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WHAT'S WRONG? GOOD EVENING. THIS IS THE REGULAR MEETING OF THE TUESDAY MAY 7TH 2024 PROSPER

[1. Call to Order / Roll Call.]

[00:00:13]

PLANNING AND ZONING COMMISSION. THE MEETING IS CALLED TO ORDER AT 6:11 P.M. THIS EVENING. ALL COMMISSIONERS ARE PRESENT AND ACCOUNTED FOR THIS EVENING. FOR THOSE WISHING TO ADDRESS THE COMMISSION. THOSE WISHING TO ADDRESS THE COMMISSION MUST COMPLETE THE PUBLIC COMMENT REQUEST FORM LOCATED ON THE TOWN WEBSITE OR IN COUNCIL CHAMBERS. IF YOU'RE ATTENDING IN PERSON, PLEASE SUBMIT THIS FORM TO THE BOARD CHAIR OF STAFF MEMBER PRIOR TO THE MEETING. WHEN CALLED UPON. PLEASE COME TO THE PODIUM AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. ADAM TWO THIS EVENING IS THE PLEDGE OF ALLEGIANCE IF YOU'LL PLEASE RISE. I'M GLAD TO LEAVE THIS SOON. THE FLAG FOR THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD AND INDIVIDUALS. WITH LIBERTY AND JUSTICE FOR ALL. ITEM NUMBER

[CONSENT AGENDA]

THREE THIS EVENING IS OUR CONSENT AGENDA AND OUR CONSENT AGENDA THIS EVENING. WE HAVE ITEMS. THREE A THROUGH THREE H. UH DID ANY OF THE COMMISSIONERS WANT TO PULL ANY CONSENT AGENDA ITEMS FOR CONVERSATION THIS EVENING? UH, YES. I'M GONNA PULL THREE F. OK, SO WE'RE GONNA PULL ITEM THREE F ANY OTHERS? I JUST HAD A PROCEDURAL QUESTION ON THREE A. SINCE WE'RE TABLING IT.

WE'RE NOT DOING WE JUST DO WE NEED TO PULL IT OR JUST WE JUST APPROVE IT. AND AS A IT'S ON MY.

OK I FIGURED THAT HAPPEN. SO IF WE JUST APPROVE IT AS A CONTINGENT ELEMENT MOVES THE PROCESS FORWARD AND WE'RE GOOD, OK? THE QUESTION ANY OTHERS THAT NEED TO BE PULLED? IF NOT, I'LL ENTERTAIN A MOTION ON THE REMAINING CONSENT AGENDA ITEMS FOR APPROVAL. CHAIRMAN. I MOVE THAT WE APPROVE ITEMS CONSENT AGENDA ITEMS. THREE A THROUGH THREE. E AND THREE G. THROUGH THREE H. OK, THANK YOU. SO COMMISSIONER BLANSETT, UH, MADE A MOTION TO APPROVE THOSE SAID CONSENT AGENDA ITEMS. DO I HAVE A SECOND I'LL SECOND IT HAVE A SECOND FROM COMMISSIONER HAMILTON. ALL THOSE IN FAVOR OF APPROVING CONSENT ITEMS. THREE A THREE B THREE C 3D 3 E THREE G AND THREE H, PLEASE RAISE YOUR HAND. AND THE MOTION CARRIES. UH, WHAT DO WE HAVE NOW? FIVE TO 06 TO 0123456 TO ZERO. ALL RIGHT , SO I'LL TAKE IT BACK TO TOWN STAFF ON ITEM THREE. F, UH FOR

[3f. Consider and act upon a request for a Revised Site Plan for a Drive-Through Restaurant on gates of Prosper, Phase 1, Block B, Lot 2, on 1.5± acres, located on the east side of Preston Road and 470± feet north of Richland Boulevard. (DEVAPP23-0198)]

ANY QUESTIONS WE MAY HAVE FROM THE COMMISSION. THIS IS THE DRIVE THROUGH MR CHAIRMAN. YOU WANT ME TO JUST ASK QUESTIONS? ABSOLUTELY I GUESS YOU CAN COME AND GET THEM. THEY MAY NOT EVEN.

GAVE THE COMMISSION EVENING. UM AND I CAN SHORT CIRCUIT THIS, I GUESS. JUST GO TO MY QUESTIONS ON THE, UM CAN YOU GO TO THE PLAN THE MAP THAT OR THE SITE PLAN. ONE. THERE'S ACTUALLY TWO DIFFERENT ONES, ONE SHOW. IT WAS THE WIDE OF THE DRIVE. GO TO THE LANDSCAPING ONE. I THINK. THAT'S FINE. THAT'S GOOD. SO I'M CURIOUS. UM THE DOCUMENT OR THE READOUTS THAT TALKS ABOUT THAT.

THERE IS, UH, AN ENCROACHMENT INTO THE 5 FT LANDSCAPE. I ASSUME THAT'S UH, SETBACK IS THAT DOWN ON THE BOTTOM OF THAT SOUTH SIDE, THE BOTTOM PART. SO WHEN I LOOK AT THIS, IT LOOKS TO ME LIKE IT'S MORE THAN JUST AN ENCROACHMENT. LOOKS LIKE IT'S TAKING UP THE ENTIRE 5 FT.

