All right, welcome everyone. We do have a quorum present, so I call this meeting of
the Denton Code Review Committee to order at 1110 on October 19, 2020. I'm going to
go ahead and because there's one presentation for all these items, I'm going to open all
the items so that we can kind of interconnect between them. Item A is introduction of the
Development Code Review Committee and key staff members. Item B, receive a report, hold
a discussion on the objective of the Development Code Review Committee. Item C, receive a report,
hold a discussion and give staff direction regarding future Development Code Review Committee
meeting schedule and item D, receive a report and hold an overview discussion of proposed
code amendments. Ron, it's all yours. Thank you, Chair. I'm going to start the presentation
and once I have it up, Scott will go ahead and start the introduction. So give me a second
here. Okay, I'm turning it over back to Scott. Good morning. I'm Scott McDonnell. I'm the
Director of Development Services. Glad to be here this morning. Today we're beginning
the process to review amendments to the 2019 Denton Development Code. In the process of
doing this, we're going to utilize the Development Code Review Committee, which is made up of
three of our council members and three of our P&Z commissioners. John Ryan is the Chair,
Keely Briggs, Vice Chair, Chris Watts, and Andrew Rozell from the Planning Zoning Commission,
Margie Ellis, and I'd like to welcome Mr. Tim Smith. He is new to the committee. All
of the previous members served when we went through the process of going from the 2002
to the 2019. Our goal in this is really just as we've used this for over a year now, we've
got a good flavor for what's working, what's not. We've got some non-conformities. Ron
will kind of take us through that. I'd also like to mention we have several staff members
on the call, some of those being our Planning Director, Richard Canone. Ron, as you'll be
introducing himself shortly, we have our City Engineer, Becky Davini, Ken Schmidt, and I
don't know if you can see these faces, but certainly if you can, you can wave, and Ken
Schmidt is our Development Facilitation Manager. All of these folks have been working through
and using the code. Our City Attorney is also on the call, Erin Leal, Cynthia Kirchhoff.
And then I'd like to introduce, we have two new staff members who are working on staff's
behalf. Planning staff as well as legal staff need a little bit of augmentation as we go
through this. We have worked through with Borges Law Firm, and we have Robin and Christian,
which I'm going to allow them to introduce theirself to just help us with best practices
as we review what we have, where we're going, and what some other municipalities are doing.
And if you don't mind, I'd like to start with Robin.
Hey, my name's Robin Miga. I've been a planner for about six years. Most of that time was
spent on staff with the city. Most recently, I did join the Borges Law Firm, where I serve
as a planner, and I've been doing this for about two years. I've worked with some of
the fastest growing cities in Texas, so I have a lot of experience with trying to figure
out how we're maneuvering through new UDCs and best practices. Christian?
Good morning. My name's Christian Rosas. I'm one of the attorneys here at the Borges Law
Firm. I've been practicing municipal law for about seven years. I work at the Office of
the Attorney General, and also as an Assistant City Attorney with the City of Laredo. At
the Borges Law Firm, we've helped a lot of municipalities like Battlestrop and Dripping
Springs review and revamp their development code, so I'm excited to be part of the team.
