[00:00:02] ALL RIGHT, EVERYBODY. IT'S 6:05 WAS WAITING. WE WERE WAITING A FEW MINUTES. I'M GOING TO GO AND CALL THE MEETING TO ORDER. THIS IS THE JANUARY 17TH MEETING OF THE PLANNING AND ZONING COMMISSION. AND THE FIRST ITEM IS OUR INVOCATION. AND CLINT, COULD YOU PLEASE DO THAT FOR US? SURE. SHALL WE PRAY? HEAVENLY FATHER, WE COME TO YOU TODAY ASKING FOR YOUR GUIDANCE, YOUR WISDOM, SUPPORT AS WE BEGIN THIS MEETING. HELP US TO ENCOURAGE A MEANINGFUL DISCUSSION. ALLOWED US TO GROW CLOSER AS A GROUP AND NURTURE THE BONDS OF OUR COMMUNITY. FATHER, FILL US WITH YOUR GRACE, LORD GOD, FOR WE ASK ALL THESE THINGS IN JESUS NAME, AMEN. PLEASE STAND FOR THE PLEDGE. ALL RIGHT. OUR NEXT ITEM IS CITIZENS APPEARANCES. AND THIS IS A TIME FOR ANYBODY IN THE AUDIENCE TO COME SPEAK ON ANYTHING THAT WE DO NOT CURRENTLY HAVE LISTED FOR A PUBLIC HEARING. SO I WILL OPEN IT UP FOR ANYBODY WHO WOULD LIKE TO COME SPEAK. AND SEEING NONE. WE WILL MOVE ON TO ITEM THREE, WHICH IS OUR CONSENT AGENDA AND ALL ITEMS BELOW OR CONSIDERED ROUTINE BY THE PLANNING AND ZONING COMMISSION AND WILL BE ENACTED IN [3. Consent Agenda] ONE MOTION UNLESS SOMEBODY FROM THE COMMISSION OR THE AUDIENCE WOULD LIKE TO PULL AN ITEM. AND SEEING NONE, I WILL ENTERTAIN A MOTION ON THE CONSENT AGENDA. MOTION TO APPROVE. SO I HAVE A MOTION BY DAN AND A SECOND BY CLINT. ALL IN FAVOR, PLEASE RAISE YOUR HAND. AND MOTION PASSES UNANIMOUSLY. NEXT UP IS OUR PUBLIC HEARING ITEMS. SO THIS IS THE FIRST ITEM IS ITEM FOUR A AND AN ORDINANCE MODIFICATION FOR TEXT AMENDMENTS TO APPENDIX B, ZONING, ARTICLE ONE, BOARD OF ADJUSTMENTS AND APPENDIX [4A. Ordinance Modification for text amendments to Appendix B, Zoning, Article I, Board of Adjustments and Appendix C, Urban Design Standards, Article IV Old Town Design Standards, Old Town Design Standards Committee:] C, URBAN DESIGN STANDARDS, ARTICLE FOUR, OLD TOWN DESIGN STANDARDS AND OLD TOWN DESIGN STANDARD COMMITTEE. AMANDA. HELLO. THANK YOU. GOOD EVENING, COMMISSION. IT'S A PLEASURE TO BE BEFORE YOU. I'VE NEVER PRESENTED BEFORE THIS BODY BEFORE, A LOT OF THEM THROUGH THE STATE AND EVEN LOCALLY, BUT NOT THIS ONE. SO I FIND MYSELF IN A VERY GOOD POSITION. NOW I'LL GET EXPERIENCE. YOU ALL TAKE IT EASY ON ME SINCE THIS IS MY FIRST TIME BEFORE YOU ALL. TONIGHT, WE'RE GOING TO TALK ABOUT SOME CHANGES, PROPOSED CHANGES WHICH HAVE PASSED ON FIRST READING BY THE CITY COUNCIL CONCERNING BOARDS, COMMISSIONS AND COMMITTEES. AND I'M GOING TO START OFF WITH JUST A BRIEF EXCUSE ME OVERVIEW OF WHAT THOSE CHANGES WILL LOOK LIKE. FIRST THING THAT WE WANT TO KNOW IS THAT THE COUNCIL MADE THESE CHANGES THINKING OF CREATING GREATER ENGAGEMENT WITH THE COMMUNITY, ALLOWING MORE PEOPLE TO BE ENGAGED IN THE PROCESS AND GIVE VOLUNTEER HOURS. SO FIRST THING THEY LOOKED AT WAS THE TERM LIMITS. SO ALL TERM LIMITS ARE THREE YEARS, SO A FULL TERM IS THREE YEARS. CURRENTLY, THERE ARE TERM LIMITS THAT SAY YOU CAN ONLY SERVE THREE FULL TERMS. THE NEW CHANGE IS GOING TO GO INTO EFFECT. WE'LL CHANGE THAT TO TWO. SO YOU'RE GOING TO CHANGE THE SERVICE FROM NINE YEARS TO SIX YEARS. I WILL CAVEAT EVERYTHING I'M SAYING RIGHT NOW. THE ONLY EXCEPTIONS TO THOSE, IF YOU LOOK AT THAT, IS THE PLANNING AND ZONING COMMISSION, WHICH IS YOUR COMMISSION HERE. YOU GUYS WILL REMAIN AT THE NINE YEARS, SO YOU STILL WILL REMAIN AT THE THREE THREE YEAR TERMS AND THE YOUTH MEMBERS WILL CHANGE NOW TO ONE YEAR TERMS WITH NO TERM LIMITS. THE NUMBER OF MEMBERS WILL ALSO CHANGE. SO THROUGHOUT THEIR WHEN WE WERE STUDYING ALL OF THE BOARDS AND COMMISSIONS, EACH ONE OF THEM HAD A DIFFERENT NUMBER, ANYWHERE FROM 5 TO 7. IT VARIED, SO THEY WANTED TO KEEP THAT CONSISTENT. SO THEY'RE GOING TO DO NINE VOTING MEMBERS. SOME OF THESE BOARDS AND COMMISSIONS HAVE ALTERNATES THAT ALTERNATES DON'T NORMALLY VOTE UNLESS ONE OF THE REGULAR MEMBERS IS OUT AND THEN THEY STEP UP AND THEN THEY VOTE. SO YOU'LL SEE SOME CHANGES THERE, PARTICULARLY WHEN WE'RE TALKING ABOUT THE TWO BOARDS THAT WE'RE GOING TO TALK ABOUT TONIGHT FOR YOU ALL. THESE CHANGES REQUIRED AMENDMENTS TO THE ORDINANCE, THE CODE OF ORDINANCES SPECIFICALLY FOUND IN CHAPTER TWO OF OUR CODE OF ORDINANCES. ALL OF THEM EXCEPT FOR THE ZONING BOARD OF ADJUSTMENTS AND THE OLD TOWN STANDARD REVIEW COMMITTEE. THOSE TWO WERE FORMED AND CREATED INSIDE THE ZONING ORDINANCE. SO ANY TIME YOU MAKE CHANGES TO THE ZONING ORDINANCE, YOU'RE REQUIRED TO DO A PUBLIC HEARING AND ALSO BRING IT BEFORE THE PLANNING AND ZONING COMMISSION. SO THAT'S WHY I'M HERE BEFORE YOU ON THOSE TWO SPECIFIC BOARDS. WHEN THE COUNCIL DOES THESE, THEY'LL DO IT ON FIRST READING. THEY'LL CONSIDER THIS AFTER YOU ALL ON THE 23RD, AND THEN THEY'LL CONSIDER THE FINAL READING ON FEBRUARY 6TH. BUT ALL OF THESE CHANGES WILL NOT GO INTO EFFECT UNTIL APRIL 1ST, 2023. THAT WILL ALLOW A PROCESS OF APPOINTMENTS FOR SOME NEW VACANCIES THAT WILL COME UP AND THEY WILL FOLLOW THE THE POLICY THAT THE CITY COUNCIL HAS IN PLACE FOR [00:05:08] APPOINTMENTS TO BOARDS AND COMMISSIONS. SO LET'S TALK ABOUT THE TRANSITION, BECAUSE I KNOW THIS IS EVERYBODY'S MIND HERE ON THE TRANSITION, ALTHOUGH THIS DOESN'T AFFECT YOU ALL. BUT I WANT YOU TO UNDERSTAND FOR THE OTHER BOARDS AND COMMISSIONS ARE THE ONES THAT WE ARE TALKING ABOUT TONIGHT. SO ALL BOARD, ALL MEMBERS CURRENTLY REMAIN IN THEIR CURRENT TERM. SO IF YOU WERE IN THE FIRST YEAR OF YOUR THREE YEAR TERM, YOU'RE GOING TO STAY IN THIS FIRST. YOU'RE STILL IN THE SAME TERM. IT BECOMES EFFECTIVE THE NEXT TIME YOU'RE UP FOR REAPPOINTMENT. SO IF YOU LOOK AT THERE, THE EXAMPLE I GAVE WAS THAT YOU HAVE MEMBER A WHOSE TERM IS 2021 TO 2023. THEY REMAIN ON THE BOARD TILL 2024. MEMBER B THEIR CURRENT TERM IS THE SAME AND THEY'LL REMAIN ON 2024. SO THESE ARE TWO MEMBERS THAT ARE ON THE BOARD SERVING AND THEY'RE BOTH SERVING THE SAME TERM, WHICH A THREE TERM, THREE YEAR TERMS. WHEN EACH ONE OF THEIR APPOINTMENTS COMES UP IN 2024, MEMBER A WILL HAVE SERVED. WE'RE GOING TO SAY THIS WAS THEIR FIRST SERVICE, SO THEY'VE SERVED THREE YEARS. SO THEY ARE ELIGIBLE TO BE APPOINTED FOR ANOTHER FULL TERM. MEMBER B, HOWEVER, THIS WAS THEIR SECOND TERM, SO THEY'VE ALREADY SERVED SIX YEARS. SO WITH THIS NEW CHANGE, THEIR CAPACITY, THEIR TERM LIMIT WOULD HAVE EXPIRED. SO THEY CANNOT BE APPOINTED FOR ANOTHER FULL TERM. SO BOTH MEMBERS ARE ELIGIBLE TO BE APPOINTED TO ANOTHER BOARD COMMISSION IF THEY APPLY. SO THAT GOES THROUGHOUT ALL OF OUR BOARDS AND COMMISSIONS. SO IF YOU MEET YOUR TERM LIMIT, THAT DOESN'T MEAN YOU CAN'T SERVE. IT JUST MEANS YOU CAN'T SERVE ON THE CURRENT BOARD THAT YOU'RE SERVING ON. YOU HAVE TO SIT OFF ONE TERM AND THEN YOU CAN COME BACK, WHICH IS THREE YEARS. SO THE TRANSITION WITH PLAN AND ZONING, WHICH IS YOUR BOARD HERE, BASICALLY WHAT THIS SLIDE SAYS IS THERE'S NO CHANGES. YOU GUYS SERVE THE NINE YEARS. SO, BUT LET'S TALK ABOUT THE YOUTH MEMBER, BECAUSE EVERY BOARD IN COMMISSION HAS A YOUTH MEMBER EXCEPT FOR THE ZBA BOARD. THEY DON'T HAVE ONE. THE YOUTH MEMBER SAY THEIR CURRENT TERM IS 2021 TO 2024. THEY SERVE OUT THEIR CURRENT TERM. THERE'S NO CHANGE TO THEM. IN 2024 WHEN THEIR APPOINTMENT WAS GOING TO COME UP. NOW THEY'RE, NOW THE CHANGES WOULD TAKE EFFECT. NOW THEY CAN ONLY BE APPOINTED FOR ONE YEAR TERM. HOWEVER, THEY DON'T HAVE TERM LIMITS SO THEY CAN KEEP GOING THEIR ONE YEAR TERMS THERE. AND YOU CAN SEE MOST OF THEM REMAIN AS LONG AS THEY REMAIN ELIGIBLE BECAUSE TO BE A YOUTH MEMBER, YOU HAVE TO BE BETWEEN THE AGES OF 13 AND 17. AND I KNOW I'M GOING THROUGH THIS AT ANY POINT. IF YOU HAVE ANY QUESTIONS, WE CAN STOP FOR QUESTIONS, TOO. SO LET'S TALK ABOUT WHAT WE'RE REALLY HERE FOR TONIGHT. WHAT WE'RE GOING TO HOLD THE PUBLIC HEARING FOR AND WHAT I'M GOING TO ASK ACTION FROM THIS BOARD, FROM THE ZONING BOARD OF ADJUSTMENTS AND THE OLD TOWN. SO THE ZBA I'LL CALL THE ZONING BOARD OF ADJUSTMENT ZBA. THEY CURRENTLY HAVE FIVE MEMBERS WITH FOUR ALTERNATES, SO THEY CURRENTLY HAVE NINE MEMBERS. ALTHOUGH WHEN YOU LOOK AT IT IN THE STRICTEST FORM, THEY ONLY HAVE FIVE MEMBERS. SO WITH THIS NEW CHANGE AND WANTING TO DO NINE VOTING MEMBERS, THEN WE WOULD MAKE THE ALTERNATES FULL VOTING MEMBERS SO THERE WOULD NOT CREATE ANY NEW VACANCIES. SO THE ZBA WON'T HAVE ANY NEW VACANCIES. HOWEVER, THEY JUST HAPPEN TO HAVE TWO VACANCIES CURRENTLY. SO YOU'LL SEE US A POINT TO THE ZBA. BUT IT'S NOT BECAUSE WE CREATED A NEW VACANCY, IT'S BECAUSE CURRENTLY THEY HAVE TWO VACANCIES. OLD TOWN DESIGN STANDARD REVIEW COMMITTEE CURRENTLY HAS FIVE MEMBERS WITH TWO ALTERNATES, SO THEY HAVE SEVEN MEMBERS MAKING