[CALL TO ORDER]
[00:00:03]
THANK YOU.I NOW DECLARE THE PLANO CITY COUNCIL IS RECONVENED IN OPEN SESSION THAT ALL MEMBERS ARE PRESENT.
WE'LL BEGIN TONIGHT'S REGULAR MEETING WITH THE INVOCATION, LED BY KEVIN BEACH.
STATE PRESIDENT, PLANO STATE, THE CHURCH OF JESUS CHRIST AND LATTER DAY SAINTS, AND PLEASE JOIN THE COUNCIL RECITING THE PLEDGE OF ALLEGIANCE AND THE TEXAS PLEDGE. PLEASE RISE.
>> OUR FATHER IN HEAVEN, WE ARE VERY GRATEFUL THIS EVENING TO BE ABLE TO BE IN THIS COMMUNITY.
WE'RE SO GRATEFUL FOR THOSE THAT HAVE PRECEDED US THAT HAVE PROVIDED THE FOUNDATION UPON WHICH WE ARE ABLE TO BUILD AND SUPPORT OUR FAMILIES.
I'M GRATEFUL FOR THY INSIGHT AND THY SPIRIT THAT GUIDES AND DIRECTS THIS COUNCIL AND ASK THAT THEY WILL CONTINUE TO BE GUIDED, THAT THEY WILL KNOW THE ACTIONS TO TAKE TO ALLEVIATE TRIALS AND STRAINS TO BUILD THE FOUNDATION OF EDUCATION AND THE LIVES THAT WE ENJOY.
WE ASK A BLESSING UPON OUR FIRST RESPONDERS, THOSE THAT PROTECT OUR HOMES AND OUR FAMILIES, OUR ARMED FORCES THROUGHOUT THE WORLD.
I ASK A BLESSING AS WELL UPON OUR TEACHERS AND EDUCATORS.
THOSE THAT ARE FORMING AND FORGING THE LIVES AND THE UNDERSTANDING OF OUR CHILDREN AND ASK THAT THEY WILL BE GUIDED BY THE HAND AS WELL.
I ASK A BLESSING UPON THIS COUNCIL, THAT AS THEY MEET TOGETHER AS THEY SEEK WHY INSPIRED DIRECTION, THAT THEY WILL DO SO IN A WAY THAT WILL BRING PEACE TO OUR COMMUNITY, TO OUR CITIZENS AND FRIENDS, AND THAT WE WILL BE GRANTED THROUGHOUT THE WORLD, THE PEACE THAT WE ARE SO VERY MUCH IN NEED OF THAT WILL ALLOW HARMONY AND BROTHERHOOD TO REIGN AND TO PROVIDE FOR EACH OF THY CHILDREN UPON THIS EARTH.
THESE FAVORS AND BLESSINGS WE ASK IN THE NAME OF OUR SAVIOR JESUS CHRIST. AMEN.
>> THANK YOU. BE SEATED. THANK YOU, STAKE.
PRESIDENT BEACH, WE APPRECIATE THAT.
THANK YOU FOR YOUR INVOCATION.
WE DO HAVE ONE PROCLAMATION THAT I HAVE THE HONOR TO READ.
[Proclamation: Memorial Day is May 27, 2024.]
IT'S REGARDING MEMORIAL DAY.OUR NEXT MEETING IS ONE DAY AFTER MEMORIAL DAY, SO WE GOT TO MAKE SURE WE GET IT IN.
IT'S MY HONOR TO READ THE PROCLAMATION, WHEREAS, MEMORIAL DAY FIRST KNOWN AS DECORATION DAY BEGAN AFTER THE CIVIL WAR WITH CEREMONIES FOR SOLDIERS WHO HAD FALLEN IN BATTLE AND IS OBSERVED ON THE LAST MONDAY OF MAY, HONORING MEN AND WOMEN WHO DIED WHILE SERVING IN THE US MILITARY.
MEMORIAL DAY IS MEANT FOR REMEMBERING AND HONORING MILITARY PERSONNEL WHO DIED IN THE SERVICE OF THEIR COUNTRY, PARTICULARLY THOSE WHO DIED IN THE BATTLE AS A RESULT OF A WOUND SUSTAINED IN BATTLE.
IT IS A HOLIDAY STEEPED IN SOMBER AMERICAN HISTORY AND TRADITION AND GIVES US THE OPPORTUNITY TO REMEMBER THE PATRIOTS WHO GAVE THEIR LIVES IN THE SERVICE OF AMERICA.
IN THE SERVICE OF FREEDOM AND IN THE SERVICE OF JUSTICE, WE ARE FREE BECAUSE THEY WERE BRAVE AND OUR NATION IS FOREVER GRATEFUL.
WHEREAS IN 1985, PLANO MEMORIAL PARK WAS CREATED AS A PERMANENT LOCATION TO HONOR PLANO'S MORE THAN 12,000 VETERANS.
A PLACE WHERE ALL CAN VISIT AND REFLECT ON THOSE WHO HAVE GIVEN SO MUCH SO THAT WE CAN LIVE IN FREEDOM AND PROSPERITY.
ENJOY THE BLESSINGS OUR COUNTRY HAS TO OFFER, AND WHERE IN 2021, THE PLANO CITY COUNCIL UNANIMOUSLY APPROVED FUNDING FOR THE DONOR RECOGNITION PLAZA AT MEMORIAL PARK, CREATING A SPACE FOR DONORS TO HONOR MILITARY SERVICE, MEMBERS THROUGH THE INSTALLATION OF PERSONALIZED BRICK PAVERS, CREATING A MORE LASTING TRIBUTE TO THOSE WHO WE SEEK TO HONOR.
NOW, THEREFORE, I JOHN MUNS MAYOR OF THE CITY OF PLANO, TEXAS, DO HEREBY PROCLAIM MONDAY, MAY 27, 2024 AS MEMORIAL DAY IN PLANO, AND I DO THEREBY ENCOURAGE ALL CITIZENS TO JOIN ME IN THE PLANO CITY COUNCIL IN RECOGNIZING THE SACRIFICE OF THOSE WHO HAVE DIED FOR THIS COUNTRY AND EXPRESSING OUR MOST HEARTFELT APPRECIATION FOR THEIR STRENGTH AND VALOR IN DEFENDING OUR NATION. THANK YOU.
>> MOVE TO THE CONSENT AGENDA.
[CONSENT AGENDA]
[00:05:03]
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.
THE PRESIDING OFFICER WILL ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER REQUESTS.
>> MOTION TO APPROVE THE CONSENT AGENDA, EXCEPT FOR ITEM F.
>> I'M SORRY, CITY MANAGER IS.
>> WE HAVE A SECOND FOR YOU, DEPUTY MAYOR?
>> I HAVE A MOTION A SECOND TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM F AND N. ALL IN FAVOR, RISE YOUR HAND. COUNCIL?
>> THANK YOU. MOTION PASSES 8-0. ITEM F.
[(f) To approve an expenditure in the amount of $4,600,000 for the purchase of real property located at 701 E 15th Street from Polaris 701E15, LLC; an expenditure in the amount of $138,000 for real estate services associated with the acquisition from Citadel Partners, LLC; and authorizing the City Manager to execute all necessary documents. Approved with 50/50 shared cost (Economic Development and TIRZ #2)]
>> ITEM F TO APPROVE AN EXPENDITURE IN THE AMOUNT OF $4,600,000 FOR THE PURPOSE OF PURCHASE OF REAL PROPERTY LOCATED AT 7:01 EAST 15TH STREET FROM POLARIS 701 E 15 LLC, AN EXPENDITURE IN THE AMOUNT OF 138,000 FOR REAL ESTATE SERVICES ASSOCIATED WITH THE ACQUISITION FROM CITADEL PARTNERS, LLC AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS.
>> I PETER BRESSA, DIRECTOR OF SPECIAL PROJECTS, AND MATT YAGER, THE REAL ESTATE MANAGER FOR THE CITY ARE HERE TONIGHT TO ANSWER ANY YOUR QUESTIONS.
>> THANK YOU, GUYS. I PULLED THIS ITEM NOT BECAUSE I OPPOSED THE LAND PURCHASE.
