Feb 26, 2024 City Council

BE SEATED RIGHT IN FRONT OF ME.

THERE WE GO.

'CAUSE Y'ALL ARE THE, Y'ALL ARE THE STARS OF TODAY.

[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 DISCUSSION BY A COUNCIL MEMBER.

THE CITY MANAGER OR ANY CITIZEN PRESIDING OFFICER WILL ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER.

OH, I'LL MOVE, UH, MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM O.

ITEM O ADOPTION OF AN ORDINANCE TO PROVIDE CERTAIN HERITAGE RESOURCES WITHIN THE CITY OF PLANO AT VALOREM TAX RELIEF AS ALLOWED BY THE HERITAGE TAX EXEMPTION ORDINANCE TO PROVIDE FOR REINVESTMENT INTO THE MAINTENANCE AND LONG-TERM PRESERVATION OF HISTORIC STRUCTURES PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.

I HAVE A MOTION, A SECOND TO APPROVE THE CONSENT AGENDA, PLEASE VOTE WITH THE EXCEPTION OF ITEM O.

MOTION PASSES EIGHT TO ZERO ITEM OI LET HER READ IT.

[(o)

]

BECAUSE THIS IS A HERITAGE PRESERVATION PROGRAM, UH, WE COULD ACTUALLY REIMBURSE THE GENERAL FUND FOR THE PROPERTY TAX LOST WITH HOTEL OCCUPANCY TAX REVENUE, WHICH IS THE REVENUE SOURCE WITH WHICH WE TYPICALLY FUND HERITAGE PRESERVATION.

SO I FULLY SUPPORT THIS PROGRAM AS I HAVE, I GUESS WHAT IS THIS, THE SEVENTH YEAR FOR SOME OF US THAT WE'VE, UH, THAT WE'VE DONE THIS.

BUT, UH, FOR SOME REASON THIS YEAR IT OCCURRED TO ME THAT

[00:05:01]

UH, SINCE HERITAGE PRESERVATION IS ONE OF THE THINGS THAT IS ELIGIBLE FOR HOT REVENUE AND, UH, SINCE, UH, HISTORIC PRESERVATION ENCOURAGES TOURISM TO PLANO.

SO, UM, I THINK IT WOULD BE WISE, UH, EVEN THOUGH IT'S NOT A HUGE AMOUNT OF MONEY FOR US TO REIMBURSE THE GENERAL FUND FOR LOST PROPERTY TAX REVENUE FROM THIS PROGRAM WITH HOTEL OCCUPANCY TAX REVENUE IN THE UPCOMING 24 25 BUDGET.

SO, UH, I MOVE THAT WE APPROVE THIS ITEM WITH ADDITIONAL DIRECTION TO THE STAFF, UH, TO, UH, UH, PREPARE THE 24 25 BUDGET IN SUCH A WAY THAT HOTEL OCCUPANCY TAX IS, UH, REIMBURSING THE GENERAL FUND FOR THE LOST, UH, UH, PROPERTY TAX REVENUE.

AND COUNCILMAN, I THINK YOU ALSO WANTED US TO INCLUDE THAT WITHIN THE RE-ESTIMATE FOR THIS CURRENT YEAR AS WELL.

OH, YES.

THAT WOULD BE, THAT WOULD BE FANTASTIC.

DOUBLE CHECK.

YES, I WILL AMEND MY MOTION TO, UH, INCLUDE WHAT THE CITY MANAGER SAID ABOUT INCLUDING IT IN THE RE-ESTIMATE FOR THE CURRENT 23, 24 YEAR SECOND, IT, INCLUDING BOTH AMENDMENTS.

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

ANY, ANY, UH, I HAVE A MOTION A SECOND.

GO AHEAD, MARIE.

ANY, SO I, I, I JUST HAVE SOME COMMENTS.

I, I, I WOULD LIKE, UM, I MEAN, OBVIOUSLY IF THIS IS GOING TO APPLY, THEN IT SHOULD APPLY TO ALL, UM, HERITAGE TYPE PROJECTS.

AND, AND I, I'M WONDERING WHETHER OR NOT THERE'S SUFFICIENT RESEARCH WITH REGARD TO HOW THE FUNDS ARE ALLOCATED SO THAT IT DOES NOT, UM, I MEAN, I, I DON'T WANNA COME BACK AND SAY, OH MY GOD, AND, YOU KNOW, IF WE ARE DOING IT FOR THIS PROJECT, THEN ARE WE DOING IT FOR EVERYTHING ELSE? AND THEN END UP BEING A SNOWBALL EFFECT FOR, UM, FOR, UM, REIMBURSEMENT FOR, FROM THE HOTEL AND MOTEL TAX.

SO, I, I JUST WANNA MAKE SURE THAT WE ARE, UM, FROM PAGE AS WELL AS FROM MARK THAT THIS, THIS IS SOMETHING THAT, UM, DOES NOT NEED ADDITIONAL ANALYSIS AND RESEARCH PRIOR TO DOING SO, SO WE DON'T, WE DON'T NEED, UH, AN, AN ADDITIONAL ANALYSIS FOR THIS PARTICULAR ACTION, BUT I DO THINK BRINGING BACK AN ANALYSIS AS PART OF THE BUDGET DISCUSSION WOULD BE WISE, SO THAT WE'RE LOOKING AT THE LONG-TERM IMPLICATION OF WHAT THE PRESIDENTS MIGHT BE, UH, FOR THE HOTEL MOTEL AND CONVENTION AND VISITORS OR, OR CONVENTION AND TOURISM, EXCUSE ME, FUND, UH, OVERALL.

SO WE'D BE HAPPY TO BRING THAT BACK AS PART OF THE BUDGET DISCUSSION SO YOU CAN HAVE A, A MORE ROBUST, UM, ANALYSIS AT THAT TIME.

AND I'LL, I'LL SAY I THINK THAT'S A GREAT IDEA TO DO THAT.

AND JUST A, A QUICK RESPONSE TO, TO THE GREAT QUESTION RAISED BY DEPUTY MAYOR PRO TEM TWO, UH, AS WE SAW IN THE PREVIOUS DISCUSSION ABOUT HERITAGE PRESERVATION, UH, OUR HOTEL OCCUPANCY TAX REVENUES ARE NOW OVER $14 MILLION IN THE PRESENT YEAR.

UH, THIS, UH, THIS PROGRAM I BELIEVE IS A LITTLE UNDER A HUNDRED THOUSAND.

AND SO THERE'S CERTAINLY, UH, FUNDING THERE IN THAT 14 MILLION FOR, FOR THIS AMOUNT.

AND WE'VE FREQUENTLY TALKED ABOUT, YOU KNOW, WE'RE LOOKING FOR WAYS TO USE HOTEL OCCUPANCY, TAX REVENUE, UM, TO MEET MORE, I GUESS, YOU KNOW, KIND OF CORE CITY FUNCTIONS.

AND SO REIMBURSING THE GENERAL FUND, WHICH I THINK IS LEGALLY PERMISSIBLE HERE, I CHECKED WITH THE STAFF, UH, BEFORE, BEFORE THE MEETING, UM, YOU KNOW, WOULD BE A WAY TO MAKE SURE THAT, THAT WE ARE, YOU KNOW, FIRST OF ALL, FREEING UP GENERAL FUND FUNDING FOR THOSE CORE CITY FUNCTIONS.

AND THEN ALSO, I THINK THIS IS ACTUALLY THE OUTLIER.

I THINK GENERALLY SPEAKING, HERITAGE PRESERVATION IS CURRENTLY BEING FUNDED THROUGH HOTEL OCCUPANCY TAX REVENUE.

THIS, JUST BECAUSE IT'S A PROPERTY TAX EXEMPTION, HAS BEEN FUNDED THROUGH BASICALLY LOSS OF PROPERTY TAX REVENUE.

BUT IT TURNS OUT WE COULD REIMBURSE THAT SO THAT INSTEAD OF COMING OUTTA THE GENERAL FUND, THIS WOULD LIKE OTHER HERITAGE PRESERVATION PROGRAMS BE FUNDED THROUGH HOTEL OCCUPANCY TAX REVENUE.

GIVEN THAT WE'RE ALWAYS KIND OF SAYING, YOU KNOW, HEY, WHAT, WHAT CAN WE DO MORE WITH HOTEL OCCUPANCY TAX REVENUE? I THINK THIS WOULD BE A WAY TO DO THAT, AND THAT'S WHY I WAS SUGGESTING IT.

BUT I, I AGREE, YOU KNOW, HAVING A, A MORE FULL FLEDGED DISCUSSION DURING THE BUDGET IS A GREAT IDEA.

OKAY, I HAVE A MOTION AND A SECOND TO APPROVE, UH, ITEM O IN THE CONSENT AGENDA, PLEASE VOTE.

MOTION PASSES EIGHT TO ZERO.

NEXT ITEM, PUBLIC

[(1)

]

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

THE PRESIDING OFFICER MAY AMEND THESE TIMES AS DEEMED NECESSARY NON-PUBLIC HEARING ITEMS. PRESIDING OFFICER WILL PERMIT PUBLIC COMMENT FOR ITEMS ON THE AGENDA NOT POSTED FOR A PUBLIC

[00:10:01]

HEARING.

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

SPEAKERS WILL BE CALLED IN THE ORDER.

THE REQUESTS ARE RECEIVED UNTIL THE CUMULATIVE TIME IS EXHAUSTED.

ITEM NUMBER ONE, PUBLIC HEARING IN CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE, 2023 DASH 21 TO AMEND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY ORDINANCE NUMBER 2015 DASH FIVE DASH TWO AS HERETOFORE AMENDED REZONING FIVE ACRES OF LAND LOCATED ON THE WEST SIDE OF ENTERPRISE DRIVE 175 FEET NORTH OF PARK BOULEVARD IN THE CITY OF PLANO, COLLIN COUNTY, TEXAS, FROM CORRIDOR COMMERCIAL TO PLAN DEVELOPMENT, 72 SINGLE FAMILY RESIDENCE ATTACHED, DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY, PROVIDING A PENALTY CLAUSE, A REPEAL CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE.

THIS ZONING CASE, UH, IS ZONING CASE 20 23 21, AND IT IS A REQUEST TO REZONED FIVE ACRES FROM CORRIDOR COMMERCIAL TO A PLAN DEVELOPMENT DISTRICT WITH A BASE ZONING OF SINGLE FAMILY RESIDENCE ATTACHED IN ORDER TO ACCOMMODATE RESIDENTIAL DEVELOPMENT ON THIS PROPERTY.

SO THE SLIDES IN FRONT OF YOU SHOW THE PROPERTY, UH, OUTLINED WITH THE AERIAL VIEW.

UH, YOU CAN SEE IT'S A LONG ENTERPRISE DRIVE, WHICH IS IN THE VICINITY OF PARK BOULEVARD AND US 75.

YOU CAN ALSO SEE THE NOTICE BOUNDARIES, WHICH EXTEND TO ALMA DRIVE TO THE WEST.

UM, THE SURROUNDING LAND USES INCLUDE ADDITIONAL RESIDENTIAL DEVELOPMENT WITH MULTIFAMILY SINGLE FAMILY, AND A VARIETY OF COMMERCIAL USES.

THIS IS THE CONCEPT PLAN THAT'S BEEN SUBMITTED BY THE DEVELOPER.

UH, YOU CAN SEE THERE IS FLOOD PLAIN THAT WILL BE DEVELOPED WITH A PARK TO THE WEST, INCLUDING A TRAIL.

UM, AND THEN THE DEVELOPMENT OF 25 TOWN HOMES, INCLUDING OPEN SPACE AND BUFFERS FROM SURROUNDING USES.

THE COMPREHENSIVE PLAN DOES DESIGNATE THIS PROPERTY AS BOTH NEIGHBORHOOD AND OPEN SPACE NETWORK ON THE FUTURE LAND USE MAP, THE ANALYSIS OF THE FUTURE LAND USE, UH, OF THE COMPREHENSIVE PLAN SHOWS THAT THE FUTURE LAND USE MAP EITHER PARTIALLY MEETS OR MEETS, UM, WITH REGARD TO DESCRIPTION AND PRIORITIES, MIX OF USES AND CHARACTER DEFINING ELEMENTS.

THE TRIGGER, UH, DEFINING POLICY IS TRIGGERED HERE BECAUSE OF THE HEIGHT THAT'S BEING PROPOSED AT THREE STORIES WITH, UH, ADDITIONAL ROOFTOP DECKS.

THIS DOES MEET THE ADDITIONAL MAPS OF THE COMPREHENSIVE PLAN, THE UNDEVELOPED LAND POLICY.

UM, HOWEVER, UH, THERE ARE CONCERNS WITH THE REDEVELOPMENT AND GROWTH MANAGEMENT POLICY DUE TO THE HEIGHT, UM, BUT IT IS NEUTRAL TO ACTION EIGHT.

SO WITH REGARD TO RESIDENTIAL USE, BUILDING HEIGHT AND ADJACENCY AND ACCESS, THERE'LL BE ADDITIONAL CONVERSATION ABOUT THAT IN YOUR STAFF REPORT.

UM, WITH THAT, I WILL, UH, SHOW THE PD STIPULATIONS THAT ARE PROPOSED.

THE APPLICANT IS PROPOSING A MAXIMUM HEIGHT OF THREE STORIES 45 FEET.

TYPICALLY WITHIN THIS ZONING DISTRICT, THE LIMITATION WOULD BE TWO STORIES, 35 FEET.

UM, THEY ARE PROPOSING ADDITIONAL OUTDOOR LIVING AREAS, PATIOS AND ROOF DECKS ABOVE THE THIRD STORY, THAT WOULD BE A MAXIMUM OF 45 FEET IN HEIGHT.

THERE ARE SETBACKS AND LANDSCAPE BUFFERS ASSOCIATED WITH THE, UH, PROPERTY THAT ARE SPECIFIC TO THIS PROPERTY, INCLUDING A WROUGHT IRON FENCE.

THEY'RE ALSO PROPOSING A SIDEWALK WITHIN THE CHISHOLM TRAIL AND ADDITIONAL OPEN SPACE THAT'S COMMITTED TO AS PART OF THE DEVELOPMENT.

WE DID HAVE ONE LETTER OF SUPPORT AND ONE LETTER IN OPPOSITION WITH FROM ADJACENT HOME, UH, PROPERTY OWNERS.

