:03:02,800 you know the only 1277 01:03:02,800 --> 01:03:07,239 option if we are trying to preserve ash would be to have a 1278 01:03:07,239 --> 01:03:08,559 guy like this it's 1279 01:03:08,559 --> 01:03:10,989 actually a friend of mine from when I worked in Milwaukee 1280 01:03:10,989 --> 01:03:12,119 because we actually 1281 01:03:12,119 --> 01:03:16,139 had a program for treating ash trees along city streets 1282 01:03:16,139 --> 01:03:17,239 because we had a 1283 01:03:17,239 --> 01:03:22,510 significant population of ash trees the goal there wasn't 1284 01:03:22,510 --> 01:03:23,679 to save the ash 1285 01:03:23,679 --> 01:03:28,219 indefinitely but more so to manage the removal of the ash 1286 01:03:28,219 --> 01:03:30,199 trees but this 1287 01:03:30,199 --> 01:03:33,960 particular injection last two to three years so it's not 1288 01:03:33,960 --> 01:03:35,199 just you inject it 1289 01:03:35,199 --> 01:03:38,119 once and the trees good for life it's a continual 1290 01:03:38,119 --> 01:03:39,880 maintenance issue 1291 01:03:39,880 --> 01:03:42,920 Commissioner Beck thank you chair so you're saying the ash 1292 01:03:42,920 --> 01:03:43,840 tree and I love 1293 01:03:43,840 --> 01:03:47,179 ash tree so I was kind of surprised to see them is are you 1294 01:03:47,179 --> 01:03:48,239 saying then that the 1295 01:03:48,239 --> 01:03:53,849 ash tree is susceptible to this bug then or is it that when 1296 01:03:53,849 --> 01:03:55,000 we bring in ash trees 1297 01:03:55,000 --> 01:04:01,719 ash trees we're gonna be careful with that they bring the 1298 01:04:01,719 --> 01:04:03,360 bug with them no the 1299 01:04:03,360 --> 01:04:06,199 bug travels okay started off I believe ground but they go 1300 01:04:06,199 --> 01:04:07,320 after the ash tree 1301 01:04:07,320 --> 01:04:11,239 yes they are very host specific as opposed to a post oak or 1302 01:04:11,239 --> 01:04:11,480 something 1303 01:04:11,480 --> 01:04:15,630 correct correct they started off in Michigan if I'm not 1304 01:04:15,630 --> 01:04:16,400 mistaken and they 1305 01:04:16,400 --> 01:04:20,420 spread from there it's taking it I want to say it's been 1306 01:04:20,420 --> 01:04:21,599 less than 10 years to 1307 01:04:21,599 --> 01:04:26,599 get to Texas sometimes it travels just naturally through 1308 01:04:26,599 --> 01:04:27,639 you know when through 1309 01:04:27,639 --> 01:04:30,639 books travel but a lot of times they travel with firewood 1310 01:04:30,639 --> 01:04:31,920 it even you know 1311 01:04:31,920 --> 01:04:34,690 skipped over you know the state of Kansas and there's em 1312 01:04:34,690 --> 01:04:35,639 erald ash borer in 1313 01:04:35,639 --> 01:04:39,710 Denver Colorado so you know it's definitely something that 1314 01:04:39,710 --> 01:04:40,199 we will have 1315 01:04:40,199 --> 01:04:44,280 to deal with but the reason for exempting it is because we 1316 01:04:44,280 --> 01:04:45,000 don't want to 1317 01:04:45,000 --> 01:04:48,400 preserve a tree in a landscape that's going to cause an 1318 01:04:48,400 --> 01:04:49,880 ongoing maintenance 1319 01:04:49,880 --> 01:04:53,059 for someone down the road or to have them to remove the 1320 01:04:53,059 --> 01:04:59,000 tree anyway so now 1321 01:04:59,000 --> 01:05:02,119 reduce the number of exemptions under the current code 1322 01:05:02,119 --> 01:05:03,519 there's about 13 1323 01:05:03,519 --> 01:05:06,920 exemptions we reduce that down to four exemptions there are 1324 01:05:06,920 --> 01:05:07,920 some exemptions 1325 01:05:07,920 --> 01:05:12,949 that you know really are common-sense exemptions if a tree 1326 01:05:12,949 --> 01:05:14,480 is dead you don't 1327 01:05:14,480 --> 01:05:18,539 need to get up you know it's not you know the tree code 1328 01:05:18,539 --> 01:05:20,159 doesn't apply yes 1329 01:05:20,159 --> 01:05:24,110 Commissioner Donovan's what about the bulldog tree and it's 1330 01:05:24,110 --> 01:05:25,639 thorns yeah I 1331 01:05:25,639 --> 01:05:27,920 just listed three I didn't want to go through okay make 1332 01:05:27,920 --> 01:05:28,920 sure you said the four 1333 01:05:28,920 --> 01:05:32,730 so that's the fourth one no no no no this is exemptions to 1334 01:05:32,730 --> 01:05:33,679 the tree code as 1335 01:05:33,679 --> 01:05:37,090 a whole to preservation yeah yeah I can't remember the 1336 01:05:37,090 --> 01:05:38,199 exact number there's 1337 01:05:38,199 --> 01:05:42,599 a copy of the draft list I believe in the backup that's 1338 01:05:42,599 --> 01:05:43,639 kind of buried down 1339 01:05:43,639 --> 01:05:50,360 it's like attachment 10 yes yes so and again that's just a 1340 01:05:50,360 --> 01:05:52,199 draft list it may 1341 01:05:52,199 --> 01:05:56,119 expand because I want to run that by you know Texas State 1342 01:05:56,119 --> 01:05:58,159 Forest Service just to 1343 01:05:58,159 --> 01:06:01,329 see if there's something that that they know to be invasive 1344 01:06:01,329 --> 01:06:02,280 which is another 1345 01:06:02,280 --> 01:06:04,920 reason to exempt trees that are invasive they tend to 1346 01:06:04,920 --> 01:06:05,960 destroy our natural 1347 01:06:05,960 --> 01:06:10,190 habitats but I want to make sure that that we cover things 1348 01:06:10,190 --> 01:06:11,000 that really we 1349 01:06:11,000 --> 01:06:14,920 shouldn't be preserving in a landscape situation but 1350 01:06:14,920 --> 01:06:16,280 looking at the number of 1351 01:06:16,280 --> 01:06:19,980 exemptions to the tree code as a whole we rent down from 13 1352 01:06:19,980 --> 01:06:21,519 to 4 you know I 1353 01:06:21,519 --> 01:06:24,389 say some of them you know common-sense exemptions that can 1354 01:06:24,389 --> 01:06:25,320 be left up to a 1355 01:06:25,320 --> 01:06:29,389 discretion of the city forester and handle you know during 1356 01:06:29,389 --> 01:06:30,199 the development 1357 01:06:30,199 --> 01:06:36,480 process so we look we're also recommending based on our 1358 01:06:36,480 --> 01:06:37,239 preservation 1359 01:06:37,239 --> 01:06:41,510 requirements on canopy versus DBH and you may ask stuff why 1360 01:06:41,510 --> 01:06:42,719 the switch from 1361 01:06:42,719 --> 01:06:46,079 canopy to DBH well when we look at the benefits that are 1362 01:06:46,079 --> 01:06:47,320 derived from trees 1363 01:06:47,320 --> 01:06:52,920 they're derived based on the canopy the DBH can be very 1364 01:06:52,920 --> 01:06:55,519 misleading as opposed to 1365 01:06:55,519 --> 01:07:00,400 in reference to the actual canopy of a tree it is possible 1366 01:07:00,400 --> 01:07:02,599 to have 18 inch tree 1367 01:07:02,599 --> 01:07:07,119 that has a larger canopy than a 24 or 25 inch tree so why 1368 01:07:07,119 --> 01:07:08,760 should we continue to 1369 01:07:08,760 --> 01:07:15,760 look at DBH to assess our trees industry-wide when benefits 1370 01:07:15,760 --> 01:07:16,599 are derived 1371 01:07:16,599 --> 01:07:23,289 it's always based on on canopy so when you look at DBH you 1372 01:07:23,289 --> 01:07:24,519 send someone out to 1373 01:07:24,519 --> 01:07:28,159 the site they have a detail to tape measure and they 1374 01:07:28,159 --> 01:07:29,119 measure the size of 1375 01:07:29,119 --> 01:07:31,820 each individual tree on the site now once you get good you 1376 01:07:31,820 --> 01:07:32,559 could kind of 1377 01:07:32,559 --> 01:07:36,280 eyeball it but even that can can be off you know you can be 1378 01:07:36,280 --> 01:07:37,599 off by an inch or so 1379 01:07:37,599 --> 01:07:43,199 one way or the other moving to canopy we'll be looking at a 1380 01:07:43,199 --> 01:07:44,360 situation similar 1381 01:07:44,360 --> 01:07:46,719 to what I'm showing here where we'd be looking at an area 1382 01:07:46,719 --> 01:07:47,519 photograph and 1383 01:07:47,519 --> 01:07:53,769 basically using a program like ArcView to calculate the 1384 01:07:53,769 --> 01:07:57,679 canopy inside the area 1385 01:07:57,679 --> 01:08:03,800 here along with actually verifying you know that your 1386 01:08:03,800 --> 01:08:04,920 aerial is accurate you 1387 01:08:04,920 --> 01:08:07,619 know you may make a site visit to the site just to verify 1388 01:08:07,619 --> 01:08:09,000 okay you know this 1389 01:08:09,000 --> 01:08:11,409 isn't a bunch of privet that I'm looking at that looks like 1390 01:08:11,409 --> 01:08:12,159 a tree you know you 1391 01:08:12,159 --> 01:08:16,529 just verify what's on site. Question for you on that. Yes. 1392 01:08:16,529 --> 01:08:17,000 Is that how 1393 01:08:17,000 --> 01:08:19,840 this is going to roll forward through more of this type of 1394 01:08:19,840 --> 01:08:20,880 an approach versus 1395 01:08:20,880 --> 01:08:23,729 what's been the traditional like a tree survey we're moving 1396 01:08:23,729 --> 01:08:24,399 away from tree 1397 01:08:24,399 --> 01:08:28,560 survey requirements and going to this? Correct. Correct. Is 1398 01:08:28,560 --> 01:08:29,680 there a standard 1399 01:08:29,680 --> 01:08:33,449 that we're going to use that this is the time frame or who 1400 01:08:33,449 --> 01:08:34,920 provides whether it's 1401 01:08:34,920 --> 01:08:37,149 Google Maps or whatever that we're going to do the survey 1402 01:08:37,149 --> 01:08:39,039 with? Yes. Yes in some 1403 01:08:39,039 --> 01:08:43,100 instances we may be able to provide city mapping data. Okay 1404 01:08:43,100 --> 01:08:44,760 . We are actually in the 1405 01:08:44,760 --> 01:08:49,399 process of completing an eye tree assessment eye tree eco- 1406 01:08:49,399 --> 01:08:50,000 assessment and 1407 01:08:50,000 --> 01:08:54,319 urban tree canopy analysis and if I'm not mistaken we'll 1408 01:08:54,319 --> 01:08:56,359 have data down to the 1409 01:08:56,359 --> 01:08:59,880 parcel to where we can look at a parcel and see what the 1410 01:08:59,880 --> 01:09:01,239 state of the canopy was 1411 01:09:01,239 --> 01:09:04,800 on that parcel at that particular time. Okay great. 1412 01:09:04,800 --> 01:09:08,039 Commissioner Hesman. Just not 1413 01:09:08,039 --> 01:09:10,319 for nothing I don't know if it makes sense but it makes 1414 01:09:10,319 --> 01:09:11,760 sense to me. I think 1415 01:09:11,760 --> 01:09:15,779 given the technology now it makes no sense that you don't 1416 01:09:15,779 --> 01:09:16,920 have access to a 1417 01:09:16,920 --> 01:09:20,289 drone that could then go up. I mean really you go on a site 1418 01:09:20,289 --> 01:09:21,119 you send it up 1419 01:09:21,119 --> 01:09:25,239 and it's it's super simple. I mean I don't drive them but I 1420 01:09:25,239 --> 01:09:25,920 know people to do 1421 01:09:25,920 --> 01:09:29,029 and it's it's very simple you take aerial photos so if I'm 1422 01:09:29,029 --> 01:09:29,760 there and I'm 1423 01:09:29,760 --> 01:09:32,720 meeting with a builder you send it up you snap a shot and 1424 01:09:32,720 --> 01:09:33,920 then you discuss it 1425 01:09:33,920 --> 01:09:37,159 straight away and it's in it's super accurate and they 1426 01:09:37,159 --> 01:09:38,039 think the technology 1427 01:09:38,039 --> 01:09:41,250 is just it's it supports that. I don't know I mean 1428 01:09:41,250 --> 01:09:42,960 obviously get back into a 1429 01:09:42,960 --> 01:09:46,560 big bad budget but I'm just saying for what it's worth a 1430 01:09:46,560 --> 01:09:47,760 note that makes no 1431 01:09:47,760 --> 01:09:49,920 sense that we shouldn't you know you send the drone up you 1432 01:09:49,920 --> 01:09:50,920 take a picture and 1433 01:09:50,920 --> 01:09:53,430 you go back and you have it and it's accurate and you're 1434 01:09:53,430 --> 01:09:54,439 not dependent on the 1435 01:09:54,439 --> 01:09:57,489 third party you're not arguing over something that is 1436 01:09:57,489 --> 01:09:58,720 static you know it's 1437 01:09:58,720 --> 01:10:01,720 like hey we can get past what's here and when it was here 1438 01:10:01,720 --> 01:10:02,880 let's just get on to 1439 01:10:02,880 --> 01:10:05,800 the particulars. We've actually explored that option yeah 1440 01:10:05,800 --> 01:10:06,600 but then it goes back 1441 01:10:06,600 --> 01:10:09,500 to ordinances and budget but it's a very valuable tool 1442 01:10:09,500 --> 01:10:10,560 especially in the 1443 01:10:10,560 --> 01:10:15,069 planning arena these days. Well our GIS personnel in 1444 01:10:15,069 --> 01:10:16,439 planning attended a 1445 01:10:16,439 --> 01:10:19,829 conference a GIS conference in San Diego recently and one 1446 01:10:19,829 --> 01:10:20,960 of the things that he 1447 01:10:20,960 --> 01:10:25,079 shared with us when he came back was the drone technology 1448 01:10:25,079 --> 01:10:26,399 used to do aerial 1449 01:10:26,399 --> 01:10:30,319 you know aerial surveillance and you know ArcGIS has the 1450 01:10:30,319 --> 01:10:31,760 tools built in to do 1451 01:10:31,760 --> 01:10:35,600 you know to measure the tree canopy or to you know actually 1452 01:10:35,600 --> 01:10:36,439 input that data 1453 01:10:36,439 --> 01:10:41,260 so the technology is there you know I'm sure if there aren 1454 01:10:41,260 --> 01:10:42,239 't local companies 1455 01:10:42,239 --> 01:10:44,850 that are already you know on board with that I'm sure there 1456 01:10:44,850 --> 01:10:45,479 'll be local 1457 01:10:45,479 --> 01:10:49,960 companies coming on board with that technology. 1458 01:10:50,359 --> 01:10:53,359 Commissioner Beck. Thank you chair just quick question that 1459 01:10:53,359 --> 01:10:54,880 if within say a 1460 01:10:54,880 --> 01:10:58,960 cluster like this we have a lot of ash trees or those other 1461 01:10:58,960 --> 01:11:00,279 intrusive type 1462 01:11:00,279 --> 01:11:04,119 trees what do we do then do we go in and remove them 1463 01:11:04,119 --> 01:11:05,279 because we don't want them 1464 01:11:05,279 --> 01:11:08,960 to be a liability to us and in doing that does that reduce 1465 01:11:08,960 --> 01:11:11,199 that canopy? Well 1466 01:11:11,199 --> 01:11:16,260 to look at the species composition of an area like this now 1467 01:11:16,260 --> 01:11:17,520 what you would do is 1468 01:11:17,520 --> 01:11:19,649 you would have you know someone to you know when you're 1469 01:11:19,649 --> 01:11:20,439 doing their site 1470 01:11:20,439 --> 01:11:23,890 verification they can look at the species composition and 1471 01:11:23,890 --> 01:11:24,840 give an estimate 1472 01:11:24,840 --> 01:11:27,640 on you know the percentages of species based on you know 1473 01:11:27,640 --> 01:11:28,880 what they're actually 1474 01:11:28,880 --> 01:11:33,520 seeing in the field. Okay and that kind of tags on to what 1475 01:11:33,520 --> 01:11:35,560 I wanted to ask too and we've 1476 01:11:35,560 --> 01:11:39,079 got this list here of trees we're going to exempt do we 1477 01:11:39,079 --> 01:11:40,760 have a list of trees 1478 01:11:40,760 --> 01:11:44,470 that we prefer like the post oak some of those or something 1479 01:11:44,470 --> 01:11:45,680 like that so we have a 1480 01:11:45,680 --> 01:11:47,819 specific list for that yes and these will be 1481 01:11:47,819 --> 01:11:49,600 recommendations to the developers. 1482 01:11:49,600 --> 01:11:56,520 Correct. Okay good thank you. Okay so we also looked at 1483 01:11:56,520 --> 01:11:58,560 establishing a standard 1484 01:11:58,560 --> 01:12:02,050 preservation amount of 30% per development. Under the 1485 01:12:02,050 --> 01:12:03,760 current code the 1486 01:12:03,760 --> 01:12:07,680 preservation percent ranges from 0 to 25% there's a lot of 1487 01:12:07,680 --> 01:12:09,000 variations that 1488 01:12:09,000 --> 01:12:12,539 contributes to that 39 different options for preservation 1489 01:12:12,539 --> 01:12:14,399 under the current code. 1490 01:12:14,399 --> 01:12:21,159 We're looking at doing a standard rate of 30% and that rate 1491 01:12:21,159 --> 01:12:21,800 was derived 1492 01:12:21,800 --> 01:12:30,239 basically in line with the recommendations of the Texas A&M 1493 01:12:30,239 --> 01:12:30,640 Forest 1494 01:12:30,640 --> 01:12:34,460 Service for this region so it's not just a number that you 1495 01:12:34,460 --> 01:12:35,840 know we thought looked 1496 01:12:35,840 --> 01:12:39,489 good it's actually based in what the recommendation of our 1497 01:12:39,489 --> 01:12:40,680 state forestry 1498 01:12:40,680 --> 01:12:48,840 agency is. So we're proposing to establish a flat 1499 01:12:48,840 --> 01:12:50,439 mitigation ratio of 1 1500 01:12:50,439 --> 01:12:56,170 to 4. Under the current code you know mitigation can be 1501 01:12:56,170 --> 01:12:59,000 from 0 to 1 to 2 so you 1502 01:12:59,000 --> 01:13:02,319 may say well why 1 to 4? Okay keep in mind we're going from 1503 01:13:02,319 --> 01:13:03,680 canopy we're 1504 01:13:03,680 --> 01:13:08,930 going from deviation to canopy so essentially we look at 1505 01:13:08,930 --> 01:13:11,060 mitigation of the 1506 01:13:11,060 --> 01:13:15,960 canopy we look at the canopy down of the canopy for say one 1507 01:13:15,960 --> 01:13:18,100 large tree would be 1508 01:13:18,100 --> 01:13:23,039 mitigated through the planting of four large canopy trees. 1509 01:13:23,039 --> 01:13:24,239 Well you say well why 1510 01:13:24,239 --> 01:13:26,920 not just a one-to-one to replace it one-to-one because I've 1511 01:13:26,920 --> 01:13:27,680 heard that you 1512 01:13:27,680 --> 01:13:34,920 know that question. Well to replace one for one you know 1513 01:13:34,920 --> 01:13:35,619 you're looking at the 1514 01:13:35,619 --> 01:13:40,289 time that it takes for that newly planted tree to reach its 1515 01:13:40,289 --> 01:13:41,159 full size. 1516 01:13:41,159 --> 01:13:46,600 You know under our current code we give a value of 1,256 1517 01:13:46,600 --> 01:13:47,880 square feet to the 1518 01:13:47,880 --> 01:13:53,489 canopy of a large tree. So by replacing it with four trees 1519 01:13:53,489 --> 01:13:54,840 just say example if 1520 01:13:54,840 --> 01:13:58,859 our large of the canopy we're replacing or the large tree 1521 01:13:58,859 --> 01:14:03,359 if it takes 40 years for 1522 01:14:03,359 --> 01:14:08,779 this one tree to reach that 1,256 that's 40 years where we 1523 01:14:08,779 --> 01:14:09,800 are waiting to 1524 01:14:09,800 --> 01:14:14,079 replace what was lost because of development. By having 1525 01:14:14,079 --> 01:14:15,560 this as a 4 to 4 1526 01:14:15,560 --> 01:14:19,409 ratio we're basically replacing our canopy on the fourth of 1527 01:14:19,409 --> 01:14:20,439 the time that it 1528 01:14:20,439 --> 01:14:23,800 would take based on the species you know that is planted of 1529 01:14:23,800 --> 01:14:25,800 course. So that was 1530 01:14:25,800 --> 01:14:30,479 part of the rationale for you know the 1 to 4 ratio. 1531 01:14:30,479 --> 01:14:37,119 Commissioner Taylor. So if I 1532 01:14:37,119 --> 01:14:40,529 understand what you're saying if there is for an example 1533 01:14:40,529 --> 01:14:42,439 example a live oak on a 1534 01:14:42,439 --> 01:14:46,380 property it's a large canopy tree it's established 40 or 50 1535 01:14:46,380 --> 01:14:47,600 years old has a has 1536 01:14:47,600 --> 01:14:52,069 a very large canopy 50 or 60 foot radius. I could remove 1537 01:14:52,069 --> 01:14:54,079 that tree and then I 1538 01:14:54,079 --> 01:14:59,890 could plant four two-inch live oaks and because that two- 1539 01:14:59,890 --> 01:15:00,920 inch live oak is a 1540 01:15:00,920 --> 01:15:08,399 large canopy tree the those 50 square feet of canopy now 1541 01:15:08,399 --> 01:15:10,399 can replace the 1542 01:15:10,399 --> 01:15:15,000 thousand square feet of canopy of the established live oak. 1543 01:15:15,000 --> 01:15:16,119 That's that's what 1544 01:15:16,119 --> 01:15:18,649 we're looking at we're not looking at the immediate 1545 01:15:18,649 --> 01:15:20,119 replacement of what was 1546 01:15:20,119 --> 01:15:24,479 lost because that would really be you know almost impract 1547 01:15:24,479 --> 01:15:26,039 ical really just 1548 01:15:26,039 --> 01:15:30,180 given space constraints on a given site and you know the 1549 01:15:30,180 --> 01:15:31,520 number of trees you 1550 01:15:31,520 --> 01:15:36,060 would need to accomplish that. Also keep in mind that we 1551 01:15:36,060 --> 01:15:37,600 mitigate for trees when 1552 01:15:37,600 --> 01:15:41,739 preservation requirements cannot be met so these are trees 1553 01:15:41,739 --> 01:15:42,960 that fall into that 1554 01:15:42,960 --> 01:15:49,800 area that that need to be mitigated based on the code. So 1555 01:15:49,800 --> 01:15:52,000 if I so if 1556 01:15:52,000 --> 01:15:57,020 expanding this example it's a lot with a variety of species 1557 01:15:57,020 --> 01:15:58,840 on it say it's 50% 1558 01:15:58,840 --> 01:16:03,880 coverage I can get to 30% I can remove 20% for free 1559 01:16:03,880 --> 01:16:06,159 basically right because I 1560 01:16:06,159 --> 01:16:09,760 think I can go from a 50% canopy cover to 30% canopy cover 1561 01:16:09,760 --> 01:16:12,399 without was it would 1562 01:16:12,399 --> 01:16:17,270 be 30% of the existing canopy cover oh so of the property 1563 01:16:17,270 --> 01:16:18,760 itself oh so I so you 1564 01:16:18,760 --> 01:16:21,460 can just you can just remove 70% of all trees on the 1565 01:16:21,460 --> 01:16:22,840 property correct before you 1566 01:16:22,840 --> 01:16:27,119 begin to mitigate correct can you selectively pick which 1567 01:16:27,119 --> 01:16:28,239 species you remove 1568 01:16:28,239 --> 01:16:36,079 without mitigation? I'm not sure your question there well 1569 01:16:36,079 --> 01:16:38,399 so we're we're we're 1570 01:16:38,399 --> 01:16:41,350 well not not the exemplist but large canopy versus smaller 1571 01:16:41,350 --> 01:16:42,279 canopy you know I 1572 01:16:42,279 --> 01:16:44,760 know that large canopy trees or something like that 1573 01:16:44,760 --> 01:16:49,600 chinkapin and schumard and live oak and a handful of oaks 1574 01:16:49,600 --> 01:16:51,600 will have that thousand 1575 01:16:51,600 --> 01:16:54,050 plus square foot canopy there are a lot of trees that 1576 01:16:54,050 --> 01:16:55,239 probably end up with about 1577 01:16:55,239 --> 01:17:00,520 a 600 square foot canopy so and there will be there will 1578 01:17:00,520 --> 01:17:01,439 just generally be a 1579 01:17:01,439 --> 01:17:07,100 smaller tree if can I selectively cut down the 70% that I 1580 01:17:07,100 --> 01:17:07,800 think will be the 1581 01:17:07,800 --> 01:17:12,449 hardest for me to mitigate and then choose to mitigate the 1582 01:17:12,449 --> 01:17:13,680 other ones I cut 1583 01:17:13,680 --> 01:17:18,079 down with so I can cut down a bunch of kind of medium sized 1584 01:17:18,079 --> 01:17:19,079 trees and replace 1585 01:17:19,079 --> 01:17:23,800 them with a single two-inch schumard you can you can select 1586 01:17:23,800 --> 01:17:25,319 which ones you you 1587 01:17:25,319 --> 01:17:29,180 you remove but keep in mind we're looking at the canopy as 1588 01:17:29,180 --> 01:17:30,520 a whole not the 1589 01:17:30,520 --> 01:17:33,189 individual size of the tree or the the individuals we're 1590 01:17:33,189 --> 01:17:34,319 looking at canopy as 1591 01:17:34,319 --> 01:17:43,920 as a whole okay all right so all right thank you so I think 1592 01:17:43,920 --> 01:17:44,359 we're gonna stop 1593 01:17:44,359 --> 01:17:47,979 yeah I know we have food and we got ten minutes and I think 1594 01:17:47,979 --> 01:17:49,640 we're gonna have a I 1595 01:17:49,640 --> 01:17:52,000 don't know what kind of turnout we may already have this 1596 01:17:52,000 --> 01:17:53,359 evening I'd like to 1597 01:17:53,359 --> 01:17:55,909 ask the Commission do you all want to stop and get food you 1598 01:17:55,909 --> 01:17:56,680 want to go through 1599 01:17:56,680 --> 01:17:59,439 and see where we end up this evening and come back to eat 1600 01:17:59,439 --> 01:18:00,960 afterwards what's the 1601 01:18:00,960 --> 01:18:07,039 what's the Commission's pleasure we have the opportunity to 1602 01:18:07,039 --> 01:18:07,960 ask these questions in 1603 01:18:07,960 --> 01:18:15,119 public hearing okay I have a few more things to phase in on 1604 01:18:15,119 --> 01:18:15,640 this slide and 1605 01:18:15,640 --> 01:18:22,300 then I have one more slide sure I'm sorry I've been 1606 01:18:22,300 --> 01:18:25,199 watching the 13 or 14 1607 01:18:25,199 --> 01:18:27,100 at the tip thinking I go well okay we're gonna go the next 1608 01:18:27,100 --> 01:18:28,159 one I'm like yeah how 1609 01:18:28,159 --> 01:18:33,789 many 13 or 14s are there so let's take a call for a break 1610 01:18:33,789 --> 01:18:35,479 here at 620 let's try 1611 01:18:35,479 --> 01:18:37,390 to grab some food right quick and try to finish our 1612 01:18:37,390 --> 01:18:38,600 presentation before we got to 1613 01:18:38,600 --> 01:18:42,829 go in if we need a few minutes run a little light we just 1614 01:18:42,829 --> 01:18:43,479 have to 1615 01:18:46,800 --> 01:18:52,060 but call us back in to order at 627 and we're gonna go on 1616 01:18:52,060 --> 01:18:54,560 and I'm gonna just go 1617 01:18:54,560 --> 01:18:57,029 ahead for right now just for the Commission's approval I 1618 01:18:57,029 --> 01:18:57,720 guess a couple 1619 01:18:57,720 --> 01:19:01,180 things may want to send somebody into the council chambers 1620 01:19:01,180 --> 01:19:02,159 just let me know 1621 01:19:02,159 --> 01:19:04,060 we're gonna be running a few minutes light here at work 1622 01:19:04,060 --> 01:19:04,840 session so they've 1623 01:19:04,840 --> 01:19:09,890 got a heads up you think you need another 15 minutes if 1624 01:19:09,890 --> 01:19:11,159 that not even got 1625 01:19:11,159 --> 01:19:14,659 even that only very little bit left just depends on 1626 01:19:14,659 --> 01:19:17,640 questions but maybe say we 1627 01:19:17,640 --> 01:19:20,239 may need a we may need a restroom break between here and 1628 01:19:20,239 --> 01:19:21,880 there's maybe 645 we'll 1629 01:19:21,880 --> 01:19:26,279 start some one will let the folks in council there's also 1630 01:19:26,279 --> 01:19:27,520 just so the rest of 1631 01:19:27,520 --> 01:19:31,439 Commission knows there's a number of items on this 1632 01:19:31,439 --> 01:19:32,760 ordinance that are 1633 01:19:32,760 --> 01:19:36,220 apparently not quite ready to go some some definitions some 1634 01:19:36,220 --> 01:19:37,239 legal things and 1635 01:19:37,239 --> 01:19:40,020 some other things to need to be worked out so tonight I 1636 01:19:40,020 --> 01:19:41,279 want to just throw out 1637 01:19:41,279 --> 01:19:44,640 if it's the Commission's pleasure for us to continue this 1638 01:19:44,640 --> 01:19:45,920 item rather than trying 1639 01:19:45,920 --> 01:19:49,340 to work through and solve all of these issues out here in 1640 01:19:49,340 --> 01:19:50,880 our public so I'll 1641 01:19:50,880 --> 01:19:53,579 throw that out and then also want to throw out if that's 1642 01:19:53,579 --> 01:19:54,920 the direction that 1643 01:19:54,920 --> 01:20:00,170 council I mean Commission wants to to go we would probably 1644 01:20:00,170 --> 01:20:01,159 want to go ahead and 1645 01:20:01,159 --> 01:20:05,569 do a suspension of our rules because our rules state that 1646 01:20:05,569 --> 01:20:06,840 if we open a public 1647 01:20:06,840 --> 01:20:11,199 hearing and someone comes to speak we want to ask for 1648 01:20:11,199 --> 01:20:13,279 public input about our 1649 01:20:13,279 --> 01:20:17,090 ordinance this evening when it comes back when it gets 1650 01:20:17,090 --> 01:20:18,479 revised and some of 1651 01:20:18,479 --> 01:20:22,239 these issues get taken care of that they under our rules 1652 01:20:22,239 --> 01:20:23,760 cannot speak again on 1653 01:20:23,760 --> 01:20:27,590 that item so I would like to throw out as an option for our 1654 01:20:27,590 --> 01:20:28,439 Commission to 1655 01:20:28,439 --> 01:20:32,739 suspend the rules to gain public input tonight from all the 1656 01:20:32,739 --> 01:20:34,039 stakeholders so 1657 01:20:34,039 --> 01:20:37,079 that when this date these items do get resolved and 1658 01:20:37,079 --> 01:20:38,760 finished up that everyone 1659 01:20:38,760 --> 01:20:42,210 who is interested in this has the opportunity to come back 1660 01:20:42,210 --> 01:20:43,439 to us to speak 1661 01:20:43,439 --> 01:20:46,579 again on what the final ordinance is going to be with these 1662 01:20:46,579 --> 01:20:47,560 items cleaned up 1663 01:20:47,560 --> 01:20:50,220 so just want to throw that out for you for everybody to 1664 01:20:50,220 --> 01:20:51,359 think about as we're 1665 01:20:51,359 --> 01:20:54,850 wrapping up work session and before we start here and in 1666 01:20:54,850 --> 01:20:57,439 our public meeting so 1667 01:20:57,439 --> 01:21:01,420 you have a question Commissioner but always we need to make 1668 01:21:01,420 --> 01:21:04,279 a motion we will 1669 01:21:04,279 --> 01:21:06,840 when we get into our public hearing and obviously we make 1670 01:21:06,840 --> 01:21:07,760 an emotion whether 1671 01:21:07,760 --> 01:21:10,380 we're going to continue the item ahead of time and all of 1672 01:21:10,380 --> 01:21:11,279 those things so I 1673 01:21:11,279 --> 01:21:14,039 want to just be prior to the public hearings that's why I 1674 01:21:14,039 --> 01:21:14,960 wanted to bring it 1675 01:21:14,960 --> 01:21:17,319 up here as we're wrapping up work session as we've gone a 1676 01:21:17,319 --> 01:21:18,079 little bit long 1677 01:21:18,079 --> 01:21:21,479 and ran out of time too I didn't want to run out time 1678 01:21:21,479 --> 01:21:22,760 without throwing this out 1679 01:21:22,760 --> 01:21:25,579 to you all to have some opportunity to consider it before 1680 01:21:25,579 --> 01:21:26,359 we go in for our 1681 01:21:26,359 --> 01:21:29,359 public meeting so anybody else have a comment or question 1682 01:21:29,359 --> 01:21:30,399 on on those couple 1683 01:21:30,399 --> 01:21:35,880 housekeeping items for me when we go in to start our public 1684 01:21:35,880 --> 01:21:36,720 meeting again if 1685 01:21:36,720 --> 01:21:40,039 that's what the conditions I was going to suggest that 1686 01:21:40,039 --> 01:21:41,479 anyway okay and I'm glad 1687 01:21:41,479 --> 01:21:48,680 you brought it up because there is a lot of changes okay so 1688 01:21:48,680 --> 01:21:49,600 we'll think about 1689 01:21:49,600 --> 01:21:53,439 that and we'll have some motions when we get back into our 1690 01:21:53,439 --> 01:21:54,439 public meeting so 1691 01:21:54,439 --> 01:21:57,270 with that thank you for letting us do a little housekeeping 1692 01:21:57,270 --> 01:21:58,119 here and please 1693 01:21:58,119 --> 01:22:03,119 continue with the presentation okay so moving on to the 1694 01:22:03,119 --> 01:22:05,520 next bullet here we 1695 01:22:05,520 --> 01:22:08,949 revised the calculation for the tree fund pavement moving 1696 01:22:08,949 --> 01:22:10,460 from diameter inches 1697 01:22:10,460 --> 01:22:15,520 to canopy necessitated this revision so what I have here is 1698 01:22:15,520 --> 01:22:16,460 just a very very 1699 01:22:16,460 --> 01:22:21,479 basic example when preservation when preserving on a site 1700 01:22:21,479 --> 01:22:23,520 so let's say our 1701 01:22:23,520 --> 01:22:30,279 site has a canopy of 1,000 square feet and our preservation 1702 01:22:30,279 --> 01:22:31,520 requirements is 30% 1703 01:22:31,520 --> 01:22:34,520 of that so 300 square feet is what we're required to 1704 01:22:34,520 --> 01:22:35,960 preserve based on the code 1705 01:22:35,960 --> 01:22:40,560 but we're also allowing to dip below that up to 50% of that 1706 01:22:40,560 --> 01:22:41,880 300 may be 1707 01:22:41,880 --> 01:22:45,899 removed and mitigated through replanting of new trees or 1708 01:22:45,899 --> 01:22:47,279 payment into the city's 1709 01:22:47,279 --> 01:22:52,579 tree fund now this mitigation would be for the 150 square 1710 01:22:52,579 --> 01:22:55,439 feet of trees in the 1711 01:22:55,439 --> 01:22:59,500 example of planting new trees that's where our one to four 1712 01:22:59,500 --> 01:23:00,680 ratio will come 1713 01:23:00,680 --> 01:23:05,520 into play so what we would be looking at is as you know 1714 01:23:05,520 --> 01:23:06,399 mitigating through 1715 01:23:06,399 --> 01:23:13,079 planting of 600 square feet of canopy so notice even with 1716 01:23:13,079 --> 01:23:14,760 that you know 600 1717 01:23:14,760 --> 01:23:17,880 square feet of canopy plus the 150 left we're still less 1718 01:23:17,880 --> 01:23:19,079 than the initial tree 1719 01:23:19,079 --> 01:23:24,000 canopy on the site so you know 600 plus 150 that's 750 so 1720 01:23:24,000 --> 01:23:25,399 we're still at a net 1721 01:23:25,399 --> 01:23:29,489 loss of canopy on this you know post development versus pre 1722 01:23:29,489 --> 01:23:31,220 -development okay 1723 01:23:31,220 --> 01:23:35,279 so to calculate our tree fund payment what you would 1724 01:23:35,279 --> 01:23:36,399 basically stop you there 1725 01:23:36,399 --> 01:23:39,920 and ask question now that's just in regards to development 1726 01:23:39,920 --> 01:23:40,640 does that include 1727 01:23:40,640 --> 01:23:44,869 when you come back in to plant landscape type trees street 1728 01:23:44,869 --> 01:23:45,840 trees any of those 1729 01:23:45,840 --> 01:23:49,449 extra trees that are planted on the site in addition to 1730 01:23:49,449 --> 01:23:50,800 that or not that's my 1731 01:23:50,800 --> 01:23:57,720 next bullet but so far to calculate the tree fund payment 1732 01:23:57,720 --> 01:23:58,640 what we're proposing 1733 01:23:58,640 --> 01:24:00,979 you know once you figure out the amount of canopy that you 1734 01:24:00,979 --> 01:24:02,000 're mitigating in this 1735 01:24:02,000 --> 01:24:06,920 example it's 150 square feet of canopy we would times that 1736 01:24:06,920 --> 01:24:08,960 by $450 per square 1737 01:24:08,960 --> 01:24:11,770 feet will you say how do we come up with that $450 per 1738 01:24:11,770 --> 01:24:13,680 square feet I'm using this 1739 01:24:13,680 --> 01:24:19,680 $4.50 per square foot of canopy. 1740 01:24:19,680 --> 01:24:21,680 Quit eating there for a second. 1741 01:24:21,680 --> 01:24:23,680 [Laughter] 1742 01:24:23,680 --> 01:24:29,800 Let me state that again for the record $4.50 per square 1743 01:24:29,800 --> 01:24:31,199 foot of canopy. 1744 01:24:31,199 --> 01:24:36,350 This number will be based on what the structural value of 1745 01:24:36,350 --> 01:24:38,119 the urban canopy is 1746 01:24:38,119 --> 01:24:42,609 in the city of Denton. We are currently conducting an urban 1747 01:24:42,609 --> 01:24:43,319 tree canopy 1748 01:24:43,319 --> 01:24:48,039 assessment and an i-tree eco-assessment. These studies that 1749 01:24:48,039 --> 01:24:48,479 we're currently 1750 01:24:48,479 --> 01:24:53,630 undertaking will give us what the structural value of the 1751 01:24:53,630 --> 01:24:54,800 trees are for 1752 01:24:54,800 --> 01:24:58,199 the city of Denton. Once we know the value of the trees as 1753 01:24:58,199 --> 01:24:59,359 a whole I can 1754 01:24:59,359 --> 01:25:04,960 calculate what a square foot of canopy in Denton cost. This 1755 01:25:04,960 --> 01:25:06,560 number is really 1756 01:25:06,560 --> 01:25:11,239 close to what a square foot of canopy is worth in Arlington 1757 01:25:11,239 --> 01:25:12,359 Texas. They did that 1758 01:25:12,359 --> 01:25:17,640 study several years ago. Yes so I'm fairly confident that 1759 01:25:17,640 --> 01:25:18,439 you know our 1760 01:25:18,439 --> 01:25:22,199 numbers will come in somewhere around this number. So to 1761 01:25:22,199 --> 01:25:23,800 calculate what your 1762 01:25:23,800 --> 01:25:27,529 tree fund payment would be just simply multiplying the 1763 01:25:27,529 --> 01:25:28,760 amount of canopy that 1764 01:25:28,760 --> 01:25:33,039 you're mitigating times that $4.50. 1765 01:25:33,039 --> 01:25:35,039 Commissioner Dudowitz. 1766 01:25:35,039 --> 01:25:38,399 I have just one series of questions here. Is anybody else 1767 01:25:38,399 --> 01:25:41,119 using this barometer or this index? 1768 01:25:41,119 --> 01:25:48,359 What you put up here? You gave us a benchmark city list. I 1769 01:25:48,359 --> 01:25:49,640 asked back in 1770 01:25:49,640 --> 01:25:53,420 December to add Lewisville Flower Mound but again the 1771 01:25:53,420 --> 01:25:55,560 question is who's doing 1772 01:25:55,560 --> 01:26:00,979 this right now? I've seen a various things mainly diameter 1773 01:26:00,979 --> 01:26:01,520 inches or 1774 01:26:01,520 --> 01:26:07,350 flat rates even. I haven't seen this particular method but 1775 01:26:07,350 --> 01:26:08,600 the idea is to go 1776 01:26:08,600 --> 01:26:12,159 to canopy because that's where we derive our benefits from. 1777 01:26:12,159 --> 01:26:12,720 Any of these 1778 01:26:12,720 --> 01:26:15,880 benchmark cities or any cities around us using canopy? 1779 01:26:15,880 --> 01:26:17,880 Using canopy for 1780 01:26:17,880 --> 01:26:22,319 preservation? Yes. South Lakes uses canopy for preservation 1781 01:26:22,319 --> 01:26:24,159 . At some point in time 1782 01:26:24,159 --> 01:26:27,039 down I'd like to be able to see what each of these cities 1783 01:26:27,039 --> 01:26:27,880 are using. 