>> Good afternoon, ladies and gentlemen.
This is the Planning and Zoning Work Commission session.
It's a special called session for February 13th, 2019.
I'll call it to order having a quorum at 406.
The first item is to receive a report and hold a discussion
on the DIT and Development Code update and draft zoning map.
It says Ron will start the presentation.
Is that accurate?
>> Hi, my name is Scott McDonald.
I'm the Director of Development Services.
I'm absolutely pleased to be here to present
to you this evening.
You can call me Ron.
This is the last in a series of updates
to the DIT and Development Code.
So, we originally started this process in September of 2017.
It came to you in a series of modules.
What we have now is we've been working on a consolidated draft.
That consolidated draft has been a process through staff
and ultimately meeting with the Development Review Committee,
which is a collective group of three council members,
three Planning and Zoning Commission members.
And we've met over 25 times.
We've gone through this at a very granular level.
We've done a page turn and I think we've probably went
through every sub-chapter, chapter two
to three times going through all of this.
I think that as we go through this, we've had legal council.
Our fortunate for us, our legal department has contracted
with outside legal council.
We had a land use expert, Ms. Brenda McDonald has been present
along with Jerry Drake I think at most all of the sessions.
They've provided legal review as we've gone through it as well
as Brenda is doing a comprehensive legal review
and providing those comments to our legal team.
The draft version that will come
out on Friday will not include all of legal's comments,
but as we go through the public vetting process,
legal will complete their review and make certain
that we're compliant with all of the statutes
that we're looking to go to.
>> Commissioner Beck.
>> Thank you.
The draft is going to be available
to the public online, correct?
>> Online Friday.
>> Correct.
>> Additionally, we've had stakeholder meetings.
We've conducted over 50 meetings going through this process
of looking at each of the modules, the code overall
and discussing any certain specific areas people had
interest in and/or just giving the concepts
that Clarion's going to expose to you a little later today.
Additionally, we will be having two work sessions,
both two work sessions at council, two work sessions
at P and Z and walk through in greater detail.
We'll start with chapters one through five
and then we'll work through chapters three through six.
Just as a part of that, I think it's important
to note what we're not going to talk about tonight
and that's going to be a series of specific sections
that will be incorporated into the code,
so it'll be an integral part of the code.
It just isn't going to be necessarily part of what
that draft that you will see on Friday.
There may be some elements in there,
but what we'll be bringing under separate ordinance will be
that of a tree and landscape code, which we're going
to dub the landscape and conservation code.
That comes before P and Z on March the 5th.
As well, we'll have the downtown design standards.
Most of these topics you've already had a work session on
and so it's not entirely new material to you, but we're hopeful
to have it in ordinance form and to be able to pass
in advance of the development code and then we'll be able
to incorporate those elements into the development code
when we get to the adoption draft.
With that being said, we're also going to talk
about community homes, residential treatment facilities,
looking at that a little bit more granular.
We do have elements of that in the draft code, but as a result
of some of the council input and some current developments
that we have underway, we're just going to make sure
that we're exploring that.
Last week, we did talk some about collegiate housing,
dormitories, student-built purpose,
student-purpose-built housing and so we're going to come back
with that and make sure that we're vetting that fully.
Our citizen participation procedures
and ultimately voted in parking regulations.
So, I just want to make sure just to be clear
that we're not really going to get into those details,
Clarion is not going to get into those details.
They might broach the topics some as we go through this
and their guidance is really to talk about the adoption schedule,
the project goals and kind of an overview
of what the code looks like.
Some of that you've already heard.
This is a vigorous schedule.
It's deliberate and intentional.
We have done a lot of work.
The council committee has done an awful lot of work
and ultimately the team that's done that work,
we'd really like to see them carried over the finish line.
So, it's been pretty painstaking for them to sit inside
of meetings and talk about fences for five hours
and so if we can keep the momentum that we have today,
I'm confident that we have a code that's much better
than what we have currently on the books today even
in its draft form but we know with the upcoming meetings
that we have scheduled and the input
that we've received already that when we get
to the adoption stage that we should have a very good code
for us to work with.
So, with that being said, I'd certainly welcome any questions
that you may have of me before I introduce our guests.
>> Commissioner Ellis.
>> Thank you, Chair.
Scott, on Friday I know the draft will be available.
Is the draft zoning map as well?
>> Correct.
Yes. And the tree
and landscape code is out and available as well.
So, you can get to that under cityofdenton.com/treecode
or /cls, conservation landscape standards.
>> And they'll be getting it Friday.
>> Yes, in your packet.
So, okay, so with that being said,
if there's no other questions, I'd love to introduce our guest
which is Clarion.
Matt will begin.
Matt Goble, which I think you all know,
as well as we have Jim Sprung and Tarik Wafai.
>> All right.
>> Commission members, good to see you all again.
Is this our new version?
>> Oh, I'm sorry.
>> Good to see you all again.
Thank you for the time, the opportunity to present.
Again, Matt Goble with Clarion Associates.
The goal of this presentation is to bring you up to speed
on everything that we've been doing with the development code.
So, this is an exciting milestone.
We are getting close to delivering an important revised
draft to you all.
So, the presentation is going to cover several things.
First of all, I'm going to walk you
through the project schedule, focusing a little bit
on where we've been, but primarily focusing
on where we're going over the next couple of months
because there's, as Scott said,
a pretty vigorous schedule moving forward.
Then my colleagues and I are going to walk you
through the key changes in the document
that you'll be seeing on Friday,
just to give you an overall sense of the structure
and the key changes.
And then we'll conclude by talking about next steps
and have plenty of time for discussion.
As I said, I'll start with the process and just a little bit
about kind of where we've been.
As you recall, we have been working methodically
through the drafting process and we did it through kind
of thematic modules where there are three modules.
One focused on zoning districts and uses,
one focused on administration and procedures,
and one focused on development standards.
For each of those, we have been working first of all
with the staff to develop a good solid draft of a new code
and then refining that draft
and carrying it forward for public review.
The public draft has been the subject of open houses.
It's also been the subject
of the DCRC meetings that Scott mentioned.
So, appreciate the contributions of Commissioners Ellis
and Roselle and back to that DCRC committee.
As Scott said, over 25 plus meetings by that committee
so far just on reviewing the draft of the code.
Throughout the entire process, there's been an ongoing effort
at public outreach as well to make sure
that folks understand what's in the new code.
We've actually now gotten to the far right side of this slide,
the consolidated draft.
And so the next slide here just breaks that down
in a little bit more detail about where we're going from here.
You're going to see the revised code, the full code posted online
and delivered to you on Friday of this week, the 15th.
The consolidated draft will be accompanied by a refined version
of the zoning map and then we're going to go
into an intensive period of work sessions
that will be moderated by the staff.
And you all have two meetings scheduled on the 20th and the 27th.
Council has separate work sessions scheduled
on the dates that you see there.
The intent for these meetings is really
to give you all an opportunity to follow up, if you would like,
in more detail on any of the topics that we raised today.
So we're happy to answer questions today
but once you get the draft on Friday, you might want
to dig further into some things that you see.
And so that's the intent really of those meetings
on the 20th and the 27th.
I'll mention this again at the end of the meeting.
But in advance of those work sessions, if you could try
to give staff a heads up on the things that you might like
to focus on, that would just be helpful to them in terms
of preparing their time.
