* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. THERE WE GO. [00:00:02] IT IS SEVEN O'CLOCK. [Planning and Zoning on October 13, 2026.] SO WE, I WILL CALL THIS MEETING OF THE PLANNING AND ZONING COMMISSION FOR TUESDAY, OCTOBER 13TH, 2026 TO ORDER. FIRST IS ROLL CALL AND WE DO, WE HAVE VICE CHAIR WETZ HERE AND CHAIR HUDSON. THAT'S ME IS HERE. UH, CORY HALL. COMMISSIONER HALL HERE. COMMISSIONER DE DELAY HERE. COMMISSIONER DEION. HERE. COMMISSIONER DAN HERE. AND COMMISSIONER DE LA CRUZ HERE. RIGHT. WE HAVE A FULL HOUSE. EXCELLENT. UH, NEXT UP IS PUBLIC COMMENT. DO WE HAVE ANYONE SIGNED UP TO SPEAK ON PUBLIC COMMENT? SO WE DID RECEIVE AN EMAIL REGARDING THE THOMASON SUBDIVISION, PRELIMINARY PLAT. UH, I BELIEVE THAT SHOULD BE IN YOUR PACKET. IF NOT, I CAN GET THAT PULLED UP AND, UM, READ THAT TO YOU GUYS. UM, AND I'M NOT SURE IF THE PERSON IS HERE IN THE ROOM RIGHT NOW. OKAY. UH, I DO NOT SEE A NAME ON THE COMMENT WE RECEIVED. UH, IT IS AN OBJECTION. I JUST DON'T SEE A NAME ON IT. OKAY. I'LL GET THAT INFORMATION FOR YOU. AND AT THE TIME OF THE ITEM, I'LL GET THAT EMAIL PUT UP, GIVE YOU THAT NAME, AND, UM, UH, READ THAT EMAIL TO Y'ALL. AND THAT, UH, COMMENT IS ON THE FRONT SIDE OF ITEM 5.4 IN YOUR PACKET. I WANT TO SAY IT'S PROBABLY PAGE 25 OR SO, BUT IT LOOKS LIKE THE NUMBER GOT CHOPPED OFF. SO IF YOU FIND 5.4, GO BACK ONE PAGE. THERE IT IS. OH, I READ IT. I, I KNOW, I KNOW WHAT IT IS. I READ IT. OKAY. AND I'M, I'M JUST NOT SURE WHO SUBMITTED IT 'CAUSE THERE'S NO NAME. OKAY. SO, UM, THAT'S THE COMMENT THAT'S INCLUDED IN THE PACKET. THERE WERE NO PUBLIC COMMENTS. SO WITH THAT, WE'LL MOVE ON TO ITEM 4.1 MINUTES CONSIDERATION AND POSSIBLE ACTION ON THE MEETING MINUTES FROM THE REGULARLY SCHEDULED PLANNING AND ZONING COMMISSION MEETING HELD ON SEPTEMBER 1ST, 2026, AND THE MEETING MINUTES FROM THE SPECIAL JOINT MEETING OF CITY COUNCIL AND PLANNING AND ZONING ON AUGUST 13TH, 2026. ARE, IS THERE ANY DISCUSSION, COMMENTS ON, ARE YOU WANTING A MOTION FOR H ONE SEPARATELY, OR ARE YOU WANTING, CAN WE MAKE A MOTION TO APPROVE BOTH OF THEM JOINTLY? UH, IF THERE'S NO OBJECTIONS, I THINK WE CAN DO BOTH, UH, BOTH OF 'EM AT THE SAME MOTION. OKAY. UNLESS SOMEONE HAS SOMETHING THAT, SOME DISCREPANCY OR SOMETHING LIKE THAT, I THINK IT'S OKAY TO DO ONE MOTION BECAUSE THEIR, THEIR ITEMS ARE COMBINED. MM-HMM . MAKE A MOTION TO APPROVE AS PRESENTED THE MEETING. I'LL, OKAY. SO I HAVE A MOTION BY COMMISSIONER DA ON AND A SECOND BY COMMISSIONER DE DELAY. ALL RIGHT. ANY DISCUSSION ON THE MOTION? I, I JUST HAVE A QUESTION. UM, I I, I DON'T CARE WHAT, HOW WE DO IT OR, OR IF WE DO IT, BUT I WAS JUST THINKING, DO YOU THINK IT WOULD BE BETTER IF OUR, OUR MINUTES HAD A LITTLE BIT OF THE DISCUSSION ON EACH ITEM THAT WE TALKED ABOUT INSTEAD OF, I MEAN, THAT WAY THE GENERAL PUBLIC, WHEN THEY CAME, THEY COULD SEE, WELL, THIS COMMISSIONER SAID THIS, OR, OR WHAT, OR IS THAT, IS THAT TOO MUCH? I, I, I HONESTLY THINK THAT WOULD BE A BURDEN ON STAFF TO TRY TO RECORD AND TRANSCRIBE WHAT IS BEING SAID. OKAY. I MEAN, JUST, AND WHAT'S IMPORTANT ENOUGH TO ACTUALLY PUT IN THERE, BECAUSE IT'S, IF WE TALK ABOUT IT FOR 10 MINUTES, YOU'D HAVE TO DECIDE WHAT WAS THE, WHAT'S IMPORTANT TO PUT. NO, I JUST, I JUST, I DON'T HAVE A PROBLEM WITH IT. IT'S JUST SOMEBODY BROUGHT IT UP TO ME, UM, A FEW DAYS AGO. YEAH. I MEAN, I, I, I GET THAT KIND OF AN EXECUTIVE SUMMARY OR SOMETHING LIKE THAT MIGHT NOT BE A BAD THING TO DEVELOP, BUT AT THIS POINT WITH THE STAFF LIMITATIONS THAT WE HAVE. OKAY. I WOULD SAY, YOU KNOW WHAT, IF, IF THEY WATCH THE RECORDED MEETING, IF THEY REALLY WANT TO, THEY CAN WATCH OR LISTEN AND GET THE INFORMATION THAT WAY. AND I DID TELL THIS PERSON EXACTLY THAT. [00:05:01] OKAY. BUT I ALSO DID PROMISE THEM THAT I WOULD BRING IT UP AND LET THE COMMISSION MAKE A DECISION ON IT. SO BOX HAS BEEN CHECKED. UH, LOOKS LIKE HOWARD'S GOT SOMETHING. YEAH. HI, HOWARD KUNZ, DEVELOPMENT SERVICES DIRECTOR FOR THE RECORD. UH, YOU'RE CORRECT. IN LIGHT OF OUR TECHNOLOGY THAT RECORDS, UH, AUDIO AND VIDEO, THE EXPECTATION WAS ACTION MINUTES THAT WILL BE PRINTED AND ACTED UPON. BUT IF YOU HAVE A QUESTION ABOUT THEM SOMETIME IN THE WEEK BETWEEN PACKETS BEING CREATED AND TONIGHT'S MEETING, YOU WOULD GO BACK AND WATCH THE RECORDING THAT'S ON THE CITY'S WEBSITE FOR ANY TYPE OF CLARITY OR ANY CHANGE YOU WANNA MAKE. OKAY. I, LIKE I SAID, I, I PROMISED HIM I WOULD BRING IT UP SO I DID WHAT I SAID I WOULD DO. BOX HAS BEEN CHECKED. HUH? THE BOX HAS BEEN CHECKED. . ALRIGHT, ANY FURTHER DISCUSSION ON 4.1? ALL RIGHT. HEARING NONE, WE'VE GOT A MOTION FROM, AGAIN, REMINDER, A MOTION FROM COMMISSIONER DAON AND A SECOND BY COMMISSIONER DE DELAY. SO WITH NO FURTHER DISCUSSION, I WILL CALL FOR VOTE. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED? SAME SIGN. MOTION PASSES. SEVEN ZERO. NEXT IS ITEM 5.1, ELECTION OF PLANNING AND ZONING COMMISSION CHAIR. ALL RIGHT. WE ARE A LITTLE OVERDUE ON THIS FULL DISCLOSURE. WE, WE TYPICALLY LIKE TO DO THIS IN AUGUST, BUT WE GOT AROUND TO IT. SO, UH, THE FIRST QUESTION I ALWAYS LIKE TO ASK IS ANYONE INTERESTED IN BEING CHAIR? BECAUSE IF YOU'RE NOT INTERESTED IN BEING CHAIR, WE PROBABLY SHOULDN'T NOMINATE YOU TO BE CHAIR. SO, IS ANYONE INTERESTED IN CHAIR? ? GO AHEAD. YOU'RE IT? ALRIGHT, WELL THEN I WILL, I'LL NOMINATE YOU AND WE'LL JUST GO FROM THERE. ALL RIGHT, I'LL SECOND ON SO YOU DON'T NEED A SECOND ON NOMINATION. SO WE HAVE A NOMINATION FOR RICK HUDSON TO CONTINUE AS CHAIR. ARE THERE ANY OTHER NOMINATIONS FOR CHAIR? HEARING NONE. I WILL CALL FOR VOTE. THE VOTE IS, IS RICK HUDSON GOING TO CONTINUE AS CHAIR? ALL IN FAVOR SAY AYE. AYE. AYE. ALL OPPOSED? SAME SIGN. AND THAT PASSES. CAN WE GET THE FIRST AND THE SECOND JUST FOR OUR MINUTES? WHO, WHO, UH, MADE THE MOTION AND WHO SECONDED? UH, YOU MADE THE MOTION. OH, I MADE THE MOTION. I THINK SHE SECOND. I SECOND IT. OKAY. THANK YOU. MM-HMM . SORRY. YES, WE HAVE, UH, WE HAVE DELAY. AND DAN. ALL RIGHT. 5.2 ELECTION OF THE PLANNING AND ZONING COMMISSION. VICE CHAIR. CURRENTLY TONY WIRTZ IS VICE CHAIR. IS THERE ANYONE WHO WOULD LIKE TO BE CONSIDERED FOR NOMINATION FOR VICE CHAIR? IF NO ONE ELSE WANTS TO DO IT, I'LL DO IT AGAIN, BUT, ALL RIGHT. WELL THEN I WILL NOMINATE TONY WIRTZ FOR VICE CHAIR. SECOND. I'LL MAKE A MOTION. OKAY. WE HAVE HUDSON HALL FOR FORTS. ALL RIGHT. WE HAVE, UH, MYSELF AND UH, COMMISSIONER HALL AS SECOND. ANY OTHER NOMINATIONS? ALL ALRIGHT THEN I WILL CALL FOR, VOTE FOR COMMISSIONER WORTZ TO BE VICE CHAIR OF PLANNING AND ZONING. ALL IN FAVOR SAY AYE. A AYE. ALL OPPOSED? SAME SIGN. MOTION PASSES. SEVEN ZERO. FORGOT TO GAVEL THE FIRST ONE. THERE WE GO. GOT IT. ALL RIGHT. 5.3. CONDUCT A PUBLIC HEARING AND CONSIDER POSSIBLE ACTION ON THE THOM THOMASON SUBDIVISION ESTATES OF HURO. PRELIMINARY PLAT 53.12 ACRES, MORE OR LESS OF LAND CONSISTING OF 140 SINGLE FAMILY RESIDENTIAL LOTS FOR OPEN SPACE DRAINAGE, EASEMENT LOTS AND ONE LIFT STATION LOT. HELLO COMMISSIONERS. MANNY HERNANDEZ FOR THE RECORD. SO UP ON THE SCREEN WHAT YOU HAVE RIGHT NOW IS TWO LOCATION MAPS, JUST SO THAT YOU CAN GET ORIENTED AS TO WHERE THIS SITE IS LOCATED ALONG, UM, THAT INTERSECTION OF CR 1 33 AND CR 1 32 ON THE NORTH SIDE OF HU. UM, SO A LITTLE BIT ABOUT, UH, ABOUT THIS SITE. A LITTLE HISTORY ON THE SITE IS IT'S, UH, ORIGINALLY ANNEXED IN OCTOBER OF 2021. THE SITE CONSISTS OF 53.12 [00:10:01] ACRES. DEVELOPMENT AS STATED EARLIER, WILL BE 140 SINGLE FAMILY LOTS FOR OPEN SPACE DRAINAGE, UM, LOTS AND ONE LIFT STATION LOT ALONG THE NORTH SIDE OF THE PROPERTY. YOU HAVE MUSTANG CREEK FLOODPLAIN. UM, AND YOU'LL SEE A DEDICATED 12 ACRES FOR THAT AS WELL ON THE PLA. SO HERE YOU HAVE THE PLAT AND YOU'LL SEE THOSE 12 ACRES AS HAD MEN, AS I HAD MENTIONED EARLIER, UH, TO THE NORTH YOU'LL HAVE, UH, THE MUSTANG CREEK SEPARATING, UM, THIS FROM THE NORTHERN PROPERTIES. UM, BUT THAT'S ETJ, UH, TO THE EAST. YOU ALSO HAVE UNDEVELOPED LAND THAT IS CURRENTLY ETJ TO THE SOUTH. YOU HAVE A SINGLE FAMILY SUBDIVISION AND TO THE WEST YOU HAVE A UNDEVELOPED, UH, LAND WITHIN THE ETJ WITH A DEVELOPMENT AGREEMENT. UM, ONE OF OUR TYPICAL CHAPTER 43 AGREEMENTS WHERE IF ANY CHANGES OCCUR TO THE LAND, UM, THEY'RE TO BE ANNEXED. SO HERE'S ANOTHER IMAGE OF THE SUBDIVISION FOR YOU GUYS. UM, JUST SO THAT YOU GUYS GET A CLEAR PICTURE OF IT, UH, YOU HAVE ONE ENTRY ON CR 1 33 AND ONE ENTRY ON CR 1 32 WITH A STUB OUT FOR, UH, ANY FUTURE DEVELOPMENT AND CONNECTIVITY THERE. UM, AND DUE TO THE CREEK ON THE NORTH SIDE, THERE'S NO CONNECTIVITY OVER, UM, THE RIVER. SO PUBLIC HEARING NOTICES WERE MAILED OUT, UM, WITHIN A TO 20 PROPERTY OWNERS WITHIN A 200 FOOT RADIUS. AND TO DATE, ONE LETTER HAS BEEN RECEIVED, WHICH HAS INCLUDED IN YOUR PACKET. UM, IT'S FROM, UH, JAMES AND EVELYN PUGH. UM, OKAY. AND SO WITH THAT IN MIND, UH, STAFF HAS COMPLETED THE REVIEW OF THIS PROPOSED PRELIMINARY PLAT. ALL THE COMMENTS FROM THE INITIAL REVIEW CYCLE TO TODAY HAVE BEEN CLEARED. UH, STAFF HAS DETERMINED THAT THIS REQUEST COMPLIES WITH OUR ZONING AND DEVELOPMENT STANDARDS AND IT'S NOT SUBJECT TO THE SHOT COLLECT BILL. AND SO STAFF RECOMMENDS APPROVAL OF THIS PLAT AS PRESENTED. ALRIGHT, SO THIS DOES CALL FOR A PUBLIC HEARING. SO I WILL OPEN THE PUBLIC HEARING AT 7:12 PM IS THERE ANYONE FROM THE PUBLIC WHO WOULD WISH TO SPEAK ON THIS ITEM? ALRIGHT, SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING AT 7:12 PM AND OPEN IT UP TO DISCUSSION FROM THE DAIS. UM, I WOULD LIKE TO START OUT, I BELIEVE WE SAW THIS ABOUT FIVE YEARS AGO AND IT WAS APPROVED. IT WAS APPROVED AT THAT TIME? YES. AND THAT'S IN THE, I BELIEVE THAT'S IN THE PACKET AS WELL. BUT YEAH, IT WAS APPROVED FIVE YEARS AGO. UM, OBVIOUSLY I WASN'T HERE AT THAT TIME, BUT I TRACED DOWN A LITTLE BIT ABOUT THE HISTORY OF THE PROJECT. I THINK THEY ALSO INCLUDED A LITTLE BIT OF THAT INFORMATION IN THEIR SUBMITTAL LETTER. OKAY. UM, BUT ESSENTIALLY IT JUST EXPIRED AND SO THEY'RE COMING BACK FOR APPROVAL ONCE MORE. AND, UH, MY QUESTION WAS GONNA BE, YOU KNOW, YOU'VE GOT THE, THE OLD PLAT, I COULD GO AND DIG THROUGH MY BOX OF P AND Z STUFF AT HOME, BUT DID YOU NOTICE ANYTHING SUBSTANTIALLY DIFFERENT? NO. THE PREVIOUS, NO, IT WAS PRETTY MUCH, UM, THE SAME THING. YEAH, I KNOW, I, I BELIEVE THE APPLICANT IS HERE IN THE ROOM IF YOU HAVE ANY QUESTIONS FOR THEM AS WELL. OKAY. UM, I SEEM TO REMEMBER THAT CITY COUNCIL WAS ALSO DEBATING THE, UH, CR 1 33. THEY'RE ON THE WEST BORDER OF THE PROPERTY. AS FAR AS HOW MUCH OF THE SHARE THEY'RE ON THE, THEY, THEY WERE GOING TO CONTRIBUTE OR PAY OR DEDICATE OR EXACTLY WHAT THAT PROCESS WAS. SO, SO IF YOU LOOK AT THE IMAGE UP HERE, I BELIEVE 1 33 AND LET'S PULL UP THE LOCATION MAP JUST TO CONFIRM. 1 33. IT'S RUNNING NORTH SOUTHBOUND, SO THEY'RE ON THE EASTERN SIDE OF IT. CORRECT. UM, ON THIS PLAT, THERE IS SOME SPACE LEFT THERE FOR DEDICATION OF, UH, RIGHT OF WAY FOR 1 33. THAT IS CORRECT. MM-HMM . YEP. AND I BELIEVE THE FURTHER NORTH THERE IS ANOTHER SUBDIVISION WHICH HAS ALREADY CAUSED THAT ROAD TO BECOME, UM, CITY ROAD. OKAY. STILL GOT THE RIGHT OF WAY DEDICATION. I'M JUST ASKING SINCE THIS IS A NEW PRELIMINARY PLAT BECAUSE THE OLD ONE EXPIRED, WANNA MAKE SURE THAT HEY, WE DIDN'T FORGET TO [00:15:01] PUT THE RIGHT OF WAY DEDICATION IN THERE OR WE DIDN'T, WE DIDN'T SAY, AH, YEAH, YOU DON'T NEED SIDEWALKS ANYMORE. SOMETHING RIDICULOUS LIKE THAT. YEAH. SO THE, THE PLAT NOTES DO INCLUDE THE STEREOTYPICAL NOTES WITH SIDEWALK AND TREE REQUIREMENTS AND UM, UH, BUT WE'LL STAFF WILL LOOK AT THOSE AT, UM, LATER DATE. OKAY. FOR THE SIDEWALK PLACEMENT AND ALL THAT. WELL THAT, THAT WAS ALL I HAD ON ON THAT. UH, YEAH, I JUST GOT A QUESTION. SO, UM, THIS WAS FIVE YEARS AGO, YOU KNOW, FROM FIVE YEARS AGO GETTING APPROVED TO IT TO IT. NOW A LOT HAS CHANGED, YOU KNOW, FOR FIVE YEARS NOW THE TRAFFIC HAS GOTTEN TRIPLE MORE PROBABLY. AND SO, UH, ON ON THAT ASPECT, HAS ANYTHING CHANGED FOR THEM TO BE ABLE TO ADJUST FOR THIS TRAFFIC? ESPECIALLY ON THE, ON ON ON THAT ROAD THAT IT'S ON. IT WASN'T AS MUCH TRAFFIC AND FIVE YEARS AGO IT WAS PROBABLY NO TRAFFIC THAT WAY. NOW YOU GOT LIMBER LOOP RIGHT AROUND THAT CORNER AND EDGE MIT AROUND THEM CORNERS. THAT'S THAT SLAMMED. YEAH. SO IF I'M NOT MISTAKEN WITH THE DEDICATION OF THE RIGHT OF WAY, IT'S IN LINE WITH THE MASTER MOBILITY PLAN. SO AT THE TIME THAT THE CITY DECIDES TO EXPAND OR WHATEVER THEIR PLAN IS EXACTLY WITH THAT ROAD, THAT'LL BE KEPT IN MIND AND WITH THEIR RESUBMISSION, THEY HAD TO, Y'ALL HAD TO REDO YOUR TIA, IS THAT CORRECT? YEAH, THE TRAFFIC SHOWING THAT'S CAMERA 30 30 AND DEDICATE RIGHT AWAY FOR 1 33 TO BE ACTUALLY SIX FOOT SIX. YEAH. AND UH, RIGHT AWAY SHIFT TOWARDS, UH, SO, OKAY. I HAVE NO QUESTIONS. ANY OTHER QUESTIONS ON, UH, THE LIFT STATION? IS THAT FOR THIS NEIGHBORHOOD ALONE OR IS THIS BEING UTILIZED IN THE FUTURE FOR, IT'S JUST FOR THE STATION. OKAY. I MAKE MOTION TO APPROVE IT. ALRIGHT, SECOND. WELL I HAVE A MOTION FROM COMMISSIONER HALL AND A SECOND FROM COMMISSIONER DELEON TO APPROVE 5.3 AS PRESENTED. UM, ANY DISCUSSION ON THE MOTION? OKAY, HEARING NONE I WILL CALL FOR VOTE. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ALL OPPOSED? SAME SIGN. MOTION PASSES. SEVEN ZERO OUR ALL RIGHT. ITEM 5.4, CONDUCT A PUBLIC HEARING AND CONSIDER PUBLIC A PUBLIC ACTION ON THE FINAL PLAT OF GOLA SUBDIVISION PHASE FIVE, 60.706 ACRES MORE OR LESS OF LAND CONSISTING OF ONE OPEN SPACE. LOT. HELLO, UH, COMMISSIONERS. UM, SO ONE THING TO NOTE, UM, THIS DOES SAY THAT IT'S, UM, PUBLIC HEARING THAT WAS, UH, AIR ON OUR END, UH, WITH FINAL PLATS. THEY DO NOT REQUIRE A PUBLIC HEARING. IT WASN'T NOTICED AS SUCH EITHER IT WAS JUST IN THE AGENDA PREPARATION STAGE. UM, IT WAS SOME CARRY OVER TEXT. OKAY. WELL THEN WE WON'T DO A PUBLIC HEARING ON THIS ONE. . UM, SO UP ON THE SCREEN YOU HAVE TWO LOCATION MAPS. ONCE AGAIN, UM, THIS IS PHASE FIVE OF THE GOLA SUBDIVISION. UM, MUCH OF THE SUBDIVISION HAS ALREADY BEEN BUILT OUT, UM, AS CAN BE SEEN ON THAT LEFT HAND SIDE. SO, UH, THIS IS LOCATED OFF OF SOUTH FM 1660 ON THE SOUTH SIDE OF TOWN. UM, AND YEAH, THAT'S KIND OF THE LOCATION. NOW Y'ALL HAVE AN IDEA. UH, SO THIS LAND WAS ORIGINALLY ANNEXED IN, UH, 2021. IT'S 60, UH, ACRES ROUGHLY. UM, IT'LL BE ONE OPEN SPACE LOT AND IT'S UH, PRETTY MUCH ALL FLOODWAY UH, EXCEPT FOR A LITTLE SLIVER THERE. AND YOU'LL SEE IT HERE ON THE NEXT IMAGE. SO, UH, ANYTHING ABOVE THAT DASH LINE IS OUTSIDE OF THE FLOODWAY, ANYTHING BELOW THAT AND IS GONNA BE INSIDE THE FLOODWAY. OKAY. AND SO NOT SHOWN HERE ON THE [00:20:01] SOUTH SIDE IS UH, BRUSHY CREEK AND THEN THOSE PROPERTIES ON THE OTHER END ARE WITHIN THE ETJ. AND I'LL GO BACK OVER HERE. UM, SO YOU'LL SEE THAT IT IS MOSTLY ETJ SURROUNDING THIS PROPERTY. YOU DO HAVE SOME LIGHT INDUSTRIAL TO THE EAST BRUSHY CREEK AND ETJ TO THE SOUTH, UM, UH, ETJ TO THE WEST. AND THEN TO THE NORTH YOU HAVE THAT FM 1660 RIGHT OF WAY. YOU HAVE THAT STROMBERG, PUD, UM, AND ANOTHER SUBDIVISION OVER THERE TO THE NORTHEAST . SO, YOU KNOW, UH, I REALLY, WITH IT JUST BEING AN OPEN SPACE SLOT AND YOU KNOW, BEING PHASE FIVE OF THIS MOSTLY BUILT OUT SUBDIVISION, THERE'S REALLY NOTHING. THERE WAS REALLY NO COMMENTS FROM STAFF ASIDE FROM SOME MINOR ADMINISTRATIVE STAFF ON THE FIRST ROUND. AND YOU KNOW, THAT'S ALL BEEN CLEARED SINCE, UM, IT COMPLIES WITH ALL THE DEVELOPMENT STANDARDS. THIS IS NOT A SHOCK CLOCK BILL AND STAFF RECOMMENDS APPROVAL OF THIS AS PRESENTED. ALRIGHT, I DO HAVE A QUESTION, UH, KIND OF REGARDING PROCEDURE ON THIS SINCE IT IS SIMPLY AN OPEN SPACE ON THIS PLAT. UM, I GUESS THE QUESTION I HAVE IS WHY WASN'T THIS INCLUDED WITH THE PLAT THAT ISN'T OPEN SPACE JUST TO THE NORTH OF IT? I'M NOT EXACTLY SURE ON THE HISTORY OF THE PROJECT. UM, IS IT, IS APPLICANT HERE IN THE ROOM TONIGHT? YEAH. UM, I'LL ALLOW THEM TO SPEAK TOWARDS IT. SO COME, COME ON UP . AND JUST TO LET Y'ALL KNOW, UH, I'M A REPRESENTATIVE FOR BGE BUT I WAS NOT INVOLVED WITH THIS PROJECT AS MUCH. I BELIEVE THE REASON FOR THE PHASE FIVE PLATTING WAS SOLELY DUE TO FEE TIMING. UM, THE ACREAGE ADDED ON WITH, WITH PHASE FOUR, THEY WOULD HAVE JUST PREFERRED TO PAY PAY THAT NOW. SO, OKAY. I, I WAS CURIOUS 'CAUSE YOU KNOW, WE'VE, WE'VE LOOKED AT PHASES ONE THROUGH FOUR IN THE PAST HERE ON P AND Z AND OKAY, WHY ARE WE DOING AN OPEN SPACE PHASE FIVE? THAT SEEMS A LITTLE WEIRD. . UM, YEAH, THEY, THEY'RE JUST PLATTING THE PARKLAND TO BE OKAY. FULLY COMPLIANT WITH THE PRELIMINARY PLAN. SO, SO IT'S NOT LIKE, AH, HEY WE DECIDED NOT NO, NOT TO BUILD HOUSES THERE OR THE PARK OR A MINUTE CENTER OR WHATEVER. RIGHT. OKAY, COOL. MAKING SURE NOTHING REALLY CHANGED. IT WAS JUST NO SIR. YEAH, OPEN SPACE PLATTING, THAT'S DIFFERENT. DIFFERENT FOR SURE. UM, ALRIGHT, WELL THANK YOU. YEAH. ANY OTHER QUESTIONS? ALRIGHT THEN I'LL ENTERTAIN A MOTION ON 5.4. SOUND LIKE A, MAKE A MOTION THAT WE ACCEPT 5.4 IS WRITTEN. SECOND. ALRIGHT, I HAVE A MOTION BY VICE CHAIR WETZ. YEAH, YOU LIKE THAT? AND, UH, AND THAT WAS, UH, COREY. ALRIGHT. AND SECOND BY COMMISSIONER HALL. OKAY. ANY DISCUSSION ON THE MOTION? HEARING NONE, I'LL CALL FOR VOTE. