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and Zoning Commission special call meeting for March the 28

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th 2018. This

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meeting I assume has been duly posted and we do have a qu

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orum present and so

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at this time I will kick us off and I'm gonna turn it over

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to Richard to run us

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through the presentation of the update on the Denton code

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2030. I'll be brief and

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and turn most of it over to our consultant Clarion. As you

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know they've

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been involved in updating our DDC. We're now into module 2.

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This is the second out

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of the third if you recall module module module I've said

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it a number of times

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today. Modular 1 was the zoning districts. This is really

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the administrative

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procedures as well as you know application types how those

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will be

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processed and then module 3 which will be coming up next

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month are the

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development standards. So with that I'll turn it over I

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think Tariq will be

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giving us. Thank you very much chairman members of the

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Commission good to be back here. Repeat

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performance for several of you so we'll try to switch it up

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and keep it fun and

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we are gonna have fun because we're talking about

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administration and

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procedures. It's exciting stuff actually it's some of the

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biggest problems that

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we have heard about the current system in Denton has to do

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with how things are

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approved or not approved in some cases. So we have made a

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lot of changes and

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want to walk through what some of those are. First we're

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gonna give you a quick

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update on just what we are up to. Where are we in the

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overall scheme of the

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project for updating the DDC. We'll spend the bulk of the

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time talking about the

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procedures as I said and then what's coming down the road.

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There are a lot of

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moving parts right now some of which Clarion is working on

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some of which the

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city staff is working on and they all need to be integrated

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together to work

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seamlessly by the time the new code is adopted. So we'll

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tee up those

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conversations for you and then answer any questions you

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have. I think we have

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until about six o'clock but I know our public open house

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starts at six o'clock

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so we'll probably need to shift over to the chambers with

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10 or 15 minutes

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before then. So we'll keep an eye on time. My name is Tarek

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Wafai. I'm a principal

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with the firm joined by my colleagues today Matt Goble and

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Jim Spung. You

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probably most of you probably have met them at some point.

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We are planners and

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attorneys and designers. I'm not an attorney. Matt is. Jim

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is a planner as

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well. We do zoning codes all over the country. We've done a

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lot of work right

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here in Texas. Matt is from Texas. It means a lot to him to

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be working here. So

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this is our bread and butter. This is what we're good at.

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This is what we enjoy

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doing. So the main goal of the project there are several of

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them. One was to

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make the code just a more user-friendly document. First of

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all you have two

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different codes. One that needs to be repealed and one that

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is the current

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DDC. We can make it a lot more user-friendly just by clar

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ifying that

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the old DDC no longer exists. We've also included tables,

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graphics, images, things

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that really spell out what we mean when we have a standard

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written in text. Be

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clear and concise. Include and clarify the approval

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criteria. We'll talk a

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little bit about that today rather than just say you have

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to get approved. Well

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what is that decision-making body looking at when they

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either approve

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approve with conditions or deny a project? First and

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foremost implement the

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Denton plan 2030. This is a recent adoption of your new

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plan a couple of

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years ago. A lot of good policy direction in there

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accompanied by a future land

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use map which showed the direction of the community. That

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is our direction. That is

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our roadmap for implementation. The plan said here's who we

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want to be in the

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future. Now it's with the districts and uses we tried to

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align that new lineup

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of districts with the future land use designations. With

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the procedures it's

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improving governance. A lot of the things from your plan

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that talked about that we

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have included in this next module. And then also to align

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with state statutory

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requirements. Texas local government code has its own,

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gives the authority to

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cities and counties in Texas for some things and we need to

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make sure that

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we're not crosswise with those especially when it relates

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to the procedures. If

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you had any chance to spend with the subdivision procedures

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especially we had

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to strip out a lot of things that were just inconsistent

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with Texas local

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government code. So in drafting the new DDC a couple of

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slides on this. You

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remember the districts and uses that's what we came here to

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talk to you all

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about last summer. That is the the basis for a zoning code.

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What can I do on my

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property? How big can my building be? How far from the

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street? Which districts

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can I operate a certain use in the city? Today we're going

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to spend the time

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talking about that second piece administration and

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procedures. How do I

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get a project approved here? What types of things are

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evaluated by the Planning

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Commission? What types of things are evaluated by staff and

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the City Council?

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And are there exceptions to those rules? And we've got

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several new things to talk

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about today as well. Finally we'll come back actually in

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less than a month from

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now we'll be back to talk to you about the quality

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standards, the development

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standards, the third and final piece of the DDC that really

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raises the bar for

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development. Things that you all see around the city that

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you like we have

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codified those things for landscaping and parking and

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building design. So that is

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that's a fun piece to talk about as well. And the way we

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draft the code rather

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than taking your current 24 sub chapters and jumbling them

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up and coming with in

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front of you with something different we've done it in

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modules. The first piece

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there's a staff draft. Staff reviews it. Richard and Scott

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have been reviewing

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our most recent drafts as well as a number of individuals

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from the

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engineering department and all of the planners have been

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involved. Giving us

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the technical details what's it going to take to make sure

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that it works for

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Denton staff. They give us all of their comments and then

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we turn around a

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public draft and that is what was distributed to you all.

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That is what we

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will present to the public this evening as well. We've

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gotten a lot of comments

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on that first module. We've gotten a lot of comments so far

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on the second module

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and we expect to see a lot of comments on the quality

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standards. We'll take all

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of those into one table or one document and try to address

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as many of those as

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we can and turn those into a consolidated draft. That's an

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important

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piece and you'll see that on the right hand side of the

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screen. Later this

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spring probably early June you'll be presented with all

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three modules in one

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document. Now you can piece together how the districts and

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uses relate to the

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development quality standards. I can do this use but how

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much parking do I need

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and who do I need to see for an approval. We'll knit those

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all together in one

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document and that is the document that will be ultimately

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presented for

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adoption both to the Planning Commission and City Council.

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So a lot of work to go

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but we've done an awful lot of work thus far and we're

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moving on a very quick

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pace and again we'll be back next month to talk about that

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third piece. So again

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I mentioned you have 23 or 24 sub chapters in your current

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DDC. We have

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gotten that down to eight sub chapters. We think that's a

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good improvement. If

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you were to just open up the table of contents alone we've

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made a big

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improvement. It's easy to find material related to

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development in Denton now

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under this new structure. Today we're going to focus on

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really the first two

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sub chapters general provisions and the administration and

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procedures. So let's

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dive right in. In addition to the overall project goals

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this module in particular

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has goals that are specific to it some of them which

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overlap but first and

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foremost align with state law. One example specialist

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exceptions. The city

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attorney noted that hey we really don't have that authority

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with the current

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ordinance in our city to be doing special exceptions and so

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we've stripped

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that out. Making sure that we have public hearings for the

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types of

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applications that require them pursuant to state law. So

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that is an important

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first step that we take when drafting a code but also to

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streamline the process

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and when we say streamlining the process get rid of a lot

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of the dreck. Right now

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you have a lot of things that are in the code that simply

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or should not be

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located within the code. Like how many copies of a document

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do I need to

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submit when I submit my application. That can just be

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outside in a separate

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manual. Streamlining the procedures also means delegating a

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lot of decision-making

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authority to staff rather than having an alternative

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development plan procedure.

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We've introduced some other tools that we think can avoid

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that lengthy process

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and still offers a lot of flexibility for development. So

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we will talk more

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about that in the second half of the presentation. I

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mentioned this third and

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final bullet point. Engineering standards, submittal

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requirements, application

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requirements, some things just should not be in your code.

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For one you can update

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those on a more regular basis without requiring a full code

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amendment that

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requires public hearings and council approval. So we have

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noted those things.

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If you read the footnotes in the commentary you will see

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lots of

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references to outside manuals. Staff is working on criteria

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manuals right now.

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Several of them have already been completed and are up on

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the city's

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website. Some of them are still underway. It's our job to

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work closely with staff

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to make sure that we haven't left anything out and that

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there's a home

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for all of the things that are important to development. So

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let's dive right into

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the details if we could. Subchapter 1, general standards.

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Not always the sexiest

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part of a zoning code to review but this is really

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important for the attorneys

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especially. What is the applicability of the DDC? What is

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the jurisdiction of the

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DDC? How is the DDC enforced? How do we handle violations

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and penalties and

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remedies for such violations? In addition, how do we treat

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both

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nonconformities, buildings, structures, uses that were

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established legally

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at some point but because of the new DDC or the current DDC

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no longer comply

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with those regulations. We have really clarified how those

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00:11:47,200 --> 00:11:47,960
properties would be

271
00:11:47,960 --> 00:11:53,080
treated in the future. Not a lot of changes to those from

272
00:11:53,080 --> 00:11:54,159
your current DDC to

273
00:11:54,159 --> 00:11:58,440
the new but again clarifying what happens in those cases.

274
00:11:58,440 --> 00:12:00,120
Also transitioning from

275
00:12:00,120 --> 00:12:03,639
the prior regulations, your current DDC to the new proposed

276
00:12:03,639 --> 00:12:05,399
DDC. What happens if

277
00:12:05,399 --> 00:12:10,110
somebody submits an application under the current DDC? Do

278
00:12:10,110 --> 00:12:11,240
they have the

279
00:12:11,240 --> 00:12:16,360
option to be evaluated under the new DDC once adopted? And

280
00:12:16,360 --> 00:12:17,919
the answer is yes, they

281
00:12:17,919 --> 00:12:27,289
do. Also, how we, I think I mentioned how if something was

282
00:12:27,289 --> 00:12:29,600
a violation today in the

283
00:12:29,600 --> 00:12:33,779
current DDC, in the new DDC that would also be treated as a

284
00:12:33,779 --> 00:12:35,159
violation unless

285
00:12:35,159 --> 00:12:39,919
what we have drafted, what is adopted ends up bringing that

286
00:12:39,919 --> 00:12:41,159
property into

287
00:12:41,159 --> 00:12:50,110
compliance. So actually I'm gonna pause there. Are there

288
00:12:50,110 --> 00:12:52,039
any questions about the

289
00:12:52,039 --> 00:12:56,110
overall project overview, the process that we're using to

290
00:12:56,110 --> 00:12:57,320
bring this forward

291
00:12:57,320 --> 00:13:01,240
or just the general standards that first subchapter one

292
00:13:01,240 --> 00:13:02,720
before we dive into the

293
00:13:02,720 --> 00:13:11,600
procedures? I have a question. Commissioner Sanchez. When

294
00:13:11,600 --> 00:13:12,480
you, I guess

295
00:13:12,480 --> 00:13:15,539
when you're going through it, can we just interject if we

296
00:13:15,539 --> 00:13:16,759
have a question or do

297
00:13:16,759 --> 00:13:20,299
my, I had a couple of questions but I kind of wrote them

298
00:13:20,299 --> 00:13:21,399
down but I think you

299
00:13:21,399 --> 00:13:24,679
answered them later. How does this procedure gonna work?

300
00:13:24,679 --> 00:13:25,600
Well let me pause

301
00:13:25,600 --> 00:13:32,379
and ask for a clarification from staff. Is this being tele

302
00:13:32,379 --> 00:13:35,159
vised? Do the guys in

303
00:13:35,159 --> 00:13:37,850
the back need to know who's speaking or can we suspend the

304
00:13:37,850 --> 00:13:38,919
rules and do more of

305
00:13:38,919 --> 00:13:43,370
a free-for-all? I know that's the issue is who's making the

306
00:13:43,370 --> 00:13:44,080
comments for

307
00:13:44,080 --> 00:13:51,919
minutes. So question. I'll say that legally we probably

308
00:13:51,919 --> 00:13:52,879
ought to recognize

309
00:13:52,879 --> 00:14:00,799
speakers. Okay. Commissioner Sanchez. All right. Well I

310
00:14:00,799 --> 00:14:02,480
wanted to find out first if

311
00:14:02,480 --> 00:14:08,139
we could ask questions. When you were talking about state

312
00:14:08,139 --> 00:14:10,000
making compliance

313
00:14:10,000 --> 00:14:15,190
with it with the state, does that mean, I guess my question

314
00:14:15,190 --> 00:14:16,639
is if

315
00:14:16,639 --> 00:14:20,460
there's a developer and he comes and he comes to and asks

316
00:14:20,460 --> 00:14:21,639
he's gonna build

317
00:14:21,639 --> 00:14:25,860
something and he needs to know okay this is the city

318
00:14:25,860 --> 00:14:28,519
procedures, will he also be

319
00:14:28,519 --> 00:14:31,490
at that point told you also have to follow these state

320
00:14:31,490 --> 00:14:33,320
procedures so

321
00:14:33,320 --> 00:14:36,409
you're in compliance or does he have to go out to the state

322
00:14:36,409 --> 00:14:37,639
or some other agency

323
00:14:37,639 --> 00:14:42,820
to find out if there's other requirements? I understand

324
00:14:42,820 --> 00:14:43,200
your

325
00:14:43,200 --> 00:14:49,139
question. Most of the time where we have updated the DDC to

326
00:14:49,139 --> 00:14:50,360
align with state

327
00:14:50,360 --> 00:14:55,899
statutes, we just recite the same text required by state

328
00:14:55,899 --> 00:14:57,039
statute so we have

329
00:14:57,039 --> 00:15:00,460
fixed your current DDC to align with what the state statute

330
00:15:00,460 --> 00:15:01,559
says. There are

331
00:15:01,559 --> 00:15:06,059
however cross references provided in the document that say

332
00:15:06,059 --> 00:15:07,440
pursuant to state

333
00:15:07,440 --> 00:15:10,399
statute and we even give specific references to the local

334
00:15:10,399 --> 00:15:12,320
government code.

335
00:15:12,320 --> 00:15:15,779
Still in most cases the city is not going to tell you oh

336
00:15:15,779 --> 00:15:17,039
you better go read

337
00:15:17,039 --> 00:15:21,429
the state law. They're gonna know that your application has

338
00:15:21,429 --> 00:15:22,200
to rely on

339
00:15:22,200 --> 00:15:26,940
compliance with those state statutes in addition to what's

340
00:15:26,940 --> 00:15:30,080
in the DDC. So go ahead.

