Sep 20, 2022 Planning and Zoning Commission

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GOOD EVENING. WE'RE GONNA GO AHEAD AND GET STARTED HERE. GOOD EVENING. THIS IS THE REGULAR

[1. Call to Order / Roll Call]

WOULD YOU PLEASE RISE FOR THE PLEDGE? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD. INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU, EVERYONE. ADAM, NUMBER THREE THIS EVENING IS OUR CONSENT

[3. CONSENT AGENDA]

[CITIZEN COMMENTS]

DOES ANYONE JUST ON ANY GENERIC TOPIC HAVE ANYTHING THEY WOULD LIKE TO BRING TO THE COMMISSION'S ATTENTION BEFORE WE GET INTO OUR FORMAL PUBLIC HEARINGS THIS EVENING. DO WE HAVE ANYONE ONLINE? PERHAPS. ALL RIGHT. WE'LL GO AHEAD AND MOVE ON TO OUR REGULAR AGENDA, THEN

[4. Conduct a Public Hearing, and consider and act upon a request to rezone 13.3± acres from Single Family-15 (SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail development, located on the east side of Preston Road, north of St. Peter Lane. (Z21-0003). This is a companion case to CA21-001. (Z21-0003).]

AND I'LL GO AHEAD AND TURN OVER TO YOU, DAVID. THANK YOU. REQUESTS MENTIONED. SOME SINGLE FAMILY 15. TO A NEW PLAN DEVELOPMENT. TO ALLOW FOR OFFICE AND RETAIL DEVELOPMENT THE APPLICANT IS PRODUCED ARE PROPOSING TO INTRODUCE A NEW, UM , PLAN DEVELOPMENT THAT INCLUDES BUT NOT LIMITED TO NEW USES DEVELOPMENT REGULATIONS AND DESIGN GUIDELINES AND ALL KIND OF WALK US THROUGH. UM SOME OF THE MAJOR POINTS FOR THAT, UM, AS YOU CAN TELL FOR THE ZONING MAP. THE PROPERTY IS LOCATED JUST EAST OF PRESSING AND JUST SOUTH OF COLEMAN STREET. AND THE PROPERTY IS SURROUNDED ON THE NORTH BY A SINGLE FAMILY ZONING , WHICH IS A UM, A PARK, WHICH IS CALLED LET'S SEE YOU AT THE PARK SQUAD, AND ACTUALLY, YOU DON'T HAVE. IT'S JUST A TON OF PROSPER PART. UM TOWARD THE EAST. IT IS ALSO ZONED AS SINGLE FAMILY 15 AND THEN TOWARDS THE SOUTH. IT'S ALSO ZONE AS SINGLE FAMILY 15 TOWARDS THE WEST. DO YOU SEE A RESIDENTIAL LOTS AS WELL, UM, BELIEVE IT'S SINGLE FAMILY 15 OR PD. HMM AS YOU CAN SEE, JUST TO THE SOUTH SORT OF

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IT'S AROUND 40 AND 45 FT. NOT TO MENTION THERE IS, UH RETAIL, UM ACCESS POINTS KIND OF RUNNING THROUGH, SO THAT IS ALSO WITHIN 20 FT FROM THIS PROPERTY LINE AND FIVE FT FROM THIS PROPERTY, ONE EXHIBIT. UH AND ACTUALLY, BEFORE THAT. THESE ARE JUST SOME OF THE PICTURES THAT WE'RE TAKING ON FRIDAY, JUST TO KIND OF SHOW SORT OF THE AREA AND JUST KIND OF THE PERSPECTIVE ON THAT THIS JUST LOOKING TOWARD THE EAST. UM, THE FIRST PICTURE RIGHT HERE. UM, IT'S LOOKING TOWARD THE EAST. I THINK YOU CAN SEE SOME OF THE RESIDENTIAL AND THEN THE EXISTING RESIDENTIAL TOWARDS THE LEFT SIDE. AND THEN THERE'S JUST LOOKING TOWARDS THE NORTH. AND THEN JUST SOME MORE PHOTOS OF THIS ACCESS. THIS IS LOOKING SOUTH WEST AS AT THE ENTRANCE AND YOU CAN KIND OF SEE PERSON ALONG THERE. AND THEN THIS IS LOOKING NORTHWEST AND PRESTON IS BEYOND THOSE TREES.

EXHIBIT E IS THE LANDSCAPE PLAN ? UM THE APPLICANT IS PROPOSING TO PROVIDE ADDITIONAL TREES AS WHAT THE TOWN REQUIRES TO SORT OF MITIGATE THE USES. UM AND AS FAR AS FOR KIND OF GOING THROUGH SOME OF THE DEVELOPMENT STANDARDS. I'M NOT GOING THROUGH ALL OF THEM, UM BUT THE APPLICANT IS CREATING ITS OWN. UM PERMISSIBLE USES, AS YOU CAN SEE, WHICH ARE THE 25 USES. UM AND THIS IS REALLY ON ANY OF THE LAD'S ONE THROUGH SIX OR THEIR SPECIFIED. FOR INSTANCE, NUMBER SIX IS A BEAUTY SALON, WHICH IS ONLY IN LOT 12 AND THREE AS FAR AS WHERE SOME OF THE REGULATIONS UM THE HIGH IS ONE OF THE, UM PROVISION THAT THEY ASKED CERTIFICATE. THE RETAIL DEVELOPED RETAIL ZONING DOES REQUIRE OR DOES ALLOW UP TO TWO STORIES AND A 40 FT FOOT HIGH.

UM FOR MAXIMUM HEIGHT. THE APPLICANT IS, UM, REQUESTING TO LIMIT THAT TO ONE STORY. AND A MAXIMUM OF 30 FT. IN HEIGHT, AND THIS IS AGAIN TO OFFSET AND MITIGATE THE USES. PARKING THE APPLICANT HAS REQUESTED TO UTILIZE THE ENTIRE LOT. AS ONE TRACKED TO MEET THE MINIMUM STANDARDS. UM THE REASON FOR THIS IS THAT THE APPLICANT IS ON LOT TWO WHICH IS THIS ONE RIGHT HERE? UM CURRENTLY DOES NOT MEET THE PARKING STANDARDS, HOWEVER, WHEN LOOKING AT THE OVERALL PARKING, UM THE APPLICANTS REQUIRED 337 PARKING SPACES BASED ON THE SQUARE FOOTAGE OF THE USE OF THE USES THAT ARE PROPOSED. UM AND IT'S PROVIDING 384. THE STAFF HAS NO OBJECTIONS TO THAT AS THEIR OVER PART WHEN YOU'RE LOOKING AT A WHOLE DEVELOPMENT. UM THERE ARE CONSUMES SOME CONCERNS. UM AS FAR AS FOR OUR ADDITIONAL CONCERNS FROM THE RIGHT AWAY ABANDONMENT AND THAT'S REALLY LOOKING AT UM LET'S SEE. LET'S SEE IT RIGHT? WHAT'S IN YELLOW? WHICH IS THE ENTRANCE FOR THE EMERALD TRACE DRIVE. AND REALLY, THE MAIN REASON FOR THAT IS, UM

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UM AS FAR AS FOR ANY AND THIS IS JUST A COMPARISON OF THE OF THE FUTURE LAND USE FROM A RESIDENTIAL DENSITY. WHICH IS WHAT THE COMPREHENSIVE PLAN HAD CURRENTLY TO RETAIL AND NEIGHBORHOOD SERVICES. AS FAR AS FOR ANY LANNY'S AMENDMENT, THERE IS CRITERIA. UM WITH ANY AMENDMENT AND WHICH IS THE COMPATIBILITY BETWEEN THE ZONING, PERHAPS IN THE FUTURE LAND USE, UM AND I'LL LET THE APPLICANT UM RESPOND TO ANY OF THE QUESTIONS THAT YOU HAVE, BUT REALLY, WE, YOU KNOW, TOWN STAFF DOES UNDERSTAND THAT THERE'S UM , MARKET DEMANDS AND MARKET CHANGES. AND SO WE DO ALLOW THE FLEXIBILITY OF THE COMPREHENSIVE PLAN. WHICH AGAIN WE DO HAVE THIS CRITERIA FOR THE QUESTION FOR THE FOR THE AMENDMENT OF THE FUTURE LAND FUTURE LAND PLAN. TO THIS DAY. UM. OR AS AS WHEN THE STAFF REPORT WAS PRINTED OUT. WE DID RECEIVE FIVE PUBLIC HEARING

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AFTER. THIS EVENING. I GUESS AT THIS POINT FOR STAFF BEFORE THE AFRICAN COMES UP. DID ANYONE HAVE QUESTIONS? ANY COMMISSIONER'S QUESTIONS FOR DAVID AT THIS TIME? WE'LL HAVE OTHER OPPORTUNITIES LATER. YEAH THANKS, DAVID. THIS TIME I'LL ASK THE APPLICANT TO STEP FORWARD WITH THE PRESENTATION THIS EVENING. CHAIR COMMISSIONERS MAXWELL FISHER WITH ZONE DEAD. 2502 GRAND YOU. RICHARDSON TEXAS, 75080, REPRESENTING DON SILVERMAN MQ DEVELOPMENT. WE'RE EXCITED TO BRING THIS PROJECT TO YOU ALL. THIS IS A PARTICULAR DIFFICULT TRACK. YOU CAN SEE. IT'S AN ODD SHAPE. THERE IS A SORT OF INDEPENDENT SINGLE FAMILY HOME IS NOT PART OF THE SUBDIVISION THAT SORT OF ENCROACHES INTO THE SITE. IT'S SORT OF TRANSITIONS FROM THE PROPERTY THAT'S JUST DEVELOPED WITH RETAIL TO THE SOUTH. IT'S UP AGAINST PRESTON, WHICH IS OBVIOUSLY A MAJOR THOROUGHFARE IN SPYING, PERIOD. BASICALLY ENTIRE DFW OR THE DALLAS AREA. SO IT'S A CHALLENGING PIECE, UM, ZONE SINGLE FAMILY, SO THERE'S BEEN SOME ATTEMPTS TO GO SINGLE FAMILY IN THIS PROPERTY AND WE'LL GET INTO THAT THE UAE SINGLE FAMILY DOESN'T WORK FROM AN ECONOMIC STANDPOINT, BUT ALSO FROM A COMPATIBILITY OR AT LEAST A SUB OUT THE MALL. UM, DEVELOPMENT. SO THIS SIDE IS NOT JUST FLAT. I MEAN, IT HAS, UM, UM SOME TERRAIN CHALLENGES. THERE'S A BIT OF A LOW AREA CREEK THAT RUNS THROUGH AND SO WE WANT TO. WE WANT TO TAKE ADVANTAGE OF THE NATURAL FEATURES WITH OUR DEVELOPMENT WITH COMMERCIAL AND THE WAY YOU CAN LAY OUT PADS AND HAVE GREATER SETBACKS, AND WE DON'T HAVE TO DEVELOP SO MUCH OF THE LAND. IT GIVES US AN OPPORTUNITY TO ACTUALLY PRESERVE A LOT OF THAT SPACE AND IS MORE COMPATIBLE FOR THE NEIGHBORS. A COUPLE OF ATTEMPTS FOR SINGLE FAMILIES. AND I SAID BEEN MADE HERE. UM, IF YOU DID A SINGLE FAMILY HERE, YOU, YOU KNOW, TO GET THE LOT YIELD YOU WOULD NEED ABOUT 17 LOTS. WELL YOU CAN ONLY DO ABOUT 12 10 TO 12 REALISTICALLY, BECAUSE YOU'VE GOT TO PUT A 50 FT WIDE STREET THAT WOULD RUN THROUGH THE SIDE , AND IT BASICALLY PUTS AN ACCESS POINT ON PRESTON. AND THEN THERE'S A CUL DE SAC, ALSO AT THE SOUTHWEST CORNER OF PRESTON. AND SO YOU'RE BASICALLY PUTTING HOMES UP ON PRESTON, WHICH REALLY IS AN IDEAL NOT ONLY THAT, BUT YOU CAN SEE HERE IS YOU'RE CRAMMING LOTS TO THE NORTHERN EXTENT OF THE DEVELOPMENT, THE SITE AND THE SOUTHERN EXTENT AND, UM, AND SO IT REALLY CREATES A CROWDED SITUATION THAT REALLY DOESN'T PRESERVE THE TREES. IT ALSO PUTS CROSSES CLOSER AND CRAMPS THAT THE HOUSES DO EXIST TO THE NORTH TO THE SOUTH EAST. UNTIL THE EAST. UM WHAT ELSE ALSO DOESN'T . WE'RE TRYING TO CREATE AN AMENITY POND, WHICH I'LL GET INTO A LONG PRESTON. AND SO YOU'RE DESTROYING THE AESTHETICS AND FRONT DOOR THAT WE'RE TRYING TO CREATE VALUE CREATION, ESSENTIALLY FOR SOME RESTAURANTS THAT WE HAVE PLANNED ALONG, PRESTON. STAFF MENTIONED NO MORE RETAIL OR NO MORE NEIGHBORHOOD SERVICES. WE DISAGREE. I THINK SOME OF THE BIG PLAYERS AND GIFT AND DFW ALSO DISAGREE WITH THE GATES OF PROSPER, UM AND THEN

