ALL RIGHT, GOOD EVENING, WELCOME TO THE REGULAR MEETING OF THE FRISCO PLANNING AND ZONING [CALL TO ORDER] [00:00:03] COMMISSION WERE GATHERED AT 6101 FRISCO SQUARE BOULEVARD AN THE TIME IS 6:32 P.M. PLANNING AND ZONING COMMISSION CONSISTS OF FRISCO RESIDENTS APPOINTED BY THE CITY COUNCIL. TONIGHT, COMMISSIONERS PRESENT ARE COMMISSIONER CONE, COMMISSIONER KENDALL, COMMISSIONER BOX OUR VICE CHAIR, COMMISSIONER KELLY, OUR SECRETARY AND COMMISSIONER MORGAN. ABSENT TONIGHT IS COMMISSIONER COLBERG. I'M ROB COX. I'M YOUR CHAIR FOR THIS EVENING. REPRESENTING STAFF THIS EVENING IN DEVELOPMENT SERVICES WE HAVE JOHN LETTELLEIR, ANTHONY SATARINO, JONATHAN HUBBARD, JONATHAN POLLARD, KARI WHITE, CINDY JACKSON AND KAYLA QUIJANO . REPRESENTING ENGINEERING WE HAVE JOEL FITTS AND TOYIN FAWEHINMI. ANYONE ELSE? WE HAVE FIRE. WE DO HAVE A ALYSSA SANDERS AS WELL. ANYONE ELSE THIS EVENING. EXCELLENT. ALL RIGHT, THE FIRST ITEM ON OUR AGENDA THIS EVENING IS CITIZEN INPUT. IF YOU WISH TO ADDRESS THE COMMISSION REGARDING ANY ITEMS THAT ARE ON TONIGHT'S AGENDA, YOU MAY DO SO AT THIS TIME. PLEASE COMPLETE THE BLUE SPEAKER CARD AND APPROACH THE PODIUM. PRIOR TO YOUR COMMENTS PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, OUR MEETINGS ARE RECORDED, SO PLEASE SPEAK DIRECTLY INTO THE MICROPHONE. PLEASE ADDRESS ALL COMMENTS TO THE COMMISSION, NOT TO MEMBERS OF THE AUDIENCE OR ANY APPLICANTS PRESENT THIS EVENING. TO ENSURE THERE IS ENOUGH TIME FOR ALL TO SPEAK PLEASE LIMIT YOUR COMMENTS TO A MAXIMUM OF FIVE MINUTES UNLESS YOU MUST ADDRESS THE COMMISSION THROUGH A TRANSLATOR IN WHICH YOU HAVE A MAXIMUM OF 10 MINUTES. PLEASE NOTE THE COMMISSION CANNOT TAKE OR DISCUSS SPECIFIC ACTION DURING CITIZEN INPUT ON ITEMS NOT ON THE POSTED AGENDA, EXCEPT TO PROVIDE A STATEMENT OF SPECIFIC FACTUAL INFORMATION IN RESPONSE TO AN INQUIRY TO RECITE EXISTING POLICY IN RESPONSE TO AN INQUIRY, OR TO INDICATE THAT THE MATTER MAY BE PLACED ON A LATER AGENDA. WE WILL ALSO HAVE SEVERAL PUBLIC HEARINGS LATER IN THE EVENING. IS THERE ANYONE THAT WANTS TO SPEAK DURING CITIZEN INPUT AT THIS TIME? ALL RIGHT, THE NEXT ITEM ON OUR AGENDA IS THE APPROVAL OF THE MINUTES ITEM TWO CONSIDER [APPROVAL OF MINUTES] AND ACT UPON APPROVAL MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING ON MAY 25TH 2021. COMMISSIONERS ARE THERE ANY QUESTIONS ON THE MEETINGS? ANY COMMENTS ON THE MEETINGS? OR DO I HAVE A MOTION ON ITEM TWO. MOVE TO APPROVE. GO AHEAD. MOVE TO APPROVE THE MINUTES OF MAY 25TH MEETING. A MOTION BY COMMISSIONER MORGAN. SECOND. SECONDED BY COMMISSIONER KELLY, ALL THOSE IN FAVOR? AYE. ANY OPPOSED. THE MOTION CARRIES FIVE ZERO. ITEM TWO IS APPROVED. NEXT ON OUR AGENDA IS THE CONSENT AGENDA ITEMS. [CONSENT AGENDA] CONSENT AGENDA CONSISTS OF ROUTINE AND NON-CONTROVERSIAL ITEMS. ANY COMMISSION MEMBER MAKING SUCH REQUEST PRIOR TO A MOTION AND VOTE