Jan 03, 2023 Planning and Zoning Commission

[00:00:02]

WHAT CAN WE DO? GOOD EVENING. THIS IS A REGULAR MEETING OF THE TUESDAY JANUARY 3RD 2023 PROSPER

[1. Call to Order / Roll Call.]

REQUEST FORM LOCATED IN THE TOWN WEBSITE OR IN COUNCIL CHAMBERS. IF YOU'RE ATTENDING IN PERSON, PLEASE SUBMIT THIS FORM TO THE BOARD CHAIR OR STAFF MEMBER PRIOR TO THE MEETING. WHEN CALLED UPON, PLEASE COME TO THE PODIUM AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. ITEM NUMBER TWO THIS EVENING IS THE PLEDGE OF ALLEGIANCE. WOULD YOU PLEASE RISE? LEAVE IT TO THE BLACK. ONE NATION. ALRIGHT I DON'T REMEMBER. THREE THIS EVENING IS OUR CONSENT AGENDA.

[CONSENT AGENDA]

[CITIZEN COMMENTS]

AND, UH, WE ALL OF PEOPLE WERE LIKE, WELL, WHY? HOW COULD THIS HAPPEN? YOU KNOW, WE WERE TOLD WE WERE TOLD. AND SO, UH, WE WENT TO THE I WENT TO THE PROSPER WEBSITE AND SAW THAT THERE WAS THIS WONDERFUL STRATEGIC PLAN, LIKE PUT OUT AND, UH THE REASON WE WERE TOLD THAT IS BECAUSE THAT'S THE VISION FOR THE CITY, AND WE LIKE THE VISION FOR THE CITY. WE WANT THE VISION TO STAY THE SAME. UM BECAUSE IF WE IF WE ALLOW THIS TO HAPPEN, THEN THE PRINCIPLES

[00:05:02]

AND THEN PRINCIPLE THREE. TALKS ABOUT HAVING, UM. EVERYTHING IN THE COMMUNITY. UM WITH PROPERTY OWNERS COMPLYING TO TOWN CODES AND REGULATIONS LIKE HAVING THAT THERE, UM, WOULD VIOLATE HAVE BECAUSE IT WOULDN'T BE PROPERTY OWNER. OWNER OCCUPIED AND THEN, UM, PRINCIPLE FOUR TALKS ABOUT HAVING A SAFE COMMUNITY OR FEELING SAFE AND YOUR COMMUNITY AND HAVING HIGH DENSITY AND SMALL AREAS. UH, AFFECT SAFETY. PRINCIPLE SEVEN TALKS ABOUT THE DYNAMIC HALLWAY CORRIDOR AND, UM , HAVING HIGH VALUE DEVELOPMENTS THERE AS WELL. UM SO HAVING THE APARTMENTS THERE WOULD GO WOULD VIOLATE THIS PRINCIPLE AS WELL. BUT, UM. SORRY. I LIKE TO ME TRAINERS. BUT, UM. I DIDN'T BUT UNIVERSALLY I TALKED TO I WENT DOOR TO DOOR TALK TO MANY OF MY NEIGHBORS AND UNIVERSALLY THIS WE DO DO NOT WANT THIS THERE AND WE LOVE PROSPER. WE LEFT THE VISION FOR PROSPER AND WE ASKED THAT, UM THE VISION JUST STAY AND CONTINUE AS IT WAS LAID OUT. THANK YOU. THANK YOU. IF WE HAVE ANYONE ELSE THIS EVENING. IF THERE'S NO OTHER COMMENTS THIS EVENING, LET'S MOVE TO OUR

[4. Conduct a public hearing and consider and act upon a request to rezone 14.2± acres from Commercial Corridor District (CC) and Agricultural District (A) to a new Planned Development for Multifamily Use, located northside of First Street and west of Dallas Parkway. (Z22-0022)(Request to be tabled.)]

COMPARED TO THE FIRST REVIEW OR SECOND REVIEW. WE'VE KIND OF HAD JUST NOW A FEW UM, SO I THINK THE 17TH AGAIN IF THERE IS A REQUEST TO BE TABLED DELIVERED TO THE SAME ACTION ESTIMATE.

THANKS, DAVID. SO I'LL ENTERTAIN THAT MOTION TO TABLE FOUR. CERTAIN WHAT? WHAT? WHAT'S YOUR COMMENT? EMOTION WE TABLE AT THEM FOR UNTIL JANUARY. 17TH 2023 PUBLIC HEARING AT THAT TIME. IN A SECOND. SO WE HAVE A MOTION TO TABLE ITEM FOUR TO THE JANUARY 17TH MEETING FROM COMMISSIONER PENNIES, A SECOND FROM COMMISSIONER JACKSON ON ITEM FOUR. ALL THOSE IN FAVOR OF

[00:10:02]

[5. Planning and Zoning Commissioner Training.]

DAVID. YOU WANNA INTRODUCE THAT TO US? YES. SO WE HAVE, UM TERRY , WHO'S GOING TO JUST PRESENT EVERYONE BEING HERE TONIGHT? AND UH, YEAH. I APPRECIATE YOUR COMMENTS, AND I KNOW THERE ARE SEVERAL EMAILS THAT CAME IN. AND UH, YOU'RE WELCOME TO TRAINING WITH. AND YEAH, YOU ARE. WELCOME TO STAY. I KNOW. YES, THEY DIDN'T WANT TO. NO. SO WHAT I WAS SAYING WAS THAT WE DEFINITELY WANTED TO HAVE JUST SOME SORT OF TRAINING ON ZONING ONE. OH, ONE UM, I KNOW WE DID THIS MAYBE A COUPLE OF YEARS AGO WITH SOME OF THE COMMISSIONERS. I KNOW WE'VE BEEN TRYING TO FIND SOME TIME FOR THE PAST. I THINK FIVE MONTHS UM SO WE'RE EXCITED TO HAVE THIS AND I SAID TERRY IS REALLY GOING TO TAKE OFF AND YOU PROVIDED PACKETS BUT AGAIN ENCOURAGE EVERYONE TO ASK ANY QUESTIONS. IT'S JUST KIND OF THE TIME TO ASK ANY QUESTIONS FOR ANY ZONING ITEMS. AND SO THAT'S REALLY ALL I HAVE, AND I'LL PASS IT ON TO DETERMINE, UH OOPS. I'M SORRY TO KEEP YOU CAN KEEP WALKING OUT. IT WON'T BE REALLY QUICK. I WAS ACTUALLY JUST TALKING TO, UM DOUG ABOUT THIS.

THE SO DO WE HAVE? THE DATA ON HOW MANY MULTI FAMILY UNITS WE HAVE CURRENTLY HOW MANY WE HAVE PROPOSED. AND WHAT'S THE ARGUMENT? SEE WITHIN THE CITY OF THOSE, UM I MEAN, IF WE DO THAT, THAT WOULD BE GREAT BECAUSE I'M MORE THAN HAPPY TO TALK TO YOU AFTER THE MEETING, BUT WE DO HAVE A MAP OF ENTITLEMENTS AND YOU KNOW, IT'S MAYBE NOT THE OCCUPANCY RATE, BUT I CAN PROBABLY FIND THAT OUT. BUT, YEAH, I'M MORE THAN HAPPY TO TALK TO YOU PLAN AND WE CAN GO FROM THERE. THAT'S WHAT I WAS AND WHAT WE'LL DO IS WE'LL INCLUDE THAT MAP FOR THE 17TH.

IT'S JUST IS THIS SORRY? ONE MORE QUESTION IS THIS PART OF THESE APARTMENTS, PART OF THE ORIGINAL 6200 UNITS? CHALLENGE? THIS IS A CHANGE. YEAH I THINK THAT'S A LITTLE BIT HIGHER NOW.

BUT YEAH, AGAIN MORE THAN HAPPY TO DISCUSS WITH. YOU CAN HAVE THAT FOR THE NEXT MEETING. MHM.

WE DON'T BREAK THE YEAH. SO I'M GOING TO PASS IT ON TO TERRY. THANKS DAVID. AND I'M I'M KIND OF I'M TERRY WELCH. I'M KIND OF USED THAT WITH THE LAWYER GIVES HIM TO SPEAK PEOPLE LEAVING, SO LET ME START OFF WITH IS ANYBODY? ANYBODY HERE? GO TO A AND M. YEAH THAT WAS IN MY HEAD.

YEAH PROBABLY LIKE MY JOKES. THERE'S A LONGHORN AND A G AND A PIG IN A HOSPITAL WAITING ROOM.

AND THEY'RE ALL EXCITED, AND THE NURSE COMES OUT AND SAYS CONGRATULATIONS, GENTLEMEN.

YOU'RE ALL NEW FATHERS, SO THEY'RE ALL EXCITED. THEY'RE ALL HIGH FIVING ONE ANOTHER. THE NURSE COMES BACK OUT A FEW MINUTES LATER, AND SHE SAYS, WELL, GENTLEMEN, WE HAVE A PROBLEM. WE'VE MIXED UP THE BABIES. WE DON'T KNOW WHICH BABY BELONGS TO EACH OF YOU. I WANT YOU ALL TO TALK ABOUT HOW TO RESOLVE THAT. SO THE LONGHORN, THE AGGIE OF THE PIG? GET TOGETHER THEY DECIDE THAT THEY'RE GONNA DRAW STRAWS TO GO IN AND TO THE NURSERY AND DETERMINE WHICH BABY IS THERE'S SO THEY DRAW STRAWS AND JUST LIKE HISTORY HAS SHOWN US FOR OVER 100 YEARS. THE LONGHORNS ONE LONGHORN ONE SO HE GOES INTO THE INTO THE NURSERY, AND HE COMES BACK OUT A FEW MINUTES LATER, AND HE HAS A BABY PIGLET IN HIS ARM. AND THE NURSE KIND OF LOOKS AT HIM QUIZZICALLY AND SAYS, YOU KNOW YOU'RE SUPPOSED TO GO IN THERE AND CHOOSE THE BABY. THAT WAS YOURS. YES MA'AM, AND YOU CHOSE THE BABY PIGLET. LONGHORN SAID. I JUST COULDN'T TAKE THE RISK OF GETTING THAT AGGIE BABY SO ANYWAY. THE POINT OF OUR TRAINING IS YOU WANT TO MAKE SURE YOU DON'T GET STUCK WITH THE HAGI BABY NOW TONIGHT. I'M NOT GONNA START READING STATUTES TO YOU'RE DOING THINGS LIKE THAT. I'M GONNA KIND OF BREEZE THROUGH SOME OF THE SOME OF THE ACTUAL STATUTORY LANGUAGE. I HAVE A BOOK THAT ANOTHER GUY, MY OFFICE, ROBERT BROWN AND I HAVE PREPARED WE DO A TWO DAY COURSE TWICE A YEAR COUNCIL OF GOVERNMENTS ON BASICS OF PLANNING HIS OWNING AND THE BOOKS ARE ABOUT 125 PAGES LONG. IT MAKES A GREAT HOLIDAY GIFT I MIGHT ADD. IF YOU CAN'T SLEEP, READ THE BOOK, BUT IT JUST IS A RESOURCE FOR YOU ALL. AND UH AND ALSO I HAVE THE POWER POINT SLIDES. SO LET ME GO AHEAD AND GET STARTED. NOW LET ME JUST SAY

[00:15:04]

BUILT TWO SESSIONS AGO MADE IT ALL THE WAY TO THE END OF THE LINE. IF YOU REMEMBER THAT WAS A YEAR OF THE BATHROOM BILLS AND A BUNCH OF BUNCH OF BILLS THAT KIND OF DIED AT THE LAST MINUTE.

THAT WAS ONE OF THEM. IT DIDN'T REALLY SHOW BACK UP. IT WAS RE FILED TWO YEARS AGO, AND IT WENT NOWHERE. SO ONE YEAR WAS REALLY KIND OF MOVING THROUGH COMMITTEE HEARINGS AND PUBLIC INPUT AND THEN DIES AT THE END OF THE SESSION. THE NEXT SESSION, IT GETS FILED AND NOTHING. NOTHING HAPPENS WITH US, SO WE EXPECT SOME MORE MOVEMENT THERE, TOO. BUT WE JUST NEED TO BE A LITTLE BIT WARY OF WHAT THEY MIGHT DO. WHAT WE'VE SEEN IS OVER THE LAST 20 YEARS AS A CONTRACTION OF MUNICIPAL AUTHORITY. SO THINGS HAD CITIES DID ALL THE TIME HAVE NOW BEEN? THE LEGISLATURE STEPPED IN AND SAID NO. SO WE'LL SEE WHAT WHAT WILL HAPPEN WHEN THE LEGISLATURE MEETS. I MEAN, I DON'T EXPECT ANY EXPANSION OF MUNICIPAL AUTHORITY. IF ANYTHING , I WOULD EXPECT OUR REDUCTION IN MISERABLE AUTHORITY. NOW ZONING IS ONE OF THOSE ODD THINGS JUST IN AND STATE LAW.

