WEBVTT

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 Good evening, ladies and gentlemen, and welcome to the Planning and

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 Zoning Commission Work Session for September 18th, 2019.

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 Seeing that we have a quorum, I will open this meeting at 5.08 PM.

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 The first item on our agenda is to receive a presentation and

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 hold discussion regarding the 2019 Denton Development Code project types and

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 development process, and I believe Julie Wyatt will be presenting this evening.

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 >> Good evening, I'm Julie Wyatt, Senior Planner with the City of Denton.

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 And tonight, I am presenting the Planning Boot Camp Series.

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 I know we've talked about these before.

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 Some of this is gonna be review for some of you.

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 But because we do have a new Denton Development Code that was adopted earlier

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 this year, we felt like it was an important time to come talk to you about

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 what those project types are, what those processes are, and

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 just kind of revisit some of that information.

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 So this is gonna be a series.

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 Tonight's the first, and we'll continue on with some trending topics.

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 So tonight, we're gonna have an overview about who we are, and what we do, and

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 why we do it.

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 We're also gonna talk about sub-chapter two, the Administration and

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 Procedure sub-chapter in the 2019 Denton Development Code.

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 We'll go a little deeper in that sub-chapter.

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 And as part of that, we're gonna talk about project types, approving body, and

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 some other information.

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 And then we're gonna have a brief discussion about the shot clock.

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 That might be something that y'all are familiar with, and

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 we're just gonna talk about how it's gonna affect you and some of our processes.

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 So the overview, first of all, I wanted to talk about why we do what we do,

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 why you spend two nights a month here making decisions and

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 listening to cases and what all of this means.

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 So I looked at the Denton Development Code, and really,

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 page one kind of outlines it pretty well.

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 And that our purpose is to promote the health, safety, and welfare of the residents,

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 to implement the comprehensive plan, to preserve and protect the natural

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 environment, to improve the city's appearance, improve mobility,

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 facilitate adequate public infrastructure, encouraging appropriate use of the land,

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 and also establish procedures.

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 So how do we do that?

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 We have some tools in our toolbox in order to achieve those purposes.

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 The first one is zoning, and zoning, as you're familiar with,

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 is really the use of the land, what you can do on your property.

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 And then the scale of which you can build or develop that property, and

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 the intensity of the activities on that site, maybe the density or

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 what kind of, how those facilities would be used.

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 We also have platting in the toolbox.

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 That establishes lot boundaries.

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 It provides for right of way dedication, easement dedication,

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 also for the extension of public facilities.

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 We have development standards.

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 Those introduce things like environmental regulations, parking regulations,

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 tree preservation, landscaping, site design.

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 Things, elements having to do with lighting and drainage.

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 We have criteria manuals.

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 That's something we don't often talk about at the Planning and Zoning Commission.

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 But in our, we do have criteria manuals, which are really kind of those technical

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 documents, particularly for engineering when you're talking about designing

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 drainage systems, water systems, and our roadways.

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 And then process.

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 Process probably isn't the most exciting thing we do or talk about, but it is vital.

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 Because it truly makes sure that we treat everyone fairly, and

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 that we are consistent and predictable in our timelines and then the outcomes.

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 It's a criteria for approval.

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 And we also want to make sure the requirements are met.

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 If we didn't have processes, how would we know that we got everything we needed on any

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 individual project?

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 And just some fun facts for the 2019 Denton Development Code.

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 That's the document that helps us, that really lays out those tools in that toolbox.

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 And it includes nine subchapters.

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 It has 480 pages, if you've read it all.

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 And there are 17 zoning districts in there.

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 So we're not going to go over all of the subchapters tonight.

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 We're just going to take one.

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 And we're not going to really dig into all of it.

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 We're not going to do a page turn of subchapter two.

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 What we're going to do is just hit some highlights.

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 And talk about how those projects that you'll see more often and those processes.

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 So it is the second longest subchapter in the Denton Development Code.

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 It's got a, it's pretty information dense.

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 It's got a lot in it.

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 Once again, probably not the most exciting chapter.

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 But it is really, really important.

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 And it is organized into seven sections.

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 And in my brain, I think of it in, I kind of split those up.

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 The first three, you've got the summary table of all of the projects and those review procedures.

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 It kind of is a snapshot of everything that's in that subchapter.

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 It kind of goes over those review and decision making bodies.

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 Those basic duties of those entities that are responsible for administering the Denton

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 Development Code.

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 It is not a full outline of all of the, the regulations or policies that affect the Planning

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 and Zoning Commission.

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 Some of that is in the code of ordinances, but it does provide some direction.

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 Common review procedures.

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 This is just that general process and general criteria for approval.

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 That's something new to the 2019 Denton Development Code.

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 In the 2002 Denton Development Code, we just had criteria for approval for each project

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 type.

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 The general ones.

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 So we have the general and then specific for each project.

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 And then the second bucket that I look at of the seven sections would be the more specific

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 detailed information for each project type.

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 So it goes into development permits and procedure.

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 That brings in the zoning compliance, also known as the site plan, specific use permits

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 and temporary use permits.

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 It talks about subdivision procedures.

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 That is all things platting.

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 Plan and DDC amendments.

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 That brings in zoning, PDs and comprehensive plan amendments.

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 And then flexibility and relief procedures.

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 That's where you bring in the variances and the alternative ESAs and finally historic

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 preservation procedures.

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 So we're going to dive into some more specificity on select project types.

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 I won't talk about all of them tonight.

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 But the first one we're going to talk about is annexation.

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 That's not something that P&Z really sees very often.

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 But it is kind of foundational.

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 What it does is it extends the boundaries of our city.

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 So when a property is annexed, that then moves the boundary of our city.

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 A municipality in the state of Texas can annex area that is only in its extraterritorial

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 jurisdiction.

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 That's that ETJ.

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 Or if the municipality owns that property.

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 And just ETJ, just wanted to define that.

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 That is -- that's unincorporated area.

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 That's outside of our municipal boundaries, but contiguous to our corporate boundaries.

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 So that's where our ETJ is.

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 And you can find the regulations for annexation in section 2.7.5.

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 It doesn't have a whole lot of detail.

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 It really refers you to the Texas local government code.

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 That's where we really get all of our procedures and timelines for that.

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 It doesn't go to P&Z.

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 It goes to city council for approval or denial.

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 Comprehensive plan amendments.

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 It's not something we see very often.

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 It might be something that we start to see more frequently with the adoption of the new

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 Denton development code.

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 But broadly, a comprehensive plan establishes the vision for our growth.

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 It shows how all of the parts of the community come together.

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 And that can be land use and transportation, housing and parks, how they all interplay

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 and work together.

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 Ours includes a land use plan, a mobility plan, infrastructure plan, housing plan and

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 others.

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 The Denton plan 2030, which hopefully all of you have a copy.

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 If you don't, we can get you one.

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 It was adopted in 2015.

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 And typically, comprehensive plans have a 20-year time rise and sometimes 30 years.

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 But it really should be updated every five years.

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 That's kind of the industry, the planning standard is to update them every five years.

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 And I believe we're going to be starting that pretty soon in the city.

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 You know, conditions change within a five-year span.

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 So it's really important that you continuously look at where you are and where you want to

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 go.

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 As I said, we don't often see comp plan amendments.

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 But you can amend the comp plan for maybe specific parcels or specific areas and not undertake

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 the entire update.

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 And our -- the 2019 code provides provisions for that, some processes as well as criteria

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 for approval.

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 And it really -- it looks at maybe changing conditions, trends in certain specific areas

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 where we may want to amend that land use plan, particularly that land use map.

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 It follows the zoning procedure.

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 So staff would recommend approval or denial.

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 There is a public hearing that's required with a public notification.

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 PNZ will provide a recommendation and then council would approve it.

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 So here's a couple of maps because we're planners, so we have to look at maps.

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 On your left here is a depiction of our city of Denton boundaries.

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 Generally where they are, that is in the yellow sort of color.

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 And then the ETJ is outside of it.

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 So you can see our ETJ extends pretty far past our boundaries.

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 I believe because of the size of our city, our ETJ extends five miles from our municipal

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 boundaries generally.

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 So here's what our ETJ map looks like.

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 And then we have a map you all know and love.

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 That is our future land use map.

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 And that really is one of our guiding documents within our city.

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 We look to that when we're looking at really anything that we do.

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 Here's the Denton plan 2030 cover just so we all remember what it looks like.

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 We also -- you see zoning minutes, that's probably one of the major things that you

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 see.

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 You see them often.

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 This is a regulatory tool and it allows us to implement our comprehensive plan.

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 The Texas local government code outlines what zoning regulates.

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 And that is height, number of stories, size of buildings, percentage of lot that can be

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 occupied, size of yards, courts and other space, density, location and use of buildings,

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 and then historical designations and building bulk.

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 A zoning amendment or a zoning just broadly has two parts.

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 It has a map and then it also has that code, the text that tells you what that map means

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 and what all of those colors on the map mean.

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 And in our 2019 Denton development code just to give you a lay of the land, our subchapter

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 three provides the dimensional requirements, how big the lots have to be, what setbacks

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 you have, how tall the buildings can be, and then the use regulations are in subchapter

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 five.

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 And we'll look at that chart in just a minute.

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 If someone -- if a property owner or developer wants to amend the zoning map, so they want

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 to change the color or the zoning designation on a map, they would follow the procedures

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 in section 2.7.2.

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 It does require a public hearing, so it requires that notification, both mailing -- or mailing

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 notification on the website, signs on the property and also publication in the paper.

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 It comes to the Planning and Zoning Commission for a recommendation and then City Council

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 ultimately approves or denies it.

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 So this is new.

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 I don't know if you all have really had a time to dig into the 2019 code, but our land

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 use tables have changed slightly.

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 All of the zoning districts are the top row.

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 Those correspond to colors on a map.

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 So all of these colors will tell you what zoning district you have, and then you cross

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 reference that with the text of the code, and it tells you what uses are permitted in

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 that zoning district.

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 So plan developments.

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 It's kind of new old, the City of Denton.

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 Prior to 2002, we had plan developments.

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 We have a few legacy plan developments that are still around, think of Robeson Ranch or

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 the preserve at Pecan Creek.

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 Some of those are still developing.

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 But in 2002, the city did away with plan developments, and we just went kind of straight -- we call

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 it straight zoning, where you just look at those zoning districts.

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 They're back.

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 And they're really intended to provide flexibility for developments to -- where maybe they can't

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 meet the strict application of the Denton development code, because they're wanting

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 to do something more innovative, do something a little more creative.

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 It shouldn't be used if a rezoning or specific use permit could handle what they're wanting

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 to do, but if they are trying to do some sort of comprehensively planned development, it's

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 a really good tool.

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 Any PD you're going to look at will include a map, and then development standards.

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 And those development standards should address any deviations from the Denton development

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 code.

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 One caveat, the code does not allow deviations from any gas well regulations, environmental

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 regulations or tree preservation regulations.

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 In order to enact a PD or to make a major amendment to a PD, it follows that zoning

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 process, and that is the two public hearings, one at P&Z and one at council.

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 With that public notification, P&Z will make a recommendation, and then council will approve

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 or deny.

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 Here's one of our legacy PDs, just so you can kind of look and see what -- I know most

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 of you are familiar with them in our city, but this was a comprehensively planned plan

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 development with nodes of commercial activity.

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 There's commercial here.

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 This is Teasley Lane, if you're familiar, and then here's 2499 kind of snaking up.

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 There's also commercial here surrounded by residential and open space with amenities.

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 That PD also had laid out the infrastructure, which is the street, drainage, and then there's

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 also some -- I believe some power lines running through it.

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 Specific use permits are projects that you see from time to time.

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 This is uses that require specific use permit are generally thought to be maybe okay in

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 any specific zoning district, but they just require a little additional scrutiny.

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 Maybe there is activities associated with that use that could create impacts for the

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 surrounding property.

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 So it requires a little closer look from both staff, planning and zoning, and city council.

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 What we want to do is ensure there's compatibility with those surrounding properties and if there

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 are impacts, there's mitigation for those impacts.

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 If you look at the use tables in subchapter 5, anything marked with an S, that requires

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 an SUP.

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 We typically require a site plan, a landscape plan, and elevations of any structures at

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 a minimum with SUPs.

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 Sometimes additional studies are needed, things like traffic impact analysis, maybe even drainage

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 analysis, something to that effect, and it once again follows the dual public hearing

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 procedure, P and Z, council, notification, and then ultimate approval by council or denial.

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 Here's an SUP that may look familiar.

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 This was a multifamily development that came before you earlier this summer, and we looked

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 at the site plan, see where those buildings were placed in relationship to the surrounding

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 neighborhoods.

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 We looked at the landscape plan, see what kind of buffers were between that use and

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 any adjacent properties, and then we also looked at transportation in the area, make

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 sure traffic impacts were mitigated and that we had a full understanding of what those

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 impacts would be for that use.

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 And then we come to the flexibility and relief section.

00:16:44.140 --> 00:16:51.340
 So I know I've mentioned environmental regulations or environmentally sensitive areas this evening.

00:16:51.340 --> 00:16:52.900
 Wanted to go in a little bit further detail.

00:16:52.900 --> 00:16:56.140
 I know you've got a project that's coming before you tonight that addresses those.

00:16:56.140 --> 00:16:57.940
 We'll just hit on some high points.

00:16:57.940 --> 00:17:04.020
 So our environmentally sensitive areas are addressed in section 7.4 in the debt and development

00:17:04.020 --> 00:17:05.020
 code.

00:17:05.020 --> 00:17:06.380
 That's where those regulations are.

00:17:06.380 --> 00:17:11.700
 These are areas that are natural or ecological resources and where we limit the land-disturbing

00:17:11.700 --> 00:17:12.700
 activity.

00:17:12.700 --> 00:17:18.460
 And we really have three that we see most often in terms of development.

00:17:18.460 --> 00:17:23.300
 Cross-timbers upland habitat, those are the remnants of the cross-timbers forest.

00:17:23.300 --> 00:17:27.900
 They have to be at least 10 acres or larger.

00:17:27.900 --> 00:17:35.220
 And residential development may remove 50% of the habitat, and then non-residential development

00:17:35.220 --> 00:17:36.900
 can remove 30%.

00:17:36.900 --> 00:17:40.580
 So when you think cross-timbers upland habitat, think trees.

00:17:40.580 --> 00:17:41.580
 That's really what that is.

00:17:41.580 --> 00:17:44.060
 It's the habitat of that old forest.

00:17:44.060 --> 00:17:49.780
 A riparian buffer or water-related, those are areas near either within 50 or 100 feet

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.

00:17:55.060 --> 00:17:59.820
 New structures are prohibited, and vegetation removal is prohibited, except for maybe some

00:17:59.820 --> 00:18:04.580
 small vines or brush where they needed that for drainage, needed to clear it.

