WEBVTT 00:00:00.000 --> 00:00:06.200 Time is 5.01. This meeting has been duly posted and we do 00:00:06.200 --> 00:00:07.559 now have a quorum 00:00:07.559 --> 00:00:11.070 present. I'm gonna call our meeting to order and as chair I 00:00:11.070 --> 00:00:13.000 want to change the 00:00:13.000 --> 00:00:18.149 order on our agenda of presentation from our clarification 00:00:18.149 --> 00:00:19.260 of agenda items 00:00:19.260 --> 00:00:21.899 because we have I think quite a bit of discussion this 00:00:21.899 --> 00:00:23.239 evening about our public 00:00:23.239 --> 00:00:26.000 hearing item on the tree ordinance and we're going to go 00:00:26.000 --> 00:00:27.000 ahead for our first 00:00:27.000 --> 00:00:33.880 item in our work session to hear PZ 16 - 124 receive a 00:00:33.880 --> 00:00:34.719 report and hold a 00:00:34.719 --> 00:00:37.429 discussion on the park dedication development fees if y'all 00:00:37.429 --> 00:00:38.079 will go ahead 00:00:38.079 --> 00:00:41.960 and make your presentation on that first and we'll we'll go 00:00:41.960 --> 00:00:45.079 back to the tree code. 00:00:57.000 --> 00:01:03.439 Good evening, I'm Jim Mays with the Parks and Recreation 00:01:03.439 --> 00:01:05.480 Department. I appreciate the 00:01:05.480 --> 00:01:08.980 opportunity to come out and discuss our 915 and 916 park 00:01:08.980 --> 00:01:10.159 dedication and park 00:01:10.159 --> 00:01:13.560 development ordinance with you. I wanted to see if everyone 00:01:13.560 --> 00:01:14.680 has a physical 00:01:14.680 --> 00:01:18.040 copy of the ordinance so we can review it later on. Should 00:01:18.040 --> 00:01:18.439 we have the 00:01:18.439 --> 00:01:22.400 opportunity? If not, I'll place these. 00:01:27.000 --> 00:01:29.000 Thank you, sir. 00:01:49.799 --> 00:01:52.930 Outstanding, thank you very much. This has been announced a 00:01:52.930 --> 00:01:53.400 very good 00:01:53.400 --> 00:01:57.640 ordinance for us. It's served us since 1998. With 00:01:57.640 --> 00:01:59.239 everything it's time to 00:01:59.239 --> 00:02:03.920 take an opportunity to look at what's been good and what we 00:02:03.920 --> 00:02:04.079 could 00:02:04.079 --> 00:02:09.500 possibly look at to enhance the elements of the ordinance 00:02:09.500 --> 00:02:10.039 for both our 00:02:10.039 --> 00:02:13.629 citizens and what's best for the development community and 00:02:13.629 --> 00:02:14.360 the Parks and 00:02:14.360 --> 00:02:18.300 Recreation General. A little bit about the ordinance. Parks 00:02:18.300 --> 00:02:19.719 and Recreation fees 00:02:19.719 --> 00:02:25.919 through 915 and 916. They serve to fulfill the two and a 00:02:25.919 --> 00:02:28.039 half acres of 00:02:28.039 --> 00:02:31.960 recreational space per thousand people in the community. NR 00:02:31.960 --> 00:02:34.280 PA standards, which we 00:02:34.280 --> 00:02:38.520 do a very good job of maintaining, require about 9.5 acres. 00:02:38.520 --> 00:02:39.759 So this is not 00:02:39.759 --> 00:02:43.439 the only conduit that we have in order to fulfill that need 00:02:43.439 --> 00:02:44.599 , but it fulfills 00:02:44.599 --> 00:02:49.409 the lion's share of the recreational park services that we 00:02:49.409 --> 00:02:50.879 have in instances 00:02:50.879 --> 00:02:55.159 where they're neighborhood parks. Parks are directly, 00:02:55.159 --> 00:02:57.080 physically within a half 00:02:57.080 --> 00:03:01.400 mile to a mile of people's homes. The purpose is to provide 00:03:01.400 --> 00:03:02.199 a recreational area 00:03:02.199 --> 00:03:04.840 to the community in the form of neighborhood parks on pace 00:03:04.840 --> 00:03:05.280 with 00:03:05.280 --> 00:03:08.729 development of the city of Denton as a whole. And as 00:03:08.729 --> 00:03:10.800 written, the development 00:03:10.800 --> 00:03:15.620 ordinance does a very good job of maintaining that. Bene 00:03:15.620 --> 00:03:16.599 fits that we've 00:03:16.599 --> 00:03:20.240 had with this ordinance, local land purchases with the park 00:03:20.240 --> 00:03:21.039 dedication funds, 00:03:21.039 --> 00:03:23.990 the downtown pocket park that we've recently purchased at 00:03:23.990 --> 00:03:25.240 108 Industrial, 00:03:25.240 --> 00:03:28.650 Lake Forest Park, Litheridge Park where we were able to 00:03:28.650 --> 00:03:30.560 secure and save a very 00:03:30.560 --> 00:03:35.240 nice stand of post oak trees that would have otherwise been 00:03:35.240 --> 00:03:37.000 subject for right 00:03:37.000 --> 00:03:42.280 for development adjacent to the property. Also a very 00:03:42.280 --> 00:03:43.479 widely celebrated park, 00:03:43.479 --> 00:03:46.719 specialist Ernest W. Dallas Park. It's our Veterans 00:03:46.719 --> 00:03:49.759 Memorial Park and we've had 00:03:49.759 --> 00:03:54.169 lots of success with that. 916 park dedication fees. These 00:03:54.169 --> 00:03:55.080 are improvements, 00:03:55.080 --> 00:03:57.800 physical enhancements of the park properties themselves. 00:03:57.800 --> 00:04:01.849 I need to interrupt just a second. We have a special guest 00:04:01.849 --> 00:04:03.000 that's joined us 00:04:03.000 --> 00:04:08.969 temporarily this evening and as part of our rules we need 00:04:08.969 --> 00:04:10.240 to I need to seek for 00:04:10.240 --> 00:04:13.080 a motion to suspend our rules for who can sit here at the 00:04:13.080 --> 00:04:14.199 dais with us so the 00:04:14.199 --> 00:04:17.779 chair would entertain a motion for a suspension this 00:04:17.779 --> 00:04:19.360 evening for our special 00:04:19.360 --> 00:04:24.670 guest. Is it Katherine? Katherine. So Katherine can join us 00:04:24.670 --> 00:04:25.879 . I'll motion to 00:04:25.879 --> 00:04:30.740 suspend the rules. The first and a second? Yes sir. Okay 00:04:30.740 --> 00:04:32.959 and the vote by hand. It's 00:04:32.959 --> 00:04:40.000 unanimous all in favor say aye. All those opposed? 00:04:40.000 --> 00:04:46.560 We had a motion one time. We did. That's why we stopped to 00:04:46.560 --> 00:04:50.959 do a special motion here this evening so that is 00:04:50.959 --> 00:04:58.240 unanimous and passes. Please continue. Thank you for your 00:04:58.240 --> 00:04:58.519 time. 00:04:58.519 --> 00:05:01.920 Get a break there. In 23 years of municipal services that's 00:05:01.920 --> 00:05:02.759 one of the 00:05:02.759 --> 00:05:06.050 nicest things that I've seen happen impromptu like that and 00:05:06.050 --> 00:05:06.639 I applaud 00:05:06.639 --> 00:05:10.660 everyone on the committee for it. That was outstanding. 00:05:10.660 --> 00:05:12.199 Again we've discussed 00:05:12.199 --> 00:05:15.000 the benefits. A little bit about our nomenclature in the 00:05:15.000 --> 00:05:16.000 parks and recreation 00:05:16.000 --> 00:05:18.589 system. We have many parks, neighborhood parks, which 00:05:18.589 --> 00:05:19.600 essentially this is what 00:05:19.600 --> 00:05:23.199 we're talking about today. Community parks, city parks, 00:05:23.199 --> 00:05:24.800 special use parks, which 00:05:24.800 --> 00:05:31.360 are parks that are like dog parks or BMX parks, things of a 00:05:31.360 --> 00:05:33.160 like parkour, things 00:05:33.160 --> 00:05:38.160 of a specialized nature and also open space parks. How are 00:05:38.160 --> 00:05:39.879 the fees calculated? 00:05:39.879 --> 00:05:46.199 When a new development comes into town what we do is we 00:05:46.199 --> 00:05:48.160 have each 00:05:48.160 --> 00:05:51.360 single and multifamily unit is assessed a fee based on the 00:05:51.360 --> 00:05:52.319 residential density 00:05:52.319 --> 00:05:55.550 so as to convey two and a half acres per thousand new 00:05:55.550 --> 00:05:57.240 residents. Single family 00:05:57.240 --> 00:06:00.920 units are assigned an average density of 2.8 people per 00:06:00.920 --> 00:06:03.519 unit and multifamily units 00:06:03.519 --> 00:06:07.750 are assessed a unit density of 1.8 persons per unit. 00:06:07.750 --> 00:06:09.199 Essentially we work out 00:06:09.199 --> 00:06:14.540 this calculation you see below us and what that does is 00:06:14.540 --> 00:06:15.839 that shows us the 00:06:15.839 --> 00:06:19.009 number of acres per se, the amount of impact that we would 00:06:19.009 --> 00:06:20.000 have this new 00:06:20.000 --> 00:06:23.220 development would have on a park system. In instances where 00:06:23.220 --> 00:06:24.439 there's less than five 00:06:24.439 --> 00:06:27.970 acres of land that is available to donate to the Parks 00:06:27.970 --> 00:06:29.879 Department we accept fees 00:06:29.879 --> 00:06:33.800 in lieu and what we do is we calculate the fees in lieu 00:06:33.800 --> 00:06:35.360 based upon the average 00:06:35.360 --> 00:06:39.720 value of the property in the surrounding area. For the park 00:06:39.720 --> 00:06:40.600 development portion of 00:06:40.600 --> 00:06:46.199 the ordinance we assess a fee of $187 for every multifamily 00:06:46.199 --> 00:06:49.240 unit and $291 for 00:06:49.240 --> 00:06:54.720 every single family unit. This is the first calculation is 00:06:54.720 --> 00:06:56.000 consumer price 00:06:56.000 --> 00:07:01.149 index adjusted due to the fact that the price is based on 00:07:01.149 --> 00:07:02.560 the value of the 00:07:02.560 --> 00:07:06.610 land itself. So as long as the DCAD value or the settlement 00:07:06.610 --> 00:07:07.240 statements are 00:07:07.240 --> 00:07:11.790 accurate or in line with the other property that's left in 00:07:11.790 --> 00:07:13.000 the community 00:07:13.000 --> 00:07:17.759 for us to purchase that it's self adjusting. The park 00:07:17.759 --> 00:07:18.720 development side of 00:07:18.720 --> 00:07:21.350 the ordinance on the other hand that's one thing that we 00:07:21.350 --> 00:07:22.279 need to open a dialogue 00:07:22.279 --> 00:07:25.100 and take a look at. I met with the Park and Recreation 00:07:25.100 --> 00:07:27.560 Beautification Board back 00:07:27.560 --> 00:07:31.319 in back in March of this year and I discussed that with 00:07:31.319 --> 00:07:32.759 moving forward with 00:07:32.759 --> 00:07:37.459 an opportunity to open this dialogue with the Planning and 00:07:37.459 --> 00:07:39.000 Zoning Board, the 00:07:39.000 --> 00:07:43.230 development community, and then the other stakeholder that 00:07:43.230 --> 00:07:44.639 we may feel in 00:07:44.639 --> 00:07:48.250 addition to the public at large that we need to include in 00:07:48.250 --> 00:07:50.519 this dialogue. The way 00:07:50.519 --> 00:07:55.970 that this figure was was arrived at was back in 1998 when 00:07:55.970 --> 00:07:58.199 this ordinance was was 00:07:58.199 --> 00:08:05.040 first drafted. The average value of making a five acre park 00:08:05.040 --> 00:08:06.480 was about 00:08:06.480 --> 00:08:10.839 $205,000 in order to develop it. Due to 18 years of 00:08:10.839 --> 00:08:17.600 inflation, due to the what 00:08:17.600 --> 00:08:22.279 the average consumers expectations have shifted from 18 00:08:22.279 --> 00:08:23.439 years ago to 00:08:23.439 --> 00:08:26.819 present now, due to the market availability of much 00:08:26.819 --> 00:08:29.740 enhanced park communities, we no 00:08:29.740 --> 00:08:35.450 longer can establish a built-out five acre park for $205, 00:08:35.450 --> 00:08:38.559 000. Again, this 00:08:38.559 --> 00:08:42.720 figure is still somewhat variable. I don't want to pin down 00:08:42.720 --> 00:08:43.600 a replacement 00:08:43.600 --> 00:08:46.980 number in today's meeting, but again the expectations of 00:08:46.980 --> 00:08:48.320 the community at large 00:08:48.320 --> 00:08:51.789 in the last 18 years has had a significant shift towards 00:08:51.789 --> 00:08:53.360 higher-end amenities and 00:08:53.360 --> 00:09:01.080 amenities that 18 years ago were not there. Also, the park 00:09:01.080 --> 00:09:01.960 amenities themselves, 00:09:01.960 --> 00:09:05.210 due to the fact that they're regulated by the CPSC, 00:09:05.210 --> 00:09:06.799 Consumer Product Safety 00:09:06.799 --> 00:09:10.960 Council, there have been a number of safety enhancements 00:09:10.960 --> 00:09:12.240 that have also pushed 00:09:12.240 --> 00:09:16.539 this price. So as we move forward, this is going to be one 00:09:16.539 --> 00:09:17.480 of the things that 00:09:17.480 --> 00:09:20.850 we're really going to take a look at. And again, this is 00:09:20.850 --> 00:09:22.279 just for our 00:09:22.279 --> 00:09:25.940 neighborhood parks, which is about 25% of our inventory as 00:09:25.940 --> 00:09:28.600 we move forward. 00:09:29.320 --> 00:09:31.909 The advantages of the last park system to grow at the same 00:09:31.909 --> 00:09:34.320 pace the city has stated, since 00:09:34.320 --> 00:09:37.269 it's directly key to the development community, we're 00:09:37.269 --> 00:09:38.600 building parks and 00:09:38.600 --> 00:09:42.649 assessing land in order to build those parks at the same 00:09:42.649 --> 00:09:43.960 pace as we're getting 00:09:43.960 --> 00:09:49.720 more citizens. And also, there's a certain nexus within one 00:09:49.720 --> 00:09:50.279 -half to one 00:09:50.279 --> 00:09:55.100 mile that we have allowed to spend this pool of money. So 00:09:55.100 --> 00:09:58.000 we keep the money on 00:09:58.000 --> 00:10:03.210 pace where it was originated and at the same pace of the 00:10:03.210 --> 00:10:06.279 additional need. Some 00:10:06.279 --> 00:10:08.490 of the limitations that we've experienced in the last 18 00:10:08.490 --> 00:10:09.440 years is pockets of 00:10:09.440 --> 00:10:14.090 stranded funds. The infill areas in the eastern portion of 00:10:14.090 --> 00:10:15.360 town, where there's 00:10:15.360 --> 00:10:20.639 more mature homes, homes that are much older than 18 years 00:10:20.639 --> 00:10:21.960 old, we're 00:10:21.960 --> 00:10:26.019 not assessing value toward parks in those areas. This is 00:10:26.019 --> 00:10:27.279 exclusively a 00:10:27.279 --> 00:10:30.519 development ordinance. If there's not infill development, 00:10:30.519 --> 00:10:31.000 if there's not 00:10:31.000 --> 00:10:37.669 development in new subdivisions, we're not attributing 00:10:37.669 --> 00:10:38.600 value towards 00:10:38.600 --> 00:10:42.379 towards parks for the people in these areas and it puts a 00:10:42.379 --> 00:10:43.639 heavier burden on 00:10:43.639 --> 00:10:48.490 our CIP demand. Again, I want to make certain that we 00:10:48.490 --> 00:10:50.559 realize these funds are 00:10:50.559 --> 00:10:54.360 not for use for ball fields, pools, athletic centers, or 00:10:54.360 --> 00:10:55.559 recreation centers. 00:10:55.559 --> 00:11:00.379 These are exclusively for recreational amenities that one 00:11:00.379 --> 00:11:01.580 would find in a 00:11:01.580 --> 00:11:06.960 neighborhood park, not a regional athletic field, not 00:11:06.960 --> 00:11:08.480 something that's 00:11:08.480 --> 00:11:13.480 a community-level park. These are just for what their 00:11:13.480 --> 00:11:14.919 express purposes that we 00:11:14.919 --> 00:11:17.789 talked about. Again, we talked about limited geographic 00:11:17.789 --> 00:11:27.279 area and one thing I 00:11:27.279 --> 00:11:31.370 like to discuss is by large the majority of these valu 00:11:31.370 --> 00:11:33.399 ations, as I touched on just 00:11:33.399 --> 00:11:37.539 briefly previously, these valuations are based on DCAD 00:11:37.539 --> 00:11:39.240 assessments and again 00:11:39.240 --> 00:11:44.830 these DCAD assessments don't always reflect the amount of 00:11:44.830 --> 00:11:46.360 the value would be 00:11:46.360 --> 00:11:49.809 of the property that we would need to buy in adjacent area. 00:11:49.809 --> 00:11:51.840 So in some instances, 00:11:51.840 --> 00:11:55.889 we really need the opportunity to look at settlement 00:11:55.889 --> 00:11:57.399 documents and DCAD 00:11:57.399 --> 00:12:02.720 statements for any chance of anomalies or things that would 00:12:02.720 --> 00:12:04.080 benefit us as a 00:12:04.080 --> 00:12:08.149 community in moving forward in order to get the value that 00:12:08.149 --> 00:12:09.360 we need in order to 00:12:09.360 --> 00:12:16.080 to purchase these additional properties. This map will show 00:12:16.080 --> 00:12:17.159 the subdivisions 00:12:17.159 --> 00:12:21.210 around the parks. If you notice the green locations, those 00:12:21.210 --> 00:12:22.240 are parks within the 00:12:22.240 --> 00:12:30.139 community. The light blue areas show areas that are only 00:12:30.139 --> 00:12:31.320 half a mile 00:12:31.320 --> 00:12:35.919 adjacent to the park and the lavender shows those of a mile 00:12:35.919 --> 00:12:38.279 . This map shows the 00:12:38.279 --> 00:12:42.330 reciprocal of that. This shows the parcels of property that 00:12:42.330 --> 00:12:42.960 we will have 00:12:42.960 --> 00:12:47.830 available to us, places where we would need to exclude the 00:12:47.830 --> 00:12:48.879 fact of where we 00:12:48.879 --> 00:12:53.919 have a park in the interest of buying a new part. These are 00:12:53.919 --> 00:12:54.759 the parcels of 00:12:54.759 --> 00:12:58.200 land that are around new subdivisions. So when a new subdiv 00:12:58.200 --> 00:13:00.360 ision comes into town, 00:13:00.360 --> 00:13:05.779 we try to see where would be the most appropriate location 00:13:05.779 --> 00:13:07.240 for a balanced 00:13:07.240 --> 00:13:10.860 inventory so that everyone has that same half mile to one 00:13:10.860 --> 00:13:12.659 mile nexus in order to 00:13:12.659 --> 00:13:21.019 get to a park. Again, we may look at exchanging the one 00:13:21.019 --> 00:13:22.980 mile radius to that 00:13:22.980 --> 00:13:26.259 of a fixed geographic area. As it stands, it's served as 00:13:26.259 --> 00:13:27.519 well, but there are 00:13:27.519 --> 00:13:33.480 pockets of money, pockets of funding that we don't have 00:13:33.480 --> 00:13:34.399 enough to 00:13:34.399 --> 00:13:37.460 affect the purchase or to do the work that we need to do in 00:13:37.460 --> 00:13:38.559 park development. 00:13:38.559 --> 00:13:44.279 So there's, but they're essentially tied up in locations 00:13:44.279 --> 00:13:48.000 where the, we 00:13:48.000 --> 00:13:51.029 cannot access them where they need to be done. So what we 00:13:51.029 --> 00:13:52.080 want to do, yes Mr. Beck. 00:13:52.080 --> 00:13:55.360 Commissioner Beck. On that issue, thank you Chair, then 00:13:55.360 --> 00:13:56.559 what you're suggesting here is 00:13:56.559 --> 00:14:01.019 if we just expand the area until we get the thousand people 00:14:01.019 --> 00:14:02.840 we need to legitimize 00:14:02.840 --> 00:14:07.289 two and a half acres. Let me go back to the map for this 00:14:07.289 --> 00:14:10.559 little second. One 00:14:10.559 --> 00:14:13.820 thing that we're looking at is in instances, and again this 00:14:13.820 --> 00:14:14.399 is all the 00:14:14.399 --> 00:14:17.610 purpose of this dialogue is just to open a dialogue. We 00:14:17.610 --> 00:14:18.919 want to find out what will 00:14:18.919 --> 00:14:22.690 be the most effective solution in order to go forward. So 00:14:22.690 --> 00:14:24.600 this is our idea 00:14:24.600 --> 00:14:28.899 at first blush going through, is what we would want to do 00:14:28.899 --> 00:14:30.080 is to have 00:14:30.080 --> 00:14:33.029 somewhat like a cleanup provision where we could have 00:14:33.029 --> 00:14:34.480 geographical locations 00:14:34.480 --> 00:14:37.809 which are similar to many other geographic maps that we 00:14:37.809 --> 00:14:38.600 have in town, 00:14:38.600 --> 00:14:44.309 such as streets infrastructure map. There's quite a few 00:14:44.309 --> 00:14:45.679 that we can attribute 00:14:45.679 --> 00:14:50.960 it to, but basically we just would want to have a pool area 00:14:50.960 --> 00:14:51.919 that would allow us 00:14:51.919 --> 00:14:56.480 a cleanup provision so we don't have money sitting there 00:14:56.480 --> 00:14:59.000 that's to use that 00:14:59.000 --> 00:15:02.279 we can't access. So again that's one of the things that we 00:15:02.279 --> 00:15:03.440 as we meet with our 00:15:03.440 --> 00:15:06.950 stakeholders the next and following months that's that's 00:15:06.950 --> 00:15:07.320 one of the things 00:15:07.320 --> 00:15:11.639 that we want to move towards finding out. What will be the 00:15:11.639 --> 00:15:12.639 advantages and 00:15:12.639 --> 00:15:20.330 disadvantages of having that cleanup provision? And what do 00:15:20.330 --> 00:15:21.960 you clarify 00:15:21.960 --> 00:15:24.789 cleanup provision for me if you would? Essentially there 00:15:24.789 --> 00:15:25.879 are locations where 00:15:25.879 --> 00:15:31.370 there are portions of there's like in the infill areas like 00:15:31.370 --> 00:15:32.679 let's say the 00:15:32.679 --> 00:15:37.970 Redwood area. Sequoia Park is right there adjacent to Red 00:15:37.970 --> 00:15:39.480 wood and we've worked 00:15:39.480 --> 00:15:46.200 diligently in order to move forward with finding a 00:15:46.200 --> 00:15:47.480 replacement finding funding in 00:15:47.480 --> 00:15:50.559 order to develop Sequoia Park. It's an inventory we've had 00:15:50.559 --> 00:15:51.200 for a number of 00:15:51.200 --> 00:15:57.899 years. It's right there by a few apartments. What we just 00:15:57.899 --> 00:15:58.879 have never had 00:15:58.879 --> 00:16:02.100 enough funding due to the fact that majority of those 00:16:02.100 --> 00:16:05.080 houses are in excess of 30 00:16:05.080 --> 00:16:12.080 years old. When the infill lot develops but with with 00:16:12.080 --> 00:16:13.240 recent development with 00:16:13.240 --> 00:16:17.289 the Riddell apartments, the University apartments, we're 00:16:17.289 --> 00:16:19.120 just now entering that 00:16:19.120 --> 00:16:22.590 opportunity where we can develop. What we want to do is to 00:16:22.590 --> 00:16:23.879 have an opportunity 00:16:23.879 --> 00:16:28.639 where we don't have funding sitting in an account unused. 00:16:28.639 --> 00:16:30.840 We want to be able to 00:16:30.840 --> 00:16:36.750 access areas where you know they have existing development 00:16:36.750 --> 00:16:37.840 but since 00:16:37.840 --> 00:16:41.899 this is a funding apparatus that's exclusively driven by 00:16:41.899 --> 00:16:44.080 development if 00:16:44.080 --> 00:16:50.159 we don't build it the funds don't count. Thank you. Thank 00:16:50.159 --> 00:16:50.360 you. Commissioner 00:16:50.360 --> 00:16:53.240 Dudowitz. How much more do you have because I have a series 00:16:53.240 --> 00:16:54.120 of questions. I 00:16:54.120 --> 00:16:56.350 just want to know if it's appropriate to ask them now or 00:16:56.350 --> 00:16:58.559 wait to finish. I'm an 00:16:58.559 --> 00:17:02.200 easy guy. You have a question? We're talking about 00:17:02.200 --> 00:17:03.279 neighborhood parks in 00:17:03.279 --> 00:17:07.759 specific. Yes sir. Okay now if I remember correctly from a 00:17:07.759 --> 00:17:08.200 development 00:17:08.200 --> 00:17:10.750 standpoint a developer comes in and says here's a tract of 00:17:10.750 --> 00:17:11.440 land I'm going to 00:17:11.440 --> 00:17:15.250 develop 200 homes here. He has a choice to put certain 00:17:15.250 --> 00:17:16.759 parks in place within that 00:17:16.759 --> 00:17:23.609 development or pay into the fund. Okay well I can show you 00:17:23.609 --> 00:17:24.279 in the ordinance 00:17:24.279 --> 00:17:27.329 where it addresses that. Okay I'm just asking he has a 00:17:27.329 --> 00:17:29.480 choice right? There is an 00:17:29.480 --> 00:17:32.240 opportunity. Opportunity for him to put in parks within the 00:17:32.240 --> 00:17:33.920 development. But the 00:17:33.920 --> 00:17:38.920 choice is usually what is stated currently in the ordinance 00:17:38.920 --> 00:17:40.519 is if the 00:17:40.519 --> 00:17:45.369 amount of funding is less than that of five acres the city 00:17:45.369 --> 00:17:47.480 has the option to 00:17:47.480 --> 00:17:51.609 accept fees in lieu of. So the city makes the choice? There 00:17:51.609 --> 00:17:54.720 is an opportunity and 00:17:54.720 --> 00:17:59.930 quite often we have we take that opportunity to make that 00:17:59.930 --> 00:18:01.839 choice. But help 00:18:01.839 --> 00:18:05.960 you understand that. I can restate what I think where we're 00:18:05.960 --> 00:18:07.559 going is that the 00:18:07.559 --> 00:18:09.900 option is the city determines whether they want to take the 00:18:09.900 --> 00:18:10.640 land in the park 00:18:10.640 --> 00:18:13.039 or where they take the funds. Correct. It's not the 00:18:13.039 --> 00:18:14.319 developer saying I'm gonna 00:18:14.319 --> 00:18:17.190 give you a park and y'all will take it. They say we will 00:18:17.190 --> 00:18:18.720 take the park or if we 00:18:18.720 --> 00:18:21.269 don't want the park we'll take the funds. And the city 00:18:21.269 --> 00:18:22.359 traditionally takes the 00:18:22.359 --> 00:18:28.920 funds currently? Yes. I don't believe I've stated that. I 00:18:28.920 --> 00:18:29.400 didn't mean to 00:18:29.400 --> 00:18:32.559 walk on your time. I don't believe that that's what I 00:18:32.559 --> 00:18:34.319 conveyed and if it was I 00:18:34.319 --> 00:18:39.940 was in there. We look at any any offer we get with a very 00:18:39.940 --> 00:18:41.440 gracious and 00:18:41.440 --> 00:18:48.000 magnanimous opportunity to say by and large exclusively 00:18:48.000 --> 00:18:49.720 that we make the 00:18:49.720 --> 00:18:53.890 choice. I don't know if I would have comfort in saying that 00:18:53.890 --> 00:18:55.279 . Okay the reason I 00:18:55.279 --> 00:18:57.819 bring that up I've heard and I'm not sure it's true but I 00:18:57.819 --> 00:18:59.200 've heard instances 00:18:59.200 --> 00:19:04.480 where the city would prefer the funds rather than to have a 00:19:04.480 --> 00:19:05.799 park built by the 00:19:05.799 --> 00:19:09.119 developer and then maintained by the city because the city 00:19:09.119 --> 00:19:10.079 doesn't want to 00:19:10.079 --> 00:19:13.079 maintain those parks because of the expense to it. They 00:19:13.079 --> 00:19:13.759 rather had the funds 00:19:13.759 --> 00:19:19.079 put into into one of their coffers. I don't know if that's 00:19:19.079 --> 00:19:19.799 true but that's why 00:19:19.799 --> 00:19:21.940 I'm going through this line of question to find out where 00:19:21.940 --> 00:19:22.960 what's the city's 00:19:22.960 --> 00:19:27.809 intent or desire in some cases I've heard it they really 00:19:27.809 --> 00:19:28.480 had the funds. 00:19:28.480 --> 00:19:34.039 My desire is to make accessible great parks for all 00:19:34.039 --> 00:19:36.920 citizens of Denton within 00:19:36.920 --> 00:19:40.970 a half a mile a mile of their house. As far as that the 00:19:40.970 --> 00:19:42.200 logic stream that 00:19:42.200 --> 00:19:49.730 you've just stated that that has an air of subjectivity to 00:19:49.730 --> 00:19:51.559 it. That's not really 00:19:51.559 --> 00:19:55.450 how. We go through a host of different things when we make 00:19:55.450 --> 00:19:57.079 a decision because 00:19:57.079 --> 00:20:00.130 every decision we make has to be defendable to this 00:20:00.130 --> 00:20:02.359 decision. As far as 00:20:02.359 --> 00:20:07.509 just exclusively denying a partial property because we don 00:20:07.509 --> 00:20:08.720 't have the money 00:20:08.720 --> 00:20:13.099 to maintain it is not something that 16 years I've been 00:20:13.099 --> 00:20:14.640 here that we've been 00:20:14.640 --> 00:20:20.119 party to. If I'm wrong I'd like to have an offer. I'd like 00:20:20.119 --> 00:20:20.359 to have a 00:20:20.359 --> 00:20:25.599 conversation to examine that. Let me just go to examples. 00:20:25.599 --> 00:20:30.650 There's Ryan Road. There's a fairly large development going 00:20:30.650 --> 00:20:31.440 in behind Ryan 00:20:31.440 --> 00:20:34.960 Elementary. There's some other development at the corner of 00:20:34.960 --> 00:20:36.559 Teasley and Ryan. A lot 00:20:36.559 --> 00:20:39.440 of homes going in. I did not see any pocket parks or 00:20:39.440 --> 00:20:40.480 anything and I'm 00:20:40.480 --> 00:20:43.450 wondering within that those two large developments and what 00:20:43.450 --> 00:20:44.319 's being developed 00:20:44.319 --> 00:20:48.809 behind the current Walmart in that area where whether the 00:20:48.809 --> 00:20:50.079 parks are going to be 00:20:50.079 --> 00:20:53.200 placed within within half mile or a mile of those new 00:20:53.200 --> 00:20:54.880 developments going in. We 00:20:54.880 --> 00:20:59.890 have property already in that area. I'd be happy to pull up 00:20:59.890 --> 00:21:00.880 a map and show you. 00:21:00.880 --> 00:21:06.480 On Ryan Road? On Ryan Road exclusively. You have a dog park 00:21:06.480 --> 00:21:07.720 there. We have 00:21:07.720 --> 00:21:12.750 75-acre dog park and we also have other parcels that we're 00:21:12.750 --> 00:21:13.839 in negotiation for. 00:21:13.839 --> 00:21:16.799 In negotiation but there's nothing specifically planned 00:21:16.799 --> 00:21:18.119 right now. Not that I 00:21:18.119 --> 00:21:21.400 can tell you on camera about any pending real estate 00:21:21.400 --> 00:21:24.480 transactions. No. 00:21:24.880 --> 00:21:28.369 If I have the opportunity to I could continue this dialogue 00:21:28.369 --> 00:21:29.400 but I don't know 00:21:29.400 --> 00:21:33.700 if this is the best venue to talk about a pending real 00:21:33.700 --> 00:21:35.920 estate transaction or any 00:21:35.920 --> 00:21:38.980 pending real estate transaction. It kind of puts us in a 00:21:38.980 --> 00:21:40.359 really poor negotiating. 00:21:40.359 --> 00:21:45.779 I understand. Okay. Tell everybody. But I'd be happy to 00:21:45.779 --> 00:21:48.039 pursue it. Well I'm going to 00:21:48.039 --> 00:21:50.380 get into is that within those areas to set there's a 00:21:50.380 --> 00:21:51.599 definition of an area in 00:21:51.599 --> 00:21:55.160 which by your discussion you need to put a neighborhood 00:21:55.160 --> 00:21:57.160 park in. There are also 00:21:57.160 --> 00:22:03.279 nodes at Lake Forest. Let me go back. I may have brushed 00:22:03.279 --> 00:22:07.440 over that rapidly in 00:22:07.440 --> 00:22:11.680 in the trying to make make time for the next presentation. 00:22:11.680 --> 00:22:12.599 I apologize for that. 00:22:12.599 --> 00:22:17.960 That was disservice to myself and to y'all. We show here 9 00:22:17.960 --> 00:22:20.720 15 purchases and 915 00:22:20.720 --> 00:22:31.529 development. You reference Ryan. Just here alone I've got 00:22:31.529 --> 00:22:33.559 cross timbers, Lake 00:22:33.559 --> 00:22:39.799 Forest and Wheeler Ridge. They're all within that one-half 00:22:39.799 --> 00:22:40.720 to one mile 00:22:40.720 --> 00:22:50.680 nexus. So they're there. If there's already properties that 00:22:50.680 --> 00:22:51.680 I'd be happy to 00:22:51.680 --> 00:23:00.329 sit down and discuss this with you but those are 00:23:00.329 --> 00:23:02.480 negotiations that we 00:23:02.480 --> 00:23:11.410 had where they did fees and loot. If there is instances 00:23:11.410 --> 00:23:13.880 where I need to go 00:23:13.880 --> 00:23:17.559 back and talk to the developer find out if perhaps we've 00:23:17.559 --> 00:23:19.759 trespassed on their 00:23:19.759 --> 00:23:24.519 intents, we're willing to do that. I said the reason that 00:23:24.519 --> 00:23:25.079 we're having this 00:23:25.079 --> 00:23:27.480 dialogue or I would like to I'd like for us to have this 00:23:27.480 --> 00:23:29.119 dialogue is in order for 00:23:29.119 --> 00:23:40.480 us to to make it best for everybody. Thank you. Thank you. 00:23:43.279 --> 00:23:47.839 Mr. Beck, you don't know? No. I'm sorry. 00:23:52.079 --> 00:23:56.099 Back to the quadrant issue. Again that will give us an 00:23:56.099 --> 00:23:59.079 opportunity to 00:23:59.079 --> 00:24:03.369 more effectively utilize funds that we have available to us 00:24:03.369 --> 00:24:04.680 and additionally 00:24:04.680 --> 00:24:10.589 there's various sectors outside the loop that the funding 00:24:10.589 --> 00:24:12.880 is very spread out and 00:24:12.880 --> 00:24:18.359 again moving to a regional area where we could disperse 00:24:18.359 --> 00:24:19.960 those funds if we 00:24:19.960 --> 00:24:23.779 didn't meet the nexus test of one-half to one mile then it 00:24:23.779 --> 00:24:24.920 would allow us 00:24:24.920 --> 00:24:29.589 opportunity to be a better benefit to the citizens than 00:24:29.589 --> 00:24:31.079 have money in the 00:24:31.079 --> 00:24:33.440 coffers. 00:24:36.720 --> 00:24:40.960 Again, I brushed on this a few moments ago, due to 18 years 00:24:40.960 --> 00:24:43.400 of inflation, CPSC safety 00:24:43.400 --> 00:24:50.759 upgrades and the public's expectation, the price of park 00:24:50.759 --> 00:24:53.160 amenities has risen 00:24:53.160 --> 00:25:01.170 exceptionally in excess of the $208,000 that the $291 and $ 00:25:01.170 --> 00:25:03.559 187 is 00:25:03.559 --> 00:25:11.470 assessed towards. We touched on the quadrants. What we 00:25:11.470 --> 00:25:12.839 propose for 2016 00:25:12.839 --> 00:25:15.289 moving forward through the year, we want to review how the 00:25:15.289 --> 00:25:16.359 changes in the ordinance 00:25:16.359 --> 00:25:20.279 can best benefits the citizens of Denton, solicit citizen 00:25:20.279 --> 00:25:22.119 and developer input, 00:25:22.119 --> 00:25:29.559 solicit development from the planning and zoning, revise 00:25:29.559 --> 00:25:30.319 changes to 00:25:30.319 --> 00:25:34.160 both parks advisory board and the planning zoning board and 00:25:34.160 --> 00:25:35.000 then at that 00:25:35.000 --> 00:25:39.599 point move forward with any proposed changes to the city 00:25:39.599 --> 00:25:41.599 council. That 00:25:41.599 --> 00:25:43.839 concludes my presentation. If there's any additional 00:25:43.839 --> 00:25:44.920 questions, I'd be willing to 00:25:44.920 --> 00:25:47.579 address those. Mr. Hudsworth? Commissioner Hudsworth. I'm 00:25:47.579 --> 00:25:48.519 sorry. That's okay. 00:25:48.519 --> 00:25:58.759 Thank you, Chair. Yes, so let's see. I'd like to try to 00:25:58.759 --> 00:26:01.079 explore, because I'm 00:26:01.079 --> 00:26:07.480 tracking with you in maximizing dollars and efficiency and 00:26:07.480 --> 00:26:08.160 I'm curious your 00:26:08.160 --> 00:26:11.339 thoughts on like a Eureka Park. So obviously people are 00:26:11.339 --> 00:26:12.279 going to travel 00:26:12.279 --> 00:26:20.779 further for the amenities at that particular park and so 00:26:20.779 --> 00:26:23.240 have you explored 00:26:23.240 --> 00:26:28.579 that as an option? Larger, larger parks, more attract, so 00:26:28.579 --> 00:26:29.400 you got to you got to 00:26:29.400 --> 00:26:34.559 travel a little further but it kind of pulls resources and 00:26:34.559 --> 00:26:35.279 I and I so it's a 00:26:35.279 --> 00:26:41.509 double-edged question because I want to then I guess underg 00:26:41.509 --> 00:26:42.200 ird that with the 00:26:42.200 --> 00:26:45.799 fact that I'd like to maximize federal dollars so there's 00:26:45.799 --> 00:26:46.519 going to be 00:26:46.519 --> 00:26:50.829 requirements low and moderate income neighborhoods so as a 00:26:50.829 --> 00:26:52.119 way to have larger 00:26:52.119 --> 00:26:55.539 features in low and moderate income areas where you get 00:26:55.539 --> 00:26:56.519 these federal 00:26:56.519 --> 00:26:59.809 dollars now we have a bigger pool to pool from and so we 00:26:59.809 --> 00:27:01.000 have these larger 00:27:01.000 --> 00:27:05.279 pockets of parks where people it's not in that radius but 00:27:05.279 --> 00:27:07.480 people are it's kind 00:27:07.480 --> 00:27:10.900 of serving the community by kind of pulling these two 00:27:10.900 --> 00:27:12.319 resources together 00:27:12.319 --> 00:27:16.920 have you have you explored that at all how to kind of maybe 00:27:16.920 --> 00:27:19.119 build bigger parks 00:27:19.119 --> 00:27:24.269 using what's available to us? That's a that's a great segue 00:27:24.269 --> 00:27:25.599 into what we would 00:27:25.599 --> 00:27:32.069 I'm always in for maximizing whatever we can. Our Parks and 00:27:32.069 --> 00:27:33.039 Recreation Department 00:27:33.039 --> 00:27:37.150 does a very effective job of maintaining very nice parks 00:27:37.150 --> 00:27:38.799 without the utilization 00:27:38.799 --> 00:27:42.670 of a 4B sales tax and without the utilization of a lot of 00:27:42.670 --> 00:27:43.759 the tools our 00:27:43.759 --> 00:27:47.599 surrounding cities have and there's good reason for that 00:27:47.599 --> 00:27:51.119 but what I I think 00:27:51.119 --> 00:27:53.690 that's that's certainly something we can put into the 00:27:53.690 --> 00:27:57.720 dialogue so we we're very 00:27:57.720 --> 00:28:04.920 adaptive requesting and receiving grant dollars and we're 00:28:04.920 --> 00:28:06.960 very gracious for 00:28:06.960 --> 00:28:11.059 everything we've gotten through CDBG through TexDOT through 00:28:11.059 --> 00:28:11.839 Texas Parks and 00:28:11.839 --> 00:28:16.559 Wildlife and through a number of private foundations and 00:28:16.559 --> 00:28:20.920 endowments but I wouldn't 00:28:20.920 --> 00:28:24.970 stop there if there's any way we can synergize what you've 00:28:24.970 --> 00:28:26.559 talked about along 00:28:26.559 --> 00:28:33.710 with any public private sponsorships we would be out we 00:28:33.710 --> 00:28:35.119 would love to do that 00:28:35.119 --> 00:28:38.609 our the last time that Parks and Recreation Department 00:28:38.609 --> 00:28:39.279 built a rec 00:28:39.279 --> 00:28:45.700 center I graduated high school it was 1987 that's MLK 00:28:45.700 --> 00:28:48.759 Center some of our 00:28:48.759 --> 00:28:53.680 surrounding communities they're presently building multi- 00:28:53.680 --> 00:28:54.359 generational 00:28:54.359 --> 00:29:00.940 centers to the 10 to 36 million dollars apiece we don't 00:29:00.940 --> 00:29:04.480 expect that but we would 00:29:04.480 --> 00:29:08.329 like to we feel as though there are some deficits that we'd 00:29:08.329 --> 00:29:09.039 like to to move 00:29:09.039 --> 00:29:15.710 forward to to surpassing and not building a rec center in 00:29:15.710 --> 00:29:17.359 almost 20 years 00:29:17.359 --> 00:29:25.480 and when our population was 58,000 and now it's nearly 135, 00:29:25.480 --> 00:29:27.519 000 there's probably 00:29:27.519 --> 00:29:30.849 a little bit of a deficit we need to overcome I'd like to 00:29:30.849 --> 00:29:31.920 tag on to 00:29:31.920 --> 00:29:35.680 Commissioner Hussbuth I think we have some proof of that 00:29:35.680 --> 00:29:36.480 already with like the 00:29:36.480 --> 00:29:40.500 water park here in the city I know people travel from all 00:29:40.500 --> 00:29:41.480 over our city to 00:29:41.480 --> 00:29:44.369 go out there to the CH Collins area to use that we're very 00:29:44.369 --> 00:29:45.519 proud of it so it's 00:29:45.519 --> 00:29:48.710 a fantastic facility very proud and and thankful for the 00:29:48.710 --> 00:29:49.720 bond fund that we 00:29:49.720 --> 00:29:56.039 received in 2014 that will be building the wave pool and 00:29:56.039 --> 00:29:56.759 concession that we'll 00:29:56.759 --> 00:30:00.400 have there next year so I think that's a great idea that 00:30:00.400 --> 00:30:01.279 maybe you expand the 00:30:01.279 --> 00:30:05.710 areas and have some nicer larger parks I guess a suggestion 00:30:05.710 --> 00:30:06.519 is there a 00:30:06.519 --> 00:30:10.250 possibility for you all to do any informal polling at your 00:30:10.250 --> 00:30:11.200 parks to go out 00:30:11.200 --> 00:30:14.710 and ask people where do you live did you travel five miles 00:30:14.710 --> 00:30:15.880 or ten miles to get 00:30:15.880 --> 00:30:18.950 here did you walk down the street and maybe put some 00:30:18.950 --> 00:30:20.480 research behind some of 00:30:20.480 --> 00:30:23.569 this when you come back to us to say we find people will 00:30:23.569 --> 00:30:24.799 travel ten miles to 00:30:24.799 --> 00:30:27.960 come to the dog park out there on Ryan or Eureka Park I 00:30:27.960 --> 00:30:29.319 know Eureka Park is a 00:30:29.319 --> 00:30:33.160 has just been completely redone and that was a public 00:30:33.160 --> 00:30:35.039 private fundraiser together 00:30:35.039 --> 00:30:38.470 on on some of that I think a lot of it was actually private 00:30:38.470 --> 00:30:39.559 sector I think that 00:30:39.559 --> 00:30:43.960 a lot of you pretty much was we received over $500,000 the 00:30:43.960 --> 00:30:44.759 private sector for 00:30:44.759 --> 00:30:52.190 that location sure how much happy million dollars and we're 00:30:52.190 --> 00:30:53.680 nearing the 00:30:53.680 --> 00:30:57.730 three million dollar mark in recent years on on grant 00:30:57.730 --> 00:31:00.519 funding also so we 00:31:00.519 --> 00:31:05.809 we try well I'm gonna switch gears on you a little bit on 00:31:05.809 --> 00:31:07.200 yes on this our next 00:31:07.200 --> 00:31:09.910 item that's going to come before us is going to be tree 00:31:09.910 --> 00:31:10.799 coat in our work 00:31:10.799 --> 00:31:14.069 session and on in public I wanted to ask what what is the 00:31:14.069 --> 00:31:15.680 parks department's view 00:31:15.680 --> 00:31:20.299 on tree parks and maintenance of those and and your general 00:31:20.299 --> 00:31:21.759 thoughts of these 00:31:21.759 --> 00:31:26.170 undisturbed areas in the city taking ownership of those if 00:31:26.170 --> 00:31:27.299 possible and the 00:31:27.299 --> 00:31:34.279 maintenance of those well as with any tree part or native 00:31:34.279 --> 00:31:35.039 stay in the timber 00:31:35.039 --> 00:31:38.430 you know we would want to do an assessment on on on said 00:31:38.430 --> 00:31:39.720 area we have a 00:31:39.720 --> 00:31:43.450 number of arborist in our field I've got in the green 00:31:43.450 --> 00:31:46.400 industry along with got 00:31:46.400 --> 00:31:50.319 close to 30 years of experience I have a number of my 00:31:50.319 --> 00:31:52.039 colleagues that have 00:31:52.039 --> 00:31:56.730 equitable experience as with anything you if you know we 00:31:56.730 --> 00:31:57.799 would need to take a 00:31:57.799 --> 00:32:03.650 look at it and do a prospectus on what just because there's 00:32:03.650 --> 00:32:04.400 trees there 00:32:04.400 --> 00:32:09.660 and I don't know which parcel you're talking about you 00:32:09.660 --> 00:32:11.279 always need to do a 00:32:11.279 --> 00:32:14.369 liability assessment and I have a hundred percent faith in 00:32:14.369 --> 00:32:14.920 Haywood's 00:32:14.920 --> 00:32:19.859 abilities to do items such as that well that's not specific 00:32:19.859 --> 00:32:21.079 parcel but our next 00:32:21.079 --> 00:32:23.799 item on our agenda for our work session is going to be to 00:32:23.799 --> 00:32:24.920 talk about tree code 00:32:24.920 --> 00:32:29.250 which is going to have a great amount of preservation for 00:32:29.250 --> 00:32:30.240 it and some of the 00:32:30.240 --> 00:32:33.410 discussions that we're probably gonna be having is how do 00:32:33.410 --> 00:32:34.680 we consolidate those 00:32:34.680 --> 00:32:37.809 areas and whether they're privately owned or possibly 00:32:37.809 --> 00:32:39.039 publicly owned and if 00:32:39.039 --> 00:32:41.240 they're publicly owned I'm assuming more likely they're 00:32:41.240 --> 00:32:42.160 gonna fall to the Parks 00:32:42.160 --> 00:32:45.170 Department and if the Parks Department is saying we'd love 00:32:45.170 --> 00:32:46.039 to have them and 00:32:46.039 --> 00:32:48.359 we'd love to take care of them and and those things are we 00:32:48.359 --> 00:32:49.319 're concerned about 00:32:49.319 --> 00:32:53.079 them and we're gonna evaluate something that we're going to 00:32:53.079 --> 00:32:54.440 be considering here 00:32:54.440 --> 00:32:57.680 in a minute and possibly voting on this evening how do 00:32:57.680 --> 00:32:58.319 these things get 00:32:58.319 --> 00:33:01.089 administered and so since you're here I thought I'd pose 00:33:01.089 --> 00:33:02.519 that question to you as 00:33:02.519 --> 00:33:06.319 with any asset the purchase whether it's something for your 00:33:06.319 --> 00:33:07.599 home or if it's 00:33:07.599 --> 00:33:10.980 something for your business every appreciable asset has 00:33:10.980 --> 00:33:12.400 depreciable 00:33:12.400 --> 00:33:17.759 contacts and also has maintenance contacts if we received 00:33:17.759 --> 00:33:19.119 an asset such as 00:33:19.119 --> 00:33:23.660 that we would be needing to do the assessment I've 00:33:23.660 --> 00:33:25.200 discussed and receive 00:33:25.200 --> 00:33:31.230 funding in order to maintain that and that's something that 00:33:31.230 --> 00:33:31.880 we need to be 00:33:31.880 --> 00:33:37.569 mindful of Parks does not have the discretionary capacity 00:33:37.569 --> 00:33:39.039 to just take 00:33:39.039 --> 00:33:46.279 large parts of property with no associated funding okay 00:33:46.279 --> 00:33:46.799 Commissioner 00:33:46.799 --> 00:33:56.039 Hesbath yeah interesting point and so my question is how 00:33:56.039 --> 00:33:57.079 does your budget look I 00:33:57.079 --> 00:34:01.710 mean is it tight is it like super tight or is it comfy I 00:34:01.710 --> 00:34:03.359 mean you tell me that's 00:34:03.359 --> 00:34:08.539 okay do you mean on the camera anything I mean is it I mean 00:34:08.539 --> 00:34:10.079 and so if we dumped 00:34:10.079 --> 00:34:15.969 if by chance that the new canopy requirements dumped three 00:34:15.969 --> 00:34:16.519 tree 00:34:16.519 --> 00:34:19.829 preservation preserves on you what does that do to your 00:34:19.829 --> 00:34:21.000 budget give me it give 00:34:21.000 --> 00:34:25.320 me a day in the life of parks and didn't well again going 00:34:25.320 --> 00:34:26.400 back to my analogy of 00:34:26.400 --> 00:34:31.420 doing an assessment and getting the the associated 00:34:31.420 --> 00:34:34.679 maintenance dollars we would 00:34:34.679 --> 00:34:38.699 love to get a free puppy but we don't want a sick pup we 00:34:38.699 --> 00:34:40.320 want to you know what 00:34:40.320 --> 00:34:42.840 I'm trying to say is as long as it's an appreciable 00:34:42.840 --> 00:34:44.639 standard timber that is 00:34:44.639 --> 00:34:50.480 healthy does not have inherent hazards or hazards that we 00:34:50.480 --> 00:34:51.639 cannot effectively 00:34:51.639 --> 00:35:00.340 