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ALL OPPOSED? SAME SIGN. MOTION PASSES SEVEN ZERO ITEM 5.5, CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION FOR A REVISED PLANNED UNIT DEVELOPMENT ZONING ORDINANCE REQUEST FOR THE PROPERTY KNOWN AS 4 1 1 4 2 1 4 3 1 AND 4 4 1. EDGE SCHMIDT BOULEVARD, PUD 4.30 ACRES, MORE OR LESS OF LAND LOTS. 2, 3, 4, AND FIVE OF THE EMERY FARMS COMMERCIAL SUBDIVISION LOCATED ON EDGE SCHMIDT BOULEVARD. HELLO, COMMISSIONERS. UH, MANNY WANTS MORE. SO YOU'LL SEE THIS LOT IS LOCATED ALONG EDGE SCHMIDT BOULEVARD JUST RIGHT IN THE HEART OF ALL THAT COMMERCIAL AREA. UM, TO THE EAST YOU HAVE, UH, HURO DISCOVERY UNITED METHODIST CHURCH. UH, WITHIN THE ETJ TO THE NORTH, YOU HAVE A B ONE LOT, I BELIEVE THERE'S CURRENTLY A DAYCARE THERE. UM, TO THE WEST YOU HAVE THE EMORY FARM SUBDIVISION AND TO THE SOUTH, UM, YOU HAVE ANOTHER B ONE LOT. UM, WITH THIS PUD REVISION, REALLY MOSTLY PERTAINING TO LOTS TWO AND THREE, YOU COULD TECHNICALLY CONSIDER LOT FOUR A TO THE SOUTH, WHICH IS THE TOM PLACE SUITES, UM, CURRENTLY, UH, AND THEN JUST SOUTHEAST IS HANSON'S CORNER WITH HOME DEPOT, PANERA, CHICK-FIL-A, [00:25:02] ET CETERA. UM, SO ORIGINALLY, UH, AS NOTED IN THE PACKET, I BELIEVE THE EMORY FARMS SUBDIVISION PLAT WAS 2007. UM, THE COMMERCIAL ASPECT, THE PUD WAS APPROVED. THE ORIGINAL PUD WAS APPROVED IN 2020. IT HAD ALL FOUR LOTS IN 2023, YOU SEE LOTS FOUR AND FIVE UM, BE COMBINED INTO ONE FOR THAT DEVELOPMENT OF THE TOWN PLACE SUITES. UH, YOU ALSO SEE YOUR FIRST AMENDMENT OR YOU SEE AN AMENDMENT TO THE PUD. UM, IT ESTABLISHES THE HOTEL USE BY RIGHT, UH, WITHIN THE PUD IT PROVIDES A HEIGHT INCREASE FOR LOTS FOUR AND FIVE AND IT INCLUDED, UH, UPDATED SITE PLAN AND ELEVATION CHANGES, UM, FOR THAT TOWN PLACE SUITES AS EXHIBITS WITHIN THAT DOCUMENT. THOSE WERE THE MAIN CHANGES THAT YOU SAW IN 2023, THE SURROUNDING USES I ALREADY COVERED. UM, AND THEN ON THE RIGHT HAND SIDE YOU HAVE, UH, THAT TEXT FOR, UH, WITH THE RED FROM THE RED LINE DOCUMENT SHOWING, UH, WHAT THEY'RE REQUESTING NOW, WHICH IS ADDING THE BUILDING HEIGHTS FOR TWO AND THREE. SO CURRENTLY WITH A B ONE BASE, SONY DISTRICT, THEY HAVE A MAX HEIGHT OF, UH, 35. UH, AND SO THEY'RE ADDING, THEY'RE CHANGING THAT TO BE IN LINE WITH THE NEIGHBORING HOTEL OF TOWN PLACE SUITES. UM, IT'S A LITTLE BIT SHORTER AT THE BUILDING, UM, LIKE AT THE ROOF, BUT WITH THE PARAPET, UH, IT'S, IT'S RIGHT THERE IN LINE WITH THE NEIGHBORING USE. UM, THEY'RE ALSO ADDING, UM, A BUFFER YARD REQUIREMENT FOR LOTS TWO AND THREE, WHICH WILL COVER A LITTLE BIT MORE IN DETAIL LATER ON IN THE STAFF REVIEW, UM, ABOUT SOME OBSERVATIONS RELATING TO THAT BUFFER YARD. OKAY. SO IN ADDITION TO THOSE TWO OTHER, UM, CHANGES THAT I NOTED WITH THE BUFFER YARD AND THE HEIGHT, UH, THE OTHER MAJOR CHANGE WITHIN THIS, UH, PUD REVISION IS ADDING THOSE UPDATED EXHIBITS FOR THE ELEVATIONS OF THE, UM, HOTEL, WHICH IS PLANNED TO BE A HOME TWO SUITES ON THIS LOTS TWO AND THREE. AND IT SHOULD ALSO BE NOTED THAT, UH, THE APPLICANT ALSO HAS AN AMENDED PLAT, UH, IN REVISION IN REVIEW RIGHT NOW TO COMBINE THOSE TO ENABLE THIS TO, TO OCCUR. UM, SO THIS IS THE, THE UPDATED EXHIBIT FOR THE ELEVATIONS, AND THEN THIS WILL BE AN UPDATED EXHIBIT FOR THE, UM, SITE PLAN, WHICH AT THIS TIME ARE CONCEPTS. SO SOME ADDITIONAL CHANGES THAT, UM, YOU CAN OBSERVE WITHIN THAT RED LINE DOCUMENT AND THAT STAFF HAS CHOSEN TO POINT OUT WITHIN THE PRESENTATION IS, UM, THE ELIMINATION OF TEXT RELATING TO MONITOR MODIFICATIONS. WHAT THAT MEANS IS THAT ALL FUTURE MODIFICATIONS TO THE, UH, PUD WOULD BE CONSIDERED, UH, MAJOR MODIFICATIONS. UH, AND SO THAT'S ONE THING TO KEEP IN MIND. UH, THE LOADING AREA SCREENING REQUIREMENTS SECTION IS BEING REMOVED, IT LOOKS LIKE ON THEIR CONCEPT PLAN. THEY'RE NOT LOOKING TO INCLUDE A LOADING AREA. UM, BUT IT SHOULD BE NOTED THAT WITHIN OUR CODE WE DO HAVE A REQUIREMENT FOR A LOADING AREA. SO THAT'LL BE SOMETHING THAT'LL HAVE TO BE WORKED OUT WITH THE APPLICANT AT THIS TIME OF SITE PLAN REVIEW. UM, BUT JUST AN OBSERVATION OF SOMETHING THAT IS BEING REMOVED. UH, THEY'RE REMOVING LANGUAGE RELATING TO, UM, LICENSE AGREEMENTS WITHOUT WITHIN THE RIGHT OF WAY. UM, BUT AS I'LL COVER LATER OR I'LL COVER IT NOW, UH, SOME OF THESE CHANGES ARE, WE ALREADY HAVE OTHER DOCUMENTS IN PLACE LIKE THE UDC AND ENGINEERING REQUIREMENTS THAT, UM, WOULD, WOULD STILL REQUIRE THESE. SO JUST BECAUSE IT'S BEING REMOVED DOESN'T MEAN THAT IT WON'T BE IN EFFECT JUST OBSERVATIONS THAT WE'RE, WE'RE NOTICING WHILE WE'RE CONDUCTING THE REVIEW. AND ALSO REMOVING A SECTION RELATING TO INTERNAL STREET LANDSCAPING, UM, BECAUSE THERE'S GONNA BE NO INTERNAL STREETS, IT'S ALL PRIVATE DRIVES, SO IT'S JUST ONE OF THOSE CHANGES AS THE PUD HAS BEEN REVISED, IT'S NO LONGER NECESSARY. SO THERE WAS OTHER CHANGES. THESE ARE KIND OF JUST TO GIVE YOU AN IDEA OF WHAT WE ARE SEEING, UM, BUT WE'RE, WE'RE CONSIDERING THEM MINOR IN NATURE BECAUSE EITHER THEY'RE COVERED WITHIN ANOTHER DOCUMENT OR THEY'RE NO LONGER RELEVANT DUE TO THE CHANGES WITHIN THE PUD. AND LIKE I SAID, THEY'RE COVERED WITHIN THAT SUPPLEMENTARY RED LINE DOCUMENT. SO YOU'RE, YOU'RE, YOU'RE ABLE TO VIEW IT YOURSELF AS WELL. [00:30:01] SO 117 PROPERTY OWNERS WERE NOTIFIED WITHIN 800 FEET. AND TO DATE WE'VE RECEIVED TWO LETTERS IN OPPOSITION. UM, ONE WAS ALREADY INCLUDED IN THE PACKET, THE OTHER ONE WAS PASSED AROUND. UM, AT THE START OF THE MEETING, THAT WAS ONE WE RECEIVED TODAY. WE ALSO RECEIVED ONE LITER LETTER IN FAVOR TODAY FROM A NEIGHBORING BUSINESS AT TACO CASA, WHICH IS, UM, NEAR, UH, LIKE CATTY CORNER ALMOST. UM, AND THEN WE ALSO RECEIVED ONE MORE LITER LETTER IN FAVOR, BUT THE RESPONSE WAS OUTSIDE THE AREA BUFFER. UM, SO JUST SOMETHING FOR Y'ALL TO KEEP IN MIND. SO AS WE REVIEW THIS, YOU KNOW, THINGS THAT STAFF IS KEEPING IN MIND, UM, WELL WE HAVE THE DETAILED REPORT OF THIS CRITERIA THAT WE HAVE TO, TO REVIEW THIS AGAINST. BUT YOU KNOW, SOME OF THE STANDOUT ITEMS IS THAT THIS LAND IS ALREADY CURRENTLY ENTITLED FOR THE PROPOSED USE UNDER THE CURRENT ZONING DOCUMENT. WHAT WE'RE REALLY SEEING HERE IS THAT REQUEST FOR THE HEIGHT DIFFERENCE. IS THIS JUST GOING FROM A THREE STORY TO A FOUR STORY? YES. UM, YOU KNOW, WE'RE COMPARING TO OUR COMPREHENSIVE DOCUMENTS AND WE'RE LOOKING AT THE FUTURE LAND USE MAP AS ONE OF THEM. AND THIS AREA IS DEDICATED CORRIDOR COMMERCIAL. SO THIS IS IN LINE WITH ONE OF THE USES THAT ARE TO TAKE PLACE ACCORDING TO OUR FUTURE LAND USE MAP. UM, BUT WE DO TAKE ISSUE WITH THE, OR CONCERN IS THE CONTRADICTING STATEMENTS WITHIN THE BUFFER YARD REQUIREMENTS, WHICH I'VE HIGHLIGHTED HERE IN RED FOR Y'ALL. SO YOU'LL SEE THAT THE LANGUAGE SAYS, UM, A LANDSCAPE BUFFER SHOULD BE PROVIDED ALONG THE WESTERN BOUNDARY OF LOTS FOUR AND FIVE, BUT THEN AS A BULLET POINT, THEY INCLUDE LOTS TWO AND THREE IN THERE. SO STAFF SEES A NEED TO DROP THAT FOUR AND FIVE ON THAT AND THEN JUST INCLUDE THE REQUIREMENT FOR LANDSCAPE BUFFER ALONG THE WESTERN BOUNDARY. AND THEN THE THIRD BULLET POINT, YOU ALSO SEE THAT THE LANDSCAPE BUFFER SHOULD BE A HIGH BUFFER YARD LEVEL C, UM, WHICH IS THAT 25 FOOT WITH A SIX FOOT TALL MASONRY WALL OR 30 FEET, UM, OF JUST PLANTING AREA. SO, UM, WITH THE WALL THERE, HAS THIS BEEN REVIEWED BY THE FIRE DEPARTMENT OR FIRE MARSHAL? UH, NOT AT, NOT AT THIS TIME. YEAH. SO THE SITE PLAN AND ONCE THE PLAT IS CURRENTLY BEING REVIEWED BY THE, UM, WCSD NUMBER THREE, AND THEN WHEN WE SEE THAT SITE PLAN, THAT'LL ALSO HAVE TO BE REVIEWED BY THEM. SO, UM, BECAUSE I THINK THE FIRE LANE APPARATUS AND SETBACKS AND STUFF ARE GONNA CHANGE GOING TO A FOUR STORY. MM. SO THAT WALL MAY INTERFERE IF THERE'S, YOU HAVE TO BUILD A SCREEN WALL THAT'S MASONRY. UM, AND THEN BASED ON SOME OF THE LETTERS THAT WE RECEIVED, THERE IS SOME LIGHT POLLUTION CONCERNS AS WELL, UM, FROM THE EMORY FARM SUBDIVISION MM-HMM . SO WITH ALL THIS IN MIND, STAFF DOES RECOMMEND APPROVAL OF THIS PED PRE AS PRESENTED, BUT WITH SOME CONDITIONS. SO WE WOULD LIKE TO SEE THAT HIGH LEVEL BUFFER YARD BE IN PLACE ON LOTS TWO AND THREE AS WELL, UM, JUST AS A GOOD PLANNING PRACTICE AND FROM THE LETTERS OF OPPOSITION RECEIVED AND TO STAY IN LINE WITH THE NEIGHBORING USES, UM, YOU KNOW, JUST, UM, OVERALL FEEL THAT WOULD BE BENEFICIAL. UM, WE ALSO WOULD LIKE TO SEE THAT THE LIGHTS ALONG THE WESTERN BOUNDARY ARE SHIELDED TO LIMIT, UH, SPILLAGE OVER ONTO THE SINGLE FAMILY SUBDIVISION NEIGHBORHOOD. AND THAT OPAQUE WINDOWS ARE USED ON THE WESTERN FACING WINDOWS, WHICH IS, UM, KIND OF LIKE THEIR STAIRWELL GOING UP AND DOWN. AND, UM, AND THAT A PHOTOMETRIC OR ANYTHING FOR LIGHTING, UM, I DO NOT BELIEVE AT THIS TIME WE'VE SEEN A PHOTOMETRIC AS THIS IS JUST A PUD AND THAT'S TYPICALLY, UH, REQUIRED WITH THE SITE PLAN. UH, SO I, I BELIEVE THE APPLICANT IS WAITING FOR, UH, THIS PUD TO GO THROUGH BEFORE THEY START SUBMITTING THOSE SITE PLANS AS THEY WOULD CURRENTLY BE OUT OF COMPLIANCE WITH THE UDC AS IT STANDS. SO THE VERBIAGE WOULD JUST NEED TO BE THAT IT'S APPROVED BASED ON THE PHOTO METRIC TO FIT WHAT YOU WANT FOR THE LIGHTING PLAN, IF YOU CORRECT. YEAH, WE WOULD, YOU WOULD ADD IN THE CONDITION OF, UM, YOU KNOW, EITHER, YOU KNOW, CUT OFF FIXTURES, CUT OFF FIXTURES ALONG THE WESTERN SIDE. HMM. I BELIEVE, UM, THE CUTOFF FIXTURES ARE A REQUIREMENT OF THE CURRENT UDC ANYWAY, AND SO WE COULD PUT THAT REQUIREMENT IN AND JUST SAY AS PER THE UDC, BUT IT IS IT, THEY WILL HAVE TO, UM, FULLY SHIELD THOSE LIGHTS. [00:35:07] I DO HAVE A QUESTION REGARDING THAT. 'CAUSE I, I DID SEE THOSE PICTURES. UH, YOU KNOW, I DON'T HANG OUT IN EMORY FARMS BACKYARDS AT NIGHT. PROBABLY NOT A GOOD IDEA. BUT, UH, SEEING THOSE PICTURES, I WANT TO MAKE SURE THAT WE DON'T REPEAT WHATEVER MISTAKES OR OVERSIGHT OR WHATEVER IS GOING ON WITH THAT FIRST HOTEL ON THIS ONE. SO, YEAH. UH, I DON'T KNOW WHAT SORT OF ENFORCEMENT, BUT ME PERSONALLY, I WOULD LIKE TO SEE THE HAMMER DROPPED ON THAT. YEAH. SO DURING SITE PLAN REVIEW, THE APPLICANT IS REQUIRED TO UPLOAD DETAILS OF THE LIGHTING FIXTURES TO BE USED AND A PHOTOMETRIC SHOWING THE VALUES AT THE PROPERTY LINE. MM-HMM . SO LIKE MOST APPLICANTS SUBMIT, UM, PHOTOMETRIC PLAN WITH A VALUE OF ZERO LUX AT THE PROPERTY LINE. BUT WHAT OUR CODE, UM, ENABLES IS, AND I'M, I'M TRYING TO REMEMBER OFF THE TOP OF MY HEAD, BUT I BELIEVE IT'S EITHER FIVE OR 10 FOR NON CUTOFF FIXTURES AND THEN FIVE MORE VALUES ADDITIONAL FOR, UM, CUTOFF FIXTURES. SO WITH THIS REQUEST, WE'RE LOOKING FOR MORE STRINGENT THAN WHAT'S IN THE UDC. SO, UM, I I THOUGHT THE UDC WAS ZERO AT THE LOT LINE, BUT I HAVEN'T LOOKED AT, LIKE I SAID, I'M TRYING TO REMEMBER OFF THE TOP OF MY HEAD. YEAH, I HAVEN'T LOOKED AT THE UDC IN A COUPLE OF DAYS. SO , YEAH, IT MAY BE FUZZY. THE PREVIOUS ONE HAD, UM, UH, THE PREVIOUS LIGHTING PLAN THAT WAS IN THERE HAD IT AT IT, IT GOT TO ALMOST 0.0 AT THE PROPERTY LINE. SO THAT COULD ALSO BE SOMETHING, WHETHER IT'S IN THE UDC OR NOT, AGAIN, JUST, YOU KNOW MM-HMM . VERIFYING THAT. UM, AND THEN JUST MAKE SURE NOT ONLY THAT THE FIXTURES ARE CUT OFF, BUT YOU COULD ALSO SAY THAT THEY'RE, THEY'RE SHINING DOWNWARD JUST SO THAT ANYONE THAT'S BEHIND THERE, YOU KNOW, AGAIN, DEPENDING ON THE HEIGHT OF THE POLES, THAT'S THE PROBLEM, BUT IT SHOULD AT LEAST HOPEFULLY REDUCE SOME OF THAT GLARE. YEAH. AND YOU KNOW, I, I UNDERSTAND THAT THIS IS A COST ISSUE, BUT IF YOU CAN'T GET ZERO LUX OR ZERO LUMENS AT THE LOT LINE AND YOUR LIGHTS ARE ON TOP OF THE BUILDING, NOT AN ELECTRICAL ENGINEER, NOT AN ARCHITECT, BUT MAYBE YOU NEED TO PUT THE LIGHTS AT THE LOT LINE FACING YOUR BUILDING. JUST A THOUGHT BECAUSE THAT IS, UH, THAT IS AN ABSOLUTE NO-GO TO BE SHINING YOUR LIGHTS INTO YOUR NEIGHBOR'S WINDOWS. NO WAY. NO HOW, BUT THAT'S JUST ME. AND THEN I DO BELIEVE THE APPLICANT IS HERE IN THE ROOM TO SPEAK, UH, IF THEY'RE INTERESTED IN SPEAKING OR IF YOU HAVE ANY QUESTIONS DIRECTED TOWARDS THEM. UM, AS A REMINDER, 'CAUSE I KNOW A LOT OF YOU WEREN'T ON FOR THE, UH, UH, WHAT IS THE OTHER HOTEL NAME? THE OTHER HOTEL NAME? THAT'S TOWN PLACE RIGHT NEXT TO IT? YEAH, THE RIO TOWN PLACE. OKAY. TOWN PLACE. THANK YOU. UM, YEAH, THAT ONE WE WENT AROUND AND AROUND ON THAT WESTERN SIDE THAT'S FACING EMORY FARMS ABOUT HOW TO SCREEN THE HOTEL AND THE, UH, OR NOT SCREEN HOW TO, UH, LIMIT SITE LINES BETWEEN THE HOTEL AND THE BACKYARDS OF THE RESIDENCES THAT BACKED UP TO IT. AND THAT TOOK A FEW MONTHS. SO I'M HAPPY TO SEE THAT WE'VE GOT THAT ALREADY INCLUDED IN THIS. 'CAUSE WE DON'T NEED ANOTHER SIX MONTH DELAY JUST TO FIGURE OUT WE CAN HAVE OPAQUE WINDOWS IN THE STAIRWELL. YEAH. MY, UH, I GOT A QUESTION. SO LIKE, YOU KNOW, MOVING, MOVING THIS UP ONE MORE FLOOR, YOU KNOW, IT'S, IT'S PRETTY MUCH LOOKING OVERLOOKING ON ALL THESE, THESE HOUSES NOW. MM-HMM . YOU KNOW, AT THREE IT WAS ALREADY HIGH ENOUGH, BUT I MEAN, THEY'RE COMPARING IT TO THE ONE THAT'S RIGHT NEXT TO THEM. RIGHT. BUT THE ONE RIGHT NEXT TO 'EM IS A LITTLE BIT FARTHER FROM THE SUBDIVISION AS THIS ONE. NOPE. THEY BOTH BACK UP TO BACKYARDS. BOTH OF 'EM DO. BOTH OF THEM. YEAH. AND, AND ON THE WINDOWS SITUATION, WHAT IS THE PRIVACY ON THE WINDOWS? JUST THE OPEN WINDOW, OPEN GLASS ON THE WEST. THE, THE WAY WE WENT AROUND AND AROUND ON THE LAST ONE, WE GOT IT SO THAT THE WEST SIDE OF THE BUILDING IS WHERE THE STAIRWELL IS LOCATED AND THE WINDOWS IN THE STAIRWELL ARE OPAQUE, SO YOU CAN'T SEE THROUGH 'EM AND THEY'RE NOT, YOU KNOW, YOU CAN'T BE SITTING IN YOUR HOTEL ROOM AND LOOK INTO SOMEONE'S BACKYARD. NOT AN OPTION. YEAH. THE HOTEL ROOMS FACE NORTH AND SOUTH ESSENTIALLY. [00:40:02] RIGHT. SO DOING THE SAME THING HERE MEANS THAT SAME CONCEPT CONCEPT, THAT SAME PRIVACY DESIRE FOR THE WHAT, EIGHT TO 10 HOUSES THAT BACK UP TO THIS HOTEL? YEAH. I THINK THAT WOULD BE, UH, THAT THAT WOULD BE, UH, GOOD FOR THEM BECAUSE I MEAN, EMORY FARM IS LIKE ONE OF THE FIRST SUBDIVISIONS, NOT THE FIRST ONES, BUT ONE OF THE NEWER SUBDIVISIONS THAT WERE HERE A COUPLE YEARS AGO. AND FOR THEM TO JUST HAVE ALL THESE HOTELS AROUND THEM AND NOT LOOKING OVER DOWN THERE EXACTLY. AND GOT IT. IT'S LAND THAT IS DEVELOPED, THIS IS HOW WE WANT IT DEVELOPED. YES, SIR. BUT LET'S, YOU KNOW, LET'S PROTECT THE PEOPLE WHO WERE HERE FIRST. YEP. MAKES SENSE. IS THERE A CONCERN WITH THE LINE OF SIGHT WITH THAT DAYCARE RIGHT THERE THAT'S ON THE, UH, NORTH SIDE? WHAT KIND OF CONCERN? WELL, THEY HAVE A BACKYARD WHERE KIDS USUALLY HANG OUT. I DIDN'T KNOW IF THAT WAS, IF IT WAS FAR BACK ENOUGH WITH THAT SETBACK. THERE HOUSES TO THE NORTH, THERE ARE NO HOUSES, NO FENCE FENCED IN YARD IN THE BACK. YEAH, THERE'S LIKE, YEAH, THERE'S THE FENCE PLAY AREA OR YEAH, YEAH, YEAH. OH, OH, THE DAYCARE. DAYCARE. THE DAYCARE, YEAH. YEAH. BUT I DON'T, I DON'T THINK THAT'S ANY SORT OF, IT LOOKS FAR ENOUGH THAT I DON'T, AND IT'S A TALL FENCE, SO I DIDN'T KNOW IF THAT WAS A CONCERN. I SUPPOSE LINE OF SIGHT IS POSSIBLE WITH FOUR STORIES. WITH FOUR STORIES, BUT IF WE, IF WE'VE GOT THE VEGETATION SCREENING AND THE, AND KIND OF THE DISTANCE, I THINK THAT'LL HELP. YEAH. OKAY. BECAUSE THIS CONCEPT PLAN LOOKS LIKE THERE'S A PRETTY SIGNIFICANT DISTANCE JUST TO THE NORTH LOT LINE. MM-HMM . ALSO, BEFORE THIS ITEM'S OVER, I'D LIKE TO REMIND Y'ALL THAT THERE IS A, THIS IS A PUBLIC HEARING AS WELL. OH, OKAY. THIS ONE IS A PUBLIC HEARING, THIS ONE IS A PUBLIC HEARING . OOPS. OKAY. SO, UH, I, I HAVE, I HAVE A QUESTION. OKAY. UM, THE HOTEL THAT WAS JUST COMPLETED, HOW TALL IS IT? SO THE ONE, UH, NEXT TO IT, RIGHT? YEP. YEP. SO IF, I KNOW IT'S A LITTLE SMALL, BUT THE TEXT IS ON THE SCREEN FOR Y'ALL AND BEHIND Y'ALL. SO LOTS FOUR AND FIVE, WHICH IS TOWN PLACE SUITES. UM, AT THE BUILDING LINE IT IS 50 FEET AND WITH THE PARAPET IT'S 62 POINT 18 FEET. UM, THIS ONE AT THE BUILDING LINE WILL BE 47.5 FEET AND WITH THE PARAPET IT'LL BE 62 POINT 17. SO THE PARAPET IS JUST AESTHETIC AND SCREENING FOR ANY UTILITIES THAT THEY MIGHT HAVE UP THERE, LIKE AIR CONDITIONING OR WHATNOT. SO IT'S BASICALLY GONNA BE ABOUT THE SAME HEIGHT. YEP. OKAY. YOU'VE GOT WELL OVER A HUNDRED FEET BETWEEN THE EDGE OF THE BUILDING AND THAT PROPERTY LINE TO THE NORTH ANYWAY. SO, UH, SINCE THIS DOES REQUIRE A PUBLIC HEARING, I WILL OPEN THE PUBLIC HEARING AT SEVEN 40 3M IS THERE ANYONE FROM THE PUBLIC WHO WISHES TO SPEAK ON THIS ISSUE? COME ON UP SIR, AND LET US KNOW WHO YOU ARE. SO MY NAME IS, UH, MY NAME IS, UH, DENNIS KAUFMAN. I ACTUALLY LIVE IN EMORY FARMS. UM, SO I CAN TELL YOU THAT THE FOUR STORY HOTEL, I MEAN I CAN SEE IT ON MY CORNER OF MY STREET AND I'M ACTUALLY A STREET IN PAST THE ONE THAT'S, YOU KNOW, ADJUSTING HERE. SO, AND I CAN SEE THE LIGHTS UP THERE ALL THE TIME. SO GOING FROM THREE TO FOUR, I MEAN, IT IS JUST GONNA ADD TO IT, UM, AS FAR AS I'M CONCERNED. UM, SO OF COURSE THAT WE'D BE OPPOSED TO IT. UM MM-HMM . YOU KNOW, UNFORTUNATELY IT IS WHAT IT IS THAT THEY'RE GONNA BUILD. SO, I MEAN, THREE STORIES IS JUST WHAT IT IS. UM, BUT ALSO GOING TO A FOUR STORY, POTENTIALLY ADDING MORE, UM, OCCUPANTS TO THAT AND WHICH IS GONNA ADD EVEN MORE TRAFFIC TO EACH MI, WHICH IS ALREADY TERRIBLE. UM, SO THAT'S ANOTHER THING TO KIND OF KEEP IN CONSIDERATION AS WELL. UM, SO THAT'S JUST KIND OF, YOU KNOW, WHAT I WOULD SAY, JUST QUICK AND EASY. ALRIGHT, WELL THANK YOU SIR. ALRIGHT, ANY, UH, ADDITIONAL COMMENTS OR DISCUSSION? I THINK YOU, OH, OH, WE DO HAVE ANOTHER ONE. THANK YOU. UM, SO I ACTUALLY WROTE AN EMAIL. IT MAY BE THE EMAIL THAT Y'ALL ARE REFERENCING ALONG WITH A LOT OF PHOTOS. AND WHO ARE YOU? SO IT, MY NAME IS CASEY MILLER. OKAY, THANK YOU. MY HOUSE IS DIRECTLY BEHIND TOWN PLACE. I MEAN LIKE, THEY'RE IN MY NEIGHBOR. UM, IF YOU, DO I READ THE EMAIL? DO I TALK TO Y'ALL? I DON'T KNOW HOW THIS WORKS. YOU, YOU CAN TALK ADD YOU. IN THE PAST WE HAVE HAD SOMEONE PLAY A GUITAR . [00:45:01] I MEAN, IF Y'ALL ALREADY SEE THE EMAIL, THEN Y'ALL ALREADY KNOW BASICALLY MY POINTS. UM, AS FOR THE TOWN PLACE, THEIR WINDOWS ARE NOT ACTUALLY ON THE STAIRCASE. THEY'RE THE END OF THE HALLWAYS AND THEY ARE NOT OPAQUE. SO I CAN ACTUALLY SEE STRAIGHT THROUGH THEIR HALLWAY. THEIR EXERCISE ROOM ALSO HAS WINDOWS THAT I CAN SEE THEIR MOVIES AS THEY'RE WATCHING THEIR, AS THEY WORK OUT. UM, THE LIGHT SHINES THROUGH MY MASTER BEDROOM. IT'S A MAJOR ISSUE. WE'VE HAD TO PUT UP BLACK, UH, WHAT IS IT? BLACKOUT CURTAINS. MM-HMM . TO LIMIT IT. UM, WE GET CONSTANT NOISES OF SEMIS PARKING BEHIND OUR HOUSE 'CAUSE THEY'RE DELIVERING STUFF OR PEOPLE PARKING THERE. I MEAN THAT GOES BESIDES THE FACT, RIGHT. Y'ALL ARE STILL GONNA BUILD IT LIKE MY NEIGHBOR SAID. UM, BUT THE HEIGHT, I LIKE MY EMAIL SAID, I WISH SOMEBODY WOULD'VE SAID SOMETHING IN 2023 OR WHENEVER IT WAS APPROVED BECAUSE WHY ARE EVERY OTHER HOTEL IN HU THREE, BUT THE ONES DIRECTLY BEHIND NEIGHBORS IS FOR IT'S, YEAH. IF Y'ALL HAVE ANY QUESTIONS, I MEAN, MY QUESTION IS, HOW MANY OF Y'ALL LIVE BEHIND A HOTEL? MY, MY GUESS IS NONE, SO, MM-HMM . I WOULD LOVE TO HOPE THAT Y'ALL TAKE WHAT I SAY TO HEART AND THE PICTURES, I HOPE SHINE A LIGHT ON TRULY WHAT IT'S LIKE TO BE LIVING BEHIND IT, NO PUN INTENDED. YEAH. AND AS I SAID, LIKE YES, THEY DID PUT UP A TREE, BUT WE'VE PUT UP FIVE TREES AND WE COULD STILL SEE THE LIGHTS MM-HMM . AND THAT'S DURING THE SPRING, NOT THE WINTER, WHICH IS WHEN IT REALLY LIGHTS UP. SO THANK YOU. YEAH. I THANK, THANK YOU FOR YOUR COMMENTS IN YOUR EMAIL. THOSE PICTURES DEFINITELY, UH, HELP ME FORM AN OPINION. GOOD. DON'T WANNA SPEAK FOR ANYONE ELSE, BUT YEAH, I APPRECIATE YOU READING IT AND LISTENING TO WHAT I SAID AND VIEWING THE PICTURES. YEAH. HONESTLY. ABSOLUTELY. ABSOLUTELY. SO WHERE IS, WHERE IS HER? YEAH, I'M SORRY. I DIDN'T SEE AN EMAIL. YEAH, I DON'T SEE AN EMAIL. I CAN READ IT TOO IF YOU'D LIKE. I'M MORE INTERESTED IN THE PICTURES. YES, PLEASE. . WELL IF YOU CAN READ IT, PLEASE. SURE. YES, PLEASE. UM, DEAR MEMBERS OF THE PLANNING AND ZONING COMMISSION AND MEMBERS OF HUDY HUDU CITY COUNCIL MEMBERS, I'M WRITING TO FORMALLY EXPRESS MY OPPOSITION TO THE PROPOSED REZONING REQUEST DESCRIBED IN THE NOTICE AS A REQUEST TO ALLOW FOR AN INCREASE IN THE HEIGHT OF THE PROPOSED HOTEL TO FOUR STORIES AND ASSOCIATED IMPROVEMENTS. I'M A HOME HOMEOWNER WHO ALREADY HAS A FOUR STORY HOTEL DIRECTLY BEHIND MY PROPERTY. THE TOWN PLACE SUITES THAT WAS CONSTRUCTED WITHIN THE SAME PUD ENCOMPASSING 4 11 4 21, 4 31, AND 4 41 EDGE SCHMIDT BOULEVARD. I'M INCLUDING