Mar 18, 2025 Planning and Zoning Commission

[1. Call to Order / Roll Call.]

[00:00:05]

READY? YEAH. ALL RIGHT. GOOD EVENING. THIS IS THE REGULAR MEETING OF THE TUESDAY, MARCH 18TH, 2025. PROSPER PLANNING AND ZONING COMMISSION. THE MEETING IS CALLED TO ORDER AT 604. ALL COMMISSIONERS ARE NOT PRESENT. SO WE HAVE COMMISSIONERS PRESENT TONIGHT. DAMON JACKSON, JOHN.

HAMILTON, MATT FURIE, GLENN BLANCHETTE, THREE COMMISSIONERS, COMMISSIONER DANIELS, HARRIS AND CARSON INFORMED US EARLIER THAT THEY WOULDN'T BE HERE. THEY'RE ON VACATION FOR SPRING BREAK.

OUR ADDRESSING 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 ARE 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. STATE YOUR NAME AND ADDRESS FOR THE RECORD. ITEM NUMBER 302. PLEDGE OF ALLEGIANCE. MAY WE ALL STAND. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH HE STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. ITEM NUMBER THREE. CONSENT AGENDA. DO ANY

[CONSENT AGENDA]

[3f. Consider and act upon a request for a Preliminary Site Plan for an Administration building, Com-munity Center, and future Prosper ISD structures on Prosper ISD Administration Facility, Block A, Lot 1, on 53.3± acres, located on the east side of Lakewood Drive and 925± feet north of Uni-versity Drive. (DEVAPP-24-0129)]

GOOD AFTERNOON, COMMISSIONERS, CAN YOU HEAR ME? YEAH. OKAY. SO ITEM THREE F IS THE PRELIMINARY SITE PLAN FOR THE ADMINISTRATION ADMINISTRATIVE FACILITY ON BLOCK A LOT ONE. THEIR INTENT IS TO BUILD TWO STRUCTURES, ONE MAIN ADMINISTRATIVE BUILDING WITH A ANOTHER ANOTHER BUILDING FOR THAT FUTURE USE HAS NOT BEEN DETERMINED YET. AND COMMISSIONER HAMILTON, YOU HAD SOME QUESTIONS REGARDING THIS STRUCTURE. I HAD QUESTIONS REGARDING TRAFFIC FLOW INTO THE FACILITY. IF YOU COULD PULL UP THE MAP, I COULD SHOW YOU MY CONCERN. AS YOU KNOW, LIKE 380 IS GOING TO BE UNDER CONSTRUCTION PRETTY SOON. AND LAKEWOOD BOULEVARD, WHICH IS ON THE WEST SIDE OF THIS DEVELOPMENT, IS GOING TO BE A LIMITED ACCESS ROAD, SO YOU WON'T BE ABLE TO TURN LEFT IN OR OUT OF THAT AREA. AND CURRENTLY RICHLAND IS NOT CONNECTED ON THE WEST SIDE OR ON THE EAST SIDE, EAST AND NORTH SIDE. SO THERE'S NOT THE FLOW FROM RICHLAND TO GET FROM KUWAIT TO THIS BUILDING OR FROM THIS BUILDING UP TO FIRST STREET, WHERE IT EVENTUALLY CONNECT. THAT LEAVES REALLY DRIVING THROUGH THE NEIGHBORHOOD OF LAKEWOOD BRICK HALL AS A METHOD TO GET TO THIS

[00:05:03]

SO AS FAR AS THE. LIKE TO REACH OUT TO THE DEVELOPER AND JUST SEE IF THEY WANT TO PROVIDE US WITH A TRAFFIC ANALYSIS REPORT, OR YES, I DEFINITELY WOULD WANT TO MAKE SURE WE DO A TRAFFIC IMPACT ANALYSIS FOR THIS. AND ALSO. WANT THE ISD TO WORK WITH THE TOWN ON MAKING SURE THAT RICHLAND IS COMPLETED IN ORDER FOR THE TRAFFIC FLOW IN AND OUT OF THIS DEVELOPMENT. SO WOULD YOU LIKE FOR RICHLAND TO BE PRIORITY TO BE COMPLETED? YES, ABSOLUTELY.

ANY FURTHER QUESTIONS FROM COMMISSIONERS? YEAH, I WANT TO ASK THE QUESTION AGAIN ABOUT THE STORAGE TANK, THE PUMP HOUSE, THE LOCATION OF THAT BEING RIGHT NEXT TO LAKEWOOD, PROBABLY ONE OF THE. I'D LIKE TO HAVE SEEN THAT SOMEWHERE FARTHER BACK, HIDDEN ON HIDDEN ON THE PROPERTY SOMEWHERE. I'M TRYING TO GET A BETTER VIEW OF IT. YOU JUST PASSED IT? YEAH. RIGHT THERE.

THERE. BUT BUT HAVING ASKED THAT, WHAT CAN YOU DESCRIBE FOR ME THE LANDSCAPING THEY'RE PROPOSING TO PUT AROUND IT? OKAY. IF I COULD ZOOM IN. SO AS FAR AS THE, AS FAR AS THE LANDSCAPING AROUND WITH. WELL. THERE IS LANDSCAPING AROUND THE PUMP, THE PUMP HOUSE AS FAR AS WELL, THE ACTUAL THE ENTIRE FACILITY AS WELL, THERE'S A SLEW OF DIFFERENT TYPES OF.

