Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript


[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 IS DIRECTLY, UH, GOES DIRECTLY TO DFW, WE THINK THAT THERE IS VIABLE DEMAND FOR THAT.

IT'S NOT THERE TODAY, WHICH IS WHY WE'RE RESTRICTING THE NEXT PHASE OF RESIDENTIAL.

BUT WE HAVE TO BE ABLE TO DO SOMETHING TO BRING THIS AREA OUT OF WHAT IT IS EXISTING TODAY.

AND IT'S JUST AN, AN, UH, UNDERPERFORMING COMMERCIAL AREA.

THAT, AGAIN, I THINK THE COMP PLAN, THAT'S WHAT IT, THAT'S WHAT IT'S SAYING.

IT'S SAYING IS NUMBER ONE PRIORITY IS TO ADDRESS THESE UNDER, UH, UH, THESE UNDERPERFORMING COMMERCIAL AREAS BY THE USE OF RESIDENTIAL, UM, USES, BY ALLOWING THAT TO ADD VIBRANCY TO IT.

UM, SO I THINK WHAT WE THINK WILL HAPPEN IS THAT, UH, BY BUILDING OUT BOTH THAT PLAZA GREEN AND BRINGING MORE PEOPLE TO THAT SPACE, HOPEFULLY MORE PEOPLE, AGAIN, HELP FILL UP THE, THE VACANT RETAIL THAT'S AROUND THE AREA TODAY, THAT ALL OF THAT CREATES SOME MOMENTUM FOR THIS AREA TO, TO BE SUCCESSFUL ON THE COMMERCIAL END.

I THINK THE KEY FACTOR THERE THOUGH IS, AND I APPRECIATE THE CHANGE THAT YOU MADE IN TERMS OF CERTIFICATE OF OCCUPANCY VERSUS A PERMIT, THEY CAN'T BUILD THE REST OF THE RESIDENTIAL UNLESS THEY BUILD THAT.

SO THERE IS AN INCENTIVE THERE FOR THEM TO, TO OBVIOUSLY DO, DO SOMETHING WITH IT.

BUT THE, THE, THE LACK OF ECONOMIC VIABILITY OF AN OFFICE BUILDING WOULD BE A DISINCENTIVE TO BUILD THE REST OF THE RESIDENTIAL AND IT WOULD FORCE THEM TO DESIGN AND BUILD UNIQUE OFFICE, UH, SPACE THAT MIGHT BE MORE ATTRACTIVE THAN SUBLETTING SQUARE FOOTAGE IN STATE FARMS BUILDING.

I, I, I DON'T KNOW.

I, I'M NOT SURE THAT A DISCUSSION IS, IS, UH, BENEFICIAL AROUND, HEY, WE'RE NOT GONNA BUILD THE OFFICE DOWN THE ROAD, SO WE'RE NOT, WE'RE GONNA ABANDON THE LOT.

THAT'S WHERE THAT SEEMS LIKE THAT'S GOING.

AND I, I'M NOT SAYING IT TO QUASH YOUR, YOUR PO THE POSSIBILITY OF THAT OR WHETHER IT SHOULD BE SOMETHING THAT'S CONSIDERED.

I JUST THINK THAT WE HAVE TO LOOK AT THE LAND USE AND GO, IF THEY DON'T BUILD IT, MAYBE SOMEBODY ELSE WILL, BECAUSE THE ZONING GOES WITH THE PROPERTY.

SO, CAN I JUST GIVE AN EXAMPLE OF HOW WE'VE DEALT WITH THIS IN THE PAST? UH, WE BROKE GROUND ON, ON THAT PROJECT I SHOWED YOU IN SAN JOSE, IT WAS A 200,000 SQUARE FOOT OFFICE BUILDING AND 590 APARTMENT UNITS WITH THE PLAZA GREEN.

I MEAN, IT WAS VERY SIMILAR TO THIS.

WE HAD, SIMILARLY TO OUR PREVIOUS RECOMMENDATION, WE HAD IT TIED THE TWO UNIT, UH, THE TWO USES TIED TO BUILDING PERMITS.

SO NOT C O UM, WE WERE ABLE, AND AGAIN, THAT WAS PLAN IS SAN JOSE, IT WAS THE HEART OF SILICON VALLEY.

WE HAD PLANNED IT FOR A TECH OFFICE BUILDING.

THE TECH OFFICE MARKET BLEW UP.

WE GOT CREATIVE.

WE FOUND A, UH, UH, A MEDICAL OFFICE USER.

UH, WE WERE WITHIN SPITTING DISTANCE FROM OTHER, FROM A REGIONAL HOSPITAL, AND WE GOT A MEDICAL OFFICE USED TO GO IN IN THAT.

ANOTHER EXAMPLE COULD BE A LIFE SCIENCE TYPE OF USE, UM, OR OTHER, UH, SEMICONDUCTOR, UH, TYPE OF LIGHT MANUFACTURING TYPE OF USES.

THERE ARE OTHER USES THAN JUST AN OFFICE BUILDING.

[01:05:01]

AND SO IT PROPOSES AN OFFICE BUILDING, BUT THAT OFFICE BUILDING COULD JUST AS EASILY BE A MEDICAL OFFICE BUILDING AS IT COULD BE A TRADITIONAL OFFICE BUILDING, WHICH MAYBE A MEDICAL OFFICE USE COULDN'T GO INTO STATE FARM'S OLD SPACE BECAUSE IT'S NOT DESIGNED CORRECTLY FOR THAT.

SO IT'S IMPORTANT, ESPECIALLY IN THESE LAND USE, UH, DISCUSSIONS, I THINK TO LOOK AT KIND OF THE BROAD RANGE.

YES, IT DOES REQUIRE US TO BE CREATIVE AND TO CHAIR DOWN'S POINT, WE HAVE TO GET CREATIVE TO BE ABLE TO BUILD THAT NEXT PHASE OF RESIDENTIAL THAT WE KNOW THAT THERE'S DEMAND FOR, RIGHT.

THAT WE CAN, CAN EARN MONEY ON.

RIGHT.

AND SO, UM, I, I HATE TO SAY LIKE, OH, JUST BECAUSE OF EVERYTHING I JUST DESCRIBED ABOUT THE OFFICE MARKET, THAT THIS WILL NEVER BE A SUCCESSFUL COMMERCIAL PROJECT.

WE ACTUALLY THINK THE OPPOSITE, WHICH IS WHY WE'RE SHOWING YOU A WHOLE PLAN AND DIDN'T GO THAT OTHER ROUTE THAT I TALKED ABOUT.

WELL, OH, JUST LET US, UH, BUILD SOME RESIDENTIAL AND HOPEFULLY IT'LL MAKE THE, THE AREA BETTER.

WE WANTED TO PUT A CONCRETE PLAN TOGETHER THAT WE, THAT WE BELIEVE WILL CREATE DEMAND FOR THIS AREA.

AGAIN, NOT JUST FOR OUR SITE, BUT FOR THE ENTIRE AREA AS A WHOLE.

SO IT DOES TAKE CREATIVE THINKING.

DO YOU HAVE MORE QUESTIONS? OKAY.

UH, HIT YOUR, YOUR SPEAK BUTTON.

UH, GO TO NEXT IS COMMISSIONER TOM.

AGAIN, I WANNA THANK YOU FOR YOUR PRESENTATION AND, UH, I REALLY APPRECIATE THAT YOU ADDRESSED EVERY QUESTION WE HAD LAST TIME, UH, ADDRESSED EVERY CONCERN WE HAD.

SORRY, I JUST CAN'T TURN IT OFF.

.

UM, I HAVE TWO QUESTIONS.

UH, FIRST OF ALL THAT I APPRECIATE THAT, UH, THAT YOU'RE TRYING TO BUT REVITALIZE THE AREA.

AND I PERSONALLY, I THINK THIS IS THE, A, A BIG QUESTION, A BIG PROBLEM IN PLANO IN GENERAL, IN AS A WHOLE, THAT WE HAVE NOT ENOUGH PEOPLE, BUT TOO MUCH RETAIL OR, OR OFFICES, AND WE NEED TO BRING MORE PEOPLE.

AND THIS PLAN SEEM TO BE ACHIEVING THAT GOAL, AND THAT'S WHY WE HAVE THAT REDEVELOPMENT AND GROWTH MEASUREMENT POLICY IN PLACE.

UM, I APPRECIATE THAT YOU POINT OUT THEIR RETAILS AROUND, AND I UNDERSTAND THE INTENTION OF THE POLICY TO DEVELOP CERTAIN PROPERTY TO HAVE FIF 50% MIXED USE OF 50% RESIDENTS USES.

UM, BUT WE CAN BE CREATIVE, AND YOU ARE BEING A CREATIVE, A CREATIVE HERE.

SO HAVE YOU DONE ANY RESEARCH OR ANY STATS MEMBERS THAT CAN PROVIDE TO THE STAFF MEMBER AND TO THE COMMISSION THAT, TO SHOW THE PERCENTAGE OF RESIDENTIAL USES VERSUS RETAIL, UH, OF THE ENTIRE NEIGHBORHOOD INSTEAD OF JUST YOUR PROPERTY? DID HAVE YOU DONE THAT RESEARCH AND GIVE US A, A NUMBER? WE DID AND, AND WE PRESENTED IT IN THE LAST HEARING.

SO JUST AS A REMINDER, UM, THERE ARE TWO COMPONENTS TO THE R G M FIVE.

IT'S, I THINK IT'S AN A AND A B ONE IS 33% IN INDIE INDIVIDUAL PHASE, AND THE SECOND IS 50% AS A WHOLE FOR A PROJECT.

UM, IF YOU LOOK AT THE NEIGHBORHOOD AS A WHOLE, INSTEAD OF JUST OUR SITE SPECIFICALLY, UH, WE MEET THE 33% COMPONENT OF IT.

SO THEN IT'S THE 50% THAT IS THE QUESTION OF TOTAL BUILD OUT.

SO WE MEET 33% IN ANY INDIVIDUAL FACE, AGAIN, BECAUSE THERE'S EXISTING OFFICE AND RETAIL, UH, AND FLEX USES THERE TODAY.

SO WE MEET THAT PIECE OF THAT AS A NEIGHBORHOOD AS A WHOLE.

UH, WE GET TO 51%, UM, COMMERCIAL, COMMERCIAL, SORRY, 51% RESIDENTIAL, 49% COMMERCIAL.

SO WE'RE JUST SHY OF THAT GOAL FOR, FOR THE NEIGHBORHOOD AS A WHOLE.

BUT DID THAT INCLUDE THE OFFICE SPACE ALREADY, UH, IN YOUR PROJECT OR DOES IT, DOES IT NOT? IT INCLUDES THE 70,000 SQUARE FEET REQUIRED TO BUILD OUR SECOND PHASE OF RESIDENTIAL.

OKAY.

IT DOESN'T INCLUDE THE ADDITIONAL, UH, 125,000 SQUARE FEET.

OKAY.

AND THAT'S THE NEIGHBORHOOD? THAT'S, UH, NO.

SO WE HAVE TWO COMMERCIAL COMPONENTS.

WE HAVE, UH, 123 AND A HALF THOUSAND SQUARE FOOT OFFICE BUILDING AND A 70,000 SQUARE FOOT, UH, A HUNDRED KEY HOTEL.

AND SO WHAT WE SAID IS WE DON'T KNOW, WHICH, WE DON'T NECESSARILY KNOW WHICH OF THOSE TWO COMMERCIAL COMPONENTS IS GOING TO COME BACK TO LIFE FIRST, ALLOW US TO BUILD THE SECOND PHASE OF RESIDENTIAL WHEN THE SOONER OF THOSE TWO COME BACK TO LIFE.

SO IT COULD BE THE HOTEL USE COMES FIRST.

WE BUILD THE HOTEL ON THAT PORTION OF THE SITE.

THE LANDSCAPE BERM STAYS THE SAME.

THERE'S VERY SPECIFIC LANGUAGE IN OUR PHASING ABOUT WHEN WE COULD REMOVE THAT LANDSCAPE BERM.

SO IT'S, IT'S NOT LIKE YOU JUST HAVE AN EMPTY SITE SITTING THERE IN THE MIDDLE OF THE PROJECT.

YOU'D STILL HAVE THAT DESIGN ELEMENT OF IT.

UM, AND THEN WE'D BUILD THAT COMMERCIAL AS SOON AS WE COULD AS WELL.

OKAY.

HYPOTHETICALLY, IF YOU DIDN'T BUILD ALL OF ANY OF THE OFFICE SPACE, JUST THE RESIDENTIAL USERS, HAVE YOU CONSIDERED THAT AND COMPARE, INCLUDING ALL THE

[01:10:01]

SURROUNDING RETAIL AND COMMERCIAL? WHAT'S THE PERCENTAGE OF THAT? I DIDN'T LOOK AT THAT SPECIFICALLY.

