[00:00:01] EVERYONE READY? ALRIGHT. GOOD EVENING AND WELCOME TO THE NOVEMBER 4TH, 2025. [1. Call to Order / Roll Call.] PROSPER PLANNING AND ZONING COMMISSION REGULAR MEETING. THE MEETING IS CALLED TO ORDER AT 06:03 P.M.. PLEASE NOTE FOR THE RECORD THAT ALL COMMISSIONERS ARE PRESENT, WITH THE EXCEPTION OF COMMISSIONER CARSON, WHO NOTIFIED US EARLIER OF HIS ABSENCE. ADDRESSING THE COMMISSION, CITIZENS AND OTHER VISITORS ATTENDING PLANNING AND ZONING COMMISSION MEETINGS SHALL OBSERVE THE SAME RULES OF PROPRIETY, DECORUM AND GOOD CONDUCT APPLICABLE TO MEMBERS OF THE COMMISSION. ARE WE GOING TO MOVE THIS? ALRIGHT. THANK YOU. ANY PERSON MAKING PERSONAL, IMPERTINENT, PROFANE OR SLANDEROUS REMARKS, OR WHO BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION OR WHILE ATTENDING THE MEETING, SHALL BE REMOVED FROM THE ROOM, IF SO DIRECTED BY THE COMMISSION OR PRESIDING OFFICER, AND THE PERSON SHALL BE BARRED FROM FURTHER ATTENDANCE BEFORE THE COMMISSION DURING THAT SESSION OF THE MEETING. DISRUPTION OF THE PUBLIC MEETING COULD CONSTITUTE A VIOLATION OF SECTION 42.05 OF THE TEXAS PENAL CODE. THE NEXT ITEM ON THE AGENDA IS ITEM NUMBER TWO, THE PLEDGE OF ALLEGIANCE. IF EVERYONE WILL PLEASE RISE AND JOIN ME IN THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU. OUR NEXT ITEM ON THE AGENDA IS THE CONSENT AGENDA. [CONSENT AGENDA] ITEMS PLACED ON THE CONSENT AGENDA ARE CONSIDERED ROUTINE IN NATURE AND NON-CONTROVERSIAL CONTROVERSIAL. THE CONSENT AGENDA CAN BE ACTED UPON IN ONE MOTION. ITEMS MAY BE REMOVED FROM THE CONSENT AGENDA AND THE AGENDA AT THE REQUEST OF PLANNING AND ZONING COMMISSION OR STAFF. AT THIS TIME ON OUR CONSENT AGENDA. I WILL ASK IF WE HAVE ANY ITEMS THAT YOU GUYS WOULD. THE COMMISSIONERS WOULD LIKE TO BE PULLED AT THIS TIME. IF NOT I WOULD ENTERTAIN A MOTION TO APPROVE CONSENT AGENDA ITEMS A THROUGH G. I'D LIKE TO MAKE A MOTION TO APPROVE CONSENT AGENDA ITEMS THREE THROUGH THREE. G WE HAVE A MOTION FROM THE FLOOR FROM COMMISSIONER HAMILTON. FOR APPROVAL OF CONSENT. AGENDA ITEMS THREE 8 TO 3 THREE G. DO WE HAVE A SECOND? WE HAVE A SECOND FROM COMMISSIONER BLANSETT. ALL THOSE COMMISSIONERS IN FAVOR OF APPROVING CONSENT AGENDA ITEMS THREE EIGHT THROUGH THREE G. SUBJECT TO STAFF'S RECOMMENDATION, PLEASE RAISE YOUR HAND. MOTION CARRIES SIX ZERO FOR APPROVAL. NOW MOVING INTO CITIZEN COMMENTS. CITIZEN COMMENTS. 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. 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. WHEN CALLED UPON, PLEASE COME TO THE PODIUM. STATE YOUR NAME AND ADDRESS. FOR THE RECORD, PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES. IF MULTIPLE INDIVIDUALS WISH TO SPEAK ON A TOPIC, THEY MAY YIELD THREE MINUTES TO ONE OTHER INDIVIDUAL APPOINTED TO SPEAK ON THEIR BEHALF. ALL INDIVIDUALS YIELDING AT TIME MUST BE PRESENT AT THE MEETING AND THE APPOINTMENT, AND THE APPOINTED INDIVIDUAL WILL BE LIMITED TO 15 MINUTES. SO I DON'T SEE ANY COMMENTS. DO WE HAVE ANYTHING? NOPE. OKAY, SO WITH THAT WE'LL MOVE ON TO OUR REGULAR AGENDA ITEM NUMBER FOUR PURSUANT TO SECTION [4. Conduct a Public Hearing and consider and act upon a request to amend Planned Development-69 to allow for a seasonal storage container for a Big Box Retail store on 70.9± acres, located on the southeast corner of Frontier Parkway and Dallas Parkway. (ZONE-25-0011)] 5155 1.007 OF THE TEXAS GOVERNMENT CODE, INDIVIDUALS WISHING TO ADDRESS THE PLANNING AND ZONING COMMISSION FOR ITEMS LISTED ON PUBLIC HEARING WILL BE RECOGNIZED WHEN THE PUBLIC HEARING IS OPEN. ITEM NUMBER FOUR IS TO CONDUCT A PUBLIC HEARING. CONSIDER ACT UPON A REQUEST TO AMEND PLAN DEVELOPMENT 59 TO ALLOW FOR SEASONAL STORAGE. CONTAINER FOR BIG BOX RETAILER STORE ON 70.9 ACRES. LOCATED ON THE SOUTHEAST CORNER OF FRONTIER PARKWAY AND DALLAS PARKWAY. ZONE 25 0011. ALL RIGHT. THANK YOU. CHAIRMAN. SO THE ITEM BEFORE YOU TONIGHT IS A REQUEST TO AMEND PLANNED DEVELOPMENT 69 TO ALLOW FOR BIG BOX RETAIL STORE TO HAVE A SEASONAL STORAGE CONTAINER. THIS CONTAINER WOULD BE ALLOWED ON PREMISES FROM OCTOBER 29TH, JANUARY 20TH, JANUARY 2ND ON AN ANNUAL BASIS, IF THE ZONING WAS PERMITTED. SO HERE IS AN AERIAL OF THE SITE. AND THIS IS WHERE THE STORAGE CONTAINER WOULD BE IN RELATION TO THE BUILDING. THE CURRENT ZONING AROUND IT. ALL OF THIS IS PD 69. THERE'S TWO TRACKS. THIS IS TRACT ONE WITH OBVIOUSLY THE HEAVY, THE MCDONALD'S, [00:05:06] THE CHASE, THE CHICK FIL A, AND THEN TRACK TWO IS WHERE THE HCA IS AT. SO THIS AMENDMENT WOULD ONLY BE TO TRACT ONE. IT WOULD BE ALL THE ALLOWED USES WITHIN THE RETAIL JURISDICTION WHICH IS ALLOWED FOR PD 69. AND THEN THIS VERBIAGE HERE OF ONE STORAGE CONTAINER PERMITTED ON AN ANNUAL BASIS ON THE SOUTH SIDE OF THE BOX, BIG BOX RETAIL STORE FROM OCTOBER 20TH 9TH TO JANUARY 2ND OF THE FOLLOWING YEAR, IN ACCORDANCE WITH THE LOCATION SHOWN ON EXHIBIT D ONE AND THE ELEVATION SHOWN ON EXHIBIT G. AND SO THIS IS EXHIBIT D ONE YOU CAN SEE HERE. AND THE SITE IS FLIPPED. BUT THIS IS WHERE THE STORAGE CONTAINER WOULD BE LOCATED. JUST KIND OF A BETTER VISUAL OF THAT. AND THEN HERE'S HIS EXHIBIT G. THIS IS WHAT THE RENDERINGS OF IT WOULD LOOK LIKE. SO THIS CASE WAS NOTICED ON FRIDAY, OCTOBER 24TH. WE DID NOT RECEIVE ANY RESPONSE. TOWN STAFF IS RECOMMENDING DENIAL OF THIS PROJECT DUE TO INCOMPATIBILITY. INCOMPATIBILITY WITH THE SURROUNDING DEVELOPMENT. AS NO APPROVED PLANS HAVE OUTDOOR STORAGE IT'S INCONSISTENT WITH OTHER BIG BOX RETAILERS THAT DO NOT HAVE OUTDOOR STORAGE APPROVED AS A USE. AND THEN VISIBILITY FROM MAYOR CLARE LANE. THERE'S JUST NO SCREENING FROM THERE. AND IF THIS THERE'S A MOTION ON THIS TONIGHT, IT WILL BE SCHEDULED FOR MEETING ON TUESDAY, NOVEMBER 25TH AT TOWN COUNCIL. I WILL NOW TAKE ANY QUESTIONS THAT THE COMMISSION HAS FOR ME. DO WE HAVE ANY QUESTIONS FOR STAFF BEFORE WE OPEN THE PUBLIC HEARING? OKAY. NOW I'M GOING TO OPEN THE PUBLIC HEARING FOR ITEM NUMBER FOUR. IF WE HAVE THE APPLICANT OR ANYONE IN THE AUDIENCE THAT WOULD LIKE TO COMMENT ON REGULAR AGENDA, ITEM NUMBER FOUR, PLEASE COME UP, STATE YOUR NAME AND ADDRESS FOR THE RECORD. GOOD EVENING CHAIR COMMISSION. MY NAME IS BLAKE BEESON. I'M WITH HEB 5000 PLANO PARKWAY, CARROLLTON, TEXAS. IT'S A PLEASURE TO BE HERE. AND I'M DREW DANOWSKY WITH CLAYMORE ENGINEERING. 3231 HARWOOD ROAD, BEDFORD, TEXAS. I APPRECIATE YOUR TIME AND HEARING THIS APPLICATION. I JUST WANT TO MAYBE RUN YOU GUYS THROUGH A LITTLE BIT OF OUR BUSINESS AND HOW THIS PLAYS INTO KIND OF OUR DAY TO DAY OPERATIONS, ESPECIALLY RUNNING INTO THE HOLIDAY SEASON. SO THIS PORTABLE, IT'S REALLY A REFRIGERATED STORAGE CONTAINER. SERVES A SERVICE FOR OUR STORES. REALLY? IN OUR ENTIRE NETWORK AS A STOPGAP FOR HOLIDAY RUSH. SO YOU'LL SEE, TYPICALLY, YOU KNOW, FROZEN TURKEYS, PIES ARE A VERY COMMON AN ITEM THAT WILL GET STORED IN THIS CONTAINER. AND REALLY WHAT THAT DOES FOR US IS IT ALLOWS OUR STORE PARTNERS SOME FLEXIBILITY TO HAVE BACKSTOCK, ESPECIALLY DURING THE HOLIDAY SEASON. WE'RE VERY CONSCIOUS OF OUR TRANSPORTATION FIELD. WE DON'T WANT TRUCKS ON THE ROAD DURING PEAK HOURS IF WE CAN AVOID IT. SO THIS FACILITY HERE HELPS US AVOID DELIVERIES DURING THANKSGIVING DAY. YOU KNOW, NEW YEAR'S DAY, CHRISTMAS DAYS LIKE THAT. SO THAT'S KIND OF HOW WE USE IT. IT REALLY DOES HELP OUR STORE. I WILL SAY EVERY STORE WE HAVE IN DFW CURRENTLY HAS THESE IN OPERATION. WE TYPICALLY INSTALL TWO OF THEM FOR A YEAR ROUND USE. SO THAT ALLOWS US THE FLEXIBILITY TO, YOU KNOW, EBBS AND FLOWS OF THE HOLIDAY, LIKE I SAID. BUT ANOTHER THING THAT'S REALLY IMPORTANT TO US, LIKE I SAID, IS WE ARE THE LAST TO CLOSE IN, THE FIRST TO OPEN. SO THIS REALLY TIES INTO THAT ETHOS OF OURS OF, LOOK, WE HAVE THE CAPABILITY. AND YOU GUYS WENT THROUGH SNOWMAGEDDON IN 2021. THIS ALLOWS US TO BETTER REACT TO EVENTS LIKE THAT AND SERVE YOUR COMMUNITY FRESH PRODUCE. SO THAT'S REALLY THE USE IN WHAT IT DOES FOR US. IN TERMS OF ITS CONSISTENCY WITH THE TOWN AND ITS DEVELOPMENT I'M HAPPY TO SHOW YOU GUYS SEVEN CASES IN THE TOWN WHERE THESE CONTAINERS OR OTHER CONTAINERS WITH A SIMILAR FOOTPRINT ARE CURRENTLY INSTALLED, EFFECTIVE TODAY BY OUR PEERS IN THE TOWN. SO I GUESS REALLY THE ISSUE WE HAVE THERE IS WE'D LIKE TO SEE A FAIR PLAYING FIELD HERE IN THE TOWN. WE WANT TO SERVE YOU GUYS. WELL, I DO BELIEVE THAT THIS PIECE OF EQUIPMENT HELPS US SERVE YOU GUYS BETTER. SO I WOULD ARGUE THAT THE PRECEDENT IS SET. WE'RE DOING THE RIGHT THING TO TRY TO APPROACH YOU GUYS TONIGHT AND GET OUR PD AMENDED TO THIS BEING ALLOWED USE FOR US. IT IS VERY, VERY CRITICAL FOR OUR OPERATIONS TO HAVE THIS. AND LIKE I SAID, WE TYPICALLY WOULD REQUEST TWO. AND WE DID START WITH REQUESTING TWO FOR AN ANNUAL OCCURRENCE. THAT'S REALLY ALL I HAVE TO SAY. DO YOU HAVE ANYTHING YOU WANT TO ADD? I WOULD ASK FOR APPROVAL IF YOU GUYS HAVE ANY QUESTIONS, I'M HAPPY TO HEAR THEM. ANY QUESTIONS SO I WILL I'LL JUST START WITH ONE, BECAUSE THEY BROUGHT UP THE FACT THAT THERE'S SEVEN INSTANCES OF THIS. CAN CAN STAFF CONFIRM THIS IN ANY WAY? BECAUSE I WOULD HATE FOR US TO MAKE A DECISION ON SOMETHING THAT I CAN'T [00:10:07] CONFIRM IT OR DENY IT. SINCE I FIRST I'VE HEARD THAT THEY'VE FOUND SEVEN, BUT I WILL TELL YOU, WE DON'T HAVE ANY INSTANCES WHERE THEY HAVE EITHER GOTTEN AMENDMENTS TO PDS WHERE THEY'RE PERMITTED OR THAT THEY HAVE NOT, OR EXCUSE ME, THEY HAVE BEEN APPROVED IN ANY METHOD OTHER THAN A SPECIAL EVENT PERMIT, WHICH HEB WAS GIVEN THE OPTION OF DOING AND OPTED NOT TO AND DECIDED TO PURSUE THIS ROUTE. BUT IT IS NOT UNCOMMON TO HAVE SPECIAL EVENT PERMITS. AS YOU ALL KNOW, YOU SEE THEM IN PLACES LIKE KROGER HAS THE ROSE'S, HOME DEPOT, AND LOWE'S HAS THEIR BAGS OF MULCH. THE SOME OF THE OTHER