IT'S NEVER REALLY DEFINED BY BY STATUTE. AND, UM. THE IT DOESN'T DEFINE WHAT ZONING IS IT JUST TALKS HOW YOU DO ZONING IN THE STATE. AND YOU KNOW AGAIN, WE ALL KNOW. UH AND YOU CERTAINLY KNOW THAT. YOU KNOW IT. YOU'RE DIVIDING YOUR YOUR CITY MUNICIPALITY IN TWO DISTRICTS OF DIFFERENT REGULATIONS FOR EACH OF THOSE DISTRICTS. UM AND TO GIVE YOU JUST A BRIEF, VERY BRIEF HISTORY OF ZONING. WHY DID IT FLOURISH? WELL FOR 203 100 YEARS IN THIS COUNTRY. MOST CASES MOST COURSE I LOOKED AT ZONING DECLARED UNCONSTITUTIONAL OR EITHER UNDER FEDERAL LAW AND STATE LAW. BUT IN THE LATE 18 HUNDREDS YOU HAD SQUALID CONDITIONS. A LOT OF MAJOR CITIES YOU HAD THE CHICAGO FIRE AND 18 77 LEAVE. IT WAS YOU HAD THE SAN FRANCISCO EARTHQUAKE IN THE EARLY 19 HUNDREDS. AND THERE WAS A MOVEMENT OF FOOT TO SAY. MAYBE WE NEED TO DO SOMETHING ABOUT REGULATING LAND USES ONE OF THE ISSUES IN CHICAGO AS YOU HAD BEAUTIFUL HOMES ALONG THE LAKE SHORE, AND YOU HAD AN EXTRA THAT WOODEN STRUCTURES. SO WHEN A FIVE WHEN THE FIRE CAME WINDOW STRUCTURES, BURNED DOWN AND JUST WRITE A LOT OF NICER, LOOKING NICER LOOKING BUILDINGS. SO THIS THIS MOVING THE FOOT AND THE MOVEMENT FOR THE REGIONAL PROPERTY GAINED MOMENTUM. THE LATE 18 HUNDREDS EARLY 19 HUNDREDS. AND THERE'S ALSO A CITY BEAUTIFUL MOVEMENT, AND THAT WAS FAIRLY AH LARGE SCALE MOVEMENT EARLY 20TH CENTURY. AND I TALKED ABOUT THINGS THAT WERE THAT WE TAKE FOR GRANTED TODAY. WHAT SHOULD WE PAVE THE STREETS RATHER THAN HAVE MUD STREETS ABOUT SIDEWALKS? HOW ABOUT STREET LIGHTING? HOW ABOUT TREES AND PUBLIC PARKS? AND MAINTENANCE OF ATTRACTIVE RESIDENTIAL AREAS. SO BY THE 19 TWENTIES, A LOT OF CITIES HAVE ADOPTED ORDINANCES THAT ADDRESS ZONING, BUT THEY STILL HADN'T BEEN APPROVED BY THE COURTS. AND THEN THE FEDS STEPPED IN. THIS IS HERBERT HOOVER, THE DEPARTMENT OF U. S. DEPARTMENT OF COMMERCE IN THE 19 TWENTIES, CAME OUT WITH SOME SUGGESTED GUIDELINES. AND THEY HAD MODEL STATE ZONING ACTS AND MODEL STATE PLANNING ACTS AND MADE A DISTINCTION BETWEEN THE TWO. SO THAT THAT WENT FORWARD. AND THEN THE THIS IS JUST A COPY OF WHAT IT LOOKED LIKE BACK. ALMOST 100 YEARS AGO. SO ANYWAY, THAT EVENTUALLY GOT APPROVED, ONLY GOT APPROVED IN THE 1926 DECISION BY U S SUPREME COURT, AND IT WAS, UH, IT CAME OUT OF EAST CLEVELAND, OHIO. AMBLER REALTY IS THE NAME OF THE LAWSUIT, BUT IT WAS KIND OF PRECURSOR TO MODERN ZONING, AND THAT'S THE FIRST CASE I SAID CITIES HAVE THE POLICE POWER TO REGULATE USES A PROPERTY IN THEIR CORPORATE LIMITS. SO THAT WAS A KIND OF SHOCKING THING. AND THAT WAS IN THE LATE TWENTIES 26 TEXAS ADOPTED IN THE EARLY 19 THIRTIES. AND IT ALL COMES FROM THE STANDARD ZONING ENABLING ACT, WHICH IS WHAT THE DEPARTMENT OF COMMERCE DID WITH HERBERT HOOVER. THE TWENTIES.

AND AGAIN, IT WAS KIND OF IT WAS UNIQUE IN THAT IT DIDN'T DEFINE A LOT OF THINGS, BUT IT GAVE YOU

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FLORIDA'S ONE EXAMPLE NEW JERSEY IS ANOTHER EXAMPLE. AND WHAT THE ZONING ENABLING ACT DOES. IT PUTS LIMITATIONS ON WHAT LOCAL GOVERNMENTS CAN DO, AND IT HAS ESTABLISHED PROCEDURES FOR AMENDMENTS FOR SPECIAL EXCEPTIONS FOR VARIANCES. YES IT CREATED A BOARD OF ADJUSTMENTS OR SOMEONE FELT THERE WAS A THERE WAS AN ISSUE. THEY COULD GO TO THE BOARD OF ADJUSTMENT.

IF FOR EXAMPLE, THE ADMINISTRATIVE OFFICIAL HAD HAD MADE A DECISION THAT THEY WANTED TO APPEAL. AND IT WENT ON THE ODD THINGS THEY HAD IN IT THAT THAT HAS KIND OF BEFUDDLED THAT KIND OF BEFUDDLED TEXAS COURTS FOR PROBABLY FROM THE THIRTIES TO THE LATE NINETIES WAS ALL ZONING HEAVY ACCORDANCE WITH A COMPREHENSIVE PLAN. THE STATUTE SAYS THAT, BUT NOWHERE IN THE STATUTE DOESN'T DEFINE WHAT A COMPREHENSIVE PLAN IS. ZONING HAS TO BE IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BUT WE'LL LEAVE IT UP TO YOU CITY TO MAKE A DETERMINATION. WHAT'S A COMPREHENSIVE PLAN AND WHAT YOU WANT TO PUT IN YOUR COMPREHENSIVE PLAN IN TEXAS THAN IN AFRICA? STATUTORILY ADDRESSED THAT TO 1995. SO THAT WAS A PROBLEM. THAT WAS A REAL CONCERN. SO WHAT DOES THAT MEAN? I CAN ZONE PROPERTY BY HIS OWN PROPERTY HAS TO BE IN ACCORDANCE WITH A COMPREHENSIVE PLAN AND WE'LL TALK A LITTLE BIT ABOUT THAT. SO THE STATUTE TALKS A LOT ABOUT WHAT THE PURPOSE OF ZONING IS. THAT DOESN'T REALLY GET YOU OVER THE HURDLE AND TRYING TO DETERMINE WHAT CITY WHAT A CITY CAN AND CAN'T DO AS A MATTER OF LAW WAS ONLY FOR MOST PUBLIC HEALTH, SAFETY, MORALS, WELFARE YOU PRESERVE AREAS OF CULTURAL HISTORICAL SIGNIFICANCE, ETCETERA. I MEAN, THOSE ARE NICE. LAUDATORY GOALS, BUT THEY DON'T TELL YOU TOO MUCH OF WHAT YOU CAN DO AND AGAIN, IT SAYS OWNING HAS TO BE IN ACCORD WITH COMPREHENSIVE PLAN. AND THESE ARE SEVEN OTHER THINGS MENTIONED BY STATUTE. WHAT CITIES CAN DO. AND UM, REALLY ON ON, AND I THINK WHAT WE LOOK AT MEANS YOU SECURE SAFETY FROM FIRE PANIC, ANOTHER DANGEROUS. THAT'S NOT SOMETHING WE LOOK AT. OBVIOUSLY PROMOTING GENERAL HEALTH AND WELFARE IS A GENERAL BROAD CONCEPT. AH BUT WE LOOK AT A LOT NUMBER SIX, AVOIDING UNDUE CONCENTRATION OF POPULATION.

FIVE PREVENT OVERCROWDING A LAND BY REGULATING THE USES OF PROPERTY AND HOW MANY HOW MANY PEOPLE? IN ESSENCE, HOW MANY PEOPLE CAN RESIDE ON A PIECE OF PROPERTY OR IN A IN A MULTI FAMILY STRUCTURE, FOR EXAMPLE. UM I JUST WROTE A PAPER. FOR THE FOR YOU. T LAND USE CONFERENCE ON HOW THE COURSE OF DEFINED FAMILY. WE TALK ABOUT MULTI FAMILY RESIDENCE OR SINGLE FAMILY RESIDENTIAL. OKAY, WELL, WHAT'S THE FAMILY? AND THERE ARE COURT CASES. THEY'RE SUPER U. S.

SUPREME COURT'S ONLY ADDRESS IT TWICE IN THE LAST 100 YEARS, BUT A LOT OF STATE SUPREME COURTS HAVE ADDRESSED WHAT AS A FAMILY AND YOU GO WHAT WE THINK OF MOM. DAD, KIDS. CLEARLY THAT'S THE FAMILY WELL, HOW MANY UNRELATED PEOPLE CAN LIVE TOGETHER? WHO WHAT? WHEN DOES THAT CONSTITUTE OF FAMILY? SOME SOMETHING JUST BOARD IS TO SAY ONE PERSON CONSTITUTES A FAMILY. SOME SAY TO PEOPLE CONSTITUTE A FAMILY. SO HOW MANY PEOPLE CAN I HAVE IN MY HOME WHO ARE UNRELATED AND STILL BE A FAMILY FOR A SINGLE FAMILY AND MULTI FAMILIES OWNING PURPOSES? MOST MANY ORDINARY, IT'S AMAZING HERE IN TEXAS ALONE , THERE ARE WIDE VARIATIONS OF WHAT CONSTITUTES A FAMILY FOR ZONING ORDINANCES. SO ZONING REGULATIONS AGAIN. THIS IS THIS IS WHAT THE STATUTE SAYS. YOU CAN REGULATE AND AGAIN, POPULATION DENSITY. AND THEN, UH, PROBABLY. I MEAN, YES, WE LOOK AT THE HEIGHT NUMBER OF STORIES, SIZE OF BUILDINGS AND WHAT A LOT OF PERSONAL LOCK AND TO BE OCCUPIED ETCETERA, BUT REALLY FIVE IS PROBABLY KEY. WE LOOK AT THE LOCATION, THE USE OF BUILDINGS, OTHER STRUCTURES AND LAND FOR BUSINESS FOR RESIDENTIAL, RESIDENTIAL OR OTHER PURPOSES. THAT IS PROBABLY WHERE MOST OF OURS ARE. THE PLAY IS ZONING REGULATIONS. YOU LOOK AT. HOW DO WE USE OUR PROPERTY WASN'T APPROPRIATE USE OF PROPERTY AND HOW DO WE WANT TO CHANGE THE USE OF THE USE OF THE PROPERTY? SO AGAIN. BIG BROAD GENERAL PRINCIPLES. UM. WHEN YOU GET DOWN NOW TO HOW YOU NOTICE PEOPLE ABOUT CHANGES GOING ON TO A ZONING ORDINANCE THAT IS SPELLED OUT IN THE STATUTE AND TOWN STAFF PLAYS OF REALLY SIGNIFICANT ROLE IN THIS, OF COURSE. AND THEY GO THROUGH CONSENTING SOME OF THAT KIND OF NORMAL THINGS. I'D SAID I CONSIDER EVERY CITY WILL GO THROUGH IS THAT WE LOOK AT FIRST WITH COMPLIANCE WITH THE CONVERT COMPREHENSIVE PLAN. THE STATUTE SAYS ZONING HAS TO COMPLY WITH THE COMPREHENSIVE PLAN. WE HAVE A COMPREHENSIVE PLAN, SO IT DOES A REQUEST A ZONING CHANGE, FOR EXAMPLE, COMPLY THE COMP PLAN, OR DO WE NEED TO CHANGE OUR COMP PLAN, SO THAT IS ONLY WOULD COMPLY WITH IT. AND AGAIN. THIS IS WHERE THE WINDOW AND AFRICAN COMES IN. THIS IS WHAT STAFF HELPS THEM WITH. AND THEY TALKED TO THEM. THEY ASSISTED THE APPLICANT. THE TOWN PROCESS IS KIND OF HOW WE DO THINGS. WE

[00:25:03]

LET'S JUST TABLE IT AND WE'LL POSTPONE IT. I MOVED TO POSTPO C DATE. THEN THE PUBLIC DOESN'T KNOW WHAT THE NEW DATE IS. WE'RE WE ARE REQUIRED TO RE NOTICE THAT SO THAT'S WHY IT'S IMPORTANT THAT WHEN YOU WHEN YOU MAKE A MOTION TO POSTPONE CONSIDERATION OR SOMETHING, YOU ALWAYS HAVE THAT SPECIFIC DAY THAT KEEPS US FROM HAVING TO RE NOTICE SOMETHING. NOW ANY CITY WITH A CITY GETS IT. AGAIN WHEN YOU MAKE A ZONING DECISION AS OPINIONS, THE OR THE TOWN COUNCIL MAKES HIS OWN DECISION DECISION. YOU HAVE A LOT OF DISCRETION IN MAKING THAT

[00:30:03]

THEY DON'T HAVE TO DO THAT. ABOUT HALF THE CITY'S I WORK WITH DON'T HAVE THAT PROVISION.

PROSPER DOESN'T HAVE THAT PROVISION. AND WE'VE KIND OF OPTED OUT OF THAT PROVISION IN OUR IN OUR IN OUR ZONING ORDINANCE AND OUR OUR TOWN CHARTER. SO WE DON'T HAVE THAT PROVISION. BUT WE DO HAVE UNDER STATE LAW. WE CAN'T OPT OUT OF NUMBER TWO. ABOUT 20% RULE 20% OF THE EFFECTIVE PROPERTY, OR 20% OF REAL PROPERTY AND 200 FT . IF THAT IS PROTECTED BY THE OWNERS OF THOSE THOSE PARCELS, THEN THAT TRIGGERS A THREE QUARTERS VOTE COUNTS ON COUNCIL TO APPROVE SOMETHING. SO IF THERE IS A PROTEST AND THE PROTESTERS, NOT OF THE PNC STAGED A PROTEST AT THE COUNCIL STAGE. SO IF WE GET THAT FOR AFTER PSC, LET'S SAY YOU MAKE A RECOMMENDATION TO APPROVE SOMETHING. AND THEN BETWEEN THE TIMES FROM P AND G TO THE TIME AGO TO COUNCIL WE GET THIS PROTEST AND ASSIGNED BY THE APPROPRIATE NUMBER OF PEOPLE.

