>> GOOD EVENING. MY NAME IS RYAN FIRESTONE,
[1. Call to Order: Video Introduction of SPIN Program by Southlake Mayor Shawn McCaskill]
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AND I'M YOUR HOST FOR THE SPIN MEETING TONIGHT.THE PURPOSE OF SPIN IS TO GAIN FEEDBACK FROM CITIZENS ON DEVELOPMENT-RELATED PROJECTS AND OTHER ITEMS OF INTEREST IN THE COMMUNITY.
SPIN IS AN INFORMATIONAL MEETING AND NO VOTES ARE TAKEN.
SPIN IS STREAMED LIVE THROUGH SOUTHLAKE TV ON THE CITY'S MAIN WEBSITE, CITY OF SOUTHLAKE.COM.
NEXT, WE WILL SHOW A BRIEF VIDEO OF THE SPIN PROGRAM BY SOUTHLAKE MAYOR SEAN MCCASKILL.
>> GOOD EVENING. THIS IS SEAN MCCASKILL, THE MAYOR OF SOUTHLAKE.
I WOULD LIKE TO WELCOME YOU TO TONIGHT'S SPIN MEETING.
FIRST OF ALL, SPIN STANDS FOR SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS. THAT'S WHERE YOU COME IN.
THIS IS THE FIRST STAGE IN OUR VERY THOROUGH AND EXHAUSTIVE REVIEW PROCESS FOR NEW DEVELOPMENTS HERE IN SOUTHLAKE AND WE APPRECIATE YOU BEING PART OF THAT PROCESS.
TONIGHT, YOU'LL HEAR A PRESENTATION FROM THE APPLICANT WHO'S LOOKING TO DO POSSIBLY A NEW DEVELOPMENT HERE IN SOUTHLAKE.
YOU WILL GET A CHANCE TO ASK QUESTIONS, BUT THERE WILL NOT BE ANY VOTES TONIGHT.
THAT WILL COME LATER WITH THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL.
WE LOOK FORWARD TO HEARING YOUR COMMENTS AND GETTING A REPORT ON WHAT IS DISCUSSED TONIGHT AS WE GO THROUGH THIS REVIEW PROCESS AT THE PLANNING AND ZONING AND CITY COUNCIL LEVELS.
YOUR INPUT, BOTH FOR AND AGAINST THE PROPOSED DEVELOPMENT, IS ESSENTIAL AS WE LOOK AT WHAT OUR RESIDENTS THINK WHEN WE'RE MAKING OUR DECISIONS.
WE APPRECIATE YOU BEING HERE TONIGHT AND BEING PART OF OUR PROCESS.
THANK YOU VERY MUCH FOR YOUR TIME TONIGHT.
>> WE DEVELOPED AN ONLINE SPIN FORM FOR RESIDENTS TO SUBMIT THEIR QUESTIONS AND COMMENTS IN ADVANCE OF THE MEETING IF THEY ARE UNABLE TO ATTEND.
I WILL READ THROUGH THESE SUBMISSIONS AFTER THE RESIDENTS AND ATTENDANTS WHO HAVE QUESTIONS HAVE BEEN ABLE TO SPEAK.
AFTER THE APPLICANT'S PRESENTATION, THOSE IN ATTENDANCE WITH QUESTIONS OR COMMENTS CAN USE THE MICROPHONE IN THE AISLE FOR THE Q&A PORTION OF THE MEETING.
WITH THAT, LET US GET TO OUR APPLICANT'S PRESENTATION.
DENNIS KILO IS HERE TO PRESENT OUR ONLY ITEM ON THE AGENDA THIS EVENING,
[2. SPIN2025-02 - The City of Southlake is proposing amendments to the City's Zoning Ordinance No. 480 related to the Transition Zoning District (TZD).]
WHICH IS SPIN 2025-02.THE CITY OF SOUTHLAKE IS PROPOSING AMENDMENTS TO THE CITY'S ZONING ORDINANCE NUMBER 480 RELATED TO THE TRANSITION ZONING DISTRICT.
>> THANK YOU FOR EVERYONE THAT'S TAKING THE TIME TO ATTEND THIS MEETING.
I'LL GO THROUGH A BRIEF OVERVIEW OF WHAT THE PURPOSE OF THIS REQUEST IS AND PROVIDE EACH OF YOU SOME BACKGROUND AND THEN CERTAINLY ANSWER ANY QUESTIONS YOU MAY HAVE FOLLOWING THE PRESENTATION.
THE PURPOSE OF THIS IS TO TAKE A LOOK AT OUR TRANSITION ZONING DISTRICT, COVER SOME OF THE CURRENT CHALLENGES THAT HAVE BEEN COUNTERED WITH RECENT CASES THAT HAVE COME THROUGH AND THEN LOOK AT SOME REVISION OPTIONS TO THAT DISTRICT.
THE TRANSITION ZONING DISTRICT WAS AN IMPLEMENTATION OF THE SOUTHLAKE 2025 PLAN THAT WAS ADOPTED IN 2005.
THE TRANSITION ZONING DISTRICT ITSELF AND ITS REGULATIONS WERE ADOPTED IN AUGUST OF 2005.
THE DISTRICT, SINCE ITS ORIGINAL CREATION, HAS GONE THROUGH A TOTAL OF FOUR VARIOUS AMENDMENTS.
THE MOST IMPACTFUL WAS IN 2006, WHERE THE DENSITY STANDARD WAS SET FOR THE DISTRICT, AND ONE OF THE PERMITTED HOUSING TYPES WAS REMOVED, WHICH WAS AN ATTACHED SINGLE-FAMILY RESIDENTIAL HOUSING TYPE.
THIS IS WHAT A TRANSITION ZONING DISTRICT BASICALLY LAYS OUT TO BE ON PAPER.
THIS IS A VERY SCHEMATIC VIEW OF IT, CERTAINLY DOESN'T TAKE INTO THE SHAPE OF THE BOUNDARY WHERE ONE OF THESE DISTRICTS WOULD FIT, BUT IT'S INTENDED TO ALLOW FOR MIXED-USE DEVELOPMENT IN SMALL AREAS THAT MAY BE BOUNDED BY BUSIER, HIGHER TRAFFIC STREETS, NON-RESIDENTIAL USES, AS WELL AS RESIDENTIAL USES, AND IS INTENDED TO PROVIDE PROPERTY OWNER AND DEVELOPER THE ABILITY TO PROVIDE A MIXED-USE ZONING THAT FITS WITH THE AREA THAT IS BEING PLACED IN.
THERE WERE TWO CATEGORIES ADOPTED IN THE LAND USE PLAN.
ONE WAS A T1 LAND USE CATEGORY, WHICH WAS AN OPTIONAL LAND USE, AND IT WAS INTENDED TO BE A HIGHER PERCENTAGE OF RETAIL AND NON-RESIDENTIAL NEIGHBORHOOD EDGE TYPE USES, AND THE T2, WHICH WAS INTENDED TO BE A HIGHER PERCENTAGE OF RESIDENTIAL VERSUS THE NON-RESIDENTIAL COMPONENT.
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THE IDEA OF THE DISTRICT IS TO TRANSITION FROM MORE INTENSE USES TOWARDS THE LESSER INTENSIVE SURROUNDING USES THAT MAY BE ABUTTING THE TRACT OF LAND.THE TZD IS ONE OF THE FLEXIBLE ZONING DISTRICTS THAT THE CITY HAS WITHIN ITS ZONING ORDINANCE.
THERE ARE A FEW FLEXIBLE DISTRICTS.
THESE DISTRICTS ALLOW A DEVELOPER A LARGE PALETTE OF CREATIVITY AS FAR AS HOW THEY MIX USES AND ESTABLISH REGULATIONS FOR THE DEVELOPMENT THEY ARE CREATING.