manage again I would have to I'm very cautious to just make 00:35:00.340 --> 00:35:01.239 a cart launch 00:35:01.239 --> 00:35:06.719 decision that will cost the city X amount of dollars and 00:35:06.719 --> 00:35:09.239 not have and not 00:35:09.239 --> 00:35:13.559 be able to assess that I was thinking is a businessman this 00:35:13.559 --> 00:35:13.920 room would do that 00:35:13.920 --> 00:35:15.760 that's why I asked the question and I'm all recognized 00:35:15.760 --> 00:35:16.599 Commissioner Dennis with 00:35:16.599 --> 00:35:18.670 but that's why I asked the question is because before us 00:35:18.670 --> 00:35:19.519 tonight we're gonna 00:35:19.519 --> 00:35:21.599 have some more discussion but we're gonna be working 00:35:21.599 --> 00:35:22.719 through this tree code 00:35:22.719 --> 00:35:26.739 ordinance and update and as such if we begin to preserve 00:35:26.739 --> 00:35:28.599 these areas the heads 00:35:28.599 --> 00:35:32.670 up somebody needs to have the discussion of how they get 00:35:32.670 --> 00:35:33.599 administered and who's 00:35:33.599 --> 00:35:36.369 gonna take care of them and pay for them before they get 00:35:36.369 --> 00:35:37.559 created and we have an 00:35:37.559 --> 00:35:40.940 issue and how they get administered and whether we were 00:35:40.940 --> 00:35:42.320 told that we're gonna 00:35:42.320 --> 00:35:47.130 have them in areas and then we're also told we don't know 00:35:47.130 --> 00:35:48.400 whether we we need to 00:35:48.400 --> 00:35:51.679 do a feasibility on whether we want it or not whether it's 00:35:51.679 --> 00:35:52.360 a sick puppy or a 00:35:52.360 --> 00:35:55.679 good puppy or whatever so Commissioner Daddowitz well that 00:35:55.679 --> 00:35:56.280 's kind of where I 00:35:56.280 --> 00:35:59.500 was going earlier and asking about the city taking over 00:35:59.500 --> 00:36:01.880 parks and requiring 00:36:01.880 --> 00:36:04.539 funds versus you know having to maintain them but having 00:36:04.539 --> 00:36:05.840 jumped on that last 00:36:05.840 --> 00:36:09.369 question do we have a stand of timber now that we have to 00:36:09.369 --> 00:36:11.000 maintain under a 00:36:11.000 --> 00:36:14.250 tree a tree part we have tree parks and we have a large 00:36:14.250 --> 00:36:16.079 urban forest within all 00:36:16.079 --> 00:36:19.829 of our parks you know one particular area where there is 00:36:19.829 --> 00:36:20.760 one right now sure 00:36:20.760 --> 00:36:23.389 and then you should know what the cost of maintenance that 00:36:23.389 --> 00:36:24.239 is not because your 00:36:24.239 --> 00:36:26.809 budget for it or you're having to maintain it so you know 00:36:26.809 --> 00:36:27.800 what the current 00:36:27.800 --> 00:36:31.909 that's maintenance cost is of that particular property and 00:36:31.909 --> 00:36:32.960 or all the ones 00:36:32.960 --> 00:36:38.639 that we're doing right if I may make an analogy that is 00:36:38.639 --> 00:36:40.920 someone akin to you on 00:36:40.920 --> 00:36:46.869 a car so you can go by any car off the street and you know 00:36:46.869 --> 00:36:47.760 how much that car is 00:36:47.760 --> 00:36:51.039 gonna cost you to maintain and what's wrong with their car 00:36:51.039 --> 00:36:52.639 to me those two 00:36:52.639 --> 00:36:55.679 concepts are now with us but you own a car right now and 00:36:55.679 --> 00:36:56.800 you've owned it for 10 00:36:56.800 --> 00:36:59.449 years and you've been putting maintenance into it so you 00:36:59.449 --> 00:37:00.000 should know 00:37:00.000 --> 00:37:02.840 what the maintenance cost is of owning that particular car 00:37:02.840 --> 00:37:03.880 in which you've been 00:37:03.880 --> 00:37:06.639 owned for a while so I'm asking you we have property now 00:37:06.639 --> 00:37:07.719 that you own you have 00:37:07.719 --> 00:37:11.440 to maintain it there is a cost actual cost of maintaining 00:37:11.440 --> 00:37:12.440 that on a per acre 00:37:12.440 --> 00:37:16.230 or per person or however you do it that's kind of you know 00:37:16.230 --> 00:37:17.360 what's I have 00:37:17.360 --> 00:37:22.260 that fun I have those stats okay from a few years back what 00:37:22.260 --> 00:37:24.119 it costs per acre or 00:37:24.119 --> 00:37:29.170 per square foot to maintain trees I am NOT the person that 00:37:29.170 --> 00:37:30.679 's logged in at this 00:37:30.679 --> 00:37:36.340 diets that we could get yeah if the chair could could step 00:37:36.340 --> 00:37:37.280 in I think that's 00:37:37.280 --> 00:37:40.190 valuable information and we're gonna have some dialogue 00:37:40.190 --> 00:37:41.039 about this tree 00:37:41.039 --> 00:37:44.610 ordinance that's probably something that I would ask staff 00:37:44.610 --> 00:37:46.000 as we dig into this 00:37:46.000 --> 00:37:48.719 some more not only in tonight but sound like me may have 00:37:48.719 --> 00:37:49.719 some some future 00:37:49.719 --> 00:37:52.719 discussion on this if we could get that information and 00:37:52.719 --> 00:37:54.480 sure benefits everybody 00:37:54.480 --> 00:37:57.940 in how we draft this ordinance and also how you all may 00:37:57.940 --> 00:37:59.639 prepare for the future 00:37:59.639 --> 00:38:06.840 of that I am certainly in favor of maintaining standard 00:38:06.840 --> 00:38:08.119 trees within the 00:38:08.119 --> 00:38:13.960 community and preserving trees in the community but again 00:38:13.960 --> 00:38:15.800 if you buy a car and 00:38:15.800 --> 00:38:18.230 most people take the mechanics see what's wrong with it so 00:38:18.230 --> 00:38:20.039 we need to we 00:38:20.039 --> 00:38:22.449 need to make it a smart assessment just one last 00:38:22.449 --> 00:38:24.039 Commissioner does one final 00:38:24.039 --> 00:38:25.739 thing we just want to make sure you have the funds 00:38:25.739 --> 00:38:26.800 available to be able to take 00:38:26.800 --> 00:38:28.760 care of things that's why we're getting to we're not you 00:38:28.760 --> 00:38:29.480 know going in one 00:38:29.480 --> 00:38:31.840 direction but if we're gonna do something we want to make 00:38:31.840 --> 00:38:32.420 sure we we can 00:38:32.420 --> 00:38:36.210 maintain it though it doesn't get trashed or become a you 00:38:36.210 --> 00:38:37.440 know a derelict 00:38:37.440 --> 00:38:41.199 piece of property that's just no not used to anybody okay 00:38:41.199 --> 00:38:42.559 normally those are 00:38:42.559 --> 00:38:47.710 funded through the supplemental process in the budget what 00:38:47.710 --> 00:38:50.039 happens in in previous 00:38:50.039 --> 00:38:54.699 instances we maintain those track records and then apply 00:38:54.699 --> 00:38:55.480 for a supplemental 00:38:55.480 --> 00:39:02.800 the next budget season unfortunately or fortunately rather 00:39:02.800 --> 00:39:03.960 we have a very 00:39:03.960 --> 00:39:10.199 vibrant and growing community and we have a number of very 00:39:10.199 --> 00:39:12.320 great departments 00:39:12.320 --> 00:39:15.400 that buy quite competitively for those supplemental funding 00:39:15.400 --> 00:39:17.159 packages or 00:39:17.159 --> 00:39:22.469 sometimes hey you've already made maintaining for X amount 00:39:22.469 --> 00:39:24.360 of months you 00:39:24.360 --> 00:39:28.480 obviously can do it and we don't get the funding so we try 00:39:28.480 --> 00:39:30.519 to be a little more 00:39:30.519 --> 00:39:37.980 finite in our our statements in public I apologize for not 00:39:37.980 --> 00:39:39.920 giving you a complete 00:39:39.920 --> 00:39:42.650 cost benefit analysis but I just would rather give you 00:39:42.650 --> 00:39:43.880 accurate numbers than 00:39:43.880 --> 00:39:46.829 shoot from the hip and just give you I appreciate that and 00:39:46.829 --> 00:39:47.360 I know at the 00:39:47.360 --> 00:39:50.070 beginning your your presentation this is a beginning step 00:39:50.070 --> 00:39:50.719 of an ongoing 00:39:50.719 --> 00:39:53.550 conversation as you roll out your ordinance so appreciate 00:39:53.550 --> 00:39:54.199 what you've 00:39:54.199 --> 00:39:57.239 brought tonight I think you've given some great starting 00:39:57.239 --> 00:39:57.760 points I think 00:39:57.760 --> 00:40:00.340 Commission has given you some maybe some questions back of 00:40:00.340 --> 00:40:01.320 some things we'd like 00:40:01.320 --> 00:40:04.539 to see when you come back so we look forward to having you 00:40:04.539 --> 00:40:05.119 back and and 00:40:05.119 --> 00:40:07.980 having more dialogue on on what you're proposing on 00:40:07.980 --> 00:40:09.800 updating your ordinance so 00:40:09.800 --> 00:40:14.719 thank you very much thank you for opportunity yes a couple 00:40:14.719 --> 00:40:14.880 quick 00:40:14.880 --> 00:40:19.559 clarification thank you chair in her background material 00:40:19.559 --> 00:40:20.559 and what you 00:40:20.559 --> 00:40:24.000 presented on the board it classifies a neighborhood park is 00:40:24.000 --> 00:40:25.000 a medium-sized park 00:40:25.000 --> 00:40:28.719 the range in size from one and a half acres 15 acres yet on 00:40:28.719 --> 00:40:30.199 page six of the 00:40:30.199 --> 00:40:36.869 information sheet you pointed out section 22 - 41 C site 00:40:36.869 --> 00:40:37.519 selection 00:40:37.519 --> 00:40:40.550 characteristics part it classifies a neighborhood park is a 00:40:40.550 --> 00:40:41.480 minimum of five 00:40:41.480 --> 00:40:44.789 acres and obtained as one complete parcel so why the 00:40:44.789 --> 00:40:46.079 difference there I 00:40:46.079 --> 00:40:49.909 believe one is our internal nomenclature and one or NPA NRP 00:40:49.909 --> 00:40:52.440 a standards that may 00:40:52.440 --> 00:41:00.269 be made more sense on the AIS the NRP a standards due to 00:41:00.269 --> 00:41:03.360 the most recent NRP a 00:41:03.360 --> 00:41:09.050 data that's out in the 2016 field report that's what where 00:41:09.050 --> 00:41:10.360 I brought up the 00:41:10.360 --> 00:41:16.760 figure of 9.5 acres for thousand of which this this conduit 00:41:16.760 --> 00:41:19.039 provides 2.5 okay 00:41:19.039 --> 00:41:27.920 so our as with any national nomenclature versus local nomen 00:41:27.920 --> 00:41:29.480 clature there's going 00:41:29.480 --> 00:41:34.119 to be small nuances that are different okay so I'm sure if 00:41:34.119 --> 00:41:35.599 you look at Fed 00:41:35.599 --> 00:41:40.760 standards versus city didn't standards on number of things 00:41:40.760 --> 00:41:42.119 there would be minor 00:41:42.119 --> 00:41:45.679 nuance okay that makes a good in this one last question we 00:41:45.679 --> 00:41:46.719 didn't talk about 00:41:46.719 --> 00:41:51.239 biker hiking trails are we developing anything I know we've 00:41:51.239 --> 00:41:52.480 got the Cooper 00:41:52.480 --> 00:41:56.500 Creek trail is that in the works we are actually moving 00:41:56.500 --> 00:42:00.039 forward with I don't 00:42:00.039 --> 00:42:04.320 want to over speak I'm gonna step in as chair I know we 00:42:04.320 --> 00:42:05.280 were trying to go for 00:42:05.280 --> 00:42:08.650 about 30 minutes and we're 45 minutes in I know you're 00:42:08.650 --> 00:42:09.599 gonna be come back if 00:42:09.599 --> 00:42:12.889 we've got some further questions on this could we get you 00:42:12.889 --> 00:42:14.159 some an email from each 00:42:14.159 --> 00:42:16.239 individual commissioner they've got some follow-up because 00:42:16.239 --> 00:42:17.239 I know we've got a an 00:42:17.239 --> 00:42:19.539 important item that's coming before us next I know 00:42:19.539 --> 00:42:20.960 everybody wants to make sure 00:42:20.960 --> 00:42:24.750 we have some good time on so I'll leave a stack of my cards 00:42:24.750 --> 00:42:27.280 by the table there I 00:42:27.280 --> 00:42:30.519 apologize those that know me know I'm long-winded and we've 00:42:30.519 --> 00:42:31.159 asked a lot of 00:42:31.159 --> 00:42:35.179 questions so thank you for for giving us as much 00:42:35.179 --> 00:42:36.320 information as you could at this 00:42:36.320 --> 00:42:39.340 time again I really appreciate the opportunity just to have 00:42:39.340 --> 00:42:39.960 the opportunity 00:42:39.960 --> 00:42:55.949 thank you very much thank you I'll take one thank you sir 00:42:55.949 --> 00:42:57.000 good job we're gonna 00:42:57.000 --> 00:43:03.659 move to back to our the item that was on our number one on 00:43:03.659 --> 00:43:05.159 our agenda not to 00:43:05.159 --> 00:43:08.480 receive a clarification of agenda items and I'm gonna turn 00:43:08.480 --> 00:43:09.599 that over to Manal 00:43:09.599 --> 00:43:12.750 for a presentation thank you chairperson strange tonight we 00:43:12.750 --> 00:43:13.679 're going to present 00:43:13.679 --> 00:43:17.489 the proposed amendments to our tree preservation and 00:43:17.489 --> 00:43:19.320 landscape requirements 00:43:19.320 --> 00:43:22.780 specifically the tree code I'm going to ask Haywood to do a 00:43:22.780 --> 00:43:24.079 presentation for us 00:43:24.079 --> 00:43:28.460 which basically provides a good understanding of where we 00:43:28.460 --> 00:43:29.239 are where we 00:43:29.239 --> 00:43:32.320 came from and what is our intention and where we should be 00:43:32.320 --> 00:43:33.000 as a growing 00:43:33.000 --> 00:43:37.699 community today thank you good evening commissioners my 00:43:37.699 --> 00:43:38.679 name is Haywood Morgan 00:43:38.679 --> 00:43:41.679 and I'm the urban forester for the city of Denton just to 00:43:41.679 --> 00:43:42.679 give a little bit of 00:43:42.679 --> 00:43:47.219 background about myself my formal education is in urban 00:43:47.219 --> 00:43:48.400 forestry and I 00:43:48.400 --> 00:43:52.079 have about 18 years of experience working in urban forestry 00:43:52.079 --> 00:43:52.920 specifically 00:43:52.920 --> 00:43:57.000 working for municipal governments amongst three 00:43:57.000 --> 00:43:58.400 municipalities 00:43:58.400 --> 00:44:04.650 including the city of Denton so today our objective here is 00:44:04.650 --> 00:44:05.920 to hold a public 00:44:05.920 --> 00:44:08.650 hearing to consider making recommendations to the City 00:44:08.650 --> 00:44:09.119 Council 00:44:09.119 --> 00:44:12.760 regarding adopting an ordinance of the city of Denton Texas 00:44:12.760 --> 00:44:13.440 amending sub 00:44:13.440 --> 00:44:19.519 chapter 35.3 procedures sub chapter 35.13 site design 00:44:19.519 --> 00:44:20.760 standards and sub 00:44:20.760 --> 00:44:25.139 chapter 35.23 definitions and terms of the Denton 00:44:25.139 --> 00:44:26.320 development code as relates 00:44:26.320 --> 00:44:31.050 to tree preservation and landscape requirements so what is 00:44:31.050 --> 00:44:32.320 the tree code 00:44:32.320 --> 00:44:35.650 when we talk about the tree code well the tree code deals 00:44:35.650 --> 00:44:36.880 with the preservation 00:44:36.880 --> 00:44:40.130 of existing trees and mitigation of trees removed when 00:44:40.130 --> 00:44:41.400 preservation goals 00:44:41.400 --> 00:44:47.079 cannot be met it applies to the city limits not in the ATJ 00:44:47.079 --> 00:44:48.880 so why do we have 00:44:48.880 --> 00:44:52.230 a tree code why do we why is it important to preserve trees 00:44:52.230 --> 00:44:53.559 well first we 00:44:53.559 --> 00:44:57.449 have the many environmental benefits that are associated 00:44:57.449 --> 00:44:59.039 with trees from soil 00:44:59.039 --> 00:45:04.389 quality wildlife habitat beauty local climate modification 00:45:04.389 --> 00:45:06.280 air quality carbon 00:45:06.280 --> 00:45:11.320 sequestration stopping erosion reducing flooding filtering 00:45:11.320 --> 00:45:12.679 water pollution and 00:45:12.679 --> 00:45:18.679 noise abatement we also have the many health benefits that 00:45:18.679 --> 00:45:19.719 are associated 00:45:19.719 --> 00:45:25.480 with trees there's been studies that have shown that 00:45:25.480 --> 00:45:27.360 environments where people 00:45:27.360 --> 00:45:30.349 are exposed to environments where there are mature trees 00:45:30.349 --> 00:45:31.760 that they have boosted 00:45:31.760 --> 00:45:36.519 immune systems lower blood pressure reduce stress improve 00:45:36.519 --> 00:45:37.719 moods it speeds 00:45:37.719 --> 00:45:41.949 recovery after surgery increases energy level and improve 00:45:41.949 --> 00:45:44.360 sleep a recent study 00:45:44.360 --> 00:45:48.980 found that adding ten trees to a city block makes residents 00:45:48.980 --> 00:45:50.360 healthier by the 00:45:50.360 --> 00:45:53.860 same manner of raising their income by ten thousand dollars 00:45:53.860 --> 00:45:55.599 per household that 00:45:55.599 --> 00:46:00.489 same study found that having ten more trees added to a city 00:46:00.489 --> 00:46:02.159 block on average 00:46:02.159 --> 00:46:06.409 decreases cardio metabolic conditions in the way of 00:46:06.409 --> 00:46:08.880 increasing annual perceived 00:46:08.880 --> 00:46:12.599 income by twenty thousand dollars so there are many health 00:46:12.599 --> 00:46:14.039 benefits that we 00:46:14.039 --> 00:46:19.639 receive from trees so we talk about economic viability 00:46:19.639 --> 00:46:21.400 pictured here is one 00:46:21.400 --> 00:46:25.860 of our local commercial properties you may recognize it you 00:46:25.860 --> 00:46:27.360 may not but this is 00:46:27.360 --> 00:46:31.190 an example of a commercial development where trees were 00:46:31.190 --> 00:46:33.119 successfully preserved 00:46:33.119 --> 00:46:36.400 and you see the trees are you know still around the 00:46:36.400 --> 00:46:37.920 property still providing 00:46:37.920 --> 00:46:41.969 benefits you can't see it too well but this sign this 00:46:41.969 --> 00:46:43.280 particular establishment 00:46:43.280 --> 00:46:48.429 was listed at one as one of Denton's best of 2016 so you 00:46:48.429 --> 00:46:49.639 can preserve trees 00:46:49.639 --> 00:46:56.300 and have a successful business in the process there's also 00:46:56.300 --> 00:46:57.679 been studies shown 00:46:57.679 --> 00:47:01.780 that trees can lower heating and air conditioning costs by 00:47:01.780 --> 00:47:04.280 up to 40% 00:47:04.280 --> 00:47:08.690 shoppers are willing to pay more up to 12% more in areas 00:47:08.690 --> 00:47:10.199 and shopping areas 00:47:10.199 --> 00:47:13.889 where trees are present versus areas where trees are not 00:47:13.889 --> 00:47:15.199 present even the 00:47:15.199 --> 00:47:19.429 perceived quality of products has been shown to have an 00:47:19.429 --> 00:47:21.280 increased perception of 00:47:21.280 --> 00:47:27.360 quality when the shopping areas have trees and and lastly 00:47:27.360 --> 00:47:29.280 it's been shown in 00:47:29.280 --> 00:47:33.559 multiple studies that home values are four to fifteen 00:47:33.559 --> 00:47:35.800 percent higher in areas 00:47:35.800 --> 00:47:40.440 that have mature trees now it's true that there is not a 00:47:40.440 --> 00:47:42.679 checkbox when a bank 00:47:42.679 --> 00:47:46.190 appraiser comes out to a property to assess a property to 00:47:46.190 --> 00:47:47.199 say okay trees 00:47:47.199 --> 00:47:52.360 added X amount to the value of this house I won't dispute 00:47:52.360 --> 00:47:53.000 that that is 00:47:53.000 --> 00:47:58.659 absolutely correct that being said the studies that that 00:47:58.659 --> 00:48:00.400 have been done has to 00:48:00.400 --> 00:48:04.460 do with the desirability of someone to live in a 00:48:04.460 --> 00:48:06.880 neighborhood people that are 00:48:06.880 --> 00:48:11.039 purchasing homes are willing to spend more for homes that 00:48:11.039 --> 00:48:12.639 have mature trees and 00:48:12.639 --> 00:48:16.309 the neighborhood so if someone is willing to pay more for 00:48:16.309 --> 00:48:17.719 houses in that 00:48:17.719 --> 00:48:20.789 neighborhood when the bank does their comps what does that 00:48:20.789 --> 00:48:21.960 do well that 00:48:21.960 --> 00:48:24.670 increases the values in that neighborhood where there are 00:48:24.670 --> 00:48:25.039 mature 00:48:25.039 --> 00:48:28.900 trees I know for one the last house that I purchased one of 00:48:28.900 --> 00:48:29.519 the big 00:48:29.519 --> 00:48:32.050 determining factors were the mature trees and the 00:48:32.050 --> 00:48:33.639 neighborhood as well as a 00:48:33.639 --> 00:48:39.159 city park within a half a block of the house that had a lot 00:48:39.159 --> 00:48:41.000 of trees in it so 00:48:41.000 --> 00:48:46.340 we also look at public demand as you may know and I'll go 00:48:46.340 --> 00:48:47.840 over this a little bit 00:48:47.840 --> 00:48:52.119 later but Denton's tree preservation code started off with 00:48:52.119 --> 00:48:54.800 with public demand 00:48:54.800 --> 00:48:58.699 as a result of trees being removed at the flow hospital 00:48:58.699 --> 00:49:00.159 site here in town in 00:49:00.159 --> 00:49:06.050 2003 this clip of this picture an article is from last week 00:49:06.050 --> 00:49:07.039 's didn't record 00:49:07.039 --> 00:49:10.690 Chronicle southern didn't area cleared of trees to make way 00:49:10.690 --> 00:49:12.840 for homes and this is 00:49:12.840 --> 00:49:15.559 one of the local residents standing next to a pile of mulch 00:49:15.559 --> 00:49:18.719 so residents have not 00:49:18.719 --> 00:49:23.050 you know lost their desire to preserve trees it is still a 00:49:23.050 --> 00:49:24.159 demand of the 00:49:24.159 --> 00:49:29.780 citizens of Denton we talked about the the the benefits of 00:49:29.780 --> 00:49:31.760 trees as relates to 00:49:31.760 --> 00:49:36.579 the urban heat island there's been many studies that have 00:49:36.579 --> 00:49:38.760 shown that cities and 00:49:38.760 --> 00:49:42.409 urban areas that are devoid of trees have higher daytime 00:49:42.409 --> 00:49:43.440 and nighttime 00:49:43.440 --> 00:49:47.119 temperature due primarily to the absorption of heat during 00:49:47.119 --> 00:49:48.239 the daytime and 00:49:48.239 --> 00:49:51.969 the release of heat during the nighttime so our urban areas 00:49:51.969 --> 00:49:53.320 are hotter when they 00:49:53.320 --> 00:49:57.340 are devoid of trees and of course there's the aesthetic 00:49:57.340 --> 00:49:58.440 beauty that's 00:49:58.440 --> 00:50:03.739 provided by trees in our environment so who's affected by 00:50:03.739 --> 00:50:05.079 tree preservation and 00:50:05.079 --> 00:50:09.139 Denton well our property owners and residents are affected 00:50:09.139 --> 00:50:10.280 developers are 00:50:10.280 --> 00:50:14.960 affected and other interested groups such as keep them 00:50:14.960 --> 00:50:16.320 beautiful the Native 00:50:16.320 --> 00:50:23.360 Plant Society TWU UNT all those various stakeholders that 00:50:23.360 --> 00:50:24.239 we have in a community 00:50:24.239 --> 00:50:28.469 are also affected by how we preserve or how we do not 00:50:28.469 --> 00:50:30.159 preserve trees I'm not to 00:50:30.159 --> 00:50:34.039 stop and ask you a question sure this TWU and UNT do they 00:50:34.039 --> 00:50:35.000 follow the city of 00:50:35.000 --> 00:50:38.119 Denton tree ordinance are they exempt to state institutions 00:50:38.119 --> 00:50:39.280 you and T because 00:50:39.280 --> 00:50:42.239 they are state they they do not follow the city's tree 00:50:42.239 --> 00:50:43.599 preservation or they 00:50:43.599 --> 00:50:46.809 have their own guidelines that they abide by I'm not a 00:50:46.809 --> 00:50:47.840 hundred percent sure 00:50:47.840 --> 00:50:58.440 of TWU okay thank you mm-hmm so I mentioned earlier the 00:50:58.440 --> 00:50:59.159 flow hospital 00:50:59.159 --> 00:51:03.079 site and you know this this picture is a little distorted I 00:51:03.079 --> 00:51:03.920 stretched it out to 00:51:03.920 --> 00:51:07.719 fill the slide but you get the gesture you have your 00:51:07.719 --> 00:51:08.639 hospital here and you see 00:51:08.639 --> 00:51:12.460 there's a large stands of trees here to the east to the 00:51:12.460 --> 00:51:14.639 north some to the to the 00:51:14.639 --> 00:51:19.619 west this is what I like to call the genesis of tree 00:51:19.619 --> 00:51:21.360 preservation in Denton 00:51:21.360 --> 00:51:24.150 this is where it all began this is where it started and 00:51:24.150 --> 00:51:25.599 that's why I felt it was 00:51:25.599 --> 00:51:29.320 important to include this at the start of our timeline so 00:51:29.320 --> 00:51:30.400 we have the flow 00:51:30.400 --> 00:51:36.480 hospital again 2003 in 2004 the city passed its first tree 00:51:36.480 --> 00:51:37.079 preservation 00:51:37.079 --> 00:51:42.969 requirements between 2005 and 2008 the tree code has been 00:51:42.969 --> 00:51:44.679 reviewed for updates 00:51:44.679 --> 00:51:52.480 and 2008 the city hired their first urban forester 2014 to 00:51:52.480 --> 00:51:53.800 present has been 00:51:53.800 --> 00:51:58.760 the current effort to revise the city's tree code 00:52:01.000 --> 00:52:09.480 back up here so the current state of our code you know 00:52:09.480 --> 00:52:11.440 basically there's too many 00:52:11.440 --> 00:52:16.039 variables there's 39 different scenarios for preserving 00:52:16.039 --> 00:52:17.960 trees based on the size 00:52:17.960 --> 00:52:20.989 of your property the type of trees it's it's not very 00:52:20.989 --> 00:52:22.519 straightforward at all 00:52:22.519 --> 00:52:26.750 there's no flexibility in the code when it comes to to 00:52:26.750 --> 00:52:28.679 preservation and there 00:52:28.679 --> 00:52:32.130 are no incentives to sort to save large trees now when I'm 00:52:32.130 --> 00:52:33.239 when I'm speaking of 00:52:33.239 --> 00:52:36.690 large trees I mean those trees in our code that are listed 00:52:36.690 --> 00:52:38.199 18 inches and larger 00:52:38.199 --> 00:52:43.019 our our protected trees and our large secondary trees under 00:52:43.019 --> 00:52:44.440 our current code 00:52:44.440 --> 00:52:47.760 there is no requirement to preserve any tree that's 18 00:52:47.760 --> 00:52:48.960 inches above if the 00:52:48.960 --> 00:52:52.269 developer or the development removes that they simply pay 00:52:52.269 --> 00:52:53.360 for the tree they 00:52:53.360 --> 00:52:57.369 mitigated either at a one to two ratio or one to one ratio 00:52:57.369 --> 00:52:58.760 if it's in if it's a 00:52:58.760 --> 00:53:02.679 part if it is a part of a tree stand it can be can be 00:53:02.679 --> 00:53:04.639 treated as a tree stand 00:53:04.639 --> 00:53:08.559 and as a tree that's less than 18 inches that's under our 00:53:08.559 --> 00:53:10.960 current code so here's 00:53:10.960 --> 00:53:14.599 some examples of the state of our current code now here's 00:53:14.599 --> 00:53:16.079 an example of a 00:53:16.079 --> 00:53:18.880 commercial development I believe it's a doctor's office 00:53:18.880 --> 00:53:19.840 where you see they 00:53:19.840 --> 00:53:23.300 successfully preserved large trees in this landscape the 00:53:23.300 --> 00:53:24.440 road is not pictured 00:53:24.440 --> 00:53:27.260 here I wanted to actually show the the trees and the 00:53:27.260 --> 00:53:29.159 building here's another 00:53:29.159 --> 00:53:32.650 the some similar the same picture we saw earlier of the the 00:53:32.650 --> 00:53:35.480 hotel and here's a 00:53:35.480 --> 00:53:40.300 student housing development near UNT that you know they 00:53:40.300 --> 00:53:41.719 were able to preserve 00:53:41.719 --> 00:53:48.400 a large tree on that site okay so here's another example of 00:53:48.400 --> 00:53:50.119 the current state of 00:53:50.119 --> 00:53:53.719 our code what I'm showing here is a parcel land prior to 00:53:53.719 --> 00:53:55.039 development and you 00:53:55.039 --> 00:53:58.369 can see you know it's not fully tree but you know it has a 00:53:58.369 --> 00:53:59.719 fair amount of trees 00:53:59.719 --> 00:54:04.679 on this property now here is the property developed as a 00:54:04.679 --> 00:54:06.360 residential site 00:54:06.360 --> 00:54:10.480 it's hard to pick out the areas that were preserved for 00:54:10.480 --> 00:54:12.800 trees were here there's a 00:54:12.800 --> 00:54:17.219 few trees here everything else on this site was removed now 00:54:17.219 --> 00:54:18.840 while I have this 00:54:18.840 --> 00:54:23.309 this picture up I'm going to cover something that you may 00:54:23.309 --> 00:54:24.960 hear later as 00:54:24.960 --> 00:54:27.760 far as the public hearing when we were going through 00:54:27.760 --> 00:54:29.119 meeting with some of our 00:54:29.119 --> 00:54:33.760 stakeholders we were asked about about the possibility of 00:54:33.760 --> 00:54:35.480 exempting roadways 00:54:35.480 --> 00:54:41.280 and building pads and utility easements from the tree code 00:54:41.280 --> 00:54:42.360 well if you can see 00:54:42.360 --> 00:54:47.579 this this development here which is an NR6 development if 00:54:47.579 --> 00:54:49.159 you exempt the 00:54:49.159 --> 00:54:54.119 street the building pad the utilities what area are you 00:54:54.119 --> 00:54:55.719 really not exempting 00:54:55.719 --> 00:55:00.530 for to have to preserve trees on this site there is 00:55:00.530 --> 00:55:04.280 virtually none okay so 00:55:04.280 --> 00:55:11.000 project review when we set out to revise this tree code we 00:55:11.000 --> 00:55:13.280 looked at we analyzed 00:55:13.280 --> 00:55:17.639 the current code you know to get a full understanding of 00:55:17.639 --> 00:55:19.639 the ramifications and 00:55:19.639 --> 00:55:25.260 the challenges with enforcing the current code we looked at 00:55:25.260 --> 00:55:26.079 best management 00:55:26.079 --> 00:55:31.780 practices as set forth by the American National Standards 00:55:31.780 --> 00:55:34.119 Institute ISA and 00:55:34.119 --> 00:55:39.739 tree care of organization we looked at comparing to 00:55:39.739 --> 00:55:43.440 benchmark cities not only in 00:55:43.440 --> 00:55:47.710 the DFW metro area we felt that it was important to get 00:55:47.710 --> 00:55:49.719 sample cities from the 00:55:49.719 --> 00:55:53.510 major metro areas throughout the state because when Denton 00:55:53.510 --> 00:55:54.639 is competing for 00:55:54.639 --> 00:55:59.679 businesses and residents there's a lot I can't remember the 00:55:59.679 --> 00:56:00.400 stat of the number 00:56:00.400 --> 00:56:04.210 of people moving to Texas but there's there's a lot of 00:56:04.210 --> 00:56:06.199 folks when businesses 00:56:06.199 --> 00:56:09.349 are looking to move to Texas we're not just competing 00:56:09.349 --> 00:56:11.239 against people in DFW or 00:56:11.239 --> 00:56:15.300 the cities around us we're competing with with Austin area 00:56:15.300 --> 00:56:16.599 with Houston area 00:56:16.599 --> 00:56:19.699 with San Antonio so we felt it important to look at those 00:56:19.699 --> 00:56:22.800 other metro areas also 00:56:22.800 --> 00:56:28.079 we also had community input so this slide here is an 00:56:28.079 --> 00:56:30.320 example we did a visual 00:56:30.320 --> 00:56:34.880 preference survey and what we did was we actually went out 00:56:34.880 --> 00:56:37.280 to the the three Kroger 00:56:37.280 --> 00:56:40.690 stores in town which are geographically fairly spread out 00:56:40.690 --> 00:56:43.840 and we posed you know 00:56:43.840 --> 00:56:47.760 several pictures to to shoppers going in and out some 00:56:47.760 --> 00:56:49.960 stopped some didn't but we 00:56:49.960 --> 00:56:54.519 ended up with about 300 just over 300 respondents that day 00:56:54.519 --> 00:56:55.599 from our visual 00:56:55.599 --> 00:57:00.150 preference survey we also went to the rec centers and the 00:57:00.150 --> 00:57:01.880 libraries so this is 00:57:01.880 --> 00:57:06.110 just you know was our sample slide for what someone's 00:57:06.110 --> 00:57:06.840 preference was on 00:57:06.840 --> 00:57:11.650 residential development so Commissioner Dudowitz with due 00:57:11.650 --> 00:57:12.760 respect yes I 00:57:12.760 --> 00:57:15.679 understand and I would prefer to live on one of these 00:57:15.679 --> 00:57:17.920 streets but I got to tell 00:57:17.920 --> 00:57:21.739 you I would believe that slide B is a very new newly 00:57:21.739 --> 00:57:23.840 planted residential area 00:57:23.840 --> 00:57:29.139 while slide C is probably a much older developed area so 00:57:29.139 --> 00:57:30.320 you're not really 00:57:30.320 --> 00:57:34.420 comparing apples with apples in time frame but if I 00:57:34.420 --> 00:57:35.599 understand you're 00:57:35.599 --> 00:57:39.070 comparing where would you prefer to live correct okay but 00:57:39.070 --> 00:57:40.000 it's gonna take time 00:57:40.000 --> 00:57:45.690 for the this the plan B there site B to grow it into the 00:57:45.690 --> 00:57:48.280 into number C well and 00:57:48.280 --> 00:57:52.199 if you notice on number B there are no trees planted 00:57:52.199 --> 00:57:53.820 between the curb and side 00:57:53.820 --> 00:57:58.829 walk you have a few trees planted back behind the sidewalk 00:57:58.829 --> 00:57:59.840 but not very many I 00:57:59.840 --> 00:58:03.019 could understand too because as those trees mature they're 00:58:03.019 --> 00:58:03.960 gonna go into the 00:58:03.960 --> 00:58:08.260 curbs they're gonna break up concrete and they also would 00:58:08.260 --> 00:58:09.360 in some cases I've 00:58:09.360 --> 00:58:11.900 seen where they've gotten so large that they obstruct views 00:58:11.900 --> 00:58:12.800 from driveways and 00:58:12.800 --> 00:58:16.170 people pulling out and or at stop signs so I'm trying to 00:58:16.170 --> 00:58:17.300 make sure that we 00:58:17.300 --> 00:58:20.320 understand it I love aesthetics I love trees in fact I'm 00:58:20.320 --> 00:58:21.199 trying to preserve a 00:58:21.199 --> 00:58:24.239 very very hundred year old tree in my front yard right now 00:58:24.239 --> 00:58:25.559 absolutely but 00:58:25.559 --> 00:58:29.349 there are I want to make sure we just were very honest and 00:58:29.349 --> 00:58:30.400 how we proceed 00:58:30.400 --> 00:58:34.260 proceed in in showing things like this that may be misconst 00:58:34.260 --> 00:58:35.039 rued that's all 00:58:35.039 --> 00:58:38.030 absolutely if I can interject for a second the intent of 00:58:38.030 --> 00:58:38.599 this visual 00:58:38.599 --> 00:58:41.670 preference survey was basically to give options or 00:58:41.670 --> 00:58:43.519 scenarios where you have this 00:58:43.519 --> 00:58:47.230 darkness and you don't have a landscape buffer that would 00:58:47.230 --> 00:58:48.599 accommodate those 00:58:48.599 --> 00:58:52.829 trees in fact the trees the trees would be located it's it 00:58:52.829 --> 00:58:54.559 's to show if you had 00:58:54.559 --> 00:58:58.179 an opportunity out of this visual preference slide what 00:58:58.179 --> 00:58:59.400 would be the most 00:58:59.400 --> 00:59:02.639 attractive to you so the intent was to look at 00:59:02.639 --> 00:59:04.360 opportunities because in some 00:59:04.360 --> 00:59:09.579 instances some people may not want the trees such as C or a 00:59:09.579 --> 00:59:11.559 they may prefer B 00:59:11.559 --> 00:59:14.889 so what we were trying to explain and expose everybody we 00:59:14.889 --> 00:59:16.079 didn't want to have 00:59:16.079 --> 00:59:19.079 just a heavily treed site for example the intent of the 00:59:19.079 --> 00:59:20.239 visual preference 00:59:20.239 --> 00:59:23.440 survey was not to give any false impression either but was 00:59:23.440 --> 00:59:23.960 to give a 00:59:23.960 --> 00:59:26.659 plethora of examples of it could be this or it could be 00:59:26.659 --> 00:59:28.000 this what do you like out 00:59:28.000 --> 00:59:39.260 of this okay so we looked at for our proposed revisions as 00:59:39.260 --> 00:59:39.880 I mentioned earlier 00:59:39.880 --> 00:59:43.039 we're looking at aligning with industrial industry best 00:59:43.039 --> 00:59:43.760 management 00:59:43.760 --> 00:59:47.539 practice American National Standards Institute nationally 00:59:47.539 --> 00:59:48.559 known organization 00:59:48.559 --> 00:59:53.059 that sets standards for various organizations this is done 00:59:53.059 --> 00:59:53.280 in 00:59:53.280 --> 00:59:58.329 conjunctions with TCIA which is a tree care National Tree 00:59:58.329 --> 01:00:00.199 Care Association and 01:00:00.199 --> 01:00:03.809 you know they set four standards and best management 01:00:03.809 --> 01:00:05.519 practices for tree care 01:00:05.519 --> 01:00:09.079 this particular section here deals with managing trees 01:00:09.079 --> 01:00:10.679 during construction so 01:00:10.679 --> 01:00:15.630 our idea was to let these national standards guide our 01:00:15.630 --> 01:00:17.440 decisions with how 01:00:17.440 --> 01:00:21.719 we preserve and how we manage trees in the city of Denton 01:00:21.719 --> 01:00:23.920 so we looked at 01:00:23.920 --> 01:00:27.639 establishing or proposing to establish an exempt tree list 01:00:27.639 --> 01:00:28.239 you might want to 01:00:28.239 --> 01:00:31.369 say well why exempt some trees from the tree code right you 01:00:31.369 --> 01:00:32.239 know aren't all 01:00:32.239 --> 01:00:35.389 trees good they all provide benefits well they all provide 01:00:35.389 --> 01:00:36.300 benefits but they're 01:00:36.300 --> 01:00:39.769 not all desirable in a landscaping or in a landscape 01:00:39.769 --> 01:00:42.480 business situation so this 01:00:42.480 --> 01:00:45.949 is our mesquite tree that we have locally this is most of 01:00:45.949 --> 01:00:47.119 the time you see 01:00:47.119 --> 01:00:50.550 a mesquite listed on a property this is what you're looking 01:00:50.550 --> 01:00:52.079 at this particular 01:00:52.079 --> 01:00:56.579 tree believe it or not because it is a multi stem qualifies 01:00:56.579 --> 01:00:59.119 as a as a large 01:00:59.119 --> 01:01:01.760 secondary tree because it's over 18 inches when you do the 01:01:01.760 --> 01:01:02.559 measurements and 01:01:02.559 --> 01:01:07.179 you know how the industry standards looking at this as a 01:01:07.179 --> 01:01:08.440 professional 01:01:08.440 --> 01:01:12.760 urban forester this is really more of a large shrub versus 01:01:12.760 --> 01:01:15.239 a tree so the other 01:01:15.239 --> 01:01:18.119 reasons you know we're looking at mesquite if you can see 01:01:18.119 --> 01:01:19.199 mesquite has 01:01:19.199 --> 01:01:23.449 thorns if you have kids you know in a landscape situation 01:01:23.449 --> 01:01:24.280 you don't want you 01:01:24.280 --> 01:01:27.230 know your kids to have to deal with thorns kids like to 01:01:27.230 --> 01:01:28.480 climb trees they get 01:01:28.480 --> 01:01:32.559 into a climate of a tree a mesquite tree they will get 01:01:32.559 --> 01:01:34.239 injured it just will 01:01:34.239 --> 01:01:37.039 happen there were some other pictures when I was pulling 01:01:37.039 --> 01:01:37.800 these off of people 01:01:37.800 --> 01:01:40.320 that were injured but I didn't want to put anything up here 01:01:40.320 --> 01:01:41.159 that would be you 01:01:41.159 --> 01:01:45.360 know a little squeamish for some 01:01:50.400 --> 01:01:55.679 so this is a example of a honey locust tree nice tree 01:01:55.679 --> 01:01:58.079 otherwise but honey 01:01:58.079 --> 01:02:03.369 locust has thorns also as you see this this example the th 01:02:03.369 --> 01:02:04.380 orn is six inches 01:02:04.380 --> 01:02:06.690 long and they're not just on the branches but they're on 01:02:06.690 --> 01:02:08.480 the trunk of the tree so 01:02:08.480 --> 01:02:12.590 these can be you know a safety issue if they are you know 01:02:12.590 --> 01:02:13.599 present in a 01:02:13.599 --> 01:02:18.420 landscaping situation so we felt that is important not to 01:02:18.420 --> 01:02:19.400 preserve trees that 01:02:19.400 --> 01:02:23.079 will cause issues for you know the eventual property owner 01:02:23.079 --> 01:02:24.440 now this is a 01:02:24.440 --> 01:02:27.719 tree of this is a picture of a Texas ash you want to say 01:02:27.719 --> 01:02:29.079 Texas has a nice tree 01:02:29.079 --> 01:02:34.920 you see us in fall color beautiful tree well just recently 01:02:34.920 --> 01:02:36.320 there's been a bug 01:02:36.320 --> 01:02:39.349 emerald ash borer that has been detected in Texas it was 01:02:39.349 --> 01:02:40.480 only a matter of time 01:02:40.480 --> 01:02:44.539 hasn't made it to Denton yet but it's just a matter of time 01:02:44.539 --> 01:02:45.960 with the the the 01:02:45.960 --> 01:02:49.789 highways that you know converge here in Denton I mean this 01:02:49.789 --> 01:02:51.659 is less than 300 01:02:51.659 --> 01:02:55.889 miles away at present time once the tree is known to have 01:02:55.889 --> 01:02:57.920 emerald ash for the 01:02:57.920 --> 01:03:01.440 trees fully infested and you know it's pretty much a goner 01:03:01.440 --> 01:03:02.800 you know the only 01:03:02.800 --> 01:03:07.239 option if we are trying to preserve ash would be to have a 01:03:07.239 --> 01:03:08.559 guy like this it's 01:03:08.559 --> 01:03:10.989 actually a friend of mine from when I worked in Milwaukee 01:03:10.989 --> 01:03:12.119 because we actually 01:03:12.119 --> 01:03:16.139 had a program for treating ash trees along city streets 01:03:16.139 --> 01:03:17.239 because we had a 01:03:17.239 --> 01:03:22.510 significant population of ash trees the goal there wasn't 01:03:22.510 --> 01:03:23.679 to save the ash 01:03:23.679 --> 01:03:28.219 indefinitely but more so to manage the removal of the ash 01:03:28.219 --> 01:03:30.199 trees but this 01:03:30.199 --> 01:03:33.960 particular injection last two to three years so it's not 01:03:33.960 --> 01:03:35.199 just you inject it 01:03:35.199 --> 01:03:38.119 once and the trees good for life it's a continual 01:03:38.119 --> 01:03:39.880 maintenance issue 01:03:39.880 --> 01:03:42.920 Commissioner Beck thank you chair so you're saying the ash 01:03:42.920 --> 01:03:43.840 tree and I love 01:03:43.840 --> 01:03:47.179 ash tree so I was kind of surprised to see them is are you 01:03:47.179 --> 01:03:48.239 saying then that the 01:03:48.239 --> 01:03:53.849 ash tree is susceptible to this bug then or is it that when 01:03:53.849 --> 01:03:55.000 we bring in ash trees 01:03:55.000 --> 01:04:01.719 ash trees we're gonna be careful with that they bring the 01:04:01.719 --> 01:04:03.360 bug with them no the 01:04:03.360 --> 01:04:06.199 bug travels okay started off I believe ground but they go 01:04:06.199 --> 01:04:07.320 after the ash tree 01:04:07.320 --> 01:04:11.239 yes they are very host specific as opposed to a post oak or 01:04:11.239 --> 01:04:11.480 something 01:04:11.480 --> 01:04:15.630 correct correct they started off in Michigan if I'm not 01:04:15.630 --> 01:04:16.400 mistaken and they 01:04:16.400 --> 01:04:20.420 spread from there it's taking it I want to say it's been 01:04:20.420 --> 01:04:21.599 less than 10 years to 01:04:21.599 --> 01:04:26.599 get to Texas sometimes it travels just naturally through 01:04:26.599 --> 01:04:27.639 you know when through 01:04:27.639 --> 01:04:30.639 books travel but a lot of times they travel with firewood 01:04:30.639 --> 01:04:31.920 it even you know 01:04:31.920 --> 01:04:34.690 skipped over you know the state of Kansas and there's em 01:04:34.690 --> 01:04:35.639 erald ash borer in 01:04:35.639 --> 01:04:39.710 Denver Colorado so you know it's definitely something that 01:04:39.710 --> 01:04:40.199 we will have 01:04:40.199 --> 01:04:44.280 to deal with but the reason for exempting it is because we 01:04:44.280 --> 01:04:45.000 don't want to 01:04:45.000 --> 01:04:48.400 preserve a tree in a landscape that's going to cause an 01:04:48.400 --> 01:04:49.880 ongoing maintenance 01:04:49.880 --> 01:04:53.059 for someone down the road or to have them to remove the 01:04:53.059 --> 01:04:59.000 tree anyway so now 01:04:59.000 --> 01:05:02.119 reduce the number of exemptions under the current code 01:05:02.119 --> 01:05:03.519 there's about 13 01:05:03.519 --> 01:05:06.920 exemptions we reduce that down to four exemptions there are 01:05:06.920 --> 01:05:07.920 some exemptions 01:05:07.920 --> 01:05:12.949 that you know really are common-sense exemptions if a tree 01:05:12.949 --> 01:05:14.480 is dead you don't 01:05:14.480 --> 01:05:18.539 need to get up you know it's not you know the tree code 01:05:18.539 --> 01:05:20.159 doesn't apply yes 01:05:20.159 --> 01:05:24.110 Commissioner Donovan's what about the bulldog tree and it's 01:05:24.110 --> 01:05:25.639 thorns yeah I 01:05:25.639 --> 01:05:27.920 just listed three I didn't want to go through okay make 01:05:27.920 --> 01:05:28.920 sure you said the four 01:05:28.920 --> 01:05:32.730 so that's the fourth one no no no no this is exemptions to 01:05:32.730 --> 01:05:33.679 the tree code as 01:05:33.679 --> 01:05:37.090 a whole to preservation yeah yeah I can't remember the 01:05:37.090 --> 01:05:38.199 exact number there's 01:05:38.199 --> 01:05:42.599 a copy of the draft list I believe in the backup that's 01:05:42.599 --> 01:05:43.639 kind of buried down 01:05:43.639 --> 01:05:50.360 it's like attachment 10 yes yes so and again that's just a 01:05:50.360 --> 01:05:52.199 draft list it may 01:05:52.199 --> 01:05:56.119 expand because I want to run that by you know Texas State 01:05:56.119 --> 01:05:58.159 Forest Service just to 01:05:58.159 --> 01:06:01.329 see if there's something that that they know to be invasive 01:06:01.329 --> 01:06:02.280 which is another 01:06:02.280 --> 01:06:04.920 reason to exempt trees that are invasive they tend to 01:06:04.920 --> 01:06:05.960 destroy our natural 01:06:05.960 --> 01:06:10.190 habitats but I want to make sure that that we cover things 01:06:10.190 --> 01:06:11.000 that really we 01:06:11.000 --> 01:06:14.920 shouldn't be preserving in a landscape situation but 01:06:14.920 --> 01:06:16.280 looking at the number of 01:06:16.280 --> 01:06:19.980 exemptions to the tree code as a whole we rent down from 13 01:06:19.980 --> 01:06:21.519 to 4 you know I 01:06:21.519 --> 01:06:24.389 say some of them you know common-sense exemptions that can 01:06:24.389 --> 01:06:25.320 be left up to a 01:06:25.320 --> 01:06:29.389 discretion of the city forester and handle you know during 01:06:29.389 --> 01:06:30.199 the development 01:06:30.199 --> 01:06:36.480 process so we look we're also recommending based on our 01:06:36.480 --> 01:06:37.239 preservation 01:06:37.239 --> 01:06:41.510 requirements on canopy versus DBH and you may ask stuff why 01:06:41.510 --> 01:06:42.719 the switch from 01:06:42.719 --> 01:06:46.079 canopy to DBH well when we look at the benefits that are 01:06:46.079 --> 01:06:47.320 derived from trees 01:06:47.320 --> 01:06:52.920 they're derived based on the canopy the DBH can be very 01:06:52.920 --> 01:06:55.519 misleading as opposed to 01:06:55.519 --> 01:07:00.400 in reference to the actual canopy of a tree it is possible 01:07:00.400 --> 01:07:02.599 to have 18 inch tree 01:07:02.599 --> 01:07:07.119 that has a larger canopy than a 24 or 25 inch tree so why 01:07:07.119 --> 01:07:08.760 should we continue to 01:07:08.760 --> 01:07:15.760 look at DBH to assess our trees industry-wide when benefits 01:07:15.760 --> 01:07:16.599 are derived 01:07:16.599 --> 01:07:23.289 it's always based on on canopy so when you look at DBH you 01:07:23.289 --> 01:07:24.519 send someone out to 01:07:24.519 --> 01:07:28.159 the site they have a detail to tape measure and they 01:07:28.159 --> 01:07:29.119 measure the size of 01:07:29.119 --> 01:07:31.820 each individual tree on the site now once you get good you 01:07:31.820 --> 01:07:32.559 could kind of 01:07:32.559 --> 01:07:36.280 eyeball it but even that can can be off you know you can be 01:07:36.280 --> 01:07:37.599 off by an inch or so 01:07:37.599 --> 01:07:43.199 one way or the other moving to canopy we'll be looking at a 01:07:43.199 --> 01:07:44.360 situation similar 01:07:44.360 --> 01:07:46.719 to what I'm showing here where we'd be looking at an area 01:07:46.719 --> 01:07:47.519 photograph and 01:07:47.519 --> 01:07:53.769 basically using a program like ArcView to calculate the 01:07:53.769 --> 01:07:57.679 canopy inside the area 01:07:57.679 --> 01:08:03.800 here along with actually verifying you know that your 01:08:03.800 --> 01:08:04.920 aerial is accurate you 01:08:04.920 --> 01:08:07.619 know you may make a site visit to the site just to verify 01:08:07.619 --> 01:08:09.000 okay you know this 01:08:09.000 --> 01:08:11.409 isn't a bunch of privet that I'm looking at that looks like 01:08:11.409 --> 01:08:12.159 a tree you know you 01:08:12.159 --> 01:08:16.529 just verify what's on site. Question for you on that. Yes. 01:08:16.529 --> 01:08:17.000 Is that how 01:08:17.000 --> 01:08:19.840 this is going to roll forward through more of this type of 01:08:19.840 --> 01:08:20.880 an approach versus 01:08:20.880 --> 01:08:23.729 what's been the traditional like a tree survey we're moving 01:08:23.729 --> 01:08:24.399 away from tree 01:08:24.399 --> 01:08:28.560 survey requirements and going to this? Correct. Correct. Is 01:08:28.560 --> 01:08:29.680 there a standard 01:08:29.680 --> 01:08:33.449 that we're going to use that this is the time frame or who 01:08:33.449 --> 01:08:34.920 provides whether it's 01:08:34.920 --> 01:08:37.149 Google Maps or whatever that we're going to do the survey 01:08:37.149 --> 01:08:39.039 with? Yes. Yes in some 01:08:39.039 --> 01:08:43.100 instances we may be able to provide city mapping data. Okay 01:08:43.100 --> 01:08:44.760 . We are actually in the 01:08:44.760 --> 01:08:49.399 process of completing an eye tree assessment eye tree eco- 01:08:49.399 --> 01:08:50.000 assessment and 01:08:50.000 --> 01:08:54.319 urban tree canopy analysis and if I'm not mistaken we'll 01:08:54.319 --> 01:08:56.359 have data down to the 01:08:56.359 --> 01:08:59.880 parcel to where we can look at a parcel and see what the 01:08:59.880 --> 01:09:01.239 state of the canopy was 01:09:01.239 --> 01:09:04.800 on that parcel at that particular time. Okay great. 