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[00:00:08]

THANK YOU FOR BEING HERE

[CALL TO ORDER]

TONIGHT.

APPRECIATE YOU JOINING US, UH, THIS EVENING FOR THE REGULARLY SCHEDULED PLANNING AND ZONING MEETING.

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

[COMMENTS OF PUBLIC INTEREST]

INTEREST.

THIS PORTION OF THE MEETING IS TO ALLOW UP TO THREE MINUTES PER SPEAKER WITH 30 TOTAL MINUTES ON 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.

THE PRESIDING OFFICER MAY MODIFY THESE TIMES AS DEEMED NECESSARY.

UH, DO WE HAVE ANY SPEAKERS ON THIS ITEM? YES, WE DO.

WE HAVE PAUL CROCKER.

MR. CROCKER, THANK YOU FOR BEING HERE.

SIR, PLEASE GIVE US YOUR NAME AND ADDRESS PLEASE.

PAUL CROCKER, 43 0 5 SPRINGHURST PLANO, 75,074.

THANK YOU.

I'D LIKE TO PROPOSE TO EITHER BUILD BACK BETTER OR MAKE PLANO EAST GREAT AGAIN.

I'M SORRY.

UM, MY ISSUE RIGHT NOW IS MORE LIQUOR STORES MASSAGE PARLORS, DISPENSARIES THAN WE HAVE SCHOOL TEACHERS, WHICH IS THAT EVERY CORNER IS TURNED INTO SOMETHING THAT I'M NOT PROUD OF AND I GRADUATED FROM PU EAST HIGH SCHOOL AND I WOULD LIKE TO SEE IT BE GREAT AGAIN.

OKAY.

THAT'S IT.

OH, THANK.

THANK YOU.

THANK YOU FOR COMING.

CONSENT.

THAT'S ALL FOR PUBLIC COMMENT.

OKAY.

CONSENT AGENDA.

[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 CONSENT? SPEAKER, WRONG BUTTON AGAIN.

HERE YOU GO.

I'D LIKE TO MAKE A MOTION FOR APPROVAL AS PRESENTED.

SECOND.

I DECIDED NOT TO VOTE.

SECOND.

NO, NO, NO.

OKAY.

SO WE HAVE A MOTION TO APPROVE CONSENT AGENDA AND A, UH, BY MR. VILE WITH THE SECOND BY COMMISSIONER BROSKY.

PLEASE VOTE.

THAT ITEM CARRIES BY A VOTE.

WAIT A MINUTE.

SOMEBODY'S MISSING.

WE'RE MISSING .

YEAH, WE'RE SHORT ONE HERE.

OKAY.

HAND VOTE PLEASE.

THAT ITEM CARRIES SEVEN TO ZERO.

PLEASE NOTE THAT COMMISSIONER RATLIFF WAS UNAVAILABLE TO JOIN US THIS EVENING AND WE CAN MOVE ON BEFORE WE MOVE ON TO ITEM UH, ONE A AND B.

IS THERE ANYONE HERE SPECIFICALLY RELATED TO ITEMS TWO AND THREE? ANYBODY? TWO AND THREE.

OKAY, THEN WE WILL START WITH ONE A AND

[Items 1A & 1B]

ONE B.

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

APPLICANTS ARE LIMITED TO 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.

AGENDA ITEMS NUMBER, UH, ONE A AND ONE B WILL BE READ TOGETHER.

AGENDA ITEM NUMBER ONE, A ZONING CASE 2022 DASH 0 0 9.

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 ZONE

[00:05:01]

CORRIDOR COMMERCIAL, AND LOCATED WITHIN THE ONE 90 TOLLWAY PLANO PARKWAY OVERLAY DISTRICT.

PETITIONER IS ON LOCK PROPERTY OWNER L L C.

THIS IS FOR LEGISLATIVE CONSIDERATION.

PUBLIC HEARING CONCEPT PLAN IS ONE B FRIES ELECTRONIC EDITION BLOCK A LOTS ONE THROUGH 37 AND ONE X AND ONE AND EIGHT X AND BLOCK B LOT ONE 501 MID-RISE RESIDENTIAL UNITS.

33 SINGLE FAMILY RESIDENCE ATTACHED UNITS.

PROFESSIONAL GE GENERAL ADMINISTRATIVE OFFICE AND HOTEL ON 46 LOTS ON 16.5 ACRES LOCATED AT THE SOUTHWEST CORNER OF PLANO PARKWAY AND EXECUTIVE DRIVE ZONE CORRIDOR COMMERCIAL AND LOCATED WITHIN THE ONE 90 TOLLWAY PLANO PARKWAY OVERLAY DISTRICT.

AGAIN, THE APPLICANT IS ONL PROPERTY OWNER L L C.

THIS IS FOR ADMINISTRATIVE CONSIDERATION.

GOOD EVENING COMMISSIONERS.

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

THIS IS A REQUEST TO REZONE FROM CORRIDOR COMMERCIAL TO PLAN DEVELOPMENT CORRIDOR COMMERCIAL TO ALLOW MEN RESIDENTIAL AND SINGLE FAMILY RESIDENTIAL AS PERMITTED USES.

THE SUBJECT PROPERTY IS HIGHLIGHTED IN YELLOW.

A CONCEPT PLAN WAS SUBMITTED WITH THIS ZONING CASE.

THE CONCEPT PLAN CONSISTS OF FIRST OF TWO PHASES.

THE FIRST PHASE SHOWS THE PROPOSED MID-RISE RESIDENTIAL AT THE NOR NORTHEAST CORNER IN SINGLE FAMILY RESIDENCE ATTACHED IN THE MIDDLE, AS WELL AS A LANDSCAPE BERM ON THE SOUTH SIDE.

THE SECOND PHASE SHOWS THE ADDITION OF AN OFFICE, HOTEL AND PARKING GARAGE WITH THE REMAINING MID-RISE RESIDENTIAL UNITS AND ONLY A MINIMUM OF 70,000 SQUARE FEET OF NON-RESIDENTIAL DEVELOPMENT NEEDS TO BE CONSTRUCTED WITH PHASE TWO.

THE ZONING CASE WAS PREVIOUSLY HEARD BY THE COMMISSION ON MARCH 1ST, 2023.

THE COMMISSION TABLED THE CASE TO ALLOW THE APPLICANT TO ADDRESS CONCERNS RELATED TO PHASING AND NOISE MITIGATION STANDARDS.

THE APPLICANT HAS UPDATED THE PROPOSED PD STIPULATIONS AS SHOWN IN THE STAFF REPORT WITH A STRIKE THROUGH UNDERLYING VERSION OF THE CHANGES.

THE MAIN CHANGES INCLUDE A SETBACK FROM THE EXPRESSWAY, RESTRICTING BALCONIES WHERE NOISE LEVELS EXCEED 65 DPA UPDATED PHASING REQUIREMENTS AND USED RESTRICTIONS WITHIN PHASE ONE.

THE SUBJECT PROPERTY IS DESIGNATED EXPRESSWAY CORRIDORS ON THE FUTURE LAND USE MAP.

AS MENTIONED IN THE PREVIOUS MEETING, THE REQUEST MEETS SOME OF THE COMPREHENSIVE PLAN POLICIES, BUT NOT ALL OF THEM.

THE ONLY CHANGE FROM THE LAST MEETING WAS THE REQUEST NOW COMPLIES WITH THE TRANSIT ORIENTED DEVELOPMENT POLICY SINCE THE COMMISSION AND THE CITY COUNCIL PROVIDED DIRECTION THAT TRANSIT STATIONS LOCATED OUTSIDE OF PLANO MEET THIS POLICY.

AND THIS REQUEST IS STILL INCONSISTENT WITH THE REGIONAL WITH THE REDEVELOPMENT AND GROWTH MANAGEMENT POLICY.

AND THIS REQUEST WILL REQUIRE FINDINGS BY THE COMMISSION AND CITY COUNCIL.

AS MENTIONED IN THE PREVIOUS MEETING, THE APPLICANT IS PROPOSING 501 MID-RISE RESIDENTIAL UNITS.

THERE ARE SOME SIGNIFICANT CHALLENGES POSED BY THE MID-RISE RESIDENTIAL DEVELOPMENT WITHIN THE SUBJECT PROPERTY.

THE SURROUNDING ZONING MAY BE INCOMPATIBLE FOR RESIDENTIAL USES AND THE PROPERTY SHOULD BE RETAINED FOR FUTURE ECONOMIC DEVELOPMENT.

AND LASTLY, THERE ARE 2,638 MULTI-FAMILY UNITS IN THE GENERAL AREA YET TO BE DEVELOPED DUE TO THESE ISSUES.

MID-RISE RESIDENTIAL IS NOT AN APPROPRIATE LAND USE FOR THIS SITE.

NEXT, THE APPLICANT IS PROPOSING 33 SINGLE FAMILY RESIDENCE ATTACHED UNITS.

THE ADDITION OF THE SINGLE FAMILY RESIDENCE ATTACHED UNITS IS IN COMPLIANCE WITH THE COMPREHENSIVE PLANS MIX OF USES.

AS SHOWN ON THE SCREEN, THE PROPOSED UNITS ARE SITUATED BETWEEN TWO LARGE MULTI-FAMILY UNIT, UH BUILDINGS, A PARKING GARAGE, AND AN OFFICE BUILDING.

STAFF STILL HAS CONCERNS REGARDING THE PLACEMENT AND DESIGN OF THE UNITS AND THE USE IS NOT IN CONFORMANCE WITH SEVERAL SIGNIFICANT RECOMMENDATIONS OF THE COMPREHENSIVE PLAN.

THE CLOSEST START STATION IS THE BUS STATION ACROSS FROM STATE HIGHWAY ONE 90.

THERE ARE EXISTING PEDESTRIAN CONNECTIONS AND THE APPLICANT WILL BE PROPOSING A SIDEWALK ON THEIR PROPERTY.

ONE OF THE MAIN ISSUES WE DISCUSSED AT THE LAST MEETING WAS THE RESIDENTIAL USES IN PROXIMITY TO THE EXPRESSWAYS AND RELATED NOISE ISSUES.

THE APPLICANT HAS UPDATED THEIR ANALYSIS BASED ON DIRECTION FROM STAFF IN THE COMMISSION.

THE IMAGE SHOWN ON THE SCREEN IS PHASE ONE OF THE DEVELOPMENT, WHICH INCLUDES THE SINGLE, THE 33 SFA UNITS AND THE 260 MID-RISE UNITS.

[00:10:01]

BASED UPON THE UPDATED ANALYSIS FROM THE APPLICANT, THE MOST EFFECTIVE NOISE MITIGATION IS A MINIMUM SETBACK OF 300 FEET FROM STATE HIGHWAY ONE 90.

THE APPLICANT IS PROPOSING A 435 FOOT SETBACK AS SHOWN ON RED ON THE ATTACHED SLIDE FROM STATE HIGHWAY ONE 90.

HOWEVER, THERE ARE STILL LOCATIONS THAT EXCEED 65.

UM, D B A L D N.

THE ANALYSIS ALSO RECOMMENDS PLACING A 500 FOOT TEMPORARY LANDSCAPE BERM WITHIN THE FIRST PHASE, UH, SHOWN ON GREEN.

