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[00:00:02]

>> GOOD EVENING. WELCOME TO THE REGULAR MEETING.

[CALL TO ORDER]

THE FIRST STEP, PLANNING AND ZONING COMMISSION WERE GATHERED AT 6101 FRISCO SQUARE BOULEVARD, AND THE TIME IS 6:30 PM.

WE ARE MEETING ON A MONDAY THIS WEEK BECAUSE OF THANKSGIVING.

SOMEWHAT REGULAR MEETING.

THE PLANNING AND ZONING COMMISSION CONSISTS OF FRISCO RESIDENTS APPOINTED BY THE CITY COUNCIL.

PRESENT TODAY; COMMISSIONERS PRESENT ARE COMMISSIONER CONE, COMMISSIONER KENDALL, COMMISSIONER BOX, OUR VICE-CHAIR, COMMISSIONER KELLY, COMMISSIONER MORGAN, AND I'M ROB COX.

I'M YOUR CHAIR FOR THIS EVENING.

COMMISSIONER KOHLBERG IS OUT THIS EVENING. FROM DEVELOPMENT SERVICES.

WE HAVE JOHN LITTLER AND SUZANNE PORTER, AND LAURIE CROSS, ENGINEERING JASON GRAHAM, AND JOE FITS.

FROM FIRE, WE HAVE JOHN GILLETTE AND ELICIT BARSTOW.

FROM LEGAL, WE HAVE RYAN PITTMAN.

AM I MISSING ANYONE THIS EVENING? EXCELLENT. THAT WAS MY BEST RADIO VOICE.

THAT'S IT NOW. PRESIDING UPON THE AGENDA THIS EVENING IS CITIZEN INPUT.

IF YOU WISH TO ADDRESS THE COMMISSIONER REGARDING ANY ITEMS DONE TONIGHT'S AGENDA, YOU MAY DO SO AT THIS TIME.

WE ALSO HAVE PUBLIC HEARINGS DURING CERTAIN SECTIONS OF THE MEETING.

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 APPLICANT PRESENT THIS EVENING.

TO ENSURE THERE'S 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 CASE YOU MAY HAVE A MAXIMUM OF 10 MINUTES.

PLEASE NOTE, THE COMMISSION CANNOT DISCUSS OR TAKE SPECIFIC ACTION DURING CITIZEN INPUT OR ON ITEMS NOT ON THE POSTED AGENDA, EXCEPT TO PROVIDE A STATEMENT OF SPECIFIC FACTUAL INFORMATION IN RESPONSE FROM AN INQUIRY, TO RECITE EXISTING POLICY IN RESPONSE TO AN INQUIRY, OR YOU INDICATE THAT THE MATTER MAY BE PLACED ON A LATER AGENDA.

IS THERE ANYONE HERE THAT WANTS TO SPEAK DURING CITIZEN INPUT THIS EVENING? DO YOU WANT TO SPEAK NOW OR DURING THE PUBLIC HEARING ON YOUR ITEM?

>> ON THE ITEM.

>> ON THE ITEM, OKAY. ANYONE ELSE? THE NEXT ITEM ON OUR AGENDA,

[APPROVAL OF MINUTES]

ITEM 2, APPROVAL OF THE MINUTES.

CONSIDERING AN ACT UPON APPROVAL OF THE MINUTES OF THE JOINT WORK SESSION OF THE FIRST-CLASS CITY COUNCIL, PLANNING AND ZONING COMMISSION, AND THE FIRST ECONOMIC DEVELOPMENT CORPORATION BOARD MEETING ON OCTOBER 13TH, 2021.

ANY COMMENTS ON THESE MINUTES OR DO YOU HAVE A MOTION ON THIS ITEM?

>> MOVE TO PROVE ITEM 2 IS SUBMITTED.

>> MOTION BY COMMISSIONER BOX.

>> SECOND.

>> SECOND BY COMMISSIONER MORGAN. ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION CARRIES 5-0. ITEM 2 IS APPROVED.

ITEM 3, CONSIDERING AN ACT UPON THE APPROVAL OF THE MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING ON NOVEMBER 9TH, 2021.

ANY COMMENTS ON THIS ITEM OR DO I HAVE A MOTION?

>> MOVE TO APPROVE THE MINUTES FROM NOVEMBER 9TH MEETING.

>> MOTION BY COMMISSIONER KELLY.

>> SECOND.

>> SECONDED BY COMMISSIONER MORGAN. ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION CARRIES 5-0. ITEM 3 IS APPROVED.

ITEM 4, CONSIDERING AN ACT UPON APPROVAL OF THE MINUTES OF THE WORK SESSION OF THE PLANNING ZONING COMMISSION MEETING ON NOVEMBER 9, 2021.

COMMISSIONERS, DO WE HAVE ANY COMMENTS ON THESE ITEM, OR DO I HAVE A MOTION?

>> TO APPROVE THE MINUTES FROM THE PLANNING AND ZONING COMMISSION WORK SESSION ON NOVEMBER 9TH.

>> MOTION BY COMMISSIONER MORGAN.

>> SECOND.

>> SECOND. BY COMMISSIONER KELLY. ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSE? THE MOTION CARRIES 5-0. ITEM 4 IS APPROVED.

[NOISE] NEXT ITEM ON OUR AGENDA IS THE CONSENT AGENDA.

[CONSENT AGENDA]

THE CONSENT AGENDA CONSISTS OF ROUTINE AND NONCONTROVERSIAL ITEMS. ANY COMMISSION MEMBER MAKING SUCH REQUESTS PRIOR TO A MOTION, VOTE ON THE CONSENT ITEMS MAY CONSIDER ITEMS INDIVIDUALLY.

ANY MEMBER OF THE AUDIENCE WISHING TO MAKE COMMENTS ON THE CONSENT AGENDA ITEMS MAY DO SO WITH THE MAJORITY OF THEIR APPROVAL.

WE HAVE ITEMS 5 THROUGH 21 THIS EVENING.

ARE THERE ANY THAT NEED TO BE PULLED FOR INDIVIDUAL CONSIDERATION?

>> I WOULD LIKE TO PULL ITEM NUMBER 9.

>> COMMISSIONER CONE WOULD LIKE TO PULL ITEM NUMBER 9.

ARE YOU RECUSING YOURSELF ON THAT ITEM?

>> YES.

>> ARE THERE ANY OTHER ITEMS? I HAVE A MOTION TO APPROVE ITEMS 5 THROUGH 8 AND 10 THROUGH 21.

>> MOVED.

>> MOTION BY COMMISSIONER BOX.

>> SECOND.

>> SECOND BY COMMISSIONER KELLY. ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION CARRIES 5-0.

ITEMS 5 THROUGH 8 AND 10 THROUGH 21 ARE APPROVED.

COMMISSIONER CONE WILL RECUSE HIMSELF WHILE WE GO THROUGH [NOISE] ITEM 9 [NOISE].

[9. Open Space Plan & Preliminary Site Plan: Rock Creek Townhomes (OS21-0106 & PSP21-0055)]

ITEM 9, OPEN SPACE PLAN AND PRELIMINARY SITE PLAN, ROCK CREEK TOWN HOMES, OS21-0106 AND PSP 21-0055.

OWNERS LIBERTY BANKERS INSURANCE GROUP.

COMMISSIONERS, THIS IS A CONSENT AGENDA ITEM.

ARE THERE ANY QUESTIONS, OR DO I HAVE A MOTION ON ITEM 9?

>> MOTION TO APPROVE ITEM 9 IS RECOMMENDED BY STAFF.

>> MOTION BY COMMISSIONER KENDALL.

>> SECOND.

>> SECOND BY COMMISSIONER MORGAN. ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION CARRIES AT 4-0 ITEM 9 IS APPROVED.

WE'RE GOING TO LET COMMISSIONER COME BACK IN, AND ALL THESE FOLKS ON THE LEFT-HAND SIDE ARE GETTING THE APPROVALS TONIGHT BECAUSE I CAN'T HEAR ON THE RIGHT SIDE TONIGHT [LAUGHTER] EAR STOPPED AT.

>> WE JUST NEED TO TALK LOUDER; IS THAT WHAT YOU'RE SAYING?

>> YES, LOUDER AND FASTER [OVERLAPPING].

>> RAISE YOUR HAND

>> YES [OVERLAPPING].

>> OPEN UP YOUR HANDBOOKS.

>> TONIGHT, WE HAVE THREE PUBLIC HEARINGS ON THE AGENDA.

[00:05:03]

I WANT TO REVIEW THE PROCESS.

EACH PUBLIC HEARING IS PRECEDED BY STAFF INTRODUCTION OF THE REQUEST.

THE APPLICANT IS THEN PERMITTED 10 MINUTES TO MAKE HIS OR HER PRESENTATION TO THE COMMISSION.

FOLLOWING, QUESTIONS TO THE STAFF AND APPLICANT BY THE COMMISSIONERS WISHING TO SPEAK ARE WELCOME TO ADDRESS THE COMMISSION.

ALL SPEAKERS, INCLUDING THE APPLICANT, NEED TO COMPLETE A SPEAKER'S CARD.

PLEASE PICK A CARD OVER HERE AND PROVIDE IT TO THE ADMINISTRATIVE ASSISTANT LORY, ON THE LEFT-HAND SIDE OF THE DIAS.

THE ORGANIZED GROUPS AND ATTENDANCE.

WE SUGGEST THAT YOU SELECT REPRESENTATIVES TO PRESENT YOUR POSITIONS.

PLEASE AVOID REPEATING WHAT HAS BEEN STATED BY PREVIOUS SPEAKERS, OTHER THAN STATING THAT 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 WILL BE PERMITTED UNLESS THE CASE IS TABLED TO A FUTURE DATE AND THE COMMISSION INCLUDES IN THE MOTION TO CONTINUE THE PUBLIC HEARING TO A FUTURE MEETING.

AFTER CLOSING THE PUBLIC HEARING, MEMBERS OF THE COMMISSION MAY HAVE QUESTIONS FOR THE STAFF OR THE APPLICANT.

PLEASE NOTE THAT THE PLANNING ZONING COMMISSION ONLY MAKES A RECOMMENDATION REGARDING ZONING CASES UNLESS THE COMMISSION DENIES THE CASE AND 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.

[NOISE] FIRST ITEM ON THE AGENDA, REGULAR AGENDA IS 22 PRELIMINARY PLAT VIVID ADDITION,

[22. Preliminary Plat: Vivid Addition, Block A, Lots 1-10 (PP21-0013)]

BLOCK A, LOTS 1-10PP21-0013.

OWNERS, VIVID PARTNERS, LLC.

>> YES, I'LL PRESENT ON THIS ONE SINCE ANDY IS OUT SICK.

[NOISE] STAFF HAS REVIEWED THIS AND FOUND THAT THIS REQUEST DOES NOT COMPLY WITH MULTIPLE CITY ORDINANCES AS STATED IN THE STAFF REPORT, SO THIS IS RECOMMENDED FOR [NOISE] DISAPPROVAL FOR THOSE REASONS STATED IN THE STAFF REPORT.

>> THIS IS NOT A PUBLIC HEARING, SO I WILL TAKE ANY QUESTIONS ON THIS ITEM, OR DO I HAVE A MOTION?

>> I'LL MOVE TO DISAPPROVE ITEM 22 FOR THE REASON IDENTIFIED IN THE STAFF REPORT.

WE DELEGATE TO THE STAFF THE AUTHORITY TO PROVIDE A WRITTEN STATEMENT TO THE APPLICANT FOR THE REASONS OF THE DISAPPROVAL.

>> MOTION BY COMMISSIONER MORGAN.

>> SECOND.

>> SECOND. BY COMMISSIONER BOX. ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION CARRIES 5-0.

