Sep 21, 2023 Committee on Persons with Disabilities on 2023-09-21 3:00 PM

September 21, 2023 Committee on Persons with Disabilities

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So that they don't have to be in a certain district. Oh, one other thing for you. I can't wait to come in on Friday morning with you. Any comments on the minutes or did you call that out? Public comments. Oh, public comments, I'm sorry. [inaudible] I'm going to wait several minutes. A second? Yeah. [inaudible] We do need to take it off. Okay. [inaudible] [inaudible] One of the priorities of this committee was to have a discussion on elections and accessibility. And we're getting them really right up under the wire as we're getting close to an election. We have two representatives from different county elections who can carry a presentation about this topic. And I'll let them come up and let me cue up your presentation. And you guys feel free to introduce yourself to the committee. Here's the Flickr out Promise. And let me get your presentation going. I'm Cindy Cowden. I do the absentee ballots for vote by mail. I'm Paula Pascoe, the training coordinator there at Dink County. And do you all want to be a poll worker? [laughter] I'm trying to figure out how to go full screen on this thing. There we go. Let me see. Yeah, I can see it now. I'm sorry, I'm going to have to look. Or if you want to stand, you can stand. I thought I had any glasses and they're not as big as I wanted them to be. All right. And do y'all know where we are at Dink County? We have no one, Kimberly. And what do they call it? Administrative complex because it's all county buildings in there. And I need to talk to you about that first. I'll be right here. Okay, the things that we offer to voters with disabilities, well, to anybody actually, but those with disabilities, we have curbside voting and I'll talk about that. The judges in the polling place have the authority to move someone with a disability up to the front of the line and go cut the butter and go into the line. Assistance, all of the workers are trained and so they can assist the voter if they need assistance or they can bring in their own assistant with them. They just have to swear at them nicely. Our access rider, our verity equipment and absentee buddy by mail, which is Cindy Sporte and she's going to talk about that. But curbside, if you were unable to get out of your car to be able to come into the polling place, actually, we just got these yesterday or today, new signs, and they'll be on those white sandwich board jobs. And the way it's worded, it's only available for voters physically unable to enter the polling place without the likelihood of meeting personal assistants or injuring their health. That's the way it is. The old one used to have the handicap, the wheelchair thingy on it, and that's gone away. And we have, this is new also, you can call our number, which is our main line, and one of the agents will take the number, your name, what you drive, and then we contact the judges and say, "Paula Paschal is outside and she's driving a green Toyota," or whatever. And they will take the piece of equipment out there to be able to vote that voter in their car through the window. And now that there's a text, and I don't know how that's going to work yet, because I just found out that you can text our office and say the same thing. Here's who I am, this is what I'm driving. So I have to find out how to do that. I want to start my training tomorrow. I'm at any voting location, you can call and say, "I'm at downtown." Is that early-end election day voting? Yes. That's great. So that is new. And so what they do, y'all voted in, didn't get me? Right. Okay. I figured you did. They'll take the pole pad, it's a tablet, out to the car, and check in the person, and she signs it and everything. They bring it back inside the house, I mean, in the polling place, they bring it inside, and they submit it, get a ticket, scan the ticket, and it gets that person's personal ballot right then and there. They'll take the ballot back outside on a clipboard, have them fill it out however they want to vote. If they need assistance, then their assistant can help them do it and mark it the way they want to if they have mobility problems or whatever. And then we'll say we, poll worker, will ask if they want the assistant to bring it back inside and put it into the scan that drops in the ballot box, or if it's okay if poll worker does it for them, they tell them which way they want to do it. And then we say don't leave until I go like this. All is good, it dropped, it's in the ballot box. Because if they made a mistake, they voted yes instead of no, or voted yes and no, it's going to kick it back out. So we say stay right here until we come and tell you it's all is good. So it's actually very easy, except for when it's raining. It's the only time it's not really good. So we have the curbside. Now it's not mobile voting, and I have to really stress that, and I'm sure y'all know, it's not like a drive-through. It's for the people that can't get out of the car to be able to come into the polling place. And they can't ask them, well, what's your disability? They don't do that. Voting order of priority, like I said, the judge can move people up to the front of the line so that if they're on crutches or it has a whole bunch of reasons up there, oxygen, all these things, they can move them up to the front easily. Our Verity Access Rider. So you voted so you know what our Verity equipment looks like. We have Verity Print, Verity Access Rider, Verity Scan. The Access Rider allows somebody to vote if they have a hearing. Deaf or hard of hearing is the way I had a person in there in my class a couple of years ago, and she said, "It's not a hearing impairment. It's called deaf or hard of hearing." Yes, ma'am. Let's change that real quick. Or sight impaired or mobility impairments. If they want to use that one by themselves, that's fine. They can listen to the ballot or if they don't have a sight problem, they can see the ballot. They can use that. They can use the touch screen on the Verity Access Rider and do it themselves. But if they need an assistant, any of our workers can help them or they can bring their own assistant. All righty, and that's what it looks like right there when it's opened up. And that has to be opened every day during early and on election day. I can't just hide it in the corner so nobody messes with it. It has to be opened up. So you have the headphones, the tactile switches, which we call jelly switches