Mar 20, 2023 Planning and Zoning

AS YOU CAN SEE, UM, ON THIS AERIAL MAP, UM, THE PROPERTY, UM, HAS, IS ADJACENT TO THE, UM, MAJOR VEHICLE REPAIR TO THE NORTH AND, UM, THE NORTHERN PROPERTY IS ZONED, UH, LIGHT COMMERCIAL AS WELL.

GOOD EVENING, MR. CHAIR MEMBERS THE OF THE COMMISSION.

I'M ELITE PLANNER, UM, WITH THE PLANNING DEPARTMENT.

AS MENTIONED, THIS REQUEST IS TO REZONE FROM LIGHT COMMERCIAL TO CORRIDOR COMMERCIAL, UH, PLAN DEVELOPMENT WITH CORRIDOR COMMERCIAL, UH, BASE ZONING.

UH, THE APPLICANT IS REQUESTING TO REZONE, UM, TO, UH, UH, PLAN DEVELOPMENT TO ALLOW FOR MULTI-FAMILY RESIDENTS IN THIS, UM, AREA.

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AND ALSO TO THE EAST OF THE PROPERTY, UM, IS CURRENTLY, UM, USED AS HOTEL AND IT'S ZONED LIGHT COMMERCIAL AS WELL.

THE VACANT LAND TO THE SOUTH IS ZONED, UM, LIGHT COMMERCIAL AS WELL AND TO THE WEST.

UM, THE PROPERTY IS PLANNED DEVELOPMENT WITH CORRIDOR COMMERCIAL THE SAME AS THE REQUEST.

THIS IS THE ZONING EXHIBIT SHOWING THE BOUNDARY OF THE PETITION.

TO GIVE YOU A HISTORY ON THIS SUBJECT PROPERTY.

ORIGINALLY A ZONING CASE WAS SUBMITTED UNDER THE INTERIM COMPREHENSIVE PLAN IN 2021 AND, UM, THE APPLICANT WITHDREW THE ZONING CASE.

THE COMP PLAN ANALYSIS, UM, ACCORDING TO THE COMP, UH, COMPREHENSIVE PLAN, FUTURE LAND USE MAP AND DASHBOARD, THE SUBJECT PROPERTY IS DESIGNATED DOWNTOWN, UM, CORRIDOR AND, UM, THE DOWNTOWN CORRIDOR FUTURE LAND USE CATEGORY ENVISIONS REDEVELOPMENT OF THE AREA TO PROVIDE A WELCOMING AND ATTRACTIVE GATEWAY TO DOWNTOWN THAT SUPPORTS THE TRANSFORMATION OF THE LARGER AREA INTO THE CIVIC AND CULTURAL HEART OF THE CITY.

THE COMPLAN ANALYSIS LISTS SEVERAL POLICIES, POLICIES AS IT IS LISTED ON THE SCREEN IN GENERAL, UM, THE DESCRIPTION AND PRIORITIES, UM, OF THE, UH, REGARDING TO THE DESCRIPTION AND PRIORITIES OF THE, UH, FUTURE LAND USE MAP AND DASHBOARD OF THE COMPREHENSIVE PLAN THIS PROPOSAL MEETS, UM, THIS PROPOSAL DOESN'T MEET THE MIX OF USES AND THIS PROPOSAL, UH, PARTIALLY MEETS THE CHARACTER DEFINING ELEMENTS OF THE COMPREHENSIVE PLAN AND DASHBOARD WHEN IT COMES TO THIRD FIRM.

UM, PLAN MAP.

UM, THIS PROPOSAL MEETS PLUS, UH, IT MEETS THE BICYCLE TRANSPORTATION PLAN MAP.

IT MEETS THE, UH, PARKS MASTER PLAN MAP, BUT IS IT DOES NOT MEET THE, UH, EXPRESSWAY CORRIDOR ENVIRONMENTAL HEALTH MAP.

AS FOR THE REDEVELOPMENT AND REGIONAL TRANSPORTATION CORRIDOR POLICY, THIS PROPOSAL DOES NOT MEET THE REQUIREMENT.

THIS REQUEST ALSO DOES NOT MEET THE, DEPENDING ON THE DIRECTION OF THE, UM, COMMISSION.

UM, THIS PROPERTY, THIS PROPOSAL MAY MEET TRANSLATE ORIENTED DEVELOPMENT POLICY.

AS FOR RGM ACTION ONE AND R GM ACTION EIGHT.

THIS PROPOSAL DOES NOT MEET AND ALSO R GM ACTION ONE TRIGGERS FINDING POLICY.

AS FOR THE DOWNTOWN VISION AND STRATEGY UPDATE, UM, THIS ALSO REQUIRES THE DIRECTION FROM COMMISSION.

AS FOR MULTI-FAMILY RESIDENTIAL UNITS, THE PROPOSED, UM, ZONING CHANGE PROPOSED A 325 UNITS, AND THE REQUEST IS NOT IN CONFORMANCE WITH THE SIGNIFICANT PORTION OF THE COMPREHENSIVE PLAN.

THE SURROUNDING SURROUNDING ZONING ON THE NORTHEAST AND SOUTH SIDES ARE INCOMPATIBLE WITH THE RESIDENTIAL LIVING.

APPROXIMATELY THREE HUN 3000 TOTAL UNITS HAVE BEEN BUILT OR ARE PENDING CONSTRUCTION IN THE DART CORRIDOR.

AS FOR THE ACCESS TO DART THE WALKING DISTANCE TO THE CLOSEST DART STATION, WHICH IS GOING TO BE IN THE CITY LINE, IS APPROXIMATELY 1000 FEET.

FUTURE RESIDENT RESIDENTS WILL BE ABLE TO ACCESS THE PEDESTRIAN CONNECTION CROSSWALK FROM THE WESTERNMOST POINT OF THE PROPERTY AND THROUGH A PROPOSED TRAIL CONNECTION THAT IS PART OF THE PLANT DEVELOPMENT.

THE SUBJECT PROPERTY IS ALSO LOCATED IN E H

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A TWO, THE EXPRESSWAY CORRIDOR ENVIRONMENTAL HEALTH STUDY NOTES THAT THE PARTICULATE MATTER CONCENTRATION IS SIGNIFICANTLY HIGHER WITHIN 330 FEET OF MAJOR HIGHWAYS, AND CONCENTRATION OF SOME AIR POLLUTANT DE DECREASES BY OVER 50% WITHIN THE FIRST HUNDRED, 250 METERS FROM THE EDGE OF THE ROADWAY.

THE SOUTHERN EDGE OF THE PROPERTY UNDER CONSTRUCT, UH, UNDER CONSIDERATION IS WITHIN 140 AND 210 FEET OF THE EDGE OF STATE HIGHWAY ONE 90, WHICH IS LESS THAN 330 TO 490 FEET.

THE SUBJECT SIDE IS LOCATED WITHIN THAT AREA, AND THE ASSOCIATED CONCEPT PLAN SHOWS A PARKING STRUCTURE BETWEEN THE EXPRESSWAY AND THE TWO RESIDENTIAL BUILDING TO ACT AS A NOISE BARRIER RESULTING IN AN OUTDOOR NOISE LEVEL OF UP TO 74 DBA FOR THE SOUTH BUILDING AND UP TO 65 D B A ON THE NORTHERN BUILDING.

THE PLAN DEVELOPMENT STIPULATION REQUIRES THE APPLICANT TO PROVIDE NOISE READING FOR ALL THE UNITS TO SHOW A NOISE LEVEL OF LESS THAN 45 D B A.

THIS INDOOR TARGET IS CONSISTENT WITH THE INTENT OF THE GUIDELINES, BUT THE MITIGATION DOES NOT ACHIEVE THE TARGET FOR OUTDOOR NOISE LEVEL.

THE E H A SITE ANALYSIS CONFIRMS THAT THERE IS NO REASONABLY FEASIBLE MITIGATION THAT COULD ACHIEVE TO TARGET MAXIMUM OUTDOOR NOISE LEVEL OF 65 D DBA FOR THE SOUTH BUILDING.

ACCORDING TO THE PLAN DEVELOPMENT STIPULATION, UM, 10 TO 20%, UM, REQUIRED OPEN SPACE, UM, IS EXPECTED FROM THIS DEVELOPMENT AND ALSO, UM, THE APPLICANT REQUIRES TO PROVIDE, UM, A MINIMUM OF 50 FOOT SETBACK FROM THE NORTHERN PROPERTY LINE, WHICH IS CURRENTLY A MAJOR VEHICLE REPAIR.

AND ALSO THE APPLICANT AGREED TO, UH, PROVIDE A SEVEN FOOT PEDESTRIAN WALK ALONG JAY PLACE, ALONG WITH STREET TREES AND ON STREET PARKING TO GIVE, UH, AN URBAN LOOK.

AND ALSO THE APPLICANT IS PROVIDING TRAIL CONNECTION TO THE, UM, CURRENT TRAIL AND ALSO, UM, THEY ARE GOING TO PROVIDE LANDSCAPE OFFERS ON ALL THREE SIDES, NORTHERN, SOUTHERN, AND WESTERN.

THERE ARE ALSO FLOOR AREA RATIO REQUIREMENTS, UNIT SIZE RESTRICTIONS, AND, UH, SCREENING REQUIREMENTS LISTED IN THE PLANT DEVELOPMENT.

AS FOR THE RESPONSES, WE DIDN'T RECEIVE A SIGNED LETTER, UM, WITH INDEED 200 FEET BUFFER OF THE ZONING PETITION, BUT WE RECEIVE ONE UNIQUE RESPONSE AND ONE DUPLICATE RESPONSE WITHIN THE AREA OF REQUEST AS IT IS SHOWN IN THE EXHIBIT.

IN TOTAL, WE RECEIVE FOUR UNIQUE RESPONSES WITH TWO DUPLICATE RESPONSES AND TWO RESPONSE OUTSIDE THE CITY.

UM, THE CITY LIMITS.

AS FOR THE SUMMARY OVERALL, THE PD DISTRICT IS DESIGNATED TO INCLUDE STANDARDS WHICH WILL ALLOW FOR MULTI-FAMILY RESI RESIDENTIAL DEVELOPMENT TO OCCUR CONSISTENT WITH THE COMPANION CONCEPT PLAN.

DAMI NUMEROUS COMPREHENSIVE PLAN OBJECTIVES SUCH AS MODIFYING THE BUILDING DESIGN TO MITIGATE THE NOISE AND AIR POLLUTION WHERE POSSIBLE, APPLYING THE PROPOSED STREET SECTION ALONG JAY PLACE AND PROVIDING TRAIL CONNECTION AS NOTED IN THE PLAN DEVELOPMENT STIPULATION.

AS FOR HIS ZONING CASE RECOMMENDATION, DUE TO THE LACK OF CONFORMANCE WITH THE R G M ONE, THIS REQUEST IS DISFAVOR UNDER THE COMPREHENSIVE PLAN AND WILL WILL REQUIRE A JUSTIFICATION OF FINDINGS BY THE PLANNING AND ZONING COMMISSION.

THE PLANNING AND ZONING COMMISSION MAY OCCASIONALLY ALLOW PROPOSALS THAT DO NOT STRICTLY CONFORM TO THE STANDARD

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ABOVE, AS NOTED IN THE FINDING FORM.

AS FOR THE CONCEPT PLAN, DUE TO THE RECOMMENDATION FOR DENIAL OF THE ZONING CASE, STAFF RECOMMENDS DENIAL OF THE COUNSEL PLAN.

I BELIEVE THE APPLICANT IS AVAILABLE TO ANSWER ANY QUESTIONS AND, UH, HAVE A, THEY HAVE A PRESENTATION AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

QUESTIONS FOR STAFF? OH, HERE WE GO.

MR. BRONSKI.

I'M GONNA TRY TO PAY ATTENTION TO THE SPEAKER BUTTON.

DOES.

THANK YOU VERY MUCH FOR THE THOROUGH PRESENTATION.

UH, MY FIRST QUESTION ACTUALLY IS FOR MR. BELL.

UM, MICHAEL, COULD YOU EXPLAIN TO US WHY WHEN WE'RE LOOKING AT THE, UH, DOWNTOWN AREA, THERE ARE CERTAIN SINGLE FAMILY HOME AREAS THAT ARE EXCLUDED FROM THE CALCULATION? SURE.

THERE ARE ACTUALLY FOUR NEIGHBORHOODS, HAGGARD DOUGLAS VINDO AND THE HAGGARD EDITION ONE IS ON THE EDGE, SO IT'S NOT EASY TO SEE.

UM, THOSE ARE HISTORIC, GENERALLY HISTORIC NEIGHBORHOODS, AND THE IDEA BEHIND TAKING THEM OUT OF DOWNTOWN CORRIDORS AND PUTTING THEM INTO NEIGHBORHOODS WAS TO EMPHASIZE THAT THESE ARE HISTORIC, THEY'RE WORTHY OF PRESERVATION IN THEIR CURRENT FORM AND NOT APPROPRIATE FOR THE TYPE OF INTENSITY AND DENSITY THAT ARE ALLOWED WITHIN THE DOWNTOWN CORRIDORS DASHBOARD.

AND, UH, ONE FOLLOW UP.

THE NINE HOMES THAT WE RECENTLY APPROVED ARE IN THAT GENERAL AREA.

WERE THOSE INCLUDED IN THAT AS WELL ON 11TH STREET OR SOMEWHERE? UH, I BELIEVE THOSE ARE IN, I HAVE TO DOUBLE CHECK.

I BELIEVE THOSE ARE IN THE NEIGHBORHOODS ASSOCIATED WITH BENDO, BUT I CAN DOUBLE CHECK.

THANK YOU VERY MUCH FOR THAT.

UM, MY SECOND QUESTION IS, UM, YOU MENTIONED ON ONE OF THE SLIDES WHEN YOU COVERED THE FOUR AREAS AROUND THIS PROPERTY THAT THE SOUTH, UM, PROPERTY DIRECTLY BELOW THIS WAS INCOMPATIBLE WITH RESIDENTIAL LIVING BECAUSE IT'S DESIGNED AS LIGHT COMMERCIAL.

CAN WE REALISTICALLY EXPECT TO SEE LIGHT COMMERCIAL DEVELOPED ON THAT PROPERTY THE WAY THAT IT'S STRUCTURED WITH, UM, THE DRAINAGE RUNNING THROUGH IT? UM, GREAT.

AS YOU MENTIONED, THERE IS A DRAINAGE EASEMENT ON THE EASTERN PORTION OF THAT PROPERTY, AND, UM, WE HAD STAFF HAS, UM, CONTEMPLATED ABOUT THE POS POTENTIAL REDEVELOPMENT IN THE FUTURE.

WE ENCOURAGE THE APPLICANT TO REACH OUT, UH, TO THE PROPERTY OWNER TO INCORPORATE THAT SECTION, UH, WITHIN THIS REQUEST, BUT, UH, I BELIEVE THEY CAN, UM, FURTHER EXPLAIN THAT, BUT, UH, I BELIEVE THEY WERE NOT ABLE TO SECURE THAT PROPERTY.

UM, HOWEVER, UM, DE DEPENDING ON THE USE IN THE FUTURE, UM, IT MAY BE, UH, DEVELOPABLE DEPENDING, SO THEY WOULDN'T BE ABLE TO BUILD SOMETHING ON THEIR STAFF THINKS THAT, UM, BASED ON THE REQUIRED SETBACK, UM, IT IS POSSIBLE.

UH, THAT'S ALL I HAVE FOR RIGHT NOW.

THANK YOU, MR. MR. BRUNSKI.

I HAVE AN ANSWER TO YOUR QUESTION.

UM, I ACTUALLY MISSPOKE.

IT IS PART OF THE DOWNTOWN CORRIDOR IS THAT ACTUALLY FOLLOWS THE BOUNDARY.

IT'S RIGHT ON THE EDGE AND THOSE ARE ACCOUNTED IN THE CALCULATIONS FOR THE MIXED PIECES FOR THIS.

THAT'S, THAT'S KIND OF WHAT I WAS THINKING, SO THANK YOU.

FOLLOW FOLLOWING UP WITH THAT.

I BELIEVE NEXT WOULD BE MR. O COMMISSIONER O.

UH, QUICK QUESTION.

THE, I BELIEVE IT'S, IT'S THE BUILDING, UH, THE DEVELOPMENT TO THE WEST IS ALREADY PD, UH, CORRIDOR COMMERCIAL.

DOES THAT FALL WITHIN THE EHA? ANY OF THE HHA ZONES, UM, DESIGNATIONS THAT PROPERTY, UH, WAS APPROVED PRIOR TO THE E HHA DESIGNATION.

I WOULD ASK MR. UH, GORDON ROCKER BE TO EXPLAIN ON THE, UM, CERTAIN REQUIRED TRISH THRESHOLD FOR AIR POLLUTION.

UH, REGARDING THE EHA DESIGNATION, UH, KNOW WE ALWAYS TALK ABOUT NOISE AND NOISE MITIGATION, BUT THERE'S A PARTICULATE MATTER, UM, COMPONENT TO THAT, UH, UH, THE, UH, RULES CONCERNING THAT JUST ON INDOOR PARTICULATE MATTER OR DOES THAT COVER THE OUTDOOR SPACES? SO A POOL OR THE, UM, OPEN GROUND? DOES THE PARTICULATE MATTER MITIGATION HAVE, DO WE HAVE, DOES, ARE THERE RULES THAT GOVERN THE OUTDOOR SPACES OR IF YOU SOLVE FOR THE INDOOR YOU, YOU'VE SOLVED FOR, UH, ANY EHA CONSIDERATIONS IN THAT? IN THAT, AS FAR AS I UNDERSTAND, UM, THE, UM, AIR POLLUTION AND NOISE POLLUTION, BOTH, UM, THERE ARE CONSIDERATION FOR BOTH INDOOR AND OUTDOOR.

HOWEVER, UM,

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HI.

HELLO.

UH, JORDAN ROCKABEY, SENIOR PLANNER IN THE, UH, DEVELOPMENT SERVICES DEPARTMENT OF THE PLANNING DEPARTMENT.

UM, SO IT ANSWERED THE QUESTION ABOUT THE, UH, PARTICULATE MATTER.

UM, THE COMP PLAN DOESN'T HAVE A TARGET THRESHOLD FOR, UM, PARTICULATE MATTER.

AND WHAT IT DOES DIRECT IS, UM, FOR INTAKE VENTS TO BE LOCATED AS FAR AWAY FROM THE SOURCE OF POLLUTION.

SO IN THIS CASE, UM, ON THE NORTH SIDE OF THE BUILDINGS AWAY FROM, UH, THE, UM, HIGHWAY AS WELL AS, UM, THE ZONING TYPICALLY REQUIRES A, UH, LARGER LANDSCAPE EDGE, UM, ALONG THE SIDE OF THE SITE CLOSEST TO THE HIGHWAY, UM, TO HELP MITIGATE, UM, BOTH INDOOR AND OUTDOOR PARTICULATES.

BUT SO THE, THE ONLY MITIGATION WE HAVE FOR OUTDOOR PARTICULATES IS, SOUNDS LIKE IS MORE DISTANCE THE FURTHER AWAY YOU CAN GET AWAY FROM THE SOURCE? CORRECT.

THE, THE TWO WOULD BE THE NUMBER ONE DISTANCE FOR THE INTAKE VENTS TO HELP MITIGATE THE INDOOR, UM, PART LEVELS AND THEN HAVING THAT ADDITIONAL LANDSCAPING, UH, REQUIRED, UM, AS THAT KIND OF NATURAL, UM, ABSOLUTELY FILTER.

THANK YOU COMMISSION MORALE.

THANK YOU, CHAIRMAN.

UM, COUPLE OF QUESTIONS ABOUT RGM.

ONE, UM, LOOKING AT THE REASONS WHY WE'RE NOT COMPLYING WITH RGM.

ONE, JUST TO CLARIFY, ARE TWO PRIMARY REASONS.

ONE IS THE, THE MIX OF USES AND SECOND IS THE DENSITY.

IS THAT CORRECT? CORRECT.

SO ONE OF THE THINGS THAT'S KIND OF WOVEN THROUGH YOUR ENTIRE STAFF REPORT IS ABOUT A QUESTION ABOUT WHETHER OR NOT THIS IS A T O D OR NOT A T O D.

AND, AND SO IF WE INDEED FIND THAT THIS IS A T O D, DOES THE DENSITY QUESTION GO AWAY? CORRECT.

SO THEN WE'D BE DOWN TO A MIX OF USES.

QUESTION.

YES, SIR.

UM, SO LAST MEETING WE, WE HAD A CASE, UH, WHERE WE ACTUALLY LOOKED BEYOND THE BOUNDARIES OF THE PROPERTY TO CONSIDER MIX OF USES.

AND HAVE WE LOOKED CONSIDERED THAT AS A WAY TO LOOK AT THIS CASE AS WELL? NO, IT'S CLEARLY DEFINED IN THE, IN THE LADIES AND HOUSING INVENTORY THAT IT'S DEF IT'S LIMITED TO THE MIX ABUSES WITHIN THE DOWNTOWN CORRIDORS AREA BOUNDARY.

SO THIS IS A UNIQUE REQUIREMENT TO THE DOWNTOWN CORRIDORS AREA FOR THE MIX ABUSES QUESTION? WELL, THE SAME APPLIED TO THE FRY'S CASE.

IT WAS LI IT WAS COUNTING THE ENTIRE EXPRESSWAY CORRIDOR.

IT WAS THE APPLICANT WHO SUGGESTED, INCLUDING THE ENTIRE AREA AROUND, THAT WAS NOT A STAFF CALCULATION.

SO IN THIS CASE, IT'S THE SAME.

IT'S, IT'S ALL THE PROPERTIES WITHIN DOWNTOWN CALCULATED TOGETHER TO CALCULATE THAT MIX OF USES.

SO IT'S NOT ABOUT THE MIX OF USES ON THAT PARCEL.

WE'RE TALKING ABOUT THE OVERALL MIX OF USES IN THE DOWNTOWN CATEGORY, DOWNTOWN CORRIDOR.

THAT'S WHY I NEED A CLARIFICATION.

GREAT.

UH, COMMISSIONER KERRY, I DON'T KNOW WHY COMMISSIONER O IS YOUR SPEAKER BUTTON STILL.

A CORRIDOR THAT HAS BEEN IDENTIFIED FOR REDEVELOPMENT.

UH, FIRST OF ALL, THANKS FOR THE RIGOR ON THIS.

I THINK THAT, YOU KNOW, STAFF IS REALLY SORTING THROUGH THIS TO TRY TO GET THE RIGHT ANSWERS, ESPECIALLY AS IT LAYER LAYERS INTO THE COM UM, COMP PLAN.

SO, YOU KNOW, I APPLAUD YOU FOR THAT.

MY, MY QUESTION'S SIMPLE.

IT'S KIND OF, UM, PIGGYBACKING ON COMMISSIONER RATS AND IT HAS TO DO WITH RGM ONE AND, AND AS I READ IT, ONE OF THE ELEMENTS OF RGM ONE IS SUBSTANTIAL BENEFIT TO THE IMMEDIATE NEIGHBORS SURROUNDING COMMUNITY AND PUBLIC INTEREST.

AND SO ONE OF THE THINGS THAT WE SAID IS THAT THIS WOULD BE IN CONFLICT DUE TO R GM ONE, BUT AS I READ THIS, I THINK MAYBE THERE COULD BE A CASE THAT THERE MIGHT BE BENEFIT TO THE NEIGHBORS AND SURROUNDED COMMUNITY AND GENERAL PUBLIC.

AND SO MY QUESTION IS, UM, HOW DID YOU GUYS LOOK AT THAT WHEN YOU SAID THAT IT WAS DISFAVOR DUE TO THAT? RIGHT.

SO WHAT WE SIMPLY LOOK AT IS THE MIX OF USES THE BUILDING HEIGHT AND THE DENSITY.

THAT'S IT.

IF IT DOES NOT COMPLY WITH ONE OF THOSE THREE, IT'S DISFAVOR.

THE, THE DECISION TO DETERMINE WHETHER IT'S SUBSTANTIALLY BENEFICIAL TO THE NEIGHBORS FALLS TO THE PLANNING AND ZONING COMMISSION TO THE CITY COUNCIL.

WE AS STAFF DON'T MAKE A RECOMMENDATION ON THAT.

THANK YOU VERY MUCH, COMMISSIONER BRUNOS.

