1 00:00:00,000 --> 00:00:04,380 Good evening, ladies and gentlemen, and welcome to the Planning and 2 00:00:04,380 --> 00:00:08,900 Zoning Commission Work Session for September 18th, 2019. 3 00:00:08,900 --> 00:00:14,420 Seeing that we have a quorum, I will open this meeting at 5.08 PM. 4 00:00:14,420 --> 00:00:16,820 The first item on our agenda is to receive a presentation and 5 00:00:16,820 --> 00:00:20,780 hold discussion regarding the 2019 Denton Development Code project types and 6 00:00:20,780 --> 00:00:23,900 development process, and I believe Julie Wyatt will be presenting this evening. 7 00:00:29,420 --> 00:00:32,100 >> Good evening, I'm Julie Wyatt, Senior Planner with the City of Denton. 8 00:00:32,100 --> 00:00:40,780 And tonight, I am presenting the Planning Boot Camp Series. 9 00:00:40,780 --> 00:00:43,140 I know we've talked about these before. 10 00:00:43,140 --> 00:00:45,820 Some of this is gonna be review for some of you. 11 00:00:45,820 --> 00:00:49,500 But because we do have a new Denton Development Code that was adopted earlier 12 00:00:49,500 --> 00:00:52,980 this year, we felt like it was an important time to come talk to you about 13 00:00:52,980 --> 00:00:56,520 what those project types are, what those processes are, and 14 00:00:56,520 --> 00:01:00,460 just kind of revisit some of that information. 15 00:01:00,460 --> 00:01:01,740 So this is gonna be a series. 16 00:01:01,740 --> 00:01:06,860 Tonight's the first, and we'll continue on with some trending topics. 17 00:01:06,860 --> 00:01:12,920 So tonight, we're gonna have an overview about who we are, and what we do, and 18 00:01:12,920 --> 00:01:14,300 why we do it. 19 00:01:14,300 --> 00:01:18,140 We're also gonna talk about sub-chapter two, the Administration and 20 00:01:18,140 --> 00:01:21,540 Procedure sub-chapter in the 2019 Denton Development Code. 21 00:01:21,540 --> 00:01:23,820 We'll go a little deeper in that sub-chapter. 22 00:01:23,820 --> 00:01:27,300 And as part of that, we're gonna talk about project types, approving body, and 23 00:01:27,300 --> 00:01:28,740 some other information. 24 00:01:28,740 --> 00:01:31,020 And then we're gonna have a brief discussion about the shot clock. 25 00:01:31,020 --> 00:01:33,060 That might be something that y'all are familiar with, and 26 00:01:33,060 --> 00:01:36,120 we're just gonna talk about how it's gonna affect you and some of our processes. 27 00:01:36,120 --> 00:01:43,860 So the overview, first of all, I wanted to talk about why we do what we do, 28 00:01:43,860 --> 00:01:50,100 why you spend two nights a month here making decisions and 29 00:01:50,100 --> 00:01:52,660 listening to cases and what all of this means. 30 00:01:52,660 --> 00:01:56,500 So I looked at the Denton Development Code, and really, 31 00:01:56,500 --> 00:01:59,780 page one kind of outlines it pretty well. 32 00:01:59,780 --> 00:02:04,500 And that our purpose is to promote the health, safety, and welfare of the residents, 33 00:02:04,500 --> 00:02:08,260 to implement the comprehensive plan, to preserve and protect the natural 34 00:02:08,260 --> 00:02:12,100 environment, to improve the city's appearance, improve mobility, 35 00:02:12,100 --> 00:02:17,340 facilitate adequate public infrastructure, encouraging appropriate use of the land, 36 00:02:17,340 --> 00:02:19,420 and also establish procedures. 37 00:02:19,420 --> 00:02:22,420 So how do we do that? 38 00:02:22,420 --> 00:02:27,420 We have some tools in our toolbox in order to achieve those purposes. 39 00:02:27,420 --> 00:02:31,660 The first one is zoning, and zoning, as you're familiar with, 40 00:02:31,660 --> 00:02:36,100 is really the use of the land, what you can do on your property. 41 00:02:36,100 --> 00:02:39,580 And then the scale of which you can build or develop that property, and 42 00:02:39,580 --> 00:02:43,140 the intensity of the activities on that site, maybe the density or 43 00:02:43,140 --> 00:02:47,660 what kind of, how those facilities would be used. 44 00:02:47,660 --> 00:02:49,820 We also have platting in the toolbox. 45 00:02:49,820 --> 00:02:51,620 That establishes lot boundaries. 46 00:02:51,620 --> 00:02:55,700 It provides for right of way dedication, easement dedication, 47 00:02:55,700 --> 00:02:58,660 also for the extension of public facilities. 48 00:02:58,660 --> 00:03:00,620 We have development standards. 49 00:03:00,620 --> 00:03:05,860 Those introduce things like environmental regulations, parking regulations, 50 00:03:05,860 --> 00:03:09,060 tree preservation, landscaping, site design. 51 00:03:09,060 --> 00:03:12,940 Things, elements having to do with lighting and drainage. 52 00:03:12,940 --> 00:03:14,060 We have criteria manuals. 53 00:03:14,060 --> 00:03:18,060 That's something we don't often talk about at the Planning and Zoning Commission. 54 00:03:18,060 --> 00:03:22,940 But in our, we do have criteria manuals, which are really kind of those technical 55 00:03:22,940 --> 00:03:27,580 documents, particularly for engineering when you're talking about designing 56 00:03:27,580 --> 00:03:31,700 drainage systems, water systems, and our roadways. 57 00:03:31,700 --> 00:03:33,460 And then process. 58 00:03:33,460 --> 00:03:38,740 Process probably isn't the most exciting thing we do or talk about, but it is vital. 59 00:03:38,740 --> 00:03:43,780 Because it truly makes sure that we treat everyone fairly, and 60 00:03:43,780 --> 00:03:47,540 that we are consistent and predictable in our timelines and then the outcomes. 61 00:03:47,540 --> 00:03:50,100 It's a criteria for approval. 62 00:03:50,100 --> 00:03:51,860 And we also want to make sure the requirements are met. 63 00:03:51,860 --> 00:03:58,020 If we didn't have processes, how would we know that we got everything we needed on any 64 00:03:58,020 --> 00:04:00,180 individual project? 65 00:04:00,180 --> 00:04:04,620 And just some fun facts for the 2019 Denton Development Code. 66 00:04:04,620 --> 00:04:10,180 That's the document that helps us, that really lays out those tools in that toolbox. 67 00:04:10,180 --> 00:04:12,060 And it includes nine subchapters. 68 00:04:12,060 --> 00:04:15,780 It has 480 pages, if you've read it all. 69 00:04:15,780 --> 00:04:20,100 And there are 17 zoning districts in there. 70 00:04:20,100 --> 00:04:23,620 So we're not going to go over all of the subchapters tonight. 71 00:04:23,620 --> 00:04:24,980 We're just going to take one. 72 00:04:24,980 --> 00:04:27,500 And we're not going to really dig into all of it. 73 00:04:27,500 --> 00:04:29,780 We're not going to do a page turn of subchapter two. 74 00:04:29,780 --> 00:04:32,380 What we're going to do is just hit some highlights. 75 00:04:32,380 --> 00:04:37,400 And talk about how those projects that you'll see more often and those processes. 76 00:04:37,400 --> 00:04:41,400 So it is the second longest subchapter in the Denton Development Code. 77 00:04:41,400 --> 00:04:43,340 It's got a, it's pretty information dense. 78 00:04:43,340 --> 00:04:44,820 It's got a lot in it. 79 00:04:44,820 --> 00:04:47,540 Once again, probably not the most exciting chapter. 80 00:04:47,540 --> 00:04:49,860 But it is really, really important. 81 00:04:49,860 --> 00:04:51,820 And it is organized into seven sections. 82 00:04:51,820 --> 00:04:55,060 And in my brain, I think of it in, I kind of split those up. 83 00:04:55,060 --> 00:05:01,140 The first three, you've got the summary table of all of the projects and those review procedures. 84 00:05:01,140 --> 00:05:05,100 It kind of is a snapshot of everything that's in that subchapter. 85 00:05:05,100 --> 00:05:09,420 It kind of goes over those review and decision making bodies. 86 00:05:09,420 --> 00:05:13,460 Those basic duties of those entities that are responsible for administering the Denton 87 00:05:13,460 --> 00:05:14,940 Development Code. 88 00:05:14,940 --> 00:05:21,500 It is not a full outline of all of the, the regulations or policies that affect the Planning 89 00:05:21,500 --> 00:05:22,500 and Zoning Commission. 90 00:05:22,500 --> 00:05:28,220 Some of that is in the code of ordinances, but it does provide some direction. 91 00:05:28,220 --> 00:05:29,660 Common review procedures. 92 00:05:29,660 --> 00:05:33,540 This is just that general process and general criteria for approval. 93 00:05:33,540 --> 00:05:36,380 That's something new to the 2019 Denton Development Code. 94 00:05:36,380 --> 00:05:41,820 In the 2002 Denton Development Code, we just had criteria for approval for each project 95 00:05:41,820 --> 00:05:42,820 type. 96 00:05:42,820 --> 00:05:43,860 The general ones. 97 00:05:43,860 --> 00:05:48,100 So we have the general and then specific for each project. 98 00:05:48,100 --> 00:05:53,760 And then the second bucket that I look at of the seven sections would be the more specific 99 00:05:53,760 --> 00:05:56,540 detailed information for each project type. 100 00:05:56,540 --> 00:05:59,700 So it goes into development permits and procedure. 101 00:05:59,700 --> 00:06:05,500 That brings in the zoning compliance, also known as the site plan, specific use permits 102 00:06:05,500 --> 00:06:06,980 and temporary use permits. 103 00:06:06,980 --> 00:06:09,460 It talks about subdivision procedures. 104 00:06:09,460 --> 00:06:11,740 That is all things platting. 105 00:06:11,740 --> 00:06:13,300 Plan and DDC amendments. 106 00:06:13,300 --> 00:06:17,780 That brings in zoning, PDs and comprehensive plan amendments. 107 00:06:17,780 --> 00:06:19,560 And then flexibility and relief procedures. 108 00:06:19,560 --> 00:06:22,980 That's where you bring in the variances and the alternative ESAs and finally historic 109 00:06:22,980 --> 00:06:25,260 preservation procedures. 110 00:06:25,260 --> 00:06:30,140 So we're going to dive into some more specificity on select project types. 111 00:06:30,140 --> 00:06:33,060 I won't talk about all of them tonight. 112 00:06:33,060 --> 00:06:36,060 But the first one we're going to talk about is annexation. 113 00:06:36,060 --> 00:06:40,640 That's not something that P&Z really sees very often. 114 00:06:40,640 --> 00:06:42,340 But it is kind of foundational. 115 00:06:42,340 --> 00:06:45,040 What it does is it extends the boundaries of our city. 116 00:06:45,040 --> 00:06:50,020 So when a property is annexed, that then moves the boundary of our city. 117 00:06:50,020 --> 00:06:55,620 A municipality in the state of Texas can annex area that is only in its extraterritorial 118 00:06:55,620 --> 00:06:56,620 jurisdiction. 119 00:06:56,620 --> 00:06:58,100 That's that ETJ. 120 00:06:58,100 --> 00:07:01,660 Or if the municipality owns that property. 121 00:07:01,660 --> 00:07:04,660 And just ETJ, just wanted to define that. 122 00:07:04,660 --> 00:07:07,460 That is -- that's unincorporated area. 123 00:07:07,460 --> 00:07:11,800 That's outside of our municipal boundaries, but contiguous to our corporate boundaries. 124 00:07:11,800 --> 00:07:14,500 So that's where our ETJ is. 125 00:07:14,500 --> 00:07:20,300 And you can find the regulations for annexation in section 2.7.5. 126 00:07:20,300 --> 00:07:21,920 It doesn't have a whole lot of detail. 127 00:07:21,920 --> 00:07:24,820 It really refers you to the Texas local government code. 128 00:07:24,820 --> 00:07:28,980 That's where we really get all of our procedures and timelines for that. 129 00:07:28,980 --> 00:07:30,220 It doesn't go to P&Z. 130 00:07:30,220 --> 00:07:34,020 It goes to city council for approval or denial. 131 00:07:34,020 --> 00:07:35,340 Comprehensive plan amendments. 132 00:07:35,340 --> 00:07:37,340 It's not something we see very often. 133 00:07:37,340 --> 00:07:41,820 It might be something that we start to see more frequently with the adoption of the new 134 00:07:41,820 --> 00:07:43,900 Denton development code. 135 00:07:43,900 --> 00:07:48,300 But broadly, a comprehensive plan establishes the vision for our growth. 136 00:07:48,300 --> 00:07:51,580 It shows how all of the parts of the community come together. 137 00:07:51,580 --> 00:07:57,440 And that can be land use and transportation, housing and parks, how they all interplay 138 00:07:57,440 --> 00:07:59,780 and work together. 139 00:07:59,780 --> 00:08:04,420 Ours includes a land use plan, a mobility plan, infrastructure plan, housing plan and 140 00:08:04,420 --> 00:08:05,940 others. 141 00:08:05,940 --> 00:08:10,060 The Denton plan 2030, which hopefully all of you have a copy. 142 00:08:10,060 --> 00:08:12,260 If you don't, we can get you one. 143 00:08:12,260 --> 00:08:14,760 It was adopted in 2015. 144 00:08:14,760 --> 00:08:20,260 And typically, comprehensive plans have a 20-year time rise and sometimes 30 years. 145 00:08:20,260 --> 00:08:22,740 But it really should be updated every five years. 146 00:08:22,740 --> 00:08:26,580 That's kind of the industry, the planning standard is to update them every five years. 147 00:08:26,580 --> 00:08:30,660 And I believe we're going to be starting that pretty soon in the city. 148 00:08:30,660 --> 00:08:33,220 You know, conditions change within a five-year span. 149 00:08:33,220 --> 00:08:37,420 So it's really important that you continuously look at where you are and where you want to 150 00:08:37,420 --> 00:08:38,420 go. 151 00:08:38,420 --> 00:08:42,500 As I said, we don't often see comp plan amendments. 152 00:08:42,500 --> 00:08:48,620 But you can amend the comp plan for maybe specific parcels or specific areas and not undertake 153 00:08:48,620 --> 00:08:52,460 the entire update. 154 00:08:52,460 --> 00:08:59,860 And our -- the 2019 code provides provisions for that, some processes as well as criteria 155 00:08:59,860 --> 00:09:00,860 for approval. 156 00:09:00,860 --> 00:09:09,340 And it really -- it looks at maybe changing conditions, trends in certain specific areas 157 00:09:09,340 --> 00:09:15,180 where we may want to amend that land use plan, particularly that land use map. 158 00:09:15,180 --> 00:09:18,180 It follows the zoning procedure. 159 00:09:18,180 --> 00:09:22,340 So staff would recommend approval or denial. 160 00:09:22,340 --> 00:09:25,340 There is a public hearing that's required with a public notification. 161 00:09:25,340 --> 00:09:31,540 PNZ will provide a recommendation and then council would approve it. 162 00:09:31,540 --> 00:09:35,260 So here's a couple of maps because we're planners, so we have to look at maps. 163 00:09:35,260 --> 00:09:41,420 On your left here is a depiction of our city of Denton boundaries. 164 00:09:41,420 --> 00:09:45,740 Generally where they are, that is in the yellow sort of color. 165 00:09:45,740 --> 00:09:47,540 And then the ETJ is outside of it. 166 00:09:47,540 --> 00:09:51,060 So you can see our ETJ extends pretty far past our boundaries. 167 00:09:51,060 --> 00:09:56,140 I believe because of the size of our city, our ETJ extends five miles from our municipal 168 00:09:56,140 --> 00:09:59,260 boundaries generally. 169 00:09:59,260 --> 00:10:01,900 So here's what our ETJ map looks like. 170 00:10:01,900 --> 00:10:05,500 And then we have a map you all know and love. 171 00:10:05,500 --> 00:10:08,100 That is our future land use map. 172 00:10:08,100 --> 00:10:11,300 And that really is one of our guiding documents within our city. 173 00:10:11,300 --> 00:10:15,500 We look to that when we're looking at really anything that we do. 174 00:10:15,500 --> 00:10:20,940 Here's the Denton plan 2030 cover just so we all remember what it looks like. 175 00:10:20,940 --> 00:10:24,940 We also -- you see zoning minutes, that's probably one of the major things that you 176 00:10:24,940 --> 00:10:25,940 see. 177 00:10:25,940 --> 00:10:27,220 You see them often. 178 00:10:27,220 --> 00:10:33,460 This is a regulatory tool and it allows us to implement our comprehensive plan. 179 00:10:33,460 --> 00:10:37,220 The Texas local government code outlines what zoning regulates. 180 00:10:37,220 --> 00:10:41,140 And that is height, number of stories, size of buildings, percentage of lot that can be 181 00:10:41,140 --> 00:10:48,020 occupied, size of yards, courts and other space, density, location and use of buildings, 182 00:10:48,020 --> 00:10:51,340 and then historical designations and building bulk. 183 00:10:51,340 --> 00:10:55,180 A zoning amendment or a zoning just broadly has two parts. 184 00:10:55,180 --> 00:11:03,060 It has a map and then it also has that code, the text that tells you what that map means 185 00:11:03,060 --> 00:11:05,820 and what all of those colors on the map mean. 186 00:11:05,820 --> 00:11:12,100 And in our 2019 Denton development code just to give you a lay of the land, our subchapter 187 00:11:12,100 --> 00:11:17,060 three provides the dimensional requirements, how big the lots have to be, what setbacks 188 00:11:17,060 --> 00:11:21,100 you have, how tall the buildings can be, and then the use regulations are in subchapter 189 00:11:21,100 --> 00:11:22,100 five. 190 00:11:22,100 --> 00:11:28,660 And we'll look at that chart in just a minute. 191 00:11:28,660 --> 00:11:34,000 If someone -- if a property owner or developer wants to amend the zoning map, so they want 192 00:11:34,000 --> 00:11:39,460 to change the color or the zoning designation on a map, they would follow the procedures 193 00:11:39,460 --> 00:11:42,700 in section 2.7.2. 194 00:11:42,700 --> 00:11:49,500 It does require a public hearing, so it requires that notification, both mailing -- or mailing 195 00:11:49,500 --> 00:11:53,620 notification on the website, signs on the property and also publication in the paper. 196 00:11:53,620 --> 00:11:57,440 It comes to the Planning and Zoning Commission for a recommendation and then City Council 197 00:11:57,440 --> 00:12:01,000 ultimately approves or denies it. 198 00:12:01,000 --> 00:12:02,000 So this is new. 199 00:12:02,000 --> 00:12:08,780 I don't know if you all have really had a time to dig into the 2019 code, but our land 200 00:12:08,780 --> 00:12:12,580 use tables have changed slightly. 201 00:12:12,580 --> 00:12:16,140 All of the zoning districts are the top row. 202 00:12:16,140 --> 00:12:18,780 Those correspond to colors on a map. 203 00:12:18,780 --> 00:12:24,140 So all of these colors will tell you what zoning district you have, and then you cross 204 00:12:24,140 --> 00:12:29,420 reference that with the text of the code, and it tells you what uses are permitted in 205 00:12:29,420 --> 00:12:33,980 that zoning district. 206 00:12:33,980 --> 00:12:35,100 So plan developments. 207 00:12:35,100 --> 00:12:37,860 It's kind of new old, the City of Denton. 208 00:12:37,860 --> 00:12:40,460 Prior to 2002, we had plan developments. 209 00:12:40,460 --> 00:12:44,700 We have a few legacy plan developments that are still around, think of Robeson Ranch or 210 00:12:44,700 --> 00:12:48,220 the preserve at Pecan Creek. 211 00:12:48,220 --> 00:12:50,340 Some of those are still developing. 212 00:12:50,340 --> 00:12:55,540 But in 2002, the city did away with plan developments, and we just went kind of straight -- we call 213 00:12:55,540 --> 00:12:58,700 it straight zoning, where you just look at those zoning districts. 214 00:12:58,700 --> 00:13:00,580 They're back. 215 00:13:00,580 --> 00:13:08,500 And they're really intended to provide flexibility for developments to -- where maybe they can't 216 00:13:08,500 --> 00:13:12,220 meet the strict application of the Denton development code, because they're wanting 217 00:13:12,220 --> 00:13:16,700 to do something more innovative, do something a little more creative. 