[1. CALL TO ORDER]
[00:00:21]
>> THIS FOR THE PURPOSE OF SEEKING LEGAL ADVICE OF CITY ATTORNEY ON ANY ITEM HEREIN AND THE CITY DESERVES THE RIGHT TO RECONVENE OR REALIGN AND CALL EXECUTIVE SESSION OR ORDER OF BUSINESS AT ANY TIME PRIOR TO ADJOURNMENT TO PROVIDE THE MEETING. (READING.
PLEASE SPECIFICALLY STATE WHETHER YOUR COMMENT IS REGARDING A SPECIFIC AGENDA ITEMING TO THE COMMISSION AND YOUR COMMENT WILL BE READ INE PLEASE PULL THOSE OUT AND HAND THEM TO SUSAN. LET CALL THIS MEETING TO ORDER.
[2A. Orientation for the Planning and Zoning Commission Members.]
WE HAVE A QUORUM AND SECOND ITEM ON THE AGENDA WILL BE THE WORKSESSION. >> GOOD EVENING, COMMISSIONERS AND IT'S MACE NICE TO SEE SOW FACES AND I WOULD LIKE TO INTRODUCE OUR DESIGN TEAM. THIS IS OUR DEVELOPMENT REVIEW TEAM THAT SITS HERE, LESS ONE INDIVIDUAL.
I HAVE OUR DESIGN MANAGER AND OUR ADMINISTRATOR AND OUR URBAN DESIGN OFFICER AND WITHOUT THIS TEAM, HE WON AND YOU WON BEE GETTING ALL OF THIS INFORMATION. MY GOAL IS TO PROVIDE SOME INSIGHT WHEN NEEDED AND TO BE THERE FOR STICKY WICKETS AND I THINK I SAW JEFF. JEFF IS OUR ASSISTANT DIRECTOR OF ENGINEERING AND HE JOINS US, AS WELL, WHEN THERE ARE SPECIFIC QUESTIONS WITH CIVIL ENGINEERING MATTERS THAT NEED TO BE ADDRESSED. I'M HAPPY TO SEE EVERYBODY AND I'M EXCITED ABOUT THE NEW MEMBERS THAT WE HAVE, SO WELCOME. I'M THE MANAGING DIRECTO OF ENGINEERING AND DEVELOPMENT AND I WANTED TO TAKE A FEW MINUTES OF YOUR TIME THIS EVENING AND CHAT A LITTLE BIT ABOUT THE PLANNING AND ZONING COMMISSION AND JUST HAVE AN ORIENTATION.
THROUGH THE COURSE OF THE YEARS, WE WOULD LIKE TO HAVE REGULAR UPDATES WITH YOU, BASICALLY SOME TOUCH POINTS AND MORE IMPORTANTLY DO SOME COURSES ALONG THE WAY OR DISCUSS NEW LEGISLATION THAT COULD POTENTIALLY IMPACT US AND YOURSELVES AS IT RELATES TO YOU IN YOUR CAPACITY AS A RECOMMENDING BODY TO THE CITY COUNCIL.
SO WITH THAT, I WANT TO DIVE INTO IT.
IT'S RATHER LENGTHY, BUT IT DOES TAKE SPECIFIC POINTS AS IT RELATES TO THE PLANNING AND ZONING COMMISSION AND WHY DO YOU HAVE A PLANNING AND URBAN DESIGN STAFF AND WHY DO WE DO WHAT WE DO AND WHY DO YOU DO WHAT YOU DO? SO BEAR WITH ME AND WE'LL DIVE INTO IT.
AS YOU KNOW, THOSE MEMBERS IN FRONT OF YOU, RESPONSIBLE FOR APPOINTING YOURSELF INTO THE PLANNING AND ZONING COMMISSIONER AND YOUR TASKING WITH REDEVELOPMENT AND BUILT-IN ENVIRONMENT AND YOU WILL NOTICE% THAT A LOT OF OUR REPORTS ADDRESS THOSE SPECIFIC ELEMENTS AND IT IS COMPROMISED OF SEVEN ALTERNATE MEMBERS AND THERE'S A TWO-YEAR TERM.
AND THERE'S THREE CONSECUTIVE ONE-YEAR TERMS. AND THE APPOINTMENT PROCESS YOU'VE GONE THROUGH, THE INTERVIEWS AND ALL OF THE FUN QUESTIONS THAT HAPPEN AT THAT TIME AND YOU HAVE A VARIETY OF ROLES AND RESPONSIBILITIES AND I THINK THEY'RE BETTER DEFINED. CITY COUNCIL RELIES ON YOURSELVES WITH WHATEVER YOUR RECOMMENDATION THAT COMES FORWARD AND YOU HAVE FUNCTIONS AS IT RELATES TO SPECIFIC ITEMS AND I'LL GET TO THAT. YOU ALSO HAVE A DECISION-MAKING ROLE, AS WELL, AS IT RELATES TO SPECIFIC APPROVALS OR
[00:05:05]
DISAPPROVALS. WITH THAT, LET'S TALK ABOUT HOW WE CONDUCT BUSINESS AND I'LL HAVE THE ORDER.YOU THINK IT'S TRICKY AND WE TRY OUR BEST TO STICK TO THEM FROM A POINT OF ORDER PERSPECTIVE AND IT'S VERY EASY TO SAY, NO, I THINK THIS IS WHAT THE RULES MEAN, AND THIS COMMISSIONER IS TRANSPARENT WITH MAKING RECOMMENDATIONS AND FOLLOWING THROUGH ON THIS AND SO IT'S SOMETHING THAT WE ARE AWARE OF AND IT IS A STANDARD OPERATING PROCEDURE.
