WEBVTT

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 Good evening, ladies and gentlemen, and welcome to the Planning and Zoning Commission Work

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 Session for Wednesday, January 22, 2020.

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 Seeing that we do have a quorum, I will open the meeting at 5.05.

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 Let the record show that Commissioner Smith is absent at the start of the meeting.

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 The first item of business is a work session report, and to receive a report and hold discussion

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 regarding city-initiated rezoning.

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 I'll invite Ron McGuida to present.

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 Thank you, Chair, members of the Commission.

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 This summary or presentation is really to bring you all up to date as to what is going

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 on with our city-initiated rezoning that we've started last year as part of the DEN plan,

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 I'm sorry, DEN code update.

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 We did two rounds of city-initiated rezoning following that the Council requested that

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 we have a work session to discuss the zoning changes, city-initiated rezoning due to the

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 fact that there were some property owners that had some concerns with some of the city-initiated

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 rezoning.

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 We brought to the City Council a presentation on November 19th of last year.

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 During the work session, we asked the Council three policy questions or considerations,

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 and these were the three considerations.

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 Should the city continue with city-initiated zonings only to address non-conforming uses

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 and structures, or two, should the city continue with city-initiated zoning changes addressing

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 non-conforming, and include properties in advance of future development or redevelopment?

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 And last, should the city just discontinue city-initiated rezonings as it relates to

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 property owners as far as the zoning of their properties, and let them come in with applications?

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 The City Council directed staff to go with number two, which is what we had hoped for

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 as a staff, wanted to continue our efforts with regards to city-initiated rezonings,

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 but they also provided some comments, considerations that we look to when we start to bring back

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 our next round, which will be our third city-initiated rezoning group.

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 In that, we involve the public as much as possible.

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 Where we would have public hearing notices, we would try to make sure that we meet with

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 them in advance, and this is not just the property owner, this is the residents within

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 200 feet, within 500 feet, so that we have a better understanding of what's being proposed

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 prior to the public hearings.

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 That we have property owner buy-in, that a lot of times, you know, we will suggest a

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 rezoning, and not all the property owners, but the majority of them wanted the zoning

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 change, but not all of them, we want to make sure that we have everyone that owns property

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 to be in with the proposed rezoning.

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 No downzoning, meaning that if the property is zoned, let's say a higher intense use,

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 such as an MR, going to an MN or something lower than that, we should try to avoid that

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 as much as possible.

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 Hold off on proposals when needed, so basically, make sure that if someone comes in and requests

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 a city-initiated rezoning, we should review that on a case-by-case, and not just automatically

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 put that as part of our city-initiated rezoning, so really just fully vet it through with staff

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 and with the general public.

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 And lastly, to not disincentivize the zoning change request, meaning that there are property

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 owners that still should proceed with their rezoning requests, and that shouldn't just

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 fall back on the city to do the rezoning ourselves.

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 So in essence, the council directs the staff to proceed with city-initiated rezoning with

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 the understanding that we fully vet those changes, those proposed zoning changes, and

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 also still continue to promote other ways of getting the zoning, be it by the property

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 owner as an example.

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 That's it.

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 Basically, we got our direction that we were hoping for, and we have put a list, we've

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 had a list, we're working on that list, we are continuing to meet with property owners,

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 with residents within a certain radius of those properties, and we hope to bring forward

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 a third round of city-initiated rezoning soon.

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 We don't have an exact date specific, but with all of the other stuff that we're working

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 on, it will probably be closer to late spring or maybe early summer as far as the third

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 round.

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 Commissioner Ellis.

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 Ron, are you focusing on a certain area for this next round?

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 No, we - let me see if I have the - it's hard to see, I apologize.

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 It's pretty much everywhere in the city.

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 We are looking at properties, again, using the criteria that we've used in the past.

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 So the answer to that question, no, it's not in one particular area.

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 We focused on corridors along I-35 for the first one, and then 380 in the loop on the

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 second one.

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 This one is probably going to focus more on the inner core of the city.

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 You can see that there are some still outside.

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 That stuff that we didn't consider the last time, but we still have on our list, so those

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 will still carry forward as part of the next group.

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 And then what happened with those properties that got pulled out of a city-initiated zoning?

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 There were a handful of properties, I know, that would kind of -

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 Right.

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 Postponed.

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 Where are those?

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 Those will be part of phase three.

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 That you're bringing them back?

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 Yeah, it's hard to see.

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 This is the one off of Lillian Miller in I-35.

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 There was one up here, exactly.

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 So they're still on the list.

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 They're still on our radar.

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 When we bring them forward, we'll reevaluate them a little bit based on council's direction,

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 and again, we hope to bring some city-initiated rezoning in the near future.

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 Commissioner Beck.

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 Thank you.

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 So for the ones that got delayed, were they delayed for particular reasons, or...?

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 There were some questions, and working with the property owner, they asked that they be

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 postponed or be carried forward, so it wasn't necessarily a specific reason, per se.

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 I know the one to the Lillian Miller, there were some public comments, and we wanted to

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 make sure that we addressed those before we brought those forward.

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 Okay, thank you.

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 Any other questions for Ron?

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 Thank you very much, Ron.

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 I wouldn't go far.

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 Locked those out.

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 No, no, I think you're good for the consent, but you're going to be back for the rest of

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 the evening.

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 Yes.

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 So the next item for business will be, if there's any changes to the minutes, we have the consideration

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 of January 8th minutes to look at, then we'll dive into our agenda.

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 Just wanted to update the record to show that Commissioner Smith is in attendance with us,

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 so welcome Commissioner Smith.

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 The next items are the consent.

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 We have three items, A, B, and C. Is there any question on item 3A that we want to have

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 Haley dive further into?

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 Item 3B.

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 Can we have Cindy Jackson, is she here?

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 Oh, there she is.

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 Can we have you present on 3B?

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 I think we have some questions for this item.

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 Okay.

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 This is a plat for Glenwood Meadows and it contains 102 residential lots and four open

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 space lots.

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 There is a gas well currently located here and this is designated for open space.

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 And the remainder of the plat is right here.

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 There is a plug with gas well that is on this site right here.

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 I've had some questions regarding the side of the plug gas well, whether or not we can

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 permit houses to be put on that.

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 We advise the applicant that it should be designated as open space, but we can't require

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 it because we don't have that requirement in our code.

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 Any questions for Cindy, Commissioner Beck?

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 I got a bunch of questions, so I'm going to cover them a little bit at a time.

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 Sure.

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 So if you blow up that plat a little bit, those closest homes are 250 and 300 feet.

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 That's like the fire code distance and we're, for what, 15 months now have been dabbling.

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 I know we are not allowed to vote on something that doesn't exist, but it clearly is in our

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 mindset to increase the setback distances.

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 Yes, and that 1,000 foot setback is right here.

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 It is clearly shown that this is now the 1,000 foot setback and this plat came in before that

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 requirement was in place.

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 So what we did is we've got it marked on the plat so that people who are interested in purchasing

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 the homes, they can look at the plat and they can see that it is within that 1,000 foot

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 area that will be non-conforming.

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 We were talking 500 feet, as I recall, but I admit, I know that doesn't exist right now,

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 so I'm being a little careful.

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 Yeah, I know you might be able to.

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 But then also, there had been ongoing discussions about just as you led off with the capped

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 gas wells, a building on top of them.

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 So I guess I'm a little concerned.

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 Let's let Haley hop in, maybe she'll have some clarity, and then we'll continue the

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 questions.

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 Yeah, I just wanted to clarify.

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 The 1,000 foot radius shown on there is the notification requirement in the code.

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 That is a requirement that on a plat in your HOA documents, in every form of notification

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 that we can require, that the homeowners be notified they're within 1,000 feet of a gas

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 well, that that well could be refracted, re-stimulated, or expanded in the future.

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 So that is not an actual setback distance.

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 It's just a notification requirement that this plat reflects.

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 There is shown down here, as you reference, Commissioner Beck, the 250 foot setback is

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 shown here with the inner dashed line.

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 No lots are encroaching upon that 250, which is the requirement of the code.

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 This outer radius is the 300 foot fire code requirement.

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 So no structure could be built within that 300 foot radius in terms of protected uses.

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 Do we know for the capped one if gas is flowing underneath that hole?

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 That's not something we would know.

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 The well has been plugged in accordance with Railroad Commission requirements to the depth

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 required.

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 Our code doesn't speak to any requirements for plugged wells, however.

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 I know it's -- for my interest in this issue, I know that's a tricky issue that -- I mean,

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 there's -- we're not under -- I understand.

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 So I don't want Cynthia to come screaming over the table at me right now.

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 So I mean, I guess I have a couple other questions about -- for whoever.

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 I mean, looking at the map, there looked like there was drainage wetlands in the northeast

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 corner.

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 I mean, not just the creek bed, but additional wet regions.

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 And I know that said we did a report for the ESA wetlands area, but it looks like we're

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 building homes right on top of it, or am I misseeing that?

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 This whole area has been designated as ESA, and it's open space.

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 There are no homes encroaching on this area.

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 You can see the limits of the ESA floodplain and drainage easement is right here.

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 And the homes back up to it, but they don't build on it.

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 And, I mean, do we know -- that's the 100-year floodplain?

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 Is that -- am I reading that correctly for the boundary?