UM, I COULD PROBABLY DO THE MATH REAL QUICK IF YOU, BUT IT'S GONNA BE KIND OF IN THAT SAME RANGE BECAUSE IT'S, WE'RE ADDING, WE ARE ADDING THE SECOND PHASE, WHICH IS THE RESIDENTIAL AND THE COMMERCIAL, THE RESIDENTIAL SQUARE FOOTAGE IS GREATER THAN THE COMMERCIAL SQUARE FOOTAGE.

SO IT WOULD BE LESS THAN THAT TOTAL.

OKAY.

SO IF I UNDERSTAND YOU CORRECTLY, IF WITH THE CO ISSUED ON THE COMMERCIAL, YOU WOULD BE MEETING THE 50% OR YOU WE'D GET TO 51%, SO WE'D JUST MISS IT? THAT'S, THAT'S NOT CORRECT.

I, I THINK THAT THE, THE, THE POLICY FIRST OF ALL IS NOT ON A GENERALIZED BASIS.

IT'S ON A SITE SPECIFIC BASIS.

SO IT DOESN'T EXTEND TO THE NEIGHBORHOOD AS MR. WALKER.

OH, I THOUGHT HER QUESTION WAS THE NEIGHBORHOOD, BUT MY QUESTION WAS FOR THE NEIGHBORHOOD.

YEAH, THAT'S OKAY.

BUT THAT, BUT THAT DOESN'T MEET THE COMPREHENSIVE PLAN ANALYSIS.

THAT'S JUST FOR INFORMATION PURPOSES, I THINK.

OKAY.

JUST AFFORD THE SITE WITH THE CO ISSUE ON THE COMMERCIAL.

DOES THAT MAKE THEM MADE 50%? NO, NO, NO.

IT WOULD BE 90% RESIDENTIAL AND 10% COMMERCIAL WITH THE 70,000 SQUARE FEET THAT THEY'RE COMMITTING TO.

GOTCHA.

THE SITE WILL NEVER GET THERE ON OUR SITE SPECIFICALLY.

BUT I THINK YOUR POINT'S VALID.

I'LL SPEAK TO IT LATER.

GO AHEAD WITH YOUR QUESTIONS.

I'M SORRY.

UM, THE SECOND QUESTION IS REGARDING THE, UH, EHA, THE NOE'S, UM, MITIGATION, I GUESS YOU ARE TRYING TO SAY THAT THERE, IN OTHER PROJECTS, YOU HAVE DONE CERTAIN THINGS.

UH, WE CANNOT COMPARE PLAIN NOTES TO ST.

JOSE, BUT WITH BUILDING MATERIALS MM-HMM.

, YOU THINK WITH YOUR BUILDING MATERIALS YOU CAN REDUCE BECAUSE THERE'S NOTHING ELSE YOU COULD DO.

YEP.

EXCEPT FOR DISTANCE.

THE DISTANCE, RIGHT? YEP.

BUT, BUT WITH THE BUILDING MATERIAL THAT YOU PROVIDE, YOU, AT LEAST YOU, YOU'RE CONFIDENT OR YOU THINK YOU CAN A HUNDRED PERCENT CONFIDENT YOU USED A NOISE LEVEL TO 45.

YES.

SO AGAIN, THAT SAN JOSE PROJECT, UH, THAT WAS ON THE TRAIN LINE, UH, THAT HAD AN AT GRADE CROSSING IN THAT PROJECT.

SO A TR TRAINED HORN SOUNDED AT TIMES.

UH, IF YOU'VE GOT, IF ANYBODY HAS READ THE, UH, THE NOISE STUDY, IT'S DISRUPTION TO SLEEP, THAT IS THE BIGGEST HEALTH CONSEQUENCE.

AND SO FOR THAT PROJECT SPECIFICALLY, WE HAD TO MITIGATE AGAINST THE 91 D B A BY INCREASING THE STC RATINGS ON OUR WINDOWS, DOORS, EXTERIOR WALLS THAT FACE THAT UNIT, AND WE'RE ABLE TO ACHIEVE IT THERE.

SO I'M VERY CONFIDENT THAT FROM A BUILDING MATERIAL PERSPECTIVE, THE INTERIOR UNITS, UH, WILL BE SAFE.

DO YOU HAVE A STUDY TO PROVIDE THAT, YOU KNOW, WITH BUILDING MATERIALS THAT'LL IMPROVE THE, UH, NOISE INSIDE? SO THAT IS ACTUALLY IN THE PLAIN PLANOS 2019 STUDY.

IT GOES INTO DETAIL ON DIFFERENT BUILDING MATERIAL.

YOU CAN USE WHAT THE, WHAT THE DROP IN DBA NOISE BASED ON CERTAIN BUILDING MATERIAL, DOUBLE PANE WINDOWS, FOR EXAMPLE.

EVERY BUILDING MATERIAL HAS AN S STC RATING, UH, RELATED TO NOISE.

UM, AND SO IT GO, THAT GOES INTO DETAIL ON, ON IF CERTAIN BUILDING MATERIALS CAN ACHIEVE CERTAIN NOISE REDUCTIONS.

QUICK QUESTION, CAN WE REQUIRE BUILDING MATERIALS BASED ON THAT FOR MITIGATION PURPOSES? WELL, IT'S, GO AHEAD.

YEAH.

AND WE HAVE REVIEWED THIS ISSUE WITH OUR BUILDING INSPECTIONS DEPARTMENT, AND THEY'RE CONFIDENT THAT MR. WOLF HAS SAID THAT YOU CAN CONSTRUCT A BUILDING THAT ACHIEVES THESE LEVELS.

AND AS PART OF THE PD, THEY'LL HAVE TO TEST THE NOISE LEVELS WITHIN THE UNITS TO ENSURE THAT THE MATERIALS DO MEET THOSE REQUIREMENTS.

SO, OKAY.

THAT'S MY QUESTION.

THANK YOU, COMMISSIONER KERRY.

THANK YOU.

UM, A COUPLE THINGS.

SO JUST TO BE CLEAR, THE CO OR THE, UH, THE PERMIT TO START THE SECOND PHASE OF THE RESIDENTIAL, YOU HAVE TO BUILD ONE OF THE OTHER, EITHER THE, THE HOTEL OR SOME KIND OF COMMERCIAL BUILDING FIRST, RIGHT? CORRECT.

JUST TO BE CLEAR.

OKAY.

UM, DO YOU KNOW THIS FOR MY OWN, UH, KNOWLEDGE, SO YOU'RE MOVING 300 FEET BACK, HOW MUCH DOES THAT REDUCE THE NOISE BY, BY MOVING THAT FAR BACK? UM, AS A PERCENTAGE? I DUNNO.

DO YOU KNOW? DOES IT MATTER? UH, IT DOES MATTER, BUT IT IT ACTUALLY MATTERS LESS ON THIS BECAUSE IT'S ELEVATED.

SO ACTUALLY, IF YOU'RE UNDER THE HIGHWAY, THE HIGHWAY ITSELF PROTECTS AGAINST NOISE.

SO WE'RE AT THIS UNIQUE KIND OF AREA WHERE THE FURTHER AWAY ALSO HELPS AND HURTS.

UM, SO IT'S A, IT'S A, IT'S JUST A UNIQUE SCENARIO HERE.

I, I GET IT.

UM, SO YOU CITED THAT, UH, CITYLINE HAS 1.8 MILLION SQUARE FEET TO BE BUILT, CORRECT.

STILL, RIGHT? AND THAT THEY BROUGHT IN THOUSANDS OF PEOPLE TO THOUSANDS OF UNITS YEAH.

TO MAKE THEIR AREA VIBRANT.

1,900 UNITS, UH, SINCE CITY PLANT, CITY LINE HAS BEEN DEVELOPED, UM, THIS

[01:15:01]

IS JUST A WEIRD QUESTION.

WHAT DOES VIBE PLANO DO? I, I APOLOGIZE.

I DON'T KNOW.

IT'S AN, IT IS JUST A BRANDED OFFICE BUILDING AND RETAIL COMPLEX.

OH, OKAY.

SO IT'S NOT A BUSINESS, IT'S THE OWNERSHIP OF THE BUILDING.

OKAY.

UM, AND, AND BY THE WAY, JUST FOR WHAT IT'S WORTH, I WAS IN 11 WAR TALKING TO BRITNEY , WHO RUNS IT THE OTHER DAY AFTER THE FIRE, THEY REBUILT.

THEY'RE ACTUALLY DOING PRETTY WELL NOW.

SO WHO KNOWS WHAT BUSINESS WE'LL DO WELL IN THE FUTURE, BUT RIGHT NOW, THEY'RE ACTUALLY DOING PRETTY WELL.

AND, YOU KNOW, I'M NOT AS PESSIMISTIC ABOUT THE FUTURE OF COMMERCIAL BUILDING IN PLANO, ESPECIALLY AT THIS SITE.

UM, I, I THINK THAT, YOU KNOW, WE SEE COMPANIES STILL WANTING TO COME TO TEXAS, NORTH TEXAS.

THEY WANNA COME TO PLANO.

AND, UM, YOU KNOW, WHILE I KNOW TODAY THAT THAT'S CHALLENGING, UM, I THINK WITH THE THINGS OUR CITY HAS TO OFFER, WE'RE IN A GOOD POSITION TO, TO ATTRACT COMMERCIAL.

I DON'T KNOW ABOUT THE HOTEL, BUT CERTAINLY THE COMMERCIAL WITH WHAT I SEE EVERY DAY WITH COMPANIES WANTING TO LEAVE OTHER PLACES, I'M OPTIMISTIC THAT, YOU KNOW, OUR COMMERCIAL REAL ESTATE ISN'T GONNA BE, YOU KNOW, TI UM, REALLY NOT VALUABLE FOR A WHILE.

SO ANYWAY, I, I DON'T HAVE ANY MORE QUESTIONS.

THANK YOU VERY MUCH.

YEP.

COMMISSIONER LEY.

NO, I ACTUALLY CONCUR WITH COMMISSIONER CARRIE, NOT PESSIMISTIC ABOUT THE VIABILITY OF COMMERCIAL.

COUPLE OF QUESTIONS.

UM, THE, HOW MUCH FURTHER WOULD ONE NEED TO BUILD UP THE GARAGE STRUCTURE OR WHATEVER, TO HAVE ANY EFFECT TO, YOU KNOW, GIVEN THE HEIGHT OF THE TOY, HOW MANY MORE STORIES WOULD ONE NEED TO BE? SO THE GARAGE STRUCTURE IS CURRENTLY ABOUT 43 FEET TALL.

UH, WE THINK THAT THAT, UM, OVERPASS ON THE HIGHWAY IS SOMEWHERE AROUND 90 FEET, SO IT WOULD HAVE TO BE SIGNIFICANTLY TALLER, WHICH IS WHAT MAKES IT HAVE TO DOUBLE IT, NOT MAKE SENSE.

I DON'T EVEN KNOW IF THAT STRUCTURALLY SOUND, BUT , UM, AND MAYBE I'M READING THIS WRONG, THE, WAS THERE A CHANGE FOR THE, UM, THE AIR CONDITIONING UNITS, UM, ARE NOW ON TOP OF THE STRUCTURE VERSUS, WHAT WAS IT BEFORE? IN INDIVIDUAL UNITS TO INDIVIDUAL? THEY'RE STILL INDIVIDUAL UNITS.

IT'S THE, THAT THEY HAVE TO BE OUTDOOR AIR SOURCED, RIGHT.

WHICH IS BETTER.

AND THE VENTILATION HAS TO BE FACING AWAY FROM THE EXPRESSWAY, FROM THE EXPRESSWAY SO THAT THE INTAKE, THE INTAKE IS COMING FROM AWAY FROM THE EXPRESSWAY.

YEAH.

AGAIN, THESE ARE JUST ADDITIONAL ADS THAT WE ASKED, UH, H M M H IF THERE WAS SOMETHING THAT WAS REASONABLE FOR US TO DO TO KIND OF MITIGATE THE CONCERN.

EVEN WITHOUT THAT THOUGH, BEING AS FAR AWAY FROM THE EXPRESSWAY AS OUR UNITS ARE, UH, THERE WAS NO, UH, AIR POLLUTANT CONCERN.

I THOUGHT I SAW SOME WORDING REGARDING EITHER THE OUTLET OF THE UNITS BEING ON TOP OF THE BUILDING, OR WE, THEY WOULD BE ON TOP ANYWAYS.

SO REGARDING, YES, THEY'RE ON TOP FACING AWAY, BUT YES, THEY WOULD'VE BEEN ON TOP ANYWAYS.

