Apr 17, 2023 Planning and Zoning

[00:00:02]

OKAY.

THANK YOU ALL FOR BEING HERE THIS EVENING.

THANKS TO MY MIC MAN UP THERE FOR MAKING SURE I'M TURNED ON .

HE'S TAKING CARE OF ME AS ALWAYS, UH, APPRECIATE YOU BEING HERE AT SEVEN O'CLOCK.

WE WILL START OUR REGULARLY SCHEDULED MEETING, AND IF YOU WOULD PLEASE RISE AND JOIN ME IN THE PLEDGE OF ALLEGIANCE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL

[COMMENTS OF PUBLIC INTEREST]

THIS PORTION OF THE MEETING IS TO ALLOW UP TO THREE MINUTES PER SPEAKER WITH 30 TOTAL MINUTES OF ITEMS OF INTEREST OR CONCERN, AND NOT ON ITEMS THAT ARE ON THE CURRENT AGENDA.

THE PLANNING AND ZONING COMMISSION MAY NOT DISCUSS THESE ITEMS, BUT MAY RESPOND WITH FACTUAL OR POLICY INFORMATION.

THE PLANNING AND ZONING COMMISSION MAY CHOOSE TO PLACE THE ITEM ON A FUTURE AGENDA.

PRESIDING OFFICER MAY MODIFY THESE TIMES AS DEEMED NECESSARY.

I SEE WE HAVE THREE SPEAKERS.

WE DO.

FIRST IS ELENA BORK, AND IF THE REST OF YOU JUST WANT TO COME DOWN AND SIT DOWN FRONT, YOU KNOW WHO YOU ARE.

WE KNOW WHO YOU ARE.

, GOOD TO SEE YOU AGAIN.

THANKS FOR BEING HERE.

HELLO AGAIN.

HI.

GOOD EVENING.

THE DRILL NAME, ADDRESS.

YEP.

MY NAME IS ELENA BURKE.

I'VE LIVED IN MY PLANO HOME FOR 30 YEARS NEXT MONTH, 6 2 32 WESTCHESTER LANE.

I LOVE MY NEIGHBORHOOD AND MY NEIGHBORS.

WHEN OUR KIDS WERE YOUNG, THEY WOULD RUN BACK AND FORTH TO THEIR FRIENDS', HOMES, PLAY IN THE FRONT YARD, RIDE BIKES AROUND THE BLOCK.

NOT SO MUCH ANYMORE.

YOUNG KIDS IN MY NEIGHBORHOOD HAVE A DIFFERENT AND MORE RESTRICTIVE EXPERIENCE, RESTRICTIVE EXPERIENCE THESE DAYS AS SEVERAL STR SHORT-TERM RENTALS EXIST IN OUR NEIGHBORHOOD, BRINGING TOTAL STRANGERS INTO THE MIX.

THESE RENTERS ARE KNOWN BY NONE OF US.

THEY ARE UNLIKE THE FAMILIES WHO OCCUPY LONG-TERM RENTAL HOMES AND BECOME PART OF THE FABRIC OF OUR NEIGHBORHOOD.

WE BORROW MILK FROM EACH OTHER, SEE EACH OTHER AT THE NEIGHBORHOOD PICNIC, KNOW A BIT OF EACH OTHER'S STORY.

THE PROBLEM OF STR IN OUR NEIGHBORHOODS IS SO DISTRESSING THAT MY HUSBAND AND I ACTUALLY WONDERED LAST WEEK WHERE WE MIGHT MOVE TO ESCAPE THIS SAME EXPERIENCE, AND IT MIGHT NOT BE PLANO.

WHAT A CRAZY SITUATION FOR THIS CITY.

COUNCILMAN WILLIAMS CONJECTURED, THAT SHORT-TERM RENTALS BE VIEWED THE WAY BOARDING HOUSES ARE AS DEFINED IN OUR ZONING CODES.

THIS SOUNDS LIKE SUCH A LOGICAL APPROACH AND CERTAINLY AN OPTION FOR DEALING WITH THIS ISSUE.

I'M HOPEFUL THAT YOU ARE AWARE OF THE BILLS BEING PRESENTED AT THE STATE LEVEL, WHICH ARE AIMED AT LIMITING THE POWER OF OUR LOCAL MUNICIPALITIES.

IT SEEMS LOGICAL TO A GREAT MANY OF US THAT THE CITY SHOULD ENDEAVOR TO HONOR THE VAST MAJORITY OF ITS CITIZENS OVER A MINORITY OF SHORT-TERM RENTAL OWNERS, MANY WHO DON'T LIVE OR HAVE A VESTED INTEREST IN THIS COMMUNITY.

THANK YOU.

THANK YOU.

NEXT WE HAVE BILL FRANCE.

GOOD EVENING, LADIES AND GENTLEMEN.

THANK YOU SO MUCH FOR YOUR SERVICE TO OUR CITY.

I JUST WANTED TO, UH, BRING UP THE FACT THAT ON MAY 8TH, UH, YOU'LL BE INVITED.

UH, SIR, NAME AND STATE NAME.

NAME.

OH, I'M SORRY.

UH, MY NAME IS BILL FRANCE AND I LIVE AT 27 12 BARRINGTON DRIVE IN PLANO, TEXAS.

THANK YOU FOR 26 YEARS.

VERY HAPPILY.

UM, AND I UNDERSTAND THAT YOU'RE ALL GONNA BE INVITED TO A, UH, A JOINT MEETING WITH CITY COUNCIL WHERE, UH, THE DISCUSSION OF A TEMPORARY BAN ON SHORT-TERM RENTALS WILL BE DISCUSSED.

AND I'M ENCOURAGING YOU TO VOTE, UH, FOR THE AFFIRMATIVE ON THAT.

AND HERE'S WHY.

UM, WE HAVE HAD SIGNIFICANT ISSUES, UH, THROUGHOUT THE CITY, UH, WITH THESE SHORT-TERM RENTALS.

WE'VE HAD, UH, BROTHEL, WE'VE HAD A SHOOTING, AND NOW THERE'S A, A, UM, A CHILD PORNOGRAPHY, UM, UH, RING THAT WAS JUST OPERATING IN A SHORT TERM RENTAL AS WELL.

THE CITY OF EXCELLENCE SHOULD NOT TOLERATE THIS TYPE OF BEHAVIOR, AND, UH, WE BELIEVE THERE THIS NEEDS TO BE STOPPED.

UM, AND AT A MINIMUM, WE KNOW THAT YOU DO HAVE SOME LEGAL RE RESTRICTIONS ABOUT YOUR, THE LATITUDE, WHAT YOU CAN AND CANNOT DO.

BUT WE BELIEVE THAT THIS IS WELL WITHIN THE CITY'S LEGAL RIGHTS TO, UH, PUT A CAP, UM, AND, AND A FREEZE ON THIS TO EXAMINE THIS ISSUE AND THEN MAKE SOME SENSIBLE, UH, REGULATIONS, UH, IN ORDER TO, UH, CONTROL THIS, THIS MANIFESTATION.

SO, UM, UH,

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SO, UM, WE ARE HOPING THAT, UM, THAT YOU WILL, UH, TAKE, UM, OUR, UH, OUR PLEA AND, AND, UM, AND STAND FIRM WHEN IT COMES TO SUPPORTING THIS BAN.

THANK YOU VERY MUCH FOR YOUR TIME.

THANK YOU, MR. FRANCE.

NEXT WE HAVE GREG PATILLO.

GOOD EVENING.

MY NAME IS GREG PATILLO.

I'VE LIVED, UH, IN PLANO AT 62 29 WESTCHESTER LANE FOR ALMOST 30 YEARS.

P I S D ADOPTED ITS FISCAL 20 22, 20 23 BUDGET WITH A PROJECTED 38 MILLION DEFICIT.

THE DEFICIT IS DUE IN LARGE PART TO AN ALMOST 227 MILLION RECAPTURE PAYMENT, BUT THE DISTRICT ALSO CITES DECLINING ENROLLMENT AND PAY INCREASES TO RECRUIT AND RETAIN STAFF AS CONTRIBUTING FACTORS.

P I D IS ENROLLMENT HAS BEEN DECLINING SINCE THE 2014 15 FISCAL YEAR.