Thank you both. Thank you both for being here. While we've got the faces up, I think I may
just run back through the introduction so people know names with faces. And I'd also
like to mention Sarah Hensley, our Deputy City Manager, is also on the call and ultimately
responsible for the work that we do in development services. So thank you, Sarah, for joining
us. Again, the Chair is Mr. John Ryan, Berkele Briggs, Mayor Chris Watts, Andrew Rosell,
Commissioner Marge Ellis, and Commissioner Tim Smith. Anyone else that'd like to say
anything else? If not, I'll let Ron take over and run through, or I guess I have maybe one
more slide, I'm sorry. I'm pulling it up for you, Scott. Thank you. Okay, so the objective
of the Development Code Review Committee, DCRC, is that we're looking to get counsel
in planning and zoning commission direction on what we need to take to the full bodies
in order to amend the code. So we work through this, staff, professional staff bring forth
recommendations, reviews other municipalities, looking at some of the legislative changes
that have occurred, and we'll provide options as well as making recommendations for the
committee to work through. Once the committee completes their work, they'll be making recommendation
to again, planning and zoning commission and city council for their ultimate discussion
and consideration approval. We're going to have these meetings just to continue to get
that direction and to make sure our direction is as current as possible. Knowing that it's
been a year of utilizing the code, our planning and zoning as well as councils had an opportunity
to work through it. They've heard from the development community and our citizens and
just an ideal time for us to make sure that we're updating and we're as current as we
can be. So with that, I will turn this over to Mr. Ron Mangida. This is a fairly informal
process. I want to make sure that any of the DCRC members, if they have questions or comments,
can either raise their hand or feel free to speak up. I want to continue to try to keep
this as fluid as possible. We have a lot of material to cover in a short period of time
and have all the hopes to get it done. So thank you and Ron, take over, sir.
Thank you, Scott. As Scott mentioned, we do have a lot to cover in a short amount of time
and we really want to get started. We're excited to get started. But before we do, we wanted
to have this organizational meeting with the DCRC to get input as far as when our meetings
are to be scheduled. As you all know, as part of this effort, our meetings will be virtual.
It will be recorded and it's actually being displayed on our website as we speak. Folks
will be able to, if they wanted to come back and watch the DCRC meetings similar to any
other published or recorded meeting, they can. They'll have the availability to do that.
So again, these meetings will be virtual and recorded moving forward until decided otherwise.
So the first question to the DCRC, and I'm going to ask Chair Ryan to help with this,
is weekly meetings. I know that in the past we've had weekly meetings and I think it's
beneficial if we start with weekly meetings and that may change. But how does everyone
feel about weekly meetings? Again, because we want to cover a lot of stuff, we feel that
we need weekly meetings. So I'm going to turn it back to Chair Ryan and kind of get a consensus
on weekly meetings.
Any comments? Council Member Briggs? I'm fine with the weekly meetings.
Anyone else? I guess, Ron, one of the questions I have is since we've gone to this virtual
where the city's only doing one meeting per week that's being recorded or one meeting
per day, which means our schedules are kind of all over the place for those of us that
are on multiple committees. I can't really say I'm always good on Wednesday, but I've
got at least one day each week that I can do it. Is there a way to kind of work around
the other committee meetings and have the different days?
Certainly. I think once we establish that a weekly meeting is something that the DCRC
is willing to do, we can start to look at the calendar. So the next question that I
have on the slide is what day of the week we would like for this meeting to occur.
Let me go back to my screen.
Ron, and to Council Member Ryan's point, so we do have some restrictions on the when,
and so it can't conflict with what DTV needs to be able to do. So I think if we can at
least get the feedback and the input from the committee on preferences, we'll go back
between the City Secretary's office and DTV and line out what's available. And then we
may send out a survey monkey or a zoomerang and nail that down to make sure whatever we
can get that would be static. So it's consistent as to when we're going to have it, it won't
conflict with what DTV needs.
And I would say generally speaking, Wednesdays or Fridays are fine, are the best days for
me unless there is another city meeting going on at the same time or on that same day.
Which day did you say, John?
Wednesdays or Fridays? Well, when would these start? I mean, just
like whatever this week and then if we schedule it to be next week and then so forth, so on.
Try to do it consistently. Chris, if we can just find it a time that would work for most
everyone that we could do this and then again, trying to be as static as possible for DTV
and not bounce around. So just looking for what our best options might be.
What yeah, Fridays at least, I mean, obviously I'm limited in my scope of so I don't know
how much y'all want to add me into that. But my next two Fridays are pretty much taken.
So yeah, I got to get a new draft in 27. Hey Rosa, Rosa, yes, you're unmuted.