There is a-- we're setting a deadline of the end
of the month, end of February.
So 1st of March for comments to be due to staff
on this February 15th consolidated draft.
That's going to be comments from the public, comments from you all,
comments from the council and other staff.
That's going to give an opportunity then for us
to turn around a revised document on March 15th.
And that should be pretty close to final at that point.
That should hopefully be a very solid document.
There's going to be ongoing outreach throughout this entire
effort but there's really going to be a targeted set
of public outreach meetings after that March 15th date
where the staff will hold some office hours and some open houses,
meet with neighborhoods, things like that.
They'll have more details for you on that later on.
But then the deadline for comments
on that draft will be March 22nd.
We will then turn around the adoption draft
on March 29th with a zoning map.
The adoption draft is going to look different.
It's going to actually be the time when we strip
out the footnotes, we strip out the commentary,
I have final illustrations.
That's the document that's really going to look
like the final version will look like.
The intent right now is to move forward with adoption hearings
that you all have tentatively put on your calendar.
You can see there April 10th for P&Z review and recommendation
and then April 23rd for city council.
It is a vigorous schedule but as Scott mentioned,
this just reflects a lot of effort
that the current team has already put in place
and they're hoping to carry it across the finish line.
While they're still in office.
There is a project website listed here.
We have been encouraging the public to check
out all the project documents
on the website throughout the course of the project.
I guess let me pause right there.
Any questions or comments just on the schedule moving forward?
>> Commissioner Beck.
>> Thank you, Chair.
That March 29th, that's just posting the draft online.
There's not meetings.
>> Yes, sir.
That's just posting the document.
>> Right. Thanks.
>> Okay. All right.
With that, let's start moving into the substance.
Later in the presentation, we're actually going to walk you
through sub-chapter by sub-chapter.
But before we get there, just a little bit more background
on the overall goals of the project and why the city wanted
to update the Denton Development Code.
This is just my intro slide.
I'm going to walk through each of these in more detail.
But at a high level, when the city conceived of this project,
these are the things that the city identified
as wanting to accomplish.
So let me walk through each of these goals in some more detail.
First of all, implement the plan.
This is why a lot of communities around the country want
to update their zoning codes.
They've put a lot of time and resources and energy
into preparing a new comprehensive plan
like the Denton Plan 2030.
But you don't necessarily have the toolbox, the zoning toolbox
to address all the ideas in that plan.
And so that's the purpose of this project.
A key one was to give you that better toolbox.
That's the central diagram on this slide, the new kind
of city-wide set of tools to implement the policies identified
in the plan.
And then on the far right, you've got a zoning map
which actually carries forward the city-wide policies
and applies them on a property-specific basis.
So this is at a fundamental level one
of the key reasons why the city is doing this.
Now we've talked to a lot of folks and they're saying, wow,
it's been a long time since we looked at the comprehensive plan.
And so we just added a couple of slides just
to remind the public especially what the scope is
of a comprehensive plan.
And it really is comprehensive.
It covers a lot of different things.
It's not just the typical land use topics
that we'll focus on today but everything from mobility
to the health and strength of neighborhoods
to community health and issues like this.
There's a broad array of topics that you all have addressed
as part of the comprehensive plan.
We really throughout this project, the Denton Code,
are focusing on the land use element.
And I know you all are familiar with these but just
as a reminder, the goals at a high level in the Denton Plan
for land use are organized around this kind of grow idea,
grow compactly, grow with purpose, grow our assets.
Each of these is fleshed out with specific objective statements.
These all provide the policy foundation
for what we've done here.
So grow resourcefully talks in the plan about the need
to protect Denton's sensitive natural assets.
That provides the foundation for the ESA standards
and the other types of environmental protection standards
that we'll talk about.
Grow with character and grow with balance talk about the need
to update all the zoning district classifications.
And so that's actually what we've done as part of this project.
So we didn't just start from scratch.
We actually built this document off the policy direction already
agreed to by the community.
So that's an important foundation.
Another project goal is just user friendliness.
Now, if you've spent time with the code recently as an applicant
or as a reviewer, I know you've all spent time as a reviewer,
you know it is a really challenging set
of documents to use.
It's not just one document.
The rules for development in Denton
are scattered across multiple ordinances in different places.
There are redundant provisions, some of which are obsolete.
And it should have been repealed a while back,
but they weren't.
On the left-hand side, these are all screenshots
of some of the new code, a prior version.
And this just gives you a sense of the tools
that we've introduced to make it an easier document to use.
First of all, table of contents, it's all in one spot.
You're not going to have those multiple ordinances.
It's a cleaner, one-stop shop, all the definitions
are in one place, for example.
You don't have multiple definitions of the same term.
That's not rocket science, but that kind of organization
is a key improvement to just the overall rules of the road,
rules of government in Denton.
As a separate project, and we're not
going to cover it too much here today,
but there is a separate repeal effort going on.
So all those other things that are
inconsistent with the new DDC that I mentioned,
those are going to be repealed as part of a parallel effort.
Now, also as part of the user friendliness,
you can see we've added a lot of graphics and summary tables,
things like that, to make it just an easier document to use.
You'll hear, for example, about the new zoning districts,
where we've introduced them with clear purpose statements,
clear diagrams of typical development patterns,
summary tables of standards like building size, lot size,
things like that.
So it's an easier document to look at.
You're going to have more illustrations in the document
that comes out on Friday.
You're going to have even more illustrations in the versions
that come out after that.
So once we get the text in place,
that's when we really get into the illustration development
strongly.
Another goal of the code is to move from a one-size-fits-all
approach in terms of development quality
to a more tailored approach that recognizes
that Denton is a big place.
It's a big city with different complex areas.
And you need different development standards
for the downtown, say, versus Hickory and Welch.
You need to think about different character types,
place types, in the community and create
a code that is tailored to protect and perpetuate
those different character areas.
So you're going to hear more about this from my colleagues.
But a big goal here was to move away
from a one-size-fits-all approach, which you have now,
and give you more options for addressing different areas
in the community.
Another big project goal was to modernize the review procedures.
If you recall, way back when we started this project,
we did an intensive series of interviews.
Many of them were with folks that have developed in Denton.
And one of the biggest concerns we had
was the process is not transparent.
They don't feel like it's consistent all the time.
They would like more standardization
of the rules for how applications are processed.
And so we have introduced a lot of tools through this project.
For example, like this table on the left-hand side--
I know that's fuzzy, but this is a screenshot
of a procedures table that lists all the different procedures.
And what's the role of the P&Z, and what's
the role of the city council?
And just trying to provide some overall clarity
as to who does what, because you really
don't have that in your current set of ordinances.
And then on the right-hand side, a screenshot
of some common review procedures that we've introduced
with those flow charts that give you
a very clear sense of the typical process
that an application goes through--
application submittal to staff review to P&Z action, et cetera.
There is a tailored version of that chart
for all the different types of procedures in the code.
Again, just trying to provide a little bit more
standardization and clarity and predictability.
Because we heard from folks that say,
we'd rather go to competitors than develop in Denton,
because the process is hard to get through.
And so we're trying to address some of those concerns
by modernizing the procedures.
So that's a lengthy introduction,
but it's important to kind of lay the foundation of some
of the key things that we're trying
to accomplish in the project.
So with that, my colleagues and I
are going to start just walking you through methodically
at a high level the different subchapters.