218 00:13:16,700 --> 00:13:21,500 It shouldn't be used if a rezoning or specific use permit could handle what they're wanting 219 00:13:21,500 --> 00:13:28,700 to do, but if they are trying to do some sort of comprehensively planned development, it's 220 00:13:28,700 --> 00:13:31,220 a really good tool. 221 00:13:31,220 --> 00:13:36,980 Any PD you're going to look at will include a map, and then development standards. 222 00:13:36,980 --> 00:13:40,460 And those development standards should address any deviations from the Denton development 223 00:13:40,460 --> 00:13:42,220 code. 224 00:13:42,220 --> 00:13:48,460 One caveat, the code does not allow deviations from any gas well regulations, environmental 225 00:13:48,460 --> 00:13:51,760 regulations or tree preservation regulations. 226 00:13:51,760 --> 00:13:56,180 In order to enact a PD or to make a major amendment to a PD, it follows that zoning 227 00:13:56,180 --> 00:14:01,900 process, and that is the two public hearings, one at P&Z and one at council. 228 00:14:01,900 --> 00:14:06,980 With that public notification, P&Z will make a recommendation, and then council will approve 229 00:14:06,980 --> 00:14:09,180 or deny. 230 00:14:09,180 --> 00:14:13,340 Here's one of our legacy PDs, just so you can kind of look and see what -- I know most 231 00:14:13,340 --> 00:14:20,820 of you are familiar with them in our city, but this was a comprehensively planned plan 232 00:14:20,820 --> 00:14:23,780 development with nodes of commercial activity. 233 00:14:23,780 --> 00:14:24,780 There's commercial here. 234 00:14:24,780 --> 00:14:29,980 This is Teasley Lane, if you're familiar, and then here's 2499 kind of snaking up. 235 00:14:29,980 --> 00:14:36,340 There's also commercial here surrounded by residential and open space with amenities. 236 00:14:36,340 --> 00:14:41,740 That PD also had laid out the infrastructure, which is the street, drainage, and then there's 237 00:14:41,740 --> 00:14:49,720 also some -- I believe some power lines running through it. 238 00:14:49,720 --> 00:14:53,660 Specific use permits are projects that you see from time to time. 239 00:14:53,660 --> 00:15:02,020 This is uses that require specific use permit are generally thought to be maybe okay in 240 00:15:02,020 --> 00:15:07,620 any specific zoning district, but they just require a little additional scrutiny. 241 00:15:07,620 --> 00:15:13,420 Maybe there is activities associated with that use that could create impacts for the 242 00:15:13,420 --> 00:15:14,660 surrounding property. 243 00:15:14,660 --> 00:15:21,540 So it requires a little closer look from both staff, planning and zoning, and city council. 244 00:15:21,540 --> 00:15:27,340 What we want to do is ensure there's compatibility with those surrounding properties and if there 245 00:15:27,340 --> 00:15:31,060 are impacts, there's mitigation for those impacts. 246 00:15:31,060 --> 00:15:35,100 If you look at the use tables in subchapter 5, anything marked with an S, that requires 247 00:15:35,100 --> 00:15:37,420 an SUP. 248 00:15:37,420 --> 00:15:42,420 We typically require a site plan, a landscape plan, and elevations of any structures at 249 00:15:42,420 --> 00:15:44,640 a minimum with SUPs. 250 00:15:44,640 --> 00:15:49,140 Sometimes additional studies are needed, things like traffic impact analysis, maybe even drainage 251 00:15:49,140 --> 00:15:55,140 analysis, something to that effect, and it once again follows the dual public hearing 252 00:15:55,140 --> 00:16:04,580 procedure, P and Z, council, notification, and then ultimate approval by council or denial. 253 00:16:04,580 --> 00:16:07,860 Here's an SUP that may look familiar. 254 00:16:07,860 --> 00:16:15,860 This was a multifamily development that came before you earlier this summer, and we looked 255 00:16:15,860 --> 00:16:20,580 at the site plan, see where those buildings were placed in relationship to the surrounding 256 00:16:20,580 --> 00:16:21,580 neighborhoods. 257 00:16:21,580 --> 00:16:25,820 We looked at the landscape plan, see what kind of buffers were between that use and 258 00:16:25,820 --> 00:16:31,220 any adjacent properties, and then we also looked at transportation in the area, make 259 00:16:31,220 --> 00:16:37,460 sure traffic impacts were mitigated and that we had a full understanding of what those 260 00:16:37,460 --> 00:16:41,420 impacts would be for that use. 261 00:16:41,420 --> 00:16:44,140 And then we come to the flexibility and relief section. 262 00:16:44,140 --> 00:16:51,340 So I know I've mentioned environmental regulations or environmentally sensitive areas this evening. 263 00:16:51,340 --> 00:16:52,900 Wanted to go in a little bit further detail. 264 00:16:52,900 --> 00:16:56,140 I know you've got a project that's coming before you tonight that addresses those. 265 00:16:56,140 --> 00:16:57,940 We'll just hit on some high points. 266 00:16:57,940 --> 00:17:04,020 So our environmentally sensitive areas are addressed in section 7.4 in the debt and development 267 00:17:04,020 --> 00:17:05,020 code. 268 00:17:05,020 --> 00:17:06,380 That's where those regulations are. 269 00:17:06,380 --> 00:17:11,700 These are areas that are natural or ecological resources and where we limit the land-disturbing 270 00:17:11,700 --> 00:17:12,700 activity. 271 00:17:12,700 --> 00:17:18,460 And we really have three that we see most often in terms of development. 272 00:17:18,460 --> 00:17:23,300 Cross-timbers upland habitat, those are the remnants of the cross-timbers forest. 273 00:17:23,300 --> 00:17:27,900 They have to be at least 10 acres or larger. 274 00:17:27,900 --> 00:17:35,220 And residential development may remove 50% of the habitat, and then non-residential development 275 00:17:35,220 --> 00:17:36,900 can remove 30%. 276 00:17:36,900 --> 00:17:40,580 So when you think cross-timbers upland habitat, think trees. 277 00:17:40,580 --> 00:17:41,580 That's really what that is. 278 00:17:41,580 --> 00:17:44,060 It's the habitat of that old forest. 279 00:17:44,060 --> 00:17:49,780 A riparian buffer or water-related, those are areas near either within 50 or 100 feet 280 00:17:49,780 --> 00:17:55,060 of a center line of a stream or on the outer edge of a water body or something like a wetland. 281 00:17:55,060 --> 00:17:59,820 New structures are prohibited, and vegetation removal is prohibited, except for maybe some 282 00:17:59,820 --> 00:18:04,580 small vines or brush where they needed that for drainage, needed to clear it. 283 00:18:04,580 --> 00:18:09,340 And then undeveloped floodplain, that's something -- riparian buffers and undeveloped floodplain 284 00:18:09,340 --> 00:18:10,860 are often nested together. 285 00:18:10,860 --> 00:18:13,700 They're kind of put on top of each other. 286 00:18:13,700 --> 00:18:17,620 Undeveloped floodplain is within that FEMA 100-year floodplain, and it has to be in a 287 00:18:17,620 --> 00:18:18,620 natural state. 288 00:18:18,620 --> 00:18:22,180 It's treated the same way that riparian buffers are treated. 289 00:18:22,180 --> 00:18:29,020 So because development activity in these environmentally sensitive areas is limited, we do have a relief 290 00:18:29,020 --> 00:18:33,860 procedure in subchapter 2, and that is the alternative ESA plan, which is what you're 291 00:18:33,860 --> 00:18:36,180 going to be discussing tonight. 292 00:18:36,180 --> 00:18:38,180 It provides an option for developers. 293 00:18:38,180 --> 00:18:44,320 It provides a flexible discretionary process to address not only, you know, the intent 294 00:18:44,320 --> 00:18:49,740 of why those ESAs are there, to that environmental protection, but also what mitigation they 295 00:18:49,740 --> 00:18:54,020 can provide and how that development is going to move forward. 296 00:18:54,020 --> 00:19:00,180 It follows the zoning procedure, the two public hearings, public notification, recommendation, 297 00:19:00,180 --> 00:19:03,920 and then approval or denial by council. 298 00:19:03,920 --> 00:19:07,300 And here is just a map of some of our ESAs. 299 00:19:07,300 --> 00:19:13,700 So you can see there are sort of fingers that snake through our city, and these are kind 300 00:19:13,700 --> 00:19:16,540 of all of them, once again, nested on top of each other. 301 00:19:16,540 --> 00:19:26,700 But you can see that there are times and instances where the ESAs and the development may create 302 00:19:26,700 --> 00:19:29,820 some conflict or some overlap. 303 00:19:29,820 --> 00:19:34,180 And so that's why we've got that alternative ESA process, for us to take a little closer 304 00:19:34,180 --> 00:19:43,380 look at it, make sure that we're protecting the environment, but also providing some flexibility. 305 00:19:43,380 --> 00:19:44,380 And then platting. 306 00:19:44,380 --> 00:19:47,500 We see a lot of platts. 307 00:19:47,500 --> 00:19:51,940 Typically they're on your consent agenda. 308 00:19:51,940 --> 00:19:56,900 So the subdivision section in subchapter 2 outlines a lot of platts. 309 00:19:56,900 --> 00:20:01,300 We're just going to talk about the preliminary, final, and replat and the vacating platts. 310 00:20:01,300 --> 00:20:03,740 So preliminary plat is what it says. 311 00:20:03,740 --> 00:20:10,420 It really is that first look, that first review of an overall plan for a subdivision. 312 00:20:10,420 --> 00:20:16,360 Both residential and commercial, it will lay out lots, roads, driveways, utilities, drainage. 313 00:20:16,360 --> 00:20:21,180 It is that conceptual preliminary review of that development. 314 00:20:21,180 --> 00:20:25,780 We look to make sure lots meet the minimum dimensions for the zoning district and also 315 00:20:25,780 --> 00:20:30,060 demonstrate that there's adequate access and infrastructure would be provided. 316 00:20:30,060 --> 00:20:32,340 Staff will review it and provide a recommendation. 317 00:20:32,340 --> 00:20:36,620 You'll see this column maybe looks a little different than how you've always addressed 318 00:20:36,620 --> 00:20:42,020 it and that P&Z can either approve or deny a plat and we're going to talk about that 319 00:20:42,020 --> 00:20:45,220 shortly. 320 00:20:45,220 --> 00:20:49,900 Final plat is it ensures compliance with all standards. 321 00:20:49,900 --> 00:20:54,480 Once it is approved and recorded, it becomes a legal lot of record. 322 00:20:54,480 --> 00:20:59,780 We do also have within subchapter 2 administratively approved platts. 323 00:20:59,780 --> 00:21:04,780 The code does not give -- an administratively approved plat is one that staff would approve. 324 00:21:04,780 --> 00:21:05,980 It wouldn't come to P&Z. 325 00:21:05,980 --> 00:21:10,100 However, staff does not have the ability to deny a plat. 326 00:21:10,100 --> 00:21:14,500 So if we were going to recommend denial because it didn't meet all the standards, it would 327 00:21:14,500 --> 00:21:16,060 come to the planning and zoning commission. 328 00:21:16,060 --> 00:21:22,220 So there are times when you will see an administratively approved plat. 329 00:21:22,220 --> 00:21:23,900 Replat is something you see. 330 00:21:23,900 --> 00:21:29,580 It just modifies an existing platted lot, either boundaries, easements, number of lots. 331 00:21:29,580 --> 00:21:32,340 Once again, you can approve or deny. 332 00:21:32,340 --> 00:21:36,460 What's a little different about replats is if it's a residential replat there is per 333 00:21:36,460 --> 00:21:39,540 the Texas local government code and notification requirement. 334 00:21:39,540 --> 00:21:41,700 And then we have vacating plat. 335 00:21:41,700 --> 00:21:48,060 That essentially eliminates a platted lot, kind of just starts over. 336 00:21:48,060 --> 00:21:52,700 So we just want to look at some parts of the plat just to make sure we all knew where all 337 00:21:52,700 --> 00:21:55,820 of the bits of a plat are found. 338 00:21:55,820 --> 00:21:59,540 All plat should have a vicinity map and a north arrow and a scale. 339 00:21:59,540 --> 00:22:02,940 That's pretty standard for any map, as well as a legend. 340 00:22:02,940 --> 00:22:04,100 There is an approval block. 341 00:22:04,100 --> 00:22:10,700 So whomever approves it, either staff or P&Z, that will be a signature line. 342 00:22:10,700 --> 00:22:15,060 The P&Z chair often has to sign a bunch of plat after the planning and zoning commission 343 00:22:15,060 --> 00:22:17,580 meetings and those are those approved plat. 344 00:22:17,580 --> 00:22:21,980 The face of the plat will depict the property boundaries, lot lines, any right of way dedication, 345 00:22:21,980 --> 00:22:24,460 easements, lot and block number, survey. 346 00:22:24,460 --> 00:22:27,660 There's lots of information here on the drawing part. 347 00:22:27,660 --> 00:22:29,980 They do have a meets and bounds legal description. 348 00:22:29,980 --> 00:22:36,700 Often we get a lot of calls at the planning, at development services, they say, well, I've 349 00:22:36,700 --> 00:22:40,860 got a survey that I got when I bought my property, isn't my property platted? 350 00:22:40,860 --> 00:22:46,740 And plats do look a lot like surveys, but one of the key differences is a plat is going 351 00:22:46,740 --> 00:22:50,220 to show this big, long meets and bounds legal description. 352 00:22:50,220 --> 00:22:55,500 A plat will take this legal description, define it, provide that drawing, and it will assign 353 00:22:55,500 --> 00:22:58,020 a lot and block to it. 354 00:22:58,020 --> 00:23:02,340 So you know, that's kind of a shorthand to talk to the public because it can be confusing 355 00:23:02,340 --> 00:23:04,820 because they look a lot alike. 356 00:23:04,820 --> 00:23:10,220 There's also a dedication and owner's signature on a plat and then a title block and that's 357 00:23:10,220 --> 00:23:12,880 going to define that subdivision name. 358 00:23:12,880 --> 00:23:19,020 If it's a replat, it will reference previous plat, the size of the tract and then the survey 359 00:23:19,020 --> 00:23:22,140 and jurisdiction. 360 00:23:22,140 --> 00:23:24,020 And now we come to the shot clock. 361 00:23:24,020 --> 00:23:26,460 So you've probably heard us talk about it. 362 00:23:26,460 --> 00:23:28,500 You may have heard about it in the news. 363 00:23:28,500 --> 00:23:34,480 This is a bill that was signed by the governor earlier this summer. 364 00:23:34,480 --> 00:23:40,540 And what it does is as of September 1 of this year, municipalities now have 30 days to act 365 00:23:40,540 --> 00:23:43,060 upon a plat or construction plans. 366 00:23:43,060 --> 00:23:46,540 So that is either approve or deny. 367 00:23:46,540 --> 00:23:52,660 We can't, you can't put it off at 30 days, that plat is approved if we have not acted 368 00:23:52,660 --> 00:23:53,660 upon it. 369 00:23:53,660 --> 00:23:57,420 So it's vital that we make sure we get this process right. 370 00:23:57,420 --> 00:24:02,100 I won't go into all the detail about it, but I just wanted to talk briefly about how it 371 00:24:02,100 --> 00:24:06,300 really affects the processes in the city and how it affects you. 372 00:24:06,300 --> 00:24:14,460 So prior to September 1 of this year, the city allowed applicants to submit applications 373 00:24:14,460 --> 00:24:20,140 every day, any day they wanted to, and then we would work through those applications. 374 00:24:20,140 --> 00:24:25,180 However, due to this shot clock, we have transitioned to specific submittal dates, and those are 375 00:24:25,180 --> 00:24:29,180 to coincide with the P&Z dates because we want to make sure that we always stay within 376 00:24:29,180 --> 00:24:31,340 that 30-day boundary. 377 00:24:31,340 --> 00:24:37,000 We're now going to require more up front work from the development community, things like 378 00:24:37,000 --> 00:24:41,100 traffic assessments, ESA assessments, any FEMA map revisions, those are all going to 379 00:24:41,100 --> 00:24:46,460 have to be done prior to submittal for the plat, because sometimes they would submit 380 00:24:46,460 --> 00:24:51,780 a plat and say, well, I'm working on this letter of map revision with FEMA, and the 381 00:24:51,780 --> 00:24:56,060 plat would kind of hang out until they were done with that, and then it would come in. 382 00:24:56,060 --> 00:24:57,140 That luxury is gone. 383 00:24:57,140 --> 00:25:01,340 Now that plat has to go to P&Z or it has to be approved or denied. 384 00:25:01,340 --> 00:25:06,100 So we're going to need that work done up front to make sure that they're ready to go when 385 00:25:06,100 --> 00:25:07,100 they submit. 386 00:25:07,100 --> 00:25:13,780 We're going to be eliminating concurrent submittals for plat-related filed applications. 387 00:25:13,780 --> 00:25:18,180 So you've probably seen that we'll have a preliminary and a final plat for the same 388 00:25:18,180 --> 00:25:20,260 piece of property on the same night. 389 00:25:20,260 --> 00:25:21,460 Not going to be able to do that now. 390 00:25:21,460 --> 00:25:23,340 They're going to have to really go in that order. 391 00:25:23,340 --> 00:25:27,540 So it will be preliminary plat, then civil engineering plans for public improvements, 392 00:25:27,540 --> 00:25:31,900 then final plat, and it really is going to have to follow that order. 393 00:25:31,900 --> 00:25:36,740 We've been working really hard internally to create a robust completeness review. 394 00:25:36,740 --> 00:25:42,100 We want to make sure that projects that we get and the applications we get are complete 395 00:25:42,100 --> 00:25:44,460 and sufficient to finish the review. 396 00:25:44,460 --> 00:25:49,380 We want to make sure we've got adequate information and they're not -- there aren't missing things 397 00:25:49,380 --> 00:25:54,580 because that's going to affect that approval or denial at the end. 398 00:25:54,580 --> 00:25:57,720 We're also reducing time for reviews and resubmittals. 399 00:25:57,720 --> 00:26:03,460 So previously we had a 10 business day review time for any submittal, but because we only 400 00:26:03,460 --> 00:26:08,360 have 30 days, we want to try to get the applicants -- give the applicants an opportunity to have 401 00:26:08,360 --> 00:26:10,860 a resubmittal and to make some corrections. 402 00:26:10,860 --> 00:26:15,260 We don't want to get a submittal and say, okay, you're denied. 403 00:26:15,260 --> 00:26:19,180 We want to get to those approvals and make sure that it meets those code requirements. 404 00:26:19,180 --> 00:26:21,940 So we're reducing our time for reviews. 405 00:26:21,940 --> 00:26:25,740 We're reducing the time that they have to resubmit so that hopefully when it gets to 406 00:26:25,740 --> 00:26:27,940 P&Z, it's ready to go. 407 00:26:27,940 --> 00:26:30,300 >> Thank you, Chair. 408 00:26:30,300 --> 00:26:32,220 A couple things on the up front work. 409 00:26:32,220 --> 00:26:35,940 You mentioned that if there's this up front work that's needed, they don't have it, it 410 00:26:35,940 --> 00:26:36,940 has to come to us. 411 00:26:36,940 --> 00:26:40,140 Are you even going to let them even submit it if the up front work is not done? 412 00:26:40,140 --> 00:26:43,940 Is the city going to say, hey, look, you're going to encourage them, but we're going to 413 00:26:43,940 --> 00:26:46,220 have that letter, we're going to have that thing done tomorrow or next week. 414 00:26:46,220 --> 00:26:47,860 Are you even going to let them do it? 415 00:26:47,860 --> 00:26:48,860 >> No. 416 00:26:48,860 --> 00:26:49,860 >> Is there a chance? 