Jan 11, 2022 Frisco - Planning and Zoning Commission

THE ITEM IS REMOVED FROM THE TABLE.

MOTION PASSES FIVE ZERO.

OK, THANK YOU. THIS PROJECT WAS SUBMITTED ON NOVEMBER 15TH AND IT DID RECEIVE A 30 DAY EXTENSION AND WAS TABLED, WITH THE PUBLIC HEARING BEING CONTINUED.

THE PURPOSE OF THIS RE-PLAT IS TO ABANDON A PORTION OF AN HOA DRAINAGE AND FLOODWAY EASEMENT, AND YOU CAN SEE THAT ON THE PLAT IN THIS DARKER SHADED AREA.

AND OUR ENGINEERING DEPARTMENT HAS REVIEWED IT AND EVALUATED THE FEASIBILITY OF USING THAT AREA FOR IMPROVEMENTS AND FOUND THAT IT IS GOING TO BE SUFFICIENT TO OR ADEQUATE, AND THAT WE ARE IN SUPPORT OF REMOVING THAT EASEMENT AS SHOWN ON THE PLAT.

THEREFORE, WE RECOMMEND APPROVAL AS SUBMITTED AND IF YOU HAVE ANY QUESTIONS FOR ME, I'LL BE GLAD TO ANSWER THOSE.

[INAUDIBLE], SO BASICALLY IS ALLOWING IMPROVEMENTS, POTENTIAL IMPROVEMENTS TO BE BUILT ON THIS LOT? THAT IS CORRECT.

THE LOT IS CURRENTLY, THIS AREA THAT I'M HIGHLIGHTING, CAN BE IMPROVED ALREADY.

AND THEN THE SHADED AREA WAS A SETBACK BECAUSE IT WAS AN EASEMENT, SO IT FUNCTIONED AS KIND OF A REAR SETBACK.

SO, NOW IN THIS AREA, THERE WILL STILL BE A REAR SETBACK, BUT A GOOD PORTION OF IT WILL BE ABLE TO BE IMPROVED FOR LANDSCAPING OR WHATEVER THEY MIGHT WANT TO PUT [INAUDIBLE] YARD. QUESTIONS OF STAFF? WOULD THE APPLICANT LIKE [INAUDIBLE], IS THE APPLICANT HERE AND WOULD LIKE TO SPEAK THIS EVENING? [INAUDIBLE] HAVE NO COMMENT UNLESS YOU HAVE A QUESTION, [INAUDIBLE].

GREAT, SO THE APPLICANT SAID THAT SHE DOES NOT HAVE ANY COMMENTS AT THIS TIME, BUT WILLING TO TAKE QUESTIONS IF NEED BE.

GREAT. THIS IS A PUBLIC HEARING.

I HAVE A MOTION TO OPEN THE PUBLIC HEARING? MOVE TO OPEN PUBLIC HEARING.

I HAVE A MOTION FROM COMMISSIONER COLBERG.

SECOND. SECOND FROM COMMISSIONER KENDALL, ALL IN FAVOR.

WE ARE IN A PUBLIC HEARING.

MOTION PASSES FIVE ZERO.

IS THERE ANYONE HERE WHO'D LIKE TO SPEAK FOR OR AGAINST THIS ITEM? [INAUDIBLE] CLOSE THE PUBLIC HEARING.

A MOTION TO CLOSE THE PUBLIC HEARING FROM COMMISSIONER KELLY.

SECOND. SECOND COMMISSIONER CONE, ALL IN FAVOR.

AYE. OPPOSED? THE MOTION PASSES. FIVE ZERO PUBLIC HEARING IS CLOSED.

COMMISSIONERS, DO WE HAVE ANY QUESTIONS FOR STAFF OR THE APPLICANT? I HAVE A MOTION? MOVE TO APPROVE ITEM 31 AS PRESENTED BY STAFF.

A MOTION FROM COMMISSIONER KELLY TO APPROVE ITEM 31.

SECOND. SECOND FROM COMMISSIONER KENDALL, ALL IN FAVOR.

PUBLIC HEARING. REPLAT: THE POTTER'S HOUSE OF NORTH DALLAS, BLOCK A, LOT 1 (RP21-0048).

CONGRATS. ITEM 32.

[32. Public Hearing - Replat: The Potter's House of North Dallas, Block A, Lot 1 (RP21-0048)]

OWNERS, THE POTTER'S HOUSE OF NORTH DALLAS, INC.

. COMMISSIONERS, THIS ITEM WILL NEED TO BE REMOVED FROM THE TABLE.

HAVE A MOTION TO REMOVE THE ITEM FROM THE TABLE? SO MOVED. I HAVE A MOTION FROM COMMISSIONER COLBERG.

