1
00:00:00,000 --> 00:00:07,260
 Good evening ladies and gentlemen welcome to the planning and zoning

2
00:00:07,260 --> 00:00:11,460
 commission work session. I'll call the work session to order seeing that we

3
00:00:11,460 --> 00:00:17,960
 have a quorum at 5 0 5 and we'll begin this evening on the agenda on item 2

4
00:00:17,960 --> 00:00:22,500
 which is the consent agenda. We have three items and consent. Anyone have any

5
00:00:22,500 --> 00:00:26,940
 questions about the final plots? Commissioner Ellis. Thank you chair.

6
00:00:26,940 --> 00:00:38,040
 Julie I it's on C and it's really just for my own understanding. Please. So it's

7
00:00:38,040 --> 00:00:44,600
 the Carmel villas. Yeah so my only question on it actually was because it

8
00:00:44,600 --> 00:00:49,760
 was a final plat before but it was never recorded so is it like it never happened

9
00:00:49,760 --> 00:00:54,760
 and so we just redo a final. We're just redoing a final. Okay yeah and and it was

10
00:00:54,760 --> 00:00:59,440
 for that that that change in that right-of-way width so okay okay very good

11
00:00:59,440 --> 00:01:07,240
 thank you. Any other questions for the consent? Seeing none that moves other next

12
00:01:07,240 --> 00:01:13,920
 item of business to the public hearings. Item 3A and 3B have been withdrawn so

13
00:01:13,920 --> 00:01:19,960
 we will not be hearing those this evening. We'll skip right to 3C and 3D

14
00:01:19,960 --> 00:01:22,600
 and tonight although there'll be two separate votes we'll hear it in one

15
00:01:22,600 --> 00:01:26,680
 presentation so we'll have one presentation for C and D and then we

16
00:01:26,680 --> 00:01:33,640
 will in the public take two separate votes on that. Good evening Mr. Chair

17
00:01:33,640 --> 00:01:36,920
 members of the Commission. I'm Cynthia Kirkhoff. I'm with the city attorney's

18
00:01:36,920 --> 00:01:43,520
 office. I'm filling in for Ron Manguita on the the two public hearing items and

19
00:01:43,520 --> 00:01:58,920
 pardon my delay. So the staff has recommended okay drafting to what

20
00:01:58,920 --> 00:02:05,320
 they're called stopgap ordinances to essentially suspend the current

21
00:02:05,320 --> 00:02:11,840
 development standards that conflict with two of the House bills House bill

22
00:02:11,840 --> 00:02:18,560
 2167 which deals with the 30-day time limit to approve plats and plans and

23
00:02:18,560 --> 00:02:29,040
 then the other House bill 2439 dealing with the building material prohibition

24
00:02:29,040 --> 00:02:34,040
 just to kind of re-happen I know the the Planning and Zoning Commission has heard

25
00:02:34,040 --> 00:02:41,640
 about these two bills but 24 and 39 deals with the prohibition on the city

26
00:02:41,640 --> 00:02:47,840
 drafting any ordinance that would prescribe or limit require certain

27
00:02:47,840 --> 00:02:54,760
 building materials. House bill 3167 deals with the 30-day what's called the shot

28
00:02:54,760 --> 00:03:00,980
 clock for plats and plan approvals. These were both signed by the governor on June

29
00:03:00,980 --> 00:03:11,040
 14th they take effect September 1. Staff does or has been reviewing the the

30
00:03:11,040 --> 00:03:20,240
 current code as well as the 2019 DDC to see what changes need to be made. These

31
00:03:20,240 --> 00:03:26,440
 stopgap ordinances essentially are ordinances that the Planning and

32
00:03:26,440 --> 00:03:31,880
 Zoning Commission would consider making a recommendation onto the City Council

33
00:03:31,880 --> 00:03:38,440
 giving staff direction to follow the law with regard to the 30-day shot clock and

34
00:03:38,440 --> 00:03:46,000
 also the prohibition on the on the building materials. There's a public

35
00:03:46,000 --> 00:03:51,680
 hearing tonight with the P the Planning and Zoning Commission and next Tuesday

36
00:03:51,680 --> 00:03:56,000
 night there'll be a City Council public hearing. With that I'm happy to answer