AND THAT'S A I WOULDN'T SAY IT'S AN EASY PROCESS AS A FAIRLY CONCEPTUALLY SIMPLE PROCESS. WE JUST TAKE THAT 200 FT. BUFFER AROUND A PIECE OF PROPERTY BEING REZONED OR BEING CLOSED FOR REZONING AND BECAUSE BECAUSE OF THE BEAUTY OF G, I S AS MUCH EASIER THAN IT USED TO BE. 20 YEARS AGO. WE JUST CALCULATE WHAT PERCENTAGE OF THE OF THE OWNERS OF PROPERTY ARE PROTESTING IT. IF YOU GET 23% OF PROTESTING THE ZONING CHANGE THAT TRIGGERS A THREE QUARTERS VOTE ON A TOWN COUNCIL, MEANING SIX OUT OF SEVEN COUNCIL MEMBERS HAVE TO VOTE FOR IT. AND IF YOU MISS, IF WE HAVE IF WE HAD TO COUNCIL MEMBERS MISSING FOR THAT , THEN IT'S GOING TO FAIL BECAUSE YOU NEED SIX OF US. YOU NEED 3/4 OF THE OTHER VOTES. AND THOSE ARE THE PEOPLE WHO ARE ELIGIBLE TO VOTE. NOT IF YOU'RE NOT NOT 3/4 OF THOSE PRESENTS. SO THAT TRIGGERS THAT SUPERMAJORITY REQUIREMENT UNDER STATE LAW. TURN YOUR LIFE FROM A TURNING, MICHAEL. SORRY ARE WE OPTED IN OR OUT OF THAT WE HAVE OPTED OUT OF THE THREE QUARTERS RULE. PSC DENIES. WHY IS THAT 20% RULES MANDATED BY STATE LAW . WE CAN'T OFTEN I GOT MY WHY? WHY WORRY, WE OPT OUT OF THAT THREE QUARTERS. WELL IN IN THE CHARTER. WHEN THE CHARTER WAS UNUSUALLY ADOPTED, IT PROVIDES CHANGED. BY CHARTER AMENDMENT CAN BE CHANGED. SO. AND NOW IN THE IN THE BOOK. I AM NOT GOING TO GO THROUGH ALL THIS. I HAVE A BUNCH. THERE ARE A BUNCH OF ZONING TERMS. YOU MAY HEAR A LOT OF OVER THE YEARS. AND I'M NOT GONNA I'M NOT GOING TO FIND ALL THESE. I'M JUST GOING TO FLASH THESE UP ON THE SCREEN FOR YOU ALL TO TAKE A LOOK AT UH, THESE ARE TERMS THAT WE ENCOUNTER ALL THE TIME AND ZONING CASES. AND YOU, YOU MAY HEAR THEM ON OCCASION. I JUST WANT TO. I JUST WANT TO KIND OF BRING THEM TO YOUR ATTENTION RIGHT NOW. YEAH, LET ME JUST SAY SOME KIND OF SOME BRIEF. FREQUENTLY ASKED QUESTIONS ACCUSED CAN THE AREA OF LAND SUBJECT TO ZONING CHANGE BE INCREASED. THE ANSWER IS NO. SO IF, IF A DEVELOPER COMES IN, AND SO I WANT TO REZONE 100 ACRES, 100 ACRE TRACT. AND WE NOTICED THAT WE DO EVERYTHING UNDER STATE LAW REQUIRED TO DO AND HAVE TO HEARING I'VE HAD THIS OCCUR A FEW TIMES. THE APPLICANT SAYS. I MADE A MISTAKE

[00:35:01]

PUBLIC PUBLICLY. E. WELL, WHAT IF IT'S REDUCED? CAN YOU CAN YOU DO THAT? SO I WILL GO FORWARD WITH THE ANSWER IS YES. SO AS A RIVER. IT'S KIND OF A FLIP. IF WE HAVE NOTICED, 100 ACRE TRACK BEING REZONED AND THEN WE FIND OUT IT'S ACTUALLY A 98 ACRE TRACT. WE'RE GOOD. WE PROBABLY OVER NOTICED THE PROPERTY, SO WE'RE GOING TO BE GOOD THERE. NOW, AFTER THE DIFFERENT TRACKS OF YOU KNOW COMPLETELY AWAY FROM IT. JUST WE'RE LOOKING AT THE SAME TRACK OF THAT IF THAT'S THE AREA THAT'S BEEN REDUCED, SO WE'RE GOOD IN THAT IN THAT CASE. IN THE AREA OF LAND SAID TO HIS OWN CHANGED THE ZONE TO A MORE INTENSE USE, AND IT WAS ADVERTISED. THE ANSWER TO THAT IS NO NO, IT'S SO IF WE'RE LOOKING AT SOMETHING AT, UH, 10,000 SQUARE FOOT LOTS. AND WE'VE NOTICED 10,000 SQUARE FOOT LOSS. WE CAN'T SAY OH, YOU KNOW WHAT WERE WE WANT? 5000 SQUARE FOOT. THAT'S A MORE INTENSE USE OF PROPERTY IS NOT PERMITTED UNDER STATE LAW, AND WE HAVE TO LOOK AT OUR ZONING ORDINANCE ORDINANCES ANYWAY, TO MAKE THESE DETERMINATIONS TO MAKE SURE THAT WE'VE GIVEN THE RIGHT UM THEY'RE THEY'RE THEY'RE RIGHT AND PROPER NOTICE. SO WHAT? SPOT ZONING? THERE ARE PROBABLY 50 CASES UNDER STATE LAW THAT DEFINES SPOT ZONING AND I'LL TELL YOU SOME OF THEM ARE PROBABLY FLAT OUT WRONG. THEY'RE OLD CASES. SO GENERALLY RESPOND. ZONING IS YOU USE OWN A PIECE OF TRASH PIECE OF PROPERTY AND THE IT'S NOT IN COURSE, WITH YOUR COMPREHENSIVE PLAN TO GIVE YOU KIND OF A KIND OF A RIDICULOUS EXAMPLE. IF I TAKE. WHAT'S OUR WHAT? I TAKE WINDSONG BIGGEST DEVELOPMENT IN IN IN THE TOWN. HMM AND I GO. YOU KNOW, I'M GONNA GET TO RESIDENTIAL LAWS. I'M GONNA REZONE THOSE TWO LOTS TO COMMERCIAL USE BECAUSE I WANT TO PUT A GAS STATION THERE BECAUSE I LIKE TO GET A BIG GOLF AT MIDNIGHT, SO I WANT TO HAVE A 7 11 TO GO THERE. YOU GO. YOU KNOW , NO MATTER HOW MUCH YOU MAY LIKE THAT IDEA THAT DOESN'T CONFORM WITH A COMPREHENSIVE PLAN. SO IF PNC AND COUNCIL VOTES TO CHANGE THAT IT'S INCONSISTENT WITH THE USE OF THE PROPERTY IS OBVIOUSLY INCONSISTENT WITH THE USE AROUND THE PROPERTY OTHER USES AROUND THE PROPERTY SO THAT WOULD BE SPOTS ON THAT BECOMES EGREGIOUS CASE. THAT'S NOT AS CLEAR CUT WHEN TAKE A LOOK AT A BIG RESIDENTIAL SUBDIVISION AND I TAKE A PIECE OF LAND NEAR A HIGHWAY ZONE RESIDENTIAL. I WANT TO MAKE THAT. 7 11. THAT'S NOT THAT'S THAT'S A LITTLE MORE COMPELLING CASE THAT MIGHT NOT BE SPOTS ON YOU. BUT AS A GENERAL RULE IF YOU FOLLOW THE IN ACCORDANCE WITH THE CONFERENCE HAS A PLAN REQUIREMENT OR STATE LAW WE SHOULDN'T GET INTO ISSUES ABOUT SPOT ZONING, BUT CASES ARE KIND OF ALL OVER THE PLACE IN TEXAS, AND THEY ARE ALL VERY, VERY FAST INTENSIVE. SO IT'S KIND OF HARD TO SAY OTHER THAN A GENERAL. IDEA OF WHEN YOU DEPART FROM YOUR COMPREHENSIVE PLAN YOU'VE ENGAGED IN SPOTS OWNING IT TENDS TO BE A CASE BY CASE DYNAMIC. CAN I SHARE CLARIFYING QUESTION CONFERENCE IN TERMS OF DEVIATING FROM THAT AT THE COUNCIL LEVEL OR THE TOWN LEVEL? IS THAT SOMETHING THAT'S REGULARLY DONE IF YOU LOOK AT THE LAST I DON'T KNOW YEAR SO DAVID IS THAT SOMETHING THAT HAPPENS ON A REGULAR BASIS? ARE WE PRETTY HARD AND FIRM WITH THE CONFERENCE OF PLAN.

SO THEY CAN PLAN IS THE END ALL BE ALL BUT ESSENTIALLY THE GOVERNING DOCS. FOR ALL THINGS WE'RE GOING TO REVIEW, WITH THE EXCEPTION OF TOWN CHARTER ITEMS OR OTHER ITEMS THAT WOULD SUPERSEDE THAT OR HOW DOES THE TOWN CHARTER PLAY WITH THAT, IN TERMS OF THE TOWN CHARTER REQUIRES. WE HAVE A PROVISION IN THE CONFERENCE CONFERENCE PLANNING THE TOWN CHARTER REQUIRES ONLY THE ACCORDANCE WITH THE CONFERENCE OF PLAN. OKAY EVEN IF OUR TALENTS OUR HAS BEEN REQUIRED TO STATE LAW REQUIREMENTS REQUIRES IT AS WELL. ONE OF THE ISSUES TELL YOU JUST A QUICK STORY ABOUT WHERE THAT ISSUE WAS REALLY SIGNIFICANT WAS BACK IN THE EARLY TO MID NINETIES. BUT PRIOR I THINK PROBABLY MY LAW FIRM. WE WERE INVOLVED IN THIS CASE AT

[00:40:06]

WE GOT HIM OUT ON A SET OF CALIPERS. THERE WAS AS THERE'S A ROLL. MY OWN THING CALLED THE VALIDATION STATUTE, AND IT WAS FOR TWO YEARS AT THE TIME. IT'S ALMOST LIKE A STATUE OF LIMITATIONS BECAUSE THEY DIDN'T TIMELY. BRING THE LAWSUIT. THEN THEY COULDN'T THEY COULDN'T COMPLAIN ABOUT PAST THINGS THAT THE COUNCIL HAD DONE. BUT THE COURT WAS CLEAR. THERE'S THREE TEXAS COURT WAS CLEAR. WHAT'S THE POINT OF A COMPREHENSIVE PLAN? WHAT'S THE POINT OF THE REQUIREMENT? HE HAD HIS OWN IN ACCORDANCE WITH A COMPREHENSIVE PLAN AND THEN SAY, HEY, CITY, YOU DON'T KNOW HOW TO FOLLOW IT. SO THEY SO SONNY BILL GOT OUT ON A TECHNICALITY. SO THAT'S ONE OF THOSE ISSUES THAT, UM THAT'S WHY WE NEED TO BE CAREFUL THAT OUR COMPREHENSIVE PLAN. AND SO I THINK BY DAVID SAID. WE MADE A WE MADE EFFORT THAT IF SOMEONE IS GOING TO CHANGE THE ZONING, THAT'S NOT INTERCOURSE FOR THE CONFIDENCE OF PLAN. THEN YOU FIRST NEED TO DO A COMPREHENSIVE PLAN AMENDMENT SO IT BECOMES IN ACCORDANCE WITH IF YOU AND JIMMY I THINK I WANT 30 TIMES WHEN YOU DO THE COMPLIMENT AMENDMENT THAT PASSES GERMANY BECAUSE ZONING WILL PASS, TOO, BUT THERE'S NO ACTUAL REQUIREMENT OF THAT. BUT THAT'S WHAT KIND OF BEEN THE EXPERIENCE WE'VE HAD HERE NOW WE HAVE A ZONING ORDINANCE, A TEXT AMENDMENT OR ZONING ORDINANCE. DO WE HAVE TO GIVE AN INDIVIDUAL PROPERTY ON HER NOTICES? SO IF WE SAY UH, WE'RE CHANGING. SIX PERMITTED USES. AND UM, COMMERCIAL ZONING DISTRICT, SO WE'RE GONNA ADD A BUNCH OF YOU SO THAT AREN'T CURRENTLY THERE ARE GOING TO TAKE AWAY FROM USES. DO WE HAVE TO GIVE INDIVIDUAL NOTICE THAT EVERYBODY HAS COMMERCIAL ZONING IN THE TOWN AND SAY, HEY, WE'RE GOING TO CHANGE THE BASE ORDINANCE AND THE ANSWER IS NO, WE DON'T. WE DON'T HAVE TO GIVE OUT PROPERTY, INDIVIDUAL PROPERTY OWNER NOTIFICATION, SO WE'RE NOT REQUIRED TO DO THAT, AND THAT'S ACTUALLY A CASE THAT CAME OUT OF OUT OF FRISCO. SO WE'RE NOT REQUIRED TO THAT ON IT ON A TEXT AMENDMENT TO IF WE'RE REZONING YOUR PROBLEM LIKE BRENNAN, WE'RE GONNA REZONE YOUR PROPERTY. YOU CLEARLY HAVE TO GET NOTICED THAT WE CHANGED SOMETHING IN OUR IN OUR ZONING ORDINANCE WERE NOT REQUIRED TO GIVE INDIVIDUAL NOTICE. WE GIVE NOTICE IN THE NEWSPAPER WE FOLLOW THAT PROCESS FOR INDIVIDUAL NOTICE ISN'T ISN'T REQUIRED. WHAT ABOUT A CASE WHERE IN THE PV. I WAS GOING TO SAY IT HAS FLOWER SHOPS. IN THE P D. BUT THEN WE DECIDE IN THE ORDINANCE OF FROM TOWN. WE DON'T WANT ANY MORE FLOWER SHOPS. HOW DOES THAT RECONCILE WITH THE PD? THAT ALREADY HAS IT VERSUS NOW? US TAKING IT AWAY? DOES THAT JUST IMPACT FUTURE PDS? OR IS THAT ACTUALLY STRIP IT OUT OF THE P D? DOESN'T I MAKE A STRONG BUT THAT IT DOESN'T TAKE IT OUT OF THE P D IF THAT IS A SPECIFIC

[00:45:02]

OH, THAT'S GONE. IF YOU SAY YOU GET COMMERCIAL USES, AS AUTHORIZED BY THE TOWN'S ONLY COORDINATES. I DIDN'T MAKE MUCH STRONGER CASE. WELL, THAT'S GONE. SO IN THAT CASE WHERE YOU THINK IT'S STRONG, IT WOULD BE FOR ANY FUTURE PDS IT WOULD BE ELIMINATED. NAZA CLEARLY. YES, YES. CLEARLY. NOW CAN CITIES ENFORCE BUILDING MATERIALS REQUIREMENTS THROUGH ZONING AND THIS? YOU KNOW, I WISH I HAD A BETTER ANSWER FOR THIS. THIS GOT CHANGED FOUR YEARS AGO NOW, UH AND IF YOU LOOK AT OUR ZONING ORDINANCE, PREPARE PETE WHILE YOU LOOK AT PD ORDINANCES IN PARTICULAR HISTORICALLY AND EVEN CURRENTLY WE STILL PUT IN BUILDING MATERIALS REQUIREMENT.

UM, BUT WE ALSO HAVE BEEN DOING DEVELOPMENT AGREEMENTS ON BUILDING MATERIALS. AND WHY HAVE WE DONE THAT? WELL IN 2000. 19, THE LEGISLATURE SAID. CITIES CAN'T REGULATED BY ROYAL CHARTER PROVISIONS, ORDINANCE BUILDING CODE OR OTHER REGULATIONS YOU CAN'T PROHIBIT OR LIMIT THE USER INSTALLATION OF BUILDING MATERIALS, AND THOSE ARE DEFINED IN THE STATUTE. AND SO, BASICALLY WHAT THAT AFFECTS OUR MASONRY REQUIREMENTS. THAT KIND OF HOW WE NORMALLY VIEW THAT AND SO ALL THE PDS WE HAVE WITH MASONRY REQUIREMENTS. YOU KNOW, IT'S 80% MASONRY. WHATEVER IT MAY BE. ALL THOSE ARE UNENFORCEABLE IN TEXAS. AS A RESULT OF THAT, SO THAT APPLIES TO OLD PDS THAT APPLIES THE NEW PDS. SO OUR METHOD OF ADDRESSING IT AND THIS HASN'T BEEN TESTED IN COURT. I THINK IT'S PROBABLY PROBABLY SOLID IS THAT WE HAVE DEVELOPMENT AGREEMENTS WHERE WE AGREE. WE'RE SOMEONE AGREES TO A CERTAIN AMOUNT OF A CERTAIN TYPE OF BUILDING MATERIAL OR CERTAIN PERCENTAGE. AND WHY IS THAT? WELL, BECAUSE THAT'S NOT AN ORDINANCE. THAT'S NOT A BUILDING CODE. THAT'S NOT A REGULATION IS A CONTRACT. AND THAT CONTRACT IS FILED IN THE RECORDS.