THE DECLINE ENROLLMENT IS TYPICALLY ATTRIBUTED TO CHANGES IN PLANOS POPULATION DEMOGRAPHIC, BUT IN THE LAST SEVERAL YEARS, THERE'S BEEN ANOTHER FACTOR THAT MOST ANALYSTS OVERLOOK, AND THAT IS IN THE IMPACT OF SHORT-TERM RENTALS, USING A SIMPLE RATIO OF STUDENTS TO HOUSING UNITS ENTIRE HOME SHORT-TERM RENTALS, A RESPONSIBLE FOR 267 STUDENTS DROPPED FROM P I S D ENROLLMENT AS THEY DISPLACE RESIDENTS AND FAMILIES WITH TRANSIENTS.

THIS RESULTS IN A LOSS OF 1.65 MILLION ANNUALLY, JUST IN THE BASIC OF ALLOTMENT AND AN ESTIMATE OF MORE THAN 2.5 MILLION ANNUALLY.

FOR TOTAL AVERAGE DAILY ATTENDANCE, THE LOSS REVENUE DUE TO SHORT-TERM RENTALS REPRESENTS ABOUT 7% OF THE TOTAL 20 22 23 DEFICIT.

THE STUDENTS DISPLACED REPRESENT 19 TEACHER JOBS ELIMINATED TO DATE BASED ON A 14 TO ONE STUDENT TEACHER RATIO.

JUST LOOKING AT THE DROP BETWEEN 20 21, 20 21, 22 SCHOOL YEARS, THE 17% OF THE DROP OF ENROLLMENT CAN BE ATTRIBUTED TO SHORT-TERM RENTALS ALONE.

THERE'S NOTHING THIS COMMITTEE, THE MAYOR AND COUNCIL CAN DO REGARDING SCHOOL FINANCE AND THE RECAPTURE PAYMENTS THAT P D MUST MAKE.

NEW DEVELOPMENT OF MOSTLY MULTI-FAMILY AND HIGH DENSITY HOUSING WILL OFFER ONLY MINOR INCREASES THAT WILL NOT BE ENOUGH TO OFFSET LOSSES.

SMALLER, MORE DENSE, MORE AFFORDABLE HOUSING WILL ALSO NOT RESULT IN SIGNIFICANT GAINS NECESSARY TO SIGNIFICANTLY SHIFT THE DEMOGRAPHICS.

THE ONE THING THAT IS COMPLETELY IN CONTROL IS THE ZONING OF SINGLE FAMILY RESIDENTIAL HOUSING TO PROHIBIT THE PROLIFERATION OF SHORT-TERM RENTALS, WHICH WILL CONTINUE TO ERODE AND HARM P I C.

SURELY A STRONG PUBLIC SCHOOL SYSTEM IS CONSIDERED TO BE IMPORTANT TO THE GENERAL WELFARE OF OUR COMMUNITY.

THANK YOU FOR YOUR TIME THIS EVENING.

THANK YOU VERY MUCH.

OKAY.

[CONSENT AGENDA]

THE CONSENT AGENDA WILL BE ACTED UPON IN ONE MOTION AND CONTAINS ITEMS WHICH ARE ROUTINE AND TYPICALLY NON-CONTROVERSIAL ITEMS MAY BE REMOVED FROM THIS AGENDA FOR INDIVIDUAL CONSIDERATION BY COMMISSIONERS OR STAFF.

WOULD ANYONE LIKE TO PULL AN ITEM FROM THE CONSENT AGENDA? ALL RIGHT, I MOVE.

WE APPROVE THE CONSENT AGENDA AS SUBMITTED.

I HAVE A MOTION BY COMMISSIONER BROSKY WITH A SECOND BY COMMISSIONER BRUNO TO APPROVE THE CONSENT AGENDA, PLEASE VOTE THAT ITEM CARRIES BY A VOTE OF SIX TO ZERO.

PLEASE NOTE THAT WE ARE SHORT.

COMMISSIONER RATLIFF AND COMMISSIONER TONG THIS EVENING.

ITEMS FOR ITEMS FOR INDIVIDUAL CONSIDERATION.

PUBLIC HEARING ITEMS, UNLESS INSTRUCTED OTHERWISE BY THE CHAIR, SPEAKERS WILL BE CALLED IN ORDER.

REGISTRATIONS ARE RECEIVED.

APPLICANTS ARE LIMITED TO A TOTAL OF 15 MINUTES OF PRESENTATION TIME WITH A FIVE MINUTE REBUTTAL IF NEEDED.

REMAINING SPEAKERS ARE LIMITED TO 30 TOTAL MINUTES OF TESTIMONY TIME WITH THREE MINUTES ASSIGNED PER SPEAKER.

THE PRESIDING OFFICER MAY MODIFY THESE TIMES AS DEEMED NECESSARY.

ADMINISTRATIVE CONSIDERATION ITEMS MUST BE APPROVED IF THEY MEET CITY DEVELOPMENT REGULATIONS.

LEGISLATIVE CONSIDERATION ITEMS ARE MORE DISCRETIONARY EXCEPT AS CONSTRAINED BY LEGAL CONSIDERATIONS.

[1. (DS) Public Hearing: Zoning Case 2022-009 - Request to rezone 19.1 acres located at the southwest corner of Plano Parkway and Executive Drive from Corridor Commercial to Planned Development-Corridor Commercial. Zoned Corridor Commercial and located within the 190 Tollway/Plano Parkway Overlay District. Project #ZC2022-009. Tabled on February 6, 2023, and March 1, 2023. Petitioner(s): Onalp Property Owner, LLC (Request to table to May 1, 2023)]

2022 DASH ZERO NINE.

REQUEST TO REZONE 19.1 ACRES LOCATED AT THE SOUTHWEST CORNER OF PLANO PARKWAY AND EXECUTIVE DRIVE FROM CORRIDOR COMMERCIAL TO PLAN DEVELOPMENT CORRIDOR, COMMERCIAL ZONED CORRIDOR COMMERCIAL, AND LOCATED WITHIN THE ONE 90 TOLLWAY TOLLWAY PLANO PARKWAY OVERLAY DISTRICT, PETITIONER IS ON LAP PROPERTY OWNER LL SLEE.

THIS IS FOR LEGISLATIVE CONSIDERATION.

DO

[00:10:01]

SORRY.

THAT'S A DIFFERENT THING.

GO AHEAD.

GOOD EVENING, COMMISSIONERS.

MY NAME IS DONNA SDO, SENIOR PLANNER WITH THE PLANNING DEPARTMENT.

THE APPLICANT IS REQUESTING TO TABLE THIS ITEM TO THE MAY 1ST, 2023 PLANNING AND ZONING COMMISSION MEETING, AND IT'S RECOMMENDED THAT YOU ACCEPT THE REQUESTED TABLE.

HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

ANY QUESTIONS FOR STAFF ON THIS ITEM, MR. BRUNO? YEAH.

DO YOU THINK THAT, UH, MICROPHONE PLEASE.

YEAH.

SORRY.

DO YOU THINK THAT THEY CAN BE READY TO GO ON ON MAY THE FIRST? YES.

WE BELIEVE THEY'LL BE READY.

THANK YOU.

VERY GOOD.

ANY OTHER QUESTIONS? ALL RIGHT, THANK YOU.

I'LL OPEN THE PUBLIC HEARING.

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

I'LL CLOSE THE PUBLIC HEARING CONFINED DISCUSSION OF THE COMMISSION.

MR. YEAH, I WILL.

UM, I WILL JUST, UH, MAKE A MOTION THAT WE, UH, TABLE IS TILL MAY 1ST AS SUGGESTED BY STAFF.

SO SECOND, YOU CAN SECOND IT.

I JUST LIKE, I MAKE A COMMENT.

UH, I CONTINUE TO BE VERY HOPEFUL THAT, UH, AS WE'VE MADE THIS DELAY, THAT THEY WILL BE ABLE TO, UH, GET TO THE LEVELS TO WHICH THEY THEMSELVES HAVE DESCRIBED, UH, THE COMPREHENSIVE PLAN AND THE PHASING REQUIREMENTS THAT WE HAVE BEEN TALKED ABOUT IN IT.

OKAY.

SO WE HAVE A MOTION AND A SECOND, PLEASE VOTE.

AND THAT ITEM CARRIES SIX TO ZERO TO TABLE THAT, UH, MAY 1ST.

[2. (PM) Public Hearing - Preliminary Replat & Revised Site Plan: Swaminarayan Gurukul Addition, Block A, Lot 1R - Religious facility on one lot on 28.3 acres located on the west side of Park Vista Road, 730 feet south of Glenscape Circle. Zoned Agricultural. Projects #PR2023-002 and #RSP2023-002. Applicant: Swaminarayan Gurukul-USA (Administrative consideration)]

ONE R RELIGIOUS FACILITY ON ONE LOT ON 28.3 ACRES LOCATED ON THE WEST SIDE OF PARK VISTA ROAD.