PHOTOGRAPHS OF THE EXISTING HOTEL WITH THIS EMAIL BECAUSE I BELIEVE IT IS IMPORTANT FOR THE COMMISSION TO SEE FIRSTHAND WHAT A FOUR STORY HOTEL LOOKS LIKE FROM AN ADJACENT RESIDENCE RESIDENTIAL PROPERTY, AND TO UNDERSTAND THE REAL WORLD IMPACT THAT A DEVELOPMENT OF THIS HEIGHT AND SCALE CAN HAVE ON A HOMEOWNER. I WISH SOMEBODY HAD RAISED THESE CONCERNS WHEN TOWN PLACE SUITES WAS BEING CONSIDERED AND WHEN THE HEIGHT AND ZONING RESTRICTIONS FOR THE PROPERTY WERE BEING ADDRESSED. AT THE TIME, I DID NOT FULLY UNDERSTAND WHAT LIVING DIRECTLY NEXT TO A FOUR STORE HOTEL WOULD MEAN. I DO NOW, THE PHOTOGRAPHS I HAVE ATTACHED DEMONSTRATE SEVERAL OF THE ISSUES I HAVE EXPERIENCED FIRSTHAND. THE HEIGHT AND PROXIMITY OF THE HOTEL HAS SIGNIFICANTLY CHANGED THE VIEW AND CHARACTER OF MY PROPERTY. HOTEL LIGHTING REACHES INTO MY BACKYARD INTO THE WINDOWS OF MY HOME, INCLUDING MY MASTER BEDROOM, PATIO, LIVING ROOM, AND KITCHEN. THE HEIGHT OF THE BUILDING ALSO CREATES A SIGNIFICANT LOSS OF PRIVACY THAT WOULD NOT EXIST IF THE PROPERTY IMMEDIATELY BEHIND MY HOME REMAINED RESIDENTIAL OR WERE DEVELOPED AT A SUBSTANTIALLY SMALLER SCALE. THE PHOTOGRAPHS ALSO SHOW THE TREES THAT CURRENTLY PROVIDE SOME DEGREE OF SCREENING BECAUSE MY HOME AND BETWEEN MY HOME AND THE HOTEL, HOWEVER, IT IS IMPORTANT TO UNDERSTAND THAT OUT OF ALL OF THE TREES VISIBLE IN THESE PHOTOGRAPHS, ONLY ONE WAS PLANTED BY THE HOTEL. THE REMAINING TREES WERE PLANTED BY MY FAMILY AND THE PREVIOUS HOMEOWNER IN AN EFFORT TO CREATE SOME PRIVACY AND BUFFER BETWEEN OUR HOME AND THE HOTEL. DESPITE THOSE EFFORTS, OUR PRIVACY, OUR PRIVACY DISAPPEARS DURING THE WINTER MONTHS WHEN THE TREES LOSE THEIR LEAVES. AT THAT POINT, THE HEIGHT AND PROXIMITY OF A FOUR STORY HOTEL BECOME EVEN MORE APPARENT, AND THERE IS VERY LITTLE VISUAL SEPARATION BETWEEN THE HOTEL AND OUR HOME. THE IMPACT OF THE HOTEL'S HEIGHT AND LIGHTING ARE PARTICULARLY NOTICEABLE AT NIGHT. THE ATTACH PHOTOGRAPHS SHOW THE BRIGHTNESS OF THE HOTEL AS VIEWED DIRECTLY FROM MY BACKYARD AND PORCH. ONE OF THE PHOTOGRAPHS WAS TAKEN DURING THE WINTER WHEN THE TREES HAVE LOST THEIR LEAVES AND DEMONSTRATE JUST HOW FAR THE HOTEL'S LIGHTING EXTENDS INTO OUR BACKYARD. OTHER PHOTOGRAPHS SHOW THE HALLWAY WINDOWS OF EACH FLOOR OF THE HOTEL, WHICH DIRECTLY OVERLOOK MY BACKYARD IN HOUSE. THERE'S ALSO A PHOTOGRAPH OF THE HOTEL'S [00:50:01] EXERCISE ROOM, WHICH DIRECTLY FACES MY BACKYARD. ALTHOUGH THE BLINDS IN THE EXERCISE ROOM ARE CURRENTLY PULLED DOWN IN THE PHOTO, UH, WHEN THEY ARE OPEN, I CAN SEE PEOPLE INSIDE THE EXERCISE ROOM WHILE THEY'RE WORKING OUT. THIS IS ANOTHER EXAMPLE OF LOSS OF PRIVACY THAT RESULTS FROM PLACING A FOUR STORY HOTEL IMMEDIATELY ADJACENT TO A RESIDENTIAL PROPERTY. THE LIGHTING ALSO EXTENDS DIRECTLY INTO MY HOME. I HAVE INCLUDED A PHOTOGRAPH SHOWING THE AMOUNT OF LIGHT THAT ENTERS THROUGH MY MASTER BEDROOM AT NIGHT. IT IS IMPORTANT TO NOTE THAT THE LIGHT SHOWN IN THESE PHOTOGRAPHS IS COMING THROUGH BOTH A SOLAR SCREEN THAT'S BEEN INSTALLED ON THE EXTERIOR WINDOW AND A CONCEALING FILM THAT HAS SUBSEQUENTLY APPLIED TO THE WINDOW. EVEN THOUGH BOTH OF THESE MEASURES IN PLACE TO REDUCE THE AMOUNT OF LIGHT ENTERING THE ROOM, THE HOTEL'S LIGHTING REMAINS CLEARLY VISIBLE INSIDE MY BEDROOM. I ALSO WANT TO EMPHASIZE THAT NONE OF THESE PHOTOGRAPHS HAVE BEEN ENHANCED, BRIGHTENED, EDITED, OR OTHERWISE ALTERED TO EXAGGERATE THE CONDITION ZONE SHOWN. THESE ARE TRUE AND ACCURATE REPRESENTATIONS OF WHAT THE HOTEL'S, LIGHTING WINDOWS AND STRUCTURES LOOK LIKE. FOR MY PROPERTY. THERE'S ONGOING NOISE ASSOCIATED WITH HOTEL OPERATIONS. I CAN HEAR SEMI-TRUCKS WHEN THEY'RE PARKED BEHIND MY HOME MAKING DELIVERIES, TRASH COLLECTION AS EARLY AS APPROXIMATELY 7:00 AM AN ACTIVITY IN THE HOTEL PARKING LOT LATE AT NIGHT, INCLUDING OCCASIONS WHEN PEOPLE ARE SITTING IN THEIR VEHICLES PLAYING LOUD MUSIC. THESE ARE NOT HYPOTHETICAL CONCERNS ABOUT WHAT MIGHT HAPPEN IF A PROPOSAL, THE PROPOSED HOTEL IS INCREASED TO FOUR STORIES. I'M ALREADY LIVING WITH THE CONSEQUENCES OF HAVING A FOUR STORY HOTEL DIRECTLY BEHIND MY HOME. I'M ALSO CONCERNED ABOUT THE EFFECT THAT PLACING ANOTHER LARGE MULTI-STORY COMMERCIAL STRUCTURE ADJACENT TO RESIDENTIAL PROPERTY CAN HAVE ON LONG-TERM ENJOYMENT AND MARKETABILITY OF NEIGHBORING HOMES. HOMEOWNERS INVEST IN THEIR PROPERTIES WITH A REASONABLE EXPECTATIONS THAT THEIR HOMES WILL REMAIN RESIDENTIAL IN CHARACTER. A FOUR STORY COMMERCIAL BUILDING IMMEDIATELY ADJACENT TO A HOME FUNDAMENTALLY CHANGES THAT ENVIRONMENT. IT AFFECTS PRIVACY, VIEWS, LIGHTS, NOISE, AND ALL IN THE OVERALL RESIDENTIAL SETTING. AND THOSE IMPACTS CAN ULTIMATELY AFFECT WHAT A FUTURE BUYER IS WILLING TO PAY FOR A PROPERTY. I'M NOT OPPOSED TO DEVELOPMENT SIMPLY BECAUSE IT'S DEVELOPMENT. MY CONCERN IS SPECIFICALLY THE SCALE, HEIGHT, PROXIMITY, AND RESULTING IMPACT OF INCREASING A HOTEL TO FOUR STORIES WHEN IT IS PLACED IMMEDIATELY ADJACENT TO EXISTING AND RESIDENTIAL HOMES. I BELIEVE THE EXPERIENCE OF THE HOMEOWNERS WHO ALREADY LIVE NEXT TO TOWN PLAY SUITES PROVIDES THE COMMISSION WITH THE OPPORTUNITY TO SEE THOSE IMPACTS BEFORE MAKING THEIR DECISION. REGARDING ANOTHER PROPOSAL I RESPECTFULLY ASK YOU TO CONSIDER. CAN I, CAN I ASK SOME QUESTIONS ON YEAH. CAN YOU GO BACK TO THAT OTHER ONE? THE OTHER PHOTO? WHICH ONE? THE ONE WITH THE WINDOW ONE YOU PREVIOUSLY SHOWED. YEAH. THIS WAS I GUESS A COVER THAT YOU TRIED TO BLOCK OUT THE LIGHT, RIGHT? YES. SO THAT IS MY MASTER BEDROOM. IT HAS A SOLAR SCREEN ON THE OUTSIDE OF THE WINDOW. ON THE INSIDE IS A, AN OPAQUE FILM THAT I HAVE ADDED TO THE WINDOW. SO THAT'S THE AMOUNT OF LIGHT THAT COMES THROUGH IT WITH THOSE BARRIERS. I'M, I'M NOT A LIGHT DETECTOR, BUT THAT LOOKS LIKE A LOT MORE THAN MM-HMM . FIVE. CAN YOU GO, CAN YOU GO, WHAT'S THE PHOTOMETRIC SAFE FOR THAT SPECIFIC SITE? BECAUSE I HAVE A FEELING THAT, TO, TO BE FAIR, THIS IS REGARDING A ITEM THAT ISN'T ON THE AGENDA. YEAH, YEAH. NO. CORRECT. SO I'M JUST CURIOUS IF THE LIGHT IS THAT BAD AT THAT SITE BECAUSE THEY DIDN'T BUILD WHAT WAS AGREED TO UHHUH . THERE'S, LOOKING AT THOSE PICTURES, THERE'S, THERE'S NO WAY. NO WAY. CAN YOU, CLO CAN YOU GO BACK? WELL, I'VE ACTUALLY DONE A PUBLIC INFORMATION REQUEST TO SEE WHAT THE FINAL DEVELOPMENT PLANS ARE. 'CAUSE I SUSPECT THAT THEY'RE NOT. CAN YOU GO TO THAT ONE? YEAH. LIKE THE LIGHT POLES, I MEAN YEAH. THERE'S, THERE'S NOT ZERO AT LOT LINE THAT, THAT IS ZERO NOT FOR THOSE. NOW SEE, THAT'S, THAT'S NOT AS BAD. NO. AS THE EVIDENCE, THEY DON'T HAVE THE LIGHT AT THE TOP ON EITHER THOUGH. RIGHT. I WOULD ALMOST SAY THAT AND, YOU KNOW, THERE'S, I'M GONNA SAY, I'LL SAY THERE'S A PROBLEM WITH THAT. YOU KNOW, PUT IT ON TIMER THAT TURNS OFF THE APPLICANT IS HERE. CORRECT? YES. OKAY. I THINK THESE PICTURES ARE A REALLY GOOD EXAMPLE OF WHAT WILL GET YOU STOMPED, BECAUSE THIS IS COMPLETELY MY OPINION, COMPLETELY UNACCEPTABLE. THIS IS NOT GOOD NEIGHBOR, THIS IS NOT GOOD BUSINESS. THIS IS TRASH. AND I HOPE, I HOPE THAT THE CITY IS TAKING STEPS TO STOMP THESE GUYS INTO COMPLIANCE. IS IS THERE ANYTHING THE CITY CAN DO ABOUT THE LIGHTING? OH, THIS IS, THIS IS CODE VIOLATION ALL DAY LONG. WHOA. YEAH, WE CAN, WE CAN DEFINITELY INVESTIGATE. THAT'S, THAT'S NOT IT. I'M JUST SAYING THIS IS A REALLY GOOD EXAMPLE OF WHAT NOT TO DO. RIGHT? WELL, YOU GO TO THE NEXT PICTURE. THEY, THEY, THAT ONE, YEAH. SO THE ONE WHERE IT'S TAKEN IN THE WINTER, THE HOTEL'S NOT OPEN YET. SO THIS IS WHEN THE HOTELS OPEN. LOOK AT THE DIFFERENCE IN THOSE TWO PICTURES. RIGHT? [00:55:01] THEY DIDN'T HAVE THE TREE IN OR THE TREE WAS BARE. BUT IS THIS, IS THAT TREE IN YOUR YARD OR IS THAT IN THE HOTEL? THE, THE TREE RIGHT IN THE MIDDLE IS ON MY FENCE. SO IT'S IS IT YOUR TREE OR IS IT THE HOTEL SECRET? WELL, A BIRD PLANTED IT, SO I CAN'T REALLY SAY, OH, WHY ? I SAY IT'S MY BIRD, MY TREE, BECAUSE IT'S A MULBERRY TREE AND IT'S ONE OF MY FAVORITE, UM, IT WAS THERE BEFORE THEY BUILT IT. UM, THANKFULLY THEY DIDN'T CUT IT DOWN. BUT WHICH SIDE OF THE FENCE IS IT ON YOUR SIDE? IT'S ON THE OTHER SIDE. ON WHOSE SIDE? BUT IT, IT'S ON THE OTHER SIDE, BUT IT GROWS ON MY FENCE. OKAY. SO IT'S THEIR, THEIR TREE, BUT OKAY. BUT THE TWO LARGE OAKS ON THE EITHER SIDE, THOSE ARE BOTH MINE. AND THEN THERE'S TWO SMALLER ONES IN APPLE TREE AND A PEAR TREE THAT I HAVE PLANTED IN THE SPACES BETWEEN THOSE THREE. THAT'S THAT'S MM-HMM . THAT'S TOTALLY NOT ACCEPTABLE. RIGHT. THAT'S WHAT I'M SAYING. MM-HMM. AND I'VE REQUESTED TO LIKE INCREASE THE HEIGHT OF MY, UH, FENCE AND I WAS DENIED THAT ABILITY. UM, SO IT'S REALLY NOW, AND THE VALUE OF MY PROPERTY HAS DECREASED AT LEAST 60 GRAND. IS THIS THE NEWEST HOTEL THAT WAS JUST BUILT? THAT JUST OPENED? THIS IS THE NEWEST ONE. YEAH. IF YOU LOOK LOWER RIGHT, YOU CAN SEE THE, UH, UH, RESTAURANTS ACROSS EDGE SCHMIDT THERE. OH, OKAY. I DIDN'T NOTICE THAT. YEAH. OKAY. YEP. I THINK THAT SHE HAS A COUPLE CONCERNS HERE. YOU KNOW, ONE, ONE WAS THE LIGHTING, OBVIOUSLY, RIGHT? WHICH IS VERY IMPORTANT. MM-HMM . UM, THE OTHER ONE WAS, LET'S SAY NOISE, RIGHT? MM-HMM . WITH NOISE IS REALLY HARD TO CONTROL. I MEAN, AS IN, AS IN LIKE RIGHT NOW IN HUDDLE, YOU KNOW, HUDDLE WAS PEACEFUL FIVE YEARS AGO, HUDDLE, THERE WAS NOT A LOT OF CONSTRUCTION, THERE WAS NOT, YOU'RE GONNA GET THAT IN EVERY ZONE, YOU KNOW? MM-HMM . RIGHT NOW, AS, AS THE BUILDINGS ARE GOING UP AND, AND CONSTRUCTION IS EVERYWHERE, WHETHER IT'S ROAD, WHETHER IT'S WHATEVER, IT'S GONNA BE A LOT OF NOISE. AND I, I GET IT RIGHT. UM, LIGHTING IS VERY IMPORTANT ON THAT, BUT FOR ME, UH, THE STRUGGLE HERE IS THE LIGHTING AND IT'S GONNA BE THE PRIVACY. YOU KNOW, LIKE I SAID, YOU KNOW, WHEN WE STATED EARLIER WHEN I BROUGHT UP THE COMMENT ABOUT THE PRIVACY AND THEY SAID, YEAH, BUT THESE GUYS, WE TOLD 'EM TO PUT, YOU KNOW, UM, OPAQUE WINDOWS, THE OPAQUE WINDOWS ON THE, ON THE STAIRWELL. MM-HMM . WHEN I HEARD STAIRWELL, I WAS, OKAY, IT'S JUST GONNA BE STAIRWELL WINDOWS. BUT IF YOU'RE SEEING STA WINDOWS THAT HAVE, UH, YOU KNOW, VISIBLE PEOPLE AND THEIR VISIBLE CLIENTS, YOU KNOW, IT'S, IT'S A CONCERN. YOU KNOW, NOT ONLY IT'S A HALLWAY NOT ONLY FOR, YOU KNOW, JUST YOUR PRIVACY, BUT IT'S LIKE FOR EVERYTHING ELSE, YOU GOT A DAYCARE RIGHT NEXT DOOR, YOU GOT A FOURTH FLOOR, YOU'RE LOOKING DOWN ON KIDS. YEAH. YOU KNOW, SO IT'S, IT'S SOMETHING THAT I THINK WE NEED TO TAKE ACCOUNT AS IN, IF WE'RE GONNA ALLOW A FOUR STORY, YOU KNOW, THOSE, THOSE WINDOWS GOTTA BE OPAQUE, YOU KNOW, IT'S REALLY, IT'S REALLY A BIG DEAL. AND, UH, ON THE WIN ON THE ACTUAL LIGHTING, I THINK THE CITY NEEDS TO TAKE A ACTION TO OBSERVE THIS LIGHTING OR TO CHECK UP ON THIS LIGHTING ON WHAT IT IS. AND THAT WAY WHEN WE DO DECIDE TO GO FOR THIS NEXT ONE, RIGHT, THAT WE HAVE TO HAVE IT ON THE SAME COMPLIANCE ON WHATEVER THIS WAS OR WHENEVER IT GOT TESTED OR EXACTLY THIS I AGREE. THERE, THERE THIS SHOULD NOT BE HAPPENING. OH, UH, THERE, I, I UNDERSTAND WE'RE, WE'RE CRAZY LIGHT ON STAFF, ET CETERA, ET CETERA. BUT IF THIS GETS BROUGHT TO PNZ TO COUNCIL TO CITY STAFF OR ANYTHING LIKE THAT, THERE SHOULD BE A REALLY BIG COMICALLY OVERSIZED HAMMER THAT COMES DOWN ON THESE DEVELOPERS. YEAH. AND, AND ANOTHER COMMENT, AND THIS IS A COMMENT, I DON'T KNOW IF YOU KNOW IT, IT, IT'S REGARDING THE, THE, THE NEW PROJECT COMING UP, UHHUH , UM, THIS WAS FROM THE DAYCARE CENTER, YOU KNOW, RECENTLY I OWN A SMALL BUSINESS ON, ON IN THAT, ON THAT STRIP RIGHT DOWN ON MHMM . AND I HAD A, ONE OF THE, I GUESS PARENTS COME INTO MY, TO MY ESTABLISHMENT AND ASK IF I WAS WILLING TO, UM, SIGN A PETITION. AND I WAS LIKE, YOU KNOW, I REALLY DON'T WANNA SIGN ANYTHING. BUT SHE WAS LIKE, UH, YOU KNOW, HER PROBLEM WAS THAT EDGE SCHMIDT IS A 50 MILES AN HOUR ZONE, YOU KNOW, AND FOR THEM IT'S VERY DIFFICULT LEAVING EDGE SCHMIDT, YOU KNOW, AND CARS FLYING THROUGH THERE RIGHT NOW. SO YOU LOOKING AT IT LIKE YOU, YOU GOT THIS HOTEL JUST WENT UP, YOU HAVE ANOTHER HOTEL GOING UP, YOU GOT THE SPEED LIMIT FAST 50 MILES AN HOUR AT THIS LITTLE SMALL LITTLE ZONE WHERE IT'S FROM EDGE SCHMIDT TO 70, I MEAN FROM ER LOOP TO 79, IT'S ALL NOTHING BUT BUSINESSES THAT ARE COMING IN AND OUT, YOU KNOW, I FEEL LIKE WE HAVE TO LOOK INTO THAT AS WELL. WELL, OR RIGHT OF WAY COMING INTO THESE HOTELS. RIGHT. OR SOMETHING TO, TO, TO ADDRESS THAT AT, UH, EMORY FARMS. SO AT THE CORNER OF THE DAYCARE, THAT WILL BE A SIGNALED INTERSECTION. OKAY. SO THAT COULD HELP. THAT MIGHT, IT MIGHT BE 50 MILES. YEAH. IT MIGHT BE 50 MILES AN HOUR AT, SOMETIMES IT MIGHT BE TWO MILES AN HOUR AT OTHERS. YEAH. BUT THAT COULD HELP FOR SURE. YEAH. SO WE, WHAT IS BEING ASKED TODAY TO PROVE THE [01:00:01] CHANGES FROM THE POD MM-HMM . AMENDMENT, RIGHT? I MEAN, AND NOT FOR THIS THAT WE SEE ON THE PICTURE, RIGHT? THE NEW ONE, THE NORTH. YEAH. YOU ALSO HAVE TO, YOU ALSO HAVE TO REMEMBER THEY'RE, THEY'RE WANTING TO PUT THE SWIMMING POOL AT THE BACK. UHHUH, WHICH IS MORE NOISE YEP. FOR THE NEIGHBOR, BUT DOWN PLACE HAS THE POOL. THAT'S NOT WHAT WE'RE, I GUESS VOTING ON THOUGH. WE'RE VOTING ON THE HEIGHT, NOT THE SWIMMING POOL PLACE. OH, THAT'S, SURE. WELL, THE SITE PLAN'S ON THE SCREEN AS WELL FOR YOU GUYS, AND THE SWIMMING POOL IS, UH, IN BETWEEN THE TWO HOTELS. MM-HMM . OKAY. SO IT'S ON THE SIDE, SIDE SIDE TOWN PLACE HAS THEIRS DIRECTLY BEHIND IT. MM-HMM . BETWEEN MY HOUSE. SO RIGHT NOW THE BOAT IS, IS ON THE HEIGHT AND THE SITE PLAN ORIGINALLY FOR TOWN, THE HOTELS ALLOWED. YEAH. JUST THE HEIGHT IS WHERE THE HEIGHT ON IT. I MEAN, WE HAVE ONE RIGHT NEXT DOOR AT SAME HEIGHT. I MEAN, IF WE COULD CONTROL, WE CAN'T STOP THAT. THE LIGHTING ON IT. YEAH. YEAH. I WOULD MAKE A MOTION TO APPROVE IT WITH YEAH. THERE BEING A RESTRICTION ON THE LUMENS AND TIMERS FOR THE BACK OF THE BUILDING FOR THE LIGHTS. WELL, I BA BASED ON WHAT I'M SEEING, I IMAGINE THAT THERE ARE GOING TO BE THE ACCENT LIGHTING AROUND THE, THE SIGN AND SO ON AND YOU'RE GOING, BUT THERE SHOULD BE NONE OF THAT AT THE BACK OF THE PROPERTY. EXACTLY. SO I WOULDN'T RESTRICT IT SIMPLY TO THE LUMENS OF ANY LIGHTS ON THE BACK. I WOULD RESTRICT IT TO ANY LIGHTS THAT SHINE TOWARDS THE BACK. SO IF IT, IF IT'S ON THE NORTH SIDE OR SOUTH SIDE AND IT'S RADIATING WEST, IF THEY DO A REAL PHOTOMETRIC THAT INCLUDES THE SIGNS AND THAT ROPE LIGHTING THEY HAVE ON TOP OF THAT, THAT ALL SHOULD BE ON THE PHOTOMETRIC. AND IT, YOU WOULD SEE THAT IT WAS THERE. I JUST THINK THAT, OH, SORRY TO INTERRUPT. UH, Y'ALL DID OPEN THE PUBLIC HEARING. UH, YES. I DON'T KNOW. LET ME CLOSE WHAT TIME, LET ME CLOSE THE PUBLIC HEARING AT 8 0 2. THERE WASN'T, THERE WE GO. RIGHT. I WANTED TO SHARE SOMETHING WITH YOU ALL JUST BRIEFLY IN, IN THE PUBLIC, UH, JUST FROM EXPERIENCE ON, ON THIS ONE ISSUE, IT, IT, UM, GOES BACK A LITTLE BIT, BUT BASICALLY WHAT I LEARNED THROUGH PHOTOMETRIC PLANS IS THERE'S TWO COMPONENTS. THERE'S, THERE'S THE, UM, THE LIGHT FREQUENCY THAT HITS THE PROPERTY LINE. SO GETTING THAT DOWN TO ZERO, LIKE THE PREVIOUS HOTEL APPARENTLY DID. THE REASON THOUGH THAT THAT DOESN'T ALWAYS HELP IS 'CAUSE THEN THERE'S GLARE. AND SO THE GLARE IT, EVEN IF YOU DON'T HAVE LIGHT POLLUTION PAST THE PROPERTY LINE, YOU COULD STILL SEE IT. SO YOU PROBABLY WANT TO CONSIDER IF, IF THIS IS IMPORTANT, IS HAVING, UM, A CONDITION THAT HAS THOSE LIGHT FIXTURES, YOU KNOW, FULLY SHIELDED, MAYBE TILTED TOWARDS THE HOTEL OR DOWN AT LEAST, UM, YOU KNOW, UH, MANNY I KNOW HAD PUT IN SOME CONDITIONS IN HERE ABOUT THE OPAQUE WINDOWS. THE LAST THING WOULD BE WITH THE TREES. I MEAN, WE SAW WHAT HAPPENED WITH THE OTHER ONES, MAYBE REQUIRING EVERGREEN OR WHATEVER THE VERNACULAR IS, THE TREES THAT DON'T SHED BASICALLY, AND HAVE THOSE REQUIRED. 'CAUSE THE, THE BUFFER YARD, WHEN WE LOOKED AT IT FOR A SEA BUFFER YARD HERE, UM, DOESN'T ALWAYS, IT, IT JUST REQUIRES VEGETATION. BUT IT WAS WRITTEN IN A WAY THAT DOESN'T REQUIRE TALL TREES, SO, EXACTLY. YOU COULD ADD, SO THE TREES THAT DON'T SHED RIGHT. THE CUTOFF, LIGHT FIXTURES, AND THEN THE OPAQUE WINDOWS THAT, THAT WOULD HELP SOME OF THE RESIDENTS MAYBE. AND THAT, AND IF THE OWNER AGREED TO THAT, THOSE ARE JUST SOME IDEAS THAT WE, WE WERE SHARING. IT DID LOOK LIKE THE FIRST FLOOR WAS LOOKING INTO THEIR BACKYARD TOO. IS THAT WHERE THE GYM WAS? YES. MM-HMM . ON THE FIRST FLOOR. YEAH. THAT'S OF THE, THE EXISTING BUILDING. RIGHT, RIGHT. BUT I, I'M, AS WOULD, WOULD THAT BE COVERED TOO FOR THIS? I'M, I'M GUESSING IT'S ABOVE GRADE AS WELL, RIGHT? THE HOTEL WILL BE, SHOULD BE. WELL, I MEAN, IT'S LOOKING INTO THEIR YARD. YEAH. IT, FROM THE, IT SHOULD BE ABOVE GRADE. UM, IT'S ABOVE THE HOUSE IS GREAT FOR SURE. MM-HMM . RIGHT. SO SHOULD THAT HAVE OBLIQUE ON THAT SIDE TOO? WHERE, WHERE IS THE, THE G WHAT, WHAT IS, WHAT IS ON THAT WEST SIDE OF THE BUILDING? DO WE EVEN KNOW? FOR SURE. LOOKS, SO IT LOOKS LIKE THERE WAS A MISLABELING ON THESE. UM, BUT COMPARING THIS SITE PLAN HERE, YOU'LL HAVE THE CARPORT. THERE WE GO. SO THAT BOTTOM LEFT, ONE BOTTOM LEFT IS SUPPOSEDLY THE WEST. SO THERE'S NOT A BUNCH OF GLASS ON LIKE THE OTHER ONE. THERE'S GLASS. OKAY. THE OTHER ONE HAS A THE GYM. GYM, YEAH. THE EXISTING ONE HAS THE GYM AND THE POOL. AND FROM IN THE BUILDING COMING THROUGH. YEAH. IT ALSO HAD THE POOL BACK THERE. THE EXISTING ONE HAD THE POOL BACK THERE. THIS ONE'S NOT. YEP. OKAY. [01:05:03] AGAIN, I, I, I AGREE. WE SHOULD HAVE THE LIGHT RESTRICTED EITHER POINTING AT THE BUILDING, POINTING DOWN, SHIELDED. YEAH. THE IDEA OF THE, THE NON DECIDUOUS TREES THAT WON'T SHED THE TALLER, THE LIGHTING ON THE EXTERIOR. THE LIGHTING HAS A LOT TO DO WITH THE HOUSING LIGHTS HAVE TO GO OUT YEAH. AT A CERTAIN TIME. YEAH. HOUSING THOSE LIGHTS, IT'S, NO, I, I UNDERSTAND SINCE THERE IS AN ENTRANCE THERE, IT NEEDS TO BE LIT 24 7 OR MOVEMENT OR WHATEVER. I UNDERSTAND THAT. SO, YOU KNOW, MAYBE WE CAN'T GET AROUND NOT HAVING ANY LIGHTS ON THE WEST SIDE OF THE BUILDING, BUT WE CAN CERTAINLY HAVE THE LIGHTS NOT IMPACTING FENCE. IF IT'S JUST E FENCE THOUGH TOO. IT'S GONNA BE MOUNTED AT SEVEN FOOT AND NOT MM-HMM. 20 FEET IN THE AIR. RIGHT. AND POINTED AT THE BUILDING, NOT THE PARKING LOT. RIGHT. EXACTLY. ALL RIGHT. SO WITH THAT SAID, UM, IS THERE ANY FURTHER DISCUSSION OR COMMENTS ON, WELL GO, GO BACK TO THE, UH, GO, GO BACK A PAGE. THERE YOU GO. UH, THAT'S NOT THE ONE I WANT. I'M SORRY. NOPE. THE ONE THAT SHOWS WHERE THEY WANT TO INCREASE THE HEIGHTS AND THERE WAS A COUPLE OTHER THINGS. IT'S RIGHT HERE, NOT TWO AND THREE. OKAY. I'M SORRY. THERE IT IS. OKAY. AH, MAN. WHAT ARE YOU THINKING? UM, I GOT A QUESTION ON THAT WHERE IT SAYS LOTS TWO AND THREE BUFFERED ADDED WHERE IT SAYS LOTS TWO AND THREE. THE, THE EXISTING ONE WAS FOUR AND FIVE IS 25 FEET FROM THE PROPERTY LINE. THIS ONE'S GONNA BE CLOSER. MM-HMM . 