THANK YOU, MR. CHAIRMAN.

UM, I'M LOOKING AT THE LETTER WHICH APPEARS ON PAGE 1 48 OF OUR PACKET.

IT'S A LETTER FROM ADAM BROWN, ADDRESS TO CHRISTINA DAY, DIRECTOR OF PLANNING.

AND IT STARTS OUT BY SAYING I FIRST WANT TO THANK YOU AND THE PLANNING STAFF FOR YOUR TIME, EFFORT, AND VISION IN ASSISTING US WITH THIS APPLICATION.

OVER THE PAST YEAR, IN PARTICULAR, MR. ERIC HILL AND MS. RAJA P LOTTI HAVE BEEN INSTRUMENTAL IN CRAFTING A PROJECT THAT THE CITY OF PLANO CAN BE PROUD OF IN

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DID YOUR DEPARTMENT CRAFT THIS PROPOSAL? UM, I BELIEVE, UM, THERE NEEDS TO BE A LITTLE BIT OF CLARIFICATION.

WE, UM, THE INITIAL REQUEST WAS, UM, TO REZONE FROM LIKE, UH, COMMERCIAL TO BG DISTRICT.

HOWEVER, UM, WE TALKED TO THE APPLICANT AND, UM, THEY AGREED TO DO A PLAN DEVELOPMENT CORRIDOR COMMERCIAL SIMILAR TO THE PROPERTY TO THE WEST.

AND THEY AGREED TO, UH, ALMOST ALL OF THE DESIGN REQUIREMENTS AND, UM, OTHER, UM, DESIGN ELEMENTS.

UM, IN ORDER TO CHANGE THEIR REQUEST.

I THINK WHAT THEY MEANT WAS, UH, WE HELPED THEM WITH, UH, THE PLAN DEVELOPMENT REQUIREMENTS IN, UM, STIPULATIONS.

BUT YOU'RE STILL RECOMMEND, YOU WERE STILL, YOUR DEPARTMENT STILL DISFAVORS THE APPLICATION? UM, ACCORDING TO COMPREHENSIVE PLAN, RGM ONE AND R G M EIGHT, UM, THEY DON'T NEED, UM, CERTAIN PORTION OF THOSE.

THAT'S WHY WE ARE NOT ABLE TO, UM, FAVOR THIS PETITION.

NOW, AT OUR LAST MEETING WHEN WE WERE LOOKING AT THE FRY PROPERTY, UM, CHRISTINA DAY WAS SITTING IN ON OUR MEETING, THAT PARTICULAR MEETING, AND I ASKED HER SPECIFICALLY ABOUT THE DEVELOPMENT TO THE WEST AURA ONE 90 I THINK IT'S CALLED, AND HOW THAT GOT TO BE APPROVED GIVEN, YOU KNOW, THE ENVIRONMENTAL AND THE MIX OF USES IN DOWNTOWN CORRIDOR FACTORS THAT, THAT, THAT WE'RE LOOKING AT HERE.

AND I BELIEVE THE ANSWER I RECEIVED WAS THAT THE ORAL ONE 90 PROJECT WAS APPROVED UNDER A PREVIOUS COMPREHENSIVE PLAN, WHICH IS NO LONGER IN EFFECT UNDER, UM, LOOSER LESS RIGIDLY DEFINED STANDARDS THAT WERE IN EFFECT AT THAT TIME, BUT ARE NO LONGER IN EFFECT WITH THE CONCLUSION THAT IT WOULD NOT PROVIDE A PRECEDENT SUPPORTING A SIMILAR DEVELOPMENT.

THAT DOESN'T MEAN WE CAN'T APPROVE A SIMILAR DEVELOPMENT, BUT WE CAN'T LOOK TO THAT PROJECT AS, UM, PRECEDENT TO SUPPORT IT.

IS THAT ALSO YOUR UNDERSTANDING? I'M NOT SURE IF I UNDERSTAND THE QUESTION CORRECTLY.

SO COMMISSIONER BUR, I THINK YOU'RE, YOU'RE CORRECT.

MS. DAY WANTED TO BE CLEAR THAT THERE WAS A DIFFERENT COMPREHENSIVE PLAN IN PLACE AT THE TIME THAT THAT PREVIOUS CASE WENT FORWARD AND WAS APPROVED.

SO WE JUDGE EACH CASE UNDER THE COMPREHENSIVE PLAN, UH, UNDER WHICH IT'S, IT'S BEEN FILED UNDER.

SO WE DID NOT LOOK AT THAT PREVIOUS PLAN BASED UPON THIS REQUEST.

SO WE JUST VIEW IT UNDER THE CURRENT LENS OF, OKAY, WE REVIEWED THIS PLAN UNDER ITS ITS OWN SET OF MERITS AND NOT BASED ON WHAT HAPPENED TO THE WEST.

WE DO NOTE THAT THERE IS RESIDENTIAL PROXIMITY.

SO THAT'S, THAT'S SOMETHING THAT'S IN FAVOR OF THIS REQUEST.

WE'VE NOTED THAT IN OUR STAFF REPORT, AND AS, AS MS. PIATTI MENTIONED, YOU KNOW, ALL OF THE PLANS AND ZONING CASES THAT YOU SEE BEFORE US STAFF HAS HAD A HAND IN THOSE, UM, ESPECIALLY COMPLEX ZONING CASES LIKE THIS, WE HELP THE APPLICANT CRAFT THE LANGUAGE AND, YOU KNOW, PROPOSE, UH, DESIGN CHANGES, THINGS LIKE THAT REALLY TO HELP THEM, UH, DO BUSINESS THE WAY PLANO DOES AND GIVE THEM THE BEST OPPORTUNITY FOR SUCCESS.

UM, DO I ALSO UNDERSTAND THAT THE PROPERTY IMMEDIATELY TO THE NORTH OF THIS PARCEL IS AN ACTIVE AUTO REPAIR FACILITY? CORRECT.

IT'S A MAJOR VEHICLE REPAIR AND, UM, ACCORDING TO, UM, CURRENT STANDARDS FOR RESIDENTIAL ADJACENCY, UH, THERE SHOULD BE A MINIMUM OF 150, UM, SEPARATION BETWEEN, UM, THE BAY DOORS AND, UM, THE RESIDENTIAL UNITS.

BUT IF I'M NOT MISTAKEN, UM, WITH THE 50 FOOT SETBACK THERE WOULD BE, UH, CLOSE TO 85 FEET FROM THE BAY DOORS OF THOSE, UH, MAJOR VEHICLE REPAIR.

HOWEVER, WOULD THE, UH, PLANNED DEVELOPMENT ALLOWING FOR THESE RESIDENTIAL USES, UM, THAT WILL REMEDY THAT 100 AND FEET, 150 FEET RESIDENTIAL HGSS, UH, WOULD THE, THE UNITS IN THE NORTHERN MOST BUILDING LIKE HAVE WINDOWS OR BALCONIES OVERLOOKING THE AUTO REPAIR FACILITY? I THINK, UH, THE APPLICANT WOULD BE, UH, A BETTER RESOURCE TO ANSWER THOSE QUESTIONS.

UH, HOWEVER, UM, THE APPLICANT IS REQUIRED TO PROVIDE, UM, AN OPAQUE, UH, EVERGREEN LIVING SCREENING, UM, ON THE NORTHERN SIDE, UM, IN ADDITION TO AN A, A ROCK IRON FENCE.

UM, YEAH.

WOULD THE FENCE AND THE AND THE VEGETATION BE FIVE STORIES TALL? NO, IT WOULD BE A MINIMUM OF EIGHT FOOT TALL.

THAT'S ALL.

THANK YOU, MR. CHAIRMAN.

YEAH, THERE IS NO PROHIBITION FOR WINDOWS OR BALCONIES ON THAT FACADE, I BELIEVE.

IS THAT CORRECT? SPATE? THERE'S NO PROHIBITION TO WINDOWS OR BALCONIES? NO, IT'S NOT.

SO THE PROPERTY OWNER COULD DEVELOP IT.

UH, COMMISSIONER REIFF, THANK YOU.

JUST A FOLLOW UP QUESTION ON R

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GMMA.

WE'VE ALREADY TALKED ABOUT THE MIX USES, SO I PRESUME THAT STANDARD IS THE SAME, BUT R GMMA ALSO IS ABOUT EHA TWO.

SO IS THAT THE PRIMARY REASON THAT R GMA IS COMING INTO PLAY IS BECAUSE THE EHA? I WOULD LET MR. BELL, SO R GMA APPLIES TO, IT SAYS RESIDENTIAL USE ISSUES SHOULD BE IN CONFORMANCE WITH THE FUTURE LAND USE DASHBOARDS, WHICH IT'S NOT BECAUSE OF MIX USES.

AND SECONDLY, THAT MULTI-FAMILY DEVELOPMENT SHOULD MEET A HOUSING DIVERSIFICATION OR ECONOMIC DEVELOPMENT STRATEGY OF THE CITY, SUCH AS TRANSIT-ORIENTED DEVELOPMENT.

SO THOSE TWO THINGS TOGETHER BOTH MUST BE MET TO COMPLY WITH R G M EIGHT.

SO IF WE, IF WE GO BACK TO MY ORIGINAL QUESTION ABOUT, IF WE SAY THAT WE, THAT, AND I'M NOT SPEAKING FOR THE COMMISSION, BUT IF WE GO ON THE ASSUMPTION THAT IT IS A T O D, DOES THAT MIX OF USES ANSWER CHANGE? NO, BECAUSE THEY WOULD STILL NOT BE COMPLIANT WITH MIX ABUSES.

THEY WOULD CHECK THE BOX FOR AN ECONOMIC DEVELOPMENT STRATEGY, BUT THE OTHER HALF OF THAT WOULD STILL NOT BE MET.

SO WE'RE THEN, WE'RE STILL BACK TO THE MIX OF USES IN THE EHA QUESTION? CORRECT.

AND IF I COULD OFFER A CLARIFICATION TO YOUR QUESTION EARLIER ABOUT R GM ONE, YOU HAD ASKED ABOUT THE SITE SPECIFICS ON FRY'S CASE, THERE'S A SEPARATE ACTION R GM FIVE THAT APPLIES TO MIXED USE PROJECTS, AND THAT IS ON A SITE BY SITE BASIS.

THAT DOES NOT APPLY IN THIS CASE BECAUSE IT'S STRAIGHT MULTI-FAMILY REQUEST.

IT'S NOT A MIXED USE DEVELOPMENT.

GOT IT.

UH, MR. BROSKY, UH, I HAVE ONE QUESTION ABOUT THE, UH, E H A, UH, INTAKE.

ARE, ARE THERE ANY INTAKE MITIGATIONS THAT COULD BE USED TO MITIGATE THE PARTICULATE INTAKE TO MEET THE EHA GUIDELINES? UM, SO, SO JUST TO, UH, CLARIFY, WE DON'T HAVE A SET STANDARD FOR, UM, LIKE PARTICULATE PARTS PER MILLION.

UM, WE SIMPLY, UH, REQUIRE THAT THAT INTAKE BE LOCATED AS FAR AWAY FROM THE SOURCE OF POLLUTION AS POSSIBLE.

UM, WHETHER OR NOT CERTAIN SCREENING COULD BE ADDED TO THAT FILTER, THAT'S SOMETHING THAT I DON'T HAVE EXPERTISE IN, UM, IF I'M UNDERSTANDING YOUR QUESTION CORRECTLY.

SO, UH, SO IT'S JUST A MATTER OF DISTANCE.

WE DON'T REALLY, I MEAN, IT ACTUALLY, THEY, THERE COULD BE MITIGATIONS THAT WOULD BE BETTER THAN DISTANCE, BUT WE JUST HAVEN'T, WE'RE JUST SAYING DISTANCE IS DISTANCE.

BECAUSE WE DON'T HAVE, UM, THAT TARGET, UH, PARTS PER MILLION TO HAVE A MEASUREMENT.

LIKE WE, WE DON'T HAVE A TARGET TO REDUCE PARTICULATES BY X PERCENT OR TO A CERTAIN LEVEL.

SO THE, THE BEST THING THAT WE, WE OFFER IS TO REQUIRE THAT THOSE INTAKES BE LOCATED AS FAR AWAY, UM, FROM THE SOURCE OF POLLUTION AS POSSIBLE.

WHETHER ADDITIONAL FILTERS ARE ADDED ON THAT BY THE DEVELOPER IS AT THEIR DISCRETION.

AND SO I HAVE ONE OTHER QUESTION RELATED TO THE SOUND AS WELL.

MM-HMM.

SO, UM, THERE'S A SNORING FAN PROBLEM IN MY FAMILY'S HOME.

AND, UM, ONE OF THE THINGS I NEVER THOUGHT WE WOULD DO, AND I'M NOT SAYING WHICH SIDE THAT FALLS ON, UM, ONE OF THE THINGS I NEVER THOUGHT WE WOULD DO IS WE ACTUALLY PURCHASED A BOWS, UM, SLEEP BUDS TO GO IN OUR EARS.

AND I WAS REALLY SURPRISED THAT RATHER THAN BEING ABLE TO, UM, SIMPLY DEADEN THE SOUND, IT ACTUALLY USES SOUND TO DEADEN ALL OF THE NOISE.

SO OUR, THE IDEA THAT, UH, THE E H A IS 74 OR, UH, SOME NUMBER, UH, ABOVE 45, UH, HAVE WE TAKEN INTO CONSIDERATION SOME OF THE IMPACTS THAT SOUND, UH, ESPECIALLY SIMILAR SOUNDS TO WHAT ROADWAYS WOULD PROVE TO ACTUALLY BE POSITIVE INTO DEADENING SOUND? UH, RATHER THAN JUST SAYING ALL SOUND IS BAD, ASSUMING I'M, UH, UNDERSTANDING THE QUESTION, RIGHTUM NO, WE HAVE NOT DONE THAT.

UH, WHAT THE, UM, EHA GUIDELINES STATE IS THAT THE OUTDOOR NOISE, UM, BE NO GREATER THAN 65, UH, DB D B A L D N.

SO IT DOES NOT ACCOUNT FOR, UM, NOISE LEVELS ON THE INTERIOR OF THE UNIT, JUST ON THE, UM, OUTSIDE.

NO, NO, NO.

SO MY QUESTION WAS, UM, WELL, LET ME SEE IF I CAN PHRASE THIS DIFFERENTLY ON MY STREET.

IF SOMEBODY COMES DOWN MY STREET BLOWING A HORN REALLY LOUDLY MM-HMM.

HAVING A SOUND LEVEL THAT WOULD BE A NEUTRAL KIND OF SOUND MAY ACTUALLY BE A NET POSITIVE TO MY HOME BECAUSE OF THE EXTERIOR NOISE GOING ON.

WE'VE NEVER LOOKED AT WHAT THE IMPACT ACTUALLY COULD BE ON A POSITIVE SIDE FOR A HOMEOWNER LIVING IN A RESIDENCE WITH A DBA ABOVE 45 IS, I GUESS MY QUESTION.

SO THE, UM, THE EHA GUIDELINES DON'T HAVE THAT AMOUNT OF NUANCE

[00:35:01]

WRITTEN INTO THEM.

I WOULD NEED TO LOOK BACK AT THE CONSULTANT'S REPORT FROM, IS IT 2021 THAT WAS USED IN PREPARING THOSE GUIDELINES TO SEE IF THAT PARTICULAR ISSUE WAS SOMETHING THAT THEY CONSIDERED IN THEIR RECOMMENDATIONS.

I WAS JUST CURIOUS.

THANK YOU FOR THAT.

SOUNDS TO ME MORE LIKE A MITIGATION ISSUE, WHICH I WOULD LEAVE TO THE DEVELOPERS TO DO THE RESEARCH AND GO, BY THE WAY, WE'VE DISCOVERED, AND TO YOUR POINT, A, A 90 DEGREE FREQUENCY SEPARATION FROM THE AMBIENT NOISE WILL ELIMINATE NOISE OR REDUCE THE OVERALL TOTAL NOISE.

SO ANYWAY, THANK YOU.

ANYTHING ELSE? NO, MR. ALI, PLEASE.

UM, QUICK FOLLOW UP AND BACK TO THE EHA, TO THE PARTICULATE MATTER.

UM, THE ADJACENCY STANDARD TO THE MOTOR VEHICLE REPAIR YOU MENTIONED, UM, JUST FOR MY EDUCATION, WHY THAT ONE 50 IS, DOES PARTICULATE OR EXHAUST FROM THAT KIND OF BUSINESS COME INTO THE REASON WHY WE REQUIRE THAT SETBACK? OR IS IT JUST MORE OF A VISUAL, UH, YOU KNOW, WE DON'T WANT OUR CHILDREN SEEING EXHAUST, UM, RANDOM CARS OR WHATEVER? YEAH, SO FOR THAT, UM, THAT 50 FOOT SETBACK THAT THE, UM, APPLICANT HAS BEEN REQUESTED TO PROVIDE ON THE NORTH PROPERTY LINE, SO THEY SET BACK BETWEEN THE BUILDING AND THAT, UH, MAJOR AUTO REPAIR, UH, THAT DOESN'T COME FROM OUR E H A STANDARDS, THAT COMES FROM OUR RESIDENTIAL ADJACENCY STANDARDS.

UM, AS, UH, MS. PATE MENTIONED, WE TYPICALLY, IF IT WAS THE REVERSE HAPPENING AND A AUTO REPAIR PLACE WAS CHOOSING TO LOCATE NEAR RESIDENCES, WE WOULD REQUIRE 150 FOOT SETBACK.

SO THE 50 FOOT IS JUST, UH, SOMETHING EXTRA THAT THEY'RE ABLE TO SQUEEZE IN TO KIND OF MITIGATE, UM, THEIR PROXIMITY TO THE EXISTING, UM, BUSINESS.

AND IT'S MORE SO A NOISE AND NUISANCE NOT, UM, NOT SPECIFIC TO, UH, PARTICULATES.

OKAY, THANK YOU.

I DON'T SEE ANY MORE SPEAKER BUTTONS ON, UH, I HAD A COUPLE OF QUESTIONS, BUT I THINK THEY'VE BEEN PRETTY WELL COVERED AND, UH, WE MIGHT CIRCLE BACK TO 'EM CUZ I THINK THEY'RE ALSO SOMEWHAT RELATED TO WHAT WE MIGHT HEAR FROM THE APPLICANTS.

SO, UM, NOTHING ELSE FOR STAFF CURRENTLY.

I'LL OPEN THE PUBLIC'S HEARING AND I'M ASSUMING THE APPLICANT WANTS TO ADDRESS THIS.

YES, WE HAVE THREE REPRESENTATIVES, ADAM BROWN, JIM LAKE, AND CONNOR OSBERG.

UH, THERE'S MULTIPLE EASEMENTS, HEIGHT RESTRICTIONS.

SO WHOEVER WANTS TO GO FIRST AND HIT THE SLIDE FOUR HERE TO GO TO MINE OR, OH, PERFECT.

THERE YOU GO.

UH, GOOD EVENING.

UH, ADAM BROWN, UH, WITH INTRINSIC RESIDENTIAL GROUP.

UH, I'M HERE ON BEHALF OF THE, THE DEVELOPER.

UH, AS, AS, AS RAHA MENTIONED, UH, YOU KNOW, THE SITE'S LOCATED, YOU KNOW, THE SOUTHERN PORTION OF PLANO, UH, AND IT'S AS ASSEMBLAGE, UH, SO IT'S MULTI, IT'S THREE, CURRENTLY THREE, UH, DIFFERENT USES.

UH, SO WE'VE WORKED WITH THE OWNERS OVER THE COURSE OF A YEAR PLUS TO ASSEMBLE THE SITE, GET EVERYBODY ON THE SAME PAGE.

AND AS RAJA MENTIONED, WE FIRST CAME, CAME IN AS BG, UH, AS A PROJECT TO THE NORTH OF US IS THE TOLL BROTHERS PROJECT.

AND AFTER SPEAKING WITH THEM, UH, WE FELT THE RIGHT THING TO DO WITH STEP BACK AND TRY TO COMPLY WITH AS MANY THINGS AS WE COULD.

OBVIOUSLY THERE'S ISSUES THAT WE CAN'T, THERE'S SOME, SOME DISCUSSIONS THAT WE'LL HAVE LATER ABOUT TODS AND DENSITIES AND THOSE KIND OF THINGS.

BUT, YOU KNOW, SIDEWALKS, SETBACKS RIGHT AWAY, DEDICATIONS, ALL THOSE THINGS THAT WE REALLY WORKED WITH THE PLANNING STAFF TO CHECK THOSE BOXES AS, AS MUCH AS WE COULD.

SO JUST KIND OF WANTED TO SET THAT BACKGROUND BEFORE WE GOT IN, UH, TO THE PRESENTATION.

UH, SO THE NEXT SLIDE IS JUST TO TELL US A LITTLE BIT ABOUT HURIN IS, UH, WE STARTED THE COMPANY ABOUT 12 YEARS AGO.

UH, WE'RE BASED HERE IN DALLAS.

UH, I HANDLED TEXAS.

WE'VE DONE ABOUT 7,000 UNITS IN THE METROPLEX, SO VERY ACTIVE.

UH, YOU KNOW, THIS IS OUR BACKYARD, UH, WE'LL TALK ABOUT LATER.

WE, WE ACTUALLY DID THE PROJECT NEXT DOOR, UH, ONE 90 THAT EVERYBODY'S FAMILIAR WITH.

UH, SO WE HAVE HISTORY IN THE AREA AND KNOW THE SITE VERY WELL.

UH, NEXT SLIDE IS JUST A FEW OF OUR PROJECTS.

THIS ONE'S IN GRAPEVINE.

UH, WE WORKED WITH THEM, UH, IT WAS ALSO A REZONE, IT'S IN THEIR DOWNTOWN CORRIDOR OFF MAIN STREET.

UH, VERY SUCCESSFUL PROJECT IN THE SIMILAR SITUATION.

UH, THE, THE NEXT SLIDE HERE ON THE LEFT, UH, IS IN DOWNTOWN LEWISVILLE, UH, UH, AGAIN, UH, IN THE DOWNTOWN CORRIDOR.

WE WORKED WITH THE CITY, ACTUALLY PURCHASED THE SITE FROM THE CITY.

UH, IT'S NEXT TO A MASS TRANSIT STOP AS WELL.

UH, AND THEN THE ONE ON THE RIGHT, IT'S A PROJECT IN, ON MAIN STREET, JUST NORTH OF DOWNTOWN MANSFIELD.

AGAIN, A REZONE THAT WE WORKED WITH THE CITY, UH, ON, ON THAT ONE.

UH, THE NEXT PROJECT IS THE ONE THAT WE'VE BEEN SPEAKING OF, OR ONE 90, THE ONE JUST ON THE OTHER SIDE OF THE DART

[00:40:01]

TRACKS.

THE GEOMETRY OF THE SITE REALLY AFFORDED ITSELF TO A MULTI-FAMILY SITE.

WE'LL TALK ABOUT SOME OF THOSE ISSUES AS WE'VE MOVED FORWARD ON, ON OUR PARTICULAR SITE.

UH, SO AS WE, AS WE LOOK AT THE SITE, KIND OF, WE STEP BACK A EARLY, UH, HOW TO, HOW TO ADDRESS THE SITE.

YOU CAN SEE JUST NORTH OF CITY LINE, UH, YOU CAN SEE THE YELLOW BOX THERE.

UH, WE'RE 0.2 MILES FROM, UH, THE A STOP, WHICH WOULD BE CONSIDERED T O D UH, THERE.

AND OBVIOUSLY WE'RE JUST, THERE'S A NEW STOP NORTH, UH, ON 12TH STREET AS WELL.

BUT YOU CAN SEE ONE 90 KIND OF FLANKING THE SITE ON THE WEST, THE NEW HOTEL ON THE EAST.

AND, YOU KNOW, REALLY THE WAY WE, WE SEE THIS, YOU KNOW, FROM A AERIAL PERSPECTIVE IS, YOU KNOW, REALLY HIGH DENSITY USES REALLY, IN OUR OPINION, KIND OF BELONGED PLANO, PARKWAY AVENUE, K 75, REALLY WHERE THE, THE HIGHER DENSITY OFFICE, YOU KNOW, WE REALLY SEE THIS AREA SIMILAR TO ONE 90.

