Special Called Work Session Minutes February 15, 4 2017  After determining that a quorum was present, the Planning and Zoning Commission oft the City of Denton, Texas convened in a Special Called Work Session on Wednesday, February 15, 2017 at 4:00 p.m. in the City Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at PRESENT: Chair Jim Strange, Commissioners: Larry Beck, Steve Sullivan, and Margie Ellis. ABSENT: Vice-Chair Devin Taylor, Commissioners: Andrew Rozell, and Gerard Hudspeth. STAFF: Munal Mauladad, Shandrian Jarvis, Haywood Morgan, Trey Lansford and Cathy  which time the following items considered:  Welborn. WORK SESSION 1.) Work Session Reports  A. PZ17-045 Receive a report and hold a discussion regarding the adoption of an ordinance of the City of Denton, Texas, amending Subchapter 35.3 Procedures. Subchapter 35.13 Site Design Standards, and Subchapter 35.23 Definitions and Terms, ofthe Denton Development Code related totree preservation and landscape requirements. (DCA16-0001e. Tree Preservation and] Landscape  Requirements Update. Haywood Morgan). Chair Strange opened the Work Session at 4:05 p.m.  Shandrian Jarvis, Development Review Committee Administrator, invited Haywood Morgan, Morgan provided the revisions to the City of Denton's tree preservation and landscape requirements. Morgan stated during the February 8, 2017 Planning and Zoning Commission meeting, staff and the Commissioners were conducting aj page turn ofthe purposed changes to the Commissioner Beck referred to section 4aiv, he questioned ifac developer could ever redevelop or go below the initial canopy. Morgan stated yes, in those cases where they don't develop all ofa site and they have all their trees in one area, it's designed to protect the trees that were initially Chair Strange questioned how it works ifa development is broken upi into individual lots and have multiple property owners. Morgan stated the property owner would be able but they would have to get a permit. Chair Strange questioned ifal lot had a large Post oak treet that was included in the initial 30 percent of canopy would that tree be able to bei removed. Morgan stated yes it goes back  Urban Forester, to present this item.  ordinance.  preserved.  1    tot the overall canopy that is on the site, but dealing with residential lots are different than Munal Mauladad, Director of Development Services, clarified Chair Strange' S question ifa 100 acre loti is divided into one (1) acre. lots and it impacts the current 30 percent canopy coverage then Morgan stated if you look at statement number 4av where it states the notation shall limit any future unauthorized land disturbing activity or construction that would impact and lor damage the tree(s) to be preserved, SO you are unable to come in and have further development on that site. Jarvis stated when staff talks about redevelopment it basically triggers a new application, sO the Jarvis stated anything that triggers the expansion of the applicability table or a new application would follow the guidelines in the ordinance. Jarvis stated that is something that will be captioned ini the rewrite. Commissioner Sullivan questioned why it doesn'tstate individual homeowners are Commissioner Sullivan stated he believed that was already discussed in the February 8, 2017 meeting. Jarvis stated she would keep a tally of the recommendations the Commissioners wanted to carry forward to the City Council and is attached to the document that goes forward. Mauladad stated the goal is not to compromise anyone's ability to use their home or land, the intent of this ordinance is to not make things difficult. Mauladad stated this is a collaborative Chair Strange stated there are a lot of stakeholders that are in the developer property owner side, which are. having issues with this new ordinance, because they are the ones that are going tol have the greatest impact finically. Chair Strange stated he believes that disconnect is that some stakeholders that would like toj preserve trees, but when they have to bare all the responsibility for Commissioner Sullivan stated his humble suggestion is to identify "homeowner" and "developer" Mauladad stated with the guidance and input oft the Planning and Zoning Commission staff would like to move forward. Ifv we could receive the Planning and Zoning Commission's comments this week then sit down with the Legal Department and bring those changes back to discuss why or Commissioner Ellis questioned the best way to move forward with this request and collectively gather this Commissions feedback. Commissioner Ellis stated we need a better tree code and to get this passed through City Council. Jarvis stated this document is not for you to write the ordinance, but to provide feedback and comments on the general concepts that are located in the  commercial. what happens.  new development would go through the same review as any new development.  exempted from this policy.  effort to see how this ordinance will impact current and future development.  the public good.  as two separate definitions.  why not to move forward with this amendment.  staffi memorandum.  2    Morgan continued with the page turn. Morgan stated for every tree that is preserved you will receive credit towards the tree canopy requirements, sO for every 10,000 square feet oftree canopy Commissioner Ellis referred to section 4bi "where it states the preserved canopy maybe counted" she questioned will it be counted or will it be determined. Morgan stated it will be counted, it Commissioner Beck questioned ift the tree fund would be used to buy lots with a large amount of trees SO they would not be lost with a development. Morgan stated yes, the tree fund allows the City to do that. Morgan stated for the Commissioners to scratch out 6aii, a tree removal permit Jarvis requested Morgan to clarify his last statement, she questioned if Exempt Trees would still require a permit for removal. Morgan stated yes, they are exempt from the requirement of preservation, but not from having a permit to remove them. Commissioner Beck suggested to streamline section 6a ifyou took out iand iii and made them into one full sentence. Morgan stated staff would submit that to the Legal Department. Commissioner Ellis requested to add the Jarvis stated to capture Commissioner Sullivan and Commissioner Ellis's comment about the homeowner, staff may need to write the recommendation to exempt the home owner from the Commissioner Beck stated he is opposed requiring a single family homeowner to get a permit to Commissioner Ellis stated she is looking for more clarity for the homeowner to be able to Chair Strange questioned the cost that would apply to a developer. Morgan stated based oni recent quotes fora 38 acre site, on the high end a 100 percent inventory was 10,000 to 15,000 dollars, for Chair Strange questioned why a final plat is not included in section 6biii. Morgan stated this step comes after the final plat. Commissioner Ellis questioned if signs needed to be posted on all preserved tree areas. Morgan stated yes, a sign will have to be place at each area. Mauladad stated the main concern is the existing ordinance is too. jumbled, she stated it does not clearly state nonresidential, residential, redevelopment and new development requirements. Chair Commissioner Beck stated hel likes section 7b as long as the Urban Forester is the one to approve the amendments. Commissioner Beck continued to state he is comfortable allowing someone else to approve the amendments in Morgan's absence. Morgan stated if he is unable to review the  preserved you get 20,000 credit.  should state "preserved canopy will be counted".  will be required for Exempt Trees.  comments regarding the Single Family Homeowner to section 6.  preservation and mitigation requirements.  remove at tree, but tol have the permit for educational purposes.  understand what is required ofthem.  the analysis ofjust the Canopy 2,5001 to 3,500.  Strange agreed that is part of the issue.  amendments someone with similar qualifications.  3    Jarvis requested Morgan tol bullet out in section 7b a checklist of what is needed for the approval Chair Strange questioned if there is a current tree criteria manual on the website. Morgan stated not there is not. Commissioner Ellis questioned the amount of arborist. Morgan stated within a 100  ofamendments to the Tree Preservation Plan.  miles ofl Denton there are 139 arborist ini the area. There was no: further discussion.  Chair Strange closed the Special Called Work Session at 6:05 p.m.  X - Jim$ Chair 7  Xtage  Xlteinimers  Catherine Welborn Administrative Assistant III  4