15 FEET, THAT WAS ONE OF THE CONDITIONS STAFF ADDED TO THE APPROVAL FOR IT TO BE 25 TO MATCH INSTEAD OF 15. I SPEAK TO THAT. CERTAINLY. COME ON UP, SIR. HELLO? UM, I'M JACK SANGER, 2 9 4 9 PARKWOOD BOULEVARD, FRISCO, TEXAS. UM, WE ALSO SUBMITTED A, A LANDSCAPING PLAN WITH OUR APPLICATION. UM, THE, THE, THE TYPE C BUFFER YARD IS, IS NOT SPECIFIED THE VEGETATION, BUT, BUT WHAT WE'RE PROPOSING IS A, UH, LIVE OAK TREE, UM, EVERY 25 FEET AND THEN, UM, UH, EVERGREEN HOLLY, EVERY 25 FEET STAGGERED IN BETWEEN THE LIVE OAKS FOR FULL SCREENING. UM, THEY WOULD BE 13 FEET TALL. UH, THE LIVE OAK AT INSTALLATION AND THE HOLLYWOOD BE EIGHT FEET TALL AT INSTALLATION AND, AND BOTH THE SMALL TREE AND THE LARGE TREE, UM, WILL GROW TWO AND A HALF FEET HIGH AND WIDE EACH YEAR. NOW I I APPRECIATE THAT THE, UH, THE CONCERN I HAVE WITH LIVE OAKS ESPECIALLY IS PEOPLE TEND TO PUT TOO MANY AND TOO TIGHT OF A SPACE, AND AS A RESULT, THE LIVE OAKS END UP, UH, DYING OFF BEING WEAKER. WE DO GET ICE AROUND HERE, AND A WEAK LIVE OAK JUST GETS CRUSHED, AND THEN WE END UP PUTTING A NEW ONE IN. SO IT'S, I LIKE THAT YOU'RE ALTERNATING 'EM. I PERSONALLY THINK THEY MIGHT BE TOO CLOSE, BUT I'M NOT AN ARBORIST, SO I CAN'T SPEAK DEFINITIVELY ON THAT. JUST, UM, THERE ARE A COUPLE OF, UH, COUPLE OF EXISTING STRUCTURES AROUND TOWN WHERE YOU CAN SEE THEY PLANTED WAY TOO MANY TREES, WAY TOO CLOSE, AND THE TREES ARE NOT PROVIDING SCREENING, SO, OKAY. UM, YEAH, WE DISCUSSED THAT MAYBE THAT MAYBE THAT'S SOMETHING THAT NEEDS TO BE WORKED OUT WITH OUR, OUR STAFF, BUT, UH, AT, I LIKE THE INTENT. I'M NOT SURE ABOUT THE DETAILS OF THE SPACING. OKAY. WELL, THAT SPACING AROSE FROM CONVERSATION WITH OUR LANDSCAPE ARCHITECT OKAY. TO, BECAUSE WE REQUESTED, UH, THE, THE MOST DENSEST SCREENING POSSIBLE AND, UM, THE, THE TYPE C BUFFER YARD IS THE VEGETATION'S NOT SPECIFIED IN THE UDC MM-HMM . IT DOES SPECIFY 25 FEET WIDTH, BUT THAT, THAT'S A CHANGE WE'RE REQUESTING HERE TO REDUCE IT TO 15, WHERE WE'RE STILL [01:10:01] ABLE TO DO THE, THIS ENHANCED LANDSCAPING WITH THE SMALL ENLARGED TREE AT, AT EVERY 12.5 FEET ALONG THE BOUNDARY. SIR. AND THESE TREES ARE YEAR ROUND, RIGHT? FORGIVE ME, I, YES. LIVE, I CAN'T REMEMBER, BUT LIVE OAKS. BUT LIVE OAK AND, AND A AND A HOLLY EVERGREEN. THANK YOU. IS THAT IN HERE? HMM? IS THAT IN HERE? NO, THAT WAS PART OF THE LANDSCAPE PLAN THAT WAS SUBMITTED AND IT'S APPARENTLY NOT IN OUR PACKET. OKAY. ANYBODY ELSE HAVE ANYTHING? UH, YEAH, THAT'S, NO, THAT'S WHERE I WAS GOING. ANYONE ELSE HAVE ANYTHING DISCUSSION COMMENTS ON THIS? ALL RIGHT, THEN I WILL ENTERTAIN A MOTION ON 5.5. I WILL MAKE A MOTION WITH STAFF COMMENTS AND RECOMMENDATIONS AND THAT MY RECOMMENDATION WOULD BE THAT STAFF LOOKS AT THE LIGHTING PLAN AND MAKES SURE THAT WE DON'T HAVE A REPEAT FOR THE NEXT SET OF NEIGHBORS, WHATEVER THAT ENTAILS WITH LANDSCAPING AND LIGHTING AND TIMERS AND PHOTOMETRIC PLANS, CUTOFF LIGHTS. OKAY. CAN WE ADD, BECAUSE, UM, IN MANNY'S REPORT WE DID SAY O OPAQUE, UM, AND WE DID TALK ABOUT THE LIGHTING, BUT CAN WE ADD THE, IF, IF Y'ALL ARE AGREE TO THAT, IT SOUNDS LIKE YOU ARE THEN JUST THAT THEY'RE, UM, TILTED DOWNWARD AND, AND FULLY CUT OFF SHIELDS, JUST TO BE CLEAR SO THAT THEY, THEY KNOW THAT. OKAY. SECOND. UH, OKAY, SO I HAVE A MOTION BY COMMISSIONER HALL AND A SECOND BY COMMISSIONER DAON, DID YOU HAVE SOMETHING TO ADD? UH, I JUST HAVE A QUESTION. ARE YOU ALSO GONNA INCLUDE IN THAT MOTION THAT THE LANDSCAPING FOR, UH, LOT TWO AND THREE GO TO WHAT THREE AND FOUR ARE, OR WHATEVER IT WAS I AGREED WITH STAFF TO INCREASE. IT WAS STAFF RECOMMENDATIONS WITH STAFF. RIGHT. WHICH IS A PART OF THEIR, WHAT STAFF RECOMMENDED FOR APPROVAL. RIGHT. THE 25 FOOT INSTEAD OF THE 15. RIGHT. OH, WHATEVER LOT IT WAS TOO. I DON'T HAVE IT UP HERE, SO I CAN'T, I DON'T REMEMBER. OKAY. AS LONG, AS LONG AS THAT'S IN THERE TOO, I, I DON'T CARE. ALRIGHT. UM, I WOULD, I GUESS I, I DO HAVE A QUESTION REGARDING THE NORTH LINE. IS THE 25 FOOT GOING TO APPLY TO THE NORTH PROPERTY LINE BETWEEN THE HOTEL AND THE DAYCARE? THE LANDSCAPING? IS THAT THE QUESTION? RIGHT. I'M NOT FAMILIAR WITH THE LANDSCAPING PLAN OFF THE TOP OF MY HEAD. IF THE APPLICANT KNOWS WHAT THE LANDSCAPING WILL BE ALONG THE NORTHERN LINE. SO THAT NORTHERN LINE IS CENTERED ON A MUTUAL ACCESS AND UTILITY DRAINAGE EASEMENT. OKAY. IT, IT'S CURRENTLY IN THE, UH, IN THE CENTER OF AN EXISTING FIRE LINE. OKAY. IT LOOKS LIKE PARKING LOT. YEAH. PERSONALIZED, LIKE PARKING LOT, BUT I WASN'T SURE. OKAY. UM, YEAH, SO THERE'S REALLY NOT ANY WAY TO SCREEN THIS FROM THE DAYCARE. MM-HMM. NOPE. ALRIGHT. ALL RIGHT. THAT WAS MY QUESTION. THANK YOU. UH, ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE, I WILL CALL FOR VOTE. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ALL OPPOSED? SAME SIGN? UH, THAT WOULD BE A NAY FOR ME. I KNOW WHAT YOU MEAN. ALL RIGHT. SO MOTION PASSES FIVE TWO A FROM YOURSELF AND DAN, DAN. ALRIGHT, THANK YOU. NEXT IS ITEM 5.6 CONSIDERATION AND POSSIBLE ACTION REGARDING A REQUEST FOR FEE IN LIEU OF PERFORMANCE RELATED TO THE INSTALLATION OF TREES FOR AN INSTITUTIONAL OR MANUFACTURING USE PURSUANT TO SECTION TEN THREE OF THE CITY'S UNIFIED DEVELOPMENT CODE. HELLO, COMMISSIONERS, MANNY, ONCE AGAIN, UM, YOU'LL NOTICE SAME THING YOU JUST READ UP ON THE SCREEN. THE ONLY THING I ADDED IN PARENTHESES IS INNOVATION TO DIFFERENTIATE THIS PROJECT FROM THE NEXT ONE, WHICH IS IN RELATION TO ANOTHER SITE CALLED JFC JORDAN FOSTER CONSTRUCTION. UM, SO FOR THIS SITE, [01:15:01] HERE'S THE LOCATION. IT IS, UH, BUILDING 10 OF THE TITAN INNOVATION BUSINESS PARK. UM, IT IS A LONG, UH, LIMBER LOOP, UH, NOT TOO FAR FROM THE AREA WE WERE JUST DISCUSSING ACTUALLY, NOW THAT WE LOOK AT THIS MAP . BUT, UM, STAFF, UH, NOTED THE NEED FOR THIS FEE IN LIE WHEN LOOKING OVER THEIR VARIANCE REQUEST, THEY HAVE AN ASSOCIATED VARIANCE REQUEST AND AT THIS TIME AS WELL, UM, THEY ARE, UH, NOT GOING TO BE, OR THEIR REQUEST IS TO NOT, UH, PRESERVE, UH, TO PRESERVE LESS THAN 50% OF THE EXISTING TREES ON SITE. UM, DUE TO THEIR SITE CONSTRAINTS, UM, UH, THEIR AND THEIR DEVELOPMENT PLANS ON THIS SITE, UM, THEY'RE ALSO UNABLE TO MEET THE, UM, REQUIRED TRUE COUNT. AS YOU CAN SEE UP, UP ON THE SCREEN, THEY REQUIRED 688 TALL TREES OR, UM, THEY CAN REPLACE UP TO 50% OF THE TALL TREES WITH TWO SHORT TREES. BUT, UM, SO THEY'RE LOOKING TO PROVIDE 332, UM, TREES WORTH OF FEES IN LOOP, UM, AND PROVIDE 356 TREES ON SITE. AND THAT CODE SECTION RIGHT BELOW IS, UM, THE CODE SECTION THAT REFERENCES THAT NEED FOR, UM, THIS REQUEST TO COME IN FRONT OF PNZ. AND, UM, AS FAR AS STAFF GOES, THAT'S ALL WE REALLY HAVE ON THIS. UM, THE APPLICANT IS ON IN THE ROOM AS WELL. UM, IN THE PACKET YOU DO HAVE THE LETTER OF INTENT THAT THEY, UM, SUBMITTED WITH THEIR VARIANCE REQUEST. WE WENT AHEAD AND ADDED IT IN HERE AS WELL BECAUSE WE FELT LIKE, UM, IT, IT REALLY ENCAPSULATED, UM, THEIR NEEDS AND THE REASONING BEHIND IT. ALRIGHT. AND THIS IS NOT A PUBLIC HEARING. OKAY. SO, UH, FIRST QUESTION I HAVE REGARDING THIS IS PROBABLY FOR THE APPLICANT. UM, THERE ARE EXISTING TREES ON THE SITE AND, UH, NOT SURE IF YOU WATCHED OUR LAST MEETING, BUT WE CAME UP WITH A CONCEPT OF IF YOU CAN RETAIN TREES ON SITE, YOU KNOW, OLDER GROWTH TREES, ET CETERA, IF YOU CAN RETAIN THE TREES ON SITE, THEN WE GIVE YOU A CREDIT FOR, I'M SURE THAT THIS BEING A BIG INDUSTRIAL BUILDING WITH THE LOADING BAYS, ET CETERA, THAT'S NOT GONNA WORK. BUT JUST WANTED TO FLOAT THAT OUT THERE. IS THAT SOMETHING YOU WOULD BE ABLE TO UTILIZE OR IS THAT JUST NOT IN THE CARDS? UM, WELL FIRST LET ME INTRODUCE MYSELF. MY NAME IS SANTIAGO FERRERO. I WORK WITH WESTWOOD. WE'RE THE CIVIL ENGINEER. UM, YEAH, AGREE ON YOUR POINT. IF, IF WE COULD MOVE THE LAYOUT, WE, WE DEFINITELY WOULD'VE LOOKED AT IT. UM, I DON'T KNOW IF IT'S INCLUDED, BUT BASICALLY THE LOCATION OF ALL THOSE TREES IS VERY CENTRAL MM-HMM . PRETTY MUCH WHERE THE BUILDING'S GONNA BE. EXACTLY. UM, SO YEAH, WE, WE REALLY ARE LIMITED AND, AND THE REQUEST IS MORE, WE ARE FITTING AS MANY TREES AS WE CAN ON THE SITE AND WE PHYSICALLY CAN'T PUT ANYMORE. UM, SO THAT'S WHY THIS REQUEST IS COMING IN AND, UM, FOR Y'ALL, YEAH, IT'S A LOT OF TREES AND WE'VE RUN INTO THIS WITH, UH, WITH BIG MM-HMM . BIG BUILDINGS, BIG SITES BEFORE WHERE ALSO THE, THE INTENT WAS GREAT, BUT THE EXECUTION KIND OF MISSED. YEAH. I ALSO WANNA NOTE THAT THIS FOLLOWS THE WHOLE INNOVATION PARK. YEP. UM, THIS ISN'T THE, THE FIRST, THIS IS ONE OF MANY. UM, SO IT WOULD JUST BE FOLLOWING THAT, UM, WITH THIS NEW BUILDING, UH, MANNY, CAN WE GO BACK TO THE LOCATION MAP? YEP. THERE WE GO. AND SO, AND THEN I'D LIKE TO ADD A NOTE. UM, IF YOU LOOK AT YOUR THIRD TO LAST SHEET WITHIN THE PACKET YOU'LL SEE THERE TREE OF PRESERVATION PLAN AND YOU'LL SEE THE LAYOUT OF THOSE TREES ON THEIR SITE. SO, UM, YOU'LL HAVE THAT LIST ON THE RIGHT HAND SIDE OF THE TYPE OF TREES. YEAH. AND THEN JUST LIKE HE SAID, WHERE THEY'RE ALL CLUMPED TOGETHER SO ALL THE TREES ARE BEING REMOVED. THAT WAS WHAT WAS SAID. YEAH. NOTHING'S BEING PRESERVED. YEAH. THAT'S WHAT'S SHOWN HERE ON THE TABLE. YEAH. YEAH. THAT'S A LOT OF TREES. IT IS, BUT THEY'RE ALSO CLUSTERED RIGHT THERE, SO YEAH, I KNOW YOU REALLY CAN'T DO MUCH ABOUT THAT. AND IF YOU LOOK AT THE LIST AS WELL, THEY'RE LISTING ON TOTAL TREES, ABOUT A THIRD OF THE TREES ON THE SITE ARE NOT PROTECTED, [01:20:01] SO CONSIDERED SOME SORT OF NUISANCE OR INVASIVE ON THE SITE. SO I KNOW THAT LIST LOOKS A LITTLE LONG, BUT JUST KEEP THAT IN MIND. YES. WHAT, WHAT OTHER TREES OTHER THAN THE OAKS ARE PROTECTED THERE. UH, YOU'LL SEE ANYTHING THAT, UM, IF YOU LOOK AT THE, WELL, YOU'LL HAVE THE ELMS, YOUR LIVE OAKS, YOUR PECANS, UH, AND THERE ARE MONORAIL, THE CHINA BERRY AND THE HACKBERRIES ARE, ARE NOT PROTECTED. GOTCHA. YEAH. WHERE DO YOU, AND SO IF YOU LOOK AT THE COLUMN THAT SAYS TOTAL PROTECTED TREES REMOVED, ANY OF THOSE THAT HAVE A VALUE IN THAT COLUMN ARE CONSIDERED A PROTECTED TREE UNDER OUR UDC. AND THEN IF YOU GO BACK A COUPLE MORE PAGES, YOU WILL SEE THE DENSITY OF THE, WHAT IS IT, 688 TREES THAT ARE REQUIRED AND , IT JUST WON'T WORK. IT'S NOT GONNA FIT. IT JUST WON'T WORK. YOU'LL LOSE 686 OF 'EM. EXACTLY. WE'LL HAVE TWO TREES ON THE SIDE AFTER THREE YEARS. YEAH, YEAH, EXACTLY. LOOK AT ALL THE TREES THEY'VE GOT PLANTED. I MEAN YEAH, EXACTLY. THAT'S, THAT'S, THAT'S WHAT'S, THAT'S WHAT I'M SAYING. WE, WE HAD GOOD INTENTIONS WHEN WE PUT THAT IN TO THE UDC BACK IN WHATEVER IT WAS, 16 OR WHATEVER. YEAH. HALF OF 'EM ARE GONNA DIE, BUT HALF OF 'EM ARE GONNA DIE RIGHT OFF THE BAT. SO I GONNA LOSE TWO THIRDS OF 'EM BACK. BACK THAT YEAH. IT, THEY'RE NOT GONNA LAST LONG. AND THAT THIS, THIS IS A REAL GOOD EXAMPLE OF THE PREVIOUS ITEM WHERE I SAID, YOU KNOW, THE DENSITY OF THE TREES, I GET IT, I GET THE INTENT, BUT RIGHT. IT, IT JUST DOESN'T WORK AFTER YEAR THREE, FIVE, WHATEVER. I AGREE. AND, AND WHAT THEY'RE SUGGESTING IS A FEE PAID TO, UM, PARKS IMPROVEMENT FUND. RIGHT NOW THAT IS THE OTHER PIECE. HAS PARKS SAID THAT THEY ARE OKAY WITH RECEIVING A FEE IN LIEU OF, 'CAUSE IF THEY DON'T BLESS OFF ON THIS, I REALLY DON'T WANT TO OVER, UH, NOT OVERSTEP, BUT, UH, I DON'T WANT TO MARGINALIZE THEIR INPUT. HI, HOWARD KONZ, DEVELOPMENT SERVICES DIRECTOR. AGAIN, I HAVE SPOKEN WITH JEFF IN PARKS INFORMALLY. NOT SPECIFICALLY ABOUT THIS CASE OR SPECIFICALLY ABOUT ANY CASES. HIS OPINION IS, UM, MOST OF THEIR, UH, FOCUS HAS BEEN ON INFRASTRUCTURE PROJECTS FOR THE PARKS THEMSELVES. OBVIOUSLY WE KNOW WE JUST HAD A REDO OF FRITZ. UH, THEY'RE DOING SOME CONSTRUCTION DOWN AT ADAM MORGAN RIGHT NOW. UM, HE, LONG STORY SHORT, HE DOES HAVE USE FOR THIS. UM, BUT THERE HASN'T BEEN REALLY A LOT OF TIME SPENT IN PLANNING ABOUT WHAT AND WHERE. SO THERE IS CURRENTLY A FUND BALANCE IN, UM, THE IMPROVEMENT FUNDS FOR TREES FROM OTHER FEE AND LOSE THAT HAVE COME IN IN YEARS PAST. OKAY. AND IT IS SITTING THERE AND THEY WANNA GET TO IT. THERE'S ONLY, I BELIEVE EIGHT OF THEM. UM, AND YOU KNOW, THEY'RE, YOU KNOW, PROGRAMMING QUITE A BIT IN THE PARKS DEPARTMENT FOR THE CITY. SO, UM, WE CAN SIT DOWN AND WORK WITH HIM, BUT, UM, HE, HE WOULD NOT TURN THE FUNDS AWAY, BUT DON'T EXPECT ANYTHING TO HAPPEN NECESSARILY IN THE NEXT QUARTER OR TWO QUARTERS. IT MAY BE FURTHER DOWN THE ROAD BEFORE ANY OF THAT STUFF STARTS TO GET IN THE GROUND. AND, AND I'M NOT SO MUCH LOOKING FOR, YOU KNOW, DIRT BEING TURNED, UH, WHAT I'M ASKED, WHAT I'M KIND OF GUNNING AT IS PARKS BOARD HAS THEIR IDEAS AND THEIR PLANS AND SO ON. AND IF THEY'RE KINDA LIKE, YEAH, YOU KNOW, WE'LL, WE'LL TAKE A CHECK AND WE'LL PUT IT IN THE BANK, THAT'S GREAT. BUT THEY MAY BE SITTING THERE SAYING, OH, WE'RE, YOU KNOW, $50,000 SHORT TO FUND THIS PARKS THING? OH YEAH, WE COULD REALLY USE THAT MONEY. SO P AND Z SAY YES. YOU KNOW, WE, WE HAVE RECEIVED THAT KIND OF DIALOGUE. IT'S NOT LIKE THAT. I MEAN THE, THE, THE SPECIFICITY OF THESE FUNDS AND HOW THEY'RE EARMARKED IS ALSO, YOU KNOW, IMPORTANT. IT'S FOR THE ACQUISITION OF THE MATERIAL. IT'S FOR THE INSTALLATION AND THE MAINTENANCE OF THE MATERIAL. I'D HAVE TO LOOK AND CHECK AND SEE ON THINGS LIKE VARIATION, EVEN WHETHER OR NOT COUNT THAT COUNTS FOR THIS NECESSARILY BECAUSE IT'S NOT A REQUIREMENT. UM, IT'S A, IT'S A NICE TO HAVE, BUT NOT ALWAYS A NEED TO HAVE MM-HMM . UM, BUT I KNOW THAT WE TALKED A LOT ABOUT TRAILS AND YOU KNOW, WE'RE, WE'RE TRYING TO DO WHAT WE CAN ABOUT GETTING THESE TRAILS PUT TOGETHER, BUT NOBODY WANTS TO WALK ON THESE TRAILS IN THE FULL SUN, YOU KNOW, IN THE, IN THE HEAT OF THE DAYTIME IN THE SUMMER. SO THAT'S ONE OF THE THINGS WE'VE LOOKED AT IS BEING ABLE TO, YOU KNOW, TREELINE OUR TRAILS. UM, BUT THE SPECIFICS HAVEN'T BEEN WORKED OUT, SO, OKAY. [01:25:01] I, I WOULD SAY UNFORTUNATELY RIGHT NOW, THE ATTITUDE THAT I GOT FROM HIM WAS CLOSER TO THE YEAH. WE'D LOVE TO HAVE IT. WE'LL FIGURE IT OUT LATER AFTER WE GET IT MORE SO THAN THE I HAVE A BURNING NEED FOR THIS, FOR THIS PURPOSES AND I COULD USE IT TOMORROW. YEAH. THE, I, I GUESS THE COMPARISON THAT I HAVE IS WHEN WE DO THE, UH, PARKLAND DEDICATION, WE DON'T SIGN OFF ON A PLAN FOR A COMMUNITY UNLESS PARKS SAYS YES TO THAT PARKLAND DEDICATION OR YES. TO THE FEE IN LIEU OF THEY'RE MAKING THE DECISION. AND THAT'S KIND OF WHERE I'M ANGLING WITH THIS. LIKE, HEY, IF PARK SAYS NO, NO, WE NEED THE TREES. OKAY, BUT WITHOUT THEIR INPUT, WE'RE JUST KIND OF GUESSING. IS IT ONLY, ARE WE ONLY APPROVING THE FEE IN LIEU OR, BECAUSE IT'S ALSO ASKING FOR THE CUT IN HALF OF THE TREES PLANTED, RIGHT? WELL, YEAH, WE'RE, WE'RE DOING BOTH. WE WOULD BE, WE WOULD BE APPROVING THE REDUCTION IN TREES AND THE, THE CORRESPONDING FEE IN LIEU OF, FOR THAT REDUCTION. SHOULD WE BE PRIORITIZING WHICH TREES ARE BEING PLANTED? I, I DON'T THINK WE NEED TO, UH, IT'S LIKE THE BUFFER BETWEEN THE, THE NEIGHBORHOOD WOULD PROBABLY BE, SO ALL THOSE OTHER REQUIREMENTS WILL STILL BE IN PLACE. OKAY. SETBACKS, BUFFER YARDS, SO FORTH. SO THIS IS JUST, THEY CAN'T FIT ANY MORE TREES ON THE SITE WHILE STILL BUILDING THE SITE THAT THEY WANT TO BUILD AND MEETING OTHER REQUIREMENTS WITHIN THE SITE PLAN. OKAY. YEAH. SO THEY'RE NOT, THEY'RE NOT GONNA BE PLANTING FOUR LIVE OAKS IN A PAR IN A, IN A LITTLE ISLAND IN THE PARKING LOT. PARKING LOT. THAT MAKES SENSE. I THINK THAT'S A PRETTY MAJOR QUESTION IN FRONT OF YOU THIS EVENING RELATED TO THIS APPLICATION AS WELL. IF NO, THEN WHAT IS THEIR, WHAT IS THE APPLICANT'S ALTERNATIVE? RIGHT. AND I I I, WE STAFF COULD NOT PUT BETTER, PUT TOGETHER A BETTER ALTERNATIVE THAN WHAT'S BEING PRESENTED TO YOU THIS EVENING. THAT MAKES SENSE. THEY WOULD BE LEAVING EITHER MONEY OR TREES ON THE TABLE OR WORSE. AND WE'VE SEEN IT BECAUSE OTHERS HAVE DONE IT IN THE CITY WHERE THEY JUST OVERCROWD, THEY JUST, THEY JUST SLAM IN TWO INCH TREES THAT ARE SIX FEET ON CENTER AND YOU KNOW THAT THEY'RE NOT GONNA MAKE IT MORE THAN 10 YEARS. AT SOME POINT PARKS WILL BE ABLE TO USE THE MONEY RIGHT. WITH WHAT THEY HAVE UPCOMING, SO, YEAH. CORRECT. YEAH, I THINK, I THINK THAT MAKES A LOT OF SENSE. AND EVEN, EVEN IF YOU LOOK AT THE PERSPECTIVE OF LIKE LIMITING HOW MANY TREES ARE GETTING PLANTED ON THE SITE, YOU KNOW, WE'RE LOOKING AT HOW MANY ABOUT THE TREES, BUT WE'RE NOT LOOKING AT THE WATER, WATER CONSUMPTION RIGHT NOW. THE WATER'S IS SCARCE. THERE'S SO, SO MUCH BUILDING RIGHT NOW. AND IF WE'RE TALKING ABOUT HOW MANY TREES WAS IT THAT THEY SAID WAS PLANTED, UH, WE'RE LOOKING AT ABOUT 330 TREES BEING IMAGINE ALL THE WATER IRRIGATION COMING THROUGH ALL THESE FOR ALL THESE TREES. AND I, I THINK IT WOULD BE FAIR TO, YOU KNOW, LIKE HE SAID THAT IT WOULD BE, IT WOULD BE FAIR ENOUGH TO SAY IF WE'RE GONNA CUT DOWN, AGREE TO CUT DOWN THEIR PLANS TO SAY, OKAY, UH, WE'RE GONNA LIMIT THEM TO ONLY SO MANY TREES. I THINK THEY SHOULD STILL HAVE THAT BUDGET TO SAY, OKAY, WE CAN SHOOT THESE OTHER TREES OR THIS BUDGET OF THESE OTHER TREES MONEY-WISE FOR PROJECTS THAT HU DOES NEED, LIKE, YOU KNOW, THE PARKS AND RECREATIONS AND MM-HMM . YOU KNOW, PATHS AND STUFF LIKE THAT. MM-HMM . NOT JUST SAY, LET'S JUST ELIMINATE THE TREES. OKAY. YOU GUYS, YOU KNOW, FREE TO GO WITH IT. ALL RIGHT. WELL, I HAVE, I HAVE A QUESTION. ARE THEY GIVEN, ARE THEY GIVEN ANY OPTION TO DO ANY ZERO ESCAPING INSTEAD OF PUTTING ALL THESE TREES IN? CAN THEY? THAT IS IN THE UDC. SEE, I, YEP. ZERO ESCAPING IS IN THE UDC. YEAH. UH, THERE'S, UH, A VARIETY OF OPTIONS. OKAY. UH, BASED, I'M SURE, UH, UH, I'M SURE THERE IS, BUT I WAS JUST WONDERING WHY ARE WE NOT SEEING MORE AND MORE ANYBODY WANTING TO ZERO ESCAPE WITH THE WAY WATER IS AND EVERYTHING? WHAT ARE WE, IS IT I, IS IT THAT WE'RE NOT PROMOTING IT TO THEM OR ENCOURAGING THEM OR SUGGESTING IT TO THEM? THAT COULD BE PART OF IT, BUT IT, IT IS IN THE UDC, IT HAS BEEN IN THE UDC. RIGHT. I KNOW, I KNOW IT'S IN THE UDC, BUT IT, IT SEEMS LIKE IT'S BECOMING MORE AND MORE IMPORTANT SINCE WATER IS BECOMING VERY SCARCE, APPARENTLY. WELL, I DON'T, I DON'T WANNA SOUND TOO FLIPPANT, BUT IT'S PROBABLY A PRICE POINT THING. IF YOU'RE GETTING, IF YOU'RE GETTING LIVE OAKS, YOU KNOW, A, LET'S SAY A, A FLATBED TRAILER FULL OF, UH, LIVE OAK SAPLINGS FOR $10,000 AND YOU'RE TURNING AROUND AND GOING, OH YEAH, UH, THAT'S NOT EXACTLY NATIVE. WE'RE LOOKING [01:30:01] FOR MORE NATIVE STUFF, BUT THAT IS $50,000 FOR A TRUCKLOAD. WHAT ARE THESE DEVELOPERS GONNA DO? WELL, I UNDERSTAND THAT, BUT, AND THEY'RE ALLOWED, SO THERE YOU GO. OKAY. I JUST THOUGHT I'D BRING IT UP. . YEAH. I, I MEAN, HONESTLY, I WOULD LOVE TO SEE MORE, MORE NATIVE, MORE ZERO ESCAPING. WELL, LIKE, BUT COMMISSIONER SAID THE WATER FOR 344 TREES IS A LOT OF WATER. EXACTLY. I MEAN, THAT'S WHAT, THAT'S WHAT WE WERE TALKING ABOUT WITH, WITH, WITH COUNCIL WHEN WE WERE BRINGING UP THESE ISSUES YEP. WAS THE ISSUES OF PLANTING ALL THESE TREES AND, YOU KNOW, WHY IS IT IN CODE? BUT SEE, THESE CODES IS, IS ALREADY OLD. YOU KNOW, THEY'VE BEEN IN, IN, IN BOOK FOR A WHILE ALREADY MM-HMM . YOU KNOW, WHICH IS STARTING TO SAY, OKAY, NOW IN THE AGE THAT WE ARE TODAY AND THE YEAR THAT WE ARE TODAY BUILDING IS FOUR TIMES WHAT IT WAS BACK SIX, SEVEN YEARS AGO. AND A AGAIN, THIS, THIS DISCUSSION ISN'T EXACTLY GERMANE. I WOULD RECOMMEND THAT WHEN WE LOOK AT THE UUD C AND LOOK AT THE TREES YEAH, EXACTLY. THAT, YOU KNOW, WE, WELL, WE MAKE A DECISION ON IT. WE, WE KI WE KIND OF SIT DOWN AND SAY, ALRIGHT, THIS IS WHERE WE WANT HURO TO GO AS FAR AS THEIR TREE COVER AND THEIR, THEIR LANDSCAPING. BECAUSE I THINK YOU'RE RIGHT, WE DON'T PUSH IT, BUT LIKE I SAID, NOT ON THIS ITEM. AGREE. SO WITH THAT ALL BEING SAID, IS THERE ANY FURTHER DISCUSSION THEN I WILL ENTERTAIN A MOTION ON 5.6 A MOTION SECOND. SORRY, WHO MADE THE FIRST ? I'M, I CAN'T SEE OVER THE THING. DID DID YOU CHIME IN ON MOTION? MOTION IT. I'LL SECOND THEN, OR WHATEVER YOU MOTIONED. YEAH, HE DID. YEAH, THAT'S WHAT I THOUGHT. ALRIGHT. MM-HMM . SORRY MAN. I'M GONNA PUSH YOU TO A SECOND. . OKAY. SO THANKS A LOT. SO DELLA CRUZ FIRST AND THEN HALL SECOND. AND THEN HALL SECOND. YEAH. YES. THANK Y'ALL. ALL RIGHT. YES. SO WE HAVE A MOTION BY COMMISSIONER DELLA CRUZ AND A SECOND BY COMMISSIONER HALL. AND ANY DISCUSSION ON THE MOTION? UH, GOT A QUESTION. STATE THE MOTION JUST IS THE MOTION IS JUST TO APPROVE AS PRESENTED. APPROVE AS PRESENTED, I BELIEVE. IS THAT CORRECT? ALL RIGHT. WELL THEN ANY DISCUSSION ON THE MOTION? HEARING NONE. AND I WILL CALL FOR VOTE. ALL IN FAVOR SAY AYE. AYE. AYE. ALL OPPOSED? SAME SIGN. MOTION PASSES. SEVEN ZERO. ALL RIGHT. 