THE TRANSITION ZONING DISTRICT, ALONG WITH WHAT'S CALLED THE EMPLOYMENT ZONING DISTRICT, WHICH MANY OF YOU ALL MAY BE FAMILIAR WITH THE NEIGHBORHOOD OF CAROLINE.
IT IS ZONED AND DEVELOPED UNDER AN EMPLOYMENT CENTER ZONING DISTRICT.
BOTH OF THESE DISTRICTS ARE SET UP TO PROVIDE A MIXED-USE TYPE DEVELOPMENT THAT WOULD INCLUDE VARIOUS INTENSITIES OF NON-RESIDENTIAL USE AND RESIDENTIAL USE WITHIN THE DISTRICTS, AND EACH OF THEM IS SET UP ON THE CONCEPT WHERE THE MORE INTENSE USES WITHIN THE DISTRICT MATCH WHAT ITS SURROUNDING IS AND TRANSITIONS TOWARDS THE LOWER INTENSITY USE AREAS WITH THE LESS INTENSE USES, SUCH AS THE RESIDENTIAL COMPONENT OF THOSE DISTRICTS.
CITY HAS SOME OTHER FLEXIBLE DISTRICTS, PLANNED UNIT DEVELOPMENT, WHICH WE HAVE A RESIDENTIAL PLANNED UNIT DEVELOPMENT AND A NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT.
EACH OF THESE ALLOW FOR A DEVELOPER TO BASICALLY CREATE THEIR OWN ZONING REGULATIONS FOR THAT PARTICULAR PIECE OF PROPERTY THEY'RE DEVELOPING.
THE RESIDENTIAL IS ALL RESIDENTIAL.
THE NON-RESIDENTIAL IS, OF COURSE, JUST NON-RESIDENTIAL USES.
WE ALSO HAVE WHAT'S CALLED SITE PLAN DISTRICTS, WHICH ARE SP1 AND SP2.
THE SP1 IS CALLED A DETAILED SITE PLAN DISTRICT, AND THE SP2 IS A GENERALIZED SITE PLAN DISTRICT.
THIS IS BASED ON THE PLAN TYPE THAT'S REQUIRED TO BE WITH THEM.
THE NON-RESIDENTIAL DISTRICT PLAN UNIT DEVELOPMENT DISTRICT AND THE SP1 AND SP2 DO NOT PERMIT SINGLE-FAMILY OR TWO-FAMILY RESIDENTIAL USES IN THEM.
THE CITY HAS APPROVED EIGHT TRANSITION ZONING DISTRICTS TO DATE WITHIN THE CITY.
THIS IS A MAP THAT REPRESENTS THE LOCATION OF THOSE SHOWN IN HATCHED GREEN.
THE OVERALL AVERAGE RESIDENTIAL DENSITY BETWEEN THE EIGHT THAT HAVE BEEN APPROVED AVERAGES OUT TO 2.06 DWELLING UNITS PER ACRE.
THAT'S THE NUMBER OF INDIVIDUAL DWELLING UNITS WITHIN EACH OF THOSE DISTRICTS PER ACRE OF LAND THAT MAKES UP THE BOUNDARY OF THAT TRANSITION ZONING DISTRICT.
OUT OF THE EIGHT THAT HAVE BEEN APPROVED, THE DENSITIES OF THOSE RANGE FROM 1.58 DWELLING UNITS PER ACRE TO 2.91 DWELLING UNITS PER ACRE, AND THE LOT SIZES RANGE ANYWHERE FROM 5,700 SQUARE FEET TO 10,000 SQUARE FEET.
THE AVERAGE RANGE BETWEEN ALL OF THEM, AND THAT'S THE MINIMUM THAT'S PERMITTED, BUT THE AVERAGE THROUGHOUT THOSE THAT HAVE BEEN DEVELOPED RANGED BETWEEN 9,200 AND 12,580.
THIS IS A DATA TABLE OF THE DISTRICTS THAT HAVE BEEN APPROVED AS WELL AS SOME THAT HAVE RECENTLY BEEN PUT IN PROCESS AND SOME OF WHICH WE'RE NOT SUCCESSFUL HERE ON THE LOWER BOTTOM, IF YOU ALL WOULD WELCOME TO REFER TO THIS FOR ANY INFORMATIONAL PURPOSES YOU'D LIKE, JUST TO COMPARE AND CONTRAST SOME OF THE TRANSITION ZONING DISTRICTS.
SOME OF THE CONSIDERATIONS THAT HAVE COME UP IN RECENT DISCUSSIONS OF THE TRANSITION DISTRICTS THAT HAVE COME THROUGH LATELY OR DENSITY AND HOW IT WAS CALCULATED AND WHAT IS THE APPROPRIATE MAXIMUM DENSITY THAT SHOULD BE CONSIDERED WITH SOME OF THE DEVELOPMENTS, HOW OPEN SPACE IS CREDITED, MINIMUM LOT SIZE AND LOT DIMENSIONS PROPOSED WITHIN THE DEVELOPMENT, WHETHER THOSE WERE APPROPRIATE, AND THEN LACK OF ADJACENCY STANDARDS,
[00:10:03]
WHERE SOME OF THE NON-RESIDENTIAL OR MORE INTENSE PORTIONS OF THE DEVELOPMENT ABOUT AN EXISTING OR ESTABLISHED RESIDENTIAL DEVELOPMENT OR NEIGHBORHOOD? WITH THAT IN MIND, OUR PLANNING STAFF PUT TOGETHER A PROPOSAL THAT WAS PRESENTED TO OUR PLANNING AND ZONING COMMISSION AT THEIR LAST MEETING HELD ON MARCH 6 TO LOOK AT SOME OPTIONS IN ADDRESSING THESE PARTICULAR AREAS.ONE WAS ON THE DENSITY CALCULATION AND PROVIDED SOME OPTIONS OF BASICALLY NOT PERMITTING ANY VARIANCE TO THE TWO DWELLING UNIT PER ACRE MAXIMUM THAT'S CURRENTLY PUT IN PLACE IN THE ORDINANCE.
ANOTHER WAS LOOK AT HOW DENSITY IS CALCULATED WITHIN THE DEVELOPMENT.
THEN THIRD WAS CONSIDER OTHER CHANGES OR DENSITIES THAT THEY MIGHT WISH TO SET AS AN APPROPRIATE DENSITY FOR FUTURE TRANSITION ZONING DISTRICTS COMING FORWARD.
THE OTHER COMPONENT OF THAT WAS LOT DIMENSIONS, WHETHER THERE SHOULD BE A SET MINIMUM WIDTH OR DEPTH FOR EACH LOT, AND OR A LOT AREA FOR EACH LOT.
THEN, THE OTHER WAS HOW OPEN SPACE IS CREDITED.
IN PARTICULAR, SOME OPTIONS ON HOW REQUIRED STORMWATER DETENTION ON A PROPERTY OR DEVELOPMENT IS HANDLED AND WHICH OF THOSE TYPES OF STRUCTURES OR SYSTEMS ARE APPROPRIATE FOR BEING CREDITED TOWARDS THE OPEN SPACE THAT'S REQUIRED TO BE PROVIDED FOR THE DEVELOPMENT.
THE CURRENT TRANSITION ZONING DISTRICT, SPECIFICALLY, IT EXEMPTS ITSELF FROM OVERLAY DISTRICT THAT THE CITY HAS CALLED THE RESIDENTIAL ADJACENCY OVERLAY.
OPTION PUT BEFORE THEM WAS EITHER TO ADD THAT BACK AS A REQUIREMENT OR LOOK AT ADJACENCY STANDARDS SPECIFIC FOR THE TRANSITION ZONING DISTRICT AND PUT THOSE IN AS REGULATIONS.