00:18:04.580 --> 00:18:09.340
 And then undeveloped floodplain, that's something -- riparian buffers and undeveloped floodplain

00:18:09.340 --> 00:18:10.860
 are often nested together.

00:18:10.860 --> 00:18:13.700
 They're kind of put on top of each other.

00:18:13.700 --> 00:18:17.620
 Undeveloped floodplain is within that FEMA 100-year floodplain, and it has to be in a

00:18:17.620 --> 00:18:18.620
 natural state.

00:18:18.620 --> 00:18:22.180
 It's treated the same way that riparian buffers are treated.

00:18:22.180 --> 00:18:29.020
 So because development activity in these environmentally sensitive areas is limited, we do have a relief

00:18:29.020 --> 00:18:33.860
 procedure in subchapter 2, and that is the alternative ESA plan, which is what you're

00:18:33.860 --> 00:18:36.180
 going to be discussing tonight.

00:18:36.180 --> 00:18:38.180
 It provides an option for developers.

00:18:38.180 --> 00:18:44.320
 It provides a flexible discretionary process to address not only, you know, the intent

00:18:44.320 --> 00:18:49.740
 of why those ESAs are there, to that environmental protection, but also what mitigation they

00:18:49.740 --> 00:18:54.020
 can provide and how that development is going to move forward.

00:18:54.020 --> 00:19:00.180
 It follows the zoning procedure, the two public hearings, public notification, recommendation,

00:19:00.180 --> 00:19:03.920
 and then approval or denial by council.

00:19:03.920 --> 00:19:07.300
 And here is just a map of some of our ESAs.

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

00:19:13.700 --> 00:19:16.540
 of all of them, once again, nested on top of each other.

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

00:19:26.700 --> 00:19:29.820
 some conflict or some overlap.

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

00:19:34.180 --> 00:19:43.380
 look at it, make sure that we're protecting the environment, but also providing some flexibility.

00:19:43.380 --> 00:19:44.380
 And then platting.

00:19:44.380 --> 00:19:47.500
 We see a lot of platts.

00:19:47.500 --> 00:19:51.940
 Typically they're on your consent agenda.

00:19:51.940 --> 00:19:56.900
 So the subdivision section in subchapter 2 outlines a lot of platts.

00:19:56.900 --> 00:20:01.300
 We're just going to talk about the preliminary, final, and replat and the vacating platts.

00:20:01.300 --> 00:20:03.740
 So preliminary plat is what it says.

00:20:03.740 --> 00:20:10.420
 It really is that first look, that first review of an overall plan for a subdivision.

00:20:10.420 --> 00:20:16.360
 Both residential and commercial, it will lay out lots, roads, driveways, utilities, drainage.

00:20:16.360 --> 00:20:21.180
 It is that conceptual preliminary review of that development.

00:20:21.180 --> 00:20:25.780
 We look to make sure lots meet the minimum dimensions for the zoning district and also

00:20:25.780 --> 00:20:30.060
 demonstrate that there's adequate access and infrastructure would be provided.

00:20:30.060 --> 00:20:32.340
 Staff will review it and provide a recommendation.

00:20:32.340 --> 00:20:36.620
 You'll see this column maybe looks a little different than how you've always addressed

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

00:20:42.020 --> 00:20:45.220
 shortly.

00:20:45.220 --> 00:20:49.900
 Final plat is it ensures compliance with all standards.

00:20:49.900 --> 00:20:54.480
 Once it is approved and recorded, it becomes a legal lot of record.

00:20:54.480 --> 00:20:59.780
 We do also have within subchapter 2 administratively approved platts.

00:20:59.780 --> 00:21:04.780
 The code does not give -- an administratively approved plat is one that staff would approve.

00:21:04.780 --> 00:21:05.980
 It wouldn't come to P&Z.

00:21:05.980 --> 00:21:10.100
 However, staff does not have the ability to deny a plat.

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

00:21:14.500 --> 00:21:16.060
 come to the planning and zoning commission.

00:21:16.060 --> 00:21:22.220
 So there are times when you will see an administratively approved plat.

00:21:22.220 --> 00:21:23.900
 Replat is something you see.

00:21:23.900 --> 00:21:29.580
 It just modifies an existing platted lot, either boundaries, easements, number of lots.

00:21:29.580 --> 00:21:32.340
 Once again, you can approve or deny.

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

00:21:36.460 --> 00:21:39.540
 the Texas local government code and notification requirement.

00:21:39.540 --> 00:21:41.700
 And then we have vacating plat.

00:21:41.700 --> 00:21:48.060
 That essentially eliminates a platted lot, kind of just starts over.

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

00:21:52.700 --> 00:21:55.820
 of the bits of a plat are found.

00:21:55.820 --> 00:21:59.540
 All plat should have a vicinity map and a north arrow and a scale.

00:21:59.540 --> 00:22:02.940
 That's pretty standard for any map, as well as a legend.

00:22:02.940 --> 00:22:04.100
 There is an approval block.

00:22:04.100 --> 00:22:10.700
 So whomever approves it, either staff or P&Z, that will be a signature line.

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

00:22:15.060 --> 00:22:17.580
 meetings and those are those approved plat.

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,

00:22:21.980 --> 00:22:24.460
 easements, lot and block number, survey.

00:22:24.460 --> 00:22:27.660
 There's lots of information here on the drawing part.

00:22:27.660 --> 00:22:29.980
 They do have a meets and bounds legal description.

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

00:22:36.700 --> 00:22:40.860
 got a survey that I got when I bought my property, isn't my property platted?

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

00:22:46.740 --> 00:22:50.220
 to show this big, long meets and bounds legal description.

00:22:50.220 --> 00:22:55.500
 A plat will take this legal description, define it, provide that drawing, and it will assign

00:22:55.500 --> 00:22:58.020
 a lot and block to it.

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

00:23:02.340 --> 00:23:04.820
 because they look a lot alike.

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

00:23:10.220 --> 00:23:12.880
 going to define that subdivision name.

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

00:23:19.020 --> 00:23:22.140
 and jurisdiction.

00:23:22.140 --> 00:23:24.020
 And now we come to the shot clock.

00:23:24.020 --> 00:23:26.460
 So you've probably heard us talk about it.

00:23:26.460 --> 00:23:28.500
 You may have heard about it in the news.

00:23:28.500 --> 00:23:34.480
 This is a bill that was signed by the governor earlier this summer.

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

00:23:40.540 --> 00:23:43.060
 upon a plat or construction plans.

00:23:43.060 --> 00:23:46.540
 So that is either approve or deny.

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

00:23:52.660 --> 00:23:53.660
 upon it.

00:23:53.660 --> 00:23:57.420
 So it's vital that we make sure we get this process right.

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

00:24:02.100 --> 00:24:06.300
 really affects the processes in the city and how it affects you.

00:24:06.300 --> 00:24:14.460
 So prior to September 1 of this year, the city allowed applicants to submit applications

00:24:14.460 --> 00:24:20.140
 every day, any day they wanted to, and then we would work through those applications.

00:24:20.140 --> 00:24:25.180
 However, due to this shot clock, we have transitioned to specific submittal dates, and those are

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

00:24:29.180 --> 00:24:31.340
 that 30-day boundary.

00:24:31.340 --> 00:24:37.000
 We're now going to require more up front work from the development community, things like

00:24:37.000 --> 00:24:41.100
 traffic assessments, ESA assessments, any FEMA map revisions, those are all going to

00:24:41.100 --> 00:24:46.460
 have to be done prior to submittal for the plat, because sometimes they would submit

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

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.

00:24:56.060 --> 00:24:57.140
 That luxury is gone.

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.

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

00:25:06.100 --> 00:25:07.100
 they submit.

00:25:07.100 --> 00:25:13.780
 We're going to be eliminating concurrent submittals for plat-related filed applications.

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

00:25:18.180 --> 00:25:20.260
 piece of property on the same night.

00:25:20.260 --> 00:25:21.460
 Not going to be able to do that now.

00:25:21.460 --> 00:25:23.340
 They're going to have to really go in that order.

00:25:23.340 --> 00:25:27.540
 So it will be preliminary plat, then civil engineering plans for public improvements,

00:25:27.540 --> 00:25:31.900
 then final plat, and it really is going to have to follow that order.

00:25:31.900 --> 00:25:36.740
 We've been working really hard internally to create a robust completeness review.

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

00:25:42.100 --> 00:25:44.460
 and sufficient to finish the review.

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

00:25:49.380 --> 00:25:54.580
 because that's going to affect that approval or denial at the end.

00:25:54.580 --> 00:25:57.720
 We're also reducing time for reviews and resubmittals.

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

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

00:26:08.360 --> 00:26:10.860
 a resubmittal and to make some corrections.

00:26:10.860 --> 00:26:15.260
 We don't want to get a submittal and say, okay, you're denied.

00:26:15.260 --> 00:26:19.180
 We want to get to those approvals and make sure that it meets those code requirements.

00:26:19.180 --> 00:26:21.940
 So we're reducing our time for reviews.

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

00:26:25.740 --> 00:26:27.940
 P&Z, it's ready to go.

00:26:27.940 --> 00:26:30.300
 >> Thank you, Chair.

00:26:30.300 --> 00:26:32.220
 A couple things on the up front work.

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

00:26:35.940 --> 00:26:36.940
 has to come to us.

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?

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

00:26:43.940 --> 00:26:46.220
 have that letter, we're going to have that thing done tomorrow or next week.

00:26:46.220 --> 00:26:47.860
 Are you even going to let them do it?

00:26:47.860 --> 00:26:48.860
 >> No.

00:26:48.860 --> 00:26:49.860
 >> Is there a chance?

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

00:26:53.340 --> 00:26:54.340
 our checklists.

00:26:54.340 --> 00:26:57.900
 You're actually going to see an administrative criteria manual come.

00:26:57.900 --> 00:26:59.500
 It's going to be coming forward.

00:26:59.500 --> 00:27:04.340
 Because we want to plainly say to applicants, this is what we need for your application

00:27:04.340 --> 00:27:07.740
 to be deemed complete, to be deemed filed.

00:27:07.740 --> 00:27:14.020
 And in that way, they're not getting into this endless loop of denials because they

00:27:14.020 --> 00:27:15.020
 don't have what they need.

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

00:27:19.580 --> 00:27:20.580
 need to do up front.

00:27:20.580 --> 00:27:21.580
 >> Okay.

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

00:27:24.340 --> 00:27:28.940
 who've come in who said, well, we saw the recommendations from the city whenever the

00:27:28.940 --> 00:27:30.460
 agenda was published on Friday.

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

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

00:27:40.380 --> 00:27:44.220
 have a work session, essentially, you can have a resubmittal and we can provide the

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

00:27:48.100 --> 00:27:51.500
 submittal, I guess, deadline, so it gets life to us?

00:27:51.500 --> 00:27:58.740
 >> We have created a calendar that provides them an opportunity to resubmit.

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

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.

00:28:08.060 --> 00:28:13.820
 So right now our calendar has a deadline for when they can resubmit.

00:28:13.820 --> 00:28:14.820
 >> To resubmit.

00:28:14.820 --> 00:28:15.820
 >> Cool.

00:28:15.820 --> 00:28:16.820
 Great.

00:28:16.820 --> 00:28:17.820
 Thank you.

00:28:17.820 --> 00:28:18.820
 >> Commissioner Beck.

00:28:18.820 --> 00:28:19.820
 >> Thank you, Chair.

00:28:19.820 --> 00:28:24.140
 Julie, in the past when this commission is denied something, it still was on the city

00:28:24.140 --> 00:28:26.140
 council.

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?

00:28:33.500 --> 00:28:35.820
 And they've got to go back and make corrections or?

00:28:35.820 --> 00:28:36.820
 >> Sort of.

00:28:36.820 --> 00:28:37.820
 Yes.

00:28:37.820 --> 00:28:38.820
 And I think you hit it there.

00:28:38.820 --> 00:28:39.820
 >> Okay.

00:28:39.820 --> 00:28:40.820
 >> It wouldn't go on to city council.

00:28:40.820 --> 00:28:44.460
 You are the final approving board for Platts.

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

00:28:53.820 --> 00:28:57.580
 criteria within our code and criteria manuals.

00:28:57.580 --> 00:29:00.580
 They will have an opportunity to correct that.

00:29:00.580 --> 00:29:03.620
 And they'll have to submit those corrections to us.

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

00:29:07.780 --> 00:29:10.620
 corrections within 15 days.

00:29:10.620 --> 00:29:16.820
 So it could -- when I say an endless loop of denials, it could -- you could potentially

00:29:16.820 --> 00:29:26.700
 deny a Platts several times requiring resubmittals and then that 15-day hearing on it.

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.

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.

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.

00:29:45.020 --> 00:29:46.980
 >> I think Rich wanted to add a clarification.

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

00:29:50.100 --> 00:29:51.100
 resubmit.

00:29:51.100 --> 00:29:56.780
 So they can resubmit within a week, a month, five years.

00:29:56.780 --> 00:30:00.500
 Assuming that bill is still valid, we would just have the 15-day turnaround.

00:30:00.500 --> 00:30:06.460
 So there is no deadline as to when they need to make those corrections.

00:30:06.460 --> 00:30:07.940
 >> And then that takes to the denial.

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

00:30:14.300 --> 00:30:16.260
 of vetting from the staff side.

00:30:16.260 --> 00:30:20.100
 So when they get to the Planning and Zoning Commission, staff is recommending approval

00:30:20.100 --> 00:30:23.820
 because it meets the technical requirements of a Platts.

00:30:23.820 --> 00:30:26.500
 That may not always be the case going forward.

00:30:26.500 --> 00:30:27.500
 >> Can -- oh, sorry.

00:30:27.500 --> 00:30:28.500
 >> No, go ahead.

00:30:28.500 --> 00:30:30.220
 >> I totally interrupted you.

00:30:30.220 --> 00:30:34.500
 Can the denial be for the same reason, the same deficiency over and over again?

00:30:34.500 --> 00:30:42.780
 >> Yes, if staff's determined they haven't met those technical requirements, then absolutely.

00:30:42.780 --> 00:30:44.420
 >> Okay.

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

00:30:50.500 --> 00:30:55.480
 future.

00:30:55.480 --> 00:30:58.940
 One last thing to take a look at is the common review procedure.

00:30:58.940 --> 00:31:03.340
 This is the final item I want to talk about in subchapter two.

00:31:03.340 --> 00:31:06.700
 And this is not a comprehensive review procedure.

00:31:06.700 --> 00:31:12.760
 This really is just that common sort of general terms of review.

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

00:31:21.100 --> 00:31:24.140
 give us a call and they'll ask what their zoning is.

