[00:00:01]
[CALL TO ORDER]
JOINING US THIS EVENING.IT'S NOW SEVEN O'CLOCK AND UH, WE WILL OPEN OUR REGULAR 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 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 ACTUAL OR POLICY INFORMATION.
THE PLANNING AND ZONING COMMISSION MAY CHOOSE TO PLACE THE ITEM ON A FUTURE AGENDA.
PRESIDING OFFICER MAY MODIFY THESE TIMES AS DEEMED NECESSARY.
ANY SPEAKERS ON THIS ITEM? NO, WE DO NOT.
[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.DOES ANYBODY WANNA PULL AN ITEM FROM THE CONSENT AGENDA? I MOVE.
WE APPROVE THE CONSENT AGENDA AS SUBMITTED.
I HAVE A MOTION BY MR. BRONSKI WITH A SECOND BY COMMISSIONER CAREY.
TO APPROVE THE CONSENT AGENDA, PLEASE VOTE THAT ITEM CARRIES EIGHT TO ZERO ITEM ONE ITEMS FOR INDIVIDUAL CONSIDERATION.
PUBLIC HEARING ITEMS, UNLESS INSTRUCTED OTHERWISE BY THE CHAIR SPEAKERS WILL BE CALLED IN THE ORDER.
IN THE ORDER REGISTRATIONS ARE RECEIVED, APPLICANTS ARE LIMITED TO A TOTAL OF 15 MINUTES OF PRESENTATION TIME WITH A FIVE MINUTE REBUTTAL IF NEEDED.
REMAINING SPEAKERS ARE LIMITED TO 30 TOTAL MINUTES OF TESTIMONY TIME WITH THREE MINUTES ASSIGNED PER SPEAKER.
THE PRESIDING OFFICER MAY MODIFY THESE TIMES AS DEEMED NECESSARY.
ADMINISTRATIVE CONSIDERATION ITEMS MUST BE APPROVED IF THEY MEET CITY DEVELOPMENT REGULATIONS.
LEGISLATIVE CONSIDERATION ITEMS ARE MORE DISCRETIONARY EXCEPT AS CONSTRAINED BY LEGAL CONSIDERATIONS.
AGENDA ITEM NUMBER ONE, PUBLIC
[1. (KC) Public Hearing: Zoning Case 2023-006 - Request for a Specific Use Permit for Private Club and Food Truck Park on 0.8 acre located 524 feet north of Park Boulevard and 940 feet east of Preston Road. Zoned Retail. Project #ZC2023-006. Petitioner: Amreit SSPF Preston Gold, LP (Request to table to September 18, 2023)]
HEARING ZONING CASE.REQUEST FOR A SPECIFIC USE PERMIT FOR PRIVATE CLUB AND FOOD TRUCK PARK ON 0.8 ACRE.
LOCATED 524 FEET NORTH OF PARK BOULEVARD AND 940 FEET EAST OF PRESTON ROAD.
PETITIONER IS AMERIT, S S P F, PRESTON GOLD LP.
THIS IS FOR LEGISLATIVE CONSIDERATION.
MEMBERS OF THE COMMISSION, I'M RAH PLANNER WITH THE PLANNING DEPARTMENT STAFF RECOMMENDS THAT THE COMMISSION ACCEPTS THE APPLICANT'S REQUEST TO TABLE THIS ZONING CASE TO, UM, SEPTEMBER 18TH, 2023 PLANNING AND ZONING COMMISSION.
I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
ANY QUESTIONS FOR TAF ON THIS SIDE? I MOVE.
DO WE HAVE ANY SPEAKERS ON THIS ITEM? NO, WE DO NOT.
I'M GONNA CLOSE THE PUBLIC HEARING CONFINED DISCUSSION OF THE COMMISSION.
WE TABLED THIS UNTIL THE 16TH, THE 18TH OF SEPTEMBER, 2023.
I HAVE A MOTION BY COMMISSIONER BROSKY WITH A SECOND BY COMMISSIONER RATLIFF TO TABLE ITEM ONE UNTIL SEPTEMBER 18TH.
AND THAT ITEM CARRIES EIGHT TO ZERO AND YOU'LL READ ITEMS TWO.