YOU CAN SEE, UH, THE OPPOSITION LETTER JUST BARELY CLIPS

[00:15:01]

THE 200 FOOT NOTICE AREA, SO IT'S PERHAPS A LITTLE HARD TO SEE ON THE VERY UPPER RIGHT SIDE OF THE SCREEN.

AND THEN FURTHER COMMENTS WERE PROVIDED, UM, WITH 15 TOTAL, UH, RESPONSES IN OPPOSITION AND TWO IN SUPPORT.

THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL OF THIS CASE BY A VOTE OF SEVEN TO ZERO.

HOWEVER, UH, DUE TO THE ISSUE OF BUILDING HEIGHT, UM, AND REGIONAL GROWTH MANAGEMENT ACTION, ONE FINDINGS ARE REQUIRED.

SHOULD THE COUNCIL DECIDE TO APPROVE THIS REQUEST, THERE IS A PRESENTATION FROM THE APPLICANT.

AND THAT'S THE END OF MY PRESENTATION.

ANY QUESTIONS FOR STAFF? THANK YOU.

WILL HAVE ACCESS DIRECTLY TO, UH, THOSE RECREATIONAL OPPORTUNITIES.

UM, THE ONLY SPEAKERS WE HAVE ON THIS ARE THE APPLICANT'S THIS EVENING, PHYLLIS GERALD, AND WARREN PACKER.

UH, LADIES AND GENTLEMEN OF THE, UH, P CITY COUNSEL.

MY NAME IS WARREN PACKER.

UM, AND, UH, MY COMPANY IS, UH, PEA CUSTOM HOMES.

WE ARE BUILDING, UH, TWO ALMOST IDENTICAL PROJECTS TO THIS ONE.

ONE, UH, IN FARMER'S BRANCH, UM, NEAR MERCER CROSSING, AND THE OTHER ONE IS, UH, OVERLOOKING LAKE LOUISVILLE.

UH, THEY'VE BEEN VERY SUCCESSFUL.

WE'VE BUILT ALL THROUGH COVID, AND IT'S BEEN A NIGHTMARE THE LAST FEW YEARS.

BUT BOTH THESE PROJECTS HAVE BEEN VERY SUCCESSFUL.

PEOPLE.

THEY'RE LUXURY.

THEY HAVE A PLACE FOR AN ELEVATOR IN EACH UNIT.

THERE'S A ROOFTOP ENTERTAINMENT AREA THAT'S A THOUSAND SQUARE FEET THAT HAS A GLASS WALL ON ONE SIDE, FIVE SIX FOOT TO 10 FOOT WALLS SURROUNDING IT.

SO IT'S KIND OF A PRIVATE UPSTAIRS PATIO WITH A TV, A GRILL, UM, REFRIGERATOR.

UM, AND IF THEY, IF THEY SO CHOOSE AN ELEVATOR.

UM, THESE ARE LARGE UNITS, AND ON A TWO STORY TOWNHOUSE, YOU CAN'T, YOU CAN'T PUT MUCH MORE THAN 1800 TO 2000 SQUARE FEET ON FIRST TWO FLOORS.

SO IF YOU DON'T, YOU HAVE TO GO TO A THIRD FLOOR IF YOU WANT A BIG OPEN KITCHEN FAMILY CONCEPT.

UH, AND THEN THE ROOFTOP DECKS, THEY'RE FLAT ROOFS, AND THE WALL, THE HIGHEST WALL ON THE ROOF IS 10 FEET.

SO, UH, AT 45 FEET, IT'S REALLY, UH, THREE STORIES PLUS THE HEIGHT OF A PERSON.

UM, BUT WE'VE TRIED TO WORK THROUGH ALL THE ISSUES WITH STAFF FOR THE PAST 12 MONTHS, PROBABLY.

WE'VE LOST QUITE A FEW LOTS.

IT'S A VERY DIFFICULT SITE BECAUSE THE SHAPE, UM, AND JUST THE CURVATURE OF, OF THE STREETS, THE FLOODPLAIN, UM, YOU KNOW, HALF OF IT IS FLOODPLAIN THAT HAS, HAS TO BE RECLA RECLAIMED.

BUT, UM, BEYOND THAT, I MEAN, YOU KNOW, WE'VE SOLD 50 OF THESE, UH, IN THE 800 TO 1.3 MILLION IN THE, IN THE PAST FOUR YEARS.

AND THAT THE PRODUCT THAT WE WANT TO BUILD HERE IS, IS THE SAME PRODUCT.

AND, UH, I, I THINK WE HAVE A LITTLE POWERPOINT PRESENTATION OR MAYBE YOU, BUT IF, IF THERE'S ANY QUESTIONS, I'D BE HAPPY TO, HAPPY TO ANSWER 'EM.

GOOD EVENING, COUNSEL.

I'M PHYLLIS GERAL WITH CITY-CENTRIC PLANNING, AND I'VE BEEN WORKING WITH, UH, PEA CUSTOM HOMES AND FAIRVIEW FARM LAND COMPANY ON THIS PROJECT.

AND JUST WANTED TO BRIEFLY GO THROUGH SOME OF OUR, UH, PRESENTATIONS SO YOU CAN, UH, SEE SOME PHOTOGRAPHS OF, OF THE, UH, PRODUCT THAT WE PLAN TO BUILD ON THIS PROPERTY.

MR. PACKER WENT THROUGH SOME OF THE BASICS ABOUT THEIR 25 TOWNHOUSE LOTS.

UH, THEY ARE THREE STORIES WITH ROOF DECKS FOR OUTDOOR LIVING, GENERALLY IN THE 2,800 TO 3000 SQUARE FOOT SIZE.

AND THEN EACH UNIT HAS TWO CAR GARAGE AND PLUS DRIVEWAYS.

IN ADDITION, THERE WILL BE, UH, VISITOR PARKING SPACES ON SITE.

THE, UH, PROXIMITY AND ADJACENCY TO, UH, SPRING CREEK PROVIDES US AN OPPORTUNITY TO PROVIDE DIRECT TRAIL CONNECTION TO CHISHOLM TRAIL.

SO HOMEOWNERS

[00:20:01]

UH, WE DO PLAN TO ALSO PRESERVE AS MANY TREES AS POSSIBLE ON SITE, AND THERE WILL BE AN ONSITE DOG PARK.

AND THIS IS A COLOR RENDERING OF THE LOT LAYOUT, STREET LAYOUT.

THIS IS CONCEPT PLAN, JUST SOME PHOTOS OF THE INTERIORS OF THE TOWNHOUSES, JUST SO YOU CAN SEE, UH, HOW THEY'RE LAID OUT, AND ALSO THE QUALITY OF THE DEVELOPMENT.

AND THEN THE ROOF DECKS.

AND WE'VE HAD A LOT OF DISCUSSION ABOUT ROOF DECKS.

UH, THESE HAVE PROVEN TO BE A VERY ATTRACTIVE, UH, AND DESIRABLE, UH, OFFERING FOR HOMEOWNERS, UH, FOR OUTDOOR LIVING.

AND WE'D CERTAINLY LIKE TO BRING THIS TO PLANO AS WELL AS DAVE, UH, WENT OVER THE PLANNED DEVELOPMENT REQUESTS THAT WE HAVE MADE.

WE ARE TRYING TO ADDRESS THE ADDITIONAL HEIGHT.

WE'RE TRYING TO RESPECT THE RESIDENTIAL ADJACENCY STANDARDS BY INCLUDING SOME MINIMUM SETBACKS FROM THE APARTMENTS TO THE NORTH, AS WELL AS THE COMMERCIAL DEVELOPMENT TO THE SOUTH.

UH, WE ARE PROVIDING ADDITIONAL SCREENING AND FENCING AND HALF COMMITTED TO THE ADDITIONAL HALF ACRE OF OPEN SPACE.

THERE ARE INFILL DEVELOPMENT CHALLENGES WITH THIS PROPERTY, LIKE MOST INFILL, UH, TRACKS.

UH, WE DO HAVE EXISTING CONNECTIONS, THE CONVENIENCE STORE TO THE SOUTH.

UH, THIS WAS INSTALLED SEVERAL YEARS AGO TO PROVIDE ADDITIONAL STACKING AWAY FROM THE ENTERPRISE DRIVE INTERSECTION WITH PARK BOULEVARD.

UH, IT WILL STAY IN PLACE, BUT IT WILL BE MODIFIED TO GET THE DRIVEWAY FURTHER AWAY FROM THE TOWNHOUSES, YET STILL PROVIDE THE NEEDED ACCESS TO BOTH PROPERTIES.

I'LL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

THANK YOU, PHYLLIS.

ANY, ANY QUESTIONS FOR THE APPLICANT? THANK YOU.

ANY OTHER SPEAKERS? ALL RIGHT.

I'LL CLOSE THE PUBLIC HEARING, CONFINE THE COMMENTS TO THE COUNCIL.

MOTION TO APPROVE.

I HAVE A MOTION, A SECOND TO APPROVE.

UH, ITEM NUMBER ONE.

ANY OTHER COMMENTS? YES, PLEASE.

UH, JUST AN OBSERVATION.

UM, WHEN WE TOOK THE VOTE FOR WILLOW BEND, AS COUNCILMAN RICK ELLI RIGHTLY POINTED OUT, UM, THE SPECIFIC REDEVELOPMENT OF WILLOW BEND HAD BEEN CONSIDERED AS PART OF THE COMPREHENSIVE PLAN.

UM, I SEE THIS AS A, A VERY UNIQUE SPOT OF LAND THAT I DON'T THINK ANYBODY CONSIDERED WHEN WE WERE GOING THROUGH THE COMPREHENSIVE PLAN PROCESS.

AND, UH, I CAN SEE WHERE IT WOULD BE DIFFICULT TO DO SOMETHING MEANINGFUL WITH THIS.

AND SO, EVEN THOUGH THIS IS GONNA REQUIRE FINDINGS AS IT DOESN'T CONFORM TO THE COMPREHENSIVE PLAN, I'M IN SUPPORT.

OKAY, ANTHONY, THANK YOU, MR. MAYOR.

JUST SOME, SOME BRIEF COMMENTS.

I COMPLETELY AGREE WITH WHAT COUNCIL MEMBER WILLIAMS SAID.

UH, NOT ONLY IS THIS A UNIQUE CIRCUMSTANCE, BUT THE ONLY THING THAT TRIGGERS THE FINDINGS POLICY HERE IS THE BUILDING HEIGHT BEING 10 FEET HIGHER THAN WHAT WOULD OTHERWISE BE ALLOWED.

AND, UH, YOU KNOW, I LOOKED THROUGH THE, THE 15 OPPOSITIONS THAT CAME IN, AND I DON'T THINK I SAW THE WORD HEIGHT ONCE.

AND SO I DON'T THINK THAT WHAT TRIGGERS THE FINDINGS POLICY IS REALLY WHAT'S OF CONCERN TO ANYBODY.

AND, YOU KNOW, IT IS A UNIQUE CIRCUMSTANCE.

UH, SO I, I THINK IT'S DIFFERENT FROM THE CASE THAT WE LOOKED AT TWO WEEKS AGO FOR THAT REASON.

AND ALSO IN THAT CASE, WE TALKED ABOUT THE NEED FOR MORE SINGLE FAMILY HOUSING IN PLANO AND INCLUDING TOWN HOMES.

AND, AND HERE WE'VE GOT IT.

SO I'M, I'M IN SUPPORT.

WE HAVE A MOTION, A SECOND TO APPROVE.

AGENDA ITEM NUMBER ONE, PLEASE VOTE.

MOTION PASSES EIGHT TO ZERO.

WE'LL TAKE FIVE MINUTES TO, UH, COMPLETE FINDINGS.

YEAH, AND THEY'RE ON THEIR WAY DOWN, .

NUMBER TWO, PUBLIC HEARING IN CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2023 DASH 29 TO AMEND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY.

ALICE IS BRINGING THEM DOWN, SO IT SHOULD BE HERE SHORTLY.

[00:29:21]

OKAY, WE'RE RECONVENED.

NEXT ITEM, ITEM

[(2) Public Hearing and consideration of an Ordinance as requested in Zoning Case 2023-029 to amend the Comprehensive Zoning Ordinance of the City, Ordinance No. 2015-5-2, as heretofore amended, granting Specific Use Permit No. 63 for Electrical Substation on 3.4 acres of land located 1,440 feet west of North Star Road and 940 feet south of Plano Parkway in the City of Plano, Collin County, Texas, presently zoned Research/Technology Center, directing a change accordingly in the official zoning map of the City; and providing a penalty clause, a repealer clause, a savings clause, a severability clause, a publication clause, and an effective date. Petitioner: Plano Property Owner, LP Conducted and adopted Ordinance No. 2024-2-5]

ORDINANCE NUMBER 2015 DASH FIVE DASH TWO IS HERE TO, FOR AMENDED GRANTING SPECIFIC USE PERMIT NUMBER 63 FOR ELECTRICAL SEGREGATION ON 34 ON 3.4 ACRES OF LAND LOCATED 1,440 FEET WEST OF NORTH STAR ROAD AND 940 FEET SOUTH OF PLANO PARKWAY

[00:30:01]

IN THE CITY OF PLANO, COLLIN COUNTY, TEXAS.

PRESENTLY ZONED RESEARCH TECHNOLOGY CENTER DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY, PROVIDING A PENALTY CLAUSE, A REPEAL CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE.

THAT ZONING CASE 29 IS A REQUEST FOR AN SUP ON 3.4 ACRES IN THE RESEARCH TECHNOLOGY DISTRICT.

SO HERE IS THE PROPERTY.

UM, IT IS THE WESTERN PORTION OF A LARGER LOT, AND SO YOU CAN SEE THE NOTICE AREA INCLUDES THE LOT ITSELF, PLUS SOME ADJACENT PROPERTIES, BUT DOESN'T EXTEND OUT TO THE FRONTAGE OF NORTH STAR.

SO THIS GIVES, I THINK, A LITTLE BETTER PERSPECTIVE.

LOOKING AT THE PRELIMINARY SITE PLAN ASSOCIATED WITH THE PROPERTY.

IT IS A DATA CENTER, WHICH IS A USE ALLOWED BY RIGHT ON THIS PROPERTY.

AND THEN THE ELECTRIC SUBSTATION SERVES THE DATA CENTER ON THIS PROPERTY, BUT THERE ARE ELECTRIC TRANSMISSION LINES SHOWN IN BLUE ALONG THE SOUTHERN EDGE OF THE PROPERTY.