ITEM 22 IS DISAPPROVED.

ITEM 23, PUBLIC HEARING PRELIMINARY PLAT TO PRESERVE PHASE 1,

[23. Public Hearing - Preliminary Plat: The Preserve, Phases 1, 2, & 3 (PP21-0014)]

2, AND 3, PP21-0014.

OWNERS, FIELDS PRESERVE INVESTMENT PARTNERS, LP.

>> ON THIS PARTICULAR ONE CAN THIS BEAR WITH ME AS I GO THROUGH THE PRESENTATION ON THIS, BUT THERE'S TABLE 4.1 THAT'S IN THE PD ORDINATES THAT ALLOW SOME CHANGES WHICH WILL REQUIRE CITY COUNCIL ACTION ON IT AFTER THE PLANNING AND ZONING COMMISSION RECOMMENDS APPROVAL AND JUST GROW SOME THEIR GRADES ON THE PROPERTY.

PROPOSING SMALLER LOTS AND SOME CASES BACKING UP THROUGH THE GOLF COURSE, BUT THEY'RE PROVIDING A LOWER DENSITY.

IT'S STATED IN THE PD THE DENSITY IS LIMITED TO 2.9 UNITS PER ACRE, AND THIS REQUEST IS AT 2.2.

THE APPLICANT'S REASONING IS TO PROVIDE A VARIETY OF DIFFERENT LOT SIZES.

THEY HAD TO MAKE SOME CHANGES.

PART OF THE STAFF'S RECOMMENDATION IS IF THEY'RE GOING TO DO ALL THESE OTHER THINGS AND TAKE THAT DENSITY AND TAKE AT THE 2.2, SO [NOISE] THERE'S NOTHING THAT CHANGES AFTERWARDS.

THIS IS RECOMMENDED FOR APPROVAL FOR THE REASON STATED IN THE STAFF REPORT.

AGAIN, CITY COUNSEL ACTION IS NECESSARY ON THIS ITEM.

>> IS THE APPLICANT HERE, AND WOULD THEY CARE TO SPEAK? DO I HAVE A MOTION TO OPEN THE PUBLIC HEARING?

>> MOVED.

>> MOTION BY COMMISSIONER KELLY.

SECOND BY COMMISSIONER BOX. ALL THOSE IN FAVOR.

>> AYE.

>> ANY OPPOSE? MOTION CARRIES 5-0.

PUBLIC HEARING IS NOW OPEN.

IS THERE ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM THIS EVENING?

>> SAYING I MOVE TO CLOSE PUBLIC HEARING.

>> MOTION BY COMMISSIONER KENDALL.

>> SECOND.

>> SECOND. BY COMMISSIONER BOX. ALL THOSE IN FAVOR.

>> AYE.

>> ANY OPPOSE? MOTION CARRIES, 5-0. PUBLIC HEARING IS NOW CLOSED.

MY TAKE ON THIS, WE'RE ACTUALLY INCREASING THE NUMBER OF LARGE LOTS, THE ONE A'S AND ONE B'S.

WE'RE DECREASING THE MIDDLE SIZE LOTS, TWO A'S, AND IT SEEMS TO ME A RIGHT SIZING EXERCISE BASED OFF THE PHYSICAL TOPOGRAPHY, AND SINCE I KNOW THAT COMMISSIONERS HERE HAVE BEEN ON THAT SITE IN FOUR-WHEEL-DRIVE VEHICLES, WE UNDERSTAND THAT [LAUGHTER] SOME OF THE TYPOGRAPHY CHANGES THAT COULD IMPACT IT, SO I THINK THIS MAKES PERFECT SENSE FOR US TO MOVE FORWARD.

>> I AGREE WITH THAT. I THINK IT'S A GOOD MOVE AND I THINK IT WILL BE WELCOMED TO HAVE MORE LARGER LOTS.

>> ABSOLUTELY.

>> I AGREE AS WELL. ALL OF THE WORK THAT WAS DONE TO GET TO THE POINT WHERE WE APPROVED THE ORIGINAL PD, THIS DOES NOT SEEM TO CHANGE THE CHARACTER OR ANYTHING THAT WE EXPECTED AS PART OF THE PROJECT.

>> GREAT. ANY OTHER COMMENTS?

>> NO.

>> TOTAL SUPPORT OF THIS LOOKS GREAT,

[00:10:04]

EXCITED FOR THOSE THAT ARE FORTUNATE TO GET THESE LOTS.

PROBABLY ARGUAE WILL BE [NOISE] THE NICEST LOTS AND ALL OF FRISCO, SO WELL DONE TO WHOEVER DID THE DESIGN OF IT.

>> SOME OF THEM MAY BE SEEN ON TV.

>> [OVERLAPPING] THEY'LL BE SEEN ON TV SOMETIME.

>> YES.

>> ALL RIGHT. DO I HAVE A MOTION ON ITEM 23?

>> MOVE TO APPROVE ITEM 23 AS RECOMMENDED BY STAFF.

>> MOTION BY COMMISSIONER KELLY.

>> SECOND.

>> SECOND. BY COMMISSIONER CONE. ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSE? THE MOTION CARRIES, 5-0.

ITEM 23 IS APPROVED CONGRATULATIONS.

[24. Public Hearing - Replat: Frisco Bridges Addition, Block A, Lots 2R-1 & 7 (RP21-0043)]

ITEM 24, PUBLIC HEARING REPLAT FRISCO BRIDGES ADDITION BLOCK A, LOTS 2R-1 AND 7.

RP-21-00043.

OWNERS, JBL FRISCO RIDGE LLC.

>> ON THIS ONE, THEY'RE CREATING TWO LOTS ADDING UP PUBLIC WHITE EASEMENT TO ACCOMMODATE THE SUBDIVISION OF THIS PROPERTY IS RECOMMENDED FOR YOUR APPROVAL?

>> IS THE APPLICANT HERE, AND WOULD THEY CARE TO SPEAK?

>> NO THANK.

>> OKAY.

>> THANK YOU. DO WE HAVE A MOTION TO OPEN THE PUBLIC HEARING?

>> MOVED.

>> MOTION BY COMMISSIONER KELLY.

>> SECOND.

>> SECOND. BY COMMISSIONER BOX. ALL THOSE IN FAVOR.

>> AYE.

>> ANY OPPOSE? MOTION CARRIES 5-0 PUBLIC HEARING IS NOW OPEN.

IS THERE ANYONE WHO WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM THIS EVENING? CNN DO YOU HAVE A MOTION?

>> MOVE TO CLOSE PUBLIC HEARING.

>> MOTION BY COMMISSIONER MORGAN.

>> SECOND.

>> SECOND. BY COMMISSIONER KELLY.

>> ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION CARRIES 5-0.

PUBLIC HEARING IS NOW CLOSED.

THIS SEEMS LIKE IT MAKES A LOT OF SENSE.

ANY QUESTIONS ON THIS ITEM?

>> PRETTY STRAIGHT FORWARD [OVERLAPPING].

>> ANY CONCERNS? [OVERLAPPING]

>> GETTING DRY [NOISE] MOVED APPROVE ITEM 24 IS RECOMMENDED BY STAFF.

>> MOTION BY COMMISSIONER BOX.

>> SECOND.

>> SECOND BY COMMISSIONER CONE.

>> ALL THOSE IN FAVOR.

>> AYE.

>> ANY OPPOSE? MOTION CARRIES 5-0.

ITEM 24 IS APPROVED. ITEM 25, PUBLIC HEARING.

[25. Public Hearing - Specific Use Permit: Custer Bridges, Block A, Lot 8R (SUP21-0009)]

SPECIFIC USE FOR MED CUSTER BRIDGES, BLOCK A LOT 8R SUP21.009.

OWNERS, CUSTER ROAD COMMONS LIMITED.

[BACKGROUND] THIS IS A REQUEST FOR A SPECIFIC USE PERMANENT ON THE PROPERTY ZONE COMMERCIAL ONE.

THE ONLY WAY TO ALLOW THIS IS BY A SPECIFIC USE PERMIT.

I BELIEVE IT'S THE LAST REMAINING LAW THAT'S ON THE PROPERTY.

PREVIOUS POLYMERASE PLANS SHOWED OFFICE, RETAIL RESTAURANTS AND THEN BACK ON THIS PROPERTY, BUT THE APPLICANT IS MAKING A REQUEST TO DO A SELF-STORAGE.

RIESLING IS LIMITED VISIBILITY BACK HERE ON THE PROPERTY.

THERE WAS ONE HOA MEETING THAT DID OCCUR AND STAFF PERSON WAS THERE.

I FORGET WHAT DATE, WHATEVER AND IT WENT WELL.

BUT ON THIS PROPERTY, THIS IS THE LOT AND THIS LOT COVERS HALF OF THE ASPHALT PAVEMENT THAT GOES BACK TO THE CITY'S WATER TANKS SITES.

THIS IS A CITY PROPERTY HERE, SO THERE'S A 12-FOOT PAVEMENT SECTION THAT WAS BUILT SOME TIME AGO TO PROVIDE ACCESS TO THE TANKS.

DIVISION TO THE NORTH HUNTERS CREEK WAS DEVELOPED.

OVER TIME, THERE'S BEEN CUT-THROUGH THAT'S HAPPENED FROM HUNTERS CREEK ONTO THIS PROPERTY AND HAVE BEEN VISITING WITH JILL SEVERAL TIMES ABOUT IT JUST FROM THE NORTH TO HAVE RIDGE CREEK PARKWAY THAT INTERSECTS CUSTER ROAD.

THERE'S TWO LANES; RIGHT LANE IS EITHER YOU GO STRAIGHT OR YOU TURN RIGHT, YOU HAVE THE LEFT TURN LANE SOLELY TO TURN LEFT.

THEN MAYBE PEOPLE ARE CUTTING THROUGH THE ALLEY TO GET ONTO CUSTER ROAD AS CUSTER ROAD BACKS UP IN THE MORNING.

JUST SPECULATION ON MY PART.

THE SUP REQUEST IS SHOWN AS A SINGLE BUILDING, RB PARKING IN BOTH STORAGE ON THE NORTH SIDE OF THE PROPERTY OR THE BUILDING THAT IS THIS PROPERTY DOES SET LOWER THAN WHAT A 100 SUBDIVISION DOES.

THEY'RE PROVIDING SCREENING.

THERE'S SOME SCREENING THAT ALREADY EXISTS WITH THE LANDSCAPING.

BUT THERE'S A CONCERN IS WHAT'S GOING TO HAPPEN IS A WAY TO PREVENT PEOPLE CUTTING FROM THE ALLEY ONTO THIS PROPERTY? I DO WANT TO ASK THE APPLICANT IN THIS MEETING THAT THEY'VE REFERENCED WROUGHT, THERE'S A DIFFERENCE BETWEEN WROUGHT AND ORNAMENTAL FENCING.

I WANT THAT TO BE CLARIFIED IN THOSE.

IF THAT'S THE CASE IT'S GOING TO BE WROUGHT IS HAVE THAT SPECIFIED IN THE SUP.

THERE'S A BRICK WALL THAT'S BEEN EXTENDED.

I FORGOT WHAT PLAN IN THERE.

THE GATES WILL BE REMOVED OF SECTION OF PAYMENT THAT WHAT REMAIN IS WHAT FEEDS INTO THIS RESTAURANT HERE BECAUSE THAT'S A DRIVE COMING INTO THE RESTAURANT.

BUT EVERYTHING ELSE IS TO BE REMOVED, BUT THAT'S ANOTHER QUESTION.

HALF IS ON LA FITNESS PROPERTY, HALF IS ON THIS APPLICANT'S PROPERTY.