341
00:15:30,080 --> 00:15:35,129
If I might just maybe add a piece to that that ultimately

342
00:15:35,129 --> 00:15:36,399
the task or the

343
00:15:36,399 --> 00:15:40,629
charge part of the charge was to take our our development

344
00:15:40,629 --> 00:15:42,000
code and refine it

345
00:15:42,000 --> 00:15:45,080
to where it is we were consistent with state law and and

346
00:15:45,080 --> 00:15:46,440
that's the reference

347
00:15:46,440 --> 00:15:49,799
that he's speaking to. Whenever it is that a contractor is

348
00:15:49,799 --> 00:15:51,080
proposing to do

349
00:15:51,080 --> 00:15:54,070
something we're gonna answer every possible question that

350
00:15:54,070 --> 00:15:55,759
we can. There are

351
00:15:55,759 --> 00:15:59,200
elements i.e. if someone is doing work on a text dot right-

352
00:15:59,200 --> 00:16:00,480
of-way that they're

353
00:16:00,480 --> 00:16:03,909
gonna have to deal with that authority and work through

354
00:16:03,909 --> 00:16:04,799
text dot so there are

355
00:16:04,799 --> 00:16:07,399
gonna be times that someone's gonna have to deal with the

356
00:16:07,399 --> 00:16:08,360
state of Texas or the

357
00:16:08,360 --> 00:16:10,879
federal government on a project if it has to do with

358
00:16:10,879 --> 00:16:12,159
aviation but for the most

359
00:16:12,159 --> 00:16:16,009
part this document is gonna be consistent with state law

360
00:16:16,009 --> 00:16:16,639
with the

361
00:16:16,639 --> 00:16:19,629
exception of any nuances that council puts into it if that

362
00:16:19,629 --> 00:16:20,559
helps answer the

363
00:16:20,559 --> 00:16:23,320
question. Yeah I was just concerned about small builders

364
00:16:23,320 --> 00:16:26,279
you know and what they

365
00:16:26,279 --> 00:16:30,269
they might face if they have to deal with state regulations

366
00:16:30,269 --> 00:16:30,720
and not and not

367
00:16:30,720 --> 00:16:34,240
and they're not aware of it so that's I just want to make a

368
00:16:34,240 --> 00:16:35,120
comment on that. Well

369
00:16:35,120 --> 00:16:38,000
it it's a really good question and I'll talk later in the

370
00:16:38,000 --> 00:16:39,200
presentation about

371
00:16:39,200 --> 00:16:42,669
some of the improvements that we've made to the code in

372
00:16:42,669 --> 00:16:44,120
this draft to make it a

373
00:16:44,120 --> 00:16:48,309
lot easier especially for the smaller small town developer

374
00:16:48,309 --> 00:16:49,360
the folks the mom

375
00:16:49,360 --> 00:16:52,000
and pop developers who are not doing this all over the

376
00:16:52,000 --> 00:16:52,960
country or or even

377
00:16:52,960 --> 00:16:58,860
frequently in Denton. The main philosophy was let's make

378
00:16:58,860 --> 00:17:00,519
this easier on people

379
00:17:00,519 --> 00:17:06,890
where we can without giving away the farm for city benefits

380
00:17:06,890 --> 00:17:09,039
as well. Any other

381
00:17:09,039 --> 00:17:14,700
questions at this stage? Okay go the next. Okay so I

382
00:17:14,700 --> 00:17:17,000
promised fun now we'll get

383
00:17:17,000 --> 00:17:22,740
into it the administration and procedures. This the bullets

384
00:17:22,740 --> 00:17:23,440
you see here

385
00:17:23,440 --> 00:17:28,170
is the basic organization of this subchapter 2 so these are

386
00:17:28,170 --> 00:17:29,279
the sections

387
00:17:29,279 --> 00:17:33,099
within subchapter 2. We start with just a general purpose

388
00:17:33,099 --> 00:17:34,599
and organization here's

389
00:17:34,599 --> 00:17:37,779
how we laid out the subchapter and then we get into a

390
00:17:37,779 --> 00:17:39,000
summary table I'm gonna

391
00:17:39,000 --> 00:17:42,839
show you that table it's a very useful tool that we think

392
00:17:42,839 --> 00:17:43,920
provides a lot of

393
00:17:43,920 --> 00:17:48,519
clarity and then we'll get into some of these in more

394
00:17:48,519 --> 00:17:50,759
detail than others with

395
00:17:50,759 --> 00:17:54,039
good examples that we think will be interesting to you all.

396
00:17:54,039 --> 00:17:55,319
Let's start with

397
00:17:55,319 --> 00:17:58,240
the table so this is near the beginning of subchapter 2.

398
00:17:58,240 --> 00:18:00,680
This is a basic summary

399
00:18:00,680 --> 00:18:04,180
of all of the development application types that you might

400
00:18:04,180 --> 00:18:05,119
see before the

401
00:18:05,119 --> 00:18:08,819
Planning Commission, before staff, before City Council.

402
00:18:08,819 --> 00:18:10,240
Along the left hand side

403
00:18:10,240 --> 00:18:13,849
are those specific application types starting with site

404
00:18:13,849 --> 00:18:15,359
plan review. This is a

405
00:18:15,359 --> 00:18:17,990
great example where it's not very clear in your current

406
00:18:17,990 --> 00:18:19,640
regulations what the

407
00:18:19,640 --> 00:18:23,069
requirements are for site plan review. Most of those

408
00:18:23,069 --> 00:18:24,759
requirements in fact live

409
00:18:24,759 --> 00:18:28,589
outside of the DDC so you'd really have to be pretty savvy

410
00:18:28,589 --> 00:18:29,519
especially if you were

411
00:18:29,519 --> 00:18:32,210
an out-of-towner or a first-time developer to understand

412
00:18:32,210 --> 00:18:32,779
what those

413
00:18:32,779 --> 00:18:36,400
requirements are. We have developed a specific procedure

414
00:18:36,400 --> 00:18:37,960
for that and as you

415
00:18:37,960 --> 00:18:42,230
move across the page for each application type it shows you

416
00:18:42,230 --> 00:18:42,640
is a

417
00:18:42,640 --> 00:18:46,019
neighborhood meeting recommended for that application. Do

418
00:18:46,019 --> 00:18:47,119
we have to notice

419
00:18:47,119 --> 00:18:50,819
the public for this type of application? Do I have to sit

420
00:18:50,819 --> 00:18:51,880
down and have a

421
00:18:51,880 --> 00:18:55,029
pre-application conference with staff where we learn more

422
00:18:55,029 --> 00:18:56,160
about the procedures

423
00:18:56,160 --> 00:18:59,809
and then ultimately who is the decision-making body for

424
00:18:59,809 --> 00:19:00,680
that type so

425
00:19:00,680 --> 00:19:04,500
looking at site plan review. City staff there's a D in that

426
00:19:04,500 --> 00:19:05,640
cell they are the

427
00:19:05,640 --> 00:19:09,630
decision-making authority for that type of application and

428
00:19:09,630 --> 00:19:11,319
the R means review so

429
00:19:11,319 --> 00:19:14,279
your development advisory committee is going to review them

430
00:19:14,279 --> 00:19:15,420
. Staff makes the

431
00:19:15,420 --> 00:19:19,609
final decision. You'll see brackets and carrots here those

432
00:19:19,609 --> 00:19:20,279
having to refer to

433
00:19:20,279 --> 00:19:23,980
public meetings, public hearings that are required and the

434
00:19:23,980 --> 00:19:25,160
A's having to do with

435
00:19:25,160 --> 00:19:30,430
the appeal authority. So appeals a very important feature

436
00:19:30,430 --> 00:19:32,839
of this draft does not

437
00:19:32,839 --> 00:19:36,670
mean you just didn't like the decision that was made by the

438
00:19:36,670 --> 00:19:37,400
applicable

439
00:19:37,400 --> 00:19:41,039
decision-making body. It means there was an error in the

440
00:19:41,039 --> 00:19:42,200
application of the code.

441
00:19:42,200 --> 00:19:46,019
There was a mistake somewhere by that decision-making body

442
00:19:46,019 --> 00:19:46,720
and so we are

443
00:19:46,720 --> 00:19:50,309
appealing based on that decision and we've we've included

444
00:19:50,309 --> 00:19:51,640
those in this table.

445
00:19:51,640 --> 00:19:56,650
So a lot of information that was in lengthy paragraphs of

446
00:19:56,650 --> 00:19:57,480
text all

447
00:19:57,480 --> 00:20:00,910
summarized in this one table. This is half of it. The next

448
00:20:00,910 --> 00:20:01,799
half you'll see we

449
00:20:01,799 --> 00:20:04,619
have plan and DDC amendments things like amending the

450
00:20:04,619 --> 00:20:06,400
zoning map, rezoning the

451
00:20:06,400 --> 00:20:09,910
applications, amending the comprehensive plan so if you

452
00:20:09,910 --> 00:20:11,279
want to do a future land

453
00:20:11,279 --> 00:20:15,750
use designation revision there's a process for that as well

454
00:20:15,750 --> 00:20:17,140
. Flexibility and

455
00:20:17,140 --> 00:20:20,500
relief that's really the focus of this project. When we

456
00:20:20,500 --> 00:20:21,720
were hired to do this

457
00:20:21,720 --> 00:20:25,630
project we need to be more flexible where we can for infill

458
00:20:25,630 --> 00:20:26,839
and redevelopment a

459
00:20:26,839 --> 00:20:29,789
lot of the things that you'll probably see in Denton over

460
00:20:29,789 --> 00:20:31,680
the next 10, 15, 20

461
00:20:31,680 --> 00:20:35,920
years. We shouldn't have to ask for a variance or an

462
00:20:35,920 --> 00:20:37,279
alternative development

463
00:20:37,279 --> 00:20:40,019
plan every time we need a little bit of flexibility. So we

464
00:20:40,019 --> 00:20:41,240
've got some additional

465
00:20:41,240 --> 00:20:43,880
procedures here. We'll walk you through this new minor

466
00:20:43,880 --> 00:20:45,400
modification procedure in

467
00:20:45,400 --> 00:20:50,549
greater detail and we think that's one way to prevent so

468
00:20:50,549 --> 00:20:52,440
many negotiated

469
00:20:52,440 --> 00:20:55,900
developments here in Denton. So if you as a Planning

470
00:20:55,900 --> 00:20:57,880
Commission I know with module

471
00:20:57,880 --> 00:21:02,069
one we encouraged you all to spend a lot of time with the

472
00:21:02,069 --> 00:21:03,759
use table because that

473
00:21:03,759 --> 00:21:06,220
was our summary of what you can do with your property and

474
00:21:06,220 --> 00:21:07,039
where you could do

475
00:21:07,039 --> 00:21:10,200
that. This is a great table for the Planning Commission

476
00:21:10,200 --> 00:21:11,680
even after we leave

477
00:21:11,680 --> 00:21:15,670
to spend time at this table and say is this really the

478
00:21:15,670 --> 00:21:17,240
appropriate type of

479
00:21:17,240 --> 00:21:21,289
application to be heard by staff Planning Commission. This

480
00:21:21,289 --> 00:21:22,720
is a good use

481
00:21:22,720 --> 00:21:28,740
of your time to spend talking about. The next section is

482
00:21:28,740 --> 00:21:31,359
really just provides the

483
00:21:31,359 --> 00:21:35,240
overview of who the decision-making bodies are in the city.

484
00:21:35,240 --> 00:21:36,519
City Council,

485
00:21:36,519 --> 00:21:39,029
Planning and Zoning Commission, you know what you all do,

486
00:21:39,029 --> 00:21:40,079
you know your charge,

487
00:21:40,079 --> 00:21:43,759
what should the ZBA be doing, what is the the purview of

488
00:21:43,759 --> 00:21:45,160
the Historic Landmark

489
00:21:45,160 --> 00:21:48,539
Commission and in city staff as well. What is the Planning

490
00:21:48,539 --> 00:21:49,839
Director's job and

491
00:21:49,839 --> 00:21:53,740
what types of bylaws are there for all of these different

492
00:21:53,740 --> 00:21:55,240
approval bodies. The

493
00:21:55,240 --> 00:21:57,430
one I'll point out here is the Development Advisory

494
00:21:57,430 --> 00:21:58,440
Committee currently

495
00:21:58,440 --> 00:22:02,490
known as your Development Review Committee, the DRC. That

496
00:22:02,490 --> 00:22:03,559
has been somewhat

497
00:22:03,559 --> 00:22:07,390
of a vague process and we've heard a lot of inconsistent

498
00:22:07,390 --> 00:22:09,440
remarks about the DRC and

499
00:22:09,440 --> 00:22:12,720
whether or not that's been successful or unsuccessful but

500
00:22:12,720 --> 00:22:13,880
we did know that we

501
00:22:13,880 --> 00:22:17,299
needed to provide more clarity for who that body is, what

502
00:22:17,299 --> 00:22:18,680
is their role in

503
00:22:18,680 --> 00:22:22,130
reviewing development applications and so we have been more

504
00:22:22,130 --> 00:22:23,599
thorough about that

505
00:22:23,599 --> 00:22:30,710
with this draft DDC. Section 2.4, the common review

506
00:22:30,710 --> 00:22:33,000
procedures. This is a new

507
00:22:33,000 --> 00:22:37,079
concept in at least as far as the drafting goes for the DDC

508
00:22:37,079 --> 00:22:38,559
. Right now

509
00:22:38,559 --> 00:22:42,220
you've got lots of different types of application types

510
00:22:42,220 --> 00:22:43,400
spelled out from

511
00:22:43,400 --> 00:22:47,230
preliminary plats, final plats, development plats, not your

512
00:22:47,230 --> 00:22:48,039
site plan

513
00:22:48,039 --> 00:22:51,440
procedures but specific use permits and under each of those

514
00:22:51,440 --> 00:22:52,599
application types

515
00:22:52,599 --> 00:22:56,039
you describe the pre-application conference requirements.

516
00:22:56,039 --> 00:22:56,920
You describe

517
00:22:56,920 --> 00:23:00,349
noticing for the public hearings, you describe that

518
00:23:00,349 --> 00:23:03,460
decision-making process. We

519
00:23:03,460 --> 00:23:07,029
have taken all of those points that were really some

520
00:23:07,029 --> 00:23:09,039
variation of the same thing

521
00:23:09,039 --> 00:23:12,869
and we just say it once right up front in the common review

522
00:23:12,869 --> 00:23:14,039
procedures. Most of

523
00:23:14,039 --> 00:23:17,269
these application or most of these steps in the common

524
00:23:17,269 --> 00:23:19,660
review procedures apply to

525
00:23:19,660 --> 00:23:23,650
most application types in the city so we say it once and we

526
00:23:23,650 --> 00:23:25,079
've been pretty clear

527
00:23:25,079 --> 00:23:28,450
about what those steps should entail. This helps you keep

528
00:23:28,450 --> 00:23:29,920
the code shorter for

529
00:23:29,920 --> 00:23:34,009
one. It also prevents you from running into inconsistencies

530
00:23:34,009 --> 00:23:35,160
as you update the

531
00:23:35,160 --> 00:23:39,539
code over time so when you say it only one time and you

532
00:23:39,539 --> 00:23:40,559
make a revision you

533
00:23:40,559 --> 00:23:44,599
know you have captured that without creating a conflict. So

534
00:23:44,599 --> 00:23:46,240
quickly looking

535
00:23:46,240 --> 00:23:49,970
at this this table, the graphic at the bottom, this first

536
00:23:49,970 --> 00:23:51,160
step pre-application

537
00:23:51,160 --> 00:23:55,259
activities. What do I need to do before I even submit an

538
00:23:55,259 --> 00:23:56,640
application? I sit down

539
00:23:56,640 --> 00:24:00,059
with staff. What type of materials do I need to present to

540
00:24:00,059 --> 00:24:01,200
them to be ready for

541
00:24:01,200 --> 00:24:03,900
that meeting and what should I expect to happen at that

542
00:24:03,900 --> 00:24:05,160
meeting? That is all

543
00:24:05,160 --> 00:24:09,759
spelled out in step one. Step two, how do I submit my

544
00:24:09,759 --> 00:24:11,640
application and what types of

545
00:24:11,640 --> 00:24:14,789
rights do I get from submitting that application? How soon

546
00:24:14,789 --> 00:24:15,839
should I expect to

547
00:24:15,839 --> 00:24:20,039
hear back from the city and what is my next step in terms

548
00:24:20,039 --> 00:24:21,640
of review and

549
00:24:21,640 --> 00:24:25,940
evaluation? Step three, the staff review and action. For

550
00:24:25,940 --> 00:24:28,279
some project types, staff

551
00:24:28,279 --> 00:24:31,099
will be the review body and they will evaluate it and they

552
00:24:31,099 --> 00:24:31,880
will prepare a

553
00:24:31,880 --> 00:24:34,819
staff report and make a recommendation but they're not the

554
00:24:34,819 --> 00:24:35,640
final decision-making

555
00:24:35,640 --> 00:24:39,720
body. When it goes beyond staff to Planning and Zoning

556
00:24:39,720 --> 00:24:41,480
Commission or City

557
00:24:41,480 --> 00:24:45,299
Council, you go into steps four and five, sending out

558
00:24:45,299 --> 00:24:46,920
notice, scheduling public

559
00:24:46,920 --> 00:24:49,440
hearings. These are all laid out pretty clearly in the

560
00:24:49,440 --> 00:24:50,920
common review procedures

561
00:24:50,920 --> 00:24:54,940
and then finally step six, what happens after I get

562
00:24:54,940 --> 00:24:57,279
approval of a project? Does

563
00:24:57,279 --> 00:25:02,440
that application expire? Does my approval expire over time?

