WEBVTT

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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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properties would be

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treated in the future. Not a lot of changes to those from

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your current DDC to

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the new but again clarifying what happens in those cases.

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Also transitioning from

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the prior regulations, your current DDC to the new proposed

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DDC. What happens if

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somebody submits an application under the current DDC? Do

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they have the

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option to be evaluated under the new DDC once adopted? And

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the answer is yes, they

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do. Also, how we, I think I mentioned how if something was

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a violation today in the

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current DDC, in the new DDC that would also be treated as a

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violation unless

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what we have drafted, what is adopted ends up bringing that

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property into

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compliance. So actually I'm gonna pause there. Are there

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any questions about the

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overall project overview, the process that we're using to

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bring this forward

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or just the general standards that first subchapter one

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before we dive into the

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procedures? I have a question. Commissioner Sanchez. When

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you, I guess

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when you're going through it, can we just interject if we

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have a question or do

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my, I had a couple of questions but I kind of wrote them

00:13:20.299 --> 00:13:21.399
down but I think you

00:13:21.399 --> 00:13:24.679
answered them later. How does this procedure gonna work?

00:13:24.679 --> 00:13:25.600
Well let me pause

00:13:25.600 --> 00:13:32.379
and ask for a clarification from staff. Is this being tele

00:13:32.379 --> 00:13:35.159
vised? Do the guys in

00:13:35.159 --> 00:13:37.850
the back need to know who's speaking or can we suspend the

00:13:37.850 --> 00:13:38.919
rules and do more of

00:13:38.919 --> 00:13:43.370
a free-for-all? I know that's the issue is who's making the

00:13:43.370 --> 00:13:44.080
comments for

00:13:44.080 --> 00:13:51.919
minutes. So question. I'll say that legally we probably

00:13:51.919 --> 00:13:52.879
ought to recognize

00:13:52.879 --> 00:14:00.799
speakers. Okay. Commissioner Sanchez. All right. Well I

00:14:00.799 --> 00:14:02.480
wanted to find out first if

00:14:02.480 --> 00:14:08.139
we could ask questions. When you were talking about state

00:14:08.139 --> 00:14:10.000
making compliance

00:14:10.000 --> 00:14:15.190
with it with the state, does that mean, I guess my question

00:14:15.190 --> 00:14:16.639
is if

00:14:16.639 --> 00:14:20.460
there's a developer and he comes and he comes to and asks

00:14:20.460 --> 00:14:21.639
he's gonna build

00:14:21.639 --> 00:14:25.860
something and he needs to know okay this is the city

00:14:25.860 --> 00:14:28.519
procedures, will he also be

00:14:28.519 --> 00:14:31.490
at that point told you also have to follow these state

00:14:31.490 --> 00:14:33.320
procedures so

00:14:33.320 --> 00:14:36.409
you're in compliance or does he have to go out to the state

00:14:36.409 --> 00:14:37.639
or some other agency

00:14:37.639 --> 00:14:42.820
to find out if there's other requirements? I understand

00:14:42.820 --> 00:14:43.200
your

00:14:43.200 --> 00:14:49.139
question. Most of the time where we have updated the DDC to

00:14:49.139 --> 00:14:50.360
align with state

00:14:50.360 --> 00:14:55.899
statutes, we just recite the same text required by state

00:14:55.899 --> 00:14:57.039
statute so we have

00:14:57.039 --> 00:15:00.460
fixed your current DDC to align with what the state statute

00:15:00.460 --> 00:15:01.559
says. There are

00:15:01.559 --> 00:15:06.059
however cross references provided in the document that say

00:15:06.059 --> 00:15:07.440
pursuant to state

00:15:07.440 --> 00:15:10.399
statute and we even give specific references to the local

00:15:10.399 --> 00:15:12.320
government code.

00:15:12.320 --> 00:15:15.779
Still in most cases the city is not going to tell you oh

00:15:15.779 --> 00:15:17.039
you better go read

00:15:17.039 --> 00:15:21.429
the state law. They're gonna know that your application has

00:15:21.429 --> 00:15:22.200
to rely on

00:15:22.200 --> 00:15:26.940
compliance with those state statutes in addition to what's

00:15:26.940 --> 00:15:30.080
in the DDC. So go ahead.

00:15:30.080 --> 00:15:35.129
If I might just maybe add a piece to that that ultimately

00:15:35.129 --> 00:15:36.399
the task or the

00:15:36.399 --> 00:15:40.629
charge part of the charge was to take our our development

00:15:40.629 --> 00:15:42.000
code and refine it

00:15:42.000 --> 00:15:45.080
to where it is we were consistent with state law and and

00:15:45.080 --> 00:15:46.440
that's the reference

00:15:46.440 --> 00:15:49.799
that he's speaking to. Whenever it is that a contractor is

00:15:49.799 --> 00:15:51.080
proposing to do

00:15:51.080 --> 00:15:54.070
something we're gonna answer every possible question that

00:15:54.070 --> 00:15:55.759
we can. There are

00:15:55.759 --> 00:15:59.200
elements i.e. if someone is doing work on a text dot right-

00:15:59.200 --> 00:16:00.480
of-way that they're

00:16:00.480 --> 00:16:03.909
gonna have to deal with that authority and work through

00:16:03.909 --> 00:16:04.799
text dot so there are

00:16:04.799 --> 00:16:07.399
gonna be times that someone's gonna have to deal with the

00:16:07.399 --> 00:16:08.360
state of Texas or the

00:16:08.360 --> 00:16:10.879
federal government on a project if it has to do with

00:16:10.879 --> 00:16:12.159
aviation but for the most

00:16:12.159 --> 00:16:16.009
part this document is gonna be consistent with state law

00:16:16.009 --> 00:16:16.639
with the

00:16:16.639 --> 00:16:19.629
exception of any nuances that council puts into it if that

00:16:19.629 --> 00:16:20.559
helps answer the

00:16:20.559 --> 00:16:23.320
question. Yeah I was just concerned about small builders

00:16:23.320 --> 00:16:26.279
you know and what they

00:16:26.279 --> 00:16:30.269
they might face if they have to deal with state regulations

00:16:30.269 --> 00:16:30.720
and not and not

00:16:30.720 --> 00:16:34.240
and they're not aware of it so that's I just want to make a

00:16:34.240 --> 00:16:35.120
comment on that. Well

00:16:35.120 --> 00:16:38.000
it it's a really good question and I'll talk later in the

00:16:38.000 --> 00:16:39.200
presentation about

00:16:39.200 --> 00:16:42.669
some of the improvements that we've made to the code in

00:16:42.669 --> 00:16:44.120
this draft to make it a

00:16:44.120 --> 00:16:48.309
lot easier especially for the smaller small town developer

00:16:48.309 --> 00:16:49.360
the folks the mom

00:16:49.360 --> 00:16:52.000
and pop developers who are not doing this all over the

00:16:52.000 --> 00:16:52.960
country or or even

00:16:52.960 --> 00:16:58.860
frequently in Denton. The main philosophy was let's make

00:16:58.860 --> 00:17:00.519
this easier on people

00:17:00.519 --> 00:17:06.890
where we can without giving away the farm for city benefits

00:17:06.890 --> 00:17:09.039
as well. Any other

00:17:09.039 --> 00:17:14.700
questions at this stage? Okay go the next. Okay so I

00:17:14.700 --> 00:17:17.000
promised fun now we'll get

00:17:17.000 --> 00:17:22.740
into it the administration and procedures. This the bullets

00:17:22.740 --> 00:17:23.440
you see here

00:17:23.440 --> 00:17:28.170
is the basic organization of this subchapter 2 so these are

00:17:28.170 --> 00:17:29.279
the sections

00:17:29.279 --> 00:17:33.099
within subchapter 2. We start with just a general purpose

00:17:33.099 --> 00:17:34.599
and organization here's

00:17:34.599 --> 00:17:37.779
how we laid out the subchapter and then we get into a

00:17:37.779 --> 00:17:39.000
summary table I'm gonna

00:17:39.000 --> 00:17:42.839
show you that table it's a very useful tool that we think

00:17:42.839 --> 00:17:43.920
provides a lot of

00:17:43.920 --> 00:17:48.519
clarity and then we'll get into some of these in more

00:17:48.519 --> 00:17:50.759
detail than others with

00:17:50.759 --> 00:17:54.039
good examples that we think will be interesting to you all.

00:17:54.039 --> 00:17:55.319
Let's start with

00:17:55.319 --> 00:17:58.240
the table so this is near the beginning of subchapter 2.

00:17:58.240 --> 00:18:00.680
This is a basic summary

00:18:00.680 --> 00:18:04.180
of all of the development application types that you might

00:18:04.180 --> 00:18:05.119
see before the

00:18:05.119 --> 00:18:08.819
Planning Commission, before staff, before City Council.

00:18:08.819 --> 00:18:10.240
Along the left hand side

00:18:10.240 --> 00:18:13.849
are those specific application types starting with site

00:18:13.849 --> 00:18:15.359
plan review. This is a

00:18:15.359 --> 00:18:17.990
great example where it's not very clear in your current

00:18:17.990 --> 00:18:19.640
regulations what the

00:18:19.640 --> 00:18:23.069
requirements are for site plan review. Most of those

00:18:23.069 --> 00:18:24.759
requirements in fact live

00:18:24.759 --> 00:18:28.589
outside of the DDC so you'd really have to be pretty savvy

00:18:28.589 --> 00:18:29.519
especially if you were

00:18:29.519 --> 00:18:32.210
an out-of-towner or a first-time developer to understand

00:18:32.210 --> 00:18:32.779
what those

00:18:32.779 --> 00:18:36.400
requirements are. We have developed a specific procedure

00:18:36.400 --> 00:18:37.960
for that and as you

00:18:37.960 --> 00:18:42.230
move across the page for each application type it shows you

00:18:42.230 --> 00:18:42.640
is a

00:18:42.640 --> 00:18:46.019
neighborhood meeting recommended for that application. Do

00:18:46.019 --> 00:18:47.119
we have to notice

00:18:47.119 --> 00:18:50.819
the public for this type of application? Do I have to sit

00:18:50.819 --> 00:18:51.880
down and have a

00:18:51.880 --> 00:18:55.029
pre-application conference with staff where we learn more

00:18:55.029 --> 00:18:56.160
about the procedures

00:18:56.160 --> 00:18:59.809
and then ultimately who is the decision-making body for

00:18:59.809 --> 00:19:00.680
that type so

00:19:00.680 --> 00:19:04.500
looking at site plan review. City staff there's a D in that

00:19:04.500 --> 00:19:05.640
cell they are the

00:19:05.640 --> 00:19:09.630
decision-making authority for that type of application and

00:19:09.630 --> 00:19:11.319
the R means review so

00:19:11.319 --> 00:19:14.279
your development advisory committee is going to review them

00:19:14.279 --> 00:19:15.420
. Staff makes the

00:19:15.420 --> 00:19:19.609
final decision. You'll see brackets and carrots here those

00:19:19.609 --> 00:19:20.279
having to refer to

00:19:20.279 --> 00:19:23.980
public meetings, public hearings that are required and the

00:19:23.980 --> 00:19:25.160
A's having to do with

00:19:25.160 --> 00:19:30.430
the appeal authority. So appeals a very important feature

00:19:30.430 --> 00:19:32.839
of this draft does not

00:19:32.839 --> 00:19:36.670
mean you just didn't like the decision that was made by the

00:19:36.670 --> 00:19:37.400
applicable

00:19:37.400 --> 00:19:41.039
decision-making body. It means there was an error in the

00:19:41.039 --> 00:19:42.200
application of the code.

00:19:42.200 --> 00:19:46.019
There was a mistake somewhere by that decision-making body

00:19:46.019 --> 00:19:46.720
and so we are

00:19:46.720 --> 00:19:50.309
appealing based on that decision and we've we've included

00:19:50.309 --> 00:19:51.640
those in this table.