I am so sorry. I was supposed to be muted. My apologies.
No worries. Yeah, so I and then my Thursdays, I mean,
I've got big board meeting on the the 20. What is that? 22nd. But the Thursday after
so I don't know if I'm gonna be much help. And because I said I don't mean I don't but
November 3rd is coming up so it only be I don't want to impact when y'all meet based
upon my schedule because it's so so are Wednesdays okay for you, Chris or Wednesdays bad?
Well, we'll kind of drill into that I guess if if Wednesday gets you to a day versus a
Friday, john had mentioned Wednesday and Friday being a preference so I don't know if yeah
Wednesdays Wednesdays are okay in the afternoon. Yeah, I say afternoon, lunch or after. Yeah.
Yeah. And also saying Wednesdays as I'm going back
through my calendar a little bit more that's when mobility is meeting on on one of the
Wednesdays and on the other one. So as I look through it, I'm actually okay on on Mondays
as long as we're not going past about three o'clock. Councilmember Briggs.
Yeah, I was gonna make the comment about mobility as well one of those days and then the economic
development Partnership Board is also on a Wednesday. I think it's the second Wednesday
of the month the mobility seems to be the last Wednesday of the month. I'm in the same
boat as the mayor I may or may not have very many meetings with this group but for the
next few weeks. I'm okay on Wednesdays and Fridays and Mondays we have generally that's
when our Committee on the environment meets but that's only one time for the month.
Scott, I'd like to mention every other Monday or at least two Mondays a month PV also meets
on Mondays. Okay. Thank you, Becky.
Any other comments or input. The chair, what I think we can do from what
I've heard is look at the meeting room schedule, obviously, as well as DTV and look at Wednesdays
afternoon and Fridays as far as availability and then we'll go from there but again, looking
possibly Wednesdays as a static meeting and or Friday as a static meeting.
I'll have Charlie Charlie Rosendahl send out a survey monkey to all six of you and we'll
line out in coordination with the city secretary's office DTV and then kind of the basis of that.
I think the other part would be length of time or is is the committee comfortable with
a two hour meeting like we were doing to the past and over lunch is that an issue the 12
o'clock window is that a problem for anyone. It can be for me if it's on a Wednesday.
Okay. Yeah, that's fine.
Margie can't hear you. Okay, sorry. Can you hear me now? Yeah, okay.
I assume the quorum is made up of the three council people as in the past. Is that correct?
That is correct. Okay.
Anyone else? Alright, I guess we'll just watch for that survey monkey to come out and take
it from there. And then I heard that two hours is fine and
over lunch is a possibility. Just again, depending on what day but a two hour timeframe, we may
not use all two hours, but it gives us a little bit more time if we need to pass that first
hour if we needed to address a certain important topic.
Okay. Okay. I think that we've basically got what we need as far as the day of the week.
The start time, it depends on the schedule, but we'll definitely see if we can establish
a standing meeting if possible and time as well. Looking at a minimum or at least two
hours, no more than two hours. So agendas obviously need to be posted 72 hours prior
as similar to the other boards and commissions or committees. Presentations will be made
by staff and of course discussion with the DCRC. We'll also have minutes as part of these
meetings so that those will be available if we need to refer back to them.
The idea is to have a presentation that's consistent so when we bring forward our proposed
or recommended code amendments, some of you have seen this presentation before, just identify
what the current rule is or what we have to buy from or buy and at least list the issues
that we have that are causing the code amendment, what we have currently in the DDC and then
the options that we have available and then staff's recommendation as we bring forward
these code amendments, as well as additional slides will be presented during these presentations
to help illustrate again what we are trying to get input from, from the DCRC. So that
will be part of the presentation similar to what you guys have seen with past code amendments.