THAT'S THE QUESTION I HAVE FOR THE APPLICANT THIS EVENING IS, ARE YOU GOING TO REMOVE ALL OF IT OR JUST HALF OF THAT PROPERTY?

[00:15:01]

BECAUSE THAT'S A QUESTION THAT THE HOMEOWNERS HAVE AND I DON'T HAVE THAT ANSWER FOR YOU BECAUSE THE FIRST TIME WE SAW THE EMAIL, IT LOOKED LIKE IT WAS TAKEN OUT, ALL OF IT.

THEN IT WAS STATED THERE WAS ONLY REFERENCING THEIR PROPERTY.

AGAIN, THIS IS THE RV AND BOTH STORAGE THAT THEY'RE PROPOSE, THE EMAIL THAT CAME FROM THE HOMEOWNERS YESTERDAY IS THEY WOULD LIKE TO SEE IT LOCATED ON THE WEST SIDE OF THE PROPERTY.

THIS IS THE FIRST TIME WE HAVE HEARD OF THAT RESPONSE.

WHEN WALMART WAS COMING IN, I'M JUMPING IN TO THE ACCESS TO THE WATER TANK SIDE, AND IT WAS ALWAYS DEEMED THAT THEY'LL BE WORKED INTERNALLY COMING UP THIS AREA.

YOU HAVE THAT ACCESS DRIVE, THIS ON THE BACKSIDE OF LA FITNESS.

THERE'S A WALL HERE WITH LANDSCAPING, BUT THIS IS A WAY TO GET BACK OVER INTO THAT.

ALL ALONG HERE THERE'S SUPPOSED TO BE A FENCE THAT WILL PREVENT PEOPLE FROM AT LEAST DRIVING THEIR VEHICLES.

I'M NOT GOING SAY SOMEBODY MIGHT TRY TO TAKE A TRUCK AND RUN IT OVER, THAT'S ALWAYS A POSSIBILITY, BUT HOPEFULLY, THAT WILL DETER PEOPLE FROM CUTTING THROUGH.

I GOT SINGLE-FAMILY TURN THE NORTH, HEALTH AND FITNESS TO THE EAST, RETAIL TO THE SOUTH AND CITY WATER TANKS TO THE WEST AND SOUTH.

TAILS TO HAVE USED IS VERY FAR LEFT, AND THEN IF IT WAS ALL FOODS RESTAURANT OR RETAIL.

IT'S RECOMMENDED FOR APPROVAL WITH THE CONDITIONS ATTACHED, BUT THERE MIGHT BE SOME OTHERS BASED ON WHAT COMES OUT OF TONIGHT'S MEETING.

ONE OF THE THINGS THAT BRIAN STATED IN HIS EMAIL THAT WHO'S ON THE HOA BOARD FOR HUNDREDS CRITTERS THEY LIKE TO WORK WITH THEIR HEINZ LANDSCAPING COMPANY REGARDING THE LANDSCAPING.

THAT CONVERSATION THAT HAPPENS ON THE SUN HAS NO BEARING ON THIS UNLESS THIS IS SOMETHING THAT CARRIES OVER IN THE SUP.

I DON'T KNOW WHAT THAT MEANS.

I DON'T KNOW IF THOSE DISCUSSIONS HAVE TAKEN PLACE WITH HEINZ OR NOT.

THAT'S SOMETHING THAT'S HANGING OUT THERE, THAT'S THE DISCRETION.

THE OTHER THING ON THIS IS AS FAR AS A VOLUNTARY DEVELOPMENT AGREEMENT, WE DID AIR AND NOT GETTING THAT OUT IN TIME.

OUR POLICY IS GET IT OUT THERE BEFORE WE DO A PUBLIC HEARING AND SEND OUT THE NOTICES, OR AT LEAST GET A RESPONSE FROM THEM IF THEY'RE NOT GOING TO DO IT.

RIGHT NOW, THEY HAVE NOT SIGNED THE VOLUNTARY DEVELOPMENT AGREEMENT.

THERE'S BEEN CONVERSATION BETWEEN THEIR LEGAL COUNSEL AND RYAN.

I DON'T KNOW IF THEY'VE RESPONDED TO WHAT WE DISCUSSED ON FRIDAY OR NOT, BUT THAT'S SOMETHING WE CAN GO INTO EXECUTIVE SESSION TO CONSULT WITH CITY OF [INAUDIBLE].

>> [NOISE] ANY QUESTIONS FROM STAFF AT THIS POINT?

>> [INAUDIBLE] QUESTIONS?

>> WITH THE APPLICANT HERE TO SPEAK.

>> [NOISE] GOOD EVENING. MY NAME IS JIM GAY AND I LIVE IN 2498 LOCK HAVEN, WHICH IS IN WESTFALLS VILLAGE.

I'M ONE OF THE ATTORNEYS REPRESENTING HEINZ IN THIS MATTER.

I WANTED TO TAKE A MOMENT, I ALSO HAVE WITH ME LOUIS [INAUDIBLE] FROM HEINZ AND KEVIN GASKEY FROM THE ENGINEERING FIRM KIMLEY-HORN AND THEY'RE PROBABLY GOING TO HAVE TO COME UP HERE AND ANSWER A COUPLE OF THE QUESTIONS THAT JUST GOT ASKED.

I WAS JUST INFORMED THAT TO CLARIFY IT WILL BE ORNAMENTAL FENCING BUT PROCEED THAT WITH HIM A LITTLE BIT MORE.

>> IT'S ORNAMENTAL FENCE AND NOT WROUGHT?

>> CORRECT.

>> CORRECT. [OVERLAPPING]

>> THANK YOU.

>> THERE'S A DIFFERENCE BETWEEN THE TWO, IT HAS TO DO WITH CARLSON, STRUCTURAL INTEGRITY WITH WROUGHT ARM AND [INAUDIBLE]

>> I JUST WANTED TO TAKE A MINUTE TO EMPHASIZE THAT HEINZ HAS BEEN WORKING WITH THE 100 CREEK NEIGHBORHOOD FOR OVER EIGHT MONTHS, TRYING TO GET AN AGREEMENT WITH RESPECT TO A LOT OF THE CONDITIONS.

BECAUSE OF THAT WORK AND EFFORTS FROM A HUNDRED'S CREEK, WE HAVE THE SPECIFIC USE PERMIT YOU SEE IN THE CONDITIONS ON AND THE SITE PLAN.

BASED ON THAT, AND WE APPRECIATE ALL OF THE WORK THAT YOUR CITY STAFF HAS DONE WITH US ALSO.

AS I SAID, LOUIS AND KEVIN ARE HERE AND CAN ANSWER MORE SPECIFIC QUESTIONS.

BUT IF YOU HAVE ANY QUESTIONS OF ME FEEL FREE.

[00:20:08]

>> ANY QUESTIONS WILL COME OUT TO THE PUBLIC AREA.

>> OKAY, THANK YOU.

>> EXCELLENT.

ALL RIGHT. WE HAVE A MOTION OPEN A PUBLIC HEARING.

>> MOVED.

>> MOTION BY COMMISSIONER MORGAN.

>> SECOND.

>> SECOND BY COMMISSIONER KENDALL. ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSED? MOTION CARRIES.

5.0 PUBLIC HEARING IS NOW OPEN.

JAMES YOU SPOKE, I CAN SEE YOU HAVE A CARD.

YOU WANT TO SPEAK OR YOU WANT IT TO JUST HAVE IT IN CASE WE ASKED YOU QUESTIONS?

>> [INAUDIBLE] I'LL BE HERE TO ANSWER QUESTIONS.

>> OKAY. ANYONE ELSE THAT IS WANTING TO SPEAK ON THIS ITEM THIS EVENING? MAY BEING JUST HAND THAT TO HER, THAT'D BE GREAT.

>> I APPRECIATE IT.

>> PLEASE STATE YOUR NAME AND ADDRESS WHEN HE STARTED.

>> BRIAN OFTEN, 1581 [INAUDIBLE] DRIVE, [INAUDIBLE] CRAIG BOARD.

AS THE GENTLEMAN JUST REFERENCED, WE'VE BEEN WORKING WITH LOUIS AND HEINZ OFTEN ON ON THIS.

THERE'S BEEN SOME RECENT CHANGES FROM WHAT WE ORIGINALLY WERE PRESENTED.

I THINK THAT WAS MORE DRIVEN BY THE PLANNING AND ZONING COMMISSION.

WHAT WE HAD SENT OVER ON EMAIL, I THINK WE JUST WANTED TO GET IT OUT HERE IN THE OPEN, AND I THINK JOHN BROUGHT IT UP.

I THINK REALLY THE BIG QUESTION MARK FOR ALL OF US IS THIS LA FITNESS PORTION OF THE PROPERTY VERSUS WHAT IS HEINZ.

BECAUSE IF WE HAD A GOOD AERIAL VISUAL, YOU WOULD SEE THE ASPHALT ROAD COMING FROM CUSTER ALL THE WAY BACK TO THE CITY WATER DEPARTMENT.

LA FITNESS' PROPERTIES PROBABLY HALFWAY UP THAT ROAD, AND EXTENDS EAST GOING ALMOST ALL THE WAY BACK DOWN THE CUSTER.

FOR LOUIS AND HEINZ TO COME IN AND TAKE OUT THE FAR WESTERN PART OF THAT ROAD, AND LEAVE [NOISE] THAT SECTION OF ROAD WOULD BE AN EYESORE TO SAY THE LEAST.

BUT IT'S ALSO, I THINK, UNUSUAL TO ASK THEM TO TAKE OUT THAT ROAD WHEN IT'S NOT THEIR PROPERTY.

I DON'T KNOW WHAT THE RIGHT ANSWER IS, AND WE'RE CERTAINLY TRYING TO BE REASONABLE.

THE MAIN CONCERN WE HAVE IS JUST WHAT IS GOING TO BE BACK THERE.

WE'VE HAD QUITE AN ADVENTURE OVER THE LAST FEW YEARS WITH FOUR-WHEEL DRIVE VEHICLES, MUDDING MOTORCYCLES.

WE LITERALLY HAVE FOLKS DRIVE UP IN THEIR PICKUP TRUCK AND LOWER THEIR KIDS INTO MOTORBIKES AND THEY'LL CRUISE UP DOWN THE ROAD AND BACK THERE ON THE PROPERTY THAT HEINZ IS GOING TO DEVELOP, WHICH CREATES A NUISANCE, BOTH NOISE AND OTHERWISE.

WHAT WE HAD TALKED TO LOUIS ABOUT WAS POTENTIALLY USING A LANDSCAPING COMPANY THAT JOHN REFERENCED TO TRY TO BEAUTIFY THAT AREA A LITTLE BIT, BECAUSE IT REALLY IS JUST A STRANGE PIECE OF LAND.

BUT OUR UNDERSTANDING EARLIER ON WAS THAT THE ROAD HAD TO COME OUT, THAT WAS A REQUIREMENT BY THE CITY.

MY QUESTION FOR YOU ALL IS, WHAT ARE WE GOING TO DO ABOUT THE ROAD, AND THEN ONCE THE ROAD IS REMOVED, WHAT IMPROVEMENTS WILL BE DONE IN THE WAY OF WHETHER IT'S GRADING AND IMPROVING IT TO WHERE IT LOOKS FLAT? BECAUSE I MEAN, YOU'VE GOT RUTS BACK THERE FROM MOTORS.

OF COURSE ONCE [INAUDIBLE] THAT ROAD IT'S GOING TO NOT LOOK VERY GOOD.

OUR BIGGEST CONCERN IS, OR WE'RE ONE OF THE MANY CONCERNS WE HAVE IS WHAT WILL THAT LOOK LIKE? THE OTHER CONCERN IS, WHEN THE CITY ORIGINALLY BUILT THAT ROAD, THEY HAVE WHAT I WOULD CALL LIKE A RANCHERS GATE DOWN TOWARDS THE PAPA LOPEZ, UP TOWARDS ITS CUSTER.