00:19:51.640 --> 00:19:56.650
So a lot of information that was in lengthy paragraphs of

00:19:56.650 --> 00:19:57.480
text all

00:19:57.480 --> 00:20:00.910
summarized in this one table. This is half of it. The next

00:20:00.910 --> 00:20:01.799
half you'll see we

00:20:01.799 --> 00:20:04.619
have plan and DDC amendments things like amending the

00:20:04.619 --> 00:20:06.400
zoning map, rezoning the

00:20:06.400 --> 00:20:09.910
applications, amending the comprehensive plan so if you

00:20:09.910 --> 00:20:11.279
want to do a future land

00:20:11.279 --> 00:20:15.750
use designation revision there's a process for that as well

00:20:15.750 --> 00:20:17.140
. Flexibility and

00:20:17.140 --> 00:20:20.500
relief that's really the focus of this project. When we

00:20:20.500 --> 00:20:21.720
were hired to do this

00:20:21.720 --> 00:20:25.630
project we need to be more flexible where we can for infill

00:20:25.630 --> 00:20:26.839
and redevelopment a

00:20:26.839 --> 00:20:29.789
lot of the things that you'll probably see in Denton over

00:20:29.789 --> 00:20:31.680
the next 10, 15, 20

00:20:31.680 --> 00:20:35.920
years. We shouldn't have to ask for a variance or an

00:20:35.920 --> 00:20:37.279
alternative development

00:20:37.279 --> 00:20:40.019
plan every time we need a little bit of flexibility. So we

00:20:40.019 --> 00:20:41.240
've got some additional

00:20:41.240 --> 00:20:43.880
procedures here. We'll walk you through this new minor

00:20:43.880 --> 00:20:45.400
modification procedure in

00:20:45.400 --> 00:20:50.549
greater detail and we think that's one way to prevent so

00:20:50.549 --> 00:20:52.440
many negotiated

00:20:52.440 --> 00:20:55.900
developments here in Denton. So if you as a Planning

00:20:55.900 --> 00:20:57.880
Commission I know with module

00:20:57.880 --> 00:21:02.069
one we encouraged you all to spend a lot of time with the

00:21:02.069 --> 00:21:03.759
use table because that

00:21:03.759 --> 00:21:06.220
was our summary of what you can do with your property and

00:21:06.220 --> 00:21:07.039
where you could do

00:21:07.039 --> 00:21:10.200
that. This is a great table for the Planning Commission

00:21:10.200 --> 00:21:11.680
even after we leave

00:21:11.680 --> 00:21:15.670
to spend time at this table and say is this really the

00:21:15.670 --> 00:21:17.240
appropriate type of

00:21:17.240 --> 00:21:21.289
application to be heard by staff Planning Commission. This

00:21:21.289 --> 00:21:22.720
is a good use

00:21:22.720 --> 00:21:28.740
of your time to spend talking about. The next section is

00:21:28.740 --> 00:21:31.359
really just provides the

00:21:31.359 --> 00:21:35.240
overview of who the decision-making bodies are in the city.

00:21:35.240 --> 00:21:36.519
City Council,

00:21:36.519 --> 00:21:39.029
Planning and Zoning Commission, you know what you all do,

00:21:39.029 --> 00:21:40.079
you know your charge,

00:21:40.079 --> 00:21:43.759
what should the ZBA be doing, what is the the purview of

00:21:43.759 --> 00:21:45.160
the Historic Landmark

00:21:45.160 --> 00:21:48.539
Commission and in city staff as well. What is the Planning

00:21:48.539 --> 00:21:49.839
Director's job and

00:21:49.839 --> 00:21:53.740
what types of bylaws are there for all of these different

00:21:53.740 --> 00:21:55.240
approval bodies. The

00:21:55.240 --> 00:21:57.430
one I'll point out here is the Development Advisory

00:21:57.430 --> 00:21:58.440
Committee currently

00:21:58.440 --> 00:22:02.490
known as your Development Review Committee, the DRC. That

00:22:02.490 --> 00:22:03.559
has been somewhat

00:22:03.559 --> 00:22:07.390
of a vague process and we've heard a lot of inconsistent

00:22:07.390 --> 00:22:09.440
remarks about the DRC and

00:22:09.440 --> 00:22:12.720
whether or not that's been successful or unsuccessful but

00:22:12.720 --> 00:22:13.880
we did know that we

00:22:13.880 --> 00:22:17.299
needed to provide more clarity for who that body is, what

00:22:17.299 --> 00:22:18.680
is their role in

00:22:18.680 --> 00:22:22.130
reviewing development applications and so we have been more

00:22:22.130 --> 00:22:23.599
thorough about that

00:22:23.599 --> 00:22:30.710
with this draft DDC. Section 2.4, the common review

00:22:30.710 --> 00:22:33.000
procedures. This is a new

00:22:33.000 --> 00:22:37.079
concept in at least as far as the drafting goes for the DDC

00:22:37.079 --> 00:22:38.559
. Right now

00:22:38.559 --> 00:22:42.220
you've got lots of different types of application types

00:22:42.220 --> 00:22:43.400
spelled out from

00:22:43.400 --> 00:22:47.230
preliminary plats, final plats, development plats, not your

00:22:47.230 --> 00:22:48.039
site plan

00:22:48.039 --> 00:22:51.440
procedures but specific use permits and under each of those

00:22:51.440 --> 00:22:52.599
application types

00:22:52.599 --> 00:22:56.039
you describe the pre-application conference requirements.

00:22:56.039 --> 00:22:56.920
You describe

00:22:56.920 --> 00:23:00.349
noticing for the public hearings, you describe that

00:23:00.349 --> 00:23:03.460
decision-making process. We

00:23:03.460 --> 00:23:07.029
have taken all of those points that were really some

00:23:07.029 --> 00:23:09.039
variation of the same thing

00:23:09.039 --> 00:23:12.869
and we just say it once right up front in the common review

00:23:12.869 --> 00:23:14.039
procedures. Most of

00:23:14.039 --> 00:23:17.269
these application or most of these steps in the common

00:23:17.269 --> 00:23:19.660
review procedures apply to

00:23:19.660 --> 00:23:23.650
most application types in the city so we say it once and we

00:23:23.650 --> 00:23:25.079
've been pretty clear

00:23:25.079 --> 00:23:28.450
about what those steps should entail. This helps you keep

00:23:28.450 --> 00:23:29.920
the code shorter for

00:23:29.920 --> 00:23:34.009
one. It also prevents you from running into inconsistencies

00:23:34.009 --> 00:23:35.160
as you update the

00:23:35.160 --> 00:23:39.539
code over time so when you say it only one time and you

00:23:39.539 --> 00:23:40.559
make a revision you

00:23:40.559 --> 00:23:44.599
know you have captured that without creating a conflict. So

00:23:44.599 --> 00:23:46.240
quickly looking

00:23:46.240 --> 00:23:49.970
at this this table, the graphic at the bottom, this first

00:23:49.970 --> 00:23:51.160
step pre-application

00:23:51.160 --> 00:23:55.259
activities. What do I need to do before I even submit an

00:23:55.259 --> 00:23:56.640
application? I sit down

00:23:56.640 --> 00:24:00.059
with staff. What type of materials do I need to present to

00:24:00.059 --> 00:24:01.200
them to be ready for

00:24:01.200 --> 00:24:03.900
that meeting and what should I expect to happen at that

00:24:03.900 --> 00:24:05.160
meeting? That is all

00:24:05.160 --> 00:24:09.759
spelled out in step one. Step two, how do I submit my

00:24:09.759 --> 00:24:11.640
application and what types of

00:24:11.640 --> 00:24:14.789
rights do I get from submitting that application? How soon

00:24:14.789 --> 00:24:15.839
should I expect to

00:24:15.839 --> 00:24:20.039
hear back from the city and what is my next step in terms

00:24:20.039 --> 00:24:21.640
of review and

00:24:21.640 --> 00:24:25.940
evaluation? Step three, the staff review and action. For

00:24:25.940 --> 00:24:28.279
some project types, staff

00:24:28.279 --> 00:24:31.099
will be the review body and they will evaluate it and they

00:24:31.099 --> 00:24:31.880
will prepare a

00:24:31.880 --> 00:24:34.819
staff report and make a recommendation but they're not the

00:24:34.819 --> 00:24:35.640
final decision-making

00:24:35.640 --> 00:24:39.720
body. When it goes beyond staff to Planning and Zoning

00:24:39.720 --> 00:24:41.480
Commission or City

00:24:41.480 --> 00:24:45.299
Council, you go into steps four and five, sending out

00:24:45.299 --> 00:24:46.920
notice, scheduling public

00:24:46.920 --> 00:24:49.440
hearings. These are all laid out pretty clearly in the

00:24:49.440 --> 00:24:50.920
common review procedures

00:24:50.920 --> 00:24:54.940
and then finally step six, what happens after I get

00:24:54.940 --> 00:24:57.279
approval of a project? Does

00:24:57.279 --> 00:25:02.440
that application expire? Does my approval expire over time?

00:25:02.440 --> 00:25:03.319
Are there other things

00:25:03.319 --> 00:25:07.019
I need to do in terms of recording the document or what if

00:25:07.019 --> 00:25:08.640
I wanted to modify a

00:25:08.640 --> 00:25:14.299
site plan for example? That's all spelled out in that sixth

00:25:14.299 --> 00:25:16.640
step and this is

00:25:16.640 --> 00:25:21.549
important because now as we walk through those different

00:25:21.549 --> 00:25:22.839
categories of

00:25:22.839 --> 00:25:26.190
application types, development permits, subdivision, DDC

00:25:26.190 --> 00:25:27.880
amendments, flexibility

00:25:27.880 --> 00:25:32.319
and relief procedures, we refer back to that diagram and

00:25:32.319 --> 00:25:34.240
identify the steps that

00:25:34.240 --> 00:25:37.910
are required in relation to that specific application type.

00:25:37.910 --> 00:25:39.400
So let's start

00:25:39.400 --> 00:25:42.009
with the first category, development permits and procedures

00:25:42.009 --> 00:25:43.519
. These are site

00:25:43.519 --> 00:25:47.190
plans, specific use permits, temporary use permits, change

00:25:47.190 --> 00:25:48.400
of use permit which

00:25:48.400 --> 00:25:51.869
is new and I'll talk about what we are proposing there and

00:25:51.869 --> 00:25:52.759
then gas well

00:25:52.759 --> 00:25:55.819
development site plans which we are not touching by the way

00:25:55.819 --> 00:25:57.079
. We're not amending

00:25:57.079 --> 00:26:00.230
the gas well development procedures. We're carrying those

00:26:00.230 --> 00:26:02.920
forward as is. So

00:26:02.920 --> 00:26:05.789
starting with site plan, here's an example of how we relate

00:26:05.789 --> 00:26:06.440
back to the

00:26:06.440 --> 00:26:10.009
common review procedures. It was important to codify and

00:26:10.009 --> 00:26:10.880
simplify those

00:26:10.880 --> 00:26:14.039
procedures because most of it again lived outside of the

00:26:14.039 --> 00:26:16.160
current DDC and then

00:26:16.160 --> 00:26:19.700
clarify what if I want to make an amendment to a site plan?

00:26:19.700 --> 00:26:20.400
How do I go

00:26:20.400 --> 00:26:25.519
through that process? You'll see here that yes you need a

00:26:25.519 --> 00:26:26.319
pre-application

00:26:26.319 --> 00:26:29.170
conference. We give extra detail for each specific

00:26:29.170 --> 00:26:31.319
application type. You need that

00:26:31.319 --> 00:26:34.910
conference. You submit your application to the director. It

00:26:34.910 --> 00:26:37.920
's reviewed and decided on by the

00:26:37.920 --> 00:26:40.960
director. Steps four and five don't apply then. There is no

00:26:40.960 --> 00:26:42.759
public hearing aspect of

00:26:42.759 --> 00:26:46.269
that type of project but your site plan expires if you're

00:26:46.269 --> 00:26:47.200
not doing any

00:26:47.200 --> 00:26:51.029
activity on the site within two years of that approval. So

00:26:51.029 --> 00:26:53.079
that's one example.

00:26:53.079 --> 00:26:57.809
Now some changes that we proposed are the thresholds for

00:26:57.809 --> 00:26:59.519
site plan approval.

00:26:59.519 --> 00:27:03.710
When does this application type apply to me as a property

00:27:03.710 --> 00:27:05.559
owner? If you're doing

00:27:05.559 --> 00:27:09.390
new construction, site plan is always required. If you're

00:27:09.390 --> 00:27:10.880
reconstructing after

00:27:10.880 --> 00:27:14.029
you've demolished the building, well that's the same thing

00:27:14.029 --> 00:27:14.400
as new

00:27:14.400 --> 00:27:18.980
construction. If you're expanding existing residential or

00:27:18.980 --> 00:27:19.960
mixed-use or

00:27:19.960 --> 00:27:25.119
non-residential, 10 dwelling units or 10%, 2,000 square

00:27:25.119 --> 00:27:26.680
feet for mixed use or 10

00:27:26.680 --> 00:27:30.509
dwelling units or 10%, and then for non-residential

00:27:30.509 --> 00:27:32.279
expansion, 2,000 square

00:27:32.279 --> 00:27:37.230
feet or 20% of the total square footage. Commissioner Smith

00:27:37.230 --> 00:27:37.559
. Thank you Chair.

00:27:37.559 --> 00:27:41.390
Voluntary being the word up there. So take a natural

00:27:41.390 --> 00:27:43.200
disaster for example, like

00:27:43.200 --> 00:27:45.089
something on the square that happened out there and that

00:27:45.089 --> 00:27:45.799
might be different

00:27:45.799 --> 00:27:49.359
because it's a historical preservation overlay but we had a

00:27:49.359 --> 00:27:50.759
building that burned down there

00:27:50.759 --> 00:27:55.000
that completely destroyed it. What's the line drawn between

00:27:55.000 --> 00:27:55.839
voluntary and

00:27:55.839 --> 00:28:00.599
voluntary? What's the definition on that? That's a good

00:28:00.599 --> 00:28:01.720
question. This is not

00:28:01.720 --> 00:28:05.950
intended to apply to natural disaster or hazards caused

00:28:05.950 --> 00:28:06.960
that are not

00:28:06.960 --> 00:28:15.079
because of the applicant's intention. Thank you.