01:09:04.800 --> 01:09:08.039 Commissioner Hesman. Just not 01:09:08.039 --> 01:09:10.319 for nothing I don't know if it makes sense but it makes 01:09:10.319 --> 01:09:11.760 sense to me. I think 01:09:11.760 --> 01:09:15.779 given the technology now it makes no sense that you don't 01:09:15.779 --> 01:09:16.920 have access to a 01:09:16.920 --> 01:09:20.289 drone that could then go up. I mean really you go on a site 01:09:20.289 --> 01:09:21.119 you send it up 01:09:21.119 --> 01:09:25.239 and it's it's super simple. I mean I don't drive them but I 01:09:25.239 --> 01:09:25.920 know people to do 01:09:25.920 --> 01:09:29.029 and it's it's very simple you take aerial photos so if I'm 01:09:29.029 --> 01:09:29.760 there and I'm 01:09:29.760 --> 01:09:32.720 meeting with a builder you send it up you snap a shot and 01:09:32.720 --> 01:09:33.920 then you discuss it 01:09:33.920 --> 01:09:37.159 straight away and it's in it's super accurate and they 01:09:37.159 --> 01:09:38.039 think the technology 01:09:38.039 --> 01:09:41.250 is just it's it supports that. I don't know I mean 01:09:41.250 --> 01:09:42.960 obviously get back into a 01:09:42.960 --> 01:09:46.560 big bad budget but I'm just saying for what it's worth a 01:09:46.560 --> 01:09:47.760 note that makes no 01:09:47.760 --> 01:09:49.920 sense that we shouldn't you know you send the drone up you 01:09:49.920 --> 01:09:50.920 take a picture and 01:09:50.920 --> 01:09:53.430 you go back and you have it and it's accurate and you're 01:09:53.430 --> 01:09:54.439 not dependent on the 01:09:54.439 --> 01:09:57.489 third party you're not arguing over something that is 01:09:57.489 --> 01:09:58.720 static you know it's 01:09:58.720 --> 01:10:01.720 like hey we can get past what's here and when it was here 01:10:01.720 --> 01:10:02.880 let's just get on to 01:10:02.880 --> 01:10:05.800 the particulars. We've actually explored that option yeah 01:10:05.800 --> 01:10:06.600 but then it goes back 01:10:06.600 --> 01:10:09.500 to ordinances and budget but it's a very valuable tool 01:10:09.500 --> 01:10:10.560 especially in the 01:10:10.560 --> 01:10:15.069 planning arena these days. Well our GIS personnel in 01:10:15.069 --> 01:10:16.439 planning attended a 01:10:16.439 --> 01:10:19.829 conference a GIS conference in San Diego recently and one 01:10:19.829 --> 01:10:20.960 of the things that he 01:10:20.960 --> 01:10:25.079 shared with us when he came back was the drone technology 01:10:25.079 --> 01:10:26.399 used to do aerial 01:10:26.399 --> 01:10:30.319 you know aerial surveillance and you know ArcGIS has the 01:10:30.319 --> 01:10:31.760 tools built in to do 01:10:31.760 --> 01:10:35.600 you know to measure the tree canopy or to you know actually 01:10:35.600 --> 01:10:36.439 input that data 01:10:36.439 --> 01:10:41.260 so the technology is there you know I'm sure if there aren 01:10:41.260 --> 01:10:42.239 't local companies 01:10:42.239 --> 01:10:44.850 that are already you know on board with that I'm sure there 01:10:44.850 --> 01:10:45.479 'll be local 01:10:45.479 --> 01:10:49.960 companies coming on board with that technology. 01:10:50.359 --> 01:10:53.359 Commissioner Beck. Thank you chair just quick question that 01:10:53.359 --> 01:10:54.880 if within say a 01:10:54.880 --> 01:10:58.960 cluster like this we have a lot of ash trees or those other 01:10:58.960 --> 01:11:00.279 intrusive type 01:11:00.279 --> 01:11:04.119 trees what do we do then do we go in and remove them 01:11:04.119 --> 01:11:05.279 because we don't want them 01:11:05.279 --> 01:11:08.960 to be a liability to us and in doing that does that reduce 01:11:08.960 --> 01:11:11.199 that canopy? Well 01:11:11.199 --> 01:11:16.260 to look at the species composition of an area like this now 01:11:16.260 --> 01:11:17.520 what you would do is 01:11:17.520 --> 01:11:19.649 you would have you know someone to you know when you're 01:11:19.649 --> 01:11:20.439 doing their site 01:11:20.439 --> 01:11:23.890 verification they can look at the species composition and 01:11:23.890 --> 01:11:24.840 give an estimate 01:11:24.840 --> 01:11:27.640 on you know the percentages of species based on you know 01:11:27.640 --> 01:11:28.880 what they're actually 01:11:28.880 --> 01:11:33.520 seeing in the field. Okay and that kind of tags on to what 01:11:33.520 --> 01:11:35.560 I wanted to ask too and we've 01:11:35.560 --> 01:11:39.079 got this list here of trees we're going to exempt do we 01:11:39.079 --> 01:11:40.760 have a list of trees 01:11:40.760 --> 01:11:44.470 that we prefer like the post oak some of those or something 01:11:44.470 --> 01:11:45.680 like that so we have a 01:11:45.680 --> 01:11:47.819 specific list for that yes and these will be 01:11:47.819 --> 01:11:49.600 recommendations to the developers. 01:11:49.600 --> 01:11:56.520 Correct. Okay good thank you. Okay so we also looked at 01:11:56.520 --> 01:11:58.560 establishing a standard 01:11:58.560 --> 01:12:02.050 preservation amount of 30% per development. Under the 01:12:02.050 --> 01:12:03.760 current code the 01:12:03.760 --> 01:12:07.680 preservation percent ranges from 0 to 25% there's a lot of 01:12:07.680 --> 01:12:09.000 variations that 01:12:09.000 --> 01:12:12.539 contributes to that 39 different options for preservation 01:12:12.539 --> 01:12:14.399 under the current code. 01:12:14.399 --> 01:12:21.159 We're looking at doing a standard rate of 30% and that rate 01:12:21.159 --> 01:12:21.800 was derived 01:12:21.800 --> 01:12:30.239 basically in line with the recommendations of the Texas A&M 01:12:30.239 --> 01:12:30.640 Forest 01:12:30.640 --> 01:12:34.460 Service for this region so it's not just a number that you 01:12:34.460 --> 01:12:35.840 know we thought looked 01:12:35.840 --> 01:12:39.489 good it's actually based in what the recommendation of our 01:12:39.489 --> 01:12:40.680 state forestry 01:12:40.680 --> 01:12:48.840 agency is. So we're proposing to establish a flat 01:12:48.840 --> 01:12:50.439 mitigation ratio of 1 01:12:50.439 --> 01:12:56.170 to 4. Under the current code you know mitigation can be 01:12:56.170 --> 01:12:59.000 from 0 to 1 to 2 so you 01:12:59.000 --> 01:13:02.319 may say well why 1 to 4? Okay keep in mind we're going from 01:13:02.319 --> 01:13:03.680 canopy we're 01:13:03.680 --> 01:13:08.930 going from deviation to canopy so essentially we look at 01:13:08.930 --> 01:13:11.060 mitigation of the 01:13:11.060 --> 01:13:15.960 canopy we look at the canopy down of the canopy for say one 01:13:15.960 --> 01:13:18.100 large tree would be 01:13:18.100 --> 01:13:23.039 mitigated through the planting of four large canopy trees. 01:13:23.039 --> 01:13:24.239 Well you say well why 01:13:24.239 --> 01:13:26.920 not just a one-to-one to replace it one-to-one because I've 01:13:26.920 --> 01:13:27.680 heard that you 01:13:27.680 --> 01:13:34.920 know that question. Well to replace one for one you know 01:13:34.920 --> 01:13:35.619 you're looking at the 01:13:35.619 --> 01:13:40.289 time that it takes for that newly planted tree to reach its 01:13:40.289 --> 01:13:41.159 full size. 01:13:41.159 --> 01:13:46.600 You know under our current code we give a value of 1,256 01:13:46.600 --> 01:13:47.880 square feet to the 01:13:47.880 --> 01:13:53.489 canopy of a large tree. So by replacing it with four trees 01:13:53.489 --> 01:13:54.840 just say example if 01:13:54.840 --> 01:13:58.859 our large of the canopy we're replacing or the large tree 01:13:58.859 --> 01:14:03.359 if it takes 40 years for 01:14:03.359 --> 01:14:08.779 this one tree to reach that 1,256 that's 40 years where we 01:14:08.779 --> 01:14:09.800 are waiting to 01:14:09.800 --> 01:14:14.079 replace what was lost because of development. By having 01:14:14.079 --> 01:14:15.560 this as a 4 to 4 01:14:15.560 --> 01:14:19.409 ratio we're basically replacing our canopy on the fourth of 01:14:19.409 --> 01:14:20.439 the time that it 01:14:20.439 --> 01:14:23.800 would take based on the species you know that is planted of 01:14:23.800 --> 01:14:25.800 course. So that was 01:14:25.800 --> 01:14:30.479 part of the rationale for you know the 1 to 4 ratio. 01:14:30.479 --> 01:14:37.119 Commissioner Taylor. So if I 01:14:37.119 --> 01:14:40.529 understand what you're saying if there is for an example 01:14:40.529 --> 01:14:42.439 example a live oak on a 01:14:42.439 --> 01:14:46.380 property it's a large canopy tree it's established 40 or 50 01:14:46.380 --> 01:14:47.600 years old has a has 01:14:47.600 --> 01:14:52.069 a very large canopy 50 or 60 foot radius. I could remove 01:14:52.069 --> 01:14:54.079 that tree and then I 01:14:54.079 --> 01:14:59.890 could plant four two-inch live oaks and because that two- 01:14:59.890 --> 01:15:00.920 inch live oak is a 01:15:00.920 --> 01:15:08.399 large canopy tree the those 50 square feet of canopy now 01:15:08.399 --> 01:15:10.399 can replace the 01:15:10.399 --> 01:15:15.000 thousand square feet of canopy of the established live oak. 01:15:15.000 --> 01:15:16.119 That's that's what 01:15:16.119 --> 01:15:18.649 we're looking at we're not looking at the immediate 01:15:18.649 --> 01:15:20.119 replacement of what was 01:15:20.119 --> 01:15:24.479 lost because that would really be you know almost impract 01:15:24.479 --> 01:15:26.039 ical really just 01:15:26.039 --> 01:15:30.180 given space constraints on a given site and you know the 01:15:30.180 --> 01:15:31.520 number of trees you 01:15:31.520 --> 01:15:36.060 would need to accomplish that. Also keep in mind that we 01:15:36.060 --> 01:15:37.600 mitigate for trees when 01:15:37.600 --> 01:15:41.739 preservation requirements cannot be met so these are trees 01:15:41.739 --> 01:15:42.960 that fall into that 01:15:42.960 --> 01:15:49.800 area that that need to be mitigated based on the code. So 01:15:49.800 --> 01:15:52.000 if I so if 01:15:52.000 --> 01:15:57.020 expanding this example it's a lot with a variety of species 01:15:57.020 --> 01:15:58.840 on it say it's 50% 01:15:58.840 --> 01:16:03.880 coverage I can get to 30% I can remove 20% for free 01:16:03.880 --> 01:16:06.159 basically right because I 01:16:06.159 --> 01:16:09.760 think I can go from a 50% canopy cover to 30% canopy cover 01:16:09.760 --> 01:16:12.399 without was it would 01:16:12.399 --> 01:16:17.270 be 30% of the existing canopy cover oh so of the property 01:16:17.270 --> 01:16:18.760 itself oh so I so you 01:16:18.760 --> 01:16:21.460 can just you can just remove 70% of all trees on the 01:16:21.460 --> 01:16:22.840 property correct before you 01:16:22.840 --> 01:16:27.119 begin to mitigate correct can you selectively pick which 01:16:27.119 --> 01:16:28.239 species you remove 01:16:28.239 --> 01:16:36.079 without mitigation? I'm not sure your question there well 01:16:36.079 --> 01:16:38.399 so we're we're we're 01:16:38.399 --> 01:16:41.350 well not not the exemplist but large canopy versus smaller 01:16:41.350 --> 01:16:42.279 canopy you know I 01:16:42.279 --> 01:16:44.760 know that large canopy trees or something like that 01:16:44.760 --> 01:16:49.600 chinkapin and schumard and live oak and a handful of oaks 01:16:49.600 --> 01:16:51.600 will have that thousand 01:16:51.600 --> 01:16:54.050 plus square foot canopy there are a lot of trees that 01:16:54.050 --> 01:16:55.239 probably end up with about 01:16:55.239 --> 01:17:00.520 a 600 square foot canopy so and there will be there will 01:17:00.520 --> 01:17:01.439 just generally be a 01:17:01.439 --> 01:17:07.100 smaller tree if can I selectively cut down the 70% that I 01:17:07.100 --> 01:17:07.800 think will be the 01:17:07.800 --> 01:17:12.449 hardest for me to mitigate and then choose to mitigate the 01:17:12.449 --> 01:17:13.680 other ones I cut 01:17:13.680 --> 01:17:18.079 down with so I can cut down a bunch of kind of medium sized 01:17:18.079 --> 01:17:19.079 trees and replace 01:17:19.079 --> 01:17:23.800 them with a single two-inch schumard you can you can select 01:17:23.800 --> 01:17:25.319 which ones you you 01:17:25.319 --> 01:17:29.180 you remove but keep in mind we're looking at the canopy as 01:17:29.180 --> 01:17:30.520 a whole not the 01:17:30.520 --> 01:17:33.189 individual size of the tree or the the individuals we're 01:17:33.189 --> 01:17:34.319 looking at canopy as 01:17:34.319 --> 01:17:43.920 as a whole okay all right so all right thank you so I think 01:17:43.920 --> 01:17:44.359 we're gonna stop 01:17:44.359 --> 01:17:47.979 yeah I know we have food and we got ten minutes and I think 01:17:47.979 --> 01:17:49.640 we're gonna have a I 01:17:49.640 --> 01:17:52.000 don't know what kind of turnout we may already have this 01:17:52.000 --> 01:17:53.359 evening I'd like to 01:17:53.359 --> 01:17:55.909 ask the Commission do you all want to stop and get food you 01:17:55.909 --> 01:17:56.680 want to go through 01:17:56.680 --> 01:17:59.439 and see where we end up this evening and come back to eat 01:17:59.439 --> 01:18:00.960 afterwards what's the 01:18:00.960 --> 01:18:07.039 what's the Commission's pleasure we have the opportunity to 01:18:07.039 --> 01:18:07.960 ask these questions in 01:18:07.960 --> 01:18:15.119 public hearing okay I have a few more things to phase in on 01:18:15.119 --> 01:18:15.640 this slide and 01:18:15.640 --> 01:18:22.300 then I have one more slide sure I'm sorry I've been 01:18:22.300 --> 01:18:25.199 watching the 13 or 14 01:18:25.199 --> 01:18:27.100 at the tip thinking I go well okay we're gonna go the next 01:18:27.100 --> 01:18:28.159 one I'm like yeah how 01:18:28.159 --> 01:18:33.789 many 13 or 14s are there so let's take a call for a break 01:18:33.789 --> 01:18:35.479 here at 620 let's try 01:18:35.479 --> 01:18:37.390 to grab some food right quick and try to finish our 01:18:37.390 --> 01:18:38.600 presentation before we got to 01:18:38.600 --> 01:18:42.829 go in if we need a few minutes run a little light we just 01:18:42.829 --> 01:18:43.479 have to 01:18:46.800 --> 01:18:52.060 but call us back in to order at 627 and we're gonna go on 01:18:52.060 --> 01:18:54.560 and I'm gonna just go 01:18:54.560 --> 01:18:57.029 ahead for right now just for the Commission's approval I 01:18:57.029 --> 01:18:57.720 guess a couple 01:18:57.720 --> 01:19:01.180 things may want to send somebody into the council chambers 01:19:01.180 --> 01:19:02.159 just let me know 01:19:02.159 --> 01:19:04.060 we're gonna be running a few minutes light here at work 01:19:04.060 --> 01:19:04.840 session so they've 01:19:04.840 --> 01:19:09.890 got a heads up you think you need another 15 minutes if 01:19:09.890 --> 01:19:11.159 that not even got 01:19:11.159 --> 01:19:14.659 even that only very little bit left just depends on 01:19:14.659 --> 01:19:17.640 questions but maybe say we 01:19:17.640 --> 01:19:20.239 may need a we may need a restroom break between here and 01:19:20.239 --> 01:19:21.880 there's maybe 645 we'll 01:19:21.880 --> 01:19:26.279 start some one will let the folks in council there's also 01:19:26.279 --> 01:19:27.520 just so the rest of 01:19:27.520 --> 01:19:31.439 Commission knows there's a number of items on this 01:19:31.439 --> 01:19:32.760 ordinance that are 01:19:32.760 --> 01:19:36.220 apparently not quite ready to go some some definitions some 01:19:36.220 --> 01:19:37.239 legal things and 01:19:37.239 --> 01:19:40.020 some other things to need to be worked out so tonight I 01:19:40.020 --> 01:19:41.279 want to just throw out 01:19:41.279 --> 01:19:44.640 if it's the Commission's pleasure for us to continue this 01:19:44.640 --> 01:19:45.920 item rather than trying 01:19:45.920 --> 01:19:49.340 to work through and solve all of these issues out here in 01:19:49.340 --> 01:19:50.880 our public so I'll 01:19:50.880 --> 01:19:53.579 throw that out and then also want to throw out if that's 01:19:53.579 --> 01:19:54.920 the direction that 01:19:54.920 --> 01:20:00.170 council I mean Commission wants to to go we would probably 01:20:00.170 --> 01:20:01.159 want to go ahead and 01:20:01.159 --> 01:20:05.569 do a suspension of our rules because our rules state that 01:20:05.569 --> 01:20:06.840 if we open a public 01:20:06.840 --> 01:20:11.199 hearing and someone comes to speak we want to ask for 01:20:11.199 --> 01:20:13.279 public input about our 01:20:13.279 --> 01:20:17.090 ordinance this evening when it comes back when it gets 01:20:17.090 --> 01:20:18.479 revised and some of 01:20:18.479 --> 01:20:22.239 these issues get taken care of that they under our rules 01:20:22.239 --> 01:20:23.760 cannot speak again on 01:20:23.760 --> 01:20:27.590 that item so I would like to throw out as an option for our 01:20:27.590 --> 01:20:28.439 Commission to 01:20:28.439 --> 01:20:32.739 suspend the rules to gain public input tonight from all the 01:20:32.739 --> 01:20:34.039 stakeholders so 01:20:34.039 --> 01:20:37.079 that when this date these items do get resolved and 01:20:37.079 --> 01:20:38.760 finished up that everyone 01:20:38.760 --> 01:20:42.210 who is interested in this has the opportunity to come back 01:20:42.210 --> 01:20:43.439 to us to speak 01:20:43.439 --> 01:20:46.579 again on what the final ordinance is going to be with these 01:20:46.579 --> 01:20:47.560 items cleaned up 01:20:47.560 --> 01:20:50.220 so just want to throw that out for you for everybody to 01:20:50.220 --> 01:20:51.359 think about as we're 01:20:51.359 --> 01:20:54.850 wrapping up work session and before we start here and in 01:20:54.850 --> 01:20:57.439 our public meeting so 01:20:57.439 --> 01:21:01.420 you have a question Commissioner but always we need to make 01:21:01.420 --> 01:21:04.279 a motion we will 01:21:04.279 --> 01:21:06.840 when we get into our public hearing and obviously we make 01:21:06.840 --> 01:21:07.760 an emotion whether 01:21:07.760 --> 01:21:10.380 we're going to continue the item ahead of time and all of 01:21:10.380 --> 01:21:11.279 those things so I 01:21:11.279 --> 01:21:14.039 want to just be prior to the public hearings that's why I 01:21:14.039 --> 01:21:14.960 wanted to bring it 01:21:14.960 --> 01:21:17.319 up here as we're wrapping up work session as we've gone a 01:21:17.319 --> 01:21:18.079 little bit long 01:21:18.079 --> 01:21:21.479 and ran out of time too I didn't want to run out time 01:21:21.479 --> 01:21:22.760 without throwing this out 01:21:22.760 --> 01:21:25.579 to you all to have some opportunity to consider it before 01:21:25.579 --> 01:21:26.359 we go in for our 01:21:26.359 --> 01:21:29.359 public meeting so anybody else have a comment or question 01:21:29.359 --> 01:21:30.399 on on those couple 01:21:30.399 --> 01:21:35.880 housekeeping items for me when we go in to start our public 01:21:35.880 --> 01:21:36.720 meeting again if 01:21:36.720 --> 01:21:40.039 that's what the conditions I was going to suggest that 01:21:40.039 --> 01:21:41.479 anyway okay and I'm glad 01:21:41.479 --> 01:21:48.680 you brought it up because there is a lot of changes okay so 01:21:48.680 --> 01:21:49.600 we'll think about 01:21:49.600 --> 01:21:53.439 that and we'll have some motions when we get back into our 01:21:53.439 --> 01:21:54.439 public meeting so 01:21:54.439 --> 01:21:57.270 with that thank you for letting us do a little housekeeping 01:21:57.270 --> 01:21:58.119 here and please 01:21:58.119 --> 01:22:03.119 continue with the presentation okay so moving on to the 01:22:03.119 --> 01:22:05.520 next bullet here we 01:22:05.520 --> 01:22:08.949 revised the calculation for the tree fund pavement moving 01:22:08.949 --> 01:22:10.460 from diameter inches 01:22:10.460 --> 01:22:15.520 to canopy necessitated this revision so what I have here is 01:22:15.520 --> 01:22:16.460 just a very very 01:22:16.460 --> 01:22:21.479 basic example when preservation when preserving on a site 01:22:21.479 --> 01:22:23.520 so let's say our 01:22:23.520 --> 01:22:30.279 site has a canopy of 1,000 square feet and our preservation 01:22:30.279 --> 01:22:31.520 requirements is 30% 01:22:31.520 --> 01:22:34.520 of that so 300 square feet is what we're required to 01:22:34.520 --> 01:22:35.960 preserve based on the code 01:22:35.960 --> 01:22:40.560 but we're also allowing to dip below that up to 50% of that 01:22:40.560 --> 01:22:41.880 300 may be 01:22:41.880 --> 01:22:45.899 removed and mitigated through replanting of new trees or 01:22:45.899 --> 01:22:47.279 payment into the city's 01:22:47.279 --> 01:22:52.579 tree fund now this mitigation would be for the 150 square 01:22:52.579 --> 01:22:55.439 feet of trees in the 01:22:55.439 --> 01:22:59.500 example of planting new trees that's where our one to four 01:22:59.500 --> 01:23:00.680 ratio will come 01:23:00.680 --> 01:23:05.520 into play so what we would be looking at is as you know 01:23:05.520 --> 01:23:06.399 mitigating through 01:23:06.399 --> 01:23:13.079 planting of 600 square feet of canopy so notice even with 01:23:13.079 --> 01:23:14.760 that you know 600 01:23:14.760 --> 01:23:17.880 square feet of canopy plus the 150 left we're still less 01:23:17.880 --> 01:23:19.079 than the initial tree 01:23:19.079 --> 01:23:24.000 canopy on the site so you know 600 plus 150 that's 750 so 01:23:24.000 --> 01:23:25.399 we're still at a net 01:23:25.399 --> 01:23:29.489 loss of canopy on this you know post development versus pre 01:23:29.489 --> 01:23:31.220 -development okay 01:23:31.220 --> 01:23:35.279 so to calculate our tree fund payment what you would 01:23:35.279 --> 01:23:36.399 basically stop you there 01:23:36.399 --> 01:23:39.920 and ask question now that's just in regards to development 01:23:39.920 --> 01:23:40.640 does that include 01:23:40.640 --> 01:23:44.869 when you come back in to plant landscape type trees street 01:23:44.869 --> 01:23:45.840 trees any of those 01:23:45.840 --> 01:23:49.449 extra trees that are planted on the site in addition to 01:23:49.449 --> 01:23:50.800 that or not that's my 01:23:50.800 --> 01:23:57.720 next bullet but so far to calculate the tree fund payment 01:23:57.720 --> 01:23:58.640 what we're proposing 01:23:58.640 --> 01:24:00.979 you know once you figure out the amount of canopy that you 01:24:00.979 --> 01:24:02.000 're mitigating in this 01:24:02.000 --> 01:24:06.920 example it's 150 square feet of canopy we would times that 01:24:06.920 --> 01:24:08.960 by $450 per square 01:24:08.960 --> 01:24:11.770 feet will you say how do we come up with that $450 per 01:24:11.770 --> 01:24:13.680 square feet I'm using this 01:24:13.680 --> 01:24:19.680 $4.50 per square foot of canopy. 01:24:19.680 --> 01:24:21.680 Quit eating there for a second. 01:24:21.680 --> 01:24:23.680 [Laughter] 01:24:23.680 --> 01:24:29.800 Let me state that again for the record $4.50 per square 01:24:29.800 --> 01:24:31.199 foot of canopy. 01:24:31.199 --> 01:24:36.350 This number will be based on what the structural value of 01:24:36.350 --> 01:24:38.119 the urban canopy is 01:24:38.119 --> 01:24:42.609 in the city of Denton. We are currently conducting an urban 01:24:42.609 --> 01:24:43.319 tree canopy 01:24:43.319 --> 01:24:48.039 assessment and an i-tree eco-assessment. These studies that 01:24:48.039 --> 01:24:48.479 we're currently 01:24:48.479 --> 01:24:53.630 undertaking will give us what the structural value of the 01:24:53.630 --> 01:24:54.800 trees are for 01:24:54.800 --> 01:24:58.199 the city of Denton. Once we know the value of the trees as 01:24:58.199 --> 01:24:59.359 a whole I can 01:24:59.359 --> 01:25:04.960 calculate what a square foot of canopy in Denton cost. This 01:25:04.960 --> 01:25:06.560 number is really 01:25:06.560 --> 01:25:11.239 close to what a square foot of canopy is worth in Arlington 01:25:11.239 --> 01:25:12.359 Texas. They did that 01:25:12.359 --> 01:25:17.640 study several years ago. Yes so I'm fairly confident that 01:25:17.640 --> 01:25:18.439 you know our 01:25:18.439 --> 01:25:22.199 numbers will come in somewhere around this number. So to 01:25:22.199 --> 01:25:23.800 calculate what your 01:25:23.800 --> 01:25:27.529 tree fund payment would be just simply multiplying the 01:25:27.529 --> 01:25:28.760 amount of canopy that 01:25:28.760 --> 01:25:33.039 you're mitigating times that $4.50. 01:25:33.039 --> 01:25:35.039 Commissioner Dudowitz. 01:25:35.039 --> 01:25:38.399 I have just one series of questions here. Is anybody else 01:25:38.399 --> 01:25:41.119 using this barometer or this index? 01:25:41.119 --> 01:25:48.359 What you put up here? You gave us a benchmark city list. I 01:25:48.359 --> 01:25:49.640 asked back in 01:25:49.640 --> 01:25:53.420 December to add Lewisville Flower Mound but again the 01:25:53.420 --> 01:25:55.560 question is who's doing 01:25:55.560 --> 01:26:00.979 this right now? I've seen a various things mainly diameter 01:26:00.979 --> 01:26:01.520 inches or 01:26:01.520 --> 01:26:07.350 flat rates even. I haven't seen this particular method but 01:26:07.350 --> 01:26:08.600 the idea is to go 01:26:08.600 --> 01:26:12.159 to canopy because that's where we derive our benefits from. 01:26:12.159 --> 01:26:12.720 Any of these 01:26:12.720 --> 01:26:15.880 benchmark cities or any cities around us using canopy? 01:26:15.880 --> 01:26:17.880 Using canopy for 01:26:17.880 --> 01:26:22.319 preservation? Yes. South Lakes uses canopy for preservation 01:26:22.319 --> 01:26:24.159 . At some point in time 01:26:24.159 --> 01:26:27.039 down I'd like to be able to see what each of these cities 01:26:27.039 --> 01:26:27.880 are using. 01:26:27.880 --> 01:26:33.039 You use them as benchmarks. Okay. Here's the cities but I 01:26:33.039 --> 01:26:33.319 want to know 01:26:33.319 --> 01:26:35.760 specifically what each of those cities are and I would like 01:26:35.760 --> 01:26:36.600 to add something 01:26:36.600 --> 01:26:42.359 closer to us. Okay. I mean the Kennedy is but I asked back 01:26:42.359 --> 01:26:43.520 in December to look at 01:26:43.520 --> 01:26:50.159 Lewisville Flower Mound is more closer to you know our area 01:26:50.159 --> 01:26:50.680 here to the 01:26:50.680 --> 01:27:00.520 south. Okay. So the other proposal what we're proposing 01:27:00.520 --> 01:27:01.479 with this revision is 01:27:01.479 --> 01:27:05.859 that to allow for preserved and mitigated trees to count 01:27:05.859 --> 01:27:06.840 towards the 01:27:06.840 --> 01:27:11.069 landscaping requirement. Under the current code only trees 01:27:11.069 --> 01:27:11.680 preserved 01:27:11.680 --> 01:27:15.359 beyond the minimum can count towards the landscape canopy 01:27:15.359 --> 01:27:16.560 requirements for 01:27:16.560 --> 01:27:21.279 development. Mitigation trees are above and beyond required 01:27:21.279 --> 01:27:22.560 landscape trees 01:27:22.560 --> 01:27:27.100 under the current code. So what we're proposing is let's 01:27:27.100 --> 01:27:28.840 just say this example 01:27:28.840 --> 01:27:33.239 of a retail commercial establishment. Let's just say these 01:27:33.239 --> 01:27:33.840 were you know 01:27:33.840 --> 01:27:36.130 preserved trees. Well they count towards the canopy 01:27:36.130 --> 01:27:37.119 requirement for this 01:27:37.119 --> 01:27:41.880 development. Every one of these trees that are required for 01:27:41.880 --> 01:27:42.439 parking lot 01:27:42.439 --> 01:27:46.890 or for street trees count towards what your required 01:27:46.890 --> 01:27:49.079 mitigation is. Under the 01:27:49.079 --> 01:27:53.000 current code that does not exist. In addition if you are 01:27:53.000 --> 01:27:54.520 preserving trees 01:27:54.520 --> 01:27:57.810 that are larger than 18 inches you're getting double the 01:27:57.810 --> 01:27:58.640 credit for the 01:27:58.640 --> 01:28:02.939 canopy. That's a 200% increase of what is currently under 01:28:02.939 --> 01:28:05.159 our existing code. You 01:28:05.159 --> 01:28:09.489 get a for trees that are less than 18 inches it's a one-to- 01:28:09.489 --> 01:28:11.239 one credit. So you're 01:28:11.239 --> 01:28:14.560 getting the actual credit of what you preserve towards your 01:28:14.560 --> 01:28:15.239 new canopy 01:28:15.239 --> 01:28:19.600 requirements. Question if we have on the other extreme that 01:28:19.600 --> 01:28:20.520 if you take out one 01:28:20.520 --> 01:28:24.239 you have to plant four and the goal is to preserve why 01:28:24.239 --> 01:28:25.880 would we not at least 01:28:25.880 --> 01:28:31.310 match that or even increase it to encourage someone to 01:28:31.310 --> 01:28:32.680 preserve the 01:28:32.680 --> 01:28:35.829 existing canopy versus if you take it out you got plant 01:28:35.829 --> 01:28:36.960 four but if you save 01:28:36.960 --> 01:28:40.340 it you only get twice the credit. Well the goal of having 01:28:40.340 --> 01:28:41.880 the one to four again 01:28:41.880 --> 01:28:45.590 is to reduce the amount of time that it takes to replace 01:28:45.590 --> 01:28:46.840 the canopy. If 01:28:46.840 --> 01:28:49.770 we're looking at you know given at the end of the day you 01:28:49.770 --> 01:28:51.000 get four times the 01:28:51.000 --> 01:28:54.569 canopy. Yes I understand it takes time but at the end of 01:28:54.569 --> 01:28:55.239 the day you end up with 01:28:55.239 --> 01:28:58.420 four times the canopy doing that. Of the percentage that 01:28:58.420 --> 01:28:59.680 you mitigate remember 01:28:59.680 --> 01:29:03.140 70% of the trees that are removed on the site you can 01:29:03.140 --> 01:29:04.279 remove without any 01:29:04.279 --> 01:29:09.100 mitigation whatsoever. So you've already taken out 70% of 01:29:09.100 --> 01:29:09.800 the canopy so 01:29:09.800 --> 01:29:13.130 it's true that of that mitigation amount you know we're 01:29:13.130 --> 01:29:15.520 replacing more canopy 01:29:15.520 --> 01:29:22.529 but it's not going to exceed what was originally on the 01:29:22.529 --> 01:29:25.880 site and you know 01:29:25.880 --> 01:29:29.939 looking at you know the the credit for incentives for 01:29:29.939 --> 01:29:32.439 preserving trees if we 01:29:32.439 --> 01:29:35.720 raise that number too high we're going to have you know 01:29:35.720 --> 01:29:36.600 hard time actually 01:29:36.600 --> 01:29:39.659 having the canopy that we desire in our city in our 01:29:39.659 --> 01:29:42.119 developments. So if I give 01:29:42.119 --> 01:29:46.850 you know four times the credit for a preserved 18 inch or 01:29:46.850 --> 01:29:49.000 larger tree it's 01:29:49.000 --> 01:29:56.279 you know it's not I see your comparison but you know you're 01:29:56.279 --> 01:29:56.640 actually 01:29:56.640 --> 01:30:01.260 missing out on a lot of canopy on the site. Well I guess it 01:30:01.260 --> 01:30:02.520 would just be a 01:30:02.520 --> 01:30:06.180 philosophical difference is if you can take out the 70% and 01:30:06.180 --> 01:30:07.359 then you're stuck 01:30:07.359 --> 01:30:11.380 you're with the 30 then that's the part we ought to be 01:30:11.380 --> 01:30:13.000 talking about not if you 01:30:13.000 --> 01:30:15.560 can take out the 70 then we're going to come back and say 01:30:15.560 --> 01:30:16.520 well even though you 01:30:16.520 --> 01:30:21.520 can take it out technically that's per our code we still 01:30:21.520 --> 01:30:22.520 are trying to get back 01:30:22.520 --> 01:30:24.869 to what originally was there even though you can take out 01:30:24.869 --> 01:30:25.920 the 70 if that makes 01:30:25.920 --> 01:30:30.750 sense it's kind of a backwards in my mind of going well if 01:30:30.750 --> 01:30:31.479 you can take it 01:30:31.479 --> 01:30:35.239 out you can take it out I understand philosophically where 01:30:35.239 --> 01:30:35.720 you come up with 01:30:35.720 --> 01:30:39.960 we're short canopy but if we can take it out the 30% that 01:30:39.960 --> 01:30:41.159 you're left that's 01:30:41.159 --> 01:30:44.920 where I think the canopy then discussion is on trying to 01:30:44.920 --> 01:30:46.960 preserve and encourage 01:30:46.960 --> 01:30:49.670 that if that's if that's what we're trying to go. Well no 01:30:49.670 --> 01:30:50.840 the goal is not to 01:30:50.840 --> 01:30:55.489 try to replace the initial canopy on the site the goal is 01:30:55.489 --> 01:30:57.199 to mitigate for the 01:30:57.199 --> 01:31:02.619 canopy that you did not preserve of that 30% so the idea of 01:31:02.619 --> 01:31:04.279 the one to four again 01:31:04.279 --> 01:31:08.600 is to reduce the amount of time it takes to replace that 01:31:08.600 --> 01:31:10.880 specified 15% of the 01:31:10.880 --> 01:31:14.520 canopy that you're mitigating for. 01:31:15.520 --> 01:31:22.319 Yeah 50% of the 30 so yeah which is 15% of the of the. Yeah 01:31:22.319 --> 01:31:23.000 but that's kind of 01:31:23.000 --> 01:31:25.300 where I'm coming from is in your example you said well we 01:31:25.300 --> 01:31:26.680 have a thousand 01:31:26.680 --> 01:31:31.500 square feet of trees and you can take 70% of that so we're 01:31:31.500 --> 01:31:33.479 then with 300 and 01:31:33.479 --> 01:31:35.600 in your example you went back to say even when you do all 01:31:35.600 --> 01:31:36.319 this you end up 01:31:36.319 --> 01:31:39.920 back with 750 you're still short of the overall canopy 01:31:39.920 --> 01:31:41.399 right and that's my point 01:31:41.399 --> 01:31:46.079 is if you can take out the 70 then you can take out the 70 01:31:46.079 --> 01:31:46.960 and you're you're 01:31:46.960 --> 01:31:50.000 then left with your 30% that's the part we are talking 01:31:50.000 --> 01:31:50.640 about rather than how do 01:31:50.640 --> 01:31:55.359 we get back to the part that you can take out if I'm making 01:31:55.359 --> 01:31:56.039 sense on where 01:31:56.039 --> 01:31:58.920 I'm going with that. I understand what you're saying and 01:31:58.920 --> 01:32:00.479 keep in mind that you 01:32:00.479 --> 01:32:04.420 know looking at this site and looking at that urban forest 01:32:04.420 --> 01:32:05.000 ry you know a little 01:32:05.000 --> 01:32:09.409 more holistically one of the the key components to having a 01:32:09.409 --> 01:32:10.520 healthy and a 01:32:10.520 --> 01:32:14.800 vibrant urban forestry is species diversity and age 01:32:14.800 --> 01:32:16.800 diversity so you want 01:32:16.800 --> 01:32:20.930 to have a variation of age of trees on your site so by the 01:32:20.930 --> 01:32:22.119 time some of these 01:32:22.119 --> 01:32:25.890 trees that you're mitigating from are reaching their their 01:32:25.890 --> 01:32:27.039 full maturity some 01:32:27.039 --> 01:32:30.430 of those trees that you preserved initially may be petering 01:32:30.430 --> 01:32:30.920 out and 01:32:30.920 --> 01:32:34.119 actually being removed some from the site so it's twofold 01:32:34.119 --> 01:32:35.479 is to have that 01:32:35.479 --> 01:32:38.529 that species diversity and that age diversity on the site 01:32:38.529 --> 01:32:39.560 more importantly 01:32:39.560 --> 01:32:43.250 the age diversity so that we don't you know have a site to 01:32:43.250 --> 01:32:44.960 where you know 30 40 01:32:44.960 --> 01:32:47.210 50 years from now whenever the trees the end of the 01:32:47.210 --> 01:32:49.039 lifespan you don't have an 01:32:49.039 --> 01:32:51.939 entire site or entire neighborhood that has all the same 01:32:51.939 --> 01:32:53.119 age trees and they're 01:32:53.119 --> 01:32:57.720 dying out at the same time which also increases you know 01:32:57.720 --> 01:32:58.479 the maintenance 01:32:58.479 --> 01:33:04.619 costs for that individual property. Okay thank you. So in 01:33:04.619 --> 01:33:06.840 summary you know what 01:33:06.840 --> 01:33:10.989 we did we analyzed the existing code we conducted benchmark 01:33:10.989 --> 01:33:12.920 city analysis we 01:33:12.920 --> 01:33:16.789 reviewed industry best management practices and we solic 01:33:16.789 --> 01:33:17.840 ited stakeholders 01:33:17.840 --> 01:33:23.000 for community input. Now when we looked at you know rev 01:33:23.000 --> 01:33:24.960 ising the code you know 01:33:24.960 --> 01:33:29.789 our intent was not simply to copy other ordinances but to 01:33:29.789 --> 01:33:31.399 use what other cities 01:33:31.399 --> 01:33:35.420 were doing to craft an ordinance that works for the city of 01:33:35.420 --> 01:33:36.640 Denton which is in 01:33:36.640 --> 01:33:41.199 keeping with city leaders vision. 01:33:46.760 --> 01:33:54.630 Any other questions? Commissioner Hertzberg. No question 01:33:54.630 --> 01:33:55.439 real quick just a 01:33:55.439 --> 01:34:03.670 suggestion I think what you do is very enlightening I would 01:34:03.670 --> 01:34:06.199 be 100% behind 01:34:06.199 --> 01:34:10.630 an area maybe in one of these new develops developing in an 01:34:10.630 --> 01:34:11.720 area where you 01:34:11.720 --> 01:34:15.060 can take people to then get a day in the life right so here 01:34:15.060 --> 01:34:15.960 's this here's a 01:34:15.960 --> 01:34:20.409 cluster of these different kind of trees this does that so 01:34:20.409 --> 01:34:21.800 it so even if I'm a 01:34:21.800 --> 01:34:25.560 citizen or I have a kids group whatever we can become 01:34:25.560 --> 01:34:27.359 educated on hey here's the 01:34:27.359 --> 01:34:29.859 trees here's what I'm talking about we can go to this one 01:34:29.859 --> 01:34:30.840 central area and get 01:34:30.840 --> 01:34:34.520 a day in the life of an urban forester type thing and just 01:34:34.520 --> 01:34:35.760 get a snapshot of 01:34:35.760 --> 01:34:38.359 those different things so I just think it would be helpful 01:34:38.359 --> 01:34:39.000 for me you know 01:34:39.000 --> 01:34:41.869 we're having this conversation to go to a one acre lot and 01:34:41.869 --> 01:34:43.000 walk around and kick 01:34:43.000 --> 01:34:47.020 the tires and then come back and know have a good good 01:34:47.020 --> 01:34:48.720 hands-on experience 01:34:48.720 --> 01:34:51.939 with that so down the road for what it's worth but I think 01:34:51.939 --> 01:34:54.680 that would be useful 01:34:54.680 --> 01:34:58.920 for me personally. Commissioner Beck and we're going to try 01:34:58.920 --> 01:35:00.439 to wrap up and get on 01:35:00.439 --> 01:35:03.069 in what we'll have lots more time for more questions. Thank 01:35:03.069 --> 01:35:03.640 You Chair just 01:35:03.640 --> 01:35:06.340 clarification what we're fixing to do here we're moving 01:35:06.340 --> 01:35:07.960 this agenda item into 01:35:07.960 --> 01:35:10.520 the future so any real concerns we have here now can be 01:35:10.520 --> 01:35:11.800 addressed in the future 01:35:11.800 --> 01:35:16.039 too. That's going to be up to the Commission to put forth 01:35:16.039 --> 01:35:16.720 that motion 01:35:16.720 --> 01:35:20.710 that's right if that motion passes then that's I think that 01:35:20.710 --> 01:35:21.520 's the appropriate 01:35:21.520 --> 01:35:24.359 thing to do I can't speak for the Commission but I'm gonna 01:35:24.359 --> 01:35:24.760 throw it out I 01:35:24.760 --> 01:35:27.039 think that's appropriate thing to do based on where we are 01:35:27.039 --> 01:35:27.840 in the ordinance 01:35:27.840 --> 01:35:35.399 as of right now tonight. Okay thank you. So at 6 45 I'm 01:35:35.399 --> 01:35:36.279 going to close our work 01:35:36.279 --> 01:35:40.770 session and we will reconvene in council work in council 01:35:40.770 --> 01:35:41.760 chambers as soon as 01:35:41.760 --> 01:35:48.420 possible. Good evening and welcome to the City of Denton 01:35:48.420 --> 01:35:49.199 Planning and Zoning 01:35:49.199 --> 01:35:53.880 Commission meeting it is 6 55 and I apologize for running 01:35:53.880 --> 01:35:54.920 late we had a long 01:35:54.920 --> 01:35:58.779 work session this meeting has been duly posted and we have 01:35:58.779 --> 01:35:59.720 a quorum present and 01:35:59.720 --> 01:36:01.810 I'm going to call our meeting to order at this time the 01:36:01.810 --> 01:36:03.319 first item that we have 01:36:03.319 --> 01:36:07.649 is to stand and give the pledge to the US and the Texas 01:36:07.649 --> 01:36:08.119 flag. 01:36:24.920 --> 01:36:31.239 The Texas flag pledge allegiance to thee Texas one state 01:36:31.239 --> 01:36:36.119 under God one indivisible. 01:36:44.000 --> 01:36:47.380 The next item on our agenda this evening will be to have a 01:36:47.380 --> 01:36:51.279 motion for our minutes 01:36:51.279 --> 01:36:57.510 of our July 13th meeting. Chair would entertain a motion. 01:36:57.510 --> 01:36:58.600 Commissioner Rizel. 01:36:58.600 --> 01:37:02.670 I motion to approve the minutes. Commissioner Dudowitz. I 01:37:02.670 --> 01:37:03.359 second the 01:37:03.359 --> 01:37:08.640 motion. Okay we have a first and a second any discussion? 01:37:08.640 --> 01:37:10.880 Seeing none we'll call 01:37:10.880 --> 01:37:13.680 for a vote on the board. 01:37:22.279 --> 01:37:28.159 Motion carries 6 to 0. We'll move us to our public hearings 01:37:28.159 --> 01:37:31.479 section of our 01:37:31.479 --> 01:37:36.760 meeting this evening. The first item that was on our agenda 01:37:36.760 --> 01:37:39.439 tonight fr 16 - 0 0 1 01:37:39.439 --> 01:37:39.439 0 has been withdrawn so we will now move to our second 01:37:39.439 --> 01:37:45.239 public hearing and I've 01:37:45.239 --> 01:37:45.239 got a couple announcements before we open this meeting or 01:37:45.239 --> 01:37:50.520 public hearing I 01:37:50.520 --> 01:37:54.020 should say. During our work session there's a number of 01:37:54.020 --> 01:37:55.000 items that we've 01:37:55.000 --> 01:37:58.420 discovered in our ordinance that we are going to need to 01:37:58.420 --> 01:37:59.800 address before we can 01:37:59.800 --> 01:38:05.340 move it forward for a vote. So at this time the chair is 01:38:05.340 --> 01:38:06.479 going to look for a 01:38:06.479 --> 01:38:10.979 motion for a continuance and the second announcement I want 01:38:10.979 --> 01:38:12.760 to make in regards 01:38:12.760 --> 01:38:18.100 to that is the standard protocol of the city is once you 01:38:18.100 --> 01:38:20.079 come up to speak in a 01:38:20.079 --> 01:38:23.569 public hearing you have one opportunity and only to do that 01:38:23.569 --> 01:38:24.920 . So we're also going 01:38:24.920 --> 01:38:27.430 to be looking for a motion to suspend our rules because 01:38:27.430 --> 01:38:28.439 this is an important 01:38:28.439 --> 01:38:31.289 item and we are interested in all of the stakeholders 01:38:31.289 --> 01:38:32.640 having an opportunity to 01:38:32.640 --> 01:38:36.250 not only give us additional feedback and input tonight but 01:38:36.250 --> 01:38:37.359 as we work on this 01:38:37.359 --> 01:38:40.449 ordinance probably at least one or two more work sessions 01:38:40.449 --> 01:38:41.199 we're going to invite 01:38:41.199 --> 01:38:44.350 you all to come and continue to participate in that but we 01:38:44.350 --> 01:38:45.119 want to make 01:38:45.119 --> 01:38:47.649 sure that all of our residents and all of our stakeholders 01:38:47.649 --> 01:38:48.640 have an opportunity 01:38:48.640 --> 01:38:53.090 as we revise and get this ordinance in a fashion to move 01:38:53.090 --> 01:38:54.840 forward to City Council 01:38:54.840 --> 01:38:58.069 that you have the opportunity to come back as a second 01:38:58.069 --> 01:38:59.479 opportunity to speak 01:38:59.479 --> 01:39:02.789 again on the final draft of the ordinance. So I want to 01:39:02.789 --> 01:39:03.359 make that 01:39:03.359 --> 01:39:05.409 announcement to everyone here this evening and for those 01:39:05.409 --> 01:39:06.399 that are watching 01:39:06.399 --> 01:39:09.439 those will be the two things that we will look for a motion 01:39:09.439 --> 01:39:10.119 on here in a 01:39:10.119 --> 01:39:13.229 minute and then we will open the public hearing and invite 01:39:13.229 --> 01:39:14.399 anyone that wants to 01:39:14.399 --> 01:39:19.159 come down to speak. So at this time the chair will look for 01:39:19.159 --> 01:39:20.199 a motion for 01:39:20.199 --> 01:39:23.909 continuance. Do we do those as two separate a separate 01:39:23.909 --> 01:39:24.720 motion for each of 01:39:24.720 --> 01:39:28.279 those items? Commissioner Beck. I move that we issue 01:39:28.279 --> 01:39:30.640 continuance on agenda item 01:39:30.640 --> 01:39:35.479 DCA 16001C. Okay and a clarification from the chair I 01:39:35.479 --> 01:39:37.560 should have stated in my 01:39:37.560 --> 01:39:41.010 announcement I think it's appropriate probably at this time 01:39:41.010 --> 01:39:42.239 based on where we 01:39:42.239 --> 01:39:44.909 are that we do it indefinitely rather than a date certain 01:39:44.909 --> 01:39:46.000 because we don't 01:39:46.000 --> 01:39:51.529 have how much time it's gonna take to get this revised so 01:39:51.529 --> 01:39:52.800 would you entertain 01:39:52.800 --> 01:39:56.880 that as a friendly amendment to your motion? I do. Okay. 01:39:56.880 --> 01:39:58.159 Commissioner Dudowitz. 