SECOND. SECOND FROM COMMISSIONER KELLY ALL IN FAVOR.

THE ITEM 32 IS REMOVED FROM THE TABLE.

COMMISSIONERS, THIS PROJECT WAS SUBMITTED IN NOVEMBER ON THE 15TH AND DID RECEIVE A 30 DAY EXTENSION AND STAFF HAS WORKED WITH THE ENGINEER TO GET MODIFICATIONS DONE.

HOWEVER, WE JUST WEREN'T ABLE TO GET EVERYTHING COMPLETED AND ADDRESSED PRIOR TO THIS MEETING. THEREFORE, WE ARE RECOMMENDING DISAPPROVAL WITH THE ITEMS LISTED IN THE STAFF REPORT TO BE ADDRESSED, AND WE ARE CONTINUING TO WORK WITH THE ENGINEER TO GET THIS BACK

[00:10:05]

BEFORE YOU AS A SEPARATE CASE.

AND SO WE RECOMMEND DISAPPROVAL FOR THE REASONS STATED IN THE STAFF REPORT.

IS THE APPLICANT HERE AND WOULD THEY LIKE TO SPEAK THIS EVENING? I DON'T SEE ANYONE SPEAK UP, I DON'T SEE THE APPLICANT.

AND COMMISSIONERS, DO WE HAVE ANY QUESTIONS FOR STAFF? MOTION TO OPEN PUBLIC HEARING.

A MOTION TO OPEN PUBLIC HEARING FROM COMMISSIONER KENDALL.

SECOND. SECOND FROM COMMISSIONER CONE ALL IN FAVOR.

THE MOTION PASSES FIVE ZERO.

WE ARE IN A PUBLIC HEARING. IS THERE ANYONE HERE WHO'D LIKE TO SPEAK FOR OR AGAINST ITEM 32? SEEING NONE, MOVE TO CLOSE PUBLIC HEARING.

HAVE A MOTION FROM COMMISSIONER CONE.

SECOND. SECOND FROM COMMISSIONER COLBERG, ALL IN FAVOR.

THE MOTION PASSES, FIVE ZERO.

ITEM 32, I'LL ASK AGAIN ANY QUESTIONS OR DO I HAVE A MOTION? [INAUDIBLE]. I MOVED TO DISAPPROVE ITEM NUMBER 32 FOR THE REASONS IDENTIFIED IN THE STAFF'S REPORT AND DELEGATE TO STAFF THE AUTHORITY TO PROVIDE A WRITTEN STATEMENT TO THE APPLICANT OF THE REASONS FOR THE DISAPPROVAL.

HAVE A MOTION TO DISAPPROVE FROM COMMISSIONER CONE.

SECOND. SECOND FROM COMMISSIONER KENDALL.

ALL IN FAVOR. AYE.

OPPOSED? THE MOTION PASSES FIVE ZERO.

ITEM 32 IS DISAPPROVED AS RECOMMENDED BY STAFF.

ITEM 33.

[33. Public Hearing - Replat: Silverleaf, Block A, Lots 1 & 2 (RP21-0054)]

PUBLIC HEARING, REPLAT: SILVERLEAF, BLOCK A, LOTS 1 & 2 (RP21-0054).

OWNER, SILVERLEAF TOWER, LP.

COMMISSIONERS, THE PURPOSE OF THIS RE-PLAT IS TO MODIFY A COMMON PROPERTY LINE BETWEEN LOTS ONE AND TWO.

THE BUILDER IS CURRENTLY IN POSSESSION OF THESE LOTS AND LIKE TO BUILD A LARGER HOME ON LOT TWO. WE ARE RECOMMENDING APPROVAL AS SUBMITTED.

GREAT, THANK YOU. IS THE APPLICANT HERE, AND WOULD HE OR SHE LIKE TO SPEAK THIS EVENING? I DON'T SEE THE APP, ANYBODY SPEAKING UP.

COMMISSIONERS, DO WE HAVE ANY QUESTIONS FOR STAFF? DO WE HAVE THE INFORMATION TO PULL UP THEIR? PERSON OR? HERE WE GO.

THANK YOU. OK.

SURE. SO YOU CAN SEE RIGHT HERE.

I DID NOT GET THAT ON THERE AT ALL, BUT IT'S GOING NORTH.

IT'S SHIFTING JUST A FEW FEET NORTH, THAT COMMON PROPERTY LINE.

SO, DO YOU HAVE ANY QUESTIONS? I HAVE A MOTION TO OPEN THE PUBLIC HEARING? SO MOVE. A MOTION FROM COMMISSIONER KELLY.