AND THEN THOSE ARE THEN CONNECTED TO THE PROPOSED SUBSTATION THAT WOULD SUPPORT THE DATA CENTER USE.

ONE INTERESTING FACT ABOUT THE PROPERTY IS THERE IS FLOODPLAIN IN THIS AREA.

HOWEVER, WE HAVE WORKED VERY CLOSELY WITH THE ENGINEERING DEPARTMENT TO ENSURE THAT WILL NOT BE A COMPLICATION THAT CANNOT BE ACCOMMODATED THROUGH THE ENGINEERING OF THE SITE.

THE PROPERTY IS DESIGNATED EMPLOYMENT CENTERS ON THE FUTURE LAND USE MAP.

IT DOES MEET, THIS REQUEST MEETS THE STANDARDS OF THE COMPREHENSIVE PLAN.

THAT, OR THERE'S NO CHANGE OR IT'S NOT APPLICABLE.

WE'VE HAD NO RESPONSES WITHIN THE NOTICE BOUNDARY OR WITHIN OUR ONLINE RESPONSE MAP TO THIS CASE.

SO THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL OF THIS CASE WITH A VOTE OF SEVEN TO ZERO, AND WE DO NOT REQUIRE FINDINGS ON THIS CASE.

WITH THAT, I'M AVAILABLE FOR QUESTIONS YOU MIGHT HAVE ON THIS ITEM.

ANY QUESTIONS FOR STAFF? OKAY.

WE HAVE TWO SPEAKERS, UM, BOTH REPRESENTING THE APPLICANT THIS EVENING, CAMERON LASSETER AND BILL DAHLSTROM, MAYOR COUNSEL, BILL DAHLSTROM, 2323 ROSS AVENUE.

WE ARE HERE TO ANSWER QUESTIONS.

CAM LAER WITH ALIGNED DATA CENTERS JUST HERE ALSO, BUT AGAIN, JUST BASICALLY HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

BILL.

ANY, ANY QUESTIONS FOR THE APPLICANT REGARDING THE SUBSTATION? THANK YOU.

I'LL CLOSE THE PUBLIC HEARING.

CONFINE THE COMMENTS TO THE COUNCIL, MR. MAYOR.

YEAH.

UM, CLEARLY THE, THERE ARE WITH THE DATA CENTERS THAT ARE SPRINGBOARDING UP THROUGHOUT PLANO, WE'RE GONNA BE LOOKING AT THIS IN FUTURE AGENDA ITEMS ALSO.

SO I HAVE TO SAY I'M IN SUPPORT OF THIS AND I MAKE A MOTION THAT WE MOVE FORWARD AND APPROVE THIS AS PRESENTED.

UH, FOR AGENDA ITEM NUMBER TWO, PLEASE VOTE.

MOTION PASSES EIGHT TO ZERO.

THREE, PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2023 DASH 14 TO AMEND ARTICLE EIGHT DEFINITIONS.

NEXT ITEM, ITEM NUMBER

[(3)

]

ARTICLE 14 ALLOWED USES AND USE CLASSIFICATIONS.

ARTICLE 15, USE SPECIFIC REGULATIONS.

AND ARTICLE 16, PARKING AND LOADING OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY ORDINANCE NUMBER 2015 DASH FIVE DASH TWO AS HERETO FOR AMENDED TO ALLOW COMMERCIAL DRONE HUB, DRONE DELIVERY HUBS AND TO PRO, UH, TO INCLUDE PROVISIONS FOR ADVANCED AIR MOBILITY AIRCRAFT AND PROVIDING A PENALTY CLAUSE, A REPEAL CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE.

THIS ITEM

[00:35:01]

WAS TABLED AT THE OCTOBER 23RD AND NOVEMBER 27TH, 2023 COUNCIL MEETINGS.

ALRIGHT, GOOD EVENING, COUNCIL.

UH, MY NAME IS JORDAN EE.

I'M A INTERIM PLANNING SUPERVISOR IN THE PLANNING DEPARTMENT.

UM, AS MENTIONED, THIS ITEM HAS BEEN TO COUNCIL TWICE BEFORE, UH, IT WAS LAST TABLED IN NOVEMBER 27TH, UH, WITH NO DISCUSSION.

AND, UH, BEFORE THAT, ON OCTOBER THE 23RD, UM, AT THAT OCTOBER 23RD MEETING, COUNCIL DID, UM, REQUEST, UH, ADDITIONAL INFORMATION FROM STAFF THAT WAS INCLUDED IN THE NOVEMBER PACKET, AND AGAIN IN YOUR PACKET FOR, UM, TONIGHT'S MEETING.

AS A REMINDER, IN TERMS OF LOCAL REGULATION, UH, CITIES CANNOT, UM, STEP INTO THE FA A'S JURISDICTION.

WE CANNOT REGULATE THE FLIGHT OF AIRCRAFT, SO THAT MEANS WHERE THE AIRCRAFT FLY, HOW HIGH THEY FLY, THE NUMBER OF FLIGHTS FROM, UM, THE, UM, THE DRONE LOCATION OR THE CONTENTS, UM, CARRIED BY THE AIRCRAFT.

WE ARE ABLE TO USE OUR TYPICAL LAND USE AND ZONING POWERS TO REGULATE THE LOCATION OF HUBS AND OTHER GROUND-BASED FACILITIES, UH, SIMILAR TO THE WAY THAT THE CITY ALREADY REGULATES, UM, HELIPORTS, HELIPADS AND AIRPORTS.

THERE WERE SOME CONCERNS, UM, VOICED BY THE COUNCIL BY ABOUT, UH, PRIVACY.

UM, FOR THE MOST PART, THE CITY CAN'T DO MUCH TO, UM, ALLEVIATE THESE CONCERNS.

UM, AGAIN, THE, UM, FLIGHT OF AIRCRAFT IS REGULATED BY THE FAA, THERE IS SOME REGULATION IN, UM, TEXAS GOVERNMENT CODE 4, 2 3, WHICH CONCERNS THE OPERATION OF UNMANNED AIRCRAFT.

AND, UH, MANY, UM, OPERATORS JUST, UM, HAVE VOLUNTARY BEST PRACTICES IN TERMS OF HOW THEY OPERATE THE AIRCRAFT BECAUSE THEY, OF COURSE, ARE SENSITIVE TO, UM, THE CONCERNS OF THEIR CUSTOMERS AND THE COMMUNITIES THAT THEY OPERATE IN.

UH, OPEN STORAGE AND SCREENING WAS ANOTHER, UH, TOPIC OF HOT DISCUSSION.

UM, IN OUR CURRENT ORDINANCE, UH, OPEN STORAGE IS PROHIBITED IN FRONT OF THE PRIMARY BUILDING IN THE RETAIL AND REGIONAL COMMERCIAL ZONING DISTRICTS.

THIS IS WHERE A LOT OF OUR, UM, LAND USES, WHICH MIGHT MAKE USE OF A DRONE DELIVERY HUB ARE LOCATED.

UM, OUR PROPOSED ORDINANCE, WHICH WOULD INTRODUCE, UH, DRONE DELIVERY HUBS, WOULD ALLOW, UM, OPEN STORAGE LIKE USES WITHIN THE, A DRONE STAGING AREA.

AND THAT AREA COULD BE LOCATED IN FRONT OF THE BUILDING AS A WAY TO, UH, HAVE THESE USES FURTHER AWAY FROM RESIDENTIAL USES, WHICH ARE TYPICALLY BEHIND OUR SHOPPING CENTERS.

ADDITIONAL CONSIDERATIONS, UM, WITH THE USE SPECIFIC STANDARDS, UM, IN FRONT OF YOU TO, UM, AS MENTIONED, WE WOULD ALLOW THE, YOUR OWN STAGING AREA TO BE LOCATED IN FRONT OF THE BUILDING, WHICH IS NOT PERMITTED FOR OPEN STORAGE.

THERE WOULD BE A EXEMPTION FROM ANY SCREENING REQUIREMENTS FOR THE LANDING PADS, AND THE PLANNING AND ZONING COMMISSION WOULD HAVE ADDITIONAL DISCRETION TO COMPLETELY WAIVE THE SCREENING REQUIREMENT WITH THE APPROVAL OF A SITE PLAN THAT CURRENTLY IS NOT AN OPTION AVAILABLE TO THEM IN OUR CURRENT ORDINANCE.

SO IN SUMMARY, UM, THE DRAFT ORDINANCE IN FRONT OF YOU, IT CONTAINS AMENDED DEFINITIONS TO ALLOW ADVANCED AIR MOBILITY AIRCRAFT AIRCRAFT.

THOSE ARE THOSE AIR TAXIS THAT WE TALKED ABOUT BEFORE.

IT WOULD ALSO INCLUDE NEW DEFINITIONS TO ALLOW COMMERCIAL DRONE DELIVERY HUBS AND WOULD ADD USE SPECIFIC STANDARDS, UH, REGULATING, UM, THESE COMMERCIAL DRONE DELIVERY HUBS.

THE INTENT OF THE ORDINANCE IS TO SUPPORT THE MEASURED IMPLEMENTATION OF THESE NEW TECHNOLOGIES IN OUR COMMUNITY TO ADDRESS POTENTIAL IMPACTS ON NEIGHBORING PROPERTIES AND TO MAINTAIN CONSISTENCY, UM, AMONG SIMILAR USES AND STANDARDS ALREADY PRESENT IN OUR ORDINANCE AND OPERATING IN THE CITY.

THE PROPOSED AMENDMENT IS, UH, CONSISTENT WITH THE POLICIES CONTAINED IN THE COMPREHENSIVE PLAN, AND THERE HAVE BEEN NO ADDITIONAL, UM, RESPONSES SINCE THIS WAS LAST BROUGHT FORWARD TO COUNCIL IN NOVEMBER.

SO WE STILL SIT AT, UH, TWO NEUTRAL AND FOUR OPPOSED WITH SIX TOTAL UNIQUE RESPONSES.

UM, THERE WERE, HOWEVER, A COUPLE DUPLICATE RESPONSES AS, UM, UH, CERTAIN ORGANIZA ORGANIZATIONS PROVIDED MULTIPLE COMMENTS TO EACH, UM, TIME THAT THE ITEM WAS AGENDAS THE PLANNING.

AND DON COMMISSION RECOMMENDED APPROVAL OF THIS CASE WITH A VOTE OF SIX TO TWO.

AND I AM HAPPY TO ANSWER ANY OTHER QUESTIONS.

THANK YOU, JORDAN.

ANY ANY QUESTIONS FOR STAFF? GO AHEAD.

UH, THANK YOU, JORDAN.

UH, JUST REAL QUICK QUESTION.

REALLY

[00:40:01]

THE ISSUE WE, WE HAVE HERE, WE CANNOT REGULATE THE FLIGHT.

THAT'S BY FAA, CORRECT? CORRECT.

AND WE ALSO, WE REALLY, THE ONLY OTHER THING WE LOOK AT IS NOISE.

WE HAVE A NOISE ORDINANCE FROM AN OPERATION PERSPECTIVE THAT WE CAN REGULATE.

CORRECT.

SO IT, IT APPEARS RIGHT NOW THAT THE ONLY THING THAT WE'RE FACED WITH IS THE STORAGE CONTAINERS FOR THESE, UH, THESE UAES AND, UM, PLACEMENT OF THOSE AND SCREENING OF THOSE IS, IS THAT CORRECT? IS THAT WHAT WE'RE LOOKING AT HERE? CORRECT.

THAT IS ONE OF THE MAJOR COMPONENTS OF, UM, THE DRAFT ORDINANCE AND HAS BEEN DISCUSSED A LOT IS WHERE THE OPEN STORAGE LOOKING ACTIVITIES, UM, OCCUR ON THE PROPERTY AND WHAT SORT OF REGULATIONS ARE ASSOCIATED WITH THAT, AND WHETHER THEY'RE THE SAME AS WHAT'S REQUIRED FOR OPEN STORAGE TODAY OR IF WE TREAT THEM DIFFERENTLY AS A UNIQUE LAND USE.

AND WHAT WOULD BE THE SECOND ITEM OUTSIDE OF OPEN STORAGE THAT WE WOULD NEED TO ADDRESS IN THE ORDINANCE? UM, WE ALSO HAVE IN THE ORDINANCE, UM, THE LAND USE TABLE.

SO WHERE IT IS AND IS NOT PERMITTED.

SO CURRENTLY I BELIEVE THAT IT'S IN THERE AS, UM, BY RIGHT WHEN IT'S ASSOCIATED WITH A, UM, A PRIMARY RETAILER SERVICE USE.

MM-HMM.

SO TO GET AROUND THAT, WE WOULD'VE TO HAVE AN SUP FOR THAT PARTICULAR PROPERTY.

SO AN SUP WOULD BE, WOULD BE REQUIRED, UM, IF YOU HAVE A DRONE DELIVERY HUB, I FORGET EXACTLY WHAT THE DEFINITION IS, BUT WE SPLIT IT INTO TWO, ONE FOR A SMALL UIS AND ONE FOR LARGE UIS.

SO THE ONE WITH THE LARGER AIRCRAFT WOULD REQUIRE AN SUP, THE ONE WITH THE SMALLER AIRCRAFT WOULD BE BY RIGHT.

UM, AS AN ACCESSORY USE.

SO FOR EXAMPLE, FOR EXAMPLE, AMAZON, WHICH HAS THE LARGER UAS, THEY WOULD HAVE TO HAVE THE SUP, WHEREAS SOMEONE WHO, UH, HAS A, A DRUG STORE DELIVERING MEDICATION, WHICH WOULD HAVE A SMALLER UA, THEY WOULDN'T HAVE TO HAVE AN SUP.

IS THAT CORRECT? CORRECT.

SO THEN FOR THE SMALLER UAS, UM, REALLY THE ONLY THING WE'RE LOOKING AT IS THE STORAGE AND OPEN CONTAINER.

YEAH, THE STORAGE.

UM, AND, UH, YOU HADN'T BROUGHT UP NOISE BEFOREHAND.

THERE IS ALSO A DISTANCE REQUIREMENT FOR HOW FAR THE, THE PAD HAS TO BE FROM RESIDENTIAL DISTRICTS.

WE DO HAVE SEVERAL SPEAKERS ON THIS ITEM.

THE FIRST ONE IS SCOTT SHAMAN, AND HE IS JOINING US VIA ZOOM.

GO AHEAD.

REMAINING FLEXIBLE AND NOT IMPACTING AVIATION SAFETY.

APPRECIATE IT.