I know that there were some folks that may have missed this presentation, but I just
wanted to go through this and just more of a refresher and/or some information for you
all regarding the DDC amendments. So why are we doing it today now? Obviously, there are
non-conformities that were created with the 2019 DDC and we want to continue to address
those non-conformities. We want to align with new regulations or requirements that were
passed by state law, specifically House Bill 3167. So some of these code amendments will
reflect that. We continue to provide improvements in our development review process and we want
to make sure that those improvements are codified in our DDC so that when we are referencing
our requirements or standards in our process, it is codified for not just the development
community but the general public as well. And we continue to look and hear from folks
that have feedback and input regarding DDC, the general public, development community,
PNZ, and city council. So we want to make sure that we address those issues with a required
code amendment if that is the resolution. We have identified a list of four categories
of code amendments. The first one is priority changes. The second one is substantive changes.
These are ones that we are looking for the DCRC to provide feedback and direction to
staff. We also have a set of code amendments that are referred to as the criteria manual
transfers. These are specifically texts and language and standards that are currently
in the criteria manual that we feel should be in the DDC. And then the last item, not
a high priority but something that we need to address are non-substantive changes, just
corrections, references that need to be included or were incorrectly referenced, and also any
additional language that would provide clarity as to make it clear to understand. I'm going
to go and share us a working document that we have and that we will be forwarding to
the DCRC. It is our list of code amendments, and as you can see, the references or the
document itself, you have it. You'll see that it's color coded, similar to what you've
seen in the PowerPoint slide. Anything black is non-substantive. Anything that is in purple
are criteria manual transfers. Anything that is green is what we've identified as substantive
changes. And then anything red are our high priority. And you can see as I scroll here
that as we look- Just talk about number one. Explain number
one. Number one, for example, is just one of those non-substantive changes. The reference
that we have in the DDC is wastewater, and it's separated. The right reference to this
is one word versus two words. So that is just a cleanup or a correction that we have identified.
And again, this is one of many. I think the majority of these code amendments are similar
in this nature, that they're just corrections. The same with number two.
I'm sorry, Ron. Also explain that each of those sections, each of those are numbered
out, and we'll get to what section it is when we get to those, but also we have the rationale,
so please. Correct, correct. So this is obviously, it's
numbered, and it's throughout the DDC, so it's not just one section. It's throughout
the DDC. This correction would apply. The same with this number two. We have a change
in the term site plan to zoning compliance plan, and that is the term that we're currently
using as part of our development review process, so we want to make sure that what we're telling
folks is consistent and is included in the DDC. Number three is more of a substantive
change, because we're changing the requirement for pre-applications currently, or as part
of the 2019, it's required to have a pre-application. However, we are changing that to a recommendation
rather than a requirement, so that is something that we will need from the DCRC as far as
direction, and again, we have the reasons associated with each of these. I'm gonna scroll
down so we can see ones that are per the section. So here's an example where you have the reference
section where we're amending section 1.3.4. What is being changed? Again, based on the
color, this is a substantive change, so we require or we want to hear from the DCRC to
move forward, and again, as you've seen, there's a reason to why these code amendments are
requested or recommended. Sometimes it's just a cleanup and part of the reasons why we're
doing code amendments. Sometimes there's some specific reasons why it needs to be changed.
So again, I won't go through this whole list. It's about 85 pages. There's a number of amendments
that are listed here and categorized. What we plan on doing is sending this to you all
in the near future with a big draft on it because it's still a draft, and it will give
you an idea of some of the items that we would like to bring forward, and again, it'll be
organized as we move forward by those categories that we've just summarized a little bit in,
which I will be sharing with you in a few seconds here. So does anybody have any questions
with regards to this document? Again, it is our working document, but we really wanted
to share it with you all so that you have an idea in advance of what staff is thinking.
Obviously, it will be a draft. All of this will be draft until we hear and get obviously
the direction and ultimately the consideration from the full council.
Ron, if I might piggyback on that. So this document, you'll be sent in its entirety,
so don't be scared because it's like 85 pages. The 85 pages, the vast majority are just corrections.