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RESTAURANTS THAT OVERLOOK LOOK AT AMENITY POND SHOWN IN RED AND THOSE BUILDINGS WOULD BE UP TO 6000 SQUARE FEET EACH SOME SOMEWHERE AROUND THAT RANGE IF WE GET A HIGHER END, UM, SIT DOWN RESTAURANT THAT MAYBE A LITTLE LARGER, BUT WE'RE WANTING TO MAKE SURE WE MAXIMIZE THE VALUE AND THE AND THE TYPE OF RESTAURANT THAT WERE THAT WE WOULD GET THERE. THEN WE WOULD HAVE THE ONLY I GUESS WHAT YOU WOULD SAY IS STRIPPED RETAIL AND THIS DEVELOPMENT IS, I GUESS YOU COULD CALL THE BLUE BUILDING IN THE BACK STRIP RETAIL, OTHER ONLY IN THE SENSE THAT IT HAS A SIDEWALK ALONG THE FRONT OF IT. BUT THIS DEVELOPMENT CALLING IN STREET RETAIL BE LIKE CALLING.

THE DEVELOPMENT TO THE SOUTH, A DRIVE THROUGH DEVELOPMENT. NO THERE'S A DRIVE THROUGH THAT WAS APPROVED. BUT THERE'S A KROGER SHOPPING CENTER. THERE'S ALL SORTS OF OTHER USES THEIR OR PROPOSING THE SAME THING. RETAIL UPFRONT. WE'RE DOING SOME MEDICAL OFFICE OR OFFICE AND YELLOW, POSSIBLY RETAIL SOMETHING THAT'S A LITTLE MORE COMPATIBLE WITH RESIDENTIAL ADJACENCY TO THE SOUTHEAST. AND THEN WE'RE DOING RETAIL OFFICE IN BLUE, BUT YOU CAN SEE AUBURN BUILDINGS ARE ARE SMALLER IN SCALE THAN YOUR TYPICAL LARGER SHOPPING CENTER. EVERYTHING IS ONE STORY IN HEIGHT. RPG GOVERNS THAT AND SO BE CONCERNED ABOUT SETBACKS. UM WE COMPLY WITH THE MINIMUM SETBACKS, MAYBE 30 FT OR PROPOSING CLOSER TO 45. BLUE BUILDING, AND THEN HE AND THEN IN ADDITION TO THAT, WE'RE DOING ONE STORY INSTEAD OF TWO STORY BUILDINGS. IN ADDITION TO THAT WE'RE DOING LANDSCAPING AND SCREEN THAT WE'VE BEEN WORKING WITH THE NEIGHBORS ON AND I'LL GET INTOT SOME OF THE DETAILS OF THAT TO SHOW THAT WE'RE HAVING COMPATIBLE PERIMETERS. LET ME I CAN SHOW YOU ON THIS SIDE, SO THIS PLAN ALLOWS US TO SAVE THE ENTIRE LOT. EIGHT AREA ALONG THE NORTHERN PERIMETER. ALL THOSE TREES WOULD REMAIN, UM, EVEN AT THE AT THE NORTHEAST CORNER. WE HAVE A TRADE AREA AND ALL THE NEIGHBORS TO THE NORTH. ALL THE NEIGHBORS TO THE WEST EAST. THEY ALL WANT US TO SAVE. THAT TREAT AREA SO THIS WOULD BE INSTEAD OF COMING HERE WITH HOMES NOW COULD YOU EVER DEVELOPED THAT SECTION WITH A HOME? I DON'T KNOW WHAT THE POINT IS, IF YOU HAD SOMEONE BY THAT LOT BY THAT SECTION OF THE NORTH AND THEY BUILT A HOME, I SUSPECT THAT THEY WANTED TO CUT DOWN SOME TREES THEY COULD. BUT WITH THIS PLAN FOR APPROVING RETAIL AND OFFICE UP FRONT ON PRESTON YOU'RE GUARANTEEING THAT NORTHEAST CORNER REMAIN AS PRESERVED AREA. SO WE REMAIN MYSTERIES AND WE'RE GOING TO ACTUALLY BUILD A TRAIL THAT I SHOW THAT'S GOING TO SERVE THE NEIGHBORHOOD AS WELL. I MENTIONED THAT THE POND AMENITY POND, IT WILL BE AND I HAVE A FOUNTAIN. IT'LL BE AN AMENITY WILL HAVE RESTAURANTS WILL BE SOME GREAT VALUE CREATION. THERE WE HAVE SOME RESTAURANTS THERE, YOU KNOW, INTERESTED THAT DOT AND CIVIL MAKING CAN TALK TO YOU IF YOU IF YOU KNOW ABOUT SOME OF THE INTEREST THAT WE HAVE HERE, YOU KNOW, DON SILVERMAN IS A PROVEN DEVELOPMENT DEVELOPER HERE IN THIS COMMUNITY, HE BUILT THE FACILITY IMMEDIATELY TO THE SOUTH. THE KROGER MARKETPLACE. THAT FACILITY IS 98% OCCUPIED AND HE DOES NOT LOSE TENANTS, AND SO HE'S DEVELOPED PROPERTIES ALL OVER THE COUNTRY. AND SO HE HAS A GREAT NETWORK. UM AND CONNECTIONS WITH RETAIL BROKERS. HE CAN DELIVER SOME GREAT USES IN THIS SIDE THAT MAYBE OTHERS COULDN'T THIS PLAN DELIVERS 30,000 SQUARE FEET MORE OPEN SPACE THAN THE OTHER PLAN THAT THAT ANOTHER SINGLE FAMILY HOME DEVELOPER, UM, I SHOWED YOU EARLIER. SO THIS HAT THIS PRODUCES MORE OPEN SPACE PRESERVES MORE OPEN SPACE, AND THE SINGLE FAMILY DEVELOPMENT WOULD HAVE BEEN WORKING CLOSELY WITH THE NEIGHBORS. ON THIS TRAIL. THERE'S BEEN SOME BACK AND FORTH ABOUT. OH SOME OF THE NEIGHBORS DON'T WANT THE TRAIL TO GO THROUGH BECAUSE THE TRAIL DEAD ENDS. APPARENTLY THERE'S SOME HIGH SCHOOLERS THAT HANG OUT AND DO THINGS NOT SO GREAT THINGS BACK THERE, SO IT'S KIND OF MORE. WE THINK IT'S MORE OF A POLICING ITEM, BUT WE'RE GOING TO BUILD THE TRAIL THROUGH. UM AND CONNECT TO THE PARK TO THE NORTH. THE DEVELOPER IS GOING TO PAY FOR THAT. WE'RE GOING TO BUILD AN EXPENSIVE BRIDGE. SO THAT WAY WE CAN CONNECT PEOPLE THAT LIVE IN AND A DOUBLE IMAGE . UM, AND THE LAKES PROSPER NEIGHBORHOOD TO THE SHOPPING CENTER. IF THEY WANT TO WALK TO A RESTAURANT, THEY CAN DO THAT, UM, AND ALSO CONNECTED TO THE PARK TO THE NORTH AND WE'RE GOING TO BUILD THAT SECTION. ON PARK PROPERTY OF THE LETTUCE TO PROVIDE THOSE CONNECTIONS THROUGH AND WE THINK THAT MIGHT EVEN HELP WITH SOME OF THE LOITERING BACK THERE, AND THINGS THAT GO ON DEAD ENDS IS WHERE PEOPLE HIDE. IF YOU TRADED

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BUT WHAT WE WHAT WE YOU KNOW, ESTABLISHED TO THE SOUTH. WE'VE HAD SOME NEIGHBORHOOD ENGAGEMENT . WE'VE MET WITH A COUPLE OWNERS ON WITH THE DEVELOPMENT TO THE SOUTH OF MONTCLAIR. WORKING CLOSELY WITH THE HOMEOWNERS THAT ARE IMMEDIATELY ON THE CUL DE SAC OF WICHITA. UM WITH THE TRAIL GOING THROUGH AND ALSO PRESERVING THOSE TREES WERE RELOCATED THE DUMPSTER WE'VE LOCATED PARKING AWAY FROM FROM THAT THAT DEVELOPMENT TO PIECE THEIR CONCERNS, AND WE ALSO DROPPED OFF SIX LETTERS TO THE HOMES ON DUBLIN RIDGE, WHICH IS IMMEDIATELY EAST, UM AND THEN IN THE ALSO CORRESPONDENCE WITH THE PRESIDENT PROSPER LIKE. THE PROPERTY IMMEDIATELY TO OUR EAST AS THE INDEPENDENT, UM SINGLE FAMILY LOT OWNED BY BRADY COX. YOU CAN SEE IT OUTLINED THERE WERE PROPOSING BECAUSE OF THE GREAT CHANGE PROPOSING SOMETHING THAT, UM THAT CREATES A STAFFED , UM, INTERFACE BETWEEN HIS SIDE AND OURS. THAT WOULD BE A COMBINATION OF AN EIGHT FT. TALL EVERGREEN HEDGE UP ON THE HIGH SIDE NEXT TO THE FIRE LANE. AND THEN AS YOU STEP DOWN, YOU WOULD HAVE EASTERN RED CEDAR, WHICH IS AN EVERGREEN AND THEN ALSO INTERSPERSED WITH THAT WOULD BE LIVE OAK. YOU'RE GOING TO GET IT NICE, FULL LANDSCAPE. EDGE AS IT MATURES. UM FROM IN ADDITION TO THE BUILDING ONLY BEING ONE STORY AND GREATER THAN THAN THE MINIMUM 30 FT IS TECHNICALLY REQUIRED. UM WRAP UP HERE SOON. THERE WAS SOME NEIGHBORS. SOME COMMENTS FROM THE NEIGHBORHOOD TO NEIGHBORS TO THE EAST ABOUT CONCERNED ABOUT DRAINAGE AND THE TREE LINE GOING AWAY. WELL WE'RE PROPOSING WHAT'S FORMALLY PROPOSED THE SOUTHEAST CORNER OR TWO RESIDENTIAL LOTS. WE UNDERSTAND THERE'S SOME COMPLICATIONS THERE WITH ACCESS AND WE'VE TRIED TO WORK THOSE OUT THROUGH SOME CREATIVE PROVISIONS THAT WE WORKED ON WITH THE CITY. WE'RE STILL IN COMMUNICATION WITH THE OWNER, UM , IMMEDIATELY NORTH THERE, AND THERE MAY BE A POSSIBILITY.