REMAINING UM, THEY DO HAVE MORE EXHIBITS. UH, I DON'T KNOW IF YOU'VE SEEN SEEN THEM IN THE PACKET, BUT THEY'RE ONLY UM TAKING, UH, ENCROACHING INTO 5 FT. OF THAT, UH, CURRENT LANDSCAPE. SO IF I'M LOOKING AT THE DARK LINE IS THE PROPERTY LINE IS THAT CORRECT? SO THE PROPERTY LINE THE 5 FT, WHERE THE LANDSCAPING IS LOOK IS ON IS SOUTH OF THAT PROPERTY LINE. AM I NOT LOOKING AT THAT CORRECTLY. SO IS THAT ACTUALLY CHICK FIL A'S PROPERTY OR IS THAT SOMEONE ELSE'S PROPERTY? BELIEVE THAT IS THAT IS THE PROPERTY TO THE TO THE ADJACENT, UH ESTABLISHMENT THERE. UM, THIS PHOTO HERE. THIS IS, UM EXPLAINS MORE OF WHAT THEY ARE TRYING TO DO. AS FAR AS THE, UH THAT OF THE LANDSCAPING TO THEIR PROPERTY LINE. AND SO THEY'RE BASICALLY GONNA, UM,

[00:05:03]

RAISE UP THEIR RETAINING WALL ON THE PROPERTY LINE. OKAY, SO BUT ON THE BUT WE'RE LOOKING AT THIS SIDE OF THE FENCE THERE THAT WAS THERE WITH THIS SIDE OF THE RETAINING WALL. IS WHERE THEY'RE GOING TO PUT THE ADDITIONAL LANDSCAPING. IS THAT CORRECT? THEY'RE GONNA ADD LANDSCAPING ALL AROUND THE PERIMETER. OK BUT I'M I'M ONLY TALKING. MY QUESTION IS ABOUT THIS PARTICULAR SITE. LET ME YES, YES. CORRECT. THAT THE PROPERTY LINE SHOWS IT TO BE JUST ON THE OTHER SIDE. THIS LANDSCAPE IS NOT WITHIN THE PROPERTY LINES OR ON THE BOUNDARIES I'M TRYING TO FIGURE OUT IS THIS ACTUALLY CHICK FIL A'S PROPERTY. IF IT'S NOT DO WE HAVE AN AGREEMENT FROM THE REAL OWNER TO DO THIS ADDITIONAL LANDSCAPING? I MEAN, HOW DO WE? HOW DO WE KNOW THIS LANDSCAPING CAN BE DONE IN THEIR AUTHORIZED TO DO IT? I BELIEVE THERE'S A REPRESENTATIVE FROM THE, UH FROM THE APPLICANT, OK? UM AND CORRECT. SO THANK YOU. HI. UH, JEREMY ZALESKI. UM ADDRESS IS 408 CEN DRIVE IN DALLAS, TEXAS. THANK YOU. DO YOU? DO YOU UNDERSTAND MY QUESTION? THE BASED UPON WHAT THE DRAWING IT LOOKS LIKE THIS LANDSCAPE AREA WE'RE TALKING ABOUT IS NOT IN THE PROPERTY LIMITS, SO I'M TRYING TO FIGURE OUT WHOSE PROPERTY IT IS. IT IS AND WE DO HAVE THE PERMISSION TO DO SO, UH, THAT PROPERTY OWNER JUST SOUTH OF US IN THE LANDSCAPING ALONG THERE. SO DO IS THAT LIKE A IS THAT AN AGREEMENT A WRITTEN AGREEMENT THAT YOU HAVE? THE SIGNED AGREEMENT THAT INVOLVES THAT YOU CAN PLANT THERE AND ALSO THAT YOU'RE RESPONSIBLE FOR PAINTING IT OR, UH, THROUGH SITE PLAN. UM A TEMPORARY CONSTRUCTION HE'S MEANT TO. WE HAVE TO REBUILD THE WALL ALONG THERE AS WELL. AND UH UH, TAKE OVER SOME OF THEIR PARKING SPACES JUST OUT OF THERE. SO WE HAVE ALL OF THAT IN PLACE. IT'S ACTUALLY THE SAME PROPERTY OWNER AS WELL. THAT OWES CHICK FIL A AND THE SOUTH. UH, THE SOUTH. IT'S THE SAME PROPERTY OWNER OK? ALL RIGHT, AND HAS STAFF. STAFF SEEN THAT PARTICULAR AGREEMENT AND EVERYTHING. OK? I DID NOT SEE THE FINAL VERSION THAT WAS SIGNED, BUT I SAW THE DRAFT VERSION. WE WERE PART OF THIS WHOLE PROCESS EARLY ON. UM THIS IS SOMETHING THAT, UM CHICK FIL A. HAS BEEN DOING NUMEROUS PLACES AROUND BECAUSE THEY DO A LOT OF BUSINESS AND THEY WERE ADDING, UH, LANES TO BE ABLE TO GET MORE TRAFFIC THROUGH FASTER AND MORE CONVENIENTLY, AND IN THAT PROCESS THEY NEEDED TO EXTEND BASICALLY THEIR BAILOUT PLANE, WHICH IS SOMETHING THAT THAT WE'VE BEEN REQUIRING, THEY DIDN'T HAVE ALL OF THE ROOM THAT THEY NEEDED THERE AND, UM ORIGINALLY APPROACHED BY THIS BY THE PROPERTY OWNER, THE LANDOWNER. THESE ARE ALL GROUND LEASES AND THE ACTUAL PROPERTY OWNER AND TALKED TO US ABOUT, UM HOW WE COULD DO THIS, AND THIS IS THE DECISION THAT WAS WAS MADE WAS TO ENCROACH OVER, UM, PUT SOME ADDITIONAL LANDSCAPING TO DO WHAT THEY'RE GONNA DO. THEY'RE GONNA HAVE TO TAKE OUT THE LANDSCAPING. THAT'S THERE, SO THEY'RE GONNA PUT LANDSCAPING BACK IN. THAT'S A LITTLE THICKER AND A LITTLE MORE OF IT AS WELL AS ENHANCING AND KICKING THE RETAINING WALL UP A LITTLE BIT. SO STAFF VIEWED THAT AS YES, IT IS GIVING UP YOUR CORRECT IT'S GIVEN UP SOME OF WHAT WAS THERE IN EXISTING BECAUSE THERE WAS 5 FT ON BOTH SIDES, BUT NOW THERE'LL BE ENHANCED ON THE ONE SIDE AND THE RETAINING WALL WILL WILL. DO MUCH BETTER JOB OF SCREENING OUT THE DRIVE THROUGH BECAUSE IT'LL IT'LL, UM, BE TALLER AND ALMOST LIKE A SCREENING WALL AS OPPOSED TO RETAINING WALL, SO IT'S A VERY LONG ANSWER TO YOUR QUESTION. BUT I THOUGHT IT WAS IMPORTANT TO TELL YOU HOW WE ACTUALLY GOT THERE IN THE FIRST PLACE. OK, THEY DID ALL THE LEG WORK, BUT WE DID ALL OF THE THREE SO TO SPEAK. ALL RIGHT, SO I'M AND I'M I'M JUST IN MY CONCERN. BASIC I'M I'M SUPPORTIVE OF THIS. I IT'S GREAT. I THE SITE PLAN SAYS. THE OWNER. TENANT OR THEIR AGENTS, IF ANY SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE MAINTENANCE ESTABLISHMENT AND PERTINENT AND OF PLANT MATERIAL AND GOES ON TALKING ABOUT THAT. SO THIS PARTICULAR STRIP OF PROPERTY. YOU'RE NEITHER THE OWNER OR THE TENANT OR THE AGENT. SO THAT THAT'S WHAT I'M TRYING TO ESTABLISH, IS TO MAKE SURE THAT WE WANT THAT TO STAY, UH, MAINTAINED, PLANTED AND MAINTAINED. BUT I JUST WANNA MAKE SURE THAT WE AS A CITY HAVE THE RIGHT TO ENFORCE THAT ON YOU AS IF IT'S NOT BECAUSE THAT'S