1784 01:26:27,880 --> 01:26:33,039 You use them as benchmarks. Okay. Here's the cities but I 1785 01:26:33,039 --> 01:26:33,319 want to know 1786 01:26:33,319 --> 01:26:35,760 specifically what each of those cities are and I would like 1787 01:26:35,760 --> 01:26:36,600 to add something 1788 01:26:36,600 --> 01:26:42,359 closer to us. Okay. I mean the Kennedy is but I asked back 1789 01:26:42,359 --> 01:26:43,520 in December to look at 1790 01:26:43,520 --> 01:26:50,159 Lewisville Flower Mound is more closer to you know our area 1791 01:26:50,159 --> 01:26:50,680 here to the 1792 01:26:50,680 --> 01:27:00,520 south. Okay. So the other proposal what we're proposing 1793 01:27:00,520 --> 01:27:01,479 with this revision is 1794 01:27:01,479 --> 01:27:05,859 that to allow for preserved and mitigated trees to count 1795 01:27:05,859 --> 01:27:06,840 towards the 1796 01:27:06,840 --> 01:27:11,069 landscaping requirement. Under the current code only trees 1797 01:27:11,069 --> 01:27:11,680 preserved 1798 01:27:11,680 --> 01:27:15,359 beyond the minimum can count towards the landscape canopy 1799 01:27:15,359 --> 01:27:16,560 requirements for 1800 01:27:16,560 --> 01:27:21,279 development. Mitigation trees are above and beyond required 1801 01:27:21,279 --> 01:27:22,560 landscape trees 1802 01:27:22,560 --> 01:27:27,100 under the current code. So what we're proposing is let's 1803 01:27:27,100 --> 01:27:28,840 just say this example 1804 01:27:28,840 --> 01:27:33,239 of a retail commercial establishment. Let's just say these 1805 01:27:33,239 --> 01:27:33,840 were you know 1806 01:27:33,840 --> 01:27:36,130 preserved trees. Well they count towards the canopy 1807 01:27:36,130 --> 01:27:37,119 requirement for this 1808 01:27:37,119 --> 01:27:41,880 development. Every one of these trees that are required for 1809 01:27:41,880 --> 01:27:42,439 parking lot 1810 01:27:42,439 --> 01:27:46,890 or for street trees count towards what your required 1811 01:27:46,890 --> 01:27:49,079 mitigation is. Under the 1812 01:27:49,079 --> 01:27:53,000 current code that does not exist. In addition if you are 1813 01:27:53,000 --> 01:27:54,520 preserving trees 1814 01:27:54,520 --> 01:27:57,810 that are larger than 18 inches you're getting double the 1815 01:27:57,810 --> 01:27:58,640 credit for the 1816 01:27:58,640 --> 01:28:02,939 canopy. That's a 200% increase of what is currently under 1817 01:28:02,939 --> 01:28:05,159 our existing code. You 1818 01:28:05,159 --> 01:28:09,489 get a for trees that are less than 18 inches it's a one-to- 1819 01:28:09,489 --> 01:28:11,239 one credit. So you're 1820 01:28:11,239 --> 01:28:14,560 getting the actual credit of what you preserve towards your 1821 01:28:14,560 --> 01:28:15,239 new canopy 1822 01:28:15,239 --> 01:28:19,600 requirements. Question if we have on the other extreme that 1823 01:28:19,600 --> 01:28:20,520 if you take out one 1824 01:28:20,520 --> 01:28:24,239 you have to plant four and the goal is to preserve why 1825 01:28:24,239 --> 01:28:25,880 would we not at least 1826 01:28:25,880 --> 01:28:31,310 match that or even increase it to encourage someone to 1827 01:28:31,310 --> 01:28:32,680 preserve the 1828 01:28:32,680 --> 01:28:35,829 existing canopy versus if you take it out you got plant 1829 01:28:35,829 --> 01:28:36,960 four but if you save 1830 01:28:36,960 --> 01:28:40,340 it you only get twice the credit. Well the goal of having 1831 01:28:40,340 --> 01:28:41,880 the one to four again 1832 01:28:41,880 --> 01:28:45,590 is to reduce the amount of time that it takes to replace 1833 01:28:45,590 --> 01:28:46,840 the canopy. If 1834 01:28:46,840 --> 01:28:49,770 we're looking at you know given at the end of the day you 1835 01:28:49,770 --> 01:28:51,000 get four times the 1836 01:28:51,000 --> 01:28:54,569 canopy. Yes I understand it takes time but at the end of 1837 01:28:54,569 --> 01:28:55,239 the day you end up with 1838 01:28:55,239 --> 01:28:58,420 four times the canopy doing that. Of the percentage that 1839 01:28:58,420 --> 01:28:59,680 you mitigate remember 1840 01:28:59,680 --> 01:29:03,140 70% of the trees that are removed on the site you can 1841 01:29:03,140 --> 01:29:04,279 remove without any 1842 01:29:04,279 --> 01:29:09,100 mitigation whatsoever. So you've already taken out 70% of 1843 01:29:09,100 --> 01:29:09,800 the canopy so 1844 01:29:09,800 --> 01:29:13,130 it's true that of that mitigation amount you know we're 1845 01:29:13,130 --> 01:29:15,520 replacing more canopy 1846 01:29:15,520 --> 01:29:22,529 but it's not going to exceed what was originally on the 1847 01:29:22,529 --> 01:29:25,880 site and you know 1848 01:29:25,880 --> 01:29:29,939 looking at you know the the credit for incentives for 1849 01:29:29,939 --> 01:29:32,439 preserving trees if we 1850 01:29:32,439 --> 01:29:35,720 raise that number too high we're going to have you know 1851 01:29:35,720 --> 01:29:36,600 hard time actually 1852 01:29:36,600 --> 01:29:39,659 having the canopy that we desire in our city in our 1853 01:29:39,659 --> 01:29:42,119 developments. So if I give 1854 01:29:42,119 --> 01:29:46,850 you know four times the credit for a preserved 18 inch or 1855 01:29:46,850 --> 01:29:49,000 larger tree it's 1856 01:29:49,000 --> 01:29:56,279 you know it's not I see your comparison but you know you're 1857 01:29:56,279 --> 01:29:56,640 actually 1858 01:29:56,640 --> 01:30:01,260 missing out on a lot of canopy on the site. Well I guess it 1859 01:30:01,260 --> 01:30:02,520 would just be a 1860 01:30:02,520 --> 01:30:06,180 philosophical difference is if you can take out the 70% and 1861 01:30:06,180 --> 01:30:07,359 then you're stuck 1862 01:30:07,359 --> 01:30:11,380 you're with the 30 then that's the part we ought to be 1863 01:30:11,380 --> 01:30:13,000 talking about not if you 1864 01:30:13,000 --> 01:30:15,560 can take out the 70 then we're going to come back and say 1865 01:30:15,560 --> 01:30:16,520 well even though you 1866 01:30:16,520 --> 01:30:21,520 can take it out technically that's per our code we still 1867 01:30:21,520 --> 01:30:22,520 are trying to get back 1868 01:30:22,520 --> 01:30:24,869 to what originally was there even though you can take out 1869 01:30:24,869 --> 01:30:25,920 the 70 if that makes 1870 01:30:25,920 --> 01:30:30,750 sense it's kind of a backwards in my mind of going well if 1871 01:30:30,750 --> 01:30:31,479 you can take it 1872 01:30:31,479 --> 01:30:35,239 out you can take it out I understand philosophically where 1873 01:30:35,239 --> 01:30:35,720 you come up with 1874 01:30:35,720 --> 01:30:39,960 we're short canopy but if we can take it out the 30% that 1875 01:30:39,960 --> 01:30:41,159 you're left that's 1876 01:30:41,159 --> 01:30:44,920 where I think the canopy then discussion is on trying to 1877 01:30:44,920 --> 01:30:46,960 preserve and encourage 1878 01:30:46,960 --> 01:30:49,670 that if that's if that's what we're trying to go. Well no 1879 01:30:49,670 --> 01:30:50,840 the goal is not to 1880 01:30:50,840 --> 01:30:55,489 try to replace the initial canopy on the site the goal is 1881 01:30:55,489 --> 01:30:57,199 to mitigate for the 1882 01:30:57,199 --> 01:31:02,619 canopy that you did not preserve of that 30% so the idea of 1883 01:31:02,619 --> 01:31:04,279 the one to four again 1884 01:31:04,279 --> 01:31:08,600 is to reduce the amount of time it takes to replace that 1885 01:31:08,600 --> 01:31:10,880 specified 15% of the 1886 01:31:10,880 --> 01:31:14,520 canopy that you're mitigating for. 1887 01:31:15,520 --> 01:31:22,319 Yeah 50% of the 30 so yeah which is 15% of the of the. Yeah 1888 01:31:22,319 --> 01:31:23,000 but that's kind of 1889 01:31:23,000 --> 01:31:25,300 where I'm coming from is in your example you said well we 1890 01:31:25,300 --> 01:31:26,680 have a thousand 1891 01:31:26,680 --> 01:31:31,500 square feet of trees and you can take 70% of that so we're 1892 01:31:31,500 --> 01:31:33,479 then with 300 and 1893 01:31:33,479 --> 01:31:35,600 in your example you went back to say even when you do all 1894 01:31:35,600 --> 01:31:36,319 this you end up 1895 01:31:36,319 --> 01:31:39,920 back with 750 you're still short of the overall canopy 1896 01:31:39,920 --> 01:31:41,399 right and that's my point 1897 01:31:41,399 --> 01:31:46,079 is if you can take out the 70 then you can take out the 70 1898 01:31:46,079 --> 01:31:46,960 and you're you're 1899 01:31:46,960 --> 01:31:50,000 then left with your 30% that's the part we are talking 1900 01:31:50,000 --> 01:31:50,640 about rather than how do 1901 01:31:50,640 --> 01:31:55,359 we get back to the part that you can take out if I'm making 1902 01:31:55,359 --> 01:31:56,039 sense on where 1903 01:31:56,039 --> 01:31:58,920 I'm going with that. I understand what you're saying and 1904 01:31:58,920 --> 01:32:00,479 keep in mind that you 1905 01:32:00,479 --> 01:32:04,420 know looking at this site and looking at that urban forest 1906 01:32:04,420 --> 01:32:05,000 ry you know a little 1907 01:32:05,000 --> 01:32:09,409 more holistically one of the the key components to having a 1908 01:32:09,409 --> 01:32:10,520 healthy and a 1909 01:32:10,520 --> 01:32:14,800 vibrant urban forestry is species diversity and age 1910 01:32:14,800 --> 01:32:16,800 diversity so you want 1911 01:32:16,800 --> 01:32:20,930 to have a variation of age of trees on your site so by the 1912 01:32:20,930 --> 01:32:22,119 time some of these 1913 01:32:22,119 --> 01:32:25,890 trees that you're mitigating from are reaching their their 1914 01:32:25,890 --> 01:32:27,039 full maturity some 1915 01:32:27,039 --> 01:32:30,430 of those trees that you preserved initially may be petering 1916 01:32:30,430 --> 01:32:30,920 out and 1917 01:32:30,920 --> 01:32:34,119 actually being removed some from the site so it's twofold 1918 01:32:34,119 --> 01:32:35,479 is to have that 1919 01:32:35,479 --> 01:32:38,529 that species diversity and that age diversity on the site 1920 01:32:38,529 --> 01:32:39,560 more importantly 1921 01:32:39,560 --> 01:32:43,250 the age diversity so that we don't you know have a site to 1922 01:32:43,250 --> 01:32:44,960 where you know 30 40 1923 01:32:44,960 --> 01:32:47,210 50 years from now whenever the trees the end of the 1924 01:32:47,210 --> 01:32:49,039 lifespan you don't have an 1925 01:32:49,039 --> 01:32:51,939 entire site or entire neighborhood that has all the same 1926 01:32:51,939 --> 01:32:53,119 age trees and they're 1927 01:32:53,119 --> 01:32:57,720 dying out at the same time which also increases you know 1928 01:32:57,720 --> 01:32:58,479 the maintenance 1929 01:32:58,479 --> 01:33:04,619 costs for that individual property. Okay thank you. So in 1930 01:33:04,619 --> 01:33:06,840 summary you know what 1931 01:33:06,840 --> 01:33:10,989 we did we analyzed the existing code we conducted benchmark 1932 01:33:10,989 --> 01:33:12,920 city analysis we 1933 01:33:12,920 --> 01:33:16,789 reviewed industry best management practices and we solic 1934 01:33:16,789 --> 01:33:17,840 ited stakeholders 1935 01:33:17,840 --> 01:33:23,000 for community input. Now when we looked at you know rev 1936 01:33:23,000 --> 01:33:24,960 ising the code you know 1937 01:33:24,960 --> 01:33:29,789 our intent was not simply to copy other ordinances but to 1938 01:33:29,789 --> 01:33:31,399 use what other cities 1939 01:33:31,399 --> 01:33:35,420 were doing to craft an ordinance that works for the city of 1940 01:33:35,420 --> 01:33:36,640 Denton which is in 1941 01:33:36,640 --> 01:33:41,199 keeping with city leaders vision. 1942 01:33:46,760 --> 01:33:54,630 Any other questions? Commissioner Hertzberg. No question 1943 01:33:54,630 --> 01:33:55,439 real quick just a 1944 01:33:55,439 --> 01:34:03,670 suggestion I think what you do is very enlightening I would 1945 01:34:03,670 --> 01:34:06,199 be 100% behind 1946 01:34:06,199 --> 01:34:10,630 an area maybe in one of these new develops developing in an 1947 01:34:10,630 --> 01:34:11,720 area where you 1948 01:34:11,720 --> 01:34:15,060 can take people to then get a day in the life right so here 1949 01:34:15,060 --> 01:34:15,960 's this here's a 1950 01:34:15,960 --> 01:34:20,409 cluster of these different kind of trees this does that so 1951 01:34:20,409 --> 01:34:21,800 it so even if I'm a 1952 01:34:21,800 --> 01:34:25,560 citizen or I have a kids group whatever we can become 1953 01:34:25,560 --> 01:34:27,359 educated on hey here's the 1954 01:34:27,359 --> 01:34:29,859 trees here's what I'm talking about we can go to this one 1955 01:34:29,859 --> 01:34:30,840 central area and get 1956 01:34:30,840 --> 01:34:34,520 a day in the life of an urban forester type thing and just 1957 01:34:34,520 --> 01:34:35,760 get a snapshot of 1958 01:34:35,760 --> 01:34:38,359 those different things so I just think it would be helpful 1959 01:34:38,359 --> 01:34:39,000 for me you know 1960 01:34:39,000 --> 01:34:41,869 we're having this conversation to go to a one acre lot and 1961 01:34:41,869 --> 01:34:43,000 walk around and kick 1962 01:34:43,000 --> 01:34:47,020 the tires and then come back and know have a good good 1963 01:34:47,020 --> 01:34:48,720 hands-on experience 1964 01:34:48,720 --> 01:34:51,939 with that so down the road for what it's worth but I think 1965 01:34:51,939 --> 01:34:54,680 that would be useful 1966 01:34:54,680 --> 01:34:58,920 for me personally. Commissioner Beck and we're going to try 1967 01:34:58,920 --> 01:35:00,439 to wrap up and get on 1968 01:35:00,439 --> 01:35:03,069 in what we'll have lots more time for more questions. Thank 1969 01:35:03,069 --> 01:35:03,640 You Chair just 1970 01:35:03,640 --> 01:35:06,340 clarification what we're fixing to do here we're moving 1971 01:35:06,340 --> 01:35:07,960 this agenda item into 1972 01:35:07,960 --> 01:35:10,520 the future so any real concerns we have here now can be 1973 01:35:10,520 --> 01:35:11,800 addressed in the future 1974 01:35:11,800 --> 01:35:16,039 too. That's going to be up to the Commission to put forth 1975 01:35:16,039 --> 01:35:16,720 that motion 1976 01:35:16,720 --> 01:35:20,710 that's right if that motion passes then that's I think that 1977 01:35:20,710 --> 01:35:21,520 's the appropriate 1978 01:35:21,520 --> 01:35:24,359 thing to do I can't speak for the Commission but I'm gonna 1979 01:35:24,359 --> 01:35:24,760 throw it out I 1980 01:35:24,760 --> 01:35:27,039 think that's appropriate thing to do based on where we are 1981 01:35:27,039 --> 01:35:27,840 in the ordinance 1982 01:35:27,840 --> 01:35:35,399 as of right now tonight. Okay thank you. So at 6 45 I'm 1983 01:35:35,399 --> 01:35:36,279 going to close our work 1984 01:35:36,279 --> 01:35:40,770 session and we will reconvene in council work in council 1985 01:35:40,770 --> 01:35:41,760 chambers as soon as 1986 01:35:41,760 --> 01:35:48,420 possible. Good evening and welcome to the City of Denton 1987 01:35:48,420 --> 01:35:49,199 Planning and Zoning 1988 01:35:49,199 --> 01:35:53,880 Commission meeting it is 6 55 and I apologize for running 1989 01:35:53,880 --> 01:35:54,920 late we had a long 1990 01:35:54,920 --> 01:35:58,779 work session this meeting has been duly posted and we have 1991 01:35:58,779 --> 01:35:59,720 a quorum present and 1992 01:35:59,720 --> 01:36:01,810 I'm going to call our meeting to order at this time the 1993 01:36:01,810 --> 01:36:03,319 first item that we have 1994 01:36:03,319 --> 01:36:07,649 is to stand and give the pledge to the US and the Texas 1995 01:36:07,649 --> 01:36:08,119 flag. 1996 01:36:24,920 --> 01:36:31,239 The Texas flag pledge allegiance to thee Texas one state 1997 01:36:31,239 --> 01:36:36,119 under God one indivisible. 1998 01:36:44,000 --> 01:36:47,380 The next item on our agenda this evening will be to have a 1999 01:36:47,380 --> 01:36:51,279 motion for our minutes 2000 01:36:51,279 --> 01:36:57,510 of our July 13th meeting. Chair would entertain a motion. 2001 01:36:57,510 --> 01:36:58,600 Commissioner Rizel. 2002 01:36:58,600 --> 01:37:02,670 I motion to approve the minutes. Commissioner Dudowitz. I 2003 01:37:02,670 --> 01:37:03,359 second the 2004 01:37:03,359 --> 01:37:08,640 motion. Okay we have a first and a second any discussion? 2005 01:37:08,640 --> 01:37:10,880 Seeing none we'll call 2006 01:37:10,880 --> 01:37:13,680 for a vote on the board. 2007 01:37:22,279 --> 01:37:28,159 Motion carries 6 to 0. We'll move us to our public hearings 2008 01:37:28,159 --> 01:37:31,479 section of our 2009 01:37:31,479 --> 01:37:36,760 meeting this evening. The first item that was on our agenda 2010 01:37:36,760 --> 01:37:39,439 tonight fr 16 - 0 0 1 2011 01:37:39,439 --> 01:37:39,439 0 has been withdrawn so we will now move to our second 2012 01:37:39,439 --> 01:37:45,239 public hearing and I've 2013 01:37:45,239 --> 01:37:45,239 got a couple announcements before we open this meeting or 2014 01:37:45,239 --> 01:37:50,520 public hearing I 2015 01:37:50,520 --> 01:37:54,020 should say. During our work session there's a number of 2016 01:37:54,020 --> 01:37:55,000 items that we've 2017 01:37:55,000 --> 01:37:58,420 discovered in our ordinance that we are going to need to 2018 01:37:58,420 --> 01:37:59,800 address before we can 2019 01:37:59,800 --> 01:38:05,340 move it forward for a vote. So at this time the chair is 2020 01:38:05,340 --> 01:38:06,479 going to look for a 2021 01:38:06,479 --> 01:38:10,979 motion for a continuance and the second announcement I want 2022 01:38:10,979 --> 01:38:12,760 to make in regards 2023 01:38:12,760 --> 01:38:18,100 to that is the standard protocol of the city is once you 2024 01:38:18,100 --> 01:38:20,079 come up to speak in a 2025 01:38:20,079 --> 01:38:23,569 public hearing you have one opportunity and only to do that 2026 01:38:23,569 --> 01:38:24,920 . So we're also going 2027 01:38:24,920 --> 01:38:27,430 to be looking for a motion to suspend our rules because 2028 01:38:27,430 --> 01:38:28,439 this is an important 2029 01:38:28,439 --> 01:38:31,289 item and we are interested in all of the stakeholders 2030 01:38:31,289 --> 01:38:32,640 having an opportunity to 2031 01:38:32,640 --> 01:38:36,250 not only give us additional feedback and input tonight but 2032 01:38:36,250 --> 01:38:37,359 as we work on this 2033 01:38:37,359 --> 01:38:40,449 ordinance probably at least one or two more work sessions 2034 01:38:40,449 --> 01:38:41,199 we're going to invite 2035 01:38:41,199 --> 01:38:44,350 you all to come and continue to participate in that but we 2036 01:38:44,350 --> 01:38:45,119 want to make 2037 01:38:45,119 --> 01:38:47,649 sure that all of our residents and all of our stakeholders 2038 01:38:47,649 --> 01:38:48,640 have an opportunity 2039 01:38:48,640 --> 01:38:53,090 as we revise and get this ordinance in a fashion to move 2040 01:38:53,090 --> 01:38:54,840 forward to City Council 2041 01:38:54,840 --> 01:38:58,069 that you have the opportunity to come back as a second 2042 01:38:58,069 --> 01:38:59,479 opportunity to speak 2043 01:38:59,479 --> 01:39:02,789 again on the final draft of the ordinance. So I want to 2044 01:39:02,789 --> 01:39:03,359 make that 2045 01:39:03,359 --> 01:39:05,409 announcement to everyone here this evening and for those 2046 01:39:05,409 --> 01:39:06,399 that are watching 2047 01:39:06,399 --> 01:39:09,439 those will be the two things that we will look for a motion 2048 01:39:09,439 --> 01:39:10,119 on here in a 2049 01:39:10,119 --> 01:39:13,229 minute and then we will open the public hearing and invite 2050 01:39:13,229 --> 01:39:14,399 anyone that wants to 2051 01:39:14,399 --> 01:39:19,159 come down to speak. So at this time the chair will look for 2052 01:39:19,159 --> 01:39:20,199 a motion for 2053 01:39:20,199 --> 01:39:23,909 continuance. Do we do those as two separate a separate 2054 01:39:23,909 --> 01:39:24,720 motion for each of 2055 01:39:24,720 --> 01:39:28,279 those items? Commissioner Beck. I move that we issue 2056 01:39:28,279 --> 01:39:30,640 continuance on agenda item 2057 01:39:30,640 --> 01:39:35,479 DCA 16001C. Okay and a clarification from the chair I 2058 01:39:35,479 --> 01:39:37,560 should have stated in my 2059 01:39:37,560 --> 01:39:41,010 announcement I think it's appropriate probably at this time 2060 01:39:41,010 --> 01:39:42,239 based on where we 2061 01:39:42,239 --> 01:39:44,909 are that we do it indefinitely rather than a date certain 2062 01:39:44,909 --> 01:39:46,000 because we don't 2063 01:39:46,000 --> 01:39:51,529 have how much time it's gonna take to get this revised so 2064 01:39:51,529 --> 01:39:52,800 would you entertain 2065 01:39:52,800 --> 01:39:56,880 that as a friendly amendment to your motion? I do. Okay. 2066 01:39:56,880 --> 01:39:58,159 Commissioner Dudowitz. 2067 01:39:58,159 --> 01:40:03,840 I second the motion as amended. Okay. I have a first and a 2068 01:40:03,840 --> 01:40:04,920 second to continue 2069 01:40:04,920 --> 01:40:08,970 this item indefinitely. Any discussion or comment at this 2070 01:40:08,970 --> 01:40:12,079 time? Seeing none 2071 01:40:12,079 --> 01:40:15,239 I'll call for a vote on the board. 2072 01:40:26,479 --> 01:40:31,729 Motion carries six to zero. Commissioner Dudowitz. I now 2073 01:40:31,729 --> 01:40:33,520 move that we suspend the 2074 01:40:33,520 --> 01:40:39,130 rules to allow citizens secondary and multiple options to 2075 01:40:39,130 --> 01:40:40,520 to speak on behalf 2076 01:40:40,520 --> 01:40:45,939 the continuance on this particular item when it comes back. 2077 01:40:45,939 --> 01:40:46,079 Okay. 2078 01:40:55,920 --> 01:40:57,300 Got a recommendation from staff that we clarify in this 2079 01:40:57,300 --> 01:41:00,600 motion that you would 2080 01:41:00,600 --> 01:41:03,789 have since we're spending the rules tonight it would be up 2081 01:41:03,789 --> 01:41:05,159 for two times so 2082 01:41:05,159 --> 01:41:07,359 that would have an opportunity to speak tonight and when 2083 01:41:07,359 --> 01:41:08,159 this comes back for 2084 01:41:08,159 --> 01:41:10,979 public hearing we'd have a second opportunity to speak 2085 01:41:10,979 --> 01:41:11,880 rather than it's 2086 01:41:11,880 --> 01:41:17,300 open-ended. Question. Chair. What happens if it continues 2087 01:41:17,300 --> 01:41:18,920 beyond that? We can 2088 01:41:18,920 --> 01:41:21,680 always suspend the rules if necessary again but since we're 2089 01:41:21,680 --> 01:41:22,279 looking for 2090 01:41:22,279 --> 01:41:25,239 hopefully maybe we're being optimistic that we can do this 2091 01:41:25,239 --> 01:41:26,199 and come back once 2092 01:41:26,199 --> 01:41:29,560 what we'll stick with two times for tonight if you're okay 2093 01:41:29,560 --> 01:41:30,680 with that. Yes I am. 2094 01:41:30,680 --> 01:41:35,989 Okay. Commissioner Hutsmith. Second. Okay. We have a first 2095 01:41:35,989 --> 01:41:37,119 and a second to suspend 2096 01:41:37,119 --> 01:41:41,350 our rules for this particular agenda item to speak a total 2097 01:41:41,350 --> 01:41:42,239 of two times 2098 01:41:42,239 --> 01:41:45,960 tonight and at a date in the future when this comes back. 2099 01:41:45,960 --> 01:41:47,760 Any discussion or 2100 01:41:47,760 --> 01:41:53,350 comment further comment on this item? We will keep a... 2101 01:41:53,350 --> 01:41:54,720 Commissioner Dudowitz. We'll keep a 2102 01:41:54,720 --> 01:41:58,829 list of then who's eligible for a second. I'm sure staff 2103 01:41:58,829 --> 01:42:00,800 will do that yes. 2104 01:42:01,239 --> 01:42:06,060 Seeing no further discussion on this this motion I'll call 2105 01:42:06,060 --> 01:42:06,640 for a vote on the 2106 01:42:06,640 --> 01:42:08,640 board. 2107 01:42:15,960 --> 01:42:22,409 Motion carries six to zero. Okay. I hope everybody got that 2108 01:42:22,409 --> 01:42:23,439 if we have a question 2109 01:42:23,439 --> 01:42:28,119 we'll come back. Now at this time I'm going to open our 2110 01:42:28,119 --> 01:42:30,159 public hearing for our 2111 01:42:30,159 --> 01:42:40,079 item B DCA 16-0001 and I've got... 2112 01:42:42,680 --> 01:42:45,449 I'm gonna call on staff to go ahead and make the 2113 01:42:45,449 --> 01:42:48,600 presentation for all to view 2114 01:42:48,600 --> 01:42:52,369 and then we will begin to we've got a number of cards here 2115 01:42:52,369 --> 01:42:53,479 to go through this 2116 01:42:53,479 --> 01:43:01,159 evening. Thank you Haywood. Just for the benefit of those 2117 01:43:01,159 --> 01:43:02,279 at home who may have 2118 01:43:02,279 --> 01:43:05,029 not been tuned in earlier my name is Haywood Morgan. I'm 2119 01:43:05,029 --> 01:43:05,920 the urban forester 2120 01:43:05,920 --> 01:43:10,359 for the city of Denton. I have approximately 18 years 2121 01:43:10,359 --> 01:43:12,079 experience primarily 2122 01:43:12,079 --> 01:43:17,439 working for municipalities. Prior to coming to Denton my 2123 01:43:17,439 --> 01:43:17,600 two 2124 01:43:17,600 --> 01:43:21,520 stops had me actually working with field operations 2125 01:43:21,520 --> 01:43:23,399 directly where I was 2126 01:43:23,399 --> 01:43:26,359 responsible or responsible in part with some of my 2127 01:43:26,359 --> 01:43:28,199 colleagues for managing trees 2128 01:43:28,199 --> 01:43:34,779 along streets in parks along boulevards and parkways. So 2129 01:43:34,779 --> 01:43:37,479 tonight we're here to 2130 01:43:37,479 --> 01:43:40,840 hold a public hearing to consider making a recommendation 2131 01:43:40,840 --> 01:43:41,800 to City Council 2132 01:43:41,800 --> 01:43:44,970 regarding the adoption of an ordinance to the city of Dent 2133 01:43:44,970 --> 01:43:46,640 on Texas amending 2134 01:43:46,640 --> 01:43:53,439 subchapter 35.3 procedures subchapter 35.13 site design 2135 01:43:53,439 --> 01:43:55,640 standards and subchapter 2136 01:43:55,640 --> 01:44:00,279 35.23 definitions and terms of the Denton development code 2137 01:44:00,279 --> 01:44:02,159 as relates to true 2138 01:44:02,159 --> 01:44:06,550 preservation and landscape requirements. So what is the 2139 01:44:06,550 --> 01:44:08,000 tree code when we talk 2140 01:44:08,000 --> 01:44:11,069 about the tree code? The tree code deals with the 2141 01:44:11,069 --> 01:44:13,399 preservation of existing trees 2142 01:44:13,399 --> 01:44:17,319 and mitigation of trees removed when preservation goals 2143 01:44:17,319 --> 01:44:18,880 cannot be met. It 2144 01:44:18,880 --> 01:44:24,029 applies to the city limits and not in the ETJ. So why do we 2145 01:44:24,029 --> 01:44:26,159 preserve trees? Well we 2146 01:44:26,159 --> 01:44:28,949 know that there are environmental benefits that are 2147 01:44:28,949 --> 01:44:30,199 associated with trees. 2148 01:44:30,199 --> 01:44:35,350 Soil quality is improved, wildlife habitat, the beauty, 2149 01:44:35,350 --> 01:44:36,760 local climate 2150 01:44:36,760 --> 01:44:40,739 modifications, air quality, carbon sequestration, they help 2151 01:44:40,739 --> 01:44:41,640 to stop erosion, 2152 01:44:41,640 --> 01:44:46,960 reduce flooding, and filter water pollution and and abate 2153 01:44:46,960 --> 01:44:48,960 noise. There are 2154 01:44:48,960 --> 01:44:53,090 also a number of health benefits that are associated with 2155 01:44:53,090 --> 01:44:54,800 trees such as boost 2156 01:44:54,800 --> 01:44:58,479 immune systems, lowering blood pressure, reducing stress, 2157 01:44:58,479 --> 01:45:00,479 improving mood, speeding 2158 01:45:00,479 --> 01:45:04,399 recovery after surgeries, increasing energy levels, and 2159 01:45:04,399 --> 01:45:05,520 improving sleep. 2160 01:45:05,520 --> 01:45:09,289 There's a recent study that shows that ten additional trees 2161 01:45:09,289 --> 01:45:10,319 planted along a 2162 01:45:10,319 --> 01:45:14,250 city block makes residents healthier by the same amount of 2163 01:45:14,250 --> 01:45:16,439 raising their income 2164 01:45:16,439 --> 01:45:21,960 $10,000 per year per household. That same study found that 2165 01:45:21,960 --> 01:45:23,199 that addition of ten 2166 01:45:23,199 --> 01:45:30,479 trees per city block decreased cardio metabolic conditions 2167 01:45:30,479 --> 01:45:31,640 in a way 2168 01:45:31,640 --> 01:45:35,460 comparable to increasing the annual income, personal income 2169 01:45:35,460 --> 01:45:38,720 , by $20,000. 2170 01:45:40,319 --> 01:45:43,890 So we also look at economic viability. You see this is one 2171 01:45:43,890 --> 01:45:44,880 of our local 2172 01:45:44,880 --> 01:45:48,739 establishments. It's a hotel that was developed and they 2173 01:45:48,739 --> 01:45:49,840 were able to, as you 2174 01:45:49,840 --> 01:45:52,979 see here, they were able to successfully preserve some 2175 01:45:52,979 --> 01:45:54,479 groupings of mature trees 2176 01:45:54,479 --> 01:45:59,159 on this site and have their development goals reached. It's 2177 01:45:59,159 --> 01:46:00,520 hard to see on this 2178 01:46:00,520 --> 01:46:02,859 picture but there's a sign at this corner that this is one 2179 01:46:02,859 --> 01:46:03,399 of Ditten's 2180 01:46:03,399 --> 01:46:10,760 best of 2016. Let me back up one second here. When you talk 2181 01:46:10,760 --> 01:46:12,039 about economic 2182 01:46:12,039 --> 01:46:16,210 viability, it's been proven that the trees can help reduce 2183 01:46:16,210 --> 01:46:17,119 heating and AC 2184 01:46:17,119 --> 01:46:24,000 costs by up to 40% for properties. Shoppers are willing to 2185 01:46:24,000 --> 01:46:24,960 pay up to 12% 2186 01:46:24,960 --> 01:46:29,399 more for goods and services and shopping areas that have 2187 01:46:29,399 --> 01:46:30,800 trees and mature trees 2188 01:46:30,800 --> 01:46:35,029 on their site. In fact, they even rate products higher in 2189 01:46:35,029 --> 01:46:35,760 those shopping 2190 01:46:35,760 --> 01:46:39,550 centers that have mature trees present on their site versus 2191 01:46:39,550 --> 01:46:40,520 sites that are 2192 01:46:40,520 --> 01:46:48,060 devoid of trees. Home values have also been shown to be 40, 2193 01:46:48,060 --> 01:46:49,600 excuse me, 4 to 15% 2194 01:46:49,600 --> 01:46:53,840 higher in neighborhoods that have mature trees versus 2195 01:46:53,840 --> 01:46:55,119 neighborhoods that do not 2196 01:46:55,119 --> 01:46:58,359 have mature trees. It is very true that there is no 2197 01:46:58,359 --> 01:47:00,520 assessment when the bank 2198 01:47:00,520 --> 01:47:03,380 sends out an appraiser to look at a house and to appraise a 2199 01:47:03,380 --> 01:47:04,239 house for your 2200 01:47:04,239 --> 01:47:09,279 home mortgage. But what the studies are looking at is the 2201 01:47:09,279 --> 01:47:09,880 individual's 2202 01:47:09,880 --> 01:47:13,619 desire to live in that neighborhood based on the presence 2203 01:47:13,619 --> 01:47:15,560 of mature trees. So 2204 01:47:15,560 --> 01:47:19,239 they're willing to spend more because of the mature trees. 2205 01:47:19,239 --> 01:47:20,119 So when you have a 2206 01:47:20,119 --> 01:47:23,920 neighborhood that has mature trees, the home values because 2207 01:47:23,920 --> 01:47:24,880 someone is willing 2208 01:47:24,880 --> 01:47:27,909 to pay more tend to be higher than those neighborhoods that 2209 01:47:27,909 --> 01:47:28,960 are devoid of trees. 2210 01:47:28,960 --> 01:47:32,250 You know it's often said that a house or anything for that 2211 01:47:32,250 --> 01:47:33,479 matter is worth what 2212 01:47:33,479 --> 01:47:35,970 someone is willing to pay for it. Well studies have shown 2213 01:47:35,970 --> 01:47:36,640 that people are 2214 01:47:36,640 --> 01:47:40,739 willing to pay more when there are mature trees in our 2215 01:47:40,739 --> 01:47:42,319 neighborhoods. 2216 01:47:43,439 --> 01:47:49,479 Okay, public demand. The Denton Tree Code came about 2217 01:47:49,479 --> 01:47:51,479 because of public demand going 2218 01:47:51,479 --> 01:47:55,710 back to 2003 with the development or redevelopment, should 2219 01:47:55,710 --> 01:47:56,800 I say, of the Flow 2220 01:47:56,800 --> 01:47:59,630 Hospital site. There were a number of large mature oak 2221 01:47:59,630 --> 01:48:01,279 trees on the site that 2222 01:48:01,279 --> 01:48:06,119 were removed with this development that spurred the public 2223 01:48:06,119 --> 01:48:07,239 demand to have a 2224 01:48:07,239 --> 01:48:11,329 tree code. The article that I have pictured here, the 2225 01:48:11,329 --> 01:48:12,500 caption and the 2226 01:48:12,500 --> 01:48:16,579 picture, is actually from just last Friday's Denton Record 2227 01:48:16,579 --> 01:48:18,560 Chronicle. People 2228 01:48:18,560 --> 01:48:20,739 are still interested in trees. They're still interested in 2229 01:48:20,739 --> 01:48:22,840 preserving trees in 2230 01:48:22,840 --> 01:48:29,560 our cities. Okay, we also look at the benefit that trees 2231 01:48:29,560 --> 01:48:31,800 have on reducing the 2232 01:48:31,800 --> 01:48:36,119 urban heat island effect. Studies have shown that in cities 2233 01:48:36,119 --> 01:48:37,279 that are devoid of 2234 01:48:37,279 --> 01:48:40,060 trees that ground level temperatures and surface 2235 01:48:40,060 --> 01:48:42,079 temperatures are higher. There's 2236 01:48:42,079 --> 01:48:45,729 an absorption of heat during the daytime that is released 2237 01:48:45,729 --> 01:48:46,880 at night so you have an 2238 01:48:46,880 --> 01:48:49,369 increase in your not only your daytime temperatures but 2239 01:48:49,369 --> 01:48:50,119 your nighttime 2240 01:48:50,119 --> 01:48:53,680 temperatures. The presence of trees in our urban areas 2241 01:48:53,680 --> 01:48:55,000 helps to reduce that 2242 01:48:55,000 --> 01:49:00,689 effect in our urban areas. And of course we look at the 2243 01:49:00,689 --> 01:49:03,279 aesthetics of trees. So 2244 01:49:03,279 --> 01:49:08,590 who is affected? Those that are affected by the tree code 2245 01:49:08,590 --> 01:49:10,239 here in Denton are, you 2246 01:49:10,239 --> 01:49:13,810 know, property owners and residents, developers, and other 2247 01:49:13,810 --> 01:49:14,920 interested groups 2248 01:49:14,920 --> 01:49:26,569 such as KDB, Native Plant Society, UNT, TWU. So let me go 2249 01:49:26,569 --> 01:49:29,159 to our project timeline here. 2250 01:49:29,159 --> 01:49:33,869 So this is a picture of the Flow Hospital site prior to, 2251 01:49:33,869 --> 01:49:35,439 well actually it's a 2252 01:49:35,439 --> 01:49:37,479 historic photo. You can tell it's black and white. It's a 2253 01:49:37,479 --> 01:49:38,119 little distorted 2254 01:49:38,119 --> 01:49:41,359 because I stretched it to fit the screen, but as you can 2255 01:49:41,359 --> 01:49:42,760 see there was quite a 2256 01:49:42,760 --> 01:49:46,569 number of large mature trees on this site here. You know 2257 01:49:46,569 --> 01:49:47,359 the site was 2258 01:49:47,359 --> 01:49:54,760 redeveloped in 2003 for student housing. So that was again 2259 01:49:54,760 --> 01:49:57,279 Flow Hospital 2003. In 2260 01:49:57,279 --> 01:50:01,510 2004 the city passed its first tree preservation 2261 01:50:01,510 --> 01:50:04,720 requirements. 2005 to 2008 2262 01:50:04,720 --> 01:50:11,149 the tree code was reviewed for updates. 2008 the city hired 2263 01:50:11,149 --> 01:50:12,159 its first urban 2264 01:50:12,159 --> 01:50:18,119 forester. And 2014 to present is the current effort to 2265 01:50:18,119 --> 01:50:21,640 revise the tree code. 2266 01:50:21,720 --> 01:50:25,229 So when we look at our, when we looked at the current state 2267 01:50:25,229 --> 01:50:26,319 of our code we found 2268 01:50:26,319 --> 01:50:31,020 that there were too many variables. There's actually 36 or 2269 01:50:31,020 --> 01:50:32,380 39 different 2270 01:50:32,380 --> 01:50:36,609 scenarios for preservation under the current code. We found 2271 01:50:36,609 --> 01:50:37,880 that it there was 2272 01:50:37,880 --> 01:50:41,930 no flexibility and there was no incentive to save large 2273 01:50:41,930 --> 01:50:43,239 trees. In fact 2274 01:50:43,239 --> 01:50:47,130 under our current code if you're developing a property that 2275 01:50:47,130 --> 01:50:47,840 has a tree 2276 01:50:47,840 --> 01:50:50,850 that's larger than 18 inches you can remove it. There isn't 2277 01:50:50,850 --> 01:50:51,680 a requirement to 2278 01:50:51,680 --> 01:50:54,130 preserve any tree that's larger than 18 inches. You can 2279 01:50:54,130 --> 01:50:55,500 remove it and simply pay 2280 01:50:55,500 --> 01:50:58,460 a mitigation fee into the city's tree fund or mitigate 2281 01:50:58,460 --> 01:50:59,680 through replanting 2282 01:50:59,680 --> 01:51:06,470 additional trees on site. So here are some examples of what 2283 01:51:06,470 --> 01:51:07,399 we see with our 2284 01:51:07,399 --> 01:51:10,270 current code. So here's an example and these are some some 2285 01:51:10,270 --> 01:51:11,199 good examples of 2286 01:51:11,199 --> 01:51:16,520 sites being developed and large trees being preserved while 2287 01:51:16,520 --> 01:51:18,520 developing sites. 