1. Hold a Public Hearing, consider, and act upon, the writing of an ordinance for a change in zoning from Commercial Corridor (CC) to Commercial Corridor - Special Use Permit (CC-SUP) on 1.074 acres to allow for a drive-through restaurant use. Property located at 2806 W. FM 544 (ZC 2023-19).

[1. Hold a Public Hearing, consider, and act upon, the writing of an ordinance for a change in zoning from Commercial Corridor (CC) to Commercial Corridor - Special Use Permit (CC-SUP) on 1.074 acres to allow for a drive-through restaurant use. Property located at 2806 W. FM 544 (ZC 2023-19).]

ITEM NUMBER ONE IS TO HOLD A PUBLIC HEARING. CONSIDER AND ACT UPON THE WRITING OF AN ORDINANCE FOR A CHANGE IN ZONING FROM COMMERCIAL CORRIDOR CC TO COMMERCIAL CORRIDOR. SPECIAL USE PERMIT CCS UP ON 1.074 ACRES TO ALLOW FOR A DRIVE THROUGH RESTAURANT USE PROPERLY LOCATED AT 28 06 WEST FM 544 ZONING CASE . 20 23-19, MR HASKINS. THANK YOU, MAYOR. MEMBERS OF COUNCIL.

UM FOR THIS, UH, SUP. THE APPLICANT IS ASKING TO TAKE WHAT WAS THE OLD CHURCHES, UM, BUSHES . I'M SORRY. CHURCHES. BUSH'S CHICKEN, UM RESTAURANT AND IS NOW A HEEL 360 RESTAURANT, AND THEY ARE ASKING TO ADD A, UM, ADDITION TO THAT BUILDING. AND THEN, UM, USE THAT ADDITION FOR A DRIVE THROUGH QUICK SERVICE RESTAURANT. UM THE REASON THAT THIS IS AN SUP, EVEN THOUGH IT WAS ALREADY A DRIVE THROUGH WITH THE BUSHES IS BECAUSE THE BUSHES CHICKEN WAS APPROVED BEFORE, UM, THE ZONING ORDINANCE WAS CHANGED THAT ALLOWED FOR, UM, DRIVE THROUGH RESTAURANTS, AND IT

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BECAME A USE WITH THE HEEL 360 THAT HAD NO, UH, DRIVE THRU REQUIREMENTS WHATSOEVER. SO THAT'S WHY THIS IS BEFORE YOU THIS EVENING. UM WITH THE ADDITION. UM THE, UH, PROPERTY STILL MEETS ALL THE LANDSCAPING REQUIREMENTS, PARKING REQUIREMENTS AND SUCH AS, UH, REQUIRED AND ONE OF THE SUP CONDITIONS IS THAT, UM, THE SITE PLAN? UM, THE ZONING EXHIBIT THAT YOU SEE BEFORE YOU ALSO ACT AS THE SITE PLAN, UM, FIRE ENGINEERING PLANNING. ALL THE REGULAR STAFF HAS REVIEWED IT AND IT DOES MEET ALL THE REQUIREMENTS. UM, WE DID MAIL OUT, UM 15 UM, NOTIFICATIONS TO PROPERTY OWNERS WITHIN 200 FT. UM THE PROPERTY OWNER THAT WAS IN OPPOSITION IS THE SELF STORAGE THAT IS JUST TO THE EAST OF THIS. UM AND THAT'S IN YOUR POCKET, AND THE COMMISSION OF PNZ COMMISSION DID VOTE 60 TO RECOMMEND APPROVAL. AND WITH THAT, I'LL BE MORE THAN HAPPY TO TAKE ANY QUESTIONS. I DO NOT BELIEVE THE APPLICANT IS HERE THIS EVENING. OK? COUNCILMAN MACI. THANK YOU VERY MUCH, MR. MAYOR. UM COUPLE OF QUESTIONS AS I SAID HE 036 RESTAURANT I. I BELIEVE THIS IS THE URGENT CARE, ISN'T IT? YES. YEAH, IT'S A HILL 360, BUT THEY WANNA ADD A RESTAURANT TO IT. SO THEY WANT BE AN URGENT CARE AND A RESTAURANT ON THE BACK. THEY'D HAVE TWO USES IN THE SAME BUILDING AND THEY ARE BUILDING A APARTMENT. THEY'RE ADDING THEY'RE ADDING SIX SPACES WORTH OF PARKING TO THE RIGHT OF TO THE RIGHT SIDE. YES SIR. AND THAT WON'T HINDER ANY OF THE TRAFFIC BEING THAT YOU WILL TAKE ONE OF THE TWO LANES THAT CURRENTLY HAS GONE ON THE DRIVE-THROUGH. THEY ARE USING, UH, THEY'RE ACTUALLY GOING TO ELIMINATE ONE OF THE TWO PARKING OR ONE OF THE TWO DRIVE THROUGH LANES IN ORDER TO ADD THE ADDITION. I GUESS THE KITCHEN SPACE WILL BE IN ONE OF THE EDITIONS HAS THE KITCHEN SPACE BEEN REMOVED FROM THE URGENCY? URGENT CARE WAS WAS REMOVED WHEN THEY WERE ADDING TO THE EXTRA SPACE THAT THEY'RE BUILDING. AND THERE IS ENOUGH IS THERE INSIDE SEATING. IS IT MOSTLY JUST DRIVE THROUGH NO INSIDE SEATING AT ALL? WE HAVE REGISTERED IT AS A DRIVE THROUGH IN THE APPLICANT. UM AND THE PARKING IS GOOD. AS FAR AS INSIDE THE BUILDING. THE APPLICANT HASN'T UM, PRESENTED ANYTHING TO STAFF TO REVIEW AT THIS POINT. THAT'S MY ONLY CONCERN. IF IT DOES MEAN THAT IT'S AN URGENT CARE. HYPOTHETICAL. YOU HAVE TWO OR THREE EMPLOYEES. WITH TWO OR THREE CLIENT SEEING YOU AT THE SAME TIME, THERE WOULD BE NO PARKING SPACE FOR ANYBODY TO COME IN THROUGH THERE. SO YOU WOULD HAVE TO DOUBLE PARK OR GO TO OFFSIDE PARK. WELL, I UNDERSTAND YOUR CONCERN. COUNCILMAN LEE. I WILL SAY THAT THE ADDITION OF THE SIX PARKING SPACES DOES, UM ALLOW THE SITE AS PRESENTED TO MEET OUR REQUIREMENTS IF IN THE ZONING ORDINANCE OK, AND I HAD A I HAD A QUESTION THAT WAS SOMEWHAT RELATED, UM, WITHOUT KNOWING IF THERE'S GOING TO BE AN INTERIOR USE, OBVIOUSLY, WITH THE URGENT CARE, UH, THERE ARE CURRENTLY IF I'M READING THIS CORRECTLY, THEY'RE CURRENTLY TWO AD A SPACES FOR THE BUILDING THAT THERE WOULD BE NONE ADDED OUT OF THE SIX. FEDERAL LAW REQUIRES, UM ONE OR 21 SPACE. EVERY 25 FT. AND SO THE TWO SPACES DO, UM MEET FEDERAL LAW. I UNDERSTAND THAT MY CONCERN IS JUST IF THERE'S THERE MAY BE THEY ARE TWO BUSINESSES THAT WOULD BE IN THERE. AND WITH THE INTERIOR SETTING, THERE'D BE PARKING FOR THE EMPLOYEES. BUT IF NOT, WITH AN URGENT CARE THAT TENDS TO ATTRACT INDIVIDUALS WHO MAY HAVE A HIGHER USAGE THAN A DIFFERENT BUSINESS WHEN IT COMES TO THOSE SPOTS. SO UH, WITH THIS BEING AN SUP, WE CAN ALWAYS ADD, UM ADD A PANIC AN EXTRA HANDICAP SPACE AS A CONDITION. OK IF YOU'D LIKE. SO I WILL. I WILL TURN IT TO COUNCILMAN WILLIAMS. THANK YOU, MAYOR. UM OK, SO I'VE GOT A COUPLE OF THINGS A LONG COUNCILMAN, UH, MALE'S POINT. SO THAT 2700 SQUARE FOOT THAT'S 27 2700 SQUARE FEET OF RESTAURANT.

DRIVE THROUGH RESTAURANT. YES, SIR. OK, AND THAT IS HOW MANY SPACES PER 100 200 WAS THINKING THAT IT WAS LIKE 150. I BELIEVE OFF THE TOP OF MY HEAD. BECAUSE WHEN I'M LOOKING AT HOW MANY SPACES APPEAR TO BE ON THE PLAN, AND I'M LOOKING AT 3000 FT OF EMERGENCY CENTER. AND TRYING TO CALCULATE OUT BECAUSE THAT'S NOT OFFICE SPACE. WHAT THAT USE ENDS UP BEING THEN ADDING A 2700 SQUARE FOOT. DRIVE THROUGH RESTAURANT. YEAH I HAVEN'T DONE THE MATH, BUT IT LOOKS LIKE THEY THE PARKING CALCULATIONS ARE I'M SORRY. I DIDN'T MEAN TO YOU. GO AHEAD. I WAS GONNA SAY THE PARKING CALCULATIONS ARE ON THE SITE PLAN. UM MEDICAL IS 1 TO 300, WHICH REQUIRES 10 AND THE RESTAURANT DRIVE-THROUGH IS 1 TO 150, WHICH WOULD REQUIRE, UM BASICALLY 19 WHEN YOU ROUND UP AND THAT'S 29, AND THEY ARE PROVIDING 29 SPACES OK, AND THE 1 TO 300 IS DEFINED IN OUR ORDINANCE AS WHAT'S THE VARIANCE THERE? BECAUSE THE CALCULATIONS WERE BASED ON THE 300 NOT THE