I'M GOOD WITH THE LAND PURCHASE.
THIS IS AN ISSUE ABOUT THE SOURCE OF FUNDS.
THIS IS ACTUALLY A SITUATION WHERE THE TOURIST NUMBER 2 BOARD REJECTED THE STAFF RECOMMENDATION AS TO WHERE THE FUNDS FOR THIS LAND PURCHASE SHOULD COME FROM.
THE STAFF HAD RECOMMENDED A 50/50 SPLIT OF THIS 4.6 MILLION DOLLAR PURCHASE PRICE, 2.3 MILLION FROM THE TOURIST NUMBER 2 FUND AND 2.3 MILLION FROM THE ECONOMIC DEVELOPMENT INCENTIVE FUND.
THE TOURIST NUMBER 2 BOARD ESSENTIALLY REJECTED THAT RECOMMENDATION AND SAID WE'RE NOT WILLING TO PUT ANY TOURIST NUMBER 2 FUNDS TOWARD THIS PURCHASE.
EVEN THOUGH THE PROPERTY IS IN THE TOURIST NUMBER 2 ZONE.
THE REASON THAT WAS GIVEN, AS I UNDERSTAND IT, AND PLEASE CORRECT ME IF I SAY ANYTHING WRONG, PETER.
BUT THE REASON I BELIEVE THAT THE TOURIST NUMBER 2 BOARD GAVE WHICH MAKES SENSE LOOKING JUST AT THAT FUND IS THAT THEY WANTED TO PRESERVE FLEXIBILITY FOR THE COMING YEAR IN THE TOURIST NUMBER 2 FUND, WE GET ABOUT $3.3 MILLION IN THE INCREMENT EACH YEAR TO THE TOURIST NUMBER 2 FUND.
OBVIOUSLY, $2.3 MILLION IS A SIGNIFICANT PORTION OF $3.3 MILLION.
THEY SAID, NO, WE WANT TO KEEP OUR POWDER DRY, AND WE DON'T WANT TO PUT ANY OF THAT $3.3 MILLION TOWARD THIS PURCHASE, EVEN THOUGH THIS PROPERTY IS IN THE TOURIST NUMBER 2 ZONE.
I WOULD SUBMIT THAT THAT WAS THINKING ABOUT THE ISSUE A BIT TOO NARROWLY.
IT MAKES SENSE THAT THE TOURIST NUMBER 2 BOARD WOULD TAKE THAT VIEW BECAUSE OF THE NARROWNESS OF THEIR MANDATE.
THEY'RE JUST LOOKING AT THE TOURIST NUMBER 2 ZONE, AND THEY'RE JUST LOOKING AT THE TOURIST NUMBER 2 FUND.
BUT OF COURSE, WE AS A COUNCIL ARE CHARGED WITH THINKING ABOUT THE WHOLE CITY AND THE ENTIRE CITY'S BUDGET, AND THAT'S WHY THE RECOMMENDATIONS OF BOARDS AND COMMISSIONS COME TO THE COUNCIL FOR FINAL CONSIDERATION.
I WOULD SUGGEST THAT WHEN WE DO LOOK AT THE BIG PICTURE OF THE ENTIRE CITY'S BUDGET, WHERE WE REALLY NEED TO PRESERVE FLEXIBILITY IS IN THE CITY'S BUDGET AS A WHOLE, NOT JUST IN THE TOURIST NUMBER 2 FUND.
OF COURSE, WE CAN ALWAYS CHOOSE TO USE NON-RESTRICTED FUNDS FROM OUTSIDE OF THE TOURIST NUMBER 2 TO DO A PROJECT IN THE TOURIST NUMBER 2 ZONE.
THE COUNCIL ALWAYS HAS THAT POWER, BUT WE CAN'T USE TOURIST NUMBER 2 FUNDS FROM THAT INCREMENT OUTSIDE OF THE TOURIST NUMBER 2 ZONE BECAUSE THEY'RE LEGALLY RESTRICTED.
WHAT ACTUALLY PRESERVES FLEXIBILITY WHEN WE LOOK AT THE CITY'S BUDGET AS A WHOLE IS TO USE A SIGNIFICANT PORTION OF THE TOURIST NUMBER 2 FUNDS FOR THIS PURCHASE.
OF COURSE, IT DOESN'T PREVENT US FROM LATER DOING ANYTHING THAT WE OTHERWISE COULD HAVE DONE.
BUT IF WE USE THE NON-RESTRICTED FUNDS FIRST, THE ECONOMIC DEVELOPMENT INCENTIVE FUNDS FIRST, THEN IT COULD HAVE THAT EFFECT OF FORECLOSING AN OPTION THAT WE MIGHT WANT TO CONSIDER LATER IN THE FISCAL YEAR.
FOR THAT REASON, I WOULD RESPECTFULLY SUGGEST THAT WE RETURN TO THE ORIGINAL STAFF RECOMMENDATION OF A 50/50 ALLOCATION OF THE SOURCE OF FUNDS, 2.3 MILLION FROM THE TOURIST NUMBER 2 FUND, 2.3 MILLION FROM THE ECONOMIC DEVELOPMENT INCENTIVE FUND.
IF THERE'S SOMETHING THAT NEEDS TO HAPPEN IN THE TOURIST NUMBER 2 ZONE THIS COMING YEAR, THAT THERE ARE NOT SUFFICIENT FUNDS LEFT IN THAT TOURIST NUMBER 2 FUND SPECIFICALLY, WE STILL HAVE THE POWER TO APPROPRIATE FUNDS FROM ELSEWHERE.
THEY JUST HAVE TO MAKE THAT RECOMMENDATION TO US AND WE CAN DO IT.
THAT WOULD BE MY RECOMMENDATION, AND I WILL SO MOVE.
[00:10:01]
>> I HAVE A COMMENT. [OVERLAPPING]
>> IS THERE A SECOND FOR THAT?
>> I WAS LOOKING UP TO TRY TO REMEMBER WHETHER OR NOT I WAS THE LIAISON FOR TURF TOO, BUT I'M NOT.
IS YOU, COUNCILMAN SMITH, AND COUNCILMAN WILLIAMS. I THINK THAT BROUGHT UP ANOTHER TOPIC THAT WE'RE TALKING ABOUT, WHICH WE WILL BE TALKING ABOUT AT OUR GOALS AND OBJECTIVE IS THAT RECOMMENDATIONS LIKE THIS OR CONCERNS LIKE THIS WHERE THERE IS A CONFLICT THAT PROBABLY SHOULD GO TO THE LIAISON FIRST, AND DISCUSS, AND BROUGHT TO THE ENTIRE COUNCIL'S ATTENTION.
I JUST WANTED TO RAISE THAT POINT.
I DO SUPPORT WHAT YOU'RE DOING, COUNCILMAN RICCIARDELLI.
>> I JUST WANTED TO MAKE SURE ON THE STAFF RECOMMENDATION, THAT IT WAS YOUR PREFERABLE POSITION.
>> THAT'S RIGHT, AND THE REASON WE DID HALF AND HALF IS THERE'S JUST NOT ENOUGH MONEY IN THE TERS NUMBER 2 FUND.
DID LEAVE US WITH ABOUT $1 MILLION.
OF COURSE, WE DON'T HAVE THAT MONEY QUITE YET.
IT COMES IN JULY, BUT THAT'S WHERE WE WERE.
WE THOUGHT THAT WAS THE BEST WAY TO HANDLE IT.
>> YOU STILL THINK THAT TO THIS?
>> I HAVE A MOTION, A SECOND TO AMEND THE ITEM F TO THE STAFF RECOMMENDATION AMOUNT BY 50 50 THE DETERS AND ECONOMIC DEVELOPMENT FUND, IS THAT RIGHT?
>> ACTUALLY. I THINK YOU'RE JUST APPROVING IT.
WE'RE JUST GOING TO TAKE IT FROM THERE.
>> THAT'S A PAGE QUESTION, BUT YEAH.
>> GOT THAT. I HAVE A MOTION AND A SECOND. ALL IN FAVOR.
>> MOTION APPROVES EIGHT TO ZERO. ITEM N.