00:31:24.140 --> 00:31:28.220
 That's generally where we first come in contact with them.

00:31:28.220 --> 00:31:33.420
 We try to push them, especially if it's a complicated or complex development.

00:31:33.420 --> 00:31:37.420
 We ask them, they may want to move forward with a preapplication conference.

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

00:31:41.500 --> 00:31:46.180
 and planning and building inspections in parks, all of those departments at the same table.

00:31:46.180 --> 00:31:49.860
 So it's pretty beneficial for developments.

00:31:49.860 --> 00:31:51.700
 But it's not required.

00:31:51.700 --> 00:31:55.700
 After preapplication, they would start submitting applications.

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.

00:32:00.640 --> 00:32:04.620
 We would review it as part of that robust completeness check.

00:32:04.620 --> 00:32:06.740
 And if it is complete, we've got everything we need.

00:32:06.740 --> 00:32:08.740
 It starts the review process.

00:32:08.740 --> 00:32:13.620
 Staff will review that, provide comments to the applicant, written comments.

00:32:13.620 --> 00:32:17.740
 They will have to make those corrections and resubmit.

00:32:17.740 --> 00:32:20.900
 And if it's not a plat, it could go several rounds.

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

00:32:24.040 --> 00:32:29.140
 for it until it meets all the code requirements.

00:32:29.140 --> 00:32:33.580
 Once it meets all the code requirements, we notice for any public hearings or schedule

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.

00:32:39.460 --> 00:32:44.540
 And then there's that post decision, things like ordinances set to applicants or approval

00:32:44.540 --> 00:32:47.300
 letters or filing of plat.

00:32:47.300 --> 00:32:51.460
 So each one of these has several processes or potential processes through it, but that's

00:32:51.460 --> 00:32:57.760
 generally how development goes for each submittal in the City of Denton.

00:32:57.760 --> 00:33:01.820
 And that's all I have for boot camp number one.

00:33:01.820 --> 00:33:03.860
 Commissioner Beck.

00:33:03.860 --> 00:33:04.860
 Thank you, Chair.

00:33:04.860 --> 00:33:05.860
 Just one question.

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.

00:33:10.740 --> 00:33:14.820
 Is that because our hands are pretty much tied by state law?

00:33:14.820 --> 00:33:15.820
 Is that our-

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.

00:33:20.020 --> 00:33:21.020
 Does anyone here?

00:33:21.020 --> 00:33:22.020
 Where's Scott?

00:33:22.020 --> 00:33:23.020
 Okay.

00:33:23.020 --> 00:33:29.940
 No, those really were just items that were, would not be eligible for a modification to

00:33:29.940 --> 00:33:30.940
 a PD.

00:33:30.940 --> 00:33:32.580
 Who decided that?

00:33:32.580 --> 00:33:33.580
 Just curious.

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

00:33:37.500 --> 00:33:41.100
 for the plan development of what could or couldn't be modified.

00:33:41.100 --> 00:33:42.100
 Okay.

00:33:42.100 --> 00:33:43.100
 Thanks, Richard.

00:33:43.100 --> 00:33:48.340
 Julie, can you, this question I seem to always struggle with, can you add clarification of

00:33:48.340 --> 00:33:53.740
 why a final plat or replat goes to public or consent?

00:33:53.740 --> 00:34:00.140
 All replats go to public and final and preliminary are on consent?

00:34:00.140 --> 00:34:02.940
 That's a requirement by the Texas Local Government Code.

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

00:34:07.780 --> 00:34:09.900
 what the Texas Local Government Code requires.

00:34:09.900 --> 00:34:10.900
 But that's-

00:34:10.900 --> 00:34:14.140
 So prelim and final consent replats are public.

00:34:14.140 --> 00:34:17.140
 Yes, sir.

00:34:17.140 --> 00:34:19.140
 Okay.

00:34:19.140 --> 00:34:20.140
 Any other questions for Julie?

00:34:20.140 --> 00:34:23.180
 Julie, this is going to be a great series.

00:34:23.180 --> 00:34:26.180
 Thanks for all your hard work.

00:34:26.180 --> 00:34:27.180
 All right.

00:34:27.180 --> 00:34:28.180
 Thank you.

00:34:28.180 --> 00:34:30.180
 Thank you very much for joining us this evening.

00:34:30.180 --> 00:34:32.180
 The first item we'll dive into is minutes.

00:34:32.180 --> 00:34:37.700
 Is there any notations or corrections that need to be added to the minutes before our

00:34:37.700 --> 00:34:40.020
 vote this evening?

00:34:40.020 --> 00:34:43.060
 Great.

00:34:43.060 --> 00:34:51.780
 On the consent agenda, does anyone have any questions or clarification on any of the items?

00:34:51.780 --> 00:34:53.940
 The only question I had is Cindy here.

00:34:53.940 --> 00:34:54.940
 She's brokered.

00:34:54.940 --> 00:34:55.940
 No, that's terrible.

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?

00:35:05.500 --> 00:35:09.740
 That was something we had asked the applicant, they were, as they were progressing through

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

00:35:14.500 --> 00:35:15.500
 plats.

00:35:15.500 --> 00:35:18.240
 And so there was really no prohibition against that.

00:35:18.240 --> 00:35:21.180
 But we had initially asked if they'd like to combine it into one.

00:35:21.180 --> 00:35:25.300
 They wanted to remain to keep each phase as two separate plots.

00:35:25.300 --> 00:35:26.300
 Gotcha.

00:35:26.300 --> 00:35:29.020
 I guess those are two different developers, maybe.

00:35:29.020 --> 00:35:30.020
 No?

00:35:30.020 --> 00:35:31.020
 Yeah, it's both toll brothers.

00:35:31.020 --> 00:35:32.020
 Gotcha.

00:35:32.020 --> 00:35:35.180
 Any other questions on the consent this evening?

00:35:35.180 --> 00:35:36.900
 Great.

00:35:36.900 --> 00:35:41.760
 The items for individual consideration, the first one is 4A, to consider and appoint a

00:35:41.760 --> 00:35:45.500
 member of the Planning and Zoning Commission for chair and vice chair positions.

00:35:45.500 --> 00:35:49.820
 This will be a nomination and vote in council chambers.

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

00:35:54.620 --> 00:35:59.800
 or oppositions for that vote.

00:35:59.800 --> 00:36:00.800
 Commissioner Ellis.

00:36:00.800 --> 00:36:01.800
 Thank you, Chair.

00:36:01.800 --> 00:36:07.380
 While I would love to nominate you to remain chair of the Planning and Zoning Commission.

00:36:07.380 --> 00:36:08.380
 Thank you, Commissioner Ellis.

00:36:08.380 --> 00:36:09.380
 If anyone would like to second that.

00:36:09.380 --> 00:36:10.380
 Commissioner Smith.

00:36:10.380 --> 00:36:14.660
 I'd like to nominate Commissioner Ellis to remain in the vice chair position.

00:36:14.660 --> 00:36:15.660
 Fantastic.

00:36:15.660 --> 00:36:17.660
 It looks like it might be clean cut this evening.

00:36:17.660 --> 00:36:19.780
 Is there any other discussion, items for that?

00:36:19.780 --> 00:36:22.300
 That was difficult.

00:36:22.300 --> 00:36:23.300
 Great.

00:36:23.300 --> 00:36:28.140
 All right, and then item 4B will be a consideration of Commissioner Cole's reclassification on

00:36:28.140 --> 00:36:29.140
 his absence.

00:36:29.140 --> 00:36:33.340
 We'll just take that in the public hearing this evening, Commissioner Cole, you'll recuse

00:36:33.340 --> 00:36:37.180
 yourself from that discussion and vote.

00:36:37.180 --> 00:36:40.940
 And then we have 4C, a presentation by Roman.

00:36:40.940 --> 00:36:42.740
 Is he here?

00:36:42.740 --> 00:36:44.940
 Do you have a presentation for this?

00:36:44.940 --> 00:36:45.940
 Yes, I do.

00:36:45.940 --> 00:36:48.780
 Do you want to present this evening or now or?

00:36:48.780 --> 00:36:51.780
 Yeah, I can do that.

00:36:51.780 --> 00:36:52.780
 Sure.

00:36:52.780 --> 00:36:53.780
 All right.

00:36:53.780 --> 00:36:54.780
 Give me one minute here.

00:36:54.780 --> 00:36:55.780
 Where are we going?

00:36:55.780 --> 00:36:56.780
 One second here.

00:36:56.780 --> 00:37:23.780
 I'm going to go ahead and put this in the public hearing.

00:37:23.780 --> 00:37:35.740
 This is to ask for a recommendation, to consider making a recommendation to city council regarding

00:37:35.740 --> 00:37:39.500
 a resolution adopting the Visions, Values, Statements, Goals, Policies, Recommendations

00:37:39.500 --> 00:37:44.180
 and the Implementation Matrix of the Denton Historic Preservation Plan.

00:37:44.180 --> 00:37:48.140
 As you know, the original plan was adapted in 1985.

00:37:48.140 --> 00:37:52.140
 That plan really was an impetus for a lot of significant historic preservation in the

00:37:52.140 --> 00:37:53.340
 city of Denton.

00:37:53.340 --> 00:37:55.300
 Many of the objectives in that plan were met.

00:37:55.300 --> 00:38:00.340
 The creation of districts, the land marking of homes and a lot of things.

00:38:00.340 --> 00:38:02.400
 And yet there were very different problems.

00:38:02.400 --> 00:38:04.820
 This is an excerpt from that plan.

00:38:04.820 --> 00:38:08.260
 In the 1980s, there was, I guess, a lot more blight and decay.

00:38:08.260 --> 00:38:13.980
 So you have this note from page one that to the community, historic preservation offers

00:38:13.980 --> 00:38:18.820
 a possibility of reversing what is otherwise an inevitable downward spiral deterioration

00:38:18.820 --> 00:38:23.740
 of the built environment without incentives to reverse that trend and gradually buildings

00:38:23.740 --> 00:38:27.180
 will decay and as they decay, their surroundings, their neighborhoods will decay.

00:38:27.180 --> 00:38:30.040
 So you get the point.

00:38:30.040 --> 00:38:32.940
 When a prosperous city becomes, a neighborhood becomes a slum.

00:38:32.940 --> 00:38:35.100
 So we were faced with really different problems.

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

00:38:40.980 --> 00:38:46.580
 districts to that, nor the Main Street District, which was created soon thereafter.

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.

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.

00:38:59.220 --> 00:39:03.940
 It talks here, in addition, residents of West Oak Street had lost protection of single family

00:39:03.940 --> 00:39:07.980
 zoning in the citywide rezoning that took place in the 1960s.

00:39:07.980 --> 00:39:13.300
 Later, it says that the city council made a positive contribution when it allowed voluntary

00:39:13.300 --> 00:39:18.340
 backs zoning to single family status at no cost to applicants.

00:39:18.340 --> 00:39:20.620
 And I understand that that happened across the board.

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

00:39:25.980 --> 00:39:28.940
 and West Oak.

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,

00:39:34.300 --> 00:39:39.400
 which was scooted back and flipped around and became the back unit there.

00:39:39.400 --> 00:39:44.180
 So that the street view you got among all those big, all those majestic historic homes

00:39:44.180 --> 00:39:50.040
 was that, that home in the back sitting there is actually covering the original framing

00:39:50.040 --> 00:39:53.180
 of that old home that was there.

00:39:53.180 --> 00:39:57.980
 There were also perceived threats, one of which is almost kind of humorous.

00:39:57.980 --> 00:40:02.060
 It talks about the, in this context, the Landmark Commission would like to note its concern

00:40:02.060 --> 00:40:05.020
 over the increase in the proportion of Dentons.

00:40:05.020 --> 00:40:09.500
 Regional areas which are passing to non-resident ownership, non-resident ownership poses the

00:40:09.500 --> 00:40:12.900
 danger that owners may choose to ignore the community's best interest.

00:40:12.900 --> 00:40:17.140
 The problem is compounded today by a significant amount of properties being owned by citizens

00:40:17.140 --> 00:40:20.500
 of foreign nations, either directly or through nominees.

00:40:20.500 --> 00:40:25.340
 These persons, Canadians, Germans and others may wish to be good citizens, but it's difficult

00:40:25.340 --> 00:40:27.220
 to inform them of community concerns.

00:40:27.220 --> 00:40:30.300
 That's actually right out of the current plan.

00:40:30.300 --> 00:40:33.940
 But then there were real opportunities and this was the main thing.

00:40:33.940 --> 00:40:39.700
 What preservation does is residents in Denton's older areas would welcome a greater degree

00:40:39.700 --> 00:40:42.660
 of stability than they enjoyed in recent years.

00:40:42.660 --> 00:40:47.140
 And that's really what conservation districts and historic districts and land marking properties

00:40:47.140 --> 00:40:48.140
 is about.

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

00:40:52.780 --> 00:40:57.660
 years from now and what we want things to look like.

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

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

00:41:08.980 --> 00:41:09.980
 month.

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

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

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.

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

00:41:30.340 --> 00:41:36.940
 that either myself or the Lakota group were here presenting.

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.

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.

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

00:41:54.980 --> 00:41:58.940
 will present this slide show.

00:41:58.940 --> 00:42:04.380
 So this is about the plan, which I believe is attached in your current staff report.

00:42:04.380 --> 00:42:08.380
 It has the history of our districts and when they were created, the number of national

00:42:08.380 --> 00:42:12.060
 landmarks, the districts and local landmarks.

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

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

00:42:20.620 --> 00:42:21.620
 or five of them.

00:42:21.620 --> 00:42:23.020
 They studied all of that.

00:42:23.020 --> 00:42:29.740
 Then they have recommendations for future landmarks, economic development ideas, and

00:42:29.740 --> 00:42:32.620
 ideas about how we administer this program.

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

00:42:38.300 --> 00:42:41.300
 plan.

00:42:41.300 --> 00:42:42.780
 This is significant and unusual.

00:42:42.780 --> 00:42:47.460
 I didn't know this, but the United States Secretary of Interior actually has guidelines

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

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,

00:42:56.460 --> 00:43:00.300
 that you have to then say, "Well, where do these buildings fit in it?"

00:43:00.300 --> 00:43:06.340
 The other thing is that you have goals and priorities for recognizing properties and

00:43:06.340 --> 00:43:08.500
 then that you involve the community.

00:43:08.500 --> 00:43:09.500
 So that's what they did here.

00:43:09.500 --> 00:43:13.100
 This is a list of those things that happened.

00:43:13.100 --> 00:43:19.860
 Further breakdown of the plans organization, which is not the hundred and something pages

00:43:19.860 --> 00:43:21.900
 in it, but it's within there.