5.7. CONSIDER CONSIDERATION AND POSSIBLE ACTION REGARDING A REQUEST FOR FEE IN LIEU OF PERFORMANCE RELATED TO THE INSTALLATION OF TREES FOR INDUSTRIAL OR MANUFACTURING USES JFC PURSUANT TO SECTION TEN THREE OF THE CITY'S UNIFIED DEVELOPMENT CODE. HELLO, COMMISSIONERS. MANNY HERNANDEZ FOR THE RECORD, ONCE MORE. UM, SO THE LOCATION MAP OF THIS IS HERE ON THE CORNER OF, UM, INNOVATION AND LIMMER LOOP. THE, THERE, THERE IS A CORRECTION TO THIS. IF YOU LOOK AT YOUR AGENDA ITEM REPORT, UM, THEY ARE NOT REMOVING MORE THAN 50% OF THE TREES. THEY ARE GOING TO BE, OR SORRY, NOT REMOVING. THERE'S NO TREES CURRENTLY ON THIS SITE. UH, THEY ARE NOT GOING TO PROVIDE, BE PROVIDING LESS THAN 50% OF THE TREES. AND YOU CAN SEE THAT THEY'RE ON THE TABLE. THEY'RE REQUIRED 88, THEY'LL BE PROVIDING 57, SO THEY'LL BE PROVIDING MORE THAN 57, UH, MORE THAN 50% OF THE REQUIRED TREES. AND, UM, THERE'S ALSO NO ASSOCIATED VARIANCE WITH THIS REQUEST. THIS IS JUST FOR, UH, UH, REDUCTION ON THE REQUIRED TREES ON SITE. AND THE REASON FOR THIS REQUEST THAT YOU HAVE HERE IN FRONT OF Y'ALL IS BECAUSE OF, UH, AND IT'S ALSO INCLUDED IN THE LETTER THAT I PRINTED OUT AND, UM, WAS HANDED OUT TO Y'ALL AT THE START OF THE MEETING, IS THAT DURING THEIR SITE PLAN REVIEW, UM, IT WAS, UH, DETERMINED THAT THEY WOULD NEED TO DEDICATE RIGHT OF WAY FOR THE EXPANSION OF, UH, LIMBER LOOP IN THE FUTURE. SO, YOU KNOW, THEIR PROPERTY WILL BE SHRINKING IN SQUARE FOOTAGE AND THE AREA THAT THEY WERE GONNA PLANNING TO PUT THOSE, THE REST OF THOSE TREES WAS GONNA BE WITHIN THAT AREA WHERE THE RIGHT OF WAY WILL BE DEDICATED. UM, SO ONCE THE RIGHT OF WAY IS DEDICATED, YOU WILL SEE THAT SITE AREA THAT THE PERCENTAGE IS BASED OFF SHRINK. AND SO THEY REALLY DIDN'T WANT, THEY DIDN'T SEE A PURPOSE AND INCLUDED AND STAFF AGREES IS PUT TREES JUST FOR THEM TO BE REMOVED AT THE TIME OF THE LIMMER LOOP EXPANSION. SO THE APPLICANT IS HERE IN THE ROOM IF YOU HAVE ANY QUESTIONS FOR [01:35:01] THEM, BUT, UM, YOU KNOW, THIS SEEMS PRETTY STRAIGHTFORWARD, SIMILAR TO THE LAST ITEM AND, YOU KNOW, DIFFERENT REASON THOUGH, BUT YEAH. YEAH. AND I, I DRIVE BY THIS TWICE A DAY. UM, YEAH, I KNEW THAT THERE WERE TREES ALONG LIMMER LOOP. I ALSO KNEW THERE WERE TREES ON 1 0 8. UH, THE LIMMER LOOP. GOT IT. THAT'S IN THE RIGHT OF WAY FOR THE EXPANSION. UH, THE COUNTY ROAD 1 0 8, THERE ARE A COUPLE OF TREES ON THERE. ARE THOSE IN RIGHT OF WAY THAT IS DEDICATED BY THIS SITE SITE, LIKE FUTURE EXPANSION OF CR 1 0 8? COULD YOU? UM, I, I HAVEN'T BEEN OUT TO THE SITE. UM, I'M EITHER THE TREES MUST BE, UM, NOT ON THIS LOT OR, OR NOT PRESERVE TREES. THEY'RE, THEY'RE BETWEEN THE FENCE AND CR 1 0 8. . I, I REMEMBER SEEING 'EM. I, LIKE I SAID, I DRIVE BY IT ALL THE TIME. I THINK THEY'RE SCRUB TREES, ACTUALLY, I DON'T THINK THEY'RE ANY WORTH ANYTHING. OKAY. WELL, YEAH, CHRIS, CHRIS HICK, JORDAN FOSTER, UH, PROPERTY OWNER, UM, ON THE CORNER. SO YEAH, WE'RE, WE'RE DEDICATING KIND OF A, THE, IT'S LIKE 65 FEET THAT THE CITY NEEDS TO TAKE ALONG LIMMER LOOP MM-HMM . UM, ALONG THE WHOLE FRONTAGE AND IT KIND OF CUTS THE CORNER AND GOES AROUND 1 0 8 AS WELL. OKAY. UM, BUT THE CITY IS OBVIOUSLY BACK EVALUATING THE DESIGN OF LIMMER LOOP. SO WE'RE PROCEEDING WITH OUR, UH, CONSTRUCTION NOW OF OUR NEW OFFICE, UM, WITH SET, EVERYTHING'S SET BACK ENOUGH FOR THE FUTURE EXPANSION. UM, SO YEAH, THAT'S, THAT'S, UH, THE GIST OF IT BASICALLY IS INSTEAD OF US GOING AND PLANTING TREES THAT WILL THEN BE REMOVED IN A COUPLE YEARS, LET'S JUST WRITE A CHECK TO THE PARKS DEPARTMENT. YEAH. LET'S, UH, LET'S NOT PLANT TREES TO RIP 'EM UP. THAT DOESN'T SOUND LIKE A GOOD USE . WELL, THANK YOU SIR. THANK YOU. UH, THINK THOSE ARE SCRUB TREES. ACTUALLY, I DON'T REMEMBER EITHER, BUT I DON'T THINK THEY'RE, I MEAN, AGAIN, I'M NOT, I'M NOT AN ARBORIST, SO, YOU KNOW, I'M NOT OUT THERE SAYING, OH, THIS IS A WHATEVER, . I JUST KNOW THAT THERE ARE TREES OUT THERE TODAY, BUT I KNEW A BUNCH OF 'EM WERE IN THE RIGHT OF WAY. AND IT LOOKS LIKE THE CR 1 0 8, THERE'S ONLY TWO OR THREE TREES ALONG THERE. ALRIGHT. I FEEL LIKE I'M BABBLING NOW. , . SO I GUESS I HAVE ONE QUESTION FOR YOU. UM, HOW DO WE DETERMINE THE, THE VALUE? LIKE I SAW, UM, A SLIDE EARLIER WITH 12,000 OR SOMETHING. YEAH. SO WHEN I SPOKE TO THE APPLICANT, OR HOWARD, DO YOU WANNA TAKE THIS? SO THEY INCLUDED THE COST PER EACH TREE PLUS THE COST OF LABORED AND CALL INSTALL THE TREE. AND SO THAT'S HOW THEY CAME TO THE VALUE OF 400. SO THAT'S WHAT THEY WOULD BE PAYING PER TREE. APPLICANT CAME UP WITH THAT. THE APPLICANT CAME UP WITH THE, THE APPLICANT PROVIDED US WITH THE INFORMATION YES. BASED ON, YOU KNOW, OTHERS, WELL THEY, THEY ASK THEIR LANDSCAPE ARCHITECT AND THEN THEY PROVIDE THEM WITH THE VALUE OF WHAT THEY'RE PAYING FOR EACH TREE AND THE LABOR TO INSTALL IT. IT'S USUAL AND CUSTOMARY IN THE INDUSTRY WHEN, WHEN WE ASK FOR SOME TYPE OF FINANCIAL PERFORMANCE MM-HMM . THEY SUBMIT TO ANSWER OUR QUESTION AND THEN WE, WE TAKE THAT AND WE GO OUT AND I GUESS I'D SAY WE CONFIRM THAT MM-HMM . WE TALK WITH OUR SOURCES AND FIND OUT WHETHER OR NOT THEY'RE IN THE NEIGHBORHOOD OR IF THEY'RE NOT. UM, MY, MY FIRST JOB THAT STARTED LATE LAST CENTURY WAS WORKING FOR A LANDSCAPE COMPANY. I WORKED THERE FOR ABOUT 10, 11 YEARS. UM, I WAS AN ARBORIST UP UNTIL A COUPLE YEARS AGO. I LET IT LAPSE BECAUSE , IT WAS JUST EXPENSIVE. UM, BUT $400 A TREE, WE'LL DEFINITELY BE ABLE TO, WE'LL, WE'LL BE ABLE TO GET PART GRADE, YOU KNOW, MATERIAL OF PROBABLY ONE AND A HALF TO TWO INCH TREES PUT IN THE GROUND WITH A ONE YEAR WARRANTY FOR, FOR $400. I, I THINK THAT'S FAIR. ESPECIALLY IN THE QUANTITIES THAT WE'RE TALKING ABOUT. MM-HMM . IF IT WAS ONE TREE, I WOULD ARGUE WITH IT. BUT THE ECONOMIES OF SCALE BEING, YOU KNOW, WE'RE TALKING SOMEWHERE IN THE NEIGHBORHOOD OF 30 OF THEM OR SO, I THINK, I THINK 400 IS, IS MORE THAN FAIR. SO I'LL GO ON THE RECORD AND SAY THAT IN THIS CASE, THIS IS A FAIR EXPECTATION. OKAY. THANK YOU FOR CONFIRMING. THANK YOU FOR YOUR KNOWLEDGE. . ANY OTHER QUESTIONS OR DISCUSSION? YES SIR. NO, SIR. I'D LIKE CAN MAKE A MOTION TO APPROVE AS PRESENTED. I SECOND. ALRIGHT, SO WE HAVE, [01:40:01] WE HAVE A MOTION FROM COMMISSIONER DE LEON AND A SECOND BY COMMISSIONER HALL. ANY DISCUSSION ON THE MOTION? HEARING NONE. AND I WILL CALL FOR VOTE. ALL IN FAVOR SAY AYE. AYE. AYE. ALL OPPOSED? SAME SIGN. I MOTION PASSES. SEVEN ZERO. YAY. NEXT IS ITEM 6.1 CONSIDERATION AND POSSIBLE ACTION RELATED TO RECOMMENDED REVISIONS TO CHAPTERS ONE AND TWO OF THE UPDATED DRAFT OF THE UNIFIED DEVELOPMENT CODE. THANK YOU. ALRIGHT, GOOD EVENING, UH, PLANNING AND ZONING COMMISSION. UH, CITY OF HUNO, JEFF FISHER, PLANNING MANAGER. I'M GONNA PRESENT THIS, UM, UDC UPDATE HERE FOR YOU. SO, UH, NEXT SLIDE. SO IN AU AT AUGUST 13TH, 2026, UM, Y'ALL FAMILIAR WITH THAT? YOU HAD THE JOINT MEETING WITH CITY COUNCIL P AND Z. THEY RECOMMENDED FIVE ZERO FOR AN UPDATED VERSION OF THE LATEST DRAFT BY FRIES AND NICHOLS INCORPORATING THEIR REVISIONS AS PART OF THE AD HOC COMMITTEE IN THE RECOMMENDATION CITY COUNCIL, UM, INDICATED, UH, RECOMMENDED APPROVAL OF THE AD HOC COMMITTEE'S VERSION. SO THAT WAS IN YOUR PACKET TONIGHT. AND THE SECOND THING THEY DID IS THEY DIRECTED YOU ALL TO REVIEW THE UDC AND BASICALLY GO BY A COUPLE CHAPTERS A MONTH. THAT'S WHAT Y'ALL AGREED ON. SO WE PUT TOGETHER, UM, SOME OF OUR THOUGHTS AND I EMAILED OUT EARLIER, UH, ON, SO YOU'VE GOT PLANNING STAFFS THOUGHTS ON CHAPTERS ONE AND TWO. MM-HMM . YOU ALSO HAVE, UM, SOME MEMOS AND DOCUMENTS FROM OUR CITY ATTORNEY, UH, BORKAS LAW FIRM. AND THAT COVERS THE TABLE OF CONTENTS AS WELL AS ALL THE CHAPTERS. AND SO IN MY EMAIL JUST SAYING, JUST FOCUS ON ONE AND TWO, MOST OF THEIR, UM, I GUESS MOST OF THEIR THOUGHTS WERE, WERE CLEANUP ITEMS, YOU KNOW, JUST MAKING SURE THE TABLE OF CONTENTS. BUT THEY DID HAVE SOME LEGAL THINGS AS YOU GET TOWARDS LATER CHAPTERS. UH, AND SAME WITH OURS TOO. MOST OF OUR, UM, RECOMMENDATIONS WERE NONS SUBSTANTIAL. UM, JUST LOOKING. BUT THERE WERE A COUPLE THINGS IN THOSE COUPLE THINGS I WANTED TO JUST GO OVER WITH YOU. AND THEN THE FOURTH DOCUMENT WAS THE FREEZE AND NICHOLS DRAFT FROM 2025. SO BASICALLY COUNSEL TOOK THAT DOCUMENT, MADE MODIFICATIONS, WE'VE MADE SOME ADDITIONAL THOUGHTS BASED ON THAT, AND THAT'S WHERE WE'RE ARE, UM, TONIGHT. NEXT SLIDE. SO WHAT I DID IS TO KEEP THIS SIMPLE, JUST PUTTING IT, UH, ON A, IN A LITTLE TABLE SO YOU CAN SEE, UH, THE SECTION THAT WE'RE TALKING ABOUT, WHAT THE AD HOC COMMITTEE DID, SOME OF THESE THINGS, THERE WAS NO ACTION TAKEN. SO THIS IS WHAT PLANNING STAFF WAS KIND OF RECOMMENDING. THERE WAS MORE THINGS IN THAT DOCUMENT. UM, THESE ARE JUST THE MAIN HIGHLIGHTS. WE WOULDN'T HAVE TIME TO GO OVER EVERYTHING TONIGHT. SO CHAPTER ONE, UH, WAS BASICALLY THAT SECTION SAYS SCHEDULED UPDATES TO UDC. WE THOUGHT WE COULD JUST REMOVE THE WORD SCHEDULED 'CAUSE IT WASN'T DEFINED AS WELL, HOW OFTEN DO WE HAVE TO DO THIS? SO IT KIND OF PUT STAFF UNDER THE GUN AS WELL AS YOU ALL TO, TO DO THAT. SO, UM, IT IS SOMETHING THAT WE WOULD LOOK AT ON AN ONGOING BASIS OR IF WE'RE DIRECTED BY, UM, OR MANNY AND I ARE DIRECTED BY OUR DIRECTOR OR BY CITY MANAGER, YOU KNOW, OR BY YOU ALL TO LOOK AT SOMETHING, WE'D BE HAPPY TO. SO THAT'S ALL CHAPTER ONE WAS. THE REST OF IT WAS JUST SOME GRAMMAR CHANGES IN THERE. NEXT SLIDE. OKAY. CHAPTER TWO. UM, SO WE TALKED ABOUT THAT ALREADY. SO THE FIRST THING IS THAT THIRD UM, COLUMN THERE. UH, AND THIS IS SOMETHING THAT I'VE DONE IN OTHER CITIES. SO ZERO LOT LINE HOMES, UM, ZERO FEET ON ONE SIDE 'CAUSE THEY'RE ATTACHED AND THEN THEY'VE GOT A 10 FOOT BECAUSE, BECAUSE SETBACK ON THE OTHER SIDE. WHEREAS MOST SINGLE FAMILY HOMES, IT'S FIVE AND FIVE. THE PROBLEM IS IF THE PERSON ON THE ZERO SIDE, THE NEIGHBOR NEEDS TO DO MAINTENANCE WORK. AND SO WHETHER WE PUT THAT IN THE ACTUAL CODE OR WE NOTE IT SOMEWHERE, I JUST MENTIONED HAVING A FOUR OR FIVE FOOT MAINTENANCE EASEMENT, THOSE ARE USUALLY, SO IT'S CALLED OUT IN THE UDC, BUT THEN IT WOULD JUST GO ON THE PLAT USUALLY, OR IN THEIR SITE PLAN OR SOMETHING THAT SHOWS THAT. AND THAT WAY, UM, IF I LEFT NEXT DOOR TO MANNY, UM, AND I WANT TO MAKE MAINTENANCE IMPROVEMENTS, I DON'T HAVE A RIGHT TO CROSSOVER ONTO MANNY'S PROPERTY, BUT IF I HAVE THE EASEMENT FOR JUST THOSE REASONS, I COULD DO THAT, LIKE FIX MY ROOF OR SOMETHING. SO IT WAS JUST, AGAIN, JUST CALLING IT OUT. UM, AND I'M GONNA GO THROUGH IT AND FINISH AND THEN OPEN IT UP FOR QUESTIONS. UH, THE GENERALLY NOTICED A COUPLE OF THOSE STATEMENTS IN THERE THAT MIGHT HAVE BEEN FROM THE CONSULTANT, I'M NOT SURE. UM, THAT'S VERY VAGUE. SO WHAT IS GENERALLY 35 FEET TALL, IT'S EITHER IS OR IT ISN'T. SO JUST TAKING A, REMOVING SOME OF THOSE VAGUE WORDS. NEXT SLIDE. OKAY. ACCESSORY BUILDING HEIGHT. SO IN THE CURRENT, UM, UDC, THE MAXIMUM ACCESSORY HEIGHT FOR ALL DISTRICTS, AS I UNDERSTAND, UNLESS IT WAS A PEDIA 15 FEET FOR SOME REASON IN THE NEW, UM, CODE, THEY HAD RESIDENTIAL ACCESSORY BUILDINGS AT 25, BUT THEN COMMERCIAL AND NON-RESIDENTIAL, LIKE INDUSTRIAL AS WELL AT ONLY 15. SO I WANTED TO [01:45:01] JUST FLAG THAT TO Y'ALL'S ATTENTION. I WOULD THINK IT'S THE OPPOSITE, OR AT LEAST THAT TO BE EQUITABLE. THEY'RE THE SAME. A LOT OF INDUSTRIAL AND COMMERCIAL BUSINESSES ARE GOING TO BE, YOU KNOW, LOCATED CLOSE TO A STREET AND THEY MAY WANT TO HAVE A, A TALLER, YOU KNOW, VEHICLE GARAGE OR INDUSTRIAL WAREHOUSE OR SOMETHING. AND SO THAT, THAT 15 FEET WOULD KIND OF HINDER THEM. WHEREAS THE RESIDENTIAL, YOU KNOW, THE 25 FEET, IT, IT'S PROBABLY, YOU KNOW, I DON'T WANNA SAY IT'S TOO TALL, BUT IF, IF THE RESIDENTIAL'S GONNA GET IT, THE NON-RESIDENTIAL DEFINITELY SHOULD GET IT. UM, COUPLE OTHER THINGS HERE THAT, AND, AND THESE ARE JUST TO DEFER TO YOU ALL THAT I NOTICED THAT COUNCIL, OR EXCUSE ME, THE AD HOC COMMITTEE HAD ADDED, UM, THE INNOVATION DISTRICT AND THE PARKS AND RECREATION DISTRICT LOOKED LIKE THEY WERE CALLED OUT IN THERE, BUT WERE CROSSED OUT. AND SO I DON'T KNOW IF THAT'S SOMETHING YOU GUYS WANT TO KEEP IN THERE OR NOT. WE JUST WANTED TO, UM, I DON'T HAVE AN OPINION ON THAT YET. I HAVEN'T BEEN HERE LONG ENOUGH, BUT I JUST WANTED TO BRING THAT TO YOUR ATTENTION. AND THEN THE PARKING MINIMUMS WERE ALSO STRUCK OUT, UH, COMPLETELY. SO NO PARKING REQUIREMENTS AT ALL. UM, FROM MY EXPERIENCE AND, AND, AND MAYBE THE PLANNING STAFF HERE CAN ATTEST AS WELL. I THINK BEING A A SUBURBAN COMMUNITY, UM, YOU KNOW, WE'RE NOT DOWNTOWN AUSTIN AND SO HAVING NO PARKING REQUIREMENTS MAY BE DIFFICULT. UH, ESPECIALLY IN SOME OF THOSE SMALLER RETAIL PLAZAS YOU'VE GET COULD GET SPILLOVER TRAFFIC ONTO THE STREET. UM, I THINK REDUCTIONS IN PARKING MAKES SENSE IN CERTAIN THINGS. I THINK WE'RE OFTEN AS A STATE AND AS A CITY, WE'RE MAYBE TOO OVER PARKED IN SOME WAYS. BUT I WOULDN'T WANT ESPECIALLY, UH, IN THE HISTORIC AREAS OR IN SOME OF THOSE OTHER AREAS TO HAVE NO PARKING REQUIREMENT. I THINK MOST BUSINESSES WILL SELF GOVERN, BUT NOT SOME OF THE SMALLER BUSINESSES MAY TAKE THAT AS, OKAY, I'LL JUST PUT IN TWO OR ZERO. UM, SO WE, THAT WAS JUST A CONCERN THAT I NOTICED. NEXT SLIDE. OKAY. UH, THE USE TABLE. SO THERE'S A RIGHT TO FARM BILL THAT WAS PASSED ABOUT, UM, COUPLE YEARS AGO, UH, THAT THE STATE PASSED, WHICH BASICALLY SAID THAT WE HA AS LONG AS IT DOESN'T, YOU KNOW, POISONOUS GASES OR SOMETHING, WE HAVE TO ALLOW AGRICULTURE IN EVERY ZONING DISTRICT. UM, WE CAN PUT SOME REGULATIONS AND STANDARDS, THAT'S KIND OF A AMBIGUOUS, MAYBE SOMETHING FOR AN ATTORNEY. BUT FROM WHAT I KNOW WORKING IN OTHER CITIES, UM, WE HAVE TO ALLOW AGRICULTURE IN EVERY DISTRICT. SO JUST HAVING ONE AGRICULTURAL DISTRICT, THAT'S FINE, BUT THEN IT JUST, AGAIN, WE CAN PUT CONDITIONS, BUT IT HAS TO BE C, C, C ALL THE WAY AND NOT JUST C IN THE EGG ZONE AS I UNDERSTAND IT. UM, ADUS AGAIN, THIS IS, THIS IS SPECIFICALLY MY THOUGHT. I THINK IN AN AGRICULTURAL ZONE, UM, MOST OF 'EM ARE GONNA BE, YOU KNOW, FARMER RETIRES AND HIS, UM, HIS MOM OR DAD OR MOTHER-IN-LAW MIGHT WANT TO STAY THERE. UM, OR A WORKER THAT, THAT'S WORKING ON THE, ON THE AGRICULTURE. I DON'T, AGAIN, WE'RE, WE'RE PRETTY CLOSE TO AUSTIN HERE, SO PROBABLY NOT GONNA COME UP VERY MUCH, BUT I THINK HAVING SOME FLEXIBILITY FOR A D IN A, IN A ONE ACRE PROPERTY IS NOT GONNA REALLY IMPACT, UM, THE CITY OR OR CONCERN WITH THAT DEMOGRAPHIC. BUT AGAIN, THAT'S JUST MY THOUGHTS FROM EXPERIENCE. UM, AND THEN MANUFACTURED HOMES AND MODULAR HOMES, THEY'RE ALREADY ALLOWED WITH A CONDITIONAL USE IN SF ONE. AND SO I THINK I KNOW A LOT OF, IN OTHER COMMUNITIES THERE'S A CONCERN ABOUT PROPERTY VALUES. AND SO WHILE PLANNERS ARE ALWAYS BIG ON AFFORDABLE HOUSING OR ATTAINABLE HOUSING, I THINK IT JUST HAS TO BE DONE IN THE RIGHT ZONE. AND SO IF YOU ALLOW MANUFACTURED HOMES, MAYBE HAVE A CONDITION THAT JUST SAYS THAT THEY'RE NOT MID-BLOCK, SO THAT YOU HAVE, YOU KNOW, IF IT IS ALLOWED IN SF ONE, THEN IT'S IN A CLUSTER AND NOT RIGHT. YOU HAVE SINGLE FAMILY MODULAR OR MANUFACTURED MODULAR HOMES, WHICH ARE A LITTLE BIT, UH, BETTER. UM, I NOTICED THAT THE AD HOC COMMITTEE STRUCK OUT THE MEDIAN TAXABLE VALUE. SO BASICALLY IF YOU GO WITHIN ALL THE SINGLE FAMILY HOMES WITHIN 500 FEET, THE CONDITION AS IT'S WRITTEN, IF THE AVERAGE HOME WAS 60,000, THAT'S A LITTLE LOW, I'D SAY A HUNDRED THOUSAND, THEN THE, THE MODULAR WOULD HAVE TO BE A HUNDRED THOUSAND AND ONE OR HIGHER BECAUSE IT'S, IT'S THE AVERAGE. AGAIN, I DON'T KNOW IF YOU WANNA KEEP THAT IN OR NOT, BUT I NOTICED THAT THEY HAD STRUCK THAT OUT. SO THAT'S JUST A, A CONVERSATION PIECE. UM, AGAIN, SOME SINGLE FAMILY HOMEOWNERS GET KIND OF PERTURBED ABOUT EVEN MOD NOT JUST MANUFACTURED, BUT EVEN MODULAR HOMES. SO JUST SOMETHING TO THINK ABOUT. UM, HAVING THAT MEDIAN VALUE WOULD AT LEAST ALLOW MODULAR HOMES TO, YOU KNOW, A DIFFERENT KIND OF HOUSING, BUT MAKE SURE THAT PROPERTY VALUES WERE, WERE ASSESSED. UM, NEXT SLIDE. I, UH, MULTIFAMILY DWELLINGS. UM, RIGHT NOW THE DEFINITION OF MULTIFAMILY IS, UH, AN APARTMENT BUILDING. SO IT'S LIKE FIVE OR MORE UNITS IN ONE BUILDING. A LOT OF THE COMP, AND I DON'T MEAN TINY HOMES NECESSARILY, OR, OR SEE GREAT HOMES, BUT A LOT OF THE COMPACT HOMES THAT ARE IN THAT 600 TO 800 SQUARE FOOT RANGE, MAYBE A COUPLE OR ONE, YOU KNOW, WITH ONE CHILD. I'M SEEING A LOT OF THESE AROUND TOWN AND, AND IN OTHER CITIES. SO ALLOWING, UH, [01:50:01] ANY, ANY TYPE OF HOUSING BASICALLY AS MULTIFAMILY DWELLING. SO YOU COULD HAVE, UH, A GROUP OF SMALL SINGLE FAMILY OR COTTAGE STYLE HOMES AS PART OF A SINGLE MANAGEMENT COMPANY OWNED BY A SINGLE LOT. DOES IT REALLY HAVE TO BE IN ONE BIG, BULKY BUILDING? AND THAT MIGHT HELP THE LADY TONIGHT WITH SOME OF THOSE RESIDENTS THAT SAY, WELL, I DON'T HAVE ANYTHING AGAINST SMALLER HOMES. I JUST DON'T WANT TO BE FACING A FOUR STORY APARTMENT. SO IT GIVES THE DEVELOPMENT COMMUNITY SOME FLEXIBILITY. UM, AS WELL, A LOT OF THOSE SITES THAT I'VE SEEN, THEY'LL HAVE A DOG PARK OR A LITTLE COMMUNITY GYM OR SOMETHING LIKE THAT. SO IT JUST, AND THEN PEOPLE FEEL LIKE THEY HAVE HOME OWNERSHIP, EVEN