PLANNING ZONING COMMISSION'S RECOMMENDATION AFTER THEIR PUBLIC HEARING ON MARCH 6, LOOKED AT SETTING A NEW METHOD ON HOW DENSITY IS CALCULATED FOR THE TZD.
RIGHT NOW IT'S CALCULATED ON THE ENTIRE BOUNDARY OF THE PROPERTY REGARDLESS OF ITS MIX OF USES WITHIN THE DISTRICT.
THEIR PROPOSAL AND RECOMMENDATION TO THE CITY COUNCIL IS TO ADJUST THAT REGULATION SUCH THAT DENSITY IS CALCULATED JUST ON THE DEFINED RESIDENTIAL BOUNDARY COMPONENT OF THE NEIGHBORHOOD.
WITH REGARD TO LOT SIZE AND AREA, PLANNING ZONING COMMISSION RECOMMENDED THAT IT BE SET AT A MINIMUM 10,000 SQUARE FEET.
THEN WITH REGARD TO OPEN SPACE CREDIT, ADOPTING A REGULATION THAT WOULD EXCLUDE DETENTION AREAS THAT ARE NOT DESIGNED FOR AESTHETIC AND PASSIVE RECREATION AMENITY TO THE NEIGHBORHOOD.
THEN WITH REGARD TO ADDRESSING ADJACENCY STANDARDS WHERE A TZD MAY ABUT AN EXISTING NEIGHBORHOOD, RESIDENTIAL NEIGHBORHOOD, THEY RECOMMENDED SETTING A SPECIFIC SET OF STANDARDS, FOUR AREAS WHERE THE NON-RESIDENTIAL COMPONENT OF A TZD WOULD ABUT A RESIDENTIAL NEIGHBORHOOD AND SPECIFICALLY ASKING US TO LOOK AT SETBACK STANDARDS, LANDSCAPE BUFFER STANDARDS, AND SCREENING STANDARDS.
AS FAR AS THE SCHEDULE PLANNED FOR CONSIDERATION OF THESE AMENDMENTS.
PLANNING AND ZONING COMMISSION, AS I MENTIONED, PROVIDED THEIR RECOMMENDATIONS AT THEIR MARCH 6 MEETING.
WE'RE HAVING OUR SPEND MEETING THIS EVENING, WHICH HOPEFULLY IS A BENEFIT TO EVERYONE THAT'S HERE OR LISTENING.
THEN ON APRIL 1ST, CITY COUNCIL WILL CONSIDER FIRST READING OF THE ITEM AT THEIR REGULAR MEETING, AND THEN ON APRIL 15, THAT'S EXPECTED TO COME BACK TO CITY COUNCIL FOR A SECOND AND FINAL READING OF THE ITEM.
ONE OF THE PROBABLY BIGGER QUESTIONS THAT I THINK EVERYBODY HAS IS IF I'M IN A TZD, HOW DOES THIS IMPACT ME?
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THE PROPOSAL IN PLACE RIGHT NOW WOULD NOT CHANGE ANY REGULATION TO AN EXISTING TZD NEIGHBORHOOD.AN NEIGHBORHOODS THAT HAVE ALREADY BEEN APPROVED UNDER TZD WILL CONTINUE TO FOLLOW THE REGULATIONS AND USES THAT ARE SPECIFIC TO THEIR NEIGHBORHOOD.
EACH TZD IS UNIQUE IN ITS OWN CHARACTER BASED ON WHICH NEIGHBORHOOD YOU MAY BE IN.
IT HAS A SET OF MINIMUM STANDARDS WITH REGARD TO LOT AREA, LOT COVERAGES, BUILDING HEIGHTS.
THIS AMENDMENT WILL NOT CHANGE ANY OF THOSE.
IF SOMEONE WISHES TO ADD TO THEIR HOME OR ADD ACCESSORIES TO YOUR PROPERTY, YOU MAY STILL DO SO UNDER THE PROVISIONS THAT ARE WRITTEN IN YOUR ORDINANCE.
WORST-CASE SCENARIO, IF FOR SOME REASON, YOUR HOMES DAMAGED NEEDS TO BE REBUILT FOR WHATEVER REASON, YOU WILL BE ABLE TO REBUILD UNDER THE REGULATIONS THAT YOUR DEVELOPMENT IS CURRENTLY ADOPTED UNDER.
THIS WILL NOT CHANGE ANY OF THOSE.
WHAT THIS AMENDMENT WILL AFFECT IS ANY NEW REQUESTS FOR TRANSITION ZONING DISTRICTS THAT WOULD COME FORWARD.
IT COULD, HOWEVER, IT IS ADOPTED, POTENTIALLY AFFECT A NEIGHBORHOOD'S ABILITY THAT MAY WISH TO COME IN AND REDO THEIR TRANSITION ZONING DISTRICT AND MAKE CERTAIN CHANGES TO IT.
IT COULD HAVE LIMITATIONS IN THAT REGARD.
BUT AS FAR AS WHAT YOU HAVE TODAY, YOU WILL BE ABLE TO KEEP TODAY AND CONTINUE TO USE AND IMPROVE YOUR PROPERTY AS YOU DESIRE BASED ON THOSE REGULATIONS.
WITH THAT, I'M VERY HAPPY TO ENTERTAIN ANY QUESTIONS YOU MAY HAVE.
>> ON ONE OF THE DOCUMENTS, AT LEAST, IT SPEAKS TO WHETHER THE AMENDMENTS PROPOSED AND ADOPTED MAY AFFECT A PROPERTY OWNER'S ABILITY TO MAKE FUTURE CHANGES TO THE TZD ZONING DISTRICT USES AND REGULATIONS ON THEIR PROPERTY.
>> CAN CAN YOU CLARIFY ON THAT?
>> YES. IF, FOR SOME REASON, THE NEIGHBORHOOD GETS TOGETHER AND DECIDES TO MAKE AN AMENDMENT TO YOUR DISTRICT, THAT WOULD CHANGE SOMETHING CONTRARY TO WHAT IS BEING ADOPTED IN THIS NEW REVISION.
>> IT MAY PREVENT YOUR ABILITY TO DO THAT WITHOUT BEING GRANTED A VARIANCE OR IF A PROVISION ISN'T THERE FOR CITY COUNCIL, MAY LIMIT YOUR ABILITY TO CHANGE THAT REGULATION.
ONCE AGAIN, IF YOU'RE IN A TRANSITION ZONING DISTRICT, YOUR USES AND DEVELOPMENT REGULATIONS ARE SET AND PRESERVED UNDER THAT PARTICULAR TZD NEIGHBORHOODS REGULATIONS.
IF SOMETHING EVER HAPPENS TO YOUR HOME, YOU NEED TO MODIFY IT OR ADD TO YOUR HOME OR PUT IN A NEW AMENITY TO YOUR HOME, YOU WILL JUST FOLLOW THE REGULATIONS THAT ARE IN PLACE TODAY.
IT WOULD NOT STRIP YOU OF YOUR ABILITY TO CONSTRUCT OR IMPROVE YOUR PROPERTY OR USE YOUR PROPERTY UNDER THE REGULATIONS YOU HAD TODAY.
THE LANGUAGE THAT WAS REQUIRED TO BE PUT IN THE LETTERS THAT YOU RECEIVED IS A STATE MANDATED PARTICULAR STATEMENT UNALTERED FROM STATE LOCAL GOVERNMENT CODE, THAT ANYTIME THE CITY IS AMENDING A DISTRICT THAT AFFECTS A PROPERTY OWNERS ZONING, WE HAVE TO SEND THAT PARTICULAR LANGUAGE IN A LETTER TO EACH PROPERTY OWNER OR OCCUPANT, BUT IT REQUIRES A MINIMUM FONT SIZE AND TYPE FOR THAT LANGUAGE.