00:28:15.079 --> 00:28:20.130
So tornado, no that's not voluntary demolition. So these

00:28:20.130 --> 00:28:21.440
are new thresholds.

00:28:21.440 --> 00:28:24.910
Right now, if you don't meet these thresholds, you're

00:28:24.910 --> 00:28:25.559
expanding your

00:28:25.559 --> 00:28:29.380
existing residential building or mixed-use or non-resident

00:28:29.380 --> 00:28:30.359
ial building and

00:28:30.359 --> 00:28:33.400
it's under these thresholds, that doesn't mean you don't

00:28:33.400 --> 00:28:34.640
need a permit. It just

00:28:34.640 --> 00:28:37.099
means you go straight up for your building permit at that

00:28:37.099 --> 00:28:37.880
point. There's

00:28:37.880 --> 00:28:41.950
no need to have a specific process from the land use

00:28:41.950 --> 00:28:44.000
perspective. You just go

00:28:44.000 --> 00:28:47.500
pull your building permit. The building division will make

00:28:47.500 --> 00:28:48.079
sure that it

00:28:48.079 --> 00:28:52.599
complies with existing zoning regulations and that's how

00:28:52.599 --> 00:28:52.920
they work

00:28:52.920 --> 00:28:57.519
together with the Planning Department.

00:28:57.960 --> 00:29:01.950
Change of use permit, this is really a certificate of use

00:29:01.950 --> 00:29:02.880
or certificate of

00:29:02.880 --> 00:29:07.079
zoning compliance. This is a really important feature

00:29:07.079 --> 00:29:08.279
because a lot of

00:29:08.279 --> 00:29:12.269
problems with planning agencies and city staff is we don't

00:29:12.269 --> 00:29:13.559
know what's happening

00:29:13.559 --> 00:29:17.380
to buildings after we've approved it. When tenants change

00:29:17.380 --> 00:29:18.559
over, we're not

00:29:18.559 --> 00:29:21.599
always made aware of that process and so how do we know if

00:29:21.599 --> 00:29:22.640
they even comply with

00:29:22.640 --> 00:29:26.099
the code? This gives you the opportunity to apply a

00:29:26.099 --> 00:29:27.799
certificate of use change. So

00:29:27.799 --> 00:29:32.849
if somebody's moving in to a new building, does that new

00:29:32.849 --> 00:29:34.480
use comply with

00:29:34.480 --> 00:29:38.339
the zoning requirements? Let's say I'm changing from a

00:29:38.339 --> 00:29:39.920
light manufacturing use

00:29:39.920 --> 00:29:42.519
that doesn't require a lot of parking and all of a sudden

00:29:42.519 --> 00:29:43.480
you're putting in

00:29:43.480 --> 00:29:47.349
offices into a same building. Well that's gonna require a

00:29:47.349 --> 00:29:48.720
lot more parking and

00:29:48.720 --> 00:29:52.309
there are different features and impacts from that type of

00:29:52.309 --> 00:29:54.240
a building use that

00:29:54.240 --> 00:29:57.789
the city would be concerned with or at least want to make

00:29:57.789 --> 00:29:58.720
sure that any

00:29:58.720 --> 00:30:02.000
potential impacts are addressed. So this is something that

00:30:02.000 --> 00:30:05.279
has been proposed. A lot

00:30:05.279 --> 00:30:10.220
of times people who are looking for something to do on

00:30:10.220 --> 00:30:12.200
their property just

00:30:12.200 --> 00:30:15.730
need something in writing from city staff to say can you

00:30:15.730 --> 00:30:16.880
tell me by letter

00:30:16.880 --> 00:30:21.670
that my site is in conformance with the current DDC? This

00:30:21.670 --> 00:30:23.160
is another another way

00:30:23.160 --> 00:30:26.390
for city staff to engage in that type of a conversation and

00:30:26.390 --> 00:30:27.440
make it official

00:30:27.440 --> 00:30:35.430
through this application type. Subdivision procedures, not

00:30:35.430 --> 00:30:36.599
a lot to say

00:30:36.599 --> 00:30:41.549
on this other than we have carried forward a lot of your

00:30:41.549 --> 00:30:42.279
current standards

00:30:42.279 --> 00:30:45.650
on subdivisions, made it very clear what's required for

00:30:45.650 --> 00:30:47.079
each different type,

00:30:47.079 --> 00:30:51.700
who the ultimate decision-making bodies are, and again

00:30:51.700 --> 00:30:53.119
reflecting your

00:30:53.119 --> 00:30:56.740
mostly your current subdivision requirements but also

00:30:56.740 --> 00:30:57.880
addressing some

00:30:57.880 --> 00:31:03.000
of the current inconsistencies that you had with state law

00:31:03.000 --> 00:31:04.599
and then making sure

00:31:04.599 --> 00:31:08.299
that we defined who the ultimate decision-making authority

00:31:08.299 --> 00:31:10.839
is for those.

00:31:10.839 --> 00:31:15.109
The third category was plan and DDC amendments so amending

00:31:15.109 --> 00:31:16.079
the land use

00:31:16.079 --> 00:31:21.240
designation, amending the map, the zoning map. There's lots

00:31:21.240 --> 00:31:22.319
of ways to do that. We

00:31:22.319 --> 00:31:25.059
can amend it to a base zoning district which we talked

00:31:25.059 --> 00:31:26.319
about last time we were

00:31:26.319 --> 00:31:30.309
here. We can amend it to a PD, a planned development. Right

00:31:30.309 --> 00:31:31.759
now you have overlays

00:31:31.759 --> 00:31:34.319
and planned developments and base zoning districts. We

00:31:34.319 --> 00:31:36.319
think we've landed on a

00:31:36.319 --> 00:31:40.140
good lineup of zoning districts where you will see a lot

00:31:40.140 --> 00:31:41.480
less use of that tool

00:31:41.480 --> 00:31:45.170
and we've got a couple of slides on PDs later in the

00:31:45.170 --> 00:31:47.759
presentation. There's also

00:31:47.759 --> 00:31:50.430
just amending the text of the ordinance. What if I want to

00:31:50.430 --> 00:31:52.599
change the setback of

00:31:52.599 --> 00:31:56.150
one particular zoning district? That's a text amendment to

00:31:56.150 --> 00:31:57.119
the code and that can

00:31:57.119 --> 00:32:00.349
be brought forward by the Planning Commission or by the

00:32:00.349 --> 00:32:01.440
City Council but it

00:32:01.440 --> 00:32:05.660
is an amendment to the zoning code, the DDC. This also

00:32:05.660 --> 00:32:08.799
includes annexations, not a

00:32:08.799 --> 00:32:11.349
lot of changes there. Again, that's another good example

00:32:11.349 --> 00:32:11.880
where it's

00:32:11.880 --> 00:32:15.710
important to just align the DDC with the Texas local

00:32:15.710 --> 00:32:17.599
government code as it applies

00:32:17.599 --> 00:32:24.170
to annexation. So plan development. Here's our slide to get

00:32:24.170 --> 00:32:24.680
into a little

00:32:24.680 --> 00:32:28.240
more detail there. Currently you have a lot of tools to

00:32:28.240 --> 00:32:29.480
allow flexibility for

00:32:29.480 --> 00:32:34.710
those really big projects. Think Razor Ranch and these are

00:32:34.710 --> 00:32:35.519
big and they're

00:32:35.519 --> 00:32:38.410
different and you don't really have a zoning district that

00:32:38.410 --> 00:32:39.000
addresses

00:32:39.000 --> 00:32:43.440
something that big and complex with a lot of different uses

00:32:43.440 --> 00:32:44.720
and user types.

00:32:44.720 --> 00:32:48.569
But you call them master plan communities and sometimes you

00:32:48.569 --> 00:32:49.319
have a lot

00:32:49.319 --> 00:32:52.759
of individually negotiated overlay districts that, "Hey I

00:32:52.759 --> 00:32:53.799
want to rezone my

00:32:53.799 --> 00:32:56.950
property." "Fine we'll let you rezone." "Well I also want

00:32:56.950 --> 00:32:58.000
to change the setbacks

00:32:58.000 --> 00:33:01.440
and the building height." So you've applied over time a lot

00:33:01.440 --> 00:33:02.200
of layers of

00:33:02.200 --> 00:33:05.930
band-aids over individual properties. The problem there is

00:33:05.930 --> 00:33:07.200
that there are so many

00:33:07.200 --> 00:33:11.720
at this point it is very unclear to staff or to surrounding

00:33:11.720 --> 00:33:12.279
neighborhoods

00:33:12.279 --> 00:33:15.309
what's actually allowed on that property. What's allowed on

00:33:15.309 --> 00:33:16.759
my property? There's a

00:33:16.759 --> 00:33:20.809
lot of different codes or documents that you have to track

00:33:20.809 --> 00:33:21.880
down to really

00:33:21.880 --> 00:33:25.190
understand the entitlements of individual properties in

00:33:25.190 --> 00:33:27.279
Denton. We don't think you

00:33:27.279 --> 00:33:30.730
should get rid of the plan development tool. As good of a

00:33:30.730 --> 00:33:32.119
job as we can do

00:33:32.119 --> 00:33:35.960
coming up with zoning districts and quality standards,

00:33:35.960 --> 00:33:37.440
there's going to be

00:33:37.440 --> 00:33:40.210
somebody who comes in the door six months from now with a

00:33:40.210 --> 00:33:41.079
project that we

00:33:41.079 --> 00:33:45.789
didn't think of. With a new mix of uses with a new set of

00:33:45.789 --> 00:33:47.480
impacts that you need

00:33:47.480 --> 00:33:52.670
a little bit of flexibility. We have revised it to require

00:33:52.670 --> 00:33:53.559
you know really

00:33:53.559 --> 00:33:57.079
that you're demonstrating a public benefit to the city.

00:33:57.079 --> 00:33:58.680
Fine we understand

00:33:58.680 --> 00:34:02.119
that you have something different. It's worthy of amending

00:34:02.119 --> 00:34:03.200
the standards as

00:34:03.200 --> 00:34:07.279
drafted in the DDC, but you have to document to us what

00:34:07.279 --> 00:34:08.360
type of benefit is

00:34:08.360 --> 00:34:11.519
the city getting? Are there additional amenities that are

00:34:11.519 --> 00:34:13.519
provided? Is there an

00:34:13.519 --> 00:34:16.679
affordable housing component just as an example? What types

00:34:16.679 --> 00:34:17.519
of things are you

00:34:17.519 --> 00:34:21.539
doing that are above and beyond the requirement to offset

00:34:21.539 --> 00:34:22.280
the need to

00:34:22.280 --> 00:34:25.559
amend our standards? We all agreed we're good policy

00:34:25.559 --> 00:34:27.840
direction. So the goal

00:34:27.840 --> 00:34:33.539
with the new DDC was just to really rather than rely on PDs

00:34:33.539 --> 00:34:34.840
for these tools

00:34:34.840 --> 00:34:37.780
improve the quality standards which I know you haven't seen

00:34:37.780 --> 00:34:38.599
those yet. That's

00:34:38.599 --> 00:34:41.880
next month, but because there's a lot more flexible

00:34:41.880 --> 00:34:43.679
standards and parking is a

00:34:43.679 --> 00:34:47.519
good example of that right now. Minimum parking is also the

00:34:47.519 --> 00:34:48.360
maximum parking

00:34:48.360 --> 00:34:52.219
amount. That's not very flexible. So by offering a lot more

00:34:52.219 --> 00:34:53.440
options for flexible

00:34:53.440 --> 00:34:57.889
tools it is less likely in the future that people will need

00:34:57.889 --> 00:34:59.000
to negotiate

00:34:59.000 --> 00:35:03.980
individual developments or apply conditions on particular

00:35:03.980 --> 00:35:05.920
sites. So we've

00:35:05.920 --> 00:35:09.969
introduced a new PD district same as a rezoning, but there

00:35:09.969 --> 00:35:11.280
's a lot more detail

00:35:11.280 --> 00:35:14.440
that's required. You need to be able to demonstrate before

00:35:14.440 --> 00:35:15.239
you even submit an

00:35:15.239 --> 00:35:19.070
application what is your general concept from a bubble

00:35:19.070 --> 00:35:21.000
diagram schematic? What are

00:35:21.000 --> 00:35:23.869
you trying to do with the site? What is the phasing plan so

00:35:23.869 --> 00:35:25.400
that staff can have

00:35:25.400 --> 00:35:28.150
the ability to comment very early before you submit an

00:35:28.150 --> 00:35:30.239
application? It is a

00:35:30.239 --> 00:35:33.559
streamlined process so this can all happen a lot quicker,

00:35:33.559 --> 00:35:34.760
but again

00:35:34.760 --> 00:35:39.250
demonstrating that public benefit and not just offering PDs

00:35:39.250 --> 00:35:41.519
for everything. We

00:35:41.519 --> 00:35:45.599
have also proposed a site size requirement. Right now it's

00:35:45.599 --> 00:35:46.360
drafted at

00:35:46.360 --> 00:35:51.539
five acres to be able to apply for a rezoning to PD. We're

00:35:51.539 --> 00:35:52.679
not sure if that'll

00:35:52.679 --> 00:35:55.480
be the number that we end up with. We'd like your feedback

00:35:55.480 --> 00:35:56.519
on that at some point.