THE TWO ALTERNATES, VOTING MEMBERS WITH THE NINE MEMBER. NOW WE ARE CREATING TWO NEW VACANCIES, SO YOU WILL SEE SOME APPOINTMENTS TO THE OLD TOWN DESIGN STANDARD REVIEW COMMITTEE IN THE FORM OF TWO VACANCIES. AND THESE ARE BRAND NEW VACANCIES. YES, SIR. I UNDERSTAND THAT THIS IS ALL PROCEDURAL AND IT'S ALREADY IT'S GOING TO PASS AND ALL THAT. BUT MY QUESTION IS, YOU ALREADY HAVE TWO VACANCIES, 19 WITH THIS BOARD. A LOT OF PEOPLE HAVE COME IN AND THEY'LL COME TO THREE OR FOUR MEETINGS, MAYBE DECIDE, WELL, THIS ISN'T FOR ME, YOU KNOW, AND THEY THEY DON'T SHOW UP ANYMORE OR WHATEVER THE CASE MAY BE. BUT WHAT HAPPENS IF YOU DON'T? GET NINE MEMBERS FOR EACH OF THESE BOARDS. WHAT HAPPENS THEN? I MEAN, WELL, AS LONG AS WE HAVE A QUORUM OF THE MEMBERSHIP THAT WE CAN HAVE A MEETING WITH, THEN WE WILL CONTINUE ON AND WE WILL STILL PROMOTE AND TRY TO REACH OUT TO PEOPLE AND TRY TO GET PEOPLE TO SERVE ON THESE BOARDS AND COMMISSIONS. WHAT YOU WILL SEE IS AND IT'S UNFORTUNATE, BUT MEMBERS OF THE ZBA, IT'S HARD TO SUSTAIN MEMBERSHIP ON THE ZBA AND THE REASON FOR THAT IS BECAUSE THERE'S NO THERE'S NO MEETINGS, CORRECT. BUT IT'S BY NATURE OF WHAT THE ZBA FUNCTION IS, CORRECT. IT ONLY COMES UP IF SOMEBODY IS GOING TO CHALLENGE SOMETHING ELSE THAT'S HAPPENING. THEY'RE A QUASI JUDICIAL AND SO THEY HAVE A VERY IMPORTANT ROLE INSIDE EVERY CITY. [00:10:06] AND I'M SURE TONY MCCOY WOULD TELL YOU THAT IT'S THROUGHOUT THE WHOLE STATE. SOME SOME ZONING BOARDS OF ADJUSTMENTS ARE USED IN DIFFERENT WAYS, BUT HERE THEY'RE NOT. THEY'RE ONLY USED FOR HEARINGS AND DISPUTES. SO THAT'S WHY THEY'RE KIND OF LOW ON THAT. AND IT'S HARD TO KEEP SOMEBODY ON THERE AND ENGAGED. I AGREE. BUT THE OTHER VACANCIES, LIKE THE OLD TOWN DESIGN STANDARD AND ESPECIALLY THIS COMMISSION THAT YOU ALL SIT ON, I HAVE A LIST. WE HAVE A WAITING LIST THERE. THERE WERE PROBABLY MORE THAN 20 PEOPLE THAT APPLIED FOR THE PLANNING AND ZONING COMMISSION. SO JUST SO YOU KNOW, WE DO HAVE A HIGH INTEREST. IT'S JUST A VERY SPECIFIC INTEREST, RIGHT? PLANNING AND ZONING IS ONE OF THOSE HIGH, HIGH INTEREST PLACES. IT'S A GOOD QUESTION. ANYBODY ELSE? I DON'T WANT TO GET INTO THE WEEDS, BUT GO AHEAD. TALKING ABOUT TO THE FOR THE ALTERNATES. YES, SIR. YOU SERVED TWO TERMS AS AN ALTERNATE AND THEN YOU CAN'T SERVE. I MEAN, YOU CAN'T APPLY TO BE AN ACTUAL BOARD MEMBER LIKE A VOTING MEMBER, OR THERE WILL NO LONGER BE ALTERNATES. WITH THIS, WE WILL CHANGE ALL ALTERNATES TO VOTING MEMBERS. SO DO THEY GET A NEW TERM? THEY WILL BECAUSE THIS IS BECAUSE THEY HAVE NEVER BEEN A FULLY VOTING MEMBER OF A BOARD OR COMMISSION. WE WOULD START THEIR TERM AND LET'S SAY SO THAT'S A GOOD EXAMPLE. SO OLD TOWN DESIGN STANDARD REVIEW COMMITTEE WILL CREATE TWO NEW VACANCIES, CORRECT? WELL, THEIR TERMS WON'T. THEY'RE GOING TO BE JUMPING IN IN THE MIDDLE OF A TERM. AND SO THE WAY THAT OUR ORDINANCE IS READ IS IF YOU JUMP INTO A MIDDLE OF A TERM, SO YOU'RE FILLING IN FOR SOMEBODY THAT VACATED IT. SO YOU'RE FILLING IN TWO OF THE THREE YEARS WHEN THAT TERM WHEN YOU COME UP FOR REAPPOINTMENT, YOU START YOUR TERM LIMIT AT THAT TIME BECAUSE IT'S FULL TERM. SO THE SPECIFIC WORDING IN THERE ALLOWS FOR US TO CREATE THOSE CALENDAR COUNTS. THE WAY THAT WE DO THAT IS IF THEY'VE SERVED A FULL TERM. SO FILL IN AN UNEXPIRED TERM DOES NOT COUNT AGAINST YOUR TERM LIMIT. SO ALL THESE ALTERNATES WOULD BE 21 THROUGH 24 OR WHATEVER THEY WERE. CORRECT. AND THEN THEY WILL THEN THEY WILL GO ON. CORRECT? MM HMM. AND THEY WILL THEY WILL BE ALLOWED TO SERVE THEN THEIR TWO FULL TERMS AS VOTING MEMBERS. THANK YOU. THANK YOU. SO THE TRANSITION TO VOTING MEMBERS. SO WHEN THIS IS DONE, THESE ARE ALL THE BOARDS AND COMMISSIONS AND COMMITTEES THAT WILL BE AFFECTED. AFTER THAT, COUNCIL WILL FOLLOW COUNCIL POLICY NUMBER 44, THE APPOINTMENT PROCESS. IT'S THE ONE THAT THEY'VE ADOPTED THAT THEY'VE HELD TO, AND THAT'S WHAT WE WILL FOLLOW TO, TO DO THESE NEW APPOINTMENTS FOR ANY VACANCIES. SO I WANTED TO KIND OF GIVE YOU A BRIEF OUTLINE ON THIS. SO WE'RE GOING TO DO THE PUBLIC HEARING TONIGHT BEFORE THE PLANNING AND ZONING COMMISSION. AND THEN THE NEXT ONE I'LL DO IS I'LL DO ANOTHER PUBLIC HEARING IN FRONT OF THE CITY COUNCIL, AND THEN THEY WILL MOVE TO EITHER APPROVE OR DENY THE FIRST READING OF THIS ORDINANCE, AND THEN IT WILL COME UP FOR FINAL READING BEFORE THEM AT THE FEBRUARY 6TH COUNCIL MEETING. AND THEN WE WILL FOLLOW OUR PROCESS AND HOPEFULLY GET EVERYBODY LINED UP BECAUSE THIS WILL TAKE EFFECT APRIL 1ST. SO THIS GIVES US A TIME PERIOD BETWEEN FEBRUARY AND ABOUT MARCH TO GET SOMETHING DONE WHERE WE CAN GET PEOPLE APPOINTED AND ON THERE. AND THEN WE WILL BRING FORWARD TO THE COUNCIL FOR ALL OF THEIR APPOINTMENTS AND THEN THEY CAN TAKE THEIR SEAT APRIL 1ST. SO HAVING SAID ALL THAT, TONIGHT, I'M REQUESTING THAT YOU HOLD A PUBLIC HEARING AND THEN YOU CONSIDER THEIR APPROVAL OF THE ORDINANCE FOR THE TEXT AMENDMENTS TO APPENDIX B AND APPENDIX C. THANK YOU, AMANDA. THIS IS A PUBLIC HEARING, SO I WILL OPEN THE PUBLIC HEARING AT 6:18 AND ASK IF ANYBODY FROM THE AUDIENCE OR THE COMMISSION HAVE ANY THINGS THEY WOULD LIKE TO TALK ABOUT ON THIS ITEM. SEEING NONE. I WILL CLOSE THE PUBLIC HEARING AT 619. AND IF THERE AREN'T ANY QUESTIONS FROM THE COMMISSION, I WILL ENTERTAIN A MOTION. MOTION TO APPROVE AS PRESENTED. SECOND. HAVE A MOTION BY DAVID AND A SECOND BY CLINT. ALL IN FAVOR, PLEASE RAISE YOUR HAND. ITEM PASSES UNANIMOUSLY. THANK YOU. COMMISSION. THANK YOU. [4B. 2500 SW Hulen St (TOD Mixed-Use) (Case 22-131):] ALL RIGHT, OUR NEXT ITEM, THIS IS ITEM FOUR B, AND THIS IS FOR 2500 SOUTHWEST HULEN STREET. THIS IS THE TOD MIXED USE. AND WE WILL BE HOLDING A PUBLIC HEARING AND CONSIDERING AN ORDINANCE FOR A ZONING CHANGE REQUEST FROM P D PLAN DEVELOPMENT DISTRICT TO PD PLAN DEVELOPMENT DISTRICT TO ALLOW FOR A RETAIL AND SINGLE FAMILY ATTACHED RESIDENTIAL DEVELOPMENT ON 35.20 ACRES. AND THIS IS CASE 22-131. LIDON. GOOD EVENING. THANK YOU FOR THE RECORD, LIDON PIERCE, SENIOR PLANNER WITH THE CITY OF BURLESON. SO AS YOU MENTIONED, THIS IS A ZONING REQUEST FOR APPROXIMATELY 35 ACRES AT ALSBURY AND HULEN INTERSECTION. [00:15:05] ON THE SCREEN BEFORE YOU, THIS IS A GRAPHIC REPRESENTATION OF THE PROPOSED SITE PLAN. THIS IS I WILL NOTE THIS IS NOT A SITE PLAN APPROVAL. IT'S JUST ZONING. SO THE SITE PLAN IS POTENTIAL TO CHANGE ONCE WE GET PLATING AND OTHER ENGINEERING DOCUMENTS. SO THIS AREA IS DESIGNATED AS OUR TRANSIT ORIENTED DISTRICT AND IT'S COVERED BY A PRIOR PD ZONING. THE REQUEST TONIGHT IS TO EFFECTIVELY ZONE THIS PARCEL OUT OF THE TOD AND TO CREATE AN ENTIRELY NEW PLAN DEVELOPMENT ZONING DISTRICT FOR THIS PARCEL. SO WHAT I'M GOING TO KIND OF GO THROUGH I KNOW A LOT OF YOU HAVE PROBABLY SEEN THIS PROJECT IN A PREVIOUS PROPOSAL THAT DID NOT GET APPROVED, BUT I'M GOING TO KIND OF GO THROUGH THE PROPOSED ZONING, WHAT THEY COULD DO, WHAT THEY'RE ASKING TO DO, AND THEN WHAT THEY'RE ALLOWED TO DO BY. RIGHT. SO WITH THIS REQUEST, HAD THEY DEVELOPED A SITE PLAN THAT MET THE CURRENT ZONING, IT WOULD BE ADMINISTRATIVELY APPROVED BY STAFF. YOU WOULDN'T HAVE SEEN THAT. BUT SINCE THEY'RE ASKING TO DO A FEW THINGS DIFFERENT THAN THE TOD, THAT'S WHAT THEY'LL HAVE TO COME BEFORE YOU AND THEY'LL HAVE TO COME BEFORE YOU WITH SITE PLANS SHOULD THIS GET APPROVED BY COUNCIL. SO THEY'RE ASKING TO ZONE OUT OF THE TOD AND ZONED FOR GENERAL RETAIL AND SINGLE FAMILY ATTACHED. THE BIGGEST THING WITH THAT IS THEY'RE DECREASING THE MAXIMUM ALLOWED DENSITY TO 12 UNITS PER ACRE. WHAT THEY'RE PROPOSING IS NOT 12 UNITS PER ACRE, IT'S ACTUALLY LESS THAN THAT. BUT THAT'S THE CAP DENSITY IN THIS ZONING DOCUMENT. BY RIGHT NOW, THEY COULD DO UPWARDS OF 20 DWELLING UNITS PER ACRE, AND IF THEY PUT IN A PARKING STRUCTURE, YOU COULD HAVE 24 UNITS PER BUILDING. AND IT'S JUST A MATTER OF HOW MANY BUILDINGS CAN YOU GET IN THERE. YOU COULD POTENTIALLY HAVE 7 TO 800 UNITS ON THE SITE WITH THIS ZONING THAT IS NO LONGER AN OPTION. THEY'RE ZONED OUT OF THAT ENTITLEMENT. THE MULTIFAMILY AND IN CAP APARTMENTS THAT YOU'VE SEEN IN OTHER PROPOSALS WOULD NO LONGER BE PERMITTED BY RIGHT. AND THEN WE LOOKED AT LANDSCAPING. SO ANY TIME THERE'S A ZONING REQUEST, STAFF WORKS WITH THE APPLICANT, WE LOOKED AT HOW CAN WE MAKE THIS MORE ATTRACTIVE OR MORE WHAT CAN WE DO TO ENHANCE THIS FEATURE WITH THE ZONING REQUEST? THE CURRENT PD ONLY REQUIRES ONE THREE INCH CALIPER TREE PER LOT. IT'S PRETTY BARE BONES ON LANDSCAPING. SO WITH THIS NEW ZONING, THEY'RE GOING TO HAVE TO PROVIDE AN ORNAMENTAL 30 GALLON AND FOR EACH DWELLING UNIT. AND