SO THE AGENDA THAT'S BEFORE YOU IS ACTUALLY POSTED A MINIMUM OF 72 HOURS AT CITY HALL. AND WE MAKE SURE THAT IT IS ACCESSIBLE BY THE PUBLIC AND AGAIN, I MENTIONED WE WILL GO BY THE PUBLIC, ACCESSIBLE BY THE PUBLIC AND ALL OF OUR MEETINGS ARE IN FRONT OF THE PUBLIC AND MEETINGS ARE TYPICALLY HELD HERE IN THIS BUILDING AND WE DO BROADCAST OUR MEETINGS AND DO STREAM IN REAL-TIME. WHEN THE ZONING COMMISSION NEEDS TO SEEK LEGAL COUNCIL, THEN YOU MAY CONVENE INTO EXECUTIVE SESSION TO HAVE CONVERSATION WITH YOUR ATTORNEY TO DISCUSS AN ITEM THAT IS PUBLIC ON THE AGENDA AND I THINK WE'VE HAD THAT HAPPEN ONCE HERE AT THE PLANNING AND ZONING COMMISSION AND NOT MORE THAN THAT. BUT THE GOAL IS NOT TO HAVE TOO MANY AND IT'S TO BE AS TRANSPARENT AS POSSIBLE.
IT'S OPEN MEETINGS ACT. THIS CAME ABOUT IN 1967 AND YOU WILL HEAR STAFF MENTION THE TEXAS LOCAL GOVERNMENT CODE FREQUENTLY AND THERE ARE PROVISIONS IN THE OPEN MEETINGS ACT AND THERE IS REQUIRED TRAINING AND EVERYBODY HAS TRAINING AT TMZ AND YOU MUST BE COMMITTED AND WE TALKED ABOUT THAT AND I CAN TELL YOU THAT THE PUBLIC TESTIMONY SECTION OF THE AGENDA, OUR MINUTES ARE RECORDED AND THEY ARE MAINTAINED AND WE ALSO HAVE NOTICE OF THE MEETINGS.
THE NOTICE OF THE MEETINGS STATES THAT IF IT'S A DESIGN CHANGE, YOU POST THE AGENDA AND THEN CLOSE THE EXECUTIVE SESSION FOR CONSULTATION WITH THE ATTORNEY.
SO WHY IS THIS IMPORTANT? IT'S IMPORTANT FOR THREE REASONS. ONE IS TRANSPARENCY AND TOO IS CONSISTENCY AND THREE IS ACCOUNT ACCOUNTABILITY MAKES UP THE STAFF THAT ASSISTS YOU AND THESE ARE CRITICAL ITEMS, IN OUR OPINION. THIS NOT ALWAYS EASY BEING A CHAIRPERSON WITH MOTIONS AND THE AMENDMENTS AND IT'S A TOUGH JOB, QUITE FRANKLY, IF YOU ASK ME. THE CHAIRPERSON IS THE PRESIDING OFFICER AND THE DECORUM IS MAINTAINED.
YOU CALL THE MEETING TO ORDER AND READ IT AND RECOGNIZE THE SPEAKERS AND RECOGNIZE THE CITY STAFF AND COMMISSIONERS AND YOUR GOAL IS TO GUIDE THE DISCUSSION AND SEEK OPINION AND CONSIDERATION BY THE COMMISSIONER.
AND PUBLIC PARTICIPATION, THIS IS KEY FROM A, I'LL SAY PLANNING STANDPOINT AND OUR GOAL IS TO MAKE SURE OUR COMMUNITY KNOWS WHAT'S GOING ON AND WE TRY TO MAKE SURE WHATEVER WE COMMUNICATE TO OUR RESIDENTS OR BUSINESS OWNERS, WHETHER IT'S IN THE FORM OF A NOTIFICATION, SUCH IN THE PUBLIC NOTICE THAT GOES OUT OR MEETING, FOR EXAMPLE, WE WANT THEM TO KNOW WHAT'S GOING ON, BUT MORE IMPORTANTLY, IT IS FOR -- WE FEEL IT'S CRITICAL THAT WE HAVE A VOICE AND WE STRONGLY ENCOURAGE THE CITIZENS, BUSINESS OWNERS, RESIDENTS, TO COME TO THE PUBLIC MEETING AND VOICE CONCERNS, YOU KNOW, WHETHER THEY'RE FOR OR AGAINST
[00:10:02]
SOMETHING, BUT IT'S IMPORTANT TO HAVE THE CONSEQUENCE WITH YOURSELVES. SO CITIZEN INPUT IS AN ITEM ON THE AGENDA THAT WE HAVE AT EACH MEETING AND ALLOWS AN INDIVIDUAL TO ADDRESS THE COMMISSION OR GROUP OF INDIVIDUALS TO ADDRESS THE COMMISSION ON ANY TOPIC, ON A INSPECTION AGENDA ITEM THAT'S PUBLISHED OR GENERAL COMMENT AND THREE ARE LIMITED TO THREE MINUTES. SOME OF US HAVE SEEN THAT AND THIS COMMENTARY CAN BE SUBMITTED PRIOR TO THE MEETING AND READ INTO THE RECORD BY STAFF OR DELIVERED IN-PERSON.AGAIN, AS IT RELATES TO THIS COMPONENT, THE COMMISSION CAN ACT ON ANY ITEM OR CANNOT ACT ON ANY ITEM OR DISCUSSION POINT THAT COMES UP IN THIS SECTION OF THE AGENDA.
PUBLIC HEARINGS, NOT ALL OF OUR AGENDA ITEMS REQUIRE PUBLIC HEARING AND I'LL GET INTO WHAT THOSE ARE AND IT IS AN OPPORTUNITY FOR THOSE SUPPORTING AN AUTO TO PRESENT INFORMATION AND CONVERSELY,S AN OPPORTUNITY FOR THOSE OPPOSED TO PRESEN INFORMATION. THIS COMMENTARY IS LIMITED TO THREE MINUTES WITH THE EXCEPTION OF THE APPLICANT WHO GENERALLY HAS MORE TIME DO THAT. AND THIS PUBLIC HEARING IS OPEN AND CLOSED BY THE CHAIRPERSON AND WE'LL GO THROUGH THAT IN A SECOND. COMMON AGENDA ITEMS. I'M SURE WHAT YOU SEE UP THERE, THE PLANNING AND ZONING COMMISSIONER COMMISSION ACTS ON THE FOLLOWING ITEMS, A ZONING ACTION. IT IS A CREATION OF PLAN DEVELOPMENTS AND SPECIAL USE PERMITS AND YOU ACT ON SUBDIVISION AND VARIANCES AND VARIANCES ARE TYPICALLY DEVIATION AND ORDINANCES AND FORM-BASE CODE AND PUBLIC HEARING ITEMS AND YOU ACT ON THAT AND IT DOES NOT REQUIRE A NOTIFICATION. YOU ARE PRIVY TO TREE REMOVAL PERMITS AND SO LET'S TALK ABOUT ZONING AND I THINK THIS IS EXCITING AND OUR ZONING ANALYSIS IS TO ENSURE CAPACITIABILITY AND COHESIVENESS. SO ZONING IS A PROCESS OF DIVIDING SPECIFIC DOCUMENTS. YOU DON'T SEE HUGE CHANGES IN OUR THAT IS WHY STAFF TRIES TO PROVIDE AN IN-DEPTH ANALYSIS AS IT RELATES TO THIS ACTION.