[00:10:07]

IT'S NOT ON YOUR PROPERTY. SO UM , WE CAN PROVIDE THE AGREEMENT TO YOU ALL AS WELL THAT WE HAVE.

I THINK THAT WOULD BE GOOD AND BE ESSENTIAL PART OF THE PRESENTATION TO THE TOWN COUNCIL OF ASSUMING THIS GOES THROUGH. THANK YOU. ABSOLUTELY. THANK YOU. I APPRECIATE IT. THANKS.

ANY OTHER QUESTIONS? WELL I THINK PART OF THE QUESTION DIDN'T GET ANSWERED THAT I THAT I I'M GONNA SAY IT DIFFERENTLY IS ARE WE OK WITH ALLOWING A LANDSCAPE SETBACK THAT'S CLEARLY THE EASEMENTS CALLED FOR THE SETBACK CALLED FOR WERE ALLOWING IT ON A SEPARATE PIECE OF PROPERTY REGARDLESS OF WHO OWNS THAT PROPERTY. IN ESSENCE, IT HAPPENS TO BE THIS THIS SAME OWNER BUT ISN'T THE PURPOSE OF THE SETBACK TO PROVIDE A LANDSCAPE BUFFER, WHICH IS ACTUALLY 10 FT. BECAUSE IT'S 5 FT ON EACH SIDE, SO I'M NOT NECESSARILY AGAINST IT. I MEAN, FRANKLY, I LOVE CHICK FIL A. BUT UH, I DO THINK THAT WE HAVE TO ASK THAT QUESTION BECAUSE WE'RE GOING FROM A 10 FT. LANDSCAPE SET BACK IN PRACTICE TO A 5 FT LANDSCAPE. SO IN THIS AGAIN, THE SEPARATE PROPERTY OWNER IT'S KIND OF IRRELEVANT TO ME. IT'S A SEPARATE PROPERTY, SO I I'M JUST KIND OF CURIOUS AND PRINCIPLE, IF THAT'S ASKING THE SAME QUESTION DIFFERENTLY. NO AND II.