THE, THE WASTEWATER QUESTION, UM, WHO BEARS THAT BURDEN? THE DEVEL, YOU GUYS OR THE CITY? THAT'S LIKE STAFF MENTIONED THAT WOULD BE DONE DURING, UH, UH, PERMIT PROCESS TO DETERMINE WHAT THE CAPACITY IS LEFT IN IT, AND THEN WHERE THE, THE NEW COMPONENTS WOULD COME FROM.

I DON'T, UNTIL YOU DES ACTUALLY DESIGN THE BUILDINGS, YOU DON'T KNOW WHAT THAT'S GONNA BE.

OKAY.

OKAY.

UM, I, I GUESS I'D HAVE A QUESTION, AND THAT'S IN YOUR OTHER DEVELOPMENTS AROUND THE COUNTRY.

DO YOU FACE SIMILAR COMMISSIONS LIKE THIS ? SO, UM, THIS IS SOMETHING I WAS GONNA MENTION.

IT'S, IT'S, UM, IT'S TYPICALLY, UH, ENVIRONMENTAL CONCERNS, ESPECIALLY RE RELATED TO NOISE IS, UH, TYPICALLY AN OBJECTIVE CRITERIA OR DECISION, WHEREAS WE'RE HAVING A LOT OF CONFUSION HERE ABOUT WHAT MARK WE NEED TO HIT.

UM, JUST TO GIVE YOU KIND OF ONE EXAMPLE OF THAT, UH, THERE WAS A CASE THAT CAME BEFORE THIS COMMISSION LAST YEAR THAT WAS, UH, GOVERNED BY THE EXACT SAME COMPREHENSIVE PLAN, THE EXACT SAME E HHA POLICY.

UH, IT WAS ZONING CASE 2022 DASH 0 0 1.

IT WAS A HIGHRISE RESIDE RESIDENTIAL BUILDING IN LEGACY WEST AT THE INTERSECTION OF 1 21 IN THE TOLLWAY.

UM, THAT PROJECT WAS LOCATED IN E H A TWO.

UH, THE BUILDING HAD A, UH, ONLY A 40 FOOT SETBACK, UH, FROM THE HIGHWAY.

THE BUILDING HAD EXTERIOR NOISE LEVELS MUCH HIGHER THAN OURS, UH, 75 D B A, UH, ACCORDING TO THEIR, EH, HHA ANALYSIS, THEIR ONLY TWO NOISE MITIGATIONS WERE ONE INTERIOR NOISE LEVELS OF 45 DBA OR LOWER, AND TWO MINIMUM BALCONY AND POOL RAILING HEIGHTS.

MIND YOU, NOT BALCONY RESTRICTIONS,

[01:20:01]

JUST RAILING HEIGHTS.

UM, STAFF DETERMINED AND STATED IN THEIR REPORTS TO BOTH P Z AND CITY COUNCIL, THAT QUOTE, STAFF HAS REVIEWED THE STIPULATIONS WITH THE BUILDING INSPECTION DEPARTMENT AND BELIEVE THAT THEY WILL ADDRESS THE IMPACTS OF THE ADJACENT EXPRESSWAYS CONSISTENT WITH THE CITY'S ADOPTED METHODS AND RECOMMENDATIONS FROM THEIR CONSULTANTS.

YOU KNOW, MEANWHILE, OUR PROJECT IS IN EHA.

ONE, WE DON'T HAVE A 40 FOOT SETBACK.

WE HAVE A 435 FOOT SETBACK.

UH, WE'RE NOT INCREASING BALCONY RAILING HEIGHTS, WE'RE REMOVING BALCONIES.

UM, WE'RE, UH, WE'RE IMPLEMENTING THE SAME INTERIOR NOISE LEVELS, UH, WHEN WE'RE INCLUDING THAT 500 FOOT BERM.

UM, SO SOMEHOW THAT PROJECT, IT WAS DETERMINED THAT RESIDENTS WOULD BE SAFE FROM THE IMPACTS OF THE ADJACENT HIGHWAY.

UH, AND, AND IT WAS CONSISTENT WITH THE POLICY.

AND OURS, OURS IS NOT.

UM, YOU KNOW, THE, THE COMPREHENSIVE PLAN ATTE ATTEMPTS TO TAKE THE SUBJECTIVITY OUT OF IT BY REQUIRING THE EHA ANALYSIS BY A, UM, DONE BY A RECOGNIZED EXPERT IN THE FIELD.

UM, BUT DESPITE HAVING OUR EXPERT CONCLUDE THAT OUR MITIGATIONS ARE SUFFICIENT FOR THE HEALTH OF OUR RESIDENCES, UH, RESIDENTS, AND CONSISTENT WITH THE MITIGATIONS IN THE POLICY, SOMEHOW, YOU KNOW, WERE NOT IN COMPLIANCE.

NOW, THE STAFF REPORT SAYS THAT IT'S BECAUSE OUR OUTDOOR NOISE LEVELS ARE ABOVE 65 D B A, UH, BUT SO WAS THAT OTHER PROJECT.

UM, AND THEN ADDITIONALLY, ONE OF THE RECOMMENDA RECOMME RECOMMENDED MITIGATIONS IN THE E H A POLICY ITSELF IN THE COMPREHENSIVE PLAN, UH, IS ENHANCING BUILDING MATERIALS SUCH AS WINDOWS AND DOORS.

UH, AND THOSE DON'T DO ANYTHING TO KEEP THE EXTERIOR NOISE LEVELS BELOW 65 DVA.

UM, SO HOW CAN THEY BE RECOMMENDED MITIGATIONS WHEN YOU CAN'T, WHEN YOU CAN'T USE 'EM? UM, I SENSE YOUR FRUSTRATION.

YEAH.

I JUST, SO NOW BY THE WAY, I ASKED A QUESTION WHICH OPENED THE DOOR TO TWO MORE COMMISSIONERS.

NOW I HAVE QUESTIONS FOR YOU.

SO MAYBE WE SHOULDN'T HAVE GONE THAT DIRECTION.

SURE, SURE.

UM, I, I, I REALLY WAS, WHAT I WAS TRYING TO GET TO WITH THE QUESTION WAS JUST YOU GUYS HAVE A LOT OF EXPERIENCE DEALING WITH THIS ISSUE YEP.

IN OTHER CITIES.

UM, ALL RIGHT.

I, I THINK I'M GONNA STOP AND KEEP, I'M GONNA MOVE ON MIS, MR. LYLE, AND, AND LET'S DO THIS, LET'S JUST MAKE IT A SPECIFIC QUESTION FOR THE, FOR THE, LET'S NOT HAVE A BACK AND FORTH DIALOGUE.

JUST DO YOU HAVE A QUESTION, GET AN ANSWER, AND THEN WE'LL, WE'LL CLOSE THE PUBLIC HEARING AND, AND WE'LL HAVE OUR OWN DEBATE.

I THINK THAT'S WHAT I, OKAY.

MR. BROSKY, DO YOU HAVE A SPECIFIC QUESTION FOR THE APPLICANT? THANK YOU VERY MUCH FOR, UH, BEING HERE TODAY AND, UH, FOR YOUR CONTINUED INTEREST IN PLANO.

UM, YOU MADE A STATEMENT SAYING THAT IT WAS NINE AND ONE THIRD COMPLIANT.

UH, WHEN I LOOK AT THE INFORMATION PROVIDED BY THE STAFF, THEY SHOW RGM ONE, RGM FIVE AND R G M EIGHT.

IS THAT ACCURATE? UH, WE HAVE, WE PROVIDED IN OUR APPLICANT LETTER DURING THE LAST ROUND, KIND OF A DETAILED ANALYSIS OF EVERY POLICY THAT WE THOUGHT WAS APPLICABLE TO OUR PROJECT.

SO I'D POINT YOU TO THAT TO LOOK AT IT.

AGAIN, ONE OF THE OTHER CONFUSIONS, AND I DON'T KNOW IF COMMISSIONER LYLE, THIS WAS YOUR QUESTION EARLIER OR NOT, BUT, UH, R GM EIGHT, UM, AGAIN, WE CONTINUE TO BE CONFUSED AT AS WHY WE DON'T MEET THAT POLICY.

WE'RE T O D, UM, WE MEET ALL OF THE, THE, UH, FUTURE LAND USE, UH, NUMBERS.

AND SO I DON'T KNOW KIND OF WHY WE MISSED THAT.

SO THAT, TO ME, ALONG WITH THE EHA ANALYSIS, ARE KIND OF THE TWO BIGGEST QUESTIONS FOR US.

OTHER THAN THAT WE KNOW, AGAIN, LIKE WE'VE SAID FROM THE BEGINNING, WE KNOW THAT THE, UH, THE MIXED USE PHASING REQUIREMENTS, UH, WE DO NOT MEET, WHICH IS WHY WE'VE REQUESTED THAT YOU GUYS LOOK AT IT AS A, AS A NEIGHBORHOOD AS A WHOLE.

THANK YOU.

OKAY.

I DON'T SEE ANY MORE QUESTIONS.

DO WE HAVE ANY OTHER SPEAKERS? NO, WE DO NOT.

OKAY.

I WILL CLOSE THE PUBLIC HEARING.

SO WE'VE HAD MULTIPLE DISCUSSIONS ABOUT THIS PROPERTY AND OTHER PROPERTIES, AND WE, WE REALLY ARE FOCUSED ON HEALTH APPROPRIATELY.

SO, BECAUSE WE'RE IN THIS EHA ONE, TWO AREA.

UM, AND, AND THAT'S, THAT'S CHALLENGING, BUT I, I AGREE TO SOME DEGREE WITH THE APPLICANT THAT IT SEEMS TO BE VERY SUBJECTIVE IN WHAT WE'RE DOING VERSUS OBJECTIVE.

UM, I RECENTLY HAD THE OPPORTUNITY TO SPEND A FAIR AMOUNT OF TIME IN DOWNTOWN DALLAS, UH, WITH A GROUP OF PEOPLE.

UM, AND

[01:25:01]

THERE WERE SOME ABSOLUTELY BEAUTIFUL PLACES THERE, BUT I GUARANTEE YOU HAD NOISE LEVELS THAT ARE GONNA BE AS HIGH AS IN THIS CENTRAL PARK AREA.

UH, THIS LITTLE, UH, NEIGHBORHOOD PARK THAT THEY'RE BUILDING, UH, DIDN'T SEEM TO IMPACT ANYONE TOO MUCH.

THEY ALL SEEM TO BE HAVING A GOOD TIME.

UM, SO I, I'M GONNA BE A LITTLE MORE MAYBE OBJECTIVE AND SAY THAT, UM, WE'RE MEETING THE REQUIREMENTS FROM AN ENVIRONMENTAL STANDPOINT INSIDE THE BUILDINGS OUTSIDE THE BUILDING.

WE'RE GONNA GET EXPOSURE TO ALL OF THAT NOISE AND PARTICULAR AND STUFF IN THE EVERYDAY THINGS THAT WE DO TRAVELING TO AND FROM OUR WORK, OR TO VISIT WITH SOMEBODY.

SO I'M, I'M A LITTLE LESS CONCERNED WITH IT.

THEY'VE WE'RE OBVIOUSLY GOT SOME PRETTY GOOD DISTANCES FROM, FROM THE HIGHWAYS.

THE OTHER THING I'M GONNA SAY IS THAT I WHOLEHEARTEDLY THINK THIS IS A VERY UNIQUE PROJECT.

AND BECAUSE OF THE WAY IT'S SITUATED WITH KIND OF THESE APARTMENTS THAT ARE ISOLATED SOMEWHAT BEHIND IT, UH, AND THEN AN EXISTING, UH, COMMERCIAL BUILDING OR TWO ACTUALLY WITH RETAIL, THAT THIS IS REALLY MORE OF A NEIGHBORHOOD.

WE'RE, WE'RE LOOKING AT THIS ENTIRE CORNER INSTEAD OF THIS ONE LITTLE PIECE OF LAND WHEN WE'RE TRYING TO DECIDE DOES THIS WORK.

UM, I THINK THAT THE SURROUNDING OFFICE AND RETAIL NEED EXACTLY WHAT'S BEING PROPOSED, WHICH IS MORE RESIDENTS, THEY NEED MORE PEOPLE THERE.

UM, I, I THINK THAT'S THE ONLY WAY WE'RE GONNA REVITALIZE THIS.

I THINK IF WE SAY, NOPE, THIS ISN'T GONNA WORK BECAUSE OF RESIDENTIAL, UM, I, I THINK WE'RE SETTING OURSELVES UP FOR A LONG TIME OF SITTING HERE WITH AN EMPTY FRIES BUILDING AND AN ISOLATED GROUP OF APARTMENTS AND DYING RETAIL.

SO WHEN I LOOK FOR SOLUTIONS, AND I'VE SEEN THIS NOW, I THINK THIS IS ITS THIRD ITERATION, UH, I WAS, I WAS ON THE COMMISSION WHEN WE VOTED DOWN THE INITIAL ONE.