Another part to that is so this document, when it first goes out, will kind of be that
parent document. We'll keep that as a strike through and comment, so we'll know exactly
what has changed throughout the entirety. But if we get to a section that we agree on
how that's to move forward, we'll do a save as each week and send the updated document.
So as we work through this and we get 10 meetings into this and we want to know what happened
on a previous item that we'll be able to look at it and see it, but you'll have at least
the most current decision that was made by this committee before it goes to council and
ultimately in ordinance form. So it's a working document and just gives
you a good roadmap of this, the significant changes and what we're going to be doing.
So I'm going to go ahead and continue with the presentation. I think we've got a couple
more slides here. Just diving in a little bit more on these categories. The priority
change topics, some of these I know that the council had discussed in a prior work session.
We also want to take it to the Planning and Zoning Commission. So batch one is what we're
thinking of as far as items on the next DCRC meeting to get some input and feedback, which
will ultimately bring forward to the Planning and Zoning Commission and city council. After
batch one, we'll dive into batch two. And then again, those will be items that staff
will be requesting direction from the DCRC, again, ultimately to the PNZ and then city
council. Substantive changes, there is a number of
code amendments that are related to these types of code amendments. The first three
that you see here are ones that the DCRC has already discussed. So I don't anticipate a
lot of discussion. I know that there was a lot of already directions made and recommendations.
We just want to summarize that as we move forward with those code amendments. And then
go into the next set of code amendments as it relates to these categories or these listed
topics that you see here from subchapter two, which is the administrative and procedures
section, our subchapter, and then getting into more of the standards and the requirements
that you see here when it comes to the uses, landscaping, parking, and other site design
requirements. So again, a lot of these are substantive changes that we just really need
the DCRC to give us direction so that we can bring forward to the Planning, Zoning Commission
and city council. These are the criteria manual transfer topics. As you all know, we are working
and Becky's group has been working on identifying sections of the criteria manual for stormwater,
water and wastewater and looking at where those language and those requirements are
better suited and better included in the DDC. And so that is what these code amendments
will be. It's essentially just introducing those languages from the criteria manuals
into the DDC. We have similar topics or similar languages and texts from the transportation
criteria manual, the solid waste criteria manual, and also the electric service standards.
Wanted to include number six and number seven in this discussion just to provide you with
an overall comprehensive look at what we're trying to do with our documents that we use
in reviewing plans and design. We also have specifications and standard details that are
being currently being reviewed. And my understanding is that this is going to be being will be
brought forward to the full council for consideration in the near future. But it is a document that
we also look at when reviewing our plans and design that are submitted to the city. Lastly,
number seven is a development handbook where there is a lot of our processes that are not
necessarily in the DDC per se, but are helpful for our general public, our development community,
and this is something that we're working as well. So ultimately our goal is to have all
of these included in either to the DDC or part of the criteria manual where it's a little
bit more concise, less duplicative, and it's easier for everyone to understand. The last
here is just the non-sensitivity changes, and we saw some examples of that earlier.
Again, just typos and correcting references that are obviously were not correct. This
is the schedule that we are planning on having. Obviously, we are pretty tight in trying to
get them done, but we want to at least try to get them as much done as possible that
is. There may be some that will have to fall to the next year, but as we continue through
this effort, we want to make sure that you all know the schedule, and if we need to provide
updates, we can certainly do that. But we want to tackle the priority changes first,
get into the substantive changes, and then hitting the criteria manual transfers as well,
and throughout all this, the non-substantive changes will be discussed throughout our meetings
that we have with the DCRC. That concludes my presentation, and again, just wanted to
thank you all for participating in this effort, and as we start to schedule the meetings that
we have already discussed, we will make sure that you have the information well in advance,
and we will be presented to you in a clear format so that, again, we can get your input
in direction.
>> Councilmember Briggs.