I UNDERSTAND AND WHEN THIS FIRST WAS WAS BROUGHT TO US, WE WERE TRYING TO FIGURE OUT HOW TO ACTUALLY MAKE THIS WORK TO GET THE BAIL OUT LANE, WHICH WAS WHAT WE WERE REQUIRING. HAD WE NOT REQUIRED THE BAILOUT LINE. IT WOULDN'T HAVE MATTERED AND EVERYTHING WOULD HAVE BEEN FINE AND THE LANDSCAPING WOULD HAVE STAYED LIKE IT WAS. BUT THE BAILOUT LINE CAUSED THE, UM CHICK FIL A SIDE OF THIS. AGREEMENT SO TO SPEAK. THEY HAVE TO BE RAISED A LITTLE BIT BECAUSE THERE WAS A LANDSCAPE THAT WAS SLOPED THERE. AND WHEN THE BAILOUT LANE WENT IN, IT HAD TO BE RAISED. SO THE BAILOUT WAS AT THE SAME HEIGHT AS THE ORIGINAL DRIVE THROUGH THAT WAS THERE THAT CREATED TWO PROBLEMS NUMBER ONE. THEY HAD TO DO SOMETHING ABOUT THE RETAINING WALL. IF THAT WAS GOING TO OCCUR , AND THEN NUMBER TWO, WE HAD TO FIGURE OUT WHAT TO DO ABOUT THE LANDSCAPING. AND SO THIS CONVERSATION INVOLVED. THE LAND OWNER. AND THEN THE TWO LEASE.

OWNERS LEASEHOLDS, WHICH ARE THE PROPERTIES ON BOTH SIDES, CHICK FIL A AND THE WINE IMMEDIATELY TO THE SOUTH, AND THIS WAS THE SOLUTION THAT WE CAME UP WITH. BASICALLY. TRANSFERRING OR OR REPLACING, IF YOU WILL LANDSCAPING WITH THE RETAINING WALL, AND INSTEAD OF STOPPING AT THE GROUND LEVEL WITH THE RETAINING WALL, THEY RAISED IT, SO IT BECAME A SCREENING WALL WITH SERVE THE ORIGINAL PURPOSE OF THE LANDSCAPING WALL. SO WE THOUGHT IT WAS AAA FAIR TRADE AND THAT IT WOULD AT THE END OF THE DAY, IT WOULD ACCOMPLISH THE INTENT OF WHAT WAS WAS BEING ORIGINALLY REQUIRED IN THE ORIGINAL APPROVAL. WHAT JUST OUT OF CURIOSITY? WHAT PROMPTED THE CHANGE? WHAT I? I READ THROUGH IT, BUT I DIDN'T FULLY UNDERSTAND. WHY ARE WE EVEN HAVING THIS LIKE? WHAT DOES CHICK FIL A NEED ON THE BACK SIDE? WE GO BACK WHO'S GOT THE CLICKER? GO BACK. YOU SEE HOW IT IT CURVES ALL THE WAY AROUND TO WHERE THE CURLY RED LINES ARE ALL THE WAY AROUND TO THE TOP. BUT CHICK FIL A HAS BEEN DOING IN IN A LOT OF PLACES IS HAVING INSTEAD OF JUST ONE DRIVE THROUGH. THAT THEY SPLIT THEM, AND THEY PUT A SECOND ONE TAKE ORDERS FROM TWO PEOPLE. BOTH OF THE CARS GO AROUND AND THE LANES . THE TRAFFIC GOES AROUND AND THEN WHEN THEY GET TO THE DRIVE THROUGH PART OR EXCUSE ME THE PICK UP PART OF THE DRIVE THROUGH YOU'VE GOT TWO LANES AND THEY'RE NOT THE ONLY ONES THAT HAVE DONE THAT IN TOWN. UM I'M NOT GONNA NAME OTHER NAMES. THAT'S PROBABLY NOT A GOOD THING, BUT IT'S BECOMING RELATIVELY COMMON NOW TO HAVE TO PICK UP. AND YOU'LL HAVE A PERSON WHO ACTUALLY BRINGS THINGS OUT TO YOU, AS OPPOSED TO BEING HANDED WHAT YOU ORDERED FROM THE WINDOW. THEN MAKING THOSE CHANGES OR WHAT REQUIRED THIS TO HAVE TO CHANGE GOING ALL THE WAY AROUND. SO THE WIDENING AND ADDING MORE ABILITY TO GO THROUGH FASTER FOR PEOPLE, THE PATRONS THAT WERE COMING IN, UM THE BEGINNING. PART OF THAT IS YOU CAME ALL THE WAY AROUND TO WHERE THE PICKUP IS THAT THAT'S WHAT CAUSED THE EXTRA THE NEED FOR THE EXTRA LANE. THERE OTHERWISE, THE REST WOULDN'T HAVE DONE WOULDN'T HAVE SERVED A PURPOSE THAT IS STILL THE RIGHT TO LINE AGAIN, ISN'T THERE TO DRIVE THROUGH LANES ALREADY EXISTING TECHNICALLY, THERE'S THREE IS THE THIRD ONE SO AND

[00:15:02]