[(n) To approve Rules Governing Public Comments in the City's Public Meetings; and providing an effective date. Adopted Resolution No. 2024-5-3(R) as amended.]
>> ITEM N, ADOPTION OF A RESOLUTION TO APPROVE RULES GOVERNING PUBLIC COMMENTS IN THE CITY'S PUBLIC MEETINGS AND PROVIDING AN EFFECTIVE DATE.
>> MAYOR AND COUNCIL, VERY QUICKLY.
ON THE SECOND PAGE, THE ACTUAL RULES BEING OUTLINED, ITEM NUMBER 2, WE ARE SIMPLIFYING AND ACTUALLY TAKING OUT THREE WORDS THAT WERE IN THE FIRST SENTENCE THAT WAS PUBLISHED SO THAT IT READS NOW, SIGNS LARGER THAN 8.5 BY 11 ARE PROHIBITED IN CITY'S PUBLIC MEETINGS, WOULD BE THE STATEMENT.
THIS IS JUST CLARIFYING AND SIMPLIFYING THE STATEMENT THAT WAS PUBLISHED.
WE FELT IT WAS A LITTLE CONFUSING AND THIS ALLOWS MORE CONSISTENCY.
THE COPY YOU HAVE IN FRONT OF YOU IS CORRECT, BUT I WANTED TO MAKE SURE TO READ THAT IN THE RECORDS SO THE PUBLIC KNEW THAT AS WELL.
>> MOTION TO APPROVE WHAT HAS BEEN MODIFIED BY, I GUESS CITY MANAGER. [OVERLAPPING]
>> MR. ISRAELSON WITH REGARD TO SUBPARAGRAPH N OF OUR MEETING AGENDA.
>> THANK YOU. I HAVE A MOTION A SECOND TO APPROVE ITEM N AS AMENDED.
>> I JUST WANT TO SAY IT'S ABOUT TIME.
[LAUGHTER] I JUST WANT TO MAKE SURE THAT ANTHONY SEES J WHERE IT SAYS, SPEAKING BEYOND THE ALLOTTED TIME.
[LAUGHTER] HE HAS TO FOLLOW THE RULES NOW.
>> I'LL DO MY BEST MAYOR PRO TEM.
[OVERLAPPING] THEY WILL BE STRICTLY ENFORCED.
>> ALL IN FAVOR. RAISE YOUR HAND.
>> THANK YOU. MOTION PASSES EIGHT TO ZERO.
ITEMS FOR INDIVIDUAL CONSIDERATION.
[(1) Public Hearing and consideration of an Ordinance as requested in Zoning Case 2024-001 to amend the Comprehensive Zoning Ordinance of the City, Ordinance No. 2015-5-2, as heretofore amended, granting Specific Use Permit No. 56 for Commercial Antenna Support Structure on 0.1 acre of land located 225 feet north of Democracy Drive and 220 feet east of Partnership Road in the City of Plano, Collin County, Texas, presently zoned Commercial Employment, 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: Democracy Partners Ltd. Conducted and adopted Ordinance No. 2024-5-4.]
>> PUBLIC HEARING ITEMS. APPLICANTS ARE LIMITED TO 15 MINUTES 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 AMEND THESE TIMES AS DEEMED NECESSARY.
ITEM NUMBER 1, PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2024-1 TO AMEND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 2015-5-2 AS HERETOFORE AMENDED.
GRANTING SPECIFIC USE PERMIT NUMBER 56 FOR COMMERCIAL ANTENNA SUPPORT STRUCTURE ON 0.1 ACRE OF LAND LOCATED 225 FEET NORTH OF DEMOCRACY DRIVE AND 220 FEET EAST OF PARTNERSHIP ROAD IN THE CITY OF PLANO, COLLIN COUNTY, TEXAS, PRESENTLY ZONED COMMERCIAL EMPLOYMENT, DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY, PROVIDING A PENALTY CLAUSE, A REPEALER CLAUSE, SAVINGS CLAUSE, SEVERABILITY CLAUSE, PUBLICATION CLAUSE, AND AN EFFECTIVE DATE.
>> GOOD EVENING. MAYOR'S COUNCIL AND EXECUTIVES.
I'M KRISTINA DAY, THE DIRECTOR IN TRAINING.
THE FIRST CASE WE HAVE FOR YOU THIS EVENING IS ZONING CASE 2024-001, WHICH IS A REQUEST FOR A COMMERCIAL ANTENNA SUPPORT STRUCTURE.
[00:15:02]
>> CHECK TO SEE IF YOUR MIC IS ON.
>> YOU'RE RIGHT. IS THIS BETTER? THEY DIDN'T CHRISTINA SIZE IT APPROPRIATELY.
[LAUGHTER] THANK YOU VERY MUCH.
THIS IS, AGAIN, A REQUEST FOR A COMMERCIAL ANTENNA SUPPORT STRUCTURE.
YOU SEE ON THE MAP ON THE SCREEN, THE NOTICE AREA THAT WAS PROVIDED, AS WELL AS AN AREA OF THE EXISTING PROPERTY.
YOU SEE THERE IS AN OFFICE BUILDING THERE.
THIS, AGAIN, IS A STEALTH ANTENNA.
IT IS A FLAGPOLE STYLE THAT IS ATTACHED TO THE SITE PLAN AND A REQUIREMENT THAT YOU'LL SEE A LITTLE LATER.
IT DOES HAVE CAPACITY FOR UP TO FOUR CARRIERS SO WILL BE UTILIZED EFFICIENTLY, THE SPACE, AND IT DOES MEET THE SETBACK REQUIREMENTS FROM RESIDENTIAL DISTRICTS THAT ARE A REQUIREMENT OF THE ZONING ORDINANCE.
THE RECOMMENDED SUP STIPULATIONS, THERE ARE TWO.
ONE IS THAT THE DESIGN IS CONSISTENT WITH WHAT WAS SUBMITTED AND REVIEWED AND SECONDLY IS THAT THE GROUND MOUNTED EQUIPMENT AND FORTH, IS SCREENED.
YOU SEE, I'VE TAKEN A SCREENSHOT.
I KNOW IT'S A LITTLE BIT HARD TO READ, BUT YOU CAN SEE THERE IS A MASONRY WALL THERE THAT'S PROPOSED, PLUS THEY HAVE INCLUDED THE DESIGN OF THE STEALTH TOWER.
THIS IS IN CONFORMANCE WITH THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN WHICH SHOWS EMPLOYMENT CENTERS.
THE USE WOULD SUPPORT THOSE EXISTING BUILDINGS.
WE DID NOT GET ANY RESPONSES FROM PEOPLE WITHIN 200 FEET AND HAVE ONE IN OPPOSITION FROM THE COMMUNITY THAT YOU CAN SEE THE LOCATION ON THE MAP.
THE PLANNING AND ZONING COMMISSION DID RECOMMEND THIS BY A VOTE OF EIGHT TO ZERO, AND STAFF IS AVAILABLE FOR QUESTIONS YOU MIGHT HAVE.
>> THANK YOU. ANY QUESTIONS FOR STAFF? I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS?
>> MR. BOWMAN DID SIGN UP TO ANSWER ANY QUESTIONS IF NEEDED.
>> ANY QUESTIONS FOR THE APPLICANT? CLOSE THE PUBLIC HEARING.
COMPLYING THE COMMENTS TO THE COUNCIL.
>> I HAVE A MOTION A SECOND TO APPROVE ITEM NUMBER 1.
PLEASE RAISE YOUR HAND, ALL APPROVE.
>> THANK YOU. MOTION PASSES 8-0. NEXT ITEM.
>> ITEM NUMBER 2, PUBLIC HEARING CONSIDERATION OF AN ORDINANCE
[(2) Public Hearing and consideration of an Ordinance as requested in Zoning Case 2024-006 to amend the Comprehensive Zoning Ordinance of the City, Ordinance No. 2015-5-2, as heretofore amended, rezoning 7.1 acres of land located at the southwest corner of Independence Parkway and Lotus Drive from Planned Development-381-Retail/General Office to Light Industrial-1, and rezoning 8.1 acres of land situated on President George Bush Turnpike, 600 feet west of Independence Parkway, from Agricultural to Light Industrial-1, both properties being located within the City of Plano, Collin County, Texas, and the 190 Tollway/Plano Parkway Overlay District; 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: City of Plano Conducted and adopted Ordinance No. 2024-5-5.]