THEN A EVERY CLUSTER IS GOING TO HAVE TO HAVE A CANOPY TREE THAT'S EVERY SIX UNITS. AND THEY'RE ALSO GOING TO PROVIDE SHRUBS AND BUSHES OF FIVE GALLONS FOR EACH DWELLING UNIT. SO THAT'S AN ENHANCEMENT ON THE LANDSCAPING. WITH THIS ZONING, THEY'RE ALSO GOING TO HAVE TO PROVIDE SOME AMENITIES. SO BY RIGHT TODAY, THE ONLY AMENITY REQUIRED WITH THE CURRENT ZONING IS JUST AN OPEN CIVIC GREEN SPACE COURTYARD, IF YOU WILL. THERE'S NO OTHER SPECIFIC AMENITIES THAT THEY WOULD HAVE TO PROVIDE WITH THIS ZONING REQUEST. THEY'LL BE REQUIRED TO PROVIDE TWO DOG STATIONS, COMMUNITY POOL FOR THE DEVELOPMENT, THEIR ONE ACRE OF CONNECTED WALKWAYS, A CLUBHOUSE OF MINIMUM OF 5000 SQUARE FEET, 20% OPEN SPACE WITH 1000 SQUARE FEET OF CABANAS, TWO BARBECUE PART PITS AND A DOG PARK, MINIMUM OF 3000 SQUARE FOOT. SO WE KIND OF LOOKED AT SOME OTHER ZONING REQUESTS THAT WE'VE HAD COMING FORWARD AND PROVIDED SOME MINIMUM STANDARDS. SO YOU DON'T GET A 20 SQUARE FOOT PARK OR A MICRO DOG PARK. SO WE'VE PROVIDED THOSE PROTECTIONS IN THE DEVELOPMENT. WE ALSO HAVE SOME ANTI MONOTONY STANDARDS. SO THE CURRENT ZONING DOESN'T HAVE THAT. ESSENTIALLY THEY COULD BUILD BY RIGHT. EVERY STRUCTURE COULD LOOK 100% THE SAME WITH THE CURRENT ZONING. SO WE'VE PROVIDED THE [INAUDIBLE] STANDARD SO THAT ONE, NO MORE THAN 35% OF THE UNITS COULD BE SINGLE STORY. SO THEY HAVE TO PROVIDE A MIX OF TWO STORY AND SINGLE STORY AND THREE STORY IF THEY WANT TOWNHOMES. IS THIS TO KEEP IT FROM LOOKING LIKE A GIANT DUPLEX COMMUNITY, IF YOU WILL? IT PROVIDES MORE OF A TOWNHOME ESTHETIC. WE'VE ALSO GOT STANDARDS IN THERE FOR HOW THE EACH UNIT WILL HAVE TO LOOK DIFFERENT. SO YOU'RE NOT GOING TO DRIVE THROUGH AND JUST SEE EVERYTHING WILL LOOK THE EXACT SAME. THEY'LL HAVE TO BREAK IT UP WITH THEY'RE GOING TO HAVE REAR LOADED, THEY'RE GOING TO HAVE FRONT LOADED. THEY'LL HAVE DIFFERENT BUILDING MATERIALS, DIFFERENT IF YOU SAW IN THE ZONING ORDINANCE, THERE'S A COUPLE OF DIFFERENT STYLES, ARCHITECTURAL STYLES THAT THEY CAN CHOOSE FROM TO BREAK UP THAT MONOTONY. THAT'S NOT SOMETHING THAT WAS COVERED IN THE CURRENT ZONING. WE ALSO PROVIDED SOME GARAGE STANDARDS. SO THIS WOULD BE THE ONE THING THAT YOU COULD SAY THE APPLICANT'S ASKING FOR THAT'S NOT ALLOWED BY RIGHT CURRENTLY IS THEY'RE ASKING FOR SOME OF THE UNITS TO BE FRONT LOADED AND SOME TO BE REAR LOADED. [00:20:02] WITH THAT, STAFF ALSO WORK WITH THE APPLICANT TO MAKE SURE THE GARAGE ISN'T MORE THAN 50% OF THE FACADE. SO WHAT WE DIDN'T WANT IS YOU DRIVE THROUGH AND YOU SEE A BUNCH OF GARAGE SNOUT, NOSE TYPE GARAGE PRODUCT. SO THAT'LL KIND OF HELP WITH THE THE LOOK OF THE NEIGHBORHOOD. AND THEN THEY'RE ALSO PROVIDING DECORATIVE STREET AND PEDESTRIAN LIGHTING. THE CURRENT ZONING DOES NOT HAVE ANY LIGHTING STANDARDS, SO THOSE ARE JUST A HIGHLIGHT. THERE'S OTHER THINGS IN THE ORDINANCE, BUT THOSE ARE THE KEY THINGS THAT THIS PROPOSED ZONING IS DIFFERING FROM WHAT'S ALLOWED BY RIGHT TODAY. SO WE'VE ALSO INCLUDED PHASING. SO ONE THING THE CURRENT ZONING DOESN'T COVER PHASING. SO EFFECTIVELY YOU COULD HAVE SOMEONE COME IN AND BUILD ALL THE RESIDENTIAL UNITS. GET TO THE RETAIL FIVE YEARS FROM NOW, TEN YEARS FROM NOW, THERE'S NO PHASING. THERE'S NOTHING TO HANDCUFF THEM TO WHEN THEY HAVE TO DO THAT IN THE CURRENT ZONING. THE PROPOSED ZONING CHANGE REQUIRES THAT THEY CAN ONLY DO PHASE TWO AFTER THEY'VE DONE THE CONSTRUCTION OF THE ZONE ONE OR ZONE A ONE OR A TWO RETAIL. SO THEY'VE GOT TO PROVIDE SOME RETAIL WITH NO LESS THAN 6000 SQUARE FEET. AND THAT'S THEIR CERTIFICATE OF OCCUPANCY. SO WHAT THAT PROTECTS FROM IS ESSENTIALLY BUILDING THE TOWNHOMES AND THEN FUNDING WHENEVER BUILT ANYTHING ELSE. SO THEY CAN'T COMPLETELY BUILD OUT THE TOWNHOMES. SO THEY PROVIDE SOME OF THAT RETAIL COMPONENT. ALSO, ALL THE STREET TREES ALONG CULLEN AND AYLESBURY HAVE TO BE PLANTED PRIOR TO THE COMMENCEMENT OF PHASE TWO. SO THIS IS TO BEAUTIFY THE AREA PRIOR TO THEM PUTTING IN THE SECOND PHASE OF RESIDENTIAL. SO THESE ARE JUST SOME PROTECTIONS THAT WE INCLUDED IN THAT ZONING. AND THE APPLICANT HAS AGREED TO ALL THESE PROPOSALS. SO I WILL SAY THIS IS A ZONING ENTITLEMENT. SO A LOT OF THESE TIRE AND UTILITIES AND DRAINAGE, YOU KNOW, THEY'RE BEING LOOKED AT, BUT THEY'RE THEY'RE MORE OF A PLATTING FUNCTION. THEY HAVE IDENTIFIED THAT THEY'RE GOING TO HAVE A FIVE ACRE AREA SET ASIDE FOR A POND. AND WE'VE KIND OF THERE'S A LOT OF WORDS HERE. THE BIG KEY TAKEAWAY I TELL YOU IS THAT WHEN THE ENGINEERING REVIEWS ARE APPLIED AND REVIEWS HAPPEN, YOU KNOW, TODAY THEY'RE LOOKING AT 270 UNITS. BUT IF THOSE INTERIM REVIEWS SAY, HEY, CAN'T HAVE THAT MANY UNITS BECAUSE YOU NEED THIS MUCH ATTENTION, THEY WON'T JUST GET THE 270 UNITS AND BE ABLE TO INCREASE, YOU KNOW, DECREASE THEIR THEIR DETENTION. THEY'LL HAVE TO MEET ALL THE ENGINEERING STANDARDS AND THEY CAN'T INCREASE THE RUNOFF RATE TO ANY ADJACENT PROPERTIES. PLATTING FUNCTION, BUT I DO WANT TO COVER IT BECAUSE IT IS A LARGE ZONING REQUEST. TIA AGAIN. TIA, I KNOW ENGINEERING'S REVIEWED AND THEY'RE WORKING THROUGH COMMENTS. AGAIN, THIS IS A THIS IS MORE OF A PLATING FUNCTION, BUT IT'S IT'S BEING LOOKED AT, IT'S BEING WORKED ON. IT'S NOT JUST WAITING UNTIL AFTER THE FACT. THEY'LL HAVE TO COMPLY WITH THE TIA AND AND ENGINEERING STANDARDS ON ON ANY OF THE BUILDOUT. WE DID NOTIFY ADJACENT PROPERTY OWNERS PUBLISHED IN THE PAPER, AND I POSTED A SIGN ON THE PROPERTY. SO, YOU KNOW, STAFF'S WORKED ON THIS PROJECT FOR QUITE A WHILE NOW. LIKE I SAID, YOU'VE SEEN SOME REQUESTS. WE'VE GONE FROM, I THINK APPROXIMATELY 700, 800 DWELLING UNITS DOWN TO ABOUT 270 WITH THE NOTION WITH THE KNOWING THAT THE TOD THAT TRANSIT AREA IS NOT GOING TO COME IN TO THAT AREA. AND THIS IS A STAFF LOOKS AT THIS IS A DOWNGRADE IN THE DENSITY AND AN INCREASED AND THE AMENITIES AND THE ESTHETICS OF THE AREA BASED ON THAT REDUCTION DENSITY AND THE CONNECTED WALKWAYS AND THE ENHANCEMENTS THAT WE'VE PROVIDED IN THE PD FOR THE PROTECTION OF THE AREA. WE'RE RECOMMENDING A RECOMMENDATION OF APPROVAL FOR A ZONING ORDINANCE CHANGE REQUESTS OF CASE 22131. I KNOW THAT'S A LOT. I'M MORE THAN HAPPY TO ANSWER ANY AND ALL QUESTIONS. AND AS WELL THE APPLICANT IS HERE FOR ANY QUESTIONS THAT YOU HAVE OF THEM. THANK YOU LIDON. THIS IS A PUBLIC HEARING, AND I DO HAVE A SPEAKER CARD FOR THIS. SO IF I CALL YOUR NAME AND YOU WANT TO COME SPEAK OR IF YOU DON'T HAVE A SPEAKER CARD, JUST PLEASE COME UP TO THE PODIUM AND SAY YOUR NAME AND YOUR ADDRESS AND THEN FILL OUT A SPEAKER CARD LATER. SO THE FIRST DID I OPEN IT? OK SORRY, I'LL OPEN IT AT 6:29. AND THE FIRST CARD I HAVE IS FOR LINDA KNIGHT. THANK YOU FOR ALLOWING ME TO SPEAK. MY PROPERTY IS ON THE BACKSIDE OF THAT PROPERTY THAT'S BEING DEVELOPED. WE'VE BEEN FARMLAND AND AGRICULTURE OUT THERE FOR MOST OF THE TIME THAT I'VE OWNED THE PROPERTY. A MAJOR CONCERN IS IF ON HIS POWERPOINT, ON PAGE THREE, EVEN ON THE FARMLAND THERE THAT THEY SHOW, IT ACTUALLY SHOWS THE BACK PART OF THAT PROPERTY ON THAT TOD OR THE OTHER ONE, THAT AREA THAT'S TO THE I GUESS WOULD BE THE [00:25:05] NORTHEAST CORNER THERE THAT'S DIFFERENT COLOR THAN ALL THE OTHER. IT'S BECAUSE IT'S FLOOD LAND. EVEN THE FARMERS COULDN'T FLOOD, COULDN'T PLANT THAT AREA BECAUSE IT WAS ALL FLOODED. AND IT'S AN AREA THAT DOES GET FLOODED QUITE OFTEN WHEN WE GET HEAVY RAINS, ESPECIALLY WHEN WE GET THE RAINS LIKE WE HAD HERE RECENTLY. BUT THE PROPERTY THAT THEY SHOW OR THE HOUSES THAT THEY SHOW IN THAT AREA WOULD, IF THEY DID BUILD THAT UP OR CONSTRICT THE WATER FLOW TO THAT AREA, IT WOULD FLOOD THE PEOPLE BEHIND US, WHICH IS I AM ONE OF THEM AND MY OTHER NEIGHBORS HERE ALSO. THAT IS ONE OF OUR MAJOR CONCERNS SINCE IT COMES BACK TO YOU ALL ON THE PLANNING AND THE DEVELOPMENT AS FAR AS THE WATERWAYS AND STUFF LIKE THAT, THAT ALL THAT WHOLE AREA IN THERE IS ALL AGRICULTURE KIND OF TO THE NORTH OF THAT. AND THAT IS ONE OF OUR CONCERNS WHEN THEY START BUILDING THAT UP. INCLUDING THIS PROPERTY AND THE OTHER PROPERTIES AROUND. I KNOW Y'ALL ARE GOING TO HAVE NOT A LOT OF SAY SO BECAUSE A LOT OF THAT IS FORT WORTH ETJ AND WITH THAT FORT WORTH CAN COME IN THERE AND SAY, OH YEAH, LET'S PUT THAT. BUT THE MORE THAT GETS PUT INTO THAT FARMLAND, THE MORE WATER THAT WE HAVE TO WORRY ABOUT AND THAT'S GOING TO EVENTUALLY FLOOD US OUT IN THAT AREA. SO THAT'S ONE OF OUR MAJOR CONCERNS. OF COURSE, THE OTHER CONCERN IS SOUTHWEST HULEN STREET ON THE TRAFFIC. I KNOW Y'ALL HAD ALREADY IMPLEMENTED A BOND PACKAGE TO WIDEN ALSBURY, BUT FORT WORTH SOUTHWEST HULEN STREET, I DON'T KNOW THAT OF ANY ARRANGEMENTS