ALTHOUGH THE ANALYSIS, ALTHOUGH, ALTHOUGH AS SHOWN IN THE ANALYSIS, THE BER DOES NOT PROVIDE ANY NOISE REDUCTION FROM THE ELEVATED EXPRESSWAY FOR ADDITIONAL NOISE MITIGATION, THE PROPOSED ZONING STIPULATIONS INCLUDE REQUIREMENTS WHICH WOULD VERIFY THE INTERNAL NOISE STANDARDS ARE MET.

NEXT, THE IMAGE ON THE SCREEN SHOWS PHASE TWO, WHICH CONSISTS OF AN OFFICE BUILDING, A HOTEL AND A PARKING GARAGE AS SHOWN IN ORANGE ALONG WITH THE REMAINING MID-RISE UNITS.

IN PHASE TWO.

IT IS IMPORTANT TO NOTE THAT ONLY 70,000 SQUARE FEET OF NON-RESIDENTIAL DEVELOPMENT IS REQUIRED TO BE CONSTRUCTED WITHIN PHASE TWO.

THE EHA ANALYSIS SHOWS THAT NOISE LEVELS DO NOT CHANGE WITH THE ADDITION OF THE BUILDINGS.

OVERALL, THE APPLICANT HAS MADE IMPROVEMENTS TO THE MITIGATION REQUIREMENTS, BUT THE ZONING REQUEST IS NOT IN CONFORMANCE WITH THE EXPRESSWAY CORRIDOR ENVIRONMENTAL HEALTH MAP BECAUSE THE OUTDOOR NOISE LEVELS ARE NOT MITIGATED BELOW 65.

D B A L D N.

THE APPLE IS PROPOSING PD STIPULATIONS TO ALLOW FOR THE DEVELOPMENT OF THE RESIDENTIAL USES.

THE FIRST STIPULATION IS REGARDING TRACKS, WHICH IS REMAIN REMAINS UNCHANGED FROM THE PREVIOUS MEETING.

TRACK ONE IS ON THE NORTH SIDE OF EXECUTIVE DRIVE AND IN INCLUDES THE ALLOWANCE FOR THE MID-RISE RESIDENTIAL BUILT UNITS AND THE SINGLE FAMILY RESIDENCE ATTACHED UNITS.

TRACK TWO IS SOUTH OF EXECUTIVE DRIVE AND INCLUDES STANDARDS TO ACCOMMODATE A FUTURE HOTEL.

THE APPLICANT HAS UPDATED THEIR PHASING REQUIREMENTS.

THE FIRST PHASE REMAINS UNCHANGED, WHICH CONSISTS OF 260 MID-RISE RESIDENTIAL UNITS, THE REQUIRED OPEN SPACE AND 33 SINGLE FAMILY RESIDENCE ATTACHED UNITS.

PHASE TWO CONSISTS OF A CERTIFICATE OF OCCUPANCY FOR 70,000 SQUARE FEET OF NON-RESIDENTIAL UNITS WITH THE REMAINING MID-RISE RESIDENTIAL UNITS.

PREVIOUSLY ONLY A BUILDING PERMIT FOR THE NON-RESIDENTIAL WAS REQUIRED.

THE NON-RESIDENTIAL DEVELOPMENT COULD AT OCCUR WITHIN TRACK ONE OR TRACK TWO.

IF THE DEVELOPMENT IS CONSTRUCTED WITHIN TRACK TWO, A LARGE PORTION OF TRACK ONE WOULD REMAIN VACANT AND ANY USE WITHIN THE CORRIDOR COMMERCIAL ZONING DISTRICT COULD BE DEVELOPED.

SO THE APPLICANT HAS ADDED RESTRICTIONS WITHIN TRACK ONE TO ENSURE DEVELOPMENT WILL NOT IMPACT THE QUALITY OF LIFE FOR FUTURE RESIDENTS.

THE IS ALSO PROPOSING STANDARDS RELATING TO THE RESIDENTIAL DEVELOPMENT, INCLUDING NOISE LEVELS, MODIFIED SETBACKS, HEIGHT LIMITATIONS, AND ADDITIONAL RESTRICTIONS SUCH AS FLOOR AREA RATIO, UNIT SIZES, SCREENING, PARKING, AND OUTDOOR LIVING AREAS.

LASTLY, THE APPLICANT IS PROPOSING PD ADJUSTMENTS RELATED TO SETBACKS, LANDSCAPE EDGES AND DESIGN STANDARDS.

AND WE HAVE RECEIVED THREE RESPONSES WITHIN THE 200 FOOT BOUNDARY ALL WITHIN SUPPORT AND WE DID DID RECEIVE ONE DUPLICATE RESPONSE FOR A TOTAL OF FOUR RESPONSES.

AND THEN TOTAL CITYWIDE WE RECEIVED 25 RESPONSES.

NINE IN SUPPORT, 16 IN OPPOSITION.

WE DID RECEIVE FOUR DUPLICATE RESPONSES AND ONE RESPONSE OUTSIDE OF THE CITY OF PLANO FOR A TOTAL OF 29 RESPONSES.

AND TO SUMMARIZE, THE APPLICANT HAS MADE IMPROVEMENTS ON MITIGATION AND PHASING BASED UPON THE COMMISSION'S COMMENTS.

THE REQUEST WILL AID IN THE CITY'S GOAL OF REDEVELOPMENT IN THE US 75 CORRIDOR AND MEETS OTHER STANDARDS OF THE COMPREHENSIVE PLAN SUCH AS THE MIXED ABUSES, HOW OTHER OTHER POLICIES FOCUSED ON REDEVELOPMENT AND GROWTH MANAGEMENT ARE MORE CHALLENGED BY THIS PROPOSAL.

AS A RESULT, THE CURRENT ZONING SHOULD REMAIN UNCHANGED TO ALLOW FOR FUTURE ECONOMIC DEVELOPMENT OPPORTUNITY THAT ARE BETTER ALIGNED WITH THE LONG-TERM VISION OF THE COMMUNITY.

FOR THESE REASONS, STAFF IS NOT IN SUPPORT OF THIS ZONING REQUEST.

APPROVAL WILL REQUIRE FINDINGS DUE TO CONFLICTS WITH THE COMPREHENSIVE PLANS POLICY GUIDANCE FOR REDEVELOPMENT AND GROWTH MANAGEMENT AND THE CONCEPT PLAN, THE ZONING CASE AND THE CONCEPT

[00:15:01]

PLAN ARE BOTH RECOMMENDED FOR DENIAL.

AND THAT DOES CONCLUDE MY PRESENTATION AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU, MR. BURNOFF.

QUESTION FOR STAFF? YES.

THANK YOU MR. CHAIRMAN.

UM, DOES THE APPLICANT'S PROPOSAL GIVE US AN IDEA OF THE TIMEFRAME WHEN WE MIGHT EXPECT, UH, PHASE TWO TO BE BUILT NOT WITHIN THE PD STIPULATIONS.

THERE'S NO TIMEFRAME.

IS THERE ANY ANYTHING EITHER IN THEIR PRESENTATION OR IN OUR ORDINANCES, UH, THAT WOULD REQUIRE PHASE TWO TO BE BUILT? WE DON'T HAVE ANY REQUIREMENTS AT THE MOMENT, UM, BUT THE APPLICANT CAN SPEAK TO WHEN THEY PLAN ON COMING IN WITH PHASE TWO.

SO WHAT WOULD BE THE RESULT IF PHASE ONE WERE BUILT BUT PHASE TWO WERE NEVER BUILT? PHASE ONE WOULD JUST CONSIST OF THE 260 UNITS AT THE NORTHEAST CORNER IN THE 33 SINGLE FAMILY, UM, ATTACHED UNITS AND THE LANDSCAPE BURNS.

OKAY.

UM, WOULD IT BE POSSIBLE FOR YOU TO BRING UP THE, UM, EHA SITE ANALYSIS AS PART OF THE PACKET? UM, WOULD IT BE POSSIBLE FOR YOU TO BRING UP PAGE 75? I DON'T THINK I CAN PUT THE, IF YOU CAN FIND IT, IF YOU CAN'T, I UNDERSTAND.

BUT, UH, I CAN DESCRIBE IT.

PAGE 75 IS A PICTORIAL DRAWING ATTEMPTING TO CONVEY THE RESULTS OF A NOISE ANALYSIS BY REPRESENTING THE PROJECTED, UH, NOISE LEVELS ON THE EXTERIOR OF ALL SIDES OF THE PHASE ONE BUILDINGS.

THAT WOULD BE THE, THE RESIDENTIAL APARTMENT BUILDING IN THE NORTHEAST CORNER OF THE PROPERTY AND ALL OF THE SINGLE FAMILY ATTACHED DWELLINGS, UM, ALL THE WAY AROUND REPRESENTED BY COLORED DOTS.

OKAY.

AND IT ALSO SHOWS THE TEMPORARY BERMS IN PLACE TO THE SOUTH.

ALRIGHT.

IT DOES NOT SHOW ANY PROJECTED NOISE MEASUREMENTS IN THE 1.4 ACRE, SO-CALLED USABLE OPEN SPACE AREA, WHICH IS SORT OF BOUNDED ON THE NORTH AND THE EAST BY THE SINGLE FAMILY ATTACHED DWELLINGS.

ARE YOU AWARE OF ANY PROJECTED NOISE LEVEL CALCULATIONS OR MEASUREMENTS WITH RESPECT TO THE, UH, THE 1.4 ACRE USABLE OPEN SPACE AREA? I DON'T BELIEVE WE HAVE NOISE LEVELS FOR THAT AREA.

UM, MR. RBY, DO YOU KNOW OF NOISE LEVELS FOR THAT AREA? UM, NO.

SO OUR, UH, REQUIREMENTS FOR THE PROJECTIONS IS JUST, UM, TO PROVIDE A MEASUREMENT AT THE FACE OF THE BUILDINGS.

UM, BUT DUE TO THE LOCATION OF THAT, UM, THAT OUTDOOR AMENITY AREA, IT WOULD BE ASSUMED THAT IT WOULD BE EQUAL TO OR MORE IMPACTED THAN, UM, THE BUILDING FACES ADJACENT TO IT.

OKAY.

UM, COULD WE LEGITIMATELY CONCLUDE THAT THE NOISE LEVEL IN THE OPEN SPACE WOULD BE APPROXIMATELY THE SAME AS THAT ON THE SIDES OF THE SINGLE FAMILY ATTACHED BUILDINGS THAT ARE DIRECTLY FACING THE OPEN SPACE AREA? UH, SO I'M NOT A ACOUSTIC ENGINEER, BUT THAT DOES SOUND LIKE A REASONABLE ASSUMPTION TO ME.

OKAY.

THANK YOU.

COMMISSION MC CARE? YEAH, JUST A COUPLE REAL QUICK THINGS.

I JUST WANNA BE CLEAR THAT I THINK YOUR REPORT SHOWS THAT THE, UM, THE SIX FOOT BERM AND THE BUILDINGS TO BE BUILT LATER, UM, NONE OF THOSE REALLY AFFECT THE NOISE LEVEL CONCERNS HERE.

AM I CORRECT IN, IS THAT MY MEMORY, RIGHT? THAT IS CORRECT.