564
00:25:02,440 --> 00:25:03,319
Are there other things

565
00:25:03,319 --> 00:25:07,019
I need to do in terms of recording the document or what if

566
00:25:07,019 --> 00:25:08,640
I wanted to modify a

567
00:25:08,640 --> 00:25:14,299
site plan for example? That's all spelled out in that sixth

568
00:25:14,299 --> 00:25:16,640
step and this is

569
00:25:16,640 --> 00:25:21,549
important because now as we walk through those different

570
00:25:21,549 --> 00:25:22,839
categories of

571
00:25:22,839 --> 00:25:26,190
application types, development permits, subdivision, DDC

572
00:25:26,190 --> 00:25:27,880
amendments, flexibility

573
00:25:27,880 --> 00:25:32,319
and relief procedures, we refer back to that diagram and

574
00:25:32,319 --> 00:25:34,240
identify the steps that

575
00:25:34,240 --> 00:25:37,910
are required in relation to that specific application type.

576
00:25:37,910 --> 00:25:39,400
So let's start

577
00:25:39,400 --> 00:25:42,009
with the first category, development permits and procedures

578
00:25:42,009 --> 00:25:43,519
. These are site

579
00:25:43,519 --> 00:25:47,190
plans, specific use permits, temporary use permits, change

580
00:25:47,190 --> 00:25:48,400
of use permit which

581
00:25:48,400 --> 00:25:51,869
is new and I'll talk about what we are proposing there and

582
00:25:51,869 --> 00:25:52,759
then gas well

583
00:25:52,759 --> 00:25:55,819
development site plans which we are not touching by the way

584
00:25:55,819 --> 00:25:57,079
. We're not amending

585
00:25:57,079 --> 00:26:00,230
the gas well development procedures. We're carrying those

586
00:26:00,230 --> 00:26:02,920
forward as is. So

587
00:26:02,920 --> 00:26:05,789
starting with site plan, here's an example of how we relate

588
00:26:05,789 --> 00:26:06,440
back to the

589
00:26:06,440 --> 00:26:10,009
common review procedures. It was important to codify and

590
00:26:10,009 --> 00:26:10,880
simplify those

591
00:26:10,880 --> 00:26:14,039
procedures because most of it again lived outside of the

592
00:26:14,039 --> 00:26:16,160
current DDC and then

593
00:26:16,160 --> 00:26:19,700
clarify what if I want to make an amendment to a site plan?

594
00:26:19,700 --> 00:26:20,400
How do I go

595
00:26:20,400 --> 00:26:25,519
through that process? You'll see here that yes you need a

596
00:26:25,519 --> 00:26:26,319
pre-application

597
00:26:26,319 --> 00:26:29,170
conference. We give extra detail for each specific

598
00:26:29,170 --> 00:26:31,319
application type. You need that

599
00:26:31,319 --> 00:26:34,910
conference. You submit your application to the director. It

600
00:26:34,910 --> 00:26:37,920
's reviewed and decided on by the

601
00:26:37,920 --> 00:26:40,960
director. Steps four and five don't apply then. There is no

602
00:26:40,960 --> 00:26:42,759
public hearing aspect of

603
00:26:42,759 --> 00:26:46,269
that type of project but your site plan expires if you're

604
00:26:46,269 --> 00:26:47,200
not doing any

605
00:26:47,200 --> 00:26:51,029
activity on the site within two years of that approval. So

606
00:26:51,029 --> 00:26:53,079
that's one example.

607
00:26:53,079 --> 00:26:57,809
Now some changes that we proposed are the thresholds for

608
00:26:57,809 --> 00:26:59,519
site plan approval.

609
00:26:59,519 --> 00:27:03,710
When does this application type apply to me as a property

610
00:27:03,710 --> 00:27:05,559
owner? If you're doing

611
00:27:05,559 --> 00:27:09,390
new construction, site plan is always required. If you're

612
00:27:09,390 --> 00:27:10,880
reconstructing after

613
00:27:10,880 --> 00:27:14,029
you've demolished the building, well that's the same thing

614
00:27:14,029 --> 00:27:14,400
as new

615
00:27:14,400 --> 00:27:18,980
construction. If you're expanding existing residential or

616
00:27:18,980 --> 00:27:19,960
mixed-use or

617
00:27:19,960 --> 00:27:25,119
non-residential, 10 dwelling units or 10%, 2,000 square

618
00:27:25,119 --> 00:27:26,680
feet for mixed use or 10

619
00:27:26,680 --> 00:27:30,509
dwelling units or 10%, and then for non-residential

620
00:27:30,509 --> 00:27:32,279
expansion, 2,000 square

621
00:27:32,279 --> 00:27:37,230
feet or 20% of the total square footage. Commissioner Smith

622
00:27:37,230 --> 00:27:37,559
. Thank you Chair.

623
00:27:37,559 --> 00:27:41,390
Voluntary being the word up there. So take a natural

624
00:27:41,390 --> 00:27:43,200
disaster for example, like

625
00:27:43,200 --> 00:27:45,089
something on the square that happened out there and that

626
00:27:45,089 --> 00:27:45,799
might be different

627
00:27:45,799 --> 00:27:49,359
because it's a historical preservation overlay but we had a

628
00:27:49,359 --> 00:27:50,759
building that burned down there

629
00:27:50,759 --> 00:27:55,000
that completely destroyed it. What's the line drawn between

630
00:27:55,000 --> 00:27:55,839
voluntary and

631
00:27:55,839 --> 00:28:00,599
voluntary? What's the definition on that? That's a good

632
00:28:00,599 --> 00:28:01,720
question. This is not

633
00:28:01,720 --> 00:28:05,950
intended to apply to natural disaster or hazards caused

634
00:28:05,950 --> 00:28:06,960
that are not

635
00:28:06,960 --> 00:28:15,079
because of the applicant's intention. Thank you.

636
00:28:15,079 --> 00:28:20,130
So tornado, no that's not voluntary demolition. So these

637
00:28:20,130 --> 00:28:21,440
are new thresholds.

638
00:28:21,440 --> 00:28:24,910
Right now, if you don't meet these thresholds, you're

639
00:28:24,910 --> 00:28:25,559
expanding your

640
00:28:25,559 --> 00:28:29,380
existing residential building or mixed-use or non-resident

641
00:28:29,380 --> 00:28:30,359
ial building and

642
00:28:30,359 --> 00:28:33,400
it's under these thresholds, that doesn't mean you don't

643
00:28:33,400 --> 00:28:34,640
need a permit. It just

644
00:28:34,640 --> 00:28:37,099
means you go straight up for your building permit at that

645
00:28:37,099 --> 00:28:37,880
point. There's

646
00:28:37,880 --> 00:28:41,950
no need to have a specific process from the land use

647
00:28:41,950 --> 00:28:44,000
perspective. You just go

648
00:28:44,000 --> 00:28:47,500
pull your building permit. The building division will make

649
00:28:47,500 --> 00:28:48,079
sure that it

650
00:28:48,079 --> 00:28:52,599
complies with existing zoning regulations and that's how

651
00:28:52,599 --> 00:28:52,920
they work

652
00:28:52,920 --> 00:28:57,519
together with the Planning Department.

653
00:28:57,960 --> 00:29:01,950
Change of use permit, this is really a certificate of use

654
00:29:01,950 --> 00:29:02,880
or certificate of

655
00:29:02,880 --> 00:29:07,079
zoning compliance. This is a really important feature

656
00:29:07,079 --> 00:29:08,279
because a lot of

657
00:29:08,279 --> 00:29:12,269
problems with planning agencies and city staff is we don't

658
00:29:12,269 --> 00:29:13,559
know what's happening

659
00:29:13,559 --> 00:29:17,380
to buildings after we've approved it. When tenants change

660
00:29:17,380 --> 00:29:18,559
over, we're not

661
00:29:18,559 --> 00:29:21,599
always made aware of that process and so how do we know if

662
00:29:21,599 --> 00:29:22,640
they even comply with

663
00:29:22,640 --> 00:29:26,099
the code? This gives you the opportunity to apply a

664
00:29:26,099 --> 00:29:27,799
certificate of use change. So

665
00:29:27,799 --> 00:29:32,849
if somebody's moving in to a new building, does that new

666
00:29:32,849 --> 00:29:34,480
use comply with

667
00:29:34,480 --> 00:29:38,339
the zoning requirements? Let's say I'm changing from a

668
00:29:38,339 --> 00:29:39,920
light manufacturing use

669
00:29:39,920 --> 00:29:42,519
that doesn't require a lot of parking and all of a sudden

670
00:29:42,519 --> 00:29:43,480
you're putting in

671
00:29:43,480 --> 00:29:47,349
offices into a same building. Well that's gonna require a

672
00:29:47,349 --> 00:29:48,720
lot more parking and

673
00:29:48,720 --> 00:29:52,309
there are different features and impacts from that type of

674
00:29:52,309 --> 00:29:54,240
a building use that

675
00:29:54,240 --> 00:29:57,789
the city would be concerned with or at least want to make

676
00:29:57,789 --> 00:29:58,720
sure that any

677
00:29:58,720 --> 00:30:02,000
potential impacts are addressed. So this is something that

678
00:30:02,000 --> 00:30:05,279
has been proposed. A lot

679
00:30:05,279 --> 00:30:10,220
of times people who are looking for something to do on

680
00:30:10,220 --> 00:30:12,200
their property just

681
00:30:12,200 --> 00:30:15,730
need something in writing from city staff to say can you

682
00:30:15,730 --> 00:30:16,880
tell me by letter

683
00:30:16,880 --> 00:30:21,670
that my site is in conformance with the current DDC? This

684
00:30:21,670 --> 00:30:23,160
is another another way

685
00:30:23,160 --> 00:30:26,390
for city staff to engage in that type of a conversation and

686
00:30:26,390 --> 00:30:27,440
make it official

687
00:30:27,440 --> 00:30:35,430
through this application type. Subdivision procedures, not

688
00:30:35,430 --> 00:30:36,599
a lot to say

689
00:30:36,599 --> 00:30:41,549
on this other than we have carried forward a lot of your

690
00:30:41,549 --> 00:30:42,279
current standards

691
00:30:42,279 --> 00:30:45,650
on subdivisions, made it very clear what's required for

692
00:30:45,650 --> 00:30:47,079
each different type,

693
00:30:47,079 --> 00:30:51,700
who the ultimate decision-making bodies are, and again

694
00:30:51,700 --> 00:30:53,119
reflecting your

695
00:30:53,119 --> 00:30:56,740
mostly your current subdivision requirements but also

696
00:30:56,740 --> 00:30:57,880
addressing some

697
00:30:57,880 --> 00:31:03,000
of the current inconsistencies that you had with state law

698
00:31:03,000 --> 00:31:04,599
and then making sure

699
00:31:04,599 --> 00:31:08,299
that we defined who the ultimate decision-making authority

700
00:31:08,299 --> 00:31:10,839
is for those.

701
00:31:10,839 --> 00:31:15,109
The third category was plan and DDC amendments so amending

702
00:31:15,109 --> 00:31:16,079
the land use

703
00:31:16,079 --> 00:31:21,240
designation, amending the map, the zoning map. There's lots

704
00:31:21,240 --> 00:31:22,319
of ways to do that. We

705
00:31:22,319 --> 00:31:25,059
can amend it to a base zoning district which we talked

706
00:31:25,059 --> 00:31:26,319
about last time we were

707
00:31:26,319 --> 00:31:30,309
here. We can amend it to a PD, a planned development. Right

708
00:31:30,309 --> 00:31:31,759
now you have overlays

709
00:31:31,759 --> 00:31:34,319
and planned developments and base zoning districts. We

710
00:31:34,319 --> 00:31:36,319
think we've landed on a

711
00:31:36,319 --> 00:31:40,140
good lineup of zoning districts where you will see a lot

712
00:31:40,140 --> 00:31:41,480
less use of that tool

713
00:31:41,480 --> 00:31:45,170
and we've got a couple of slides on PDs later in the

714
00:31:45,170 --> 00:31:47,759
presentation. There's also

715
00:31:47,759 --> 00:31:50,430
just amending the text of the ordinance. What if I want to

716
00:31:50,430 --> 00:31:52,599
change the setback of

717
00:31:52,599 --> 00:31:56,150
one particular zoning district? That's a text amendment to

718
00:31:56,150 --> 00:31:57,119
the code and that can

719
00:31:57,119 --> 00:32:00,349
be brought forward by the Planning Commission or by the

720
00:32:00,349 --> 00:32:01,440
City Council but it

721
00:32:01,440 --> 00:32:05,660
is an amendment to the zoning code, the DDC. This also

722
00:32:05,660 --> 00:32:08,799
includes annexations, not a

723
00:32:08,799 --> 00:32:11,349
lot of changes there. Again, that's another good example

724
00:32:11,349 --> 00:32:11,880
where it's

725
00:32:11,880 --> 00:32:15,710
important to just align the DDC with the Texas local

726
00:32:15,710 --> 00:32:17,599
government code as it applies

727
00:32:17,599 --> 00:32:24,170
to annexation. So plan development. Here's our slide to get

728
00:32:24,170 --> 00:32:24,680
into a little

729
00:32:24,680 --> 00:32:28,240
more detail there. Currently you have a lot of tools to

730
00:32:28,240 --> 00:32:29,480
allow flexibility for

731
00:32:29,480 --> 00:32:34,710
those really big projects. Think Razor Ranch and these are

732
00:32:34,710 --> 00:32:35,519
big and they're

733
00:32:35,519 --> 00:32:38,410
different and you don't really have a zoning district that

734
00:32:38,410 --> 00:32:39,000
addresses

735
00:32:39,000 --> 00:32:43,440
something that big and complex with a lot of different uses

736
00:32:43,440 --> 00:32:44,720
and user types.