LARGER STORES, TARGETS AND WALMARTS WILL HAVE THINGS FOR, FOR A LIMITED TIME THAT HAS A FIXED TIME PERIOD, BUT THERE ARE NONE THAT THAT HAVE AN ACTUAL AMENDMENT OR AN ACTUAL PIECE OF THE ORDINANCE THAT ALLOWS THEM TO BE PERMANENTLY OUTSIDE STORED. THANK YOU. ANY OTHER QUESTIONS, COMMISSIONERS? YES. OKAY, SO JUST A QUESTION. A COUPLE OF QUESTIONS. ONE, I NOTICED THAT YOU ALREADY HAVE ONE THERE. SO I ASSUME THAT YOU HAVE YOUR YOU'RE NOT IN COMPLIANCE. CURRENTLY. YOU HAVE YOU'VE MOVED A TRAILER OR STORAGE BUILDING BACK THERE. CURRENTLY AS OF YESTERDAY. ANYWAY. SO THAT'S CORRECT. THERE IS ONE OUT THERE TODAY. STAFF BROUGHT IT UP AS A CONCERN, AND THIS IS HOW WE SAW BEST FIT TO RESOLVE THAT ISSUE. CAN I SPEAK TO MR. HOOVER'S STATEMENT ABOUT THE EXISTING USES? SO I WOULD AGREE. I CAN'T CONFIRM WHETHER OR NOT THE SHIPPING CONTAINERS THAT ARE OUT THERE TODAY ARE COMPLIANT WITH PERMITS OR NOT, THAT EXIST IN YOUR TOWN. I WILL SAY DREW AND I'S JOB IS PERMANENT. I MEAN, WE I WORK FOR H.E.B. AS AN ENGINEER IN THE REAL ESTATE DEPARTMENT. IT'S OUR EXPERTISE TO COME SPEAK WITH YOU TONIGHT AND TALK ABOUT THESE TOPICS. MISS MARILYN, WHO RUNS YOUR STORE HERE IN PROSPER, IS A LOVELY LADY. I'D ENCOURAGE YOU TO GO MEET HER. THAT SAID, HER EXPERTISE IS OPERATING A GROCERY STORE, NOT REQUESTING TEMPORARY PERMITS FROM THE TOWN OF PROSPER. ULTIMATELY, WE SEEK COMPLIANCE WITH YOUR REGULATIONS. WE'RE HAPPY. YOU KNOW, WE'VE SET UP SHOP HERE. WE INTEND TO BE LONG TIME COMMUNITY MEMBERS AND PARTICIPATE IN YOUR COMMUNITY FOR THE FORESEEABLE FUTURE. I'M JUST TRYING TO HELP T OUR STORE UP TO BE SUCCESSFUL AND NOT HAVE TO GO THROUGH THE TEMPORARY PERMITTING PROCESS. SO LET ME CONTINUE. SO AND I APPRECIATE THAT THE I GUESS WHAT RAISED MY CONCERN A LITTLE BIT WAS IN KNOWING THAT THAT THIS WAS SOMETHING THAT WAS REQUIRED, YOU KNOW, FOR SOME KIND OF ACTION THAT THAT YOU'RE ALREADY NOT IN COMPLIANCE. SO IT MAKES ME WONDER WHETHER, IF THIS ISN'T APPROVED, YOU INTEND TO JUST GO AHEAD AND DO IT ANYWAY. I MEAN, IS THAT WHAT'S. IS THAT WHAT I CAN TAKE FROM THAT PARTICULAR. NO, SIR. I WOULD SAY WE LIKE I SAID, WE INTEND TO BE GOOD NEIGHBORS. WHEN IT WAS BROUGHT UP TO BE A CONCERN. AND I WILL ADMIT, THERE ARE OTHER ISSUES OUT THERE. THERE'S A CEO THAT'S OPEN CURRENTLY ON THE PROJECT. WE'RE WORKING WITH YOUR STAFF TO ADDRESS THOSE CONCERNS. BUT WE DID REMOVE EVERYTHING WE HAD ISSUES WITH OUTSIDE OF THE ONE EXISTING CONTAINER THAT'S OUT THERE TODAY. SO WOULD YOU BE FILING A SPECIAL PERMIT EVERY YEAR, YEAR IN, YEAR OUT? YES. IF YES, WE. LIKE I SAID, THIS IS CRITICAL TO OUR BUSINESS. ACTUALLY, WE WOULD PREFER TO HAVE A YEAR ROUND USE. SO I WOULD SAY THE CURRENT WINDOW FROM OCTOBER TO THE END OF THE YEAR REALLY KIND OF RIGHT AFTER NEW YEAR'S SERVES US FOR REALLY THANKSGIVING, CHRISTMAS AND NEW YEAR'S. AS THE TOWN GROWS, I MEAN, I DON'T KNOW WHY, BUT PEOPLE BUY A LOT OF FLOWERS ON 1ST OF FEBRUARY, FIRST COUPLE OF WEEKS OF FEBRUARY. THERE'S OTHER HOLIDAYS THROUGHOUT THE YEAR. SO I WOULD SAY WE WILL BE CONTINUALLY PULLING THESE TEMPORARY PERMITS TO TRY TO GET THIS CONTAINER IN PLACE. IT REALLY IS CRITICAL TO OUR OPERATION. OKAY. THAT'S GOOD. AND THEN THE OTHER CONCERN I HAVE, AND I THINK ONE OF THE CONCERNS ABOUT STORAGE BUILDINGS IS THE IS THE UNSIGHTLINESS USUALLY OF THEM. AND SO WE WOULD PREFER IF THAT THEY WERE SCREENED IN SOME WAY. NOW, I DON'T KNOW AGAIN ABOUT THE OTHER SEVEN THAT YOU'RE FINDING. THEY MAY BE SEVEN THAT ARE NOT IN COMPLIANCE AND JUST HAVEN'T BEEN FOUND BY OUR CODE ENFORCEMENT YET. BUT THEY CAN BE AND WILL BE IF YOU'VE GOT THE LIST. BUT IS THERE ANY WAY TO SCREEN THIS IN IN THIS LOCATION? CAN YOU SCREEN IT SOMEHOW SO THAT IT'S NOT VISIBLE FROM MAJOR STREETS? I WOULD SAY IT'S IT'S NOT AN IMPOSSIBLE TASK, I WOULD SAY. THERE IS AN EXISTING SCREENING WALL TO THE SOUTH OF THE PROPERTY WHICH DIRECTLY SCREENS THIS SPECIFIC CONTAINER FROM THE ADJACENT SINGLE FAMILY RESIDENTIAL USES TO THE [00:15:08] WEST. IT'S SCREENED BY THE EXISTING BUILDING, AND TO THE EAST IT DOES HAVE VISIBILITY FROM THE THOROUGHFARE THERE, BUT THE RETAINING WALL SCREENING WALL THAT BLOCKS THE TRUCK DOCKS, YOU REALLY END UP WITH, I WOULD SAY, ESTIMATING MAYBE AN 80 FOOT WINDOW. AS YOU DRIVE BY THAT YOU CAN VISIBLY SEE THIS CONTAINER FROM A PUBLIC RIGHT OF WAY. HOW HOW TALL IS THAT CURRENT SCREENING THAT'S THERE ON THE OTHER SIDE OF THE FIRE LANE, ON THE OTHER SIDE OF THE FIRE LANE. IT'S, YOU KNOW, IT'S PROBABLY A TV SHOW. YEAH. HOW TALL ARE THESE? STORAGE. TYPICALLY EIGHT FEET. EIGHT FEET. OKAY. OKAY. THAT'S ALL I HAVE RIGHT NOW. I WAS JUST GONNA ASK THE QUESTION. IS THERE ANY REASON WHY PLANNING FOR THIS STORAGE CONTAINER WOULDN'T BE DONE AT THE TIME? THE BUILDING, IF YOU'RE DOING THIS IN EVERY LOCATION AND CITIES AND TOWNS REQUIRE SCREENING. IS THERE A REASON WHY, FOR EXAMPLE, YOU WANT TO PUSH THE BUILDING UP A COUPLE FEET TO ACCOUNT FOR THIS AND SCREENING SO THAT YOU DON'T YOU COULD HAVE IT YEAR ROUND. IT'S NOT AN ISSUE OF COMING BACK AFTER THE FACT. YEAH. AND I WILL SAY THIS IS SO IN RESPONSE TO THAT I SEE THAT PERSPECTIVE. AND I WOULD SAY WE WE'RE DOING OUR BEST TO IRON OUT THESE DETAILS MOVING FORWARD. YOU KNOW, IT'S, I GUESS, THE ADAGE OF THE GUY HITTING HIMSELF IN THE HEAD WITH A HAMMER WHEN HE STOPS DOESN'T REALIZE, HEY, THIS ISN'T THAT BAD. I CAN I CAN MOVE FORWARD WITHOUT THE PAIN. RIGHT? SO YES, THERE WE ARE PLANNING FOR THESE IN THE FUTURE. IT'S A NEWER THING TO OUR OPERATION. THIS IS MORE OR LESS TIDYING UP THE PAPERWORK. BUT YES, FUTURE STORES. ABSOLUTELY. WE ARE PLANNING FOR THESE TWO IN USE YEAR ROUND IS THE INTENT. ANY OTHER QUESTIONS? WELL, YES I DO. SO IN THAT REGARD, I MEAN, THAT DOESN'T HELP US IN THIS INSTANCE. IS THERE IS THERE ANY SCENARIO IN WHICH YOU CAN BUILD ON ADD ON TO REMOVE THIS? IF YOU GOT THIS, SAY, FOR JUST A COUPLE OF YEARS, GIVE YOU TIME TO ACTUALLY ADD ON. IS THAT POSSIBLE? I WOULD SAY IT'S IT'S AN ARGUMENT ON ECONOMIES OF SCALE, RIGHT? WHERE OUR STORE IS DESIGNED FOR YOUR COMMUNITY. IT'S IT'S SIZE. IT'S RIGHT SIZED FOR THE COMMUNITY. WE HAVE ADEQUATE STORAGE SPACE TO OPERATE OUR STORE YEAR ROUND. IT'S THE HIGH PEAK VOLUME EVENTS LIKE THANKSGIVING AND CHRISTMAS AND ALL THOSE HOLIDAYS THAT IT JUST DOES NOT MAKE ECONOMIC SENSE TO BUILD A STORE LARGE ENOUGH FOR THANKSGIVING. SO I WOULD SAY, NO, WE WOULD NOT EXPAND OUR STORE IN THE FUTURE TO ELIMINATE THIS USE. WE CAN LIVE WITH THE SEASONALITY OF IT, BUT WE FUNCTIONALLY ACROSS OUR NETWORK OF STORES, IT'S A KEY COMPONENT TO OUR STORE. SO THIS IS THIS IS PART CURIOSITY AND PART I THINK TRYING TO DIG IN A LITTLE BIT TO TO WHY YOU'RE REQUESTING THE THE ACCOMMODATION. SO YOU SAID DID YOU SAY EVERY OTHER STORE THAT H-E-B HAS IN DFW, YOU HAVE TWO OF THESE OUTSIDE OF CORRECT. TWO IS THE MINIMUM. EVERY OTHER STORE IN DFW CURRENTLY OPERATES. THESE TWO IS THE MINIMUM. SOME STORES HAVE UP TO FOUR. SO THIS I SUPPOSE THIS IS THE CURIOSITY PART. SO IF YOU HAVE THESE REFRIGERATED STORAGE UNITS OUTSIDE OF ALL OF THESE STORES YEAR ROUND, ARE THEY SITTING EMPTY AT TIMES OR LIKE WHY ISN'T THE STORE KIND OF TO THE POINT OF SOME OTHER COMMISSIONERS JUST BUILT A LITTLE LARGER TO BEGIN WITH TO ACCOMMODATE THE EXTRA IT'S AN EBB AND FLOW OF THE SEASONS. IF THERE'S LOCAL EVENTS GOING ON, IF THERE'S, YOU KNOW, HOLIDAYS. IT'S A DIVERSE COMMUNITY HERE IN DFW. THERE'S OUTSIDE OF THE HOLIDAYS. I'VE ALREADY LISTED HOLIDAYS THAT EXIST IN THE WORLD. SO I WOULD SAY IT, IT REALLY JUST WE TRACK THOSE THINGS. WE TRACK WHETHER ALL OF THESE THINGS PLAY INTO THIS. ULTIMATELY IT GIVES US THE FLEXIBILITY TO RIGHTSIZE THE STORE FOR YOUR COMMUNITY. AND THEN ON THESE EVENTS WHERE WE REQUIRE THIS ADDITIONAL CAPACITY TO FILL THAT GAP. NOW THAT DOES GO YEAR ROUND. AND THAT TYPICALLY, LIKE THERE'S A HOLIDAY EVERY COUPLE MONTHS OR SO. I SEE YOUR POINT IN THAT. YES, THE STORE COULD BE LARGER. I WOULD SAY IT'S INFEASIBLE TO MAKE THE STORE LARGER TO COVER THAT CAPACITY. GOT IT. THANK YOU. AND I WILL I WILL BITE ON THIS. DO YOU HAVE THE LIST OF WHERE THE OTHER SEVEN ARE? I'M QUITE CURIOUS. I'M HAPPY TO SHARE A LIST OF PHOTOS WITH THE STAFF AND LET THEM GO ON A MANHUNT, BUT I DO HAVE THE VISIBLE PROOF OF AT LEAST SEVEN USES, I CAN'T SAY. LIKE I SAID, IF THEY'RE CODE COMPLIANT OR NOT, OR IF THEY HAVE A PERMIT. I JUST FELT IT WAS, YOU KNOW, WE'RE JUST TRYING TO COME TO YOUR TOWN AND DO BUSINESS FAIRLY AND DO IT THE RIGHT WAY. SO THAT WAS KIND OF WHAT RUBBED US WRONG IN THAT REGARD. YEAH, I WOULD SAY FROM BEING ON PLANNING AND ZONING AND LIVING AND PROSPER FOR THE PAST 15 YEARS, WHEN YOU DO COME UP IN FRONT OF US AND AND YOU THROW OUT SOMETHING LIKE THAT WITHOUT ALL THE FACTS, WITHOUT ALL THE KNOWLEDGE BEHIND IT IT DOESN'T SIT WELL. [00:20:01] AND I CAN TELL BY THE TONE OF ONE OF THE COMMISSIONERS THAT IT DOESN'T SIT VERY WELL, BECAUSE I DO KNOW THAT WE DO HAVE AN ORDINANCE. I DO KNOW THAT WE DO HAVE SPECIAL EVENT PERMITS. AND I ALSO KNOW THAT THE TOWN STAFF DOES A GREAT JOB OF ENSURING THAT FOLKS ARE FILLING THOSE THINGS OUT, BECAUSE THIS CASE HAS COME BEFORE US IN DIFFERENT, DIFFERENT ASPECTS IN THE PAST. SO ABSOLUTELY. AND THE INTENT IS NOT TO THROW THESE PEOPLE IN FRONT OF THE BUS. IT'S JUST A MATTER OF THE MAIN ARGUMENT THAT WAS BROUGHT TO US IN THE STAFF REPORT WAS THE USE IS NON-EXISTENT WITH EXISTING BOX STORES IN YOUR TOWN. THE PHOTOS JUST KIND OF WAS OUR WAY OF SAYING, LOOK, THIS IS A USE NOT JUST IN OUR GROCERY STORE, BUT IN BIG BOXES ACROSS THE TOWN, SPECIFICALLY WITH THE SEASONAL HIGH DEMAND VOLUME. AND I WOULD SAY, YOU KNOW, THE INTENT, WE ARE A PART OF YOUR COMMUNITY. NOW, THERE'S YOU PROBABLY KNOW PEOPLE WHO WORK IN OUR