WHERE THIS AREA JUST REMAINS IS JUST PRESERVED OPEN SPACE AND HE ENDS UP TAKING SOME OF IT. WE DON'T WE DON'T KNOW WE'RE STILL WORKING IT OUT. THE POINT BEING IS THIS AREA HERE. WE'RE NOT.

WE'RE NEVER GONNA DEVELOP COMMERCIAL ON IT. WE DON'T PLAN ON TOUCHING ANY OF THOSE TREES.

WE DON'T PLAN ON DOING ANYTHING TO THOSE TREES THERE OR THE GRADE. IF WE CAN WORK OUT A DEAL WITH THAT NEIGHBOR TO THE NORTH AND SO CONCERNED WITH THE NEIGHBORS OF THE EAST. OH, WE'RE RIGHT ABOUT THAT TREE LINE, YOU KNOW, GOING AWAY. WE'RE NOT TOUCHING IT. SO WHAT YOU SEE? LEAVE IT. SO WHAT DO YOU SEE HERE? THIS IS FROM WICHITA AND I HAVE ANOTHER ONE THAT I DIDN'T INCLUDE FROM DUBLIN RIDGE. HERE'S THE BEFORE AND AFTER PICTURE, THERE'S NO DIFFERENCE, MEANING YOUR YOU'LL GO OUTSIDE YOUR LOOK WEST AND YOU'LL SEE THE SAME TRAIN LINE THAT YOU'VE ALWAYS SEEN WILL NOT BE TOUCHING BECAUSE WE'RE DEVELOPING. YOU KNOW, SEVERAL 100 FT. AWAY FROM THESE THESE COSSACKS. THIS IS A THIS IS TAX INFORMATION. I KNOW IT'S NOT AS IMPORTANT FOR PLANNING AND ZONING COMMISSION. IT'S MORE CITY COUNCIL CONSIDERATION, BUT IT'S STILL IMPORTANT. OUTSIDE OF LAND. USE COMPATIBILITY. IF YOU LOOK AT DOING 12 SINGLE FAMILY HOMES HERE COMPARED TO WHAT WE'RE PROPOSING. YOU HAVE ABOUT A SIMILAR ADVIL ARM TAX OF ABOUT 1.31 POINT FOUR MILLION. THE HUGE DIFFERENCE IS THE TAX. THE SALES TAX SALES TAX IS GOING TO PUT THIS IN ABOUT 2.5 $3 MILLION EVERY YEAR. GOING TO THE CITY. SO 2.5 TIMES THE SELL TAX WITH THIS PROPOSAL VERSUS TRYING TO DO SINGLE FAMILY HERE. I'LL CONCLUDE. PRESTON ROAD. THIS IS A DIFFICULT SIDE OF TOM PRESTON ROAD SHAPE TOPOGRAPHY, AS I MENTIONED MAKES RESIDENTIAL AND

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BUT THEN WE'RE OKAY AND REALLY THE PART THAT WOULD BE CLOSEST TO THE TO THE RESIDENTIAL OWNER OF THE BACK WOULD BE THE PART THAT WOULD BE LOWER AND WE'RE HAPPY TO SUBJECT OURSELVES TO A LOWER BUILDING HEIGHT, TOO. TWO. YEAH REQUIRE THAT SO AT THIS TIME THAT THAT IMAGE REPRESENTS REALLY WHAT THE PROPOSAL IS RIGHT NOW. CORRECT THAT'S VERY CLOSE. AS MUCH AS THEIR RENDERING CAN BE. YES, THANK YOU. WHAT OTHER QUESTIONS COMMISSIONERS. UM I HAVE A QUESTION. SO YOU TALKED ABOUT THE TWO RESIDENTIAL LOTS THAT YOU MIGHT HAVE. SOME ROOM THAT I GUESS MAYBE THE OTHER OWNER MIGHT CONSUME. THOSE ARE TAKING PART OF CAN YOU TELL US ABOUT WHERE YOU'RE ADDING THOSE CONVERSATIONS AND WHAT'S THE DISTANCE BETWEEN? MAYBE SOLIDIFYING THAT DEAL, OR IS IT? IS IT IMMINENT? OR CAN YOU GIVE US ANY CHARACTERIZATION OF THAT? YEAH, AND WE'VE WE THINK WE'RE REALLY CLOSE ON COMING TO AN AGREEMENT WITH THAT OWNER AND AT THE END OF THE DAY IT. YOU KNOW , WE WOULD BE OKAY WITH NOT DEVELOPING ANY SINGLE FAMILY UNLIKE, SAY, A AND B. WE WORK OUT OF THE, UH, WHERE THE SOUTHERN PART OF THAT REMAINS.

REMAINS AS. OPEN SPACE FOREVER, JUST LIKE A LOT OF IDEAS, AND THEN WE WOULD POTENTIALLY GIVE SOME OF THE LAND TO SOME OF THE NORTHERN SECTION OF LOT WE WOULD WE WOULD GIVE TO THAT OWNER TO GIVE HIM MORE BUFFER RIGHT NOW. THE MQ DEVELOPMENTS. PROPERTY THE NORTHERN PROPERTY LINE OF LOT IS 12 ROUGHLY 12 FT FROM HIS FRONT DOOR. SO YOU KNOW THAT PROPERTY HAS SOME CHALLENGES. I WON'T GET INTO ALL THE CHALLENGES BUT WE'RE GONNA HELP SQUARE, HIS PROPERTY OFF INCREASES VALUE. WE HAVE A DEAL THAT IS IF I WAS AN ISSUES TAKEN A SECOND, BUT WE DON'T WE KNOW WE'RE JUST SUBMITTED IT. WE'VE MADE PROGRESS THIS WEEK, AND WE THINK WE'RE GOING TO GET THERE BEFORE COUNCIL. BUT, YOU KNOW, I CAN'T SPEAK FOR THAT OWNER DIRECTLY. ANY OTHER QUESTIONS THIS EVENING FOR THE APPLICANT. REAL QUICK, THE TREES THAT YOU IDENTIFY THE OATS. HMM? FOR THE STEP DOWN. WHAT SIZE CALIPERS ARE THOSE? HOW TALL DO YOU SEE THOSE? BECAUSE YOU HAD THE

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WE'RE NOT MARRIED TO THE LIVE OAK. GOING BACK TO YOUR COMMENT THAT YOU'D BE WILLING TO LOOK AT THAT RESIDENTIAL JUST ABANDONED THEM. BASICALLY IN TERMS OF HOW COMMITTED ARE YOU TO CODIFY THAT WITH US TO SAY WE'RE NOT EVEN GOING TO DEVELOP YOUR WORKOUT? YOUR DEAL WITH THE ADJACENT NEIGHBOR. HOWEVER YOU WORK THAT OUT, BUT TO PRESERVE THAT IS GREEN SPACE. HOW WILLING WOULD YOU BE WILLING TO COMMIT TO THAT, AS A PART OF ANY TYPE OF APPROVAL WERE VERY WILLING. BUT YOU HAVE TO, YOU KNOW, THROUGH NEGOTIATION. WE YOU KNOW, WE'RE WORKING WITH THAT OWNER AND NOT NEGOTIATING WITH US. I'M TALKING ABOUT FOR APPROVAL. HOW WILLING WOULD YOU BE WILLING TO SAY? WE'RE NOT GOING TO PUT ANYTHING ON THERE. YOU'LL NEGOTIATE WHATEVER YOU WANT ON THE SIDE DEAL, BUT HOW WILLING ARE YOU WILLING TO SAY WE'RE NOT GOING TO BE PUT ANYTHING THERE THAT EXTRA BUFFER TO THE TO THE TO THE RESIDENTS? SURE. I TOTALLY UNDERSTAND THAT I'M NOT SAYING I'M NEGOTIATING WITH YOUR WHAT I'M SAYING IS THAT COMMITTING TO THAT IS THE EFFECTS ARE NEGOTIATION WITH THAT OWNER. UM IF THE COMMISSION IF IT IF THE COMMISSION WERE TO SUPPORT THIS REQUEST, INTENTION UPON A LOT AND BE BEING REMAINING UNDEVELOPED, WE WOULD SUPPORT THAT TODAY. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT AT THIS TIME. OKAY. ALL RIGHT.

WELL, THANK YOU VERY MUCH. APPRECIATE THAT. THANK YOU. WE ARE REGULAR AGENDA. ITEM NUMBER FOUR. THIS IS A PUBLIC HEARING, ADAM. AH SO WITH THAT GO AHEAD AND OPEN THE PUBLIC HEARING AT THIS TIME. WE MAY HAVE SOME FOLKS ONLINE AS WELL. FOLKS HERE IN PERSON WANT TO COMMENT, SO WE'LL OPEN IT UP IF ANYONE LIKE TO COME UP AND COMMENT ON THIS ITEM, UH PLEASE MAKE SURE WHEN YOU DO COME UP, YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD. AND WE'LL MOVE FORWARD. PUT IT BACK ON THE BETTER. OH, COMMISSIONERS. THEY NAMED JASON WAZOWSKI, 11 16. OH ONE DUBLIN RIDGE DRIVE AND PROSPER. MY HOUSE SITS ON A DIRECT EAST SIDE OF THIS. UH AND WE'RE DIRECTLY ADJACENT TO THIS AND I GOT TO TELL YOU THAT I STRONGLY OPPOSE THIS. UM SOME OF THE THINGS THAT WE WE'VE NOTICED. UM WE'RE TALKING ABOUT. YOU KNOW SOME OF THE OUTDOOR RESTAURANTS, STUFF LIKE THAT. WE STRONGLY BELIEVE THAT'S GOING TO BRING AN INCREASED NOISE. UM TO OUR PROPERTY WARS AND HOW THEY'RE ENJOYING A NICE EVENING. I'M SURE YOU CAN RELATE. UM. MY PROPERTY IS LINED BY A RIGHT IRON FENCE. NOT MY CHOSEN CHOOSING, OF COURSE, RIGHT, BUT WE ARE. WE WANTED THE WOOD FENCE. PROSPER CHANGED THE RULES ON US BACK IN 2019. WHEN WE MOVED IN. SUCH AS LIFE. WE'LL MOVE ON, RIGHT? BUT THAT WALKING PATH THAT'S COMPLETED WALK, YOU KNOW THAT YOU KNOW, WE OBSERVE PEOPLE WALKING ON IT GOES THROUGH DEAD END RIGHT NOW. BUT EVENTUALLY, ONCE IT'S COMPLETED, IT'S GOING TO BE INCREASED FOOT TRAFFIC, OF COURSE. YOU KNOW, AND EVERY PERSON WALKS BY IS LOOKING RIGHT INTO MY BACKYARD. AND LOOKING DIRECTLY INTO MY POOL. THE WAY THAT THAT WALKING PATH IS YOU. IT WILL WALK DIRECTLY UP AND IT OCCURRED RATE . I MEAN, IT'S DIRECTLY IN MY BACKYARD. THE OTHER THING I HAVE TO SAY IS THAT THE TREES THAT ARE HIGHLIGHTED BEFORE YOU THERE IN PURPLE THERE. THAT WALKING PATH IT'S GOING TO BE DEVELOPED.