737
00:32:44,720 --> 00:32:48,569
But you call them master plan communities and sometimes you

738
00:32:48,569 --> 00:32:49,319
have a lot

739
00:32:49,319 --> 00:32:52,759
of individually negotiated overlay districts that, "Hey I

740
00:32:52,759 --> 00:32:53,799
want to rezone my

741
00:32:53,799 --> 00:32:56,950
property." "Fine we'll let you rezone." "Well I also want

742
00:32:56,950 --> 00:32:58,000
to change the setbacks

743
00:32:58,000 --> 00:33:01,440
and the building height." So you've applied over time a lot

744
00:33:01,440 --> 00:33:02,200
of layers of

745
00:33:02,200 --> 00:33:05,930
band-aids over individual properties. The problem there is

746
00:33:05,930 --> 00:33:07,200
that there are so many

747
00:33:07,200 --> 00:33:11,720
at this point it is very unclear to staff or to surrounding

748
00:33:11,720 --> 00:33:12,279
neighborhoods

749
00:33:12,279 --> 00:33:15,309
what's actually allowed on that property. What's allowed on

750
00:33:15,309 --> 00:33:16,759
my property? There's a

751
00:33:16,759 --> 00:33:20,809
lot of different codes or documents that you have to track

752
00:33:20,809 --> 00:33:21,880
down to really

753
00:33:21,880 --> 00:33:25,190
understand the entitlements of individual properties in

754
00:33:25,190 --> 00:33:27,279
Denton. We don't think you

755
00:33:27,279 --> 00:33:30,730
should get rid of the plan development tool. As good of a

756
00:33:30,730 --> 00:33:32,119
job as we can do

757
00:33:32,119 --> 00:33:35,960
coming up with zoning districts and quality standards,

758
00:33:35,960 --> 00:33:37,440
there's going to be

759
00:33:37,440 --> 00:33:40,210
somebody who comes in the door six months from now with a

760
00:33:40,210 --> 00:33:41,079
project that we

761
00:33:41,079 --> 00:33:45,789
didn't think of. With a new mix of uses with a new set of

762
00:33:45,789 --> 00:33:47,480
impacts that you need

763
00:33:47,480 --> 00:33:52,670
a little bit of flexibility. We have revised it to require

764
00:33:52,670 --> 00:33:53,559
you know really

765
00:33:53,559 --> 00:33:57,079
that you're demonstrating a public benefit to the city.

766
00:33:57,079 --> 00:33:58,680
Fine we understand

767
00:33:58,680 --> 00:34:02,119
that you have something different. It's worthy of amending

768
00:34:02,119 --> 00:34:03,200
the standards as

769
00:34:03,200 --> 00:34:07,279
drafted in the DDC, but you have to document to us what

770
00:34:07,279 --> 00:34:08,360
type of benefit is

771
00:34:08,360 --> 00:34:11,519
the city getting? Are there additional amenities that are

772
00:34:11,519 --> 00:34:13,519
provided? Is there an

773
00:34:13,519 --> 00:34:16,679
affordable housing component just as an example? What types

774
00:34:16,679 --> 00:34:17,519
of things are you

775
00:34:17,519 --> 00:34:21,539
doing that are above and beyond the requirement to offset

776
00:34:21,539 --> 00:34:22,280
the need to

777
00:34:22,280 --> 00:34:25,559
amend our standards? We all agreed we're good policy

778
00:34:25,559 --> 00:34:27,840
direction. So the goal

779
00:34:27,840 --> 00:34:33,539
with the new DDC was just to really rather than rely on PDs

780
00:34:33,539 --> 00:34:34,840
for these tools

781
00:34:34,840 --> 00:34:37,780
improve the quality standards which I know you haven't seen

782
00:34:37,780 --> 00:34:38,599
those yet. That's

783
00:34:38,599 --> 00:34:41,880
next month, but because there's a lot more flexible

784
00:34:41,880 --> 00:34:43,679
standards and parking is a

785
00:34:43,679 --> 00:34:47,519
good example of that right now. Minimum parking is also the

786
00:34:47,519 --> 00:34:48,360
maximum parking

787
00:34:48,360 --> 00:34:52,219
amount. That's not very flexible. So by offering a lot more

788
00:34:52,219 --> 00:34:53,440
options for flexible

789
00:34:53,440 --> 00:34:57,889
tools it is less likely in the future that people will need

790
00:34:57,889 --> 00:34:59,000
to negotiate

791
00:34:59,000 --> 00:35:03,980
individual developments or apply conditions on particular

792
00:35:03,980 --> 00:35:05,920
sites. So we've

793
00:35:05,920 --> 00:35:09,969
introduced a new PD district same as a rezoning, but there

794
00:35:09,969 --> 00:35:11,280
's a lot more detail

795
00:35:11,280 --> 00:35:14,440
that's required. You need to be able to demonstrate before

796
00:35:14,440 --> 00:35:15,239
you even submit an

797
00:35:15,239 --> 00:35:19,070
application what is your general concept from a bubble

798
00:35:19,070 --> 00:35:21,000
diagram schematic? What are

799
00:35:21,000 --> 00:35:23,869
you trying to do with the site? What is the phasing plan so

800
00:35:23,869 --> 00:35:25,400
that staff can have

801
00:35:25,400 --> 00:35:28,150
the ability to comment very early before you submit an

802
00:35:28,150 --> 00:35:30,239
application? It is a

803
00:35:30,239 --> 00:35:33,559
streamlined process so this can all happen a lot quicker,

804
00:35:33,559 --> 00:35:34,760
but again

805
00:35:34,760 --> 00:35:39,250
demonstrating that public benefit and not just offering PDs

806
00:35:39,250 --> 00:35:41,519
for everything. We

807
00:35:41,519 --> 00:35:45,599
have also proposed a site size requirement. Right now it's

808
00:35:45,599 --> 00:35:46,360
drafted at

809
00:35:46,360 --> 00:35:51,539
five acres to be able to apply for a rezoning to PD. We're

810
00:35:51,539 --> 00:35:52,679
not sure if that'll

811
00:35:52,679 --> 00:35:55,480
be the number that we end up with. We'd like your feedback

812
00:35:55,480 --> 00:35:56,519
on that at some point.

813
00:35:56,519 --> 00:36:00,030
There's a lot of infill opportunity in Denton and if some

814
00:36:00,030 --> 00:36:01,159
of the sites that

815
00:36:01,159 --> 00:36:04,510
would be that would need additional flexibility after you

816
00:36:04,510 --> 00:36:05,559
've spent enough

817
00:36:05,559 --> 00:36:09,380
time with the draft maybe that requirement is adjusted

818
00:36:09,380 --> 00:36:10,119
either up or

819
00:36:10,119 --> 00:36:14,139
down. Final point I'll make here is that your existing

820
00:36:14,139 --> 00:36:15,880
entitlements, what happens

821
00:36:15,880 --> 00:36:19,909
to PDs that were already approved? Those don't go away. The

822
00:36:19,909 --> 00:36:21,760
new DDC does not strip

823
00:36:21,760 --> 00:36:25,130
those owners rights of what was established in those plan

824
00:36:25,130 --> 00:36:26,559
developments so

825
00:36:26,559 --> 00:36:31,750
those will still remain intact. Further discussion required

826
00:36:31,750 --> 00:36:33,559
on how we better

827
00:36:33,559 --> 00:36:38,550
relate that to the current DDC. A lot of PDs they give you

828
00:36:38,550 --> 00:36:40,000
some of the standards

829
00:36:40,000 --> 00:36:42,670
they might say here's the uses that are allowed, here's the

830
00:36:42,670 --> 00:36:43,559
setbacks and height

831
00:36:43,559 --> 00:36:46,880
that's required but they don't talk about parking. Well so

832
00:36:46,880 --> 00:36:48,280
if it's silent on

833
00:36:48,280 --> 00:36:52,579
that PD we're gonna be very clear that that would probably

834
00:36:52,579 --> 00:36:54,679
apply the new DDC

835
00:36:54,679 --> 00:37:00,340
standards but we need to flesh that out with our module

836
00:37:00,340 --> 00:37:04,880
three. The final category

837
00:37:04,880 --> 00:37:08,320
of procedure types is flexibility and relief again one of

838
00:37:08,320 --> 00:37:09,760
the major focuses of

839
00:37:09,760 --> 00:37:13,599
this project. Your variance applications not a lot of

840
00:37:13,599 --> 00:37:14,599
changes there these are

841
00:37:14,599 --> 00:37:18,250
based on hardships things that were not really caused by

842
00:37:18,250 --> 00:37:19,480
the applicant. You've

843
00:37:19,480 --> 00:37:23,130
got a specific feature of the site that's really different

844
00:37:23,130 --> 00:37:23,840
from other

845
00:37:23,840 --> 00:37:28,159
similar sized properties where you need a variance for it

846
00:37:28,159 --> 00:37:29,519
to mitigate a certain

847
00:37:29,519 --> 00:37:33,719
condition. This new tool a minor modification this is an

848
00:37:33,719 --> 00:37:34,440
administrative

849
00:37:34,440 --> 00:37:39,619
tool mostly an administrative tool where in a site plan as

850
00:37:39,619 --> 00:37:41,440
an example if I just

851
00:37:41,440 --> 00:37:45,079
need a little flexibility to adjust the setback or to

852
00:37:45,079 --> 00:37:46,559
adjust the required

853
00:37:46,559 --> 00:37:50,900
parking you now have that as a tool in your toolkit to say

854
00:37:50,900 --> 00:37:52,199
yeah that makes

855
00:37:52,199 --> 00:37:55,280
sense there's an added benefit to the city or this is

856
00:37:55,280 --> 00:37:56,280
really a necessary

857
00:37:56,280 --> 00:38:00,599
change to comply with all of the other standards in the DDC

858
00:38:00,599 --> 00:38:01,960
director has the

859
00:38:01,960 --> 00:38:06,579
authority to to apply those. Now it's not limited to just

860
00:38:06,579 --> 00:38:08,119
the director if you were

861
00:38:08,119 --> 00:38:12,300
going for a specific use permit for example that requires a

862
00:38:12,300 --> 00:38:13,159
public hearing

863
00:38:13,159 --> 00:38:16,800
and so at that public hearing that same decision-making

864
00:38:16,800 --> 00:38:18,400
body would also make the

865
00:38:18,400 --> 00:38:25,320
decision on a minor modification in that case. I'll go into

866
00:38:25,320 --> 00:38:26,480
more detail on that

867
00:38:26,480 --> 00:38:29,820
one we've got appeals of administrative decisions any

868
00:38:29,820 --> 00:38:31,400
decision that is made at

869
00:38:31,400 --> 00:38:36,110
the staff level whether it's a interpretation of use or

870
00:38:36,110 --> 00:38:36,920
classification

871
00:38:36,920 --> 00:38:40,750
of a use that is not currently listed in your code up to

872
00:38:40,750 --> 00:38:42,639
approval or denial of a

873
00:38:42,639 --> 00:38:45,440
site plan application anything made at the staff level

874
00:38:45,440 --> 00:38:48,159
those can be appealed to

875
00:38:48,159 --> 00:38:51,610
the ZBA and so we've spelled out a procedure for that and

876
00:38:51,610 --> 00:38:52,400
then the

877
00:38:52,400 --> 00:38:55,360
alternative ESA plan this is a separate process right now

878
00:38:55,360 --> 00:38:56,480
that's been going on

879
00:38:56,480 --> 00:39:00,369
you all are aware that this is underway as soon as that is

880
00:39:00,369 --> 00:39:01,639
ready for public

881
00:39:01,639 --> 00:39:04,800
distribution that is something that will ultimately be

882
00:39:04,800 --> 00:39:07,159
folded into the DDC but

883
00:39:07,159 --> 00:39:10,349
Clarion is involved in reviewing those drafts and we just

884
00:39:10,349 --> 00:39:11,440
want to make sure that

885
00:39:11,440 --> 00:39:15,269
it is aligned and consistent with all of the other

886
00:39:15,269 --> 00:39:16,599
development quality standards

887
00:39:16,599 --> 00:39:20,840
that are also underway but that you will likely not see

888
00:39:20,840 --> 00:39:21,920
that portion in the next

889
00:39:21,920 --> 00:39:26,650
draft and will come later this spring with the consolidated

890
00:39:26,650 --> 00:39:28,480
draft more detail

891
00:39:28,480 --> 00:39:31,639
on the minor modifications right now there are a lot of

892
00:39:31,639 --> 00:39:32,840
applications that

893
00:39:32,840 --> 00:39:35,920
require this alternative development plan which has to be

894
00:39:35,920 --> 00:39:37,440
negotiated I want

895
00:39:37,440 --> 00:39:39,989
to adjust the parking I want to move the dumpster to a

896
00:39:39,989 --> 00:39:41,800
different location I want

897
00:39:41,800 --> 00:39:45,420
to do something different with my building design this

898
00:39:45,420 --> 00:39:46,480
allows a much

899
00:39:46,480 --> 00:39:50,679
simpler procedure for making those decisions but not all

900
00:39:50,679 --> 00:39:51,880
things could be

901
00:39:51,880 --> 00:39:55,300
adjusted using this new procedure and we've listed those

902
00:39:55,300 --> 00:39:56,280
below you can't

903
00:39:56,280 --> 00:39:59,980
change the density or the use of a project that would not

904
00:39:59,980 --> 00:40:01,079
be an appropriate

905
00:40:01,079 --> 00:40:05,079
administrative tool you can't deviate from use specific

906
00:40:05,079 --> 00:40:06,559
standards things that

907
00:40:06,559 --> 00:40:10,239
are really established to protect neighborhoods or specific

908
00:40:10,239 --> 00:40:10,840
environmental

909
00:40:10,840 --> 00:40:14,829
features and you can't use it to get out of or modify

910
00:40:14,829 --> 00:40:16,460
public improvements that

911
00:40:16,460 --> 00:40:20,639
are required with with a new development we put this into a

912
00:40:20,639 --> 00:40:22,760
table we like tables

913
00:40:22,760 --> 00:40:26,489
I think that's obvious at this point we hope you do too a

914
00:40:26,489 --> 00:40:28,000
lot of things you can

915
00:40:28,000 --> 00:40:31,150
do with this minor modification tool adjusting the lot area

916
00:40:31,150 --> 00:40:32,079
and lot coverage

917
00:40:32,079 --> 00:40:36,480
that might apply at the subdivision stage of development

918
00:40:36,480 --> 00:40:37,840
setbacks and

919
00:40:37,840 --> 00:40:41,340
building standards like height and minimum unit sizes

920
00:40:41,340 --> 00:40:42,599
number of required

921
00:40:42,599 --> 00:40:46,099
parking spaces the amount of minimum landscaping required

922
00:40:46,099 --> 00:40:47,039
you want to have

923
00:40:47,039 --> 00:40:50,880
that flexibility especially for infill properties

924
00:40:50,880 --> 00:40:52,239
especially for really

925
00:40:52,239 --> 00:40:55,710
challenging sites throughout the city Commissioner Roseau

926
00:40:55,710 --> 00:40:57,119
thank you chair we

927
00:40:57,119 --> 00:41:00,400
talked briefly about this this morning but I wanted to ask

928
00:41:00,400 --> 00:41:02,079
a follow-up question

929
00:41:02,079 --> 00:41:06,880
how what's the organic process to nail down those numbers

930
00:41:06,880 --> 00:41:07,559
are we looking at

931
00:41:07,559 --> 00:41:11,230
like past cases and seeing like on an aggregate people are

932
00:41:11,230 --> 00:41:12,000
asking for

933
00:41:12,000 --> 00:41:16,000
variances of 10% that seem that those all pass but when we

934
00:41:16,000 --> 00:41:16,719
get into a variance

935
00:41:16,719 --> 00:41:20,659
of 20% then we get some pushback or how how's the best way

936
00:41:20,659 --> 00:41:21,679
to instead of just

937
00:41:21,679 --> 00:41:25,880
like it feels right how how can this Commission and others