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 Okay.

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 And we're going to tear all of the trees in that same area, too?

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 I mean, I'm assuming it's under the, whatever, 20% old guidelines?

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 It is.

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 I mean, this is just hitting thing after thing after thing, and I know they're under the

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 old guidelines.

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 But we've moved on since 2002, and this isn't really a Cindy question, it's -- you know,

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 we're -- I understand the idea of vesting in old things, but we're just hitting bullet

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 after bullet after bullet after bullet on this property where we are cramming everything

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 on top of each other and tearing everything out against current ordinances and against

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 -- I'm not at all comfortable with voting for this.

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 So if this is going to go forward, I'd like it to be put to an individual vote.

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 We actually have a -- a lot of -- we're dealing with a lot of applications right now that

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 have come in under the 2002 code, and they had that time period up until the code was

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 approved October 1st, where they could determine whether or not they wanted to go under the

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 old code or the new code.

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 So this one is old code.

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 We will work our way through these eventually, but right now, we're working on both codes.

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 I guess this -- I sort of asked this question several months ago when we had this issue

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 come back up with the gas well, and I'll let -- Cynthia, please direct me how -- where we

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 should respond to that, but it feels like we are setting ourselves up to create non-conforming

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 if the ordinances go the way many people anticipate that they will be going, that the entire subdivision

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 will be non-conforming except for maybe the southeast corner.

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 And that feels like we shouldn't do things like that.

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 That's -- it feels like it's creating problems for our development office and the city.

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 So you can answer that, however you want to answer that, I guess.

00:16:04.180 --> 00:16:08.620
 Commissioner Mack, if your question is related to the gas well ordinance --

00:16:08.620 --> 00:16:09.620
 Yes, ma'am.

00:16:09.620 --> 00:16:22.180
 -- as I've stated before, it's not on the agenda this evening for consideration.

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 So we can't discuss issues with this matter because that item isn't on the agenda?

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 I think more to the -- maybe more to the point is we're thinking about a hypothetical impacting

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 something that's -- that's before us tonight, because what happens to a ordinance whenever

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 it gets voted on to the future, that is just a hypothetical.

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 I understand, and I guess I'm not fighting that per se, and that kind of led each one

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 of my little paragraph statements with I understand where we sit.

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 But we're asked to make a reasonable, you know, assessment of how these things play

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 out, and you know, I'm not necessarily just going to divorce all knowledge out of my head

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 in this role.

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 Yeah, I'm not comfortable with this property at all, considering all these items.

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 I would at least ask that it be pulled out of consent.

00:17:24.460 --> 00:17:25.460
 We certainly do that.

00:17:25.460 --> 00:17:29.220
 It might be helpful, Richard, if you could help me out here.

00:17:29.220 --> 00:17:32.980
 The preliminary and plaths and final plaths are an administrative process that we have

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 as a body.

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 It's not a recommending process.

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 And with that, obviously, anyone can vote any way, but if it meets technical requirements...

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 It essentially needs to be approved, or I mean, it's almost a ministerial function.

00:17:49.340 --> 00:17:56.860
 I think this last House bill gives the ability for P&Z to deny a plath, but there would need

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 to be findings associated with that, so you would need to make a finding that would go

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 against the technical review of, say, the city engineer or the traffic engineer and make

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 your own finding associated with those criteria that are included in the backup.

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 That's not a...

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 Is that a requirement for a no vote?

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 Is a citation of where it doesn't meet technical requirements, or do we have the autonomy to

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 vote no out of conscience on plaths?

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 Incident can back me up, but it needs to be tied to the letter of the law, if you will.

00:18:37.740 --> 00:18:38.740
 Okay.

00:18:38.740 --> 00:18:42.980
 Commissioner Begg, I would just ask at public hearing if you just remind me if you want

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 that pulled...

00:18:43.980 --> 00:18:48.820
 I think I'm gonna request that we still vote individually, even if the vote is on technical

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 merits and even if we vote the way we would likely vote on the consent other items.

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 I just kind of want an actual record of that event, if we could, please.

00:18:59.420 --> 00:19:00.420
 Will do.

00:19:00.420 --> 00:19:01.420
 Thank you, Mr. Smith.

00:19:01.420 --> 00:19:02.420
 Thank you, Chair.

00:19:02.420 --> 00:19:08.940
 So on those plug gas wells, it's usually encouraged to make that open space, but it's not city

00:19:08.940 --> 00:19:09.940
 code to make it open space?

00:19:09.940 --> 00:19:10.940
 That's right.

00:19:10.940 --> 00:19:11.940
 Okay.

00:19:11.940 --> 00:19:12.940
 I just wanted to make sure it wasn't...

00:19:12.940 --> 00:19:13.940
 Yeah.

00:19:13.940 --> 00:19:14.940
 And they were encouraged.

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 I just wanted to make clarification of it.

00:19:15.940 --> 00:19:16.940
 Thanks.

00:19:16.940 --> 00:19:17.940
 Dr. Shirellis.

00:19:17.940 --> 00:19:18.940
 Thank you, Chair.

00:19:18.940 --> 00:19:24.140
 I think you might have just answered it with regard to that lot nine, block A. So you encouraged

00:19:24.140 --> 00:19:25.140
 it.

00:19:25.140 --> 00:19:26.980
 I noticed it's not designated open space, so...

00:19:26.980 --> 00:19:27.980
 No.

00:19:27.980 --> 00:19:28.980
 Their response was no?

00:19:28.980 --> 00:19:29.980
 Yes.

00:19:29.980 --> 00:19:30.980
 All right.

00:19:30.980 --> 00:19:31.980
 Thanks.

00:19:31.980 --> 00:19:36.380
 Until we have something in the gas well ordinance that addresses this, we really can't force

00:19:36.380 --> 00:19:40.460
 the issue on the applicant.

00:19:40.460 --> 00:19:42.180
 Any other questions for Sundee?

00:19:42.180 --> 00:19:43.180
 Great.

00:19:43.180 --> 00:19:44.900
 Thank you very much, Sundee.

00:19:44.900 --> 00:19:45.900
 Sure.

00:19:45.900 --> 00:19:46.900
 Next item is 3C.

00:19:46.900 --> 00:19:49.720
 Does anyone have any questions on this item for Julie?

00:19:49.720 --> 00:19:50.720
 We do.

00:19:50.720 --> 00:20:00.260
 Next item is on by Julie Upp.

00:20:00.260 --> 00:20:06.300
 Good evening.

00:20:06.300 --> 00:20:08.420
 The final plat for Sherman Crossing.

00:20:08.420 --> 00:20:09.420
 This might look familiar.

00:20:09.420 --> 00:20:11.500
 You saw the preliminary plat not too long ago.

00:20:11.500 --> 00:20:17.660
 It is a single-family residential subdivision, and I'll stand for any questions.

00:20:17.660 --> 00:20:18.660
 Commissioner Ellis.

00:20:18.660 --> 00:20:19.660
 Thank you, Chair.

00:20:19.660 --> 00:20:23.100
 I noticed that the recommendation is the tree mitigation.

00:20:23.100 --> 00:20:27.740
 So with an approval of this, is that recommendation automatically being part of this?

00:20:27.740 --> 00:20:29.740
 Yes, ma'am.

00:20:29.740 --> 00:20:30.740
 Okay.

00:20:30.740 --> 00:20:31.740
 Any other questions?

00:20:31.740 --> 00:20:32.740
 Great.

00:20:32.740 --> 00:20:33.740
 Thank you.

00:20:33.740 --> 00:20:34.740
 Thank you.

00:20:34.740 --> 00:20:35.740
 That concludes our consent agenda.

00:20:35.740 --> 00:20:36.740
 We'll move into public hearings.

00:20:36.740 --> 00:20:44.180
 Item 4A is asking for a postponement, and so we will not hear presentation for 4A in chambers.

00:20:44.180 --> 00:20:45.180
 We will...

00:20:45.180 --> 00:20:46.180
 Go ahead.

00:20:46.180 --> 00:20:47.180
 Michelle Ellis.

00:20:47.180 --> 00:20:48.180
 Thank you.

00:20:48.180 --> 00:20:49.180
 Postponement.

00:20:49.180 --> 00:20:50.180
 Yes, February 5th.

00:20:50.180 --> 00:20:51.180
 Thanks.

00:20:51.180 --> 00:20:52.180
 Yeah.

00:20:52.180 --> 00:20:53.180
 So we will open...

00:20:53.180 --> 00:20:58.980
 I will open public hearing and ask for a postponement to date certain at February 5th.

00:20:58.980 --> 00:21:07.660
 Next item is 4B, and this is presented by Ron on a code amendment.

00:21:07.660 --> 00:21:14.700
 Presentation real quick.

00:21:14.700 --> 00:21:16.260
 Are these three separate ones?

00:21:16.260 --> 00:21:17.260
 They are.

00:21:17.260 --> 00:21:18.260
 Okay.

00:21:18.260 --> 00:21:24.060
 Thank you for your consideration and votes.

00:21:24.060 --> 00:21:29.340
 Chair members of the commission, this is one of three code amendments that we will be considering...

00:21:29.340 --> 00:21:31.380
 You all will be considering this evening.