EVERGREENS, DIFFERENT SHRUBBERY. AND I WISH WE'D HAD ANOTHER. BOW. THE NEXT THING I CAN'T ZOOM IN ON THIS TO SEE EXACTLY, YOU KNOW, ZOOM IN POWERPOINT, I DON'T THINK. YEAH, YOU'D HAVE TO TAKE IT OUT OF PRESENTATION MODE AND DIDN'T JUST BLOW IT UP IF YOU WANTED TO DO THAT. OH. THERE WE GO. AND THEN DOWN TO THE BOTTOM WHERE IT SAYS 110. THERE WE GO. AND THEN YOU CAN GO TO YOUR SLIDE. OKAY. NOW WE'RE ABLE TO SEE THE DIFFERENT TYPES OF. DIFFERENT TYPES OF DIFFERENT TYPES OF SCREENING. WE HAVE WAX MYRTLES TEXAS RED OAKS TEXAS MOUNTAIN LAURELS. REGARDING THAT PUMP HOUSE. THEN WE'LL USE THE WAX MYRTLES WITH THE MEXICAN PLUMS AND TEXAS REDBUDS AROUND THAT LOCATION IN PARTICULAR. WHAT'S THE HEIGHT OF THAT STORAGE TANK, DO YOU KNOW? THE HEIGHT OF THE STORAGE TANK? THE HEIGHT OF THE STORAGE TANK IS NOT SPECIFIED ON THE SITE PLAN. IS THAT A WALL AROUND IT? A WALL AROUND THE STORAGE TANK SURROUNDED BY SHRUBBERY, OR IS IT JUST THE SHRUBS? IT KIND OF LOOKS LIKE THERE'S A WALL. ALSO, JUST A SECOND, WE'LL GO DOWN.

I'M SEEING A WALL SURROUNDED BY THE SHRUBBERY. IT SHOWS A SIX FOOT FENCE. I'M NOT SURE IF IT'S A WALL, BUT IT'S THE KIND OF FENCE, SIX FOOT FENCE SURROUNDED BY SHRUBBERY. WHAT KIND OF IS

[00:10:04]

AND. HE HAS A QUESTION. OH. COMMISSIONER FUREY, I SEE YOU TAPPING. NO QUESTIONS. AND ALSO, I MIGHT ADD THE ACTUAL SITE PLAN IS IN REVIEW. AND SO MORE THAN LIKELY YOU'LL SEE THAT ON THE NEXT, THE NEXT NEXT MEETING. THANK YOU. GOOD. THAT'S IT I GUESS. ALL RIGHT. SO NO OTHER QUESTIONS. IF THERE'S NO OTHER QUESTIONS I'LL ENTERTAIN A MOTION. OKAY. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM THREE F AND REQUESTING THAT A TRAFFIC IMPACT ANALYSIS BE COMPLETED ON THIS PROJECT. ANYBODY WANT SOMETHING WITH THE LANDSCAPING SINCE YOU TALKED ABOUT IT? NO. IT ALSO JUST THE COOPERATION BETWEEN THE ISD AND THE TOWN. ON COMPLETING RICHLAND. OKAY. AND THE TIA WOULD NEED TO BE COMPLETED PRIOR TO WHEN. WHEN WOULD THAT WHEN WOULD THE APPROPRIATE TIME FOR THAT BE? DAVID. PRIOR TO CONSTRUCTION? YES. SO JUST MAKE THAT PART OF THE MOTION THAT THE TIA IS COMPLETED PRIOR TO CONSTRUCTION CAN MAKE THAT THE TIA COMPLETED PRIOR TO CONSTRUCTION. COMMISSIONER HAMILTON, IF I COULD JUST MAKE A COMMENT, I THINK WE SHOULD APPROVE IT SUBJECT TO RATHER THAN SIMPLY ADDING A REQUEST.

WOULD THAT BE RIGHT? DAVID? YES, IT WOULD BE A CONDITION OF YOUR APPROVAL. IS THAT THAT IS DONE? YES. SO MOVED. ALL RIGHT. I'LL SECOND. ALL IN FAVOR. ALL RIGHT. SO ALL IN FAVOR RAISE YOUR HAND.

MOTION CARRIES THREE TO WITH 3 TO 1. ALL RIGHT. ITEM NUMBER FOUR. CAN I JUST LET ME JUST STATE MY IN AS THEY PREPARE FOR THAT FINAL SITE PLAN? MY OBJECTION RIGHT NOW IS THAT THE LOCATION OF THAT STORAGE TANK, I THINK THERE COULD BE SOME BETTER. WE NEED WE NEED BETTER ANSWERS ON THAT. AND SO AS THEY CONSIDER THE SITE PLAN, I THINK THAT'LL STILL BE A FINAL SITE PLAN. I THINK THAT'LL STILL BE AN ISSUE. GOOD POINT. ALL RIGHT. THANK YOU. JUST POP IT BACK INTO PRESENTATION MODE. PRESENTATION MODE DOWN THERE AT THE BOTTOM. YEAH A LITTLE. IT'S THE FOURTH ONE. YEP. NOPE. ONE MORE. OOPS. YOU HAVE TO HIT ESCAPE NOW. OH NO. IT'S DOWN AT THE BOTTOM ALL THE WAY AT THE END. ALL THE WAY TO YOUR RIGHT. NOPE. YEP. THAT ONE. IT'S BEEN A WHILE. SINCE.