TO WIDEN THAT FOR MY TWO ROAD RURAL. IT'S ALREADY GETTING PRETTY HEAVY AS IT IS BUT THE WITH THE, I'M NOT SURE THE OTHER PROPERTY THAT'S BEING DEVELOPED OUT IN THAT AREA, IT'S EVEN GETTING WORSE. SO THINGS THAT I WOULD LIKE YOU ALL TO CONSIDER WHEN THIS PROPOSAL COMES IN TO MAKE SURE THAT IT DOESN'T DO THE DAMAGE TO EXISTING PLACES THAT ARE ALREADY THERE. THANK YOU. ALL RIGHT. THANK YOU. GO AHEAD, BILL. I'VE GOT A QUESTION, A COUPLE OF QUESTIONS FOR YOU, IF YOU DON'T MIND. SORRY, MISS KNIGHT. I REMEMBER LAST TIME WHEN YOU WERE HERE, YOU WERE WORRIED. A COUPLE OF DIFFERENT THINGS. I REMEMBER YOU'RE TALKING ABOUT THE POSSIBLE FLOODING, BUT YOU'RE ALSO TALKING ABOUT SOME PLANTS THAT MIGHT BE HAZARDOUS TO YOUR HORSES. IS THAT STILL AN ISSUE? YEAH, IT'S STILL AN ISSUE. I MEAN, I'VE PULLED MY HORSES AND STUFF OFF. IN FACT, PRETTY MUCH NOT NOT THERE ANYMORE. MY SISTER'S LIVING ON THE PLACE WITHOUT THE ANIMALS THERE, BECAUSE THAT DOES CONCERN ME. BUT YOU KNOW, THEY'VE ALSO GUARANTEE ME THAT THEY WOULD BE PUTTING A FENCE BETWEEN MY PLACE AND THEIR PLACE. THAT WOULD BE SIGNIFICANT TO KEEP IT OFF. BUT I WOULD NOT WANT THE GREENERY FROM THERE, FROM THEIR PLANS TO TO CARRY OVER THAT FENCE FOR THAT PURPOSE. YEAH, I REMEMBER THAT. AND THEN HAVE THEY APPROACHED YOU AT ALL ABOUT ANY TYPE OF POSSIBLY AN EASEMENT TO DO ANY HELP YOU WITH RID SOME OF THE GROUNDWATER. TO TO DO ANY OF THE. TO GET RID OF THE GROUNDWATER. YEAH. TO HELP MAYBE DOING WORK WITH YOU ON AN EASEMENT OR SOMETHING LIKE MAYBE CORING SOME OF THAT OFF FOR BECAUSE THERE'S A CREEK THAT WASHES THROUGH. I REMEMBER ONE SIDE.. THAT THE BACKHOE BACK PART OF THAT PROPERTY THERE IS PRETTY MUCH FLOOD DOWN THERE I MEAN EVEN ON NOT EVEN HEAVY, HEAVY RAINS COMING OFF OF THAT HILL INTO THAT VALLEY. WE GET FLOODED QUITE A BIT. DOWN THERE, I HAVE A BARN DOWN THERE AND IT'S BEEN ON ALL THREE SIDES OF THE BARN. HOW DEEP HAVE YOU SEEN THE WATER IN THAT AREA? DEEP ENOUGH THAT I WOULDN'T DRIVE ANYTHING THROUGH IT. I MEAN, I'M TALKING PROBABLY THE CREEK AREA HAS BEEN AS HIGH AS PROBABLY THE ROADWAY THERE. IT'S WE HAVE A I GUESS, A FOUR FOOT CULVERT THERE BETWEEN OUR ROAD AND WHEN THAT FILLS UP, IT GOES AROUND THE CULVERT AND BACK AROUND TO THE BACK OF THAT MY PROPERTY AND THEN OVER TO THAT PROPERTY ALL INTO THAT LOW LAND IS JUST COMPLETELY, COMPLETELY ENGULFED IN WATER. HOW LONG HAVE YOU BEEN ON THAT PROPERTY? I BOUGHT IT IN 1990. AND THEN HOW MUCH DAMAGE FROM EROSION HAVE YOU SEEN UP TO THIS POINT? QUITE A BIT AS FAR AS THE YOU KNOW, WE KEEP GETTING MORE AND MORE WASHED UP EVERY TIME WE GET A RAIN THAT THE DITCH DOES GET DEEPER AND WIDER. I HAVE AN EXTRA CULVERT ON MY PLACE ALSO, AND THAT'S JUST ABOUT NON-EXISTENT. IT'LL JUST GO AROUND IT. AND THAT'S SOMETHING THAT YOU PUT IN YOURSELF. YES, SIR. IF YOU DON'T MIND ME ASKING, WHAT TYPE OF EXPENSE, WHETHER IT BE MAN HOURS OR IS IT SOMETHING THAT'S BEEN ONGOING. WE'VE HAD TO CONSTANTLY WORK AND REPAIR. MOST OF THE TIME I'VE JUST LET THE NATURE TAKE ITS PLACE IN JUST ERODE, AND THE TOPSOIL HAS PRETTY MUCH GONE. [00:30:03] I PUT A FIVE FOOT FENCE PIPE FENCE IN AND MY FIVE FOOT HIGH FENCE, YOU KNOW, FIVE OUT HERE IS NOW ABOUT THIS TALL NOW. ALL THE THE EROSION AND THE AND THE DIRT HAS COME THROUGH TO PRETTY MUCH MAKE MY FENCE ONLY ABOUT THIS TALL. AND NOTHING WILL GROW IN THERE. NOTHING'S GROWING. IT'S GROWING IN SOME PLACES, BUT SOME OF IT'S BEEN WASHED AWAY THAT IT'S JUST CLAY. THIS IS JUST WASHED ALL THE TOP SOIL OFF THE HEELS. SO IT'S GOOD DIRT. BUT AROUND THE OTHER SIDE, IT'S GONE ALL THE WAY DOWN TO THE CLAY. SO. OKAY. APPRECIATE YOUR TIME. NO, SIR. NO PROBLEM. THANK YOU. THE PUBLIC HEARING IS STILL OPEN AND I DIDN'T ASK THE DEVELOPER HAS ANYTHING THEY WOULD LIKE TO TALK ABOUT SINCE THEY ARE HERE. AND I DON'T KNOW LIDON IF THEY HAD A PRESENTATION OR ANYTHING. YEAH, YEAH, HE WILL HE WILL APOLOGIZE FOR NOT ASKING YOU TO COME UP FIRST SO YOU CAN KIND OF TALK ABOUT SOME THINGS PERFECTLY FINE. LIDON DID AN EXCELLENT JOB PRESENTING. I APPRECIATE YOUR TIME TONIGHT. I JUST WANTED TO LET YOU KNOW THAT CLINT NOLAN, OWNER KALTURA, 1845 WOODALL ROGERS FREEWAY, DALLAS, TEXAS. WE'VE GOT OUR FULL TEAM HERE. IF YOU HAVE ANY QUESTIONS FOR US WHATSOEVER, WE'RE HAPPY TO ANSWER. OKAY. THANK YOU. THE PUBLIC HEARING IS STILL OPEN AS ANYBODY ELSE FROM THE AUDIENCE LIKE TO COME SPEAK ON THIS ITEM. SEEING NONE. I'LL CLOSE THE PUBLIC HEARING AT 6:36 AND ASK THE COMMISSION IF THEY HAVE ANY QUESTIONS. I HAVE ONE FOR STAFF. I KNOW IT WAS RECOMMENDED FOR APPROVAL. DOES STAFF HAVE ANY CONCERNS THAT WERE NOT BROUGHT UP TONIGHT? SO, STAFF, WHEN WE LOOK AT THIS, HOW WE'RE LOOKING AT FROM A ZONING PERSPECTIVE, WE'RE LOOKING AT THE DENSITY, WE'RE LOOKING AT THE TOD, THE COMP PLAN. SO STAFF IS IN FULL SUPPORT OF THIS BECAUSE WE'RE LOWERING THE DENSITY. SO A LOT OF THE THE CONCERNS THAT WE'VE HEARD ARE LESSENED THAN WHAT IS ALLOWED BY RIGHT TODAY. SO WHAT SOMEONE COULD BUILD TOMORROW WITH AN APPROVED SITE PLAN, IT'S A LOT MORE INTENSE THAN THIS. SO FROM A ZONING PERSPECTIVE, DEVELOPMENT SERVICES, PLANNING STAFF, YOU KNOW, THIS IS A THIS IS ALMOST A DOWNGRADE, IF YOU WILL. IT'S DOWNGRADING TO LESS INTENSE USE. AS A LAND PLANNER. YOU KNOW, WE'RE LOOKING AT CONGESTION AND ALL THAT. THAT'S USUALLY A BENEFIT FOR US. SO THERE'S NOTHING THAT I KNOW OF THAT'S A CONCERN FROM THE PLANNING PERSPECTIVE. AGAIN, THIS IS AN ENTITLEMENT. WHEN WE GET INTO THE PLATING, WHEN WE GET INTO CIVIL REVIEW, YOU KNOW, LIKE I KIND OF MENTIONED, IF SOMETHING SHOWS AND THERE IN THOSE REVIEWS THAT THIS DEVELOPMENT CAN'T SUPPORT WHAT THEY'RE PROPOSING, THEY WON'T BE ABLE TO DO IT JUST BECAUSE THEY HAVE THIS PD. IF THE ENGINEERING REVIEWS OR THE PLATER REVIEW SO THEY CAN ONLY DO 180 UNITS, WELL GUESS WHAT? THEY CAN ONLY BUILD 180 UNITS. SO, YOU KNOW, THERE'S ALWAYS WHEN SO REVIEWS ARE FULLY SUBMITTED AND IN PROCESS SOMETHING COULD COME UP, BUT YOU'LL SEE THAT THE SITE PLAN WILL HAVE TO COME BACK BEFORE YOU BECAUSE IT'S ASSOCIATED WITH THIS ZONE CHANGE. LIDON IF I CAN JUST DOVETAIL OFF THAT, YEAH. LIDON DID A GOOD JOB OF EXPLAINING. I MEAN, THIS IS THE ZONING PHASE, THE ENTITLEMENT PHASE, NOT THE PLANNING PHASE AND THE PLANNING PHASE. THAT'S WHEN WE'LL COVER, YOU KNOW, COMPLIANCE WITH APPENDIX A OF OUR CODE OF ORDINANCES, WHICH COVERS WATER AND RETENTION AND THINGS LIKE THAT, WHETHER IT'S THE PD CURRENTLY IN PLACE OR THE PD, THE PROPOSED PD IN FRONT OF YOU TODAY, THE DEVELOPER WILL HAVE TO MEET OUR SUBDIVISION REGULATIONS. OKAY. GO AHEAD DAVID. I THINK THIS IS A SIGNIFICANT IMPROVEMENT OVER WHAT WE LAST SAW. I MEAN, THE DENSITY ESPECIALLY, I THINK THE CONCERN THAT I'D JUST PASS ON, KNOWING THAT IT'S FOR THE NEXT STAGE IS THAT STAFF BE EXTREMELY SENSITIVE TO THE WASH ISSUES, ESPECIALLY ON THAT NORTHEAST CORNER, BECAUSE IT'S GOING TO HAVE TO BE PRETTY BUILT UP TO ACCOMMODATE THAT GROUP OF TOWNHOMES OR SINGLE FAMILY UNITS, HOWEVER, WE'RE CALLING THEM NOW IN THAT NORTHEAST CORNER. AND THAT MEANS THAT THAT CREEK CAN'T SHRINK. IT'S GOING TO HAVE TO EXPAND ALONG WITH THE FIVE ACRE RETENTION POND. SO YOU KNOW, I THINK THE OTHER COMMENT I'D HAVE IS THAT THINKING IN THE HISTORY OF THE PUD BEING MIXED USE WHILE THIS HAS SOME RETAIL IN IT. IT WOULD BE GREAT IF IT HAD A LITTLE BIT MORE. BUT I UNDERSTAND WHY THEY'VE DONE WHAT THEY'VE DONE. [00:35:02] THAT'S IT. ANYBODY ELSE. I MEAN, I SUPPORT IT. WE'RE GOING WAY DOWN IN DENSITY. AND UNFORTUNATELY, ON THE LAND USE THINGS WE CAN'T TALK ABOUT THE OTHER THINGS. SO BUT I KNOW I HAVE FULL FAITH IN STAFF. AND WHEN IT GETS TO THAT POINT THAT YOU ALL WILL ADDRESS THE ISSUES THAT HAVE BEEN BROUGHT UP TONIGHT. BUT I WILL ENTERTAIN A MOTION ON THIS ITEM FOR NO OTHER QUESTIONS. I RECOMMEND APPROVAL OF CASE NUMBER 22-131. SECOND. I HAVE A MOTION BY DAN AND A SECOND BY CLINT TO APPROVE. ALL IN FAVOR, PLEASE RAISE YOUR HAND. AND MOTION PASSES UNANIMOUSLY. GOOD. ALL RIGHT. THE NEXT ITEM IS ITEM FOUR C, AND THIS IS FOR 2825 SOUTH BURLESON. [4C. 2825 S Burleson (Case 22-152):] I'M ASSUMING THAT'S BOULEVARD. YES. WE WILL BE HOLDING A PUBLIC HEARING AND CONSIDER AN ORDINANCE FOR A ZONING CHANGE REQUEST FROM A, AGRICULTURE TO C, COMMERCIAL. AND THIS IS CASE 22-152. LIDON. ALL RIGHT. GOOD EVENING AGAIN. SO THIS IS THE SITE YOU SEE, LIKE YOU MENTIONED, IT'S ABOUT A 2.66 ACRE SITE. THE APPLICANT HAS REQUESTED A CHANGE FROM THE DEFAULTED AGG ZONING TO SEE COMMERCIAL. THIS PROPERTY IS ALSO IN OUR I 35 OVERLAY, AND IT'S DESIGNATED AS EMPLOYMENT GROWTH IN THE COMP PLAN. SO THIS REQUEST, THIS YOU SEE THE