[2. (KC) Public Hearing: Zoning Case 2023-013 - Request to rezone 7.9 acres located at the southeast corner of Municipal Avenue and 13th Street from Light Industrial-1 to Planned Development-Downtown Business/Government to allow outdoor commercial amusement as an additional use and to modify development standards including, but not limited to, setbacks, height, and parking. Zoned Light Industrial-1. Project #ZC2023-013. Petitioner: 2022 Plano Luna, LP (Request to table to September 18, 2023)]
NUMBER TWO, PUBLIC HEARING ZONING CASE.REQUEST TO REZONE 7.9 ACRES LOCATED AT THE SOUTHEAST CORNER OF MUNICIPAL AVENUE AND 13TH STREET FROM LIGHT INDUSTRIAL ONE TO PLAN DEVELOPMENT DOWNTOWN BUSINESS GOVERNMENT TO ALLOW OUTDOOR COMMERCIAL AMUSEMENT AS AN ADDITIONAL USE AND TO MODIFY DEVELOPMENT STANDARDS, INCLUDING BUT NOT LIMITED TO SETBACKS, HEIGHT AND PARKING.
PETITIONER IS 2022 PLANO LUNA, LP.
THIS IS FOR LEGISLATIVE CONSIDERATION.
STAFF RECOMMENDS, UM, THAT THE COMMISSION ACCEPTS THE APPLICANT'S REQUEST TO TABLE ZONING CASE 2023 DASH 13 TO SEPTEMBER 18TH, 2023.
PLANNING AND ZONING COMMISSION.
I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
ANY QUESTIONS FOR STAFF ON THIS ITEM? SEEING NONE, THANK YOU VERY MUCH.
DO WE HAVE ANY SPEAKERS ON ITEM TWO? NO, WE DO NOT.
I'LL CLOSE THE PUBLIC HEARING, FIND DISCUSSION OF THE COMMISSION.
WE TABLE THIS ITEM TILL SEPTEMBER 18TH, 2023.
[00:05:01]
BY COMMISSIONER BROSKY WITH A SECOND BY COMMISSIONER ALI TO TABLE ITEM TWO TILL SEPTEMBER 18TH.PLEASE VOTE THAT ITEM CARRIES EIGHT TO ZERO.
AGENDA ITEM NUMBER THREE, PUBLIC
[3. (DS) Public Hearing: Zoning Case 2023-018 - Request to amend Planned Development-37- Retail/Neighborhood Office on 7.8 acres located on the north side of 14th Street, 808 feet east of Los Rios Boulevard to increase the amount of retail square footage. Zoned Planned Development-37-Retail/Neighborhood Office. Project #ZC2023-018. Petitioner: 4301 Development, LP (Request to table to September 18, 2023)]
HEARING ZONING CASE.REQUEST TO AMEND PLAN DEVELOPMENT 37 RETAIL NEIGHBORHOOD OFFICE ON 7.8 ACRES LOCATED ON THE NORTH SIDE OF 14TH STREET.
808 FEET EAST OF LOS RIOS BOULEVARD TO INCREASE THE AMOUNT OF RETAIL SQUARE FOOTAGE.
PETITIONER IS 43 0 1 DEVELOPMENT LP.
THIS IS FOR LEGISLATIVE CONSIDERATION.
STAFF RECOMMENDS THAT THE COMMISSION ACCEPTS, UH, THE APPLICANT'S REQUEST TO TABLE ZONING CASE 20 23 0 18 TO THE UM, SEPTEMBER 18TH, 2023 PLANNING AND ZONING COMMISSION.
I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
ANY QUESTIONS FOR STAFF? SEEING NONE.
DO WE HAVE ANY SPEAKERS ON THIS ITEM? NO, WE DO NOT.
I'LL CLOSE THE PUBLIC HEARING BY DISCUSSION.
I MOVE WE TABLE THIS, THE SEPTEMBER 18TH, 2023.
WHAT IS THIS, THIS ITEM? I'M SORRY,
WE, UH, TABLED THIS ITEM UNTIL SEPTEMBER 18TH, 2023.
MR. OB BROSKY IS THE KING OF CHAIRS TONIGHT.
SO WE HAVE OR MOTIONS? UM, WE HAVE A MOTION BY MR. BROSKY WITH A SECOND BY COMMISSIONER TONG TO, UH, TABLE ITEM THREE.
UH, TO THE SEPTEMBER 18TH MEETING.
AND THAT CARRIES EIGHT TO ZERO.
[4. (JK) Public Hearing - Replat: Villas at Wells Hills, Block B, Lot 17R - One Patio Home lot on 0.2 acre located at the southwest corner of Lorimar Drive and Dubois Drive. Zoned Patio Home. Project #R2023-031. Applicant: Richard Barnett (Administrative consideration)]
NUMBER FOUR, PUBLIC HEARING.REPL BILL IS AT WELLS HILLS BLOCK B LOT 17 R ONE PATIO HOME LOT ON 0.2 ACRE.