STORE. WE FULLY INTEND TO WORK WITH YOU GUYS. WE'RE NOT HERE TO TO POKE AT THE TOWN. WE'RE JUST ASKING TO DO BUSINESS FAIRLY IN TOWN, AND THAT'S REALLY ABOUT IT. I WOULD JUST SAY TYPICALLY WHEN DEVELOPERS COME OR OR BUSINESS OWNERS COME AND THEY'RE PRESENTING THINGS, THEY SHARE IT AHEAD OF TIME. SO THAT WAY IT'S A PART OF OUR PRESENTATION. SO THE TOWN STAFF HAS TIME TO REVIEW. IT'S NOT A SURPRISE. YEAH, ABSOLUTELY. AND I APOLOGIZE. THIS WAS I CAME OUT HERE LAST NIGHT WAS REALLY I GOT WIND OF THIS PROJECT JUST ABOUT TWO DAYS AGO. SO I APOLOGIZE FOR THE LAST MINUTE NOTICE. DEFINITELY. YOU KNOW, IF IT MAKES SENSE, I'LL SHARE IT WITH YOU GUYS. I'LL LET YOU GUYS MAKE THAT DECISION. YEAH. AND JUST FOR THE RECORD, MY QUESTION ABOUT THAT WAS ENTIRELY GENUINE. I THINK IT WOULD BE HELPFUL TO KNOW WHERE THOSE OTHER SEVEN ARE AND WHAT THE CIRCUMSTANCES ARE THAT THAT HAVE THEM SITTING THERE. IT JUST, YOU KNOW, IT'S REALLY TOUGH IN REAL TIME NOW TO TO BE ABLE TO TAKE THAT INFORMATION INTO ACCOUNT. YEAH, ABSOLUTELY. WELL, AND JUST JUST FURTHER FROM THAT, I, YOU KNOW, THERE MAY BE THEY THEY ALL MAY BE IN EXISTENCE. I'M JUST SAYING THEY MAY THEY'RE NOT THEY'RE NOT IN COMPLIANCE BASED UPON OUR ORDINANCE. THEY'RE NOT IN COMPLIANCE UNLESS THEY'VE DONE SOMETHING THAT AND GOTTEN THE PERMITS. THAT'S WHY I, I TOTALLY AGREE. THAT'S WHY STAFF SHOULD HAVE HAD A CHANCE TO VETTED THAT BEFORE YOU TRY TO MAKE THAT THAT LITTLE BOMBSHELL ANNOUNCEMENT TO APOLOGIZE. AND THAT'S NOT, YOU KNOW, AS FAR AS WHERE THEY ARE OR ANYTHING LIKE THAT FOR US. IF STAFF IS TELLING US THAT THERE THAT THERE IS NOBODY THAT'S GOTTEN IT, GOTTEN THIS KIND OF PERMISSION AND THAT'S ALL THAT'S THAT'S WHAT OUR FACTS ARE, AND THAT'S WHAT OUR ORDINANCE IS. SO UNDERSTOOD, I APPRECIATE IT. WE'RE JUST TRYING TO GO THROUGH THE THE PROPER PROCESS HERE. SO THANK YOU FOR YOUR TIME. ANY OTHER QUESTIONS? I THINK WE'RE GOOD. THANK YOU. THANK YOU. APPRECIATE Y'ALL. ALRIGHT. DOES ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THE ON THIS ITEM BEFORE WE CLOSE THE PUBLIC HEARING? IMMA TAKE SILENCE AS A NO. SO I'LL TAKE THIS BACK TO THE COMMISSION FOR ANY DISCUSSION OR OR A MOTION ON ON ITEM NUMBER FOUR. AND CLOSE THE PUBLIC HEARING. DO WE HAVE A MOTION? AM I ABLE TO ASK ONE MORE QUESTION OF STAFF? SURE. JUST TO ASK IT OUT HERE. SO HAVE HAVE WE RECEIVED SIMILAR REQUESTS SUBSTANTIVELY FOR THESE TYPES OF THINGS IN THE PAST? WE HAVE NOT RECEIVED A WRITTEN REQUEST TO, IN OTHER WORDS, A FULL APPLICATION TO AMEND AN ORDINANCE OR TO DO SOMETHING ON A PERMANENT BASIS. WE HAVE BEEN ASKED WHETHER OR NOT WE WOULD SUPPORT SOMETHING LIKE THAT, AND WE ALWAYS SAID NO. AND THE RESPONSE HAS ALWAYS BEEN ABOUT THE THE SPECIAL EVENT PERMITS THAT REALLY DON'T INVOLVE MUCH MORE THAN FILLING OUT AN APPLICATION AND SENDING IT TO US IN AN EMAIL. IT'S NOT PARTICULARLY COMPLICATED, SO IT'S RELATIVELY EASY TO DO. AND THAT'S HOW STORES THAT DO HAVE THINGS STAY IN COMPLIANCE. I DO KNOW THAT THERE ARE TWO INSTANCES. I DON'T KNOW ABOUT SEVEN, BUT THERE ARE TWO INSTANCES WHERE WE DISCOVERED YESTERDAY THAT THERE WERE STORAGE UNITS THAT WERE BEHIND BUILDINGS THAT ARE ALREADY IN THE PROCESS OF BEING IN OUR SYSTEM TO TO MAKE SURE THAT THEY GET INTO COMPLIANCE. BUT I CAN'T ADDRESS ALL SEVEN. SO BUT AT THE END OF THE DAY, THIS IS AN ACCOMMODATION THAT HAS NOT BEEN AFFORDED TO ANY OTHER RETAILER IN IN TOWN. THAT'S NOT ON A PERMANENT BASIS. THAT'S CORRECT. YES. THANK YOU. ANY OTHER QUESTIONS FOR TOWN STAFF? [00:25:04] ALRIGHT. WITH THAT I'LL ENTERTAIN A MOTION. WHETHER WE APPROVE OR DENY A TABLE OR TO CONTINUE THE PUBLIC HEARING. DO WE HAVE ANYONE ANY COMMISSIONERS? I MOVE THAT WE DENY ITEM FOUR. SO WE HAVE A MOTION TO MOVE TO, TO DENY ITEM NUMBER FOUR BY COMMISSIONER FERRY. DO WE HAVE A SECOND? WE HAVE A SECOND BY COMMISSIONER BUTLER TO DENY ITEM NUMBER FOUR, SUBJECT TO TOWN STAFF RECOMMENDATIONS AND CONDITIONS. ALL COMMISSIONERS IN FAVOR OF DENYING REGULAR AGENDA. ITEM NUMBER FOUR, SUBJECT TO TOWN STAFF RECOMMENDATION, PLEASE RAISE YOUR HAND. MOTION CARRIES SIX ZERO AND DENIAL. THANK YOU. NEXT ITEM ON THE AGENDA IS ITEM NUMBER FIVE. CONDUCT A PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE UNIFIED DEVELOPMENT CODE, [5. Conduct a Public Hearing to consider the adoption of a Unified Development Code, which encompasses amendments to Building Regulations, Business Regulations, Fire Prevention and Protection codes, Health and Sanitation codes, the Subdivision Regulation, Utilities standards, the Zoning Ordinance, Engineering Design Standards, and Definitions. (ZONE-25-0014)] WHICH ENCOMPASSES AMENDMENTS TO BUILDING REGULATIONS, BUSINESS REGULATIONS, FIRE PREVENTION AND PROTECTION CODES, HEALTH AND SANITATION CODES, IN THE SUBDIVISION. REGULATIONS. UTILITY STANDARDS. THE ZONING ORDINANCE. ENGINEERING DESIGN STANDARDS AND DEFINITIONS. THIS IS ZONE 25 0014. ALL RIGHT. THANK YOU. CHAIRMAN. SO JUST SOME BACKGROUND ON THIS. IT WAS TABLED AT YOUR PREVIOUS TWO MEETINGS IN OCTOBER ON THE SEVENTH AND THE 21ST. AS YOU GUYS KNOW, THAT WE'VE BEEN DOING CONSTANT WORK ON THIS THROUGH WORK SESSIONS AND WORKSHOPS ON OUR UNIFIED DEVELOPMENT CODE. SO IT IS BEFORE YOU TONIGHT FOR YOUR CONSIDERATION. AND WE DO HAVE CONSULTANTS FROM FREEZER NICHOLS HERE TO GIVE YOU A QUICK PRESENTATION ON EVERYTHING AND ANSWER ANY QUESTIONS THAT YOU MAY HAVE. SO I WILL TURN IT OVER TO THEM. AND THEN WE'LL GO FROM THERE. GOOD EVENING. MY NAME IS RYAN SLATTERY. I AM WITH FREESE NICHOLS, WE'VE BEEN WORKING WITH YOUR STAFF TO UPDATE AND AMEND THE UNIFIED DEVELOPMENT CODE FOR THE TOWN OF PROSPER. WE'D LIKE TO THANK YOU FOR HAVING US THIS EVENING. AND ALSO APPRECIATE YOUR TRUST IN US TO TO BRING THIS ACROSS THE FINISH LINE SO WE CAN PROVIDE YOU WITH A SET OF STANDARDS THAT THAT HELPS THE TOWN GROW AND MAINTAIN ITS, ITS ITS HIGH STANDARD OF CARE FOR FOR ITS COMMUNITY. SO IT IS A GREAT PLACE TO LIVE, WORK AND PLAY. WE STARTED WITH THIS IDEA OF PROSPER BEING THE BEST PRACTICE. WE WANTED TO BRING TO BEAR OUR SUBJECT MATTER EXPERTISE, BUT WE WANTED TO MAKE SURE THAT WE WERE SETTING THE TONE, SETTING THE STANDARD WITH WITH PROSPER THROUGH A SERIES OF, OF DOCUMENTS THAT CULMINATE WITH THIS UNIFIED UNIFIED DEVELOPMENT CODE. SO THE COMPREHENSIVE PLAN OF 2023, AS YOU AS WE GO THROUGH THIS PRESENTATION, YOU WILL SEE HOW THE THE UDC TIES BACK TO THE 2023 COMPREHENSIVE PLAN. YOU SEE THE ZONING MAP THERE AND ALSO THE THE DOWNTOWN MASTER PLAN. WE WANT TO MAKE SURE THAT ALL OF THESE DOCUMENTS COMMUNICATE THAT THEY ARE COOPERATIVE DOCUMENTS TO MAKE SURE THAT STAFF IS IN ALIGNMENT. DEPARTMENTS ARE IN ALIGNMENT. PLANNING AND ZONING COUNCIL DECISION MAKERS ARE IN ALIGNMENT WITH HOW THE TOWN GROWS HOW THE TOWN LOOKS AND FEELS AND RESPONDS TO TO TO FUTURE AND CHANGING CONDITIONS. I'LL TRY NOT TO BE BE REPETITIVE. I KNOW A NUMBER OF YOU HAVE BEEN PART OF THIS PROCESS FROM THE BEGINNING. COMMISSIONER. DANIEL. WELCOME, COMMISSIONER BUTLER. WELCOME. I KNOW THAT THIS MIGHT BE THE THE FIRST OR SECOND INSTANCE THAT THAT YOU HAVE SEEN THESE THESE DOCUMENTS. I KNOW IT'S A LOT TO TO TAKE IN, SO PLEASE, ANY QUESTIONS THAT YOU DO HAVE FEEL FREE TO, TO TO LET US KNOW. WE'RE HAPPY TO, TO, TO DRILL DOWN INTO ANY SEGMENT OR SECTION OF, OF THIS CODE THAT, THAT YOU'D LIKE TO FURTHER UNDERSTAND. SO WORKING FROM A COUPLE OF LEGISLATIVE AUTHORITIES THAT GIVE GIVE TOWNS THE ABILITY TO, TO SET THEIR OWN STANDARDS. CHAPTER 20. CHAPTER 211 ZONING. CHAPTER 212 SUBDIVISIONS. CHAPTER 213 COMPREHENSIVE PLANS. THESE ARE OPPORTUNITIES FOR TOWNS AND CITIES AND VILLAGES ACROSS THE STATE TO, TO REALLY DO WHAT'S IN THE BEST INTEREST OF, OF THEIR COMMUNITY DEPENDENT ON THEIR GEOGRAPHY, DEPENDENT ON THEIR, THEIR, THEIR MAKEUP, MAKING SURE DEPENDING ON THEIR ECONOMIC DEVELOPMENTS AND, AND HOW THEY WANT TO GROW AND WHAT THEY WANT TO HOW THEY WANT TO [00:30:10] CULTIVATE COMMUNITY. SO COMMISSIONER BLANCHARD, LAST TIME THAT WE SPOKE, YOU REALLY WANTED US TO BRING BACK THE SUBSTANTIVE CHANGES THAT THAT WE MADE IN THIS UDC. SO THE THE THE THE, THE THE ONUS ON US WAS TO TO GO BACK AND REALLY GO THROUGH OUR CHAPTERS AND PULL OUT THOSE SUBSTANTIVE CHANGES TO BRING THOSE HERE, BOIL THOSE UP. IT'S A IT'S AN EXPANSIVE DOCUMENT. SO WE WANT TO MAKE SURE THAT WE'RE BRINGING UP NOT JUST THE, THE, THE, THE OXFORD COMMA, BUT THE, THE ACTUAL CHANGES THAT, THAT MAKE THIS, THIS DOCUMENT, THIS DOCUMENT LIFE, GIVE IT TEETH AND PROVIDE FOR A REGULATORY AUTHORITY. SO STARTING WITH CHAPTER THREE BUILDING REGULATIONS WE ADDED TWO ALTERNATE MEMBERS OF THE CONSTRUCTION BOARD OF APPEALS RETAIL INSPECTIONS FOR, FOR I'M SORRY, RENTAL INSPECTIONS FOR FOR MULTIFAMILY UPDATED GRAPHIC ILLUSTRATIONS FOR SIGNS MADE THINGS A LITTLE BIT CLEARER. A LITTLE BIT MORE USER FRIENDLY, BECAUSE THIS IS A DOCUMENT THAT IS USED BY A NUMBER OF PEOPLE WITH VARYING DEGREES OF INTEREST. SO WE WANTED TO MAKE SURE THAT YOUR ENGINEERS COULD UNDERSTAND THIS. WE ALSO WANTED TO MAKE SURE THAT THE GENERAL PUBLIC COULD UNDERSTAND IT. WE WANTED TO MAKE THIS AS USER FRIENDLY, A DOCUMENT TO AS MANY AUDIENCES AS AS POSSIBLE, AND WE CONSOLIDATED ALL THE DEFINITIONS INTO ONE CHAPTER. YOU HAD A LOT OF DEFINITIONS THAT WERE SCATTERED THROUGHOUT YOUR, YOUR CODE. WE CONSOLIDATED THAT INTO, INTO ONE CHAPTER. SO IT'S A ONE STOP SHOP FOR IF I DON'T KNOW WHAT THIS MEANS, I KNOW EXACTLY WHERE TO GO TO FIGURE IT OUT. SO AGAIN, EASE OF USE WAS SOMETHING THAT WE WANTED TO PRIORITIZE FOR, NOT JUST PLANNING AND ZONING, NOT JUST COUNCIL, NOT JUST STAFF, BUT EVERYBODY WHO COMES TO THIS DOCUMENT TO, TO TO TO ENGAGE IT AS A USEFUL TOOL. CHAPTER FOUR WITH BUSINESS REGULATIONS AGAIN FOCUSING ON