or squishy, and the sip and puff device. I've been doing elections or working with elections in city government and now in the county since 1987. I've never seen somebody use a sip and puff device, but I know that they're out there and they bring it themselves. They bring it to the polling place for health and safety reasons, that kind of thing. All righty, so that's what we have. And then does every voting location has the Verity Access by law? Yes, sure do. Does that produce a paper ballot or is it electronically? Well, you can choose to do an electronic, well, electronically vote, but you're going to get a paper ballot. Yes, you want me to click? And cities of the Voodoo group have been there 26 years. So going back to your equipment, can any of these be brought to the vehicle for the curbside? Unfortunately not, because it's on a table and a stand and it weighs 32 pounds. Some pool workers won't be able to get it out there. We have an application for a ballot by mail, we call them ABVMs, and there are people that are over 65 or have a disability. They request these annually, so all the elections that we have through the year, they'll get a ballot if they're eligible to vote in that election. Like Paula said, we don't ask what their disability is. If they check disability, we go with it. We don't call the person to vote it up and say, "What's your disability?" We don't do that. For next year, this is really important, for next year, during the primary elections, if they want to vote in the primaries, they need to check which party they want to vote in. If they do not check that, we do not send them a ballot. But there is a space on the application that says, "Do not send me a primary ballot." So if that's checked, they're fine. But if they do not check the Republican or Democrat party they want to vote in, we'll send them a letter saying that we received your application, but you did not check which party you wanted to vote in. So an independent voter couldn't vote? No, just during the primaries, we have a Republican and Democrat primary only. Thank you. And I wanted to add something, but I forgot. Oh, y'all probably know this, but a lot of people don't, because they moved here from another state, that you have to declare a party, not in Texas. Not in Texas. You can vote in the our party and the primaries and the runoff, but then come November, you can vote for these. It doesn't matter. But I think I get one or two calls a week about that. I don't know, you probably get a whole lot more. You know, I need to declare which party I'm in, but you don't do that in Texas. So are both the drivers our identification number and social security number as well? It's best if you put both of them on there, because every once in a while, somebody will get, like they have old driver's license, and then when they get renewed, they can't drive anymore, they issue an ID. They'll give us their ID number, but in our system, we'll have the driver's license. So we taught people it's best to put both of them on there, because we just have to accept one. So if the DL number is wrong, if the social security number matches up, the application is good. And then what I usually do, if the DL number doesn't match, I'll send them a voter registration card saying that your ID number did not match our system, please fill out this application and mail it back in. That way we can update our system with their new ID number. That was my next thing. Okay, so what we need on here is the person's name, the residency address, where they live at, and then if they need their ballot mailed to a nursing home or the children's address, they'll have to put that on there where they want their ballot mailed to, and what that other address is, how's it related to them, why they want their ballot mailed to. And then, check the reason why you're voting by mail. And like I said, the people that are over 65 or have a disability, if they check annual application, they'll get it throughout the year. And then, if they do check 65, but they don't check annual application or whatever election they want to vote in because they can just vote in a single election, our office will consider that an annual application. If they don't check 65, but they don't check which election they want, so 65 or have a disability, don't check the election, we consider that an annual application. And like I said, for next year, they'll need to check the party, what party they want to vote in, and then we need their signature. If they had somebody to assist them with the application, where they filled out the application, then the voter signed it. We need the person's name and address who assisted them with the application, or if the person, the voter cannot sign their application, then they need to be a witness also. So they need to check the witness and assistance, and then they need to tell us, if they witness their signature, they have to tell us how they're related to that person. And then, like I said, these are good, if they do annual application, oh, and if students, we got a lot of students, they have to put their out-of-county address where they want their ballot mailed to. We cannot mail it to them here, to the parents' house, and then the parents forward it to them. We have to know their address so we can mail it to them where they're in school and that. And then when you get your ballot, you vote your ballot, and it's very important on the carrier envelope, before you seal it up, there's a place where you put your ID number and your social security number. Again, just put both of them on there in case one of the numbers are wrong, and if everything matches up, like if your ID doesn't match, but your social security match, we'll accept that. So we always tell people it's best to put both of your ID number on there and your social security number, because if one doesn't match, if the ID doesn't match, and you give it to social security, that's defective to us, and we have to send them a letter. And then they'll have to wait until they get the new information and then we can process the application. That's the eye on the applications. I think everything she said is on there. So that's the services that we offer. And that's across the state, actually, in the state of Texas, the election code is a three ring binder with over 600 pages of law. Sorry. A lot of people don't get that, and so you can tell your friends, because you've heard it now straight from us, what they need to do if they want to. One more thing, the students cannot do annual applications. They have to apply for