01:39:58.159 --> 01:40:03.840 I second the motion as amended. Okay. I have a first and a 01:40:03.840 --> 01:40:04.920 second to continue 01:40:04.920 --> 01:40:08.970 this item indefinitely. Any discussion or comment at this 01:40:08.970 --> 01:40:12.079 time? Seeing none 01:40:12.079 --> 01:40:15.239 I'll call for a vote on the board. 01:40:26.479 --> 01:40:31.729 Motion carries six to zero. Commissioner Dudowitz. I now 01:40:31.729 --> 01:40:33.520 move that we suspend the 01:40:33.520 --> 01:40:39.130 rules to allow citizens secondary and multiple options to 01:40:39.130 --> 01:40:40.520 to speak on behalf 01:40:40.520 --> 01:40:45.939 the continuance on this particular item when it comes back. 01:40:45.939 --> 01:40:46.079 Okay. 01:40:55.920 --> 01:40:57.300 Got a recommendation from staff that we clarify in this 01:40:57.300 --> 01:41:00.600 motion that you would 01:41:00.600 --> 01:41:03.789 have since we're spending the rules tonight it would be up 01:41:03.789 --> 01:41:05.159 for two times so 01:41:05.159 --> 01:41:07.359 that would have an opportunity to speak tonight and when 01:41:07.359 --> 01:41:08.159 this comes back for 01:41:08.159 --> 01:41:10.979 public hearing we'd have a second opportunity to speak 01:41:10.979 --> 01:41:11.880 rather than it's 01:41:11.880 --> 01:41:17.300 open-ended. Question. Chair. What happens if it continues 01:41:17.300 --> 01:41:18.920 beyond that? We can 01:41:18.920 --> 01:41:21.680 always suspend the rules if necessary again but since we're 01:41:21.680 --> 01:41:22.279 looking for 01:41:22.279 --> 01:41:25.239 hopefully maybe we're being optimistic that we can do this 01:41:25.239 --> 01:41:26.199 and come back once 01:41:26.199 --> 01:41:29.560 what we'll stick with two times for tonight if you're okay 01:41:29.560 --> 01:41:30.680 with that. Yes I am. 01:41:30.680 --> 01:41:35.989 Okay. Commissioner Hutsmith. Second. Okay. We have a first 01:41:35.989 --> 01:41:37.119 and a second to suspend 01:41:37.119 --> 01:41:41.350 our rules for this particular agenda item to speak a total 01:41:41.350 --> 01:41:42.239 of two times 01:41:42.239 --> 01:41:45.960 tonight and at a date in the future when this comes back. 01:41:45.960 --> 01:41:47.760 Any discussion or 01:41:47.760 --> 01:41:53.350 comment further comment on this item? We will keep a... 01:41:53.350 --> 01:41:54.720 Commissioner Dudowitz. We'll keep a 01:41:54.720 --> 01:41:58.829 list of then who's eligible for a second. I'm sure staff 01:41:58.829 --> 01:42:00.800 will do that yes. 01:42:01.239 --> 01:42:06.060 Seeing no further discussion on this this motion I'll call 01:42:06.060 --> 01:42:06.640 for a vote on the 01:42:06.640 --> 01:42:08.640 board. 01:42:15.960 --> 01:42:22.409 Motion carries six to zero. Okay. I hope everybody got that 01:42:22.409 --> 01:42:23.439 if we have a question 01:42:23.439 --> 01:42:28.119 we'll come back. Now at this time I'm going to open our 01:42:28.119 --> 01:42:30.159 public hearing for our 01:42:30.159 --> 01:42:40.079 item B DCA 16-0001 and I've got... 01:42:42.680 --> 01:42:45.449 I'm gonna call on staff to go ahead and make the 01:42:45.449 --> 01:42:48.600 presentation for all to view 01:42:48.600 --> 01:42:52.369 and then we will begin to we've got a number of cards here 01:42:52.369 --> 01:42:53.479 to go through this 01:42:53.479 --> 01:43:01.159 evening. Thank you Haywood. Just for the benefit of those 01:43:01.159 --> 01:43:02.279 at home who may have 01:43:02.279 --> 01:43:05.029 not been tuned in earlier my name is Haywood Morgan. I'm 01:43:05.029 --> 01:43:05.920 the urban forester 01:43:05.920 --> 01:43:10.359 for the city of Denton. I have approximately 18 years 01:43:10.359 --> 01:43:12.079 experience primarily 01:43:12.079 --> 01:43:17.439 working for municipalities. Prior to coming to Denton my 01:43:17.439 --> 01:43:17.600 two 01:43:17.600 --> 01:43:21.520 stops had me actually working with field operations 01:43:21.520 --> 01:43:23.399 directly where I was 01:43:23.399 --> 01:43:26.359 responsible or responsible in part with some of my 01:43:26.359 --> 01:43:28.199 colleagues for managing trees 01:43:28.199 --> 01:43:34.779 along streets in parks along boulevards and parkways. So 01:43:34.779 --> 01:43:37.479 tonight we're here to 01:43:37.479 --> 01:43:40.840 hold a public hearing to consider making a recommendation 01:43:40.840 --> 01:43:41.800 to City Council 01:43:41.800 --> 01:43:44.970 regarding the adoption of an ordinance to the city of Dent 01:43:44.970 --> 01:43:46.640 on Texas amending 01:43:46.640 --> 01:43:53.439 subchapter 35.3 procedures subchapter 35.13 site design 01:43:53.439 --> 01:43:55.640 standards and subchapter 01:43:55.640 --> 01:44:00.279 35.23 definitions and terms of the Denton development code 01:44:00.279 --> 01:44:02.159 as relates to true 01:44:02.159 --> 01:44:06.550 preservation and landscape requirements. So what is the 01:44:06.550 --> 01:44:08.000 tree code when we talk 01:44:08.000 --> 01:44:11.069 about the tree code? The tree code deals with the 01:44:11.069 --> 01:44:13.399 preservation of existing trees 01:44:13.399 --> 01:44:17.319 and mitigation of trees removed when preservation goals 01:44:17.319 --> 01:44:18.880 cannot be met. It 01:44:18.880 --> 01:44:24.029 applies to the city limits and not in the ETJ. So why do we 01:44:24.029 --> 01:44:26.159 preserve trees? Well we 01:44:26.159 --> 01:44:28.949 know that there are environmental benefits that are 01:44:28.949 --> 01:44:30.199 associated with trees. 01:44:30.199 --> 01:44:35.350 Soil quality is improved, wildlife habitat, the beauty, 01:44:35.350 --> 01:44:36.760 local climate 01:44:36.760 --> 01:44:40.739 modifications, air quality, carbon sequestration, they help 01:44:40.739 --> 01:44:41.640 to stop erosion, 01:44:41.640 --> 01:44:46.960 reduce flooding, and filter water pollution and and abate 01:44:46.960 --> 01:44:48.960 noise. There are 01:44:48.960 --> 01:44:53.090 also a number of health benefits that are associated with 01:44:53.090 --> 01:44:54.800 trees such as boost 01:44:54.800 --> 01:44:58.479 immune systems, lowering blood pressure, reducing stress, 01:44:58.479 --> 01:45:00.479 improving mood, speeding 01:45:00.479 --> 01:45:04.399 recovery after surgeries, increasing energy levels, and 01:45:04.399 --> 01:45:05.520 improving sleep. 01:45:05.520 --> 01:45:09.289 There's a recent study that shows that ten additional trees 01:45:09.289 --> 01:45:10.319 planted along a 01:45:10.319 --> 01:45:14.250 city block makes residents healthier by the same amount of 01:45:14.250 --> 01:45:16.439 raising their income 01:45:16.439 --> 01:45:21.960 $10,000 per year per household. That same study found that 01:45:21.960 --> 01:45:23.199 that addition of ten 01:45:23.199 --> 01:45:30.479 trees per city block decreased cardio metabolic conditions 01:45:30.479 --> 01:45:31.640 in a way 01:45:31.640 --> 01:45:35.460 comparable to increasing the annual income, personal income 01:45:35.460 --> 01:45:38.720 , by $20,000. 01:45:40.319 --> 01:45:43.890 So we also look at economic viability. You see this is one 01:45:43.890 --> 01:45:44.880 of our local 01:45:44.880 --> 01:45:48.739 establishments. It's a hotel that was developed and they 01:45:48.739 --> 01:45:49.840 were able to, as you 01:45:49.840 --> 01:45:52.979 see here, they were able to successfully preserve some 01:45:52.979 --> 01:45:54.479 groupings of mature trees 01:45:54.479 --> 01:45:59.159 on this site and have their development goals reached. It's 01:45:59.159 --> 01:46:00.520 hard to see on this 01:46:00.520 --> 01:46:02.859 picture but there's a sign at this corner that this is one 01:46:02.859 --> 01:46:03.399 of Ditten's 01:46:03.399 --> 01:46:10.760 best of 2016. Let me back up one second here. When you talk 01:46:10.760 --> 01:46:12.039 about economic 01:46:12.039 --> 01:46:16.210 viability, it's been proven that the trees can help reduce 01:46:16.210 --> 01:46:17.119 heating and AC 01:46:17.119 --> 01:46:24.000 costs by up to 40% for properties. Shoppers are willing to 01:46:24.000 --> 01:46:24.960 pay up to 12% 01:46:24.960 --> 01:46:29.399 more for goods and services and shopping areas that have 01:46:29.399 --> 01:46:30.800 trees and mature trees 01:46:30.800 --> 01:46:35.029 on their site. In fact, they even rate products higher in 01:46:35.029 --> 01:46:35.760 those shopping 01:46:35.760 --> 01:46:39.550 centers that have mature trees present on their site versus 01:46:39.550 --> 01:46:40.520 sites that are 01:46:40.520 --> 01:46:48.060 devoid of trees. Home values have also been shown to be 40, 01:46:48.060 --> 01:46:49.600 excuse me, 4 to 15% 01:46:49.600 --> 01:46:53.840 higher in neighborhoods that have mature trees versus 01:46:53.840 --> 01:46:55.119 neighborhoods that do not 01:46:55.119 --> 01:46:58.359 have mature trees. It is very true that there is no 01:46:58.359 --> 01:47:00.520 assessment when the bank 01:47:00.520 --> 01:47:03.380 sends out an appraiser to look at a house and to appraise a 01:47:03.380 --> 01:47:04.239 house for your 01:47:04.239 --> 01:47:09.279 home mortgage. But what the studies are looking at is the 01:47:09.279 --> 01:47:09.880 individual's 01:47:09.880 --> 01:47:13.619 desire to live in that neighborhood based on the presence 01:47:13.619 --> 01:47:15.560 of mature trees. So 01:47:15.560 --> 01:47:19.239 they're willing to spend more because of the mature trees. 01:47:19.239 --> 01:47:20.119 So when you have a 01:47:20.119 --> 01:47:23.920 neighborhood that has mature trees, the home values because 01:47:23.920 --> 01:47:24.880 someone is willing 01:47:24.880 --> 01:47:27.909 to pay more tend to be higher than those neighborhoods that 01:47:27.909 --> 01:47:28.960 are devoid of trees. 01:47:28.960 --> 01:47:32.250 You know it's often said that a house or anything for that 01:47:32.250 --> 01:47:33.479 matter is worth what 01:47:33.479 --> 01:47:35.970 someone is willing to pay for it. Well studies have shown 01:47:35.970 --> 01:47:36.640 that people are 01:47:36.640 --> 01:47:40.739 willing to pay more when there are mature trees in our 01:47:40.739 --> 01:47:42.319 neighborhoods. 01:47:43.439 --> 01:47:49.479 Okay, public demand. The Denton Tree Code came about 01:47:49.479 --> 01:47:51.479 because of public demand going 01:47:51.479 --> 01:47:55.710 back to 2003 with the development or redevelopment, should 01:47:55.710 --> 01:47:56.800 I say, of the Flow 01:47:56.800 --> 01:47:59.630 Hospital site. There were a number of large mature oak 01:47:59.630 --> 01:48:01.279 trees on the site that 01:48:01.279 --> 01:48:06.119 were removed with this development that spurred the public 01:48:06.119 --> 01:48:07.239 demand to have a 01:48:07.239 --> 01:48:11.329 tree code. The article that I have pictured here, the 01:48:11.329 --> 01:48:12.500 caption and the 01:48:12.500 --> 01:48:16.579 picture, is actually from just last Friday's Denton Record 01:48:16.579 --> 01:48:18.560 Chronicle. People 01:48:18.560 --> 01:48:20.739 are still interested in trees. They're still interested in 01:48:20.739 --> 01:48:22.840 preserving trees in 01:48:22.840 --> 01:48:29.560 our cities. Okay, we also look at the benefit that trees 01:48:29.560 --> 01:48:31.800 have on reducing the 01:48:31.800 --> 01:48:36.119 urban heat island effect. Studies have shown that in cities 01:48:36.119 --> 01:48:37.279 that are devoid of 01:48:37.279 --> 01:48:40.060 trees that ground level temperatures and surface 01:48:40.060 --> 01:48:42.079 temperatures are higher. There's 01:48:42.079 --> 01:48:45.729 an absorption of heat during the daytime that is released 01:48:45.729 --> 01:48:46.880 at night so you have an 01:48:46.880 --> 01:48:49.369 increase in your not only your daytime temperatures but 01:48:49.369 --> 01:48:50.119 your nighttime 01:48:50.119 --> 01:48:53.680 temperatures. The presence of trees in our urban areas 01:48:53.680 --> 01:48:55.000 helps to reduce that 01:48:55.000 --> 01:49:00.689 effect in our urban areas. And of course we look at the 01:49:00.689 --> 01:49:03.279 aesthetics of trees. So 01:49:03.279 --> 01:49:08.590 who is affected? Those that are affected by the tree code 01:49:08.590 --> 01:49:10.239 here in Denton are, you 01:49:10.239 --> 01:49:13.810 know, property owners and residents, developers, and other 01:49:13.810 --> 01:49:14.920 interested groups 01:49:14.920 --> 01:49:26.569 such as KDB, Native Plant Society, UNT, TWU. So let me go 01:49:26.569 --> 01:49:29.159 to our project timeline here. 01:49:29.159 --> 01:49:33.869 So this is a picture of the Flow Hospital site prior to, 01:49:33.869 --> 01:49:35.439 well actually it's a 01:49:35.439 --> 01:49:37.479 historic photo. You can tell it's black and white. It's a 01:49:37.479 --> 01:49:38.119 little distorted 01:49:38.119 --> 01:49:41.359 because I stretched it to fit the screen, but as you can 01:49:41.359 --> 01:49:42.760 see there was quite a 01:49:42.760 --> 01:49:46.569 number of large mature trees on this site here. You know 01:49:46.569 --> 01:49:47.359 the site was 01:49:47.359 --> 01:49:54.760 redeveloped in 2003 for student housing. So that was again 01:49:54.760 --> 01:49:57.279 Flow Hospital 2003. In 01:49:57.279 --> 01:50:01.510 2004 the city passed its first tree preservation 01:50:01.510 --> 01:50:04.720 requirements. 2005 to 2008 01:50:04.720 --> 01:50:11.149 the tree code was reviewed for updates. 2008 the city hired 01:50:11.149 --> 01:50:12.159 its first urban 01:50:12.159 --> 01:50:18.119 forester. And 2014 to present is the current effort to 01:50:18.119 --> 01:50:21.640 revise the tree code. 01:50:21.720 --> 01:50:25.229 So when we look at our, when we looked at the current state 01:50:25.229 --> 01:50:26.319 of our code we found 01:50:26.319 --> 01:50:31.020 that there were too many variables. There's actually 36 or 01:50:31.020 --> 01:50:32.380 39 different 01:50:32.380 --> 01:50:36.609 scenarios for preservation under the current code. We found 01:50:36.609 --> 01:50:37.880 that it there was 01:50:37.880 --> 01:50:41.930 no flexibility and there was no incentive to save large 01:50:41.930 --> 01:50:43.239 trees. In fact 01:50:43.239 --> 01:50:47.130 under our current code if you're developing a property that 01:50:47.130 --> 01:50:47.840 has a tree 01:50:47.840 --> 01:50:50.850 that's larger than 18 inches you can remove it. There isn't 01:50:50.850 --> 01:50:51.680 a requirement to 01:50:51.680 --> 01:50:54.130 preserve any tree that's larger than 18 inches. You can 01:50:54.130 --> 01:50:55.500 remove it and simply pay 01:50:55.500 --> 01:50:58.460 a mitigation fee into the city's tree fund or mitigate 01:50:58.460 --> 01:50:59.680 through replanting 01:50:59.680 --> 01:51:06.470 additional trees on site. So here are some examples of what 01:51:06.470 --> 01:51:07.399 we see with our 01:51:07.399 --> 01:51:10.270 current code. So here's an example and these are some some 01:51:10.270 --> 01:51:11.199 good examples of 01:51:11.199 --> 01:51:16.520 sites being developed and large trees being preserved while 01:51:16.520 --> 01:51:18.520 developing sites. 01:51:18.520 --> 01:51:22.539 Here's another, this is just another view of that same 01:51:22.539 --> 01:51:24.560 local hotel and here's one 01:51:24.560 --> 01:51:28.609 of a student housing development where there was, they were 01:51:28.609 --> 01:51:29.920 able to preserve a 01:51:29.920 --> 01:51:34.199 large tree at that site. So you can preserve trees and 01:51:34.199 --> 01:51:35.239 realize your 01:51:35.239 --> 01:51:39.659 development goals. It's not, they're not exclusive of one 01:51:39.659 --> 01:51:43.920 another. Now here I'll 01:51:43.920 --> 01:51:48.810 continue on with current state examples. This is a parcel 01:51:48.810 --> 01:51:49.680 in the city of 01:51:49.680 --> 01:51:54.000 the city of Devent, excuse me, in the city of Denton prior 01:51:54.000 --> 01:51:56.560 to development. Okay so 01:51:56.560 --> 01:51:59.569 as you can see you know it's not a hundred percent covered 01:51:59.569 --> 01:52:00.439 with trees but 01:52:00.439 --> 01:52:07.640 there's quite a few trees along this site. This is the site 01:52:07.640 --> 01:52:08.960 during the 01:52:08.960 --> 01:52:13.340 development. It's about halfway there by this aerial. I 01:52:13.340 --> 01:52:14.760 mean they're there actually 01:52:14.760 --> 01:52:18.680 in real life they're finishing up the last phases of this 01:52:18.680 --> 01:52:19.960 process but as you 01:52:19.960 --> 01:52:22.680 can see this is a residential development. This is what we 01:52:22.680 --> 01:52:23.439 call an NR6 01:52:23.439 --> 01:52:28.039 development or six houses allowed per acre. The trees that 01:52:28.039 --> 01:52:29.319 were preserved and 01:52:29.319 --> 01:52:33.479 met the tree code was this section right here was kind of a 01:52:33.479 --> 01:52:34.319 little pocket park 01:52:34.319 --> 01:52:40.020 and a few trees along this side here. Other than that 01:52:40.020 --> 01:52:41.279 everything else on this 01:52:41.279 --> 01:52:45.399 site was removed. Now in our discussions with some 01:52:45.399 --> 01:52:47.359 stakeholders it was brought up 01:52:47.359 --> 01:52:52.510 that maybe we should consider exempting right of ways and 01:52:52.510 --> 01:52:54.739 building pads from the 01:52:54.739 --> 01:52:58.439 tree code. Well if you can if you look at this example here 01:52:58.439 --> 01:52:59.880 and this is an NR6 01:52:59.880 --> 01:53:01.840 development which is pretty much the majority of 01:53:01.840 --> 01:53:02.960 residential development 01:53:02.960 --> 01:53:08.159 going on currently in Denton, if you exempt those things 01:53:08.159 --> 01:53:09.600 what are we left? 01:53:09.600 --> 01:53:12.529 What are we left to preserve here? I mean that's that's 01:53:12.529 --> 01:53:13.640 pretty much the majority 01:53:13.640 --> 01:53:25.119 of the site. So let's review kind of our method for coming 01:53:25.119 --> 01:53:27.159 to our recommendations 01:53:27.159 --> 01:53:31.979 here. We analyze the current tree code. We looked at best 01:53:31.979 --> 01:53:33.479 management practices 01:53:33.479 --> 01:53:36.960 as set forth by the American National Standards Institute 01:53:36.960 --> 01:53:38.159 which is a national 01:53:38.159 --> 01:53:42.970 recognized organization. They set standards for many things 01:53:42.970 --> 01:53:43.920 . So we use 01:53:43.920 --> 01:53:47.479 those as kind of our guiding principles for how we would 01:53:47.479 --> 01:53:48.640 like to see trees 01:53:48.640 --> 01:53:54.140 preserved here in Denton. We also did a benchmark city 01:53:54.140 --> 01:53:56.720 comparison. As you notice 01:53:56.720 --> 01:54:00.520 the map here you know we didn't just look at trees in DFW 01:54:00.520 --> 01:54:01.960 because you know we 01:54:01.960 --> 01:54:06.050 aren't just competing for business and for residents with 01:54:06.050 --> 01:54:07.560 you know other cities 01:54:07.560 --> 01:54:13.520 in DFW. We're competing with the area of Austin San Antonio 01:54:13.520 --> 01:54:15.439 down here the Houston 01:54:15.439 --> 01:54:18.470 area. We're competing really statewide when businesses are 01:54:18.470 --> 01:54:19.520 looking to move into 01:54:19.520 --> 01:54:23.399 Texas when they're looking to where they want to relocate 01:54:23.399 --> 01:54:25.119 to. So we felt that it 01:54:25.119 --> 01:54:30.090 was important to you know look at benchmarks throughout the 01:54:30.090 --> 01:54:31.399 state. We also 01:54:31.399 --> 01:54:38.399 had community input via a visual preference survey and this 01:54:38.399 --> 01:54:39.000 is you know 01:54:39.000 --> 01:54:42.640 just one of the slides that you know we asked residents to 01:54:42.640 --> 01:54:43.600 simply give a 01:54:43.600 --> 01:54:46.100 preference on what they liked and you know there were some 01:54:46.100 --> 01:54:47.000 people that picked 01:54:47.000 --> 01:54:51.060 A, some picked B, some picked C, but the majority of the 01:54:51.060 --> 01:54:53.760 people picked 01:54:53.760 --> 01:54:59.899 the sites that depicted residential areas that had trees in 01:54:59.899 --> 01:55:01.800 them. We did a 01:55:01.800 --> 01:55:04.840 little bit more about the visual preference. We did in- 01:55:04.840 --> 01:55:06.640 person surveys at 01:55:06.640 --> 01:55:10.159 the three local Kroger locations. We were at the local 01:55:10.159 --> 01:55:11.760 library and several of the 01:55:11.760 --> 01:55:15.180 recreation centers. We received 300 respondents through 01:55:15.180 --> 01:55:16.079 those in-person 01:55:16.079 --> 01:55:20.100 surveys and we also conducted the same survey online and 01:55:20.100 --> 01:55:21.439 received an additional 01:55:21.439 --> 01:55:29.630 700 plus respondents. So when we talk about aligning with 01:55:29.630 --> 01:55:31.479 industry best 01:55:31.479 --> 01:55:34.760 managers practice again American National Standards 01:55:34.760 --> 01:55:39.119 Institute, TCIA, they are 01:55:39.119 --> 01:55:41.710 the people that that publish this information and it's 01:55:41.710 --> 01:55:42.399 really put together 01:55:42.399 --> 01:55:50.399 by leaders in the field of tree care and tree management. 01:55:50.399 --> 01:55:53.000 So we're also proposing 01:55:53.000 --> 01:55:55.899 that we have an exempt tree list and you may say why do we 01:55:55.899 --> 01:55:56.920 want to exempt any 01:55:56.920 --> 01:56:00.510 tree from preservation? Aren't all trees good? Don't they 01:56:00.510 --> 01:56:01.680 all provide benefits? 01:56:01.680 --> 01:56:05.159 Well that is true. However there are some trees because of 01:56:05.159 --> 01:56:06.000 their physical 01:56:06.000 --> 01:56:10.050 characteristics are less desirable in a landscape situation 01:56:10.050 --> 01:56:12.199 . So here we have you 01:56:12.199 --> 01:56:16.449 know a mesquite which is on our list of current trees as a 01:56:16.449 --> 01:56:19.000 secondary tree. This 01:56:19.000 --> 01:56:24.449 tree based on industry measurements is actually categorized 01:56:24.449 --> 01:56:25.520 as a large 01:56:25.520 --> 01:56:28.869 secondary tree meaning a tree that's 18 inches in diameter 01:56:28.869 --> 01:56:29.920 above but if you see 01:56:29.920 --> 01:56:33.010 the picture and most mesquites they're really you know 01:56:33.010 --> 01:56:34.319 quite a large shrub as 01:56:34.319 --> 01:56:37.199 they grow here in Denton. If you get further in the 01:56:37.199 --> 01:56:38.479 southern part of the state 01:56:38.479 --> 01:56:42.760 they develop into a you know a larger tree but here we're 01:56:42.760 --> 01:56:43.579 dealing with what we 01:56:43.579 --> 01:56:47.119 have locally. So the other reason when you look at mesquite 01:56:47.119 --> 01:56:48.319 you know it has 01:56:48.319 --> 01:56:52.930 thorns that can be quite painful. There were some pictures 01:56:52.930 --> 01:56:54.119 when I was pulling 01:56:54.119 --> 01:56:58.359 these off line that you know but not for the faint of heart 01:56:58.359 --> 01:56:59.399 just that the effect 01:56:59.399 --> 01:57:03.420 that you know had just from you know being poked with one 01:57:03.420 --> 01:57:05.659 of these thorns. They 01:57:05.659 --> 01:57:08.850 flatten tires I've experienced that personally with my city 01:57:08.850 --> 01:57:09.600 vehicle here 01:57:09.600 --> 01:57:14.109 going on to a job site and you know that had a had a mesqu 01:57:14.109 --> 01:57:15.960 ite thorn that poked a 01:57:15.960 --> 01:57:21.579 hole in the tire. So we also look at another example is the 01:57:21.579 --> 01:57:23.479 honey locust you 01:57:23.479 --> 01:57:27.119 know again on the surface nice looking tree this isn't 01:57:27.119 --> 01:57:27.920 actually the thorn 01:57:27.920 --> 01:57:32.239 variety this is a cultivar that is thornless but the thorn 01:57:32.239 --> 01:57:32.960 variety the 01:57:32.960 --> 01:57:36.270 ones that we have you know growing naturally here have th 01:57:36.270 --> 01:57:37.279 orns you can see 01:57:37.279 --> 01:57:39.810 that's like about a six inch thorn those are not things 01:57:39.810 --> 01:57:41.159 that you want in your 01:57:41.159 --> 01:57:44.890 backyard landscape you know and it's not just on the leaves 01:57:44.890 --> 01:57:46.159 but it's also on the 01:57:46.159 --> 01:57:55.069 trunk. Okay we also looked at the Texas Ash you know I said 01:57:55.069 --> 01:57:55.800 wait a minute Texas 01:57:55.800 --> 01:57:58.729 Ash that's a nice tree that's a tree that you know was on 01:57:58.729 --> 01:58:00.319 our list to plant 01:58:00.319 --> 01:58:04.470 but one thing that that has occurred here I think 01:58:04.470 --> 01:58:05.960 approximately ten years ago 01:58:05.960 --> 01:58:09.270 there was a bug called emerald ash borer that is an 01:58:09.270 --> 01:58:11.359 invasive pest came from China 01:58:11.359 --> 01:58:15.899 it attacks ash trees exclusively. Now the peculiar thing 01:58:15.899 --> 01:58:17.359 about this bug you see 01:58:17.359 --> 01:58:21.380 is quite tiny they start at the top of the tree so by the 01:58:21.380 --> 01:58:23.159 time you realize that 01:58:23.159 --> 01:58:26.619 your tree is infested it's really too late there's very 01:58:26.619 --> 01:58:28.159 little you can do once 01:58:28.159 --> 01:58:31.729 you know the you actually notice usually once you see it 01:58:31.729 --> 01:58:33.439 the infestation is four 01:58:33.439 --> 01:58:39.960 or five years old. Now our idea of leaving that off the 01:58:39.960 --> 01:58:41.199 list and emerald 01:58:41.199 --> 01:58:44.800 ash borer has been identified positively in traps in the 01:58:44.800 --> 01:58:47.960 state of Texas closer to 01:58:47.960 --> 01:58:51.920 the Louisiana border eastern Texas that's less than 300 01:58:51.920 --> 01:58:52.760 miles away from 01:58:52.760 --> 01:58:56.140 where we are it's not a matter of if it will get here it's 01:58:56.140 --> 01:58:56.880 a matter of when it 01:58:56.880 --> 01:59:01.119 will get here if it's not already here. So the idea of 01:59:01.119 --> 01:59:03.720 exempting that was we 01:59:03.720 --> 01:59:07.489 don't want to preserve a tree that's going to cause long- 01:59:07.489 --> 01:59:08.640 term care in the 01:59:08.640 --> 01:59:12.229 future for the eventual property owner. The picture I have 01:59:12.229 --> 01:59:13.319 here is actually a 01:59:13.319 --> 01:59:16.239 friend of mine when I when I worked in Milwaukee they have 01:59:16.239 --> 01:59:17.760 an active ash 01:59:17.760 --> 01:59:22.659 injection program they inject their city ash trees on well 01:59:22.659 --> 01:59:24.199 when I was there was a 01:59:24.199 --> 01:59:26.609 two-year schedule they found that they can actually go 01:59:26.609 --> 01:59:27.920 three years so it's an 01:59:27.920 --> 01:59:32.149 ongoing maintenance process of treatment that you have to 01:59:32.149 --> 01:59:33.039 have if you're going to 01:59:33.039 --> 01:59:37.850 maintain that tree otherwise once it gets the bug it will 01:59:37.850 --> 01:59:41.640 die. So looking at 01:59:41.640 --> 01:59:45.310 exemptions to the tree code as a whole the current code has 01:59:45.310 --> 01:59:47.560 13 exemptions we 01:59:47.560 --> 01:59:51.050 reduce that to four some of the exemptions on the current 01:59:51.050 --> 01:59:52.199 code were you 01:59:52.199 --> 01:59:56.029 know really common-sense exemptions you're not held to the 01:59:56.029 --> 01:59:56.960 tree code if the 01:59:56.960 --> 02:00:00.600 tree is dead if the tree blew over in a storm we felt that 02:00:00.600 --> 02:00:01.319 it wasn't necessary 02:00:01.319 --> 02:00:06.039 to spell out you know things that are really you know 02:00:06.039 --> 02:00:07.619 common sense if someone 02:00:07.619 --> 02:00:10.560 calls in and says you know my tree is dead or blew over in 02:00:10.560 --> 02:00:11.359 a storm do I need a 02:00:11.359 --> 02:00:18.029 permit no you don't need a permit for that. So we also are 02:00:18.029 --> 02:00:20.720 looking to base our 02:00:20.720 --> 02:00:23.319 preservation requirements based on canopy versus the 02:00:23.319 --> 02:00:24.359 current code which is 02:00:24.359 --> 02:00:28.810 DBH and the the rationale to move to canopy as our measure 02:00:28.810 --> 02:00:30.039 is because the 02:00:30.039 --> 02:00:33.659 benefits that we derive from trees are all based on the 02:00:33.659 --> 02:00:34.960 canopy of the tree. 02:00:34.960 --> 02:00:39.380 Looking at the the DBH solely as as the determining factor 02:00:39.380 --> 02:00:40.279 can be very 02:00:40.279 --> 02:00:44.140 misleading it's very possible to have a tree that's 18 02:00:44.140 --> 02:00:45.359 inches in diameter that 02:00:45.359 --> 02:00:48.619 has a larger canopy than a tree that's 24 or 25 inches in 02:00:48.619 --> 02:00:50.119 diameter it all 02:00:50.119 --> 02:00:54.720 depends on the tree itself so when a developer is required 02:00:54.720 --> 02:00:55.920 to get the 02:00:55.920 --> 02:00:58.750 diameter of a tree as they currently are they have to send 02:00:58.750 --> 02:00:59.880 someone out there on 02:00:59.880 --> 02:01:03.239 the property and you know this this picture here is one I 02:01:03.239 --> 02:01:04.640 pulled online but 02:01:04.640 --> 02:01:07.930 you know this site here isn't bad to walk through there's 02:01:07.930 --> 02:01:09.000 some sites on this 02:01:09.000 --> 02:01:14.000 indentum that you can't just walk through to do you know an 02:01:14.000 --> 02:01:14.720 assessment as 02:01:14.720 --> 02:01:17.979 this this young lady is doing here but what it requires 02:01:17.979 --> 02:01:19.319 under the current code 02:01:19.319 --> 02:01:21.840 is to get a diameter of every tree on the property to 02:01:21.840 --> 02:01:22.760 essentially do an 02:01:22.760 --> 02:01:27.909 inventory of every tree on the site. So moving to canopy 02:01:27.909 --> 02:01:29.920 will allow us to look 02:01:29.920 --> 02:01:33.850 at area photographs and as you see here this is a site 02:01:33.850 --> 02:01:35.479 where you are able to 02:01:35.479 --> 02:01:39.819 actually use computer software ArcGIS or a similar program 02:01:39.819 --> 02:01:42.119 and draw out your 02:01:42.119 --> 02:01:45.880 perimeters of your treeed areas and let the computer 02:01:45.880 --> 02:01:47.680 calculate the canopy of 02:01:47.680 --> 02:01:50.779 what you have drawn out along of course with you going out 02:01:50.779 --> 02:01:51.680 in the field and 02:01:51.680 --> 02:01:54.649 verifying that okay this is actually these are actually 02:01:54.649 --> 02:01:55.720 trees it's not just 02:01:55.720 --> 02:01:59.359 privet which you know we tend to have a lot of here in 02:01:59.359 --> 02:02:01.159 Texas so you know we 02:02:01.159 --> 02:02:07.159 thought that going the canopy will allow for that analysis 02:02:07.159 --> 02:02:08.800 looking at looking at 02:02:08.800 --> 02:02:13.850 area photographs based on existing photographs or in the 02:02:13.850 --> 02:02:15.000 case as it was 02:02:15.000 --> 02:02:18.500 mentioned earlier in the work session drone technology is 02:02:18.500 --> 02:02:19.760 there that works in 02:02:19.760 --> 02:02:24.470 conjunction with ArcGIS where you can send a drone up and 02:02:24.470 --> 02:02:25.399 do your property and 02:02:25.399 --> 02:02:32.680 get the canopy on a specific site. Okay so we're also 02:02:32.680 --> 02:02:33.479 proposing that we 02:02:33.479 --> 02:02:38.039 establish a standard preservation amount of 30% per 02:02:38.039 --> 02:02:40.560 development. Under the current 02:02:40.560 --> 02:02:45.930 code your preservation is anywhere from 0 to 25% of the 02:02:45.930 --> 02:02:47.279 existing trees on the 02:02:47.279 --> 02:02:52.220 site based on either canopy if you can preserve by canopy 02:02:52.220 --> 02:02:53.399 but if you can't 02:02:53.399 --> 02:02:56.130 reach it by canopy then it's diameter-entral you have to do 02:02:56.130 --> 02:02:57.039 the 100% 02:02:57.039 --> 02:03:01.920 survey of the trees. So you may say well why 30% where's 02:03:01.920 --> 02:03:02.720 that number come from? 02:03:02.720 --> 02:03:08.170 Well we picked 30% and we've opted to use 30% as our 02:03:08.170 --> 02:03:10.119 parameter because it's in 02:03:10.119 --> 02:03:13.609 line with regional goals set by the Texas A&M Forest 02:03:13.609 --> 02:03:15.479 Service. The decisions 02:03:15.479 --> 02:03:18.449 that we've made in this we didn't just make them because we 02:03:18.449 --> 02:03:19.560 thought it would be 02:03:19.560 --> 02:03:24.369 good we have a rationale for why we're proposing what we're 02:03:24.369 --> 02:03:27.680 proposing. So we 02:03:27.680 --> 02:03:32.279 also talked about looking at proposing and establishing a 02:03:32.279 --> 02:03:34.119 flat mitigation ratio 02:03:34.119 --> 02:03:39.100 when preservation requirements cannot be met. So under the 02:03:39.100 --> 02:03:39.920 existing code 02:03:39.920 --> 02:03:43.840 and with what we're proposing of that 30% of the canopy 02:03:43.840 --> 02:03:44.399 that you are 02:03:44.399 --> 02:03:47.289 required to save on site if you can't meet that you can 02:03:47.289 --> 02:03:48.399 remove up to half of 02:03:48.399 --> 02:03:53.579 that. So essentially 15% of the canopy on site you can up 02:03:53.579 --> 02:03:55.039 to 15% you can remove 02:03:55.039 --> 02:03:58.850 and mitigate through either replanting trees on site or 02:03:58.850 --> 02:04:00.000 payment into the tree 02:04:00.000 --> 02:04:04.229 fund. The ratio comes into play only when you're looking at 02:04:04.229 --> 02:04:05.380 replanting trees on 02:04:05.380 --> 02:04:09.609 site. So essentially when you look at one diameter's worth 02:04:09.609 --> 02:04:10.800 of canopy that you're 02:04:10.800 --> 02:04:15.239 mitigating for you're planting trees that will at maturity 02:04:15.239 --> 02:04:17.840 have four times the 02:04:17.840 --> 02:04:20.789 diameter of what was replaced and you may say well why not 02:04:20.789 --> 02:04:21.640 just one for one? 02:04:21.640 --> 02:04:25.189 You know I've heard that question you know many times. Well 02:04:25.189 --> 02:04:26.319 for that one tree 02:04:26.319 --> 02:04:29.279 to replace the diameter of the one tree's worth of canopy 02:04:29.279 --> 02:04:31.020 that we replace it may 02:04:31.020 --> 02:04:34.939 take 40 years or more for that tree to reach that maturity 02:04:34.939 --> 02:04:36.880 stage. So by doing a 02:04:36.880 --> 02:04:39.819 one to four ratio planting four trees we're actually 02:04:39.819 --> 02:04:41.359 replacing that canopy and 02:04:41.359 --> 02:04:47.470 a fourth of the time that it would take otherwise. So we're 02:04:47.470 --> 02:04:50.119 also proposing based 02:04:50.119 --> 02:04:56.550 on going to the to looking at canopy versus DBH revising 02:04:56.550 --> 02:04:57.880 the calculation for 02:04:57.880 --> 02:05:00.619 the tree fund payments. So this is just a very basic 02:05:00.619 --> 02:05:02.079 example of what that looks 02:05:02.079 --> 02:05:07.350 like. So in this example if a site has a thousand square 02:05:07.350 --> 02:05:08.199 feet of canopy and these 02:05:08.199 --> 02:05:11.229 numbers are all in square feet. So if it has a thousand 02:05:11.229 --> 02:05:13.600 square feet of canopy your 02:05:13.600 --> 02:05:16.689 preservation requirement or really your preservation goal 02:05:16.689 --> 02:05:18.239 is 300 square feet of 02:05:18.239 --> 02:05:21.880 canopy. Okay the code allows you to remove half of that or 02:05:21.880 --> 02:05:23.960 150 square feet of 02:05:23.960 --> 02:05:29.439 that canopy. So to figure out your either your mitigation 02:05:29.439 --> 02:05:30.960 if you're planting back 02:05:30.960 --> 02:05:33.680 on the site if you're planting back on the site that's 02:05:33.680 --> 02:05:34.600 where your ratio comes 02:05:34.600 --> 02:05:38.960 into play. You would multiply that 150 times 4 you get 600 02:05:38.960 --> 02:05:40.279 that's the amount of 02:05:40.279 --> 02:05:43.819 canopy you would be replacing on the site. The mature 02:05:43.819 --> 02:05:45.840 canopy equivalent not 02:05:45.840 --> 02:05:48.920 the canopy of the tree that you're replacing because we 02:05:48.920 --> 02:05:49.520 know that you know 02:05:49.520 --> 02:05:52.420 though a three inch caliber tree doesn't have very much 02:05:52.420 --> 02:05:53.720 canopy. So if you're 02:05:53.720 --> 02:05:56.479 planting or if you're payment if you're making a payment 02:05:56.479 --> 02:05:57.439 into the tree fund 02:05:57.439 --> 02:06:01.000 you're going to take that 150 and you're going to times it 02:06:01.000 --> 02:06:02.119 by $1.50 02:06:02.119 --> 02:06:07.720 you say per square foot. So you say where that $4.50 per 02:06:07.720 --> 02:06:08.479 square foot come 02:06:08.479 --> 02:06:13.520 from? Well the City of Den is currently in the process of 02:06:13.520 --> 02:06:15.119 conducting an iTree 02:06:15.119 --> 02:06:19.760 eco-assessment and an urban tree canopy analysis. The 02:06:19.760 --> 02:06:21.119 combination of those two 02:06:21.119 --> 02:06:27.000 studies will give us the structural value of these trees in 02:06:27.000 --> 02:06:28.239 Denton and the 02:06:28.239 --> 02:06:31.689 software that's used is used industry-wide is actually used 02:06:31.689 --> 02:06:32.399 even 02:06:32.399 --> 02:06:37.000 internationally as the result of a collaboration of the US 02:06:37.000 --> 02:06:37.800 Forest Service 02:06:37.800 --> 02:06:41.949 and several private entities. It's an ongoing peer review 02:06:41.949 --> 02:06:43.199 software that's free 02:06:43.199 --> 02:06:50.039 to the public to use. You know the key contributor to that 02:06:50.039 --> 02:06:51.319 software has been 02:06:51.319 --> 02:06:55.239 researching his methodology and his algorithm for 30 years. 02:06:55.239 --> 02:06:56.159 Very well known, 02:06:56.159 --> 02:07:01.069 very well respected in that field. So back to that 450 once 02:07:01.069 --> 02:07:02.159 we get Denton 02:07:02.159 --> 02:07:06.079 structural value and we know that you know what the canopy 02:07:06.079 --> 02:07:06.840 percentage is of 02:07:06.840 --> 02:07:10.760 Denton I can put a dollar an actual dollar value of what a 02:07:10.760 --> 02:07:11.399 square foot of 02:07:11.399 --> 02:07:16.279 canopy is in Denton. The 450 is actually real close to what 02:07:16.279 --> 02:07:16.680 the City of 02:07:16.680 --> 02:07:21.829 Arlington's structure as canopy is worth based on a study 02:07:21.829 --> 02:07:23.159 they did several years 02:07:23.159 --> 02:07:31.069 ago. So we're also proposing in our revisions that all 02:07:31.069 --> 02:07:33.439 preserved trees and 02:07:33.439 --> 02:07:37.050 trees that are planted for mitigation count towards the 02:07:37.050 --> 02:07:38.359 landscape requirement. 02:07:38.359 --> 02:07:42.680 Under the current code preserved trees do not count unless 02:07:42.680 --> 02:07:44.199 they're preserved 02:07:44.199 --> 02:07:48.569 beyond the minimum requirement. So if you preserve you know 02:07:48.569 --> 02:07:50.039 however many you know 02:07:50.039 --> 02:07:53.039 diameters of the trees they don't count you get no credit 02:07:53.039 --> 02:07:54.319 if you're below if 02:07:54.319 --> 02:07:59.079 you're at or below the minimum requirement of preservation. 02:07:59.079 --> 02:08:00.000 As far as 02:08:00.000 --> 02:08:03.140 mitigation trees, mitigation trees under the current code 02:08:03.140 --> 02:08:04.239 are above and beyond 02:08:04.239 --> 02:08:08.529 any required landscape trees. So what we're proposing is to 02:08:08.529 --> 02:08:10.199 allow those trees 02:08:10.199 --> 02:08:13.350 that you're preserving and the trees that you're planning 02:08:13.350 --> 02:08:14.279 for mitigation if 02:08:14.279 --> 02:08:18.210 you have to mitigate to count towards your landscape canopy 02:08:18.210 --> 02:08:20.000 tree requirement. So 02:08:20.000 --> 02:08:24.229 just say for this example here this is a retail development 02:08:24.229 --> 02:08:26.319 if these trees were 02:08:26.319 --> 02:08:31.739 preserved and for this I let's just say these were trees 02:08:31.739 --> 02:08:33.239 that were large in 18 02:08:33.239 --> 02:08:35.989 inches. Well what we're categorizing as heritage trees 02:08:35.989 --> 02:08:37.640 under our new proposal. 02:08:37.640 --> 02:08:41.689 Heritage trees you would get actually two times the the 02:08:41.689 --> 02:08:43.119 credit of what the 02:08:43.119 --> 02:08:47.800 actual canopy is as an incentive to preserve larger trees. 