UM, THE, THE SECOND THING IS, IS I THINK ONE OF THE CHALLENGES FROM STAFF HERE WAS THAT THE, UH, IN, IN THE LAND USAGE CATEGORY, THAT THE, THIS WAS, UM, NORTH OF 50% OF THE LAND WOULD BE USED FOR RESIDENTIAL.

AND I THINK THAT, UM, VIOLATED OUR, UH, OUR CODE IN THAT REGARD.

RIGHT? THAT'S CORRECT.

OKAY.

THANK YOU COMMISSIONER TOM.

A COUPLE OF QUESTIONS.

FIRST ONE IS REGARDING THEIR MO IMPROVEMENTS ABOUT THE NOISE.

UM, THE E H A AREA, UM, I UNDERSTAND THEY MADE IMPROVEMENT, BUT THE IMPROVEMENT STILL DOES NOT, UH, MITIGATE THE, THE NOISE LEVEL.

DID YOU HAVE A CHANCE, DID THE APPLICANT HAVE A CHANCE TO WORK WITH THE, UH, STAFF TO, UM, YOU KNOW, DISCUSS THE IMPROVEMENT, WHETHER IT WOULD IMPACT THE NOISE LEVEL? YES, THEY DID SUBMIT AN UPDATED, UM, ANALYSIS AND THERE ARE AREAS THAT ARE STILL ABOVE 65 D B A.

UM, WE WORKED WITH THEM AND ASKED QUESTIONS AND I DON'T THINK THEY HAVE OPTIONS TO GET IT BELOW 65 DBA IS WHAT THEIR ACOUSTICAL ENGINEER WAS SAYING.

GOTCHA.

THE SECOND QUESTION IS REGARDING THE NUMBER OF UNITS

[00:20:01]

IN THE SURROUNDING AREA, THE 2000 SOMETHING I VAGUELY REMEMBER THAT WE MENTIONED THAT LAST TIME.

WERE, ARE THEY ALL FROM THE, UH, COLIN CREEK MALL DEVELOPMENT? DO YOU KNOW, DO YOU KNOW THE TIMEFRAME OF THAT DEVELOPMENT? WHEN WILL THOSE UNITS BE BUILT? YES, I BELIEVE IT INCLUDES COLLIN CREEK, HERITAGE, CREEKSIDE, A FEW OTHER AREAS RIGHT THERE.

AND THERE'S A VARIETY OF, UM, THERE'S DIFFERENT UNIT CALCULATIONS.

SO SOME RELATE TO, THERE'S A STUDY THAT SHOWS UNIT CALCULATIONS FOR A BROADER AREA, INCLUDING COLLIN CREEK.

UM, THE, I THINK THE SINGLE FAMILY UNITS OF COLLIN ARE ABOUT TO BE UNDER CONSTRUCTION, THE MULTI-FAMILY.

UH, WE DON'T HAVE A TIMEFRAME ON THOSE AT THE MOMENT.

OKAY.

THANK YOU.

COMMISSIONER BROSKY, THANK YOU FOR YOUR PRESENTATION TODAY.

YOU DID A GREAT JOB.

UM, SO MY FIRST QUESTION IS THE SOUND AND, UM, HOLD ON A SECOND.

SORRY.

THE STUDY THAT WAS, UH, INVOLVING SOUND AND, UM, THE EHA THAT WAS DONE BY THE SAME COMPANY THAT PROVIDED OUR 2019 STUDY, IS THAT CORRECT? YES.

OKAY.

UH, SECONDLY, UM, WE RECENTLY HAD A CONVERSATION, UH, ABOUT HEIGHT.

AND SO I SAW THE BERM IS SIX FEET TALL.

IS THAT CORRECT? YES.

IS THAT SIGNIFICANTLY SHORTER THAN, UH, THE HEIGHT OF THE HIGHWAY THERE? YES.

THEY STATED THAT THE BERM DOES NOT PROTECT FROM THE OVERHEAD NOISE LEVELS FROM THE HIGHWAY.

I'M MORE CONCERNED WITH THE PARTICULATE.

UM, WOULD THAT HAVE A SIGNIFICANT IMPACT ON THE PARTICULATE THAT, UH, ARE PUT OFF, UH, FROM A HIGHWAY THAT HIGH THAT WAS NOT TAKEN INTO CONSIDERATION WITHIN THE EHA ANALYSIS.

OKAY.

I THINK BASED ON OUR LAST DISCUSSION THOUGH, THEY'RE 400 AND SOME ODD FEET FROM THE HIGHWAY AND THEY SAID BEYOND CORRECT, 435 BEYOND 150, THE PARTICULAR LEVEL IS, IS LESS IMPACTFUL.

BUT NO, I I'M GLAD YOU MENTIONED THAT CUZ UH, I DO HAVE A COUPLE QUESTIONS ABOUT THE H M M H STUDY THAT WE HAD, UH, PROVIDED TO US IN, UM, THERE IT IS, UH, IN 2019, UH, UH, ON PAGE SIX OF THAT STUDY, UH, ERIC OR WHOMEVER, UH, WE REFERENCE, UH, THE PRODUCED BY THE SAME COMPANY WE REFERENCE THE, UM, CHILDREN'S HEALTH AND AM I RIGHT IN UNDERSTANDING THAT SAYS THAT, UH, THEY SUGGESTED A A THOUSAND FEET, UH, STRONGEST REDUCTION AFTER 300, BUT COULD HAVE IMPACT UP TO A THOUSAND? YES.

THAT IT INFORMATION IS REFERENCED IN THE STUDY.

OKAY.

UH, SECOND ONE IS THE SAN DIEGO STUDY, WHICH SAYS, UH, THE STUDY FOUND AN INCREASED MEDICAL VISIT OF CHILDREN LIVING WITHIN 550 FEET OF HEAVILY TRAFFICKED AREAS.

IS THAT CORRECT? YES, THAT IS WHEN THE, WITHIN THE STUDY AS WELL.

AND ONE MORE, UH, TALKING ABOUT ASTHMA.

ASTHMA, SORRY.

IT SAYS, UH, INCREASED CHILDREN'S ASTHMA HOSPITALIZATIONS ARE ASSOCIATED WITH LIVING WITHIN 650 FEET OF HEAVILY TRAFFICKED AND TRUCK VOLUME.

YES.

THAT'S ACCURATE.

WOULD WE SAY THAT, UH, THE GEORGE BUSH, UH, ROAD IS A HEAVILY TRAFFICKED AREA? YES.

THANK YOU.

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

THANK YOU, .

THAT SOUNDED LIKE A COURT DEPOSITION OR SOMETHING.

.

UM, I THINK MR. O WAS NEXT.

UH, JUST TWO QUESTIONS ON THE MIKE, COULD YOU TURN OFF HERE? OH, ON THE PARAGRAPH THAT SUGGESTED STAFF MADE RECOMMENDATIONS, UM, FOR MORE SOUND, UM, MITIGATION, UM, AND THE APPLICANT WAS NOT WILLING.

CAN YOU GIVE A LITTLE BIT MORE COLOR TO WHAT ARE RECOMMENDATIONS WHERE, HOW SIGNIFICANT THE MITIGATION WOULD HAVE BEEN IF THEY HAD, UM, TAKEN THAT UP AND WHAT THEIR OBJECTIONS WERE? WE RECOMMENDED INCREASING THE, UM, NON-RESIDENTIAL ON THE SOUTH SIDE TO BLOCK THE RESIDENTIAL USES OR REPOSITION THEIR PARKING GARAGES FOR THE RESIDENTIAL USES.

[00:25:01]

AND MY UNDERSTANDING IS THE APPLICANT SAID THAT INCLUDING THESE BUILDINGS WOULD HAVE NO IMPACT ON THE NOISE LEVELS.

SO IT'S THE APPLICANT'S, UM, ASSERTION, I DON'T HAVE ANY IMPACT, BUT STAFF'S ASSERTION IS THAT WOULD BRING THEM WITHIN THE 65 DBA OR I DON'T, I DON'T THINK THEY CONSIDERED THAT AS A PART OF THEIR NOISE SETTING.

WE DID DISCUSS THAT WITH THEM JUST LOOKING AT VARIOUS SITE DESIGN OPTIONS THAT MAY MITIGATE IMPACTS AND I THINK THAT WAS, UM, SOMETHING THEY JUST WEREN'T WILLING TO CONSIDER, OR MAYBE THEY DID CONSIDER IT AND JUST COULD NOT ACCOMMODATE IT.

UM, BUT THAT WOULD BE A GOOD QUESTION FOR THE, FOR THEM.

OKAY, THAT'S FAIR.

UM, ONE OTHER QUESTION ON THE WASTEWATER.

THE INCREASE IN SEWER DEMAND WITH THE PROPOSED LAND WILL PROMPT ADDITIONAL OF SIDE WASTEWATER IMPROVEMENTS AS THE PROPERTY DEVELOPED.

UH, WOULD THAT BE A BURDEN ON THE CITY OR ON THE APPLICANT? IT REALLY DEPENDS ON THE IMPROVEMENTS.

OKAY.

SO WE'LL NEED FURTHER STUDY AND DISCUSSION OF THE IMPACTS ONCE WE RECEIVE, UM, SOME UTILITY PLANS AND SOME ANALYSIS.

OKAY.

THANK YOU MR. LYLE.

I JUST WANTED TO POINT OUT FROM THE EH, A, A STUDY THAT WE WERE PRESENTED ON PAGE SIX WHERE MR. BROSKY WAS AT THE BOTTOM OF THE SECOND PARAGRAPH FROM THE BOTTOM.

THERE'S LANGUAGE THAT SAYS, DUE TO THE LIMITATIONS OF THE STUDIES AND THE DIFFICULTIES WITH STUDYING LONG-TERM AIR POLLUTION EXPOSURE, THEY COULD NOT FULLY CONCLUDE THAT TRAFFIC BASED AIR POLLUTION CAUSES ANY OF THE AFOREMENTIONED HEALTH HEALTH OUTCOMES.

OKAY.

THE NEXT THING I WOULD, OH, GO AHEAD.

SORRY.

POINT OR I, I'D LIKE TO ASK A QUESTION OF STAFF.

UM, I NOTICED ONE OF THE THINGS THAT DID NOT MEET WAS THE R REGIONAL TRANSPORTATION CORRIDOR, REDEVELOPED REGIONAL TRANSPORTATION CORRIDOR.

I SEE THIS AS A TRANSPORTATION CORRIDOR BECAUSE OF ITS PROXIMITY TO THE SILVER LINE AND THE RED LINE AND ITS PROXIMITY TO 75 IN GEORGE BUSH.

AND SO HOW DOES THIS NOT MEET THE RE THE, THE REDEVELOPMENT OF REGIONAL TRANSPORTATION CORRIDORS? I BELIEVE BECAUSE OF THE LAYOUT IN THAT IT DOES NOT PROVIDE ADEQUATE MITIGATION AND IT'S NOT SUITABLE FOR RESIDENTIAL USES.

UM, MR. HILL, PLEASE FEEL FREE TO ADD INFORMATION.

YES, THAT'S CORRECT.

AND I JUST HAD TO REFRESH MY MEMORY.

UM, BUT YES, THE REPORT DOES STATE THAT, UM, ALTHOUGH THERE IS NEEDED REINVESTMENT INTO THE PROPERTY, UM, WE ARE CONCERNED ABOUT THE LAYOUT AND THE MITIGATION REQUIREMENTS TO DO THE HEALTH IMPACTS.