DEVELOPMENT AGREEMENTS JUST GETS FOUND INDEED, RECORDS AND THAT'S A CONTRACTUAL AGREEMENT JUST LIKE YOU WOULD HAVE ON SOME SORT OF DIG RESTRICTION ON YOUR PIECE OF PROPERTY. SO WE HAVE UTILIZED THAT AND OTHER CITIES HAVE UTILIZED THAT AS A CONSEQUENCE OF THIS BUT AND WHEN THIS WAS PASSED IN 2019, WE WERE TOLD I WAS ON A TASK WORK WITH TEXAS TEXAS MUNICIPAL LEAGUE THAT LOOK AT HOW CAN CITIES RESPOND TO THIS? BECAUSE THIS IS PRETTY DRAMATIC TO SAY. YOU CAN'T YOU KNOW SOMEONE COULD PUT UP 10 SHED NEXT TO YOUR HOUSE, AND THERE'S NOTHING WE CAN DO ABOUT IT. SO, UM YEAH, IT'S AN ISSUE. AND WE WERE TOLD THAT IF PASSED AT THE END OF 2019 LEGISLATIVE SESSION, AND TML FOLKS SAID IT WAS A MISTAKE. IT'LL BE REPEALED IN 2021. WE'RE GOING TO NEED LEGISLATION TO HAVE THAT REPEALED. AND NOTHING HAPPENED IN THE LAST SESSION OF THE LEGISLATURE, SO IT'S STILL GOOD. AND TML TEXT MUNICIPAL LEAGUE WANTED FOLKS TO SAY WELL, CAN YOU TELL US ANY HORROR STORIES OUT THERE WHERE SOMEONE BUILT SOMETHING THAT WAS TOTALLY INCONSISTENT WITH THE SURROUNDING AREA, SO WE GOTTA STAY SAY, LOOK, SEE, THIS IS WHAT YOUR WHAT YOUR NEW STATUTE HAS DONE. AND I'LL BE HONEST WITH YOU. THERE'S NOT REALLY NO ONE HAD ANY HORROR STORIES THEY SUBMITTED. SO THIS THIS LEGISLATION LEGISLATION HAS HAS STAYED INTACT. MAYBE IT'LL BE ADDRESSED THIS NEXT SESSION COMING UP. I DON'T KNOW, BUT I DON'T HAVE HIGH EXPECTATIONS. I THINK IT'S PROBABLY HERE TO STAY. SO WHAT WAS THE THOUGHT? WELL, YOU KNOW WHAT WAS THE THOUGHT PROCESS BEHIND THIS TO BEGIN WITH THIS COME OUT OF HOUSTON SOMEWHERE AND WANTED THIS BECOME. A LAW. WELL, YOU KNOW, THAT'S REALLY INTERESTING THAT WE'RE TALKING ABOUT THE LOBBYISTS, TML SAY. THIS CAME OUT OF NOWHERE AT THE END OF THE SESSION. AND WHAT HAPPENED? WHAT WHAT? AND THE STORY WAS, AND I DON'T SOUTH LAKE HAS DENIED THIS. AND THAT THERE WAS THERE WAS A STATEMENT THAT THEY, SOUTHLAKE REQUIRED A CERTAIN

[00:50:07]

LOOKS LIKE HOUSTON AS I GET YES . AND NO, I MEAN, YOU KNOW IN HOUSTON HAS NO ZONING, SO THEY DON'T THEY HAVE A LOT INDEED RESTRICTIONS, SO HOUSTON HAS THE AUTHORITY TO ENFORCE THE RESTRICTIONS. THAT WE IN NORTH TEXAS DON'T HAVE SO, UM SO IT IT WAS ALWAYS A LITTLE AMORPHOUS ABOUT WHERE THAT CAME FROM. BUT IT'S A STATUTE AND IT'S A STATE LAW AND IT DOESN'T APPEAR TO BE CHANGING. AND I THINK EVERY MUNICIPAL ATTORNEY I KNOW WOULD LIKE TO SEE THIS GO. I MEAN, ONE. THE RESPONSE FROM THE DEVELOPMENT COMMUNITY WAS AND I MEAN, I UNDERSTAND THIS. LOOK IF I'M BUILDING A NEW SUBDIVISION AND PROSPER, I'M NOT GONNA PUT IN METAL STRUCTURES. I MEAN, I MEAN, THERE'S NO MARKET FOR THAT. WHY WOULD I DO THAT? AND I THINK THAT'S TRUE. AND I THINK THAT THAT ADDRESSES A LOT. I MEAN, YOU KNOW, THERE'S A CERTAIN LOOK AND FEEL FOR A DEVELOPMENT THAT THAT THE DEVELOPMENT COMMUNITY OBVIOUSLY WANTS TO HAVE SO THEY CAN SELL HOMES. WHERE I SEE THIS. A REAL PROBLEM IS, UM NOT SO MUCH WITH PROSPER AS WE GROW, BUT FOR OLDER EXISTING PARTS OF YOUR COMMUNITY WHERE YOU HAVE YOU HAD BUILDING REQUIREMENTS AND SOMEONE ON A ONE OFF GOING TO CHANGE SOMETHING ON MY PIECE OF PROPERTY. I DON'T HAVE A DEED RESTRICTION RESTRICTING MY THE TYPE OF BUILDING MATERIALS I USE , SO I WANT TO BE THE WEIRD HOUSE ON THE BLOCK. I WANT TO DO SOMETHING STRANGE. I WANT TO GO FROM A BRICK HOUSE AND PUT IN A CORRUGATED STEEL STRUCTURE. AND I DON'T NEED A BUILDING. I MIGHT I MIGHT NEED A BUILDING PERMIT.

I DON'T NEED ANYTHING ELSE FROM THE CITY. I DON'T NEED A ZONING CHANGE. I DON'T NEED AN S U P. I DON'T NEED A PLAN. I DON'T NEED ANYTHING. I'M JUST GONNA GO DO IT. THAT'S WHERE I THINK WE GET INTO THE INTO THE REAL TROUBLE. IF YOU ALL CAN GIVE YOU AN EXAMPLE THIS ISN'T A BUILDING MATERIALS BUT IS SOMEWHAT SIMILAR. IF YOU'VE EVER BEEN IN DALLAS ON, AH, I THINK IT'S ON SKILLMAN. BETWEEN MOCKINGBIRD AND LOVER'S LANE. THERE'S A GUY WHO HAS KIND OF FLAUNTED THE RULES. THE CITY OF DALLAS HAS ON WHAT YOU CAN PUT IN YOUR YARD. AND SO HE PUTS IN SEASONAL THE CORE. AND SO HE PUTS IN, THERE'S A 30 FT. GODZILLA HE PUTS THERE AND HE HAS A YARD FULL OF YARD ART. AND, UH, YOU KNOW, THE WHAT IS IT THAT KEEPS BIG BOY THERE'S ONE OF THOSE IN THE YARD, AND HE CHANGES THEM EVERY ALL DURING THAT THROUGHOUT THE COURSE OF THE YEAR. YEAH, IT WAS KIND OF A THUMB YOUR NOSE AT THE CITY THAT'S NOT BUILDING MATERIAL. IT'S NOT MATERIAL, BUT AS WELL AS ONE OF THOSE THINGS WHERE HE WANTS TO BE VERY DIFFERENT. AND SO HE HAS KIND OF FOUND THE LOOPHOLE. AND SO I KNOW THAT'S NOT A BUILDING MATERIAL. QUESTION ISSUE AT ALL I'M SAYING IS HE HAS DONE THAT HIS NEIGHBORS ARE NOT REAL HAPPY ABOUT IT, BUT IT'S THE SAME WITH BUILDING MATERIALS IF I WANT TO MAKE A CORRUGATED STEEL BUILDING. PUT IT ON MY LOT, AND EVERYBODY ELSE HAS BRICK HOMES. I MEAN, IT'S GOING TO AFFECT MY NEIGHBOR'S PROPERTY VALUES, APPLYING MY PROPERTY VALUES. BUT THIS STATUTE WOULD ALLOW THAT TO OCCUR, AND THERE ISN'T IF THERE'S NO DEED RESTRICTION ON THE PROPERTY THAT RESTRICTION BUILDING MATERIALS. YES THAT COULD OCCUR. THAT'S ALL I'M SAYING IS IT CAN REALLY I GUESS THAT'S WHAT TML IS SAYING. CAN ANYBODY SHOW US A HORROR STORY WHERE THAT OCCURRED, AND SO FAR , NO ONE WAS ABLE TO DO IT. IT WAS A GROUP EMAIL TO 100 FIFTY'S OR WHATEVER CITY ATTORNEYS AROUND THE STATE. IF YOU HAVE SOMETHING TO SHOW US, AN APPLICANT WAS DENIED. AND IT WAS STATED THAT THAT WAS THE REASON BECAUSE BUILDING MATERIALS WAS THE REASON. THAT THEY WERE DENIED. WOULD THEY HAVE GROUNDS TO SUE WHAT THEY HAVE? WHETHER IT BE COUNSELOR? WHOMEVER IF THEY IF IT WAS STATED THAT WAS THE REASON IF EVERYTHING ELSE WAS I THINK THAT THERE ARE NO REPORTED CASES ON THIS STATUTE RIGHT NOW, BUT I THINK THEY HAVE A STRONG CASE, BECAUSE IF WE'RE TRYING TO SAY WE'RE GOING TO ADOPT OR FORCE REQUIREMENT ABOUT A BUILDING MATERIAL, AND WE'RE GOING TO TURN YOU DOWN BECAUSE YOU'RE NOT DOING THAT, I THINK YOU HAD A PRETTY STRONG CASE. HOW DOES THAT WORK? THEN I'LL TURN YOU DOWN IF YOU DON'T ENERGY DEVELOPMENT. I MEAN, I'M JUST USING THAT. THAT'S WHAT I WAS GONNA JUST ASKED THE SAME QUESTION. IF YOU DON'T DO DEVELOPMENT AGREEMENT. I MEAN,

[00:55:03]

AND IN THE COUNCIL HAS USUALLY ASK THAT QUESTION. IF SOMEONE IS WILLING TO WE'VE HAD THAT DISCUSSION AS WELL. ALSO KIND OF HAVE OUR FAMILY FRIENDLY USES OF PROPERTY TO THAT WE HAVE PEOPLE HAVE ENTERED THE DEVELOPMENT AGREEMENTS WITH AS WELL. SO SORRY. JUST ONE MORE FOLLOWING TWO PART QUESTION FOR, I GUESS, NEW OR EXISTING, BUT IN TERMS OF THE COMP PLAN, WE'RE ABOUT TO KICK OFF THE REVIEW ADJUSTMENT. OBVIOUSLY, THE NEW PLAN SO DO WE HAVE ANY ABILITY TO UTILIZE THIS? COM PLAN PLATFORM? TO SOMEWHAT ADDRESS SOME OF THIS TO CREATE SOMETHING FORMAL. AND THEN THE SECOND PIECE OF IT IS THAT IT IS AN EXISTING PROPERTY. DOES CODE ENFORCEMENT HAVE ANY LEVERAGE WITH MATERIALS OR WHAT OTHER OPTIONS DID THE TOWN HAVE WITH THE PLATFORMS RIGHT NOW? WITH BUILDING MATERIALS? WE HAVE VIRTUALLY NO OPTIONS. AND BECAUSE THIS TAKES AWAY, THIS STATUE TOOK AWAY ALL EXISTING BUILDING MATERIALS REQUIREMENT. AND THEN ALSO DID SOMETHING SO HE'S BEING ABLE TO REGULATE AS WELL. SO A H O S AND H O A CAN WHEN THEY FILED DEED RESTRICTIONS, THOSE BUYING THE PROPERTY OWNERS, THOSE ARE THAT'S NOT A ZONING. THAT'S A CONTRACTUAL AGREEMENT BETWEEN TWO PRIVATE PARTIES. SO WHEN I BUY A HOME IN MY SUBDIVISION WITH AN H O A AND HAS A BUILDING MATERIALS REQUIREMENT, THEY CAN ENFORCE THAT AGAINST ME. WE THE TOWN CAN'T ENFORCE. UH, DID. RESEARCHERS WERE NOT ALLOWED TO DO THAT. THE H O A. CAN SO THE IDEA IS THIS IS A MUNICIPAL ISSUE HERE, WHEREAS AN H O A AND D RESEARCHING IS BETWEEN PRIVATE PROPERTY OWNERS. THE REASON WE HAVE THE WE GOT THE DEVELOPMENT AGREEMENT ROUTE AND FOLLOW THOSE IN THE COUNTY DEED RECORDS BECAUSE THAT IS AN AGREEMENT. THAT'S A CONTRACTUAL AGREEMENT AGREEMENT. THAT ANSWER? YES, SIR . OKAY I WAS JUST UNDER I DO HAVE ONE. BUT I GUESS WE'RE BEATING THIS ONE THE DEATH BECAUSE WE HEAR THIS ALL THE TIME. SO AND I FEEL LIKE WE'VE JUST SEEN THIS WITH THE. THE POWERS. UM BUILD TOWERS, CELLPHONE TOWERS, RIGHT, SO YES , YOU BRING IT UP. I'M GETTING READY TO TALK ABOUT SELF POWERS. SO THAT'S DIFFERENT THAN THIS.

AND I'LL TELL YOU THAT IN JUST A SECOND AND THEN I LAST QUESTION WITH IT. UM WE HAVE A LOT OF DEVELOPERS COMING IN WITH APARTMENTS. RIGHT, SO THEY'RE COMING IN WITH THESE APARTMENTS AND THE COLONIES THESE TOWN HOME. DOWNTOWN ACTUALLY, JUST THREE BEDROOM APARTMENTS AND I THOUGHT WE WERE DOING SOME TYPE OF REQUIREMENT WITH THE MATERIALS THAT WE WERE HAVING THEM PUT ON IT, BUT I'M TAKING IT. WE WEREN'T. YEAH. YEAH. IT DOESN'T MAKE ANY DIFFERENCE WITH THIS RESIDENTIAL, MULTI FAMILY AND COMMERCIAL. SO THEN I'M BUILDING BUILDING MATERIALS

[01:00:02]

I MEAN, THAT'S KIND OF A RECOMMENDATION, BUT I GUESS THAT'S OKAY FOR US TO DO THAT NOT CONTINUE THAT WE WOULD HAVE DENIED OR WHATEVER WITHOUT IT, BUT WE WOULDN'T PUT IN OUR RECOMMENDATIONS. WE MOVE FORWARD ON THIS SUBJECT TO THE DEVELOPMENT AGREEMENT, BUT USUALLY IT'S BEEN AGREED TO AND SO I THINK, 90 PLUS PERCENT OF TIME. IT'S PROBABLY AGREED TO WITH WHOEVER COMES Y'ALL DONE THAT LEG WORKOUT. THEY I MEAN, THAT'S WHAT WE'RE TRYING TO DO.