2288 01:51:18,520 --> 01:51:22,539 Here's another, this is just another view of that same 2289 01:51:22,539 --> 01:51:24,560 local hotel and here's one 2290 01:51:24,560 --> 01:51:28,609 of a student housing development where there was, they were 2291 01:51:28,609 --> 01:51:29,920 able to preserve a 2292 01:51:29,920 --> 01:51:34,199 large tree at that site. So you can preserve trees and 2293 01:51:34,199 --> 01:51:35,239 realize your 2294 01:51:35,239 --> 01:51:39,659 development goals. It's not, they're not exclusive of one 2295 01:51:39,659 --> 01:51:43,920 another. Now here I'll 2296 01:51:43,920 --> 01:51:48,810 continue on with current state examples. This is a parcel 2297 01:51:48,810 --> 01:51:49,680 in the city of 2298 01:51:49,680 --> 01:51:54,000 the city of Devent, excuse me, in the city of Denton prior 2299 01:51:54,000 --> 01:51:56,560 to development. Okay so 2300 01:51:56,560 --> 01:51:59,569 as you can see you know it's not a hundred percent covered 2301 01:51:59,569 --> 01:52:00,439 with trees but 2302 01:52:00,439 --> 01:52:07,640 there's quite a few trees along this site. This is the site 2303 01:52:07,640 --> 01:52:08,960 during the 2304 01:52:08,960 --> 01:52:13,340 development. It's about halfway there by this aerial. I 2305 01:52:13,340 --> 01:52:14,760 mean they're there actually 2306 01:52:14,760 --> 01:52:18,680 in real life they're finishing up the last phases of this 2307 01:52:18,680 --> 01:52:19,960 process but as you 2308 01:52:19,960 --> 01:52:22,680 can see this is a residential development. This is what we 2309 01:52:22,680 --> 01:52:23,439 call an NR6 2310 01:52:23,439 --> 01:52:28,039 development or six houses allowed per acre. The trees that 2311 01:52:28,039 --> 01:52:29,319 were preserved and 2312 01:52:29,319 --> 01:52:33,479 met the tree code was this section right here was kind of a 2313 01:52:33,479 --> 01:52:34,319 little pocket park 2314 01:52:34,319 --> 01:52:40,020 and a few trees along this side here. Other than that 2315 01:52:40,020 --> 01:52:41,279 everything else on this 2316 01:52:41,279 --> 01:52:45,399 site was removed. Now in our discussions with some 2317 01:52:45,399 --> 01:52:47,359 stakeholders it was brought up 2318 01:52:47,359 --> 01:52:52,510 that maybe we should consider exempting right of ways and 2319 01:52:52,510 --> 01:52:54,739 building pads from the 2320 01:52:54,739 --> 01:52:58,439 tree code. Well if you can if you look at this example here 2321 01:52:58,439 --> 01:52:59,880 and this is an NR6 2322 01:52:59,880 --> 01:53:01,840 development which is pretty much the majority of 2323 01:53:01,840 --> 01:53:02,960 residential development 2324 01:53:02,960 --> 01:53:08,159 going on currently in Denton, if you exempt those things 2325 01:53:08,159 --> 01:53:09,600 what are we left? 2326 01:53:09,600 --> 01:53:12,529 What are we left to preserve here? I mean that's that's 2327 01:53:12,529 --> 01:53:13,640 pretty much the majority 2328 01:53:13,640 --> 01:53:25,119 of the site. So let's review kind of our method for coming 2329 01:53:25,119 --> 01:53:27,159 to our recommendations 2330 01:53:27,159 --> 01:53:31,979 here. We analyze the current tree code. We looked at best 2331 01:53:31,979 --> 01:53:33,479 management practices 2332 01:53:33,479 --> 01:53:36,960 as set forth by the American National Standards Institute 2333 01:53:36,960 --> 01:53:38,159 which is a national 2334 01:53:38,159 --> 01:53:42,970 recognized organization. They set standards for many things 2335 01:53:42,970 --> 01:53:43,920 . So we use 2336 01:53:43,920 --> 01:53:47,479 those as kind of our guiding principles for how we would 2337 01:53:47,479 --> 01:53:48,640 like to see trees 2338 01:53:48,640 --> 01:53:54,140 preserved here in Denton. We also did a benchmark city 2339 01:53:54,140 --> 01:53:56,720 comparison. As you notice 2340 01:53:56,720 --> 01:54:00,520 the map here you know we didn't just look at trees in DFW 2341 01:54:00,520 --> 01:54:01,960 because you know we 2342 01:54:01,960 --> 01:54:06,050 aren't just competing for business and for residents with 2343 01:54:06,050 --> 01:54:07,560 you know other cities 2344 01:54:07,560 --> 01:54:13,520 in DFW. We're competing with the area of Austin San Antonio 2345 01:54:13,520 --> 01:54:15,439 down here the Houston 2346 01:54:15,439 --> 01:54:18,470 area. We're competing really statewide when businesses are 2347 01:54:18,470 --> 01:54:19,520 looking to move into 2348 01:54:19,520 --> 01:54:23,399 Texas when they're looking to where they want to relocate 2349 01:54:23,399 --> 01:54:25,119 to. So we felt that it 2350 01:54:25,119 --> 01:54:30,090 was important to you know look at benchmarks throughout the 2351 01:54:30,090 --> 01:54:31,399 state. We also 2352 01:54:31,399 --> 01:54:38,399 had community input via a visual preference survey and this 2353 01:54:38,399 --> 01:54:39,000 is you know 2354 01:54:39,000 --> 01:54:42,640 just one of the slides that you know we asked residents to 2355 01:54:42,640 --> 01:54:43,600 simply give a 2356 01:54:43,600 --> 01:54:46,100 preference on what they liked and you know there were some 2357 01:54:46,100 --> 01:54:47,000 people that picked 2358 01:54:47,000 --> 01:54:51,060 A, some picked B, some picked C, but the majority of the 2359 01:54:51,060 --> 01:54:53,760 people picked 2360 01:54:53,760 --> 01:54:59,899 the sites that depicted residential areas that had trees in 2361 01:54:59,899 --> 01:55:01,800 them. We did a 2362 01:55:01,800 --> 01:55:04,840 little bit more about the visual preference. We did in- 2363 01:55:04,840 --> 01:55:06,640 person surveys at 2364 01:55:06,640 --> 01:55:10,159 the three local Kroger locations. We were at the local 2365 01:55:10,159 --> 01:55:11,760 library and several of the 2366 01:55:11,760 --> 01:55:15,180 recreation centers. We received 300 respondents through 2367 01:55:15,180 --> 01:55:16,079 those in-person 2368 01:55:16,079 --> 01:55:20,100 surveys and we also conducted the same survey online and 2369 01:55:20,100 --> 01:55:21,439 received an additional 2370 01:55:21,439 --> 01:55:29,630 700 plus respondents. So when we talk about aligning with 2371 01:55:29,630 --> 01:55:31,479 industry best 2372 01:55:31,479 --> 01:55:34,760 managers practice again American National Standards 2373 01:55:34,760 --> 01:55:39,119 Institute, TCIA, they are 2374 01:55:39,119 --> 01:55:41,710 the people that that publish this information and it's 2375 01:55:41,710 --> 01:55:42,399 really put together 2376 01:55:42,399 --> 01:55:50,399 by leaders in the field of tree care and tree management. 2377 01:55:50,399 --> 01:55:53,000 So we're also proposing 2378 01:55:53,000 --> 01:55:55,899 that we have an exempt tree list and you may say why do we 2379 01:55:55,899 --> 01:55:56,920 want to exempt any 2380 01:55:56,920 --> 01:56:00,510 tree from preservation? Aren't all trees good? Don't they 2381 01:56:00,510 --> 01:56:01,680 all provide benefits? 2382 01:56:01,680 --> 01:56:05,159 Well that is true. However there are some trees because of 2383 01:56:05,159 --> 01:56:06,000 their physical 2384 01:56:06,000 --> 01:56:10,050 characteristics are less desirable in a landscape situation 2385 01:56:10,050 --> 01:56:12,199 . So here we have you 2386 01:56:12,199 --> 01:56:16,449 know a mesquite which is on our list of current trees as a 2387 01:56:16,449 --> 01:56:19,000 secondary tree. This 2388 01:56:19,000 --> 01:56:24,449 tree based on industry measurements is actually categorized 2389 01:56:24,449 --> 01:56:25,520 as a large 2390 01:56:25,520 --> 01:56:28,869 secondary tree meaning a tree that's 18 inches in diameter 2391 01:56:28,869 --> 01:56:29,920 above but if you see 2392 01:56:29,920 --> 01:56:33,010 the picture and most mesquites they're really you know 2393 01:56:33,010 --> 01:56:34,319 quite a large shrub as 2394 01:56:34,319 --> 01:56:37,199 they grow here in Denton. If you get further in the 2395 01:56:37,199 --> 01:56:38,479 southern part of the state 2396 01:56:38,479 --> 01:56:42,760 they develop into a you know a larger tree but here we're 2397 01:56:42,760 --> 01:56:43,579 dealing with what we 2398 01:56:43,579 --> 01:56:47,119 have locally. So the other reason when you look at mesquite 2399 01:56:47,119 --> 01:56:48,319 you know it has 2400 01:56:48,319 --> 01:56:52,930 thorns that can be quite painful. There were some pictures 2401 01:56:52,930 --> 01:56:54,119 when I was pulling 2402 01:56:54,119 --> 01:56:58,359 these off line that you know but not for the faint of heart 2403 01:56:58,359 --> 01:56:59,399 just that the effect 2404 01:56:59,399 --> 01:57:03,420 that you know had just from you know being poked with one 2405 01:57:03,420 --> 01:57:05,659 of these thorns. They 2406 01:57:05,659 --> 01:57:08,850 flatten tires I've experienced that personally with my city 2407 01:57:08,850 --> 01:57:09,600 vehicle here 2408 01:57:09,600 --> 01:57:14,109 going on to a job site and you know that had a had a mesqu 2409 01:57:14,109 --> 01:57:15,960 ite thorn that poked a 2410 01:57:15,960 --> 01:57:21,579 hole in the tire. So we also look at another example is the 2411 01:57:21,579 --> 01:57:23,479 honey locust you 2412 01:57:23,479 --> 01:57:27,119 know again on the surface nice looking tree this isn't 2413 01:57:27,119 --> 01:57:27,920 actually the thorn 2414 01:57:27,920 --> 01:57:32,239 variety this is a cultivar that is thornless but the thorn 2415 01:57:32,239 --> 01:57:32,960 variety the 2416 01:57:32,960 --> 01:57:36,270 ones that we have you know growing naturally here have th 2417 01:57:36,270 --> 01:57:37,279 orns you can see 2418 01:57:37,279 --> 01:57:39,810 that's like about a six inch thorn those are not things 2419 01:57:39,810 --> 01:57:41,159 that you want in your 2420 01:57:41,159 --> 01:57:44,890 backyard landscape you know and it's not just on the leaves 2421 01:57:44,890 --> 01:57:46,159 but it's also on the 2422 01:57:46,159 --> 01:57:55,069 trunk. Okay we also looked at the Texas Ash you know I said 2423 01:57:55,069 --> 01:57:55,800 wait a minute Texas 2424 01:57:55,800 --> 01:57:58,729 Ash that's a nice tree that's a tree that you know was on 2425 01:57:58,729 --> 01:58:00,319 our list to plant 2426 01:58:00,319 --> 01:58:04,470 but one thing that that has occurred here I think 2427 01:58:04,470 --> 01:58:05,960 approximately ten years ago 2428 01:58:05,960 --> 01:58:09,270 there was a bug called emerald ash borer that is an 2429 01:58:09,270 --> 01:58:11,359 invasive pest came from China 2430 01:58:11,359 --> 01:58:15,899 it attacks ash trees exclusively. Now the peculiar thing 2431 01:58:15,899 --> 01:58:17,359 about this bug you see 2432 01:58:17,359 --> 01:58:21,380 is quite tiny they start at the top of the tree so by the 2433 01:58:21,380 --> 01:58:23,159 time you realize that 2434 01:58:23,159 --> 01:58:26,619 your tree is infested it's really too late there's very 2435 01:58:26,619 --> 01:58:28,159 little you can do once 2436 01:58:28,159 --> 01:58:31,729 you know the you actually notice usually once you see it 2437 01:58:31,729 --> 01:58:33,439 the infestation is four 2438 01:58:33,439 --> 01:58:39,960 or five years old. Now our idea of leaving that off the 2439 01:58:39,960 --> 01:58:41,199 list and emerald 2440 01:58:41,199 --> 01:58:44,800 ash borer has been identified positively in traps in the 2441 01:58:44,800 --> 01:58:47,960 state of Texas closer to 2442 01:58:47,960 --> 01:58:51,920 the Louisiana border eastern Texas that's less than 300 2443 01:58:51,920 --> 01:58:52,760 miles away from 2444 01:58:52,760 --> 01:58:56,140 where we are it's not a matter of if it will get here it's 2445 01:58:56,140 --> 01:58:56,880 a matter of when it 2446 01:58:56,880 --> 01:59:01,119 will get here if it's not already here. So the idea of 2447 01:59:01,119 --> 01:59:03,720 exempting that was we 2448 01:59:03,720 --> 01:59:07,489 don't want to preserve a tree that's going to cause long- 2449 01:59:07,489 --> 01:59:08,640 term care in the 2450 01:59:08,640 --> 01:59:12,229 future for the eventual property owner. The picture I have 2451 01:59:12,229 --> 01:59:13,319 here is actually a 2452 01:59:13,319 --> 01:59:16,239 friend of mine when I when I worked in Milwaukee they have 2453 01:59:16,239 --> 01:59:17,760 an active ash 2454 01:59:17,760 --> 01:59:22,659 injection program they inject their city ash trees on well 2455 01:59:22,659 --> 01:59:24,199 when I was there was a 2456 01:59:24,199 --> 01:59:26,609 two-year schedule they found that they can actually go 2457 01:59:26,609 --> 01:59:27,920 three years so it's an 2458 01:59:27,920 --> 01:59:32,149 ongoing maintenance process of treatment that you have to 2459 01:59:32,149 --> 01:59:33,039 have if you're going to 2460 01:59:33,039 --> 01:59:37,850 maintain that tree otherwise once it gets the bug it will 2461 01:59:37,850 --> 01:59:41,640 die. So looking at 2462 01:59:41,640 --> 01:59:45,310 exemptions to the tree code as a whole the current code has 2463 01:59:45,310 --> 01:59:47,560 13 exemptions we 2464 01:59:47,560 --> 01:59:51,050 reduce that to four some of the exemptions on the current 2465 01:59:51,050 --> 01:59:52,199 code were you 2466 01:59:52,199 --> 01:59:56,029 know really common-sense exemptions you're not held to the 2467 01:59:56,029 --> 01:59:56,960 tree code if the 2468 01:59:56,960 --> 02:00:00,600 tree is dead if the tree blew over in a storm we felt that 2469 02:00:00,600 --> 02:00:01,319 it wasn't necessary 2470 02:00:01,319 --> 02:00:06,039 to spell out you know things that are really you know 2471 02:00:06,039 --> 02:00:07,619 common sense if someone 2472 02:00:07,619 --> 02:00:10,560 calls in and says you know my tree is dead or blew over in 2473 02:00:10,560 --> 02:00:11,359 a storm do I need a 2474 02:00:11,359 --> 02:00:18,029 permit no you don't need a permit for that. So we also are 2475 02:00:18,029 --> 02:00:20,720 looking to base our 2476 02:00:20,720 --> 02:00:23,319 preservation requirements based on canopy versus the 2477 02:00:23,319 --> 02:00:24,359 current code which is 2478 02:00:24,359 --> 02:00:28,810 DBH and the the rationale to move to canopy as our measure 2479 02:00:28,810 --> 02:00:30,039 is because the 2480 02:00:30,039 --> 02:00:33,659 benefits that we derive from trees are all based on the 2481 02:00:33,659 --> 02:00:34,960 canopy of the tree. 2482 02:00:34,960 --> 02:00:39,380 Looking at the the DBH solely as as the determining factor 2483 02:00:39,380 --> 02:00:40,279 can be very 2484 02:00:40,279 --> 02:00:44,140 misleading it's very possible to have a tree that's 18 2485 02:00:44,140 --> 02:00:45,359 inches in diameter that 2486 02:00:45,359 --> 02:00:48,619 has a larger canopy than a tree that's 24 or 25 inches in 2487 02:00:48,619 --> 02:00:50,119 diameter it all 2488 02:00:50,119 --> 02:00:54,720 depends on the tree itself so when a developer is required 2489 02:00:54,720 --> 02:00:55,920 to get the 2490 02:00:55,920 --> 02:00:58,750 diameter of a tree as they currently are they have to send 2491 02:00:58,750 --> 02:00:59,880 someone out there on 2492 02:00:59,880 --> 02:01:03,239 the property and you know this this picture here is one I 2493 02:01:03,239 --> 02:01:04,640 pulled online but 2494 02:01:04,640 --> 02:01:07,930 you know this site here isn't bad to walk through there's 2495 02:01:07,930 --> 02:01:09,000 some sites on this 2496 02:01:09,000 --> 02:01:14,000 indentum that you can't just walk through to do you know an 2497 02:01:14,000 --> 02:01:14,720 assessment as 2498 02:01:14,720 --> 02:01:17,979 this this young lady is doing here but what it requires 2499 02:01:17,979 --> 02:01:19,319 under the current code 2500 02:01:19,319 --> 02:01:21,840 is to get a diameter of every tree on the property to 2501 02:01:21,840 --> 02:01:22,760 essentially do an 2502 02:01:22,760 --> 02:01:27,909 inventory of every tree on the site. So moving to canopy 2503 02:01:27,909 --> 02:01:29,920 will allow us to look 2504 02:01:29,920 --> 02:01:33,850 at area photographs and as you see here this is a site 2505 02:01:33,850 --> 02:01:35,479 where you are able to 2506 02:01:35,479 --> 02:01:39,819 actually use computer software ArcGIS or a similar program 2507 02:01:39,819 --> 02:01:42,119 and draw out your 2508 02:01:42,119 --> 02:01:45,880 perimeters of your treeed areas and let the computer 2509 02:01:45,880 --> 02:01:47,680 calculate the canopy of 2510 02:01:47,680 --> 02:01:50,779 what you have drawn out along of course with you going out 2511 02:01:50,779 --> 02:01:51,680 in the field and 2512 02:01:51,680 --> 02:01:54,649 verifying that okay this is actually these are actually 2513 02:01:54,649 --> 02:01:55,720 trees it's not just 2514 02:01:55,720 --> 02:01:59,359 privet which you know we tend to have a lot of here in 2515 02:01:59,359 --> 02:02:01,159 Texas so you know we 2516 02:02:01,159 --> 02:02:07,159 thought that going the canopy will allow for that analysis 2517 02:02:07,159 --> 02:02:08,800 looking at looking at 2518 02:02:08,800 --> 02:02:13,850 area photographs based on existing photographs or in the 2519 02:02:13,850 --> 02:02:15,000 case as it was 2520 02:02:15,000 --> 02:02:18,500 mentioned earlier in the work session drone technology is 2521 02:02:18,500 --> 02:02:19,760 there that works in 2522 02:02:19,760 --> 02:02:24,470 conjunction with ArcGIS where you can send a drone up and 2523 02:02:24,470 --> 02:02:25,399 do your property and 2524 02:02:25,399 --> 02:02:32,680 get the canopy on a specific site. Okay so we're also 2525 02:02:32,680 --> 02:02:33,479 proposing that we 2526 02:02:33,479 --> 02:02:38,039 establish a standard preservation amount of 30% per 2527 02:02:38,039 --> 02:02:40,560 development. Under the current 2528 02:02:40,560 --> 02:02:45,930 code your preservation is anywhere from 0 to 25% of the 2529 02:02:45,930 --> 02:02:47,279 existing trees on the 2530 02:02:47,279 --> 02:02:52,220 site based on either canopy if you can preserve by canopy 2531 02:02:52,220 --> 02:02:53,399 but if you can't 2532 02:02:53,399 --> 02:02:56,130 reach it by canopy then it's diameter-entral you have to do 2533 02:02:56,130 --> 02:02:57,039 the 100% 2534 02:02:57,039 --> 02:03:01,920 survey of the trees. So you may say well why 30% where's 2535 02:03:01,920 --> 02:03:02,720 that number come from? 2536 02:03:02,720 --> 02:03:08,170 Well we picked 30% and we've opted to use 30% as our 2537 02:03:08,170 --> 02:03:10,119 parameter because it's in 2538 02:03:10,119 --> 02:03:13,609 line with regional goals set by the Texas A&M Forest 2539 02:03:13,609 --> 02:03:15,479 Service. The decisions 2540 02:03:15,479 --> 02:03:18,449 that we've made in this we didn't just make them because we 2541 02:03:18,449 --> 02:03:19,560 thought it would be 2542 02:03:19,560 --> 02:03:24,369 good we have a rationale for why we're proposing what we're 2543 02:03:24,369 --> 02:03:27,680 proposing. So we 2544 02:03:27,680 --> 02:03:32,279 also talked about looking at proposing and establishing a 2545 02:03:32,279 --> 02:03:34,119 flat mitigation ratio 2546 02:03:34,119 --> 02:03:39,100 when preservation requirements cannot be met. So under the 2547 02:03:39,100 --> 02:03:39,920 existing code 2548 02:03:39,920 --> 02:03:43,840 and with what we're proposing of that 30% of the canopy 2549 02:03:43,840 --> 02:03:44,399 that you are 2550 02:03:44,399 --> 02:03:47,289 required to save on site if you can't meet that you can 2551 02:03:47,289 --> 02:03:48,399 remove up to half of 2552 02:03:48,399 --> 02:03:53,579 that. So essentially 15% of the canopy on site you can up 2553 02:03:53,579 --> 02:03:55,039 to 15% you can remove 2554 02:03:55,039 --> 02:03:58,850 and mitigate through either replanting trees on site or 2555 02:03:58,850 --> 02:04:00,000 payment into the tree 2556 02:04:00,000 --> 02:04:04,229 fund. The ratio comes into play only when you're looking at 2557 02:04:04,229 --> 02:04:05,380 replanting trees on 2558 02:04:05,380 --> 02:04:09,609 site. So essentially when you look at one diameter's worth 2559 02:04:09,609 --> 02:04:10,800 of canopy that you're 2560 02:04:10,800 --> 02:04:15,239 mitigating for you're planting trees that will at maturity 2561 02:04:15,239 --> 02:04:17,840 have four times the 2562 02:04:17,840 --> 02:04:20,789 diameter of what was replaced and you may say well why not 2563 02:04:20,789 --> 02:04:21,640 just one for one? 2564 02:04:21,640 --> 02:04:25,189 You know I've heard that question you know many times. Well 2565 02:04:25,189 --> 02:04:26,319 for that one tree 2566 02:04:26,319 --> 02:04:29,279 to replace the diameter of the one tree's worth of canopy 2567 02:04:29,279 --> 02:04:31,020 that we replace it may 2568 02:04:31,020 --> 02:04:34,939 take 40 years or more for that tree to reach that maturity 2569 02:04:34,939 --> 02:04:36,880 stage. So by doing a 2570 02:04:36,880 --> 02:04:39,819 one to four ratio planting four trees we're actually 2571 02:04:39,819 --> 02:04:41,359 replacing that canopy and 2572 02:04:41,359 --> 02:04:47,470 a fourth of the time that it would take otherwise. So we're 2573 02:04:47,470 --> 02:04:50,119 also proposing based 2574 02:04:50,119 --> 02:04:56,550 on going to the to looking at canopy versus DBH revising 2575 02:04:56,550 --> 02:04:57,880 the calculation for 2576 02:04:57,880 --> 02:05:00,619 the tree fund payments. So this is just a very basic 2577 02:05:00,619 --> 02:05:02,079 example of what that looks 2578 02:05:02,079 --> 02:05:07,350 like. So in this example if a site has a thousand square 2579 02:05:07,350 --> 02:05:08,199 feet of canopy and these 2580 02:05:08,199 --> 02:05:11,229 numbers are all in square feet. So if it has a thousand 2581 02:05:11,229 --> 02:05:13,600 square feet of canopy your 2582 02:05:13,600 --> 02:05:16,689 preservation requirement or really your preservation goal 2583 02:05:16,689 --> 02:05:18,239 is 300 square feet of 2584 02:05:18,239 --> 02:05:21,880 canopy. Okay the code allows you to remove half of that or 2585 02:05:21,880 --> 02:05:23,960 150 square feet of 2586 02:05:23,960 --> 02:05:29,439 that canopy. So to figure out your either your mitigation 2587 02:05:29,439 --> 02:05:30,960 if you're planting back 2588 02:05:30,960 --> 02:05:33,680 on the site if you're planting back on the site that's 2589 02:05:33,680 --> 02:05:34,600 where your ratio comes 2590 02:05:34,600 --> 02:05:38,960 into play. You would multiply that 150 times 4 you get 600 2591 02:05:38,960 --> 02:05:40,279 that's the amount of 2592 02:05:40,279 --> 02:05:43,819 canopy you would be replacing on the site. The mature 2593 02:05:43,819 --> 02:05:45,840 canopy equivalent not 2594 02:05:45,840 --> 02:05:48,920 the canopy of the tree that you're replacing because we 2595 02:05:48,920 --> 02:05:49,520 know that you know 2596 02:05:49,520 --> 02:05:52,420 though a three inch caliber tree doesn't have very much 2597 02:05:52,420 --> 02:05:53,720 canopy. So if you're 2598 02:05:53,720 --> 02:05:56,479 planting or if you're payment if you're making a payment 2599 02:05:56,479 --> 02:05:57,439 into the tree fund 2600 02:05:57,439 --> 02:06:01,000 you're going to take that 150 and you're going to times it 2601 02:06:01,000 --> 02:06:02,119 by $1.50 2602 02:06:02,119 --> 02:06:07,720 you say per square foot. So you say where that $4.50 per 2603 02:06:07,720 --> 02:06:08,479 square foot come 2604 02:06:08,479 --> 02:06:13,520 from? Well the City of Den is currently in the process of 2605 02:06:13,520 --> 02:06:15,119 conducting an iTree 2606 02:06:15,119 --> 02:06:19,760 eco-assessment and an urban tree canopy analysis. The 2607 02:06:19,760 --> 02:06:21,119 combination of those two 2608 02:06:21,119 --> 02:06:27,000 studies will give us the structural value of these trees in 2609 02:06:27,000 --> 02:06:28,239 Denton and the 2610 02:06:28,239 --> 02:06:31,689 software that's used is used industry-wide is actually used 2611 02:06:31,689 --> 02:06:32,399 even 2612 02:06:32,399 --> 02:06:37,000 internationally as the result of a collaboration of the US 2613 02:06:37,000 --> 02:06:37,800 Forest Service 2614 02:06:37,800 --> 02:06:41,949 and several private entities. It's an ongoing peer review 2615 02:06:41,949 --> 02:06:43,199 software that's free 2616 02:06:43,199 --> 02:06:50,039 to the public to use. You know the key contributor to that 2617 02:06:50,039 --> 02:06:51,319 software has been 2618 02:06:51,319 --> 02:06:55,239 researching his methodology and his algorithm for 30 years. 2619 02:06:55,239 --> 02:06:56,159 Very well known, 2620 02:06:56,159 --> 02:07:01,069 very well respected in that field. So back to that 450 once 2621 02:07:01,069 --> 02:07:02,159 we get Denton 2622 02:07:02,159 --> 02:07:06,079 structural value and we know that you know what the canopy 2623 02:07:06,079 --> 02:07:06,840 percentage is of 2624 02:07:06,840 --> 02:07:10,760 Denton I can put a dollar an actual dollar value of what a 2625 02:07:10,760 --> 02:07:11,399 square foot of 2626 02:07:11,399 --> 02:07:16,279 canopy is in Denton. The 450 is actually real close to what 2627 02:07:16,279 --> 02:07:16,680 the City of 2628 02:07:16,680 --> 02:07:21,829 Arlington's structure as canopy is worth based on a study 2629 02:07:21,829 --> 02:07:23,159 they did several years 2630 02:07:23,159 --> 02:07:31,069 ago. So we're also proposing in our revisions that all 2631 02:07:31,069 --> 02:07:33,439 preserved trees and 2632 02:07:33,439 --> 02:07:37,050 trees that are planted for mitigation count towards the 2633 02:07:37,050 --> 02:07:38,359 landscape requirement. 2634 02:07:38,359 --> 02:07:42,680 Under the current code preserved trees do not count unless 2635 02:07:42,680 --> 02:07:44,199 they're preserved 2636 02:07:44,199 --> 02:07:48,569 beyond the minimum requirement. So if you preserve you know 2637 02:07:48,569 --> 02:07:50,039 however many you know 2638 02:07:50,039 --> 02:07:53,039 diameters of the trees they don't count you get no credit 2639 02:07:53,039 --> 02:07:54,319 if you're below if 2640 02:07:54,319 --> 02:07:59,079 you're at or below the minimum requirement of preservation. 2641 02:07:59,079 --> 02:08:00,000 As far as 2642 02:08:00,000 --> 02:08:03,140 mitigation trees, mitigation trees under the current code 2643 02:08:03,140 --> 02:08:04,239 are above and beyond 2644 02:08:04,239 --> 02:08:08,529 any required landscape trees. So what we're proposing is to 2645 02:08:08,529 --> 02:08:10,199 allow those trees 2646 02:08:10,199 --> 02:08:13,350 that you're preserving and the trees that you're planning 2647 02:08:13,350 --> 02:08:14,279 for mitigation if 2648 02:08:14,279 --> 02:08:18,210 you have to mitigate to count towards your landscape canopy 2649 02:08:18,210 --> 02:08:20,000 tree requirement. So 2650 02:08:20,000 --> 02:08:24,229 just say for this example here this is a retail development 2651 02:08:24,229 --> 02:08:26,319 if these trees were 2652 02:08:26,319 --> 02:08:31,739 preserved and for this I let's just say these were trees 2653 02:08:31,739 --> 02:08:33,239 that were large in 18 2654 02:08:33,239 --> 02:08:35,989 inches. Well what we're categorizing as heritage trees 2655 02:08:35,989 --> 02:08:37,640 under our new proposal. 2656 02:08:37,640 --> 02:08:41,689 Heritage trees you would get actually two times the the 2657 02:08:41,689 --> 02:08:43,119 credit of what the 2658 02:08:43,119 --> 02:08:47,800 actual canopy is as an incentive to preserve larger trees. 2659 02:08:47,800 --> 02:08:48,520 The remaining 2660 02:08:48,520 --> 02:08:53,579 trees you'll get a one-to-one credit for preserved trees 2661 02:08:53,579 --> 02:08:54,319 anything that's less 2662 02:08:54,319 --> 02:08:57,529 than 18 inches and you know I've heard the thing well that 2663 02:08:57,529 --> 02:08:59,119 's not enough credit 2664 02:08:59,119 --> 02:09:02,289 to be an incentive. Well under the current code you get 2665 02:09:02,289 --> 02:09:03,279 zero unless you 2666 02:09:03,279 --> 02:09:09,069 preserve beyond the minimum. What we're proposing is really 2667 02:09:09,069 --> 02:09:10,520 a 200% up to a 200% 2668 02:09:10,520 --> 02:09:14,840 increase of what the current code allows. For as far as 2669 02:09:14,840 --> 02:09:15,720 your trees 2670 02:09:15,720 --> 02:09:18,840 planted for mitigation any required trees whether they are 2671 02:09:18,840 --> 02:09:19,479 street trees, 2672 02:09:19,479 --> 02:09:24,149 parking lot trees, those can now be mitigation trees also. 2673 02:09:24,149 --> 02:09:25,079 They do not have 2674 02:09:25,079 --> 02:09:27,689 the mitigation does not have to be above and beyond what 2675 02:09:27,689 --> 02:09:29,000 the landscape code 2676 02:09:29,000 --> 02:09:40,399 requires. So in summary we analyzed our existing code we 2677 02:09:40,399 --> 02:09:42,159 conducted benchmark 2678 02:09:42,159 --> 02:09:45,800 city analysis, we reviewed industry best management 2679 02:09:45,800 --> 02:09:47,680 practices and we solicited 2680 02:09:47,680 --> 02:09:53,100 stakeholder and community input. I'll stand for any 2681 02:09:53,100 --> 02:09:55,880 questions. Commissioner 2682 02:09:55,880 --> 02:10:02,239 Hutchins. I have one request for whenever in future 2683 02:10:02,239 --> 02:10:03,119 presentations or the 2684 02:10:03,119 --> 02:10:08,270 next presentation we see is there a way to build the slides 2685 02:10:08,270 --> 02:10:10,920 where it shows 50% 2686 02:10:10,920 --> 02:10:16,289 of the canopy and then a visual rendering of what 15% or 30 2687 02:10:16,289 --> 02:10:17,239 % looks like 2688 02:10:17,239 --> 02:10:20,130 on a particular just so I can get a visual of what those 2689 02:10:20,130 --> 02:10:21,199 percentages to give 2690 02:10:21,199 --> 02:10:28,399 them just to give it a so I can see what 15% 30% what that 2691 02:10:28,399 --> 02:10:29,319 looks like you know so 2692 02:10:29,319 --> 02:10:32,659 if you if you had a slide that then says here's a lot like 2693 02:10:32,659 --> 02:10:33,920 that the last slide 2694 02:10:33,920 --> 02:10:37,479 you had of the retail center and so in that retail center 2695 02:10:37,479 --> 02:10:39,920 it says here's what 2696 02:10:39,920 --> 02:10:43,699 30% looks like here's what 15% of that looks like that way 2697 02:10:43,699 --> 02:10:44,920 I can get a get an 2698 02:10:44,920 --> 02:10:47,439 idea I'd appreciate that. Okay I think we can probably 2699 02:10:47,439 --> 02:10:50,560 accommodate that. 2700 02:10:51,199 --> 02:10:54,960 Commissioner Back. Thank you chair and thanks Haywood for 2701 02:10:54,960 --> 02:10:55,880 your presentation 2702 02:10:55,880 --> 02:11:00,439 well done appreciate it. I'm glad this Commission decided 2703 02:11:00,439 --> 02:11:01,479 to issue a 2704 02:11:01,479 --> 02:11:04,159 continuous on this because there's a lot of questions here 2705 02:11:04,159 --> 02:11:05,079 need to be answered and 2706 02:11:05,079 --> 02:11:08,359 there's some concerns I like a lot of what I see in the 2707 02:11:08,359 --> 02:11:09,760 revision but one big 2708 02:11:09,760 --> 02:11:12,560 concern I have I'd appreciate it if you could address it 2709 02:11:12,560 --> 02:11:13,560 for us tonight because 2710 02:11:13,560 --> 02:11:16,390 I'm sure other members of the Commission do in the public 2711 02:11:16,390 --> 02:11:17,000 as well but 2712 02:11:17,000 --> 02:11:24,199 there is that part that allows city-owned utilities DME and 2713 02:11:24,199 --> 02:11:24,920 street 2714 02:11:24,920 --> 02:11:31,680 construction projects it eliminates any responsibility they 2715 02:11:31,680 --> 02:11:32,319 have for that it 2716 02:11:32,319 --> 02:11:35,520 seems like the responsibility of preserving trees should be 2717 02:11:35,520 --> 02:11:36,079 built out 2718 02:11:36,079 --> 02:11:40,609 equally and these agencies are being allowed to forego that 2719 02:11:40,609 --> 02:11:41,600 so can you at 2720 02:11:41,600 --> 02:11:45,529 least address that concern why that was considered part of 2721 02:11:45,529 --> 02:11:46,720 your revision your 2722 02:11:46,720 --> 02:11:51,039 tree code revision well under the current code some of 2723 02:11:51,039 --> 02:11:51,680 those exemptions 2724 02:11:51,680 --> 02:11:58,050 exist we actually reviewed that and you know we dialed it 2725 02:11:58,050 --> 02:11:58,800 back some and they 2726 02:11:58,800 --> 02:12:01,380 don't have total exemption on on those lists they have 2727 02:12:01,380 --> 02:12:03,359 partial exemptions mainly 2728 02:12:03,359 --> 02:12:07,100 on the preservation they're not exempt from the replanting 2729 02:12:07,100 --> 02:12:08,500 part of it or you 2730 02:12:08,500 --> 02:12:12,859 know the planting of street trees for the new streets per 2731 02:12:12,859 --> 02:12:14,840 se but change is 2732 02:12:14,840 --> 02:12:20,680 hard and you know there are some that you know we have to 2733 02:12:20,680 --> 02:12:22,600 work with internally 2734 02:12:22,600 --> 02:12:28,119 that are comfortable with the current standard okay but the 2735 02:12:28,119 --> 02:12:29,399 way I read it is 2736 02:12:29,399 --> 02:12:33,949 these agencies are totally exempt that there wasn't any lee 2737 02:12:33,949 --> 02:12:35,279 way for them that if 2738 02:12:35,279 --> 02:12:37,859 they were whatever they were designing whatever they were 2739 02:12:37,859 --> 02:12:38,720 doing if a tree was 2740 02:12:38,720 --> 02:12:42,489 in their way they wouldn't they would be allowed to remove 2741 02:12:42,489 --> 02:12:43,399 it did I read that 2742 02:12:43,399 --> 02:12:47,319 I'm gonna step in right quick I think staff wants to make a 2743 02:12:47,319 --> 02:12:47,960 clarification 2744 02:12:47,960 --> 02:12:50,079 kind of where we are on the ordinance and some of the rev 2745 02:12:50,079 --> 02:12:50,960 isions to make sure 2746 02:12:50,960 --> 02:12:56,109 we're all on the latest update on the ordinance okay yes 2747 02:12:56,109 --> 02:12:57,279 thank you Jefferson 2748 02:12:57,279 --> 02:13:00,180 strange Commissioner Beck one of the elements that we're 2749 02:13:00,180 --> 02:13:01,000 reviewing as part of 2750 02:13:01,000 --> 02:13:05,100 our our study and on and our analysis associated with the 2751 02:13:05,100 --> 02:13:06,640 amended tree code or 2752 02:13:06,640 --> 02:13:12,880 tree ordinance is to assess and evaluate how city programs 2753 02:13:12,880 --> 02:13:14,680 or city projects play 2754 02:13:14,680 --> 02:13:18,100 into the tree code and how what relationship they have to 2755 02:13:18,100 --> 02:13:18,800 each other 2756 02:13:18,800 --> 02:13:21,810 without compromising any statutory requirements associated 2757 02:13:21,810 --> 02:13:22,479 with that and 2758 02:13:22,479 --> 02:13:27,319 as a result if you recall we basically did an analysis 2759 02:13:27,319 --> 02:13:29,079 today on what the tree 2760 02:13:29,079 --> 02:13:32,329 code is what the intentions are what studies show prior to 2761 02:13:32,329 --> 02:13:33,399 us looking at the 2762 02:13:33,399 --> 02:13:36,729 ordinance and thus the continuance tonight or request for 2763 02:13:36,729 --> 02:13:37,880 continuous okay 2764 02:13:37,880 --> 02:13:43,300 but I'm right and therefore to assess in terms of what have 2765 02:13:43,300 --> 02:13:44,600 we exempted in the 2766 02:13:44,600 --> 02:13:47,800 ordinance what you're looking at is a draft ordinance okay 2767 02:13:47,800 --> 02:13:49,119 and that's the 2768 02:13:49,119 --> 02:13:51,210 ordinance that we had some concern with because there was 2769 02:13:51,210 --> 02:13:52,279 some inconsistencies 2770 02:13:52,279 --> 02:13:55,460 that we wanted to modify it just seemed like that concern 2771 02:13:55,460 --> 02:13:56,600 need to be raised as 2772 02:13:56,600 --> 02:14:00,960 we go forward so that person definitely so as we go forward 2773 02:14:00,960 --> 02:14:01,680 and once we have a 2774 02:14:01,680 --> 02:14:04,020 draft ordinance in fact what we're going to do I have sir 2775 02:14:04,020 --> 02:14:04,800 is have separate 2776 02:14:04,800 --> 02:14:08,210 workshops with yourselves to actually address each 2777 02:14:08,210 --> 02:14:10,000 component of the tree code 2778 02:14:10,000 --> 02:14:14,289 ordinance that will be discussed then itemizing each 2779 02:14:14,289 --> 02:14:15,399 element as to 2780 02:14:15,399 --> 02:14:23,060 applicability of the tree code great thank you thanks you 2781 02:14:23,060 --> 02:14:24,159 have a follow-up 2782 02:14:24,159 --> 02:14:29,439 commissioner back commissioner Roselle thank you chair 2783 02:14:29,439 --> 02:14:31,479 thank you Heywood for 2784 02:14:31,479 --> 02:14:34,560 your presentation I have one question and maybe a follow-up 2785 02:14:34,560 --> 02:14:36,159 comment to that in 2786 02:14:36,159 --> 02:14:38,970 terms of the last thing you presented in the incentivizing 2787 02:14:38,970 --> 02:14:40,600 of preservation what 2788 02:14:40,600 --> 02:14:43,399 how does the one to two compare to the other municipalities 2789 02:14:43,399 --> 02:14:44,319 that you looked at 2790 02:14:44,319 --> 02:14:47,960 and some municipalities there's there's not that have to go 2791 02:14:47,960 --> 02:14:49,319 back and review that 2792 02:14:49,319 --> 02:14:53,640 specifically but some you know there isn't you know an 2793 02:14:53,640 --> 02:14:55,640 incentive you know 2794 02:14:55,640 --> 02:14:58,609 what we what we're doing in some instances is similar to 2795 02:14:58,609 --> 02:14:59,239 what other 2796 02:14:59,239 --> 02:15:04,689 cities are doing and others it's really breaking new ground 2797 02:15:04,689 --> 02:15:06,119 okay and then I 2798 02:15:06,119 --> 02:15:11,010 guess my comment would be as a follow-up to that is I would 2799 02:15:11,010 --> 02:15:12,079 hope that there's an 2800 02:15:12,079 --> 02:15:15,279 opportunity here obviously for a massive tree preservation 2801 02:15:15,279 --> 02:15:16,680 reform I hope that 2802 02:15:16,680 --> 02:15:19,020 we're not limited to just comparing it to what the status 2803 02:15:19,020 --> 02:15:19,840 quo for Denton was 2804 02:15:19,840 --> 02:15:23,050 previously you mentioned that it's a 200% increase from 2805 02:15:23,050 --> 02:15:24,279 what didn't used to have 2806 02:15:24,279 --> 02:15:26,859 but that doesn't necessarily communicate to me that that's 2807 02:15:26,859 --> 02:15:27,800 actually a good goal 2808 02:15:27,800 --> 02:15:31,199 just because it compared to potentially a really bad 2809 02:15:31,199 --> 02:15:33,000 ordinance before and so I 2810 02:15:33,000 --> 02:15:35,500 guess my encouragement to the staff would be not just to 2811 02:15:35,500 --> 02:15:36,479 look at the previous 2812 02:15:36,479 --> 02:15:38,819 standard like well we're out doing ourselves before but 2813 02:15:38,819 --> 02:15:39,680 rather if there's a 2814 02:15:39,680 --> 02:15:42,319 way to really incentivize preservation of these trees then 2815 02:15:42,319 --> 02:15:43,199 maybe we can take 2816 02:15:43,199 --> 02:15:48,350 this opportunity to do that to the best of our abilities 2817 02:15:48,350 --> 02:15:50,680 thank you 2818 02:15:50,680 --> 02:15:55,880 Commissioner Taylor thank you chair I have just a few 2819 02:15:55,880 --> 02:15:59,039 questions I'm still I 2820 02:15:59,039 --> 02:16:02,189 think I've mostly understand this ordinance now after three 2821 02:16:02,189 --> 02:16:03,439 months but I 2822 02:16:03,439 --> 02:16:07,810 just have a few more clarifications so right now in a 2823 02:16:07,810 --> 02:16:09,119 commercial development 2824 02:16:09,119 --> 02:16:14,649 the parking lot tree canopy requirement is it is it 30% I 2825 02:16:14,649 --> 02:16:15,319 don't know if that's a 2826 02:16:15,319 --> 02:16:17,590 be a question for you or for a question just a general 2827 02:16:17,590 --> 02:16:18,800 development staff 2828 02:16:18,800 --> 02:16:23,949 question if I'm not mistaken it is 30% but that gets into 2829 02:16:23,949 --> 02:16:25,119 the the landscape 2830 02:16:25,119 --> 02:16:27,590 requirements of the code which is a little bit beyond the 2831 02:16:27,590 --> 02:16:28,399 scope of what we're 2832 02:16:28,399 --> 02:16:33,520 currently looking at right no I understand I just the the 2833 02:16:33,520 --> 02:16:34,639 