I HAVE A SECOND? SECOND.

SECOND FROM COMMISSIONER CONE ALL IN FAVOR.

WE ARE IN PUBLIC HEARING.

IS THERE ANYONE HERE WHO'D LIKE TO SPEAK FOR OR AGAINST ITEM 33? SEEING NONE, MOVE TO CLOSE PUBLIC HEARING.

HAVE A MOTION TO CLOSE THE PUBLIC HEARING FROM COMMISSIONER COLBERG.

SECOND. SECOND FROM COMMISSIONER CONE ALL IN FAVOR.

AYE. OPPOSED? MOTION PASSES FIVE ZERO.

COMMISSIONERS, ANY ADDITIONAL QUESTIONS FOR STAFF OR DO I HAVE A MOTION? MOVE TO APPROVE ITEM 33, AS RECOMMENDED BY STAFF.

HAVE A MOTION TO APPROVE ITEM 33 COMMISSIONER KELLY.

DO I HAVE A SECOND? SECOND. SECOND FROM COMMISSIONER COLBERG ALL IN FAVOR.

PUBLIC HEARING, REPLAT: VILLAS OF DOE CREEK, PHASE ONE, BLOCK D, LOT 16 (RP21-0055).

ITEM 34.

[34. Public Hearing - Replat: Villas of Doe Creek, Phase One, Block D, Lot 16 (RP21-0055)]

OWNER DOE CREEK VENTURES LLC.

COMMISSIONERS, THE APPLICANT IS THE DEVELOPER OF THE PROPERTY, AND THE DEVELOPER WOULD LIKE TO ENLARGE THE FOOTPRINT OF THE TOWNHOME ON THIS LOT.

RIGHT NOW, THERE IS A 15 FOOT BUILDING SET BACK.

THE ORDINANCE ALLOWS THE SETBACK TO BE FIVE FEET, AND THEY ARE JUST REQUESTING A REDUCTION TO SEVEN AND A HALF FEET.

AND WE ARE IN SUPPORT OF THIS MODIFICATION OF THE SETBACK ON THE NORTHERN SIDE OF THIS TOWNHOME LOT. GREAT, THANK YOU.

SO, THEY'RE LOOKING TO REDUCE THE SIDE LOT LINE, BUT IT'S STILL LARGER THAN WHAT THE ORDINANCE, THE MINIMUM IN THE ORDINANCE? THAT IS CORRECT. AND ON THE NORTH SIDE OF THIS LOT THAT THERE IS AN ALLEY AND NORTH OF THAT THERE'S OPEN SPACE.

THE APPLICANT HERE AND WHAT HE OR SHE LIKE TO SPEAK THIS EVENING? I DO NOT SEE THE APPLICANT.

COMMISSIONERS, ANY QUESTIONS OF STAFF? THIS IS A PUBLIC HEARING.

CAN I HAVE A MOTION TO OPEN? SO MOVED.

MOTION TO OPEN THE PUBLIC HEARING FROM COMMISSIONER CONE.

SECOND? SECOND. SECOND FROM COMMISSIONER KENDALL ALL IN FAVOR.

WE ARE IN PUBLIC HEARING.

IS THERE ANYONE HERE WHO'D LIKE TO SPEAK FOR OR AGAINST ITEM NUMBER 34?

[00:15:04]

SEEING NONE, MOVE TO CLOSE THE PUBLIC HEARING.

HAVE A MOTION TO CLOSE THE PUBLIC HEARING FROM COMMISSIONER KELLY.

SECOND. SECOND FROM COMMISSIONER COLBERG, ALL IN FAVOR.

AYE. OPPOSED? MOTION PASSES, FIVE ZERO.

COMMISSIONERS, ANY QUESTIONS OR CAN I HAVE A MOTION? MOVE TO APPROVE ITEM NUMBER 34, AS RECOMMENDED BY STAFF.

COMMISSIONER CONE MOVES TO APPROVE ITEM 34.

DO I HAVE A SECOND? SECOND.

SECOND FROM COMMISSIONER KENDALL ALL IN FAVOR.

AYE. OPPOSED? MOTION PASSES. FIVE ZERO.

[35. Public Hearing - Replat: Frisco Original Donation, Block 67, Lot 13 (RP21-0056)]

ITEM 35.

A PUBLIC HEARING, A REPLAT: FRISCO ORIGINAL DONATION, BLOCK 67, LOT 13 (RP21-0056).

OWNERS, PAUL AND LEAH KNIPPEL.

YES. COMMISSIONERS, THIS PROPERTY IS IN THE DOWNTOWN AND AS SOMETIMES OCCURS, THERE ARE SEVERAL PROPERTIES THAT SOMETIMES ARE COMBINED AS ONE TRACT OR BUILT UPON.