417 00:26:49,860 --> 00:26:53,340 >> Well, and that's a great question, because right now we're working on revising all of 418 00:26:53,340 --> 00:26:54,340 our checklists. 419 00:26:54,340 --> 00:26:57,900 You're actually going to see an administrative criteria manual come. 420 00:26:57,900 --> 00:26:59,500 It's going to be coming forward. 421 00:26:59,500 --> 00:27:04,340 Because we want to plainly say to applicants, this is what we need for your application 422 00:27:04,340 --> 00:27:07,740 to be deemed complete, to be deemed filed. 423 00:27:07,740 --> 00:27:14,020 And in that way, they're not getting into this endless loop of denials because they 424 00:27:14,020 --> 00:27:15,020 don't have what they need. 425 00:27:15,020 --> 00:27:19,580 We want to make sure that we're really transparent and we're really helping them know what they 426 00:27:19,580 --> 00:27:20,580 need to do up front. 427 00:27:20,580 --> 00:27:21,580 >> Okay. 428 00:27:21,580 --> 00:27:24,340 And then I know on the resubmittal piece, we've had it before where we've had developers 429 00:27:24,340 --> 00:27:28,940 who've come in who said, well, we saw the recommendations from the city whenever the 430 00:27:28,940 --> 00:27:30,460 agenda was published on Friday. 431 00:27:30,460 --> 00:27:35,900 Is there a timeline you're saying, all right, you have up to the Friday before P&Z to do 432 00:27:35,900 --> 00:27:40,380 the resubmittal, or are you saying all the way up to the point of P&Z meeting, you can 433 00:27:40,380 --> 00:27:44,220 have a work session, essentially, you can have a resubmittal and we can provide the 434 00:27:44,220 --> 00:27:48,100 commissioners at that time, that are y'all going to put any restrictions on up to the 435 00:27:48,100 --> 00:27:51,500 submittal, I guess, deadline, so it gets life to us? 436 00:27:51,500 --> 00:27:58,740 >> We have created a calendar that provides them an opportunity to resubmit. 437 00:27:58,740 --> 00:28:02,700 Because the backup information really needs to go to P&Z the week before, we want to make 438 00:28:02,700 --> 00:28:08,060 sure that y'all get an agenda and backup information that doesn't change at the last minute. 439 00:28:08,060 --> 00:28:13,820 So right now our calendar has a deadline for when they can resubmit. 440 00:28:13,820 --> 00:28:14,820 >> To resubmit. 441 00:28:14,820 --> 00:28:15,820 >> Cool. 442 00:28:15,820 --> 00:28:16,820 Great. 443 00:28:16,820 --> 00:28:17,820 Thank you. 444 00:28:17,820 --> 00:28:18,820 >> Commissioner Beck. 445 00:28:18,820 --> 00:28:19,820 >> Thank you, Chair. 446 00:28:19,820 --> 00:28:24,140 Julie, in the past when this commission is denied something, it still was on the city 447 00:28:24,140 --> 00:28:26,140 council. 448 00:28:26,140 --> 00:28:33,500 Is that going to change if we can cite a reason for denial, does it stop there? 449 00:28:33,500 --> 00:28:35,820 And they've got to go back and make corrections or? 450 00:28:35,820 --> 00:28:36,820 >> Sort of. 451 00:28:36,820 --> 00:28:37,820 Yes. 452 00:28:37,820 --> 00:28:38,820 And I think you hit it there. 453 00:28:38,820 --> 00:28:39,820 >> Okay. 454 00:28:39,820 --> 00:28:40,820 >> It wouldn't go on to city council. 455 00:28:40,820 --> 00:28:44,460 You are the final approving board for Platts. 456 00:28:44,460 --> 00:28:53,820 What it would do is, yes, our staff analysis and the approval or denial will be based upon 457 00:28:53,820 --> 00:28:57,580 criteria within our code and criteria manuals. 458 00:28:57,580 --> 00:29:00,580 They will have an opportunity to correct that. 459 00:29:00,580 --> 00:29:03,620 And they'll have to submit those corrections to us. 460 00:29:03,620 --> 00:29:07,780 Those submittal deadlines will also be tied to P&Z dates because P&Z has to act on those 461 00:29:07,780 --> 00:29:10,620 corrections within 15 days. 462 00:29:10,620 --> 00:29:16,820 So it could -- when I say an endless loop of denials, it could -- you could potentially 463 00:29:16,820 --> 00:29:26,700 deny a Platts several times requiring resubmittals and then that 15-day hearing on it. 464 00:29:26,700 --> 00:29:33,580 So if a Platts is denied, you could see it several times before it finally makes it through. 465 00:29:33,580 --> 00:29:41,500 And what we're trying to do is set up processes, checklists, and timelines to prevent that. 466 00:29:41,500 --> 00:29:45,020 I don't think it's going to capture all of them, but that's what we're trying to do. 467 00:29:45,020 --> 00:29:46,980 >> I think Rich wanted to add a clarification. 468 00:29:46,980 --> 00:29:50,100 >> Just wanted to add one clarification, and there's no time limit as to when they can 469 00:29:50,100 --> 00:29:51,100 resubmit. 470 00:29:51,100 --> 00:29:56,780 So they can resubmit within a week, a month, five years. 471 00:29:56,780 --> 00:30:00,500 Assuming that bill is still valid, we would just have the 15-day turnaround. 472 00:30:00,500 --> 00:30:06,460 So there is no deadline as to when they need to make those corrections. 473 00:30:06,460 --> 00:30:07,940 >> And then that takes to the denial. 474 00:30:07,940 --> 00:30:14,300 So in the past, you know, Platts usually have gone through several rounds of review, a lot 475 00:30:14,300 --> 00:30:16,260 of vetting from the staff side. 476 00:30:16,260 --> 00:30:20,100 So when they get to the Planning and Zoning Commission, staff is recommending approval 477 00:30:20,100 --> 00:30:23,820 because it meets the technical requirements of a Platts. 478 00:30:23,820 --> 00:30:26,500 That may not always be the case going forward. 479 00:30:26,500 --> 00:30:27,500 >> Can -- oh, sorry. 480 00:30:27,500 --> 00:30:28,500 >> No, go ahead. 481 00:30:28,500 --> 00:30:30,220 >> I totally interrupted you. 482 00:30:30,220 --> 00:30:34,500 Can the denial be for the same reason, the same deficiency over and over again? 483 00:30:34,500 --> 00:30:42,780 >> Yes, if staff's determined they haven't met those technical requirements, then absolutely. 484 00:30:42,780 --> 00:30:44,420 >> Okay. 485 00:30:44,420 --> 00:30:50,500 >> So it's going to be a little different that there will be denials of Platts in your 486 00:30:50,500 --> 00:30:55,480 future. 487 00:30:55,480 --> 00:30:58,940 One last thing to take a look at is the common review procedure. 488 00:30:58,940 --> 00:31:03,340 This is the final item I want to talk about in subchapter two. 489 00:31:03,340 --> 00:31:06,700 And this is not a comprehensive review procedure. 490 00:31:06,700 --> 00:31:12,760 This really is just that common sort of general terms of review. 491 00:31:12,760 --> 00:31:21,100 So if an applicant, if a developer or property owner wants to develop their land, often they'll 492 00:31:21,100 --> 00:31:24,140 give us a call and they'll ask what their zoning is. 493 00:31:24,140 --> 00:31:28,220 That's generally where we first come in contact with them. 494 00:31:28,220 --> 00:31:33,420 We try to push them, especially if it's a complicated or complex development. 495 00:31:33,420 --> 00:31:37,420 We ask them, they may want to move forward with a preapplication conference. 496 00:31:37,420 --> 00:31:41,500 It's not required, but it's a really good tool because it allows them to talk to engineering 497 00:31:41,500 --> 00:31:46,180 and planning and building inspections in parks, all of those departments at the same table. 498 00:31:46,180 --> 00:31:49,860 So it's pretty beneficial for developments. 499 00:31:49,860 --> 00:31:51,700 But it's not required. 500 00:31:51,700 --> 00:31:55,700 After preapplication, they would start submitting applications. 501 00:31:55,700 --> 00:32:00,640 Maybe it's a zoning, maybe it's a plat, maybe it's a site plan or zoning compliance. 502 00:32:00,640 --> 00:32:04,620 We would review it as part of that robust completeness check. 503 00:32:04,620 --> 00:32:06,740 And if it is complete, we've got everything we need. 504 00:32:06,740 --> 00:32:08,740 It starts the review process. 505 00:32:08,740 --> 00:32:13,620 Staff will review that, provide comments to the applicant, written comments. 506 00:32:13,620 --> 00:32:17,740 They will have to make those corrections and resubmit. 507 00:32:17,740 --> 00:32:20,900 And if it's not a plat, it could go several rounds. 508 00:32:20,900 --> 00:32:24,040 If it is a plat, it's probably only going to go two because that's all the time we have 509 00:32:24,040 --> 00:32:29,140 for it until it meets all the code requirements. 510 00:32:29,140 --> 00:32:33,580 Once it meets all the code requirements, we notice for any public hearings or schedule 511 00:32:33,580 --> 00:32:39,460 it for any public meetings and then a decision is made on it, whether it's approved or denied. 512 00:32:39,460 --> 00:32:44,540 And then there's that post decision, things like ordinances set to applicants or approval 513 00:32:44,540 --> 00:32:47,300 letters or filing of plat. 514 00:32:47,300 --> 00:32:51,460 So each one of these has several processes or potential processes through it, but that's 515 00:32:51,460 --> 00:32:57,760 generally how development goes for each submittal in the City of Denton. 516 00:32:57,760 --> 00:33:01,820 And that's all I have for boot camp number one. 517 00:33:01,820 --> 00:33:03,860 Commissioner Beck. 518 00:33:03,860 --> 00:33:04,860 Thank you, Chair. 519 00:33:04,860 --> 00:33:05,860 Just one question. 520 00:33:05,860 --> 00:33:10,740 And I think I know the answer to this, but no deviation from the gas well codes. 521 00:33:10,740 --> 00:33:14,820 Is that because our hands are pretty much tied by state law? 522 00:33:14,820 --> 00:33:15,820 Is that our- 523 00:33:15,820 --> 00:33:20,020 I don't know the answer to that question as to why that's for the PDs. 524 00:33:20,020 --> 00:33:21,020 Does anyone here? 525 00:33:21,020 --> 00:33:22,020 Where's Scott? 526 00:33:22,020 --> 00:33:23,020 Okay. 527 00:33:23,020 --> 00:33:29,940 No, those really were just items that were, would not be eligible for a modification to 528 00:33:29,940 --> 00:33:30,940 a PD. 529 00:33:30,940 --> 00:33:32,580 Who decided that? 530 00:33:32,580 --> 00:33:33,580 Just curious. 531 00:33:33,580 --> 00:33:37,500 I think that was part of when we discussed through DCRC when we came up with the standards 532 00:33:37,500 --> 00:33:41,100 for the plan development of what could or couldn't be modified. 533 00:33:41,100 --> 00:33:42,100 Okay. 534 00:33:42,100 --> 00:33:43,100 Thanks, Richard. 535 00:33:43,100 --> 00:33:48,340 Julie, can you, this question I seem to always struggle with, can you add clarification of 536 00:33:48,340 --> 00:33:53,740 why a final plat or replat goes to public or consent? 537 00:33:53,740 --> 00:34:00,140 All replats go to public and final and preliminary are on consent? 538 00:34:00,140 --> 00:34:02,940 That's a requirement by the Texas Local Government Code. 539 00:34:02,940 --> 00:34:07,780 So it's not, it's not necessarily, of course it's in our codes because that is, they reflect 540 00:34:07,780 --> 00:34:09,900 what the Texas Local Government Code requires. 541 00:34:09,900 --> 00:34:10,900 But that's- 542 00:34:10,900 --> 00:34:14,140 So prelim and final consent replats are public. 543 00:34:14,140 --> 00:34:17,140 Yes, sir. 544 00:34:17,140 --> 00:34:19,140 Okay. 545 00:34:19,140 --> 00:34:20,140 Any other questions for Julie? 546 00:34:20,140 --> 00:34:23,180 Julie, this is going to be a great series. 547 00:34:23,180 --> 00:34:26,180 Thanks for all your hard work. 548 00:34:26,180 --> 00:34:27,180 All right. 549 00:34:27,180 --> 00:34:28,180 Thank you. 550 00:34:28,180 --> 00:34:30,180 Thank you very much for joining us this evening. 551 00:34:30,180 --> 00:34:32,180 The first item we'll dive into is minutes. 552 00:34:32,180 --> 00:34:37,700 Is there any notations or corrections that need to be added to the minutes before our 553 00:34:37,700 --> 00:34:40,020 vote this evening? 554 00:34:40,020 --> 00:34:43,060 Great. 555 00:34:43,060 --> 00:34:51,780 On the consent agenda, does anyone have any questions or clarification on any of the items? 556 00:34:51,780 --> 00:34:53,940 The only question I had is Cindy here. 557 00:34:53,940 --> 00:34:54,940 She's brokered. 558 00:34:54,940 --> 00:34:55,940 No, that's terrible. 559 00:34:55,940 --> 00:35:05,500 Well, the only question I had is why is B and C two different plats for different phases? 560 00:35:05,500 --> 00:35:09,740 That was something we had asked the applicant, they were, as they were progressing through 561 00:35:09,740 --> 00:35:14,500 the review, they wanted to keep the two different phases as two different, as two separate final 562 00:35:14,500 --> 00:35:15,500 plats. 563 00:35:15,500 --> 00:35:18,240 And so there was really no prohibition against that. 564 00:35:18,240 --> 00:35:21,180 But we had initially asked if they'd like to combine it into one. 565 00:35:21,180 --> 00:35:25,300 They wanted to remain to keep each phase as two separate plots. 566 00:35:25,300 --> 00:35:26,300 Gotcha. 567 00:35:26,300 --> 00:35:29,020 I guess those are two different developers, maybe. 568 00:35:29,020 --> 00:35:30,020 No? 569 00:35:30,020 --> 00:35:31,020 Yeah, it's both toll brothers. 570 00:35:31,020 --> 00:35:32,020 Gotcha. 571 00:35:32,020 --> 00:35:35,180 Any other questions on the consent this evening? 572 00:35:35,180 --> 00:35:36,900 Great. 573 00:35:36,900 --> 00:35:41,760 The items for individual consideration, the first one is 4A, to consider and appoint a 574 00:35:41,760 --> 00:35:45,500 member of the Planning and Zoning Commission for chair and vice chair positions. 575 00:35:45,500 --> 00:35:49,820 This will be a nomination and vote in council chambers. 576 00:35:49,820 --> 00:35:54,620 But for the sake of efficiency there, I'd love to have some discussion here about nominations 577 00:35:54,620 --> 00:35:59,800 or oppositions for that vote. 578 00:35:59,800 --> 00:36:00,800 Commissioner Ellis. 579 00:36:00,800 --> 00:36:01,800 Thank you, Chair. 580 00:36:01,800 --> 00:36:07,380 While I would love to nominate you to remain chair of the Planning and Zoning Commission. 581 00:36:07,380 --> 00:36:08,380 Thank you, Commissioner Ellis. 582 00:36:08,380 --> 00:36:09,380 If anyone would like to second that. 583 00:36:09,380 --> 00:36:10,380 Commissioner Smith. 584 00:36:10,380 --> 00:36:14,660 I'd like to nominate Commissioner Ellis to remain in the vice chair position. 585 00:36:14,660 --> 00:36:15,660 Fantastic. 586 00:36:15,660 --> 00:36:17,660 It looks like it might be clean cut this evening. 587 00:36:17,660 --> 00:36:19,780 Is there any other discussion, items for that? 588 00:36:19,780 --> 00:36:22,300 That was difficult. 589 00:36:22,300 --> 00:36:23,300 Great. 590 00:36:23,300 --> 00:36:28,140 All right, and then item 4B will be a consideration of Commissioner Cole's reclassification on 591 00:36:28,140 --> 00:36:29,140 his absence. 592 00:36:29,140 --> 00:36:33,340 We'll just take that in the public hearing this evening, Commissioner Cole, you'll recuse 593 00:36:33,340 --> 00:36:37,180 yourself from that discussion and vote. 594 00:36:37,180 --> 00:36:40,940 And then we have 4C, a presentation by Roman. 595 00:36:40,940 --> 00:36:42,740 Is he here? 596 00:36:42,740 --> 00:36:44,940 Do you have a presentation for this? 597 00:36:44,940 --> 00:36:45,940 Yes, I do. 598 00:36:45,940 --> 00:36:48,780 Do you want to present this evening or now or? 599 00:36:48,780 --> 00:36:51,780 Yeah, I can do that. 600 00:36:51,780 --> 00:36:52,780 Sure. 601 00:36:52,780 --> 00:36:53,780 All right. 602 00:36:53,780 --> 00:36:54,780 Give me one minute here. 603 00:36:54,780 --> 00:36:55,780 Where are we going? 604 00:36:55,780 --> 00:36:56,780 One second here. 605 00:36:56,780 --> 00:37:23,780 I'm going to go ahead and put this in the public hearing. 606 00:37:23,780 --> 00:37:35,740 This is to ask for a recommendation, to consider making a recommendation to city council regarding 607 00:37:35,740 --> 00:37:39,500 a resolution adopting the Visions, Values, Statements, Goals, Policies, Recommendations 608 00:37:39,500 --> 00:37:44,180 and the Implementation Matrix of the Denton Historic Preservation Plan. 609 00:37:44,180 --> 00:37:48,140 As you know, the original plan was adapted in 1985. 610 00:37:48,140 --> 00:37:52,140 That plan really was an impetus for a lot of significant historic preservation in the 611 00:37:52,140 --> 00:37:53,340 city of Denton. 612 00:37:53,340 --> 00:37:55,300 Many of the objectives in that plan were met. 613 00:37:55,300 --> 00:38:00,340 The creation of districts, the land marking of homes and a lot of things. 614 00:38:00,340 --> 00:38:02,400 And yet there were very different problems. 615 00:38:02,400 --> 00:38:04,820 This is an excerpt from that plan. 616 00:38:04,820 --> 00:38:08,260 In the 1980s, there was, I guess, a lot more blight and decay. 617 00:38:08,260 --> 00:38:13,980 So you have this note from page one that to the community, historic preservation offers 618 00:38:13,980 --> 00:38:18,820 a possibility of reversing what is otherwise an inevitable downward spiral deterioration 619 00:38:18,820 --> 00:38:23,740 of the built environment without incentives to reverse that trend and gradually buildings 620 00:38:23,740 --> 00:38:27,180 will decay and as they decay, their surroundings, their neighborhoods will decay. 621 00:38:27,180 --> 00:38:30,040 So you get the point. 622 00:38:30,040 --> 00:38:32,940 When a prosperous city becomes, a neighborhood becomes a slum. 623 00:38:32,940 --> 00:38:35,100 So we were faced with really different problems. 624 00:38:35,100 --> 00:38:40,980 And I don't know, I won't credit the plan or the creation of historic districts or conservation 625 00:38:40,980 --> 00:38:46,580 districts to that, nor the Main Street District, which was created soon thereafter. 626 00:38:46,580 --> 00:38:52,160 But it is what it is, downtown isn't that anymore and neither is any of those neighborhoods. 627 00:38:52,160 --> 00:38:59,220 Another thing that you saw, though that was significant, is what was going on at the time. 628 00:38:59,220 --> 00:39:03,940 It talks here, in addition, residents of West Oak Street had lost protection of single family 629 00:39:03,940 --> 00:39:07,980 zoning in the citywide rezoning that took place in the 1960s. 630 00:39:07,980 --> 00:39:13,300 Later, it says that the city council made a positive contribution when it allowed voluntary 631 00:39:13,300 --> 00:39:18,340 backs zoning to single family status at no cost to applicants. 632 00:39:18,340 --> 00:39:20,620 And I understand that that happened across the board. 633 00:39:20,620 --> 00:39:25,980 But as an example, what prompted that, here's a current Google Street view of Mounts Avenue 634 00:39:25,980 --> 00:39:28,940 and West Oak. 635 00:39:28,940 --> 00:39:34,300 You see the apartment building in the middle and when in fact, what was there was a home, 636 00:39:34,300 --> 00:39:39,400 which was scooted back and flipped around and became the back unit there. 637 00:39:39,400 --> 00:39:44,180 So that the street view you got among all those big, all those majestic historic homes 638 00:39:44,180 --> 00:39:50,040 was that, that home in the back sitting there is actually covering the original framing 639 00:39:50,040 --> 00:39:53,180 of that old home that was there. 640 00:39:53,180 --> 00:39:57,980 There were also perceived threats, one of which is almost kind of humorous. 641 00:39:57,980 --> 00:40:02,060 It talks about the, in this context, the Landmark Commission would like to note its concern 642 00:40:02,060 --> 00:40:05,020 over the increase in the proportion of Dentons. 