an interesting 2834 02:16:34,639 --> 02:16:36,829 feature of this ordinance is that it does allow that the 2835 02:16:36,829 --> 02:16:37,639 double dipping of 2836 02:16:37,639 --> 02:16:42,190 landscape and preservation or previously it was there was 2837 02:16:42,190 --> 02:16:43,280 always the we've 2838 02:16:43,280 --> 02:16:49,360 preserved you know 22% and now we are you know also using 2839 02:16:49,360 --> 02:16:50,760 an additional 12% of 2840 02:16:50,760 --> 02:16:55,020 the canopy to allocate for you know street trees or park 2841 02:16:55,020 --> 02:16:56,239 tree parking lot 2842 02:16:56,239 --> 02:16:59,950 tree and that'll be going away so we'll just be having a 2843 02:16:59,950 --> 02:17:01,040 single number to look 2844 02:17:01,040 --> 02:17:13,940 at let's see the if you your mitigation example you threw 2845 02:17:13,940 --> 02:17:14,799 up the example of a 2846 02:17:14,799 --> 02:17:18,520 thousand square feet you can immediately remove 70% without 2847 02:17:18,520 --> 02:17:19,520 without any 2848 02:17:19,520 --> 02:17:25,000 mitigation at all so you go to 300 and then if you can go 2849 02:17:25,000 --> 02:17:26,040 down to half of that 2850 02:17:26,040 --> 02:17:31,229 30% so you can go to 150 square feet and if you happen to 2851 02:17:31,229 --> 02:17:33,239 preserve a larger than 2852 02:17:33,239 --> 02:17:36,520 18 inch diameter tree you get double credit for that 2853 02:17:36,520 --> 02:17:39,079 preservation so if we 2854 02:17:39,079 --> 02:17:43,309 if we made this a 10,000 square foot example you you have 2855 02:17:43,309 --> 02:17:44,280 to keep 3,000 2856 02:17:44,280 --> 02:17:49,430 square feet and if you have one 18 inch or larger tree that 2857 02:17:49,430 --> 02:17:50,680 has 1500 square feet 2858 02:17:50,680 --> 02:17:54,979 of canopy that covers everything including mitigation is 2859 02:17:54,979 --> 02:17:56,000 that correct 2860 02:17:56,000 --> 02:17:58,729 because you get double credit it doesn't cover the 2861 02:17:58,729 --> 02:18:02,159 mitigation they cover that two 2862 02:18:02,159 --> 02:18:05,620 to one credit for the canopy is credit towards your new 2863 02:18:05,620 --> 02:18:06,799 landscape canopy 2864 02:18:06,799 --> 02:18:10,350 requirements so if that particular site say if they 2865 02:18:10,350 --> 02:18:13,079 required 5,000 square feet 2866 02:18:13,079 --> 02:18:16,389 of new canopy where you'd have a credit of 3,000 square 2867 02:18:16,389 --> 02:18:17,559 feet towards your new 2868 02:18:17,559 --> 02:18:20,879 canopy requirement okay so it's so in this case in my 2869 02:18:20,879 --> 02:18:22,920 hypothetical I'd have a 2870 02:18:22,920 --> 02:18:27,079 1500 square foot one very large mature tree and then I 2871 02:18:27,079 --> 02:18:28,719 would have to plant one 2872 02:18:28,719 --> 02:18:33,090 additional large species three inches diameter it's like a 2873 02:18:33,090 --> 02:18:33,600 large oak or 2874 02:18:33,600 --> 02:18:37,440 something like large species oak and that would meet meet 2875 02:18:37,440 --> 02:18:40,360 my 30% I guess I 2876 02:18:40,360 --> 02:18:43,079 have to mitigate so it'd be a four to one ratio and repl 2877 02:18:43,079 --> 02:18:43,920 anting right so 2878 02:18:43,920 --> 02:18:48,739 whatever the balance of it in this example if that 15,000 2879 02:18:48,739 --> 02:18:50,559 is satisfying you 2880 02:18:50,559 --> 02:18:54,239 know that minimum 15% preservation where you're mitigating 2881 02:18:54,239 --> 02:18:56,280 for 15,000 more square 2882 02:18:56,280 --> 02:18:59,309 feet so in your example you'll be replacing it with you 2883 02:18:59,309 --> 02:18:59,680 know 2884 02:18:59,680 --> 02:19:04,090 approximately four trees that have a large canopy upon 2885 02:19:04,090 --> 02:19:05,559 maturity so that would 2886 02:19:05,559 --> 02:19:10,520 be like four four three inch large species oaks or pecan 2887 02:19:10,520 --> 02:19:11,760 correct okay and 2888 02:19:11,760 --> 02:19:18,940 then I get 3,000 square feet of landscape credit for saving 2889 02:19:18,940 --> 02:19:19,760 that one the 2890 02:19:19,760 --> 02:19:24,219 one tree I didn't cut down correct okay and if I choose not 2891 02:19:24,219 --> 02:19:25,920 to replant my four 2892 02:19:25,920 --> 02:19:31,200 three inch trees the fee would be the four dollars a 50 2893 02:19:31,200 --> 02:19:32,000 square 50 cents 2894 02:19:32,000 --> 02:19:35,120 square foot so it'd be about six thousand dollars correct 2895 02:19:35,120 --> 02:19:35,559 and so that 2896 02:19:35,559 --> 02:19:42,879 would be six thousand dollars to cut down 7,500 square feet 2897 02:19:42,879 --> 02:19:43,959 of canopy 2898 02:19:45,559 --> 02:19:49,569 roughly yeah okay so and and that would be I'm gonna sorry 2899 02:19:49,569 --> 02:19:50,639 8,500 up miscalculated 2900 02:19:50,639 --> 02:19:53,920 8,500 square feet so that would be about eight mature trees 2901 02:19:53,920 --> 02:19:55,639 if I was under the 2902 02:19:55,639 --> 02:19:59,479 old ordinance a mature tree is 18 inches and it's gonna 2903 02:19:59,479 --> 02:20:01,639 cost me $125 an inch to 2904 02:20:01,639 --> 02:20:06,200 cut it down so each of those trees is worth about $2,000 2905 02:20:06,200 --> 02:20:08,200 eight mature trees at 2906 02:20:08,200 --> 02:20:12,479 two thousand sixteen thousand dollars in mitigation is what 2907 02:20:12,479 --> 02:20:14,399 today we would pay 2908 02:20:14,399 --> 02:20:19,829 under this ordinance it would be six thousand dollars 2909 02:20:19,829 --> 02:20:22,520 roughly right right 2910 02:20:22,520 --> 02:20:24,440 right now I understand this is a hypothetical and I'm just 2911 02:20:24,440 --> 02:20:24,920 putting this 2912 02:20:24,920 --> 02:20:27,350 all out there so the mitigation fees have gone down 2913 02:20:27,350 --> 02:20:29,159 dramatically depending on 2914 02:20:29,159 --> 02:20:33,850 the situation yeah and then I get bonus points when I come 2915 02:20:33,850 --> 02:20:34,959 to landscape because 2916 02:20:34,959 --> 02:20:38,000 now I got three thousand square feet of credit or before 2917 02:20:38,000 --> 02:20:39,239 you'd had to preserve 2918 02:20:39,239 --> 02:20:48,760 and then you'd had to do your landscape all right thank you 2919 02:20:48,760 --> 02:20:51,120 yeah to add to your 2920 02:20:51,120 --> 02:20:54,120 example if you're looking at the current code and you're 2921 02:20:54,120 --> 02:20:55,520 preserving the one 18 2922 02:20:55,520 --> 02:21:00,059 inch tree the balance of what you would be mitigating would 2923 02:21:00,059 --> 02:21:01,559 be 18 inches so it 2924 02:21:01,559 --> 02:21:07,920 would be 18 times $125 not the total diameter inches that 2925 02:21:07,920 --> 02:21:08,639 are on the entire 2926 02:21:08,639 --> 02:21:11,000 site 2927 02:21:13,000 --> 02:21:17,500 Commissioner Nettles now they have a bunch of numbers in my 2928 02:21:17,500 --> 02:21:19,440 head I was going 2929 02:21:19,440 --> 02:21:22,760 in that direction you made it an assumption and you said 2930 02:21:22,760 --> 02:21:23,000 you have 2931 02:21:23,000 --> 02:21:27,059 rationale for all those the one to four ratio and you 2932 02:21:27,059 --> 02:21:28,520 explained it as being 2933 02:21:28,520 --> 02:21:32,569 being able to get to maturity four times faster so you made 2934 02:21:32,569 --> 02:21:33,680 some assumptions on 2935 02:21:33,680 --> 02:21:38,520 that that original tree and the assumptions on the four are 2936 02:21:38,520 --> 02:21:39,840 of the same 2937 02:21:39,840 --> 02:21:44,440 type of species or of a variety or something's a rationale 2938 02:21:44,440 --> 02:21:45,600 behind the four 2939 02:21:45,600 --> 02:21:49,360 it would be a it would be a large canopy tree so if if you 2940 02:21:49,360 --> 02:21:50,799 're replacing and 2941 02:21:50,799 --> 02:21:53,879 you're looking at you know a large trees worth the canopy 2942 02:21:53,879 --> 02:21:55,200 which we estimated in 2943 02:21:55,200 --> 02:22:00,360 Denton or given us a size of 1256 square feet you're 2944 02:22:00,360 --> 02:22:01,959 looking at planting four new 2945 02:22:01,959 --> 02:22:06,600 trees that would meet that that size upon maturity why not 2946 02:22:06,600 --> 02:22:08,760 one to three I'm 2947 02:22:08,760 --> 02:22:11,389 just you know you you told us that you had a number of 2948 02:22:11,389 --> 02:22:12,440 wonderful because of 2949 02:22:12,440 --> 02:22:16,959 again the rationale is you know replacing tree canopy 2950 02:22:16,959 --> 02:22:19,399 sooner if it's the 2951 02:22:19,399 --> 02:22:23,520 the lower that ratio the longer it takes to to replace a 2952 02:22:23,520 --> 02:22:25,040 canopy and the longer 2953 02:22:25,040 --> 02:22:28,069 we're not realizing the benefits of that canopy if you go 2954 02:22:28,069 --> 02:22:29,399 back to that that slide 2955 02:22:29,399 --> 02:22:31,829 that I had with all the various benefits that were received 2956 02:22:31,829 --> 02:22:32,680 from trees I just 2957 02:22:32,680 --> 02:22:34,709 want to make sure everybody was clear on the rationale and 2958 02:22:34,709 --> 02:22:35,680 we may you know 2959 02:22:35,680 --> 02:22:39,430 replace it the canopy in our lifetime versus you know after 2960 02:22:39,430 --> 02:22:40,639 we're we're going 2961 02:22:40,639 --> 02:22:44,790 it's the second one that needs for me and others to clarify 2962 02:22:44,790 --> 02:22:45,879 what how'd you get 2963 02:22:45,879 --> 02:22:52,760 that $4.50 that that $4.50 is an estimate of what a square 2964 02:22:52,760 --> 02:22:53,079 foot of 2965 02:22:53,079 --> 02:22:57,000 canopy would be here in Denton what I actually did to get 2966 02:22:57,000 --> 02:22:58,000 around that number 2967 02:22:58,000 --> 02:23:03,280 was I use the the i-tree eco assessment of the city of Or 2968 02:23:03,280 --> 02:23:04,920 lington's trees they 2969 02:23:04,920 --> 02:23:08,180 have their you know the value of their the structural value 2970 02:23:08,180 --> 02:23:08,979 of their tree 2971 02:23:08,979 --> 02:23:13,340 canopy the percentage of tree canopy and using those 2972 02:23:13,340 --> 02:23:15,440 numbers along with the total 2973 02:23:15,440 --> 02:23:18,020 square footage of the city of Orlington I was able to 2974 02:23:18,020 --> 02:23:19,459 calculate how much one 2975 02:23:19,459 --> 02:23:26,120 square foot of canopy is worth thank you I got a couple 2976 02:23:26,120 --> 02:23:30,479 questions I want to go 2977 02:23:30,479 --> 02:23:34,239 back to our last P&T meeting we had a project came before 2978 02:23:34,239 --> 02:23:35,440 preserved pecan 2979 02:23:35,440 --> 02:23:39,090 Creek like they had essentially what may be kind of a 2980 02:23:39,090 --> 02:23:40,440 future view of the 2981 02:23:40,440 --> 02:23:44,340 direction we may be going with I think that a seven or ten 2982 02:23:44,340 --> 02:23:45,680 acre tree reserve 2983 02:23:45,680 --> 02:23:48,850 that they were doing as they developed that project and I 2984 02:23:48,850 --> 02:23:50,360 think they put that 2985 02:23:50,360 --> 02:23:53,379 in a individual lot and it was enough therefore would be in 2986 02:23:53,379 --> 02:23:54,159 a homeowners 2987 02:23:54,159 --> 02:24:00,760 association rather than it's publicly owned is it villages 2988 02:24:00,760 --> 02:24:01,799 I'm sorry I spoke 2989 02:24:01,799 --> 02:24:08,840 with the wrong project villages Carmel just a philosophical 2990 02:24:08,840 --> 02:24:11,600 concern I have and 2991 02:24:11,600 --> 02:24:13,649 I'm throwing this out just to get it out because I know we 2992 02:24:13,649 --> 02:24:14,399 're going to have a 2993 02:24:14,399 --> 02:24:18,870 time to have future meetings and work sessions and talk 2994 02:24:18,870 --> 02:24:21,040 about this is we're 2995 02:24:21,040 --> 02:24:23,809 taking somewhat of a public policy of preserving the trees 2996 02:24:23,809 --> 02:24:24,680 and putting it in 2997 02:24:24,680 --> 02:24:29,200 more of a private type of application and individual 2998 02:24:29,200 --> 02:24:31,440 developments more than 2999 02:24:31,440 --> 02:24:34,270 likely those go into homeowners association so they're 3000 02:24:34,270 --> 02:24:35,159 privately owned 3001 02:24:35,159 --> 02:24:38,159 and they're maintained by a homeowner association they're 3002 02:24:38,159 --> 02:24:38,920 not open to the 3003 02:24:38,920 --> 02:24:44,479 public and as part of this ordinance the developer or the 3004 02:24:44,479 --> 02:24:45,680 homeowners association 3005 02:24:45,680 --> 02:24:49,309 by default has to maintain these trees for three years so 3006 02:24:49,309 --> 02:24:50,920 if something for 3007 02:24:50,920 --> 02:24:55,170 example oak wilt or some type of issue happens with those 3008 02:24:55,170 --> 02:24:56,520 trees now the 3009 02:24:56,520 --> 02:24:59,639 homeowners association ie the residents that live in that 3010 02:24:59,639 --> 02:25:00,719 neighborhood are going 3011 02:25:00,719 --> 02:25:03,559 to have to be coming back and have a great expense 3012 02:25:03,559 --> 02:25:05,799 potentially to replace all 3013 02:25:05,799 --> 02:25:11,180 these trees to get it back into compliance so I'm concerned 3014 02:25:11,180 --> 02:25:11,959 about that 3015 02:25:11,959 --> 02:25:15,170 and the precedent that we said and the burden that we put 3016 02:25:15,170 --> 02:25:16,000 on our future 3017 02:25:16,000 --> 02:25:18,959 residents and so one of the things that I want to throw out 3018 02:25:18,959 --> 02:25:19,760 just for us to 3019 02:25:19,760 --> 02:25:24,629 consider as a city if this is the direction that we want to 3020 02:25:24,629 --> 02:25:25,680 go with public 3021 02:25:25,680 --> 02:25:31,479 policy that we look at doing this more on a public policy 3022 02:25:31,479 --> 02:25:33,840 platform that is more 3023 02:25:33,840 --> 02:25:38,120 of a park that's a publicly owned park if it can be 3024 02:25:38,120 --> 02:25:39,319 dedicated as park whether 3025 02:25:39,319 --> 02:25:42,780 we're buying paying into the tree fund and taking tree fund 3026 02:25:42,780 --> 02:25:43,719 dollars to buy 3027 02:25:43,719 --> 02:25:48,149 areas that are then public parks publicly maintained they 3028 02:25:48,149 --> 02:25:49,200 're no longer 3029 02:25:49,200 --> 02:25:52,370 homeowners association and private and the burden saw the 3030 02:25:52,370 --> 02:25:53,280 go with that and 3031 02:25:53,280 --> 02:25:56,610 general liability for safety all other stuff that goes 3032 02:25:56,610 --> 02:25:58,520 along with HOA's and 3033 02:25:58,520 --> 02:26:05,270 anybody can come and enjoy those versus its HOA exclusively 3034 02:26:05,270 --> 02:26:06,479 area that is just 3035 02:26:06,479 --> 02:26:09,030 for that neighborhood so that's one of the things that I 3036 02:26:09,030 --> 02:26:10,319 want to throw out just 3037 02:26:10,319 --> 02:26:13,850 as an observation of where we are so far on this ordinance 3038 02:26:13,850 --> 02:26:15,120 as we're going to be 3039 02:26:15,120 --> 02:26:18,000 taking a look at it and soliciting feedback here in a 3040 02:26:18,000 --> 02:26:19,840 minute from public as 3041 02:26:19,840 --> 02:26:23,479 well and some other stakeholders is there an opportunity 3042 02:26:23,479 --> 02:26:24,520 for us to look at 3043 02:26:24,520 --> 02:26:29,000 that since this is more of a public policy decision that it 3044 02:26:29,000 --> 02:26:29,959 's more of a 3045 02:26:29,959 --> 02:26:34,329 benefit and use for the public versus its private private 3046 02:26:34,329 --> 02:26:35,799 HOA's privately 3047 02:26:35,799 --> 02:26:39,040 maintained and expense and all those types of things so we 3048 02:26:39,040 --> 02:26:40,079 'll still throw 3049 02:26:40,079 --> 02:26:42,889 that out to add to all the other comments that we're 3050 02:26:42,889 --> 02:26:44,159 probably getting ready 3051 02:26:44,159 --> 02:26:47,649 to get and see if there's a place for that somewhere in 3052 02:26:47,649 --> 02:26:49,120 this ordinance as we 3053 02:26:49,120 --> 02:26:54,360 move it forward so any other comments or questions for Hay 3054 02:26:54,360 --> 02:26:55,840 wood before we move on 3055 02:26:55,840 --> 02:27:00,479 to our cars thank you for a great presentation all right 3056 02:27:00,479 --> 02:27:03,479 thank you have a 3057 02:27:03,479 --> 02:27:07,940 number of cards and just want to announce again that we've 3058 02:27:07,940 --> 02:27:09,159 suspended our 3059 02:27:09,159 --> 02:27:12,610 rules and so what we'll be doing going for you're welcome 3060 02:27:12,610 --> 02:27:13,879 to speak this evening 3061 02:27:13,879 --> 02:27:18,629 and then speak a second time as this comes back if you do 3062 02:27:18,629 --> 02:27:19,879 want to speak 3063 02:27:19,879 --> 02:27:23,899 tonight and you haven't filled out a card yet we would ask 3064 02:27:23,899 --> 02:27:24,520 that you 3065 02:27:31,120 --> 02:27:32,850 so if you do want to speak this evening we will need to 3066 02:27:32,850 --> 02:27:35,639 fill out a card you can 3067 02:27:35,639 --> 02:27:39,000 fill out a card either support the ordinance or not support 3068 02:27:39,000 --> 02:27:39,479 it and we'll 3069 02:27:39,479 --> 02:27:43,200 just read that into the record and our timeframes do still 3070 02:27:43,200 --> 02:27:44,440 apply even though 3071 02:27:44,440 --> 02:27:48,280 we've suspended the rules I believe it's four minutes per 3072 02:27:48,280 --> 02:27:49,379 speaker and they can 3073 02:27:49,379 --> 02:27:54,040 combine time it's four minutes four minutes per speaker and 3074 02:27:54,040 --> 02:27:55,159 then if there is 3075 02:27:55,159 --> 02:28:00,079 a group of four or more then you'll get a ten minute or 3076 02:28:00,079 --> 02:28:01,799 less opportunity to 3077 02:28:01,799 --> 02:28:05,170 speak and then also the applicant which is I guess us we've 3078 02:28:05,170 --> 02:28:06,319 already taken our 3079 02:28:06,319 --> 02:28:10,000 time to speak so we don't need to address that okay with 3080 02:28:10,000 --> 02:28:11,000 that said I'm 3081 02:28:11,000 --> 02:28:15,079 gonna we've got two cards that did not wish to speak so I'm 3082 02:28:15,079 --> 02:28:16,760 gonna record these 3083 02:28:16,760 --> 02:28:20,180 for the record and then we'll move into our cards that do 3084 02:28:20,180 --> 02:28:21,680 wish to speak first 3085 02:28:21,680 --> 02:28:27,700 card I have is from Lynn Dodd 612 Pearl Street she she or 3086 02:28:27,700 --> 02:28:30,600 he is in support of 3087 02:28:30,600 --> 02:28:35,750 this ordinance but did not wish to speak I have a second 3088 02:28:35,750 --> 02:28:37,479 card Courtney blebens 3089 02:28:37,479 --> 02:28:43,680 for service 7429 Culver Avenue Fort Worth is in support of 3090 02:28:43,680 --> 02:28:44,440 this ordinance and 3091 02:28:44,440 --> 02:28:52,600 did not wish to speak the next card I have is from Rod Zuc 3092 02:28:52,600 --> 02:28:53,840 chi and I'm gonna go 3093 02:28:53,840 --> 02:28:57,440 ahead and put next speaker behind we can get ready would be 3094 02:28:57,440 --> 02:28:58,520 Larry Reichart 3095 02:28:58,520 --> 02:29:01,879 the right if you want to come forward you have four minutes 3096 02:29:01,879 --> 02:29:02,659 to speak and 3097 02:29:02,659 --> 02:29:09,180 please give your name and address please sir thank you mr. 3098 02:29:09,180 --> 02:29:10,639 chairman 3099 02:29:10,639 --> 02:29:14,270 commissioners my name is Rod Zucchi I'm with ZPS consulting 3100 02:29:14,270 --> 02:29:16,000 engineers at one one 3101 02:29:16,000 --> 02:29:20,079 one one Main Street in Grapevine Texas there's so many 3102 02:29:20,079 --> 02:29:21,959 things to tackle I'm not 3103 02:29:21,959 --> 02:29:24,639 even going to attempt it here in four minutes so I'd just 3104 02:29:24,639 --> 02:29:25,639 like to make a few 3105 02:29:25,639 --> 02:29:29,190 points to try and kind of stimulate some thought for our 3106 02:29:29,190 --> 02:29:31,840 future conversations to 3107 02:29:31,840 --> 02:29:34,370 give you some background I'll tell you that I have over 25 3108 02:29:34,370 --> 02:29:35,280 years of engineering 3109 02:29:35,280 --> 02:29:38,639 and planning experience working for and with the city of 3110 02:29:38,639 --> 02:29:40,000 Denton and most other 3111 02:29:40,000 --> 02:29:44,229 area cities I organized and headed the consultant team for 3112 02:29:44,229 --> 02:29:45,040 the city that worked 3113 02:29:45,040 --> 02:29:50,920 on the original Denton plan for example my firm currently 3114 02:29:50,920 --> 02:29:52,280 has five large 3115 02:29:52,280 --> 02:29:55,959 single-family projects with significant tree and ESA issues 3116 02:29:55,959 --> 02:29:57,159 and various stages 3117 02:29:57,159 --> 02:30:01,000 of development in the city of Denton so I'm currently very 3118 02:30:01,000 --> 02:30:02,319 familiar with your 3119 02:30:02,319 --> 02:30:09,959 current code both tree and ESA in working with staff as a 3120 02:30:09,959 --> 02:30:11,079 representative of 3121 02:30:11,079 --> 02:30:13,690 the Denton Community Development Alliance team which 3122 02:30:13,690 --> 02:30:14,479 included Larry 3123 02:30:14,479 --> 02:30:18,799 Reichart and Lee Allison who are also here this evening in 3124 02:30:18,799 --> 02:30:20,040 multiple workshops 3125 02:30:20,040 --> 02:30:23,489 with the city over the past several weeks I've developed 3126 02:30:23,489 --> 02:30:24,639 several concerns 3127 02:30:24,639 --> 02:30:28,959 about the current draft I'm concerned that the Commission 3128 02:30:28,959 --> 02:30:29,760 does not have 3129 02:30:29,760 --> 02:30:33,250 adequate and accurate information to make an informed 3130 02:30:33,250 --> 02:30:34,920 decision some key 3131 02:30:34,920 --> 02:30:39,520 informational tools provided have been taken out of context 3132 02:30:39,520 --> 02:30:40,479 or valuable 3133 02:30:40,479 --> 02:30:44,500 components of the information are missing I'm concerned 3134 02:30:44,500 --> 02:30:45,559 that we are not 3135 02:30:45,559 --> 02:30:48,260 proceeding with the consideration of this ordinance in 3136 02:30:48,260 --> 02:30:49,360 conformance with the 3137 02:30:49,360 --> 02:30:53,409 process outlined and our recently adopted comprehensive 3138 02:30:53,409 --> 02:30:55,000 plan Larry will 3139 02:30:55,000 --> 02:30:59,229 elaborate on this some more in future discussion I'm 3140 02:30:59,229 --> 02:31:00,079 concerned that this 3141 02:31:00,079 --> 02:31:03,600 ordinance would have a very significant financial impact 3142 02:31:03,600 --> 02:31:05,399 when applied to our 3143 02:31:05,399 --> 02:31:08,319 projects recently approved under the current ordinance we 3144 02:31:08,319 --> 02:31:09,639 are seeing possible 3145 02:31:09,639 --> 02:31:15,090 mitigation cost increase increases of five times or more 3146 02:31:15,090 --> 02:31:16,600 based on rates 3147 02:31:16,600 --> 02:31:19,840 suggested by staff in our workshop and the rate this which 3148 02:31:19,840 --> 02:31:20,799 is the same rate 3149 02:31:20,799 --> 02:31:24,309 Larry suggested this evening admittedly this ordinance does 3150 02:31:24,309 --> 02:31:25,440 not establish those 3151 02:31:25,440 --> 02:31:28,729 rates but how can you consider an ordinance without 3152 02:31:28,729 --> 02:31:30,000 considering what the 3153 02:31:30,000 --> 02:31:34,020 economic impact of that ordinance would be I've asked 3154 02:31:34,020 --> 02:31:36,120 myself and several staff 3155 02:31:36,120 --> 02:31:40,139 several times what the goal of this new ordinance actually 3156 02:31:40,139 --> 02:31:41,479 is and I'm not sure I 3157 02:31:41,479 --> 02:31:46,319 can tell you the answer is it to simplify the current 3158 02:31:46,319 --> 02:31:48,319 ordinance tree 3159 02:31:48,319 --> 02:31:51,440 ordinance in most cities are not simple and our current 3160 02:31:51,440 --> 02:31:52,760 ordinance is not that 3161 02:31:52,760 --> 02:31:56,680 bad in comparison one of the things that complicates tree 3162 02:31:56,680 --> 02:31:58,159 ordinances and our 3163 02:31:58,159 --> 02:32:02,180 current one as well is there's multiple kinds of projects 3164 02:32:02,180 --> 02:32:03,520 single-family versus 3165 02:32:03,520 --> 02:32:06,479 commercial that are very different in nature and the rules 3166 02:32:06,479 --> 02:32:07,399 that apply to the 3167 02:32:07,399 --> 02:32:11,129 development of those types of projects are very different 3168 02:32:11,129 --> 02:32:12,239 and so the cost 3169 02:32:12,239 --> 02:32:16,409 analysis you might go through on a commercial project is 3170 02:32:16,409 --> 02:32:17,360 not the same 3171 02:32:17,360 --> 02:32:20,989 result you'd get on a single-family project our code 3172 02:32:20,989 --> 02:32:22,920 addresses different 3173 02:32:22,920 --> 02:32:25,010 types of projects that's one thing that makes it more 3174 02:32:25,010 --> 02:32:26,319 complicated this code does 3175 02:32:26,319 --> 02:32:33,079 not is the purpose to preserve more trees if that's the 3176 02:32:33,079 --> 02:32:34,379 case shouldn't the 3177 02:32:34,379 --> 02:32:37,250 economic impact of the ordinance be similar or maybe 3178 02:32:37,250 --> 02:32:38,479 slightly higher than 3179 02:32:38,479 --> 02:32:41,860 the curtain ordinance to preserve some economic development 3180 02:32:41,860 --> 02:32:44,940 opportunities is the 3181 02:32:44,940 --> 02:32:49,809 purpose to have more trees in Denton's future tree planting 3182 02:32:49,809 --> 02:32:51,059 is a much more 3183 02:32:51,059 --> 02:32:54,700 beneficial and efficient method of accomplishing this goal 3184 02:32:54,700 --> 02:32:55,040 than 3185 02:32:55,040 --> 02:32:58,770 preservation of older trees with limited lifespans this 3186 02:32:58,770 --> 02:33:01,280 allows trees to occur in 3187 02:33:01,280 --> 02:33:07,180 a desired location making them an asset instead of a 3188 02:33:07,180 --> 02:33:09,879 liability in a being 3189 02:33:09,879 --> 02:33:13,239 preserved in a demanded location and that's an important 3190 02:33:13,239 --> 02:33:14,319 concept we need to 3191 02:33:14,319 --> 02:33:17,819 discuss further on it's not just the preservation of the 3192 02:33:17,819 --> 02:33:19,319 tree it's the impact 3193 02:33:19,319 --> 02:33:23,799 that that location has on the use of a piece of property 3194 02:33:23,799 --> 02:33:26,799 there's one reason 3195 02:33:26,799 --> 02:33:31,030 why it's difficult for cities not to exempt city projects 3196 02:33:31,030 --> 02:33:31,959 like a wastewater 3197 02:33:31,959 --> 02:33:35,260 treatment plant because you don't get to preserve trees 3198 02:33:35,260 --> 02:33:36,520 where you want to you 3199 02:33:36,520 --> 02:33:39,459 have to preserve them where they are and if they're in the 3200 02:33:39,459 --> 02:33:40,520 middle of where you 3201 02:33:40,520 --> 02:33:45,020 need to use that site it significantly impacts the use of 3202 02:33:45,020 --> 02:33:46,840 the site thank you 3203 02:33:46,840 --> 02:33:53,680 for your comments I'm sorry I have a question Ron I 3204 02:33:53,680 --> 02:33:54,879 apologize 3205 02:33:54,879 --> 02:33:59,520 Commissioner Roselle thank you chair Rod I appreciate your 3206 02:33:59,520 --> 02:34:00,399 your feedback I had 3207 02:34:00,399 --> 02:34:03,000 one question not not to get into the weeds but it might be 3208 02:34:03,000 --> 02:34:03,760 helpful as I'm 3209 02:34:03,760 --> 02:34:06,010 thinking through this you mentioned there's out of context 3210 02:34:06,010 --> 02:34:06,760 information being 3211 02:34:06,760 --> 02:34:09,299 provided to the Commission can you provide like just an 3212 02:34:09,299 --> 02:34:10,040 example so I can 3213 02:34:10,040 --> 02:34:14,409 get my mind going where that might be for one thing Larry's 3214 02:34:14,409 --> 02:34:15,479 pulled a number 3215 02:34:15,479 --> 02:34:21,379 out of the city of Arlington code to establish the value of 3216 02:34:21,379 --> 02:34:23,200 the trees you 3217 02:34:23,200 --> 02:34:26,489 need to read that report and see how that number how he 3218 02:34:26,489 --> 02:34:27,239 came up with that 3219 02:34:27,239 --> 02:34:31,260 number it's the city Arlington wouldn't come up with that 3220 02:34:31,260 --> 02:34:33,159 number if you read 3221 02:34:33,159 --> 02:34:38,610 their entire ordinance another example is I've heard 3222 02:34:38,610 --> 02:34:40,879 examples used in comparison 3223 02:34:40,879 --> 02:34:44,090 to the city of Southlake I'm very familiar with their code 3224 02:34:44,090 --> 02:34:44,639 and I've 3225 02:34:44,639 --> 02:34:48,030 actually talked to their arborist about the application or 3226 02:34:48,030 --> 02:34:48,959 code it's very 3227 02:34:48,959 --> 02:34:53,250 stringent and and it's been used as a comparison tool for 3228 02:34:53,250 --> 02:34:54,440 this well if you 3229 02:34:54,440 --> 02:34:59,040 ask they'll voluntarily tell you that an overwhelming 3230 02:34:59,040 --> 02:35:00,760 majority of projects to 3231 02:35:00,760 --> 02:35:03,840 prove in Southlake do not comply with their tree code city 3232 02:35:03,840 --> 02:35:05,280 of Southlake uses 3233 02:35:05,280 --> 02:35:09,620 their tree code as a tool in in conjunction with all their 3234 02:35:09,620 --> 02:35:10,159 other 3235 02:35:10,159 --> 02:35:14,920 ordinances to get the kind of development they want they 3236 02:35:14,920 --> 02:35:15,319 don't 3237 02:35:15,319 --> 02:35:18,079 necessarily enforce the tree code to the letter off now 3238 02:35:18,079 --> 02:35:19,399 that's very onerous on a 3239 02:35:19,399 --> 02:35:22,899 city that that puts your staff in a position where they've 3240 02:35:22,899 --> 02:35:23,920 got to consider 3241 02:35:23,920 --> 02:35:30,010 variances on every project you know those are a couple that 3242 02:35:30,010 --> 02:35:30,719 's helpful thank 3243 02:35:30,719 --> 02:35:36,680 you one more question Commissioner Hedgepeth 3244 02:35:38,719 --> 02:35:43,010 thank you chair thank you sir appreciate your insight and I 3245 02:35:43,010 --> 02:35:44,000 'm gonna ask each 3246 02:35:44,000 --> 02:35:48,409 individual this so if we can agree on the canopy what is 3247 02:35:48,409 --> 02:35:50,639 your so mr. Haywood's 3248 02:35:50,639 --> 02:35:55,790 number is 450 $4.50 what is what is your number in your 3249 02:35:55,790 --> 02:35:58,520 analysis well I think 3250 02:35:58,520 --> 02:36:00,950 that's where we get to the comprehensive plan the 3251 02:36:00,950 --> 02:36:02,520 comprehensive plan actually 3252 02:36:02,520 --> 02:36:06,020 outlines and Larry is an expert on this and he'll address 3253 02:36:06,020 --> 02:36:07,680 that for you a process 3254 02:36:07,680 --> 02:36:11,700 you go through to establish the value of the trees in your 3255 02:36:11,700 --> 02:36:13,079 city so you can assess 3256 02:36:13,079 --> 02:36:17,229 that rate and that's what we have not done we've just kind 3257 02:36:17,229 --> 02:36:18,280 of said Arlington 3258 02:36:18,280 --> 02:36:22,510 did it and and here's Arlington's not well and so that's 3259 02:36:22,510 --> 02:36:23,340 that's gonna be the 3260 02:36:23,340 --> 02:36:26,379 challenge for me and maybe someone else is gonna get to it 3261 02:36:26,379 --> 02:36:27,360 but I'm gonna ask 3262 02:36:27,360 --> 02:36:31,610 each individual I'm just gonna repeat it mr. Haywood's put 3263 02:36:31,610 --> 02:36:32,600 a number out there 3264 02:36:32,600 --> 02:36:35,350 he's done his due diligence and if you're going to then 3265 02:36:35,350 --> 02:36:36,319 challenge his due 3266 02:36:36,319 --> 02:36:40,809 diligence then I would challenge whomever to come up with a 3267 02:36:40,809 --> 02:36:42,399 new number and and 3268 02:36:42,399 --> 02:36:45,139 validate that number that's only fair if someone comes and 3269 02:36:45,139 --> 02:36:45,840 does their due 3270 02:36:45,840 --> 02:36:49,120 diligence and puts a number out there to get scrutinized I 3271 02:36:49,120 --> 02:36:50,440 'm all for scrutiny 3272 02:36:50,440 --> 02:36:54,489 but then those challengers need also to to do the math and 3273 02:36:54,489 --> 02:36:55,920 put themselves out 3274 02:36:55,920 --> 02:36:59,020 there and let us kick the tires on let me offer you a 3275 02:36:59,020 --> 02:37:01,040 number if you would like 3276 02:37:01,040 --> 02:37:08,159 with with with with 30% preservation requirement mm-hmm if 3277 02:37:08,159 --> 02:37:09,280 you were to exempt 3278 02:37:09,280 --> 02:37:12,409 public right aways and public easements as most cities do 3279 02:37:12,409 --> 02:37:13,639 which also it does not 3280 02:37:13,639 --> 02:37:18,239 show up in your in your equivalent city comparison and you 3281 02:37:18,239 --> 02:37:19,920 took half that number 3282 02:37:19,920 --> 02:37:24,739 it would come out about 10% higher financial impact and 3283 02:37:24,739 --> 02:37:25,559 what your current 3284 02:37:25,559 --> 02:37:30,120 ordinance does okay but the current ordinance does not is 3285 02:37:30,120 --> 02:37:30,760 not based on 3286 02:37:30,760 --> 02:37:35,299 canopy so if we can agree to switch the canopy then I've 3287 02:37:35,299 --> 02:37:36,559 got projects where I 3288 02:37:36,559 --> 02:37:40,479 have the detailed survey of all the trees so I can make a 3289 02:37:40,479 --> 02:37:42,040 direct correlation 3290 02:37:42,040 --> 02:37:46,909 between canopy and the current code which is is caliper 3291 02:37:46,909 --> 02:37:50,000 inches and so you 3292 02:37:50,000 --> 02:37:54,059 know and it's it's tough it's complicated I mean I do 3293 02:37:54,059 --> 02:37:55,399 support the 3294 02:37:55,399 --> 02:37:58,850 concept of canopy it avoids the need to do a detailed 3295 02:37:58,850 --> 02:38:00,600 survey on every tree on 3296 02:38:00,600 --> 02:38:04,069 the property and particularly when you get in large single- 3297 02:38:04,069 --> 02:38:05,159 family properties I 3298 02:38:05,159 --> 02:38:08,229 can be very expensive and time-consuming so I mean there's 3299 02:38:08,229 --> 02:38:09,040 some very good 3300 02:38:09,040 --> 02:38:13,280 concepts in the in the in the code but that's a tough 3301 02:38:13,280 --> 02:38:14,319 question and that's 3302 02:38:14,319 --> 02:38:18,000 really my point is we need to we need to figure that out 3303 02:38:18,000 --> 02:38:20,600 yes sir thank you thank 3304 02:38:20,600 --> 02:38:25,739 you next speaker will be Larry Reichart and this looks like 3305 02:38:25,739 --> 02:38:27,479 a group speaker for 3306 02:38:27,479 --> 02:38:34,000 ten minutes on behalf of Larry Reichart Brett Chance Adam 3307 02:38:34,000 --> 02:38:36,799 Gararecki and Lee 3308 02:38:36,799 --> 02:38:42,319 Allison thank you my name is Larry Reichart I'm a board 3309 02:38:42,319 --> 02:38:43,639 member with the DCDA 3310 02:38:43,639 --> 02:38:49,200 I live at 2228 Jefferson Trail here in Denton Texas a 3311 02:38:49,200 --> 02:38:51,079 little background on me I 3312 02:38:51,079 --> 02:38:54,260 used to work for the city of Denton I was the assistant 3313 02:38:54,260 --> 02:38:55,719 planning director and 3314 02:38:55,719 --> 02:39:00,270 I was the interim planning director for for a while also I 3315 02:39:00,270 --> 02:39:02,159 penned the existing 3316 02:39:02,159 --> 02:39:05,969 code that we're using right now when I say I penned it I 3317 02:39:05,969 --> 02:39:07,360 don't like to say I 3318 02:39:07,360 --> 02:39:11,500 authored it because it was done by a committee and when you 3319 02:39:11,500 --> 02:39:13,739 get stuff done by 3320 02:39:13,739 --> 02:39:17,360 a committee you have to address almost everybody's concerns 3321 02:39:17,360 --> 02:39:18,079 that's why there's 3322 02:39:18,079 --> 02:39:26,120 such a variety of different variables we tried to address 3323 02:39:26,120 --> 02:39:28,200 infill lots with the 3324 02:39:28,200 --> 02:39:31,680 one acre minimums this code doesn't address infill lots you 3325 02:39:31,680 --> 02:39:32,360 know they're 3326 02:39:32,360 --> 02:39:35,040 going to be addressed later but this code is in effect now 3327 02:39:35,040 --> 02:39:35,799 if you have one 3328 02:39:35,799 --> 02:39:39,510 tree on your property you can't remove it there or you have 3329 02:39:39,510 --> 02:39:40,639 to pay you can't 3330 02:39:40,639 --> 02:39:46,120 remove it because you can't get below 15% so you can now 3331 02:39:46,120 --> 02:39:47,719 you know if you have an 3332 02:39:47,719 --> 02:39:50,850 infill lot and there's very possible we'll have one tree I 3333 02:39:50,850 --> 02:39:52,920 have a pretty in 3334 02:39:52,920 --> 02:39:56,090 depth PowerPoint presentation you you've gotten my letter 3335 02:39:56,090 --> 02:39:56,840 you probably haven't 3336 02:39:56,840 --> 02:39:59,000 had a chance to read it I'll ask you if you want me to go 3337 02:39:59,000 --> 02:39:59,760 through the PowerPoint 3338 02:39:59,760 --> 02:40:04,579 now and you know really go into it or just hit some 3339 02:40:04,579 --> 02:40:06,680 highlights you're probably 3340 02:40:06,680 --> 02:40:09,319 just take a quick poll you guys want to see the PowerPoint 3341 02:40:09,319 --> 02:40:10,840 or you want to handle 3342 02:40:10,840 --> 02:40:17,510 that in a work session I can do it in ten the one thing I 3343 02:40:17,510 --> 02:40:19,600 will have to say 3344 02:40:19,600 --> 02:40:23,889 right now too within the presentation and the letter I sent 3345 02:40:23,889 --> 02:40:25,479 you I was totally 3346 02:40:25,479 --> 02:40:29,190 wrong with the mitigation fee I calculated I'm learning 3347 02:40:29,190 --> 02:40:30,120 that now is I 3348 02:40:30,120 --> 02:40:32,530 and I because I multiplied it by four and you're not 3349 02:40:32,530 --> 02:40:33,760 supposed to do that for 3350 02:40:33,760 --> 02:40:36,340 the mitigation I didn't include the existing trees ever 3351 02:40:36,340 --> 02:40:37,120 planted so that 3352 02:40:37,120 --> 02:40:40,030 number is way off up till you get to that point the 3353 02:40:40,030 --> 02:40:42,360 analysis was correct that 3354 02:40:42,360 --> 02:40:45,959 point which is the main point was is really wrong