02:08:47.800 --> 02:08:48.520 The remaining 02:08:48.520 --> 02:08:53.579 trees you'll get a one-to-one credit for preserved trees 02:08:53.579 --> 02:08:54.319 anything that's less 02:08:54.319 --> 02:08:57.529 than 18 inches and you know I've heard the thing well that 02:08:57.529 --> 02:08:59.119 's not enough credit 02:08:59.119 --> 02:09:02.289 to be an incentive. Well under the current code you get 02:09:02.289 --> 02:09:03.279 zero unless you 02:09:03.279 --> 02:09:09.069 preserve beyond the minimum. What we're proposing is really 02:09:09.069 --> 02:09:10.520 a 200% up to a 200% 02:09:10.520 --> 02:09:14.840 increase of what the current code allows. For as far as 02:09:14.840 --> 02:09:15.720 your trees 02:09:15.720 --> 02:09:18.840 planted for mitigation any required trees whether they are 02:09:18.840 --> 02:09:19.479 street trees, 02:09:19.479 --> 02:09:24.149 parking lot trees, those can now be mitigation trees also. 02:09:24.149 --> 02:09:25.079 They do not have 02:09:25.079 --> 02:09:27.689 the mitigation does not have to be above and beyond what 02:09:27.689 --> 02:09:29.000 the landscape code 02:09:29.000 --> 02:09:40.399 requires. So in summary we analyzed our existing code we 02:09:40.399 --> 02:09:42.159 conducted benchmark 02:09:42.159 --> 02:09:45.800 city analysis, we reviewed industry best management 02:09:45.800 --> 02:09:47.680 practices and we solicited 02:09:47.680 --> 02:09:53.100 stakeholder and community input. I'll stand for any 02:09:53.100 --> 02:09:55.880 questions. Commissioner 02:09:55.880 --> 02:10:02.239 Hutchins. I have one request for whenever in future 02:10:02.239 --> 02:10:03.119 presentations or the 02:10:03.119 --> 02:10:08.270 next presentation we see is there a way to build the slides 02:10:08.270 --> 02:10:10.920 where it shows 50% 02:10:10.920 --> 02:10:16.289 of the canopy and then a visual rendering of what 15% or 30 02:10:16.289 --> 02:10:17.239 % looks like 02:10:17.239 --> 02:10:20.130 on a particular just so I can get a visual of what those 02:10:20.130 --> 02:10:21.199 percentages to give 02:10:21.199 --> 02:10:28.399 them just to give it a so I can see what 15% 30% what that 02:10:28.399 --> 02:10:29.319 looks like you know so 02:10:29.319 --> 02:10:32.659 if you if you had a slide that then says here's a lot like 02:10:32.659 --> 02:10:33.920 that the last slide 02:10:33.920 --> 02:10:37.479 you had of the retail center and so in that retail center 02:10:37.479 --> 02:10:39.920 it says here's what 02:10:39.920 --> 02:10:43.699 30% looks like here's what 15% of that looks like that way 02:10:43.699 --> 02:10:44.920 I can get a get an 02:10:44.920 --> 02:10:47.439 idea I'd appreciate that. Okay I think we can probably 02:10:47.439 --> 02:10:50.560 accommodate that. 02:10:51.199 --> 02:10:54.960 Commissioner Back. Thank you chair and thanks Haywood for 02:10:54.960 --> 02:10:55.880 your presentation 02:10:55.880 --> 02:11:00.439 well done appreciate it. I'm glad this Commission decided 02:11:00.439 --> 02:11:01.479 to issue a 02:11:01.479 --> 02:11:04.159 continuous on this because there's a lot of questions here 02:11:04.159 --> 02:11:05.079 need to be answered and 02:11:05.079 --> 02:11:08.359 there's some concerns I like a lot of what I see in the 02:11:08.359 --> 02:11:09.760 revision but one big 02:11:09.760 --> 02:11:12.560 concern I have I'd appreciate it if you could address it 02:11:12.560 --> 02:11:13.560 for us tonight because 02:11:13.560 --> 02:11:16.390 I'm sure other members of the Commission do in the public 02:11:16.390 --> 02:11:17.000 as well but 02:11:17.000 --> 02:11:24.199 there is that part that allows city-owned utilities DME and 02:11:24.199 --> 02:11:24.920 street 02:11:24.920 --> 02:11:31.680 construction projects it eliminates any responsibility they 02:11:31.680 --> 02:11:32.319 have for that it 02:11:32.319 --> 02:11:35.520 seems like the responsibility of preserving trees should be 02:11:35.520 --> 02:11:36.079 built out 02:11:36.079 --> 02:11:40.609 equally and these agencies are being allowed to forego that 02:11:40.609 --> 02:11:41.600 so can you at 02:11:41.600 --> 02:11:45.529 least address that concern why that was considered part of 02:11:45.529 --> 02:11:46.720 your revision your 02:11:46.720 --> 02:11:51.039 tree code revision well under the current code some of 02:11:51.039 --> 02:11:51.680 those exemptions 02:11:51.680 --> 02:11:58.050 exist we actually reviewed that and you know we dialed it 02:11:58.050 --> 02:11:58.800 back some and they 02:11:58.800 --> 02:12:01.380 don't have total exemption on on those lists they have 02:12:01.380 --> 02:12:03.359 partial exemptions mainly 02:12:03.359 --> 02:12:07.100 on the preservation they're not exempt from the replanting 02:12:07.100 --> 02:12:08.500 part of it or you 02:12:08.500 --> 02:12:12.859 know the planting of street trees for the new streets per 02:12:12.859 --> 02:12:14.840 se but change is 02:12:14.840 --> 02:12:20.680 hard and you know there are some that you know we have to 02:12:20.680 --> 02:12:22.600 work with internally 02:12:22.600 --> 02:12:28.119 that are comfortable with the current standard okay but the 02:12:28.119 --> 02:12:29.399 way I read it is 02:12:29.399 --> 02:12:33.949 these agencies are totally exempt that there wasn't any lee 02:12:33.949 --> 02:12:35.279 way for them that if 02:12:35.279 --> 02:12:37.859 they were whatever they were designing whatever they were 02:12:37.859 --> 02:12:38.720 doing if a tree was 02:12:38.720 --> 02:12:42.489 in their way they wouldn't they would be allowed to remove 02:12:42.489 --> 02:12:43.399 it did I read that 02:12:43.399 --> 02:12:47.319 I'm gonna step in right quick I think staff wants to make a 02:12:47.319 --> 02:12:47.960 clarification 02:12:47.960 --> 02:12:50.079 kind of where we are on the ordinance and some of the rev 02:12:50.079 --> 02:12:50.960 isions to make sure 02:12:50.960 --> 02:12:56.109 we're all on the latest update on the ordinance okay yes 02:12:56.109 --> 02:12:57.279 thank you Jefferson 02:12:57.279 --> 02:13:00.180 strange Commissioner Beck one of the elements that we're 02:13:00.180 --> 02:13:01.000 reviewing as part of 02:13:01.000 --> 02:13:05.100 our our study and on and our analysis associated with the 02:13:05.100 --> 02:13:06.640 amended tree code or 02:13:06.640 --> 02:13:12.880 tree ordinance is to assess and evaluate how city programs 02:13:12.880 --> 02:13:14.680 or city projects play 02:13:14.680 --> 02:13:18.100 into the tree code and how what relationship they have to 02:13:18.100 --> 02:13:18.800 each other 02:13:18.800 --> 02:13:21.810 without compromising any statutory requirements associated 02:13:21.810 --> 02:13:22.479 with that and 02:13:22.479 --> 02:13:27.319 as a result if you recall we basically did an analysis 02:13:27.319 --> 02:13:29.079 today on what the tree 02:13:29.079 --> 02:13:32.329 code is what the intentions are what studies show prior to 02:13:32.329 --> 02:13:33.399 us looking at the 02:13:33.399 --> 02:13:36.729 ordinance and thus the continuance tonight or request for 02:13:36.729 --> 02:13:37.880 continuous okay 02:13:37.880 --> 02:13:43.300 but I'm right and therefore to assess in terms of what have 02:13:43.300 --> 02:13:44.600 we exempted in the 02:13:44.600 --> 02:13:47.800 ordinance what you're looking at is a draft ordinance okay 02:13:47.800 --> 02:13:49.119 and that's the 02:13:49.119 --> 02:13:51.210 ordinance that we had some concern with because there was 02:13:51.210 --> 02:13:52.279 some inconsistencies 02:13:52.279 --> 02:13:55.460 that we wanted to modify it just seemed like that concern 02:13:55.460 --> 02:13:56.600 need to be raised as 02:13:56.600 --> 02:14:00.960 we go forward so that person definitely so as we go forward 02:14:00.960 --> 02:14:01.680 and once we have a 02:14:01.680 --> 02:14:04.020 draft ordinance in fact what we're going to do I have sir 02:14:04.020 --> 02:14:04.800 is have separate 02:14:04.800 --> 02:14:08.210 workshops with yourselves to actually address each 02:14:08.210 --> 02:14:10.000 component of the tree code 02:14:10.000 --> 02:14:14.289 ordinance that will be discussed then itemizing each 02:14:14.289 --> 02:14:15.399 element as to 02:14:15.399 --> 02:14:23.060 applicability of the tree code great thank you thanks you 02:14:23.060 --> 02:14:24.159 have a follow-up 02:14:24.159 --> 02:14:29.439 commissioner back commissioner Roselle thank you chair 02:14:29.439 --> 02:14:31.479 thank you Heywood for 02:14:31.479 --> 02:14:34.560 your presentation I have one question and maybe a follow-up 02:14:34.560 --> 02:14:36.159 comment to that in 02:14:36.159 --> 02:14:38.970 terms of the last thing you presented in the incentivizing 02:14:38.970 --> 02:14:40.600 of preservation what 02:14:40.600 --> 02:14:43.399 how does the one to two compare to the other municipalities 02:14:43.399 --> 02:14:44.319 that you looked at 02:14:44.319 --> 02:14:47.960 and some municipalities there's there's not that have to go 02:14:47.960 --> 02:14:49.319 back and review that 02:14:49.319 --> 02:14:53.640 specifically but some you know there isn't you know an 02:14:53.640 --> 02:14:55.640 incentive you know 02:14:55.640 --> 02:14:58.609 what we what we're doing in some instances is similar to 02:14:58.609 --> 02:14:59.239 what other 02:14:59.239 --> 02:15:04.689 cities are doing and others it's really breaking new ground 02:15:04.689 --> 02:15:06.119 okay and then I 02:15:06.119 --> 02:15:11.010 guess my comment would be as a follow-up to that is I would 02:15:11.010 --> 02:15:12.079 hope that there's an 02:15:12.079 --> 02:15:15.279 opportunity here obviously for a massive tree preservation 02:15:15.279 --> 02:15:16.680 reform I hope that 02:15:16.680 --> 02:15:19.020 we're not limited to just comparing it to what the status 02:15:19.020 --> 02:15:19.840 quo for Denton was 02:15:19.840 --> 02:15:23.050 previously you mentioned that it's a 200% increase from 02:15:23.050 --> 02:15:24.279 what didn't used to have 02:15:24.279 --> 02:15:26.859 but that doesn't necessarily communicate to me that that's 02:15:26.859 --> 02:15:27.800 actually a good goal 02:15:27.800 --> 02:15:31.199 just because it compared to potentially a really bad 02:15:31.199 --> 02:15:33.000 ordinance before and so I 02:15:33.000 --> 02:15:35.500 guess my encouragement to the staff would be not just to 02:15:35.500 --> 02:15:36.479 look at the previous 02:15:36.479 --> 02:15:38.819 standard like well we're out doing ourselves before but 02:15:38.819 --> 02:15:39.680 rather if there's a 02:15:39.680 --> 02:15:42.319 way to really incentivize preservation of these trees then 02:15:42.319 --> 02:15:43.199 maybe we can take 02:15:43.199 --> 02:15:48.350 this opportunity to do that to the best of our abilities 02:15:48.350 --> 02:15:50.680 thank you 02:15:50.680 --> 02:15:55.880 Commissioner Taylor thank you chair I have just a few 02:15:55.880 --> 02:15:59.039 questions I'm still I 02:15:59.039 --> 02:16:02.189 think I've mostly understand this ordinance now after three 02:16:02.189 --> 02:16:03.439 months but I 02:16:03.439 --> 02:16:07.810 just have a few more clarifications so right now in a 02:16:07.810 --> 02:16:09.119 commercial development 02:16:09.119 --> 02:16:14.649 the parking lot tree canopy requirement is it is it 30% I 02:16:14.649 --> 02:16:15.319 don't know if that's a 02:16:15.319 --> 02:16:17.590 be a question for you or for a question just a general 02:16:17.590 --> 02:16:18.800 development staff 02:16:18.800 --> 02:16:23.949 question if I'm not mistaken it is 30% but that gets into 02:16:23.949 --> 02:16:25.119 the the landscape 02:16:25.119 --> 02:16:27.590 requirements of the code which is a little bit beyond the 02:16:27.590 --> 02:16:28.399 scope of what we're 02:16:28.399 --> 02:16:33.520 currently looking at right no I understand I just the the 02:16:33.520 --> 02:16:34.639 an interesting 02:16:34.639 --> 02:16:36.829 feature of this ordinance is that it does allow that the 02:16:36.829 --> 02:16:37.639 double dipping of 02:16:37.639 --> 02:16:42.190 landscape and preservation or previously it was there was 02:16:42.190 --> 02:16:43.280 always the we've 02:16:43.280 --> 02:16:49.360 preserved you know 22% and now we are you know also using 02:16:49.360 --> 02:16:50.760 an additional 12% of 02:16:50.760 --> 02:16:55.020 the canopy to allocate for you know street trees or park 02:16:55.020 --> 02:16:56.239 tree parking lot 02:16:56.239 --> 02:16:59.950 tree and that'll be going away so we'll just be having a 02:16:59.950 --> 02:17:01.040 single number to look 02:17:01.040 --> 02:17:13.940 at let's see the if you your mitigation example you threw 02:17:13.940 --> 02:17:14.799 up the example of a 02:17:14.799 --> 02:17:18.520 thousand square feet you can immediately remove 70% without 02:17:18.520 --> 02:17:19.520 without any 02:17:19.520 --> 02:17:25.000 mitigation at all so you go to 300 and then if you can go 02:17:25.000 --> 02:17:26.040 down to half of that 02:17:26.040 --> 02:17:31.229 30% so you can go to 150 square feet and if you happen to 02:17:31.229 --> 02:17:33.239 preserve a larger than 02:17:33.239 --> 02:17:36.520 18 inch diameter tree you get double credit for that 02:17:36.520 --> 02:17:39.079 preservation so if we 02:17:39.079 --> 02:17:43.309 if we made this a 10,000 square foot example you you have 02:17:43.309 --> 02:17:44.280 to keep 3,000 02:17:44.280 --> 02:17:49.430 square feet and if you have one 18 inch or larger tree that 02:17:49.430 --> 02:17:50.680 has 1500 square feet 02:17:50.680 --> 02:17:54.979 of canopy that covers everything including mitigation is 02:17:54.979 --> 02:17:56.000 that correct 02:17:56.000 --> 02:17:58.729 because you get double credit it doesn't cover the 02:17:58.729 --> 02:18:02.159 mitigation they cover that two 02:18:02.159 --> 02:18:05.620 to one credit for the canopy is credit towards your new 02:18:05.620 --> 02:18:06.799 landscape canopy 02:18:06.799 --> 02:18:10.350 requirements so if that particular site say if they 02:18:10.350 --> 02:18:13.079 required 5,000 square feet 02:18:13.079 --> 02:18:16.389 of new canopy where you'd have a credit of 3,000 square 02:18:16.389 --> 02:18:17.559 feet towards your new 02:18:17.559 --> 02:18:20.879 canopy requirement okay so it's so in this case in my 02:18:20.879 --> 02:18:22.920 hypothetical I'd have a 02:18:22.920 --> 02:18:27.079 1500 square foot one very large mature tree and then I 02:18:27.079 --> 02:18:28.719 would have to plant one 02:18:28.719 --> 02:18:33.090 additional large species three inches diameter it's like a 02:18:33.090 --> 02:18:33.600 large oak or 02:18:33.600 --> 02:18:37.440 something like large species oak and that would meet meet 02:18:37.440 --> 02:18:40.360 my 30% I guess I 02:18:40.360 --> 02:18:43.079 have to mitigate so it'd be a four to one ratio and repl 02:18:43.079 --> 02:18:43.920 anting right so 02:18:43.920 --> 02:18:48.739 whatever the balance of it in this example if that 15,000 02:18:48.739 --> 02:18:50.559 is satisfying you 02:18:50.559 --> 02:18:54.239 know that minimum 15% preservation where you're mitigating 02:18:54.239 --> 02:18:56.280 for 15,000 more square 02:18:56.280 --> 02:18:59.309 feet so in your example you'll be replacing it with you 02:18:59.309 --> 02:18:59.680 know 02:18:59.680 --> 02:19:04.090 approximately four trees that have a large canopy upon 02:19:04.090 --> 02:19:05.559 maturity so that would 02:19:05.559 --> 02:19:10.520 be like four four three inch large species oaks or pecan 02:19:10.520 --> 02:19:11.760 correct okay and 02:19:11.760 --> 02:19:18.940 then I get 3,000 square feet of landscape credit for saving 02:19:18.940 --> 02:19:19.760 that one the 02:19:19.760 --> 02:19:24.219 one tree I didn't cut down correct okay and if I choose not 02:19:24.219 --> 02:19:25.920 to replant my four 02:19:25.920 --> 02:19:31.200 three inch trees the fee would be the four dollars a 50 02:19:31.200 --> 02:19:32.000 square 50 cents 02:19:32.000 --> 02:19:35.120 square foot so it'd be about six thousand dollars correct 02:19:35.120 --> 02:19:35.559 and so that 02:19:35.559 --> 02:19:42.879 would be six thousand dollars to cut down 7,500 square feet 02:19:42.879 --> 02:19:43.959 of canopy 02:19:45.559 --> 02:19:49.569 roughly yeah okay so and and that would be I'm gonna sorry 02:19:49.569 --> 02:19:50.639 8,500 up miscalculated 02:19:50.639 --> 02:19:53.920 8,500 square feet so that would be about eight mature trees 02:19:53.920 --> 02:19:55.639 if I was under the 02:19:55.639 --> 02:19:59.479 old ordinance a mature tree is 18 inches and it's gonna 02:19:59.479 --> 02:20:01.639 cost me $125 an inch to 02:20:01.639 --> 02:20:06.200 cut it down so each of those trees is worth about $2,000 02:20:06.200 --> 02:20:08.200 eight mature trees at 02:20:08.200 --> 02:20:12.479 two thousand sixteen thousand dollars in mitigation is what 02:20:12.479 --> 02:20:14.399 today we would pay 02:20:14.399 --> 02:20:19.829 under this ordinance it would be six thousand dollars 02:20:19.829 --> 02:20:22.520 roughly right right 02:20:22.520 --> 02:20:24.440 right now I understand this is a hypothetical and I'm just 02:20:24.440 --> 02:20:24.920 putting this 02:20:24.920 --> 02:20:27.350 all out there so the mitigation fees have gone down 02:20:27.350 --> 02:20:29.159 dramatically depending on 02:20:29.159 --> 02:20:33.850 the situation yeah and then I get bonus points when I come 02:20:33.850 --> 02:20:34.959 to landscape because 02:20:34.959 --> 02:20:38.000 now I got three thousand square feet of credit or before 02:20:38.000 --> 02:20:39.239 you'd had to preserve 02:20:39.239 --> 02:20:48.760 and then you'd had to do your landscape all right thank you 02:20:48.760 --> 02:20:51.120 yeah to add to your 02:20:51.120 --> 02:20:54.120 example if you're looking at the current code and you're 02:20:54.120 --> 02:20:55.520 preserving the one 18 02:20:55.520 --> 02:21:00.059 inch tree the balance of what you would be mitigating would 02:21:00.059 --> 02:21:01.559 be 18 inches so it 02:21:01.559 --> 02:21:07.920 would be 18 times $125 not the total diameter inches that 02:21:07.920 --> 02:21:08.639 are on the entire 02:21:08.639 --> 02:21:11.000 site 02:21:13.000 --> 02:21:17.500 Commissioner Nettles now they have a bunch of numbers in my 02:21:17.500 --> 02:21:19.440 head I was going 02:21:19.440 --> 02:21:22.760 in that direction you made it an assumption and you said 02:21:22.760 --> 02:21:23.000 you have 02:21:23.000 --> 02:21:27.059 rationale for all those the one to four ratio and you 02:21:27.059 --> 02:21:28.520 explained it as being 02:21:28.520 --> 02:21:32.569 being able to get to maturity four times faster so you made 02:21:32.569 --> 02:21:33.680 some assumptions on 02:21:33.680 --> 02:21:38.520 that that original tree and the assumptions on the four are 02:21:38.520 --> 02:21:39.840 of the same 02:21:39.840 --> 02:21:44.440 type of species or of a variety or something's a rationale 02:21:44.440 --> 02:21:45.600 behind the four 02:21:45.600 --> 02:21:49.360 it would be a it would be a large canopy tree so if if you 02:21:49.360 --> 02:21:50.799 're replacing and 02:21:50.799 --> 02:21:53.879 you're looking at you know a large trees worth the canopy 02:21:53.879 --> 02:21:55.200 which we estimated in 02:21:55.200 --> 02:22:00.360 Denton or given us a size of 1256 square feet you're 02:22:00.360 --> 02:22:01.959 looking at planting four new 02:22:01.959 --> 02:22:06.600 trees that would meet that that size upon maturity why not 02:22:06.600 --> 02:22:08.760 one to three I'm 02:22:08.760 --> 02:22:11.389 just you know you you told us that you had a number of 02:22:11.389 --> 02:22:12.440 wonderful because of 02:22:12.440 --> 02:22:16.959 again the rationale is you know replacing tree canopy 02:22:16.959 --> 02:22:19.399 sooner if it's the 02:22:19.399 --> 02:22:23.520 the lower that ratio the longer it takes to to replace a 02:22:23.520 --> 02:22:25.040 canopy and the longer 02:22:25.040 --> 02:22:28.069 we're not realizing the benefits of that canopy if you go 02:22:28.069 --> 02:22:29.399 back to that that slide 02:22:29.399 --> 02:22:31.829 that I had with all the various benefits that were received 02:22:31.829 --> 02:22:32.680 from trees I just 02:22:32.680 --> 02:22:34.709 want to make sure everybody was clear on the rationale and 02:22:34.709 --> 02:22:35.680 we may you know 02:22:35.680 --> 02:22:39.430 replace it the canopy in our lifetime versus you know after 02:22:39.430 --> 02:22:40.639 we're we're going 02:22:40.639 --> 02:22:44.790 it's the second one that needs for me and others to clarify 02:22:44.790 --> 02:22:45.879 what how'd you get 02:22:45.879 --> 02:22:52.760 that $4.50 that that $4.50 is an estimate of what a square 02:22:52.760 --> 02:22:53.079 foot of 02:22:53.079 --> 02:22:57.000 canopy would be here in Denton what I actually did to get 02:22:57.000 --> 02:22:58.000 around that number 02:22:58.000 --> 02:23:03.280 was I use the the i-tree eco assessment of the city of Or 02:23:03.280 --> 02:23:04.920 lington's trees they 02:23:04.920 --> 02:23:08.180 have their you know the value of their the structural value 02:23:08.180 --> 02:23:08.979 of their tree 02:23:08.979 --> 02:23:13.340 canopy the percentage of tree canopy and using those 02:23:13.340 --> 02:23:15.440 numbers along with the total 02:23:15.440 --> 02:23:18.020 square footage of the city of Orlington I was able to 02:23:18.020 --> 02:23:19.459 calculate how much one 02:23:19.459 --> 02:23:26.120 square foot of canopy is worth thank you I got a couple 02:23:26.120 --> 02:23:30.479 questions I want to go 02:23:30.479 --> 02:23:34.239 back to our last P&T meeting we had a project came before 02:23:34.239 --> 02:23:35.440 preserved pecan 02:23:35.440 --> 02:23:39.090 Creek like they had essentially what may be kind of a 02:23:39.090 --> 02:23:40.440 future view of the 02:23:40.440 --> 02:23:44.340 direction we may be going with I think that a seven or ten 02:23:44.340 --> 02:23:45.680 acre tree reserve 02:23:45.680 --> 02:23:48.850 that they were doing as they developed that project and I 02:23:48.850 --> 02:23:50.360 think they put that 02:23:50.360 --> 02:23:53.379 in a individual lot and it was enough therefore would be in 02:23:53.379 --> 02:23:54.159 a homeowners 02:23:54.159 --> 02:24:00.760 association rather than it's publicly owned is it villages 02:24:00.760 --> 02:24:01.799 I'm sorry I spoke 02:24:01.799 --> 02:24:08.840 with the wrong project villages Carmel just a philosophical 02:24:08.840 --> 02:24:11.600 concern I have and 02:24:11.600 --> 02:24:13.649 I'm throwing this out just to get it out because I know we 02:24:13.649 --> 02:24:14.399 're going to have a 02:24:14.399 --> 02:24:18.870 time to have future meetings and work sessions and talk 02:24:18.870 --> 02:24:21.040 about this is we're 02:24:21.040 --> 02:24:23.809 taking somewhat of a public policy of preserving the trees 02:24:23.809 --> 02:24:24.680 and putting it in 02:24:24.680 --> 02:24:29.200 more of a private type of application and individual 02:24:29.200 --> 02:24:31.440 developments more than 02:24:31.440 --> 02:24:34.270 likely those go into homeowners association so they're 02:24:34.270 --> 02:24:35.159 privately owned 02:24:35.159 --> 02:24:38.159 and they're maintained by a homeowner association they're 02:24:38.159 --> 02:24:38.920 not open to the 02:24:38.920 --> 02:24:44.479 public and as part of this ordinance the developer or the 02:24:44.479 --> 02:24:45.680 homeowners association 02:24:45.680 --> 02:24:49.309 by default has to maintain these trees for three years so 02:24:49.309 --> 02:24:50.920 if something for 02:24:50.920 --> 02:24:55.170 example oak wilt or some type of issue happens with those 02:24:55.170 --> 02:24:56.520 trees now the 02:24:56.520 --> 02:24:59.639 homeowners association ie the residents that live in that 02:24:59.639 --> 02:25:00.719 neighborhood are going 02:25:00.719 --> 02:25:03.559 to have to be coming back and have a great expense 02:25:03.559 --> 02:25:05.799 potentially to replace all 02:25:05.799 --> 02:25:11.180 these trees to get it back into compliance so I'm concerned 02:25:11.180 --> 02:25:11.959 about that 02:25:11.959 --> 02:25:15.170 and the precedent that we said and the burden that we put 02:25:15.170 --> 02:25:16.000 on our future 02:25:16.000 --> 02:25:18.959 residents and so one of the things that I want to throw out 02:25:18.959 --> 02:25:19.760 just for us to 02:25:19.760 --> 02:25:24.629 consider as a city if this is the direction that we want to 02:25:24.629 --> 02:25:25.680 go with public 02:25:25.680 --> 02:25:31.479 policy that we look at doing this more on a public policy 02:25:31.479 --> 02:25:33.840 platform that is more 02:25:33.840 --> 02:25:38.120 of a park that's a publicly owned park if it can be 02:25:38.120 --> 02:25:39.319 dedicated as park whether 02:25:39.319 --> 02:25:42.780 we're buying paying into the tree fund and taking tree fund 02:25:42.780 --> 02:25:43.719 dollars to buy 02:25:43.719 --> 02:25:48.149 areas that are then public parks publicly maintained they 02:25:48.149 --> 02:25:49.200 're no longer 02:25:49.200 --> 02:25:52.370 homeowners association and private and the burden saw the 02:25:52.370 --> 02:25:53.280 go with that and 02:25:53.280 --> 02:25:56.610 general liability for safety all other stuff that goes 02:25:56.610 --> 02:25:58.520 along with HOA's and 02:25:58.520 --> 02:26:05.270 anybody can come and enjoy those versus its HOA exclusively 02:26:05.270 --> 02:26:06.479 area that is just 02:26:06.479 --> 02:26:09.030 for that neighborhood so that's one of the things that I 02:26:09.030 --> 02:26:10.319 want to throw out just 02:26:10.319 --> 02:26:13.850 as an observation of where we are so far on this ordinance 02:26:13.850 --> 02:26:15.120 as we're going to be 02:26:15.120 --> 02:26:18.000 taking a look at it and soliciting feedback here in a 02:26:18.000 --> 02:26:19.840 minute from public as 02:26:19.840 --> 02:26:23.479 well and some other stakeholders is there an opportunity 02:26:23.479 --> 02:26:24.520 for us to look at 02:26:24.520 --> 02:26:29.000 that since this is more of a public policy decision that it 02:26:29.000 --> 02:26:29.959 's more of a 02:26:29.959 --> 02:26:34.329 benefit and use for the public versus its private private 02:26:34.329 --> 02:26:35.799 HOA's privately 02:26:35.799 --> 02:26:39.040 maintained and expense and all those types of things so we 02:26:39.040 --> 02:26:40.079 'll still throw 02:26:40.079 --> 02:26:42.889 that out to add to all the other comments that we're 02:26:42.889 --> 02:26:44.159 probably getting ready 02:26:44.159 --> 02:26:47.649 to get and see if there's a place for that somewhere in 02:26:47.649 --> 02:26:49.120 this ordinance as we 02:26:49.120 --> 02:26:54.360 move it forward so any other comments or questions for Hay 02:26:54.360 --> 02:26:55.840 wood before we move on 02:26:55.840 --> 02:27:00.479 to our cars thank you for a great presentation all right 02:27:00.479 --> 02:27:03.479 thank you have a 02:27:03.479 --> 02:27:07.940 number of cards and just want to announce again that we've 02:27:07.940 --> 02:27:09.159 suspended our 02:27:09.159 --> 02:27:12.610 rules and so what we'll be doing going for you're welcome 02:27:12.610 --> 02:27:13.879 to speak this evening 02:27:13.879 --> 02:27:18.629 and then speak a second time as this comes back if you do 02:27:18.629 --> 02:27:19.879 want to speak 02:27:19.879 --> 02:27:23.899 tonight and you haven't filled out a card yet we would ask 02:27:23.899 --> 02:27:24.520 that you 02:27:31.120 --> 02:27:32.850 so if you do want to speak this evening we will need to 02:27:32.850 --> 02:27:35.639 fill out a card you can 02:27:35.639 --> 02:27:39.000 fill out a card either support the ordinance or not support 02:27:39.000 --> 02:27:39.479 it and we'll 02:27:39.479 --> 02:27:43.200 just read that into the record and our timeframes do still 02:27:43.200 --> 02:27:44.440 apply even though 02:27:44.440 --> 02:27:48.280 we've suspended the rules I believe it's four minutes per 02:27:48.280 --> 02:27:49.379 speaker and they can 02:27:49.379 --> 02:27:54.040 combine time it's four minutes four minutes per speaker and 02:27:54.040 --> 02:27:55.159 then if there is 02:27:55.159 --> 02:28:00.079 a group of four or more then you'll get a ten minute or 02:28:00.079 --> 02:28:01.799 less opportunity to 02:28:01.799 --> 02:28:05.170 speak and then also the applicant which is I guess us we've 02:28:05.170 --> 02:28:06.319 already taken our 02:28:06.319 --> 02:28:10.000 time to speak so we don't need to address that okay with 02:28:10.000 --> 02:28:11.000 that said I'm 02:28:11.000 --> 02:28:15.079 gonna we've got two cards that did not wish to speak so I'm 02:28:15.079 --> 02:28:16.760 gonna record these 02:28:16.760 --> 02:28:20.180 for the record and then we'll move into our cards that do 02:28:20.180 --> 02:28:21.680 wish to speak first 02:28:21.680 --> 02:28:27.700 card I have is from Lynn Dodd 612 Pearl Street she she or 02:28:27.700 --> 02:28:30.600 he is in support of 02:28:30.600 --> 02:28:35.750 this ordinance but did not wish to speak I have a second 02:28:35.750 --> 02:28:37.479 card Courtney blebens 02:28:37.479 --> 02:28:43.680 for service 7429 Culver Avenue Fort Worth is in support of 02:28:43.680 --> 02:28:44.440 this ordinance and 02:28:44.440 --> 02:28:52.600 did not wish to speak the next card I have is from Rod Zuc 02:28:52.600 --> 02:28:53.840 chi and I'm gonna go 02:28:53.840 --> 02:28:57.440 ahead and put next speaker behind we can get ready would be 02:28:57.440 --> 02:28:58.520 Larry Reichart 02:28:58.520 --> 02:29:01.879 the right if you want to come forward you have four minutes 02:29:01.879 --> 02:29:02.659 to speak and 02:29:02.659 --> 02:29:09.180 please give your name and address please sir thank you mr. 02:29:09.180 --> 02:29:10.639 chairman 02:29:10.639 --> 02:29:14.270 commissioners my name is Rod Zucchi I'm with ZPS consulting 02:29:14.270 --> 02:29:16.000 engineers at one one 02:29:16.000 --> 02:29:20.079 one one Main Street in Grapevine Texas there's so many 02:29:20.079 --> 02:29:21.959 things to tackle I'm not 02:29:21.959 --> 02:29:24.639 even going to attempt it here in four minutes so I'd just 02:29:24.639 --> 02:29:25.639 like to make a few 02:29:25.639 --> 02:29:29.190 points to try and kind of stimulate some thought for our 02:29:29.190 --> 02:29:31.840 future conversations to 02:29:31.840 --> 02:29:34.370 give you some background I'll tell you that I have over 25 02:29:34.370 --> 02:29:35.280 years of engineering 02:29:35.280 --> 02:29:38.639 and planning experience working for and with the city of 02:29:38.639 --> 02:29:40.000 Denton and most other 02:29:40.000 --> 02:29:44.229 area cities I organized and headed the consultant team for 02:29:44.229 --> 02:29:45.040 the city that worked 02:29:45.040 --> 02:29:50.920 on the original Denton plan for example my firm currently 02:29:50.920 --> 02:29:52.280 has five large 02:29:52.280 --> 02:29:55.959 single-family projects with significant tree and ESA issues 02:29:55.959 --> 02:29:57.159 and various stages 02:29:57.159 --> 02:30:01.000 of development in the city of Denton so I'm currently very 02:30:01.000 --> 02:30:02.319 familiar with your 02:30:02.319 --> 02:30:09.959 current code both tree and ESA in working with staff as a 02:30:09.959 --> 02:30:11.079 representative of 02:30:11.079 --> 02:30:13.690 the Denton Community Development Alliance team which 02:30:13.690 --> 02:30:14.479 included Larry 02:30:14.479 --> 02:30:18.799 Reichart and Lee Allison who are also here this evening in 02:30:18.799 --> 02:30:20.040 multiple workshops 02:30:20.040 --> 02:30:23.489 with the city over the past several weeks I've developed 02:30:23.489 --> 02:30:24.639 several concerns 02:30:24.639 --> 02:30:28.959 about the current draft I'm concerned that the Commission 02:30:28.959 --> 02:30:29.760 does not have 02:30:29.760 --> 02:30:33.250 adequate and accurate information to make an informed 02:30:33.250 --> 02:30:34.920 decision some key 02:30:34.920 --> 02:30:39.520 informational tools provided have been taken out of context 02:30:39.520 --> 02:30:40.479 or valuable 02:30:40.479 --> 02:30:44.500 components of the information are missing I'm concerned 02:30:44.500 --> 02:30:45.559 that we are not 02:30:45.559 --> 02:30:48.260 proceeding with the consideration of this ordinance in 02:30:48.260 --> 02:30:49.360 conformance with the 02:30:49.360 --> 02:30:53.409 process outlined and our recently adopted comprehensive 02:30:53.409 --> 02:30:55.000 plan Larry will 02:30:55.000 --> 02:30:59.229 elaborate on this some more in future discussion I'm 02:30:59.229 --> 02:31:00.079 concerned that this 02:31:00.079 --> 02:31:03.600 ordinance would have a very significant financial impact 02:31:03.600 --> 02:31:05.399 when applied to our 02:31:05.399 --> 02:31:08.319 projects recently approved under the current ordinance we 02:31:08.319 --> 02:31:09.639 are seeing possible 02:31:09.639 --> 02:31:15.090 mitigation cost increase increases of five times or more 02:31:15.090 --> 02:31:16.600 based on rates 02:31:16.600 --> 02:31:19.840 suggested by staff in our workshop and the rate this which 02:31:19.840 --> 02:31:20.799 is the same rate 02:31:20.799 --> 02:31:24.309 Larry suggested this evening admittedly this ordinance does 02:31:24.309 --> 02:31:25.440 not establish those 02:31:25.440 --> 02:31:28.729 rates but how can you consider an ordinance without 02:31:28.729 --> 02:31:30.000 considering what the 02:31:30.000 --> 02:31:34.020 economic impact of that ordinance would be I've asked 02:31:34.020 --> 02:31:36.120 myself and several staff 02:31:36.120 --> 02:31:40.139 several times what the goal of this new ordinance actually 02:31:40.139 --> 02:31:41.479 is and I'm not sure I 02:31:41.479 --> 02:31:46.319 can tell you the answer is it to simplify the current 02:31:46.319 --> 02:31:48.319 ordinance tree 02:31:48.319 --> 02:31:51.440 ordinance in most cities are not simple and our current 02:31:51.440 --> 02:31:52.760 ordinance is not that 02:31:52.760 --> 02:31:56.680 bad in comparison one of the things that complicates tree 02:31:56.680 --> 02:31:58.159 ordinances and our 02:31:58.159 --> 02:32:02.180 current one as well is there's multiple kinds of projects 02:32:02.180 --> 02:32:03.520 single-family versus 02:32:03.520 --> 02:32:06.479 commercial that are very different in nature and the rules 02:32:06.479 --> 02:32:07.399 that apply to the 02:32:07.399 --> 02:32:11.129 development of those types of projects are very different 02:32:11.129 --> 02:32:12.239 and so the cost 02:32:12.239 --> 02:32:16.409 analysis you might go through on a commercial project is 02:32:16.409 --> 02:32:17.360 not the same 02:32:17.360 --> 02:32:20.989 result you'd get on a single-family project our code 02:32:20.989 --> 02:32:22.920 addresses different 02:32:22.920 --> 02:32:25.010 types of projects that's one thing that makes it more 02:32:25.010 --> 02:32:26.319 complicated this code does 02:32:26.319 --> 02:32:33.079 not is the purpose to preserve more trees if that's the 02:32:33.079 --> 02:32:34.379 case shouldn't the 02:32:34.379 --> 02:32:37.250 economic impact of the ordinance be similar or maybe 02:32:37.250 --> 02:32:38.479 slightly higher than 02:32:38.479 --> 02:32:41.860 the curtain ordinance to preserve some economic development 02:32:41.860 --> 02:32:44.940 opportunities is the 02:32:44.940 --> 02:32:49.809 purpose to have more trees in Denton's future tree planting 02:32:49.809 --> 02:32:51.059 is a much more 02:32:51.059 --> 02:32:54.700 beneficial and efficient method of accomplishing this goal 02:32:54.700 --> 02:32:55.040 than 02:32:55.040 --> 02:32:58.770 preservation of older trees with limited lifespans this 02:32:58.770 --> 02:33:01.280 allows trees to occur in 02:33:01.280 --> 02:33:07.180 a desired location making them an asset instead of a 02:33:07.180 --> 02:33:09.879 liability in a being 02:33:09.879 --> 02:33:13.239 preserved in a demanded location and that's an important 02:33:13.239 --> 02:33:14.319 concept we need to 02:33:14.319 --> 02:33:17.819 discuss further on it's not just the preservation of the 02:33:17.819 --> 02:33:19.319 tree it's the impact 02:33:19.319 --> 02:33:23.799 that that location has on the use of a piece of property 02:33:23.799 --> 02:33:26.799 there's one reason 02:33:26.799 --> 02:33:31.030 why it's difficult for cities not to exempt city projects 02:33:31.030 --> 02:33:31.959 like a wastewater 02:33:31.959 --> 02:33:35.260 treatment plant because you don't get to preserve trees 02:33:35.260 --> 02:33:36.520 where you want to you 02:33:36.520 --> 02:33:39.459 have to preserve them where they are and if they're in the 02:33:39.459 --> 02:33:40.520 middle of where you 02:33:40.520 --> 02:33:45.020 need to use that site it significantly impacts the use of 02:33:45.020 --> 02:33:46.840 the site thank you 02:33:46.840 --> 02:33:53.680 for your comments I'm sorry I have a question Ron I 02:33:53.680 --> 02:33:54.879 apologize 02:33:54.879 --> 02:33:59.520 Commissioner Roselle thank you chair Rod I appreciate your 02:33:59.520 --> 02:34:00.399 your feedback I had 02:34:00.399 --> 02:34:03.000 one question not not to get into the weeds but it might be 02:34:03.000 --> 02:34:03.760 helpful as I'm 02:34:03.760 --> 02:34:06.010 thinking through this you mentioned there's out of context 02:34:06.010 --> 02:34:06.760 information being 02:34:06.760 --> 02:34:09.299 provided to the Commission can you provide like just an 02:34:09.299 --> 02:34:10.040 example so I can 02:34:10.040 --> 02:34:14.409 get my mind going where that might be for one thing Larry's 02:34:14.409 --> 02:34:15.479 pulled a number 02:34:15.479 --> 02:34:21.379 out of the city of Arlington code to establish the value of 02:34:21.379 --> 02:34:23.200 the trees you 02:34:23.200 --> 02:34:26.489 need to read that report and see how that number how he 02:34:26.489 --> 02:34:27.239 came up with that 02:34:27.239 --> 02:34:31.260 number it's the city Arlington wouldn't come up with that 02:34:31.260 --> 02:34:33.159 number if you read 02:34:33.159 --> 02:34:38.610 their entire ordinance another example is I've heard 02:34:38.610 --> 02:34:40.879 examples used in comparison 02:34:40.879 --> 02:34:44.090 to the city of Southlake I'm very familiar with their code 02:34:44.090 --> 02:34:44.639 and I've 02:34:44.639 --> 02:34:48.030 actually talked to their arborist about the application or 02:34:48.030 --> 02:34:48.959 code it's very 02:34:48.959 --> 02:34:53.250 stringent and and it's been used as a comparison tool for 02:34:53.250 --> 02:34:54.440 this well if you 02:34:54.440 --> 02:34:59.040 ask they'll voluntarily tell you that an overwhelming 02:34:59.040 --> 02:35:00.760 majority of projects to 02:35:00.760 --> 02:35:03.840 prove in Southlake do not comply with their tree code city 02:35:03.840 --> 02:35:05.280 of Southlake uses 02:35:05.280 --> 02:35:09.620 their tree code as a tool in in conjunction with all their 02:35:09.620 --> 02:35:10.159 other 02:35:10.159 --> 02:35:14.920 ordinances to get the kind of development they want they 02:35:14.920 --> 02:35:15.319 don't 02:35:15.319 --> 02:35:18.079 necessarily enforce the tree code to the letter off now 02:35:18.079 --> 02:35:19.399 that's very onerous on a 02:35:19.399 --> 02:35:22.899 city that that puts your staff in a position where they've 02:35:22.899 --> 02:35:23.920 got to consider 02:35:23.920 --> 02:35:30.010 variances on every project you know those are a couple that 02:35:30.010 --> 02:35:30.719 's helpful thank 02:35:30.719 --> 02:35:36.680 you one more question Commissioner Hedgepeth 02:35:38.719 --> 02:35:43.010 thank you chair thank you sir appreciate your insight and I 02:35:43.010 --> 02:35:44.000 'm gonna ask each 02:35:44.000 --> 02:35:48.409 individual this so if we can agree on the canopy what is 02:35:48.409 --> 02:35:50.639 your so mr. Haywood's 02:35:50.639 --> 02:35:55.790 number is 450 $4.50 what is what is your number in your 02:35:55.790 --> 02:35:58.520 analysis well I think 02:35:58.520 --> 02:36:00.950 that's where we get to the comprehensive plan the 02:36:00.950 --> 02:36:02.520 comprehensive plan actually 02:36:02.520 --> 02:36:06.020 outlines and Larry is an expert on this and he'll address 02:36:06.020 --> 02:36:07.680 that for you a process 02:36:07.680 --> 02:36:11.700 you go through to establish the value of the trees in your 02:36:11.700 --> 02:36:13.079 city so you can assess 02:36:13.079 --> 02:36:17.229 that rate and that's what we have not done we've just kind 02:36:17.229 --> 02:36:18.280 of said Arlington 02:36:18.280 --> 02:36:22.510 did it and and here's Arlington's not well and so that's 02:36:22.510 --> 02:36:23.340 that's gonna be the 02:36:23.340 --> 02:36:26.379 challenge for me and maybe someone else is gonna get to it 02:36:26.379 --> 02:36:27.360 but I'm gonna ask 02:36:27.360 --> 02:36:31.610 each individual I'm just gonna repeat it mr. Haywood's put 02:36:31.610 --> 02:36:32.600 a number out there 02:36:32.600 --> 02:36:35.350 he's done his due diligence and if you're going to then 02:36:35.350 --> 02:36:36.319 challenge his due 02:36:36.319 --> 02:36:40.809 diligence then I would challenge whomever to come up with a 02:36:40.809 --> 02:36:42.399 new number and and 02:36:42.399 --> 02:36:45.139 validate that number that's only fair if someone comes and 02:36:45.139 --> 02:36:45.840 does their due 02:36:45.840 --> 02:36:49.120 diligence and puts a number out there to get scrutinized I 02:36:49.120 --> 02:36:50.440 'm all for scrutiny 02:36:50.440 --> 02:36:54.489 but then those challengers need also to to do the math and 02:36:54.489 --> 02:36:55.920 put themselves out 02:36:55.920 --> 02:36:59.020 there and let us kick the tires on let me offer you a 02:36:59.020 --> 02:37:01.040 number if you would like 02:37:01.040 --> 02:37:08.159 with with with with 30% preservation requirement mm-hmm if 02:37:08.159 --> 02:37:09.280 you were to exempt 02:37:09.280 --> 02:37:12.409 public right aways and public easements as most cities do 02:37:12.409 --> 02:37:13.639 which also it does not 02:37:13.639 --> 02:37:18.239 show up in your in your equivalent city comparison and you 02:37:18.239 --> 02:37:19.920 took half that number 02:37:19.920 --> 02:37:24.739 it would come out about 10% higher financial impact and 02:37:24.739 --> 02:37:25.559 what your current 02:37:25.559 --> 02:37:30.120 ordinance does okay but the current ordinance does not is 02:37:30.120 --> 02:37:30.760 not based on 02:37:30.760 --> 02:37:35.299 canopy so if we can agree to switch the canopy then I've 02:37:35.299 --> 02:37:36.559 got projects where I 02:37:36.559 --> 02:37:40.479 have the detailed survey of all the trees so I can make a 02:37:40.479 --> 02:37:42.040 direct correlation 02:37:42.040 --> 02:37:46.909 between canopy and the current code which is is caliper 02:37:46.909 --> 02:37:50.000 inches and so you 02:37:50.000 --> 02:37:54.059 know and it's it's tough it's complicated I mean I do 02:37:54.059 --> 02:37:55.399 support the 02:37:55.399 --> 02:37:58.850 concept of canopy it avoids the need to do a detailed 02:37:58.850 --> 02:38:00.600 survey on every tree on 02:38:00.600 --> 02:38:04.069 the property and particularly when you get in large single- 02:38:04.069 --> 02:38:05.159 family properties I 02:38:05.159 --> 02:38:08.229 can be very expensive and time-consuming so I mean there's 02:38:08.229 --> 02:38:09.040 some very good 02:38:09.040 --> 02:38:13.280 concepts in the in the in the code but that's a tough 02:38:13.280 --> 02:38:14.319 question and that's 02:38:14.319 --> 02:38:18.000 really my point is we need to we need to figure that out 02:38:18.000 --> 02:38:20.600 yes sir thank you thank 02:38:20.600 --> 02:38:25.739 you next speaker will be Larry Reichart and this looks like 02:38:25.739 --> 02:38:27.479 a group speaker for 02:38:27.479 --> 02:38:34.000 ten minutes on behalf of Larry Reichart Brett Chance Adam 02:38:34.000 --> 02:38:36.799 Gararecki and Lee 02:38:36.799 --> 02:38:42.319 Allison thank you my name is Larry Reichart I'm a board 02:38:42.319 --> 02:38:43.639 member with the DCDA 02:38:43.639 --> 02:38:49.200 I live at 2228 Jefferson Trail here in Denton Texas a 02:38:49.200 --> 02:38:51.079 little background on me I 02:38:51.079 --> 02:38:54.260 used to work for the city of Denton I was the assistant 02:38:54.260 --> 02:38:55.719 planning director and 02:38:55.719 --> 02:39:00.270 I was the interim planning director for for a while also I 02:39:00.270 --> 02:39:02.159 penned the existing 02:39:02.159 --> 02:39:05.969 code that we're using right now when I say I penned it I 02:39:05.969 --> 02:39:07.360 don't like to say I 02:39:07.360 --> 02:39:11.500 authored it because it was done by a committee and when you 02:39:11.500 --> 02:39:13.739 get stuff done by 02:39:13.739 --> 02:39:17.360 a committee you have to address almost everybody's concerns 02:39:17.360 --> 02:39:18.079 that's why there's 02:39:18.079 --> 02:39:26.120 such a variety of different variables we tried to address 02:39:26.120 --> 02:39:28.200 infill lots with the 02:39:28.200 --> 02:39:31.680 one acre minimums this code doesn't address infill lots you 02:39:31.680 --> 02:39:32.360 know they're 02:39:32.360 --> 02:39:35.040 going to be addressed later but this code is in effect now 02:39:35.040 --> 02:39:35.799 if you have one 02:39:35.799 --> 02:39:39.510 tree on your property you can't remove it there or you have 02:39:39.510 --> 02:39:40.639 to pay you can't 02:39:40.639 --> 02:39:46.120 remove it because you can't get below 15% so you can now 02:39:46.120 --> 02:39:47.719 you know if you have an 02:39:47.719 --> 02:39:50.850 infill lot and there's very possible we'll have one tree I 02:39:50.850 --> 02:39:52.920 have a pretty in 02:39:52.920 --> 02:39:56.090 depth PowerPoint presentation you you've gotten my letter 02:39:56.090 --> 02:39:56.840 you probably haven't 02:39:56.840 --> 02:39:59.000 had a chance to read it I'll ask you if you want me to go 02:39:59.000 --> 02:39:59.760 through the PowerPoint 02:39:59.760 --> 02:40:04.579 now and you know really go into it or just hit some 02:40:04.579 --> 02:40:06.680 highlights you're probably 02:40:06.680 --> 02:40:09.319 just take a quick poll you guys want to see the PowerPoint 02:40:09.319 --> 02:40:10.840 or you want to handle 02:40:10.840 --> 02:40:17.510 that in a work session I can do it in ten the one thing I 02:40:17.510 --> 02:40:19.600 will have to say 02:40:19.600 --> 02:40:23.889 right now too within the presentation and the letter I sent 02:40:23.889 --> 02:40:25.479 you I was totally 02:40:25.479 --> 02:40:29.190 wrong with the mitigation fee I calculated I'm learning 02:40:29.190 --> 02:40:30.120 that now is I 02:40:30.120 --> 02:40:32.530 and I because I multiplied it by four and you're not 02:40:32.530 --> 02:40:33.760 supposed to do that for 02:40:33.760 --> 02:40:36.340 the mitigation I didn't include the existing trees ever 02:40:36.340 --> 02:40:37.120 planted so that 02:40:37.120 --> 02:40:40.030 number is way off up till you get to that point the 02:40:40.030 --> 02:40:42.360 analysis was correct that 02:40:42.360 --> 02:40:45.959 point which is the main point was is really wrong so I 02:40:45.959 --> 02:40:47.280 wanted to say that 02:40:47.280 --> 02:40:52.729 right out get that out of the way right now we have 02:40:52.729 --> 02:40:54.879 philosophical differences 02:40:54.879 --> 02:40:57.879 inconsistent with the comprehensive plan I'll get into that 02:40:57.879 --> 02:40:58.799 missing the 02:40:58.799 --> 02:41:02.319 information that we think is important for an informed 02:41:02.319 --> 02:41:03.840 decision impact on the 02:41:03.840 --> 02:41:06.889 property owner we don't believe is proportional to the gain 02:41:06.889 --> 02:41:07.319 and the 02:41:07.319 --> 02:41:11.129 economic impact we believe the tree canopy benefits the 02:41:11.129 --> 02:41:12.559 entire community and 02:41:12.559 --> 02:41:17.879 therefore should be a community solution not an individual 02:41:17.879 --> 02:41:18.959 property owner 02:41:18.959 --> 02:41:22.979 responsibility or burden we believe and it's identified in 02:41:22.979 --> 02:41:23.799 the common plan that 02:41:23.799 --> 02:41:26.149 the city should be purchasing and protecting and 02:41:26.149 --> 02:41:27.399 maintaining important 02:41:27.399 --> 02:41:32.649 tree stands not requiring individuals to do it and again we 02:41:32.649 --> 02:41:33.799 believe increasing 02:41:33.799 --> 02:41:36.780 the tree canopy should be done over the long term it's not 02:41:36.780 --> 02:41:38.000 a quick fix you plant 02:41:38.000 --> 02:41:43.159 trees they grow trees die you replace them and that's that 02:41:43.159 --> 02:41:44.319 goes to the four to 02:41:44.319 --> 02:41:50.200 one mitigation responsibility we believe the citywide 02:41:50.200 --> 02:41:51.600 canopy we will increase 02:41:51.600 --> 02:41:56.520 with development on the slide or the city to the the colors 02:41:56.520 --> 02:41:58.399 to the right the 02:41:58.399 --> 02:42:01.809 green areas are ag land which aren't developed they are 02:42:01.809 --> 02:42:02.559 going to develop 02:42:02.559 --> 02:42:07.200 that's 43% of the city there's probably not a lot of trees 02:42:07.200 --> 02:42:08.719 on there on that 02:42:08.719 --> 02:42:12.860 property once they get developed you look at any old subdiv 02:42:12.860 --> 02:42:13.959 ision in this city 02:42:13.959 --> 02:42:18.840 those are the heavily canopied properties in the city idiot 02:42:18.840 --> 02:42:19.680 Hill when it 02:42:19.680 --> 02:42:22.489 was developed didn't have a single tree out there now it's 02:42:22.489 --> 02:42:23.559 one of the most go to 02:42:23.559 --> 02:42:30.229 Google Earth and look homeowners now provide trees 02:42:30.229 --> 02:42:31.639 homeowners plant trees on 02:42:31.639 --> 02:42:36.319 a lot of trees and it look at ropes and ranch wasn't a 02:42:36.319 --> 02:42:37.319 single tree out there when 02:42:37.319 --> 