UM, ALSO THERE'S OTHER ELEMENTS OF THE MIXED USE RECOMMENDATIONS IN THE COMPREHENSIVE PLAN THAT IT DOESN'T NEED.

SO WE'RE BACK TO THE ENVIRONMENTAL HEALTH ASPECT.

THAT'S WHY IT DOESN'T MEET.

YOU HAVE, I THINK TWO THINGS IS THE, THE REDEVELOPMENT AND GROWTH MANAGEMENT POLICIES THAT ARE REFERENCED IN OTHER PORTIONS AND ALSO THE ENVIRONMENTAL HEALTH.

SO THERE'S TWO ASPECTS NOTED THERE.

AND HOW DOES IT NOT MEET THE FIRST OF THE TWO RESIDENTIAL COMPONENT? I BELIEVE THAT'S WHAT YOU'RE REFERENCING.

THE SQUARE FOOTAGE.

THE SQUARE FOOTAGE.

ONE MORE QUESTION FOR STEPH.

HOW WAS THE 2200 FEET MEASURED FOR THE T O D? WHAT'S THE, UH, IT WAS A MEASUREMENT ALONG THE STREET, SO WE MEASURED IT FROM A POINT ON EXECUTIVE ALONG THE STREET, ACROSS THE FRONTAGE ROAD TO THE, THE CLOSEST POINT OF THE STATION.

SO YOU DIDN'T TAKE A DIRECT LINE FROM THE PROPERTY TO THE STATION? NO, NO.

IT WAS A, YOU MADE A ZIGZAG LINE.

IT WAS A TRANSIT, UH, DISTANCE.

SO AS SOMEONE WALKS ALONG THE STREET, THAT WAS THE DISTANCE THAT WE MEASURED.

AND IS THAT LAID OUT SOMEWHERE WITHIN OUR ZONING ORDINANCE THAT THAT'S THE WAY WE TAKE THE MEASUREMENT? NO, THAT'S, UM, THAT'S AGAIN, IT'S, THAT'S A POLICY THAT WE'RE REVIEWING THERE.

SO THAT'S THE WAY THAT WE'VE TAKEN THOSE MEASUREMENTS FOR THOSE POLICY SITUATIONS.

ARE THERE ANY OTHER THINGS IN OUR ZONING ORDINANCE OR CODE OF ORDINANCES THAT REQUIRE US TO TAKE A MEASUREMENT TO RESTRICT ORAL ALLEY USE? THERE, THERE ARE VARIOUS THINGS IN OUR ORDINANCES AND POLICIES THAT REQUIRE MEASUREMENTS.

YES.

AND HOW DO WE TAKE THOSE MEASUREMENTS? IT VARIES.

SOME OF THEM ARE ALONG STREETS.

SOME OF THEM ARE IN A DIRECT STRAIGHT LINE.

SO IT JUST DEPENDS ON THE SITUATION.

I'M FAMILIAR WITH ONE THAT'S A STRAIGHT LINE, BUT I'M NOT FAMILIAR WITH ONE THAT FOLLOWS A STREET.

CAN YOU GIVE ME THAT EXAMPLE? UH, I'D HAVE TO GO LOOK IN THE ORDINANCE, BUT I I COULD TAKE A LOOK FOR YOU.

I, I'VE SEEN IT FROM A POLICY ADMINISTRATION STANDPOINT BEFORE IS WHAT IS THE MOST LIKELY PATH THAT A PEDESTRIAN WOULD TAKE TO REACH, UM,

[00:30:01]

AN OBJECTIVE? IT'S BEEN USED BEFORE IN LOOKING AT DISTANCES FROM SCHOOLS.

HOW FAR WILL CHILDREN HAVE TO WALK IN ORDER TO GET TO A SCHOOL, FOR EXAMPLE MM-HMM.

, WHILE THEY'RE GONNA FOLLOW THE SIDEWALKS THAT ARE AVAILABLE.

THAT'S THE ANTICIPATION.

SO THERE'S AN ALCOHOL, I'M SORRY TO INTERRUPT YOU CHAIR.

THERE'S AN ALCOHOL DISTANCE THAT'S MEASURED ALONG STREETS AS WELL IN A WALKING PATH.

SO I JUST FEEL LIKE WE SHOULD BE CONSISTENT IN THE WAY THAT WE MEASURE IF WE'RE CREATING A RESTRICTION OR CREATING AN ALLOWANCE, I FEEL LIKE IT OUGHT TO BE CONSISTENT, NOT HAVE ONE METHOD FOR ONE AND ONE METHOD FOR ANOTHER.

ERIC, ON, WHEN IT COMES TO TDS, WHAT, IS THERE A TYPICAL RECOMMENDATION FOR DISTANCE FROM A RAIL STATION THAT IS TYPICALLY CONSIDERED T O D? IT'S DEFINED IN THE GO AHEAD.

YES.

I BELIEVE IT'S IN THE POLICY.

I THINK IT'S A HALF MILE OR A QUARTER MILE.

IT'S A HALF.

THANK YOU.

OKAY.

AND SO THIS IS WITHIN A HALF MILE, IT'S JUST NOT WITHIN THE QUARTER MILE BASED ON FOLLOWING THE SIDEWALKS? CORRECT.

AND THEN DO WE HAVE INFORMATION, UH, THAT'LL BE A QUESTION FOR THE APPLICANT? YES.

OKAY.

I'M SORRY, JUST TO CORRECT.

IT DOES SAY IT'S LOCATED WITHIN A QUARTER MILE OF THE STATION IN OUR REPORT AND, BUT THIS DEFINITION IS LOOKING AT, IT SAYS WITHIN A QUARTER MILE, BUT IT DOESN'T SAY WITHIN A QUARTER MILE BY, IT DOESN'T SAY WALKING THROUGH THE SIDEWALKS OR WHATEVER.

IT JUST SAYS WITHIN A QUARTER MILE.

BUT IT DOESN'T SAY, AND TYPICALLY WHEN, LIKE WHEN WE SEE THOSE MAPS, IT'S FROM A CENTRAL POINT IN A CIRCLE.

THERE, THERE IS A RADIUS RIGHT, THAT WE USE IN SOME INSTANCES.

AND WE MEASURE, WE HAVE MEASURED THESE IN THE PAST, IN OTHER SITUATIONS BY A WALKING PATH.

BUT THE, I I THINK THE, AS WE NOTED IN THE STAFF REPORT, THEY ARE CONSISTENT WITH THE T OD POLICY.

SO THAT IS SOMETHING THAT SUPPORTS THE REQUEST TONIGHT.

MM-HMM.

, NO FURTHER QUESTIONS AT THIS TIME, MR. BROSKI.

UH, SO I HAVE, UH, ONE QUESTION, BUT I'D LIKE TO, UH, I APPRECIATE MR. LYLE'S COMMENT ABOUT CONSISTENCY.

IT'S INTERESTING.

HE LEFT OUT THE SENTENCE IN, UH, THE H M M H STUDY JUST BEFORE THAT, THAT SAYS, UH, THE PANEL HAS CONCLUDED THAT LINKS EXIST BETWEEN EXPOSURE TO TRAFFIC BASED POLLUTIONS AND THE O ONSET OF CHILDHOOD ASTHMA, UH, NON, UH, ASTHMA, RESPIRATORY SYMPTOMS, IMPAIRED LUNG FUNCTION, CARDIOVASCULAR DISEASE, AND RELATED, SORRY, UH, FACUL IS THAT FACULTIES.

SO I APPRECIATE THE, UH, CONSISTENCY OF LET'S WRAP IN THE ENTIRE PARAGRAPH.

NO, BUT I WOULD SAY THAT THAT DOESN'T SAY, NO ONE GONNA ARGUE THAT THAT TYPE OF PARTICULAR MATTER COULD BE HAZARDOUS TO A CHILD, BUT THEY'VE GOTTA BE WITH FAST A THOUSAND FEET FOR IT NOT TO IMPACT THEM OR ONE 50.

I I I THINK THAT THAT'S THE PROBLEM WITH SOME OF THESE THINGS.

MM-HMM.

, NO, I, THERE IS NO CLEAR ANSWER AND EVERY SITUATION IS GONNA BE SLIGHTLY DIFFERENT.

CAUSALITY VERSUS CORRELATION.

YES.

SO MY LAST QUESTION, UH, ONCE WE HAVE, UH, SHOULD WE APPROVE THIS, UH, ONCE WE'VE APPROVED IT AS IT GETS APPROVED, UH, IS THERE ANY VERIFICATION THAT THE PARTICULATES OR THE SOUND IS ACTUALLY MITIGATED AFTER WE'VE FINISHED OUR JOB? THE PD STIPULATIONS DO REQUIRE A EHA ANALYSIS TO BE SUBMITTED AGAIN WITH APPROVAL OF A PRELIMINARY SITE PLAN.

AND THEN THE BUILDING INSPECTIONS DEPARTMENT ALSO COMPLETES A REVIEW OF ANY PROPOSED MATERIALS.

SO THEY WOULD CHECK THE PARTICULATES AS WELL AS THE SOUND.

THERE'S NOT A PARTICULAR, NOT PARTICULATE SOUND ONLY SOUND.

WE DON'T HAVE A PARTICULAR REQUIREMENT.

NOT YET.

THE APPLICANT ALSO DID ADD, UM, SOME STANDARDS THAT REQUIRE CONSTRUCTION DOCUMENTS HAVE TO BE SEALED BY AN ARCHITECT.

UM, AND THEN THE ENGINEER OF RECORD WILL BE RESPONSIBLE FOR TESTING THE UNITS.

OKAY.

THAT'S WHAT I WAS LOOKING FOR.

THANK YOU.

ARE WE DONE WITH QUESTIONS FOR STAFF? YOU HAVE ONE MORE? OKAY.

UH, JUST RESPONDING NOW TO MR. BRODSKY'S COMMENTS.

IF YOU GO TO THE BEGINNING OF THE SAME PARAGRAPH THAT YOU WENT TO THE MIDDLE TO OF, MIDDLE OF THAT, I WENT TO THE END OF IT SAYS A PANEL OF EXPERTS CRITICALLY REVIEWED THE LATEST RELEVANT STUDIES, BUT ONLY STUDIES I'VE FOUND IN HERE ARE FROM LIKE SAN FRANCISCO, MARYLAND, AND SOMEWHERE ELSE FOR ONE.

AND SO THERE'S STUDIES AND I HAVEN'T HAD A CHANCE TO REVIEW THOSE STUDIES TO LOOK AT THEM CRITICALLY.

BUT THE OTHER THING THAT I WOULD SAY IS THAT I DID HAVE A CHANCE TO REACH OUT TO CHEVROLET, FORD AND TOYOTA.

AND UNLESS YOU PUT YOUR VEHICLE ON RECIRCULATION,

[00:35:02]

THE AIR THAT COMES INTO YOUR CAR COMES IN FROM THE ROADWAY.

THAT'S WHAT YOU'RE, THE AIR THAT YOU'RE BREATHING.

AND SO IT'S HARD FOR ME TO PUT A RESTRICTION ON LAND USE BECAUSE OF ITS PROXIMITY TO HIGHWAYS WHEN WE'RE ALL DRIVING DOWN ROADWAYS IN VEHICLES THAT ARE PULLING IN AIR.