IT'S REALLY AN INTERIOR SITE, YOU KNOW, THERE'S NOT GREAT ACCESS FOR RETAIL.

IT'S HIDDEN.

UH, YOU KNOW, WE REALLY, LIKE I SAID, WE, WE KNOW THE AREA WE'RE VERY, WE'RE STILL OWNERSHIP OF ONE 90.

HAD NO ISSUES WITH IT.

SO WE FELT IT WAS A RIGHT PLACE TO DO A PHASE TWO.

YOU KNOW, WE REZONED THAT BACK IN 2014, BEEN SUCCESSFUL, YOU KNOW, OBVIOUSLY THE EHA, WHAT WEREN'T ISSUES THEN? UH, WE HAVEN'T HAD ANY ISSUES.

WE DIDN'T DO ANY MITIGATION AT THE TIME CUZ WE WEREN'T REQUIRED, BUT THERE'S BEEN NO ISSUES, YOU KNOW, SINCE WE BUILT THAT IN 2016.

UH, THE NEXT SITE IS A LITTLE BIT CLOSER IN TO THE SITE, SO YOU CAN SEE IT AIR EARLIER AS, AS I THINK SOMEBODY MIGHT HAVE ASKED TO THE SOUTH OF US, YOU KNOW, THERE'S A DRAINAGE DITCH THROUGH THERE, SO IT'S REALLY PRETTY HARD TO DEVELOP.

NOT THAT IT COULDN'T ONE DAY THE HOTEL OWNS THAT SITE, SO THERE IS POTENTIAL THAT WE COULD WORK WITH THEM, BUT, YOU KNOW, THAT'S REALLY PROBABLY GONNA BE A GREEN SPACE, UH, AT LEAST FOR THE FORESEEABLE FUTURE.

AND AS YOU CAN SEE, UH, TO THE NORTH, THERE'S THREE DIFFERENT TRACKS ALL OPEN STORES TODAY.

UH, AND THEN THERE'S A BIG EASEMENT RIGHT TO THE MIDDLE.

SO THAT'S REALLY A CHALLENGE OF THE SITE TO DEVELOP.

UH, YOU KNOW, THERE'S NO DIRECT ACCESS EXCEPT FOR OFF THE, THE SIDE STREET.

SO AGAIN, UH, IT, IT'S A SOMEWHAT OF A BURIED SITE, WHICH WE FEEL IS REALLY, UH, YOU KNOW, BETTER SUITED FOR RESIDENTIAL.

WE CAN ADDRESS THE EASEMENT WITH MULTIPLE MA MULTIPLE BUILDINGS, UH, AND IT REALLY JUST CLEANS UP THE SOUTHERN GATEWAY TO, TO PLANO.

UH, YOU CAN SEE HERE, THIS IS OUR SITE MA PLAN OVERLAID ON THAT AERIAL.

UH, YOU KNOW, A LOT OF THE THINGS THAT DRAW ADDRESS, WE'VE GOT THE, THE 10 FOOT LANDSCAPE BUFFER TO THE SOUTH TO THE NORTH.

WE'VE GOT A TRAIL EXTENSION THERE, UH, THAT MEETS THE EXISTING HIKE AND BIKE TRAIL IN THE SOUTHWEST CORNER.

OUR GARAGE IS ON THE SOUTH.

WE HAVE NO BALCONIES ON THE SOUTH FACING, UH, ON THE SOUTH BUILDING SOUTH OF THE EASEMENT EXCEPT FOR THE UNITS THAT FACE THE NORTH COURTYARD.

UH, SO REALLY AS FAR AS THE MITIGATION FACTORS THAT, THAT ARE STIPULATED IN THE PD, UH, WE'RE DEDICATING RIGHT AWAY FOR FUTURE EXPANSION OF THE ADJACENT ROAD WITH PARALLEL PARKING, SEVEN FOOT SIDEWALK, AND REALLY JUST CREATING A WALKABILITY FACTOR FROM THE, THE DART STATION TO THE SOUTH.

I MEAN, WE BELIEVE PEOPLE WILL WALK TO THE SOUTH WITH ALSO A WALK TO THE NORTH TO THOSE TRAIN STOPS THAT ARE REALLY, YOU KNOW, ABOUT A 10 OR A 15 MINUTE WALK.

UH, SO WE, YOU KNOW, WE FEEL LIKE BOTH ACCESS POINTS ARE, ARE, ARE CRITICAL AND REALLY A GREAT RESIDENTIAL, UH, FEEL.

THESE ARE JUST SOME OF THE DESIGN FEATURES OF THE ACTUAL APARTMENT COMPLEX AND WE BUILD HIGH END TOP OF THE MARKET, UH, PRODUCT, I MEAN IN ONE AND TWO BEDROOMS. SO IT'S A SIMILAR PRODUCT MIX TO THE ONE 90, SIMILAR, SIMILAR, UH, YOU KNOW, FINISH LEVEL.

AND AGAIN, JUST SOME OF THE EXTRAS IN THE PD THAT, THAT WE HAVE BOTH MENTIONED, UH, IN OUR PRESENTATIONS.

AND REALLY MY LAST, UH, SLIDE HERE BEFORE CONNOR SPEAKS A LITTLE BIT MORE IN DEPTH ABOUT SOME OF THE FACTORS OF THE COMP PLAN AND DENSITY.

YOU KNOW, WHILE WE FEEL THAT, UH, REDEVELOPMENT IS, YOU KNOW, IT'S, IT'S SUPPORTED HERE IN OUR OPINION, YOU KNOW, NO ADJACENT SINGLE FAMILY RESIDENCES, TRANSIT ORIENTED, YOU KNOW, WE'VE MENTIONED CLOSE TO TWO MULTIPLE STOPS, UH, YOU KNOW, THE SOUTHERN GATEWAY, IT REALLY CLEANS UP, UH, REALLY THAT ENTRY POINT.

UH, AND THE SITE CONSTRAINTS, YOU KNOW, AS WE MENTIONED EASEMENT.

SO IT'S, YOU KNOW, IT'S A HARD SITE AND THOSE ARE USUALLY BEST FIT FOR MULTIFAMILY AND AGAIN, IT ASSEMBLAGE.

AND THEN, AND THEN, UH, YOU KNOW, WE'RE LOCAL.

WE KNOW THE AREA, WE BUILT THE DEAL NEXT DOOR, SO WE HAVE ALL THE FACTS THERE.

SO CONNOR, IF YOU WANNA KIND OF TAKE US TO THE NEXT SLIDE HERE.

HI THERE.

CONNOR OSBORN, INTRINSIC AS WELL.

JUST WANTED TO, UH, SPEND SOME TIME WITH THE COMP PLAN.

UM, ITEMS, OH, SORRY.

[00:45:01]

THERE WE GO.

SO, UM, THANK YOU FOR THE TIME.

JUST WANTED TO SAY, UM, WE WORK IN A LOT OF CITIES ACROSS THE METROPLEX, AND AS I'VE GOTTEN REALLY FAMILIAR WITH THE COMP PLAN OVER THE PAST YEAR, UM, I JUST WANTED TO THANK THE, THE EFFORT YOU GUYS PUT INTO, UM, WELL THE, THE DETAIL AND THE CARE IS REALLY EVIDENT AND FROM THE, THE COMMITTEE'S, UM, WHAT THEY DID LESS THAN TWO YEARS AGO, I BELIEVE.

UM, THAT BEING SAID, THE PLAN ITSELF STATES MANY TIMES IT IS TO BE A BROAD GUIDING TOOL, NOT A PRESCRIPTION FOR INDIVIDUAL UNIQUE SITES.

I LISTENED TO TO, UH, A DECEMBER, 2022 PZ MEETING WHERE CHAIRMAN DOWNS SAID AT THE END THAT THE COMP PLAN IS A GUIDE FOR THE FUTURE DEVELOPMENT OF THE CITY.

AND JUST LIKE MANY COMP PLANS BEFORE, IT WILL CONTINUOUSLY BE UNDER REVISION.

SO YOU ALL HAVE, UM, BEEN PLACED ON P Z BECAUSE OF YOUR WISDOM AND GUIDANCE IN THE CITY OF THESE MATTERS.

THE PLAN, UH, EMPOWERS YOU ALL TO ADAPT ITS HIGH LEVEL GUIDANCE TO UNIQUE SCENARIOS FOR INDIVIDUAL SITES.

AT THAT SAME DECEMBER MEETING, CHAIRMAN DOWNS CLOSED BY REMINDING COMMISSION THAT YOU ALL HAVE TO FIGURE OUT WHAT MAKES SENSE AND THAT IN THESE T O D AREAS THAT WILL LIKELY MEAN MORE MULTI-FAMILY, EVEN IF IT SOMETIMES FLIES IN THE FACE OF THE DASHBOARDS.

SO, UM, REALLY WE'VE GOT FOUR, FOUR, ITS THAT RAHA HIGHLIGHTED FOR US.

UM, R GM ONE, WHICH IS THE MIX OF USES THE MULTI-FAMILY DASHBOARDS ALREADY AT 90%.

SO IT'S NOT ALLOWING MORE MULTI-FAMILY.

TWO, THE DENSITIES ABOVE THE 50 UNITS PER ACRE, WHICH CAN BE CLEANED UP IF IT'S, IF IT'S DETERMINED.

T O D THREE, THE DOWNTOWN VISION AND STRATEGY UPDATE ALREADY HAS 2000 UNITS, EVEN THOUGH, UM, WELL SUGGEST 2000 UNITS EVEN THOUGH WE, UH, WE HAVE 3000 ON THE GROUND SINCE 1999 START DATE.

AND THEN THE FOURTH ISSUE IS REALLY THE EHA.

WE'RE IN EHA AS WE'VE DISCUSSED IN DETAIL.

UM, SO ADDRESSING THE FIRST ONE, WHICH IS THE MIX OF USE IS ALREADY BEING AT 90%.

UM, WE WOULD, WE WOULD ASK YOU GUYS TO, UM, I MEAN THE COMP THE, THE DOWNTOWN CORRIDOR IS THE, THE AREA IN THE COMP PLAN THAT, UM, CONTEMPLATES THE MOST MULTI-FAMILY INTENSITY, NOWHERE ELSE, UH, CONTEMPLATES 90%.

SO THIS IS A PLACE THAT'S GOING TO GET MOSTLY MULTI-FAMILY FROM OUR PERSPECTIVE AS DEVELOPERS, UM, IT'S VERY HARD TO BUILD SINGLE FAMILY IN A ALREADY DEVELOPED PLACE.

SINGLE FAMILY NEEDS IT'S LOW DENSITY, SO IT NEEDS LOW LAND PRICES.

AND LOW LAND PRICES ARE HARD TO COME BY WHEN YOU HAVE CASH FLOWING INDUSTRIAL BUILDINGS LIKE, LIKE OUR EXISTING, UM, OWNERS.

SO IT REALLY MULTI-FAMILY IS WHAT YOU'RE GOING TO CONTINUE TO SEE IN THE DOWNTOWN CORRIDOR BECAUSE IT ADDS DENSITY AND WE CAN AFFORD TO, UM, TEAR DOWN THOSE OLDER USES AND ADD DENSITY.

THE SECOND ITEM, UM, AS YOU GUYS HAVE ALREADY DISCUSSED, THE COMP PLAN'S NOT CLEAR ABOUT WHAT T O D REALLY IS AS IT RELATES TO A RICHARDSON STOP, EVEN THOUGH IT'S, IT'S WITHIN ONE QUARTER MILE OF A LOT OF LAND IN PLANO.

SO I'D ASK, UH, COMMISSION TO CLARIFY FOR STAFF THAT THIS INDEED IS A T OD SITE BECAUSE IT'S 0.2 MILES WALKING DISTANCE FROM THE CITY LINE BUSH STATION.

UM, I MEAN, THE FACT ON THE GROUND IS PEOPLE ARE ALREADY WALKING FROM OUR PROJECT NEXT DOOR TO THE BUSH CITY LINE STATION EVERY DAY TO GO TO WORK.

SO I THINK, I THINK CLEARLY INTERPRETING THAT FOR STAFF WOULD BE VERY HELPFUL FOR THEM FROM YOU GUYS.

THE THIRD ISSUE, UM, REALLY COMES FROM THE DOWNTOWN VISION AND STRATEGY UPDATE, WHICH IS A SEPARATE DOCUMENT.

FIRST STARTED IN 1999, IT IDENTIFIED A THOUSAND UNITS TO BE DESIRED AROUND THE DOWNTOWN PLANO STATION.

IN 2013, IT WAS UPDATED TO EXPAND THAT VISION TO THE FOUR STATION, STARTING AT CITYLINE, UP TO PARKER ROAD AND EXPANDED THE GOAL OF 2000 UNITS.

THE QUESTION FOR COMMISSION, UM, TO STAFF AND AND US IS, IS THAT 2000 UNITS, IS THAT A, IS THAT A HARD CAP OR IS IT A GOAL FOR, FOR THE REVITALATION REVITALIZATION OF DOWNTOWN? I READ IT AS A GOAL, UM, AS A WAY OF ADDING RESIDENTS AND DENSITY TO DOWNTOWN TO MAKE IT A CON, A VERY FLOURISHING PLACE.

UM, BUT THAT'S, THAT'S FOR COMMISSION TO DECIDE.

AND THEN LASTLY ON THAT, UM, IN THE DECEMBER MEETING, I THINK YOU GUYS HAVE STARTED TO STUDY REZONINGS AROUND SOME OF THESE STATIONS, UH, DRIVEN BY THE SILVER LINE.

SO I THINK THAT, UM, THERE COULD BE OPPORTUNITY TO MAYBE RENDER THIS 1999, UH, TARGET, PERHAPS OBSOLETE GOING FORWARD, BUT THAT'S OBVIOUSLY IN THE WORKS.

AND THEN THE FOURTH ONE IS EHA.

WE'VE TALKED ABOUT ITS LOCATION IN EHA TWO, WHICH, UM, WHICH IS NOT RECOMMENDED, BUT WE'VE, WE'VE WORKED CLOSELY WITH STAFF TO, UH, POSITION OUR GARAGE ALONG THE HIGHWAY, UM, YOU KNOW, ADD HEAVY DUTY AIR, AIR FILTRATION, WHICH HELPS WITH THE PARTICULATES.

WE'RE ADDING A MERV EIGHT FILTER, WHICH IS A MUCH HIGHER GRADE FILTER THAN YOU NORMALLY SEE ON A MAR ON AN APARTMENT BUILDING.

AND THEN, UH, WE'VE PLACED ALL OF OUR DUCKS ON THE NORTH SIDE OF THE FREEWAY, UH, THEN, SORRY, WHICH,

[00:50:01]

UM, IS A RECOMMENDATION FROM STAFF.

AND THEN, UM, YOU KNOW, WE LEARNED FROM LEASING UP OUR PROJECT IS AURA ONE 90, THAT SOME OF THOSE UNITS, UH, THAT HAVE, THAT ARE CLOSEST TO THE FREEWAY BUT ARE ALSO CLOSEST TO DART ACTUALLY LEASED UP VERY QUICKLY AND WERE DESIRABLE FROM RESIDENTS BECAUSE OF THE CLOSER WALKING ACCESS TO DART.

SO IT'S, IT'S, UM, IT'S NOT SOMETHING THAT WE FOUND THAT THE MARKET, UH, NECESSARILY CARED ABOUT, UM, BEING CLOSE TO THE HIGHWAY AND CLOSE TO THE HIGHWAY AND HAVING HIGHER LEVELS OF NOISE.

SIR, YOU HAVE ABOUT TWO MINUTES LEFT.

YEAH, THANK YOU.

UM, THIS IS, THIS SLIDE ADDRESSES RGM ONE, WHICH IS WHY MAKE FINDINGS TO SUPPORT US.

UM, THE FIRST, THE RGM ONE REQUIRES YOU TO LOOK THROUGH TWO LENSES.

THE FIRST BEING IS IT CONSISTENT WITH THE GUIDING PRINCIPLES OF THE COMPREHENSIVE PLAN, UM, WHICH IS PLANET TODAY, PLANET 2050 AND PLANET TOGETHER, WHICH WE FEEL OUR PROPOSAL MEETS ALL THOSE.

AND THEN TWO, WHICH HAS BEEN DISCUSSED, IT IS SUBSTANTIALLY BENEFICIAL TO THE IMMEDIATE NEIGHBORHOODS SURROUNDING COMMUNITY AND GENERAL PUBLIC INTEREST.

TO THAT.

WE'VE GOT SUPPORT LETTERS FROM OUR TWO IMMEDIATE NEIGHBORS, OUR HOTEL AND THE CURRENT OWNERS OF OR ONE 90.

AND THEN AS FAR AS THE SURROUNDING COMMUNITY AND THE GENERAL PUBLIC, THIS IS GONNA ADD A LOT MORE HOUSING OPTIONS FOR PEOPLE INSIDE THE DOWN FOR PEOPLE WHO WANT TO LIVE IN THE DOWNTOWN CORRIDOR.

AND IT BRINGS MORE VIBRANCY THAN THE NEIGHBORHOOD, UM, AS WELL AS FOR THE GENERAL PUBLIC.

THIS, THIS, UH, UNDOUBTEDLY CLEANS UP A LOT OF THE MORE UNDESIRABLE USES THAT ARE CURRENTLY AT PLANO SOUTHERN GATEWAY BY, UH, UH, GETTING RID OF RESCINDING SIX, UH, INDIVIDUAL SPECIAL USE PERMITS THAT DO NOT ALIGN WITH THE CITY'S GOAL FOR THIS CORRIDOR.

SO HERE'S THE TWO SUPPORT LETTERS FROM THE HOTEL OWNER AND THE CURRENT OWNER OF, OR ONE 90.

THAT'S, UM, THIS CONCLUDES OUR PRESENTATION.

WE THANK YOU FOR LISTENING AND ASK YOU GUYS TO PARTNER WITH US TO EXECUTE THE COMP PLAN'S VISION FOR MORE ACCESSIBLE, WALKABLE, AND UNIFIED DOWNTOWN CORRIDOR, WHICH IS STRAIGHT FROM THE COMP POINT.

WE FEEL THE CHANGE HAS TO START SOMEWHERE.

WHY NOT THE, AT THE CITY OF SOUTHERN GATEWAY TAKE ANY QUESTIONS YOU GUYS HAVE.

UM, I THINK BEFORE WE GO TO THE QUESTIONS THERE, THAT MIGHT MAKE MORE SENSE TO, HOW MANY SPEAKERS DO WE HAVE ON THIS ADDITIONAL? WE ONLY HAVE ONE, UH, WE HAVE ONE INDIVIDUAL THAT WAS UNABLE TO ATTEND, BUT HE WANTED TO SPEAK IN SUPPORT.

SO WHY DON'T WE GO AHEAD AND HAVE THAT PERSON AND IF THEY'RE IN SUPPORT, WE PROBABLY DON'T NEED A REBUTTAL.

AND THEN WE'LL GO TO QUESTIONS FOR THE APPLICANT.

I NEED TO CALL AMANDA LAKE.

SO YOU'RE SAYING THE PREMIUMS ON THE SOUTH SIDE UNITS ARE ACTUALLY HIGHER THAN THE PREMIUM? YEAH, NO PROXIMITY.

ARE YOU AN APPLICANT OR A RESIDENT? IF YOU'RE PART OF THE APPLICANT, THEN I WOULD SAY WE'RE GOOD AND WE'LL JUST, WE'LL MOVE ON TO QUESTIONS THEN.

INTERESTINGLY ENOUGH, I DON'T SEE ANYBODY WITH A QUESTION FOR, FOR, FOR THE APPLICANT UP HERE, IF THAT'S OKAY.

BOOM, BOOM, BOOM, BOOM.

HERE WE GO.

ALL RIGHT, SO, UH, YEAH, IF YOU WANT TO COME BACK UP, COMMISSIONER RATLIFF, YOU HAVE UH, QUESTIONS? SORRY, CHAIRMAN FILLED QUESTIONS AT THE SAME TIME? YEAH, NO, THAT'S FINE.

OKAY, THAT'S FINE.

UM, FIRST OF ALL, THANKS VERY THOROUGH PRESENTATION.

UH, APPRECIATE THE WORK YOU'VE DONE WITH THE STAFF TO HAVE SOMETHING UH, TO BRING FORWARD TO US.

I THINK IT'S VERY WELL THOUGHT OUT.

UH, ONE OF MY QUESTIONS IS BECAUSE YOU WERE PART OF THE PROPERTY NEXT DOOR, UH, YOU, YOU MENTIONED THAT SOME OF THOSE UNITS LEASE FASTER.

UH, WHAT'S YOUR EXPERIENCE ON, ARE THOSE LOWER PRICED UNITS? ARE THEY MARKET PRICE? ARE YOU SEEING, WHAT ARE YOU SEEING AS FAR AS SUPPLY AND DEMAND OF THE UNITS THAT POTENTIALLY HAVE THE HIGHER NOISE VERSUS THE ONES ON THE OTHER SIDE? YEAH, I MEAN, JUST FOR A LITTLE BIT MORE HISTORY, I MEAN, I WAS ACTUALLY THE ONE THAT WENT THROUGH THE ZONING PROCESS IN 2014.

SO I PRESENTED TO P AND Z AND CITY COUNCIL AT THAT TIME.

SO I WAS ACTUALLY THE PHYSICAL GUY THAT DEVELOPED IT, NOT SOMEBODY THAT'S JUST TALKING ABOUT IT.

BUT YEAH, THO THOSE UNITS THAT ARE CLOSER TO THE CLOSER TO THE FREEWAY ARE NOT DISCOUNTED.

I MEAN THEY'RE ALL, IT'S THE SAME, YOU KNOW, IF THAT ONE BEDROOM IS THERE VERSUS THE OTHER ONE.

WE PUT PREMIUMS ON UNITS.

SO YOU KNOW, WHEN YOU GO THROUGH THE LEASING PROCESS, YOU KNOW, IF UNITS ARE MORE DESIRABLE THAN THOSE, WE ADD PREMIUMS. AND SO AS CONNOR MENTIONED, AS WE WENT THROUGH THAT PROCESS, WE SAW THAT THOSE UNITS, AGAIN FOR PROXIMITY, FOR THE RESIDENTS THAT ARE GOING TO CI CITY LINE, WERE WILLING TO PAY, YOU KNOW, IF THAT PREMIUM WAS 60 ON THE NORTH SIDE, MAYBE IT'S 75 ON THAT SIDE.

SO THAT WAS REALLY JUST A FUNCTION OF THE LEASING.

BUT THERE IS NO, YOU KNOW, FOR SPEED OF LEASING, WE DIDN'T DISCOUNT THOSE UNITS.

SO, YOU KNOW, WE'RE, WE GOT MORE RENT.

I DON'T KNOW IF, IF THAT ANSWERS YOUR QUESTION EXACTLY, BUT MAKE SURE I'M UNDERSTANDING.

[00:55:01]

YEAH, THERE'S, THERE'S BEEN NO DISCOUNT.

I MEAN, YOU KNOW, THERE'S NO DISCOUNT, YOU KNOW, IN OURS BECAUSE AGAIN, WHEN YOU'RE TALKING ABOUT NOISE, WE HAVE TO ESTABLISH A 45 DB INSIDE THE UNIT.

SO IF YOU'RE LIVING IN THIS ENVIRONMENT, YOU'RE LIVING IN AN URBAN ENVIRONMENT, YOU'RE USED TO MORE NOISE OUTSIDE.

UH, SO WHEN YOU'RE IN YOUR UNIT, YOU'RE AT 45 DB, NO MATTER IF YOU'RE AN E HHA OR IF YOU'RE OUT, YOU KNOW, NORTH OF SALINA IN THE MIDDLE OF A FIELD.

UH, SO THERE THERE'S BEEN NO, THERE WAS, THERE'S NO NEGATIVE IMPACT, YOU KNOW, FROM THE SURROUNDING ENVIRONMENT CUZ YOU'RE LIVING IN AN URBAN SETTING IF, IF THAT MAKES SENSE.

SO THERE'S NOT BEEN ANY LEASING ISSUES WITH THIS.

THERE'S BEEN NO, NO ISSUES AND THE OCCUPANCY IS WHAT WOULD BE EXPECTED IN THE MARKET.

YEAH, 95%, WHICH IS, WHICH IS THE, YOU KNOW, WHICH IS THE STANDARD FOR OCCUPANCY.

I MEAN, NOBODY GETS UP TO A HUNDRED PERCENT.