I MEAN, IT'S GOTTA BE UM, I I'VE BEEN BACK THERE SEVERAL TIMES. THAT'S A SIX FT WALKWAY PROBABLY GOT THE EASEMENT LEFT AND RIGHT. IT'S GOING TO TAKE OUT A LOT OF THOSE TREES BUTTS UP AGAINST THERE. SO I UNDERSTAND ABOUT, YOU KNOW, PRESERVING THOSE TREES, BUT A LOT OF THEM ARE

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I DON'T LIKE LOTS OF A AND B, UM , THOSE SITTING DIRECTLY ON THE PATH. ALREADY UM AND I THINK THOSE SHOULD REMAIN JUST A JUST A VACANT LOT. UH BUT GENTLEMEN ALREADY SPOKE ON THAT. SO I DON'T THINK I NEED TO DEAD HORSE GOING FORWARD. BUT I THINK THE BIGGEST THING FOR ME OVER HERE IS THAT I REALLY TRULY THINK THAT THIS WILL DECREASE MY PROPERTY VALUE. UM AND I HOPE THE BOARD CAN SEE THAT AND TAKE THAT CONSIDERATION. I THINK THAT WRAPS UP FOR ME ANY QUESTIONS? ANY QUESTIONS? CAN I JUST SAY ONE THING TO EVERYBODY TONIGHT? I'VE BEEN HERE FOR 15 YEARS. THE LAST THING IS GOING TO HAPPEN IN THIS TOWN. IS YOUR PROPERTY VALUES GOING DOWN? I CAN PROMISE YOU THAT IT'S NOT GOING TO BE BECAUSE OF THIS PROJECT HERE. IT MAY BE BECAUSE OF THE MARKET.

MAYBE YOUR PROPERTY VALUES WILL NOT GO DOWN THIS TOWN. YOU'RE AT THE END OF TOLLWAY, PRESTON ROAD , CUSTER AND COIT FORECOURT GOLD CORRIDORS. SO PLEASE DO NOT COME IN HERE. THAT'S NOT SOMETHING I WILL LISTEN TO IF YOU GOT SOME OTHER VALID POINTS, WHICH YOU DID. I'M NOT GOING TO LISTEN TO YOUR PROPERTIES GOING DOWN. SORRY OKAY. WELL THANK YOU. I APPRECIATE YOUR TIME. THANKS FOR BEING HERE THIS EVENING. THANK YOU FOR HAVING ME. GOOD EVENING. WHEN I WAS DOING MY NAME IS BRADY COX AND HEY, IT WAS SIDE AND 1570. QUESTION ON THE THANKS VERY MUCH INFAMOUS HOUSE IN THE LITTLE WRECKED A MEMBER CUT OUT THERE. SO YOU KNOW, I HAVE A I HAVE QUITE A.

FEW CONCERNS. I WILL NOT MENTION PROPERTY VALUE THAT'S ALREADY THERE. I WILL NOT MENTION THAT BUT I THINK ONE OF MY. KEY CONCERNS IS JUST ENTRY AND EXIT. I MEAN, AS YOU CAN SEE, RIGHT NOW ON THIS PLANET'S BEEN SUBMITTED BEFORE. YOU, GENTLEMEN. I WOULD ENTER IN AND OUT OF A COMMERCIAL PARKING LOT. AND I DON'T KNOW. THAT'S JUST SOMETHING THAT YOU KNOW, I'M ADAMANTLY OPPOSED TO AND AGAINST. RIGHT NOW. I HAVE A HAVE A EASEMENT. THAT I FOLLOW UP ALONG THE PATH, BUT UNDER THE CURRENT SCENARIO. GOING IN AND OUT OF A. PROPOSED RETAIL SLASH OFFICE PARKING LOT. SO THAT'S VERY I START THINKING OF THINGS WHERE WITH MY MAILBOX GO HOW WOULD I GET MAIL? HOW WOULD I? HOW WOULD PEOPLE KNOW HOW TO FIND ME? THINGS LIKE THAT? SO THAT'S A UH, MAJOR CONCERN. I ALSO THE BUILDING. THAT IS, YOU KNOW, WITHIN, WALKED IT OUT.

IT'S ABOUT 38 TO 40 FT FROM MY PROPERTY LINE RIGHT THERE. I JUST. I DON'T HAVE ANY RENDERINGS. I DON'T KNOW, BECAUSE I MEAN EVERYTHING ON THESE MAPS. I'VE WALKED THIS PROPERTY. MORE THAN YOU CAN IMAGINE EVERYTHING ON HERE. AS YOU GUYS PROBABLY KNOW. IT LOOKS A LOT DIFFERENT ON THE ON THE PLANS, BUT WHEN YOU GET OUT THERE AND REAL WORLD, I MEAN, IT'S LIKE RIGHT THERE. IT'S NOT LIKE IT'S YOU KNOW YOU HAVE LIKE THIS BIG MONSTER BUFFER. SO THAT'S. IT'S EVERYTHING FROM SIGHTLINES TO ENTRY EXIT TO, YOU KNOW WAS THAT BOUGHT THE HOUSE?

[00:45:08]

I SAW THAT HOME TO MR COX FOR 1.3 MILLION AND HE'S PUT AN ADDITIONAL 600,000. DOLLARS INTO THAT HOME. IT'S A LUXURY HOME. I HAVE PICTURES OF THE HOME PRIORITIES RENOVATION. UM. AND THE BINDER. I'M SORRY. I DON'T HAVE A SLIDE PRESENTATION DIDN'T HAVE TIME. I DIDN'T HAVE THE NOTICE. I NEEDED TO DO THAT FOR YOU. UM AND, UH, SO IT IS A LUXURY HOME AND YOU'LL PUT PURPLE CONSIDERATION INTO THE MASTER PLAN JUST AS YOU DID, AND DION SANDERS HOME BECAUSE IT WAS A HUGE ESTATE. GIVE GRAND IT WAS A $6 MILLION STATE, BUT THIS IS A $2 MILLION STATE AND YOU CARVED OUT YOU KNOW, 25 LOTS AROUND DION SANDERS HOME SO THAT SOME EVER WHO PURCHASED IT? WE WERE VERY STRATEGIC ABOUT THAT, AS A CITY OR Y'ALL WERE, UM AND SO I FEEL LIKE THAT'S WHY IT WAS LEFT SINGLE FAMILY SF 15. THING THAT I WANTED TO BRING TO YOUR ATTENTION. TODAY IS THE HISTORY OF THIS PROPERTY. AND I'VE GIVEN YOU A TIMELINE. I WON'T GO OVER IT, BUT I DO WANT TO GO OVER TO THE BINDER REALLY QUICK. THE FIRST PAGE IS THE STATE OF THE PROPERTY BEFORE ACQUIRED IT.

THAT PIECE OF PROPERTY IS PRETTY LEVEL. THERE IS NO PAT SIDE ON IT. YOU CAN SEE HOW GIVING YOU AN AERIAL PHOTOGRAPH OF THAT, UM THE NEXT IS A PERMIT TO PASS ON THE PROPERTY WHEN MQ DEVELOPMENT WAS BUILDING OTHER RETAIL, THEY GOT A PERMIT TO DROP, DUMP THE DIRT ONTO THAT PROPERTY. UM AFTER THAT, THEY THEY ACQUIRED A PERMIT TO MOVE THE DIRT TO DEGRADE THE LOT WITH THE DIRT ON IT. I HAVE AERIAL PHOTO PHOTOGRAPHY IF ANY OF YOU GUYS WANTED ISLAND GAVE YOU A LITTLE BIT HERE THAT I HAVE VIDEO OF THEM MOVING THAT DART WITHOUT A PERMIT AND ACTUALLY BUILDING THAT PAD SIDE. IN FACT, I WAS THE ONE WHO CALLED HARLAN JEFFERSON ON MULTIPLE OCCASIONS, STOPPING THEM FROM BUILDING THAT PAD SIDE. BECAUSE IT WAS BEING DONE WITHOUT A PERMIT. AH THEN THERE WAS THE CHAIN LINK FENCE ISSUE. THERE WAS A CHAIN LINK FENCE PERMIT THAT WAS UM, REQUESTED FOR LOT ONE B IN MONTCLAIR, AND YET THE CHAIN LINK FENCE WAS PUT DOWN AT 15 70 ON BOTH PROPERTIES. THEY WANT LOT ONE BEYOND MONTCLAIR AND DOWN 15 70. I'VE GIVEN YOU ALL THESE PERMITS IN HERE SO YOU CAN SEE THEM. UM IT TOOK ME DIGGING INTO THE CITY TO FIND OUT THAT THEY DID NOT HAVE A PERMIT FOR THE CHAIN LINK FENCE AROUND 15 70 PRESTON ROAD TO GET THAT FENCE REMOVED. AH I WANT TO SHARE THESE THINGS WITH YOU. BECAUSE BECAUSE I DON'T FEEL LIKE MR SILVERMAN HAS BEEN A GOOD NEIGHBOR TO THESE RESIDENTS. UM THERE'S ALSO, UM TOOK DOWN. I DON'T KNOW HOW MANY TREES PROTECTED TREES ON THAT PROPERTY AND WAS FINED AND I

[00:50:02]

ADDRESS THE EASEMENT THAT IS DEEDED TO MY CLIENT. SO THERE IS AN EASEMENT THAT HAS BEEN DEEDED. HE OWNS AN EASEMENT. THEY'RE USING HIS EASEMENT. THEY CAN'T DO THAT. THEY CAN'T PROPOSE SOMETHING TO YOU THAT THEY DON'T OWN. AND SO THEY ARE DOING THAT. UM AND THAT'S THE SONG. I JUST AGAIN. I JUST WANT TO CATCH UP TO SPEED SO THAT WHEN YOU MAKE MAKING YOUR DECISIONS ARE AND GENTLEMEN, YOU HAVE ALL THE FACTS THANK YOU. THANK YOU ALL VERY MUCH.