SO THE COMPREHENSIVE PLAN IS A GUIDING TOOL THAT TALKS TALKR DETERMINES WHAT TYPES OF FUTURE LAND USES ARE ENVISIONED IN SPECIFIC AREAS. IF A FUTURE PLAN REFLECTS A FUTURE LAND USE -- LAND USE AND ZONING IS DIFFERENT FROM A COMPREHENSIVE STANDPOINT. BUT IF THERE IS A CHANGE OR A DISCREPANCY, YOUR ZONING PROCESS AUTOMATICALLY IS APPROVED TAKES THAT INTO CONSIDERATION AND YOUR COMPREHENSIVE PLAN CHANGES WITH THA. AND THE ZONING DOCUMENT ITSELF SETS UP PARAMETERS ON HOW TO DEVELOP A PROPERTY AND YOU WILL NOTICE IN OUR REPORTS, WE TALK ABOUT THE DEVELOP CODE STATES THAT BUILDING HEIGHT SHALL BE X OR LOT COVERAGE SHALL BE WHY AND IT IS BUILT BETWEEN THESE FEET AND THESE FEET AND THOSE ARE YOUR DEVELOPMENT CRITERIA THAT ARE ALREADY ESTABLISHED BY CODE.
NOW, I MENTIONED THE FORM-BASED CODE AND THE DEVELOPMENT CODE AND THAT'S BECAUSE THE CITY HAS TWO DEVELOPMENT CODES.
AND ONE IS YOUR DEVELOPMENT CODE WHICH FOLLOWS ONE STYLE OF ZONING AND IN LAY TERMS, IT'S A GRID PATTERN.
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BUT THE FOUR-BASED CODE ON THE FOLLOW-UP SIDE IS A MORE DESIGN OVER LAND TYPE PROGRAM AND THE FOUR-BASED CODE IS WHERE WE HAVE THE NORTH SHORE AREA AND YOU HAVE A FEW OPPORTUNITY YEARS AND THE REST OF THE CITY FALLS UNDER THE PROJECT DEVELOPMENT CODE.THE CHANGE IN ZONING ULTIMATELY IS A PUBLIC HEARING PROCESS AND ACTION IS REQUIRED BY CITY COUNCIL.
BUT PRIOR TO THAT, YOU HAD THE OPPORTUNITY TO ASSESS AND PROVIDE A RECOMMENDATION WHICH IS THEN FORWARDED ONTO CITY COUNCIL. NOW THE TEXAS LOCAL GOVERNMENT CODE IS CLEAR THAT IF YOU HAVE A PLANNING AND ZONING COMMISSIONER, THEY MUST OFFER UP A RECOMMENDATION TO THE CITY COUNCIL AND I THINK IT'S A VERY SOMETIMES DIFFICULT POSITION TO% BE IN AS A PLANNING AND ZONING COMMISSION AND I THINK IT'S A HUGE RESPONSIBILITY, BUT WE LEAN ON YOU, COMMISSIONERS, BECAUSE WE WANT TO EXPLAIN TO YOU WHY WE IT'S FORMATIVE.
THEY CAN ACT HOW THEY CHOOSE AND OUR RECOMMENDATION RELIES ON TEN RECOMMENDATIONS AND YOU TAKE THAT INTO CONSIDERATION.
SO REZONE PROPOSAL. THIS TYPE OF PROPOSAL IS GENERATED FROM THE PROPERTY OTHER THAN OR A POTENTIAL DEVELOPER AND WHEN A ZONING APPLICATION IS PUT FORWARD, WE HAVE AN APPLICATION FORM THAT SHOWS THE PROPERTY OWNER AGREES TO THE ZONING. IT'S A NOTARIZED COPY AND WE HAVE AN AFFIDAVIT THAT ARTICULATES THAT THE OWNER KNOWS WHAT'S HAPPENING. AND ONCE A ZONING APPLICATION IS SUBMITTED, A VIEW IS CONDUCTED WITH THE REVIEW TEAM AND WE HAVE A DEVELOPMENT REVIEW COMMITTEE CALLED THE DRC AND YOU HAVE PRIMARY REVIEWS AND OUR ENGINEERING DEVELOPMENT, OUR PLANNING AND DESIGN TEAM, NEIGHBORHOOD PLANNING, PARTS AND REC, SERVICES, BUILDING, PUBLIC WORKS AND THE FIRE DEPARTMENT ALL HAVE INPUT ESPECIALLY WHEN THERE IS A CONCEPTIONAL SITE PLAN WITH THIS ACTION. AND WHAT DO THEY LOOK AT? THEY LOOK AT BUILDING CODE REIMBURSEMENT REQUIREMENTS AND THEY LOOK AT FIRE SAFETY CODES AND FIRE CODES AND YOUR INFRASTRUCTURE PROGRAMS AND YOU HAVE TO DETERMINE ALL OF THOSE ELEMENTS SO THERE ARE NO SURPRISES TO THE CHANGES TO THE DEVELOPER ON WHAT THEY HAVE DO? A PUBLIC NOTICE IS SET WITHIN 200 AND 500 RADIUS. NOW THE LOCAL GOVERNMENT CODE DOES NOT REQUIRE 500-FOOT NOTICE.
WE ENGAGE MORE RESIDENTS WITHIN THIS PROCESS.
AS I MENTIONED TO YOU EARLIER, I MAKE SURE WE ARE ALL ENGAGED WITH OUR OUR COMMUNITY. WE PLACED A SIGN ON THE COMMUNITY AND THE PUBLICATION FOR THE DALLAS NEWS IS A REQUIREMENT AND WE MAKE SURE THAT'S DONE AND WHEN WE DO OUR NOTICES TO THE PROPERTY OWNERS, WE ATTACH A CONCEPT FUND AND WE ADVISE THEM WHEN A COUNCIL MEETING IS SCHEDULED.