each election that they want to vote in. So the only ones that can do annual applications are over 65 or people with disabilities. Is there a thing about pregnancy? Yes, and there is one on here that says you're expecting maybe three weeks prior to the elections or three weeks after the election. Really? Yes. They can vote by mail now. We don't question that one either. We have some really honored two-year-olds. Oh, we get those sometimes. They come with mom. Do you want to ask a question? This is good information for us to link to from the city's voting web page. Is there like a web resource where all this is spelled out, where you can direct people? We have a web page where all this information is on there. It's on vote.gov. Vote.gov. Just click on it. It's like six or eight different ads on there. And then there's like vote by mail, that's my registered voter, so it's like in an upcoming elections, and I have the polling locations on there for early voting and election day. Is there a web page that has all the disability resources that you all put here, or is that kind of a different page? I'll get with Brandy on that, our elections administrator, and see if she can take this presentation. I know a person. You can click onto the Secretary of State, and they should have all that on the Secretary of State's web page. You can get on our web page and then click on the Secretary of State's and they'll get you to the Secretary of State's web page. There's something else when you say that, I was going to tell you. And then we also post on early voting and for mail ballots also. We'll post them the next day, the people that have voted early. And all that's going to put down there is their ID number, their name, and what location they voted at. And the same for the mail ballots, what mail ballots came back in, women, mountain women, their receipt back in. Those are posted on our web page daily. I'll let them record the next day. Because a lot of candidates want to know who not to vote. You know, oh, she's already voted, I'm not going to call her, that kind of thing. But it's out there. Our applications are on our web page. Okay, great. Thank you. It's great information. Well, that's the benefit of their assistance. Some of this needs assistance. So they can still do this. But if I need assistance with their ballot, I'll just sign the bottom of this if I need assistance. I haven't seen us. Are we letting them start by October 23rd? I thought it was the 2nd. 2nd? Or 3rd? I don't know if they all know. I thought it was something. Yeah, I thought that was it. Y'all have a good meeting. One more thing, annual applications are good for one calendar year only. So we begin to need to fill out a new application for annual applications. Thank you so much. Thank you. And this is more of a regular update for you guys. We have Mia back today. And I have to click her for you, Mia. Yes. Sorry. That's okay. Don't be sorry. I might have to share one. So what I just passed out is our flyer for this season. The one that was in the folder was just finished in the summer, so I wanted you all to have an updated one. So thank you all for having me back. My name is Mia Macy. I'm the Adapted and Inclusive Recreation Coordinator for Parks and Rec. I got my master's in Kinesiology for Adapted Rec from Texas Women's. I have a couple adapted specific certifications, and I've been in this position for coming up on two years. So for Adapted Rec, our goal is to provide opportunities for people with disabilities to engage and participate in all of our parks and rec programs. And our Adapted Rec programs specifically are designed exclusively for people with disabilities to kind of be in that least restrictive environment for them to have the most success in those programs. And then the other half of my job is inclusion. So this is where it covers all of inclusion across all of our parks and rec programs. So I work with the different instructors, the different staff to make sure that if anybody comes and says, hey, I want to participate in karate, they don't have an adapted karate class, can I join the general one? I'll be like, yeah, let me figure out what you need. What would work best to have them succeed in that? So a list of current programs. So majority of these should be on there, but just getting a couple stats. So we still are doing our indoor and outdoor sports program. We were golfing yesterday and we got rained out. So that was a little bit unfortunate. And we have, yeah, still about, our numbers have gone up a little bit. So right now we're currently seeing about 40 to 50 participants across two classes. We, I'll touch on it a little bit later, but we work with several of the high schools and group homes in the area. So we're kind of getting more of that. So it's really been great to increase our numbers. Same with our art classes. We pretty much, everybody that comes to sports also comes to art. And those are our weekly occurring programs. The new one that has been added, the Special Olympics, which realizing now that this is a little outdated as far as my numbers, we just submitted for our bowling competition next month and we had 30 athletes sign up. So that one has really jumped in numbers and it's been going very well. And Mark hosted the Special Olympics regional tennis tournament and in November we'll be hosting the community. It was community barbecue. I think now it's just community dinner in November, November 11th. All right, social connections. This one is occurs monthly. So it's a social event to come and participate and kind of engage with some of their peers that maybe they're not seeing every day. If they are in school and things like that. We actually have it tomorrow. We're going to the Sky Theater over at UNT over to the planetarium. So that's kind of the one that we've gotten the most excitement from. Our dances, dances still going very strong. Those have jumped a lot in numbers. I think the last time that I was here, we were seeing about 30 participants. Now we're on average seeing about 60 to 70. So that one, yeah, we have tons of people in that one. Yeah, and we're kind of outgrowing direct center. So that's a good problem to have. Our community involvement. Part of this is volunteering and participating in some of those community wide events. One thing that I realized and then I left off of this is we are including more of the sensory friendly spaces for all of our large scale events. So for Easter, I think was the last one that we had one at, we had a sensory room there in the civic center. And I think that we