APPRECIATE IT. ANYONE ELSE THIS EVENING LIKE TO STEP FORWARD AND COMMENT. I GUESS THE APPLICANT YOU HAVE A FEW COMMENTS. OKAY, WE'RE IN PUBLIC HEARING. SO THANK YOU, SIR. WE DO HAVE SOME ONLINE, OKAY? DO WE HAVE ANYONE ONLINE THAT WANTS TO COMMENT AT THIS TIME? AND WE'LL GET ONE LAST CHANCE BEFORE WE CLOSE THE PUBLIC HEARING, SO GO AHEAD. GO AHEAD. GREAT. APPRECIATE THE COMMENTS. I'LL TRY TO ADDRESS MOST OF THEM AND THEN MR SILVERMAN IF YOU WOULD LET HIM COME UP, THEY'LL ADDRESS THE BALANCE. OKAY, THANKS. UH ONE. I'LL TRY TO GO IN ORDER TO WALKING TRAIL. SO WE'VE PAINSTAKINGLY. GOOD NIGHT. TRY TO PUT THIS WALKING TRAIL. UM LET ME BACK UP, SO NO MATTER HOW THIS PROPERTY DEVELOPS THE TOWN HAS THIS WALKING TRAIL ON THEIR MASTER PLAN. THIS TRAIL WILL GET BUILT AND THEY'RE SINGLE FAMILY OR COMMERCIAL. THIS TRAIL WILL GET BUILT AND SO WE ARE TRYING TO PUT THE TRAIL IN AND SAVE AS YOU CAN SEE IN THIS EXHIBIT, SAVE AS MANY TREES AS WE CAN. UH WILL THAT TRAIL B? I BELIEVE THAT'S A 10 FT WIDE TRAIL. IS THAT RIGHT? YEAH. I THINK IT'S 10 FT WIDE TREADS A LITTLE WIDER THAN IT. EIGHT, OKAY. EIGHT FT.

[00:55:06]

EFFECTIVELY DEVELOP IT AS RESIDENTIAL UM, I, UH, TALK TO JIM DOUGLAS ABOUT IT. AND WE FIGURED THAT YOU KNOW, SOME OF IT MIGHT BE AVAILABLE TO DO AS COMMERCIAL UM, THERE ISSUES RELATIVE TO THE PREVIOUS OWNER. WHO FELT LIKE SHE OWNED THE WHOLE 12 ACRES. I'M NOT GOING TO GET INTO THE DETAILS OF THE LAWSUIT AND UM. THE REPRESENTATIONS, BUT MADE BY MRS SMITH. I DON'T DON'T THINK THEY'RE CORRECT. WE DID NOT BUILD ANYTHING OR MOVE ANYTHING WITHOUT A PERMIT IN THIS COMMUNITY. WELL ON THIS PROJECT , I PUT UP A FENCE AROUND THE.

[01:00:04]

THAT'S WHAT I'VE BEEN TOLD. UM THAT BEING SAID. UM WE COULD WE CAN DO THAT. WE CAN DO ASK FOR TOWN HOUSES, WE CAN FIGURE OUT HOW TO MAKE 10 OR 12 HOME LOTS. UM AND FRANKLY, WE WON'T MAKE ANY MONEY DOING IT, BUT WE'LL BUILD OURSELVES OUT OF OUT OF THIS PIECE OF PROPERTY. UM I TRULY DON'T BELIEVE THAT'S IN THE BEST INTERESTS OF THE COMMUNITY. AS UH, MR FISHER.

MENTIONED WE HAVE BEEN IN DISCUSSIONS WITH MR COX FOR A SIGNIFICANT PERIOD OF TIME ON AND OFF. HE BROUGHT THE HOUSE KNOWING FULLY WELL WHAT THE HISTORY WAS THE CONTROVERSY ON IT. AND YOU KNOW, YOU KNOW TO COME IN AFTER THE FACT AND SAY WELL, THIS THAT AND THE OTHER THING IS A LITTLE DISINGENUOUS. HOWEVER, WE HAVE MADE EVERY EFFORT. AT A SIGNIFICANT PRICE.

TO COME UP WITH A GAME PLAN. THAT WOULD PROTECT. UM THE INTEGRITY OF HIS HOME. UM. DID TO HIM A FAIR AMOUNT OF PROPERTY. THAT WOULD INCLUDE AH , NOT HAVING HIS PROPERTY LINE 12 FT FROM HIS FRONT DOOR. UM AND AT THE SAME TIME MITIGATE UM, THE IMPACT. UM NOT ONLY TO HIM, BUT TO THE NEIGHBORS TO THE NORTH AND TO THE EAST AND EVEN TO THE SOUTH. UM THE TREES THAT WE WOULD SAVE. ON THE NORTH SIDE ON THE EAST SIDE ARE SIGNIFICANT. THEY ACT AS A AS A AS A SCREEN, THEY ACT AS A NOISE, MITIGATOR. THEY ACT AS UM AND AMENITY TO THOSE TO THOSE HOMES. AND FRANKLY, THEY WOULD BLOCK MOST OF THE VIEW. OF ANYTHING THAT WAS TO THE WEST OF THOSE HOMES. UM. WE HAVE AN ENORMOUS AMOUNT OF INTEREST FROM RETAILERS AND RESTAURANTS. UM, I WOULDN'T GO THROUGH THIS EFFORT. UM AFTER SEVEN YEARS ON THE PROSPER PROJECT AND DO MORE IF I DIDN'T THINK THAT DEMAND WAS THERE THE PROJECT EVERY TIME WE BUILT A NEW BUILDING, IT FILLED UP BEFORE WE BUILD IT. UM I DON'T HAVE TO TELL YOU FOLKS THAT THIS IS THE RIGHT PLACE TO BE NOT ONLY TO LIVE BUT TO WORK AND TO HAVE THE COMMUNITY AMENITIES, RESTAURANTS, MEDICAL SERVICES AND ALL THOSE KIND OF THINGS. UM, YOU KNOW, I STARTED MY CAREER IN SOUTH LAKE. AND THE ONE THING I ALWAYS SAID ABOUT SOUTH BECAUSE DIFFICULT AS THEY WERE. TO UH, DO BUSINESS WITH UE DEPOT CENTER ON SOUTH LAKE BOULEVARD BEFORE I REALLY KNEW WHAT BEING A SHOPPING CENTER DEVELOPER WAS. BUT THE ONE THING ABOUT SOUTH LAKE WAS THAT THE COMMUNITY HAD A VISION OF WHAT IT WANTED TO BE. AND WHETHER YOU LIKE THE WAY THEY WENT ABOUT IT OR NOT. THAT'S WHAT THE VISION THAT THEY HAD 30 YEARS AGO IS EXACTLY WHAT SOUTH LAKE HOUSE TODAY. AND YOU HAVE TO GIVE HIM KUDOS FOR THAT. AND THE ONLY OTHER CITY I'VE DONE BUSINESS WITH IN NORTH TEXAS THAT I COULD SAY THE SAME THING ABOUT IS PROSPER. THE COMMUNITY HAS A VISION OF WHAT IT WANTS TO BE.

UM YOU'RE NOT AS FAR IN EXECUTION OBVIOUSLY IS SOUTH LAKE IS BUT I THINK THAT YOU KNOW WHAT YOU WANTED TO BE. YOU KNOW WHAT YOU WANT, HOW YOU WANT IT TO LOOK, YOU KNOW WHAT YOUR COMMUNITY IS GOING TO DO FOR THE PEOPLE WHO LIVE THERE. AND I BELIEVE THAT THIS IS A PROJECT.

THAT IS IN THE FAIRWAY OF WHAT THIS SHOULD BE FOR PROSPER. UM, WE HAVE THE OPPORTUNITY TO A LAKE. WE HAVE THE OPPORTUNITY TO ATTRACT UM, SOME UPPER AND RESTAURANTS. I'M NOT GOING TO TELL YOU THAT WE'RE GOING TO HAVE A CAPITAL GRILL, BUT WE THINK WE CAN BRING SOME SIT DOWN RESTAURANTS AND SEVEN UH, THINGS THAT PEOPLE WANT TO GO TO AND INCLUDE FROM THE EAST WALKED TO UM, THE BUILDING ON THE EAST END OF THE PROJECT WILL ACT AS A BUFFER. IN ADDITION TO ALL THE LANDSCAPING ACTORS ABOVE HER AND I'M NOT GONNA SAY THAT YOU WON'T HEAR CARS. I'M NOT GOING TO SAY.

YOU YOU YOU WON'T SOMETIMES HEAR NOISE. I'VE HAD A HOME NETWORK BACKED UP DEPRESSED AND ROAD YEARS AGO. AND YEAH, I DID HEAR A FIRE TRUCK FROM NOW AND THEN AND YOU HEAR A CAR? MORE THAN ONCE A NIGHT, BUT UM, YOUR WITHIN YOUR WITHIN SHOUTING DISTANCE OF PRESTON ROAD. YOU'RE

[01:05:03]

WHAT ABOUT TYPE OF MITIGATION? ARE YOU WILLING TO DO TO TRY TO INCREASE THAT BUFFER SO THAT SOME OF THE TREES THAT MIGHT HAVE TO BE TAKEN OUT TO GET THIS TRAIL? BUT ALSO MAYBE BE REPLACED OVER TIME. EVEN AS SOME OF THE MATURE TREES START TO DIE, BUT THEY'RE STILL STILL SOME OF THIS BUFFER THAT LIVES AND THEN SECONDLY WITH ALL THIS LANDSCAPING. AND THEN MAYBE FOR STAFF. HOW. WHAT'S THE REQUIREMENT FOR MAINTAINING IT SO THAT AS THINGS DIE OVER TIME? WHAT IS THE CITY'S REQUIREMENT OR WHAT'S THE DEVELOPERS COMMITMENT TO MAKE SURE THAT YOU KNOW, THIS ALL DOESN'T JUST DIE AND DISAPPEAR. I'LL IF YOU DON'T MIND BOTH STAFFS BECAUSE IN SIX YEARS ON THE KROGER CENTER, WE'VE HAD QUITE A BIT OF LANDSCAPING DIE. WE HAD THE FREEZE. TWO YEARS AGO, WE LOST A LOT OF TREES. AND CODE ENFORCEMENT DOESN'T HAVE STATE TO SEND YOU A LETTER AND TELL YOU THAT YOU NEED TO REPLACE THOSE TRAITS. UM SO THAT'S THE SITUATION ON A LARGE SCALE, ESSENTIALLY URBAN FOREST THAT'S NEVER BEEN TOUCHED. UM IF YOU LOSE A 40 OR 50 CALIBER, TREAT A LIGHTNING OR SOMETHING, THERE'S NOTHING MUCH YOU CAN DO OTHER THAN CLEAN IT UP. ONE OF THE THINGS THAT WE DID IN THIS DESIGN IS WE INCLUDED ALL THE SPACE ON THE EAST SIDE THAT WE'RE GOING TO DEVELOP. IN WHAT? EIGHT WHICH IS OUR LANDSCAPE LOT SO THAT WE DON'T HAVE TO WORRY ABOUT THE NEIGHBORS OR THE HOMEOWNER'S HAVING TO DEAL WITH IT. WE'VE INCLUDED IN WHAT WE HAVE COMMITTED TO MAINTAIN. UM, AS TO THE OTHER PART OF THAT, I GUESS WAS THE TRAIL TRANSPLANTING TREES NECESSARY TRANSPLANT OR JUST ADDING, I'LL TELL YOU UH, IT'S NOT ONCE IT ONCE TREES GET OVER 10 INCH CALIPERS. IT'S VERY DIFFICULT TO TRANSPLANT THEM. THEY DON'T DO VERY WELL HAVING NOT ASKING TRANSPORT. I'M TALKING ABOUT TRANSPLANTING HAVING HAVING UH, WHEN WE DID WHEN WE BOUGHT DIONNE'S PROPERTY, THERE WERE SIX LARGE TREES AT THE ENTRANCE WHERE HE HAD HIS GATE. AND WE WENT THROUGH THE EFFORT OF DIGGING HIM UP AND PUTTING THEM IN GIGANTIC. BURLAP PARTS THROUGH LACK OF BETTER DESCRIPTION. PUT THEM ASIDE. AND WE JUST FELT LIKE IF WE CAN SAVE THEM AND THEN PUT THEM IN THE ONE ACRE PARK THAT WE HAVE THERE. UM, THAT WOULD BE A HECK OF AN AMENITY RATHER THAN HAVING TO PUT NEW TREES IN AND OUT OF THE SIX TREES WHEN WE RE PLANTED, FIVE OF THEM SURVIVED, AND IF YOU GO OUT TO THAT LITTLE POCKET PARK BEHIND ANY NAPOLI'S AND YOU SEE THOSE TREES. THOSE TREES HAVE ONLY BEEN THERE THREE YEARS, BUT THEIR 20 YEAR OLD TREES, SO WE HAVE A LOT OF TREES IN THE IN THE IN THE IN THE NORTH SIDE OF OUR PROPERTY. UM I WOULDN'T BE AS ANXIOUS TO DO THE EAST SIDE JUST BECAUSE WE'VE SAID EVERYBODY WILL LEAVE IT ALONE. BUT THERE ARE SOME TREES THAT IF WE CAN USE THOSE RATHER THAN PUTTING IN FOUR OR FIVE OR SIX INCH CALIBER TREES. IT'S A WIN WIN FOR EVERYBODY. THANK YOU ANYBODY ELSE? YOU. THANKS FOR THAT. DO WE HAVE ANYONE ONLINE THAT WOULD LIKE TO COMMENT? DO NOT. ANYONE ELSE IN THE CHAMBERS BEFORE I CLOSE THE PUBLIC HEARING. WHEN SHE CAME BACK IF ANYBODY NEEDS TO SPEAK THERE BECOME THE PODIUM SPEECH. SHE'S ASKING IF SHE CAN SPEAK AGAIN. I'VE NEVER BEEN TO MY FIRST PNC MEETING COUNCIL. THIS IS MY FIRST CHANCE HERE JUST JUST REAL QUICK. AND I, UM IN THE IN THE BOUNDARY THAT I GAVE YOU. UM THERE IS A UM AND THE QUESTION I WAS GOING TO ASK MR BERMAN. THERE IS A COPY OF THE CITATION WHERE HE REMOVED 285 CALIBER INCH OF TREES AND THEN ON THAT PROPERTY, AND I'VE GIVEN YOU A COPY OF THAT, WHERE HE WAS FINED. $85,000 ALSO RIGHT BEFORE THAT IS A FINAL PLATT TO MY