02:42:39.899 it was developed there's probably there's hundreds of trees 02:42:39.899 --> 02:42:40.959 have not over a 02:42:40.959 --> 02:42:49.950 thousand regarding the camp plan in chapter 5 5.5 there are 02:42:49.950 --> 02:42:51.559 policies and 02:42:51.559 --> 02:42:55.870 actions to undertake to expand and protect tree canopy the 02:42:55.870 --> 02:42:56.920 ones that are 02:42:56.920 --> 02:43:00.370 underlined here conduct an urban forestry master plan some 02:43:00.370 --> 02:43:01.319 of these are 02:43:01.319 --> 02:43:05.049 underway right now research and determine what the goal 02:43:05.049 --> 02:43:06.600 should be where 02:43:06.600 --> 02:43:09.690 are we heading with tree canopy what is the appropriate 02:43:09.690 --> 02:43:11.040 number and then what is 02:43:11.040 --> 02:43:14.719 the appropriate number to preserve for the city of Denton 02:43:14.719 --> 02:43:16.040 not for Texas not for 02:43:16.040 --> 02:43:19.489 a and M what is appropriate for the city we haven't done 02:43:19.489 --> 02:43:20.120 that we haven't even 02:43:20.120 --> 02:43:25.159 discussed that understand the future and economic 02:43:25.159 --> 02:43:26.920 development of the urban tree 02:43:26.920 --> 02:43:31.520 canopy the tree value identified by staff is one way to do 02:43:31.520 --> 02:43:32.719 it but at four 02:43:32.719 --> 02:43:36.739 dollars and fifty cents a square foot we're saying the tree 02:43:36.739 --> 02:43:37.520 canopy is more 02:43:37.520 --> 02:43:42.760 valuable than the land itself you can't buy it no one's 02:43:42.760 --> 02:43:44.799 selling you can't buy 02:43:44.799 --> 02:43:52.639 commercial property at 450 the motion get is like 250 a 02:43:52.639 --> 02:43:54.440 square foot but we're 02:43:54.440 --> 02:43:57.520 saying it's valued at four dollars and fifty cents a square 02:43:57.520 --> 02:43:58.520 foot that that is 02:43:58.520 --> 02:44:05.090 it's not proportional to the value of the land update the 02:44:05.090 --> 02:44:06.920 tree trust section 02:44:06.920 --> 02:44:10.219 as we were talking that needs to be done and incorporated 02:44:10.219 --> 02:44:12.239 into this code one to 02:44:12.239 --> 02:44:16.260 one one to two is not an incentive to preserve trees it's 02:44:16.260 --> 02:44:18.719 just not you need to 02:44:18.719 --> 02:44:22.049 be almost to one to ten one to five you got to really think 02:44:22.049 --> 02:44:23.079 outside the box 02:44:23.079 --> 02:44:26.229 what's going to get a developer to preserve the tree as 02:44:26.229 --> 02:44:27.200 opposed to cutting 02:44:27.200 --> 02:44:30.620 it down and developing it and making money off the 02:44:30.620 --> 02:44:32.639 development established 02:44:32.639 --> 02:44:37.790 tree parks talked about and the last one is just ensure 02:44:37.790 --> 02:44:39.200 that city services 02:44:39.200 --> 02:44:42.420 providers aren't compliance with tree code regarding 02:44:42.420 --> 02:44:44.360 trimming and pruning this 02:44:44.360 --> 02:44:48.000 probably isn't the type of tree we want to really preserve 02:44:48.000 --> 02:44:49.079 or promote to be 02:44:49.079 --> 02:44:54.139 pruned this way and this is in the city the impact of tree 02:44:54.139 --> 02:44:57.840 removal I calculated 02:44:57.840 --> 02:45:02.069 based on the square miles of the city converted that to 02:45:02.069 --> 02:45:03.559 acreage for the comp 02:45:03.559 --> 02:45:07.280 plan we're at 19% which again in the comp plan says it's a 02:45:07.280 --> 02:45:08.399 significant tree 02:45:08.399 --> 02:45:13.549 canopy then calculated what the existing tree canopy was 02:45:13.549 --> 02:45:15.159 and then calculated what 02:45:15.159 --> 02:45:18.959 is one acre of trees how does that relate to the citywide 02:45:18.959 --> 02:45:20.639 tree canopy it's 02:45:20.639 --> 02:45:26.209 point zero zero nine percent not even a hundredth of a 02:45:26.209 --> 02:45:28.239 percent of the existing 02:45:28.239 --> 02:45:34.719 tree canopy yet an acre of trees based on a 450 square foot 02:45:34.719 --> 02:45:36.239 is a hundred and 02:45:36.239 --> 02:45:42.010 ninety six thousand dollars value at point zero zero nine 02:45:42.010 --> 02:45:43.559 percent of the 02:45:43.559 --> 02:45:47.610 existing tree canopy something isn't working out there it's 02:45:47.610 --> 02:45:48.680 not proportional 02:45:48.680 --> 02:45:51.239 to the impact of what's being you have to get to a hundred 02:45:51.239 --> 02:45:52.120 acres before you 02:45:52.120 --> 02:45:56.530 even get close to one percent of the tree canopy I'm not 02:45:56.530 --> 02:45:57.280 going to go over 02:45:57.280 --> 02:46:03.379 this example because I screwed it up and I apologize for 02:46:03.379 --> 02:46:05.719 that from the Arlington 02:46:05.719 --> 02:46:12.729 study the structural value is the issue that we take coming 02:46:12.729 --> 02:46:14.840 out of that study 02:46:14.840 --> 02:46:18.120 and what what the city staff is proposing to use the 02:46:18.120 --> 02:46:19.799 structural value 02:46:19.799 --> 02:46:25.020 there are numerous ways but the structural value is the 02:46:25.020 --> 02:46:26.120 most important 02:46:26.120 --> 02:46:29.309 impact getting to that dollar value two point seven five 02:46:29.309 --> 02:46:30.500 billion dollars in 02:46:30.500 --> 02:46:34.909 Arlington it's covered on half a page it's a full page half 02:46:34.909 --> 02:46:35.840 the page is 02:46:35.840 --> 02:46:39.600 pictures to talk about the structural value there is no 02:46:39.600 --> 02:46:40.799 information no 02:46:40.799 --> 02:46:43.329 supporting documentation is how they got to that 02:46:43.329 --> 02:46:44.680 information there's not an 02:46:44.680 --> 02:46:48.700 appendix there's nothing it's just we say here's the value 02:46:48.700 --> 02:46:50.280 it's probably 02:46:50.280 --> 02:46:56.000 correct but getting that information would be helpful and I 02:46:56.000 --> 02:46:57.159 've gone through 02:46:57.159 --> 02:47:00.510 the Arlington code and I'm playing phone tag with some of 02:47:00.510 --> 02:47:01.760 the staff but it 02:47:01.760 --> 02:47:04.760 doesn't appear that Arlington is using that value in their 02:47:04.760 --> 02:47:05.799 tree preservation 02:47:05.799 --> 02:47:09.430 tree mitigation requirements and I don't think it should be 02:47:09.430 --> 02:47:10.760 used in ours we don't 02:47:10.760 --> 02:47:15.700 think I say I a lot more the DCDA I apologize for that tree 02:47:15.700 --> 02:47:17.799 values staff was 02:47:17.799 --> 02:47:20.829 kind they gave me the this tree appraisals from Purdue 02:47:20.829 --> 02:47:21.600 University 02:47:21.600 --> 02:47:27.350 excellent reading material it's a widely accepted 02:47:27.350 --> 02:47:30.719 methodology but it lists three 02:47:30.719 --> 02:47:36.299 basic methods for to evaluate a plant the cost approach and 02:47:36.299 --> 02:47:37.840 that's how to 02:47:37.840 --> 02:47:41.520 replace it right now what's the value of to replace this 02:47:41.520 --> 02:47:43.719 tree right now and that's 02:47:43.719 --> 02:47:45.690 what the Arlington study does and that's what we're 02:47:45.690 --> 02:47:47.579 recommended what's in the 02:47:47.579 --> 02:47:51.729 code the income approach timber crop like that and then the 02:47:51.729 --> 02:47:52.959 market approach 02:47:52.959 --> 02:47:56.469 determine what the market value is of the property with and 02:47:56.469 --> 02:47:57.559 without the tree 02:47:57.559 --> 02:48:02.739 and we think it should be more related to the market value 02:48:02.739 --> 02:48:04.479 of the value of the 02:48:04.479 --> 02:48:08.620 tree as opposed to the cost approach and the other thing 02:48:08.620 --> 02:48:10.000 that I find really 02:48:10.000 --> 02:48:13.920 important in the study was that result result should be 02:48:13.920 --> 02:48:14.840 reasonable in 02:48:14.840 --> 02:48:19.840 relationship to the value of the property where it resides 02:48:19.840 --> 02:48:21.559 and I forget 02:48:21.559 --> 02:48:25.479 the number now billions of dollars a hundred and ninety six 02:48:25.479 --> 02:48:26.479 thousand dollars 02:48:26.479 --> 02:48:31.030 an acre that has no relationship to the value of the 02:48:31.030 --> 02:48:38.479 property none so it really 02:48:38.479 --> 02:48:42.540 quickly we're opposed we're not opposed to tree 02:48:42.540 --> 02:48:44.959 preservation we think it's 02:48:44.959 --> 02:48:49.819 important we're opposed to these regulations as they are 02:48:49.819 --> 02:48:53.920 written now the 02:48:53.920 --> 02:48:57.469 data that we were talking about if I may real quick there 02:48:57.469 --> 02:48:58.479 you can ask me and I 02:48:58.479 --> 02:49:06.530 can respond one of the examples is the nine cities that 02:49:06.530 --> 02:49:09.799 were analyzed they 02:49:09.799 --> 02:49:14.649 weren't and they to truly get a good analysis you almost 02:49:14.649 --> 02:49:15.200 have to take the 02:49:15.200 --> 02:49:19.260 same site and put it through each city's tree mitigation 02:49:19.260 --> 02:49:21.600 requirements you look at 02:49:21.600 --> 02:49:27.680 McKinney and this is outlined in the letter the city of McK 02:49:27.680 --> 02:49:33.399 inney exempts if 02:49:33.399 --> 02:49:41.790 you it says you have to replace quality tree six inches or 02:49:41.790 --> 02:49:43.280 greater except where 02:49:43.280 --> 02:49:48.159 they are they need to be removed to install and maintain 02:49:48.159 --> 02:49:49.719 any utility line 02:49:49.719 --> 02:49:54.649 dedicate public right away private streets and alleys fire 02:49:54.649 --> 02:49:56.319 lanes sidewalks 02:49:56.319 --> 02:50:00.600 driveways screening walls patios swimming pools parking 02:50:00.600 --> 02:50:02.479 areas hiking bike trails 02:50:02.479 --> 02:50:06.750 cut and fill drainage if you have to do any of that the 02:50:06.750 --> 02:50:08.040 trees that are impacted 02:50:08.040 --> 02:50:11.530 by that you don't have to mitigate I'm not saying we should 02:50:11.530 --> 02:50:12.799 do that but when 02:50:12.799 --> 02:50:16.350 you compare Denton to McKinney you have to know that 02:50:16.350 --> 02:50:18.200 information and that 02:50:18.200 --> 02:50:22.010 information wasn't in the analysis and it needs to be a 02:50:22.010 --> 02:50:23.600 thorough analysis of 02:50:23.600 --> 02:50:29.319 each city's mini tree mitigation needs to be provided so 02:50:29.319 --> 02:50:30.280 you have a fair 02:50:30.280 --> 02:50:34.120 comparison when you look at that the city of Denton's tree 02:50:34.120 --> 02:50:35.120 preservation 02:50:35.120 --> 02:50:39.760 shoots to the top compared to McKinney because we don't we 02:50:39.760 --> 02:50:41.280 didn't exempt any of 02:50:41.280 --> 02:50:48.079 those areas so yeah the fee of $125 now 175 sounds a little 02:50:48.079 --> 02:50:48.799 bit better than what 02:50:48.799 --> 02:50:56.280 McKinney does if I may I'm done so there are some things in 02:50:56.280 --> 02:50:56.879 tonight's 02:50:56.879 --> 02:51:02.030 presentation that we can address as we move forward the one 02:51:02.030 --> 02:51:03.159 thing I think is 02:51:03.159 --> 02:51:06.920 important is the exemptions that aren't in the code that 02:51:06.920 --> 02:51:08.079 the common sense 02:51:08.079 --> 02:51:12.309 exemptions that aren't in the code I'm sorry I've dealt 02:51:12.309 --> 02:51:13.879 with codes for the my 02:51:13.879 --> 02:51:17.440 whole profession common sense gets thrown out the window 02:51:17.440 --> 02:51:18.360 when people start reading 02:51:18.360 --> 02:51:25.250 codes you have to I think you should spell out what's you 02:51:25.250 --> 02:51:26.879 can cut down a dead 02:51:26.879 --> 02:51:31.590 tree you can cut down a disease tree you can cut down a 02:51:31.590 --> 02:51:33.120 tree of the visibility 02:51:33.120 --> 02:51:36.840 triangle those need to be in there so people know as a 02:51:36.840 --> 02:51:38.040 nursery exemptor and 02:51:38.040 --> 02:51:41.659 that I would think they are but the way it's written they 02:51:41.659 --> 02:51:43.360 're not so they sell a 02:51:43.360 --> 02:51:47.040 tree they have to mitigate that doesn't seem to make sense 02:51:47.040 --> 02:51:48.479 but and I'm sure 02:51:48.479 --> 02:51:51.700 that's not the intent but it's not in here and so someone 02:51:51.700 --> 02:51:52.799 could look at that 02:51:52.799 --> 02:52:00.399 and take advantage of that or cause problems with that and 02:52:00.399 --> 02:52:01.840 I there's a 02:52:01.840 --> 02:52:05.909 there's a lot of little things like that in the in the code 02:52:05.909 --> 02:52:07.200 that we think still 02:52:07.200 --> 02:52:09.309 need to be addressed that we had a good working 02:52:09.309 --> 02:52:11.000 relationship with the city staff 02:52:11.000 --> 02:52:14.819 I think we learned a lot from each other but we would like 02:52:14.819 --> 02:52:16.239 to see some of these 02:52:16.239 --> 02:52:20.139 other items addressed as we move forward I'd be happy to 02:52:20.139 --> 02:52:21.120 answer any questions 02:52:21.120 --> 02:52:27.840 have several Commissioner Roselle thank you and thank you 02:52:27.840 --> 02:52:28.079 for your presentation 02:52:28.079 --> 02:52:31.889 I think this PowerPoint the letter provided hopefully will 02:52:31.889 --> 02:52:32.879 be valuable as 02:52:32.879 --> 02:52:37.250 we go forward and continue to to figure all this out so I 02:52:37.250 --> 02:52:41.559 appreciate that because 02:52:41.559 --> 02:52:45.020 I'm kind of a math inclined person I want to clarify with 02:52:45.020 --> 02:52:46.280 both you and staff 02:52:46.280 --> 02:52:49.440 a number you threw out a hundred ninety six thousand 02:52:49.440 --> 02:52:51.000 dollars per acre a couple 02:52:51.000 --> 02:52:56.239 times but if I owned a acre of land that was fully treed I 02:52:56.239 --> 02:52:57.840 can cut down 70% of 02:52:57.840 --> 02:53:02.239 that with no mitigation another 15% with mitigation so if I 02:53:02.239 --> 02:53:02.760 was to cut down 02:53:02.760 --> 02:53:06.680 eighty five percent of all the trees on the acre leave only 02:53:06.680 --> 02:53:08.639 15% of trees that 02:53:08.639 --> 02:53:13.639 would cost $29,000 but it's still what is it a hundred 02:53:13.639 --> 02:53:15.319 ninety six thousand 02:53:15.319 --> 02:53:19.399 dollars an acre so you're using I'm just taking it up to 02:53:19.399 --> 02:53:20.840 four dollars and fifty 02:53:20.840 --> 02:53:26.290 cents a square foot is 196 thousand dollars I just 02:53:26.290 --> 02:53:28.040 multiplied it by 43 560 02:53:28.040 --> 02:53:33.420 just as developers look at what's the cost per acre when 02:53:33.420 --> 02:53:35.319 they develop and they 02:53:35.319 --> 02:53:38.729 expand that out when you buy commercial property usually by 02:53:38.729 --> 02:53:39.799 that by the square 02:53:39.799 --> 02:53:46.489 foot residential property large developments and you could 02:53:46.489 --> 02:53:48.760 have enough 02:53:48.760 --> 02:53:52.049 trees on your property that you get down to where you have 02:53:52.049 --> 02:53:53.159 to mitigate for an 02:53:53.159 --> 02:53:56.680 acre of trees lost sure in an exact that example if you're 02:53:56.680 --> 02:53:57.639 actually tearing down 02:53:57.639 --> 02:54:00.920 within the limits like an acre of trees that means the 02:54:00.920 --> 02:54:02.399 property you're developing 02:54:02.399 --> 02:54:07.000 is over 15 acres for you to get down to an acre of trees 02:54:07.000 --> 02:54:08.680 being the 15 like 15% 02:54:08.680 --> 02:54:14.920 that you're allowed to cut down to okay well in the McKin 02:54:14.920 --> 02:54:18.239 ney example the 15% 02:54:18.239 --> 02:54:29.149 the 30% represented 5.4 acres so 15% represented 2.6 2.7 02:54:29.149 --> 02:54:30.520 acres doing the 02:54:30.520 --> 02:54:35.059 man of mitigation now where I got a skewed I you know I 02:54:35.059 --> 02:54:35.920 multiplied that by 02:54:35.920 --> 02:54:38.600 four I don't have to do that and we planted there were over 02:54:38.600 --> 02:54:39.760 300 some trees 02:54:39.760 --> 02:54:42.530 planted on the property so there's there's some conversions 02:54:42.530 --> 02:54:43.239 there but it's 02:54:43.239 --> 02:54:47.479 two and a half acres of mitigation that needed to be done 02:54:47.479 --> 02:54:48.840 on that property 02:54:48.840 --> 02:54:56.750 assuming the same site plan like and such sir okay 02:54:56.750 --> 02:54:59.440 commissioner Dadowitz 02:54:59.440 --> 02:55:03.459 you're representing the DCDA correct correct and I'm 02:55:03.459 --> 02:55:04.760 reading from staff notes 02:55:04.760 --> 02:55:09.159 here following the P&Z presentation on March 23rd 2016 02:55:09.159 --> 02:55:10.440 staff held a series of 02:55:10.440 --> 02:55:13.059 meetings with several stakeholders groups to provide 02:55:13.059 --> 02:55:14.360 additional opportunities for 02:55:14.360 --> 02:55:17.969 review of the proposed revisions and to receive additional 02:55:17.969 --> 02:55:19.120 feedback and you're 02:55:19.120 --> 02:55:23.139 listed as one of the five groups that did you have such 02:55:23.139 --> 02:55:24.760 meetings we've had we 02:55:24.760 --> 02:55:28.729 had three or four and probably four I think and you brought 02:55:28.729 --> 02:55:29.959 up these types of 02:55:29.959 --> 02:55:32.879 concern brought up a number of these issues yes okay and I 02:55:32.879 --> 02:55:33.840 think they were 02:55:33.840 --> 02:55:38.399 all identified in that the table that you that you received 02:55:38.399 --> 02:55:38.920 the comparison 02:55:38.920 --> 02:55:42.600 table that all our issues were okay the majority of the 02:55:42.600 --> 02:55:43.440 issues were identified 02:55:43.440 --> 02:55:46.329 do you believe that within the discussions you've had and 02:55:46.329 --> 02:55:47.079 going forward 02:55:47.079 --> 02:55:50.309 there is some compromise and some give-and-take in the 02:55:50.309 --> 02:55:51.520 process that we can 02:55:51.520 --> 02:56:01.139 come to meeting of the mines honestly I think I think you 02:56:01.139 --> 02:56:02.959 're finding out why 02:56:02.959 --> 02:56:06.180 there were there was a three-year period where the tree 02:56:06.180 --> 02:56:07.479 preservation regular 02:56:07.479 --> 02:56:11.399 regulations were tried they tried to amend them and they 02:56:11.399 --> 02:56:12.479 always got to a 02:56:12.479 --> 02:56:17.739 point and it was like oh my gosh what do we do it's such a 02:56:17.739 --> 02:56:21.840 polarizing topic tree 02:56:21.840 --> 02:56:24.680 preservation no one can argue the value of the tree and the 02:56:24.680 --> 02:56:25.680 benefits that the 02:56:25.680 --> 02:56:30.440 tree gives the community again now what do you do with that 02:56:30.440 --> 02:56:31.520 information from our 02:56:31.520 --> 02:56:34.149 perspective it's a community issue that needs should be 02:56:34.149 --> 02:56:35.399 addressed yeah I'm 02:56:35.399 --> 02:56:38.489 willing to pay more in taxes to preserve trees for the city 02:56:38.489 --> 02:56:39.319 to go out and buy 02:56:39.319 --> 02:56:42.479 property to preserve it I don't know if the majority of the 02:56:42.479 --> 02:56:43.159 city of Denton 02:56:43.159 --> 02:56:48.020 residents would be willing to do that so you know it's it's 02:56:48.020 --> 02:56:50.760 a tough one in quite 02:56:50.760 --> 02:56:54.590 honestly I think a lot of folks look at it and say make the 02:56:54.590 --> 02:56:57.280 developer do it and 02:56:57.280 --> 02:57:01.299 we don't think that's fair we will do our fair share but we 02:57:01.299 --> 02:57:01.719 're not going to 02:57:01.719 --> 02:57:04.700 carry the entire burden from from your perspective what is 02:57:04.700 --> 02:57:05.760 the one or two main 02:57:05.760 --> 02:57:09.989 issues that you do feel that are just not compromisable or 02:57:09.989 --> 02:57:11.360 just you got a 02:57:11.360 --> 02:57:14.360 I don't think we have any issues that are not compromisable 02:57:14.360 --> 02:57:15.399 okay I think we're 02:57:15.399 --> 02:57:19.700 trying to identify what our concerns are I think we're we 02:57:19.700 --> 02:57:21.000 're open to a lot of 02:57:21.000 --> 02:57:25.709 that for me the number one issue would be the 450 a square 02:57:25.709 --> 02:57:27.200 foot and my answer 02:57:27.200 --> 02:57:33.680 is 40 to 50 cents a square foot I knew you were gonna ask 02:57:33.680 --> 02:57:35.719 40 to 50 cents a 02:57:35.719 --> 02:57:43.700 square foot and that's based on I apologize well that's why 02:57:43.700 --> 02:57:43.920 I brought it 02:57:43.920 --> 02:57:46.940 up earlier what how did we get to the 450 and so I knew we 02:57:46.940 --> 02:57:48.000 're all thinking the 02:57:48.000 --> 02:57:50.610 same thing here so I appreciate the comment and and then 02:57:50.610 --> 02:57:51.479 the answer by the 02:57:51.479 --> 02:57:56.899 way that that value that 450 has a rightful value of what 02:57:56.899 --> 02:57:58.399 is the replacement 02:57:58.399 --> 02:58:01.690 value of the city of Denton tree canopy if you pulled it 02:58:01.690 --> 02:58:03.040 all out and wanted to 02:58:03.040 --> 02:58:07.639 reestablish it right now that's how much it would cost we 02:58:07.639 --> 02:58:09.360 think that's not a the 02:58:09.360 --> 02:58:14.399 proper way to do that because it is a long-term solution 02:58:14.399 --> 02:58:15.319 you look at the 02:58:15.319 --> 02:58:19.239 developments I mean the the pictures of the newly created 02:58:19.239 --> 02:58:20.559 subdivision all 02:58:20.559 --> 02:58:23.059 subdivisions look like that when they're when they start 02:58:23.059 --> 02:58:24.159 out almost unless it's a 02:58:24.159 --> 02:58:27.610 really exclusive subdivision go back in ten years go back 02:58:27.610 --> 02:58:28.680 and you can do this 02:58:28.680 --> 02:58:32.959 very easily on Google Earth just by looking well this 02:58:32.959 --> 02:58:33.879 subdivision was built 02:58:33.879 --> 02:58:36.219 about ten years ago what's this look like now oh this one 02:58:36.219 --> 02:58:37.239 was built about 20 02:58:37.239 --> 02:58:40.760 look at the ones that were built 30 and 40 and 50 years ago 02:58:40.760 --> 02:58:41.680 you can't even see a 02:58:41.680 --> 02:58:46.219 rooftop there's so many trees planted I understand that 02:58:46.219 --> 02:58:47.200 because I have a house 02:58:47.200 --> 02:58:50.379 that's five years old and I'm trimming trees right now yeah 02:58:50.379 --> 02:58:51.360 because it's you 02:58:51.360 --> 02:58:55.079 know but blocking and it and it's not written in the code 02:58:55.079 --> 02:58:56.760 but right now if you 02:58:56.760 --> 02:58:59.100 wanted to cut down one of your trees you're gonna need a 02:58:59.100 --> 02:59:00.000 tree survey to get a 02:59:00.000 --> 02:59:02.770 permit from the city of Denton to cut down your tree if it 02:59:02.770 --> 02:59:03.920 's over three inches 02:59:03.920 --> 02:59:08.879 or six inches in size you're not exempt and you're gonna 02:59:08.879 --> 02:59:10.239 need a tree survey on 02:59:10.239 --> 02:59:13.540 every property to determine where the 18 inches ain't 18 02:59:13.540 --> 02:59:15.559 inch trees are and where 02:59:15.559 --> 02:59:18.250 are the three inch trees that I can cut down without a 02:59:18.250 --> 02:59:19.840 permit you're still gonna 02:59:19.840 --> 02:59:24.069 need a survey doing it by aerials is very easy to do and I 02:59:24.069 --> 02:59:25.479 agree with that if 02:59:25.479 --> 02:59:29.879 it's a if it's a heavily wooded area you get a sparsely tre 02:59:29.879 --> 02:59:31.959 ed site try to pick 02:59:31.959 --> 02:59:35.329 out where that canopy is and those little that's going to 02:59:35.329 --> 02:59:36.239 be the difficulty 02:59:36.239 --> 02:59:38.940 on the on the sites that have very few trees and the sites 02:59:38.940 --> 02:59:39.840 that have a lot of 02:59:39.840 --> 02:59:43.360 trees you outline it you know I did it on the McKinney 02:59:43.360 --> 02:59:44.760 Street example it wasn't 02:59:44.760 --> 02:59:48.319 that difficult because I had a decent aerial and we had you 02:59:48.319 --> 02:59:50.760 know so there's 02:59:50.760 --> 02:59:54.290 issues and again that's why the existing code got 02:59:54.290 --> 02:59:55.920 complicated how do you deal 02:59:55.920 --> 02:59:58.670 with the small site with just a couple trees how do you 02:59:58.670 --> 02:59:59.799 deal with the infill 02:59:59.799 --> 03:00:04.200 site how do you deal with this but the new code getting 03:00:04.200 --> 03:00:05.639 down to the trees that 03:00:05.639 --> 03:00:10.000 are exempt now that you know that's great that's you know 03:00:10.000 --> 03:00:11.239 there's a lot there 03:00:11.239 --> 03:00:15.049 are a number of things in this exists the proposed code 03:00:15.049 --> 03:00:18.520 that we do like sorry 03:00:18.520 --> 03:00:22.840 Commissioner Hedgemouth thank you sir okay so we'll get to 03:00:22.840 --> 03:00:24.000 the number again I 03:00:24.000 --> 03:00:25.799 just want to make sure I have that right I'm not gonna 03:00:25.799 --> 03:00:26.639 crunch them I'm not gonna 03:00:26.639 --> 03:00:29.440 do math on the fly I'm a whole number specialist from one 03:00:29.440 --> 03:00:32.639 to ten that's it so 03:00:32.639 --> 03:00:36.000 word of caution first looking at your slide number three 03:00:36.000 --> 03:00:38.959 where you say cities 03:00:38.959 --> 03:00:43.620 should purchase and protect and maintain important tree 03:00:43.620 --> 03:00:45.920 stands I don't ask you to 03:00:45.920 --> 03:00:49.579 respond to that I just say tread softly because next thing 03:00:49.579 --> 03:00:50.440 you know you have a 03:00:50.440 --> 03:00:53.020 piece of property in the city says we want to buy this 03:00:53.020 --> 03:00:54.000 chunk and that goes 03:00:54.000 --> 03:01:01.479 right back to what Rod touched on the tree ill-placed is a 03:01:01.479 --> 03:01:02.520 problem so now 03:01:02.520 --> 03:01:05.950 you're inviting that I don't want to I'm just saying you're 03:01:05.950 --> 03:01:07.239 saying hey city come 03:01:07.239 --> 03:01:10.840 pick out the trees you want and you purchase them from me 03:01:10.840 --> 03:01:12.040 and that seems 03:01:12.040 --> 03:01:17.200 I would say I don't want the city to condemn the property 03:01:17.200 --> 03:01:18.520 and take the trees 03:01:18.520 --> 03:01:21.879 I want the city to pay fair market value for the property 03:01:21.879 --> 03:01:23.360 that has the trees and 03:01:23.360 --> 03:01:27.290 that'll take me to your next point so you say it's just we 03:01:27.290 --> 03:01:28.600 should spell out 03:01:28.600 --> 03:01:33.840 what's in the in the ordinance what exempted that and that 03:01:33.840 --> 03:01:35.200 's not based on 03:01:35.200 --> 03:01:38.000 reality I mean it just isn't I work in the legal industry 03:01:38.000 --> 03:01:38.920 and I can find an 03:01:38.920 --> 03:01:42.809 attorney to challenge anything and we live in the land of 03:01:42.809 --> 03:01:44.280 the Constitution and 03:01:44.280 --> 03:01:46.889 everything gets run up to the Supreme Court and they argue 03:01:46.889 --> 03:01:47.639 about that then 03:01:47.639 --> 03:01:51.200 states sue again so that that's not in my humble opinion 03:01:51.200 --> 03:01:52.159 that's not based on 03:01:52.159 --> 03:01:56.389 reality to write every contingency and and that's my point 03:01:56.389 --> 03:01:57.520 exactly in your 03:01:57.520 --> 03:02:02.020 slide you don't you don't specify purchase under these 03:02:02.020 --> 03:02:02.479 particular 03:02:02.479 --> 03:02:05.489 circumstances you just said hey the city should purchase it 03:02:05.489 --> 03:02:06.520 and there's more to 03:02:06.520 --> 03:02:12.440 that and I understand that but I think I just want 03:02:14.040 --> 03:02:18.579 stakeholders in the city to get to a realistic conversation 03:02:18.579 --> 03:02:19.760 right and so I 03:02:19.760 --> 03:02:23.309 think to normalize a conversation here's some things we 03:02:23.309 --> 03:02:24.920 cannot do we cannot write 03:02:24.920 --> 03:02:29.760 a contract or anything that is going to be ironclad it just 03:02:29.760 --> 03:02:31.479 doesn't exist it not 03:02:31.479 --> 03:02:34.489 and not on this earth as we live today there's not one 03:02:34.489 --> 03:02:35.920 document that can't be 03:02:35.920 --> 03:02:39.340 challenged that's just it's not reality and so I think if 03:02:39.340 --> 03:02:40.520 we normalize it to 03:02:40.520 --> 03:02:44.530 let's get down to what we can actually do I think we'll get 03:02:44.530 --> 03:02:47.399 down the road but 03:02:47.399 --> 03:02:56.329 my other point is you touch just now on exclusive 03:02:56.329 --> 03:02:59.799 neighborhoods your words have 03:02:59.799 --> 03:03:03.120 exclusive yeah yeah you said you said exclusive and you 03:03:03.120 --> 03:03:04.600 said and talking about 03:03:04.600 --> 03:03:08.559 higher-end neighborhoods have more trees if you will so if 03:03:08.559 --> 03:03:10.079 I miss quoted you know 03:03:10.079 --> 03:03:12.399 no I'm not probably said that I should have said larger lot 03:03:12.399 --> 03:03:12.879 neighborhoods 03:03:12.879 --> 03:03:18.680 whatever it is we can agree that that is a sign of a it 03:03:18.680 --> 03:03:20.360 adds value to the 03:03:20.360 --> 03:03:22.709 neighborhood you drive around South Lake you drive around 03:03:22.709 --> 03:03:23.600 flower mound these 03:03:23.600 --> 03:03:27.010 gated communities this that and the other are gonna have 03:03:27.010 --> 03:03:28.079 these tree plots 03:03:28.079 --> 03:03:33.030 and I say that only to say the city of Denton has a market 03:03:33.030 --> 03:03:34.600 for and in need of 03:03:34.600 --> 03:03:37.930 higher-end housing I mean that's been every study on the 03:03:37.930 --> 03:03:40.319 planet so maybe this 03:03:40.319 --> 03:03:43.319 is a way to get there maybe it's a way to streamline it to 03:03:43.319 --> 03:03:44.600 a we're not building 03:03:44.600 --> 03:03:47.540 we're building certain homes where you can get you the bang 03:03:47.540 --> 03:03:48.280 for your buck I 03:03:48.280 --> 03:03:52.889 don't know that's not that's not my area of focus my focus 03:03:52.889 --> 03:03:54.280 is if we can get past 03:03:54.280 --> 03:03:57.639 some of these wedge issues and get down to and have a 03:03:57.639 --> 03:03:59.319 realistic conversation I 03:03:59.319 --> 03:04:02.700 think we can we can get along way can I address that 03:04:02.700 --> 03:04:06.280 absolutely it the reason I 03:04:06.280 --> 03:04:10.540 said that because large lot developments have the ability 03:04:10.540 --> 03:04:12.280 to be able to work in 03:04:12.280 --> 03:04:16.899 where the pad is okay and just work in a smaller area I don 03:04:16.899 --> 03:04:17.520 't have to work around 03:04:17.520 --> 03:04:21.389 the entire property when you do a typical subdivision when 03:04:21.389 --> 03:04:21.799 it is 03:04:21.799 --> 03:04:25.969 constructed you have geotechnical reports typically that 03:04:25.969 --> 03:04:26.559 say here's what 03:04:26.559 --> 03:04:31.079 you have to do underneath the pad of this house to make it 03:04:31.079 --> 03:04:32.920 be acceptable to 03:04:32.920 --> 03:04:36.159 put a foundation on it typically it means dig out some dirt 03:04:36.159 --> 03:04:37.600 put it back in 03:04:37.600 --> 03:04:44.989 at certain dampness levels compact it put another lip and a 03:04:44.989 --> 03:04:46.799 certain so you have 03:04:46.799 --> 03:04:49.540 to do that and when you're doing a large lot an acre 03:04:49.540 --> 03:04:51.059 development you do you do 03:04:51.059 --> 03:04:55.799 it pad per pad when you do a typical subdivision the 03:04:55.799 --> 03:04:57.559 economy of scales you do 03:04:57.559 --> 03:05:01.989 all the pads on one side of the street at the same time mm- 03:05:01.989 --> 03:05:03.559 hmm so the way 03:05:03.559 --> 03:05:07.620 construction happens in the real world which I think 03:05:07.620 --> 03:05:09.440 everybody needs to also 03:05:09.440 --> 03:05:15.120 understand preserving that individual tree between the lots 03:05:15.120 --> 03:05:16.159 you can't do it 03:05:16.159 --> 03:05:19.829 the geotechnical report will probably say keep trees five 03:05:19.829 --> 03:05:20.879 to ten feet away 03:05:20.879 --> 03:05:26.840 from the foundation of the house or else we won't warranty 03:05:26.840 --> 03:05:29.360 the foundation okay so 03:05:29.360 --> 03:05:35.159 the trees have to go in that area and now you have drainage 03:05:35.159 --> 03:05:36.120 responsibilities 03:05:36.120 --> 03:05:39.520 that the city of Denton put on you know in subdivision you 03:05:39.520 --> 03:05:40.639 can't let your water 03:05:40.639 --> 03:05:43.829 from one lot go across another one so every lot has to 03:05:43.829 --> 03:05:44.920 drain towards the 03:05:44.920 --> 03:05:49.319 street typically you have to grade that lot to do that so 03:05:49.319 --> 03:05:49.879 there's a lot of 03:05:49.879 --> 03:05:52.389 things and I agree with you but there's a lot of things in 03:05:52.389 --> 03:05:53.479 the construction end 03:05:53.479 --> 03:05:57.750 of this too that need to be understood to understand it 03:05:57.750 --> 03:05:59.200 again where we're 03:05:59.200 --> 03:06:03.479 coming from sure and if I may only thing I want to end with 03:06:03.479 --> 03:06:05.559 is I think we can all 03:06:05.559 --> 03:06:09.399 agree that the city of Denton has done a less than great 03:06:09.399 --> 03:06:11.200 job with the tree canopy 03:06:11.200 --> 03:06:15.360 right currently or tree I will not agree to that okay great 03:06:15.360 --> 03:06:17.000 I say we've done a 03:06:17.000 --> 03:06:19.819 less than great job and taking care of trees and I can I 03:06:19.819 --> 03:06:21.000 ask you based on what 03:06:21.000 --> 03:06:26.700 sure based on the you see a rush of developers coming in 03:06:26.700 --> 03:06:29.200 under the current to 03:06:29.200 --> 03:06:34.350 get under the radar under the currents standard to tear 03:06:34.350 --> 03:06:35.840 down trees as quickly 03:06:35.840 --> 03:06:38.340 as they can we just had an issue of that a couple of weeks 03:06:38.340 --> 03:06:39.239 ago where we couldn't 03:06:39.239 --> 03:06:42.930 do anything about it and they just scout the place and so 03:06:42.930 --> 03:06:44.600 yes I think that that's 03:06:44.600 --> 03:06:48.229 motor and I'm just saying if I if I proffer a deal and 03:06:48.229 --> 03:06:49.680 someone does not 03:06:49.680 --> 03:06:52.540 hesitate like if you if you show up and like I got a car 03:06:52.540 --> 03:06:53.680 for you and you just 03:06:53.680 --> 03:06:56.350 sign on the dotted line and drive off that's a problem 03:06:56.350 --> 03:06:57.200 there needs to be some 03:06:57.200 --> 03:07:00.000 negotiations I mean it's just just reading the tea leaves 03:07:00.000 --> 03:07:00.760 right I'm not 03:07:00.760 --> 03:07:02.879 I'm not crunching numbers I'm just reading the tea leaves 03:07:02.879 --> 03:07:03.479 what's the hurry 03:07:03.479 --> 03:07:07.280 what is the hurry to get it done but for some nefarious 03:07:07.280 --> 03:07:09.000 means some motivation 03:07:09.000 --> 03:07:11.399 some whatever it is I'm not saying it's good bad and 03:07:11.399 --> 03:07:12.319 different it's saving money 03:07:12.319 --> 03:07:15.559 I'm all for saving money you know so the place where the 03:07:15.559 --> 03:07:16.639 economy is right now 03:07:16.639 --> 03:07:19.879 sure to sell houses the interest rates are low so you want 03:07:19.879 --> 03:07:20.360 to get your 03:07:20.360 --> 03:07:23.079 development on the ground as soon as possible okay so in my 03:07:23.079 --> 03:07:23.920 humble opinion 03:07:23.920 --> 03:07:28.559 we've not done well okay okay and so then that is the very 03:07:28.559 --> 03:07:29.719 basis if I start 03:07:29.719 --> 03:07:32.170 with that emphasis that hey I don't think the city of didn 03:07:32.170 --> 03:07:32.920 't has done well 03:07:32.920 --> 03:07:37.520 preserving trees then your numbers quoting the status quo 03:07:37.520 --> 03:07:38.760 were automatically 03:07:38.760 --> 03:07:43.120 at odds I mean if you don't think that the current standard 03:07:43.120 --> 03:07:43.920 if you think the 03:07:43.920 --> 03:07:47.440 current standard for trees is okay and that's what you base 03:07:47.440 --> 03:07:48.520 your your number 03:07:48.520 --> 03:07:51.729 that's not that that says it says if all you do is maintain 03:07:51.729 --> 03:07:53.079 the status the 03:07:53.079 --> 03:07:55.590 existing tree all you're doing is maintaining the status 03:07:55.590 --> 03:07:56.680 quo in order to 03:07:56.680 --> 03:07:59.299 increase tree canopy you need to plant trees that's what 03:07:59.299 --> 03:08:01.079 that says right and so 03:08:01.079 --> 03:08:07.420 I disagree and so based on that I disagree one two three 03:08:07.420 --> 03:08:09.120 four five six eight 03:08:09.120 --> 03:08:12.500 or nine whatever slide that is you know I disagree and so 03:08:12.500 --> 03:08:13.680 just for what it's 03:08:13.680 --> 03:08:17.700 worth just so it's out there I don't think we should we 03:08:17.700 --> 03:08:19.719 should the the goal 03:08:19.719 --> 03:08:23.780 is to get better every day and not maintain nothing stays 03:08:23.780 --> 03:08:24.399 the same either 03:08:24.399 --> 03:08:27.079 gets better or worse again in my humble opinion we can 03:08:27.079 --> 03:08:28.399 disagree but I'm done 03:08:28.399 --> 03:08:34.639 thank you okay a couple more questions Commissioner Tyler 03:08:34.639 --> 03:08:37.120 thank you Mr. 03:08:37.120 --> 03:08:41.719 Reichardt I have a just a couple of questions I think I 03:08:41.719 --> 03:08:42.520 actually agree with 03:08:42.520 --> 03:08:44.870 you on the single-family and small lot exemption I think 03:08:44.870 --> 03:08:45.799 that's that is going 03:08:45.799 --> 03:08:49.559 to be a challenge I think it's going to be addressed let me 03:08:49.559 --> 03:08:51.159 find my question 03:08:51.159 --> 03:08:57.120 written down somewhere oh yeah I noticed in the first page 03:08:57.120 --> 03:08:57.479 of the letter 03:08:57.479 --> 03:09:03.239 you mentioned landscape regulations as a better solution I 03:09:03.239 --> 03:09:05.719 think that's a there 03:09:05.719 --> 03:09:08.620 there are two aspects I think of tree ordinance one is 03:09:08.620 --> 03:09:09.760 preservation you know 03:09:09.760 --> 03:09:12.770 buying sections of forests to preserve and then there is 03:09:12.770 --> 03:09:13.920 the like street tree 03:09:13.920 --> 03:09:20.379 built atmosphere so on landscape regulations you have a lot 03:09:20.379 --> 03:09:20.879 of experience 03:09:20.879 --> 03:09:25.239 in this area what kind of what could we do in single-family 03:09:25.239 --> 03:09:26.479 areas to encourage 03:09:26.479 --> 03:09:30.809 the what we're looking for the desirable street tree we are 03:09:30.809 --> 03:09:31.719 there already is a 03:09:31.719 --> 03:09:37.139 street tree requirement and an aside note the proposed code 03:09:37.139 --> 03:09:38.719 exempts the city of 03:09:38.719 --> 03:09:41.659 Denton from having to have to plant street trees it's in 03:09:41.659 --> 03:09:43.040 this code right now 03:09:43.040 --> 03:09:46.579 I don't know if you knew that there is a section that 03:09:46.579 --> 03:09:48.120 exempts the city of Denton 03:09:48.120 --> 03:09:55.030 from planting street trees so there is already a on my the 03:09:55.030 --> 03:09:56.600 way I look at 03:09:56.600 --> 03:09:59.350 residential developments I look from the front of the from 03:09:59.350 --> 03:10:00.440 the front of the house 03:10:00.440 --> 03:10:03.760 to the other side of the street that's the public realm 03:10:03.760 --> 03:10:05.280 okay what happens in 03:10:05.280 --> 03:10:09.190 that area is what I think the city should be concerned with 03:10:09.190 --> 03:10:09.840 you know the 03:10:09.840 --> 03:10:12.620 safety in the backyard and shed locations that that's 03:10:12.620 --> 03:10:13.879 different but as far as 03:10:13.879 --> 03:10:16.440 landscape and an image that's where that's where you get 03:10:16.440 --> 03:10:17.120 your bang for your 03:10:17.120 --> 03:10:20.219 buck there already is a street tree planting requirement 03:10:20.219 --> 03:10:21.200 and again I haven't 03:10:21.200 --> 03:10:25.120 done work in the city in a number of years but there's a 03:10:25.120 --> 03:10:26.639 street tree planting 03:10:26.639 --> 03:10:32.969 requirement I think it's having you know most developers I 03:10:32.969 --> 03:10:34.280 can't say all but most 03:10:34.280 --> 03:10:39.280 developers will plant at least one if not two trees per lot 03:10:39.280 --> 03:10:41.600 I think the city 03:10:41.600 --> 03:10:45.950 needs to look at that a little closer and you really need 03:10:45.950 --> 03:10:47.239 to dive into it a 03:10:47.239 --> 03:10:50.059 little bit because there's requirements in the code that a 03:10:50.059 --> 03:10:50.840 tree has to be X 03:10:50.840 --> 03:10:56.149 number of feet away from a sanitary sewer line a water line 03:10:56.149 --> 03:10:58.040 sidewalk and 03:10:58.040 --> 03:11:01.569 mailbox driveway so when you get down to it there's very 03:11:01.569 --> 03:11:03.079 limited space on some 03:11:03.079 --> 03:11:06.540 lots where you can actually put a tree but you maybe make a 03:11:06.540 --> 03:11:07.639 regulation that 03:11:07.639 --> 03:11:11.360 there has to be at least one at least or maybe depend on a 03:11:11.360 --> 03:11:12.719 lot with number of 03:11:12.719 --> 03:11:19.760 trees per front yard and I agree that and I think the 03:11:19.760 --> 03:11:21.200 street trees if I'm not 03:11:21.200 --> 03:11:24.620 mistaken I'm not sure if they can be planted in the right 03:11:24.620 --> 03:11:26.559 away or not there 03:11:26.559 --> 03:11:30.920 was when I was at the city we had a huge roundtable 03:11:30.920 --> 03:11:33.000 discussion if you will with 03:11:33.000 --> 03:11:37.809 the streets and utilities and that little five foot 03:11:37.809 --> 03:11:39.760 landscape strip I think 03:11:39.760 --> 03:11:43.250 was utilities didn't want the trees to go in there so now 03:11:43.250 --> 03:11:44.399 you're pushing them 03:11:44.399 --> 03:11:47.959 out in the back into the front yards and you're not going 03:11:47.959 --> 03:11:49.239 to get that streetscape 03:11:49.239 --> 03:11:53.180 I'm all for planting the trees in the tree island I think 03:11:53.180 --> 03:11:54.239 you get the better 03:11:54.239 --> 03:11:58.260 the better appearance the better look I personally I think 03:11:58.260 --> 03:12:00.120 each street each 03:12:00.120 --> 03:12:04.500 street should be the same species that's where you get the 03:12:04.500 --> 03:12:05.920 real nice look and 03:12:05.920 --> 03:12:09.530 then the next street can be a different species it unifies 03:12:09.530 --> 03:12:11.079 the street you can 03:12:11.079 --> 03:12:16.440 use a root barrier under the sidewalks and adjacent to the 03:12:16.440 --> 03:12:17.319 utilities to keep 03:12:17.319 --> 03:12:23.299 the roots out of the trees or out of the utilities so there 03:12:23.299 --> 03:12:24.040 's there's a number 03:12:24.040 --> 03:12:27.879 of things where the location of where that street tree is 03:12:27.879 --> 03:12:29.120 required is probably 03:12:29.120 --> 03:12:32.840 the first thing to look at in the code thank you sure 03:12:32.840 --> 03:12:36.969 Commissioner Roselle I appreciate the second go at this I 03:12:36.969 --> 03:12:38.040 hope I keep this 03:12:38.040 --> 03:12:41.280 short your last slide with the numbers was actually quite 03:12:41.280 --> 03:12:42.040 helpful for me to 03:12:42.040 --> 03:12:45.799 understand I understand that you multiplied by four so the 03:12:45.799 --> 03:12:46.799 numbers aren't 03:12:46.799 --> 03:12:54.500 exactly accurate here's my last slide yeah this one no no 03:12:54.500 --> 03:12:55.360 it actually has the 03:12:55.360 --> 03:12:59.280 chart oh she did it's where he came up with a hundred 03:12:59.280 --> 03:13:00.879 ninety six thousand 03:13:00.879 --> 03:13:03.639 dollars or whatever this one no it's actually just like an 03:13:03.639 --> 03:13:04.239 Excel spreadsheet 03:13:04.239 --> 03:13:11.870 oh the one per tree here that one no it's I don't think it 03:13:11.870 --> 03:13:14.000 matters it's the 03:13:14.000 --> 03:13:16.819 page that says there's a price the Cypress campus I'm a 03:13:16.819 --> 03:13:17.319 Kenny project 03:13:17.319 --> 03:13:20.409 that's the one that that's the one you really shouldn't 03:13:20.409 --> 03:13:21.440 look at yeah well I 03:13:21.440 --> 03:13:25.209 corrected the numbers and I got to where he got the ninety 03:13:25.209 --> 03:13:26.399 one ninety six per 03:13:26.399 --> 03:13:30.430 acre number hopefully on the same page now probably the one 03:13:30.430 --> 03:13:31.959 night so that one 03:13:31.959 --> 03:13:34.309 ninety six is based on the four dollars and fifty cents 03:13:34.309 --> 03:13:35.239 yeah which is how you 03:13:35.239 --> 03:13:39.079 suggested forty cents or forty to fifty cents yeah but and 03:13:39.079 --> 03:13:40.239 again you can't use 03:13:40.239 --> 03:13:44.360 those numbers because how I they are they are off okay 03:13:44.360 --> 03:13:45.799 because you get credit 03:13:45.799 --> 03:13:49.040 for planting trees or over 300 trees planted on this site 03:13:49.040 --> 03:13:50.399 sure the numbers 03:13:50.399 --> 03:13:59.000 have to be reworked again up to the I think I had it and 03:13:59.000 --> 03:14:00.319 comparing the old 03:14:00.319 --> 03:14:03.120 code with the new code is because the old code was inches 03:14:03.120 --> 03:14:04.040 caliper inches or 03:14:04.040 --> 03:14:10.879 new code isn't you know but the the 15% requirement is 2.7 03:14:10.879 --> 03:14:12.360 acres of the canopy 03:14:12.360 --> 03:14:16.959 right on the property right 117 square feet I gotcha okay I 03:14:16.959 --> 03:14:18.600 guess just to try 03:14:18.600 --> 03:14:23.559 to get to my question your proposal is roughly a tenth of 03:14:23.559 --> 03:14:24.520 what's been mentioned 03:14:24.520 --> 03:14:28.360 and of course as