THE SUBSTANTIVE CHANGES UNLAWFUL SOLICITATION. I AGAIN PERMITTING IS IS IS SOMETHING THAT WE WANT TO, TO, TO MAKE SURE THAT PEOPLE TAKE ADVANTAGE OF ENGAGE THE TOWN WITH TO MAKE SURE THAT WE'RE, WE'RE DOING THINGS IN THE RIGHT WAY. WE ADDED LANGUAGE PROHIBITING TRANSIENT RENTALS SINGLE FAMILY TOWNHOMES, PATIO HOMES, CONDOS AND TOWN LIMITS. THAT'S SOMETHING THAT WE HEARD FROM FROM Y'ALL, FROM STAFF, FROM COUNCIL. THAT WAS A CONSENSUS ITEM ACROSS OUR, OUR STAKEHOLDERS AND THEN POLICE CHIEF APPROVAL FOR, FOR SPECIAL EVENTS, MAKING SURE THAT WE'RE CODIFYING THAT AS PART OF THE CODE. THIS IS WHERE WE MADE THE FEWEST SUBSTANTIVE CHANGES. THE FIRE PREVENTION CODE. WE DON'T WANT TO RUN AGROUND OF THE FIRE CODE. WE WANTED TO MAKE SURE THAT WHAT WE WERE DOING WAS UPDATING THE LANGUAGE, MAKING SURE THAT WE WERE REMOVING THINGS LIKE VOLUNTEER FIRE DEPARTMENT. I DON'T KNOW HOW LONG IT'S BEEN SINCE YOU ALL HAVE HAD A VOLUNTEER FIRE DEPARTMENT, BUT WE NEEDED TO STRIKE THAT LANGUAGE, MAKE SURE THAT THAT GOT UPDATED TO THE PROPER FIRE DEPARTMENT. TOWN ADMINISTRATOR TO TOWN MANAGER. SO THIS THIS CHAPTER REALLY WAS CONTRARY TO WHAT I SAID EARLIER, FOCUSING ON THE OXFORD COMMA, MAKING SURE THAT THE LANGUAGE IN IT REFLECTS THE ACTUAL OPERATIONS OF THE TOWN. THROUGH CHAPTER SIX, WITH HEALTH AND SANITATION, WE DID A LOT OF TERMINOLOGY UPDATE. YOU'LL SEE THAT IN THE DEFINITIONS. YOU'LL SEE THAT THROUGHOUT THROUGHOUT THE CHAPTER E-CIGARETTES HAVE BEEN DEFINED. WE ARE ALLOWING FOR THE POSSIBILITY OF ENFORCEMENT THE FOR KIN TO OTHER THINGS LIKE TOBACCO PRODUCTS SWIMMING POOLS AND SPAS HAVE BEEN RELOCATED TO BUILDING REGULATIONS. SO WE'RE, WE'RE MAKING SURE THAT LIKE, FOR LIKE IS WITHIN CHAPTERS WHERE WE DON'T WANT TO TALK ABOUT BUILDING COMPONENTS IN HEALTH AND SANITATION. WE DON'T WANT TO TALK ABOUT HEALTH AND SANITATION OVER IN, IN, IN FIRE PREVENTION. SO WE WANTED TO MAKE SURE THAT EVERYTHING THAT WAS GERMANE TO THE CHAPTER WAS WITHIN THAT CHAPTER. SO WE DON'T HAVE TO GO SEARCH AND FIND FOR FOR PARTICULAR ITEMS. CHAPTER TEN IS SUBDIVISION REGULATIONS. SO THE SUBSTANTIVE CHANGES THAT THAT WE WENT THROUGH WERE THE FINAL PLAT NEEDS TO BE RECORDED PRIOR TO SITE PLAN APPROVAL. PLANNING AND ZONING COMMISSION MAKES FINAL DECISIONS ON PLAT VACATIONS. THE DIRECTOR OF DEVELOPMENT SERVICES APPROVES CONVINCED PLAT SMALL PLATS THAT'S LESS THAN OR EQUAL TO FOUR LOTS WITH NO PUBLIC IMPROVEMENTS. [00:35:05] PETITION FOR A SUBDIVISION WAIVER APPROVED BY THE TOWN MANAGER OR PLANNING AND ZONING COMMISSION. AND THE DECISION. THE DECISION OF THE PLANNING COMMISSION IS FINAL. AS YOU CAN SEE, SUBDIVISION REGULATION IS ONE OF THE CHAPTERS THAT WE'VE REALLY KIND OF DUG INTO WITH THE DEVELOPMENT ON DOUBLE FRONTAGE LOTS WILL NOW REQUIRE FRONT SETBACK TO BE 30FT SCREENING REQUIRED ALONG RIGHT OF WAY IF PROPERTY IS NONRESIDENTIAL. NEW DOWNTOWN SIDEWALK SHALL BE AT LEAST SIX FEET WIDE TO PROMOTE PEDESTRIAN SAFETY AND WALKABILITY. SO AGAIN, RIGHT SIZING COMPONENTS OF OF OF THE TOWN TO, TO BE TO, TO TO TO BE MORE CONTEMPORARY TO MODERNIZE YOUR UDC. WITHIN THE UTILITIES CHAPTER, THE SUBSTANTIVE CHANGES ARE CENTRALIZED ENFORCEMENT AND PENALTIES, REALLY FOCUSING ON REMOVING THINGS THAT WEREN'T NECESSARILY APPLICABLE ANYMORE. SO THOSE SUBSECTIONS WERE RELATED TO THE CORONAVIRUS, MIGHT NOT NECESSARILY NEEDED TO HAVE BEEN HERE IN THE FIRST PLACE. SO MAKING SURE THAT THAT WE REMOVE THOSE SECTIONS FROM UTILITIES THE STREET CLOSURES AND SITE MAINTENANCE DURING CONSTRUCTION PRIOR TO FULL RESTORATION STANDARDS WERE REMOVED. REDUNDANT SECTIONS THAT REFERENCED THE RIGHT OF WAY COMPLIANCE WITH FEDERAL STATE REGULATIONS WERE REMOVED. WE'RE NOT SUPERSEDING STATE LAW. SO WE DON'T NEED TO WE DON'T NEED TO BE REDUNDANT IN HOW WE'RE WE'RE WE'RE ALREADY TALKING ABOUT A 600 PAGE DOCUMENT. WE DON'T NEED TO BE 630 PAGES. SO MAKING SURE THAT THAT WE STREAMLINE THIS DOCUMENT AND MAKE IT AS, AGAIN, USER FRIENDLY AS POSSIBLE. THE SUBSTANTIVE CHANGES THAT WE MADE TO CHAPTER 14 ZONING. NON-OWNER OCCUPANTS MUST SUBMIT A PUBLIC RECORDS REQUEST TO THE TOWN SECRETARY TO OBTAIN A CERTIFICATE OF OCCUPANCY. CONFORMING SITE PLANS ARE APPROVED BY STAFF TO STREAMLINE THAT PROCESS. PNC AND COUNCIL MAY TABLE IF APPLICANTS ARE ABSENT. COUNCIL MAY ALSO DENY DENIALS WITH WITH PRESENT PREJUDICE. ONE YEAR RESUBMISSION BAN WITH NO APPEAL AFTER. WE CONSOLIDATED. ZONING DISTRICTS ELIMINATING SF 22 17.5, 12.5 AN ACRONYM AND THEN PROPOSED WE ARE PROPOSING DISTRICTS CONSOLIDATED DISTRICTS INTO THE A SFA SO ARCHITECTURE OR AGRICULTURAL SINGLE FAMILY ESTATE. SINGLE FAMILY 15 SINGLE FAMILY, TEN TOWNHOMES, MULTI-FAMILY OFFICE, COMMERCIAL INDUSTRIAL PLAN DEVELOPMENT AND SPECIFIC USE. AND AS YOU CAN SEE, THE PREVIOUSLY ABBREVIATED DISTRICTS WHERE THEY FALL WITHIN THE NEW CONSOLIDATED DISTRICTS ARE IN THE LEFT COLUMN. THE NEW DISTRICTS CENTER COLUMN AND THEN THE THE THE INTENDED USE FAR RIGHT COLUMN. CONTINUING WITH CHAPTER 14, WE REPLACED THE OLD LAND USE MATRIX THAT INCLUDES PARKING AND CONDITIONAL USE STANDARDS. ONE YEAR EXPIRATION PROVISIONS FOR ALL TYPES OF APPLICATIONS, NO APPEALS OR EXTENSIONS. AGAIN, WE WANT TO STREAMLINE THE PROCESS. WE WANT TO WE WANT TO MAKE SURE THAT WE ARE MAKING A CLEAR PATH. THAT ISN'T COMPLICATED. THAT ISN'T, DRAGGED OUT LONGER THAN IT NEEDS TO BE. AND MAKING SURE THAT THE RIGHT ULTIMATE DECISION MAKER IS AT THE END OF EACH WELL DEFINED PATHWAY. I BELIEVE ABDUL SPOKE ABOUT THIS LAST TIME HE CAME TO CHAT WITH YOU. THE PROHIBITING OF JELLYFISH STYLE OUTDOOR LIGHTING. THE ACCESSORY BUILDINGS ARE PROHIBITED FOR SHORT TERM RENTALS OR COMMERCIAL USE. ACCESSORY BUILDINGS AND CARPORTS MUST BE SIMILAR IN APPEARANCE AND CHARACTER TO THE PRIMARY BUILDING. AND POINT BASED DESIGN STANDARDS. AND EXCUSE ME THE ADDITION OF POINT BASED DESIGN STANDARDS. SO AGAIN, MAINTAINING THE CHARACTER, MAKING SURE THAT WE ARE NOT SIMPLY LIKE TACKING A BARNACLE ONTO THE SIDE OF A BUILDING, WE WANT TO MAKE SURE THAT WE'RE MAINTAINING THE CONDITION OF THE PERMANENT STRUCTURE AND MAKE SURE THAT WE ARE MAINTAINING THE LOOK, THE FEEL, THE THE THE ETHOS OF, OF THE TOWN AND MAKING SURE THAT WE'RE CODIFYING ALL OF THOSE STANDARDS WITHIN THIS CODE. [00:40:02] SO OUR NEXT STEPS WILL BE TO COMBINE ALL THESE CHAPTERS INTO THE UNIFIED DEVELOPMENT CODE. WE HAVE BEEN PRESENTING THESE CHAPTERS IN BITE SIZE PIECES. SO CHAPTER BY CHAPTER FOR FOR YOUR REVIEW AND APPROVAL, YOU SHOULD HAVE THE COMPLETE SET OF DOCUMENTS. YOU SHOULD ALSO HAVE A NUMBER OF A NUMBER OF FOR EACH CHAPTER, YOU SHOULD HAVE A SUMMARY DOCUMENT THAT DOES OUTLINE THOSE SUBSTANTIVE CHANGES THAT WE HAVE WE HAVE PROPOSED AND THEN THE UDC WILL GO BEFORE TOWN COUNCIL AFTER RECOMMENDATIONS FOR PLANNING FROM PLANNING AND ZONING FOR ADOPTION, HOPEFULLY RECOMMENDATION FROM PLANNING AND ZONING FOR ADOPTION. AND NOW I WILL ENTERTAIN ANY QUESTIONS THAT THAT Y'ALL DO HAVE. AND AGAIN, THANK YOU FOR THE OPPORTUNITY. WELL, THANK YOU. AND I APPRECIATE THE THE WORK YOU ALL HAVE DONE. I WOULD ASK, DO WE HAVE ANY QUESTIONS? OKAY. GO FOR IT TO TURN ON. I HAVE A NUMBER OF QUESTIONS. SO LET ME CAN WE I LET'S JUST GO AT THE START AT THE BEGINNING. CHAPTER THREE BUILDING REGULATIONS. I HAVE THERE'S A QUESTION IN ARTICLE 313 3.13 THAT THIS IS A SECTION THAT DEALS WITH PROHIBITED SIGNAGE. IT LISTS THE PROHIBITED SIGNAGE. ONE OF THOSE IS PARAGRAPH 12, LED STRING OR SIMILAR LIGHTING OUTLINING WINDOWS, DOORS OR OTHER SIMILAR BUILDING FEATURES. THOSE ARE PROHIBITED UNDER THE SIGNAGE. SO I HAVE TWO QUESTIONS. ONE IS, IT SEEMS, A STRANGE PLACE. IT'S A LIGHTING ISSUE. AND SO AND IT'S UNDER SIGNAGE. SO THAT SEEM I WONDERED IF IT WAS MISPLACED. SECOND. WHY ARE WE I'M CONCERNED. I'M. I'M QUESTIONING WHY WE'RE PROHIBITING THOSE. THE PICTURE THAT'S ON HERE, THAT'S INCLUDED IN HERE. THE ILLUSTRATION IS A PICTURE OF A HOME WITH CHRISTMAS LIGHTS ON IT. SO ARE WE. IS A CITY OR IS THE TOWN PLANNING ON OUTLAWING SEASONAL LIGHTING, CHRISTMAS LIGHTS AND THOSE KIND OF THINGS. I DO KNOW THAT IS NOT THE INTENT. WE ARE NOT TRYING TO BE THE GRINCH AND CHRISTMAS, SO. NO, I, I CERTAINLY APPRECIATE THAT. AS FAR AS ITS PLACE WITH BUILDING REGULATIONS WITHIN BUILDING REGULATIONS I THINK THAT WE WE WANTED TO I THINK WE WANTED TO CONSOLIDATE EITHER LIKE OR OR OR ITEMS THAT WOULD BE TANGENTIAL TO THE BUILDING ITSELF IN THE SAME SECTION, SO AS A COMPONENT OF THE BUILDING. TEMPORARY OR OTHERWISE. THAT'S THAT'S WHERE WE WANTED TO PLACE THOSE IN A DUAL STOP. ACTUALLY, IF I COULD SAY SOMETHING TO THAT THE REASON THAT THE SIGNAGE IS IN BUILDING IS SOME TIME AGO LONG BEFORE ANY OF US GOT HERE, I'D SAY MAYBE 4 OR 5 YEARS AGO. MAYBE EVEN BEFORE JEREMY GOT HERE. BUT THE TOWN DECIDED UNDER THE TOWN ATTORNEY'S ADVISEMENT, TO TAKE THE SIGN ORDINANCE OUT OF THE ZONING ORDINANCE, WHICH IS WHERE IT USED TO BE, AND PUT IT INTO THE BUILDING REGULATIONS BECAUSE IT'S EASIER TO MAKE MODIFICATIONS TO IT WHEN IT'S A BUILDING REGULATION THAN WHEN IT'S A ZONING ORDINANCE. SO AS FAR AS THE PLACEMENT IS CONCERNED, THAT'S WHY IT'S IT'S IN THE BUILDING SIDE. AS FAR AS THE PICTURE FOR THE CHRISTMAS LIGHTS, I DO NOT REMEMBER THAT OFF THE TOP OF MY HEAD I WILL CONFESS, BUT I ASSURE YOU, WE'RE NOT TRYING TO BAN CHRISTMAS LIGHTS OR OR SEASONAL LIGHTS. IN FACT, THE OPPOSITE IS TRUE. YOU MAY HAVE NOTICED THAT WE'VE GOT WHITE LIGHTS IN THE TREES DOWNTOWN. WE'RE TALKING ABOUT THE BUILDINGS AND DOING SILHOUETTE TYPE TYPE ACTIVITIES THERE, SO I'M NOT SURE HOW THAT PICTURE RELATES, BUT IT'S NOT MEANT TO TO DO AWAY WITH WITH SEASONAL LIGHTING. WELL, THAT'S CLEARLY THE PICTURE THAT'S THERE. IT'S A HOME. IT'S A RESIDENTIAL HOME WITH WITH MULTI-COLORED LIGHTS AND