AS REQUESTED IN ZONING CASE 2024-6 TO AMEND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY ORDINANCE NUMBER 2015-5-2 AS HERETOFORE AMENDED.REZONING 7.1 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF INDEPENDENCE PARKWAY AND LOTUS DRIVE FROM PLAN DEVELOPMENT 381 RETAIL.
GENERAL OFFICE TO LIGHT INDUSTRIAL 1, AND REZONING 8.1 ACRES OF LAND SITUATED ON PRESIDENT GEORGE BUSH TURNPIKE, 600 FEET WEST OF INDEPENDENCE PARKWAY FROM AGRICULTURAL TO LIGHT INDUSTRIAL 1.
BOTH PROPERTIES BEING LOCATED WITHIN THE CITY OF PLANO, COLLIN COUNTY, TEXAS, AND THE IR 190 TOLLWAY PLANO PARKWAY OVERLAY DISTRICT, DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY, PROVIDING A PENALTY CLAUSE, A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE.
>> ZONING CASE NUMBER 6 IS A REQUEST TO CREATE A MORE RATIONAL ALIGNMENT FOR A FEW ZONING DISTRICTS IN A SPECIFIC AREA.
ON THE MAP, YOU CAN SEE THE AREA, THERE ARE TWO INDIVIDUAL PARCELS OF LAND THAT ARE NOT PRIMARILY RIGHT OF WAY AND CREATE SPLIT ZONING ON A FEW PROPERTIES THAT MAKES IT A LITTLE BIT MORE CHALLENGING TO DEVELOP.
THIS REQUEST WOULD AMEND THE ZONING MAP TO ALIGN WITH THE RIGHT OF WAY AND MAKE IT EASIER TO DEVELOP THESE PROPERTIES.
THERE ARE TWO TRACTS THAT ARE PART OF THIS.
IT WAS ZONED TO A PLAN DEVELOPMENT DISTRICT BACK IN THE 1980S.
LOTUS DRIVE WAS THEN BROUGHT IN THROUGH A DEVELOPMENT PROJECT IN THE EARLY 2000S, AND THAT DRIVEWAY ALIGNMENT CREATED CHALLENGES WITH THE EXISTING ZONING, ALTHOUGH THE STREET ITSELF IS RATIONAL BECAUSE IT MEETS OUR DESIGN STANDARDS IT'S JUST AN EXISTING CONDITION.
[00:20:01]
IS PART OF A REMAINDER TRACT THAT WAS SUBDIVIDED WHEN STATE HIGHWAY 190 WAS BEING DEVELOPED.IT IS 8.1 ACRES, PRIMARILY ZONED AGRICULTURAL WITH JUST A LITTLE BIT OF PROPERTY ON AN EXISTING DEVELOPED OFFICE BUILDING.
YOU CAN SEE A BEFORE AND AFTER PICTURE HERE OF THE CURRENT ZONING ALIGNMENTS AND THEN HOW IT BECOMES A MORE RATIONAL ZONING ALIGNMENT WITH THESE PROPOSED CHANGES TO CREATE A CONSISTENT LIGHT INDUSTRIAL 1 ZONING BOUNDARY.
THIS IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN AS AN EMPLOYMENT CENTER.
LIGHT INDUSTRIAL 1 ZONING IS CONSISTENT.
WE DID HAVE ONE LETTER OF SUPPORT FROM AN ADJACENT PROPERTY OWNER, RESULTING IN 5.66 ACRES IN SUPPORT AS WELL AS THE SAME ONE IN SUPPORT CITYWIDE.
THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL BY A VOTE OF 8-0, AND WE'RE HERE IF YOU HAVE QUESTIONS.
>> ANY QUESTIONS FOR STAFF? I'LL OPEN THE PUBLIC HEARING.
>> I'LL CLOSE THE PUBLIC HEARING.
CONFINE THE COMMENTS TO THE COUNCIL.
>> MR. MAYOR, I MAKE A MOTION WE APPROVE AGENDA ITEM NUMBER 2.
>> I HAVE A MOTION AND A SECOND TO APPROVE ITEM NUMBER 2.
[(3) Public Hearing and consideration of an Ordinance as requested in Zoning Case 2024-007 to amend the Comprehensive Zoning Ordinance of the City, Ordinance No. 2015-5-2, as heretofore amended, so as to amend Planned Development-489-Multifamily Residence-1 on 36.5 acres of land located on the north side of Legacy Drive, 770 feet west of Chase Oaks Boulevard, in the City of Plano, Collin County, Texas, to modify development standards; 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. Petitioners: 701 Legacy Drive, LLC, 701 Legacy Drive II, LLC, and 701 Legacy Drive IV, LLC Conducted and adopted Ordinance No. 2024-5-6 with Findings Forms.]
>> ITEM NUMBER 3, PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2024-7 TO AMEND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY ORDINANCE NUMBER 2015-5-2 AS HERETOFORE AMENDED.
SO AS TO AMEND PLAN DEVELOPMENT 489 MULTIFAMILY RESIDENCE 1 ON 36.5 ACRES OF LAND LOCATED ON THE NORTH SIDE OF LEGACY DRIVE, 770 FEET WEST OF CHASE OAKS BOULEVARD IN THE CITY OF PLANO, COLLIN COUNTY, TEXAS, TO MODIFY DEVELOPMENT STANDARDS.
DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY, PROVIDING A PENALTY CLAUSE, A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE.
>> ZONING CASE NUMBER 7 IS TO, AGAIN, AMEND AN EXISTING PLAN DEVELOPMENT DISTRICT, WHICH WOULD ALLOW THE DEVELOPMENT OF 70 ADDITIONAL RESIDENTIAL UNITS AND MODIFY THE DEVELOPMENT STANDARDS ASSOCIATED WITHIN THAT PLAN DEVELOPMENT.
ON THE SLIDES, YOU WILL SEE THE LOCATION OF THE PROPERTY ON THE NORTH SIDE OF LEGACY DRIVE NEAR CHASE OAKS BOULEVARD AND THE NOTICE AREAS AND SURROUNDING ZONING.
IT IS PRIMARILY SURROUNDED BY RESIDENTIAL ZONING DISTRICTS, INCLUDING A GOLF COURSE.
YOU CAN SEE THE DEVELOPMENT AS IT EXISTS TODAY ON THE AERIAL PHOTOGRAPH.
THE NEXT EXHIBIT SHOWS THE PROPOSAL AND HOW IT WOULD ACTUALLY IMPACT THE PROPERTY.
THE ORANGE BUILDINGS INDICATE THOSE THAT ARE PROPOSED AT THREE STORIES, THE YELLOW INDICATE BUILDINGS PROPOSED AT TWO STORIES, AND THE PURPLE IS THE CLUBHOUSE ADDITION THAT'S PROPOSED AS PART OF THE SAME ZONING.
THOSE OF YOU WHO HAVE BEEN ON COUNCIL FOR A PERIOD OF TIME MAY RECOGNIZE THIS PROPERTY.
IT'S BEEN TWO ADDITIONAL ZONING CASES IN RECENT YEARS.
THE FIRST WAS TO MODIFY TO ALLOW 124 NEW UNITS IN 24 BUILDINGS.
THAT CASE WAS RECOMMENDED BY P&Z BUT DENIED BY COUNCIL BACK IN 2020.
THERE WAS A SECOND CASE TO ALLOW 124 UNITS IN 20 BUILDINGS SO REDUCED THE BUILDINGS.
ALSO, THERE WERE ADDITIONAL SETBACKS FROM LEGACY DRIVE IN THAT SECOND CASE THAT WAS ALSO RECOMMENDED FOR APPROVAL BY P&Z AND WAS DENIED BY CITY COUNCIL.
THIS REQUEST, AGAIN, IS DIFFERENT, BUT I WANTED TO REVIEW THAT HISTORY WITH YOU AS MANY OF YOU WERE LIKELY SEATED DURING THESE HEARINGS.
THOSE ARE TWO OF THE PRIMARY AMENDMENTS THAT ARE BEING REQUESTED.