And I'm not going to read all these bullets to you.
We're going to post this presentation online.
But just wanted to hit some of the high points
that you're going to be seeing in the document that
comes out on Friday.
Subchapter 1, general standards.
This is dry stuff.
This is for the lawyers.
But it's really important.
It lays the foundation for the code.
It's the overall statement of applicability,
the overall statement of purpose.
What are some of the things that we've done here?
For example, bullet 3, more specific enforcement
provisions.
We have clarified in the code what constitutes
a violation of the DDC.
We've clarified what the process is when someone alleges
that there's a violation.
We've added to the list of remedies and penalties
that are available if there's a violation.
All that's been fleshed out.
This bullet down here, new DDC won't
make legally established single family, townhome,
or duplexes nonconforming.
This is the subchapter that deals with nonconformities.
The things that were legal when they were first established,
but are no longer legal under the new code.
This is the result of a policy discussion that the DCRC had.
And they wanted to make sure that as the new code goes
into a place, they focused on those existing properties.
And they're going to be deemed conforming moving forward,
which is an important distinction.
And they're not nonconforming.
This is the section of the code that has transition standards
as well, from the old DDC to the new DDC,
just clarifying how you're making that leap from one
set of regulations to another.
So a lot of things here, we're going
to come back and talk about these nonconforming site
feature thresholds later in the presentation.
So it's dry stuff, but it's really important.
Lays the foundation.
Moving into subchapter two, we get
into the administrative procedures in the code.
Who does what?
What's the role of staff?
What's the role of the P&Z?
You've seen the summary chart.
As I've said, we've provided a lot more predictability
and transparency here.
A few things that I'll highlight.
I talked about the common review procedures on a prior slide.
I showed you that chart that has just kind of the green arrows.
And there's a consistent flow chart
for all the different procedures.
One of the things that you'll see in there
is a new citizen participation provision.
And what that's going to basically say
is that for bigger projects, there
is a strong encouragement that an applicant goes out
and talks to the neighborhood before they
file an application to get feedback
on the general concepts before they finalize something
and put it into the pipeline.
That's going to be new for you all to look at.
We've got the site plan review procedure.
We've talked about that before.
We distinguish major site plans versus minor site plans.
And there's updated thresholds for what's major versus minor.
Updated approval criteria for all the application types.
Cleaned up plotting procedures to align with state code.
So a lot of important stuff here.
We just had a meeting with the DCDA, the Denton County
Developers Alliance.
And this is really important stuff to them
because the predictability of the process and the transparency
is a key source of their frustrations
with your current ordinances.
Some of the other things to highlight here,
plan developments.
So right now, you're doing MPCs, Master Plan Communities,
in Denton.
That's the tool to step outside the code
and do a big negotiated development.
Those are going to stay in place.
None of those MPCs will change.
But moving forward, we've got a revised tool.
And we're calling it planned development.
And there's a simplified review procedure
for how someone can propose to rezone to a planned
development.
Go through you all, first of all, for a recommendation
and then to counsel for a final decision.
The new code is not going to have a minimum size on PDs.
And so you could, in theory, do a smaller planned development
versus a larger planned development.
Other communities have found that important for smaller
infill sites, for example.
Flexibility and relief is an important part of the code.
We want to make sure that it's not just a flat set of rules,
but there are opportunities to consider
individual circumstances.
Minor modification is a tool that's been introduced.
And I'm just going to jump ahead to this slide.
This is intended to replace the ADPs.
The ADPs that you have now, we've
heard, are so open-ended that they're not transparent.
They're not predictable as to what might be allowed.
And they're open to abuse.
And so this is intended to provide a more predictable box
within which minor deviations can be allowed.
So it allows the final decision-making body
to approve minor modifications from dimensional or numeric
standards.
I'll come back to this slide, but just jumping ahead,
this is the table, the current table,
that shows the standards from which a minor modification
could be considered.
For example, you come in at the plotting stage,
and you consider a modification to minimum lot area of up
to 10%.
At the site plan stage, you consider a modification
to a setback standard of up to 10%.
We see these in communities all across the country.
These are a good tool to provide a little bit of flexibility
to keep someone from having to go all the way to a variance
or maybe even to a plan development.
This is a site-specific way of kind of greasing
the wheels for small projects.
Commissioner Beck.
Thank you, Chair.
Matt, are you saying then the ADP will go away completely,
or it's not going to be around for things bigger
than this minimum stuff here?
That's correct, Commissioner.
The ADP is not carried forward in the current draft.
There's a variety of tools that provide flexibility.
So you've got the minor modifications.
But also, you're going to hear later in the presentation,
we've introduced a lot more menu-based standards
and optional approaches in the development standards
to provide more--
there's just different ways of getting
to the goal of the code.
But ADP, as it currently exists, is not being carried forward.
OK, but it will be handled-- changes
that need to be done beyond these limits here.
You will have mechanisms to handle those.
Great, thanks.
Just a final point on this-- you can't do anything
with the minor modification.
Here at the bottom, you can't change your use, for example.
That's too big.
Minor modification is for small stuff.
And so you can't deviate from the ESA standards.
You can't deviate from floodplain regulations.
So there's public improvement standards.
There's some big stuff that you can't change.
Minor modification is intended to grease the wheels
for those smaller deviations.
So with that, let's keep moving.
And we're going to move from the procedures
into the zoned districts and the uses
allowed within the districts.
With that, I'll give it to Tarek.
Chairman, members of the commission,
nice to see you all again.
Tarek Wafai with Clarion Associates.
I'm going to talk about the middle piece of this, which
is really a fundamental part of how the DDC works.
What can you do on your property, and where can you do it?
How big can the buildings be?
How far from the street?
All of those things are in these two subchapters
on zoning districts and use regulations.
So we're going to walk through at a fairly high level
and just explain some of the key changes,
just like Matt did with the procedures,
and Jim will do with the quality standards.
First and foremost, people like graphics in a code.
Increasingly, communities are doing this.
It's helpful.
Not everybody likes to review pages of text like we do,
but they need the graphic to get them there.
We create nice graphics.
We will do that.
Again, that March 15th draft is going
to have a much more comprehensive list of graphics
in there.
And another key change in the district's piece
is just implementing those future land use designations
from Denton Plan 2030.
That plan, at a very broad brush level,
designated certain geographic areas
for the types of activities you might see there.
The problem is that your current lineup of zoning districts
does not allow you to get there, does not
give you the path forward to implement those desires.
So we made a lot of changes to the districts
to help implement that plan.
Here's a quick snapshot.
This is a conversion table, we call it.
Basically, it takes your future land use plan,
the designations in this first column on the left,
shows you your current zoning districts.
And then finally, that final right hand column
is how we made some consolidations
in the new lineup of districts.
So you'll see, for downtown compatibility area,
as designated in your plan, right now there
are five different districts all trying
to achieve a very similar purpose.
Allow people to live on smaller lots in a compact way.
We've consolidated those very common standards,
purpose statements, and dimensional requirements
into one district that allows you
to do that type of activity.
Same thing for mixed use.
You're calling out in your policy document
that mixed use is a good thing.
And you see a lot of mixed use in Denton.
But it has to be negotiated today.
There's no clear path forward to get mixed use
because of the lack of those types of districts.