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100. IF IT WAS BASED ON THE 100, THERE'D BE 30. SO WHAT? IN OUR I'M NOT FOLLOWING YOU. I'M SORRY. YOU SAID IT'S UM 10. IT IS ONE PER 300. YOU DIDN'T SAY 12 300. I GOT YOU II. I HEAR YOU . I THOUGHT YOU SAID IT'S A VARIABLE. I WAS TRYING TO FIGURE OUT NO, NO, SORRY. VARIABLE MAKES SENSE. OK UM, IF YOU SAY IT'S GOOD, I'M GOOD WITH THAT. THE OTHER QUESTION I HAD IS THAT DRIVE THROUGH BEING THAT WE HAVE A 12 FT. WIDE DRIVE THROUGH AND WE'RE WE'RE CROSSING OVER INTO A FIRE LANE. THAT'S PROBABLY MY BIGGEST CONCERN. SAME THAT WE HAD ON ANOTHER ONE OF OUR, UM, ZONING CASES THAT CAME IN FRONT OF US. WITH BIG TRUCKS AND THAT CORNER IS PROBABLY GONNA BE MY HANG UP OF WANTING MORE CLEARANCE THERE. UM OK, JUST NOT FEELING COMFORTABLE SAYING THAT'S OK AS SOMEONE COMES OFF OF THAT STREET. AND GETS THEIR MOMENTUM INTO WHERE THEY'RE GOING, AND PEOPLE ARE COMING AROUND THAT CORNER IN THAT DRIVE-THROUGH BECAUSE THE PICTURE OF THE BOX OF THE CAR IS NOT RELATIVE TO A LOT OF VEHICLES. TODAY. AND THAT OVERHANG OF THAT FRONT END AS YOU CLEAR A DRIVE THROUGH THE AMOUNT OF VEHICLE THAT HANGS OVER THAT WHAT YOUR WHEELS CAN ACTUALLY TURN. IT'S PRETTY SUBSTANTIAL. SO THAT'S MY THAT'S MY POINT THAT I WOULD WANT TO LOOK AT THOSE NUMBERS MORE CLEARLY BEFORE I WAS WILLING TO SAY. OK, DO IT MYSELF. OK, WE ARE OK WITH DOING THAT, UM OBVIOUSLY, IF I CAN'T. TELL YOU WHAT WE WERE THINKING. UM, WHEN WE WERE LOOKING AT THIS IS THAT YES, WE AGREE THAT, UM YOU KNOW, THE STACKING, UM IN COULD HAPPEN INTO THE FIRE LANE. IF YOU WERE COMING FROM FREDDY'S BUT THE WAY THE SITE'S DESIGNED VERY SIMILAR TO SAY, UM WELL, NOT REALLY. SO I'M GONNA TAKE THAT PART BACK, BUT WE WERE LOOKING AT PEOPLE COMING BASICALLY NORTH OR SOUTH SOUTH OFF OF AND THEN THEY WOULD YOU KNOW, THEY COULD PARK THERE AND OR NOT PARK THERE, BUT THEY WOULD BE STACKING THERE AS FAR AS THE STACKING REQUIREMENTS. AND UNDERSTANDING THAT PEOPLE CAN COME FROM DIFFERENT DIRECTIONS. I WASN'T TALKING ABOUT THE STACKING I I'M TALKING ABOUT IF PEOPLE COME SOUTH OFF OF 544 AND GO AROUND THE BACK OF THE BUILDING OK AS THEY'RE TRAVELING AND SOMEONE IS COMING THROUGH THE DRIVE THROUGH THEIR FRONT END OF THEIR VEHICLE IS GONNA POSSIBLY CLIP THAT PERSON WHO'S MOVING AT A HIGH RATE OF SPEED. OK? IF I'M UNLESS I'M LOOKING AT THE DRAWING WRONG UM, LET ME LOOK AT THE BOXES REAL QUICK. I BELIEVE THAT OUR, UM A LASER TO POINT AT IT. I ALL I CAN SAY IS THAT ENGINEERING HAS LOOKED AT THIS AND USUALLY THOSE BOXES THAT YOU SEE ARE NOT UM NOT SMALL CARS. THEY'RE THEY'RE 10 BY TWENTIES. AND SO WE LOOK AT YOU KNOW, MOSTLY, UM LARGER THAN AVERAGE SIZE VEHICLES, BUT NOT NECESSARILY THE BIGGEST VEHICLE THAT YOU COULD POSSIBLY THINK OF TAKING THROUGH THERE. DEFINITELY UNDERSTAND, OK. I'M WITH YOU, I, I THOSE ARE THE NUMBERS Y'ALL WERE. I'M JUST TELLING YOU MY ONLY CONCERN IN IT, BUT, UM UH, IF YOU SAY THE ENGINEERS SAY THAT IT'S NOT GONNA HAPPEN AND I CAN'T SAY IT'S NOT GONNA SAY IF IT CAN'T HAPPEN, IT, WILL IT RIGHT. THEY'LL PROBABLY HAVE BOARDS UP. I MEAN, AND AGAIN. THIS IS AN SUP. AND THEY'RE ASKING FOR THE SITE PLAN. NOW, IF YOU'RE NOT, UM IF YOU WANT STAFF TO TAKE ANOTHER LOOK AT THAT WE CAN TAKE THAT CONDITION OUT AND SAY THAT YOU KNOW WHAT THEY HAVE TO RESUBMIT AS A SITE PLAN AND GO BACK TO P AND Z WITH THE BOARDS. THERE MIGHT BE THE SOLUTION, YOU KNOW, ASSUMING THAT WITH THEM UP, THE VEHICLES CAN GET THROUGH THE DRIVE THROUGH AND NOT GET HALFWAY IN AND GET STUCK BECAUSE THEY'RE UP OR, YOU KNOW, HOWEVER, THAT MATH WORKS. MY ONLY CONCERN IS THE SAFETY OF CITIZENS COMING ON THAT SOUTHBOUND LINE. YES, SIR. I UNDERSTAND. YOU'RE WELCOME. OK, COUNCIL MEMBER MEIC? YEAH. I JUST WANTED TO ADD 2000 WILLIAMS. DRIVE THROUGH THROUGH IT. YOU'RE GOING UP WHERE? ON BOTH SIDES. YOU GOT A CAR COMING DOWN, AND THEN YOU GOT A CAR COMING UP THIS WAY. SO THIS IS THE LANE AND THEN YOU COME IN THROUGH DRIVE THROUGH. BASICALLY WHEN YOU GET THROUGH TO THE WINDOW AND YOU'RE ABOUT TO PAY ALL THE WAY IN THE CORNER. ARE YOU HAVING TO GO RIGHT IN FRONT OF BUSH'S CHICKEN AND TURN ALL AROUND THE BUILDING TO GET OUT WHERE? HOW WE'RE COMING OUT? YOU WOULD JUST GO STRAIGHT. I MEAN, I'M ASSUMING YOU WOULD JUST GO STRAIGHT OUT TO 544. THERE IS A TWO WAY STREET, THOUGH, WHICH ONE WAY IS COMING THIS WAY, AND WE GOT CARS COMING FROM FROM 544 DOWN HERE. I, AND THAT'S ONLY BECAUSE IT'S THAT IT'S THAT PARTICULAR LANE IS THAT WIDE AND IT, UM A LOT OF TIMES. THOSE ESCAPE LANES ARE ONLY 12. SO YOU ONLY HAVE ONE DIRECTION GOING, BUT BECAUSE IT'S 24. IT IS A DUAL LANE. ONE THING THAT WE CAN ALSO ASK THEM TO DO IF YOU'D LIKE. I DON'T KNOW IF THIS IS WHAT OFFER YOUR SOLUTION, BUT WE CAN HAVE THEM PUT A CURB. ONCE YOU GET AROUND THE DRIVE THRU PUT A CURB MOST OF THE WAY DOWN, AND THAT WOULD KIND OF SEPARATE THE TRAP THAT WOULD KEEP SOMEBODY FROM JUST POPPING OUT. AND AT LEAST PAYING ATTENTION. I HONESTLY WOULD BE MORE COMFORTABLE THAN MAKING THE DRIVE THROUGH COMING DOWN INSTEAD OF GOING UP. GOING IN

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FROM 544 CIRCLING AROUND THE BUILDING AT THE BACK OF THE BUILDING, HAVING THE WINDOW FOR THE DRIVE THROUGH INSTEAD OF HAVING IT TOWARDS 544. JUST BECAUSE YOU GOT BOTH LANES GOING ON THE OPPOSITE DIRECTIONS AND YOU'RE COMING UP WITH A CAR ON THAT SIDE. I THINK CHANCES OF AN ACCIDENT AT RIGHT THAT CORNER. IT'S BIGGER THAN WHAT I WOULD ANTICIPATE BEING BECAUSE BOTH LANES ARE NOT ARE TOTALLY OPPOSITE OF WHERE THE CARS ARE GOING. CORRECT FOR COMING DOWN.

WHEN THE SHAPE YEAH. SO THE WINDOW WOULD BE AT THE RIGHT HAND SIDE, TOO, SO THAT WOULD EVEN WORK RIGHT? THAT'S MY CONCERN. OK? MISS ALI. COUNCILMAN IF I UNDERSTAND YOU CORRECTLY, YOU SAY YOU WOULD RATHER HAVE THE DRIVE COMING SOUTH. WELL THAT'S OPPOSITE.

THAT'S THE WRONG SIDE OF THE CAR. YEAH. OK? WELL THIS IS A PUBLIC HEARING, SO I WILL GO AHEAD. AND OPEN A PUBLIC HEARING ON THIS ITEM, IF ANY MEMBER OF THE PUBLIC IS PRESENT WOULD LIKE TO SPEAK ON THIS. WE'D ASK THAT YOU STEP FORWARD AT THIS TIME. OK, MISS STORM, PLEASE LET THE RECORD REFLECT THAT NO ONE STEPPED FORWARD TO SPEAK DURING THE PUBLIC HEARING. SO WITH THAT I WILL CLOSE THE PUBLIC HEARING. AND OPEN IT BACK UP. IF COUNCIL HAS, UH ADDITIONAL QUESTIONS OR COMMENTS. COUNCILMAN WILLIAMS. THANK YOU, MAYOR. UM ONE THING, I THINK, UH, MR HASKINS THAT WOULD END UP WORKING REALLY WELL. UM AND LOOKING AT IT. AND I'M OPEN TO IT IS LOOKING AT SOME OF THE OTHER, UM RESTAURANTS AROUND AND HOW THEY'VE DONE TRAFFIC FLOW AND LOOKING AT THAT SIDE ON THAT SIDE, IF IT IF THEY WERE TO HAVE TO CIRCLE THE BUILDING TO END UP BEING ONE WAY AROUND. IT LOOKS LIKE THAT MIGHT SOLVE THAT PROBLEM. UM WHICH WOULD WHICH WOULD LINE UP WITH A AS YOU EXIT . YOU'RE EITHER GOING TO GET ON 544, OR YOU'RE GONNA GO LEFT IN WHICH YOU'RE GONNA GO OUT A DIFFERENT DIRECTION OR BACK AROUND THE BUILDING. UM SO THAT YOU WOULD COME ONE WAY TO THE LEFT. YOU CAN GO IN THE DRIVE THROUGH OR AROUND THE BUILDING.

BUT THAT YOU WON'T WOULDN'T HAVE THAT TWO WAY TRAFFIC. ON THE RIGHT SIDE, BUT YOU WOULD HAVE THE TWO WAY TRAFFIC COMING OFF OF 544 BOTH DIRECTIONS. I'D HAVE TO WORK WITH THE CITY ENGINEER ON WHAT THE BEST SOLUTION IS, BUT ONE OF THE THINGS WE COULD ASK THEM TO DO AND I CAN'T DRAW IT UP THERE. BUT IF YOU CAN IMAGINE A KIND OF SOMETHING LIKE THAT, RIGHT THERE WHERE IT WOULDN'T ALLOW PEOPLE TO COME THIS WAY. I KNOW WE CAN JUST MAKE THAT PART OF THE REQUIREMENT. IF THAT'S ANYTHING LIKE THAT WOULD BE GREAT. ANYTHING JUST TO CONTROL THAT.