THAT'S THE BAILOUT AS THEY WERE DOING THE OTHERS. THEN WE WERE THE ONES WHO PASSED AN ORDINANCE NOT TOO LONG AGO. UH, WHEN WE UPDATED OUR DRIVE THROUGH REQUIREMENTS THAT THAT REQUIRE THAT BAIL OUTLINE SOMEWHERE IN THE PROCESS YOU HAD OR EXCUSE ME ANYWHERE IN THE PROCESS, YOU HAD TO BE ABLE TO GET OUT IF YOU NO LONGER WANTED TO WAIT IN LINE. WELL I GUESS I'LL ASK THIS A LITTLE BIT DIFFERENT. WHAT'S CHANGING FROM THE CURRENT CONFIGURATION TO THE NEW CONFIGURATION OTHER THAN THE WALL IN A LANDSCAPING? THE EXTRA PAVING ALL THE ALL THE SLASHED OR THE HASH LINES IS ALL EXTRICATING. THAT WASN'T THERE THAT WAS THE SLOPE WITH THE LANDSCAPING ON IT PREVIOUSLY. I DIDN'T SEE A PICTURE IN THE PACKAGE THAT SHOWED KIND OF EXISTING, BUT YEAH, SIR. YEAH, SO IT JUST MIGHT HELP? SURE SO ORIGINALLY IT IT STARTED AS AS DAVID WAS SAYING, AS WE WANTED TWO LANES ALL THE WAY AROUND. BUT SINCE PROSPER REQUIRES THE ESCAPE LANE, NOT ENOUGH FOR HIM TO DO TWO LANES, THEN AN ESCAPE LANE, RIGHT AND SO WE REALLY WE'RE RUNNING THE SAME PLAY HERE. WHAT WE'RE GAINING IS ABOUT 2 FT OF DRIVE THROUGH. SO WE CAN PUT A 2 FT TEAM MEMBER STRIPING. ON THE INSIDE LINE. AND THAT ALLOWS TEAM MEMBERS TO X ORDERS. THAT'S BETTER. GOT YOU. WELL FOR SOME DEALS, SO BASICALLY YOU'RE TRYING TO EXPEDITE ORDERS AND IN THE PROCESS OF WANTING TO MAKE A CHANGE OUR OUR TOWNS. PROCESS CHANGE AS FAR AS HOW DRIVE THROUGHS ARE CONSTRUCTED IS CREATED THE DILEMMA. I GUESS WE'RE IN RIGHT OR THE ISSUE THAT THAT WE'RE DISCUSSING. YES THAT'S PREVENTING US FROM HAVING THE TWO FULL LENGTH FULL LANES ALL THE WAY AROUND. IT IS REQUIRING US TO KEEP THAT ESCAPE LANE. UM, BUT CHICK FIL A WILL USE IT AS A BYPASS. THEY WILL USE IT AS A CHICK AS A ESCAPE.

LANE. UM AS AS IT'S INTENDED. BUT REALLY, IT'S THE TEAM MEMBER SAFETY IS WHAT WE'RE GAINING 2 FT. EXTRA SPACE FOR THEM TO EXPEDITE REPORTS. I'M GOOD. ANY OTHER QUESTIONS. I APPRECIATE YOU BEING HERE. I APPRECIATE THE ADDITIONAL INFORMATION THAT WAS VERY HELPFUL. ANYTHING ELSE? I DON'T THINK WE HAVE ANYTHING ELSE THIS EVENING. I THINK. YEAH, THANK YOU APPRECIATE IT VERY MUCH. UH, I'LL TAKE IT BACK TO THE COMMISSION. THIS IS ITEM THREE. F IF WE HAVE A, UH, CONVERSATION OR A MOTION ON THREE F. A MOVE THAT WE, UM OF CONSENT AGENDA ITEM THREE F. SO WE HAVE A MOTION TO APPROVE ITEM THREE F FROM, UH, COMMISSIONER HARRIS, DO WE HAVE A SECOND? I'LL SECOND SECOND FROM COMMISSIONER HAMILTON. UH, ALL THOSE IN FAVOR OF APPROVING ITEM THREE. F, PLEASE RAISE YOUR HAND. MOTION CARRIES 6 TO 0. THANK YOU. THANK YOU APPRECIATE IT. MOVING ON TO OUR REGULAR AGENDA THIS EVENING ITEM NUMBER FOUR REVIEW ACTIONS TAKEN BY THE TOWN COUNCIL AND POSSIBLY DIRECT TOWN STAFF TO SCHEDULE TOPICS FOR DISCUSSION AT A FUTURE MEETING. DO YOU MEAN? WE NEED TO DO THE CITIZEN COMMENT JUST IN CASE SOMEBODY WE CAN VERY GOOD CITIZEN COMMENTS. I GUESS THEY JUST LEFT. THE PUBLIC IS INVITED TO ADDRESS THE PLANNING AND ZONING COMMISSION ON ANY TOPIC. HOWEVER THE COMMISSION IS UNABLE TO DISCUSS OR TAKE ACTION ON ANY TOPIC NOT LISTED ON THIS AGENDA. PLEASE COMPLETE A PUBLIC COMMENT , REQUEST FORM AND PRESENT IT TO THE DEVELOPMENT SERVICES DEPARTMENT PRIOR TO THE MEETING. DID WE HAVE ANY CITIZENS? THAT WOULD LIKE TO COME FORWARD AT THIS TIME. I DON'T THINK WE DO SO LET'S MOVE ON TO OUR REGULAR