ON THE CONSENT ITEMS MAY CONSIDER ITEMS INDIVIDUALLY. ANY MEMBER OF THE AUDIENCE WISH TO MAKE COMMENTS ON CONSENT AGENDA ITEMS MAY DO SO WITH THE MAJORITY APPROVAL OF THE COMMISSION. WE HAVE ITEMS THREE THROUGH NINE THIS EVENING. ARE THERE ANY THAT NEED TO BE PULLED FOR INDIVIDUAL CONSIDERATION? NEED TO PULL NUMBER FIVE AS I NEED TO RECUSE MYSELF. ALL RIGHT. ARE THERE ANY OTHER ITEMS ON THE AGENDA THAT NEED TO BE PULLED. DO I HAVE A MOTION ON ITEMS THREE, FOUR, SIX THROUGH NINE. MOTION TO APPROVE ITEMS THREE FOUR SIX THROUGH NINE MOTION BY COMMISSIONER BOX. SECOND. SECOND BY COMMISSIONER CONE. ALL THOSE IN FAVOR AYE. ANY OPPOSED MOTION CARRIES FIVE ZERO. ITEMS, THREE FOUR SIX THROUGH NINE ARE APPROVED. COMMISSIONER BOX IS GOING TO RECUSE HIMSELF TO THE OUTER LOBBY. IT WAS REALLY OUTSIDE THE BACK DOOR. ITEM FIVE, OPEN SPACE PLAN AND PRELIMINARY SITE PLAN FRISCO 45 BLOCK B LOTS 2-40 OS [5. Open Space Plan & Preliminary Site Plan: Frisco 45, Block B, Lots 2-40 (OS21-0026 & PSP21-0013)] 21-0026 AND PSP21-0013 OWNERS 121 SPRING CREEK LLC. [INAUDIBLE] HAD TO STEP DOWN WE DON'T NEED TO DO A PRESENTATION. UNLESS YOU WANT ONE. JUST MAKE A MOTION. OK, DO I HAVE A MOTION TO APPROVE ITEM FIVE. MOVE TO APPROVE ITEM FIVE AS SUBMITTED BY STAFF. MOTION BY COMMISSIONER MORGAN. SECOND. SECOND BY COMMISSIONER KENDALL. ALL THOSE IN FAVOR. AYE. ANY OPPOSE MOTION CARRIES FOUR ZERO. ITEM FIVE IS APPROVED. IF SOMEONE COULD GET MR. BOX BACK IN HERE. TONIGHT, WE HAVE FIVE PUBLIC HEARINGS ON THE AGENDA AND I WANT TO REVIEW THE PROCESS. EACH PUBLIC HEARING ITEM IS PRECEDED BY A STAFF INTRODUCTION OF THE REQUEST. THE APPLICANT IS THEN PERMITTED 10 MINUTES TO MAKE HIS OR HER PRESENTATION TO THE COMMISSION. FOLLOWING QUESTIONS OF THE STAFF AND APPLICANT BY THE COMMISSION THOSE WISHING TO SPEAK ARE WELCOME TO ADDRESS THE COMMISSION. ALL SPEAKERS, INCLUDING THE APPLICANT, NEED TO COMPLETE A SPEAKER'S CARD AND PROVIDE IT TO THE ADMINISTRATIVE ASSISTANT. IF THERE ARE ORGANIZED GROUPS IN ATTENDANCE WE SUGGEST THAT YOU SELECT REPRESENTATIVES, PRESENT YOUR POSITIONS. PLEASE AVOID REPEATING WHAT HAS BEEN STATED BY PREVIOUS SPEAKERS OTHER THAN STATING YOU AGREE WITH THEIR COMMENTS. THE TIME LIMIT IS FIVE MINUTES PER SPEAKER TO ENSURE EVERYONE HAS A CHANCE TO SPEAK. THE COMMISSION MEMBERS CAN VOTE TO LIMIT SPEAKING TIME IF A LARGE VOLUME OF PEOPLE ARE WISHING TO SPEAK. PLEASE NOTE THAT YOU ONLY HAVE ONE OPPORTUNITY TO SPEAK. REPEAT APPEARANCES TO THE PODIUM ARE NOT PERMITTED. AFTER ALL PERSONS HAVE BEEN GIVEN THE OPPORTUNITY TO SPEAK THE PUBLIC HEARING PORTION OF THE CASE WILL BE CLOSED AND NO FURTHER TESTIMONY WOULD BE PERMITTED UNLESS THE CASE IS [00:05:02] TABLED TO A FUTURE DATE. AND THE COMMISSION, INCLUDES IN THE MOTION TO CONTINUE THE PUBLIC HEARING FOR A FUTURE MEETING. AFTER CLOSING THE PUBLIC HEARING MEMBERS OF THE COMMISSION