4.A. 5933 FM 1902 (Case 24-297): Hold a public hearing and consider a recommendation of approval for an ordinance for a zoning change request from “A”, Agriculture to “GR" General Retail. (Staff Contact: Lidon Pearce, Principal Planner)

[4.A. 5933 FM 1902 (Case 24-297): Hold a public hearing and consider a recommendation of approval for an ordinance for a zoning change request from “A”, Agriculture to “GR" General Retail. (Staff Contact: Lidon Pearce, Principal Planner)]

ITEM 4A 5933 FM 1902.

THIS IS CASE 24-297.

HOLD A PUBLIC HEARING AND CONSIDER A RECOMMENDATION OF APPROVAL FOR AN ORDINANCE FOR A ZONING CHANGE REQUEST FROM A AGRICULTURE TO GR GENERAL RETAIL STAFF CONTACTS.

PRESENTER IS LIDON PEARCE.

GOOD EVENING. CHAIR. COMMISSIONERS.

LIDON PEARCE. PRINCIPAL PLANNER WITH THE CITY.

THIS IS A ZONING CHANGE.

REQUEST FOR A QUICK TRIP AT FM 1902 5933.

ALSO THERE ON YOUR SCREEN.

THE PROPERTY IS LOCATED IN THE CHISHOLM TRAIL CORRIDOR.

THE COMP PLAN AND IS CURRENTLY ZONED A AGRICULTURE.

IF YOU SEE THE BLUE SQUARE ON THE ZONING MAP.

THE PARCEL RIGHT BENEATH IT WAS A ZONING CHANGE.

YOU SAW, I BELIEVE, LAST YEAR OR THE YEAR BEFORE FOR THE MAIN SIDE OF THE KWIK TRIP.

THIS REQUEST IS ADDING THIS ADDITIONAL PARCEL TO THAT SITE.

SO YOU'LL KIND OF SEE THAT'S THE ORIGINAL PARCEL THAT WAS REZONED TO GENERAL RETAIL FOR A QUICK TRIP.

AND THIS IS THAT SITE PLAN AT THE TIME OF THAT SUBMITTAL.

PLEASE NOTE THEY WILL HAVE TO THEY'RE GOING TO REVISE THE SITE PLAN WITH THE ADDITION OF ADDITIONAL PROPERTY TO THE SITE.

SO I BELIEVE INSTEAD OF BEING AN EAST WEST ORIENTATION, THE BUILDING WOULD PROBABLY CHANGE TO NORTH SOUTH.

IMPROVED CIRCULATION PENDING THIS ZONING REQUEST.

STAFF DID SEND OUT PUBLIC HEARING NOTICES AND REQUIREMENTS WITH OUR ORDINANCES AND THE STATE LAW PUBLISHED IN THE NEWSPAPER, AND I POSTED A SIGN ON THE PROPERTY.

STAFF'S RECOMMENDATION FOR THIS REQUEST IS FOR APPROVAL OF THE ZONING CHANGE TO GENERAL RETAIL CONFORMS WITH THE COMP PLAN.

IT'S A COMPATIBLE WITH THE ADJACENT USES AND THE CHISHOLM TRAIL PARKWAY, AND IT IS CONTIGUOUS TO THE PREVIOUS ZONING APPROVED FOR THE QUIKTRIP SITE.

I AM HERE IF YOU HAVE ANY QUESTIONS.

ALSO HAVE THE APPLICANT AND MEMBERS FROM HIS TEAM IF YOU HAVE QUESTIONS FOR THEM.

ALL RIGHT. THANKS, LEYDEN.

I'LL OPEN THE PUBLIC HEARING AT 6:04 AND ASK IF ANYONE FROM THE AUDIENCE WOULD LIKE TO SPEAK.

IF NOT, I'LL TURN IT OVER TO THE COMMISSION FOR ANY QUESTIONS.

COMMENTS? LEYDEN.

IS THIS JUST THE STANDARD QUIKTRIP, OR IS THAT QUIKTRIP PLUS TRUCK STOP? THIS IS JUST A JUST THE SAME QUIKTRIP.

SO ESSENTIALLY WHAT YOU SAW BEFORE THEY'VE ADDED, ARE THEY TRYING TO ACQUIRE MORE LAND TO PUT IN A SEPTIC SYSTEM FOR THIS SITE.

SO THEY JUST BECAUSE THE SEPTIC FIELD REQUIREMENTS AND KIND OF THE SIZE OF THE PREVIOUS SITE, THEY NEEDED MORE LAND.

OKAY. SO NOT A FULL BLOWN YOU'RE NOT GOING TO SEE A LOT OF TRUCK STOP TYPE THING.

35. YES.

SO. ALL RIGHT.

IS THERE ANY MORE QUESTIONS FROM THE COMMISSION? NO. I WILL CLOSE THE HEARING AT 6:05 P.M.

AND ENTERTAIN A MOTION.

[00:05:03]

I'LL MAKE A MOTION TO APPROVE.

CASE 20 4-297.

SECOND. I HAVE A MOTION BY MICHAEL.

A SECOND BY DAVID.

ALL IN FAVOR? RAISE YOUR HANDS.

PASSES UNANIMOUSLY.

ALL RIGHT. MOVING ON TO ITEM FOUR.

[4.B. 2152 SW Wilshire (Case 23-370): Hold a public hearing and consider a recommendation of disapproval for an ordinance for a zoning change request from “A”, Agriculture to “PD" Planned Development for Urban Wilshire Village; a townhome and retail development. (Staff Contact: Lidon Pearce, Principal Planner) ]

B 2152.

SOUTHWEST WILTSHIRE. CASE 23370.

HOLD A PUBLIC HEARING AND CONSIDER A RECOMMENDATION OF DISAPPROVAL FOR AN ORDINANCE FOR A ZONING CHANGE.

REQUEST FROM A AGRICULTURE TO PD.

PLANNED DEVELOPMENT FOR URBAN WILTSHIRE VILLAGE A TOWNHOME AND RETAIL DEVELOPMENTS.

STAFF. PRESENTERS.

LIDON PEARCE. ALL RIGHT.

THANK YOU. THIS IS A ZONING REQUEST FOR A PLANNED DEVELOPMENT OFF OF WILTSHIRE, AS YOU SEE THERE ON YOUR SCREEN.

SO THE IT IS DEFAULT AG AND THEY HAVE REQUESTED A PD PLAN DEVELOPMENT.

SO THIS IS WHERE ESSENTIALLY THEY PROPOSE SOME STANDARDS IN THE ORDINANCE THAT WAS ATTACHED.

SO THIS SITE YOU'LL SEE IN THE BLUE OUTLINE GENERALLY IS IN OUR COMMUNITY COMMERCIAL COMP PLAN DESIGNATION.

AND YOU SEE THE AGRICULTURAL ZONING JUST FOR SOME SITUATIONAL AWARENESS.

IF YOU'RE NOT SUPER FAMILIAR WITH THE SITE THE PARCEL RIGHT NEXT TO IT IS THE TRACTOR SUPPLY.

IT SAYS SITE PLAN.

AND THEN THIS IS THE FUTURE WHICKER HILL ROAD, WHERE YOU'LL HAVE THE BEAR RIDGE DEVELOPMENT DOWN HERE.

AND THEN OUR SUBJECT SITE.

SO THIS IS A CONCEPTUAL SITE PLAN THAT WAS PROVIDED AS PART OF THE PROPOSED SOME OF THE AMENITIES PROPOSED YOU'LL SEE ON THE SCREEN.

I'VE KIND OF HIGHLIGHTED, JUST TO MAKE THEM POP A LITTLE BIT MORE FOR YOU.

THEY HAVE A POOL AREA, SOME DOG PARKS, SPORTS COURTS, WALKING TRAILS BICYCLE RACKS AND SOME OPEN SPACE.

YOUR ZONE B IS PROPOSED TO BE A BUILT TO OWN.

SO WHAT THAT MEANS IS EACH UNIT WOULD BE ON ITS OWN PLATTED LOT, WHEREAS THE ZONE C BUILT TO RENT.

GENERALLY WHAT THAT MEANS IS THIS ONE LOT PLATTED.

AND THEN YOU HAVE MULTIPLE UNITS ALL ON ONE LOT.

AND THEN YOU SEE THE ZONE A, WHICH IS SOME GENERAL RETAIL.

UNDERSTAND THAT THESE WOULD POTENTIALLY CHANGE WITH DIFFERENT USERS IF THE ZONING WAS APPROVED.

SO THAT LAYOUT IS DEFINITELY SUBJECT TO CHANGE.

THIS IS JUST A COLORED VERSION.

THIS WASN'T IN YOUR ORIGINAL PACKAGE.

WE RECEIVED THIS AFTER THE AGENDA POSTED, BUT I DID WANT TO KIND OF SHOW YOU A MORE BLOWN UP VIEW OF THAT.

THE APPLICANT PROVIDED THIS.

AND THEN THIS IS SOME OF THE STANDARDS.

SO WHAT I DID IS JUST PULLED OUT SOME OF THE HIGHLIGHTS FROM THE ORDINANCE THAT WAS IN YOUR PACKAGE.

SO YOU HAVE 12 ACRES PROPOSED FOR THE RETAIL AREA, TEN ACRES FOR TOWNHOMES AND 18 ACRES FOR THE OTHER SECTION OF TOWNHOMES TO BUILD TO RENT.

KIND OF SHOWS YOU SOME OF THE BASE ZONING STANDARDS AND THEN THEIR HEIGHTS, THEIR MAXIMUM HEIGHTS AND THEIR LIMITATIONS.

SO THE BUILD TO RENT IS CURRENTLY PART OF THEIR ORDINANCE, LIMITED TO ONE STORY IN HEIGHT.

SO PLEASE BE AWARE OF THAT.

AND THEN THE INDIVIDUALLY PLATTED LOTS COULD GO UP TO THREE STORIES.

YOU CAN SEE THERE THEY ARE PROPOSING UP TO EIGHT UNITS CONNECTED WITH SOME MINIMUM LOTS AND MINIMUM AND MAXIMUM COMPLEX LINKS.

AND THEN WE HAVE SOME MINIMUM KIND OF SQUARE FOOTAGES FOR THE LIVING AREAS, AS WELL AS SOME PARKING AND AMENITIES.

THIS IS JUST ANOTHER KIND OF CONCEPT OF THE BILL TO OWN EXAMPLES.

HERE'S SOME BUILT TO RENT EXAMPLES THAT THEY'VE PROVIDED.

YOU CAN SEE THERE ON YOUR SCREEN.

STAFF DID SEND A PUBLIC NOTICES TO ADJACENT PROPERTY OWNERS.