00:21:31.380 --> 00:21:36.940
 The first one is a code amendment, a city-initiated code amendment regarding low-impact manufacturing

00:21:36.940 --> 00:21:39.280
 use.

00:21:39.280 --> 00:21:44.260
 As you all know, back in April, we adopted the Dunn Code Update.

00:21:44.260 --> 00:21:51.540
 As part of that effort, there was a lot of work towards the use-specific uses, as well

00:21:51.540 --> 00:21:54.340
 as creating some use-specific standards.

00:21:54.340 --> 00:22:03.500
 Some of the uses were consolidated, some were introduced as new uses, as well as some were

00:22:03.500 --> 00:22:06.940
 just renamed from one use to another.

00:22:06.940 --> 00:22:10.940
 The low-impact manufacturing was one of those uses that was renamed.

00:22:10.940 --> 00:22:16.180
 It was previously light manufacturing, and it is now low-impact manufacturing, and there

00:22:16.180 --> 00:22:21.260
 is a definition that was included as part of the Dunn Code Update.

00:22:21.260 --> 00:22:27.200
 That definition that you see here is defined in sub-chapter 9 of the DDC, and I'll just

00:22:27.200 --> 00:22:28.940
 read it for the record.

00:22:28.940 --> 00:22:34.980
 Low-impact manufacturing is defined as an industrial operations relying on the assembly,

00:22:34.980 --> 00:22:40.020
 distributing, fabricating, manufacturing, packaging, processing, recycling, repairing,

00:22:40.020 --> 00:22:46.820
 servicing, storing, and wholesaling of goods or products using parts previously developed

00:22:46.820 --> 00:22:48.580
 from raw material.

00:22:48.580 --> 00:22:53.860
 Low-impact manufacturing uses include only those uses that will not create noise, smoke,

00:22:53.860 --> 00:23:02.180
 fumes, odors, glare, or health or safety hazards outside of the building where such assembly,

00:23:02.180 --> 00:23:05.140
 fabrication, or processing takes place.

00:23:05.140 --> 00:23:13.340
 A very low-impact, mainly assembly-type uses under this type of use.

00:23:13.340 --> 00:23:20.260
 The way it is permitted in the DDC currently, it is permitted in the MD with a specific

00:23:20.260 --> 00:23:29.220
 use permit, and that is permitted in the MR, SC, HC, GO, LI, and HI with a use-specific

00:23:29.220 --> 00:23:34.900
 standard, and that use-specific standard is 536E, and that is the subject that we will

00:23:34.900 --> 00:23:38.780
 be discussing as part of this Code Amendment.

00:23:38.780 --> 00:23:46.580
 So 536E, the city-initiated amendment, Code Amendment, is really to correct what's there

00:23:46.580 --> 00:23:47.580
 today.

00:23:47.580 --> 00:23:54.740
 Currently, the section states that distribution, warehousing, or wholesaling activities are

00:23:54.740 --> 00:24:00.900
 prohibited, but by the definition that I read earlier, it says that is part of their activity.

00:24:00.900 --> 00:24:05.940
 So I'm not really sure why that was included, and that is why we're here today just to correct

00:24:05.940 --> 00:24:09.260
 that use-specific standard.

00:24:09.260 --> 00:24:15.620
 The second part of the use-specific standard is related to the maximum square feet of gross

00:24:15.620 --> 00:24:18.020
 flow area per lot.

00:24:18.020 --> 00:24:24.420
 The maximum that is specified for low-impact manufacturing is 5,000 square feet, and if

00:24:24.420 --> 00:24:29.180
 you know low-impact manufacturing and the type of uses that are allowed under that,

00:24:29.180 --> 00:24:31.820
 5,000 really is not much.

00:24:31.820 --> 00:24:38.340
 In fact, there are a number of businesses today that are now non-conforming because of that

00:24:38.340 --> 00:24:44.240
 limitation in the square footage of, again, a maximum of 5,000 square feet.

00:24:44.240 --> 00:24:49.080
 What staff is proposing, as you see here in this strikethrough and underline, is we're

00:24:49.080 --> 00:24:55.220
 getting rid of that first use-specific standard, and that distribution, warehousing, and wholesaling

00:24:55.220 --> 00:24:56.980
 activities are prohibited.

00:24:56.980 --> 00:25:00.340
 We would like to see that be part of low-impact manufacturing.

00:25:00.340 --> 00:25:03.260
 Again, it is part of their activity.

00:25:03.260 --> 00:25:12.140
 The MD would have a maximum 10,000 square feet, and MD is the area around the downtown

00:25:12.140 --> 00:25:13.140
 primarily.

00:25:13.140 --> 00:25:14.140
 -Tricia Ellis.

00:25:14.140 --> 00:25:15.140
 -Thank you, Chair.

00:25:15.140 --> 00:25:19.620
 So, Ron, with regard to the MD, you are removing the SUP.

00:25:19.620 --> 00:25:21.900
 -No, we still have the SUP.

00:25:21.900 --> 00:25:24.420
 -You're leaving it in there?

00:25:24.420 --> 00:25:25.420
 -That's still in there.

00:25:25.420 --> 00:25:26.420
 That's not changing.

00:25:26.420 --> 00:25:32.340
 -The 10,000 is just an added use-specific standard that they will still have to comply

00:25:32.340 --> 00:25:36.940
 with even with a specific use permit.

00:25:36.940 --> 00:25:46.900
 Under the MRSC and HC, which are the next three lineup of zoning districts that permit

00:25:46.900 --> 00:25:53.140
 low-impact manufacturing by right, they can go up to 10,000 square feet.

00:25:53.140 --> 00:25:58.620
 However, if they choose to exceed 10,000, they have the option to get that through a

00:25:58.620 --> 00:26:00.260
 specific use permit.

00:26:00.260 --> 00:26:05.980
 So you can see there's a tier as far as square footage based on the zoning district as we

00:26:05.980 --> 00:26:09.380
 move further to the more intense.

00:26:09.380 --> 00:26:17.980
 The remaining zoning districts, the GO, LI, and HI, have a use-specific standard.

00:26:17.980 --> 00:26:23.220
 All that is required for those zoning districts is that all activities shall occur entirely

00:26:23.220 --> 00:26:25.300
 within an enclosed structure.

00:26:25.300 --> 00:26:28.060
 They don't have any maximum square footage.

00:26:28.060 --> 00:26:32.900
 All that is required of them is that they be within an enclosed structure.

00:26:32.900 --> 00:26:36.980
 And that is the basis of the code amendment.

00:26:36.980 --> 00:26:37.980
 -Commissioner Smith.

00:26:37.980 --> 00:26:38.980
 -Thank you, Chair.

00:26:38.980 --> 00:26:45.620
 Ron, have we turned down or lost anybody who's trying to apply for a rezoning because the

00:26:45.620 --> 00:26:46.620
 code was wrong?

00:26:46.620 --> 00:26:48.820
 There was a small window there, it just didn't open.

00:26:48.820 --> 00:26:49.820
 -Yeah, we have it.

00:26:49.820 --> 00:26:50.820
 Luckily, we haven't.

00:26:50.820 --> 00:26:51.820
 I don't think we have.

00:26:51.820 --> 00:26:56.780
 I know that we've had a lot of people call in that have existing facilities that are

00:26:56.780 --> 00:26:59.980
 now not conforming, and so they asked that, right?

00:26:59.980 --> 00:27:05.140
 So this is why we're bringing this forward as we have gone through a number of development

00:27:05.140 --> 00:27:06.140
 review processes.

00:27:06.140 --> 00:27:08.580
 -Just wanted to make sure we didn't lose any new people we were looking at.

00:27:08.580 --> 00:27:09.580
 -Not to my understanding.

00:27:09.580 --> 00:27:14.580
 I believe that most of the ones that have this issue is mainly non-conforming.

00:27:14.580 --> 00:27:15.580
 -Awesome.

00:27:15.580 --> 00:27:16.580
 Thanks.

00:27:16.580 --> 00:27:23.540
 Just a follow-on from Commissioner Smith's question, do we have a feel for how many non-conforming

00:27:23.540 --> 00:27:25.020
 businesses we have right now?

00:27:25.020 --> 00:27:27.660
 -I did not do an inventory, but I can tell you...

00:27:27.660 --> 00:27:28.660
 -It's crudely.

00:27:28.660 --> 00:27:33.620
 -I tell you, most of the areas along Loop 288 in the Mayhill area, there's a number

00:27:33.620 --> 00:27:39.180
 of LI zoning districts there where there's existing Labanol, I believe, Labanol's in

00:27:39.180 --> 00:27:40.180
 that area.

00:27:40.180 --> 00:27:48.140
 There are some other larger square footage facilities that no longer comply with the

00:27:48.140 --> 00:27:49.140
 use-specific standard.

00:27:49.140 --> 00:27:50.140
 -Thank you.

00:27:50.140 --> 00:27:56.380
 -Do they, Ron, individuals that meet the second criteria, let's say, of 25,000 square feet

00:27:56.380 --> 00:28:03.540
 in HC, do they need to come back for an SUP, or how is that non-conform...

00:28:03.540 --> 00:28:06.500
 Are they considered non-conformed if they don't have an SUP, but they do fall within

00:28:06.500 --> 00:28:07.500
 an ability?