IT'S TO MODIFY THE DENSITY TO INCREASE FROM 10 -12 UNITS PER ACRE, WHICH IS THE NORMAL STANDARD FOR THE MULTIFAMILY 1 ZONING DISTRICT THAT WOULD ALLOW THEM TO ADD 70 UNITS TO THE SITE.
THERE'S ALSO A REQUEST TO INCREASE THE HEIGHT BY ONE STORY AND FIVE FEET.
CURRENTLY, IT'S AT A STANDARD THAT IS MORE ALIGNED WITH
[00:25:03]
THE SINGLE-FAMILY ATTACHED RESIDENTIAL ZONING DISTRICT AT TWO STORIES, 35 FEET THAT WOULD ALLOW IT TO EXTEND TO THREE STORIES AND 45 FEET.THEN IT'S IMPORTANT TO NOTE THAT THOSE TALLER BUILDINGS THAT ARE GOING TO BE THREE STORIES AND 45 FEET ARE RESTRICTED BY THE PD LANGUAGE, THEY'LL BE AT LEAST 150 FEET FROM LEGACY DRIVE, SO LESS IMPACTFUL FROM THE PRIMARY STREET.
THEY ALSO WILL BE AT LEAST 150 FEET FROM ANY SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT BOUNDARY.
WE WANTED TO SHOW YOU HOW THIS IS REALLY A BLEND OF VARIOUS ZONING DISTRICT STANDARDS.
THE WAY THE ZONING DISTRICTS ARE TODAY, SINGLE-FAMILY ATTACHED IS IMPORTANT TO THE SITE BECAUSE THAT WAS THE ORIGINAL ZONING PRIOR TO DEVELOPMENT AND WE BELIEVE THE REASON WHY THESE STANDARDS EXIST IN THE PD TODAY AT 10 UNITS PER ACRE AND TWO STORIES 35 FEET.
OUR TWO NEXT MULTIFAMILY ZONING DISTRICTS ALLOW 12 UNITS PER ACRE, THREE STORIES, 40 FEET, AND THEN YOU CAN SEE THE MULTIFAMILY 2 DISTRICT ALLOWS A HIGHER DENSITY AT 18 UNITS PER ACRE, BUT A LOWER HEIGHT STANDARD AT TWO STORIES 35 FEET.
THIS IS A LITTLE BIT OF A MIX BETWEEN THOSE ZONING DISTRICTS.
THE RESULTS PER THE PLAN, AGAIN, YOU SAW THIS EARLIER, NINE NEW BUILDINGS, FIVE AT THREE STORIES AND FOUR AT TWO STORIES.
PARKING IS ANOTHER STANDARD THAT THEY'RE LOOKING TO AMEND.
THERE ARE 832 REQUIRED PARKING SPACES PER THE ZONING BASE ZONING OF MF-1.
THE P&Z DID GRANT A REDUCTION OF 14% TO THE PLAN, AND THAT RESULTS IN 716 SPACES.
THE WAY THAT ORDINANCE IS WRITTEN ON THIS, P&Z CAN GRANT UP TO A 20% REDUCTION IF AN EQUIVALENT AMOUNT OF SPACE IS PROVIDED AS USABLE OPEN SPACE, AND SO THIS DOES REQUIRE AN ADDITIONAL 1.38% OF THE SITE.
YOU'LL SEE THAT IS ACTUALLY BEING MET IN THE PD STANDARDS.
AT THE PLANNING AND ZONING COMMISSION, THEY ADDED AN ADDITIONAL STANDARD BEYOND THE ORIGINAL REQUEST, REQUIRING 25% OPEN SPACE.
YOU'LL SEE THE REQUIREMENT IS AT 21.7, SO THAT EXCEEDS THE ADDITIONAL 1.38% AND WILL PROVIDE EVEN MORE OPEN SPACE FOR THE SITE.
TWO CHANGES THAT ARE ALSO PROPOSED AS THEY ARE, PLANNING AND REQUIRED BY THE ZONING, IF PASSED TO EXPAND THE CLUBHOUSE BY AT LEAST 2,000 SQUARE FEET AND ADD A COUPLE OF DOG PARKS.
EACH OF THOSE WILL BE AT LEAST 2,000 SQUARE FEET AND ENCLOSED WITH DECORATIVE METAL FENCING.
WE DID WANT TO NOTE IF YOU'RE FAMILIAR WITH THE PROPERTY AND YOU'VE BEEN OUT TO THE SITE, THERE ARE SOME SUBSTANTIAL GRADE CHANGES THAT ARE INVOLVED IN LOCATIONS WHERE THERE WILL BE BUILDING, BUT THOSE CAN BE ACCOMMODATED THROUGH THE DESIGN AND CONSTRUCTION PROCESS, SO WE WANTED TO JUST MAKE SURE AND CLEAR THAT UP IN CASE THERE WERE QUESTIONS THERE.
SO THESE ARE THE RECOMMENDED PD STIPULATIONS IN A STRIKETHROUGH-UNDERLINE FORMAT SO YOU CAN SEE THE CHANGES MADE TO NUMBER OF UNITS, TO MAXIMUM BUILDING HEIGHT, AND THEN ADDITIONAL STANDARDS FOR THE NEW AMENITIES, THE PARKING STANDARD, AND THE REQUIRED OPEN SPACE.
THIS IS PART OF THE NEIGHBORHOODS FUTURE LAND USE CATEGORY ON THE COMPREHENSIVE PLANS, FUTURE LAND USE MAP, AND THE USE DOES FIT.
IT DOES NOT EXACTLY MEET THE MIX OF USES, WHICH TRIGGERS THE FINDINGS POLICY.
ALSO, THERE ARE SOME STANDARDS IN THE CHARACTER-DEFINING ELEMENTS SO YOU CAN SEE HOW IT MEETS ALL THE OTHER MAPS IN THE COMP PLAN AND OTHER AREAS WHERE THERE ARE EITHER MEETING OR NOT MEETING AREAS OF THE COMP PLAN.
THE RGM1 ACTION DOES REQUIRE FINDINGS IF THIS IS GOING TO BE APPROVED BECAUSE OF THE MIX OF USES AND BUILDING HEIGHT.
THERE WAS ONE LETTER OF SUPPORT FROM AN ADJACENT PROPERTY OWNER REPRESENTING 1.11 ACRE.
ADDITIONALLY, THERE WERE THREE LETTERS OF RESPONSES IN SUPPORT, I SHOULD SAY, TWO OPPOSED.
YOU CAN SEE THE LOCATIONS ON THE MAP.
TWO RESPONSES WERE RECEIVED VIA MAIL, AND THEREFORE, ARE NOT MAPPED, THAT'S WHY THEY ARE ONLY THREE DOTS.
THIS WAS RECOMMENDED BY THE PLANNING AND
[00:30:01]
ZONING COMMISSION BY A VOTE OF SIX TO TWO, AND FINDINGS ARE REQUIRED IF THE COUNCIL SHOULD CHOOSE TO APPROVE CONSISTENT WITH P&Z'S RECOMMENDATION.WE STAFF ARE AVAILABLE FOR QUESTIONS THAT YOU MIGHT HAVE ON THIS ITEM.
>> ANY QUESTIONS FOR STAFF? I'LL OPEN THE PUBLIC HEARING.
>> WE DO HAVE SPEAKERS ON THIS ITEM.
FRANK TURNER, REPRESENTING THE APPLICANT.
>> I WOULD LIKE TO INTRODUCE MICHAEL FARAHNIK TO COME AND SPEAK TO YOU.
MICHAEL IS EXECUTIVE VICE PRESIDENT OF STARPOINT.
>> THANK YOU. THANK YOU FOR HAVING US.
WE ARE NOT DOING AN ANTENNA, UNFORTUNATELY, IF I KNEW, I WOULD HAVE ADDED THAT TO THE PROPERTY. THANK YOU FOR HAVING US.
WE'VE CHANGED A LOT OF THINGS AS FAR AS THE PROPERTY IS CONCERNED AND WORKED WITH STAFF AND WORKED WITH PEOPLE INVOLVED TO MAKE SURE THAT WE'RE DOING THE RIGHT THING AS FAR AS THE PROPERTY IS CONCERNED.