WE RECEIVE ONE LETTER OF OPPOSITION THAT I'VE PROVIDED TO YOU AT THE AT YOUR DIOCESE.

ESSENTIALLY, YOU KNOW, THEY DON'T WANT TO SEE THE LAND CHANGE THE CURRENT USE, WHICH IS NOT REALLY IT'S BEING FIELDS, TREES.

WE DID PUBLISH IN THE NEWSPAPER AND POSTED A SIGN ON THE PROPERTY.

OTHER THAN THAT, ONE LETTER STAFF HAS RECEIVED NO OTHER FORMAL OPPOSITION OR INQUIRIES.

SO WHEN STAFF LOOKS AT THE PD PROPOSAL, THERE'S KIND OF TWO PRIMARY THINGS THAT WE'RE EVALUATING.

ONE IS CONFORMANCE WITH THE COMPREHENSIVE PLAN.

AND THEN THE OTHER IS THE LANGUAGE IN THE ACTUAL PROPOSED ZONING DOCUMENT.

STAFF MAKES OUR RECOMMENDATION BASED OFF THOSE ITEMS PRIMARILY.

SO IN THIS CASE THE PROPOSAL DOES NOT CONFORM TO OUR COMPREHENSIVE PLAN, WHICH IS COMMUNITY COMMERCIAL.

THE TOWNHOME ASPECT OF IT, WHICH IS THE MAJORITY OF THE PROPOSED DEVELOPMENT, IS NOT MEET THAT DESIGNATION IN OUR COMP PLAN.

ADDITIONALLY, AS YOU KIND OF IF YOU LOOK TO THE ZONING ORDINANCE, THINGS THAT WE LOOK FOR PRIMARILY AND WE'LL GIVE KIND OF COMMENTS TO THE APPLICANT ARE THINGS THAT WE, AS STAFF HAVE SEEN OR WE THINK MAY HELP THE PROPOSAL.

[00:10:02]

AND THIS CASE, THERE WAS REALLY NO GUARANTEE OR PHASING TO ENSURE THAT THE RETAIL COMPONENT WOULD BE DEVELOPED AND THAT BEING THE ONLY COMPONENT THAT MEETS THE COMP PLAN, THAT REALLY IS WHAT DROVE OUR RECOMMENDATION.

THAT'S NOT TO SAY THAT THERE'S NOT 100% SINCERE INTENT FOR THOSE COMPONENTS TO BE DEVELOPED.

THERE'S JUST NO, AS I SAY, PLAYING DEVIL'S IN THE DEVIL'S IN THE DETAILS, AND THERE'S NO DETAIL THAT TRIGGERS THAT TO OCCUR PRIOR TO THE TOWNHOME OR THE COMPLETION OF THE TOWNHOME DEVELOPMENT.

SO WITH THAT IN MIND, STAFF HAS MADE THE RECOMMENDATION FOR DENIAL OF THIS ZONING REQUEST, AND I CAN GO WAY MORE IN DEPTH INTO THAT WHEN YOU OPEN THE PUBLIC HEARING AS FAR AS QUESTIONS, BUT THAT'S GENERALLY OUR BASIS.

WE LOOK AT THE COMP PLAN, WHICH IS OUR CHARGE, AND THEN WE LOOK AT THE LANGUAGE OF WHAT THEY PROPOSED AND WITH THOSE TWO THINGS, THAT'S STAFF'S RECOMMENDATION.

ALL RIGHT THANKS LIDON. I'LL OPEN THE PUBLIC HEARING AT 6:11 P.M..

WE DO HAVE SOME SPEAKER CARDS HERE.

FIRST ONE I HAVE IS MISTY, IS IT KREJCIK? WOULD YOU LIKE TO SPEAK? AND THEN AH ROB ORR.

MR. CHAIRMAN, I BELIEVE THOSE CARDS.

MR. ORR DID YOU WANT TO SPEAK, OR WAS THAT ONLY IF YOU HAD QUESTIONS ASKED OF YOU? NO, I LIKED IT. OKAY.

SO IS THE MIC ON? YES. WELL, I APPRECIATE THE OPPORTUNITY.

WE ARE THE LANDOWNER.

I REPRESENT BURLESON PREMIER INVESTMENTS.

WE'VE OWNED THIS PROPERTY.

AND I WILL TELL YOU, MOST OF THE INVESTORS IN THIS PROPERTY ARE LOCAL GUYS AS WELL THAT HAVE LIVED HERE.

WE'VE DONE MOST ALL OUR INVESTING IN BURLESON OVER THE LAST 30 YEARS.

WE HAVE DONE A LOT OF DIFFERENT DEVELOPMENTS.

JUST TO GIVE YOU A LITTLE BIT OF HISTORY OF THIS 41 ACRES.

WE BOUGHT IT RIGHT BEFORE 2008, BEFORE THE MARKET CRASH.

SO WE'VE OWNED IT FOR 18 YEARS.

WE ACTUALLY BEEN TRYING TO SELL THIS PROPERTY UNDER THIS TYPE OF ZONING FOR 18 YEARS.

THE COMP PLAN WE'VE MARKETED IT IN TWO ACRE TRACKS, EIGHT ACRE TRACKS, FOUR ACRE TRACKS.

WE'VE DONE EVERYTHING IN OUR POWER TO TRY TO SELL THIS PIECE OF PROPERTY IN PIECES OR AS A WHOLE.

WE HAVE MARKETED PROPERTY.

AND WE DID GET WE HAVE HAD TWO CONTRACTS ON THE PROPERTY WITHIN THE 18 YEARS AND THE CITY BECAUSE IT DIDN'T MEET THE COMP PLAN HAD PEOPLE CAME IN AND WANTED TO DO APARTMENT COMPLEXES IN THE CITY, FELT LIKE THE DENSITY WAS TOO MUCH.

IT WAS 24 UNITS, I BELIEVE, OF PER ACRE.

AND THEY JUST SAID, WE THINK WE HAVE ENOUGH APARTMENTS.

AND IT WAS GOING TO BE SOME RETAIL AND SOME APARTMENT COMPLEXES.

AND SO BUT THAT DID NOT GO OVER.

SO HERE WE ARE 18 YEARS LATER TRYING TO SELL, SELL THIS PIECE OF PROPERTY.

THIS PROJECT THAT IS COMING BEFORE YOU IS HAS HALF THE DENSITY THAT WE CAME BEFORE.

AND SO IT IS A I BELIEVE IT'S A GREAT PROJECT.

AND THE PROBLEM WITH THE COMP PLAN IS THAT IT WAS IN 2010 IS WHEN THE COMP PLAN WAS DONE AND THERE WAS A I DON'T KNOW IF MANY OF YOU WERE HERE, BUT THERE WAS A PLAN THAT WE HAD WILTSHIRE.

IT WAS GOING TO BE ALL WALKABILITY AND WE HAD THIS COMMUNITY COMMERCIAL AND WE COULD ALL WALK TO HERE AND WALK TO THERE.

BUT THE FACT IS IT'S NOT WORKED AND WE'VE TRIED TO MAKE IT WORK.

AND SO THE REASON THAT I THINK YOU SHOULD, I THINK THE COMP PLAN IS, IS A GUIDELINE.

IT'S NOT THE BIBLE.

WE HAD ANOTHER PROJECT OUT ON VANTAGE.

WE ALSO HELPED DEVELOP THE HIGH POINT BUSINESS PARK, AND WE OWN ALMOST ALL THE LAND OUT THERE THAT WERE YOU'VE GOT A LOT OF BIG COMPANIES THAT HAVE COME OUT THERE. WE JUST 90 DAYS AGO CAME THROUGH ON A P AND Z, AND WE PUT TOGETHER THE AND WE WORKED WITH THE CITY.

WE PUT TOGETHER LIKE 7 OR 8 DIFFERENT PROPERTIES TO PUT TOGETHER SO THAT WE COULD SELL TO LARGE TO INDUSTRIAL BUYERS. YOU THE I'M TRYING TO THINK OF THE, THE GOLDEN STATE

[00:15:04]

FOODS WAS ONE OF OUR PROPERTIES THAT THAT WE DID OUT THERE AND WE OWN THE PROPERTY AND THE CITY DID THE ZONING.

WE BOUGHT RILEY PLACE A LITTLE SMALL TRACK IN FRONT.

IT WAS ZONED COMMERCIAL.

WE BOUGHT ANOTHER 19 ACRES TRACT THAT WENT ALMOST TO 917, BUT IT WAS NOT IN, IT WAS NOT IN THE OVERLAY.

AND SO WE CAME TO Y'ALL, GOT IT REZONED IT.

NO WAY DID IT FIT THE COMP PLAN.

BUT YOU GUYS APPROVED IT NOT LESS THAN PROBABLY 90 DAYS AGO ON USING THAT PROPERTY.

I ALSO WANT TO SPEAK ABOUT THE MARKET A LITTLE BIT.

I'VE BEEN DOING THIS FOR OVER 30 YEARS, ACTUALLY, 44 YEARS IN REAL ESTATE, BUT ABOUT 30 YEARS IN COMMERCIAL AND IT'S ROOFTOPS AND TRAFFIC COUNTS THAT MAKE SO MUCH DIFFERENCE.

YOU HAD THAT JUST CAME IN HERE AND TALKED ABOUT.

I MEAN, THEY'RE GOING OUT TO THE TOLLWAY WHERE THERE'S A LOT MORE TRAFFIC COUNTS.

YOU'RE NOT EVER GOING TO BEAT THE MARKET.

WE HAVE TRIED AND TRIED AND TRIED.

THIS DEVELOPMENT WILL HELP RETAIL COME TO THIS DEVELOPMENT.

IT'S NOT AGAIN, IT'S MID DENSITY.

IT'S 10 TO 12 UNITS ON ON A PER ACRE.

AND I CAN'T IMAGINE I MEAN IF YOU DON'T LOOK AT THIS AS A AS AN OVERALL PLAN OR YOU HAVE TO CHANGE THE PLAN. I JUST THINK THE PLAN IS OUTDATED.

IT'S BEEN 2010 SINCE IT WAS PUT IN PLACE AND THERE WAS SOME UPDATES.

LIDON TOLD ME THAT BASICALLY IT WAS JUST FLUFF WORDS.

THEY DIDN'T REALLY GO IN AND LOOK AT THE OTHER DEVELOPMENT ACROSS THE WAY ON WICKER HILL IS GOING TO CREATE MORE ROOFTOPS.

AND SO I BELIEVE THAT THAT YOU SHOULD NOT PENALIZE THE DEVELOPER AND SAY, WELL, WE NEED TO PHASE THIS IN.

I BELIEVE THAT WHAT THE CITY SHOULD BE DOING IS INCENTIVIZING.