UH, CUZ I DIDN'T THINK IT WAS UNIQUE ENOUGH.

I DIDN'T THINK IT BROUGHT CHARACTER AND IT WAS TOO FOCUSED ON JUST THIS LITTLE PIECE OF PROPERTY INSTEAD OF LOOKING AT THAT ENTIRE CORNER THERE AND HOW DOES IT FUNCTION TOGETHER.

UM, IT WAS ALSO BEFORE REALLY WE KNEW, OKAY, SILVER LINE'S COMING AND HERE'S THE STATION AND HERE'S HOW IT'S GONNA WORK.

UM, I THINK THERE'S A LOT OF GOOD TO THIS.

I'M IN, I'M HEARTENED BY THE FACT THAT THEY'RE WILLING TO GO TO A CERTIFICATE OF OCCUPANCY.

PERSONALLY, I, I WISH IT WAS A CERTIFICATE OF OCCUPANCY ON THE 124,000 SQUARE FOOT OFFICE INSTEAD OF THE HOTEL.

BUT I THINK THE OFFICE IS GONNA COME TO, UM, I, YEAH, I THINK IT'S IN THEIR, IN THEIR BENEFIT TO BUILD IT, NOT TO LEAVE IT, UH, EMPTY.

AND I'M ENCOURAGED BY THE FACT THAT THEY WORK IN SO MANY OTHER CITIES IN PARTICULAR, SOME THAT MIGHT WANT TO MOVE TO PLANO AND MIGHT FIND A TENANT FOR THAT OFFICE TOWER FROM OUTSIDE THIS AREA AND BUILD IT TO SUIT ON A LOCATION, AND THEY CAN SELL THE FACT THAT IT'S GOT HOUSING RIGHT THERE WITH IT OWN AND RENT.

UM, SO I, I SEE LOTS OF OF GOOD OPPORTUNITIES FOR THIS, UH, PERSONALLY.

UM, THAT'S WHERE I'M AT.

I MEAN, THERE'S MORE I COULD SAY, BUT I, I SEE THIS AS A GOOD FIT FOR THAT ENTIRE CORNER.

AND I'M REALLY LOOKING AT THIS HOLISTICALLY AND, AND WHAT IT BRINGS TO THE CITY AS A WHOLE IN THAT AREA VERSUS A WHAT DOES IT BRING TO THIS DEVELOPER ON THAT CORNER.

THAT'S MY PIECE, MR. BRENO.

THANK YOU, MR. CHAIRMAN.

WE HAVE A COMPREHENSIVE PLAN.

THE COMPREHENSIVE PLAN IS OUR VISION FOR THE CITY OF PLANO, NOT THE CITY OF SAN JOSE, NOT DOWNTOWN DALLAS, NOT ATLANTA, GEORGIA.

IT IS OUR VISION FOR THE CITY OF PLANO.

THAT COMPREHENSIVE PLAN WAS ADOPTED AFTER A TORTUOUS PROCESS, WHICH MR. BROSY CAN SPEAK TO IN MORE DETAIL THAN I CAN.

CAUSE HE WAS PART OF IT.

BUT I, UH, I'VE, I'VE PICKED UP WHAT A, WHAT A CHALLENGE IT WAS TO GET THAT THING THROUGH.

UM, IF I'M NOT MISTAKEN.

DID, DID, DIDN'T THERE ACTUALLY HAVE TO BE AN ELECTION TO ADOPT IT? NO, NO.

JUSTICE CITY COUNCIL ADOPTED IT AFTER A LONG STUDY PROCESS.

THERE WAS A COMPREHENSIVE PLAN THAT WAS FIRST PUT IN PLACE THAT HAD TO BE REPEALED IN THE REPLACED WITH OUR PRESENT PLAN.

YEAH.

OKAY.

THAT PLAN HAS A VISION FOR CORRIDOR COMMERCIAL REDEVELOPMENT OR, UM, UH, EXPRESSWAY CORRIDOR, FUTURE LAND USE.

AND THAT IS FOR PROJECTS OF MIXED USE AROUND THE CONCEPT OF COMMUNITY, YOU KNOW, PLACE, WHICH IS THE WORD USED IN THE STAFF'S RECOMMENDATION, USES THAT ARE COMPATIBLE WITH EACH OTHER, THAT ARE WALKABLE INTERNALLY, UM, OR WITH BICYCLES, UM, USES THAT REFLECT THE NEEDS OF THE PEOPLE WHO LIVE, PEOPLE WHO CAN LIVE THERE AND POSSIBLY WORK THERE AND POSSIBLY HAVE VARIOUS RETAIL PLACES THEY

[01:30:01]

CAN GO TO.

CONVENIENTLY, THE SURROUNDING RETAIL AREA WAS NOT BUILT TO FORM A COMMUNITY WITH THIS TRACT, BECAUSE WHEN THOSE PROPERTIES CAME INTO BEING, THERE WAS FRY'S ELECTRONICS HERE, NOT ANYBODY'S APARTMENTS.

WHEN THE SURROUNDING AREA WAS BUILT, THERE WAS NOT EVEN AN AURA ONE 90 WHEN THOSE SURROUNDING PROPERTIES WERE BUILT.

COLIN CREEK MALL WAS A MALL, AND IT WAS NOT ABOUT TO BE DEVELOPED INTO SOMETHING ELSE.

THE CHARACTER OF THOSE SURROUNDING PROPERTIES DO NOT FORM A COMMUNITY WITH WHAT IS PROPOSED HERE.

THEY WERE, UM, BECAUSE WHAT WAS PROPOSED HERE WASN'T PROPOSED, AND THERE WAS NO CONFLUENCE OF CONCEPT THERE.

SO WHAT WE HAVE HERE IN THE WAY OF A MIXED USE IS PRIMARILY TWO APARTMENT BUILDINGS, 33, I THINK IT'S 33 SINGLE FAMILY ATTACHED DWELLINGS AND SOME POSSIBILITY OF GETTING AN OFFICE BUILDING.

AND THAT'S THE WAY I SAY IT.

THE F I ASKED MR. WOLF, IF THE MARKET FORCES AND THE FINANCING DON'T LINE UP FOR YOU TO BUILD THE OFFICE BUILDING, AND SINCE IT'S TIED TO PHASE TWO OF THIS PROJECT, WOULD YOU PROCEED WITH PHASE TWO? AND HE IMMEDIATELY SAID NO.

AND THEN HE STARTED COMING ON AFTER THAT AND TALKING ABOUT BEING CREATIVE AND VIBRANCY AND SO FORTH.

AND, YOU KNOW, TRYING TO SALVAGE A CONCEPT HERE.

THE NET UH, THE NET CONCLUSION I DRAW FROM THAT IS GETTING THAT OFFICE BUILDING IS VERY MUCH A QUESTION MARK, AND IT'S VERY MUCH UP IN THE AIR.

IT MAY OR MAY NOT HAPPEN IF IT DOESN'T HAPPEN.

IF IT CAN'T HAPPEN, WE WON'T GET PHASE TWO.

WE WILL NOT GET A VIBRANT CONCEPT.

WE WILL NOT GET ANYTHING CLOSE TO WHAT'S IN SAN DIEGO, ATLANTA, OR DOWNTOWN DALLAS.

WE'RE GONNA GET AN APARTMENT BUILDING IN 33, SINGLE FAMILY, UM, ATTACHED DWELLINGS.

AND THAT'S ALL.

UM, I GRANT YOU THAT THE PLAN DOES CALL FOR EFFECTIVE NOISE MITIGATION, UH, THE INTERIOR OF THE DWELLINGS.

I'M NOT ARGUING THAT IT DOESN'T, BUT OUR COMPREHENSIVE PLAN REQUIRES, YOU KNOW, PROVIDES THAT AREAS WITHIN AN EHA.

ONE AREA GENERALLY IS NOT APPROPRIATE FOR RESIDENTIAL DEVELOPMENT UNLESS THE NOISE LEVELS ARE MITIGATED.

THE NOISE LEVEL OUTSIDE IS NOT MITIGATED.

HE ADMITTED IT'S NOT MITIGATED EVEN WITH THOSE TEMPORARY BERMS. UM, THE, THE PLAZA GREEN, THE 1.4 ACRE AREA IS A FAR CRY FROM THE MINIMAL OUTDOOR AREAS WE LOOKED AT AT THE J PLACE CASE A COUPLE OF MEETINGS AGO, WHICH WERE NOT ACTIVITY CENTERS.

THE PLAZA GREEN IS AN ACTIVITY CENTER.

IT'S DESCRIBED IN HIS, IN HIS APPLICATION AS A, AS USABLE OPEN SPACE.

UH, WE SAW A DRAWING WITH, YOU KNOW, ALL KINDS OF LANDSCAPE PLANTINGS AND TRAILS TO WALK ON.

I ASSUME THERE'D BE PLACES FOR PEOPLE TO SIT AND, YOU KNOW, CARRY ON VARIOUS ACTIVITIES.

IT IS NOT MITIGATED BELOW, UH, BELOW 65 DECIBELS, HE SAID.

SO THERE ARE DRAWINGS SHOWING THE LITTLE ORANGE AND YELLOW CIRCLES ON THE BUILDINGS THAT FACE THAT PLAZA GREEN ARE ABOVE 65 DECIBELS.

IT IS NOT MITIGATED.

I WAS DISTURBED BY THE FACT THAT TWO STUDIES BY THE SAME AUTHORS WORKING FOR THE SAME COMPANIES COMPANY REACHED DIAMETRICALLY OPPOSITE CONCLUSIONS AS TO WHETHER OR NOT THE OFFICE BUILDING AND THE, AND THE PARKING GARAGE WOULD PROVIDE NOISE MITIGATION FROM, FROM THE PRESIDENT GEORGE BOOK BUSH FREEWAY.

HIS ANSWER IS, OH, THIS TIME WE ACTUALLY MEASURED THE HEIGHT OF THE FREEWAY.

I CAN'T BELIEVE THEY DIDN'T TAKE THE HEIGHT OF THE FREEWAY INTO ACCOUNT FROM THE GET-GO IN THE FIRST STUDY.

IT WAS AN OBVIOUS THING TO DO.

I CAN'T SEE HOW THEY MISSED IT.

UM, IN ANY EVENT, THE, THE, THE OPPOSED NATURE OF THOSE CONCLUSIONS CAUSED ME TO, CAUSES ME TO FIND THAT THE CREDIBILITY OF BOTH STUDIES IS SOMEWHAT DIMINISHED AND I DON'T THINK I CAN RELY ON THEM.

SO I THINK SOMETHING BETTER CAN COME ALONG, EXCUSE ME.

WE MAY HAVE TO WAIT FOR IT.

THERE MAY BE OTHER COMMERCIAL USES THAT MIGHT BE VIABLE HERE, THAT MAY COME ALONG IN THE FUTURE.

SOME OTHER BETTER DESIGN CAN COME ALONG.

BUT AS THINGS STAND NOW, MY VOTE IS NO.

THANK YOU.

ANYONE ELSE? SURE.

UM, I'D START OFF BY SAYING THAT, YOU KNOW, THESE GUYS HAVE PROVEN TO BE ABLE TO BUILD WHAT THEY'RE PROMISING MM-HMM.

.

SO, AND, AND I'M SURE THEY CAN.

UM, I HAVE SEVERAL MINOR CONCERNS AND ONE MAJOR CONCERN.

UM, MY MINOR CONCERNS ARE WITH ALL THE

[01:35:01]

APARTMENTS THAT ARE GONNA BE BUILT IN THIS AREA, INCLUDING TWENTY SIX HUNDRED AND THIRTY EIGHT THAT AREN'T BUILT.

UM, KNOWING WHAT I KNOW ABOUT EAST PLANO, I I HAVE SOME CONCERNS ULTIMATELY WITH, UH, SEWAGE AND WATER TREATMENT.

SO, YOU KNOW, I, I HAVE CONCERNS ABOUT THAT.

WE, WE KNOW THAT'S A PROBLEM IN OUR CITY.

HOPEFULLY THAT GETS FIXED, ESPECIALLY FOR THE FOLKS THAT, THAT ARE OUT THAT WAY.

UM, I'M NOT CONVINCED, UH, OR THAT THIS IS GONNA IMPROVE THE QUALITY OF LIFE FOR THE CURRENT RESIDENTS OF THAT AREA.

I'M NOT CONVINCED OF THAT.

UM, I SEE OTHER BENEFITS, BUT I'M, THAT'S N THAT'S NOT SOMETHING I'M CONVINCED OF.

UM, I, UM, YOU KNOW, I THINK IT GETS CHALLENGING SOMETIMES WHETHER WE INCLUDE SURROUNDING AREAS OR NOT WHEN WE'RE LOOKING AT ZONING FOR A PIECE OF PROPERTY.