730 FEET SOUTH OF GLEN SCAPE CIRCLE.

ZONED AGRICULTURAL APPLICANT IS SWA AREA GUO, S A AND THIS IS FOR ADMINISTRATIVE CONSIDERATION.

GOOD AFTERNOON, COMMISSIONERS, PARKER MCDOWELL PLANNER WITH THE PLANNING DEPARTMENT STAFF RECOMMENDS THE PRELIMINARY RE FOR APPROVAL SUBJECT TO ADDITION TO INNER ALTERATIONS TO THE ENGINEERING PLAN AS REQUIRED BY THE ENGINEERING DEPARTMENT.

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

AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT THEY'RE ALREADY.

THANK YOU.

QUESTIONS FOR STAFF ON THIS ITEM? COMMISSIONER BRUNO MICROPHONE.

OKAY.

UM, I NOTICED THAT PART OF THIS PROPERTY LIES WITHIN THE CITY OF RICHARDSON, IS THAT CORRECT? UM, ACTUALLY IT IS ALL WHOLLY WITHIN THE CITY OF PLANO, AND IT IS, THE PROPERTY LINE IS RIGHT ON THE CITY OF PLANO AND CITY OF RICHARDSON LINE.

OKAY.

NEVERMIND ME.

THAT'S GOOD.

THANK YOU.

ANY OTHER QUESTIONS FOR STAFF? SEEING NONE.

THANK YOU VERY MUCH.

THANK YOU.

I'LL OPEN THE PUBLIC.

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

THANK YOU.

I'LL CLOSE THE PUBLIC HEARING DEFINED DISCUSSION OF THE COMMISSION.

I MOVE, WE APPROVE THE PRELIMINARY REPLAT, UH, SUBJECT TO ADDITIONS AND OR ALTERATIONS TO THE ENGINEERING PLAN AS REQUIRED BY THE ENGINEERING DEPARTMENT AND THE REVISED SITE PLAN AS SUBMITTED.

THANK YOU.

DO I HAVE IT? SECOND , YOU'RE ACTING VERY TENTATIVE THIS EVENING.

MR. LYLE , SOMEBODY SLAP YOU ON THE HAND.

I SEE.

ALL RIGHT.

VERY WELL.

WE HAVE A MOTION BY COMMISSIONER BROSKY FOR THE SECOND BY COMMISSIONER LYLE TO APPROVE ITEM TWO.

PLEASE VOTE.

AND THAT ITEM CARRIES SIX TO ZERO NON-PUBLIC HEARING ITEMS, NON-PUBLIC HEARING ITEMS. THE PRESIDING OFFICER WILL PERMIT LIMITED PUBLIC COMMENT FOR ITEMS ON THE AGENDA NOT POSTED FOR A PUBLIC HEARING.

THE 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

[3. (CS) Discussion and Direction: Expressway Corridor Environmental Health Map and Guidelines. Project #DI2023-008. Applicant: City of Plano]

ITEM NUMBER THREE, DISCUSSION AND DIRECTION EXPRESSWAY CORRIDOR, ENVIRONMENTAL HEALTH MAP AND GUIDELINES.

APPLICANT IS CITY OF PLANO.

GOOD EVENING COMMISSIONERS.

CHRISTINA SEBASTIAN, LAND RECORDS PLANNING MANAGER AT THE PREVIOUS C COMMISSION MEETING.

THE COMMISSION HAD SOME QUESTIONS REGARDING THE EXPRESSWAY CORRIDOR ENVIRONMENTAL HEALTH MAP AND GUIDELINES.

WE'LL FREQUENTLY RECUR, REFER TO IT AS MAP THIS EVENING.

UM, SO WE JUST WANTED TO GIVE YOU SOME HISTORY ON THE MAP ON HOW IT CAME TO BE AND GET SOME DIRECTION ON WHERE WE MIGHT GO AS WE MOVE FORWARD WITH POTENTIAL UPDATES.

SO, FOR SOME GENERAL BACKGROUND, UM, PLANO HAS LONG-STANDING POLICIES FOR EXPRESSWAY ORDERS TO RESTRICT RESIDENTIAL DEVELOPMENT AND PROMOTE NON-RESIDENTIAL DEVELOPMENT.

THIS HAS THE BENEFIT OF SEPARATING RESIDENTIAL USES FROM IMPACTS OF MAJOR ROADWAYS, AND IT PRESERVES LAND FOR COMMERCIAL DEVELOPMENT.

IN, UM, 1997,

[00:15:02]

THESE POLICIES WERE ALSO A ADOPTED BY ALAN FRISCO MCKINNEY AND THE COLONY.

HOWEVER, IN PLANO, UM, WE, WE EXPANDED THOSE POLICIES TO ALL OF OUR EXPRESSWAY DOWN THE ROAD.

UM, BUT THAT 1200 FOOT EVERY EVERY PO PROPERTY IS TREATED THE SAME POLICY CREATED SOME CHALLENGES AS THERE WERE SOME DISCRETION FOR COUNSEL TO REDUCE THAT SEP THAT DISTANCE AND CONSIDER THINGS LIKE TOPOGRAPHY AND CREEKS, UH, VEGETATION.

UM, SO THIS RESULTED IN INCONSISTENT APPLICATION OF THE STANDARD.

SO TO PROVIDE MORE INFORMED, KIND DATA BASED POLICY.

UM, THE, THE PLANNING DEPARTMENT CONTRACTED WITH HARRIS MILLER, MILLER AND HANSEN, OR H M M H, AND PRODUCED A STUDY IN 2019.

THERE WERE A NUMBER OF MEETINGS BEFORE THE PLANNING AND ZONING COMMISSION, AND THEN, UH, RESULTING CITY COUNCIL ADOPTION IN OCTOBER OF THAT YEAR.

SO THE PURPOSE OF THE STUDY WAS TO PROTECT OUR COMMUNITY FROM THE EFFECTS OF NOISE AND AIR POLLUTION CAUSED BY PROXIMITY TO EXPRESSWAY.

UH, THE STUDIES SHOW THAT EVERYONE IS AFFECTED BY NOISE AND AIR POLLUTION, PARTICULARLY WHEN SLEEPING AT NIGHT.

UH, TRAFFIC RELATED NOISE POLLUTION IS ASSOCIATED WITH HEART DISEASE, DIABETES AND HYPERTENSION.

AIR POLLUTION IS ASSOCIATED WITH ASTHMA, HEART DISEASE, AND PREGNANCY RELATED ISSUES.

BOTH OF THESE WITH MANY OTHER POTENTIAL SYMPTOMS AS WELL.

UM, IMPORTANTLY, PLATO'S MOST VULNERABLE POPULATION CHILDREN, SENIORS AND ADULTS WITH UNDERLYING HEALTH ISSUES ARE ADDING ELEVATED RISK.

SO THESE ARE THE TYPES OF PEOPLE WE WERE LOOKING AT AS WE DEVELOPED WHAT SENSITIVE LAND USES THIS WOULD APPLY TO WHERE PEOPLE SLEEP, WHERE CHILDREN AND SENIORS ARE MORE LIKELY TO SPEND TIME.

SO TRAFFIC NOISE IS REALLY CREATED BY THE FRICTION OF TIRES ON THE ROADWAY.

UM, BUT IT IS IMPACTED BY VEHICLE SPEEDS, VOLUMES, AND, UM, PARTICULARLY TRUCK VOLUMES.

THERE ARE A NUMBER OF AGENCIES THAT HAVE ESTABLISHED NOISE STANDARDS, UM, INCLUDING THE ENVIRONMENTAL PROTECTION AGENCY, THE FEDERAL HIGHWAY ADMINISTRATION, AND THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

AS HUD HAS, UH, SIMILAR GOALS TO THE CITY TO, UM, PROVIDE PROTECTION TO TO RESIDENTS, ESSENTIALLY, UM, THE, THE GOALS THAT WE ENDED UP USING FOR THIS STUDY AND FOR THE POLICY, UM, ARE ALIGNED WITH HUD'S HUD'S GOALS.

SO, AIR POLLUTION IS A BIT MORE COMPLEX THAN NOISE POLLUTION.

UM, AIR POLLUTION IS A REGIONAL ISSUE.

UM, IT HAS VARIOUS POLLUTANTS AND VARIOUS POLLUTANTS SOURCES.

UH, THERE'S MULTIPLE BURIALS VARIABLES THAT EXPECT AFFECT EXPOSURE, UH, WIND DIRECTION, SEASON AND TIME OF DAY, TOPOGRAPHY AND BUILDINGS.