AREA FROM GETTING MULTIPLE DIRECTIONS AND PEOPLE BECAUSE PEOPLE HAVE NO PATIENCE AS WE KNOW. THANK YOU. YOU'RE WELCOME MY QUESTION ON THAT WITH THE INDICATED CURVE. DOES IT STILL WORK FOR A FIRE LINE? IF IT DOESN'T HAVE THAT WIDTH. UM BECAUSE I'M GOING TO ASSUME THE SITE REQUIRES A FIRE LINE TO STILL BE ABLE TO WRAP THE BUILDINGS. YEAH, I'D HAVE TO LOOK IF LET ME SEE IF THAT'S IF THAT IS. YEAH, THAT'S FIRE ACCESS. SO THAT WON'T WORK. THE ONE WE COULD LABEL IT ONE WAY. BUT IT HAS TO STAY OPEN. UH, THE MAYOR'S POINTED THAT OUT. IT HAS TO STAY OPEN BECAUSE THAT THAT IS A FILING, RIGHT? RIGHT BUT IN THE ONE WAY THAT'S WHAT I WAS SAYING, YEAH, WITH THE IF THEY HAD THE STUFF ON THE MARKS ON THE PAVEMENT SHOWING AS YOU TURN IN, TURN THIS WAY, YOU KNOW? YEAH, WE COULD HAVE MARKS ON THE PAVEMENT. UM AND, UM, WE COULD STILL HAVE A SMALL CURB THAT THAT GOES ALONG. THE DRIVE THROUGH YOU TO KEEP PEOPLE FROM JUST PULLING, YOU KNOW, STRAIGHT OUT IN IT, ALL RIGHT? CAN YOU WRITE THOSE IN YES. YEAH. WHAT WE'LL DO IS WE'LL HAVE THEM, UM THE APPLICANT. ADJUST THE SITE PLAN. AND SO THAT WAY, UM, WHEN IT COMES BACK FOR THE ACTUAL READING OF THE ORDINANCE IT SHOULD BE SET UP THAT WAY. OK, MAYOR PROTE. THANK YOU, MAYOR. FIRST OF ALL, I. I APPRECIATE THE WORK AND EFFORT THAT'S GONE INTO THIS BECAUSE REBUILDING A SITE THAT'S EXISTED IS KIND OF TOUGH. UM I DO LIKE THE CURB IDEA THAT YOU STATED COMING ALONGSIDE THE ENTRANCE TO THE DRIVE THROUGH FROM BEHIND THE BUILDING ALONGSIDE THE BUILDING, AND THEN THE PLACEMENT OF SOME INDICATORS SAYING, HEY, YOU CAN ONLY GO LEFT OUT OF HERE. YOU CAN'T GO JUMP ACROSS TRAFFIC TO TRY TO COME OUT. I DON'T THINK I FOUND THAT OUT THE HARD WAY AT BLACKROCK COFFEE ACTUALLY HIT THAT CURB IF YOU'VE EVER BEEN THERE, SO I DON'T THINK THAT I DON'T THINK THAT THAT'S THE THAT THAT WILL STOP IT FROM HAPPENING, BUT I THINK THAT IT WILL HELP. THOSE WHO READ SCIENCE AND SEE SIGNS. UM BUT III. I THINK THAT, UH IT'S HARD TO SIT HERE AND SAY IF WE BUILD THIS AND WE BUILD THAT THEY WON'T DO IT BECAUSE I THINK YOU CAN ASK THE LADIES AND GENTLEMEN SITTING BEHIND YOU WITH THE BIG

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SILVER BADGES ON THEY'LL TELL YOU THEY CAN FIGURE IT OUT. YES, AND DO IT. SO, UM I THINK YOU'VE DONE A GREAT JOB AND I APPRECIATE YOUR EFFORTS. THANK YOU. THANK YOU. COUNCILMAN HOOVER UM INSTEAD OF A CURB. YOU COULD PUT THE TURTLES THERE. I'M SORRY. THE TURTLES METAL GERM SPEED BOATS. BASICALLY, YES, SIR. THAT'S STILL IT STILL WOULD GIVE THE ABILITY TO GO THROUGH THAT DRIVE-THROUGH. I WILL TALK TO THE APPLICANT AND THE CITY ENGINEER AND WE'LL COME UP WITH A SOLUTION. RIGHT? YES, SIR. COUNCILMAN WILLIAMS. THANK YOU, MAYOR. ONE MORE THING ON THE, UM FROM MY SCREEN THE LEFT SIDE OF THAT BUILDING. IF YOU NOTICE IT APPEARS THAT THAT SIDEWALK DOESN'T GO AROUND THE BUILDING OR DOESN'T LEAVE A FULL 3 FT, OR 4 FT, DOWN THE SIDE OF THAT BUILDING FROM THE PARKING SPOTS. AROUND THE BUILDING. YES, SIR. SO THAT THEY DEFINITELY NEED TO CUT OFF THE END OF THAT BUILDING. I CAN'T SEE A WAY AROUND. YES, SIR. AROUND THAT.

OK? SO WE HAVE HAD SEVERAL DIFFERENT SUGGESTIONS ABOUT CHANGES THAT COULD BE MADE. UH, TO THE SITE PLAN PORTION WHEN IT WOULD COME BACK TO COUNCIL FOR UM, THIS IS FOR THE WRITING OF AN ORDINANCE FOR THE FINAL APPROVAL OF AN ORDINANCE OF THE ZONING CHANGE. WITH THOSE IN MIND. UH, I WOULD BE OPEN TO A MOTION ON THE ITEM. MAYOR PROTON. THANK YOU. MAYOR I'D LIKE TO MAKE A MOTION TO APPROVE THE SPECIAL USE PERMIT AND SEPARATE THE SITE PLAN FOR RESUBMIT AFTER THE ADJUSTMENTS HAVE BEEN MADE AS WE HAVE DISCUSSED THAT MOTION. OK WE HAVE A MOTION AS STATED. DO WE HAVE A SECOND COUNCILMAN WILLIAMS? I'LL MAKE A SECOND. WE DO HAVE A MOTION AS STATED WITH THE SECOND COUNCIL, PLEASE CAST YOUR VOTES. OK THE MOTION CARRIES 61 WITH COUNCILMAN MILICI AGAINST WITH THAT WE'LL MOVE TO ITEM NUMBER TWO THIS

[2. Hold a Public Hearing, consider, and act upon, the writing of an ordinance for a change in zoning from Planned Development 2020-27 (PD 2020-27) to Planned Development (PD) on 20.433 acres. Property located from 2535-2701 S. State Highway 78 (ZC 2023-20).]

EVENING. WHICH IS TO HOLD A PUBLIC HEARING, CONSIDER AND ACT UPON THE WRITING OF AN ORDINANCE FOR A CHANGE IN ZONING FROM PLANNED DEVELOPMENT. 20 20-27 PD 20 20-27 TO PLAN DEVELOPMENT PD ON 20.433 ACRES PROPERTY LOCATED FROM 25 35-2701 SOUTH STATE HIGHWAY 78 ZONING CASE, 20 23-20 MISTER HASKINS. THANK YOU, MAYOR . MEMBERS OF COUNCIL. UM SO THE APPLICANT IS REQUESTING TO AMEND . UH PD 20 20-27 IF YOU REMEMBER THIS, UH PARTICULAR PD. THE ORIGINAL PD WAS APPROVED IN APRIL OF 2020 THAT HAD MIXED USE. SEE IF I CAN THIS IS THE ORIGINAL SITE PLAN FROM THE OLD PD. UM IT HAD A VERTICAL MIXED USE, UM UH, PART TO IT, UM, THAT INCLUDED COMMERCIAL RESIDENTIAL ON TOP OF THE COMMERCIAL. I BELIEVE IT WAS A FIVE STORY PARKING GARAGE AND HELIPAD AND, UM, SOME OTHER THINGS. UM AND AS WE ARE ALL AWARE FOR WHATEVER REASON, THE, UM, DEVELOPMENT ON THAT PROPERTY HAS STALLED, UM, A COUPLE OF TIMES AND THEN NOW AS PERMANENTLY STALLED, UM, THE PROPERTY HAS SINCE CHANGED HANDS IN THE NEW PROPERTY OWNERS ARE REQUESTING. TO AMEND THE PD, UM IN ORDER TO MOVE ON WITH GETTING THIS PROPERTY DEVELOPED. UM THERE. I'M GONNA THE APPLICANT HAS A PRESENTATION. HE'S HERE THIS EVENING. SO I'M GONNA MAKE THIS KIND OF QUICK FROM, UM, MY PERSPECTIVE ON THE REPORT. BUT THE MAIN PURPOSE OF THE PD AMENDMENTS IS TO SEPARATE, UM, THE MULTIFAMILY COMPONENT AND THE COMMERCIAL COMPONENT LINE THE COMMERCIAL COMPONENT UP ALONG STATE HIGHWAY 78. UM WITH THE RESIDENTIAL, UM MULTIFAMILY BACK BEHIND IT, AND BECAUSE THE TOWN HOME PART IS NOW, UM, OWNED BY SOMEBODY, UH, COMPLETELY DIFFERENT COMPANY. UM THEY WANT TO SEPARATE THEIR CONCURRENCY REQUIREMENTS FROM THE TOWN HOMES BECAUSE ORIGINALLY THE TOWN HOMES HAD TO BE BUILT. I'M SORRY. THE COMMERCIAL PART OF THIS HAD TO BE BUILT BEFORE THE TOWN HOMES COULD BE BUILT AND THEN THAT THAT WAS TIED TO THE MALTA FAMILY, AND THEY JUST KIND OF WANT TO SEPARATE THAT OUT. THEY'RE STILL WILLING TO DO CONCURRENCY REQUIREMENTS WHICH WE CAN GET INTO AFTER THE, UM, APPLICANTS PRESENTATION. WITH THEIR PART OF THE PROPERTY, WHICH IS THE COMMERCIAL ALONG 78. AND THEN THE, UM MULTIFAMILY . UM, THAT'S BACK BEHIND THAT, UM WHEN WE PRESENTED THIS TO PNZ THERE, UM JUST COMMENTS THAT THEY, UM DISCUSSED. WE DID DISCUSS THE APARTMENT DENSITY BECAUSE THEY HAVE ADDED MORE RESIDENTIAL, UM, AND DO HAVE LESS COMMERCIAL AND SO THEIR RESIDENTIAL DENSITY IS A LITTLE BIT HIGHER THAN WHAT WAS OR IS HIGHER THAN WHAT WAS ORIGINALLY REQUESTED. UM AND THEN THE COMMISSIONERS DID ASK, UM, ABOUT THE COMMERCIAL AND WHERE IT WOULD BE IN THE DEVELOPMENT. UM AND DID THEY HAVE USERS AND THEY

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SAID THAT THEY HAD BEEN THEY, UM, APPLICANT HAD MENTIONED THAT THEY WERE WORKING WITH THE E DC.

ULTIMATELY THE COMMISSION DID VOTE 60 TO RECOMMEND APPROVAL. UM WITH THAT. I'D LIKE TO GO AHEAD AND TURN IT OVER TO THE APPLICANT. IF THAT'S OK, MAYOR FOR THE PRESENTATION FIRST.