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

AGENDA ITEM. FOUR REVIEW ACTIONS TAKEN BY THE TOWN COUNCIL AND POSSIBLY DIRECT TOWN STAFF FOR, UH, DISCUSSION OF FUTURE TOPICS. OK UM SO PREVIOUS TOWN COUNCIL ALL ITEMS THAT WE HAD WERE CONSENT. UM SO THAT HEB SITE PLAN AND FACADE PLAN WERE BOTH APPROVED, UH, THE GATES OF PROSPER. PHASE TWO FACADE PLAN, UH, WAS APPROVED THOSE ALL UH, FACADE PLANTS IN THE GATES OF PROSPER HAVE TO BE APPROVED BY TOWN COUNCIL. UM AND THEN THAT DOWNTOWN MIXED USE PD ORDINANCE, UH, WAS ALSO APPROVED, UM UPCOMING TOWN COUNCIL. WE DON'T HAVE, UM, ANYTHING REALLY, FOR THE CONSENT OR THE PUBLIC HEARING. UM, THERE WILL BE A COUPLE OF, UH, COUNCIL MEMBERS WHO WON'T BE AT THAT MEETING. UM SO WE DIDN'T WANT TO PUT A BUNCH OF STUFF ON THERE. UM, FOR THE UPCOMING P AND Z MEETING. UH THE WORK SESSION. WE WANTED TO KIND OF HAVE A CONVERSATION. SO WE'RE GONNA HAVE THAT SAME ZONE IN CASE FROM LAST TIME ON, WOULD YOU GUYS LIKE TO HAVE IT AT FIVE? TO HAVE MORE DISCUSSION? UM OVER THAT, OR KEEP THE WORK STATION AT 530 FOR THE NEXT WORK SESSION. SO I, I I'M GONNA SPEAK ON MY BEHALF AND THEN EVERYBODY CAN JUMP IN HERE, BUT I THINK THAT'S RELATIVE TO WHAT CHANGES WE SEE OK WHEN THEY COME FORWARD, AND SO I THINK IT'S GONNA BE VERY HELPFUL AS WE DISCUSSED IN THE WORK SESSION AND I'M ANTICIPATING THERE MAY

[00:20:01]

BE A FEW CHANGES FROM WHAT WE HEARD THE FIRST TIME. UH, TO OUTLINE THE YOU KNOW WHAT WE SAW , PREVIOUSLY CHANGED TO NOW OR TO THAT MAY 21ST MEETING SO RELATIVE TO THAT. IT'S PRETTY TOUGH FOR SOME OF US TO GET HERE AT FIVE. I KNOW A 530 IS VERY DOABLE. I THINK FOR MOST OF US BUT I'M GONNA KIND OF LEAVE IT ON WHAT TOPICS AND HOW MUCH GROUND WE HAVE TO COVER FOR THAT FROM MY PERSPECTIVE AND SURE OPEN TO ANY OTHER COMMENTS, AND WHEN ARE WE GONNA GET IT TO BE ABLE TO REVIEW IT? AND THEN THIRD SEC 3RD 4TH WHERE WE'RE AT IN THE QUEUE IS ARE. IS THIS A WORK SESSION THAT THE APPLICANT IS GONNA BE A PART OF AGAIN? OR IS THIS GONNA BE A CONVERSATION BETWEEN US AND STAFF TO BE INFORMED IN WHAT WE'RE ABOUT TO SEE THE WORK SESSION? EXCUSE ME, THEY WILL NOT BE INVOLVED. UM THEY THE LIST OF AND OUR WORLD, THE SAME MEANING I WAS AT LAST WEEK, BUT OR OR MOST OF YOU BUT, UM WE SENT THEM A LIST OF A ITEMS. THAT WERE THE ONES THAT SEEMED TO BE THE BIGGEST, UM CHALLENGES. SHALL WE SAY BOTH FROM THE MEETING WITH YOU ALL AS WELL AS THE JOINT WORKSHOP MEETING AND SOME OF THEM I THINK WE WILL REQUIRE SOME SIGNIFICANT , I GUESS IS A RELATIVE TERM, BUT BUT DEFINITELY SOME THINGS THAT WE NEED SOME DISCUSSIONS AND SO MY SUGGESTION WOULD BE BUT WILL BE HERE ANYWAY, SO WE'LL PUT IT ON THE AGENDA FOR FIVE AND IF, DEPENDING ON WHO GETS HERE, AND WHEN THEY GET HERE, WE'LL WE'LL START THAT DISCUSSION. SO SOME OF YOU GET HERE EARLY AND YOU'VE GOT SPECIFIC QUESTIONS. DOES IT MATTER IF WE ANSWER THE QUESTION TWICE? YOU KNOW IF SOMEBODY ELSE COMES LATER AND HAS THE SAME QUESTION OR A SIMILAR QUESTION, AND I THINK THAT THAT WILL GIVE US THE OPPORTUNITY TO WITH US AS FAR AS WHEN YOU'RE GONNA GET THEM. I TOLD THEM THAT I NEEDED IT BACK. WE UH, I SINCE I GOT TO MAKE THE DECISION NEEDED IT BACK BY THE 14TH, WHICH IS NEXT TUESDAY. THAT GIVES US A DAY IN OUR INTENTION IS TO GET IT OUT. UM AT LEAST A DAY OR TWO. IT MIGHT BE DRAFT. IT MIGHT BE JUST THOSE PARTICULAR THINGS THAT HAVE CHANGED BEFORE YOU GET A FULL BLOWN AGENDA. UM FOR WHATEVER ELSE MAY BE ON THAT MEETING, BUT TO GET THAT INFORMATION TO YOU, AT LEAST A DAY OR TWO EARLY AND GAVE THEM TO THE 14TH BECAUSE IT'S QUITE A BIT OF THINGS THAT ARE GONNA HAVE TO BE ADJUSTED. I FOR IT CAN BE ABLE TO HAVE A CHANCE OF MOVING FORWARD. CAN WE GET IT? I? I WELL, I PERSONALLY WOULD LIKE TO SEE THOSE EIGHT THINGS THAT YOU TOGETHER JUST TO. I'LL SEND YOU A COPY OF THE EMAIL. I SENT THEM. THANK YOU THAT THAT AND START THINKING ABOUT IT, AND I WOULD ALSO ASK IF THEY ARE GOING TO PRESENT ANYTHING. THEY HAVE ANY PLANS ON PRESENTING ANYTHING DIFFERENT THAN THE PDF THAT WE RECEIVED IF THEY CAN PROVIDE THAT EARLIER. THAT WOULD BE GOOD AS WELL. SO IF THEY TWEAKED THE IMAGES THAT THEY EXACTLY IF THEY PLAN ON PRESENTING ANYTHING I KNOW THAT WELL, NUMBER ONE. THERE WON'T BE AND ADD IT TO YOUR YOUR WORKSHOP . BUT AT THE REGULAR MEETING I THERE'S NO DOUBT THAT THEY'RE GONNA MAKE THE PRESENTATION, SO TO SPEAK OF THINGS ARE AND I'LL GET THAT FROM THEM. EARLY AS WE CAN SEE THAT AS WE GET IT, UM, YOU KNOW, I I'LL SEND THEM A NOTE TOMORROW AND SAY, HEY, WHATEVER YOU'RE GONNA DO, I. I NEED THAT BY FRIDAY. SO I CAN GET IT OUT TO Y'ALL IN YOUR PACKET. OK, BECAUSE IT WILL ALMOST CERTAINLY JUST BE AND I DON'T KNOW THIS FOR A FACT. I'M MAKING AN ASSUMPTION. IT'LL JUST BE ADJUSTED SLIDES BECAUSE IF YOU'RE A MEMBER OF THEIR PRESENTATION DIDN'T HAVE ANY TEXT TO IT. IT WAS JUST THE SLIDES AND ALL OF THE VERBIAGE CAME FROM BARRY, WHO WAS THE BARRY HAND WHO IS THE PERSON WHO MADE THE PRESENTATION. I IMAGINE THAT WILL BE THE SAME, BUT, UH, WHATEVER THEY HAVE CHANGED, WE'LL SEND THAT TO YOU AS WELL. WHEN WE GET IT ON THE, UH, 14TH AFTER WE REVIEWED IT, SO YOU MAY NOT GET IT TILL THE 15TH. BUT BUT BECAUSE WE WANNA MAKE SURE IT'S WHAT OUR EXPECTATIONS ARE AND WHAT WE'RE GOING TO BE ABLE TO SUPPORT BECAUSE IT WON'T DO ANY GOOD TO SEND YOU SOMETHING THAT WE'RE GONNA STAND UP HERE AND SAY WE DON'T SUPPORT THIS.