so I 3355 02:40:45,959 --> 02:40:47,280 wanted to say that 3356 02:40:47,280 --> 02:40:52,729 right out get that out of the way right now we have 3357 02:40:52,729 --> 02:40:54,879 philosophical differences 3358 02:40:54,879 --> 02:40:57,879 inconsistent with the comprehensive plan I'll get into that 3359 02:40:57,879 --> 02:40:58,799 missing the 3360 02:40:58,799 --> 02:41:02,319 information that we think is important for an informed 3361 02:41:02,319 --> 02:41:03,840 decision impact on the 3362 02:41:03,840 --> 02:41:06,889 property owner we don't believe is proportional to the gain 3363 02:41:06,889 --> 02:41:07,319 and the 3364 02:41:07,319 --> 02:41:11,129 economic impact we believe the tree canopy benefits the 3365 02:41:11,129 --> 02:41:12,559 entire community and 3366 02:41:12,559 --> 02:41:17,879 therefore should be a community solution not an individual 3367 02:41:17,879 --> 02:41:18,959 property owner 3368 02:41:18,959 --> 02:41:22,979 responsibility or burden we believe and it's identified in 3369 02:41:22,979 --> 02:41:23,799 the common plan that 3370 02:41:23,799 --> 02:41:26,149 the city should be purchasing and protecting and 3371 02:41:26,149 --> 02:41:27,399 maintaining important 3372 02:41:27,399 --> 02:41:32,649 tree stands not requiring individuals to do it and again we 3373 02:41:32,649 --> 02:41:33,799 believe increasing 3374 02:41:33,799 --> 02:41:36,780 the tree canopy should be done over the long term it's not 3375 02:41:36,780 --> 02:41:38,000 a quick fix you plant 3376 02:41:38,000 --> 02:41:43,159 trees they grow trees die you replace them and that's that 3377 02:41:43,159 --> 02:41:44,319 goes to the four to 3378 02:41:44,319 --> 02:41:50,200 one mitigation responsibility we believe the citywide 3379 02:41:50,200 --> 02:41:51,600 canopy we will increase 3380 02:41:51,600 --> 02:41:56,520 with development on the slide or the city to the the colors 3381 02:41:56,520 --> 02:41:58,399 to the right the 3382 02:41:58,399 --> 02:42:01,809 green areas are ag land which aren't developed they are 3383 02:42:01,809 --> 02:42:02,559 going to develop 3384 02:42:02,559 --> 02:42:07,200 that's 43% of the city there's probably not a lot of trees 3385 02:42:07,200 --> 02:42:08,719 on there on that 3386 02:42:08,719 --> 02:42:12,860 property once they get developed you look at any old subdiv 3387 02:42:12,860 --> 02:42:13,959 ision in this city 3388 02:42:13,959 --> 02:42:18,840 those are the heavily canopied properties in the city idiot 3389 02:42:18,840 --> 02:42:19,680 Hill when it 3390 02:42:19,680 --> 02:42:22,489 was developed didn't have a single tree out there now it's 3391 02:42:22,489 --> 02:42:23,559 one of the most go to 3392 02:42:23,559 --> 02:42:30,229 Google Earth and look homeowners now provide trees 3393 02:42:30,229 --> 02:42:31,639 homeowners plant trees on 3394 02:42:31,639 --> 02:42:36,319 a lot of trees and it look at ropes and ranch wasn't a 3395 02:42:36,319 --> 02:42:37,319 single tree out there when 3396 02:42:37,319 --> 02:42:39,899 it was developed there's probably there's hundreds of trees 3397 02:42:39,899 --> 02:42:40,959 have not over a 3398 02:42:40,959 --> 02:42:49,950 thousand regarding the camp plan in chapter 5 5.5 there are 3399 02:42:49,950 --> 02:42:51,559 policies and 3400 02:42:51,559 --> 02:42:55,870 actions to undertake to expand and protect tree canopy the 3401 02:42:55,870 --> 02:42:56,920 ones that are 3402 02:42:56,920 --> 02:43:00,370 underlined here conduct an urban forestry master plan some 3403 02:43:00,370 --> 02:43:01,319 of these are 3404 02:43:01,319 --> 02:43:05,049 underway right now research and determine what the goal 3405 02:43:05,049 --> 02:43:06,600 should be where 3406 02:43:06,600 --> 02:43:09,690 are we heading with tree canopy what is the appropriate 3407 02:43:09,690 --> 02:43:11,040 number and then what is 3408 02:43:11,040 --> 02:43:14,719 the appropriate number to preserve for the city of Denton 3409 02:43:14,719 --> 02:43:16,040 not for Texas not for 3410 02:43:16,040 --> 02:43:19,489 a and M what is appropriate for the city we haven't done 3411 02:43:19,489 --> 02:43:20,120 that we haven't even 3412 02:43:20,120 --> 02:43:25,159 discussed that understand the future and economic 3413 02:43:25,159 --> 02:43:26,920 development of the urban tree 3414 02:43:26,920 --> 02:43:31,520 canopy the tree value identified by staff is one way to do 3415 02:43:31,520 --> 02:43:32,719 it but at four 3416 02:43:32,719 --> 02:43:36,739 dollars and fifty cents a square foot we're saying the tree 3417 02:43:36,739 --> 02:43:37,520 canopy is more 3418 02:43:37,520 --> 02:43:42,760 valuable than the land itself you can't buy it no one's 3419 02:43:42,760 --> 02:43:44,799 selling you can't buy 3420 02:43:44,799 --> 02:43:52,639 commercial property at 450 the motion get is like 250 a 3421 02:43:52,639 --> 02:43:54,440 square foot but we're 3422 02:43:54,440 --> 02:43:57,520 saying it's valued at four dollars and fifty cents a square 3423 02:43:57,520 --> 02:43:58,520 foot that that is 3424 02:43:58,520 --> 02:44:05,090 it's not proportional to the value of the land update the 3425 02:44:05,090 --> 02:44:06,920 tree trust section 3426 02:44:06,920 --> 02:44:10,219 as we were talking that needs to be done and incorporated 3427 02:44:10,219 --> 02:44:12,239 into this code one to 3428 02:44:12,239 --> 02:44:16,260 one one to two is not an incentive to preserve trees it's 3429 02:44:16,260 --> 02:44:18,719 just not you need to 3430 02:44:18,719 --> 02:44:22,049 be almost to one to ten one to five you got to really think 3431 02:44:22,049 --> 02:44:23,079 outside the box 3432 02:44:23,079 --> 02:44:26,229 what's going to get a developer to preserve the tree as 3433 02:44:26,229 --> 02:44:27,200 opposed to cutting 3434 02:44:27,200 --> 02:44:30,620 it down and developing it and making money off the 3435 02:44:30,620 --> 02:44:32,639 development established 3436 02:44:32,639 --> 02:44:37,790 tree parks talked about and the last one is just ensure 3437 02:44:37,790 --> 02:44:39,200 that city services 3438 02:44:39,200 --> 02:44:42,420 providers aren't compliance with tree code regarding 3439 02:44:42,420 --> 02:44:44,360 trimming and pruning this 3440 02:44:44,360 --> 02:44:48,000 probably isn't the type of tree we want to really preserve 3441 02:44:48,000 --> 02:44:49,079 or promote to be 3442 02:44:49,079 --> 02:44:54,139 pruned this way and this is in the city the impact of tree 3443 02:44:54,139 --> 02:44:57,840 removal I calculated 3444 02:44:57,840 --> 02:45:02,069 based on the square miles of the city converted that to 3445 02:45:02,069 --> 02:45:03,559 acreage for the comp 3446 02:45:03,559 --> 02:45:07,280 plan we're at 19% which again in the comp plan says it's a 3447 02:45:07,280 --> 02:45:08,399 significant tree 3448 02:45:08,399 --> 02:45:13,549 canopy then calculated what the existing tree canopy was 3449 02:45:13,549 --> 02:45:15,159 and then calculated what 3450 02:45:15,159 --> 02:45:18,959 is one acre of trees how does that relate to the citywide 3451 02:45:18,959 --> 02:45:20,639 tree canopy it's 3452 02:45:20,639 --> 02:45:26,209 point zero zero nine percent not even a hundredth of a 3453 02:45:26,209 --> 02:45:28,239 percent of the existing 3454 02:45:28,239 --> 02:45:34,719 tree canopy yet an acre of trees based on a 450 square foot 3455 02:45:34,719 --> 02:45:36,239 is a hundred and 3456 02:45:36,239 --> 02:45:42,010 ninety six thousand dollars value at point zero zero nine 3457 02:45:42,010 --> 02:45:43,559 percent of the 3458 02:45:43,559 --> 02:45:47,610 existing tree canopy something isn't working out there it's 3459 02:45:47,610 --> 02:45:48,680 not proportional 3460 02:45:48,680 --> 02:45:51,239 to the impact of what's being you have to get to a hundred 3461 02:45:51,239 --> 02:45:52,120 acres before you 3462 02:45:52,120 --> 02:45:56,530 even get close to one percent of the tree canopy I'm not 3463 02:45:56,530 --> 02:45:57,280 going to go over 3464 02:45:57,280 --> 02:46:03,379 this example because I screwed it up and I apologize for 3465 02:46:03,379 --> 02:46:05,719 that from the Arlington 3466 02:46:05,719 --> 02:46:12,729 study the structural value is the issue that we take coming 3467 02:46:12,729 --> 02:46:14,840 out of that study 3468 02:46:14,840 --> 02:46:18,120 and what what the city staff is proposing to use the 3469 02:46:18,120 --> 02:46:19,799 structural value 3470 02:46:19,799 --> 02:46:25,020 there are numerous ways but the structural value is the 3471 02:46:25,020 --> 02:46:26,120 most important 3472 02:46:26,120 --> 02:46:29,309 impact getting to that dollar value two point seven five 3473 02:46:29,309 --> 02:46:30,500 billion dollars in 3474 02:46:30,500 --> 02:46:34,909 Arlington it's covered on half a page it's a full page half 3475 02:46:34,909 --> 02:46:35,840 the page is 3476 02:46:35,840 --> 02:46:39,600 pictures to talk about the structural value there is no 3477 02:46:39,600 --> 02:46:40,799 information no 3478 02:46:40,799 --> 02:46:43,329 supporting documentation is how they got to that 3479 02:46:43,329 --> 02:46:44,680 information there's not an 3480 02:46:44,680 --> 02:46:48,700 appendix there's nothing it's just we say here's the value 3481 02:46:48,700 --> 02:46:50,280 it's probably 3482 02:46:50,280 --> 02:46:56,000 correct but getting that information would be helpful and I 3483 02:46:56,000 --> 02:46:57,159 've gone through 3484 02:46:57,159 --> 02:47:00,510 the Arlington code and I'm playing phone tag with some of 3485 02:47:00,510 --> 02:47:01,760 the staff but it 3486 02:47:01,760 --> 02:47:04,760 doesn't appear that Arlington is using that value in their 3487 02:47:04,760 --> 02:47:05,799 tree preservation 3488 02:47:05,799 --> 02:47:09,430 tree mitigation requirements and I don't think it should be 3489 02:47:09,430 --> 02:47:10,760 used in ours we don't 3490 02:47:10,760 --> 02:47:15,700 think I say I a lot more the DCDA I apologize for that tree 3491 02:47:15,700 --> 02:47:17,799 values staff was 3492 02:47:17,799 --> 02:47:20,829 kind they gave me the this tree appraisals from Purdue 3493 02:47:20,829 --> 02:47:21,600 University 3494 02:47:21,600 --> 02:47:27,350 excellent reading material it's a widely accepted 3495 02:47:27,350 --> 02:47:30,719 methodology but it lists three 3496 02:47:30,719 --> 02:47:36,299 basic methods for to evaluate a plant the cost approach and 3497 02:47:36,299 --> 02:47:37,840 that's how to 3498 02:47:37,840 --> 02:47:41,520 replace it right now what's the value of to replace this 3499 02:47:41,520 --> 02:47:43,719 tree right now and that's 3500 02:47:43,719 --> 02:47:45,690 what the Arlington study does and that's what we're 3501 02:47:45,690 --> 02:47:47,579 recommended what's in the 3502 02:47:47,579 --> 02:47:51,729 code the income approach timber crop like that and then the 3503 02:47:51,729 --> 02:47:52,959 market approach 3504 02:47:52,959 --> 02:47:56,469 determine what the market value is of the property with and 3505 02:47:56,469 --> 02:47:57,559 without the tree 3506 02:47:57,559 --> 02:48:02,739 and we think it should be more related to the market value 3507 02:48:02,739 --> 02:48:04,479 of the value of the 3508 02:48:04,479 --> 02:48:08,620 tree as opposed to the cost approach and the other thing 3509 02:48:08,620 --> 02:48:10,000 that I find really 3510 02:48:10,000 --> 02:48:13,920 important in the study was that result result should be 3511 02:48:13,920 --> 02:48:14,840 reasonable in 3512 02:48:14,840 --> 02:48:19,840 relationship to the value of the property where it resides 3513 02:48:19,840 --> 02:48:21,559 and I forget 3514 02:48:21,559 --> 02:48:25,479 the number now billions of dollars a hundred and ninety six 3515 02:48:25,479 --> 02:48:26,479 thousand dollars 3516 02:48:26,479 --> 02:48:31,030 an acre that has no relationship to the value of the 3517 02:48:31,030 --> 02:48:38,479 property none so it really 3518 02:48:38,479 --> 02:48:42,540 quickly we're opposed we're not opposed to tree 3519 02:48:42,540 --> 02:48:44,959 preservation we think it's 3520 02:48:44,959 --> 02:48:49,819 important we're opposed to these regulations as they are 3521 02:48:49,819 --> 02:48:53,920 written now the 3522 02:48:53,920 --> 02:48:57,469 data that we were talking about if I may real quick there 3523 02:48:57,469 --> 02:48:58,479 you can ask me and I 3524 02:48:58,479 --> 02:49:06,530 can respond one of the examples is the nine cities that 3525 02:49:06,530 --> 02:49:09,799 were analyzed they 3526 02:49:09,799 --> 02:49:14,649 weren't and they to truly get a good analysis you almost 3527 02:49:14,649 --> 02:49:15,200 have to take the 3528 02:49:15,200 --> 02:49:19,260 same site and put it through each city's tree mitigation 3529 02:49:19,260 --> 02:49:21,600 requirements you look at 3530 02:49:21,600 --> 02:49:27,680 McKinney and this is outlined in the letter the city of McK 3531 02:49:27,680 --> 02:49:33,399 inney exempts if 3532 02:49:33,399 --> 02:49:41,790 you it says you have to replace quality tree six inches or 3533 02:49:41,790 --> 02:49:43,280 greater except where 3534 02:49:43,280 --> 02:49:48,159 they are they need to be removed to install and maintain 3535 02:49:48,159 --> 02:49:49,719 any utility line 3536 02:49:49,719 --> 02:49:54,649 dedicate public right away private streets and alleys fire 3537 02:49:54,649 --> 02:49:56,319 lanes sidewalks 3538 02:49:56,319 --> 02:50:00,600 driveways screening walls patios swimming pools parking 3539 02:50:00,600 --> 02:50:02,479 areas hiking bike trails 3540 02:50:02,479 --> 02:50:06,750 cut and fill drainage if you have to do any of that the 3541 02:50:06,750 --> 02:50:08,040 trees that are impacted 3542 02:50:08,040 --> 02:50:11,530 by that you don't have to mitigate I'm not saying we should 3543 02:50:11,530 --> 02:50:12,799 do that but when 3544 02:50:12,799 --> 02:50:16,350 you compare Denton to McKinney you have to know that 3545 02:50:16,350 --> 02:50:18,200 information and that 3546 02:50:18,200 --> 02:50:22,010 information wasn't in the analysis and it needs to be a 3547 02:50:22,010 --> 02:50:23,600 thorough analysis of 3548 02:50:23,600 --> 02:50:29,319 each city's mini tree mitigation needs to be provided so 3549 02:50:29,319 --> 02:50:30,280 you have a fair 3550 02:50:30,280 --> 02:50:34,120 comparison when you look at that the city of Denton's tree 3551 02:50:34,120 --> 02:50:35,120 preservation 3552 02:50:35,120 --> 02:50:39,760 shoots to the top compared to McKinney because we don't we 3553 02:50:39,760 --> 02:50:41,280 didn't exempt any of 3554 02:50:41,280 --> 02:50:48,079 those areas so yeah the fee of $125 now 175 sounds a little 3555 02:50:48,079 --> 02:50:48,799 bit better than what 3556 02:50:48,799 --> 02:50:56,280 McKinney does if I may I'm done so there are some things in 3557 02:50:56,280 --> 02:50:56,879 tonight's 3558 02:50:56,879 --> 02:51:02,030 presentation that we can address as we move forward the one 3559 02:51:02,030 --> 02:51:03,159 thing I think is 3560 02:51:03,159 --> 02:51:06,920 important is the exemptions that aren't in the code that 3561 02:51:06,920 --> 02:51:08,079 the common sense 3562 02:51:08,079 --> 02:51:12,309 exemptions that aren't in the code I'm sorry I've dealt 3563 02:51:12,309 --> 02:51:13,879 with codes for the my 3564 02:51:13,879 --> 02:51:17,440 whole profession common sense gets thrown out the window 3565 02:51:17,440 --> 02:51:18,360 when people start reading 3566 02:51:18,360 --> 02:51:25,250 codes you have to I think you should spell out what's you 3567 02:51:25,250 --> 02:51:26,879 can cut down a dead 3568 02:51:26,879 --> 02:51:31,590 tree you can cut down a disease tree you can cut down a 3569 02:51:31,590 --> 02:51:33,120 tree of the visibility 3570 02:51:33,120 --> 02:51:36,840 triangle those need to be in there so people know as a 3571 02:51:36,840 --> 02:51:38,040 nursery exemptor and 3572 02:51:38,040 --> 02:51:41,659 that I would think they are but the way it's written they 3573 02:51:41,659 --> 02:51:43,360 're not so they sell a 3574 02:51:43,360 --> 02:51:47,040 tree they have to mitigate that doesn't seem to make sense 3575 02:51:47,040 --> 02:51:48,479 but and I'm sure 3576 02:51:48,479 --> 02:51:51,700 that's not the intent but it's not in here and so someone 3577 02:51:51,700 --> 02:51:52,799 could look at that 3578 02:51:52,799 --> 02:52:00,399 and take advantage of that or cause problems with that and 3579 02:52:00,399 --> 02:52:01,840 I there's a 3580 02:52:01,840 --> 02:52:05,909 there's a lot of little things like that in the in the code 3581 02:52:05,909 --> 02:52:07,200 that we think still 3582 02:52:07,200 --> 02:52:09,309 need to be addressed that we had a good working 3583 02:52:09,309 --> 02:52:11,000 relationship with the city staff 3584 02:52:11,000 --> 02:52:14,819 I think we learned a lot from each other but we would like 3585 02:52:14,819 --> 02:52:16,239 to see some of these 3586 02:52:16,239 --> 02:52:20,139 other items addressed as we move forward I'd be happy to 3587 02:52:20,139 --> 02:52:21,120 answer any questions 3588 02:52:21,120 --> 02:52:27,840 have several Commissioner Roselle thank you and thank you 3589 02:52:27,840 --> 02:52:28,079 for your presentation 3590 02:52:28,079 --> 02:52:31,889 I think this PowerPoint the letter provided hopefully will 3591 02:52:31,889 --> 02:52:32,879 be valuable as 3592 02:52:32,879 --> 02:52:37,250 we go forward and continue to to figure all this out so I 3593 02:52:37,250 --> 02:52:41,559 appreciate that because 3594 02:52:41,559 --> 02:52:45,020 I'm kind of a math inclined person I want to clarify with 3595 02:52:45,020 --> 02:52:46,280 both you and staff 3596 02:52:46,280 --> 02:52:49,440 a number you threw out a hundred ninety six thousand 3597 02:52:49,440 --> 02:52:51,000 dollars per acre a couple 3598 02:52:51,000 --> 02:52:56,239 times but if I owned a acre of land that was fully treed I 3599 02:52:56,239 --> 02:52:57,840 can cut down 70% of 3600 02:52:57,840 --> 02:53:02,239 that with no mitigation another 15% with mitigation so if I 3601 02:53:02,239 --> 02:53:02,760 was to cut down 3602 02:53:02,760 --> 02:53:06,680 eighty five percent of all the trees on the acre leave only 3603 02:53:06,680 --> 02:53:08,639 15% of trees that 3604 02:53:08,639 --> 02:53:13,639 would cost $29,000 but it's still what is it a hundred 3605 02:53:13,639 --> 02:53:15,319 ninety six thousand 3606 02:53:15,319 --> 02:53:19,399 dollars an acre so you're using I'm just taking it up to 3607 02:53:19,399 --> 02:53:20,840 four dollars and fifty 3608 02:53:20,840 --> 02:53:26,290 cents a square foot is 196 thousand dollars I just 3609 02:53:26,290 --> 02:53:28,040 multiplied it by 43 560 3610 02:53:28,040 --> 02:53:33,420 just as developers look at what's the cost per acre when 3611 02:53:33,420 --> 02:53:35,319 they develop and they 3612 02:53:35,319 --> 02:53:38,729 expand that out when you buy commercial property usually by 3613 02:53:38,729 --> 02:53:39,799 that by the square 3614 02:53:39,799 --> 02:53:46,489 foot residential property large developments and you could 3615 02:53:46,489 --> 02:53:48,760 have enough 3616 02:53:48,760 --> 02:53:52,049 trees on your property that you get down to where you have 3617 02:53:52,049 --> 02:53:53,159 to mitigate for an 3618 02:53:53,159 --> 02:53:56,680 acre of trees lost sure in an exact that example if you're 3619 02:53:56,680 --> 02:53:57,639 actually tearing down 3620 02:53:57,639 --> 02:54:00,920 within the limits like an acre of trees that means the 3621 02:54:00,920 --> 02:54:02,399 property you're developing 3622 02:54:02,399 --> 02:54:07,000 is over 15 acres for you to get down to an acre of trees 3623 02:54:07,000 --> 02:54:08,680 being the 15 like 15% 3624 02:54:08,680 --> 02:54:14,920 that you're allowed to cut down to okay well in the McKin 3625 02:54:14,920 --> 02:54:18,239 ney example the 15% 3626 02:54:18,239 --> 02:54:29,149 the 30% represented 5.4 acres so 15% represented 2.6 2.7 3627 02:54:29,149 --> 02:54:30,520 acres doing the 3628 02:54:30,520 --> 02:54:35,059 man of mitigation now where I got a skewed I you know I 3629 02:54:35,059 --> 02:54:35,920 multiplied that by 3630 02:54:35,920 --> 02:54:38,600 four I don't have to do that and we planted there were over 3631 02:54:38,600 --> 02:54:39,760 300 some trees 3632 02:54:39,760 --> 02:54:42,530 planted on the property so there's there's some conversions 3633 02:54:42,530 --> 02:54:43,239 there but it's 3634 02:54:43,239 --> 02:54:47,479 two and a half acres of mitigation that needed to be done 3635 02:54:47,479 --> 02:54:48,840 on that property 3636 02:54:48,840 --> 02:54:56,750 assuming the same site plan like and such sir okay 3637 02:54:56,750 --> 02:54:59,440 commissioner Dadowitz 3638 02:54:59,440 --> 02:55:03,459 you're representing the DCDA correct correct and I'm 3639 02:55:03,459 --> 02:55:04,760 reading from staff notes 3640 02:55:04,760 --> 02:55:09,159 here following the P&Z presentation on March 23rd 2016 3641 02:55:09,159 --> 02:55:10,440 staff held a series of 3642 02:55:10,440 --> 02:55:13,059 meetings with several stakeholders groups to provide 3643 02:55:13,059 --> 02:55:14,360 additional opportunities for 3644 02:55:14,360 --> 02:55:17,969 review of the proposed revisions and to receive additional 3645 02:55:17,969 --> 02:55:19,120 feedback and you're 3646 02:55:19,120 --> 02:55:23,139 listed as one of the five groups that did you have such 3647 02:55:23,139 --> 02:55:24,760 meetings we've had we 3648 02:55:24,760 --> 02:55:28,729 had three or four and probably four I think and you brought 3649 02:55:28,729 --> 02:55:29,959 up these types of 3650 02:55:29,959 --> 02:55:32,879 concern brought up a number of these issues yes okay and I 3651 02:55:32,879 --> 02:55:33,840 think they were 3652 02:55:33,840 --> 02:55:38,399 all identified in that the table that you that you received 3653 02:55:38,399 --> 02:55:38,920 the comparison 3654 02:55:38,920 --> 02:55:42,600 table that all our issues were okay the majority of the 3655 02:55:42,600 --> 02:55:43,440 issues were identified 3656 02:55:43,440 --> 02:55:46,329 do you believe that within the discussions you've had and 3657 02:55:46,329 --> 02:55:47,079 going forward 3658 02:55:47,079 --> 02:55:50,309 there is some compromise and some give-and-take in the 3659 02:55:50,309 --> 02:55:51,520 process that we can 3660 02:55:51,520 --> 02:56:01,139 come to meeting of the mines honestly I think I think you 3661 02:56:01,139 --> 02:56:02,959 're finding out why 3662 02:56:02,959 --> 02:56:06,180 there were there was a three-year period where the tree 3663 02:56:06,180 --> 02:56:07,479 preservation regular 3664 02:56:07,479 --> 02:56:11,399 regulations were tried they tried to amend them and they 3665 02:56:11,399 --> 02:56:12,479 always got to a 3666 02:56:12,479 --> 02:56:17,739 point and it was like oh my gosh what do we do it's such a 3667 02:56:17,739 --> 02:56:21,840 polarizing topic tree 3668 02:56:21,840 --> 02:56:24,680 preservation no one can argue the value of the tree and the 3669 02:56:24,680 --> 02:56:25,680 benefits that the 3670 02:56:25,680 --> 02:56:30,440 tree gives the community again now what do you do with that 3671 02:56:30,440 --> 02:56:31,520 information from our 3672 02:56:31,520 --> 02:56:34,149 perspective it's a community issue that needs should be 3673 02:56:34,149 --> 02:56:35,399 addressed yeah I'm 3674 02:56:35,399 --> 02:56:38,489 willing to pay more in taxes to preserve trees for the city 3675 02:56:38,489 --> 02:56:39,319 to go out and buy 3676 02:56:39,319 --> 02:56:42,479 property to preserve it I don't know if the majority of the 3677 02:56:42,479 --> 02:56:43,159 city of Denton 3678 02:56:43,159 --> 02:56:48,020 residents would be willing to do that so you know it's it's 3679 02:56:48,020 --> 02:56:50,760 a tough one in quite 3680 02:56:50,760 --> 02:56:54,590 honestly I think a lot of folks look at it and say make the 3681 02:56:54,590 --> 02:56:57,280 developer do it and 3682 02:56:57,280 --> 02:57:01,299 we don't think that's fair we will do our fair share but we 3683 02:57:01,299 --> 02:57:01,719 're not going to 3684 02:57:01,719 --> 02:57:04,700 carry the entire burden from from your perspective what is 3685 02:57:04,700 --> 02:57:05,760 the one or two main 3686 02:57:05,760 --> 02:57:09,989 issues that you do feel that are just not compromisable or 3687 02:57:09,989 --> 02:57:11,360 just you got a 3688 02:57:11,360 --> 02:57:14,360 I don't think we have any issues that are not compromisable 3689 02:57:14,360 --> 02:57:15,399 okay I think we're 3690 02:57:15,399 --> 02:57:19,700 trying to identify what our concerns are I think we're we 3691 02:57:19,700 --> 02:57:21,000 're open to a lot of 3692 02:57:21,000 --> 02:57:25,709 that for me the number one issue would be the 450 a square 3693 02:57:25,709 --> 02:57:27,200 foot and my answer 3694 02:57:27,200 --> 02:57:33,680 is 40 to 50 cents a square foot I knew you were gonna ask 3695 02:57:33,680 --> 02:57:35,719 40 to 50 cents a 3696 02:57:35,719 --> 02:57:43,700 square foot and that's based on I apologize well that's why 3697 02:57:43,700 --> 02:57:43,920 I brought it 3698 02:57:43,920 --> 02:57:46,940 up earlier what how did we get to the 450 and so I knew we 3699 02:57:46,940 --> 02:57:48,000 're all thinking the 3700 02:57:48,000 --> 02:57:50,610 same thing here so I appreciate the comment and and then 3701 02:57:50,610 --> 02:57:51,479 the answer by the 3702 02:57:51,479 --> 02:57:56,899 way that that value that 450 has a rightful value of what 3703 02:57:56,899 --> 02:57:58,399 is the replacement 3704 02:57:58,399 --> 02:58:01,690 value of the city of Denton tree canopy if you pulled it 3705 02:58:01,690 --> 02:58:03,040 all out and wanted to 3706 02:58:03,040 --> 02:58:07,639 reestablish it right now that's how much it would cost we 3707 02:58:07,639 --> 02:58:09,360 think that's not a the 3708 02:58:09,360 --> 02:58:14,399 proper way to do that because it is a long-term solution 3709 02:58:14,399 --> 02:58:15,319 you look at the 3710 02:58:15,319 --> 02:58:19,239 developments I mean the the pictures of the newly created 3711 02:58:19,239 --> 02:58:20,559 subdivision all 3712 02:58:20,559 --> 02:58:23,059 subdivisions look like that when they're when they start 3713 02:58:23,059 --> 02:58:24,159 out almost unless it's a 3714 02:58:24,159 --> 02:58:27,610 really exclusive subdivision go back in ten years go back 3715 02:58:27,610 --> 02:58:28,680 and you can do this 3716 02:58:28,680 --> 02:58:32,959 very easily on Google Earth just by looking well this 3717 02:58:32,959 --> 02:58:33,879 subdivision was built 3718 02:58:33,879 --> 02:58:36,219 about ten years ago what's this look like now oh this one 3719 02:58:36,219 --> 02:58:37,239 was built about 20 3720 02:58:37,239 --> 02:58:40,760 look at the ones that were built 30 and 40 and 50 years ago 3721 02:58:40,760 --> 02:58:41,680 you can't even see a 3722 02:58:41,680 --> 02:58:46,219 rooftop there's so many trees planted I understand that 3723 02:58:46,219 --> 02:58:47,200 because I have a house 3724 02:58:47,200 --> 02:58:50,379 that's five years old and I'm trimming trees right now yeah 3725 02:58:50,379 --> 02:58:51,360 because it's you 3726 02:58:51,360 --> 02:58:55,079 know but blocking and it and it's not written in the code 3727 02:58:55,079 --> 02:58:56,760 but right now if you 3728 02:58:56,760 --> 02:58:59,100 wanted to cut down one of your trees you're gonna need a 3729 02:58:59,100 --> 02:59:00,000 tree survey to get a 3730 02:59:00,000 --> 02:59:02,770 permit from the city of Denton to cut down your tree if it 3731 02:59:02,770 --> 02:59:03,920 's over three inches 3732 02:59:03,920 --> 02:59:08,879 or six inches in size you're not exempt and you're gonna 3733 02:59:08,879 --> 02:59:10,239 need a tree survey on 3734 02:59:10,239 --> 02:59:13,540 every property to determine where the 18 inches ain't 18 3735 02:59:13,540 --> 02:59:15,559 inch trees are and where 3736 02:59:15,559 --> 02:59:18,250 are the three inch trees that I can cut down without a 3737 02:59:18,250 --> 02:59:19,840 permit you're still gonna 3738 02:59:19,840 --> 02:59:24,069 need a survey doing it by aerials is very easy to do and I 3739 02:59:24,069 --> 02:59:25,479 agree with that if 3740 02:59:25,479 --> 02:59:29,879 it's a if it's a heavily wooded area you get a sparsely tre 3741 02:59:29,879 --> 02:59:31,959 ed site try to pick 3742 02:59:31,959 --> 02:59:35,329 out where that canopy is and those little that's going to 3743 02:59:35,329 --> 02:59:36,239 be the difficulty 3744 02:59:36,239 --> 02:59:38,940 on the on the sites that have very few trees and the sites 3745 02:59:38,940 --> 02:59:39,840 that have a lot of 3746 02:59:39,840 --> 02:59:43,360 trees you outline it you know I did it on the McKinney 3747 02:59:43,360 --> 02:59:44,760 Street example it wasn't 3748 02:59:44,760 --> 02:59:48,319 that difficult because I had a decent aerial and we had you 3749 02:59:48,319 --> 02:59:50,760 know so there's 3750 02:59:50,760 --> 02:59:54,290 issues and again that's why the existing code got 3751 02:59:54,290 --> 02:59:55,920 complicated how do you deal 3752 02:59:55,920 --> 02:59:58,670 with the small site with just a couple trees how do you 3753 02:59:58,670 --> 02:59:59,799 deal with the infill 3754 02:59:59,799 --> 03:00:04,200 site how do you deal with this but the new code getting 3755 03:00:04,200 --> 03:00:05,639 down to the trees that 3756 03:00:05,639 --> 03:00:10,000 are exempt now that you know that's great that's you know 3757 03:00:10,000 --> 03:00:11,239 there's a lot there 3758 03:00:11,239 --> 03:00:15,049 are a number of things in this exists the proposed code 3759 03:00:15,049 --> 03:00:18,520 that we do like sorry 3760 03:00:18,520 --> 03:00:22,840 Commissioner Hedgemouth thank you sir okay so we'll get to 3761 03:00:22,840 --> 03:00:24,000 the number again I 3762 03:00:24,000 --> 03:00:25,799 just want to make sure I have that right I'm not gonna 3763 03:00:25,799 --> 03:00:26,639 crunch them I'm not gonna 3764 03:00:26,639 --> 03:00:29,440 do math on the fly I'm a whole number specialist from one 3765 03:00:29,440 --> 03:00:32,639 to ten that's it so 3766 03:00:32,639 --> 03:00:36,000 word of caution first looking at your slide number three 3767 03:00:36,000 --> 03:00:38,959 where you say cities 3768 03:00:38,959 --> 03:00:43,620 should purchase and protect and maintain important tree 3769 03:00:43,620 --> 03:00:45,920 stands I don't ask you to 3770 03:00:45,920 --> 03:00:49,579 respond to that I just say tread softly because next thing 3771 03:00:49,579 --> 03:00:50,440 you know you have a 3772 03:00:50,440 --> 03:00:53,020 piece of property in the city says we want to buy this 3773 03:00:53,020 --> 03:00:54,000 chunk and that goes 3774 03:00:54,000 --> 03:01:01,479 right back to what Rod touched on the tree ill-placed is a 3775 03:01:01,479 --> 03:01:02,520 problem so now 3776 03:01:02,520 --> 03:01:05,950 you're inviting that I don't want to I'm just saying you're 3777 03:01:05,950 --> 03:01:07,239 saying hey city come 3778 03:01:07,239 --> 03:01:10,840 pick out the trees you want and you purchase them from me 3779 03:01:10,840 --> 03:01:12,040 and that seems 3780 03:01:12,040 --> 03:01:17,200 I would say I don't want the city to condemn the property 3781 03:01:17,200 --> 03:01:18,520 and take the trees 3782 03:01:18,520 --> 03:01:21,879 I want the city to pay fair market value for the property 3783 03:01:21,879 --> 03:01:23,360 that has the trees and 3784 03:01:23,360 --> 03:01:27,290 that'll take me to your next point so you say it's just we 3785 03:01:27,290 --> 03:01:28,600 should spell out 3786 03:01:28,600 --> 03:01:33,840 what's in the in the ordinance what exempted that and that 3787 03:01:33,840 --> 03:01:35,200 's not based on 3788 03:01:35,200 --> 03:01:38,000 reality I mean it just isn't I work in the legal industry 3789 03:01:38,000 --> 03:01:38,920 and I can find an 3790 03:01:38,920 --> 03:01:42,809 attorney to challenge anything and we live in the land of 3791 03:01:42,809 --> 03:01:44,280 the Constitution and 3792 03:01:44,280 --> 03:01:46,889 everything gets run up to the Supreme Court and they argue 3793 03:01:46,889 --> 03:01:47,639 about that then 3794 03:01:47,639 --> 03:01:51,200 states sue again so that that's not in my humble opinion 3795 03:01:51,200 --> 03:01:52,159 that's not based on 3796 03:01:52,159 --> 03:01:56,389 reality to write every contingency and and that's my point 3797 03:01:56,389 --> 03:01:57,520 exactly in your 3798 03:01:57,520 --> 03:02:02,020 slide you don't you don't specify purchase under these 3799 03:02:02,020 --> 03:02:02,479 particular 3800 03:02:02,479 --> 03:02:05,489 circumstances you just said hey the city should purchase it 3801 03:02:05,489 --> 03:02:06,520 and there's more to 3802 03:02:06,520 --> 03:02:12,440 that and I understand that but I think I just want 3803 03:02:14,040 --> 03:02:18,579 stakeholders in the city to get to a realistic conversation 3804 03:02:18,579 --> 03:02:19,760 right and so I 3805 03:02:19,760 --> 03:02:23,309 think to normalize a conversation here's some things we 3806 03:02:23,309 --> 03:02:24,920 cannot do we cannot write 3807 03:02:24,920 --> 03:02:29,760 a contract or anything that is going to be ironclad it just 3808 03:02:29,760 --> 03:02:31,479 doesn't exist it not 3809 03:02:31,479 --> 03:02:34,489 and not on this earth as we live today there's not one 3810 03:02:34,489 --> 03:02:35,920 document that can't be 3811 03:02:35,920 --> 03:02:39,340 challenged that's just it's not reality and so I think if 3812 03:02:39,340 --> 03:02:40,520 we normalize it to 3813 03:02:40,520 --> 03:02:44,530 let's get down to what we can actually do I think we'll get 3814 03:02:44,530 --> 03:02:47,399 down the road but 3815 03:02:47,399 --> 03:02:56,329 my other point is you touch just now on exclusive 3816 03:02:56,329 --> 03:02:59,799 neighborhoods your words have 3817 03:02:59,799 --> 03:03:03,120 exclusive yeah yeah you said you said exclusive and you 3818 03:03:03,120 --> 03:03:04,600 said and talking about 3819 03:03:04,600 --> 03:03:08,559 higher-end neighborhoods have more trees if you will so if 3820 03:03:08,559 --> 03:03:10,079 I miss quoted you know 3821 03:03:10,079 --> 03:03:12,399 no I'm not probably said that I should have said larger lot 3822 03:03:12,399 --> 03:03:12,879 neighborhoods 3823 03:03:12,879 --> 03:03:18,680 whatever it is we can agree that that is a sign of a it 3824 03:03:18,680 --> 03:03:20,360 adds value to the 3825 03:03:20,360 --> 03:03:22,709 neighborhood you drive around South Lake you drive around 3826 03:03:22,709 --> 03:03:23,600 flower mound these 3827 03:03:23,600 --> 03:03:27,010 gated communities this that and the other are gonna have 3828 03:03:27,010 --> 03:03:28,079 these tree plots 3829 03:03:28,079 --> 03:03:33,030 and I say that only to say the city of Denton has a market 3830 03:03:33,030 --> 03:03:34,600 for and in need of 3831 03:03:34,600 --> 03:03:37,930 higher-end housing I mean that's been every study on the 3832 03:03:37,930 --> 03:03:40,319 planet so maybe this 3833 03:03:40,319 --> 03:03:43,319 is a way to get there maybe it's a way to streamline it to 3834 03:03:43,319 --> 03:03:44,600 a we're not building 3835 03:03:44,600 --> 03:03:47,540 we're building certain homes where you can get you the bang 3836 03:03:47,540 --> 03:03:48,280 for your buck I 3837 03:03:48,280 --> 03:03:52,889 don't know that's not that's not my area of focus my focus 3838 03:03:52,889 --> 03:03:54,280 is if we can get past 3839 03:03:54,280 --> 03:03:57,639 some of these wedge issues and get down to and have a 3840 03:03:57,639 --> 03:03:59,319 realistic conversation I 3841 03:03:59,319 --> 03:04:02,700 think we can we can get along way can I address that 3842 03:04:02,700 --> 03:04:06,280 absolutely it the reason I 3843 03:04:06,280 --> 03:04:10,540 said that because large lot developments have the ability 3844 03:04:10,540 --> 03:04:12,280 to be able to work in 3845 03:04:12,280 --> 03:04:16,899 where the pad is okay and just work in a smaller area I don 3846 03:04:16,899 --> 03:04:17,520 't have to work around 3847 03:04:17,520 --> 03:04:21,389 the entire property when you do a typical subdivision when 3848 03:04:21,389 --> 03:04:21,799 it is 3849 03:04:21,799 --> 03:04:25,969 constructed you have geotechnical reports typically that 3850 03:04:25,969 --> 03:04:26,559 say here's what 3851 03:04:26,559 --> 03:04:31,079 you have to do underneath the pad of this house to make it 3852 03:04:31,079 --> 03:04:32,920 be acceptable to 3853 03:04:32,920 --> 03:04:36,159 put a foundation on it typically it means dig out some dirt 3854 03:04:36,159 --> 03:04:37,600 put it back in 3855 03:04:37,600 --> 03:04:44,989 at certain dampness levels compact it put another lip and a 3856 03:04:44,989 --> 03:04:46,799 certain so you have 3857 03:04:46,799 --> 03:04:49,540 to do that and when you're doing a large lot an acre 3858 03:04:49,540 --> 03:04:51,059 development you do you do 3859 03:04:51,059 --> 03:04:55,799 it pad per pad when you do a typical subdivision the 3860 03:04:55,799 --> 03:04:57,559 economy of scales you do 3861 03:04:57,559 --> 03:05:01,989 all the pads on one side of the street at the same time mm- 3862 03:05:01,989 --> 03:05:03,559 hmm so the way 3863 03:05:03,559 --> 03:05:07,620 construction happens in the real world which I think 3864 03:05:07,620 --> 03:05:09,440 everybody needs to also 3865 03:05:09,440 --> 03:05:15,120 understand preserving that individual tree between the lots 3866 03:05:15,120 --> 03:05:16,159 you can't do it 3867 03:05:16,159 --> 03:05:19,829 the geotechnical report will probably say keep trees five 3868 03:05:19,829 --> 03:05:20,879 to ten feet away 3869 03:05:20,879 --> 03:05:26,840 from the foundation of the house or else we won't warranty 3870 03:05:26,840 --> 03:05:29,360 the foundation okay so 3871 03:05:29,360 --> 03:05:35,159 the trees have to go in that area and now you have drainage 3872 03:05:35,159 --> 03:05:36,120 responsibilities 