WE ROLL DOWN OUR WINDOWS, WE WRITE IN CONVERTIBLES.

SO GUYS, LET'S, UH, I APPRECIATE WHAT YOU'RE SAYING AND COMMISSIONER BROSKY, YOU MAY WANNA RESPOND, BUT THAT'S NOT ASKING QUESTIONS OF STAFF.

THAT'S US HAVING A DISCUSSION.

LET'S TABLE THAT UNTIL LATER.

CAUSE I'M SURE THE APPLICANT WOULD LOVE TO, UH, WAIT, COME MAKE A PRESENTATION.

ANY MORE QUESTIONS FOR STAFF? OKAY.

VERY GOOD.

THANK YOU.

VERY PATIENT.

I WILL NOW OPEN THE PUBLIC HEARING AND WE WILL LET THE APPLICANT ADDRESS US FIRST.

YES.

AND DO WE HAVE ANYBODY AFTER THE APPLICANT? WE HAVE, UM, BILL ALSTROM AND BRIAN WOLF.

WE ALSO HAVE, UH, TWO, UH, APPLICANTS THAT ARE READY TO ANSWER ADDITIONAL QUESTIONS.

ONE IS ONLINE.

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

ALL RIGHT.

THANK YOU.

GOOD EVENING.

GOOD EVENING COMMISSIONERS.

UH, IT'S NICE TO SEE YOU ALL AGAIN.

UH, AS A REMINDER, MY NAME'S BRIAN WOLF.

UH, MY ADDRESS IS 44 0 3 NORTH CENTRAL EXPRESSWAY.

I'M A PARTNER AT BAY WEST DEVELOPMENT AND HEAD OF OUR DALLAS OFFICE.

I'M EXCITED TO BE BACK HERE TONIGHT TO SHOW YOU GUYS THE UPDATES WE'VE MADE SINCE OUR LAST HEARING AND THE UPDATED PD STIPULATIONS WE'VE INCLUDED.

HOPEFULLY I'LL ALSO BE ABLE TO BETTER ANSWER THE QUESTIONS YOU HAD FROM THE LAST HEARING THAT I DIDN'T HAVE THE MATERIAL TO BEST ANSWER BEFORE.

AGAIN, WE, ALONG WITH ALL OF OUR NEIGHBORS, ARE REALLY EXCITED ABOUT THIS PROJECT AND WHAT IT CAN DO TO REVITALIZE THIS UNDERPERFORMING COMMERCIAL AREA.

AS A QUICK REMINDER HERE IS A LOOK AT OUR NEIGHBORING USES TO OUR PROPERTY.

WE'RE SURROUNDED BY LARGE OFFICE BUILDINGS, FLEX SPACE RETAIL, AND AN APARTMENT COMPLEX.

WE ARE TRYING, WHAT WE ARE TRYING TO DO IS SIMPLY FILL IN THE GAP IN THE CENTER OF THIS NEIGHBORHOOD.

GIVEN THE UNDERPERFORMING COMMERCIAL NATURE OF THIS AREA, WE NEED TO CREATE DEMAND IN THIS LOCATION.

HOW DO WE DO THAT? BY BUILDING VIBRANCY THROUGH ONE EXCEPTIONAL DESIGN, WE HAVE VOLUNTARILY IMPLEMENTED THE HIGHEST DESIGN STANDARDS IN THE CITY.

TWO, A HIGH CONCENTRATION OF PEOPLE, AND THREE, A UNIQUE AMENITY SUCH AS OUR PLAZA GREEN.

ALSO, AS A REMINDER HERE IS OUR FULL SITE PLAN, AN OFFICE BUILDING AND A HOTEL ON THE SOUTHERN EDGE OF THE SITE, A 1.4 ACRE PLAZA GREEN AT THE CENTER TOWNHOMES SITUATED ALONG THE MAIN STREET AND FLANKING THE PLAZA GREEN AND TWO MID-RISE RESIDENTIAL BUILDINGS CLOSEST TO PLANO PARKWAY AND FURTHEST FROM THE EXPRESSWAY.

AS COMMISSIONER BRANHOFF SAID IN OUR LAST HEARING, THE ELEPHANT IN THE ROOM WAS A COMMERCIAL PHASING.

WE HAD PREVIOUSLY TIED THE SECOND PHASE OF RESIDENTIAL TO PULLING PERMITS ON ONE OF THE COMMERCIAL COMPONENTS, WHICHEVER DEMAND RETURNS FIRST.

BUT THERE WAS CONCERN THAT WE WOULD SPEND THE MONEY TO DEVELOP ALL THE CONSTRUCTION DOCUMENTATION, UH, ENGINEERING PLANS, PULL THE PERMITS, AND THEN NOT ACTUALLY BUILD THE COMMERCIAL COMPONENT.

COMMISSIONER RATCLIFFE HAD SAID, HAD ASKED IF THERE WAS A COMPROMISE IN THERE SOMEWHERE TO TIE THE COMPONENTS TO CERTIFICATE OF OCCUPANCY.

INSTEAD OF BUILDING PERMITS, WE HAVE DECIDED TO INDEED INCREASE THE RESTRICTION ON THAT SECOND PHASE OF RESIDENTIAL TO THE ISSUANCE OF A CO ON EITHER OF THE COMMERCIAL COMPONENTS.

SO WITH THE NEW PHASING LANGUAGE, WE REALLY SEE THIS AS A THREE PHASE PROJECT, SIMILAR TO WHAT CHAIR DOWNS HAD SUGGESTED MAY BE THE CASE.

I KNOW STAFF AND OTHERS HAVE MENTIONED THE POTENTIAL FOR OTHER ECONOMIC DEVELOPMENT OPPORTUNITIES FOR THIS SITE.

SO I THOUGHT I'D LAY OUT THE STATE OF THIS PARTICULAR LOCATION IN EAST PLANO AND THE OVERALL COMMERCIAL MARKET.

CAN WE BUILD A LARGE SCALE OFFICE PROJECT VACANCY AND DFW IS AT ITS HIGHEST LEVEL SINCE THE 1980S.

WE HAVE HAD THREE STRAIGHT YEARS OF NEGATIVE NET ABSORPTION IN THE OFFICE MARKET.

ONCE DEMAND DOES COME BACK JUST ACROSS THE HIGHWAY, CITY LINE HAS 1.8 MILLION SQUARE FEET OF OFFICE YET TO BE BUILT.

DEMAND FOR THIS SUBMARKET WILL GO THERE FIRST WHERE THEY HAVE BUILT OUT THE VIBRANCY AND THE AMENITIES.

ADDITIONALLY, STATE FARM RECENTLY ANNOUNCED MASSIVE JOB CUTS AND PUT 400,000 SQUARE FEET OF OFFICE SPACE AT CITYLINE ON THE SUBLEASE MARKET.

THAT SUBLEASE SPACE IS JUST ADDITIONAL SUPPLY THAT WILL NEED TO BE FILLED FIRST PRIOR TO ANY OFFICE ONLY DEVELOPMENT.

SO HOW DO WE COMPETE WITH OUR PROPOSED OFFICE? LIKE I MENTIONED IN OUR LAST MEETING, ALLOW US TO CREATE SOMETHING SO UNIQUE THAT A TENANT CAN'T FIND IT ANYWHERE ELSE.

AGAIN, WE DO THIS BY BUILDING VIBRANCY WITH EXCEPTIONAL DESIGN, A HIGH CONCENTRATION OF PEOPLE, AND A UNIQUE AMENITY.

BUT THIS DOESN'T ALLOW US JUST TO BUILD ECONOMIC DEMAND FOR OUR COMMERCIAL COMPONENTS.

I KNOW THE FOCUS

[00:40:01]

HAS MOSTLY BEEN ON THE ECONOMIC DEVELOPMENT OPPORTUNITIES OF OUR SITE SPECIFICALLY, BUT WHAT ABOUT THE ECONOMIC DEVELOPMENT OPPORTUNITIES OF OUR SURROUNDING NEIGHBORS WHO ALREADY HAVE BUILT COMMERCIAL SPACE AND HAVE BEEN UNABLE TO DRIVE DEMAND AND ECONOMIC GROWTH? COMMISSIONER TONG, YOU HAD MENTIONED IN OUR LAST HEARING THAT ONCE WE HAVE ADDITIONAL RESIDENTS, MAYBE THEN OUR SITE, UH, COULD BE A GOOD PLACE FOR RETAIL.

WELL, WE ACTUALLY HAVE A TON OF RETAIL AROUND OUR PROPERTY TODAY.

IT'S JUST MOSTLY VACANT.

HERE'S A PROPERTY RIGHT ACROSS THE STREET FROM US AT 7 0 1 EAST PLANO PARKWAY.

IT'S A FLEX PROPERTY, BUT HAS HISTORICALLY OP BEEN OPERATED WITH RETAIL TYPE USES.

UNFORTUNATELY, ONE COMPANY AFTER ANOTHER KEEPS GOING OUTTA BUSINESS BECAUSE DEMAND IS JUST NOT THERE IN THIS AREA TODAY.

HERE'S THE SAME PROPERTY, JUST A DIFFERENT LOCATION.

AGAIN, THERE'S SOME RETAIL WITH A SMALL ELECTRONIC OUTLET STORE AND A TON OF VACANCY WAITING TO BE FILLED.

WHAT'S GREAT IS THAT THERE'S SOME REALLY COOL SPACES THAT YOU CAN EASILY SEE.

ENVISION BECOMING AMAZING RETAIL USES THIS SPACE WOULD MAKE AN UNBELIEVABLE RESTAURANT SPILLING OUT INTO A TREE SHADED, BEAUTIFUL TREE SHADED PATIO.

BUT AGAIN, THERE'S NO DEMAND TODAY.

IT NEEDS A CONCENTRATION OF PEOPLE TO BE SUCCESSFUL.

HERE'S THE LOVE AND WAR AT TEXAS RESTAURANT ACROSS PLANO PARKWAY FROM US.

THE PREVIOUS OPERATOR OF THE RESTAURANT HAD TO GIVE UP THE BUSINESS AT THE END OF THE YEAR BECAUSE THERE WAS NOT ENOUGH DEMAND IN THIS AREA TO BE SUCCESSFUL.

THE PROPERTY OWNER HAS FOUND A NEW OPERATOR TO TAKE OVER THE RESTAURANT, BUT MAY, BUT THEY MAY RUN INTO THE SAME ISSUES UNLESS SOMETHING CHANGES.

FINALLY, HERE IS THE RETAIL ANNEX OF THE ADJACENT VIBE.

PLANO PROPERTY.

IT'S A BEAUTIFUL PROPERTY AND SOME GREAT SPACE, BUT THERE JUST ISN'T ANY DEMAND WITHOUT A HIGH CONCENTRATION OF PEOPLE IN THIS NEIGHBORHOOD.

SO MANY OF THE STORES ARE VACANT.

COMPARE THIS TO THE RETAIL CITY LINE.

THEY SURROUNDED IT WITH RESIDENTIAL, BOTH APARTMENTS AND TOWN HOMES, AND IT'S FULL AND THRIVING.

BRINGING AN ECONOMIC BASE TO RICHARDSON.