UH, MAYOR AND COUNCIL PLEN, I APPRECIATE YOU FOR GIVING ME THE TIME TO SPEAK HERE TODAY.

IT'S GOOD TO SEE YOU AGAIN.

UH, WE'VE DONE A LOT OF WORK SINCE THE ORIGINAL TABLING AND THE SECOND TABLING OF THIS, UH, PLANNING AND ZONING ITEM.

UH, YOU KNOW, WE'RE HAPPY TO HAVE A NUMBER OF COUNCIL MEMBERS OUT FOR IN-PERSON DEMONSTRATIONS TO EXPERIENCE THE FOOTPRINT AS, AS WELL AS THE NOISE AND THE BENEFITS ASSOCIATED WITH THESE OPERATIONS.

UH, MY NAME'S SCOTT STAMAN.

I'M THE DIRECTOR OF GOVERNMENT AFFAIRS FOR A-U-V-S-I, THE ASSOCIATION FOR RECRUIT VEHICLE SYSTEMS INTERNATIONAL.

WE WORK REALLY CLOSELY WITH THE LARGEST COMPANIES PURSUING AND ENABLING DRONE DELIVERY.

WE APPRECIATE THE OPPORTUNITY TO BE HERE BEFORE THE COUNCIL TODAY.

THE PROPOSED ZONING ORDINANCE IN CASE 20 23 0 1 4 IS NOT WORKABLE AS WRITTEN.

WE KNOW THAT A LOT OF WORK HAS GONE INTO PUTTING INTO DRAFTING IT, BUT THERE ARE ALSO MANY CHANGES NEEDED TO MAKE THE ORDINANCE FLEXIBLE ENOUGH FOR THIS EVOLVING SECTOR OF LOGISTICS WHILE ALSO MEETING CONSTITUENT NEEDS.

WE SUGGEST THAT THE ORDINANCE BE REMANDED TO PLANNING AND ZONING SO THAT WE MAY CONTINUE OUR DISCUSSIONS WITH THE TEAM TO CRAFT EITHER CHANGES TO THE EXISTING CODE OR TO THE PROPOSED ORDINANCE ITSELF.

YOU'LL FIND SUGGESTIONS, UH, RED LINE THAT I SENT THEM ALONG TO COUNCIL, SORRY FOR NOT GETTING IT TO THE COMMENT EMAIL, UH, BY FOUR O'CLOCK, BUT OUR SPECIFICS ON THE RED LINES SHOULD BE THERE AND AVAILABLE.

UH, SO THANK YOU AGAIN TO THOSE WHO WERE ABLE TO COME OUT AND MAKE VISITS.

UH, I THINK THEY UNDERSTAND AND WE'RE ABLE TO SEE SORT OF A SMALL VARIETY OF HOW DRONE DELIVERY IS CURRENTLY HAPPENING IN NORTH TEXAS, WHICH HAS BECOME THE EPICENTER FOR INNOVATION AND GROWTH IN INSTANT LOGISTICS IN THE UNITED STATES.

UM, AS WE PREVIOUSLY MENTIONED, SPLITTING ANY PROPOSED ORDINANCE ACROSS WEIGHT CLASSIFICATIONS IS NOT THE RIGHT PATH.

MOST OF THE CURRENT OPERATORS ARE FLYING UNDER PART 1 35, WHICH IS AN FA, A CLASSIFICATION THAT REQUIRES THINGS LIKE MAINTENANCE PROTOCOLS, ENVIRONMENTAL IMPACT REVIEWS, AND SAFETY ASSESSMENTS OF THOSE OPERATIONS.

THE RULES ASSESS THE OVERALL RISK BASED ON MANY FACTORS, NOT JUST THE WEIGHT OF THE AIRCRAFT.

WE'VE ALSO DISCUSSED WAYS TO APPROPRIATELY SCREEN THESE OPERATIONS WHILE

[00:45:01]

CURRENTLY, ONLY ONE OPERATION USES, UH, A METAL FENCE THAT CAN BE PARTIALLY SCREENED WITH REASONABLE MESH, AS WE DISCUSSED WITH COUNCIL MEMBERS TO VISUALLY OBSCURITY OF THE ACCESSORY ITEMS. ANOTHER OPERATION IS BUILT UP AND TORN DOWN EACH DAY, ONLY LEAVING A SMALL GENERATOR ON SITE OUTSIDE OF OPERATIONAL HOURS.

IN OUR DISCUSSIONS WITH COUNCIL, WE WERE TOLD THAT THIS SMALLER FOOTPRINT OPERATION WOULD LIKELY FAIL TO FALL WITHIN THE CURRENT CODE AS REQUIRING SCREENING.

A NEWER CONCEPT THAT IS COMING SINCE THESE DISCUSSIONS HAVE HAPPENED WOULD PLACE AN ACCESSIBLE OPENING ON THE SIDE OF A BUILDING AND ALLOW FOR A CARRIER POD TO BE LOADED WITH NECESSARY ITEMS SECURELY PULLED BACK INTO THE DRONE FOR THE DELIVERY SECONDS.

AND THESE ARE ONLY A HANDFUL OF WAYS WHICH DRONE DELIVERY IS HAPPENING TODAY WITH MANY MORE TO COME.

LESSONS ARE LEARNED, DEMAND GROWS AND FEEDBACK IS RECEIVED BY CITIZENS AND RETAIL PARTNERS AROUND THE WORLD.

FOR THESE REASONS, IT'S NECESSARY THAT ANY ORDINANCE ADDRESSING DRONE DELIVERY DOES SO IN A FLEXIBLE MANNER WITH RESPECT TO FOOTPRINT, PERFORMANCE AND PERMITTING.

HAVING CERTAIN TEAM MEANS THAT OUR OPERATORS AND THE CITY KNOW WHAT TO EXPECT WITH NEW AND ONGOING DEPLOYMENTS AND SITES.

AND WE SENT ALONG THAT CONSOLIDATED RED LINE FOR THE CURRENT PROPOSED ORDINANCE THAT WE THINK MEETS THE NEEDS FOR THE CITY OF PLANO, ALLOWS FOR DRONE DELIVERY TO CONTINUE FOR SAFE AND MEASURED GROWTH.

TEXAS.

THE NEXT SPEAKER IS KELLEN BLOSSOM.

HELLO COUNSEL.

THANK YOU SO MUCH FOR THE OPPORTUNITY TO ADDRESS YOU VERY SHORTLY.

MY NAME IS KELLEN BLOSSOM.

I LEAD PUBLIC POLICY FOR ZIPLINE.

ZIPLINE IS A GLOBAL DRONE DELIVERY COMPANY.

WE OPERATE IN EIGHT DIFFERENT COUNTRIES ON THREE DIFFERENT CONTINENTS AND HAVE DELIVERED ALMOST 10 MILLION PRODUCTS VIA OUR DRONES AND COMPLETED NEARLY A MILLION COMMERCIAL DRONE DELIVERY FLIGHTS.

UH, WE ARE INCREDIBLY APPRECIATIVE OF THE TIME AND EFFORT THAT HAS GONE INTO THIS ORDINANCE.

UNFORTUNATELY, WE ARE, WE ARE COMING A LITTLE LATER TO THE PLANO GAME THAN SOME OF THE OTHERS.

WE JUST DECIDED IN JANUARY, ALONG WITH OUR PARTNER WALMART, THAT WE WANTED TO EXPAND TO THE DFW AREA.

SO UNFORTUNATELY, WE MISSED OUT ON A NUMBER OF THE NEGOTIATIONS AND THE ORDINANCE THAT HAD HAPPENED BEFORE.

AND WE HAVE A VERY SIGNIFICANTLY DIFFERENT OPERATIONAL FOOTPRINT AND INFRASTRUCTURE THAN SOME OF THE OTHER OPERATORS.

SOME OF THEM USE PADS, SOME OF THEM USE TEMPORARY TOWERS.

AS NOTED BY SCOTT, WE PLAN TO BUILD DOCKING STATIONS THAT WILL BE ELEVATED INTO THE BUILDINGS THAT WE ARE SERVING BECAUSE OF THESE CHANGES.

AND BECAUSE UNFORTUNATELY WE WERE LATE TO THE GAME AND WERE NOT ABLE TO PROVIDE FEEDBACK WHEN PLANNING AND ZONING WAS GOING THROUGH THE DRAFTING AND NEGOTIATIONS, WE WOULD RESPECTFULLY ASK THAT YOU SEND THIS BACK TO PLANNING AND ZONING SO THAT WE HAVE AN OPPORTUNITY TO WEIGH IN AND THEN OTHER OPERATORS WHO MIGHT NOT BE HERE TO TODAY, BUT WANT TO SERVE PLANO IN THE FUTURE ALSO HAVE AN OPPORTUNITY TO WEIGH IN SO THAT THIS DOES NOT BECOME A MONTHLY AGENDA ITEM FOR THIS COUNCIL.

UM, AND SO THAT WE CAN GET IT RIGHT ONCE AND FOR ALL AND MAKE SURE THAT WE'RE INCLUDING ALL OF THE FEEDBACK FROM ALL OF THE OPERATORS IN AN OPERATOR AGNOSTIC WAY THAT CAN SERVE PLANO.

TRANSPORTATION OR, UM, OR HAVE SOME ABILITY, ARE NOT ABLE TO DRIVE EVEN.

THE NEXT SPEAKER IS DELBERT AND CRYSTAL CANTU.

HELLO, MY NAME IS, UH, DELBERT CANTU.

UH, MY WIFE AND, UH, SON TRAVIS ARE AT HOME, AND MY DAUGHTER'S HERE WITH ME CRYSTAL, UH, IN DECEMBER, MY SON, UH, TROY, UH, CANTU PASSED AWAY AND HE, HE WAS MY SPECIAL NEEDS SON.

HE HAD, HE LOVED THE, THE DRONE.

UH, HE WAS THE ONE THAT INTRODUCED US TO IT.

WHEN AT, AT WALMART, HE WOULD SEE THE BANNER AND BE POINTING AT THE, AT THE, AT THAT DRONE.

'CAUSE WE HAD DRONES AT PREVIOUS CHRISTMAS AND BE MAKING THE DRONE SIGN AND THE DRONE SOUND.

AND SO WE DECIDED TO GIVE IT A TRY THIS PAST SUMMER.

AND, UH, WE LOVED IT.

UM, WHILE I'M WORKING AT HOME, THE KIDS WOULD ORDER WHATEVER THEY WANTED FOR LUNCH, AND THEN IT WOULD GET DELIVERED LIKE REST.

THEY WOULD LOOK AT TIKTOK AND GET RECIPES, AND THEN THEY WOULD ORDER, THEY WOULD ORDER THINGS TO MAKE SMOOTHIES OR, UM, UH, FOR, OR WHAT THEY WANTED FOR LUNCH, YOU KNOW, SO I DIDN'T HAVE TO GO.

I WAS JUST, I JUST CONTINUED WORKING.

UH, SO THAT WAS REALLY GOOD.

UM, AND ON, UM, UH, AND THEN, UH, ON A PERSONAL, UH, JUST JUST RECENTLY MY CAR BROKE DOWN.

IT'S BEEN A, A LITTLE BIT OF TIME.

UH, AND I WAS AT HOME WANTING A, A DIET COKE.

SO INSTEAD OF WALKING A FEW BLOCKS, I DECIDED JUST TO GO AHEAD AND USE THE, THE DRONE DELIVERY SERVICE.

AND SO THAT WORKED OUT REALLY GOOD.

AND SO, GIVEN ALL THAT, YOU KNOW, MY EXPERIENCE IS I SEE A LOT OF BENEFIT IN THIS FOR PEOPLE WHO, WHO LACK

[00:50:01]

SO YOU WANNA ADD ANYTHING? YES, YES.

WE ARE SO BLESSED TO BE WITHIN THIS, UM, DRONE DELIVERY RANGE.

UM, MY BROTHER TROY LOVED IT, AND WE, WE FOUND MANY, UM, THERE WERE MANY LIKE BENEFITS TO DRONE DELIVERY AND FOR EXAMPLE, PEOPLE WITH DISABILITIES LIKE MY BROTHER, UM, ELDERLY CITIZENS, UM, PEOPLE THAT, THAT DON'T HAVE CARS.

MAYBE YOU HAVE A PARTY SOME LAST MINUTE, UM, YOU KNOW, NEED SOME LAST MINUTE, UM, ITEMS. BUT YEAH, WE SEE LOTS OF BENEFITS IN THIS.

AND LIKE I SAID, WE'RE SO BLESSED TO BE WITHIN THIS RANGE AND WE WOULD REALLY LIKE FOR THIS TO EXPAND SO THAT OTHER PEOPLE CAN SEE THIS IMPACT, NOT JUST, UM, OUR FAMILY.

AND LOOKING AT THE BIG PICTURE, I THINK WE SHOULD DEFINITELY, UM, YOU KNOW, STAY UP TO DATE WITH TECHNOLOGY AND ESPECIALLY, UM, TECHNOLOGY LIKE THIS BECAUSE I SEE THIS AS A STEPPING STONE TO BIGGER AND BETTER THING.

BUT, UM, I DO KNOW THAT DRONE DELIVERY IS HERE TO STAY AND HERE FOR THE BETTER.

SO WE'D LIKE TO THANK YOU FOR YOUR TIME AND YES, THANK YOU SO MUCH, .

THANK YOU JUSTIN SHORE.

GOOD EVENING COUNSEL.

THANK YOU FOR HAVING ME TODAY.

UM, KENDALL PROSEC FROM WING SENDS HER REGRETS.

SHE'S USUALLY HERE INSTEAD OF ME, BUT I'M REALLY, REALLY HAPPY TO BE IN FRONT OF YOU.

MY NAME IS JUSTIN SHORE.

I'M THE CHIEF OF STAFF TO WINGS POLICY, UH, FLIGHT OPERATIONS, AND UN CREWW TRAFFIC MANAGEMENT TEAM.

WE HAVE BEEN HERE, UH, MANY TIMES.

UM, AT THIS POINT, RIGHT WING IS DELIVERING WITHIN THE DFW AREA.

WE ARE INCREDIBLY EXCITED, RIGHT, TO BE IN FRISCO, TO BE IN LEWISVILLE, AND WE REALLY CAN'T WAIT TO COME TO PLANO AT THIS POINT.

UM, I WANTED TO ALSO THANK THE STAFF.

UM, JORDAN HAS BEEN INCREDIBLE AT ANSWERING TONS OF QUESTIONS AND ROLLING THROUGH ALL OF THESE EDITS.