FOR THE LONGEST TIME THAT WAS ALWAYS KEPT LOCKED, AND THAT HELPED.

THEN IT STARTED BEING LEFT UNLOCKED, AND MOST RECENTLY THE GATES WERE REMOVED BY WHO KNOWS WHO.

ONE OF WHICH WE THINK IS IN THE BOTTOM OF THE POND AT THE ENTRANCE OF OUR NEIGHBORHOOD, BECAUSE THE OTHER ONE WAS LEFT ON THE BANKS.

CAN'T EXPLAIN THAT ONE.

WE WANT TO MAKE SURE THAT THAT EASTERN ENTRANCE IS SECURE.

WHAT HEINZ HAS PROPOSED IS PUTTING A WROUGHT IRON FENCE ACROSS THROUGH THERE AND HAVING A GATE WHERE THE MOWER WOULD BE ABLE TO ACCESS TO KEEP THAT AREA LOOKING NICE.

THAT'S THE SECONDARY. YOU'VE GOT LANDSCAPE, YOU'VE GOT GATE, AND THEN THE THIRD IS OUR UNDERSTANDING AND WOULD BE HELPFUL TO GET VALIDATION IS, ON THE WEST END OF THE EXISTING MASONRY WALL THAT WALMART BUILT YEARS AGO.

IT STOPPED SHORT OF THIS CITY WATER DEPARTMENTS FENCING, AND WHAT'S BEEN PROPOSED AS A HEDGE OF NELSON HOLLY'S TO TRY TO DETER PEOPLE FROM COMING BACK THERE.

WE WOULD PREFER THAT MASONRY WALL BE EXTENDED TO THE CITY WATER DEPARTMENT, BUT IT'S OUR UNDERSTANDING THERE IS SOME KIND OF AN EASEMENT THERE THAT PREVENTS THAT.

[00:25:01]

WHAT WE'VE RECENTLY TALKED WITH LOUIS ABOUT IN ADDITION TO THE NELSON HOLLY'S, IS MAYBE YOU CAN PUT IN SOME LIMESTONE BLOCKS OR BOULDERS OR SOMETHING THAT WOULD PREVENT VEHICLES OR MOTORCYCLES FROM GETTING BACK IN THERE.

TRUST ME, I'M NOT EXAGGERATING.

[LAUGHTER] THIS HAPPENS REGULARLY.

THEN THE OTHER PART, WHICH IS REALLY MORE RELATED TO LA FITNESS AND NOT SO MUCH THIS [INAUDIBLE], BUT I JUST WOULD SHARE IT ANYWAY, IS JUST EXTENDING THAT MASONRY WALL FURTHER EAST.

BECAUSE WHERE THE PARKING LOT IS FOR LA FITNESS, THERE'S A WIDE OPENING THERE, WHERE ANYONE COULD PULL UP IN THEIR TRUCK WITH THEIR TRAILER OR MOTORCYCLES, ON LOAD RIGHT THERE AND HAD THEMSELVES A PARTY BACK THERE.

THAT'S THE OTHER CONCERNS.

WHAT'S BEEN SHARED WITH US IS THAT THERE WOULD BE A FENCE.

MY UNDERSTANDING OF HIS WAS WROUGHT IRON FENCE. I COULD BE WRONG ON THAT.

WITH TWO ROWS OF TREES WHICH WOULD PROVIDE SCREENING AND PRIVACY, AND ALL OF THAT.

THE LAST ITEM IS WHEN THE MOST RECENT CHANGES WERE MADE TO WHAT HINES IT ORIGINALLY PROPOSED.

I THINK THEY LOST TWO BUILDINGS AND ONE STORE-Y AND SO THEY PROPOSE TO PUT THE EXISTING LAW, YOU CAN SEE HERE WITH [INAUDIBLE] AND BOATS [NOISE].

OUR REQUEST WAS, IT WOULD BE NICE IF IT COULD BE ON THE WEST SIDE.

BUT AS YOU CAN SEE, THEY WOULD HAVE TO TURN THAT BUILDING COMPLETELY ON ONE QUARTER TURN TO MAKE IT FIT, AND I'M NOT INSENSITIVE TO THE WORK THAT'S BEEN DONE IN THEIR DRAWINGS.

OUR BIGGEST CONCERN IS CAN WE SEE IT.

IF IT SAYS THE SIDELINE SHOW THAT IT CAN'T BE SEEN, I THINK WE'RE PROBABLY OKAY WITH THAT.

THE LAST THING IF YOU'LL INDULGE ME.

OKAY. YES IS THAT OKAY?

>> YEAH. GO AHEAD

>> I DIDN'T KNOW IF THAT ALARM WAS FOR ME.

>> YEAH.

>> ONE OF MY NEIGHBORS HAD A REALLY GOOD OBSERVATION.

ALONG THE ALLEY, THERE'S A TREE LINE.

IF THEY PLANT RED CEDARS, I BELIEVE WAS WHAT WAS PROPOSED.

RIGHT ABOVE THAT IS POWER LINES, WHICH HAVE BEEN HIT TWICE IN THE 20 YEARS OF BEEN THERE, THE TRANSFORMERS, AND RED CEDARS ARE PRETTY FLAMMABLE SO I THOUGHT THAT WAS A REALLY GOOD POINT.

MAYBE WE LOOK AT SOME DIFFERENT OPTIONS THERE.

MAYBE IT'S NELSON HOLLY'S OR WHATEVER, FOR SOME OTHER DIFFERENT TYPE OF TREE.

BUT I THOUGHT THAT WAS A REALLY GOOD POINT.

SINCE NONE OF US WANT A BUNCH OF RED CEDARS ON FIRE BEHIND US. THAT'S IT ALL.

>> ALL RIGHT. THANK YOU SO MUCH.

>> THANK YOU.

>> IS THERE ANYONE ELSE THAT WANTS TO SPEAK FOR OR AGAINST THIS ITEM AT THIS TIME?

>> MY NAME'S GREG CONWAY.

I'LL LEAVE AT 15745 WATER VIEW AND MY HOUSE BACKS UP BASICALLY TO THE NORTHEAST CORNER OF THE PROPOSED BUILDING THERE.

I WANT TO SAY EVERYTHING BRIAN SAID ABOUT THE MADDERS, AND THE MOTORCYCLES, AND PEOPLE COME IN IN THEIR CARE AND THAT IS ABSOLUTELY TRUE.

IT'S BEEN A PROBLEM SINCE I'VE LIVED THERE,2009.

EVERYTHING HE SAID IS EXACTLY RIGHT.

I'M THE ONE WHO BROUGHT UP THE COMMENT ABOUT THE CEDARS UNDER THE POWER LINE.

THERE IS ALSO A LOW HANGING PROBABLY A PHONE LINE, UNDER THE POWER LINES.

I THINK IF YOU PUT CEDARS, THERE, THEY'RE GOING TO GROW UP INTO THERE AND THEN WE ALL KNOW WHAT'S GOING TO HAPPEN WHEN THE POWER COMPANY COMES ALONG AND CUTS THE TOPS OFF OF THEM.

I THINK REALLY SOMETHING DIFFERENT FROM THOSE CEDARS THERE, BUT SOMETHING PRETTY THICK TO KEEP VEHICLES FROM COMING AND GOING.

OTHERWISE, I'M REALLY GLAD TO SEE THAT THAT AREA IS BEING PROPOSED TO BE CLOSED OFF TO VEHICULAR ACCESS.

THAT'S A GREAT THING, THAT'S ALL I HAVE.

>> ANY ONE ELSE WHO WANT TO SPEAK FOR OR AGAINST BRIAN AT THIS TIME?

>> SEEING NONE MOVE TO CLOSE PUBLIC HEARING.

>> MOTION BY MR. CRANDELL.

>>SECOND.

>> SECOND BY COMMISSIONER COHEN, ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION CARRIES 5-0.

PUBLIC HEARING IS NOW CLOSED.

LET ME ASK QUESTION A LITTLE BIT DIFFERENT.

THERE'S A MASONRY WALL IS GOING TO GO BACK BEHIND?

>> WELL, THEY'RE.

>> THIS IS WHERE I'M CONFUSED, WHERE ARE WE HAVING A LIVING SCREEN WHERE WE HAVE MASONRY WALL [NOISE].

>> IT GOES ZERO BUT THAT MISSIONARY WALL STOPS.

IT ONLY GOES SO FAR.

>> YOU WANT TO STOP ABRIDGE ALLEY WHAT ABOUT WHERE YOU LIKE TO [OVERLAPPING] [INAUDIBLE].

>> OKAY.

>> [INAUDIBLE]

>> LOOK ACROSS THE ALLEY ENTRANCES THERE YOU'RE GOING TO KILL

[00:30:01]

THAT ALLEY ENTRANCE [OVERLAPPING] THAT I'VE SEEN ON A MAP.

>> WHAT'S HAPPENING IS PEOPLE ARE CUTTING FROM THE RESIDENTIAL NEIGHBORHOOD.

THEY'RE GONE ACROSS AND ACCESS AND THAT ASPHALT TO GO OUT TO CUSTER ROAD, THAT'S ONE.

SECOND THING IS YOU'RE GOING TO LOOK ON THAT AERIAL AND YOU CAN SEE WHY PEOPLE OVER LEFT, TRACKS BACK THERE WITH SOME TYPE OF MOTORIZED VEHICLES, BUT THAT WILL OBVIOUSLY GO AWAY ONCE THIS SIDE IS DEVELOPED, BUT THAT'S HAPPENING ON OTHER SECTIONS OF THE TOWN WHERE WE GOT AN OPEN FILM, PEOPLE GO OUT THERE AND MOTORCYCLES OR FOUR WHEELING BUT DEVELOPMENT WE'LL PUT A STOP TO THAT.

BUT AS FAR AS EXTENDING THE ROAD, I DON'T RECALL THE HISTORY OF WHY WE STOPPED THERE.

I KNOW THERE'S AN EASEMENT BACK HERE, HOMEOWNER HAS ASKED FOR A WALL ALONG THE ALLEY THAT IS NOT FEASIBLE.

THE REASON FOR THAT THERE'S A 40-FOOT EASEMENT IN THEIR, MAJOR WATERLINE AND IF WE HAVE TO GET AGAIN AND TWO AND DO ANY REPAIRS ON THE MAJOR WATER LINE WE'RE DIGGING DOWN DEEP, YOU'RE GOING DOWN 20 FEET AT LEAST.

A WALL IT'S NOT GOING TO BE HELD UP IF YOU HAVE TO DO THAT.

THAT'S WHY YOU HAVE TO DO OPEN FENCING, THAT'S A WALL WAS PUSHED BACK HERE.

I WAS TRYING TO DO LANDSCAPING ON THIS AREA, ANYTHING THAT WILL NOT INTERFERE OR WITHOUT WATERLINE.

THAT IS CRITICAL, THAT WE PRESERVE THAT.

THE AXIS IS MAINTAINING THE AXIS ABOUT THE SAME POINT THAT IT IS THERE TODAY, BUT INSTEAD OF GOING STRAIGHT OUT, IT DIPS DOWN AND THEN YOU CAN GO BEHIND LA FITNESS, OR YOU CAN COME IN THIS WAY, BUT MULTIPLE WAYS TO GET TO THAT POINT.

NOW AS FAR AS EXTENDING THE WALL AND I'M NOT PREPARED TO ANSWER THAT, THAT'S PROBABLY I JUST NEED TO GET OUT ALL THE PEOPLE ON THE ROOM, AND TAKE OFF HARD LOOK AT THEM, BUT AGAIN BY PUTTING UP GATES OR ANYTHING LIKE THAT, I'LL GO BACK AND FORTH ON THAT BECAUSE IF YOU CAN'T GET IT OFF, IT ALMOST INVITES PEOPLE TO GET BACK IN THERE AND IT CAN GO IN SO MANY DIFFERENT DIRECTIONS.