YOU CAN SEE IN THIS NEIGHBORHOOD PLAN IN THE CORNER HOW MUCH RESIDENTIAL THEY HAD TO ADD IN ORDER TO MAKE THAT RETAIL VIABLE THOUSANDS OF UNITS.

SO WHAT WE ARE ASKING YOU TO DO IS JUST HELP GIVE OUR NEIGHBORHOOD A FIGHTING CHANCE.

AGAIN, IT'S NOT JUST ME SAYING THIS, IT'S OUR WHOLE NEIGHBORHOOD.

THE RETAIL OWNERS TO THE NORTH OF US ACROSS PLANO PARKWAY SET OF OUR PROJECT, QUOTE.

MOST IMPORTANTLY, IT WILL ADD FOOT TRAFFIC AND VIBRANCY FOR OUR EXISTING AND FUTURE BUSINESSES AND RETAIL TENANTS.

THE OWNER OF THE CENTRAL 500 OFFICE BUILDING SAID THIS PLAZA GREEN WILL BE A GREAT AMENITY FOR OUR TENANTS AND DRIVE ADDITIONAL DEMAND TO THIS AREA.

FINALLY, VIBE PLANO ADJACENT TO US SAID RESIDENTIAL DEVELOPMENT ON THIS PROPERTY WOULD CREATE A MORE ATTRACTIVE, LIVELY ENVIRONMENT, WHICH WOULD BENEFIT THE ENTIRE NEIGHBORHOOD AS OPPOSED TO YET AGAIN MORE OFFICE SPACE.

SO AGAIN, WE ARE ENCOURAGING YOU TO LOOK AT THE ECONOMIC DEVELOPMENT OPPORTUNITY, NOT JUST OF OUR SITE, BUT OUR NEIGHBORHOOD AS A WHOLE WHEN YOU MAKE THIS DECISION.

THE NEXT THING I WANTED TO ADDRESS WAS COMMISSIONERS ALLIE'S QUESTION ABOUT A SUN STUDY TO ENSURE THE TOWNHOMES WEREN'T DARK ALL DAY.

COMMISSIONER TONG, HOPEFULLY THIS ALSO HELPS ADDRESS YOUR CONCERN THAT THE TOWNHOMES MAY FEEL TRAPPED BETWEEN LARGE BUILDINGS.

LOOKING AT THE SITE PLAN IN PLAN VIEW DOESN'T DO A VERY GOOD JOB AT GIVING PERSPECTIVE OF DISTANCES BETWEEN BUILDINGS, ESPECIALLY FOR A SITE THIS LARGE.

SO HERE'S A SITE SECTION BETWEEN THE OFFICE PARKING GARAGE AND THE TOWNHOMES.

WHILE IT MAY LOOK SMALL IN THE SITE PLAN, THERE IS 71 FEET BETWEEN THOSE STRUCTURES.

AS YOU CAN SEE FROM THE SUN STUDY, EVEN IN THE DEAD OF WINTER, THE TOWNHOMES HAVE FULL DAYLIGHT.

ADDITIONALLY, THE TWO APARTMENT COMPONENTS ARE 187 FEET APART AT THEIR NEAREST LOCATION.

ANOTHER THING WE DID NOT DO A GOOD JOB DESCRIBING IN THE LAST HEARING WAS WHAT THE EXTERIOR CONDITION OF THAT PARKING, UH, OFFICE PARKING GARAGE WOULD LOOK LIKE.

WE HAVE VERY SPECIFIC PD STIPULATIONS ADDRESSING THIS PARKING GARAGE FACADE THAT WE DIDN'T DISCUSS.

STUFF LIKE SCREENING CORNER ARCHITECTURAL ELEMENTS, VERTICAL AND HORIZONTAL FACADE RHYTHMS AND ARTICULATION.

WE WORKED WITH STAFF TO TAKE THE BEST DESIGN STIPULATIONS IN THE CITY FOR PARKING GARAGES AND INCLUDED THEM HERE.

THESE ARE SOME PRECEDENT IMAGES FOR THE GARAGE AND SIMILAR TO WHAT WE ARE DOING ON OTHER PROJECTS.

ANOTHER THING I WANTED TO TALK ABOUT WAS OUR E H A NOISE AND AIR QUALITY MITIGATIONS.

WE WORKED WITH STAFF THE PAST COUPLE WEEKS TO CLEAN UP SOME OF THE PD STIPULATIONS.

WE CLARIFIED LANGUAGE REGARDING BALCONY RESTRICTIONS FOR ANY UNITS THAT HAVE EXTERIOR NOISE OF OF 65 D B A HIGHER COMMISSIONER OLEY.

I KNOW AIR QUALITY OF A PARTICULAR INTEREST TO YOU PER THE CITY STUDY.

EXPOSURE TO HIGHWAY BASED AIR POLLUTANTS IS GREATLY REDUCED AT APPROXIMATELY 300 FEET FROM THE EXPRESSWAY.

WE ARE PROVIDING A 435 FOOT MINIMUM SETBACK FOR THE RESIDENTIAL SO WELL BEYOND THAT.

ADDITIONALLY, OUR PLAZA GREEN IS ALSO OVER 300 FEET FROM THE EXPRESSWAY, BUT WE ASKED H HM M H IF THERE WAS SOMETHING FURTHER WE COULD DO, THEY SUGGESTED SOME ADDITIONAL MITIGATIONS WE COULD ADD THROUGH VENTILATION.

SO WE ADDED THE

[00:45:01]

STIPULATIONS YOU SEE HERE WITH ALL OF THESE MITIGATIONS, OUR E H A STATES THAT OUR RESIDENTS ARE NOT EXPECTED TO EXPERIENCE HIGHER CONCENTRATIONS OF HIGHWAY BASED AIR POLLUTANTS.

WE ALSO UPDATED OUR NOISE STUDY TO INCLUDE BOTH THE PHASE ONE WITH THE WITHOUT THE COMMERCIAL BUILDINGS AS WELL AS THE FULL BUILDOUT.

IN DOING THAT WITH AND WITHOUT COMPARISON, WE LEARNED THAT THE COMMERCIAL STRUCTURES DO NOT PROVIDE SIGNIFICANT NOISE PROTECTION FROM THE GEORGE BUSH TURNPIKE.

DUE TO THE ELEVATED NATURE OF THE HIGHWAY, THE SOUND SIMPLY TRAVELS OVER TOP OF THOSE STRUCTURES, BUT THEY DO PROVIDE SOME NOISE PROTECTION FROM AT GRADE ROADWAYS, ESPECIALLY THE ONE 90 FRONTAGE ROAD COMMISSIONER RATCLIFFE, YOU HAD ASKED IN THE LAST MEETING IF WE'D BE WILLING TO CONSIDER ANY TEMPORARY MITIGATION FOR PHASE ONE, TO WHICH I SAID YES.

SO WE ASKED H M M H WHAT THE BEST WAY TO PROVIDE MITIGATION FOR PHASE ONE WAS THEY SUGGESTED A SIX FOOT LANDSCAPE BERM TO PROVIDE SHIELDING FROM THE ONE 90 FRONTAGE ROAD AND ADD A, ADD A SOFT ABSORBENT GROUND.

HERE'S SOME IMAGERY OF WHAT A BERM LIKE THAT COULD LOOK LIKE.

AND HERE'S THE SITE PLAN FOR PHASE ONE WITH THAT LANDSCAPE BERM.

AS THE CITY'S EHA STUDY STATES ELEVATED NOISE LEVELS HAVE THE MOST NEGATIVE HEALTH CONSEQUENCES WHEN IT IMPACTS SLEEP.

SO AGAIN, WE'VE INCLUDED THE MITIGATIONS OF RESIDENTIAL INTERIOR NOISE LEVELS BEING BELOW 45 D B A, AS WELL AS THE BALCONY AND PATIO RESTRICTIONS.

OUR EHA ANALYSIS CONCLUDES THAT PROLONGED EXPOSURE CAN BE MITIGATED WITH OUR PROPOSED PD STIPULATIONS AND THAT THEY'RE CONSISTENT WITH MITIGATION METHODS 1, 2, 3, 5, AND SIX RE RECOMMENDED IN THE E H A POLICY.

BUT WE ALSO WANTED TO ADDRESS THE IDEA THAT NO ONE WOULD WANT TO USE THE PLAZA GREEN DUE TO THOSE NOISE LEVELS.

THOSE NOISE LEVELS ARE SIMILAR TO THE TOWNHOME UNITS AT UH, 68 TO 70 D B A.

THE FIRST THING THAT CAME TO MIND WAS CLYDE WARREN PARK IN DOWNTOWN DALLAS, WHICH WAS BUILT ON TOP OF WOODALL ROGERS FREEWAY.

IT WAS RECENTLY NAMED A TOP FIVE CITY BEST CITY PARK IN AMERICA BY USA TODAY.

THEY HAVE SOME AMAZING OPEN SPACE AS WELL AS A CHILDREN'S PLAYGROUND AT THE SOUTHERN EDGE CLOSEST TO THE FREEWAY OPENING.

IF YOU'VE EVER BEEN THERE, YOU KNOW YOU CAN CERTAINLY HEAR THE FREEWAY, BUT IT DOESN'T STOP YOU FROM ENJOYING THE PARK.

US NOR H HM M H COULD FIND THE NOISE READINGS THERE.

BUT WE WERE ABLE TO FIND NOISE DATA FROM A SIMILAR HIGHWAY PARK.

FREEWAY PARK IS BUILT ON TOP OF INTERSTATE FIVE IN DOWNTOWN SEATTLE.

NOISE READINGS THERE AVERAGE 78.3 DBA, JUST TO GIVE YOU A SENSE.

BUT WE ALSO WANTED TO SHOW SOME EXAMPLES FROM OUR OWN EXPERIENCE BUILDING ADJACENT TO EXPRESSWAYS OR OTHER SUBSTANTIAL NOISE SOURCES.

THIS PROJECT IS IN SAN JOSE, CALIFORNIA AND IS A GREAT EXAMPLE.

THE PROPERTY IS IMMEDIATELY ADJACENT TO A TRAIN STATION THAT GOES TO DOWNTOWN SAN JOSE.

THOSE SAME TRACKS INCLUDE A SOUTHERN PACIFIC HEAVY RAIL LINE AND JUST PAST THE TRAIN TRACKS IS SOUTHWEST EXPRESSWAY A MAIN ARTERY TO DOWNTOWN SAN JOSE.

NOT ONLY DOES IT HAVE A SIGNIFICANT AMOUNT OF RESIDENTIAL, WE ALSO INCLUDED A ONE ACRE PLAZA GREEN JUST OFF THE TRAIN PLATFORM.

THE EASTERN EDGE OF THIS SITE, AVERAGE NOISE LEVELS OF 71.5 DBA SIMILAR TO WHAT WE WERE PROPOSING HERE IN PLANO.

WE HAD TO IMPROVE THE BUILDING MATERIALS TO ACHIEVE AN INTERIOR NOISE LEVEL OF 45 DBA OR LESS.

BUT WE DIDN'T HAVE ANY RESTRICTIONS TO BALCONIES OR THE PLAZA GREEN.

SIR, YOU HAVE THREE MINUTES THANKS.