00:28:07.500 --> 00:28:17.180
 -If they don't meet, they would be non-conforming, and if they choose to expand or whatnot, then

00:28:17.180 --> 00:28:19.340
 they would have to get in a specific use-perm.

00:28:19.340 --> 00:28:23.500
 They couldn't expand because they're non-conforming, but if they choose to, they would be able

00:28:23.500 --> 00:28:25.620
 to under this standard.

00:28:25.620 --> 00:28:30.500
 -They would be non-conforming, but nothing would happen until they took action or a rebuild

00:28:30.500 --> 00:28:31.500
 or an expansion.

00:28:31.500 --> 00:28:32.500
 -Correct.

00:28:32.500 --> 00:28:33.500
 Yeah.

00:28:33.500 --> 00:28:34.500
 -They would come back.

00:28:34.500 --> 00:28:35.500
 Okay.

00:28:35.500 --> 00:28:37.500
 Any questions on this item?

00:28:37.500 --> 00:28:38.500
 Great.

00:28:38.500 --> 00:28:40.380
 Next item of business is 4C.

00:28:40.380 --> 00:28:47.780
 This is also Ron with the development code.

00:28:47.780 --> 00:28:50.780
 -Okay.

00:28:50.780 --> 00:28:54.580
 Okay.

00:28:54.580 --> 00:28:57.380
 This is the second code amendment that we'll bring forward.

00:28:57.380 --> 00:28:59.420
 It's the city-initiated code amendment.

00:28:59.420 --> 00:29:05.460
 This is related to the administrative criteria manual and some of the other criteria manuals

00:29:05.460 --> 00:29:08.660
 that we have currently in place.

00:29:08.660 --> 00:29:14.940
 Part of the effort that we are working with staff internally is to develop and improve

00:29:14.940 --> 00:29:21.540
 our development review process, and one way of doing that is to create offshore efficiency.

00:29:21.540 --> 00:29:27.020
 What we've done is identified a development handbook where it is one document where all

00:29:27.020 --> 00:29:32.860
 of the following information will be available for the development community.

00:29:32.860 --> 00:29:40.020
 The development handbook will have and contain within itself will be flow charts, submittal

00:29:40.020 --> 00:29:45.660
 schedules, application forms, checklists, calendars, and other development review documents

00:29:45.660 --> 00:29:50.660
 that are typical that you normally see during the development review process.

00:29:50.660 --> 00:29:56.140
 What we found is that what is the administrative criteria manual, which I presented to you

00:29:56.140 --> 00:30:02.420
 all back last year, a lot of the information would be included there.

00:30:02.420 --> 00:30:07.460
 There is also an application criteria manual that's referenced in the DDC, but really

00:30:07.460 --> 00:30:10.380
 it's the same document that we're talking about.

00:30:10.380 --> 00:30:12.940
 The site design criteria manual, similar.

00:30:12.940 --> 00:30:18.640
 It has a lot of the requirements that is needed for the development review process.

00:30:18.640 --> 00:30:23.120
 We feel that that is something that can be contained or consolidated within a development

00:30:23.120 --> 00:30:24.460
 handbook.

00:30:24.460 --> 00:30:30.020
 The construction criteria manual, as we began to look at the construction criteria manual,

00:30:30.020 --> 00:30:35.220
 we found that a lot of what is stated in the construction criteria manual can also be included

00:30:35.220 --> 00:30:38.140
 and consolidated into the development handbook.

00:30:38.140 --> 00:30:45.140
 Lastly, the ESA criteria manual that you all heard from our water protection team, it also

00:30:45.140 --> 00:30:51.220
 has certain information and other requirements that are related to development that again

00:30:51.220 --> 00:30:56.020
 would benefit in being part of a development handbook.

00:30:56.020 --> 00:31:02.300
 With that, we are proposing as far as code amendment that all of these references that

00:31:02.300 --> 00:31:08.980
 are listed here be referenced in the then development code as a development handbook.

00:31:08.980 --> 00:31:14.200
 Now everyone that sees that will be directed to one document, and that is the intent to

00:31:14.200 --> 00:31:19.540
 create again an efficient way, a more easier way of understanding our development review

00:31:19.540 --> 00:31:21.380
 process.

00:31:21.380 --> 00:31:26.620
 That is again what is being proposed, are these references that are listed here that

00:31:26.620 --> 00:31:33.460
 they will be renamed as part of this code amendment to development handbook.

00:31:33.460 --> 00:31:39.260
 There are a few sections where they are referenced, obviously the admin criteria manual, construction

00:31:39.260 --> 00:31:45.220
 criteria manual, and ESA criteria manual will no longer exist, so then they will no longer

00:31:45.220 --> 00:31:50.440
 be included or added or left on this list, so that's why you see a strikethrough for

00:31:50.440 --> 00:31:52.300
 those three there.

00:31:52.300 --> 00:31:58.260
 And then just to summarize, throughout the code, administrative criteria manual is mentioned

00:31:58.260 --> 00:32:03.740
 22 times, the application criteria manual five times, the site design criteria manual

00:32:03.740 --> 00:32:10.660
 is referenced 13, construction once, and then ESA is referenced four times in the DDC.

00:32:10.660 --> 00:32:15.740
 And all of these references, again if this code amendment were to be passed, will now

00:32:15.740 --> 00:32:21.180
 be referenced in the DDC as the development handbook.

00:32:21.180 --> 00:32:24.620
 Concludes my presentation, I'll be happy to answer any questions.

00:32:24.620 --> 00:32:25.620
 Commissioner Beck.

00:32:25.620 --> 00:32:28.060
 So thank you, Chair.

00:32:28.060 --> 00:32:31.900
 So it feels like an efficiency to me as well, and it feels like something that we should

00:32:31.900 --> 00:32:37.980
 do, but I have some questions about like unintended consequences that I'm trying to work through

00:32:37.980 --> 00:32:42.580
 in my head, and that is if we group these books together, going forward in the future

00:32:42.580 --> 00:32:49.300
 we would just, for modifications, we would just take one vote on that consolidated item?

00:32:49.300 --> 00:32:53.020
 Because right now we take like 12 different votes for every criterion manual.

00:32:53.020 --> 00:32:55.740
 Right, it would be one document in any amendment manual.

00:32:55.740 --> 00:33:01.340
 This is a handbook, and that is something that is going to be administered administratively

00:33:01.340 --> 00:33:07.380
 by staff, and so any changes to that would be done internally by staff.

00:33:07.380 --> 00:33:12.100
 So there would be no vote, I guess, I don't know if that is your question.

00:33:12.100 --> 00:33:16.180
 It wasn't, but it's informative, so I appreciate it.

00:33:16.180 --> 00:33:23.660
 So we feel that the content of the development handbook is again administrative, again flowcharts,

00:33:23.660 --> 00:33:29.700
 checklist items, procedures that is needed for the development review process.

00:33:29.700 --> 00:33:38.780
 Anything that is regulatory or policy related, we will include or have include into the development

00:33:38.780 --> 00:33:40.120
 code itself.

00:33:40.120 --> 00:33:45.700
 So just to help differentiate between a handbook and the development code, obviously the development

00:33:45.700 --> 00:33:50.980
 code is something that this body will review and has reviewed and will continue to review,

00:33:50.980 --> 00:33:57.700
 while the handbook is meant to be just that, a development handbook administered by staff.

00:33:57.700 --> 00:34:01.460
 So then why don't we put the other criterion manuals into a giant handbook?

00:34:01.460 --> 00:34:05.500
 Well that's a good question, and that's something that we will be coming to you hopefully in

00:34:05.500 --> 00:34:12.820
 the near future, there is plans to consolidate the criterion manuals into one criterion manual.

00:34:12.820 --> 00:34:18.700
 While they'll still have the transportation, the waste water and water sections and storm

00:34:18.700 --> 00:34:26.220
 water in each of, in broken down in the actual criterion manual, but that will be a separate

00:34:26.220 --> 00:34:30.940
 document and it will be just referred to as the development criterion manual.

00:34:30.940 --> 00:34:32.900
 So kind of leading to what you were saying.

00:34:32.900 --> 00:34:37.200
 So again, efficiency, right, so you have one criterion manual where you have all of those

00:34:37.200 --> 00:34:42.940
 different categories identified, but again that is a criterion manual, this is a handbook

00:34:42.940 --> 00:34:45.420
 and again the difference between the two.

00:34:45.420 --> 00:34:50.700
 The handbook is again very development review process, the criterion manual very technical

00:34:50.700 --> 00:34:55.140
 related to engineering, related to storm water, that's a little bit different from a development

00:34:55.140 --> 00:34:56.140
 handbook.

00:34:56.140 --> 00:34:59.740
 Okay, thank you Ron.

00:34:59.740 --> 00:35:03.500
 Ron in the posting, I don't know if this is a big deal or not, but in the posting it's

00:35:03.500 --> 00:35:07.840
 saying that there's going to be two handbooks, a development handbook and an ESA handbook.

00:35:07.840 --> 00:35:12.940
 That is, I apologize, that should have been updated, the caption, what we're trying to

00:35:12.940 --> 00:35:16.540
 do is consolidate into one development handbook.