STUFF. SO THAT MAY BE SOMETHING WE WANT TO CHANGE THE PICTURE OR DELETE IT OR IT SOUNDS LIKE DEFINITELY WE WANT TO CHANGE OR ELIMINATE THE PICTURE, BUT I AM CONCERNED STILL. AND THIS MAY NOT HAVE BEEN A CHANGE. I DON'T KNOW, MAYBE THIS WASN'T A CHANGE IN THERE, BUT BUT IS AREN'T. ART SEASONAL LIGHTING ON ON RESIDENTIAL HOMES AREN'T THEY TYPICALLY LED LIGHTS? THAT OUTLINE BUILDING FEATURES? ISN'T ISN'T THE WORDING HERE A STRAIGHT DEFINITION OF SEASONAL LIGHTING? I DON'T SEE ANYTHING IN OUR ORDINANCE THAT SPECIFICALLY SAYS, EXCEPT FOR SEASONAL LIGHTING OR CHRISTMAS LIGHTS OR WHATEVER. [00:45:05] I MEAN, SO WHAT'S HOW DO HOW ARE THE WORDING? SEEMS LIKE IT'S STILL OUTLAWS. CHRISTMAS LIGHTS. CHRISTMAS LIGHTS. YEAH. WHAT DO WE DO ABOUT THAT? I THINK THE THAT LANGUAGE CAN BE AMENDED TO BE MORE DELIBERATE AND AND OKAY. I BELIEVE AROUND AROUND THE JELLYFISH LIGHTING PROHIBITION. I BELIEVE THERE'S LANGUAGE THAT ACCEPTS SEASONAL LIGHTING, BUT I DON'T HAVE IT IN FRONT OF ME, BUT I. OKAY, I'LL GET THERE. YEAH, I'LL BE THERE IN A MINUTE. I DO HAVE AN ISSUE ABOUT JELLYFISH. ABDUL WAS FAT, SO I HAD A QUICK CLARIFICATION ON THAT. IT ALLOWS FOR TEMPORARY USE, BUT NOT FOR PERMANENT USE. THAT'S THAT'S WHAT THE INTENT OF THE CODE IS TO PROHIBIT IT YEAR ROUND. OKAY. AND SPECIFICALLY FOR THE JELLYFISH TYPE OF LIFE. OKAY. BUT ON THIS ONE WHERE I'M AT RIGHT NOW AND I DO HAVE THE JELLYFISH LIGHTING TO COME UP. THREE 1306 PROHIBITED SIGNS. THE FOLLOWING SIGNS ARE SPECIFICALLY PROHIBITED. THERE'S NO IT'S JUST PROHIBITED. AND THEN IT STARTS LISTING ABANDONED SIGNS, BILLBOARDS, YOU KNOW, THOSE KINDS OF THINGS. AND THIS IS WHERE. AND THEN NUMBER 12 IS THE LED LIGHTS. SO I IT SEEMS LIKE WE NEED SOME CLARIFICATION AND CORRECTION OF THE, OF THE ILLUSTRATION THAT'S IN HERE AND SO FORTH. OKAY. PART OF THE INTENT THAT HAS BEEN GOING ON THROUGH THE LIGHTING PROCESS IS TO TRY AND ADDRESS HOW LIGHTS THEMSELVES HAVE CHANGED OVER THE THE LAST MANY YEARS THE BRIGHTNESS OF LIGHTS, THE TYPES OF LIGHTS, THE DIFFERENCE BETWEEN THE LEDS AND THE INCANDESCENTS. AND YOU MAY RECALL, THERE'S BEEN A RESIDENT THAT HAS COME AND SPOKEN TO THE COMMISSION A COUPLE OF TIMES, AS WELL AS THE COUNCIL A COUPLE OF TIMES, TALKING ABOUT SECURITY LIGHTS AND THE AUTOMATIC LIGHTS THAT COME ON AND THE FACT THAT THEY'RE LEDS AND WHEN THEY COME ON, IT LIGHTS UP YOUR NEIGHBORS INSIDE OF THEIR HOUSE LIKE IT'S IT'S NOON. SO IT'S POSSIBLE THAT THE LED THAT IS BEING REFERENCED THERE THAT'S PROHIBITED IS TRYING TO GEAR TOWARDS THOSE LIGHTS AS OPPOSED TO THE SEASONAL LIGHTS THEMSELVES. BUT AGAIN, I DON'T HAVE IT RIGHT IN FRONT OF ME, SO I CAN'T ANSWER THAT LED STRING OR SIMILAR LIGHT. SO IT'S STRING LIGHTING IS INCLUDED IN HERE AND EVERYTHING TO JUST YOU KNOW. SO ANYWAY, I, I JUST THINK IT'S SOMETHING THAT NEEDS TO BE CLARIFIED. WOULD WOULD THE ADDITION OF THE WORD PERMANENT THERE IN LINE ITEM NUMBER 12 IN THAT SECTION PERMANENT LED. WOULD THAT ADD THAT THAT CLARITY THAT WHAT WE'RE REALLY FOCUSING ON IS IS PERMANENT LED LIGHTING. SO WE'RE NOT TALKING ABOUT CHRISTMAS LIGHTING. WE'RE NOT TALKING ABOUT HALLOWEEN LIGHTING. AND WE'RE NOT TALKING ABOUT EASTER LIGHTING. WE'RE TALKING ABOUT PERMANENT INSTALLATION OF THESE LED LIGHTING ON ON STRUCTURES. WOULD THAT HELP WITH THAT THAT CLARIFICATION. AND IF THAT'S A GOOD STARTING POINT, WE CAN WE CAN WORK FROM THAT. BUT I THINK WHAT WE WANT TO MAKE CLEAR IS THAT WHAT WE'RE TALKING ABOUT IS THE PERMANENT INSTALLATION OF THESE LIGHTING TYPES. SO WE MIGHT AS WELL TALK ABOUT JELLYFISH LIGHTING TOO, AND EVERYTHING I GUESS HERE MIGHT AS WELL GET IN THERE. SO IF WE SAY UNDER WHAT YOU JUST DESCRIBED, AND I THINK PROBABLY IT'S GETTING CLOSER TO WHAT WE'RE DOING, BUT IS IT ARE WE SAYING THAT IF A HOMEOWNER WANTS TO PUT UP HIS CHRISTMAS LIGHTS AND NOT TAKE THEM DOWN, HE DOESN'T TURN THEM ON ALL YEAR LONG. HE JUST LEAVES THEM UP AND AND THEN TURNS THEM ON AT CHRISTMAS TIME. ARE WE SAYING THAT THAT'S PROHIBITED IF IT'S PERMANENT LIGHTING BECAUSE IT'S BEEN PERMANENTLY INSTALLED? IT MAY VARY, MAY VERY WELL ALREADY BE IN YOUR HOA DEED RESTRICTIONS. IT'S HIGHLY UNLIKELY THAT THEY WOULD BE ALLOWED TO STAY THERE YEAR ROUND IN HOA. OKAY. AND I GET THAT THE HOA AND I'M TALKING HERE ABOUT A CONCERN OF GOVERNMENT OVERREACH ON MY PART IN TERMS OF WHERE WE'RE OUTLAWING JELLYFISH LIGHTING AND THESE KIND OF IN THIS KIND OF STUFF. I HOA IS FINE, BUT IS THIS THE PROPER THING FOR GOVERNMENT TO DECIDE WHAT I CAN PUT UP ON MY THAT I CAN'T PUT JELLYFISH LIGHTING UP ON MY HOME AND AND LIGHT IT. IT IT'S NOT AS LONG AS IT'S NOT SHINING SO BRIGHTLY THAT IT'S, IT'S, LIKE AN AIRPORT. YOU KNOW, IT'S LIT UP THAT WAY. IS IS THAT THE APPROPRIATE ROLE OF LOCAL GOVERNMENT TO SAY HOMES CAN'T HAVE THAT, BUT THEY'RE ACTUALLY ARE SHINING BRIGHT AND BLINKING ALL NIGHT, 100% AROUND A HOUSE, LIKE THREE 60 LIGHTING AND THAT BRIGHT, I DON'T KNOW. I MEAN, I'M NEARBY. I COULD SHARE A VIDEO FOR YOU TO PROVE IT, BUT. [00:50:03] YEAH. YES. IS THIS THE VACATION? IS THIS THE GRISWOLD FAMILY KIND OF THING THAT I. THAT'S ONE THING, BUT I DON'T. HERE'S HOW THE EXEMPTION READS IN 14 H ONE. IT'S EXEMPT FROM THE ORDINANCE OR DECORATIVE SEASONAL LIGHTING. THE DECORATIVE SEASONAL LIGHT SHALL BE REMOVED WITHIN A REASONABLE TIME AFTER ANY GIVEN REASON. THE BUILDING OFFICIAL WILL DETERMINE WHAT THE REASONABLE TIME SHOULD BE. SO I THINK TRADITIONAL CHRISTMAS LIGHTS I THINK ARE ARE EXEMPT FROM THIS, AT LEAST AS FAR AS THAT LANGUAGE READS. WHERE ARE YOU READING THAT? 14. IT'S DOWN IN ZONING. IT'S IN A DIFFERENT SECTION. 14 H ONE ON PAGE 538. OKAY. YES. THOSE ARE A LITTLE MORE PROLIFIC THAN THE ONES IN MY NEIGHBORHOOD. WELL, AND I COULD SEE US, I COULD SEE SOME RESTRICTIONS, PERHAPS, ON MOVING LIGHTS. BLINKING LIGHTS. THOSE ARE THE THINGS THAT CREATE, YOU KNOW, THAT DO CREATE SOME PROBLEMS. BUT JUST LIGHTS THAT ARE JUST ON THAT DON'T BLINK. I WONDER WHETHER THAT'S I MEAN I CAN I UNDERSTAND HOA IS ARE GOING TO MAKE THOSE DECISIONS. BUT THAT'S THE HOMEOWNERS I JUST DON'T I JUST I'M, I'M I'M ALWAYS I'M CONCERNED WHENEVER WE'RE TALKING ABOUT GOVERNMENT MAKING THOSE KIND OF DECISIONS ABOUT WHAT I CAN DO ON MY HOUSE. I THINK I AGREE WITH YOU ON THAT, BECAUSE THERE'S A RECENT CHANGE IN LENDING LATELY WHERE I THINK YOU HAVE A STRIP LIGHTS, OR AT LEAST THE LIKES OF SOMETHING THAT'S BEEN INSTALLED SO THAT THEY DON'T HAVE TO TEACH IT ON ALL THE TIME. BUT I MEAN, IF YOU JUST DRIVE DOWN ACROSS THE TRAIL, THERE'S A NEW HOUSE, HOUSES, THEY HAVE THESE LIGHTS FROM THEIR ROOF. RIGHT? YOU KNOW, THAT IS SHINING IN THE NIGHT. I THOUGHT IT WAS BEAUTIFUL. I THINK THEY USE FOR SECURITY REASONS. SO SO I'M CONCERNED THERE THAT OBVIOUSLY THESE ARE NOT ALLOWED BECAUSE MORE AND MORE HOMES ARE DOING THAT. SO THOSE WOULD BE WE'RE TALKING ABOUT PERMANENT FIXTURES ON THE HOUSE. THEY'RE JUST LIKE SOME SORT OF A LEAD SOMETHING IN THE ROOF LINE ABOUT IT THAT'S SHINING DOWN ON THE HOME. SO NOT NECESSARILY SHINING INTO SOMEBODY ELSE'S YARD BUT ON THE HOUSE ITSELF. IT'S ILLUMINATING THE HOUSE. THAT'S THE JELLYFISH LIGHTS. OH, THAT'S THE JELLYFISH. YES. WELL, OKAY, SO THAT'S MY QUESTION. AND I CERTAINLY THAT'S MY CONCERN. THAT'S REALLY A SUBSTANTIVE DECISION WE HAVE TO MAKE, I SUPPOSE, WHETHER WE WANT TO RECOMMEND THAT CHANGE OR NOT. BUT I DO THINK IT'S REALLY IMPORTANT THAT WE HAVE LANGUAGE. WE MAKE SURE THAT WE'VE CLARIFIED THAT AT LEAST SEASONAL LIGHTING, CHRISTMAS LIGHTS AND RESIDENTIAL HOMES. AND, YOU KNOW, EVEN RETAIL HAS HAS CHRISTMAS LIGHTS SOMETIMES THAT THOSE ARE NOT PROHIBITED. SURE. BUT I ALSO THINK, THOUGH, TO LET ME SAY THIS, IF WE'RE CONCERNED ABOUT BLINKING, MOVING LIGHTS AND STUFF LIKE THAT, LIKE YOU SHOWED THAT PICTURE THERE, THEN THAT WOULD BE TRUE OF CHRISTMAS LIGHTS AND EVERYTHING ELSE. I MEAN, IF THEY'RE IF THEY'RE AN EYESORE FOR IN FEBRUARY, THEY'RE AN EYESORE IN DECEMBER, YOU KNOW. SO I JUST I DON'T KNOW, I JUST WONDER ABOUT THE CONSISTENCY OF THAT. I DO SEE WHERE IT SAYS THAT THE EXEMPTION TO THE, THE IN THE THIS IS DOWN IN THE ZONING OR THE PD. WHICH ONE IS THIS ONE? I GUESS DECORATIVE SEASONAL LIGHTING SHALL BE REMOVED, THOUGH IT SAYS THEY SHALL BE REMOVED WITHIN A REASONABLE TIME. SO WE'RE WE'RE REQUIRING THE REMOVAL OF LIGHTS UNDER OUR ORDINANCES UNDER OUR ORDINANCE UNDER THIS. AND I JUST AGAIN, I'M WONDERING WHETHER THAT'S NECESSARY. WE CURRENTLY HAVE THAT IN OUR ORDINANCES. SO THAT'S NOT SOMETHING NEW. SO, SO BUT THE REAL QUESTION FROM THE STAFF'S PERSPECTIVE AND AN ENFORCEMENT PERSPECTIVE IS DO IN FACT, DO YOU WANT TO DRAW THE LINE IN THE SAND SOMEPLACE. AND WE'RE TALKING EITHER NO REGULATIONS WHATSOEVER ON THESE TYPE THINGS. OR ON THE OTHER HAND, WE'RE TALKING REGULATIONS. AND OF COURSE, THAT CHOICE IS P AND Z AND COUNCIL TO DECIDE WELL, WHERE THAT LINE IS, IS GOING TO BE DIFFICULT FOR 14 PEOPLE TO AGREE, IN MY OPINION. AND SO HAVING SOME SOME. DIRECTION I GUESS IS A GOOD WORD ABOUT WHAT IT IS OR WHERE THAT REGULATION NEEDS TO START. [00:55:01] IT'S GOING TO BE OR END AS THE CASE, DEPENDING ON YOUR PERSPECTIVE, IS GOING TO MAKE IT A LITTLE BIT EASIER FOR US TO TO COME BACK. AND DEPENDING UPON WHAT YOU DO, WE CAN PULL THIS WHOLE SECTION OUT AND FIGURE IT OUT AND COME BACK LATER AND STICK SOMETHING BACK IN AFTER WE'VE HAD A CHANCE TO TO LOOK AT IT. BUT THE THINGS THAT Y'ALL HAVE TOUCHED DOWN, TOUCHED ON, I'VE HAD COUNCIL MEMBERS TELL ME I DON'T LIKE THAT. AND COUNCIL MEMBERS TELL ME I DON'T HAVE A PROBLEM WITH THAT. AND SO I ALREADY KNOW. JUST LIKE Y'ALL ARE HAVING THIS CONVERSATION, THEY'RE GOING TO BE IN THE SAME PLACE BECAUSE SOME OF IT IS PERSONAL CHOICE. SOME OF IT IS A PREFERENCE NOT TO REGULATE EVERYTHING FROM THE