[CITIZEN COMMENTS]

[00:15:01]

YOU KNOW, WE HAVE LED TECHNOLOGY THAT PUT OUT USE FIVE WATTS, BUT PUT OUT LOTS OF ROOMS. IN FACT, ONE I COULD ONE FLOODLIGHT I HAVE AT HOME, 1300 LUMENS. THAT'S PRETTY BRIGHT. THAT'S A FLOOD. BUT IT ONLY USES FIVE WATTS. SO THAT'S OUT OF DATE. THAT SHOULD BE UPDATED, SHOULD NOT MEASURE THE LIGHTING WITH A POWER RATING, BUT LUMENS OR FOOT CANDLES AS IS DONE IN THROUGHOUT THE THROUGHOUT THE ORDINANCE. AND THE MAXIMUM IS A QUARTER OF A FOOT POUND FOR LIGHTING THAT IS BETWEEN HOUSES. OKAY, I HAVE A SITUATION WHERE I, MY NEIGHBOR, HAS A LED MOTION DETECTOR LIGHT THAT PUTS OUT 0.3 FOOT CANDLES. THE MAXIMUM IS 0.25, SO IT'S ABOVE THE MAXIMUM.

THE OTHER THING IS IT'S A MOTION DETECTOR. IT'S A MOTION DETECTOR BETWEEN LIGHT BETWEEN HOUSES. IN FACT ONE ONE OF THE LIGHTS GOES TO MY BACK BEDROOM WINDOW. OKAY. SO HE ERECTED A HOUSE, A SEPARATE DWELLING IN THE BACKYARD AND PUT IN ONE OF THOSE RING MOTION DETECTORS WITH A CAMERA, BY THE WAY. AND THAT LIGHTS UP MY BACK BEDROOM WINDOWS, MY GUEST BEDROOM WINDOW AND MY MASTER BEDROOM WINDOW. BOTH ARE LIT UP. AND THOSE ARE THE 2.29.3 RATING. YEAH, I'VE MEASURED IT WITH A, YOU KNOW, LIGHT METER. SO THAT NEEDS TO BE CORRECTED. SHOULD NOT MEASURE BY POWER RATING BUT BY FOOT CANDLES. QUARTER OF A FOOT CANDLE BETWEEN HOUSES, HALF. IF IT'S FACING THE SAME WAY YOU HAVE EVERY IN EVERY OTHER SECTION IN THE ORDINANCES, IF IT'S FACING THE STREET AND THE MOTION DETECTOR, THE MOTION DETECTOR. EXEMPTION SHOULD NOT EXIST FOR BETWEEN HOMES OR IN THE BACK OF A HOME. I MEAN, IF YOU WANT TO HAVE IT TO THE FRONT OF THE HOUSE, THAT'S SOMETHING DIFFERENT. BUT THIS IMAGINE HAVING A LIGHT GOING. IT'S WINDY RIGHT NOW. WE HAVE LOTS OF WIND, RIGHT? IMAGINE HAVING LIGHT COMING IN YOUR BACK BEDROOM WINDOW ALL NIGHT, FLASHING ON AND OFF AND, YOU KNOW, PRETTY BRIGHT. OKAY, IT'S LEDS AND THIS IS WHAT IT LOOKS LIKE. ALL NIGHT LONG. OKAY, I'M NOT GETTING ENOUGH SLEEP. I'LL TELL YOU RIGHT NOW. AND I'VE HIRED A LAWYER TO ADDRESS SOME OF THIS STUFF WITH MY HOA, BECAUSE THAT'S ACTUALLY A CONTRACT VIOLATION WITH THE DEED RESTRICTIONS. OKAY. BUT ALSO, I DON'T WANT ANYONE TO HIDE BEHIND THESE ORDINANCES AND SAY, WELL, YOU KNOW, THE TOWN ALLOWS IT BECAUSE YOU'VE ALSO ALLOWED THE BUILDING PERMIT TO GO THROUGH. SO WE DON'T WE AND THIS IS NOT JUST FOR ME. THIS IS FOR EVERYBODY ELSE IN PROSPER DENSITY HOW DWELLING DENSITY IS GOING UP. WE'RE NOT, YOU KNOW, FARMING COMMUNITY ANYMORE. I LIVE I MOVED HERE TEN YEARS AGO AND IT WAS A WHOLE LOT DIFFERENT BACK THEN. RIGHT. SO I THINK THIS IS A GLOBAL CONCERN, A TOWN CONCERN, NOT JUST MY CONCERN. SO TWO THINGS 75 WATT POWER RATING OUT. MEASURE IT BY LOOMS OR FOOT CANDLES. LIKE EVERY PLACE ELSE IN OUR ORDINANCES AND MOTION DETECTOR EXEMPTION. YOU GOT TO BE SPECIFIC ABOUT THAT. IF IT'S TOWARD THE STREET. YEAH, WE COULD UNDERSTAND THAT. BUT NOT BETWEEN HOMES, NOT TOWARD THE BACK OF A HOME. THAT'S RIDICULOUS BECAUSE THERE IS NO SECURITY CONCERN COMING OUT OF MY BACKYARD. YOU KNOW, I LIVE AT WHITNEY PLACE. SO DID I TELL YOU