00:35:56.519 --> 00:36:00.030
There's a lot of infill opportunity in Denton and if some

00:36:00.030 --> 00:36:01.159
of the sites that

00:36:01.159 --> 00:36:04.510
would be that would need additional flexibility after you

00:36:04.510 --> 00:36:05.559
've spent enough

00:36:05.559 --> 00:36:09.380
time with the draft maybe that requirement is adjusted

00:36:09.380 --> 00:36:10.119
either up or

00:36:10.119 --> 00:36:14.139
down. Final point I'll make here is that your existing

00:36:14.139 --> 00:36:15.880
entitlements, what happens

00:36:15.880 --> 00:36:19.909
to PDs that were already approved? Those don't go away. The

00:36:19.909 --> 00:36:21.760
new DDC does not strip

00:36:21.760 --> 00:36:25.130
those owners rights of what was established in those plan

00:36:25.130 --> 00:36:26.559
developments so

00:36:26.559 --> 00:36:31.750
those will still remain intact. Further discussion required

00:36:31.750 --> 00:36:33.559
on how we better

00:36:33.559 --> 00:36:38.550
relate that to the current DDC. A lot of PDs they give you

00:36:38.550 --> 00:36:40.000
some of the standards

00:36:40.000 --> 00:36:42.670
they might say here's the uses that are allowed, here's the

00:36:42.670 --> 00:36:43.559
setbacks and height

00:36:43.559 --> 00:36:46.880
that's required but they don't talk about parking. Well so

00:36:46.880 --> 00:36:48.280
if it's silent on

00:36:48.280 --> 00:36:52.579
that PD we're gonna be very clear that that would probably

00:36:52.579 --> 00:36:54.679
apply the new DDC

00:36:54.679 --> 00:37:00.340
standards but we need to flesh that out with our module

00:37:00.340 --> 00:37:04.880
three. The final category

00:37:04.880 --> 00:37:08.320
of procedure types is flexibility and relief again one of

00:37:08.320 --> 00:37:09.760
the major focuses of

00:37:09.760 --> 00:37:13.599
this project. Your variance applications not a lot of

00:37:13.599 --> 00:37:14.599
changes there these are

00:37:14.599 --> 00:37:18.250
based on hardships things that were not really caused by

00:37:18.250 --> 00:37:19.480
the applicant. You've

00:37:19.480 --> 00:37:23.130
got a specific feature of the site that's really different

00:37:23.130 --> 00:37:23.840
from other

00:37:23.840 --> 00:37:28.159
similar sized properties where you need a variance for it

00:37:28.159 --> 00:37:29.519
to mitigate a certain

00:37:29.519 --> 00:37:33.719
condition. This new tool a minor modification this is an

00:37:33.719 --> 00:37:34.440
administrative

00:37:34.440 --> 00:37:39.619
tool mostly an administrative tool where in a site plan as

00:37:39.619 --> 00:37:41.440
an example if I just

00:37:41.440 --> 00:37:45.079
need a little flexibility to adjust the setback or to

00:37:45.079 --> 00:37:46.559
adjust the required

00:37:46.559 --> 00:37:50.900
parking you now have that as a tool in your toolkit to say

00:37:50.900 --> 00:37:52.199
yeah that makes

00:37:52.199 --> 00:37:55.280
sense there's an added benefit to the city or this is

00:37:55.280 --> 00:37:56.280
really a necessary

00:37:56.280 --> 00:38:00.599
change to comply with all of the other standards in the DDC

00:38:00.599 --> 00:38:01.960
director has the

00:38:01.960 --> 00:38:06.579
authority to to apply those. Now it's not limited to just

00:38:06.579 --> 00:38:08.119
the director if you were

00:38:08.119 --> 00:38:12.300
going for a specific use permit for example that requires a

00:38:12.300 --> 00:38:13.159
public hearing

00:38:13.159 --> 00:38:16.800
and so at that public hearing that same decision-making

00:38:16.800 --> 00:38:18.400
body would also make the

00:38:18.400 --> 00:38:25.320
decision on a minor modification in that case. I'll go into

00:38:25.320 --> 00:38:26.480
more detail on that

00:38:26.480 --> 00:38:29.820
one we've got appeals of administrative decisions any

00:38:29.820 --> 00:38:31.400
decision that is made at

00:38:31.400 --> 00:38:36.110
the staff level whether it's a interpretation of use or

00:38:36.110 --> 00:38:36.920
classification

00:38:36.920 --> 00:38:40.750
of a use that is not currently listed in your code up to

00:38:40.750 --> 00:38:42.639
approval or denial of a

00:38:42.639 --> 00:38:45.440
site plan application anything made at the staff level

00:38:45.440 --> 00:38:48.159
those can be appealed to

00:38:48.159 --> 00:38:51.610
the ZBA and so we've spelled out a procedure for that and

00:38:51.610 --> 00:38:52.400
then the

00:38:52.400 --> 00:38:55.360
alternative ESA plan this is a separate process right now

00:38:55.360 --> 00:38:56.480
that's been going on

00:38:56.480 --> 00:39:00.369
you all are aware that this is underway as soon as that is

00:39:00.369 --> 00:39:01.639
ready for public

00:39:01.639 --> 00:39:04.800
distribution that is something that will ultimately be

00:39:04.800 --> 00:39:07.159
folded into the DDC but

00:39:07.159 --> 00:39:10.349
Clarion is involved in reviewing those drafts and we just

00:39:10.349 --> 00:39:11.440
want to make sure that

00:39:11.440 --> 00:39:15.269
it is aligned and consistent with all of the other

00:39:15.269 --> 00:39:16.599
development quality standards

00:39:16.599 --> 00:39:20.840
that are also underway but that you will likely not see

00:39:20.840 --> 00:39:21.920
that portion in the next

00:39:21.920 --> 00:39:26.650
draft and will come later this spring with the consolidated

00:39:26.650 --> 00:39:28.480
draft more detail

00:39:28.480 --> 00:39:31.639
on the minor modifications right now there are a lot of

00:39:31.639 --> 00:39:32.840
applications that

00:39:32.840 --> 00:39:35.920
require this alternative development plan which has to be

00:39:35.920 --> 00:39:37.440
negotiated I want

00:39:37.440 --> 00:39:39.989
to adjust the parking I want to move the dumpster to a

00:39:39.989 --> 00:39:41.800
different location I want

00:39:41.800 --> 00:39:45.420
to do something different with my building design this

00:39:45.420 --> 00:39:46.480
allows a much

00:39:46.480 --> 00:39:50.679
simpler procedure for making those decisions but not all

00:39:50.679 --> 00:39:51.880
things could be

00:39:51.880 --> 00:39:55.300
adjusted using this new procedure and we've listed those

00:39:55.300 --> 00:39:56.280
below you can't

00:39:56.280 --> 00:39:59.980
change the density or the use of a project that would not

00:39:59.980 --> 00:40:01.079
be an appropriate

00:40:01.079 --> 00:40:05.079
administrative tool you can't deviate from use specific

00:40:05.079 --> 00:40:06.559
standards things that

00:40:06.559 --> 00:40:10.239
are really established to protect neighborhoods or specific

00:40:10.239 --> 00:40:10.840
environmental

00:40:10.840 --> 00:40:14.829
features and you can't use it to get out of or modify

00:40:14.829 --> 00:40:16.460
public improvements that

00:40:16.460 --> 00:40:20.639
are required with with a new development we put this into a

00:40:20.639 --> 00:40:22.760
table we like tables

00:40:22.760 --> 00:40:26.489
I think that's obvious at this point we hope you do too a

00:40:26.489 --> 00:40:28.000
lot of things you can

00:40:28.000 --> 00:40:31.150
do with this minor modification tool adjusting the lot area

00:40:31.150 --> 00:40:32.079
and lot coverage

00:40:32.079 --> 00:40:36.480
that might apply at the subdivision stage of development

00:40:36.480 --> 00:40:37.840
setbacks and

00:40:37.840 --> 00:40:41.340
building standards like height and minimum unit sizes

00:40:41.340 --> 00:40:42.599
number of required

00:40:42.599 --> 00:40:46.099
parking spaces the amount of minimum landscaping required

00:40:46.099 --> 00:40:47.039
you want to have

00:40:47.039 --> 00:40:50.880
that flexibility especially for infill properties

00:40:50.880 --> 00:40:52.239
especially for really

00:40:52.239 --> 00:40:55.710
challenging sites throughout the city Commissioner Roseau

00:40:55.710 --> 00:40:57.119
thank you chair we

00:40:57.119 --> 00:41:00.400
talked briefly about this this morning but I wanted to ask

00:41:00.400 --> 00:41:02.079
a follow-up question

00:41:02.079 --> 00:41:06.880
how what's the organic process to nail down those numbers

00:41:06.880 --> 00:41:07.559
are we looking at

00:41:07.559 --> 00:41:11.230
like past cases and seeing like on an aggregate people are

00:41:11.230 --> 00:41:12.000
asking for

00:41:12.000 --> 00:41:16.000
variances of 10% that seem that those all pass but when we

00:41:16.000 --> 00:41:16.719
get into a variance

00:41:16.719 --> 00:41:20.659
of 20% then we get some pushback or how how's the best way

00:41:20.659 --> 00:41:21.679
to instead of just

00:41:21.679 --> 00:41:25.880
like it feels right how how can this Commission and others

00:41:25.880 --> 00:41:27.440
know how to really

00:41:27.440 --> 00:41:30.989
get down to where those numbers need to be finalized I'll

00:41:30.989 --> 00:41:32.380
give you a multi

00:41:32.380 --> 00:41:38.280
pronged response one is I think looking at past cases of

00:41:38.280 --> 00:41:39.519
how things were

00:41:39.519 --> 00:41:43.960
adjusted either through the ADP or through you know waivers

00:41:43.960 --> 00:41:44.840
or negotiated

00:41:44.840 --> 00:41:48.570
development or through variances those are all based on

00:41:48.570 --> 00:41:50.519
your current DDC so

00:41:50.519 --> 00:41:53.389
it's kind of comparing apples to oranges so I would not

00:41:53.389 --> 00:41:54.519
recommend that we just

00:41:54.519 --> 00:41:57.360
look at those past applications say all right that's

00:41:57.360 --> 00:41:58.800
basically how much they had

00:41:58.800 --> 00:42:01.849
to vary we need to base it on the new standards that are

00:42:01.849 --> 00:42:02.760
being presented and

00:42:02.760 --> 00:42:06.460
again because they're a lot more flexible landscaping based

00:42:06.460 --> 00:42:07.039
on point

00:42:07.039 --> 00:42:11.590
system now new parking systems that get away from that min-

00:42:11.590 --> 00:42:13.639
max approach they're

00:42:13.639 --> 00:42:18.760
more flexible in nature so part of it has to be relying on

00:42:18.760 --> 00:42:19.639
a starting point

00:42:19.639 --> 00:42:22.739
for discussion and that's what we've proposed here it's not

00:42:22.739 --> 00:42:23.840
a science to it

00:42:23.840 --> 00:42:28.599
quite honestly it's more of an art and we need to think

00:42:28.599 --> 00:42:30.280
about all right 10% is

00:42:30.280 --> 00:42:34.099
fairly modest fairly conservative if you think that you'd

00:42:34.099 --> 00:42:34.480
like more

00:42:34.480 --> 00:42:37.289
flexibility if you as you're reading the development

00:42:37.289 --> 00:42:38.760
standards in module 3 and

00:42:38.760 --> 00:42:41.909
you think boy that might not work for a lot of my projects

00:42:41.909 --> 00:42:43.079
then we might need to

00:42:43.079 --> 00:42:47.400
either raise or reduce these percentages a lot of getting

00:42:47.400 --> 00:42:49.119
these right is going to

00:42:49.119 --> 00:42:53.820
come after you've adopted the code quite honestly a year or

00:42:53.820 --> 00:42:56.599
two from now Scott

00:42:56.599 --> 00:43:00.849
and his team need to be very cautious and judicious about

00:43:00.849 --> 00:43:01.840
how this tool is

00:43:01.840 --> 00:43:05.880
used it should not just be the new norm that you're always

00:43:05.880 --> 00:43:07.880
10% doesn't mean your

00:43:07.880 --> 00:43:11.699
setback is always 10% less than what the code says you need

00:43:11.699 --> 00:43:13.440
to see what types of

00:43:13.440 --> 00:43:16.789
conditions really warrant the use of this tool and if you

00:43:16.789 --> 00:43:17.880
always need more

00:43:17.880 --> 00:43:20.840
flexibility and you're not able to get there using this

00:43:20.840 --> 00:43:22.159
minor mod then maybe

00:43:22.159 --> 00:43:26.150
you adjust that through a future code amendment I hope that

00:43:26.150 --> 00:43:28.000
was helpful but a

00:43:28.000 --> 00:43:30.840
lot of it is just having discussions between now and

00:43:30.840 --> 00:43:32.199
adoption but then post

00:43:32.199 --> 00:43:46.159
adoption as well okay so that's really the highlights some