UM, WE ARE NOT THERE YET, THOUGH WE'RE CLOSE, BUT WE'RE NOT THERE YET.

AND ALONG WITH MY, MY COLLEAGUE KELLEN, PRESERVING THAT FLEXIBILITY AS WE MOVE FORWARD, ESPECIALLY WITH SOME OF THOSE SCREENING REQUIREMENTS THAT WE'VE TALKED ABOUT, IS SO HUGE WITH A, WITH A TECHNOLOGY THAT IS STILL EVOLVING AND STILL INNOVATING AND GOING TO GET BETTER RIGHT AS WE MOVE FORWARD.

LIKE YOU SAID, LIKE YOU JUST HEARD, IT'S A STEPPING STONE TO SOMETHING BETTER, TO SOMETHING MORE.

WE FEEL THAT WE CAN GET THIS RIGHT, BUT RIGHT NOW THERE'S A COUPLE MORE EDITS TO PRESERVE THAT FLEXIBILITY AND PRESERVE IT FOR THE REST OF THE INNOVATIVE TECHNOLOGIES AND COMPANIES THAT WANT TO COME IN FOR PLANO.

SO THAT'S WHY, UM, I AM ASKING THAT WE DO REMAND THIS BACK TO PLAN, UH, PLANNING AND COMMISSION, UM, BUT HERE TO ANSWER ANY QUESTIONS.

SO THANK YOU ALL.

THE NEXT SPEAKER IS GRANT GUILLO.

GOOD EVENING COUNSEL.

UH, MY NAME'S GRANT GIT.

I'M THE VICE PRESIDENT OF REGULATORY AFFAIRS AT DRONE UP.

WE ARE CURRENTLY OPERATING IN PLANO, AND WE ARE PLANO AND WE ARE ENJOYING IT.

WE THINK YOUR CONSTITUENTS ARE ENJOYING IT.

WE REALLY HAVE ENJOYED INTERACTING WITH THE PEOPLE.

IT'S A GREAT COMMUNITY AND, UH, I'M HONORED TO BE HERE, SO THANK YOU.

UM, I JUST WANT TO SAY DRONE UP.

WE PUT OUR FULL SUPPORT BEHIND, UH, WHAT THE INDUSTRY IS DOING IN WORKING WITH THE PLANNING AND ZONING COMMISSION TO TRY AND, UH, PROMULGATE AN ORDINANCE THAT ACTUALLY IS GOING TO ACHIEVE THE DUAL GOALS OF FOSTERING TECHNOLOGICAL INNOVATION, WHILE ALSO MAINTAINING THE DIGNITY, UM, AND THE BEAUTIFUL AESTHETICS OF THE PLANO COMMUNITY.

SO THE INDUSTRY AS A WHOLE IS COMMITTED TO WORKING WITH THE PLANNING AND ZONING COMMITTEE.

UM, AS, UH, SOME OF MY CO COLLEAGUES IN THE INDUSTRY HAVE STATED THIS TECHNOLOGY CHANGES CONSTANTLY, AND YOU HAVE THREE DRONE DELIVERY COMPANIES HERE, AND EACH OF US HAVE A DIFFERENT SETUP.

FOR EXAMPLE, UH, DRONE UP THE COMPANY I'M WITH, THE ONLY THING WE HAVE THAT STAYS IN THAT PARKING LOT EVERY DAY WHEN WE LEAVE OUR WALMART HUB IS A GENERATOR.

IT'S NOT REALLY SOMETHING THAT WOULD QUALIFY AS OPEN STORAGE.

SO TRYING TO FIGURE OUT HOW THE ORDINANCE IMPACTS OUR SPECIFIC INFORMATION HAS BEEN, OUR SPECIFIC SITUATION HAS BEEN A LITTLE TRICKY.

BUT NEVERTHELESS, UM, WE ARE VERY COMMITTED TO WORKING WITH THE COUNCIL, WITH THE PLANNING AND ZONING COMMISSION, UH, TO MAKE SURE THAT THERE'S AN ORDINANCE IN PLACE THAT THE CONSTITUENTS OF PLANO CAN LIVE WITH, WHILE AT THE SAME TIME ENJOYING THE BENEFITS OF DRONE DELIVERY.

I'M HAPPY TO ANSWER ANY QUESTIONS IF ANYBODY HAS ANY.

THE NEXT SPEAKER IS ADRIAN DOCO.

[00:55:02]

GOOD EVENING.

UH, I'M HERE TODAY TO EXPRESS MY FULL SUPPORT FOR THE INTEGRATION OF DRONE DELIVERY SERVICES WITHIN THE CITY OF PLANO.

UH, DRONE DELIVERY OFFERS NUMEROUS ADVANTAGES THAT CAN SIGNIFICANTLY ENHANCE THE EFFICIENCIES AND ACCC ACCESSIBILITY OF GOODS AND SERVICES WITHIN PLANO.

UH, I'D LIKE TO HIGHLIGHT SOME KEY REASONS WHY I BELIEVE ANY RESTRICTIVE PLANNING AND ZONING ORDINANCES WOULD HINDER THESE POTENTIAL BENEFITS.

UH, THE EFFICIENCY AND SPEED, FOR EXAMPLE, THE DRONE DELIVERIES CAN SIGNIFICANTLY REDUCE THE TIME IT TAKES TO TRANSPORT GOODS FROM ONE POINT TO ANOTHER.

THE INCREASED SPEED IS NOT ONLY CONVENIENT FOR RESIDENTS, BUT ALSO CRUCIAL FOR MEDICAL CAREGIVERS.

AS MYSELF IN EMERGENCY SITUATIONS WHERE TIMELY DELIVERY CAN MAKE A SIGNIFICANT IMPACT, UH, REDUCED TRAFFIC CON CONGESTION, THIS IS GONNA BE A BIGGER PROBLEM IN THE FUTURE.

UH, BY TAKING DELIVERIES TO THE SKIES, WE CAN ALLEVIATE TRAFFIC CONGESTIONS ON OUR ROADS WITH THE INCREASING POPULATION AND URBANIZATION IN PLANO.

UH, ANOTHER POINT IS THE ENVIRONMENTAL SUSTAINABILITY.

DRONES ARE IN INHERENTLY MORE ENVIRONMENTALLY FRIENDLY THAN TRADITIONAL DELIVERY VEHICLES.

THESE ELECTRIC POWER DRONES PRODUCE FEWER EMISSIONS CONTRIBUTING TO A CLEANER AND GREENER PLANO.

EMBRACING THIS TECHNOLOGY ALIGNS WITH OUR COMMUNITY'S COMMITMENTS TO SUSTAINABILITY, EXCUSE ME, AND HEALTHIER ENVIRONMENT.

UM, ACCESSIBILITY FOR ALL IS A KEY FACTOR.

DRONE DELIVERY CAN ENHANCE ACCESSIBILITY FOR RESIDENTS, PARTICULARLY THOSE WITH MOBILITY CHALLENGES OR LIVING IN REMOTE AREAS.

AND IT ENSURES THAT EVERYONE IN PLANO HAS EQUAL ACCESS TO GOODS AND SERVICES FOSTERING INCLUSIVITY AND A SENSE OF COMMUNITY.

UH, THE INNOVATION AND ECONOMIC GROWTH IMPACT IS EXPONENTIAL BY POSITIONING PLANO AS A FORWARD-THINKING CITY THAT EMBRACES CUTTING EDGE TECHNOLOGIES.

WE, WE ATTRACT BUSINESSES AND ENTREPRENEURS.

UH, SO I'M HERE TODAY TO EXPRESS MY FULL SUPPORT FOR THE INTEGRATION OF DRONE DELIVERY SERVICES WITHIN THE CITY OF PLANO.

AND IN OUR RAPIDLY EVOLVING WORLD, EMBRACING INVA AND INNOVATIVE TECHNOLOGIES LIKE DRONE DELIVERY IS NOT JUST A CONVENIENCE, BUT A NECESSITY FOR THE GROWTH AND PROSPERITY OF OUR COMMUNITIES.

DRONE DELIVERY OFFERS NUMEROUS ADVANTAGES THAT CAN SIGNIFICANTLY EN ENHANCE THE EFFICIENCY AND ACCESSIBILITY OF GOODS AND SERVICES WITHIN PLANO.

AND, UH, I THINK IT'S, IT'S JUST A WIN-WIN FOR EVERYBODY.

SO IN LIGHT OF THESE CONVERSATIONS, I IMPLORE YOU TO CAREFULLY REVIEW AND RECONSIDER ANY PLANNING AND ZONING ORDINANCES THAT MIGHT HINDER THE SEAMLESS INTEGRATION OF DRONE DELIVERY SERVICES IN PLANO.

LET US EMBRACE A FUTURE WHERE OUR CITIES ARE AT THE FOREFRONT OF TECHNOLOGICAL IN INNOVATION, FOSTERING A MORE EFFICIENT, SUSTAINABLE, AND INCLUSIVE COMMUNITY.

SO WITH GRATITUDE, I WOULD LIKE TO THANK YOU FOR BEING SO GENEROUS WITH YOUR TIME AND CONSIDERATION.

THE LAST SPEAKER IS ERIC BREMMER.

GOOD EVENING COUNSEL.

UH, AT THIS POINT I THINK YOU'VE HEARD FROM INDUSTRY EXPERTS AND COLLEAGUES ALIKE.

UH, I CANNOT ADD ANY ADDITIONAL INFORMATION, BUT WANTED TO BE REGISTERED IN THE EVENT THERE WAS QUESTIONS FOR ANY OF THE OPERATORS TODAY.

SO THANK YOU FOR YOUR TIME.

I'LL CLOSE THE PUBLIC HEARING, CONFINE THE COMMENTS TO THE COUNCIL.

I WOULD BE IN SUPPORT OF SENDING THIS BACK TO, UM, PLANNING AND ZONING WITH THE, UM, INFORMATION THAT THERE ARE SO MANY DIFFERENT, UM, PLATFORMS. I DO THINK IT'S, UM, IT IS A GOOD IDEA TO FIND OUT HOW THIS ORDINANCE WILL AFFECT ALL OF THE DIFFERENT, UM, SERVICE PROVIDERS AND MAKE SURE THAT OUR ORDINANCE IS, UM, GOING TO BE SOMETHING THAT ALL OF THE DIFFERENT PROVIDERS THAT CAN COME, UM, CAN OPERATE UNDER.

SO I WOULD BE SUPPORTIVE OF SENDING IT BACK.

I I WOULD AGREE WITH THE, THE MAYOR PRO TEM ON THIS.

UM, THERE ARE MANY DRONE OPERATORS.

THERE ARE DRONES I SUSPECT.

AND, UH, IF WE'RE GONNA HAVE AN ORDINANCE, WE NEED TO GET THIS RIGHT.

UM, MY CONCERN HERE WITH SENDING IT BACK TO PLANNING, AND I AGREE THAT WE SHOULD, IS THE AMOUNT OF ENERGY THAT WE'RE SPENDING ON JUST GETTING THIS ELEMENT DONE, GETTING THIS DOWN.

SO WHAT ARE WE LOOKING AT IF WE TABLE THIS FOR A FUTURE ITEM? ARE WE LOOKING AT A, DO WE HAVE A RESTRICTION ON WHEN WE WE TABLE THIS? IS IT A 60 DAY, 30 DAY? WELL, I, I DON'T THINK YOU'RE TALKING ABOUT TABLING.

IF YOU'RE GONNA SEND IT BACK TO PNZ.

AND THEN IT'S WHEN STAFF CAN GET IT ON THE AGENDA.

YOU'LL JUST VOTE TO SEND IT BACK

[01:00:01]

A QUESTION, GO AHEAD.

I'M SORRY.

I I HAVE A QUESTION FOR, UH, I'M A LITTLE BIT CONFUSED.

SO, UM, AT THIS POINT WE HAVE NO ORDINANCE REGARDING DRONE.

AM I CORRECT ABOUT THAT? THAT IS CORRECT.

SO AT THIS POINT, WITH NO ORDINANCE AND NO RESTRICTIONS, IF SOMEONE WERE TO OPERATE, UM, DRONE SERVICES, UM, THERE IS NO WAY TO, UM, I GUESS MONITOR OR, OR TO, TO RESTRICT SOMETHING THAT, THAT OUR RESIDENTS MAY, MAY OR MAY NOT LIKE.

AM AM I AM AM I CORRECT? GENERALLY, WHEN WE'RE WORKING THROUGH AN ORDINANCE LIKE THIS, WE DO NOT DO ENFORCEMENT ACTIONS.

SO IF THERE'S A PROBLEM, IT, WE DELAY THAT TYPE OF ENFORCEMENT ACTION.

SO WE'D BE CONTINUING TO DELAY ENFORCEMENT ACTION IF THERE'S A PROBLEM.

SO AT THIS POINT, DRONE, UM, SERVICES IS REALLY, UM, THERE, THERE IS NO MONITORING AT THIS TIME.

THAT IS CORRECT.

AND IF WE DON'T PUT SOME SORT OF RESTRICTION OR SOME TYPE OF, UM, REGULATION IN PLACE, THEN IS IT POSSIBLE THAT WHATEVER SERVICES THAT'S CURRENTLY SOMEBODY IS OPERATING COULD THEN BE GRANDFATHERED IN AND SAY, WELL, YOU KNOW, THIS IS JUST THE WAY, YOU KNOW, WE'VE BEEN DOING THIS UNTIL YOU GUYS CAME UP WITH THE ORDINANCE.

IS THAT, IS THAT A POSSIBILITY? AT SOME POINT, UH, THEY COULD, AT SOME POINT THEY COULD MAKE THAT CLAIM.

SO FOR EXAMPLE, LET'S SAY WE, RIGHT NOW WE HAVE A SCREENING ISSUE, AND IF THEY'RE RIGHT NOW NOT, UM, NOT IN COMPLIANCE WITH OUR OR OUR PROPOSED ORDINANCE, THEN IF WE DON'T PUT SOMETHING IN PLACE, THERE MAY BE A POTENTIAL FOR, UM, FOR THESE, UH, ENTITIES TO COME BACK AND, AND SAY, WELL, YOU KNOW, WE'VE BEEN OPERATING LIKE THIS FOREVER.

SO, UM, WE'RE EXEMPT FROM ANY ORDINANCE.

YOU PASS IT, IT, AM I, YEAH.

ARE YOU FOLLOWING ME, CHRISTIAN? LET'S NOT, I'M SORRY.

LET'S NOT CREATE A SCENARIO.