[00:20:02]

I APPRECIATE YOU SPEAKING. AND AS DULY NOTED. THANK YOU, THANK YOU. DO WE HAVE ANY OTHER CITIZENS? I'D LIKE TO MAKE A COMMENT. PLEASE STATE YOUR NAME, YOUR ADDRESS AND. HI, MY NAME IS KELLY BATTY. I LIVE AT 520 MARBELLA DRIVE. I'VE BEEN A RESIDENT OF PROSPER FOR ABOUT TEN YEARS NOW, AND I'M HERE TO EXPRESS MY OPPOSITION FOR THREE D AND THREE E. FIRST AND FOREMOST, THE ADDITION OF WHAT WE NOW DETERMINE IS A GROCERY STORE, AKA THE PROSPER MARKET SLASH LASEMA SPICE HUT AT THIS LOCATION WOULD BE DETRIMENTAL TO THE SURROUNDING NEIGHBORHOOD.

THERE HAS ALREADY BEEN AN EXTENSIVE AMOUNT OF COMMERCIAL DEVELOPMENT IN THE AREA, PARTICULARLY NEAR THE ENTRANCE. THIS PROPOSED PROJECT WILL ONLY EXACERBATE THE EXISTING TRAFFIC AND SAFETY ISSUES IN THE VICINITY. THE INTERSECTION NEAR LAKES OF LASEMA SEES REGULAR VEHICLE ACCIDENTS, OFTEN ON A WEEKLY BASIS, CREATING AN ONGOING CONCERN FOR RESIDENTS.

IN FACT, REMNANTS FROM A RECENT ACCIDENT, INCLUDING A DOWNED LIGHT POLE, ARE STILL VISIBLE IN THE MEDIAN TODAY. MOREOVER, THE PROPOSED GROCERY STORE SITE IS SITUATED DIRECTLY NEXT TO THE GODDARD DAYCARE CENTER. THIS RAISES SERIOUS SAFETY CONCERNS FOR THE CHILDREN AND FAMILIES UTILIZING THE DAYCARE, AS WELL AS FOR THE BROADER COMMUNITY. ADDITIONALLY, THIS LOCATION IS VERY CLOSE TO THE NEIGHBORHOOD POOL, WHICH IS A POPULAR SPOT FOR FAMILIES AND CHILDREN. THE INCREASED TRAFFIC AND ACTIVITY AROUND THE PROPOSED STORE WOULD LIKELY ELEVATE SAFETY RISKS FOR THOSE USING THE POOL, AS WELL AS THOSE AT THE DAYCARE CENTER. LATE NIGHT ACTIVITY ASSOCIATED WITH GROCERY STORES LIKE THIS OFTEN INCLUDES LOITERING IN THE PARKING LOT, WHICH TENDS TO BE DOMINATED BY LARGE GROUPS OF PEOPLE. THIS PRESENTS A SIGNIFICANT SAFETY CONCERN FOR THE RESIDENTS OF LAKESIDE LASEMA, PARTICULARLY IN THE LATER HOURS. LASTLY, THE PROPOSED DEVELOPMENT HAS THE POTENTIAL TO NEGATIVELY AFFECT PROPERTY VALUES IN THE NEIGHBORHOOD. ANY COMMERCIAL ESTABLISHMENT AT THIS LOCATION, BUT PARTICULARLY ONE WITH THESE LATE HOURS, IS ASSOCIATED SAFETY CONCERN. IT IS LIKELY TO DETRACT FROM THE DESIRABILITY OF OUR COMMUNITY. FOR ALL OF THESE REASONS, I URGE YOU TO PLEASE REJECT THE PROPOSED ZONING CHANGE AND TO PRIORITIZE THE SAFETY AND WELL-BEING OF THE LAKES OF LASEMA RESIDENTS. THANK YOU, THANK YOU. ANY OTHER CITIZENS WOULD LIKE TO MAKE A COMMENT? OKAY, WELL, WE CAN MOVE

[Items 3d & 3e]

OKAY. GOOD EVENING. COMMISSION. GOOD EVENING. SO THIS ITEM IS LOCATED ON THE NORTHWEST CORNER OF LASEMA BOULEVARD AND RICHLAND BOULEVARD. THE PURPOSE OF THIS IS TO CONSTRUCT A 29,513 SQUARE FOOT RETAIL BUILDING WITH A GROCERY STORE AND ASSOCIATED PARKING. JUST SOME BACKGROUND ON THIS AREA. THE ZONING THAT EXISTS CURRENTLY IS PLANNED DEVELOPMENT TWO AND SOME OF THE PERMITTED USES, AS YOU GUYS RECALL FROM A COUPLE OF WEEKS AGO, THERE'S A LITANY OF THESE, BUT THE ONES TODAY ARE THE GROCERY STORE AND SUPERMARKETS. THOSE ARE BY RIGHT. AND THE RETAIL STORES AND SHOPS ARE PERMITTED BY RIGHT IN THIS PD, THE DEVELOPMENT PROCESS OF HOW WE'VE GOT HERE, THE HISTORY OF THIS. SO THE ZONING LIKE I MENTIONED EARLIER IS PLANNED DEVELOPMENT TWO. THIS WAS APPROVED BACK IN MAY OF MAY 9TH OF 2000. THE PRELIMINARY SITE PLAN AND CONVEYANCE PLAT. THE PRELIMINARY SITE PLAN WAS APPROVED MAY 15TH, 2018 AND THE ASSOCIATED CONVEYANCE PLAT WAS APPROVED MARCH 2ND OF 2021. AND THE SURROUNDING AREA. THE RESIDENTIAL AREA, LAKES OF LASEMA. ALL PHASES OF THAT WERE APPROVED ON OR AFTER AUGUST 9TH OR AUGUST 19TH. EXCUSE ME. 20, 2003. SO YOU CAN SEE THE SITE PLAN HERE. AND THAT IS IT. SO I WILL TAKE ANY QUESTIONS THAT THE COMMISSION HAS FOR ME. SHOULD WE USE, DO WE DO THREE D AT THREE TOGETHER? DAVID. SO JUST GO THROUGH THAT ONE TOO OKAY OKAY OKAY. SO THREE E IS THE ASSOCIATED FINAL PLAT FOR THIS DEVELOPMENT. THE LOCATION MAP AGAIN. AND THE PURPOSE OF THIS