THEY INCENTIVIZE A LOT OF THOSE INDUSTRIAL PROJECTS.

WE HAVE ONE GOING TO COUNCIL NEXT ON DECEMBER 9TH, AND YOU'RE INCENTIVIZING IT.

YOU GO AFTER WHAT YOU WANT.

I THINK YOU'VE DONE SOME RETAIL INCENTIVIZING AS FAR AS ALLEY CATS AND THE COMPLEX RIGHT ACROSS THE STREET FROM HERE WHERE THE RESTAURANTS ARE. AND SO I HATE TO SEE PUT IN A [INAUDIBLE].

WHAT'S GOING TO HAPPEN IS THEY ARE AGREEING AND I DON'T KNOW WHERE THE WHERE THE DEVELOPER IS, BUT THEY'RE GOING TO PUT TOGETHER.

AND THE OTHER INCENTIVE THAT THEY'RE DOING IS THEY'RE DOING THE PAD SITES, THEY'RE PUTTING IN THE LANDSCAPING, THEY'RE PUTTING IN ALL THE UTILITIES THEY'RE GOING TO THEY ARE INCENTIVIZING THIS PROJECT TO HELP RETAIL COME IN TO THIS PROPERTY.

IT'S GROWING THAT WAY.

ONE OF THE THINGS THAT HURT US, WE AGAIN, WHEN WE BOUGHT 18 YEARS AGO, ONE OF THE THINGS THAT HURT US, WE THOUGHT THIS WAS GOING TO BE A MAJOR INTERSECTION DOWN LINE.

WE WERE BETTING ON THE MARKET.

AND WHAT WILL WHAT HAPPENED IS THE CITY MOVED THE TRACKS, THE RAILROAD CLOSED THE CROSSING AND MOVED IT DOWN TO LAKEWOOD. SO THAT'S WHERE THE DEVELOPMENT HAS GONE, BECAUSE THEY KNOW THEY'RE GOING TO BE ABLE TO GET OUT AND GO TO THE TOLLWAY.

AND SO THIS IS NOT GOING TO BE A HIGH COMMERCIAL AREA LIKE JOHN JONES AND WILTSHIRE WERE YOU HAVE KROGER'S AND HEB AND IT'S JUST NEVER THIS IS NEVER GOING TO WORK.

IF YOU STICK WITH THIS COMP PLAN COMMUNITY ON THIS 41 ACRES, IT'S JUST NEVER GOING TO SELL.

IT'S WE'VE PROVED THAT IT WON'T SELL.

WE'VE TRIED TO SELL IT.

SO I HOPE THAT YOU WILL LOOK AT COMMON SENSE AND LOOK AT THAT.

THIS PROPERTY IS THIS IS A GREAT MIXTURE OF MID DEVELOPMENT OR MID SIZE DEVELOPMENT.

IT'S NOT GOING TO BE RESIDENTIAL HOUSING RIGHT ON WILSHIRE.

I THINK IT'S A PERFECT FIT AND I HOPE YOU WILL APPROVE THE ZONING I APPRECIATE IT.

THANK YOU. OKAY. THANK YOU.

MR.. WAS THERE ANYONE ELSE THAT WANTED TO SPEAK ON THIS ITEM? YOU SAY YOUR NAME AND YOUR ADDRESS, PLEASE.

MY NAME IS LARRY MILLER.

I'M WITH MATRIX EQUITIES, THE DEVELOPER OF THE PROJECT.

AND APPRECIATE ROB GETTING UP HERE AND TALKING ON OUR BEHALF FOR A LITTLE BIT TO BEGIN WITH.

I'D LIKE TO JUST BRING UP A COUPLE OF THINGS.

ONE IS THAT I DON'T THINK STAFF HAS AN ABILITY TO APPROVE THE PLAN, BECAUSE IT'S NOT IN CONFORMANCE WITH THE COMPREHENSIVE PLAN THAT WAS PUT IN PLACE MANY, MANY, MANY YEARS AGO.

AND THE CITY HAS GROWN.

THE CITY HAS CHANGED.

IF YOU LOOK AT THE PROJECT AND YOU TAKE A LOOK AT WHAT HAS HAPPENED TO BURLESON AND THE GROWTH OF THE CITY, IT NEEDS HOUSING, WHICH WE

[00:20:07]

HAVE FOR SALE, TOWNHOME HOUSING.

IT'S A QUALITY PROJECT.

WE HAVE RENTAL PROPERTIES, TOWNHOMES ALSO, ALL WITH GARAGES, AND WE HAVE AS MUCH RETAIL AS WE CAN GET ON THE SITE, THAT MAKES SENSE.

AND WHEN WE REZONE THE PROPERTY, IT'S RETAIL ON THE FRONT.

NO MATTER WHAT HAPPENS, WE'RE GOING TO HAVE TO WE'RE GOING TO HAVE TO DO RETAIL.

AND WHEN RETAIL COMES TO A CERTAIN MARKET, THEY HAVE PEOPLE THAT ARE FROM THE HOME OFFICE OF A RETAILER THAT HAVE DIRECTIVE TO GO TO A CERTAIN SUBMARKET AND FIND LOCATIONS FOR THEM, AND THEN THEY FIND THE MOST APPROPRIATE SITE FOR WHATEVER THEIR USE MIGHT BE.

AND THEN THAT'S WHEN YOU GET THE RETAILER, THAT'S WHEN YOU GET THE TRAFFIC, THAT'S WHEN YOU GET THE TENANT.

AND SO OUR PLAN, LIKE WHAT ROB WAS SAYING IS WE'RE GOING TO DO ALL THE INFRASTRUCTURE AT ONCE.

SO WE'LL BUILD THE ROADS, WE'LL BUILD THE SIGNAL, WE'LL BUILD THE ENTRANCE, WE'LL BUILD THE LANDSCAPING, WE'LL FLATTEN THE PADS OUT.

WE'LL PUT AN EMULSIFIER DOWN THAT WILL PREVENT WEEDS FROM GROWING, AND WE'LL MAINTAIN IT AND MANAGE IT.

WE'LL HAVE A PROPERTY OWNERS ASSOCIATION THAT IS ALSO IN CHARGE OF MANAGING THE LOOK AND THE FEEL.

SO IT'LL BE NEAT, MANICURED AND TAKEN CARE OF DAY ONE.

AND IF WE DO THAT FOR THE RETAIL PADS AND WE HAVE TO TEAR IT A LITTLE BIT WITH SOME RETAINING WALLS, THEY'LL BE READY TO GO.

THEY'LL HAVE UTILITIES, THEY'LL HAVE ROADS.

AND IF A TENANT SAYS, WE'D LIKE TO BE IN SOME PLACE IN SIX MONTHS, THAT'S WHERE THEY COULD GO.

IT ISN'T LIKE YOU CAN GO BUILD A SPEC RETAIL PAD BECAUSE A STARBUCKS DOESN'T REALLY WANT WHAT A ROADHOUSE WANTS.

THEY'RE TWO DIFFERENT BUILDINGS, SO YOU HAVE TO WAIT FOR THE TENANT TO COME IN AND THEN ACCOMMODATE THEM AS QUICK AS YOU CAN, AND WE'LL BE TEED UP FOR THAT.

AND AT THIS POINT, I'D REALLY LIKE TO ASK IF YOU HAVE ANY QUESTIONS.

I HAVE QUESTIONS. YOU DON'T WANT TO.

I THINK ONE OF THE ISSUES, IF I'M NOT MISTAKEN, IS TIMELINES OF WHEN YOU KNOW THE COMMERCIAL IS GOING TO BE BUILT.

WILL THAT LANDSCAPING BE MAINTAINED? I MEAN, IF IT'S FIVE YEARS DOWN THE ROAD AND THERE'S NOTHING BUILT THERE 100%, SOMEBODY'S GOING TO CONTINUE TO MAINTAIN AND MAKE IT LOOK PRESENTABLE AS YOU DRIVE BY FROM DAY ONE UNTIL WE GET THE TENANT ON THERE.

IT WILL BE OUR RESPONSIBILITY AND YOU'RE WILLING TO PUT THAT IN WRITING TO THE CITY? OH, ABSOLUTELY. WE'LL HAVE BETTER THAN THAT.

WE'RE GOING TO RECORD A PROPERTY OWNERS ASSOCIATION DOCUMENT WITH ALL THE LANDOWNERS THAT THEY ALL PARTICIPATE IN MAKING THAT HAPPEN.

AND IF ANY ONE TENANT DOESN'T PAY THEIR MONEY FOR IT, THE OTHERS HAVE THE RIGHT TO PUT THE MONEY IN AND THEN GET IT BACK FROM THAT LANDOWNER.

SO IT'LL HAVE TEETH IN IT.

AND IT WORKS VERY, VERY EFFECTIVE.

AND FRANKLY, WE WANT IT TO LOOK REALLY PRISTINE BECAUSE THEN A TENANT WILL LOOK AT IT AND SAY, THESE GUYS CARE.

GREAT LANDLORD, LET'S GO.

ANYTHING ELSE THAT MIGHT.

A COUPLE OF QUESTIONS AND I GUESS A COUPLE COMMENTS.

ONE, I THINK THE DENSITY IS STILL A LITTLE BIT OF AN ISSUE.

IF YOU LOOK AT THIS JUST, YOU KNOW, WHAT'S ON THE SCREEN.

THERE'S A LOT PACKED INTO THAT SPACE.

SO THAT'S ONE COMMENT.

SECONDLY, WHILE THERE IS GREEN SPACE, THERE'S NOT AN AWFUL LOT OF CONGREGATING GREEN SPACE.

THERE'S GREEN SPACE BETWEEN THE CONDOS AND THAT SORT OF THING.

BUT THERE'S NOT A LOT OF GREEN SPACE IN THE, THE RENTAL OR THE, THE HOUSING AREAS.

REYNOLDS GOT MORE.

IT'S GOT AN OPEN SPACE IN IT, BUT YOU DON'T HAVE ANY KIND OF AN OPEN SPACE IN THE RENTAL SIDE.

SO I'M SAYING THAT CORRECTLY.

SECONDLY, I QUESTION THE ENTRANCES TWICE ON RENFROE ON WILSHIRE.

AND THEN, YOU KNOW, THE ONLY WAY YOU'RE GOING TO GET OUT AND GO EASTBOUND ON 174 IS TO COME OUT ONE OF THOSE TWO ENTRANCES AND GO DOWN TO WICKER HILL IN A VERY QUICK TURNAROUND TO GET ACROSS WHAT WILL BE THREE LANES OF TRAFFIC AT SOME POINT IN TIME.

I THINK ALL THOSE ARE GOOD QUESTIONS.