PERFECT. GOOD EVENING, MAYOR. MEMBERS OF THE COUNCIL, UM, HERE TO PRESENT OUR, UH, COMMUNITY S SILVER LAKE STATION ON HIGHWAY 78. AS JASON MENTIONED THE PREVIOUS DEVELOPER, UH, INTENDED TO DEVELOP A MIXED USE DEVELOPMENT ON THE SITE. UM HE STALLED OUT AND THE PROPERTY HAS BEEN LEFT WITH MOUNDS OF DIRT ON IT. UM SO WE'VE WE'VE SORT OF INHERITED THIS PROPERTY WITH THE STALLED OUT DEVELOPMENT ON IT. UM, I THINK THERE WERE CERTAINLY ISSUES WITH THE DEVELOPER. WE FEEL THAT ONE OF THE ISSUES WITH THE PREVIOUS DEVELOPER IS THAT THE PLAN THAT HE HAD WAS UNREALISTIC AND DIFFICULT TO EXECUTE FOR HIM. UM AND FOR MOST ANYBODY, AND THAT'S THAT'S WHY WE'RE HERE TO PRESENT. UM A REZONING CASE IS TO CHANGE THAT PLAN THAT WE FEEL WAS WAS MORE UNREALISTIC. UM AS WE MENTIONED, WE LOOK AT THE FRONTAGE ALONG HIGHWAY 78 TO BE A GREAT COMMERCIAL CORRIDOR WHERE WE CAN , UH ATTRACT BUSINESSES AND SERVICES FOR THE COMMUNITY. UM WE'VE PUT THE MULTIFAMILY ON THE BACKSIDE OF THE PROPERTY. AND THAT'S REALLY INFORMING THE LAYOUT HERE, UM, SEPARATING FROM STILL MIXED USE, BUT HORIZONTAL MIXED USE RATHER THAN VERTICAL MIXED USE, SO THE OWNERSHIP OF THE MULTI FAMILY CAN BE SEPARATE FROM THE OWNERSHIP OF THE COMMERCIAL. UM, WHEN WE LOOK AT THE COMMERCIAL DEVELOPMENT HERE, WE ARE INTENDING TO FIND FOLKS WHO ARE INTERESTED IN BEING IN WILEY AND BEING IN THIS TRAFFIC CORRIDOR. UM SIT DOWN RESTAURANTS. UM, WE HAVE ONE PAD SITE TO THE VERY NORTH SIDE. UM WE'VE WORKED WITH, UH, THE WILEY , E DC AND JASON GRINER HAS BEEN A HUGE HELP TO HELP US UNDERSTAND WHO'S ACTIVE IN THIS MARKETPLACE AND WHO'S READY TO GO AND GET SOMETHING STARTED AS SOON AS POSSIBLE. UM WHEN WE LOOK AT THE MULTIFAMILY, UM THE TYPE OF MULTIFAMILY THAT WE'RE LOOKING TO CONSTRUCT ON THIS SITE IS, UH, SOMETHING THAT WILL ATTRACT YOUNG PROFESSIONALS AND KIND OF THAT THAT SUPPORT THE INDUSTRY IN THE AREA. UM WHEN WE LOOK AT THIS TYPE OF DEVELOPMENT , WHERE YOU HAVE A RESORT POOL AND A DOG PARK AND A TRACK THAT SORT OF YOUNGER DEMOGRAPHIC THAT CAN PAY HIGHER RENTS THE MINIMUM THAT THE MARKET REALLY WANTS IS 250 UNITS. UM, AND THEY'LL GO AS HIGH AS THE MARKET WILL WILL BEAR, UM, FROM A UNIT COUNT PERSPECTIVE, BUT WITH 250 UNITS, YOU GET THAT ECONOMY OF SCALE WHERE YOU CAN BUILD NICER AMENITIES AND YOU CAN HAVE MORE SOPHISTICATED MANAGEMENT AND THEN ULTIMATELY ATTRACT INSTITUTIONAL FINANCING TO CREATE A SUCCESSFUL, UH, COMMUNITY. SO THAT'S REALLY WHAT'S WHAT'S DRIVING. THE NUMBER IS, UM, JUST BASED ON A PURE NUMBER THAT THE MARKETPLACE LIKES AS A MINIMUM IN ORDER TO BUILD A NICE, MULTIFAMILY COMPLEX. UM WITH THAT, I'M HAPPY TO ANSWER IT. ANY QUESTIONS YOU MIGHT HAVE, UH, YOU KNOW, DISCUSS ANY PART OF THE REQUEST. OK? UH COS DO YOU HAVE ANY QUESTIONS OR COMMENTS? UH, ACTUALLY, BEFORE WE DO THAT, LET ME OPEN THE PUBLIC HEARING ON THIS AND SEE IF THERE'S ANYONE HERE THAT WOULD LIKE TO SPEAK. SO WITH THAT I WILL OPEN A PUBLIC HEARING ON THIS ITEM IF ANY MEMBER OF THE PUBLIC IS PRESENT AND WISHES TO SPEAK ON THIS ITEM AND ASK THAT YOU STEP FORWARD AT THIS TIME. MISS STORM. PLEASE LET THE RECORD REFLECT THAT NO ONE HAS STEPPED FORWARD TO SPEAK THIS EVENING DURING THE PUBLIC HEARING, SO WITH THAT I WILL CLOSE THE PUBLIC HEARING. AND NOW I WILL TURN IT TO COUNCIL OR STAFF OR COMMENTS OR QUESTIONS, UH, EITHER FOR UM THE DEVELOPER OR FOR MR HASKINS. LOOKS LIKE EVERYONE IS KIND OF LOOKING AT THE EXHIBITS THAT WERE PRESENTED SO I WANTED TO ASK, UM DO YOU ALL DEVELOP COMMERCIAL SITES OR DO YOU GUYS ONLY DO MULTIFAMILY. UH, THE OWNERSHIP GROUP FOR THIS , UH, PROPERTY HAS DEVELOPED BOTH IN DIFFERENT MARKETS. UM SO IT'S UM WHATEVER SEEMS OPPORTUNISTIC AND GOOD FOR DEVELOPMENT. THEY'LL GO DO, UM, ON THIS SITE IN SPECIFIC THEIR ARE OPEN TO PARTNERING WITH

[00:40:02]

DEVELOPERS DEVELOPING THEM THEMSELVES OR SELLING SITES IF SOMEONE WOULD LIKE TO CARRY ON THE DEVELOPMENT, SO THAT'S UNDETERMINED AT THIS TIME, BUT THEY DO HAVE EXPERIENCE BOTH DEVELOPING SELLING MIXED. AND MULTIFAMILY. OK? AND THIS MAY BE A QUESTION THAT YOU KNOW THE ANSWER TO OR THAT, JASON, YOU MAY NEED TO STEP FORWARD. AM I CORRECT IN READING THE PD THAT IT WRITES IN I BELIEVE LOTS, 12 AND FOUR WOULD ALL ALLOW DRIVE THROUGHS BY RIGHT I THINK UNDER YES. FOR THE NUMBER TWO. YES, THAT IS WHAT THE APPLICANT REQUESTED. SO I'LL ASK THE APPLICANT. SO HOW DOES THAT YOU MENTIONED SIT DOWN RESTAURANTS, THAT TYPE OF THING, BUT OBVIOUSLY WITH THAT REQUEST BY RIGHT THAT FREES IT UP TO BE ANY NUMBER OF DRIVE-THRUS THAT ARE COMING THROUGH THERE. WHICH OBVIOUSLY, UH AS WE AS YOU MAY OR MAY NOT KNOW, WE HAVE A NUMBER OF WITHIN THE CITY. UM IS THAT SOMETHING YOU SEE AS INTEGRAL TO BEING ABLE TO COMPLETE THAT COMMERCIAL. I DON'T SEE IT AS INTEGRAL. I THINK THAT WE'RE LOOKING FOR, UM CERTAINLY THE FLEXIBILITY IS VERY NICE. AND UH, WE APPRECIATE THAT. I DON'T THINK THAT IT'S INTEGRAL TO THE REQUEST. UM I WOULD ASSUME THAT IF IT WEREN'T BY, RIGHT. IT WOULD BE BY SP. IS THAT CORRECT? YES THAT'S HOW WE OPERATE. GOT YOU OR THAT'S WHAT OUR ZONING STANDARDS ARE SURE, ABSOLUTELY, IF THE IF THE COUNCIL IS COMFORTABLE WITH IT SPECIFICALLY ON THE SITE THAT IS FURTHEST NORTH AND EAST ON THE SITE, UM THAT'S A THAT'S A SMALLER PROPERTY, AND I IMAGINE THAT THAT'S WHERE I COULD SEE. A DRIVE THROUGH RESTAURANT WANTING TO BE LOCATED, SO THAT'S ONE WHERE I THINK IT WOULD BE NICE TO HAVE THAT FLEXIBILITY. UM, HOWEVER, IT'S NOT INTEGRAL TO THE REQUEST. OK? AND UM, I'LL GO AHEAD, MR. COUNCILMAN WILLIAMS. GO AHEAD. YOU'RE GOOD. I THOUGHT I WAS GETTING IN LINE. THIS MIGHT GO FOR MR HASKINS. MR HASKINS. UM I WAS LOOKING IN IN THE PD FOR ANY RESTRICTIONS ON BUILDING THE RESIDENTIAL PRIOR TO COMPLETION OF THE COMMERCIAL DID DID I MISS THOSE? UM WHAT IF YOU LOOK AT THE SECTION TWO THE DEVELOPMENT SCHEDULE. BASICALLY WHAT IT SAYS IS THAT THE APPLICANT HAS TO PUT IN ALL THE UTILITIES, ACCESS DRIVES, FIRE LANES, LANDSCAPING, SIDEWALKS AND THE PEDESTRIAN BRIDGE THAT GOES ACROSS MAX THE CREEK. THEY HAVE TO DO ALL OF THAT. BEFORE THEY CAN, UM, WE'LL GIVE THEM A FINAL ON THEIR, UM MULTIFAMILY.

SO THEY HAVE TO ESSENTIALLY DO THE FLAT WORK. THEY HAVE TO DO ALL THE FLAT THEY DON'T HAVE TO ACTUALLY BUILD. THEY DON'T HAVE TO GO VERTICAL. BUT WHAT STAFF FEEL ARE ARE OUR THOUGHT IS THE AMOUNT OF MONEY AND TIME AND EFFORT THAT GOES INTO THAT. WOULD ALLOW THAT. THAT'S ALL THAT COULD EVER DEVELOP. THERE WOULD BE. WE DON'T WANT SOMEBODY COMING BACK WHICH WE'VE HAD IN THE PAST, AND NOW WE WANT TO DO MORE MULTI FAMILY THERE. ONCE YOU PUT ALL THAT FLAT WORK IN, IT WOULD BE VERY COST PROHIBITIVE TO TRY TO COME BACK TO COUNCIL OR SOMETHING AND ASK FOR, UM YOU KNOW, WE WANNA DO MULTI FAMILY UPFRONT NOW OR SOMETHING LIKE THAT. I THINK THAT I WAS GOING TO SAY I THINK THAT FLAT WORK IS JUST TO SERVICE THE PRODUCT THAT THEY WOULD BE SELLING. THAT'S NOT GOING TO BE NECESSARILY NOW. IT WOULD, UM LIKE, UM I CAN CLARIFY THE LANGUAGE ON THAT. BUT WHAT THE INTENT LET ME UM, PULL UP. THIS. WORK IT BE ESSENTIALLY YOUR DRIVE. SO YOU SEE ALL THE DRIVES. RIGHT WHICH IS YOUR SERVICE IN AND OUT, AND THEN THE DRIVES ALSO THAT GO AROUND THE COMMERCIAL AREAS BECAUSE THOSE ARE GONNA NEED THOSE WOULD STILL NEED FIRE LANES. OK, SO THAT CONCRETE WORK? YEAH AND UTILITIES AND ALL THAT WOULD HAVE TO BE THERE FOR THOSE BUILDINGS. YEAH, THEY WOULD NOT HAVE TO PUT THE FOUNDATION IN OR ANYTHING LIKE THAT. OF THE BUILDING. THANK YOU, SIR. SO UNFORTUNATELY I HAVE SEEN PEOPLE COME BACK AFTER THEY PUT IN FLAT WORK AND REQUEST FOR UH, TO GO BACK AND REPLACE THAT, UM, WE HAD IT HAPPEN NOT TOO LONG AGO WITH ANOTHER. UH, LOCATION IN TOWN. UH, THE SUGGESTION WAS FOR THE THEY WERE RESTAURANT SHELVES TO BE TURNED INTO TOWN HOMES ALONG THE ROADWAY. UM SO I HAVE UNFORTUNATELY, SEEN THAT AND THEY EVEN BUILT A SHELL OUT AND SO UM, I. I DO HAVE A CONCERN WITH THAT. OBVIOUSLY I CANNOT JUDGE THEM BASED ON SOMEONE ELSE . BUT I AT THE SAME TIME REALIZE THAT WHEN IT'S NOT IN WRITING, THERE'S NOTHING THAT GUARANTEES IT. SO THAT WOULD BE MY FEEDBACK ON THAT. COUNCILMAN MAICI, THOUGH, HAS BEEN WAITING. THANK YOU, MR MAYOR. UM, MR HASKINS.