So we have presented three different context areas
for mixed use, at the neighborhood scale,
at the corridor scale, and at the--
or rather, the downtown scale, and then a regional context.
Understanding that not everything
is walkable and pedestrian friendly mixed use,
there's also really big stuff, too,
that you need to drive to that has a mixture of office
and residential and retail.
So we've tried to cover using the plan
as the underlying framework, but then also
looking at various things and inconsistencies
to try to give you a better toolbox to rezone property
in the future.
This project does not rezone Denton.
But it does convert some districts.
It renames certain zoning districts
and makes some changes to existing properties.
When we take that and start to look at just the new district,
so starting to simplify that table for you,
divide it into residential, where people are just
living on a lot or living in a multifamily building,
versus mixed use, where people are-- that doesn't mean
retail and office.
Mixed use, we mean residential and non-residential happening
in those districts.
Corridor districts that are specific to your bigger
suburban corridors, where it's got a different character,
versus a highway corridor, which need
to be treated differently.
We can't have the same types of standards on the highway
that you do for a suburban corridor.
Some other districts, things like public facilities,
that is a new zoning district that you don't have today.
Where do we put the wastewater treatment facility?
Where do we put the fleet storage for our gravel trucks?
All of those things need a home.
They don't really fit into another type of context,
but they are essential to running a city.
So there's a district for those types of activities.
The overlays I'll talk about in a moment.
So some other key changes, density.
Right now, you have maximum densities
called out for your residential zoning districts.
That's great, except for a couple of things.
It's very hard for the public to visualize
how much density is dense versus not dense.
What is the actual intensity of that zoning district?
The other main reason we're not carrying that forward
in that form is that your current dimensional standards,
setbacks, height, lot coverage, lot area, all of those things
are also regulating density.
And they're not always aligned.
Where you might give a maximum density of six units
to the acre, well, your setbacks and your lot dimensions
are actually result-- they would result
in a greater density than that or a lesser density than that.
So it's important to talk about why does density matter.
It's because we don't want too much of one thing on a lot.
Well, we have broken that down into the components of density,
and we're carrying forward those types
of dimensional standards instead so
that it will be consistent and it will
help you implement your plan.
This last bullet here on measurement standards
and exceptions.
At the end of the zoning district's chapter, sub-chapter,
you will see a section on measurements and exceptions.
We realize that not everything is
going to fit the mold of a particular zoning district.
What if I have parapets?
Well, those can extend into the maximum building height.
If I have a chimney, that can extend.
A front porch can go into the front setback
because that's a character defining feature that most
people want to see.
So we're not prohibiting those types of activities.
We have called them out as exceptions.
Also in that subsection, we explain
how Denton measures height, how we measure lot coverage,
how we measure setbacks.
All of those important measurement tools
are clearly defined in one place within the document.
Tara, can I ask you a question real fast?
Yes.
The alignment table had the neighborhood residentials
to the new RR nomenclature.
I know, as you've stated, you've talked
about redefining density.
To the public, and as I have conversations,
generally speaking, is an NR2, which
was defined as two units per acre,
is that generally the same density as an R2
that it will generally provide two units to an acre
in the new R2?
That's exactly right.
But instead of using those terms,
because very few people, even us planners,
can visualize what that means on the ground.
And so rather, we're focusing on those minimum lot sizes,
which drive density.
You have to build roads to get to these lots.
You have to put in utilities.
All of those things eat up at the land.
When it's all said and done, those public infrastructure
items, coupled with the size of the lots and the uses allowed,
get to those density questions.
Gotcha.
Thank you.
You bet.
So we've talked about those.
I said I would come back to overlay districts.
Right now, you have several overlay districts.
Not all of them will be carried forward.
If you remember, your current infill and special purpose
district is not really an overlay.
Rather, it's everything inside the loop.
And so that's not really an overlay district.
That's just another complicating factor
to try to develop in Denton.
So that will not be carried forward.
Many of them will, though.
I'm going to use Unicorn Lake and Fry Street as an example.
Right now, they're referencing the current lineup
of zoning districts.
Unicorn Lake says the standards of the NRMU 12 district
shall apply to Unicorn Lake.
Well, we're not carrying forward that district.
So there was a bit of an unpacking job for us
to do to take those standards from the current NRMU 12
and just bring them directly into the overlay district.
You hadn't seen that in the earlier drafts.
You will see that in Friday's draft,
how we have translated that information
into the overlay districts.
Razor Ranch, I have a separate slide on that next.
So I'll talk about why that was treated
a little bit differently.
Historic districts, you spent a lot of time last year
and even earlier than that talking about procedures
for historic properties.
How do we review them?
How do we look at demolitions?
What are some of the standards that apply
to historic districts?
Those were carried forward intact.
We've reorganized them just to be consistent
with the structure of the code.
Razor Ranch, why is it different?
It is really its own animal.
It's large, it has unique procedures,
unique development standards.
It is basically a mini version of a DVC,
just for that property.
We had a lot of options to pursue.
We met with the landowner.
We met with staff.
We talked to them, what is the best approach
to move that forward?
What you will see in the next draft
is that we have pulled it out of the DVC.
It will be carried forward as a standalone appendix
to the DVC and relatively unchanged
other than maybe some renumbering where necessary.
It was determined there are a lot of entitlement issues
right now underway being discussed for Razor Ranch.
It is rapidly developing as we speak.
And so getting into the middle of those issues
during the DVC adoption was not ideal.
So we're gonna leave that intact for now.
There's gonna be a bit of work that needs to happen
after the adoption of the DVC
to get that ready for appendix form.
Just like with Unicorn Lake,
where we are referencing now antiquated districts
moving forward, those standards will need
to be brought in somehow.
What will likely end up is that you will still
have to retain a copy of the current DVC
until those standards are fully brought
into appendix form.
So I failed to mention, right now you have MPCs
and we're bringing those forward as PDs,
planned developments instead of calling it the MPC.
Existing MPCs will remain MPCs.
Moving forward for negotiated development
that just doesn't fit the letter of the law,
those will be PDs.
Razor Ranch is ultimately functioning today as a PD,
which is why we did not wanna just carry it forward
as an overlay.
So alongside the districts,
what can you do with your property?
So a lot of changes here as well.
Reorganized, of course, more user-friendly,
more tables, more graphics, a lot of consolidation.
The example I keep using is you don't need
to call out a bookstore and a flower shop
and a toy shop, retail is retail, so let's just say it.
Every use is defined, every use category is defined,
so it's very clear to understand what we're talking about
when we say retail, what we're talking about
when we say self-storage, what we're not talking about
when we say collegiate housing,
'cause we're not talking about that today.
New consolidated standards for accessory
and temporary structures.
What do we do with ADUs?
Well, they're in there.
We have addressed that in the new DDC.
I think we presented that information to you all.
The DCRC has spent a lot of time talking about ADUs as well,
so make sure to pay attention
to those use-specific standards, and to do that,
I wanna just walk through a couple of examples here.
This is a snapshot of the draft, as you will see it,
and along the top, the columns are the zoning districts,
the new zoning districts.
Each row is a specific use type.
If it has a P in there, that's permitted by right.
There's nothing to talk about.
It's a permitted use.
It has been stated that that is appropriate
for that zoning district.
If it has an S, it might be appropriate
for that zoning district,
but that's gonna require a public hearing.