YOU ANTICIPATE THAT WE WILL HAVE LIKE A DRAFT OR ESTIMATE OF WHAT THE DESIGN GUIDELINES MIGHT LOOK LIKE FOR THIS SECOND ITERATION. I KNOW. MARIO HAD MENTIONED THAT MOVING FORWARD ON SATURDAY IF YOU ANTICIPATE FOR THIS ONE COMING UP, YES, IF YOU RECALL AND YOU JUST MENTIONED THAT, UM, COUNCIL AND AS WELL AS THE TOWN MANAGER, UM, SPOKE ABOUT HAVING THE DEVELOPMENT AGREEMENTS DRAFT VERSIONS AT THE BEGINNING OF THE PROCESS, AS OPPOSED TO THE END OF THE PROCESS, BECAUSE THE WAY

[00:25:06]

THAT THE SYSTEM HAS GONE IN THE PAST WITH PDS WE WENT ALL THE WAY THROUGH THE DIFFERENT ITERATIONS AND THE DIFFERENT STOPS BETWEEN THE STAFF AND THE PNZ AND THE COUNCIL BEFORE THE DEVELOPMENT AGREEMENT EVER CAME INTO PLACE BECAUSE IT WAS PRETTY COMMON FOR THINGS TO CHANGE IT ALL THREE OF THOSE STAGES AS IT WAS GOING THROUGH. WE DIDN'T START WITH THE DEVELOPMENT AGREEMENT BECAUSE IT IT WOULD HAVE TO BE CHANGED SO MANY TIMES AS WE WERE GOING THROUGH. UM, AND THAT'S I DON'T KNOW. I WAS JUST POLICY. WHOEVER DID THE FIRST ONE THAT'S THE WAY THEY DID IT. BUT LATELY WITH THE SEEMINGLY HAVEN'T GOTTEN AWAY TOTALLY FROM STRAIGHT ZONING.