I THINK AS LONG AS AGAINST THE, AS LONG AS WE'RE WORKING ON THIS ORDINANCE.

WELL, WHAT I REALLY WANT IS FOR US TO ACTUALLY PASS THE ORDINANCE SO THAT WE, WE COULD COME BACK AND REEVALUATE WHETHER OR NOT THAT IS FITTING FOR, UM, YOU KNOW, FOR THE, THE OTHER ENTITIES WHO ARE PROPOSING TO COME HERE AND OPERATE DRONE.

I, I, I, I WOULD FEEL VERY, I I, I'M ACTUALLY FEELING REALLY NAKED WITHOUT SOME TYPE OF A REGULATION IN PLACE AT THIS TIME WITHOUT IT.

WHEN YOU SHOOK YOUR HEAD AND IN DISAGREEMENT, WHAT IS IT? WHAT IS IT WE WE NEED TO KNOW THAT YOU'RE LOOKING FOR? SO I, I THINK IT, IT, IT BRINGS UP AN INTERESTING POINT THAT I THINK, AND NOT SPEAKING FOR OTHER OPERATORS I UNDERSTAND, I THINK THAT EACH OF US HAVE A, A DIFFERENT, UH, DIFFERENT CONFLICT WITH THE CURRENT ORDINANCE.

I , HOLD ON.

COUNCIL MEMBER HOMER.

THANK YOU, MAYOR.

SO FROM THE RED LINE THAT WE RECEIVED THIS, UH, THIS EVENING, IT LOOKS LIKE THE MAIN CONCERN IS ABOUT SCREENING.

IS THAT CORRECT? IS THAT YOUR UNDERSTANDING OF WHAT WANT THEY STILL WANT TO WORK THROUGH? I'M SEEING, UH, SUGGESTION, A RED LINE HERE SUGGESTING THAT SCREENING'S NOT REQUIRED FOR UP TO, UH, ONE SPECIAL VEHICLE FOR IS, IS THAT WHAT THE DISCUSSIONS OR DO YOU KNOW WHAT THE DISCUSSIONS ARE ABOUT THAT THEY WANNA CHANGE? I I HAVE NOT SEEN A RED LINE, BUT MAYBE THIS QUESTION IS FOR THE, FOR THE OPPOSED TO IT SOMETHING PEOPLE WANTING TO REMAIN.

I GUESS I JUST WANNA MAKE THE POINT, UH, MAYBE THIS IS HELPFUL.

I JUST WANNA MAKE THE POINT THAT I, WHAT I THINK I UNDERSTAND HERE IS THAT WE'RE BEING ASKED TO NOT ENFORCE ANY KIND OF SCREENING ORDINANCES FOR, FOR TWO YEARS, AND I JUST WANTED TO MAKE SURE TO PUT IT OUT THERE THAT I, THAT CONCERNS ME.

I THINK WE NEED TO HAVE SCREENING ORDINANCES.

I DON'T THINK THAT'S FAIR TO OTHER BUSINESSES TO LOOK THE OTHER WAY FOR TWO YEARS.

SO I JUST WANTED TO ADDRESS THAT AND MAKE SURE THAT'S KNOWN THAT, THAT THAT IS A CONCERN FOR ME.

OH, I JUST WANTED TO ADD, I I DON'T KNOW IF STAFF WAS ON THAT, UH, THAT PARTICULAR EMAIL THAT HAD THE RED LINE TO IT.

SO I WAS SEEING A BUNCH OF QUESTION MARKS, POP UP, OVERHEAD, MI MS. BLOSSOM, IF YOU'LL COME DOWN HERE BECAUSE YOU WERE SHAKING THEIR, YOUR HEAD.

AND THAT'S, THAT'S, I THINK THAT'S OUR WHOLE PROBLEM IS ALL OF YOU, UH, WE APPRECIATE ALL OF YOUR FEEDBACK, BUT THE BOTTOM LINE IS, AND I'M NOT EVEN SURE ABOUT PLANNING, WE UNDERSTAND WHAT YOU'RE, WHAT YOU'RE ASKING US BECAUSE WE, WE DO HAVE A, A SCREENING POLICY AND WE, WE DON'T WANNA SET A PRECEDENT BY NOT HAVING THAT FOR ALL OTHER BUSINESSES THAT ARE REQUIRED TO HAVE THAT TYPE OF, OF OPEN STORAGE REGULATION.

SO I HOPE YOU UNDERSTAND THAT'S THE REASON WHY WE'RE ASKING THESE QUESTIONS IS BECAUSE WE OPEN PANDORA'S BOX BY SAYING OPEN STORAGE IS WIDE OPEN TO ANYBODY THAT WANTS TO HAVE IT, AND THAT'S A CONCERN TO US.

[01:05:01]

FOR EXAMPLE, ZIPLINE IS, IS NOT AS CONCERNED WITH OPEN STORAGE, BUT FOR US IT'S THE, THE WEIGHT DISTINCTION.

UM, IT'S TIED TO AN FAA REGULATION THAT IS SUED AND GOING TO BE REWRITTEN IN AUGUST OF THIS YEAR.

AND SO IT'S GOING TO BE TIED TO AN OUTDATED MODEL.

AND SO ANYONE OVER 55 POUNDS WOULD HAVE ADDITIONAL RESTRICTIONS AS OPPOSED TO ANYONE 54 POUNDS AND UNDER.

BUT WE KNOW THAT WE HAVE A DIFFERENT, BIGGER CONCERN THAN THE OTHER COMPANIES AS WELL.

SO THERE ISN'T, I THINK EVERYBODY HAS, UM, DIFFERENT PIECES, WHICH IS WHY WE'D LIKE TO GO BACK TO PLANNING AND ZONING.

SO WE CAN ALL KIND OF HASH IT OUT TOGETHER ONCE AND FOR ALL INSTEAD OF KEEP EACH PERSON INDIVIDUALLY ASKING FOR THE PIECES THAT ARE MOST PROBLEMATIC FOR THEIR SPECIFIC INFRASTRUCTURE OR OPERATIONAL FOOTPRINT.

ALRIGHT.

THANK YOU COUNCIL MEMBER SMITH.

THANK YOU MAYOR.

WHAT, WHAT I SUGGESTION AND I, I AGREE WITH, UH, DEPUTY, UH, MAYOR, UH, TOO, WE NEED TO DO SOMETHING CHRISTIAN.

I KNOW.

HOW, HOW, HOW MUCH TIME HAS STAFF PUT IT AS NOW MEAN AT LEAST SIX MONTHS AND PROBABLY CLOSER TO A YEAR.

LOOK AT THIS.

RIGHT? RIGHT.

YOU CAN LOOK, UM, WE HAVE EMAILS FROM, YEAH, UH, 2022.

SO JUNE OF 2022 WHEN WE STARTED THIS PROJECT.

WELL OVER A YEAR.

WHAT DEPUTY MAYOR PRO TEM TWO IS SAYING, YOU KNOW, REALLY ABOUT THE VESTED ZONING RIGHTS CONCERN.

YES.

UM, AND, AND CHRISTINA, UH, AND MY MEMORY'S NOT AS GOOD AS SOME OF OUR YOUNGER FOLKS SOMETIMES, BUT I, BUT I DO RECALL THAT WE DO CHANGE AND WE HAVE CHANGED MODIFIED ORDINANCES FROM TIME TO TIME.

IS THAT YES, THAT'S CORRECT.

ABSOLUTELY.

SO I THINK WHAT I LIKE ABOUT DEBBIE MAYER'S, UH, UH, CONCERN IS WE'VE BEEN TALKING ABOUT THIS FOR A LONG TIME.

THE THESE FOLKS WANNA OPERATE.

I THINK WE WANT 'EM TO OPERATE, BUT WE DON'T WANT 'EM TO OPERATE CONSISTENT WITH WHAT WE'VE ASKED OTHER BUSINESSES TO TALK TO, TO ADHERE TO.

SO I WOULD SUGGEST THAT WE START TONIGHT WITH THE ORDINANCE THAT, THAT YOU BROUGHT FORWARD AND GET THAT ON THE BOOK SO WE HAVE SOMETHING, A STRUCTURE TO WORK WITH, AND LET'S SEE HOW IT GOES.

IF, IF IT'S SOMETHING'S A CONCERN, IT'S A HINDERING AN OPERATION, MAKE THE CASE AGAIN, TAKE IT TO PLAYING ZONE, BRING IT BACK TO US, AND IF IT'S A GOOD IDEA, WE CAN APPROVE IT.

BUT WE HAD, YOU KNOW, A MAJORITY VOTE ON PLANNING AND ZONING THAT IS APPROVED.

THIS, YOU GUYS HAVE GOT A LOT OF TIME AND EFFORT IN IT.

WE'VE HEARD SOME GOOD THINGS.

WE'VE BEEN PUTTING THIS ALL SINCE OCTOBER.

SO I THINK TONIGHT'S TIME TO ACT, LET'S GET SOMETHING GOING AND IF WE NEED TO MODIFY IT, WE'LL DO THAT LATER.

COUNCIL MEMBER WILLIAMS. UH, THANK YOU MAYOR.

UM, MAYBE I'M MISSING SOMETHING, BUT IN OUR PREVIOUS DISCUSSIONS, AND TONIGHT I'M STILL STRUGGLING TO SEE THE NEED FOR THIS, IT LOOKS, UNLESS I'M MISSING SOMETHING.

AGAIN, IT LOOKS LIKE WE'RE FOCUSING ON THREE THINGS.

UH, NOISE STAGING AREA AND SCREENING.

WE ALREADY HAVE NOISE ORDINANCES, WE ALREADY HAVE OPEN STORAGE AND SCREENING REQUIREMENTS.

UM, IT LOOKS LIKE APART FROM THAT, WE'RE JUST EXPANDING DEFINITIONS BEYOND HELICOPTER.

UM, I, I DON'T SEE WHAT WE GET.

I KNOW WE LOOKED AT A SLIDE EARLIER THAT SAID, WHAT, WHAT WOULD HAPPEN IF WE DO PASS THIS? BUT WHAT WOULD HAPPEN IF WE DON'T, IF WE JUST FALL BACK ON OUR EXISTING NOISE ORDINANCES, OPEN STORAGE REQUIREMENTS, ET CETERA.

RIGHT NOW, THE, WHAT THIS ALLOWS IS REALLY WHAT THEY'RE ASKING FOR.

I WOULD SAY IT ALLOWS MORE FLEXIBILITY FOR THIS LAND USE.

CURRENTLY, WE DON'T HAVE ANYTHING TO ACCOMMODATE THIS SPECIFIC TYPE OF USE WITHIN THE ORDINANCE.

IF WE CLASSIFY THEM UNDER THE HELICOPTER REGULATIONS, IT'S VERY ONEROUS AND THEY WOULD NOT BE ALLOWED TO OPERATE IN THE RETAIL ENVIRONMENT.

UM, IT, THE CURRENT ORDINANCE ALLOWS THEM THINGS, WAIVERS FROM PARKING WA WAIVERS FOR EXEMPTIONS FOR THE LANDING PAD TO BE OPERATED WITHOUT, UH, BEING CONSIDERED OPEN STORAGE.

IT ALLOWS THEM TO BE LOCATED IN FRONT OF THE BUILDING.

IT ALLOWS THEM TO BE, UM, THE FI THE STANDARDS THAT WE HAVE WHERE THERE'S A LIMIT TO 5% OF THE LOT OR 20% OF THE BUILDING SIZE.

IT GIVES THEM A LOT OF WAIVERS THAT ARE EXISTING IN THE ORDINANCE IF WE CONSIDER THEM UNDER OUR EXISTING REGULATIONS.

SO IT REALLY IS GIVING THEM FLEXIBILITY WHERE IF WE JUST PUT THEM UNDER THE EXISTING REGULATIONS, THEY WOULD NOT HAVE THAT FLEXIBILITY.

GO, GO.

UH, EXCUSE ME, , LONG NIGHT COUNCIL MEMBER ELLI? NO, NOT YET.

THANK YOU MAYOR .

SO, SO I'VE, I'VE GOT SEVERAL THOUGHTS ABOUT THIS.

WE'RE GONNA, I'M GONNA RUN THROUGH 'EM QUICKLY.

THE FIRST IS, I AGREE WITH

[01:10:01]

YOU KNOW, WE, WE HAVE TO GET A HANDLE ON THIS AND WE CAN ALWAYS BECOME LESS RESTRICTIVE.

COUNCIL MEMBER SMITH POINTED THIS OUT, BUT WE CAN'T BECOME MORE RESTRICTIVE ONCE SOMEBODY HAS A VESTED ZONING.

RIGHT.

UM, THAT BEING SAID, YOU KNOW, A AS I SAW THIS TECHNOLOGY MEETING WITH A COUPLE OF THE OPERATORS, IT IS VARIED.

IT IS EVOLVING, IT'S CHANGING ALL THE TIME.

AND I THINK WE NEED TO BE CAREFUL NOT TO BE OVERLY PRESCRIPTIVE AND STIFLE INNOVATION BECAUSE WE COULD END UP IN A SITUATION WHERE WE ARE UNINTENTIONALLY, UH, CRAFTING AN ORDINANCE THAT MANDATES USING THE VERSION 1.0 DRONE AND THEN THE VERSION 2.0 COMES OUT AND IT DOESN'T COMPLY WITH OUR ORDINANCE.

AND SO OTHER CITIES ARE, ARE HAVING NEWER, SAFER, QUIETER DRONES.

YOU KNOW, WHEN, WHEN OUR ORDINANCE DOESN'T ALLOW THAT BECAUSE THEY'RE HEAVIER OR THEY'RE, THEY HAVE SOME OTHER FEATURE THAT, THAT DIDN'T COMPLY WITH OUR ORDINANCE.

UM, I ALSO AGREE WITH THE POINTS THAT THE MAYOR AND COUNCIL MEMBER, HOMER AND, AND MAYBE OTHERS RAISED ABOUT THE EQUITY OF OPEN SPACE STORAGE, UH, OPEN STORAGE ENFORCEMENT, UM, YOU KNOW, I THINK THAT'S THE BIG ISSUE IS THAT CURRENTLY THESE OPERATIONS PROBABLY DO, AT LEAST SOME OF THE ONES I SAW RUN AFOUL OF OUR OPEN STORAGE ORDINANCES.

AND WE CAN'T JUST TURN A BLIND EYE TO THAT, UM, WITHOUT SERIOUS EQUITY ISSUES WITH OTHER BUSINESSES THAT ARE COMPLYING WITH THOSE.