00:43:46.159 --> 00:43:46.599
of the things that

00:43:46.599 --> 00:43:49.909
we thought were some of the biggest most interesting

00:43:49.909 --> 00:43:51.079
changes from your your

00:43:51.079 --> 00:43:54.909
current DDC to what has been proposed I want to focus a

00:43:54.909 --> 00:43:56.480
little bit on what's

00:43:56.480 --> 00:44:02.260
happening next in terms of process yesterday already

00:44:02.260 --> 00:44:03.960
happened so that's

00:44:03.960 --> 00:44:07.239
done today is mostly done and that's what we're going to be

00:44:07.239 --> 00:44:07.920
up to we met with

00:44:07.920 --> 00:44:11.030
several members of City Council and the Planning Commission

00:44:11.030 --> 00:44:11.920
this morning had

00:44:11.920 --> 00:44:16.980
very thoughtful feedback that advisory committee is really

00:44:16.980 --> 00:44:17.920
going to be helpful

00:44:17.920 --> 00:44:20.530
over the next six to eight weeks they're going to be

00:44:20.530 --> 00:44:23.159
spending a lot of time going

00:44:23.159 --> 00:44:28.019
through maybe not line by line but topic by topic making

00:44:28.019 --> 00:44:29.039
sure that we've covered

00:44:29.039 --> 00:44:32.269
the basis making sure that we're following appropriate

00:44:32.269 --> 00:44:33.400
policy guidance so

00:44:33.400 --> 00:44:36.219
that by the time it gets to the adoption phase a lot of the

00:44:36.219 --> 00:44:37.239
bigger issues have

00:44:37.239 --> 00:44:41.329
been vetted the other important thing and Margie and Andrew

00:44:41.329 --> 00:44:42.519
and Larry sit on

00:44:42.519 --> 00:44:45.670
that committee is reporting back to you all the Planning

00:44:45.670 --> 00:44:46.760
Commission as a whole

00:44:46.760 --> 00:44:50.239
say here's what we talked about what do you all think and

00:44:50.239 --> 00:44:51.000
then bringing that

00:44:51.000 --> 00:44:53.840
feedback back to the committee so we've got that going on

00:44:53.840 --> 00:44:54.599
in the background

00:44:54.599 --> 00:44:58.139
staff is going to be working with them a lot over the next

00:44:58.139 --> 00:44:59.800
six weeks additional

00:44:59.800 --> 00:45:03.630
stakeholder meetings today we met with the DCDA over at the

00:45:03.630 --> 00:45:05.079
chamber heard a lot

00:45:05.079 --> 00:45:09.269
of feedback about you know actually mostly open arms about

00:45:09.269 --> 00:45:10.119
this new process

00:45:10.119 --> 00:45:14.349
they were excited to hear that we're streamlining I think

00:45:14.349 --> 00:45:15.280
it means different

00:45:15.280 --> 00:45:18.320
things to different people but generally have been pleased

00:45:18.320 --> 00:45:18.960
with some of the

00:45:18.960 --> 00:45:21.489
direction that the city has been going under over the past

00:45:21.489 --> 00:45:22.440
couple of months and

00:45:22.440 --> 00:45:27.469
what's to come out of this tonight we've got the open house

00:45:27.469 --> 00:45:28.360
not sure what to

00:45:28.360 --> 00:45:31.170
expect hopefully a good turnout given the weather but

00:45:31.170 --> 00:45:32.840
typically we do get a

00:45:32.840 --> 00:45:35.989
lot of people that show up and give us their their feedback

00:45:35.989 --> 00:45:36.840
on not only the

00:45:36.840 --> 00:45:40.469
process but what they'd like to see out of the procedures

00:45:40.469 --> 00:45:41.840
and the districts and

00:45:41.840 --> 00:45:47.239
uses I mentioned that the next part is the quality

00:45:47.239 --> 00:45:48.519
standards a lot of people

00:45:48.519 --> 00:45:50.980
find that to be the most interesting part of the code

00:45:50.980 --> 00:45:52.039
because we're talking

00:45:52.039 --> 00:45:55.579
about things that they can picture in their heads trees and

00:45:55.579 --> 00:45:56.840
landscaping and

00:45:56.840 --> 00:46:01.570
parking we'll be back on the 17th and 18th that'll be Jim

00:46:01.570 --> 00:46:03.039
and myself we'll be

00:46:03.039 --> 00:46:06.269
here to run through basically the same set of meetings that

00:46:06.269 --> 00:46:07.000
you see here

00:46:07.000 --> 00:46:10.480
another opportunity for you all to comment hopefully you'll

00:46:10.480 --> 00:46:11.039
have a chance

00:46:11.039 --> 00:46:15.070
to review the draft a little bit in advance before those

00:46:15.070 --> 00:46:16.280
meetings but we

00:46:16.280 --> 00:46:18.500
will be back to talk about those and then you'll have a

00:46:18.500 --> 00:46:19.519
better picture of how

00:46:19.519 --> 00:46:26.000
these three pieces relate to each other a big component of

00:46:26.000 --> 00:46:28.480
adopting a new DDC

00:46:28.480 --> 00:46:32.389
especially a new set of zoning districts as well how do we

00:46:32.389 --> 00:46:33.920
map this right now

00:46:33.920 --> 00:46:36.960
you've got 28 zoning districts on the books well we're

00:46:36.960 --> 00:46:38.199
going we're proposing

00:46:38.199 --> 00:46:41.690
to get that down to 14 zoning districts so there's a

00:46:41.690 --> 00:46:43.079
mapping component there

00:46:43.079 --> 00:46:46.900
that's required how do we convert zoning districts as we

00:46:46.900 --> 00:46:47.360
have proposed

00:46:47.360 --> 00:46:50.750
consolidations of some of those NR districts and our

00:46:50.750 --> 00:46:52.119
districts and other

00:46:52.119 --> 00:46:55.400
districts we've created new mixed-use districts well how do

00:46:55.400 --> 00:46:56.599
those apply to the

00:46:56.599 --> 00:47:01.130
map cities have lots of different ways of handling this

00:47:01.130 --> 00:47:02.760
process oftentimes

00:47:02.760 --> 00:47:07.030
they will just take a very light touch and say yeah we're

00:47:07.030 --> 00:47:08.599
just going to do the

00:47:08.599 --> 00:47:12.090
conversions right now from renaming one district to

00:47:12.090 --> 00:47:14.079
something else other

00:47:14.079 --> 00:47:17.699
communities really use this as an open door opportunity to

00:47:17.699 --> 00:47:18.800
say let's fix all

00:47:18.800 --> 00:47:21.949
the problems that we know exist out there let's open the

00:47:21.949 --> 00:47:23.079
door to property

00:47:23.079 --> 00:47:26.400
owners and say what do we think your zoning should actually

00:47:26.400 --> 00:47:27.280
be this what do

00:47:27.280 --> 00:47:29.750
you think let's let's really have that dialogue and make

00:47:29.750 --> 00:47:30.440
sure if we're going to

00:47:30.440 --> 00:47:34.429
go through this process of updating the map that we get it

00:47:34.429 --> 00:47:36.760
right I will tell you

00:47:36.760 --> 00:47:39.429
that most cities land somewhere in the middle and we think

00:47:39.429 --> 00:47:40.480
that's where Denton

00:47:40.480 --> 00:47:43.230
will land as well you want to take a relatively

00:47:43.230 --> 00:47:44.760
conservative approach and

00:47:44.760 --> 00:47:47.460
make sure that we've captured the new lineup of zoning

00:47:47.460 --> 00:47:48.639
districts to align with

00:47:48.639 --> 00:47:52.719
your future land use plan but also fix some of the issues

00:47:52.719 --> 00:47:53.480
one that's been

00:47:53.480 --> 00:47:56.309
brought up repeatedly over the past couple of days is a

00:47:56.309 --> 00:47:57.440
property that zoned

00:47:57.440 --> 00:48:00.469
for residential but there are so many gas wells there that

00:48:00.469 --> 00:48:01.519
you really can't do

00:48:01.519 --> 00:48:05.349
residential uses there so it probably should be zoned

00:48:05.349 --> 00:48:07.000
something else so that

00:48:07.000 --> 00:48:11.369
it's not really misclassified and I think there are several

00:48:11.369 --> 00:48:12.280
of those within

00:48:12.280 --> 00:48:15.079
the community staff has taken the first crack they have

00:48:15.079 --> 00:48:16.400
developed a draft

00:48:16.400 --> 00:48:21.150
methodology for how these conversions will take place and

00:48:21.150 --> 00:48:22.679
we have been working

00:48:22.679 --> 00:48:26.860
with them on that as well they are going to roll out a new

00:48:26.860 --> 00:48:29.400
map starting in late

00:48:29.400 --> 00:48:33.230
April and going through May to take this out to the

00:48:33.230 --> 00:48:35.320
community to really open it

00:48:35.320 --> 00:48:38.900
up hey we're telling you here's your current zoning on your

00:48:38.900 --> 00:48:39.840
property we have

00:48:39.840 --> 00:48:43.179
proposed a new zoning district and in some cases it might

00:48:43.179 --> 00:48:44.360
be more flexible I

00:48:44.360 --> 00:48:48.210
would I would guess that in most cases this will create it

00:48:48.210 --> 00:48:49.400
will really open

00:48:49.400 --> 00:48:53.230
doors for things to happen on properties rather than

00:48:53.230 --> 00:48:55.400
restrict them but that

00:48:55.400 --> 00:48:58.630
conversation needs to be had they have prepared comment

00:48:58.630 --> 00:48:59.559
cards it would be

00:48:59.559 --> 00:49:03.739
shipped out to every property owner and allow that

00:49:03.739 --> 00:49:06.000
conversation to take place

00:49:06.000 --> 00:49:09.940
and they might also be considering an opportunity to come

00:49:09.940 --> 00:49:11.239
in and if somebody

00:49:11.239 --> 00:49:15.260
wants to rezone their property rather than requiring a rez

00:49:15.260 --> 00:49:16.480
oning application

00:49:16.480 --> 00:49:21.760
that is usually fairly lengthy and tedious that might be

00:49:21.760 --> 00:49:23.039
able to be rolled

00:49:23.039 --> 00:49:28.159
into this zoning map change with the overall DDC update so

00:49:28.159 --> 00:49:28.880
a lot of

00:49:28.880 --> 00:49:32.550
discussions still yet to be had on this issue but you can

00:49:32.550 --> 00:49:33.280
see these these

00:49:33.280 --> 00:49:35.739
meetings are coming up quickly and they're going to take it

00:49:35.739 --> 00:49:36.320
around to all

00:49:36.320 --> 00:49:39.969
of the respective council districts as well we hope you all

00:49:39.969 --> 00:49:41.360
have a chance to

00:49:41.360 --> 00:49:44.590
take part in those mapping discussions I think it's really

00:49:44.590 --> 00:49:46.199
important not only for

00:49:46.199 --> 00:49:49.690
your personal property that you may may own in the city but

00:49:49.690 --> 00:49:51.000
your constituents as

00:49:51.000 --> 00:49:53.239
well

00:49:57.400 --> 00:49:59.360
this is kind of a rehashing of what we've already told you

00:49:59.360 --> 00:50:01.159
so I won't spend

00:50:01.159 --> 00:50:05.610
time there spend some time on the Denton code 2030 comm

00:50:05.610 --> 00:50:07.320
website if you're looking

00:50:07.320 --> 00:50:09.989
for a document that has been released to the public you

00:50:09.989 --> 00:50:11.039
should find it there

00:50:11.039 --> 00:50:15.250
staff has been very good about maintaining that website so

00:50:15.250 --> 00:50:16.039
that's where

00:50:16.039 --> 00:50:18.949
you can look for any future it's kind of the project home

00:50:18.949 --> 00:50:19.840
base for everything

00:50:19.840 --> 00:50:24.239
that we're doing and that is the presentation I know a lot

00:50:24.239 --> 00:50:25.320
of talking to

00:50:25.320 --> 00:50:29.519
you so now we get to open it up for conversation

00:50:29.519 --> 00:50:31.000
Commissioner Smith thank

00:50:31.000 --> 00:50:33.309
you chair you're riffing so well I don't want to interrupt

00:50:33.309 --> 00:50:35.559
you earlier we were

00:50:35.559 --> 00:50:40.519
talking about PD's you've mentioned that you know right now

00:50:40.519 --> 00:50:41.239
our current code is

00:50:41.239 --> 00:50:46.769
five acres you said that to a certain degree lessening that

00:50:46.769 --> 00:50:48.159
can be be

00:50:48.159 --> 00:50:52.909
beneficial last more flexible how much less because though

00:50:52.909 --> 00:50:53.920
and there you're

00:50:53.920 --> 00:50:56.059
right there's a lot of infill in the area that we need but

00:50:56.059 --> 00:50:56.840
we don't want to

00:50:56.840 --> 00:50:59.659
make it to where every single you know new subdivision that

00:50:59.659 --> 00:51:00.659
comes in here wants

00:51:00.659 --> 00:51:03.389
to develop you know then I even really I wouldn't call a