938
00:41:25,880 --> 00:41:27,440
know how to really

939
00:41:27,440 --> 00:41:30,989
get down to where those numbers need to be finalized I'll

940
00:41:30,989 --> 00:41:32,380
give you a multi

941
00:41:32,380 --> 00:41:38,280
pronged response one is I think looking at past cases of

942
00:41:38,280 --> 00:41:39,519
how things were

943
00:41:39,519 --> 00:41:43,960
adjusted either through the ADP or through you know waivers

944
00:41:43,960 --> 00:41:44,840
or negotiated

945
00:41:44,840 --> 00:41:48,570
development or through variances those are all based on

946
00:41:48,570 --> 00:41:50,519
your current DDC so

947
00:41:50,519 --> 00:41:53,389
it's kind of comparing apples to oranges so I would not

948
00:41:53,389 --> 00:41:54,519
recommend that we just

949
00:41:54,519 --> 00:41:57,360
look at those past applications say all right that's

950
00:41:57,360 --> 00:41:58,800
basically how much they had

951
00:41:58,800 --> 00:42:01,849
to vary we need to base it on the new standards that are

952
00:42:01,849 --> 00:42:02,760
being presented and

953
00:42:02,760 --> 00:42:06,460
again because they're a lot more flexible landscaping based

954
00:42:06,460 --> 00:42:07,039
on point

955
00:42:07,039 --> 00:42:11,590
system now new parking systems that get away from that min-

956
00:42:11,590 --> 00:42:13,639
max approach they're

957
00:42:13,639 --> 00:42:18,760
more flexible in nature so part of it has to be relying on

958
00:42:18,760 --> 00:42:19,639
a starting point

959
00:42:19,639 --> 00:42:22,739
for discussion and that's what we've proposed here it's not

960
00:42:22,739 --> 00:42:23,840
a science to it

961
00:42:23,840 --> 00:42:28,599
quite honestly it's more of an art and we need to think

962
00:42:28,599 --> 00:42:30,280
about all right 10% is

963
00:42:30,280 --> 00:42:34,099
fairly modest fairly conservative if you think that you'd

964
00:42:34,099 --> 00:42:34,480
like more

965
00:42:34,480 --> 00:42:37,289
flexibility if you as you're reading the development

966
00:42:37,289 --> 00:42:38,760
standards in module 3 and

967
00:42:38,760 --> 00:42:41,909
you think boy that might not work for a lot of my projects

968
00:42:41,909 --> 00:42:43,079
then we might need to

969
00:42:43,079 --> 00:42:47,400
either raise or reduce these percentages a lot of getting

970
00:42:47,400 --> 00:42:49,119
these right is going to

971
00:42:49,119 --> 00:42:53,820
come after you've adopted the code quite honestly a year or

972
00:42:53,820 --> 00:42:56,599
two from now Scott

973
00:42:56,599 --> 00:43:00,849
and his team need to be very cautious and judicious about

974
00:43:00,849 --> 00:43:01,840
how this tool is

975
00:43:01,840 --> 00:43:05,880
used it should not just be the new norm that you're always

976
00:43:05,880 --> 00:43:07,880
10% doesn't mean your

977
00:43:07,880 --> 00:43:11,699
setback is always 10% less than what the code says you need

978
00:43:11,699 --> 00:43:13,440
to see what types of

979
00:43:13,440 --> 00:43:16,789
conditions really warrant the use of this tool and if you

980
00:43:16,789 --> 00:43:17,880
always need more

981
00:43:17,880 --> 00:43:20,840
flexibility and you're not able to get there using this

982
00:43:20,840 --> 00:43:22,159
minor mod then maybe

983
00:43:22,159 --> 00:43:26,150
you adjust that through a future code amendment I hope that

984
00:43:26,150 --> 00:43:28,000
was helpful but a

985
00:43:28,000 --> 00:43:30,840
lot of it is just having discussions between now and

986
00:43:30,840 --> 00:43:32,199
adoption but then post

987
00:43:32,199 --> 00:43:46,159
adoption as well okay so that's really the highlights some

988
00:43:46,159 --> 00:43:46,599
of the things that

989
00:43:46,599 --> 00:43:49,909
we thought were some of the biggest most interesting

990
00:43:49,909 --> 00:43:51,079
changes from your your

991
00:43:51,079 --> 00:43:54,909
current DDC to what has been proposed I want to focus a

992
00:43:54,909 --> 00:43:56,480
little bit on what's

993
00:43:56,480 --> 00:44:02,260
happening next in terms of process yesterday already

994
00:44:02,260 --> 00:44:03,960
happened so that's

995
00:44:03,960 --> 00:44:07,239
done today is mostly done and that's what we're going to be

996
00:44:07,239 --> 00:44:07,920
up to we met with

997
00:44:07,920 --> 00:44:11,030
several members of City Council and the Planning Commission

998
00:44:11,030 --> 00:44:11,920
this morning had

999
00:44:11,920 --> 00:44:16,980
very thoughtful feedback that advisory committee is really

1000
00:44:16,980 --> 00:44:17,920
going to be helpful

1001
00:44:17,920 --> 00:44:20,530
over the next six to eight weeks they're going to be

1002
00:44:20,530 --> 00:44:23,159
spending a lot of time going

1003
00:44:23,159 --> 00:44:28,019
through maybe not line by line but topic by topic making

1004
00:44:28,019 --> 00:44:29,039
sure that we've covered

1005
00:44:29,039 --> 00:44:32,269
the basis making sure that we're following appropriate

1006
00:44:32,269 --> 00:44:33,400
policy guidance so

1007
00:44:33,400 --> 00:44:36,219
that by the time it gets to the adoption phase a lot of the

1008
00:44:36,219 --> 00:44:37,239
bigger issues have

1009
00:44:37,239 --> 00:44:41,329
been vetted the other important thing and Margie and Andrew

1010
00:44:41,329 --> 00:44:42,519
and Larry sit on

1011
00:44:42,519 --> 00:44:45,670
that committee is reporting back to you all the Planning

1012
00:44:45,670 --> 00:44:46,760
Commission as a whole

1013
00:44:46,760 --> 00:44:50,239
say here's what we talked about what do you all think and

1014
00:44:50,239 --> 00:44:51,000
then bringing that

1015
00:44:51,000 --> 00:44:53,840
feedback back to the committee so we've got that going on

1016
00:44:53,840 --> 00:44:54,599
in the background

1017
00:44:54,599 --> 00:44:58,139
staff is going to be working with them a lot over the next

1018
00:44:58,139 --> 00:44:59,800
six weeks additional

1019
00:44:59,800 --> 00:45:03,630
stakeholder meetings today we met with the DCDA over at the

1020
00:45:03,630 --> 00:45:05,079
chamber heard a lot

1021
00:45:05,079 --> 00:45:09,269
of feedback about you know actually mostly open arms about

1022
00:45:09,269 --> 00:45:10,119
this new process

1023
00:45:10,119 --> 00:45:14,349
they were excited to hear that we're streamlining I think

1024
00:45:14,349 --> 00:45:15,280
it means different

1025
00:45:15,280 --> 00:45:18,320
things to different people but generally have been pleased

1026
00:45:18,320 --> 00:45:18,960
with some of the

1027
00:45:18,960 --> 00:45:21,489
direction that the city has been going under over the past

1028
00:45:21,489 --> 00:45:22,440
couple of months and

1029
00:45:22,440 --> 00:45:27,469
what's to come out of this tonight we've got the open house

1030
00:45:27,469 --> 00:45:28,360
not sure what to

1031
00:45:28,360 --> 00:45:31,170
expect hopefully a good turnout given the weather but

1032
00:45:31,170 --> 00:45:32,840
typically we do get a

1033
00:45:32,840 --> 00:45:35,989
lot of people that show up and give us their their feedback

1034
00:45:35,989 --> 00:45:36,840
on not only the

1035
00:45:36,840 --> 00:45:40,469
process but what they'd like to see out of the procedures

1036
00:45:40,469 --> 00:45:41,840
and the districts and

1037
00:45:41,840 --> 00:45:47,239
uses I mentioned that the next part is the quality

1038
00:45:47,239 --> 00:45:48,519
standards a lot of people

1039
00:45:48,519 --> 00:45:50,980
find that to be the most interesting part of the code

1040
00:45:50,980 --> 00:45:52,039
because we're talking

1041
00:45:52,039 --> 00:45:55,579
about things that they can picture in their heads trees and

1042
00:45:55,579 --> 00:45:56,840
landscaping and

1043
00:45:56,840 --> 00:46:01,570
parking we'll be back on the 17th and 18th that'll be Jim

1044
00:46:01,570 --> 00:46:03,039
and myself we'll be

1045
00:46:03,039 --> 00:46:06,269
here to run through basically the same set of meetings that

1046
00:46:06,269 --> 00:46:07,000
you see here

1047
00:46:07,000 --> 00:46:10,480
another opportunity for you all to comment hopefully you'll

1048
00:46:10,480 --> 00:46:11,039
have a chance

1049
00:46:11,039 --> 00:46:15,070
to review the draft a little bit in advance before those

1050
00:46:15,070 --> 00:46:16,280
meetings but we

1051
00:46:16,280 --> 00:46:18,500
will be back to talk about those and then you'll have a

1052
00:46:18,500 --> 00:46:19,519
better picture of how

1053
00:46:19,519 --> 00:46:26,000
these three pieces relate to each other a big component of

1054
00:46:26,000 --> 00:46:28,480
adopting a new DDC

1055
00:46:28,480 --> 00:46:32,389
especially a new set of zoning districts as well how do we

1056
00:46:32,389 --> 00:46:33,920
map this right now

1057
00:46:33,920 --> 00:46:36,960
you've got 28 zoning districts on the books well we're

1058
00:46:36,960 --> 00:46:38,199
going we're proposing

1059
00:46:38,199 --> 00:46:41,690
to get that down to 14 zoning districts so there's a

1060
00:46:41,690 --> 00:46:43,079
mapping component there

1061
00:46:43,079 --> 00:46:46,900
that's required how do we convert zoning districts as we

1062
00:46:46,900 --> 00:46:47,360
have proposed

1063
00:46:47,360 --> 00:46:50,750
consolidations of some of those NR districts and our

1064
00:46:50,750 --> 00:46:52,119
districts and other

1065
00:46:52,119 --> 00:46:55,400
districts we've created new mixed-use districts well how do

1066
00:46:55,400 --> 00:46:56,599
those apply to the

1067
00:46:56,599 --> 00:47:01,130
map cities have lots of different ways of handling this

1068
00:47:01,130 --> 00:47:02,760
process oftentimes

1069
00:47:02,760 --> 00:47:07,030
they will just take a very light touch and say yeah we're

1070
00:47:07,030 --> 00:47:08,599
just going to do the

1071
00:47:08,599 --> 00:47:12,090
conversions right now from renaming one district to

1072
00:47:12,090 --> 00:47:14,079
something else other

1073
00:47:14,079 --> 00:47:17,699
communities really use this as an open door opportunity to

1074
00:47:17,699 --> 00:47:18,800
say let's fix all

1075
00:47:18,800 --> 00:47:21,949
the problems that we know exist out there let's open the

1076
00:47:21,949 --> 00:47:23,079
door to property

1077
00:47:23,079 --> 00:47:26,400
owners and say what do we think your zoning should actually

1078
00:47:26,400 --> 00:47:27,280
be this what do

1079
00:47:27,280 --> 00:47:29,750
you think let's let's really have that dialogue and make

1080
00:47:29,750 --> 00:47:30,440
sure if we're going to

1081
00:47:30,440 --> 00:47:34,429
go through this process of updating the map that we get it

1082
00:47:34,429 --> 00:47:36,760
right I will tell you

1083
00:47:36,760 --> 00:47:39,429
that most cities land somewhere in the middle and we think

1084
00:47:39,429 --> 00:47:40,480
that's where Denton

1085
00:47:40,480 --> 00:47:43,230
will land as well you want to take a relatively

1086
00:47:43,230 --> 00:47:44,760
conservative approach and

1087
00:47:44,760 --> 00:47:47,460
make sure that we've captured the new lineup of zoning

1088
00:47:47,460 --> 00:47:48,639
districts to align with

1089
00:47:48,639 --> 00:47:52,719
your future land use plan but also fix some of the issues

1090
00:47:52,719 --> 00:47:53,480
one that's been

1091
00:47:53,480 --> 00:47:56,309
brought up repeatedly over the past couple of days is a

1092
00:47:56,309 --> 00:47:57,440
property that zoned

1093
00:47:57,440 --> 00:48:00,469
for residential but there are so many gas wells there that

1094
00:48:00,469 --> 00:48:01,519
you really can't do

1095
00:48:01,519 --> 00:48:05,349
residential uses there so it probably should be zoned

1096
00:48:05,349 --> 00:48:07,000
something else so that

1097
00:48:07,000 --> 00:48:11,369
it's not really misclassified and I think there are several

1098
00:48:11,369 --> 00:48:12,280
of those within

1099
00:48:12,280 --> 00:48:15,079
the community staff has taken the first crack they have

1100
00:48:15,079 --> 00:48:16,400
developed a draft

1101
00:48:16,400 --> 00:48:21,150
methodology for how these conversions will take place and

1102
00:48:21,150 --> 00:48:22,679
we have been working

1103
00:48:22,679 --> 00:48:26,860
with them on that as well they are going to roll out a new

1104
00:48:26,860 --> 00:48:29,400
map starting in late

1105
00:48:29,400 --> 00:48:33,230
April and going through May to take this out to the

1106
00:48:33,230 --> 00:48:35,320
community to really open it

1107
00:48:35,320 --> 00:48:38,900
up hey we're telling you here's your current zoning on your

1108
00:48:38,900 --> 00:48:39,840
property we have

1109
00:48:39,840 --> 00:48:43,179
proposed a new zoning district and in some cases it might

1110
00:48:43,179 --> 00:48:44,360
be more flexible I

1111
00:48:44,360 --> 00:48:48,210
would I would guess that in most cases this will create it

1112
00:48:48,210 --> 00:48:49,400
will really open

1113
00:48:49,400 --> 00:48:53,230
doors for things to happen on properties rather than

1114
00:48:53,230 --> 00:48:55,400
restrict them but that

1115
00:48:55,400 --> 00:48:58,630
conversation needs to be had they have prepared comment

1116
00:48:58,630 --> 00:48:59,559
cards it would be

1117
00:48:59,559 --> 00:49:03,739
shipped out to every property owner and allow that

1118
00:49:03,739 --> 00:49:06,000
conversation to take place

1119
00:49:06,000 --> 00:49:09,940
and they might also be considering an opportunity to come

1120
00:49:09,940 --> 00:49:11,239
in and if somebody

1121
00:49:11,239 --> 00:49:15,260
wants to rezone their property rather than requiring a rez

1122
00:49:15,260 --> 00:49:16,480
oning application

1123
00:49:16,480 --> 00:49:21,760
that is usually fairly lengthy and tedious that might be

1124
00:49:21,760 --> 00:49:23,039
able to be rolled

1125
00:49:23,039 --> 00:49:28,159
into this zoning map change with the overall DDC update so

1126
00:49:28,159 --> 00:49:28,880
a lot of

1127
00:49:28,880 --> 00:49:32,550
discussions still yet to be had on this issue but you can

1128
00:49:32,550 --> 00:49:33,280
see these these

1129
00:49:33,280 --> 00:49:35,739
meetings are coming up quickly and they're going to take it