THE BEST THING IS HAVING EYES ON HIM, BUT THAT'S GOING TO BE DIFFICULT BECAUSE YOU'VE GOT A SCREENING WALL HERE, PEOPLE HOP OVER THE FENCE FROM A NEIGHBORHOOD.

THAT'S A POSSIBILITY, THAT HOW LIKELY, SOMEBODY'S GOING TO HAVE TO WORK ON THAT A LITTLE BIT, BUT I'LL TELL YOU RIGHT HERE OR DOESN'T GUARANTEE THAT IT WON'T HAPPEN.

>> A QUESTION YOU ASKED AT THE ONSET WAS AROUND ORNAMENTAL FENCING, MORE WRAPPED [OVERLAPPING] UP HERE WHERE ARE YOU MENTIONING THAT FENCING? CAN YOU SHOW US?

>> IT'S ARIGHT ALONG THE ALLEY, RIGHT ALONG THERE.

>>ON THE SOUTH SIDE, CORRECT?

>> YES. IT'S ON THEIR PROPERTIES, BASICALLY RIGHT ALONG THE PROPERTY LINE.

>> THANK YOU.

>> ON THE SITE PLAN, IT SAY WROUGHT IRON, ON THE LANDSCAPE PLAN, IT SAYS A METAL FENCING.

AGAIN, THEY'RE CLARIFY THAT IS ORNAMENTAL FENCE WHICH IS MORE THAN LIKE FOR THE TUBULAR STEEL

>> CAN YOU CLARIFY SOMETHING, CAN YOU SHOW THE SLIDE WITH THE YELLOW SUBJECT PROPERTY SLOGAN? WAS THEIR PROPERTY ON THE SOUTH OF THE ASPHALT OR THE NORTH OF THE ASPHALT.

>>NO. THE ASPHALT BASICALLY FOLLOWS THAT YELLOW LINE.

THIS IS LA FITNESS AND THEN THEY HAVE ARM GOES OUT HERE.

>> BUT ON THAT, IS THE YELLOW LINE ON THE TOP WHEN THE NORTH OF THE ASPHALT ROAD OR THE SOUTH OF THE ASPHALT

>>NO. THAT BOTTOM YELLOW LINE IS BASICALLY RIGHT DOWN THE MIDDLE OF THE ASPHALT LAWN.

>> IN THE MIDDLE OF THAT ASPHALT.

>> YES. YOU GOT A PART ON LA FITNESS AND THEN YOU GOT A PART ON PERHAPS THE APPLICANTS PROPERTY.

>> THAT'S PART OF THE PROBLEM IS THAT.

>>I CAN EXPLAIN SOMETHING ABOUT THAT.

>> ONE PERSONALLY WE'VE GOT ENTIRE ASPHALT ROAD, STILL [INAUDIBLE].

>> I'VE REACHED OUT STATEWIDE ACTUALLY STACEY STANBRIDGE THAT'S SELLING THE PROPERTY.

HE REACHED OUT JUST BEFORE THE MAIN.

I'VE GOT AN EMAIL THAT SAYS HE WAS UNDER THE WEATHER WON'T ABLE TO MAKE IT.

THEN I ASKED HIM ABOUT, "HEY DO YOU HAVE ANY POLL IN GETTING THE HALF REMOVED OFF OF LA FITNESS." HE SAID, NO. THAT'S HANGING OUT THERE, BUT JOEL HAS SOMETHING TO SAY.

>> BEFORE WE KNEW THIS WAS AN ISSUE, ENGINEERING SERVICES THOUGHT THIS WAS ALREADY TAKEN CARE OF BECAUSE ON THE SUP DOCUMENT YOU HAVE BEFORE YOU, IT SAYS THAT THIS PROJECT WILL REMOVE THE ENTIRE ASPHALT ROAD.

FROM ENGINEERING SERVICES, WE ASSUMED IT WAS TAKEN CARE OF BECAUSE ONCE THIS IS APPROVED, THAT BECOMES PART OF THE SUP AND A REQUIREMENT OF THIS PROJECT TO REMOVE THE ROAD.

THEY PUT IT ON THE DOCUMENT, IT SAYS REMOVE THE ROAD.

THAT'S SOMETHING TO KEEP IN MIND THAT CURRENTLY IT'S ON THE DOCUMENT THAT BEFORE YOU TONIGHT THAT SAYS THAT THEY WILL REMOVE THE ROAD.

[00:35:02]

THE ASPHALT ROAD IS AN EASEMENT, THERE'S NOTHING PREVENTING THEM FROM GETTING ON LA FITNESS, IT'S PROPERTY TO REMOVE THE ROAD BECAUSE IT'S IN AN ACCESS EASEMENT TODAY AND IT'S TO THE CITY.

THEY ACCESS EASEMENTS TO THE CITY, THE CITY CAN SAY YES, YOU CAN REMOVE THE ROAD EVEN IF HALF THE ROAD IS ON LA FITNESS PROPERTY.

AGAIN, IF THERE'S GOING TO SAY THAT THEY'RE NOT GOING TO REMOVE THE ROAD THEY WOULD HAVE TO MODIFY THE DOCUMENT BEFORE YOU BECAUSE THEY CURRENTLY SAID THEY ARE GOING TO REMOVE IT ON THE DOCUMENT THAT'S BEFORE YOU.

>> AN EASEMENT AS AN AVENUE [LAUGHTER] UNINTENDED, TO ALLOW THEM TO REMOVE THAT EASEMENT AS THE CITY ROLL OUT THAT.

>> YES.

>> OKAY.

>> PULL OUT HAVING PERMISSION FOR 24 HOUR FITNESS?

>> LA FITNESS.

>> I'LL FEEL BETTER IF WE GOT THAT PERMISSION FROM THE PROPERTY OWNER TO MAKE THAT AND I WOULD LIKE TO GET THAT WORKED OUT BEFORE MAYBE EVERY ONE THINGS TO GET WORKED OUT BEFORE YOU ALL MAKE A RECOMMENDATION.

>> JOHN, CAN I EXTEND THE QUESTION WHERE WE JUST WERE TALKING ABOUT WITH THE NORTHERN BOUNDARY.

JUST SO WE'RE ALL CLEAR, THE APPLICANT OWNS THE STRIP OF LAND, THE FLAGPOLE, UP TO AN ALMOST ADJACENT TO THE ALLEYWAY.

>> THEY OWN UP TWO HUNTERS CREEK.

>> OKAY.

>> THIS, THE APPLICANT PROPERTY DOES THAT.

IN LA FITNESS, THIS RUNS ON THE SOUTH SIDE, SO THEY HAVE A SIMILAR SITUATION.

IF YOU GO TO OUR GIS MAPS AND JUST SCROLL THE BASE MAP AND YOU CLICK ON THIS PROPERTY, YOU WILL GET THAT.

IF YOU CLICK ON "LA FITNESS", THEN YOU'LL SEE LA FITNESS.

WHEN I WAS RESPONDING TO BRIAN'S EMAIL FROM YESTERDAY, AT FIRST, I INCLUDED BOTH OF THEM AND THEN I JUST WENT WITH THE ONE BECAUSE I THOUGHT WE HAD THE ROAD ALL WORKED OUT, AND THEN REALIZE A LITTLE BIT LATER, THE RESPONSE THAT CAME FROM THE APPLICANT IS WE'RE GOING TO REMOVE OUR HALF.

THEN JOEL MENTIONED THAT TALKS ABOUT REMOVING ALL OF IT.

THERE'S SOME CONFUSION THERE THAT I CAN'T TELL YOU DEFINITIVELY THAT ALL OF THAT'S GOING TO BE REMOVED BASED ON THE INFORMATION THAT'S BEFORE US TONIGHT.

>> ON THE SAME POLE WE'RE TALKING ABOUT JUST TO CLARIFY, THERE WILL NOT BE ANY HOA LAND SOUTH OF THE ALLEY.

THEIR HOA, THEIR BOUNDARY ENDS AT THE ALLEY, AND IT BECOMES THE COMMERCIAL TRACK.

>> THE ENDS, YOU'VE GOT THE ALLEY RIDER POINT.

ALLEY RIDER WAY IS 18 FEET, AND THEN YOU GOT 12 FEET OF PAVEMENT.

IT'S BASICALLY THREE FEET PAST THE ALLEY PAVEMENT IS WHERE THE PROPERTY LINE STOPS FOR THE NEIGHBORHOOD.

>> OKAY. THANK YOU.

>> THE PROPOSED ORNAMENTAL FENCE THAT WILL GO ALONG THE NORTH PIECE OF THEIR PROPERTY LINE WOULD THEN PRECLUDE PEOPLE FROM USING THE ASPHALT ROAD FROM GETTING UP TO CUSTER ANY LONGER. IS THAT RIGHT?

>> YES, WE'LL ALSO TAKE A PICKUP TRUCK AND RUN OVER IT. I'M RIGHT HERE TO HELP.

>> [OVERLAPPING] THE ORNAMENTAL FENCE IS RIGHT HERE, CORRECT?

>> YOU HAVE TO GO THROUGH THE ORNAMENTAL FENCE.

>> THE ORNAMENTAL FENCE, THAT'S RIGHT, ALONG THERE.

>> WHERE THE GREEN IS.

>> THEN THEY GET TO THE STORAGE UNIT.

THEY'RE GOING TO HAVE A GATE BY THE EAST SIDE HERE THAT WILL HAVE TO GO THROUGH TO GET BACK TO THAT.

>> TO GET TO THIS FACILITY, YOU WOULD COME IN OFF CUSTER ROAD RIGHT HERE, RIGHT THERE.

>> YOU USE THAT?

>> THEY'RE TALKING ABOUT, THEY WILL PUT UP A GATE THERE TO FURTHER DETER PEOPLE FROM TRYING TO CUT THROUGH HERE.

>> RIGHT. BUT THEY WILL BE COMING IN ON THAT ROAD.

THAT'S ACTUALLY A ROAD.

IT'S ACTUALLY A CITY ROAD.

>> THAT'S RIGHT. THERE'S A TRAFFIC SIGNAL RIGHT HERE THAT HAS COME IN THIS WAY.

>> THAT'S WHAT LA FITNESS USES, AND THAT'S WHAT THEY WOULD USE.

>> EXACTLY. ALL OF THIS IS OPEN, BUT THEY HAVE A GATE GETTING INTO THE FACILITY HERE ALONG THE WEST EASTERN SIDE OF THE PROPERTY.

>> YOU MAY HAVE JUST ANSWERED IT, I APOLOGIZE, BUT HOW WILL THE CITY ACCESS THE CITY'S PROPERTY BACK THERE? IS THAT FROM THE ROAD YOU JUST POINTED OUT WHERE THE TRAFFIC IS?

>> YEAH. WE CAN COME IN THIS WAY, GO UP WAY, BUT THAT'S THE ACCESS POINT. IT'S COMING THIS WAY.

>> SORRY. I'M STILL CONFUSED.

>> AROUND THE PROPERTY, I DON'T UNDERSTAND HOW THEY'RE GOING TO GO ON THE NORTH SIDE.

IS THERE A ROAD UP THERE? THEY'RE PUTTING IN A ROAD?

>> LET ME BACK UP. HOLD ON.

>> THIS WAS HARD TO SEE.

>> OKAY. HERE WE GO. THIS EXISTS HERE.

THIS EXISTS TODAY AROUND LA FITNESS, AND THIS WILL BE EXTENDED AND CONNECT TO THE WATER TANK SIDE.