developer I'd rather pay 19,000 per acre 03:14:28.360 --> 03:14:30.079 than 196,000 per 03:14:30.079 --> 03:14:32.879 acre I get that but if the mitigation is to kind of 03:14:32.879 --> 03:14:34.360 incentivize the preservation 03:14:34.360 --> 03:14:36.950 of trees from a developer standpoint I'm making assumptions 03:14:36.950 --> 03:14:38.040 I'm not a developer 03:14:38.040 --> 03:14:41.149 if there's an acre of trees and it's gonna cost me 17,000 03:14:41.149 --> 03:14:42.200 to tear down might 03:14:42.200 --> 03:14:45.600 be a no-brainer at 196,000 dollars now I'm thinking about 03:14:45.600 --> 03:14:47.040 it which seems to be 03:14:47.040 --> 03:14:50.750 the point of the high cost for mitigation so my question I 03:14:50.750 --> 03:14:51.600 guess to you 03:14:51.600 --> 03:14:56.520 is at that price at 196,000 dollars an acre how does that 03:14:56.520 --> 03:14:57.280 impact your 03:14:57.280 --> 03:15:01.200 developing does that to Gerard's point does that make you 03:15:01.200 --> 03:15:02.159 rethink maybe putting 03:15:02.159 --> 03:15:05.049 more trees in a lot or that makes me walk away from the 03:15:05.049 --> 03:15:06.520 property that so that 03:15:06.520 --> 03:15:09.569 amount that property is no longer of any value to any 03:15:09.569 --> 03:15:10.920 developer the property 03:15:10.920 --> 03:15:15.729 owner is gonna be stuck with it until he loses it with 03:15:15.729 --> 03:15:17.440 taxes no one's gonna buy 03:15:17.440 --> 03:15:20.930 it because everybody does due diligence sure before they 03:15:20.930 --> 03:15:22.000 purchase the property 03:15:22.000 --> 03:15:24.250 and they look at all the ordinances and the impact the 03:15:24.250 --> 03:15:26.280 ordinance will have and 03:15:26.280 --> 03:15:31.159 that price whatever the number is is gonna get spread out 03:15:31.159 --> 03:15:32.479 over the per acre 03:15:32.479 --> 03:15:36.040 cost for the property and once that gets to a certain point 03:15:36.040 --> 03:15:37.600 it's you can't make a 03:15:37.600 --> 03:15:40.680 profit so you can't develop it I totally get that and I 03:15:40.680 --> 03:15:41.879 think that's maybe to 03:15:41.879 --> 03:15:45.639 where I'm my point is is if we're starting at a negotiation 03:15:45.639 --> 03:15:48.200 at at 40 cents 03:15:48.200 --> 03:15:53.360 an acre that is a no-brainer for you but at 196,000 dollars 03:15:53.360 --> 03:15:54.100 maybe that's a deal 03:15:54.100 --> 03:15:56.879 breaker so maybe 450 is way too high because it's not 03:15:56.879 --> 03:15:57.639 actually encouraging 03:15:57.639 --> 03:16:01.770 development in tree preservations it's killing it but at 40 03:16:01.770 --> 03:16:02.639 cents we're not 03:16:02.639 --> 03:16:06.319 even getting close to trying to to incentivize tree 03:16:06.319 --> 03:16:07.760 mitigation so your 03:16:07.760 --> 03:16:09.600 feedback is helpful to maybe understand that there's a 03:16:09.600 --> 03:16:10.399 number in between that 03:16:10.399 --> 03:16:12.739 that maybe the city doesn't think is great but as a 03:16:12.739 --> 03:16:14.040 developer it's also like 03:16:14.040 --> 03:16:16.739 well man that's gonna make me think do I want to pay this 03:16:16.739 --> 03:16:17.799 or actually I'm sure 03:16:17.799 --> 03:16:21.729 there's a number out there that the 40 to 50 cents is 03:16:21.729 --> 03:16:23.879 basically the cost of a 03:16:23.879 --> 03:16:30.000 three inch tree three inches times 175 divided by 1256 I 03:16:30.000 --> 03:16:31.620 mean I just it came 03:16:31.620 --> 03:16:35.879 off the top of my head so that's the mitigation now you 03:16:35.879 --> 03:16:37.079 want to say you know 03:16:37.079 --> 03:16:40.680 it maybe it needs to be a buck maybe it needs 75 cents and 03:16:40.680 --> 03:16:42.120 and really what needs 03:16:42.120 --> 03:16:46.139 to be done is look at a get to the point okay here's how 03:16:46.139 --> 03:16:48.479 much how much canopy I 03:16:48.479 --> 03:16:52.620 need to preserve and start plugging numbers in and see what 03:16:52.620 --> 03:16:54.159 makes sense it 03:16:54.159 --> 03:16:59.770 can't be more than the value of the land and that's the 450 03:16:59.770 --> 03:17:01.319 a square foot that's 03:17:01.319 --> 03:17:04.969 more than the value of the land by adding an additional 50 03:17:04.969 --> 03:17:05.760 cents a square 03:17:05.760 --> 03:17:10.469 foot you're increasing the let me do the math real quick 03:17:10.469 --> 03:17:14.440 here sorry and I guess 03:17:14.440 --> 03:17:16.979 why you're doing the math just to so you know my 03:17:16.979 --> 03:17:18.840 perspective it doesn't sound 03:17:18.840 --> 03:17:23.110 that adds twenty one thousand seven hundred dollars an acre 03:17:23.110 --> 03:17:23.600 to the 03:17:23.600 --> 03:17:27.360 development that's substantial I don't I don't disagree I 03:17:27.360 --> 03:17:29.479 agree but I guess I'm 03:17:29.479 --> 03:17:33.040 having a tough time understanding that it's for the 450 is 03:17:33.040 --> 03:17:33.760 more than the price 03:17:33.760 --> 03:17:37.680 of the land because in fact that 450 is over I mean 18 03:17:37.680 --> 03:17:39.000 acres of trees 03:17:39.000 --> 03:17:42.690 potentially not necessarily no sure what the 450 is per 03:17:42.690 --> 03:17:43.879 square foot and 03:17:43.879 --> 03:17:46.770 understood but you're taking out in this project how many 03:17:46.770 --> 03:17:47.680 how many acres of 03:17:47.680 --> 03:17:54.680 trees did you take out no under the new code there is 18 03:17:54.680 --> 03:17:56.200 acres of canopy right 03:17:56.200 --> 03:18:02.860 okay we took out let's we preserved two points two point 03:18:02.860 --> 03:18:05.120 eight acres so you took 03:18:05.120 --> 03:18:14.360 out over 15 acres of trees so 15 acres is the one point six 03:18:14.360 --> 03:18:15.040 million dollars 03:18:15.040 --> 03:18:26.040 over no 16 acres no that's well we're looking at it in here 03:18:26.040 --> 03:18:27.159 we probably need 03:18:27.159 --> 03:18:30.129 more discussion though we should be doing right here but 03:18:30.129 --> 03:18:33.959 that 16 acres we 03:18:33.959 --> 03:18:37.610 took out 15 acres whatever the number is is allowed per 03:18:37.610 --> 03:18:39.879 code sure now change that 03:18:39.879 --> 03:18:43.690 50% and that now that now we're talking different numbers 03:18:43.690 --> 03:18:45.159 you're almost wanting 03:18:45.159 --> 03:18:48.290 to penalize the developer for taking out what he was 03:18:48.290 --> 03:18:50.479 allowed to take out I'm not 03:18:50.479 --> 03:18:51.989 trying to do that and maybe we're getting into weeds a 03:18:51.989 --> 03:18:52.840 little bit it's I'm 03:18:52.840 --> 03:18:57.280 just having a tough time with the the assumption that it's 03:18:57.280 --> 03:18:58.840 actually more than 03:18:58.840 --> 03:19:01.290 the value of the land but it might not be worth this 03:19:01.290 --> 03:19:04.159 conversation so okay and 03:19:04.159 --> 03:19:11.209 over the real quick numbers I and I just took it to two 03:19:11.209 --> 03:19:12.399 acres of trees instead of 03:19:12.399 --> 03:19:18.790 the 2.6 it added over the cost of the entire projects that 03:19:18.790 --> 03:19:19.239 I think it would 03:19:19.239 --> 03:19:26.629 add 1800 to $2,000 at the 50 cents a square foot and that's 03:19:26.629 --> 03:19:27.319 still you know 03:19:27.319 --> 03:19:31.000 over the per acre cost of the development that's pretty 03:19:31.000 --> 03:19:32.239 substantial it 03:19:32.239 --> 03:19:34.639 really is 03:19:36.760 --> 03:19:41.680 round two Commissioner Dudowitz this discussion has been 03:19:41.680 --> 03:19:42.639 very helpful but 03:19:42.639 --> 03:19:46.450 you've said something that sparked a question you said 03:19:46.450 --> 03:19:48.040 there is a point in 03:19:48.040 --> 03:19:51.850 place where developer walk away rendering that property 03:19:51.850 --> 03:19:53.479 useless this is 03:19:53.479 --> 03:19:56.840 a question for legal does any of this discussion or any of 03:19:56.840 --> 03:19:57.680 these proposed 03:19:57.680 --> 03:20:01.940 ordinances get into a point of regulatory taking well that 03:20:01.940 --> 03:20:03.000 's what they're hinting 03:20:03.000 --> 03:20:06.639 at what they've said in their letters that there's no nexus 03:20:06.639 --> 03:20:07.280 I'm sorry what 03:20:07.280 --> 03:20:09.559 they've said in their letter is that there is no nexus 03:20:09.559 --> 03:20:10.520 between what we're 03:20:10.520 --> 03:20:13.610 requiring of them and the impact that they have on the 03:20:13.610 --> 03:20:14.760 property and so there's 03:20:14.760 --> 03:20:19.440 no proportionality that's their argument we would have to 03:20:19.440 --> 03:20:21.360 discuss that as to 03:20:21.360 --> 03:20:25.139 whether or not it meets that threshold legally yeah I just 03:20:25.139 --> 03:20:25.719 want to make sure 03:20:25.719 --> 03:20:28.709 that it's gonna come out somewhere along the way as being 03:20:28.709 --> 03:20:29.799 an issue I want to make 03:20:29.799 --> 03:20:33.870 sure we discuss it openly so that we're very clear thank 03:20:33.870 --> 03:20:36.000 you and we believe 03:20:36.000 --> 03:20:38.360 there is a point where it is a taken there is a point where 03:20:38.360 --> 03:20:39.520 it isn't that it's 03:20:39.520 --> 03:20:45.120 a yeah you know part of doing development we don't think we 03:20:45.120 --> 03:20:45.399 're at that 03:20:45.399 --> 03:20:50.819 point well they know other questions but mine I'm like it's 03:20:50.819 --> 03:20:51.639 kind of a final 03:20:51.639 --> 03:20:54.680 comment that's one of the reasons because of all the 03:20:54.680 --> 03:20:55.440 discussion that we 03:20:55.440 --> 03:20:58.930 have about individual projects and how it impacts 03:20:58.930 --> 03:21:00.559 individual sites individual 03:21:00.559 --> 03:21:05.049 property owners and why I threw out the idea to consider if 03:21:05.049 --> 03:21:06.239 this becomes more of 03:21:06.239 --> 03:21:10.350 a public issue and we are not are no longer looking at 03:21:10.350 --> 03:21:12.120 individual sites that 03:21:12.120 --> 03:21:15.340 you can't develop this one or you can develop that one it 03:21:15.340 --> 03:21:16.920 becomes there's a 03:21:16.920 --> 03:21:20.700 fee tree fee whatever you want to call it per lot whatever 03:21:20.700 --> 03:21:21.600 it is it goes into 03:21:21.600 --> 03:21:25.649 the tree fun the city goes and buys these areas public use 03:21:25.649 --> 03:21:26.760 them and we get 03:21:26.760 --> 03:21:29.770 away from all this trying to preserve trees and this 03:21:29.770 --> 03:21:31.239 particular property owner 03:21:31.239 --> 03:21:36.059 has a heavily tree property and therefore the value of it 03:21:36.059 --> 03:21:37.319 is diminished 03:21:37.319 --> 03:21:39.909 this particular one is the other and there's a whole 03:21:39.909 --> 03:21:41.559 different concept to 03:21:41.559 --> 03:21:45.879 even look at so that's interesting we've had a lot of 03:21:45.879 --> 03:21:47.719 questions on from your 03:21:47.719 --> 03:21:51.340 PowerPoint and I want to ask hey we're just step up don't 03:21:51.340 --> 03:21:52.360 have any other 03:21:52.360 --> 03:21:56.030 questions around the board and just give some feedback to 03:21:56.030 --> 03:21:57.000 the Commission we've 03:21:57.000 --> 03:22:00.489 had a PowerPoint a lot of discussion and I want to just get 03:22:00.489 --> 03:22:01.559 some feedback from 03:22:01.559 --> 03:22:03.700 you about some of your thoughts about the PowerPoint some 03:22:03.700 --> 03:22:04.559 of the questions and 03:22:04.559 --> 03:22:08.170 anything that you may want to address or correct or have a 03:22:08.170 --> 03:22:09.159 different point of 03:22:09.159 --> 03:22:13.079 view on to keep keep us moving in the right direction okay 03:22:13.079 --> 03:22:14.559 just a couple 03:22:14.559 --> 03:22:17.290 points of clarification there were some I didn't write down 03:22:17.290 --> 03:22:18.159 but did write down a 03:22:18.159 --> 03:22:23.309 few the statement about the city city exemption cities 03:22:23.309 --> 03:22:24.559 being completely 03:22:24.559 --> 03:22:28.579 exempt including from the street tree requirement the 03:22:28.579 --> 03:22:29.659 exemptions in the 03:22:29.659 --> 03:22:33.010 preservation part of this ordinance pertain to the 03:22:33.010 --> 03:22:35.200 preservation of trees the 03:22:35.200 --> 03:22:37.379 mitigation of trees and the protection of trees during 03:22:37.379 --> 03:22:38.620 construction there is no 03:22:38.620 --> 03:22:42.040 exemption from the city from planting trees on newly 03:22:42.040 --> 03:22:44.040 constructed streets and 03:22:44.040 --> 03:22:50.190 the city of Denton the other point of clarification there 03:22:50.190 --> 03:22:51.159 was a statement made 03:22:51.159 --> 03:22:55.979 about having you know our neighborhoods with you know the 03:22:55.979 --> 03:22:57.719 same species of tree 03:22:57.719 --> 03:23:00.969 on this block the same species on that block well in the 03:23:00.969 --> 03:23:02.719 industry my industry 03:23:02.719 --> 03:23:06.969 in urban forestry we learned in the 50s and 60s the danger 03:23:06.969 --> 03:23:08.200 of model cultures 03:23:08.200 --> 03:23:11.389 which is basically having the same type of tree in one 03:23:11.389 --> 03:23:12.479 block we learned that 03:23:12.479 --> 03:23:17.790 with the American elm tree and a meant on Dutch Elm disease 03:23:17.790 --> 03:23:18.680 where our 03:23:18.680 --> 03:23:24.030 neighborhoods were devastated and completely stripped of 03:23:24.030 --> 03:23:25.159 trees we're 03:23:25.159 --> 03:23:27.680 seeing the same thing in the other side and that's the 03:23:27.680 --> 03:23:28.680 reason why the city 03:23:28.680 --> 03:23:31.420 of Milwaukee is actually treating trees because they have 03:23:31.420 --> 03:23:32.440 some blocks that you 03:23:32.440 --> 03:23:35.000 know ash trees were our own trees were cut down and they 03:23:35.000 --> 03:23:36.079 went back and planted 03:23:36.079 --> 03:23:39.639 in the ash trees well now there's a bug that's attracting 03:23:39.639 --> 03:23:41.879 to the to the ash so 03:23:41.879 --> 03:23:46.309 you know culturally speaking you always want to have a good 03:23:46.309 --> 03:23:47.840 species diversity 03:23:47.840 --> 03:23:52.989 wherever you're planting trees that the last point and this 03:23:52.989 --> 03:23:54.399 is more just just my 03:23:54.399 --> 03:23:58.690 you know personal you know thoughts on the cost that 03:23:58.690 --> 03:24:01.399 preservation would add per 03:24:01.399 --> 03:24:05.319 house site I think you know let us say it was around 2000 a 03:24:05.319 --> 03:24:07.200 little over 2000 if 03:24:07.200 --> 03:24:10.170 I'm looking for a house I'm in the market for a house that 03:24:10.170 --> 03:24:11.760 's 200 and 250 03:24:11.760 --> 03:24:15.559 300 thousand dollars two thousand dollars added to the cost 03:24:15.559 --> 03:24:16.200 of that house 03:24:16.200 --> 03:24:19.399 is not going to be a deal break for someone in that market 03:24:19.399 --> 03:24:20.579 that's just my 03:24:20.579 --> 03:24:24.040 opinion that's not going to make someone walk away from 03:24:24.040 --> 03:24:25.920 from purchasing that home 03:24:25.920 --> 03:24:31.450 the other thing is and this is an observation I've seen 03:24:31.450 --> 03:24:32.020 with with 03:24:32.020 --> 03:24:34.280 preservation of trees and development here in Denton 03:24:34.280 --> 03:24:35.639 everything within the 03:24:35.639 --> 03:24:38.750 neighborhoods seem to be very compartmentalized we have 03:24:38.750 --> 03:24:39.479 this section 03:24:39.479 --> 03:24:41.840 for our houses we have this section generally for a tree 03:24:41.840 --> 03:24:42.639 preservation we 03:24:42.639 --> 03:24:47.280 have this section for you know detention of water well I 03:24:47.280 --> 03:24:49.360 think there's a better 03:24:49.360 --> 03:24:53.590 approach to to look at development that we should consider 03:24:53.590 --> 03:24:54.840 is you know a more 03:24:54.840 --> 03:24:58.459 holistic approach as far as you know using the ice-worn 03:24:58.459 --> 03:24:59.479 standards for 03:24:59.479 --> 03:25:02.899 integrating detention in multiple spots within the 03:25:02.899 --> 03:25:05.120 development even you know 03:25:05.120 --> 03:25:08.600 there was a mention of Villas de Carmel that had the five 03:25:08.600 --> 03:25:10.200 acre tree park there's 03:25:10.200 --> 03:25:13.000 nothing in the development requirements that state that 03:25:13.000 --> 03:25:13.920 tree preservation has to 03:25:13.920 --> 03:25:16.940 be in one area there's nothing that says that you can't 03:25:16.940 --> 03:25:18.159 have that in our six 03:25:18.159 --> 03:25:22.590 development and have you know for linear parks between the 03:25:22.590 --> 03:25:24.319 backs of houses where 03:25:24.319 --> 03:25:27.899 you're stretching out that five acres over blocks within 03:25:27.899 --> 03:25:29.239 your development and 03:25:29.239 --> 03:25:32.649 getting those out those trees in the backyards of the 03:25:32.649 --> 03:25:34.159 residents where they 03:25:34.159 --> 03:25:37.700 can actually enjoy those trees so there's more than one way 03:25:37.700 --> 03:25:38.360 to look at 03:25:38.360 --> 03:25:41.889 development it just seems like here there seems to be 03:25:41.889 --> 03:25:43.920 compartmentalization 03:25:43.920 --> 03:25:46.969 of the requirements and the functions and it really should 03:25:46.969 --> 03:25:48.000 be more integrated 03:25:48.000 --> 03:25:51.750 okay I got a question another question for Commissioner 03:25:51.750 --> 03:25:53.559 Taylor thank you chair 03:25:53.559 --> 03:25:57.920 mr. Morgan there was I believe it was the first 03:25:57.920 --> 03:25:59.319 presentation of the first speaker 03:25:59.319 --> 03:26:02.920 brought up some questions about we're not following the 03:26:02.920 --> 03:26:04.280 comp plan because we 03:26:04.280 --> 03:26:07.709 don't have a study of the economic value of trees are we 03:26:07.709 --> 03:26:10.399 planning a study on the 03:26:10.399 --> 03:26:13.170 tree canopy and the economic value to the city that we're 03:26:13.170 --> 03:26:14.399 actually in the 03:26:14.399 --> 03:26:17.700 process of performing an eye tree eco-assessment which is 03:26:17.700 --> 03:26:18.440 the equivalent 03:26:18.440 --> 03:26:21.540 of an economic study of the value of trees the benefits 03:26:21.540 --> 03:26:22.959 that they provide and 03:26:22.959 --> 03:26:26.469 also an urban tree count analysis that actually goes into 03:26:26.469 --> 03:26:27.799 further depth in the 03:26:27.799 --> 03:26:30.100 benefits that we're deriving from our trees here in the 03:26:30.100 --> 03:26:31.399 state of Denton we 03:26:31.399 --> 03:26:34.299 expect that study to be completed if I'm not mistaken it's 03:26:34.299 --> 03:26:35.600 either October November 03:26:35.600 --> 03:26:39.620 this year okay and would use in the more detailed study 03:26:39.620 --> 03:26:41.159 would it be able would 03:26:41.159 --> 03:26:46.309 would we be able to identify most densely covered large 03:26:46.309 --> 03:26:47.760 parcels in that 03:26:47.760 --> 03:26:50.469 we could look at like the the lots that have the highest 03:26:50.469 --> 03:26:51.860 percentage of canopy or 03:26:51.860 --> 03:26:58.520 things like that absolutely okay thank you any other 03:26:58.520 --> 03:27:01.799 questions thank you 03:27:01.799 --> 03:27:07.459 anyone thank the public again this is a public hearing we 03:27:07.459 --> 03:27:08.799 're going to continue 03:27:08.799 --> 03:27:12.500 with our cards anyone else that would like to speak if you 03:27:12.500 --> 03:27:13.399 haven't already 03:27:13.399 --> 03:27:18.010 filled out a card please do please do so the next speaker I 03:27:18.010 --> 03:27:20.120 have is David Lindke 03:27:20.120 --> 03:27:24.879 to be followed by Mindy White 03:27:27.879 --> 03:27:32.549 David Lindke with the Dallas Builders Association 5816 West 03:27:32.549 --> 03:27:34.159 Plano Parkway 03:27:34.159 --> 03:27:36.750 you've kind of heard pretty much from the development 03:27:36.750 --> 03:27:38.000 community it covers all 03:27:38.000 --> 03:27:40.819 areas you've gotten a letter from us a lot of our members I 03:27:40.819 --> 03:27:41.639 'll just kind of 03:27:41.639 --> 03:27:44.649 try and keep it brief here are a lot of them are custom 03:27:44.649 --> 03:27:46.760 builders so with the 03:27:46.760 --> 03:27:50.690 rule of exemption when you get to the single-family or two- 03:27:50.690 --> 03:27:51.799 family lights it 03:27:51.799 --> 03:27:57.069 can greatly change the scenario if you've got a small home 03:27:57.069 --> 03:27:57.520 and they're 03:27:57.520 --> 03:28:00.520 wanting to add to it you've got certain trees in the area 03:28:00.520 --> 03:28:02.479 we get beyond into 03:28:02.479 --> 03:28:06.559 that 30% calculation and then we start looking at hey if 03:28:06.559 --> 03:28:07.520 something at a thousand 03:28:07.520 --> 03:28:10.450 foot canopy we start paying a pretty significant price to a 03:28:10.450 --> 03:28:11.360 point that was 03:28:11.360 --> 03:28:14.340 made earlier that hey two thousand dollars may not affect a 03:28:14.340 --> 03:28:14.920 person buying 03:28:14.920 --> 03:28:19.149 a home unfortunately that may not necessarily be the case 03:28:19.149 --> 03:28:19.920 due to mortgage 03:28:19.920 --> 03:28:21.870 lending rules and things like that and the tighter 03:28:21.870 --> 03:28:23.040 restrictions that have come 03:28:23.040 --> 03:28:25.780 over the years that are not due to any of us in this room 03:28:25.780 --> 03:28:26.799 wasn't really our 03:28:26.799 --> 03:28:28.600 call I think if we'd have been in the room we'd have come 03:28:28.600 --> 03:28:29.280 up with something 03:28:29.280 --> 03:28:32.540 different but National Association of Home Builders has 03:28:32.540 --> 03:28:34.000 done a study I know 03:28:34.000 --> 03:28:36.959 Texas A&M Research Center has looked at a check with Jim G 03:28:36.959 --> 03:28:37.420 aines once 03:28:37.420 --> 03:28:40.370 before on those numbers and basically what it came out to 03:28:40.370 --> 03:28:41.360 what we saw was kind 03:28:41.360 --> 03:28:43.329 of startling was that for every thousand dollars you add to 03:28:43.329 --> 03:28:44.000 the price of that 03:28:44.000 --> 03:28:47.469 medium price home you can price them between 19,000 to 20, 03:28:47.469 --> 03:28:48.600 000 Texas families 03:28:48.600 --> 03:28:50.530 out of it so you'd have to break it down what the allotment 03:28:50.530 --> 03:28:51.200 is here but you could 03:28:51.200 --> 03:28:53.430 also get at this 20,000 Texas families that wouldn't come 03:28:53.430 --> 03:28:55.159 to Denton our basis 03:28:55.159 --> 03:28:57.729 when we look at this is always the quality of the home be 03:28:57.729 --> 03:28:58.760 able to build well 03:28:58.760 --> 03:29:01.790 property rights and then we always look at housing afford 03:29:01.790 --> 03:29:03.319 ability we always push 03:29:03.319 --> 03:29:07.399 that housing affordability exist at multiple levels because 03:29:07.399 --> 03:29:08.399 the responsible 03:29:08.399 --> 03:29:10.510 businessman most likely is going to finance that home in 03:29:10.510 --> 03:29:11.879 certain ways the 03:29:11.879 --> 03:29:14.219 appraisal guys and the banks are always going to underwrite 03:29:14.219 --> 03:29:15.120 a certain amount and 03:29:15.120 --> 03:29:17.549 they don't look at certain things they look at other things 03:29:17.549 --> 03:29:18.319 this is where we 03:29:18.319 --> 03:29:20.930 talked about the study where hey this would be more people 03:29:20.930 --> 03:29:21.799 buying into trees 03:29:21.799 --> 03:29:24.360 or certain areas which you have to consider the regional 03:29:24.360 --> 03:29:25.280 value of this of 03:29:25.280 --> 03:29:28.479 well how that really pans out an example would be there are 03:29:28.479 --> 03:29:29.600 areas in Frisco that 03:29:29.600 --> 03:29:32.520 don't have a lot of trees and those lots carry a lot higher 03:29:32.520 --> 03:29:33.360 value than they do 03:29:33.360 --> 03:29:37.379 here it is often more to the demand of it because the 03:29:37.379 --> 03:29:38.559 region we're at we have 03:29:38.559 --> 03:29:43.000 jobs location near jobs school districts what stores are 03:29:43.000 --> 03:29:43.879 near that these is 03:29:43.879 --> 03:29:46.239 greater parameter to look at it it's the same thing with 03:29:46.239 --> 03:29:47.360 the health issue I was 03:29:47.360 --> 03:29:49.680 here the well it really I mean I like trees like this 03:29:49.680 --> 03:29:51.079 anybody else but then I 03:29:51.079 --> 03:29:54.010 also have to be careful on certain days if I was here on a 03:29:54.010 --> 03:29:55.200 certain Thursday I'd 03:29:55.200 --> 03:29:58.209 have an Epi pen in my pocket in case I have shock related 03:29:58.209 --> 03:29:59.440 to two shots I take 03:29:59.440 --> 03:30:02.790 once a month due to trees to tree pollen so there's both 03:30:02.790 --> 03:30:03.920 sides this argument that 03:30:03.920 --> 03:30:05.829 always have to be considered so when you see a study you 03:30:05.829 --> 03:30:06.559 need to be careful 03:30:06.559 --> 03:30:08.959 realize where it came from who's pushing it and it'd be the 03:30:08.959 --> 03:30:09.799 same for our side 03:30:09.799 --> 03:30:13.680 just to be fair so these are things we want to consider one 03:30:13.680 --> 03:30:14.200 of the things we've 03:30:14.200 --> 03:30:16.370 talked about tonight is the infrastructure that's going to 03:30:16.370 --> 03:30:16.520 be 03:30:16.520 --> 03:30:19.059 required and the reality is you're not going to let one of 03:30:19.059 --> 03:30:19.719 my guys plan a 03:30:19.719 --> 03:30:23.000 subdivision without streets train and cheese mince you have 03:30:23.000 --> 03:30:24.159 required utilities 03:30:24.159 --> 03:30:26.940 and at that point the utility companies are going to have 03:30:26.940 --> 03:30:28.000 their say and I think 03:30:28.000 --> 03:30:30.450 the city would agree they have a tremendous amount of say 03:30:30.450 --> 03:30:31.040 on how these 03:30:31.040 --> 03:30:33.250 things go there are certain ways these things are laid out 03:30:33.250 --> 03:30:34.040 to be affordable to 03:30:34.040 --> 03:30:36.920 keep housing affordability you don't zigzag gas pipelines 03:30:36.920 --> 03:30:37.680 there are all sorts 03:30:37.680 --> 03:30:40.260 of things that play in so one of the things we'd send a 03:30:40.260 --> 03:30:41.319 letter I think that 03:30:41.319 --> 03:30:44.209 might help in a lot of this and refer to his push for the 03:30:44.209 --> 03:30:46.440 tree camping issue is an 03:30:46.440 --> 03:30:49.129 exemption for the buildable area and maybe if we get 03:30:49.129 --> 03:30:50.319 together in work groups 03:30:50.319 --> 03:30:52.829 we'd love to participate in those this time now that we 03:30:52.829 --> 03:30:53.879 know about them there 03:30:53.879 --> 03:30:56.000 are different things to look at for that that you could 03:30:56.000 --> 03:30:56.920 consider where those 03:30:56.920 --> 03:31:00.000 exemptions come in I think the single-family two-family 03:31:00.000 --> 03:31:00.760 exemption lot 03:31:00.760 --> 03:31:04.379 would possibly cover the issue of the mitigation fee being 03:31:04.379 --> 03:31:05.479 excessive on the 03:31:05.479 --> 03:31:08.719 smaller lots because that's always our concern you know we 03:31:08.719 --> 03:31:09.520 want to mitigate this 03:31:09.520 --> 03:31:12.799 for it gets anything worse and be a partner with the city 03:31:12.799 --> 03:31:13.879 you know as it's 03:31:13.879 --> 03:31:16.149 written I don't think we could support the ordinance but if 03:31:16.149 --> 03:31:16.959 there were changes 03:31:16.959 --> 03:31:19.250 we could we don't like to just go out right and oppose the 03:31:19.250 --> 03:31:20.040 ordinance we want 03:31:20.040 --> 03:31:23.600 to be a community partner I will say one thing though and 03:31:23.600 --> 03:31:24.719 it's to your question 03:31:24.719 --> 03:31:27.510 Commissioner Roselle earlier that well you know we're 03:31:27.510 --> 03:31:28.879 allowing you to take down 03:31:28.879 --> 03:31:33.559 85% of the property well here's the thing that can't get 03:31:33.559 --> 03:31:34.159 lost in this 03:31:34.159 --> 03:31:39.840 conversation you're allowing the property owner to deal 03:31:39.840 --> 03:31:41.920 with his property 03:31:41.920 --> 03:31:44.959 and that is something that can't get lost in this the idea 03:31:44.959 --> 03:31:46.040 that okay you only 03:31:46.040 --> 03:31:48.379 have to mitigate this percentage you get into here so you 03:31:48.379 --> 03:31:49.319 're not paying for all 03:31:49.319 --> 03:31:52.319 these other trees that remaining percentage of those trees 03:31:52.319 --> 03:31:52.760 that you have 03:31:52.760 --> 03:31:56.989 to mitigate still adds on top of the development cost and 03:31:56.989 --> 03:31:58.280 that can impact 03:31:58.280 --> 03:32:01.729 and that that margin in tight areas can impact the deal it 03:32:01.729 --> 03:32:02.520 is important to 03:32:02.520 --> 03:32:05.610 realize that trees are part of the property owners property 03:32:05.610 --> 03:32:06.040 and his 03:32:06.040 --> 03:32:08.829 protections come under the Texas and US Constitution and 03:32:08.829 --> 03:32:09.959 that's just one thing 03:32:09.959 --> 03:32:13.040 we want to stress there I think everybody's trying to be 03:32:13.040 --> 03:32:13.920 mindful of that 03:32:13.920 --> 03:32:16.159 but I don't want that to get lost in the conversation have 03:32:16.159 --> 03:32:17.040 some questions for you 03:32:17.040 --> 03:32:21.440 yes Commissioner Hesbeth thank you chair so what is your 03:32:21.440 --> 03:32:23.040 based on a canopy what 03:32:23.040 --> 03:32:27.270 what is your price per square foot that you again I realize 03:32:27.270 --> 03:32:27.959 you've asked that 03:32:27.959 --> 03:32:31.799 question sure and and I applaud you for doing that but I 03:32:31.799 --> 03:32:32.639 also want to point out 03:32:32.639 --> 03:32:35.590 I spent a lot of my time around attorneys commissioner and 03:32:35.590 --> 03:32:36.440 so I also know 03:32:36.440 --> 03:32:38.959 not to get pulled into a question that's that's it could be 03:32:38.959 --> 03:32:39.719 somewhat low to 03:32:39.719 --> 03:32:42.520 whether intended or not and the reason I say that is 03:32:42.520 --> 03:32:44.000 because there are so many 03:32:44.000 --> 03:32:47.420 variables that are involved our developments are different 03:32:47.420 --> 03:32:47.719 than 03:32:47.719 --> 03:32:51.430 commercial developments and I'm not saying that it's easier 03:32:51.430 --> 03:32:52.760 for us but there 03:32:52.760 --> 03:32:55.409 are times where it's harder for them it all depends on the 03:32:55.409 --> 03:32:56.280 lot your own but I 03:32:56.280 --> 03:32:58.600 will point out that you saw in our letter that our guys 03:32:58.600 --> 03:32:59.399 generally when 03:32:59.399 --> 03:33:01.819 they're planning a replacement tree and a lot of them go 03:33:01.819 --> 03:33:02.840 for three inches because 03:33:02.840 --> 03:33:04.680 a lot of times they stay better if they don't have to come 03:33:04.680 --> 03:33:05.399 back for the three 03:33:05.399 --> 03:33:08.120 month later issue and this is not including the tree berry 03:33:08.120 --> 03:33:09.000 and other items 03:33:09.000 --> 03:33:11.000 do they get around the sidewalk they're looking at 03:33:11.000 --> 03:33:12.000 sometimes you know looking on 03:33:12.000 --> 03:33:16.079 the hot rise at a five hundred and fifty dollars per tree 03:33:16.079 --> 03:33:18.479 so and this is a two 03:33:18.479 --> 03:33:22.559 part answer so based on the current draft you have four 03:33:22.559 --> 03:33:23.520 trees that you could 03:33:23.520 --> 03:33:26.780 replace there you're looking at twenty two hundred dollars 03:33:26.780 --> 03:33:27.879 but you're looking 03:33:27.879 --> 03:33:30.079 at the value of say one thousand two hundred fifty six 03:33:30.079 --> 03:33:31.079 square feet on your you 03:33:31.079 --> 03:33:33.940 know a large tree was a lot a lot of rule Arborist told me 03:33:33.940 --> 03:33:35.479 hey look at 1256 03:33:35.479 --> 03:33:38.079 well now we're getting five thousand six hundred fifty two 03:33:38.079 --> 03:33:39.680 dollars that far 03:33:39.680 --> 03:33:42.250 exceeds the price of the planning of the four trees and I 03:33:42.250 --> 03:33:43.200 realize there's this 03:33:43.200 --> 03:33:46.229 idea to be punitive to encourage them to plant more but 03:33:46.229 --> 03:33:47.440 again I get into the 03:33:47.440 --> 03:33:50.020 issue of property rights and the fact that by assessing 03:33:50.020 --> 03:33:50.959 this field what you 03:33:50.959 --> 03:33:53.159 may consider infrastructure we get into the area where 03:33:53.159 --> 03:33:54.200 somebody could make the 03:33:54.200 --> 03:33:56.360 claim that you're now assessing an impact fee which 03:33:56.360 --> 03:33:57.239 generally has to be 03:33:57.239 --> 03:34:00.309 relative and commensurate to the service provided so you're 03:34:00.309 --> 03:34:01.520 claiming a tree for 03:34:01.520 --> 03:34:03.569 the community yet there's no where reverse it for the 03:34:03.569 --> 03:34:04.840 person so again we 03:34:04.840 --> 03:34:08.000 would like to have to calculate that I could I could see 03:34:08.000 --> 03:34:09.260 where in our position 03:34:09.260 --> 03:34:10.870 you'll see in the letter is that you should be getting 03:34:10.870 --> 03:34:11.360 credit for the 03:34:11.360 --> 03:34:13.889 projected maturity of the tree that you're planning and 03:34:13.889 --> 03:34:15.239 with the one to four 03:34:15.239 --> 03:34:18.530 ratio I'm sorry but it does not give you the projected 03:34:18.530 --> 03:34:19.959 maturity that tree is 03:34:19.959 --> 03:34:23.090 going to grow and if it's going to grow you should be 03:34:23.090 --> 03:34:24.639 getting credit for it if 03:34:24.639 --> 03:34:27.100 you're gonna base it he mentioned I would say 50 cents a 03:34:27.100 --> 03:34:27.920 square foot comes 03:34:27.920 --> 03:34:32.319 out to about $500 based on a thousand foot canopy is what I 03:34:32.319 --> 03:34:33.579 did and I'm like 03:34:33.579 --> 03:34:36.719 you I'm a whole numbers guy I did on my phone to be honest 03:34:36.719 --> 03:34:38.000 but and so I have a 03:34:38.000 --> 03:34:40.510 follow-up question because you raise a great point do you 03:34:40.510 --> 03:34:42.680 think that would be 03:34:42.680 --> 03:34:48.889 palatable for builders to then if you have this scale based 03:34:48.889 --> 03:34:50.360 on the tree so 03:34:50.360 --> 03:34:53.770 price of trees goes up let's say you have to buy two three 03:34:53.770 --> 03:34:56.159 trees and so you 03:34:56.159 --> 03:34:59.129 pick it you can find the the Sam's of trees and get a 03:34:59.129 --> 03:35:00.559 discounted tree you know 03:35:00.559 --> 03:35:04.290 whatever it is but you have to replace it but that then 03:35:04.290 --> 03:35:06.319 allows the ordnance to 03:35:06.319 --> 03:35:09.870 be a living document because the cost of trees goes up and 03:35:09.870 --> 03:35:11.719 so next year that same 03:35:11.719 --> 03:35:16.440 $550 tree may be 700 well I do want to be careful to point 03:35:16.440 --> 03:35:17.159 out here I get back 03:35:17.159 --> 03:35:19.569 to the issue of property rights yeah it should be based on 03:35:19.569 --> 03:35:20.479 a marketable value 03:35:20.479 --> 03:35:22.819 but it also should be based on the marketable value of the 03:35:22.819 --> 03:35:24.040 land it would be 03:35:24.040 --> 03:35:29.920 you do leave even with that the the probability where you 03:35:29.920 --> 03:35:31.159 're adding more 03:35:31.159 --> 03:35:34.680 than an acceptable percentage of the value of land in the 03:35:34.680 --> 03:35:36.639 cost and it gets 03:35:36.639 --> 03:35:38.790 back to questions that are raised that we always get 03:35:38.790 --> 03:35:40.079 nervous about you know and 03:35:40.079 --> 03:35:43.139 we want to make sure that we never get in the area or 03:35:43.139 --> 03:35:44.520 advise the city in the 03:35:44.520 --> 03:35:46.670 area where it could lead to something that's a regulatory 03:35:46.670 --> 03:35:47.280 taking that is 03:35:47.280 --> 03:35:49.950 something we get real nervous about I get pulled I get arm 03:35:49.950 --> 03:35:51.079 pulled both ways and 03:35:51.079 --> 03:35:53.329 I don't necessarily enjoy that and it doesn't help me to be 03:35:53.329 --> 03:35:53.879 a community 03:35:53.879 --> 03:35:56.909 partner with the city so our it would be something that 03:35:56.909 --> 03:35:58.280 again we'd have to look at 03:35:58.280 --> 03:36:01.370 the very different types of land again we have guys who are 03:36:01.370 --> 03:36:02.200 production or 03:36:02.200 --> 03:36:04.430 volume builders how we want to call them here your larger 03:36:04.430 --> 03:36:06.559 builders and you know 03:36:06.559 --> 03:36:09.030 they work with engineering issues and then we have guys who 03:36:09.030 --> 03:36:09.600 are custom 03:36:09.600 --> 03:36:12.340 builders and it may not just be an infield lot it may be 03:36:12.340 --> 03:36:13.239 where you have a 03:36:13.239 --> 03:36:17.780 new development and they bought a couple of those lots and 03:36:17.780 --> 03:36:19.799 if the tree wasn't 03:36:19.799 --> 03:36:22.479 mitigated at that point or it was left there on the lot and 03:36:22.479 --> 03:36:23.440 they have to come 03:36:23.440 --> 03:36:25.659 in and they have to mitigate it that cost comes to them and 03:36:25.659 --> 03:36:26.239 when it's an 03:36:26.239 --> 03:36:28.809 individual home they you know or an individual lot it could 03:36:28.809 --> 03:36:29.120 have a 03:36:29.120 --> 03:36:31.219 significant impact these are just you know I realize I'm 03:36:31.219 --> 03:36:32.079 throwing a lot at you 03:36:32.079 --> 03:36:35.479 but these are all the questions that I get on the phone 03:36:35.479 --> 03:36:37.159 over and over so right 03:36:37.159 --> 03:36:40.049 and I'll just conclude with I would encourage those 03:36:40.049 --> 03:36:41.680 conversations and 03:36:41.680 --> 03:36:44.540 whatever you can provide because ultimately right I mean at 03:36:44.540 --> 03:36:45.120 some point 03:36:45.120 --> 03:36:48.799 the can won't get kicked and we're gonna vote right and so 03:36:48.799 --> 03:36:49.760 there's a lot of 03:36:49.760 --> 03:36:52.909 variables there's a lot of ifs this but that but ultimately 03:36:52.909 --> 03:36:54.079 there's gonna come a 03:36:54.079 --> 03:36:58.309 vote and and I'd love to take all things into consideration 03:36:58.309 --> 03:36:59.559 but it can't be this 03:36:59.559 --> 03:37:04.860 fluid thing I mean ultimately no I think word to the wise 03:37:04.860 --> 03:37:06.840 to all builders I need 03:37:06.840 --> 03:37:12.540 for my linear brain to process a number and how we got 03:37:12.540 --> 03:37:14.280 there and if there's a 03:37:14.280 --> 03:37:17.229 more time to get that done but two months down the road a 03:37:17.229 --> 03:37:18.120 month down the 03:37:18.120 --> 03:37:21.719 road of where still if this than that it you know a 03:37:21.719 --> 03:37:23.760 decision has to be made and 03:37:23.760 --> 03:37:26.100 into your to your point there you had mentioned earlier 03:37:26.100 --> 03:37:26.959 that some of these 03:37:26.959 --> 03:37:29.559 things in exemption cannot be specific but you mentioned 03:37:29.559 --> 03:37:30.520 here an area where it 03:37:30.520 --> 03:37:34.540 needs to be for that point first that is something I would 03:37:34.540 --> 03:37:35.120 definitely want to 03:37:35.120 --> 03:37:37.110 take back to my members because I have to talk to builders 03:37:37.110 --> 03:37:37.760 I have to talk to 03:37:37.760 --> 03:37:42.489 people who advise them in various areas to make sure that 03:37:42.489 --> 03:37:43.680 if we make it a 03:37:43.680 --> 03:37:47.049 consultation of the city or advice to the city I don't have 03:37:47.049 --> 03:37:47.879 the Commission 03:37:47.879 --> 03:37:50.139 coming back to me in five years going why are we getting 03:37:50.139 --> 03:37:51.280 hit with this and you 03:37:51.280 --> 03:37:54.590 know I don't have the public pitchforks out on me and sure 03:37:54.590 --> 03:37:55.760 my skin hung on the 03:37:55.760 --> 03:38:01.620 tree to be fair but the the reality is there's also the 03:38:01.620 --> 03:38:02.719 backside what you talked 03:38:02.719 --> 03:38:06.149 about on the the specifics of the ordinance on the exempt 03:38:06.149 --> 03:38:07.399 ions and I'll get 03:38:07.399 --> 03:38:10.690 into this I understand your point that it could be argued 03:38:10.690 --> 03:38:11.840 at court and you and 03:38:11.840 --> 03:38:14.729 I are in an environment where we get to see those things 03:38:14.729 --> 03:38:15.879 play out in our in our 03:38:15.879 --> 03:38:20.700 in our jobs sure but I think for what they were getting at 03:38:20.700 --> 03:38:21.319 and we appreciate 03:38:21.319 --> 03:38:23.409 the city looking to streamline the ordinance I understand 03:38:23.409 --> 03:38:24.159 their purpose for 03:38:24.159 --> 03:38:26.809 it because they get hit with a ton of questions and 03:38:26.809 --> 03:38:28.239 different things from my 03:38:28.239 --> 03:38:31.420 guys from commercial guys but for a builder and you 03:38:31.420 --> 03:38:32.840 mentioned heard this 03:38:32.840 --> 03:38:35.190 mentioned earlier these developments are often planned 03:38:35.190 --> 03:38:37.600 years in advance so if 03:38:37.600 --> 03:38:40.219 they have the rules laid out clearly even though if it's 03:38:40.219 --> 03:38:41.399 streamlined as far as 03:38:41.399 --> 03:38:44.440 what has to be done but in certain areas or what kind of 03:38:44.440 --> 03:38:45.360 exemptions that those 03:38:45.360 --> 03:38:47.870 questions may come up sometimes it's good to have that 03:38:47.870 --> 03:38:48.920 specific detail and 03:38:48.920 --> 03:38:51.219 then we avoid all the headaches and things move forward 03:38:51.219 --> 03:38:51.959 people don't get 03:38:51.959 --> 03:38:53.600 their feelings hurt when something come through a plat 03:38:53.600 --> 03:38:54.360 review and things like 03:38:54.360 --> 03:38:57.690 that sure just one more item that kind of plays into this 03:38:57.690 --> 03:38:58.920 with specifics and 03:38:58.920 --> 03:39:02.620 this is a completely outside item but I do want you to keep 03:39:02.620 --> 03:39:03.680 in mind because for 03:39:03.680 --> 03:39:07.329 our guys who may be by an individual a lot or a few lots in 03:39:07.329 --> 03:39:08.319 a new development 03:39:08.319 --> 03:39:11.719 it will come into play there was a regulation that was 03:39:11.719 --> 03:39:13.000 passed by I guess it 03:39:13.000 --> 03:39:17.280 would be the Commission that oversees the US Postal Service 03:39:17.280 --> 03:39:17.899 there was a House 03:39:17.899 --> 03:39:20.399 Committee that involved it and the postal inspectors came 03:39:20.399 --> 03:39:20.879 out with a 03:39:20.879 --> 03:39:25.520 process and how they doled up the notification may not have 03:39:25.520 --> 03:39:26.760 been exactly 03:39:26.760 --> 03:39:31.370 adequate and so for new residential developments single- 03:39:31.370 --> 03:39:32.760 family they are 03:39:32.760 --> 03:39:36.469 calling that those new developments will require cluster 03:39:36.469 --> 03:39:38.399 mailbox units what you 03:39:38.399 --> 03:39:42.239 see in an apartment there's an argument they have for 03:39:42.239 --> 03:39:43.760 financing I don't want to 03:39:43.760 --> 03:39:45.309 get into that because they still have to drive around you 03:39:45.309 --> 03:39:45.879 still have to have 03:39:45.879 --> 03:39:48.100 certain distances there's always our worry about risk and 03:39:48.100 --> 03:39:48.600 safety this 03:39:48.600 --> 03:39:51.190 maintenance of it was lost keys etc we get into that but 03:39:51.190 --> 03:39:52.159 the reason I bring 03:39:52.159 --> 03:39:55.690 that up here is there does exist the situation we've seen 03:39:55.690 --> 03:39:56.879 this on other places 03:39:56.879 --> 03:40:00.020 in Metroplex where development had pulled their development 03:40:00.020 --> 03:40:00.799 guides with the city 03:40:00.799 --> 03:40:05.840 had gone through this process and built their $600 mailbox 03:40:05.840 --> 03:40:07.760 es each one and they 03:40:07.760 --> 03:40:11.030 were saying one of the final phases of a development and 03:40:11.030 --> 03:40:12.280 the other phases were 03:40:12.280 --> 03:40:16.920 recently finished and the Postal Service came to or a city 03:40:16.920 --> 03:40:17.840 getting 03:40:17.840 --> 03:40:20.200 notification from Postal Service came to them and informed 03:40:20.200 --> 03:40:21.120 them that they would 03:40:21.120 --> 03:40:24.239 not be getting mail delivered to that individual box so 03:40:24.239 --> 03:40:25.440 they are left in the 03:40:25.440 --> 03:40:27.940 position where they have to go back and go whose front yard 03:40:27.940 --> 03:40:28.760 or what what do we 03:40:28.760 --> 03:40:31.540 pull to place that mailbox and I mentioned that because we 03:40:31.540 --> 03:40:32.079 run into the 03:40:32.079 --> 03:40:34.510 issue of street trees and then and I just thought about 03:40:34.510 --> 03:40:35.799 this up there does 03:40:35.799 --> 03:40:39.319 this run an issue how we place trees on future things and I 03:40:39.319 --> 03:40:40.479 will be researching 03:40:40.479 --> 03:40:42.479 that if there's something I'll bring that to meetings that 03:40:42.479 --> 03:40:43.200 's something just 03:40:43.200 --> 03:40:45.600 ancillary that I think should be kept in mind it's just one 03:40:45.600 --> 03:40:46.280 of these other 03:40:46.280 --> 03:40:48.799 variables that we always end up dealing with and it's just 03:40:48.799 --> 03:40:49.840 the little things that 03:40:49.840 --> 03:40:53.399 play into it sure no thank you okay see no further 03:40:53.399 --> 