37
00:03:56,000 --> 00:04:00,880
 any questions. Commissioner Ellis. Thank you chair because Cynthia is reading

38
00:04:00,880 --> 00:04:10,120
 through the ordinances so the 2439 draft ordinance it kept referencing bill 2497

39
00:04:10,120 --> 00:04:16,400
 can you enlighten me on that what that is enlighten us on that? The the bill 2497

40
00:04:16,400 --> 00:04:22,760
 deals with changes regarding appeals heard by the the board of his

41
00:04:22,760 --> 00:04:31,120
 adjustments. What that requires is the board to hear different types of

42
00:04:31,120 --> 00:04:38,960
 appeals and also that they any rules or regulations that they adopt would have

43
00:04:38,960 --> 00:04:45,960
 to be approved by the City Council. Okay so then is this ordinance is that this

44
00:04:45,960 --> 00:04:50,600
 ordinance would it's an it's an interim ordinance to say yes this is the

45
00:04:50,600 --> 00:04:58,400
 procedure that we will take the the board of the ZBA will adhere to this

46
00:04:58,400 --> 00:05:03,760
 this new bill. So is 2497 new as well? Correct. Okay so we had just never

47
00:05:03,760 --> 00:05:08,000
 discussed it that's where as I was reading through it I we never discussed

48
00:05:08,000 --> 00:05:11,440
 that particular House bill number so that's part of this as well. Yeah that's

49
00:05:11,440 --> 00:05:18,240
 why it's incorporated into 2439. If you if you look on page five of the draft

50
00:05:18,240 --> 00:05:25,680
 ordinance section seven it talks about amendments to the procedures for zoning

51
00:05:25,680 --> 00:05:31,160
 board of adjustment and so that's where these changes are incorporated. Okay I

52
00:05:31,160 --> 00:05:34,240
 think my confusion was I didn't realize it's actually three bills then we're

53
00:05:34,240 --> 00:05:42,040
 dealing with correct? Correct. Okay. Commissioner Pernetta. So the step stop

54
00:05:42,040 --> 00:05:49,120
 gap is simply based on enforcement right so in the event if these bills were to

55
00:05:49,120 --> 00:05:55,320
 be overturned or withdrawn our code would not change we would simply withdraw

56
00:05:55,320 --> 00:06:01,040
 that we would simply begin reinforcing them is and I guess my question is this

57
00:06:01,040 --> 00:06:04,080
 simply pertains to whether or not we enforce something are we going to be

58
00:06:04,080 --> 00:06:08,080
 changing the code or are we going to be leaving the code as is but simply not

59
00:06:08,080 --> 00:06:13,280
 enforcing it? These two stopgap ordinances basically are suspending

60
00:06:13,280 --> 00:06:17,080
 those provisions of the development code they're inconsistent with those bills

61
00:06:17,080 --> 00:06:23,240
 so there are no changes to the code in these two stopgap ordinances and Mr.

62
00:06:23,240 --> 00:06:28,120
 Drake if you have any additional comments to make. Yeah as far as you know

63
00:06:28,120 --> 00:06:32,440
 plans for amendment I think that that's something that that staff is probably

64
00:06:32,440 --> 00:06:39,600
 looking at but there's nothing in here that provides for that. And in the meat

65
00:06:39,600 --> 00:06:43,240
 so in the meantime we would simply not enforce them if these were to be

66
00:06:43,240 --> 00:06:48,800
 overturned or with or in some way you know legally reversed we wouldn't make

67
00:06:48,800 --> 00:06:54,560
 any changes to the code we would simply simply revert revoke this stopgap. Yeah

68
00:06:54,560 --> 00:07:00,600
 we would repeal these two ordinances. Okay. Or one or the other or both or

69
00:07:00,600 --> 00:07:07,240
 whichever as the case may be. Thank you. Commissioner Ellis. Thank you chair so I

70
00:07:07,240 --> 00:07:14,480
 noticed on the ordinance for 3167 had a provision in there that said City

71
00:07:14,480 --> 00:07:21,360
 Council is urged to tell their legislature to effectively repeal this

72
00:07:21,360 --> 00:07:28,980
 bill which I thought was great do we not want that in the other one? It could