MAY HAVE QUESTIONS FOR THE STAFF OR THE APPLICANT. PLEASE NOTE THE PLANNING AND ZONING COMMISSION ONLY MAKES A RECOMMENDATION REGARDING ZONING CASES UNLESS THE COMMISSION DENIES THE CASE AND THE APPLICANT DOES NOT APPEAL THE DENIAL. FINAL ACTION REQUIRES A PUBLIC HEARING BY THE CITY COUNCIL. YOU ARE ENCOURAGED TO CONTACT DEVELOPMENT SERVICES STAFF AS TO WHEN THE CASE WILL BE CONSIDERED BY THE CITY COUNCIL. ITEM 10 PUBLIC HEARING REPLAT FRISCO SQUARE BLOCK A LOT 1R (RP21-0009) OWNERS COLUMBIA [10. Public Hearing - Replat: Frisco Square, Block A, Lot 1R (RP21-0009)] MEDICAL CENTER OF PLANO SUBSIDIARY LIMITED PARTNERSHIP. GOOD EVENING. FOR THE RECORD, I'M CINDY JACKSON SENIOR PLANNER WITH THE DEVELOPMENT SERVICES, I'M HERE TONIGHT TO PRESENT TO YOU. ITEM NUMBER RP21-0009. THIS IS AN ITEM THAT THE PLANNING AND ZONING COMMISSION TABLED AT THE PUBLIC HEARING AT THEIR MAY 11TH MEETING THE PLANNING AND ZONING COMMISSION ALSO APPROVED THE APPLICANT'S REQUEST FOR A 30 DAY EXTENSION AT ITS MAY 11TH MEETING. SO THIS ITEM NEEDS TO BE REMOVED FROM THE TABLE. COMMISSIONERS, DO I HAVE A MOTION TO REMOVE THIS FROM THE TABLE AND RESUME THE PUBLIC HEARING? SO MOVED. MOTION BY COMMISSIONER BOX. SECOND. SECOND BY COMMISSIONER MORGAN. ALL THOSE IN FAVOR. AYE. ANY OPPOSED THE MOTION CARRIES 5 0 ITEM'S BEEN REMOVED FROM THE TABLE. THANK YOU. THE PURPOSE FOR THIS REPLAT IS TO COMBINE TWO LOTS INTO ONE LOT. THE PLAT COMPLIES WITH THE SITE PLAN SP 20-0060 THAT THE PLANNING AND ZONING COMMISSION APPROVED ON SEPTEMBER 20TH 2020 AND STAFF RECOMMENDS APPROVAL OF THIS REQUEST. THAT CONCLUDES MY PRESENTATION. THANK YOU WOULD THE APPLICANT CARE TO SPEAK AT THIS TIME. ONLY IF THERE IS QUESTIONS. ALL RIGHT. DO I HAVE A MOTION TO OPEN A PUBLIC HEARING? SO MOVED. MOTION BY COMMISSIONER KELLY. SECOND. SECOND BY COMMISSIONER BOX, ALL THOSE IN FAVOR. AYE. ANY OPPOSED. THE MOTION CARRIES FIVE ZERO PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM AT THIS TIME. SEEING NONE I MOVE TO CLOSE THE PUBLIC HEARING. MOTION BY COMMISSIONER KENDALL. SECOND. SECOND BY COMMISSIONER CONE ALL THOSE IN FAVOR. AYE. ANY OPPOSED THE MOTION CARRIES FIVE 0. THE PUBLIC HEARING IS NOW CLOSED. ALL RIGHT. ANY COMMENTS ON THIS ONE QUESTIONS OR DO I HAVE A MOTION ON ITEM 10. MOVE TO APPROVE ITEM TEN AS RECOMMENDED BY STAFF FOR APPROVAL AS RECOMMENDED BY STAFF. MOTION BY COMMISSIONER BOX. SECOND. SECOND BY COMMISSIONER MORGAN. ALL THOSE IN FAVOR. AYE. ANY OPPOSED. MOTION CARRIES 5 0. ITEMS 10 IS APPROVED. CONGRATULATIONS. ITEM ELEVEN PUBLIC HEARING REPLAT COLLINSBROOK FARM PHASE 1, BLOCK G, [11. Public Hearing - Replat: Collinsbrook Farm, Phase 1, Block G, Lot 31 (RP21-0019)] LOT 31 (RP21-0019) OWNERS FIRST TEXAS HOMES INC.. THANK YOU, CHAIRMAN. COMMISSION. RP21-0019 IS A REQUEST TO MODIFY UTILITY SIDEWALK AND WATER EASEMENTS TO MATCH THE ON SITE