IF I'M CORRECT TO THE RIGHT OF IT IS SLOTTED FOR MULTI, UH MULTI FAMILY USE CORRECT IS

[00:45:02]

ZONED FOR MULTIFAMILY USE TO THE RIGHT OF THIS PROPERTY. IS THAT RIGHT? THAT COULD BE CORRECT.

I'D HAVE THAT CORRECT UNDER THE ZONING ON THE ZONING ORDER. YES, UM MY QUESTION TO THE APPLICANT.

UH, WOULD BE ARE YOU OPPOSED TO DO ON BOTH SIMULTANEOUSLY? SO BASED ON YOUR PREVIOUS WORK, YOUR RELATIONSHIPS WHICH I WOULD LIKE YOU TO TELL US A LITTLE BIT MORE ABOUT THAT. AND WHAT HAVE YOU BUILT SPECIFICALLY IN TEXAS MARKET IF YOU HAVE BUILT ANY AROUND IT. AND SPECIFICALLY WHAT DEVELOPERS HAVE YOU WORKED WITH IF YOU CAN SHARE THAT, AND ALSO ARE YOU OPPOSED TO BASED ON A PERCENTAGE WHATEVER YOU BUILT ON THE BACK END TO BUILD AT THE FRONT END. SURE SO I GUESS THE KIND OF STARTING WITH THE PROPERTY OF THE EAST, UM WE ARE CERTAINLY OPEN TO WORKING WITH THAT LANDOWNER TO FIND A WAY TO COMBINE THE PROJECTS. UM I KNOW THAT MY CLIENTS HAVE THEY THEY CURRENTLY OWN THIS PROPERTY AND IT'S IN DISREPAIR. AND THEY WOULD LIKE TO GET GOING ON THAT PROJECT. SO THAT'S THAT'S CERTAINLY THE INTENT BEHIND THE REQUEST IS TO MOVE FORWARD. UM THEY DON'T OWN THE PROPERTY TO THE EAST. AND SO IF THEY COULD WORK OUT A DEAL WHERE THAT MADE SENSE TO BUY THAT AND COMBINE IT , I THINK IT WOULD MAKE FOR A BETTER DEVELOPMENT. UM BUT IT'S REALLY A BIG QUESTION OF WHETHER OR NOT WE CAN GO AND PURCHASE THAT PROPERTY. UM REGARDING SO I'M A CONSULTANT TO THE LANDOWNER. UM, THE LANDOWNER HAS DEVELOPED MULTIFAMILY. I DON'T HAVE ACCESS TO THEIR FULL RESUME . UM I KNOW THAT AS A CONSULTANT IN MY HISTORY I'VE BUILT MULTIFAMILY AND, UM MCKINNEY PREDOMINANTLY IN MCKINNEY. UM AND THEN I'VE WORKED WITH OTHER DEVELOPERS WHO HAVE BUILT MULTIFAMILY IN DALLAS, FRISCO AND YOU KNOW ALL OVER THE METROPLEX. UM SO THESE HAVE BEEN BOTH COMMERCIAL AND MULTIFAMILY OR JUST MULTIFAMILY ONLY, UH, FOR ME. I'VE I HAVE EXPERIENCE IN MULTIFAMILY COMMERCIAL OFFICE. SINGLE FAMILY. RESORT DEVELOPMENT. THAT'S SORT OF MY BACKGROUND SO RUNS THE GAMUT OF LAND DEVELOPMENT. UM SO AS FAR AS THE OWNERSHIP GROUP I, I DON'T HAVE A UNDERSTANDING OF THEIR FULL RESUME. UM, OTHER THAN JUST TALKING TO THEM ABOUT PROJECTS THAT THEY'VE DONE BEFORE AND WORKING WITH THEM ON OTHER DEVELOPMENTS. WOULD YOU BE OPPOSED TO DO BOTH SIMULTANEOUSLY. WHATEVER YOU DEVELOP IN THE BACK PERCENTAGE WISE TO DO IT UP FRONT AS WELL. I THINK THAT THE SAME TIME WHAT? WHAT WE'RE REALLY LOOKING THE WHEN WE LOOKED AT SORT OF THE CONCURRENCY, WHICH JASON HAS BEEN WONDERFUL TO WORK WITH AND EXPLAIN TO US HOW IMPORTANT THAT WAS, UM, SOME OF WHAT? WHEN YOU LOOK AT LIKE THE FOUNDATION, WHICH COUNCILMAN WILLIAMS BROUGHT UP WE THE MULTIFAMILY SIDE OF IT. THE BUILDINGS ARE THERE. THE UNITS ARE THERE IN THE ZONING, AND THAT KIND OF IS ALL THE CLARITY THAT YOU NEED FOR COMMERCIAL WITHOUT KNOWING WHAT THOSE USERS ARE. I WOULD HATE TO PUT IN PLUMBING AND FOUNDATIONS AND IT BEING IN THE WRONG SPOT TO BE ABLE TO ATTRACT THE RIGHT USERS. SO YOU KNOW, AT SOME POINT THAT DOES COME UP, AND I THINK THAT IN ORDER FOR US TO MARKET THE PROPERTY WE NEED TO GET OUT THERE WITH SOME BULLDOZERS AND KNOCK EVERYTHING DOWN. CLEAN IT UP HAVING SOME FLAT WORK OUT THERE, I THINK MAKE IT LOOK. PRESENTABLE TO MARKET AS A COMMERCIAL DEVELOPMENT. WE HOPE THAT WE DEVELOP ALL OF IT AT ONCE. WE DON'T WANNA HOLD THIS PROPERTY. WE WANT TO GO AND PUT IT INTO ACTION. SO UM, SO THAT IS THE HOPE. BUT THAT WAS THAT WAS KIND OF HOW THE REQUEST CAME ABOUT. IS THAT WITH THOSE FIRE LANES, WE STILL HAVE FLEXIBILITY TO WORK WITH WHOEVER THOSE FINAL END USERS ARE ON THE COMMERCIAL.

OK, THANK YOU. OK? DO WE HAVE ANY MAYOR? PRO TIME? YEAH. THANK YOU, MAYOR. SO I GOT A COUPLE OF QUESTIONS ABOUT THE SIZE OF UNITS, JASON. I KNOW THAT IN OUR ORDINANCE THE MINIMUM SIZE OF A ONE BEDROOM APARTMENT. IS 900 SQUARE FEET AND I WENT BACK AND LOOKED AGAIN BECAUSE I REMEMBER READING THIS THE OTHER NIGHT AND THE FIRST THING THAT PUNCHED OUT TO ME WAS THAT THESE ARE ABOUT 100 SQUARE FEET SMALLER THAN WHAT OUR REQUIREMENT IS. SO OUR REQUIREMENT IS 900. THEY'RE ASKING FOR 805. AND THEN ON THE TWO BEDROOM. REQUIREMENT IS 1200 . THEY'RE ASKING FOR 1190. BUT THAT WASN'T CALLED OUT IN THE PAPERWORK. SO I WANTED TO POINT THAT OUT FOR CERTAIN. UM AND I'M CONCERNED ABOUT THE ADDITIONAL 100 UNITS. UH AND THE IMPACT THAT THIS IS GONNA HAVE NOT ONLY ON TRAFFIC IN THIS AREA BUT ON THE SCHOOL DISTRICT AND ON THE INFRASTRUCTURE RIGHT AROUND THERE BECAUSE I KNOW THAT ONE OF THE HURDLES THAT THEY FACED DURING THE PRE DEVELOPMENT PHASES WITH THE PREVIOUS OWNER WAS THE ACQUISITION OF WATER LINE, SEWER LINES AND ELECTRICAL AS ALL OF THAT BEEN TAKEN CARE OF. OK, GOOD AND GOT THREE OR FOUR QUESTIONS HERE, AND I ONLY

[00:50:07]

ASK THAT BECAUSE I KNOW THAT THERE WAS AT ONE POINT THEY WERE TALKING ABOUT GOING UNDER 78 WITH POWER BECAUSE THEY COULDN'T GET SOMEBODY TO COOPER WITH THEM ACROSS THE BACK OF THE PROPERTY, OR IT WAS. IT WAS SOMETHING THAT WAS COMING ACROSS 78. THEY WERE WAITING FOR BORING. SO I WANNA MAKE SURE THAT THAT THESE EYES ARE DOTTED AND TS ARE CROSSED BEFORE WE MOVE FORWARD. YES, SIR. UM MR PORTER, OUR CITY ENGINEER COULD PROBABLY CLARIFY AS FAR AS THE UTILITIES. BUT MY UNDERSTANDING IS, IS THAT THE UTILITIES ARE ALL THERE AND SIZED APPROPRIATELY. UM, ONE OF THE DISCUSSIONS I KNOW THAT WE'VE HAD, UM, WITH THE DEVELOPER WAS THAT THEY'RE GOING TO BE ACQUIRED TO LOOP THEIR UTILITIES FAR ENOUGH DOWN WHERE THE TOWN HOME DEVELOPMENT WILL NOT HAVE TO UM, ENCROACH ONTO THEIR PROPERTY OR ASK FOR AN EASEMENT. THE, UM STUB OUTS ARE GONNA BE THERE. UM AND I BELIEVE THAT THEY'RE APPROPRIATELY SIZED . IF MR PORTER IS BACK THERE, SHAKING HIS HEAD. NO AND, UM, I'LL WE'LL KNOW FOR SURE. YEAH, HE'S COMING UP. HE HE'S SHAKING HIS HEAD. YES SO WE'RE WE'RE GOOD ON THE UTILITIES. UM AND ALL OF THAT, UM AS FAR AS THE IMPACTS ON THE SCHOOL DISTRICT. UM I MENTIONED THAT TO THE APPLICANT AND THAT'S WHERE WE CAME UP WITH, UH, SECTION 53, WHICH LIMITS OUT OF THE 250. THEY CAN ONLY HAVE 83 BEDROOM UNITS. UM, I RECOMMENDED ZERO THEY WANTED 15. I THINK WE LANDED IN THE MIDDLE IS FOR COUNCIL CONSIDERATION. UM AND THEY SAID THAT WAS SPECIFICALLY FOR SOMETIMES AND HE'S SHAKING HIS HEAD. NO, HE CAN SAY IT, BUT YOUNG PROFESSIONALS SOMETIMES ROOM UP IN ORDER TO GET THEIR LIVES GOING. UM, NOT NECESSARILY DOESN'T NECESSARILY MEAN KIDS, BUT IT CAN. UM, BUT WE'VE TRIED TO LIMIT THOSE TO, UM AS SMALL, UH, NUMBER AS THEY SEEM POSSIBLE WITH STILL ALLOWING SOME KIND OF , UM, FLEXIBILITY FOR THEIR POTENTIAL RESIDENTS. AND THEN THE OTHER THING IS ON THE ROADWAYS. I CAN'T TELL BY BLOWING THIS PICTURE UP WHETHER OR NOT THEY'RE DE CELL LANES AT BOTH OF THE PROPOSED ENTRANCES. THERE ARE NOT NOW BUT THEY PROBABLY WILL BE IF I KNOW MR PORTER. YEAH, BECAUSE THAT'S DUMPING. I MEAN, IF YOU'VE GOT 250 APARTMENTS. THE TWO BEDROOM APARTMENTS IF THEYRE DOUBLING UP. RIGHT YOU'VE GOT TWO CARS. PLUS I MEAN, THE AVERAGE REQUIRED BY PARKING IS TWO. SO YOU'RE LOOKING AT 500 CARS CAN ALMOST GUARANTEE YOU THAT OUR CITY ENGINEER IS GOING TO REQUIRE, UM A DESAL LANES ONCE, UH, YOU KNOW IF THIS PROJECT MOVES FORWARD I AM CONCERNED ABOUT THE TRAFFIC FLOW THROUGH HERE AND I THINK WITH ADDING COMMERCIAL IN FRONT OF THIS RESIDENTIAL, WE'RE SETTING OURSELVES UP FOR PROBLEM IN THE AFTERNOON AND THE MORNING ESPECIALLY IN THE AFTERNOON. IF THESE BUSINESSES IN THIS COMMERCIAL AREA AREA ARE DRAWING THE WAY THAT THEY SHOULD ALONG, 78 THERE'S GONNA BE A BUNCH OF PEOPLE GOING IN AND OUT OF THERE, IN ADDITION TO THE RESIDENTS TRYING TO GET IN AND OUT AND THAT AND THAT THE AMOUNT OF TRAFFIC FLOW THROUGH THESE TWO SMALL ENTRANCES CONCERNS ME.