THE REZONING PROPOSALS, THAT'S A LOT OF INFORMATION THERE AND THEY SET UP TEN QUESTIONS AND THEY EVALUATE WHEN CONSIDERING A ZONING CHANGE AND THESE ELEMENTS ARE BY THE TEXAS LOCAL GOVERNMENT CODE AND I DON'T KNOW HOW MUCH TIME I HAVE.
DO I HAVE TIME TO GO THROUGH ALL OF THESE? THERE'S A CLOCK RIGHT THERE AND I HAVE A FEW MINUTES.
>> YOU HAVE THREE MINUTES. >> AND SO ONCE YOU REVIEW THESE TEN ELEMENTS, YOU'RE IN A POSITION TO THEN DETERMINE WHAT YOUR VOTE SHOULD BE AND THOSE ARE ALWAYS REFERENCED IN YOUR
PLANNING REPORT. >> YOU'RE DONE.
I'M GOING TO SIT HERE AND GO THROUGH THIS AD NAUSEUM.
I MENTIONED THE TEN POINTS TO YOU AND THOSE ARE ALSO CLEARLY ARTICULATED IN THIS REPORT AND THE GOAL OF THE REPORT IS TO PROVIDE YOU CONCISE INFORMATION RELATED TO THE REQUEST FROM SITE
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DATA AND ACCESS TO USE OF THE PROPERTY ON THE PROPOSED AND EXISTING ZONING AND THE COMPATIBILITY OF THE PROPOSED REQUEST WITH THE SURROUNDING LAND USE AND THE IMPLICATIONS COMPREHENSIVE PLAN AND THEY ARTICULATE OR DESCRIBE WHAT IS GOING ON WITH THE PROJECT AND FROM THERE, RECOMMENDED ACTION AND A DRAFT THAT IS JUST FOR YOU.AND ACTION OF THE COMMISSION, SO THAT IS ONE ACTION AND YOU CONSIDER THE INFORMATION IN THE STAFF REPORT AND YOU TAKE INTO CONSIDERATION PUBLIC TESTIMONY AND YOU ASK THE QUESTIONS AND YOU DISCUSSION AND DELIBERATE AMONGST YOURSELVES OR ACT AND MAKE AND APPROVE A MOTION AND MAKE A RECOMMENDATION AND FROM THERE, THAT MEDICATION GOES N GOINGS TO CITY COUNCIL WHERE HAVE AN OPPORTUNITY TO TABLE IT OR POSTPONE.
AND OFF ASSUME THE MAJORITY OF THE CITY COUNCIL IS REQUIRED WHEN YOU HAVE OPPOSITION OF 20% OR MORE OF THOSE THAT HAVE BEEN NOTIFIED AND THERE IS ACTUALLY A UNIQUE ELEMENT ADOPTED IN 2018 WAS IF THERE IS A USE UNANIMOS RECOMMENDATION FROM THE ZONING COMMISSION, THE CITY COUNCIL CAN ONLY APPROVE IT WITH A UNANIMOUS APPROVAL AND THE REASON WHY THAT HAPPENED WAS THE COUNCIL DELIBERATED ON THIS AND THEY SAID CLEARLY ARTICULATED THEY VALUE THE ZONING RECOMMENDATION VERY HIGHLY AND THAT'S WHY THEY PUT THIS CAVEAT IN THE ORDINANCE.
I CAN'T EMPHASIZE ENOUGH THAT APPLYING THAT IT IS INTENDED ACCOMMODATE VARIOUS USES THAT MAY BE DEVELOPED AS INTEGRATED LAND USES AND YOU HAVE -- I KNOW THIS WORD IS RATHER AMBIGUOUS, BUT TYPICALLY, YOU HAVE HIGH DEVELOPMENT STANDARDS ASSOCIATED AND YOU INTEGRATE UTILIZATIONS THAT RESULT IN A BETTER QUALITY IN LIFE OR BETTER QUALITY IN SUSTAINABLE DEVELOPMENT AND SO, IF YOU KNOW THIS, WE LOOKED AT QUITE A FEW ZONING APPLICATIONS IN THE PAST AND THESE WERE THE ELEMENTS WE BROUGHT FORWARD.
THE PRIME DEVELOPMENT DISTRICT ENAUTOMOBILED YOU DISTRICTENABLED EN ABLED YOC TO THIS ITSELF.
AND DEVELOPMENT STANDARDS BECOME REQUIREMENTS AND THAT BECOMES SELF SUSTAINED. AND SPECIAL USE PERMITS.
SO A SPECIAL USE PERMIT, BASICALLY, IS A WAY TO ASSESS THE VIABILITY OR THE COMPATIBILITY OF A SPECIFIC USE WITHIN A ZONING DISTRICT AND SO A ZONING ORDINANCE WHAT THEY CALL A SCHEDULE OF COMMITTED USES.
AND SO YOU WILL SEE IN SOME SECTIONS, CERTAIN USES ARE PROHIBITED AND SOME DISTRICTS, SOME COULD BE ALLOWED.
AND WHAT THAT DOES, IT ENABLES YOU TO CONDUCT ADDITIONAL ANALYSIS BASED ON FACT ASSESSMENT ON THE IMPACTS OF THAT USE WITHIN THE YEAR THAT IT'S PROPOSED IN RELATIONSHIP TO THE FUTURE DEVELOPMENT OF THAT ZONING YEAR, FOR EXAMPLE.
IT'S AN EXTRA LAYER. AND MORE IMPORTANTLY, IT DOES ALSO ENGAGE THE COMMUNITY TO COME UP.
SO, FOR EXAMPLE, IN SINGLE-FAMILY ZONING DISTRICTS, IT'S PERMITTED WITH AN SUP AND SO THROUGH THAT, YOU CAN DETERMINE WHAT TYPE OF DAYCARE IT IS AND WHAT IMPLICATIONS IT HAS ON THE BUILT-IN ENVIRONMENT. YOU CAN LOOK AT SIGNAGE AND YOU CAN LOOK AT LIGHTING AND YOU CAN LOOK AT HOURS OF OPERATIONS AND THERE ARE A LOT OF OPPORTUNITIES WITH SUP'S.