00:51:03.389 --> 00:51:04.559
subdivision every little

00:51:04.559 --> 00:51:06.849
new neighborhood that wants to come and develop a two or

00:51:06.849 --> 00:51:07.679
three acre tract of

00:51:07.679 --> 00:51:11.619
land basically build its own zoning handbook at that point

00:51:11.619 --> 00:51:12.119
in time does that

00:51:12.119 --> 00:51:15.349
make sense so yeah it does what what what what level of

00:51:15.349 --> 00:51:16.480
minimum do you expect

00:51:16.480 --> 00:51:19.369
if we don't have a solid number right now what level of

00:51:19.369 --> 00:51:20.360
minimum do you would

00:51:20.360 --> 00:51:22.820
you would you recommend or would you see I'm not I'm not

00:51:22.820 --> 00:51:23.639
certain I wouldn't

00:51:23.639 --> 00:51:26.480
venture into a specific number have you seen other

00:51:26.480 --> 00:51:27.559
communities do this is a

00:51:27.559 --> 00:51:31.550
starting point I think we'll have to see what comes through

00:51:31.550 --> 00:51:32.460
the comments on the

00:51:32.460 --> 00:51:35.230
third and final module quite honestly okay that's gonna

00:51:35.230 --> 00:51:35.920
give us a better

00:51:35.920 --> 00:51:39.550
roadmap for adjusting that PD number if it looks like

00:51:39.550 --> 00:51:41.119
people are generally

00:51:41.119 --> 00:51:44.349
satisfied with the proposed parking and landscaping and

00:51:44.349 --> 00:51:45.599
building design then

00:51:45.599 --> 00:51:50.599
there's probably going to be less use of the PD tool at all

00:51:50.599 --> 00:51:51.960
if it seems like we

00:51:51.960 --> 00:51:54.070
were getting a lot of comments and boy I've got a parcel

00:51:54.070 --> 00:51:55.039
that's really unique

00:51:55.039 --> 00:51:57.679
it wouldn't meet any of these standards and there's a lot

00:51:57.679 --> 00:51:58.960
of the two to three

00:51:58.960 --> 00:52:01.250
acre folks out there they're gonna have problems with those

00:52:01.250 --> 00:52:02.639
standards maybe we

00:52:02.639 --> 00:52:05.980
would cut that back a little bit five acres may be where

00:52:05.980 --> 00:52:07.679
you stay we just

00:52:07.679 --> 00:52:10.909
don't know until we have fully vetted the code the same

00:52:10.909 --> 00:52:11.739
thing goes with the

00:52:11.739 --> 00:52:15.219
zoning map we're gonna make adjustments to the use table we

00:52:15.219 --> 00:52:16.159
're gonna make

00:52:16.159 --> 00:52:19.980
adjustments to the lineup of zoning districts but when the

00:52:19.980 --> 00:52:21.079
map is released

00:52:21.079 --> 00:52:24.239
for public consumption that's when you really start getting

00:52:24.239 --> 00:52:25.159
feedback from the

00:52:25.159 --> 00:52:28.099
public they might say you know I'd be comfortable with that

00:52:28.099 --> 00:52:29.619
district but not

00:52:29.619 --> 00:52:33.719
if you allow this type of use in that district so a lot of

00:52:33.719 --> 00:52:35.519
the changes are

00:52:35.519 --> 00:52:40.260
gonna happen at that consolidated stage once we have fully

00:52:40.260 --> 00:52:41.760
vetted each piece

00:52:44.760 --> 00:52:52.590
I got a couple of questions I made notes on I noticed here

00:52:52.590 --> 00:52:53.480
through the

00:52:53.480 --> 00:52:57.840
administrative particularly in the appeal process there's

00:52:57.840 --> 00:52:59.079
time limits that

00:52:59.079 --> 00:53:02.500
you have to appeal decisions but I didn't notice and I may

00:53:02.500 --> 00:53:03.360
have just missed

00:53:03.360 --> 00:53:07.460
it because I read through quickly are there time limits for

00:53:07.460 --> 00:53:08.280
the city to

00:53:08.280 --> 00:53:14.300
respond take action review plans and if they don't meet

00:53:14.300 --> 00:53:17.239
those timelines it's

00:53:17.239 --> 00:53:20.539
approved as is instead of being caught in the situation of

00:53:20.539 --> 00:53:22.800
we go week after

00:53:22.800 --> 00:53:27.469
week and are there any considerations contemplated about

00:53:27.469 --> 00:53:28.840
those types of things

00:53:28.840 --> 00:53:33.239
being added to our code at this time likely not a lot of

00:53:33.239 --> 00:53:34.760
those integrated

00:53:34.760 --> 00:53:38.179
directly into the DDC those are the types of things that

00:53:38.179 --> 00:53:39.440
are developed as

00:53:39.440 --> 00:53:43.269
processes under Scott's direction processes that are

00:53:43.269 --> 00:53:44.920
documented sometimes

00:53:44.920 --> 00:53:48.230
in the administrative manual in the development criteria

00:53:48.230 --> 00:53:49.719
manuals they're

00:53:49.719 --> 00:53:53.019
important it's important to make sure that staff is keeping

00:53:53.019 --> 00:53:53.880
up their end of

00:53:53.880 --> 00:53:57.880
the bargain I will tell you that in working with Scott over

00:53:57.880 --> 00:53:58.800
the past few

00:53:58.800 --> 00:54:02.269
months we've already seen a lot of changes to how things

00:54:02.269 --> 00:54:03.280
are are handled

00:54:03.280 --> 00:54:06.039
for development in the city we expect that to be fully

00:54:06.039 --> 00:54:07.920
fleshed out in the

00:54:07.920 --> 00:54:12.110
manuals and between the DDC and those manuals there will be

00:54:12.110 --> 00:54:12.880
a very clear

00:54:12.880 --> 00:54:15.840
procedure of what to expect and should be covered at those

00:54:15.840 --> 00:54:16.920
pre-development

00:54:16.920 --> 00:54:21.360
applications as well and mr. chairman to your point yes

00:54:21.360 --> 00:54:22.440
there there absolutely

00:54:22.440 --> 00:54:25.219
will be documentation of that no different than the

00:54:25.219 --> 00:54:26.280
expectation today

00:54:26.280 --> 00:54:29.900
whether it's it's not written is that a project manager

00:54:29.900 --> 00:54:31.239
ultimately when there's

00:54:31.239 --> 00:54:34.079
a submittal placed that a project manager is reaching out

00:54:34.079 --> 00:54:35.039
within 48 hours

00:54:35.039 --> 00:54:38.690
so there should be contact from the city to the applicant

00:54:38.690 --> 00:54:39.880
to say I have your

00:54:39.880 --> 00:54:44.070
project etc etc and that's not written anywhere that's not

00:54:44.070 --> 00:54:45.559
codified codified but

00:54:45.559 --> 00:54:48.480
when we get to the administrative manual all of that be

00:54:48.480 --> 00:54:49.920
laid out so that yes we

00:54:49.920 --> 00:54:53.210
are accountable to the applicant the citizens as well as

00:54:53.210 --> 00:54:54.800
the citizens and the

00:54:54.800 --> 00:54:59.679
applicants are accountable to the city so that's great is

00:54:59.679 --> 00:55:01.119
there a mechanism

00:55:01.119 --> 00:55:03.690
that's going to be put in place that if you exceed those

00:55:03.690 --> 00:55:05.880
timelines that those

00:55:05.880 --> 00:55:10.989
things are approved or they just held up until they get

00:55:10.989 --> 00:55:13.199
looked at well I was

00:55:13.199 --> 00:55:19.230
gonna respond to the first part so generally speaking as we

00:55:19.230 --> 00:55:20.199
try to remove

00:55:20.199 --> 00:55:22.739
most timelines from the code you know those are things that

00:55:22.739 --> 00:55:23.360
you want to be

00:55:23.360 --> 00:55:27.349
able to be nimble on and respond to you know bigger

00:55:27.349 --> 00:55:29.320
projects with taking a

00:55:29.320 --> 00:55:31.199
little bit more time smaller projects move through more

00:55:31.199 --> 00:55:31.760
quickly so most

00:55:31.760 --> 00:55:34.119
communities take timelines out of their code they put them

00:55:34.119 --> 00:55:34.880
in an administrative

00:55:34.880 --> 00:55:38.280
manual some communities do make them hard and fast

00:55:38.280 --> 00:55:39.559
deadlines but most keep

00:55:39.559 --> 00:55:42.019
them advisory because they want to have that flexibility so

00:55:42.019 --> 00:55:42.679
that's just a

00:55:42.679 --> 00:55:46.039
general rule there is there are a couple of specific

00:55:46.039 --> 00:55:47.280
timelines that we did put in

00:55:47.280 --> 00:55:50.659
the draft one is application completeness you know which is

00:55:50.659 --> 00:55:51.119
Texas

00:55:51.119 --> 00:55:53.920
government code so that's the 10 business days after it's

00:55:53.920 --> 00:55:54.519
filed the

00:55:54.519 --> 00:55:57.329
director has to make a determination of completeness that

00:55:57.329 --> 00:55:58.679
one if they don't get

00:55:58.679 --> 00:56:01.659
a response about completeness within 10 days that is deemed

00:56:01.659 --> 00:56:02.679
complete so that's

00:56:02.679 --> 00:56:05.380
one of the few places where we do have a deemed complete

00:56:05.380 --> 00:56:06.480
review in there we

00:56:06.480 --> 00:56:08.820
actually have added some language here that you don't have

00:56:08.820 --> 00:56:09.559
now that you might

00:56:09.559 --> 00:56:12.349
want to take a look at this is on page 30 of the draft when

00:56:12.349 --> 00:56:13.199
you get a chance

00:56:13.199 --> 00:56:17.280
and we have clarified what happens if someone submits an

00:56:17.280 --> 00:56:18.800
application that is

00:56:18.800 --> 00:56:22.219
determined incomplete and there's actually more process

00:56:22.219 --> 00:56:23.079
here than you have

00:56:23.079 --> 00:56:25.420
now more clarity and it says if the application is

00:56:25.420 --> 00:56:26.480
determined not to be

00:56:26.480 --> 00:56:28.670
complete the director shall provide written notice to the

00:56:28.670 --> 00:56:29.719
applicant notice

00:56:29.719 --> 00:56:32.289
shall specify how it's incomplete and then the director

00:56:32.289 --> 00:56:33.239
shall provide this

00:56:33.239 --> 00:56:35.409
notice no later than the 10th business day after the

00:56:35.409 --> 00:56:37.360
application is filed then

00:56:37.360 --> 00:56:41.599
the application expires on or after the 45th day if the

00:56:41.599 --> 00:56:43.320
application filed is if

00:56:43.320 --> 00:56:45.860
the applicant doesn't provide the things that were said to

00:56:45.860 --> 00:56:46.679
be lacking in the

00:56:46.679 --> 00:56:50.510
application so there's more process there generally

00:56:50.510 --> 00:56:51.840
speaking most communities

00:56:51.840 --> 00:56:54.900
don't have deemed approvals that's not something we would

00:56:54.900 --> 00:56:55.840
recommend put in a

00:56:55.840 --> 00:56:58.019
code most communities have gotten away from that if there's

00:56:58.019 --> 00:56:58.679
ever a deemed

00:56:58.679 --> 00:57:02.670
automatic action it's a deemed denial but that's a policy

00:57:02.670 --> 00:57:03.440
decision for you all

00:57:03.440 --> 00:57:06.670
to have but we don't have anything like that in the code

00:57:06.670 --> 00:57:07.679
but this this is

00:57:07.679 --> 00:57:10.559
directly responsive to your first question so I just wanted

00:57:10.559 --> 00:57:10.599
to put that up.