THAT'S ALL. DID YOU WANNA ADDRESS THE DES SELLING SO I COULD HEAR YOU. SO THERE WAS A T, A TRAFFIC IMPACT STUDY. THAT WAS DONE. UH BY THE PREVIOUS DEVELOPER, WE'VE REVIEWED THAT TRAFFIC IMPACT STUDY. OUR INTENTION IN DEVELOPING THE SITE IS TO BUILD THE DECELERATION LANES AND THE LEFT TURN LANE AS WAS DESCRIBED IN THE PREVIOUS DEVELOPER. THIS EXHIBIT DOESN'T IT'S UNCLEAR AS TO WHAT'S GOING ON THERE, BUT I DID WANT TO BE ON RECORD SHOWING THAT WE ARE BUILDING THOSE DE CELL LANES AND THE MEDIAN OPENING. UM I'VE ALSO THE CITY STAFF HAS REQUESTED AN UPDATED TRAFFIC IMPACT STUDY AS A PART OF THE DEVELOPMENT, WHICH WE'RE FINE WITH COMPLYING WITH ONCE WE GET TO THAT STAGE. UM I DID SOME MATH ON WHAT THE TRAFFIC IMPACT STUDY SHOWS.

GENERATED FROM THE SITE WITH THE CURRENT DEVELOPMENT VERSUS OUR PROPOSAL, WHICH IS SIMPLY TAKING DIFFERENT UNIT COUNTS AND SQUARE FOOTAGES AND THEN CONVERTING THE TRAFFIC IMPACT IS LESSENED BY OVER HALF. THERE'S LESS THAN HALF THE NUMBER OF VEHICLE TRIPS WITH THIS PROPOSAL RELATIVE TO THE CURRENTLY APPROVED PLAN, SO I JUST WANT YOU TO KNOW THAT WE'VE DONE THAT HOMEWORK AND I DO AND WE'RE WILLING TO COMPLY WITH WHATEVER REQUEST THE CITY ENGINEERS MIGHT HAVE IN ORDER TO MAKE SURE THAT WE TAKE CARE OF OK, COUNCILMAN STRING YEAH, THANKS, MR MAYOR. SO THE ENTRANCES AND THE EXITS HERE. ARE THEY JUST BRIGHT TURNS ONLY THEN THE NORTHBOUND IS 78. ARE YOU GONNA TRY TO CUT THROUGH THAT MEDIAN? THERE IS THE PREVIOUS PLAN THAT WAS APPROVED.

THE ONE OF THOSE ENTRANCES DID HAVE A MEDIAN OPENING, AND THAT WAS THE PERMIT THAT WAS GIVEN BY TECH DOT SO OUR INTENTION IS TO MAINTAIN THE ACCESS JUST AS IT WAS WITH THE PREVIOUS DEVELOPER, WHICH IS ONE MEETING OPENING AND THEN ONE RIGHT IN RIGHT OUT. OK, I SEE AND THEN THE MAYOR, PRO

[00:55:06]

TOWNS POINT HERE. YOU KNOW, WE THINK ABOUT THE AMOUNT OF TRAFFIC GOING IN AND OUT FOR THE COMMERCIAL, ESPECIALLY IF YOU START HAVING DRIVE THROUGHS IN THERE. ESPECIALLY IF IT CHICK FIL A GOES IN THERE OR IN AND OUT. JUST RUIN EVERYTHING RIGHT? UM BUT YOU KNOW THAT STACKING THAT I'M LOOKING AT FOR THE EXITING, YOU KNOW, PEOPLE TRYING TO GET AWAY WITH THE WHATEVER THEY GOT FROM THE COMMERCIAL, THE FAST FOOD PLUS PEOPLE LEAVING TO GO. UH, WORK DINNER.

WHATEVER IT DOESN'T LOOK LIKE THERE'S A LOT OF SPACE FOR PEOPLE TO GET ACROSS THAT FRONT THERE. WHAT'S THAT? FOUR CARS? FIVE TOPS THE LITTLE MHM. I SO I'M CONCERNED ABOUT THAT.

BECAUSE I MEAN, JUST YESTERDAY I SAW SHENANIGANS OVER AND OUR SISTER CITY MURPHY. GRANTED, THEIR PLANNING IS IN AS AWESOME AS OURS IS UM WHERE WAS A DISASTER AND THEY HAD EVEN MORE SPACE BEHIND IT BECAUSE OF ALL THE DRIVE-THRUS AND THE GAS STATION AND THE NEIGHBORHOOD AND ALL THAT THEY HAVE. I THINK THAT IT'S FAIR TO SAY THAT THAT WE HAVE NOT DONE LIKE WE LOOKED AT THE PREVIOUS CASE WHERE THEY HAD A LOT OF DISCUSSION ABOUT HOW THAT DRIVE THROUGH WAS GOING TO FUNCTION. UM WE HAVEN'T DONE THAT AS A PART OF THIS ZONING REQUEST, AND I THINK THAT IN MY OPINION, IT'S FAIR TO COME BACK AND HAVE THAT DISCUSSION ONCE WE HAVE AN ACTUAL USER THERE, SO YOU KNOW, GOING TOWARD AN SUP AS A STANDARD IN THE CITY FOR DRIVE-THRU SEEMS REASONABLE, AND IT SEEMS LIKE IT WOULD GIVE US A CHANCE WITH AN ACTUAL USER TO PROVIDE A MORE SPECIFIC AND DETAILED LAYOUT OF HOW IT WOULD FUNCTION SAFELY, SO I THINK THAT'S COMPLETELY REASONABLE.

OK, SO THEN WHEN YOU START DOING ALL THAT, AND MORE STUDIES AND ALL THAT YOU WOULD SAY THAT WHAT I SEE THERE IN COMMERCIAL IN TERMS OF LAYOUT, THE PARKING ROADWAY, THE UNITS, THE BUILDINGS, WHATEVER THAT THAT ALL SUBJECT TO CHANGE FROM WHAT I'M SEEING HERE. UH, I. I THINK THAT THE BONES OF THIS PLAN ARE GOING TO BE WHAT YOU SEE ON THE SCREEN. UM HOWEVER, I THINK THAT THERE'S I'M I AM A CIVIL ENGINEER. AND SO I KNOW THAT THERE'S A LOT MORE WORK TO DO TO GET TO A FINAL PLAN, ESPECIALLY IF THERE'S SOMETHING LIKE A DRIVE THROUGH RELATIVE TO TRAFFIC AND HOW YOU MOVE CARS THROUGH THE SITE, SO I THINK THAT WE'RE WERE THERE FOR THE BONES AND THE LAYOUT OF WHERE THE COMMERCIAL IS WHERE THE MULTIFAMILY IS THE GENERAL ARRANGEMENT OF THE BUILDINGS. I THINK ALL OF THAT WON'T CHANGE. HOWEVER I KNOW THAT THERE'S A LOT OF DETAIL THAT TO ADD TO THIS BEFORE IT CAN BECOME A REALITY. YEAH. ALL RIGHT. THANK YOU. ABSOLUTELY. OK COUNCILMAN WILLIAMS. THANK YOU, MAYOR. ONE QUICK. UM, THING FOR THE OWNER.

IF THIS WERE TO GO FORWARD, I WOULD LIKE TO SEE THOSE TWO APPROACHES THAT AREN'T BEING USED TO BE USED. UM AROUND 78 RATHER THAN JUST HAVING TO MR HASKINS IS SHAKING HIS HEAD.

JUST SO YOU KNOW, SO YOU MAY WANNA I MEAN, IS THAT JUST A AN ISSUE OF PARKING OR SPACING? THE SPEED LIMIT ON 78. I'D I'D HAVE TO. YOU KNOW, WE'D HAVE TO MEASURE IT OUT. EXACTLY. BUT I'M JUST HAVING THAT AS A REQUIREMENT MAY NOT WORK JUST DUE TO, UM THE SPACING REQUIREMENT BETWEEN EXITS. UM BASED ON THE SPEED OF STATE HIGHWAY 78. OK? AND SO I ASSUME THAT WITH HIM BEING THERE THAT THEY ARE ALREADY THOSE ARE ALREADY THERE. THE OTHER ONES ARE NOT THERE OR THEY MIGHT BE THERE. BUT ALSO I WILL SAY THAT I'M GONNA GET MYSELF IN HUGE TROUBLE HERE WITH TIM, BUT, UM RULES MAY HAVE CHANGED SINCE THOSE WERE PUT IN THAT PROPERTY HAS NEVER BEEN USED. SO THOSE MAY ALSO BE ONE OF THOSE THINGS WHERE SOMEBODY POURED SOMETHING IN WAY BACK WHEN AND UM SO, BUT WE'RE SURE WE COULDN'T USE THEM. NO I AM NOT. I WOULD HAVE TO PUT A MEASUREMENT ON. I WANT TO BE SURE ON THAT IF WE COULD. WE CAN DEFINITELY DO THAT. UM LIKE MR LEE. I SAID, IF, UH UM IF, UH YOU KNOW, THE ZONING GOES THROUGH THEN ONCE WE GET TO ENGINEERING AND ALL THAT OTHER STUFF WILL WILL MAKE SURE OF ALL OF THAT. YES, SIR. YOU'RE WELCOME. IF YOU'LL ALLOW ME. WELL, GO AHEAD. COUNCILOR MAICI. UM THE COUPLE OF ONE COMMENT AND ONE QUESTION. I'D LIKE TO THANK YOU FOR BRINGING THIS TO US, BECAUSE I THINK IT'S TIME THAT THAT PIECE OF PROPERTY GETS DEVELOPED AND THAT EYESORE ENTERING WILEY GETS AWAY FROM US. UM, THE SECOND MY CONCERN WITH THIS IS AND I DON'T KNOW IF WE CAN PUT SOMETHING IN THERE.