73
00:07:28,980 --> 00:07:37,120
 certainly go in there if you wanted to. It was a matter of some urgency with

74
00:07:37,120 --> 00:07:44,820
 respect to the shot clock that we felt some comfort in there. I think that with

75
00:07:44,820 --> 00:07:53,480
 respect to the building materials you know I don't know that that's a would

76
00:07:53,480 --> 00:07:58,880
 necessarily be a universally held belief that we should do that. So we didn't

77
00:07:58,880 --> 00:08:02,600
 know that the entire council would necessarily endorse that just for the

78
00:08:02,600 --> 00:08:07,800
 purposes of a shot clock just for the purposes of a stopgap ordinance but we

79
00:08:07,800 --> 00:08:13,880
 felt comfortable that the council would want to reflect their desire for the

80
00:08:13,880 --> 00:08:18,920
 legislature to read this at that. I would probably want it before council to see I

81
00:08:18,920 --> 00:08:24,760
 mean I I can't believe that we would want local control taken completely away

82
00:08:24,760 --> 00:08:28,240
 from building materials we wouldn't want them to revoke that as soon as possible that

83
00:08:28,240 --> 00:08:34,240
 would be my opinion. If the Commission wanted to incorporate that recommendation

84
00:08:34,240 --> 00:08:38,360
 in there we'll modify it before we take it to council. I will let my fellow

85
00:08:38,360 --> 00:08:43,840
 commissioners think on that. And just just to clarify so what we're talking

86
00:08:43,840 --> 00:08:52,000
 about is adding in a recommendation urging City Council to to promote that

87
00:08:52,000 --> 00:08:56,120
 revocation right we wouldn't it wouldn't necessarily be that City Council would

88
00:08:56,120 --> 00:09:00,560
 have to we would just urge a resolution is that correct?

89
00:09:00,560 --> 00:09:15,480
 Well yes so one of the ordinances reads whereas a City Council City of Denton

90
00:09:15,480 --> 00:09:19,160
 urges the Texas legislator to reconsider the provisions of the act at its

91
00:09:19,160 --> 00:09:26,600
 earliest opportunity that's that's already in the ordinance for 3167 but

92
00:09:26,600 --> 00:09:39,600
 it's not in the ordinance for 2439 and to me I think that line is is well

93
00:09:39,600 --> 00:09:44,440
 stated and and to me would fit both because I don't I don't think any of us

94
00:09:44,440 --> 00:09:49,680
 are thrilled with either of these bills. So Commissioner Ellis I appreciate the

95
00:09:49,680 --> 00:09:53,240
 recommendation there's no any other questions for clarification for that we

96
00:09:53,240 --> 00:09:56,280
 can have the discussion but also if we're talking about a potential

97
00:09:56,280 --> 00:09:59,600
 amendment or recommendation I want to have that full conversation out in the

98
00:09:59,600 --> 00:10:09,720
 public but if there's no other questions is there I have two one is an assumption

99
00:10:09,720 --> 00:10:15,280
 I'm making but I'd rather have clarification the like and the ordinance

100
00:10:15,280 --> 00:10:21,520
 for 2439 the city's calling out building exemptions I'm gonna assume those are in

101
00:10:21,520 --> 00:10:24,800
 line with what we're allowed to call out as building exemptions it looks like

102
00:10:24,800 --> 00:10:32,120
 it's mostly for historical designated buildings but I'm curious on why are we

103
00:10:32,120 --> 00:10:38,000
 calling that out specifically if is that not protected by the House bill to begin

104
00:10:38,000 --> 00:10:44,440
 with so why are we being redundant to say it in our ordinance that we're

105
00:10:44,440 --> 00:10:48,600
 putting a stopgap measure on those type of buildings correct correct that is

106
00:10:48,600 --> 00:10:53,660
 just restating the exemptions that are actually in that House bill into the

107
00:10:53,660 --> 00:11:00,360
 ordinance okay and then another assumption I'm assuming that these stop

108
00:11:00,360 --> 00:11:05,080
 gap measures are temporary that at some point there's gonna be another

109
00:11:05,080 --> 00:11:09,800
 discussion before us to remove stopgap measures and actually amend our code

110
00:11:09,800 --> 00:11:14,960
 correct or is is the thought we could keep stopgap measures in for two years