AND PLATS, THIS IS, I THINK, AN INTERESTING ONE, BECAUSE THIS IS MINISTERIAL ROAD YOU HAVE. UNDER THE TEXAS GOVERNMENT CODE, YOU WERE DESIGNATED AS THE BODY FOR PLATS AND IF IT COMES BEFORE YOU, YOU SHALL APPROVE IT IF ITT ALL ORDINANCES WOULD BE THOSE
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TYPES OF THINGS. YOU CAN APPROVE IT, APPROVE IT WITH CONDITIONS OR DISAPPROVE IT AND I'LL GET TO THAT IN A SECOND. A COUPLE OF YEAR AGO, THE STATE ADOPTED A SHOT CLOCK AND WE HAVE 30 DAYS TO APPROVE A PLAT AND ARE IS A ONE-TIME EXTENSION ALLOWED, BUT THAT HAS TO BE ACTED UPON YOURSELF AND YOU WOULD HAVE TO TAKE ACTION ON THAT. HOWEVER, ONE A PLAT COMES BEFORE STAFF, AS YOU SAW AND MENTIONED IN THE REVIEW COMMITTEE, THAT REVIEW COMMITTEE ASSESSES THE PLAT AGAINST THE LOCAL GOVERNMENT CODE AND ALL RELEVANT REIMBURSEMENTS AND YOUR CIVIL OR ENGINEERING REQUIREMENTS, YOUR BUILDING CODE REQUIREMENT -- I BEG YOUR PARDON. IF THE FLAT PLAT MEETS REQU*, THE PLAT HAS TO BE APPROVED AND THEN IT'S PLACED ON A CONSENT ITEM AGENDA UNLESS YOU ARE THERE SEEKING YOUR APPROVAL TO EXTEND THE PLAT OR THERE ARE ADDITIONAL ELEMENTS AS A WAIVER OR THOSE TYPES OF THINGS. AND IN THIS CASE, IF IT COMPLIES WITH ALL REQUIREMENTS AND THE STAFF IS RECOMMENDING APPROVAL BECAUSE IT COMPLIES, THEN ABSOLUTELY, THAT IS THE MINISTERIAL OPTION AND IN SOME CASES, THEY'RE DENIED BECAUSE THEY DO NOT COMPLY. IT'S NOT THE ROLE OF THE COMMISSION TO REVIEW THE PLAT FROM A TECHNICAL STANDPOINT.ALL THOSE TEMPERATURE CONDITIONS HAVE BEEN REVIEWED AND CONFIRMED BY STAFF UNLESS WE PRESENT OTHERWISE.
SUFFICIENTLY ENGINEERING TERMS HAVE BEEN RELEASED AND INFRASTRUCTURE INSTALLED AND ACCEPTED TO THE FINAL PLATS AND THE CITY, WHEN IT COMES TO FINAL PLATS ENSURES THAT ALL OF THE INFRASTRUCTURE HAS BEEN INSTALLED AND ACCEPTED BY THE CITY AND THEN WE GO INTO A FINAL PLAT.
>> SO YOU'RE TELLING US THAT WE COULD HAVE A FINAL PLAT PRESENTED TO US THAT DOES NOT MEET ALL OF THE TECHNICAL REQUIREMENTS BUT THE PERSON WHO IS APPLYING IS ASKING FOR A
SO NEXT DAY WE HAVE A FINAL PLAT THAT IS SCHEDULED FOR YOUR AGENDA. UNFORTUNATELY, THEY WERE UNABLE TO MAKE THE REQUISITE PROVISIONS AND THEY CAN COME TO YOU BECAUSE OF THE 30-DAY SHOT CLOCK AND COME TO YOU AND REQUEST AN
EXTENSION. >> I THOUGHT YOU MEANT BECAUSE
OF A WAIVER. >> THERE'S A PLAT THAT COMES FORWARD AND THEY NEED A WAIVER ASSOCIATED WITH IT AND WE WILL POP IT ON UN-CONSIDERABLE EVALUATION AND YOU CAN DENY IT AND THEN YOU DENY THE PLAT AND THAT'S HOW -- SO IF YOU CHOOSE TO DENY THE WAIVER -- NOW, CAN YOU BREAK UP THOSE TWO ITEMS? ABSOLUTELY. AND SOMETIMES FOLKS ARE IN A RUSH AND WANT TO MOVE FORWARD. WITH THE SAME DISCUSSION OR THE TWO DISCUSSION ITEMS ON TOPIC. NOW, IF STAFF RECOMMENDS DENIAL, WE WILL CITE THE REASONS AND THE SECTIONS.
AND YOU DON'T REALLY SEE VERY MANY OF THOSE.
I MISSED SOMETHING. NOW THERE ARE TIMES WHEN YOU WILL NOT SEE A PLAT AND THOSE ARE ADMINISTRATIVELY APPROVED, AMENDING PLATS AND MINOR PLATS AND NOT REQUIRING A CREATION OF NEW STREETS OR EXTENSION OF SERVICES.
SO SOMETIMES YOU HAVE A PROMPT THAT HAS ALL OF THE INFRASTRUCTURE IN PLACE AND FEWER LOTS, YOU DON'T NEED TO
SEE IT. >> BUT IN THAT CASE, JUST REAL QUICK, IN THAT CAUSE, FOUR LOTS, THEY ALL HAVE TO FRONT THE EXPOSING EXIST EXISTING STREET.
>> YES. >> YOU COULD TAKE A DEEP PLAT, CUT IT IN HALF OR ONE BEHIND THE FRONT?
>> THAT WOULD REQUIRE IT. THANK YOU.