IF THEY'RE RENTING. UM, OKAY. ALMOST DONE CONVENIENCE STORES IN N TWO ZONES. UM, JUST MENTIONED, UH, THE AD HOC COMMITTEE HAD REQUIRED, IT WAS CONDITIONAL BEFORE, NOW IT'S AN SUP. UM, IT SEEMS LIKE A LOT OF, UM, IT, IT COULD INCREASE THE TIME TO WAIT FOR CUSTOMERS HAVING TO GO FOR ANOTHER TWO MONTHS. SO THERE WAS A COUPLE OTHER THINGS IN THERE TOO THAT YOU'LL SEE. BUT, UM, I THINK THERE'S A CONCERN WHERE, YOU KNOW, DO WE WANNA THINGS THAT ARE ALREADY ALLOWED TODAY OR ALLOWED BY CONDITIONS GOING DOWN THAT ROAD AND NOW MAKING CONVENIENT EVERY CONVENIENCE STORE IN AN N TWO GO TO COUNCIL MAY BE A BIT CUMBERSOME. AND AGAIN, THAT'S JUST MY OPINION. IF THERE MAY BE GOOD REASONS THAT HATO IS LEANING TOWARDS THAT. UM, AND IF THAT'S THE CASE, I MEAN, IT WOULD CERTAINLY JUST, YOU KNOW, WE'D HAVE A COUPLE MORE STAFF REPORTS TO WRITE. IT'S NOT REALLY A BIG DEAL, BUT JUST SOMETHING TO BE AWARE OF ON NEXT SLIDE. OKAY. SO OUR RECOMMENDATION IS, UH, CONSIDERATION POSSIBLE ACTION. SO STAFF RECOMMENDS APPROVAL. UM, I GUESS IF THIS, YOU KNOW, IN GENERAL OR IN PRINCIPLE OF THE CITY COUNCIL CHANGES WITH, UM, OUR REC OUR ADDITIONS, AGAIN, IT, THIS CAN CHANGE, UH, CITY ATTORNEYS REVISIONS. AND THEN ANYTHING YOU, YOU ALL WANT TO ADD TONIGHT OR, OR TAKE OUT AND, AND WHETHER YOU AGREE WITH ALL OF WHAT YOU'VE SEEN OR PART OF WHAT YOU'VE SEEN. I REALIZE THERE'S A LOT OF DETAIL. UNFORTUNATELY. WE, WE TRIED TO BREAK THIS UP INTO A COUPLE CHAPTERS AT, AT EACH TIME. UM, BUT WITH THE LEGAL MEMOS BEING ADDED, THE FREEZE AND NICHOLS VERSION, THE COUNCIL VERSION, AND NOW STAFF, THAT'S FOUR DOCUMENTS WE UNDERSTAND. SO WE APPRECIATE YOUR TIME AND, AND WE'RE OPEN TO ANY QUESTIONS OR COMMENTS THAT YOU MAY HAVE. THANK YOU. WELL, IF YOU GUYS DON'T MIND, I'VE GOT SOME NOTES FROM THE VARIOUS REWRITES THAT I'VE DONE AND COMPARING IT WITH THE AD HOC COMMITTEE RECOMMENDATIONS. STILL HAVE A FEW NOTES IF THAT'S OKAY. I'LL GET US STARTED. OH, 'CAUSE I WASN'T AT THAT MEETING, I'M JUST, ALL RIGHT. SO, UH, I'M LOOKING AT 10.102 PURPOSE EARLY ON. UH, SUBPARAGRAPH F THIS IS SOMETHING I RECOMMENDED. IT DID NOT GET APPROVED. I WANT TO FLOAT IT BY EVERYBODY. UH, THE, THIS UDC IS ENACTED TO SUBPARAGRAPH OR BOLE F PROMOTE EFFICIENT AND SAFE VEHICLE CIRCULATION WHILE ACCOMMODATING AND INTEGRATING ALTERNATIVE FORMS OF TRANSPORTATION. I WOULD LIKE TO CHANGE THAT TO PROMOTE AND IMPROVE. IF, IF WE'RE DOING IMPROVEMENTS, THAT SHOULD BE CON COVERED UNDER THE UDC, NOT UNDER WHAT SECTION IS IT? SORRY? UH, THAT'S 10 DASH 1 0 2. OKAY. OLE F. JUST BECAUSE I THINK THE U-D-C-U-D-C SHOULD ALLOW FOR NOT JUST CONSTRUCTION, BUT IMPROVEMENT OR ALTERATION. OH, THAT'S TOO DAMN SMALL. AND THAT'S A SUBSECTION. UH, MFF. OKAY. SO PROMOTE EFFICIENT AND SAFE VEHICLE CIRCULATION. CORRECT. I WOULD LIKE TO CHANGE THAT TO PROMOTE AND IMPROVE. OKAY. IT'S, IT DOES CHANGE THE MEANING A BIT. THAT'S WHY I WANTED TO FLOAT IT. IT'S NOT A SIMPLE GRAMMATICAL. OKAY. WE'VE GOT AN EXTRA COPY HERE. SO AS WE GO ALONG, UH, UM, I'LL, I'LL TYPE IN THE CHANGES THAT YOU ALL ARE REQUESTING. YEAH, I'M OKAY WITH THAT. YEAH. OKAY. SOUNDS GOOD. UH, NEXT, UH, NEXT ONE I HAVE IS 10.108 AND, UH, STARTS OFF WITH REGULAR UPDATES, ET CETERA, ET CETERA. THEN IT SAYS THE UDC UPDATES WILL BE CONDUCTED AS NEEDED. STRIKE THAT ENTIRE SENTENCE BECAUSE WE ALREADY SAY REGULAR UPDATES. RIGHT. SO THERE WE GO. , WE'VE ALREADY GOT A SCHEDULE OF UPDATES. UH, THAT'S IT FOR, UH, CHAPTER ONE FROM ME. YEAH, [01:55:01] THAT'S FINE. UH, CAN WE GO BACK TO YOUR RECOMMENDATION OR YOUR, UH, CHART? YEAH, YEAH, SURE. THANK YOU. OKAY. SO, UH, 1 0 8. YEP. UH, UH, NEXT, NEXT PAGE. RIGHT. OKAY. EXCUSE ME. WOW. UH, YEAH. 10.20 3.2 0.8 MAXIMUM 15 FEET HIGH FOR COMMERCIAL OR RESIDENTIAL I THINK IS ABSOLUTELY FINE. WE DON'T NEED TWO DIFFERENT, DEPENDING ON WHAT THE USE IS BECAUSE THEN WHEN WE START GETTING INTO THE WORK FROM HOME SITUATION. OKAY, WHAT IS THAT IT? CAN I DO A 25 FOOT ACCESSORY BUILDING BECAUSE I'M DOING COMMERCIAL ON 40% OF MY PROPERTY? YEAH. YOU KNOW WHAT LET'S, I SAY LET'S JUST DO 15 FEET. SO RIGHT NOW IN THE CURRENT ORDINANCE, EVERYTHING IS 25 OR DID I GET THAT WRONG? IS IT 15 RIGHT NOW? IT'S 15 RIGHT NOW. OKAY. OKAY. MY APOLOGIES. RIGHT. AND SO THE RESIDENTIAL WOULD BE INCREASED RESIDENTIAL FOR SOME REASON WAS INCREASED TO 25. AND I'M LIKE, UH, MAYBE FOR AN A DU, BUT NOT FOR AN ACCESSORY BUILDING LIKE A SHED OR NO GREEN HOUSE, 25 FOOT FOR A SHED. YEAH. IT CAN GET AN ADVANTAGE OF RIGHT. IN A LOT OF DIFFERENT ANGLES. AND THEN YOU GET PROBLEMS WITH NOT WITH SIZE OF LOTS THEY'RE PUTTING OUT NOW. RIGHT. 25 FOOT SHED IS RIDICULOUS. RIGHT. ON THE SIZE OF LOTS. I'M JUST, I'M JUST SAYING, I, I THINK IF WE KEEP IT FOR 15, FOR EVERYBODY, IF THEY NEED MORE, THEY CAN COME AND ASK FOR MORE. YES, SIR. OKAY. SO 15 ACROSS THE BOARD, WELL, MOST RES OR NON-RES. YEAH. MOST A WHICH ALMOST ALL THE SUBDIVISIONS ARE, THEY HAVE LIMITS ON HOW BIG A STORAGE SHAKE CAN BE ANYWAY IN YOUR YARD. RIGHT. AND AS HIGH AS YOUR GARAGE ROOF LINE. ALRIGHT. YEP. YOU KNOW, AND IT, BUT I AGREE. 15 FOOT, NO, NOT 25. THAT'S RIDICULOUS. YEAH. YEAH. OKAY. STORIES. YEAH, EXACTLY. NO. UM, YEAH, I'M AS, AS FAR AS, UH, THE PARKING MINIMUMS, I KNOW THAT SOME PEOPLE ARE LIKE, OH, WE DON'T NEED PARKING MINIMUMS. YOU DON'T TODAY, BUT WE'RE NOT LOOKING AT TODAY. RIGHT. WE'RE LOOKING AT 2040. WE'RE LOOKING AT 2050. AND IF WE'VE GOT A HUNDRED THOU, 80,000, A HUNDRED THOUSAND PEOPLE HERE AND THERE'S NO PARKING, NO ONE'S GOING TO DO BUSINESS HERE. RIGHT. I AGREE. I I STRUGGLE WITH THIS ONE. 'CAUSE I THINK THE REASON WHY IS BECAUSE THE PLETHORA OF PARKING IN DIFFERENT SHOPPING AREAS, AND THAT'S KIND OF THE REASON I, I THINK WE CAN REDUCE IT. I, I'M NOT, BUT I'M SAYING GETTING RID OF PARKING REQUIREMENTS ENTIRELY, I THINK THAT MAY BE GOOD TODAY AND MAYBE NEXT YEAR, BUT THAT'S GOING TO HURT THE CITY IN THE WRONG LONG RUN. I THINK. I MEAN, LOOK WHAT WE HAD TO DO WITH, WITH EAST STREET, YOU KNOW, WE HAD TO REARRANGE THE PARKING. NOW THAT WAS A SIMPLE STRIFE. YEAH. BUT WHEN WE START TALKING ABOUT, OH, YOU'RE GONNA NEED TO CARVE OUT EXTRA RIGHT AWAY OR YOU'RE GONNA NEED TO CARVE, THAT'S A DISASTER. WE'RE JUST SETTING OURSELVES UP FOR IT. IS THE MOTORCYCLE PARKING INCLUDED IN THIS? YEAH. I MEAN, LET'S GET RID OF THE MOTORCYCLE PARKING. OKAY. LET'S GET RID OF, YOU KNOW, STUFF LIKE THAT. YES. LET'S CHANGE THE PARKING LOT. IS IT LIKE COMPACT CAR? I DON'T, YEAH, THAT'S RIDICULOUS. THAT'S, THAT'S TOO MUCH DETAIL ON PARKING. BUT IF WE SAY, YOU KNOW WHAT, YOU'RE GONNA HAVE ONE SPACE PER 1000 SQUARE FEET OF, OF, UH, COMMERCIAL OR RETAIL, WELL THEN THERE'S SOME PARKING THERE. IT MAY NOT BE ENOUGH FOR THAT PARTICULAR BUSINESS, BUT THEY CAN INCREASE THEIR PARKING. IT MAY BE A LITTLE TOO MUCH FOR SOME BUSINESS. AND SOMETHING WE DID LOOK AT A FEW MONTHS AGO, OR EARLIER THIS YEAR I SHOULD SAY, IS THAT HOTEL RIGHT OVER BY HOME DEPOT. RIGHT. WHERE THEY UNDER, UNDER DID THEIR PARKING. AND I HAD ISSUES WITH THAT BECAUSE, UH, NOT TOP NOTCH, MIGHTY FINE. NO MIGHTY FINE'S THERE. YEAH, YEAH. MIGHTY FINE. AND, UH, COSTA GRANDE, UH, TACO, TACO CAA, TACO CA TACO, THEY BUILT A PARKING LOT. THEY PAID FOR THAT PARKING LOT AND YOU'RE JUST GOING TO HAVE OVERFLOW FROM THE HOTEL [02:00:01] INTO THEIR PARKING LOT. AND THAT'S NOT OKAY EITHER. BUT THE THERE ALONG THAT ROAD, IT, THERE IS PARKING THAT DOESN'T GET UTILIZED. AND I GET THAT. I GET THAT PARKING ISN'T GETTING UTILIZED AND THAT'S PROBABLY BECAUSE WE OVERBUILT ON MIGHTY FINE AND, AND SO ON. BUT AT THE SAME TIME, I DON'T WANT IT TO BE A FREE FOR ALL. 'CAUSE RIGHT NOW FOR PARKING RIGHT NOW IT'S JUST 18 WHEELERS PARK OVER THERE. RIGHT. I KNOW. AND AND THE CAR TRAILERS CALLED BY THE DUALLY. I, YEAH. GOT IT. BUT YOU KNOW, IF, IF I'M A BUSINESS OWNER AND I PAID TO HAVE 20 PARKING SPOTS BUILT AND SOMEONE ELSE IS COMING IN AND USING 19 OF 'EM, THAT'S A PROBLEM. I'M GONNA BE A LITTLE TOD. IT'S THE SAME SITUATION. I'VE GOT A GARAGE, I'VE GOT MY DRIVEWAY, I GOT ONE CAR PARKED IN IT. MY NEIGHBOR PARKS HIS CAR IN MY DRIVEWAY. YEAH. I WOULD HAVE AN, I'M PAYING FOR THIS. YEAH. WHY ARE YOU USING IT FOR FREE? YOU DEFINITELY GET TOWED MY HOUSE. RIGHT. AND YEAH, SO I'M DON'T DOWN. MOST CITIES HAVE A PARKING REQUIREMENT. I MEAN, I MEAN, IT'S KIND OF SOMETHING THAT'S CHANGING AS THE YEARS GO ON. RECENTLY YOU SAW TAYLOR GO AWAY FROM HAVING PARKING REQUIREMENTS. CITY OF AUSTIN HAS GONE AWAY FROM HAVING PARKING REQUIREMENTS. I DON'T CARE THE REASONING, I DON'T CARE WHAT AUSTIN DOES. THEY DO CRAZY THINGS. CITY OF TAYLOR DID. CITY OF BASTROP ALSO GOT RID OF THEIR PARKING REQUIREMENTS. THE REASONING BEING IS THAT WHAT'S BEEN NOTICED IS THAT, UM, DEVELOPERS WILL SELF-REGULATE BASED ON WHAT THEY NEED. YOU KNOW, WE SEE THAT WE HAVE PARKING MINIMUMS AND PARKING MAXIMUMS. WE SAW CRUNCH COME BEFORE US FOR A VARIANCE FOR MORE PARKING BECAUSE THEY KNOW HOW MUCH THEY NEED. WE ALSO SAW OTHER USES COME FOR REDUCTION BECAUSE THEY KNOW HOW MUCH THEY NEED. SO THAT'S KIND OF THE THOUGHT BEHIND IT. UM, AND THEN AS FAR AS THE SPILLOVER PARKING, IN AN IDEAL PLANNING SCENARIO, YOU HAVE, UM, DIFFERENT USES AT DIFFERENT TIMES OF DAY. SO YOU DON'T REALLY HAVE VACANT PARKING, BUT, YOU KNOW, THE, THE PAYMENT SITUATION IS I SEE THAT CONCERN THERE. UM, BUT FROM AN OCCUPANCY POINT OF VIEW, YOU KNOW, I MEAN, I'M I'M NOT SAYING THAT EVERY PLACE NEEDS TO HAVE, YOU KNOW, HOWEVER, WHAT 500 SPACES LIKE, UH, HOME DEPOT DOES. YEAH. YOU KNOW WHAT, THAT'S, THAT'S EXCESSIVE. AND WE SHOULDN'T, WE SHOULDN'T BE REQUIRING THAT SORT OF THING. YEAH. BUT IF HOME DEPOT DECIDES TO PUT 20 SPACES THERE AND THEN THEY'RE SPILLING OVER INTO THE BANK AND SPILLING OVER INTO THE TACO BELL AND EVERYTHING ELSE, THAT'S NOT COOL EITHER. BUT THEY WOULDN'T DO THAT THOUGH. 'CAUSE WOULDN'T POINT THE CUSTOMER'S GONNA SELF-REGULATE. YEAH. IF YOU GO TO A STORE THAT HAS TWO PARKING SPOTS AND YOU HAVE TO PARK A QUARTER MILE DOWN THE STREET, YOU'RE NOT GONNA GO THERE. YOU DON'T GO THERE. YOU'RE GONNA EXACTLY. AND THAT'S GONNA HURT THE BUSINESSES. YOU'RE NOT GONNA GO THERE LONG TERM. BUT THE, SO BECAUSE WE'RE ALLOWING THAT, I, I HAVE FEELINGS ON THIS BECAUSE I'VE STOOD OUT THERE AND FOUGHT THIS TIME AND TIME AGAIN. AND WHEN AUSTIN DID AWAY WITH IT, IT HELPED ME TREMENDOUSLY. BUT THE BIGGEST ISSUE WITH MOST PARKING REQUIREMENTS NOW IS THE BUSINESS THAT THEY'RE DESIGNED FOR TODAY AND THE USE OF THAT BUSINESS TODAY. AND YOU SAY 40 YEARS DOWN THE ROAD MM-HMM . MOST OF THE TIME NOW, THESE 40 YEAR, 40 YEARS AGO, YOU NEED A THIRD OR A QUARTER OF WHAT YOU NEEDED 40 YEARS AGO. AND THAT, I JUST DON'T KNOW HOW I, I DON'T KNOW HOW, AND, AND I, I AGREE. I THINK THERE SHOULD BE SOME REGULATION. RIGHT. HOW DO YOU WORD IT TO SAY THAT HOME DEPOT IS ALLOWED TO HAVE A HUNDRED SPOTS. THE NEXT PLACE COULD HAVE 20, SO TO SAY, A REDUCTION OR A MINIMUM. HOW DO YOU BLANKET EVERY BUSINESS WITH THAT WITHOUT JUST SAYING, YOU NEED TO COME TALK TO THE CITY. RIGHT. I THINK WE'LL TELL YOU HOW MUCH YOU'RE ALLOWED TO HAVE. AND I THINK THAT'S MORE, UH, MORE NUANCED THAN, YOU KNOW, THIS KIND OF FAST, THIS FAST LOOK THAT WE'RE DOING RIGHT HERE. BUT YEAH, I I DEFINITELY THINK THAT, YOU KNOW, COMMERCIAL RETAIL PROBABLY HAS VASTLY DIFFERENT PARKING REQUIREMENTS THAN INDUSTRIAL OR SERVICE. WELL, I HONESTLY BELIEVE THAT IT SHOULD BE LOOKED AT SOMEWHERE. YEAH. WHEN YOU LOOK AT THEIR OCCUPANCY LOAD FOR THE BUILDING THAT THEY'RE APPLYING TO BUILD. BUT I, I JUST DON'T KNOW HOW YOU SAY A REDUCTION, BUT NOT PUT A PERCENTAGE OR A NUMBER ON IT TOO, BECAUSE IT'S TOO VAGUE. BECAUSE YOU TELL ONE PERSON YOU'RE GONNA REDUCE IT TO A HUNDRED. THE NEXT PERSON WE SAY 105 MM-HMM . AND NOW WE TREATED THEM DIFFERENTLY BECAUSE IT'S NOT WRITTEN ANYWHERE. I, I UNDERSTAND. SO I THINK THAT'S WHY EVERYBODY'S GOING TO, THERE'S NO PARKING REQUIREMENTS BECAUSE THAT'S, YOU COME IN FOR A PLAT, WHATEVER ELSE, WE HAVE THE CONVERSATION, SEE WHAT YOU'RE TRYING TO DO. YEP. AND SET THE REQUIREMENT THERE. IF THERE'S A REQUIREMENT, THE BUILDER SHOULD SELF-REGULATE. THEY KNOW WHAT THEY NEED, LIKE YOU SAID, BUT [02:05:01] I JUST DON'T KNOW HOW YOU PUT IT IN WRITING AND SAY, WE'RE JUST GONNA REDUCE IT FOR EVERYBODY. YEAH. AND, AND I THINK, I THINK WHAT I'M SAYING ON, ON THIS ONE, THE TEN TWO OH FIVE IS, LET'S PUT A PIN IN THIS AND COME BACK TO IT, BECAUSE I DON'T THINK WE'RE PREPARED TO OFFER THE SOLUTIONS. YOU KNOW THIS, I THINK THIS IS GONNA TAKE A LA LOT MORE TIME THAN JUST, HEY, WHAT DO YOU THINK? 50% REDUCTION. I THINK THAT'S KIND OF ARBITRARY. IT'S NOT DATA DRIVEN. THE OCCUPANCY LOAD, I THINK IT'S A REAL GOOD PLACE TO START. YEAH. BUT IT, IT IS, IT'S LIKE YOU SAY IT, IT IS GONNA TAKE TIME. RIGHT. BECAUSE IT'S A LITTLE BIT MORE TEDIOUS THAN WHAT WE'RE THINKING. RIGHT. YOU KNOW, WHEN WE, WHEN YOU SAY OCCUPANCY AND EVERYTHING, OKAY. YOU CAN SAY HOW MANY PEOPLE COME INTO THIS BUSINESS, BUT FOR EXAMPLE, LIKE WHERE THEY HAVE THAT NEXT TO THE TACO CASA AND THEY HAVE THAT CHIPOTLE AND STUFF LIKE THAT. YEAH. WHEN THEY CAME AND APPLIED FOR THIS, IT WAS JUST GONNA BE A PLAZA. MM-HMM . THEY DIDN'T KNOW WHAT WAS GOING IN THERE YET. RIGHT. RIGHT. THEY WERE GONNA LEASE IT. AND NOW WHAT HAPPENED? YOU GOT THIS CHIPOTLE IN THERE THAT'S SLAMMED ALL THE TIME. THERE'S NEVER PARKING. RIGHT. AND THE, THE AMOUNT OF SPACE THEY HAVE INSIDE IS MINIMAL. THEY PROBABLY, THEIR OCCUPANCY IS VERY LITTLE. MM-HMM . RIGHT. AND IT'S A BIG, BIG HASSLE THERE. LIKE THERE IS NO, THEY PROBABLY GOT SEVEN PARKING SPOTS. MM-HMM . PROBABLY 10, LET'S SAY 10 PARKING SPOTS WITH FOUR OF THEM, UH, FOR A HANDICAP. SO YOU HAVE NO PARKING THERE. EXACTLY. AND THERE'S NOT ONLY THE CHIPOTLE, YOU GOT THE, THE PIZZA PLACE RIGHT NEXT DOOR AND, AND YOU HAVE ANOTHER THING RIGHT NEXT DOOR. SO YOU HAVE THREE, THERE'S GOOD PARKING POINTS. RIGHT. GOOD POINTS. RIGHT. SO, SO WE HAVE TO BE CAREFUL WITH THAT BECAUSE, YOU KNOW, JUST SAYING THE OCCUPANCY, IT'S REALLY, WE HAVE TO REALLY FOCUS ON WHAT'S GOING THERE. LIKE WHAT? NO, NO, I'M JUST SAYING THAT'S WHAT I MEAN WITHOUT SAYING YOU COULD SAY RESTAURANT. YEAH. . YOU COULD SAY CHIPOTLE AND CHICK-FIL-A AND OBVIOUSLY WE'RE LIKE, WOW, YOU KNOW, THEY'RE GONNA NEED THAT PARKING. EXACTLY. YOU COULD SAY SOMETHING ELSE. AND IT COULD BE A LOCALLY OWNED RESTAURANT THAT HAS TWO CUSTOMERS AN HOUR. RIGHT. YOU GOTTA HOLD 'EM TO THE SAME STANDARD. I CAN'T SAY THAT'S, I'M SAYING YOU DON'T KNOW HOW TO WORD IT. YEAH. SO, BUT I'M SAYING, WHAT I'M SAYING IS THAT I THINK THE OCCUPANCY LOAD IS A GOOD START. GOOD START. THAT'S, THAT'S AT LEAST A DATA POINT THAT WE CAN LOOK AT AND GO, YEAH. YOU KNOW, MAYBE WE NEED TO INCREASE FOR THIS OR DECREASE FOR THIS. OR, BUT THE BLANKET, HEY, WE'RE GONNA REMOVE THE PARKING. I DO NOT THINK IS THE WAY TO GO. COULD YOU NOT? I AGREE WITH YOU, RICK. YEAH. COULD YOU NOT TIE IT TO THE FIRE CODE OCCUPANCY LIMIT? YEAH. AND, AND, BUT THAT, YOU KNOW, THESE, THESE ARE ALL BUT THE, HOLD ON, HOLD ON, HOLD ON. THESE ARE ALL OPTIONS THAT I THINK WE SHOULD CIRCLE BACK TO AND HAVE A MORE IN DEPTH DISCUSSION ABOUT. GO, GO AHEAD. I DIDN'T MEAN TO, TO CUT YOU OFF. 'CAUSE LIKE, BECAUSE LIKE THE HOTEL SITUATION MM-HMM . THAT'S VERY CERTAIN TIMES OF THE DAY. THAT'S VERY CERTAIN. LIKE, AND IT'S NOT GONNA BE, THAT'S THE ASSUMPTION OF IT BEING A HUNDRED PERCENT FULL OCCUPIED AND UTILIZED. THAT'S REALLY EASY THOUGH. YEAH. BECAUSE IF YOU HAVE A HUNDRED DOORS, YOU NEED A MINIMUM A HUNDRED SPOTS PLUS EMPLOYEE PARKING, THAT WOULD BE EASY, EASY DATA. RIGHT. BUT YOU CAN'T DO THAT AT A RESTAURANT OR ANY OTHER BUSINESS. EXACTLY. EXACTLY. THERE'S NO TWO THAT ARE THE SAME. YEAH. BECAUSE YOU, THAT WON'T, THAT WON'T, THAT'S WHY THAT WON'T WORK FOR ACADEMY. EVERYBODY IS GOING TO ZERO. YEAH. NO REQUIREMENT. 'CAUSE IT'S HARD. YOU BRING IT IN, WE APPROVE YOUR PLANS, WE DISCUSS IT AT THAT TIME. WE MAKE THE DECISION BASED ON THAT. MM-HMM. BUT IF YOU DO A REDUCTION OR JUST, I THINK IT PUTS MORE LOAD ON CITY STAFF EVERY TIME SOMEONE COMES IN TO GET A VARIANCE COMPARED TO, WELL, THAT'S WHAT'S HAPPENING NOW. . MM-HMM . I CAN'T TELL YOU THE AMOUNT OF TIME I'M SPENT FIGHTING PARKING. AND THAT'S WHY I APPRECIATE THE CITIES. THAT ONE TOO MINIMUM. WELL, BECAUSE LIKE, WE, HOW MANY TIMES DO WE NOT APPROVE A PARKING VARIANCE? JUST MAKE SURE THOSE ARE DONE. WE DON'T GENERALLY DO THE VARIANCES. NO, WE DON'T. OH, THEY'LL, THEY'LL DO IT AS PART OF A P OR AN SAP. YEAH. BUT YOU KNOW, THAT'S, YOU KNOW, WE CAN TELL 'EM, WE'D, WE'D LIKE YOU TO PLANT, YOU KNOW, FICUS, . DOES STAFF HAVE A RECOMMENDATION FOR THE REDUCTION BASED OFF WHAT THEY HAD? NOT YET. I, I WOULD NEED TO STUDY IT. I'VE DONE THIS IN ANOTHER CITY BEFORE AND, AND REWROTE THAT SECTION. I WOULD SAY TWO THINGS TO THINK ABOUT. AND WHAT WE CAN DO IS WE CAN MOVE FORWARD WITH THE OTHER CHANGES FOR ONE AND TWO, RECOMMEND TO COUNCIL MINUS THE PARKING SPACE REQUIREMENT. UM, 'CAUSE I DO AGREE THE DOWNTOWN IS MY BIGGEST HANGUP WITH MM-HMM . THE PARKING SITUATION. RIGHT. WE, IF A BIG BUSINESS COMES IN, WE'LL NEED TO REQUIRE THEM TO HAVE PARKING. EXACTLY. AND SO WHAT I'LL ADD, JUST BECAUSE OF LIMITED SPACE, IT WOULD BE DIFFICULT TO ADD PARKING SPACES ON THE TINY LOTS THAT ARE DOWNTOWN. THERE ARE PLANS FROM WITHIN THE CITY TO, UH, REDO PECAN STREET. UM, AND THAT'S [02:10:01] GONNA ADD, UM, I FORGET THE EXACT NUMBER, BUT UPWARDS CLOSE TO, DO YOU REMEMBER THE NUMBER THAT WAS PRESENTED AT THE MEETING? BECAUSE IT WAS PECAN STREET AND ANOTHER STREET AS WELL. AND I WANNA SAY IT WAS CLOSE TO A HUNDRED PARKING SPOTS IN THE DOWNTOWN AREA. YEAH. I'M RECALLING A NUMBER IN THE EIGHTIES. YEAH. FOR THE NUMBER OF PARKING SPOTS THAT WOULD BE ADDED. BUT AG, AGAIN, WITH THIS KIND OF DATA DRIVEN, OH, HEY, LOOK, WE'RE GONNA ADD STUFF TO DOWNTOWN, OR WE'RE GONNA ADD, YOU KNOW, LIKE THE PARKING STRUCTURE OUT THERE. I DON'T KNOW HOW THEY CALCULATED HOW MANY SPOTS THEY'RE PUTTING IN THAT PARKING GARAGE, BECAUSE THERE'S NOT ENOUGH BUSINESSES TO WARRANT A PARKING GARAGE THAT SIZE. SO I DON'T KNOW WHAT THEY WERE LOOKING AT. YOU KNOW, WERE THEY LOOKING AT FUTURE, HEY, WE'LL BUILD IT OUT AND IT'LL SERVE THIS MUCH. BUT I MEAN, EVEN, EVEN AS A LITTLE AS IT IS OR AS BIG AS YOU MIGHT THINK IT IS. YEAH. IT'S ALWAYS FULL. YEAH. AND THERE'S, I'VE BEEN IN THERE TO EAT AT JACK ALLEN'S. YEP. I HAVE TO GO TWO LEVELS TO FIND A PARKING SPOT DURING THE DAY. AND IT'S LIKE, HOW, LIKE YOU SAY, IT'S LIKE, HOW IS THIS GO EARLIER IN THE DAY? AND YOU DON'T HAVE TO YEAH. . BUT, BUT YEAH, I, I WOULD LIKE, I WOULD LIKE US TO HAVE A DATA DRIVEN DECISION RATHER THAN THIS IS WHAT EVERYONE ELSE IS DOING, OR THIS IS, OR THIS IS YEAH. I AGREE. THIS IS BURDENSOME. SO WE SHOULD DO AWAY WITH, I'D LIKE TO HAVE A DATA SET TO GO ALONG WITH IT. NO MOTORCYCLE OR COMPACT. OH, OKAY. NO. YOU KNOW, MOTORCYCLE PARKING IS A NEAT CONCEPT. IT WOULD BE NICE TO HAVE AREAS WHERE MOTORCYCLES ONLY PARK. I MEAN YEAH. BUT LOOK AT, LOOK AT ACADEMY. THERE'S NOT THAT MANY GOING TO BE THERE. I UNDERSTAND THAT TOO. LOOK AT ACADEMY AS AN EXAMPLE. THE MOTORCYCLES ARE ALL ALONG THE ONE SIDE, AND IT'S LIKE, OKAY, THEY'RE JUST SITTING THERE VACANT. RIGHT. MOST OF THE TIME THEY DON'T EVEN, THEY DON'T EVEN SEE 'EM. RIGHT. THEY'RE PARKING IN THE FRONT. YEAH, EXACTLY. YEAH. THEY JUST GO PARK ANYWHERE ANYWAY. RIGHT. SO, SO YEAH. ALL RIGHT. UM, WE'RE AGREEING TO, WAS THERE, I LIKE, I LIKE THESE IDEA THOUGH. LET'S, LET'S GO THROUGH EVERYTHING ELSE. RIGHT. PUT A PIN IN THIS ONE AND THEN WE CAN COME BACK. YEP. MOVE FORWARD. UH, SO LET'S GO TO THE NEXT PAGE. YES, SIR. LET, OKAY. OKAY. THAT'S AGRICULTURAL USES IN ALL ZONING DISTRICTS. THAT ONE I WOULD BE A LITTLE CAUTIOUS ABOUT BECAUSE OF THE ORDINANCES THAT WE CURRENTLY HAVE, THAT DISALLOW ROOSTERS AND CERTAIN NUMBER OF CHICKENS AND THAT SORT OF THING. AND I UNDERSTAND YOU CAN PLANT CROPS ON, ON YOUR LAND. THAT'S FINE. THANKS, PATRICK. BUT WE REALLY DON'T WANT A ROOSTER FARM NEXT TO, YOU KNOW, YOUR HOUSE , LET'S PUT IT NEXT DOOR TO THAT HOTEL. RIGHT. WOULDN'T MOST RESIDENTIAL HAVE DEED RESTRICTIONS IF IT'S AN HOA, BUT IF IT'S NOT, THEN IT'S WIDE OPEN ALL OF A SUDDEN. I JUST WANT TO CLARIFY SOMETHING FOR YOU ALL TOO. 