CURRENT BUILDING HERE. IF YOU'VE DRIVEN DOWN THAT WAY, YOU'VE PROBABLY SEEN A FEW TIMES, I BELIEVE IT'S BEEN VACANT FOR ALMOST SEVEN YEARS. SO THEY'RE INTENDING TO USE THE CURRENT EXISTING STRUCTURE ON THE SITE FOR THEIR REQUEST OF COMMERCIAL, WHICH THE SPECIFIC USES A LABORATORY RESEARCH USE. IN YOUR PACKET, WE INCLUDED, I BELIEVE, A STATEMENT FROM THE APPLICANT AS WELL AS JUST SOME GENERAL INFORMATION IN THE MEMO. IF THEY DO ANY FUTURE EXPANSIONS AT THIS SITE SUCH AS A NEW BUILDING OR SUBSTANTIAL RENOVATIONS THAT ARE WHAT WE CONSIDER 50% OF THEIR APPRAISE VALUE OR MORE, THEY'LL HAVE TO DO PLATING SITE PLANS AND THEY'LL GO THROUGH ALL ENGINEERING AND BUILDING DEPARTMENT REVIEWS. BUT AT THIS TIME, IT'S JUST A STRAIGHT ZONING REQUEST. THEY INTEND TO USE THE SITE PRIMARILY AS YOU SEE IT TODAY. WE PLACED A SIGN. I PLACED A SIGN ON THE PROPERTY WE NOTICED IN THE NEWSPAPER AND SENT ADJACENT PROPERTY OWNERS NOTIFICATIONS. SO THIS IS FOR US, FOR STAFF. WE RECOMMENDED APPROVAL WITH THE LABORATORY RESEARCH USE BASED ON CONFORMANCE WITH OUR COMP PLAN. THE ADJACENT USES THAT ARE IN THE AREA AND THE PROXIMITY TO INTERSTATE 35. STAFF IS HERE. IF YOU HAVE ANY QUESTIONS ABOUT THE ZONING REQUEST OR THE PROPOSED USE AT THE SITE. THANK YOU LIDON. THIS IS A PUBLIC HEARING, SO I'LL OPEN IT AT 6:43. AND I DO HAVE A SPEAKER CARD FOR MR. CHRIS REED. HELLO, I'M CHRIS FREED, AND MY PROPERTY, Y'ALL GOT IT. CAN YOU BACK UP A COUPLE OF SLIDES OR GO FORWARD A COUPLE OF SLIDES. SO THAT'S MY HOME RIGHT THERE INSIDE THAT ZONE. AND I OWN THAT PROPERTY ALL THE WAY UP TO WHERE THERE'S THREE OTHER LINES. AND LET ME LOOK AT THIS PIECE WHERE IT SHOWS IT BECAUSE I CAN'T MY EYES. ALL BAD. SO I OWN PROPERTY 0613, AND YOU CAN SEE WHERE 13 COMES UP INTO THAT PROPERTY ALL THE WAY FROM FROM THE ZERO. AND OUR CONCERN IS THAT BY CHANGING THAT TO COMMERCIAL, THAT THE PEOPLE THAT LET'S SAY WHAT HE'S SAYING ARE IN THERE RIGHT NOW AND LET'S SAY THEY DON'T DO ANYTHING, THEN THEY TURN AROUND AND WANT AND THEY WANT TO SAY, YOU KNOW WHAT, WE'RE GOING TO SELL THIS PROPERTY. IT'S ALREADY COMMERCIAL AND THEY'RE GOING TO. THAT, NUMBER ONE, THEY'RE GOING TO FILL THAT WHOLE THING WITH A YARD WITH WHITE CHAD OR CALICHE CLAY OR WHATEVER THEY'RE GOING TO DO. AND OUR MAIN CONCERN IS, IS A NUISANCE THAT'S ON THAT ON OUR PROPERTY THAT WE LIVE AT. AND I WAS HERE BACK IN 2013 AND I GOT I CAN'T RECOGNIZE ANY ALL BUT I WENT THROUGH THIS WITH YOU ALL. ON THAT JUNKYARD ACROSS THE STREET AND I'VE BEEN COMING TO Y'ALL FOR TEN YEARS. PHONE CALLS, PHONE CALLS. MY WIFE'S BEEN UP HERE. WE HAVE CALLED NUMEROUSLY OVER NOISE COMPLAINTS, DUST COMPLAINTS, TONS OF COMPLAINTS ON THAT PROPERTY. AND NOT ONE PERSON FROM THE CITY, FROM ZONING WHO APPROVED ALL THIS, FROM THE CITY COUNCIL WHO APPROVED. NOT ONE PERSON HAS COME DOWN THERE AND DONE ANYTHING ABOUT ANY OF IT. WE HAD TO GO TO FEDERAL COURT. FOR NINE YEARS, WE WENT TO COURT SINCE 2013 THAT WE FILED A LAWSUIT AGAINST LKQ AND WE HAD A FEDERAL JUDGE AWARD US VICTORY THAT THEY WERE CREATING A NUISANCE AND THAT THEY STILL ARE CREATING A NUISANCE. WE'RE HERE TONIGHT TO MAKE SURE THAT THIS PROPERTY DOESN'T CREATE A NUISANCE. [00:40:03] THAT'S WHY WE'RE HERE. WE UNDERSTAND THAT PEOPLE HAVE THE RIGHT TO DO WHAT THEY WANT TO DO WITH THE PROPERTY, BUT THEY ONLY HAVE THE RIGHT TO DO AS LONG AS IT DOESN'T CREATE A NUISANCE ON SOMEBODY ELSE'S HOMESTEAD. AND WE LIVE THERE. WE'VE LIVED THERE FOR 22 YEARS. WE DON'T PLAN ON GOING ANYWHERE. AND RIGHT NOW THAT'S ZONED AGRICULTURAL. AND SO OUR ISSUE IS SOMEBODY COMES IN THERE, THEY WANT TO PUT CALICHE CLAY ON THAT GROUND. THEY WANT TO PUT LIGHTS UP IN THE AIR. THEY WANT TO, THE WEST WIND BLOWS DUST ALL OVER OUR HOUSE. WE LIVE THERE. AND YOU GOT TO THINK ABOUT THIS. IF THAT WAS YOUR HOUSE, WOULD YOU APPROVE THAT NUMBER ONE SPOT TO GO KNOWING THAT THAT COULD HAPPEN? AND THAT'S BASICALLY WHY WE'RE HERE TONIGHT, IS TO LET YOU KNOW THAT WE ARE CONCERNED BECAUSE WE LIVE THERE. AND SO THAT'S WHY WE'RE HERE. AND THAT'S PRETTY MUCH ALL I GOT RIGHT NOW. OKAY. THANK YOU, MR. REED. I DO KNOW THAT THIS THAT'S THIS. AND I TOTALLY UNDERSTAND AND APPRECIATE THOSE CONCERNS AND THAT THIS IS A IT'S A LAND USE THING. AND THEN WE DO PASS IT OR AND IT GOES TO COMMERCIAL THAT THAT THE OWNER, WHATEVER THEY DECIDE TO DO, WILL HAVE TO MEET THE CITY STANDARDS AS FAR AS IF THEY WANT TO MAKE A PARKING LOT OR SOMETHING. AND AND IF THEY WANTED TO PUT CALICHE, IT WOULD BE A WAIVER REQUEST. AND SO WE WOULD WE COULD DEFINITELY DENY THAT. I MEAN, SO I UNDERSTAND AND DON'T GET ME WRONG, I'M NOT TRYING TO COME OFF THE WRONG WAY, BUT ACROSS THE STREET AT LKQ, THERE'S 72 ACRES OF CALICHE CLAY THAT WAS APPROVED BY THE BY Y'ALL I DON'T KNOW IF IT WAS ALL BUT THE ZONING RIGHT AND THE CITY COUNCIL AND THEY THE FELLOW THAT WAS LIKE HIM I CAN'T REMEMBER BRAD THAT HE DOES HE AIN'T HERE NO MORE BRAD WHATEVER HIS NAME WAS HE SAID WELL IF IT BECOMES AN ISSUE WE WILL FORCE THEM TO PUT A SEALANT ON THAT YARD. THERE'S NO SEALANT THERE. I GOT VIDEOS FROM LAST WEEK WHERE DUST IS JUST ROCKING ACROSS THAT PLACE AND NOT ONE PERSON FROM THE CITY HAS BEEN DOWN THERE. SHE'S BEEN UP HERE AND TALK TO Y'ALL SEVERAL TIMES. NOT ONE PERSON HAS COME DOWN THERE. NOBODY CHECKS IT. THEY GO IN THERE AND THEY'VE GOT A WATER LOG THAT GOES, SURE, MAN, WE SPRAYED WATER ON IT TODAY. THAT'S ALL THEY GOT. WE HAD A FEDERAL JUDGE COME OUT TO OUR PROPERTY AND LOOK AT IT. I'M TELLING YOU RIGHT NOW, FEDERAL JUDGE SIDED WITH US THAT THEY ARE CREATING A NUISANCE AND THEY STILL ARE CREATING A NUISANCE. AND WHEN YOU SAY THAT IT HAS TO BE APPROVED BY THE CITY ON THE ON IF THEY CHANGE SOMETHING, WE'RE STILL MISSING LIKE 30 TREES THAT YOU ALL APPROVED TEN YEARS AGO. THEY'RE STILL NOT THERE STILL TO THIS DAY. AND THE TREES THAT THEY DID PLANT, HALF OF THEM ARE DEAD. I'VE COUNTED LIKE TEN TREES ON THAT LINE THAT ARE DEAD, THAT Y'ALL APPROVED THAT ZONING OR I DON'T KNOW WHO'S IN CODE ENFORCEMENT SHOULD BE OUT THERE SAYING, WHY AREN'T THESE TREES DEAD, TEN YEARS AGO. Y'ALL SAID, WELL, IT'S GOING TO TAKE 20 YEARS FOR THOSE THINGS TO GROW OR WE'RE TEN YEARS INTO IT. AND THEN TREES ARE STILL THAT BIG AND THEY'RE SUPPOSED TO BE DOUBLE STACKED ALL THE WAY DOWN THAT COUNTY ROAD TO A CERTAIN POINT, BUT NOT DOUBLE STACK AT ALL. AND NOBODY HAS BEEN DOWN THERE. Y'ALL APPROVED IT. NOBODY'S BEEN DOWN THERE TO ENFORCE IT. HEY, WHY AREN'T THESE TREES DOUBLE STACKED? WHY AREN'T WHY AREN'T THE WATERLINES FEEDING THESE TREES? ALL YOU ALL YOUR TREES ARE DEAD. SO IF ALL THESE TREES ARE DEAD, HOW COME THERE AIN'T NEW TREES PLANTED BACK IN THEIR SPOT? YOU ALL APPROVED IT. SO DID THE CITY. NOBODY'S DONE ANYTHING. AND WE TRIED TO. WE TRIED TO WORK WITH HIM. WE TRIED TO WORK WITH THE CITY, AND NOBODY WOULD GIVE US ANY. NO HELP AT ALL. SO WE WENT, GOT A LAWYER AND WE SUED THEM. WE WENT TO FEDERAL COURT AND A FEDERAL JUDGE SAID, YOU'RE IN THE WRONG, THAT THEY'RE CREATING A NUISANCE. AND STILL HE STILL SAYS TO THIS DAY THAT THEY'RE STILL CREATING A NUISANCE AND NOBODY'S STOPPING ANYTHING. SO. LIKE I SAID, IF THIS IS YOUR HOME AND YOU LIVE THERE AND YOU ARE GOING THROUGH THIS, AND DON'T GET ME WRONG, I'M NOT TRYING TO COME OFF THE WRONG WAY, BUT THERE WAS A PERSON ON THE CITY COUNCIL, NOT THE CITY COUNCIL, BUT THE ZONING. I BELIEVE THE LAST TIME THAT SAID, WELL, IT SOUNDS LIKE YOU PROBABLY NEED TO MOVE. THAT'S NOT THE ANSWER. THE ANSWER IS NOT FOR US TO MOVE. THE ANSWER IS FOR Y'ALL TO FIX THE ISSUE AND TO STOP THE STOP THE NUISANCE, ENFORCE THE LAWS THAT YOU'VE CREATED IN YOUR BOOKS OR WHATEVER YOU CALL IT. THAT'S WHAT NEEDS TO BE DONE. AND THAT'S WHY WE'RE HERE. AND DON'T GET ME WRONG. MY WIFE AND WE HAVE KIDS, TOO, THAT HAVE GROWN UP IN THIS AND HAVE DEALT WITH IT FOR TEN YEARS, TRYING TO GO TO COLLEGE AND LISTEN TO BACKUP BEEPERS ALL DAY LONG FROM LKQ ACROSS THE STREET, BANGING CAR SLAM AND BREAKING STUFF. I MEAN, ALL DAY FOR NINE YEARS OR TEN SINCE 2014 IS WHEN IT WHEN THEY STARTED MAKING THE NOISE. BUT BUT IT STARTED IN 2013 IS WHEN Y'ALL APPROVED IT. SO THAT'S WHY WE'RE HERE TONIGHT. OKAY. I, FOR ONE, APPRECIATE YOUR PASSION. YOU REMIND ME A LOT OF ME. WELL, I DON'T LIKE BEING UP HERE. I DIDN'T WANT TO COME DOWN HERE TONIGHT. I WAS NOT AROUND. I'VE BEEN AROUND HERE FOR A LONG TIME. BUT I WAS NOT INVOLVED WITH THIS CITY IN ANY CAPACITY AT THAT TIME. BUT MY NAME IS RIGHT UP HERE. IF YOU WANT TO LOOK ME UP AND GIVE ME A CALL, OR YOU CAN LEAVE YOUR NAME AND NUMBER. IF I DON'T KNOW IF THERE'S AN ISSUE WITH THE CITY, WITH ME JUST