AND FOR, IN REGARDS TO VEHICLES, THE TYPES OF VEHICLES IN THE AREA, UM, EACH POLLUTANT DISPERSES DIFFERENTLY AS WELL.

SO, UM, IT'S THE ONE, ONE STANDARD FOR ONE, YOU'D HAVE TO ESTABLISH STANDARDS FOR A VARIETY OF DIFFERENT POLLUTANTS IN REGARDS TO DISPERSION.

UH, BUT STUDIES FIND THAT MOST TRAFFIC RELATED AIR POLLUTION DISPERSES WHEN WITHIN 350 TO 500 FEET OF THE ROADWAY.

UM, BUT THE STUDIES VARY IN THOSE, IN THOSE NUMBERS.

UM, AND THERE IS NO COMMONLY AGREED UPON STANDARD, UH, THAT JUST IN REGARDS TO DISTANCE FROM THE HIGHWAYS, THERE ARE ARE STANDARDS OUT THERE FOR VARIOUS POLLUTANTS.

BUT IN REGARDS TO LOCATING CLOSE TO POLLUTANT SOURCES, NO COMMONLY AGREED UPON STANDARDS AND NO FEDERAL STANDARDS.

SO NOISE AND AIR POLLUTION MITIGATION, UM, CAN BE ACCOMPLISHED, UM, WITH SOME OVERLAPPING METHODS.

SO OBVIOUSLY INCREASING DISTANCE FROM THE, THE POLLUTANT SOURCE OR THE ROADWAYS IN OUR CASE, UM, DOES HELP MITIGATE FOR BOTH NOISE AND AIR QUALITY.

UM, USING STRUCTURES TO FUNCTION AS A BARRIER CAN, CAN HELP AS WELL.

UM, ADJUSTING THE SITE DESIGN TO ORIENT THE OPEN SPACE KIND OF AWAY FROM THE EXPRESSWAYS MAY BE SHIELDED BY THE BUILDINGS.

UM, ENHANCING BUILDING DESIGN CAN HELP WITH BOTH NOISE AND AIR POLLUTION.

UM, BUT THERE ARE A FEW MITIGATION RECOMMENDATIONS THAT CAN REALLY JUST FOCUS ON AIR QUALITY.

SO ENHANCING THE INDOOR AIR QUALITY FILTRATION SYSTEMS AND RELOCATING THE BUILDING AIR INTAKE VET.

SO THEY'RE FURTHEST AWAY FROM THE EXPRESSWAY AS THEY CAN BE.

THESE ARE JUST A SAMPLE.

THERE MAY BE OTHER MITIGATION METHODS THAT, UM, CONSULTANT, UH, THE EXPERTS MAY, MAY COME UP WITH OR RECOMMEND.

UM, BUT THOSE ARE THE ONES THAT WE'VE SPECIFICALLY DISCUSSED.

SO WITH THIS BACKGROUND IN MIND, THE COUNCIL ADOPTED THE COMPREHENSIVE PLAN MAP IN 2019 WITH A

[00:20:01]

UM, THERE ARE TWO EH, HHA AREAS.

EHA ONE IS THE AREA KIND OF FURTHEST AWAY FROM THE EXPRESSWAY.

UH, SO THE NOISE LEVELS ARE GONNA BE BETWEEN 65 AND 75 DBA A IN THOSE AREAS.

AND IN EHA TWO, IT WOULD BE UP GREATER THAN GREATER THAN OR EQUAL TO 75 DBA LDN.

UM, SO THERE ARE A VARIETY OF SENSITIVE LAND USES, AND THE STANDARDS DIFFER BASED ON WHAT TYPE OF USE IS BEING PROPOSED.

SO FOR RESIDENTIAL AND INSTITUTIONAL DWELLINGS IN EHA ONE AND EHA SITE ANALYSIS IS REQUIRED, UH, FOR EHA TWO.

THOSE USES ARE GENERALLY CONSIDERED INAPPROPRIATE.

UM, BUT REDEVELOPMENT OF EXISTING SENSITIVE LAND USES MAY BE CONSIDERED WITH AN EHA SITE ANALYSIS, UH, FOR DAYCARES AND SCHOOLS AND PARKS, THERE ARE SOME SITE DESIGN STANDARDS THAT WERE PART OF A ASSOCIATED ZONING ORDINANCE UPDATE THAT THOSE USES ARE REQUIRED TO FOLLOW.

SO THE EHA SITE ANALYSIS, THIS IS THE DETAIL FROM THE, FROM THE PLAN.

UM, BUT IT SHOULD BE PREPARED BY, BY A RECOGNIZED EXPERT.

IT SHOULD INCLUDE NOISE LEVEL MEASUREMENTS FOR THE SITE.

UH, THOSE ARE USED TO, UM, VALIDATE THE MODEL FOR THE, THE SITE, THE, THE NOISE MODEL.

UM, IT SHOULD ESTIMATE EXISTING FUTURE AND PROJECTED NOISE AT BOTH GROUND LEVEL AND ALL PROPOSED FLOORS OF THE BUILDINGS, UH, SHOULD RECOMMEND APPROPRIATE MITIGATION OPTIONS AND ESTIMATE THOSE, THE NOISE LEVELS AFTER THOSE MITIGATION MEASURES HAVE BEEN IMPLEMENTED.

SO AT THE SAME TIME, CITY COUNCIL ADOPTED A, A NEW ACTION STATEMENT AS PART OF THE COMPREHENSIVE PLAN, UH, REDEVELOPMENT AND REGIONAL TRANSPORTATION CORRIDORS.

ACTION RTC THREE.

BASICALLY THIS SAYS TO IMPLEMENT THE POLICY AS TO PROVIDE PROTECTION, UM, AND IMPORTANTLY, UH, TO UPDATE THE MAP AND GUIDELINES EVERY FIVE YEARS, OR AS EX EXCHANGES IN EXPRESSWAY CORRIDOR CONDITIONS WEREN'T REASSESSMENT.

SO, SO FAR, UM, WE'VE HAD 44 CASES THAT COULD HAVE BEEN SUB SUBJECT TO THIS POLICY.

UM, IT'S IMPORTANT TO NOTE THAT THE, THE MAP WAS NOT IN EFFECT AS PART OF THE INTERIM COMPREHENSIVE PLAN.

SO THOSE CASES HAVE BEEN REMOVED FROM THESE NUMBERS.

UM, BUT THERE WERE FIVE ZONING CASES THAT WE'VE SEEN WITH E H A SITE ANALYSIS.

UH, ONE OF THOSE IS STILL UNDER CONSIDERATION.

AND THEN WE'VE HAD TWO CASES WHERE SENSITIVE LAND U WERE SPECIFICALLY LOCATED OUTSIDE THE E H A TO AVOID THE NEED FOR AN E H A SITE ANALYSIS.

AND AGAIN, WE HAVE, UH, ONE OF THOSE CASES IS UNDER REVIEW.

RIGHT NOW, AS I MENTIONED, THERE WAS AN ASSOCIATED ZONING ORDINANCE UPDATE.

UM, THIS WAS BECAUSE, YOU KNOW, WE REALLY WEREN'T STARTING WITH A COMPLETE BLANK SLATE.

UM, WE HAD SOME PROPERTIES THAT ALREADY HAD ZONING IN PLACE TO ALLOW SOME OF THESE, THESE USES.

SO WE WANTED TO PROVIDE SOME ADDITIONAL PROTECTION.

UM, EVEN IF THERE IS NO ZONING CHANGE REQUIRED, UH, THE AHA SITE ANALYSIS IS ONLY WHEN A ZONING CHANGE IS REQUIRED.

UM, SO THESE SITE DESIGN STANDARDS, UM, INCLUDE LOCATING THE, THE AIR INTAKE VENTS AWAY FROM THE EXPRESSWAY, PUTTING THE OPEN SPACE AWAY FROM THE EXPRESSWAY, UM, AND ENHANCED LANDSCAPE EDGES AS WELL.

AND THEN RECENTLY, JUST IN SUMMER OF LAST YEAR, UH, IN WORKING WITH H HM M H, THE STAFF PRODUCED A EHA SITE ANALYSIS CHECKLIST TO HELP ASSIST APPLICANTS AND STAFF IN PREPARING AND REVIEWING THE E HHA SITE ANALYSIS.

SO THAT IS, IS FAIRLY NEW STILL.

ALRIGHT, SO A COUPLE OF QUESTIONS THAT WE'VE RECEIVED FROM THE COMMISSION, UM, ARE, CAN WE REQUIRE SITE SPECIFIC ANALYSIS OF AIR POLLUTION, INCLUDING PARTICULATE MATTER READINGS? UH, SO THE STUDY HAS SOME MORE INFORMATION DETAILS ON THAT, BUT AS WE MENTIONED, 350 TO 500 FEET IS THE, IS THE GENERAL RANGE.