SO I, SO I DO THINK WE NEED AN ORDINANCE.

UM, WE ALSO NEED TO BE FAIR TO ALL OPERATORS.

I THINK THE WORD THAT MS. BLOSSOM USED WAS OPERATOR AGNOSTIC.

I, I AGREE WITH THAT BECAUSE, YOU KNOW, DIFFERENT DRONES HAVE DIFFERENT CHARACTERISTICS.

I WOULDN'T WANT TO SEE AN ORDINANCE THAT FAVORS, YOU KNOW, ONE TYPE OF DRONE OVER ANOTHER TYPE OF DRONE, UNLESS THERE'S AN ACTUAL NOISE OR SAFETY OR SOME OTHER REASON TO SAY YOUR TYPE OF DRONE DOESN'T WORK FOR OUR COMMUNITY.

UM, WE ALSO NEED TO PROTECT RESIDENTS.

RESIDENTIAL ADJACENCY IS A BIG DEAL.

YOU KNOW, I, I, I LIKE THE IDEA THAT THESE HAVE TO BE LOCATED IN CERTAIN AREAS, YOU KNOW, AROUND THE BUSINESSES THAT THEY'RE SERVING AND, YOU KNOW, TRYING TO KEEP THEM AWAY FROM NEIGHBORHOODS I, I, I THINK THAT'S, YOU KNOW, SOMETHING THAT GOES WITH PROTECTING NEIGHBORHOODS FROM NOISE AND, AND I THINK IS IMPORTANT.

UM, I AGREE WITH MAYOR PRO TEM PRINCE AND OTHERS, SEVERAL OTHERS WHO HAVE SAID, LET'S REMAND THIS TO THE PLANNING AND ZONING COMMISSION.

SO THAT'S HOW I INTEND TO VOTE TONIGHT.

I THINK MORE WORK NEEDS TO BE DONE.

UH, SOME ISSUES THAT WE NEED TO LOOK AT.

WEIGHT, UM, MS. BLOSSOM TALKED ABOUT, I THINK THEIR DRONES ARE 58 TO 60 POUNDS, AND WE'VE GOT 55 POUNDS IN THERE FOR THE SMALL HUB.

AND, YOU KNOW, THEY'RE JUST OVER THAT.

SO IS THAT 55 POUND, YOU KNOW, LIMIT CRITICAL.

I COULD BE CONFUSING THIS WITH SOMETHING ELSE, BUT I THINK THAT CAME FROM AN FA, A REGULATION THAT'S IN THE PROCESS OF CHANGING.

AND SO I'M SEEING SOME HEAD NODS.

SO I, I MAY HAVE, MAY HAVE REMEMBERED THAT RIGHT FROM THE MEETINGS WE HAD.

AND SO THAT MAY BE SOMETHING TO LOOK AT.

DO WE NEED THAT, THAT WEIGHT LIMITATION, OR SHOULD WE FOCUS ON OPERATIONAL CHARACTERISTICS, LIKE HOW MUCH NOISE DOES IT GENERATE AND THINGS OF THAT NATURE.

ALSO, THE FENCING OPEN STORAGE ISSUE, WE'VE GOTTA LOOK AT THE, UH, RED LINE OF THE ORDINANCE THAT WE GOT FROM A-U-V-S-I-A LITTLE AFTER 5:00 PM TODAY.

CANDIDLY, THERE'S ABSOLUTELY NO WAY THAT WE COULD HAVE POSSIBLY, UH, THOROUGHLY LOOKED AT THAT, BUT HOPEFULLY AS PART OF THIS REMAND, WE WILL.

AND, UM, TOWARD THAT END, YOU KNOW, TO THE MAYOR'S POINT ABOUT GETTING SOME, SOME CLARITY ABOUT WHAT IT IS THAT, THAT WE'RE SEEKING, I, I, I THINK THAT EVERY TIME WE'VE CONSIDERED THIS ORDINANCE, THERE HAVE BEEN NEW POINTS MADE, NEW KIND OF OBJECTIONS.

AND SO AS PART OF THE REMAND TO PNZ, I WOULD LIKE TO SEE US ESTABLISH A SPEAK NOW OR FOREVER HOLD YOUR PEACE DEADLINE.

YOU KNOW, WHERE, WHERE, YOU KNOW, TO BE FAIR, WE, WE NEED COMMENTS SUBMITTED BY A CERTAIN DATE, JUST LIKE THEY DO, YOU KNOW, FOR THE CFR AND FEDERAL REGULATIONS AND THINGS LIKE THAT.

I MEAN, WHETHER THAT'S MARCH 15TH OR A DIFFERENT DATE, I, I DON'T KNOW.

BUT, YOU KNOW, SOMETHING IN THE REASONABLY NEAR FUTURE, THERE NEEDS TO BE A CUTOFF WHERE WE SAY, YOU KNOW, WE, WE CARE WHAT INDUSTRY THINKS ABOUT THIS, BUT IF WE DON'T HEAR FROM YOU WITH THAT OBJECTION BY A CERTAIN DATE, IT'S NOT PART OF THIS PROCESS BECAUSE WE JUST CAN'T BE DOING THIS AD NAUSEUM.

AND SO, UH, I SEE HEADS NODDING, SO I APPRECIATE THE, THE BUY-IN ON THAT.

I THINK WE SHOULD ESTABLISH THAT.

I'LL UN, UNLESS STAFF HAS A DIFFERENT IDEA, I'LL PROPOSE MARCH 15TH.

AND THEN, YOU KNOW, I HOPE THAT PNZ WILL, WILL THOROUGHLY GO THROUGH ALL OF THE OPERATOR'S, YOU KNOW, SUGGESTIONS AND PROVIDE FEEDBACK TO THE COUNCIL ON ALL OF THEM, WHETHER THEY'RE WORKABLE, WHETHER THEY'RE NOT WORKABLE, OBVIOUSLY THE STAFF'S RECOMMENDATIONS ON THOSE AS WELL.

AND HOPEFULLY WE'LL COME UP WITH SOMETHING THAT'S, YOU KNOW, A BEST IN CLASS, YOU KNOW, UH, ORDINANCE THAT OTHER CITIES CAN COPY.

SO THANK AND THANK YOU TO THE STAFF FOR YOUR TREMENDOUS WORK ON THIS OVER THE PAST, WHAT, 21 MONTHS OR SOMETHING LIKE THAT.

THANK YOU, MAYOR.

THANK YOU FOR YOUR HARD WORK.

SOMETHING ELSE.

YEAH, I WAS JUST GONNA MAKE A COMMENT ABOUT THE SUGGESTION ABOUT THE SCREENING NOT REQUIRED FOR UP TO ONE SPECIAL VEHICLE.

FROM MY VISIT WITH, UM, GOING OUT TO ONE OF THE OPERATORS, MY UNDERSTANDING OF THAT RECOMMENDATION WAS

[01:15:01]

BECAUSE SOME OF THESE OPERATORS OR SOME OF THESE RETAIL LOCATIONS ARE TRYING OUT TO SEE IF THIS WORKS WELL FOR THEIR RETAIL.

AND SO, UM, ASKING THEM TO CREATE SOMETHING VERY PERMANENT MAY NOT WORK WELL FOR AN OPERATOR.

AND SO I DO THINK THERE, THIS MAY BE TOO MUCH FLEXIBILITY FOR US THAT WE'RE NOT COMFORTABLE WITH, BUT I WOULD SUGGEST THAT WE CONSIDER IN THE PLANNING AND ZONING, CONSIDER SOME AMOUNT OF FLEXIBILITY FOR A RETAIL TO HAVE THE OPPORTUNITY TO TRY OUT DRONE DELIVERY FOR SOME PERIOD OF TIME WITHOUT HAVING TO PUT IN A HUGE UPFRONT COST THAT THEY MAY NOT BE ABLE TO BEAR IF IT DOESN'T WORK FOR THEIR LOCATION.

UH, MAY I, MR. MAYOR? YEAH, SO I, I WOULD PROPOSE THAT WE CONSIDER SOME TYPE OF, I MEAN, ADOPTING THIS ORDINANCE WITH SOME TYPE OF LIMITATION IN, LIKE, FOR EXAMPLE, A TRIAL PERIOD IN, IN WHICH WE DON'T HAVE TO KEEP SENDING IT BACK TO PLANNING A ZONING BECAUSE WE HAVE ALL THESE DIFFERENT ISSUES, BUT RATHER PERHAPS FOR A TEMPORARY SO THAT WE HAVE SOMETHING PROTECTION IN PLACE.

I MEAN, SOME SORT OF SUPERVISION IN PLACE PERHAPS FOR, YOU KNOW, I DON'T KNOW, SIX MONTHS TO A YEAR, UM, EXPERIMENTAL AND THEN COME BACK AND RE UM, REEVALUATE WHETHER CERTAIN AREAS IS, IS WORKING OR NOT WORKING.

BUT, YOU KNOW, JUST KEEP KICKING IT BACK TO PLAN.

I MEAN, 21 MONTHS FOR GOD'S SAKE.

I MEAN, I, I THINK WE ULTIMATELY HAVE TO MAKE A DECISION WHAT WE'RE GONNA DO, AND IF IT, IF WE NEED TO REVISE AT THE LATER DATE, LET'S DO THAT.

BUT, UM, YOU KNOW, LET'S PUT THIS IN PLACE AND THEN EITHER WAY WE'RE BRINGING IT BACK, RIGHT? SO WHAT YOU'RE SAYING WE'RE EITHER TAKING IT BACK TO PLANNING, ZONING TO LOOK AT IT, OR WE'RE VOTING TONIGHT, AND THEN JUST HAVING IT COME BACK TO US WHEN IT DOESN'T WORK WELL, SO, WELL, I, I THINK WE NEED TO ADD SOMETHING IN THE ORDINANCE THAT SAYS THAT WE NEED TO RE REEVALUATE, REEVALUATE, OR REVISIT IN A CERTAIN, UH, A CERTAIN TIME THAT, YOU KNOW, SO WE'RE NOT JUST KICKING THE BUCKS BACK TO PLANNING AND ZONING, BUT RATHER WE'RE GONNA BE REVIEWING WHATEVER, UM, FEEDBACK WE GET.

UM, A LOT OF THE ENTITIES WHO ARE CURRENTLY THINKING ABOUT DOING DRONE, UM, TYPE, UH, SERVICES HAVE NOT STARTED YET.

SO WE'RE JUST, WE'RE DOING A LOT OF THEORETICAL THINKING FOR THEM.

BUT THE, THE, THE PROGRESS ON TECHNOLOGY CONTINUES TO EVOLVE AND WE CAN'T JUST KEEP ACCOMMODATING FOR EVERY NEW TECHNOLOGY THAT COMES THROUGH.

WE GOTTA HAVE SOMETHING THAT WE CAN PUT IN PLACE AND THEN COME BACK AND REEVALUATE.

THAT'S HOW I FEEL WE COULD ADD SOMETHING TO THE ORDINANCE IN WHICH IT MAKES IT SO THAT WE MUST COME BACK AND REEVALUATE WITHIN A CERTAIN TIME.

I'M JUST GONNA MAKE A MOTION THAT WE REMAN THIS BACK TO PLANNING AND ZONING.

NO, THAT'S ALL RIGHT.

I JUST WANTED TO NOTE THAT THE CURRENT ORDINANCE DOES ACCOMMODATE BOTH TEMPORARY AND PERMANENT WAIVERS OF SCREENING.

SO I THINK, UM, MAYBE THAT'S NOT CLEAR, BUT UNDER ITEM D, IT TALKS ABOUT THE PLANNING AND ZONING COMMISSION BEING ABLE TO WAIVE REQUIREMENTS FOR SCREENING WITH APPROVAL OF A SITE PLAN.

LANDING PADS ARE PERMANENTLY EXEMPTED FROM SCREENING, BUT P AND Z CAN WAIVE ANY OTHER SCREENING REQUIREMENTS.

SO IT MEANS THAT IF SOMEONE WANTS TO COME AND REQUEST ANY KIND OF TEMPORARY WAIVER OR PERMANENT WAIVER, PNZ CAN GRANT THAT.

SO I JUST WANNA MAKE SURE THAT'S CLEAR.

IF I CAN JUST REAL QUICK, ONE OF THE MAIN HICCUPS WE HAVE HERE IS OUR, OUR OPEN STORAGE AND THE REGULAR WE HAVE, WE HAVE EITHER HAVE MASONRY WALLS OR WE HAVE LIVE, UH, LIVING WALLS LANDSCAPE.

AND THESE ARE ALSO TEMPORARY NOW.

THEY'RE STILL TRYING TO FEEL THEIR WAY AROUND.

I THINK WE NEED TO, YOU KNOW, IF THERE'S A WAY THAT WE CAN REIMAGINE THAT WE, ONE PLACE WE VISIT, WE SAID WE JUST PUT SOME TYPE OF FABRIC AROUND IT AND, UH, UH, COUNCILWOMAN HOMER SAID, LET'S BRING THE ARTS COMMUNITY IN AND LET THEM DECORATE THAT, THAT CANVAS AND IT, IT DOES THE SCREENING THAT WE LOOK FOR, THOUGH IT'S NOT MASONRY, IT'S SEMI, YOU KNOW, IT'S NOT EVEN PERMANENT, BUT IT IS, IT, IT MEETS THE REQUIREMENT.

AND I THINK RIGHT NOW IS THE BIG CONCERN IS THAT THEY'RE GOING TO INVEST IN A MASONRY WALL FOR SCREENING THAT MAY BE ABANDONED IN SIX MONTHS.

YOU KNOW, AND I THINK THAT'S THE BIG ISSUE THAT WE'RE FACING RIGHT NOW.

SO I THINK THE TEMPORARY WAIVER IS PROBABLY THE ANSWER AND RIGHT AS IT IS PRESENTED NOW, I AGREE WITH COUNCILMAN HORNE.

I THINK, UH, SEPARATELY IT'S WORTH, UH, LOOKING AT HOW WE DEFINE AND WHAT KIND OF, UH, SCREENING WE PERMIT.

IF, IF, IF ALL WE'RE LOOKING AT IS MASONRY OR LIVING SCREENS, I THINK WE SHOULD DIVERSIFY.

[01:20:01]

I'LL, I'LL SECOND THE MOTION TO REMAN TO P AND ZI TO, UH, REMAND, UH, THIS ITEM TO P AND Z.