STOPPING BY AND VISITING WITH YOU. I'M A GENERAL CONTRACTOR BY PROFESSION, AND I DEAL WITH ISSUES LIKE THIS. [00:45:06] I LISTEN TO YOU. I'D LOVE FOR SOMEBODY ELSE TO COME OUT. AND WHEN WE'VE MADE PHONE CALLS, I WISH SOMEBODY WOULD COME OUT THERE AND TAKE A HAVE A LOOK, SEE, HAVE A LOOK SEE ON ANY GIVEN DAY AT THE DUST THAT'S COMING OFF THAT PROPERTY. AND TELL ME, NINE MONTHS OUT OF THE YEAR, THE BUS BROKE THE THE WIND BLOWS OUT OF SOUTH, SOUTHEAST OR SOUTH SOUTHWEST. IT COMES STRAIGHT ACROSS OUR PROPERTY. THIS PROPERTY RIGHT HERE. THE OTHER THREE MONTHS IS BLOWN OUT OF THE NORTH NORTHWEST. IT'S COMING ACROSS OUR PROPERTY THAT DIRECTION. SO EVEN THOUGH THAT ONE'S FURTHER AWAY, THIS ONE'S RIGHT ON OUR BACK DOOR. AND IN ON THAT PICTURE HE SHOWED WHILE AGO THAT PROPERTY. I HAVE A MOTHER WHO LIVES IN ARKANSAS THAT IS IN PRETTY BAD SHAPE THAT WE'RE ABOUT TO MOVE HER DOWN AND WE MIGHT BE PUTTING A LIVING QUARTERS ON THAT PROPERTY THAT'S ON THAT NUMBER ONE OR WHATEVER I SAW A WHILE AGO. AND HOW'S THAT GOING TO WORK IF SOMEBODY CREATES SOMETHING BEHIND THERE? YOU KNOW WHAT I'M SAYING? I COMPLETELY UNDERSTAND. DO YOU HAVE ANY KIND OF FARM ANIMALS? OR WE BALE HAY OFF THAT PROPERTY? AND THAT'S ANOTHER ISSUE WITH LKQ. AND I DON'T MEAN TO BE KEEP BRINGING THEM UP, BUT WE'VE TOLD Y'ALL MANY TIMES THAT THERE'S GOT TO BE SOME KIND OF A SCREENING AND THERE'S TONS AND TONS OF THEIR LKQ TAGS AND PAPER AND TRASH BLOWING ALL IN OUR COASTAL FIELDS AND WE'RE TRYING TO BALE HAY OFF OF IT AND WE'RE GETTING ALL THAT TRASH AND I'VE GOT STACKS OF IT IN MY CLOSET THAT I WAS GOING TO BRING UP HERE IN ONE DAY AND SPEAK WITH. I DON'T KNOW WHO Y'ALL CHANGED SO MANY POSITIONS THAT I DON'T KNOW WHO TO TALK TO AND SHOW THEM WHAT'S STILL GOING ON OVER THERE, THAT NOBODY'S STOPPING THEM. NOBODY'S NO ONE SAYING, HEY, MAN, YOU'RE CREATING A NUISANCE. DON'T WANT NO ONE SAYING, HEY, SOMEHOW YOU'VE GOT TO STOP THE TRASH FROM BLOWING ON THE REEDS PROPERTY. THEY'RE TRYING TO BALE HAY OVER HERE. THEY DON'T CARE BECAUSE WE AIN'T ENFORCING NOTHING, SO THEY DON'T CARE. THEY'RE GOING TO KEEP ON ROCKING AND ROLLING UNTIL SOMEONE SAYS, HEY, YOU STOP IT AND THUMPS THEM ON THE HEAD. SO ANYWAY, I SAID, I'M GOING UP HERE. I MEAN, I GUESS IT SOUNDS LIKE I AM, BUT I'M NOT UP HERE TO ARGUE AND I'M JUST WE'RE TIRED, MAN, OF TRYING TO LIVE HERE AND HAVE ALL THIS NUISANCE GOING ON ON AROUND THE CLOCK AND NO ONE'S HERE TO HELP US. AND THAT'S BASICALLY WHAT'S GOING ON RIGHT NOW. AND THEN WE GET THIS LETTER FOR THIS. AND I THOUGHT, WELL, THAT PROPERTY BACKS UP TO OUR PROPERTY. SO DEPENDING ON WHAT THEY DO ON THAT PROPERTY. AND I TOLD HER THE SAME THING. I SAID, YOU KNOW WHAT, THEY MIGHT NOT DO ANYTHING RIGHT NOW, BUT ONCE THEY CHANGE THE ZONING ON IT, THEY CAN COME BACK AT ANY TIME AND GO, HEY, WE'RE GOING TO PARKS AND STUFF BACK HERE AND WE NEED TO LOCK THIS YARD UP, MAKE SURE NOBODY STEAL STUFF OUT OF IT. WELL, GUESS WHAT THAT [INAUDIBLE] GOING TO DO? IT'S GOING TO BE BLASTING ON TOP OF MY HOUSE. WELL, THAT'S A NUISANCE. SO THIS IS THIS ETJ. SO THIS IS IN THE CITY LIMIT. SO I WOULD SAY THIS IS A DEFAULTED AG. SO THE PROPERTY OWNER IS ENTITLED TO A ZONING. THERE WAS AN INITIAL REQUEST FOR INDUSTRIAL AND STAFF DID NOT SUPPORT INDUSTRIAL. THAT'S WHY YOU'RE SEEING COMMERCIAL. IT'S A LESS INTENSE ZONING DISTRICT. ANY IMPROVEMENTS TO THE SITE OTHER THAN THEM JUST IN THE BUILDING AND DOING THINGS IN THE BUILDING REQUIRE THEM TO MEET CURRENT CITY STANDARDS, CITY CODES. YOU KNOW, THIS IS THE FIRST IN TWO YEARS I'VE HEARD OF ANYTHING AT THIS PROPERTY. SO, YOU KNOW, I'LL REACH OUT TO CODE ENFORCEMENT. I'M SURE THE DIRECTOR WILL AS WELL. BUT THIS IS ALL CITY LIMITS, THIS PROPERTY AND THE PROPERTY SURROUNDING IT. YEAH. LIGHTING AND STUFF. THERE'S IT'S LIKE TRESPASSING. THERE'S LIGHTING HEIGHT RESTRICTIONS AND STUFF LIKE THAT. THERE'S ANGLES THAT IT CAN EMIT CREEPING UNDER YOUR PROPERTY. THERE'S.. SO I WILL CORRECT I APOLOGIZE JUST TO YOU SEE THE GRAY BLOCKS. YEAH. SO THOSE AREN'T CURRENTLY IN THE CITY LIMITS. THOSE ARE PROPERTIES THAT ARE UNDER OUR DEVELOPMENT AGREEMENT. SO IF THEY DEVELOPED OR SUBDIVIDED, THEY'D BE SUBJECT TO ANNEXATION. SO THE ONES THAT ARE GREEN ARE IN THE CITY LIMITS. THOSE TWO GRAY ONES ARE IN THE ETJ. YEAH. LIKE I SAID, IF WE APPROVE IT, THEY HAVE TO PUT CONCRETE OR ASPHALT DOWN. AND SO IF THEY DO SUBSTANTIAL RENOVATIONS TO THE SITE. SO I JUST WANT TO CORRECT. SO IF THEY IF THEY MOVED INTO THE BUILDING TODAY AS IS, AND THEY JUST ARE USING THE BUILDING, THAT THEY DON'T HAVE TO NECESSARILY DO ANYTHING IF THEY IMPROVE IT. SO IF THEY GO IN AND THEY WANT TO EXPAND, THEY HAVE TO BUILD IT THE CONCRETE TO THE CITY STANDARDS. IT WOULDN'T BE CALICHE. I WAS IN THE SOUTH PACIFIC 2013. I CAN'T SPEAK TO WHAT THEY APPROVED THEN, BUT THEY'D HAVE TO MEET TODAY'S CODE. AND THEY ALSO CAN'T PARK STUFF OUT THERE THOUGH, RIGHT? THEY HAVE TO EMBARK ON AN IMPROVED SURFACE, SO THEY HAVE TO MEET ALL CITY ORDINANCES FOR ANY PROPERTIES THAT ARE IN THE COLOR. THE GRAY ONES AREN'T IN THE CITY, SO THEY'RE SUBJECT TO COUNTY STANDARDS, BUT IT'S NOT IMPROVED. THE ONE BEHIND YOU, IT'S JUST A FIELD. IT'S THEY BAIL HAY OFF OF IT. THE PROPERTY ACROSS THE STREET, DIRECTLY ACROSS THE STREET IN THE HIGHWAY, IT'S NOT COLORED. AGAIN, THAT'S ALSO ON THE ETJ. SO PART OF THESE ISSUES ARE PROPERTIES THAT AREN'T IN THE CITY LIMITS. AND OUR CODE ENFORCES THAT NECESSARILY HAVE JURISDICTION ON THOSE PROPERTIES. SO LEGALLY, YOU KNOW, I DON'T WANT TO GET INTO THAT. WE'RE HERE TO TALK ABOUT ZONING OF THIS PROPERTY, BUT THE ETJ PROPERTIES CAN BE PROBLEMATIC. I GOT SOMETHING ABOUT WHAT HE JUST SAID ABOUT THE IF THEY COME IN LATER AND WANT TO DO SOMETHING THAT THEY HAVE TO GET IT APPROVED. [00:50:07] WELL, HERE'S THE THING WITH THAT. Y'ALL DON'T CONTACT US FOR THAT BECAUSE Y'ALL HAVE GONE BASICALLY LIKE WE'VE HAD THAT DEAL WITH LKQ AND Y'ALL WENT AROUND US AND THEY APPROVED TONS OF STUFF AND NOBODY NOTIFIED US ABOUT ANYTHING. LET THEM CUT PARTS OFF OF CARS, LET THEM DO ALL KINDS OF STUFF THAT WE STOOD UP HERE AND TALKED ABOUT IT AND THEY SAID, WELL, WE'LL HAVE ANOTHER MEETING ON THAT. AND THE CITY COUNCIL REJECTED HIM AND SAID, HEY, WE'RE GOING TO HAVE TO HAVE A WE'RE GONNA HAVE TO SETTLE ALL THIS. WE'LL COME BACK AND DO IT ANOTHER TIME. NOBODY CONTACTED US A BIT ABOUT ANYTHING AND TOLD US, HEY, COME BACK UP HERE. WE'RE GOING TO WE'RE GOING TO HAVE THIS MEETING AGAIN. HEY, JUST THEY JUST DID IT. THEY DID IT WITHOUT NOTIFYING US OR ANYTHING. SO IN THAT SITUATION, THAT'S EXACTLY WHAT'S GOING TO HAPPEN. THEY'LL TURN AROUND AND JUST GO, HEY, WE WANT A CONCRETE THAT THEY'RE GOING TO GO, OH, OKAY, WELL, LET'S HAVE A MEETING ABOUT IT. BUT NOBODY'S GOING TO NOTIFY US BECAUSE YOU DON'T HAVE TO YOU DON'T HAVE TO DO THIS, I GUESS, BUT YOU WON'T HAVE TO THEN, BECAUSE IT'S ALREADY APPROVED FOR WHATEVER Y'ALL APPROVE IT FOR. AND SO MY POINT IS, IS WE WON'T KNOW. NEXT THING I KNOW, WE'LL SEE CONCRETE TRUCKS OUT THERE PUTTING WHATEVER THEY'RE DOING BECAUSE Y'ALL WON'T NOTIFY US ON IT. WE DON'T HAVE THE RIGHT TO COME UP HERE AND TALK OR TRY TO CONVINCE SOMEBODY AFTER THE FACT. IT'S APPROVED. I GUESS WHAT I'M TRYING TO SAY, BECAUSE THAT'S WHAT Y'ALL DID ACROSS THE STREET, IS WHAT I KEEP SAYING, Y'ALL. BUT THE ZONING COMMITTEE DID. AND THE CITY COUNCIL. SO LIKE I SAID, LAST THING I CAN SAY IS JUST PRETEND THAT YOUR HOUSE ARE OUT THERE AND WHAT YOU'RE GOING WHAT I'VE GONE THROUGH ACROSS THE STREET AND WHAT YOU ARE ABOUT TO DO OR THINKING ABOUT PUTTING IN RIGHT BEHIND ME AND REMEMBER MY LAND. HE BLOCKED IT OUT RIGHT THERE, BUT MY LAND GOES PAST THAT. I PAY CITY TAXES ON THAT OTHER PIECE RIGHT THERE. AND SO IT GOES UP INTO YOUR CITY LIMITS WHEN Y'ALL ANNEXED THAT YEARS AGO. AND SO THAT'S WHERE WE'RE TALKING ABOUT POSSIBLY PUTTING MY MOTHER. AND SO RIGHT THERE YOU WOULD HAVE THAT PROPERTY RIGHT BEHIND IT THAT COULD, WHATEVER THEY PLAN ON DOING, I DON'T KNOW. BUT. SO ANYWAY, I APPRECIATE YOUR TIME. AND LIKE I SAID, I'D LOVE FOR ONE OF YOUR TO COME DOWN ONE DAY AND TAKE A LOOK AROUND. AND IT WOULD REALLY IT WOULD REALLY GIVE THE MAYOR, THE LAST MAYOR SAID THAT GOOD NEIGHBORS MAKE GOOD WHATEVER IT IS. WELL, WE WOULD LIKE SOMEBODY TO COME DOWN HERE AND TALK TO US. SO WE'D FEEL A LOT AT EASE WITH SOMEBODY FROM THE CITY ACTUALLY HELPING US. SO. BUT THAT'S ALL I GOT. THANK YOU. THANK YOU. ANYBODY ELSE FROM THE AUDIENCE. PUBLIC HEARINGS STILL OPEN. SEEING NONE. I'M GOING TO CLOSE THE PUBLIC HEARING AT 6:57. ASK THE COMMISSION IF THEY HAVE ANY QUESTIONS. ALL