BUT ON THE MORE CONSERVATIVE SIDE, WE SAY IT WITHIN 300 FEET OF THE ROADWAY.

UM, I GUESS CONSERVATIVE, DEPENDING ON HOW YOU LOOK AT IT.

, UM, 300 FEET OF THE ROADWAY HAS THE POTENTIAL TO HAVE HIGHER LEVELS OF SOME POLLUTANTS.

UM, EHA TWO IS AN AVERAGE OF 240 FEET FROM THE HIGHWAY EDGE.

SO IT'S, IT'S NOT EXACTLY 300 OF COURSE, BUT IT, IT'S A CLOSE CONTOUR TO, TO MATCH THAT 300 FOOT DISTANCE.

UM, AND THEN MITIGATION METHODS, AS WE MENTIONED, GENERALLY OVERLAP FOR BOTH NOISE AND AIR POLLUTION.

THEN IT'S TWO EXCEPTIONS BEING THE, UH, NERVE, THE, OR THE AIR QUALITY FILTRATION AND THE LOCATION OF THE AIR INTAKE VENTS.

AND SO THOSE, UM, WERE CALLED ARE, ARE THINGS THAT SHOULD DEFINITELY BE CONSIDERED IN THE A A AREAS.

[00:25:01]

AND AGAIN, THOSE, THOSE NOISE READINGS ARE, ARE REALLY TO CALIBRATE THE NOISE MODEL AND MAKE SURE THAT IT IS WORK AS EXPECTED FOR THE SITE BASED ON THE READINGS THAT ARE BEING TAKEN.

SO IF THE COMMISSION DESIRES TO HAVE EHA SITE ANALYSIS, CONSIDER SITE-SPECIFIC AIR QUALITY READINGS, UM, WE, WE WOULD NEED TO UPDATE THE MAP AND USE A CONSULTANT TO HELP US CREATE THOSE, THOSE STANDARDS.

UM, WE WOULD, WE WOULD WANT TO WORK WITH THE COMMISSION TO HELP CON FIGURE OUT WHAT MAKES SENSE FOR DEVELOPMENT APPLICATIONS AS THEY COME IN.

UM, THAT COULD INCREASE COST AND COMPLEXITY AS OF THOSE APPLICATIONS.

AND WE MAY SEE THAT IT REDUCES THE NUMBER OF SENSITIVE LAND USES LOCATED WITHIN THE EHA.

UM, AND WITH THIS, UH, WOULD REQUIRE ADDITIONAL STAFF TRAINING OR RESOURCES TO REVIEW THOSE REPORTS AS, UM, AS WE ADD COMPLEXITY TO THEM.

UM, AND THINGS THAT THE PLANNERS ARE NOT TYPICALLY EXPERTS ON, LIKE AIR POLLUTION.

OH, ANOTHER QUESTION WAS CAN WE REQUIRE DIFFERENT MITIGATION AND STOP ENCOURAGING PARKING GARAGES ALONG THE EXPRESSWAY AS BUFFERS? UM, THE SHORT ANSWER IS YES, WE COULD.

UM, BUT AGAIN, WE WOULD NEED TO UPDATE THE MAP.

UM, SOUND BARRIERS CAN BE A VERY EFFECTIVE MITIGATION FOR BOTH NOISE AND AIR POLLUTION.

UM, BUT THOSE BARRIERS ARE TYPICALLY NOISE WALLS OR EARTH AND BERMS OR OTHER BUILDINGS.

UM, WE WOULD GENERALLY CONSIDER THAT NOISE WALLS AND EARTH AND BERMS MIGHT BE TO, TO BE EFFECTIVE, THEY NEED TO BE QUITE LARGE, UM, AND THEREFORE MIGHT BE UNSIGHTLY OR JUST IMPRACTICAL TO BUILD IN PLANO.

UM, SO OTHER BUILDINGS BECOME A, A MORE PRACTICAL OPTION.

UM, WE CAN DISCOURAGE PARKING GARAGES AS BUFFERS, BUT THAT WILL JUST CREATE ANOTHER LIMITATION ON THE LAND USES THAT CAN BE USED AT, AT THE SITE.

SO WHAT MERV STANDARDS ARE APPROPRIATE FOR AIR QUALITY FILTRATION? THAT'S MINIMUM EFFICIENCY REPORTING VALUES.

UM, SO THE MAP DOES NOT REQUIRE A MINIMUM NERVE RATING FOR AIR FILTRATION SYSTEMS. WE DO HAVE A MITIGATION OPTION EXAMPLE, UM, TO PROVIDE INDOOR AIR QUALITY FILTRATION SYSTEMS THAT REDUCE AT LEAST 90% OF PARTICULATE MATTER.

UM, IN THE, ACCORDING TO THE ENVIRONMENTAL PROTECTION AGENCY, 90% EFFICIENCY BEGINS TO OCCUR AROUND NERVE RATING OF 12.

UM, ALL PARTICLE SIDE SIZES MEET THAT 90% AT A MURDER RATING OF 16 OR WITH A HEPA HIGH EFFICIENCY FILTER.

UH, THE RECENTLY PUBLISHED CHECKLIST NOTES THAT A MINIMUM NERVE RATING OF 12 IS APPROPRIATE.

UM, BUT BECAUSE MAP THE, THE MAP DOES NOT REQUIRE A SPECIFIC MERV RATING, STAFF RELIES ON MITIGATION METH RECOMMENDATIONS FROM THE E HHA SIDE ANALYSIS FOR EACH CASE.

SO ANOTHER QUESTION WAS, UH, DOES THE WHITE NOISE OF HIGHWAYS ACTUALLY HELP TO DEADEN THE SOUND? UM, AND THERE'S SOME INFORMATION AGAIN IN THE REPORT ABOUT THAT, BUT THIS IS WHERE THE DAY NIGHT AVERAGE SOUND LEVEL OR L D N, UM, COMES INTO PLAY.

SO ROAD NOISES AT NIGHT IS OFTEN MORE INTERMITTENT THAN DAYTIME NOISE.

SO THE DISRUPTIONS FROM FROM ROADS CAN MAY ACTUALLY BE MORE OBVIOUS DURING THAN DURING THE DAY.

UM, AND SO THERE, THE L D N MEASUREMENT IS USED BECAUSE IT PROVIDES IT A 10 DECIBEL PENALTY TO NIGHTTIME NOISE BETWEEN 10:00 PM AND 7:00 AM.

SO WHAT ARE OTHER CITIES DOING? AS WE NOTED, UH, PLANOS POLICIES DATE BACK TO 1997, UH, ALAN FRISCO MCKINNEY AND THE COLONY BEGIN RESTRICTING DEVELOPMENT WITHIN 1200 FEET OF THE CENTER LINE OF STATE HIGHWAY 1 21.

WE HAVE, WE AT THIS TIME, WE'RE NOT AWARE OF WHAT STANDARDS THEY HAVE TO CONTINUE THAT, THOSE POLICIES.

UM, WE BELIEVE FRISCO MAY HAVE SOMETHING, BUT WE NEED TO DO SOME MORE RESEARCH TO, TO SAY DEFINITIVELY WHETHER THOSE ARE STILL IN PLACE AT THESE OTHER COMMUNITIES.

UM, FOR PLANO, THE EHA STUDY WAS A CLARIFICATION, AND IN MANY AREAS OF REDUCTION OF THAT 1200 FOOT STANDARD, UH, THERE ARE SOME EXAMPLES OF OTHER COMMUNITIES OUTSIDE TEXAS, UM, ON PAGES 36 TO 38 OF THE STUDY.

UM, AND IF IMPORTANTLY, AN UPDATE TO THE MAP WOULD, WOULD INCLUDE MORE COMPREHENSIVE EXAMPLES AND IN-DEPTH RESEARCH AND ANY CHANGES THAT ANY NEW POLICIES THAT OTHER COMMUNITIES HAVE HAVE ENACTED IN THE LAST FIVE YEARS.

SO, FOR DIRECTION FROM Y'ALL TONIGHT, UM, AN UPDATE TO THE MAP IS TIMELY.

IT'S BEEN ALMOST FIVE YEARS SINCE WE ADOPTED IT, UM, ESPECIALLY WHEN WE CONSIDER THAT IT, IT TOOK OVER

[00:30:01]

UM, SO THE COMPREHENSIVE PLAN MAP CALLS FOR UPDATING IT EVERY FIVE YEARS, AND WE WILL NEED A CONSULTANT EXPERIENCE IN THE FIELD OF AIR AND NOISE POLLUTION.