saw about 150 people pass through it in the three hours of the event. We also had a sensory friendly icon this year that was added. So those programs have really been getting a lot of engagement and haven't seen a lot of success in those. So we are definitely trying to add more of those and have them more built into all of our centers and facilities. I think, yeah, we have three weeks to camp this year. One of them, we were a little bit late on marketing. So we ended up rolling the participants into the next camp. But the other two weeks were great. All right. Some of our new and upcoming programs. So some of these already started. The music and art one, again, was marketing issue. So hopefully we'll jump into that for October. But we did start a veterans outdoor program. So we partnered with the North Texas VA and they brought out a group of I think it was 15 of their participants that regularly participate in programs in sports. And they came out and did an archery event. And then we have a couple more planned throughout the year. Some of our adaptive equipment has been really helpful for this to provide some of these outdoor experiences for these veterans who are used to that and have done that all their lives. And now they're still able to continue and participate just like their new life. So that has been a really great one. That also is open to all residents specifically targeted for veterans. But you don't have to be part of the VA system to participate in that. And then our music and art class. This one is designed for children because we've been kind of lacking in children's programs because of timing and everything. So that one's one that we are excited to be bringing. It'll be on Thursdays at North Lake Direct Center. And then our Miracle League Baseball. This is a partnership with Miracle League. It's a national organization that does a disability baseball league. We just started that one. Our first game was on Saturday, this past Saturday. We have 25 athletes and then another 30 buddies that partner with the athletes to participate. And then we probably had about 75 spectators out there as well. We're using Evers Baseball Field over at Evers Park. And that one we worked with our athletics department and also Denton Boys Baseball to create a nice, safe, friendly, helpful environment. Everybody, that was a big collaborative project. So we're excited that it's been going so well. So some of our past programs, these ones we did not redo for this year for various reasons. Our summer sports sampler, because of trying to offer more weeks of camp, that one just kind of got mixed in favor of some other programs that have been a little bit more successful. And then our health and wellness program, that was a one-time program that we did. It was a 16-week health and wellness that taught education as far as health, how to exercise, what's foods that you should be leaning towards and avoiding. That one had really good success. We had six participants and overall they lost 18% body fat, 19 pounds, and five and a half inches from their waist. So our current partnerships, so like I said, we work with Denton ISD's transition program. We work with all four of the high schools. So all four of them are attending those weekly classes. And then the socials as well. And then we have a couple that come in for the dances. The dances are in the evenings, so it's their parents that bring them. And so it's great that even outside of school they're still participating. And we also, Sanger, Crumb, and Ponder ISD's also are participating. Yes, ma'am. Denton ISD transition. So is that special ed at Denton ISD? Yes. So it's their post-grad special ed program. So it's 18 to 22. Cool. Thank you. Of course. And then, like I mentioned with the other one, the game of Texas, Special Olympics of Texas, and then Miracle League of Texas are all ones that we are currently actively partnering with and are participating in our programs. So some future goals, like I said, increasing our children's programs is kind of their main priority at this point because of our adult and transition programs being very successful. We're kind of like, they're all in a good place. Let's move on to a different underserved population. So that has been something that we, the barrier with that is staffing. So we had a staff that was working in the summer. Whenever school started, they no longer worked with us. So we're currently in the process of revamping that job position and having that staff, having some new staff at it so then that way we could be successful in that program. What program? Our children's programs. We also are working to increase our DISD partnership for BC through 12. So we got the transition kids. We want the ones that are in school. And part of that is with expanding children's programs offerings. And then creating a variety of formats. So we've started to do this by Miracle League and Special Olympics is for the last year and a half, our programs have been recreation only basically. So now trying to add more competition into it and create more of an advanced engaging opportunity for the participants that are seeking that out. So our other future goal is our Inclusive Playground. This is on Prop C for the bond. The figure for this is $3.45 million and it will expand the footprint of the playground. And this is at North Lakes Park. It will expand the footprint of the playground as well as creating a fully inclusive play space. I'm one of the project managers on this. So I'm working with the parks planning as well as the design company to create a beautiful, lovely playground. We saw some concept images and it looks really cool. So that's all I got. Any questions? Yes. The veterans program was July 20, 2023. When's the next one? There was supposed to be one this week on Tuesday that was going to be kayaking. But the area that we go kayaking, the water level is really low. So we had to cancel that one. So the next one will be, I don't have the date, but it's the third Tuesday in October, I believe. And we're going hiking. Ambition. So is there typically like a third Tuesday? Yes. That's the schedule that we're following. We're currently also trying to reopen that program for next year and add it two times a month. Have a weekday Tuesday one and then a Saturday offering as well. As far as the sports and the Special Olympics goes, is this all ages or what are we looking at? So that one is adults because of the very good Special Olympics program. So trying not to step on their toes and say their good graces. So we have adults. Gotcha. Next