00:57:10.599 --> 00:57:18.960
Okay thank you my second one is the times in the past when

00:57:18.960 --> 00:57:19.840
the city has done

00:57:19.840 --> 00:57:22.769
these you're correct these are very complicated and there's

00:57:22.769 --> 00:57:23.559
a lot of moving

00:57:23.559 --> 00:57:28.449
pieces on it is there a mechanism for and I just wrote a

00:57:28.449 --> 00:57:29.039
note on here

00:57:29.039 --> 00:57:33.650
unintended consequences or conflicts that to your point we

00:57:33.650 --> 00:57:35.039
make a large change

00:57:35.039 --> 00:57:40.230
and somebody comes forward and goes there's an issue with

00:57:40.230 --> 00:57:42.800
my project is there

00:57:42.800 --> 00:57:47.920
a mechanism in here of how that gets resolved and you're

00:57:47.920 --> 00:57:49.400
not hung up with

00:57:49.400 --> 00:57:52.869
your your project is no longer in compliance because we've

00:57:52.869 --> 00:57:53.920
had a change in

00:57:53.920 --> 00:57:57.940
standards yeah I think there there are several mechanisms

00:57:57.940 --> 00:57:58.960
that have been

00:57:58.960 --> 00:58:04.070
integrated into this draft one of those is just the minor

00:58:04.070 --> 00:58:06.960
modification tool that

00:58:06.960 --> 00:58:10.820
gives you the authority to make some adjustments without

00:58:10.820 --> 00:58:12.280
having to go through

00:58:12.280 --> 00:58:14.909
a public hearing process you realize there's something

00:58:14.909 --> 00:58:17.079
about that site that

00:58:17.079 --> 00:58:20.239
is particularly challenging and you're willing to make an

00:58:20.239 --> 00:58:21.599
adjustment because of

00:58:21.599 --> 00:58:26.780
that what you haven't seen yet is actually baked directly

00:58:26.780 --> 00:58:27.480
into the

00:58:27.480 --> 00:58:30.159
development standards like the landscaping and the parking

00:58:30.159 --> 00:58:31.360
there are

00:58:31.360 --> 00:58:35.349
escape valves there there too let's say look we know these

00:58:35.349 --> 00:58:37.019
are the standards you

00:58:37.019 --> 00:58:40.860
can come to us with an alternative approach for landscape

00:58:40.860 --> 00:58:41.679
design as an

00:58:41.679 --> 00:58:45.869
example if you're showing that you meet the intent of the

00:58:45.869 --> 00:58:47.079
code but it's got to

00:58:47.079 --> 00:58:50.269
be something different because again you have a particular

00:58:50.269 --> 00:58:51.519
site challenge if you're

00:58:51.519 --> 00:58:55.340
meeting the intent of the code you can present something

00:58:55.340 --> 00:58:56.800
that way the same for

00:58:56.800 --> 00:59:00.179
parking if you're willing to show a demand study that says

00:59:00.179 --> 00:59:00.880
something

00:59:00.880 --> 00:59:04.480
different than the requirement then you have the authority

00:59:04.480 --> 00:59:05.639
to be reviewing those

00:59:05.639 --> 00:59:09.230
things which is a more flexible approach without having to

00:59:09.230 --> 00:59:10.639
negotiate in a public

00:59:10.639 --> 00:59:13.789
forum at a public hearing you've got a lot of baked-in

00:59:13.789 --> 00:59:14.760
tools within the

00:59:14.760 --> 00:59:19.199
standards beyond that this is where those percentages come

00:59:19.199 --> 00:59:20.760
into play if if

00:59:20.760 --> 00:59:23.960
you're just asking not to play by the rules because you don

00:59:23.960 --> 00:59:25.440
't feel like it then

00:59:25.440 --> 00:59:29.480
no that that's no let me clear up my question and what

00:59:29.480 --> 00:59:30.199
might it might be a

00:59:30.199 --> 00:59:36.099
variance for other let me clear up my question because what

00:59:36.099 --> 00:59:37.800
my concern is is

00:59:37.800 --> 00:59:40.949
that we're doing a complete rezone of the entire city yeah

00:59:40.949 --> 00:59:42.320
and we're changing

00:59:42.320 --> 00:59:46.000
the rules yeah of how zoning is the standards and the

00:59:46.000 --> 00:59:48.480
requirements people

00:59:48.480 --> 00:59:51.059
who've purchased property for people who are developing

00:59:51.059 --> 00:59:52.400
property that have begun

00:59:52.400 --> 00:59:57.239
projects whether they may have made an application or not

00:59:57.239 --> 00:59:58.679
let's say there's

00:59:58.679 --> 01:00:01.449
some of both there's pre applications and there's people

01:00:01.449 --> 01:00:02.360
who may have done

01:00:02.360 --> 01:00:07.369
applications they may have some relief as far as vesting

01:00:07.369 --> 01:00:08.840
per se but for people

01:00:08.840 --> 01:00:12.659
who've bought properties with the intention of developing

01:00:12.659 --> 01:00:13.460
under zoning

01:00:13.460 --> 01:00:17.440
codes currently in place and we change those when the city

01:00:17.440 --> 01:00:18.719
re zones the whole

01:00:18.719 --> 01:00:23.679
city now when you bring your project in you will now fall

01:00:23.679 --> 01:00:25.280
under new zoning

01:00:25.280 --> 01:00:28.429
requirements that may be different than the zoning

01:00:28.429 --> 01:00:30.000
requirements were as you

01:00:30.000 --> 01:00:34.559
purchased or in process and haven't made application and

01:00:34.559 --> 01:00:36.079
and that's where my

01:00:36.079 --> 01:00:40.619
question goes to those types of instances because it is a

01:00:40.619 --> 01:00:42.559
zoning it will

01:00:42.559 --> 01:00:46.469
have a completely it will control what can be done with

01:00:46.469 --> 01:00:48.079
that property now and

01:00:48.079 --> 01:00:51.449
so if there are unintended consequences if there are

01:00:51.449 --> 01:00:54.280
conflicts and it's greater

01:00:54.280 --> 01:01:00.559
than 10% how do those instances get resolved in a timely

01:01:00.559 --> 01:01:01.519
manner versus they

01:01:01.519 --> 01:01:06.119
fall into an administrative black hole of it's no longer

01:01:06.119 --> 01:01:08.119
compatible and now it's

01:01:08.119 --> 01:01:11.679
gonna have to be non-conforming all types of issues that

01:01:11.679 --> 01:01:12.599
may come up in

01:01:12.599 --> 01:01:16.070
those types of instances I hope that maybe clarifies what

01:01:16.070 --> 01:01:17.880
my concern is yes

01:01:17.880 --> 01:01:21.039
thank you now I better understand your question and I will

01:01:21.039 --> 01:01:22.320
say for the most

01:01:22.320 --> 01:01:25.389
part and I think I mentioned earlier there should be more

01:01:25.389 --> 01:01:26.320
opportunities

01:01:26.320 --> 01:01:30.630
rather than fewer opportunities under the new DDC but there

01:01:30.630 --> 01:01:31.960
will be instances

01:01:31.960 --> 01:01:39.550
where a site is made non-conforming we have tried to reduce

01:01:39.550 --> 01:01:40.719
the the number of

01:01:40.719 --> 01:01:43.179
times that we think that might happen that's always a

01:01:43.179 --> 01:01:44.320
question that we ask of

01:01:44.320 --> 01:01:48.139
staff if they were to suggest well let's just change that

01:01:48.139 --> 01:01:49.119
setback requirement

01:01:49.119 --> 01:01:52.670
well how many non-conformities are you going to create in

01:01:52.670 --> 01:01:54.000
doing that so that's

01:01:54.000 --> 01:01:58.230
always in the back of our minds as we're drafting I think

01:01:58.230 --> 01:01:59.320
we'll try to minimize

01:01:59.320 --> 01:02:03.840
those now is the time to get involved there is a lag period

01:02:03.840 --> 01:02:05.199
between adoption

01:02:05.199 --> 01:02:09.570
of the code and adoption of the map and the effective date

01:02:09.570 --> 01:02:10.960
of the code in the

01:02:10.960 --> 01:02:14.780
map and there there will be property owners that decide you

01:02:14.780 --> 01:02:16.239
know I actually

01:02:16.239 --> 01:02:19.320
am not satisfied with where this ended up and I'm gonna get

01:02:19.320 --> 01:02:20.360
my application in

01:02:20.360 --> 01:02:24.960
now rather than later because I want to come in under the

01:02:24.960 --> 01:02:26.320
the current DDC versus

01:02:26.320 --> 01:02:29.760
the new adopted DDC there are others that are gonna wait

01:02:29.760 --> 01:02:30.760
conversely and say

01:02:30.760 --> 01:02:33.469
alright I'm gonna wait until this is effective because I

01:02:33.469 --> 01:02:34.440
really like the new

01:02:34.440 --> 01:02:37.849
rules better than than what I have see Matt wants to jump

01:02:37.849 --> 01:02:38.880
in yeah one

01:02:38.880 --> 01:02:41.599
additional comment I didn't realize you were going down the

01:02:41.599 --> 01:02:42.320
best team road

01:02:42.320 --> 01:02:46.840
that's a category of issues that I would just say up front

01:02:46.840 --> 01:02:47.559
we need to spend more

01:02:47.559 --> 01:02:51.960
time working with the the staff and the legal staff

01:02:51.960 --> 01:02:52.840
especially in terms of

01:02:52.840 --> 01:02:55.880
incorporating into the common review procedure framework

01:02:55.880 --> 01:02:56.880
that we've got it's

01:02:56.880 --> 01:02:59.519
gonna be in there in some way I want to make sure that we

01:02:59.519 --> 01:03:00.360
do it the right way

01:03:00.360 --> 01:03:03.039
it's sometimes you know as you know is gonna be automatic

01:03:03.039 --> 01:03:04.079
for certain types of

01:03:04.079 --> 01:03:08.079
applications not for others in Colorado we have a slightly

01:03:08.079 --> 01:03:08.960
different scheme you

01:03:08.960 --> 01:03:11.429
know we actually have a you have to make an affirmative

01:03:11.429 --> 01:03:12.360
request for vested

01:03:12.360 --> 01:03:14.630
rights in certain ways and so we structure it as a discrete

01:03:14.630 --> 01:03:15.400
permit I don't

01:03:15.400 --> 01:03:17.710
think we do it that way here but we still need to talk with

01:03:17.710 --> 01:03:18.480
your legal staff

01:03:18.480 --> 01:03:20.619
about the best way to do that but if that if your question

01:03:20.619 --> 01:03:21.199
is primarily

01:03:21.199 --> 01:03:23.659
especially about the automatic approvals going down the

01:03:23.659 --> 01:03:25.079
investing road that's my

01:03:25.079 --> 01:03:29.860
response I don't know the answers I'm just yeah no it's

01:03:29.860 --> 01:03:31.199
thinking out loud that

01:03:31.199 --> 01:03:34.239
if you're doing things under current zoning and the zoning

01:03:34.239 --> 01:03:35.039
changes and it's

01:03:35.039 --> 01:03:39.480
no longer in compliance what what is your relief and if it

01:03:39.480 --> 01:03:40.559
's ten percent that

01:03:40.559 --> 01:03:43.710
may not meet the standard and then you're put in a non-con

01:03:43.710 --> 01:03:45.079
forming or some

01:03:45.079 --> 01:03:48.170
of these other issues and so that was just a question if if

01:03:48.170 --> 01:03:49.159
there is going to

01:03:49.159 --> 01:03:52.480
be a mechanism of there's a certain amount of time to get

01:03:52.480 --> 01:03:53.599
your projects done

01:03:53.599 --> 01:03:57.059
under the old rules or the new rules or to your point it's

01:03:57.059 --> 01:03:59.440
adopted and after six

01:03:59.440 --> 01:04:03.039
months or 12 months this is it I'm just curious how that

01:04:03.039 --> 01:04:04.800
process is and and and

01:04:04.800 --> 01:04:10.699
if we get to see what that process is to evaluate it I don

01:04:10.699 --> 01:04:11.599
't think it's an easy

01:04:11.599 --> 01:04:16.840
answer I think you've got a collection of different types

01:04:16.840 --> 01:04:17.840
of entitlements out

01:04:17.840 --> 01:04:22.269
there you may have to get by the mic the little a little

01:04:22.269 --> 01:04:23.840
snow cone like went off

01:04:23.840 --> 01:04:27.230
so I think I think it's you'll definitely have a chance to

01:04:27.230 --> 01:04:27.960
to weigh in

01:04:27.960 --> 01:04:30.889
on that strategy it'll be part of the overall kind of you

01:04:30.889 --> 01:04:32.920
know collection of

01:04:32.920 --> 01:04:37.170
things that you you ultimately recommend approval on I don

01:04:37.170 --> 01:04:38.239
't think it's gonna

01:04:38.239 --> 01:04:40.809
make you maybe a uniform strategy for all the different

01:04:40.809 --> 01:04:41.920
entitlements that you

01:04:41.920 --> 01:04:44.380
have out there because we've been talking with staff you

01:04:44.380 --> 01:04:45.159
have a variety of

01:04:45.159 --> 01:04:49.159
things that have been approved over time and some of them

01:04:49.159 --> 01:04:51.400
may be ambiguous as to

01:04:51.400 --> 01:04:54.110
whether or not they are subject to the new code standards

01:04:54.110 --> 01:04:54.960
and so we need to

01:04:54.960 --> 01:04:57.159
work with your staff and figure out kind of the best

01:04:57.159 --> 01:04:58.199
approaches for those

01:04:58.199 --> 01:05:01.239
different things that are out there I trust you I will work

01:05:01.239 --> 01:05:02.039
through that I

01:05:02.039 --> 01:05:05.710
just want to raise those couple of points and I appreciate

01:05:05.710 --> 01:05:06.639
the feedback

01:05:06.639 --> 01:05:10.460
Commissioner Ellis thank you chair I guess going back to

01:05:10.460 --> 01:05:12.039
this question if there

01:05:12.039 --> 01:05:16.739
is a project in process and has been approved with the old

01:05:16.739 --> 01:05:18.159
code and it's not

01:05:18.159 --> 01:05:22.039
complete and and this gets approved and adopted and and has

01:05:22.039 --> 01:05:22.960
an effective date

01:05:22.960 --> 01:05:27.710
nothing does have to change on that current project though

01:05:27.710 --> 01:05:28.440
correct

01:05:32.559 --> 01:05:36.119
Commissioner Beck thank you even though the zoning has