643 00:40:05,020 --> 00:40:09,500 Regional areas which are passing to non-resident ownership, non-resident ownership poses the 644 00:40:09,500 --> 00:40:12,900 danger that owners may choose to ignore the community's best interest. 645 00:40:12,900 --> 00:40:17,140 The problem is compounded today by a significant amount of properties being owned by citizens 646 00:40:17,140 --> 00:40:20,500 of foreign nations, either directly or through nominees. 647 00:40:20,500 --> 00:40:25,340 These persons, Canadians, Germans and others may wish to be good citizens, but it's difficult 648 00:40:25,340 --> 00:40:27,220 to inform them of community concerns. 649 00:40:27,220 --> 00:40:30,300 That's actually right out of the current plan. 650 00:40:30,300 --> 00:40:33,940 But then there were real opportunities and this was the main thing. 651 00:40:33,940 --> 00:40:39,700 What preservation does is residents in Denton's older areas would welcome a greater degree 652 00:40:39,700 --> 00:40:42,660 of stability than they enjoyed in recent years. 653 00:40:42,660 --> 00:40:47,140 And that's really what conservation districts and historic districts and land marking properties 654 00:40:47,140 --> 00:40:48,140 is about. 655 00:40:48,140 --> 00:40:52,780 It's kind of creating stability, it's looking for what homes need to be here hundreds of 656 00:40:52,780 --> 00:40:57,660 years from now and what we want things to look like. 657 00:40:57,660 --> 00:41:02,340 So getting to the plan, I just put this slide in just to let you know because there had 658 00:41:02,340 --> 00:41:08,980 been some concern by maybe one or two people, if that, about what all went on since this 659 00:41:08,980 --> 00:41:09,980 month. 660 00:41:09,980 --> 00:41:14,460 So on the left is a list of input meetings that we've had, community meetings that we've 661 00:41:14,460 --> 00:41:20,980 had across the state, I mean the city, and then we had online surveys with over 400 responses 662 00:41:20,980 --> 00:41:26,060 and the majority, the vast majority, 80 to 90% of those were people who live in our city. 663 00:41:26,060 --> 00:41:30,340 And then on the right is right out of your staff report on this item, just the times 664 00:41:30,340 --> 00:41:36,940 that either myself or the Lakota group were here presenting. 665 00:41:36,940 --> 00:41:43,060 This slide here, I just wanted to speak to, let's see, no, I've got the Lakota group. 666 00:41:43,060 --> 00:41:49,500 What I also want to do right here is kind of insert the Lakota group's presentation. 667 00:41:49,500 --> 00:41:54,980 They will be at city council, assuming this is still on the agenda on Tuesday, and they 668 00:41:54,980 --> 00:41:58,940 will present this slide show. 669 00:41:58,940 --> 00:42:04,380 So this is about the plan, which I believe is attached in your current staff report. 670 00:42:04,380 --> 00:42:08,380 It has the history of our districts and when they were created, the number of national 671 00:42:08,380 --> 00:42:12,060 landmarks, the districts and local landmarks. 672 00:42:12,060 --> 00:42:16,860 They talk about what is a plan itself, and in this case what the plan was is they went 673 00:42:16,860 --> 00:42:20,620 back and looked at all of our old preservation plans and our surveys, of which there's four 674 00:42:20,620 --> 00:42:21,620 or five of them. 675 00:42:21,620 --> 00:42:23,020 They studied all of that. 676 00:42:23,020 --> 00:42:29,740 Then they have recommendations for future landmarks, economic development ideas, and 677 00:42:29,740 --> 00:42:32,620 ideas about how we administer this program. 678 00:42:32,620 --> 00:42:38,300 This is how the outline of the document, this is how they went in phase one and two of the 679 00:42:38,300 --> 00:42:41,300 plan. 680 00:42:41,300 --> 00:42:42,780 This is significant and unusual. 681 00:42:42,780 --> 00:42:47,460 I didn't know this, but the United States Secretary of Interior actually has guidelines 682 00:42:47,460 --> 00:42:52,780 for how you make a plan, number one being you look for the context, what's the history 683 00:42:52,780 --> 00:42:56,460 of the place that you're looking at, because it's the history of the place, that context, 684 00:42:56,460 --> 00:43:00,300 that you have to then say, "Well, where do these buildings fit in it?" 685 00:43:00,300 --> 00:43:06,340 The other thing is that you have goals and priorities for recognizing properties and 686 00:43:06,340 --> 00:43:08,500 then that you involve the community. 687 00:43:08,500 --> 00:43:09,500 So that's what they did here. 688 00:43:09,500 --> 00:43:13,100 This is a list of those things that happened. 689 00:43:13,100 --> 00:43:19,860 Further breakdown of the plans organization, which is not the hundred and something pages 690 00:43:19,860 --> 00:43:21,900 in it, but it's within there. 691 00:43:21,900 --> 00:43:27,540 These are the four parts of a preservation program as they see it, surveying properties, 692 00:43:27,540 --> 00:43:30,980 community development, program administration, and education outreach. 693 00:43:30,980 --> 00:43:36,980 In that plan, they have a recommendation of surveying areas, and there's a map, and these 694 00:43:36,980 --> 00:43:38,740 are areas they recommend surveying. 695 00:43:38,740 --> 00:43:40,820 Surveying is just usually done with a grant. 696 00:43:40,820 --> 00:43:45,940 I think all of them that have ever been done in Denton have had the benefit of a grant, 697 00:43:45,940 --> 00:43:50,460 and then we've gone around like Idiots Hill was surveyed in 2015, the Bolivar Street 698 00:43:50,460 --> 00:43:58,180 area in 2012, and in 1996, the whole city, every building older than 50 years was surveyed. 699 00:43:58,180 --> 00:44:02,900 Here's what you find out in there, the types of properties in those neighborhoods. 700 00:44:02,900 --> 00:44:08,420 This is some of the recommendations that have to do with economic development, program administration, 701 00:44:08,420 --> 00:44:12,660 education outreach, and then just two pages here about the goals. 702 00:44:12,660 --> 00:44:21,800 There's four kind of goals in the plan, and they present to the surveying, as I just mentioned, 703 00:44:21,800 --> 00:44:28,860 and then this one is about the engagement in the community, upgrading our website, etc. 704 00:44:28,860 --> 00:44:31,220 So that's what they're going to present. 705 00:44:31,220 --> 00:44:38,860 And then finally, I just want to come back for a minute to this slide here. 706 00:44:38,860 --> 00:44:43,700 The Landmark Commission met on Monday, they recommend that the Planning and Zoning Commission 707 00:44:43,700 --> 00:44:45,500 does recommend a city council is approved. 708 00:44:45,500 --> 00:44:48,900 They voted unanimously in favor of that with a couple of suggestions. 709 00:44:48,900 --> 00:44:53,560 One of them had to do with the wording in the plan about Quaker Town. 710 00:44:53,560 --> 00:44:57,560 In the very old plan that I referred to about the invading Germans and Canadians, we also 711 00:44:57,560 --> 00:45:03,900 had something that I found quite funny, just so peculiar, but there at the top, it talks 712 00:45:03,900 --> 00:45:12,100 about the neighborhood and the name that the neighborhood, it says here, many of the structures 713 00:45:12,100 --> 00:45:16,100 that were on the site were moved just across the railroad tracks to an area that became 714 00:45:16,100 --> 00:45:21,900 known as Quaker Town, possibly because of after being moved, the buildings were shaky. 715 00:45:21,900 --> 00:45:22,900 So they were quaking. 716 00:45:22,900 --> 00:45:26,740 I don't know how I missed that until recently, but that was quite interesting because the 717 00:45:26,740 --> 00:45:31,580 Denton County Office of History and Culture has it right that it has to do with the Quakers 718 00:45:31,580 --> 00:45:36,340 and that the Quakers helped slaves escape through the Underground Railroad, and so this 719 00:45:36,340 --> 00:45:40,380 area was actually called Quaker Town because of that. 720 00:45:40,380 --> 00:45:45,500 And so in our Landmark Commission meeting, a new commissioner to the Historic Landmark 721 00:45:45,500 --> 00:45:51,020 Commission, Commissioner McAdams, recommended that we change some language there under a 722 00:45:51,020 --> 00:45:54,260 section called African Americans and Other Diverse Populations. 723 00:45:54,260 --> 00:45:57,980 She would rather have this wording, which I'll read to you, it's Denton's Quaker Town 724 00:45:57,980 --> 00:46:02,540 story includes the forced relocation of the African American community to Solomon Hill 725 00:46:02,540 --> 00:46:05,620 and other areas of Denton's east and south sides. 726 00:46:05,620 --> 00:46:10,140 While there is a Texas Historical Commission marker in the park that provides some information 727 00:46:10,140 --> 00:46:14,580 about Quaker Town, additional research and survey work for this context would identify 728 00:46:14,580 --> 00:46:19,380 properties, blocks, and areas of cultural significance worthy of preservation and protection, 729 00:46:19,380 --> 00:46:21,660 and then the historic, that part, so the most part of it. 730 00:46:21,660 --> 00:46:23,660 And the second recommendation, you have? 731 00:46:23,660 --> 00:46:24,660 - Commissioner Pereta. 732 00:46:24,660 --> 00:46:29,580 - Yeah, I just wanna clarify, so right here, this language where it says, where it includes 733 00:46:29,580 --> 00:46:34,220 the forced relocation, is that replacing the previous page where it implies that the land 734 00:46:34,220 --> 00:46:35,220 was given? 735 00:46:35,220 --> 00:46:36,220 Is that? 736 00:46:36,220 --> 00:46:38,740 - No, it's, I'm sorry to cut for that confusion. 737 00:46:38,740 --> 00:46:45,620 It's replacing the language on page 25 of the proposed plan in your AIS and your, on 738 00:46:45,620 --> 00:46:46,620 your agenda. 739 00:46:46,620 --> 00:46:47,620 - Okay. 740 00:46:47,620 --> 00:46:52,340 - The proposed plan, these, this word language, the top, is from the '86 plan. 741 00:46:52,340 --> 00:46:53,340 - Okay. 742 00:46:53,340 --> 00:46:56,060 - On the other hand, we've been getting it wrong for a while here. 743 00:46:56,060 --> 00:46:57,500 - Okay, and that's no longer, okay. 744 00:46:57,500 --> 00:47:02,860 - So on our, under African Americans and other diverse communities, on page 25, there's 745 00:47:02,860 --> 00:47:07,020 a very small paragraph, in fact, this would replace the whole paragraph here, that is 746 00:47:07,020 --> 00:47:08,020 inaccurate. 747 00:47:08,020 --> 00:47:12,420 It actually implies that people just voluntarily sold their land. 748 00:47:12,420 --> 00:47:14,820 It doesn't mention that they were actually forced to leave. 749 00:47:14,820 --> 00:47:15,820 - Okay. 750 00:47:15,820 --> 00:47:16,820 And then that's what we're replacing with this? 751 00:47:16,820 --> 00:47:17,820 - Yes. 752 00:47:17,820 --> 00:47:18,820 - Okay, thank you very much. 753 00:47:18,820 --> 00:47:26,140 There's another line that the, there was concern that the plan, one of the commissioners, Commissioner 754 00:47:26,140 --> 00:47:33,540 Anderson, wanted specifically to see more incentives for local landmark owners, for 755 00:47:33,540 --> 00:47:35,460 property owners for historic homes. 756 00:47:35,460 --> 00:47:40,180 And she asked that we add a goal that would recommend a program for the partial or full 757 00:47:40,180 --> 00:47:44,540 exemption from City of Denton Property Taxes in coordination with other applicable taxing 758 00:47:44,540 --> 00:47:50,060 doors for locally designated homes, it would be a recommendation, again, it's a policy 759 00:47:50,060 --> 00:47:52,180 document. 760 00:47:52,180 --> 00:47:57,620 The reason she thought of that is if you know about Plano, if you have a local landmark 761 00:47:57,620 --> 00:48:03,020 in Plano that is an owner-occupied home, they have worked it out with all of the taxing 762 00:48:03,020 --> 00:48:06,260 entities and they do not pay taxes on those properties. 763 00:48:06,260 --> 00:48:08,620 And in the city of Brownsville, it's the same way. 764 00:48:08,620 --> 00:48:12,700 Those are the only two cities that I know of, and I know a lot about all the city that 765 00:48:12,700 --> 00:48:17,960 have that, and they both, when you ask the preservation officer in Plano how it happened, 766 00:48:17,960 --> 00:48:21,500 he just says, I don't know, I got here and it's there and I keep my mouth quiet and it 767 00:48:21,500 --> 00:48:22,500 keeps going. 768 00:48:22,500 --> 00:48:27,100 And in Brownsville, I had to go fight before each of the taxing entities annually to maintain 769 00:48:27,100 --> 00:48:28,100 that. 770 00:48:28,100 --> 00:48:29,460 But anyway, those are the two recommendations. 771 00:48:29,460 --> 00:48:34,380 They do recommend unanimously that they ask the P&Z for approval, so that's what I have. 772 00:48:34,380 --> 00:48:35,380 - Commissioner Betts. 773 00:48:35,380 --> 00:48:36,380 - Hey, Chair. 774 00:48:36,380 --> 00:48:40,180 So your position on that, Rowan, are you in favor of that recommendation? 775 00:48:40,180 --> 00:48:41,180 - Yes. 776 00:48:41,180 --> 00:48:42,180 - Okay. 777 00:48:42,180 --> 00:48:47,780 So additionally, we have spoken to one city council member who confirmed some of the other 778 00:48:47,780 --> 00:48:48,780 things we noticed. 779 00:48:48,780 --> 00:48:52,340 We have some wording in there about the Landmark Commission having a subcommittee that does 780 00:48:52,340 --> 00:48:58,140 a few things that it doesn't really line up with the way our Landmark Commission operates, 781 00:48:58,140 --> 00:49:03,180 and we'd like to remove that language, but it's something that staff does, and someone 782 00:49:03,180 --> 00:49:04,180 pointed out that we do it. 783 00:49:04,180 --> 00:49:08,380 So we don't wanna put things in there that our Landmark Commission's not gonna have time 784 00:49:08,380 --> 00:49:09,380 to address. 785 00:49:09,380 --> 00:49:10,380 - Commissioner Smith. 786 00:49:10,380 --> 00:49:11,380 - Thank you, Chair. 787 00:49:11,380 --> 00:49:15,740 So going back to that, the goal number two, our recommendation. 788 00:49:15,740 --> 00:49:20,420 So as an approval, it's just saying make a recommendation for city staff to go look at 789 00:49:20,420 --> 00:49:21,420 that. 790 00:49:21,420 --> 00:49:22,420 It's not saying that we have to go. 791 00:49:22,420 --> 00:49:23,420 We're not approving that, of course, right? 792 00:49:23,420 --> 00:49:24,420 What is... 793 00:49:24,420 --> 00:49:25,420 Go through that wording again that you said. 794 00:49:25,420 --> 00:49:26,420 - Yeah. 795 00:49:26,420 --> 00:49:27,420 - Recommend a program. 796 00:49:27,420 --> 00:49:30,420 So it's just gonna be moralizing that we're recommending for a program to be looked at, 797 00:49:30,420 --> 00:49:32,900 not actually saying it has to be created. 798 00:49:32,900 --> 00:49:33,900 - Yes. 799 00:49:33,900 --> 00:49:40,260 In the working draft, as you have as an attachment, on page 44 and 74, there's a section about 800 00:49:40,260 --> 00:49:46,220 incentivizing preservation, and so there would be a goal added, and I think it'd be goal 801 00:49:46,220 --> 00:49:49,380 number 19, unless we put it at the top, so there's quite a number. 802 00:49:49,380 --> 00:49:54,660 And they can have priorities in 'em. 803 00:49:54,660 --> 00:49:56,220 Obviously this is gonna be a little bit of a... 804 00:49:56,220 --> 00:49:57,460 This would be a lot of work. 805 00:49:57,460 --> 00:50:01,940 So maybe it needs to be kind of a lower priority or a medium-prem or a five-year plan, so staff 806 00:50:01,940 --> 00:50:03,100 can take the time to look at it. 807 00:50:03,100 --> 00:50:06,980 - I guess I'll just hate for us to look back on something 15, 20 years from now and say, 808 00:50:06,980 --> 00:50:08,740 "Well, this was in there, but we never did this. 809 00:50:08,740 --> 00:50:09,740 Why was that?" 810 00:50:09,740 --> 00:50:13,100 I'm just looking through to see what actual steps after this goes through gets approved, 811 00:50:13,100 --> 00:50:17,140 that there'd be steps towards it, one, and if there are gonna be steps towards it, I 812 00:50:17,140 --> 00:50:20,940 think it'd be good to know about how many properties that is in the city of Denton that 813 00:50:20,940 --> 00:50:26,500 would be falling underneath that exemption, and then what criteria do... 814 00:50:26,500 --> 00:50:29,180 I think you said Brownsville, and Brownswood or Brownswood? 815 00:50:29,180 --> 00:50:31,220 - Brownsville, Texas on the border, and Plano. 816 00:50:31,220 --> 00:50:33,740 - Brownsville and Plano does it. 817 00:50:33,740 --> 00:50:36,780 What stipulations they also have on those homeowners for what type of upkeep? 818 00:50:36,780 --> 00:50:40,780 Because I get like an exemption, "Don't pay taxes because you have these requirements 819 00:50:40,780 --> 00:50:42,980 to upkeep the historical nature of the building." 820 00:50:42,980 --> 00:50:49,460 So I guess some more explanation on that, I don't know how restrictive this vote tonight 821 00:50:49,460 --> 00:50:50,460 is gonna be on that. 822 00:50:50,460 --> 00:50:51,780 - I have two thoughts on that. 823 00:50:51,780 --> 00:50:55,060 I mean, possibly right now, so the HLC recommended a program. 824 00:50:55,060 --> 00:51:01,820 Maybe that wording needs to be recommend studying this. 825 00:51:01,820 --> 00:51:06,100 We don't have to recommend it as a program, but I think it will, of course, involve a 826 00:51:06,100 --> 00:51:08,420 pretty intense study there to show... 827 00:51:08,420 --> 00:51:13,020 - I mean, Carol, honestly, it's not really like, you know, causing me a whole lot of 828 00:51:13,020 --> 00:51:15,300 heartburn or something like that to say that this is gonna be in there. 829 00:51:15,300 --> 00:51:18,260 I just don't, one, don't know how much weight it's actually gonna have to where we're gonna 830 00:51:18,260 --> 00:51:22,700 see action come out of it, and two, if there is gonna be action coming out of it, what 831 00:51:22,700 --> 00:51:25,740 does that look like, I guess, before we start voting and approving things? 832 00:51:25,740 --> 00:51:26,740 - Right. 833 00:51:26,740 --> 00:51:27,740 - Does that make sense? 834 00:51:27,740 --> 00:51:28,740 - Yes, absolutely. 835 00:51:28,740 --> 00:51:31,100 And you're right, of course, in Brownsville, what they do is do an annual inspection of 836 00:51:31,100 --> 00:51:34,140 all of the properties receiving that. 837 00:51:34,140 --> 00:51:39,020 And if you have any, you know, peeling pain or any problems there that you won't get on 838 00:51:39,020 --> 00:51:43,260 it the next year if you don't take care of it, Plano's, I'm not sure what the maintenance 839 00:51:43,260 --> 00:51:44,260 is... 840 00:51:44,260 --> 00:51:47,100 - I guess all these goals altogether, let's just say this is goal number 19 of, I don't 841 00:51:47,100 --> 00:51:51,340 know how many, I don't remember from looking at the document, but of all the goals in there, 842 00:51:51,340 --> 00:51:55,620 what is the city's process, what is y'all's process next up then to take those goals and 843 00:51:55,620 --> 00:51:56,620 take action on it then? 844 00:51:56,620 --> 00:51:59,180 Are you guys gonna start working on it as... 845 00:51:59,180 --> 00:52:05,660 - There's short-range, medium-range, and long-range goals, and whoever the historic preservation 846 00:52:05,660 --> 00:52:08,780 officer is, I would think that that's be their next, you know, that kind of gives you a job 847 00:52:08,780 --> 00:52:12,060 description there to look at those things and figure out what you need to be able to 848 00:52:12,060 --> 00:52:13,060 look at. 849 00:52:13,060 --> 00:52:14,060 - Okay. 850 00:52:14,060 --> 00:52:15,060 Thank you. 851 00:52:15,060 --> 00:52:16,060 - Jerry. 