[01:10:05]

ALLOW FROM A TOWN STAFF POINT OF VIEW. A POINT OF VIEW THAT SAYS, HEY, WE IT WORKS, WHETHER WHETHER THEY HAVE A DIFFERENT POINT OF VIEW, AND I'M ASKING FOR STAFF. SURE. RIGHT THERE, SO THERE'S CONTINUED WITH THE ULTIMATE BUILD OUT THERE IS THAT THAT ACCESS WILL SHOULD BE CONTINUOUSLY PROVIDED. IT DOESN'T MEAN THAT SOMEONE CAN'T BLOCK IT. SOMEONE CAN'T PARK THE CAR WAITING FOR SOMEONE TO COME OUT OF THE STORE. AND ONCE THEY PARK, STAN OR OTHER THERE'S A CONSTRUCTION PERIOD. HOW HOW DO YOU CONSTRUCT THAT AND NOT BLOCK? EVEN SO THERE'S SOME COORDINATION NEEDED TO EVEN GET TO BUILD THE FIRE LINE TO BUILD THE ROAD TO BUILD AN

[01:15:02]

IT SHOULD STILL PROVIDE THE FOR THE ACCESS THAT IT'S. THAT WOULD BE TRUE, EVEN RESIDENTIAL RIGHT? I MEAN, I'M JUST I'M JUST TRYING TO MAKE SURE I'M TRYING TO GRASP THE ISSUE. BECAUSE TO ME THAT THAT THAT LAST SORT OF BUILD OUT PHASE IS TRUE, REGARDLESS OF WHAT PROPERTIES. GO EXACTLY SURE. YES, THERE. THERE SHOULD ALWAYS BE SOME INTERRUPTION TO IT OTHERWISE OR YOU JUST LEAVE THAT THERE'S GOING TO BE SOME MITIGATION DAIRY NET CONSTRUCTION PHASE PERIOD UNLESS THERE'S A COLLABORATION DONE WITH THE PROPERTY, OKAY? YES. I AM ONE OF THE OTHER CONCERNS THAT CITIZENS RAISED WAS NOISE AND LIGHTING. NOISE IS SOMETHING WE CAN'T REALLY MITIGATE TOO MUCH. BUT WHAT ABOUT THE LIGHTING PLAN? HAS THAT BEEN THOUGHT THROUGH THE RIGHT TYPE OF LIGHTING IN THE PARKING LOTS AND BUILDINGS AND YOU KNOW WHAT'S WHAT'S THAT SORT OF LOOK LIKE? AND WE EVALUATED THAT FROM A STAFF PERSPECTIVE ON THE LIGHTING SO NOT REALLY AT THIS TIME YET AT THE ZONING STAGE, TYPICALLY WHEN WE GET A CONSTRUCTION PERMIT. WE DO REQUIRE A PHOTO METRIC PLAN AND WE DO HAVE OUR TOWN REGULATIONS . UM YOU KNOW THAT ARE PRETTY PRETTY STRICT. HAS 0.25 PHOTO METRIC. WE CAN'T HAVE ANY MORE OF READING. SO WE DO REQUIRE THAT AT THE TIME OF THE CONSTRUCTION PLANS AND THEN DURING THE INSPECTION UM, TOWN STAFF WOULD ACTUALLY GO OUT THERE AND VISIBLY JUST WALKED THE PROPERTY LINE AND JUST MAKE SURE THAT THERE BEFORE YOU GOT TO DO IT AT FOUR AM, AND IT'S PRETTY FUN, BUT BUT, YES, WE WERE AT THAT TIME, BUT NO, NOT AT THIS ZONING STAGE. WE DO NOT , IT WOULD ASSUME THAT THEY NEED TO FOLLOW ALL TIME REGULATIONS SO THAT TO BE ASSUMED THAT THEN THE PD. THE GREAT JUST SORT OF THE STANDARD PROCESSES INCORPORATES THAT CONCERN. THE I MEAN, INCORPORATES THE BEST OF PRODUCTIVE ZONING BECAUSE ONE OF THE COMMENTS FROM THE CITIZEN IS, YOU KNOW, LIGHTING. THEY'RE THEY'RE WORRIED, AND I CAN APPRECIATE THAT LINING. YES, YOA RESIDENTIAL OR TO WHAT IT IS TODAY. NOTHING SO I'M JUST MAKING SURE THAT THE ORDINANCES WOULD IS ARE ASSUMED TO BE FOLLOWED. YES, YES, THEY WOULD STILL FOLLOW OUR TOWN REGULATIONS. HEY DAVID, JUST SO I'M CLEAR FROM THE ONSET OF THE CONVERSATION YOU MENTIONED IN TERMS OF THE TOWN'S RECOMMENDED DENIAL OF THIS. CAN YOU JUST BRIEFLY REFRESH OUR MEMORY OF THE LIST OF CONCERNS THAT TOWNHOUSE OUTSIDE OF SOME OF THE THINGS WE JUST DISCUSSED? SO THERE IS THE BIGGEST THING WAS JUST, UM, THE PRESIDENT. THE CURRENT ZONING AND THE PROXIMITY TO THE RESIDENTS. AS MENTIONED AND LET ME GO BACK TO MAYBE A ZONING MAP. UM. AND SO AGAIN, WE TYPICALLY YOU CAN SEE THAT THERE'S POTENTIALLY RESIDENTS, ALL ON THE EAST SIDE AND THE SOUTHERN SIDE. AND SO THAT'S ONE OF THE BIGGEST CONCERNS. THIS IS CONTINUING TO ALLOW UM, YOU KNOW, I HAVE MENTIONED IN THE COMPLAINT THAT THAT THAT AVOIDING THESE TRIPS AND IT'S NOT REALLY A STRIP DEVELOPMENT.

BUT WHAT WE DON'T WANT AND WE UNDERSTAND THE PRESIDENT OF THE BUSY ROAD, BUT JUST CONTINUING TO JUST HAVE COMMERCIAL ALL ALONG, PRESTON THAT WAS FAIRLY CALM PLANT IN ONE OF THE FACTORS AS YOU CAN SEE ACROSS THE FIELD. MM ACROSS THE STREET. I'M SORRY, GEORGE. THE REST WEST. YOU DO SEE RESIDENTIAL, AND SO WE'RE REALLY NOT JUST TRYING TO FLOODED WITH RETAIL. SO THAT'S ONE OF THE CONCERNS AND THEN AS FAR AS FOR THE LAND USES IN THE PROXIMITY AS MENTIONED, YOU KNOW, WITH AROUND 40 TO 45 FT. WE FELT THAT THAT IT WAS JUST A LITTLE TOO INTENSIVE AND POTENTIALLY REDUCING. YOU KNOW MORE OFFICES AND REDUCING THE BUILDING SQUARE FOOTAGE. DO WE NEED SIX? BILLIONS I MEAN, CAN WE DO FOUR? CAN WE INCREASE THE LANDSCAPE BUFFERS FROM THE RESIDENTS OF BEING WE UNDERSTAND THAT IT PROLONGS PRESTON. WE KNOW THAT REGARDLESS, THIS IS GOING TO DEVELOP. THIS IS GOING TO DEVELOP EITHER RATHER RESIDENTIAL AS THE CURRENT ZONING OR COMMERCIAL. HOWEVER WE FELT THAT IT WAS JUST TOO MUCH OF THE PARKS COMMITTEE TO RESIDENTS AND NOT JUST OVERALL, THE ZONING. UM LET'S JUST THERE'S A LOT OF ISSUES WITH THAT. AND SO THAT'S WHY WE'RE RECOMMENDING DENIAL. GREAT. THANK YOU. ANY OTHER QUESTIONS FOR STAFF. ALL RIGHT. I'M GONNA TAKE IT BACK TO THE COMMISSION AND MR VAN WOLF. YOU'RE THE LUCKY ONE. AN ANIMAL THAT YOU START WITH THE COMMENTS ON THIS EVENING WITH THIS ZONE IN CASE WE'RE OPEN, GIVE EVERYBODY AN OPPORTUNITY TO COMMENT, AND I'LL WRAP UP THE COMMENTS AFTER THAT.

[01:20:04]

AND NOW THEY'RE TRYING TO COME IN AND ADD TO THE NORTH SIDE OF THAT WITH, YOU KNOW, A NICE POND . AND IT JUST I'M ON THE FENCE HERE. UM. I AM, UH IN THE SAME CAMPUS, MIKE, BUT I'M I'M MORE STRONGLY SUPPORTING I DO HAVE SOME CONDITIONS THAT I WOULD MAKE A RECOMMENDATION. CHAIR JUST TO PROVE AND THAT REALLY REVOLVES AROUND A LOT A AND B TO REALLY RELINQUISH THOSE TO KEEP THEM NATURAL. AND HOWEVER YOU GUYS WORK OUT A DEAL ON WHAT A YOU WORK IT OUT. BUT I DO THINK THAT GIVEN EVERYTHING THAT HAS BEEN DONE. SOME OF THE DISCUSSIONS SOME OF THE COMMENT CARDS THAT ARE IN SUPPORT OF IT'S BALANCED AND IT'S MIXED. I'VE LIVED UP AGAINST.