STARPOINT IS A MULTIFACETED COMPANY.
WE OPERATE IN 10 DIFFERENT STATES, WE BUILD, WE LOOK FOR UNDERVALUED PROPERTIES, AND WE DO TREMENDOUS AS FAR AS MULTIFAMILY IS CONCERNED.
WE DO A LOT OF RESIDENTIAL, WE DO A LOT OF COMMERCIAL, INDUSTRIAL, AND OFFICE.
OUR SIZE AT THIS POINT IS ABOUT 1.3 BILLION, IT IS PRIVATELY HELD.
I'M ONE OF THE PRINCIPALS OF THE FIRM, AND I'M VERY INVOLVED AS FAR AS STARPOINT IS CONCERNED ON A DAILY BASIS.
AS FAR AS LEGENDS IS CONCERNED, OBVIOUSLY, THE LOCATION, THE FACT THAT THE GREENERY THAT IT HAS, WE LOVE WORKING IN THE STATE OF TEXAS, WE LOVE PLANO, IT'S DONE TREMENDOUSLY WELL FOR US, AND WE SEE A LOT MORE VALUE AS FAR AS THE PROPERTY IS CONCERNED.
I'M GOING TO HAVE FRANK GO INTO THE INTRICACIES, AND THEN I'LL COME BACK AND ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.
>> LET ME SEE IF I CAN MOVE THIS AHEAD.
COUNCIL, MY NAME IS FRANK TURNER, THE SOLE STAFF MEMBER OF URBAN OPPORTUNITY.
I WANT TO GO OVER THE PLAN THAT IS BEFORE YOU VERY BRIEFLY.
AS YOU CAN SEE, THE LEGENDS AT CHASE OAKS IS A VERY LOW-DENSITY APARTMENT DEVELOPMENT.
THERE ARE PRESENTLY 346 UNITS ON THE PROPERTY AT EFFECTIVELY 10 DWELLING UNITS PER ACRE.
OUR REQUEST HAVING HEARD YOU CLEARLY ON TRYING TO KEEP THE DENSITY LOW HAS GONE FROM 124 UNITS TO NOW 70 UNITS, AND CHANGING THE DENSITY FROM 10 DWELLING UNITS PER ACRE TO 12 DWELLING UNITS PER ACRE.
I'D LIKE TO POINT OUT THAT 80% OF THE 70 DWELLING UNITS ARE TWO AND THREE-BEDROOM UNITS, WHICH IS UNUSUAL IN THE MARKETPLACE.
WE HAVE FOUND THAT TWO AND THREE-BEDROOM UNITS ARE ACTUALLY FAIRLY SCARCE IN APARTMENT DEVELOPMENT TODAY, AND WE'RE TRYING TO RESPOND TO THAT.
IT ACTUALLY WILL MEAN THAT THE OVERALL COMPLEX I BELIEVE IS 64% TWO AND THREE-BEDROOM UNITS, WHICH, AGAIN, IS VERY UNUSUAL IN TODAY'S MARKET.
GENERALLY, TODAY, SOMEWHERE BETWEEN 70-80% OF APARTMENTS ARE EFFICIENCIES IN ONE BEDROOMS. WE ARE EXPANDING AMENITIES, AS NOTED, 2,000 SQUARE FOOT ADDITION TO THE CLUBHOUSE AND AN ADDITIONAL DOG PARK WILL BE THERE.
P&Z ADDED A STIPULATION FOR 25% OPEN SPACE, WE ACTUALLY EXCEED THAT AND FEEL VERY COMFORTABLE ABOUT TRYING TO KEEP THE LOW-DENSITY APPEARANCE.
AS NOTED ON THE STAFF COMMENTS, WE ORIGINALLY HAD OVER 20 BUILDINGS BEING ADDED TO THE PLAN, THAT'S NOW BEEN REDUCED TO NINE BUILDINGS, AND IT IS A COMBINATION OF TWO AND THREE-STORY BUILDINGS, WHICH HELPS US PRESERVE OPEN SPACE AS DOES THE REDUCTION IN PARKING.
A LITTLE CLARIFICATION ON THE PARKING.
ALTHOUGH WE ARE HAVING A 14% REDUCTION IN REQUIRED SPACES, IF YOU ACTUALLY COUNT THE TANDEM SPACES, THAT IS SPACES IN FRONT OF GARAGES, WE HAVE OVER 1,000 PARKING SPACES ON SITE,
[00:35:01]
SO THERE'S NO REAL ISSUE ABOUT HAVING A SHORTAGE OF PARKING.WE DO HAVE THE SUPPORT, THE CHASE OAKS HOA, AND I'D LIKE TO MENTION, WE SENT OUT 100 INVITATIONS FOR A BRIEFING MEETING FOR THE NEIGHBORHOOD.
NO ONE CAME. NOW, YOU MAY THINK THAT STRANGE, BUT YOU CAN'T HARDLY SEE THIS APARTMENT COMPLEX FROM THE CHASE OAKS COMMUNITY.
IT'S SEPARATED BY ABOUT 500 FEET OF WIDTH OF GOLF COURSE IN BETWEEN IT AND THE NEAREST SINGLE-FAMILY RESIDENCES.
THEY DID CALL THE PRESIDENT OF THE HOA, AND HE SAID HE RECEIVED ABOUT 15 PHONE CALLS AND EMAILS THE DAY OF THE MEETING, AND NO ONE EXPRESSED ANY CONCERN ABOUT THE REZONING, AND IN FACT, WERE VERY SUPPORTIVE OF THE REINVESTMENT THAT'S BEING MADE.
BETWEEN $25-$30 MILLION IS BEING REINVESTED IN THE LEGENDS, AND THAT'S A COMBINATION OF NEW CONSTRUCTION, AS WELL AS THE UPGRADING OF THE FULL 346 UNITS.
ABOUT HALF OF THAT HAS BEEN DONE TO DATE, ANOTHER HALF WILL BE DONE AS UNITS TURN AND NEW OCCUPANTS COME IN.
THE LEGENDS IS A VERY LOW DENSITY DEVELOPMENT, AS MENTIONED EARLIER, CURRENTLY AT TEN.
BUT EVEN MOVING TO 12, YOU CAN SEE THE OTHER EIGHT APARTMENT COMPLEXES IN THE CHASE OAKS COMMUNITY, THEY PROBABLY AVERAGE AROUND 18, 20 UNITS PER ACRE, SO THIS IS CONSIDERABLY LOWER DENSITY.
YOU'LL ALSO NOTICE THAT THE SETBACK STANDARDS ARE CONSIDERABLY HIGHER FOR THE LEGENDS AS COMPARED TO THE OTHER EIGHT COMPLEXES IN THE AREA.
I MENTIONED THAT FOUR OUT OF THE EIGHT ACTUALLY HAVE THREE STORY BUILDINGS.
MF1 DOES PROVIDE FOR THREE STORY BY RIGHT, WE ARE ASKING FOR AN ADDITIONAL FIVE FEET IN ORDER TO HAVE GREATER FLOOR TO CEILING SEPARATION, WHICH IS CUSTOMARY TODAY IN MOST NEW APARTMENT DEVELOPMENT.
WE COULD STILL DO IT ON THIS, BUT WE WOULD WIND UP HAVING FLAT OR LOW PITCH ROOFS, AND WE THINK THAT YOU WOULD PREFER THE STEEPER HIGHER PITCH ROOFS.
TO SUMMARIZE, WE ARE KEEPING ALL THE KEY PROVISIONS WITH RESPECT TO SETBACK.
YOU HAVE A 70 FOOT LANDSCAPED EDGE ALONG LEGACY THAT IS RETAINED IN A 50 FOOT EDGE AROUND THE PERIMETER, WHICH IS ALSO BEING RETAINED AND NOW THE NEW ADDITION OF THE 25% OPEN SPACE REQUIREMENT THAT WAS APPROVED BY THE PLANNING AND ZONING COMMISSION.