852 00:52:16,060 --> 00:52:26,620 - Roman, I know that on your last slide there, you've got a staff recommendation on it, but 853 00:52:26,620 --> 00:52:34,100 someone was asking you earlier about, do you recommend the changes that the HLC had, and 854 00:52:34,100 --> 00:52:41,020 you said yes, recognizing that we've got a policy in place for this board that a motion 855 00:52:41,020 --> 00:52:47,460 to approve unless otherwise stated is a motion to approve with the staff recommendations, 856 00:52:47,460 --> 00:52:52,540 is that a correct staff recommendation as stated, or is your staff recommendation also 857 00:52:52,540 --> 00:52:57,380 include the HLC recommendations, or does that need to be specified in the motion? 858 00:52:57,380 --> 00:52:59,100 - It needs to be specified in the motion. 859 00:52:59,100 --> 00:53:00,100 - Okay. 860 00:53:00,100 --> 00:53:01,100 - Thank you. 861 00:53:01,100 --> 00:53:02,100 Thank you for clarifying that. 862 00:53:02,100 --> 00:53:03,100 - Sure. 863 00:53:03,100 --> 00:53:07,180 - Any other questions for Roman? 864 00:53:07,180 --> 00:53:12,700 - Do we need to clarify, I guess on the last, if you can go pack a slide, where we talked 865 00:53:12,700 --> 00:53:18,820 about program, do we talk about, is it a program or is it a study that we look to move forward? 866 00:53:18,820 --> 00:53:23,300 I mean, do we wanna include that as part of the recommendation, just to-- 867 00:53:23,300 --> 00:53:24,300 - Recommend exploring. 868 00:53:24,300 --> 00:53:25,540 - Recommend exploring, yeah. 869 00:53:25,540 --> 00:53:31,180 - I would feel better saying recommend exploring it, letting that go through so that if we 870 00:53:31,180 --> 00:53:34,140 go through and do explore it and doesn't come back and, you know, when they come back to 871 00:53:34,140 --> 00:53:37,980 review this, we're not looking at the 1986 one and we're laughing at it, they're not 872 00:53:37,980 --> 00:53:38,980 looking at the 2019 one. 873 00:53:38,980 --> 00:53:39,980 - It has to be looking. 874 00:53:39,980 --> 00:53:40,980 - Laughing at it too, so. 875 00:53:40,980 --> 00:53:41,980 - Yeah, I agree. 876 00:53:41,980 --> 00:53:46,340 - I'd like to strike the program and make it to, I recommend exploring the partial full 877 00:53:46,340 --> 00:53:49,580 exemption from the City of Dent Property Taxes and Coordination with other applicable taxes. 878 00:53:49,580 --> 00:53:50,580 - Absolutely. 879 00:53:50,580 --> 00:53:51,580 - But let's just make sure to clarify that in the motion. 880 00:53:51,580 --> 00:53:52,580 - Okay. 881 00:53:52,580 --> 00:53:53,580 - Yeah. 882 00:53:53,580 --> 00:53:54,580 - Chambers. 883 00:53:54,580 --> 00:53:55,580 - That works. 884 00:53:55,580 --> 00:53:56,580 - Thank you, Roman, for the presentation. 885 00:53:56,580 --> 00:53:57,580 - Thank you, Commissioner. 886 00:53:57,580 --> 00:54:05,540 - Moving on to the public hearings this evening, 5AZ18-0013A has been removed. 887 00:54:05,540 --> 00:54:17,020 Moving to 5B, Sean Jacobson can present to us this replat. 888 00:54:17,020 --> 00:54:26,740 - Good evening, Chair and members of the Commission. 889 00:54:26,740 --> 00:54:32,020 Before you for consideration tonight is a final replat of Lot 1 Block A of the Brazil 890 00:54:32,020 --> 00:54:39,140 addition, so it's a 4.994 acre property at the corner of Fort Worth Drive and Wildflower. 891 00:54:39,140 --> 00:54:44,820 The proposal is to replat that into two lots of equal size. 892 00:54:44,820 --> 00:54:50,420 Each one would be, let's see, 2.447 acres. 893 00:54:50,420 --> 00:54:55,020 Where it is within the city, it's in the NR2 Zoning District, and so both lots proposed 894 00:54:55,020 --> 00:54:59,260 would meet all the dimensional standards of the NR2 Zoning District. 895 00:54:59,260 --> 00:55:05,620 Overall, this replat meets all of the requirements that we have, and staff recommends approval. 896 00:55:05,620 --> 00:55:06,620 - Fantastic. 897 00:55:06,620 --> 00:55:08,260 Any questions for Sean? 898 00:55:08,260 --> 00:55:09,260 Great. 899 00:55:09,260 --> 00:55:10,260 Thank you. 900 00:55:10,260 --> 00:55:32,260 Next item is 5C, the final replat presented by Karina Maldonado. 901 00:55:32,260 --> 00:55:44,380 I'm Karina Maldonado, assistant planner with the City of Denton. 902 00:55:44,380 --> 00:55:49,420 Today I will be presenting a replat for the Fire Station 8. 903 00:55:49,420 --> 00:55:52,860 It is for Lot 4R Block 1. 904 00:55:52,860 --> 00:55:59,700 It is to combine two lots, one that was previously platted and one that is unplatted, for a total 905 00:55:59,700 --> 00:56:03,380 of 5.156 acres. 906 00:56:03,380 --> 00:56:07,460 This is currently zone RCCN under the 2002 code. 907 00:56:07,460 --> 00:56:15,540 They will be submitting under the 2019 code, so that will transition to the PF Zoning District. 908 00:56:15,540 --> 00:56:17,540 Staff is recommending approval. 909 00:56:17,540 --> 00:56:24,060 It is just to, again, combine the lots and provide right-of-way dedication. 910 00:56:24,060 --> 00:56:25,900 - Any questions for Karina? 911 00:56:25,900 --> 00:56:29,660 Thank you very much. 912 00:56:29,660 --> 00:56:34,420 The next item is 5D, the AESA presented by Haley Zygirsky. 913 00:56:34,420 --> 00:56:44,980 Commissioner Kohler, are you set out for this one? 914 00:56:44,980 --> 00:56:53,980 - Good evening. 915 00:56:53,980 --> 00:56:59,140 This is an alternative, environmentally sensitive area plan for Fisher 59 for some modifications 916 00:56:59,140 --> 00:57:00,780 to the floodplain designation. 917 00:57:00,780 --> 00:57:05,300 I'll actually be tag-teaming this presentation with Christy Upton, so I'll try to make that 918 00:57:05,300 --> 00:57:08,580 transition as smooth as possible. 919 00:57:08,580 --> 00:57:13,300 The request before you is to hold a public hearing this evening and consider making a 920 00:57:13,300 --> 00:57:18,100 recommendation to the council regarding a request by Fisher 59 for this alternative 921 00:57:18,100 --> 00:57:19,100 ESA plan. 922 00:57:19,100 --> 00:57:21,300 There are properties outlined in yellow on the map. 923 00:57:21,300 --> 00:57:23,420 It is just under 50 acres. 924 00:57:23,420 --> 00:57:28,740 It's located roughly at the intersection of University here on the south side and Mosque 925 00:57:28,740 --> 00:57:34,460 Branch Road on the eastern boundary of the property. 926 00:57:34,460 --> 00:57:36,820 Notification was sent regarding this request over the summer. 927 00:57:36,820 --> 00:57:41,300 If you remember, this has appeared on your agenda several times since July. 928 00:57:41,300 --> 00:57:46,420 In that time, a few things have changed from what you may have originally read as our recommendations. 929 00:57:46,420 --> 00:57:51,020 In that time, they've received full FEMA approval of their associated CLOMAR, which 930 00:57:51,020 --> 00:57:55,740 are the map revisions for the floodplain, as well as receiving approval and a waiver 931 00:57:55,740 --> 00:58:00,700 from TxDOT for some additional detention ponds that they thought may be required to get their 932 00:58:00,700 --> 00:58:01,700 driveway permit. 933 00:58:01,700 --> 00:58:05,780 But all of that has now been cleared up, and the original plan from July is back before 934 00:58:05,780 --> 00:58:08,780 us this evening. 935 00:58:08,780 --> 00:58:12,540 The zoning for this property is employment center industrial, so the distribution center 936 00:58:12,540 --> 00:58:16,220 and warehouse that is currently being constructed on a part of this property is of permitted 937 00:58:16,220 --> 00:58:18,780 use. 938 00:58:18,780 --> 00:58:21,340 This originally started back in 2009. 939 00:58:21,340 --> 00:58:24,820 The original ESA field assessment was done at that time for the two creeks that were 940 00:58:24,820 --> 00:58:26,500 on the property. 941 00:58:26,500 --> 00:58:30,380 That assessment did result in the removal of the riparian buffer designation on both 942 00:58:30,380 --> 00:58:32,140 of those streams. 943 00:58:32,140 --> 00:58:39,980 So the eastern stream had some erosion conditions present, as well as it was already restricted 944 00:58:39,980 --> 00:58:43,780 by the at-grade crossing at university, so that designation was removed for the area 945 00:58:43,780 --> 00:58:45,260 that we'll be looking at this evening. 946 00:58:45,260 --> 00:58:48,060 So now it's strictly the floodplain designation. 947 00:58:48,060 --> 00:58:51,940 And then this western channel, you may have seen if you looked at our maps, there used 948 00:58:51,940 --> 00:58:56,540 to be a stream there, but as a part of this ESA field assessment combined with the LOMAR, 949 00:58:56,540 --> 00:59:02,980 which is a letter of map revision, that FEMA approved in 2013, that was channelized. 950 00:59:02,980 --> 00:59:10,300 So what you may remember seeing in the past few months, right about a year ago, in September 951 00:59:10,300 --> 00:59:13,900 of last year, you approved the preliminary plat for two lots. 952 00:59:13,900 --> 00:59:18,100 So on lot one, you can see here in the hatched area, that is that now channelized western 953 00:59:18,100 --> 00:59:20,860 stream that used to be on the property. 954 00:59:20,860 --> 00:59:23,460 This lot one was final plotted last November. 955 00:59:23,460 --> 00:59:27,140 If you've been by the property, you'll see that they are well underway with construction 956 00:59:27,140 --> 00:59:30,740 of the distribution center on that site. 957 00:59:30,740 --> 00:59:34,140 What's led us to the need for this alternative ESA is that that facility is large enough 958 00:59:34,140 --> 00:59:37,540 that fire code requires two points of access to the facility. 959 00:59:37,540 --> 00:59:41,220 So they were able to get one driveway onto Highway 380. 960 00:59:41,220 --> 00:59:45,340 They are looking at a second driveway and have plans for it to connect to Moss Branch 961 00:59:45,340 --> 00:59:46,380 Road. 962 00:59:46,380 --> 00:59:51,100 So lot two of the plat was separated to allow them to move the building forward while working 963 00:59:51,100 --> 00:59:54,060 through the floodplain and the alternative ESA conditions. 964 00:59:54,060 --> 00:59:58,380 So if this is approved by council, they will be pursuing that driveway to obtain that required 965 00:59:58,380 --> 01:00:01,500 second point of access for their facility. 966 01:00:01,500 --> 01:00:05,820 And with that, I will let Christy come up and get more into the technical aspects of 967 01:00:05,820 --> 01:00:11,300 the report. 968 01:00:11,300 --> 01:00:15,100 Christy Upton, Environmental Compliance Coordinator. 969 01:00:15,100 --> 01:00:18,660 And we wanted to let you know about the other field assessment. 970 01:00:18,660 --> 01:00:25,100 So after the plans for this project started, another field assessment was conducted on 971 01:00:25,100 --> 01:00:29,220 the floodplain of that stream. 972 01:00:29,220 --> 01:00:32,900 And it was determined to be undeveloped floodplain. 973 01:00:32,900 --> 01:00:41,700 And it was found to be predominantly in a natural state, and that's the designation. 974 01:00:41,700 --> 01:00:51,180 The proposed encroachment, as Haley has explained, is to construct a drive approach through that 975 01:00:51,180 --> 01:00:57,220 floodplain and over it to be able to access the property. 976 01:00:57,220 --> 01:01:02,780 And there is a conditional letter of map approval or map revision that has been approved at 977 01:01:02,780 --> 01:01:05,300 this time. 978 01:01:05,300 --> 01:01:13,020 The proposed encroachments, this exhibit is a little bit confusing, so I wanted to walk 979 01:01:13,020 --> 01:01:14,460 through it with you. 980 01:01:14,460 --> 01:01:20,740 If you notice this kind of purplish area here, that is the original floodplain. 981 01:01:20,740 --> 01:01:29,780 And then there will be 7,775 cubic feet of fill to construct that drive that is located 982 01:01:29,780 --> 01:01:33,300 generally within that blue area that you see. 983 01:01:33,300 --> 01:01:39,660 And then there will be 11,870 cubic yards of cut in order to compensate for the loss 984 01:01:39,660 --> 01:01:41,220 of the valley storage. 985 01:01:41,220 --> 01:01:47,020 So as they construct this area and they're filling in the floodplain, they have to remove 986 01:01:47,020 --> 01:01:53,660 parts of what is now slopes of that floodplain in order to create more valley storage. 987 01:01:53,660 --> 01:02:01,980 And that in general will be from the hashed line through this red area here and then also 988 01:02:01,980 --> 01:02:04,900 to the south here. 989 01:02:04,900 --> 01:02:13,100 And then there will be 5.51 acres of that existing floodplain that will be disturbed. 990 01:02:13,100 --> 01:02:19,700 And then .27 acres, generally a quarter of an acre of the existing floodplain that's 991 01:02:19,700 --> 01:02:26,820 going to be permanently removed as floodplain. 992 01:02:26,820 --> 01:02:33,180 As you've heard earlier tonight, there is criteria for approval for the flexibility 993 01:02:33,180 --> 01:02:45,400 and discretionary of this process to provide for the deviation from the Denton Development 994 01:02:45,400 --> 01:02:50,340 Code and requiring protection of the environmentally sensitive areas. 995 01:02:50,340 --> 01:02:57,380 And in general, as to create or expand or improve the habitat that currently exists, 996 01:02:57,380 --> 01:03:04,260 improve the impacted environment in some manner to maintain the habitat continuity, to maximize 997 01:03:04,260 --> 01:03:11,140 public access and utilization, preserve the protected area in perpetuity, and create a 998 01:03:11,140 --> 01:03:19,100 high quality development. 999 01:03:19,100 --> 01:03:24,860 So the first strategy that the applicant has chosen is to create a water quality enhancement 1000 01:03:24,860 --> 01:03:25,860 feature. 1001 01:03:25,860 --> 01:03:32,180 They'll be constructing two bioretention basins generally in those areas that are shown 1002 01:03:32,180 --> 01:03:34,740 in red here. 1003 01:03:34,740 --> 01:03:39,300 And they will be constructed to offset the removed water quality treatment offered by 1004 01:03:39,300 --> 01:03:49,220 that floodplain's natural features to help kind of explain how that water quality enhancement 1005 01:03:49,220 --> 01:03:51,420 works. 1006 01:03:51,420 --> 01:03:59,180 The applicant first tried to create a comparison of the standards of that floodplain that's 1007 01:03:59,180 --> 01:04:06,060 going to be removed in comparison to the water quality treatment that will be provided by 1008 01:04:06,060 --> 01:04:13,260 those bioretention systems, so they start by determining the storage that is currently 1009 01:04:13,260 --> 01:04:17,500 provided by the floodplain to capture and remove pollutants. 1010 01:04:17,500 --> 01:04:22,180 And that would be that pre-project water quality volume. 1011 01:04:22,180 --> 01:04:29,600 They will be, by removing the driveway, they would be removing the floodplain for the driveway. 1012 01:04:29,600 --> 01:04:37,340 They would be removing that portion of the water quality components that would be offered 1013 01:04:37,340 --> 01:04:39,620 by the natural floodplain. 1014 01:04:39,620 --> 01:04:48,540 And so to compensate for that, and the volume of the water quality volume treatment, water 1015 01:04:48,540 --> 01:05:00,300 quality volume that will be treated, is shown in that blue area above the post-construction, 1016 01:05:00,300 --> 01:05:01,300 post-project column. 1017 01:05:01,300 --> 01:05:04,860 Sorry, I'll clean that up. 1018 01:05:04,860 --> 01:05:10,740 That one's hard to explain and get through. 1019 01:05:10,740 --> 01:05:18,380 So for the second mitigation strategy, the applicant has proposed to replace and enhance 1020 01:05:18,380 --> 01:05:22,380 the habitat that currently exists. 1021 01:05:22,380 --> 01:05:30,980 So for the cut and fill, they will be removing the vegetation from 5.51 acres of land. 1022 01:05:30,980 --> 01:05:42,220 And then they will be planting six acres of vegetation, all will be a native drain field 1023 01:05:42,220 --> 01:05:44,740 mix of some sort. 1024 01:05:44,740 --> 01:05:52,140 That will be 5.24 acres within the current floodplain and then another three quarters 1025 01:05:52,140 --> 01:05:57,780 of an acre outside of what is currently the floodplain. 1026 01:05:57,780 --> 01:06:02,900 And then there will be a little over a quarter of an acre that they'll be planting in those 1027 01:06:02,900 --> 01:06:10,580 bioretention systems with the native plant mix as well. 1028 01:06:10,580 --> 01:06:16,820 For approval, there will be several conditions placed on the applicant. 1029 01:06:16,820 --> 01:06:19,140 There will be a three-year monitoring period. 1030 01:06:19,140 --> 01:06:24,860 The developer will replace any dead material, plant material within that time frame, and 1031 01:06:24,860 --> 01:06:29,980 repair any rotted land, remove any trash that's found. 1032 01:06:29,980 --> 01:06:35,460 There will be an annual report to describe the activities during that period of time. 1033 01:06:35,460 --> 01:06:40,620 And after three years, environmental services will inspect for conformance with the alternative 1034 01:06:40,620 --> 01:06:47,140 ESA plan, and then if we find that there's conformance with the plan, then we will issue 1035 01:06:47,140 --> 01:06:50,580 a final acceptance. 1036 01:06:50,580 --> 01:06:57,240 In addition to that, the applicant has also agreed to a maintenance plan that you can 1037 01:06:57,240 --> 01:07:09,220 find in the alternative ESA plan in Appendix E, and in that they have committed to a long-term 1038 01:07:09,220 --> 01:07:13,900 management and monitoring of the bioretention system that would include trash and sediment 1039 01:07:13,900 --> 01:07:21,540 removal and vegetation maintenance. 1040 01:07:21,540 --> 01:07:26,860 You will find these recommendations in your backup material. 1041 01:07:26,860 --> 01:07:32,400 I will just kind of skim through them. 1042 01:07:32,400 --> 01:07:39,100 There's the permanent removal of the quarter of an acre of the floodplain, and the disturbance 1043 01:07:39,100 --> 01:07:46,460 would be limited to the five and a half acres, and there would be seeding to replace the 1044 01:07:46,460 --> 01:07:52,860 vegetation that would be removed, and the construction of the two bioretention systems. 1045 01:07:52,860 --> 01:08:03,180 And we have struck condition number four, because the applicant has satisfied TechStat's 1046 01:08:03,180 --> 01:08:10,420 requirements, and TechStat is no longer requiring or has waived a requirement for the additional 1047 01:08:10,420 --> 01:08:15,460 detention that they were originally requesting. 1048 01:08:15,460 --> 01:08:23,340 We will also allow for five percent of modifications to that bioretention system that they are 1049 01:08:23,340 --> 01:08:29,940 constructing and allowing some flexibility with staff to approve up to five percent of 1050 01:08:29,940 --> 01:08:35,980 modification of that bioretention system, but not reducing the water quality treatment 1051 01:08:35,980 --> 01:08:38,260 that would be provided. 