00:43:21.900 --> 00:43:27.540
 These are the four parts of a preservation program as they see it, surveying properties,

00:43:27.540 --> 00:43:30.980
 community development, program administration, and education outreach.

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

00:43:36.980 --> 00:43:38.740
 are areas they recommend surveying.

00:43:38.740 --> 00:43:40.820
 Surveying is just usually done with a grant.

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,

00:43:45.940 --> 00:43:50.460
 and then we've gone around like Idiots Hill was surveyed in 2015, the Bolivar Street

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.

00:43:58.180 --> 00:44:02.900
 Here's what you find out in there, the types of properties in those neighborhoods.

00:44:02.900 --> 00:44:08.420
 This is some of the recommendations that have to do with economic development, program administration,

00:44:08.420 --> 00:44:12.660
 education outreach, and then just two pages here about the goals.

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,

00:44:21.800 --> 00:44:28.860
 and then this one is about the engagement in the community, upgrading our website, etc.

00:44:28.860 --> 00:44:31.220
 So that's what they're going to present.

00:44:31.220 --> 00:44:38.860
 And then finally, I just want to come back for a minute to this slide here.

00:44:38.860 --> 00:44:43.700
 The Landmark Commission met on Monday, they recommend that the Planning and Zoning Commission

00:44:43.700 --> 00:44:45.500
 does recommend a city council is approved.

00:44:45.500 --> 00:44:48.900
 They voted unanimously in favor of that with a couple of suggestions.

00:44:48.900 --> 00:44:53.560
 One of them had to do with the wording in the plan about Quaker Town.

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

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

00:45:03.900 --> 00:45:12.100
 about the neighborhood and the name that the neighborhood, it says here, many of the structures

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

00:45:16.100 --> 00:45:21.900
 known as Quaker Town, possibly because of after being moved, the buildings were shaky.

00:45:21.900 --> 00:45:22.900
 So they were quaking.

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

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

00:45:31.580 --> 00:45:36.340
 and that the Quakers helped slaves escape through the Underground Railroad, and so this

00:45:36.340 --> 00:45:40.380
 area was actually called Quaker Town because of that.

00:45:40.380 --> 00:45:45.500
 And so in our Landmark Commission meeting, a new commissioner to the Historic Landmark

00:45:45.500 --> 00:45:51.020
 Commission, Commissioner McAdams, recommended that we change some language there under a

00:45:51.020 --> 00:45:54.260
 section called African Americans and Other Diverse Populations.

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

00:45:57.980 --> 00:46:02.540
 story includes the forced relocation of the African American community to Solomon Hill

00:46:02.540 --> 00:46:05.620
 and other areas of Denton's east and south sides.

00:46:05.620 --> 00:46:10.140
 While there is a Texas Historical Commission marker in the park that provides some information

00:46:10.140 --> 00:46:14.580
 about Quaker Town, additional research and survey work for this context would identify

00:46:14.580 --> 00:46:19.380
 properties, blocks, and areas of cultural significance worthy of preservation and protection,

00:46:19.380 --> 00:46:21.660
 and then the historic, that part, so the most part of it.

00:46:21.660 --> 00:46:23.660
 And the second recommendation, you have?

00:46:23.660 --> 00:46:24.660
 - Commissioner Pereta.

00:46:24.660 --> 00:46:29.580
 - Yeah, I just wanna clarify, so right here, this language where it says, where it includes

00:46:29.580 --> 00:46:34.220
 the forced relocation, is that replacing the previous page where it implies that the land

00:46:34.220 --> 00:46:35.220
 was given?

00:46:35.220 --> 00:46:36.220
 Is that?

00:46:36.220 --> 00:46:38.740
 - No, it's, I'm sorry to cut for that confusion.

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

00:46:45.620 --> 00:46:46.620
 your agenda.

00:46:46.620 --> 00:46:47.620
 - Okay.

00:46:47.620 --> 00:46:52.340
 - The proposed plan, these, this word language, the top, is from the '86 plan.

00:46:52.340 --> 00:46:53.340
 - Okay.

00:46:53.340 --> 00:46:56.060
 - On the other hand, we've been getting it wrong for a while here.

00:46:56.060 --> 00:46:57.500
 - Okay, and that's no longer, okay.

00:46:57.500 --> 00:47:02.860
 - So on our, under African Americans and other diverse communities, on page 25, there's

00:47:02.860 --> 00:47:07.020
 a very small paragraph, in fact, this would replace the whole paragraph here, that is

00:47:07.020 --> 00:47:08.020
 inaccurate.

00:47:08.020 --> 00:47:12.420
 It actually implies that people just voluntarily sold their land.

00:47:12.420 --> 00:47:14.820
 It doesn't mention that they were actually forced to leave.

00:47:14.820 --> 00:47:15.820
 - Okay.

00:47:15.820 --> 00:47:16.820
 And then that's what we're replacing with this?

00:47:16.820 --> 00:47:17.820
 - Yes.

00:47:17.820 --> 00:47:18.820
 - Okay, thank you very much.

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

00:47:26.140 --> 00:47:33.540
 Anderson, wanted specifically to see more incentives for local landmark owners, for

00:47:33.540 --> 00:47:35.460
 property owners for historic homes.

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

00:47:40.180 --> 00:47:44.540
 exemption from City of Denton Property Taxes in coordination with other applicable taxing

00:47:44.540 --> 00:47:50.060
 doors for locally designated homes, it would be a recommendation, again, it's a policy

00:47:50.060 --> 00:47:52.180
 document.

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

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

00:48:03.020 --> 00:48:06.260
 entities and they do not pay taxes on those properties.

00:48:06.260 --> 00:48:08.620
 And in the city of Brownsville, it's the same way.

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

00:48:12.700 --> 00:48:17.960
 have that, and they both, when you ask the preservation officer in Plano how it happened,

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

00:48:21.500 --> 00:48:22.500
 keeps going.

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

00:48:27.100 --> 00:48:28.100
 that.

00:48:28.100 --> 00:48:29.460
 But anyway, those are the two recommendations.

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.

00:48:34.380 --> 00:48:35.380
 - Commissioner Betts.

00:48:35.380 --> 00:48:36.380
 - Hey, Chair.

00:48:36.380 --> 00:48:40.180
 So your position on that, Rowan, are you in favor of that recommendation?

00:48:40.180 --> 00:48:41.180
 - Yes.

00:48:41.180 --> 00:48:42.180
 - Okay.

00:48:42.180 --> 00:48:47.780
 So additionally, we have spoken to one city council member who confirmed some of the other

00:48:47.780 --> 00:48:48.780
 things we noticed.

00:48:48.780 --> 00:48:52.340
 We have some wording in there about the Landmark Commission having a subcommittee that does

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,

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

00:49:03.180 --> 00:49:04.180
 pointed out that we do it.

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

00:49:08.380 --> 00:49:09.380
 to address.

00:49:09.380 --> 00:49:10.380
 - Commissioner Smith.

00:49:10.380 --> 00:49:11.380
 - Thank you, Chair.

00:49:11.380 --> 00:49:15.740
 So going back to that, the goal number two, our recommendation.

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

00:49:20.420 --> 00:49:21.420
 that.

00:49:21.420 --> 00:49:22.420
 It's not saying that we have to go.

00:49:22.420 --> 00:49:23.420
 We're not approving that, of course, right?

00:49:23.420 --> 00:49:24.420
 What is...

00:49:24.420 --> 00:49:25.420
 Go through that wording again that you said.

00:49:25.420 --> 00:49:26.420
 - Yeah.

00:49:26.420 --> 00:49:27.420
 - Recommend a program.

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,

00:49:30.420 --> 00:49:32.900
 not actually saying it has to be created.

00:49:32.900 --> 00:49:33.900
 - Yes.

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

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

00:49:46.220 --> 00:49:49.380
 number 19, unless we put it at the top, so there's quite a number.

00:49:49.380 --> 00:49:54.660
 And they can have priorities in 'em.

00:49:54.660 --> 00:49:56.220
 Obviously this is gonna be a little bit of a...

00:49:56.220 --> 00:49:57.460
 This would be a lot of work.

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

00:50:01.940 --> 00:50:03.100
 can take the time to look at it.

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,

00:50:06.980 --> 00:50:08.740
 "Well, this was in there, but we never did this.

00:50:08.740 --> 00:50:09.740
 Why was that?"

00:50:09.740 --> 00:50:13.100
 I'm just looking through to see what actual steps after this goes through gets approved,

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

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

00:50:20.940 --> 00:50:26.500
 would be falling underneath that exemption, and then what criteria do...

00:50:26.500 --> 00:50:29.180
 I think you said Brownsville, and Brownswood or Brownswood?

00:50:29.180 --> 00:50:31.220
 - Brownsville, Texas on the border, and Plano.

00:50:31.220 --> 00:50:33.740
 - Brownsville and Plano does it.

00:50:33.740 --> 00:50:36.780
 What stipulations they also have on those homeowners for what type of upkeep?

00:50:36.780 --> 00:50:40.780
 Because I get like an exemption, "Don't pay taxes because you have these requirements

00:50:40.780 --> 00:50:42.980
 to upkeep the historical nature of the building."

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

00:50:49.460 --> 00:50:50.460
 is gonna be on that.

00:50:50.460 --> 00:50:51.780
 - I have two thoughts on that.

00:50:51.780 --> 00:50:55.060
 I mean, possibly right now, so the HLC recommended a program.

00:50:55.060 --> 00:51:01.820
 Maybe that wording needs to be recommend studying this.

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

00:51:06.100 --> 00:51:08.420
 pretty intense study there to show...

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

00:51:13.020 --> 00:51:15.300
 heartburn or something like that to say that this is gonna be in there.

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

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

00:51:22.700 --> 00:51:25.740
 does that look like, I guess, before we start voting and approving things?

00:51:25.740 --> 00:51:26.740
 - Right.

00:51:26.740 --> 00:51:27.740
 - Does that make sense?

00:51:27.740 --> 00:51:28.740
 - Yes, absolutely.

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

00:51:31.100 --> 00:51:34.140
 all of the properties receiving that.

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

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

00:51:43.260 --> 00:51:44.260
 is...

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

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,

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

00:51:55.620 --> 00:51:56.620
 take action on it then?

00:51:56.620 --> 00:51:59.180
 Are you guys gonna start working on it as...

00:51:59.180 --> 00:52:05.660
 - There's short-range, medium-range, and long-range goals, and whoever the historic preservation

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

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

00:52:12.060 --> 00:52:13.060
 look at.

00:52:13.060 --> 00:52:14.060
 - Okay.

00:52:14.060 --> 00:52:15.060
 Thank you.

00:52:15.060 --> 00:52:16.060
 - Jerry.

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

00:52:26.620 --> 00:52:34.100
 someone was asking you earlier about, do you recommend the changes that the HLC had, and

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

00:52:41.020 --> 00:52:47.460
 to approve unless otherwise stated is a motion to approve with the staff recommendations,

00:52:47.460 --> 00:52:52.540
 is that a correct staff recommendation as stated, or is your staff recommendation also

00:52:52.540 --> 00:52:57.380
 include the HLC recommendations, or does that need to be specified in the motion?

00:52:57.380 --> 00:52:59.100
 - It needs to be specified in the motion.

00:52:59.100 --> 00:53:00.100
 - Okay.

00:53:00.100 --> 00:53:01.100
 - Thank you.

00:53:01.100 --> 00:53:02.100
 Thank you for clarifying that.

00:53:02.100 --> 00:53:03.100
 - Sure.

00:53:03.100 --> 00:53:07.180
 - Any other questions for Roman?

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

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?

00:53:18.820 --> 00:53:23.300
 I mean, do we wanna include that as part of the recommendation, just to--

00:53:23.300 --> 00:53:24.300
 - Recommend exploring.

00:53:24.300 --> 00:53:25.540
 - Recommend exploring, yeah.

00:53:25.540 --> 00:53:31.180
 - I would feel better saying recommend exploring it, letting that go through so that if we

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

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

00:53:37.980 --> 00:53:38.980
 looking at the 2019 one.

00:53:38.980 --> 00:53:39.980
 - It has to be looking.

00:53:39.980 --> 00:53:40.980
 - Laughing at it too, so.

00:53:40.980 --> 00:53:41.980
 - Yeah, I agree.

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

00:53:46.340 --> 00:53:49.580
 exemption from the City of Dent Property Taxes and Coordination with other applicable taxes.

00:53:49.580 --> 00:53:50.580
 - Absolutely.

00:53:50.580 --> 00:53:51.580
 - But let's just make sure to clarify that in the motion.

00:53:51.580 --> 00:53:52.580
 - Okay.

00:53:52.580 --> 00:53:53.580
 - Yeah.

00:53:53.580 --> 00:53:54.580
 - Chambers.

00:53:54.580 --> 00:53:55.580
 - That works.

00:53:55.580 --> 00:53:56.580
 - Thank you, Roman, for the presentation.

00:53:56.580 --> 00:53:57.580
 - Thank you, Commissioner.

00:53:57.580 --> 00:54:05.540
 - Moving on to the public hearings this evening, 5AZ18-0013A has been removed.

00:54:05.540 --> 00:54:17.020
 Moving to 5B, Sean Jacobson can present to us this replat.

00:54:17.020 --> 00:54:26.740
 - Good evening, Chair and members of the Commission.

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

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.

00:54:39.140 --> 00:54:44.820
 The proposal is to replat that into two lots of equal size.

00:54:44.820 --> 00:54:50.420
 Each one would be, let's see, 2.447 acres.

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

00:54:55.020 --> 00:54:59.260
 would meet all the dimensional standards of the NR2 Zoning District.

00:54:59.260 --> 00:55:05.620
 Overall, this replat meets all of the requirements that we have, and staff recommends approval.

00:55:05.620 --> 00:55:06.620
 - Fantastic.

00:55:06.620 --> 00:55:08.260
 Any questions for Sean?

00:55:08.260 --> 00:55:09.260
 Great.

00:55:09.260 --> 00:55:10.260
 Thank you.

00:55:10.260 --> 00:55:32.260
 Next item is 5C, the final replat presented by Karina Maldonado.

00:55:32.260 --> 00:55:44.380
 I'm Karina Maldonado, assistant planner with the City of Denton.

00:55:44.380 --> 00:55:49.420
 Today I will be presenting a replat for the Fire Station 8.

00:55:49.420 --> 00:55:52.860
 It is for Lot 4R Block 1.

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

00:55:59.700 --> 00:56:03.380
 of 5.156 acres.

00:56:03.380 --> 00:56:07.460
 This is currently zone RCCN under the 2002 code.

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.

00:56:15.540 --> 00:56:17.540
 Staff is recommending approval.

00:56:17.540 --> 00:56:24.060
 It is just to, again, combine the lots and provide right-of-way dedication.