IF I'M SORRY, DID YOU? I GOT ONE MORE THING. OKAY.

ONE THING I'D CONSIDER IF I WAS DEVELOPING THIS PROPERTY IS INSTEAD OF THE TWO LANE ROAD BEHIND THE RETAIL, I'D BRING THAT TO THE FRONT OF THE RETAIL SO THAT THE RETAIL CAN BE SET BACK FURTHER.

AND THEN MAYBE THAT WOULD HELP YOU ELIMINATE THE TWO ENTRANCES, OR AT LEAST ONE OF THEM OFF OF 174.

[00:25:04]

SO THAT'S JUST THE THOUGHT.

WELL, I CAN TELL YOU I'VE BEEN THINKING ABOUT IT.

LET'S TAKE THOSE AND TALK ABOUT THEM A BIT.

I THINK IN ORDER OF IMPORTANCE.

SO WHAT WE HAVE IS THE ROAD IN THE BACK THAT ALLOWS FOR TRANSGRESSION TO ALL THE DIFFERENT RETAIL AND AN ADDITIONAL ENTRANCE EXIT FOR THE PEOPLE THAT LIVE BEHIND IT.

AND WE'RE PUTTING IN A TRAFFIC SIGNAL AT WICKER HILL.

IT'S BEEN TXDOT ORIENTED, SO WE'LL HAVE A TRAFFIC SIGNAL THERE, AND WE'RE PUSHING FORWARD TO MAKE IT HAPPEN SOONER THAN LATER.

AND IF IT'S UP TO ME, BY THE TIME WE'RE FINISHED WITH THE INFRASTRUCTURE, THAT SIGNAL WILL BE UP AND RUNNING.

NUMBER ONE, PUSH BACK ONE SECOND ON.

IF YOU LOOK AT THE SOUTHERN ENTRANCE DOWN THERE, IF YOU COME OUT OF THERE, THE TURN LANE STARTS WHAT LOOKS LIKE IN A MATTER OF A COUPLE HUNDRED FEET. AND THEN SOMEBODY'S GOT TO WAIT TO CROSS THREE LANES OF TRAFFIC TO GET INTO THAT SIGNAL, TURN LEFT LANE AND THEN TURN AROUND AND COME BACK.

YOU KNOW, I DON'T HAVE THE EXACT DESIGN THAT TXDOT APPROVED AND THAT WE'RE WORKING WITH, WITH THE TRAFFIC ENGINEERS, BUT WE DO KNOW THAT WITH WHAT'S PLANNED FOR THAT AREA, WE'LL HAVE DIESEL AND ACCELERATION PLANES TO BE ABLE TO GET IN THERE WITH THE TRAFFIC SIGNAL.

THEY'VE DESIGNED IT TO DO THAT.

THEY'RE PROFESSIONALS. THAT'S THEIR JOB.

THEY HAVE TO MAKE IT WORK.

SO AT THIS POINT THEY'RE CULPABLE.

I'M GOING TO BELIEVE THEY DESIGNED IT TO MAKE IT WORK.

AND YOU KNOW, IT MIGHT LOOK HIGHLY DENSE TO YOU, BUT WE'RE NOT THAT HIGH UP THE CATEGORY.

WE'RE LESS THAN 11 UNITS ON THE BUILD FOR RENT PER ACRE WHEN A LOT OF APARTMENTS ARE 2224.

SO WE DIDN'T INTENTIONALLY BUILD APARTMENTS BECAUSE WE HAD FEEDBACK THAT THE CITY DOESN'T REALLY WANT MORE MULTIFAMILY APARTMENTS. SO WE DECIDED TO TEAR THE DENSITY DOWN AND LOWER IT.

AND THAT'S WHY WE'VE GOT TOWNHOMES FOR SALE AND BUILD FOR RENT, MULTIFAMILY FOR RENT LOWER DENSITY THAN A MULTIFAMILY.

BUT WE DIDN'T DO MULTIFAMILY INTENTIONALLY.

WE THOUGHT THAT WAS MAYBE A BIT TOO MUCH ALSO.

THE ENTRANCES ON 174.

WE HAVE TWO ENTRANCES TO BREAK IT UP, SO THAT ANY ONE ENTRANCE WON'T HAVE THE MAJORITY OF THE TRAFFIC.

AND IN OUR OPINION, WE THINK THAT THE PEOPLE WILL OPT NOT TO GO OUT AND FLIP A U-TURN TO GO AROUND.

THEY'LL GO OUT AT THE SIGNAL, WHICH IS A BREAK, AND TAKE THE SIGNAL OUT, MAKING IT A LITTLE BIT EASIER.

AND OF COURSE, IF THERE'S NO TRAFFIC, THEY CAN DO EITHER WAY.

SO THOSE ARE THE THINGS WE'VE DEALT WITH ON IT.

AND HOPEFULLY YOU CAN APPRECIATE.

THERE'S BEEN A LOT OF THOUGHT PUT INTO IT AND A LOT OF FEEDBACK TO HELP DESIGN WHAT WE HAVE COME UP WITH.

SO WE THINK WE'RE HITTING THE MARK ON WHAT THE CITY TRULY NEEDS.

AND IF THERE ARE ANY QUESTIONS, I'LL BE GLAD TO FIELD THOSE QUESTIONS.

ALL RIGHT. THANK YOU, MR. MILLER. WE MIGHT HAVE YOU BACK UP HERE.

IF ANY OTHER QUESTIONS ARISE.

FANTASTIC. WAS THERE ANYONE ELSE WHO WANTED TO SPEAK? I HAVE A CARD FOR BRUCE BUTLER.

THANKS FOR THE TIME.

YES, SIR. YOU CAN COME UP.

MY NAME IS BRUCE BUTLER AND I LIVE AT 213 WICKER HILL ROAD.

AND AS YOU LOOK AT THE MAP JUST TO THE LEFT OF THE OF THIS PLAN DEVELOPMENT, AND I WOULD REALLY LIKE TO SPEAK IN SUPPORT OF WHAT THE PLANNING AND ZONING COMMITTEE HAS DONE AS FAR AS REJECTING OR TURNING DOWN THIS RECOMMENDING TURNING DOWN THIS PROPOSAL.

WE MOVED HERE ABOUT THREE AND A HALF, JUST ABOUT THREE AND A HALF YEARS AGO.

AND WHEN WE LOOKED AT OUR PROPERTY, THERE WERE SEVERAL THINGS THAT WE LOOKED FOR.

FIRST, IT WAS IN THE CITY OF BURLESON.

SECONDLY, IT WAS SOMEWHAT REMOTE.

THIRDLY, IT WAS ON A DEAD END STREET.

WICKER HILL, DEAD END.

AND FOURTHLY, JUST NOT A LOT OF TRAFFIC.

THE SIZE OF OUR LOT WAS GREAT, BUT THE VIEW FROM OUR FRONT YARD.

LOOKING ACROSS THE FENCE DOWN OVER THAT PASTURE, WE CAN SEE DOWNTOWN BURLESON AND IT'S ACTUALLY A PERFECT VIEW.

4TH OF JULY. WE CAN WATCH THE FIREWORKS OVER AT CHISHOLM HALL.

AND LOOKING AT YOU MENTIONED DENSITY A WHILE AGO.

I DON'T KNOW WHAT THE DENSITY IS OF THAT AREA, BUT IT LOOKS LIKE TO ME IN THE BUILD TO RENT AREA, IT LOOKS LIKE THERE'S

[00:30:02]

PROBABLY TWO EXITS, ONE THROUGH THE ROUNDABOUT AND ONE ON TO WICKER HILL.

I DON'T KNOW HOW MANY PEOPLE THAT IS, BUT THAT'S WICKER HILL.

IT CAN'T HANDLE ANY MORE TRAFFIC THAN WHAT IT'S GOT RIGHT NOW.

THERE MAY BE ANOTHER EXIT THAT I DON'T SEE, BUT I WAS JUST CONCERNED WHEN I LOOKED AT THE PLATS, THE NUMBER OF HOUSING UNITS THAT WERE IN THAT AREA AND THE NUMBER OF PEOPLE THAT THAT WOULD INVOLVE.

I JUST, YOU KNOW, I HATE TO SAY THAT, YOU KNOW, IT JUST KIND OF MESSES WITH OUR LITTLE PLACE IN HEAVEN, BUT IT DOES.

WE LOVE THAT VIEW.

WE LIKE THE NOT A WHOLE LOT OF TRAFFIC.

AND WE JUST IN FAVOR OF Y'ALL REJECTING THE CHANGE IN THE IN THE ZONING.

THANK YOU.

THANK YOU, MR. BUTLER.

IS THERE ANYONE ELSE THAT WANTED TO SPEAK ON THIS ISSUE? OKAY, I'LL TURN IT BACK OVER TO THE COMMISSION.

THERE IS ONE MORE.

YEAH. COME ON UP.

JUST SO YOU'RE AWARE, IN THE COMPREHENSIVE PLAN, IT ALLOWS FOR RETAIL.

THAT'S GENERALLY WHAT IT'S TRYING TO DO.

AND ON A SITE THIS SIZE, IF YOU PUT WHAT WAS CONTEMPLATED MANY YEARS AGO, WHICH DOESN'T WORK TODAY FOR A LOT OF REASONS.

YOU COULD HAVE OVER 400,000FT² OF RETAIL.

TALK ABOUT TRAFFIC.

THAT'S THAT WOULD BE A LOT OF TRAFFIC.

SO THERE'S A TRADE OFF.

I THINK AT THIS STAGE WITH WHAT WE'RE DOING.

IT'S DEFINITELY AN UPGRADE TO THE TRAFFIC ISSUE OF WHAT COULD HAVE BEEN.

NOT THAT THAT'S REAL BECAUSE IT'S TOO MUCH RETAIL IN THAT LOCATION.

IT COULDN'T GO. BUT JUST A FOOD FOR THOUGHT.

OKAY. THANK YOU.

ALL RIGHT. ANYONE ON THE COMMISSION HAVE ANY FURTHER COMMENTS? QUESTIONS? CAN I ASK ONE MORE THING TO JUST YET? YES, SIR. AND I ALMOST FORGOT WHAT IT IS.

WE'RE TALKING ABOUT THE TRAFFIC AND THE COMING OFF OF WICKER HILL TODAY.

AT CERTAIN HOURS OF THE DAY, IT CAN TAKE YOU SEVERAL MINUTES TO GET ONTO WILSHIRE TO HEAD EITHER DIRECTION.

BUT WHEN WE BOUGHT THIS PROPERTY, WE WEREN'T IGNORANT ENOUGH TO REALIZE THAT THAT WAS A HUGE SPOT FOR DEVELOPMENT AND WHAT WE WERE WILLING TO TAKE A CHANCE THAT WE COULD OUTLIVE IT.