00:35:16.540 --> 00:35:19.980
 Initially we were thinking that it would be a development handbook and an ESA handbook,

00:35:19.980 --> 00:35:26.640
 but towards the end of our analysis we decided that we would fold in the ESA into one development

00:35:26.640 --> 00:35:30.260
 handbook, but that is the plan.

00:35:30.260 --> 00:35:35.140
 This has no bearing on public notification or anything that what's being voted upon is

00:35:35.140 --> 00:35:36.660
 different than the item?

00:35:36.660 --> 00:35:38.420
 I don't think so.

00:35:38.420 --> 00:35:39.420
 Great, perfect.

00:35:39.420 --> 00:35:43.140
 Okay, any other questions for this item?

00:35:43.140 --> 00:35:51.540
 The next item of business is 4D, this is also Ron with the development code.

00:35:51.540 --> 00:35:59.420
 Okay, this is the third code amendment.

00:35:59.420 --> 00:36:05.700
 It's related to the location of parking areas, primarily parking in front.

00:36:05.700 --> 00:36:08.900
 Again as you all know, there was a code update.

00:36:08.900 --> 00:36:14.980
 Part of that effort, there were some standards that were created or carried forward and added

00:36:14.980 --> 00:36:21.220
 to, specifically section 796D2.

00:36:21.220 --> 00:36:26.660
 Under that section it refers to all other uses and all other uses are basically the

00:36:26.660 --> 00:36:32.220
 uses that are not single family, duplexes, ten homes, triplexes, or fourplexes, everything

00:36:32.220 --> 00:36:33.460
 else.

00:36:33.460 --> 00:36:44.620
 In all other uses, parking in front is prohibited in the MN, the MD, and the MR.

00:36:44.620 --> 00:36:51.460
 Now what was added as part of the development code update in 2019 was the addition of the

00:36:51.460 --> 00:36:53.580
 MR.

00:36:53.580 --> 00:37:00.580
 Previously in the 2002 code, the parking in front was prohibited in a protection oriented

00:37:00.580 --> 00:37:06.980
 districts, which is your MN, and it was also prohibited in the downtown, the DCG, which

00:37:06.980 --> 00:37:10.220
 is your MD.

00:37:10.220 --> 00:37:16.820
 The MR again, like I said earlier, was a zoning district that was added to this list.

00:37:16.820 --> 00:37:23.460
 What we have found through development reviews after the code was updated, we found that

00:37:23.460 --> 00:37:28.740
 properties that were zoned MR, and you can see from the zoning map, MR are these dark

00:37:28.740 --> 00:37:30.280
 purple areas.

00:37:30.280 --> 00:37:39.780
 They're primarily located along I-35 and along major arterials and collectors.

00:37:39.780 --> 00:37:48.180
 Now they're no longer allowed to have parking in front, while prior to 2002, they were in

00:37:48.180 --> 00:37:50.020
 those zoning districts.

00:37:50.020 --> 00:38:01.900
 For those that are familiar, the MR was once RCCN and RCCD, and under that zoning district

00:38:01.900 --> 00:38:08.780
 in the 2002, they were allowed parking in front, but now with the 2019, the MR, by adding

00:38:08.780 --> 00:38:17.780
 the MR into that prohibition, those areas that were once RCCN and RCCD are no longer

00:38:17.780 --> 00:38:21.540
 able to have parking in front.

00:38:21.540 --> 00:38:28.900
 What we found is that it's not appropriate to have that prohibition under the MR.

00:38:28.900 --> 00:38:35.620
 Primarily those that are along an arterial, such as the loop, such as I-35 frontage road

00:38:35.620 --> 00:38:40.700
 would be considered an arterial, and such as other collectors that are largely areas

00:38:40.700 --> 00:38:44.640
 where there's high traffic volumes and whatnot.

00:38:44.640 --> 00:38:56.380
 What staff is proposing is that we correct 7962, again, primarily because parking in front

00:38:56.380 --> 00:39:03.580
 is appropriate in the MR district, and that is also appropriate within arterials and collectors.

00:39:03.580 --> 00:39:09.220
 This is the code update that we are proposing under that section, where I'm going to read

00:39:09.220 --> 00:39:15.260
 it for the record, off-street parking areas located between the front building facade

00:39:15.260 --> 00:39:22.540
 and the adjacent street frontage is prohibited, unless the parcel satisfies the following.

00:39:22.540 --> 00:39:28.500
 It is located outside the NMD.

00:39:28.500 --> 00:39:35.300
 We struck out the MR zoning district, so all other zoning districts would be allowed parking

00:39:35.300 --> 00:39:37.200
 in front.

00:39:37.200 --> 00:39:44.060
 There is also that it also shall adjoin, the property shall also adjoin either an arterial

00:39:44.060 --> 00:39:49.420
 or collector, as defined by the mobility plan.

00:39:49.420 --> 00:39:52.780
 Those are the changes that we are proposing.

00:39:52.780 --> 00:40:00.700
 Again, if there's a specific property that's located within an MR, today they would not

00:40:00.700 --> 00:40:03.820
 be allowed to park in front.

00:40:03.820 --> 00:40:10.980
 Those properties that are MR and are on a collector also would not be permitted.

00:40:10.980 --> 00:40:17.580
 What we're saying is that they should be allowed under the MR, as well as those properties

00:40:17.580 --> 00:40:23.420
 that are both MR and along a collector and an arterial.

00:40:23.420 --> 00:40:25.620
 Any questions?

00:40:25.620 --> 00:40:28.580
 Commissioner Beck.

00:40:28.580 --> 00:40:30.340
 Thank you, Chair.

00:40:30.340 --> 00:40:35.580
 Is there any, I guess I haven't mapped it out like you guys have, is there any place

00:40:35.580 --> 00:40:42.460
 where you're going to give the potential for an unintended, undesirable parking lot to

00:40:42.460 --> 00:40:49.460
 be plopped down and sort of because you're creating an allowed exception, where it would

00:40:49.460 --> 00:40:53.620
 just really break things, as it were?

00:40:53.620 --> 00:40:54.900
 We definitely looked into that.

00:40:54.900 --> 00:41:00.980
 We even thought about any other zoning districts that we would prohibit the parking in front.

00:41:00.980 --> 00:41:06.620
 Right now it is proposed to be just the MN and the MD.

00:41:06.620 --> 00:41:12.660
 We've looked at not only the zonings and where certain uses are permitted.

00:41:12.660 --> 00:41:20.980
 I'll use an example, general retail is permitted in the R7, right?

00:41:20.980 --> 00:41:29.500
 As long as it's not MN and MR, it's permitted in the R7, however, the R7 requires a specific

00:41:29.500 --> 00:41:30.500
 use permit.

00:41:30.500 --> 00:41:35.280
 We've kind of gone through a lot of the analysis, not only on the zoning side, but also where

00:41:35.280 --> 00:41:41.520
 it is in relationship to a arterial or collector, and a lot of what we found was these uses

00:41:41.520 --> 00:41:47.640
 that would be impacting a neighborhood or some other way of impacting an area, we found

00:41:47.640 --> 00:41:54.220
 that they were covered under a specific use permit, so our understanding and our analysis

00:41:54.220 --> 00:41:59.900
 show that if we approve this, there's still a specific use permit that would address parking

00:41:59.900 --> 00:42:04.060
 in your front if and when a property decides to do something in that effect.

00:42:04.060 --> 00:42:06.020
 Okay, thank you, Ron.

00:42:06.020 --> 00:42:17.460
 Ron, it doesn't appear that this is changing, but can you help me out on 796D, C, the corridors

00:42:17.460 --> 00:42:20.300
 that are not allowed?

00:42:20.300 --> 00:42:24.220
 There's like this weird exemption, it seems to be downtown.

00:42:24.220 --> 00:42:32.940
 Chair, those are what was carried forward from the previous code and what that represents,

00:42:32.940 --> 00:42:36.580
 they represent corridors that lead into the downtown.

00:42:36.580 --> 00:42:41.620
 Entry corridors like Dallas Drive, Fort Worth Drive, again, the intent there, Elm and Locust

00:42:41.620 --> 00:42:49.180
 as you come in from the north, is to not allow parking in front in those particular arterials

00:42:49.180 --> 00:42:51.660
 because they are classified as arterials.

00:42:51.660 --> 00:42:56.380
 If we didn't make that exception, then they would be allowed parking in front under that

00:42:56.380 --> 00:43:04.300
 segment, so we wanted to identify those specifically where we would prohibit those within those

00:43:04.300 --> 00:43:05.300
 entry corridors.

00:43:05.300 --> 00:43:06.300
 Gotcha.

00:43:06.300 --> 00:43:09.340
 Okay, thanks for that clarification.

00:43:09.340 --> 00:43:13.900
 Any other questions for Ron on this item?

00:43:13.900 --> 00:43:17.060
 Okay, that concludes our agenda for this evening.

00:43:17.060 --> 00:43:21.700
 It is 548, I'll call this meeting to a close.

00:43:21.700 --> 00:43:24.660
 We'll reconvene at 630 in council chambers.

00:43:27.380 --> 00:43:33.100
 Good evening, ladies and gentlemen, and welcome to the Planning and Zoning Commission meeting

00:43:33.100 --> 00:43:35.660
 for Wednesday, January 22, 2020.

00:43:35.660 --> 00:43:38.780
 Seeing that we do have a quorum, I will call this meeting to order.