03:40:56.719 questions thank you thanks 03:40:57.600 --> 03:41:03.780 next speaker is Mindy White to be followed by Michael Hinn 03:41:03.780 --> 03:41:07.200 an thank you 03:41:07.200 --> 03:41:10.840 thank you commissioners you've heard from developers 03:41:10.840 --> 03:41:12.879 previously I'm going to 03:41:12.879 --> 03:41:17.920 bring you the other side of the perspective from a citizen 03:41:17.920 --> 03:41:18.399 and a 03:41:18.399 --> 03:41:22.469 resident longtime resident of Denton direct dressing my 03:41:22.469 --> 03:41:23.920 address yes clearly 03:41:23.920 --> 03:41:28.959 haven't done this before 2614 Rockwood Lane thank you just 03:41:28.959 --> 03:41:29.360 to give you a 03:41:29.360 --> 03:41:32.040 little bit of background for those of you that don't know 03:41:32.040 --> 03:41:32.920 me I know a couple 03:41:32.920 --> 03:41:39.440 of you I've been in Denton since 96 I went to UNT I have 03:41:39.440 --> 03:41:41.040 multiple degrees from 03:41:41.040 --> 03:41:44.750 UNT biology graduate work in biology and a master's in 03:41:44.750 --> 03:41:46.319 public administration so 03:41:46.319 --> 03:41:49.200 that kind of informs what I'm speaking to you about from my 03:41:49.200 --> 03:41:49.920 own personal 03:41:49.920 --> 03:41:54.600 perspective in addition to just being a resident of Denton 03:41:54.600 --> 03:41:56.920 I'm also another 03:41:56.920 --> 03:42:00.129 speaker mentioned that they were a former city employee I 03:42:00.129 --> 03:42:00.840 as well I'm a 03:42:00.840 --> 03:42:04.510 former city employee I've worked in environmental services 03:42:04.510 --> 03:42:05.440 here as well as 03:42:05.440 --> 03:42:08.200 a former employee of keep done beautiful so I bring my 03:42:08.200 --> 03:42:09.440 prior professional 03:42:09.440 --> 03:42:13.200 experience here tonight as well and I want to start by 03:42:13.200 --> 03:42:14.879 reading a letter that I 03:42:14.879 --> 03:42:17.729 sent a couple of months ago to my council representative 03:42:17.729 --> 03:42:18.520 that I think is 03:42:18.520 --> 03:42:21.069 pertinent to some of the things that we're talking about 03:42:21.069 --> 03:42:22.319 tonight and then I'd 03:42:22.319 --> 03:42:25.319 like to address a few points that were brought up by some 03:42:25.319 --> 03:42:26.520 of the speakers that 03:42:26.520 --> 03:42:30.000 preceded me so just an excerpt from this letter that 03:42:30.000 --> 03:42:32.079 actually talks about our 03:42:32.079 --> 03:42:34.729 current iteration of the tree code and some ideas that I 03:42:34.729 --> 03:42:35.639 had for it at that 03:42:35.639 --> 03:42:39.190 time which I was excited to see Commissioner strange that a 03:42:39.190 --> 03:42:39.680 lot of the 03:42:39.680 --> 03:42:42.319 things that you mentioned kind of dovetail nicely with this 03:42:42.319 --> 03:42:43.680 and so to read 03:42:43.680 --> 03:42:46.270 from the letter our current tree code includes options for 03:42:46.270 --> 03:42:47.120 developers to pay 03:42:47.120 --> 03:42:49.969 into a tree mitigation fund for trees that they removed 03:42:49.969 --> 03:42:51.079 during the building 03:42:51.079 --> 03:42:54.479 process with a balance of over two million dollars it is my 03:42:54.479 --> 03:42:55.260 hope that we 03:42:55.260 --> 03:42:57.790 can use some of the mitigation funds for something that 03:42:57.790 --> 03:42:58.739 will make a real and 03:42:58.739 --> 03:43:01.430 meaningful difference in preserving some of our contiguous 03:43:01.430 --> 03:43:02.600 old growth tree stands 03:43:02.600 --> 03:43:05.790 many of these are made up of post oaks a species that is 03:43:05.790 --> 03:43:07.520 notoriously difficult if 03:43:07.520 --> 03:43:11.010 not impossible to replant and replace these native trees 03:43:11.010 --> 03:43:12.239 are invaluable in the 03:43:12.239 --> 03:43:14.770 cross timbers forest district and unfortunately have 03:43:14.770 --> 03:43:15.959 experienced a decline 03:43:15.959 --> 03:43:19.319 in recent years due in part to study development in the 03:43:19.319 --> 03:43:20.799 area personally it 03:43:20.799 --> 03:43:23.540 has saddened me to see the stand behind Walmart at Brinker 03:43:23.540 --> 03:43:24.559 demolished for an 03:43:24.559 --> 03:43:27.590 assisted living facility as well as similar large stands at 03:43:27.590 --> 03:43:28.600 the preserve on 03:43:28.600 --> 03:43:32.129 Teasley and on Crawford near Argyle these trees simply 03:43:32.129 --> 03:43:33.600 cannot be replaced by 03:43:33.600 --> 03:43:37.260 families and households participating in tree plantings we 03:43:37.260 --> 03:43:38.399 cannot do anything 03:43:38.399 --> 03:43:41.219 about the trees that we've lost we have to see the value in 03:43:41.219 --> 03:43:42.200 the large stands of 03:43:42.200 --> 03:43:45.219 quality trees that are left and moved to protect them and 03:43:45.219 --> 03:43:46.399 so that's something 03:43:46.399 --> 03:43:50.000 that I would really urge you to consider is looking at not 03:43:50.000 --> 03:43:51.360 just the mitigation and 03:43:51.360 --> 03:43:53.879 the replanting side of things but also on how can we 03:43:53.879 --> 03:43:55.120 preserve our heritage 03:43:55.120 --> 03:44:00.319 trees and our continued contiguous sections of trees that 03:44:00.319 --> 03:44:00.879 just aren't 03:44:00.879 --> 03:44:03.350 easily replaced there's a lot of trees here that are 03:44:03.350 --> 03:44:05.000 historical there's 03:44:05.000 --> 03:44:08.129 ecosystems that cannot be replaced just by going and even 03:44:08.129 --> 03:44:09.440 planting native trees 03:44:09.440 --> 03:44:12.780 so that's something that I would definitely encourage the 03:44:12.780 --> 03:44:13.680 Commission to 03:44:13.680 --> 03:44:17.350 consider as you're going forward with developing the new 03:44:17.350 --> 03:44:18.319 ordinance and 03:44:18.319 --> 03:44:21.600 approving the eventual ordinance that will be passed I 03:44:21.600 --> 03:44:24.040 would definitely like 03:44:24.040 --> 03:44:28.860 to see the city move forward with purchasing parcels that 03:44:28.860 --> 03:44:29.840 have these 03:44:29.840 --> 03:44:34.989 historical areas or protected species like or protected isn 03:44:34.989 --> 03:44:36.399 't the right word 03:44:36.399 --> 03:44:40.100 the post oaks the blackjack oaks those type of trees they 03:44:40.100 --> 03:44:41.399 're already in place 03:44:41.399 --> 03:44:45.299 to protect those to buy those parcels so that we don't have 03:44:45.299 --> 03:44:46.639 to look at how can we 03:44:46.639 --> 03:44:51.239 replace these or can they be replaced at all and I guess 03:44:51.239 --> 03:44:53.559 that's a that's a side 03:44:53.559 --> 03:44:56.739 of the tree code that hasn't really been investigated fully 03:44:56.739 --> 03:44:57.799 we've done a lot of 03:44:57.799 --> 03:45:00.680 really great things in terms of tree giveaways tree 03:45:00.680 --> 03:45:02.079 education but we haven't 03:45:02.079 --> 03:45:04.399 done much in terms of trying to preserve what's already 03:45:04.399 --> 03:45:05.319 there and I would really 03:45:05.319 --> 03:45:10.379 love to see maybe exploring more of the feasibility of some 03:45:10.379 --> 03:45:12.440 of those aspects so 03:45:12.440 --> 03:45:15.500 to get to some of the points that I wanted to address from 03:45:15.500 --> 03:45:16.440 prior speakers 03:45:16.440 --> 03:45:19.389 one of the gentleman mentioned that there's a lack of 03:45:19.389 --> 03:45:20.600 common sense a lot of 03:45:20.600 --> 03:45:24.829 times when it comes to ordinances and there was also a 03:45:24.829 --> 03:45:27.040 mention of about infill 03:45:27.040 --> 03:45:29.450 development by a couple of speakers as well and how 03:45:29.450 --> 03:45:30.760 important that is and I 03:45:30.760 --> 03:45:35.569 would like to comment that there's a whole option in there 03:45:35.569 --> 03:45:37.000 about variances 03:45:37.000 --> 03:45:39.690 and that's where we can bring our variances in on these inf 03:45:39.690 --> 03:45:39.920 ill 03:45:39.920 --> 03:45:42.350 developments if there is a single tree in the center 03:45:42.350 --> 03:45:44.280 another I have two quickies 03:45:44.280 --> 03:45:47.559 and then I'll be finished tree viability and survivorship 03:45:47.559 --> 03:45:48.680 rights of the new trees 03:45:48.680 --> 03:45:50.760 that are planted are also something that hasn't been 03:45:50.760 --> 03:45:51.719 mentioned that I think 03:45:51.719 --> 03:45:55.090 should be a serious concern if you are planning for trees 03:45:55.090 --> 03:45:56.479 to replace one how 03:45:56.479 --> 03:45:58.649 many of those four trees are going to make it to maturity 03:45:58.649 --> 03:45:59.440 is that something 03:45:59.440 --> 03:46:03.549 that's been looked at or considered at all and the question 03:46:03.549 --> 03:46:04.920 that I had and I I 03:46:04.920 --> 03:46:08.000 think that it kind of boils down to what this is all about 03:46:08.000 --> 03:46:09.479 whenever you're you're 03:46:09.479 --> 03:46:12.120 considering this is we're looking at the public good versus 03:46:12.120 --> 03:46:13.159 individual property 03:46:13.159 --> 03:46:17.100 rights really we're looking at the need for a tree canopy 03:46:17.100 --> 03:46:18.079 and the benefits that 03:46:18.079 --> 03:46:21.659 trees bring us and and the need that we as a city have to 03:46:21.659 --> 03:46:23.040 define what kind of 03:46:23.040 --> 03:46:25.479 city we want to be moving forward during this time of 03:46:25.479 --> 03:46:27.479 growth and I think that 03:46:27.479 --> 03:46:30.680 while there are lots of considerations that we need to give 03:46:30.680 --> 03:46:31.719 to the importance 03:46:31.719 --> 03:46:34.250 of property rights we also need to consider that public 03:46:34.250 --> 03:46:35.520 good for instance we 03:46:35.520 --> 03:46:38.020 can't just go and flush our toilet and have that go out in 03:46:38.020 --> 03:46:38.959 the law and there's 03:46:38.959 --> 03:46:42.219 a repercussion there so even though that's our property we 03:46:42.219 --> 03:46:43.520 can't just always 03:46:43.520 --> 03:46:46.930 do what we want without considering the overall good for 03:46:46.930 --> 03:46:48.920 the community so I yield 03:46:48.920 --> 03:46:52.870 to any questions that you may have most any questions but 03:46:52.870 --> 03:46:54.360 do you have a comment 03:46:54.360 --> 03:46:58.209 on one of your points in the ordinance now if you plant a 03:46:58.209 --> 03:46:59.000 tree you have to 03:46:59.000 --> 03:47:01.280 watch over it and maintain it for three years and if it 03:47:01.280 --> 03:47:02.479 dies during that period 03:47:02.479 --> 03:47:05.760 of time it has to be replaced so there is a mechanism 03:47:05.760 --> 03:47:06.520 currently in that 03:47:06.520 --> 03:47:09.879 ordinance to your point that you know what there is some 03:47:09.879 --> 03:47:10.879 survivability in 03:47:10.879 --> 03:47:13.229 there so I just wanted if you hadn't got to that level of 03:47:13.229 --> 03:47:14.200 detail that is in our 03:47:14.200 --> 03:47:17.889 ordinance so keep an eye on us and come back when we bring 03:47:17.889 --> 03:47:19.180 this forward and I 03:47:19.180 --> 03:47:21.139 think we're gonna have some work sessions as well and 03:47:21.139 --> 03:47:21.760 invited to come 03:47:21.760 --> 03:47:28.819 and participate those as well thank you very much next 03:47:28.819 --> 03:47:30.159 speaker is Michael Hinnan 03:47:30.159 --> 03:47:39.819 to be followed by Katherine Lundgarten thank you Chairman 03:47:39.819 --> 03:47:41.520 Strange I'm 03:47:41.520 --> 03:47:45.670 Michael Hinnan I live at 724 Thomas Street here in Denton I 03:47:45.670 --> 03:47:49.040 feel a little bit 03:47:49.040 --> 03:47:54.350 inadequate after hearing all this detailed and very numer 03:47:54.350 --> 03:47:55.959 ically detailed 03:47:55.959 --> 03:48:00.639 discussion going on about you know per inch and per square 03:48:00.639 --> 03:48:02.159 foot and this that 03:48:02.159 --> 03:48:04.360 and the other thing I'm speaking simply from the 03:48:04.360 --> 03:48:06.319 perspective of a citizen who 03:48:06.319 --> 03:48:09.989 lives here in Denton and is concerned about the loss of 03:48:09.989 --> 03:48:11.559 green space that I see 03:48:11.559 --> 03:48:15.379 occurring Mr. Morgan showed you that slide early in his 03:48:15.379 --> 03:48:16.360 presentation that 03:48:16.360 --> 03:48:20.909 showed an area of the city that had been a beautiful area 03:48:20.909 --> 03:48:22.719 and it's been scalped 03:48:22.719 --> 03:48:26.680 and it looks terrible and we know that even the houses that 03:48:26.680 --> 03:48:27.799 are put in there 03:48:27.799 --> 03:48:32.200 and have trees planted around them it's never going to be 03:48:32.200 --> 03:48:33.600 what it looked like 03:48:33.600 --> 03:48:38.829 before that piece of property was was developed and so it's 03:48:38.829 --> 03:48:39.959 very important for 03:48:39.959 --> 03:48:44.969 us to urge developers to develop their their properties to 03:48:44.969 --> 03:48:46.600 the extent that it 03:48:46.600 --> 03:48:52.100 preserves the maximum amount we can of this beautiful cross 03:48:52.100 --> 03:48:53.799 timbers area that 03:48:53.799 --> 03:48:57.950 we live in and and I'm afraid that our current ordinance 03:48:57.950 --> 03:48:59.360 and even the one that's 03:48:59.360 --> 03:49:03.799 proposed so far does not go far enough in trying to 03:49:03.799 --> 03:49:06.399 preserve the the nature of 03:49:06.399 --> 03:49:11.079 the and the natural landscape of the area that that we live 03:49:11.079 --> 03:49:12.360 in I was 03:49:12.360 --> 03:49:16.170 concerned about the same issue that Commissioner Beck 03:49:16.170 --> 03:49:17.639 brought up about the 03:49:17.639 --> 03:49:22.950 city's exemption from certain parts of the proposed 03:49:22.950 --> 03:49:25.600 ordinance and I would urge 03:49:25.600 --> 03:49:30.870 the the Commission here to pay close attention as to 03:49:30.870 --> 03:49:33.000 whether or not that is a 03:49:33.000 --> 03:49:36.399 proper exemption I've seen projects carried out by city 03:49:36.399 --> 03:49:37.280 departments that have 03:49:37.280 --> 03:49:41.979 left parts of our city looking a whole lot worse than when 03:49:41.979 --> 03:49:43.040 this when they 03:49:43.040 --> 03:49:48.719 started and I do not want any any part of our city to go 03:49:48.719 --> 03:49:51.159 forward continuing to 03:49:51.159 --> 03:49:55.209 make our city look worse than it does does now so I would 03:49:55.209 --> 03:49:57.239 urge you not to give 03:49:57.239 --> 03:50:01.110 any kind of blanket exemption I was also kind of concerned 03:50:01.110 --> 03:50:03.319 with some of the 03:50:03.319 --> 03:50:07.000 exemptions from the kinds of trees that were on the list to 03:50:07.000 --> 03:50:07.760 be cut and I 03:50:07.760 --> 03:50:12.909 understand that this is some type of a of a draft proposal 03:50:12.909 --> 03:50:14.319 and perhaps it's not 03:50:14.319 --> 03:50:18.030 the same as what I looked at online when I was looking at 03:50:18.030 --> 03:50:19.440 the exhibits to the 03:50:19.440 --> 03:50:24.590 ordinance but some of the exempt trees that apparently are 03:50:24.590 --> 03:50:27.079 not covered are our 03:50:27.079 --> 03:50:30.969 native trees to this area and can be quite beautiful trees 03:50:30.969 --> 03:50:32.079 that I don't think 03:50:32.079 --> 03:50:36.170 ought to be able to be exempted without some kind of a 03:50:36.170 --> 03:50:37.959 review by a qualified 03:50:37.959 --> 03:50:43.120 arborist I didn't have any problem with with the mesquite 03:50:43.120 --> 03:50:44.799 and I didn't have any 03:50:44.799 --> 03:50:49.549 problem with with with the locust that he mentioned the 03:50:49.549 --> 03:50:51.399 tech there is a Texas 03:50:51.399 --> 03:50:55.219 Mountain ash and then I would I would yield to some arbor 03:50:55.219 --> 03:50:56.799 ist on this issue but 03:50:56.799 --> 03:51:00.260 I don't know if the Texas Mountain ash has the same 03:51:00.260 --> 03:51:01.959 vulnerability to the 03:51:01.959 --> 03:51:06.719 emerald ash borer also though I would think that that the 03:51:06.719 --> 03:51:07.600 hackberry the 03:51:07.600 --> 03:51:12.549 sugar berry the cottonwood and the the Texas cedars and 03:51:12.549 --> 03:51:14.319 even the Baudart not 03:51:14.319 --> 03:51:19.700 to be automatically on on lists of exempted trees many of 03:51:19.700 --> 03:51:20.600 those trees can 03:51:20.600 --> 03:51:24.920 be quite beautiful and offer a lot of habitat for trees and 03:51:24.920 --> 03:51:26.799 and food for 03:51:26.799 --> 03:51:31.049 excuse me for birds and food for birds and add a lot to our 03:51:31.049 --> 03:51:32.520 environment and it 03:51:32.520 --> 03:51:35.920 gets us away from just having a monoculture of certain 03:51:35.920 --> 03:51:36.920 kinds of trees 03:51:36.920 --> 03:51:41.600 that's my concerns thank you thank you I see no questions 03:51:41.600 --> 03:51:44.079 thank you sir 03:51:45.799 --> 03:51:57.899 Catherine to be followed by Michelle Barry I'm Catherine 03:51:57.899 --> 03:52:00.159 lost starting 11809 03:52:00.159 --> 03:52:06.840 Sutherland my background just so to expose my biases I'm a 03:52:06.840 --> 03:52:07.600 life member of 03:52:07.600 --> 03:52:12.040 the Native Plant Society of Texas and I'm a charter member 03:52:12.040 --> 03:52:13.239 of the chapter 03:52:13.239 --> 03:52:17.500 that's here in Denton the Trinity Forks chapter and so I 03:52:17.500 --> 03:52:19.600 want to add my support 03:52:19.600 --> 03:52:23.059 for some of the recent comments about the value of 03:52:23.059 --> 03:52:24.879 preserving the existing 03:52:24.879 --> 03:52:31.479 trees because of the biological diversity that they provide 03:52:31.479 --> 03:52:33.200 all trees are not 03:52:33.200 --> 03:52:38.940 created equal trees that are nursery grown to be planted in 03:52:38.940 --> 03:52:40.239 residential and 03:52:40.239 --> 03:52:44.950 commercial developments have to be mass produced so they 03:52:44.950 --> 03:52:46.319 have to be there then 03:52:46.319 --> 03:52:50.780 those decisions are driven by economic factors so you tend 03:52:50.780 --> 03:52:53.440 to get a very narrow 03:52:53.440 --> 03:52:59.690 scope of tree species that are available for developers or 03:52:59.690 --> 03:53:01.040 homeowners 03:53:01.040 --> 03:53:05.090 individuals to purchase because the they're going to grow 03:53:05.090 --> 03:53:06.319 the ones that grow 03:53:06.319 --> 03:53:09.500 the fastest that require the least amount of water and 03:53:09.500 --> 03:53:10.479 fertilizer and 03:53:10.479 --> 03:53:14.760 attention and market demands are going to say yes those are 03:53:14.760 --> 03:53:16.040 the ones we're going 03:53:16.040 --> 03:53:21.280 to buy so there's just no comparison between planting a 03:53:21.280 --> 03:53:23.040 hundred trees and 03:53:23.040 --> 03:53:27.479 preserving a hundred trees that are already out there 03:53:27.479 --> 03:53:29.479 similarly there are 03:53:29.479 --> 03:53:33.270 quite a few species of trees that we don't know how to grow 03:53:33.270 --> 03:53:34.360 them commercially 03:53:34.360 --> 03:53:39.620 or they can't be post oak is an outstanding example and one 03:53:39.620 --> 03:53:40.559 of the 03:53:40.559 --> 03:53:46.899 stated purposes of the new ordinance is to preserve and 03:53:46.899 --> 03:53:48.840 promote our cross 03:53:48.840 --> 03:53:55.600 timbers ecosystem the heritage local to this part of Texas 03:53:55.600 --> 03:53:57.280 the post oak is like 03:53:57.280 --> 03:54:01.040 the signature tree of that ecosystem just to just to 03:54:01.040 --> 03:54:03.200 mention one example the 03:54:03.200 --> 03:54:07.899 more diverse plants species that you have relates to the 03:54:07.899 --> 03:54:09.959 diversity of insects 03:54:09.959 --> 03:54:15.270 the diversity of every other animal living species that 03:54:15.270 --> 03:54:17.159 that is part of that 03:54:17.159 --> 03:54:22.530 ecosystem most birds can only eat certain insects if others 03:54:22.530 --> 03:54:23.120 are available 03:54:23.120 --> 03:54:27.040 in abundance and the ones they want are not they can't 03:54:27.040 --> 03:54:28.840 survive they can't switch 03:54:28.840 --> 03:54:35.100 like we can switch our diet at will so if we and insects 03:54:35.100 --> 03:54:37.319 also need certain 03:54:37.319 --> 03:54:41.489 plants to survive if that plant is not there that insect is 03:54:41.489 --> 03:54:42.440 not there if that 03:54:42.440 --> 03:54:47.760 insect is not there that bird is not there so preserving a 03:54:47.760 --> 03:54:50.520 diversity of tree 03:54:50.520 --> 03:54:55.290 species throughout our city and especially that those 03:54:55.290 --> 03:54:56.879 species that are 03:54:56.879 --> 03:55:00.409 characteristic of our ecosystem it makes us different from 03:55:00.409 --> 03:55:01.680 all other parts of the 03:55:01.680 --> 03:55:07.709 state a Texas mountain ash for example I'm not familiar 03:55:07.709 --> 03:55:09.680 with that species but 03:55:09.680 --> 03:55:14.920 if it's a mountain ash it's not native to the cross timbers 03:55:14.920 --> 03:55:16.840 prairie system and 03:55:16.840 --> 03:55:21.399 it may grow here and as the you know climate conditions 03:55:21.399 --> 03:55:23.399 change that may be a 03:55:23.399 --> 03:55:27.549 tree that we import because it will survive here but 03:55:27.549 --> 03:55:29.239 preserving what's 03:55:29.239 --> 03:55:35.350 already here is so important and that's what I like about 03:55:35.350 --> 03:55:37.920 the ordinance thank 03:55:37.920 --> 03:55:43.600 you for your comments and this is a public hearing and I'm 03:55:43.600 --> 03:55:44.360 down to my last 03:55:44.360 --> 03:55:47.540 card so if there's anyone else that would like to speak you 03:55:47.540 --> 03:55:48.399 can come forward 03:55:48.399 --> 03:55:52.450 after miss Barry and give your comments and then please 03:55:52.450 --> 03:55:54.120 fill out a card good 03:55:54.120 --> 03:55:59.270 evening Michelle Barry 1716 West Eagle that in Texas and I 03:55:59.270 --> 03:56:00.520 just like to start 03:56:00.520 --> 03:56:02.920 by saying I think Haywood is a great resource that the city 03:56:02.920 --> 03:56:03.559 of Denton has 03:56:03.559 --> 03:56:06.719 he's absolutely fabulous I do call him him for professional 03:56:06.719 --> 03:56:07.840 advice from time to 03:56:07.840 --> 03:56:10.690 time as well as personal advice from my own trees so I just 03:56:10.690 --> 03:56:11.879 think he's great and 03:56:11.879 --> 03:56:14.530 I appreciate the work that he's done I wanted to echo the 03:56:14.530 --> 03:56:15.579 comments about the 03:56:15.579 --> 03:56:18.250 value of the existing cross timbers forest especially the 03:56:18.250 --> 03:56:19.159 blackjack oak and 03:56:19.159 --> 03:56:22.450 the post oak those are native trees you cannot replant them 03:56:22.450 --> 03:56:23.600 you cannot buy them 03:56:23.600 --> 03:56:26.690 at nurseries they have a special value to the citizens here 03:56:26.690 --> 03:56:27.680 in Denton I know 03:56:27.680 --> 03:56:29.440 that because they have a special value to me and I know 03:56:29.440 --> 03:56:30.120 that because when I 03:56:30.120 --> 03:56:32.870 worked at the city of Denton I heard that from the citizens 03:56:32.870 --> 03:56:33.479 I worked on 03:56:33.479 --> 03:56:35.739 several of those projects where trees were removed 03:56:35.739 --> 03:56:37.040 including the example that 03:56:37.040 --> 03:56:39.879 Haywood showed you so I know firsthand from dealing with 03:56:39.879 --> 03:56:41.000 the citizens adjacent 03:56:41.000 --> 03:56:44.420 to that how much these trees are valued by the citizens I 03:56:44.420 --> 03:56:45.600 like that we have a 03:56:45.600 --> 03:56:48.709 minimum preservation for these trees and I like that we put 03:56:48.709 --> 03:56:49.840 extra emphasis on the 03:56:49.840 --> 03:56:53.860 native species as heritage trees I think the 30% goal is 03:56:53.860 --> 03:56:54.920 great that's really what 03:56:54.920 --> 03:56:58.389 we want to be at is 30% or higher for a whole city wide and 03:56:58.389 --> 03:56:59.639 so I think this code 03:56:59.639 --> 03:57:03.040 that requires that but then allows for an additional 03:57:03.040 --> 03:57:05.840 removal of 15% of those if 03:57:05.840 --> 03:57:08.680 you mitigate honestly I think most mitigation will happen 03:57:08.680 --> 03:57:09.479 by planting on 03:57:09.479 --> 03:57:11.819 site rather than paying into the fee I know we talked a lot 03:57:11.819 --> 03:57:12.959 about that but the 03:57:12.959 --> 03:57:15.420 option they have is to plant and that counts as their 03:57:15.420 --> 03:57:16.719 landscape plantings so I 03:57:16.719 --> 03:57:19.370 think in most circumstances that's probably what's going to 03:57:19.370 --> 03:57:20.559 happen we'd have 03:57:20.559 --> 03:57:24.079 to go through some scenarios to kind of check on all of 03:57:24.079 --> 03:57:26.680 that so I haven't also 03:57:26.680 --> 03:57:29.360 been reading a lot of tree codes recently and I just I 03:57:29.360 --> 03:57:30.239 really like the 03:57:30.239 --> 03:57:32.559 one that's been drafted here for Denton I think it is 03:57:32.559 --> 03:57:33.600 unique to us I think it 03:57:33.600 --> 03:57:39.180 does represent our city as a community let's see I think 03:57:39.180 --> 03:57:41.079 that this code will 03:57:41.079 --> 03:57:43.549 work on a variety of different kinds of lots it'll even 03:57:43.549 --> 03:57:44.280 work in your smaller 03:57:44.280 --> 03:57:47.489 subdivisions developers will have to change their practices 03:57:47.489 --> 03:57:48.280 a little bit to 03:57:48.280 --> 03:57:50.799 be inclusive of trees when they're laying out the subdiv 03:57:50.799 --> 03:57:51.680 isions and laying 03:57:51.680 --> 03:57:54.020 out open spaces especially where they know they're going to 03:57:54.020 --> 03:57:54.719 have smaller lot 03:57:54.719 --> 03:57:57.360 homes because you can't preserve as many trees on those 03:57:57.360 --> 03:57:59.040 individual lots but I've 03:57:59.040 --> 03:58:01.440 seen great examples throughout the Metroplex where people 03:58:01.440 --> 03:58:02.440 preserve trees and 03:58:02.440 --> 03:58:05.930 medians and entry spaces and open space areas which then 03:58:05.930 --> 03:58:07.200 benefit the entire 03:58:07.200 --> 03:58:09.860 subdivision and those open space areas are especially 03:58:09.860 --> 03:58:11.120 valuable where you have 03:58:11.120 --> 03:58:13.770 smaller lot homes as people don't have the backyards and 03:58:13.770 --> 03:58:14.840 they increase the 03:58:14.840 --> 03:58:17.209 value of those homes in those neighborhoods because more of 03:58:17.209 --> 03:58:17.639 them are 03:58:17.639 --> 03:58:21.280 within that 800 to 1200 foot range of those areas so I 03:58:21.280 --> 03:58:22.120 think that's just great 03:58:22.120 --> 03:58:25.959 as well and I think it works pretty much everywhere if it 03:58:25.959 --> 03:58:27.120 doesn't work there is a 03:58:27.120 --> 03:58:30.899 variance built into the code to allow for staff and 03:58:30.899 --> 03:58:32.639 possible appeal to the 03:58:32.639 --> 03:58:36.870 zoning board of adjustment so there is a safety valve if it 03:58:36.870 --> 03:58:39.079 's necessary I think 03:58:39.079 --> 03:58:41.120 that's the summary of all of my comments but I think it's a 03:58:41.120 --> 03:58:42.040 great code I hope you 03:58:42.040 --> 03:58:46.659 adopt it as it's presented tonight thanks thank you again 03:58:46.659 --> 03:58:47.760 this is a public 03:58:47.760 --> 03:58:49.860 hearing is there anyone else that would like to come down 03:58:49.860 --> 03:58:51.120 and speak at this time 03:58:51.120 --> 03:58:54.549 okay please come forward give your name and address and 03:58:54.549 --> 03:58:55.559 when you're done if you 03:58:55.559 --> 03:58:58.600 don't fill out a card for us we'd appreciate it 03:58:58.600 --> 03:59:01.629 earlier that I didn't want to speak but I decided that I do 03:59:01.629 --> 03:59:02.520 want to okay so 03:59:02.520 --> 03:59:06.239 Lindy Dodd I live at 612 Pearl Street okay I've been a 03:59:06.239 --> 03:59:07.559 longtime resident of 03:59:07.559 --> 03:59:10.129 Denton 20 plus years I have a couple of degrees from the 03:59:10.129 --> 03:59:11.120 University of North 03:59:11.120 --> 03:59:14.319 Texas environmental science I have a master's in 03:59:14.319 --> 03:59:15.760 environmental science and my 03:59:15.760 --> 03:59:19.020 current occupation is a research biologist and I just 03:59:19.020 --> 03:59:20.159 wanted to speak in 03:59:20.159 --> 03:59:24.420 support of several of the people who have just spoken about 03:59:24.420 --> 03:59:25.799 the importance of 03:59:25.799 --> 03:59:31.340 the post oak and blackjack oak ecosystem it is actually 03:59:31.340 --> 03:59:32.719 quite unique 03:59:32.719 --> 03:59:38.239 for the north central Texas and I also wanted to speak to 03:59:38.239 --> 03:59:40.000 the fact that our 03:59:40.000 --> 03:59:43.190 home that we live out at 612 Pearl Street has quite a 03:59:43.190 --> 03:59:44.360 number of large 03:59:44.360 --> 03:59:51.040 diameter post oak trees and that the the new tree code I 03:59:51.040 --> 03:59:52.319 don't have any issue 03:59:52.319 --> 03:59:56.559 with if say one of our trees dies and I have to replace it 03:59:56.559 --> 03:59:57.920 obviously I don't have 03:59:57.920 --> 04:00:01.670 any issues with having to do that and I also want to say 04:00:01.670 --> 04:00:03.680 that when we purchased 04:00:03.680 --> 04:00:07.959 our home we actually paid above the appraised value of our 04:00:07.959 --> 04:00:09.319 home by about 04:00:09.319 --> 04:00:13.860 $10,000 because it was a tree lot and we we've really 04:00:13.860 --> 04:00:15.600 valued the large post oaks 04:00:15.600 --> 04:00:20.559 that were on that property and since that time our property 04:00:20.559 --> 04:00:21.559 we get quite a 04:00:21.559 --> 04:00:25.030 few letters and folks that that want to purchase the 04:00:25.030 --> 04:00:27.040 property from us now and 04:00:27.040 --> 04:00:31.479 every time we hear we love the trees we love your trees we 04:00:31.479 --> 04:00:32.920 love your post oaks 04:00:32.920 --> 04:00:37.819 and I just wanted to convey as a resident of the city of 04:00:37.819 --> 04:00:42.360 Denton how important are 04:00:42.360 --> 04:00:48.469 or how I feel as far as the post oak blackjack oak Eastern 04:00:48.469 --> 04:00:50.639 Crosstoran Timbers 04:00:50.639 --> 04:00:55.239 ecosystem is to the city of Denton and that preserving 04:00:55.239 --> 04:00:56.680 these these older stands 04:00:56.680 --> 04:01:00.700 of canopy are very important and they're very difficult to 04:01:00.700 --> 04:01:01.680 replace once they've 04:01:01.680 --> 04:01:05.100 been removed I believe that someone spoke as to how 04:01:05.100 --> 04:01:06.639 difficult it is to get 04:01:06.639 --> 04:01:09.520 some of these trees commercially for a variety of reasons 04:01:09.520 --> 04:01:10.440 that have already 04:01:10.440 --> 04:01:14.920 been explained but they are very difficult to purchase 04:01:14.920 --> 04:01:15.680 commercially and 04:01:15.680 --> 04:01:19.700 they are very difficult to get established so preserving 04:01:19.700 --> 04:01:20.799 these in this 04:01:20.799 --> 04:01:25.360 ecosystem it seems to me in my mind and in my opinion much 04:01:25.360 --> 04:01:27.440 more important than 04:01:27.440 --> 04:01:29.979 trying to mitigate for it after the fact by planting a 04:01:29.979 --> 04:01:31.639 bunch of live oaks with 04:01:31.639 --> 04:01:35.540 their used to be post oaks it's pretty much all I had I 04:01:35.540 --> 04:01:36.680 wasn't really prepared 04:01:36.680 --> 04:01:39.629 and I don't do well speaking in front of people so thank 04:01:39.629 --> 04:01:40.520 you very much 04:01:40.520 --> 04:01:45.760 thank you again this public hearing is there anyone else 04:01:45.760 --> 04:01:46.879 who would like to speak 04:01:46.879 --> 04:01:49.600 to us this evening 04:01:54.520 --> 04:01:55.969 since we have a motion that this item is going to be 04:01:55.969 --> 04:01:59.360 continued we're going to 04:01:59.360 --> 04:02:04.180 leave our public hearing open and we're going to move on to 04:02:04.180 --> 04:02:05.600 the final item that 04:02:05.600 --> 04:02:11.680 we have on our agenda tonight I'm sorry I didn't see you on 04:02:11.680 --> 04:02:12.479 the board and there's 04:02:12.479 --> 04:02:16.540 some couple more on here now sorry Commissioner Taylor 04:02:16.540 --> 04:02:17.879 thank you chair I 04:02:17.879 --> 04:02:20.879 just wanted to so when we come back to our work session I 04:02:20.879 --> 04:02:21.600 wanted to give the 04:02:21.600 --> 04:02:25.739 feedback from my feedback on this so far you know we have 04:02:25.739 --> 04:02:27.620 two primary purposes of 04:02:27.620 --> 04:02:31.040 our tree ordinance one is preservation preservation of you 04:02:31.040 --> 04:02:32.000 know very important 04:02:32.000 --> 04:02:36.600 in this area is cross timbers and just general treat areas 04:02:36.600 --> 04:02:37.879 and then we also 04:02:37.879 --> 04:02:43.989 have creating a built space that is treed and that we want 04:02:43.989 --> 04:02:45.360 and I think this 04:02:45.360 --> 04:02:50.559 this ordinance does a really good job on the built spaces 04:02:50.559 --> 04:02:51.680 it doesn't have as much 04:02:51.680 --> 04:02:54.620 on just general preservation our former ordinance or 04:02:54.620 --> 04:02:55.920 current ordinance that 04:02:55.920 --> 04:02:59.149 we're looking at revising had tree trusts and all of these 04:02:59.149 --> 04:02:59.879 different 04:02:59.879 --> 04:03:05.729 mechanisms that in 14 years have never been used a single 04:03:05.729 --> 04:03:08.079 time so if there was 04:03:08.079 --> 04:03:12.000 a way to make a tree trust work I love the idea of tree 04:03:12.000 --> 04:03:13.520 trusts but if in the 04:03:13.520 --> 04:03:17.319 last 40,000 people that have moved here in the last 25,000 04:03:17.319 --> 04:03:18.600 units of housing that 04:03:18.600 --> 04:03:21.899 have been built and over the over a decade we've never once 04:03:21.899 --> 04:03:22.799 been able to make 04:03:22.799 --> 04:03:26.709 it work I don't know what it would take to to make that 04:03:26.709 --> 04:03:30.159 work the economic 04:03:30.159 --> 04:03:34.559 concerns from development I think I think they realize I 04:03:34.559 --> 04:03:36.040 think it's so this 04:03:36.040 --> 04:03:38.360 is a complex ordinance and there's a lot of information 04:03:38.360 --> 04:03:39.520 here but I think in the in 04:03:39.520 --> 04:03:42.479 going through this process they've realized that being able 04:03:42.479 --> 04:03:43.760 to double count 04:03:43.760 --> 04:03:48.909 preservation with landscape and street trees and parking 04:03:48.909 --> 04:03:50.559 trees is a massive 04:03:50.559 --> 04:03:53.290 benefit because normally it's you have to preserve 20% and 04:03:53.290 --> 04:03:54.040 then you have to 04:03:54.040 --> 04:03:57.639 come up with another 300 trees for the parking lots or 04:03:57.639 --> 04:03:59.200 another you know 80 04:03:59.200 --> 04:04:02.649 trees for the landscape type D landscape buffer along the 04:04:02.649 --> 04:04:04.040 back of the property or 04:04:04.040 --> 04:04:08.149 things like that well now those 300 parking lot trees in 04:04:08.149 --> 04:04:08.920 that apartment 04:04:08.920 --> 04:04:14.069 complex in the example would be 300,000 square feet of 04:04:14.069 --> 04:04:16.600 canopy it would easily hit 04:04:16.600 --> 04:04:22.020 that 117,000 square feet of canopy requirement and I think 04:04:22.020 --> 04:04:22.600 even in the 04:04:22.600 --> 04:04:26.930 worst-case scenario of a 100% tree lot you know if you have 04:04:26.930 --> 04:04:28.399 50 acres 100% 04:04:28.399 --> 04:04:34.079 trees zero ESA zero floodplain it's all buildable you could 04:04:34.079 --> 04:04:35.360 still probably hit 04:04:35.360 --> 04:04:40.879 your your your president or your mitigation requirements 04:04:40.879 --> 04:04:42.340 just in the 04:04:42.340 --> 04:04:46.389 landscaping and street trees without even you know without 04:04:46.389 --> 04:04:47.159 even making 04:04:47.159 --> 04:04:50.659 concerted effort to build tree parks or dedicate to 04:04:50.659 --> 04:04:52.600 preservation but if you had 04:04:52.600 --> 04:04:55.000 to put it in preservation you're still looking at a 15% 04:04:55.000 --> 04:04:57.360 preservation so 23 acres 04:04:57.360 --> 04:05:00.690 you end up with about three acres at the back that you don 04:05:00.690 --> 04:05:02.559 't build on so to say 04:05:02.559 --> 04:05:05.840 that this makes a project completely economically untenable 04:05:05.840 --> 04:05:06.360 it lowers the 04:05:06.360 --> 04:05:10.420 value of that land by approximately 15% but it doesn't make 04:05:10.420 --> 04:05:11.799 building in 04:05:11.799 --> 04:05:15.819 Denton untenable in fact I think it makes it a lot more a 04:05:15.819 --> 04:05:17.559 lot easier than it is 04:05:17.559 --> 04:05:21.239 today because I think in today you'd end up with you know 04:05:21.239 --> 04:05:22.360 this you have to 04:05:22.360 --> 04:05:24.860 preserve about three acres and then you have to go plant 04:05:24.860 --> 04:05:26.000 all of these additional 04:05:26.000 --> 04:05:32.000 landscaping street trees the single-family exemption or no 04:05:32.000 --> 04:05:32.280 finger 04:05:32.280 --> 04:05:35.680 single-family exemption no small lot exemption I think that 04:05:35.680 --> 04:05:36.360 's where you could 04:05:36.360 --> 04:05:40.200 really get in trouble is you could have a fifth acre lot 04:05:40.200 --> 04:05:41.079 that becomes 04:05:41.079 --> 04:05:44.809 unbuildable because it's got a handful of large trees and 04:05:44.809 --> 04:05:45.559 they're in the wrong 04:05:45.559 --> 04:05:48.620 place and there's absolutely nothing you can do and you can 04:05:48.620 --> 04:05:50.319 't mitigate below 15% 04:05:50.319 --> 04:05:53.860 if you have to cut down all three large trees on that lot 04:05:53.860 --> 04:05:55.719 over on Frye Street 04:05:55.719 --> 04:06:02.440 you're at 0% and so that becomes completely unusable and I 04:06:02.440 --> 04:06:02.840 guess that 04:06:02.840 --> 04:06:05.200 would be a case for the ZBA but I don't think it would be 04:06:05.200 --> 04:06:06.719 worth going to the ZBA 04:06:06.719 --> 04:06:10.739 for a fifth acre lot you know it had to be a really special 04:06:10.739 --> 04:06:11.959 case so I'd like to 04:06:11.959 --> 04:06:15.469 look at those the fringe cases of small lots and 04:06:15.469 --> 04:06:17.559 potentially of an existing 04:06:17.559 --> 04:06:22.149 single-family home where you might have a Bradford pear in 04:06:22.149 --> 04:06:23.040 the front and an oak 04:06:23.040 --> 04:06:26.709 in the back and you know you have to remove one of them and 04:06:26.709 --> 04:06:27.719 in you get in a 04:06:27.719 --> 04:06:31.340 bind on you know you get in a position where you know you 04:06:31.340 --> 04:06:32.760 can't really replant 04:06:32.760 --> 04:06:40.120 on your NR6 with your Bradford pear I think those are those 04:06:40.120 --> 04:06:40.559 are all of my 04:06:40.559 --> 04:06:44.729 notes I I wish we could do more to address preservation I 04:06:44.729 --> 04:06:45.440 don't think it's 04:06:45.440 --> 04:06:47.319 going to fit in this ordinance or it's going to be like a 04:06:47.319 --> 04:06:48.159 separate section on 04:06:48.159 --> 04:06:53.389 tree trusts or alternate ways of preserving large acreages 04:06:53.389 --> 04:06:54.479 of existing 04:06:54.479 --> 04:07:00.360 forest thank you. Commissioner Dudlewicz. Hey would could 04:07:00.360 --> 04:07:01.360 you I'm going to ask a 04:07:01.360 --> 04:07:05.850 question for point of clarification as we're talking trees 04:07:05.850 --> 04:07:07.399 and development help 04:07:07.399 --> 04:07:12.829 me understand UNT and TWU and what ordinances or 04:07:12.829 --> 04:07:14.200 requirements they have 04:07:14.200 --> 04:07:17.629 because they're going to future develop I'm looking at the 04:07:17.629 --> 04:07:18.879 old golf course which 04:07:18.879 --> 04:07:21.840 is going to go someplace and there's been discussion about 04:07:21.840 --> 04:07:23.079 a housing and/or 04:07:23.079 --> 04:07:26.000 parks and/or classrooms and there's some beautiful trees in 04:07:26.000 --> 04:07:27.440 that property as well 04:07:27.440 --> 04:07:31.100 as the old Texas North Texas golf course that still is 04:07:31.100 --> 04:07:32.680 quite open for future 04:07:32.680 --> 04:07:36.920 development and there's again ponds and trees there what do 04:07:36.920 --> 04:07:39.520 they fall under? 04:07:39.520 --> 04:07:47.840 State. State ordinances or development has what? Yes yeah I 04:07:47.840 --> 04:07:50.040 mean they they they 04:07:50.040 --> 04:07:53.799 are exempt from they're exempt from everything right that 04:07:53.799 --> 04:07:55.879 that being said I 04:07:55.879 --> 04:07:59.930 have you know been called upon by the the I think she was 04:07:59.930 --> 04:08:01.079 the landscape 04:08:01.079 --> 04:08:05.739 architect for UNT to discuss a project that they were doing 04:08:05.739 --> 04:08:06.559 on campus in 04:08:06.559 --> 04:08:10.319 relation to some of their existing mature trees as far as 04:08:10.319 --> 04:08:11.079 assessing the 04:08:11.079 --> 04:08:13.379 health conditions and the alignment of where they were 04:08:13.379 --> 04:08:14.879 going with their their 04:08:14.879 --> 04:08:19.020 project. What about the discussion with TWU? With TWU and I 04:08:19.020 --> 04:08:20.440 'm not sure if they 04:08:20.440 --> 04:08:22.760 are private or state school. They're private. If they're 04:08:22.760 --> 04:08:23.760 private school then 04:08:23.760 --> 04:08:28.239 they would be they would fall under the regulations and 04:08:28.239 --> 04:08:28.440 under our 04:08:28.440 --> 04:08:31.000 jurisdiction. I'm sorry then they're not private. I'm not 04:08:31.000 --> 04:08:32.440 sure if you know if 04:08:32.440 --> 04:08:35.209 they're state then they would be you know in the same 04:08:35.209 --> 04:08:37.159 category as as UNT. 04:08:37.159 --> 04:08:39.600 That's a concern because there's a lot of trees and a lot 04:08:39.600 --> 04:08:40.200 of development 04:08:40.200 --> 04:08:45.920 potential there. We have people from ex-UNT here too I'm 04:08:45.920 --> 04:08:46.680 hoping they're 04:08:46.680 --> 04:08:51.280 pushing it in and making some comments and or getting 04:08:51.280 --> 04:08:52.379 involved with what's what 04:08:52.379 --> 04:08:57.559 could happen there. All right thank you. 04:08:59.840 --> 04:09:04.790 Okay any other questions or discussion on on this public 04:09:04.790 --> 04:09:07.000 hearing item? 04:09:09.200 --> 04:09:11.690 Seeing none again this public hearing is going to remain 04:09:11.690 --> 04:09:12.840 open. It will be 04:09:12.840 --> 04:09:16.229 continued indefinitely and we will continue to work on this 04:09:16.229 --> 04:09:17.959 ordinance and I 04:09:17.959 --> 04:09:20.979 think one of the things that we are hopeful is to have at 04:09:20.979 --> 04:09:21.959 least one or two 04:09:21.959 --> 04:09:25.479 work sessions before it comes back so we encourage anybody 04:09:25.479 --> 04:09:26.879 who is interested in 04:09:26.879 --> 04:09:31.110 this issue please stay apprised of that and you're welcome 04:09:31.110 --> 04:09:32.219 to come and continue 04:09:32.219 --> 04:09:35.579 to give us staff feedback and your thoughts and attend the 04:09:35.579 --> 04:09:37.159 work sessions so 04:09:37.159 --> 04:09:41.250 that we can work out whatever the items are that need to be 04:09:41.250 --> 04:09:42.600 addressed and fine 04:09:42.600 --> 04:09:46.620 tuned and tweaked and come back here for a continued public 04:09:46.620 --> 04:09:47.840 hearing to move this 04:09:47.840 --> 04:09:50.540 ordinance on forward to City Council. So thank you all for 04:09:50.540 --> 04:09:51.600 coming out tonight to 04:09:51.600 --> 04:09:55.520 participate and we are going to now move to our final item 04:09:55.520 --> 04:09:56.920 tonight which is going 04:09:56.920 --> 04:10:02.319 to be our project matrix and our concluding items. 04:10:07.719 --> 04:10:12.319 Commissioner Dudowitz. This is a question from all on page 04:10:12.319 --> 04:10:15.000 three of the matrix or I love this new 04:10:15.000 --> 04:10:20.479 matrix looks really good but on page three one of my 04:10:20.479 --> 04:10:23.319 comments that I 04:10:23.319 --> 04:10:26.180 received information regarding power and duties of the 04:10:26.180 --> 04:10:27.840 Commission relating to 04:10:27.840 --> 04:10:31.610 clearance and slum rehabilitation of blighted areas. I 04:10:31.610 --> 04:10:33.280 recall you said that 04:10:33.280 --> 04:10:36.729 there is a conflict between what we're allowed to do and 04:10:36.729 --> 04:10:38.200 code enforcement but I 04:10:38.200 --> 04:10:43.120 don't ever remember getting any clarification back on that. 04:10:43.120 --> 04:10:46.159 Commissioner Dudowitz I believe a memo was prepared and 04:10:46.159 --> 04:10:48.719 sent to the entire Commission and I will 04:10:48.719 --> 04:10:52.739 double-check to make sure that didn't slip through the 04:10:52.739 --> 04:10:54.440 cracks. Okay that'd be 04:10:54.440 --> 04:10:56.620 great because I don't recall. I apologize I know we did 04:10:56.620 --> 04:11:00.040 talk about it and I had one of our 04:11:00.040 --> 04:11:04.430 team members prepared a write-up for the Commission so I'll 04:11:04.430 --> 04:11:05.520 look into that and 04:11:05.520 --> 04:11:09.000 make sure and find out what happened to that. 04:11:10.680 --> 04:11:15.840 Anyone else on the project matrix or a future agenda item 04:11:15.840 --> 04:11:17.959 or concluding item? 04:11:19.920 --> 04:11:25.069 Seeing none I'm going to close our meeting tonight at 9 31. 04:11:25.069 --> 04:11:25.559 Thank you all 04:11:25.559 --> 04:11:28.159 for coming out.