AND BUT IF, AS IT DOES COME UP FOR REZONING AGAIN, I'LL STAND HERE AGAIN AND SPEAK AGAINST ANY KIND OF REZONING YOU HAVE. SO THANK YOU.

ALL RIGHT. THANK YOU, MR. BUTLER. ALL RIGHT.

ONE MORE TIME. ANYBODY ON THE COMMISSION HAVE ANYTHING TO LIDON I'VE GOT A QUESTION.

WHEN WE LOOK AT THIS, IF I UNDERSTOOD YOU CORRECTLY THE CITY'S CONCERN IN SORT OF NOT RECOMMENDING APPROVAL IS THAT IT'S.

THE REQUEST IS FOR ONE PLAN DEVELOPMENT ZONE OVER THE WHOLE THING.

AND SO I MAY BE EXTENDING THIS IN MY BRAIN WRONG, BUT IS THE CITY WANTING SORT OF MULTIPLE ZONES PERHAPS REQUESTED HERE, MEANING THAT THE PORTION ON THE BOTTOM THAT'S RETAIL DEVELOPMENT BE PLANNED, YOU KNOW, TO CHANGE TO COMMERCIAL AND THEN ZONED COMMERCIAL, WHEREAS THE OTHER BACK SPACES ARE, YOU KNOW, REQUESTED ZONED FOR EITHER PLANNED DEVELOPMENT OR SINGLE FAMILY MULTIFAMILY OR WHATEVER THE DIFFERENT SORT OF CATEGORIES MAY BE. IS, IS THAT WHAT THE CITY IS LOOKING FOR? SO STAFF'S CHARGE GENERALLY IS TO ENSURE THE PROPOSAL IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN FOR THIS PARCEL.

THE COMPREHENSIVE PLAN IS COMMUNITY COMMERCIAL.

SO WHAT WE LOOKED AT IS YOU HAVE 40 ACRES AND APPROXIMATELY 30 ACRES OF IT ARE IN CONFORMANCE WITH THAT COMPREHENSIVE PLAN DESIGNATION.

SO THAT'S PRIMARILY OUR FIRST ENTERING.

YOU KNOW, WHAT STAFF LOOKS AT.

IS IT IN CONFORMANCE WITH THE COMPREHENSIVE PLAN.

THAT'S WHAT OUR CHARGE IS, AS STAFF IS TO SAY.

DOES IT OR DOES IT NOT MEET THE COMPREHENSIVE PLAN? IF WE HAD A PROPOSAL THAT WAS JUST THE FRONT STRIP FOR A BASE ZONE OF GENERAL RETAIL, HYPOTHETICALLY, THAT WOULD MEET THE COMPREHENSIVE PLAN AND STAFF WOULD VALUE THEN THE MERITS OF THAT PROPOSAL IN CONJUNCTION WITH THE COMPREHENSIVE PLAN AND MAKE A RECOMMENDATION MOST LIKELY APPROVAL.

DON'T WANT TO GET TOO HYPOTHETICAL.

I DON'T KNOW WHAT THAT WOULD LOOK LIKE.

THIS PROPOSAL, THE TWO PRIMARY THINGS WE LOOKED AT ONE, THE COMPREHENSIVE PLAN, NOT IN CONFORMANCE WITH THAT.

AND THE OTHER WAS WHAT MECHANISMS ARE IN THE PROPOSED APPLICANT'S REQUEST THAT WOULD ENSURE THAT WE WOULD AT LEAST GET THE COMPREHENSIVE COMP PLAN COMPONENTS THERE ON SITE.

[00:35:06]

DON'T HAVE THOSE IN WHAT STAFF IS KIND OF SEEING SOME OTHER DEVELOPMENTS THAT WE'VE APPROVED WITH THAT PHASING KIND OF COMPONENT IN IT.

WE ALSO LOOK AT, YOU KNOW, THERE'S OTHER THINGS.

WE LOOK AT ADJACENT LOT SIZES.

IS IT COMPLIMENTARY TO, YOU KNOW, IS IT ALL FIVE ACRE LOTS AROUND IT.

DO WE GO AND PUT A 1000 SQUARE FOOT LOT NEXT TO IT? IT'S NOT COMPLIMENTARY.

SO WE ARE LOOKING AT A MYRIAD OF THINGS, BUT PRIMARILY THE PERSONALLY YOU KNOW, IT'S NOT PERSONAL.

LIKE IT'S NOT LIKE WE SAY THIS IS A BAD PROJECT OR ANYTHING.

IT'S JUST THAT THIS PROPOSAL AND THIS LOCATION DOESN'T MEET THE COMPREHENSIVE PLAN.

AND THERE ARE SOME ELEMENTS THAT STAFF WOULD HAVE PREFERRED TO SEE TO ENSURE THAT THE COMPREHENSIVE COMPLEMENTARY ELEMENTS ARE ASSURED IN THE DEVELOPMENT.

SO WHAT HAPPENS IS WE HAVE PRE-DEVELOPMENT MEETINGS, WE PROVIDE COMMENTS.

THEN WE HAVE PHONE CALLS, EMAILS, OFFICIAL SUBMITTALS AND DAC REVIEWS, WHERE WE PROVIDED RECOMMENDATIONS OF OTHER PROPOSALS THAT HAD PHASED IN. WE PROVIDE OUR COMMENTS.

AT THE END OF THE DAY, THEY BRING FORWARD THE REQUESTS THAT THEY WOULD LIKE TO BRING FORWARD.

THIS IS THE REQUEST THAT THEY'VE BROUGHT FORWARD.

SOME OF THE COMMENTS THEY HAVE, YOU KNOW, SUGGESTIONS, I WOULD SAY THEY'VE TAKEN ON BOARD OTHERS, THEY DON'T HAVE TO.

IT'S THEIR PROPOSAL.

AT THE END OF THE DAY, THOUGH, STAFF'S RECOMMENDATION IS BASED OFF OF WHAT WE HAVE IN FRONT OF US, NOT, YOU KNOW, WHAT COULD BE OR WHAT'S IN THE, YOU KNOW, THE DEVIL'S WHAT'S WRITTEN ON PAPER AND IT DOESN'T MEET THE COMP PLAN.

SO THAT'S WHERE OUR RECOMMENDATION COMES.

IT'S NOT A WE'RE NOT OUT THERE TO SAY THIS IS A BAD PROJECT OR WE HATE THE PROJECT.

OR THAT WE WOULDN'T EVEN LIKE TO SEE THIS.

ALL WE'RE SAYING IS, DOES IT MEET THE COMP PLAN AND STAFF'S CHARGE IS TO GIVE YOU A RECOMMENDATION BASED OFF CONFORMANCE OR NOT CONFORMANCE WITH THE COMPREHENSIVE PLAN? YES, SIR.

LIDON. YES, SIR.

SO YOU'RE. THE COMPREHENSIVE PLAN WOULD ACTUALLY RATHER THIS BE ALL COMMERCIAL.

IS THAT AM I IS THAT WHAT I'M GETTING? THE COMPREHENSIVE PLAN HAS THIS AS DESIGNATED AS A COMMUNITY COMMERCIAL THAT COULD LOOK LIKE A MYRIAD OF THINGS, WHETHER THAT, YOU KNOW, THAT'S NOT NECESSARILY MEANS 40 STRAIGHT ACRES OF BUILDINGS, BUT IT'S THAT WHAT THE COMP PLAN CALLS OUT AS COMMUNITY COMMERCIAL.

SO IF THIS WAS ALL, YOU KNOW, TRACTOR SUPPLIES AND EVERYTHING KIND OF INTEGRATED THROUGHOUT HERE AND IT MET THE COMP PLAN, THEN WE WOULD JUST LOOK AT THE PROPOSAL.

DOES IT MEET OUR OTHER ORDINANCES, DOES IT MEET OUR OTHER STANDARDS, AND THAT WE'D MAKE THAT RECOMMENDATION THAT IT IS IN CONFORMANCE? BUT TO ANSWER YOUR QUESTION, THIS WHOLE PARCEL IS IN THE COMMUNITY COMMERCIAL DESIGNATION.

YOU RATHER HAVE COMMERCIAL AS THE WHOLE THING.

IT'S NOT WHAT I WOULD RATHER HAVE.

IT'S JUST WHAT THE. YEAH.

BECAUSE, NOTHING TO DO WITH LIDON PEARCE.

I CAN'T AFFORD THE PROPERTY.

I'M NOT SAYING IF I COULD, YOU KNOW, I'D PUT A LITTLE RENAISSANCE CASTLE OUT THERE AND SURROUNDED BY OAK TREES.

BUT THAT'S WHAT I WAS ASKING WITH THE COMPREHENSIVE PLAN SAYS.

YES, SIR. I I'VE READING DOWN HERE.

IT SAYS STAFF IS DETERMINED THAT THE REQUESTED ZONING DISTRICT AND USE PARTIALLY ALIGNS WITH THE COMPREHENSIVE PLAN.

PARTIALLY ALIGNS, HOWEVER, WITHOUT PHASING TO REQUIRE A PORTION OF THE RETAIL COMPONENT TO BE BUILT PRIOR TO THE TOWNHOMES. STAFF RECOMMENDS DISAPPROVAL OF THE REQUEST AS CURRENTLY REQUESTED BY THE APPLICANT.

SO WHAT YOU'RE WHAT THAT ACTUALLY SAYS TO ME, I THINK, IS IF THEY WERE TO BUILD ALL THOSE PROPERTIES RIGHT THERE AS COMMERCIAL, THEN YOU IT WOULD SATISFY THE COMP PLAN AND THEN THEY COULD GO AHEAD AND BUILD THE REST OF IT IN THE BACK.

BUT MY PROBLEM WITH THAT IS, IS THAT USUALLY RETAIL BUSINESSES LIKE TO COME TO PLACES THAT HAVE PEOPLE AROUND THEM THAT WILL BUY THEIR PRODUCT.

AND SO ASKING SOMEONE TO BUILD A, YOU KNOW, BUILD ALL THESE COMMERCIAL AND THE PHASING MEANING A TIMELINE. WELL YEAH, I'LL CLARIFY THAT.

SO FOR PHASING YOU KNOW, WE PROVIDED SOME DIFFERENT EXAMPLES.

GENERALLY WHAT WE'VE SEEN COUNCIL HAS PREVIOUSLY APPROVED IS AND I'M JUST GOING TO USE ARBITRARY NUMBERS.

THIS HAS NOTHING TO DO WITH THEIR PROPOSAL OR THEIR NUMBERS.

APPLICANT PROPOSES 400 TOWNHOMES PD SAYS THAT YOU CAN BUILD 200 OF THOSE TOWNHOMES.