00:56:24.060 --> 00:56:25.900
 - Any questions for Karina?

00:56:25.900 --> 00:56:29.660
 Thank you very much.

00:56:29.660 --> 00:56:34.420
 The next item is 5D, the AESA presented by Haley Zygirsky.

00:56:34.420 --> 00:56:44.980
 Commissioner Kohler, are you set out for this one?

00:56:44.980 --> 00:56:53.980
 - Good evening.

00:56:53.980 --> 00:56:59.140
 This is an alternative, environmentally sensitive area plan for Fisher 59 for some modifications

00:56:59.140 --> 00:57:00.780
 to the floodplain designation.

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

00:57:05.300 --> 00:57:08.580
 transition as smooth as possible.

00:57:08.580 --> 00:57:13.300
 The request before you is to hold a public hearing this evening and consider making a

00:57:13.300 --> 00:57:18.100
 recommendation to the council regarding a request by Fisher 59 for this alternative

00:57:18.100 --> 00:57:19.100
 ESA plan.

00:57:19.100 --> 00:57:21.300
 There are properties outlined in yellow on the map.

00:57:21.300 --> 00:57:23.420
 It is just under 50 acres.

00:57:23.420 --> 00:57:28.740
 It's located roughly at the intersection of University here on the south side and Mosque

00:57:28.740 --> 00:57:34.460
 Branch Road on the eastern boundary of the property.

00:57:34.460 --> 00:57:36.820
 Notification was sent regarding this request over the summer.

00:57:36.820 --> 00:57:41.300
 If you remember, this has appeared on your agenda several times since July.

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.

00:57:46.420 --> 00:57:51.020
 In that time, they've received full FEMA approval of their associated CLOMAR, which

00:57:51.020 --> 00:57:55.740
 are the map revisions for the floodplain, as well as receiving approval and a waiver

00:57:55.740 --> 00:58:00.700
 from TxDOT for some additional detention ponds that they thought may be required to get their

00:58:00.700 --> 00:58:01.700
 driveway permit.

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

00:58:05.780 --> 00:58:08.780
 us this evening.

00:58:08.780 --> 00:58:12.540
 The zoning for this property is employment center industrial, so the distribution center

00:58:12.540 --> 00:58:16.220
 and warehouse that is currently being constructed on a part of this property is of permitted

00:58:16.220 --> 00:58:18.780
 use.

00:58:18.780 --> 00:58:21.340
 This originally started back in 2009.

00:58:21.340 --> 00:58:24.820
 The original ESA field assessment was done at that time for the two creeks that were

00:58:24.820 --> 00:58:26.500
 on the property.

00:58:26.500 --> 00:58:30.380
 That assessment did result in the removal of the riparian buffer designation on both

00:58:30.380 --> 00:58:32.140
 of those streams.

00:58:32.140 --> 00:58:39.980
 So the eastern stream had some erosion conditions present, as well as it was already restricted

00:58:39.980 --> 00:58:43.780
 by the at-grade crossing at university, so that designation was removed for the area

00:58:43.780 --> 00:58:45.260
 that we'll be looking at this evening.

00:58:45.260 --> 00:58:48.060
 So now it's strictly the floodplain designation.

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

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,

00:58:56.540 --> 00:59:02.980
 which is a letter of map revision, that FEMA approved in 2013, that was channelized.

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

00:59:10.300 --> 00:59:13.900
 of last year, you approved the preliminary plat for two lots.

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

00:59:18.100 --> 00:59:20.860
 stream that used to be on the property.

00:59:20.860 --> 00:59:23.460
 This lot one was final plotted last November.

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

00:59:27.140 --> 00:59:30.740
 of the distribution center on that site.

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

00:59:34.140 --> 00:59:37.540
 that fire code requires two points of access to the facility.

00:59:37.540 --> 00:59:41.220
 So they were able to get one driveway onto Highway 380.

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

00:59:45.340 --> 00:59:46.380
 Road.

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

00:59:51.100 --> 00:59:54.060
 through the floodplain and the alternative ESA conditions.

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

00:59:58.380 --> 01:00:01.500
 second point of access for their facility.

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

01:00:05.820 --> 01:00:11.300
 the report.

01:00:11.300 --> 01:00:15.100
 Christy Upton, Environmental Compliance Coordinator.

01:00:15.100 --> 01:00:18.660
 And we wanted to let you know about the other field assessment.

01:00:18.660 --> 01:00:25.100
 So after the plans for this project started, another field assessment was conducted on

01:00:25.100 --> 01:00:29.220
 the floodplain of that stream.

01:00:29.220 --> 01:00:32.900
 And it was determined to be undeveloped floodplain.

01:00:32.900 --> 01:00:41.700
 And it was found to be predominantly in a natural state, and that's the designation.

01:00:41.700 --> 01:00:51.180
 The proposed encroachment, as Haley has explained, is to construct a drive approach through that

01:00:51.180 --> 01:00:57.220
 floodplain and over it to be able to access the property.

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

01:01:02.780 --> 01:01:05.300
 this time.

01:01:05.300 --> 01:01:13.020
 The proposed encroachments, this exhibit is a little bit confusing, so I wanted to walk

01:01:13.020 --> 01:01:14.460
 through it with you.

01:01:14.460 --> 01:01:20.740
 If you notice this kind of purplish area here, that is the original floodplain.

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

01:01:29.780 --> 01:01:33.300
 generally within that blue area that you see.

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

01:01:39.660 --> 01:01:41.220
 of the valley storage.

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

01:01:47.020 --> 01:01:53.660
 parts of what is now slopes of that floodplain in order to create more valley storage.

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

01:02:01.980 --> 01:02:04.900
 to the south here.

01:02:04.900 --> 01:02:13.100
 And then there will be 5.51 acres of that existing floodplain that will be disturbed.

01:02:13.100 --> 01:02:19.700
 And then .27 acres, generally a quarter of an acre of the existing floodplain that's

01:02:19.700 --> 01:02:26.820
 going to be permanently removed as floodplain.

01:02:26.820 --> 01:02:33.180
 As you've heard earlier tonight, there is criteria for approval for the flexibility

01:02:33.180 --> 01:02:45.400
 and discretionary of this process to provide for the deviation from the Denton Development

01:02:45.400 --> 01:02:50.340
 Code and requiring protection of the environmentally sensitive areas.

01:02:50.340 --> 01:02:57.380
 And in general, as to create or expand or improve the habitat that currently exists,

01:02:57.380 --> 01:03:04.260
 improve the impacted environment in some manner to maintain the habitat continuity, to maximize

01:03:04.260 --> 01:03:11.140
 public access and utilization, preserve the protected area in perpetuity, and create a

01:03:11.140 --> 01:03:19.100
 high quality development.

01:03:19.100 --> 01:03:24.860
 So the first strategy that the applicant has chosen is to create a water quality enhancement

01:03:24.860 --> 01:03:25.860
 feature.

01:03:25.860 --> 01:03:32.180
 They'll be constructing two bioretention basins generally in those areas that are shown

01:03:32.180 --> 01:03:34.740
 in red here.

01:03:34.740 --> 01:03:39.300
 And they will be constructed to offset the removed water quality treatment offered by

01:03:39.300 --> 01:03:49.220
 that floodplain's natural features to help kind of explain how that water quality enhancement

01:03:49.220 --> 01:03:51.420
 works.

01:03:51.420 --> 01:03:59.180
 The applicant first tried to create a comparison of the standards of that floodplain that's

01:03:59.180 --> 01:04:06.060
 going to be removed in comparison to the water quality treatment that will be provided by

01:04:06.060 --> 01:04:13.260
 those bioretention systems, so they start by determining the storage that is currently

01:04:13.260 --> 01:04:17.500
 provided by the floodplain to capture and remove pollutants.

01:04:17.500 --> 01:04:22.180
 And that would be that pre-project water quality volume.

01:04:22.180 --> 01:04:29.600
 They will be, by removing the driveway, they would be removing the floodplain for the driveway.

01:04:29.600 --> 01:04:37.340
 They would be removing that portion of the water quality components that would be offered

01:04:37.340 --> 01:04:39.620
 by the natural floodplain.

01:04:39.620 --> 01:04:48.540
 And so to compensate for that, and the volume of the water quality volume treatment, water

01:04:48.540 --> 01:05:00.300
 quality volume that will be treated, is shown in that blue area above the post-construction,

01:05:00.300 --> 01:05:01.300
 post-project column.

01:05:01.300 --> 01:05:04.860
 Sorry, I'll clean that up.

01:05:04.860 --> 01:05:10.740
 That one's hard to explain and get through.

01:05:10.740 --> 01:05:18.380
 So for the second mitigation strategy, the applicant has proposed to replace and enhance

01:05:18.380 --> 01:05:22.380
 the habitat that currently exists.

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.

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

01:05:42.220 --> 01:05:44.740
 mix of some sort.

01:05:44.740 --> 01:05:52.140
 That will be 5.24 acres within the current floodplain and then another three quarters

01:05:52.140 --> 01:05:57.780
 of an acre outside of what is currently the floodplain.

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

01:06:02.900 --> 01:06:10.580
 bioretention systems with the native plant mix as well.

01:06:10.580 --> 01:06:16.820
 For approval, there will be several conditions placed on the applicant.

01:06:16.820 --> 01:06:19.140
 There will be a three-year monitoring period.

01:06:19.140 --> 01:06:24.860
 The developer will replace any dead material, plant material within that time frame, and

01:06:24.860 --> 01:06:29.980
 repair any rotted land, remove any trash that's found.

01:06:29.980 --> 01:06:35.460
 There will be an annual report to describe the activities during that period of time.

01:06:35.460 --> 01:06:40.620
 And after three years, environmental services will inspect for conformance with the alternative

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

01:06:47.140 --> 01:06:50.580
 a final acceptance.

01:06:50.580 --> 01:06:57.240
 In addition to that, the applicant has also agreed to a maintenance plan that you can

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

01:07:09.220 --> 01:07:13.900
 management and monitoring of the bioretention system that would include trash and sediment

01:07:13.900 --> 01:07:21.540
 removal and vegetation maintenance.

01:07:21.540 --> 01:07:26.860
 You will find these recommendations in your backup material.

01:07:26.860 --> 01:07:32.400
 I will just kind of skim through them.

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

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

01:07:46.460 --> 01:07:52.860
 vegetation that would be removed, and the construction of the two bioretention systems.

01:07:52.860 --> 01:08:03.180
 And we have struck condition number four, because the applicant has satisfied TechStat's

01:08:03.180 --> 01:08:10.420
 requirements, and TechStat is no longer requiring or has waived a requirement for the additional

01:08:10.420 --> 01:08:15.460
 detention that they were originally requesting.

01:08:15.460 --> 01:08:23.340
 We will also allow for five percent of modifications to that bioretention system that they are

01:08:23.340 --> 01:08:29.940
 constructing and allowing some flexibility with staff to approve up to five percent of

01:08:29.940 --> 01:08:35.980
 modification of that bioretention system, but not reducing the water quality treatment

01:08:35.980 --> 01:08:38.260
 that would be provided.

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.

01:08:47.460 --> 01:08:48.460
 Any questions?

01:08:48.460 --> 01:08:56.940
 Just for clarity, Christine, the water now will flow unimpededly through concrete culverts?

01:08:56.940 --> 01:08:57.940
 No.

01:08:57.940 --> 01:08:58.940
 Okay.

01:08:58.940 --> 01:08:59.940
 Yes.

01:08:59.940 --> 01:09:00.940
 I'm sorry.

01:09:00.940 --> 01:09:01.940
 Yes.

01:09:01.940 --> 01:09:02.940
 I see what you're saying.

01:09:02.940 --> 01:09:04.940
 As opposed to a bridge or something like that?

01:09:04.940 --> 01:09:09.620
 There would be concrete culverts within that red area right there.

01:09:09.620 --> 01:09:12.820
 And they'll be covered with soil, and then native seed will be planted over there?

01:09:12.820 --> 01:09:16.740
 The native seed would be planted within that disturbed areas here.

01:09:16.740 --> 01:09:17.740
 Great.

01:09:17.740 --> 01:09:18.740
 Thank you.

01:09:18.740 --> 01:09:19.860
 Any other questions?

01:09:19.860 --> 01:09:20.860
 Okay.

01:09:20.860 --> 01:09:21.860
 Thank you.

01:09:21.860 --> 01:09:22.860
 Okay.

01:09:22.860 --> 01:09:40.220
 Does Commissioner Cole hang around here close by?

01:09:40.220 --> 01:09:47.740
 Thanks.

01:09:47.740 --> 01:09:49.740
 So that concludes the agenda for this evening.

01:09:49.740 --> 01:09:52.140
 There's a couple items that aren't on the agenda.

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.

01:09:57.380 --> 01:10:02.140
 First, I want to welcome Mr. Ronnie Anderson to the Planning Commission Board.

01:10:02.140 --> 01:10:06.740
 We look forward to serving with you, and I appreciate already the service and the volunteer

01:10:06.740 --> 01:10:07.820
 who joined us.

01:10:07.820 --> 01:10:11.140
 And so thank you for being here and welcome aboard.

01:10:11.140 --> 01:10:14.900
 Second, with the one coming on, we have one leaving us.

01:10:14.900 --> 01:10:19.540
 I think maybe this is final.

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

01:10:23.980 --> 01:10:24.980
 terrible.

01:10:24.980 --> 01:10:27.140
 But I want to say thank you.

01:10:27.140 --> 01:10:28.380
 You and I came in at the same time.

01:10:28.380 --> 01:10:31.060
 So four years we've been serving on Wednesday nights together.

01:10:31.060 --> 01:10:34.780
 And so personally, I appreciate the feedback you've given us.

01:10:34.780 --> 01:10:37.580
 We, I think, healthily don't see eye to eye on things.

01:10:37.580 --> 01:10:39.260
 I think it's good for this board.

01:10:39.260 --> 01:10:42.580
 It cultivates, I think, good conversation and good things for the city.

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

01:10:49.340 --> 01:10:52.780
 for parking and trees and all those things.

01:10:52.780 --> 01:10:55.300
 So I appreciate you being an advocate for those the past four years.

01:10:55.300 --> 01:10:59.260
 And we'll see if your nomination for Board of Ethics goes through.

01:10:59.260 --> 01:11:02.500
 But if that goes through, have fun.

01:11:02.500 --> 01:11:09.900
 And thanks for -- you won't see me.

01:11:09.900 --> 01:11:10.900
 In all seriousness, thank you.

01:11:10.900 --> 01:11:12.740
 You mean a lot to this commission and to this city.

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

01:11:15.820 --> 01:11:19.140
 what you call this -- a certificate for you for your service.

01:11:19.140 --> 01:11:23.700
 So thank you very much.