OH, CAN I ASK THE, CHRISTINA, DO YOU HAVE A PREFERENCE? WOULD YOU LIKE TO SEE THIS MOVE FORWARD? I MEAN, LIKE, WELL, IF IS, DOES, IS IT CREATING MORE WORK FOR YOU IF WE PASS AND AMEND OR IS IT BETTER TO SEND IT BACK AND GET IT RIGHT THE FIRST TIME, I GUESS IS THE CORRECT QUESTION.

UM, I THINK IF WE CAN GET, IF THERE ARE, I THINK IF THERE ARE CLEAR THINGS THAT WE NEED TO AMEND, BECAUSE I HAVEN'T SEEN THE MARKUP, I DON'T REALLY KNOW WHAT, I THINK THERE'S A LOT OF CONFUSION ABOUT THE OPEN STORAGE ISSUE THAT I, I PERSONALLY THINK IS ALREADY ADDRESSED IN THE ORDINANCE.

IT SOUNDS LIKE IT.

'CAUSE I THINK WE'VE, THAT'S SATISFIED.

UM, SO I DON'T REALLY KNOW WHAT THE OTHER ISSUES ARE.

UM, OKAY.

I THINK WITH, I'M SORRY, GO AHEAD.

I GUESS IT'S HARD FOR ME TO ASSESS WHEN I DON'T KNOW WHAT THE OTHER ISSUES ARE.

I AM, I THINK MY MAJOR CONCERN IS WE'VE ALREADY HAD A LOT OF TIME AND MY QUESTION IS WHY, WHY HAVE WE NOT HAD THESE DISCUSSIONS EARLIER? SO IN, IN THAT REGARD, I WOULD LIKE TO SEE THE ORDINANCE PASSED AND THEN PERHAPS, YOU KNOW, A CHECK-IN, IN A PERIOD OF TIME, OR LET'S REASSESS WITH THE ZONING ORDINANCE REWRITE IF THEY, BECAUSE TO ME, THIS TECHNOLOGY'S CONSTANTLY EVOLVING.

SO IF WE'RE WAITING FOR EVERY FAA UPDATE, THEN I THINK WE NEVER PASS AN ORDINANCE BECAUSE THE TECHNOLOGY WILL ALWAYS BE CHANGING.

AND I DON'T KNOW IF THERE WILL EVER BE A GOOD DIME TO PASS.

THAT'S MY REAL CONCERN.

I APPRECIATE THAT INPUT AND WITH THAT INFORMATION, I'M NOT GOING TO VOTE IN FAVOR OF REMANDING IT BACK TO PLEAD MI.

MR. MAYOR, MAY I ASK THE MAYOR PRO TIMM, WOULD YOU ADD TO YOUR MOTION A DEADLINE FOR COMMENTS TO, TO COME IN AS PART OF THAT REMAND TO PNZ? AND THEN, BECAUSE WHAT I'M ENVISIONING, AND THE REASON I SECONDED THIS IS THAT I THINK THERE ARE, I THINK THE DIALOGUE IS STILL ONGOING.

I MEAN, WE GOT THIS ELABORATE RED LINE, I THINK AT FIVE 18 THIS EVENING THAT WE CAN'T POSSIBLY CONSIDER TONIGHT BECAUSE WE GOT IT AT FIVE 18 THIS EVENING.

AND I WOULD LIKE TO TRY TO TAKE ALL OF THIS INTO ACCOUNT, BUT I THINK WE NEED A DROP DEAD, YOU KNOW, DEADLINE THAT, YOU KNOW, FEEDBACK ISN'T GONNA BE IN BY THIS DATE.

THEN THE STAFF IS GONNA WEIGH ON, WEIGH IN ON EVERYTHING THE OPERATORS ARE PROPOSING.

THE P AND Z'S GONNA WEIGH IN ON EVERYTHING, AND THEN WE'RE GONNA CONSIDER IT HOPEFULLY BY MAY.

I, I WOULD THINK, YOU KNOW, IF, IF WE HAVE A COMMENT DEADLINE IN MARCH, AND SO ANYWAY, I DON'T KNOW IF THE MAYOR IN THAT I, I'M FINE WITH DOING THAT AS LONG AS I HAVE INPUT FROM THE STAFF.

I DON'T WANNA JUST THROW OUT AN ARBITRARY MARCH 15 'CAUSE IT'S NOT MY DEADLINE TO MEET.

SO I'D LIKE TO KNOW WHAT THEY THINK IS A REASONABLE TIME FOR THEM TO DO THAT.

WELL, AND AND TO BE CLEAR, THAT WAS A DEADLINE FOR THE OPERATORS, BUT WELL, BUT THEY, I MEAN, THEY'RE THE ONES WHO HAVE TO GET THE FEEDBACK AND DO SOMETHING WITH IT, SO, NO, THAT'S FOR SURE.

ALRIGHT, SO, SO WE HAVE A MOTION AND A SECOND TO REMAND IT BACK TO P AND Z RIGHT NOW.

SO THAT'S THE MOTION ON THE FLOOR.

YEAH, YEAH, I JUST WANNA SURE, UH, UH, TO MAKE AN AMENDMENT IF NECESSARY.

IF WE TAKE THIS VOTE AND THIS DOESN'T PASS, I DON'T WANT THAT TO BE THE END OF THIS.

I'D LIKE FOR US TO RECON, RECONSIDER.

SO I HAVE A MOTION, UH, AND A SECOND TO REMAND THIS BACK TO PNZ, PLEASE VOTE.

MOTION FAILS THREE TO FIVE.

MAYOR, I'D LIKE TO MAKE A MOTION TO PASS THIS, BUT, OH, BUT I, I, I, I MEAN, IF, IF WE'RE GONNA DO THAT, THEN WE NEED, WE, WE NEED A, UH, IT TO BE REVISITED AGAIN WITHIN SIX TO 12 MONTHS, PROBABLY 12, BECAUSE THEY, THEY, THEY'RE NOT GONNA BE ABLE TO, TO KNOW, YOU KNOW, THEIR SUCCESS OR FAILURE IN THIS THING.

SO I WOULD, I WOULD REQUIRE THIS TO COME BACK TO US AND, AND 12 MONTHS TO MAKE SURE THAT WE ARE AWARE OF THE ISSUES.

GOOD OR BAD.

I'M SORRY, 12 MONTHS IS THAT, I THINK IT'S GONNA BE HARD FOR THEM TO REALLY ASSESS IN SIX MONTHS.

SIX MONTHS.

[01:25:02]

I'D LIKE TO MAKE A MOTION THAT WE PASS THIS WITH THE UNDERSTANDING THAT WE WILL REVISIT IN 12 MONTHS.

IS THAT UNDER, YOU GOT THAT, CHRISTINA? ALRIGHT, AND I'LL, I'LL SECOND THAT.

GO AHEAD AND RESET THAT, LISA.

I HAVE A MOTION TO SECOND, UH, FOR AGENDA ITEM NUMBER THREE, PLEASE VOTE.

MOTION PASSES.

FIVE THREE.

PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2023 DASH 19 TO AMEND ARTICLE THREE, SITE PLAN REVIEW ARTICLE FIVE, VARIANCES AND APPEALS OF ADMINISTRATIVE DECISIONS.

NEXT ITEM, ITEM NUMBER FOUR,

[(4) Public Hearing and consideration of an Ordinance as requested in Zoning Case 2023-019 to amend Article 3 (Site Plan Review), Article 5 (Variances and Appeals of Administrative Decisions), Article 7 (Nonconformities), Article 9 (Residential Districts), Article 10 (Nonresidential Districts), Article 14 (Allowed Uses and Use Classifications), Article 15 (Use-specific Regulations), and Article 20 (Screening, Fence and Wall Regulations) of the Comprehensive Zoning Ordinance of the City, Ordinance No. 2015-5-2, as heretofore amended, pertaining to recent state legislative actions to ensure compliance with state law, including amendments related to Senate Bill 929; and providing a penalty clause, a repealer clause, a savings clause, a severability clause, a publication clause, and an effective date. Petitioner: City of Plano Conducted and adopted Ordinance No. 2024-2-7]

ARTICLE SEVEN, NONCONFORMITIES ARTICLE NINE, RESIDENTIAL DISTRICTS ARTICLE 10, NON-RESIDENTIAL DISTRICT, ARTICLE 14 ALLOWED USES AND USE CLASSIFICATIONS.

ARTICLE 15 SPECIFIC OR USE SPECIFIC REGULATIONS.

ARTICLE 20 SCREENING, FENCE AND WALL REGULATIONS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY.

ORDINANCE NUMBER 2015 DASH FIVE DASH TWO AS YEAR TWO FOUR AMENDED PERTAINING TO RECENT STATE LEGISLATIVE ACTIONS TO ENSURE COMPLIANCE WITH STATE LAW, INCLUDING AMENDMENTS RELATED TO SENATE BILL 9 29 AND PROVIDING A PENALTY CLAUSE, REPEAL OR CLAUSE SAVINGS CLAUSE, FAVORABILITY CLAUSE, PUBLICATION CLAUSE, AND AN EFFECTIVE DATE.

ALL RIGHT.

GOOD EVENING, MAYOR AND COUNSEL.

I'M CHRISTINA SEBASTIAN, LAND RECORDS PLANNING MANAGER.

UM, OUR LAST TWO ITEMS FROM THE PLANNING DEPARTMENT TONIGHT ARE TO CONSIDER UPDATES TO OUR ORDINANCES BASED ON CHANGES IN STATE REQUIREMENTS.

UM, OUR FIRST CASE IS FOR THE ZONING ORDINANCE.

UM, HOUSE BILLS 1750 AND 2308 BOTH PROVIDE PROTECTIONS TO AGRICULTURAL USES TO ACCOMMODATE THIS.

WE ARE PROPOSING TO ALLOW VETERINARY SERVICES, KENNELS AND COMMERCIAL PET SITTING BY RIGHT AND ALL DISTRICTS WHEN ASSOCIATED WITH AGRICULTURAL USES.

FAIRLY STRAIGHTFORWARD.

UM, THE NEXT ONE YOU'VE HEARD QUITE A BIT ABOUT SENATE BILL 9 2 9.

THIS REQUIRES SPECIFIC PROCEDURES FOR NOTICING WHEN A USE BECOMES NON-CONFORMING OR TO STOP A NON-CONFORMING USE.

YOU PREVIOUSLY APPROVED THE NOTICING REQUIREMENTS OVER THE SUMMER, SO THE CHANGES TONIGHT OUTLINE THE PROCEDURES WHEN A USE IS REQUIRED TO STOP THAT DECISION ON WHEN A NON-CONFORMING USE MAY BE REQUIRED TO STOP IS UP TO YOU AS COUNSEL.

THERE ARE, UH, SPECIFIC PROCEDURES IN THE PROPOSED AMENDMENTS FOR THAT.

UH, BUT IN THE END, YOU MUST ADOPT A RESOLUTION TO STOP THE NON-CONFORMING USE IN ORDER FOR THE PROCESS TO THEN START, UH, PER THE BILL.

SO YOU ADOPT, ADOPT THE RESOLUTION IN THE YELLOW CIRCLE.

UM, THEN WITHIN 10 DAYS, THE CITY MUST NOTIFY THE PROPERTY OWNER OR LEASE THEY HAVE 30 DAYS TO PICK THEIR REMEDY, EITHER AS A CONTINUING USE OR AS PAYMENT.

THEIR, UH, CONTINUING USE IN ORANGE PAYMENT IN GREEN.

IF THEY DON'T RESPOND WITHIN 30 DAYS, THE CITY CAN PICK THE REMEDY.

UM, IN BOTH INSTANCES, A AN OUTSIDE EXPERT NEEDS TO BE HIRED TO DETERMINE EITHER THE AMOUNT OF TIME THAT THE USE CAN CONTINUE TO RECOUP THEIR, THEIR LOSS OR THE PAYMENT FOR THE BUSINESS TO STOP OPERATING RIGHT AWAY.

UM, SO THEN THE TIME WILL EITHER PASS OR 10 DAYS WILL PASS, UM, IF THERE'S PAYMENT AND THEN THE USE IS REQUIRED TO STOP THE, UH, ANY APPEALS TO THE TIME AMOUNT OR THE PAYMENT AMOUNT.

UM, GO TO THE BOARD OF ADJUSTMENT.

UH, THE TEXAS ADMINISTRATIVE CODE WAS ALSO ADOPTED THIS YEAR RELATED TO SCHOOL SAFETY REQUIREMENTS.

SO, UH, THE ZONING ORDINANCE HAS A LIMITATION ON FRONT YARD FENCING FOR SCHOOLS, UH, FOR FIVE FEET.

AND SO WE'RE PROPOSING TO ALIGN THAT WITH THE TEXAS ADMINISTRATIVE CODE TO EIGHT FEET FOR SCHOOLS AND DAYCARES.

AND THEN FINALLY, THE LEGISLATIVE ZONING CASE FROM LAST SUMMER INCLUDED SOME MINOR UPDATES TO COMPLY WITH THE MATERIAL STANDARD FROM HOUSE BILL 24 39 FROM THE 2019 SESSION.

UM, AND ALSO TO BETTER ALIGN WITH HOW MOST CITIES ARE APPLYING THAT BILL.

SOME MOST AMENDMENTS WERE MADE LAST SUMMER, BUT THERE ARE A FEW, UH, CLEANUP AMENDMENTS THAT WERE NEEDED, UM, WITH THIS ZONING CASE.

THIS CASE WAS FOUND TO BE IN CONFORMANCE WITH THE GUIDING PRINCIPLES OF A COMPREHENSIVE PLAN AS WELL AS LAND USE ACTION ONE.

THERE WERE NO RESPONSES RECEIVED FOR THIS ZONING CASE AND THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL WITH A VOTE OF SEVEN TO ZERO AVAILABLE IF YOU HAVE ANY QUESTIONS.

ANY QUESTIONS FOR STAFF? THANKS.

ANY SPEAKERS? THERE ARE NO SPEAKERS ON THIS ITEM.

I'LL CLOSE

[01:30:01]

THE PUBLIC HEARING.

CONFINE THE COMMENTS TO THE COUNCIL MOTION TO REMAND THIS TO THE STATE LEGISLATURE, .

SECOND IS THAT WE NEED A REAL MOTION.

MOTION TO .

MOTION TO APPROVE REVOKE YOU WITHDRAW THAT MOTION.

OKAY, I WITHDRAW THAT MOTION.

MAKE A NEW MOTION TO APPROVE.