THIS IS ASPHALT ROAD BASICALLY RIGHT ABOUT HERE.

>> THAT'S ON THE SOUTH SIDE OF THE CURRENT ROAD THAT'S BEING SAID TO BE DEMOLISHED?

>> YES, THAT'S RIGHT. THIS IS THE ALL NEW PAVEMENT,

[00:40:03]

CONCRETE BETTER THAN WHAT'S OUT THERE TODAY.

>> QUESTION WITH REGARDS TO THE FENCING.

IF THERE WAS NOT A WIRE EASEMENT ON THE NORTH SIDE, WILL THEY BE REQUIRED TO DO A BRICK IN MAIN STREET?

>> YOU WOULD HAVE A BRICK WALL, EIGHT FOOT BRICK WALL AND TREES.

>> BECAUSE THE WATER IS THERE, SO IT'S HELPING ORNAMENTAL OR A WROUGHT IRON.

>> YEAH. WALL IS OUT OF QUESTION.

I'M TRYING TO DO A DOUBLE ROW TREES, THAT'S OUT OF THE QUESTION AS WELL.

THAT'S WHERE WE WORKED WITH WALMART TO DO SOME EARLY LANDSCAPING UP HERE BECAUSE OF THE CONCERNS THAT THE HOMEOWNER HAD.

WALMART DIDN'T HAVE TO, BUT WE WORKED WITH THEM TO GET SOME LANDSCAPING.

AGAIN, THE PROPERTY DOES DROP OFF.

THIS IS WEST ROWLETT CREEK.

IT'S DRAINING THIS WAY.

>> CAN YOU MOVE BACK TO THE LAST SLIDE? WHERE I PUT THE BLUE LINE HERE, IT SAYS CONNECT TO EXISTING FENCE.

WILL THERE BE A SOUTH FENCE GOING HERE DOWN THE PROPERTY LINE?

>> THAT I'M NOT SURE WITHOUT LOOKING AT THE PLAN. THERE'S A FENCE THERE.

>> CERTAINLY RIGHT. YOU CAN'T SCROLL HERE, BUT IT SAYS CONNECT TO EXISTING FENCE IS WHAT I SEE.

>> THERE IS A FENCE.

>> OKAY. THEY'RE SAYING THERE WILL BE A FENCE THERE.

>> SAY THAT AGAIN.

>> THEY SAY THERE'LL BE A FENCE.

>> IT GO ACROSS THE DRIVEWAY, SO THE DRIVEWAY WILL ACTUALLY END RIGHT IN HERE.

>> IT DOESN'T GO ACROSS THE DRIVEWAY.

>> THIS IS OPEN HERE.

THAT IS OPEN. THEY'RE GOING TO HAVE A FENCE, A GATE HERE.

I THINK YOU HAVE A GATE DOWN HERE.

THERE'S A FENCE AROUND THE REST OF THE PROPERTY, BUT THAT HAS TO REMAIN OPEN, SO IT DOES NOT IMPEDE OUR ACCESS TO OUR PROPERTY.

>> THAT GIVES YOU THE SECOND ACCESS, IS THAT WHY TO, THE CITY PROPERTY?

>> THE BASE, I HAVE ONE ACCESS BACK THERE.

THAT IS THE ACCESS.

>> THERE'S NO ACCESS DOWN HERE?

>> THERE IS NONE.

>> THERE ISN'T.

>> THERE IS ONE [INAUDIBLE]

>> JOHN, JUST TO CLARIFY THAT, IS THE ANSWER THAT WE NEED TO MAINTAIN TWO ENTRANCE POINTS TO THE WATER STORAGE?

>> I DON'T KNOW ABOUT THE SECOND ONE, BUT YES, HAVING TWO IS ALWAYS BEST.

>> OKAY.

>> THAT'S IN THE SUBDIVISION ORDINANCE.

>> I'M JUST LOOKING AT AN AERIAL.

IT LOOKS LIKE NORTH OF WALMART, THERE'S CURRENTLY AN EXISTING ROAD WHERE YOU COULD DRIVE INTO THE WATER PLANT.

>> LET'S GO BACK TO THAT.

>> IMAGE GIS.

>> NO, HOLD ON.

>> CAN YOU SHOW US WHERE IS THAT?

>> [INAUDIBLE]

>> WE'RE DONE RIGHT THERE.

>> THAT'S THE ROAD WHERE THE SIGNAL IS.

>> IF YOU GO TO THE PLAN, JOHN IS SHOWING ALL THE SAME PLAN HERE THAT WE WERE JUST [OVERLAPPING]

>> THIS IS ACCESS 1 AND THIS IS ACCESS 2.

JUST TO CLARIFY AGAIN, SO WE CANNOT SHUT OFF AND WE SHOULD NOT SHUT OFF ACCESS 2 ON THE NORTHERN EDGE THERE?

>> CORRECT.

>> OKAY.

>> JOHN, DID YOU SAY EARLIER THAT YOU THOUGHT YOU'D NEED A LITTLE MORE TIME TO WORK OUT THESE DETAILS?

>> WE'RE BRINGING UP POINTS ABOUT THE LANDSCAPING, WORKING WITH THE OUTCOME.

I DON'T KNOW WHAT DISCUSSIONS HAVE TAKEN PLACE.

AGAIN, IF THEY HAVE THOSE DISCUSSIONS, THAT'S BETWEEN THE OUTCOME.

THE PROPERTY OWNER, IF THEY WANT SOMETHING IN THE SUP, THAT'S SOMETHING WE HAVE TO WEIGH, BUT I HAVE NO IDEA WHAT THAT IS.

I DO HAVE JASON GRIM HERE.

WE'RE TALKING ABOUT DRAINAGE IN BETWEEN THE ASPHALT ROAD AND THE ALLEY.

THERE IS A DRAIN AS WELL FOR THE PURPOSE OF CONVEYING WATER.

THERE WON'T BE ANY WATER FROM THIS SIDE, AND GOING ON TO HOMEOWNERS' PROPERTY OR VICE VERSA.

BUT IN-BETWEEN, THERE IS A DRAINAGE AS WELL THAT LEADS DOWN TO THE TRIBUTARY THAT RUNS PARALLEL TO CUSTER ROAD.

SOMETHING WILL HAVE TO BE DONE TO MAKE SURE THAT DRAINAGE STILL HAPPENS AND DOESN'T POND AND BECOME A MOSQUITO INFESTATION.

>> WE MAY NEED MORE TIME BEFORE WE CAN ACTUALLY UNDERSTAND THIS.

I TRIED TO FOLLOW THE EMAILS TODAY, BUT IT WAS A LITTLE CONFUSING. I CAN ONLY IMAGINE.

>> I THINK A COUPLE OF THINGS.

ONE IS THE ASPHALT DRIVEWAY IS GOING AWAY BASED OFF THE PLAN TODAY.

THERE'S GOING TO BE GATE DOWN AT THE END.

THAT'S GOOD, TRYING TO REALLY STOP THAT.

I'M NOT REALLY UNDERSTANDING WHERE A MASONRY WALL IS VERSUS AN ORNAMENTAL WALL, BUT I DON'T NECESSARILY THINK IT HAS TO BE A WROUGHT IRON FENCE.

ORNAMENTAL SHOULD DO THE SAME THING, BUT THEY'RE RESPONSIBLE FOR KEEPING IT UP,

[00:45:02]

MAINTAINING IT, THE OWNER IS, AND THAT'S THE CONDITION OF THE SUP.

THE FENCE HAS TO BE MAINTAINED OR A TRUCK RUNS OVER IT OR NOT.

I THINK YOU'RE BETTER OFF PUTTING A WROUGHT IRON FENCE UP THERE FOR DURABILITY PURPOSES AND LONG-TERM VALUE.

ONE OF THE QUESTIONS I HAVE IS THE RV PARKING.

HOW FAR AWAY FROM THE PROPERTY LINE IS THE RV PARKING STARTING?

>> IT'S GOING TO BE 24 FEET HERE, WE A HAVE 40 FOOT TO EAST PLAN.

[OVERLAPPING] 160 FEET FROM, WELL, IF YOU WANT TO COME UP, WE WANTED YOU TO COME UP [OVERLAPPING].

>> YES.

>> CAN YOU TELL GUYS THE DISTANCE BETWEEN HOA PROPERTY AND YOUR PROPERTY?

>> THE DISTANCE BETWEEN THE HOA PROPERTY AND THE BUILDING IS 230 FEET SO THE DISTANCE BETWEEN THE ALLEY AND THE BACKSIDE OF THE RV PARKING IS 160 FEET.

>> AWESOME, 150 FEET?

>> A 160 FEET.

>> THEN THIS IS BELOW GRADE OF THE ALLEY?

>> YES. I BELIEVE WE SUBMITTED A VISION LINE EXHIBIT, GO BACK ONE, THERE WE GO.

THIS IS ONE OF THE PRIMARY EXHIBITS THAT WE TRIED TO PUT FORWARD, SO YOU CAN SEE THAT 160 FEET IS LABELED DOWN THERE BETWEEN THE BACK OF THE HOUSE AND THE BACKSIDE OF THE RV PARKING AND THEN IT'S 230 FEET FROM, I PROBABLY MISSPOKE, FROM THE HOUSES TO THE BUILDING THERE.

WE ARE SET BACK QUITE A BIT OF WAY.

ALSO, I COULD ADDRESS THE ROAD.

JUST A POINT OF CLARIFICATION, WE ARE NOT OPPOSED TO REMOVING ALL THE ASPHALT ROADS.

WHAT WE WANTED TO MAKE SURE IS THAT WE WOULDN'T BE FORCED TO GO ON ANOTHER OWNER'S PROPERTY AND DO CONSTRUCTION WORK ON IT.

IF THERE IS AN EASEMENT THAT CAN BE WORKED OUT, AND THIS MAY BE A CONDITION TO APPROVAL WHERE WE'D BE MORE THAN HAPPY TO GO AND TAKE OUT THAT ROAD IF WE'RE ENTITLED TO DO SO.

>> I THINK THERE HAS TO BE A CONDITION OF APPROVAL, MYSELF, I THINK IT'S DEFINITELY DOABLE.

>> AGREE.

>> WE HAVE A 160 FOOT FROM THE BACK OF THE HOUSE, NOT FROM THE HOA DRIVE, WHICH IS PROBABLY MORE LIKE 110 FOOT, 120 FOOT, WHICH IS STILL NOT BAD.

I'M LOOKING AT THE 10-FOOT RISE.

THE TYPICAL HEIGHT OF RV IS WHAT? ABOUT 12 FEET?

>> A 12-14 FEET, YES.

>> IT'S LIKE A ONE-STORY BUILDING?

>> RIGHT.

>> I DO THINK I'D HAVE A HARD TIME ASKING THE APPLICANT TO REORIENT THIS.

I THINK, IT WOULD CAUSE SOME BIG PROBLEMS IN THE BUILDING AND ACTUALLY WOULD CAUSE THE TWO-STORY BUILDING TO BE PUSHED BACK CLOSER TO THE PROPERTY LINE, WHICH WE DON'T WANT TO GET THE APPROPRIATE AMOUNT OF SIZE IN THERE.

LOOKING AT THE SIGHT LINES, I THINK I'M OKAY WITH THE RV STORAGE WHERE IT'S AT BECAUSE IT'S FAR ENOUGH BACK AND WITH THE TREES ALONG THAT ROAD, I THINK IT'S GOING TO BE OKAY.

I DO WANT TO SEE A LANDSCAPE PLAN AND I DO WANT TO MAKE SURE THAT WE HAVE A SOLID PLAN ON THE ASPHALT ROAD, I DO THINK THAT NEEDS TO GO? I MEAN, IT'S AN IMITATION, IT'S REALLY WHAT IT IS, IT'S LIKE A DRAG EXTRA.