1052 01:08:38,260 --> 01:08:47,460 And then the long-term or the three-year maintenance period and acceptance is within that recommendation. 1053 01:08:47,460 --> 01:08:48,460 Any questions? 1054 01:08:48,460 --> 01:08:56,940 Just for clarity, Christine, the water now will flow unimpededly through concrete culverts? 1055 01:08:56,940 --> 01:08:57,940 No. 1056 01:08:57,940 --> 01:08:58,940 Okay. 1057 01:08:58,940 --> 01:08:59,940 Yes. 1058 01:08:59,940 --> 01:09:00,940 I'm sorry. 1059 01:09:00,940 --> 01:09:01,940 Yes. 1060 01:09:01,940 --> 01:09:02,940 I see what you're saying. 1061 01:09:02,940 --> 01:09:04,940 As opposed to a bridge or something like that? 1062 01:09:04,940 --> 01:09:09,620 There would be concrete culverts within that red area right there. 1063 01:09:09,620 --> 01:09:12,820 And they'll be covered with soil, and then native seed will be planted over there? 1064 01:09:12,820 --> 01:09:16,740 The native seed would be planted within that disturbed areas here. 1065 01:09:16,740 --> 01:09:17,740 Great. 1066 01:09:17,740 --> 01:09:18,740 Thank you. 1067 01:09:18,740 --> 01:09:19,860 Any other questions? 1068 01:09:19,860 --> 01:09:20,860 Okay. 1069 01:09:20,860 --> 01:09:21,860 Thank you. 1070 01:09:21,860 --> 01:09:22,860 Okay. 1071 01:09:22,860 --> 01:09:40,220 Does Commissioner Cole hang around here close by? 1072 01:09:40,220 --> 01:09:47,740 Thanks. 1073 01:09:47,740 --> 01:09:49,740 So that concludes the agenda for this evening. 1074 01:09:49,740 --> 01:09:52,140 There's a couple items that aren't on the agenda. 1075 01:09:52,140 --> 01:09:57,380 So I'm going to informally bring these up as a way of just making some announcements. 1076 01:09:57,380 --> 01:10:02,140 First, I want to welcome Mr. Ronnie Anderson to the Planning Commission Board. 1077 01:10:02,140 --> 01:10:06,740 We look forward to serving with you, and I appreciate already the service and the volunteer 1078 01:10:06,740 --> 01:10:07,820 who joined us. 1079 01:10:07,820 --> 01:10:11,140 And so thank you for being here and welcome aboard. 1080 01:10:11,140 --> 01:10:14,900 Second, with the one coming on, we have one leaving us. 1081 01:10:14,900 --> 01:10:19,540 I think maybe this is final. 1082 01:10:19,540 --> 01:10:23,980 So real quick, Commissioner Beck, I have to do this in back-to-back meetings, which is 1083 01:10:23,980 --> 01:10:24,980 terrible. 1084 01:10:24,980 --> 01:10:27,140 But I want to say thank you. 1085 01:10:27,140 --> 01:10:28,380 You and I came in at the same time. 1086 01:10:28,380 --> 01:10:31,060 So four years we've been serving on Wednesday nights together. 1087 01:10:31,060 --> 01:10:34,780 And so personally, I appreciate the feedback you've given us. 1088 01:10:34,780 --> 01:10:37,580 We, I think, healthily don't see eye to eye on things. 1089 01:10:37,580 --> 01:10:39,260 I think it's good for this board. 1090 01:10:39,260 --> 01:10:42,580 It cultivates, I think, good conversation and good things for the city. 1091 01:10:42,580 --> 01:10:49,340 I appreciate you in a lot of ways taking up Commissioner Briegel's stance on biking locations 1092 01:10:49,340 --> 01:10:52,780 for parking and trees and all those things. 1093 01:10:52,780 --> 01:10:55,300 So I appreciate you being an advocate for those the past four years. 1094 01:10:55,300 --> 01:10:59,260 And we'll see if your nomination for Board of Ethics goes through. 1095 01:10:59,260 --> 01:11:02,500 But if that goes through, have fun. 1096 01:11:02,500 --> 01:11:09,900 And thanks for -- you won't see me. 1097 01:11:09,900 --> 01:11:10,900 In all seriousness, thank you. 1098 01:11:10,900 --> 01:11:12,740 You mean a lot to this commission and to this city. 1099 01:11:12,740 --> 01:11:15,820 And so we have -- I'm not going to walk it down to you, but we have a -- I don't know 1100 01:11:15,820 --> 01:11:19,140 what you call this -- a certificate for you for your service. 1101 01:11:19,140 --> 01:11:23,700 So thank you very much. 1102 01:11:23,700 --> 01:11:29,580 With that departure, I also want to bring up the fact that we will now have a DCRC empty 1103 01:11:29,580 --> 01:11:31,340 spot going forward. 1104 01:11:31,340 --> 01:11:37,700 DCRC is a joint subcommittee between City Council and P&Z to go over the Ditten Development 1105 01:11:37,700 --> 01:11:40,980 Code and other items pertaining to that. 1106 01:11:40,980 --> 01:11:43,020 So I'm not going to ask for volunteers this evening. 1107 01:11:43,020 --> 01:11:47,060 But if you think about it, next meeting, we will formally have on the agenda the ability 1108 01:11:47,060 --> 01:11:49,340 to volunteer to serve on that board. 1109 01:11:49,340 --> 01:11:52,140 I'm not sure the current status, if it's winding down or not. 1110 01:11:52,140 --> 01:11:53,140 Kishalis. 1111 01:11:53,140 --> 01:11:54,140 Thank you, Chair. 1112 01:11:54,140 --> 01:11:56,220 I can add to that, because I'm sitting on that committee. 1113 01:11:56,220 --> 01:12:00,820 But generally, we've been meeting on Fridays from 11 a.m. to 1. 1114 01:12:00,820 --> 01:12:04,540 I believe, and I think Richard can probably clarify this, that it is going to end at the 1115 01:12:04,540 --> 01:12:05,540 end of the year. 1116 01:12:05,540 --> 01:12:06,540 Okay. 1117 01:12:06,540 --> 01:12:09,420 What it appears to be. 1118 01:12:09,420 --> 01:12:12,300 So it would be a potentially short volunteer service. 1119 01:12:12,300 --> 01:12:17,020 So -- Yeah, but it will be most Friday. 1120 01:12:17,020 --> 01:12:18,020 Please. 1121 01:12:18,020 --> 01:12:19,020 Commissioner Ellis. 1122 01:12:19,020 --> 01:12:20,500 Thank you again, Chair. 1123 01:12:20,500 --> 01:12:23,380 I can also add, it's great conversation. 1124 01:12:23,380 --> 01:12:27,860 There's three council people, three people from P&Z. 1125 01:12:27,860 --> 01:12:31,420 It's really good conversation having to do with the implementation and changes that are 1126 01:12:31,420 --> 01:12:35,820 going on between at the state level and our new code. 1127 01:12:35,820 --> 01:12:36,820 Yeah. 1128 01:12:36,820 --> 01:12:41,100 If you all schedule permits, it would be a good thing to fill that void. 1129 01:12:41,100 --> 01:12:44,900 Commissioner Becks is leaving big shoes, but I think someone on this board can certainly 1130 01:12:44,900 --> 01:12:48,720 do that if the time schedule permits. 1131 01:12:48,720 --> 01:12:50,340 That's all I have for the work session. 1132 01:12:50,340 --> 01:12:55,260 We will get a quick bite to eat, but let's plan on being in council chambers at 635. 1133 01:12:55,260 --> 01:12:56,260 Thank you. 1134 01:12:56,260 --> 01:13:01,760 I'll close the work session at 5 -- no, 622. 1135 01:13:01,760 --> 01:13:04,900 Good evening, ladies and gentlemen, and welcome to the Planning and Zoning Commission meeting 1136 01:13:04,900 --> 01:13:06,580 for September 18th, 2019. 1137 01:13:06,580 --> 01:13:12,060 Seeing that we do have a quorum, I'll call this meeting to order at 639. 1138 01:13:12,060 --> 01:13:15,740 The first item of business is to stand if able and to give the Pledge of Allegiance 1139 01:13:15,740 --> 01:13:16,740 to the U.S. and Texas flag. 1140 01:13:16,740 --> 01:13:17,740 I pledge allegiance to the flag of the United States of America and to the Republic for 1141 01:13:17,740 --> 01:13:18,740 which it stands, one nation, under God, indivisible, with liberty and justice for all. 1142 01:13:18,740 --> 01:13:19,740 Honored by the Texas flag, I pledge allegiance to thee, Texas, one state, under God, one 1143 01:13:19,740 --> 01:13:20,740 and indivisible. 1144 01:13:20,740 --> 01:13:21,740 Thank you. 1145 01:13:21,740 --> 01:13:49,020 The next item of business is to consider approval of the amendments from August 21st, 2019. 1146 01:13:49,020 --> 01:13:57,860 We have a first and a second for approval. 1147 01:13:57,860 --> 01:14:00,620 Any discussion on the item? 1148 01:14:00,620 --> 01:14:06,500 Seeing none, I'll call for a vote on the board. 1149 01:14:06,500 --> 01:14:26,060 I have to say abstain. 1150 01:14:26,060 --> 01:14:27,060 Motion carries 5-0. 1151 01:14:27,060 --> 01:14:32,060 The next item of business is to consider our consent agenda. 1152 01:14:32,060 --> 01:14:34,100 Commissioner Smith? 1153 01:14:34,100 --> 01:14:35,100 Motion to approve. 1154 01:14:35,100 --> 01:14:36,580 We have a first for approval. 1155 01:14:36,580 --> 01:14:37,580 Commissioner Ellis? 1156 01:14:37,580 --> 01:14:38,580 Second. 1157 01:14:38,580 --> 01:14:39,580 We have a first and a second for approval. 1158 01:14:39,580 --> 01:14:41,900 Any discussion on the item? 1159 01:14:41,900 --> 01:14:54,540 Seeing none, I'll call for a vote on the board. 1160 01:14:54,540 --> 01:14:57,180 Motion carries 7-0. 1161 01:14:57,180 --> 01:14:59,700 The next item of business is item 4A. 1162 01:14:59,700 --> 01:15:01,220 It's considering a point. 1163 01:15:01,220 --> 01:15:06,940 The plan and zoning chair and vice chair position will take a motion, a vote for chair, then 1164 01:15:06,940 --> 01:15:09,020 a motion and vote for vice chair. 1165 01:15:09,020 --> 01:15:10,020 Commissioner Ellis? 1166 01:15:10,020 --> 01:15:11,020 Thank you, chair. 1167 01:15:11,020 --> 01:15:15,140 I would like to nominate you, Chair Rozelle, to remain as chair. 1168 01:15:15,140 --> 01:15:16,140 I appreciate that. 1169 01:15:16,140 --> 01:15:17,140 Thank you. 1170 01:15:17,140 --> 01:15:18,820 We have a first, or motion, Commissioner Smith? 1171 01:15:18,820 --> 01:15:19,820 I second. 1172 01:15:19,820 --> 01:15:20,820 Appreciate that. 1173 01:15:20,820 --> 01:15:23,860 Seeing we have a first and a second, do we have any discussion on the item for chair? 1174 01:15:23,860 --> 01:15:29,100 Seeing none, I'll call for a vote on the board. 1175 01:15:29,100 --> 01:15:36,300 Motion carries 7-0. 1176 01:15:36,300 --> 01:15:37,300 Thank you all. 1177 01:15:37,300 --> 01:15:40,460 The next item is consider vice chair, Commissioner Smith? 1178 01:15:40,460 --> 01:15:43,940 A motion to nominate Commissioner Ellis for vice chair position. 1179 01:15:43,940 --> 01:15:46,660 Commissioner Ellis, do you accept the nomination? 1180 01:15:46,660 --> 01:15:47,660 I do. 1181 01:15:47,660 --> 01:15:48,660 Thank you. 1182 01:15:48,660 --> 01:15:49,660 We have a first. 1183 01:15:49,660 --> 01:15:50,660 Commissioner Pernetta? 1184 01:15:50,660 --> 01:15:51,660 I second the motion. 1185 01:15:51,660 --> 01:15:52,660 We have a first and a second for approval. 1186 01:15:52,660 --> 01:15:53,660 Any discussion on the item? 1187 01:15:53,660 --> 01:15:58,620 Seeing none, we'll vote on the board for the position of vice chair. 1188 01:15:58,620 --> 01:16:03,620 Thank you. 1189 01:16:03,620 --> 01:16:04,620 Motion carries 7-0. 1190 01:16:04,620 --> 01:16:05,620 Congratulations. 1191 01:16:05,620 --> 01:16:06,620 Thank you. 1192 01:16:06,620 --> 01:16:11,660 The next item for consideration is a consider request by Commissioner Cole to reclassify 1193 01:16:11,660 --> 01:16:14,100 his absence on August 21st. 1194 01:16:14,100 --> 01:16:19,100 I'll ask Commissioner Cole to step away, and we have a discussion or a motion. 1195 01:16:19,100 --> 01:16:20,100 Commissioner Ellis? 1196 01:16:20,100 --> 01:16:23,180 I move approval of reclassifying. 1197 01:16:23,180 --> 01:16:24,980 We have a first for the reclassification. 1198 01:16:24,980 --> 01:16:25,980 Commissioner Smith? 1199 01:16:25,980 --> 01:16:26,980 Second. 1200 01:16:26,980 --> 01:16:29,220 We have a first and a second for reclassifying his absence. 1201 01:16:29,220 --> 01:16:32,060 Any discussion on the matter? 1202 01:16:32,060 --> 01:16:43,620 Seeing none, I'll call for a vote on the board. 1203 01:16:43,620 --> 01:16:49,620 Motion carries 6-0 with one recuse on by Commissioner Cole back to the dais. 1204 01:16:49,620 --> 01:16:56,340 Next item of business is item 4C, a presentation by Roman McAllen on the historic preservation 1205 01:16:56,340 --> 01:17:00,060 plan. 1206 01:17:00,060 --> 01:17:29,340 Or not. 1207 01:17:29,340 --> 01:17:33,060 So what we'll go ahead and do is we will skip 4C for right now, we'll take that item out 1208 01:17:33,060 --> 01:17:38,700 of order later in the evening, so that'll go ahead and move us to the public hearings. 1209 01:17:38,700 --> 01:17:43,980 Item 5A, just for the record, has been removed from the agenda, so we will not be hearing 1210 01:17:43,980 --> 01:17:48,220 item 5A, Z18-13A. 1211 01:17:48,220 --> 01:17:56,200 That brings us to item 5B, FR19-0011, and I'll invite Sean Jacobson for presentation 1212 01:17:56,200 --> 01:18:04,980 on the final replat. 1213 01:18:04,980 --> 01:18:15,740 And I'll open the public hearing. 1214 01:18:15,740 --> 01:18:17,700 Good evening Chair and members of the commission. 1215 01:18:17,700 --> 01:18:21,940 My name is Sean Jacobson, assistant planner with development services. 1216 01:18:21,940 --> 01:18:28,900 I'm here tonight to present a final replat of lot 1, block A, of the Brazil edition. 1217 01:18:28,900 --> 01:18:34,980 It's a 4.994 acre property, generally located at the southeast corner of the intersection 1218 01:18:34,980 --> 01:18:39,260 of Fort Worth Drive and Wildflower Place. 1219 01:18:39,260 --> 01:18:48,300 What is being requested is a replat into two lots of equal size, both to be 2.447 acre 1220 01:18:48,300 --> 01:18:51,020 lots. 1221 01:18:51,020 --> 01:18:56,660 These lots would both meet the standards of the NR2 zoning district in which the property 1222 01:18:56,660 --> 01:18:58,380 is located. 1223 01:18:58,380 --> 01:19:04,940 And as this replat meets all other standards, staff recommends approval. 1224 01:19:04,940 --> 01:19:06,900 Thank you Sean. 1225 01:19:06,900 --> 01:19:07,900 Any questions? 1226 01:19:07,900 --> 01:19:10,820 I don't see any questions, thank you. 1227 01:19:10,820 --> 01:19:11,820 This is the public hearing. 1228 01:19:11,820 --> 01:19:15,700 Anyone wishing to speak on the item may certainly do so. 1229 01:19:15,700 --> 01:19:19,660 Seeing no movement. 1230 01:19:19,660 --> 01:19:23,060 I will close the public hearing and turn today's for discussion or motion. 1231 01:19:23,060 --> 01:19:24,060 Commissioner Smith? 1232 01:19:24,060 --> 01:19:25,060 Motion to approve. 1233 01:19:25,060 --> 01:19:26,740 We have a first for approval. 1234 01:19:26,740 --> 01:19:27,740 Commissioner Pernetta? 1235 01:19:27,740 --> 01:19:28,740 Second the motion. 1236 01:19:28,740 --> 01:19:31,340 We have a second for approval. 1237 01:19:31,340 --> 01:19:34,300 Any discussion on the item? 1238 01:19:34,300 --> 01:19:41,900 Seeing none, I'll call for a vote on the board. 1239 01:19:41,900 --> 01:19:42,900 Motion carries 7-0. 1240 01:19:42,900 --> 01:19:51,460 The next item of business item 5C, FR19-7, I'll invite Karina Maldonado for presentation. 1241 01:19:51,460 --> 01:20:09,860 My name is Karina Maldonado, assistant planner of development services. 1242 01:20:09,860 --> 01:20:17,260 Today I'll be taking a non-residential replat for lot 4R block 1 of the fire station number 1243 01:20:17,260 --> 01:20:18,900 8 addition. 1244 01:20:18,900 --> 01:20:25,500 This is to plat 1, previously platted lot under the Denton Regional Medical Center phase 3 1245 01:20:25,500 --> 01:20:31,820 with a unplatted tract to combine them for the future fire station number 8. 1246 01:20:31,820 --> 01:20:39,780 This is located near the intersection of Brinker Road and Colorado Boulevard. 1247 01:20:39,780 --> 01:20:46,100 It meets all requirements of the 2019 Denton Development Code. 1248 01:20:46,100 --> 01:20:53,620 The current zoning is RCCN under the 2002 code, and it will transition to the public 1249 01:20:53,620 --> 01:20:57,060 facilities or PF zoning district. 1250 01:20:57,060 --> 01:21:01,860 With that, we are recommending approval of the non-residential replat. 1251 01:21:01,860 --> 01:21:07,820 Thank you for the presentation. 1252 01:21:07,820 --> 01:21:10,000 This is a public hearing. 1253 01:21:10,000 --> 01:21:11,000 It is open. 1254 01:21:11,000 --> 01:21:13,780 If anyone wants to speak on the item. 1255 01:21:13,780 --> 01:21:20,340 Seeing none, I'll close the public hearing and turn to the days for discussion or motion. 1256 01:21:20,340 --> 01:21:21,340 Commissioner Preneta. 1257 01:21:21,340 --> 01:21:22,340 A motion to approve. 1258 01:21:22,340 --> 01:21:24,340 We have a first for approval. 1259 01:21:24,340 --> 01:21:25,340 Commissioner Ellis. 1260 01:21:25,340 --> 01:21:26,340 Second. 1261 01:21:26,340 --> 01:21:27,340 We have a first and a second for approval. 1262 01:21:27,340 --> 01:21:28,340 Any discussion on the item? 1263 01:21:28,340 --> 01:21:35,300 Seeing none, I'll call for a vote on the board. 1264 01:21:35,300 --> 01:21:41,900 Motion carries 7-0. 1265 01:21:41,900 --> 01:21:49,300 The next item for public hearings is item 5D, ASA 19-001D. 1266 01:21:49,300 --> 01:21:55,020 I'll invite Haley Zygursky for a presentation and open the public hearing. 1267 01:21:55,020 --> 01:22:04,980 Good evening, Haley Zygursky, Senior Planner, and this will be a joint presentation between 1268 01:22:04,980 --> 01:22:09,100 myself and Christy Upton with our environmental services department. 1269 01:22:09,100 --> 01:22:13,740 The request before you is to hold the public hearing and consider making a recommendation 1270 01:22:13,740 --> 01:22:19,460 to the City Council regarding a request by Fisher 59 Properties LLC for an alternative 1271 01:22:19,460 --> 01:22:21,660 environmentally sensitive area plan. 1272 01:22:21,660 --> 01:22:25,940 The subject property is just under 50 acres in size and is located on the north side of 1273 01:22:25,940 --> 01:22:31,560 West University, just west of Moss Branch Road. 1274 01:22:31,560 --> 01:22:35,100 If you recall, this item has been on your agenda several times before now. 1275 01:22:35,100 --> 01:22:39,900 It was originally noticed and the public hearing was first begun in July and since that time 1276 01:22:39,900 --> 01:22:45,580 it's been postponed a few times as the applicant works through some details of the project. 1277 01:22:45,580 --> 01:22:47,780 In that time, a few things have been cleared up. 1278 01:22:47,780 --> 01:22:53,660 They've received full approval through FEMA for their CLOMAR and they have also received 1279 01:22:53,660 --> 01:22:58,060 a waiver from TxDOT, so there's no longer additional detention required. 1280 01:22:58,060 --> 01:23:04,620 You may recall those were referenced in the original staff recommendations back in July. 1281 01:23:04,620 --> 01:23:09,160 The property is zoned employment center industrial, so the distribution center or warehouse use 1282 01:23:09,160 --> 01:23:13,680 that Fisher 59 has proposed is permitted on the property. 1283 01:23:13,680 --> 01:23:19,980 Back in 2009, a ESA field assessment was done of the two creeks that originally traversed 1284 01:23:19,980 --> 01:23:21,100 the property. 1285 01:23:21,100 --> 01:23:26,700 At that time, the conditions in place due to erosion and the existing crossing of one 1286 01:23:26,700 --> 01:23:30,840 of the streams under university led to both of the riparian buffer designations being 1287 01:23:30,840 --> 01:23:33,340 removed for those two streams. 1288 01:23:33,340 --> 01:23:36,260 They didn't meet the criteria at that time. 1289 01:23:36,260 --> 01:23:42,600 Subsequently, in 2013, a letter of map revision or LOMAR was done through FEMA that resulted 1290 01:23:42,600 --> 01:23:45,180 in the channelization of the western tributary. 