SO I MEAN THAT'S, THAT'S WHERE YOU MAINTAIN IS IT 95%? IT'S BEEN THAT WAY SINCE, YOU KNOW, WE STARTED LEASE UP OR FINISHED LEASE UP BACK IN 2017.

SO DO Y'ALL HAVE ANY CIRCUMSTANTIAL EVIDENCE ABOUT THE FOLKS THAT LIVE THERE THAT ARE GOING TO THE TRAIN? ARE THEY WALK, THEY WALK, THEY'RE WORKING IN CITY LINE? ARE THEY TRAVELING NORTH INTO DOWNTOWN PLANO? ANY, ANY? I ACTUALLY LOOKED BACK AT THE, THE KIND OF THE DEMOGRAPHICS REPORT THAT WAS PART OF A STANDARD.

UM, AND IT WAS ACTUALLY SURPRISINGLY, YOU KNOW, DIVERSE, BUT A LOT OF PEOPLE EITHER WORKING IN CITY LINE, UM, NOT ALL AT STATE FARM, BUT UP AND DOWN THAT 75 CORRIDOR EITHER DRIVING THEIR CAR OR SOME TAKING THE TRAIN.

A COUPLE STOPS EITHER WAY.

BUT YOU KNOW, LIKE ALL OF OUR PROPERTIES, DIVERSE ARRAY OF, OF EMPLOYMENT, SO THE TRANSIT IS AN IMPORTANT PART OF IT.

SORRY, MIKE.

THANK YOU VERY MUCH, COMMISSIONER KERRY? YEAH, UM, THANKS FOR THE PRESENTATION.

MY, MY FIRST QUESTION'S ALREADY BEEN ANSWERED.

MICROPHONE, PLEASE.

I'M SORRY ABOUT THAT.

MY FIRST QUESTION'S ALREADY BEEN ANSWERED AND THAT WAS AROUND OCCUPANCY AT 95%, PRETTY SOLID.

UM, GIVE US AT A VERY HIGH LEVEL KIND OF WHAT YOU'RE PLANNING TO DO ON LANDSCAPE BUFFERS AROUND THIS.

YEAH, I THINK IT'S STIPULATED IN THE PD SO WRONG, CORRECT ME IF I'M WRONG, BUT I BELIEVE WE ESTABLISHED ON THE NORTH AND SOUTH END WE'VE GOT A 10 FOOT LANDSCAPE BUFFER WITH A GRAIN SCREEN.

I BELIEVE IT'S, IS IT SIX OR EIGHT FOOT MINIMUM? EIGHT FOOT MINIMUM, YOU KNOW, GREEN SCREEN.

SO THAT WOULD BE, YOU KNOW, A HIGHLY, YOU KNOW, I DON'T KNOW IF WE, I DON'T KNOW IF WE MENTIONED ACTUAL SPECIES, BUT UH, THERE WOULD BE A SOLID GREEN BARRIER ON THE NORTH AND SOUTH END AGAIN TO MITIGATE SOME OF THE POLLUTION, UH, FROM, FROM THOSE TWO UH, LOCATIONS.

AND I, I THINK IT WAS CONNOR MENTIONED THAT YOU'RE GONNA HAVE THE DUCKS ON THE NORTH END AND I THOUGHT IT WAS WONDERFUL YOU'D HAVE WATER FOLLOW UP THERE AND THEN I REALIZED HE WAS TALKING ABOUT OTHER THINGS.

THANK YOU COMMISSIONER.

UH, CARRIE, ARE YOU ON TURN OFF YOURS.

WE'LL MOVE TO COMMISSIONER BROSKY.

UH, I HAD A QUICK QUESTION FOR MICHAEL BELL AND THEN I'VE GOT A QUESTION.

THE PROPERTY THAT I MEANT, THE 11 UNIT OR NINE UNITS THAT I MENTIONED, UH, A MINUTE AGO, WHEN DID WE PASS THAT? DO YOU REMEMBER? I WANNA SAY 2021.

2020.

I WAS ON THE COMMISSION CUZ I VOTED FOR IT.

I JUST WANTED TO MAKE SURE.

AND SO THOSE WERE NINE SINGLE FAMILY HOMES, CORRECT? I DON'T REMEMBER.

ERIC, DO YOU REMEMBER THAT WAS PRE-COM PLAN 2021? NO, THAT WAS CURRENT COMP PLAN ISH.

NINE 10.

AND WE CAN TELL YOU THE SECOND WHEN IT WAS.

BUT THOSE WERE IN THIS GENERAL AREA, CORRECT? YES, THEY WERE ON KAY AVENUE JUST BEFORE THE SOUTHERN COUPLE 10TH.

IT'S THE HEIGHTS, UM, AND I'M MISSING ONE.

SO, UM, CONNOR, YOU MENTIONED THAT WE, UH, DON'T BUILD SINGLE FAMILY HOMES IN THIS KIND OF AN AREA.

UH, IN FACT WE JUST RECENTLY BUILT NINE SINGLE FAMILY HOMES.

UH, MY QUESTION EARLIER ABOUT INCLUDING THOSE SINGLE FAMILY HOMES INTO YOUR CALCULATION MM-HMM.

, IT'S NOT TO SAY IT'S NOT DOABLE AND IT'S NOT TO SAY THAT IT WOULD WORK ON THIS SITE, I JUST WANTED TO CLARIFY THAT, UH, THAT DOES HAPPEN AND UM, WHEN WE GET PEOPLE THAT ARE VERY CREATIVE, THAT CAN SOMETIMES BE THE CASE TO.

MY OTHER COMMENT WAS, I REALLY APPRECIATED ONE OF THE THINGS YOU SAID ABOUT THE COMPREHENSIVE PLAN BEING A BROAD TOOL BECAUSE UH, AS YOU PROBABLY PROBABLY KNOW, I SAT ON THE COMPREHENSIVE PLAN COMMISSION AND ONE OF THE THINGS I CONTINUE TO SAY, UH, AND AM EVALUATING YOUR UM, CASE IS I LOOK FORWARD TO THE DAY THAT THERE IS SOMETHING THAT ARRIVES, THAT MEETS THE THRESHOLD.

I BELIEVE THAT THERE IS NO ZONING NECESSARILY OFF THE TABLE IF IT'S SOMETHING THAT IS SPECIAL AND ALTHOUGH IT MIGHT NOT MEET THE EXACT NUMBERS THAT WE SET AS THE COMPREHENSIVE PLAN, WHETHER IT'S THE MIX OF USE, WHETHER IT'S THE DENSITY, UM, WHETHER

[01:00:01]

BUT, UH, NEEDLESS TO SAY, UH, I DO BELIEVE THAT THE FINDINGS TOOL WAS A WAY FOR US TO SAY YES.

WE REALLY BELIEVE THAT UM, THERE IS CREATIVITY OUT THERE THAT DOES MEET, BE ABOVE AND BEYOND WHAT WE KNEW OR UNDERSTOOD AND WE SUPPORT AND ENDORSE IT.

SO I JUST WANTED TO MAKE THAT COMMENT.

I'M ACTUALLY SPITBALLING.

COULD I, DID YOU TURN YOUR SPEAKER BUTTON OFF? LET ME SEE WHO'S NEXT.

COMMISSIONER OIE.

I'M GONNA SOUND LIKE I'M BIT THE DEAD HORSE.

I'M GOING BACK TO THE PARTICULATE MATTER AND THE POLLUTION AND WHAT HAVE YOU.

AND I UNDERSTAND WE DON'T HAVE A CAP THAT NEEDS TO BE MET AND WHAT HAVE YOU.

UM, AND MERVA IS DECENT.

I USE NUMBER 15 IN MY HOME, BUT MY DAUGHTER HAS BREATHING ISSUES.

UM, YOU MADE A COMMENT THAT ON THE SITE THAT WAS BUILT IN 2016 THAT THERE ARE NO ISSUES YET, BUT THE TRUTH IS WE CAN, IT'S TOO EARLY TO TELL WHAT ISSUES COULD POSSIBLY HAVE COME FROM BEING IN THAT CLOSE TO A FREEWAY.

UM, IS IS THERE ANYTHING ELSE, AND I DUNNO WHAT IT IS, PARTICULARLY FOR THE OUTDOOR POLLUTION THAT YOU HAVE CONSIDERED TO MITIGATE THIS SOMEWHAT, I DON'T KNOW IF IT'S BUILDING TOILET TREES, MORE TREES.

I HAVE NO IDEA.

BUT IS THERE ANYTHING ELSE YOU CONSIDERED THAT COULD POSSIBLY ADDRESS THE FACT THAT THIS WILL BE BUILT SO CLOSE TO A MASSIVE SOURCE OF POLLUTION? YEAH, I MEAN, ON THIS WE'VE, WE'VE KIND OF BEEN, UH, FOLLOWING STAFF'S LEAD THE, IT'S RELATIVELY NEW POLICY.

SO WE'VE, WE'VE TRIED TO STUDY AS HARD AS WE CAN AND, AND, UH, DESIGN THE PROJECT IN ACCORDANCE WITH, UH, THE WAY THE EHA IS CURRENTLY WRITTEN.

RIGHT? THERE WASN'T, THERE WASN'T ANYTHING TO TALK ABOUT OUTDOOR POLLUTION, SO WE DIDN'T ADDRESS THAT SPECIFICALLY, UNFORTUNATELY.

I JUST WANNA ADD SOMETHING THAT, THAT SECTION OF HIGHWAY IS ELEVATED.

SO, UM, THERE IS BASICALLY, UM, VERY LIMITED, UM, POSSIBILITY OF BEING ABLE TO MITIGATE, UM, POLLUTION AND NOISE, UH, EFFECTIVELY.

AND THAT WAS THE REASON THAT STAFF DETERMINED THAT THE EHA TWO MITIGATION, UM, MIGHT NOT BE ACHIEVED.

SO IF IT'S ELEVATED, AND I'M THINKING OUT LOUD, SOME OF THAT POLLUTION COULD POSSIBLY BE CARRIED AWAY, UM, BY THE WIND, BUT YOU'LL STILL HAVE SOME DENSER MATERIAL SETTLING INTO THE IMMEDIATE SURROUNDINGS.

NOT WHAT I MEANT BY CO BUT THAT COMMENT IS THAT, UM, NO AMOUNT OF, UM, TREES OR, I MEAN OF COURSE TREES CAN HELP, BUT, UM, THE TREES COULDN'T BE THAT TALL OR EVEN, SO THERE'S REALLY NOTHING, NO MITIGATION CORRECT.

THAT, THAT'S WHY STAFF THINKS THAT THIS PROPERTY IS NOT REDEVELOPMENT OF COURSE IS UM, IS VERY ENCOURAGED, BUT RESIDENTIAL MIGHT NOT BE THE BEST USE.

NEXT IS COMMISSIONER BRUNOS.

UM, A QUESTION, THE, THE DRAINAGE EASEMENT THAT RUNS ACROSS THE PROPERTY, IS THAT AN OPEN DITCH OR IS IT BURIED? IT IT'S BURIED.

IT'S BURIED.

IT'S A SEWER HAS THERE, WHY DOES IT CARRY RAW SEWAGE? YEAH.

HAS THERE BEEN AN ODOR PROBLEM? IS THERE WHAT AN ODOR PROBLEM? OH, THERE ARE ACTUALLY, YOU PROBABLY KNOW MORE ABOUT THE NO, WE, WE, SO THAT THAT EASEMENT IS MAINTAINED BY THE NORTH TEXAS MUNICIPAL WATER DISTRICT.

SO WE'VE BEEN WORKING WITH THEM THE WHOLE TIME.

UM, WE'VE GOT A LONG LIST OF, UH, TO CONSTRUCT OUR PROPERTY.

WHAT ARE WE GONNA DO TO KEEP THAT FORCE MAIN, UH, SAFE AND STABLE? SO WE'VE GOT A LONG LIST OF, UH, CONSTRUCTABILITY TECHNIQUES WE'RE GONNA USE FOR THAT.

BUT, UH, THEY'RE ACTUALLY IN THE PROCESS OF INSTALLING AN ODOR CONTROL UNIT, UH, BECAUSE I THINK, I'M NOT A CIVIL ENGINEER, BUT THEY'RE, UM, EXPANDING THE FORCE MAIN TO THE SOUTH A LITTLE BIT ALONG THE DART RIGHT OF WAY.

SO THEY'RE, THEY'RE ACTIVELY IMPROVING THE INFRASTRUCTURE IN THE AREA AND AS PART OF THAT, THEY'RE GONNA ADD A ODOR CONTROL UNIT TO THIS FORCE MAIN.

HOW LONG DO YOU THINK THAT PROCESS WILL TAKE? THE ADDING THE ODOR CONTROL UNIT? YEAH, I THINK PROBABLY 45 TO 60 DAYS ONCE THEY PUT A SHOVEL IN THE GROUND.

UM, ARE YOU PROPOSING TO HAVE WINDOWS THAT OPEN AND OR BALCONIES ON THE EAST AND WEST SIDES OF THE TWO BUILDINGS? EAST AND WEST, YES.

ON THE

[01:05:01]

NORTH BUILDING.

SO NORTH OF THAT EASEMENT, BUT NOT ON THE SOUTH BUILDING? CORRECT.

RIGHT.

SO THAT, THAT'S PART OF OUR, PART.

OUR MITIGATION.

MITIGATION IS WE'VE STRIPPED THE BALCONIES, UH, PER STAFF'S DIRECTION OFF OF THE SOUTH BUILDING.

THOSE AND WEST FACES, THE ONLY PLACE WE HAVE BALCONIES ON THE SOUTH BUILDING IS ON THE NORTH FACE, WHICH FACES AWAY FROM THE FREEWAY OVER THAT KIND OF, UM, OUR PLAZA, OUR CENTRAL PLAZA THERE.

AND THEN THE NORTH BUILDING ALL HAS BALCONIES.

UM, WHAT, IF ANY, DO YOU, WHAT DO YOU PLAN TO DO WITH THE OPEN SPACE ON THE EXTERIOR OF THE, OF THE BUILDINGS ON THE EAST AND WEST SIDE? I UNDERSTAND THE EAST SIDE IS GONNA BE LIKE A SIDEWALK AND WITH, WITH ON STREET PARKING, BUT IS THERE GONNA BE ANY LIKE AMENITIES, UH, PLACED IN THE OUTDOOR AREAS ALONG THE EAST AND WEST SIDES OF THE BUILDING? I DON'T, UH, WALKING TRAILS PICNIC TABLE, I MEAN THE WEST SIDE PUT THE, PUT THE PLAN BACK UP.

IF IT'S ON Y'ALL SCREEN.

SO ON THE, ON THE WEST SIDE, THE, THE EXISTING HIKE AND BIKE TRAIL IS THAT TAN SIDEWALK THAT THERE ON THE WEST, AND THAT'S THERE ALREADY.

THAT'S EXISTING.

SO WE'RE, WE'RE TYING INTO THAT TRAIL IN THE SOUTHWEST CORNER DUE TO SOME GRADE.

SO OUR RESIDENTS WOULD COME ACROSS AND TIE INTO THAT, TIE INTO THE HIKING BIKE TRAIL THERE.

IT EITHER GO SOUTH, UH, TO THE, YOU KNOW, CITY LINE OR NORTH TO DOWNTOWN PLANO.

IS IT SHOWING ANY SORT OF AMENITY, WHICH AROUND WHICH PEOPLE WOULD, WOULD GATHER AND, UM, REMAIN LIKE A TABLE OF SOME KIND OR, I MEAN, THE ONLY ELEMENT IS IN THAT SOUTHWEST CORNER FOR POTENTIAL DOG PARK THAT WE'VE LABELED ON THAT PLAN.

IT'S JUST NORTH OF THAT, NORTH OF THAT TRAIL CONNECTION.

SO AS PEOPLE TRAVERSE ON AND OFF THE HIKE AND BIKE TRAIL, THERE'S A DOG PARK RIGHT THERE ON THAT SOUTHWEST CORNER.

THE DEVELOPER, BUT WE'RE ALSO THE BUILDER.

BUT NO OTHER OUTDOOR AMENITIES OR MEETING SPACES.

I JUST WANNA ADD SOMETHING THAT, THAT SECTION IS, UM, PART OF EHA TWO AND, UH, OPENNESS SPACES IS DISCOURAGED IN THAT SECTION.

OH, I KNOW, THAT'S WHY I'M ASKING THESE QUESTIONS.

I, IT'S, I RECOGNIZE IT'S PART OF EHA TWO AND I'M WONDERING, AND I'M, I'M LOOKING AT PAGES, WHAT, 88 AND 89 SHOWING THE MITIGATED DECIBEL LEVELS ON THE OUTSIDES OF THE EAST AND WEST SIDE OF THE BUILDING.

THE SOUTH BUILDING IS PRETTY MUCH TOTALLY ABOVE 65 DECIBELS, UH, OR 65 OR ABOVE, BUT BELOW 75 THAT GOES UP TO 74.

UM, BUT I'M WONDERING HOW SIGNIFICANT WOULD THAT BE IF THE OUTSIDE OF THE BUILDING IS NOT A PLACE WHERE PEOPLE ARE EXPECTED TO CONGREGATE AND REMAIN LIKE TO SIT AND, AND, UH, AND ENJOY THE OUTDOORS, FOR EXAMPLE? SO I'M, I'M WONDERING WHETHER I, WHETHER IT IS, YOU KNOW, FEASIBLE OR POSSIBLE TO DISCOUNT THOSE NOISE LEVELS ON THE GROUNDS THAT NO ONE'S GONNA REALLY HANG AROUND THERE ANYWAY.

AND, UH, THAT'S ALL I'M THINKING.

YEAH, THERE'S STRICT, YEAH.

I MEAN, IT'S SIDEWALKS, IT'S STRICTLY CIRCULATION, JUST LIKE, YOU KNOW, AROUND THE HOTEL.

UM, SO WE TALKED EARLIER ABOUT THAT, YOU KNOW, YOU CITED IT AS A GOAL OF 2000 UNITS AND 2,900 UNITS HAVE BEEN BUILT.

BUT, UM, I'M SURE YOU'VE TAKEN THIS INTO YOUR CALCULUS, BUT THERE ARE A TREMENDOUS AMOUNT OF UNITS IN THE GENERAL AREA THERE THAT ARE YET TO BE BUILT.

UM, AND SO I GUESS MY QUESTION TO YOU IS HOW HAVE YOU FACTORED THAT IN AS YOU LOOK AT THE FEASIBILITY OF YOUR SITE HERE? I'M JUST CURIOUS ABOUT THAT BECAUSE IF THIS IS APPROVED, IT WILL ADD YET MORE UNITS AND YOU KNOW, AS I SAID, WE'RE, WE'RE GETTING READY TO BUILD SOME IN, IN A GENERAL AREA, QUITE A FEW OF THEM.

UM, SO WE, WE DO MONITOR CONSTRUCTION ACTIVITY AND I MEAN, WE'RE, WE'RE BLESSED TO LIVE IN DFW, WHICH IS A, A GROWING METRO AREA.

SO THERE'S, WE, WE'VE BEEN BUILDING A LOT OF APARTMENTS AND THEY ALL CONTINUE TO FILL UP SO THAT WE'VE, WE STUDY, UM, EXPERTS IN THE FIELD.

MOST, MOST RECENTLY.

I, UH, REALPAGE, THERE'S AN ECONOMIST AT J PARSONS WHO HE, UH, HE POSTS REGULARLY ABOUT STUDIES SAYING DFW CONTINUES TO BE UNDERSUPPLIED FOR APARTMENT UNITS.

SO WE FEEL THERE'S, THERE'S NOT TOO MANY APARTMENTS, UM, FROM A MARKET DEMAND PERSPECTIVE, IS THAT, IF THAT'S WHAT YOU'RE ASKING.

SO, UM, SO, UH, I GUESS THAT ANSWERS YOUR QUESTION.

TURN, I GUESS, SO YOU BUILT ORAL ONE 90, BUT YOU'RE NOT MANAGING IT, SO YOU DEVELOP AND THEN SELL THE PROPERTIES TO OTHER MANAGEMENT? YEAH, SO THAT PARTICULAR DEAL, WE, OUR, OUR PARTNER ON THAT DEAL BOUGHT US OUT.

UH, SO WE ARE NOT THE WHOLE WHOLE WHOLE OWNER, BUT WE STILL HAVE A PARTNERSHIP INTEREST IN THAT DEAL.

UH, JUST LIKE ALL OUR DEALS, WE'RE

[01:10:01]

UH, AND THEN WE HAVE A THIRD PARTY MANAGEMENT COMPANY THAT MANAGES IT.

BUT WE HAVE IN IN-HOUSE ASSET MANAGEMENT THAT OVERSEE, UH, THE LEASE UP.

AND IT'S THE SAME GROUP.

WE'VE U YOU KNOW, THAT WE STILL USE THAT, LEASE THAT UP.

ACTUALLY, THE, THE MANAGER ON THAT PROJECT IS NOW, UH, HEAD OF ASSET MANAGEMENT FOR TEXAS.

SO VERY, VERY INTIMATE WITH, WITH THAT PROJECT.

UM, ON THE NORTH BUILDING.

IS THE PARKING FOR THAT BUILDING THAT PARKING GARAGE? IT'S ON THE SOUTH SIDE OF THE, CORRECT.

SO IF I'M LOOKING AT IT AND SOMEBODY WHO'S RENTING IN THAT NORTH BUILDING HAS TO PARK IN THE PARKING GARAGE AND THEN WALK TO THE NORTH BUILDING, THEY THERE, THERE'S NO WAY TO DO THAT COMPLETELY COVERED, SECURE, ET CETERA.

THEY'RE GONNA HAVE TO GET OUT SOMEHOW AND WALK OUTSIDE TO GET TO THEIR BUILDING.

NO, THEY, UH, HOW, HOW THIS, THIS WORKS.

SO IT'S A FIVE LOWER PARKER GARAGE.

SO YOU'LL PARK, MOST PEOPLE WILL PARK, IF YOU LIVE ON THE THIRD LEVEL PARK, YOU PARK ON THE THIRD LEVEL, YOU WALK THEIR CONDITIONED CORRIDORS.

OPEN THE DOOR.

YOU WALK INTO A CONDITIONED CORRIDOR.

SO IF YOU LIVED IN THE NORTH BUILDING THIRD FLOOR, YOU'D PARK, YOU'D GO INTO THE COURT, THE CORRIDORS ARE THE DARK GRAY THAT YOU SEE THERE.

SO YOU'D WALK DOWN THE CORRIDOR AND THEN WE'LL HAVE A SKY BRIDGE.

OVER BOTH THAT YOU'D WALK.

SO THERE'S A SKY BRIDGE CONNECTING THE TWO UNITS? CORRECT.

UM, JUST LOOKING AT IT, I WAS LIKE, THAT WASN'T CLEAR ON HERE BECAUSE IT'S MORE OF A GROUND.

THERE'S A STIPULATION OF THE HEIGHTS WITH THE EASEMENT THAT WE'VE, WE'VE ALL, YOU KNOW, WE'VE BEEN WORKING WITH THAT GROUP OKAY.

TO ESTABLISH THAT.

GREAT.

THAT'S HELPFUL.

UM, YOU MAY HAVE TO DISCOUNT THOSE NORTHERN UNITS CAUSE PEOPLE ARE GONNA HAVE TO PARK 300 FEET AWAY JUST SAYING, UM, I DID NOTICE BY ADDING UP THE SQUARE, THE LINEAR OR THE FOOTAGE FROM, IT LOOKS LIKE IF YOU TAKE THE EASEMENT THEN YOUR, UH, FIRE LANE AND THEN THE SIDEWALK AND THEN THE PARKING GARAGE.

BY THE TIME YOU GET TO THE GARDEN COURT AREA, WHICH IS WHERE SOMEONE MIGHT HANG OUT, UM, YOU'RE, IT LOOKS LIKE YOU'RE ABOUT 158 FEET AWAY FROM THE HIGHWAY, AT LEAST 158 FEET AWAY.

SO I KNOW IT WAS SAID THAT WE'RE NOT 150 FEET, AND THAT'S TRUE ON THE APARTMENTS THAT ARE ON THE, UH, SOUTH END OF THE BUILDING.