RIGHT. IF NOT, I WILL ENTERTAIN A MOTION ON THIS ITEM. GUESS BEFORE SAY ANYTHING IS I MEAN, IT DOES MEET THE COMP PLAN. YES. THIS REQUEST IS IN ACCORDANCE WITH THE COMP PLAN. IT'S ALSO THE LEAST INTENSE ZONING THAT WE HAVE AVAILABLE FOR THIS AREA WITH THE BUILDING THAT'S ON SITE. SO THEY'RE PLANNING TO USE THE CURRENT EXISTING BUILDING. IT MATCHES THE CURRENT USE OR WHAT IT WAS. RIGHT. AND THEY WANTED AN INDUSTRIAL AND YOU ALL SAID NO. SO INITIALLY WHEN AN INDUSTRIAL WE RESEARCHED WHAT THEY'RE DOING AND THEY'RE JUST GOING TO USE THE EXISTING BUILDING. THERE'S A USE UNDER COMMERCIAL. I WOULD TELL YOU THIS IS IN THE I 35 OVERLAY. SO THERE'S USES THAT ARE COMMERCIAL AND INDUSTRIAL USES THAT THEY ALREADY HAVE PERMITTED TO DO BY RIGHT. THE ONE SPECIFIC USE THAT THEY'RE ASKING TO DO ISN'T COVERED BY THE I 35 OVERLAY. THAT'S WHY WE NEED THE ZONE CHANGE TO INCLUDE THAT USE. BUT THERE ARE SEVERAL COMMERCIAL INDUSTRIAL USES THAT THEY COULD DO ON THE PROPERTY IN TO DAY WITH THE ZONING BECAUSE IT'S IN THE I35 OVERLAY. THIS ZONING REQUEST IS JUST SO THEY CAN GET THAT LABORATORY RESEARCH USE WHICH ISN'T ADDRESSED IN THE I35 OVERLAY. THIS IS JUST A WILD GUESS. CAN WE RECOMMEND APPROVAL FOR SECTION FOUR AND SECTION ONE REMAIN AS AGRICULTURE? SO THAT'S. YEAH. SO THE APPLICANT IS REQUESTED. HE OWNS BOTH PIECES OF LAND. SO HE'S REQUESTED FOR THE LAND HE OWNS. YOU KNOW, I DON'T. YOU CAN MAKE ANY, YOU KNOW, IT'S A BOARD CAN MAKE A RECOMMENDATION THAT THEY WOULD FEEL COMFORTABLE WITH THAT. I WOULD. I MEAN, I WOULD. THE AG CLASSIFICATION IS DEFAULT. IT'S NEVER BEEN ZONED AG. THAT'S THE CLASSIFICATION THE PROPERTY RECEIVES UPON ANNEXATION. THAT IS WHAT WE ASSIGN IT. BUT IT'S NEVER BEEN ASSIGNED AG BECAUSE IT DOESN'T MATCH WITH THE COMP PLAN, RIGHT. AND THE ONLY OTHER ONE WE REALLY COULD DO WOULD BE A SITE PLAN ZONING, WHICH WOULDN'T WORK FOR. YEAH. STAFF'S NO LONGER USING THE SITE PLAN. ZONING BECAUSE IT COULD BE CONSTRUED AS SPOT. [00:55:04] I MEAN, THIS CONFORMS WITH THE COMP PLAN. IT'S LESS INTENSE AND INDUSTRIAL. AND I WOULD SAY EVEN IF YOU ZONED THE PART COMMERCIAL LEFT THE BACK AG, WHICH IS IN ACCORDANCE WITH THE COMP PLAN, THEY COULD STILL GO IN THERE TODAY WITHOUT A ZONING CHANGE AND PUT A PARKING LOT BY RIGHT. THEY COULD GO IN THERE AND DO SOME INDUSTRIAL. SO I JUST WANT THERE TO BE TRANSPARENCY THAT IN THAT I35 OVERLAY THERE'S USES THAT THEY'RE ALLOWED REGARDLESS IF THEY'RE ZONED AG OR COMMERCIAL. SO THIS APPLICANT MAY GO AWAY, BUT A DIFFERENT APPLICANT MAY COME IN AND MAY MEET ONE OF THOSE I 35 USES AND THEY DON'T EVEN HAVE TO REZONE BECAUSE IT'S IN THAT OVERLAY PARKING LOT. SO THEY COULD DO A PARKING LOT REGARDLESS OF BEING ZONED AG. SO THE THE HESITANCY OF NOT ZONING IT BASED ON THAT, YOU KNOW LIKE. CITY ATTORNEY MENTIONED IS DEFAULT ZONING. SO THEY ARE ENTITLED TO SOME SORT OF ZONING ON THE PROPERTY. DOES THIS OFFER THE PROPERTY OWNER ANY PROTECTION? SO THE CODE OF ORDINANCES OFFERS PROPERTY OWNERS PROTECTION AS FAR AS OUR CODE OF ORDINANCES AND WHAT'S REQUIRED IN THE STANDARD. SO WHEN IT GETS REZONED, IF THEY GO TO EXPAND, THEY'LL HAVE TO DO A SITE PLAN, THEY'LL HAVE TO MEET ALL CITY CODES FOR THAT. THAT'S THE ONLY PROTECTION. THAT'S ALL I CAN GIVE ANYBODY. IT MEETS THE COMP PLAN. THE COMP PLAN IS REALLY A PROTECTION, SO WE DON'T PUT A USE THAT'S NOT APPROPRIATE IN THAT AREA. IN THIS CASE, COMMERCIAL AND EVEN INDUSTRIAL OR APPROPRIATE USES IN THIS AREA. THE PROTECTION WE PROVIDE IS WE'VE RECOMMENDING COMMERCIAL, NOT INDUSTRIAL. IT'S THE LEAST INTENSE ON THIS PROPERTY. THAT'S THE PROTECTION. RIGHT. BUT CURRENTLY RIGHT NOW THEY COULD COME IN AND THEY WOULDN'T HAVE THEY WOULDN'T FALL UNDERNEATH THE ORDINANCE RESTRICTIONS? THEY'RE IN THE CITY LIMITS, SO THEY FALL UNDER CITY ORDINANCES RIGHT NOW. SO THIS PROPERTY, REGARDLESS OF THE ZONING, HAPPENS TODAY OR NOT, IF THIS APPLICANT GOES AWAY AND A DIFFERENT OWNER BUYS A PROPERTY AND ONE OF THE USES FOR THAT OVERLAY, THEY STILL HAVE TO MEET ALL CITY ORDINANCES AS THEY WOULD WHETHER IT WAS ZONED COMMERCIAL AG IN ANYTHING. SO WHAT WE CAN'T ENFORCE IS THE PROPERTIES THAT ARE OUTSIDE THE CITY LIMITS. OUR CODE ENFORCEMENT DOESN'T HAVE ANY JURISDICTION OVER THOSE PROPERTIES. SO JUST TO BE CLEAR, CODE ENFORCEMENT CAN'T GO OUT AND CITE AN ETJ PROPERTY. IT'S ONLY CITY'S PROPERTIES IN THE CITY LIMITS, WHICH THIS IS ONE OF THOSE PROPERTIES. I MEAN, I UNDERSTAND IT'S A TRICKY, TRICKY SITUATION BECAUSE WE OBVIOUSLY CAN'T CONTROL AND IT'S REALLY UNFORTUNATE TO HEAR WHAT'S HAPPENING ON ANOTHER PIECE OF PROPERTY. BUT I DON'T WANT TO LET THAT DICTATE WHAT MAY OR MAY NOT HAPPEN ON THIS PIECE OF PROPERTY. THAT'S BEEN VACANT FOR SEVEN YEARS AND IT MEETS THE COMP PLAN AND ALL THAT. AND SO I WOULD BE IN FAVOR OF ZONING AT COMMERCIAL BECAUSE IT'S IT'S A LESS RESTRICTIVE USE THAN WHAT THE PERSON WANTED THAN WANTING THE INDUSTRIAL. AND YOU SAID THERE'S THERE'S ALREADY USES BY RIGHT IN AG IN THE OVER IN THE OVERLAY. THAT'S CORRECT. SO THE OVERLAY ALLOWS USES BY RIGHT. REGARDLESS OF THE BASE ZONING. SO THIS JUST ISN'T ONE OF THOSE USES. THIS IS A USE THAT'S IDENTIFIED IN COMMERCIAL BUT NOT IN THE I35 OVERLAY. SO THAT'S WHY THEY NEED THE ZONE CHANGE. AND THEN I WOULD HOPE THAT THAT THE CONCERNS THAT WERE BROUGHT UP TONIGHT, IF SOMEBODY'S LISTENING WOULD AT LEAST GO TAKE A LOOK ON THE OTHER AND IF IT IS IN THE CITY LIMITS. SO I WOULD ENCOURAGE ANYBODY IN THE AUDIENCE OR LISTENING ADJACENT PROPERTY OWNERS IN THE PACKAGE POSTED ONLINE. THERE IS A PERSONAL NARRATIVE STATEMENT PROVIDED BY THE PROPERTY OWNER ADDRESSING WHAT THEY INTEND TO DO. YOU KNOW, BURLESON RESIDENT SO, YOU KNOW, THERE'S ALWAYS GOOD NEIGHBORS CONTACT EACH OTHER DEFINITELY TO AND CITY STAFF BY ALL MEANS. YOU KNOW, THIS IS, LIKE I SAID, THE FIRST TIME I'VE HEARD ABOUT OTHER PROPERTIES. WE'RE NOT HERE NECESSARILY FOR THAT, BUT I'LL TAKE THAT BACK TO CODE AND WE'LL MAKE SURE THEY'RE AWARE OF IT. IT SOUNDS LIKE THEY SHOULD BE, BUT STAFF WILL, YOU KNOW, TAKE THAT. I MEAN, IT'S DEFINITELY CONSISTENT BECAUSE YOU CAN SEE THAT COMMERCIAL IS STARTING TO COME UP THE SIDES. SO LIKE I SAID, I'M FOR IT, BUT I DON'T MAKE THE MOTIONS. SO AND I AGREE WITH ADAM. I MEAN, WE HAVE TO START SOMEWHERE. I DO SEE IT BEING EVEN THOUGH IT IS A STEP, IT'S LESS OF A STEP THAN IT COULD BE. AND I HOPE THAT YOU GET A LITTLE SATISFACTION ON THIS. I MEAN, YOU'LL HAVE EYES ON IT AT ANY POINT IN TIME. REACH OUT. VIDEO. ANYTHING LIKE THAT THAT YOU NEED TO BRING US. BUT AND IT'S A TOUGH ONE. I MEAN, I FEEL FOR YOU AND I HEAR STUFF FROM HOMEOWNERS, ALL KIND OF PROBLEMS. AND IT'S JUST ONE OF THOSE THINGS YOU HAVE TO HAVE A STARTING POINT AND BE ABLE TO DOCUMENT FROM THERE MOVING FORWARD AS LONG AS IT DOESN'T CREATE A NUISANCE, WHICH NOTHING I CAN DO ABOUT IT. THE LAW STATES THAT YOU CANNOT CREATE A NUISANCE. SO ONCE IT BECOMES A NUISANCE, THEN A LAWSUIT IS GOING TO BE FILED IS WHAT'S GOING TO HAPPEN. YEAH. GOTCHA. AND WE'LL DO IT AGAIN. [01:00:02] YEAH. I CHOSE TO BECOME PART OF THIS BECAUSE I HAVE TRUST AND FAITH IN THE CITY STAFF AND STUFF. I CAN SOMETIMES I ASK HARD QUESTIONS BEHIND THE DOORS, YOU KNOW, BUT I BELIEVE IN THEM AND I'VE SEEN THEM. THEY DO A GOOD JOB. WE'RE HERE TONIGHT JUST TO HOPEFULLY PUT SOMETHING IN YOUR HEART AND SOUL TO SAY, HEY, LET'S DO WHAT'S RIGHT. AND IF IT IS IF I DO DO IT COMMERCIAL, THAT'S FINE. AS LONG AS Y'ALL PROTECT US FROM FROM THE NUISANCE, YOU KNOW, WE DON'T NEED WE DON'T NEED BACK OF BULLDOZERS BACK THERE AND MIDDLE OF THE NIGHT DROPPING AND THROWING PIPE DOWN BECAUSE SOMEBODY ELSE BOUGHT IT BECAUSE THIS GUY SOLD THE PLACE. AND THEN Y'ALL SEEN REALLY I MEAN, IT'S IT'S THE OVERLAY SO IT CAN BE DONE. I MEAN, THAT'S THAT'S NOT HOW IT WORKS. I MEAN, WE'RE GOING. HOLD ON. I'VE NEVER HEARD OF THAT. RIGHT. AND DO WHATEVER YOU WANT ON AGRICULTURAL LAND, CHRIS. I'VE GOT I'VE GOT THE PUBLIC HEARING CLOSED, SO WE PROBABLY OUGHT TO, UNLESS I NEED TO REOPEN IT. BUT I THINK I THINK WE'RE HOPEFULLY LET'S GET A MOTION ON THIS. I MAKE A MOTION TO APPROVE CASE NUMBER. I SECOND. OKAY. I GOT A I'VE GOT A MOTION BY DAN AND A SECOND BY BILL TO APPROVE ALL IN FAVOR, PLEASE RAISE YOUR HAND AND MOTION PASSES UNANIMOUSLY. I THINK THAT WORKED. ALL RIGHT, OUR LAST ITEM OR NEXT ITEM IS ITEM FOUR D, THIS IS FOUR 4139 SOUTH BURLESON BOULEVARD. [4D. 4139 S Burleson Blvd (Case 22-139):] WE WILL BE HOLDING A PUBLIC HEARING AND CONSIDERING A RESOLUTION APPROVING A WAIVER TO SECTION 5.5. E, PARKING LOT SITE LAYOUT DESIGN CRITERIA OF THE DESIGN STANDARDS MANUAL AS AMENDED BY RESOLUTION