IMPROVEMENTS. THESE WERE MODIFICATIONS THAT WERE IDENTIFIED BY THE ENGINEERING SERVICES THROUGH THE FINAL ACCEPTANCE PROCESS. ENGINEERING SERVICES SUPPORTS THESE CHANGES AND STAFF RECOMMENDS APPROVAL. AND THAT CONCLUDES MY PRESENTATION. THANK YOU. WOULD THE APPLICANT CARE TO SPEAK AT THIS TIME. SO, DO I HAVE A MOTION TO OPEN PUBLIC HEARING? SO MOVED. MOTION BY COMMISSIONER CONE. SECOND. SECOND BY COMMISSIONER BOX. ALL THOSE IN FAVOR. AYE. ANY OPPOSED. MOTION CARRIES 5 0. PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM THIS EVENING. SEEING NONE MOVE TO CLOSE PUBLIC HEARING. MOTION BY COMMISSIONER KENDALL. SECOND. SECOND BY COMMISSIONER KELLY. ALL THOSE IN FAVOR. AYE. ANY OPPOSED. MOTION CARRIES 5 0. PUBLIC HEARING IS NOW CLOSED. ALL RIGHT. COMMISSIONERS, ANY QUESTIONS ON THIS PARTICULAR ITEM, DO I HAVE A MOTION. MOVE TO APPROVE ITEM 11 AS RECOMMENDED BY STAFF. MOTION BY COMMISSIONER BOX. SECOND. SECONDED BY COMMISSIONER MORGAN, ALL THOSE IN FAVOR AYE. ANY OPPOSED MOTION CARRIES 5 0. ITEM 11 IS APPROVED. ITEM TWELVE, PUBLIC HEARING REPLAT CASADY LIVING TRUST ADDITION [12. Public Hearing - Replat: Casady Living Trust Addition, Block 23, Lots 1-2 (RP21-0020)] BLOCK 23, LOTS 1-2 (RP21-0020) OWNERS CASADY LIVING TRUST. THANK YOU MR. CHAIR. GOOD EVENING COMMISSION. THIS PROJECT WAS SUBMITTED ON MAY 10TH 2021. THE APPLICANT IS REQUESTING A 30 DAY EXTENSION TO ALLOW FOR ADDITIONAL CHANGES TO BE MADE PRIOR TO ACTION BEING TAKEN. THE PLANNING AND ZONING COMMISSION HAS THE AUTHORITY TO APPROVE OR DENY A ONE TIME 30 DAY EXTENSION REQUEST SHOULD THE PLANNING AND ZONING COMMISSION GRANT THE EXTENSION. THIS ITEM WILL BE PLACED ON THE JUNE 22ND AGENDA. ADDITIONALLY, SINCE THIS ITEM IS A PUBLIC HEARING, THE PUBLIC HEARING WILL NEED TO BE [00:10:01] CONTINUED AND THE ITEM TABLED TO THE JUNE 22ND MEETING. I'M HAPPY TO ANSWER ANY QUESTIONS. ALL RIGHT. IS THE APPLICANT HERE AND WOULD THEY CARE TO SPEAK? DO I HAVE A MOTION TO OPEN PUBLIC HEARING. SO MOVED. MOTION BY COMMISSIONER KELLY. SECOND. SECOND BY COMMISSIONER BOX. ALL THOSE IN FAVOR. AYE. ANY OPPOSED. THE MOTION CARRIES 5 0. THE PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM AT THIS TIME? SO BEFORE WE CLOSE OUT THIS, I WOULD LIKE TO MAYBE GET A MOTION TO TABLE THIS ITEM AND CONTINUE THE PUBLIC HEARING. BUT DO WE HAVE A 30 DAY OF WHEN THAT DATE WOULD BE. YEAH JUNE SO DO I HAVE A MOTION TO TABLE THIS ITEM AND CONTINUE THE PUBLIC HEARING. I MOVE THAT WE ACCEPT A 30 DAY EXTENSION TO CONTINUE THE PUBLIC HEARING AND TABLE THE ITEM TO THE JUNE 22ND SECOND MEETING. MOTION BY COMMISSIONER MORGAN. SECOND. SECONDED BY COMMISSIONER KENDALL. ALL THOSE IN FAVOR. AYE. ANY OPPOSED. MOTION CARRIES FIVE ZERO ITEM IS TABLED AND PUBLIC HEARING IS CONTINUED. ITEM 13 PUBLIC HEARING REPLAT OLD DONATION TO FRISCO, BLOCK 10, LOT 13 (RP21-0021) OWNERS [13. Public Hearing - Replat: Old Donation to Frisco, Block 10, Lot 13 (RP21-0021)] OLD TOWN 6TH STREET LLC. DECIDED YOU WANT A LITTLE MORE CINDY AND COME RIGHT UP. RIGHT. THANK YOU. THIS PROJECT WAS SUBMITTED ON MAY 10TH. THE APPLICANT IS REQUESTING A 30 DAY EXTENSION PERMITTED UNDER HOUSE BILL 3167 TO ALLOW THEM MORE TIME TO ADDRESS THE STAFF'S COMMENTS. THEY'RE REQUESTING THE EXTENSION TO THE JUNE 22ND 2021 MEETING. THE PLANNING AND ZONING COMMISSION MEETING AGENDA FOR EITHER APPROVAL OR DISAPPROVAL, DEPENDING ON THE APPLICANT'S ABILITY TO SATISFY ALL COMMENTS, SINCE THIS ITEM IS A PUBLIC HEARING, THE PUBLIC HEARING WILL NEED TO BE CONTINUED. AND THE ITEM TABLED TO THE JUNE 22ND MEETING. THANK YOU. ARE THE OWNERS HERE AND WOULD THEY CARE TO SPEAK. MOVE TO OPEN PUBLIC HEARING. MOTION BY COMMISSIONER BOX. SECOND. SECOND BY COMMISSIONER KELLY. ALL THOSE IN FAVOR. AYE. ANY OPPOSED MOTION CARRIES 5 0. A PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM AT THIS POINT. DO I HAVE A MOTION TO TABLE THIS TO THE JUNE 22ND TO THE PLANNING AND ZONING MEETING TO CONTINUE THE PUBLIC HEARING? SO, MR. CHAIRMAN, FOR ITEM 13, I RECOMMEND THAT WE ACCEPT A 30 DAY EXTENSION TO CONTINUE THE PUBLIC HEARING. TABLE THE ITEM TO JUNE 22ND. MOTION BY COMMISSIONER MORGAN. SECOND. SECOND BY COMMISSIONER CONE. ALL THOSE IN FAVOR. AYE. ANY OPPOSED. THE MOTION CARRIES FIVE ZERO ITEM HAS BEEN TABLED. THANK YOU. ITEM 14, PUBLIC HEARING ZONING: THE GROVE FRISCO, PHASE 10 (Z21-0011) OWNERS [14. Public Hearing - Zoning: The Grove Frisco, Phase 10 (Z21-0011)] NASH FM 3537 LTD. THANK YOU, MR. CHAIR. THE APPLICANT IS REQUESTING TO REZONE THE PROPERTY SHOWN HERE FROM SINGLE FAMILY 8.5 AND RETAIL TO SINGLE FAMILY 7. THIS REQUEST IS COMPATIBLE WITH THE ADJACENT SINGLE FAMILY ZONING, THE FUTURE LAND USE PLAN AND THE COMPREHENSIVE PLAN STAFF IS RECOMMENDING APPROVAL OF THIS REQUEST TO SINGLE FAMILY 7. AND WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. DO WE HAVE ANY QUESTIONS FOR STAFF AT THIS TIME? I HAVE ONE QUESTION, JONATHAN. DOES THE CURRENT ZONING ANY IDEA ON WHAT THE CURRENT ZONING WOULD ALLOW FROM A NUMBER OF HOME PERSPECTIVE? I DO NOT KNOW. OK. SO WELL. SO I DON'T KNOW FROM EXACTLY WHAT YOU COULD GET BY THE TIME YOU GET IN ALL THE STREETS AND EVERYTHING. ONE THING TO CONSIDER IS THAT WHILE THE CURRENT ZONING IS SINGLE FAMILY, 8.5, THERE IS THE GARTNER DEVELOPMENT AGREEMENT ON THE PROPERTY THAT ALLOWS THEM TO DEVELOP AS SMALL AS PATIO HOME ON THE LOT SO THEY COULD DO A COMBINATION AS THEY HAVE DONE TO THE EAST. THEY COULD DO A COMBINATION OF SINGLE FAMILY 8.5 SINGLE FAMILY, SEVEN PATIO HOME AND GET A VARIETY OF LOT SIZES WHICH COULD YIELD DIFFERENT NUMBERS. OUTSIDE OF THE CURRENT ZONING. THEY COULD GO ABOVE AND BEYOND BECAUSE THE AGREEMENT, I DIDN'T UNDERSTAND WHAT YOU SAID, I'M SORRY. SO THERE IS THE GARTNER DEVELOPMENT AGREEMENT