LOCATED AT THE SOUTHWEST CORNER OF LOMAR DRIVE AND DUO DRIVE ZONED PA PATIO HOME APPLICANT IS RICHARD BARNETT.
THIS IS FOR ADMINISTRATIVE CONSIDERATION.
MY NAME IS JOHN KIM, PLANNER WITH THE PLANNING DEPARTMENT.
STAFF RECOMMENDS APPROVAL IN THE RELA AS SUBMITTED PREP AVAILABLE FOR QUESTIONS.
ANY QUESTIONS FOR STAFF ON THIS ITEM? MR. CAREY? YOU ARE RELATIVELY NEW.
HOW'S IT GOING SO FAR? IT'S GOING WELL.
DO WE HAVE ANY SPEAKERS ON THIS ITEM? WE HAVE THE APPLICANT ONLINE IF THERE'S ANY QUESTIONS FROM THE COMMISSION.
ARE THERE ANY QUESTIONS FOR THIS APPLICANT? SEEING NONE.
I WILL CLOSE THE PUBLIC HEARING CONFINED DISCUSSION TO THE COMMISSION.
WE APPROVE ITEM NUMBER FOUR AS SUBMITTED.
SO I HAVE A MOTION BY, UH, COMMISSIONER BRUNO WITH A SECOND BY COMMISSIONER LYLE TO APPROVE.
THAT ITEM CARRIES EIGHT TO ZERO.
SHE WAS JUST SITTING THERE LAUGHING.
WE'RE ALL PUSHING OUR BUTTONS THINKING
[5. (DS) Public Hearing - Preliminary Replat & Revised Site Plan: Parker Square, Block 1, Lot 2R - Common area on one lot on 0.5 acre located at the northwest corner of K Avenue and Park Boulevard. Zoned Corridor Commercial. Projects #PR2023-019 and #RSP2023-052. Applicant: Laurie Industries, LLC (Administrative consideration)]
FIVE, PUBLIC HEARING.PRELIMINARY REPL AND REVISED SITE PLAN.
PARKER SQUARE BLOCK ONE LOT TWO R.
COMMON AREA ON ONE LOT ON 0.5 ACRE.
LOCATED AT THE NORTHWEST CORNER OF KAY AVENUE AND PARK BOULEVARD.
ZONE CORRIDOR COMMERCIAL APPLICANT IS LAURIE INDUSTRIES.
THIS IS FOR ADMINISTRATIVE CONSIDERATION.
STAFF RECOMMENDS APPROVAL OF THE PRELIMINARY RECLASS SUBJECT TO ADDITIONS AND OR ALTERATIONS TO THE ENGINEERING PLANS AS REQUIRED BY THE ENGINEERING DEPARTMENT AND FOR THE REVISED SITE PLAN.
STAFF RECOMMENDS APPROVAL AS SUBMITTED.
I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
ANY QUESTIONS FOR STAFF ON THIS ITEM? ALRIGHT, THANK YOU.
DO WE HAVE ANY SPEAKERS? THE APPLICANT IS ONLINE IF THERE ARE ANY QUESTIONS FROM THE COMMISSION.
ANY QUESTIONS FOR THE APPLICANT ON THIS ITEM? ALRIGHT, SEEING NONE, I WILL CLOSE THE PUBLIC HEARING CONFINED DISCUSSION WITH THE COMMISSION.
MR. SORRY, MR. UM, MR. CHAIRMAN, I MAKE A MOTION.
WE APPROVE THE PRELIMINARY RE PLATT SUBJECT TO ADDITIONS OR ALTERATIONS BY THE ENGINEERING PLANS AS REQUIRED BY THE ENGINEERING DEPARTMENT AND APPROVE THE REVISED SITE PLAN AS SUBMITTED.
SO I HAVE A MOTION BY COMMISSIONER RATLIFF WITH A SECOND BY COMMISSIONER BRUNO TO APPROVE ITEM FOUR, SUBJECT TO STAFF'S RECOMMENDATIONS ITEM FIVE, ITEM FIVE.
THAT ITEM CARRIES EIGHT TO ZERO NON-PUBLIC HEARING ITEMS. THE PRESIDING OFFICER WILL PERMIT
[00:10:01]
LIMITED PUBLIC COMMENT FOR ITEMS ON THE AGENDA NOT POSTED FOR A PUBLIC HEARING.THE PRESIDING OFFICER WILL STABLISH ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER REQUESTS, LENGTH OF THE AGENDA, AND TO ENSURE MEETING EFFICIENCY AND MAY INCLUDE A TOTAL TIME LIMIT AGENDA.