BUT BY THE TIME YOU GET TO THAT GARDEN COURTYARD, YOU'RE OVER 150 FEET, WHICH WAS KIND OF OUR GUIDELINE FOR BEING AWAY FROM THE PARTICULATE MATTER IN AN OPEN SPACE.

AT LEAST IT LOOKS TO ME LIKE WE'RE AT LEAST 150 FEET AWAY.

SO I THINK THAT'S, THAT'S GOOD.

AND GIVES ME MORE, A LITTLE MORE COMFORT.

UH, THE DOG PARK, UH, ON THE SOUTHWEST CORNER, UH, TO COMMISSIONER BRUNO'S POINT, I DON'T THINK ANYONE'S GONNA HANG OUT THERE.

AS A MATTER OF FACT, I THINK THERE'S A DOG PORT, A DOG PARK RIGHT UNDER ONE 90, RIGHT UNDER ONE 90 TO THE RIGHT UP THE ROAD.

I MEAN, TO THE WEST.

JUST TO THE WEST.

IT'S A PUBLIC DOG PARK.

SO THEN ALSO THEN THE SIZE OF THE UNITS CAUSE IT, IT LISTS EFFICIENCIES, ONE BEDROOMS AND TWO BEDROOMS. AND IN THE PD IT LISTS MINIMUM SIZES, BUT IT SAYS THAT THE, UH, AVERAGE UNIT FOR THE ENTIRE DEVELOPMENT MUST BE 700 FEET.

AND IT SAYS A TWO BEDROOM MINIMUM IS 625.

SO CAN YOU GIMME SOME IDEA THEN OF WHAT YOUR REAL ACTUAL SIZES ARE GONNA BE? AND I, IT IS NOT A LAND USE DECISION AS MUCH AS IT IS.

WE'RE APPROVING A PD THAT SAYS YOU'RE GONNA HAVE A UNITS THAT ARE 625 FEET FOR A TWO BEDROOM.

BUT THE REQUIREMENT IN THE PD IS THAT YOU MEET A 700 SQUARE FOOT AVERAGE FOR ALL UNITS.

I THINK THOSE ARE, THOSE ARE MINIMUMS, RIGHT? THOSE ARE MINIMUMS. THEY ARE MINIMUMS. SO I'M WONDERING WHY WE, WHY WE WENT THAT DIRECTION, IF THE AVERAGE HAS TO BE 700, SO IT, WHAT'S YOUR AVERAGE TWO BEDROOM GONNA BE? IS THE AVERAGE, IS THE, IS 700 OF THE MINIMUM AVERAGE? OR IS THAT THE AVERAGE? THAT'S THE AVERAGE FOR ALL UNITS.

IF BE A MINIMUM AVERAGE.

IT'S THE MINIMUM AVERAGE.

IT SHOULD BE MINIMUM NOT AVERAGE.

THE LANGUAGE SAYS THE AVERAGE UNIT SIZE WOULD BE A MINIMUM OF 700 SQUARE FEET.

I MEAN, MEAN REALIST, YOU KNOW, WHAT WE WOULD BE UNDERWRITING MOST LIKELY WOULD BE EIGHT 50 AVERAGE.

SO AGAIN, THOSE ARE MINIMUMS. UH, YOU KNOW, A LOT OF CITIES LIKE TO PUT MINIMUMS JUST TO PUT A BRACKET AROUND ON WHAT IT IS.

BUT AS FAR AS WHAT WE'RE UNDERWRITING WE'RE, WE'D BE AN AVERAGE OF EIGHT 50 FOR THE PROJECT.

SO WE'D HAVE SOME THAT WOULD BE 1300 AND SOME THAT WOULD BE THAT MINIMAL EFFICIENCY.

BUT WOULD BE AVERAGE EIGHT 50 DOES, IF THAT MAKE SENSE.

UM, I, I THINK THAT'S ALL THE QUESTIONS I HAVE FOR YOU.

UM, ANY OTHER QUESTIONS FOR THE OUTCOMES? OKAY.

AND WE HAVE NO MORE SPEAKERS ON THIS ISSUE? THAT IS CORRECT.

DISCUSSION, LET ME JUST PERSONALLY, I SEE THIS AS A TRANSIT-ORIENTED DEVELOPMENT.

SO WE WILL CLOSE THE PUBLIC HEARING, UM, AND AS WE START OUR

[01:15:01]

IT'S DESIGNED WITH A WALKWAY THAT'S RIGHT, HEADED STRAIGHT SOUTH TO THAT LESS THAN TWO TENTHS OF A MILE AWAY TRAIN STATION.

UM, AND THAT TO ME RESOLVES A LOT OF THE ISSUES.

THE, I STRUGGLE A LITTLE BIT WITH THE HEALTH STUFF, BUT AGAIN, MITIGATION EFFORTS CAN HANDLE MOST OF THE NOISE.

UM, I, IT'S, THIS ISN'T ALSO NOT DESIGNED AS A PLACE WHERE PEOPLE ARE GONNA SPEND ALL DAY OUTSIDE ALL THE TIME.

IT'S, IT'S MEANT TO BE CONVENIENT AND TO THE EXTENT IT CAN BE INEXPENSIVE, , I GUESS, UH, UH, BUT CONVENIENT TO TRANSIT FOR WORK PURPOSES, UM, YOU KNOW, THINGS LIKE THAT.

SO IF, IF I GET BEYOND THAT, IF I GET BEYOND THE, I DON'T KNOW, LET'S CALL IT THE ENVIRONMENTAL ISSUES, UM, I, I REALLY DON'T HAVE ANY OTHER PROBLEM WITH THIS.

I, I DON'T LIKE THAT THERE'S AN AUTO REPAIR PLACE RIGHT NEXT TO THE NORTHERN BUILDING, BUT I ALSO KNOW THAT THAT AUTO REPAIR PLACE IS NOT GONNA STAY THERE.

THAT IT'S ONLY A MATTER OF TIME BEFORE THAT NORTHERN SECTION IS PROBABLY CONSOLIDATED BY SOME DEVELOPER AND TURNED INTO SOMETHING ELSE.

SO, UM, I LIKE THERE'S A HOTEL THERE RIGHT NEXT TO IT.

UM, UH, THERE'S A LOT I LIKE ABOUT IT.

AND I DO THINK THAT IT, IT REPLACES A, A KIND OF A SORE SPOT THERE COMING INTO THE CITY WITH SOMETHING THAT WILL LOOK NICE AND MEET A NEED IN TERMS OF DEMAND FOR, UH, UNITS.

WHETHER WE TALK ABOUT DOWNTOWN BUSINESS WITH A 2000 UNIT CAP, WHICH I DON'T THINK IS REASONABLE IN LIGHT OF THE FACT THAT WE ARE REALLY, WHAT WE'RE DOING HERE IS MAKING DECISIONS BASED ON THE EXPECTATION OF A TRANSIT ORIENTED DEVELOPMENT CORRIDOR.

UH, PARTICULARLY BEING SANDWICHED HERE BETWEEN CITY LINE OR BUSH AND 12TH STREET, WHERE THAT'S COMING.

UM, SO I THINK WE, WE HAVE TO REALIZE THAT THE 2000 CAP IS, IS NOT REASONABLE.

THE DEMAND IS THERE.

I JUST GOT BACK FROM AUSTIN RECENTLY AND THEY SAID THERE'S A THOUSAND PEOPLE A DAY MOVING TO TEXAS.

AND A, A BIG CHUNK OF THOSE ARE MOVING RIGHT HERE TO NORTH TEXAS BECAUSE WE KEEP DRAWING IN, UH, LARGE CORPORATE, UM, COMPANIES, UH, WHICH OF COURSE BRING NICE HIGH PAYING JOBS WITH 'EM, UH, THE MAJORITY OF 'EM.

SO I'M NOT WORRIED AT ALL ABOUT THERE BEING A DEMAND FOR IT.

AND, UH, SO IN, IN GENERAL, I'M GONNA SAY THAT I'M, I'M IN FAVOR OF IT.

I REALIZE WE GOTTA GO THROUGH A FINDINGS DEAL, BUT I THINK THIS IS ONE OF THOSE OPTIONS WHEN I GO, WHAT ELSE COULD GO HERE? UM, YOU KNOW, I DON'T KNOW WHAT ELSE SOMEONE'S GONNA COME IN HERE.

AND EVEN WHEN THAT COMES IN HERE, I THINK EVEN IF THEY'RE ABLE TO ACQUIRE THE PROPERTIES TO THE NORTH, THERE'S STILL GONNA BE A A, A SECTION OF THAT THAT'S GONNA WIND UP BEING, UH, MULTI-FAMILY, UM, HIGH DENSITY RESIDENTIAL.

SO IN GENERAL, I WOULD SAY I'M IN FAVOR OF.

AND THEN, UH, COMMISSIONER KERRY.

YEAH, THANK YOU.

UM, I, I I THINK THE CHAIRMAN MAKES SOME GOOD POINTS.

I THINK IT'S, IT'S VERY REASONABLE TO INCLUDE THIS AS PART OF T O D AND, AND, YOU KNOW, I I, I CAN'T SEE HOW WE WOULD EXCLUDE IT THOUGHTFULLY.

UM, AND YOU KNOW, WHAT, YOU LOOK AT THIS PROJECT, THERE ARE A LOT OF BENEFITS.

UM, AND AS I, AS I SORTED THROUGH THIS, ONE OF THE THINGS I LOOKED AT REALLY WAS THE FUTURE LAND USE OF THIS.

AND I LOOK AT THAT FOR A LOT OF THE PROJECTS WE'RE DOING AROUND PLANO, ESPECIALLY IN THIS AREA.

AND SO THE QUESTION I, ONE OF THE QUESTIONS I HAVE IS, IS WILL THIS BE THE BEST LAND USE FOR PLANO IN THE FORESEEABLE FUTURE? AND WHILE, UM, I I SEE BENEFIT OF BRINGING SOME MORE RESIDENTS TO THIS PARTICULAR AREA, I DO THINK IT'S COMPATIBLE WITH THE, UM, THE HOTEL NEXT DOOR.

AND I THINK IN TERMS OF BEING A BENEFIT TO THE COMMUNITY IN THE SURROUNDING NEIGHBORHOODS, UM, POSSIBLY IT DOES SERVE AS A BIT OF, OF AN IGNITION TO A LITTLE BIT MORE DEVELOPMENT AROUND HERE.

I THINK PROBABLY SOME OF THE BUSINESSES WOULD SAY, WE COULD, COULD USE SOME MORE CITIZENS AROUND HERE.

WHAT, WHAT I DON'T KNOW IS IF WE DENY THIS, UM, COULD THERE BE A BETTER USE OR ANOTHER USE? AND, YOU KNOW, POSSIBLY SINGLE FAMILY HOMES WOULDN'T BE WHAT WOULD GO IN HERE.

BUT I THINK PROBABLY ULTIMATELY WITH ALL THE DEMAND GOING ON FOR THINGS IN PLANO, THAT THERE MAY BE BUSINESSES THAT GO, GOSH, THIS IS A PERFECT SITE FOR US.

AND SO I DO THINK THAT'S POSSIBLE.

AND, AND I, I WEIGHED THAT A LOT.

I HAVE A LOT OF CONCERNS AS WE TALK ABOUT THE DEMAND FOR HOUSING AND PLANO AROUND DENSITY.

AND, YOU KNOW, WHILE THERE'S DEMAND, THAT DOESN'T NECESSARILY MEAN WE SHOULD COMPLETELY SUCCUMB TO THE DEMAND AND PUT AS MANY APARTMENTS OR HOUSES AS POSSIBLE.

AND I, AND I THINK THE CITIZENS OF PLANO HAVE CONCERNS ABOUT THAT.

AND SO AS I LOOK AT ALL THESE THINGS, I ALWAYS HAVE THAT CONCERN ABOUT DENSITY.

WHAT IS IT GONNA DO TO OUR TRAFFIC AND OTHER THINGS.

AS I LOOK AT THIS, I DON'T THINK THIS AFFECTS THE TRAFFIC VERY NEGATIVELY IN PLANO.

AND, AND SO AS I LOOK AT THIS, MY BEST GUESS IS, IS THAT PROBABLY FOR THE FORESEEABLE FUTURE, THERE'S NOT SOMETHING THAT'S GONNA POP UP HERE

[01:20:01]

THAT WE WOULD USE THAT MIGHT BETTER SERVE PLANO, WHICH IS MY NUMBER ONE THING.

WHAT'S GONNA SERVE PLANO BETTER? NOW, THERE MIGHT BE SOME PIECES OF PROPERTY, UM, AROUND HERE THAT, UM, PEOPLE COME IN AND SAY, HEY, WE WANNA PUT MORE MULTI-FAMILY.

AND, AND I, I MIGHT NOT THINK THAT THAT'S AS APPROPRIATE, RIGHT? BUT FOR THIS ONE, I THINK, I THINK I DO.

AND SO I'M GONNA SUPPORT IT.

UM, AND THE DRAINAGE DITCH SUPPOSEDLY, UH, UH, THAT'S GONNA BE TAKEN CARE OF.

COMMISSIONER KERRY.

COMMISSIONER RATTLES.

THANK YOU CHAIRMAN.

UM, UH, I, I WANNA ECHO WHAT THE TWO PREVIOUS OPINIONS HAVE BEEN TO A LARGE DEGREE, BUT I WANNA POINT OUT A COUPLE OF THINGS.

I, I AGREE WITH THE T OD.

IF WE MAKE THIS PART OF THE T OD, WHICH WE OBVIOUSLY SHOULD, CUZ IT'S WELL WITHIN WALKING DISTANCE OF CLOSER THAN MOST PROPERTIES, CLOSER THAN A LOT OF PROPERTIES THAT ARE IN DOWNTOWN PLANO TODAY TO A DART STATION.

UM, AND SO TO ME THAT THAT ELIMINATES REALLY ALL BUT TWO ISSUES.

AND ONE IS THE MIX OF USES AND THE SECOND IS THE EHA AREA.

UM, WHEN WE LOOK AT BOTH OF THOSE TOGETHER, IN MY MIND, THIS SITE WOULD BE HORRIBLY SUITED FOR SINGLE FAMILY.

YES, I MEAN, FOR THE EHA.

I I WOULD NOT EVEN BE CONSIDERED SINGLE FAMILY ON THIS TRACK BECAUSE OF THE OUTDOOR COMPONENT THAT NORMALLY GOES WITH A SINGLE FAMILY OR EVEN A TOWNHOUSE DEVELOPMENT TOWN HOME DEVELOPMENT.

SO, UM, SO THAT FROM A MIX OF USES STANDPOINT, THAT DOESN'T MAKE ANY LOGICAL SENSE TO ME AT ALL.

UH, AND SO WHEN WE LOOK AT THAT AS A HOUSING AREA THAT REALLY NEEDS THAT DENSITY FOR THE T O D, THEN THE, THE LOGICAL CONCLUSION IS A MULTI-FAMILY DEVELOPMENT OF SOME KIND.

THE TRANSIT IS THERE, THE, THE ROADWAY NETWORK IS THERE.

UM, ALL OF THE THINGS THAT WE WANT IN A T O D ARE AT THAT PARCEL.

AND SO, UM, I, I THINK THE DEVELOPER'S DONE A GOOD JOB OF MITIGATING BY DESIGN A LOT OF THE EHA CONCERNS.

UH, I, I DO, UH, I DO FIND IT, FIND IT INTERESTING THAT THE PREMIUMS ARE FOR THE ONES CLOSER TO THE STATION, THAT YOU'RE ALSO CLOSER TO THE FREEWAY.

I, I FIND THAT COUNTERINTUITIVE, BUT YOU KNOW, IF THAT'S WHERE YOU'RE WALKING TO WORK OR WALKING TO THE TRAIN STATION, I GET IT.

IT'S, YOU KNOW, IF YOU'RE GONNA WALK HOME, YOU DON'T WANNA WALK THAT EXTRA 300 FEET, I GUESS, OR 500 FEET.

UM, SO WITH, WITH ALL THAT SAID, UM, I, I DO BELIEVE THIS IS THE RIGHT PLACE FOR A DEVELOPMENT LIKE THIS, THAT THE, THE, IT'S THE T O D IS THE OVERRIDING CONCERN IN MY MIND.

THAT, THAT THAT'S THE REASON THAT I CAN LOOK PAST THOSE OTHER CONCERNS, UM, BECAUSE I DO BELIEVE IT'S THE RIGHT PLACE FOR THAT KIND OF DEVELOPMENT.

SO, THANK YOU CHAIRMAN.

SURE.

UH, COMMISSIONER OLEY, UH, I, I THINK I GOT OVER THE T OD PRETTY QUICKLY.

UM, IT WAS FAIRLY OBVIOUS THAT THIS WAS, UM, SUITED FOR T O D.

UM, I CAN'T GET OVER EHA TOO.

UM, IN MY MIND, AND I, I MAY BE WRONG, I DON'T THINK WE HAVE APPROVED ANY RESIDENTIAL USE YET IN MY TIME HERE IN EH EIGHT TWO.

I COULD BE WRONG AND I WOULD ACTUALLY LOVE TO, TO KNOW THAT ANSWER.

UM, AND IF IT'S NOT SUITED FOR SINGLE FAMILY OR TOWN HOME FROM A RESIDENTIAL PERSPECTIVE, THEN WHAT IS GOOD FOR THE GHOST IS GOOD FOR THE GANDER.

IT'S NOT SUITED FOR FAMILIES IN A MULTIFAMILY, UM, UH, LIVING SITUATION.

UM, THAT BEING SAID, I DON'T KNOW WHAT WOULD FIT IN THERE WITHOUT REST, YOU KNOW, WITHOUT HAVING SOME RESIDENTIAL COMPONENT.

BUT, YOU KNOW, I CAN'T GET OVER THE, UH, UH, THE EHA TWO, EHA ONE.

I MIGHT HAVE BEEN A LITTLE BIT CLOSER, BUT E A TWO TO ME HAS A BIT OF A HIGHER BURDEN, UH, TO OVERCOME.

SO I PROBABLY WOULD NOT BE IN FAVOR OF THIS.

COMMISSIONER BRUNO.

THANK YOU, MR. CHAIRMAN.

UM, SITTING HERE AND EVALUATING THESE CASES, I THINK OFTEN COMES DOWN TO WEIGHING TRADE-OFFS.

UH, THIS PROJECT IS A CASE IN POINT.

IT HAS POSITIVES AND IT HAS NEGATIVES.

THE POSITIVES ARE OBVIOUS.

FIRST OF ALL, IT CLEANS UP THE, THE PARCEL AND, UM, THE PROPOSAL IS MUCH MORE VISUALLY APPEALING THAN WHAT IS THERE NOW.

AND IT WOULD MAKE A MORE ATTRACTIVE GATEWAY IN, OF SOUTHERN GATEWAY INTO THE CITY.

IT MEETS A NEED FOR HOUSING, WHICH, UH, IS ONGOING AND INCREASING.

UH, AND IT IS, UH, CONVENIENT TO THE CITY LINE, BUSH, UH, UM, LIGHT RAIL TRAIN STATION, WHICH CONNECTS THE RED LINE, THE, THE SILVER LINE UNDER CONSTRUCTION, AND DURING RUSH HOUR, THE ORING LINE AS WELL.

UM, AND I WOULD CONSIDER THIS PART OF THE TRANSIT-ORIENTED DEVELOPMENT AREA.

FOR THAT REASON, I DON'T THINK THE CITY LIMIT IS GOING TO STOP.

THE PRACTICAL CONSIDERATION OF PEOPLE ARE GONNA GO GET TRANSIT WHERE IT'S CONVENIENT TO GO TO.

AND THE CITY LAND BUSH IS CONVENIENT, LET'S FACE IT.

UM, THE NEGATIVES CENTER LARGELY AROUND THE, THE EHA TWO AREA, AND I THOUGHT LONG AND HARD ABOUT THAT.

[01:25:02]

THE MUNICIPAL NORTH TEXAS MUNICIPAL WATER DISTRICT'S GONNA TAKE CARE OF THAT PROBLEM.

UM, WHICH COULD BE SIGNIFICANT BECAUSE THERE COULD BE A HEALTH RISK IF YOU'VE GOT RAW SEWAGE FLOW THROUGH THE MIDDLE OF THE PROPERTY WE'VE BEEN GIVEN.

I THINK WE SHOULD CLARIFY THERE THOUGH.

I MEAN, THIS LINE IS BURIED.

YEAH, I THOUGHT IT WAS OPEN.

THAT WAS MY SAY, MY PROBABLY WHAT, EIGHT FEET DOWN? AT LEAST 10 FEET DOWN.

10 FEET DOWN.

ALRIGHT.

BUT I THOUGHT LONG AND HARD ABOUT THE E D H A TWO.

OUR STANDARD SAYS THAT RESIDENTIAL USES ARE GENERALLY, AND I BECAME AWARE OF THE WORD GENERALLY WITH THIS CASE, I WASN'T AWARE OF IT TWO AND A HALF WEEKS AGO WHEN WE LOOKED AT THE OTHER CASE, GENERALLY INAPPROPRIATE, BUT MAY BE MADE APPROPRIATE WITH MITIGATION AS OPPOSED TO THE EHA ONE DISTRICT, WHICH SAYS THAT, UM, RESIDENTIAL HOUSING MAY BE INAPPROPRIATE, BUT, BUT CAN BE APPROPRIATE WITH MITIGATION.

SO MI UH, AS I UNDERSTAND IT, IN AN EHA ONE, DISTRICT MITIGATION MAKES RESIDENTIAL USES OVERCOME THE ENVIRONMENTAL OBJECTION, WHEREAS AN EHA TWO DISTRICT, IT MAY OVERCOME THE ENVIRONMENTAL OBJECTION.

IN THIS CASE, I FIND THAT THERE HAS BEEN, THAT THERE IS PLANT A PROPOSED MITIGATION IN ALL THE AREAS THAT NEED TO BE MITIGATED IN ORDER TO ACHIEVE LIVABILITY.

THE AREAS THAT THERE ARE AREAS THAT ARE NOT MITIGATED.

AND THOSE ARE THE EXTERIOR AREAS AROUND THE SOUTH, THE, UM, EAST AND WEST SIDES OF THE SOUTH BUILDING.

UM, THE SOUTH SIDE OF THE SOUTH BUILDING IS A PARKING GARAGE WALL AND A LITTLE BIT OF RESIDENTIAL WALLS AS WELL, WHICH IS NOT MITIGATED.

BUT THOSE ARE NOT AREAS, AS WE SAID BEFORE, WERE PEOPLE WILL BE, WILL BE HANGING OUT.

THEY'RE, THEY HAVE NOT PLANNED AMENITIES THERE, SUCH AS BENCHES, PLAYGROUNDS, UH, PICNIC TABLES, AREAS WHERE PEOPLE WOULD CONGREGATE AND REMAIN IN ORDER TO ENJOY BEING OUTDOORS.

UH, THOSE AREAS ARE IN THE COURTYARDS, WHICH ARE SUFFICIENTLY MITIGATED.

SO FOR THAT REASON, I'M WILLING TO CONCLUDE THAT THE POSITIVES OUTWEIGH THE NEGATIVES, AND I'LL GO AHEAD AND VOTE FOR IT.

UM, NO COMMENTS FROM YOU.

THAT'S FINE.

UM, COMMISSIONER, OH, YOU DON'T HAVE TO SAY ANYTHING.

NO, THERE'S NO, NO ISSUES.

UH, I DID ONE OF THOSE.

I I THINK IT'S IMPORTANT, AND I'M NOT TRYING TO CHANGE YOUR VOTE AT ALL, BUT I APPRECIATE YOUR CONCERNS ABOUT THE, EH A TWO AND YOU MENTIONED YOUR DAUGHTER READING ISSUES AND STUFF, AND I DON'T KNOW, MAYBE IT'S WORTH, WOULD IT BE BETTER? I I WANT YOU TO FEEL COMFORTABLE WITH US EITHER WAY, BUT IF, IF THE MITIGATE, IF YOUR CONCERN IS EXTERIOR, AND IT'LL BE THAT REGARDLESS OF IF THEY COULD MAKE THE AIR INSIDE AS CLEAN AS POSSIBLE, UM, I MEAN AS CLEAN AS THAT IN THE NEIGHBORHOOD, YOU KNOW, THAT I LIVE IN, FOR EXAMPLE, BUT THEY STILL HAD THE PARTICULAR ISSUES OUTSIDE THAT WOULD STILL CAUSE YOU TO VOTE AGAINST HIM.