3873 03:05:36,120 --> 03:05:39,520 that the city of Denton put on you know in subdivision you 3874 03:05:39,520 --> 03:05:40,639 can't let your water 3875 03:05:40,639 --> 03:05:43,829 from one lot go across another one so every lot has to 3876 03:05:43,829 --> 03:05:44,920 drain towards the 3877 03:05:44,920 --> 03:05:49,319 street typically you have to grade that lot to do that so 3878 03:05:49,319 --> 03:05:49,879 there's a lot of 3879 03:05:49,879 --> 03:05:52,389 things and I agree with you but there's a lot of things in 3880 03:05:52,389 --> 03:05:53,479 the construction end 3881 03:05:53,479 --> 03:05:57,750 of this too that need to be understood to understand it 3882 03:05:57,750 --> 03:05:59,200 again where we're 3883 03:05:59,200 --> 03:06:03,479 coming from sure and if I may only thing I want to end with 3884 03:06:03,479 --> 03:06:05,559 is I think we can all 3885 03:06:05,559 --> 03:06:09,399 agree that the city of Denton has done a less than great 3886 03:06:09,399 --> 03:06:11,200 job with the tree canopy 3887 03:06:11,200 --> 03:06:15,360 right currently or tree I will not agree to that okay great 3888 03:06:15,360 --> 03:06:17,000 I say we've done a 3889 03:06:17,000 --> 03:06:19,819 less than great job and taking care of trees and I can I 3890 03:06:19,819 --> 03:06:21,000 ask you based on what 3891 03:06:21,000 --> 03:06:26,700 sure based on the you see a rush of developers coming in 3892 03:06:26,700 --> 03:06:29,200 under the current to 3893 03:06:29,200 --> 03:06:34,350 get under the radar under the currents standard to tear 3894 03:06:34,350 --> 03:06:35,840 down trees as quickly 3895 03:06:35,840 --> 03:06:38,340 as they can we just had an issue of that a couple of weeks 3896 03:06:38,340 --> 03:06:39,239 ago where we couldn't 3897 03:06:39,239 --> 03:06:42,930 do anything about it and they just scout the place and so 3898 03:06:42,930 --> 03:06:44,600 yes I think that that's 3899 03:06:44,600 --> 03:06:48,229 motor and I'm just saying if I if I proffer a deal and 3900 03:06:48,229 --> 03:06:49,680 someone does not 3901 03:06:49,680 --> 03:06:52,540 hesitate like if you if you show up and like I got a car 3902 03:06:52,540 --> 03:06:53,680 for you and you just 3903 03:06:53,680 --> 03:06:56,350 sign on the dotted line and drive off that's a problem 3904 03:06:56,350 --> 03:06:57,200 there needs to be some 3905 03:06:57,200 --> 03:07:00,000 negotiations I mean it's just just reading the tea leaves 3906 03:07:00,000 --> 03:07:00,760 right I'm not 3907 03:07:00,760 --> 03:07:02,879 I'm not crunching numbers I'm just reading the tea leaves 3908 03:07:02,879 --> 03:07:03,479 what's the hurry 3909 03:07:03,479 --> 03:07:07,280 what is the hurry to get it done but for some nefarious 3910 03:07:07,280 --> 03:07:09,000 means some motivation 3911 03:07:09,000 --> 03:07:11,399 some whatever it is I'm not saying it's good bad and 3912 03:07:11,399 --> 03:07:12,319 different it's saving money 3913 03:07:12,319 --> 03:07:15,559 I'm all for saving money you know so the place where the 3914 03:07:15,559 --> 03:07:16,639 economy is right now 3915 03:07:16,639 --> 03:07:19,879 sure to sell houses the interest rates are low so you want 3916 03:07:19,879 --> 03:07:20,360 to get your 3917 03:07:20,360 --> 03:07:23,079 development on the ground as soon as possible okay so in my 3918 03:07:23,079 --> 03:07:23,920 humble opinion 3919 03:07:23,920 --> 03:07:28,559 we've not done well okay okay and so then that is the very 3920 03:07:28,559 --> 03:07:29,719 basis if I start 3921 03:07:29,719 --> 03:07:32,170 with that emphasis that hey I don't think the city of didn 3922 03:07:32,170 --> 03:07:32,920 't has done well 3923 03:07:32,920 --> 03:07:37,520 preserving trees then your numbers quoting the status quo 3924 03:07:37,520 --> 03:07:38,760 were automatically 3925 03:07:38,760 --> 03:07:43,120 at odds I mean if you don't think that the current standard 3926 03:07:43,120 --> 03:07:43,920 if you think the 3927 03:07:43,920 --> 03:07:47,440 current standard for trees is okay and that's what you base 3928 03:07:47,440 --> 03:07:48,520 your your number 3929 03:07:48,520 --> 03:07:51,729 that's not that that says it says if all you do is maintain 3930 03:07:51,729 --> 03:07:53,079 the status the 3931 03:07:53,079 --> 03:07:55,590 existing tree all you're doing is maintaining the status 3932 03:07:55,590 --> 03:07:56,680 quo in order to 3933 03:07:56,680 --> 03:07:59,299 increase tree canopy you need to plant trees that's what 3934 03:07:59,299 --> 03:08:01,079 that says right and so 3935 03:08:01,079 --> 03:08:07,420 I disagree and so based on that I disagree one two three 3936 03:08:07,420 --> 03:08:09,120 four five six eight 3937 03:08:09,120 --> 03:08:12,500 or nine whatever slide that is you know I disagree and so 3938 03:08:12,500 --> 03:08:13,680 just for what it's 3939 03:08:13,680 --> 03:08:17,700 worth just so it's out there I don't think we should we 3940 03:08:17,700 --> 03:08:19,719 should the the goal 3941 03:08:19,719 --> 03:08:23,780 is to get better every day and not maintain nothing stays 3942 03:08:23,780 --> 03:08:24,399 the same either 3943 03:08:24,399 --> 03:08:27,079 gets better or worse again in my humble opinion we can 3944 03:08:27,079 --> 03:08:28,399 disagree but I'm done 3945 03:08:28,399 --> 03:08:34,639 thank you okay a couple more questions Commissioner Tyler 3946 03:08:34,639 --> 03:08:37,120 thank you Mr. 3947 03:08:37,120 --> 03:08:41,719 Reichardt I have a just a couple of questions I think I 3948 03:08:41,719 --> 03:08:42,520 actually agree with 3949 03:08:42,520 --> 03:08:44,870 you on the single-family and small lot exemption I think 3950 03:08:44,870 --> 03:08:45,799 that's that is going 3951 03:08:45,799 --> 03:08:49,559 to be a challenge I think it's going to be addressed let me 3952 03:08:49,559 --> 03:08:51,159 find my question 3953 03:08:51,159 --> 03:08:57,120 written down somewhere oh yeah I noticed in the first page 3954 03:08:57,120 --> 03:08:57,479 of the letter 3955 03:08:57,479 --> 03:09:03,239 you mentioned landscape regulations as a better solution I 3956 03:09:03,239 --> 03:09:05,719 think that's a there 3957 03:09:05,719 --> 03:09:08,620 there are two aspects I think of tree ordinance one is 3958 03:09:08,620 --> 03:09:09,760 preservation you know 3959 03:09:09,760 --> 03:09:12,770 buying sections of forests to preserve and then there is 3960 03:09:12,770 --> 03:09:13,920 the like street tree 3961 03:09:13,920 --> 03:09:20,379 built atmosphere so on landscape regulations you have a lot 3962 03:09:20,379 --> 03:09:20,879 of experience 3963 03:09:20,879 --> 03:09:25,239 in this area what kind of what could we do in single-family 3964 03:09:25,239 --> 03:09:26,479 areas to encourage 3965 03:09:26,479 --> 03:09:30,809 the what we're looking for the desirable street tree we are 3966 03:09:30,809 --> 03:09:31,719 there already is a 3967 03:09:31,719 --> 03:09:37,139 street tree requirement and an aside note the proposed code 3968 03:09:37,139 --> 03:09:38,719 exempts the city of 3969 03:09:38,719 --> 03:09:41,659 Denton from having to have to plant street trees it's in 3970 03:09:41,659 --> 03:09:43,040 this code right now 3971 03:09:43,040 --> 03:09:46,579 I don't know if you knew that there is a section that 3972 03:09:46,579 --> 03:09:48,120 exempts the city of Denton 3973 03:09:48,120 --> 03:09:55,030 from planting street trees so there is already a on my the 3974 03:09:55,030 --> 03:09:56,600 way I look at 3975 03:09:56,600 --> 03:09:59,350 residential developments I look from the front of the from 3976 03:09:59,350 --> 03:10:00,440 the front of the house 3977 03:10:00,440 --> 03:10:03,760 to the other side of the street that's the public realm 3978 03:10:03,760 --> 03:10:05,280 okay what happens in 3979 03:10:05,280 --> 03:10:09,190 that area is what I think the city should be concerned with 3980 03:10:09,190 --> 03:10:09,840 you know the 3981 03:10:09,840 --> 03:10:12,620 safety in the backyard and shed locations that that's 3982 03:10:12,620 --> 03:10:13,879 different but as far as 3983 03:10:13,879 --> 03:10:16,440 landscape and an image that's where that's where you get 3984 03:10:16,440 --> 03:10:17,120 your bang for your 3985 03:10:17,120 --> 03:10:20,219 buck there already is a street tree planting requirement 3986 03:10:20,219 --> 03:10:21,200 and again I haven't 3987 03:10:21,200 --> 03:10:25,120 done work in the city in a number of years but there's a 3988 03:10:25,120 --> 03:10:26,639 street tree planting 3989 03:10:26,639 --> 03:10:32,969 requirement I think it's having you know most developers I 3990 03:10:32,969 --> 03:10:34,280 can't say all but most 3991 03:10:34,280 --> 03:10:39,280 developers will plant at least one if not two trees per lot 3992 03:10:39,280 --> 03:10:41,600 I think the city 3993 03:10:41,600 --> 03:10:45,950 needs to look at that a little closer and you really need 3994 03:10:45,950 --> 03:10:47,239 to dive into it a 3995 03:10:47,239 --> 03:10:50,059 little bit because there's requirements in the code that a 3996 03:10:50,059 --> 03:10:50,840 tree has to be X 3997 03:10:50,840 --> 03:10:56,149 number of feet away from a sanitary sewer line a water line 3998 03:10:56,149 --> 03:10:58,040 sidewalk and 3999 03:10:58,040 --> 03:11:01,569 mailbox driveway so when you get down to it there's very 4000 03:11:01,569 --> 03:11:03,079 limited space on some 4001 03:11:03,079 --> 03:11:06,540 lots where you can actually put a tree but you maybe make a 4002 03:11:06,540 --> 03:11:07,639 regulation that 4003 03:11:07,639 --> 03:11:11,360 there has to be at least one at least or maybe depend on a 4004 03:11:11,360 --> 03:11:12,719 lot with number of 4005 03:11:12,719 --> 03:11:19,760 trees per front yard and I agree that and I think the 4006 03:11:19,760 --> 03:11:21,200 street trees if I'm not 4007 03:11:21,200 --> 03:11:24,620 mistaken I'm not sure if they can be planted in the right 4008 03:11:24,620 --> 03:11:26,559 away or not there 4009 03:11:26,559 --> 03:11:30,920 was when I was at the city we had a huge roundtable 4010 03:11:30,920 --> 03:11:33,000 discussion if you will with 4011 03:11:33,000 --> 03:11:37,809 the streets and utilities and that little five foot 4012 03:11:37,809 --> 03:11:39,760 landscape strip I think 4013 03:11:39,760 --> 03:11:43,250 was utilities didn't want the trees to go in there so now 4014 03:11:43,250 --> 03:11:44,399 you're pushing them 4015 03:11:44,399 --> 03:11:47,959 out in the back into the front yards and you're not going 4016 03:11:47,959 --> 03:11:49,239 to get that streetscape 4017 03:11:49,239 --> 03:11:53,180 I'm all for planting the trees in the tree island I think 4018 03:11:53,180 --> 03:11:54,239 you get the better 4019 03:11:54,239 --> 03:11:58,260 the better appearance the better look I personally I think 4020 03:11:58,260 --> 03:12:00,120 each street each 4021 03:12:00,120 --> 03:12:04,500 street should be the same species that's where you get the 4022 03:12:04,500 --> 03:12:05,920 real nice look and 4023 03:12:05,920 --> 03:12:09,530 then the next street can be a different species it unifies 4024 03:12:09,530 --> 03:12:11,079 the street you can 4025 03:12:11,079 --> 03:12:16,440 use a root barrier under the sidewalks and adjacent to the 4026 03:12:16,440 --> 03:12:17,319 utilities to keep 4027 03:12:17,319 --> 03:12:23,299 the roots out of the trees or out of the utilities so there 4028 03:12:23,299 --> 03:12:24,040 's there's a number 4029 03:12:24,040 --> 03:12:27,879 of things where the location of where that street tree is 4030 03:12:27,879 --> 03:12:29,120 required is probably 4031 03:12:29,120 --> 03:12:32,840 the first thing to look at in the code thank you sure 4032 03:12:32,840 --> 03:12:36,969 Commissioner Roselle I appreciate the second go at this I 4033 03:12:36,969 --> 03:12:38,040 hope I keep this 4034 03:12:38,040 --> 03:12:41,280 short your last slide with the numbers was actually quite 4035 03:12:41,280 --> 03:12:42,040 helpful for me to 4036 03:12:42,040 --> 03:12:45,799 understand I understand that you multiplied by four so the 4037 03:12:45,799 --> 03:12:46,799 numbers aren't 4038 03:12:46,799 --> 03:12:54,500 exactly accurate here's my last slide yeah this one no no 4039 03:12:54,500 --> 03:12:55,360 it actually has the 4040 03:12:55,360 --> 03:12:59,280 chart oh she did it's where he came up with a hundred 4041 03:12:59,280 --> 03:13:00,879 ninety six thousand 4042 03:13:00,879 --> 03:13:03,639 dollars or whatever this one no it's actually just like an 4043 03:13:03,639 --> 03:13:04,239 Excel spreadsheet 4044 03:13:04,239 --> 03:13:11,870 oh the one per tree here that one no it's I don't think it 4045 03:13:11,870 --> 03:13:14,000 matters it's the 4046 03:13:14,000 --> 03:13:16,819 page that says there's a price the Cypress campus I'm a 4047 03:13:16,819 --> 03:13:17,319 Kenny project 4048 03:13:17,319 --> 03:13:20,409 that's the one that that's the one you really shouldn't 4049 03:13:20,409 --> 03:13:21,440 look at yeah well I 4050 03:13:21,440 --> 03:13:25,209 corrected the numbers and I got to where he got the ninety 4051 03:13:25,209 --> 03:13:26,399 one ninety six per 4052 03:13:26,399 --> 03:13:30,430 acre number hopefully on the same page now probably the one 4053 03:13:30,430 --> 03:13:31,959 night so that one 4054 03:13:31,959 --> 03:13:34,309 ninety six is based on the four dollars and fifty cents 4055 03:13:34,309 --> 03:13:35,239 yeah which is how you 4056 03:13:35,239 --> 03:13:39,079 suggested forty cents or forty to fifty cents yeah but and 4057 03:13:39,079 --> 03:13:40,239 again you can't use 4058 03:13:40,239 --> 03:13:44,360 those numbers because how I they are they are off okay 4059 03:13:44,360 --> 03:13:45,799 because you get credit 4060 03:13:45,799 --> 03:13:49,040 for planting trees or over 300 trees planted on this site 4061 03:13:49,040 --> 03:13:50,399 sure the numbers 4062 03:13:50,399 --> 03:13:59,000 have to be reworked again up to the I think I had it and 4063 03:13:59,000 --> 03:14:00,319 comparing the old 4064 03:14:00,319 --> 03:14:03,120 code with the new code is because the old code was inches 4065 03:14:03,120 --> 03:14:04,040 caliper inches or 4066 03:14:04,040 --> 03:14:10,879 new code isn't you know but the the 15% requirement is 2.7 4067 03:14:10,879 --> 03:14:12,360 acres of the canopy 4068 03:14:12,360 --> 03:14:16,959 right on the property right 117 square feet I gotcha okay I 4069 03:14:16,959 --> 03:14:18,600 guess just to try 4070 03:14:18,600 --> 03:14:23,559 to get to my question your proposal is roughly a tenth of 4071 03:14:23,559 --> 03:14:24,520 what's been mentioned 4072 03:14:24,520 --> 03:14:28,360 and of course as developer I'd rather pay 19,000 per acre 4073 03:14:28,360 --> 03:14:30,079 than 196,000 per 4074 03:14:30,079 --> 03:14:32,879 acre I get that but if the mitigation is to kind of 4075 03:14:32,879 --> 03:14:34,360 incentivize the preservation 4076 03:14:34,360 --> 03:14:36,950 of trees from a developer standpoint I'm making assumptions 4077 03:14:36,950 --> 03:14:38,040 I'm not a developer 4078 03:14:38,040 --> 03:14:41,149 if there's an acre of trees and it's gonna cost me 17,000 4079 03:14:41,149 --> 03:14:42,200 to tear down might 4080 03:14:42,200 --> 03:14:45,600 be a no-brainer at 196,000 dollars now I'm thinking about 4081 03:14:45,600 --> 03:14:47,040 it which seems to be 4082 03:14:47,040 --> 03:14:50,750 the point of the high cost for mitigation so my question I 4083 03:14:50,750 --> 03:14:51,600 guess to you 4084 03:14:51,600 --> 03:14:56,520 is at that price at 196,000 dollars an acre how does that 4085 03:14:56,520 --> 03:14:57,280 impact your 4086 03:14:57,280 --> 03:15:01,200 developing does that to Gerard's point does that make you 4087 03:15:01,200 --> 03:15:02,159 rethink maybe putting 4088 03:15:02,159 --> 03:15:05,049 more trees in a lot or that makes me walk away from the 4089 03:15:05,049 --> 03:15:06,520 property that so that 4090 03:15:06,520 --> 03:15:09,569 amount that property is no longer of any value to any 4091 03:15:09,569 --> 03:15:10,920 developer the property 4092 03:15:10,920 --> 03:15:15,729 owner is gonna be stuck with it until he loses it with 4093 03:15:15,729 --> 03:15:17,440 taxes no one's gonna buy 4094 03:15:17,440 --> 03:15:20,930 it because everybody does due diligence sure before they 4095 03:15:20,930 --> 03:15:22,000 purchase the property 4096 03:15:22,000 --> 03:15:24,250 and they look at all the ordinances and the impact the 4097 03:15:24,250 --> 03:15:26,280 ordinance will have and 4098 03:15:26,280 --> 03:15:31,159 that price whatever the number is is gonna get spread out 4099 03:15:31,159 --> 03:15:32,479 over the per acre 4100 03:15:32,479 --> 03:15:36,040 cost for the property and once that gets to a certain point 4101 03:15:36,040 --> 03:15:37,600 it's you can't make a 4102 03:15:37,600 --> 03:15:40,680 profit so you can't develop it I totally get that and I 4103 03:15:40,680 --> 03:15:41,879 think that's maybe to 4104 03:15:41,879 --> 03:15:45,639 where I'm my point is is if we're starting at a negotiation 4105 03:15:45,639 --> 03:15:48,200 at at 40 cents 4106 03:15:48,200 --> 03:15:53,360 an acre that is a no-brainer for you but at 196,000 dollars 4107 03:15:53,360 --> 03:15:54,100 maybe that's a deal 4108 03:15:54,100 --> 03:15:56,879 breaker so maybe 450 is way too high because it's not 4109 03:15:56,879 --> 03:15:57,639 actually encouraging 4110 03:15:57,639 --> 03:16:01,770 development in tree preservations it's killing it but at 40 4111 03:16:01,770 --> 03:16:02,639 cents we're not 4112 03:16:02,639 --> 03:16:06,319 even getting close to trying to to incentivize tree 4113 03:16:06,319 --> 03:16:07,760 mitigation so your 4114 03:16:07,760 --> 03:16:09,600 feedback is helpful to maybe understand that there's a 4115 03:16:09,600 --> 03:16:10,399 number in between that 4116 03:16:10,399 --> 03:16:12,739 that maybe the city doesn't think is great but as a 4117 03:16:12,739 --> 03:16:14,040 developer it's also like 4118 03:16:14,040 --> 03:16:16,739 well man that's gonna make me think do I want to pay this 4119 03:16:16,739 --> 03:16:17,799 or actually I'm sure 4120 03:16:17,799 --> 03:16:21,729 there's a number out there that the 40 to 50 cents is 4121 03:16:21,729 --> 03:16:23,879 basically the cost of a 4122 03:16:23,879 --> 03:16:30,000 three inch tree three inches times 175 divided by 1256 I 4123 03:16:30,000 --> 03:16:31,620 mean I just it came 4124 03:16:31,620 --> 03:16:35,879 off the top of my head so that's the mitigation now you 4125 03:16:35,879 --> 03:16:37,079 want to say you know 4126 03:16:37,079 --> 03:16:40,680 it maybe it needs to be a buck maybe it needs 75 cents and 4127 03:16:40,680 --> 03:16:42,120 and really what needs 4128 03:16:42,120 --> 03:16:46,139 to be done is look at a get to the point okay here's how 4129 03:16:46,139 --> 03:16:48,479 much how much canopy I 4130 03:16:48,479 --> 03:16:52,620 need to preserve and start plugging numbers in and see what 4131 03:16:52,620 --> 03:16:54,159 makes sense it 4132 03:16:54,159 --> 03:16:59,770 can't be more than the value of the land and that's the 450 4133 03:16:59,770 --> 03:17:01,319 a square foot that's 4134 03:17:01,319 --> 03:17:04,969 more than the value of the land by adding an additional 50 4135 03:17:04,969 --> 03:17:05,760 cents a square 4136 03:17:05,760 --> 03:17:10,469 foot you're increasing the let me do the math real quick 4137 03:17:10,469 --> 03:17:14,440 here sorry and I guess 4138 03:17:14,440 --> 03:17:16,979 why you're doing the math just to so you know my 4139 03:17:16,979 --> 03:17:18,840 perspective it doesn't sound 4140 03:17:18,840 --> 03:17:23,110 that adds twenty one thousand seven hundred dollars an acre 4141 03:17:23,110 --> 03:17:23,600 to the 4142 03:17:23,600 --> 03:17:27,360 development that's substantial I don't I don't disagree I 4143 03:17:27,360 --> 03:17:29,479 agree but I guess I'm 4144 03:17:29,479 --> 03:17:33,040 having a tough time understanding that it's for the 450 is 4145 03:17:33,040 --> 03:17:33,760 more than the price 4146 03:17:33,760 --> 03:17:37,680 of the land because in fact that 450 is over I mean 18 4147 03:17:37,680 --> 03:17:39,000 acres of trees 4148 03:17:39,000 --> 03:17:42,690 potentially not necessarily no sure what the 450 is per 4149 03:17:42,690 --> 03:17:43,879 square foot and 4150 03:17:43,879 --> 03:17:46,770 understood but you're taking out in this project how many 4151 03:17:46,770 --> 03:17:47,680 how many acres of 4152 03:17:47,680 --> 03:17:54,680 trees did you take out no under the new code there is 18 4153 03:17:54,680 --> 03:17:56,200 acres of canopy right 4154 03:17:56,200 --> 03:18:02,860 okay we took out let's we preserved two points two point 4155 03:18:02,860 --> 03:18:05,120 eight acres so you took 4156 03:18:05,120 --> 03:18:14,360 out over 15 acres of trees so 15 acres is the one point six 4157 03:18:14,360 --> 03:18:15,040 million dollars 4158 03:18:15,040 --> 03:18:26,040 over no 16 acres no that's well we're looking at it in here 4159 03:18:26,040 --> 03:18:27,159 we probably need 4160 03:18:27,159 --> 03:18:30,129 more discussion though we should be doing right here but 4161 03:18:30,129 --> 03:18:33,959 that 16 acres we 4162 03:18:33,959 --> 03:18:37,610 took out 15 acres whatever the number is is allowed per 4163 03:18:37,610 --> 03:18:39,879 code sure now change that 4164 03:18:39,879 --> 03:18:43,690 50% and that now that now we're talking different numbers 4165 03:18:43,690 --> 03:18:45,159 you're almost wanting 4166 03:18:45,159 --> 03:18:48,290 to penalize the developer for taking out what he was 4167 03:18:48,290 --> 03:18:50,479 allowed to take out I'm not 4168 03:18:50,479 --> 03:18:51,989 trying to do that and maybe we're getting into weeds a 4169 03:18:51,989 --> 03:18:52,840 little bit it's I'm 4170 03:18:52,840 --> 03:18:57,280 just having a tough time with the the assumption that it's 4171 03:18:57,280 --> 03:18:58,840 actually more than 4172 03:18:58,840 --> 03:19:01,290 the value of the land but it might not be worth this 4173 03:19:01,290 --> 03:19:04,159 conversation so okay and 4174 03:19:04,159 --> 03:19:11,209 over the real quick numbers I and I just took it to two 4175 03:19:11,209 --> 03:19:12,399 acres of trees instead of 4176 03:19:12,399 --> 03:19:18,790 the 2.6 it added over the cost of the entire projects that 4177 03:19:18,790 --> 03:19:19,239 I think it would 4178 03:19:19,239 --> 03:19:26,629 add 1800 to $2,000 at the 50 cents a square foot and that's 4179 03:19:26,629 --> 03:19:27,319 still you know 4180 03:19:27,319 --> 03:19:31,000 over the per acre cost of the development that's pretty 4181 03:19:31,000 --> 03:19:32,239 substantial it 4182 03:19:32,239 --> 03:19:34,639 really is 4183 03:19:36,760 --> 03:19:41,680 round two Commissioner Dudowitz this discussion has been 4184 03:19:41,680 --> 03:19:42,639 very helpful but 4185 03:19:42,639 --> 03:19:46,450 you've said something that sparked a question you said 4186 03:19:46,450 --> 03:19:48,040 there is a point in 4187 03:19:48,040 --> 03:19:51,850 place where developer walk away rendering that property 4188 03:19:51,850 --> 03:19:53,479 useless this is 4189 03:19:53,479 --> 03:19:56,840 a question for legal does any of this discussion or any of 4190 03:19:56,840 --> 03:19:57,680 these proposed 4191 03:19:57,680 --> 03:20:01,940 ordinances get into a point of regulatory taking well that 4192 03:20:01,940 --> 03:20:03,000 's what they're hinting 4193 03:20:03,000 --> 03:20:06,639 at what they've said in their letters that there's no nexus 4194 03:20:06,639 --> 03:20:07,280 I'm sorry what 4195 03:20:07,280 --> 03:20:09,559 they've said in their letter is that there is no nexus 4196 03:20:09,559 --> 03:20:10,520 between what we're 4197 03:20:10,520 --> 03:20:13,610 requiring of them and the impact that they have on the 4198 03:20:13,610 --> 03:20:14,760 property and so there's 4199 03:20:14,760 --> 03:20:19,440 no proportionality that's their argument we would have to 4200 03:20:19,440 --> 03:20:21,360 discuss that as to 4201 03:20:21,360 --> 03:20:25,139 whether or not it meets that threshold legally yeah I just 4202 03:20:25,139 --> 03:20:25,719 want to make sure 4203 03:20:25,719 --> 03:20:28,709 that it's gonna come out somewhere along the way as being 4204 03:20:28,709 --> 03:20:29,799 an issue I want to make 4205 03:20:29,799 --> 03:20:33,870 sure we discuss it openly so that we're very clear thank 4206 03:20:33,870 --> 03:20:36,000 you and we believe 4207 03:20:36,000 --> 03:20:38,360 there is a point where it is a taken there is a point where 4208 03:20:38,360 --> 03:20:39,520 it isn't that it's 4209 03:20:39,520 --> 03:20:45,120 a yeah you know part of doing development we don't think we 4210 03:20:45,120 --> 03:20:45,399 're at that 4211 03:20:45,399 --> 03:20:50,819 point well they know other questions but mine I'm like it's 4212 03:20:50,819 --> 03:20:51,639 kind of a final 4213 03:20:51,639 --> 03:20:54,680 comment that's one of the reasons because of all the 4214 03:20:54,680 --> 03:20:55,440 discussion that we 4215 03:20:55,440 --> 03:20:58,930 have about individual projects and how it impacts 4216 03:20:58,930 --> 03:21:00,559 individual sites individual 4217 03:21:00,559 --> 03:21:05,049 property owners and why I threw out the idea to consider if 4218 03:21:05,049 --> 03:21:06,239 this becomes more of 4219 03:21:06,239 --> 03:21:10,350 a public issue and we are not are no longer looking at 4220 03:21:10,350 --> 03:21:12,120 individual sites that 4221 03:21:12,120 --> 03:21:15,340 you can't develop this one or you can develop that one it 4222 03:21:15,340 --> 03:21:16,920 becomes there's a 4223 03:21:16,920 --> 03:21:20,700 fee tree fee whatever you want to call it per lot whatever 4224 03:21:20,700 --> 03:21:21,600 it is it goes into 4225 03:21:21,600 --> 03:21:25,649 the tree fun the city goes and buys these areas public use 4226 03:21:25,649 --> 03:21:26,760 them and we get 4227 03:21:26,760 --> 03:21:29,770 away from all this trying to preserve trees and this 4228 03:21:29,770 --> 03:21:31,239 particular property owner 4229 03:21:31,239 --> 03:21:36,059 has a heavily tree property and therefore the value of it 4230 03:21:36,059 --> 03:21:37,319 is diminished 4231 03:21:37,319 --> 03:21:39,909 this particular one is the other and there's a whole 4232 03:21:39,909 --> 03:21:41,559 different concept to 4233 03:21:41,559 --> 03:21:45,879 even look at so that's interesting we've had a lot of 4234 03:21:45,879 --> 03:21:47,719 questions on from your 4235 03:21:47,719 --> 03:21:51,340 PowerPoint and I want to ask hey we're just step up don't 4236 03:21:51,340 --> 03:21:52,360 have any other 4237 03:21:52,360 --> 03:21:56,030 questions around the board and just give some feedback to 4238 03:21:56,030 --> 03:21:57,000 the Commission we've 4239 03:21:57,000 --> 03:22:00,489 had a PowerPoint a lot of discussion and I want to just get 4240 03:22:00,489 --> 03:22:01,559 some feedback from 4241 03:22:01,559 --> 03:22:03,700 you about some of your thoughts about the PowerPoint some 4242 03:22:03,700 --> 03:22:04,559 of the questions and 4243 03:22:04,559 --> 03:22:08,170 anything that you may want to address or correct or have a 4244 03:22:08,170 --> 03:22:09,159 different point of 4245 03:22:09,159 --> 03:22:13,079 view on to keep keep us moving in the right direction okay 4246 03:22:13,079 --> 03:22:14,559 just a couple 4247 03:22:14,559 --> 03:22:17,290 points of clarification there were some I didn't write down 4248 03:22:17,290 --> 03:22:18,159 but did write down a 4249 03:22:18,159 --> 03:22:23,309 few the statement about the city city exemption cities 4250 03:22:23,309 --> 03:22:24,559 being completely 4251 03:22:24,559 --> 03:22:28,579 exempt including from the street tree requirement the 4252 03:22:28,579 --> 03:22:29,659 exemptions in the 4253 03:22:29,659 --> 03:22:33,010 preservation part of this ordinance pertain to the 4254 03:22:33,010 --> 03:22:35,200 preservation of trees the 4255 03:22:35,200 --> 03:22:37,379 mitigation of trees and the protection of trees during 4256 03:22:37,379 --> 03:22:38,620 construction there is no 4257 03:22:38,620 --> 03:22:42,040 exemption from the city from planting trees on newly 4258 03:22:42,040 --> 03:22:44,040 constructed streets and 4259 03:22:44,040 --> 03:22:50,190 the city of Denton the other point of clarification there 4260 03:22:50,190 --> 03:22:51,159 was a statement made 4261 03:22:51,159 --> 03:22:55,979 about having you know our neighborhoods with you know the 4262 03:22:55,979 --> 03:22:57,719 same species of tree 4263 03:22:57,719 --> 03:23:00,969 on this block the same species on that block well in the 4264 03:23:00,969 --> 03:23:02,719 industry my industry 4265 03:23:02,719 --> 03:23:06,969 in urban forestry we learned in the 50s and 60s the danger 4266 03:23:06,969 --> 03:23:08,200 of model cultures 4267 03:23:08,200 --> 03:23:11,389 which is basically having the same type of tree in one 4268 03:23:11,389 --> 03:23:12,479 block we learned that 4269 03:23:12,479 --> 03:23:17,790 with the American elm tree and a meant on Dutch Elm disease 4270 03:23:17,790 --> 03:23:18,680 where our 4271 03:23:18,680 --> 03:23:24,030 neighborhoods were devastated and completely stripped of 4272 03:23:24,030 --> 03:23:25,159 trees we're 4273 03:23:25,159 --> 03:23:27,680 seeing the same thing in the other side and that's the 4274 03:23:27,680 --> 03:23:28,680 reason why the city 4275 03:23:28,680 --> 03:23:31,420 of Milwaukee is actually treating trees because they have 4276 03:23:31,420 --> 03:23:32,440 some blocks that you 4277 03:23:32,440 --> 03:23:35,000 know ash trees were our own trees were cut down and they 4278 03:23:35,000 --> 03:23:36,079 went back and planted 4279 03:23:36,079 --> 03:23:39,639 in the ash trees well now there's a bug that's attracting 4280 03:23:39,639 --> 03:23:41,879 to the to the ash so 4281 03:23:41,879 --> 03:23:46,309 you know culturally speaking you always want to have a good 4282 03:23:46,309 --> 03:23:47,840 species diversity 4283 03:23:47,840 --> 03:23:52,989 wherever you're planting trees that the last point and this 4284 03:23:52,989 --> 03:23:54,399 is more just just my 4285 03:23:54,399 --> 03:23:58,690 you know personal you know thoughts on the cost that 4286 03:23:58,690 --> 03:24:01,399 preservation would add per 4287 03:24:01,399 --> 03:24:05,319 house site I think you know let us say it was around 2000 a 4288 03:24:05,319 --> 03:24:07,200 little over 2000 if 4289 03:24:07,200 --> 03:24:10,170 I'm looking for a house I'm in the market for a house that 4290 03:24:10,170 --> 03:24:11,760 's 200 and 250 4291 03:24:11,760 --> 03:24:15,559 300 thousand dollars two thousand dollars added to the cost 4292 03:24:15,559 --> 03:24:16,200 of that house 4293 03:24:16,200 --> 03:24:19,399 is not going to be a deal break for someone in that market 4294 03:24:19,399 --> 03:24:20,579 that's just my 4295 03:24:20,579 --> 03:24:24,040 opinion that's not going to make someone walk away from 4296 03:24:24,040 --> 03:24:25,920 from purchasing that home 4297 03:24:25,920 --> 03:24:31,450 the other thing is and this is an observation I've seen 4298 03:24:31,450 --> 03:24:32,020 with with 4299 03:24:32,020 --> 03:24:34,280 preservation of trees and development here in Denton 4300 03:24:34,280 --> 03:24:35,639 everything within the 4301 03:24:35,639 --> 03:24:38,750 neighborhoods seem to be very compartmentalized we have 4302 03:24:38,750 --> 03:24:39,479 this section 4303 03:24:39,479 --> 03:24:41,840 for our houses we have this section generally for a tree 4304 03:24:41,840 --> 03:24:42,639 preservation we 4305 03:24:42,639 --> 03:24:47,280 have this section for you know detention of water well I 4306 03:24:47,280 --> 03:24:49,360 think there's a better 4307 03:24:49,360 --> 03:24:53,590 approach to to look at development that we should consider 4308 03:24:53,590 --> 03:24:54,840 is you know a more 4309 03:24:54,840 --> 03:24:58,459 holistic approach as far as you know using the ice-worn 4310 03:24:58,459 --> 03:24:59,479 standards for 4311 03:24:59,479 --> 03:25:02,899 integrating detention in multiple spots within the 4312 03:25:02,899 --> 03:25:05,120 development even you know 4313 03:25:05,120 --> 03:25:08,600 there was a mention of Villas de Carmel that had the five 4314 03:25:08,600 --> 03:25:10,200 acre tree park there's 4315 03:25:10,200 --> 03:25:13,000 nothing in the development requirements that state that 4316 03:25:13,000 --> 03:25:13,920 tree preservation has to 4317 03:25:13,920 --> 03:25:16,940 be in one area there's nothing that says that you can't 4318 03:25:16,940 --> 03:25:18,159 have that in our six 4319 03:25:18,159 --> 03:25:22,590 development and have you know for linear parks between the 4320 03:25:22,590 --> 03:25:24,319 backs of houses where 4321 03:25:24,319 --> 03:25:27,899 you're stretching out that five acres over blocks within 4322 03:25:27,899 --> 03:25:29,239 your development and 4323 03:25:29,239 --> 03:25:32,649 getting those out those trees in the backyards of the 4324 03:25:32,649 --> 03:25:34,159 residents where they 4325 03:25:34,159 --> 03:25:37,700 can actually enjoy those trees so there's more than one way 4326 03:25:37,700 --> 03:25:38,360 to look at 4327 03:25:38,360 --> 03:25:41,889 development it just seems like here there seems to be 4328 03:25:41,889 --> 03:25:43,920 compartmentalization 4329 03:25:43,920 --> 03:25:46,969 of the requirements and the functions and it really should 4330 03:25:46,969 --> 03:25:48,000 be more integrated 4331 03:25:48,000 --> 03:25:51,750 okay I got a question another question for Commissioner 4332 03:25:51,750 --> 03:25:53,559 Taylor thank you chair 4333 03:25:53,559 --> 03:25:57,920 mr. Morgan there was I believe it was the first 4334 03:25:57,920 --> 03:25:59,319 presentation of the first speaker 4335 03:25:59,319 --> 03:26:02,920 brought up some questions about we're not following the 4336 03:26:02,920 --> 03:26:04,280 comp plan because we 4337 03:26:04,280 --> 03:26:07,709 don't have a study of the economic value of trees are we 4338 03:26:07,709 --> 03:26:10,399 planning a study on the 4339 03:26:10,399 --> 03:26:13,170 tree canopy and the economic value to the city that we're 4340 03:26:13,170 --> 03:26:14,399 actually in the 4341 03:26:14,399 --> 03:26:17,700 process of performing an eye tree eco-assessment which is 4342 03:26:17,700 --> 03:26:18,440 the equivalent 4343 03:26:18,440 --> 03:26:21,540 of an economic study of the value of trees the benefits 4344 03:26:21,540 --> 03:26:22,959 that they provide and 4345 03:26:22,959 --> 03:26:26,469 also an urban tree count analysis that actually goes into 4346 03:26:26,469 --> 03:26:27,799 further depth in the 4347 03:26:27,799 --> 03:26:30,100 benefits that we're deriving from our trees here in the 4348 03:26:30,100 --> 03:26:31,399 state of Denton we 4349 03:26:31,399 --> 03:26:34,299 expect that study to be completed if I'm not mistaken it's 4350 03:26:34,299 --> 03:26:35,600 either October November 4351 03:26:35,600 --> 03:26:39,620 this year okay and would use in the more detailed study 4352 03:26:39,620 --> 03:26:41,159 would it be able would 4353 03:26:41,159 --> 03:26:46,309 would we be able to identify most densely covered large 4354 03:26:46,309 --> 03:26:47,760 parcels in that 4355 03:26:47,760 --> 03:26:50,469 we could look at like the the lots that have the highest 4356 03:26:50,469 --> 03:26:51,860 percentage of canopy or 4357 03:26:51,860 --> 03:26:58,520 things like that absolutely okay thank you any other 4358 03:26:58,520 --> 03:27:01,799 questions thank you 4359 03:27:01,799 --> 03:27:07,459 anyone thank the public again this is a public hearing we 4360 03:27:07,459 --> 03:27:08,799 're going to continue 4361 03:27:08,799 --> 03:27:12,500 with our cards anyone else that would like to speak if you 4362 03:27:12,500 --> 03:27:13,399 haven't already 4363 03:27:13,399 --> 03:27:18,010 filled out a card please do please do so the next speaker I 4364 03:27:18,010 --> 03:27:20,120 have is David Lindke 4365 03:27:20,120 --> 03:27:24,879 to be followed by Mindy White 4366 03:27:27,879 --> 03:27:32,549 David Lindke with the Dallas Builders Association 5816 West 4367 03:27:32,549 --> 03:27:34,159 Plano Parkway 4368 03:27:34,159 --> 03:27:36,750 you've kind of heard pretty much from the development 4369 03:27:36,750 --> 03:27:38,000 community it covers all 4370 03:27:38,000 --> 03:27:40,819 areas you've gotten a letter from us a lot of our members I 4371 03:27:40,819 --> 03:27:41,639 'll just kind of 4372 03:27:41,639 --> 03:27:44,649 try and keep it brief here are a lot of them are custom 4373 03:27:44,649 --> 03:27:46,760 builders so with the 4374 03:27:46,760 --> 03:27:50,690 rule of exemption when you get to the single-family or two- 4375 03:27:50,690 --> 03:27:51,799 family lights it 4376 03:27:51,799 --> 03:27:57,069 can greatly change the scenario if you've got a small home 4377 03:27:57,069 --> 03:27:57,520 and they're 4378 03:27:57,520 --> 03:28:00,520 wanting to add to it you've got certain trees in the area 4379 03:28:00,520 --> 03:28:02,479 we get beyond into 4380 03:28:02,479 --> 03:28:06,559 that 30% calculation and then we start looking at hey if 4381 03:28:06,559 --> 03:28:07,520 something at a thousand 4382 03:28:07,520 --> 03:28:10,450 foot canopy we start paying a pretty significant price to a 4383 03:28:10,450 --> 03:28:11,360 point that was 4384 03:28:11,360 --> 03:28:14,340 made earlier that hey two thousand dollars may not affect a 4385 03:28:14,340 --> 03:28:14,920 person buying 4386 03:28:14,920 --> 03:28:19,149 a home unfortunately that may not necessarily be the case 4387 03:28:19,149 --> 03:28:19,920 due to mortgage 4388 03:28:19,920 --> 03:28:21,870 lending rules and things like that and the tighter 4389 03:28:21,870 --> 03:28:23,040 restrictions that have come 4390 03:28:23,040 --> 03:28:25,780 over the years that are not due to any of us in this room 4391 03:28:25,780 --> 03:28:26,799 wasn't really