>> NOW, THERE ARE OTHER ASPECTS OF REPLATES, REPLATES AND RESIDENTIAL DISTRICTS WHERE, YOU KNOW, YOU HAVE TO NOTIFY PROPERTY OWNERS -- IF YOU RECALL TWO YEARS AGO, YOU WOULD HAVE A PUBLIC HEARING ON REPLATES AND THAT IS NO LONGER REQUIRED AND THOSE ARE THEADJUSTMENTS AND WHEN INDIVIDUALS HAVE -- THEY FIND THAT THERE ARE CONSTRAINTS ON THEIR PROPERTY TO NOT COMPLY WITH THE REQUIREMENTS, THEN THEY CAN COME FORWARD WITH THE
[00:30:01]
VARIANCE AND WHAT YOU SEE ARE MAJOR ONES, THAT'S WHAT WE ADDRESS AND A FEW COME BEFORE YOU AND THE LANDSCAPE PLANS OR SOMETHING ELSE THAT YOU SEE ONCE OR TWICE AND I DO WANT TO ITERATE, WHEN IT COMES TO ALTERNATE LANDSCAPE PLANS, IT'S ONE HAND, YOU'RE LOOKING AT SOMEONE WHO IS WANTING TO DO SOMETHING WITH THE PROPERTY. BUT I DO WANT TO EMPHASIZE THAT STAFF RECOMMENDATION IS BASED ON ASSESSMENT OF THE DEVELOPMENT, THE CURRENT CONDITIONS, FUTURE DEVELOPMENT FOR THE PROPERTY AND WHAT WE WANT DO IS MAKE SURE THAT WE ADDRESS ALL OF THE ELEMENTS OF CODE AS IT RELATES TO THE REQUIREMENTS.AGAIN, YOU WILL SEE THAT OFTENTIME, STAFF RECOMMENDATION IS RIGID AND LANDSCAPE PLANS WILL PROVIDE AN ALTERNATE MEANS BY ADDITIONAL ELEMENTS. I JUST WANT TO CLARIFY, THAT IS YOUR DECISION AND STAFF WILL ALWAYS PROVIDE THAT YOU ARE ABLE
TO MAKE THAT DECISION. >> WE APPRECIATE THAT.
>> AND FROM TIME TO TIME, YOU WILL SEE CODE AMENDMENTS AND THAT'S TO THE DEVELOPMENT CODE AND THAT DOES REQUIRE A PUBLIC HEARING AND RECOMMENDATION TO CITY COUNCIL AND YOU WILL SEE COMPREHENSIVE UPDATES AND WE ARE ANTICIPATING ONE IN 2022 AND FINGERS CROSSED AND WE CAN DO THAT IN '23, I BELIEVE.
>> THAT'S A COMPREHENSIVE PLAN. >> AND WE'RE LOOKING AT AMENDING THE DEVELOPMENT CODE AS EARLY AE INITIATING INITIATE A KICK-OFF SOON. IN FACT, IF WE DO NOMINATE SOME OF YOU, DON'T BE SURPRISED AND WE WILL JUST PUT YOUR NAME ON THE LIST. DEVELOPMENT PLANS, YOU HAVE TO APPROVE THOSE IF YOU HAVE ONE LARGER THAN 25,000 SQUARE FEET IN YEAR AND MULTIPLE BUILDINGS AND THE TOTAL YEAR EXCEEDS 25,000 SQUARE FEET AND ANY PLAN REFERRED TO THE COMMISSION BY THE DIRECTOR SO WE HAVE THE OPPORTUNITY TO DEFER PLANS TO YOU AND ANY DEVELOPMENT PLAN REQUIRES A DEVIATION AND MODIFICATION AND PERMITS, WE ALL KNOW WHAT THOSE ARE AND WHAT THE PURPOSE IS AND THAT WAS RUDE OF ME.
WE DON'T. I MADE AN ASSUMPTION ON THIS.
THE DEVELOPMENT CODE STRONGLY ENCOURAGES THE PRESERVATION OF LONG ESTABLISHED TREES AND SO IF THREE OR MORE PROTECTED TREES ARE BEING REMOVED, THOSE REQUIRE A TREE REMOVAL PERMIT AND APPROVAL FROM COUNCIL. PRIOR TO THAT, THE CITY COUNCIL HAS TO -- THE PLANNING ZONING COMMISSION HAS TO RECOMMEND TO THE COUNCIL ON THEIR ASSESSMENT OF THE APPLICATION.
AND THE MINIMUM REQUIREMENTS OR USED RESTRAINTS ARE ALWAYS TAKEN
INTO CONSIDERATION. >> THIS IS WHERE WE HESSED .
>> BUT THE POINT IS, EVEN WHEN YOU SEE THAT AND YOU'VE SEEN YOU HAVE SOME OVER HERE, WHAT WE'RE TRYING TO EXPLAIN IS, THE GOAL IS TO TRY TO ENSURE THAT WE HAVE THE ABILITY TO INTRODUCE OR TO RETAIN COVER. COVER.
THE PARKS AND RECREATION IN ASSOCIATION WITH THE PARKS AND RECREATION BOARD WERE ABLE TO CONDUCT A TREE CANOPY STUDY AND SO WE WANT TO MAKE SURE THAT WE HAVE AN OPPORTUNITY TO ENSURE THAT WE HAVE YOUNGER TREES AS MATURE TREES, YOU KNOW, FINISH THEIR LIFE CYCLE THAT WE'RE BRINGING IN A NEW TREE CANOPY.
>> WHEN DID WE DO THAT STUDY? >> IN 2017 OR '18.
> WHAT DO YOU ANTICIPATE DOING THAT STUDY TO SEE IF WE'RE GOING IN THE RIGHT DIRECTION? MOST COMMUNITIES DO IT EVERY
FIVE YEARS. >> SO THAT WOULD BE 2022.
>> DON'T FORGET, WE HAVE BEEN WORKING ON A LANDSCAPE ORDINANCE FOR YOU GUYS AND WE'RE PRETTY CLOSE AND THE REASON WE BACK DOWN A LITTLE BIT WAS BECAUSE WE HAD STAY OF ACTIONS AND WE THOUGHT WE WOULD IMPACT SOME OF THE ELEMENTS THAT WE ARTICULATED
[00:35:05]
AND THEN WE HAVE TRIED TO TEST DRIVE IT FOR A LITTLE WHILE SO THAT WE CAN TAKE OUT ALL OF THE KINKS.WE'RE BEHIND SCHEDULE. >> I WASN'T IMPLYING THAT.
I WOULD THINK THAT WOULD BE A GOOD IDEA.