We need to talk about the parameters
of that proposed development,
and make sure that that's appropriate
on that particular site.
So, special use, specific use permit required
if there's an S.
If it's blank, that is a prohibited use in that zoning
district.
Now, if it has a plus next to it, either P or S,
that means you need to read this final column,
and those will be hyperlinked for you,
so when you view the PDF on Friday's draft,
you can click on those standards.
That means, yes, it's permitted, a townhome, for example,
in the R7, but you have to read those standards
that if you clicked on those, they would tell you
that each entrance on a townhome needs to face
the public right of way, or have direct access to it,
to prevent, you know, side-facing townhomes
from being what you see from the street.
Kennels, when you click on the link
to kennel requirements, sure, it's allowed,
but if you're within 150 feet of residential,
you can't have an outdoor run for the kennel.
Has to be farther than 150 feet away.
All of these standards meant to protect
private property rights on both sides of the coin.
Some of them are operational-based,
some of them are location-based,
but a lot of new standards and carried forward
a lot of existing standards, you call them Ls today
in your use table, a lot of limitations.
We have just spelled it out more clearly.
Some new uses that you'll notice, a lot of them.
You'll see them up here, some of them specific to Denton,
you know, things like the travel plazas,
things like musician's studio.
These are issues that you have to deal with here in Denton.
Other things are just national trends
that a lot of communities are dealing with,
so it was important to make sure
that you're thinking proactively about those things
as you continue to see new growth and development.
So, you know, I mentioned ADUs as one of those,
home occupations, another one of those.
A lot of standards for those uses that are important,
and I urge you to read through those.
So that's really it, that was a lot to cover
on just those two important sub-chapters,
but do you have any questions
before we move into the quality standards?
- Commissioner Ellis.
- Thank you, Chair.
Tarik, real quick, when talking about PDs,
we're also calling any developments
that have zoning restrictions on them PDs, is that correct?
- No.
- What are we calling those?
- Well, today you're calling those PDs.
So, Ron, I don't know if--
- Did we change that?
Okay.
- Yeah, we're creating a new district
called planned developments.
So when you are negotiating developments for those,
that will be a planned development district
with its own set of standards in addition to,
and things that are left out of that district
will be covered by the remaining standards in the DDC.
I think you're referring to some of these conditional
re-zonings that have been adopted,
and when you look at your zoning map,
there are 79 or 80 of those bubbles on there,
things that were agreed to.
And you actually call those overlays, I believe, today.
- Correct.
- And so they won't be carried forward on the map
as an overlay, but I'm not sure what you're calling them
on the new zoning map.
- We're actually looking at each one individually.
As some of the standards change,
they actually may just be in compliance.
Some may ultimately get assigned a PD
as a result of the variety of conditions.
- I thought that was our discussion,
which it is confusing, 'cause they don't sound like PDs,
but I know we've kind of been around the board on those.
- Commissioner Beck.
- Thank you, Chair.
I remember right, the overlays were essentially going away,
so we, I guess, except for the ones that are already there.
Right, Fry Street, and one or two others.
But in the past, we've had these communities
where people complained, like an NR6 was too dense,
so we had an overlay where it essentially
amounted to an NR4, so if we do that now,
then you're saying it's gonna be a PD,
we won't call them an overlay condition.
(laughing)
- They could very well come in as a PD.
But part of the issue has been having 80
different overlay districts and just managing them
and making sure that they're properly accounted for
within just our, the system for reviewing permits,
making sure we capture all of that.
And so if there's another way to do that,
whether it be through a PD or some other mechanism,
but really trying to get away from these mixed use,
neighborhood mixed use overlays
that the current code has in place.
- Well, and we have conflated the terms.
We haven't, but over the years,
the terms have been conflated.
An overlay district, things like the West Oak
and Fry Street and Unicorn Lake,
those are true geographic areas
beyond just one particular property.
Let's say the character here is different.
Therefore, regardless of the underlying zoning district,
there's additional standards
that are important to this area.
What you have also labeled as overlays,
those 80 or so overlays,
I think are more conditional rezonings,
where you have said the underlying zoning works almost,
but let's give it a slightly different standard.
But they have been done on a very spot basis.
And so we would urge you in the future
to not use that tool as often as has been used in the past,
and that with the new standards in the DDC,
and with the new lineup of zoning districts,
that shouldn't really be an issue,
because you have more options
to choose for appropriate rezonings of properties.
- Hopefully.
- Okay, thank you.
Any other questions?
Okay.
- Just real quick.
Just wanted to add to that last conversation.
We've got about 35, 30, or 40 of these conditioned zonings.
And as Tarek mentioned,
we don't wanna see that moving forward,
but we do have existing ones.
So we're gonna keep those.
Initially, we thought about making them PDs.
Now with the discussion.
But that's still yet to be determined,
because they're really not PDs, you know.
They're just one-off zoning districts.
So Tarek has asked that we look at those conditioned zonings
and see where we can make them true straight zoning.
Or if we can't, then we're gonna have to identify them
as such, as a conditioned zoning, and move that forward.
But truly, it's not a PD.
And we don't wanna see those types move forward
as PDs in the future,
because PDs are a little bit more larger in scope,
not necessarily size, but more scope.
And what we're talking about is just identifying
just one use for that one property.
And that's more of a conditioned zoning,
or a zoning condition, so.
- Commissioner Beck.
- Thank you, Chair.
So we're gonna get away from that small little tweak.
- We're gonna, as Tarek mentioned--
- The developer can't come in
and meet the new zoning requirements.
- Right.
And then we're gonna, we've got those provisions,
the new zone, the lineup of zoning districts.
Hopefully we'll address some of those ones
that we've seen recently, or some flexible,
as far as design standards, where we can maybe use those.
There's a whole different set of design standards
that hopefully we wouldn't need
to go through that exercise.
- Okay, you're saying we shouldn't need it, or?
- We shouldn't need it with the--
- But it's not like it's not gonna be out there
that we're gonna have to deal with.
- We still have to deal with it, yeah, one way or the other,
and we'd rather not move forward with it as PDs.
- I'm okay with, yeah, getting rid of it, too.
I'm just saying, you know, if it's still wiggle room for it,
we're gonna have to deal with it.
- Right.
- Okay, thanks.
- I think Richard would like to add something.
- Yeah, one thing to note, too,
a lot of these conditions that were placed
as part of these overlays had to do with density,
which is now no longer a factor, if you will,
or requiring a minimum lot size to be a certain,
you know, above 5,000 or whatever it is, and a lot width.
And so right now, we don't have that exemption
if you're two acres or greater, so I think a lot of this,
I don't think it will be required, I mean, never say never,
but I think as we've changed the code, this new code,
I don't think it will really lend itself
to having to have to do that in those circumstances.
- All right, Jim Spong with Clearing Associates.
Good afternoon, Planning Commission.
Now we get to talk about development standards.
So Tariq and Matt have talked about the procedures,
the administration, the districts, and the uses.
This piece of the DDC really gets into the details
of quality of development.
What do I actually have to do on the site?
Landscaping, parking, ESAs, all that kind of stuff.
So we're gonna walk through some key changes.
I have a few examples that we're gonna,
that I'm gonna share as well.
Just to reiterate, we've reorganized the content,
so we've consolidated all the development standards
into one place, as Matt mentioned earlier.