00:43:38.780 --> 00:43:42.220
 The first item of business is to stand if able and give a Pledge of Allegiance to the

00:43:42.220 --> 00:43:45.220
 U.S. and Texas flag.

00:43:45.220 --> 00:44:00.340
 I pledge allegiance to the flag of the United States of America, and to the republic for

00:44:00.340 --> 00:44:12.300
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

00:44:12.300 --> 00:44:15.940
 The next item of business is to consider the approval of the Planning and Zoning Commission

00:44:15.940 --> 00:44:21.740
 minutes from January 8th, and as a point of order, anyone who missed that meeting is still

00:44:21.740 --> 00:44:26.620
 able to vote, so there's no need for recusal, even if you were absent, you can still participate

00:44:26.620 --> 00:44:28.580
 and should participate in the vote.

00:44:28.580 --> 00:44:30.220
 Commissioner Ellis.

00:44:30.220 --> 00:44:31.780
 I move approval.

00:44:31.780 --> 00:44:32.780
 We have a first for approval.

00:44:32.780 --> 00:44:33.780
 Commissioner Smith.

00:44:33.780 --> 00:44:34.780
 Second.

00:44:34.780 --> 00:44:35.780
 We have a first and a second for approval.

00:44:35.780 --> 00:44:36.780
 Any discussion?

00:44:36.780 --> 00:44:41.780
 Seeing none, I'll call for a vote on the board.

00:44:41.780 --> 00:45:03.340
 Motion carries 6-0.

00:45:03.340 --> 00:45:08.060
 Next item of business is the Consent Agenda, and at the request of Commissioner Beck, we're

00:45:08.060 --> 00:45:11.300
 going to be pulling 3-B into a separate vote.

00:45:11.300 --> 00:45:15.780
 So the Chair will entertain a motion for items 3-A and 3-C.

00:45:15.780 --> 00:45:16.780
 Commissioner Smith.

00:45:16.780 --> 00:45:20.020
 I move approval of items 3-A and 3-C.

00:45:20.020 --> 00:45:21.820
 We have a first for 3-A and 3-C.

00:45:21.820 --> 00:45:22.820
 Commissioner Pernetta.

00:45:22.820 --> 00:45:23.820
 I second.

00:45:23.820 --> 00:45:28.860
 We have a first and a second for the Consent Agenda, items 3-A and 3-C. Any discussion?

00:45:28.860 --> 00:45:36.820
 Seeing none, I'll call for a vote on the board.

00:45:36.820 --> 00:45:39.540
 Motion carries 7-0.

00:45:39.540 --> 00:45:42.980
 We also will take a separate vote for item 3-B.

00:45:42.980 --> 00:45:46.060
 Any discussion or motion for item 3-B?

00:45:46.060 --> 00:45:47.060
 Commissioner Beck?

00:45:47.060 --> 00:46:13.380
 Yeah, we discussed some of this in the first session, but I think just given the proximity

00:46:13.380 --> 00:46:14.380
 and the gas volume, some of the other issues with the wetlands and the lack of tree canopy,

00:46:14.380 --> 00:46:15.380
 I feel like we're setting ourselves up for more future work.

00:46:15.380 --> 00:46:16.380
 I can't support this.

00:46:16.380 --> 00:46:17.380
 We have a first for approval.

00:46:17.380 --> 00:46:18.380
 Commissioner Anderson?

00:46:18.380 --> 00:46:19.380
 Second.

00:46:19.380 --> 00:46:21.860
 We have a first and a second for approval.

00:46:21.860 --> 00:46:24.300
 Any further discussion?

00:46:24.300 --> 00:46:34.620
 Seeing none, I'll call for a vote on the board.

00:46:34.620 --> 00:46:38.460
 Motion carries 5-2.

00:46:38.460 --> 00:46:46.180
 Next item of business is item 4-A. It's item Z19-0013.

00:46:46.180 --> 00:46:50.180
 I will open the public hearing.

00:46:50.180 --> 00:46:58.020
 This applicant has requested to postpone the item until a date certain of February 5th,

00:46:58.020 --> 00:46:59.020
 2020.

00:46:59.020 --> 00:47:00.020
 It is a public hearing.

00:47:00.020 --> 00:47:05.100
 If anyone's wishing to speak, we will listen to public comment this evening.

00:47:05.100 --> 00:47:09.580
 Seeing none, I'll leave the public hearing open and ask Commissioner Smith.

00:47:09.580 --> 00:47:13.380
 Move to postpone to date certain of February 5th.

00:47:13.380 --> 00:47:15.020
 We have a first for postponement.

00:47:15.020 --> 00:47:16.020
 Commissioner Ellis?

00:47:16.020 --> 00:47:17.020
 Thank you.

00:47:17.020 --> 00:47:19.300
 We have a first and a second for postponement.

00:47:19.300 --> 00:47:20.300
 Any discussion?

00:47:20.300 --> 00:47:29.100
 Seeing none, I'll call for a vote on the board.

00:47:29.100 --> 00:47:31.480
 Motion carries 7-0.

00:47:31.480 --> 00:47:36.860
 Next item of business is item 4B, DCA 19-0025.

00:47:36.860 --> 00:47:48.700
 I'll invite Ron Maguina for presentation and open the public hearing.

00:47:48.700 --> 00:47:55.580
 This item is a city initiated code amendment regarding, that is, low impact manufacturing

00:47:55.580 --> 00:47:58.980
 in the use related to use specific standards.

00:47:58.980 --> 00:48:05.180
 As you all know, there was a development code update back in April 2019.

00:48:05.180 --> 00:48:12.500
 Part of that effort, there were work towards unifying some of the existing uses, consolidating

00:48:12.500 --> 00:48:17.740
 them for simplicity, also to introduce new ones for clarity, and then also to rename

00:48:17.740 --> 00:48:20.460
 some of the existing uses.

00:48:20.460 --> 00:48:25.900
 Light manufacturing was one of those existing uses that was renamed into or to low impact

00:48:25.900 --> 00:48:30.420
 manufacturing and also was provided a definition.

00:48:30.420 --> 00:48:36.460
 For the record, you see here is the definition for low impact manufacturing.

00:48:36.460 --> 00:48:42.540
 Just by looking at it, you see that there is distributing manufacturing and other processes

00:48:42.540 --> 00:48:51.540
 involved in the manufacturing of items as part of a low impact manufacturing use.

00:48:51.540 --> 00:48:55.420
 This slide here illustrates where low impact manufacturing is permitted.

00:48:55.420 --> 00:48:59.620
 You can see that under the MD, it is permitted with an SUP.

00:48:59.620 --> 00:49:06.140
 And then the following MR, SC, HC, G, O, L, I, and HI, it is permitted with a use specific

00:49:06.140 --> 00:49:07.140
 standard.

00:49:07.140 --> 00:49:11.140
 And that use specific standard is 536E.

00:49:11.140 --> 00:49:16.940
 For the purpose of this code amendment, we are correcting two sections of that use specific

00:49:16.940 --> 00:49:17.940
 standard.

00:49:17.940 --> 00:49:22.900
 The first one is related to the prohibition of distribution, warehousing, and wholesaling

00:49:22.900 --> 00:49:24.220
 activities.

00:49:24.220 --> 00:49:31.620
 The second of the two is the limited maximum of 5,000 square feet of gross floor area per

00:49:31.620 --> 00:49:34.700
 lot.

00:49:34.700 --> 00:49:41.260
 The staff is proposing with the following code amendment to eliminate that first use

00:49:41.260 --> 00:49:47.180
 specific standard that we would allow for distribution, wholesaling, and warehousing.

00:49:47.180 --> 00:49:53.780
 And that in the MD, the maximum square feet gross floor area per lot is 10,000.

00:49:53.780 --> 00:49:59.460
 And just for, again, MD, MD is primarily in the downtown, and that is an appropriate maximum

00:49:59.460 --> 00:50:00.900
 square footage.

00:50:00.900 --> 00:50:08.020
 The MR, SC, and HC, zoning districts would have a limitation of 10,000 square feet, where

00:50:08.020 --> 00:50:14.220
 if they choose to propose a larger square footage, they could through an SUP.

00:50:14.220 --> 00:50:20.140
 Lastly, the remaining zoning districts, the G, O, L, I, and HI, would not have a maximum

00:50:20.140 --> 00:50:25.420
 square footage, however, all of the zoning districts would have to comply with the use

00:50:25.420 --> 00:50:31.420
 specific standard, which is number three, that all activities shall occur entirely within

00:50:31.420 --> 00:50:33.900
 an enclosed structure.

00:50:33.900 --> 00:50:34.900
 That concludes my presentation.

00:50:34.900 --> 00:50:36.660
 I'd be happy to answer any questions.

00:50:36.660 --> 00:50:39.380
 I do not see any questions.

00:50:39.380 --> 00:50:41.100
 Thank you for the presentation.

00:50:41.100 --> 00:50:42.100
 Okay.

00:50:42.100 --> 00:50:43.100
 This is a public hearing.

00:50:43.100 --> 00:50:44.100
 Anyone wishing to speak may certainly do so.

00:50:44.100 --> 00:50:49.980
 I do not see anyone here wishing to do so, so I will close the public hearing and ask

00:50:49.980 --> 00:50:52.260
 Commissioner Burnett for a motion.