[00:25:04]

AND LASEMA IS A NO NO TRUCK ROAD. SO TRAVELING IN AND OUT OF THIS FOR A COMMERCIAL DEVELOPMENT COULD BE PROBLEMATIC. YEAH. AND IF THE COMMISSION SEES FIT LIKE MUCH LIKE THE LAST ITEM, YOU GUYS CAN REQUIRE A TRAFFIC IMPACT ANALYSIS PRIOR TO THE APPROVAL OF THE BUILDING PERMIT. ALL RIGHT. SO THEY'D HAVE TO BE WE COULD DO IT SO THAT IT HAS TO BE THE TRAFFIC IMPACT ANALYSIS NEEDS TO BE COMPLETED AND APPROVED PRIOR TO THIS BEING APPROVED, PRIOR TO THE BUILDING PERMIT BEING APPROVED FOR THIS. MR. PERRY. SO IF I'M LOOKING AT THIS DIAGRAM AND THIS IS PARTIALLY JUST CURIOSITY, BUT IT LOOKS LIKE THERE'S TWO RETAIL SPACES, RIGHT? SAY THAT TO IT LOOKS LIKE THERE'S TWO DIFFERENT. IT WOULD BE TWO TENANTS. IT'S NOT JUST ONE GROCERY STORE CORRECT. OH YES. SO THERE IS A SO THERE'S THE GROCERY STORE COMPONENT AND THERE'S ALSO A RETAIL COMPONENT WITH THIS. WE DO NOT KNOW THE SPECIFIC RETAILERS, BUT THE GROCERY STORE COMPONENT IS GOING TO BE A SPY SITE.

I THINK HE MIGHT HAVE A FOLLOW UP. DO YOU HAVE A FOLLOW UP QUESTION? I DON'T. WHAT'S THAT? YOU HAVE SOMETHING? WELL, YES, IN LIGHT OF THAT. SO IF I'M LOOKING AT THIS BUILDING THEN SO THERE'S THE, THE, THE. THIS THERE'S A SMALLER SPACE AND A LARGER SPACE. THE LARGER SPACE IS THE ARE THE TWO PARTS AT THE TOP. IS THAT RIGHT? YES. AND IS THAT THE GROCERY STORE. THAT'S THE GROCERY COMPONENT. YES. YOU SAID THAT'S A SPICE HUT. AND WE DON'T KNOW THE RETAIL TENANT FOR THE LOWER. NOT AT THIS TIME. I REACHED OUT TO THE ENGINEER TODAY AND THEY SAID THEY KNEW THE SPY SITE, BUT THEY DIDN'T KNOW WHO THAT RETAIL TENANT WOULD BE CURRENTLY. OKAY. HAVE.

AND SO AND THERE HASN'T BEEN A TRAFFIC IMPACT ANALYSIS DONE. NOT TO THIS DAY. NO. THE ONE OF THE CONCERNS OF COURSE, BEING MORE TRAFFIC AND THAT THERE'S A LOT OF ACCIDENTS ALONG THIS ROAD. CAN YOU TELL ME A LITTLE BIT ABOUT THE HISTORY OF ACCIDENTS ON THIS ROAD? IS THERE DOES THIS ROAD ON LASEMA HAVE I'M SURE THERE'S ACCIDENTS. THERE'S ACCIDENTS ON EVERY ROAD HERE. BUT IS THERE AN EXCESSIVE AMOUNT OF ACCIDENTS ON THIS ROAD? MORE THAN ANY OTHER PLACES? FROM WHAT WE'VE DISCUSSED WITH THE POLICE DEPARTMENT AND THEIR TRACKING DATA FOR THIS, THERE IS NOT AN EXCESSIVE AMOUNT OF ACCIDENTS OR ROADWAY AFFAIRS IN THIS AREA.