BUT BEFORE YOU BUILD THE 201ST TOWNHOME, YOU HAVE TO HAVE X PERCENTAGE OF RETAIL DEVELOPED.

[00:40:02]

SO WHAT THAT GENERALLY MEANS IS DEVELOPER COMES IN AND BUILDS 200 TOWNHOMES, HAS SOME ROOFTOPS IN THE AREA.

AND THEY BUILD 20% ARE TWO OR HOWEVER THEY WANT TO PROPOSE IT AND WHATEVER COUNCIL IS ULTIMATELY COMFORTABLE WITH, THEY BUILD 20% OF THE RETAIL.

NOW I CAN BUILD MY OTHER 200 TOWNHOMES AND THEN COME AND BUILD THE OTHER 80% OF RETAIL.

THIS PD AS PROPOSED DOESN'T HAVE ANY DOESN'T HAVE THAT.

SO GENERALLY THAT IS WHAT STAFF HAS RECOMMENDED WHEN WE SEE THIS TYPE OF PROPOSALS IS HEY, BUILD 300 TOWNHOMES, THEN GIVE US 20% OR 50%.

YOU GIVE US A NUMBER. WE DON'T DICTATE THAT.

WE WANT THEM TO PROVIDE THAT OF RETAIL.

SO YOU GET ROOFTOPS, GIVE US A LITTLE BIT OF RETAIL.

SO IT'S NOT JUST A DIRT FIELD FOREVER.

SO WE GET SOMETHING AND YOU COME BACK AND PUT THE REST OF YOUR ROOFTOPS.

AND THEN WE'LL GET THE REST OF THE RETAIL WHEN IT COMES IN.

THAT IS GENERALLY HOW THE PHASE IT'S NOT.

STAFF WANTS TO SEE 100% OF RETAIL BEFORE YOU GET A SINGLE ROOFTOP.

THE LAST PROPOSAL WE HAD LIKE THIS, THEY GOT ABOUT 60% OF THEIR ROOFTOPS, AND THEN THEY HAD TO BUILD TWO PAD SITES.

TWO. AND THEN THEY COULD GET THE OTHER 40% OF THE ROOFTOPS.

AND THEN WHENEVER THEY WANTED TO BUILD THE OTHER RETAIL PAD SITES, IF THEY EVER EVEN GET BUILT.

SO IT'S NOT 100% BEFORE YOU GET ANYTHING.

IT'S A GIVE AND TAKE TO ENSURE THAT SOMETHING FROM THE COMP PLAN IS THERE IN THE DEVELOPMENT.

IT'S NOT 100%.

SO DOES THAT MAKE SENSE? WELL, I THINK THERE FROM WHAT THIS LOOKS LIKE IT LOOKS LIKE THEY'RE PROPOSING PADS TO BE BUILT.

YEAH. SO I JUST WANT TO CAUTION ON THAT.

I WANT TO CAUTION JUST LOOKING AT THE PRETTY PICTURE.

SO YEAH I'M LOOKING AT THE LANGUAGE BECAUSE AT THE END OF THE DAY IT GETS APPROVED.

THIS IS JUST THIS THIS IS WHAT, TEN YEARS FROM NOW, IF THEY COME AND DEVELOP THESE WORDS ARE WHAT STAFF'S GOT TO GO BY.

AND SO THEY COME IN PRETTY PICTURE BUILD AND I'M NOT THIS PROJECT, ANY PROJECT BUILD MY 400 TOWNHOMES HAVE ALL THIS STUFF UP FRONT, LEAVE TOWN WHATEVER SELL OFF THOSE PADS NEVER GETS DEVELOPED.

POTENTIALLY, THERE'S NOTHING FOR STAFF, THERE'S NO MECHANISM THERE THAT THE LANGUAGE IS WHAT WE HAVE TO USE FOR THE DEVELOPMENT.

SO YOU HAVE A POOL ON HERE, RIGHT? IF THERE'S NO LANGUAGE IN HERE THAT SAYS A POOL SHALL BE BUILT PRIOR TO 80% OF THE TOWNHOMES, THEN IT'S JUST A THING ON A PITCHER.

SO THE LANGUAGE IS WHAT'S THE GOVERNING DOCUMENT IN THE ORDINANCE.

SO I AGREE THEY ARE SHOWING RETAIL.

AND IF THIS COULD JUST SNAP OUR FINGERS AND ALL BE THERE TODAY, THAT WOULD BE GREAT.

WHAT STAFF WAS LOOKING FOR WAS SOMETHING THAT GUARANTEES THAT IT BEFORE YOU JUST BUILD ALL THE TOWNHOMES, THERE WILL BE SOME COMPONENT OF THE COMPREHENSIVE PLAN MET WITH THE DEVELOPMENT BEFORE YOU HAVE A FULL BUILD OUT OF ALL THE NON COMPREHENSIVE PLAN ITEMS. I GUESS THAT'S WHAT I WOULD HAVE A PROBLEM WITH ON THE COMPREHENSIVE PLAN THAT WAS WRITTEN IN 2010, IN THAT, YOU KNOW, WE'RE TRYING TO MAKE A TIMELINE WHEN IT'S DIFFICULT TO SAY, YOU KNOW, I DON'T SEE ANY REASON WHY RETAIL WOULDN'T COME IN BECAUSE IT'S TRACTOR SUPPLY IS RIGHT THERE.

YEAH. I MEAN, IT'S RETAIL.

IT'S IN A GOOD AREA FOR RETAIL.

YEAH. AND THERE'S NO ROOFTOPS.

BUT YOU CAN'T I CAN SEE THEIR POINT IN TRYING TO PROMISE SOMETHING THAT THEY CAN'T DELIVER UNTIL THERE'S INTEREST FROM, YOU KNOW, FROM A RETAILER.

WELL, AND YEAH, YOU KNOW THAT'S WHAT I WOULD HAVE.

YEAH. NO, THAT'S WHAT THE ISSUE I HAVE IS THE TIME IS THE THERE'S NO.

YEAH. IT'S JUST A PHASING.

IT'S JUST DOING GUARANTEE THAT YOU DON'T GET ALL THE TOWNHOMES AND NOTHING ELSE.

SO THAT'S THE MECHANISM THAT A LOT OF CITIES PUT IN THE PD ORDINANCES IS THAT WE'RE GOING TO GIVE YOU A LARGE, WE'RE GOING TO GIVE YOU A GOOD CHUNK OF YOUR ROOFTOPS.

AND THEN WE WANT TO SEE SOME OF THE RETAIL DEVELOPMENT BEFORE YOU PUT IN THE REST.

SO THAT'S JUST STAFF'S RECOMMENDATION.

THE APPLICANT HASN'T PROPOSED THAT.

SO REALLY WHAT YOU HAVE BEFORE YOU IS THE PROPOSAL THAT THEY'D LIKE TO PRESENT.

STAFF'S RECOMMENDATION IS JUST STAFF'S RECOMMENDATION.

JUST TO CLARIFY SOMETHING FURTHER ON THE PAD, SITES THEMSELVES WILL NOT BE POURED.

THAT WILL JUST BE GREEN SPACE IN THE FRONT UNTIL THE DEVELOPER CONTRACTS WITH SOMEBODY FOR PAD SITE.

THERE'S NO LANGUAGE IN THIS PD THAT THAT TELLS YOU WHAT THAT THAT THAT WILL OCCUR OR HOW THAT WILL HAPPEN.

AND SO WHAT STAFF HAS TO GO BY IS WHAT'S WRITTEN IN THE PROPOSED ORDINANCE.

[00:45:03]

SO WHAT? STAFF WAS NOT LOOKING FOR WAS YOU GO OUT THERE AND POUR A SPECIFIC SQUARE FOOTAGE AND SHAPED PAD.

IT WAS BEFORE YOU BUILD.

YEAH, I GOT THAT.

I'M JUST SAYING THAT WHAT WE'RE LOOKING AT IS NOT NECESSARILY WHAT IT'S GOING TO BE, BECAUSE IT MAY BE FOUR PAD SITES ACROSS THE WHOLE SITE. TRUE.

VERSUS WHAT IS IT, NINE? YEAH, IT COULD BE A MYRIAD OF THINGS.

YEAH. MCDONALD'S OR A STRIP MALL OR IT COULD.

THOSE COULD CHANGE. YES, DEFINITELY.

YES, SIR. YEAH, I'M PRETTY BIG ON THE DETAILS.

YOU HEAR PROMISES AND GUARANTEES AND STUFF LIKE THAT.

I WOULD HAVE LIKED TO HAVE SEEN SOME TYPE OF PHASING ON WHAT YOU'RE TALKING ABOUT, LIKE A GENERAL RETAIL OR SOMETHING LIKE THAT, WHERE THAT'S A LITTLE BIT MORE OF A GUARANTEE AND I KNOW THAT ONCE THE RESIDENTIAL PART STARTED, THE PROJECT COULD STILL BE SOLD OFF.

AND IT COULD SOMETHING COULD STILL COME IN AFTERWARDS.

A FEW YEARS BACK, WE'VE SEEN A COVID MESS WITH DIFFERENT PROJECTS THROUGHOUT THE METROPLEX WHERE RETAIL NEVER HAPPENED.

I UNDERSTAND THAT THE COMP PLAN IS OLDER, BUT IT'S STILL SORT OF A GUIDELINES, BECAUSE WHATEVER HAPPENS HERE, WHATEVER ENDS UP BEING THE FINAL PRODUCT EVEN PARTWAY THROUGH IT, SETS THE PRECEDENT UP AND DOWN.

174 FOR BURLESON.

AND YOU CAN HAVE THE NEXT LANDOWNER COME IN AND SAY, WELL, THEY GOT BY WITH THIS, THEN THE CITY SORT OF STUCK, THEN THEY HAVE TO DO THE SAME AND ALLOW IT.

I WOULD REALLY LIKE TO SEE PHASING LIKE A GENERAL RETAIL SECOND PHASE OR THIRD PHASE OR SOMETHING LIKE THAT.

I'M IN AGREEMENT WITH THE CITY ON THIS ONE.

LIKE I SAID, EVEN THOUGH THE COMP PLAN IS A LITTLE OLDER, I THINK IT STILL FITS A PROJECT LIKE THIS I THINK COULD FIT INTO BURLESON EASILY.

I JUST DON'T THINK IT MEETS THE REQUIREMENTS OF WHAT THE CITY HAS SET FORTH.

ALL RIGHT. THANKS, BILL.

IS THERE ANY OTHER COMMENTS FROM THE COMMISSION? YEAH, JUST ONE THING.