BIG GOVERNMENT PERSPECTIVE. AND THEN SOME OF IT IS ALSO WHAT THE PRESIDENT HAS TALKED ABOUT IS THE DIFFERENCE IN THE TYPES OF LIGHTS. AND IF THEY COME ON JUST BECAUSE A BIRD FLIES BY AND YOUR WHOLE BACK OF YOUR HOUSE LIGHTS UP EVERYBODY BEHIND THE BACK OF YOUR HOUSE. IS THAT A GOOD THING OR A BAD THING? AND, YOU KNOW, I THINK MOST PEOPLE THINK THE SECURITY ISSUE IS A GOOD THING, BUT HOW MUCH IS TOO MUCH? AND SO MY MY SUGGESTION IS IF YOU DON'T REALLY KNOW WHERE THAT LINE IS YET, LET'S PULL THIS SECTION OUT AND WE'LL FIGURE OUT HOW TO COME BACK AND DO SOMETHING LATER INSTEAD OF TRYING TO TO ADDRESS IT WITH EVERYTHING ELSE THAT'S IN THERE RIGHT NOW. I DON'T THINK WE'LL GET THERE. IT'S JUST MY OPINION, BUT OBVIOUSLY YOUR DECISION. OKAY. I JUST. OKAY. IN ANY EVENT, WHATEVER WE END UP DOING, I DO THINK THAT SECTION IN THE BUILDING REGULATIONS ABOUT LED LIGHTS, THE WORDING AND THE PICTURE NEEDS TO BE FIXED IF WE UNLESS WE PULL EVERYTHING ON ON THAT. BUT OR AT THE VERY LEAST IT NEEDS TO REFERENCE BACK TO THE EXCEPTION THAT THAT COMMISSIONER MENTIONED. YES. OKAY. AM I STILL GOING ON? WELL, I WAS GOING TO MAKE A COMMENT BECAUSE DAVID TALKED ABOUT HOAS BEING ABLE TO REGULATE THIS. AND I WOULD JUST SAY AS A RETIRED HOA PRESIDENT FOR SEVEN YEARS, TO GET SOMETHING APPROVED IN YOUR COMMUNITY AND CHANGE THE DCNR TAKES AN ACT OF CONGRESS, TO GET IT DONE BECAUSE YOU NEED 70%, 75% MOST OF THE TIME TO VOTE ON IT. SO WE KIND OF WE'RE KIND OF SITTING ON BOTH SIDES OF THE BOTH SIDES OF IT RIGHT HERE. WELL, AND, AND I, I'M GOING BACK TO THE QUESTION OF THE ROLE OF GOVERNMENT. YOU KNOW, FOR US TO FOR GOVERNMENT TO STEP IN AND, AND WE, WE HAVE IF, IF I'M DOING SOMETHING ON MY PROPERTY THAT IS HARMING, THAT IS AFFECTING THE USE OF SOMEBODY ELSE'S PROPERTY, THEN GOVERNMENT NEEDS TO STEP IN AND AND FIX THAT. YOU KNOW, AND SET THOSE ORDINANCES. THAT'S WHAT I, THAT'S WHAT I THINK IS IS A PROPER ROLE. BUT IF WE'RE BUT AS YOU SAID, YOU CAN GET 14 DIFFERENT OPINIONS ON WHETHER THIS IS ESTHETICALLY PLEASING OR NOT. I DON'T KNOW THAT GOVERNMENT'S THE ONE I WANT TO ARBITRATE THAT. YOU KNOW, MY OPINION IS JUST AS GOOD AS THAT PERSON'S OPINION. I DON'T NEED GOVERNMENT TO SAY WHAT'S ESTHETICALLY PLEASING NECESSARILY ON ON THESE KINDS OF THINGS. WE DO HAVE ESTHETICS AS A COMMUNITY THAT WE HAVE TO BE CAREFUL ABOUT AND WATCH WHAT THE DIRECTION WE WANT. OUR TOTAL COMMUNITY GOES. BUT FOR ONE PARTICULAR HOME. YOU KNOW, I THINK WE ALWAYS HAVE TO BE CAREFUL ABOUT WHAT THAT PERSON'S PROPERTY RIGHTS ARE AND STUFF. AND OKAY, I'LL I'LL DWELL ON THIS AS WE GO THROUGH THIS. I GOT IN THE IN THE BUSINESS REGS, BUSINESS REGULATIONS, CHAPTER FOUR, THERE'S AN ARTICLE TEN. THERE'S IT SAYS THAT THE CHANGE WAS THAT LANGUAGE WAS ADDED PROHIBITING TRANSIENT RENTALS IN SINGLE FAMILY TOWNHOMES, PATIO HOMES, CONDOS. I COULDN'T FIND ANYWHERE A DEFINITION OF TRANSIENT RENTAL. MAYBE THAT'S A TERM OF ART THAT'S WELL KNOWN IN IN EVERYWHERE. SO IS BUT I DIDN'T I LOOKED IN THE DEFINITION SECTION. DIDN'T FIND IT THERE. SO SHOULD THAT BE DEFINED? AND DO WE IS THAT A LESS THAN 30 DAYS? IS THAT WHAT THAT IS? IT IS IT'S 30 DAYS OR LESS. AND IT PROBABLY DOES NEED TO HAVE A DEFINITION PUT IN PLACE. IT'S IN REAL ESTATE. IT'S IN A LOT OF STATE LAW. BUT BUT THAT'S WHAT SEPARATES LONG TERM FROM A TRANSIENT, WHICH IS THAT'S WHAT I DIDN'T KNOW WHETHER THERE'S STATE LAW DEFINES THAT TERM OR COURTS CASES HAVE DEFINED IT. BUT IS IT IF IT'S DEFINED TERM OF ART ALREADY. BUT IF WE NEED A DEFINITION, I WOULD THINK THAT WOULD BE A GOOD ONE TO DEFINE WHICH WE SHOULD HAVE IT REGARDLESS OF WHERE IT IS, WE SHOULD HAVE ONE, AND THAT COULD BE EASILY ADDED, I THINK. [01:00:02] AND THE. HEALTH AND SANITATION CODE, CHAPTER SIX. YES, SIR. ARTICLE THREE LIST GUIDELINES FOR MOBILE FOOD UNITS AND STUFF. THERE'S, A I JUST WAS. THIS WAS JUST A CLARIFICATION OR A QUESTION. IT SAYS THAT A MOBILE FOOD UNIT CANNOT BE WITHIN 500FT OF A RESIDENTIAL SINGLE FAMILY HOME. OKAY. AND THAT'S AND THIS IS PROBABLY NOT A CHANGE. I DON'T KNOW IF IT'S A CHANGE OR NOT. NO MOBILE FOOD UNIT SHALL BE LOCATED WITHIN 500FT OF A RESIDENTIAL SINGLE FAMILY HOME OR TOWNHOME. SO IT JUST MADE ME THINK, SINCE I LIVE IN A NEIGHBORHOOD THAT'S GOT A LOT OF CONSTRUCTION STILL GOING ON, AND THERE'S WOULD THIS DOES THIS AFFECT LIKE THOSE, THOSE MOBILE UNITS THAT COME IN TO FEED THE CONSTRUCTION WORKERS WHO ARE WORKING ON BUILDING A HOUSE? AND IT'S IN A LOT. THAT'S. YEAH, YEAH, YEAH. AND WOULD THAT AFFECT WHERE THEY CAN'T GET FOOD TRUCKS TO COME INTO THEM AND SERVE THEM LIKE THEY DO? YOU KNOW WHAT I'M TALKING ABOUT? I DO. I KNOW EXACTLY WHAT YOU'RE TALKING ABOUT. AND IT COULD BE IF WE'RE NOT CAREFUL, DEPENDING UPON HOW IT'S WORDED. BECAUSE I WILL ALSO TELL YOU THAT WE DO ALLOW THE FOOD TRUCKS TO COME WHEN HOA'S ARE HAVING QUARTERLY OR ANNUAL MEETINGS, THAT THEY WANT TO BRING A COUPLE OF FOOD TRUCKS TO THE AMENITY CENTER TO SERVE THE, THE THE RESIDENTS THAT ARE THERE FOR THE MEETING. AND GENERALLY SPEAKING, THEY'RE GOING TO BE WITHIN 500FT. NOW, WE ALSO DO SPECIAL EVENT PERMITS FOR THOSE TO ALLOW THEM TO OCCUR. WE DON'T CHARGE FOR THEM, BUT THAT WAY WE CAN MAKE SURE THAT THEY'VE BEEN INSPECTED PROPERLY AND, YOU KNOW, HAVE ALL THE THINGS THAT THEY'RE SUPPOSED TO HAVE. HOWEVER, HAVING SAID THAT, THE LEGISLATURE RECENTLY MADE CHANGES TO WHAT WE CAN IN FACT EVEN INSPECT AS FAR AS FOOD TRUCKS ARE CONCERNED. AND JEREMY MAY BE A LITTLE MORE WELL VERSED. I WAS ABOUT TO BRING THAT UP. I WOULD JUST AGAIN, I HAVEN'T HAD A DETAILED LOOK AT THE EDC, BUT THAT WAS SOMETHING DEFINITELY YOU WOULD WANT TO MAKE SURE THAT WE'RE NOT ABOUT TO ADOPT A RULE THAT WILL IMMEDIATELY NEED TO BE FURTHER AMENDED, BECAUSE THERE ARE PRETTY SIGNIFICANT RESTRICTIONS NOW ON WHAT WE CAN HOW WE CAN REGULATE FOOD TRUCKS, THE FOOD, THE HEALTH PERMITS IS ONE THING, BUT ALSO LIKE WE CAN'T REALLY RESTRICT WHERE THEY CAN BE, WHAT TIMES THEY CAN OPERATE. SO YEAH, THERE'S THERE'S A FEW LITTLE THINGS WE CAN STILL DO, BUT FOR THE MOST PART WE CAN NO LONGER REQUIRE INSPECTIONS OF THEM. SO OUR, OUR, OUR HEALTH PEOPLE CANNOT GO OUT AND OR REQUIRE FOOD TRUCKS TO COME IN AND GET INSPECTIONS. SO BEWARE. WELL, AND FOR CLARIFICATION, THE INSPECTIONS, THEY ONLY HAVE TO HAVE IT GET A STATE PERMIT. SO THE COUNTY AND THE COUNTY IS SUPPOSED TO BE THE ONE THAT REGULATES IT. SO SO SO THE THE STATE, THE YOU KNOW, EIGHT PEOPLE THAT WORK FOR THE STATE WILL INSPECT ALL 40,000 FOOD TRUCKS THAT THAT WANDER AROUND ON A VERY REGULAR BASIS SO. SO LIKE I SAID, BEWARE. OKAY. ALRIGHT. SO THAT I MEAN IS THAT AN AREA THAT IN OF WHAT WE HAVE, DOES THAT NEED TO BE CLARIFIED OR LOOKED AT OR, OR FURTHER? DO WE NEED TO CLARIFY THAT? NO, I, I DO THINK WE NEED TO ADD SOME OF THE THINGS YOU'RE TALKING ABOUT. WE NEED TO MAKE SURE I'M GOING TO CHECK WITH WITH JEREMY AND TERRY AND, AND MAKE SURE WE'RE NOT GETTING OUT OF WHACK WITH WITH THE, THE FOOD TRUCKS AS FAR AS THE STATE IS CONCERNED. AND THEN WE ALSO NEED TO TO ADD THE TRANSIENT DEFINITION TO MAKE SURE THAT THAT'S IN PLAY AS WELL. AND THE THE ZONING CHAPTER 14. IT SAYS IN 14 IN THE, IN 1404, OH TWO OR OH THREE, SOMEWHERE IN THERE, I GUESS WE ADDED A PROHIBITION OF ARTIFICIAL TURF IN DOWNTOWN AREA. SO I'M ALWAYS CURIOUS NOW THAT THAT MUST BE A NEW ONE. WHAT IS IT? WE'VE ALSO ALREADY VIOLATED IT. SO WE PROBABLY DIDN'T REALIZE THAT WAS IN THERE, BUT WE JUST VIOLATED IT IN THE PLAZA THAT'S RIGHT OVER HERE BETWEEN US IN DOWNTOWN AND LAID ASTROTURF. SO WE NEED TO SCRATCH THAT. OKAY. I'VE ALWAYS BEEN KIND OF CURIOUS TO. NOW THE ARTIFICIAL TURF. IT LOOKS MUCH DIFFERENT THAN IT DID TEN, 15, 20 YEARS AGO. IT ACTUALLY LOOKS PRETTY NICE. SO I WONDERED WHY WE'RE SO OPPOSED TO IT. AND WE TALK ABOUT JELLYFISH LIGHTING. ACCESSORY BUILDINGS. IT'S 14 0407 SAYS THE THE THE SUB, THE SUMMARY SAYS CLARIFY THAT ACCESSORY BUILDINGS DO NOT INCLUDE SHORT TERM RENTALS OR COMMERCIAL USES. [01:05:03] BUT I COULDN'T FIND ANYWHERE IN THE CODE. IN THE CODE THAT STATED THAT EXCLUSION, I JUST I COULDN'T FIND IT. I THINK IT'S THE OTHER WAY AROUND. I THINK IT'S MEANT TO BE. AT LEAST I THOUGHT IT WAS. WHAT IT SAID IS THAT THE ACCESSORY BUILDINGS CAN'T BE SHORT TERM RENTALS OR COMMERCIAL BUILDINGS. NOT THAT IT EXCLUDES THEM. ACCESSORY. THE TERM ACCESSORY BUILDINGS DID NOT CLARIFY THAT THEY DO NOT INCLUDE SHORT TERM RENTALS OR COMMERCIAL USES. THAT'S THE SUMMARY I DON'T KNOW WHAT. YEAH. AND SO IF YOU HAVE AN ACCESSORY BUILDING IN YOUR BACKYARD THAT'S TEN BY TEN YOU GOT FROM LOWE'S FOR YOUR LAWNMOWER, YOU CAN'T RENT IT OUT AS A SHORT TERM RENTAL, AND YOU CAN'T TURN IT INTO A SNOW CONE COMPANY FOR ALL THE NEIGHBORHOOD KIDS TO COME BY SNOW CONES. THAT'S WHAT IT MEANS. I'M NOT. AND I DIDN'T LOOK CLOSE ENOUGH TO SEE IF THAT'S REALLY WHAT IT SAYS. I COULDN'T FIND THAT. OKAY, WE'LL VERIFY, BUT THAT'S THAT'S WHAT IT WE'LL MAKE SURE THAT IT'S CLEAR IN THE CLEAR AND WE CAN UPDATE THE SUMMARY DOCUMENT AS WELL TO TO BE TO BE MORE CLEAR. OKAY. AND THEN IT ALSO SAYS IN HERE THE SUMMARY DOCUMENT SAYS THIS IS WHAT THE SUMMARY SAYS IN YOUR YOUR THING SAID THIS A WHILE AGO THAT IT REQUIRES IT SUBSTITUTES THE STANDARD THAT ACCESSORY BUILDINGS MUST BE SIMILAR IN APPEARANCE AND CHARACTER TO THE PRIMARY BUILDING. SO THAT'S WHAT YOU SAID. THAT'S WHAT OUR SUMMARY SAYS. BUT THE CODE SAYS AN ACCESSORY BUILDING MAY BE SIMILAR TO THE PRIMARY DWELLING IN APPEARANCE AND CHARACTER SHOULD BE SO. SO WE NEED TO CHANGE THAT TO SHELBY. SHELBY. SHELBY. OKAY. THAT'S IN 1404 07A THAT WHERE THAT DOESN'T IT'S MORE PERMISSIVE IN THE, IN THE CODE. SO WE NEED TO FIX THAT. AND THEN COULD YOU DESCRIBE FOR ME JUST BRIEFLY EXPLAIN TO ME THIS POINT BASED