GET THAT IN VANCE. SO AGAIN. WE'RE NOT. WE DON'T HAVE THEM SIGN IT THE AGREEMENT UNTIL IT'S BEEN APPROVED BY COUNCIL AND WE HAVE THE ORDINANCE CAN STILL MAKE OUR RECOMMENDATIONS WITH THE DEVELOPMENT AGREEMENT, OR WE CAN MAKE IT WITH A SUGGESTION WITH IS WHAT WE ARE, BASICALLY, YEAH. YEAH. YEAH I HAVE AREAS OF OTHER CONCERNS TO ME. I'M NOT. I'M NOT AS HUNG UP ON THAT, AS I'M GONNA GET TO SOME OF MY AREAS JUST COME OUT OF SOME CRAFT CONCERNS. I'LL GET TO THOSE QUICKLY, UM NOW LET ME TELL THEIR SPECIAL ETHICAL CONCERNS FOR ATTORNEY TO REPRESENT LANDOWNERS. JUST BE CAREFUL OF THIS. THIS IS MORE OF MY CAUTIONARY NOTE. I THINK THIS HAPPENS MORE OF THE COUNCIL LEVEL WHEN A DEVELOPERS ATTORNEY , NOT THE DEVELOPER, BUT DEVELOPERS ATTORNEY WANTS TO SPEAK TO Y'ALL OR SPEAK TO INDIVIDUAL COUNCIL MEMBERS.

THERE'S A SUPREME COURT ETHICS OPINION OUT THERE THAT FOR EXAMPLE, AS AN ATTORNEY, I CAN'T SPEAK TO THE DEVELOPER. BY HIMSELF. FOR EXAMPLE, I CAN SAY HEY, I HERE'S THE PROBLEM. I SEE WHATEVER I HAVE TO SPEAK TO HIM THROUGH HIS ATTORNEY. I'M ETHICALLY BOUND TO DO THAT. THE ATTORNEY FOR THE DEVELOPERS ATHLETE BOUND TO SPEAK TO THE TOWN THROUGH ME. I CAN GIVE MY CONSENSUS. SURE TALK THE COUNCIL. YEAH OR I WANT TO SIT IN WHEN YOU HAVE A MEETING WITH THE MAYOR. I WANT TO SIT IN ON THAT. I DON'T WANT YOU TO JUST GO MEET WITH THE MAYOR BY YOURSELF, FOR EXAMPLE, OR INDIVIDUAL COUNCIL MEMBERS, AND THE REASON FOR THAT IS PRETTY SIMPLE IS WHEN YOU KNOW SOMEONE'S REPRESENTED BY AN ATTORNEY, AN ATTORNEY HAS TO DEAL WITH THEIR ATTORNEY. THEY CAN'T JUST SAY, LET ME GO AROUND YOU AND I'LL JUST GO TALK TO YOUR CLIENT. SO JUST I DON'T KNOW IF ANYBODY HAS EVER TRIED THAT I'VE HAD PROBABLY IN MY CAREER FIVE OR SIX CASES WHERE THAT'S OCCURRED, AND THEY GET A STANDARD LETTER FROM ME SAYING IF YOU DON'T WANT ME TO FOLLOW GRIEVANCE AGAINST YOU, PLEASE DON'T DO THIS AGAIN. AND I'LL TELL YOU, THEY SAY, OH, I HAVE A FIRST MINUTE RIGHT TO TALK TO THE MAYOR AND ALL THAT. IT'S LIKE YOU HAVE A FIRST MEMBER RIGHT TO DO WHATEVER YOU WANT TO DO. I'M NOT ARGUING YOUR FIRST MEMORIZE. I'M ARGUING YOUR ETHICAL RIGHTS AND THE STATE BAR PROCEDURES AND THEIR ETHICS LAWS. SO IF THAT OCCURS JUST BE AWARE OF, JUST JUST SAY, I REALLY DON'T WANT TO TALK TO ATTORNEY. I'LL CALL MY CALL OUR ATTORNEY FIRST. SO WHAT IS APPROPRIATE? NOT REALLY WITH ATTORNEYS. I DON'T THINK THAT'S HAPPENING. AT ALL, BUT WE DO FROM TIME TO TIME, AND I THINK IN THE LAST 48 HOURS RECEIVE A LOT OF INBOUND EMAILS FROM CITIZENS CONCERNED ABOUT A ZONING CASE. WHAT IS THE APPROPRIATE? WHAT SHOULD WE OR SHOULD WE NOT RESPOND TO IN THOSE EMAILS? HOW SHOULD WE APPROACH THOSE RESPONSES? WELL WHEN YOU ACT AS A P N Z AND THE SAME AS A COUNCIL, YOU'RE ACTING IN A LEGISLATIVE CAPACITY. AND SO YOU HAVE THE OPPORTUNITY IF YOU EAT I WOULD SAY. OBVIOUSLY ANYTHING CAN BE USED AGAINST YOU ONE DAY. BUT THERE'S NOTHING THAT PROHIBITS YOU FROM TALKING TO INDIVIDUAL CITIZENS WHO HAVE CONCERNS. AND YOU MAY SAY I'LL COME, LIKE KIND OF THE PNC MEETING, AND I'LL ADDRESS THIS IN GREATER DETAIL OR WHATEVER YOU MAY SAY, BUT YOU HAVE A LOT OF LEEWAY AND THOSE DISCUSSIONS BECAUSE YOU'RE ACTING LIKE A LEGISLATURE. YOU HAVE LEGISLATIVE AUTHORITY. NOW LIKE IF OUR TOWN IS ONLY MORE OF ADJUSTMENT, YOU CAN'T TALK TO ANYBODY EXCEPT THAT THE HEARING AT THE BOARD OF ADJUSTMENT MEETING BECAUSE THERE IS A QUASI JUDICIAL IT'S LIKE A JUDGE. THE JUDGES AND GO OUT AND SAY HERE,

[01:05:01]

WELL I WOULD SAY, JUST BE CAREFUL ABOUT THAT. I THINK THERE ARE SOME EXCEPTIONS UNDER THE STATE LAW AND ALL THAT, BUT BUT AGAIN, IT'S ANY. IT'S A THERE'S AN ARGUMENT TO BE MADE THAT DOUG IF YOU GET ONE, AND YOU HIT REPLY ALL THAT YOU'VE NOT. YOU'VE NOT DELIBERATED BECAUSE IT'S JUST A ONE WAY COMMUNICATION. BUT WHEN TOMMY RESPONDS BACK TO YOU ALL OF Y'ALL ARGUING GOT, THEN WE START GETTING INTO. THAT IS NOT A QUESTION. I TELL FOLKS. THIS WAS NOT A QUESTION THAT YOU WANT A JURY TO DECIDE ONE DAY, SO JUST BE VERY CAREFUL ABOUT THIS IS SIMILAR TO LIKE HOU, A BOARD WHERE OR SOMEONE SENDS SENDS THAT EMAIL TO ALL THE BOARD MEMBERS THAT THEY START. REPLYING ALL OR OR SAYING HOW WHICH WAY THEY'RE GONNA GO LIKE IF DOGS EXAMPLE OF COMMUNICATED BACK WITH THE RESIDENT HERE IN PROSPER. AND SAID, HEY, I'M A VOTE. X WAY ON THIS I DUCK AND DO THAT IF HE WANTS TO, OKAY, OPEN MEANS VIOLATION IS WHEN YOU ALL GET INVOLVED IN THAT DISCUSSION, BUT IF HE SAYS IT IN THAT REPLY, ALL WELL AGAIN, I WOULD MAKE THE ARGUMENT THAT THAT'S A ONE WAY COMMUNICATION. THERE'S NO DELIBERATION. IT TAKES A QUORUM OF THE BODY TO DELIBERATE AND THEN AGAIN, YOU START GETTING INTO SOME TECHNICAL ISSUES ABOUT PROSECUTION. IS THAT GOING TO PROSECUTE YOU? I JUST SAY YOU'RE CLEAR. JUST REMEMBER. I MEAN, NEVER. YEAH NO, I MEAN, YEAH, BUT IT ISN'T. IT'S NEVER. I MEAN, IT'S NOT ANOTHER REAL QUICK CAUSE FOR CELEBRATION GOING. HEY, I DIDN'T GET INDICTED TODAY CAN ACTUALLY CLARIFYING QUESTIONS BECAUSE WE HAVE GOTTEN QUITE A FUNERAL LAST 40 HOURS OR SO. MY TYPICAL RESPONSE. WHAT I TYPICALLY DO IS I REVIEW IT AND I SIMPLY RESPOND WITH SOMETHING ALONG THE LINES OF THANK YOU FOR TAKING THE TIME TO REACH OUT. I'VE RECEIVED YOUR MESSAGE AND REVIEWED SOMETHING LIKE THAT. JUST TO ACKNOWLEDGE AS A HUMAN BEING. I HAVE NO PROBLEM WITH THAT. THAT'S JUST NOT RESPOND. OTHER PSC COMMISSIONERS WOULD PROBABLY BE CAREFUL ABOUT I DON'T THINK YOU'RE DELIVERING ME SAYING I'M ACKNOWLEDGING RECEIPT. THAT'S ALL I'M SAYING. I THINK I THINK THAT'S PROBABLY OKAY WHEN YOU START SAYING YOU KNOW WHY I LISTENED TO YOU? I AGREE WITH YOU. I MEAN, YOU START GETTING INTO THAT STARTS GETTING THAT'S MORE THAN SAYING THANK YOU. I JUST SAY THANK YOU RECEIVE REVIEW SOME OF THEM SAY HEY, HAPPY NEW YEAR. I KNOW YOU'RE NOT GOING TO THE D A OVER THAT, BUT I MEAN TO CLARIFY SURE I'M RIGHT NOW. IF I WANTED TO SAY ABSOLUTELY. I AGREE WITH YOU. THANK YOU FOR YOUR FEEDBACK. I INTEND AT THIS POINT WITH WHAT I KNOW TO VOTE X AS LONG AS THESE GUYS I KNOW YOU'RE TALKING ABOUT THE ONE WAY BY HAVING TO SEND IT TO THEM. BUT NORMALLY IF I JUST SEND IT TO THE HOMEOWNER WHO'S SENT THAT REQUEST TO ME GIVING MY FEEDBACK AND POTENTIALLY WHERE I'M AT TODAY. THAT'S NOT A VIOLATION. IF YOU SEND THAT TO ME, I'M A RESIDENT. I SAY. HEY, DOUG, I THINK THAT'S A HORRIBLE IDEA. I CAN'T BELIEVE YOU DO THAT. YOU KNOW WHAT I AGREE WITH YOU? THAT'S JUST YOU HAVE THAT AUTHORITY THAT'S JUST ONE ON ONE COMMUNICATION OR WHATEVER. IS WHEN YOU START INVOLVING THE REST OF THE GANG. YEAH, YEAH. OKAY NOW WHAT LAWS LIMIT MUNICIPAL ZONING POWERS. THESE ARE ALL CELLS ARE NOT REALLY LIKE I KNEW I WAS COMING TO THIS . THESE ARE EITHER STATE LAWS OR FEDERAL LAWS THAT IMPACT LOCAL DECISION MAKING THE ZONING CONTEXT. CELL TOWERS ARE REGULATED BY THE TELECOMMUNICATIONS AFTER 1996. CHURCHES AND RELIGIOUS LAND USES OF THE RELIGIOUS AND RELIGIOUS LAND USES AND INSTITUTIONALIZED PERSONS ACT. AND THAT'S BEEN AROUND FOR ABOUT 27 YEARS. NOW IT'S AN ODD COMBINATION AND PEOPLE IN PRISON IN CHURCHES,

[01:10:03]