our 4392 03:28:26,799 --> 03:28:28,600 call I think if we'd have been in the room we'd have come 4393 03:28:28,600 --> 03:28:29,280 up with something 4394 03:28:29,280 --> 03:28:32,540 different but National Association of Home Builders has 4395 03:28:32,540 --> 03:28:34,000 done a study I know 4396 03:28:34,000 --> 03:28:36,959 Texas A&M Research Center has looked at a check with Jim G 4397 03:28:36,959 --> 03:28:37,420 aines once 4398 03:28:37,420 --> 03:28:40,370 before on those numbers and basically what it came out to 4399 03:28:40,370 --> 03:28:41,360 what we saw was kind 4400 03:28:41,360 --> 03:28:43,329 of startling was that for every thousand dollars you add to 4401 03:28:43,329 --> 03:28:44,000 the price of that 4402 03:28:44,000 --> 03:28:47,469 medium price home you can price them between 19,000 to 20, 4403 03:28:47,469 --> 03:28:48,600 000 Texas families 4404 03:28:48,600 --> 03:28:50,530 out of it so you'd have to break it down what the allotment 4405 03:28:50,530 --> 03:28:51,200 is here but you could 4406 03:28:51,200 --> 03:28:53,430 also get at this 20,000 Texas families that wouldn't come 4407 03:28:53,430 --> 03:28:55,159 to Denton our basis 4408 03:28:55,159 --> 03:28:57,729 when we look at this is always the quality of the home be 4409 03:28:57,729 --> 03:28:58,760 able to build well 4410 03:28:58,760 --> 03:29:01,790 property rights and then we always look at housing afford 4411 03:29:01,790 --> 03:29:03,319 ability we always push 4412 03:29:03,319 --> 03:29:07,399 that housing affordability exist at multiple levels because 4413 03:29:07,399 --> 03:29:08,399 the responsible 4414 03:29:08,399 --> 03:29:10,510 businessman most likely is going to finance that home in 4415 03:29:10,510 --> 03:29:11,879 certain ways the 4416 03:29:11,879 --> 03:29:14,219 appraisal guys and the banks are always going to underwrite 4417 03:29:14,219 --> 03:29:15,120 a certain amount and 4418 03:29:15,120 --> 03:29:17,549 they don't look at certain things they look at other things 4419 03:29:17,549 --> 03:29:18,319 this is where we 4420 03:29:18,319 --> 03:29:20,930 talked about the study where hey this would be more people 4421 03:29:20,930 --> 03:29:21,799 buying into trees 4422 03:29:21,799 --> 03:29:24,360 or certain areas which you have to consider the regional 4423 03:29:24,360 --> 03:29:25,280 value of this of 4424 03:29:25,280 --> 03:29:28,479 well how that really pans out an example would be there are 4425 03:29:28,479 --> 03:29:29,600 areas in Frisco that 4426 03:29:29,600 --> 03:29:32,520 don't have a lot of trees and those lots carry a lot higher 4427 03:29:32,520 --> 03:29:33,360 value than they do 4428 03:29:33,360 --> 03:29:37,379 here it is often more to the demand of it because the 4429 03:29:37,379 --> 03:29:38,559 region we're at we have 4430 03:29:38,559 --> 03:29:43,000 jobs location near jobs school districts what stores are 4431 03:29:43,000 --> 03:29:43,879 near that these is 4432 03:29:43,879 --> 03:29:46,239 greater parameter to look at it it's the same thing with 4433 03:29:46,239 --> 03:29:47,360 the health issue I was 4434 03:29:47,360 --> 03:29:49,680 here the well it really I mean I like trees like this 4435 03:29:49,680 --> 03:29:51,079 anybody else but then I 4436 03:29:51,079 --> 03:29:54,010 also have to be careful on certain days if I was here on a 4437 03:29:54,010 --> 03:29:55,200 certain Thursday I'd 4438 03:29:55,200 --> 03:29:58,209 have an Epi pen in my pocket in case I have shock related 4439 03:29:58,209 --> 03:29:59,440 to two shots I take 4440 03:29:59,440 --> 03:30:02,790 once a month due to trees to tree pollen so there's both 4441 03:30:02,790 --> 03:30:03,920 sides this argument that 4442 03:30:03,920 --> 03:30:05,829 always have to be considered so when you see a study you 4443 03:30:05,829 --> 03:30:06,559 need to be careful 4444 03:30:06,559 --> 03:30:08,959 realize where it came from who's pushing it and it'd be the 4445 03:30:08,959 --> 03:30:09,799 same for our side 4446 03:30:09,799 --> 03:30:13,680 just to be fair so these are things we want to consider one 4447 03:30:13,680 --> 03:30:14,200 of the things we've 4448 03:30:14,200 --> 03:30:16,370 talked about tonight is the infrastructure that's going to 4449 03:30:16,370 --> 03:30:16,520 be 4450 03:30:16,520 --> 03:30:19,059 required and the reality is you're not going to let one of 4451 03:30:19,059 --> 03:30:19,719 my guys plan a 4452 03:30:19,719 --> 03:30:23,000 subdivision without streets train and cheese mince you have 4453 03:30:23,000 --> 03:30:24,159 required utilities 4454 03:30:24,159 --> 03:30:26,940 and at that point the utility companies are going to have 4455 03:30:26,940 --> 03:30:28,000 their say and I think 4456 03:30:28,000 --> 03:30:30,450 the city would agree they have a tremendous amount of say 4457 03:30:30,450 --> 03:30:31,040 on how these 4458 03:30:31,040 --> 03:30:33,250 things go there are certain ways these things are laid out 4459 03:30:33,250 --> 03:30:34,040 to be affordable to 4460 03:30:34,040 --> 03:30:36,920 keep housing affordability you don't zigzag gas pipelines 4461 03:30:36,920 --> 03:30:37,680 there are all sorts 4462 03:30:37,680 --> 03:30:40,260 of things that play in so one of the things we'd send a 4463 03:30:40,260 --> 03:30:41,319 letter I think that 4464 03:30:41,319 --> 03:30:44,209 might help in a lot of this and refer to his push for the 4465 03:30:44,209 --> 03:30:46,440 tree camping issue is an 4466 03:30:46,440 --> 03:30:49,129 exemption for the buildable area and maybe if we get 4467 03:30:49,129 --> 03:30:50,319 together in work groups 4468 03:30:50,319 --> 03:30:52,829 we'd love to participate in those this time now that we 4469 03:30:52,829 --> 03:30:53,879 know about them there 4470 03:30:53,879 --> 03:30:56,000 are different things to look at for that that you could 4471 03:30:56,000 --> 03:30:56,920 consider where those 4472 03:30:56,920 --> 03:31:00,000 exemptions come in I think the single-family two-family 4473 03:31:00,000 --> 03:31:00,760 exemption lot 4474 03:31:00,760 --> 03:31:04,379 would possibly cover the issue of the mitigation fee being 4475 03:31:04,379 --> 03:31:05,479 excessive on the 4476 03:31:05,479 --> 03:31:08,719 smaller lots because that's always our concern you know we 4477 03:31:08,719 --> 03:31:09,520 want to mitigate this 4478 03:31:09,520 --> 03:31:12,799 for it gets anything worse and be a partner with the city 4479 03:31:12,799 --> 03:31:13,879 you know as it's 4480 03:31:13,879 --> 03:31:16,149 written I don't think we could support the ordinance but if 4481 03:31:16,149 --> 03:31:16,959 there were changes 4482 03:31:16,959 --> 03:31:19,250 we could we don't like to just go out right and oppose the 4483 03:31:19,250 --> 03:31:20,040 ordinance we want 4484 03:31:20,040 --> 03:31:23,600 to be a community partner I will say one thing though and 4485 03:31:23,600 --> 03:31:24,719 it's to your question 4486 03:31:24,719 --> 03:31:27,510 Commissioner Roselle earlier that well you know we're 4487 03:31:27,510 --> 03:31:28,879 allowing you to take down 4488 03:31:28,879 --> 03:31:33,559 85% of the property well here's the thing that can't get 4489 03:31:33,559 --> 03:31:34,159 lost in this 4490 03:31:34,159 --> 03:31:39,840 conversation you're allowing the property owner to deal 4491 03:31:39,840 --> 03:31:41,920 with his property 4492 03:31:41,920 --> 03:31:44,959 and that is something that can't get lost in this the idea 4493 03:31:44,959 --> 03:31:46,040 that okay you only 4494 03:31:46,040 --> 03:31:48,379 have to mitigate this percentage you get into here so you 4495 03:31:48,379 --> 03:31:49,319 're not paying for all 4496 03:31:49,319 --> 03:31:52,319 these other trees that remaining percentage of those trees 4497 03:31:52,319 --> 03:31:52,760 that you have 4498 03:31:52,760 --> 03:31:56,989 to mitigate still adds on top of the development cost and 4499 03:31:56,989 --> 03:31:58,280 that can impact 4500 03:31:58,280 --> 03:32:01,729 and that that margin in tight areas can impact the deal it 4501 03:32:01,729 --> 03:32:02,520 is important to 4502 03:32:02,520 --> 03:32:05,610 realize that trees are part of the property owners property 4503 03:32:05,610 --> 03:32:06,040 and his 4504 03:32:06,040 --> 03:32:08,829 protections come under the Texas and US Constitution and 4505 03:32:08,829 --> 03:32:09,959 that's just one thing 4506 03:32:09,959 --> 03:32:13,040 we want to stress there I think everybody's trying to be 4507 03:32:13,040 --> 03:32:13,920 mindful of that 4508 03:32:13,920 --> 03:32:16,159 but I don't want that to get lost in the conversation have 4509 03:32:16,159 --> 03:32:17,040 some questions for you 4510 03:32:17,040 --> 03:32:21,440 yes Commissioner Hesbeth thank you chair so what is your 4511 03:32:21,440 --> 03:32:23,040 based on a canopy what 4512 03:32:23,040 --> 03:32:27,270 what is your price per square foot that you again I realize 4513 03:32:27,270 --> 03:32:27,959 you've asked that 4514 03:32:27,959 --> 03:32:31,799 question sure and and I applaud you for doing that but I 4515 03:32:31,799 --> 03:32:32,639 also want to point out 4516 03:32:32,639 --> 03:32:35,590 I spent a lot of my time around attorneys commissioner and 4517 03:32:35,590 --> 03:32:36,440 so I also know 4518 03:32:36,440 --> 03:32:38,959 not to get pulled into a question that's that's it could be 4519 03:32:38,959 --> 03:32:39,719 somewhat low to 4520 03:32:39,719 --> 03:32:42,520 whether intended or not and the reason I say that is 4521 03:32:42,520 --> 03:32:44,000 because there are so many 4522 03:32:44,000 --> 03:32:47,420 variables that are involved our developments are different 4523 03:32:47,420 --> 03:32:47,719 than 4524 03:32:47,719 --> 03:32:51,430 commercial developments and I'm not saying that it's easier 4525 03:32:51,430 --> 03:32:52,760 for us but there 4526 03:32:52,760 --> 03:32:55,409 are times where it's harder for them it all depends on the 4527 03:32:55,409 --> 03:32:56,280 lot your own but I 4528 03:32:56,280 --> 03:32:58,600 will point out that you saw in our letter that our guys 4529 03:32:58,600 --> 03:32:59,399 generally when 4530 03:32:59,399 --> 03:33:01,819 they're planning a replacement tree and a lot of them go 4531 03:33:01,819 --> 03:33:02,840 for three inches because 4532 03:33:02,840 --> 03:33:04,680 a lot of times they stay better if they don't have to come 4533 03:33:04,680 --> 03:33:05,399 back for the three 4534 03:33:05,399 --> 03:33:08,120 month later issue and this is not including the tree berry 4535 03:33:08,120 --> 03:33:09,000 and other items 4536 03:33:09,000 --> 03:33:11,000 do they get around the sidewalk they're looking at 4537 03:33:11,000 --> 03:33:12,000 sometimes you know looking on 4538 03:33:12,000 --> 03:33:16,079 the hot rise at a five hundred and fifty dollars per tree 4539 03:33:16,079 --> 03:33:18,479 so and this is a two 4540 03:33:18,479 --> 03:33:22,559 part answer so based on the current draft you have four 4541 03:33:22,559 --> 03:33:23,520 trees that you could 4542 03:33:23,520 --> 03:33:26,780 replace there you're looking at twenty two hundred dollars 4543 03:33:26,780 --> 03:33:27,879 but you're looking 4544 03:33:27,879 --> 03:33:30,079 at the value of say one thousand two hundred fifty six 4545 03:33:30,079 --> 03:33:31,079 square feet on your you 4546 03:33:31,079 --> 03:33:33,940 know a large tree was a lot a lot of rule Arborist told me 4547 03:33:33,940 --> 03:33:35,479 hey look at 1256 4548 03:33:35,479 --> 03:33:38,079 well now we're getting five thousand six hundred fifty two 4549 03:33:38,079 --> 03:33:39,680 dollars that far 4550 03:33:39,680 --> 03:33:42,250 exceeds the price of the planning of the four trees and I 4551 03:33:42,250 --> 03:33:43,200 realize there's this 4552 03:33:43,200 --> 03:33:46,229 idea to be punitive to encourage them to plant more but 4553 03:33:46,229 --> 03:33:47,440 again I get into the 4554 03:33:47,440 --> 03:33:50,020 issue of property rights and the fact that by assessing 4555 03:33:50,020 --> 03:33:50,959 this field what you 4556 03:33:50,959 --> 03:33:53,159 may consider infrastructure we get into the area where 4557 03:33:53,159 --> 03:33:54,200 somebody could make the 4558 03:33:54,200 --> 03:33:56,360 claim that you're now assessing an impact fee which 4559 03:33:56,360 --> 03:33:57,239 generally has to be 4560 03:33:57,239 --> 03:34:00,309 relative and commensurate to the service provided so you're 4561 03:34:00,309 --> 03:34:01,520 claiming a tree for 4562 03:34:01,520 --> 03:34:03,569 the community yet there's no where reverse it for the 4563 03:34:03,569 --> 03:34:04,840 person so again we 4564 03:34:04,840 --> 03:34:08,000 would like to have to calculate that I could I could see 4565 03:34:08,000 --> 03:34:09,260 where in our position 4566 03:34:09,260 --> 03:34:10,870 you'll see in the letter is that you should be getting 4567 03:34:10,870 --> 03:34:11,360 credit for the 4568 03:34:11,360 --> 03:34:13,889 projected maturity of the tree that you're planning and 4569 03:34:13,889 --> 03:34:15,239 with the one to four 4570 03:34:15,239 --> 03:34:18,530 ratio I'm sorry but it does not give you the projected 4571 03:34:18,530 --> 03:34:19,959 maturity that tree is 4572 03:34:19,959 --> 03:34:23,090 going to grow and if it's going to grow you should be 4573 03:34:23,090 --> 03:34:24,639 getting credit for it if 4574 03:34:24,639 --> 03:34:27,100 you're gonna base it he mentioned I would say 50 cents a 4575 03:34:27,100 --> 03:34:27,920 square foot comes 4576 03:34:27,920 --> 03:34:32,319 out to about $500 based on a thousand foot canopy is what I 4577 03:34:32,319 --> 03:34:33,579 did and I'm like 4578 03:34:33,579 --> 03:34:36,719 you I'm a whole numbers guy I did on my phone to be honest 4579 03:34:36,719 --> 03:34:38,000 but and so I have a 4580 03:34:38,000 --> 03:34:40,510 follow-up question because you raise a great point do you 4581 03:34:40,510 --> 03:34:42,680 think that would be 4582 03:34:42,680 --> 03:34:48,889 palatable for builders to then if you have this scale based 4583 03:34:48,889 --> 03:34:50,360 on the tree so 4584 03:34:50,360 --> 03:34:53,770 price of trees goes up let's say you have to buy two three 4585 03:34:53,770 --> 03:34:56,159 trees and so you 4586 03:34:56,159 --> 03:34:59,129 pick it you can find the the Sam's of trees and get a 4587 03:34:59,129 --> 03:35:00,559 discounted tree you know 4588 03:35:00,559 --> 03:35:04,290 whatever it is but you have to replace it but that then 4589 03:35:04,290 --> 03:35:06,319 allows the ordnance to 4590 03:35:06,319 --> 03:35:09,870 be a living document because the cost of trees goes up and 4591 03:35:09,870 --> 03:35:11,719 so next year that same 4592 03:35:11,719 --> 03:35:16,440 $550 tree may be 700 well I do want to be careful to point 4593 03:35:16,440 --> 03:35:17,159 out here I get back 4594 03:35:17,159 --> 03:35:19,569 to the issue of property rights yeah it should be based on 4595 03:35:19,569 --> 03:35:20,479 a marketable value 4596 03:35:20,479 --> 03:35:22,819 but it also should be based on the marketable value of the 4597 03:35:22,819 --> 03:35:24,040 land it would be 4598 03:35:24,040 --> 03:35:29,920 you do leave even with that the the probability where you 4599 03:35:29,920 --> 03:35:31,159 're adding more 4600 03:35:31,159 --> 03:35:34,680 than an acceptable percentage of the value of land in the 4601 03:35:34,680 --> 03:35:36,639 cost and it gets 4602 03:35:36,639 --> 03:35:38,790 back to questions that are raised that we always get 4603 03:35:38,790 --> 03:35:40,079 nervous about you know and 4604 03:35:40,079 --> 03:35:43,139 we want to make sure that we never get in the area or 4605 03:35:43,139 --> 03:35:44,520 advise the city in the 4606 03:35:44,520 --> 03:35:46,670 area where it could lead to something that's a regulatory 4607 03:35:46,670 --> 03:35:47,280 taking that is 4608 03:35:47,280 --> 03:35:49,950 something we get real nervous about I get pulled I get arm 4609 03:35:49,950 --> 03:35:51,079 pulled both ways and 4610 03:35:51,079 --> 03:35:53,329 I don't necessarily enjoy that and it doesn't help me to be 4611 03:35:53,329 --> 03:35:53,879 a community 4612 03:35:53,879 --> 03:35:56,909 partner with the city so our it would be something that 4613 03:35:56,909 --> 03:35:58,280 again we'd have to look at 4614 03:35:58,280 --> 03:36:01,370 the very different types of land again we have guys who are 4615 03:36:01,370 --> 03:36:02,200 production or 4616 03:36:02,200 --> 03:36:04,430 volume builders how we want to call them here your larger 4617 03:36:04,430 --> 03:36:06,559 builders and you know 4618 03:36:06,559 --> 03:36:09,030 they work with engineering issues and then we have guys who 4619 03:36:09,030 --> 03:36:09,600 are custom 4620 03:36:09,600 --> 03:36:12,340 builders and it may not just be an infield lot it may be 4621 03:36:12,340 --> 03:36:13,239 where you have a 4622 03:36:13,239 --> 03:36:17,780 new development and they bought a couple of those lots and 4623 03:36:17,780 --> 03:36:19,799 if the tree wasn't 4624 03:36:19,799 --> 03:36:22,479 mitigated at that point or it was left there on the lot and 4625 03:36:22,479 --> 03:36:23,440 they have to come 4626 03:36:23,440 --> 03:36:25,659 in and they have to mitigate it that cost comes to them and 4627 03:36:25,659 --> 03:36:26,239 when it's an 4628 03:36:26,239 --> 03:36:28,809 individual home they you know or an individual lot it could 4629 03:36:28,809 --> 03:36:29,120 have a 4630 03:36:29,120 --> 03:36:31,219 significant impact these are just you know I realize I'm 4631 03:36:31,219 --> 03:36:32,079 throwing a lot at you 4632 03:36:32,079 --> 03:36:35,479 but these are all the questions that I get on the phone 4633 03:36:35,479 --> 03:36:37,159 over and over so right 4634 03:36:37,159 --> 03:36:40,049 and I'll just conclude with I would encourage those 4635 03:36:40,049 --> 03:36:41,680 conversations and 4636 03:36:41,680 --> 03:36:44,540 whatever you can provide because ultimately right I mean at 4637 03:36:44,540 --> 03:36:45,120 some point 4638 03:36:45,120 --> 03:36:48,799 the can won't get kicked and we're gonna vote right and so 4639 03:36:48,799 --> 03:36:49,760 there's a lot of 4640 03:36:49,760 --> 03:36:52,909 variables there's a lot of ifs this but that but ultimately 4641 03:36:52,909 --> 03:36:54,079 there's gonna come a 4642 03:36:54,079 --> 03:36:58,309 vote and and I'd love to take all things into consideration 4643 03:36:58,309 --> 03:36:59,559 but it can't be this 4644 03:36:59,559 --> 03:37:04,860 fluid thing I mean ultimately no I think word to the wise 4645 03:37:04,860 --> 03:37:06,840 to all builders I need 4646 03:37:06,840 --> 03:37:12,540 for my linear brain to process a number and how we got 4647 03:37:12,540 --> 03:37:14,280 there and if there's a 4648 03:37:14,280 --> 03:37:17,229 more time to get that done but two months down the road a 4649 03:37:17,229 --> 03:37:18,120 month down the 4650 03:37:18,120 --> 03:37:21,719 road of where still if this than that it you know a 4651 03:37:21,719 --> 03:37:23,760 decision has to be made and 4652 03:37:23,760 --> 03:37:26,100 into your to your point there you had mentioned earlier 4653 03:37:26,100 --> 03:37:26,959 that some of these 4654 03:37:26,959 --> 03:37:29,559 things in exemption cannot be specific but you mentioned 4655 03:37:29,559 --> 03:37:30,520 here an area where it 4656 03:37:30,520 --> 03:37:34,540 needs to be for that point first that is something I would 4657 03:37:34,540 --> 03:37:35,120 definitely want to 4658 03:37:35,120 --> 03:37:37,110 take back to my members because I have to talk to builders 4659 03:37:37,110 --> 03:37:37,760 I have to talk to 4660 03:37:37,760 --> 03:37:42,489 people who advise them in various areas to make sure that 4661 03:37:42,489 --> 03:37:43,680 if we make it a 4662 03:37:43,680 --> 03:37:47,049 consultation of the city or advice to the city I don't have 4663 03:37:47,049 --> 03:37:47,879 the Commission 4664 03:37:47,879 --> 03:37:50,139 coming back to me in five years going why are we getting 4665 03:37:50,139 --> 03:37:51,280 hit with this and you 4666 03:37:51,280 --> 03:37:54,590 know I don't have the public pitchforks out on me and sure 4667 03:37:54,590 --> 03:37:55,760 my skin hung on the 4668 03:37:55,760 --> 03:38:01,620 tree to be fair but the the reality is there's also the 4669 03:38:01,620 --> 03:38:02,719 backside what you talked 4670 03:38:02,719 --> 03:38:06,149 about on the the specifics of the ordinance on the exempt 4671 03:38:06,149 --> 03:38:07,399 ions and I'll get 4672 03:38:07,399 --> 03:38:10,690 into this I understand your point that it could be argued 4673 03:38:10,690 --> 03:38:11,840 at court and you and 4674 03:38:11,840 --> 03:38:14,729 I are in an environment where we get to see those things 4675 03:38:14,729 --> 03:38:15,879 play out in our in our 4676 03:38:15,879 --> 03:38:20,700 in our jobs sure but I think for what they were getting at 4677 03:38:20,700 --> 03:38:21,319 and we appreciate 4678 03:38:21,319 --> 03:38:23,409 the city looking to streamline the ordinance I understand 4679 03:38:23,409 --> 03:38:24,159 their purpose for 4680 03:38:24,159 --> 03:38:26,809 it because they get hit with a ton of questions and 4681 03:38:26,809 --> 03:38:28,239 different things from my 4682 03:38:28,239 --> 03:38:31,420 guys from commercial guys but for a builder and you 4683 03:38:31,420 --> 03:38:32,840 mentioned heard this 4684 03:38:32,840 --> 03:38:35,190 mentioned earlier these developments are often planned 4685 03:38:35,190 --> 03:38:37,600 years in advance so if 4686 03:38:37,600 --> 03:38:40,219 they have the rules laid out clearly even though if it's 4687 03:38:40,219 --> 03:38:41,399 streamlined as far as 4688 03:38:41,399 --> 03:38:44,440 what has to be done but in certain areas or what kind of 4689 03:38:44,440 --> 03:38:45,360 exemptions that those 4690 03:38:45,360 --> 03:38:47,870 questions may come up sometimes it's good to have that 4691 03:38:47,870 --> 03:38:48,920 specific detail and 4692 03:38:48,920 --> 03:38:51,219 then we avoid all the headaches and things move forward 4693 03:38:51,219 --> 03:38:51,959 people don't get 4694 03:38:51,959 --> 03:38:53,600 their feelings hurt when something come through a plat 4695 03:38:53,600 --> 03:38:54,360 review and things like 4696 03:38:54,360 --> 03:38:57,690 that sure just one more item that kind of plays into this 4697 03:38:57,690 --> 03:38:58,920 with specifics and 4698 03:38:58,920 --> 03:39:02,620 this is a completely outside item but I do want you to keep 4699 03:39:02,620 --> 03:39:03,680 in mind because for 4700 03:39:03,680 --> 03:39:07,329 our guys who may be by an individual a lot or a few lots in 4701 03:39:07,329 --> 03:39:08,319 a new development 4702 03:39:08,319 --> 03:39:11,719 it will come into play there was a regulation that was 4703 03:39:11,719 --> 03:39:13,000 passed by I guess it 4704 03:39:13,000 --> 03:39:17,280 would be the Commission that oversees the US Postal Service 4705 03:39:17,280 --> 03:39:17,899 there was a House 4706 03:39:17,899 --> 03:39:20,399 Committee that involved it and the postal inspectors came 4707 03:39:20,399 --> 03:39:20,879 out with a 4708 03:39:20,879 --> 03:39:25,520 process and how they doled up the notification may not have 4709 03:39:25,520 --> 03:39:26,760 been exactly 4710 03:39:26,760 --> 03:39:31,370 adequate and so for new residential developments single- 4711 03:39:31,370 --> 03:39:32,760 family they are 4712 03:39:32,760 --> 03:39:36,469 calling that those new developments will require cluster 4713 03:39:36,469 --> 03:39:38,399 mailbox units what you 4714 03:39:38,399 --> 03:39:42,239 see in an apartment there's an argument they have for 4715 03:39:42,239 --> 03:39:43,760 financing I don't want to 4716 03:39:43,760 --> 03:39:45,309 get into that because they still have to drive around you 4717 03:39:45,309 --> 03:39:45,879 still have to have 4718 03:39:45,879 --> 03:39:48,100 certain distances there's always our worry about risk and 4719 03:39:48,100 --> 03:39:48,600 safety this 4720 03:39:48,600 --> 03:39:51,190 maintenance of it was lost keys etc we get into that but 4721 03:39:51,190 --> 03:39:52,159 the reason I bring 4722 03:39:52,159 --> 03:39:55,690 that up here is there does exist the situation we've seen 4723 03:39:55,690 --> 03:39:56,879 this on other places 4724 03:39:56,879 --> 03:40:00,020 in Metroplex where development had pulled their development 4725 03:40:00,020 --> 03:40:00,799 guides with the city 4726 03:40:00,799 --> 03:40:05,840 had gone through this process and built their $600 mailbox 4727 03:40:05,840 --> 03:40:07,760 es each one and they 4728 03:40:07,760 --> 03:40:11,030 were saying one of the final phases of a development and 4729 03:40:11,030 --> 03:40:12,280 the other phases were 4730 03:40:12,280 --> 03:40:16,920 recently finished and the Postal Service came to or a city 4731 03:40:16,920 --> 03:40:17,840 getting 4732 03:40:17,840 --> 03:40:20,200 notification from Postal Service came to them and informed 4733 03:40:20,200 --> 03:40:21,120 them that they would 4734 03:40:21,120 --> 03:40:24,239 not be getting mail delivered to that individual box so 4735 03:40:24,239 --> 03:40:25,440 they are left in the 4736 03:40:25,440 --> 03:40:27,940 position where they have to go back and go whose front yard 4737 03:40:27,940 --> 03:40:28,760 or what what do we 4738 03:40:28,760 --> 03:40:31,540 pull to place that mailbox and I mentioned that because we 4739 03:40:31,540 --> 03:40:32,079 run into the 4740 03:40:32,079 --> 03:40:34,510 issue of street trees and then and I just thought about 4741 03:40:34,510 --> 03:40:35,799 this up there does 4742 03:40:35,799 --> 03:40:39,319 this run an issue how we place trees on future things and I 4743 03:40:39,319 --> 03:40:40,479 will be researching 4744 03:40:40,479 --> 03:40:42,479 that if there's something I'll bring that to meetings that 4745 03:40:42,479 --> 03:40:43,200 's something just 4746 03:40:43,200 --> 03:40:45,600 ancillary that I think should be kept in mind it's just one 4747 03:40:45,600 --> 03:40:46,280 of these other 4748 03:40:46,280 --> 03:40:48,799 variables that we always end up dealing with and it's just 4749 03:40:48,799 --> 03:40:49,840 the little things that 4750 03:40:49,840 --> 03:40:53,399 play into it sure no thank you okay see no further 4751 03:40:53,399 --> 03:40:56,719 questions thank you thanks 4752 03:40:57,600 --> 03:41:03,780 next speaker is Mindy White to be followed by Michael Hinn 4753 03:41:03,780 --> 03:41:07,200 an thank you 4754 03:41:07,200 --> 03:41:10,840 thank you commissioners you've heard from developers 4755 03:41:10,840 --> 03:41:12,879 previously I'm going to 4756 03:41:12,879 --> 03:41:17,920 bring you the other side of the perspective from a citizen 4757 03:41:17,920 --> 03:41:18,399 and a 4758 03:41:18,399 --> 03:41:22,469 resident longtime resident of Denton direct dressing my 4759 03:41:22,469 --> 03:41:23,920 address yes clearly 4760 03:41:23,920 --> 03:41:28,959 haven't done this before 2614 Rockwood Lane thank you just 4761 03:41:28,959 --> 03:41:29,360 to give you a 4762 03:41:29,360 --> 03:41:32,040 little bit of background for those of you that don't know 4763 03:41:32,040 --> 03:41:32,920 me I know a couple 4764 03:41:32,920 --> 03:41:39,440 of you I've been in Denton since 96 I went to UNT I have 4765 03:41:39,440 --> 03:41:41,040 multiple degrees from 4766 03:41:41,040 --> 03:41:44,750 UNT biology graduate work in biology and a master's in 4767 03:41:44,750 --> 03:41:46,319 public administration so 4768 03:41:46,319 --> 03:41:49,200 that kind of informs what I'm speaking to you about from my 4769 03:41:49,200 --> 03:41:49,920 own personal 4770 03:41:49,920 --> 03:41:54,600 perspective in addition to just being a resident of Denton 4771 03:41:54,600 --> 03:41:56,920 I'm also another 4772 03:41:56,920 --> 03:42:00,129 speaker mentioned that they were a former city employee I 4773 03:42:00,129 --> 03:42:00,840 as well I'm a 4774 03:42:00,840 --> 03:42:04,510 former city employee I've worked in environmental services 4775 03:42:04,510 --> 03:42:05,440 here as well as 4776 03:42:05,440 --> 03:42:08,200 a former employee of keep done beautiful so I bring my 4777 03:42:08,200 --> 03:42:09,440 prior professional 4778 03:42:09,440 --> 03:42:13,200 experience here tonight as well and I want to start by 4779 03:42:13,200 --> 03:42:14,879 reading a letter that I 4780 03:42:14,879 --> 03:42:17,729 sent a couple of months ago to my council representative 4781 03:42:17,729 --> 03:42:18,520 that I think is 4782 03:42:18,520 --> 03:42:21,069 pertinent to some of the things that we're talking about 4783 03:42:21,069 --> 03:42:22,319 tonight and then I'd 4784 03:42:22,319 --> 03:42:25,319 like to address a few points that were brought up by some 4785 03:42:25,319 --> 03:42:26,520 of the speakers that 4786 03:42:26,520 --> 03:42:30,000 preceded me so just an excerpt from this letter that 4787 03:42:30,000 --> 03:42:32,079 actually talks about our 4788 03:42:32,079 --> 03:42:34,729 current iteration of the tree code and some ideas that I 4789 03:42:34,729 --> 03:42:35,639 had for it at that 4790 03:42:35,639 --> 03:42:39,190 time which I was excited to see Commissioner strange that a 4791 03:42:39,190 --> 03:42:39,680 lot of the 4792 03:42:39,680 --> 03:42:42,319 things that you mentioned kind of dovetail nicely with this 4793 03:42:42,319 --> 03:42:43,680 and so to read 4794 03:42:43,680 --> 03:42:46,270 from the letter our current tree code includes options for 4795 03:42:46,270 --> 03:42:47,120 developers to pay 4796 03:42:47,120 --> 03:42:49,969 into a tree mitigation fund for trees that they removed 4797 03:42:49,969 --> 03:42:51,079 during the building 4798 03:42:51,079 --> 03:42:54,479 process with a balance of over two million dollars it is my 4799 03:42:54,479 --> 03:42:55,260 hope that we 4800 03:42:55,260 --> 03:42:57,790 can use some of the mitigation funds for something that 4801 03:42:57,790 --> 03:42:58,739 will make a real and 4802 03:42:58,739 --> 03:43:01,430 meaningful difference in preserving some of our contiguous 4803 03:43:01,430 --> 03:43:02,600 old growth tree stands 4804 03:43:02,600 --> 03:43:05,790 many of these are made up of post oaks a species that is 4805 03:43:05,790 --> 03:43:07,520 notoriously difficult if 4806 03:43:07,520 --> 03:43:11,010 not impossible to replant and replace these native trees 4807 03:43:11,010 --> 03:43:12,239 are invaluable in the 4808 03:43:12,239 --> 03:43:14,770 cross timbers forest district and unfortunately have 4809 03:43:14,770 --> 03:43:15,959 experienced a decline 4810 03:43:15,959 --> 03:43:19,319 in recent years due in part to study development in the 4811 03:43:19,319 --> 03:43:20,799 area personally it 4812 03:43:20,799 --> 03:43:23,540 has saddened me to see the stand behind Walmart at Brinker 4813 03:43:23,540 --> 03:43:24,559 demolished for an 4814 03:43:24,559 --> 03:43:27,590 assisted living facility as well as similar large stands at 4815 03:43:27,590 --> 03:43:28,600 the preserve on 4816 03:43:28,600 --> 03:43:32,129 Teasley and on Crawford near Argyle these trees simply 4817 03:43:32,129 --> 03:43:33,600 cannot be replaced by 4818 03:43:33,600 --> 03:43:37,260 families and households participating in tree plantings we 4819 03:43:37,260 --> 03:43:38,399 cannot do anything 4820 03:43:38,399 --> 03:43:41,219 about the trees that we've lost we have to see the value in 4821 03:43:41,219 --> 03:43:42,200 the large stands of 4822 03:43:42,200 --> 03:43:45,219 quality trees that are left and moved to protect them and 4823 03:43:45,219 --> 03:43:46,399 so that's something 4824 03:43:46,399 --> 03:43:50,000 that I would really urge you to consider is looking at not 4825 03:43:50,000 --> 03:43:51,360 just the mitigation and 4826 03:43:51,360 --> 03:43:53,879 the replanting side of things but also on how can we 4827 03:43:53,879 --> 03:43:55,120 preserve our heritage 4828 03:43:55,120 --> 03:44:00,319 trees and our continued contiguous sections of trees that 4829 03:44:00,319 --> 03:44:00,879 just aren't 4830 03:44:00,879 --> 03:44:03,350 easily replaced there's a lot of trees here that are 4831 03:44:03,350 --> 03:44:05,000 historical there's 4832 03:44:05,000 --> 03:44:08,129 ecosystems that cannot be replaced just by going and even 4833 03:44:08,129 --> 03:44:09,440 planting native trees 4834 03:44:09,440 --> 03:44:12,780 so that's something that I would definitely encourage the 4835 03:44:12,780 --> 03:44:13,680 Commission to 4836 03:44:13,680 --> 03:44:17,350 consider as you're going forward with developing the new 4837 03:44:17,350 --> 03:44:18,319 ordinance and 4838 03:44:18,319 --> 03:44:21,600 approving the eventual ordinance that will be passed I 4839 03:44:21,600 --> 03:44:24,040 would definitely like 4840 03:44:24,040 --> 03:44:28,860 to see the city move forward with purchasing parcels that 4841 03:44:28,860 --> 03:44:29,840 have these 4842 03:44:29,840 --> 03:44:34,989 historical areas or protected species like or protected isn 4843 03:44:34,989 --> 03:44:36,399 't the right word 4844 03:44:36,399 --> 03:44:40,100 the post oaks the blackjack oaks those type of trees they 4845 03:44:40,100 --> 03:44:41,399 're already in place 4846 03:44:41,399 --> 03:44:45,299 to protect those to buy those parcels so that we don't have 4847 03:44:45,299 --> 03:44:46,639 to look at how can we 4848 03:44:46,639 --> 03:44:51,239 replace these or can they be replaced at all and I guess 4849 03:44:51,239 --> 03:44:53,559 that's a that's a side 4850 03:44:53,559 --> 03:44:56,739 of the tree code that hasn't really been investigated fully 4851 03:44:56,739 --> 03:44:57,799 we've done a lot of 4852 03:44:57,799 --> 03:45:00,680 really great things in terms of tree giveaways tree 4853 03:45:00,680 --> 03:45:02,079 education but we haven't 4854 03:45:02,079 --> 03:45:04,399 done much in terms of trying to preserve what's already 4855 03:45:04,399 --> 03:45:05,319 there and I would really 4856 03:45:05,319 --> 03:45:10,379 love to see maybe exploring more of the feasibility of some 4857 03:45:10,379 --> 03:45:12,440 of those aspects so 4858 03:45:12,440 --> 03:45:15,500 to get to some of the points that I wanted to address from 4859 03:45:15,500 --> 03:45:16,440 prior speakers 4860 03:45:16,440 --> 03:45:19,389 one of the gentleman mentioned that there's a lack of 4861 03:45:19,389 --> 03:45:20,600 common sense a lot of 4862 03:45:20,600 --> 03:45:24,829 times when it comes to ordinances and there was also a 4863 03:45:24,829 --> 03:45:27,040 mention of about infill 4864 03:45:27,040 --> 03:45:29,450 development by a couple of speakers as well and how 4865 03:45:29,450 --> 03:45:30,760 important that is and I 4866 03:45:30,760 --> 03:45:35,569 would like to comment that there's a whole option in there 4867 03:45:35,569 --> 03:45:37,000 about variances 4868 03:45:37,000 --> 03:45:39,690 and that's where we can bring our variances in on these inf 4869 03:45:39,690 --> 03:45:39,920 ill 4870 03:45:39,920 --> 03:45:42,350 developments if there is a single tree in the center 4871 03:45:42,350 --> 03:45:44,280 another I have two quickies 4872 03:45:44,280 --> 03:45:47,559 and then I'll be finished tree viability and survivorship 4873 03:45:47,559 --> 03:45:48,680 rights of the new trees 4874 03:45:48,680 --> 03:45:50,760 that are planted are also something that hasn't been 4875 03:45:50,760 --> 03:45:51,719 mentioned that I think 4876 03:45:51,719 --> 03:45:55,090 should be a serious concern if you are planning for trees 4877 03:45:55,090 --> 03:45:56,479 to replace one how 4878 03:45:56,479 --> 03:45:58,649 many of those four trees are going to make it to maturity 4879 03:45:58,649 --> 03:45:59,440 is that something 4880 03:45:59,440 --> 03:46:03,549 that's been looked at or considered at all and the question 4881 03:46:03,549 --> 03:46:04,920 that I had and I I 4882 03:46:04,920 --> 03:46:08,000 think that it kind of boils down to what this is all about 4883 03:46:08,000 --> 03:46:09,479 whenever you're you're 4884 03:46:09,479 --> 03:46:12,120 considering this is we're looking at the public good versus 4885 03:46:12,120 --> 03:46:13,159 individual property 4886 03:46:13,159 --> 03:46:17,100 rights really we're looking at the need for a tree canopy 4887 03:46:17,100 --> 03:46:18,079 and the benefits that 4888 03:46:18,079 --> 03:46:21,659 trees bring us and and the need that we as a city have to 4889 03:46:21,659 --> 03:46:23,040 define what kind of 4890 03:46:23,040 --> 03:46:25,479 city we want to be moving forward during this time of 4891 03:46:25,479 --> 03:46:27,479 growth and I think that 4892 03:46:27,479 --> 03:46:30,680 while there are lots of considerations that we need to give 4893 03:46:30,680 --> 03:46:31,719 to the importance 4894 03:46:31,719 --> 03:46:34,250 of property rights we also need to consider that public 4895 03:46:34,250 --> 03:46:35,520 good for instance we 4896 03:46:35,520 --> 03:46:38,020 can't just go and flush our toilet and have that go out in 4897 03:46:38,020 --> 03:46:38,959 the law and there's 4898 03:46:38,959 --> 03:46:42,219 a repercussion there so even though that's our property we 4899 03:46:42,219 --> 03:46:43,520 can't just always 4900 03:46:43,520 --> 03:46:46,930 do what we want without considering the overall good for 4901 03:46:46,930 --> 03:46:48,920 the community so I yield 4902 03:46:48,920 --> 03:46:52,870 to any questions that you may have most any questions but 4903 03:46:52,870 --> 03:46:54,360 do you have a comment 4904 03:46:54,360 --> 03:46:58,209 on one of your points in the ordinance now if you plant a 4905 03:46:58,209 --> 03:46:59,000 tree you have to 4906 03:46:59,000 --> 03:47:01,280 watch over it and maintain it for three years and if it 4907 03:47:01,280 --> 03:47:02,479 dies during that period 4908 03:47:02,479 --> 03:47:05,760 of time it has to be replaced so there is a mechanism 4909 03:47:05,760 --> 03:47:06,520 currently in that 4910 03:47:06,520 --> 03:47:09,879 ordinance to your point that you