111
00:11:14,960 --> 00:11:19,280
 until legislation is held again is there any wisdom and to Commissioner Prentiss

112
00:11:19,280 --> 00:11:24,680
 point instead of amending code could these stopgap measures potentially be in

113
00:11:24,680 --> 00:11:29,800
 place for two years so that we don't have to amend code and then re-amend code

114
00:11:29,800 --> 00:11:37,480
 if and when these bills are overturned correct correct they will they will be

115
00:11:37,480 --> 00:11:41,640
 in place until they repeal so I guess the discussion later on is do we just

116
00:11:41,640 --> 00:11:46,040
 keep the stopgap measures on the books for two years is there anything is there

117
00:11:46,040 --> 00:11:50,040
 any preventing the city from keeping stopgap measures in for two years rather

118
00:11:50,040 --> 00:11:57,520
 than updating or mending our code believe so okay you know it's it's just a

119
00:11:57,520 --> 00:12:02,800
 matter of choice and and I think that our outside consultant was suggesting

120
00:12:02,800 --> 00:12:08,440
 that that made I think she was actually recommending that we not amend our code

121
00:12:08,440 --> 00:12:17,240
 to to make these changes just in case that very eventuality comes to pass in

122
00:12:17,240 --> 00:12:25,240
 case the legislature revisits it we've seen with some regulations that that

123
00:12:25,240 --> 00:12:32,600
 they may provide a grandfather provision that if you had a regulation in place

124
00:12:32,600 --> 00:12:38,880
 prior to a certain date that you could keep it in place and and it may be that

125
00:12:38,880 --> 00:12:44,560
 the that if the legislature revises maybe they'll grant some kind of an

126
00:12:44,560 --> 00:12:50,320
 exception for procedures that we had in place prior to the effective date of

127
00:12:50,320 --> 00:12:58,040
 this ordinance additional question so with that in mind if we're not going to

128
00:12:58,040 --> 00:13:02,880
 be amending our code at all everyone who comes before you know planning and

129
00:13:02,880 --> 00:13:10,680
 zoning is going to have I guess a plan that is not in compliance with code when

130
00:13:10,680 --> 00:13:15,780
 we vote will the will we require the documentation attached to this to

131
00:13:15,780 --> 00:13:20,160
 include these measures so that way do you know what I mean because in essence

132
00:13:20,160 --> 00:13:24,760
 we will have a code that we're going to be aligning to that we know we won't be

133
00:13:24,760 --> 00:13:31,840
 enforcing and we will be voting for you know properties and plans that are not

134
00:13:31,840 --> 00:13:35,200
 compliant with the code under the understanding that we're simply not

135
00:13:35,200 --> 00:13:39,760
 enforcing that code is there additional documentation that we'd want to see or

136
00:13:39,760 --> 00:13:43,840
 have to have in you know in everything that's presented because of this or I

137
00:13:43,840 --> 00:13:47,800
 would imagine this ordinance would be cited in the regulation according to DC

138
00:13:47,800 --> 00:13:53,380
 19 - 6 okay we're not forcing that's what I would imagine okay yeah not all

139
00:13:53,380 --> 00:14:00,000
 ordinances of the city are codified codification provides a nice reference

140
00:14:00,000 --> 00:14:05,240
 for people to follow and and ideally that's what you would want to do but

141
00:14:05,240 --> 00:14:11,160
 there may be reasons not to incorporate a particular provision into the code like

142
00:14:11,160 --> 00:14:18,680
 if you're expecting it might be repealed and so I think that the chair is

143
00:14:18,680 --> 00:14:22,880
 absolutely correct that there's absolutely nothing that would prevent us

144
00:14:22,880 --> 00:14:30,280
 from incorporating references to these ordinances and staff reports and other

145
00:14:30,280 --> 00:14:35,240
 kinds of approvals as well okay and I guess the other question I have is

146
00:14:35,240 --> 00:14:38,840
 precedent because very often we have something come come before us you know

147
00:14:38,840 --> 00:14:43,200
 nothing happens two years later it comes back and it references you know a

148
00:14:43,200 --> 00:14:49,320
 previous approval if say something comes before us it is approved and it's

149
00:14:49,320 --> 00:14:53,880
 technically not in compliant with code but we pass it based on you know this