01:05:36.119 --> 01:05:37.960
dramatically changed it's

01:05:37.960 --> 01:05:46.519
it's locked in correct well yeah the application they're

01:05:46.519 --> 01:05:49.320
gonna build single

01:05:49.320 --> 01:05:53.139
family residential but the zoning change where there's like

01:05:53.139 --> 01:05:55.000
NRM you know quite

01:05:55.000 --> 01:05:58.599
dramatic but their applications already locked in so

01:05:58.599 --> 01:05:59.880
despite the zone change

01:05:59.880 --> 01:06:08.760
ill-state correct okay well I'll ask just to clarify if

01:06:08.760 --> 01:06:10.079
there's a project in

01:06:10.079 --> 01:06:14.449
place does the zoning stay with what it is or is it going

01:06:14.449 --> 01:06:14.960
to go to the new

01:06:14.960 --> 01:06:18.110
because if the new requirements zoning wise are more string

01:06:18.110 --> 01:06:19.000
ent than the old

01:06:19.000 --> 01:06:24.920
ones you may have projects that do not meet the new zoning

01:06:24.920 --> 01:06:29.320
requirements for

01:06:29.320 --> 01:06:32.679
example let's just throw a white elephant out in the room

01:06:32.679 --> 01:06:33.519
let's say your

01:06:33.519 --> 01:06:36.599
setbacks are different you have current zoning in place we

01:06:36.599 --> 01:06:37.159
've talked about

01:06:37.159 --> 01:06:40.590
setbacks and the setbacks change so you have projects that

01:06:40.590 --> 01:06:41.719
are being developed

01:06:41.719 --> 01:06:45.150
with certain certain setbacks but you don't have building

01:06:45.150 --> 01:06:46.000
permits being

01:06:46.000 --> 01:06:50.079
requested now so in six months twelve months building

01:06:50.079 --> 01:06:51.239
permits are requested

01:06:51.239 --> 01:06:54.000
for projects that have been developed under certain

01:06:54.000 --> 01:06:55.880
guidelines you go to pull

01:06:55.880 --> 01:06:59.380
building permit for those you look at the zoning here are

01:06:59.380 --> 01:07:00.960
the setbacks and now

01:07:00.960 --> 01:07:04.900
the setbacks are different than what the sizes were for the

01:07:04.900 --> 01:07:05.960
property the way it

01:07:05.960 --> 01:07:10.400
was originally developed that property should be evaluated

01:07:10.400 --> 01:07:10.880
based on the

01:07:10.880 --> 01:07:13.099
earlier setbacks that were in place when the complete

01:07:13.099 --> 01:07:14.519
application was filed okay

01:07:14.519 --> 01:07:17.469
even though it's two different things it's developed as a

01:07:17.469 --> 01:07:19.239
certain deal but it

01:07:19.239 --> 01:07:26.539
doesn't have a building permit pulled until a later date if

01:07:26.539 --> 01:07:27.920
I can just clarify

01:07:27.920 --> 01:07:31.409
for single-family residential at that in that particular

01:07:31.409 --> 01:07:32.679
instance there wouldn't

01:07:32.679 --> 01:07:35.719
be a site plan that's technically done really through

01:07:35.719 --> 01:07:36.599
preliminary and final

01:07:36.599 --> 01:07:39.409
plan so I guess at that point it would be guess what we

01:07:39.409 --> 01:07:40.599
look at when that final

01:07:40.599 --> 01:07:46.260
plat was approved if it was based on a current zoning

01:07:46.260 --> 01:07:47.960
district that's just

01:07:47.960 --> 01:07:51.800
something we need to work through so there's also changes

01:07:51.800 --> 01:07:53.039
to piggyback on that

01:07:53.039 --> 01:07:56.519
there's changes being talked about with places being

01:07:56.519 --> 01:07:57.960
required for two-car

01:07:57.960 --> 01:08:01.039
parking out front and two-car parking in garage for four

01:08:01.039 --> 01:08:02.719
parking places there

01:08:02.719 --> 01:08:05.699
projects in Denton that have single garages with a single

01:08:05.699 --> 01:08:07.280
parking place so

01:08:07.280 --> 01:08:11.519
somebody's developing projects for that type of product

01:08:11.519 --> 01:08:13.440
they don't haven't pulled

01:08:13.440 --> 01:08:17.520
a building permit now they come in a year from now when

01:08:17.520 --> 01:08:19.159
their development is

01:08:19.159 --> 01:08:22.199
done to pull a building permit to go build a house and they

01:08:22.199 --> 01:08:23.960
have to have four

01:08:23.960 --> 01:08:29.069
parking spaces that product cannot be built on that

01:08:29.069 --> 01:08:30.319
developed lot that was

01:08:30.319 --> 01:08:36.340
done under the old zoning I think this is part of the

01:08:36.340 --> 01:08:37.560
overall best thing

01:08:37.560 --> 01:08:40.649
conversation that we need to have with your attorney's

01:08:40.649 --> 01:08:42.239
office as well what what

01:08:42.239 --> 01:08:45.699
happens to those current types of situations I don't want

01:08:45.699 --> 01:08:46.399
to spend all of

01:08:46.399 --> 01:08:49.899
our time giving specific examples there a lot of other

01:08:49.899 --> 01:08:50.880
people here with questions

01:08:50.880 --> 01:08:53.699
I just want to throw a couple out that was the point of the

01:08:53.699 --> 01:08:55.560
question and I

01:08:55.560 --> 01:08:58.329
thought you gave a good answer but I won't make sure that

01:08:58.329 --> 01:08:59.199
there's enough

01:08:59.199 --> 01:09:03.189
detail and enough mechanisms to address very specific

01:09:03.189 --> 01:09:04.840
questions that aren't

01:09:04.840 --> 01:09:11.210
going to be 10% for car garage or for car parking to two is

01:09:11.210 --> 01:09:14.239
50% so my question

01:09:14.239 --> 01:09:18.239
is every time in the past I've been in didn't a long time

01:09:18.239 --> 01:09:19.439
we've done major

01:09:19.439 --> 01:09:22.470
changes like this I'm sure you guys will do a great job I'm

01:09:22.470 --> 01:09:23.199
sure staff will do a

01:09:23.199 --> 01:09:26.800
great job nobody can get everything those are two small

01:09:26.800 --> 01:09:27.880
instances to throw

01:09:27.880 --> 01:09:32.449
out that may be not in consideration I think there should

01:09:32.449 --> 01:09:33.279
be some kind of a

01:09:33.279 --> 01:09:37.270
mechanism when you run into those types of things that

01:09:37.270 --> 01:09:39.119
somebody who started a

01:09:39.119 --> 01:09:43.800
project under one set of criteria doesn't get caught up in

01:09:43.800 --> 01:09:44.880
unintended

01:09:44.880 --> 01:09:50.069
consequences of what otherwise is an embraced cleanup and

01:09:50.069 --> 01:09:51.720
good change in our

01:09:51.720 --> 01:09:56.289
zoning ordinance that they go to pull a building permit and

01:09:56.289 --> 01:09:57.760
you can't build that

01:09:57.760 --> 01:10:00.359
indent anymore and they go well we have a hundred lots

01:10:00.359 --> 01:10:03.000
developed for one car

01:10:03.000 --> 01:10:06.439
garages with one parking place and you got to have four now

01:10:06.439 --> 01:10:08.039
my point in just

01:10:08.039 --> 01:10:11.210
bringing it up I would like to see is just a throw on the

01:10:11.210 --> 01:10:12.479
table there's some

01:10:12.479 --> 01:10:17.210
sort of mechanism to aid in the transition that people

01:10:17.210 --> 01:10:19.319
understand from

01:10:19.319 --> 01:10:22.470
here on out there are not be any more those types of

01:10:22.470 --> 01:10:24.520
products developed but

01:10:24.520 --> 01:10:27.260
the ones that were already started or in play can go on

01:10:27.260 --> 01:10:28.520
even if it's outside of

01:10:28.520 --> 01:10:32.710
the time frame that you're talking about yeah I've got I

01:10:32.710 --> 01:10:34.079
think there's two

01:10:34.079 --> 01:10:36.539
responses to that one is inside the code and one is outside

01:10:36.539 --> 01:10:37.760
the code inside the

01:10:37.760 --> 01:10:41.090
code I think one of the things that will need to enhance is

01:10:41.090 --> 01:10:42.479
those transitional

01:10:42.479 --> 01:10:46.159
rules that Tarek talked about because one thing we often

01:10:46.159 --> 01:10:47.279
talk about is if

01:10:47.279 --> 01:10:50.510
you've got a staggered set of approvals where later appro

01:10:50.510 --> 01:10:51.760
vals to correct early

01:10:51.760 --> 01:10:55.810
approvals I think we need to be a little bit more detailed

01:10:55.810 --> 01:10:57.399
in that section about

01:10:57.399 --> 01:11:00.710
the fact that subsequent approvals if you've already got a

01:11:00.710 --> 01:11:01.840
preliminary plot

01:11:01.840 --> 01:11:04.300
that was approved under the old code your final plot then

01:11:04.300 --> 01:11:04.960
doesn't have to

01:11:04.960 --> 01:11:07.250
comply with the new code you know that just has to comply

01:11:07.250 --> 01:11:08.239
with the prior rules

01:11:08.239 --> 01:11:11.680
and the earlier approval of the preliminary plot so we can

01:11:11.680 --> 01:11:12.119
we can

01:11:12.119 --> 01:11:14.229
clarify some of those rules and talk with you more about

01:11:14.229 --> 01:11:15.239
that I think the

01:11:15.239 --> 01:11:18.739
outside the code answer though is more important and that

01:11:18.739 --> 01:11:20.039
is that this needs to

01:11:20.039 --> 01:11:23.189
be rolled out as part of a comprehensive education effort

01:11:23.189 --> 01:11:24.000
and one of the things

01:11:24.000 --> 01:11:26.819
that should be done is training programs for the

01:11:26.819 --> 01:11:28.560
development community where you

01:11:28.560 --> 01:11:32.390
talk about hey guys this is a new system and here's some of

01:11:32.390 --> 01:11:33.159
the key differences

01:11:33.159 --> 01:11:36.800
that you should be thinking about and here's the some good

01:11:36.800 --> 01:11:37.880
examples of how

01:11:37.880 --> 01:11:41.029
you will need to be developing differently and in the

01:11:41.029 --> 01:11:42.279
future and here

01:11:42.279 --> 01:11:44.199
are the specific rules that will apply during the

01:11:44.199 --> 01:11:45.520
transition period those are

01:11:45.520 --> 01:11:48.439
just kind of key things that we can talk with your staff

01:11:48.439 --> 01:11:49.239
about kind of you know

01:11:49.239 --> 01:11:52.920
programming in to a series of educational campaigns but it

01:11:52.920 --> 01:11:53.520
's not an

01:11:53.520 --> 01:11:56.439
on-off switch it's not just like all of a sudden you move

01:11:56.439 --> 01:11:57.840
from BDC on day one to

01:11:57.840 --> 01:12:01.520
DDC to on day two it's going to be a transition process and

01:12:01.520 --> 01:12:01.880
there's going to

01:12:01.880 --> 01:12:04.340
be an adoption date and there's going to be a lag time and

01:12:04.340 --> 01:12:05.279
then there's going to

01:12:05.279 --> 01:12:08.050
be an effective date and it's going to be up to the city to

01:12:08.050 --> 01:12:08.800
use that time

01:12:08.800 --> 01:12:12.100
effectively to have internal training sessions with staff

01:12:12.100 --> 01:12:12.880
and external

01:12:12.880 --> 01:12:15.590
training sessions with the public and to bring you all up

01:12:15.590 --> 01:12:16.640
to speed and to make

01:12:16.640 --> 01:12:20.060
sure everybody kind of understands how life changes so it's

01:12:20.060 --> 01:12:21.960
not that's not a

01:12:21.960 --> 01:12:24.510
small thing we recognize that but we've got experience kind

01:12:24.510 --> 01:12:25.039
of helping

01:12:25.039 --> 01:12:28.239
communities kind of program all those transition activities

01:12:28.239 --> 01:12:29.119
it's a really good

01:12:29.119 --> 01:12:31.800
point.

01:12:34.239 --> 01:12:42.199
Other questions? All right great well I guess we will close

01:12:42.199 --> 01:12:44.640
our presentation here

01:12:44.640 --> 01:12:49.100
at 522 and then I guess there's going to be a for those

01:12:49.100 --> 01:12:50.720
watching you will go

01:12:50.720 --> 01:12:53.439
through your presentation again it starting at 6 in council

01:12:53.439 --> 01:12:54.079
chambers and

01:12:54.079 --> 01:12:58.670
that's open to the public. The public's invited to come

01:12:58.670 --> 01:12:58.760
attend.

01:13:21.720 --> 01:13:23.760
you

01:13:50.840 --> 01:13:52.899
you

01:14:21.720 --> 01:14:23.779
you

01:14:51.720 --> 01:14:53.779
you

01:15:20.920 --> 01:15:22.979
you

01:15:50.720 --> 01:15:52.779
you

01:16:21.720 --> 01:16:23.779
you

01:16:50.720 --> 01:16:52.779
you