DEVELOPMENT MYSELF, SO I UNDERSTAND SORT OF THE CHANGE. WHEN I BOUGHT, IT WAS GREENFIELD AND IT MOVED AND IT BECAME SOMETHING DIFFERENT. BUT I THINK IT FITS THE TOWN. I THINK THAT IT FITS THE USE OF THIS LAND. AND SO I AM ABSOLUTELY CONFLICTED. BUT YET I'M ALSO MORE SUPPORTIVE. OF DEVELOPMENT. I THINK IT A GOOD USE FOR THIS LAND, AND I DON'T SEE SORT OF THE SAME CONCERNS. THAT THE TOWN HAS. I THINK THERE'S SOME. THERE'S SOME OPPORTUNITY. I'D LIKE TO HAVE HAD MORE TIME TO SORT OF THINK THROUGH SOME OF THOSE TO MAYBE WORK. ON SOME OF THE FRINGE THINGS AND MAYBE IN A PROPOSAL WE COULD GET TO THAT, BUT OVERALL, I'M INTERESTED INTO YOU HEAR YOUR COMMENTS, CHAIRMAN. BUT I THINK IT'S A IT'S A GOOD USE. THANK YOU, COMMISSIONER CHARLES APPRECIATE YOUR COMMENTS APPRECIATE EVERYONE'S COMMENTS, AND I GUESS I'LL START OFF THIS WAY. FIRST THING TOWN STAFF FOR ALL YOUR WORK HERE. I REALLY APPRECIATE THE APPLICANT ALL YOU'VE DONE. REPRESENTING A FAIRLY SOLID PLAN. I APPRECIATE ALL THE CITIZENS BEING HERE THIS EVENING. I MEAN, WE'RE ALL CITIZENS HERE IN THIS COMMUNITY, TOO. SO YOU KNOW, WE'RE RECOMMENDING BODY AND THEN IT GOES TO COUNCIL AND THIS ALL HAPPEN AGAIN. SO THIS IS KIND OF A DIFFICULT SITUATION, RIGHT? WE'VE GOT LOW DENSITY, WHICH WE SEEM TO HAVE FEWER AND FEWER OF IN OUR TOWN. THERE COULD BE IMPACTED BY COMMERCIAL ON WHAT IS PROBABLY PRESIDENTS. PROBABLY ABOUT AS A COMMERCIAL CORRIDORS YOU'RE GOING TO HAVE RIGHT IT MAKES ME THINK THERE IS SOME TYPE OF WIN WIN SITUATION HERE, BUT I DON'T KNOW THAT IT'S IN THIS PLAN HERE TODAY. WE STILL HAVE SOME CONFLICTING REPORTS ABOUT EASEMENTS. LOT A AND B IS OUT THERE. WHAT'S GOING TO HAPPEN THERE? SOUNDS LIKE THERE'S SOME GIVE AND TAKE THERE TO DETERMINE SOMETHING, BUT IT'S NOT ALL IRONED OUT YET. TOWN STAFF COMES OUT IN DENIAL OF THIS CASE, UH, SAYING, HEY, COULD WE GET BY WITH FOUR BUILDINGS CLOSER TO THE PRESIDENT AND DO SOMETHING DIFFERENT ON THE BACKSIDE? AND WHEN YOU LOOK AT THIS MAP, IT LOOKS A LOT BIGGER HERE THAN IT REALLY IS WHEN YOU'RE OUT THERE IN PERSON. WHEN YOU GET OUT IN PERSON, AND, FRANKLY, EVEN LOOKING AT THE PHOTOGRAPHS, THERE IS NOT MUCH FROM PRESIDENT ROAD TO THAT FIRST HOUSE. WHEN I LOOK AT THIS MAP, IT LOOKS LIKE OH, THERE'S ALL KINDS OF SPACE,

[01:25:02]

BECAUSE I KNOW COUNCIL IS NOT GOING TO PASS IT WITHOUT IT. OKAY, SO WE HAVE A SECOND. TO THE MOTION TO TABLE TO OUR NEXT MEETING ON OCTOBER 4TH. ALL THOSE IN FAVOR TO TABLE IT.

RAISE YOUR HAND. SO WE HAVE TWO IN FAVOR TO TABLE ALL THOSE TO DENY TABLING IT. NUMBER FOUR.

RAISE YOUR HAND. SO WE HAVE THREE AGAINST TABLING IT SO JUST FOR THE RECORD THOSE IN APPROVAL OF TABLING WORK COMMISSIONER CHARLES COMMISSIONER PETTIS, THOSE DENYING OR AGAINST TABLING IN THE AUTUMN OR COMMISSIONER VAN WOLF COMMISSIONER JACKSON COMMISSIONER DANIEL SO AT THIS TIME, I'LL ENTERTAIN THEM ANOTHER MOTION BECAUSE WE WILL HAVE TO LEAVE WITH SOME MOTION TODAY. AND I'LL GO AHEAD AND MAKE THAT MOTION. IS THAT PERMISSIBLE. I'LL MAKE A MOTION ON THAT. WE DENY PER TOWN STAFF RECOMMENDATIONS. REGULAR AGENDA ITEM NUMBER FOUR. DO WE HAVE A SECOND ONE SECOND? SO WE HAVE A MOTION ON THE FLOOR FROM COMMISSIONER DANIEL TO DENY NUMBER FOUR. WE HAVE A SECOND TO DENY. REMEMBER FOUR FROM COMMISSIONER JACKSON ALL THOSE IN FAVOR OF DENYING PERSONAL STAFF RECOMMENDATIONS. ADAM NUMBER FOUR, PLEASE RAISE YOUR HAND. WE HAVE THREE VOTING TO DENY NUMBER FOUR COMMISSIONER VAN WOLF COMMISSIONER JACKSON COMMISSIONER DANIEL ALL THOSE OPPOSED. TO AN OPPOSITION TO THE DENIAL COMMISSIONER CHARLES AND

[01:30:02]

[5. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan from Residential Low Density to Retail and Neighborhood Services, generally located, located on the east side of Preston Road, north of St. Peter Lane. This is a companion case to Z21-0003. (CA22-0001).]

WE WOULD WANT THEM TO BOTH BE THE SAME UNDERSTAND? NO I GET IT. BUT I'M JUST SAYING, I DON'T HAVE TO. I THINK BELMONT BUILT YOUR NATIVE. NO, I KNOW I WAS JUST AN IMPORTANT QUESTION FOR ME BECAUSE I STILL THINK THAT THAT RETAIL SPACE IS IT SOMETHING THAT SHOULD BE CONSIDERED THERE? I THINK THAT THIS THIS THIS LOT IS UNIQUE. AND I'M NOT SAYING I WOULD LIKE TO SEND A MESSAGE. THAT SAYS MAYBE THIS IS NOT THE RIGHT PLAN, AND IT DIDN'T GET APPROVAL. AND THAT'S OKAY. BUT TO SAY THAT THAT AREA CAN'T EVER HAVE RETAIL THAT JUST NEEDS TO ALWAYS BE THAT WAY. I'M OPEN TO SAYING THAT AT THE END OF THE DAY WHY NOT LET IT BE SOMETHING THAT MAYBE ATTRACTS A DIFFERENT MAYBE HE CAN SELL IT SOMEPLACE ELSE. I DON'T KNOW, BUT I WAS JUST THAT'S WHY I WAS ASKING THE QUESTION FOR MY FROM MY FORMER COUNCILMAN. I DON'T KNOW THAT WE ALWAYS HAVE TO SAY YES OR NO TO BOTH. I GET WHY WE MIGHT BUT THERE'S ALSO ARE YOU REALLY GONNA PUT A RESIDENTIAL LAND WHEN YOU IF YOU IF YOU BELIEVE THE BLOOMFIELD PLAN WAS IS ONE OF MANY POTENTIAL CHOICES. IT DOESN'T LOOK LIKE THERE'S GOING TO BE A RESIDENTIAL USE. THAT'S GOING TO COME THERE. THAT'S THAT'S GOING TO BE EFFECTIVE. SO I'M JUST I'M JUST THAT'S THAT WAS MY JUSTIFICATION OR FOR ASKING THE QUESTION SO THAT THE AUDIENCE ALSO KNOWS WHY I'M ASKING THESE QUESTIONS. BUT I THINK IT'S SOMETHING THAT WE SHOULD SERIOUSLY CONSIDER JUST NOT CARTE BLANCHE. UH DECIDED THAT WE'RE JUST GOING TO RUBBER STAMP NUMBER FIVE SO TO FOLLOW, SO MR SOTO. THERE'S A CHANCE WE'RE GOING TO SEE ANOTHER ZONE IN CASE ON THIS PROPERTY AGAIN, CORRECT. POTENTIALLY AND AT THAT TIME, IT MAY BE ANOTHER MAYBE A MODIFIED VERSION OF A OF A RETAIL. SOMETHING POTENTIALLY COULD BE RESIDENTIAL. WE DON'T KNOW AT THAT TIME. I MEAN, JUST BECAUSE THIS CASE HAS VOTED THIS WAY TODAY DOESN'T MEAN THAT WE MIGHT NOT SEE A FUTURE PLAN OR ALTERNATIVE PLAN TO NOT SCENARIO. SOMETIME IN IT ALL THESE TWO QUESTIONS FOR AND FIVE COULD COME RIGHT BACK AT US. IS THAT TRUE OR NOT? YES SO ULTIMATELY, UM, YOU KNOW, IT IS HIS ONLY REQUEST THAT ANYONE CAN MAKE IF IT DOES GET DENIED BY COUNCIL. THERE IS A WAITING PERIOD OF SIX MONTHS. UM BUT 1 TO 6 MONTHS IS OVER. THE APPLICANT CAN REAPPLY WITH THE MODIFICATION. CAN YOU SAY THAT AGAIN? SO THERE'S A RECOMMENDATION FROM DENIAL FROM COUNCIL ON ITEM FIVE. WE'RE TALKING ABOUT FOUR OR FIVE. UM THE ZONING REQUEST. THE OWNER CAN'T MAKE ANOTHER ZONING REQUEST UNTIL SIX MONTHS. HMM. NUTS PER OUR ZONING ORDINANCE.

THAT'S FROM PEONS ER FROM COUNCIL COUNCIL. COUNCIL VERY WELL MAY ENTERTAIN. BOTH OF THESE ITEMS ARE GOING TO COUNCIL AND TWO WEEKS OR THREE WEEKS WHENEVER, RIGHT OKAY. LETS INTERESTING. AVOID SOMEONE TO COME BACK RIGHT AGAIN. HENRY'S VERY SIMILAR. ANY OTHER COMMENTS ON ITEM NUMBER FIVE, OR WE CAN ENTERTAIN A MOTION ON TOP. YEAH. DO WE NEED TO HAVE A PUBLIC HEARING DAVID ON ITEM FIVE. YOU CAN. YES, I WOULD. I WOULD JUST OPEN IT UP JUST FOR THE PUBLIC HEARING. AND THEN UM, YEAH. ANY OTHER QUESTIONS FOR STAFF AND FIVE. IF NOT, I'LL GO AHEAD AND OPEN THE PUBLIC HEARING IF ANYONE WANTS TO COMMENT ON ITEM NUMBER FIVE. SO, UM MR CHARLES.

MY UNDERSTANDING IS THAT, UM, IN ORDER TO BETTER STATE YOUR NAME ADDRESS? THIS IS A NEW ATOM.