>> ABSOLUTELY, AND YOU KNOW, I'VE SEEN A LOT OF COMMUNITIES CONDUCT THIS STUDY AND THE REALIZATION OF THE VALUE, THE DOLLAR VALUE OF YOUR TREE CANOPY IS VERY, VERY IMPORTANT AND LOOKING AT CHANGING MINDSETS AND LOOKING AT LOW IMPACT DEVELOPMENT AND LOOKING AT YOUR MASTER PLAN AND INTRODUCING ELEMENTS THAT COULD HELP US, YOU KNOW, AND WE NEED TO LEARN TO ADAPT AND CHANGE A LITTLE BIT AND I'M SPEAKING OF MYSELF, TOO, AND TO SAY INFRASTRUCTURE AND TREES DON'T GO TOGETHER.
THEY ABSOLUTELY DO. DID I SKIP ANOTHER PAGE? THE COMPREHENSIVE PAGE AND THIS IS A LONG-RANGE STATEMENT.
THIS IS ADOPTED BY CITY COUNCIL AND THIS IS ONLY A GUIDING TALLL AND YOU TRY TO USE THE ELEMENTS TO DETERMINE YOUR PATTERN.
THE INTERPRETATIONS AND DISCRETION.
STAFF HAS LIMITED DISCRETION IN THE ADMINISTRATION OF THE RDC AND SPC AND WHAT THAT MEANS IS THAT WE ARE BOUND BY THE CODES AND ORDINANCES AND THEY EXERCISE THIS AND WE ARE ALL WITNESS TO THAT AND YOU SEE HOW WE MANAGE OUR REPORTS AND THEY SET OUT THE GENERAL CONSTRUCTION OF THE CODE AND MEANINGS OF CODE BASED ON THE SLATED -- THE PURPOSE AND DEFINITIONS, TECHNICAL TERMS AND ADDITIONALLY, IT SAYS THAT THE RDC GRANTS THE AUTHORITY TO THE DIRECTOR TO DETERMINE THE INTERPRETATION AND USAGE OF THE CODE AND WHAT DOES THAT MEAN? AND AS I MENTIONED, CODES ARE FLUID, BUT THE EVOLUTION IS A LITTLE SLOW.
AND SO, YOU WILL HAVE NEW USES ARISE AND NEW PARKING% REQUIREMENTS AS A RESULT OF THAT.
SO IT SAYS STAFF EXERCISES THIS VERY CAUTIOUS AND WE CAN ACCOMMODATE A USE AND WE CAN ASSESS THE PARKING AND DO SOMETHING DIFFERENT. IN THE INSTANCE WHERE WE KNOW WE CANNOT DO THAT, WE WILL COME WITH OUR RECOMMENDATION.
SO YOU HAVE AN OPPORTUNITY TO REVIEW IT SO THE RESIDENT CITIZENS HAVE AN OPPORTUNITY DO THIS AND COUNCIL HAS AN OPPORTUNITY TO ACT ON IT. LOOK AT THAT.
AND WITH THAT, I AM DONE AND I KNOW IT WAS HEAVY, BUT WE WILL SLOWLY START HAVING MORE CONVERSATIONS.
>> JUST SO YOU KNOW, I ASKED ALEX FOR A COPY OF THAT.
>> CAN YOU GO BACK TO THE PLAT'S SLIDE, PLEASE, AND THE QUESTION REGARDING THE FINAL APPROVAL OF PLATS AND THERE WE GO.
AND YOU CAN'T BELIEVE THIS IS MY FIRST NIGHT AS CHAIR AND I LOST CONTROL.
>> THE THIRD BULLET AND THE PLANS HAVE BEEN RELEASED AND INFRASTRUCTURE INSTALLED AND ACCEPTED PRIOR TO THE APPROVAL OF THE FINAL PLATS AND I'M JUST TRYING TO FIGURE OUT WHAT YOU MEAN BY THE APPROVAL OF FINAL PLATS.
AND LET ME EXPLAIN. I UNDERSTAND, THIS IS MY BUSINESS. I'M TRYING TO UNDERSTAND HOW THIS CITY OPERATES VERSUS OTHER CITIES.
SO IT'S MY UNDERSTANDING THAT WHEN ENGINEER PLANS ARE PREPARED AND USUALLY A PLAT IS A PART OF THAT, ONCE THAT FINAL PLAT IS
[00:40:05]
APPROVED, TECHNICALLY, IT SEEMS TO ME IT GETS APPROVED IN STATEMENTS AND THE FIRST S IT WOULD BE APPROVED IN STAGESE.SO THEY'RE APPROVED WITHOUT THE FINAL PLAT.
>> SO EVERY CITY DOES IT DIFFERENTLY AND SOME CITIES SAYING YOU SHOULD DO A FINAL PLAT, BUT YOU WOULD A WHOLE AGREEMENT AND YOU CAN'T HOLD US LIABLE AND THE CITY OF ROWLETT SAYS PRIOR TO PROCEEDING, YOU WILL SECURE APPROVAL AND INSTALL THE INFRASTRUCTURE AND THE CITY WILL ACCEPT IT AND MOVE FORWARD.
>> WHEN YOU'RE TALKING ABOUT APPROVAL, YOU'RE NOT JUST TALKING ABOUT CITY APPROVAL, YOU'RE TALKING -- THE STAT GETS FINALIZED WITH THE NOTARIZED AND SEALED PLANS FROM THE RPLS AND ET CETERA, YOUR STAT HAS TO SOON THOSE, AS WELL, AND YOU DON'T
>> THE PLAT WITH THE COUNTY HAS A WHOLE SERIES OF SIGNATURES.
WHAT I'M TRYING TO FIGURE OUT IS, WHAT IS YOUR PROCESS OF THAT SO THAT WHAT YOU'VE SEEN IN OTHER CITIES IS THAT THE DEVELOPER, THE OWNER DOESN'T GET A CERTIFICATE OF OCCUPANCY ALL OF THESE HAVE BEEN CLEARED, SO IS THAT NOT THE WAY --
>> A BUILDING PERMIT, ALMOST EVERY CITY WILL NOT ISSUE YOU A BUILDING PERMIT UNLESS YOU HAVE A PLOT.
SO IN THIS INSTANCE, IN ORDER FOR YOU TO GET YOUR FINAL PLAT, YOU HAVE TO INSTALL AND GET YOUR INFRASTRUCTURE ACCEPTED.