I'VE SEEN IT HAPPEN AND I'M NOT SAYING THIS IS GOING TO HAPPEN, BUT I DON'T WANT THE BACK PART TO BE DEVELOPED RESIDENTIAL BY THE TIME YOU GUYS BUILD IT, YOU EXIT OUT. AND THEN THOSE FRONT PADS ARE BEING SOLD AND THAT THEY'RE COMING RIGHT IN FRONT OF US AND SAYING WELL, THOSE ARE NOT AFFORDABLE UNLESS WE GET SOME SORT OF RESIDENTIAL ON TOP OF THE COMMERCIAL AND ADD MORE SPACE TO THAT AND MORE TRAFFIC COUNTS TO IT. SO THAT'S WHY I'M INSISTING THAT WE ADD SOMETHING TO THE ORDINANCE THAT PERCENTAGE BASED I'M NOT ASKING YOU TO DO 100% COMMERCIAL UPFRONT WHEN YOU

[01:00:03]

COMPLETE THE BACK, BUT AT LEAST SOME SORT OF DEVELOPMENT TOWARDS THE COMMERCIAL FRONT. I GET IT.

YOU DON'T HAVE USERS. FOR AN 18,000 SQUARE FOOT SHELL BUILDING. YOU DON'T NEED TO HAVE USERS FOR YOU TO COMMIT TO THAT. THE USERS WILL COME ONCE YOU BUILD. YOU'RE BUILDING THE BACK WHICH YOU'RE CREATING THE VALUE FOR THE FRONT. AND THAT'S MY CONCERN IS YOU'RE GONNA BUILD THE BACK. YOU'RE GONNA EXIT OUT THEN THEY'RE GONNA COME IN FRONT OF US AND ASK FOR MORE SPACES.

BECAUSE THEY CAN'T AFFORD BASED ON THE PRICE THAT THEY BOUGHT THE DIRT. AND SO THIS IS UM I UNDERSTAND YOUR THOUGHT PROCESS AND WHERE YOU ARE WITH IT. FROM COUNCIL STANDPOINT OR PERSONAL STANDPOINT IS WHERE I'M LOOKING OUT FOR WHAT WE'RE TRYING TO BUILD THE CITY. SO THAT'S KIND OF WHAT I WOULD ASK IF YOU ARE OPEN TO THAT. YOU KNOW I WOULD BE OPEN TO WORKING WITH THIS, BUT THAT'S MY THOUGHT ON THAT. I THINK FOR KIND OF THE IDEA OF ANY FIRST ANY RESIDENTIAL, FOR EXAMPLE, ON TOP OF THE COMMERCIAL UP FRONT. I THINK WE ARE COMPLETELY COMFORTABLE WITH PUTTING ON RECORD IN WRITING THAT THERE WILL BE NO RESIDENTIAL ON THE COMMERCIAL SITES AS A PART OF THIS REQUEST. AS FAR AS GOING VERTICAL WITH THE CONSTRUCTION OF THE COMMERCIAL SIMULTANEOUSLY WITH THE MULTIFAMILY. THAT'S A COMMITMENT THAT I CAN'T MAKE ON BEHALF OF MY CLIENT. UM SO, I, I CERTAINLY UNDERSTAND THAT AND I AND I YOU KNOW, LIKE I SAID, I HOPE THAT IT ALL IS SIMULTANEOUSLY. WE ALL HOPE THAT IT'S SIMULTANEOUS. UM I. I CAN'T MAKE THAT COMMITMENT ON BEHALF OF MY CLIENT TONIGHT. SO UM, IF WE IF WE NEED TO COME BACK, AND THAT YOU KNOW? IS WHAT IT IS, BUT WE WOULD. WE WOULD LIKE TO MOVE FORWARD WITH THE DEVELOPMENT AND WE REALLY APPRECIATE YOU CONSIDERING THE REQUEST. IF IT'S OK WITH YOU GUYS, CAN WE PUSH THIS HEARING? WHILE THEY CONCUR WITH THE OWNERS OF THE DEVELOPMENT AND THEY COME BACK TO US. SO I, UM I DON'T KNOW HOW THAT WORKS, BUT MAKE A MOTION TO TABLE IT. WHAT ARE THE RULES ON ZONING NOW? IS IT JUST THE PLATTS THAT HAVE A TIME? YEAH WE CAN. I KNOW THE STATE'S COUNCILS WILL THIS COULD BE TABLED? UM FOR HIM TO CHECK THAT WE CAN, UM IF YOU WANT TO MOVE FORWARD WITH, WE CAN ADD, UM THAT AS FAR AS UNDER THE COMMERCIAL SPECIAL CONDITIONS THAT RESIDENTIAL WOULD NOT BE ALLOWED USE THAT WOULD NOT STOP SOMEBODY FROM COMING BACK AND ASKING, BUT COUNCIL WOULD HAVE FULL CONTROL OVER WHETHER THAT WOULD EVER BE AN ISSUE THERE OR NOT, WHICH IS KIND OF ALREADY. HAS THAT IN PLACE, BUT WE CAN SOLIDIFY THAT A LITTLE MORE IF NEED BE. OK? BUT IF THERE'S ANY MORE CONCURRENCY LIKE COUNCIL'S WISH IS TO HAVE MORE CONSTRUCTION HAPPEN. ON THE COMMERCIAL SIDE. THEN I WOULD RECOMMEND THAT WE PROBABLY TABLE IT SO THE, UM APPLICANT CAN TALK TO THE ACTUAL PROPERTY OWNERS. OK? SO I HAVE I HAVE SOME THOUGHTS AND COMMENTS THAT I'D LIKE TO ADD AND THE NOAH TALKED ABOUT. SOME OF THE DRIVE THROUGHS AND THINGS LIKE THAT. UM I'M HAVING TO GIVE THIS A LOT OF PAUSE BECAUSE WE JUST DID A COMPREHENSIVE LAND PLAN IN 2022 OVERHAULING THE CITY. THIS AREA WAS SPECIFICALLY CALLED OUT AS ONE THAT WOULD REVERT TO CORRIDOR COMMERCIAL. AND THIS PROJECT IS CHANGING TO TWO STRIP CENTERS AND POTENTIALLY A DRIVE THROUGH RESTAURANT WITH THE RESIDENTIAL BEHIND IT. NOW I UNDERSTAND THAT THE OLD ZONING IS WHAT WAS IN PLACE, BUT WE HAD A COMMITTEE OF PEOPLE FROM ACROSS THE CITY. THE COUNCIL SPENT A LOT OF TIME STAFF SPEND A LOT OF TIME AND RESIDENTIAL USAGE WAS NOT INCLUDED UNDER THAT DEFINITION AT ALL. AND THIS IS CALLING NOW FOR THE VAST LION'S SHARE TO BE CONVERTED INTO HIGH DENSITY RESIDENTIAL BECAUSE IF YOU LOOK AT THE RESIDENTIAL DENSITY, IT'S OUTSIDE OF OUR ZONING STANDARDS ON ON THE APARTMENTS ON HIGH DENSITY RESIDENTIAL TO BEGIN WITH. IT'S A HIGHER DENSITY. IT'S SMALLER APARTMENTS AND TO THE APPLICANT'S OWN SPEECH. THESE ARE NOT AFFORDABLE. THESE ARE NOT BEING TARGETED IN. THESE ARE BEING TARGETED FOR YOUNG PROFESSIONALS WITH THE HIGHEST RENT THAT THE MARKET WILL BEAR.

AND THAT IS THAT IS EXACTLY WHAT THE APPLICANT STATED ON THE RECORD AS TO WHAT THEY'RE TRYING TO ATTRACT. AND I COMPLETELY UNDERSTAND THAT. BUT WHEN I'M LOOKING AT IT AND I LOOK AT TRAFFIC CONCERNS. AND BUT ABOVE ALL, WHEN I LOOK AT A COMPREHENSIVE LAND PLAN, IT DIDN'T CALL FOR ANY OF THAT TO BE LOCATED THERE. NOW I UNDERSTAND, GIVE AND TAKE BUT TO ME THIS IS A REQUEST TO TURN THIS INTO STRIP CENTER UP FRONT. DRIVE THROUGHS BY RIGHT ON ALL THREE AND THERE'S NO COMMITMENT TO BUILDING ANY OF THAT BY THIS DEVELOPER. YES I GET IT. THE FLAT WORK WILL BE IN. BUT THOSE SITES COULD SIT FOR FIVE YEARS. 10 YEARS. WE DON'T KNOW. THEY'LL SIT UNTIL SOMEONE IS WILLING TO COME AND BUILD THEM. AND MY THAT'S MY CONCERN WITH IT IS IT

[01:05:05]

DOES NOT FIT THE PLAN THAT THE CITY PUT IN PLACE. AND I UNDERSTAND THAT PLANS CHANGE, BUT WE'RE GOING FROM 100 AND 50 APARTMENTS TO 250. WE'RE DROPPING TO 37,000 SQUARE FEET OF COMMERCIAL FROM ONE THAT WAS GOING TO BE IN THE SIX FIGURES AND WAS GOING TO TRY TO ATTRACT.

UH AND AGAIN I UNDERSTAND THERE WAS A LOT OF PIE IN THE SKY. BUT WE KNOW FROM LOOKING AND WORKING WITH DEVELOPERS THAT THERE ARE DEPTH OPPORTUNITIES. THERE ARE JUNIOR BOX RETAILERS. THERE ARE GROCERY STORES. THERE ARE GYM USERS. THERE ARE A LOT OF PEOPLE WHO LOOK IN THIS MARKET. FOUR LOCATIONS AND THEY WOULD BE ON THE SECONDARY IN THE REAR OF AN AREA WHICH THEN BRINGS THE SAME TYPE OF VALUE TO ANY COMMERCIAL THAT'S PUT UP FRONT. MY CONCERN IS THAT WE'RE TRADING IN THE COMPREHENSIVE LAND PLAN FOR AN APARTMENT COMPLEX. AND I JUST DON'T KNOW IF THAT SITS WELL WITH ME SO THAT'S THAT'S MY THAT'S WHAT I WANTED TO SAY ABOUT THAT. I'LL TURN IT TO COUNCILMAN WILLIAMS. THANK YOU, MAYOR. OH, SORRY, COUNCILMAN DUKE IF YOU'LL LET HIM BUZZ BACK IN AS HE HIT IT TWICE. THERE YOU GO. SO NOW YOU'RE OUT AND YOU COSMETIC. UH, THANK YOU, MAYOR.