UM, IF THE COMMISSION DIRECTS, WE CAN ADD THIS TO YOUR WORK PROGRAM AND WE CAN BEGIN STEPS TO START A FUNDING REQUEST FOR AN UPDATE THROUGH THE BUDGET BUDGET PROCESS.

UM, IF THE COMMISSION DESIRES THAT THE CONSULTANT CONSIDER SITE SPECIFIC AIR QUALITY ANALYSIS IN THAT UPDATE, THAT'S HELPFUL TO KNOW SO THAT WE CAN PRODUCE THE RIGHT DOCUMENTS AS WE GO OUT TO, TO FIND THAT CONSULTANT.

UM, AND SO WITH THAT, OUR RECOMMENDATION IS JUST FOR THE COMMISSION TO PROVIDE ANY DIRECTION PERTAINING TO THE, THE MAP AND GUIDELINES.

AND I'M HERE FOR ANY QUESTIONS.

THANK YOU, CHRISTINA.

THAT WAS VERY THOROUGH.

UM, I WAS AROUND FOR A BIG CHUNK OF THAT, SO I REMEMBER, UH, ALL OF THOSE HEARINGS, UH, BEFORE PLANNING AND ZONING REGARDING THE, THE MAP.

UH, I SERVED ON P AND Z AND COUNSEL WHEN WE WERE MAKING DECISIONS BASED ON A 1200 FOOT BLER, AND IT WAS CONSTANTLY BEING OVERWRITTEN.

AND THAT'S MR. BRUNO'S POINT, IF YOU IGNORE A POLICY LONG ENOUGH, SO PRETTY SOON IT'S NO LONGER A POLICY.

AND THAT WAS WHAT WAS HAPPENING, AND IT MADE SENSE AT THE TIME TO, UM, TAKE A LOOK AT IT FROM AN ENVIRONMENTAL STANDPOINT.

SO I THINK WHAT WE'VE DONE SO FAR HAS BEEN AN EXCELLENT JOB OF, OF TRYING TO, UM, MANAGE KIND OF THE ENVIRONMENTAL ISSUES THAT COME WITH BEING ALONGSIDE A A CORRIDOR.

UH, I THINK IT'S INTERESTING THAT WE'RE STARTING TO HOW TO ASK QUESTIONS ABOUT ENVIRONMENTAL STUFF, UH, ABOUT FIVE YEARS, ALMOST AFTER WE, WE PASSED THE INITIAL ONE.

UM, IT'S INTERESTING, UH, THAT WE'RE SEEM TO BE FOCUSED NOW MORE ON THE PARTICULATES, AND I REMEMBER, UH, A CASE THAT CAME BEFORE US UP ON 1 21, AND I TH AND THIS IS WHY I WAS THINKING THAT WE ALREADY HAD SOME KIND OF GUIDELINE WHEN IT CAME TO PARTICULATES, IS BECAUSE THIS, THIS, UH, CASE, UM, IF I REMEMBER RIGHT, WAS DENIED PRIMARILY BECAUSE THERE WAS A CROSS 1 21, SEVERAL HUNDRED FEET AWAY.

THERE WAS A CEMENT PLANT, BUT THERE WERE MEASUREMENTS TAKEN IN THE AMOUNT OF CEMENT DUST IN THE AIR IN THAT AREA BASED ON A PARTICULATE COUNT WAS SO HIGH THAT THEY SAID, WE KNOW THAT THERE'S A BUFFER, BUT BECAUSE OF THIS COUNT WE'RE GONNA SAY THAT WE SHOULDN'T APPROVE THIS PROJECT.

SO THAT'S WHY I WAS VERY MUCH IN FAVOR OF SOME KIND OF, OF PARTICULATE MEASUREMENT.

UM, SO I, I, I THINK THAT, UH, IT IS WORTHWHILE FOR THE COMMISSION AND, AND OBVIOUSLY I WANT INPUT FROM THE REST OF THE COMMISSIONERS, UH, TO ASK STAFF TO GO AHEAD AND START THE PROCESS FOR A RE YOU KNOW, A REVIEW OF THE MAP.

UM, TO THE EXTENT WHETHER WE SHOULD CONSIDER THE PARTICULATES, UH, AS A, AS A MAJOR FACTOR.

UH, I DO HAVE CONCERNS ABOUT THE ABILITY TO ADEQUATELY MEASURE IT, BECAUSE WITH NOISE, YOU HAVE A DAYTIME AND A NIGHTTIME, RIGHT? UM, THERE'S CHANGES OBVIOUSLY OVER TIME AS THE AMOUNT OF TRAFFIC ON A HIGHWAY INCREASES, WHICH HAS HAPPENED WITH, WITH GEORGE BUSH.

UH, SO OBVIOUSLY THERE'S A LOT MORE TRAFFIC THERE.

70 FIVE'S BEEN A PARKING LOT FOR A LONG TIME.

IT IS WHAT IT IS.

BUT ANYWAY, TRAFFIC PATTERNS CHANGE.

SO NOISE IS MAYBE CHANGED A LITTLE BIT, BUT PROBABLY NOT AS MUCH AS WE MIGHT HAVE MIGHT EXPECT.

ON THE PARTICULAR SIDE THOUGH, I MEAN, HOW CAN YOU COUNT, TAKE INTO ACCOUNT ALL THE VARIABLES, RIGHT? WHAT KIND OF PARTICULAR IT IS? DID IT RAIN YESTERDAY OR NOT? IS THE WIND BLOWING OUT OF THE SOUTH OR THE NORTH? AND HOW FAST? SO I THINK IT WOULD BE VERY DIFFICULT TO COME UP WITH SOMETHING THAT REALLY DEALS CLOSELY, UM, OR SOMETHING THAT WOULD BE EASY TO USE AS A GUIDE OTHER THAN SOME KIND OF DISTANCE SEPARATOR THAT'S, THAT'S BEEN TALKED ABOUT ALREADY FOR OUTDOOR.

I DO THINK IT'S WORTHWHILE CONSIDERING THOUGH, WHAT ARE WE REQUIRING FOR INDOOR NOW WE'RE SAYING A MERV 12 IS WHAT'S BEEN RECOMMENDED.

UM, I DON'T KNOW IF THAT'S A REQUIREMENT OR A RECOMMENDATION OR EXACTLY HOW THAT'S WORDED.

I'D HAVE TO GO LOOK AT OUR, OUR STANDARDS, I GUESS.

UH, YOU MENTIONED 16 WAS, UH, WAS LIKE GUARANTEED 90% OF ALL PARTICULATES.

I'M JUST CURIOUS, WHAT DOES A HOSPITAL REQUIRE, RIGHT? THEY REQUIRE A MERV 16 FILTER, MEV 20, MERV, I DON'T KNOW.

AND I THINK ALL WE CAN DO REALLY IS IF, IF A DEVELOPMENT'S COMING FORWARD AND THEY'RE STICKING THEIR GREEN SPACE RIGHT NEXT TO THE FREEWAY, WELL THAT'S, I'M GONNA HAVE A PROBLEM WITH THAT.

TO THE EXTENT THEY'VE TRIED TO SEPARATE IT FROM THE FREEWAY.

OKAY, I'M GONNA GIVE 'EM SOME CREDIT FOR THAT.

BUT I'D BE REALLY MORE INTERESTED IN WHAT ARE THEY DOING TO PROMOTE INDOOR AIR QUALITY.

AND SO IF WE HAD MORE GUIDELINES ALONG, YOU KNOW, UH,

[00:35:01]

I JUST DON'T KNOW IF THERE'S ANY WAY WE CAN REALLY TRULY CAPTURE THAT MEASUREMENT AND KNOW THAT IT'LL REMAIN EVEN REMOTELY THE SAME FROM ONE DAY TO THE NEXT.

SO THOSE ARE MY THOUGHTS.

I, I DO THINK WE SHOULD START THE PROCESS OF, OF, UH, UPDATING THE MAP OVER THE NEXT YEAR.

IT, IT SHOULD BE A, A WORK PROGRAM.

IT WAS IMPORTANT ENOUGH THAT WE BROUGHT IT FORWARD.

SO I I WOULD AGREE WITH, UH, ADDING THAT TO OUR WORK PROGRAM.

UM, ANYONE ELSE LIKE TO MAKE A COMMENT, UH, MR. CAREY? YEAH.