ON THE PROPERTY THAT ALLOWS THEM TO DO SMALLER LOTS THAN WHAT THE CURRENT ZONING ALLOWS. SO EVEN THOUGH THE CURRENT ZONING IS SINGLE FAMILY 8.5 OR WHAT IS PROPOSED TONIGHT, SINGLE FAMILY 7 PER THAT AGREEMENT, THEY STILL COULD DO SOME PATIO HOME LOTS IN THE DEVELOPMENT WHICH COMES WITH AN OPEN SPACE REQUIREMENT, 15 PERCENT OPEN SPACE REQUIREMENT. SO TAKING ALL OF THOSE THINGS INTO CONSIDERATION, IT COULD YIELD A NUMBER OF DIFFERENT POTENTIAL OPTIONS. [00:15:04] I THINK THAT THE AGREEMENT SUPERSEDES THE ZONING. I'M A LITTLE CONFUSED HOW THAT WOULD ACTUALLY WORK FROM A ZONING PERSPECTIVE. SO YOU HAVE THE ZONING ON THE PROPERTY. RIGHT. AND THEN THAT AGREEMENT ALLOWS THEM TO GO SMALLER THAN WHAT THE ZONING SAYS. SO WHEN THE AGREEMENT WAS DONE, THERE WAS A PORTION OF MULTIFAMILY ON THE PROPERTY, IT CUT THAT MULTIFAMILY. AND AS PART OF THAT AGREEMENT, IT SAID YOU CAN DEVELOP UP TO ONE THOUSAND FOUR HUNDRED AND THIRTY NINE LOTS SMALLER THAN WHAT THE ZONING ALLOWS. NOW, THAT AGREEMENT HAS BEEN AMENDED A COUPLE OF TIMES AND THAT ONE THOUSAND FOUR HUNDRED AND THIRTY NINE IS NOW SIX HUNDRED AND FORTY THREE. BUT SO WHAT I'M SAYING IS THAT THE ZONING, WHETHER IT'S SINGLE FAMILY, EIGHT POINT FIVE, SINGLE FAMILY SEVEN, WHAT IS PROPOSED HERE THEY COULD STILL DO PATIO HOME. ONE I JUST WANT TO CLARIFY ONE THING SO NO ONE WALKS AWAY. BUT WHERE IT IS ZONED RETAIL THAT DOES NOT ALLOW RESIDENTIAL. THAT IS CORRECT. THE CITY HAS NEVER HAD A CUMULATIVE ZONING. SO WHAT JONATHAN HAS MENTIONED THAT ONLY APPLIES TO WHAT'S CURRENTLY ZONED SINGLE FAMILY, YOU CANNOT DO RESIDENTIAL ON ANY OF THE COMMERCIAL PROPERTY. SO THIS AREA. JUST EXCUSE ME, THIS IS ELIMINATING THE RETAIL, CORRECT? THAT IS CORRECT. THERE'S ABOUT 11 ACRES OF RETAIL IN THIS AREA THAT I JUST DREW IN BLUE. WHICH WOULD AND THE REQUEST IS ELIMINATE TO EXPAND ON YOUR QUESTION, COMMISSIONER KELLY, IS THIS REQUEST IS TO ELIMINATE THE RETAIL AND AND PROVIDE MORE RESIDENTIAL ZONING WHERE THAT IS, WHICH IS, AS JOHN LETTELLEIR SAID, WOULD BE ALLOWED TO BE DEVELOPED A SINGLE FAMILY. BUT THAT'S THE REQUEST. CORRECT. SO THAT WILL BE SINGLE FAMILY SEVEN. MORE POTENTIAL MORE RESIDENTS, RESIDENTIAL PROPERTIES. CORRECT. I HAVE A FOLLOW ON QUESTION WHAT WE JUST SAID. SO IF WE EXTEND THE SINGLE FAMILY ZONING TO THE RETAIL CORNER, DOES THE GARNER AGREEMENT THEN EXTEND TO THAT CORNER OF THE LAND THAT ALREADY COVERS THE PROPERTY, ALREADY COVERS THE PROPERTY? THE DIFFERENCE IS THIS PROPERTY ZONE RETAIL. AND TO ALLOW ANY TYPE OF SINGLE FAMILY, IT HAS TO BE CHANGED TO RESIDENTIAL. OK, AND JUST ONE OTHER QUESTION ON THE DEVELOPMENT AGREEMENT, DOES IT COVER THIS DEVELOPMENT AGREEMENT, COVER BUILDING MATERIALS? NO, THIS IS A DEVELOPMENT AGREEMENT THAT WAS DONE YEARS AGO. BUT THE APPLICANT HAS VOLUNTARILY SIGNED THE DEVELOPMENT AGREEMENT TO ESTABLISH BUILDING MATERIAL STANDARDS, WHICH IS