SO, UM AND I CAN APPRECIATE WHAT MAYOR? SEEN BECAUSE I AM SEEING A LOT OF THE SAME ON THE UNITS THEMSELVES. ONE OF MY THINGS WOULD BE IF WE WERE TO GO FORWARD. THAT I WOULDN'T I WOULD WANT TO SEE A ROW OUT PLAYING IN THE PD. THAT ALLOWED FOR THE COMMERCIAL TO BE BUILT SIMULTANEOUSLY WITH THE RESIDENTIAL AS THE RESIDENTIAL HAPPENED. THAT WAY. UH, AS A CITY WHAT COMMERCIAL IS THERE? WE KNEW THAT WOULD NOT JUST BE DEVELOPED, UH, AT SOME POINT, BUT IT WOULD BE DEVELOPED NOW, EVEN IF IT DOESN'T TAKE TENANTS. NOW IT'S GONNA GO ON TO THE TAX ROLLS NOW, AND I UNDERSTAND FROM A BUILDER STANDPOINT, THAT THAT'S ONE OF THE THINGS WE WANNA WAIT FROM. BUT THAT'S ONE OF THE THINGS AS A CITY THAT ALSO JUST DELAYS THAT DEVELOPMENT, TAKING OFF INSTEAD OF PUSHING IT INTO, UM UH, BEING OFFERED TO TENANTS TO BE ABLE TO COME IN AT AN ATTRACTIVE RATE BECAUSE IT NEEDS TO GET MOVING. IT NEEDS THAT SYNERGY AND ENERGY. UM, SO I WANTED TO JUST MENTION THAT, UH, IF WE WERE GONNA GO FORWARD WITH IT, THAT'S ONE THING I WOULD WANT TO SEE. IN ADDITION TO THOSE OTHER THINGS WE'VE TALKED ABOUT, UH, I AM CONCERNED LIKE MAYOR SAID THAT, UM, I DO THINK THAT THIS PRO THIS PROPERTY HAS NOT BEEN UM AVAILABLE FOR REDEVELOPMENT FOR VERY LONG WHILE IT HAS SAT A LONG TIME, IT HAS BEEN JUST RECENTLY THAT THAT INITIAL PROJECT CAME TO A CLOSE AND CAME TO A NOT HAPPENING, SO I DON'T THINK THAT IT'S A I DON'T THINK IT'S A PROJECT TO WRITE OFF AS FAR AS, UH, ANY OPPORTUNITY, UH, ALONG THE LINES OF, UM SOME OF THE COMMERCIAL CORRIDOR THAT MAYOR IS TALKING ABOUT, AND JUST GIVING THAT MUCH OF THE, UM UM BENEFIT OF THAT LAND TO MULTIFAMILY IN A AWAY FROM COMMERCIAL SO IN, UH, TO YOUR POINT, IF 250 UNITS IS THE NUMBER THAT IT DOESN'T MAKE IT FEASIBLE TO DO A PROJECT LIKE THAT ON A LOT LIKE THIS, THEN I WOULD PROBABLY LEAN TOWARD. WELL THEN MAYBE THAT'S NOT THE RIGHT USE FOR THIS PARTICULAR PIECE OF PROPERTY BECAUSE GETTING THAT JUST THAT COMMERCIAL UPFRONT WHEN AS A CITY YOU'RE RIGHT, WE DID GO THROUGH ALL THIS. YOU KNOW, PLANS AND COUNCIL MEETINGS AND WORKSHOPS AND EVERYTHING TO GET BROUGHT TO THE CITY. WHAT WE THOUGHT WAS COMING. EVEN THOUGH IT WAS PIE IN THE SKY. I DO THINK THAT WE COULD PROBABLY DO SOMETHING THAT IS MORE BENEFICIAL TO THE CITY THAN THE AMOUNT OF APARTMENTS THAT YOU'RE LOOKING AT PUTTING IN THERE. THAT'S JUST MY THOUGHT. THE COUNCILMAN, DUKE. THANK YOU, MISS SWEAR. JUST GOING TO KEEP IT SHORT. I JUST AGREE WITH THE MAYOR'S COMMENTS AND WHAT HE SAID. THANK YOU. MAYOR PROTON. THANK YOU, MAYOR. SO I THINK ONE OF THE THINGS THAT I HAVE A HARD TIME WITH THIS PROJECT IN GENERAL, IS THAT IF WE DO APPROVE THIS GOING FORWARD IN THE MANNER THAT THE REQUEST HAS BEEN MADE. WE'RE GOING TO HAVE APARTMENT BUILDINGS GO UP. WITH DIRT WORK DONE IN FRONT OF IT. AND THEN AT SOME POINT SOMEBODY WILL COME ALONG. MAYBE AND BUILD THE RETAIL. ACROSS THE FRONT OF THE PROJECT. THAT RETAIL WILL NOT HAVE ANY KIND OF FLOW. AND I THINK THAT ONE THING THAT THAT WE THAT WE'VE FAILED TO MENTION DURING THIS CONVERSATION IS THAT WE DID GO THROUGH QUITE A BIT OF UNDULATIONS WITH THE PREVIOUS DEVELOPER BECAUSE WE WEREN'T SATISFIED WITH THE MIX AND THE MULTI USE DEVELOPMENT BETWEEN RESIDENTIAL AND COMMERCIAL. AND IT WAS HEAVILY LEVERAGED ON COMMERCIAL AND THEY CAME IN WITH THE SAME SONG AND DANCE. THAT WON'T WORK UNLESS WE PUT ALL THESE APARTMENTS ON THESE PROPERTY. UM BUT WHEN THEY CAME BACK AND GOT A BALANCE THAT WE WERE SATISFIED WITH, THEY HAD A COMMUNITY FEEL. IT HAD A HOMOGENEOUS LOOK TO IT. IT LOOKED SOMETHING SIMILAR TO WHAT WATERS CREEK LOOKS LIKE OR

[01:10:03]

ANOTHER DEVELOPMENT OVER IN THE FORNEY AREA THAT THAT WHEN YOU DROVE UP IT LITERALLY LOOKED LIKE A DESTINATION. AND THIS TO ME. DOESN'T LOOK LIKE A DESTINATION. IT LOOKS MORE LIKE DRIVING DOWN 544 AND SEE IN THE STRIP CENTERS IN FRONT OF A LOWE'S AND HOME DEPOT OR IN FRONT OF THE BIG BOX STORES, EXCEPT WHERE SEVEN COMMERCIAL BEHIND IT WITH THE POTENTIAL OF HAVING 500 VEHICLES PASSED IN AND OUT OF TWO DRIVEWAYS. UM SO THOSE ARE THE THINGS THAT CONCERN ME ABOUT IT. UH, IT JUST DOESN'T LOOK LIKE TO ME THAT THIS THAT WE'RE GOING IN THE SAME DIRECTION THAT WE'RE WE WERE BEFORE. UH AND THEN TO ADD THE NUANCES OF THE COMPREHENSIVE LAND PLAN. I'M NOT GOING TO BEAT THAT HORSE BECAUSE WE DID SPEND QUITE A BIT OF TIME ON IT, UH, TO THE POINT OF THE MAYOR, SO I APPRECIATE THE THOUGHT AND THE THOUGHTFUL EFFORT THAT WAS PUT FORTH TO BRING THIS AND I WAS, UH AND LOOK FORWARD TO MOVING IN SOME DIRECTION THAT WE CAN AGREE ON. THANK YOU. OK? SO IT APPEARS THAT THAT IS YOU KNOW ANY OTHER I'LL ASK ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL COUNCILMAN MAICI. I KNOW WE'RE BEING ASKED TO I GUESS, MAKE A DECISION OR VOTE ON IT. I WOULD ASK THAT WE TABLE. THIS ITEM LET THE CONSULTANT GO BACK TO THE OWNERS WITH SOME OF THE COMMENTS THAT WE MET. WE TALKED ABOUT IT. SO I'D LIKE TO MAKE A MOTION TO TABLE THIS ITEM. OK? DO YOU HAVE? A DATE OR JUST TO THE STANDARD MISS STORM. WHAT IS IT TYPICALLY? IS IT AUTOMATIC THAT IT COMES BACK IN IN THREE MEETINGS IF YOU DON'T SPECIFY A DATE. SO DO YOU HAVE A DATE IN MIND? OR WOULD YOU HAVE A 33 MEETINGS? I THINK IT'S SO WITHIN THE THREE MEETINGS, SO JUST A MOTION TO TABLE YES, SIR. OK. WE HAVE A MOTION TO TABLE. DO WE HAVE A SECOND MAYOR PROTON WITH THAT MOTION? WE HAVE A MOTION WITH THE SECOND TO TABLE THE ITEM COUNCIL, PLEASE CAST YOUR VOTE. OK, AND THE MOTION CARRIES 61 WITH MYSELF AGAINST MOTION IS TA OR THE ITEM IS TABLED. OK, SO WITH THAT THAT MOVES US TO ITEM NUMBER THREE THIS EVENING. WHICH

[3. Consider, and act upon, Ordinance No. 2024-07 amending Wylie’s Code of Ordinances, Ordinance No. 2022-44, as amended, Appendix A (Wylie Comprehensive Fee Schedule), Section IX (Parks and Recreation).]

IS TO CONSIDER AN ACT ON ORDINANCE NUMBER 20. 24 7 AMENDING WILEY'S CODE OF ORDINANCES. ORDINANCE NUMBER 20 22-44 IS AMENDED APPENDIX A WIDELY COMPREHENSIVE FEE SCHEDULE SECTION NINE PARKS AND RECREATION. THANK YOU, MAYOR. UM SO CURRENTLY THE, UH, FEE ORDINANCE FOR PARKS AND RECREATION STILL INCLUDES THE VERY SPECIFIC FEES LISTED FOR, UM, PAVILION RENTALS AND, UH, FIELD RENTALS. UM LET UH, 2022 COUNCIL ALLOWS STAFF TO AMEND THE ORDINANCE TO TAKE OUT THE RECREATION FEES SO THAT WE WOULD HAVE A LITTLE BIT MORE FLEXIBILITY IN CHANGING FEES AS NEEDED, UM, OFFERING PROMOTIONS THAT SORT OF THING, UM THAT WAS IN CONJUNCTION WITH A FEE STUDY. WE ARE CURRENTLY ENTERING THE STUDY FOR THE PARK SIDE, AND, UM , ULTIMATELY, WE WOULD NEED TO REMOVE THOSE FEES TO TAKE THE SAME PATH. SO STEPH IS ASKING TO JUST REMOVE THE SPECIFIC FEES TREATED THE SAME AS RECREATION. UM, SO THAT ANY RENTAL FEES.

WOULD COME BACK TO THE COUNCIL FOR APPROVAL DURING THE BUDGET PROCESS AND THE CURRENT FEES.

THAT ARE LISTED IN THE, UM ORDINANCE. RIGHT NOW, WOULD WE WOULD JUST CONTINUE WITH THOSE FEES UNTIL WE BRING THE FEES BACK FOR APPROVAL. OK? MAYOR PROTON. THANK YOU SO CAR MOD IF I HEAR YOU, RIGHT? IT'S JUST FOR THE FEES FOR RENTALS, ET CETERA. WE'RE NOT TALKING ABOUT CHANGING THE LOCATION OF THE PARKLAND DEDICATION. THESE CORRECT THEY'LL STILL REMAIN. THE SAME DEDICATION FEES WOULD STAY AS THEY ARE. THANK YOU. OK? COUNCILMAN WILLIAMS. THANK YOU, MAYOR. UM CARMEN DOES THIS, UH, ORDINANCE CHANGE GIVE YOU THE MOST FLEXIBILITY THAT YOU NEED TO BE ABLE TO DO WHAT YOU NEED TO DO? YES UM, IN THE PAST, AND I'M TALKING PRE 2022. WE WOULD HAVE HAD TO COME BACK PERIODICALLY TO MAKE ORDINANCE CHANGES IF WE WANTED TO CHANGE ANY FEES. AND THIS WILL ALLOW US A LITTLE BIT MORE FREEDOM SO WE CAN JUST DO IT THROUGH THE BUDGET PROCESS WITH YOU GUYS. SO OBVIOUSLY YOU'RE IN SUPPORT OF IT. YES. OK? ANY OTHER QUESTIONS . AND IF NOT, I'D BE OPEN TO A MOTION MAYOR PRO TEM. THANK YOU, MAYOR. I'D LIKE TO MAKE A MOTION

[01:15:01]

TO APPROVE THE ITEM AS PRESENTED. I'LL SECOND THE MOTION. OK WE HAVE COUNCILMAN MEIC WITH THE SECOND. SO WE HAVE A MOTION WITH THE SECOND COUNCIL. PLEASE CAST YOUR VOTE.

MOTION CARRIES 70. WHAT THAT WILL MOVE TO ITEM FOUR, WHICH IS TO CONSIDER AND ACT UPON THE

[4. Consider, and act upon, the approval of annual agreement No. W2024-21-A with Emergicon, LLC for EMS Billing Services for Wylie Fire Rescue, and authorizing the City Manager to execute any necessary documents.]