IT IS SOMEWHAT ALARMING, BUT THE FACT IS WHEN THE CITY OPENS UP A ZONING FOR RECONSIDERATION, AS SOMETHING GOES THROUGH THE LEGISLATIVE PROCESS, ANYTHING CAN HAPPEN, AND IT COULD GET IN FRONT OF A COUNCIL AND SOME LITTLE REGULATION GET CHANGED THAT COULD AFFECT INDIVIDUAL'S PROPERTY.
WITH WHAT'S BEING PROPOSED RIGHT NOW IS NOT THE INTENT, BUT THAT'S WHY THE STATE LAW HAS BEEN ADOPTED TO REQUIRE THAT LANGUAGE IS TO PUT EVERYBODY ON NOTICE TO BECOME AWARE
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OF WHAT'S BEING CHANGED AND HOPEFULLY PARTICIPATE IN THE PROCESS AND ENSURE THAT YOUR RIGHTS ARE BEING ADDRESSED.>> CAN YOU PROVIDE A HYPOTHETICAL UNDER THIS SCENARIO?
>> CAN YOU PLEASE, I'M TALKING TO MIKE, SORRY, OUR PEOPLE AT HOME CAN HEAR YOU.
>> CAN YOU PROVIDE A HYPOTHETICAL ON THIS LANGUAGE THAT DAVID JUST ASKED YOU ABOUT PROPERTY OWNERS ABILITY TO MAKE FUTURE CHANGES TO THE TZD ZONING DISTRICT USES AND REGULATIONS ON THEIR PROPERTY? WHAT WOULD BE A HYPOTHETICAL? BECAUSE IT'S STILL VERY VAGUE.
A HYPOTHETICAL WOULD BE, I'LL TAKE MORE OF AN EXTREME APPROACH HERE.
THE CITY IS NOT PROPOSING THIS SO DON'T TAKE THIS OUT OF CONTEXT, BUT JUST AN EXTREME APPROACH.
IF A PARTICULAR USE WAS PERMITTED IN THAT DISTRICT, AS GOING THROUGH THIS AMENDMENT, THE FACT THAT THE ORDINANCE IS OPEN FOR CONSIDERATION, IT COULD BE REMOVED AS A PERMITTED USE.
AS I SAID, YOUR PROPERTY CURRENTLY HAS ALL THE RIGHTS UNDER ITS CURRENT TZD ZONING AND THIS WOULD NOT TECHNICALLY REMOVE THOSE.
BUT IF YOUR NEIGHBORHOOD, FOR INSTANCE, CAME BACK IN AND WANTED TO REZONE YOUR NEIGHBORHOOD TO MAKE SOME CHANGE EITHER IN A PARTICULAR USE OR SOMETHING OF THAT DEGREE AND OPEN YOUR ZONING BACK UP, IT WOULD BE SUBJECT TO THE NEW CONDITIONS IN THERE AND YOU MAY NOT BE ABLE TO HAVE OR ASK FOR THAT USE ANYMORE.
>> ARE YOU SAYING THAT IF THERE IS A GROUP OF PEOPLE WITHIN THE NEIGHBORHOOD ASK FOR CHANGE THAT SUPERSEDE THE GRANDFATHER OF THE ZONE?
>> YES. IF SOMEONE COMES IN AND ASKED TO CHANGE, IF YOUR NEIGHBORHOOD AS A GROUP CAME TOGETHER AND SAID, WE WANT TO AMEND OUR REGULATIONS, WE WANT TO BE ABLE TO DO THIS OR WE WANT TO REMOVE THAT, YOU WOULD BE UNDER THESE NEW REGULATIONS AND ANY RESTRICTIONS THAT MIGHT GET PUT IN PLACE UNDER THIS.
IF COUNCIL DOESN'T HAVE THE VARIANCE AUTHORITY TO ADDRESS SOMETHING THAT YOU'RE AFFECTED BY, HOWEVER THIS GETS ADOPTED, [NOISE] THEN THEY MIGHT NOT BE ABLE TO APPROVE THE CHANGE YOU'RE ASKING FOR.
BUT IT'S ONLY IMPACTFUL IF FOR SOME REASON, YOUR NEIGHBORHOOD WANTS TO COME IN AND CHANGE SOMETHING THAT IS AFFECTED BY THE SCOPE OF THIS AMENDMENT.
AS YOU SIT RIGHT NOW, YOU ARE PROTECTED UNDER THE ZONING YOU HAVE AND CAN CONTINUE TO USE YOUR PROPERTY AS YOU WISH.
>> IF WE GO THROUGH THIS REVISION, CORRECT ME IF I'M WRONG, MY UNDERSTANDING IS THAT WE ARE GRANDFATHER, UNLESS WE ASK FOR CHANGE.
WHAT'S YOUR [OVERLAPPING] CHANGE USING THAT TERMINOLOGY.
>> THEN ALL OF A SUDDEN, WE ARE GOING TO BE UNDER THIS NEW VISION LAW REGULATIONS.
>> WHO WOULD DECIDE WHETHER THE NEW REQUEST GETS APPROVED OR NOT?
>> A GROUP OF US CAN GO TO CITY COUNCIL AND SAY, HEY, I DON'T WANT MY GRANDFATHER REGULATION, BUT NEW REGULATIONS UNDER THE, LET'S SAY THIS GETS APPROVED, THEN WE'RE SUBJECT TO THEN THE WHOLE NEIGHBORHOOD WILL BE SUBJECT TO THIS NEW REQUEST?
>> WHERE IS THAT PART OF THE PROPOSAL THAT?
>> WELL, WHAT I'M TRYING TO EXPLAIN HERE IS WHATEVER REGULATIONS GET ADOPTED IN THE NEW DISTRICT, YOU ARE SUBJECT TO.
LET ME GIVE YOU ANOTHER EXAMPLE.
SAY YOU'RE IN A TZD THAT HAS NON RESIDENTIAL USES IN IT, YOU HAVE AN OFFICE BUILDING AND SOMEBODY PROPOSES TO COME IN AND CHANGE SOMETHING ZONING WISE TO THAT OFFICE BUILDING.
THEY WILL, AS BEING PROPOSED RIGHT NOW, THERE MAY BE NEW STANDARDS THAT AFFECT BUILDING SETBACKS.
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THEIR BUILDING, IF THEY HAVEN'T BUILT IT YET, WOULD BE SUBJECT TO THOSE NEW SETBACKS.>> CORRECT. THOSE ARE THE NEW DEVELOPMENTS.
>> UNDER A NEW DEVELOPMENT. YES.
>> THEY MAY HAVE TO DO WHAT THEY HAD INITIALLY PLANNED OR REQUEST GOTTEN APPROVED IN THE ORIGINAL ZONING.
THEY MAY HAVE TO ASK FOR A VARIANCE IN ORDER TO DO THAT, IF IT'S CONTRARY TO THE NEW REGULATION.
>> BUT I'M STILL GOING BACK TO THE GRANDFATHERING OF OF THE EXISTING DEVELOPMENT.
>> ANOTHER HYPOTHETICAL IN LINE WITH WHAT YOU'RE THINKING, IF FOR SOME REASON YOUR NEIGHBORHOOD GOT TOGETHER EVERYBODY AGREED TO CHANGE YOUR REGULATIONS.
THAT REGULATION CHANGE IMPACTED A FEW HOMES IN THERE THAT WERE ALREADY BUILT A CERTAIN WAY, THOSE HOMES WOULD BECOME NON CONFORMING.