I'VE BEEN ON PLAY DIRECTIVES ARE PART OF MY LIFE WITHOUT INCRIMINATING MYSELF.

I DO THINK THOSE THINGS NEEDED TO BE TAKEN CARE OF.

I DON'T THINK WE CAN TAKE CARE OF THOSE TONIGHT MYSELF.

>> I HAVE A COUPLE OF INITIAL QUESTIONS, ON THE RENDERING AND DRAWING IN FRONT OF US.

GO BACK, SORRY.

GO DOWN ONE PAGE ON THAT PAGE THAT WAS JUST UP THEN WE'LL GO BACK TO THE RENDERING.

IT SHOWS TREES AT 15 FEET TALL.

ARE YOU SAYING YOU'RE GOING TO PLANT 15-FOOT TALL TREES ON DAY ONE?

>> NO, THE 15 FOOT IS IN A YEAR OF GROWTH.

WE'RE PLANNING EIGHT-FOOT TREES SO WE HAVE TO WALK FROM THE HOUSE TO THE BUILDING.

WE'VE GOT THE HOUSE, WE'VE GOT THEIR FENCE, WE HAVE THE TRASH ALLEY, WE'VE GOT THE PROPERTY LINE, WILL HAVE AN ORNAMENTAL FENCE, WILL HAVE TWO ROWS OF EVERGREENS, A SPACE, AND THEN THAT EXISTING SIX-FOOT MASONRY WALL AND THEN THE DROPPING ELEVATION, AND THEN OUR FENCING, AND THEN THE RV, AND THEN THE BUILDING.

WE FEEL LIKE THERE'S A SUBSTANTIAL BUFFER THERE, BUT, NO, THE TREES WILL BE EIGHT-FEET WHEN PLANTED.

[00:50:01]

>> I'D LIKE TO SEE NEW VISIBILITY DRAWING WITH EIGHT-FOOT INSTEAD OF 15 FEET BECAUSE THAT'S GOING TO CHANGE THIS DRAMATICALLY IN MY OPINION, I MAY BE INCORRECT.

I'M NOT AN ENGINEER BY TRADE.

WHEN I LOOK AT THE SIGHT LINE, THERE ARE TWO SIGHT LINES FROM THE SECOND FLOOR OF THE HOUSE ON THE FAR RIGHT.

ONE SIGHT LINE IS LOOKING UP, THE OTHER IS LOOKING DOWN AND IT'S BLOCKED BY A 15-FOOT TREE, THAT OAK SHOULD BE HALF THAT HEIGHT AT THE TIME OF BUILDING AND I CAN'T GUESS WHAT THE WEATHER IS GOING TO DO, THOSE TREES MIGHT DIE.

WE'VE GOT TREES THAT WE APPROVED ON TEAL AVENUE THAT DIED RECENTLY, BUT WE THOUGHT THOSE WOULD GROW, SO THERE'S SOME CHALLENGES WITH THOSE.

I'M CONCERNED WITH THAT FOR THE HOMEOWNERS THAT ARE HERE, THEY WERE HERE FIRST.

I'M HAPPY THAT THEIR MUDDING AREA WILL BE GOING AWAY.

DON'T GET IT ME WRONG, SORRY, ROB NO MORE MUDDING IN YOUR BAR AND YOUR PRIVATE LIVES.

NOT AT THIS SITE BUT I'M CONCERNED ABOUT THAT BECAUSE I DON'T THINK IT'S RIGHT TO SAY THIS IS WHAT YOU'RE GOING TO SEE WHEN IT GETS BUILT BECAUSE IT'S NOT.

SECONDLY, IF YOU CAN [OVERLAPPING] REJECTED WITH SOMETHING THAT'S VERY PERTINENT TO WHAT YOU JUST SAID.

THE DOCUMENT ALSO SAYS, CORRECT ME IF I'M WRONG, THAT YOU CAN SEE THROUGH THAT EVEN THE 15-FOOT TREES, IT SAYS THAT YOU CAN STILL SEE THROUGH THE TREES.

THEY'RE NOT A SOLID WALL SO EVEN WHEN THEY DO REACH MATURITY FROM EIGHT FEET UP TO 15 FEET, THE DOCUMENT SAYS THERE'S STILL VISIBILITY BETWEEN, YOU SEE THROUGH THE TREES, YOU WILL BE ABLE TO SEE SOME OF THE STORAGE.

>> THEY'RE TREES, NOT A HEDGE.

>> YES. I DON'T WANT HOMEOWNERS TO HAVE MANAGER'S EXPECTATIONS THAT IT'S NOT A 15-FOOT TALL HEDGE AS YOU JUST SAID.

>> OKAY. I HAD A QUESTION AND IF YOU CAN GO UP A PAGE.

>> THIS IS ZONE C1, RIGHT?

>> YES.

>> YEAH. WE'RE MUCH BETTER THAN ANY OTHER C1 ZONING THAT WE'RE GOING TO GET ON THIS PROPERTY IF THEY DIDN'T COME IN WITH THIS PLAN SO I DON'T THINK WE'RE GOING TO HAVE A 100 PERCENT KILL EVERY SIGHT LINE OF AN RV BUT CERTAINLY IF YOU STAGGER THE WAY WE'RE DOING IT, YOU'RE GOING TO MAKE IT MUCH MORE. [OVERLAPPING]

>> AGREED. LET ME MAKE IT CLEAR WHAT YOU'RE ADDING HERE IS A GREAT THING BUT I'D LIKE TO SEE WHAT IT IS WITH ACTUALLY THE EIGHT-FOOT INSTEAD OF THE 15 FOOT.

I'M NOT SAYING THAT WILL MAKE A DIFFERENCE, BUT I THINK IT'S FAIR TO BE ABLE TO SEE THAT.

>> ABSOLUTELY.

>> I THINK THIS IS A GOOD USE FOR THIS PIECE OF PROPERTY.

I MEAN, IT'S STUFFED BACK THERE AND WITH THE IDEA THAT IT COULD BE A BIGGER COMMERCIAL TOWN.

THIS IS THE BEST THING THAT COULD BE DONE HERE BUT I THINK THERE'S A LOT OF UNANSWERED QUESTIONS THAT NEED TO BE WORKED OUT.

MR. ROB WAS SAYING THAT HE WOULD LIKE SOME TIME TO DO THAT.

THE ONE OTHER QUESTION THAT I HAVE IS, I WAS FOLLOWING EMAILS BACK AND FORTH ABOUT BUILDING MATERIALS AND AGREEMENT TO BUILDING MATERIALS.

THE LAST ONE I SAW SAID THAT YOU'VE AGREED TO MAKE IT ALL BRICK, IS THAT TRUE?

>> THAT'S CORRECT AND COMMISSIONER CAN I ASK?

>> THAT SHOULD BE CLARIFIED.

>> WE HAD STUCCO ON THE SECOND, BUT WE CHANGED THAT.

WE ORIGINALLY INTENDED FOR STUCCO TO BE ON THE SECOND STORY BUT MODIFIED THAT TO ALL BRICK.

>> RIGHT. BUT I SAW AN EMAIL SENT OVER, SO I'D LIKE THAT TO BE IN WHATEVER YOU COME BACK WITH.

>> IF I CAN ADD ON SO THAT EXHIBIT IN FRONT OF US, CAN YOU JUST CONFIRM.

THE HOUSES FROM THE NORTH, THEY WILL LOOK ONTO WHICH ELEVATION?

>> THEY WILL LOOK WELL, THE NORTH ELEVATION HERE WITH THAT SET DOWN, SO THEY'LL BE LOOKING AT THE SECOND STORY OF THE NORTHERN ELEVATION.

>> SO THE HOUSES ARE HERE, THE GRADE SHUT WOULD HAVE THE IMPROVEMENT HERE, IS THAT CORRECT?

>> YES.

>> IF I LOOK AT THE NORTH ELEVATION, THERE WILL BE PROPOSED RV PARKING ALONG THE EDGE OF THE PROPERTY LINE, AND THEN IN JUST THE ANTERIOR TO THAT WILL BE THE PICTURE DEPICTED HERE, NORTH ELEVATION WITH THE ROLL OF DOORS, BUT WITH MASONRY INSTEAD OF THE STUCCO IS DEPICTED HERE.

>> THAT'S CORRECT. YES.

>> THANK YOU.

>> I HAVE ANOTHER QUESTION FOR THE APPLICANT WHILE YOU'RE UP THERE.

>> SURE.

>> I'M CONCERNED ABOUT THE FLAGPOLE THAT'S GOING TO BE LEFT BEHIND AS A REMNANT, ONCE THE ASPHALT ROAD IS REMOVED.

WHAT WE'RE SAYING IS THAT, AND CAN WE PULL UP THE ACTUAL SITE PLAN THAT SHOWS THE FLAGPOLE AGAIN.

I'M SAYING THE FLAGPOLE OF LAND.

THAT'S THE [OVERLAPPING] THE FLAGPOLE-LOOKING PIECE OF STRIP OF LAND FROM CUSTER THAT CURRENTLY GOES BACK TO THE WATER TREATMENT PLANT.

[00:55:05]

WHAT WE'RE CREATING IS MY CONCERN LONG-TERM.

WE'RE MAKING THE OWNER OF THE STORAGE FACILITY MAINTAIN A STRIP OF LAND THAT HAS NO VALUE OR USE OR ANYTHING.

HAVE YOU GUYS TALKED TO EITHER THE NEIGHBORHOOD HOA OR THE LA FITNESS LANDOWNERS ABOUT RE-PLATING AND DEEDING OVER THAT STRIP OF LAND SO ONE OF THE TWO OF THEM MAINTAINS SOMETHING THAT'S MORE ADJACENT TO THEM.

>> JUST TO BE CLEAR, THEY HAVE TO MAINTAIN THAT STRIP OF LAND TO HAVE THEIR FRONTAGE TO CUSTER ROAD.

IF THEY DIDN'T OWN THAT, THEN THEY WOULDN'T BE A LEGAL LOT.

>> OH.

>> DECISION IS ALREADY BEEN MADE.

PLOTTED, WE ALL APPROVED IT, IT'S [INAUDIBLE].

>> WE'LL STRIKE THAT QUESTION.

>> WELL, NOT STRIKING THE DECISION, JUST CLARIFYING.

>> WHEN WE ORIGINALLY WERE LOOKING AT PURCHASING THIS LAND, IT WAS DEPICTED AS A RED SQUARE, AND THEN WE FOUND OUT THAT THERE WAS THIS WHOLE ANOTHER PIECE, SO THAT ADDED SOME INTERESTING DYNAMICS.

WE WE'RE WORKING HARD WITH THE HOA TOO.

WE WANT TO MAKE SURE THAT WE'RE DETERRING ALL ADDITIONAL ACTIVITY WHILE STILL HAVING ACCESS FOR OUR LANDSCAPERS TO COME, BECAUSE THEY'RE GOING TO HAVE TO GET BACK THERE, MAINTAIN IT AND IF IT'S COMPLETELY SEALED OFF, [NOISE] THEN IT COULD BE DIFFICULT TO MODEL.

>> MAYBE I'M NOT UNDERSTANDING, THEN JOE, CAN YOU [INAUDIBLE] QUESTION WITH THAT? WHY IS THE SOUTHERN ROAD COMING FROM THE TRAFFIC LIGHT, NOT COUNT AS THEIR ACCESS TO THE CUSTER?

>> THAT'S NOT A CITY ROAD, THAT'S JUST A FIRE LANE.

>> THAT'S JUST A FIRE LANE?

>> YEAH. THE ONLY FRONTAGE THAT THIS LOT HAS IS STILL THAT LITTLE BIT TO CUSTER ROAD.