SYSTEM, BECAUSE IT LOOKS TO ME LIKE WHAT THAT DOES IS IF THEY IF THEY HAVE IF THEY HAVE ENOUGH POINTS, THEY CAN GET ADDED HEIGHTS TO THEIR BILL, TO THEIR CONSTRUCTION. AND THAT'S, THAT'S THE ONLY THING I SAW THAT THAT WAS GAINED BY, BY DOING THOSE THINGS. IS THAT IS THAT CORRECT? IT'S JUST ADDING HEIGHT. I WANTED TO YES. THAT'S 14 0408 IS WHERE THAT IS. POINT BASED SYSTEMS ARE FOR LANDSCAPING AND DESIGN STANDARDS. SO IT'S NOT HERE. WE'RE TRYING TO CULMINATE BOTH OF THEM TOGETHER IN ONE BULLET POINT, BUT MORE SO IN THE LANDSCAPING SECTION IS WHERE THOSE POINT BASED STANDARDS WILL GO IN. AND IT GIVES A LOT MORE FLEXIBILITY TO THE DEVELOPER TO MEET THOSE 20 POINTS OR 40 POINTS BASED ON IF IT'S A RESIDENTIAL, IF IT'S COMMERCIAL OR IF IT'S INDUSTRIAL. SO THOSE POINTS CHANGE BASED ON IF BASED ON THOSE THREE CATEGORIES. SO BUT IF SO, THE THE MORE THE BETTER THEY DO. THEY GET MORE POINTS. CORRECT. SO THEY'LL HAVE A LIST. BUT THEN WHAT IT SAYS IS THERE'S A LEVEL ONE HIGH QUALITY DESIGN AND A LEVEL TWO HIGH QUALITY DESIGN. SO I'VE I'VE GOT 60 POINTS. AND THEN IT SAYS THAT AFTER IF I'VE GAINED 60 POINTS BECAUSE I'VE DONE ALL THOSE THINGS, IT GRANTS ME AN ADDITIONAL TEN FEET OF MAXIMUM HEIGHT. THAT'S THE ONLY THING IT SAYS THAT THAT DOES. AND IF I HAVE 80 POINTS, I GET 20FT OF MAXIMUM HEIGHT. SO THAT'S THE ONLY THAT'S THE ONLY BENEFIT I GET FOR EARNING THESE POINTS. IS THAT RIGHT POINTS IN THAT CONTEXT, YES. BUT FOR THE BENEFIT OF THE TOWN IS THAT THEY'RE PROVIDING DIFFERENT TYPES OF ARCHITECTURAL FEATURES OR MORE LANDSCAPING. THEY'RE GOING ABOVE AND BEYOND WHAT THE CODE CURRENTLY REQUIRES. AND I UNDERSTAND THAT. I UNDERSTAND THAT I'M TALKING ABOUT WHAT'S INCENTIVIZING THE INCENTIVE FOR THEM. FOR A BUILDER TO DO THAT IS THAT I CAN GET MORE HEIGHT TO MY TO MY CONSTRUCTION ROLE, YOU KNOW, IS THAT AND I MY QUESTION IS, IS THAT THE ONLY INCENTIVE THERE IS THAT THE ONLY INCENTIVE WE'RE ASKING, WE'RE GETTING THE DEVELOPERS GETTING FOR DOING THESE HIGHER QUALITY LANDSCAPING AND SO FORTH. AND AND THEY MAY NOT GO THAT HEIGHT ROUTE BECAUSE THEY'RE BUILDING COULD STILL BE THREE STORIES OR TWO STORIES OR. BUT IT DEPENDS. BUT IT GIVES THE TOWN THE BENEFIT MORE MORE SO THAN THE DEVELOPER. OKAY. I JUST I GUESS MY, MY THOUGHT WAS IT DOESN'T SEEM TO BE VERY. [01:10:03] THERE'S NOT A LOT OF INCENTIVE THERE. YEAH. I DON'T THINK YOU'RE REALLY ANSWERING THE QUESTION. I THINK WHAT YOU'RE LOOKING FOR IS A MENU THAT OUTLINES. IF I GET TEN POINTS, I GET TEN, I GET FIVE FEET OF HEIGHT. IF I GET 20 POINTS, I GET AN ADDITIONAL SQUARE FOOTAGE ON ON MY PROPERTY, IF I GET 20 POINTS, THAT THAT'S WHAT YOU'RE GETTING AT. WE'RE ONLY IDENTIFYING ONE BENEFIT AS OPPOSED TO TO ACTUALLY OR A MENU OF BENEFITS THAT THEY COULD DRAW FROM THAT A DEVELOPER COULD SAY, YEAH, I WOULD LIKE TO HAVE A CLOSER SETBACK OR WHATEVER, AND THAT WOULD BE A MORE BENEFIT TO ME. BUT IF I'M GOING TO BUILD A TWO STORY BUILDING, I DON'T NEED TEN MORE FEET. YEAH. I DON'T, YOU KNOW, SO I JUST DON'T IT JUST DIDN'T SEEM TO ME THAT THE ZONING OR THE, THE POINT SYSTEM THAT WE HAD HERE INCENTIVIZED ANYBODY TO DO ANY OF IT. OKAY. SO THAT I'M FOLLOWING THAT. YEAH. SO WE'RE BUT WE'RE NOT PROVIDING IS IS A IS A LIST OF BENEFITS THAT THE POINTS PROVIDE. SO WE'RE ONLY PROVIDING ONE BENEFIT THAT ISN'T NECESSARILY GOING TO BE UNIVERSALLY ADOPTED BY ALL DEVELOPERS. AND I DON'T KNOW WHAT THOSE ARE. I MEAN, BECAUSE OBVIOUSLY THE STAFF'S GOING TO HAVE TO INPUT AS TO WHAT ARE WE WILLING TO GIVE GIVE FOR THOSE THINGS WE MAY NOT WANT TO, BUT SO, SO, BUT A MENU OF ITEMS, A MENU OF BENEFITS TO THE DEVELOPER WOULD FAR BE BE GREATER INCENTIVE TO GET THESE OTHER THINGS THAT WE WANT. AND WHATEVER THOSE ARE, THEY HAVE TO NOT BE A DETRIMENT TO WHATEVER'S NEXT TO IT, RIGHT? SO IF YOU WANT TO ADJUST YOUR REAR SETBACK FROM 40FT TO 30FT BECAUSE YOU PUT TEN FEET MORE LANDSCAPING IN THE FRONT. WELL, WHAT'S IN THE BACK, YOU KNOW, IS THAT NECESSARILY GOING TO GOING TO BE SOMETHING THAT THAT WE'D WANT TO GO ALONG WITH. AND AND SO YEAH, IT NEEDS TO BE SOME KIND OF A SLIDING SCALE, BUT IT'S IT'S NOT SOMETHING THAT'S GOING TO BE ONE SIZE FITS ALL. I THINK EACH, EACH INDIVIDUAL THING IS GOING TO HAVE TO BE LOOKED AT TO SEE WHAT'S THE BENEFITS AND WHAT ARE THE DRAWBACKS. AND I WOULD THINK THAT IT WOULD WORK TO WHERE A DEVELOPER IS GOING TO TALK TO STAFF AND SAY, OKAY, I'M GOING TO I'LL PUT IN THESE THINGS, GET THOSE POINTS BECAUSE AND I WANT THIS AND THEY'RE GOING TO FIND OUT WHETHER YOU'RE GOING TO APPROVE. AND THAT'S USUALLY HOW IT WORKS. BUT BUT LIKE I SAID IT'S IT'S HARD TO COME UP WITH. AND I THINK MOST OF THE TIME IT'S VERY EFFECTIVE. BUT IT'S SOMEWHAT DIFFICULT TO COME DOWN WITH A PERFECT MATRIX THAT, YOU KNOW, YOU COME DOWN HERE AND THEN YOU CAN GO UP HERE AND, AND SO IT IT IS MORE OF A NEGOTIATED AGREEMENT. THAT'S MY LIST. SORRY. NO, NOT NOT AT ALL. THANK YOU. I REALLY APPRECIATE THE REALLY APPRECIATE THE FEEDBACK. OKAY. SO I JUST HAVE ONE QUESTION NOT TO TO BEAT THE JELLYFISH LIGHTING THING TO DEATH HERE. BUT SO WHEN WE ASKED OR WHEN I ASKED THE QUESTION LAST TIME. SO THE, THE INTENTION IS THAT IF THIS PASSES AS WRITTEN, THAT IF YOU HAVE IT ON YOUR HOUSE ALREADY, THAT YOU WOULD EFFECTIVELY BE REQUIRED TO REMOVE IT. CORRECT? PROBABLY AFTER SOMEONE COMPLAINS OR SOMETHING LIKE THAT. CORRECT. SO, JEREMY, GO AHEAD. CAN I GET JEREMY TO WEIGH IN ON THAT IF IT'S ALREADY IN EXISTENCE, CAN WE PASS A LAW THAT SAYS GET RID OF IT? IT WOULD DEPEND ON WHAT THE WHAT IT WAS. IF IT IF IT'S A PERMANENT INSTALLATION, IT MAY BE SOMETHING THAT WE'RE NOT ABLE TO REQUIRE THEM TO TAKE DOWN. IT'S JUST LIKE IF WE WERE TO IT WOULD ESSENTIALLY BE A NON-CONFORMING USE. BUT FOR, FOR OTHER ITEMS, LIKE, FOR EXAMPLE, THERE'S NO SUCH THING AS, YOU KNOW, A GRANDFATHERING IN FOR OTHER SORT OF CODE ISSUES OR THINGS LIKE THAT. SO, BUT IF WE'RE TALKING ABOUT THE JELLYFISH LIGHTING UP, IF IT'S WE WOULD HAVE. I WOULD HAVE TO LOOK INTO IT FURTHER ABOUT WHETHER OR NOT WE COULD REQUIRE SOMEBODY TO REMOVE THAT IF IT'S ALREADY BEEN INSTALLED ON THEIR HOUSE. WOULD IT THEN LET'S SAY THAT IT WAS GRANDFATHERED. I KNOW THAT MAY NOT BE THE CORRECT TERM GRANDFATHERED IN, WOULD IT? THE USE OF IT THEN BE RESTRICTED JUST LIKE ANY OTHER SEASONAL LIGHTING WHERE IT COULD ONLY BE TURNED ON AT CERTAIN TIMES? IS THAT HOW THAT WOULD PLAY OUT IN PRACTICE? I THINK MORE REALISTICALLY, AND AGAIN, I'M NOT THE ATTORNEY FINAL SAY, BUT I WOULD THINK MORE REALISTICALLY THAT'S HOW WE WOULD GO AFTER THAT AS OPPOSED TO A FLAT REMOVAL. I THINK WE COULD REGULATE THE USE A LOT EASIER THAN THAN REGULATE THE REMOVAL. BUT AGAIN, I THINK IT MIGHT BE MIGHT I HAVE SOME DEPENDENCIES DEPENDING ON WHEN IT WAS THERE AND AND ALL SORTS OF OTHER THINGS I DON'T. I DON'T THINK THERE'S A HARD, FAST ANSWER THAT IT AUTOMATICALLY ANYTHING THAT WE, WE, WE CHANGED OR ELIMINATED WOULD HAVE TO BE TORN OUT. [01:15:10] I THINK THERE'S SOME SOME IFS THERE. IT'S VESTED RIGHTS. THINGS WE TALKED ABOUT EARLIER I THINK MIGHT COME INTO PLAY. YEAH. I MEAN, JUST FOR THE RECORD, I DO NOT HAVE THEM ON, ON MY HOUSE, BUT THE PEOPLE THAT I, PEOPLE THAT I DID TALK TO WERE, WERE CONCERNED ABOUT HAVING TO PAY SOMEONE TO GO RIP IT OFF VERSUS JUST USING IT AT SPECIFIC TIMES. YEAH, YEAH. AND THEN THERE MIGHT BE OTHER REPAIRS THAT ARE NEEDED WHEN YOU PULL THEM OFF, DEPENDING UPON HOW THEY WERE MOUNTED TO. DOES THIS ELIMINATE THE RESIDENTS THAT PUT THE CHRISTMAS LIGHTS ALL ON THEIR BACK FENCE AND FROM THEIR HOUSE TO THEIR FENCE, AND FROM THEIR HOUSE TO THE NEIGHBOR HOUSE AND FROM THE POLE. AND. THAT'S A WHOLE NOTHER STORY. I WAS, I WAS HOPING. I WAS TOLD BY A NEIGHBOR THAT WAS A FESTIVE LIGHT, SIR. AND THE ONES, THE ONES THAT GO ACROSS THE STREET AS LONG AS THEY'RE 16 FOOT TALL. YEAH, I KNOW. SOMETHING ELSE, YA KNOW. WHAT DO WE DO NOW? YEAH. WHAT'S NEXT? WHAT DO YOU WANT US TO DO NOW? LIKE, DO WE WANT TO HAVE THEM PULL THE LIKE? CHAPTER THREE AND 14 HAVING TO DO WITH LIGHTS, PULL IT AND THEN MAKE THE CHANGES ON CHAPTER FOUR, SIX AND 14 THAT WERE NOTED AND MOVE IT FORWARD. OR DO YOU WANT US TO REVISIT IT? WELL, I THINK WE HAVE TO OPEN THE PUBLIC HEARING FIRST. CORRECT? YEAH, YEAH, YEAH. SO IF THERE'S NO OTHER QUESTIONS FOR FOR STAFF AND FOR YOU GUYS I'M GOING TO OPEN UP THE PUBLIC HEARING FOR ITEM NUMBER FIVE. AND IF ANYONE IF IF THE PUBLIC WANTS TO, WANTS TO TALK, WHICH. TAKE IT AS A NO. SO YOU'D HAVE TO STATE YOUR NAME AND ADDRESS. SO SINCE WE DO NOT I WILL CALL THE PUBLIC HEARING TO A CLOSE FOR THE REGULAR AGENDA ITEM NUMBER FIVE. AND THEN WE'LL JUST TAKE IT BACK TO THE COMMISSION FOR DISCUSSION ON THE MOTION THAT YOU WERE JUST TALKING ABOUT. SO WE HAVE SOME THINGS WE COULD WE COULD TABLE THIS PUBLIC HEARING. CORRECT. SO THAT WAY THEY COULD WORK ON IT, OR WE COULD MOTION TO APPROVE OR DENY. DENY THIS TODAY. I GUESS FOR FOR US, FOR JUST OUR KNOWLEDGE, IF WE TABLE IT, DOES THAT MAKE MORE SENSE VERSUS PULLING THINGS OUT TO, TO TRY TO FIGURE OUT WHAT'S RIGHT OR WHAT'S WRONG WITH HIM? HAD TO GET FIXED. OR SHOULD WE JUST MAKE A MOTION AND PULL THINGS OUT OF IT? HEY WHAT DO YOU THINK? COMMISSIONER. MOST OF THE MOST OF THE CHANGES WE'RE TALKING ABOUT HERE ARE SHOULD BE EASILY FIXED. THERE ARE THERE? I AGREE THEY'RE NOT ANYTHING, IN OTHER WORDS, THAT WE HAVE TO LOOK AT AGAIN IN, IN TERMS OF, YOU KNOW, YOU CLARIFY, YOU DEFINE TRANSIENT RENTAL. YOU KNOW, YOU, YOU, YOU CLARIFY A CERTAIN THING, YOU DELETE THE ARTIFICIAL TURF. WE CAN I, I THINK WE COULD APPROVE, VOTE TO APPROVE OR DENY, BUT SAY WE APPROVE IT, APPROVE THE UDC, SUBJECT TO THOSE CHANGES SO THAT TOWN COUNCIL CAN GET THOSE. TOWN COUNCIL MAY TOTALLY AGREE WITH IT. DISAGREE WITH EVERY