150
00:14:53,880 --> 00:14:59,840
 non-enforcement stopgap if it were to come back later on after a bill is

151
00:14:59,840 --> 00:15:06,960
 approved how I guess which standards would be applicable would it be

152
00:15:06,960 --> 00:15:14,160
 applicable under and non enforced code or would we be enforcing that code as

153
00:15:14,160 --> 00:15:19,760
 it's no longer the statute is something that we have to follow okay irrespective

154
00:15:19,760 --> 00:15:24,380
 of what our code says okay we have to follow the statute effective September

155
00:15:24,380 --> 00:15:28,940
 1st so I don't think that that's anything that we're going to have to

156
00:15:28,940 --> 00:15:36,720
 defend as a decision to not memorialize as a code provision but yet in

157
00:15:36,720 --> 00:15:46,320
 force the statute upon ourselves and and so we had that come up with when the

158
00:15:46,320 --> 00:15:54,360
 vested rights provision was first brought into law under chapter 245 it was

159
00:15:54,360 --> 00:15:59,840
 probably a good year or two before we came forward with a code amendment to

160
00:15:59,840 --> 00:16:07,640
 actually create a procedure in the code to model chapter 245 and in that interim

161
00:16:07,640 --> 00:16:15,560
 period we simply obeyed state law okay thank you any other questions about

162
00:16:15,560 --> 00:16:22,320
 these two ordinances mr. Cole thank you chair so we're saddled with this thing

163
00:16:22,320 --> 00:16:28,840
 legislatively for two years now right well we don't know how long the

164
00:16:28,840 --> 00:16:33,960
 legislature's gonna have to come back in session at some you know and fix this or

165
00:16:33,960 --> 00:16:41,760
 is there a legal way to fix this through the court system is that being looked at

166
00:16:41,760 --> 00:16:48,640
 or is there any you hearing anything like an adjunction yes yeah I don't know

167
00:16:48,640 --> 00:16:54,000
 you you attended the TML meeting did did did you hear any discussion of that I

168
00:16:54,000 --> 00:17:00,280
 did not attend it no there's no discussion of that sounds like we're

169
00:17:00,280 --> 00:17:09,120
 saddled with it any other questions that concludes our work session for this

170
00:17:09,120 --> 00:17:14,000
 evening I'll close the meeting at 521 we'll reconvene in council chambers at

171
00:17:14,000 --> 00:17:22,920
 630 good evening ladies and gentlemen welcome to the planning zoning

172
00:17:22,920 --> 00:17:29,280
 Commission session for August 14th 2019 seeing that we have a quorum call this

173
00:17:29,280 --> 00:17:36,720
 meeting to order at 632 31 and that's one let the record show that

174
00:17:36,720 --> 00:17:40,920
 Commissioner Beck is absent for this evening's meeting the first item of

175
00:17:40,920 --> 00:17:45,520
 business is to stand and give a pledge allegiance to the US and Texas flag

176
00:17:52,920 --> 00:18:00,240
 under God the indivisible with the liberty and justice for all I pledge

177
00:18:00,240 --> 00:18:09,920
 allegiance to the Texas one state under God one indivisible the next item of

178
00:18:09,920 --> 00:18:14,040
 businesses to consider the consent agenda

179
00:18:14,040 --> 00:18:19,520
 Commissioner Ellis thank you chair I move approval we have a motion to approve

180
00:18:19,520 --> 00:18:23,440
 Commissioner Smith second we have a first and a second any discussion on the

181
00:18:23,440 --> 00:18:30,080
 items seeing none I'll call for a vote by way of hands all those in favor all

182
00:18:30,080 --> 00:18:39,840
 those opposed abstain motion carries six zero next item of business is the

183
00:18:39,840 --> 00:18:45,640
 public hearing as a point of agenda clarification items 3a and 3b have been

184
00:18:45,640 --> 00:18:51,200
 withdrawn from this evening that'll move us directly into items 3c and 3d

185
00:18:51,200 --> 00:19:00,240
 I'll open the public hearing for both 3c DCA 19 - 6 and 3d DCA 19 - 0 0 7