WOULD, OKAY.

ALRIGHT.

SO THERE'S, IT REALLY, THERE'S NOTHING THEY CAN DO ABOUT THE INSIDE.

IT'S REALLY THE EXTERIOR, ANYTHING THAT CAN BE DONE.

RIGHT.

AND TO YOUR POINT TOO, WHAT ELSE COULD BE BUILT THERE? THEY'RE GONNA FACE THE SAME EXACT ISSUES.

COMMISSIONER BROSKY, DID YOU, SO, YEAH.

UM, I'VE REALLY STRUGGLED WITH THIS AND I'VE GONE, I BET YOU I'VE CHANGED MY THOUGHT THREE DIFFERENT TIMES OR MORE.

SO LET ME EXPLAIN MY THINKING.

UH, NUMBER ONE, UM, I HAD CONVERSATIONS WITH STAFF ABOUT, UH, T O D.

UM, I DO BELIEVE THAT, UH, HAD WE ADDRESSED THE T O D AT THIS LOCATION ON THE COMPREHENSIVE PLAN COMMITTEE, WE WOULD HAVE LABELED THIS, UH, A T O D STOP.

MM-HMM.

UM, SO I COMPLETELY CONCUR, UH, WITH LABELING THIS AND ANYTHING WITHIN A QUARTER OF A MILE OF THAT RICHARDSON STOP AS A T O D, NO QUESTION ABOUT IT.

UH, NUMBER TWO, UM, WE'VE TALKED A LOT ABOUT BEST USE AND I WALKED THIS SITE, UH, YESTERDAY, UH, PROBABLY FOR AN HOUR OR TWO, UH, COVERED EVERY BIT OF IT ALL THE WAY AROUND, WALKED THROUGH IT, SOME WALKED THROUGH THE DRAINAGE DITCH IN THE FRONT AND, UH, THOUGHT LONG AND HARD ABOUT

[01:30:01]

WHAT COULD GO HERE.

UM, BOTH IN THE SHORT TERM AND IN THE LONG TERM.

I DO BELIEVE THAT IT'S CONCEIVABLE THAT A BETTER USE COULD BE FOUND FOR THIS SPOT.

WILL IT OVER ANY SHORT TO MEDIUM PERIOD OF TIME, I REALLY DOUBT.

UM, THEN WE GET TO MY BABIES, UH, THE RGM POLICIES, BOY, UM, LOOK, I MEAN, UH, THE COMPREHENSIVE PLAN COMMITTEE, THE PLANNING AND ZONING COMMISSION, AND THE COUNCIL VOTED PROBABLY 10 OR 12 TIMES ALL UNANIMOUSLY, UH, IN FAVOR OF THE, THE MIX OF USE NUMBERS THAT WE HAVE PUT HERE.

AND SO, IN MY JUDGMENT, IN TRYING TO DECIDE, UH, AS I SAID, UM, I REALLY DO LOOK FORWARD TO, UM, VOTING FOR SOMETHING THAT I BELIEVE MEETS THE THRESHOLD OF WHAT I HAVE ALWAYS FELT THE COMMITTEE AND THOSE PUTTING FORWARD FINDINGS WAS ABOUT.

AND I'M GONNA PAUSE AND GO TO THE LAST, UH, THING, AND THAT WAS, UH, COMMISSIONER OLLIE'S, UH, EHA CONCERNS.

UH, I HAVE, I UNDERSTAND THIS.

UM, AND AS I THOUGHT ABOUT THE E H A CONCERNS, UM, I GET IT.

UM, AND I DO WONDER IF IT MAKES ANYTHING VIABLE IN THE SPOT.

UH, ALL THAT SAID, UM, I AM NOT GONNA VOTE AGAINST THIS THANK YOU COMMISSION.

I WAS SITTING HERE WATCHING HIS MIND CHANGE ONE MORE TIME, , AND THAT'S, THAT'S PERFECTLY FINE.

AND FOR THOSE OF YOU THAT ARE SITTING HERE GOING, WHY DON'T THEY VOTE ALREADY? UH, THIS IS AN IMPORTANT PART OF THE PROCESS.

THIS EACH OF US AND JUST HAVING THE DIALOGUE IS IMPORTANT.

COMMISS ALI, CAN I ASK, AND I DON'T KNOW IF, AGAIN, AS PART OF THE PD STIPULATION, IF THE MERV EIGHT IS THE NORM THAT YOU PUT INTO ON THE, UH, MULTIFAMILY BUILDING, CAN WE OPT THAT STIPULATION TO WHAT'S NEXT IN MERF? 10 15 IS PROBABLY NOT COMMERCIALLY VIABLE, BUT CAN PLEASE, YES.

SO THE MER EIGHT IS, IS ALREADY SEVERAL STEPS UP FROM WHAT WE WOULD NORMALLY PUT IN AN APARTMENT BUILDING.

SO WE, WE'VE BEEN STUDYING THIS WITH OUR MEP ENGINEERS, WHO'S WHO KNOW THE FILTERS BETTER THAN I DO.

UM, SO WE FELT THAT MERVA WAS SOMETHING WE COULD REALISTICALLY EXECUTE BECAUSE IT DOESN'T, DOESN'T, UM, IT STILL ALLOWS AIR TO FLOW DECENTLY WELL WITHOUT PUTTING A HUGE SYSTEM ON TOP OF THE BUILDING.

MM-HMM.

THAT COSTS, YOU KNOW, LIKE A, LIKE A SURGERY CENTER WOULD HAVE OR SOMETHING THAT, UH, JUST IS A TOTALLY DIFFERENT KIND OF CIRCULATION SYSTEM.

SO WE FELT MARVA WAS MUCH HIGHER THAN OUR TYPICAL EXECUTION.

WHAT'S THE TYPICAL, I I DON'T KNOW THE, I'M SORRY.

I DON'T KNOW THE EXACT FIL FILTRATION STANDARDS.

I BET HE GOES AND LEARNS IT BEFORE WHERE HE PRESENT THE CITY COUNCIL.

I WILL HAVE THAT FOR YOU NEXT TIME.

THAT'S FINE.

THE APPLICANT ORIGINALLY HAD IT AS MERV SIX, BUT THE, UM, STAFF REQUESTED IT TO BE MEED.

ANYONE? COMMISSIONER RAT QUESTION FOR STAFF.

UH, QUESTION FOR STAFF.

IF THE COMMISSION AGREES THAT THIS IS A T O D, DOES THAT STILL NECESSITATE FINDINGS? YES.

BECAUSE OF OUR GM ONE, WHICH IS UNRELATED TO THE OKAY.

THE P OD ISSUE.

JUST WANTED TO MAKE SURE IT'S MIXED EXCUSE.

NOW IN OUR MOTION, WE NEED TO INCLUDE LANGUAGE, UH, REGARDING THE STRUCTURED PARKING, CORRECT? THAT IS CORRECT.

IS THERE A SPECIFIC LANGUAGE YOU WOULD LIKE US TO USE WITH DEMOTION? UH, WE, WE HAVE LANGUAGE THAT WE'VE CRAFTED FOR OTHER, UM, PROPERTIES IN THIS CIRCUMSTANCE.

FOR EXAMPLE, THE PROPERTY AT LEGACY AND 75 HAS A PARKING GARAGE THAT'S BETWEEN THE UNITS FROM THE HIGHWAY THAT THEY WON'T AS PROPOSED IN THEIR CONCEPT PLAN.

THERE ARE SOME UNITS WHICH WILL NOT BE BUFFERED BY THE GARAGE, SO WE WOULD INCLUDE IT WHERE THE OUTER UNITS, UM, THE BUILDING WOULD BE BUFFERED EXCEPT FOR THE OUTER UNITS.

JUST TO CONFIRM, THE APPLICANT IS FAMILIAR WITH THE LANGUAGE YOU'RE GONNA ADD TO THE PD AND THEY'VE ALREADY AGREED

[01:35:01]

TO THAT.

THEY'RE COMFORTABLE WITH THE STANDARD AND WE'LL, WE'LL CONFIRM THE LANGUAGE WITH THEM.

WELL, EVERYBODY'S LOOKING AT ME FOR WHATEVER REASON.

SO I, I MOVE, WE APPROVE THIS ITEM ONE A WITH THE INCLUSION OF THE REQUIRED STRUCTURED PARKING, UH, ADDED TO THE PD SECOND.

UH, WE HAVE A MOTION BY CHAIR NOWS WITH A SECOND BY COMMISSIONER RATLIFF TO APPROVE ITEM ONE A WITH THE INCLUSION OF THE STRUCTURED PARKING REQUIREMENT ADDED TO THE PD, PLEASE VOTE.

AND THAT ITEM GOES WITH A FOUR TO ONE NO.

AND ONE ABSTENTION.

UM, OKAY, SO THAT ITEM CARRIES.

AND THEN FOLLOWING THAT UP, I WOULD MOVE, WE APPROVE ITEM ONE B SECOND, JUST TO CLARIFY, IT'S APPROVED SUBJECT TO COUNCIL APPROVAL OF THE ZONING CASE.

CORRECT.

SO LET ME MODIFY THAT.

I MOVE, WE APPROVE ITEM ONE B, SUBJECT TO COUNCIL'S APPROVAL OF THE ZONING CASE ONE A SECONDED AGAIN.

OKAY, SO WE HAVE A MOTION AND A SECOND TO APPROVE ITEM ONE B, PLEASE VOTE.

AND THAT ITEM CARRIES BY A VOTE OF FOUR YAYS, ONE NAY AND ONE ABSTENTION.

THANK YOU GUYS.

SO WE'RE GONNA HAVE TO DO SOME FINDINGS FORMS NOW, AND THAT COULD TAKE US A FEW MINUTES.

SO IF ANYONE NEEDED A LITTLE POTTY BREAK, THIS WOULD BE THE TIME.

UM, ARE THESE AVAILABLE? WHERE'S THE OH, SHE'S BRINGING THEM.

YOU BRING THEM AROUND.

SHE'S IN.

YEAH, YOU CAN DO IT EITHER WAY.

WHERE'S THE ONLINE VERSION? OKAY.

WHAT'S THE, HOW DO WE GET THROUGH IT ONLINE? WHAT? WE HAVEN'T DONE THESE ON THEIR THING, BUT YOURS.

WOW, HOW INTERESTING.

OH, I'LL JUST, WHEN YOU DON'T VOTE AT ALL, I THINK SHE MAY SAY YES.

WHERE DID YOU,

[01:49:04]

WE TECHNICALLY, WERE NOT AT RECESS THERE, WE TECH RECESS.

[01:49:04]

UH, ALTHOUGH IT MAY HAVE FELT LIKE ONCE.

UM, AND THAT'S KIND OF A POLICY DECISION BECAUSE WE'RE TECHNICALLY, WE'RE DOING FINDINGS AND THAT'S A PART OF THE PROCESS AND NEEDS TO BE, UH, UH, IT NEEDS TO BE ON CAMERA.

SO, UM, I'M GOING TO MOVE UP.

UM, ONE OF THE, THE PLEASURES OF BEING THE, THE CHAIR, I GUESS AS I GET TO KIND OF CHANGE THE ORDER A LITTLE BIT, WE HAVE ONE NON-PUBLIC HEARING ITEM, AND IT'S THE CALL A PUBLIC HEARING, UH, TO AMEND THE ZONING ORDINANCE RELATED TO SHORT TERM RENTALS.

NOW, JUST TO BE CLEAR, UH, ALL WE'RE DOING IS CALLING A PUBLIC HEARING.

THERE'S NO DISCUSSION GOING ON OR ANYTHING ELSE.

I KNOW YOU GUYS ARE HERE AND I THINK TWO OR THREE OF YOU, HOW MANY HAVE SIGNED UP TO SPEAK? WE HAVE THREE THAT HAVE SIGNED UP TO SPEAK.

OF OUR MEETING IF YOU'D JUST BE SHORT AND SWEET SO THAT WE CAN JUST MOVE IN HERE.

I, I'M DOING THIS TO HELP YOU GUYS OUT SO YOU DON'T HAVE TO SET THROUGH THE REST

[01:50:01]

BUT, UH, WE'RE NOT GONNA DISCUSS ANYTHING TONIGHT.

WE'RE JUST GONNA MOVE ON.

SO LET'S GO AHEAD AND GO WITH

[8. (MK) Discussion and Action: Call for Public Hearing - Call for public hearing to amend the Zoning Ordinance related to short-term rentals. Project #CPH2023-003. Applicant: City of Plano ]

ITEM EIGHT AND THEN WE'LL CIRCLE BACK TO THE REST OF THIS STUFF.

SHOULDN'T TAKE US LONG, GUYS.

AND THEN, AND WE'LL MOVE ON THROUGH.

UH, SINCE THIS IS A NON-PUBLIC HEARING ITEM, THE PRESIDING OFFICER WILL PERMIT LIMITED PUBLIC COMMENT FOR ITEMS ON THE AGENDA NOT POSTED FOR A PUBLIC HEARING.

THE PUBLIC PRESIDING OFFICER WILL ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER REQUESTS, LENGTH OF THE AGENDA, AND TO ENSURE MEETING EFFICIENCY AND MAY INCLUDE A TOTAL TIME LIMIT AGENDA.

ITEM NUMBER EIGHT IS DISCUSSION AND ACTION.

CALL FOR PUBLIC HEARING.

CALL FOR PUBLIC HEARING TO AMEND THE ZONING ORDINANCE RELATED TO SHORT-TERM RENTALS.

APPLICANT IS THE CITY OF PLANO.

CLEAR LANGUAGE THAT PEOPLE CAN UNDERSTAND WHEN THEY'RE BUYING PROPERTY TO UNDERSTAND THAT THEY CAN'T USE THEM AS SHORT TERM RENTALS IF WE'RE GOING TO PROHIBIT THEM.

I AM MELISSA KLEINK, LEAD PLANNER WITH THE PLANNING DEPARTMENT.

UH, THIS PRESENTATION WILL PARTIALLY BE BY ME AND THEN PARTIALLY BY OUR DEPUTY CITY ATTORNEY, MICHELLE DEANDRA, WHO WILL GO OVER SOME OF THE LEGAL INFORMATION.

SO THIS IS A REQUEST TO CALL A PUBLIC HEARING TO AMEND THE ZONING ORDINANCE RELATED TO SHORT-TERM RENTALS.

FOR SOME BACKGROUND, SHORT-TERM RENTAL PRESENTATIONS TO CITY COUNCIL HAVE BEEN ONGOING SINCE 2020.

THE CURRENT PROCESS STARTED IN OCTOBER OF 2022, WHEN COUNCIL DIRECTED STAFF TO LOOK AT A REGISTRATION PROGRAM, IMPLEMENT A PROCESS TO CONSIDER ORDINANCE CHANGES AND TO FOLLOW THE MODEL OF ARLINGTON TEXAS.

A REGISTRATION ORDINANCE WAS PRESENTED TO COUNSEL IN NOVEMBER OF 2022, BUT THAT WAS TABLED TO A FUTURE MEETING.

THERE WAS AN UPDATE PROVIDED TO THE COMMISSION AT YOUR NOVEMBER 21ST, 2022 MEETING, AND AN ADDITIONAL UPDATE WAS GIVEN TO CITY COUNCIL IN JANUARY OF 2023.

THEN AT THE FEBRUARY 27TH, 2023 CITY COUNCIL MEETING, A COUNCIL MEMBER REQUESTED AN ORDINANCE RESTRICTING SHORT-TERM RENTALS BE BROUGHT TO THE APRIL 10TH, 2023 CITY COUNCIL MEETING.

THE CITY MANAGER SUGGESTED THAT FURTHER DIRECTION ON THAT ORDINANCE BE DISCUSSED AT THE MARCH 13TH, 2023 COUNCIL MEETING.

AND JUST AN UPDATE ON WHAT STAFF HAS BEEN WORKING ON.

SINCE OUR LAST UPDATE TO YOU IN NOVEMBER, WE HAVE SIGNED A CONTRACT WITH DECKER TECHNOLOGIES TO PROVIDE DATA WHICH STAFF HAS BEEN LOOKING THROUGH.

WE HAVE OVER 3,600 DA, UM, INDIVIDUAL LISTINGS TO REVIEW, AND AS OF MARCH 6TH, THIS REVIEW IS ABOUT 50% COMPLETE.

MUCH OF WHAT HAS BEEN COMPLETED HAS ALSO BEEN INCORPORATED INTO PUBLIC SAFETY COMMUNICATIONS.

UM, COMPUTER, UM, COMPUTER AIDED DISPATCH.

SO POLICE ARE ABLE TO OBTAIN A MORE ACCURATE ANALYSIS OF THE CALL FOR SERVICE.

DATA.

STAFF HAS ALSO, UM, HAS A CONTRACT WITH GAP STRATEGIES FOR PUBLIC OUTREACH SUPPORT.

WE HELD AN INTERNAL MEETING ON MARCH 2ND TO INITIATE THE PROCESS.

AND WE ARE REVIEWING A TIMELINE IN SURVEY QUESTIONS AS KIND OF OUR FIRST STEPS IN THIS PROCESS.

AN ADDITIONAL CONSIDERATION IN THIS PROCESS IS PENDING LEGISLATION.

THERE IS A HOUSE BILL THAT IS PENDING RELATED TO SHORT-TERM RENTALS.

IT WOULD PREEMPT LOCAL ZONING ACTION AS IT WOULD SPECIFICALLY ALLOW SHORT-TERM RENTALS AND WOULD LIMIT WHAT WE ARE ABLE TO REGULATE.

AND AT THAT MARCH 13TH CITY COUNCIL MEETING, COUNCIL DIRECTED STAFF TO PREPARE AN ORDINANCE FOR A TEMPORARY BAN ON NEW SHORT-TERM RENTALS, BRING BACK THE REGISTRATION ORDINANCE AND CONSIDER A NUISANCE PARTY ORDINANCE, PARTY HOUSE ORDINANCE THROUGHOUT THE ORDINANCE PART, UM, PREPARATION AND APPROVAL PROCESS, AS WELL AS THROUGHOUT THE TIMEFRAME OF THE TEMPORARY BAN.

STAFF WILL CONTINUE THE PROCESS CURRENTLY UNDERWAY TO DEVELOP A PERMANENT ORDINANCE INFORMED BY FURTHER PUBLIC OUTREACH AND DATA ANALYSIS.

AND I'LL HAND IT OVER TO MICHELLE.

MELISSA, WOULD YOU MIND MOVING SLIDES FOR ME? YES.

GREAT, THANK YOU.

SO, UM, WE DIVIDE OUR LEGAL ADVICE TYPICALLY INTO GREEN, YELLOW, AND RED.

THE GREEN IS LEGALLY DEFENSIBLE, UM, COULD BE LITIGATION, BUT WE THINK WE HAVE A DECENT CHANCE OF BEING ABLE TO WIN.

I'M GONNA RUN THROUGH WHAT WE CAN DO THAT'S GOT A GREEN DESIGNATION.

WE CAN DO REGISTRATION AND LICENSING, UM, THAT CAN REQUIRE, UM, SAFETY GUIDELINES, ESTABLISH A LOCAL POINT OF CONTACT.

UM, WE CANNOT CREATE SPECIAL RULES THAT APPLY ONLY TO SHORT-TERM RENTALS.

UM, BUT, UM, WE COULD ENFORCE ACROSS THE BOARD NUISANCE ORDINANCES AND, UM, REVOKE PERMITS IF PEOPLE ARE NOT COMPLYING WITH THOSE.

UM, WE DID LEARN THAT THERE'S NOT A PROPERTY RIGHT IN LICENSE RENEWALS FROM A RECENT CASE OUT OF THE FIFTH CIRCUIT.

SO THAT'S

[01:55:01]

GOOD.

IT MAKES IT EASIER TO REVOKE WITHOUT HAVING TO WORRY ABOUT, UM, GETTING CLAIMS THAT YOU'RE TAKING PEOPLE'S PROPERTY RIGHTS.

ANY FEAR FINE FOR REGISTRATION OR COMPLIANCE HAS TO BE REASONABLE AND NOT EFFECT, UM, AND NOT EXCESSIVE.

SO THOSE ARE GREEN.

MOVING TO YELLOW, THESE ARE REGULATIONS THAT ARE DEFENSIBLE.

UM, IF THEY'RE SUPPORTED BY GOOD DATA, UM, AT LEAST THEY HAVE BEEN APPROVED LIKE IN THE ARLINGTON CASE.

SO ZONING, UM, WHICH WOULD MEAN BANNING, UM, MOVING FORWARD ANY KIND OF SHORT TERM RENTALS IN CERTAIN AREAS.

UM, AS DESIGNATED IN THE ZONING ORDINANCE.

UM, WE THROUGH THE STANDARD ZONING PROCESS, WHICH WOULD BE REVIEWED BY THIS COMMISSION, UM, GIVING NOTICE AND HAVING PUBLIC HEARINGS.

IF AN AN ST R USE EXISTS IN AN AREA THAT LATER BECOMES, UM, RESTRICTED THROUGH ZONING, THE PRE-EXISTING USE WOULD BE ALLOWED TO CONTINUE.

SO IT WOULD BE GRANDFATHERED.

UM, WHY DO WE HAVE TO GRANDFATHER? BECAUSE OTHERWISE, UM, IT COULD BE, UM, UNCONSTITUTIONAL TAKING OF PROPERTY WITHOUT COMPENSATION.

UM, THERE'S ALSO A CASE OUT THERE OUT OF AUSTIN THAT TALKS ABOUT CONSTITUTIONAL RETROACTIVITY CLAIMS. SO IF SOMEBODY'S ALREADY GOT, UM, THAT USE IN PLACE AND THEN WANTS TO CONTINUE TO USE IT, UM, THE CONSTITUTIONAL RETROACTIVITY, UM, CLAUSE MAY, UM, PREVENT US FROM STOPPING THAT USE AND DUE PROCESS CLAIMS. SO, UM, SOME PEOPLE MAY KNOW THAT ARLINGTON DID NOT HAVE TO GRANDFATHER OR DECIDED NOT TO GRANDFATHER WHEN THEY ADOPTED THEIR SHORT-TERM RENTAL ORDINANCE ON ZONING.

ARLINGTON HAD A SPECIFIC DESIGN DEFINITION IN THEIR ZONING ORDINANCE THAT LIMITED HOUSEHOLD LIVING TO, UM, PERIODS THAT ARE LONGER THAN A MONTH.

WE DO NOT HAVE THAT IN PLANO, SO WE ARE NOT SIMILARLY SITUATED.

ARLINGTON IN EFFECT, HAD ALREADY PROHIBITED SHORT-TERM RENTALS IN SOME DISTRICTS.

UM, SOME OF THE OTHER THINGS THAT WE CAN DO, UM, THIS IS ALSO IN THE YELLOW CATEGORY, WOULD BE A NUISANCE ORDINANCE, UM, WHERE WE PUT IN LIMITATIONS.

NOW, I THINK IT WOULD BE GREEN TO SAY THAT WE'RE GOING TO HAVE A NUISANCE ORDINANCE THAT'S GOING TO CONSIDER NOISE, TRASH, UM, PARKING.

BUT IF WE TRIED TO DO OCCUPANCY LIMITATIONS THAT ARE DIFFERENT THAN LONG-TERM RENTALS OR OWNED PROPERTY, OR IF WE TRY TO DO ASSEMBLY LIMITATIONS, THEN THOSE ARE GOING TO MOVE IT INTO RED.

UM, WHY, UM, BECAUSE THE AUSTIN CASE FOUND THAT WE CAN'T RESTRICT ASSEMBLY RIGHTS, UM, WITH OUR SHORT-TERM RENTAL ORDINANCES, UM, THAT VIOLATES THE FIRST AMENDMENT AND, UM, SO THAT'S WHY, BUT, BUT IF WE DO THE NUISANCE ORDINANCES AND PEOPLE HAVE VIOLATIONS AND THEN WE COULD REVOKE THEIR PERMITS.

SO, UM, YOU KNOW, THERE, THERE IS A REAL USEFULNESS IN HAVING SOME STRICT NUISANCE ORDINANCES IF YOU WANT TO BE ABLE TO STOP PEOPLE WHO, UM, ARE HAVING PARTIES AND DISTURBING OTHER PEOPLE.