1130
00:49:35,739 --> 00:49:36,320
around to all

1131
00:49:36,320 --> 00:49:39,969
of the respective council districts as well we hope you all

1132
00:49:39,969 --> 00:49:41,360
have a chance to

1133
00:49:41,360 --> 00:49:44,590
take part in those mapping discussions I think it's really

1134
00:49:44,590 --> 00:49:46,199
important not only for

1135
00:49:46,199 --> 00:49:49,690
your personal property that you may may own in the city but

1136
00:49:49,690 --> 00:49:51,000
your constituents as

1137
00:49:51,000 --> 00:49:53,239
well

1138
00:49:57,400 --> 00:49:59,360
this is kind of a rehashing of what we've already told you

1139
00:49:59,360 --> 00:50:01,159
so I won't spend

1140
00:50:01,159 --> 00:50:05,610
time there spend some time on the Denton code 2030 comm

1141
00:50:05,610 --> 00:50:07,320
website if you're looking

1142
00:50:07,320 --> 00:50:09,989
for a document that has been released to the public you

1143
00:50:09,989 --> 00:50:11,039
should find it there

1144
00:50:11,039 --> 00:50:15,250
staff has been very good about maintaining that website so

1145
00:50:15,250 --> 00:50:16,039
that's where

1146
00:50:16,039 --> 00:50:18,949
you can look for any future it's kind of the project home

1147
00:50:18,949 --> 00:50:19,840
base for everything

1148
00:50:19,840 --> 00:50:24,239
that we're doing and that is the presentation I know a lot

1149
00:50:24,239 --> 00:50:25,320
of talking to

1150
00:50:25,320 --> 00:50:29,519
you so now we get to open it up for conversation

1151
00:50:29,519 --> 00:50:31,000
Commissioner Smith thank

1152
00:50:31,000 --> 00:50:33,309
you chair you're riffing so well I don't want to interrupt

1153
00:50:33,309 --> 00:50:35,559
you earlier we were

1154
00:50:35,559 --> 00:50:40,519
talking about PD's you've mentioned that you know right now

1155
00:50:40,519 --> 00:50:41,239
our current code is

1156
00:50:41,239 --> 00:50:46,769
five acres you said that to a certain degree lessening that

1157
00:50:46,769 --> 00:50:48,159
can be be

1158
00:50:48,159 --> 00:50:52,909
beneficial last more flexible how much less because though

1159
00:50:52,909 --> 00:50:53,920
and there you're

1160
00:50:53,920 --> 00:50:56,059
right there's a lot of infill in the area that we need but

1161
00:50:56,059 --> 00:50:56,840
we don't want to

1162
00:50:56,840 --> 00:50:59,659
make it to where every single you know new subdivision that

1163
00:50:59,659 --> 00:51:00,659
comes in here wants

1164
00:51:00,659 --> 00:51:03,389
to develop you know then I even really I wouldn't call a

1165
00:51:03,389 --> 00:51:04,559
subdivision every little

1166
00:51:04,559 --> 00:51:06,849
new neighborhood that wants to come and develop a two or

1167
00:51:06,849 --> 00:51:07,679
three acre tract of

1168
00:51:07,679 --> 00:51:11,619
land basically build its own zoning handbook at that point

1169
00:51:11,619 --> 00:51:12,119
in time does that

1170
00:51:12,119 --> 00:51:15,349
make sense so yeah it does what what what what level of

1171
00:51:15,349 --> 00:51:16,480
minimum do you expect

1172
00:51:16,480 --> 00:51:19,369
if we don't have a solid number right now what level of

1173
00:51:19,369 --> 00:51:20,360
minimum do you would

1174
00:51:20,360 --> 00:51:22,820
you would you recommend or would you see I'm not I'm not

1175
00:51:22,820 --> 00:51:23,639
certain I wouldn't

1176
00:51:23,639 --> 00:51:26,480
venture into a specific number have you seen other

1177
00:51:26,480 --> 00:51:27,559
communities do this is a

1178
00:51:27,559 --> 00:51:31,550
starting point I think we'll have to see what comes through

1179
00:51:31,550 --> 00:51:32,460
the comments on the

1180
00:51:32,460 --> 00:51:35,230
third and final module quite honestly okay that's gonna

1181
00:51:35,230 --> 00:51:35,920
give us a better

1182
00:51:35,920 --> 00:51:39,550
roadmap for adjusting that PD number if it looks like

1183
00:51:39,550 --> 00:51:41,119
people are generally

1184
00:51:41,119 --> 00:51:44,349
satisfied with the proposed parking and landscaping and

1185
00:51:44,349 --> 00:51:45,599
building design then

1186
00:51:45,599 --> 00:51:50,599
there's probably going to be less use of the PD tool at all

1187
00:51:50,599 --> 00:51:51,960
if it seems like we

1188
00:51:51,960 --> 00:51:54,070
were getting a lot of comments and boy I've got a parcel

1189
00:51:54,070 --> 00:51:55,039
that's really unique

1190
00:51:55,039 --> 00:51:57,679
it wouldn't meet any of these standards and there's a lot

1191
00:51:57,679 --> 00:51:58,960
of the two to three

1192
00:51:58,960 --> 00:52:01,250
acre folks out there they're gonna have problems with those

1193
00:52:01,250 --> 00:52:02,639
standards maybe we

1194
00:52:02,639 --> 00:52:05,980
would cut that back a little bit five acres may be where

1195
00:52:05,980 --> 00:52:07,679
you stay we just

1196
00:52:07,679 --> 00:52:10,909
don't know until we have fully vetted the code the same

1197
00:52:10,909 --> 00:52:11,739
thing goes with the

1198
00:52:11,739 --> 00:52:15,219
zoning map we're gonna make adjustments to the use table we

1199
00:52:15,219 --> 00:52:16,159
're gonna make

1200
00:52:16,159 --> 00:52:19,980
adjustments to the lineup of zoning districts but when the

1201
00:52:19,980 --> 00:52:21,079
map is released

1202
00:52:21,079 --> 00:52:24,239
for public consumption that's when you really start getting

1203
00:52:24,239 --> 00:52:25,159
feedback from the

1204
00:52:25,159 --> 00:52:28,099
public they might say you know I'd be comfortable with that

1205
00:52:28,099 --> 00:52:29,619
district but not

1206
00:52:29,619 --> 00:52:33,719
if you allow this type of use in that district so a lot of

1207
00:52:33,719 --> 00:52:35,519
the changes are

1208
00:52:35,519 --> 00:52:40,260
gonna happen at that consolidated stage once we have fully

1209
00:52:40,260 --> 00:52:41,760
vetted each piece

1210
00:52:44,760 --> 00:52:52,590
I got a couple of questions I made notes on I noticed here

1211
00:52:52,590 --> 00:52:53,480
through the

1212
00:52:53,480 --> 00:52:57,840
administrative particularly in the appeal process there's

1213
00:52:57,840 --> 00:52:59,079
time limits that

1214
00:52:59,079 --> 00:53:02,500
you have to appeal decisions but I didn't notice and I may

1215
00:53:02,500 --> 00:53:03,360
have just missed

1216
00:53:03,360 --> 00:53:07,460
it because I read through quickly are there time limits for

1217
00:53:07,460 --> 00:53:08,280
the city to

1218
00:53:08,280 --> 00:53:14,300
respond take action review plans and if they don't meet

1219
00:53:14,300 --> 00:53:17,239
those timelines it's

1220
00:53:17,239 --> 00:53:20,539
approved as is instead of being caught in the situation of

1221
00:53:20,539 --> 00:53:22,800
we go week after

1222
00:53:22,800 --> 00:53:27,469
week and are there any considerations contemplated about

1223
00:53:27,469 --> 00:53:28,840
those types of things

1224
00:53:28,840 --> 00:53:33,239
being added to our code at this time likely not a lot of

1225
00:53:33,239 --> 00:53:34,760
those integrated

1226
00:53:34,760 --> 00:53:38,179
directly into the DDC those are the types of things that

1227
00:53:38,179 --> 00:53:39,440
are developed as

1228
00:53:39,440 --> 00:53:43,269
processes under Scott's direction processes that are

1229
00:53:43,269 --> 00:53:44,920
documented sometimes

1230
00:53:44,920 --> 00:53:48,230
in the administrative manual in the development criteria

1231
00:53:48,230 --> 00:53:49,719
manuals they're

1232
00:53:49,719 --> 00:53:53,019
important it's important to make sure that staff is keeping

1233
00:53:53,019 --> 00:53:53,880
up their end of

1234
00:53:53,880 --> 00:53:57,880
the bargain I will tell you that in working with Scott over

1235
00:53:57,880 --> 00:53:58,800
the past few

1236
00:53:58,800 --> 00:54:02,269
months we've already seen a lot of changes to how things

1237
00:54:02,269 --> 00:54:03,280
are are handled

1238
00:54:03,280 --> 00:54:06,039
for development in the city we expect that to be fully

1239
00:54:06,039 --> 00:54:07,920
fleshed out in the

1240
00:54:07,920 --> 00:54:12,110
manuals and between the DDC and those manuals there will be

1241
00:54:12,110 --> 00:54:12,880
a very clear

1242
00:54:12,880 --> 00:54:15,840
procedure of what to expect and should be covered at those

1243
00:54:15,840 --> 00:54:16,920
pre-development

1244
00:54:16,920 --> 00:54:21,360
applications as well and mr. chairman to your point yes

1245
00:54:21,360 --> 00:54:22,440
there there absolutely

1246
00:54:22,440 --> 00:54:25,219
will be documentation of that no different than the

1247
00:54:25,219 --> 00:54:26,280
expectation today

1248
00:54:26,280 --> 00:54:29,900
whether it's it's not written is that a project manager

1249
00:54:29,900 --> 00:54:31,239
ultimately when there's

1250
00:54:31,239 --> 00:54:34,079
a submittal placed that a project manager is reaching out

1251
00:54:34,079 --> 00:54:35,039
within 48 hours

1252
00:54:35,039 --> 00:54:38,690
so there should be contact from the city to the applicant

1253
00:54:38,690 --> 00:54:39,880
to say I have your

1254
00:54:39,880 --> 00:54:44,070
project etc etc and that's not written anywhere that's not

1255
00:54:44,070 --> 00:54:45,559
codified codified but

1256
00:54:45,559 --> 00:54:48,480
when we get to the administrative manual all of that be

1257
00:54:48,480 --> 00:54:49,920
laid out so that yes we

1258
00:54:49,920 --> 00:54:53,210
are accountable to the applicant the citizens as well as

1259
00:54:53,210 --> 00:54:54,800
the citizens and the

1260
00:54:54,800 --> 00:54:59,679
applicants are accountable to the city so that's great is

1261
00:54:59,679 --> 00:55:01,119
there a mechanism

1262
00:55:01,119 --> 00:55:03,690
that's going to be put in place that if you exceed those

1263
00:55:03,690 --> 00:55:05,880
timelines that those

1264
00:55:05,880 --> 00:55:10,989
things are approved or they just held up until they get

1265
00:55:10,989 --> 00:55:13,199
looked at well I was

1266
00:55:13,199 --> 00:55:19,230
gonna respond to the first part so generally speaking as we

1267
00:55:19,230 --> 00:55:20,199
try to remove

1268
00:55:20,199 --> 00:55:22,739
most timelines from the code you know those are things that

1269
00:55:22,739 --> 00:55:23,360
you want to be

1270
00:55:23,360 --> 00:55:27,349
able to be nimble on and respond to you know bigger

1271
00:55:27,349 --> 00:55:29,320
projects with taking a

1272
00:55:29,320 --> 00:55:31,199
little bit more time smaller projects move through more

1273
00:55:31,199 --> 00:55:31,760
quickly so most

1274
00:55:31,760 --> 00:55:34,119
communities take timelines out of their code they put them

1275
00:55:34,119 --> 00:55:34,880
in an administrative

1276
00:55:34,880 --> 00:55:38,280
manual some communities do make them hard and fast

1277
00:55:38,280 --> 00:55:39,559
deadlines but most keep

1278
00:55:39,559 --> 00:55:42,019
them advisory because they want to have that flexibility so

1279
00:55:42,019 --> 00:55:42,679
that's just a

1280
00:55:42,679 --> 00:55:46,039
general rule there is there are a couple of specific

1281
00:55:46,039 --> 00:55:47,280
timelines that we did put in

1282
00:55:47,280 --> 00:55:50,659
the draft one is application completeness you know which is

1283
00:55:50,659 --> 00:55:51,119
Texas

1284
00:55:51,119 --> 00:55:53,920
government code so that's the 10 business days after it's

1285
00:55:53,920 --> 00:55:54,519
filed the

1286
00:55:54,519 --> 00:55:57,329
director has to make a determination of completeness that

1287
00:55:57,329 --> 00:55:58,679
one if they don't get

1288
00:55:58,679 --> 00:56:01,659
a response about completeness within 10 days that is deemed

1289
00:56:01,659 --> 00:56:02,679
complete so that's

1290
00:56:02,679 --> 00:56:05,380
one of the few places where we do have a deemed complete

1291
00:56:05,380 --> 00:56:06,480
review in there we

1292
00:56:06,480 --> 00:56:08,820
actually have added some language here that you don't have

1293
00:56:08,820 --> 00:56:09,559
now that you might

1294
00:56:09,559 --> 00:56:12,349
want to take a look at this is on page 30 of the draft when

1295
00:56:12,349 --> 00:56:13,199
you get a chance

1296
00:56:13,199 --> 00:56:17,280
and we have clarified what happens if someone submits an

1297
00:56:17,280 --> 00:56:18,800
application that is

1298
00:56:18,800 --> 00:56:22,219
determined incomplete and there's actually more process

1299
00:56:22,219 --> 00:56:23,079
here than you have

1300
00:56:23,079 --> 00:56:25,420
now more clarity and it says if the application is

1301
00:56:25,420 --> 00:56:26,480
determined not to be

1302
00:56:26,480 --> 00:56:28,670
complete the director shall provide written notice to the

1303
00:56:28,670 --> 00:56:29,719
applicant notice

1304
00:56:29,719 --> 00:56:32,289
shall specify how it's incomplete and then the director

1305
00:56:32,289 --> 00:56:33,239
shall provide this

1306
00:56:33,239 --> 00:56:35,409
notice no later than the 10th business day after the

1307
00:56:35,409 --> 00:56:37,360
application is filed then

1308
00:56:37,360 --> 00:56:41,599
the application expires on or after the 45th day if the

1309
00:56:41,599 --> 00:56:43,320
application filed is if

1310
00:56:43,320 --> 00:56:45,860
the applicant doesn't provide the things that were said to

1311
00:56:45,860 --> 00:56:46,679
be lacking in the

1312
00:56:46,679 --> 00:56:50,510
application so there's more process there generally

1313
00:56:50,510 --> 00:56:51,840
speaking most communities

1314
00:56:51,840 --> 00:56:54,900
don't have deemed approvals that's not something we would

1315
00:56:54,900 --> 00:56:55,840
recommend put in a

1316
00:56:55,840 --> 00:56:58,019
code most communities have gotten away from that if there's

1317
00:56:58,019 --> 00:56:58,679
ever a deemed

1318
00:56:58,679 --> 00:57:02,670
automatic action it's a deemed denial but that's a policy

1319
00:57:02,670 --> 00:57:03,440
decision for you all

1320
00:57:03,440 --> 00:57:06,670
to have but we don't have anything like that in the code

1321
00:57:06,670 --> 00:57:07,679
but this this is

1322
00:57:07,679 --> 00:57:10,559
directly responsive to your first question so I just wanted

1323
00:57:10,559 --> 00:57:10,599
to put that up.