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

01:11:29.580 --> 01:11:31.340
 spot going forward.

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

01:11:37.700 --> 01:11:40.980
 Code and other items pertaining to that.

01:11:40.980 --> 01:11:43.020
 So I'm not going to ask for volunteers this evening.

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

01:11:47.060 --> 01:11:49.340
 to volunteer to serve on that board.

01:11:49.340 --> 01:11:52.140
 I'm not sure the current status, if it's winding down or not.

01:11:52.140 --> 01:11:53.140
 Kishalis.

01:11:53.140 --> 01:11:54.140
 Thank you, Chair.

01:11:54.140 --> 01:11:56.220
 I can add to that, because I'm sitting on that committee.

01:11:56.220 --> 01:12:00.820
 But generally, we've been meeting on Fridays from 11 a.m. to 1.

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

01:12:04.540 --> 01:12:05.540
 end of the year.

01:12:05.540 --> 01:12:06.540
 Okay.

01:12:06.540 --> 01:12:09.420
 What it appears to be.

01:12:09.420 --> 01:12:12.300
 So it would be a potentially short volunteer service.

01:12:12.300 --> 01:12:17.020
 So -- Yeah, but it will be most Friday.

01:12:17.020 --> 01:12:18.020
 Please.

01:12:18.020 --> 01:12:19.020
 Commissioner Ellis.

01:12:19.020 --> 01:12:20.500
 Thank you again, Chair.

01:12:20.500 --> 01:12:23.380
 I can also add, it's great conversation.

01:12:23.380 --> 01:12:27.860
 There's three council people, three people from P&Z.

01:12:27.860 --> 01:12:31.420
 It's really good conversation having to do with the implementation and changes that are

01:12:31.420 --> 01:12:35.820
 going on between at the state level and our new code.

01:12:35.820 --> 01:12:36.820
 Yeah.

01:12:36.820 --> 01:12:41.100
 If you all schedule permits, it would be a good thing to fill that void.

01:12:41.100 --> 01:12:44.900
 Commissioner Becks is leaving big shoes, but I think someone on this board can certainly

01:12:44.900 --> 01:12:48.720
 do that if the time schedule permits.

01:12:48.720 --> 01:12:50.340
 That's all I have for the work session.

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.

01:12:55.260 --> 01:12:56.260
 Thank you.

01:12:56.260 --> 01:13:01.760
 I'll close the work session at 5 -- no, 622.

01:13:01.760 --> 01:13:04.900
 Good evening, ladies and gentlemen, and welcome to the Planning and Zoning Commission meeting

01:13:04.900 --> 01:13:06.580
 for September 18th, 2019.

01:13:06.580 --> 01:13:12.060
 Seeing that we do have a quorum, I'll call this meeting to order at 639.

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

01:13:15.740 --> 01:13:16.740
 to the U.S. and Texas flag.

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

01:13:17.740 --> 01:13:18.740
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

01:13:18.740 --> 01:13:19.740
 Honored by the Texas flag, I pledge allegiance to thee, Texas, one state, under God, one

01:13:19.740 --> 01:13:20.740
 and indivisible.

01:13:20.740 --> 01:13:21.740
 Thank you.

01:13:21.740 --> 01:13:49.020
 The next item of business is to consider approval of the amendments from August 21st, 2019.

01:13:49.020 --> 01:13:57.860
 We have a first and a second for approval.

01:13:57.860 --> 01:14:00.620
 Any discussion on the item?

01:14:00.620 --> 01:14:06.500
 Seeing none, I'll call for a vote on the board.

01:14:06.500 --> 01:14:26.060
 I have to say abstain.

01:14:26.060 --> 01:14:27.060
 Motion carries 5-0.

01:14:27.060 --> 01:14:32.060
 The next item of business is to consider our consent agenda.

01:14:32.060 --> 01:14:34.100
 Commissioner Smith?

01:14:34.100 --> 01:14:35.100
 Motion to approve.

01:14:35.100 --> 01:14:36.580
 We have a first for approval.

01:14:36.580 --> 01:14:37.580
 Commissioner Ellis?

01:14:37.580 --> 01:14:38.580
 Second.

01:14:38.580 --> 01:14:39.580
 We have a first and a second for approval.

01:14:39.580 --> 01:14:41.900
 Any discussion on the item?

01:14:41.900 --> 01:14:54.540
 Seeing none, I'll call for a vote on the board.

01:14:54.540 --> 01:14:57.180
 Motion carries 7-0.

01:14:57.180 --> 01:14:59.700
 The next item of business is item 4A.

01:14:59.700 --> 01:15:01.220
 It's considering a point.

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

01:15:06.940 --> 01:15:09.020
 a motion and vote for vice chair.

01:15:09.020 --> 01:15:10.020
 Commissioner Ellis?

01:15:10.020 --> 01:15:11.020
 Thank you, chair.

01:15:11.020 --> 01:15:15.140
 I would like to nominate you, Chair Rozelle, to remain as chair.

01:15:15.140 --> 01:15:16.140
 I appreciate that.

01:15:16.140 --> 01:15:17.140
 Thank you.

01:15:17.140 --> 01:15:18.820
 We have a first, or motion, Commissioner Smith?

01:15:18.820 --> 01:15:19.820
 I second.

01:15:19.820 --> 01:15:20.820
 Appreciate that.

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?

01:15:23.860 --> 01:15:29.100
 Seeing none, I'll call for a vote on the board.

01:15:29.100 --> 01:15:36.300
 Motion carries 7-0.

01:15:36.300 --> 01:15:37.300
 Thank you all.

01:15:37.300 --> 01:15:40.460
 The next item is consider vice chair, Commissioner Smith?

01:15:40.460 --> 01:15:43.940
 A motion to nominate Commissioner Ellis for vice chair position.

01:15:43.940 --> 01:15:46.660
 Commissioner Ellis, do you accept the nomination?

01:15:46.660 --> 01:15:47.660
 I do.

01:15:47.660 --> 01:15:48.660
 Thank you.

01:15:48.660 --> 01:15:49.660
 We have a first.

01:15:49.660 --> 01:15:50.660
 Commissioner Pernetta?

01:15:50.660 --> 01:15:51.660
 I second the motion.

01:15:51.660 --> 01:15:52.660
 We have a first and a second for approval.

01:15:52.660 --> 01:15:53.660
 Any discussion on the item?

01:15:53.660 --> 01:15:58.620
 Seeing none, we'll vote on the board for the position of vice chair.

01:15:58.620 --> 01:16:03.620
 Thank you.

01:16:03.620 --> 01:16:04.620
 Motion carries 7-0.

01:16:04.620 --> 01:16:05.620
 Congratulations.

01:16:05.620 --> 01:16:06.620
 Thank you.

01:16:06.620 --> 01:16:11.660
 The next item for consideration is a consider request by Commissioner Cole to reclassify

01:16:11.660 --> 01:16:14.100
 his absence on August 21st.

01:16:14.100 --> 01:16:19.100
 I'll ask Commissioner Cole to step away, and we have a discussion or a motion.

01:16:19.100 --> 01:16:20.100
 Commissioner Ellis?

01:16:20.100 --> 01:16:23.180
 I move approval of reclassifying.

01:16:23.180 --> 01:16:24.980
 We have a first for the reclassification.

01:16:24.980 --> 01:16:25.980
 Commissioner Smith?

01:16:25.980 --> 01:16:26.980
 Second.

01:16:26.980 --> 01:16:29.220
 We have a first and a second for reclassifying his absence.

01:16:29.220 --> 01:16:32.060
 Any discussion on the matter?

01:16:32.060 --> 01:16:43.620
 Seeing none, I'll call for a vote on the board.

01:16:43.620 --> 01:16:49.620
 Motion carries 6-0 with one recuse on by Commissioner Cole back to the dais.

01:16:49.620 --> 01:16:56.340
 Next item of business is item 4C, a presentation by Roman McAllen on the historic preservation

01:16:56.340 --> 01:17:00.060
 plan.

01:17:00.060 --> 01:17:29.340
 Or not.

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

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.

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

01:17:43.980 --> 01:17:48.220
 item 5A, Z18-13A.

01:17:48.220 --> 01:17:56.200
 That brings us to item 5B, FR19-0011, and I'll invite Sean Jacobson for presentation

01:17:56.200 --> 01:18:04.980
 on the final replat.

01:18:04.980 --> 01:18:15.740
 And I'll open the public hearing.

01:18:15.740 --> 01:18:17.700
 Good evening Chair and members of the commission.

01:18:17.700 --> 01:18:21.940
 My name is Sean Jacobson, assistant planner with development services.

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.

01:18:28.900 --> 01:18:34.980
 It's a 4.994 acre property, generally located at the southeast corner of the intersection

01:18:34.980 --> 01:18:39.260
 of Fort Worth Drive and Wildflower Place.

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

01:18:48.300 --> 01:18:51.020
 lots.

01:18:51.020 --> 01:18:56.660
 These lots would both meet the standards of the NR2 zoning district in which the property

01:18:56.660 --> 01:18:58.380
 is located.

01:18:58.380 --> 01:19:04.940
 And as this replat meets all other standards, staff recommends approval.

01:19:04.940 --> 01:19:06.900
 Thank you Sean.

01:19:06.900 --> 01:19:07.900
 Any questions?

01:19:07.900 --> 01:19:10.820
 I don't see any questions, thank you.

01:19:10.820 --> 01:19:11.820
 This is the public hearing.

01:19:11.820 --> 01:19:15.700
 Anyone wishing to speak on the item may certainly do so.

01:19:15.700 --> 01:19:19.660
 Seeing no movement.

01:19:19.660 --> 01:19:23.060
 I will close the public hearing and turn today's for discussion or motion.

01:19:23.060 --> 01:19:24.060
 Commissioner Smith?

01:19:24.060 --> 01:19:25.060
 Motion to approve.

01:19:25.060 --> 01:19:26.740
 We have a first for approval.

01:19:26.740 --> 01:19:27.740
 Commissioner Pernetta?

01:19:27.740 --> 01:19:28.740
 Second the motion.

01:19:28.740 --> 01:19:31.340
 We have a second for approval.

01:19:31.340 --> 01:19:34.300
 Any discussion on the item?

01:19:34.300 --> 01:19:41.900
 Seeing none, I'll call for a vote on the board.

01:19:41.900 --> 01:19:42.900
 Motion carries 7-0.

01:19:42.900 --> 01:19:51.460
 The next item of business item 5C, FR19-7, I'll invite Karina Maldonado for presentation.

01:19:51.460 --> 01:20:09.860
 My name is Karina Maldonado, assistant planner of development services.

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

01:20:17.260 --> 01:20:18.900
 8 addition.

01:20:18.900 --> 01:20:25.500
 This is to plat 1, previously platted lot under the Denton Regional Medical Center phase 3

01:20:25.500 --> 01:20:31.820
 with a unplatted tract to combine them for the future fire station number 8.

01:20:31.820 --> 01:20:39.780
 This is located near the intersection of Brinker Road and Colorado Boulevard.

01:20:39.780 --> 01:20:46.100
 It meets all requirements of the 2019 Denton Development Code.

01:20:46.100 --> 01:20:53.620
 The current zoning is RCCN under the 2002 code, and it will transition to the public

01:20:53.620 --> 01:20:57.060
 facilities or PF zoning district.

01:20:57.060 --> 01:21:01.860
 With that, we are recommending approval of the non-residential replat.

01:21:01.860 --> 01:21:07.820
 Thank you for the presentation.

01:21:07.820 --> 01:21:10.000
 This is a public hearing.

01:21:10.000 --> 01:21:11.000
 It is open.

01:21:11.000 --> 01:21:13.780
 If anyone wants to speak on the item.

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.

01:21:20.340 --> 01:21:21.340
 Commissioner Preneta.

01:21:21.340 --> 01:21:22.340
 A motion to approve.

01:21:22.340 --> 01:21:24.340
 We have a first for approval.

01:21:24.340 --> 01:21:25.340
 Commissioner Ellis.

01:21:25.340 --> 01:21:26.340
 Second.

01:21:26.340 --> 01:21:27.340
 We have a first and a second for approval.

01:21:27.340 --> 01:21:28.340
 Any discussion on the item?

01:21:28.340 --> 01:21:35.300
 Seeing none, I'll call for a vote on the board.

01:21:35.300 --> 01:21:41.900
 Motion carries 7-0.

01:21:41.900 --> 01:21:49.300
 The next item for public hearings is item 5D, ASA 19-001D.

01:21:49.300 --> 01:21:55.020
 I'll invite Haley Zygursky for a presentation and open the public hearing.

01:21:55.020 --> 01:22:04.980
 Good evening, Haley Zygursky, Senior Planner, and this will be a joint presentation between

01:22:04.980 --> 01:22:09.100
 myself and Christy Upton with our environmental services department.

01:22:09.100 --> 01:22:13.740
 The request before you is to hold the public hearing and consider making a recommendation

01:22:13.740 --> 01:22:19.460
 to the City Council regarding a request by Fisher 59 Properties LLC for an alternative

01:22:19.460 --> 01:22:21.660
 environmentally sensitive area plan.

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

01:22:25.940 --> 01:22:31.560
 West University, just west of Moss Branch Road.

01:22:31.560 --> 01:22:35.100
 If you recall, this item has been on your agenda several times before now.

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

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.

01:22:45.580 --> 01:22:47.780
 In that time, a few things have been cleared up.

01:22:47.780 --> 01:22:53.660
 They've received full approval through FEMA for their CLOMAR and they have also received

01:22:53.660 --> 01:22:58.060
 a waiver from TxDOT, so there's no longer additional detention required.

01:22:58.060 --> 01:23:04.620
 You may recall those were referenced in the original staff recommendations back in July.

01:23:04.620 --> 01:23:09.160
 The property is zoned employment center industrial, so the distribution center or warehouse use

01:23:09.160 --> 01:23:13.680
 that Fisher 59 has proposed is permitted on the property.

01:23:13.680 --> 01:23:19.980
 Back in 2009, a ESA field assessment was done of the two creeks that originally traversed

01:23:19.980 --> 01:23:21.100
 the property.

01:23:21.100 --> 01:23:26.700
 At that time, the conditions in place due to erosion and the existing crossing of one

01:23:26.700 --> 01:23:30.840
 of the streams under university led to both of the riparian buffer designations being

01:23:30.840 --> 01:23:33.340
 removed for those two streams.

01:23:33.340 --> 01:23:36.260
 They didn't meet the criteria at that time.

01:23:36.260 --> 01:23:42.600
 Subsequently, in 2013, a letter of map revision or LOMAR was done through FEMA that resulted

01:23:42.600 --> 01:23:45.180
 in the channelization of the western tributary.

01:23:45.180 --> 01:23:47.720
 That is not a part of our discussion here tonight.