>> I have a few questions, Ron, going back to the presentation. On page 10, I mean page
9, I think it had HLC and ZBA listed as composition changes, and I'm wondering, did that or did
those suggestions come from those boards, or did it come from -- where are those changes
coming from?
>> Sure. Let me pull that up so we can see that real quick.
>> There were legislative changes that are prompting some of this.
>> Okay.
>> So for the ZBA specifically, there was a House bill that was passed. We want to make
sure that the procedure section was included in the DDC as a result. As far as the composition,
when we tried to amend the DDC back in 2019, there were things that we were going to include
into the code of ordinances where some of these boards and commissions composition are
located. However, we felt that it should be further clarified, specifically with the HLC
as part of the DDC as well. So it's more or less a cleanup, nothing new specifically
that we're trying to introduce. It's more or less making sure that it's covered in the
DDC. We'll obviously make sure, and we have meetings scheduled with the ZBA and HLC next
month in November, and we will be sharing with them some of what we're proposing to
add into the DDC as it reflects their board and their commission.
>> Okay. Thank you. Chair, I have one more question. On page 10, about the criteria manuals,
and just help me remember, because I thought that we had specific direct you to those manuals
because they're updated more regularly, and so I'm wondering why we're going back and
integrating those into the text of the code unless I'm misunderstanding something.
>> No, you're spot on. We had some concerns that were expressed through legal that some
of these provisions need to be in the code, and that's why we're going to talk through
those with the committee. >> Okay. So they'll just be pulled out of
that and into the code, and then -- >> Correct. We won't necessarily lose anything.
It's just where's the appropriate document for those components to be. So some of that
will be in the criteria manual, and others of it will be within the code.
>> My understanding is that those criteria manuals will continue to be reviewed annually,
and if there is a need for an ordinance to amend it, that will also be done again as
needed. >> Okay. Thank you.
>> I might also suggest, Ron, on the slides, because we are being televised, that people
may have questions, if -- whether it's your email address or planning@cityofdenton.com,
that every one of the slides has a line on there that, if you have questions, email this,
and then we can monitor that as well. So not necessarily as live, but certainly if we have
individuals that are viewing this, that they're able to easily get to whoever they need to.
>> We'll make sure that happens. >> Councilmember Riggs?
>> I just have one last question. I know that in the introductions, we learned about a new
law firm, and that's helping us. The last time we did this, we had, I think, was it
Ms. McDonald from a different law firm? Was that -- is she going to be involved in this
update or no? >> No. I believe we're just going to be using
Borquez, and I don't know if Erin wants to speak to any of that or not, but currently,
that's who we're utilizing. >> Okay.
>> I can answer that, Councilmember Briggs. A lot of the work, as was explained to me,
were primarily related to actually planning issues, not necessarily legal issues. Robin
Meagher is an actual planner that happens to work in a law firm, so that's why we went
to the Borquez law firm, and a lot of the legal issues, you know, we can -- if they
do arise, we can handle those internally as well.
>> Okay. Thank you for that. >> Anyone else? Additional questions? Ron,
did you have anything else, or is that -- >> That's all we have. As far as input needed,
I think we got as far as the meetings regarding when, how long, and start time and weekly
meetings. So we'll start to push that as soon as we can get some calendars in place and
send you all some surveys so that we can get going on these code amendments.
>> I'd like to just personally, again, thank all of you. Certainly, it was quite daunting.
We hope this is going to be much more simpler. We hope that the format that we're going to
provide to you will create that ease, at least that you have, you know, the changes before
you and the intent of what that is, and certainly give you opportunity to review the material
in advance. Happy to build the agenda around the committee and, you know, how we move forward.
Want to make this as fluid and simple as possible and just expedite as much as we can to get
it done and get it done right. But thank you.
>> Thank you, Scott. We do have concluding items on here. Anybody have any concluding
items? All right. Then we will adjourn at 1148. Thank you, everyone.
>> Thank you, everyone. Thank you.