'CAUSE I, I GET, THERE'S A NUANCE THERE AND IT, IT'S, UNLESS YOU'RE AN ATTORNEY, LIKE EVEN FOR US AS, AS PROFESSIONALS, IT'S, IT'S NOT EASY TO INTERPRET. MY UNDERSTANDING OF IT IS THAT YOU, YOU, WE HAVE TO ALLOW AGRICULTURE IN EVERY ZONE. I COULD BE WRONG, THAT'S HOW IT WAS A YEAR OR TWO AGO WHEN WE SPOKE TO SOME ATTORNEYS, UH, IN ANOTHER, UM, JURISDICTION. BUT WE COULD, WE CAN STILL ENFORCE THOSE MINIMUM, LIKE THOSE, THOSE CAPS ON THE NUMBER OF ANIMALS PER ACREAGE. MM-HMM . SO YOU'D STILL BE ABLE TO DO THAT IF, IF, IF AN ORDINANCE SAID, YOU KNOW, TWO HOGS ARE GONNA SMELL THAT, YOU KNOW, ARE GONNA BE THIS SMELLY, THEN YOU COULD SAY ONLY, YOU KNOW, AND THAT'S BASED ON AGRO LIFE, TEXAS A AND M AGRA LIFE. SO YOU'D STILL BE ABLE TO ENFORCE THAT. RIGHT. SO, SO ARE YOU SAYING THE STATE LAW SAYS YOU'RE ALLOWED THE LAW'S CHANGED TO WHERE YOU CAN HAVE CHICKENS OR ROOSTERS NOW AT YOUR HOUSE? IS THAT WHAT YOU'RE, IS THAT, IS THAT WHAT YOU'RE SAYING? YES. BASED ON NOT IF YOU LIVE IN HOA 'CAUSE THERE'S DEED WELL, WAIT A MINUTE, WAIT A MINUTE. STATE LAWS TRUMP HOAS. RIGHT. STATE LAWS TRUMP OA RULES. OKAY. BUT THE OA RULES, I TAKE THAT BACK. DEED RESTRICTIONS. YEAH. REGARDLESS IF IT'S A STATE LAW OR NOT, H OAS IS NOT GONNA ALLOW IT. YEAH. BUT THE DEED RESTRICTION TRUMPS THE HOAI BECAUSE YOUR LOT SAYS THAT YOU CAN'T HAVE IT AND YOU SIGNED IT. YEAH. YEAH. MM-HMM . YEAH. BUT, BUT THAT MIGHT, I THAT MIGHT BE, I, I, I'M NOT SURE. BUT ALSO TOO, I THINK IT WAS, UM, FOCUSED ON THE BUSINESS SIDE OF IT TOO. RIGHT. SO, SO IT'S, IT'S BASICALLY SAYING IF IF JOE FARMER IS COMES INTO THE CITY, THEN UH, THEY, THEY'RE ALLOWED TO GROW CROPS IN THEIR, IN THEIR, UM, ON THEIR PROPERTY. BUT I THINK IT'S IN, I DON'T KNOW. I COULD, THAT'S WHY I GOTTA STAY OUTTA THIS. 'CAUSE AGAIN, IT'S, IT'S A LITTLE [02:15:01] OVER MY HEAD. BUT DON'T TAKE, WE COULD RUN THAT BY AN ATTORNEY IF WE HAD TO. I JUST DIDN'T WANT TO MISS MISS IT. AND THEN THERE'S BECOMES AN ISSUE AND SOMEBODY, YOU KNOW, BRINGS A LEGAL ISSUE TO US. YEAH. I, I AM, IF, IF WE ARE TALKING, YOU KNOW, RIGHT. TO FARM, I KNOW THAT STATE LOOKS AT FARM AS AGRICULTURE AND LIVESTOCK, AND I THINK THAT'S A BIT OF A PROBLEM. RIGHT. RIGHT. TO FARM AGRICULTURE. I'M FINE WITH YOU WANT, MY NEIGHBOR WANTS TO PLANT SORGHUM. I DON'T LIVE IN NHOA. THEY WANT TO PLANT SORGHUM AND THE OTHER NEIGHBOR WANTS TO PLANT, YOU KNOW, PEAS, PEAS, FLAT LINE. GO AHEAD. BUT LIVESTOCK, THERE SHOULD BE A LIMIT. EXACTLY. OR THE REQUIREMENT OR WHAT, WHATEVER. BY LAW WE CAN DO, WE SHOULD PROBABLY DO. EXACTLY. EVERYONE GETS A CHICKEN, RIGHT? EVERYONE GETS A, EVERYONE GETS A ROOSTER. AND, YOU KNOW, I, I HATE TO SAY IT THIS WAY, BUT IF YOU DECIDE TO HAVE A PUPPY MILL NEXT DOOR, THIS LOOKS LIKE THAT'S FINE. WELL, AND THAT'S NOT OKAY. I'M PRETTY SURE TEXAS HAS A LAW ABOUT HOW MANY DOMESTIC ANIMALS YOU COULD HAVE PER HOUSEHOLD ANYWAYS. BUT YEAH, I JUST, YEAH. IF IT'S ALLOWED, I THINK JUST MAKE SURE IT'S, IT'S WRITTEN. YEAH. CORRECTLY. ALL RIGHT. UM, ALLOW ADUS BY RIGHT. IN THE AR ZONE. I'M ACTUALLY OKAY WITH THAT. I WOULD NOT BE WITH, WITH, WHAT'S THAT? WITH THE CAVEAT THREE DWELLING UNITS WITH THE CAVEAT THAT IT CANNOT EXCEED THE NUMBER OF, UH, RESIDENT, UH, HOUSES. IF YOU'VE GOT TWO HOUSES ON YOUR FIVE, UH, ON YOUR FOUR ACRE FARM, COOL. YOU CAN PUT TWO AUS. BUT IF YOU'VE GOT ONE HOUSE, YOU CAN PUT ONE A DU BECAUSE I HAVE SEEN, UH, IN CENTRAL CALIFORNIA WHERE THEY BUILD MIGRANT WORKER HOUSING. YEAH. SO IF THIS IS NOT OKAY, ONLY IN THE AR ZONE AND NOT IN ANYWHERE THAT SAYS RIGHT TO FARM MM-HMM . THIS IS NOW AR ZONE. I WOULD BE AGAINST IT IF IT'S ONLY IN WHAT WE ALREADY HAVE ZONED AGRICULTURE, I WOULD JUST LIMIT IT TO SO MANY PER ACRE OR SOMETHING. BUT IF YOU LET EVERY RESIDENTIAL LOT START TO BECOME AN AGRICULTURAL ZONE MM-HMM . AND THERE WERE A LOT 17 CAMPERS YEP. CONNECTED TO EACH OTHER. AND YOU'RE GONNA HAVE A, A CAMP. YEAH. THAT'S WHAT I DON'T WANT. YEAH. THAT WAS THE ONLY THING THAT WE CHANGED FROM WHAT COUNCIL OR AD HOC COMMITTEE HAD, WAS JUST IN THE AG. YEAH. AND YOU COULD SAY LIMIT OF ONE OR YOU COULD SAY NOT TO EXCEED THE HOUSES. I WOULD LIMIT IT BY ACREAGE OR SOMETHING. YEAH. I THERE'S SO MANY PER ACRE, OR ONE PER ACRE. TWO PER 'CAUSE. YOU'RE GONNA, YOU'RE GONNA FIND SOMEONE THAT HAS AN ACRE OF LAND YEP. AND IT'S NOT A CAMPGROUND, BUT ALL OF A SUDDEN YOU HAVE SIX TRAILERS ON IT. 10, 10 TENT CITY. YEP. IS WHAT'S GONNA HAPPEN. YEAH. YEAH. UH, TEN TWO OH FIVE, UH, THE MODULAR HOME, I REALLY DIDN'T GET THE DIFFERENTIATION BETWEEN A MODULAR AND A, IN A MOBILE, I MEAN, OR A MINI OR ANYTHING LIKE THAT. LIKE, YOU KNOW WHAT, IT'S A, IT'S A MANUFACTURED HOME. JUST CALL IT A MANUFACTURED HOME AND BE DONE WITH IT. WHETHER YOU TAKE THE WHEELS OFF OF IT OR YOU DON'T. RIGHT. JUST SO I'M OKAY WITH THIS, BECAUSE, YOU KNOW, WE'RE, IN MY OPINION, WE'RE SPLITTING HAIRS BETWEEN MINI HOME AND OR TINY HOME OR WHATEVER. AND SO YOU'RE WANTING, YOU'RE WANTING TO SAY IT'S OKAY TO PUT A MANUFACTURED HOME NEXT TO A, IN A SUBDIVISION, A SINGLE FAMILY HOMES LIKE NEXT DOOR TO YOUR HOUSE. YEAH. A MANUFACTURED HOME NEXT DOOR TO YOUR HOUSE. YEAH. NO, BASICALLY A TRAILER. GO LOOK AT CEDAR PARK AND LEANDER. I, I KNOW I'VE BEEN THROUGH 'EM. THEY'RE HORRIBLE. BUT IF THAT MOBILE HOME, IF THAT MANUFACTURED HOME, IF THAT TINY HOME HAS ALL OF THE CODE REQUIREMENTS THAT A REGULAR HOME HAS AS FAR AS HOOKUPS, LIGHT, SETBACKS, EVERYTHING ELSE, I'M OKAY WITH IT. WE'RE NOT GONNA AGREE . I, I'M, I'M JUST SAYING I'M OKAY WITH IT. YOU KNOW, I'VE, I'VE GOT A PRETTY BIG BACKYARD AND IF I WANT TO PUT A TINY HOME BACK THERE WITH ELECTRICAL, ITS OWN ELECTRICAL, ITS OWN PLUMBING, ET CETERA, ET CETERA, ET CETERA, IT'S MY LAND. I SHOULD BE ABLE TO DO THAT. SHE ALSO HAS TO THINK ABOUT IMPERVIOUS COVER. I KNOW. AND IF I STILL AM UNDER THE IMPERVIOUS COVER CAP, THEN WHY CAN'T I PUT AN A DU [02:20:01] ON MY LAND IF I MEET EVERY OTHER REQUIREMENT, WHY CAN'T I PUT AN A DU ON MY LAND? UH, THAT, THAT'S MY VIEW ON IT. SO I I GET IT. WE'LL, WE'LL DISAGREE. THAT'S COOL. WE'LL, WE'LL AGREE TO DISAGREE, BUT I, I, THAT'S COOL. I I'M TOTALLY AGAINST MANUFACTURED HOMES IN MODULAR HOMES GOING IN TO A SUBDIVISION LIKE SUBDIVISION THAT WE JUST APPROVED TONIGHT. MM-HMM . SO FIVE OF THE LOTS ARE GONNA HAVE MOBILE HOMES ON IT. THE NEXT FIVE ARE GONNA HAVE NICELY BUILT HOMES. SO THE NEXT FIVE ARE GONNA HAVE MODULAR HOMES. WELL, HOA AND THEY HAVE DEED RESTRICTIONS. SO YEAH. MOST OF THOSE SUBDIVISIONS COMING IN, THEY'RE ALL HOA. YEAH. BECAUSE, WELL, EVERY SUBDIVISION REALLY NO SUBDIVISION. THAT'S JUST, THAT'S RIGHT. TEXAS IS FULL OF HOAS. IT'S ALL NEW HOUSE. AND IF, IF WE'VE RESTRICTIONS AND IF FOR THAT DEVELOPMENT, IF YOU WANT A MODULAR HOME SUBDIVISION, BUILD A MODULAR HOME SUBDIVISION. RIGHT. IF YOU WANNA MANUFACTURE, UH, A MOBILE HOME SUBDIVISION, BUILD ONE. WELL, TONY, I THINK THE THING IS THIS ISN'T GONNA APPLY TO MOST NEIGHBORHOODS LIKE THAT. THIS IS GONNA BE WHERE THERE'S LAND THAT'S NOT IN AN HOA YEAH, EXACTLY. AND THERE'S NOT MANY PIECES OF RESIDENTIAL LAND. OKAY. BUT THAT'S FAR ENOUGH AWAY THAT'S BEING SOLD AND PURCHASED TO BE BUILT ON. THAT'S OUTSIDE OF AN HOA. OKAY. YEAH. YEAH. I, I WILL NEVER AGREE TO HAVING ALL THAT TOGETHER. IT'S NOT THOUGH. IT'S, IT WOULD BE IF, IF YOU WENT OUT DOWN THE ROAD TO SOMEWHERE, THERE'S NOT AN HOA MY HOUSE, YOU'RE GONNA HAVE NO NEIGHBORS AND YOU BOUGHT AN ACRE OF LAND AND, AND YOU KNOW, PUT A MODULAR HOME ON IT. THIS IS NEVER GONNA GO IN A NEIGHBORHOOD AROUND LIKE THAT'S CURRENTLY BEING BUILT BECAUSE OF THE DEED RESTRICTIONS. MM-HMM . ALL WE SAY NO MODULAR PRE-MANUFACTURED HOMES, AND WITH ALL THE BUILDING AND ARCHITECTURAL REQUIREMENTS. AND AS, AS WE'RE APPROVING THESE DEVELOPMENTS, YOU KNOW, THIS TINY HOUSE, THIS, YOU KNOW, 800 SQUARE FOOT, TINY HOUSE TYPE THING. WELL, IF THE DEVELOPMENT HAS A MINIMUM LOT WIDTH OF 40 FEET, OKAY. YOU PUT A TINY HOUSE, YOU KNOW, ON THIS 7,800 SQUARE FOOT LOT HAVE FUN, IT STILL REQUIRES ALL THE SAME STUFF. YEAH. LIKE, LIKE HE WAS SAYING, I MEAN, YOU'RE REALLY NOT GONNA GET INTO WHERE YOU'RE GONNA SAY YOU'RE GONNA HAVE A NEW HOUSE AND THEN YOU'RE GONNA HAVE MY, A LITTLE SMALL HOUSE. YEAH. LIKE, I LIVE OFF OVER THERE BY BUSHY CREEK, BY OREGON PARK, AND I LIVE IN THE BROOKLYNS. RIGHT. FOR EXAMPLE, IT'S HOA RIGHT ON THE OTHER SIDE OF, OF, UH, OREGON PARK. RIGHT. THERE'S A HOUSE MM-HMM . CAN'T REALLY SEE. AND IT HAS THREE TINY HOUSES IN THE BACK, BUT IT'S GOT ITS OWN PIECE OF LAND BACK THERE. IT'S SECLUDED. YOU'RE REALLY NOT, IT'S NOT GONNA BOTHER. IT DOESN'T BOTHER HIM. 'CAUSE I DON'T SEE IT. MM-HMM . SO WHAT HE'S TRYING TO SAY IS RIGHT. I MEAN, YOU'RE, YOU'RE REALLY NOT GONNA BE ABLE TO HAVE A PIECE OF LAND THAT YOU'RE GONNA BUY IN A NEW SUBDIVISION AND SAY, I'M JUST GONNA PUT, I'M NOT GONNA DO A NEW HOUSE. I'M GONNA DO A NORMAL PERSON BUYING A HOUSE OR BUILDING A HOUSE THAT CAN AFFORD TO BUY A PIECE OF LAND. CAN'T AFFORD TO BRING UTILITIES TO THAT PIECE OF LAND. AND IF THEY COULD AFFORD TO BRING UTILITIES TO THAT PIECE OF LAND, THEY'RE GONNA BUILD A HOUSE, NOT A MODULAR HOME. RIGHT. FACTS. AND I, I BELIEVE THE CURRENT UDC DOES ALLOW WITH CONDITIONS, BOTH OF THOSE, THE CHANGE WAS THAT THE CONSULTANT HAD ADDED THE MEDIAN VALUE, UM, WITHIN 500 FEET. THAT IT HAD TO BE AT LEAST THE AVERAGE OF WHAT THE SINGLE FAMILY HOMES ARE WITHIN 500 FEET. AND THEN COUNT, UH, THE AD HOC COMMITTEE STRUCK THAT OUT. SO YEAH, YOU HAVE TWO, TWO THINGS IS ONE, DO YOU WANT TO CONTINUE TO ALLOW THEM WITH CONDITIONS? AND THEN YOUR SECOND QUESTION IS, UM, FOR MODULAR HOMES, DO YOU WANT TO HAVE THAT, THAT RULE OR NOT? UM, IT'S ACTUALLY INTERESTING 'CAUSE THE MANUFACTURED HOMES ARE USUALLY, UM, LESS EXPENSIVE. MM-HMM . BUT THE CONDITION THAT I SAW IN THE NEW UDC IS PROPOSED BY THE CONSULTANT, DIDN'T HAVE THAT 500 FOOT MEDIAN VALUE FOR MANUFACTURED HOMES. AND YET MODULAR HOMES, WHICH ARE USUALLY BETTER PRODUCTS, HAD IT. SO, RIGHT. YEAH. YEAH. I, THAT THAT'S WHY, THAT'S WHY I WAS LIKE, OKAY, IT'S, TO ME, IT'S SPLITTING HAIRS. CALL IT A MANUFACTURED HOME NO MATTER WHAT, YOU KNOW, THE WHEELS ARE ON IT OR NOT. BUT I, I WOULD BE A OKAY WITH, UM, WITH GETTING RID OF THE DIFFERENT DEFINITIONS, MODULAR, TINY AND MOBILE, I WOULD BE AKAY WITH GETTING RID OF THAT AND GETTING RID OF THE MEDIA TAX MEDIAN TAXABLE VALUE BECAUSE YEAH. I, I CAN'T THINK OF A TINY HOME THAT'S GOING TO EXCEED A FOUNDATION HOME. I JUST CAN'T. BUT POSSIBLY ON THE LOT THAT THEY BUILD IT ON, BECAUSE RIGHT. THEY'RE GONNA HAVE TO BUY IT OUTSIDE OF AN HOA, SO YOU'RE NOT GONNA GET A 10,000 SQUARE FOOT LOT. YEP. SO A LAND ALONE'S PROBABLY GONNA ADD A HUNDRED THOUSAND TO 150,000, THE VALUE OF THE HOME. BUT I, I DON'T REALLY HAVE A FEELING [02:25:01] IN THAT EITHER WAY. OKAY. I WOULD GO EITHER WAY WITH IT. WE COULD, WE COULD KEEP WHAT BASICALLY WHAT THE AD HOC COMMITTEE HAD IS WHAT YOU'RE SAYING, AND STRIKE OUT THAT MEDIAN VALUE PART. BUT THE STRUCTURE TYPE, I DON'T KNOW IF WE CAN DO THAT. BECAUSE THEY'RE, THEY ARE IN LAW, AS FAR AS I KNOW, THEY ARE DISTINCTIVE. THE MANUFACTURED HOME IS, IS HUD BASED. AND, UM, IT COMES AS IT IS. AND THEN MY UNDERSTANDING OF A MODULAR HOME, IS IT, IT'S ASSEMBLED ON DIFFERENT PIECES MM-HMM . AND PUT TOGETHER. AND, AND SO THEREFORE, UM, YEAH. THE, THE MODULAR HOME IS USUALLY NOT ALWAYS, BUT USUALLY SLIGHTLY HIGHER VALUE BECAUSE OF THAT. RIGHT. BUT AGAIN, I DON'T, I DON'T KNOW ALL THE DIFFERENCES. THAT'S JUST GENERALLY. OKAY. WELL, LET'S MOVE ON TO THE NEXT PAGE. UNLESS THERE'S ANYTHING ELSE FROM ANYBODY, UH, MULTIFAMILY DWELLINGS AS YOU'RE LOOKING AT THIS, UM, QUICKLY, YOU, THE OPTION THERE TO ALLOW SINGLE FAMILY, SMALLER HOMES AS PART OF A SELF-CONTAINED DEVELOPMENT, THAT COULD STILL BE DONE THROUGH A PUD, LIKE THROUGH A PLAN DEVELOPMENT DISTRICT. IT'S JUST THAT THIS JUST ALLOWS SOME MORE FLEXIBILITY. UM, BUT A PUD WOULD ALLOW THAT FLEXIBILITY ANYWAY. SO NOW ON THIS, BECAUSE I THINK WHAT PEOPLE ARE GETTING HUNG UP ON, NOT HERE, BUT LEGISLATIVE IS MULTIFAMILY. YEAH. YOU KNOW, I, I MAY HAVE TWO, TWO GENERATIONS, THREE GENERATIONS IN MY HOUSE. OKAY. DOES THAT NECESSARILY MAKE IT MULTIFAMILY? WHO CARES? WHO'S LIVING IN YOUR HOUSE? I THINK WHAT WE NEED TO BE, WHAT WE NEED, MAY NEED TO CONSIDER IS THE LUE USE. 'CAUSE THAT'S WHAT WE CARE ABOUT. HOW MUCH WATER IS THIS HOUSE USING? HOW MUCH RESOURCES IS THIS HOUSE USING? WE REALLY DON'T CARE IF, YOU KNOW IT'S MOM POP AND 17 KIDS IN THIS HOUSE. OH LORD, , WE, WE REALLY DON'T CARE. DO WE? BUT WE DO CARE ABOUT IS HOW MUCH OF THE CITY'S RESOURCES ARE DEDICATED TO THIS PROPERTY. THIS IS WHERE I CAN GET YOU INTO TROUBLE REAL QUICK PROBLEM, BECAUSE I, I'VE, I'VE RUN INTO THIS, NOT HERE, BUT IN OTHER PLACES WHERE IT WAS A LARGE FIVE BEDROOM HOME MM-HMM . AND THE OWNER LITERALLY RENTED OUT A BEDROOM TO A FAMILY MM-HMM . YEP. DOES THAT DOCUMENT, DOES THAT MAKE IT A MULTIFAMILY? WELL, ACCORDING TO THIS, THERE'S MULTIPLE FAMILIES LIVING IN A SINGLE BUILDING. SO YES. BUT, AND, AND I'M SAYING AS A CITY, WE SHOULDN'T CARE EXCEPT FOR THE RESOURCES THAT ARE, THAT THE CITY IS, UH, THE RESOURCES THAT ARE BEING USED, THE CITY RESOURCES. BUT I DON'T KNOW WHAT THIS IS ACTUALLY SAYING, BUT FROM MY UNDERSTANDING, IT'S COMBINING LOT LINES. SO IF YOU BUY TWO HOUSES SIDE BY SIDE, OR HAVE A LOT AND BUILD TWO HOUSES ON IT, THIS IS SINGLE FAMILY HOMES THAT WE'RE MAKING INTO MULTI-FAMILY. NO, THIS, THIS WOULD BE A SUBDIVIDING A SINGLE FAMILY HOME INTO LIKE A DUPLEX. AND IT WASN'T BUILT TO BE A DUPLEX. NO, I'M, I'M SORRY. WHAT? SO WHAT THIS IS, IS, IS RIGHT NOW A MULTI-FAMILY BUILDING MEANS LIKE FIVE OR MORE UNITS PUT TOGETHER IN THOSE ZONING DISTRICTS. WHAT THIS IS SAYING IS INSTEAD OF HAVING THOSE FIVE UNITS IN ONE BUILDING ON ONE LOT, YOU WOULD HAVE ONE LOT UNDER A SINGLE MANAGEMENT OWNERSHIP COMPANY. SO WHOEVER THAT COMPANY IS, OWNS THE LOT. AND THEN YOU WOULD BUILD LIKE FIVE SMALL HOMES. INSTEAD OF IT BEING IN ONE APARTMENT BUILDING WITH FIVE UNITS IN THE APARTMENT BUILDING, YOU'D HAVE FIVE SMALLER BUILDINGS, BASICALLY. SINGLE FAMILY HOMES ON ONE LOT. THAT'S CORRECT. LIKE, LIKE ON EAST WILCO. SO YES. THE SUBDIVISION HAS A WHOLE BUNCH OF LITTLE HOUSES. THAT'S CORRECT. THEY'RE EACH GONNA BE PERMITTED AND THEY'RE GONNA PAY THEIR OWN UTILITIES AND EVERYTHING. YEAH, EXACTLY. THAT'S BASICALLY, THAT'S THE HOUSES FOR RENT. THEY'RE SINGLE FAMILY HOMES ON SINGLE FAMILY HOUSE. I'M, I DIDN'T KNOW THAT THAT WASN'T ALLOWED. 'CAUSE THAT'S EVERYWHERE. SO YEAH, NO, I'M, I HAVE NO, NO FEELINGS IN THAT. I'M FINE WITH THAT. THE, THE, THE BUILDINGS ARE THE HOUSING'S GOING IN OVER THERE BY YOU AND I ACROSS THE STREET FROM THE, UH, ELEMENTARY, ELEMENTARY SCHOOL. YEAH. THOSE ARE SINGLE FAMILY HOMES, RIGHT? MM-HMM . BUT THEY'RE, THEY'RE PACKED IN THERE, SO DAMN TIGHT. I DON'T, I DON'T EVEN KNOW WHERE THEY'RE PARKING. SO IS THAT NOW CONSIDERED MULTI-FAMILY? BECAUSE IT'S ALL, SO BASICALLY INSTEAD OF BUILDING A HIGH-RISE APARTMENT BUILDING TO WHERE YOU GOT A NEIGHBOR ABOVE AND NEXT TO YOU RIGHT, RIGHT THERE. THERE'S, [02:30:01] AND BELOW YOU. YEAH. IT, THEY'RE LIKE ALMOST LIKE AN EFFICIENCY, BUT IT'S FREESTANDING. YEP. OKAY. SO YOU HAVE KIND OF SOME HOME OWNERSHIP. YOU MIGHT, YOU KNOW, SOMEONE CUTS A GRASS, I'M SURE FOR YOU 'CAUSE IT'S MM-HMM . THIS MUCH, BUT YEAH. YEAH. YOU'RE, YOU'RE SEPARATED FROM EVERYBODY. YOU KNOW, YOU MIGHT GET A LITTLE, LITTLE COOKIE CUTTER YARD AND EVERYTHING. YEP. BUT THAT'S FINE. I MEAN, I THINK THAT PROBABLY YEAH. REACH OUT, REACH OUT MY WINDOW AND SHAKE MY NEIGHBOR'S HAND TYPE THING. YEAH. AND I, I THINK THAT'S A, A TOTALLY VIABLE PRODUCT. TRUE. AND IF THEY DON'T SELL BECAUSE THEY QUIT BUILDING THEM, THEY STOP BUILDING THEM. OKAY. ALRIGHT. THAT, THAT'S, THAT'S ALL I WAS CONCERNED ABOUT. SO GIVEN THAT CLARIFICATION, I'M FINE WITH THIS. THE, THE STAFF RECOMMENDATION IN A SINGLE BUILDING. SO THE PROPOSED UDC DEFINES MULTIFAMILY AS UNITS WITHIN A SINGLE BUILDING. WE STRIKE THAT PART FROM THE UDC. IT CAN BE MULTIPLE FIVE HOUSES LOT. YOU KNOW, IT CAN LOOK LIKE, UH, I DON'T KNOW IF YOU GUYS HAVE SEEN THERE'S, I I, I DON'T KNOW WHERE IT WAS. I WAS DRIVING RECENTLY SOMEWHERE. WILLIAMSON COUNTY, TRAVIS COUNTY. I, IT COULD HAVE BEEN AS FAR AS CORPUS CHRISTI, I DON'T KNOW. THERE WAS A NEIGHBORHOOD THAT LOOKED FROM AFAR LIKE A REGULAR NEIGHBORHOOD. AND AS YOU GOT CLOSER, YOU REALIZED HOW MUCH SMALLER THE HOUSES WERE. YEP. YEAH. THEY, THEY LOOKED JUST LIKE A SCALED DOWN HOUSE. YEP. AND YOU KNOW, THEY HAD A NICE LITTLE LOT MM-HMM . YEP. AND IT ACTUALLY PRESENTED REALLY WELL. PROBABLY BETTER THAN MOST, YOU KNOW, THREE AND FOUR STORY APARTMENT PLACES. YEAH. AND, AND COME RIGHT HERE ON EAST WILCO RIGHT THERE WHERE, UH, ARGON PARK IS AT. YEAH. MM-HMM . RIGHT OFF OF 1660. AND THEN YOU MAKE A RIGHT. LIKE GOING TO THE HEB. YEP. THEY HAVE A LITTLE, A LITTLE SUBDIVISION. I HAVE SEEN THOSE THERE TOO. YEAH. AND THEY'RE SMALL LITTLE HOMES. I MEAN, THEY'RE SUPER TIGHT. YOU'RE NEXT HOUSE IS RIGHT HERE. THAT'S WHAT'S GOING ON OVER HERE BY THE ELEMENTARY SCHOOL. THAT'S FINE. I, IF YOU'RE ZONED MULTI-FAMILY, YOU SHOULDN'T HAVE PUT IN A GARDEN STYLE APARTMENT IF YOU WANT TO DO HOUSES FOR RENT. EXACTLY. AND THEY'RE SMALLER HOUSES. THAT'S ON YOU. GO FOR IT. IF THE BUYERS ARE BUYING IT. YEAH. SO, YEAH. I'M O I'M OKAY. YOU KNOW, UH, AS FAR AS THE PLANNING STAFF, UH, PIECE WHERE IT SAYS PROVO PROPOSED UDC. YEAH. WE, I THINK WE SHOULD GET RID OF THAT. IF YOU WANT TO DO MULTIPLE BUILDINGS. DO MULTIPLE BUILDINGS. YEAH. COOL. OKAY. UH, 2 0 4, 0 5 CONVENIENCE STORES AND N TWO ZONES. THIS ONE I'M OKAY WITH BECAUSE THE N TWO ZONES ARE SUPPOSED TO BE NEIGHBORHOOD ZONES. AND, UH, I DON'T KNOW IF ANYBODY SAW, REMEMBERS THE KERFUFFLE THAT STAR RANCH AND THEIR GAS STATION CREATED, BUT THERE WERE A LOT OF REALLY GOOD FACTUAL DATA POINTS BROUGHT UP ABOUT HOW GAS STATIONS IMPACT NEIGHBORHOODS OR RESIDENCES NEAR IT. THEM. YEAH. BUT THIS IS BASICALLY SAYING THAT THEY CAN GO IN THERE AND DON'T HAVE TO, DON'T HAVE TO COME THROUGH US OR I, I, I THINK THEY SHOULD HAVE TO. THAT'S WHAT I'M, THAT'S WHAT I'M SAYING. LIKE NO, THIS SHOULD REQUIRE AN SUP AT THE VERY LEAST. OH YEAH. OKAY. WE'RE ON THE SAME PAGE. YEAH. ALRIGHT. YEAH, THAT'S, THAT'S RIGHT. I WAS GONNA SAY, BECAUSE THE WAY IT READS, IT'S LIKE IF IT'S GOING INTO THE FRONT OF A NEIGHBORHOOD YEAH. THERE NEEDS TO BE SOME DESIGN REQUIREMENTS AND THINGS DISCUSSED. YEP. SO IT'S NOT A FREE FOR ALL. YEAH. YOU KNOW, LIKE THE, THE START RANCH ONE, YOU KNOW, ONE OF THE THINGS THAT WAS BROUGHT UP, IF THERE'S ANY SORT OF FUEL SPILL THAT FUEL IS GOING INTO THE POOL RIGHT ACROSS THE STREET. YEP. AND WE WERE LIKE, YEAH, THAT, THAT'S STUPID. LET'S NOT DO THAT. SO, YOU KNOW, IT'S AT THE VERY LEAST I WOULD SAY AN SUP. OKAY. I THINK WHAT WHEN, AND, AND FORGIVE ME 'CAUSE I'M STILL GETTING FAMILIAR WITH THE HU WAY, BUT I MAY HAVE, OR WE STAFF MAY HAVE READ CONVENIENCE STORES AS STANDALONE CONVENIENCE STORES. NOT, IT WAS NOT INTENDED TO BE INCLUDED WITH A GAS STATION, BUT JUST LIKE, UM, A SEVEN 11 FOR EXAMPLE, KIND OF SEVEN 11 B ALLOWED. 