OKAY, SO THERE'S NOTHING UNUSUAL HERE CURRENTLY THAT HASN'T IN ANY OTHER ROAD. OKAY. THAT'S CORRECT. AND THEN DID WE GET ANY FEEDBACK? WERE THERE ANY OBJECTIONS OR FEEDBACK FROM THE DAY SCHOOLS THAT THAT ARE HERE BY? NO, WE HAVE NOT RECEIVED ANY OPPOSITION FROM THE GODDARD SCHOOL TO THE NORTH. OKAY. THANK YOU. AS IT RELATES TO THE TRAFFIC IMPACT ANALYSIS GENERALLY. SO WHEN WE'RE RUNNING INTO THESE SITUATIONS AND IT'S ON BOTH OF THE BOTH OF THESE, THE SCHOOL DISTRICT PROPERTY AND THIS ONE WHERE ROADS AREN'T DONE YET, ARE THEY LOOKING AT IT AT PRESENT. AND WHEN THE ROADS ARE COMPLETED LIKE PROJECTING WHEN THE ROADS ARE DONE, WHAT THE

[00:30:03]

OKAY. THANK YOU. WHAT? THE ROADS HERE ARE BUILT ALL AROUND THIS, RIGHT. RICHLAND IS ALREADY BUILT TO THE SOUTH AND THE SAME IS COMPLETE ON THE ON THE. SO LASEMA IS BUT RICHLAND RICHLAND DOESN'T CONNECT ANYTHING RICHLAND ON THE SOUTH OF THAT IS NOT RICHLAND IS THERE. BUT IT DOESN'T GO ANYWHERE I YES I UNDERSTAND THAT OKAY. ALL RIGHT. RIGHT I UNDERSTOOD THAT. BUT THERE IS THE ROAD THERE. THANKS. ANY OTHER QUESTIONS ON THIS ONE. I JUST WANT TO GO ON RECORD THAT WE DID GET RECEIVE A SLEW OF EMAILS, NOTIFICATIONS FROM THE RESIDENTS IN LASEMA. I RECEIVED QUITE A FEW MYSELF TO MY PROSPER TOWN EMAIL ADDRESS. SO I JUST WANT TO MAKE SURE THAT THAT'S DULY NOTED IN THIS IN HERE. SO AT THIS POINT IN TIME, I'LL TAKE A MOTION. RIGHT. DO WE HAVE THE ABILITY TO TABLE THIS ITEM UNTIL A TRAFFIC IMPACT ANALYSIS HAS BEEN COMPLETED? YEAH. I MEAN, YOU GUYS ARE WITHIN YOUR JURISDICTION TO DO THAT. YES. OKAY. FOR THE PRELIMINARY SITE PLAN, TECHNICALLY YOU COULD, BUT THE FOR US TO REACH THE TRAFFIC IMPACT ANALYSIS, THAT WOULD BE SOMETHING THAT WOULD AGAIN BE DONE AT A LATER POINT IN THE DEVELOPMENT PROCESS. IS THAT CORRECT? DAVID. YES. IT'S TYPICALLY DONE. AND ONCE WITH POINT LIKE THIS. WE'VE ALREADY BEEN THROUGH ZONING PRELIMINARY SITE PLAN. AND WHEN WE GET TO THE SITE PLAN PROCESS, THAT'S WHEN WE'D FIGURE OUT WHAT THE CONSTRUCTION WOULD NEED TO BE IF ANYTHING NEEDS TO BE DONE. AS FAR AS IMPROVEMENTS TO INTERSECTIONS AND SUCH. AND THE ROADS ALREADY THERE AND DECEL LANES ALREADY THERE, IT MAY CHANGE. YOU KNOW HOW THE CONFIGURATION IS, BUT BUT WE WOULDN'T KNOW THAT UNTIL THE TIA IS ACTUALLY PERFORMED. AND THAT WOULD BE DONE PRIOR TO THE CONSTRUCTION. IT WOULDN'T CHANGE THE SITE PLAN OF THE BUILDING. IN OTHER WORDS. BUT BUT IF I AM CURIOUS ABOUT THIS, IF THE IF THE TIA SHOWS A NEGATIVE IMPACT THAT NECESSARILY CAN'T BE FIXED, I MEAN, THERE'S NOTHING WITHOUT BUILDING SIX LANES OR, YOU KNOW, TEN LANES OR WHATEVER, BUT SOMETHING IF IT SHOWS A NEGATIVE IMPACT, HOW WHAT HAPPENS THEN IF WE'VE APPROVED IT SUBJECT TO THAT? WELL, WHAT DOES THAT WHAT DOES THAT MEAN? THE TIA, IF THERE WERE CRITERIA THAT CAME ABOUT AS A RESULT OF THAT TIA BEING PERFORMED, SAY THERE WERE THREE THINGS ON THE LIST.

WHATEVER THOSE THREE THINGS HAPPENED TO BE, THEY WOULD HAVE TO BE MITIGATED AND THEY WOULD HAVE TO BE ADDRESSED TO WHERE THEY WERE NO LONGER A NEGATIVE IN ORDER FOR IT TO BE BUILT.