Right now, these standards are scattered
throughout the code, and they're difficult to identify
if you're trying to search for something,
so we put them all into one place
to help it to be more user-friendly.
We've relocated technical and design criteria
to criteria manuals outside the DDC,
and I know that the council and the staff
have been working on updating those manuals
over the past few years, and those will continue
to be updated in the future.
So a lot of the technical information
that's not really necessary in the DDC has been moved out.
Examples of that is pipe sizing,
or how thick does the asphalt have to be.
Zoning doesn't care, they just wanna have a paved area.
The engineering can review those standards
based on the criteria manuals at the site plan phase.
The next bullet touches on one of the primary goals
that Matt mentioned at the beginning.
- Chris or Beck?
- Yes. - Sure, I'm sorry.
Will the new DDC just mention that then?
I mean, this technical criteria won't be there,
but will it be in the new DDC?
Dealing with pipes, refer to?
- Yes.
- Or will it just not say anything at all?
- Yes, it will refer to those criteria manuals
where the references are necessary.
So it will say all drainage facilities have to comply
with the criteria manuals and the following,
and it will list specific things in there.
So references will be provided.
- Okay.
- Again, one of the primary goals of this update
was to tailor the development standards
to the different contexts in Denton,
and that's something that we've done,
is we moved away from the one size fits all,
and I'll share a few examples of that in a couple of slides.
Next, we've increased flexibility
by providing options and menu-based standards,
and we'll show a few examples of that.
Again, we understand that no one site is the same,
and it's important to have flexibility
and really common sense and reasoning to say,
this site is different than the next one.
How can I still comply with the standards,
but achieve the desired result that the city wants?
And then lastly,
improved neighborhood compatibility standards.
Again, we'll talk about this in a couple of slides.
So one really important element of the code
is the applicability standards for development,
and right now you can see this is a screenshot
of the current code.
It's called the expansion applicability table.
It essentially summarizes based on the activity
that you're doing on the left-hand side here,
that will trigger you to make improvements
to specific elements of the site.
So here you can see if you're expanding
a multi-family project by 10%
or the number of units goes up by 10,
that requires a site plan,
that requires a traffic impact analysis
based on the total trips.
Landscaping, yes, you're required to do landscaping
for the disturbed areas, et cetera.
And we've taken this table and taken it
about 10 steps further, saying,
this is an important element of the code,
but right now it's not very comprehensive
in that it just addresses traffic impact analysis.
It doesn't address access and circulation.
Does this mean I have to do pedestrian pathways?
Does this mean I have to relocate my driveways
to comply with the new standards?
So this new draft will address those things,
and we've divided it up into a few different tiers.
So what activities will trigger compliance
with this new code, especially redevelopment?
Any new development has to comply with the standards.
That's just the way it is.
It's new, it hasn't been developed before.
This is the rule book.
Redevelopment is where it gets a little bit trickier.
I have a site, I wanna put an addition on my building.
What do I have to do?
Do I have to redo my entire parking?
Do I have to upgrade all the landscaping on the property?
The tier one thresholds help establish
what you do and don't have to do,
and I'll show another table that summarizes that.
The first one there is if you're increasing
the gross floor area of an existing structure
by the greater of 1,000 square feet or between 25 and 50%,
that will trigger the tier one improvements and so on.
Tier two is if you're doing more
than what the tier one requires.
So here, if you're between 25 and 50%, do you have tier one?
If you're putting an addition on the building
that's 60% larger than the existing building,
that puts you into the tier two,
which will trigger more improvements required on the site.
And this table helps to summarize that.
So here on the left-hand side
are all the development standards sections
in sub-chapter six.
On the right, you see different columns for new development.
A check mark means that the entire site
has to comply with all of the standards in that section.
A diamond means that the disturbed areas
have to comply with the standards in that section.
So here you can see,
depending on how big of a project you're doing,
you may only have to improve the areas that you're touching.
If you're doing a big project,
then you have to bring the entire site into compliance.
And this is still in discussion,
so this table isn't final, or the thresholds,
but this new framework will help the city, the staff,
the development community really understand
if I'm gonna do this,
I know that all these things
have to be brought into compliance.
It's a really simple way to help communicate that message.
So you'll see this in the new draft.
A few other bullets for development standards.
There's a new landscaping and tree canopy standards
that I'm sure you've seen and will see again.
Those will be folded into this new draft.
Those have largely been prepared by staff,
so we'll fold those in.
New requirements for walls and fencing.
This was a topic that the DCRC has spent
several hours discussing,
related to chain link fencing and where it's appropriate,
the heights of fences, things like that.
We folded those updates into this draft,
and then finally the revised parking minimums and maximums.
This is something that we had talked about before,
and this is part of the flexibility in the code.
Right now the minimums and the maximums are the same.
We've adjusted that to, we adjusted the minimums,
and then adjusted the maximum to be 125% of the minimum.
So there's a little bit more flexibility
with how many parking stalls you're required to provide
and that you can provide on a site.
These are the new height transition standards.
This is something that's new in this draft.
The photo on the right is, we think is a bad example
of a transition where you have a fairly large
multi-family building next to a single story residence.
I'm not sure if that owner was really ecstatic
to have that huge building next to them,
but that's something that we want to avoid.
We have a lot of districts,
and they all have very different dimensional standards.
So we want to ensure that when development is next
to a single family or a residential zone,
that the development next to it is compatible.
And here based on this graphic you can see,
if a development is within 50 feet
of a residential district, then the height
in that first 50 feet cannot exceed the maximum height
of the district that it's next to.
If you're between 50 and 100 feet of a residential district,
that height can go up another 15 feet or one story,
and then beyond that it can go to the height
that's allowed in the district that's developing.
So this is an improvement, we think,
to the current standards.
Next are the buffering standards.
This is also a compatibility issue.
Here you see two tables.
The table on the left describes if you're developing
a land use next to something else,
what kind of buffer am I required to have?
And here you can see if you're developing a commercial use
next to a single family detached or duplex,
you need to achieve a minimum of 30 points,
and it has to be a minimum width of 15 feet.
And the table on the right explains
how you can achieve those points.
And this is again a menu-based option
to provide flexibility and options
for the development community to say,
okay, I can either install an opaque wall
that's six feet high, or I can do a bunch of landscaping
and have a big buffer, but it's not a one-size-fits-all,
and it provides some flexibility
for different site conditions and infill opportunities.
- Commissioner Beck.
- Thank you, Chair.
Jim, explain it, 'cause I think we've been over this before.
I think Commissioner Rozelle even brought it up,
the difference between what's required at the end
of single family with industrial,
then you come over here under single family and industrial,
and you've gone from a minimum of 10 points to 50 points.
So could you explain again why there's that difference?
Obviously, if I remember right,
it's because if a single family residential moves,
the industrial facility is already there,
and a guy decides to build to it,
he could build up to, he only needs 10 points.
But if the reverse happens,
if an industrial area comes in close to a residential area,
then that's why the enlargement.
- So this approach is very much specific
to the developing use.
So who's coming in last, basically,
and the level of buffer you need is dependent on that.
So if a single family developer wants to develop
next to an industrial site, they can provide
as big a buffer as they want,
but the city's gonna require them
to provide a lesser buffer than if an industrial use
came next to a residential land use,
because that residential use is already established
and people are there, whereas in the inverse of that,
the residences are choosing to locate
next to the industrial use, if that makes sense.