[6. (CC) Discussion and Action - Call for Public Hearing: Request to call a public hearing to consider amendments to the Zoning Ordinance to allow temporary emergency shelters during life-threatening weather events. Project #CPH2023-011. Applicant: City of Plano (Administrative Consideration)]
SIX IS DISCUSSION AND ACTION.REQUEST TO CALL A PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE TO ALLOW TEMPORARY EMERGENCY SHELTERS DURING LIFE-THREATENING WEATHER EVENTS.
THIS IS FOR ADMINISTRATIVE CONSIDERATION.
UH, MY NAME IS CONNOR CAMPBELL.
I'M PLANNER HERE IN THE PLANNING DEPARTMENT.
UM, TONIGHT STAFF IS REQUESTING TO, UH, CALL A PUBLIC HEARING TO AMEND THE ZONING ORDINANCE TO ALLOW TEMPORARY EMERGENCY SHELTERS, UH, DURING LIFE-THREATENING OF WEATHER EVENTS.
SO, A LITTLE BIT OF BACKGROUND ON THIS.
UM, THE PLANO OVERNIGHT WARMING ST.
UH, STATION, UH, OPERATES UNDER SPECIFIC USE PERMIT NUMBERED 90, UM, FOR HOUSEHOLD CARE INSTITUTIONS PASSED IN 2018 AND AMENDED IN 2020.
THE SPECIFIC USE PERMIT INCLUDES RESTRICTIONS ON THE NUMBER OF INDIVIDUALS THAT THE WARMING STATION CAN SERVE AND, UH, RESTRICTIONS ON ITS OPERATION OPERATING HOURS.
UM, IT HAS BEEN EXPRESSED TO STAFF THAT THERE, THAT THE NEED HAS GROWN TO EXTEND OPERATING HOURS DUE TO EXTREME WEATHER DURING THE DAY.
UM, PLEASE REFER TO EXHIBIT A IN YOUR PACKET.
UM, FOR THE LETTER OF INTENT FROM THE SALVATION ARMY, WHO IS THE OPERATOR OF THE OVERNIGHT WARMING STATION, UM, UNDER THE CURRENT REGULATORS, UH, REGULATIONS OF THE SPECIFIC USE PERMIT, EMERGENCY OPERATIONS MAY BE FORCED TO TURN INDIVIDUALS AWAY OR BE NON-COMPLIANT WITH THE ZONING ORDINANCE.
STAFF HAS ALSO RECEIVED INTEREST FROM OTHER RELIGIOUS FACILITIES AND NONPROFIT GROUPS TO OPERATE TEMPORARY EMERGENCY SHELTERS DURING INCLEMENT WEATHER.
STAFF ARE PROPOSING AMENDMENTS TO THE ZONING ORDINANCE TO INCLUDE TEMPORARY EMERGENCY SHELTERS PERMITTED IN LIFE-THREATENING WEATHER EVENTS.
UH, AS PART OF THE TEMPORARY ACCESSORY HOUSING SHELTER USE, STAFF RECOMMENDS A CALL FOR PUBLIC HEARING TO AMEND THE ZONING ORDINANCE TO ALLOW TEMPORARY EMERGENCY SHELTERS DURING LIFE-THREATENING EVENTS.
AND I'M AVAILABLE FOR ANY QUESTIONS.
SO TONIGHT WE'RE JUST CALLING A HEARING.
WE'LL HAVE AN OPPORTUNITY TO HAVE DISCUSSION, UH, AROUND THIS TOPIC LATER.
SO DO WE HAVE ANY, UH, QUESTIONS FOR STAFF ON THIS ITEM? MR. BROSKY, CAN YOU TELL ME IS THE, UM, IS THE OUTREACH AS IT'S RELATED TO, UH, US CALLING A PUBLIC HEARING GOING TO BE ANY DIFFERENT FOR THIS PARTICULAR ITEM THAN WE WOULD NORMALLY HAVE FOR, UH, A PUBLIC HEARING THAT WE'RE CALLING? ARE YOU LOOKING TO GET INPUT FROM PEOPLE AROUND SOME OF THE LOCATIONS THAT ARE SEEKING THIS? I THINK WE ARE.