participation numbers, are they people with disabilities only or the entire program? No, so that's people with disabilities only. We don't count the caregivers and assistants that come. Just so that way we have a bit more accurate participation numbers. Thank you so much. Thank you all. Mr. Chair, may I ask a quick question? Is this, I should know, but I don't, is there like a web page that has all this information specific to Adaptive Correct? Yes, I don't know if it's completely updated, but on the Denton Parks. On the parks page? Yeah, one of those. There's a tab that's for Adaptive Correct. Oh, if it's okay, I'll work with Mia and make sure that there's nothing obsolete in there. I'll send that out to you guys and that way you all can spread it. Excellent. Thank you. [inaudible] We do? So, let me pull up your presentation. I'm going to click for you. This is Julie Wyatt with our Development Services Department. Thank you. Hi. Hi. I'm Julie Wyatt. I'm a principal planner with the city. I have a presentation. Oh, right and left. Here we go. All right. So, today we're talking about reasonable accommodation, group homes, community homes, and elderly housing. So, our agenda, we're just going to talk about the Code of Ordinances versus the Denton Development Code. Some key concepts and then those improvement needs and those proposed changes. So, just a little bit of background. As I said, I'm a planner with the city of Denton. We work with our things like our zoning regulations, our development regulations. I know this group probably spends most of their time working with the Code of Ordinances. Am I correct on that? But my role is with the Denton Development Code. So, it's with this book right here. So, the Code of Ordinances is really that administration of the city. And then the Denton Development Code is what controls the built environment of the city. We look at things like land use where houses should go and restaurants should go and factories should go. Things like site design of any particular commercial project. The extension of infrastructure, tree preservation, landscaping, parking, redevelopment, and then building expansions. It also, the Denton Development Code outlines processes for a variety of applications related to these topics. We provide limitations on particular uses, which zoning districts allow those uses. How much a lot or parcel can be covered by a building. And then how a use can be developed. So, those are the things that we look at in the Planning Department. Today's discussion is focused on the Denton Development Code, not so much the Code of Ordinances. So, I am less familiar with the Code of Ordinances. So, if you ask questions about that, I might have to have Ryan help you. But the Denton Development Code is what we're going to be talking about today. So, first we're going to talk about some key concepts. So, in terms of the Denton Development Code and what we're talking about today, how does the law generally define a disability? So, there really are two elements. There's got to be a physical or mental impairment that substantially limits one or more. Major life activities. And there has to be a record of such impairment. That's probably something that this group is familiar with. One thing that we did talk about in terms of these code amendments is that disability does not include current use or addiction to drugs and alcohol. But those in recovery can be considered disabled. Reasonable accommodation. I know that these are questions that you'll look at as part of this group. But in terms of the Denton Development Code, a reasonable accommodation would be like a physical change or something physical associated with that property. And it would be a change, exception, or adjustment to a rule or policy that is necessary to remove barriers so that a person with a disability can enjoy housing similar to persons who don't have a disability. Courts have determined that it must be necessary and it must be reasonable. And so those are two key concepts that we looked at when we looked at these code amendments. So, what are some examples? As I mentioned in the Denton Development Code, we talk about how much of a lot can have a building. Well, as part of that, we have setbacks. So, for instance, a house would have to be set back 10 feet from the street or 20 feet. So, a reasonable accommodation may be that you need to encroach in that front yard setback to allow for a carport, to allow someone who has an adaptive van to enter and exit that vehicle and not get in the rain. So, those are some of the reasonable accommodations that might be associated with the Denton Development Code. We looked at the state of Texas rules, as well as the federal rules related to housing and disabilities. And of course, those rules prohibit any discriminatory practices. So, what we want to make sure is that all of our regulations within the city are consistent with those rules. There are a couple of particular land uses, particularly residential land uses that we often see with persons with disabilities, and those are community homes for the disabled and then group homes. Community homes for the disabled are very specific land uses. They are regulated by the state of Texas, and they have very specific regulations. For example, no more than six persons plus caregivers can live in the home. They can't be within another half mile of another community home. There are regulations related to parking. They have to be licensed very specifically. So, those are very specific regulations. They also have to be permitted in all residential zoning districts. And then a group home, you know, we hear the term group home. It's used a lot, but it really is an umbrella term. There is not a specific defined group home within state law. In fact, there's 24 different kinds. So, we looked at those state laws as we were looking at our Denton Development Code regulations. So, keeping that background, those key concepts in mind, we reviewed our regulations and our Denton Development Code, and we tried to keep two things in mind. One, we wanted to make sure that we were very, very clear for not only staff, but also the community, and also that we wanted to be in line with all state law and federal law regulations. So, those were the things that we looked at when we were reviewing our code regulations. So, the first thing, and really there were five things that we felt like needed some cleanup, that didn't quite up to snuff. So, we looked at our reasonable accommodation regulations. They were kind of hidden. They were hard to find, not only for