So a lesser buffer would be required.
- Thank you.
- Sure.
Any other questions on sub-chapter six
before we move on to subdivisions?
There's a lot of information in there.
We just covered a few key topics,
but when you get the draft,
we encourage you to read the commentary,
look at the footnotes.
There's a lot more than what we covered
in the five minutes there.
So, okay.
Sub-chapter seven is subdivisions,
and we have a couple of slides here,
and then we'll wrap it up.
Matt has a couple of concluding remarks.
So the big changes for subdivisions is, again,
that we've relocated the procedures
for subdivisions in the sub-chapter two.
If, right now, the procedures for subdivisions
are all in the subdivision section,
and it makes it confusing to know,
if I need to get a subdivision,
who's the approval authority?
What are they gonna be looking at?
So we've relocated all of that information.
Next, we've relocated the technical information
to criteria manuals, again,
like the development standards.
This is the specific submittal requirements
and things you need for plats.
We've revised the flag lot standards,
and specifically, we've specified
how wide the flagpole portion of the lot has to be
if you're providing utilities to the site.
And based on how much utility
is going through that flagpole portion,
we'll determine how wide that area is.
There's a new cluster subdivision tool,
which we'll talk about on the next slide.
We've revised the gated community standards in the DDC
to require that it be done through a PUD
and that it have an HOA and a few other standards
that the staff has recommended.
And then lastly, this is another important one,
that civil construction plans are no longer required
prior to the approval of a final plat.
We thought that was very unusual,
and staff had mentioned that that had been creating headaches.
Essentially, right now, before a final plat can be approved,
the developer has to provide
specific detailed construction drawings for that site,
which really slows down the process.
It's a bit backwards to where you want
your final plat approved, and at that point,
you can invest the time, money, and resources
into finalizing those plans
and having engineered construction drawings.
So this is just an illustration to help show
what that cluster subdivision
or the conservation subdivision tool is intended to do.
Right now, it's drafted that the developer
is able to set aside areas of the site
that are either protected through environmental reasons
or that can be dedicated for open space
or some other benefit to the city.
In exchange for that, the city will grant them
the ability to create smaller lots
and have smaller setbacks,
regardless of the base zoning district that they're in.
So this is a great tool to allow the developer
to preserve, in perpetuity,
a lot of the sensitive areas and lands
without losing their ability to develop
the same number of units that they would otherwise
if those features didn't exist.
So this is a new feature for Denton,
and we think it's really valuable,
and it's been a very emerging trend
throughout the nation to do this,
and this also achieves a lot of the goals
in the comp plan of having more sustainable development,
protecting those sensitive areas,
and it's also fiscally more responsible
because you can see there's much less roadway,
infrastructure, utilities, things of that nature.
So it's a give and a take.
The developer is able to do more in exchange
for preserving and/or dedicating those lands to the city.
- A quick question on that.
You met with the DCDA.
Did they have any feedback on the economic value
of the project in terms of what they could construct,
or 'cause it seems like on the diagram to the right,
single property would be valued more
'cause the property owner would have more land
and most likely build a bigger house versus the left.
I understand the conservation of the
environmentally sensitive areas and those things,
but I don't know if the developers gave any feedback
to the economics of those different types of developments.
- Yeah, they didn't get into the specific economics of it,
but I think that they in general liked the idea
that right now, if all of those green areas were ESAs,
they couldn't develop in them anyways,
and if they still had to have a 20,000 square foot lot,
well now they can have three lots instead of 12.
So I think in that regard, the economics makes sense
to say if you could only do three or 15,
15 lots is obviously more valuable than three.
They did raise some concerns about who would eventually
manage and protect those areas and maintain those areas,
whether that be through HOAs or other tools
that are available in the DDC,
and ultimately it would be up to the city attorney
and what they felt comfortable with
approving in those circumstances.
So it's not a perfect solution,
but I think it's more flexible and better
than what's available now with them.
- Thank you. - Sure.
So the last slide here that I'll share
is the definitions chapter, sub-chapter.
We've introduced a lot of new definitions.
We've revised existing definitions,
and again, as Tarek mentioned,
there's a lot of new use types in the DDC.
All of those use types are now defined in the DDC.
So take a look at the definitions as you review the draft,
because they're important.
It helps us to know exactly what term we're talking about.
Everyone's on the same page.
So take a look at that section.
Next, I'll turn it back over to Matt and we'll finish up.
Yeah. - Mr. Beck.
- Thank you, Chair.
I think you mentioned yesterday at city council
that the cluster subdivision
has to be at least five acres, is that right?
- It does.
I was drafted to say that this doesn't,
it's not applicable to any land.
You have to have at least five acres
to qualify for that tool.
And it would allow you to go down to a 2,500-square-foot lot.
And all of those standards are outlined in the new draft.
- Okay, thanks.
- All right.
That is it for the overview of the substance of the code.
We just had a couple of final slides for you.
First of all, this is just a reminder
of the slide that you saw earlier.
It is a vigorous schedule, as Scott said, to move forward,
but I think it's doable because we have had
a lot of good feedback throughout the last couple of years
from the DCRC and from all of you and from the community.
So be on the lookout for this code on the 15th on Friday.
And be aware just that there is those work sessions scheduled
and then the comments will be due at the end of the month.
And then we'll move quickly into the adoption process.
I wanted to wrap up this discussion of the calendar
with a new slide and just emphasize a couple of things.
First of all, the date that the code is adopted
is not necessarily the date that the code is effective.
And so that's a decision for the city still to make,
but many communities have a lag time
between the adoption and the effective date.
Sometimes it's three months, sometimes it's six months.
I've worked where it's been five days,
and I've worked in a community where it's been over a year.
So that's always different in every community.
And I think three to six months
is what Denton's been looking at so far.
But that provides an opportunity
just to help ensure effective implementation
of the new code.
And so I mentioned earlier
that those separate repeal ordinances that are out there,
that's where the staff is identifying
a lot of other inconsistent provisions
with the new code that have to be repealed.
There's just a lot of mechanics
in putting together those ordinances.
That'll be done.
Updates to the zoning map,
finalization of the zoning map.
Potentially also a testing period for the code
where the staff is able to walk through some hypotheticals
and just kind of understand better internally
how the new code would play out to different sites.
It's not on here,
but also that's an educational opportunity.
That's a time when you can have workshops
for the development community, workshops for staff,
workshops for the neighborhoods
to just kind of explain the new code
and kind of what's different.
So that's a really important period,
that immediate period after the adoption of the code.
- Now the second half of this slide
talks about after the effective date.
- Christian Ellis.
- Thank you, Chair.
Matt, is there a timeframe that you have seen
works better than another?
- I think six months, given the volume of things
that you still need to do, is reasonable for Denton.
Tarek also mentioned the razor ranch overlay,
finalizing that appendix.
I don't think you want to rush that stuff necessarily,
so I think six months makes a lot of sense.
- Christian Pernetta.
- So you might get to this in a second.
So when we're talking about the adoption date
and the effective date,
for things that are in the pipeline between those dates,
say we haven't gotten to final planning
or we haven't gotten to basically anything to vote on yet,
would they be subject to the new dates
or basically would they, by virtue of the fact
that they had begun the process before it went into effect,
be grandfathered in by the old standards?
- Great question.