YOU HAVE A PLATFORM, SO SO THE EASEMENTS COME BEFORE YOU.
>> THIS IS DIFFERENT. >> SO I HAVE A FOLLOW-UP QUESTION. WHEN YOU WERE TALKING TREE PRESERVATION, ET CETERA, YOU MENTIONED THE TREE STUDY AND THE CANOPY STUDY. DO WE DO THE CITY HAVE AN ARBN
STAFF. >> UNFORTUNATELY, WE HAVE NOT AND WE HAVE BEEN ABLE TO COMMISSION THAT WORK.
>> IT'S A DELICATE SITUATION AND THE ALTERNATIVE OF ENGAGING A CONSULTING COMPANY THAT'S EITHER LANDSCAPE COMPANY OR AN ARBORIST COMPANY THAT WOULD UNDERSTAND THE ORDINANCES AND SO FORTH.
>> ABSOLUTELY. IF THERE IS ONE WHERE WE HAVE CONSULTED WITH A THIRD-PARTY. BUT WE HAVE A LOT OF CONFIDENCE IN PLANS WHEN THEY'RE SUBMITTED AND THE REASON I SAY THAT IS BECAUSE THEY HAVE SOME FORM AND IF YOU HAVE A LANDSCAPE ARCHITECT SIGNING OFF ON SOMETHING, THOSE ARE THE
CREDENTIALS. >> ARE THERE ANY OTHER QUESTIONS? I'M NOT SEEING ANY.
THANK YOU. >> THANK YOU SO MUCH.
>> SO THE COMPREHENSIVE LAND US% PLAN IS THE COMP PLAN.
>> YES. >> AND THAT IS AVAILABLE TO ALL
[00:45:04]
>> AND I APOLOGIZE. BUT I JUST REMEMBERED, THIS IS IMPORTANT. YOU MENTIONED THAT WE HAVE THE TRADITIONAL FORM-BASE OR , THE ZONING REVIEW AND FORM-BASE CODE. I'M STILL HAVING A HARD TIME UNDERSTANDING THE FORM-BASE CODE IN THE CITY AND WHERE CAN I GO
TO GET INFORMATION ON THAT? >> I THINK WHAT WE NEED TO DO, LET'S SCHEDULE A MEETING AND INVITE YOU IN.
>> THAT WOULD BE EXCELLENT BECAUSE THAT'S A DIFFERENT ANIMAL. BAY SUED SIDE AND SAPPHIRE BAE LARGER DEVELOPMENTS HAVE HAD SOME OF THAT AND IT'S A DIFFERENT ANIMAL AND I WOULD FEEL A LOT BETTER IF I REALLY UNDERSTOOD THE INTENT AS WELL AS THE PARTICULARRERS OF HOW THAT'S
TO BE IMPLEMENTED. >> I WOULD STILL LIKE TO SEE IT.
>> THE TRADITIONAL DEVELOPING CODE IS FAIRLY -- IT'S EASIER TO INTERPRET BECAUSE THERE'S SET CRITERIA AND LAND USE REQUIREMENTS, ET CETERA, BUT FOR ME, IT GETS UNCOMFORTABLE IS THAT IF I UNDERSTAND CORRECTLY, AND THIS IS WHERE THAT WORKSHOP OR SEMINAR WILL BE VALUABLE TO ME, IS THAT, IT'S MY INTERPRETATION THAT IN THE FORM-BASED CODE, WHERE WE ALLOWED DEVELOPMENTS TO GO IN THA ROUTE, WE GIVE UP SOME OF THE CONTROL THAT WE HAVE UNDER THE TRADITIONAL DEVELOPMENT CODE WITH THE CONDITIONS OR THE INTENT OF HAVING OTHER ENHANCEMENTS, FOR EXAMPLE, HIKE AND BIKE TRAILS OR LANDSCAPE USES. AND MAYBE I'M WRONG, AND THIS IS WHERE I NEED TRAINING AND I'M ASKING FOR HELP HERE SO I CAN BE IN A BETTER POSITION AND MORE INFORMED POSITION TO SAY, OK, WHEN WE WENT FROM THIS CRITERIA TO THIS CRITERIA, WE GAVE UP THIS, BUT THIS IS WHAT WE HAVE TO HOLD THE DEVELOPER'S FEET TO THE FIRE TO MAKE SURE THE COMMUNITY DOESN'T END UP LEAVING
SOMETHING ON THE TABLE. >> YOU KNOW, I'M SO HAPPY YOU MADE THAT STATEMENT AND LET ME REPHRASE, THAT COMMENTARY IS VERY, VERY IMPORTANT BECAUSE YOU WANTING TO UNDERSTAND WHAT THOSE IMPLICATIONS ARE TRULY IMPORTANT, SO IT WILL BE OUR PLEASURE TO HAVE THIS CONVERSATION WITH YOU AND WE WILL TRY TO KEEP IT SIMPLE, BUT IT CANNOT HAPPEN IN ONE MEETING AND WE WILL HAVE TO HAVE SEVERA% MEETINGS TO HAVE THESE CONVERSATIONS AND WE WILL TRY TO BREAK IT DOWN AND YOU WILL WONDER WHY SOMETHING SAYS WHAT IT SAYS AND WE WILL TRY TO EXPLAIN THAT. THERE ARE CONTROL MECHANISM IN THE FORM-BASED CODE. THIS IS THE EASIEST WAY TO PUT IT AND WE HAVE USES THAT ARE PROHIBITED IN THE FORM MANUFACTURE -BASED CODE AND YOU WILL INTERACT WITH A LOT OF FORM-BASE CODE APPLICATIONS AND REQUEST TO DEVIATIONS, AS WELL. WE'RE EXCITED WE HAVE COMMISSIONED A CONSULTANT TO START ADDRESSING OUR CODE WHERE WE HAVE ONE UNIFIED CODE AND THAT WILL BE USEFUL, AS WELL.
>> ANY QUESTIONS ON THE AGENDA ITEMS? NO QUESTIONS AND WE'LL ADJOURN THE WORK SESSION AND RECONVENE THE PLANNING ZONING MEETING.
* This transcript was compiled from uncorrected Closed Captioning.