UM, WHAT REGULATIONS ARE NOT DEFENSIBLE? UM, RESTRICTING ASSEMBLY AT SHORT-TERM RENTAL PRO, UM, PROPERTIES, CITYWIDE BANS OF SHORT-TERM RENTALS WITHOUT GOOD PROCESS AND GOOD REASONS TO BACK THOSE UP.

UM, SUN SETTING OR JUST PHASING, UH, SHORT-TERM RENTALS OUT OVER TIME THAT DID NOT WORK FOR THE CITY OF AUSTIN.

ALSO, WHAT REGULATIONS ARE NOT DEFENSIBLE THAT WOULD BE, UM, OWNER OCCUPANCY RESTRICTIONS.

UM, THERE'S A CASE IN THE FIFTH CIRCUIT, WHICH APPLIES TO TEXAS THAT SAYS, UM, IT IS A VIOLATION OF THE DORMANT COMMERCE CLAUSE OF THE CONSTITUTION TO SAY THAT YOU HAVE TO BE, UM, SOMEBODY WHO LIVES HERE IN ORDER TO HAVE A SHORT-TERM RENTAL OR LIVES IN THE HOME.

UM, AND ALSO WE, WE DON'T THINK IT'S DEFENSIBLE TO RELY UPON OUR CURRENT ZONING DEFINITIONS TO PROHIBIT SHORT-TERM RENTALS, UM, BECAUSE THERE IS NO CLEAR LANGUAGE IN OUR ZONE ZONING ORDINANCE RIGHT NOW THAT TALKS ABOUT HOW LONG, UM, PEOPLE HAVE TO LIVE SOMEWHERE, UM, IN ORDER FOR IT TO BE A DWELLING OR A RESIDENCE.

AND, UM, THERE'S LANGUAGE IN THE CITY OF GRAPEVINE CASE THAT MAKES IT PRETTY CLEAR THAT COURTS WANT US TO HAVE

[02:00:01]

SO, ALL RIGHT.

UH, THANK YOU.

SO WE GOT MORE EDUCATION THAN I ANTICIPATED THERE, AND I DON'T KNOW IF I COULD BE A LAWYER.

UM, MY WIFE'S WON, BUT I, I DON'T KNOW, READING THROUGH SOME OF THAT.

UM, OKAY.

SO, UM, IT'S NOT A PUBLIC HEARING.

OH, FIRST OFF, IS THERE ANY OTHER QUESTIONS FOR STAFF? I MEAN, WE'RE NOT REALLY GONNA GET INTO THIS TONIGHT, WE'RE JUST OKAY.

I THINK YOU'RE, YOU'RE GOOD.

SO IT'S NOT A PUBLIC HEARING, BUT I DID, UM, WHO, WHO'S, WHO'S FIRST TO SPEAK IF SHE CALLS YOUR NAME, COME ON DOWN, GET CLOSE.

AND, UH, FIRST UP IS ALINA BURKE, FOLLOWED BY MARK PULLIUM.

AND THEN THE NEXT ONE, GREG PATILLO.

JUST COME ON DOWN, GRAB US SEAT THERE IN THE FRONT.

HI.

HI, GOOD EVENING.

MY NAME'S ELENA BURKE, AND I'VE LIVED IN MY PLANO HOME FOR 29 YEARS.

I WANTED TO ECHO JUST TWO OF THE SIGNIFICANT POINTS MADE BY SHELBY WILLIAMS AT LAST WEEK'S CITY COUNCIL MEETING.

ONE SHORT TERM RENTALS MOST CLOSELY MATCHED THE DEFINITION OF BOARDING SLASH ROOMING HOUSES, WHICH ARE PROHIBITED IN RESIDENTIAL AREAS IN THE CITY OF PLANO.

THE SPIRIT OF THE ORDINANCE, AS EVIDENCED BY THE VERY DETAILED DESCRIPTION, CLEARLY WAS INTENDED TO PREVENT THIS TYPE OF LODGING IN OUR RESIDENTIAL NEIGHBORHOODS.

THE CONCEPT TWO, THE CONCEPT OF SHORT-TERM RENTALS WAS NOT KNOWN WHEN OUR ZONING ORDINANCES WERE WRITTEN.

MR. WILLIAMS STATED THAT THERE'S NO CURRENT ORDINANCE PROHIBITING VERTICAL TAKEOFF AND LIFT AIRCRAFT EITHER.

IT IS REASONABLE TO SEE WHAT EVOLVES BEFORE WE DECIDE WHAT TO DO ABOUT IT.

STATISTICALLY, IN OUR CITY, SHORT-TERM RENTALS ARE RESPONSIBLE FOR THREE TIMES AS MANY CALLS FOR POLICE SERVICE THAN OTHER RESIDENCES.

THE TAGLINE, CITY OF EXCELLENCE WAS ADOPTED TO REFLECT THE COMMITMENT TO QUALITY OF LIFE AND DELIVERY OF SERVICES BY THE CITY OF PLANO TO ITS STAKEHOLDERS.

AS STAKEHOLDERS, THE MAJORITY OF THE CITIZENS YOU SERVE DO NOT WANT SHORT-TERM RENTALS IN THEIR RESIDENTIAL NEIGHBORHOODS.

AND ONE FINAL POINT, OUR COALITION, PLANO CHAPTER OF THE TEXAS NEIGHBORHOOD COALITION IS NOT OPPOSED TO LONG-TERM RENTALS.

WE LIVE VERY PEACEFULLY WITH A LOT OF LONG-TERM RENTERS IN OUR NEIGHBORHOODS, BUT WE JUST DO NOT BELIEVE RESIDENTIAL, SINGLE FAMILY NEIGHBORHOODS ARE THE PLACE FOR SHORT-TERM RENTALS AND ALL THAT ENSUES FROM THEM.

UH, TWO TRADITIONAL APARTMENT DEVELOPMENTS OR ONE MID-RISE DEVELOPMENT.

NEXT, MR. PULLIUM.

MR. PULLIUM.

UH, OKAY, LET'S MOVE ON.

GOOD EVENING, UH, PLANNING AND ZONING.

UH, MY NAME IS GREG PATILLO.

UH, I LIVE AT 62 29 WESTCHESTER LANE IN THE, UH, GLENN MEADOWS DEVELOPMENT, AND I HAVE FOR ALMOST 30 YEARS TONIGHT.

I JUST WANTED TO COVER SOME HISTORY, UH, ON MAY 1ST, 2019.

UM, THE, UH, AGREEMENT THAT THE CITY OF PLANO SIGNED WITH AIRBNB TO VOLUNTARILY COLLECT HOTEL OCCUPANCY TAX, UH, WENT INTO EFFECT AT THAT POINT IN MAY, 2019, THERE WERE 231 ENTIRE HOME LISTINGS.

UH, AND THAT DATA IS FROM AIR D N A, IT'S BEEN CORRECTED.

IF YOU LOOK AT AIR D N A, THERE'S A SECTION OF THEIR DATA THAT ACTUALLY EXTENDS, UH, UH, NORTH OF, OR SOUTH OF THE BUSH AND EAST OF CENTRAL THAT IS NOT ACTUALLY, UH, PLAINO TERRITORY.

SO DID A LITTLE MATH TO CORRECT THAT DOWN, UH, TO WHAT IT, WHAT IS MORE REALISTIC.

I DIDN'T COUNT DOTS, BUT USE THE BASIC PERCENTAGE .

UM, AND MAY, 2020 A YEAR LATER, UH, WE WENT FROM 231 TO 306, MAY, 2020 1, 457 ENTIRE HOME LISTINGS.

AND AS OF MAY, 2022, THERE WERE 581.

IN THE MEANTIME, UH, EVERYONE WAS WORKING ON THE, UH, COMPREHENSIVE PLAN 2021, UH, WHICH DID NOT ADDRESS, UH, SHORT TERM REALS IN THEIR IMPACT ON HOUSING WHATSOEVER.

UH, SO IF YOU LOOK AT THE CURRENT ESTIMATE, UH, AND AIR D N A PROJECTS A 2% GROWTH QUARTERLY, UH, AS KIND OF LEVELED OFF, UH, OBVIOUSLY, UH, MAY, UH, WHEN, WHEN THE FEDS STARTED, UH, INCREASING RATES BY 50 AND 75, UH, BASIS POINTS THAT KIND OF HIT THE ECONOMICS OF, UH, IN THE MARKET.

AT THE SAME TIME, THE CITY OF PLANO WAS GETTING A LOT OF ATTENTION AS TO WHAT IT'S GOING TO DO, AND A LOT IS UP IN THE AIR IS WHAT WAS GONNA HAPPEN.

SO THINGS HAVE KIND OF LEVELED OFF FOR THE MOMENT, BUT OBVIOUSLY WITH THE, THE PLANS THAT FRISCO HAS AND EVERYTHING THAT'S GOING TO COME BACK IN PLAY, IF WE ALLOW THESE THINGS TO, UH, PARTICIPATE OR, OR EXIST IN OUR, OUR RESIDENTIAL NEIGHBORHOODS.

SO IF YOU LOOK AT THE AVERAGE, CURRENT AVERAGE OF ABOUT 557 ENTIRE HOME LISTINGS, THAT EQUALS,

[02:05:01]

AND SO WE WOULD HOPE TO BE BUILDING THOSE TO CREATE ADDITIONAL HOUSING, NOT TO MAKE UP FOR THE HOUSING THAT WE'RE LOSING TO THE SHORT-TERM INDUSTRY.

AND SO, AS WE, WE, AS WE PLAN, WE NEED TO KEEP THAT IN MIND.

AND WHAT THAT DOES IN INFLATING, UH, RENT PRICES, THAT HURTS OUR LOCAL BUSINESSES BECAUSE IT LOWERS DISCRETIONARY INCOME AND IT FORCES OUR SMALL BUSINESSES TO, TO OFFER HIGHER WAGES, TO, UH, ATTRACT AND RETAIN STAFF.

SO THERE'S AN ECONOMIC MODEL THAT PLANO HAS.

IT'S NOT BUILT FOR TOURISM, IT'S NOT BUILT FOR THE NEED.

SHORT TERM RENTALS, UH, DO NOT SOLVE ANY PROBLEM FOR PLANO.

UH, AND AS A MATTER OF FACT, THEY CREATE MORE PROBLEMS THAN THEY DO SOLVE.

THANK YOU FOR YOUR TIME THIS EVENING, FOLKS.

THAT'S IT, RIGHT? NO OTHER SPEAKERS.

AS I SAID, THIS IS NOT A PUBLIC HEARING.

UM, SO, UH, WITH THAT COMMISSIONER BROSKI, I WOULD MOVE, UH, THAT, WELL FIRST I WANNA SAY I'M VERY HAPPY THAT WE'RE TAKING A VERY THOUGHTFUL APPROACH TO THIS AND, UH, I DO BELIEVE LISTENING TO WHAT OUR PUBLIC HAS TO SAY IS VERY IMPORTANT.

SO THE PUBLIC OUTREACH PIECE IS IMPORTANT AS WELL.

SO I MOVE THAT WE, UH, CALL A PUBLIC HEARING, OKAY, FOR THIS ORDINANCE.

I'LL SECOND THERE.

SO I HAVE A MOTION BY COMMISSIONER BROSKY WITH A SECOND BY COMMISSIONER OLEY TO CALL A PUBLIC HEARING, UH, RELATED TO SHORT TERM RENTALS.

PLEASE VOTE THAT ITEM CARRIES SIX TO ZERO.

THANK YOU FOR BEING HERE.

BACK TO, UH, OUR ITEM NUMBER TWO ON PUBLIC HEARINGS, PLEASE.

OKAY, LET'S CIRCLE

[2. (PM) Public Hearing: Zoning Case 2023-001 - Request for a Specific Use Permit for Dance, Gymnastics, and/or Martial Arts Studio on one lot on 0.1 acre located on the south side of Capital Avenue, 684 feet east of N Avenue. Zoned Light Industrial-1. Project #ZC2023-001. Petitioner: Joe L. Griffith (Legislative consideration)]

ITEM MAG AGENDA.

AGENDA ITEM NUMBER TWO, PUBLIC HEARING ZONING CASE 2023.

ONE, REQUEST FOR A SPECIFIC USE PERMIT FOR MARTIAL ARTS STUDIO ON ONE LOT ON ONE, I'M SORRY, ON 0.1 ACRE.

LOCATED ON THE SOUTH SIDE OF CAPITOL AVENUE, 684 FEET EAST OF N AVENUE, ZONED LIGHT INDUSTRIAL.

ONE PETITIONER IS JOE L. GRIFFITH, AND THIS IS FOR LETTUCE LEGISLATIVE CONSIDERATION.

GOOD EVENING COMMISSIONERS.

I'M PARK MCDOWELL PLANNER WITH THE PLANNING DEPARTMENT.

THIS REQUEST, THIS SUBJECT REQUEST IS FOR A PACIFIC USE PERMIT FOR DANCE GYMNASTIC AND OR MARTIAL ARTS STUDIO.

THE SUBJECT SUITE IS APPROXIMATELY 2,600 SQUARE FEET AND LOCATED WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT, LIGHT INDU LIGHT INDUSTRIAL ONE ZONING DISTRICT.

ON THE SCREEN IS THE LOCATION OF THE BUILDING HIGHLIGHTED YELLOW, AND ON THE SCREEN IS THE ASSOCIATED ZONING EXHIBIT.

THE SUBJECT PROPERTY IS LOCATED IN THE EMPLOYMENT CENTER CATEGORY OF THE FUTURE LAND USE MAP.

ALTHOUGH THE CATEGORY IS PRIMARILY INTENDED FOR CORPORATE OFFICES, MEDICAL CENTERS, EDUCATION FACILITIES, TECHNOLOGY CENTERS, AND RESEARCH FACILITIES.

SERVICES USES LIKE THOSE REQUESTED BY THIS U P CAN BE SUPPORTED, CAN BE SUPPORTING USES BECAUSE THE BUILDING IS MOSTLY SERVICE USES AND INCLUDES RETAIL STOREFRONTS.

THE PROPERTY, THE PROPOSED USE WOULD BE CLASSIFIED AS RETAIL TYPES IN THE LAND USE AND HOUSING INVENTORY.

THIS SITE IS CURRENTLY CLASSIFIED AS RETAIL TYPES, RESULTING IN NO CHANGE TO THE MIX OF USES ON THE SCREEN.

IT'S A COMPREHENSIVE PLAN.

POLICY SUMMARY.

THIS SITE IS LOCATED WITHIN THE EM AREA FOR THE FUTURE LANE USE MAP USE OF THE EXISTING SITE IS MARTIAL ARTS STUDIO IS GENERALLY CONSISTENT WITH THE EM DASHBOARD INTENT TO KEEP THE AREA LIMITED TO EMPLOYMENT GENERATED USES.

STAFF HAS RECEIVED ONE NEUTRAL RESPONSE WITHIN THE 200 FOOT BUFFER OVER FOR THE SIGNED LETTER, AND STAFF DID NOT RECEIVE ANY O ANY ADDITIONAL ONLINE RESPONSES RESULTING IN JUST ONE TO NEUTRAL RESPONSE IN TOTAL.

SO WITH THE, WITH THIS STAFF RECOMMENDS THE ITEM FOR APPROVAL AS SUBMITTED, I'M HAPPY TO ANSWER ANY QUESTIONS AND THE APPLICANT ALSO HAS A PRESENTATION IS AVAILABLE FOR QUESTIONS IF NEEDED.

ANY QUESTIONS FOR STAFF ON THIS ITEM? SEEING NONE, THANK YOU VERY MUCH.

I'LL PUBLIC HEARING AND THE APPLICANT WISHES TO ADDRESS.

UM, I DON'T TAKE PROFIT FROM THEM.

UH, TRACY DICKEY.

GOOD EVENING.

I'M TRACY DICKEY, AND I AM THE OWNER OF TEXAS ISH NEW KARATE OF EAST PLANO.

I HAVE BEEN IN BUSINESS SUBLEASING, UM, FOR OVER 15 YEARS IN THIS AREA, UM, AS I AM SUBLEASING RIGHT NOW IN OTHER AREAS FOR THIS.

UM, UM, THE SERVICES I PROVIDE FOR IN MY STUDIO IS I TEACH AGES FOUR AND UP IN ADULTS.

I HAVE MANY FAMILY MEMBERS THAT I TEACH.

UM, I ALSO DO SELF-DEFENSE CLASSES.

THESE, THESE CLASSES,

[02:10:01]

I DO DONATIONS FOR THOSE PROPHETS TO HOPE STORES, UM, NEW BEGINNINGS AND EMILY'S PLACE AND TREASURED VESSELS FOUNDATION.

I ALSO HAVE TAUGHT, UM, SELF-DEFENSE AT THOSE, UM, CHARITIES AND PLANO.

AND I ALSO GO WEEKLY TO TREASURED VESSELS FOUNDATION, WHICH IS A SEX TRAFFICKING, UM, SAFE SHELTER THAT I GO TO WEEKLY AND WORK WITH THE LADIES WITH KARATE.

UM, THANK YOU FOR THAT, .

YOU'RE VERY WELCOME.

I ENJOY AN EVENT.

UM, I'VE ALSO TAUGHT, UH, SELF-DEFENSE CLASSES AT PLANO EAST.

I DONATE, UH, SELF-DEFENSE CLASSES AND KARATE CLASSES TO ALL THE LOCO, UH, P I S D, UM, ELEMENTARY SCHOOLS FOR THEIR AUCTION SILENT AUCTIONS THAT THEY DO EVERY YEAR.

UM, FOUR OUT OF MY, FIVE OF MY STUDENTS, UM, THEY'RE ALL FAMILY MEMBERS.

UM, 20% OF MY STUDENTS ARE ON, UM, SCHOLARSHIP.

SO I'M HOPING TO HAVE, I'VE, BECAUSE I'VE BEEN SUBLEASING, I FEEL LIKE I'VE BEEN, UM, LIMITED ON WHO I CAN BRING THERE IN A SAFE PLACE FOR LADIES FROM THE DOMESTIC ABUSE SHELTERS AND THE SEX TRAFFICKING SHELTERS.

AND SO I'M HOPING TO HAVE MY OWN PLACE IN A SAFER PLACE FOR ALL OF THEM AND ALL MY FAMILIES.

ANY QUESTIONS FOR THE APPLICANT, I GUESS? OH, YES.

NO, NO.

I, I, OH, ALL RIGHT.

NO QUESTIONS FOR YOU.

I'M JUST MAKING SURE I DON'T SEE ANY ON THE BOARD, BUT I'M DOUBLE CHECKING HERE.

THANK YOU SO MUCH FOR THE PRESENTATION, AND THANK YOU FOR THOSE CLASSES FOR, YOU KNOW, THE, THE STUDENTS AND EVERYTHING.

THAT'S AMAZING.

VERY WELCOME.

UH, DO WE HAVE ANY OTHER SPEAKERS ON THIS? NO, WE DO NOT.

CLOSE THE PUBLIC HEARING.

I'LL MAKE A MOTION THAT WE APPROVE WAS SUBMITTED.

SECOND.

WELL.

OKAY, EVERYBODY WANTED TO MAKE THAT MOTION.

AND SECOND, SO WE HAVE A MOTION BY THE PLANNING AND ZONING COMMISSION WITH A SECOND BY THE PLANNING AND ZONING COMMISSION .

SO WE HAVE A MOTION BY COMMISSIONER KERRY WITH A SECOND BY, UH, COMMISSIONER BRUNO TO APPROVE.

UH, ITEM TWO AS SUBMITTED, PLEASE VOTE UNANIMOUS SUPPORT.

GOOD LUCK.

ITEM NUMBER THREE, PUBLIC HEARING REPLAT REVISED SITE PLAN AND PRELIMINARY SITE PLAN.

OKAY, ITEM THREE, AGENDA

[3. (KC) Public Hearing - Replat, Revised Site Plan, & Preliminary Site Plan: Jupiter Spring Creek Addition, Block A, Lot 1, Block B, Lot 1, Block C1, Lot 1, & Block C2, Lot 1 - Community center, vacant land, hotel, retail, restaurant, and vehicle parking garage on four lots on 42.1 acres located at the southwest corner of Spring Creek Parkway and Jupiter Road. Zoned Neighborhood Business Design-1 and located within the Parkway Overlay District. Projects #R2022-041, #RSP2022-059, and #PSP2022-011. Applicant: City of Plano (Administrative consideration)]

JUPITER SPRING CREEK EDITION BLOCK A LOT ONE BLOCK B LOT ONE BLOCK C ONE LOT ONE AND BLOCK C2, LOT ONE COMMUNITY CENTER, VACANT LAND, HOTEL, RETAIL RESTAURANT AND VEHICLE PARKING GARAGE ON FOUR LOTS ON 42.1 ACRES.

LOCATED AT THE SOUTHWEST CORNER OF SPRING CREEK PARKWAY AND JUPITER ROAD.

ZONED NEIGHBORHOOD BUSINESS DESIGN ONE AND LOCATED WITHIN THE PARKWAY OVERLAY DISTRICT.

APPLICANT IS CITY OF PLANO.

GOOD EVENING EVERYONE.

MY NAME IS KACHA COPELAND.

I'M THE SENIOR PLANNER WITH THE PLANNING DEPARTMENT.

THIS REPLAT REVISED SITE PLAN AND PRELIMINARY SITE PLANNER ALL RECOMMENDED FOR APPROVAL AS SUBMITTED.

AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

ANY QUESTIONS FOR STAFF ON THIS ITEM? SEEING NONE, NOPE.

THANK OH, OH, WE DO HAVE ONE.

OH, THERE IT IS.

SORRY.

AND LOOK THERE, HERE AND IN BETWEEN YOU PUSHED YOUR BUTTON, SO GO AHEAD.

UM, THE EVENT CENTER IS IN PLACE AND FUNCTIONING, RIGHT? YES.

YOU WILL BE ADDING A HOTEL, A RESTAURANT, AND RETAIL NECESSARILY ASSOCIATED WITH THE EVENT CENTER AS A PACKAGE, SO TO SPEAK, RIGHT? YES.

AND THE REVISED SITE PLAN IS TO SHOW THE ROADWAYS FOR THE PROPOSAL FOR THE DEVELOPMENT PLAN FOR THIS DISTRICT.

TO ME, THE, UM, THE COMBINATION OF AN EVENT CENTER WITH A HOTEL AND RESTAURANT, AND YOU CAN THROW IN RETAIL IF YOU WANT, SPELLS CONVENTION CENTER.

IS THAT WHAT YOU'RE TRYING TO ACCOMPLISH HERE? YES.

IN OTHER WORDS, A PLACE THIS, IS THAT THE CONVENTION CENTER, RIGHT? BASICALLY, YEAH.

IT WILL ATTRACT GROUPS AND EXHIBITORS AND EVENTS FROM OUTSIDE THE CITY TO COME IN, ESPECIALLY FOR EVENTS NOW REQUIRING AN OVERNIGHT STAY.

THEY CAN DO IT THERE BECAUSE THEY WILL HAVE A PLACE TO STAY IN THE HOTEL.

EXACTLY.

AND THE CITY COLLECTS ROOM TAX ON THE HOTEL? YES.

AND, UH, SALES TAX ON THE RESTAURANT? YES.

AND THE EVENT CENTER HAS LIKE CATERING FACILITIES AND AUDIOVISUAL FACILITIES FOR MEETINGS AND THAT SORT OF THING? YES.

AND FLEXIBLE SPACE TO ACCOMMODATE GROUPS OF DIFFERENT SIZES? YES.

CONVENTION CENTER, YES.

PLANO CENTER HAS BEEN AN I WOULD, I WOULD ADD YES, WITH THE CONVENTION CENTER.

IT IS, SOUNDS GOOD TO ME.

, THIS, THIS HAS BEEN A LONG TIME COMING CAUSE THE, THE

[02:15:01]

I DON'T KNOW IF THE CITY HAS ONE ALREADY, BUT IT WOULD BEHOOVE THE CITY TO HAVE SOMETHING ON THE ORDER OF A CONVENTION AND VISITORS BUREAU.

OKAY, ANY OTHER QUESTIONS? SORRY.

ANY SPEAKERS ON THIS ITEM? WE DO.

WE HAVE THE APPLICANT, UH, REPRESENTATIVE RON NASKI.

UNLESS THERE'S ANY QUESTIONS, I'M HERE TO TRY TO ANSWER ANY QUESTIONS FOR THE, FOR THE HOTEL AND GARAGE.