IF THE REGULATIONS UNDER THE NEW ZONING DO NOT SUPPORT HOW THAT HOME GOT BUILT, IF YOU'RE CHANGING THAT ZONING.
IF YOU'RE NOT CHANGING IT, THEN YOU'RE FINE.
YOU ARE VESTED, I'M NOT GOING TO SAY VESTED, BUT YOU ARE AS YOU SAID, GRANDFATHERED UNDER THE REGULATIONS YOU HAVE IN PLACE TODAY.
>> I THINK WHERE I'M A LITTLE CONFUSED IS THAT WHERE YOU'RE SAYING THAT I DON'T HAVE CONTROL REALLY ABOUT MY PROPERTY IF SOME OF MY NEIGHBORS DECIDED TO WANT A CHANGE.
I THINK THAT'S WHERE I'M A LITTLE STUCK ON.
WHO'S GIVING THE AUTHORITY THAT, DO YOU NEED A MAJORITY OF RESIDENTS WITHIN THE NEIGHBORHOOD TO BE ABLE TO EFFECT THIS? I GUESS WHERE IS THIS COMING INTO? BECAUSE I'M NOT SAYING HERE.
>> LET ME BACK UP A LITTLE BIT.
IF SOMEBODY'S COMING IN IN YOUR NEIGHBORHOOD TO PROPOSE A CHANGE, IT'S REALLY GOING TO NEED THE WHOLE NEIGHBORHOOD TO PARTICIPATE IN THAT ZONING CHANGES IN THE ABSENCE THAT THEY DON'T, IF THEY FILE OPPOSITION, IT CAN AFFECT THE VOTE REQUIREMENT OF THE COUNCIL AND QUITE FRANKLY, AN INDIVIDUAL CAN'T COME IN, DOESN'T HAVE THE RIGHT TO COME IN AND CHANGE SOMEBODY ELSE'S ZONING.
FOR YOUR NEIGHBORHOOD TO COME IN AND AMEND THEIR ZONING, WHICH IS UNLIKELY, IT WOULD REQUIRE 100 PERCENT OF YOUR NEIGHBORHOOD TO PARTICIPATE IN THAT ZONING APPLICATION TO DO THAT.
>> I'M GOING TO HAVE TO THINK THROUGH THIS AGAIN BECAUSE I'M NOT QUITE UNDERSTANDING THAT PIECE OF IT.
IF YOU CAN JUST INDULGE ME, I DO HAVE ANOTHER QUESTION.
THAT IS, SO LET'S SAY WHATEVER REGULATIONS THAT YOU'RE PROPOSING HERE GETS ADOPTED, DOES THAT MEAN THAT IF A DEVELOPER COMES IN AND LET'S SAY DEVELOP A PIECE OF LAND THAT'S ACROSS FROM MY NEIGHBORHOOD? WHAT IF THEIR PROPOSAL CONFORMS TO THIS NEW TZD REGULATIONS, DOES THAT MEAN THAT THEY AUTOMATICALLY GETS PERMISSION TO BUILD, IF THEY COME?
>> NO. ZONING APPROVAL IS STILL A DISCRETIONARY LEGISLATIVE ACT THAT THE CITY COUNCIL HAS.
IF SOMEONE NEXT TO YOUR NEIGHBORHOOD OR PROPERTY COMES IN, REQUESTS A TRANSITION ZONING DISTRICT, OR ANY OTHER NEW ZONING DISTRICT FROM WHAT'S CURRENTLY IN PLACE ON THEIR PROPERTY, IT GOES THROUGH A REVIEW AND APPROVAL PROCESS, BEGINNING WITH OUR STAFF AND THEN ONCE IT MOVES FORWARD TO PLANNING AND ZONING COMMISSION FOR THEIR RECOMMENDATION, PROPERTY OWNER NOTICES ARE SENT TO PROPERTIES WITHIN 300 FEET OF THE BOUNDARY AND THEN THAT ITEM GOES AFTER RECOMMENDATION FROM P&Z TO CITY COUNCIL.
CITY COUNCIL HAS THE AUTHORITY TO APPROVE OR DENY CHANGE OF ZONING AND THE PROCESS IS SET UP SUCH THAT PUBLIC HEARING IS A BIG PART OF THAT PROCESS AND SO ANYONE THAT
[00:30:04]
HAS CONCERNS OR URGED TO SHARE THOSE WITH YOU.>> SO IT'S NOT AUTOMATIC APPROVAL?
>> NOT AUTOMATIC APPROVAL. NO.
>> THE DEFINITION OF ADJACENCY, ADJACENT MEANS RIGHT NEXT TO.
>> DOES THAT APPLY TO ACROSS THE STREET, LET'S SAY, IT WOULDN'T BE RIGHT NEXT TO IN TERMS OF YOUR.
>> I THINK THE WAY THAT THIS AMENDMENT IS BEING MOVED FORWARD IT WOULD MEAN DIRECTLY ABUTTING A PROPERTY.
BUT AS THIS GOES THROUGH COUNSEL'S CONSIDERATION, THEY COULD SET A DISTANCE CRITERIA, IF IT'S WITHIN A CERTAIN NUMBER OF FEET OF A PROPERTY OR THEY COULD SET A STANDARD FOR THAT.
BUT I THINK AS WE'RE CURRENTLY MOVING IT FORWARD FROM THE PLANNING AND ZONING COMMISSION'S RECOMMENDATION, WHAT WE'RE LOOKING AT IS SETTING A PARTICULAR STANDARD WHERE A TZD AND ITS NON RESIDENTIAL COMPONENT IF IT HAS ONE, DIRECTLY ABUTS A BOUNDARY OF A RESIDENTIAL PROPERTY.
>> AS A STAND IS REALLY LITERALLY NEXT TO?
>> NOT ACROSS THE STREET PER SE? FINAL QUESTION, SORRY EVERYONE.
IN TERMS OF YOUR DENSITY CALCULATION METHODOLOGY, WHAT'S THE DIFFERENCE BETWEEN OPTION 1 AND 2? IF YOU CAN JUST PROVIDE CLARIFICATION, PLEASE.
>> I THINK OPTION 1 JUST PROPOSED ELIMINATING CITY COUNCIL'S ABILITY TO GRANT A DENSITY HIGHER THAN THE SET TWO DWELLING UNITS PER ACRE.
RIGHT NOW, LET ME MAKE SURE I'M REFERRING TO YOUR [OVERLAPPING].
>> OPTION 1 IS ONCE IT REACHED TWO DU, WHICH IS WHAT DENSITY PER UNIT [OVERLAPPING].
>> CORRECT. RIGHT NOW, ONE OF THE FLEXIBLE COMPONENTS OF THE TRANSITION ZONING DISTRICT IS ANY REGULATION THAT'S WRITTEN IN THAT DISTRICT, THE DEVELOPER CAN REQUEST A DEVIATION FROM OR A VARIANCE FROM [INAUDIBLE].
RIGHT NOW, THE STANDARD IS SET AT TWO DWELLING UNITS PER ACRE, BUT A DEVELOPER CAN PROVIDE JUSTIFICATION TO CITY COUNCIL OVER THE MERITS OF THEIR DEVELOPMENT AND WHY THEY CAN GO OVER.
THERE HAVE BEEN A FEW, AS I INDICATED IN ONE OF OUR CHARTS THAT HAVE GONE OVER.
I THINK THE HIGHEST OF THE DENSITIES WE'VE SEEN IS ABOUT 2.9 DWELLING UNITS PER ACRE.
OPTION 2 IS GOING TO CHANGE THE BOUNDARY TO BE JUST FOR THE RESIDENTIAL COMPONENTS.