staff, but for the community. They were very limited, and they lacked that clear procedure. So, we felt like we need to tune this up. We also looked at our use regulations related to community homes, group homes, and we factored in elderly housing as well. We looked where those uses were permitted, and then we also looked at those use-specific standards associated with each of those uses. We looked at the regulations related to the maximum persons occupying a dwelling, and we realized there was no exception for community homes, group homes, and elderly housing. So, we needed to tighten that up, and then parking, we looked at those, and then also definitions. So, we're going to go over these with a little bit of detail. I promise that I'll try to keep it not completely boring. So, first, our reasonable accommodation. As I mentioned, it was hard to find. It was real limited. It was hidden under our minor modification regulations. It was limited to very specific things, things like setbacks, off-street parking, building height, building coverage, and it only allowed 10% modification. So, just doing a simple math, if there is a 10-foot setback for a residential property, and the house was at that 10-foot setback, but someone needed a carport in order to enter and exit their vehicle, they could only get a one-foot encroachment. That wasn't sufficient. We really needed to open that up, make it broader so that there could be more flexibility. Our current regulations allow for director discretion, and then any other accommodations had to go through the variance procedure with the zoning board of adjustment. And that is a board that really isn't set up to review these types of requests. So, we have proposed changes. They are, I believe, all of the changes in your backup. I won't read all of those to you. If you have any specific questions, I can try to answer them, but this is just an overview. So, we created a separate procedure. We added it in the table of procedures, and that way, if a community member or a staff member is looking for it, it will be a little more obvious to find. We wanted it to be sufficiently broad to capture every instance that might be necessary, but there are also limitations that the intent is to remove barriers for persons with disabilities, but not to change our fundamental zoning regulations or create an undue financial burden on the city, and this is consistent with state and federal law. So, for instance, you might need a modification to setback or building coverage or even something like tree preservation requirements. If you needed a parking spot close to your front door, but there was a preserved tree right there, those might be some instances where that would make sense to do that reasonable accommodation. But you couldn't necessarily say, hey, I want to run a business out of my home as a reasonable accommodation, because that would fundamentally alter our zoning regulations. So, those are some of that fine line and that needle that's going to have to be threaded with this process. We are requiring, as part of the process and application, and the owner's signature, for instance, if it is a rental situation, we want to make sure that any owners are aware of structural changes to their properties, but no fee, because we wanted to make it as simple as possible. We also added a time limit that it should be a 30-day process. There are some opportunities to slow down that process, but we wanted it to be quick, because if someone needs an accommodation, we don't want to drag it out. The proposed regulation would put that approval process with the city manager or designee. That would be a really streamlined process, but any appeals would follow that appeal procedure, and it would go to city council. So, if somebody felt like that it wasn't approved, maybe in the way that they needed it to, they could appeal that city manager decision to city council. And then any accommodations would be subject to our non-conforming regulations in subchapter one of the debt and development code. That would be in that instance where a person who had that disability or who needed that accommodation maybe no longer lives in that property. And so, for instance, if they got a larger patio or front porch associated with that accommodation, and then they sold the property, the next person who came in couldn't necessarily enclose that porch and then say, "Well, I'm going to keep going in that encroachment into those setbacks or those deviations from those regulations." So, we want to make sure that we take care of our folks within our community, but once that need is gone, that property would come into conformance. Any questions on that? Sorry, it's a lot. Okay. So, now that was our reasonable accommodation procedure. Now I want to talk quickly about the table of allowed uses. As I mentioned, at the top of the regulation, we're talking about community homes for the disabled, group homes, and then elderly housing. So, we kind of looked at our table of permitted uses and said, "Okay, are we allowing them in the right spots?" So, at the top of the graph, you've got all of our zoning districts, our mixed-use districts, corridor, and then other non-residential things like general office, light industrial districts. Consistent with state law, community home is permitted in all of our zoning districts or residential zoning districts, and that includes residential and our mixed-use. Mixed-use allows multifamily, and that could certainly be a possibility or something like a four-plex. So, elderly housing, it is currently permitted with a specific use permit in R6 and R7. It's allowed in our mixed-use neighborhood and mixed-use downtown and mixed-use regional. We are proposing to add a specific use permit to suburban corridor and highway corridor and then remove it from general office. So, just if you'll indulge me. R6 and R7, those are neighborhood, maybe a little bit moderate-density neighborhood zoning districts. Specific use permit is a use that is probably okay in that zoning district, but it needs a little bit of scrutiny, a little bit extra review, and so it has to go to city council for approval. So, elderly housing is one of those uses that could go from like a residential type housing all the way to a really big institutional type building. So, it kind of runs the gamut. So, that specific use permit is important because that is our neighborhoods, and we want to make sure that we just keep an eye out, make sure any intensity or the size of the building would be consistent with the surrounding properties. Mixed-use