1291 01:23:45,180 --> 01:23:47,720 That is not a part of our discussion here tonight. 1292 01:23:47,720 --> 01:23:52,700 All of the remaining floodplain on the property is surrounding that eastern channel. 1293 01:23:52,700 --> 01:23:56,860 Speaking of what has happened since then, in 2018, a preliminary plat was approved for 1294 01:23:56,860 --> 01:23:58,980 both lots. 1295 01:23:58,980 --> 01:24:02,860 The portion of the property outlined in blue is lot two. 1296 01:24:02,860 --> 01:24:07,080 Lot one is where, if you've driven by the property, you'll see the distribution center 1297 01:24:07,080 --> 01:24:09,620 is well under construction at this point in time. 1298 01:24:09,620 --> 01:24:13,980 This hatched area on lot one is that channelized stream that I referenced that used to be that 1299 01:24:13,980 --> 01:24:15,780 western tributary. 1300 01:24:15,780 --> 01:24:20,100 And then the hatched area on lot two is the floodplain that we'll be discussing this evening. 1301 01:24:20,100 --> 01:24:24,700 If this alternative ESA plan is approved, the applicant will be constructing a second 1302 01:24:24,700 --> 01:24:26,300 driveway for their site. 1303 01:24:26,300 --> 01:24:30,300 They have one driveway roughly in this area on University, but due to the size of the 1304 01:24:30,300 --> 01:24:33,620 facility, it does require two points of access to meet the fire code. 1305 01:24:33,620 --> 01:24:37,660 So this would be that second point of access to their site off of Moss Branch. 1306 01:24:37,660 --> 01:24:41,980 And with that, I will turn this over to Christy now to go more into detail on the alternative 1307 01:24:41,980 --> 01:24:42,980 ESA plan. 1308 01:24:42,980 --> 01:24:43,980 Thank you, Haley. 1309 01:24:43,980 --> 01:24:53,700 Christy Upton, Environmental Compliance Coordinator, and the first component I wanted to explain 1310 01:24:53,700 --> 01:24:57,820 to you is to continue on with the ESA field assessments. 1311 01:24:57,820 --> 01:25:03,060 There was another ESA field assessment conducted in 2018 that assessed the floodplain that 1312 01:25:03,060 --> 01:25:09,060 was associated with that stream on the eastern side of the two lots. 1313 01:25:09,060 --> 01:25:14,860 The floodplain was found to be predominantly in a natural state and it was designated as 1314 01:25:14,860 --> 01:25:18,900 undeveloped floodplain ESA. 1315 01:25:18,900 --> 01:25:24,540 As Haley explained, there is a proposed encroachment into that undeveloped floodplain, which would 1316 01:25:24,540 --> 01:25:32,660 be a deviation from the ESA protection requirements that are outlined in the DDC. 1317 01:25:32,660 --> 01:25:42,540 And there is a conditional letter of map revision that has been sought and approved now from 1318 01:25:42,540 --> 01:25:45,540 PMOP. 1319 01:25:45,540 --> 01:25:50,420 A little bit more detail on the encroachments. 1320 01:25:50,420 --> 01:26:01,100 So we have the 7,775 cubic yards that will be filled within the floodplain that currently 1321 01:26:01,100 --> 01:26:08,700 exists and that fill will be located generally in the area where the drive approach will 1322 01:26:08,700 --> 01:26:10,580 be constructed. 1323 01:26:10,580 --> 01:26:19,780 To compensate for the fill of the floodplain, the applicant is proposing to remove or cut 1324 01:26:19,780 --> 01:26:25,060 away portions of the floodplain and that will allow for more valley storage, and that in 1325 01:26:25,060 --> 01:26:31,780 general is in the areas that are shown in red here up to the dotted line that are the 1326 01:26:31,780 --> 01:26:37,580 limits of the construction, both on the north side and the south side of the floodplain. 1327 01:26:37,580 --> 01:26:44,220 That will result in 5.51 acres of the existing floodplain that will be disturbed and nearly 1328 01:26:44,220 --> 01:26:49,180 a little over a quarter of the acres of the existing floodplain that will be permanently 1329 01:26:49,180 --> 01:26:53,700 removed. 1330 01:26:53,700 --> 01:27:03,300 For that deviation from the DDC, the code allows for flexibility and discretionary processes 1331 01:27:03,300 --> 01:27:13,680 to create those deviations and there will be a mitigation for the activity that will 1332 01:27:13,680 --> 01:27:20,020 include creating and expanding or improving the habitat, improving the impacted environment, 1333 01:27:20,020 --> 01:27:25,580 maintaining habitat continuity, maximizing public access and utilization, and preserving 1334 01:27:25,580 --> 01:27:34,420 the protected area in perpetuity and creating a high quality development. 1335 01:27:34,420 --> 01:27:40,580 The first mitigation strategy that the applicant is proposing is to create a water quality 1336 01:27:40,580 --> 01:27:42,580 enhancement. 1337 01:27:42,580 --> 01:27:46,100 This will be through a bioretention basin. 1338 01:27:46,100 --> 01:27:51,540 There will be two of them, one located in general in this location on the property and 1339 01:27:51,540 --> 01:27:57,180 the other in general right next to the floodplain. 1340 01:27:57,180 --> 01:28:06,860 These water quality features will treat the runoff before it reaches the floodplain. 1341 01:28:06,860 --> 01:28:14,060 The water quality enhancement, in order for the applicant to kind of create that apples 1342 01:28:14,060 --> 01:28:22,020 to apples comparison, they created a standard by analyzing the natural features and determining 1343 01:28:22,020 --> 01:28:32,660 the storage of the floodplain that is currently provided to capture and remove pollutants. 1344 01:28:32,660 --> 01:28:36,780 That would be reflected in this first column here. 1345 01:28:36,780 --> 01:28:45,020 By removing a portion, permanently removing that portion of the floodplain from, moving 1346 01:28:45,020 --> 01:28:51,540 a portion of the floodplain by constructing the driveway, the bioretention system will 1347 01:28:51,540 --> 01:28:57,940 be compensating for that water quality treatment and as you can see, it is a little bit more 1348 01:28:57,940 --> 01:29:04,140 than what is proposed to be removed. 1349 01:29:04,140 --> 01:29:11,540 The second mitigation strategy is to replace and enhance the habitat that currently exists 1350 01:29:11,540 --> 01:29:14,580 by constructing this drive approach. 1351 01:29:14,580 --> 01:29:19,220 They will be removing, or they will be cut through the cut and fill. 1352 01:29:19,220 --> 01:29:28,060 They will be disturbing 5.51 acres and they will be replacing that with little over six 1353 01:29:28,060 --> 01:29:33,060 acres of that seeded native drain field mix. 1354 01:29:33,060 --> 01:29:39,340 There will be five and a quarter acres will be what is currently in the floodplain and 1355 01:29:39,340 --> 01:29:45,100 three quarters of it in the area that is now going to be the new floodplain. 1356 01:29:45,100 --> 01:29:51,140 In addition to that, there will be a little over a quarter of an acre of native vegetation 1357 01:29:51,140 --> 01:29:55,140 that will be added to the bioretention systems. 1358 01:29:55,140 --> 01:30:01,560 The long term habitat management and monitoring plan is to have a three year monitoring period 1359 01:30:01,560 --> 01:30:05,380 to ensure that the vegetation gets established. 1360 01:30:05,380 --> 01:30:13,060 During that time, the developer will be replacing any dead plant material, repair any erosion, 1361 01:30:13,060 --> 01:30:20,180 and remove any trash and create an annual report that will be submitted to environmental services 1362 01:30:20,180 --> 01:30:22,260 for the activities that occur during that year. 1363 01:30:22,260 --> 01:30:27,420 There will be a final acceptance period after three years which environmental services will 1364 01:30:27,420 --> 01:30:35,540 inspect for conformance with that plan and if found to be in compliance then issue a 1365 01:30:35,540 --> 01:30:38,540 final acceptance. 1366 01:30:38,540 --> 01:30:44,340 There is another long term management and monitoring plan that you can find in appendix 1367 01:30:44,340 --> 01:30:52,420 E of the ALTA ESA plan and that includes a routine inspection checklist and routine and 1368 01:30:52,420 --> 01:31:00,180 non-routine maintenance including trash and sediment removal and vegetation maintenance. 1369 01:31:00,180 --> 01:31:06,660 The recommendations that are found in your backup materials are listed here to hit the 1370 01:31:06,660 --> 01:31:07,660 highlights. 1371 01:31:07,660 --> 01:31:16,220 The land disturbance will be limited to the 5.51 acres and the permanent removal of 0.27 1372 01:31:16,220 --> 01:31:24,940 acres of that flood plain and then there will be a seeding of the native prairie habitat 1373 01:31:24,940 --> 01:31:33,300 over six acres of land and construction of two bioretention systems with native vegetation 1374 01:31:33,300 --> 01:31:36,260 within those bioretention systems. 1375 01:31:36,260 --> 01:31:41,460 We have struck recommendation number four. 1376 01:31:41,460 --> 01:31:46,860 As Haley mentioned earlier because TechSat has waived the additional detention basing 1377 01:31:46,860 --> 01:31:56,060 requirements and then we are asking the applicant is asking for some flexibility to allow for 1378 01:31:56,060 --> 01:32:04,500 staff approval of up to 5% of the bioretention system being modified in some way as long 1379 01:32:04,500 --> 01:32:09,420 as the water quality component is not affected. 1380 01:32:09,420 --> 01:32:20,260 The following installation there will be the inspection and acceptance period. 1381 01:32:20,260 --> 01:32:23,260 Questions? 1382 01:32:23,260 --> 01:32:24,260 I do not see any. 1383 01:32:24,260 --> 01:32:26,860 Thanks for the presentation. 1384 01:32:26,860 --> 01:32:28,260 This is a public hearing. 1385 01:32:28,260 --> 01:32:37,300 Anyone wishing to speak on this item may certainly do so. 1386 01:32:37,300 --> 01:32:42,060 Seeing none, I will close the public hearing and turn the dais for discussion or motion. 1387 01:32:42,060 --> 01:32:43,060 Commissioner Smith. 1388 01:32:43,060 --> 01:32:44,060 Motion to approve. 1389 01:32:44,060 --> 01:32:48,780 We have a first for approval and just for clarification does that include all staff 1390 01:32:48,780 --> 01:32:49,780 recommendations? 1391 01:32:49,780 --> 01:32:50,780 Okay. 1392 01:32:50,780 --> 01:32:51,780 Seven strike four. 1393 01:32:51,780 --> 01:32:52,780 Commissioner Pernetta. 1394 01:32:52,780 --> 01:32:53,780 Second the motion. 1395 01:32:53,780 --> 01:32:57,060 We have a first and a second for approval. 1396 01:32:57,060 --> 01:33:00,540 Any discussion on the item? 1397 01:33:00,540 --> 01:33:05,540 Seeing none, I will call for a vote on the board. 1398 01:33:05,540 --> 01:33:14,420 Motion carries 6-0 with one recusal. 1399 01:33:14,420 --> 01:33:19,700 With that I invite Commissioner Cole back to the dais. 1400 01:33:19,700 --> 01:33:20,700 That concludes the public hearing. 1401 01:33:20,700 --> 01:33:22,860 Let's give them back in the agenda one page. 1402 01:33:22,860 --> 01:33:29,380 We are going to go to item 4C for presentation from Roland McAllen about the historic preservation 1403 01:33:29,380 --> 01:33:30,380 plan. 1404 01:33:30,380 --> 01:33:31,380 Thank you, Chair. 1405 01:33:31,380 --> 01:33:32,380 Good evening, commissioners. 1406 01:33:32,380 --> 01:33:47,660 I'm Roman McAllen, the historic preservation officer, and I have an item for you here. 1407 01:33:47,660 --> 01:33:54,020 I'm going to ask you to consider the historic preservation plan for the City of Denton and 1408 01:33:54,020 --> 01:33:59,140 to hold a public meeting and consider recommending to City Council regarding a resolution adopting 1409 01:33:59,140 --> 01:34:04,540 the vision, value statements, goals, policies, recommendations and the implementation matrix 1410 01:34:04,540 --> 01:34:08,020 as proposed in the Denton historic preservation plan. 1411 01:34:08,020 --> 01:34:09,980 A little bit about where we are today. 1412 01:34:09,980 --> 01:34:15,540 The current preservation plan for the City of Denton was adopted in 1985, and that plan 1413 01:34:15,540 --> 01:34:21,460 was the impetus for significant historic preservation efforts in Denton, and many of the objectives 1414 01:34:21,460 --> 01:34:27,180 of that plan were met, including local landmarks and the creation of districts and just the 1415 01:34:27,180 --> 01:34:30,680 operation within the City in general. 1416 01:34:30,680 --> 01:34:36,300 An excerpt from page one of the 1986 plan shows you that at the time there were very 1417 01:34:36,300 --> 01:34:42,900 different problems in the late 1980s, and this paragraph kind of gets to that point. 1418 01:34:42,900 --> 01:34:47,600 It says that to the community, it, meaning historic preservation, offers the possibility 1419 01:34:47,600 --> 01:34:53,500 of reversing what is otherwise an inevitable downward spiral, the deterioration of the 1420 01:34:53,500 --> 01:34:58,100 built environment, without incentives to reverse the trend, buildings gradually decay, and 1421 01:34:58,100 --> 01:35:04,500 as they decay, their surroundings, their neighborhoods decay, businesses seek, seeking low overhead 1422 01:35:04,500 --> 01:35:10,140 and owners and renters who may take few pains with the property to replace the earlier proud 1423 01:35:10,140 --> 01:35:13,420 owners or lessers. 1424 01:35:13,420 --> 01:35:16,940 The unfortunate part of this trend from the point of view of city management is that tax 1425 01:35:16,940 --> 01:35:21,740 revenues just go down, and as you see, it's about blight, and we didn't, and so that was 1426 01:35:21,740 --> 01:35:22,740 the problem back then. 1427 01:35:22,740 --> 01:35:27,460 I won't credit the creation of historic districts and conservation districts and the Main Street 1428 01:35:27,460 --> 01:35:33,700 District to the dramatic turnaround that clearly has happened since the late '80s in Denton, 1429 01:35:33,700 --> 01:35:36,220 because downtown looks fully revitalized. 1430 01:35:36,220 --> 01:35:43,980 Those neighborhoods have almost no visible neglect, at least on the west side of town, 1431 01:35:43,980 --> 01:35:46,880 and so it was a different time. 1432 01:35:46,880 --> 01:35:52,020 Another page in the ordinance talks about what some of those challenges were. 1433 01:35:52,020 --> 01:35:58,820 In the West Oak area, they had lost protection of single-family zoning in the 1960s, and 1434 01:35:58,820 --> 01:36:04,140 so the City Council made a positive contribution when it allowed the voluntary back zoning 1435 01:36:04,140 --> 01:36:09,020 to single-family status at no cost to the applicants, and that was done throughout the 1436 01:36:09,020 --> 01:36:13,020 Oak Hickory area, where it is all now single-family. 1437 01:36:13,020 --> 01:36:14,020 Why did they do that? 1438 01:36:14,020 --> 01:36:18,820 You see an example of it at the intersection of Mounts and West Oak Street, where you see 1439 01:36:18,820 --> 01:36:23,180 this apartment, roof of an apartment building in that picture, when in fact there was an 1440 01:36:23,180 --> 01:36:27,980 old home there facing the street like all the other historic homes. 1441 01:36:27,980 --> 01:36:33,060 That home was pulled back and stripped and turned around, and so what you see there today 1442 01:36:33,060 --> 01:36:37,940 is an apartment building, and then this building in the back is actually a wraparound, that 1443 01:36:37,940 --> 01:36:40,540 old structure that was there. 1444 01:36:40,540 --> 01:36:46,020 So people were faced with some instability, and there were also perceived threats, and 1445 01:36:46,020 --> 01:36:52,660 this section of the old plan seems sort of out of place today, but it says here, "In 1446 01:36:52,660 --> 01:36:57,860 this context, the Historic Landmark Commission would like to note its concern over the increase 1447 01:36:57,860 --> 01:37:03,380 in the proportion of Denton's commercial areas, which is passing to non-resident ownership. 1448 01:37:03,380 --> 01:37:07,180 Non-resident ownership always poses the danger that owners may choose to ignore the community's 1449 01:37:07,180 --> 01:37:08,180 best interests. 1450 01:37:08,180 --> 01:37:12,500 The problem is compounded today by a significant amount of properties being owned by citizens 1451 01:37:12,500 --> 01:37:16,180 of foreign nations, either directly or through nominees. 1452 01:37:16,180 --> 01:37:21,260 Those persons, Germans, Canadians, and others, may wish to be good citizens of Denton, but 1453 01:37:21,260 --> 01:37:23,980 it is difficult to inform them of community concerns." 1454 01:37:23,980 --> 01:37:28,020 So there were these perceived and maybe not perceived threats, but there were also the 1455 01:37:28,020 --> 01:37:31,420 real opportunities of preservation, which is summarized there at the end. 1456 01:37:31,420 --> 01:37:37,060 The residents of Denton's older areas welcomed a greater degree of stability than they have 1457 01:37:37,060 --> 01:37:41,900 enjoyed in recent years, and that's what preservation, conservation districts, historic districts, 1458 01:37:41,900 --> 01:37:43,340 and landmarks do. 1459 01:37:43,340 --> 01:37:51,000 They sort of say, "This place matters here, and we think we should stay around for a while." 1460 01:37:51,000 --> 01:37:52,740 So that brings us to today. 1461 01:37:52,740 --> 01:37:57,800 The Lakota Group has been working with the city since 2018. 1462 01:37:57,800 --> 01:38:00,700 Back in about October of 2018, we got started. 1463 01:38:00,700 --> 01:38:05,940 On the left is just a summary of all of the public input, the majority of the public input 1464 01:38:05,940 --> 01:38:11,020 that took place in meetings here within the city, including also at the end, there are 1465 01:38:11,020 --> 01:38:14,820 two online surveys with over 400 responses. 1466 01:38:14,820 --> 01:38:20,140 On the right is a list which is coming right from your staff report showing the times that 1467 01:38:20,140 --> 01:38:24,740 either the Lakota Group or myself have been in front of the City Council or Planning and 1468 01:38:24,740 --> 01:38:27,980 Zoning or the Landmark Commission. 1469 01:38:27,980 --> 01:38:33,900 Now I want to come back and talk to you for a minute about the presentation that the Lakota 1470 01:38:33,900 --> 01:38:44,380 Group will make to City Council next week, and that plan is presented here. 1471 01:38:44,380 --> 01:38:46,000 This is the summary. 1472 01:38:46,000 --> 01:38:53,180 They want to just point out all of the things we've done from 1977 to now are partially 1473 01:38:53,180 --> 01:38:57,780 here, and then down that there are four buildings on the National Register, and there are two 1474 01:38:57,780 --> 01:39:02,800 districts on the National Register, there are 62 landmarks and three local districts. 1475 01:39:02,800 --> 01:39:09,860 They talk about what a preservation plan is, which in our case was an evaluation of our 1476 01:39:09,860 --> 01:39:10,900 current program. 1477 01:39:10,900 --> 01:39:17,620 We asked them in the original RFP for this to look at everything we've done in the past, 1478 01:39:17,620 --> 01:39:24,540 the most recent survey of the Idiots Hill area in 2015, the 2012 survey of the Bolivar 1479 01:39:24,540 --> 01:39:28,900 Street area, the 1996 survey of the whole city. 1480 01:39:28,900 --> 01:39:34,540 Those were all paid for as is this plan, partially by a certified local government grant from 1481 01:39:34,540 --> 01:39:40,580 the Texas Historical Commission, which watches out for resources across the state. 