WHERE YOU HAVE A MIXED USE DEVELOPMENT THAT HAS OFFICE OR SOME LEVEL OF RETAIL IN IT, THAT AREA WILL BE EXCLUDED FROM THE AREA THAT'S USED TO CALCULATE THAT DENSITY NUMBER.
IT'LL JUST BE CALCULATED AROUND THE RESIDENTIAL COMPONENT ONLY.
>> WOULDN'T THAT INCREASE THE DENSITY, OPTION 2?
>> YEAH. WELL, THE WAY THIS IS SET, THEY WON'T BE ABLE TO GO OVER TWO UNLESS THEY ASK FOR A VARIANCE TO DO THAT.
>> DOESN'T SAY BUT IT DOESN'T LIMIT.
>> BUT IT'LL REDUCE THE AMOUNT OF AREA THAT THEY HAVE IN ORDER FOR THAT DENSITY TO BE SPREAD OVER THE DEVELOPMENT.
WE HAVE A FEW TZDS THAT HAVE OFFICE AND OR OFFICE RETAIL.
I THINK MOST OF THEM ARE ALL SOME TYPE OF AN OFFICE COMPONENT NOT RETAIL, BUT THE DENSITY IS BASED ON THE GROSS BOUNDARY OF THE DISTRICT THAT'S BEING REQUESTED TO CHANGE TO TZD.
OPTION 2 WILL REMOVE THE AREA OF ANY NON RESIDENTIAL COMPONENT IN THE NEIGHBORHOOD FROM THE RESIDENTIAL DENSITY CALCULATION.
IT WILL IN EFFECT, IF YOU LOOK AT THE GROSS AREA OF THE DEVELOPMENT, END UP WITH A LOWER DENSITY RATHER THAN A HIGHER DENSITY.
IF YOU LOOK AT THE GROSS AREA THAT'S IN THE TZD RIGHT NOW, DENSITY CALCULATIONS BASED ON THE GROSS AREA.
>> YOU MEAN OPTION 2 IS BASED ON GROSS AREA?
>> INCLUDING THE RETAIL SPACE?
>> YES. IT WOULD NET OUT ANYTHING THAT'S IN A NON RESIDENTIAL ELEMENT OF THE NEIGHBORHOOD.
>> BUT THERE'S NO CAP, IS THERE FOR OPTION 2?
>> IT'S STILL GOING TO BE AT TWO DWELLING UNITS PER ACRE.
[00:35:03]
THEY DIDN'T RECOMMEND CHANGING THAT.BUT THEY'RE GOING TO LEAVE THE VARIANCE CAPABILITY JUST TO LEAVE THE COUNCIL AND FUTURE COUNSELS AND THE PROPERTY OWNERS SOME FLEXIBILITY, WHERE IT'S JUSTIFIABLE.
FOR THE CONCEPT OF CURRENT TZD RESIDENTS NOT BEING AFFECTED BY FUTURE CHANGES, IS THAT WRITTEN INTO THE TZD OR TEXAS LAW, OR IS IT WRITTEN DOWN SOMEWHERE?
>> CURRENTLY, WE DON'T HAVE IT WRITTEN TO PROPOSE THAT BUT IT'S CERTAINLY SOMETHING THAT WE COULD ADD. YES.
>> TO BE VERY CLEAR AND SPECIFIC THAT ANY TZD ADOPTED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE WOULD REMAIN AND AS IT WAS CURRENTLY APPROVED, WE CAN ADD LANGUAGE TO THAT EFFECT, YES.
>> I CERTAINLY THINK THAT WOULD MAKE ME FEEL MORE COMFORTABLE.
>> THEN DOES THE TZD HAVE ANY GOVERNANCE OR LIMITATIONS ON THE NON RESIDENTIAL COMPONENT OF A TZD.
IF SO, ARE THOSE UP FOR AMENDMENT AS WELL?
>> WITH THE DISTRICT BEING OPEN, YES.
I MEAN, ANY ELEMENT COULD BE CONSIDERED.
THESE ARE THE AREAS THAT JUST BASED ON RECENT CONSIDERATIONS THAT HAVE BEEN LOOKED AT SEEMED TO BE THE HOTTER BUTTON ITEMS. BUT ANY COMPONENT COULD BE LOOKED AT.
>> SORRY TO GO BACK TO A PROJECT THAT WAS WITHDRAWN, BUT I HAVE A SORT OF A CLARIFYING QUESTION.
FOR THAT FOREFRONT SENIOR LIVING PROJECT, YOU POSTED THAT THE DENSITY WAS TWO DWELLING UNITS PER ACRE, BUT IT WAS A VERY LARGE PROJECT WITH QUITE A LARGE CAPACITY FOR INDIVIDUALS.
WAS IT JUST THAT ONLY PART OF IT WAS A TZD? WHY IS THAT CALCULATION SO LOW FOR THAT?
>> YES. ONLY PART OF THAT DEVELOPMENT WAS BEING PROPOSED UNDER TZD.
IT WAS A SINGLE FAMILY COMPONENT.
THEE MEMORY CARE AND AGE RESTRICTED LIVING UNITS WERE ALL BEING PROPOSED UNDER A SITE PLAN DISTRICT ZONING.
>> THAT PROPERTY WOULD HAVE HAD TWO.
>> IT HAD TWO ZONING DISTRICTS BEING PROPOSED UNDER THAT APPLICATION. YES.
>> IT'S NOT THAT THE TZD DOESN'T ALLOW FOR LIKE A HIGH DENSITY LIVING TYPE SITUATION AS THE BUSINESS MODEL.
IT ALLOWS SINGLE FAMILY AND THEN IN WHAT THEY CALL RESIDENTIAL EDGE, AND NON RESIDENTIAL AREA, IT CAN ALLOW IF PROPOSED AND APPROVED WHAT THEY CALL LIVE WORK UNITS OR LOFTS.
BUT I DON'T NECESSARILY THINK THAT NECESSARILY MEANS LIKE A HIGH DENSITY.
IT'S JUST A DIFFERENT TYPE OF A LIVING UNIT.
>> MY NAME IS VINNIT. HELLO. I JUST WANT TO SAY THAT YOU HEARD WHAT JASON SAID.
IF YOU ADD THAT LANGUAGE THAT WE ARE PROTECTED, WHO LIVES IN THE APPROVED TZD, I WOULD APPRECIATE IT.
IT WILL ALLEVIATE MOST OF OUR WORRIES.
YOU WILL NOT SEE US AGAIN HERE IF YOU DO THAT, PLEASE.
>> VERY GOOD. YEAH. THANK YOU.
>> EMILY CARTER. ARE YOU FAMILIAR WITH THESE NEIGHBORHOODS THAT WE'RE DISCUSSING?
>> I THINK 90% OF US HERE OR 95% ARE RIDGE VIEW OF SOUTHLAKE AND VILLAS OF HIDDEN KNOLL.
WHEN YOU'RE ASKING, WHEN YOU'RE TALKING ABOUT THE CHANGES, LIKE THE HYPOTHETICALS.
LIKE, WE HAVE SEVERAL COMMON SPACES.
LIKE, AT THE IN OUR AREA, VILLAS OF HIDDEN KNOLL, THERE'S ALL THESE LARGE SPACES ONE LARGE SPACE BEHIND MY HOME AND THEN IN THE MIDDLE AND THEN ALSO WITH THE RIDGE VIEW AS WELL.
ARE YOU SAYING THAT IF WE DECIDED WE WANT TO COME TOGETHER AND SELL OFF THOSE COMMON SPACES, THAT'S WHAT IS BEING PROTECTED HERE, IS THAT CORRECT?
[00:40:04]
LIKE WE WOULDN'T DO THAT BECAUSE THAT WOULD MESS UP OUR HOME.>> I WANT TO MAKE SURE I'M UNDERSTANDING YOUR QUESTION.