186
00:19:00,240 --> 00:19:04,080
 invite Cynthia for presentation

187
00:19:13,640 --> 00:19:17,840
 thank you mr. chair members of the Commission I'm Cynthia Kirkoff of the

188
00:19:17,840 --> 00:19:23,160
 city attorney's office I'm filling in for Ron Mangida you have in front of you

189
00:19:23,160 --> 00:19:33,480
 tonight two different stopgap ordinances that are on the agenda to deal with or

190
00:19:33,480 --> 00:19:40,080
 address two house bills that were adopted this past session the first one

191
00:19:40,080 --> 00:19:48,680
 is house bill 2439 the second one is house bill 3167 these were passed on

192
00:19:48,680 --> 00:19:56,920
 June 14th and are in effect September 1 this these stopgap ordinances will give

193
00:19:56,920 --> 00:20:05,240
 staff time to draft amendments to the code development code the first house

194
00:20:05,240 --> 00:20:13,760
 bill is relating to the building materials what it will do is suspend

195
00:20:13,760 --> 00:20:19,800
 enforcement of those provisions of the code that specify building materials and

196
00:20:19,800 --> 00:20:29,540
 allow staff time to propose amendments to the current DDC as well as the DDC

197
00:20:29,540 --> 00:20:36,800
 that's takes effect October 1 there's another bill in this first ordinance

198
00:20:36,800 --> 00:20:41,960
 it's house bill 2439 and that really deals with the Board of Adjustments and

199
00:20:41,960 --> 00:20:47,360
 their procedure when they can hear appeals from administrative decisions

200
00:20:47,360 --> 00:20:53,200
 the the third bill and this would be the second ordinance item D this deals with

201
00:20:53,200 --> 00:20:59,960
 30-day shot clock for plats and plans what this stopgap stopgap ordinance

202
00:20:59,960 --> 00:21:10,360
 will do is allow the current code to stay in place and require staff to follow

203
00:21:10,360 --> 00:21:16,640
 that new bill where any plats and plans have to be either approved approved with

204
00:21:16,640 --> 00:21:23,960
 conditions or disapproved with reasons within 30 days after being filed with

205
00:21:23,960 --> 00:21:28,680
 that I'll stand for any questions that you have you city presentation any

206
00:21:28,680 --> 00:21:37,560
 questions I don't see thank you this is a public hearing anyone wishing to speak

207
00:21:37,560 --> 00:21:45,000
 may certainly do so seeing none I will close the public hearing for both item

208
00:21:45,000 --> 00:21:50,160
 C and D and the chair will entertain a discussion or motion for item 3c

209
00:21:50,160 --> 00:21:56,400
 mr. Smith motion to approve item 3c we have first for approval

210
00:21:56,400 --> 00:22:04,480
 mr. Sanchez make us a second it okay we have first and second for approval any

211
00:22:04,480 --> 00:22:08,560
 discussion on the item question Alice thank you chair with regard to this

212
00:22:08,560 --> 00:22:14,640
 ordinance I was wondering if we could add to the motion a recommendation to

213
00:22:14,640 --> 00:22:19,040
 add to the ordinance whereas the City Council of the City of Denton urges the

214
00:22:19,040 --> 00:22:23,520
 Texas legislature to consider the provisions of the act at its earliest

215
00:22:23,520 --> 00:22:29,400
 opportunity mr. Smith you accept the friendly amendment thank you and mr.

216
00:22:29,400 --> 00:22:36,200
 Sanchez are you okay with seconding that yes any other discussion on the item

217
00:22:36,200 --> 00:22:42,840
 seeing none I'll call for a vote by way of hands all in favor all opposed

218
00:22:42,840 --> 00:22:49,160
 abstained motion carries 6-0 now the chair will entertain discussion or a

219
00:22:49,160 --> 00:22:57,920
 motion for item 3d Christian Ellis Mr. Pernitta second we have a first and a

220
00:22:57,920 --> 00:23:04,400
 second for approval any discussion seeing none I'll call for a vote by show

221
00:23:04,400 --> 00:23:10,360
 of hands all those in favor all those opposed abstained motion carries 6-0

222
00:23:10,360 --> 00:23:15,480
 that concludes the agenda for this evening special call the P&Z meeting I

223
00:23:15,480 --> 00:23:21,400
 will close the meeting at 637 thank you