A NEW AGREEMENT THAT. SEPARATE. WHICH IS A SEPARATE AGREEMENT THAT. IT WOULD APPLY TO THIS. IT WILL APPLY TO WHAT YOU'RE SEEING HERE, BOUND IN YELLOW. AND SO JUST JUST AS A SIDE NOTE, WE HAVE SEEN THIS DEVELOPER BUILD OUT WITHOUT HAVING PLANNED DEVELOPMENT, BUILD OUT A VERY, VERY GOOD RESIDENTIAL NEIGHBORHOOD. CORRECT. WE'VE HAD A COUPLE REZONING'S ON THE PROPERTY. YES WE HAVE. AGREEMENTS. SO IT'S BEEN EXCELLENT, EXCELLENT WORK OUT THERE. CHAIRMAN, I'VE GOT ONE MORE QUESTION ON THE GARTNER AGREEMENT. ARE THERE OTHER VACANT TRACTS OF LAND THAT THAT AGREEMENT APPLIES TO WHERE THEY COULD THEN BUILD THE PATIO HOME, SOME OTHER PARCELS OF LAND OUTSIDE OF THIS? I MEAN, IT WILL APPLY TO THE AREA NORTH OF MAIN STREET. THE GARTNER AGREEMENT DOES COVER THAT, BUT THAT'S NOT PART OF TONIGHT'S DISCUSSION. UNDERSTOOD. OKAY AT THIS TIME WOULD THE APPLICANT CARE TO SPEAK. ONLY IF THERE IS QUESTIONS. ALL RIGHT. DO I HAVE A MOTION TO OPEN THE PUBLIC HEARING. SO MOVED. A MOTION BY COMMISSIONER KELLY. SECOND. SECOND BY COMMISSIONER BOX. ALL THOSE IN FAVOR. AYE. ANY OPPOSED. MOTION CARRIES FIVE ZERO. PUBLIC HEARING IS NOW OPEN. DOES ANYONE CARE TO SPEAK FOR OR AGAINST THIS ITEM THIS EVENING? SEEING NONE MOVE TO CLOSE PUBLIC HEARING. MOTION BY COMMISSIONER KENDALL. SECOND. SECOND BY COMMISSIONER CONE, ALL THOSE IN FAVOR. AYE. ANY OPPOSED. THE MOTION CARRIES FIVE ZERO. PUBLIC HEARING IS NOW CLOSED. ALL RIGHT. THIS ONE SEEMS A LITTLE COMPLEX. WE DID HAVE ONE PUBLIC COMMENT THAT CAME IN AGAINST THIS IN OUR PACKET. I JUST WANT TO MAKE SURE THAT IF THAT PERSON'S LOOKING AT THIS, THEY'RE WATCHING THIS, THAT WE DID READ THAT THERE ARE SOME MITIGATING CIRCUMSTANCES HERE IN TERMS OF AND TYPICALLY WE DON'T WANT TO GO FROM EIGHT POINT FIVE TO SEVEN IF POSSIBLE, BUT BECAUSE OF [00:20:03] THE DEVELOPMENT AGREEMENTS THAT HAVE BEEN IN PLACE, IT REALLY BECOMES A MOOT POINT. AND I THINK GETTING RID OF THE COMMERCIAL HERE MAKES SENSE. WE HAVE A PRETTY BIG COMMERCIAL COMPONENT THERE ON THAT CUSTER AND MAIN STREET. AND I THINK WE'VE KIND OF REEVALUATED SOME OF OUR COMMERCIAL CORNER USAGE ALONG MAIN STREET HERE, STATING THAT WE DON'T WANT TO OVERDO IT, DON'T NECESSARILY NEED IT ON EVERY CORNER. SO I DO THINK THAT'S A GOOD USE OF THE LAND. ANY COMMENTS ON THIS, COMMISSIONERS? ANY. I WOULD JUST ADD THAT I THINK ELIMINATING THE RETAIL ALLOWS IT TO BLEND BETTER INTO THE NEIGHBORHOODS, SINGLE FAMILY SEVEN. SO I'M IN FAVOR OF THIS. ANYONE ELSE. YOU KNOW, THE MARKET CONDITIONS HAVE CHANGED IN THE WAY THAT PEOPLE PLAN TO BUILD RETAIL ON MOST CORNERS 20 YEARS AGO IS NO LONGER THE CASE. AND SO THIS DOESN'T MAKE GOOD SENSE. NORMALLY WE TRY TO MAINTAIN RETAIL, BUT IN THIS CASE, IT'S A GOOD EXAMPLE OF WHERE THE RETAIL IS CLUSTERING TOGETHER ON PLACES LIKE CUSTER. I WOULD ALSO ADD JUST NORTH OF HERE TO ELDORADO AND CUSTER IS A LARGE AMOUNT OF RETAIL