>> AS PART OF EACH OF THESE TRANSITION ZONING DISTRICTS, EACH OF THEM IS REQUIRED TO HAVE HAD AT A MINIMUM, 15% OPEN SPACE, AND SOME HAVE MORE, SOME HAVE LESS.
BUT WHAT GOT APPROVED UNDER THAT ZONING IS REQUIRED TO REMAIN AS OPEN SPACE AND PART OF EACH ONE OF THOSE NEIGHBORHOODS REQUIREMENTS AS THEY COME THROUGH IS THAT THE NEIGHBORHOOD MAINTAIN AND MANAGE THE OPEN SPACE.
THE QUESTION YOU'RE LEADING TO IS WANTING TO DISSOLVE THOSE.
>> WHICH WE WOULDN'T. I MEAN, OF COURSE, WE WOULDN'T WANT TO DO THAT BECAUSE THAT WOULDN'T.
>> I WASN'T SURE WHAT YOU MEANT BY SALE OR CHANGE USE ON THOSE OR SOMETHING TO THAT EFFECT.
BUT YEAH, THAT HOWEVER THE ZONING IS BEING ADOPTED AND THE ABILITY TO COME IN AND CHANGE THAT AND IT'S TOTALLY A HYPOTHETICAL.
I'M NOT REALLY SEEING ANYTHING IN HERE THAT WOULD NECESSARILY IMPACT THE NEIGHBORHOOD AS A WHOLE, IF 100% OF THE NEIGHBORHOOD CAME IN AND SAID, WE WANT TO REZONE OR CHANGE SOMETHING.
>> WE JUST WANT TO MAKE SURE SURE PROPERTY IS, I CAN STILL SELL.
>> YEAH, AS FAR AS YOUR INDIVIDUAL RESIDENCE IS CONCERNED, ABSOLUTELY.
AS I MENTIONED, THE ZONING THAT YOU HAVE ADOPTED, WILL REMAIN IN PLACE.
THIS WILL NOT CHANGE THAT AND THE WAY IT'S BEING WRITTEN WOULDN'T CHANGE THAT, BUT TO EVEN ADD MORE WEIGHT TO THAT, IT'S VERY EASY FOR US TO ADD LANGUAGE THAT'S CLEAR TO THAT [OVERLAPPING] ANYTHING WAS APPROVED AND ADOPTED PRIOR TO ADOPTION OF THIS ORDINANCE OR REMAIN IN EFFECT. [OVERLAPPING].
>> YES. YOU COULD PUT THAT IN YOUR LANGUAGE I THINK THAT WOULD MAKE ALL OF US [OVERLAPPING] FEEL THOUSAND TIMES BETTER. THANK YOU.
>> DID I APPROPRIATELY ANSWER YOUR QUESTION?
>> YES. I THINK SO. THANK YOU.
>> SORRY, JASON, AGAIN. I WANT TO MAKE SURE I'M UNDERSTANDING.
I THINK THERE ARE QUESTIONS ABOUT CHANGE AND HYPOTHETICAL CHANGE, IS THAT SPECIFIC TO THE ZONING OF THE ENTIRE TZD ZONING DISTRICT THAT WE LIVE IN, WHEN WE SAY A CHANGE THAT WOULD AFFECT THE TZD MAY CAUSE US TO BE UNDER A NEW TZD AMENDMENTS REGULATION.
BUT SHORT OF THAT, WE WOULD BE OKAY.
>> WHAT I'M TRYING TO GET AT AND NOT STIR UP ANY UNDUE FEARS OR CONCERNS.
BUT IF THE NEIGHBORHOOD AS A WHOLE, LIKE I SAID, CAME IN AND WANTED TO CHANGE YOUR ZONING, HOWEVER, THIS IS ADOPTED, COULD AFFECT HOW YOU'RE ABLE TO DO THAT AND WHAT YOU MAY HAVE TO ASK OF THE COUNCIL TO DO THAT.
AS IT'S BEING PROPOSED RIGHT NOW, I DON'T SEE ANY CHANGES THAT ARE MOVING FORWARD THAT WOULD NECESSARILY DO THAT TO A NEIGHBORHOOD.
BUT ONCE AGAIN, IF SOMEONE BROUGHT OUT, YOU WOULD NEED THE ENTIRE NEIGHBORHOOD TO REALLY BE ON BOARD TO CHANGE REGULATIONS THAT WOULD IMPACT INDIVIDUAL'S PROPERTY.
>> ANY CHANGES THAT WE WERE REQUESTING THAT FALL UNDER OUR CURRENT TZD DON'T NEED A NEW TZD REZONING EFFECTIVELY.
>> [OVERLAPPING] I WANT TO MAKE SURE I UNDERSTAND.
>> YEAH I UNDERSTAND WHAT I JUST SAID.
I THINK I UNDERSTAND WHERE I MIGHT BE WRONG ABOUT THAT.
OKAY. BUT I THINK I UNDERSTAND.
LIKE IF WE WANTED TO PUT UP A GATE IN OUR MAIN ENTRANCE, IS THAT SOMETHING THAT WOULD REQUIRE A ZONING CHANGE?
>> THAT IS THAT COULD BE A MAJOR CHANGE AND IF THAT'S SOMETHING THAT THE NEIGHBORHOOD WISHED TO DO, THERE'S ALSO ANOTHER MECHANISM FOR DOING THAT BESIDES A ZONING CHANGE. YES.
>> HELEN, AGAIN, JUST WANT TO SOME CLARIFICATION REGARDING GRANDFATHERING.
IS THAT PER RESIDENCE, NOT PER HOMEOWNER, CORRECT? MEANING IF I SELL TO A NEW OWNER, WOULD THAT NEW OWNER BE SUBJECT TO MY OTG REGULATION.
[00:45:04]
>> YEAH. ANY CHANGE OF OWNERSHIP ON YOUR PROPERTIES WOULD NOT CHANGE THE REGULATIONS THAT THEY'RE REQUIRED TO ABIDE BY.
THE THE CELLULAR PROPERTY, THE ZONING REGULATIONS THAT YOU HAVE TODAY WILL TRANSFER [OVERLAPPING] TO THE NEW OWNERS, SO THEY'RE NOT OWNER OWNER OR INDIVIDUAL, THEY ARE PER THE PROPERTY, IT RUNS WITH THE PROPERTY AND ALL THE APPROVED TZDS THAT ARE IN PLACE RIGHT NOW, THIS ORDINANCE WILL NOT CHANGE THEIR ABILITY TO CONTINUE TO BUILD AND IMPROVE BASED ON THE REGULATIONS THAT ARE ADOPTED WITH YOUR ZONING TODAY.
>> IF SOMEONE'S PROPERTY, GOD FORBID, GOT BURNED DOWN OR WHATEVER AND NEEDS TO BE REBUILT, WOULD THAT BE UNDER THE OLD OR THE NEW?
>> THAT WOULD BE UNDER YOUR CURRENT TZD REGULATIONS, THEY WOULD NEED TO COMPLY WITH THOSE TZD REGULATIONS, NOT NOTHING BEING ADOPTED HERE WOULD CHANGE WHAT THAT PERSON HAS TO ABIDE BY TO REBUILD THEIR HOME.
>> IF MY NEIGHBOR DECIDES TO DO SOMETHING DIFFERENT, THEN WHAT IS ZONE FOR, THEY CANNOT DO THAT, CORRECT?
>> HELLO. MY NAME IS KATHY BETHAN.
I CAME IN A FEW MINUTES LATE, SO I DO APOLOGIZE IF I'M ASKING SOMETHING THAT YOU'VE ALREADY COVERED, BUT I DID ATTEND THE PNC MEETING.