SO IF NOW WE APPROVE ITSELF. POWER THAT PROBABLY NOT GONNA GET INTO COURT. BUT THERE THERE WAS A U. S THREE COURT CASE QUITE A WHILE AGO. NOW THAT TALKED ABOUT WHAT CITIES CAN AND CAN'T DO ON THE TELECOMMUNICATION ACT IN 96, SO WHEN WE GET TO A POSSIBLE DENIAL OF A CELL TOWER WE HAVE TO HAVE PRETTY SPECIFIED NATIONAL FINDINGS. SO WHAT? WHAT I WILL DO IF IT IS, I WILL TAKE THE REASONS WHY THE COUNCIL, FOR EXAMPLE, DIDN'T WANT TO PROVE A CELL TOWER WILL COME BACK AND WE'LL MAKE IT WILL MAKE SOME FINDINGS WILL HAVE A RESOLUTION EXPLAINED ALL THE REASONS AND THEY WERE TO DO THAT IN A TIMELY MANNER. OR THEY CAN TAKE US TO COURT AND GET A COURT ORDER TO DO THAT. IT'S A FEDERAL LOSSES, SO IT'S KIND OF A BIG DEAL. THE COURTS HAVE BEEN FAIRLY, UM FAIRLY KIND LOCAL GOVERNMENT. CASE 27 YEARS AGO, PROBABLY CAME OUT OF WICHITA FALLS. BUT JUST BE MINDFUL OF THAT, FOR THESE TYPES OF BUSINESSES. THERE ARE A LOT OF OTHER REGULATIONS THAT ARE THAT MAY IMPACT. SO WE ALREADY HAD ONE. THAT'S WHAT I WAS GONNA ASK, AND WE HAVE SIX OR SEVEN MORE. ONE AT A TIME. COMING OUT, MADE THE MOTION. SO WE'RE DID. I DID, SO I DON'T THINK I'M PAST THAT WINDOW. ANYBODY GIVE US YOUR HOME ADDRESS? I THINK COMING WE DIDN'T HAVE A LOT OF ISSUES WITH WHERE THEY WERE PUTTING IT. WE WERE TALKING ABOUT. STRUCTURAL SHAPES. MHM. YEAH AND THEN AROUND THAT, LIKE MASONRY WALL CHAIN LINK FENCE VERSUS ALL THE THINGS TO PROTECT. THE BUILDING AND ALL THE THINGS AROUND IT ALL. WHERE IN THIS ARE WE ABLE TO SAY, YOU KNOW? BUILD AN ORDINANCE LIKE WE WANT. A SELF POWER TO TAKE ON THE ATMOSPHERE OF THE AREA LIKE THIS ONE. THEY WERE REALLY GREAT. I MEAN, THEY BUILT IT. SO THAT LOOKS LIKE A WATER TOWER BUT STILL THE ENCLOSURE ON THE GROUND. IT DIDN'T HAVE A LOT OF IT HAD. I THINK A MASONRY WALL AROUND IT, WHICH WAS BETTER THAN CHANGING, BUT IT DIDN'T HAVE ANY BEAUTIFICATION. WE DIDN'T REALLY HAVE A LANDSCAPING PACKAGE AROUND IT. WHERE CAN WE BEGIN TO SAY, OR CAN WE IN THESE AREAS START TO SAY, YOU KNOW, WE WANT TO EITHER PUT AN ORDINANCE IN SO THAT IMPACTS ALL CELL TOWERS ARE WHERE WHERE CAN WE MAKE SURE THAT THEY JUST DON'T LOOK LIKE THE ONES THAT YOU KNOW? LIKE OUR LIKE A 300 FT MODEL COAL OR SOMETHING WITH, YOU KNOW, 75 FT AND BEAUTIFIED. WELL, I MEAN, AGAIN ON THE COURSE OF GENERALLY UPHELD CITIES ON THE AESTHETICS COMPONENT. THAT'S BEEN PRETTY GOOD. YOU KNOW, I DON'T YOU'VE SEEN THE 100 FT. CELL TOWERS THAT LOOK LIKE BUYING TREES THAT DON'T LOOK ANYTHING LIKE A PINE TREE, FOR EXAMPLE, BUT IS MORE THAN DENIAL OF THEM, BECAUSE, UM WHAT DO YOU SAY? WE HAVE TOO MANY OF THEM? OR OR I MEAN, SO I THINK REASONABLE REGULATIONS LIKE THE AESTHETICS COMPONENT, NOT HAVING CHAIN LINK FENCES, I THINK WE CAN SURVIVE A CHALLENGE ON THAT. BECAUSE IF YOU PARTICULARLY IF YOU HAVE A NEAR A RESIDENTIAL AREA, I MEAN NOT HAVING HAVING A FALL ZONE AROUND IT TO OF SOME SORT TO SO IT DOESN'T IMPACT SINGLE FAMILY, RESIDENTIAL STRUCTURES OR BUSINESSES OR WHATEVER. I THINK ALL THOSE THINGS ARE GOOD. SO I THINK I MEAN, THESE GENERALLY REQUIRE A, UH, TOWER BY TOWER REVIEW DETERMINE WHAT THEY'RE PROPOSING. UH AND THEN, IF WE IF WE IF WE URBAN DENY IT, WE HAVE TO GIVE THEM A FACTUAL BASIS FOR THE DENIAL AND IT CAN'T JUST BE . WE DON'T WANT MORE SOUTH TOWERS. WE DON'T LIKE THEM SO BECAUSE THE COMPANIES WILL COME IN AND SAY HERE'S WHY WE NEED IT FOR THE MAPS WITH THEIR COVERAGE AREAS AND ALL THAT. YOU KNOW, WE CAN'T SAY OH, YOU HAVE TO HAVE A SPACE FOR AT LEAST FOUR DIFFERENT CARRIERS. I MEAN, WE CAN'T MANDATE THAT THEY MAY DO THAT, OR WHATEVER, AND LOT OF TIMES ARE LEASES WITH THEM WHEN THEY'RE WHAT WAS PARTICULARLY ON PUBLIC PROPERTY OR LEASES WILL HAVE THOSE REQUIREMENTS TO BUT

[01:15:07]

OKAY I MEAN, I MEAN, FOR EXAMPLE , I HAD I HAD ONE GUY YEARS AGO AND DIDN'T COUNTY WHO WANTED TO PUT UP A 300 FT. PINE TREE. ROOKIE. CELL TOWER, AND IT WAS IT WAS HIDEOUS. AND ANY AND AGAIN, UM, WE SHOT IT DOWN. AND I MEAN YOU. GOOD HEAVENS. I MEAN, WE'VE DETERMINED PLANES AT DFW COULD USE THAT THREE OF THE TOWER AS A PRESIDING PURPOSES, SO NO, I MEAN, I THINK SOMETHING LIKE THAT. YES I THINK YOU HAVE THE ABILITY TO DO THAT. I WILL TELL YOU THAT WHEN THIS STATUTE WAS CHANGED IN 96, WE HAD A LOT OF CASES COMING WITH CELL TOWERS . I MEAN, THERE WAS A LOT OF OPPOSITION TO HIM. JUST MY THIS IS ANECDOTAL. BUT MY RESPONSE IS THAT IN THE LAST 10 15 YEARS, IT'S JUST BECOME PRETTY ACCEPTED , AND THEY'RE SIGNIFICANTLY SMALLER THAN THEY WERE IN THE EARLY STAGES OF A FOLLOW UP. QUESTION THAT DOUG'S I HAVE THE EXACT SAME QUESTION ABOUT THE AESTHETICS AND THAT BUT ALSO IN TERMS OF THE LIMITATIONS THAT WHETHER IT'S THE COM PLAN OR OTHER THINGS, THERE'S NOTHING WE CAN DO ABOUT HEIGHT RESTRICTIONS. WE CAN BE X AMOUNT OF HIGHER CAP IT SO WE DON'T HAVE THE DENTON COUNTY PROBLEM WITH 300 FT. WELL, I MEAN AGAIN.

I THINK THAT WOULD BE MORE SITE SPECIFIC. I MEAN, BECAUSE CITIES HAVE THINGS LIKE FALZONE AROUND THEM. SO YES, PUTTING THE 300 FT ONE MAY HAVE. IT MAY HAVE A REASON IF IT EVER BLOWS OVER.

THAT S A SERIOUS PROBLEM TO OTHER PROPERTY OWNERS. SO I DON'T HAVE TO SAY IT CAN'T BE X M. MURPHY AT ANY TIME. I WOULD JUST SAY THAT TECHNOLOGY SEEMS TO HAVE ADDRESSED THAT FAR MORE NOW THAN I DID A LONG TIME AGO. AND SO I'M I'VE DRAFTED ONE. DETAILED RESOLUTION DENYING A CELL PHONE TOWER IN THE LAST 10 YEARS, AND THEN THE CITY WENT BACK. THEY WORKED WITH THE SOUTH COMPANY AND THEY GOT IT ALREADY. OKAY SO I'M NOT AS CONCERNED ABOUT THAT AS I USED TO BE. UM SO, SO I MEAN, I THINK THAT'S ONE OF THOSE AREAS WHERE THE TECHNOLOGY HAS GOTTEN A LOT BETTER. THEN IT WASN'T IT WAS 20 YEARS AGO. GREAT YOURS WHERE YOU DROPPED CALLS, BUT.

[01:20:07]

[01:33:03]

[01:33:11]

JUST A GUESS. GUESS OKAY, I'M GONNA TALK VERY RAPIDLY ABOUT COM PLANS AND AGAIN, UH, NOT REQUIRED TO HAVE A CALM PLANT IN TEXAS AGAIN. AND THIS THIS IS, UH, THIS IS WHAT I SAY. STATUTE SAYS MOST COMPLAINTS. WE THINK ABOUT OUR RELATED TO LAND USE, BUT YOU CAN ALSO HAVE ANYTHING ELSE YOU WANT. PARK PLANS, TRAIL PLANS. THOROUGHFARE PLANS, SEWER PLANS OR WATER, WATER FACILITIES , WHATEVER YOU MAY WANT, AND SO IT'S JUST IT'S WHATEVER IT WAS THE CITY A CITY ONCE AGAIN, IT'S ABOUT IT'S NOT REALLY DEFINED VERY MUCH BY STATE LAW OTHER THAN SAY, IT'S JUST WE LOOK AT LONG RANGE PLANNING AND PLANS FOR THE GROWTH OF THE CITY, AND IT FEELS LIKE THE DEVELOPMENT OF

[01:35:05]

THE COUNCIL DOES NOT ON EACH REZONING HEARING RE DETERMINED AS ORIGINAL MANNER MATTER THE CITY'S POLICY OF COMPREHENSIVE PLANNING, SO WE HAVE A COMMON PLAN. BASICALLY YOU FOLLOW IT.

WE DON'T JUST DO IT ON A CASE BY CASE BASIS, LIKE WE LIKE IT WILL DISREGARD IT. AGAIN THIS IN 1995 WAS THE I WANTED TEXAS COMPREHENSIVE PLANNING STATUTE WAS ADOPTED, SO IT'S BEEN AROUND LITTLE OVER 20 YEARS GOING ON 25 YEARS. AGAIN A CITY MAY HAVE A CALM PLAN. THERE IS NO REQUIREMENT. YOU HAVE A COMMON PLAN AT ALL. AND YOU CAN DEFINE THE RELATIONSHIP BETWEEN THE COM PLAN AND DEVELOPMENT RIGS. GET TO GIVE AN EXAMPLE ONE CITY FAR MOUNTAIN HAS IT IN ITS CHARTER THAT THE COMPREHENSIVE PLAN AMENDMENT TO THIS MASTER PLAY CALLED THE MASTER PLAN. THE AMENDMENT TO THE MASTER PLAN REQUIRES A THREE QUARTERS VOTE. OF THE COUNCIL TO APPROVE IT. SO THEY PUT THAT IN THE CHARTER, SO THEY ELEVATE THE COMPREHENSIVE PLAN TO BEING A PRETTY PRETTY SERIOUS DOCUMENT IF IT TAKES JUST A THREE QUARTERS VOTE TO AMEND THE COMP PLAN. UH WHEREAS ZONING CASE ONLY TAKES A SIMPLE MAJORITY VOTE. BUT YOU CAN DEFINE THAT IN YOUR CHARTER. NOW OUR CITY IS REQUIRED TO HAVE COMPLAINTS IN TEXAS. NO IF YOU DON'T HAVE ONE CAN USE OWN PROPERTY. THE ANSWER IS YES. THE CITY HAS ADOPTED A COMPREHENSIVE PLAN MUST HAVE FOLLOWED AND MAKING HIS OWN DECISIONS. I THINK THE ANSWER TO THAT CLEARLY IS YES. SO WHAT'S THE EFFECT OF A COMMON PLAN ON PRE EXISTING ZONING AND AGAIN PRE EXISTING ZONING, ATTRACTIVE LAND CONTROLS THE DEVELOPMENT OF THAT PIECE OF PROPERTY? REGARDLESS HOUSE DESIGNATED IN THE COM PLAN, SO THEIR ZONING ON THE PROPERTY IS HOW YOU DEVELOP THE PROPERTY. IF YOU IF SOMEONE WANTS TO CHANGE RESULTING ON A PIECE OF PROPERTY, THEN IT NEEDS TO COMPLY WITH THE COM PLAN. SURE I'M GONNA GO BACK TO THE TOY. BECAUSE WE DIDN'T CHOOSE TO DO AN OVERLAY. WE JUST DID. THE DESIGN GUIDELINES. WHAT HAPPENS IN. A CASE WHERE SOMEONE DOESN'T WANT TO COMPLY BECAUSE IT'S YOU KNOW, THERAPY D OR WHATEVER, FROM YEARS AGO HAD IT HOW CAN WE ? I MEAN BEYOND INCENTIVES OR BEGAN TO THINK ABOUT AN OVERLAY. WELL. THAT FORCES EVERYBODY. WELL, I THINK THAT I HAVE A LOT OF CITIES AND I'LL BE HONEST WITH PROSPER HANDLES. MORE PDS OLD PDS THAN ALMOST ANY CITY I'VE SEEN. AND I GOT HERE 10 YEARS AGO. I MEAN, THEY WERE JUST PDS AND A SMALL PDS PDS WITH SMALL LOTS AND EVERYTHING. I THINK WHERE ANYBODY CAN DEVELOP PROPERTY ON THE WITH THE EXISTING ZONING, WHATEVER THAT MAKES THAT MAYBE IT'S NOT AN ILLEGAL USE OF PROPERTY. YOU CAN DEVELOP IT. I THINK WHAT YOU SEE AND I HAVE OTHER CITIES HAVE MEMORIZED MANY PDS, BUT A LOT OF PDS. I THINK WHAT HAPPENS IS WHEN SOMEONE GOES. YOU KNOW WHAT? I CAN'T. THERE'S NOT A MARKET FOR THOSE REALLY SMALL LOTS. I MAY NEED A REASON MY PROPERTY AND THAT'S WHEN I THINK YOU GET INTO THE PD CONTEXT. YOU GET INTO THAT NEGOTIATION THAT DISCUSSION ABOUT WHAT WORKS AND WHAT DOESN'T WORK. SO IF SOMEONE HAS A SMALL PD, AND IT HAS A ONE TRACK FOR MULTI FAMILY AND 100, 100 LOTS FOR SINGLE FAMILY HOMES. AND SOMEONE GOES. I DON'T THINK THERE'S A MARKET FOR THAT PRODUCT, SO THEY COME IN THERE AND THEY SAID, I WANT TO AMEND MY P D. I THINK THAT'S WHERE YOU GET INTO THE DISCUSSION WITH OKAY. WELL, LET'S TALK ABOUT THE USES THAT YOU DO HAVE AND LET'S TALK ABOUT LIFE SIZE AND LET'S TALK ABOUT ALL THOSE THINGS. AND IN THAT PROCESS, SO I'M NOT GONNA LOOK AT ANY PARTICULAR TRAP IN THE TOLLWAY. BUT A LOT OF THOSE ARE OLDER PDS AND SOMEONE AND SOMEONE MAY COME IN ONE DAY. I SAID, OKAY, I WANT TO LOOK AT SOMETHING DIFFERENT THERE. OKAY WE'RE GONNA OPEN UP THE P D. AND THEN WE GO FOR THE PROCESS OF RECENT CONCERNED ABOUT THE OPPOSITE, BUT THEY DON'T WANT TO CONFORM. IF THAT'N , IF SOMEONE SAYS I HAVE THIS OWNING DEVELOP EXACTLY, ACCORDING TO ZONING I DON'T KNOW HOW WE TELL THEM NO. AND THEN WHAT CAN YOU EXPLAIN? AND MAYBE I HAVE A MISUNDERSTANDING. LITERALLY. WHAT WOULD AN OVERLAY HAVE DONE? FROM A LEGAL PERSPECTIVE, WE WOULD HAVE SAID NOT DESIGN GUIDELINES, BUT MAKE

[01:40:02]

[01:45:07]