00:50:52.260 --> 00:50:54.020
 Motion to approve the amendment.

00:50:54.020 --> 00:50:55.700
 We have a first for approval, Commissioner Smith.

00:50:55.700 --> 00:50:56.700
 Second.

00:50:56.700 --> 00:50:58.340
 We have a first and a second.

00:50:58.340 --> 00:51:00.900
 Any discussion on the item?

00:51:00.900 --> 00:51:09.740
 Seeing none, I'll call for a vote on the board.

00:51:09.740 --> 00:51:12.780
 Motion to approve carries 7-0.

00:51:12.780 --> 00:51:16.460
 The next item of business is item 4C, DCA 19-0026.

00:51:16.460 --> 00:51:24.580
 I'll invite Ron McGuina back for presentation and open the public hearing.

00:51:24.580 --> 00:51:26.380
 Thank you, Chair, members of the commission.

00:51:26.380 --> 00:51:29.540
 This is the second code amendment for tonight for your consideration.

00:51:29.540 --> 00:51:33.900
 This is in relationship to a code amendment, a city-initiated code amendment related to

00:51:33.900 --> 00:51:36.380
 development handbook.

00:51:36.380 --> 00:51:42.980
 In an effort to improve our development review process, create efficiency, we are preparing

00:51:42.980 --> 00:51:43.980
 a development handbook.

00:51:43.980 --> 00:51:49.820
 What a development handbook is is a document that contains a number of information.

00:51:49.820 --> 00:51:55.540
 For example, flow charts, submittal schedules, checklists, calendars, any related development

00:51:55.540 --> 00:52:03.000
 review-related supporting documents is what a handbook will contain, will have.

00:52:03.000 --> 00:52:11.460
 We are proposing a code amendment to the development code for renaming the following criteria manuals.

00:52:11.460 --> 00:52:16.620
 We have found that a lot of the information contained in these criteria manuals have information

00:52:16.620 --> 00:52:22.300
 that are related to development review and therefore meet or should be more in line as

00:52:22.300 --> 00:52:25.640
 being part of a development handbook.

00:52:25.640 --> 00:52:31.140
 Those are the administrative criteria manual, the application criteria manual, the site

00:52:31.140 --> 00:52:36.340
 design criteria manual, the construction criteria manual, as well as the environmental sensitive

00:52:36.340 --> 00:52:42.140
 areas criteria manual, again, all of which have the same information that is related

00:52:42.140 --> 00:52:46.180
 to development review and should be part of a development handbook.

00:52:46.180 --> 00:52:51.700
 And again, part of this code amendment is to rename all of those references as a development

00:52:51.700 --> 00:52:53.440
 handbook.

00:52:53.440 --> 00:52:57.500
 We are also proposing to amend section 134B.

00:52:57.500 --> 00:53:02.900
 Again, because these will no longer be criteria manuals, they will be eliminated from this

00:53:02.900 --> 00:53:07.700
 list that you see here as part of this section.

00:53:07.700 --> 00:53:13.300
 For your purposes, administrative criteria manual is referenced in the development code

00:53:13.300 --> 00:53:19.780
 22 times, the application criteria manual five times, the site design 13 construction

00:53:19.780 --> 00:53:24.620
 criteria manual once, and the ESA is referenced in the code four times.

00:53:24.620 --> 00:53:30.760
 And all of these references, again, will be renamed as development handbook in the Denton

00:53:30.760 --> 00:53:33.100
 development code.

00:53:33.100 --> 00:53:34.100
 That concludes my presentation.

00:53:34.100 --> 00:53:36.260
 I would be happy to answer any questions.

00:53:36.260 --> 00:53:37.260
 We do have one question.

00:53:37.260 --> 00:53:38.260
 Commissioner Beck?

00:53:38.260 --> 00:53:39.260
 Yes.

00:53:39.260 --> 00:53:40.260
 Thank you, Chair.

00:53:40.260 --> 00:53:43.540
 Ron, you answered this for me, and I think I've forgotten the answer, so I'm going to

00:53:43.540 --> 00:53:44.540
 ask it again.

00:53:44.540 --> 00:53:45.540
 Sure.

00:53:45.540 --> 00:53:54.780
 Are we going to this combined handbook, and then what's the vision for how many more handbooks?

00:53:54.780 --> 00:53:56.300
 One giant handbook, or?

00:53:56.300 --> 00:54:01.820
 One consolidated handbook that will contain all the information related to development

00:54:01.820 --> 00:54:02.820
 review.

00:54:02.820 --> 00:54:09.180
 Again, items that are administratively processed or administered.

00:54:09.180 --> 00:54:10.180
 Thank you.

00:54:10.180 --> 00:54:11.180
 That answers my question.

00:54:11.180 --> 00:54:12.180
 Thank you.

00:54:12.180 --> 00:54:14.420
 I do not see any other questions, Ron.

00:54:14.420 --> 00:54:15.420
 Thank you.

00:54:15.420 --> 00:54:16.420
 This is a public hearing.

00:54:16.420 --> 00:54:21.300
 Anyone who wishes to speak may certainly do so, seeing none, I will close the public hearing.

00:54:21.300 --> 00:54:22.300
 Commissioner Smith?

00:54:22.300 --> 00:54:23.800
 Move to approve.

00:54:23.800 --> 00:54:25.340
 We have a first for approval.

00:54:25.340 --> 00:54:26.340
 Mr. Pernetta?

00:54:26.340 --> 00:54:27.340
 Second.

00:54:27.340 --> 00:54:28.660
 We have a first and a second for approval.

00:54:28.660 --> 00:54:29.660
 Any discussion?

00:54:29.660 --> 00:54:37.700
 Seeing none, I'll call for a vote on the board.

00:54:37.700 --> 00:54:40.100
 Motion to approve carries 7-0.

00:54:40.100 --> 00:54:45.140
 Next item of business is item 4D, DCA 19-0028.

00:54:45.140 --> 00:54:48.700
 I'll invite Ron McGuida back for presentation and open the public hearing.

00:54:48.700 --> 00:54:50.460
 Thank you, Chair, members of the commission.

00:54:50.460 --> 00:54:53.900
 This is the last code amendment for consideration this evening.

00:54:53.900 --> 00:54:59.260
 This is related to location of parking areas, specifically parking in front.

00:54:59.260 --> 00:55:04.500
 Again, as you all know, April 2019, there was a development code update.

00:55:04.500 --> 00:55:12.180
 As part of that update, the section 796D2 was carried over from the previous code.

00:55:12.180 --> 00:55:18.620
 As part of that carryover, there was an addition to where parking in front is prohibited.

00:55:18.620 --> 00:55:27.140
 For the 2002 code, MN, which is protection-oriented related, and MD, which is the downtown area,

00:55:27.140 --> 00:55:31.780
 were areas that had a prohibition for parking in front.

00:55:31.780 --> 00:55:39.220
 What the 2019 code did was add MR as part of that prohibition zoning districts.

00:55:39.220 --> 00:55:46.940
 We have had several development reviews since April, and we have heard and seen examples

00:55:46.940 --> 00:55:52.580
 where MR is permitted, where it is proposed, that is, where development is proposed, and

00:55:52.580 --> 00:55:57.460
 where the parking in front became a concern or an issue.

00:55:57.460 --> 00:56:03.860
 Looking at the zoning map, we realized that adding that MR probably was not the best direction,

00:56:03.860 --> 00:56:06.620
 and that this code amendment is going to correct that.

00:56:06.620 --> 00:56:13.380
 The MR is primarily located along I-35, as well as primary arterials, as you can see here

00:56:13.380 --> 00:56:18.500
 on the zoning map, as well as collectors.

00:56:18.500 --> 00:56:23.860
 Having the MR, having it prohibited, or parking in front, we looked at also existing site

00:56:23.860 --> 00:56:29.700
 features that have the same location, and a lot of those areas did have parking in front,

00:56:29.700 --> 00:56:35.380
 so we feel that keeping in line with those urban characters that we would remove and

00:56:35.380 --> 00:56:41.180
 correct the MR as part of that zoning district that prohibits parking in front.

00:56:41.180 --> 00:56:46.540
 In addition, parking in front, staff has determined that it is appropriate on properties that

00:56:46.540 --> 00:56:49.600
 are along arterials, as well as collectors.

00:56:49.600 --> 00:56:54.940
 These street classifications primarily have high volumes of traffic and have a high speed

00:56:54.940 --> 00:56:59.260
 as far as miles per hour, so again, these locations would be appropriate for parking

00:56:59.260 --> 00:57:01.260
 in front.

00:57:01.260 --> 00:57:08.100
 What staff is proposing as part of Section 796(d)(2) is to amend that section to eliminate

00:57:08.100 --> 00:57:13.940
 the MR from the list where parking in front is prohibited as a zoning district, and also

00:57:13.940 --> 00:57:20.300
 to add collector as part of where parking in front would be allowed, and that is what

00:57:20.300 --> 00:57:25.460
 is shown here, and that is what staff is proposing as part of this code amendment.

00:57:25.460 --> 00:57:30.820
 Staff again is recommending approval and can stand for any questions.

00:57:30.820 --> 00:57:34.500
 Thanks for the presentation, Ron, I don't see any questions.