YEAH MY NAME IS LENA SMITH. I LIVE AT 25 21 WILDFLOWER AWAY IN PROSPER, TEXAS. I'M A REAL ESTATE AGENT WITH CAMPUS REALTY AND SEVERAL OF THESE MOST OF THE MAJORITY OF THESE FAMILIES THAT

[01:35:06]

IT DIES. SO THEY'RE NOT. YOU'RE NOT CHANGING THE COMPREHENSIVE MASTER PLAN. THAT'S WHAT MY I WAS TOLD BY THE TOWN. YOU KNOW, AT THE TIME IF YOU ALL PASSED THE COMPREHENSIVE MASTER PLAN, THEN HE GOES FROM THERE, INTROVERT COMES BACK AND PRESENTS. TO USE SOME SOME RETAIL AND SOME DIFFERENT THINGS THAT HE WANTS TO DO, SO I THINK THAT'S WHY THEY GO HAND IN HAND.

IF YOU'RE NOT GOING TO PROVE THE COM THE MASTER PLAN, UH, YOU KNOW, TO CHANGE THE COMPREHENSIVE MASTER PLAN THAT HE CAN'T GET HIS OWNING ANYWAY. SO YOU KNOW THEY'RE TIED TOGETHER IN THAT IN THAT FASHION, UM THE OTHER THING I WANT TO SAY IS THAT, UM AH! I MEAN, WELL, THAT'S THAT'S ALL I WANT TO SAY THAT THEY'RE TIED TOGETHER. I MEAN, AND SO THAT'S WHY YOU ALL DO IT THAT WAY FROM MY UNDERSTANDING. YEAH BUT YEAH, HE AND I WANNA KNOW WHAT I WANT TO SAY. THANK YOU. THE LAST TIME WAS POOR COUNCIL. I WAS IN THE COUNCIL MEETING AS WELL, AND THE COUNCIL DECIDED EXACTLY WHAT MR PETTIS SAID, IS THAT THEY'LL WORK IT OUT WITH THE HOMEOWNER AND YOU ALL AGREE UPON SOMETHING AND BECAUSE WE'RE NOT APPROVING IT UNTIL YOU DO, AND THAT'S WHAT WAS THAT IT WAS TABLED. THEN THIS HAS BEEN TABLED GOING ON THREE YEARS. IT'S BEEN AN ONGOING AND THE RESIDENTS ARE JUST THEY JUST WANT PEACE. CHAIRMAN. THANK YOU FOR A PERIOD TO SPEAK OVER TIME. ONE THING I WANTED TO JUST CLEAR UP AS THIS ACCESS, ISN'T IT? SO WHEN WE WHEN WE FILED AND I WORKED AS A CITY PLANNER FOR 10 YEARS AND THE FLAME COMMISSIONER, SO I KIND OF PLAYED ALL THE ROLES. I KNOW HOW IT ALL WORKS. SO WHEN YOU FILE IS A REZONING APPLICATION IN ORDER TO FILE THAT APPLICATION, YOU HAVE TO HAVE THE LANDOWNER SIGNATURE FOR THAT SIDE AREA. FOR US TO EVEN FILED THIS APPLICATION TO SHOW OUR SIDE AREA. WE HAD WE HAD TO HAVE THE LANDOWNER. THE LANDOWNER IS DONE, SILVERMAN. SO THERE'S NO QUESTIONS ON THAT. I DON'T KNOW WHY THAT WAS BROUGHT UP BY BY HER. WE OWN THE LAND. WE THOUGHT A ZONING APPLICATION . WE'RE MAINTAINING THE ACCESS EASEMENT RIGHTS THAT IS IN THE AGREEMENT, AND THE EASEMENT IS THAT IT'S AN EASEMENT THAT OVERLAYS THE PROPERTY THAT'S GIVES MR COX, THE RIGHTS TO ACCESS HIS PROPERTY. WE'RE WE'RE HONORING THAT ACCESS THESE MEN WE OWN THE LAND UNDERNEATH IT, AND WE FOLLOWED THE ZONING CASE. AS SUCH, THERE'S NOT A LOT OF CONFUSION THERE. I DON'T KNOW WHY I HEARD SHE SHE MENTIONED IT, AND THEN I FEEL LIKE IT GOT LEGS AND IT'S BEEN MENTIONED UP HERE. THAT'S NOT THERE'S NOT A QUESTION ON THAT. YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD.

SURE, MAXWELL FISHER 250 TO RANDY RICHARDSON. APPRECIATE IT. THANKS FOR YOUR COMMENTS. DO WE HAVE ANYONE ONLINE? THEY'D LIKE TO COMMENT THIS EVENING. ANYONE ELSE? WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING ON ITEM NUMBER FIVE. TAKE IT BACK TO THE COMMISSION FOR DISCUSSION AND WARM OCEAN. I'LL MAKE A MOTION. MAKE A MOTION TO SUPPORT A JENNET ITEM FIVE TO APPROVE IT. WE HAVE A MOTION ON THE FLOOR FROM COMMISSIONER CHARLES TO APPROVE ADAM, NUMBER FIVE, WHICH IS TO AMEND THE FUTURE OF HIS PLAN FROM RESIDENTIAL LOADED CITY TO RETAIL AND NEIGHBORHOOD SERVICES. CASEY 21 0003. SO DO WE HAVE A SECOND TO ITEM NUMBER FIVE. SECOND WE HAVE A SECOND FROM COMMISSIONER PETTIS ON ITEM NUMBER FIVE. TO APPROVE THE ZONING CHANGE. ALL THOSE IN FAVOR OF APPROVING THAT ZONING CHANGE IN AUTUMN OF TRIBE RAISE YOUR HAND. SO WE HAVE TWO IN FAVOR. COMMISSIONER CHARLES AND COMMISSIONER PETTIS ALL THOSE OPPOSED TO THAT ZONING CHANGE. RAISE YOUR HAND. WE HAVE THREE OF THE PROPOSED COMMISSIONER, VAN WOLF COMMISSIONER JACKSON COMMISSIONER DANIEL DO WE NEED TO ENTERTAIN A SECOND MOTION AND ITEM NUMBER FIVE. ARE YOU ASKING? I'M ASKING THE COMMISSION NOT. JUST A DENIAL.

BURDOCK TOWNS RECOMMENDATION. WE NEED EMOTION OF THAT NATURE. DO WE KNOW WE DO QUESTION THAT YOU ARE. I RECOMMEND THAT WE DENY, UM ITEM NUMBER ONE AND NUMBER FIVE BASED OFF A TOWN

[01:40:01]

MOVING ON TO OUR AGENDA. ADAM. REVIEW ACTIONS FROM TOWN COUNCIL . ACTUALLY, ITEM NUMBER SIX ADJOURNED, BUT WE'LL GO AHEAD AND MAKE SIX REVIEW ACTIONS FROM TOWN COUNCIL. I JUST WANTED TO AGREE BRIEFLY GO OVER THE ITEMS TAKEN BY THE TOWN COUNCIL ON THE SEPTEMBER 13TH. THERE SHOULD BE A RESULT AT THE VERY END, AND THERE WAS A COUPLE QUITE A BIT OF PUBLIC CARRION'S BUT AS FAR AS FAR CONSENT ITEMS, ALL ITEMS ARE APPROVED. ONE OF THE BIGGEST THINGS ON THERE WAS AN UPDATE TO THE COMPREHENSIVE PLAN. THERE WAS. AN INTER LOCAL AGREEMENT FORBIDDING FOR AN UPDATE, AND SO THAT'S VERY EXCITING. UM THERE'S A COUPLE OF THINGS WE'RE GOING TO BE LOOKING AT A MULTIFAMILY MARKET STUDY IN AND GO THROUGH THAT, UM, SO THAT'S THAT'S PRETTY EXCITING AUTHORITY FOR THE REGULAR AGENDA IF YOU'LL RECALL A COUPLE OF WEEKS AGO, WE HAD A REZONING OF 7.9 ACRES OF A PD FOR VICTORY AT FRONTIER SOUTH. UM THIS WAS RECOMMENDED BY P AND Z, UM IT DID. GET REQUESTED TO GET TABLED TO THE 9 27 COUNCIL MEETING JUST NOW THERE WERE SOME CONCERNS WITH SOME OF THE MASONRY ABILITY MATERIALS AS WELL AS SOME OF THE DEVELOPMENT STANDARDS WITHIN THE PD. AS FAR AS WERE THE OTHER THREE. WE DID HAVE A IT WAS A REASONING FOR RENEGADES NORTH JUST OFF OF BROADWAY. THIS WAS THE REASON FROM SINGLE FAMILY AND AN EXISTING PERIOD TO A NEW P D FOR OFFICE AND RETAIL USES THAT WAS APPROVED A RECOMMENDED APPROVAL FROM COUNCIL THE THIRD PUBLIC HEARING WE HAD WAS THE UH , COMMERCIAL TO A PLAN DEVELOPMENT COMMERCIAL PD. THIS IS STARTED LIKE THE MAN CAVES IF YOU'LL RECALL OFF OF, UM, JUST WEST OF COLEMAN STREET. THIS WAS RECOMMENDED APPROVAL AS WELL. AND THE LAST BUT NOT LEAST, IT WAS THE ZONING SPECIFIC USE PERMIT FOR THE PRIVATE STREET DEVELOPMENT JUST AT THE CORNER OF FIRST AND QUITE AND THAT WAS ALSO RECOMMENDED. FROM TOWN COUNCIL. WITH THAT BEING SAID, UM, THAT'S ALL I HAD FOR Y'ALL ANY OTHER QUESTIONS OR FEEDBACK? SO COUPLE OF QUESTIONS. UH, SO WHAT'S OUR NEXT AGENDA LOOKING LIKE FOR OUR NEXT MEETING? YES. TODAY WE GOT A RECENT MIDDLE. I BELIEVE WE HAVE A COUPLE OF, UM POTENTIALLY ONE OR TWO PUBLIC HEARINGS, ZONING ITEMS THAT ARE COMING DEPENDS ON PLANNING REVIEW. AND THEN THERE'S A COUPLE OF CONSENT ITEMS POTENTIALLY COMING. IN WHATEVER HAPPENED TO THAT? JAMES DEVELOPMENT CASE THAT'S GOING TO BE KITTY CORNER ACROSS FROM THE NEW HIGH SCHOOL. THERE ARE FIRST STREET WORK WHERE THAT EVER GO. UH, GETTING APPROVED BACK? WHICE APPROVED. I THINK WE APPROVE THAT LONG AGO. BUT ANYWAY THERE MAY BE MORE UPDATES, NOT NO NEED TO WORRY ABOUT IT RIGHT NOW. SO UH, THAT'S ALL I HAVE. YOU HAVE ANY OTHER QUESTIONS? WELL, THANK YOU ALL VERY MUCH AND MEETING. I REMEMBER SIX OR SEVEN, HOWEVER, YOU WANNA LOOK AT ENTERTAINING MOTION TO ADJOURN MOTION THAT WE ADJOURN MR JACKSON MOTIONS TO ADDRESS SECOND THAT COMMISSIONER CHARLES ALL THOSE IN FAVOR TO ADJOURN. RAISE YOUR HAND. WE ARE ADJOURNED AT 7 44 ALL IN FAVOR TO ADJOURN.

* This transcript was compiled from uncorrected Closed Captioning.