I THINK THAT REGARDLESS OF WHERE THIS GOES HERE TODAY, WHATEVER GOES FORWARD TO THE CITY COUNCIL, I WOULD LIKE MY QUESTIONS OR MY CONCERNS REFLECTED IN THE NOTES TO THE COUNCIL.

THAT DENSITY IS A LITTLE BIT OF AN ISSUE.

THE ENTRANCES ON THE WILSHIRE IS AN ISSUE AND THE LACK OF GREEN SPACE.

THOSE THREE THINGS NEED TO BE AT LEAST LISTED AS PART OF WHAT GOES FORWARD TO THE COUNCIL.

SO WE DO JUST ASK THAT WE PROVIDE MINUTES WHICH WILL HAVE ALL THAT.

AND ALSO WHEN I UPDATE THE PRESENTATION FOR COUNCIL, WE DO PUT KIND OF A BRIEF SYNOPSIS.

YES, THAT WILL BE VERY BRIEF, BUT THEY ALSO GET THE MINUTES REPORT, WHICH WILL BE MORE DETAILED WITH SOME OF THE MORE BROADER DISCUSSION.

BUT IT WILL HAVE YOUR HIGHLIGHTS AND THE POINTS OF AS FAR AS CONCERNS.

YES, SIR. DOES THE RESIDENTIAL AREAS MEET THE DENSITY REQUIREMENTS AS OUTLINED? SO THERE'S NO DENSITY REQUIREMENTS IN A PLANNED DEVELOPMENT.

SO A PLANNED DEVELOPMENT, THEY PROPOSE THEIR OWN DENSITY.

THEY'VE PROPOSED A MAX DENSITY OF 12 DWELLING UNITS PER ACRE.

SO YOU COULD COMPARE THAT TO OTHER ZONING DISTRICTS.

BUT SINCE THIS DOESN'T HAVE A IT'S NOT A BASE ZONING.

THERE'S NO PRE-DESCRIBED MAX DENSITY.

THEY COULD HAVE REQUESTED 100 OR FOUR YOU KNOW, THEIR PROPOSALS IN THIS CASE IS JUST NO MORE THAN 12.

BUT WE DIDN'T MEET IT.

WOULD IT MEET THE STANDARD? IF IT WAS A DIFFERENT DEVELOPMENT? IT WOULD DEPEND ON THAT ZONING DISTRICT.

IF THIS WAS A SINGLE FAMILY, THEN IT WOULD NOT IF IT WERE A MULTIFAMILY THEN IT WOULD MEET.

IT JUST DEPENDS ON WHAT ZONING DISTRICT WE WERE TO OVERLAY.

IF WE'RE TALKING ABOUT ZONING DISTRICTS TO MEET THE COMP PLAN, THEN THERE'S NO RESIDENTIAL CONSIDERED.

SO IT WOULD BE MORE DENSE THAN A OBVIOUSLY A SINGLE FAMILY DETACHED ZONING DISTRICTS AND MAYBE LESS DENSE THAN OUR MF TWO, WHICH IS 24 DWELLING, BUT OUR MF ONE IS 12.

I BELIEVE I'LL HAVE IT IN FRONT OF ME, BUT I BELIEVE THOSE ARE THE NUMBERS.

WOULD IT BE APPROPRIATE TO TABLE THIS AND ASK THAT IT BE REPRESENTED TO US AT A NOT TOO DISTANT POINT IN THE FUTURE WITH SOME PHASING, SORT OF WORKED INTO THIS LANGUAGE? SO THAT'S THAT THIS IS THE APPLICANT'S REQUEST.

SO STAFF HAS MADE THE COMMENT MULTIPLE TIMES.

SO JUST A RECOMMENDATION OR SUGGESTION WE RECOMMEND YOU PUT IN SOME PHASING.

WE RECOMMEND THIS AT THE END OF THE DAY, WITH A PLANNED DEVELOPMENT.

THIS IS THEIR REQUEST.

THIS IS WHAT THEY'VE BROUGHT FORWARD.

[00:50:01]

SO STAFF CAN'T SAY YOU HAVE TO PUT THAT IN BEFORE YOU CAN BRING IT BACK.

IF THE APPLICANT WANTED REQUESTED TO TABLE IT TO MAKE SOME CHANGES, THAT THAT WOULD BE SOMETHING THEY COULD REQUEST OF REQUEST OF YOU.

BUT THIS IN ITS OF WHAT'S PRESENTED, I, I WOULDN'T ADVISE THAT UNLESS THEY REQUEST IT, TO BE HONEST.

IT'S JUST MY PROFESSIONAL OPINION BECAUSE WE CAN'T COMPEL THEM TO SAY YOU HAVE TO.

IT'S JUST A RECOMMENDATION.

IF IT WAS A BASE ZONING, THEN WE CAN SAY YOU HAVE TO MEET THESE REQUIREMENTS OF THE ORDINANCES UNLESS YOU HAVE A WAIVER.

BUT IN THIS CASE, THEY'RE PROPOSING THEIR OWN STANDARDS, IF YOU WILL.

AND THIS PROJECT WAS JUST FOR BACKGROUND SUBMITTED BACK IN 2023.

SO THEY'VE HAD A LOT OF THAT TALKS FOR.

IT'S NOT LIKE THIS WAS BROUGHT UP YESTERDAY OR ANYTHING JUST TO BE TRANSPARENT.

OKAY. ANYTHING ELSE? YOU GOT ONE OUT HERE. I'M SORRY.

YES, MA'AM. YEAH.

YOU CAN COME UP TO THE PODIUM AND SPEAK.

MA'AM, IF YOU WOULD LIKE TO SPEAK.

YOU NEED TO COME TO THE PODIUM.

PLEASE GIVE US YOUR NAME AND ADDRESS, PLEASE.

MARY LOU BUTLER, 213 WICKER HILL ROAD.

MY HUSBAND SPOKE PREVIOUSLY, AND ONE OF OUR BIG CONCERNS.

WE'RE BOTH RETIRED EDUCATORS.

AND OUR ONE OF OUR BIGGEST CONCERNS IS THE OVERCROWDING, ESPECIALLY OF CHILDREN ON THIS KIND OF DEVELOPMENT.

AT THE PRESENT TIME, ALL THAT GOES TO JOSHUA ISD.

IT DOES NOT GO TO BURLESON.

SO THE BUSSES UP AND DOWN THAT ROAD DELIVERING CHILDREN ARE AND PICKING CHILDREN UP IS PRETTY SIGNIFICANT, BUT PROBABLY OUR MAIN THING IS THE TRAFFIC AND BEING ABLE TO LEAVE OUR STREET EVEN TO GET UP ON WICKER HILL.

I DON'T KNOW HOW MANY OF Y'ALL LIVE OUT ANYWHERE OUT CLOSE TO THERE, BUT IT IS ABSOLUTELY CRAZY.

AND SOMETIMES THE WAIT IS MULTIPLE TIMES.

THERE'S NO TRAFFIC LIGHT THERE.

SO THAT IS ANOTHER ISSUE.

BUT WE WERE CONCERNED.

OUR CONCERN WAS THE ZONING FOR SCHOOLS, ESPECIALLY UNLESS THERE'S A PLAN TO BUILD NEW SCHOOL OVER THERE.

THESE KIDDOS GO TO NORTH, WHICH IS BURLESON, I MEAN, WHICH IS JOSHUA, EXCUSE ME.

AND THOSE RIGHT NOW, AS I UNDERSTAND IT, NORTH IS JUST BUSTING AT THE SEAMS. SO ANYWAY, THAT WAS JUST ANOTHER ONE OF OUR CONCERNS.

SO THAT'S ALL.

I JUST WANTED TO SAY THAT.

OKAY.

WASN'T GOING TO SPEAK, SO THAT'S ALL.

NO WORRIES. WAS THERE ANYONE ELSE FROM THE AUDIENCE THAT HASN'T SPOKEN YET THAT WANTED TO? I KNOW THERE'S A COUPLE THAT HAVE COME IN.

NO. YEAH.

RIGHT NOW I'VE GOT A COUPLE OF THE QUESTIONS YOU MENTIONED? PART OF IT WOULD BE A THREE STORY MAXIMUM, AND PART OF IT WOULD BE ONE STORY.

ARE THESE COMP PLAN RESTRICTIONS? THESE ARE STANDARDS THAT THE APPLICANT PROPOSED.

SO IN THE ONE SECTION JUST MEANS THEY COULDN'T BUILD MORE THAN THREE.

AND THE OTHER ONES, THEY CAN'T BUILD MORE THAN ONE.

OKAY. AND ON A THREE STORY, WHAT WOULD BE THE MAXIMUM HEIGHT OF THE ROOFTOP? I BELIEVE IT'S 40 OR 45FT.

OKAY. I DIDN'T KNOW IF IT HAD.

I KNOW THAT THERE'S SOMEWHERE AROUND TOWN, LIKE A 48 TO 50 FOOT, AND I DIDN'T KNOW IF.

YEAH. SO IN THIS CASE, WOULD IT BE IN A PLANNED DEVELOPMENT? THEY COULD HAVE PROPOSED 20FT IF THEY WANTED, OR 20 STORIES, YOU KNOW.

THEY CAN KIND OF PROPOSE THEIR OWN HEIGHTS.

NOW, THERE MAY BE AN AIRPORT OR SOMETHING.

YOU KNOW, THOSE TYPE OF CONSIDERATIONS.

BUT IN THIS CASE, THEY'VE JUST PROPOSED DIFFERENT HEIGHTS FOR THE DIFFERENT PRODUCTS.

THAT'S GOOD.

THE PROPOSALS WOULD HAVE TO BE APPROVED.

SAY AGAIN. THE PROPOSALS WOULD HAVE TO BE APPROVED.

IS THAT RIGHT? PROPOSALS FOR.

I'M SORRY. MORE SPECIFIC.

IF THE ZONING WAS APPROVED TODAY, THEN ALL THEY HAVE TO DO IS MEET THE BUILDING CODE.

SO THEY WOULD SUBMIT THEIR TOWNHOMES, SHOW THAT THEY HAVE THE FIRE RATED WALLS.

THEY GOT THE YOU KNOW, ALL THOSE BUILDING CODE COMPONENTS WOULD HAVE TO BE MET.

AND THEN WHAT WOULD HAPPEN IS THE BUILDING REVIEW PLANS EXAMINER WOULD SAY, OH, THIS IS FOUR STORIES.

THEIR ZONING ONLY ALLOWS THREE STORIES.

DENIED. THEY'D HAVE TO RESUBMIT KNOCKING IT DOWN TO THREE STORIES.

SO THAT'S THE MECHANISM THERE.

BUT IT'S BUILDING CODE AFTER THE ZONING.