AND ADDITIONAL RETAIL BEING THAT WAS ANNOUNCED TODAY ON THE MCKINNEY SIDE WILL BE GOING IN AS WELL. SO NOT VERY FAR FROM THIS PROPERTY. YES, I LIVE A STONE'S THROW AWAY FROM THIS SITE. SO I'D WOULD BE VERY WELCOMING OF HAVING THIS REZONED TO RESIDENTIAL. SO VERY MUCH IN SUPPORT OF IT. ALL RIGHT. ANY OTHER COMMENTS? DO I HAVE A MOTION? MOVE TO APPROVE ITEM 14, AS PRESENTED BY STAFF. MOTION BY COMMISSIONER KELLY. SECOND. SECOND BY COMMISSIONER KENDALL, ALL THOSE IN FAVOR. AYE. ANY OPPOSED. MOTION CARRIES FIVE ZERO ITEM 14 IS APPROVED. CONGRATULATIONS. ITEM 15 RESULTS OF THE JUNE 1ST 2021 CITY COUNCIL MEETING. [15. Results of the June 1, 2021 City Council meeting.] THANK YOU, MR. CHAIR. THE RESULTS OF THAT MEETING WERE PROVIDED FOR YOU IN THE PACKET. I'D BE HAPPY TO ANSWER ANY SPECIFIC QUESTIONS. I DID HAVE ONE QUESTION ON THAT AND UNFORTUNATELY I DON'T HAVE IN FRONT OF ME. BUT ON THE FIRST ITEM, THE CITY COUNCIL VOTED ON 6 0, BUT IT DIDN'T STATE THAT THE VOTE ON PLANNING AND ZONING WAS 4 0, BUT AND COX WAS ABSENT. BUT I WAS SURPRISED THAT THE NUMBERS WERE WHERE THEY WERE. THAT ONE JUST SEEMED TO BE A LITTLE BIT CONFUSING TO ME. WHAT HAPPENED ON THAT ONE YOU WERE ABSENT AND DAVID WAS THE CHAIR HE DIDN'T VOTE ON THOSE ITEMS. SO IT SHOULD HAVE BEEN 5 0. IT SAYS 5 0. DOES IT. OKAY. SO YOU DIDN'T VOTE OK? YES, I WAS GOING OFF MEMORY THERE. I DIDN'T HAVE IT IN FRONT OF ME. SURE. I HAVE NO OTHER COMMENTS. ANYBODY ELSE? WE'RE GOOD. ITEM 16 SCHEDULE FUTURE DISCUSSION ITEMS. [16. Schedule of future discussion items.] JOHN. I JUST DON'T KNOW IF I LIKE IT WITH YOU UP HERE. I'VE GOTTEN SO USED TO SEEING YOU DOWN THERE, YOU KNOW. GOOD TO HAVE KAYLA UP HERE. IT'S GOOD TO BE BACK TO NORMAL IN TERMS OF SEEING EVERYBODY UP HERE ON THE DAIS. BUT DO YOU HAVE ANYTHING FOR US JOHN. NO, I DON'T NOT THIS TIME. CHAIRMAN COX, IT IS A NEW NORMAL HAVING KAYLA UP HERE ON THE DAIS WITH US. IT IS. SO IF NO OTHER DISCUSSION ITEMS. COMMISSIONER BOX. ONE POINT, JOHN, CAN YOU CONFIRM AS NORMAL OUR SECOND MEETING IN JULY, WE WILL NOT HOLD AS NORMAL. WE WILL HOLD THE MEETING ON THE FOURTH TUESDAY OF THE MONTH. THE FIRST MEETING IN JULY WE WON'T HOLD. YES. YES, YOU DID. SECOND TUESDAY AS NORMAL WE WILL NOT HAVE. THERE'S NO MEETING ON THE 13TH. THANK YOU. YES. WE'LL HAVE OUR SECOND MEETING IN JULY. IN DECEMBER IT SWITCHED BACKWARDS. WE DON'T HAVE THE SECOND MEETING IN DECEMBER. OH, THANK YOU. THANK YOU, COMMISSIONER KELLY, FOR SIMPLIFYING MY COMMENT. THAT'S WHAT WE'RE ALL HERE FOR. WE ARE HERE TO HELP EACH OTHER. THAT LEAVES US WITH ONE ITEM THIS EVENING. DO I HAVE A MOTION TO ADJOURN. MOVE TO ADJOURN. MOTION BY COMMISSIONER BOX. SECOND. SECOND BY COMMISSIONER CONE. ALL THOSE IN FAVOR. AYE. ANY OPPOSED. MOTION CARRIES FIVE ZERO`. WE ARE ADJOURNED. 6:56. THANK Y'ALL. * This transcript was compiled from uncorrected Closed Captioning.