YOU RECALL YOU PROBABLY HAVEN'T SEEN A STRAIGHT ZONING CASE, SO I HAVEN'T SEEN ONE SINCE I'VE BEEN HERE DON'T KNOW HOW LONG IT'S BEEN SINCE Y'ALL HAVE SEEN ONE BECAUSE THE COUNCIL HAS HAS DECIDED THAT WE WOULD RATHER DO THE PLANNED DEVELOPMENTS TO PDS, WHICH ALL HAVE THE DEVELOPMENT AGREEMENTS AND SO SOMEWHERE ALONG THAT LINE. THAT'S HOW THAT THAT PROCESS WAS WAS DECIDED.

BUT BUT NOW ESPECIALLY WHEN Y'ALL MENTIONED TO THEM. I DON'T KNOW THAT THEY ACTUALLY KNEW.

OBVIOUSLY NOT, UM, THAT Y'ALL NEVER SAW THOSE DEVELOPMENT AGREEMENTS AND SO THEY FELT LIKE THAT WAS IMPORTANT TO HAPPEN AND TELL MANAGER THOUGHT LIKE IT WAS IMPORTANT TO HAPPEN. BUT THAT MEANT NOW. GONNA BE A DRAFT INSTEAD OF THE FINAL VERSION, WHICH HAD NORMALLY BEEN THE CASE WHEN IT IT WENT TO COUNSEL AND IT'S OK. UM, WE DON'T MIND BUT IT WILL BE A DRAFT AND IT WON'T NECESSARILY BE THE FINAL VERSION BECAUSE IT'LL HAVE TO CHANGE IS ANYTHING CHANGES AS IT GOES THROUGH PM Z AND CO. FOR THE APPROVAL PROCESS. THAT MAKES SENSE. I WAS JUST GOING TO MAKE A COMMENT ON. UM YOU MENTIONED IN THEIR PRESENTATION THAT, UM THERE WAS VERY LITTLE WRITTEN AND MORE WAS OVERLAID IN THE PRESENTATION. AND I THOUGHT, UM, FROM TOWN CANALS. PERSPECTIVE JUST I THINK WE HAD THAT DISCUSSION ABOUT IT BEING IN WRITING. UM AS WE'RE APPROVING, UH, ZONING CHANGE FOR IT TO BE AS MUCH IN WRITING VERSUS A VISUAL BECAUSE WE NEED TO BE ABLE TO TIE THE WRITTEN DOCUMENT. WITH THE VISUAL DOCUMENTS. WELL YOU'LL HAVE A WRITTEN PART. THEY'RE GONNA SEND US THAT, BUT THEY'RE NOT GONNA READ IT TO YOU WHEN THEY'RE STANDING UP HERE DOING THE PRESENTATION. NO I KNOW. BUT YOU SAID THEY'RE TALKING ABOUT THERE WAS VERY LITTLE WRITTEN AND THAT SHE GAVE HIM OVERVIEW IN THE IN THE PRESENTATION, AND I'M SAYING THAT WE NEED TO HAVE AS MUCH OF IT WRITTEN AS FAR AS SO THAT THE DESIGN STANDARDS AND THAT SORT OF THING VERSUS JUST THE VISUALS. AND I GUESS I DIDN'T ANSWER THAT CORRECTLY, BUT WE WILL. THAT'S PART OF WHAT WE'RE GETTING THAT TO YOU. YOU KNOW THE CHANGES BECAUSE THE, UM YOU KNOW, THEY HEARD IT TOO. NOT ALL OF THEM, BUT THEY WERE PROBABLY FOUR OF THEM. AND THEY WERE EIGHT. HERE I GUESS THE ONES THAT DID THE MOST TALKING PREVIOUSLY THEY WERE THERE AT THE AT THE, UH, JOINT. THEY HEARD AND THEY GET IT. WELL, WE'LL SEE. APPRECIATE THE UPDATE ON THAT ANY OTHER QUESTIONS ON ANY TOPIC AT THIS POINT. I. I KNOW THE APPLICANTS GOT A LOT OF WORK TO DO. IN A SHORT AMOUNT OF TIME. SO IS THERE ANYTHING ELSE ON THAT AGENDA THAT YOU KNOW OF? NO, THERE'S NOTHING ON THE RADAR . THAT'S GONNA BE NOTICED BY NEXT FRIDAY TO MAKE IT IN TIME DID THE APPLICANT INDICATE THEY THOUGHT THEY COULD TURN EVERYTHING AROUND TO Y'ALL BY THE 14TH. OR THEY KNOW THE DEADLINE. YOU'LL FIND OUT, I GUESS ON THE 14TH, RIGHT? OK? YEAH, THAT'S RIGHT. THEY HAVE THE DEADLINE, SO IT'S IN THEIR HANDS SO YEAH. ALL RIGHT, WILL ANY OTHER COMMENTS FOR US ANYTHING ELSE? WELL, I APPRECIATE Y'ALL'S TIME AND, UH I GUESS AT THIS POINT, I'LL ENTERTAIN A MOTION TO ADJOURN THIS EVENING MOVE TO ADJOURN MOTION OF COMMISSIONER HAMILTON 2ND 2ND MULTIPLE SECONDS. COMMISSIONER HARRIS HEARD YOU FIRST, UH, TO ADJOURN ALL THOSE IN FAVOR TO ADJOURN. RAISE YOUR HAND. WE ARE ADJOURNED. 6 TO 0 TIME

* This transcript was compiled from uncorrected Closed Captioning.