districts, those are areas we often find like downtown is mixed-use downtown. So, it allows that use. Mixed-use neighborhood is often at our intersections of maybe collector streets and arterials, places where you have that neighborhood shopping. And so, it might be appropriate to have an elderly housing use there, or it is appropriate to have an elderly housing use. So, that's why it's permitted there. And then suburban corridor and highway corridor. When I think of suburban corridor, the number one place that comes to mind is university, because that is a highly trafficked corridor within our community, kind of a suburban development pattern. And then highway corridor, I-35. So, once again, because elderly housing can run the gamut, we thought, you know what? We probably need to add that with a specific use permit in those zoning districts to allow that use. We are proposing to remove it from GEO. GEO allows some industrial type uses, so maybe heavy truck uses, maybe not a place we want to put our elderly community members. So, we're actually proposing to remove it. A group home, any questions on elderly housing? Okay. A group home, we are proposing to also add it with a specific use permit to R1 and R2 districts. That way, it will really be consistent with our community home for the disabled. But it does require a specific use permit in all of those districts. Group homes can sometimes be a little more intensive than a community home. It can allow more people, and so we need that additional scrutiny approval from council, this public hearing process. We also are proposing to update our use specific standards for all of these uses, mostly for clarity, not really changing the intent, but just to make sure, once again, that our regulations are really understandable by our community members, as well as something for staff to apply. Our current regulations are a little iffy, so we are proposing to remove some maximum square footages for elderly housing for that R6 and R7 districts. Once again, because they're going to have to go to council to approve that use, we felt like, you know what, that is belt and suspenders enough. And then also to clarify the design standards, have more residential design standards for those residential type elderly housing, and then more commercial design standards for the institutional, those more nursing home that you would see. Community homes, our current regulations, our current use specific standards for community homes are squished with group home, so it's kind of a free for all, so we're just separating those out. Having community homes have their own separate use specific standards, they're really following state law. We have a maximum six persons per dwelling with the caregivers and those separations and then that licensing requirement. And then group homes, we are proposing to simplify the use specific standards, remove redundancies, and then clarify the specific application requirements. For parking, we looked at our parking regulations, went ahead and just put them consistent with state law for community home, one space per bedroom. We thought, you know, if it's good enough for community home, let's make that for a group home as well, so one space per bedroom. And then elderly housing, because of the variability, it's just direct director determination. So this is a summary of what all of the changes that are being proposed, I won't read all this to you, I promise, except for I do want to just note the other. We, as I mentioned, we're adding that exemption for the maximum persons occupying a dwelling for all of these uses. And we are also updating our definitions for disability, so it's consistent with state federal law with that addition that it would include that former use of controlled substances and or alcohol that really is consistent with case law. And then remove redundant definitions that are just, they're not adding clarity and they're just making it confusing. So that really is that that is it in a nutshell. We are these code amendments are going to City Council next week. And the Planning and Serving Commission has looked at it and has approved it approval. So I will be happy to answer any questions and that is our presentation. Yes, ma'am. On the group home, it seems to me most people that are living in a group home aren't going to need a parking space each person. It just seemed a bit excessive. Well, that is a really good comment. We are proposing to update our definition to group home where you don't necessarily have to have a disability for that group home. That it could be persons with disabilities or could just be someone who needs a watchful environment. So, you know, for instance, especially the definition. So, you know, it could be a I know we have a couple of these in our community, a group home for persons who are in active, active recovery, and they'll be going to work every day. They may have a car. So it was something that we struggled with and but but we felt like, you know, to kind of adequately capture it all, just have one space per bedroom. And then and then that way it would hopefully not create impacts to surrounding neighborhood, you know, or and maybe not be too excessive. So, but you did bring up a good point on parking. The city is undertaking a citywide parking study that's going to be upcoming. So it's it's something we're looking at as a city more broadly. So I've ridden the bus with the people when the group homes and substance abuse. So they all rode the bus. None of them had cars. So that's what I'm saying. My experience has been people in a group home don't have cars. That is a great comment and I will I'll you know we'll know that it's necessary to cut back. But I just say it just seems like a far too high. That is a really good comment and we'll definitely keep that in consideration and because I didn't make a good point. Absolutely. That's my experience as well. It was hard to follow. I'm sorry. Okay. What about affordable housing in general for seniors and not what I'm not talking about disability access. I'm just talking about affordable housing for seniors and people with disabilities. That is a topic near and dear to my heart and it is something that the city is definitely taking seriously. We this we had a an affordable housing toolkit that was adopted last year and that was really a policy document that the city worked on in order to figure out what we can do to to assist our community members with affordable housing. So it is they are taking that toolbox and I can get a copy of it to Ryan so he can send it out if