AND, YOU KNOW, I THINK YOU COULD ARGUE IT A LOT OF DIFFERENT WAYS, BUT I DON'T KNOW HOW MUCH WE SHOULD TAKE THAT INTO ACCOUNT WHEN WE'RE LOOKING AT ONE ZONING, UM, ISSUE.

SO, YEAH, I DON'T KNOW ABOUT THAT.

UM, I THINK THAT THE COMMERCIAL MARKET HERE ULTIMATELY WILL BE OKAY.

AND I, I CITED THAT EARLIER THAT I, ONE OF THE THINGS I'M NOT CONCERNED ABOUT IS THAT, AND I THINK THAT, UM, YOU KNOW, I, I LOOK AT THIS AND TODAY, I, I HAVE TO AGREE WITH COMMISSIONER BRUNHOFF THAT RIGHT NOW THIS IS LARGELY A MULTI-FAMILY PLAY.

THAT'S WHAT IT IS WITH MAYBE SOME OTHER THINGS.

AND AS I LOOK AT THAT PIECE OF PROPERTY THAT SITS AT, YOU KNOW, TWO MAJOR FREEWAYS WITH THE, WITH THE DART APPROXIMATE TO IT AND CLOSE TO DOWNTOWN, UM, YOU KNOW, I, I GUESS I'M OPTIMISTIC THAT AT SOME POINT WE'RE GONNA HAVE SOMEBODY COME IN HERE THAT WANTS TO BUILD ANOTHER CORPORATE HEADQUARTERS.

AND THESE 19.1 ACRES HERE, I THINK IS REALLY WELL SUITED FOR THAT.

I THINK THE ACCESS IS GOOD.

YOU KNOW, WE'VE HAD SOME TALK ABOUT ACCESS BEFORE.

I THINK ACCESS IS GOOD.

AND SO, YOU KNOW, UM, I I JUST ULTIMATELY FOR ME, THE MAJOR CONCERN HERE IS, IS THE USE FOR THIS PROPERTY FOR PLANO.

AND YOU KNOW WHAT, PROBABLY, PROBABLY IT'S NOT GONNA HAPPEN TOMORROW, BUT, YOU KNOW, WE'VE GOT A PLAN THAT LOOKS 30, 40 YEARS AHEAD AND I, AND I THINK WE NEED TO TAKE THAT INTO CONSIDERATION.

AND SO, UM, YOU KNOW, I I I THINK I'M GONNA HAVE A HARD TIME SUPPORTING THIS AS IT AS IT'S PRESENTED FOR THOSE REASONS.

THANK YOU.

COMMISSIONER, TO, UM, I JUST WANNA SAY THAT I REALLY APPRECIATE THE COMMISSIONERS, UM, BRUNO AND, AND CARRIE.

YEAH.

TALKING.

I TOTALLY AGREE, WHOLEHEARTEDLY AGREE.

BOTH OF YOU HAVE SAID THAT TO ME.

THIS PROJECT TOTALLY LOOKS LIKE IT'S JUST GONNA BE A MULTI-FAMILY PROJECT.

I'M NOT EVEN COUNTING ON THE COMPONENT, THE RETAIL ORDER OFFICE COMPONENTS TO BE BUILT OR THE COMMERCIAL COMPONENT TO BE BUILT AT ALL.

UM, BUT FROM A REAL ESTATE POINT OF VIEW, LOOKING AT THAT CORNER, LOOKING AT THE ACCESS, LOOKING AT THE, UM, THE, THE, THE, YOU KNOW, THE, THE, THE, THE WHOLE STRUCTURE OF THE AREA, UM, I THINK THE BEST USE OF THAT PROPERTY IS RESIDENTIAL.

UM, I KNOW THERE MIGHT BE A CHANCE THAT IN THE FUTURE, IN SOMETIME THERE'S A HUGE HEADQUARTER WILL MOVE INTO PLANO.

BUT AS, AS WE, AS IT TURNED OUT, AFTER COVID, I, AS EVERYONE HAVE SEEN, THAT EVEN THE LARGE COMPANIES ARE REDUCING THEIR OFFICE SPACES AND, UH, THE, THE OFFICE BUILDINGS ARE SUFFERING.

THE AB ABSORBANT NO ABSORBENCY, UH, RATES ARE GOING DOWN EVERYWHERE.

IT'S NOT JUST PLANO.

IT'S OVERALL IN A COUNTRY, IN OR IN THE WORLD.

SO I'M NOT SURE IF THAT LOCATION IS A GREAT PLACE FOR A HEADQUARTER BUILDING OR ANY COMMERCIAL OR OFFICE BUILDING.

AND I KNOW THAT WE'RE CONCERNED ABOUT HIGH DENSITY, WE'RE CONCERNED ABOUT TRAFFIC, WE'RE CONCERNED ABOUT SEWAGE.

UM, BUT FROM A ZONING AND LAND USE PURPOSES OR POINT OF VIEW, I STILL THINK THAT LAND IS BEST USED AT THIS POINT FOR RESIDENTIAL.

UM, EVEN IF I'M JUST SAYING, EVEN IF THEY BUILD ONLY THOSE TWO APARTMENT BUILDINGS AND LEAVE THE REST OF PROPERTY, UM, PARKS OR JUST GREENERY.

I THINK THAT WILL STILL BE A GOOD ADDITION TO THE CITY.

JUST PERSONAL OPINION.

THANK YOU.

THANK YOU, MR. LYLE.

I SAW YOU REACHING FOR YOUR, AS I LOOK AT THIS PROJECT, AS SOMEONE WHO LIVES HERE IN EAST PLANO, UM, I LOOK AT THE ADJACENT LAND USES, AND I LOOK TO THE EAST AND IT'S MULTI-FAMILY.

I LOOK TO THE EAST OF THAT SITE, AND IT JUST GOT APPROVED FOR MULTI-FAMILY BETWEEN

[01:40:01]

THOSE TWO MULTI-FAMILY SITES AS A BIKE TRAIL THAT LEADS YOU EITHER DIRECTLY INTO CITY LINE OR DIRECTLY NORTH TO OUR DOWNTOWN AREA.

I LOOK TO THE SOUTH AND IT'S MULTIFAMILY IN CITY LINE.

I LOOK JUST TO THE OTHER SIDE OF THE HIGHWAY, AND THERE'S A DOG PARK LITERALLY UNDERNEATH THE HIGHWAY.

THESE, SO AS FAR AS THE PARTICULATE MATTER, I, I DON'T SHARE A CONCERN.

I THINK WE CAN GIVE 'EM AN OBJECTIVE STANDARD THAT THEY CAN MEET ON THE INSIDE OF THEIR APARTMENT THAT PROTECTS AGAINST THE NOISE.

IF YOU KEEP GOING TO THE WEST, IF YOU GO FROM THE EAST SIDE OF 75 TO THE WEST SIDE, THERE'S SOME COMMERCIAL, THERE'S A CHICK-FIL-A, THERE'S A PGA SUPERSTORE, THERE'S A SCHOOL, THERE'S A CHURCH.

BEYOND THAT, WHAT IS IT? IT'S MORE MULTI-FAMILY BEYOND THAT SINGLE FAMILY THAN SINGLE FAMILY.

THEN A U M U DISTRICT WITH MULTI-FAMILY, SINGLE-FAMILY AND OFFICE.

AND SO WHEN I LOOK AT SIMILARLY SITUATED PROPERTIES, I, I, I HAVE TO GIVE THE BENEFIT OF THE DOUBT TO THE DEVELOPER.

UM, I LOOK AT THE PROXIMITY TO THE RED LINE AND THE SILVER LINE.

I DON'T KNOW, WITHOUT REZONING, THERE'S NOT A CLOSER PROPERTY TO A TRAIN STATION AVAILABLE IN EAST PLANO.

UM, MR. BRUNO, YOU BROUGHT UP PART OF THE CONVERSATION THAT YOU HAD WITH MR. WOLF AND THAT HE IMMEDIATELY SAID NO.

THE REASON HE IMMEDIATELY SAID NO IS BECAUSE THERE'S A STIPULATION WITHIN THE PD THAT HE HAD TO GET A CERTIFICATE OF OCCUPANCY.

THE ANSWER HAD TO BE NO.

THE WAY THAT THE QUESTION WAS PHRASED, THE ANSWER WAS NO, BECAUSE HE'S ALREADY RESTRICTED HIMSELF TO BUILDING THAT OTHER COMPONENT BEFORE HE COULD BUILD PHASE TWO.

SO THAT WAS THE REASON FOR HIS IMMEDIATE, NO, I SHARE THE DEVELOPER'S, UH, FRUSTRATION, IF YOU WILL, AND I, I, I'M LABELING HIM AS THAT.

BUT WHEN WE LOOK AT LEGACY WEST, WE HAVE ALL SORTS OF OFFICE AND RESIDENTIAL USES RIGHT AT THE CORNER OF 1 21 AND THE TOLL ROAD.

A LOT OF THE LANGUAGE THAT CAME OUT OF THIS PD CAME FROM PD NUMBER WHAT, ERIC 69 64, WHICH IS MUCH CLOSER TO 1 21 AND THE TOLL ROAD THAN THIS SITE IS.

AND SO I JUST THINK IT'S REALLY IMPORTANT AS A COMMISSION THAT WE'RE TREATING PEOPLE ON AN EQUAL STANDARD.

AND IT, IT IS FRUSTRATING TO ME WHEN I PUT MY DEVELOPER HAT ON THAT IT CAN HAVE THE APPEARANCE.

I, I'M NOT LABELING STAFF AS BEING UNFAIR, BUT THERE'S CERTAINLY THE APPEARANCE TO ME THAT A SITE ON THE WEST SIDE GOT APPROVAL OR A RECOMMENDATION FROM STAFF.

AND THIS ONE DOES NOT.

AND I UNDERSTAND THERE'S DIFFERENCES.

I UNDERSTAND THAT THE COMP PLAN, THERE'S DIFFERENCES.

I WANT TO ADDRESS THE COMP PLAN, THOUGH.

THE COMP PLAN IS A PLAN.

IT WAS A HARD WORK DONE PLAN.

IT'S A PLAN THAT DESERVES RESPECT, BUT IT WAS ONLY A PLAN.

IT'S NOT THE COMP LAW.

THE PLAN ALWAYS LOOKED FORWARD TO A BODY SUCH AS THIS THAT WOULD BE ABLE TO CONTEMPLATE THE DIFFERENT ISSUES AND MAKE A DECISION.

AND SO THAT'S OUR JOB HERE.

IT'S NOT OUR JOB TO LOOK BACK AND GO, OH, WELL, THAT'S WHAT THEY WROTE DOWN.

IT'S OUR JOB TO SAY THIS IS WHAT THEY WROTE DOWN.

BUT WHAT'S THE BEST THING FOR THE FUTURE OF EAST PLANO? AND I THINK THE GUYS HAVE BUILT SOME REALLY FABULOUS THINGS ACROSS THE COUNTRY.

I THINK THAT THIS IS GONNA BE A GOOD USE FOR THE SITE.

AND AS FAR AS QUALITY OF LIFE, I KNOW THAT WAS BROUGHT UP.

I DRIVE BY THIS SITE.

AND SO MY QUALITY OF LIFE IS GONNA IMPROVE WHEN I SEE A VIBRANT PARK AND PEOPLE VERSUS 18 WHEELERS THAT ARE SLEEPING THERE, BECAUSE IT'S JUST AN ABANDONED AREA OF TOWN.

UH, IT'S, IT'S, IT'S HOMELESS, IT'S TRASH.

AND SO WITH, WITH ALL THE ADJACENT LAND USES WITH THE, THE PROXIMITY OF THE CITY LINE, IF YOU GO TO THE U M U DISTRICT, THAT'S OVER BETWEEN ALMA AND CUSTER, THERE WERE 32 SINGLE FAMILY HOMES THAT WERE APPROVED, I DON'T KNOW, FOUR OR FIVE MEETINGS AGO.

THEY'RE 5,000 SOME ODD FEET.

IF THEY WANT TO GO TO RODEO GOAT AND HAVE A HAMBURGER FROM THIS SITE, THEY WOULD MAKE IT ALL THE WAY TO WHOLE FOODS.

THEY WOULD PASS LIKE 18 DIFFERENT RESTAURANT OPTIONS BY THE TIME THEY WENT THE SAME DISTANCE.

AND SO WE, WE, WE HAVE ONE STANDARD FOR A U M U DISTRICT, BUT THEN WHEN, WHEN ALL OF THE MIXED USES ALREADY ESTABLISHED, SOMEHOW THAT STANDARD DOESN'T APPLY.

THIS IS ALREADY A MIXED USE DISTRICT BECAUSE ALL OF THOSE OTHER USES, THERE'S NOT THREE OTHER USES.