MS. SEBASTIAN, DO YOU HAVE, UM, ACTUALLY, SO THE, THE, UH, PROCESS WOULD BE THE SAME AS FOR ANY OTHER TEXT AMENDMENT? UH, WE WOULD NOTIFY IN THE SAME WAY AS WE'RE, WE'RE NOT PLANNING ANYTHING SPECIAL AT THIS AT THIS TIME.
ARE, ARE WE GONNA HAVE A LIST OF THE LOCATIONS THAT ARE WANTING TO, OR IS IT JUST GONNA BE OPEN TO ANYBODY? IT'S, IT'D BE OPEN TO ANYONE THAT WOULD, UM, MEET THIS, THIS DEFINITION THAT WE END UP WITH THE DEFINITION, ANY STANDARDS THAT GO WITH IT, THAT WE END UP WITH AT, AT THE FINAL, UH, ZONING CASE.
I THINK THAT WAS A GOOD RELEVANT QUESTION REGARDING THE OUTREACH.
'CAUSE WE'RE GONNA CALL IT PUBLIC HEARING, UH, MR. CAREY? YES.
UM, SO MY, MY QUESTION WITH THE, ALTHOUGH IT WOULDN'T SEEM LIKE IT NOW, WINTER IS PROBABLY NOT TOO FAR AWAY.
THAT SEEMS TO MAKE A LOT OF SENSE BASED ON SOME OF THE RECENT THINGS WE'VE HAD HAPPEN HERE IN NORTH TEXAS.
HOW QUICKLY DO WE THINK THIS COULD BE PROCESSED? UM, DO YOU GUYS HAVE ANY IDEA OF TIMELINE ON THIS? I'M JUST CURIOUS DUE TO THE, THE SEASON WE'RE IN RIGHT NOW.
SO, UM, IF YOU RECALL WITH THE, UM, LEGISLATIVE CHANGES THAT WE MADE IN A, THE PREVIOUS MEETINGS AND THAT COUNCIL JUST APPROVED, WE NO LONGER HAVE THE 36 DAY REQUIREMENT THAT WE USED TO HAVE.
UM, AND SO THEREFORE WE CAN ACTUALLY ES UM, MOVE THIS FORWARD EVEN QUICKER.
SO WE, WE MAY BE ABLE TO GET IT FORWARD BEFORE Y'ALL BY OCTOBER 2ND.
UM, AND I THINK APPROVED BY SEEN BY COUNSEL, UM, AT THE END OF OCTOBER.
UM, THAT WOULD BE THE EARLIEST THAT WE WOULD BE ABLE TO MOVE.
UM, MR. RATLIFF, JUST A KIND OF A QUESTION OF WHAT THE, WHAT WE'RE GONNA BE TALKING ABOUT.
ARE YOU TALKING ABOUT CHANGING THE DEFINITION OR CHANGING THE CATEGORIES UNDER WHICH IT'S ALLOWED OR BOTH? WE'RE, WE'RE STILL WORKING THROUGH IT, BUT CURRENTLY THE, THE INTENTION IS TO,
[00:15:01]
UM, KE KEEP THE CATEGORIES AS IS BUT REVISE THE DEFINITION AND ACTUALLY CREATE PROBABLY SOME USE SPECIFIC STANDARDS THAT ALLOW FOR EMERGENCY OPERATIONS.YOU KNOW, MAYBE IT'S WHEN THE CITY MANAGER DIRECTS, UM, BECAUSE OTHER FACILITIES ARE CLOSED.
THAT'S PROBABLY THE BIGGEST ISSUE WE'RE RUN INTO WHERE LIKE THE LIBRARIES AND THE REC CENTERS ARE, ARE CLOSED DURING THE DAY AND THESE SHELTERS COULD FILL IN.
SO, UM, BUT WE WOULD, WE WOULD DO THAT IN BOTH THE DEFINITION AND THE USE SPECIFIC STANDARDS THAT DON'T EXIST RIGHT NOW.
BUT WE WOULD, WE WOULD DRAFT THOSE FOR AS PART OF THE ZONING CASE.
UM, IF WE APPROVE THE REQUEST TO CALL A HEARING, WOULD YOU HAVE A PROPOSED ORDINANCE DRAFTED FOR US TO, TO CONSIDER AT AT THE NEXT MEETING? WHEN IT COMES BEFORE US? UM, WE WOULD TYPICALLY HAVE THE, THE PROPOSED ORDINANCE AT THE TIME OF THE PUBLIC HEARING MM-HMM.
UM, BUT YES, WE WOULD, WE WOULD HAVE THAT LANGUAGE THEN.
UM, THIS IS NOT A PUBLIC HEARING.