UM, WELL, MY FIRST COMMENT IS, IS I, I LARGELY AGREE WITH EVERYTHING THAT THE CHAIRMAN SAID.

I THINK IT'S THE RIGHT DIRECTION.

SO I'M, YOU KNOW, I'M, I'M IN IN CONCERT WITH THAT.

I HAVE JUST A COUPLE QUESTIONS THOUGH, REALLY MORE THAN COMMENTS.

UM, DO WE KNOW, AND, AND MAYBE WE DON'T, DO BUILDINGS SERVE AS AN EFFECTIVE BARRIER TO POLLUTANTS? I UNDERSTAND THE SOUND BENEFIT, BUT I'M JUST CURIOUS WHAT WE KNOW ABOUT THE AIR QUALITY BENEFIT TO BUILDINGS, PARKING GARAGES, THINGS LIKE THAT.

DO YOU KNOW? OH, DO WE KNOW IN THE STUDY, THE, THE CONSULTANT NOTED THAT IT WAS A, A MITIGATION METHOD, BUT THE, TO THE EXTENT OF HOW EFFECTIVE IT REALLY IS, UH, WE, I I WOULD SAY WE DON'T REALLY KNOW THAT RIGHT OFF.

YEAH.

OKAY.

I WAS JUST, IT WAS A CURIOSITY AND, AND I JUST HAVE A COUPLE I THINK, OR QUICK QUESTIONS.

UM, HOW DOES PLANO AIR QUALITY COMPARE TO SURROUNDING COMMUNITIES, IF AT ALL? DO WE KNOW? I DON'T KNOW THAT WE, WE KNOW.

UM, I THINK THERE ARE, AS I, AS I MENTIONED, IT'S A, IT'S A REGIONAL MEASURE, AND THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS HAVE MANAGES AIR QUALITY CONSIDERATIONS FOR THE REGION.

THE, THE REGION IS A NON-ATTAINMENT ZONE FOR THE POLLUTANT OZONE.

UM, AND SO THERE'S A LOT OF EFFORTS TO IMPROVE AIR QUALITY DUE TO THAT, THE, THE EPA REG REGULATIONS FOR OZONE.

UM, SO IN GENERAL, YOU MIGHT FIND THAT IT IS FAIRLY SIMILAR, BUT WHETHER IT IS FOR SURE, UM, WE'D PROBABLY NEED SOMEONE MORE KNOWLEDGEABLE ABOUT THE, YEAH.

AND, AND THE REASON I ASK THAT IS BECAUSE IT KIND OF REALLY DOVETAILS INTO WHAT THE CHAIRMAN WAS SAYING, IS I THINK SOME OF THESE THINGS ARE HARD TO CHASE, AND I, AND I WONDER IF THE OVERALL AIR QUALITY IS FAIRLY SIMILAR ACROSS, YOU KNOW, THE CITIES.

AND THEN MY, MY FINAL QUESTION IS THIS, YOU KNOW, WE'RE TALKING A LOT ABOUT AIR QUALITY, AND AS WE LOOK AT THIS MAP, WE'RE TALKING A LOT ABOUT AIR QUALITY AND WHAT WE SHOULD AND SHOULDN'T PERMIT TO BE BUILT AROUND SOME OF THESE CR EXPRESSWAY QUARTERS, UM, DUE TO NOISE AND ESPECIALLY POLLUTANTS.

BUT I WONDER, AS OUR OTHER STREETS GET INCREASINGLY BUSY, AND I'LL GIVE YOU A COUPLE EXAMPLES, HOW, HOW IS THE POLLUTION THERE AND WHAT, IF ANY, CONSIDERATION SHOULD BE MADE THERE? FOR INSTANCE, PRESTON ROAD OR PARK, I MEAN, A LOT OF THESE STREETS ARE VERY, VERY BUSY WITH IDLING CARS, PEOPLE, CARS SITTING AT STOPLIGHTS.

AND I, I, AND I JUST WONDER AS WE LOOK AT THIS BEYOND THE EXPRESSWAY CORRIDORS, AND, YOU KNOW, WE MAY, MY SOLUTION HERE MAY BE THE, THE DOG THAT CATCHES THE BUS.

NOW WHAT DO WE DO WITH THIS? BUT, BUT, UM, YOU KNOW, SHOULD WE CONSIDER OTHER PLACES WHERE IF, IF WE'RE GONNA BE FOCUSED, ESPECIALLY AROUND POLLUTANTS, WHERE IT'S LIKELY THAT SOME OF THESE OTHER, UM, STREETS ARE FAIRLY POLLUTED COMPARED TO MAYBE THE EXPRESSWAY? I DON'T KNOW.

AND SO I GUESS MY QUESTION IS, HAVE WE LOOKED AT THAT AT ALL? AND I GUESS MAYBE, SHOULD WE, I SAY ADD THAT TO THE LIST OF ITEMS THAT WE MIGHT CONSIDER HAVING THE CONSULTANT EVALUATE AS PRESTON AND PARK, OR PLACES WHERE WE HAVE A LOT OF TRAFFIC? UH, AGAIN, NOT SURE HOW MUCH WE CAN DO.

YEAH, I MEAN, THEY'RE USUALLY, THE NEIGHBORHOODS ARE SET WELL BACK FROM THAT.

BUT IT MIGHT BE INTERESTING TO KNOW IF FOR NO OTHER REASON THAN A BASELINE FOR FUTURE REFERENCE.

YEAH, I, THAT, THAT'S, THAT'S MY POINT.

AND, AND ALSO INCREASINGLY, YOU KNOW, WE'RE TALKING ABOUT ADDING MORE RESIDENCES IN SOME OF THESE AREAS THAT, THAT ARE THE FOUR CORNERS WHERE TODAY MAYBE THINGS ARE SET BACK.

BUT, YOU KNOW, SO THAT THAT'S CORRECT.

THE, YEAH, THAT'S THE REASON FOR MY QUESTION.

EXCELLENT.

MR. BRUNO, YOU WERE NEXT? I TURNED ON THE MICROPHONE.

YES, YOU DID.

UM, I ALSO AGREE THAT WE SHOULD GO AHEAD AND, UM, UH, MOVE TOWARD UPDATING THE ENVIRONMENTAL HEALTH MAP, BUT I ALSO THINK IT SHOULD INCLUDE CONSIDERATION OF AIR, UH, OF AIR QUALITY FACTORS, AND SPECIFICALLY WHEN AND UNDER AT WHAT LEVELS MITIGATION MIGHT BE REQUIRED, AND WHAT WOULD CONSTITUTE SATISFACTORY MITIGATION AS WE ARE NOW CONSIDERING.

WITH REGARD TO NOISE ISSUES.

UM, THE EHA ONE AND EHA TWO ZONES ARE DEFINED

[00:40:01]

AND THEY TALK ABOUT, UM, WHETHER OR NOT HOUSING MAY BE APPROPRIATE OR IS APPROPRIATE IN EITHER OF THESE AREAS IF SATISFACTORY MITIGATION IS ACHIEVED.

AND THERE IS A STANDARD FOR DETERMINING SATISFACTORY MITIGATION.

IT'S STATED IN TERMS OF DECIBELS.

WE HAVE NO SUCH STANDARD IN EVALUATING, UH, AIR POLLUTION.

I THINK IT'S CRITICAL THAT WE HAVE TO HAVE SOMETHING TO GO ON IN THE WAY OF A STANDARD.

UH, FIRST OF ALL, IT'S LEGAL.

IF WE TURN DOWN SOMEBODY BECAUSE WE THINK THE PARTICULATE LEVELS ARE TOO HIGH, AND WE DON'T HAVE A STANDARD TO MEASURE WHAT IS A, UH, TRIGGERING LEVEL OF PARTICULATES, UH, WE MAY NOT BE ABLE TO UPHOLD OUR DECISION, UM, IN THE EVENT OF A LAWSUIT.

THE OTHER FACTOR I'M THINKING COMES FROM MY PERSONAL BACKGROUND.

AS YOU ALL KNOW, I SPENT 15 YEARS AS AN ADMINISTRATIVE LAW JUDGE FOR THE SOCIAL SECURITY ADMINISTRATION DECIDING DISABILITY CLAIMS. WE HAD A LARGE NUMBER OF CLAIMANTS COME BEFORE US WHO HAD PULMONARY DISORDERS, UM, ASTHMA, C O P D, UM, AND OTHER PULMONARY DISORDERS.

UM, OUR ISSUE IN THAT CONTEXT WAS DECIDING WHETHER THE CLAIMANT COULD WORK.