y'all would like to look at it on and our our our partners here in our in development services are actually working on implementing some of those strategies associated with it. So it's to be continued on that one as well because it's it's definitely something we're looking at. Are they including like mixed use neighborhoods in the bond. Yes, is that so it's it's it's not assigned to any specific project. But what it is it's going to be a kind of a bank of funding that can be used for to incentivize a number of potential affordable housing projects. So the goal and how we do not specific to the bond money but how we try to do a lot of our affordable housing is to leverage where dollars we have to try to incentivize private sector to build more affordable housing. So that we can in some way make it you use our funding to make it financially more worth their while to do so we try to do that rather than say build our own affordable housing project. I love this as you're building things I'd love to encourage you to think about building housing within mixed use retail and other spaces to create more walkable neighborhoods in our community. This is one of the biggest problems I see for disabled folks that you know transportation is really difficult here still. So having housing near places where you shop grocery store easily. Yes, hospitals, doctors. Yeah. She's a planner she loves to do that. Last year we did adopt an update to our comprehensive plan, we are actually working on three small area plans within the city and Isaiah is on our steering committee for one of our small area plan so on that is always top of mind to look at that. And, and so we, we do have zoning districts that that are encouraging all of that mix of uses, or we can always do better right so that is, that is a great comment and. Yeah, maybe we could come back and talk about like mixed use districts and that would be fine. Can I go back on her comment. We talked about the parking study that's being done. Is there something we can do to make sure that they specifically look at these type of homes and how parking is used, making sure that's captured in that data. Yeah, yeah. Yes, absolutely. And, and, and I am presenting this to counsel next week so we can kind of, you know, kind of talk about that and see, I mean they may have they may have another record, you know, another decision, besides what's what's been recommended here so. But I will, we think, let me do for their transportation folks because they're working on that RFP for that parking study, and we're, we're looking at, you know, all aspects associated with parking, and that might be something that we add in, I know that one of the tenants we were thinking about parking is affordability and parking. And so, it all kind of goes hand in hand I think so, it is, it is something that we, I can absolutely talk with our transportation folks and see, and then maybe as part of the study, we can kind of look at different, different populations and see how how parking is used. Where are their homes, and, and then, and then where we locate their homes to make sure that people can get around. I had one kind of off this subject a little bit but since your development project playing. Is there anyone that ever. When somebody brings like we want to bring this project we're going to put, you know, because they'll get apartments on this corner here. Is there anyone that ever says wait we don't have the resources for that. I mean electricity, water, natural gas, it just seems to me that that's a big problem in the state that like, come on in, yeah, we want to have you here and then it's like whoa, because you don't like your electricity just a little bit more, you know, could you do this a little bit more. As part of our review process we do live to make sure that that project can be served. Now it may not. We may not really have the ability to look at structural issues associated with the energy grid or something to that effect but we do look at from a local level as to whether that project can be served we often have, whether we have the local resources. Yes, yes. And so, if there is capacity we've been in water sewer we also multifamily typically that type of project will trigger something called a traffic impact analysis, where they, they look at those existing traffic counts they look at how those intersections around them are functioning. And then they, they look at what their impact is. And then they project it out to a certain time in the future. And then they, and then they propose, maybe things that they would need to do to alleviate any impact that they would have so it is something that's looked at with every project. Kind of related to that question there are cities will place moratoriums on development, because they do not have the infrastructure. And there was a new story about one somewhere in Texas today. They didn't have the wastewater infrastructure. So they had to say we can't accept any more development in this particular area of town, because we will not be able to provide you with wastewater services until we catch up. Oh, I'm very relieved to hear that it's happening anywhere. Well, you know, it did. The toilet. It's got to go somewhere when you flush the toilet. I know, but it just seemed to me like no one really cared about that. Cities will that's, you know, one of the benefits of having water plants that we do comprehensive plans that we do is we can project where the growth is going to happen and make sure that we have access to those services ahead of the development or at least at the same time or where they can easily connect in to it. So that's why when you see we have a billion plants in the city of Denton. It's hopefully to stay ahead and get ahead of what's going to happen in the future so we're not caught in those types of situations. Thank you very much. It was a great presentation. Classes where you are. It's a little bit over your head. You're trying to keep up, but you did a good job. Thank you. It wasn't boring. I try not to be. It's the most fun classes. Mr. Chair, so during the presentation, Vice Chair did leave and we lost our form. I recommend that we adjourn the meeting. We've done the substantial presentations and the one, the only one left can be done at the next meeting. But without a form, I don't recommend we continue on. So we'll do our goals for next year, next week. We can do that in November and it will still be ahead of 2024 or so until we lose anything. Actually, you can just adjourn the meeting.
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