SO UM, AND SO WE AGAIN WE CAN'T REGULATE THE USE. WE CAN'T PIECES OF PROPERTY THE NUMBER OF BUILDINGS WE CAN'T ISSUE. UH THERE'S SOME QUESTION WHETHER EVEN IT IS EVEN A HOME RULE CITY. LIKE LIKE PROPS. YOU CAN ISSUE BUILDING PERMITS IN THE DJ. AH BUT BUT GENERAL LAW CITIES, CITIES 5000, OR FEWER CAN'T ISSUE BUILDING PERMISSION . THEY'RE NOT ALLOWED TO ISSUE BUILDING PERMITS IN THE E. T. J. SO TERRIFYING QUESTION. SO IF I REMEMBER CORRECTLY, MOSTLY EAT J SPACE AND PROSPERS NORTH OF FRONTIER, IT'S KIND OF JAGGED NORTH OF FRONTIER UP THERE. NO, NO, MOST OF THEM WE HAVE SOME ON THE WEST SIDE AND WE HAVE SOME DONUT HOLES IN THE GROUND BECAUSE THERE'S A COUPLE OF SHOTS STREETS OFF OF FRONTIERS, MAYBE ON THE WEST KIND OF GETTING WEST. THEY'RE THEY'RE TRYING TO TRYING TO GET THE MATH ON ON THE WEBSITE. OKAY SO WHAT ? WHAT? WHAT REASON I ASK IS THAT THERE'S SOME OF THOSE DEVELOPMENTS. THERE ARE SOME OF THOSE HOMES WHERE IT'S LARGE. I DON'T KNOW 3 TO 5 ACRE PARCELS. AND PEOPLE OFTEN ASK ME. HEY, IS THAT AREA NOT ZONED. SO ESSENTIALLY, WE DON'T HAVE ANY GOVERNING CONTROL WHATSOEVER PROSPER, SO IT'S GONNA PROSPER ADDRESS. PROBABLY MALE, PROSTATE POLICE AND FIRE, BUT WE CANNOT REGULATE WHAT'S REALLY, WE HAVE NO LEGAL AUTHORITY TO ZONE IN THE E T J PERIOD AT ALL AT ALL THE DIFFERENT, PROSPEROUS MALE POLICE AND FIRE PROTECTION RIGHT AND THEY PAID TRADITIONAL TAXES THAT WE DO IS THAT THEY DON'T PAY TAXES AT ALL. OUR PROPERTY TAXES END AT THE CITY LIMITS THE TOWN LIMIT LINES. SO SIMPLY BY OBLIGATION. WE'RE PROVIDING THAT BECAUSE WE'RE ADJACENT PROPERTY . I'LL TELL YOU THE ALLEGATIONS A BAD WORD. LET ME JUST SAY THE IDEA HAS BEEN IT'S BEEN A LEGISLATIVE ISSUE THE LAST SEVERAL SESSIONS. AND AGAIN, THEY'VE TAKEN AWAY A LOT OF AUTHORITY. I MEAN, CITIES HAVE HAVE ARGUED THAT MAYBE WE NEED TO RELEASE ALL OUR FDJ AND JUST BE DONE WITH IT BECAUSE WE CAN PLANT IN THE AT J. AND THAT'S ABOUT IT. THERE ARE A FEW OTHER LIMITED THINGS WE CAN DO, BUT WE CAN PLANT IN THE T. J AND WE CAN'T CONTROL USES. SO IT'S NOT UNUSUAL THAT YOU'LL SEE. MOBILE HOME PARKS, RV PARKS THAT ARE ANY TJ BOARDING RIGHT ON IT ON A CITY LIMIT LINE, PARTICULARLY WHERE THE T J HAS WATER AND SEWER. CAPABILITY. AND SO WITH JASON LANDOWNERS. DO THEY HAVE ANY SAY IN WHAT GOES ON EVERY PROPERTY, SO IT'S SIMPLY COMPLETE PRIVATE, ALMOST LIKE IT CAN BE. IT CAN BE LIKE THE WILD WEST ACROSS THAT CITY LIMIT LINE, OKAY? SO IT'S. NO AND SO THAT'S WHY SOMETHING IS. HEY, YOU KNOW WHAT THEY JUST GET RID OF R E. T. J AND IT'S JUST THE COUNTY. WE'RE DONE. YEAH, WE HAVE A SHOT CLOCK. AND AGAIN, UH ALL IT IS THEIR DEADLINES IMPOSED BY STATE LAW. HOW QUICKLY A CITY HAS TO ACT ON AN APPLICATION FOR A PLAN. AH AND AGAIN, IT'S IMPORTANT IMPOSED ON LOCAL GOVERNMENTS. AND AGAIN, WE HAVE ADDRESSED THAT BY DETERMINE WHAT A PLAN IS DEEMED FILES. SO WE HAVE A FAIRLY GENEROUS DEFINITION OF WHAT A PLAN IS FILED. AND, UM SOME CITIES. SAY YOU FOLLOW YOUR PLAT WITHIN. YOU KNOW WHEN YOU DROP IT OFF AT PLANNING THAT WE SAY A PLASTIC TEAM FILE ON THE DAY IT'S UH, POSTED ON AN AGENDA AND ACTIONS TAKEN BY THE PSC OR THE COUNCIL. SO WE HAVE A MORE GENEROUS DEFINITION SO WE DON'T GET INTO THOSE FILING ISSUES. AH AGAIN. I'M NOT GOING TO GO INTO THAT.

THAT'S JUST THE REASON WHY I SHOT CLOCK STATUTE WAS PASSED. AND AGAIN. OUR REQUIREMENT IS IF IT MEETS OUR PLAT, WE APPROVE YOUR PLAN. PRETTY SIMPLE STUFF. WE IF WE DON'T, I WILL GO THROUGH ALL THE STATUTORY AUTHORITY IF WE DON'T APPROVE A PLAN. THEN WE ARE REQUIRED TO NOTIFY AGAIN. THIS IS A T, A WORRIED REQUIRED TO NOTIFY THE PERSON WHY WE DENIED THEIR PLAN.

WE HAVE TO DO THAT WITHIN 15 DAYS. AND THEY HAD THE OPPORTUNITY TO COME BACK AND CORRECT IT AND AGAIN, WE HAVE TO RESPOND TO THEM AS WELL. SO THERE ARE THESE TIMELINES HE'S SHOT CLOCKS, THEIR INPUT ON THEIR DIFFERENT TYPES OF PLANTS. WE HAVE ALL THESE ARE SO DIVISION OF REGULATIONS. EITHER WE VACATE CLASS WE DO REPLACE THE MEETING CLASS MODERN CLASS.

THERE ARE RULES FOR ALL THOSE. AND DAVID AND HIS FOLKS AND DAVID AND DOUG AND WHAT WILL HANDLE ALL THOSE DETAILS UNDER STATE LAW. AND AGAIN, I'M NOT GOING TO. I'LL JUST SKIP THROUGH

[01:50:04]

I'VE HAD ONE TIME AND 30 PLUS YEARS WHEN WE DID NOT A PLAN, AND I FELT LIKE WE COULD DEFEND IT IN COURT. AND THAT WAS WE HAD SOME WEIGHT OF SUBDIVISION. WE HAD LOTS IN THE SUBDIVISION THAT WE KNEW FLOODED AND THIS IS LONG . THEY HAD A LOT IN THE FLOODPLAIN AND THEY DID A REPLANT AND THEY WANTED TO ADD MORE LOST IN THE FLOOD PLAIN AND WE TOLD THEM WE KNEW WE KNEW FOR TWO MORAL CERTAINTY THEY HAD HAD TO FLOODING INCIDENTS IN THE SERVE ASIAN THAT WE PUT A LOT IN THERE THAT EITHER THEY WON'T BE ABLE TO BUILD A HOME. IF A HOME WERE TO BE BUILT, IT WOULD FLOOD AND WE SAID WE WILL NOT APPROVE THE PLAN, AND IT WOULD BE KIND OF DARED HIM. TAKE US ACCORD. WE SHOT DOWN THE PLATTE. THEY WENT BACK AND RE PLATTER SO THE LOSS WERE OUT OF FOOT PLANE. YOU KNOW, I THINK OF THAT. BIZARRE THAT UNIQUE SITUATION, YOU MIGHT BE ABLE TO ARGUE THAT ARGUE THAT BUT GENERALLY SPEAKING THE PLATTE MISSION REQUIREMENTS YOU PROVE IT. SIMILAR CONCERNS. AND THIS IS THIS IS SOME OF THE CONCERNS I'VE I'VE SEEN. THIS IS MORE THAN PRACTICAL STUFF.

ELIMINATE ANY DISCRIMINATION CONCERNS AND ANY DECISION YOU MAKE. LET ME GIVE YOU AN EXAMPLE OF SUNNYVALE. UM AND THIS IS I IN SOME WAY I DRIVE ADDRESS THIS ISSUE FOR HOW TO HANDLE IT THROUGH THE CHAIR TO BRANDON. AND I'M NOT THAT THIS IS GOING TO HAPPEN HERE. BUT WHAT HAPPENED IN IN SUNNYVALE WAS WHEN THEY WENT TO THAT HAD THAT BIG PD BACK IN THE LATE EIGHTIES EARLY NINETIES. AH! UH RESIDENTS STOOD UP AND SAID IF YOU APPROVE THIS SUBJECT, IT IS THIS PLAN DEVELOPMENT. WE'RE GOING TO HAVE THE WRONG TYPE OF PEOPLE MOVING HERE. AND YOU KNOW WHAT I MEAN.

AND IT WAS PRETTY CLEAR WHAT HE MEANT BY THAT COMMENT. AND THEN HE USED SOME OTHER LANGUAGE THAT YOU ELIMINATED ANY QUESTION ABOUT WHAT HE MEANT BY THAT COMMENT. AND THE PROBLEM WITH IT WAS THAT ISSUE BECAUSE HE IS A RACIALLY DISCRIMINATORY STATEMENT. THAT ISSUE THAT COMMENT WAS NOT ADDRESSED BY THE CHAIR OF THE PLANNING AND ZONING COMMISSION. AND SO THEY SPENT.

15 YEARS IN COURT. ARGUING ABOUT WHY THAT WASN'T A RACIALLY DISCRIMINATORY DECISION. AND LOOK AT WHAT HAPPENED AT THE PANSY MEDIUM. LOOK WHAT THE CITIZENS SAID, AND NO ONE NO ONE CHALLENGED THAT. AND AGAIN. THEY LITIGATED THAT AND THAT ISSUE THAT ISSUE RAISES UGLY HEAD ON MULTIPLE OCCASIONS. AND THERE WAS A SIMPLE REASON A SIMPLE WAY TO ADDRESS IT, AND THAT WAS THE CHAIR SAID, SIR. THANK YOU FOR YOUR OPINION, BUT THAT IS NOT A BASIS FOR UPON WITH WHICH WE MAKE ANY DECISION. OUR COMMUNITY. THANK YOU HAD HAD HAD THAT 12TH STATEMENT BEEN SAID.

WHAT DO YOU ELIMINATED ALL KINDS OF IMPLICATIONS AND INNUENDOS ABOUT RACIAL DISCRIMINATION? AND IT WASN'T AND SO THAT JUST IF ANYTHING HAPPENS IN THAT REGARD THE SAME WAY WITH RACIAL RELIGIOUS ISSUES IN THE CITY OF FARMERSVILLE WASN'T IT WASN'T IN COURT BUT ISSUED BY THE DEPARTMENT OF JUSTICE BECAUSE THEY WANTED TO HAVE AN E T. J. AH! MUSLIM CEMETERY. IF YOU REMEMBER THAT FROM 656 YEARS AGO. AND AGAIN JUST AS PNC AND COUNSELOR. WE JUST NEED TO ADDRESS AND SAY THAT'S NOT A BASE UPON WHICH WE MAKE A LAND USE DECISION. UM THE OTHER ISSUES A SOCIOECONOMIC CONCERNS AND LET ME JUST SAY CAUTION ABOUT PROPERTY VALUES. I DON'T WANT TO SAY IF SOMEONE MAKES A COMMENT OF OUR PROPERTY VALUES WRONG, BUT ONE OF THE ISSUES. UM UH, PROBABLY 10. YEARS AGO, WE WERE REPRESENTING FLOWER MOUND AND THEY GOT SUED UNDER THE FAIR HOUSING ACT FOR THEIR HOUSING THROUGHOUT FLOWER MOUND DOESN'T HAVE ANY APARTMENT HAS SO VERY FEW APARTMENTS IN IT. LOOK AT LEWISVILLE, THE NEIGHBOR. IT HAS A LOT OF APARTMENTS IN IT, AND FIRE MOUNTAIN HAS ALMOST NO APARTMENTS OR VIRTUALLY NO NEW APARTMENTS, AND THEREFORE, THAT IS BECAUSE OF UNDERMINING RACIAL MOTIVATION. AND WHAT THEY DID WITH THE PEOPLE WHO SUED FLOWER MOUNT DID IS THEY WENT THROUGH ALL THE MINUTES. IT WAS A TEDIOUS PROCESS. THEY WENT THROUGH ALL THE MINUTES FOR YEARS, NZ AND COUNCIL MEETING AND SOMETIMES SOMETIMES ANYTIME ANYBODY MADE A REFERENCE TO SOMETHING AS OH, WE HAVE ENOUGH OF THAT, OR WE HAVE TOO MUCH OF THAT, OR WE DON'T WANT ANY MORE OF THAT. OR OR YOU KNOW, IT'LL BRING IN LOWER DEMOGRAPHIC TO OUR TALENT. ANY OF THOSE COMMENTS THEY WERE TAKEN OFTEN OUT OF CONTEXT, SO THEY YOU KNOW, WE WERE ABLE TO DEFEND FAR MOUND ADEQUATELY. WE WON IN THE TRIAL COURT. AND IN FEDERAL

[01:55:01]

ON A FIVE ACRE TRACK. IF I CAN SHOW YOU THE SAME FIVE RECORD TRACK WITH MULTI FAMILY, I COULD PROBABLY SHOW YOU HIGHER PROPERTY VALUES IN THE MULTI FAMILY TRACK THAT CAME INTO SINGLE FAMILY TRACK. SO YOU'RE GOING TO PROVE MULTI FAMILY FOR ME BECAUSE THAT BRINGS MORE PROPERTY TAX. AND YOU AND YOU GET WHY YOU GET KIND OF TWISTED DOWN THIS TRAIL OF WHAT IS THE BASIS FOR WHY? WHY YOU'RE CONCERNED ABOUT PROPERTY VALUES AND PROPERTY TAXES ISN'T JUST RANK SPECULATION WITH PROPERTY TAXES ARE GOING TO BE SO HOW DO YOU KNOW SOMETHING BETTER ABOUT PROPERTY TAXES THAN ANYBODY ELSE . SO ARE YOU JUST GUESSING ABOUT PROPERTY TAXES AND THEY START GOING DOWN THIS PATH AND IT'S A DIFFICULT PATH IN COURT UNDER OATH TO SAY AND WHAT THEY'RE TRYING TO DO, AND OFTEN INSURE YOU. YOU'RE DISCRIMINATORY OR YOU'RE YOU'RE YOU'RE KIND OF ANTI POOR PEOPLE OR WHATEVER IT MAY BE SO I'M NOT SAYING. I UNDERSTAND THAT THE PROPERTY VALUE CONCERNS. I'VE UNDERSTOOD THAT FOR A LONG TIME. BE CAREFUL CAUTION YOU ABOUT THAT? BECAUSE IF YOU'RE UNDER OATH ONE DAY TRYING TO FIGURE OUT WHERE IN THE ORDINANCE TO WHAT ONE OF THE ORDINANCES ALLOW YOU TO MAKE A DETERMINATION OF PROPERTY VALUES ARE PERCEIVED PROPERTY VALUES.