R-1175-10 FOR A PARKING LOT DESIGN WITHIN 4139 SOUTH BURLESON BOULEVARD. THIS IS CASE 22-139 IN TRAVIS. GOOD EVENING, COMMISSION, COMMISSIONERS. JUST TRYING TO FIND THE PRESENTATION REAL QUICK. OK GETS THE PRESENTATION AS A PDF, BUT THAT'S ALL RIGHT. ALL RIGHT. SO BEFORE YOU TONIGHT IS A IS A WAIVER REQUEST FOR PARKING LOT STANDARDS AT 4139 SOUTH BURLESON BOULEVARD. IT'S A 4.13 ACRE TRACT. THE WAIVER THAT THEY'RE SEEKING IS THE PARKING LOT SITE LAYOUT DESIGN CRITERIA OF THE DESIGN STANDARDS MANUAL. BACKGROUND ON THIS. THE CITY OF COUNCIL APPROVED THE RESOLUTION AMENDING THE DESIGN STANDARDS MANUAL IN 2010 TO INCLUDE PARKING LOT PAVEMENT STANDARDS. THOSE STANDARDS ARE EITHER SIX INCH OF ASPHALT CONCRETE ON SIX INCHES OF LIME OR CEMENT STABILIZED SOIL, OR ALTERNATIVELY FIVE INCHES OF REINFORCED CEMENT CONCRETE ON SIX INCHES OF LIME OR CEMENT STABILIZED SOIL. THE PROPERTY OWNER WAS INFORMED THAT THE CURRENT PARKING LOT MATERIAL DID NOT MEET THE CURRENT STANDARDS. THEY SUBMITTED THEIR WAIVER REQUEST AND PROVIDED A GEOTECHNICAL REPORT SIGNED AND SEALED BY AN ENGINEER SHOWING THAT THE 12 INCH, 12 INCHES OF FLEX BASED MATERIAL WILL SUPPORT A FIRE TRUCK OF 80,000 POUNDS WHICH IS A REQUIREMENT FOR DEVELOPMENT. THE GEOTECH REPORT WAS REVIEWED BY DEVELOPMENT ENGINEERING AND ALSO BY THE FIRE DEPARTMENT BY THE FIRE MARSHAL. FLEX BASE CONSISTS OF CRUSHED CONCRETE, LIMESTONE, RECYCLED ASPHALT, ITS BASE FOR TEMPORARY ROADWAYS, ROADWAYS AND PARKING LOTS. THE PUBLIC NOTICE WAS MAILED OUT TO PEOPLE WITHIN 200 FEET OF THE SUBJECT PROPERTY AND PUBLISHED IN THE NEWSPAPER AND RECEIVED NO STAFF, RECEIVED NO INQUIRIES FOR CONCERNING THIS REQUEST. OK STAFF RECOMMENDS APPROVAL OF THE WAIVER TO SECTION 5.5. E PARKING LOT SITE LAYOUT DESIGN CRITERIA OF THE DESIGN STANDARDS MANUAL AS AMENDED BY RESOLUTION R 11 1175-TEN FOR THE PARKING LOT LOCATED AT 4139 SOUTH BURLESON BOULEVARD, WITH THE FOLLOWING CONDITIONS THAT THEY PROVIDE A SITE PLAN DEMONSTRATING THE REQUIRED NUMBER OF PARKING STALLS FOR THE PROPOSED USE AT THE TIME OF ISSUANCE OF A CO. AND IS THAT IT, MICHELLE BECAUSE I THOUGHT THERE WAS OTHER JUST THAT ONE BULLET. OKAY. THANK YOU. AND WITH THAT, I WILL CONCLUDE THE PRESENTATION. OKAY. THANK YOU, TRAVIS. THIS IS A PUBLIC HEARING. I WILL OPEN IT AT 7:09 AND ASK IF ANYBODY FROM THE AUDIENCE HAS ANYTHING THEY LIKE TO SAY. SEEING NONE, I WILL CLOSE IT AT 7:09 AND ASK THE COMMISSION. IT'S MY QUESTION, TRAVIS SO YOU ALL DID REVIEW THE ENGINEER'S REPORT AND YES, THINGS ARE GOOD WITH IT. AND THE FIRE MARSHAL DID AS WELL. FIRE MARSHAL DID.. GOOD DEAL. WERE THE DEFICIENCIES IN THE PARKING LOT, WERE THEY PRETTY MUCH CONSISTENT ALL THE WAY ACROSS? [01:05:01] [INAUDIBLE] WAS ANY OF IT UP TO STANDARD? THEY DID TWO BORINGS, ONE IN THE FRONT AND ONE IN THE BACK WHERE FIRE DEPARTMENT WOULD ACCESS. THAT'S REALLY THE MAIN CONCERN WAS THE FIRE DEPARTMENT ACCESS. AND BOTH BORINGS SHOW THAT THERE WAS SUFFICIENT STRENGTH IN THAT SECTION. OKAY. SO MAKE SURE I UNDERSTAND THIS CORRECTLY. THE WAIVER IS TO GO FROM THE SIX INCH HOT MIX AND THE FIVE INCH REINFORCED PORTLAND CEMENT TO FLEX SPACE? TO KEEP THE EXISTING FLEX SPACE. SO THEY'VE ALREADY GONE THROUGH ZONING AND NOW THEY'RE LOOKING TO OCCUPY THE BUILDING. SO TO GET A CERTIFICATE OF OCCUPANCY, THEY WOULD TECHNICALLY NEED TO PAVE THEIR PARKING AREA WITH EITHER THE ASPHALT OR THE CONCRETE. BUT THEY'RE REQUESTING THAT THE EXISTING FLEX SPACE THAT IS OUT THERE TO REMAIN AS THEIR PARKING SURFACE AND THEY CURRENTLY HAVE 12 INCHES OF FLEX SPACE RIGHT NOW. AND SO THEY'RE NOT THERE. THEY'RE ACTUALLY NOT GOING TO DO ANYTHING, RIGHT? CORRECT. THAT'S WHAT THE LISTING SAID. THEY'RE JUST ASKING FOR A WAIVER RIGHT NOW SO THEY DON'T HAVE TO DO ANYTHING TO CORRECT THAT, RIGHT? CORRECT. WELL, I GUESS MY QUESTION IS, IS WE'RE GOING FROM SOMETHING THAT SOLID TO BASICALLY A TEMPORARY SOLUTION THAT'S GOING TO GET CODIFIED TO BECOME A PERMANENT SOLUTION. WHAT TYPE OF MAINTENANCE, REPETITIVE MAINTENANCE MIGHT THEY BE EXPECTING? MAYBE GET MICHELLE ON THAT. THIS IS A PRIVATE PARKING LOT, SO IT'S THERE. I UNDERSTAND THAT. AND Y'ALL'S MAIN CONCERN WAS THE FIRE TRUCK, WHICH YOU'VE GOT THE REPORT. SO YOU'RE GOOD. HEY, MICHELLE, I HAVE A QUESTION. IT LOOKS LIKE THE STIPULATION IN THE RESOLUTION DOESN'T MATCH THE STIPULATION ON THE SLIDE. THE ONE IN THE PROPOSED RESOLUTION SAYS THE PARKING LOT SHALL ONLY BE UTILIZED FOR EMPLOYEE PARKING. YEAH, WE CHANGED THAT. OKAY. SO WE WOULD HAVE TO. CAN WE? IN THE MOTION. YOU CAN CHANGE IT. OKAY. SO YOU DO WANT IT FOR EMPLOYEES ONLY OR YOU WANT IT LIKE IT IS LIKE THIS? NO. THE GEOTECH PROVIDED WHAT WE NEEDED. OKAY. OKAY. ANY OTHER QUESTIONS? HOW OLD IS. I MEAN, IS THIS WAS THIS DONE A LONG TIME AGO OR I MEAN, IT'S BEEN THERE FOR A WHILE. YEAH, I DON'T KNOW HOW MANY YEARS. BUT WHEN YOU GO BACK AND YOU LOOK AT SOME OF THE AERIALS, IT'S BEEN THERE FOR A WHILE. I THINK THEY CAME AND THEY PUT A FRESH LAYER ON THE TOP. BUT THE ORIGINAL HAS BEEN THERE FOR A WHILE AND IT'S BEEN RECENTLY INSPECTED. RIGHT. IT WILL BE WITH WHEN THEY GO FOR A CERTIFICATE OF OCCUPANCY. RIGHT NOW, THEY DON'T HAVE A CEO, SO THEY'RE JUST THEY'RE TRYING TO WORK THROUGH, LIKE YOU SAID, IT WAS INSPECTED BY THE FIRE MARSHAL. THE REPORT WAS INSPECTED BY THE FIRE MARSHAL. OKAY. SO IT STILL HAS TO GO THROUGH APPROVAL. THEY WOULD STILL HAVE TO GO THROUGH THE BUILDING DEPARTMENT TO GET THEIR CERTIFICATE OF OCCUPANCY. AND THAT CONDITION IS THAT THEY NEED TO FOR WHATEVER USE THEY'RE GOING TO GO WITH. THEY NEED TO SHOW THAT THEY HAVE THE CORRECT NUMBER OF PARKING STALLS. THAT'S THE STIPULATION FOR THEM TO GET THAT. BUT OTHERWISE, THIS WAIVER WOULD PROVIDE THEM THAT THEY DIDN'T HAVE TO CHANGE ANYTHING OUT FOR THEIR PARKING AREA. SO IF THERE'S A MOTION TO APPROVE, JUST REMEMBER THAT STAFF IS ALSO REQUESTED THE FOLLOWING CONDITION WHICH YOU CAN CHOOSE TO ADD OR NOT HAVE. SO. ANY OTHER QUESTIONS? IF NOT, I WILL ENTERTAIN A MOTION. WELL, YOU KNOW, I'M JUST CONCERNED THAT I GUESS I'M NOT UNDERSTANDING. I GUESS I REALLY DON'T UNDERSTAND WHAT WE'RE DOING HERE. WE'RE TALKING ABOUT JUST AN ENTRANCE THAT WE'RE THAT WE'RE ASKING FOR A WAIVER ON. IS THAT CORRECT? NO. LET ME SEE IF I CAN CLARIFY. SO THERE IS A THERE IS A PAVED AREA IN FRONT OF THAT BUILDING, AND IT INCLUDES AN AREA THAT WILL ACT AS A FIRE LANE. AND SO WHAT THEY DID IS WAS PROVIDED A GEOTECH REPORT AND AS TRAVIS SAID, A BORE IN THE FRONT AND A BORE IN THE BACK. AND THAT GIVES US THE INFORMATION TO LET US KNOW THAT IT CAN SUPPORT AN £80,000 VEHICLE OR FIRE TRUCK. [01:10:02] AND SO THAT GIVES US THE CONFIDENCE THAT THE FIRE TRUCK WILL BE ABLE TO RESPOND TO ANY OF THE EMERGENCIES OUT THERE. THE PARKING LOT PORTION OF IT THAT WON'T ACT AS THE FIRE LANE. AND THIS IS AN OLD AERIAL. IF YOU SAW IF YOU SAW THAT, THAT WAS, FOR LACK OF A BETTER WAY TO SAY IT, IT WAS ALL GROWN UP. THAT'S WHY THEY CAME AND PUT THE FRESH BASE IN. BUT WHEN YOU LOOK AT THE BORES, YOU HAVE 12 INCHES OF MATERIAL. AND SO THAT TELLS US THAT THERE'S A SOLID BASE THERE THAT VEHICLES CAN PARK ON AND THE FIRE TRUCK WILL BE SUPPORTED. I AGREE WITH WHAT THE STAFF HAS SAID, AND I'LL MAKE A MOTION TO APPROVE CASE NUMBER 22-139 WITH THE STAFF'S RECOMMENDED. WAS THAT THE RECOMMENDED FOR HER? YES. YEAH. THAT'S GOOD. THAT THEY PROVIDE A SITE PLANNING DEMONSTRATION. THE REQUIRED NUMBER OF PARKING STALLS FOR THE PROPOSED USE AT THE TIME OF THE CO. I'LL SECOND THE MOTION. THANK YOU, COBI. A MOTION BY BILL AND A SECOND BY COBI. ALL IN FAVOR, PLEASE RAISE YOUR HAND. ALL OPPOSED. ALL RIGHT. MOTION PASSES. BOBBY DOES HE COUNT OR NO? ONE, TWO, THREE, FOUR, FIVE TO ONE. HERE WE GO. OH. RIGHT. OH, OKAY. SO 5 TO 1 OK. ALL RIGHT. THAT CONCLUDES OUR PUBLIC HEARINGS. WE DON'T HAVE ANY REPORTS AND PRESENTATIONS OR ARE THERE ANY COMMUNITY INTEREST ITEMS? [6. Community Interest Items] THE. GO AHEAD, DAN. CHAMBER OF COMMERCE IS HAVING A BUSINESS EXPO ON FEBRUARY THE 25TH AT PATHWAY CHURCH, AND THEY ARE STILL ACCEPTING APPLICATIONS FOR VENDORS. YOU JUST HAVE TO CONTACT THE CHAMBER OF COMMERCE. I THINK IT'S GOING TO BE A PRETTY GOOD WAY FOR PEOPLE TO SHOWCASE THEIR BUSINESS. THANK YOU. ALL RIGHT, BILL. THE UPCOMING ELECTIONS HAS A NEW, BRIGHT, SHINY, SMILING FACE. ADAM RUSSELL HAS THROWN HIS HAT IN THE RING AND I WANT TO CONGRATULATE HIM ON IT. CONGRATULATIONS OR CONDOLENCES? ANY OTHER COMMUNITY INTEREST ITEMS? ALL RIGHT. AND WE DO NOT HAVE EXECUTIVE SESSION, SO I WILL ADJOURN THE MEETING AT 7:17. * This transcript was compiled from uncorrected Closed Captioning.