01:23:47.720 --> 01:23:52.700
 All of the remaining floodplain on the property is surrounding that eastern channel.

01:23:52.700 --> 01:23:56.860
 Speaking of what has happened since then, in 2018, a preliminary plat was approved for

01:23:56.860 --> 01:23:58.980
 both lots.

01:23:58.980 --> 01:24:02.860
 The portion of the property outlined in blue is lot two.

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

01:24:07.080 --> 01:24:09.620
 is well under construction at this point in time.

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

01:24:13.980 --> 01:24:15.780
 western tributary.

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.

01:24:20.100 --> 01:24:24.700
 If this alternative ESA plan is approved, the applicant will be constructing a second

01:24:24.700 --> 01:24:26.300
 driveway for their site.

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

01:24:30.300 --> 01:24:33.620
 facility, it does require two points of access to meet the fire code.

01:24:33.620 --> 01:24:37.660
 So this would be that second point of access to their site off of Moss Branch.

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

01:24:41.980 --> 01:24:42.980
 ESA plan.

01:24:42.980 --> 01:24:43.980
 Thank you, Haley.

01:24:43.980 --> 01:24:53.700
 Christy Upton, Environmental Compliance Coordinator, and the first component I wanted to explain

01:24:53.700 --> 01:24:57.820
 to you is to continue on with the ESA field assessments.

01:24:57.820 --> 01:25:03.060
 There was another ESA field assessment conducted in 2018 that assessed the floodplain that

01:25:03.060 --> 01:25:09.060
 was associated with that stream on the eastern side of the two lots.

01:25:09.060 --> 01:25:14.860
 The floodplain was found to be predominantly in a natural state and it was designated as

01:25:14.860 --> 01:25:18.900
 undeveloped floodplain ESA.

01:25:18.900 --> 01:25:24.540
 As Haley explained, there is a proposed encroachment into that undeveloped floodplain, which would

01:25:24.540 --> 01:25:32.660
 be a deviation from the ESA protection requirements that are outlined in the DDC.

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

01:25:42.540 --> 01:25:45.540
 PMOP.

01:25:45.540 --> 01:25:50.420
 A little bit more detail on the encroachments.

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

01:26:01.100 --> 01:26:08.700
 exists and that fill will be located generally in the area where the drive approach will

01:26:08.700 --> 01:26:10.580
 be constructed.

01:26:10.580 --> 01:26:19.780
 To compensate for the fill of the floodplain, the applicant is proposing to remove or cut

01:26:19.780 --> 01:26:25.060
 away portions of the floodplain and that will allow for more valley storage, and that in

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

01:26:31.780 --> 01:26:37.580
 limits of the construction, both on the north side and the south side of the floodplain.

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

01:26:44.220 --> 01:26:49.180
 a little over a quarter of the acres of the existing floodplain that will be permanently

01:26:49.180 --> 01:26:53.700
 removed.

01:26:53.700 --> 01:27:03.300
 For that deviation from the DDC, the code allows for flexibility and discretionary processes

01:27:03.300 --> 01:27:13.680
 to create those deviations and there will be a mitigation for the activity that will

01:27:13.680 --> 01:27:20.020
 include creating and expanding or improving the habitat, improving the impacted environment,

01:27:20.020 --> 01:27:25.580
 maintaining habitat continuity, maximizing public access and utilization, and preserving

01:27:25.580 --> 01:27:34.420
 the protected area in perpetuity and creating a high quality development.

01:27:34.420 --> 01:27:40.580
 The first mitigation strategy that the applicant is proposing is to create a water quality

01:27:40.580 --> 01:27:42.580
 enhancement.

01:27:42.580 --> 01:27:46.100
 This will be through a bioretention basin.

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

01:27:51.540 --> 01:27:57.180
 the other in general right next to the floodplain.

01:27:57.180 --> 01:28:06.860
 These water quality features will treat the runoff before it reaches the floodplain.

01:28:06.860 --> 01:28:14.060
 The water quality enhancement, in order for the applicant to kind of create that apples

01:28:14.060 --> 01:28:22.020
 to apples comparison, they created a standard by analyzing the natural features and determining

01:28:22.020 --> 01:28:32.660
 the storage of the floodplain that is currently provided to capture and remove pollutants.

01:28:32.660 --> 01:28:36.780
 That would be reflected in this first column here.

01:28:36.780 --> 01:28:45.020
 By removing a portion, permanently removing that portion of the floodplain from, moving

01:28:45.020 --> 01:28:51.540
 a portion of the floodplain by constructing the driveway, the bioretention system will

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

01:28:57.940 --> 01:29:04.140
 than what is proposed to be removed.

01:29:04.140 --> 01:29:11.540
 The second mitigation strategy is to replace and enhance the habitat that currently exists

01:29:11.540 --> 01:29:14.580
 by constructing this drive approach.

01:29:14.580 --> 01:29:19.220
 They will be removing, or they will be cut through the cut and fill.

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

01:29:28.060 --> 01:29:33.060
 acres of that seeded native drain field mix.

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

01:29:39.340 --> 01:29:45.100
 three quarters of it in the area that is now going to be the new floodplain.

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

01:29:51.140 --> 01:29:55.140
 that will be added to the bioretention systems.

01:29:55.140 --> 01:30:01.560
 The long term habitat management and monitoring plan is to have a three year monitoring period

01:30:01.560 --> 01:30:05.380
 to ensure that the vegetation gets established.

01:30:05.380 --> 01:30:13.060
 During that time, the developer will be replacing any dead plant material, repair any erosion,

01:30:13.060 --> 01:30:20.180
 and remove any trash and create an annual report that will be submitted to environmental services

01:30:20.180 --> 01:30:22.260
 for the activities that occur during that year.

01:30:22.260 --> 01:30:27.420
 There will be a final acceptance period after three years which environmental services will

01:30:27.420 --> 01:30:35.540
 inspect for conformance with that plan and if found to be in compliance then issue a

01:30:35.540 --> 01:30:38.540
 final acceptance.

01:30:38.540 --> 01:30:44.340
 There is another long term management and monitoring plan that you can find in appendix

01:30:44.340 --> 01:30:52.420
 E of the ALTA ESA plan and that includes a routine inspection checklist and routine and

01:30:52.420 --> 01:31:00.180
 non-routine maintenance including trash and sediment removal and vegetation maintenance.

01:31:00.180 --> 01:31:06.660
 The recommendations that are found in your backup materials are listed here to hit the

01:31:06.660 --> 01:31:07.660
 highlights.

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

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

01:31:24.940 --> 01:31:33.300
 over six acres of land and construction of two bioretention systems with native vegetation

01:31:33.300 --> 01:31:36.260
 within those bioretention systems.

01:31:36.260 --> 01:31:41.460
 We have struck recommendation number four.

01:31:41.460 --> 01:31:46.860
 As Haley mentioned earlier because TechSat has waived the additional detention basing

01:31:46.860 --> 01:31:56.060
 requirements and then we are asking the applicant is asking for some flexibility to allow for

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

01:32:04.500 --> 01:32:09.420
 as the water quality component is not affected.

01:32:09.420 --> 01:32:20.260
 The following installation there will be the inspection and acceptance period.

01:32:20.260 --> 01:32:23.260
 Questions?

01:32:23.260 --> 01:32:24.260
 I do not see any.

01:32:24.260 --> 01:32:26.860
 Thanks for the presentation.

01:32:26.860 --> 01:32:28.260
 This is a public hearing.

01:32:28.260 --> 01:32:37.300
 Anyone wishing to speak on this item may certainly do so.

01:32:37.300 --> 01:32:42.060
 Seeing none, I will close the public hearing and turn the dais for discussion or motion.

01:32:42.060 --> 01:32:43.060
 Commissioner Smith.

01:32:43.060 --> 01:32:44.060
 Motion to approve.

01:32:44.060 --> 01:32:48.780
 We have a first for approval and just for clarification does that include all staff

01:32:48.780 --> 01:32:49.780
 recommendations?

01:32:49.780 --> 01:32:50.780
 Okay.

01:32:50.780 --> 01:32:51.780
 Seven strike four.

01:32:51.780 --> 01:32:52.780
 Commissioner Pernetta.

01:32:52.780 --> 01:32:53.780
 Second the motion.

01:32:53.780 --> 01:32:57.060
 We have a first and a second for approval.

01:32:57.060 --> 01:33:00.540
 Any discussion on the item?

01:33:00.540 --> 01:33:05.540
 Seeing none, I will call for a vote on the board.

01:33:05.540 --> 01:33:14.420
 Motion carries 6-0 with one recusal.

01:33:14.420 --> 01:33:19.700
 With that I invite Commissioner Cole back to the dais.

01:33:19.700 --> 01:33:20.700
 That concludes the public hearing.

01:33:20.700 --> 01:33:22.860
 Let's give them back in the agenda one page.

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

01:33:29.380 --> 01:33:30.380
 plan.

01:33:30.380 --> 01:33:31.380
 Thank you, Chair.

01:33:31.380 --> 01:33:32.380
 Good evening, commissioners.

01:33:32.380 --> 01:33:47.660
 I'm Roman McAllen, the historic preservation officer, and I have an item for you here.

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

01:33:54.020 --> 01:33:59.140
 to hold a public meeting and consider recommending to City Council regarding a resolution adopting

01:33:59.140 --> 01:34:04.540
 the vision, value statements, goals, policies, recommendations and the implementation matrix

01:34:04.540 --> 01:34:08.020
 as proposed in the Denton historic preservation plan.

01:34:08.020 --> 01:34:09.980
 A little bit about where we are today.

01:34:09.980 --> 01:34:15.540
 The current preservation plan for the City of Denton was adopted in 1985, and that plan

01:34:15.540 --> 01:34:21.460
 was the impetus for significant historic preservation efforts in Denton, and many of the objectives

01:34:21.460 --> 01:34:27.180
 of that plan were met, including local landmarks and the creation of districts and just the

01:34:27.180 --> 01:34:30.680
 operation within the City in general.

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

01:34:36.300 --> 01:34:42.900
 different problems in the late 1980s, and this paragraph kind of gets to that point.

01:34:42.900 --> 01:34:47.600
 It says that to the community, it, meaning historic preservation, offers the possibility

01:34:47.600 --> 01:34:53.500
 of reversing what is otherwise an inevitable downward spiral, the deterioration of the

01:34:53.500 --> 01:34:58.100
 built environment, without incentives to reverse the trend, buildings gradually decay, and

01:34:58.100 --> 01:35:04.500
 as they decay, their surroundings, their neighborhoods decay, businesses seek, seeking low overhead

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

01:35:10.140 --> 01:35:13.420
 owners or lessers.

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

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

01:35:21.740 --> 01:35:22.740
 the problem back then.

01:35:22.740 --> 01:35:27.460
 I won't credit the creation of historic districts and conservation districts and the Main Street

01:35:27.460 --> 01:35:33.700
 District to the dramatic turnaround that clearly has happened since the late '80s in Denton,

01:35:33.700 --> 01:35:36.220
 because downtown looks fully revitalized.

01:35:36.220 --> 01:35:43.980
 Those neighborhoods have almost no visible neglect, at least on the west side of town,

01:35:43.980 --> 01:35:46.880
 and so it was a different time.

01:35:46.880 --> 01:35:52.020
 Another page in the ordinance talks about what some of those challenges were.

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

01:35:58.820 --> 01:36:04.140
 so the City Council made a positive contribution when it allowed the voluntary back zoning

01:36:04.140 --> 01:36:09.020
 to single-family status at no cost to the applicants, and that was done throughout the

01:36:09.020 --> 01:36:13.020
 Oak Hickory area, where it is all now single-family.

01:36:13.020 --> 01:36:14.020
 Why did they do that?

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

01:36:18.820 --> 01:36:23.180
 this apartment, roof of an apartment building in that picture, when in fact there was an

01:36:23.180 --> 01:36:27.980
 old home there facing the street like all the other historic homes.

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

01:36:33.060 --> 01:36:37.940
 is an apartment building, and then this building in the back is actually a wraparound, that

01:36:37.940 --> 01:36:40.540
 old structure that was there.

01:36:40.540 --> 01:36:46.020
 So people were faced with some instability, and there were also perceived threats, and

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

01:36:52.660 --> 01:36:57.860
 this context, the Historic Landmark Commission would like to note its concern over the increase

01:36:57.860 --> 01:37:03.380
 in the proportion of Denton's commercial areas, which is passing to non-resident ownership.

01:37:03.380 --> 01:37:07.180
 Non-resident ownership always poses the danger that owners may choose to ignore the community's

01:37:07.180 --> 01:37:08.180
 best interests.

01:37:08.180 --> 01:37:12.500
 The problem is compounded today by a significant amount of properties being owned by citizens

01:37:12.500 --> 01:37:16.180
 of foreign nations, either directly or through nominees.

01:37:16.180 --> 01:37:21.260
 Those persons, Germans, Canadians, and others, may wish to be good citizens of Denton, but

01:37:21.260 --> 01:37:23.980
 it is difficult to inform them of community concerns."

01:37:23.980 --> 01:37:28.020
 So there were these perceived and maybe not perceived threats, but there were also the

01:37:28.020 --> 01:37:31.420
 real opportunities of preservation, which is summarized there at the end.

01:37:31.420 --> 01:37:37.060
 The residents of Denton's older areas welcomed a greater degree of stability than they have

01:37:37.060 --> 01:37:41.900
 enjoyed in recent years, and that's what preservation, conservation districts, historic districts,

01:37:41.900 --> 01:37:43.340
 and landmarks do.

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."

01:37:51.000 --> 01:37:52.740
 So that brings us to today.

01:37:52.740 --> 01:37:57.800
 The Lakota Group has been working with the city since 2018.

01:37:57.800 --> 01:38:00.700
 Back in about October of 2018, we got started.

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

01:38:05.940 --> 01:38:11.020
 that took place in meetings here within the city, including also at the end, there are

01:38:11.020 --> 01:38:14.820
 two online surveys with over 400 responses.

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

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

01:38:24.740 --> 01:38:27.980
 Zoning or the Landmark Commission.

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

01:38:33.900 --> 01:38:44.380
 Group will make to City Council next week, and that plan is presented here.

01:38:44.380 --> 01:38:46.000
 This is the summary.

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

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

01:38:57.780 --> 01:39:02.800
 districts on the National Register, there are 62 landmarks and three local districts.

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

01:39:09.860 --> 01:39:10.900
 current program.

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,

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

01:39:24.540 --> 01:39:28.900
 Street area, the 1996 survey of the whole city.

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

01:39:34.540 --> 01:39:40.580
 the Texas Historical Commission, which watches out for resources across the state.

01:39:40.580 --> 01:39:43.820
 So then they have the plan contents listed out.