AND THERE AND HERE ARE SOME CLOSER UP SHOTS THAT PLAZA GREEN AS WELL AS THE SITE SECTION, WHILE NOT REQUIRED BY THE CITY OR STATE, YOU CAN SEE HERE WHERE WE UTILIZED A BERM TO PROVIDE FURTHER NOISE PROTECTION.

HERE'S ANOTHER PROJECT IN CALIFORNIA, JUST GIVEN IT'S THE MOST ENVIRONMENTALLY REGULATED STATE IN THE COUNTRY.

THIS PROJECT IS IN SAN DIEGO JUST OFF INTERSTATE 15.

IT'S A MULTI-PHASE RESIDENTIAL PROJECT OVERLOOKING THE FREEWAY.

AS YOU CAN SEE HERE ON THE SITE PLAN, WE HAVE A EDGE PARK ON THE CORNER CLOSEST TO THE FREEWAY.

IT'S PROGRAMMED WITH DOG RUNS A WALKING TRAIL AND SOME GRASS AND PICNIC AREAS.

HERE'S A GRAPHIC OF THE NOISE CONTOUR LINES.

THE BLUE IN THE BACK IS 65 D DBA.

THE GREEN THROUGH THE CENTER IS 70 AND THE PURPLE CLOSEST TO THE FREEWAY WHERE OUR EDGE PARK IS LOCATED IS 75.

AGAIN, WE ARE MITIGATING INTERIOR NOISE LEVELS TO BELOW 45 DBA TO PROTECT AGAINST IMPACTS TO SLEEP, AND WE HAVE NO BALCONY OR EDGE PARK RESTRICTIONS.

ALL OF THIS IS JUST TO SAY WE HAVE A LONG HISTORY OF DEVELOPING THESE TYPE OF PROJECTS WITH NOISE CONSIDERATIONS.

WE KNOW HOW TO UTILIZE BUILDING MATERIAL TO PROTECT RESIDENTS, AND WE KNOW HOW TO PROGRAM OUTDOOR SPACE TO MINIMIZE NOISE AND MAKE IT ENJOYABLE FOR PEOPLE TO USE.

FINALLY, THERE'S ONE LAST THING I WANTED TO TOUCH ON.

THERE'S TWO THIRDS OF A SINGLE POLICY ACTION IN THE COMP PLAN RELATING TO MIXED USE PROJECT THAT WE'RE NOT IN COMPLIANCE WITH.

COMMISSIONER BROSKY, I KNOW YOU SPENT A TREMENDOUS AMOUNT OF TIME ON THE COMP PLAN AND YOU'VE SAID WHAT YOU'RE REALLY LOOKING FOR IS A PROJECT THAT IS A HUNDRED PERCENT IN COMPLIANCE WITH THE COMP PLAN.

I JUST WANTED TO MENTION AN ALTERNATIVE ROUTE THAT WE COULD HAVE TAKEN BUT DIDN'T, WE COULD HAVE SEPARATED OUT THE RESIDENTIAL LOTS AND ONLY SUBMITTED FOR A ZONE CHANGE OF THE RESIDENTIAL.

THAT WOULD NOT HAVE BEEN A MIXED USE PROJECT AND HAVE NOT HAVE BEEN SUBJECT TO THAT POLICY ACTION.

[00:50:01]

WE COULD HAVE SAID THAT WE HAD NO IDEA WHAT WE'RE GONNA DO WITH THE REMAINDER OF THE PROPERTY, GIVEN THE CURRENT STATE OF THE COMMERCIAL MARKET, AND WE ARE GONNA KEEP THAT CC, BUT WE NEED TO BRING SOME LIFE TO THIS AREA.

IF WE HAD DONE THAT, WE WOULD'VE BEEN 100% IN COMPLIANCE WITH THE COMP PLAN.

WE WOULD'VE MET ALL OF THE EXPRESSWAY CORRIDOR PRIORITIES, ALL DESIRABLE CHARACTER DEFINING ELEMENTS.

WE WOULD'VE MET THE FUTURE LAND USE NUMBERS AND THE COMP PLAN, THE EMPLOYMENT MIX, THE HOUSING MIX, THE LAND USE MIX, EVEN BRING MIX, EVEN BRINGING SOME OF THOSE INTO COMPLIANCE TODAY INTO COMPLIANCE FROM OUTTA COMPLIANCE TODAY.

BUT WE THOUGHT IT WAS MORE IMPORTANT TO SHOW YOU A REALISTIC PLAN FOR THE ENTIRE PROPERTY, AND WE WANTED TO GO ABOVE AND BEYOND THE TECHNICAL REQUIREMENTS OF THE COMP PLAN.

WE ADDED THE HIGHEST DESIGN STANDARDS IN THE CITY.

WE INCREASED THE LANDSCAPE EDGES.

WE INCLUDED THE 1.4 ACRE PLAZA GREEN, WE ADDED THE DETAILED GARAGE FACADE REQUIREMENTS.

WE'RE RESTRICTING THE SECOND PHASE OF RESIDENTIAL, SO MO MORE COMMERCIAL CAN GET BUILT FASTER.

WE'RE APPLYING THE USE RESTRICTIONS IN THE COMMERCIAL SO THAT THEY'RE, THEY WILL BE COMPATIBLE WITH THE RESIDENTIAL.

SO YES, IT DOESN'T MEET THE TWO THIRDS OF THE SINGLE POLICY ACTION SUBMITTED AS AN ENTIRE PROJECT, BUT WE DO THINK IT MEETS THE INTENTION GUIDING PRINCIPLES OF THE COMPREHENSIVE PLAN.

WE BELIEVE IT MEETS THE NEEDS OF THIS NEIGHBORHOOD, AND WE BELIEVE IT GOES ABOVE AND BEYOND FROM A DESIGN GREEN SPACE AND QUALITY PERSPECTIVE COMPARED TO ANYTHING IN PLANO.

SO I HAD TO ASK YOU TONIGHT TO LOOK AT IT FROM THAT PERSPECTIVE.

THANK YOU.

THANK YOU.

SO WE HAVE NO OTHER SPEAKERS, RIGHT? THAT IS CORRECT.

OKAY.

UH, QUESTIONS FOR THE APPLICANT AND MR. BRUNO WAS FIRST IN LINE, YOU FOLLOWED BY COMMISSIONER TOM.

MM-HMM.

MR. WOLF, THANK YOU FOR YOUR, UH, PRESENTATION TONIGHT AND COMING BACK TO SPEAK TO US AGAIN.

I WAS CURIOUS ABOUT THE, THE TWO STUDIES BY H M M H.

I MEAN, THEY'RE VERY SIMILAR.

THE FIRST ONE IS ENTITLED NOISE ANALYSIS REPORT.

THAT'S THE ONE WE GOT BACK ON MARCH THE FIRST AT OUR MEETING.

THEN THERE'S THE ONE WE GOT FOR THIS MEETING ENTITLED E H A SITE ANALYSIS.

IT'S BY THE SAME FIRM, THE SAME THREE AUTHORS.

YEP.

OKAY.

UM, I HAVE COPIES HERE THAT I PRINTED OFF FROM, YOU KNOW, PERTINENT PORTIONS.

THE EARLIER STUDY ON PAGE 19 OF THAT STUDY.

IT'S PARAGRAPH NUMBER, SECTION NUMBER SIX ENTITLED OUTDOOR SITE MITIGATION.

IT SAYS IN PART QUOTE, THE MOST EFFECTIVE OUTDOOR NOISE MITIGATION HAS BEEN INTEGRATED INTO THE SITE DESIGN.

THE SITE CONFIGURATION UTILIZES A SIX-STORY GARAGE AND A 64 FOOT TALL OFFICE BUILDING, EXCUSE ME, LOCATED ALONG THE SOUTHERN PORTION OF THE PROPOSED DEVELOPMENT AREA TO SCREEN NOISE COMING FROM THE PRESIDENT GEORGE BUSH TURNPIKE AND US 75.

UH, THIS SITE PLAN REDUCES NOISE CONDITIONS ON MOST OF THE SITE TO BE BELOW 65 D B, A EXTERIOR NOISE THRESHOLD OF THE EXPRESSWAY CORRIDOR ENVIRONMENTAL HEALTH GUIDELINES.

HOWEVER, THERE'S STILL SOME LOCATIONS THAT EXCEED THE 65 D B A EXTERIOR NOISE THRESHOLD AND SO FORTH.

BY CONTRAST, THIS REPORT, THE RECENT REPORT ON PAGE ROMAN NUMERAL THREE OR THREE LITTLE EYES, PAGE 67 OF OUR PACKET THIS MONTH FOR THIS MEETING.

IT SAYS, BECAUSE OF THE ELEVATED NATURE OF PRESIDENT GEORGE BUSH TURNPIKE, THE COMMERCIAL STRUCTURES ON THE SOUTHERN PORTION OF THE DEVELOPMENT DO NOT PROVIDE SIGNIFICANT PROTECTION TO THE BUILDINGS PLANNED FOR A SENSITIVE LAND USE RESIDENTIAL TO THE NORTH AS A, AS ORIGINALLY SUSPECTED.

THIS IS DUE TO SOUND TRAVELING OVER THE TOP OF THOSE BUILDINGS, BUT THERE IS SOME BENEFIT PROVIDED TO THE SINGLE FAMILY HOMES FROM THE AT GRADE ROADWAYS.

UM, AND THEN IT THEN THEY RECOMMEND THAT SHOULD NO, SHOULD NO COMMERCIAL STRUCTURES BE BUILT AS PART OF THE FIRST PHASE, A MINIMUM 500 FOOT TEMPORARY LANDSCAPE BERM AND SO FORTH BE CONSTRUCTED.

UH, THE BERM WOULD NOT MITIGATE THE PRESIDENT GEORGE BUSH TURNPIKE, BUT WOULD PROVIDE SHIELDING FROM THE STATE HIGHWAY ONE 90 FRONTAGE ROAD.

OKAY.

THESE TWO STUDIES SEEM TO REACH DIAMETRICALLY OPPOSITE CONCLUSIONS AS TO WHETHER THE COM THE COMMERCIAL BUILDINGS HAVE A MITIGATING EFFECT AS TO NOISE.

CAN YOU EXPLAIN WHY THEY WOULD REACH DIAMETRICALLY OPPOSED CONCLUSIONS ON WHAT APPEARED TO ME TO BE SUBSTANTIALLY SIMILAR DATA? YEAH, WE HADN'T, SO WE HAD KNOWN ABOUT THE EHA POLICY FROM THE VERY BEGINNING.

OUR VERY EARLY DISCUSSIONS WITH STAFF, OR LET'S FIGURE OUT WAYS TO MITIGATE THIS THE BEST WE CAN, WHICH IS WHY WE HIRED, WE ASKED STAFF WHO, WHO WROTE THE REPORT, LIKE, WHO'S THE MOST QUALIFIED PERSON TO DO THIS? WE HIRED HM, M H THREE YEARS AGO TO START WORKING ON THIS WITH US .

UH, SO FROM THE VERY BEGINNING WE HAVE BEEN PLANNING ON PUTTING COMMERCIAL STRUCTURES IN THAT COMPONENT OF THE PROJECT.

WE HAD NEVER DONE

[00:55:01]

A STUDY WITH AND WITHOUT THOSE COMMERCIAL STRUCTURES BECAUSE WE HAD NEVER PLANNED ON NOT USING THEM.