DO WE HAVE ANYBODY HERE THAT'S INDICATED? UH, NO WE DO NOT.
WILL THAT MR O BROSKY? I MOVE, WE CALL A PUBLIC HEARING ON THIS ITEM.
SO WE HAVE A MOTION BY COMMISSIONER BROSKY TO CALL A PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE TO ALLOW TEMPORARY EMERGENCY SHELTERS DURING LIFE-THREATENING WEATHER EVENTS.
AND WE HAVE A SECOND BY COMMISSIONER CAREY, PLEASE VOTE THAT ITEM CARRIES EIGHT TO ZERO.
THAT LEAVES ITEMS FOR FUTURE AGENDAS.
ANYTHING FOR FUTURE AGENDA? SEEING NONE, WE ARE ADJOURNED.
OH, WHAT'S THAT? I WOULD LIKE TO ADD A CONVERSATION ABOUT ARTICLE 20 MONITOR RESIDENTIAL ADJACENCY STANDARDS AND HOW THEY'RE APPLIED.
I WOULD LIKE TO ADD THIS CONVERSATION TO OUR NEXT SCHEDULED REGULAR MEETING.
SPECIFICALLY THIS CONVERSATION WOULD REVIEW THE APPLICATION OF RESIDENTIAL ADJACENCY STANDARDS AS APPLIED IN ZONING CASE 2021 DASH ZERO 12 AND THE ADOPTION OF ORDINANCE NUMBER 2021 DASH NINE DASH 26.
THIS REQUEST IS AN APPEAL UNDER SECTION ONE ZERO INTERPRETATIONS WITHIN OUR ZONING ORDINANCE.
CAN YOU GIVE US SOME FEEDBACK ON THAT, MR. HILL? 'CAUSE THAT SEEMS VERY SPECIFIC VERSUS SOMETHING USUALLY IS VERY GENERAL.
SO, UM, I THINK IF WE'RE LOOKING AT A SPECIFIC ZONING CASE THAT'S ALREADY SETTLED, BUSINESS THAT'S BEEN APPROVED, THAT'S GONE THROUGH COUNSEL, IF YOU WANNA LOOK AT ORDINANCE LANGUAGE, WE'RE HAPPY TO BRING THAT FOR YOU.
I THINK REQUESTING IT ON THE NEXT AGENDA IS GONNA BE VERY DIFFICULT.
AS WE TALKED IN OUR PRELIMINARY OPEN MEETING, WE HAVE FOUR ZONING CASES ON THE NEXT AGENDA AS WELL AS THE DISCUSSION ITEM.
SO IF THE COMMISSION WISHES TO DISCUSS THE RESIDENTIAL ADJACENCY STANDARDS, WE DO NEED TO SECOND TO MR. LYLE'S REQUEST.
WE'LL BE HAPPY TO PUT IT ON A FUTURE AGENDA FOR CONSIDERATION.
I JUST CAN'T COMMIT TO A DATE AT THIS TIME.
IT NEEDS TO, NEED TO SEE HOW WE FIT IT INTO OUR PRIORITIES.
BUT IF THAT'S AN ITEM THAT THE COMMISSION WISHES THAT WE PRIORITIZE, WE'D BE GLAD TO DO THAT.
I THINK, I MEAN, IT'S SO SPECIFIC VERSUS BEING SOMETHING GENERAL AND THAT IT'S KIND OF HARD FOR ME TO SAY.
SO I I I DON'T KNOW IF WE WANNA MODIFY.
COMMISSIONER, DO YOU WANT TO GIVE SOME ADDITIONAL BACKGROUND ON WHAT YOU'RE REQUESTING? WHAT, WHAT IS YOUR CONCERN ABOUT THE ADJACENCY STANDARDS? THAT MEANS THAT WE NEED TO HAVE A, A DISCUSSION, HAVE IT ON THE AGENDA AS A DISCUSSION ITEM.
WHAT IS THE PROBLEM? WELL, I MEAN, THERE AT THE END, I SAID THAT IT'S, IT'S AN APPEAL UNDER 1.1100, WHICH BASICALLY I'M APPEALING THE PLANNING DIRECTOR'S DECISION AND HOW THESE RESIDENTIAL ADJACENCY STANDARDS WERE APPLIED TO THESE SPECIFIC ZONING CASES AND THIS SPECIFIC ORDINANCE.