CHANGE THAT WE'VE TALKED ABOUT TONIGHT. THAT'S WHY I WANTED TO FOCUS ON SUBSTANTIVE CHANGES, NOT THINGS THAT ARE ALREADY IN EXISTENCE NECESSARILY SO. SO THAT SO THAT WE KNOW WHAT IS ACTUALLY SUBSTANTIVELY CHANGING IN THE CODE BECAUSE OF THIS, THIS REWRITE. AND THEY MAY NOT AGREE WITH WITH ALL THESE THINGS, BUT I THINK IT'S EASY, YOU KNOW, LIKE FOR INSTANCE, ACCESSORY BUILDINGS MUST BE SIMILAR. WELL, THAT'S JUST A WORDING CHANGE. YOU CAN CHANGE THAT BEFORE THE NEXT THING AND POINT OUT TO THE COUNCIL THAT THAT WAS A CHANGE THAT WE ASKED FOR. BUT YOU KNOW, WHAT WE DO WITH JELLYFISH LIGHTING OR SOMETHING IS REALLY CAN JUST BE A RECOMMENDATION THAT WE MAKE. AND AND THOSE IT COUNCIL DOES WHATEVER IT WANTS TO MORE THAN LIKELY WHATEVER THAT RECOMMENDATION AS IT RELATES TO LIGHTING IS GOING TO MEET WITH THE SAME OPPOSITION FROM ONE SIDE OR THE OTHER ON COUNCIL TOO. SO THAT'S WHY WE HAVE VOTES, I GUESS. SO COMMISSIONER WHAT I WOULD WOULD RECOMMEND IS, IS WHAT YOU SAID AND WE COULD MAKE THOSE CHANGES TOMORROW. WE CAN ACTUALLY EVEN EMAIL THEM OUT TO Y'ALL. YOU CAN SEE HIM AND GET A CRACK AT IT BEFORE IT ACTUALLY GOES TO THE COUNCIL. SO THAT WAY WE WE WILL HAVE CHANGED IT TO TO WHAT Y'ALL THINK IT SHOULD BE. THE ONE EXCEPTION IS THAT LIGHTING PIECE. AND I WOULD PULL THAT OUT FRANKLY, AND LET US WORK ON THAT AND COME BACK AND WE'LL TELL [01:20:07] THE COUNCIL THAT THAT'S EXACTLY WHAT HAPPENED, THAT, YOU KNOW, WE THINK THERE'S GOING TO BE A LOT OF DISCUSSION ON THEIR PART, TOO. AND THEY MAY SAY, NO, PUT IT BACK. AND IF THEY DO, THEY DO. BUT JUST THE LIGHTING, JUST THAT THE WHOLE SECTION ABOUT THE LIGHTING, THERE WERE SEVERAL THINGS Y'ALL WERE ASKING ABOUT THAT I WOULD, YOU KNOW. SUMMER. YES. SUMMER. NO, JUST JUST DEPENDING ON ON WHAT I WAS HEARING FROM Y'ALL. IF IT'S JUST THE JELLYFISH, THAT'S FINE. BUT I THINK THERE'S SOME OTHER PIECES IN THE LIGHTING TOO. YOU'RE TALKING ABOUT THE LEDS YOU WERE TALKING ABOUT ARE IF THEY'RE BLINKING OR THEY'RE NOT BLINKING AND THEY'RE CHRISTMAS LIGHTS YEAR ROUND AND ALL OF THOSE THINGS. AND SO I'M THINKING MAYBE WE JUST PULL THAT OUT AND REFINE THAT AND BRING IT BACK SEPARATELY. AND THAT WAY IT DOESN'T CAUSE EVERYTHING ELSE TO, TO TO BE OUT IN, IN LIMBO. THE OTHER THINGS I AGREE THEY'RE VERY SIMPLE TO FIX, BUT THAT ONE'S GOING TO BE A LITTLE BIT HARDER TO COME UP WITH SOMETHING THAT WE WOULD BE ABLE TO PUT TOGETHER THAT ALL OF Y'ALL WOULD BE COMFORTABLE WITH. THE ONLY OTHER ONE I WOULD THINK IS THE POINT BASED SYSTEM THAT WE WERE TALKING ABOUT WITH ADDED WITH A MENU OF ITEMS OF INCENTIVES THAT MAY, THAT MAY NEED MORE DISCUSSION WITH THE STAFF TO DECIDE WHAT'S AND SOME NUANCING TO, TO MAKE THAT WORK. YEAH, I'D BE FINE WITH PULLING THAT OUT TOO. AND WE'LL JUST COME BACK WITH AN ACTUAL POINT BASED SYSTEM THAT HAS A MATRIX THAT YOU COULD ACTUALLY APPROVE AT ANY TIME THAT COULD FIT BACK INTO THE CODE. IT WOULDN'T. THE CODE ISN'T GOING TO BE MADE OR BROKEN WITHOUT THAT. ONE OTHER OPTION. I WOULD SAY TOO, IS THAT WE CAN APPROVE IT JUST AS IT IS. I MEAN, YOU'VE GOT ONE INCENTIVE IN THERE. IT MAY NOT BE ENOUGH TO DO ANYTHING, BUT THEN WE ALWAYS ADD AMEND IT TO ADD MORE INCENTIVES, BECAUSE THAT'S ALL I KNOW. WE'RE WANTING TO MOVE THIS ALONG, GET THE UDC TO THE COUNCIL AND STUFF. AND SO I'M JUST TRYING TO FIND A WAY TO GET IT THERE WITHOUT A WHOLE LOT OF, OF LANGUAGE BEING PULLED. SURE. YOU HAVE TO COME BACK TO US NECESSARILY IF IT DOESN'T NEED TO. SOUNDS LIKE YOU HAVE A MOTION. I CAN MAKE A MOTION. YOU YOU DON'T HAVE TO STAND THERE. I'M SORRY. WELL, NOW, I REALLY NEEDED HIM TO STAND THERE, SO. NO, I'M KIDDING, I JUST I'M JUST KIDDING. WE ALREADY CLOSED THE PUBLIC HEARING. SORRY. DO WE DO WE HAVE A CONSENSUS UP HERE ON WHAT TO DO WITH JELLYFISH LIGHTING? I THINK WE WERE PULLING. NO. WE'RE PULLING. WELL, YEAH, SURE. BUT OUTSIDE OF THAT, I MEAN, IF WE WERE TO I'M SAYING, DO WE HAVE A CONSENSUS WHERE WE COULD ACTUALLY MAKE A RECOMMENDATION ON THAT TOPIC VERSUS PULLING IT? AND PERHAPS THAT'S A DISCUSSION FOR ANOTHER DAY. I THINK IT'S A DISCUSSION FOR ANOTHER DAY, BECAUSE I THINK THERE'S MORE INVOLVED IN IT THAN THAN WHAT WAS LISTED. WE CAN FIND OUT BASED UPON THE MOTION THAT'S MADE. I SUPPOSE THERE'S A CONSENSUS OR NOT. JUST SO YOU KNOW, THE STAFF'S FINE EITHER WAY YOU GO ABOUT IT. ALL I'M SAYING, I THINK IT'S GOING TO BE MORE DIFFICULT FOR STAFF TO COME UP WITH A CONSENSUS OF THE LIGHTING SECTION THAT WE THINK THE MAJORITY OF THE COMMISSION WOULD VOTE FOR. I MEAN, THAT'S THE GOAL, NOT SOMETHING YOU'D VOTE AGAINST. AND SO I THINK THAT ONE IS IS THE MOST DIFFICULT OF THE THINGS WE'RE TALKING ABOUT. I'M NOT SUGGESTING YOU AUTOMATICALLY DO IT IF YOU DO HAVE A CONSENSUS OF WHAT YOU THINK, THAT'S GREAT. BUT BUT THAT WAS THE ONLY REASON I SAID PULL THAT ONE IS BECAUSE I THINK IT'D BE HARD FOR US TO FIX SOMETHING, WHEREAS THE OTHERS, I THINK, ARE ALL PRETTY EASY. SO. I'LL MAKE A STAB AT IT MOTION IF YOU WANT. IF YOU'RE READY, MR. CHAIRMAN, I'M READY. OKAY, WELL, THEN I MOVE THAT WE APPROVE THE UDC AS PRESENTED TONIGHT WITH SUBJECT TO CERTAIN CHANGES THAT WE REMOVE THE REFERENCES TO JELLYFISH, THE PROHIBITIONS ON JELLYFISH AND LED LIGHTING TO FOR FURTHER CLARIFICATION AND WORK PRESENTATION LATER THAT A DEFINITION FOR TRANSIENT RENTAL BE ADDED. THAT CLARIFICATION ON THE LAWS RELATING TO MOBILE FOOD TRUCKS. BE CLEAR THAT THOSE BE CLARIFIED WITH LEGAL THAT THE THE PROHIBITION OF ARTIFICIAL TURF IN DOWNTOWN BE REMOVED, THAT THE LANGUAGE IN 14 0407 ABOUT ACCESSORY BUILDINGS SHOULD BE CHANGED TO BE PROHIBITIVE, [01:25:01] MUST BE SIMILAR TO AND CHANGE THE MAY TO MUST AND AND EITHER NOW OR LATER THAT WE CLARIFY THE INCENTIVES TO THE POINT BASED SYSTEM. WE CAN ENHANCE THE POINT BASED SYSTEM. IT NEEDS TO BE ENHANCED LATER, BUT WE APPROVE IT SUBJECT TO THOSE CHANGES. IS IT REMOVAL OF THE JELLYFISH LIGHTS OR PULLING THAT, PULLING THAT CHAPTER, PULLING THAT SECTION, PULLING TO PULL THAT CHAPTER. BUT WE ALSO HAVE TO BUT THE LED LIGHTING WAS IN A SEPARATE SECTION THAT CHAPTER THREE. AND SO THERE'S GOT TO BE SOME CONNECTION. YES. CHAPTER THREE OF OF THE BUILDING REGS. JELLYFISH LIGHTING WAS OVER IN THE 14 IN FORT ZONING REGS. SO JUST SO IT PULLS IT OUT A LITTLE BIT. YES. GOT IT. ALRIGHT. SO WE HAVE A MOTION BY COMMISSIONER BLANSETT. DO WE HAVE A SECOND. SECOND. WE HAVE A SECOND FROM COMMISSIONER HAMILTON. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. MOTION CARRIES SIX ZERO FOR APPROVAL. BASED OFF OF ALL THOSE THINGS THAT HE JUST SAID THAT I DON'T WANT TO REPEAT. THE NEXT ITEM ON THE AGENDA IS TO REVIEW ACTIONS TAKEN BY THE [6. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.] TOWN COUNCIL, AND POSSIBLY DIRECT TOWN STAFF TO SCHEDULE TOPICS FOR DISCUSSION AT A FUTURE MEETING. ALL RIGHT. SO AT THE PREVIOUS TOWN COUNCIL MEETING ON THE 28TH THE UDC AND THE WAS TABLED AND THEN THE NOTICE OF APPEALS WAS APPROVED UNANIMOUSLY. UPCOMING ON THE NEXT WEEK, ON THE NOVEMBER 11TH AGENDA. THERE'S THE. WELL, ACTUALLY, THE ORDINANCE AND DEVELOPMENT AGREEMENT WILL BE ON THE 25TH. AND THEN THE NOTICE OF APPEALS, THE PLAN DEVELOPMENT FOR WHICH YOU GUYS SAW A MONTH AGO OR SO, AND THEN THE UDC THAT YOU SAW TONIGHT. AND THEN FOR FUTURE PNC COMMISSION ITEMS THE CONSENT AGENDA IS STILL BEING WORKED OUT, AND WE DO NOT HAVE ANY ZONING CASES THAT ARE READY TO BE NOTICED AT THIS TIME. SO I DOUBT THERE WILL BE A ZONING CASE ON THE AGENDA FOR THE 18TH. AND DO YOU FORESEE SO YOU DO FORESEE SOMETHING ON THE CONSENT? MOST LIKELY, YEAH, THERE WILL PROBABLY BE CASES FOR THE CONSENT, BUT I DOUBT THERE'S ANYTHING ON THE REGULAR AGENDA. OKAY. ANY QUESTIONS FOR TOWN STAFF ON THIS. APPRECIATE IT. I DO WANT TO WANT TO JUST SAY ONE THING. SO WE DO HAVE THE WORK SESSIONS. AND WE DO HAVE SOME OPPORTUNITY WITH FOLKS GETTING IN IF WE WERE TO PUSH BACK THE MEETING BY 30 MINUTES. SO TO START THE WORK SESSIONS AT, AT AT SIX AND THEN START THIS AT 630 IS NOT SAYING WE DO IT FOR THE NEXT ONE, BUT LIKE FOR JANUARY, WE START THINKING ABOUT HOW WE DO THINGS DIFFERENT TO MAKE SURE THAT WE CAN ACCOMMODATE ALL THE COMMISSIONERS WOULD THAT BE AN ISSUE FROM A STAFF PERSPECTIVE? IT'S NOT GOING TO BE AN ISSUE FROM THE STAFF'S PERSPECTIVE. I JUST NEED TO MAKE SURE IT'S NOT IN THE CHARTER OR SOMETHING IN THERE. AS FAR AS A FIXED TIME, I YOU KNOW, COUNCIL DOESN'T START TILL 615. I DON'T KNOW IF THOSE ARE JUST POLICIES AND TRADITION OR IF THERE'S SOMETHING ELSE OUT THERE. WE'LL LOOK AND SEE. I KNOW WE'VE DONE IT OCCASIONALLY. WE'VE WE'VE PUSHED THINGS BACK AND WE DIDN'T GET ANY PUSHBACK WHEN WE DID IT. SO I'M ASSUMING IT'S PROBABLY OKAY, BUT I JUST I DON'T WANT TO TELL YOU. ABSOLUTELY. AND THEN HAVE TO COME BACK AND SAY, WELL, YOU KNOW, I READ THE RULES AND WE CAN'T DO IT. BUT YEAH, FROM OUR PERSPECTIVE, I WE'RE FINE WITH THAT. IF YOU CAN LOOK INTO THAT, JUST LET US KNOW THE REASON WHY. AS WE HAVE NEW COMMISSIONERS AND AND THEN FOLKS TRAVELING LIKE, YOU KNOW, COMMISSIONER CARSON, COMING FROM THE OTHER SIDE OF TOWN TRYING TO GET HERE, GET GETS KIND OF TOUGHER AND TOUGHER. RIGHT. COMMISSIONER DANIEL, TO EVEN THE SUMMERTIME WHEN SCHOOL IS OUT AND THE TEACHERS AREN'T OUT, BUT, YOU KNOW, IN THE WINTER AND EVERYTHING'S A LOT BUSIER, SO. SURE. THANK YOU. OF COURSE. ALRIGHT. THAT LAST ITEM ON THE AGENDA IS TO ADJOURN. I'LL ENTERTAIN A MOTION TO ADJOURN UNLESS EVERYONE WANTS TO STAY. MOVE TO ADJOURN. WE GOT A MOTION FROM COMMISSIONER HAMILTON. I'LL ENTERTAIN A SECOND. SECOND. SECOND FROM COMMISSIONER FERRY. ALL THOSE IN FAVOR, RAISE YOUR HAND. MOTION CARRIES SIX ZERO. WE ADJOURN. AT WHAT TIME IS IT? 733. THANK YOU. * This transcript was compiled from uncorrected Closed Captioning.