1482 01:39:40,580 --> 01:39:43,820 So then they have the plan contents listed out. 1483 01:39:43,820 --> 01:39:45,740 They have done this in two phases. 1484 01:39:45,740 --> 01:39:49,500 The first phase resulted in a State of the City report after they looked at all of that 1485 01:39:49,500 --> 01:39:52,700 information, and then they began to draft the plan. 1486 01:39:52,700 --> 01:39:57,980 As a basis for the plan, they turned to the United States Secretary of Interior Standards 1487 01:39:57,980 --> 01:40:00,380 for preservation planning. 1488 01:40:00,380 --> 01:40:04,300 The three standards are that you create, one, the context. 1489 01:40:04,300 --> 01:40:10,540 You look at the history of the place, because that is what allows you to recognize why the 1490 01:40:10,540 --> 01:40:15,440 built resources matter, or for that matter, the landscape and any other archaeological 1491 01:40:15,440 --> 01:40:16,620 things matter. 1492 01:40:16,620 --> 01:40:22,140 So standard two is that you develop goals and priorities. 1493 01:40:22,140 --> 01:40:25,220 You identify resources, you evaluate them. 1494 01:40:25,220 --> 01:40:28,060 And then three is that you involve the public. 1495 01:40:28,060 --> 01:40:30,060 So there was a lot of community engagement. 1496 01:40:30,060 --> 01:40:33,100 They presented here some of it, two workshops. 1497 01:40:33,100 --> 01:40:35,660 We've actually probably had about five workshops. 1498 01:40:35,660 --> 01:40:39,860 We had stakeholder interviews with some members of this committee, Commissioner Rozell's office. 1499 01:40:39,860 --> 01:40:44,700 We had one with Alfred was one of the members that was there. 1500 01:40:44,700 --> 01:40:49,260 And so then we had the online surveys. 1501 01:40:49,260 --> 01:40:53,900 So the preservation plan is kind of inside of that document. 1502 01:40:53,900 --> 01:40:59,440 It has the executive summary, the introduction, the vision statement, the four goals statements, 1503 01:40:59,440 --> 01:41:01,740 and then 32 recommendations. 1504 01:41:01,740 --> 01:41:08,120 This is a summary of how Lakota sees what a plan encompasses, surveying, community development, 1505 01:41:08,120 --> 01:41:10,020 program administration, and outreach. 1506 01:41:10,020 --> 01:41:13,580 There's an information about survey and documentation. 1507 01:41:13,580 --> 01:41:17,540 You have a map in there which recommends future survey areas. 1508 01:41:17,540 --> 01:41:22,860 And a survey is where you get someone who's qualified to look at historic resources to 1509 01:41:22,860 --> 01:41:30,900 study the buildings in an area or the landscape. 1510 01:41:30,900 --> 01:41:33,420 From there, they can get the historic context. 1511 01:41:33,420 --> 01:41:38,140 So we have post-World War II development here, which includes styled ranch housing, mid-century 1512 01:41:38,140 --> 01:41:39,300 ranch housing. 1513 01:41:39,300 --> 01:41:43,580 They also talk about the fact that we have a lot of remaining O'Neill Ford buildings 1514 01:41:43,580 --> 01:41:45,500 in our city, which are very significant. 1515 01:41:45,500 --> 01:41:52,140 And later, they actually recommend that we pursue a state landmark for the remaining 1516 01:41:52,140 --> 01:41:53,580 resources. 1517 01:41:53,580 --> 01:41:56,900 And then they talk about there are remaining industrial buildings, like the Morrison Milling 1518 01:41:56,900 --> 01:42:01,260 Company and the African-American experience in Denton and historic signs. 1519 01:42:01,260 --> 01:42:09,420 They talk about incentives, program administration, which is how do we handle it as a city. 1520 01:42:09,420 --> 01:42:13,180 And Denton has been very, let me just step back and say, Denton has always been involved. 1521 01:42:13,180 --> 01:42:17,620 Since very early on, our Main Street program is over 25 years old. 1522 01:42:17,620 --> 01:42:23,940 Being a historic preservation program officer is important because that's required by a 1523 01:42:23,940 --> 01:42:26,660 certified local government program that we're in. 1524 01:42:26,660 --> 01:42:30,280 So we've been always involved in it a long time and dedicated to it. 1525 01:42:30,280 --> 01:42:32,140 And then the education and outreach. 1526 01:42:32,140 --> 01:42:36,700 So within the plan that you have, there are two samples here of the goals. 1527 01:42:36,700 --> 01:42:42,220 Goal number one is the documentation, the inventory, and the preservation of resources. 1528 01:42:42,220 --> 01:42:47,340 So you see under recommendations different survey areas within the city and then an implementation 1529 01:42:47,340 --> 01:42:54,260 timeline and a priority scale as well as in who would be involved in those things. 1530 01:42:54,260 --> 01:43:01,400 Typically you're surveying would be really staff along with possibly a consultant because 1531 01:43:01,400 --> 01:43:06,140 you can ask every year, which you usually probably get every two years, for a grant 1532 01:43:06,140 --> 01:43:09,820 from the Texas Historic Commission to do this. 1533 01:43:09,820 --> 01:43:14,080 Then for example, talking about the benefits of community involvement. 1534 01:43:14,080 --> 01:43:20,600 And so we've got recommendations on better community involvement, upgrading our website. 1535 01:43:20,600 --> 01:43:24,700 Currently on our website, City of Denton Historic Preservation, you can find all of our historic 1536 01:43:24,700 --> 01:43:30,460 resource surveys and links to the application for a certificate of appropriateness and what's 1537 01:43:30,460 --> 01:43:32,740 needed there. 1538 01:43:32,740 --> 01:43:38,220 Then they just summarize the benefits of preservation, building rehabilitation, revitalization of 1539 01:43:38,220 --> 01:43:41,540 our downtown, which we don't have a challenge with. 1540 01:43:41,540 --> 01:43:45,180 Preserving neighborhoods, tourism, and of course sustainability, which is the number 1541 01:43:45,180 --> 01:43:46,260 one thing. 1542 01:43:46,260 --> 01:43:50,580 As we go forward in this country with preservation, the preservation movement being essentially 1543 01:43:50,580 --> 01:43:57,180 50 years old, we're now moving into a time where we're really recognizing that these 1544 01:43:57,180 --> 01:44:03,140 buildings that have been built have energy infused in them that it's better to repurpose 1545 01:44:03,140 --> 01:44:07,580 those buildings than it is to take them down and rebuild. 1546 01:44:07,580 --> 01:44:13,660 So with that, coming back, that's their plan. 1547 01:44:13,660 --> 01:44:19,380 So coming back here to this current slide, I want to say that in the plan, the Landmark 1548 01:44:19,380 --> 01:44:24,260 Commission voted unanimously to ask you to recommend to city council that this plan be 1549 01:44:24,260 --> 01:44:27,460 approved with two conditions. 1550 01:44:27,460 --> 01:44:30,260 One of them related to the language around Quaker Town. 1551 01:44:30,260 --> 01:44:36,100 In our old plan, which is the top here on this screen, we had the language wrong about 1552 01:44:36,100 --> 01:44:40,000 what Quaker Town, where it got its name, and specifically it says here that when the homes 1553 01:44:40,000 --> 01:44:44,220 were being moved, that the buildings were a little shaky, and hence they thought that's 1554 01:44:44,220 --> 01:44:45,780 where the name Quaker Town came from. 1555 01:44:45,780 --> 01:44:49,860 It was a long shot from Akron in '86, so we're moving more. 1556 01:44:49,860 --> 01:44:51,740 We're getting better now as we go forward. 1557 01:44:51,740 --> 01:44:54,720 The Denton County Office of History and Culture has it. 1558 01:44:54,720 --> 01:45:00,880 What we think is the right answer today is that the community was named for the Quakers, 1559 01:45:00,880 --> 01:45:09,580 who helped slaves to escape on the Underground Railroad, and that is how they named it. 1560 01:45:09,580 --> 01:45:15,180 So what happened is we went to Landmark Commission, and one of our commissioners thought that 1561 01:45:15,180 --> 01:45:20,380 the language we had in the plan that's a part of your attached material today, there was 1562 01:45:20,380 --> 01:45:26,980 a paragraph that seemed to imply that people just decided to leave Quaker Town on their 1563 01:45:26,980 --> 01:45:29,180 own and moved. 1564 01:45:29,180 --> 01:45:32,720 And one of our commissioners wanted it to be clear that the language was they were forced 1565 01:45:32,720 --> 01:45:36,300 to leave, which they were forced to leave, including that one person never left their 1566 01:45:36,300 --> 01:45:41,380 house, and there's the story of a lady, and I'm sorry I don't remember her name, who never 1567 01:45:41,380 --> 01:45:43,220 got out of the chair in her house. 1568 01:45:43,220 --> 01:45:46,900 Her house was picked up and moved over to the east side with her in the chair, and that's 1569 01:45:46,900 --> 01:45:54,520 recognized in the Civic Center, where there's a sculpture there on the wall about that. 1570 01:45:54,520 --> 01:45:57,740 So the language they're looking for there is that Denton's Quaker Town story includes 1571 01:45:57,740 --> 01:46:04,140 a forced relocation of the African American community to Solomon Hill and to other areas 1572 01:46:04,140 --> 01:46:06,740 of Denton's east and south sides. 1573 01:46:06,740 --> 01:46:11,340 While there is a Texas Historical Commission marker in the park that provides some information 1574 01:46:11,340 --> 01:46:16,060 about Quaker Town, additional research and survey work for this context would identify 1575 01:46:16,060 --> 01:46:21,520 properties, blocks, and areas of cultural significance worthy of preservation and protection. 1576 01:46:21,520 --> 01:46:29,220 The historic and cultural resource of Denton, Texas, 1882 to 1949 multiples property listing 1577 01:46:29,220 --> 01:46:34,440 identifies four original surviving Quaker Town homes that may be worthy of local designation 1578 01:46:34,440 --> 01:46:35,780 and protection. 1579 01:46:35,780 --> 01:46:40,580 That's one recommendation they have, and the second recommendation pertains to a desire 1580 01:46:40,580 --> 01:46:49,100 to see a stronger program related to an incentive for local property owners, historic property 1581 01:46:49,100 --> 01:46:50,100 owners. 1582 01:46:50,100 --> 01:46:55,020 That's why we recommend a program for the partial or full exemption from City of Denton 1583 01:46:55,020 --> 01:46:59,480 property taxes in coordination with other applicable taxing authorities for locally 1584 01:46:59,480 --> 01:47:06,740 designated historic homes, and that can be found on page 44 and 74 of that document. 1585 01:47:06,740 --> 01:47:11,500 And so that's what they're recommending, and we recommend approval. 1586 01:47:11,500 --> 01:47:15,240 We recommend that the Planning and Zoning Commission recommend to City Council the adoption 1587 01:47:15,240 --> 01:47:19,580 of the proposed Denton Historic Preservation Plan with the vision, value, statements, goals, 1588 01:47:19,580 --> 01:47:24,180 recommendations, and the matrix, along with the two recommendations from the Historic 1589 01:47:24,180 --> 01:47:27,500 Landmark Commission for adoption, and I'll take any questions. 1590 01:47:27,500 --> 01:47:29,900 We do have one question for Commissioner Beck. 1591 01:47:29,900 --> 01:47:30,900 Thank you, Chair. 1592 01:47:30,900 --> 01:47:31,900 No questions for Roman. 1593 01:47:31,900 --> 01:47:34,040 Just a little praise, if I may. 1594 01:47:34,040 --> 01:47:38,820 From one public servant to another who no longer graces these walls this chamber after 1595 01:47:38,820 --> 01:47:44,180 tonight, I just want to commend Roman for his excellent job as Denton's Historic Preservation 1596 01:47:44,180 --> 01:47:45,180 Office. 1597 01:47:45,180 --> 01:47:51,060 He's moving onward and upward to a more rewarding position in his old stomping grounds of Houston, 1598 01:47:51,060 --> 01:47:56,560 and I just want to wish him and his wife the very best on the relocation and let him know 1599 01:47:56,560 --> 01:47:58,220 it's going to be missed. 1600 01:47:58,220 --> 01:47:59,500 Thank you. 1601 01:47:59,500 --> 01:48:03,000 Thank you, Commissioner Beck. 1602 01:48:03,000 --> 01:48:08,420 There are no other questions, so I appreciate the presentation. 1603 01:48:08,420 --> 01:48:11,780 This is an individual consideration, so at any time we can have discussion or a motion. 1604 01:48:11,780 --> 01:48:12,780 Commissioner Smith. 1605 01:48:12,780 --> 01:48:18,300 I'd like to make a motion to approve the staff recommendations with one change to the recommendations, 1606 01:48:18,300 --> 01:48:24,460 have it say instead, "Recommend the exploration of partial or full exemption from City of 1607 01:48:24,460 --> 01:48:29,060 Denton property taxes," instead of saying, "Recommend a program for the partial or full 1608 01:48:29,060 --> 01:48:30,060 exemption." 1609 01:48:30,060 --> 01:48:36,060 I'd rather see the expiration of the program not saying that they have to create a program 1610 01:48:36,060 --> 01:48:40,340 just in case that we do find that it doesn't seem to be fiscally responsible for us to 1611 01:48:40,340 --> 01:48:41,340 do it. 1612 01:48:41,340 --> 01:48:45,980 We can have it memorialized in the plan for us to have that. 1613 01:48:45,980 --> 01:48:49,420 So to clarify the motion, Commissioner Smith, I think I understand you are recommending 1614 01:48:49,420 --> 01:48:55,780 approval of the verbiage with the one change to the additional goal recommended by HALC 1615 01:48:55,780 --> 01:49:01,740 to have it emphasize an exploration, not an implementation of a program as a stated goal. 1616 01:49:01,740 --> 01:49:02,740 Correct. 1617 01:49:02,740 --> 01:49:03,740 Okay. 1618 01:49:03,740 --> 01:49:04,740 Commissioner Burnetta. 1619 01:49:04,740 --> 01:49:10,620 I second with the amendment of the exploration of a program. 1620 01:49:10,620 --> 01:49:11,620 Perfect. 1621 01:49:11,620 --> 01:49:15,340 We have a first and a second, any discussion? 1622 01:49:15,340 --> 01:49:17,620 Yes, please. 1623 01:49:17,620 --> 01:49:25,100 Just to make sure that that's, except for the recommendation of the HLC that was modified, 1624 01:49:25,100 --> 01:49:31,100 the other remaining recommendations of the HLC are also incorporated, including the change 1625 01:49:31,100 --> 01:49:33,340 suggested by Commissioner McAdams. 1626 01:49:33,340 --> 01:49:34,340 Yes. 1627 01:49:34,340 --> 01:49:35,340 Commissioner Burnetta. 1628 01:49:35,340 --> 01:49:36,340 Yes. 1629 01:49:36,340 --> 01:49:41,420 We have a first and a second, any discussion? 1630 01:49:41,420 --> 01:49:52,180 Seeing none, I will call for a vote on the board. 1631 01:49:52,180 --> 01:49:56,460 Motion carries 7-0. 1632 01:49:56,460 --> 01:50:00,380 Next item of business is our Planning and Zoning Commission matrix. 1633 01:50:00,380 --> 01:50:09,020 I will turn it over to Richard for updates and then open for questions or new items. 1634 01:50:09,020 --> 01:50:13,220 I'll just be brief on the matrix this evening. 1635 01:50:13,220 --> 01:50:18,860 One item will be bringing back the staff analysis updates on October 2nd. 1636 01:50:18,860 --> 01:50:24,140 Along with that, we're working through just how we will be presenting platting as it relates 1637 01:50:24,140 --> 01:50:27,020 to House Bill 3167. 1638 01:50:27,020 --> 01:50:31,020 Early on we have platts as a consent item recommending approval. 1639 01:50:31,020 --> 01:50:34,700 If we do have consent items, whether or not we're going to have two different consent 1640 01:50:34,700 --> 01:50:39,220 agendas, one for approval, one for denial, and then if an applicant does want to speak 1641 01:50:39,220 --> 01:50:40,220 on behalf of an item. 1642 01:50:40,220 --> 01:50:45,480 So we're working through that now with legal, and we'll have that for the second. 1643 01:50:45,480 --> 01:50:50,780 Right now we're just getting those applications, so none are really subject to that that we're 1644 01:50:50,780 --> 01:50:55,020 hearing tonight or subject to that 30-day rule. 1645 01:50:55,020 --> 01:51:01,200 The only other item I wanted to just touch on is some actions that Council had taken. 1646 01:51:01,200 --> 01:51:07,940 Last night they did adopt on second reading the zoning map, so that is approved now. 1647 01:51:07,940 --> 01:51:10,420 So we're just about there. 1648 01:51:10,420 --> 01:51:12,660 I think that was the last step. 1649 01:51:12,660 --> 01:51:18,260 The other fireside park, if you remember, there was a request to modify Council deferred 1650 01:51:18,260 --> 01:51:23,900 action on that item, so we are working through some concerns with that fence. 1651 01:51:23,900 --> 01:51:30,220 The only other item, I know Kathy has reached out about a work session for October 23rd. 1652 01:51:30,220 --> 01:51:35,380 What we'd like to do on that for that meeting is really just have a work session, and it'll 1653 01:51:35,380 --> 01:51:43,100 be centered around the Hunter and Cole ranches, MPCs, as they will be moving forward. 1654 01:51:43,100 --> 01:51:48,700 So there's a work session with Council on a number of items, and as we're preparing 1655 01:51:48,700 --> 01:51:53,980 for that, we thought it was really appropriate, given that probably most of you or most of 1656 01:51:53,980 --> 01:51:59,580 us have not really seen what those MPCs were even about many years ago, and so we thought 1657 01:51:59,580 --> 01:52:06,580 it would be best, rather than bring an amendment with that large of two projects, really, but 1658 01:52:06,580 --> 01:52:12,780 almost really one, is to really have a work session and explain exactly what's going on. 1659 01:52:12,780 --> 01:52:20,040 So that's scheduled for the 23rd. 1660 01:52:20,040 --> 01:52:22,980 The only thing I would like to add to the matrix, I don't have it in front of me, so 1661 01:52:22,980 --> 01:52:27,580 forgive me if it's already there, is the update on city res zoning, city initiated res zoning. 1662 01:52:27,580 --> 01:52:33,100 It seems like there was a batch that kept on getting pushed, and I want to do our best 1663 01:52:33,100 --> 01:52:38,120 to not let that go years without getting that taken care of. 1664 01:52:38,120 --> 01:52:45,420 So just the status on where those properties are. 1665 01:52:45,420 --> 01:52:47,180 Is there any other items for the matrix? 1666 01:52:47,180 --> 01:52:52,300 Commissioner Beck, do you want to add any parting items for staff to look at? 1667 01:52:52,300 --> 01:53:01,340 No, I just want to thank everybody for their friendship and just their input on what we've 1668 01:53:01,340 --> 01:53:02,340 done here. 1669 01:53:02,340 --> 01:53:06,740 I've enjoyed being a part of this process, and it's been a pleasure and an honor to serve 1670 01:53:06,740 --> 01:53:08,380 with each and every one of you. 1671 01:53:08,380 --> 01:53:10,460 But Ronnie, we haven't got a chance to meet. 1672 01:53:10,460 --> 01:53:17,140 I wish you the best in the future in your position, so thank each and every one of you. 1673 01:53:17,140 --> 01:53:18,140 We appreciate it. 1674 01:53:18,140 --> 01:53:21,380 Commissioner Beck, best of luck to the Board of Ethics or whatever your next endeavor is, 1675 01:53:21,380 --> 01:53:26,180 and I'll be looking forward to your articles in the DRC, I'm sure. 1676 01:53:26,180 --> 01:53:30,260 Any other items for the agenda this evening? 1677 01:53:30,260 --> 01:53:33,540 With that, I will close the public hearing at 719. 1678 01:53:33,540 --> 01:53:33,780 Thank you.