THANK YOU GENTLEMEN FOR YOUR PATIENCE, PUBLIC HEARING ITEM, REPLAT AND REVISE SITE PLAN.

I'M GONNA CLOSE THE COMMISSIONER.

O I MOVE, WE APPROVE.

AGENDA ITEM NUMBER THREE, UH, SUBMITTED.

SECOND.

I HAVE A MOTION BY COMMISSIONER O WITH A SECOND BY COMMISSIONER BROSKY TO APPROVE.

ITEM THREE IS SUBMITTED.

PLEASE VOTE.

ALSO LIKE TO THANK OUR HEAD OF THE PARKS DEPARTMENT FOR BEING HERE.

APPRECIATE YOU SIR.

THAT ITEM CARRIES SIX TO ZERO ITEM FOUR.

[4. (RP) Public Hearing - Replat & Revised Site Plan: Willow Bend Polo Estates Phase B, Block B, Lots 1R-19 & Block X, Lots 1-4 - 19 Patio Home lots and four common area lots on 3.1 acres located at the northwest corner of Turtle Creek Drive and Old Westbury Lane. Zoned Planned Development-423-Patio Home. Projects #R2023-004 and #RSP2023-004. Applicant: Shaddock WBP Plano, LLC (Administrative consideration)]

WILLOW BEN POLO ESTATES PHASE B, BLOCK B LOTS, ONE R THROUGH 19 AND BLOCK X LOTS, ONE THROUGH FOUR 19 PATIO HOME LOTS AND FOUR, COMMON AREA LOTS ON 3.1 ACRES.

LOCATED AT THE NORTHWEST CORNER OF TURTLE CREEK DRIVE AND OLD WESTBURY LANE ZONE PLAN DEVELOPMENT.

4 23 PATIO HOME APPLICANT IS SHOUT.

W B P PLANO, L L C.

MS. BRIDGES, UM, STAFF RECOMMENDS APPROVAL OF THE REPLAT AND THE REVISED SITE PLAN AS SUBMITTED.

I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

ANY QUESTIONS FOR STAFF ON THIS ITEM? OH YEAH.

COMMISSIONER KERRY .

YEAH, I, I DON'T HAVE A QUESTION.

I JUST HAVE A COMMENT.

I JUST, UH, BRING THIS UP EVERY TIME THIS COMES UP AND I'M SURE WE'RE ON TOP OF IT, BUT I JUST URGE US TO BE CAREFUL HERE AND THOUGHTFUL IN TERMS OF THE DRAINAGE.

CUZ AS I LOOK AT THIS SITE, I CONTINUE TO HAVE CONCERNS WITH WHAT'S GONNA HAPPEN WITH THE PEOPLE ON THE SOUTH END OF THIS.

SO FOR ALL OF THE, OUR, OUR GOOD PEOPLE AND WORKING ON CITY STAFF, UM, I KNOW YOU'RE DOING IT, BUT PLEASE, UH, FOR THE CITIZENS THAT ARE ON THE SOUTH END, LET'S, LET'S MAKE SURE WE, WE'VE GOT THE RIGHT DRAINAGE IN PLACE FOR THEM.

SO THANK YOU.

AND YES, COMMISSIONER BRUNO, I SAW YOU SEARCHING FOR YOUR BUTTON OVER THERE, SO IT'S HARD TO FIND SOMETIMES.

UM, I JUST WANT TO POINT OUT THAT THERE WERE SOME NEGATIVE, UM, COMMENTS FROM CITIZENS URGING DISAPPROVAL ON THE BASIS OF THEY DIDN'T WANT PATIO HOMES IN, IN THEIR SF NINE NEIGHBORHOOD.

I JUST WANNA POINT OUT THAT THIS IS A, A REPL A REPLAT IN THE SITE PLAN UNDER ADMINISTRATIVE CONSIDERATION, WHICH MEANS IF IT COMPLIES WITH THE ZONING AND APPLICABLE CITY ORDINANCES, WE HAVE TO APPROVE IT.

WE HAVE NO DISCRETION NOT TO.

AND THAT CITIZENS WHO ARE, WHO THINK THEY MAY BE OPPOSED OR HAVE CONCERNS ABOUT A PROPOSED DEVELOPMENT SHOULD BRING THEIR, THEIR CONCERNS FORWARD AT THE ZONING CASE, NOT AT THE SUBDIVISION PLAT CASE, CUZ THE SUBDIVISION PLAT CASE, OUR HANDS ARE TIED.

IF YOU OPPOSE SOMETHING, COME DOWN AND TALK TO US WHEN THE CASE IS UP FOR ZONING.

EVEN MIKE MARTIN, ENGINEERING MANAGER.

UM, I'D LIKE TO, TO YOUR POINT ABOUT THE DRAINAGE, UH, WE HAD CITIZENS TALK TO US ABOUT IT AND WE HAD A BIG CONCERN ABOUT THAT.

IT'S MY UNDERSTANDING OUR CITY ENGINEER IS HERE.

UH, IF POSSIBLE I'D LIKE TO HAVE HIM COME, UH, MAYBE SPEAK TO THAT SITUATION BECAUSE OBVIOUSLY WE'RE HEARING ONE THING FROM THE, AND I REALIZE THIS IS ADMINISTRATIVE'S CONSIDERATION, ALL OF THAT.

BUT HERE'S AN OPPORTUNITY HOPEFULLY FOR SOMEONE AT THE CITY TO ADDRESS OUR CONCERNS, WHICH WERE SIGNIFICANT.

LET'S PUT IT DOWN.

GOOD.

YEAH, WE UNDERSTAND DRAINS HAVE BEEN A CONCERN, BUT WE LOOKED AT THE PLANS AND REVIEWED THEM AND THE PRUDENT IT DIDN'T MEET OUR POLICIES AND OUR ORDINANCES AND THE IMPERVIOUS AREA DID DECREASE FROM THE ORIGINAL USE.

SO THAT SHOULD, UH, NOT INCREASE RUNOFF AT ALL.

SO THERE SHOULDN'T BE ANYBODY AT CITY GETTING, UH, PICTURES OF WATER RUNNING THROUGH SOMEONE'S YARD OR ANYTHING ELSE BECAUSE OF DRAINAGE FROM THIS PROPERTY? WATER, WATER WERE RUN THROUGH THE LOTS THAT HAD BEEN CREATED, BUT THEY ALL THAT WATER WERE RUN THROUGH THE RIGHT OF WAY AND THE STREETS ARE PART OF THE DRAIN SYSTEM.

ANY, ANY, ANYBODY ELSE HAVE QUESTIONS? I MEAN, I, I THINK IT WAS JUST GOOD TO GET THIS ON THE RECORD HERE BECAUSE WE'VE HAD SUCH MANY, SO MANY DISCUSSIONS AROUND IT.

SO I DO HAVE A QUESTION.

AND YOU KNOW, WE'VE TALKED ABOUT THIS BEFORE AND I'M SURE MICROPHONE.

[02:20:01]

I, I'M SURE THAT WE'RE DOING THE THINGS WE NEED TO, BUT, UM, BECAUSE I'VE HAD SO MANY CITIZENS OR SEVERAL CITIZENS THAT LIVE HERE, APPROACH ME.

UM, ARE THERE ANY SPECIAL THINGS BEING DONE IN TERMS TO MITIGATE SOME OF THAT WATER? BECAUSE HISTORICALLY THERE'S ALREADY SOME CHALLENGES WITH WATER COMING DOWN THOSE STREETS AND THERE'S FEAR THAT THAT WILL INCREASE NOW WITH, WITH WHAT'S GOING TO HAPPEN THERE.

SO WAS THERE ANYTHING EXTRA DONE TO TRY TO MITIGATE THAT? I, I GUESS I'M CURIOUS ABOUT THAT.

I WOULDN'T SAY THERE ARE THINGS EXTRA DONE, BUT THE DECREASE OF IMPERVIOUS AREA IS AN IMPROVEMENT TO WHAT WAS OUT THERE TODAY.

THE DECREASE OF THE INCREASE, IM A DECREASE OF IMPERVIOUS AREA.

I I SEEM TO REMEMBER ONE OF THE, UH, APPROVALS ON THIS PARTICULAR PROPERTY HAD THE LANGUAGE SUBJECT TO ALTERATIONS AND, YOU KNOW, OUR, OUR USUAL LANGUAGE MM-HMM.

THAT CARRIED THROUGH, THROUGH THE, THROUGH THE LIFE OF, OF THIS PROPERTY FROM ZONING ALL THE WAY THROUGH BUILD.

IS THAT CORRECT? WELL, THAT, THAT VERBIAGE IS REALLY INTENDED TO, UM, CAPTURE ANY CHANGES IN THE FIELD THAT HAPPENED DURING THE CONSTRUCTION PROCESS.

ONCE THE CONSTRUCTION PROCESS GETS FINALIZED WITH THE PUBLIC IMPROVEMENTS AS ASSOCIATED WITH THIS REPLAT, WE DON'T BRING THAT LANGUAGE FORWARD ANYMORE.

THE IMPROVEMENTS SHOULD BE FIXED AT THIS POINT IN TIME.

SO THERE SHOULDN'T BE CHANGES.

COMMISSIONER MORALES.

THANK YOU CHAIRMAN.

JUST I WANNA REPEAT BACK SOMETHING THAT YOU JUST SAID, MAKE SURE EVERYBODY UNDERSTOOD IT LIKE I DID BASED ON WHAT WAS THERE BEFORE.

WE HAVE ACTUALLY DECREASED THE AMOUNT OF IMPERVIOUS COVERAGE, WHICH EITHER INCREASED THE AMOUNT OF GREEN SPACE, WHICH SHOULD CORRESPONDINGLY DECREASED THE RUNOFF COMPARED TO WHAT WAS THERE BEFORE THIS DEVELOPMENT.

IS THAT CORRECT? YES, SIR.

SO WE'RE ACTUALLY GONNA HAVE LESS WATER THAN WAS THERE FOR YEARS.

ONCE THIS IS COMPLETED, IT'S, IT'S LESS RUNOFF.

IS IT GONNA BE ABLE TO BE SEEN? IT'S HARD TO TELL BECAUSE, YOU KNOW, A LITTLE BIT OF WATER LOOKS LIKE, BUT YES, IT SHOULD BE A DECREASE.

BUT FROM A CALCULATION STANDPOINT, IT'S LESS WATER THAN WAS THERE TWO YEARS AGO? THREE YEARS AGO, YES.

BEFORE THAT WAS DEMOLISHED? CORRECT.

JUST WANNA MAKE SURE THAT WAS CLEAR.

THANK YOU FOR CLARIFYING THAT AS WELL.

I UNDERSTOOD IT, BUT PEOPLE LISTENING MAY NOT.

SO THANK YOU FOR YOUR PATIENCE.

THANK YOU FOR BEING HERE.

WELCOME.

I THINK WE ALL FEEL A LITTLE BETTER NOW.

APPRECIATE IT.

UM, ANY OTHER QUESTIONS FOR STAFF? THANK YOU.

WE'RE GOOD.

ITEM NUMBER FIVE, PUBLIC HEARING PRELIMINARY REPLAT.

I'LL OPEN THE PUBLIC HEARING.

WE DO NOT HAVE ANY SPEAKERS, BUT THE APPLICANTS ARE AVAILABLE TO ANSWER ANY QUESTIONS FROM THE COMMISSION.

ANY QUESTIONS FOR THE APPLICANT? OKAY, I'LL CLOSE THE PUBLIC HEARING.

COMMISSIONER RATLIFF.

UM, I MAKE A MOTION THAT WE APPROVE THE REPLAT SUBJECT TO THE COVENANTS CONDITIONS AND RESTRICTIONS DOCUMENT ASSOCIATED WITH THE DEVELOPMENT BEING RECORDED WITH THE COUNTY, AND, UH, APPROVE THE REVISED SITE PLAN AS SUBMITTED.

MOTION BY COMMISSIONER RATLIFF WITH A SECOND BY COMMISSIONER CAREY.

TO APPROVE THE, UH, RECOMMENDATION BY STAFF, PLEASE VOTE THAT ITEM CARRIES SIX ZERO.

NEXT ITEM PLEASE.

AGENDA

[5. (KC) Public Hearing - Preliminary Replat: Llama Haven Addition, Blocks A-D, - 49 Single Family Residence-9 lots and one open space lot on 16.1 acres located on the north side of Parker Road, 180 feet west of Virgo Drive. Zoned Single-Family Residence-9. Project #PR2022-017. Applicant: Chen You-Hong and Hong Zhuang (Administrative consideration)]

THIS IS, UM, I'M SORRY, UH, MY APOLOGIES.

LAMAHA EDITION BLOCK A LOTS ONE THROUGH 11, BLOCK B LOTS, ONE THROUGH 17 BLOCK C LOTS ONE THROUGH 18 AND BLOCK D LOTS, ONE THROUGH 13 AND ONE X.

THIS IS 49 SINGLE FAMILY RESIDENCE, NINE LOTS AND ONE OPEN SPACE LOT ON 16.1 ACRES LOCATED ON THE NORTH SIDE OF PARKER ROAD, 180 FEET WEST OF VIRGO DRIVE ZONE, SINGLE FAMILY RESIDENCE NINE.

APPLICANT IS CHEN Y, YOUNG AND HONG SWUNG.

GOOD EVENING.

AGAIN, THIS ITEM, THIS PRELIMINARY REPLAT IS RECOMMENDED FOR APPROVAL SUBJECT TO ADDITIONS AND OR ALTERATIONS AS REQUIRED BY THE ENGINEERING PLANS REQUIRED BY THE ENGINEERING DEPARTMENT.

AND I'D BE HAPPY TO ANSWER ANY QUESTIONS.

ANY QUESTIONS FOR STAFF ON THIS? KIND OF COOL TO SEE, UH, SF NINE RESIDENTIAL DEVELOPMENT TAKING PLACE.

I LIKE THAT.

ALL RIGHT, THANK YOU.

YEP.

UH, I WILL OPEN THE PUBLIC HEARING.

DO WE HAVE ANY SPEAKERS ON THIS SIDE OF IT? NO, WE DO NOT.

I'LL CLOSE THE PUBLIC HEARING.

MOVE THAT WE APPROVE, UH, THIS SUBJECT TO ADDITIONS AND OR ALTERATIONS TO THE ENGINEERING PLANS AS REQUIRED BY THE ENGINEERING DEPARTMENT.

UH, I AGREE WITH YOU.

UH, MR. SPEAKER, UH, CHAIRMAN , YOU JUST, YOU I I AGREE WITH YOU, YEAH.

YES, YES, YES.

UH, I'M REALLY EXCITED TO SEE 49 MORE, UH, SF NINE HOMES GOING IN PLANO.

AND SO I

[02:25:01]

QUICK QUESTION.

I'M SORRY.

UH, SPEAKER BUTTON.

UM, IS THIS, LET ME ASK YOU, IS THIS JUST A, DO YOU HAVE A QUESTION FOR STAFF OR SOMETHING? QUESTION FOR STAFF, YEAH, LET'S I'S SECOND THAT SO WE CAN OKAY, WE HAVE A SECOND NOW WE HAVE DISCUSSION.

SO, OKAY.

DISCUSSION POINT PLEASE.

UM, I LOOKED AT THE, UH, LOTS ON THE, UM, ON THE PLAT AND IT LOOKED LIKE MOST OF THEM WERE A LITTLE BIT UNDER 9,000 SQUARE FEET, LIKE 8500, 8800.

DOES THAT TAKE THIS OUT OF THE SF NINE CATEGORY OR DO WE LEAVE IT IN SF NINE WE HAVE TWO STORM WATER MANAGEMENT DIVISIONS, ONE AND TWO, WHICH CAN DECREASE THE SIZE OF THE LOTS, BUT STILL FITTING IN THE SF NINE DISTRICT.

OKAY, THANK YOU.

THERE YOU GO.

OKAY, SO WE HAVE A MOTION BY COMMISSIONER BROSKY WITH THE SECOND BY COMMISSIONER RATLIFF, UH, TO APPROVE ITEM FIVE, UM, AS RECOMMENDED BY STAFF.

SO PLEASE VOTE.

AND THAT ITEM CARRIES SIX ZERO ITEM SIX PLEASE.

AGENDA ITEM

[6. (PM) Public Hearing - Preliminary Replat & Revised Site Plan: West Plano Retail Center, Block 1, Lot 1R- Superstore with vehicle fueling station on one lot on 15.7 acres located on the west side of the Dallas North Tollway, 865 feet south of Park Boulevard. Zoned Planned Development-220-Regional Commercial and Regional Commercial and located within the Dallas North Tollway Overlay District. Projects #PR2023-003 and #RSP2023-006. Applicant: Costco Wholesale Corporation (Administrative consideration)]

NUMBER SIX, PUBLIC HEARING PRELIMINARY REPLAT AND REVISED SITE PLAN.

WEST PLANO SUPERSTORE WITH VEHICLE FUELING STATION ON ONE LOT ON 15.7 ACRES LOCATED ON THE WEST SIDE OF THE DALLAS NORTH TALL HALLWAY 865 FEET SOUTH OF PARK BOULEVARD ZONE PLAN DEVELOPMENT TWO 20 REGIONAL COMMERCIAL AND REGIONAL COMMERCIAL AND LOCATED WITHIN THE DALLAS NORTH TOLLWAY OVERLAY DISTRICT.

APPLICANT IS COSTCO WHOLESALE CORPORATION.

STAFF RECOMMENDS THE PRELIMINARY REPLANT FOR APPROVAL SUBJECT TO ADDITIONS IN OUR ALTERATIONS TO THE ENGINEERING PLAN AS REQUIRED BY THE ENGINEERING DEPARTMENT.

AND THEN STAFF RECOMMENDS THEIR REVIS SITE PLAN FOR APPROVAL SUBMITTED.

AND I'M HAPPY TO ANSWER ANY QUESTIONS.

THERE ARE ANY THANK YOU QUESTIONS FOR STAFF ON THIS ITEM.

I HAVE COMMISSIONER CAREY FIRST.

YEAH, UH, CAN YOU HELP ME CUZ IT'S NOT CLEAR TO ME.

MAYBE I'M A LITTLE OBTUSE, BUT, UM, WHAT ARE THEY PLANNING TO DO HERE WITH THE FUELING? AND IT'S REALLY PERSONAL TO ME BECAUSE I'M OVER THERE AND IT'S REALLY CRAZY NOW.

SO I'M EXCITED ABOUT THIS, BUT JUST AT A VERY HIGH LEVEL.

SO THEY'RE PROPOSING TO EXPAND, UH, THE FUELING.

WELL WE ORIGINALLY HAD AN S SCS P A COUPLE OF MONTHS AGO TO MOVE IT TO THIS CURRENT LOCATION AND THEN NOW THEY'RE COMING IN WITH THE REVISED SITE PLAN AND PLUMER REPLAT TO EXPAND THE FUELING AND THE QUEUING FOR THE FUELING TO MAKE IT A LITTLE BIT EASIER TO NAVIGATE THE SIDE.

YES, IT'S, IT'LL BE A GOOD THING.

COMMISSIONER BRUNOS ANSWER MY QUESTION.

OH, OKAY.

VERY GOOD.

ANY OTHER QUESTIONS FOR STAFF? OKAY, THANK YOU VERY MUCH.

WE'LL OPEN THE PUBLIC HEARING.

WE HAVE ANY SPEAKERS ON THIS ITEM? YES, WE HAVE THE APPLICANT ONLINE.

CHARLES MOSLEY.

VERY GOOD.

MR. MOSLEY, CAN YOU HEAR US? I DON'T SEE HIM YET TO GET SOME GAS.

HE'S PROBABLY WAITING IN THAT LINE OVER THERE.

THERE HE IS.

CAN YOU HEAR US? HELLO ? CAN YOU HEAR US? SORRY.

YES, I CAN HEAR YOU.

CAN YOU HEAR ME VERY WELL? YES, PLEASE.

UM, I'M CHARLES BOSLEY.

I'M WITH UH, BARK HOUSING CONSULTING ENGINEERS.

I'M HERE ON BEHALF OF COSTCO WHOLESALE FOR THE UH, COSTCO FUEL EXPANSION PROJECT.

UM, I HAVE THE TEAM HERE AVAILABLE FOR ANY QUESTIONS THAT YOU MIGHT HAVE.

UM, I HAVE OUR, UH, THERE GARCIA WITH COSTCO, UH, OWNER REP, UH, HAILEY DAWSON, ALSO WITH BAR HOUSEN, WHO IS OUR CIVIL ENGINEER, AND CHRISTINE CONNOLLY, UH, WITH KITTLESON ASSOCIATES, WHO IS OUR TRAFFIC ENGINEER.

UM, WE'VE WORKED CLOSELY WITH, UH, MR. MCDOWELL TO DEVELOP AND COMPLETE THIS APPLICATION FOR THE EXPANSION OF THE COST OF FUEL FACILITY.

WE'RE IN AGREEMENT WITH THE STAFF REPORT AND, UH, THE CITY'S RECOMMENDATION FOR APPROVAL.

UH, WE'RE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

BEING HERE AND THANK YOU ALL.

THANK YOU MR. MOSLEY.

DO WE HAVE ANY QUESTIONS FOR STAFF, UH, FOR MR. MOSLEY ON THIS ITEM? UH, WE DON'T HAVE ANY QUESTIONS FOR YOU.

THANK YOU FOR PARTICIPATING, FOR

[02:30:01]

DO WE HAVE ANY OTHER SPEAKERS? NO, WE DO NOT.

VERY WELL.

I WILL CLOSE THE PUBLIC HEARING AND MR. O I MOVE, WE APPROVE AGENDA ITEM NUMBER SIX, PRELIMINARY REPLAT, UH, SUBJECT TO ALTERATIONS TO THE ENGINEERING PLANS AS REQUIRED BY THE ENGINEERING DEPARTMENT AND ALSO TO APPROVE THE REVISED SITE PLAN AS SUBMITTED.

OKAY, I I WILL GLADLY SECOND THAT.

, NO PERSONAL INTEREST THERE.

COMPLETELY PERSONAL.

NUMBER SEVEN, PUBLIC HEARING PRELIMINARY REPLAT, THE CANAL ON PRESTON BLOCK A LOTS 11 R AND 12 R.

UH, NO, NO FINANCIAL INTEREST.

NO FINANCIAL INTEREST.

OKAY, THERE YOU GO.

JUST BEING CLEAR THERE.

SO WE HAVE A MOTION BY COMMISSIONER HOLLY WITH A SECOND BY COMMISSIONER KERRY TO APPROVE ITEM WHAT ARE WE ON? SIX, UH, UH, AS RECOMMENDED BY STAFF, NOT ITEM CARRIES SIX TO ZERO SO, UH, VERY GOOD.

SHORTER LINES AND CHEAPER GAS.

HOPEFULLY AVAILABLE IS GOING TO GET BETTER QUICKLY.

OKAY, .

EXCELLENT.

ALRIGHT, AGENDA ITEM

[7. (DS) Public Hearing - Preliminary Replat: The Canal on Preston, Block A, Lots 11R & 12R - Retail, professional/general administrative office, restaurant, and veterinary clinic on Lot 11R and retail on Lot 12R on 2.3 acres located at the southeast corner of Angels Drive and McDermott Road. Zoned Planned Development-20-Mixed-Use. Project #PR2023- 005. Applicant: Akshaya Realty, LLC and Mantra Realty, LLC (Administrative consideration)]

RETAIL, PROFESSIONAL, GENERAL ADMINISTRATIVE OFFICE, RESTAURANT AND VETERINARY CLINIC ON LOT R AND RETAIL ON LOT 12 R ON 2.3 ACRES LOCATED AT THE SOUTHEAST CORNER OF ANGELS DRIVE AND MCDERMOTT ROAD ZONE PLAN DEVELOPMENT 20 MIXED USE.

APPLICANT IS, UH, UH, SKY REALTY, L L C IN MANTRA REALTY L L C.

EASY FOR YOU TO SAY.

NOT REALLY GOOD EVENING COMMISSIONERS.

MY NAME IS DONNA OLVIDO, SENIOR PLANNER WITH THE PLANNING DEPARTMENT.

THIS ITEM IS RECOMMENDED FOR APPROVAL SUBJECT TO ADDITIONS AND OR ALTERATION TO THE ENGINEERING PLANS AS REQUIRED BY THE ENGINEERING DEPARTMENT.

HAPPY TO ANSWER ANY QUESTIONS.