YEAH. PRIOR TO THE BUILDING PERMITS BEING ISSUED, THEY'D HAVE TO FIX WHATEVER IS IDENTIFIED IN THE TRAFFIC IMPACT ANALYSIS, SO THEY WOULDN'T BE ABLE TO START CONSTRUCTION UNTIL THOSE ISSUES WERE ADDRESSED. AND DIFFERENT COMPONENTS, DIFFERENT USES HAVE DIFFERENT TRAFFIC PATTERNS. AND IN OTHER WORDS, I'M NOT SUGGESTING THAT IF IT WAS A. CERTAIN FAVORITE CHICKEN RESTAURANT THAT PEOPLE LIKE IS GOING TO GENERATE A WHOLE LOT MORE TRAFFIC THEORETICALLY THAN IF IT WAS A VET CLINIC OR WHAT HAVE YOU. AND SO THOSE, WHATEVER THE PARTICULAR USE IS, IS GOING TO BE ADDRESSED BY THE TIA. THERE ARE CERTAIN VOLUMES OF TRAFFIC THAT ARE ANTICIPATED, DEPENDING UPON THE USE THAT HAS TO BE ABLE TO BE HANDLED BY THE ROAD AND THE CONFIGURATIONS OF THE ROAD. PERHAPS THE SIGNALS AT 380 AND LASEMA MAY HAVE TO BE ADJUSTED TO, TO ACCOUNT FOR TRAFFIC FLOW. ALL THOSE THINGS ARE PART OF THE TIA, AND IT HAS TO BE ADDRESSED AND SATISFIED BEFORE THE BUILDING PERMITS WOULD BE ISSUED. BUT SO IT'S NOT A WELL, YOU KNOW, WE CAN'T DO IT KIND OF THING. YOU HAVE TO DO IT. IF IT CAME BACK THAT RICHLAND NEEDED TO BE COMPLETED, IT'S COMPLETED TO THE SOUTH OF THIS DEVELOPMENT. BUT RIGHT NOW, RICHLAND DOES NOT CONNECT TO ANY OTHER. THOROUGHFARES TO KIND OF KEEP THE TRAFFIC FLOWING. SO HOW WOULD THAT SOMETHING LIKE THAT BE MITIGATED IF THAT'S WHAT THE TIA SAID NEEDED TO OCCUR, THAT WOULD HAVE TO BE BUILT THAT THAT'S PART OF THE DEVELOPMENT PROCESS. IT'S SIMILAR TO ANY OTHER TYPE OF DEVELOPMENT GOES

[00:35:04]

THEIR CO, I GUESS. AND THAT IS SOMETHING THAT THAT Y'ALL CAN DETERMINE. WE DO BOTH. THERE ARE SOME TIMES WHEN WE WILL ALLOW THAT TO BE COMPLETED PRIOR TO A CO OCCURRING, BUT GENERALLY SPEAKING, IT MAKES MORE SENSE TO DO IT AT THE BEGINNING OF THE PROCESS SO YOU CAN HAVE IT COMPLETED AT THE SAME TIME. OTHERWISE YOU HAVE YOUR BUILDING BUILT AND THEN YOU CAN'T MOVE INTO IT BECAUSE YOU HAVEN'T COMPLIED TO THE. THAT'S WHY I WAS ASKING THE QUESTION, BECAUSE I ASKED ABOUT TABLING THIS ITEM UNTIL THE TIA WAS DONE AND I AND I THOUGHT WHAT I THOUGHT I HEARD WAS THAT THE TRAFFIC IMPACT ANALYSIS WOULD BE DONE AFTER THE BUILDING WAS CONSTRUCTED, BUT BEFORE THEY RECEIVE OCCUPANCY PERMIT. IF I DID SAY THAT, THEN I SAID IT BACKWARDS BECAUSE LIKE I SAID, IT DOESN'T MAKE SENSE TO DO IT AT THE END BECAUSE YOU'RE SITTING THERE WITH A LOT OF MONEY THAT YOU JUST SPENT ON A BUILDING THAT YOU CAN'T USE, BECAUSE WE'RE NOT GOING TO LET YOU. SO IT NEEDS TO BE DONE PRIOR TO THE PERMIT BEING ISSUED. AND THEN THAT WAY THE IMPROVEMENTS CAN BE DONE AT THE SAME TIME AS THE CONSTRUCTION IS BEING DONE OR BEFORE. I MEAN, THAT'S UP TO INDIVIDUALS. SOMETIMES YOU HAVE TO DO THE ROAD FIRST BECAUSE YOU CAN'T GET TO IT AS FAR AS CONSTRUCTION IS CONCERNED. BUT IF THE IMPROVEMENTS ARE TO ADJUST FOR THE TRAFFIC, NOT NECESSARILY THE CONSTRUCTION TRAFFIC, BECAUSE THAT'S OBVIOUSLY GOING TO BE MUCH LESS, AT LEAST HOPEFULLY FOR THE BUSINESS PERSPECTIVE, THE CONSTRUCTION TRAFFIC IS GOING TO BE A LOT LESS THAN THE BUSINESS TRAFFIC THAT'S GENERATED. THEN THERE MAY BE AMPLE ACCESS AS FAR AS THE CONSTRUCTION PART IS CONCERNED, BUT NOT AS FAR AS AS THE CUSTOMER BASE IS CONCERNED. AND ALL OF THAT IS DETERMINED WITH THE TIA. AND LET ME JUST JUMP IN. I WANT TO CORRECT SOMETHING I SAID EARLIER WHEN I LOOKED BACK OVER THIS, THE TOWN ZONING ORDINANCE, THIS WE DO NOT HAVE THE AUTHORITY TO TABLE A SITE PLAN. WE CAN EITHER APPROVE, CONDITIONALLY APPROVE OR DENY A SITE PLAN APPLICATION. SO THOSE ARE OUR THREE CHOICES TONIGHT.