WELL OF COURSE, WE DON'T HAVE ANYTHING LIKE THAT AT ALL IN OUR ORDINANCES. AND IT'S JUST IT CAN IT CAN AT A DEPOSITION WHEN YOU'RE UNDER OATH. THE GOAL IS TO MAKE YOU LOOK LIKE YOU'RE EITHER EXCLUSIONARY OR DISCRIMINATORY BY GOING DOWN THAT PATH. AND SO. AND I'M NOT.

I'M I DON'T WANT TO BE RIGID AND SAY THAT IS NEVER A CONCERN. I DON'T WANT ANY OF YOU. I CAN'T.

YOU KNOW, THERE MAY BE SOME TIMES. I MEAN, I THINK IT'S I THINK IT'S A LEGITIMATE QUESTIONS. HEY, WHAT'S HER? I THINK I MAY ASK THE QUESTION I WHAT'S OUR EXISTING MULTI FAMILY STOCK IN TOWN? I MEAN, WHAT'S RIGHT. WHAT IF YOU DON'T WANT MULTI FAMILY BECAUSE THAT'S AN INAPPROPRIATE USE INAPPROPRIATE LOCATION FOR IT, I WOULD SAY. TELL US WHY THAT'S AN INAPPROPRIATE LOCATION FOR IT. DO YOU HAVE ACCESS PROBLEMS? YOU HAVE ISSUES WITH ADJACENCY WITH SINGLE FAMILY RESIDENTIAL IS THAT IS IT ALMOST ALMOST GET TO SOMETHING LIKE A LIKE A SPOT ZONING ISSUE, BECAUSE IT'S JUST WE'RE GOING TO POP DOWN MULTI FAMILY HERE IN THE MIDDLE. NO MORE THAN SAYING PLOP, PLOP IN A WAREHOUSE AND THEN YOU KNOW, SURROUNDED BY RESIDENTIAL. DO WE REALLY WANT TO DO THAT? YOU KNOW THAT WE VIEW THAT AS AN APPROPRIATE USE APPROPRIATE THAT LOCATION. I THINK ALL THOSE REASONS ARE KIND OF BUTTRESS YOUR CASE IN COURT. WHEN SOMEONE SAYS WELL, HERE'S WHY I DON'T LIKE IT. YOU START GETTING INTO A PROPERTY VALUES WELL, I CAN PROBABLY THINK IT'S ONLY GENERATES A LOT OF PROPERTY VALUE PROPERTY TAXES. THAT MAY BE A TOTALLY INCONSISTENT USE OF PROPERTY AT THAT LOCATION. BUT IF YOU'RE ONLY CONCERNED ABOUT PROPERTY TAXES WELL, WHY WOULDN'T THAT BE ALREADY? YOU CAN PROVE THAT, AREN'T YOU? SO MY, MY THOUGHT IS KIND OF THINK THOSE TYPES OF ISSUES THROUGH AND WHERE THOSE MAY LEAD UH, UM AND. I LOVE. I MEAN, I THINK WE HAD A COUNCIL IN AWHILE. BACKWARD COUNCIL WENT THROUGH

[02:00:03]

YOU MAY ALL DISAGREE WITH ME. BUT AS LONG AS I SAID A VALID REASON YOU MIGHT NOT LIKE IT.

I'M OKAY WITH THAT IN COURT. I'M OKAY TO SAY WELL HERE I CAN GIVE YOU 14 REASONS WHY, AT A PUBLIC HEARING ALL THE NEIGHBORS OPPOSED THIS AND WHAT? WHY THE PM'S EITHER POST IT OR OR ARE PROVED IT. AND AGAIN AS LONG AS IT'S VALID, NONDISCRIMINATORY REASONS. WE SHOULD WIN SO AND AGAIN THIS GOES, WE ALREADY HAVE ENOUGH FILL IN THE BLANK IN THE TOWN OR WE DON'T WE DON'T NEED MORE FILL IN THE BLANK IN THE TOWN. AND REMEMBER, WE ALSO HAVE OFFICIAL POSITION STATEMENTS THAT TOWN OR COMMON PLANT PARTS PLAN ALL THOSE THINGS. THE TOWN HAS MADE DECISIONS ABOUT LOTS OF THOSE THINGS NOT TO SAY THOSE CAN'T BE AMENDED OR CHANGED OVER TIME. BUT THOSE ARE THINGS THAT THAT, UM I MEAN, ADVOCATE SOMETHING THAT VIOLATES THE COMP PLAN. WITHOUT CHANGING THE COM PLAN IS LIKE WELL, WHY WOULD YOU APPROVE SOMETHING OF STATE LAW SAYS IT HAS TO BE, OF COURSE, WITH THE CONFERENCE OF PLAN, AND YOU KNEW THAT AND YOU VOTED THAT YOU TO DO SOMETHING THAT WAS NOT IN COURSE OF THE COPPER INDISCIPLINE CHANGING THE CONFERENCE OF PLAN. SO WHY DO YOU THINK THAT WAS LEGAL IN TEXAS? AND THOSE TYPE OF QUESTIONS YOU GET IN COURT ONE DAY AND THEIR TECHNICAL AND AGAIN ALWAYS REMEMBER AMOUNT OF DISCRETION YOU HAVE AND AGAIN P AND Z. YOU KNOW, THIS DISCUSSION WITH THE PARK BOARD IS, YOU KNOW THE ORDERS? WHERE TO PARK WHERE THEY DO IT. THEY HAVE A GREAT FUNCTION. YOU'RE NOT GOING TO GO TO A QUARTER OF THE PARK BOARD.

YOU KNOW, I'VE NEVER BEEN 30 SOME YEARS NEVER BEEN ON A COURT IN COURT OVER PARK BOARD DECISION. HAPPENING IN COURT OVER ZONING DECISION WITH PNC AND COUNCIL AND I REMEMBER THE BROAD DISCRETION IS OWNING MATTERS VERY, VERY LIMITED DISCRETION WITH PLANNING MATTERS AND AGAIN. YOU DON'T HAVE A LOT OF DISCRETION WHEN YOU MAKE THOSE MINISTERIAL DECISIONS ABOUT PLATZ. ALWAYS REMEMBER THE TOWN'S CODE OF ETHICS. IF YOU HAVE A PROPERTY OWNED TO THAT 200 FT BUFFER, YOU CAN'T PARTICIPATE IN THE DECISION OF THAT. ALWAYS BE AWARE OF WHAT CONSTITUTES AN ETHICAL VIOLATION . YOU ALL WENT THROUGH THE TRAINING WITH THE OPEN MEETINGS, ACT, THE OPEN RECORDS ACT OR PUBLIC INFORMATION ACT. WE HAVE OUR TOWN CODE OF ETHICS. YOU HAVE A COPY OF THAT? UM, IF YOU HAVE ANY ISSUE ABOUT WHETHER YOU HAVE A POTENTIAL VIOLATION OF THE CODE OF ETHICS OF THE TOWN CONTACT ME. I WILL WRITE A LEGAL OPINION FOR YOU. I'M NOT DOING THAT TO GENERATE BUSINESS. BUT IT DEFENDS TO AN ETHICS VIOLATION IS THAT THE ATTORNEY FOR THE GOVERNMENT ENTITY GAVE YOU OPINION THAT WHAT YOU PROPOSE TO DO WAS OKAY. SO IF YOU HAVE A QUESTION ABOUT IT, I WRITE ETHICS OPINIONS FOR COUNCIL MEMBERS ON OCCASION. IF I WRITE BRANDON HAS A QUESTION ABOUT THAT. I OWN STOCK AND SOMETHING AND THIS IS A PIECE OF PROVINCE PARTLY OWNED BY THIS COMPANY. CAN I VOTE? I'M GONNA WRITE AN OPINION TO HIM. NO ONE ELSE GETS TO SEE IT. BUT IT'S HIS. IT'S LITERALLY TO GET OUT OF JAIL CARD. WHEN SOMEONE SAYS, OH, WE'RE GONNA WE'RE GONNA FOLLOW A CRIMINAL COMPLAINT AGAINST YOU BECAUSE YOU HAD A CONFLICT INTEREST VOTING ON THAT. YOU SAID I'M NOT AN OPINION FROM THE TOWN ATTORNEY.

THAT'S MY GET OUT OF JAIL CARD. YOU USE THAT? YOU KNOW THAT THAT PROTECTS YOU. SO IF YOU HAVE A QUESTION ABOUT IT, LET ME KNOW I'LL BE HAPPY TO RESPOND TO RESPOND TO YOU VERY QUICKLY WITH THAT. AND IF YOU DO HAVE A COMPLEX, YOU HAVE TO FOLLOW AN AFFIDAVIT. IMMIGRANT CUES YOURSELF FROM VOTING. AND THE TOWN SECRETARY HAS COPIES OF THOSE AND THAT'S IT. I THINK I HAVE TIME FOR CHIP OFF. I HOPE SO. BUT THANK YOU ANY QUESTIONS ? I CAN YOU KNOW ANYTHING COMES UP OR WHATEVER EITHER CONTACT ME OR CONTRAST, DAVID IN TOUCH WITH A QUESTION ABOUT SOMETHING.

YOU'RE NOT SURE ENOUGH. I'M HERE TO HELP YOU ONE OTHER QUESTION, ESPECIALLY AS WE THINK FORWARD ON SOME OF THE COMPLEX CASES. REMEMBER IN OUR TRAINING, LIKE IF THERE WAS SOMETHING WE WERE UNCOMFORTABLE WITH. WE WANTED TO HAVE A CONVERSATION WITH YOU IN THE MIDDLE OF OUR REGULAR MEETING. I FORGOT THE PROCESS TO ALL THE TIME OUT, BASICALLY BECAUSE WE DON'T REALLY HAVE OFFICIAL EXECUTIVE SESSIONS THERE IS A THERE IS AN EXCEPTION UNDER THE OPEN MEETINGS, ACT THAT ANY TIME ON A ON A MEETING AGENDA. IF YOU HAVE A LEGAL QUESTION ABOUT ANYTHING ON THE MEETING AGENDA THAT YOU CAN KIND YOU CAN TAKE A TIME OUT AND GET LEGAL ADVICE FROM YOUR ATTORNEY, BUT ONLY LEGAL ADVICE ABOUT AND AGENDA ITEM. I THINK. 551.71 THAT OPEN MEETINGS ACT THAT WE

[02:05:04]

THANK YOU SO MUCH. THANKS FOR JOB, GOOD STUFF AND ALL OF THE WORK. TO GET THIS PAMPHLETS READY TO KNOW TOMMY. ARE YOU GIVING REPORT NEXT TIME? DAMON'S ACTUALLY VOLUNTEERED TO OKAY,

[6. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.]

[02:10:05]

POTENTIALLY WE DO HAVE. I THINK THREE PUBLIC HEARINGS THREE ZONE CASES THAT THAT POTENTIALLY COULD BE. HUGE LONGER ONE. POTENTIALLY YEAH, RIGHT NOW, AS OF TODAY, WE WILL LOOK AT 33 PUBLIC AREAS. THE STAFF DUTY ANY , UH, STAFF CHANGES AT ALL OUR UPCOMING WITH THE PLANNING DEPARTMENT. ALL OF HER PLANNING ? NO. UH WE DO YOU HAVE A NEW EXECUTIVE DIRECTOR THERE JUST STARTED TODAY. UM, HEALING WAS THE INTERIM THAT I COULD HAVE DIRECTOR, AND SO DO YOU HAVE NOW A PERMANENT HIS NAME'S CHUCK. I'M TRYING HIS LAST NAME. UM AND THEN THEY ARE GOING TO BE LOOKING FOR THE DIRECTOR OF DEVELOPMENT SERVICES. SO WE'RE STARTING TO GET FILLED UP A LITTLE BIT. SO WE'RE EXCITED FOR ALL THAT. I KNOW WE HAVE A VERY LONG CHECKLIST OR TO DO LISTS. I THINK THERE'S LIKE 10 ITEMS ON THERE. BUT WE'LL KEEP YOU ALL INFORMED THE GROUP. YEAH CAN WE PUT THE NUMBERS AND LETTERS BACK ON THE AGENDA? SO THAT'S THAT'S SO LETTING ME ON? NO, WE DID USE A NEW PLATFORM FOR THE AGENDA. SO WE DO APOLOGIZE. IF THERE IS ANY MISTAKES. I THINK WE PRINTED OUT THE WRONG ONE. UM SO, YEAH, WE'LL DEFINITELY LOOK AT THAT AND SEE, BUT I THINK THE FORMAT THAT WE'RE USING IS THE SAME FORM OF THAT COUNCIL USES. AND SO IT MIGHT BE A LITTLE BIT DIFFERENT NOW, JUST JUST LETTING YOU ALL KNOW HOW IT RUNS FOR THE NUMBER JUST TO LET Y'ALL KNOW ON FRIDAY. I GUESS THERE'S THREE CANDIDATES FOR TELLING MANAGER THAT WE HAVE THE OPPORTUNITY TO MEET THIS FRIDAY AFTER THE EVENING. NOT SURE WHAT TIME THAT IS. DO YOU KNOW WHAT TIME IT IS? NOT SURE? YEAH THEY'RE DOING IT HERE. 6. 30 IS WHAT I SAW RIGHT AT 600 CAN I CAN GET SOME MORE INFORMATION, AND I'LL SEND OUT AN EMAIL TOMORROW, AND I CAN JUST IF THAT'S SOMETHING, YEAH.

QUESTIONS FOR DAVID. THANK YOU. THANK YOU VERY MUCH TO BE A BUSY START TO THE YEAR. ALRIGHT. ITEM NUMBER SEVEN. YOU CAN READ IT. I'LL ENTERTAIN A MOTION IN THE SECOND TO ADJOURN. WHO WE GOT MOTION. WE ADJOURN. ALRIGHT. GOT A MOTION TO COMMISSIONER HERE. SO WE HAVE A 2ND 2ND 2ND COMMISSIONER JACKSON ALL THOSE IN FAVOR RAISE YOUR HAND CARRY 6 TO 0. WE ARE ADJOURNED TIME IS 8 14. THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.