The general rule in almost all the codes we draft
is that you are subject to the rules that are in place
when you file a complete application.
That's all gonna be laid out in this code in subchapter one.
I talked about the transition rules
from the old code to the new code.
That's where that's all laid out.
There can be some nuances to that,
and we'll talk about that with the city attorney's office,
but generally, you play by the rules that are in place
when you submit a complete application.
Something I was gonna add.
Oh, some communities give applicants the option
of complying with the new code during that interim period
between the adoption date and the effective date.
Sometimes that's just in an applicant's best interest.
They'd rather, they get a better deal.
They've got more uses available,
they've got more intensity that they could potentially do,
and so some communities give applicants that option,
and I don't think that's a bad idea.
That helps accelerate implementation of the new code.
What you don't wanna do is let someone double dip
and have partly the old code and partly the new code,
and so we'll still need to talk with the staff
and officials about that.
Scott has something to say about that.
- I always have something to say.
The reality is that, and that, I think,
is what our option is.
I think that's what we're looking to do.
We wanna provide enough grace period
that we can make certain that we have repealed everything
that's necessary, that we have a good functional document,
gives us an opportunity if we have to make any changes
we can, but however, if we have an opportunity
to also test or to use the code,
we certainly wanna explore that option,
so we don't think we're gonna have anything less than,
so why wouldn't we go ahead and go down that road, so.
- Thanks, Scott. - Thank you.
- Commissioner Ellis.
- Thank you, Chair.
On that note, he said repeal.
What is the process?
I assume that's probably a Jerry question,
but the repealing process.
- Just adding a section to an ordinance
that sections one through five are hereby repealed
as of the effective date of this ordinance.
It's a relatively simple thing,
and one of the things we actually talked about
is that a lot of the stuff that should have been repealed
back in 2002 with the DDC wasn't,
and there's really, nobody's using it anymore,
and with those provisions, they should be repealed.
They're confusing.
I can't tell you how many times I've dealt with cases
and I've had other attorneys say,
okay, I've got your standards here for road construction.
Well, yeah, no, you don't.
You got the old ones, but I got it off Municode.
Yeah, you did, I understand that,
but it wasn't repealed.
We're using these others instead.
That's a tough situation to be in,
and we'd like to be in a situation
where we could actually repeal the ones that we can early on.
The ones that are currently in use
may be more of a transitional standard,
like what we're talking about,
where you use it up to a certain point
and then the new one kicks in.
So it's just a matter of setting out the timing
in order to be compliant.
As mentioned, kind of the standard rule,
that typically applies to development standards.
It typically isn't, your zoning decisions
are not burdened by that requirement
of continuing on with what you started with,
but sometimes you have some realities of,
if you're entitled on development standards,
that can sometimes dictate whether
a new zoning is feasible or not.
So there's some difficult things to deal with,
but the short answer to your question is,
it's just a matter of putting an ordinance out.
- Now, does it have to go hand in hand
with the adoption date of this?
- Not necessarily.
Like I said, some of these things we could repeal earlier.
I'll just give you what I consider to be a humorous example.
We've got provision under the old code of ordinances
that says that the permit to do construction
in the street is $100,
because it dates back to before 1966.
And it just was never amended or changed or repealed.
That's not what we're currently charging
for a street construction permit.
But it just really needs to go away.
It has for a long time.
And just getting over the inertia
of getting that feedback together
of what we can get rid of easily has taken a long time.
But some of these other provisions,
it's a little bit more difficult
because they're currently in use by staff,
made in construction, for example,
provisions that really weren't carried forward
in the DDC the same way.
Staff has been using the old versions.
So it's, I think we can make it happen.
I think we can make it happen fairly painlessly.
- Yes.
- Commissioner Ellis, we've been working
on the repeal portion of this for months
since last fall, late summer, early fall.
So we have a very comprehensive list of sections
that we're going to repeal.
We'll be coming back before you
to kind of talk about this process and how that will go.
Ultimately, we're looking to have the ordinance in place.
So we certainly have the ordinance.
And then we can make certain
that we're repealing everything
prior to that effective date.
- I just wanted to finish the slide
just to talk about after the effective date
of the new code, where the DDC is a living document.
I've said this enough that it's becoming a cliche
in these presentations,
but it really is intended to be something
that you don't wait a full generation to update,
but that you update on a regular basis moving forward
in a thoughtful way.
We strongly encourage all the communities where we work
to track the effectiveness of the new code.
And we'll work with the staff
to think about the most effective ways to do that.
But you need to be tracking applications that come in.
You've got new thresholds for site plans.
Think about, look at the ones that come in
as major versus minor.
Step back at a retreat in a year and say,
are we comfortable that we set the line correctly
between major and minor?
Look at the variance requests that come in.
That's a good indicator of something that's broken
if you're getting consistent variance requests
on the same part of the code.
User-friendliness.
Maybe you put a survey up for the public
and say, the code's been in place for a year.
Y'all have anything to say about the user-friendliness of it?
Was it hard to find something?
Does this provision need a definition?
Does it need an illustration?
Things like that.
Then once you've got all that information
and you've tracked that on a regular basis,
many communities look at batch updates.
So some communities will say twice a year,
we'll look at edits to the DDC.
We'll put them all in a basket.
We're not gonna make our planning commission
look at these every meeting,
but twice a year we're gonna come back and say,
these are the ones that have built up.
And then you can look at them comprehensively
and how they kind of interact with each other.
That's not to say that you can't pass an amendment
if some emergency situation comes up, obviously.
But the ability to step back
and just kind of look on a regular basis
is a really good tool to ensure that this is kind of monitored
and kind of done on a thoughtful basis.
So that's our last words on this.
We appreciate your attention.
That's a lot of information.
Any additional questions
on anything that we've covered today?
- Mr. Ellis. - Thank you.
I got a quick question.
When we were talking about measurement exceptions,
and I haven't studied the table that well,
are alternative energy sources mentioned on there
like IE solar panels, yes?
- I'm pretty sure we have exceptions
to the building height requirements
for rooftop solar panels.
- Yeah, okay.
- Well, I know we have it for wind.
I actually don't think we have it for solar panels.
We have it for wind energy conversion systems
up to 10 feet beyond the height.
- We can take a look at solar panels as well.
- I would have to think so.
I mean, to me, it would be a growing thing
that's happening, so.
Okay, thanks.
- You know, I know at one point
we had talked about revising that definition of height
and taking out,
'cause we currently have two definitions of building height,
but allowing sort of an exemption for equipment,
whether it falls under that or we just need to call it out.
We have a table of allowed features
that can extend beyond the maximum building height.
We just need to see what's in that table just to confirm.
- It may be also that they could fit
within the existing building height with some planning
because I think generally speaking,
if you got solar panels,
you're gonna want a flatter roof anyway.
So is it gonna be the roof pitch
that's going to be largely a determinant of that?
- Any other questions?
- Thank you all.
- Thank you.
Appreciate it.
Richard, is there anything else for this meeting?
- No, just to, we are having a community meeting
tonight at six.
Only three of you are invited.
(laughing)
I say that jokingly, but seriously.
So I don't, I just wanted to put that out there.
I don't know how, if everyone was attending,
planning on attending.
If not, we may have to draw straws.
That was it.
- We can certainly work that out.
Seeing no other items of business,
we'll close this work session at 523.
Thank you.