BECAUSE IF YOU ELIMINATED THIS, THEN THEY HAVE NO FRONTAGE TO ANY PUBLIC STREET.

>> GOT THAT. I'M SORRY, I THOUGHT WE REFER TO THAT AS A PUBLIC STREET EARLIER.

>> YES. I THINK SOMEBODY DID MENTION THAT, AND I DIDN'T HOP UP AND CORRECT IT.

BUT YEAH, IT'S NOT A CITY STREET, [OVERLAPPING] IT'S A FIRE LANE THAT CONNECTS TO A TRAFFIC SIGNAL, BUT IT'S STILL JUST A FIRE LANE.

>> NOW THAT CLARIFIES.

>> IT'LL TAKE AWAY PUBLIC ACCESS TO.

>> [OVERLAPPING] I WAS GOING WITH YOUR ASSUMPTION [LAUGHTER] THAT WHEN WE SAID THAT WAS A PUBLIC ROAD, WE WERE THINKING IT WAS SO.

>> FINAL THING I THINK I HEARD EARLIER WAS THE RED CEDAR QUESTION UNDERNEATH THE POWER LINES.

IS THAT SOMETHING OUR LANDSCAPING GROUP OR TEAM WOULD NEED TO DEAL WITH AND TRY TO OPTIMIZE THAT WITH THE LAND?

>> [OVERLAPPING] I'D LIKE TO GIVE THEIR OTHER OPINION ON IT.

BECAUSE I'M NOT PREPARED TO GIVE A RESPONSE TO THAT [NOISE] I VALUE THEIR OPINION.

[NOISE] [BACKGROUND]

>> IT'S A FAIR THING TO LOOK AT.

IF WE'RE GOING TO LOOK AT THE LANDSCAPING PLAN, THE ASPHALT PLAN, AND THE POWER LINE ISSUE, I THINK.

ONE THING I WANT TO STATE, FIRST OF ALL, I APPRECIATE BOTH THE APPLICANT AND THE HOMEOWNER'S ASSOCIATION WORKING WELL TOGETHER AND WORKING ON THIS.

IT SEEMS TO BE VERY COLLABORATIVE AND MAYBE THERE'S BEEN SOME THINGS THAT CHANGE AND SO FORTH, BUT THAT'S NOT UNUSUAL IN THESE THINGS, BUT I THINK [NOISE] WE'RE PRETTY CLOSE TO HAVE A PRETTY GOOD OPTION HERE AND I THINK WE CAN WORK THROUGH THE LAST COUPLE OF THINGS IN A 2-4 WEEK PERIOD.

HOW MUCH TIME WOULD YOU NEED, JOHN? FOUR WEEKS?

>> WELL, WE'RE GETTING IN THE HOLIDAYS AND WE [OVERLAPPING] ALL HAVE ONE MEETING IN DECEMBER, SO I'M LOOKING AT JANUARY.

>> FAIR ENOUGH.

>> [OVERLAPPING] BUT I WANT TO GET IT RIGHT, AND WE HAVE ONE OPPORTUNITY TO GET IT RIGHT.

YOU GUYS ARE WORKING WELL TOGETHER, I APPRECIATE IT.

NOW THESE LAST TWO, THREE THINGS DOWN.

IS THE COMMISSION IN AGREEMENT WITH THAT?

>> [OVERLAPPING] I COULDN'T VOTE ON THIS TONIGHT, BECAUSE THERE'S TOO MANY UNANSWERED QUESTIONS.

>> I HAVE ONE MORE QUESTION FOR THE APPLICANT.

THE QUESTION AROUND, ORNAMENTAL OR ROD IRON.

CAN YOU EXPLAIN WHY YOU WOULD CHOOSE ORNAMENTAL OVER ROD IRON? WHAT THAT MEANS?

>> SURE. WELL, WE THINK OF THE DOUBLE ROWS OF EVERGREENS.

THE AESTHETIC IS FINE.

THIS IS THE BACK OF AN ALLEY AND COST IS OBVIOUSLY A [NOISE] CONSIDERATION.

BUT WHEN WE ORIGINALLY, LOOKED AT THIS SITE AGAIN, WE WERE THINKING 400 OR 500 FEET OF LINEAR FENCE AND THAT EXPANDED TO 1,200 FEET OF LINEAR FENCE AND TWO ROWS OF EVERGREENS.

THE TREES ARE PROBABLY $80,000 AND $90,000 THEMSELVES.

THAT WAS THE DECISION.

I THINK IT'S GOING TO LOOK GOOD. I THINK IT'LL FUNCTION.

IF SOMEBODY KNOCKS IT DOWN, WE'LL PUT IT BACK UP.

[LAUGHTER] WE DON'T WANT TRAFFIC BACK THERE EITHER.

>> I THINK THAT MAKES SENSE, I APPRECIATE THAT.

>> SURE. [NOISE]

>> JOHN, IF WE DID TABLE THIS TONIGHT, DO YOU HAVE ENOUGH TO GO BACK AND WORK ON?

>> I'M GOING TO RECAP AND TRYING AND DEAL WITH THE LIGHTING IN HERE.

>> [OVERLAPPING] YEAH, IT'S DIFFERENT TONIGHT.

>> YEAH, SO IT IS.

TABLE THIS TO THE JANUARY 11TH MEETING, I THINK THAT'S THE TUESDAY IN JANUARY.

>> YEAH, 1,1,1.

>> [OVERLAPPING] WELL, LOOK AT THE LANDSCAPING IN THAT AREA.

I INTEND TO HAVE A MEETING,

[01:00:02]

WE HAVE THE HOMEOWNERS THERE AND SO WE'RE ALL IN ONE ROOM AND HAVING ONE CONVERSATION.

BUT LOOK AT THE LANDSCAPE PLAN, TALK ABOUT THE RED CEDARS.

I DO WANT TO GET AN ANSWER TO THAT.

ALL THE ROAD IS GOING TO GET [NOISE] TORN OUT AT ONE TIME, SO THAT HAS TO GET WORKED OUT.

THAT'S BASED ON THIS APPLICANT.

THAT'S GOING TO BE LA FITNESS, HAVE BEEN AT THE TABLE.

BECAUSE WHAT I DON'T WANT IS, IT'S AGREED, AND THEN WE'LL GET INTO THAT SITUATION OF, NO, WE DON'T WANT YOU ON OUR PROPERTY, TAKEN AT THAT ROAD.

[NOISE] THAT CAN HAPPEN.

TREES, YOU WANT A NEW SIGHT LINE THAT SHOWS AT EIGHT FEET SO THE HOMEOWNERS KNOW WHETHER GETTING INTO, AND THEN WE'RE LOOKING AT THE FENCING A LITTLE BIT.

BY THE EMAIL, I DIDN'T HAVE A CHANCE TO TALK TO BRIAN BEFORE THE MEETING TONIGHT, AND EXACTLY, WHAT IS THAT? THAT'S WHY I WANT EVERYBODY AT THE TABLE, SO WE CAN COME UP WITH A PLAN THAT HOPEFULLY SUITS EVERYBODY.

>> BUILDING MATERIALS, JOHN.

>> BUILDING MATERIALS.

EVEN THOUGH THEY'VE STATED THAT, HEY, THEY'RE GOING TO COMPLY.

>> [INAUDIBLE].

>> YOU KNOW WHAT THE STATE LEGISLATURE DID TO THE CITY IS NO GUARANTEE.

>> THERE WAS A QUESTION ABOUT THE BUILDING MATERIALS BEING NARROWLY FOCUSED ONLY ON THIS SUP, AND NOT APPLYING GENERALLY TO ANOTHER USE ON THE LAND, ANOTHER FUTURE USE.

>> THAT WAS THEIR PROPOSAL BACK.

THAT'S A CONVERSATION WE CAN HAVE WITH THE CITY ATTORNEY.

I'M GOING TO GO AND HAVE THAT DISCUSSION ON OPEN SETTING.

>> MAKE SURE THAT THAT'S AN OPEN QUESTION.

>> I'D LIKE FOR YOU ALL TO WORK THAT OUT BEFORE WE.

>> WE HAVE WORKED WELL.

>> [OVERLAPPING] [INAUDIBLE] THESE CONVERSATIONS, [OVERLAPPING] WE HAVE MORE TIME HERE VERSUS US GOING AND TALK ABOUT, WHEN WE DON'T USE OTHER COMPONENTS.

DO WE NEED TO OPEN THE PUBLIC HEARING TO CONTINUE IT OR CAN WE JUST?

>> [OVERLAPPING] YES, YOU DO WANT IF THAT'S YOUR DIRECTION.

>> [OVERLAPPING] DO I HAVE A MOTION ON PUBLIC HEARING?

>> [OVERLAPPING] YOU HAVE ONE MOTION?

>> WE'LL OPEN THE PUBLIC HEARING FIRST AND THEN.

>> [OVERLAPPING] MOTION BY COMMISSIONER KELLY. SECONDED BY COMMISSIONER [INAUDIBLE]. ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION CARRIES FIVE, ZERO.

PUBLIC HEARING IS NOW OPEN.

ANYONE WHO WANTS TO SPEAK AGAIN FOR OR AGAINST THE SIDE THIS EVENING? SEEING NONE. [NOISE].

>> TO CONTINUE TO PUBLIC HEARING AND TABLE THIS ITEM UNTIL THE JANUARY 11TH, 2022.

>> TO ME, YES.

>> MOTION BY COMMISSIONER KELLY.

>> SECOND.

>> SECOND BY COMMISSIONER MORGAN. ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION CARRIES FIVE, ZERO.

ITEM HAS BEEN TABLED, AND CONTINUED TO THE JANUARY 11TH, 2022 MEETING.

[NOISE] I DON'T THINK WE'RE FAR OFF THERE, FOLKS, BUT LET'S KNOW THAT ONE HERE PRETTY SOON.

ITEM 26, RESULTS OF THE NOVEMBER 16TH,

[26. Results of the November 16, 2021 City Council meeting.]

2021 CITY COUNCIL MEETING.

ANY COMMENTS ON MEETING MINUTES?

>> [OVERLAPPING] NO.

>> ITEM 27, SCHEDULE OF FUTURE DISCUSSION ITEMS. ANYTHING FOR STAFF?

[27. Schedule of future discussion items.]

>> HOPEFULLY NOT, WE GOT A LOT ON OUR PLATE.

>> SEEMS LIKE IT, [LAUGHTER] BUSY TIMES AND WE'VE GOT THE HOLIDAYS COMING UP.

>> WE HAD AN OPEN ITEM ABOUT PARKING.

ANY IDEA WHEN IN '22 THAT WOULD BE SLATED FOR?

>> WHEN YOU SAID ABOUT PARKING, IS IT LIKE PARKING REDUCTION.

>> PARKING REDUCTIONS.

>> I'M ACTUALLY INVOLVED WITH THE COGS, LOOKING AT A PARKING, AND I'VE GIVEN THEM MY [INAUDIBLE].

IT'S A CHALLENGING TASK AND THAT'S ALL I CAN SAY.

WELL, WE CAN DISCUSS LATER.

I'M GETTING OFF TOPIC HERE AND STARTING A DISCUSSION, BUT IT IS NOT AN EASY TOPIC.

>> UNDERSTOOD. [NOISE] THANK YOU.

>> THAT LEAVES US WITH ONE ITEM.

WE MIGHT HAVE A MOTION TO ADJOURN?

>> MOVED TO ADJOURN.

>> MOTION BY COMMISSIONER [INAUDIBLE].

>> SECOND.

>> SECOND BY COMMISSIONER [INAUDIBLE]. ALL THOSE IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION CARRIES FIVE, ZERO.

WE ARE ADJOURNED [NOISE] 7:34.

>> THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.