IN GENERAL, I DON'T LIVE IN A TDZ, BUT I'M INTERESTED IN WHAT THIS MIGHT MEAN FOR DEVELOPERS IN THE FUTURE REQUESTING TCB STATUS AND GETTING AN UNDERSTANDING OF WHAT'S DRIVING THE CHANGE.
YOU KNOW, YOU MENTIONED THERE'S BEEN CHALLENGES WITH RECENT PROJECTS AND IN TOTALITY WITH THESE DIFFERENT OPTIONS AS A NON DEVELOPER.
I'M TRYING TO UNDERSTAND IF YOU WOULD CHARACTERIZE THESE AS BEING MORE RESTRICTIVE FOR FUTURE DEVELOPMENTS OR LESS RESTRICTIVE.
>> IN GENERAL, I WOULD SAY A COUPLE OF THEM ARE PROBABLY MORE RESTRICTIVE.
I THINK THE DENSITY CHANGE, THE MINIMUM LOT SIZE, AND I WOULD SAY JUST IN GENERAL, YEAH, SLIGHTLY MORE RESTRICTIVE.
I THINK THE IDEA IS TO JUST PUT UP A COUPLE OF SOME GUARD RAILS TO KIND OF HELP THE DEVELOPER STAY WITHIN A PARTICULAR LANE.
BUT AT THE END OF THE DAY AS IT'S CURRENTLY PROPOSED, BUT CERTAINLY COULD CHANGE AS IT MOVES THROUGH COUNSEL AND OTHER INPUT PROVIDED, IT STILL HAS FLEXIBILITIES OF COUNCIL'S DISCRETION ON GRANTING SOME FLEXIBILITY IN THESE AREAS.
THE COMMISSION'S RECOMMENDATION DID NOT REMOVE OR RECOMMEND REMOVING SOME OF THE FLEXIBILITY THE COUNCIL HAS AT THE END OF THE DAY.
BUT THESE WOULD BECOME BASED STANDARDS, AND SO AS A DEVELOPER THAT COMES IN, IF THEY'RE DEVIATING FROM ANY OF THESE THINGS, THEY WILL HAVE TO ASK COUNSEL FOR SPECIAL APPROVAL TO ALTER SOME OF THOSE.
[OVERLAPPING] THAT'S PART OF THE ZONING.
>> IT'S HOPEFULLY TO HELP THEM AVOID GETTING TORPEDOED AT THE LAST MINUTE.
IS THAT WHAT YOU WOULD SAY BECAUSE THEY DIDN'T KNOW THE RULES.
>> THE ONE THAT LOOKED A LITTLE MORE LENIENT TO ME, BUT AGAIN, I'M NOT SURE I UNDERSTAND HOW TO READ ALL THIS, BUT THE ADJACENCY STANDARDS SEEMED MAYBE LESS RESTRICTIVE, OR AM I READING THAT WRONG?
>> RIGHT NOW, THERE IS NO ADJACENCY STANDARDS OUT OF OTHER THAN WHAT'S JUST WRITTEN INTO THE ORDINANCE, IT DOES NOT TAKE INTO ACCOUNT ADJACENCY.
RIGHT NOW IT'S REALLY UP TO THE DEVELOPER TO MAKE SURE THAT THEY'RE FOLLOWING THE INTENT OF THE TRANSITION DISTRICT AS FAR AS HOW THEIR INTENSITIES DISTRIBUTED ON THE PROPERTY.
RIGHT NOW, THIS WOULD PUT IN ANOTHER GUARD RAIL IN PARTICULAR
[00:50:05]
FROM COMMISSION'S RECOMMENDATION ON WHERE NON RESIDENTIAL BUILDING, COMMERCIAL BUILDING, OF SOME TYPE WOULD BE LOCATED NEXT TO AN EXISTING ESTABLISHED RESIDENTIAL NEIGHBORHOOD.IT WOULDN'T AFFECT ANYTHING INSIDE OF A TZD SIMPLY BECAUSE THAT'S THE CHARACTERISTICS OF THE TZD TO HAVE THAT MIXED USE COMPONENT POTENTIALLY.
BUT IT COULD IMPACT PLACEMENT AND SCREENING WHAT WE'RE LOOKING AT IS SETTING SOME SPECIFIC SETBACK OPTIONS FOR THE COUNCIL TO LOOK AT AS THIS GOES TO THE APRIL 1 MEETING AND THEN SOME PARTICULAR LANDSCAPE BUFFER AND SCREENING REQUIREMENTS THAT WOULD BE ADDED, WHERE NON RESIDENTIAL USE IS ABUTTING AN EXISTING RESIDENTIAL NEIGHBORHOOD.
>> THEN FINALLY, I GUESS I JUST AND I MAY BE MISSING THE OBVIOUS, BUT IS THERE ANYWHERE ARE THERE ANY RULES AROUND HOW TALL A BUILDING CAN BE IN A TZD? OBVIOUSLY, A RESIDENCE IS PROBABLY NOT GOING TO BE MORE THAN A COUPLE OF STORIES.
>> YEAH, THAT IT DOES SET A MINIMUM FLOOR HEIGHT OR EXCUSE ME, NUMBER OF FLOORS, DEPENDING ON WHETHER IT'S IN THE RETAIL OR OR THE NEIGHBORHOOD EDGE AREA AND THEN THE RESIDENTIAL HAS A MAXIMUM NUMBER OF FLOORS THAT CAN BE AND THAT'S WRITTEN INTO THE CODE TODAY.
THE RESIDENTIAL IS LIMITED TO TWO STORIES.
THE RESIDENTIAL EDGE, WHICH IS A NON RESIDENTIAL LESS INTENSE NON RESIDENTIAL COMPONENT OF IT, IT'S SET AT TWO AND A HALF STORIES, AND THEN THE RETAIL EDGE IS THREE STORIES.
>> SOMETHING THAT COULD BE PROPOSED IN A NEW TZD COULD NEVER BE TALLER THAN THREE STORIES.
>> NOT WITHOUT ASKING FOR A DEVIATION VARIANCE TO THAT.
WHAT IS YOUR NAME? BECAUSE I'M NOT GOING TO BE ABLE TO BE THE APRIL 1 MEETING, SO JUST TO MAKE SURE THAT WHAT WE'VE ALL DISCUSSED HERE WILL BE IN THAT THE GRANDFATHER.
I THINK THAT'S WHAT WE'RE MAINLY CONCERNED ABOUT, SO WHAT WAS YOUR [OVERLAPPING].
>> IT'S DENNIS KILLOUGH AND I'M THE DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES.
>> HOW DO YOU SPELL YOUR NAME?
>> ANY OTHER QUESTIONS OR COMMENTS? THANK YOU TO ALL FOR YOUR PARTICIPATION IN SPIN.
REMEMBER SPIN REPRESENTS ONE OF THE FIRST STEPS IN THE DEVELOPMENT PROCESS.
A SPIN MEETING REPORT WILL BE MADE AVAILABLE AFTER THE MEETING TAKES PLACE.
WE WILL INCLUDE THE SUBMITTED SPIN QUESTION AND OR COMMENT FORMS IN THE MEETING REPORTS, IF APPLICABLE.
THESE REPORTS ARE GENERAL OBSERVATIONS OF THE FORM, THEY ARE NOT VERBATIM.
INTERESTED PARTIES ARE ENCOURAGED TO FOLLOW THE CASE THROUGHOUT THE ENTIRE DEVELOPMENT PROCESS.
MEETINGS ARE RECORDED AND WILL BE MADE AVAILABLE ON THE CITY'S WEBSITE APPROXIMATELY 24 HOURS AFTER THE MEETING TAKES PLACE. THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.