FOURTEEN PERCENT REDUCTION IN PARKING, WHICH SHOULD NOT PRESENT A PROBLEM BECAUSE THERE'S ACTUALLY NEARLY 1,000 PARKING SPACES ON THE SITE WITH THIS PLAN, THE ADDITION OF THE CLUBHOUSE, EXPANSION AND THE TWO DOG PARKS.
AS I MENTIONED, WE SENT OUT THE INVITATION TO 1,100 HOMEOWNERS IN THE AREA THAT SHOWS THE COVERAGE THAT WAS INCLUDED IN THE MAILER.
I'LL TURN IT BACK TO MICHAEL FOR CLOSING.
>> COME UP HERE, FRANK AS WELL, WE CAN ANSWER QUESTIONS.
IS THERE ANY QUESTIONS THAT WE CAN ANSWER? I JUST WANT TO ADD AGAIN, AS FRANK SAID THAT LAST TIME WE WERE HERE, WE WERE TOLD WE DIDN'T DO A GOOD JOB AS FAR AS THE COMMUNITIES NEXT TO US, AS FAR AS THE SINGLE FAMILY WAS CONCERNED.
WE DID SEND 1,100 INVITATIONS OUT.
WE HAD A LOT OF FOOD AND COOKIES AND DRINKS THAT WERE LEFT OVER THAT NIGHT, WHICH WAS OKAY, BUT WE REALLY TRIED.
THE CITY OF ALLEN, WHICH HAS THE GOLF COURSE NEXT TO US, THEY'RE IN COMPLETE AGREEMENT.
ERIC, THE PRESIDENT OF HOA CALLED ME PERSONALLY SEVERAL TIMES.
I SAID, LOOK, EVERYBODY HAS CALLED ME, YOU GUYS HAVE DONE A TREMENDOUS JOB COMMUNICATING WITH US, COMING FULL FRONT AND LETTING US KNOW WHAT YOU'RE DOING, AND WE REALLY APPRECIATE THAT.
ON THIS FRONT, WE REALLY TRIED TO GO THE EXTRA MILE TO MAKE SURE THAT WE COVERED ALL OF OUR BASES AS FAR AS THE MAILER WAS CONCERNED.
>> GOOD. ANY QUESTIONS FOR THE APPLICANT?
>> THANK YOU, MICHAEL. ANY OTHER SPEAKERS? SEEING NONE, I'LL CLOSE THE PUBLIC HEARING
[00:40:03]
AND CONFINE THE COMMENTS TO THE COUNCIL.>> MR. MAYOR, I REMEMBER WHEN I FIRST JOINED PLANNING AND ZONING.
WHAT DID I GET TO SEE BUT LEGENDS? IT WAS VOTED 6:2.
I WAS ONE OF THE TWO THAT VOTED AGAINST IT.
THE REASON I VOTED AGAINST IT BACK THEN WAS THAT THEY WERE GOING TO DO A SIGNIFICANT AMOUNT OF REDUCTION OF THE TREES, IF YOU REMEMBER, ALONG LEGACY.
I FELT THAT WE NEEDED TO KEEP THAT ELEMENT OF THE GREEN SPACE AS AN ENTRY COMING FROM THE EAST HEADING WEST.
SIMILAR AS YOU COME FROM THE WEST HEADING EAST, YOU HAVE THOSE BEAUTIFUL CANOPIES ON LEGACY.
YOU HEARD US AND YOU CAME BACK IN 2022, AND YOU TOOK ALL THE RECOMMENDATIONS WE HAD AND INCORPORATED THEM.
I LOOK BACK NOW AND I NOTICE THAT COUNCIL VOTED AGAINST IT BACK THEN, AND YOU CAME BACK WITH A REVISED PLAN.
THROUGH MY EVALUATION, I'VE WALKED THE SITE, I'VE WALKED THAT GOLF COURSE, AND THIS IS A UNIQUE LOCATION IN THAT IT IS AN ISLAND WITHIN THE CITY OR PENINSULA IF YOU WILL.
IT IS SURROUNDED ON THREE SIDES BY A HUGE EXPANSE OF A GOLF COURSE, AND WELL ISOLATED.
WHEN WE CONSIDER SET BACKS, WE'RE WELL WITHIN THE REQUIREMENTS THERE.
WHEN I LOOK AT THE ZONING, IT'S STILL MULTIFAMILY 1, AND I THINK THERE'S ONLY FOUR IN THE CITY THAT'S MULTIFAMILY 1.
WE'RE STILL MEETING THE 12 UNITS PER ACRE.
THAT'S PART OF THE ZONING REQUIREMENTS.
THEY'RE ONLY INCREASING IT BY WHAT? NINE BUILDINGS AND 70 APARTMENT UNITS.
OUR RESIDENTS ARE DEMANDING MID LEVEL, HIGHER LEVEL APARTMENTS.
PEOPLE ARE WANTING TO LIVE THERE.
YOU SEE AN EXPANSION OVER AT SAMSUNG IN THE CENTRAL CORRIDOR THERE, AND NOW WE GOT ASSEMBLY PARK.
WE'D LIKE THOSE PEOPLE TO LIVE IN PLANO.
I DON'T WANT THEM TO LIVE IN ALLEN.
I DON'T WANT THEM TO LIVE UP IN FAIRVIEW, I WANT THEM TO LIVE HERE. I WANT THEM TO WORK HERE.
THEY MET EVERY REQUIREMENT WE'VE ASKED THEM TO MEET.
TEN ACRES OF GREEN SPACE, IF YOU LOOKED AT THE LAYOUT, THERE'S A LOT OF GREEN SPACE THERE.
I JUST SAW IN THE MORNING NEWS.
I THINK NOW IN APARTMENTS, 69% OF THE APARTMENTS HAVE AN ANIMAL, A PET.
NOW, I DON'T KNOW IF IT'S A DOG.
IT COULD BE A SNAKE, IT COULD BE A GERBIL, BUT 69% OF THE APARTMENTS HAVE PETS.
I THINK THIS IS JUST EXCITING THAT THEY'RE ABLE TO DO THIS.
AN EXPANSION OF THE CLUBHOUSE.
THAT IS, AGAIN, SOME OF THE AMENITIES, WHAT PEOPLE ARE LOOKING FOR IN APARTMENTS.
FOR WHAT THEY'RE PROVIDING, I SAY THEY'RE COMPLIANT WITH MULTIFAMILY 1 ZONING.
THE ONLY THING THAT'S CHALLENGING IS THE HEIGHTS THAT WE HAVE IN THE COMP PLANS.
THE THREE STORY BUILDINGS WHERE THEY'RE GOING TO LOCATE IT, YOU WON'T SEE THEM.
YOU WON'T SEE THEM FROM THE GOLF COURSE, YOU WON'T SEE THEM FROM NEIGHBORHOOD RESIDENTIAL AREAS, AND YOU PROBABLY WON'T SEE THEM FROM LEGACY.
I LIKE WHAT THEY'RE DOING, AND I THINK IT MEETS THE NEED IN THE CITY OF PLANO, SO I'M GOING TO BE IN SUPPORT OF THIS OPPORTUNITY.
>> THANK YOU. IS THAT A MOTION?
>> I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 3.
>> I'LL SECOND. I'LL JUST SAY I VOTED AGAINST THIS TWICE, BUT I DO APPRECIATE THE APPLICANT COMING BACK AND MAKING THE CHANGES THAT WE ASKED FOR AND REDUCING THE DENSITY BY SO MUCH AND ALSO HAVING INVESTED SO MUCH IN THE PROPERTY SINCE THAT TIME.
>> LIKE MAYOR [INAUDIBLE] , I VOTED AGAINST IT TWICE ALSO.
FRANK'S BEEN VERY DILIGENT IN POINTING OUT ALL THE THINGS YOU'VE DONE TO LISTEN TO WHAT WE SAID THE LAST COUPLE OF TIMES.
MY BIG CONCERN INITIALLY WAS JUST PUTTING THOSE THREE STORY UNITS ON THE FRONT OF THE THING AND CUTTING MOVING TREES AND ALL AROUND WAS JUST GOING TO DESTROY THE WHOLE CONCEPT OF WHAT LEGENDS WAS, AND I THINK STILL IS.