00:57:34.500 --> 00:57:35.500
 This is a public hearing.

00:57:35.500 --> 00:57:38.020
 Anyone wishing to speak may certainly do so.

00:57:38.020 --> 00:57:40.380
 Seeing none, I will close the public hearing.

00:57:40.380 --> 00:57:41.380
 Commissioner Smith?

00:57:41.380 --> 00:57:42.500
 Move to approve.

00:57:42.500 --> 00:57:43.900
 We have a first for approval.

00:57:43.900 --> 00:57:44.900
 Commissioner Pernetta?

00:57:44.900 --> 00:57:45.900
 Second.

00:57:45.900 --> 00:57:46.900
 We have a first and a second for approval.

00:57:46.900 --> 00:57:49.140
 Any discussion?

00:57:49.140 --> 00:57:57.500
 Seeing none, I'll call for a vote on the board.

00:57:57.500 --> 00:58:00.260
 Motion to approve carries 7-0.

00:58:00.260 --> 00:58:07.140
 The next item of business is item 5A, the P&Z Commission Project Matrix.

00:58:07.140 --> 00:58:14.260
 I will ask Richard for any updates and then turn it to the dais for additions or questions.

00:58:14.260 --> 00:58:15.900
 No real updates on the matrix.

00:58:15.900 --> 00:58:20.820
 I think we've got through most of the items that have been on there.

00:58:20.820 --> 00:58:26.580
 We have no additional items that went to council at the last meeting.

00:58:26.580 --> 00:58:34.380
 The only thing I will mention is next week on the 28th, council will be rehearing the

00:58:34.380 --> 00:58:38.820
 Gaswell item, so that will be on the 28th, other than that, that's all I had.

00:58:38.820 --> 00:58:42.780
 Will they take a vote on 28th or is it just a further discussion?

00:58:42.780 --> 00:58:46.060
 It'll be to reconsider that ordinance.

00:58:46.060 --> 00:58:48.340
 It's essentially a do-over, if you will.

00:58:48.340 --> 00:58:49.340
 Gotcha.

00:58:49.340 --> 00:58:50.340
 Commissioner Beck?

00:58:50.340 --> 00:58:51.860
 Yeah, thank you, Chair.

00:58:51.860 --> 00:58:59.780
 I briefly brought this up at work session, but a citizen had the idea of regarding the

00:58:59.780 --> 00:59:07.860
 notification issues, having an opt-in system on our webpage where they could enter in an

00:59:07.860 --> 00:59:14.900
 address and our general notification 200 or 500 foot distance, and for any developments

00:59:14.900 --> 00:59:22.300
 in that radius, it would automatically email them of any public hearings that we were having.

00:59:22.300 --> 00:59:26.980
 I don't know about the feasibility, the FTE, the development, anything of that sort of

00:59:26.980 --> 00:59:36.300
 thing, but I thought, as an opt-in mechanism, that it could be separate than the state-mandated

00:59:36.300 --> 00:59:40.540
 mechanism that we currently follow, but it sounded very intriguing to me because people

00:59:40.540 --> 00:59:43.020
 that were interested could be notified.

00:59:43.020 --> 00:59:46.420
 Is that something we could explore for the matrix?

00:59:46.420 --> 00:59:48.900
 We can certainly look into it.

00:59:48.900 --> 00:59:56.980
 What we have now is we have our active projects map, and then every week we submit a new or

00:59:56.980 --> 01:00:03.000
 publish a new map that shows the projects that were submitted that week.

01:00:03.000 --> 01:00:08.420
 We also do post all of the upcoming community meetings or neighborhood meetings related

01:00:08.420 --> 01:00:10.240
 to development projects.

01:00:10.240 --> 01:00:15.420
 What I can do is look to see if there's a way that -- that's something we've started

01:00:15.420 --> 01:00:20.780
 to look at already, but if there's a way that we can link when we have those community meetings,

01:00:20.780 --> 01:00:25.500
 at least tied to that project map, so if somebody is interested at any given time, if they click

01:00:25.500 --> 01:00:31.900
 on it, it might show there's a neighborhood meeting set up for whatever day that is.

01:00:31.900 --> 01:00:36.740
 I think if we could make some progress in that mechanism, I mean, even if we just took

01:00:36.740 --> 01:00:43.860
 baby steps in that direction to improve our notification, I think it would help to maybe

01:00:43.860 --> 01:00:49.220
 address some of the items that keep coming up before the commission about notification,

01:00:49.220 --> 01:00:54.300
 where people could get some level of notification in an automatic fashion.

01:00:54.300 --> 01:00:58.580
 There will be a public -- there are community hearing at -- you know, because you asked

01:00:58.580 --> 01:00:59.580
 for this.

01:00:59.580 --> 01:01:03.860
 There will be a public hearing about that property, and it's in the radius you asked.

01:01:03.860 --> 01:01:09.700
 Now, I understand that it might be more involved, hire a computer programmer or whatever, a

01:01:09.700 --> 01:01:15.880
 web developer, but if we could explore that, I certainly would like to hear information

01:01:15.880 --> 01:01:16.880
 with that regard.

01:01:16.880 --> 01:01:17.880
 Yeah.

01:01:17.880 --> 01:01:18.880
 I can look into it.

01:01:18.880 --> 01:01:23.780
 I know it -- I want to say a year or two ago there was a -- something similar, I think,

01:01:23.780 --> 01:01:27.140
 the town of Southlake does for notifications.

01:01:27.140 --> 01:01:31.740
 I know there was a ISR that was put together for council, but I can pull that together

01:01:31.740 --> 01:01:32.740
 and provide that.

01:01:32.740 --> 01:01:33.740
 Thank you, Richard.

01:01:33.740 --> 01:01:34.740
 Commissioner Ellis.

01:01:34.740 --> 01:01:35.740
 Thank you, Chair.

01:01:35.740 --> 01:01:43.840
 Richard, can we get maybe a work session or maybe just a memo on removal of traffic lights

01:01:43.840 --> 01:01:44.840
 in light?

01:01:44.840 --> 01:01:49.500
 Recently, there have been several traffic lights removed, and I've gotten questions,

01:01:49.500 --> 01:01:55.580
 and I don't know the answer as to how this city makes these decisions.

01:01:55.580 --> 01:01:57.660
 So I would love to be enlightened on that.

01:01:57.660 --> 01:02:03.260
 We talk all the time about how a traffic light is needed and the steps for that, but I don't

01:02:03.260 --> 01:02:06.060
 know how the city decides to remove traffic lights.

01:02:06.060 --> 01:02:07.580
 So I would love that information.

01:02:07.580 --> 01:02:08.980
 I can get something for you.

01:02:08.980 --> 01:02:09.980
 Thanks.

01:02:09.980 --> 01:02:10.980
 Put together.

01:02:10.980 --> 01:02:11.980
 Yeah.

01:02:11.980 --> 01:02:16.660
 The only thing I have, and maybe this is just an offline update, I would love to hear how

01:02:16.660 --> 01:02:24.620
 the city is seeing any impact from the HB violence from last year, if there's construction

01:02:24.620 --> 01:02:29.460
 happening that is less than what we historically have with build materials and aesthetics,

01:02:29.460 --> 01:02:34.060
 or I know the process of the shot clock is being very well managed from what I can tell,

01:02:34.060 --> 01:02:39.220
 but I'm just curious if we've seen any projects come through in which the city, maybe it's

01:02:39.220 --> 01:02:43.700
 too short, it hasn't been long enough, but I'm curious if that has a detrimental aesthetic

01:02:43.700 --> 01:02:47.340
 to our city yet, or if fears are coming to fruition about that.

01:02:47.340 --> 01:02:51.620
 I think in the very near future we'll start to see that, and I think where it's going

01:02:51.620 --> 01:02:56.620
 to impact more is in the existing neighborhoods.

01:02:56.620 --> 01:03:02.900
 Just to give you one example, because we had it happen this week where an individual is

01:03:02.900 --> 01:03:05.420
 looking to do a carport.

01:03:05.420 --> 01:03:10.020
 So previously with carports, accessory structures, there were certain architectural requirements

01:03:10.020 --> 01:03:17.300
 where it had to match the style of the house and the building materials of the house.

01:03:17.300 --> 01:03:24.540
 What this individual wanted to do essentially was to have two shipping containers, metal

01:03:24.540 --> 01:03:29.140
 roof, corrugated metal over top of it.

01:03:29.140 --> 01:03:30.980
 That is now permitted.

01:03:30.980 --> 01:03:35.740
 It would have been prohibited now that somebody could put that in.

01:03:35.740 --> 01:03:42.220
 They still need to comply with setbacks in that, but we cannot tell them that they cannot

01:03:42.220 --> 01:03:43.220
 use that material.

01:03:43.220 --> 01:03:44.220
 Great.

01:03:44.220 --> 01:03:47.460
 Thanks for that update.

01:03:47.460 --> 01:03:51.180
 Any other things to add or questions of the MED matrix?

01:03:51.180 --> 01:03:52.180
 Okay.

01:03:52.180 --> 01:03:53.900
 Seeing none, that concludes our agenda.

01:03:53.900 --> 01:03:55.820
 I'll close the meeting at 6.50.

01:03:55.820 --> 01:03:56.660
 Thank you.