THERE'S TONS OF OTHER USES THAT THESE PEOPLE HAVE THE ACCESS TO.

AND SO I WOULD KINDLY ASK THE COMMISSION TO CONSIDER MY THOUGHTS AND CONS, CONSIDER

[01:45:01]

SUPPORTING THIS.

THANK YOU.

SO I GUESS COMMISSIONER O WAS NEXT.

ALL, ALL GOOD THOUGHTS.

UM, AND I AGREE, IT'S, IT'S A COMPLAIN.

IT'S NOT COMP LAW.

UM, I ALWAYS KIND OF TRY AND ANCHOR MYSELF IN THE GUIDING PRINCIPLES, UM, WHEN LOOKING AT THINGS LIKE THIS.

AND, YOU KNOW, DOES THIS MYTH IN MY EYES, PLANO TODAY, DOES IT ENHANCE THE QUALITY OF LIFE IN THE NEAR TERM? I THINK WHAT WE ARE GETTING CAUGHT UP IN IS WHAT IS THERE PRESENTLY, RIGHT? IT'S UGLY , RIGHT? IT'S AS SIMPLE AS THAT.

AND ANYTHING IS GONNA BE BETTER THAN WHAT IS THERE PRESENTLY.

BUT IS THAT IF WE HANDCUFF THE USE OF THAT LAND JUST BECAUSE WE ARE TRYING TO SOLVE A PRESENT ISO, IS THAT THE RIGHT WAY TO GO? RIGHT.

UM, I AGREE WITH THE APPLICANT.

US NOT SETTING AN OBJECTIVE STANDARD FOR MITIGATION FOR INTERNAL PARTICULATE MATTER IS OUR BAD.

AND WE ARE LOOKING AT PERHAPS ADDRESSING THAT AND PUTTING A LITTLE BIT MORE, UM, CONCRETE LANGUAGE, UM, TO GIVE YOU A STEP, UM, TO GO, UM, I WANT SOMETHING IN THAT, IN THAT, UH, CURRENT PIECE OF LAND.

THE GUIDING PRINCIPLES DON'T SEEM TO, IN MY, I SUPPORT THIS AS, UH, AS MUCH AS I WOULD LIKE SOMETHING IN THERE.

UM, BUT I CAN'T TELL YOU WHAT WOULD BE A PERFECT MIX OF USERS THAT, THAT, THAT ADDRESSES ALL OF THESE ISSUES.

UM, I'M, I'M A BIT ON THE FENCE.

UM, ESPECIALLY SINCE WE, IN MY EYES, DID NOT GIVE A STANDARD FOR THEM TO REACH THAT THEY COULD ADDRESS AND LIVE IN EVERYTHING.

A LOT OF THINGS IS VERY SUBJECTIVE, UM, IN THIS AREAS.

BUT JUST MY THOUGHTS FOR THAT.

COMMISSIONER BROSKI, THANK YOU.

SO, AS I HAVE, UM, WORKED ON AND LOOKED THROUGH THIS, I'VE GOT, I DUNNO, SEVEN OR EIGHT ISSUES THAT I'M STRUGGLING WITH.

UH, NUMBER ONE IS THE EHA.

UH, AND ON ONE SIDE, UM, AS I HAVE SAID, I DON'T THINK WE'VE DONE WELL ENOUGH WITH THE, UM, SOUND BECAUSE WE ARE DEALING WITH INTERIOR SOUND AS OPPOSED TO EXTERIOR.

UH, I DO NOT, UH, BELIEVE THAT A SIX FOOT BERM IS GOING TO PROVIDE THE NEEDED, UH, BLOCKAGE FOR, UH, PARTICULATES THAT ARE COMING OFF OF RAISED HIGHWAYS.

UH, NUMBER TWO, UH, THE STAFF HAS MADE IT CLEAR, UH, THEY DON'T SUPPORT OUR G UH, THIS ISN'T FULLY IN COMPLIANCE WITH THE COMPREHENSIVE PLAN.

NOT ON ONE ISSUE, BUT ON THREE DIFFERENT ISSUES.

UH, RGM ONE, UH, RGM FIVE, UH, RGM EIGHT, UH, THE STAFF IS CLEAR THAT THE PROPOSAL DOES NOT INCLUDE ADEQUATE ZONING STANDARDS TO ADDRESS THE POLICIES AND DESIGN ISSUES.

UM, NUMBER FIVE, UH, THE STAFF REPORT MAKES IT CLEAR THAT THE DOWNTOWN VISION AND STRATEGY UPDATE, UH, IS NOT MET.

UM, I THINK THE STAFF HAS LAID OUT, UM, REASONING WHY IT IS NOT FULLY COMPATIBLE WITH THE NEIGHBORHOODS, UH, INCLUDING THE BLOCK DESIGN.

UM, AND FINALLY, WHEN IT COMES TO, UM, THE LOOKING AT, UH, THE COMMERCIAL MARKET, UH, I TEND TO SIDE WITH MR. CAREY AND, UH, MR. O, WHO, UH, BELIEVING, UH, THAT PLANO IS A VERY DIFFERENT COMMUNITY.

AND, UH, UH, I WILL BET MY MONEY ON THE CITY OF PLANO AND PLANO RESIDENCE, UH, OVER, UH, THE NEED TO ADD 260 ODD MULTI-FAMILY

[01:50:01]

HOMES IN AN AREA THAT, UM, THOUGH WE MAY HAVE APPROVED, UH, A ZONING REQUEST RECENTLY THAT, UM, PERMITTED CERTAIN HOUSING TO HAPPEN NEAR THIS.

UM, THE ECONOMIC BENEFIT FOR ME, UM, IN THE FULL UNDERSTANDING OF WHAT WE'RE LOOKING AT, I DON'T, I DON'T BELIEVE THAT ADDING 265 MORE HOMES, UH, THAT ARE MULTI-FAMILY AND 33 THAT ARE SINGLE FAMILY, UM, 435 FEET, SOME OF THE SINGLE FAMILY HOMES AWAY FROM THE ROADWAY.

UM, I THINK THERE ARE PLENTY OF REASONS THAT THIS DOES NOT, UH, FIT FOR THE CITY OF PLANO AND DOES NOT, IN MY VIEW, UM, EXACTLY AS THE STAFF HAS PUT IT.

UM, LOOK AT THE LONG-TERM VISION FOR OUR COMMUNITY.

AND I THINK THE LONG-TERM VISION FOR THE CITY OF PLANO IS STRONG AND SOUND.

AND WE WILL FIND SOMETHING, UH, OF HIGHER QUALITY TO GO INTO THIS.

SO I TEND TO VOTE NO.

SO, UM, A COUPLE OF TIMES IT'S BEEN POINTED OUT ABOUT STAFF'S RECOMMENDED DENIAL.

UM, STAFF'S HANDS ARE SOMEWHAT TIED.

OURS ARE NOT.

THE COMPREHENSIVE PLAN IS A GUIDE.

IT HAS ALWAYS BEEN A GUIDE, WHETHER I SAT ON P N Z TO BEGIN WITH, SET ON COUNSEL OR SET HERE THIS TIME AROUND THE COMPREHENSIVE PLAN, WHICHEVER ONE WE WERE OPERATING UNDER WAS A GUIDE.

UM, SO I I, WHEN WE SAY WE'RE, WE'RE NOT IN COMPLIANCE WITH THESE THREE PARTS OF THE GUIDING PRINCIPLES, UM, THAT'S ALSO SUBJECT TO A BIT OF INTERPRETATION.

CAUSE IT'S NOT BLACK AND WHITE.

MM-HMM.

.

SO THE DEVELOPER SAYS, HEY, WE'RE ADMITTING ALL BUT ONE OR TWO, THAT'S THEIR INTERPRETATION.

STAFF'S GONNA USE PROBABLY A LITTLE MORE BLACK AND WHITE INTERPRETATION.

THAT'S THEIR ROLE.

THAT'S TO HELP US, RIGHT? THEY'RE GONNA KNOW IT BETTER THAN WE DO.

I, I'VE SEEN , I'VE SEEN OTHER PLOTS OF LAND SET EMPTY FOR A LONG TIME, WAITING ON THE RIGHT DEVELOPMENT.

UM, WE DON'T KNOW IN FIVE YEARS FROM NOW, WHETHER OR NOT, UH, TRAFFIC ON THE EXPRESSWAYS WILL BE LESS OR WILL BE QUIETER BECAUSE OF ELECTRIC VEHICLES VERSUS MOTOR DRIVEN PARTICULATE MATTER, EXHAUST FUMES, ET CETERA, MAY BE LESS.

WE, WE DON'T KNOW ANY OF THAT STUFF.

WHAT I KNOW IS THERE IS A, A BIG DEMAND FOR HOUSING IN THIS COMMUNITY, OR DEVELOPERS WOULDN'T WANNA BE BUILDING MORE RESIDENTIAL HERE.

WHAT I BELIEVE IS THAT NEIGHBORING COMMERCIAL SPACES WILL BENEFIT FROM ADDITIONAL PEOPLE LIVING IN THIS AREA VERSUS AN OFFICE.

SO I BELIEVE THAT THIS DOES OPERATE AS A BIT OF A LIFELINE TO SOME OF THEM, NOT ALL OF THEM.

IT HAS TO BE A GOOD VIABLE BUSINESS.

I DO THINK COMMISSIONER ALI, THAT WE NEED TO FIGURE OUT A WAY TO BE MORE OBJECTIVE IN THE INFORMATION OR THE CRITERIA THAT WE GIVE OUR DEVELOPERS.

SO IT'S NOT QUITE AS SUBJECTIVE, RIGHT? BUT I THINK WE HAVE TO BE PRETTY LENIENT WITH THAT BECAUSE TO COMMISSIONER LYLES PART POINT IN ONE AREA OF THE CITY, WE'RE FINE WITH THIS NOISE AND ANOTHER AREA OF THE CITY SUDDENLY, WAIT A SECOND.

SO I, I THINK THERE'S SOME, THERE NEEDS TO BE A BALANCE OR AT LEAST A MORE EVENHANDED APPROACH TO THAT.

EVERY SITUATION'S SLIGHTLY DIFFERENT, BUT, UM, WATER AND SEWER, I WILL TELL YOU THIS, THAT THAT'S ALWAYS BEEN SOMETHING THAT WAS BROUGHT UP ALMOST ANYWHERE.

AND IF YOU HAVE A OFFICE BUILDING, THE DEMANDS ON THAT SYSTEM WILL BE JUST AS GREAT.

UM, SO ANYWAY, COMMISSIONER HILL, COMMISSIONER HILL, I KEEP PROMOTING YOU.

CHAIR HILL.

CHAIR HILL.

I JUST WANNA MAKE ONE COMMENT.

WE, WE KEEP REFERENCING A SEPARATE PROPERTY, AND OBVIOUSLY THAT'S NOT RELATED TO THE REQUEST TONIGHT.

HOWEVER,

[01:55:02]

THAT REQUEST THOSE UNITS WERE ALREADY ALLOWED WITHIN EJ TWO.

MM-HMM.

.

SO THE APPLICANT WAS MOVING THEM WITHIN THE PROPERTY WHEN THOSE WERE INITIALLY APPROVED THROUGH A LARGER ZONING REQUEST.

THAT WAS EVEN BEFORE WE HAD THESE POLICIES IN PLACE WITH THE E H A MM-HMM.

, UM, MAPS AND REQUIREMENTS.

SO ONCE THEY CAME BACK LATER ON AND WANTED TO MOVE THOSE UNITS, THEY MOVED THEM SEVERAL HUNDRED FEET TO THE NORTH.

WE THEN HAD THE OPPORTUNITY TO PROGRAM IN SOME RESTRICTIONS THAT WE DID NOT HAVE THE OPPORTUNITY TO DO PREVIOUSLY.

SO THEY WERE ALREADY WITHIN THOSE EHA DISTRICTS.

RIGHT.

AND MOVING THEM JUST GAVE US THE OPPORTUNITY FOR ADDITIONAL MITIGATION.

I RECALL THAT, BUT THE FOCUS AGAIN ON THE MITIGATION IS INTERIOR, NOT EXTERIOR.

ABSOLUTELY.

RIGHT.

ISN'T THAT ALL ALONG? THAT'S BEEN OUR GOAL.

GOAL.

THE GOAL IS EXTERIOR.

SO THAT, THAT IS WHAT THE POLICY SAYS IS TO ACHIEVE THAT 65 DBA EXTERIOR.

HOWEVER, AS THE APPLICANT MENTIONED, YOU KNOW, DO HAVE, THERE'S MULTIPLE EXTERIOR MITIGATION METHODS, BUT WE ALSO OFFERED, YOU COULD ALSO ADD TO THAT INTERIOR MITIGATION MM-HMM.

.

SO, OKAY.

UM, YEAH, WE'RE BACK.