UM, I, WE HAVE H M M H ON THE PHONE WHO COULD DESCRIBE FURTHER, BUT THEY WERE GOING BY INTUITION THAT IF YOU HAVE A STRUCTURE BETWEEN THE HIGHWAY AND YOUR RESIDENTIAL USES, IT'S GONNA PROVIDE PROTECTION.

WHEN WE, IN THE MOST RECENT UPDATE TO THAT PLAN, WHEN WE, WE DID FOR THE FIRST TIME TAKE AWAY THOSE STRUCTURES TO SEE WHAT IMPACT THAT HAD ON OUR PHASE ONE, WE WERE GETTING THE SAME NUMBERS AND WE SAID, WELL, HOW COULD THAT BE? WE REALIZED AND WENT OUT TO THE SITE AND MEASURED HOW TALL THOSE ELEVATED HIGHWAYS ARE FROM, FROM ONE 90 FROM GEORGE BUSH TURNPIKE.

THEY'RE THE HIGHEST POINT IN THAT INTERSECTION.

SO AS ALL EVERYTHING CROSSES THROUGH, THOSE ARE THE HIGHEST POINTS.

UM, SO WE WOULD HAVE TO GO SIGNIFICANTLY HIGHER IN OUR COMMERCIAL COMPONENT, WHICH AGAIN, WE WENT THROUGH, THERE'S NO DEMAND FOR.

SO YES, THAT WAS RECOMMENDED BY STAFF.

IT'S NOT FEASIBLE TO BUILD.

AGAIN, WE'RE TRYING TO PRESENT SOMETHING THAT WE, WE THINK CAN GET BUILT AND NO CAN GET BUILT.

UM, AND SO THAT'S WHY THE CONCLUSION ORIGINALLY WAS YES, OF COURSE, YOU KNOW, IF YOU PUT A COMMERCIAL STRUCTURE BETWEEN A SENSITIVE LAND USE, IT'S GONNA HAVE PROTECTION.

WE WEREN'T CONS.

AND THEN, SO THEN HMH WENT BACK, LOOKED AT THE SOUND PLAN.

HOW IS IT SET UP TO FIGURE OUT THAT THOSE, THAT THAT ELEVATED HIGHWAY, THE NOISE JUST TRAVELS RIGHT OVER THE PROJECT.

IF THE COMMERCIAL BUILDINGS DON'T PROVIDE SIGNIFICANT NOISE MITIGATION, WHAT IS IT THAT IS MITIGATING THE NOISE ON THE PLAZA GREEN? UH, NOT A LOT.

SO PLAZA GREEN, THE BIGGEST, THE BIGGEST N NOISE PROTECTION ON PLAZA, ON THE PLAZA GREEN IS THE DISTANCE FROM THE HIGHWAY.

THAT'S THE BEST THAT WE COULD DO.

FROM THAT THERE IS NOISE FROM THE FRONTAGE ROAD, MOST, MOST PROLIFICALLY FROM THE FRONTAGE ROAD.

SO WE SAID, OKAY, THERE IS NOISE COMING FROM THERE.

CAN WE AT LEAST PROTECT THAT, UM, BY ADDING THAT LANDSCAPE BERM? SO THAT LANDSCAPE BERM IS PRO PRO PROVIDING NOISE PROTECTION AGAINST AT GRADE ROADWAYS, BUT DOESN'T PROVIDE PROTECTION AGAINST, UH, THE VERTICAL NATURE OF THAT EXPRESSWAY.

SO THE BEST WE COULD DO WAS A DISTANCE, WHICH AGAIN, IS OVER 300 FEET, UH, FROM THE HIGHWAY, WHICH I REALIZE PROTECTS AGAINST THE NOISE POLLUTANTS, OR SORRY, THE AIR POLLUTANTS AND NOT NECESSARILY AS MUCH THE NOISE POLLUTANTS, WHICH IS WHY WE THEN LOOKED AT, WELL, WHAT ARE WE DOING ON OTHER PROJECTS? I MEAN, WE DO STUFF ALL ACROSS THE COUNTRY FROM SEATTLE GOVERNED UNDER THE, UH, CPA, WHICH IS STATE ENVIRONMENTAL PROTECTION ACT, CALIFORNIA, THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

I MEAN, THESE NOISE STUDIES ARE NOT NEW TO US.

SO WE SAID, OKAY, WHAT, YOU KNOW, WHAT ARE WE DOING ELSEWHERE AND HOW DOES THIS COMPARE AND WHY, WHY DOES IT FEEL LIKE WE'RE SO FAR OFF HERE WHEN WE FEEL LIKE WE'RE, WE'RE DOING WHAT WE CAN? UM, REFERRING TO FIGURE THREE IN THEIR LATEST ANALYSIS, WHICH I DESCRIBED BEFORE A A FEW MINUTES AGO, THIS IS ENTITLED FIGURE THREE PROJECT DAY, NIGHT LEVEL ROADWAY, EXTERIOR NOISE EXPOSURE FOR FIRST FLOOR OF PHASE ONE WITH, AND IT SHOWS THE BERMS IN PLACE.

MM-HMM.

.

OKAY.

THE AREA OF THE PLAZA GREEN IS BOUNDED ON THE NORTH AND TO THE EAST BY SINGLE FAMILY ATTACHED DWELLINGS.

THIS DRAWING DRAWS LITTLE COLORED CIRCLES TO INDICATE THE NOISE LEVEL ON THE, ON THE, UH, THE FRONT, THE, THE FRONT FACADES OF THOSE DWELLINGS FACING THE PLAZA GREEN.

YEP.

THOSE CIRCLES ARE COLORED YELLOW AND ORANGE.

YEP.

YELLOW CIRCLE MEANS, UH, NOISE LEVEL BETWEEN 60 AND 65 DECIBELS.

ORANGE CIRCLE MEANS BETWEEN 65 AND 70 DECIBELS, WHICH IS THE, THE, THE ONLY DATA I SEE HERE THAT AT ALL IMPACTS ON THE NOISE LEVEL IN THE PLAZA GREEN WITH THE BERMS IN PLACE.

SO IS THERE ANY YEAH, WE'RE, TO BE CLEAR, IT'S OVER 65 DBA IN THE PLAZA GREEN.

OKAY.

EVEN WITH THE BURR.

OKAY.

SO YES, THAT IS A, THAT WE RECOGNIZE THAT THAT IS A FACT, AND WE'RE SAYING THAT DOESN'T MEAN THAT WE CAN'T PROVIDE SOMETHING LIKE WE HAVE IN MANY OTHER PLACES.

THAT'S ENJOYABLE FOR PEOPLE TO USE.

WE AVOID THE, THE AIR POLLUTANTS, UM, AND GET TO AN OUTDOOR SPACE THAT IS, THAT IS SOMETHING THAT OUR RESIDENTS COULD ENJOY AND USE.

OKAY.

NOW WITH RESPECT TO THE COMMERCIAL BUILDINGS, THIS IS A CORRIDOR COMMERCIAL SITE.

YOU'RE PROPOSING A PLANNED DEVELOPMENT WITH CORRIDOR COMMERCIAL USES.

THE CONCEPT BEHIND THE CITY'S ORDINANCE FOR THIS TYPE OF DISTRICT IS FOR A WALKABLE, INTEGRATED, MIXED USE, UH, DEVELOPMENT THAT A MIXED USE DEVELOPMENT THAT TAKES ON THE CHARACTER OF A COMMUNITY BECAUSE OF THE MIX OF USES AND THE WALKABILITY AND THE USES BEING COMPATIBLE WITH EACH OTHER.

OKAY.

YOU'VE

[01:00:01]

JUST GIVEN A DISSERTATION ON WHY THE MARKET RIGHT NOW IS, UH, NOT, IS NOT WELL ALIGNED FOR BUILDING OTHER OFFICE BUILDING.

SO IT MAKES ME DOUBT WHETHER YOU'RE GOING TO FEASIBLY BE ABLE TO DO IT.

I'M NOT QUESTIONING YOUR INTENT, BUT YOU KNOW, IF YOU CAN'T GET FINANCING, IF YOU DON'T THINK YOU CAN GET TENANTS, IF YOU, YOU KNOW, IF IT'S JUST NOT GONNA WORK OUT FOR YOU ECONOMICALLY, I DON'T SEE YOU RUSHING IN AND DOING IT ANYWAY JUST IN YOUR OWN SELF-INTEREST IF YOU DON'T DO IT.

WHAT HAPPENS TO THE MIXED USE COMMUNITY THAT OUR ORDINANCE CONTEMPLATES IF THERE ARE NO COMMERCIAL USES? YEAH, I THINK THERE'S STILL A MIXED USE COMMUNITY HERE, AS WE'VE DESCRIBED IN OUR MAP, TWO TYPES OF DWELLINGS.

THAT'S IT.

I MEAN, YEAH.

YEAH.

IN OUR NEIGHBORHOOD AS A WHOLE, DIRECTLY ADJACENT TO US IS A FIVE STORY OFFICE BUILDING.

DIRECTLY ADJACENT TO THAT IS ANOTHER OFFICE BUILDING THE VIBE PLANO PROPERTY THAT HAS A RETAIL ANNEX ACROSS IT ACROSS THE STREET WE HAVE THIS FLEX RETAIL OFFICE INDUSTRIAL TYPE OF SPACE.

AND THEN DIRECTLY ON THE OTHER SIDE OF US IS RESIDENTIAL.

SO WE THINK IT'S STILL BRINGING THIS COMMUNITY CLOSER TO A AND HAVE AND, UH, NOT TO MENTION THE FIRST PART OF THIS.

IN THE FIRST PHASE OF THIS WE'RE REQUIRED AND WANT TO BUILD THAT PLAZA GREEN SPACE.

WE THINK THAT PLAZA GREEN SPACE IS INCREDIBLY IMPORTANT, NOT ONLY FOR THIS NEIGHBORHOOD, BUT FOR THE SUCCESS OF OUR FUTURE OFFICE COMPONENT.

WE CAN'T BUILD THE OFFICE BUILDING.

WOULD YOU PROCEED WITH PHASE TWO? WE CAN'T.

YOU CAN'T, RIGHT.

EXACTLY.

RIGHT.

BUT WE THINK OVER TIME THAT BY CREATING A PLACE HERE, AGAIN, THIS IS ALL PART OF THE PLACEMAKING OF THIS AREA, BRING MORE PEOPLE HERE SHOW, LIKE THE PROGRAMMING OF THIS PARK IS GONNA BE INCREDIBLE.

WE'VE SHARED IT WITH OUR NEIGHBORS WHO SAY THE SAME THING, MAN, OUR TENANTS WOULD LOVE AN AMENITY LIKE THIS IF WE CAN DELIVER SOMETHING THAT THERE'S NOTHING LIKE THIS IN THE PLAIN, UH, SUBMARKET ANYWHERE WHERE THEY HAVE A 1.4 ACRE PLAZA GREEN DIRECTLY OUTSIDE WHERE THEIR, UH, UH, EMPLOYEES CAN GO OUT FOR LUNCH AND HAVE THEIR LUNCH OUTSIDE, UM, AND STILL BE WALKABLE TO BART TO, TO GET TO AND FROM THEIR JOB.

SAME THING WITH THE HOTEL COMPONENT.

ONCE THAT SILVER LINE IN <