01:39:43.820 --> 01:39:45.740
 They have done this in two phases.

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

01:39:49.500 --> 01:39:52.700
 information, and then they began to draft the plan.

01:39:52.700 --> 01:39:57.980
 As a basis for the plan, they turned to the United States Secretary of Interior Standards

01:39:57.980 --> 01:40:00.380
 for preservation planning.

01:40:00.380 --> 01:40:04.300
 The three standards are that you create, one, the context.

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

01:40:10.540 --> 01:40:15.440
 built resources matter, or for that matter, the landscape and any other archaeological

01:40:15.440 --> 01:40:16.620
 things matter.

01:40:16.620 --> 01:40:22.140
 So standard two is that you develop goals and priorities.

01:40:22.140 --> 01:40:25.220
 You identify resources, you evaluate them.

01:40:25.220 --> 01:40:28.060
 And then three is that you involve the public.

01:40:28.060 --> 01:40:30.060
 So there was a lot of community engagement.

01:40:30.060 --> 01:40:33.100
 They presented here some of it, two workshops.

01:40:33.100 --> 01:40:35.660
 We've actually probably had about five workshops.

01:40:35.660 --> 01:40:39.860
 We had stakeholder interviews with some members of this committee, Commissioner Rozell's office.

01:40:39.860 --> 01:40:44.700
 We had one with Alfred was one of the members that was there.

01:40:44.700 --> 01:40:49.260
 And so then we had the online surveys.

01:40:49.260 --> 01:40:53.900
 So the preservation plan is kind of inside of that document.

01:40:53.900 --> 01:40:59.440
 It has the executive summary, the introduction, the vision statement, the four goals statements,

01:40:59.440 --> 01:41:01.740
 and then 32 recommendations.

01:41:01.740 --> 01:41:08.120
 This is a summary of how Lakota sees what a plan encompasses, surveying, community development,

01:41:08.120 --> 01:41:10.020
 program administration, and outreach.

01:41:10.020 --> 01:41:13.580
 There's an information about survey and documentation.

01:41:13.580 --> 01:41:17.540
 You have a map in there which recommends future survey areas.

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

01:41:22.860 --> 01:41:30.900
 study the buildings in an area or the landscape.

01:41:30.900 --> 01:41:33.420
 From there, they can get the historic context.

01:41:33.420 --> 01:41:38.140
 So we have post-World War II development here, which includes styled ranch housing, mid-century

01:41:38.140 --> 01:41:39.300
 ranch housing.

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

01:41:43.580 --> 01:41:45.500
 in our city, which are very significant.

01:41:45.500 --> 01:41:52.140
 And later, they actually recommend that we pursue a state landmark for the remaining

01:41:52.140 --> 01:41:53.580
 resources.

01:41:53.580 --> 01:41:56.900
 And then they talk about there are remaining industrial buildings, like the Morrison Milling

01:41:56.900 --> 01:42:01.260
 Company and the African-American experience in Denton and historic signs.

01:42:01.260 --> 01:42:09.420
 They talk about incentives, program administration, which is how do we handle it as a city.

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.

01:42:13.180 --> 01:42:17.620
 Since very early on, our Main Street program is over 25 years old.

01:42:17.620 --> 01:42:23.940
 Being a historic preservation program officer is important because that's required by a

01:42:23.940 --> 01:42:26.660
 certified local government program that we're in.

01:42:26.660 --> 01:42:30.280
 So we've been always involved in it a long time and dedicated to it.

01:42:30.280 --> 01:42:32.140
 And then the education and outreach.

01:42:32.140 --> 01:42:36.700
 So within the plan that you have, there are two samples here of the goals.

01:42:36.700 --> 01:42:42.220
 Goal number one is the documentation, the inventory, and the preservation of resources.

01:42:42.220 --> 01:42:47.340
 So you see under recommendations different survey areas within the city and then an implementation

01:42:47.340 --> 01:42:54.260
 timeline and a priority scale as well as in who would be involved in those things.

01:42:54.260 --> 01:43:01.400
 Typically you're surveying would be really staff along with possibly a consultant because

01:43:01.400 --> 01:43:06.140
 you can ask every year, which you usually probably get every two years, for a grant

01:43:06.140 --> 01:43:09.820
 from the Texas Historic Commission to do this.

01:43:09.820 --> 01:43:14.080
 Then for example, talking about the benefits of community involvement.

01:43:14.080 --> 01:43:20.600
 And so we've got recommendations on better community involvement, upgrading our website.

01:43:20.600 --> 01:43:24.700
 Currently on our website, City of Denton Historic Preservation, you can find all of our historic

01:43:24.700 --> 01:43:30.460
 resource surveys and links to the application for a certificate of appropriateness and what's

01:43:30.460 --> 01:43:32.740
 needed there.

01:43:32.740 --> 01:43:38.220
 Then they just summarize the benefits of preservation, building rehabilitation, revitalization of

01:43:38.220 --> 01:43:41.540
 our downtown, which we don't have a challenge with.

01:43:41.540 --> 01:43:45.180
 Preserving neighborhoods, tourism, and of course sustainability, which is the number

01:43:45.180 --> 01:43:46.260
 one thing.

01:43:46.260 --> 01:43:50.580
 As we go forward in this country with preservation, the preservation movement being essentially

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

01:43:57.180 --> 01:44:03.140
 buildings that have been built have energy infused in them that it's better to repurpose

01:44:03.140 --> 01:44:07.580
 those buildings than it is to take them down and rebuild.

01:44:07.580 --> 01:44:13.660
 So with that, coming back, that's their plan.

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

01:44:19.380 --> 01:44:24.260
 Commission voted unanimously to ask you to recommend to city council that this plan be

01:44:24.260 --> 01:44:27.460
 approved with two conditions.

01:44:27.460 --> 01:44:30.260
 One of them related to the language around Quaker Town.

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

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

01:44:40.000 --> 01:44:44.220
 were being moved, that the buildings were a little shaky, and hence they thought that's

01:44:44.220 --> 01:44:45.780
 where the name Quaker Town came from.

01:44:45.780 --> 01:44:49.860
 It was a long shot from Akron in '86, so we're moving more.

01:44:49.860 --> 01:44:51.740
 We're getting better now as we go forward.

01:44:51.740 --> 01:44:54.720
 The Denton County Office of History and Culture has it.

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,

01:45:00.880 --> 01:45:09.580
 who helped slaves to escape on the Underground Railroad, and that is how they named it.

01:45:09.580 --> 01:45:15.180
 So what happened is we went to Landmark Commission, and one of our commissioners thought that

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

01:45:20.380 --> 01:45:26.980
 a paragraph that seemed to imply that people just decided to leave Quaker Town on their

01:45:26.980 --> 01:45:29.180
 own and moved.

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

01:45:32.720 --> 01:45:36.300
 to leave, which they were forced to leave, including that one person never left their

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

01:45:41.380 --> 01:45:43.220
 got out of the chair in her house.

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

01:45:46.900 --> 01:45:54.520
 recognized in the Civic Center, where there's a sculpture there on the wall about that.

01:45:54.520 --> 01:45:57.740
 So the language they're looking for there is that Denton's Quaker Town story includes

01:45:57.740 --> 01:46:04.140
 a forced relocation of the African American community to Solomon Hill and to other areas

01:46:04.140 --> 01:46:06.740
 of Denton's east and south sides.

01:46:06.740 --> 01:46:11.340
 While there is a Texas Historical Commission marker in the park that provides some information

01:46:11.340 --> 01:46:16.060
 about Quaker Town, additional research and survey work for this context would identify

01:46:16.060 --> 01:46:21.520
 properties, blocks, and areas of cultural significance worthy of preservation and protection.

01:46:21.520 --> 01:46:29.220
 The historic and cultural resource of Denton, Texas, 1882 to 1949 multiples property listing

01:46:29.220 --> 01:46:34.440
 identifies four original surviving Quaker Town homes that may be worthy of local designation

01:46:34.440 --> 01:46:35.780
 and protection.

01:46:35.780 --> 01:46:40.580
 That's one recommendation they have, and the second recommendation pertains to a desire

01:46:40.580 --> 01:46:49.100
 to see a stronger program related to an incentive for local property owners, historic property

01:46:49.100 --> 01:46:50.100
 owners.

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

01:46:55.020 --> 01:46:59.480
 property taxes in coordination with other applicable taxing authorities for locally

01:46:59.480 --> 01:47:06.740
 designated historic homes, and that can be found on page 44 and 74 of that document.

01:47:06.740 --> 01:47:11.500
 And so that's what they're recommending, and we recommend approval.

01:47:11.500 --> 01:47:15.240
 We recommend that the Planning and Zoning Commission recommend to City Council the adoption

01:47:15.240 --> 01:47:19.580
 of the proposed Denton Historic Preservation Plan with the vision, value, statements, goals,

01:47:19.580 --> 01:47:24.180
 recommendations, and the matrix, along with the two recommendations from the Historic

01:47:24.180 --> 01:47:27.500
 Landmark Commission for adoption, and I'll take any questions.

01:47:27.500 --> 01:47:29.900
 We do have one question for Commissioner Beck.

01:47:29.900 --> 01:47:30.900
 Thank you, Chair.

01:47:30.900 --> 01:47:31.900
 No questions for Roman.

01:47:31.900 --> 01:47:34.040
 Just a little praise, if I may.

01:47:34.040 --> 01:47:38.820
 From one public servant to another who no longer graces these walls this chamber after

01:47:38.820 --> 01:47:44.180
 tonight, I just want to commend Roman for his excellent job as Denton's Historic Preservation

01:47:44.180 --> 01:47:45.180
 Office.

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,

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

01:47:56.560 --> 01:47:58.220
 it's going to be missed.

01:47:58.220 --> 01:47:59.500
 Thank you.

01:47:59.500 --> 01:48:03.000
 Thank you, Commissioner Beck.

01:48:03.000 --> 01:48:08.420
 There are no other questions, so I appreciate the presentation.

01:48:08.420 --> 01:48:11.780
 This is an individual consideration, so at any time we can have discussion or a motion.

01:48:11.780 --> 01:48:12.780
 Commissioner Smith.

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,

01:48:18.300 --> 01:48:24.460
 have it say instead, "Recommend the exploration of partial or full exemption from City of

01:48:24.460 --> 01:48:29.060
 Denton property taxes," instead of saying, "Recommend a program for the partial or full

01:48:29.060 --> 01:48:30.060
 exemption."

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

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

01:48:40.340 --> 01:48:41.340
 do it.

01:48:41.340 --> 01:48:45.980
 We can have it memorialized in the plan for us to have that.

01:48:45.980 --> 01:48:49.420
 So to clarify the motion, Commissioner Smith, I think I understand you are recommending

01:48:49.420 --> 01:48:55.780
 approval of the verbiage with the one change to the additional goal recommended by HALC

01:48:55.780 --> 01:49:01.740
 to have it emphasize an exploration, not an implementation of a program as a stated goal.

01:49:01.740 --> 01:49:02.740
 Correct.

01:49:02.740 --> 01:49:03.740
 Okay.

01:49:03.740 --> 01:49:04.740
 Commissioner Burnetta.

01:49:04.740 --> 01:49:10.620
 I second with the amendment of the exploration of a program.

01:49:10.620 --> 01:49:11.620
 Perfect.

01:49:11.620 --> 01:49:15.340
 We have a first and a second, any discussion?

01:49:15.340 --> 01:49:17.620
 Yes, please.

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,

01:49:25.100 --> 01:49:31.100
 the other remaining recommendations of the HLC are also incorporated, including the change

01:49:31.100 --> 01:49:33.340
 suggested by Commissioner McAdams.

01:49:33.340 --> 01:49:34.340
 Yes.

01:49:34.340 --> 01:49:35.340
 Commissioner Burnetta.

01:49:35.340 --> 01:49:36.340
 Yes.

01:49:36.340 --> 01:49:41.420
 We have a first and a second, any discussion?

01:49:41.420 --> 01:49:52.180
 Seeing none, I will call for a vote on the board.

01:49:52.180 --> 01:49:56.460
 Motion carries 7-0.

01:49:56.460 --> 01:50:00.380
 Next item of business is our Planning and Zoning Commission matrix.

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.

01:50:09.020 --> 01:50:13.220
 I'll just be brief on the matrix this evening.

01:50:13.220 --> 01:50:18.860
 One item will be bringing back the staff analysis updates on October 2nd.

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

01:50:24.140 --> 01:50:27.020
 to House Bill 3167.

01:50:27.020 --> 01:50:31.020
 Early on we have platts as a consent item recommending approval.

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

01:50:34.700 --> 01:50:39.220
 agendas, one for approval, one for denial, and then if an applicant does want to speak

01:50:39.220 --> 01:50:40.220
 on behalf of an item.

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.

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

01:50:50.780 --> 01:50:55.020
 hearing tonight or subject to that 30-day rule.

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.

01:51:01.200 --> 01:51:07.940
 Last night they did adopt on second reading the zoning map, so that is approved now.

01:51:07.940 --> 01:51:10.420
 So we're just about there.

01:51:10.420 --> 01:51:12.660
 I think that was the last step.

01:51:12.660 --> 01:51:18.260
 The other fireside park, if you remember, there was a request to modify Council deferred

01:51:18.260 --> 01:51:23.900
 action on that item, so we are working through some concerns with that fence.

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.

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

01:51:35.380 --> 01:51:43.100
 be centered around the Hunter and Cole ranches, MPCs, as they will be moving forward.

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

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

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

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

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.

01:52:12.780 --> 01:52:20.040
 So that's scheduled for the 23rd.

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

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.

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

01:52:33.100 --> 01:52:38.120
 to not let that go years without getting that taken care of.

01:52:38.120 --> 01:52:45.420
 So just the status on where those properties are.

01:52:45.420 --> 01:52:47.180
 Is there any other items for the matrix?

01:52:47.180 --> 01:52:52.300
 Commissioner Beck, do you want to add any parting items for staff to look at?

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

01:53:01.340 --> 01:53:02.340
 done here.

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

01:53:06.740 --> 01:53:08.380
 with each and every one of you.

01:53:08.380 --> 01:53:10.460
 But Ronnie, we haven't got a chance to meet.

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.

01:53:17.140 --> 01:53:18.140
 We appreciate it.

01:53:18.140 --> 01:53:21.380
 Commissioner Beck, best of luck to the Board of Ethics or whatever your next endeavor is,

01:53:21.380 --> 01:53:26.180
 and I'll be looking forward to your articles in the DRC, I'm sure.

01:53:26.180 --> 01:53:30.260
 Any other items for the agenda this evening?

01:53:30.260 --> 01:53:33.540
 With that, I will close the public hearing at 719.

01:53:33.540 --> 01:53:33.780
 Thank you.