AND SO PART OF THAT CONVERSATION, I WANT TO USE THOSE SPECIFIC INSTANCES AS A EXAMPLE, AS WE LOOK AT THE RESIDENTIAL ADJACENCY STANDARDS SO THAT WE CAN MAKE SURE THAT WE'RE BEING CONSISTENT IN HOW WE'RE APPLYING THEM, ESPECIALLY WITH AS MANY TIMES AS THEY'VE COME BEFORE US.
YEAH, I THINK THE, THE APPEAL, SO FROM THE COMMISSION'S PERSPECTIVE, I DON'T THINK YOU'RE APPEALING HER DECISION.
I THINK YOU WANNA HAVE A DISCUSSION ABOUT OUR STANDARDS AND YEAH.
UM, AND HOW THE CITY, HOW THE STANDARDS ARE WRITTEN AND IF THERE'S CLARITY OR INFORMATION THAT WE CAN PROVIDE YOU RELATED TO THAT, THEN THAT'S SOMETHING THAT, THAT WE COULD DEFINITELY DISCUSS.
SO I THINK THAT'S THE STARTING POINT IS IF YOU'D LIKE TO DISCUSS THE STANDARDS.
LET'S, YEAH, IF YOU HAVE A SECOND, I THINK THAT WOULD BE THE WAY TO DO THIS.
SO IN THAT CASE, I'LL SECOND THEN I WAS GONNA SAY WE, WE DON'T, I DON'T THINK WE COULD, WE NEED TO PUT A DEADLINE ON THIS 'CAUSE IT'S NOT TIME SENSITIVE AND WE HAVE A LOT OF OTHER THINGS GOING ON.
BUT IF THERE IS A REQUEST BY THE COMMISSION OR, OR SOME COMMISSIONERS TO REVIEW OUR RESIDENCE
[00:20:01]
RESIDENTIAL ADJACENCY STANDARDS, I'M FINE WITH THAT.SO STAFF AT SOME POINT, IF YOU WANNA BRING THAT, IT MAY EVEN BE SOMETHING THAT'S PART OF AN UPDATE TO THE PLAN ANYWAY THAT WE NEED.
WE ARE PLANNING ON UPDATING THAT WITH OUR ORDINANCE UPDATES AT LARGE, HOWEVER, THAT WON'T OCCUR FOR A WHILE.
UM, SO IF THIS IS AN ITEM THAT YOU WOULD LIKE TO US TO GET TO MORE IMMEDIATELY, WE'D BE HAPPY TO PUT ON A DISCUSSION.
IT PROBABLY WOULD BE AN OVERVIEW OF THESE ARE THE STANDARDS THAT WE HAVE, UM, AND THEN KIND OF GETTING QUESTIONS AND FEEDBACK FROM THERE AS FAR AS ANY FUTURE CHANGES THAT ARE NEEDED.
UM, BUT I THINK THAT THAT WOULD BE THE STARTING POINT.
IS THAT, IS THAT YOUR WHAT YOU'RE SAYING? YEAH, I WOULD, I WOULD SAY I, I DIDN'T MODIFY MY MODIFY MY MOTION.
AND I BELIEVE IT WAS, IT'S NOT A MOTION, IT'S JUST A REQUEST.
MY REQUEST, AND I BELIEVE IT WAS SECONDED, BUT AS WE'RE JUST HAVING THE DIALOGUE, I WOULD SAY THAT, UM, I WANTED TO RESPOND TO SOMETHING YOU JUST, OH, MY, I GUESS MY FEAR AND WHY I PUT SOMETHING IN THERE SPECIFIC IS THE LAST TIME I WANTED TO TALK ABOUT SOMETHING, WE GOT STUCK ON PRELIMINARY OPEN MEETING AND SHUT DOWN.
AND WHAT I FELT LIKE WAS BEFORE WE REALLY GOT TO DISCUSS IT.
AND SO THAT'S WHY I WANNA PUT IT ON A REGULAR MEETING WHERE WE CAN HAVE A REAL CONVERSATION ABOUT IT.
SO WE HAVE A COUPLE OF COMMISSIONERS THAT WOULD LIKE TO DISCUSS OUR RESIDENTIAL, UH, ADJACENCY STANDARDS.
AND LIKE I SAID, IT'S PART OF A WORK PROGRAM ALREADY.
UM, TO THE EXTENT THAT WE HAVE SOMETHING COMING UP WHERE THIS MAY BE CRITICAL, THEN I WOULD SAY LET'S ACCELERATE IT.
OTHERWISE LET'S NOT SHUFFLE THINGS TOO MUCH, UH, BECAUSE WE DON'T HAVE A, A MAIN ISSUE RIGHT IN FRONT OF US.