'CAUSE RIGHT NOW IT IS CALLED CONVENIENCE STORES. YEAH. THEY'RE ALL CONVENIENCE STORES AND C STORES. C STORES. C STORES. IF YOU WANT TO DO A LITTLE CORNER STORE, LIKE THE GENERAL STORE ON EAST, OKAY, THAT'S FINE. YEAH. BUT ANYTIME YOU HAVE GASOLINE SALES, YOU REFERENCE ANOTHER PART OF THE UDC. 'CAUSE THAT'S A SEPARATE SECTION AND OFF YOU GO. AND SO I'M SAYING, LOOK, IF WE'RE GONNA DO A CONVENIENCE STORE, 'CAUSE THAT'S WHAT A GAS STATION IS CALLED HERE, YOU KNOW, I DON'T THINK THERE'S ANYWHERE THAT JUST HAS FUELING STATION. NO, I TAKE THAT BACK RIGHT THERE ON 79 BY THE PAWN SHOP. YEAH. THAT ONE THERE. YEAH. THERE IS ONE NOW. JUST, I THINK THAT'S GONE NOW THOUGH. YEAH, IT DID. THE PUMPS OUT, BUT IT WAS JUST FUEL PUMPS. THAT'S IT. . OKAY. WELL THANK YOU'ALL FOR CLARIFYING. 'CAUSE THAT, THAT YEAH, , UM, WE WOULDN'T HAVE WANTED THAT EITHER. SO. WE'LL, WE'LL JUST KEEP THAT, THE WAY, [02:35:01] UH, COUNCIL HAS PROPOSED OR AD HOC HAS PROPOSED WITH AN SUP. YEP. RIGHT. OKAY. AT AT THE VERY LEAST, IT, I, MAYBE WE NEED TO GO STRONGER, BUT FOR NOW, I THINK AN SUP IS A GOOD, GOOD WAY TO GO. AT LEAST GETS IN FRONT OF US. HE GETS IT BACK AND FORTH OF US. UH, NEXT ONE. OKAY. THAT'S IT. SO WE'RE GONNA BOUNCE OVER TO RICK'S NOTES HERE. UH, TEN TWO OH SEVEN 0.83. THAT IS BED AND BREAKFAST ENDS ARE NOT INTENDED FOR LONG-TERM RESIDENCE. GUESTS MAY STAY NO MORE THAN 30 CONSECUTIVE DAYS AND CANNOT STAY ON THE PREMISES FOR AT LEAST 20% OF A ONE YEAR PERIOD. WE NEED TO STRIKE AT LEAST AND CHANGE THAT TO MORE THAN . READ THAT AGAIN, PLEASE. GUESTS MAY STAY NO MORE THAN 30 CONSECUTIVE DAYS AND CANNOT STAY ON THE PREMISES FOR AT LEAST 20% OF A ONE YEAR PERIOD. I AGREE. IT, WE NEED TO CHANGE THAT CANNOT STAY ON THE PREMISES FOR MORE THAN 20%. RIGHT. YEAH, I AGREE. YEAH, I AGREE. CALL IT A GRAMMATICAL ERROR, WHATEVER. THAT'S FINE. I'M SOMEONE WILL USE IT AGAINST US. EXACTLY. MM-HMM . OH, WELL I'M STAYING THERE. 300 AND, UH, YEAH. NO, 360 DAYS OUTTA 300. YEAH. YEAH. UH, LET'S SEE. DO YOU HAVE ONE? NO, I JUST HAD A THOUGHT AND IT JUST KIND OF, I'VE JUST TALKED MYSELF OUT OF IT. OKAY. UH, NEXT ONE 10 DASH OR 10.208 1.2 DATA CENTERS. OH GOD. DON'T PLEASE GO THERE. I'M GOING THERE. GO THERE. . ALL RIGHT. SO, UH, BOLE A DATA CENTER IS ABUTTING SH ONE 30, US 79. AND THE WILCO SOUTHEAST LOOP, AS DEPICTED ON THE CITY'S ADOPTED THOROUGH FLARE PLAN, ARE PERMITTED A MAXIMUM HEIGHT OF 120 FEET, REGARDLESS OF HEIGHT. DATA CENTER SHALL BE SUBJECT TO THE CRITERIA APPLICABLE TO ALL INDUSTRIAL USES IDENTIFIED BY THIS UNIFIED DEVELOPMENT CODE. I AM NOT OKAY WITH 120 FEET BY RIGHT? ME NEITHER. NOT AT ALL. NO, ME NEITHER. THAT'S 10 STORIES. 12. IF THEY DO IT RIGHT. I AM NOT OKAY WITH DATA CENTERS. YEAH. I GUESS YOU'D BE 12. I'M NOT OKAY WITH THE BIGGEST BUILDING IN HU NOPE. BEING A DATA CENTER. DATA DATA CENTER. YEAH. ME WAY. CAN I ASK WHY? HUH? CAN I ASK WHY? YEAH, BECAUSE ONE THING THAT CONSISTENTLY COMES THROUGH IN WHY PEOPLE MOVE HERE AND WHY PEOPLE STAY HERE IS THE SMALL TOWN CHARM. THERE'S NOT SKYSCRAPERS. I UNDERSTAND. ARE YOU FROM TEXAS? YEAH. I WAS BORN AND RAISED LIKE 10 MILES THAT WAY. OKAY. BUT ANYTIME YOU START DESTROYING THE SKYLINE WITH MANUFACTURE MANUFACTURED BUILDINGS, IT CHANGES THE FEEL, THE ATMOSPHERE OF THE CITY. IT ALSO CHANGE, YOU KNOW, IF WE HAVE, LET'S SAY BY RIGHT. IF WE HAVE THREE OR FOUR DATA CENTERS AT 120 FEET, WE FEEL LIKE CITY OF INDUSTRY, CALIFORNIA, AND NOT LIKE SOME NICE LITTLE PLACE WHERE YOU COME AND TAKE THE KIDS. IS THERE A DATA CENTER ANYWHERE THAT THOUGH, NOT THAT I KNOW OF. I MEAN, THAT, THAT'S A, THAT'S AN INTERESTING HEIGHT REQUIREMENT. AT THAT POINT, YOU, I FEEL LIKE IT SHOULD JUST BE WORDED THAT THERE IS NO HEIGHT REQUIREMENT. RIGHT. AND I, I'M JUST, I'M, I'M SORRY IF, IF YOU WANT 80 FEET, THEN COME ASK US FOR 80 FEET. WHAT'S YOUR ACCEPTABLE HEIGHT? 80 FEET. YOU SAID? NO, YOU JUST SAID 80 FEET. NO, COME ASK US. WE KNOW THAT NUMBER . I'M, I'M NOT SAYING WE'LL GRANT IT, BUT YOU KNOW, ORIGINALLY WE SAID 60 FEET WHEN WE LOOKED AT THIS TWO YEARS AGO. YEAH, YOU'RE RIGHT. WE SAID 60 FEET FOR DATA CENTERS AND NOW IT'S 120. WHAT ROAD REQUIREMENTS AND EVERYTHING WERE YOU STAND THERE? HMM? YOU, YOU LISTED OFF ROADS? YEAH. UHH. ONE 30. OKAY. UH, US 79. RIGHT. UH, NO. AND WILCO SELF, SO THE FIRST, I MEAN ALL OF THE ENTRANCES INTO THOSE ARE THE THREE SPOTS THAT'S CURRENTLY ALLOWED AT 120 FEET. NO, IT'S NOT CURRENTLY ALLOWED. THIS IS A PROPOSED, THERE IS NO DATA CENTER IN THE UDC RIGHT NOW. GOT IT. SO THEY'RE PROPOSING ADDING THIS, THE AD HOC COMMITTEE IS PROPOSING ADDING THIS AT 120 FEET. AND I'M LIKE, OH, COME ON. 60 WAS A BIT OF AN ARGUMENT. TWO YEARS AGO'S. WHAT? I REMEMBER THAT IT WAS 60 WAS A BIT OF AN ARGUMENT. 120. I'M LIKE, OH HELL NO. THAT, HOW, HOW TALL IS THIS ONE OUT EAST TOWN? I THINK BACK THEN THEY KEEP GETTING BIGGER. [02:40:01] I BELIEVE THAT'S 55. IS THAT 55 OUT HERE? EAST OF TOWN? I BELIEVE THAT'S 55 STILL. I THINK BACK THAT IT'S BIG. THAT THAT'S, THAT'S, THAT'S A NUMBER. THAT'S A NUMBER THAT CAME FROM SOMEWHERE. ALL I'M JUST, YOU DON'T THROW THAT NUMBER OUT THERE. THAT NUMBER CAME FROM SOMEWHERE. MM-HMM . 120 THAT CAME. YEAH. THAT HAD TO SOMEWHERE. RIGHT. WELL, BUT HE SAID 12 STORIES. TRUTHFULLY, NORMALLY YOU'RE GONNA GO 12 FOOT OF STORY, SO PROBABLY 10, 10 EVEN STILL. BUT IN A DATA CENTER, YOU, YOU CAN COMPRESS. BUT IN A DATA CENTER, NORMALLY YOU HAVE LARGER CEILINGS AND MEZZANINES. MM-HMM . YOU GOTTA HAVE ALL THAT ROOM FOR TO BUILD BIGGER CEILING. MEZZANINE FLOOR. THAT NUMBER CAME FROM SOMEWHERE. UM, YEAH. AND I DON'T KNOW HOW I FEEL ABOUT IT. I EXPERIENCE THIS WITH DATA CENTERS DO SECURITY. THIS, WHAT WOULD YOU SAY? I THINK THIS 1 45 TO 40 PROBABLY. I I THINK THIS ONE PROBABLY CLOCKS IN AROUND 40 TO 45. OKAY. IT'S AT THE PEAK. IT'S TWO HOTELS. TWO OF THE HOTELS WE DISAPPROVED IT'S 60 FOOT. YEAH. MM-HMM . TWO OF THE HOTELS. I DON'T THINK THAT I WANT TO MAKE A DECISION ON THAT. AND I JUST, 'CAUSE I, I FEEL LIKE IT, IT WOULD HAVE TO BE WRITTEN IN A WAY THAT, YOU KNOW, IF IT WERE WAY OUT IN THE MIDDLE OF NOWHERE, 120 FOOT, IF THE GROUND ELEVATION'S LOW AND YOU KNOW. RIGHT. I MEAN, THAT'S JUST A WEIRD NUMBER TO THROW OUT THERE WITHOUT A PLAN. AND I, AND I THINK, BUT YOU GOTTA UNDERSTAND WE HAVE FARMLAND. WE'RE ALMOST TOTALLY FLAT HERE. RIGHT. SO I DON'T KNOW. BUT MY, I'M, I'M KIND OF IN AGREEMENT. I THINK THAT WE SHOULD BE LOOKING AT THE DATA CENTER AS POSSIBLY BEING A MANDATORY SUP. WELL THAT'S WHAT I WAS GONNA SAY. JUST I WOULD SAY WHY IS IT NOT AN SUP ANYWAYS? RIGHT. I THINK IT IS NOW IN, IN THE INDUSTRIAL. SO IN THAT CASE COULD TELL THEM WHAT WE WANT AND DON'T WANT DURING THE PROCESS. EXACTLY. EXACTLY. OKAY. I DON'T THINK WE SHOULD PUT A HEIGHT REQUIREMENT, MINIMUM MAXIMUM, ANY OF THAT. BECAUSE YOU ASK FOR IT, YOU'RE GONNA GET IT. I MEAN YEAH. IF YOU PUT IT AT 35, THEY'RE GONNA COME AND ASK FOR 47. EXACTLY. AND PUT IT AT 47. I'M COMING TO ASK YOU FOR 52. YES. AND X ONE'S GONNA BE 65. YOU DO 120, MAN, WE'RE WE'RE GOING YEAH. 120 BY. RIGHT. THEY'RE JUST GOING TO, OH, I'M GONNA SLAP A 75 FOOT BUILDING IN HERE AND IT'S OKAY BECAUSE IT'S IN THE UDC. NO, YOU COME TALK TO US. I KEEP GOING BACK TO THE TOWERS OVER HERE AT SAMSUNG. MM-HMM . THOSE ARE WHAT, 120, 150 FOOT. BUT THEY'RE ALSO WISH ALSO ACCESSORY BUILDINGS. BUT STILL THAT THAT GIVES YOU A RELATIVELY HIGH, I GOT ALL DATA CENTER DATA CENTERS ARE SUP. RIGHT. THERE'S ONE THAT, THERE IS NO, AS AS IT STANDS RIGHT NOW TO TODAY, THE APPROVED UDC DOES NOT HAVE A DATA CENTER IN IT. RIGHT. SO DATA CENTERS ARE NOT MENTIONED IN THE EXISTING UDC. THEY'RE ONLY MENTIONED BY THE AD HOC AND BY OUR REVIEW, BECAUSE THEY FALL UNDER LI THOUGH, RIGHT? THEY, THEY GO INTO THE LI BUT DATA CENTERS ARE NOT CALLED OUT SPECIFICALLY. SO CREATING A SPECIFIC CALL OUT ON DATA CENTERS THAT GIVE THEM CARTE BLANCHE, I'M NOT OKAY WITH. YEAH. I THINK, I THINK THEY NEED TO BE SUP AND THEY COME IN FRONT OF US. WE'RE STILL WAITING ON THE STUDY. RIGHT. TO KIND OF ADD SOME OF THAT REQUIREMENTS INTO THAT LIKE SOUND AND LIGHT AND ALL THAT. WE, WE COULD WAIT ON THAT AND I THINK THAT WOULD BE A GOOD IDEA TO WAIT ON THAT. BUT WE'RE ALSO PROPOSING AMENDMENTS AND YEAH. YOU KNOW, ON THURSDAY COUNCIL IS GOING TO SAY, ALRIGHT, OUR COUNCIL, AD HOC COMMITTEE, WHOEVER IS GONNA SAY, OKAY, WE'RE GONNA GO FORWARD WITH THE AD HOC COMMITTEES, UBC AND WITHOUT ANY AMENDMENTS, LOAD IT UP AND READY TO GO. LET'S DO SUP, I MEAN I, I THINK IT SHOULD BE SUP AND GET RID OF THAT HEIGHT REQUIREMENT. OKAY. SO I DID NOT INCLUDE IT ON THE TABLE 'CAUSE THERE WERE SO MANY THINGS. BUT IN THE, IN YOUR AGENDA PACKET I DID MENTION ABOUT, AND THESE ARE, AGAIN, THESE COULD JUST BE TALKING POINTS. SO I'M GONNA KEEP THIS BRIEF SO WE CAN, I KNOW IT'S GETTING LATE, BUT I MENTIONED A NOISE STUDY. YEP. I'VE BEEN FAMILIAR WITH THIS IN OTHER CITIES I'VE WORKED IN, UM, YOU KNOW, HAVING OUTDOOR GENERATORS WITH A SOUNDPROOF WALL OR JUST INSIDE OF A BUILDING, UM, KEEPING THE MAXIMUM NOISE TO A CERTAIN POINT. UH, AND THEN I HAD SAID IF IT'S ADJACENT [02:45:01] TO RESIDENTIAL OR A MIXED USE DEVELOPMENT THAT HAS RESIDENTIAL IN, IT MAY BE CAPPING THAT AT 50 FEET WITHOUT A VARIANCE AND THEN, OR ANYTHING ABOVE THE 50 FEET, THEY DO THE HEIGHT LOOMING WHERE IT GOES, EVERY FOOT TALLER GOES BACK A FOOT, WHICH WE HAVE NOW IN SOME OF THE DISTRICTS. SO THOSE, AND THEN THE, THE LAST ONE, WHICH WOULD NOT BE IN THE ZONING ORDINANCE, BUT MAYBE SOMETHING ELSE TO AS A TALKING POINT IS JUST THE WATER USAGE. EITHER HAVING, IF NOT A CLOSED LOOP SYSTEM, JUST SOME, SOME SORT OF MODERN TECHNOLOGY THAT WOULD NOT ALLOW THEM TO DRAW DOWN ON OUR WATER TOO SIGNIFICANTLY. UH, AND AGAIN, THAT, THAT'S PROBABLY NOT GONNA BE IN A ZONING ORDINANCE, BUT IT IS SOMETHING THAT COULD BE, YOU KNOW, CROSS-REFERENCED SOMEWHERE. AND THIS, THIS DOES KIND OF FALL INTO OUR PURVIEW, BUT ME PERSONALLY, I WOULD LOOK AT DATA CENTERS AS A, UH, DIFFERENT WATER FEE SCHEDULE. WHAT DO YOU MEAN THEY PAY MORE? PAY MORE PAY MORE FROM WHAT WE HEARD OF THE GUY, THE LAST GUY IN THE LAST MEETING. YEAH. HE, HE WAS STATING THAT IT CONSUMES LESS WATER THAN A REGULAR SUBDIVISION WITH SO MANY HOUSES. AND, AND I, I'M OKAY AS LONG AS THEY KEEP DOING THAT, BUT AS THEIR TECHNOLOGY AGES AND AS IT BECOMES LESS EFFICIENT, I DON'T WANT THEM GOING FROM TWO L LUS A MONTH TO 200 L LUS A MONTH AND PAYING THE SAME RATE'S. GONNA PROBABLY BE BASED ON THE SIZE OF THEIR WATER METER. RIGHT. SO THEY'RE NOT GONNA FILL IT FROM A ONE OR TWO INCH MAIN, IT'S GONNA BE AN 8 12 16. THEY'RE WATER METERS GONNA BE SO THEY'RE GONNA PAY MORE FOR IT ANYWAYS. RIGHT. ANYBODY ELSE? AND AND THEN ON THE SOUND, IS THAT JUST DBA OR IS IT DBC AS WELL WITH LOW VIBRATION? YEP, BOTH. OKAY. UM, THE CURRENT, UH, NOISE SECTION OF, OF OUR CURRENT UDC, I THINK IT'S LIKE 60 OR 65 DBA, WHICH IS PRETTY HIGH. MM-HMM . UM, SO AGAIN, DEPENDING ON IF YOU, IF YOU HAVE THAT LOW HUM SEEMS TO BE WHAT ANNOYS A LOT OF THE PEOPLE. SO YOU COULD SAY JUST, YOU KNOW, BETWEEN REGULAR BUSINESS HOURS, NOTHING HIGHER THAN WHAT'S ALREADY ALLOWED. UM, AND THAT, THAT COULD BE ENOUGH. BUT IS IT IS LIKE OBVIOUSLY LOCATION OF WHERE IT IS AND ALL THAT MATTERS, RIGHT. BECAUSE YEAH, THERE'S ONE BUILDING NEXT TO A, A TRAIN STATION AND A HIGHWAY MM-HMM . SO DOES THAT MATTER AS FAR AS LIKE IF THEY ASK FOR A DEVIATION THERE? PROBABLY NOT. I WOULD SAY IF IT'S, IT, IT'S REALLY DEPENDS ON HOW CLOSE IT IS TO RESIDENTIAL. IF IT'S CLOSE TO, IF IT'S A BUDDING OR IF IT'S WITHIN, YOU KNOW, SO MANY FEET OF RESIDENTIAL THAT THEY DO A NOISE STUDY AND THEY MEASURE THE NOISE AT THE PROPERTY LINE WOULD BE MY RECOMMENDATION. AND THERE'S, THERE'S A LOT OF THEM ACROSS TEXAS AND OTHER CITIES HERE. AND WELL IT, IT STARTED IN VIRGINIA 'CAUSE OF LOUDOUN COUNTY AND THEY HAD A LOT OF THE, BUT AGAIN, THE TECHNOLOGY CONTINUES TO GET BETTER AND SO THE NOISE AND THE WATER USED STARTS TO COME DOWN OVER TIME. UM, BUT THOSE ARE JUST SOME, SOME IDEAS THERE IS THAT, YEAH, YOU COULD REQUIRE NOISE STUDY, YOU COULD REQUIRE OUTDOOR GENERATORS OR YOU COULD JUST SAY ALL OF THIS STUFF WILL BE LOOKED AT THROUGH AN SUP EITHER WAY. BUT RIGHT NOW THE, THE CURRENT ORDINANCES, IT WILL NOW ONLY BE ALLOWED, I BELIEVE IN THE, HE IN INDUSTRIAL, WHICH IS LIKE THE HEAVY INDUSTRIAL WITH AN SUP MM-HMM . OKAY. NOW QUESTION. IS THERE LIKE A CAP ON THESE BUILDINGS, ON THESE UH, YOU KNOW, BUILDINGS FOR LIKE WIDTHWISE OR LENGTHWISE SQUARE FEET WISE WHERE THEY'RE STARTING TO SAY NOW I WANNA GO UP NOW. OKAY. UM, THERE'S A CAP ON. IT'S ALWAYS CHEAPER TO GO UP THAN OUT. NO. SO LIKE THE THREE TO FOUR STORY HOTEL THAT THEY WANT. YEAH, SAME CONCRETE PAD. SAME ROOF. RIGHT. SO YOU ADD A FLOOR SO YOU'RE GETTING, YOU KNOW, 25 FOR MORE OCCUPANCY YEAH. FOR 10% OF THE COST. YEAH. YEP. SO IT'S ALWAYS CHEAPER TO GO UP. SO IN AN INDUSTRIAL SPACE YOU'RE GONNA HAVE MORE CONCRETE 'CAUSE YOU'RE DOING CONCRETE EACH FLOOR SO YOUR COST GOES UP. BUT IN TEXAS LAND IS SO EXPENSIVE NO MATTER WHAT NOW YOUR SMALLER FOOTPRINT, SO IT'S GONNA BE CHEAPER TO GO UP. IT'S GOTTA GO UP BECAUSE YOU COULD BUILD A BUILDING AND THE COST FOR THE BUILDING AND ALMOST OFFSET YOUR LAND COST FOR SQUARE FOOTAGE. SO IT'S GOTTA BE CHEAPER FOR MOST OF THEM TO GO UP, I WOULD THINK. MM-HMM . AND YOU KNOW, HONESTLY, ONCE THEY'RE UP, NOT MUCH WE CAN DO ABOUT IT. IT'S NOT LIKE WE CAN REPURPOSE IT INTO AN INDOOR ROLLER RINK OR SOMETHING. IF IT'S 12 STORIES, 12 STORIES. I MEAN, COULD BE A SKATE PARK. PRETTY GNARLY. SKATE PARK, SKYDIVE . IMAGINE THAT CAT PARK. I HAVEN'T HEARD THAT. LONG TIME. GNARLY . SO GNARLY. ALRIGHT. SHOWING HER AGE. YEAH. UH, YEAH. SO THAT, THAT'S WHAT I HAD ON THE, SO, SO WHAT DID WE AGREE? HAVE IT COME HERE THROUGH AS AN SUP OR CURRENTLY IT'S, UH, ON, IT'S ONLY PERMITTED [02:50:01] IN INDUSTRIAL LIGHT INDUSTRIAL OR IN THE, HE THE HEAVY INDUSTRIAL INDUSTRIAL. WE DON'T HAVE A HEAVY OKAY. RIGHT. SO WE JUST HAVE INDUSTRIAL AND LIGHT INDUSTRIAL. RIGHT. AND THE INDUSTRIAL IS STRICTLY OVER THERE AT THE MEGA SITE. SO WE MAY WANT TO LOOK AT HOW THINGS ARE ZONED ALONG SH ONE 30, US 79 AND WILCO HIGHWAY. WE MAY WANNA LOOK AT HOW THINGS ARE ZONED OR WE MAY WANNA LOOK AT CHANGING AND CALL DOING A SPECIFIC CALL OUT ON A DATA CENTER MM-HMM . LINE. BUT I THINK EITHER ONE OF THOSE IS SOMETHING WE CAN LOOK AT. AND YOU CAN MAKE THAT IN YOUR MOTION TOO AS WE CONCLUDE TONIGHT AND SAY THAT THAT BASED ON THAT I WASN'T AWARE OF THE STUDY. SO THAT'S GOOD. BUT THAT, THAT AND THE PARKING CAN COME BACK AT A FUTURE MEETING AND THAT WAY YOU'RE, YOU KNOW, DEPENDING ON WHATEVER COUNCIL DOES ON THURSDAY, BUT THEY COULD ALWAYS REVISIT THAT. THAT'S REASONABLE. YEAH. 'CAUSE I, I THINK THEY'RE GONNA GO SUP ALL DAY 'CAUSE THEY WANT TO CONTROL THAT AS MUCH AS POSSIBLE. SURE. AND AND SSUP IS FINE AS LONG AS, WELL I, I'VE GOT MY OWN, MY OWN THOUGHTS ON HOW THE SUVS AND THE DEVELOPMENT AGREEMENT THINGS KIND OF HANDCUFF SUVS. OKAY. BUT COOL. UM, YEAH. SO YOU'VE CAPTURED THE NOTES. YES, SIR. ALL RIGHT. SO RATHER THAN REHASHING ALL OF THOSE, SO YOUR MOTION WOULD BE THEN TO, UM, ACCEPT THOSE CHANGES THAT YOU ALL HAD RECOMMENDED TONIGHT. THE ONES THAT YOU DID AGREE WITH STAFF ON AND THE ONES HE AGREED WITH COUNCIL ON AND THEN DATA CENTERS AND UM, MINIMUM PARKING STALLS WOULD, COULD BE CONSIDERED. YOU WOULD NEED FURTHER TIME. SO THAT WOULDN'T GO NOW. SO COUNSEL, WE NEED A FEW HOURS. IT'S GETTING LATE. . YEAH, I WE'LL GO BACK AND FORTH FOR A WHILE PROBABLY. YEAH. YEAH. I WOULD SAY, UH, DATA CENTERS AND THE PARKING SPACES, THOSE ARE THE ONES THAT WE NEED MORE TIME ON. MM-HMM . AND THOSE WILL BE PRESENTED WITH A UPCOMING RECOMMENDATION. UH, UP UPCOMING AMENDMENT. AMENDMENT. YEAH. BECAUSE WE'RE DOING ONE AND TWO AMENDMENTS. THEN WE'RE GONNA DO THREE, CHAPTER THREE AND THEN CHAPTER FOUR AND SO ON. AND WE MAY JUST LET EVERYBODY, PUBLIC COUNCIL, STAFF, EVERYBODY KNOW, HEY LOOK, WE'RE GONNA COME BACK AND REVISIT THESE FROM CHAPTER TWO. OKAY. SO THIS WOULD COME FORWARD. UM, I NEED TO TALK TO, UM, OUR DIRECTOR. BUT THIS WOULD COME FORWARD IN NOVEMBER CORRECT. TO ANOTHER, TO A COUNCIL MEETING. CORRECT. AND SO WE DON'T KNOW WHAT THEY'RE GONNA DO ON THURSDAY, BUT THEY'RE PROBABLY GOING TO APPROVE THE AD HOC AS WRITTEN AND PER OUR JOINT MEETING IN AUGUST, WE, WE TOLD 'EM THEY AGREED WE'RE GONNA PROVIDE UPDATES, AMENDMENTS, ONE ONCE PER MONTH TYPE THING. SO THIS IS NOT OUR FIRST UPDATE. OKAY. WELL I APPRECIATE ALL YOUR TIME TONIGHT AND UH, THANK YOU. ALRIGHT, THANK YOU. GET US OUTTA HERE. ANYTHING ELSE ON THIS? NO, WE BEAT THIS ONE TO DEATH. ALL RIGHT. THEN WE HAVE ITEM NUMBER SEVEN, DEVELOPMENT SERVICES DIRECTOR REPORT, UH, NO ITEMS, UM, TONIGHT TO DISCUSS. ALRIGHT. AND THEN FINALLY ADJOURNMENT. SO WE WILL ADJOURN AT 9:54 PM NICE TO MEET YOU JEFF. NICE TO MEET YOU ALL TOO. THANK YOU. THANK YOU. YEP. GOOD TIMES. AND WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.