THEY JUST MAKE SURE IT MEETS THE 2021 CODES.

LARRY MILLER, BACK TO THE PODIUM.

[00:55:01]

I'M SURE YOU'VE DEALT WITH STIPULATIONS ON THESE KINDS OF PROJECTS TO MODIFY AND MANAGE A LITTLE BIT THE DIFFERENT ISSUES THAT ARE HERE.

YOU'VE ALL HAD THAT, I'M SURE, RIGHT? SO I MISSED THE THREE STORY.

I CAN STIPULATE RIGHT NOW THAT IT WON'T BE ANY GREATER THAN TWO STORIES.

AND THAT'S ON THE TOWNHOMES.

NUMBER ONE, NUMBER TWO, PUTTING THAT TRAFFIC SIGNAL IN IS GERMANE FOR THIS PROJECT.

IT NEEDS IT, IT HAS TO HAVE IT.

IT WILL HELP THE TRAFFIC ISSUE.

SO THERE WON'T BE ANY CONCERNS ABOUT THOSE KINDS OF PROBLEMS. ONE THING THAT STAFF BROUGHT UP WAS THE THOUGHT PROCESS OF HAVING A PHASING PLAN, WHERE A CERTAIN AMOUNT OF RETAIL IS BUILT BEFORE YOU CAN CONTINUE WITH YOUR PROJECT.

I GOT BROUGHT A PROJECT THAT HAD THAT STIPULATION NOT LONG AGO TO BUY BECAUSE THE DEVELOPER WASN'T ABLE TO MOVE FORWARD WITH THE PROJECT.

AND I LOOKED AT IT AND I SAID, THIS IS A REALLY GOOD LOOKING PROJECT.

IT'S SIMILAR TO OURS.

AND I THOUGHT, YOU KNOW, I DON'T UNDERSTAND.

THE GUY SHOULD BE GOING FORWARD WITH THIS.

WHEN I LOOKED INTO THE APPROVAL PROCESS, HE HAD THAT PHASING REQUIREMENT.

THE LENDER TO BUILD THE TOWNHOMES WOULDN'T FUND BECAUSE HE SAID, WAIT A MINUTE, YOU MEAN I MIGHT GET STOPPED IN THE MIDDLE OF MY PROJECT BECAUSE I DON'T HAVE ENOUGH RETAIL? THEY DON'T DO RETAIL.

THEY DO TOWNHOMES.

THEY'RE NOT A RETAIL DEVELOPER.

SO WHAT ARE WE DOING? AND THE DEAL I PASSED ON THE DEAL, TOO, BECAUSE THEY DIDN'T WANT TO HAVE THE RESTRICTION OF HAVING TO BUILD RETAIL WHEN WE'RE MARKETING PADS FOR SALE AND PADS FOR BUILD TO SUIT, AND WE'RE NOT THE RETAILER.

SO THAT'S PART OF THE PROBLEM WITH WHEN A DEVELOPMENT HAS A RESTRICTION ON MOVING FORWARD TO FINISH THEIR PROJECT, BECAUSE ANOTHER TYPE OF PRODUCT MIGHT HAVE TO GET BUILT.

AND WHAT I'LL AGREE TO STIPULATE TO IS THAT WE WILL FINISH THE OFFSITE INFRASTRUCTURE, PUT THE LANDSCAPING IN AND BUILD NOT A CONCRETE PAD, BUT THE PAD FOR A CONCRETE PAD.

WE'LL FINISH THE TOP AND PUT THE LANDSCAPING IN, AND ALL THE INFRASTRUCTURE FOR THE UTILITIES WILL GO TO ALL THE DIFFERENT PADS.

AND SOMEONE BROUGHT UP.

THAT ISN'T EXACTLY WHAT THE PADS WILL BE.

IT'S A CARICATURE PICTURE.

BUT WHEN THE TENANTS DO COME, MIGHT HAVE TO MODIFY PART OF IT TO MAKE IT WORK FOR THE TENANT, WHICH IS WHAT WE'LL DO.

THAT'S WHAT WE WANT.

SO IF THE PHASING PLAN CAN INCLUDE THAT, WE'LL MAKE IT NEAT, CLEAN, PUT THE POWER OF IT, THE PROPERTY OWNERS ASSOCIATION IN PLACE TO MAINTAIN IT AND MANAGE IT AND KEEP IT CLEAN AND MAKE THE WHOLE PLACE LOOK GREAT.

I HAVE NO PROBLEM DOING THAT.

SO BOTH THE HEIGHT.

I MISSED THAT PART.

SO I DON'T THINK THERE WAS A COMMENT NECESSARILY THAT SAID YOU NEED TO CHANGE YOUR HEIGHTS OR JUST, IF I MAY, WITH STAFF.

THAT'S NOT WHAT'S IN THE DOCUMENT TODAY.

IF THE APPLICANT WANTS TO TABLE OR PULL THE REQUEST TO MAKE THOSE CHANGES, THAT THAT'S FINE.

BUT STAFF HASN'T REVIEWED WHAT YOU'RE PROPOSING.

IT'S NOT IN THE LANGUAGE AS YOU SPOKE.

SO THAT THAT IS SOMETHING THAT WE WOULD NEED TO LOOK AT IF THAT WAS IF THAT'S WHAT YOU AND YOUR TEAM WANTED TO DO.

WELL, WE COULD MAKE THE STIPULATION HERE TONIGHT AND IT WORKS JUST FINE.

WE DON'T NEED TO GO BACK AND, YOU KNOW, MANAGE IT BECAUSE IT'S VERY SIMPLE.

I AGREE NOT TO HAVE THREE STORY.

WE'LL DO TWO STORY ONLY.

AND I AGREE TO STIPULATE TO PUT THE OFFSITE INFRASTRUCTURE IN FOR THE RETAIL AND THE LANDSCAPING.

AND THAT WOULD HELP ACCELERATE IF A RETAILER WANTS TO COME WHEN IT'S WHEN IT'S NEAT AND CLEAN LIKE THAT, HE CAN GET TO MARKET REALLY QUICK.

AND HOPEFULLY THAT'LL HELP US GET THE TENANT TO OUR LOCATION INSTEAD OF SOMEONE ELSE'S.

SO THOSE ARE TWO THINGS WE CAN STIPULATE TO TONIGHT TO MAKE ROUND THE EDGES OFF A LITTLE BIT.

OKAY. ALL RIGHT.

THANK YOU, MR. MILLER. APPRECIATE IT.

COMMISSION. ANYTHING ELSE? NO. AND I'M GOING TO CLOSE THE PUBLIC HEARING AT 6:59 P.M., AND I WILL ENTERTAIN A MOTION.

BASED UPON WHAT I'VE SEEN IN THE PAST, I KNOW WHAT THE POSSIBILITIES ARE.

I WILL MAKE A MOTION TO DENY.

I WOULD LIKE TO SEE PHASING ON THIS ONE.

SO I'D LIKE TO MAKE A MOTION TO DENY CASE NUMBER 23370.

I WILL SECOND.

ALL RIGHT. HAVE A MOTION BY BILL AND A SECOND BY ASHLEY.

ALL IN FAVOR, PLEASE RAISE YOUR HANDS.

I'M SORRY.

KEEP THEM UP FOR ME.

ALL OPPOSED? PLEASE RAISE YOUR HANDS.

TWO OPPOSED.

SO THE MOTION DOES PASS.

THE ZONING IS DENIED.

[01:00:04]

CHAIR THE RECOMMENDATION.

THEY STILL HAVE TO GO TO COUNCIL.

I'M SORRY. I JUST WANT TO CLARIFY.

THAT'S JUST A RECOMMENDATION. THEY'LL STILL GO TO COUNCIL FOR ACTION.

ABSOLUTELY. IT WILL BE SEEN BEFORE COUNCIL.

JUST FOR THE RECORD, MR. CHAIR, THIS IS DEFAULT ZONING ON THIS SITE.

SO TYPICALLY, A RECOMMENDATION FOR DENIAL WOULD REQUIRE A SUPERMAJORITY POSTURE OF THE COUNCIL.

THAT IS NOT THE CASE IN THIS PARTICULAR INSTANCE, BECAUSE THIS IS THE FIRST REQUEST FOR ZONING ON THE SITE.

OKAY. THANK YOU FOR THE CLARIFICATION.

ALL RIGHT, MOVING ON TO ITEM FOUR C, 2423 COUNTY ROAD 913.

[4.C. 2420 County Road 913 (Case 24-316): Hold a public hearing and consider a recommendation of approval for an ordinance for a zoning change request from “A” Agriculture to “SFE” Single-family estate district. (Staff Contact: Emilio Sanchez, Development Services Assistant Director)]

CASE 24316.

HOLD A PUBLIC HEARING AND CONSIDER A RECOMMENDATION OF APPROVAL FOR AN ORDINANCE FOR A ZONING CHANGE REQUEST FROM A, AGRICULTURE TO SFA SINGLE FAMILY ESTATE DISTRICT. STAFF PRESENTERS, EMILIO SANCHEZ.

GOOD EVENING. COMMISSIONERS.

EMILIO SANCHEZ, DEVELOPMENT SERVICES.

THE REQUEST THAT'S BEFORE YOU TONIGHT IS FOR 2420, COUNTY ROAD 913.

THE APPLICANTS ARE REQUESTING TO CHANGE THE ZONING FROM DEFAULT AG ZONING TO SINGLE FAMILY ESTATE SO THAT THEY CAN SELL THE PROPERTY ALONG WITH PLAT.

THE PROPERTY AT THE TIME THAT THE APPLICATION FOR REZONING WAS SUBMITTED, THERE WAS NOT A PLAT APPLICATION FILED.

BUT THIS LAST WEEK THEY DID FILE FOR A PLAT AS WELL.

SO THAT IS WORKING ITS WAY THROUGH THE SYSTEM AS THE ZONING CASE GOES BEFORE YOU, AND THEN IT'S ON TO CITY COUNCIL.

THE COMPREHENSIVE PLAN STATES THAT THIS AREA SHOULD BE DESIGNATED AS NEIGHBORHOODS.

THE CURRENT ZONING IS AGRICULTURE, AND THE PROPOSED ZONING OF SINGLE FAMILY ESTATES FITS WITHIN THAT COMPREHENSIVE PLAN NEIGHBORHOODS CATEGORY.

WE DID SEND PUBLIC NOTICES TO THE PROPERTY OWNERS WITHIN 300FT, ALONG WITH PUBLISHED THE NOTICE IN THE NEWSPAPER AND POSTED A SIGN ON THE PROPERTY. AND AT THIS TIME WE HAVE RECEIVED NO FORMAL OPPOSITION OR SUPPORT, PHONE CALLS OR EMAILS OR LETTERS.