SO LET US BRING BACK, WE HAVE A WORK PROGRAM THAT WE'VE BROUGHT BEFORE YOU PREVIOUSLY, SO WE'LL BRING BACK AN UPDATE TO OUR WORK PROGRAM.
AND, UM, AND THEN WE CAN SEE IF THAT'S SOMETHING THAT YOU'D LIKE TO PRIORITIZE AT THE MOMENT, AS I UNDERSTAND IT, WHAT, WHAT BILL'S TALKING ABOUT HERE IS REALLY, UM, HIS CONCERN MAYBE WITH CONSISTENCY, WHICH I, I THINK IF IN FACT THERE'S A CONCERN THERE, WE SHOULD DISCUSS IT AND SO THAT WE CAN BE AS CONSISTENT AND APPLYING THINGS AS POSSIBLE.
I THINK IF THAT'S WHAT HE'S AFTER, WE ALSO NEED TO BE CLEAR OF WHAT THE, THE COMMISSION'S ROLES AND RESPONSIBILITY YOU'RE, YOU'RE REVIEWING DEVELOPMENT PLANS AND APPROVING THOSE ITEMS. THAT'S, THAT'S THE EXTENT OF THE SPORTS, UM, AUTHORITY FOR CONSISTENCY WITH ENFORCEMENT THAT FALLS UNDER OUR PROPERTY STANDARDS DIVISION.
UM, SO THAT'S NOT SOMETHING THAT YOU WOULD REVIEW IF THE REGULATIONS THAT ARE WRITTEN, UH, NEED SOME IMPROVEMENTS OR CHANGES.
THAT'S SOMETHING WE BRING BACK BEFORE YOU.
OKAY, MR. BURNOFF, I'M HAVING DIFFICULTY UNDERSTANDING WHAT THE UNDERLYING PROBLEM IS.
I MEAN, THIS IS BEING THROWN AT ME WITHOUT AS ANY SORT OF CONTEXT THAT I'M UNDERSTANDING.
AND I'M WONDERING IF THIS ISN'T JUST A, A SOLUTION LOOKING FOR A PROBLEM.
UM, AND THINKING BACK ON SOME PRIOR LEGAL EXPERIENCES OF MINE, WHICH I WON'T GO INTO IN DETAIL, THERE ARE CERTAIN PROPERTY USES THAT ENJOY CONSTITUTIONAL PROTECTION.
AND WHEN YOU START TALKING ABOUT RESIDENCY STANDARDS THAT HAVE THE POTENTIAL TO BAN THOSE USES ALTOGETHER, IF THE, IF THOSE STANDARDS ARE TOO STRINGENT, UH, WE MAY BE GETTING INTO A LOT OF LEGAL CONSIDERATIONS.
AND, UM, I I THINK COMMISSIONER LYLE'S CONCERN IS INTERPRETATION OF OUR EXISTING STANDARDS MAY BE MORE SO THAN, UH, THE STANDARDS THEMSELVES, BUT I DON'T THINK YOU CAN HAVE ONE DISCUSSION WITHOUT HAVING THE OTHER.
AND SINCE THAT'S ALREADY A PART OF THE WORK PROGRAM, IT'S REALLY MORE A QUESTION OF DO WE WANT TO JUGGLE OUR WORK PROGRAM IN ORDER TO ACCELERATE THE DISCUSSION? AND I'M NOT SURE THAT'S THAT'S NECESSARY TO MR. LYLE'S CONCERN.
IT IS GOING TO BE SOMETHING WE'LL DISCUSS AT THIS DAAS.
SO WE WILL HAVE THAT OPPORTUNITY TO HAVE THE DISCUSSION.
AND I WOULD JUST ADD MR. BRUNO, THAT ONE OF THE THINGS THAT I FOUND DIFFICULT ABOUT SITTING AT THE DAAS IS THAT, YOU KNOW, I, I CAN'T CALL YOU AND HAVE A CONVERSATION, LIKE OUR CONVERSATIONS ARE SUPPOSED TO HAPPEN HERE PUBLICLY.
AND SO WHILE THE TRANSACTION SOMETIMES IS A LITTLE AWKWARD AND FEELS LIKE A SURPRISE, THIS IS, BUT WHAT THE LAW HAS US DO IS TO BRING IT HERE PUBLICLY.
AND, YOU KNOW, I'M NOT TRYING TO SPRING ANYTHING ON ANYBODY, BUT I THINK THIS IS SOMETHING THAT IS WORTH TALKING ABOUT.
WELL, IT, IT, IT'S GONNA HAPPEN.