WE'RE GOING AROUND COMMISSIONER CAREY.

YEAH.

UH, JUST A COUPLE THINGS.

ONE, I WANTED TO MENTION WHAT, UH, WHAT, UH, MR. HILL SAID ABOUT, TO COMMISSIONER LOWS POINT, THESE ARE HAPPENED UNDER DIFFERENT PLANS IN DIFFERENT TIMES.

AND SO I THINK WE NEED TO KEEP THAT IN MIND.

FIRST OF ALL.

UM, THE, THE SECOND THING I WOULD SAY IS, YOU KNOW, WE'RE TALKING ABOUT THIS, THAT, THAT THE COMPREHENSIVE PLAN IS JUST A PLAN.

AND OF COURSE IT IS, BUT IT'S A GOOD PLAN.

YEAH.

AND, AND, AND I THINK IN THIS INSTANCE, UM, THAT WHAT STAFF RECOMMENDED WAS WISE AND I, AND I THINK THEY RECOMMENDED THE WHITE THE RIGHT THING.

AND SO FOR ME, I MEAN, I KNOW OTHER PEOPLE DON'T AGREE HERE, BUT, BUT, BUT I THINK THEY RECOMMENDED GOOD THINGS BASED ON WHAT, WHAT THE PLANT SAYS.

AND I DON'T SEE THAT THEIR HANDS WERE NECESSARILY TIED AND THEY WERE DOING SOMETHING AGAINST THEIR WILL HERE.

AND I'M NOT SUGGESTING ANYBODY SAID THAT.

I'M SAYING WHAT I SAID.

RIGHT.

WHAT I, WHAT I SEE.

AND SO, YOU KNOW, I'M TAKING THAT FOR WHAT IT'S WORTH.

THE FINAL THING, I GUESS, THAT, YOU KNOW, I DON'T KNOW THAT ANYBODY WANTS TO TALK ABOUT THIS, BUT I, I'M CURIOUS ULTIMATELY HOW MANY MULTI-FAMILY APARTMENTS WE WANNA BUILD IN THIS TOWN, BECAUSE WE TALK ABOUT THE NEED FOR HOUSING CONSTANTLY AND AFFORDABLE HOUSING, DEPENDING ON YOUR DEFINITION OF AFFORDABLE HOUSING, THESE ARE NOT GONNA BE AFFORDABLE HOUSING.

AND OH, BY THE WAY, PROBABLY NOTHING NEW THAT GETS BUILT IN PLANO WILL QUALIFY AS AFFORDABLE HOUSING.

OKAY.

SO WE NEED TO KEEP THAT IN MIND AS WE TALK ABOUT WORKFORCE HOUSING, AFFORDABLE HOUSING.

OKAY.

SO WE NEED TO BE HONEST ABOUT THAT, OR AT LEAST OBJECTIVE.

SO, AND, AND, AND FINALLY, I GUESS, I GUESS THAT'S MY POINT.

I MEAN, HOW MANY APARTMENTS DO WE WANT AND WHAT EFFECT WILL IT HAVE ON OUR CITY? AND, AND I DON'T KNOW.

WE ALREADY HAVE, YOU KNOW, AND THAT'S, BY THE WAY, THAT HAS NOTHING TO DO WITH MY VOTE ON THIS.

MINE HAS COMPLETELY TO DO WITH BEST USE, BUT THERE'S, THERE ARE COMMENTS CONSTANTLY ABOUT, YOU KNOW, WE NEED MORE HOUSING AND I KNOW PEOPLE WANT TO MOVE HERE.

WHAT IS P PLANOS OBLIGATION TO CREATE MORE HOUSING? IS IT UNLIMITED? I, YOU KNOW, I DON'T KNOW.

SO ANYWAY, THAT'S ALL I HAVE TO SAY.

COMMISSIONER ROYAL, I, I AGREE.

UH, COMMISSIONER LYLE.

OH, LYLE DID, DID IT.

SHE SAID IT DID TOO.

GUESS WHAT? COMMISSIONER ALI, YOU'RE NEXT.

I'M KIDDING.

GO AHEAD, ERIC.

YOU, YOU MENTIONED THE SITE THAT THE MULTI-FAMILY WAS ALREADY UN APPROVED, THE UNITS WERE ALREADY APPROVED, BUT THEY MOVED CLOSER TO THE HIGHWAY AND THAT GAVE STAFF AN OPPORTUNITY TO ADD STIPULATIONS FOR SAFETY, RIGHT? YES, THAT'S CORRECT.

AND ALL THE SAME STIPULATIONS THAT WERE ADDED ON THAT SITE HAVE BEEN ADDED ON THIS SITE, OR AT LEAST MOST OF THEM? SOME, SOME OF THEM, YES.

WOULD, ARE THERE MORE WE COULD RECOMMEND? UH, I THINK THERE WAS, THERE'S SOME, I, I'D HAVE TO LOOK IT UP.

THERE WERE SOME OTHER LANGUAGE I THINK RELATED TO AIR QUALITY.

I'M TRYING TO REMEMBER.

SO AIR QUALITY VERSUS NOISE.

CORRECT.

I BELIEVE THAT THE NOISE STANDARDS ARE REPLICATED IN THIS REQUEST.

OKAY.

I JUST, FROM OUR EARLIER CONVERSATION, I DID BELIEVE THAT THOSE STANDARDS, A LOT OF THAT LANGUAGE GOT BROUGHT TO THIS, THIS PD, A LOT OF IT DID NOT THE ENTIRETY OF IT.

OKAY.

COMMISSIONER OLEY.

YEAH, I, I I I, THE GUIDELINES ARE PLANO TOGETHER.

I THINK 3.4 SAYS THE, THE PLAN WILL MANAGE GROWTH AND REDEVELOPMENT IN A GRADUAL MANNER, ENSURING CHANGES ARE BENEFICIAL TO NEIGHBORS AND THE SURROUNDING COMMITTEE BASED ON REAL CITY LEVEL DEMAND.

UM, DOES PLANE OR NEED MORE HOUSING? YES.

ARE THERE PLANS TO ADDRESS THAT ALREADY IN PLACE? YOU KNOW, MORE UNITS ARE COMING, COLIN CREEK IS COMING AND WHATEV WHAT HAVE YOU IS COMING.

[02:00:01]

YES.

SO I THINK WE ARE MEETING THOSE GUIDELINES.

UM, I AM AGAIN STILL STUCK ON IS THIS THE BEST USE, UM, OF THAT LAND.

IF WE HAD THE, UM, OBJECTIVE THRESHOLDS IN PLACE, THIS WILL BE AN AUTOMATIC NOTE FOR ME.

LET'S ASSUME THEY DIDN'T MEET THOSE, UM, MITIGATION STANDARDS.

SO I'M TOING BETWEEN, IS THIS THE BEST USE OF THE LAND? UM, DO WE HAVE AN OBLIGATION TO HURRY AND GET SOMETHING QUOTE UNQUOTE BETTER IN THAT SPOT JUST TO REMOVE WHAT IS CURRENTLY THERE? OR DO WE AS A BODY RESERVE THE JUDGMENT TO WAIT, I DON'T KNOW HOW LONG THAT WEIGHT IS FOR REAL CITY LEVEL DEMAND TO DRAW WHAT WILL BE A MUCH BETTER USE FOR THAT SPOT.

AND THAT'S, THAT'S MY, MY BALANCE.

I'VE LEANED TOWARDS THE LADDER, DON'T KNOW WHAT OUR TIMELINE IS.

IS THAT A YEAR, TWO YEARS, THREE YEARS, 10 YEARS? I HAVE NO IDEA.

UM, BUT AS GUARDIANS, SO TO SPEAK, OF THE PLAN, I THINK WE HAVE AN OBLIGATION TO RESIST THE URGE TO GRAB THE FIRST THING OFF THE SHELF.

JUST BECAUSE WHAT IS THERE RIGHT NOW IS NOT, NOT A GOOD USE OF LIFE.

AND I THINK, I THINK THAT'S A FAIR QUESTION, BUT I WOULD SAY, AGAIN, THIS IS THE THIRD PRESENTATION I'VE SEEN ON THIS SITE, AND I VOTED NO ON THE FIRST ONE.

SO THIS ISN'T A RUSH.

THIS WAS FIRST PRESENTATION, AND THAT WAS TWO AND A HALF, THREE YEARS AGO WAS NO, AND IT CONTAINED MULTI-FAMILY CONTAINED SOME OFFICE, BUT THE DESIGN WASN'T RIGHT.

DIDN'T HAVE THE OPEN SPACE LIKE THIS DOES, IT DIDN'T HAVE THIS CONNECTIVITY.

AND THE AREA AROUND HAS CHANGED AS WELL.

SO AGAIN, HOW LONG SHOULD WE WAIT? I, I, I DON'T KNOW.

BUT I, I WOULD, I WOULD CHALLENGE THAT WE'RE RUSHING TO FILL SOMETHING HERE.

IT'S MORE OF A, I FOUND SOMETHING FOR ME PERSONALLY, I FOUND SOMETHING THAT I THINK COMPLIMENTS WHAT'S THERE.

AND TO MR. LYLE'S POINT EARLIER, I MEAN, ALL UP AND DOWN ONE 90, WE HAVE RESIDENTIAL OF DIFFERENT TYPES AND WE HAVE SOME MIXED USE.

SO TO ME, THIS ISN'T UNIQUE IN THAT REGARD.

IT'S JUST HOW DO WE, IS THIS SOMETHING THAT DOES ADD TO THAT AREA? TO COMMISSIONER CAREY'S POINT, NO, WE'RE, WE'RE NOT RESPONSIBLE FOR HOUSING.

EVERYBODY THAT WANTS TO LIVE IN PLANO, WE CAN'T.

UH, THERE'S JUST NO WAY TO DO IT.

RIGHT.

BUT , RIGHT? YEAH.

BUT, BUT IF WE HAVE AN OPPORTUNITY TO PROVIDE ADDITIONAL HOUSING IN CONJUNCTION WITH WHAT I THINK EVENTUALLY WILL BE PROBABLY A VERY NICE COMMERCIAL DEVELOPMENT FROM A VERY REPUTABLE DEVELOPER WITH A STRONG HISTORY OF BUILDING PROJECTS LIKE THIS NEAR, AGAIN, THESE TYPES OF ENVIRONMENTS OR IN THESE TYPES OF ENVIRONMENTS, I JUST DON'T SEE A LOT OF DOWNSIDE TO IT.

AND SO, AND YOUR QUESTION EARLIER, I, I'VE, I'VE WRESTLED WITH THIS OFTEN.

SO IF WE DON'T BUILD THIS, WHAT, WHAT DOES GET BILL HERE? WHO KNOWS, RIGHT? IT COULD BE THAT 10 YEARS FROM NOW SOMETHING JUST LIKE THIS GETS BUILT THERE BECAUSE YOU HAVE A DIFFERENT COMMISSION SETTING HERE AND A DIFFERENT COMMAND ACCOUNT.

WHO KNOWS? IS THIS A GOOD USE OF THAT LAND TODAY, EVEN FOR THE NEXT FIVE YEARS? I THINK IT IS.

SO ANYWAY, COMMISSIONER, UH, ARE YOU DONE OR NO? YOU, YOU'RE DONE.

OKAY.

COMMISSIONER BRONSKI.

UH, I BELIEVE WE'VE PUT FORTH A LOT OF GREAT DISCUSSION ON THIS.

UH, I WOULD BE THE VERY FIRST PERSON TO AGREE THAT THE COMPREHENSIVE PLAN IS SIMPLY THAT A PLAN.

AND, UH, I DO BELIEVE THAT THE STAFF HAS WORKED VERY HARD, UH, TO HONOR THE WORK PUT FORTH BY ALL OF THE CITIZENS.

I DO BELIEVE THAT IT PRESENTS A VISION, A HOPEFUL VISION FOR OUR CITY'S FUTURE.

AND, UH, AS I HAVE LAID OUT, UH, THERE ARE SEVERAL REASONS, UH, I THINK THIS PROPERTY SHOULD BE DECLINED.

AND SO I MAKE A MOTION THAT WE TURN THIS DOWN AND SAY, NO.

I'LL SECOND THAT.

OKAY.

ANY FURTHER DISCUSSION ON THE MOTION? ALL RIGHT.

SO

[02:05:01]

WE HAVE A MOTION BY COMMISSIONER BROSKY WITH A SECOND BY COMMISSIONER CAREY TO DENY AGENDA ITEM ONE A.

SO A VOTE YES IS TO DENY A VOTE.

NO WOULD SAY NO.

YOU'RE, YOU'RE AGAINST THIS MOTION.

IT DOESN'T MEAN THAT YOU'RE IN FAVOR OF APPROVING IT OR ANYTHING, IT JUST MEANS YOU'RE AGAINST THAT PARTICULAR MOTION.