1324
00:57:10,599 --> 00:57:18,960
Okay thank you my second one is the times in the past when

1325
00:57:18,960 --> 00:57:19,840
the city has done

1326
00:57:19,840 --> 00:57:22,769
these you're correct these are very complicated and there's

1327
00:57:22,769 --> 00:57:23,559
a lot of moving

1328
00:57:23,559 --> 00:57:28,449
pieces on it is there a mechanism for and I just wrote a

1329
00:57:28,449 --> 00:57:29,039
note on here

1330
00:57:29,039 --> 00:57:33,650
unintended consequences or conflicts that to your point we

1331
00:57:33,650 --> 00:57:35,039
make a large change

1332
00:57:35,039 --> 00:57:40,230
and somebody comes forward and goes there's an issue with

1333
00:57:40,230 --> 00:57:42,800
my project is there

1334
00:57:42,800 --> 00:57:47,920
a mechanism in here of how that gets resolved and you're

1335
00:57:47,920 --> 00:57:49,400
not hung up with

1336
00:57:49,400 --> 00:57:52,869
your your project is no longer in compliance because we've

1337
00:57:52,869 --> 00:57:53,920
had a change in

1338
00:57:53,920 --> 00:57:57,940
standards yeah I think there there are several mechanisms

1339
00:57:57,940 --> 00:57:58,960
that have been

1340
00:57:58,960 --> 00:58:04,070
integrated into this draft one of those is just the minor

1341
00:58:04,070 --> 00:58:06,960
modification tool that

1342
00:58:06,960 --> 00:58:10,820
gives you the authority to make some adjustments without

1343
00:58:10,820 --> 00:58:12,280
having to go through

1344
00:58:12,280 --> 00:58:14,909
a public hearing process you realize there's something

1345
00:58:14,909 --> 00:58:17,079
about that site that

1346
00:58:17,079 --> 00:58:20,239
is particularly challenging and you're willing to make an

1347
00:58:20,239 --> 00:58:21,599
adjustment because of

1348
00:58:21,599 --> 00:58:26,780
that what you haven't seen yet is actually baked directly

1349
00:58:26,780 --> 00:58:27,480
into the

1350
00:58:27,480 --> 00:58:30,159
development standards like the landscaping and the parking

1351
00:58:30,159 --> 00:58:31,360
there are

1352
00:58:31,360 --> 00:58:35,349
escape valves there there too let's say look we know these

1353
00:58:35,349 --> 00:58:37,019
are the standards you

1354
00:58:37,019 --> 00:58:40,860
can come to us with an alternative approach for landscape

1355
00:58:40,860 --> 00:58:41,679
design as an

1356
00:58:41,679 --> 00:58:45,869
example if you're showing that you meet the intent of the

1357
00:58:45,869 --> 00:58:47,079
code but it's got to

1358
00:58:47,079 --> 00:58:50,269
be something different because again you have a particular

1359
00:58:50,269 --> 00:58:51,519
site challenge if you're

1360
00:58:51,519 --> 00:58:55,340
meeting the intent of the code you can present something

1361
00:58:55,340 --> 00:58:56,800
that way the same for

1362
00:58:56,800 --> 00:59:00,179
parking if you're willing to show a demand study that says

1363
00:59:00,179 --> 00:59:00,880
something

1364
00:59:00,880 --> 00:59:04,480
different than the requirement then you have the authority

1365
00:59:04,480 --> 00:59:05,639
to be reviewing those

1366
00:59:05,639 --> 00:59:09,230
things which is a more flexible approach without having to

1367
00:59:09,230 --> 00:59:10,639
negotiate in a public

1368
00:59:10,639 --> 00:59:13,789
forum at a public hearing you've got a lot of baked-in

1369
00:59:13,789 --> 00:59:14,760
tools within the

1370
00:59:14,760 --> 00:59:19,199
standards beyond that this is where those percentages come

1371
00:59:19,199 --> 00:59:20,760
into play if if

1372
00:59:20,760 --> 00:59:23,960
you're just asking not to play by the rules because you don

1373
00:59:23,960 --> 00:59:25,440
't feel like it then

1374
00:59:25,440 --> 00:59:29,480
no that that's no let me clear up my question and what

1375
00:59:29,480 --> 00:59:30,199
might it might be a

1376
00:59:30,199 --> 00:59:36,099
variance for other let me clear up my question because what

1377
00:59:36,099 --> 00:59:37,800
my concern is is

1378
00:59:37,800 --> 00:59:40,949
that we're doing a complete rezone of the entire city yeah

1379
00:59:40,949 --> 00:59:42,320
and we're changing

1380
00:59:42,320 --> 00:59:46,000
the rules yeah of how zoning is the standards and the

1381
00:59:46,000 --> 00:59:48,480
requirements people

1382
00:59:48,480 --> 00:59:51,059
who've purchased property for people who are developing

1383
00:59:51,059 --> 00:59:52,400
property that have begun

1384
00:59:52,400 --> 00:59:57,239
projects whether they may have made an application or not

1385
00:59:57,239 --> 00:59:58,679
let's say there's

1386
00:59:58,679 --> 01:00:01,449
some of both there's pre applications and there's people

1387
01:00:01,449 --> 01:00:02,360
who may have done

1388
01:00:02,360 --> 01:00:07,369
applications they may have some relief as far as vesting

1389
01:00:07,369 --> 01:00:08,840
per se but for people

1390
01:00:08,840 --> 01:00:12,659
who've bought properties with the intention of developing

1391
01:00:12,659 --> 01:00:13,460
under zoning

1392
01:00:13,460 --> 01:00:17,440
codes currently in place and we change those when the city

1393
01:00:17,440 --> 01:00:18,719
re zones the whole

1394
01:00:18,719 --> 01:00:23,679
city now when you bring your project in you will now fall

1395
01:00:23,679 --> 01:00:25,280
under new zoning

1396
01:00:25,280 --> 01:00:28,429
requirements that may be different than the zoning

1397
01:00:28,429 --> 01:00:30,000
requirements were as you

1398
01:00:30,000 --> 01:00:34,559
purchased or in process and haven't made application and

1399
01:00:34,559 --> 01:00:36,079
and that's where my

1400
01:00:36,079 --> 01:00:40,619
question goes to those types of instances because it is a

1401
01:00:40,619 --> 01:00:42,559
zoning it will

1402
01:00:42,559 --> 01:00:46,469
have a completely it will control what can be done with

1403
01:00:46,469 --> 01:00:48,079
that property now and

1404
01:00:48,079 --> 01:00:51,449
so if there are unintended consequences if there are

1405
01:00:51,449 --> 01:00:54,280
conflicts and it's greater

1406
01:00:54,280 --> 01:01:00,559
than 10% how do those instances get resolved in a timely

1407
01:01:00,559 --> 01:01:01,519
manner versus they

1408
01:01:01,519 --> 01:01:06,119
fall into an administrative black hole of it's no longer

1409
01:01:06,119 --> 01:01:08,119
compatible and now it's

1410
01:01:08,119 --> 01:01:11,679
gonna have to be non-conforming all types of issues that

1411
01:01:11,679 --> 01:01:12,599
may come up in

1412
01:01:12,599 --> 01:01:16,070
those types of instances I hope that maybe clarifies what

1413
01:01:16,070 --> 01:01:17,880
my concern is yes

1414
01:01:17,880 --> 01:01:21,039
thank you now I better understand your question and I will

1415
01:01:21,039 --> 01:01:22,320
say for the most

1416
01:01:22,320 --> 01:01:25,389
part and I think I mentioned earlier there should be more

1417
01:01:25,389 --> 01:01:26,320
opportunities

1418
01:01:26,320 --> 01:01:30,630
rather than fewer opportunities under the new DDC but there

1419
01:01:30,630 --> 01:01:31,960
will be instances

1420
01:01:31,960 --> 01:01:39,550
where a site is made non-conforming we have tried to reduce

1421
01:01:39,550 --> 01:01:40,719
the the number of

1422
01:01:40,719 --> 01:01:43,179
times that we think that might happen that's always a

1423
01:01:43,179 --> 01:01:44,320
question that we ask of

1424
01:01:44,320 --> 01:01:48,139
staff if they were to suggest well let's just change that

1425
01:01:48,139 --> 01:01:49,119
setback requirement

1426
01:01:49,119 --> 01:01:52,670
well how many non-conformities are you going to create in

1427
01:01:52,670 --> 01:01:54,000
doing that so that's

1428
01:01:54,000 --> 01:01:58,230
always in the back of our minds as we're drafting I think

1429
01:01:58,230 --> 01:01:59,320
we'll try to minimize

1430
01:01:59,320 --> 01:02:03,840
those now is the time to get involved there is a lag period

1431
01:02:03,840 --> 01:02:05,199
between adoption

1432
01:02:05,199 --> 01:02:09,570
of the code and adoption of the map and the effective date

1433
01:02:09,570 --> 01:02:10,960
of the code in the

1434
01:02:10,960 --> 01:02:14,780
map and there there will be property owners that decide you

1435
01:02:14,780 --> 01:02:16,239
know I actually

1436
01:02:16,239 --> 01:02:19,320
am not satisfied with where this ended up and I'm gonna get

1437
01:02:19,320 --> 01:02:20,360
my application in

1438
01:02:20,360 --> 01:02:24,960
now rather than later because I want to come in under the

1439
01:02:24,960 --> 01:02:26,320
the current DDC versus

1440
01:02:26,320 --> 01:02:29,760
the new adopted DDC there are others that are gonna wait

1441
01:02:29,760 --> 01:02:30,760
conversely and say

1442
01:02:30,760 --> 01:02:33,469
alright I'm gonna wait until this is effective because I

1443
01:02:33,469 --> 01:02:34,440
really like the new

1444
01:02:34,440 --> 01:02:37,849
rules better than than what I have see Matt wants to jump

1445
01:02:37,849 --> 01:02:38,880
in yeah one

1446
01:02:38,880 --> 01:02:41,599
additional comment I didn't realize you were going down the

1447
01:02:41,599 --> 01:02:42,320
best team road

1448
01:02:42,320 --> 01:02:46,840
that's a category of issues that I would just say up front

1449
01:02:46,840 --> 01:02:47,559
we need to spend more

1450
01:02:47,559 --> 01:02:51,960
time working with the the staff and the legal staff

1451
01:02:51,960 --> 01:02:52,840
especially in terms of

1452
01:02:52,840 --> 01:02:55,880
incorporating into the common review procedure framework

1453
01:02:55,880 --> 01:02:56,880
that we've got it's

1454
01:02:56,880 --> 01:02:59,519
gonna be in there in some way I want to make sure that we

1455
01:02:59,519 --> 01:03:00,360
do it the right way

1456
01:03:00,360 --> 01:03:03,039
it's sometimes you know as you know is gonna be automatic

1457
01:03:03,039 --> 01:03:04,079
for certain types of

1458
01:03:04,079 --> 01:03:08,079
applications not for others in Colorado we have a slightly

1459
01:03:08,079 --> 01:03:08,960
different scheme you

1460
01:03:08,960 --> 01:03:11,429
know we actually have a you have to make an affirmative

1461
01:03:11,429 --> 01:03:12,360
request for vested

1462
01:03:12,360 --> 01:03:14,630
rights in certain ways and so we structure it as a discrete

1463
01:03:14,630 --> 01:03:15,400
permit I don't

1464
01:03:15,400 --> 01:03:17,710
think we do it that way here but we still need to talk with

1465
01:03:17,710 --> 01:03:18,480
your legal staff

1466
01:03:18,480 --> 01:03:20,619
about the best way to do that but if that if your question

1467
01:03:20,619 --> 01:03:21,199
is primarily

1468
01:03:21,199 --> 01:03:23,659
especially about the automatic approvals going down the

1469
01:03:23,659 --> 01:03:25,079
investing road that's my

1470
01:03:25,079 --> 01:03:29,860
response I don't know the answers I'm just yeah no it's

1471
01:03:29,860 --> 01:03:31,199
thinking out loud that

1472
01:03:31,199 --> 01:03:34,239
if you're doing things under current zoning and the zoning

1473
01:03:34,239 --> 01:03:35,039
changes and it's

1474
01:03:35,039 --> 01:03:39,480
no longer in compliance what what is your relief and if it

1475
01:03:39,480 --> 01:03:40,559
's ten percent that

1476
01:03:40,559 --> 01:03:43,710
may not meet the standard and then you're put in a non-con

1477
01:03:43,710 --> 01:03:45,079
forming or some

1478
01:03:45,079 --> 01:03:48,170
of these other issues and so that was just a question if if

1479
01:03:48,170 --> 01:03:49,159
there is going to

1480
01:03:49,159 --> 01:03:52,480
be a mechanism of there's a certain amount of time to get

1481
01:03:52,480 --> 01:03:53,599
your projects done

1482
01:03:53,599 --> 01:03:57,059
under the old rules or the new rules or to your point it's

1483
01:03:57,059 --> 01:03:59,440
adopted and after six

1484
01:03:59,440 --> 01:04:03,039
months or 12 months this is it I'm just curious how that

1485
01:04:03,039 --> 01:04:04,800
process is and and and

1486
01:04:04,800 --> 01:04:10,699
if we get to see what that process is to evaluate it I don

1487
01:04:10,699 --> 01:04:11,599
't think it's an easy

1488
01:04:11,599 --> 01:04:16,840
answer I think you've got a collection of different types

1489
01:04:16,840 --> 01:04:17,840
of entitlements out

1490
01:04:17,840 --> 01:04:22,269
there you may have to get by the mic the little a little

1491
01:04:22,269 --> 01:04:23,840
snow cone like went off

1492
01:04:23,840 --> 01:04:27,230
so I think I think it's you'll definitely have a chance to

1493
01:04:27,230 --> 01:04:27,960
to weigh in

1494
01:04:27,960 --> 01:04:30,889
on that strategy it'll be part of the overall kind of you

1495
01:04:30,889 --> 01:04:32,920
know collection of

1496
01:04:32,920 --> 01:04:37,170
things that you you ultimately recommend approval on I don

1497
01:04:37,170 --> 01:04:38,239
't think it's gonna

1498
01:04:38,239 --> 01:04:40,809
make you maybe a uniform strategy for all the different

1499
01:04:40,809 --> 01:04:41,920
entitlements that you

1500
01:04:41,920 --> 01:04:44,380
have out there because we've been talking with staff you

1501
01:04:44,380 --> 01:04:45,159
have a variety of

1502
01:04:45,159 --> 01:04:49,159
things that have been approved over time and some of them

1503
01:04:49,159 --> 01:04:51,400
may be ambiguous as to

1504
01:04:51,400 --> 01:04:54,110
whether or not they are subject to the new code standards

1505
01:04:54,110 --> 01:04:54,960
and so we need to

1506
01:04:54,960 --> 01:04:57,159
work with your staff and figure out kind of the best

1507
01:04:57,159 --> 01:04:58,199
approaches for those

1508
01:04:58,199 --> 01:05:01,239
different things that are out there I trust you I will work