OH, GOTCHA. I WAS I MUST HAVE BEEN LOOKING AT THE PRELIMINARY. YEAH I WAS YEAH. SO WE WOULD IF THIS WAS JUST A PRELIMINARY SITE PLAN, WE WOULD HAVE THE AUTHORITY TO TABLE IT. BUT BECAUSE THIS IS THE KIND OF THE FINAL SITE PLAN, WHAT WE JUST CALL A SITE PLAN, WE DON'T HAVE THAT AUTHORITY. ANY OTHER QUESTIONS? I'VE GOT A COUPLE VERY QUICKLY. SO DAVID, JUST TO CLARIFY, WOULD A TRAFFIC IMPACT ANALYSIS BE COMPLETED IF WE DIDN'T MAKE IT A CONDITION OR IS THAT ONLY GOING TO HAPPEN IF WE CONDITION OUR APPROVAL OF THE SITE? PLAN ON THAT TRAFFIC IMPACT ANALYSIS. WE HAVE THE ABILITY TO REQUIRE IT, AND I WON'T TELL YOU WE REQUIRE THEM 100% OF THE TIME. BUT I WILL TELL YOU, ANY TIME WE HAVE ANY DOUBT WHATSOEVER, WE WILL REQUIRE THEM. AND UNDER THE CIRCUMSTANCES AT THIS LOCATION, MY ANSWER WOULD BE YES, WE WOULD

[00:40:07]

CORRECT? CORRECT. YES. FOR 3D. YEAH. OKAY. I WILL MAKE A MOTION THAT WE APPROVE. AGENDA ITEM THREE D SUBJECT TO THE COMPLETION OF A TRAFFIC TRAFFIC IMPACT ANALYSIS PRIOR TO ISSUING OF THE BUILDING PERMIT. DO WE HAVE A SECOND? MAY I, MAY I CLARIFY THE FOR BUILDING PERMIT? I THINK IT OUGHT TO BE BEFORE CONSTRUCTION BEGINS. THAT'S THE SAME THING. OKAY. IS THERE ANY DISTINCTION? IS THERE A DISTINCTION? I WOULD HAVE THOUGHT THERE WAS. THERE ACTUALLY IS A SLIGHT DISTINCTION. IT'S SUBTLE. YOU CAN GET A BUILDING PERMIT, BUT IT HAS AN EXPIRATION DATE. YEAH. AND SO I, I WOULD, WOULD SAY THE BUILDING PERMIT BECAUSE THEY COULD GET THE PERMIT. THEY DON'T DO IT AND THEN START ALL OVER AGAIN. WHEREAS CONSTRUCTION YOU KNOW ONCE THAT STARTS AS LONG AS IT'S MOVING, WE DON'T HAVE A TIMELINE ON THE CONSTRUCTION SIDE OF THE EQUATION. SO I WOULD SUGGEST PERMITTING THEN I WOULD SECOND THE MOTION. SO WE HAVE A MOTION TO SAY IT ONE MORE TIME, A MOTION TO APPROVE AGENDA ITEM THREE D SUBJECT TO THE COMPLETION OF A TRAFFIC IMPACT ANALYSIS PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. AND WE HAVE A SECOND FROM COMMISSIONER BLANSETT. ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER, CONTINGENT ITEM NUMBER THREE. D PLEASE RAISE YOUR HAND. MOTION CARRIES 3 TO 1. ITEM NUMBER THREE. OR DO YOU WANT ME TO RUN THROUGH THE PRESENTATION OF THAT AGAIN OR YOU GUYS JUST GOING TO VOTE. NO. WE CAN JUST VOTE ON IT. SO FOR THIS ONE HERE, IS IT THE SAME DAVID THAT WAS AS FAR AS THE VOTING. THIS ONE'S JUST THE PLAT FOR THE EASEMENTS. AND SO IT'S NOT REALLY DEPENDENT UPON THE OTHER OKAY. MEANING THAT THE TIA BECAUSE DOESN'T HAVE ANYTHING TO DO WITH THAT.

OKAY. WELL THEN I'LL ENTERTAIN A MOTION FOR ITEM THREE E. I MOVE, WE APPROVE ITEM THREE E. DO WE HAVE A SECOND? SECOND? ALL THOSE IN FAVOR, RAISE YOUR HAND. MOTION CARRIES THREE ONE. ALL RIGHT. CLARIFY YOUR VOTE IN OPPOSITION TO THAT. YES. MINE IS IN OPPOSITION TO THREE AND THREE. THREE D AND THREE E, JUST BASED OFF OF ALL OF THE COMMENTS I RECEIVED AND JUST EVERYTHING ELSE THAT'S BEEN SAID, I DON'T FEEL COMFORTABLE. SO. YEAH. YEP. OPPOSE. NO. YEAH. I'M OPPOSED.

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

OR WE'LL DO THAT AND THEN WE'LL SAY APRIL FOOLS. IT IS THE FIRST. ANY OTHER QUESTIONS FOR TOWN STAFF? ALL RIGHT. ITEM NUMBER FIVE. ADJOURNMENT. DO WE DO WE HAVE A MOTION. DO WE NEED

[00:45:12]

MEETING

* This transcript was compiled from uncorrected Closed Captioning.