SO YES MEANS YOU'RE GONNA DENY NO MEANS YOU'RE NOT READY TO MAKE THAT CALL YET.

AND THAT MOTION TO DENY CARRIES BY A VOTE OF FOUR TO THREE.

OKAY.

WE NEED A MOTION ON ITEM ONE B.

I MOVE THAT WE DECLINE MOTION ONE B AS WELL.

UH, SO A VOTE YES WOULD BE TO DECLINE IT.

SECOND.

SO I HAVE A MOTION BY COMMISSIONER BROSKY WITH A SECOND BY COMMISSIONER BURNOFF TO DENY, UH, ITEM ONE B AND THAT ITEM IS ALSO CARRIED BY A VOTE OF FOUR TO THREE.

THANK YOU GENTLEMEN.

UM, I GUESS WE'RE MOVING ON TO ITEM TWO.

[2. (DS) Public Hearing - Replat: Plano Tech Center II, Block 1, Lot 2R - Data center on one lot on 14.5 acres located at the southwest corner of Plano Parkway and Shiloh Road. Zoned Research/Technology Center and located within the 190 Tollway/Plano Parkway Overlay District. Project #R2023-008. Applicant: LI Plano, LLC (Administrative consideration)]

AGENDA ITEM NUMBER TWO, PUBLIC HEARING.

REPLAT PLANO TECH CENTER TWO BLOCK ONE LOT TWO R DATA CENTER ON ONE LOT ON 14.5 ACRES, LOCATED AT THE SOUTHWEST CORNER OF PLANO PARKWAY AND SHILOH ROAD ZONED RESEARCH TECHNOLOGY CENTER AND LOCATED WITHIN THE ONE 90 TOLLWAY PLANO PARKWAY OVERLAY DISTRICT.

APPLICANT IS ALLY PLANO, L L C.

THIS IS FOR ADMINISTRATIVE CONSIDERATION.

YOUR MIC IS OFF.

SO I, I DON'T KNOW IF ANYONE ELSE COULD HEAR YOU, BUT TRY THAT AGAIN.

THIS ITEM IS RECOMMENDED FOR APPROVAL AS SUBMITTED.

ANY QUESTIONS FOR STAFF ON THIS ITEM? SEEING NONE, I'LL OPEN THE PUBLIC HEARING.

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

I WILL CLOSE THE PUBLIC HEARING TO FIND DISCUSSION TO THIS.

I'LL MAKE A MOTION THAT WE, UM, APPROVE AS SUBMITTED BY SECOND.

I HAVE A MOTION BY COMMISSIONER KERRY WITH A SECOND BY COMMISSIONER BROSKY TO APPROVE ITEM TWO AS SUBMITTED, PLEASE VOTE.

THAT ITEM CARRIES SEVEN TO ZERO.

ITEM THREE,

[3. (PM) Public Hearing - Replat: Sidney Addition, Block 1, Lot 1R - Used vehicle dealer on one lot on 9.6 acres located on the south side of Plano Parkway, 755 feet east of Fulgham Road. Zoned Light Industrial-1 and located within the 190 Tollway/Plano Parkway Overlay District. Project #R2023-012. Applicant: Asbury TX Auction, LLC (Administrative consideration)]

AGENDA ITEM NUMBER THREE, PUBLIC HEARING.

REPLAT SYDNEY EDITION BLOCK ONE LOT ONE R USED VEHICLE DEALER ON ONE LOT ON 9.6 ACRES LOCATED ON THE SOUTH SIDE OF PLANO PARKWAY.

755 FEET EAST OF FULCRUM ROAD, ZONED LIGHT INDUSTRIAL ONE, AND LOCATED WITHIN THE ONE 90 TOLLWAY PLANO PARKWAY OVERLAY DISTRICT.

APPLICANT IS ASBURY, TEXAS.

AUCTION L L C.

THIS IS FOR ADMINISTRATIVE CONSIDERATION.

THIS ITEM IS RECOMMENDED FOR APPROVAL ESTIMATED, AND I'M HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

ANY QUESTIONS FOR STAFF ON THIS ITEM? MR. BRUNO? YOU'RE MIKE, PLEASE.

YEP.

I'M JUST CURIOUS, THIS IS TO COMBINE TWO, UH, CAR LOTS IN INTO A SINGLE LOT.

IS THAT RIGHT? THAT'S CORRECT.

UM, I'M JUST CURIOUS, WHICH TWO FORMER CAR LOTS ARE INVOLVED HERE? DO YOU HAPPEN TO KNOW? IS IS ONE THE OLD MERCEDES DEALERSHIP OR I'M NOT SURE THE SPECIFICS.

I I DON'T REMEMBER THE COMPANIES AT THIS TIME, THE BRANDS THIS TIME.

SO APOLOGIZE.

OKAY.

I'M JUST CURIOUS.

THANK YOU, MA'AM.

ANY OTHER QUESTIONS FOR STAFF? THANK YOU.

I'LL OPEN THE CORNER.

CARRIE, DO WE HAVE ANY SPEAKERS? NO, WE DO NOT.

I MOVE, WE APPROVE THIS AS SUBMITTED.

SECOND, I HAVE A MOTION BY COMMISSIONER BROSKY, THE SECOND BY COMMISSIONER BRUNO TO APPROVE.

ITEM THREE IS SUBMITTED.

PLEASE VOTE.

THAT ITEM CARRIES SEVEN TO ZERO AGENDA.

ITEM NUMBER FOUR IS ITEMS FOR

[4. (EH) Items for Future Agendas.]

FUTURE AGENDAS.

WE HAVE ANY ITEMS FOR FUTURE AGENDAS? I WOULD LIKE TO BRING BACK THE E H A TOPIC BEFORE WE LET STAFF GO FORWARD AND SPEND MONEY ON ANOTHER REPORT.

UH, TWO MEETINGS AGO WE BROUGHT IT UP.

I SPECIFICALLY ASKED STAFF TO GIVE ME THE INFORMATION SO I COULD EDUCATE MYSELF AND STAFF DID EXACTLY THAT.

BUT THERE WERE FOUR OR FIVE LINKS TO VIDEOS AND THERE WAS 70 PAGES OF A REPORT AND I HAVE JUST NOW GOTTEN THROUGH ALL OF IT.

AND SO BEFORE WE HAVE OUR CITY GO

[02:10:01]

SPEND MORE MONEY ON ANOTHER REPORT, WHEN WE HAVE A REPORT THAT'S FROM 2019, I WOULD LIKE TO HAVE MORE CONVERSATION AROUND THIS DIAS BEFORE WE SPEND THAT MONEY.

I DON'T, I DON'T KNOW THAT ANOTHER REPORT FROM THE SAME CONSULTANT OR A DIFFERENT CONSULTANT CHANGES ANYTHING.

IN OTHER WORDS, IF THE INFORMATION FROM 2019, I MEAN, I, I GUESS ANOTHER QUESTION I HAVE IS, I MEAN, I, I APOLOGIZE TO YOU ALL.

I DIDN'T GET THROUGH ALL THE INFORMATION BEFORE MONDAY'S MEETING.

AND SO NOW HAVING GONE THROUGH A LOT OF IT, I, I JUST THINK THERE'S A LOT MORE CONVERSATION TO BE HAD BEFORE WE GO SPEND MORE MONEY ON A REPORT.

THE CONVERSATION ON 2019, ON THE 2019 REPORT, I MEAN, I THINK IT'S, IT'S, I REALIZE THAT THE COMP PLAN SAYS TO LOOK AT THIS EVERY FIVE YEARS, BUT I THINK LOOKING AT IT DOESN'T NECESSARILY MEAN, OKAY, GO, GO SPEND MORE MONEY AND GET US ANOTHER REPORT ON SOMETHING.

WAS THE INTENTION FOR GETTING THE REHIRING, THE CONSULTANT OR WHATEVER, WAS TO BRING MORE FOCUS ONTO THE PARTICULATES? YES, IT WAS TO EXPLORE IF WE COULD HAVE AN OBJECTIVE THRESHOLD FOR INTERNAL MITIGATION, FOR AN AIR QUOTE FROM AIR QUALITY, WHICH THE 2019 STUDY DOES NOT ADDRESS.

RIGHT.

AND READING THE REPORT, THERE'S JUST NOT A METHOD TO DO THAT BECAUSE OF A LOT OF THE THINGS THAT YOU MENTIONED AT THAT MEETING.

THE AIR, UH, THE, THE WIND DIRECTION, THE VARIABLES, WHETHER IT'S RAIN, RIGHT? THERE'S SO MANY VARIABLES THAT THAT DEALS WITH T WITH EXTERIOR, THAT DEALS WITH EXTERIOR.

AND HE'S TALKING ABOUT, I'M TALKING ABOUT INTERIOR.

SO WE HAVE TWO THRESHOLDS FOR NOISE.

YOU HAVE 65 FOR EXTERIOR AND 45 FOR INTERIOR.

AND THE BUILDING MATERIALS AND WHAT HAVE YOU ARE IN MITIGATION TOWARDS THE INTERIOR.

SIMILARLY, IS THERE SOME MITIGATING FACTOR, EITHER AIR FILTER, MERV QUALITY, THAT, AND I DUNNO WHAT THAT THRESHOLD IS.

IF EXTERIOR IS CONSISTENTLY OVER 72 HOUR PERIOD, A THOUSAND PPM DOES A, A MEV, UM, FILTER CUT THAT BY HALF? IS THAT THE THRESHOLD THAT WE SHOULD BE LOOKING FOR? RIGHT? I THINK IT WILL BE MORE OF A PERCENTAGE KIND OF REDUCTION, RIGHT? SO IF IT'S 2000 PPM AND IT CUTS IT DOWN TO A THOUSAND, THEN IT MEETS THE 50% THRESHOLD.

WHAT IS THAT OBJECTIVE TARGET THAT IT CAN GO AIM FOR? UM, SO THAT WHEN THE GENTLEMAN IS IN FRONT OF US AND HE SAYS HE USES A MER EIGHT, FROM WHAT I KNOW, UM, I USE A MER 15 IN MY HOUSE, BUT I HAVE PARTICULAR HEALTH ISSUES IN MY HOME IS A MERVE.

OKAY? I HAVE NO IDEA.

RIGHT.

THAT'S, THAT WAS THE MAIN TARGET IS GIVE THEM AN OBJECTIVE TARGET TO GO SOLVE FOR, UM, AN OBJECTIVE TARGET THAT IS NOT HONOR US.

RIGHT? PUTTING MER FIFTEENS IN THE THREE 300 UNIT WILL PROBABLY COST UP A JESUS AMOUNT OF MONEY.

DOES THAT MAKE SENSE? SO, BUT IT'S FAIR, YOU KNOW, DOES THAT MAKE SENSE? THAT WAS, THAT WAS THE, MY MAIN PUSH FOR THAT, YOU KNOW, SO I, I JUST WANNA KIND OF CIRCLE BACK AND MAYBE, YOU KNOW, I, I THINK IT WAS MAYBE LAST MEETING OF THE MEETING MEETING BEFORE THOUGH, UH, COMMISSIONER LYLE WAS TALKING ABOUT AND MAYBE IT BLENDS INTO THIS CONVERSATION.

HOW MUCH OF THIS ARE WE REALLY GOING TO TRY TO LEGISLATE AND WHAT IS OUR ROLE IN LEGISLATING SOME OF THOSE THINGS? SO I'M INTERESTED IN HAVING THAT CONVERSATION.

UM, ABSOLUTELY.

OKAY.

I'M JUST, SOUNDS LIKE WE'RE STARTING TO HAVE THE CONVERSATION.

YES.

SO LET'S, LET'S REIGN THIS SIM.

SO I'D MAKE A MOTION, TRY TO FIGURE OUT WHAT WE'RE DOING HERE.

WANNA HAVE A DISCUSSION AROUND THE ENVIRONMENT.

WELL, WE'VE ALREADY ASKED STAFF TO HIRE SOMEBODY, SO, AND DO WE WANT TO HAVE A DISCUSSION AT ONE OF OUR NEXT MEETINGS ABOUT WHETHER OR NOT WE WANT TO TELL STAFF TO HOLD UP? DOES ANYONE ELSE WANT TO HAVE THAT CONVERSATION? I HAVE ONE PERSON, I NEED ANOTHER.

GOOD, YOU KNOW, I, I WILL MAYBE JUST PUT IT ON PAUSE TILL WE DIG A LITTLE BIT DEEPER MAYBE.

OKAY.

SO PLEASE ADD TO A FUTURE AGENDA, A REVISIT OF THE REQUEST FOR AN UPDATED ENVIRONMENTAL STUDY FOR THE CITY.

THANK YOU.

ANYTHING ELSE? OKAY.

NINE 15, WE ADJOURNED.