1509
01:05:01,239 --> 01:05:02,039
through that I

1510
01:05:02,039 --> 01:05:05,710
just want to raise those couple of points and I appreciate

1511
01:05:05,710 --> 01:05:06,639
the feedback

1512
01:05:06,639 --> 01:05:10,460
Commissioner Ellis thank you chair I guess going back to

1513
01:05:10,460 --> 01:05:12,039
this question if there

1514
01:05:12,039 --> 01:05:16,739
is a project in process and has been approved with the old

1515
01:05:16,739 --> 01:05:18,159
code and it's not

1516
01:05:18,159 --> 01:05:22,039
complete and and this gets approved and adopted and and has

1517
01:05:22,039 --> 01:05:22,960
an effective date

1518
01:05:22,960 --> 01:05:27,710
nothing does have to change on that current project though

1519
01:05:27,710 --> 01:05:28,440
correct

1520
01:05:32,559 --> 01:05:36,119
Commissioner Beck thank you even though the zoning has

1521
01:05:36,119 --> 01:05:37,960
dramatically changed it's

1522
01:05:37,960 --> 01:05:46,519
it's locked in correct well yeah the application they're

1523
01:05:46,519 --> 01:05:49,320
gonna build single

1524
01:05:49,320 --> 01:05:53,139
family residential but the zoning change where there's like

1525
01:05:53,139 --> 01:05:55,000
NRM you know quite

1526
01:05:55,000 --> 01:05:58,599
dramatic but their applications already locked in so

1527
01:05:58,599 --> 01:05:59,880
despite the zone change

1528
01:05:59,880 --> 01:06:08,760
ill-state correct okay well I'll ask just to clarify if

1529
01:06:08,760 --> 01:06:10,079
there's a project in

1530
01:06:10,079 --> 01:06:14,449
place does the zoning stay with what it is or is it going

1531
01:06:14,449 --> 01:06:14,960
to go to the new

1532
01:06:14,960 --> 01:06:18,110
because if the new requirements zoning wise are more string

1533
01:06:18,110 --> 01:06:19,000
ent than the old

1534
01:06:19,000 --> 01:06:24,920
ones you may have projects that do not meet the new zoning

1535
01:06:24,920 --> 01:06:29,320
requirements for

1536
01:06:29,320 --> 01:06:32,679
example let's just throw a white elephant out in the room

1537
01:06:32,679 --> 01:06:33,519
let's say your

1538
01:06:33,519 --> 01:06:36,599
setbacks are different you have current zoning in place we

1539
01:06:36,599 --> 01:06:37,159
've talked about

1540
01:06:37,159 --> 01:06:40,590
setbacks and the setbacks change so you have projects that

1541
01:06:40,590 --> 01:06:41,719
are being developed

1542
01:06:41,719 --> 01:06:45,150
with certain certain setbacks but you don't have building

1543
01:06:45,150 --> 01:06:46,000
permits being

1544
01:06:46,000 --> 01:06:50,079
requested now so in six months twelve months building

1545
01:06:50,079 --> 01:06:51,239
permits are requested

1546
01:06:51,239 --> 01:06:54,000
for projects that have been developed under certain

1547
01:06:54,000 --> 01:06:55,880
guidelines you go to pull

1548
01:06:55,880 --> 01:06:59,380
building permit for those you look at the zoning here are

1549
01:06:59,380 --> 01:07:00,960
the setbacks and now

1550
01:07:00,960 --> 01:07:04,900
the setbacks are different than what the sizes were for the

1551
01:07:04,900 --> 01:07:05,960
property the way it

1552
01:07:05,960 --> 01:07:10,400
was originally developed that property should be evaluated

1553
01:07:10,400 --> 01:07:10,880
based on the

1554
01:07:10,880 --> 01:07:13,099
earlier setbacks that were in place when the complete

1555
01:07:13,099 --> 01:07:14,519
application was filed okay

1556
01:07:14,519 --> 01:07:17,469
even though it's two different things it's developed as a

1557
01:07:17,469 --> 01:07:19,239
certain deal but it

1558
01:07:19,239 --> 01:07:26,539
doesn't have a building permit pulled until a later date if

1559
01:07:26,539 --> 01:07:27,920
I can just clarify

1560
01:07:27,920 --> 01:07:31,409
for single-family residential at that in that particular

1561
01:07:31,409 --> 01:07:32,679
instance there wouldn't

1562
01:07:32,679 --> 01:07:35,719
be a site plan that's technically done really through

1563
01:07:35,719 --> 01:07:36,599
preliminary and final

1564
01:07:36,599 --> 01:07:39,409
plan so I guess at that point it would be guess what we

1565
01:07:39,409 --> 01:07:40,599
look at when that final

1566
01:07:40,599 --> 01:07:46,260
plat was approved if it was based on a current zoning

1567
01:07:46,260 --> 01:07:47,960
district that's just

1568
01:07:47,960 --> 01:07:51,800
something we need to work through so there's also changes

1569
01:07:51,800 --> 01:07:53,039
to piggyback on that

1570
01:07:53,039 --> 01:07:56,519
there's changes being talked about with places being

1571
01:07:56,519 --> 01:07:57,960
required for two-car

1572
01:07:57,960 --> 01:08:01,039
parking out front and two-car parking in garage for four

1573
01:08:01,039 --> 01:08:02,719
parking places there

1574
01:08:02,719 --> 01:08:05,699
projects in Denton that have single garages with a single

1575
01:08:05,699 --> 01:08:07,280
parking place so

1576
01:08:07,280 --> 01:08:11,519
somebody's developing projects for that type of product

1577
01:08:11,519 --> 01:08:13,440
they don't haven't pulled

1578
01:08:13,440 --> 01:08:17,520
a building permit now they come in a year from now when

1579
01:08:17,520 --> 01:08:19,159
their development is

1580
01:08:19,159 --> 01:08:22,199
done to pull a building permit to go build a house and they

1581
01:08:22,199 --> 01:08:23,960
have to have four

1582
01:08:23,960 --> 01:08:29,069
parking spaces that product cannot be built on that

1583
01:08:29,069 --> 01:08:30,319
developed lot that was

1584
01:08:30,319 --> 01:08:36,340
done under the old zoning I think this is part of the

1585
01:08:36,340 --> 01:08:37,560
overall best thing

1586
01:08:37,560 --> 01:08:40,649
conversation that we need to have with your attorney's

1587
01:08:40,649 --> 01:08:42,239
office as well what what

1588
01:08:42,239 --> 01:08:45,699
happens to those current types of situations I don't want

1589
01:08:45,699 --> 01:08:46,399
to spend all of

1590
01:08:46,399 --> 01:08:49,899
our time giving specific examples there a lot of other

1591
01:08:49,899 --> 01:08:50,880
people here with questions

1592
01:08:50,880 --> 01:08:53,699
I just want to throw a couple out that was the point of the

1593
01:08:53,699 --> 01:08:55,560
question and I

1594
01:08:55,560 --> 01:08:58,329
thought you gave a good answer but I won't make sure that

1595
01:08:58,329 --> 01:08:59,199
there's enough

1596
01:08:59,199 --> 01:09:03,189
detail and enough mechanisms to address very specific

1597
01:09:03,189 --> 01:09:04,840
questions that aren't

1598
01:09:04,840 --> 01:09:11,210
going to be 10% for car garage or for car parking to two is

1599
01:09:11,210 --> 01:09:14,239
50% so my question

1600
01:09:14,239 --> 01:09:18,239
is every time in the past I've been in didn't a long time

1601
01:09:18,239 --> 01:09:19,439
we've done major

1602
01:09:19,439 --> 01:09:22,470
changes like this I'm sure you guys will do a great job I'm

1603
01:09:22,470 --> 01:09:23,199
sure staff will do a

1604
01:09:23,199 --> 01:09:26,800
great job nobody can get everything those are two small

1605
01:09:26,800 --> 01:09:27,880
instances to throw

1606
01:09:27,880 --> 01:09:32,449
out that may be not in consideration I think there should

1607
01:09:32,449 --> 01:09:33,279
be some kind of a

1608
01:09:33,279 --> 01:09:37,270
mechanism when you run into those types of things that

1609
01:09:37,270 --> 01:09:39,119
somebody who started a

1610
01:09:39,119 --> 01:09:43,800
project under one set of criteria doesn't get caught up in

1611
01:09:43,800 --> 01:09:44,880
unintended

1612
01:09:44,880 --> 01:09:50,069
consequences of what otherwise is an embraced cleanup and

1613
01:09:50,069 --> 01:09:51,720
good change in our

1614
01:09:51,720 --> 01:09:56,289
zoning ordinance that they go to pull a building permit and

1615
01:09:56,289 --> 01:09:57,760
you can't build that

1616
01:09:57,760 --> 01:10:00,359
indent anymore and they go well we have a hundred lots

1617
01:10:00,359 --> 01:10:03,000
developed for one car

1618
01:10:03,000 --> 01:10:06,439
garages with one parking place and you got to have four now

1619
01:10:06,439 --> 01:10:08,039
my point in just

1620
01:10:08,039 --> 01:10:11,210
bringing it up I would like to see is just a throw on the

1621
01:10:11,210 --> 01:10:12,479
table there's some

1622
01:10:12,479 --> 01:10:17,210
sort of mechanism to aid in the transition that people

1623
01:10:17,210 --> 01:10:19,319
understand from

1624
01:10:19,319 --> 01:10:22,470
here on out there are not be any more those types of

1625
01:10:22,470 --> 01:10:24,520
products developed but

1626
01:10:24,520 --> 01:10:27,260
the ones that were already started or in play can go on

1627
01:10:27,260 --> 01:10:28,520
even if it's outside of

1628
01:10:28,520 --> 01:10:32,710
the time frame that you're talking about yeah I've got I

1629
01:10:32,710 --> 01:10:34,079
think there's two

1630
01:10:34,079 --> 01:10:36,539
responses to that one is inside the code and one is outside

1631
01:10:36,539 --> 01:10:37,760
the code inside the

1632
01:10:37,760 --> 01:10:41,090
code I think one of the things that will need to enhance is

1633
01:10:41,090 --> 01:10:42,479
those transitional

1634
01:10:42,479 --> 01:10:46,159
rules that Tarek talked about because one thing we often

1635
01:10:46,159 --> 01:10:47,279
talk about is if

1636
01:10:47,279 --> 01:10:50,510
you've got a staggered set of approvals where later appro

1637
01:10:50,510 --> 01:10:51,760
vals to correct early

1638
01:10:51,760 --> 01:10:55,810
approvals I think we need to be a little bit more detailed

1639
01:10:55,810 --> 01:10:57,399
in that section about

1640
01:10:57,399 --> 01:11:00,710
the fact that subsequent approvals if you've already got a

1641
01:11:00,710 --> 01:11:01,840
preliminary plot

1642
01:11:01,840 --> 01:11:04,300
that was approved under the old code your final plot then

1643
01:11:04,300 --> 01:11:04,960
doesn't have to

1644
01:11:04,960 --> 01:11:07,250
comply with the new code you know that just has to comply

1645
01:11:07,250 --> 01:11:08,239
with the prior rules

1646
01:11:08,239 --> 01:11:11,680
and the earlier approval of the preliminary plot so we can

1647
01:11:11,680 --> 01:11:12,119
we can

1648
01:11:12,119 --> 01:11:14,229
clarify some of those rules and talk with you more about

1649
01:11:14,229 --> 01:11:15,239
that I think the

1650
01:11:15,239 --> 01:11:18,739
outside the code answer though is more important and that

1651
01:11:18,739 --> 01:11:20,039
is that this needs to

1652
01:11:20,039 --> 01:11:23,189
be rolled out as part of a comprehensive education effort

1653
01:11:23,189 --> 01:11:24,000
and one of the things

1654
01:11:24,000 --> 01:11:26,819
that should be done is training programs for the

1655
01:11:26,819 --> 01:11:28,560
development community where you

1656
01:11:28,560 --> 01:11:32,390
talk about hey guys this is a new system and here's some of

1657
01:11:32,390 --> 01:11:33,159
the key differences

1658
01:11:33,159 --> 01:11:36,800
that you should be thinking about and here's the some good

1659
01:11:36,800 --> 01:11:37,880
examples of how

1660
01:11:37,880 --> 01:11:41,029
you will need to be developing differently and in the

1661
01:11:41,029 --> 01:11:42,279
future and here

1662
01:11:42,279 --> 01:11:44,199
are the specific rules that will apply during the

1663
01:11:44,199 --> 01:11:45,520
transition period those are

1664
01:11:45,520 --> 01:11:48,439
just kind of key things that we can talk with your staff

1665
01:11:48,439 --> 01:11:49,239
about kind of you know

1666
01:11:49,239 --> 01:11:52,920
programming in to a series of educational campaigns but it

1667
01:11:52,920 --> 01:11:53,520
's not an

1668
01:11:53,520 --> 01:11:56,439
on-off switch it's not just like all of a sudden you move

1669
01:11:56,439 --> 01:11:57,840
from BDC on day one to

1670
01:11:57,840 --> 01:12:01,520
DDC to on day two it's going to be a transition process and

1671
01:12:01,520 --> 01:12:01,880
there's going to

1672
01:12:01,880 --> 01:12:04,340
be an adoption date and there's going to be a lag time and

1673
01:12:04,340 --> 01:12:05,279
then there's going to

1674
01:12:05,279 --> 01:12:08,050
be an effective date and it's going to be up to the city to

1675
01:12:08,050 --> 01:12:08,800
use that time

1676
01:12:08,800 --> 01:12:12,100
effectively to have internal training sessions with staff

1677
01:12:12,100 --> 01:12:12,880
and external

1678
01:12:12,880 --> 01:12:15,590
training sessions with the public and to bring you all up

1679
01:12:15,590 --> 01:12:16,640
to speed and to make

1680
01:12:16,640 --> 01:12:20,060
sure everybody kind of understands how life changes so it's

1681
01:12:20,060 --> 01:12:21,960
not that's not a

1682
01:12:21,960 --> 01:12:24,510
small thing we recognize that but we've got experience kind

1683
01:12:24,510 --> 01:12:25,039
of helping

1684
01:12:25,039 --> 01:12:28,239
communities kind of program all those transition activities

1685
01:12:28,239 --> 01:12:29,119
it's a really good

1686
01:12:29,119 --> 01:12:31,800
point.

1687
01:12:34,239 --> 01:12:42,199
Other questions? All right great well I guess we will close

1688
01:12:42,199 --> 01:12:44,640
our presentation here

1689
01:12:44,640 --> 01:12:49,100
at 522 and then I guess there's going to be a for those

1690
01:12:49,100 --> 01:12:50,720
watching you will go

1691
01:12:50,720 --> 01:12:53,439
through your presentation again it starting at 6 in council

1692
01:12:53,439 --> 01:12:54,079
chambers and

1693
01:12:54,079 --> 01:12:58,670
that's open to the public. The public's invited to come

1694
01:12:58,670 --> 01:12:58,760
attend.

1695
01:13:21,720 --> 01:13:23,760
you

1696
01:13:50,840 --> 01:13:52,899
you

1697
01:14:21,720 --> 01:14:23,779
you

1698
01:14:51,720 --> 01:14:53,779
you

1699
01:15:20,920 --> 01:15:22,979
you

1700
01:15:50,720 --> 01:15:52,779
you

1701
01:16:21,720 --> 01:16:23,779
you

1702
01:16:50,720 --> 01:16:52,779
you