AND WHEN IN THE CASE OF SOMEONE WITH, UH, PULMONARY DISORDER, WE WERE LOOKING AT THE TECHNICAL SPIROMETRY, MEDICAL REPORTS, YOU KNOW, MEASURING THEIR BREATHING FUNCTIONING.

UM, WE HAD TO CONSIDER WHETHER THERE WERE JOBS THAT THEY COULD PERFORM THAT DID NOT INVOLVE EXPOSURE TO PULMONARY IRRITANTS, SUCH AS DUST, FUMES, AND SMOKE.

AND, AND THAT MEANS PARTICULATES.

UH, UM, THE REASON BEING THAT EXPOSURE TO THOSE KINDS OF PULMONARY IRRITANTS CAN EXACERBATE ASTHMA, C O P D EMPHYSEMA.

SO IF WE GO ON A BUILDING SPREE AND APPROVE RESIDENTIAL PROPERTIES WITHIN, YOU KNOW, A A CERTAIN PROXIMITY TO A HIGHWAY, WE MAY BE EXPOSING THE RESIDENTS OF THOSE PROJECTS TO, UH, SIGNIFICANT HEALTH ISSUES.

NOW, THIS IS NOT A NEW CONSIDERATION FOR US.

UH, THE, IT'S ALREADY BEEN POINTED OUT IN OUR MATERIALS THAT, UH, UH, THERE IS A HEALTH ISSUE WITH REGARD TO NOISE, NAMELY, UH, DISTURBING SLEEP PATTERNS.

AND I'M SAYING THERE'S ALSO A HEALTH ISSUE WITH REGARD TO PARTICULATES, AND THAT IS WITH THE PEOPLE, WITH, WITH, UH, WITH PULMONARY HEALTH ISSUES THAT COULD BE MADE VERY SERIOUS.

I RECALL SOME DECADES AGO, THERE WAS A FEDERAL DISTRICT JUDGE IN DALLAS WHO DIED FROM AN ASTHMA ATTACK, SUFFERED ON AN AIRPLANE IN FLIGHT.

SO I DON'T THINK THIS IS SOMETHING WE, WE CAN CAVALIER SLOUGH UP.

I THINK WE HAVE TO COME UP WITH SOMETHING TO GO ON TO DETERMINE WHETHER OR NOT MITIGATION SHOULD BE REQUIRED FROM A, FROM A, A POLLUTION STANDPOINT, AND WHAT WOULD CONSTITUTE A SATISFACTORY LEVEL OF, UH, MITIGATION.

DOES IT MAKE SENSE TO YOU THAT THE, FROM A MITIGATION STANDPOINT, THERE'S TWO DIFFERENT THINGS AT PLAY.

ONE IS INTERIOR, ONE OF HIS EXTERIOR.

YES.

CERTAIN INTERIOR IS MUCH EASIER TO MITIGATE THAN EXTERIOR.

AND ON A RECENT CASE, UH, I THINK IT WAS YOU THAT BROUGHT UP THE POINT THAT YES, THERE'S A DOG PARK, IT'S NEAR THE HIGHWAY YEAH.

ET CETERA, BUT NO ONE'S GONNA SPEND HOURS THERE.

UH, UNLIKELY.

YEAH.

SO THE SAME KIND OF APPROACH I THINK WE WOULD TAKE WITH, YOU KNOW, CERTAINLY A CONSULTANT BE, AND, AND WE WOULD ALSO CONSIDER, YOU KNOW, WHAT MIGHT BE, UH, A, A COST EFFECTIVE AND PRACTICAL FROM THE STANDPOINT OF MITIGATION TECHNIQUES.

RIGHT.

OKAY.

THANK YOU, MR. BROSKY.

THANK YOU CHRIST CHRISTINA, FOR YOUR PRESENTATION.

UM, I FIND MYSELF IN A WEIRD POSITION, UH, NOT THAT I HAVE QUESTIONS, BUT IN A WEIRD POSITION THAT, UH, I'M, I'M GONNA BE, I'VE GOT A COUPLE QUE YOU HAVE QUESTIONS.

PUT IT ON, MIKE.

I, I HAVE QUESTIONS, BUT I DON'T, I FEEL LIKE I SHOULD BE ON THE OTHER SIDE OF THE QUESTIONS, BUT, SO LET'S BACK UP.

FIRST, UM, I HAD A CHANCE TO READ THE, UH, H M M H, UH, STUDY THAT WE'VE CITED IN THE COMPREHENSIVE PLAN THAT YOU'VE TALKED ABOUT.

UM, CAN YOU GO BACK TO SLIDE 23? NO, NO.

SHE'S GOT SLIDE 23.

YEAH, RIGHT THERE.

UM, WHEN WE ARE JUDGING THE SOUND POLLUTION, UM, WE'RE JUDGING IT FROM THE OUTSIDE, CORRECT? THE, THE RIGHT, THE, THE GOAL AND THE MODELS ARE BASED ON OUTDOOR NOISE.

UH, BUT WE'RE CONCERNED WITH THE INDOOR, WITH WHAT PEOPLE ARE ABLE TO SLEEP WITH.

UH, IN YOUR PRESENTATION, UH, IN THE H M M H STUDY, UH, ON PAGE 24, SECTION 4.3 0.3 TITLED NOISE AND

[00:45:01]

AND UNDER THAT IT INCLUDES ENHANCED BUILDING DESIGNS, IMPROVED WINDOWS, DOORS, AND WALL MATERIALS AND OR DESIGNS TO ACHIEVE INTERIOR NOISE LEVEL GOALS.

HOW CAN SOMEONE USE THAT WHEN WE'RE JUDGING THEM BASED ON THE EXTERIOR NOISE? WE HAVE AN INTERIOR, HAVE AN INTERIOR 45.

YES.

WE ACTUALLY DO NOT, PART OF THE POLICY DOES NOT DIRECTLY INCLUDE THE INTERIOR GOLD THAT HUD HAS OF 45.

CORRECT.

AND SO THAT HAS CAUSED SOME CONFUSION OVER THE YEARS AND MAYBE SOMETHING THAT WOULD BE GOOD TO INCLUDE AS PART OF OUR UPDATE.

BUT WE'VE HEARD, WE'VE HAD THAT DISCUSSION, I THINK MULTIPLE TIMES WITH PROJECTS.

AND MAYBE IT'S BECAUSE THE DEVELOPER'S BRINGING UP THEIR MITIGATION IS MEETING THE HUD STANDARDS OF 45.

NO.

SO IT'S, OUR, OUR, OUR ORDINANCE DOES NOT SPECIFICALLY SPELL THAT OUT AT 45.

IT JUST SAYS, MEET HUD STANDARDS.

CORRECT.

IT, IT SAYS TO MEET THE 65.

WE DON'T ON THE EXTERIOR, RIGHT? CORRECT.

THERE'S, THERE'S NO METH, NO MENTION OF INTERIOR.

ALTHOUGH THE H M M H STUDY DOES REFERENCE, UH, THE CITY OF VANCOUVER, AS WELL AS THE TOWN OF GILBERT IN ARIZONA, THAT DO IN FACT USE THOSE NUMBERS, UH, IN ADDRESSING INTERIOR NOISE LEVELS, CORRECT? MM-HMM.

MM-HMM.

.

THAT'S CORRECT.

YEAH.

AND THAT'S, UM, YEAH, IN SECTION 7.2 0.2, HIGHWAY NOISE OVERLAY DISTRICTS, AND THEN THEY GO THROUGH THE INTERIOR NOISE STANDARDS.

AND SO MY QUESTION IS, UH, HOW IS A DEVELOPER TO USE THE ENHANCED DESIGNS SUCH AS WINDOWS, DOORS, AND WALLS, WHEN WE'RE NOT GONNA LET THEM USE THEM TO MITIGATE THE NOISE? WELL, ONE, ONE POINT ON THE, THE INTERIOR AND EXTERIOR DIFFERENCE, THE H HM.

M H, AND I APOLOGIZE, I DON'T KNOW FOR SURE THAT IT IS HOW IT IS WRITTEN IF IT'S WRITTEN IN THE REPORT, BUT THEY, THEY TOLD US AS THEY WERE DOING THIS STUDY THAT STANDARD BUILDING MATERIALS WILL TYPICALLY DECREASE THE NOISE LEVELS ABOUT 20 DECIBELS.

SO THAT'S 65, THAT'S OUTDOOR FOR STANDARD WILL BECOME A 45 INDOOR.

BUT AGAIN, THE CITY DID NOT ADOPT THAT POLICY, UM, AS EXPLICITLY, AND AGAIN, THAT MAY BE SOMETHING THAT WE SHOULD BE DOING IN THE UPDATE.