I AGREE WITH COUNCILMAN HORN, AT THIS POINT, I THINK YOU'VE REALLY LISTENED TO US AND YOU'VE REALLY ACCOMMODATED THAT BALANCE OF WHAT MAKES SENSE FOR YOU BUSINESS-WISE AND WHAT MAKES SENSE FOR THE COMMUNITY AS A WHOLE, AND I APPRECIATE THAT.
[00:45:01]
THAT DOESN'T ALWAYS HAPPEN, AND YOU'VE BEEN VERY PERSISTENT, WHICH SAYS, I HOPE YOU'RE GOING TO BE A GOOD CONTINUED BUSINESS PROSPECT AND PARTICIPANT IN THE CITY OF PLANO.I LIKE MAYOR PRO TEM, VOTE AGAINST IT, BUT I'M IN FAVOR OF THIS TO GO AROUND.
>> DEPUTY MAYOR. I'LL GET TO YOU, ANTHONY. GO AHEAD.
>> I AM THE ONE WHO SUGGESTS THAT YOU GUYS GO AND SURVEY THE RESIDENTS.
I APPRECIATE YOU TAKING THAT TO HEART AND ACTUALLY DOING THAT.
THE REASON WHY IS, I ALSO LIVE IN THE CHASE OAKS COMMUNITY, AND THERE ARE ACTUALLY, NOT EIGHT, BUT THERE ARE 11 MULTIFAMILY UNITS THAT SURROUNDS MY RESIDENTIAL NEIGHBORHOOD.
MY CONCERN IS WHAT IS GOING TO HAPPEN IF WE WERE TO BREAK PRECEDENCE AND ALLOW NEW DEVELOPMENT INTO LEGEND/THEN THE OTHER 11 BUSINESSES SAY, NOW THERE'S A PRECEDENT BEING SET, SO WE CAN ALL COME AND ASK FOR THE SAME THING.
BUT I THINK AT THIS POINT, THOUGH, THE MAYOR HAS CONVINCED ME THAT IT'S IMPOSSIBLE FOR THE OTHER 11 ORGANIZATIONS OR UNITS TO DO WHAT YOU GUYS ARE DOING.
IT WAS NEVER MEANT TO BE A RENTAL MULTIFAMILY, IT WAS BUILT TO BE A RESIDENTIAL CONDO, BUT SINCE, I GUESS, CONDO WAS NEVER POPULAR, IT BECAME WHAT IT IS TODAY.
IT'S NOT YOUR FALL, IT'S JUST THE WAY THE ECONOMY IS.
I REALLY APPRECIATE THE FACT THAT YOU GUYS ARE KEEPING THE SETBACK, KEEPING THE GREEN, MAKING SURE THAT THE REDEVELOPMENT AND THE REVAMPING REMAINS INTERIOR RATHER THAN HAVING SOMETHING THAT'S EXPOSED IN THE EXTERIOR LIKE CUSTER AND LEGACY.
I REALLY APPRECIATE YOU GUYS DOING THIS, AND I HOPE SUCCESS FOR ALL OF YOU, AND I DO SUPPORT THIS. THANK YOU SO MUCH.
>> THANK YOU, MAYOR. I'M GOING TO HEED THE ADVICE FOR BREVITY.
FIRST, I REALLY APPRECIATE YOU ALL BRINGING THIS DOWN TO 70 UNITS SO THAT IT RETAINS THE MF1 DENSITY.
I ALSO REALLY APPRECIATE THE OUTREACH TO THE ADJACENT NEIGHBORS.
I ALSO WANT TO SAY PERSONALLY, I DON'T KNOW WHETHER IT WAS IN 2020 OR 2022.
I ENJOYED OUR MEETINGS, MICHAEL.
YOU'RE A VERY PERSONABLE GUY, AND SAME TO YOU, FRANK.
NONETHELESS, IN SPITE OF ALL OF THAT GOOD STUFF, I HAVE TO ADMIT THAT I'M PERSUADED BY WHAT THE STAFF SAID THEN AND STILL SAYS TODAY THAT THE APPLICANT STATES THAT THE ADDITIONAL UNITS ARE NECESSARY TO RENOVATE EXISTING UNITS AND MAINTAIN MARKET COMPETITIVENESS.
STAFF IS CONCERNED WITH SETTING A PRECEDENT THAT UPKEEP AND MAINTENANCE OF EXISTING MULTIFAMILY RESIDENCES ARE DEPENDENT ON ALLOWING ADDITIONAL UNITS.
I DO THINK Y'ALL ARE PRETTY UNIQUE. I LIKE YOU ALL.
I APPRECIATE THE TREMENDOUS EFFORTS THAT YOU ALL HAVE MADE, WHICH ARE MORE THAN MOST MAKE, BUT I STILL THINK THAT IT'S JUST DANGEROUS FOR US TO SET A PRECEDENT THAT THE NEED FOR RENOVATION MEANS NEW UNITS BECAUSE I THINK WE HAVE 200 APARTMENT COMPLEXES IN THE CITY OF PLANO.
ALSO, YOU ALL KNOW HOW I FEEL ABOUT THE COMPREHENSIVE PLAN, AND GIVEN THE NON-COMPLIANCE WITH THE COMPREHENSIVE PLAN AND THE STAFF RECOMMENDATION OF DENIAL, EVEN THOUGH I'M TORN BECAUSE OF THE TREMENDOUS EFFORTS YOU ALL HAVE MADE, I HAVE TO VOTE NO ON THIS FOR THE THIRD TIME.
>> SHELBY DO YOU HAVE ANY THOUGHTS?
>> JUST TO ADD MY OPINION TO THAT, I DO APPRECIATE THE APPLICANT'S EFFORTS TO ADDRESS SOME OF THE CONCERNS THAT HAVE COME BEFORE PREVIOUSLY.
MY BIGGEST CONCERNS ARE THINGS THAT CAN'T BE ADDRESSED.
AS COUNCILMAN RICCIARDELLI JUST TOUCHED ON, ADDING DENSITY IN ORDER TO UPDATE THE PROPERTY, WE HAVE A WHOLE CITY THAT NEEDS TO BE REVITALIZED AND WE CAN'T SET THE PRECEDENT THAT THAT HAS TO BE DONE BY INCREASING DENSITY.
>> COUNCILMAN HOLMER, ANY THOUGHTS?
>> HERE'S MY FINAL THOUGHTS ON THIS.
THIS IS A PROPERTY THAT IS NOT ASKING TO BE TAKEN OFF THE TAX ROLLS.
IT IS COMING TO US, SPENDING THEIR MONEY TO MAKE THIS A BETTER PROPERTY, AND WE ALL KNOW HOW IT'S AFFECTING THE CITY OF PLANO WITH PFCS.
THAT ALONE IS A REAL GREAT APPRECIATION FOR YOU COMING AND MAKING YOUR PROPERTY BETTER THAN IT WAS BEFORE.
WE NEED TO INCENTIVIZE MORE PROPERTY OWNERS TO DO THAT.
OF ALL THE PROPERTIES THAT WE HAVE, THAT'S OUR BIGGEST CHALLENGE.
[00:50:02]
I THANK YOU, MICHAEL, FOR BEING ABLE TO DO THAT.THAT ALONE HAS MADE SUCH A BIG DIFFERENCE IN UNDERSTANDING THAT THESE DEVELOPER OWNERS ARE EITHER TAKING IT UPON THEMSELVES TO MAKE THEM BETTER OR THEY'RE TAKING A SLIPPERY SLOPE AND TURNING THEM INTO NON-TAXABLE ENTITIES.
I APPRECIATE THE COMPROMISE THAT YOU'VE MADE OVER THESE LAST TWO ITERATIONS, AND I'M IN SUPPORT OF THIS.
I THINK WE HAVE A MOTION AND A SECOND.
ALL IN FAVOR, PLEASE RAISE YOUR HAND. ALL OPPOSE.
>> IT'S 6:2. EVERYBODY, WE HAVE TO FILL OUT THE FORMS. WE'LL TAKE A FIVE MINUTE RECESS.
OUR NEXT ITEM IS COMMENTS OF PUBLIC INTEREST.
>> WE HAVE NO SPEAKERS THIS EVENING.
>> THERE BEING NO FURTHER BUSINESS, WE'RE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.