know what there is some 4911 03:47:09,879 --> 03:47:10,879 survivability in 4912 03:47:10,879 --> 03:47:13,229 there so I just wanted if you hadn't got to that level of 4913 03:47:13,229 --> 03:47:14,200 detail that is in our 4914 03:47:14,200 --> 03:47:17,889 ordinance so keep an eye on us and come back when we bring 4915 03:47:17,889 --> 03:47:19,180 this forward and I 4916 03:47:19,180 --> 03:47:21,139 think we're gonna have some work sessions as well and 4917 03:47:21,139 --> 03:47:21,760 invited to come 4918 03:47:21,760 --> 03:47:28,819 and participate those as well thank you very much next 4919 03:47:28,819 --> 03:47:30,159 speaker is Michael Hinnan 4920 03:47:30,159 --> 03:47:39,819 to be followed by Katherine Lundgarten thank you Chairman 4921 03:47:39,819 --> 03:47:41,520 Strange I'm 4922 03:47:41,520 --> 03:47:45,670 Michael Hinnan I live at 724 Thomas Street here in Denton I 4923 03:47:45,670 --> 03:47:49,040 feel a little bit 4924 03:47:49,040 --> 03:47:54,350 inadequate after hearing all this detailed and very numer 4925 03:47:54,350 --> 03:47:55,959 ically detailed 4926 03:47:55,959 --> 03:48:00,639 discussion going on about you know per inch and per square 4927 03:48:00,639 --> 03:48:02,159 foot and this that 4928 03:48:02,159 --> 03:48:04,360 and the other thing I'm speaking simply from the 4929 03:48:04,360 --> 03:48:06,319 perspective of a citizen who 4930 03:48:06,319 --> 03:48:09,989 lives here in Denton and is concerned about the loss of 4931 03:48:09,989 --> 03:48:11,559 green space that I see 4932 03:48:11,559 --> 03:48:15,379 occurring Mr. Morgan showed you that slide early in his 4933 03:48:15,379 --> 03:48:16,360 presentation that 4934 03:48:16,360 --> 03:48:20,909 showed an area of the city that had been a beautiful area 4935 03:48:20,909 --> 03:48:22,719 and it's been scalped 4936 03:48:22,719 --> 03:48:26,680 and it looks terrible and we know that even the houses that 4937 03:48:26,680 --> 03:48:27,799 are put in there 4938 03:48:27,799 --> 03:48:32,200 and have trees planted around them it's never going to be 4939 03:48:32,200 --> 03:48:33,600 what it looked like 4940 03:48:33,600 --> 03:48:38,829 before that piece of property was was developed and so it's 4941 03:48:38,829 --> 03:48:39,959 very important for 4942 03:48:39,959 --> 03:48:44,969 us to urge developers to develop their their properties to 4943 03:48:44,969 --> 03:48:46,600 the extent that it 4944 03:48:46,600 --> 03:48:52,100 preserves the maximum amount we can of this beautiful cross 4945 03:48:52,100 --> 03:48:53,799 timbers area that 4946 03:48:53,799 --> 03:48:57,950 we live in and and I'm afraid that our current ordinance 4947 03:48:57,950 --> 03:48:59,360 and even the one that's 4948 03:48:59,360 --> 03:49:03,799 proposed so far does not go far enough in trying to 4949 03:49:03,799 --> 03:49:06,399 preserve the the nature of 4950 03:49:06,399 --> 03:49:11,079 the and the natural landscape of the area that that we live 4951 03:49:11,079 --> 03:49:12,360 in I was 4952 03:49:12,360 --> 03:49:16,170 concerned about the same issue that Commissioner Beck 4953 03:49:16,170 --> 03:49:17,639 brought up about the 4954 03:49:17,639 --> 03:49:22,950 city's exemption from certain parts of the proposed 4955 03:49:22,950 --> 03:49:25,600 ordinance and I would urge 4956 03:49:25,600 --> 03:49:30,870 the the Commission here to pay close attention as to 4957 03:49:30,870 --> 03:49:33,000 whether or not that is a 4958 03:49:33,000 --> 03:49:36,399 proper exemption I've seen projects carried out by city 4959 03:49:36,399 --> 03:49:37,280 departments that have 4960 03:49:37,280 --> 03:49:41,979 left parts of our city looking a whole lot worse than when 4961 03:49:41,979 --> 03:49:43,040 this when they 4962 03:49:43,040 --> 03:49:48,719 started and I do not want any any part of our city to go 4963 03:49:48,719 --> 03:49:51,159 forward continuing to 4964 03:49:51,159 --> 03:49:55,209 make our city look worse than it does does now so I would 4965 03:49:55,209 --> 03:49:57,239 urge you not to give 4966 03:49:57,239 --> 03:50:01,110 any kind of blanket exemption I was also kind of concerned 4967 03:50:01,110 --> 03:50:03,319 with some of the 4968 03:50:03,319 --> 03:50:07,000 exemptions from the kinds of trees that were on the list to 4969 03:50:07,000 --> 03:50:07,760 be cut and I 4970 03:50:07,760 --> 03:50:12,909 understand that this is some type of a of a draft proposal 4971 03:50:12,909 --> 03:50:14,319 and perhaps it's not 4972 03:50:14,319 --> 03:50:18,030 the same as what I looked at online when I was looking at 4973 03:50:18,030 --> 03:50:19,440 the exhibits to the 4974 03:50:19,440 --> 03:50:24,590 ordinance but some of the exempt trees that apparently are 4975 03:50:24,590 --> 03:50:27,079 not covered are our 4976 03:50:27,079 --> 03:50:30,969 native trees to this area and can be quite beautiful trees 4977 03:50:30,969 --> 03:50:32,079 that I don't think 4978 03:50:32,079 --> 03:50:36,170 ought to be able to be exempted without some kind of a 4979 03:50:36,170 --> 03:50:37,959 review by a qualified 4980 03:50:37,959 --> 03:50:43,120 arborist I didn't have any problem with with the mesquite 4981 03:50:43,120 --> 03:50:44,799 and I didn't have any 4982 03:50:44,799 --> 03:50:49,549 problem with with with the locust that he mentioned the 4983 03:50:49,549 --> 03:50:51,399 tech there is a Texas 4984 03:50:51,399 --> 03:50:55,219 Mountain ash and then I would I would yield to some arbor 4985 03:50:55,219 --> 03:50:56,799 ist on this issue but 4986 03:50:56,799 --> 03:51:00,260 I don't know if the Texas Mountain ash has the same 4987 03:51:00,260 --> 03:51:01,959 vulnerability to the 4988 03:51:01,959 --> 03:51:06,719 emerald ash borer also though I would think that that the 4989 03:51:06,719 --> 03:51:07,600 hackberry the 4990 03:51:07,600 --> 03:51:12,549 sugar berry the cottonwood and the the Texas cedars and 4991 03:51:12,549 --> 03:51:14,319 even the Baudart not 4992 03:51:14,319 --> 03:51:19,700 to be automatically on on lists of exempted trees many of 4993 03:51:19,700 --> 03:51:20,600 those trees can 4994 03:51:20,600 --> 03:51:24,920 be quite beautiful and offer a lot of habitat for trees and 4995 03:51:24,920 --> 03:51:26,799 and food for 4996 03:51:26,799 --> 03:51:31,049 excuse me for birds and food for birds and add a lot to our 4997 03:51:31,049 --> 03:51:32,520 environment and it 4998 03:51:32,520 --> 03:51:35,920 gets us away from just having a monoculture of certain 4999 03:51:35,920 --> 03:51:36,920 kinds of trees 5000 03:51:36,920 --> 03:51:41,600 that's my concerns thank you thank you I see no questions 5001 03:51:41,600 --> 03:51:44,079 thank you sir 5002 03:51:45,799 --> 03:51:57,899 Catherine to be followed by Michelle Barry I'm Catherine 5003 03:51:57,899 --> 03:52:00,159 lost starting 11809 5004 03:52:00,159 --> 03:52:06,840 Sutherland my background just so to expose my biases I'm a 5005 03:52:06,840 --> 03:52:07,600 life member of 5006 03:52:07,600 --> 03:52:12,040 the Native Plant Society of Texas and I'm a charter member 5007 03:52:12,040 --> 03:52:13,239 of the chapter 5008 03:52:13,239 --> 03:52:17,500 that's here in Denton the Trinity Forks chapter and so I 5009 03:52:17,500 --> 03:52:19,600 want to add my support 5010 03:52:19,600 --> 03:52:23,059 for some of the recent comments about the value of 5011 03:52:23,059 --> 03:52:24,879 preserving the existing 5012 03:52:24,879 --> 03:52:31,479 trees because of the biological diversity that they provide 5013 03:52:31,479 --> 03:52:33,200 all trees are not 5014 03:52:33,200 --> 03:52:38,940 created equal trees that are nursery grown to be planted in 5015 03:52:38,940 --> 03:52:40,239 residential and 5016 03:52:40,239 --> 03:52:44,950 commercial developments have to be mass produced so they 5017 03:52:44,950 --> 03:52:46,319 have to be there then 5018 03:52:46,319 --> 03:52:50,780 those decisions are driven by economic factors so you tend 5019 03:52:50,780 --> 03:52:53,440 to get a very narrow 5020 03:52:53,440 --> 03:52:59,690 scope of tree species that are available for developers or 5021 03:52:59,690 --> 03:53:01,040 homeowners 5022 03:53:01,040 --> 03:53:05,090 individuals to purchase because the they're going to grow 5023 03:53:05,090 --> 03:53:06,319 the ones that grow 5024 03:53:06,319 --> 03:53:09,500 the fastest that require the least amount of water and 5025 03:53:09,500 --> 03:53:10,479 fertilizer and 5026 03:53:10,479 --> 03:53:14,760 attention and market demands are going to say yes those are 5027 03:53:14,760 --> 03:53:16,040 the ones we're going 5028 03:53:16,040 --> 03:53:21,280 to buy so there's just no comparison between planting a 5029 03:53:21,280 --> 03:53:23,040 hundred trees and 5030 03:53:23,040 --> 03:53:27,479 preserving a hundred trees that are already out there 5031 03:53:27,479 --> 03:53:29,479 similarly there are 5032 03:53:29,479 --> 03:53:33,270 quite a few species of trees that we don't know how to grow 5033 03:53:33,270 --> 03:53:34,360 them commercially 5034 03:53:34,360 --> 03:53:39,620 or they can't be post oak is an outstanding example and one 5035 03:53:39,620 --> 03:53:40,559 of the 5036 03:53:40,559 --> 03:53:46,899 stated purposes of the new ordinance is to preserve and 5037 03:53:46,899 --> 03:53:48,840 promote our cross 5038 03:53:48,840 --> 03:53:55,600 timbers ecosystem the heritage local to this part of Texas 5039 03:53:55,600 --> 03:53:57,280 the post oak is like 5040 03:53:57,280 --> 03:54:01,040 the signature tree of that ecosystem just to just to 5041 03:54:01,040 --> 03:54:03,200 mention one example the 5042 03:54:03,200 --> 03:54:07,899 more diverse plants species that you have relates to the 5043 03:54:07,899 --> 03:54:09,959 diversity of insects 5044 03:54:09,959 --> 03:54:15,270 the diversity of every other animal living species that 5045 03:54:15,270 --> 03:54:17,159 that is part of that 5046 03:54:17,159 --> 03:54:22,530 ecosystem most birds can only eat certain insects if others 5047 03:54:22,530 --> 03:54:23,120 are available 5048 03:54:23,120 --> 03:54:27,040 in abundance and the ones they want are not they can't 5049 03:54:27,040 --> 03:54:28,840 survive they can't switch 5050 03:54:28,840 --> 03:54:35,100 like we can switch our diet at will so if we and insects 5051 03:54:35,100 --> 03:54:37,319 also need certain 5052 03:54:37,319 --> 03:54:41,489 plants to survive if that plant is not there that insect is 5053 03:54:41,489 --> 03:54:42,440 not there if that 5054 03:54:42,440 --> 03:54:47,760 insect is not there that bird is not there so preserving a 5055 03:54:47,760 --> 03:54:50,520 diversity of tree 5056 03:54:50,520 --> 03:54:55,290 species throughout our city and especially that those 5057 03:54:55,290 --> 03:54:56,879 species that are 5058 03:54:56,879 --> 03:55:00,409 characteristic of our ecosystem it makes us different from 5059 03:55:00,409 --> 03:55:01,680 all other parts of the 5060 03:55:01,680 --> 03:55:07,709 state a Texas mountain ash for example I'm not familiar 5061 03:55:07,709 --> 03:55:09,680 with that species but 5062 03:55:09,680 --> 03:55:14,920 if it's a mountain ash it's not native to the cross timbers 5063 03:55:14,920 --> 03:55:16,840 prairie system and 5064 03:55:16,840 --> 03:55:21,399 it may grow here and as the you know climate conditions 5065 03:55:21,399 --> 03:55:23,399 change that may be a 5066 03:55:23,399 --> 03:55:27,549 tree that we import because it will survive here but 5067 03:55:27,549 --> 03:55:29,239 preserving what's 5068 03:55:29,239 --> 03:55:35,350 already here is so important and that's what I like about 5069 03:55:35,350 --> 03:55:37,920 the ordinance thank 5070 03:55:37,920 --> 03:55:43,600 you for your comments and this is a public hearing and I'm 5071 03:55:43,600 --> 03:55:44,360 down to my last 5072 03:55:44,360 --> 03:55:47,540 card so if there's anyone else that would like to speak you 5073 03:55:47,540 --> 03:55:48,399 can come forward 5074 03:55:48,399 --> 03:55:52,450 after miss Barry and give your comments and then please 5075 03:55:52,450 --> 03:55:54,120 fill out a card good 5076 03:55:54,120 --> 03:55:59,270 evening Michelle Barry 1716 West Eagle that in Texas and I 5077 03:55:59,270 --> 03:56:00,520 just like to start 5078 03:56:00,520 --> 03:56:02,920 by saying I think Haywood is a great resource that the city 5079 03:56:02,920 --> 03:56:03,559 of Denton has 5080 03:56:03,559 --> 03:56:06,719 he's absolutely fabulous I do call him him for professional 5081 03:56:06,719 --> 03:56:07,840 advice from time to 5082 03:56:07,840 --> 03:56:10,690 time as well as personal advice from my own trees so I just 5083 03:56:10,690 --> 03:56:11,879 think he's great and 5084 03:56:11,879 --> 03:56:14,530 I appreciate the work that he's done I wanted to echo the 5085 03:56:14,530 --> 03:56:15,579 comments about the 5086 03:56:15,579 --> 03:56:18,250 value of the existing cross timbers forest especially the 5087 03:56:18,250 --> 03:56:19,159 blackjack oak and 5088 03:56:19,159 --> 03:56:22,450 the post oak those are native trees you cannot replant them 5089 03:56:22,450 --> 03:56:23,600 you cannot buy them 5090 03:56:23,600 --> 03:56:26,690 at nurseries they have a special value to the citizens here 5091 03:56:26,690 --> 03:56:27,680 in Denton I know 5092 03:56:27,680 --> 03:56:29,440 that because they have a special value to me and I know 5093 03:56:29,440 --> 03:56:30,120 that because when I 5094 03:56:30,120 --> 03:56:32,870 worked at the city of Denton I heard that from the citizens 5095 03:56:32,870 --> 03:56:33,479 I worked on 5096 03:56:33,479 --> 03:56:35,739 several of those projects where trees were removed 5097 03:56:35,739 --> 03:56:37,040 including the example that 5098 03:56:37,040 --> 03:56:39,879 Haywood showed you so I know firsthand from dealing with 5099 03:56:39,879 --> 03:56:41,000 the citizens adjacent 5100 03:56:41,000 --> 03:56:44,420 to that how much these trees are valued by the citizens I 5101 03:56:44,420 --> 03:56:45,600 like that we have a 5102 03:56:45,600 --> 03:56:48,709 minimum preservation for these trees and I like that we put 5103 03:56:48,709 --> 03:56:49,840 extra emphasis on the 5104 03:56:49,840 --> 03:56:53,860 native species as heritage trees I think the 30% goal is 5105 03:56:53,860 --> 03:56:54,920 great that's really what 5106 03:56:54,920 --> 03:56:58,389 we want to be at is 30% or higher for a whole city wide and 5107 03:56:58,389 --> 03:56:59,639 so I think this code 5108 03:56:59,639 --> 03:57:03,040 that requires that but then allows for an additional 5109 03:57:03,040 --> 03:57:05,840 removal of 15% of those if 5110 03:57:05,840 --> 03:57:08,680 you mitigate honestly I think most mitigation will happen 5111 03:57:08,680 --> 03:57:09,479 by planting on 5112 03:57:09,479 --> 03:57:11,819 site rather than paying into the fee I know we talked a lot 5113 03:57:11,819 --> 03:57:12,959 about that but the 5114 03:57:12,959 --> 03:57:15,420 option they have is to plant and that counts as their 5115 03:57:15,420 --> 03:57:16,719 landscape plantings so I 5116 03:57:16,719 --> 03:57:19,370 think in most circumstances that's probably what's going to 5117 03:57:19,370 --> 03:57:20,559 happen we'd have 5118 03:57:20,559 --> 03:57:24,079 to go through some scenarios to kind of check on all of 5119 03:57:24,079 --> 03:57:26,680 that so I haven't also 5120 03:57:26,680 --> 03:57:29,360 been reading a lot of tree codes recently and I just I 5121 03:57:29,360 --> 03:57:30,239 really like the 5122 03:57:30,239 --> 03:57:32,559 one that's been drafted here for Denton I think it is 5123 03:57:32,559 --> 03:57:33,600 unique to us I think it 5124 03:57:33,600 --> 03:57:39,180 does represent our city as a community let's see I think 5125 03:57:39,180 --> 03:57:41,079 that this code will 5126 03:57:41,079 --> 03:57:43,549 work on a variety of different kinds of lots it'll even 5127 03:57:43,549 --> 03:57:44,280 work in your smaller 5128 03:57:44,280 --> 03:57:47,489 subdivisions developers will have to change their practices 5129 03:57:47,489 --> 03:57:48,280 a little bit to 5130 03:57:48,280 --> 03:57:50,799 be inclusive of trees when they're laying out the subdiv 5131 03:57:50,799 --> 03:57:51,680 isions and laying 5132 03:57:51,680 --> 03:57:54,020 out open spaces especially where they know they're going to 5133 03:57:54,020 --> 03:57:54,719 have smaller lot 5134 03:57:54,719 --> 03:57:57,360 homes because you can't preserve as many trees on those 5135 03:57:57,360 --> 03:57:59,040 individual lots but I've 5136 03:57:59,040 --> 03:58:01,440 seen great examples throughout the Metroplex where people 5137 03:58:01,440 --> 03:58:02,440 preserve trees and 5138 03:58:02,440 --> 03:58:05,930 medians and entry spaces and open space areas which then 5139 03:58:05,930 --> 03:58:07,200 benefit the entire 5140 03:58:07,200 --> 03:58:09,860 subdivision and those open space areas are especially 5141 03:58:09,860 --> 03:58:11,120 valuable where you have 5142 03:58:11,120 --> 03:58:13,770 smaller lot homes as people don't have the backyards and 5143 03:58:13,770 --> 03:58:14,840 they increase the 5144 03:58:14,840 --> 03:58:17,209 value of those homes in those neighborhoods because more of 5145 03:58:17,209 --> 03:58:17,639 them are 5146 03:58:17,639 --> 03:58:21,280 within that 800 to 1200 foot range of those areas so I 5147 03:58:21,280 --> 03:58:22,120 think that's just great 5148 03:58:22,120 --> 03:58:25,959 as well and I think it works pretty much everywhere if it 5149 03:58:25,959 --> 03:58:27,120 doesn't work there is a 5150 03:58:27,120 --> 03:58:30,899 variance built into the code to allow for staff and 5151 03:58:30,899 --> 03:58:32,639 possible appeal to the 5152 03:58:32,639 --> 03:58:36,870 zoning board of adjustment so there is a safety valve if it 5153 03:58:36,870 --> 03:58:39,079 's necessary I think 5154 03:58:39,079 --> 03:58:41,120 that's the summary of all of my comments but I think it's a 5155 03:58:41,120 --> 03:58:42,040 great code I hope you 5156 03:58:42,040 --> 03:58:46,659 adopt it as it's presented tonight thanks thank you again 5157 03:58:46,659 --> 03:58:47,760 this is a public 5158 03:58:47,760 --> 03:58:49,860 hearing is there anyone else that would like to come down 5159 03:58:49,860 --> 03:58:51,120 and speak at this time 5160 03:58:51,120 --> 03:58:54,549 okay please come forward give your name and address and 5161 03:58:54,549 --> 03:58:55,559 when you're done if you 5162 03:58:55,559 --> 03:58:58,600 don't fill out a card for us we'd appreciate it 5163 03:58:58,600 --> 03:59:01,629 earlier that I didn't want to speak but I decided that I do 5164 03:59:01,629 --> 03:59:02,520 want to okay so 5165 03:59:02,520 --> 03:59:06,239 Lindy Dodd I live at 612 Pearl Street okay I've been a 5166 03:59:06,239 --> 03:59:07,559 longtime resident of 5167 03:59:07,559 --> 03:59:10,129 Denton 20 plus years I have a couple of degrees from the 5168 03:59:10,129 --> 03:59:11,120 University of North 5169 03:59:11,120 --> 03:59:14,319 Texas environmental science I have a master's in 5170 03:59:14,319 --> 03:59:15,760 environmental science and my 5171 03:59:15,760 --> 03:59:19,020 current occupation is a research biologist and I just 5172 03:59:19,020 --> 03:59:20,159 wanted to speak in 5173 03:59:20,159 --> 03:59:24,420 support of several of the people who have just spoken about 5174 03:59:24,420 --> 03:59:25,799 the importance of 5175 03:59:25,799 --> 03:59:31,340 the post oak and blackjack oak ecosystem it is actually 5176 03:59:31,340 --> 03:59:32,719 quite unique 5177 03:59:32,719 --> 03:59:38,239 for the north central Texas and I also wanted to speak to 5178 03:59:38,239 --> 03:59:40,000 the fact that our 5179 03:59:40,000 --> 03:59:43,190 home that we live out at 612 Pearl Street has quite a 5180 03:59:43,190 --> 03:59:44,360 number of large 5181 03:59:44,360 --> 03:59:51,040 diameter post oak trees and that the the new tree code I 5182 03:59:51,040 --> 03:59:52,319 don't have any issue 5183 03:59:52,319 --> 03:59:56,559 with if say one of our trees dies and I have to replace it 5184 03:59:56,559 --> 03:59:57,920 obviously I don't have 5185 03:59:57,920 --> 04:00:01,670 any issues with having to do that and I also want to say 5186 04:00:01,670 --> 04:00:03,680 that when we purchased 5187 04:00:03,680 --> 04:00:07,959 our home we actually paid above the appraised value of our 5188 04:00:07,959 --> 04:00:09,319 home by about 5189 04:00:09,319 --> 04:00:13,860 $10,000 because it was a tree lot and we we've really 5190 04:00:13,860 --> 04:00:15,600 valued the large post oaks 5191 04:00:15,600 --> 04:00:20,559 that were on that property and since that time our property 5192 04:00:20,559 --> 04:00:21,559 we get quite a 5193 04:00:21,559 --> 04:00:25,030 few letters and folks that that want to purchase the 5194 04:00:25,030 --> 04:00:27,040 property from us now and 5195 04:00:27,040 --> 04:00:31,479 every time we hear we love the trees we love your trees we 5196 04:00:31,479 --> 04:00:32,920 love your post oaks 5197 04:00:32,920 --> 04:00:37,819 and I just wanted to convey as a resident of the city of 5198 04:00:37,819 --> 04:00:42,360 Denton how important are 5199 04:00:42,360 --> 04:00:48,469 or how I feel as far as the post oak blackjack oak Eastern 5200 04:00:48,469 --> 04:00:50,639 Crosstoran Timbers 5201 04:00:50,639 --> 04:00:55,239 ecosystem is to the city of Denton and that preserving 5202 04:00:55,239 --> 04:00:56,680 these these older stands 5203 04:00:56,680 --> 04:01:00,700 of canopy are very important and they're very difficult to 5204 04:01:00,700 --> 04:01:01,680 replace once they've 5205 04:01:01,680 --> 04:01:05,100 been removed I believe that someone spoke as to how 5206 04:01:05,100 --> 04:01:06,639 difficult it is to get 5207 04:01:06,639 --> 04:01:09,520 some of these trees commercially for a variety of reasons 5208 04:01:09,520 --> 04:01:10,440 that have already 5209 04:01:10,440 --> 04:01:14,920 been explained but they are very difficult to purchase 5210 04:01:14,920 --> 04:01:15,680 commercially and 5211 04:01:15,680 --> 04:01:19,700 they are very difficult to get established so preserving 5212 04:01:19,700 --> 04:01:20,799 these in this 5213 04:01:20,799 --> 04:01:25,360 ecosystem it seems to me in my mind and in my opinion much 5214 04:01:25,360 --> 04:01:27,440 more important than 5215 04:01:27,440 --> 04:01:29,979 trying to mitigate for it after the fact by planting a 5216 04:01:29,979 --> 04:01:31,639 bunch of live oaks with 5217 04:01:31,639 --> 04:01:35,540 their used to be post oaks it's pretty much all I had I 5218 04:01:35,540 --> 04:01:36,680 wasn't really prepared 5219 04:01:36,680 --> 04:01:39,629 and I don't do well speaking in front of people so thank 5220 04:01:39,629 --> 04:01:40,520 you very much 5221 04:01:40,520 --> 04:01:45,760 thank you again this public hearing is there anyone else 5222 04:01:45,760 --> 04:01:46,879 who would like to speak 5223 04:01:46,879 --> 04:01:49,600 to us this evening 5224 04:01:54,520 --> 04:01:55,969 since we have a motion that this item is going to be 5225 04:01:55,969 --> 04:01:59,360 continued we're going to 5226 04:01:59,360 --> 04:02:04,180 leave our public hearing open and we're going to move on to 5227 04:02:04,180 --> 04:02:05,600 the final item that 5228 04:02:05,600 --> 04:02:11,680 we have on our agenda tonight I'm sorry I didn't see you on 5229 04:02:11,680 --> 04:02:12,479 the board and there's 5230 04:02:12,479 --> 04:02:16,540 some couple more on here now sorry Commissioner Taylor 5231 04:02:16,540 --> 04:02:17,879 thank you chair I 5232 04:02:17,879 --> 04:02:20,879 just wanted to so when we come back to our work session I 5233 04:02:20,879 --> 04:02:21,600 wanted to give the 5234 04:02:21,600 --> 04:02:25,739 feedback from my feedback on this so far you know we have 5235 04:02:25,739 --> 04:02:27,620 two primary purposes of 5236 04:02:27,620 --> 04:02:31,040 our tree ordinance one is preservation preservation of you 5237 04:02:31,040 --> 04:02:32,000 know very important 5238 04:02:32,000 --> 04:02:36,600 in this area is cross timbers and just general treat areas 5239 04:02:36,600 --> 04:02:37,879 and then we also 5240 04:02:37,879 --> 04:02:43,989 have creating a built space that is treed and that we want 5241 04:02:43,989 --> 04:02:45,360 and I think this 5242 04:02:45,360 --> 04:02:50,559 this ordinance does a really good job on the built spaces 5243 04:02:50,559 --> 04:02:51,680 it doesn't have as much 5244 04:02:51,680 --> 04:02:54,620 on just general preservation our former ordinance or 5245 04:02:54,620 --> 04:02:55,920 current ordinance that 5246 04:02:55,920 --> 04:02:59,149 we're looking at revising had tree trusts and all of these 5247 04:02:59,149 --> 04:02:59,879 different 5248 04:02:59,879 --> 04:03:05,729 mechanisms that in 14 years have never been used a single 5249 04:03:05,729 --> 04:03:08,079 time so if there was 5250 04:03:08,079 --> 04:03:12,000 a way to make a tree trust work I love the idea of tree 5251 04:03:12,000 --> 04:03:13,520 trusts but if in the 5252 04:03:13,520 --> 04:03:17,319 last 40,000 people that have moved here in the last 25,000 5253 04:03:17,319 --> 04:03:18,600 units of housing that 5254 04:03:18,600 --> 04:03:21,899 have been built and over the over a decade we've never once 5255 04:03:21,899 --> 04:03:22,799 been able to make 5256 04:03:22,799 --> 04:03:26,709 it work I don't know what it would take to to make that 5257 04:03:26,709 --> 04:03:30,159 work the economic 5258 04:03:30,159 --> 04:03:34,559 concerns from development I think I think they realize I 5259 04:03:34,559 --> 04:03:36,040 think it's so this 5260 04:03:36,040 --> 04:03:38,360 is a complex ordinance and there's a lot of information 5261 04:03:38,360 --> 04:03:39,520 here but I think in the in 5262 04:03:39,520 --> 04:03:42,479 going through this process they've realized that being able 5263 04:03:42,479 --> 04:03:43,760 to double count 5264 04:03:43,760 --> 04:03:48,909 preservation with landscape and street trees and parking 5265 04:03:48,909 --> 04:03:50,559 trees is a massive 5266 04:03:50,559 --> 04:03:53,290 benefit because normally it's you have to preserve 20% and 5267 04:03:53,290 --> 04:03:54,040 then you have to 5268 04:03:54,040 --> 04:03:57,639 come up with another 300 trees for the parking lots or 5269 04:03:57,639 --> 04:03:59,200 another you know 80 5270 04:03:59,200 --> 04:04:02,649 trees for the landscape type D landscape buffer along the 5271 04:04:02,649 --> 04:04:04,040 back of the property or 5272 04:04:04,040 --> 04:04:08,149 things like that well now those 300 parking lot trees in 5273 04:04:08,149 --> 04:04:08,920 that apartment 5274 04:04:08,920 --> 04:04:14,069 complex in the example would be 300,000 square feet of 5275 04:04:14,069 --> 04:04:16,600 canopy it would easily hit 5276 04:04:16,600 --> 04:04:22,020 that 117,000 square feet of canopy requirement and I think 5277 04:04:22,020 --> 04:04:22,600 even in the 5278 04:04:22,600 --> 04:04:26,930 worst-case scenario of a 100% tree lot you know if you have 5279 04:04:26,930 --> 04:04:28,399 50 acres 100% 5280 04:04:28,399 --> 04:04:34,079 trees zero ESA zero floodplain it's all buildable you could 5281 04:04:34,079 --> 04:04:35,360 still probably hit 5282 04:04:35,360 --> 04:04:40,879 your your your president or your mitigation requirements 5283 04:04:40,879 --> 04:04:42,340 just in the 5284 04:04:42,340 --> 04:04:46,389 landscaping and street trees without even you know without 5285 04:04:46,389 --> 04:04:47,159 even making 5286 04:04:47,159 --> 04:04:50,659 concerted effort to build tree parks or dedicate to 5287 04:04:50,659 --> 04:04:52,600 preservation but if you had 5288 04:04:52,600 --> 04:04:55,000 to put it in preservation you're still looking at a 15% 5289 04:04:55,000 --> 04:04:57,360 preservation so 23 acres 5290 04:04:57,360 --> 04:05:00,690 you end up with about three acres at the back that you don 5291 04:05:00,690 --> 04:05:02,559 't build on so to say 5292 04:05:02,559 --> 04:05:05,840 that this makes a project completely economically untenable 5293 04:05:05,840 --> 04:05:06,360 it lowers the 5294 04:05:06,360 --> 04:05:10,420 value of that land by approximately 15% but it doesn't make 5295 04:05:10,420 --> 04:05:11,799 building in 5296 04:05:11,799 --> 04:05:15,819 Denton untenable in fact I think it makes it a lot more a 5297 04:05:15,819 --> 04:05:17,559 lot easier than it is 5298 04:05:17,559 --> 04:05:21,239 today because I think in today you'd end up with you know 5299 04:05:21,239 --> 04:05:22,360 this you have to 5300 04:05:22,360 --> 04:05:24,860 preserve about three acres and then you have to go plant 5301 04:05:24,860 --> 04:05:26,000 all of these additional 5302 04:05:26,000 --> 04:05:32,000 landscaping street trees the single-family exemption or no 5303 04:05:32,000 --> 04:05:32,280 finger 5304 04:05:32,280 --> 04:05:35,680 single-family exemption no small lot exemption I think that 5305 04:05:35,680 --> 04:05:36,360 's where you could 5306 04:05:36,360 --> 04:05:40,200 really get in trouble is you could have a fifth acre lot 5307 04:05:40,200 --> 04:05:41,079 that becomes 5308 04:05:41,079 --> 04:05:44,809 unbuildable because it's got a handful of large trees and 5309 04:05:44,809 --> 04:05:45,559 they're in the wrong 5310 04:05:45,559 --> 04:05:48,620 place and there's absolutely nothing you can do and you can 5311 04:05:48,620 --> 04:05:50,319 't mitigate below 15% 5312 04:05:50,319 --> 04:05:53,860 if you have to cut down all three large trees on that lot 5313 04:05:53,860 --> 04:05:55,719 over on Frye Street 5314 04:05:55,719 --> 04:06:02,440 you're at 0% and so that becomes completely unusable and I 5315 04:06:02,440 --> 04:06:02,840 guess that 5316 04:06:02,840 --> 04:06:05,200 would be a case for the ZBA but I don't think it would be 5317 04:06:05,200 --> 04:06:06,719 worth going to the ZBA 5318 04:06:06,719 --> 04:06:10,739 for a fifth acre lot you know it had to be a really special 5319 04:06:10,739 --> 04:06:11,959 case so I'd like to 5320 04:06:11,959 --> 04:06:15,469 look at those the fringe cases of small lots and 5321 04:06:15,469 --> 04:06:17,559 potentially of an existing 5322 04:06:17,559 --> 04:06:22,149 single-family home where you might have a Bradford pear in 5323 04:06:22,149 --> 04:06:23,040 the front and an oak 5324 04:06:23,040 --> 04:06:26,709 in the back and you know you have to remove one of them and 5325 04:06:26,709 --> 04:06:27,719 in you get in a 5326 04:06:27,719 --> 04:06:31,340 bind on you know you get in a position where you know you 5327 04:06:31,340 --> 04:06:32,760 can't really replant 5328 04:06:32,760 --> 04:06:40,120 on your NR6 with your Bradford pear I think those are those 5329 04:06:40,120 --> 04:06:40,559 are all of my 5330 04:06:40,559 --> 04:06:44,729 notes I I wish we could do more to address preservation I 5331 04:06:44,729 --> 04:06:45,440 don't think it's 5332 04:06:45,440 --> 04:06:47,319 going to fit in this ordinance or it's going to be like a 5333 04:06:47,319 --> 04:06:48,159 separate section on 5334 04:06:48,159 --> 04:06:53,389 tree trusts or alternate ways of preserving large acreages 5335 04:06:53,389 --> 04:06:54,479 of existing 5336 04:06:54,479 --> 04:07:00,360 forest thank you. Commissioner Dudlewicz. Hey would could 5337 04:07:00,360 --> 04:07:01,360 you I'm going to ask a 5338 04:07:01,360 --> 04:07:05,850 question for point of clarification as we're talking trees 5339 04:07:05,850 --> 04:07:07,399 and development help 5340 04:07:07,399 --> 04:07:12,829 me understand UNT and TWU and what ordinances or 5341 04:07:12,829 --> 04:07:14,200 requirements they have 5342 04:07:14,200 --> 04:07:17,629 because they're going to future develop I'm looking at the 5343 04:07:17,629 --> 04:07:18,879 old golf course which 5344 04:07:18,879 --> 04:07:21,840 is going to go someplace and there's been discussion about 5345 04:07:21,840 --> 04:07:23,079 a housing and/or 5346 04:07:23,079 --> 04:07:26,000 parks and/or classrooms and there's some beautiful trees in 5347 04:07:26,000 --> 04:07:27,440 that property as well 5348 04:07:27,440 --> 04:07:31,100 as the old Texas North Texas golf course that still is 5349 04:07:31,100 --> 04:07:32,680 quite open for future 5350 04:07:32,680 --> 04:07:36,920 development and there's again ponds and trees there what do 5351 04:07:36,920 --> 04:07:39,520 they fall under? 5352 04:07:39,520 --> 04:07:47,840 State. State ordinances or development has what? Yes yeah I 5353 04:07:47,840 --> 04:07:50,040 mean they they they 5354 04:07:50,040 --> 04:07:53,799 are exempt from they're exempt from everything right that 5355 04:07:53,799 --> 04:07:55,879 that being said I 5356 04:07:55,879 --> 04:07:59,930 have you know been called upon by the the I think she was 5357 04:07:59,930 --> 04:08:01,079 the landscape 5358 04:08:01,079 --> 04:08:05,739 architect for UNT to discuss a project that they were doing 5359 04:08:05,739 --> 04:08:06,559 on campus in 5360 04:08:06,559 --> 04:08:10,319 relation to some of their existing mature trees as far as 5361 04:08:10,319 --> 04:08:11,079 assessing the 5362 04:08:11,079 --> 04:08:13,379 health conditions and the alignment of where they were 5363 04:08:13,379 --> 04:08:14,879 going with their their 5364 04:08:14,879 --> 04:08:19,020 project. What about the discussion with TWU? With TWU and I 5365 04:08:19,020 --> 04:08:20,440 'm not sure if they 5366 04:08:20,440 --> 04:08:22,760 are private or state school. They're private. If they're 5367 04:08:22,760 --> 04:08:23,760 private school then 5368 04:08:23,760 --> 04:08:28,239 they would be they would fall under the regulations and 5369 04:08:28,239 --> 04:08:28,440 under our 5370 04:08:28,440 --> 04:08:31,000 jurisdiction. I'm sorry then they're not private. I'm not 5371 04:08:31,000 --> 04:08:32,440 sure if you know if 5372 04:08:32,440 --> 04:08:35,209 they're state then they would be you know in the same 5373 04:08:35,209 --> 04:08:37,159 category as as UNT. 5374 04:08:37,159 --> 04:08:39,600 That's a concern because there's a lot of trees and a lot 5375 04:08:39,600 --> 04:08:40,200 of development 5376 04:08:40,200 --> 04:08:45,920 potential there. We have people from ex-UNT here too I'm 5377 04:08:45,920 --> 04:08:46,680 hoping they're 5378 04:08:46,680 --> 04:08:51,280 pushing it in and making some comments and or getting 5379 04:08:51,280 --> 04:08:52,379 involved with what's what 5380 04:08:52,379 --> 04:08:57,559 could happen there. All right thank you. 5381 04:08:59,840 --> 04:09:04,790 Okay any other questions or discussion on on this public 5382 04:09:04,790 --> 04:09:07,000 hearing item? 5383 04:09:09,200 --> 04:09:11,690 Seeing none again this public hearing is going to remain 5384 04:09:11,690 --> 04:09:12,840 open. It will be 5385 04:09:12,840 --> 04:09:16,229 continued indefinitely and we will continue to work on this 5386 04:09:16,229 --> 04:09:17,959 ordinance and I 5387 04:09:17,959 --> 04:09:20,979 think one of the things that we are hopeful is to have at 5388 04:09:20,979 --> 04:09:21,959 least one or two 5389 04:09:21,959 --> 04:09:25,479 work sessions before it comes back so we encourage anybody 5390 04:09:25,479 --> 04:09:26,879 who is interested in 5391 04:09:26,879 --> 04:09:31,110 this issue please stay apprised of that and you're welcome 5392 04:09:31,110 --> 04:09:32,219 to come and continue 5393 04:09:32,219 --> 04:09:35,579 to give us staff feedback and your thoughts and attend the 5394 04:09:35,579 --> 04:09:37,159 work sessions so 5395 04:09:37,159 --> 04:09:41,250 that we can work out whatever the items are that need to be 5396 04:09:41,250 --> 04:09:42,600 addressed and fine 5397 04:09:42,600 --> 04:09:46,620 tuned and tweaked and come back here for a continued public 5398 04:09:46,620 --> 04:09:47,840 hearing to move this 5399 04:09:47,840 --> 04:09:50,540 ordinance on forward to City Council. So thank you all for 5400 04:09:50,540 --> 04:09:51,600 coming out tonight to 5401 04:09:51,600 --> 04:09:55,520 participate and we are going to now move to our final item 5402 04:09:55,520 --> 04:09:56,920 tonight which is going 5403 04:09:56,920 --> 04:10:02,319 to be our project matrix and our concluding items. 5404 04:10:07,719 --> 04:10:12,319 Commissioner Dudowitz. This is a question from all on page 5405 04:10:12,319 --> 04:10:15,000 three of the matrix or I love this new 5406 04:10:15,000 --> 04:10:20,479 matrix looks really good but on page three one of my 5407 04:10:20,479 --> 04:10:23,319 comments that I 5408 04:10:23,319 --> 04:10:26,180 received information regarding power and duties of the 5409 04:10:26,180 --> 04:10:27,840 Commission relating to 5410 04:10:27,840 --> 04:10:31,610 clearance and slum rehabilitation of blighted areas. I 5411 04:10:31,610 --> 04:10:33,280 recall you said that 5412 04:10:33,280 --> 04:10:36,729 there is a conflict between what we're allowed to do and 5413 04:10:36,729 --> 04:10:38,200 code enforcement but I 5414 04:10:38,200 --> 04:10:43,120 don't ever remember getting any clarification back on that. 5415 04:10:43,120 --> 04:10:46,159 Commissioner Dudowitz I believe a memo was prepared and 5416 04:10:46,159 --> 04:10:48,719 sent to the entire Commission and I will 5417 04:10:48,719 --> 04:10:52,739 double-check to make sure that didn't slip through the 5418 04:10:52,739 --> 04:10:54,440 cracks. Okay that'd be 5419 04:10:54,440 --> 04:10:56,620 great because I don't recall. I apologize I know we did 5420 04:10:56,620 --> 04:11:00,040 talk about it and I had one of our 5421 04:11:00,040 --> 04:11:04,430 team members prepared a write-up for the Commission so I'll 5422 04:11:04,430 --> 04:11:05,520 look into that and 5423 04:11:05,520 --> 04:11:09,000 make sure and find out what happened to that. 5424 04:11:10,680 --> 04:11:15,840 Anyone else on the project matrix or a future agenda item 5425 04:11:15,840 --> 04:11:17,959 or concluding item? 5426 04:11:19,920 --> 04:11:25,069 Seeing none I'm going to close our meeting tonight at 9 31. 5427 04:11:25,069 --> 04:11:25,559 Thank you all 5428 04:11:25,559 --> 04:11:28,159 for coming out.