THIS IS THE CASE FOR THIS-- [INAUDIBLE] WAS THREE DIFFERENT LOTS.

IT HAS ALREADY BEEN DEVELOPED AND IN ORDER TO MAKE ANY IMPROVEMENTS ON THE LOT, IT NEEDS TO BE REPLATED AS ONE PIECE OF PROPERTY.

SO HERE IS THE PLAT THAT SHOWS THE NEW BOUNDARY LINE BEING THE EXTERNAL BOUNDARY LINE OF ALL THREE TRACKS, AND THOSE INTERNAL LINES WILL BE ABANDONED WITH THIS PLAT.

SO, WE ARE RECOMMENDING APPROVAL.

AND IF YOU HAVE ANY QUESTIONS, PLEASE LET ME KNOW.

SO LOT 13 CURRENTLY CONSIST OF MULTIPLE LOTS AND JUST LOOKING TO COMBINE IT INTO ONE? THAT'S CORRECT. OK.

YES. ANY QUESTIONS OF STAFF? IS THE APPLICANT HERE, AND HE OR SHE WOULD LIKE TO SPEAK? I DON'T SEE THEM. I DON'T SEE THE APPLICANT.

THIS IS A PUBLIC HEARING, CAN I HAVE A MOTION TO OPEN THE PUBLIC HEARING? SO MOVED. [INAUDIBLE] HAVE A MOTION FOR COMMISSIONER COLBERG, A SECOND FOR COMMISSIONER KELLY, ALL IN FAVOR. AYE.

OPPOSED? THE MOTION PASSES FIVE ZERO.

WE ARE IN PUBLIC HEARING. IS THERE ANYONE HERE WHO'D LIKE TO SPEAK FOR OR AGAINST ITEM 35? SEEING NONE, MOVE TO CLOSE THE PUBLIC HEARING.

MOTION FROM COMMISSIONER CONE.

SECOND. SECOND FROM COMMISSIONER KENDALL ALL IN FAVOR.

AYE. OPPOSED? MOTION PASSES. FIVE ZERO PUBLIC HEARING IS CLOSED.

ITEM 35, ANY LAST QUESTIONS FOR STAFF OR CAN I HAVE A MOTION? MOVE TO APPROVE ITEM NUMBER 35, AS SUBMITTED BY STAFF.

HAVE A MOTION TO APPROVE ITEM 35 FROM COMMISSIONER COLBERG.

SECOND. SECOND FROM COMMISSIONER KELLY, ALL IN FAVOR.

AYE. OPPOSED? THE MOTION PASSES.

FIVE ZERO. KIRSTEN, SHOULD WE TAKE A BREATH? [LAUGHTER] ALL RIGHT, JUST CHECKING.

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

ALL RIGHT. ITEM 36.

PUBLIC HEARING, SPECIFIC USE PERMIT: CUSTER BRIDGES, BLOCK A, LOT 8R (SUP21-0009).

DARN IT, I THOUGHT IT'D BE 0007.

IT'D BE MORE FUN, [LAUGHTER] BUT THIS IS 0009.

OWNER, CUSTER ROAD COMMONS LTD.

THANK YOU. THIS ITEM MUST BE REMOVED FROM THE TABLE.

A MOTION TO REMOVE ITEM 36 FROM THE TABLE? SO MOVED. MOTION FROM COMMISSIONER COLBERG.

SECOND. SECOND COMMISSIONER CONE ALL IN FAVOR.

AYE. OPPOSED? MOTION PASSES FIVE ZERO.

THIS MOTION IS REMOVED FROM THE TABLE.

THANK YOU. THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM AT THEIR NOV.

22ND MEETING.

DURING THAT MEETING, THE HOA MEMBERS EXPRESSED SEVERAL CONCERNS REGARDING THE TYPE OF TREES THAT WERE BEING PLANTED ALONG UNDERNEATH THE POWER LINE.

THE CUT THROUGH TRAFFIC THAT IS CURRENTLY GOING THROUGH THE NEIGHBORHOOD IN THIS LOCATION HERE, YOU CAN-- RIGHT IN HERE.

[INAUDIBLE] SEE.

YEAH. THERE.

THEY WANTED TO ENSURE THAT OTHERS COULD BE PREVENTED FROM USING THAT AREA FOR OFF-ROADING.

ONCE THE SITE IS DEVELOPED AND THE COMMISSION EXPRESSED CONCERNS REGARDING THE TYPE OF FENCING ALONG THE NORTHERN PROPERTY LINE, AS WELL AS THE HEIGHT OF THE TREES THAT ARE PROPOSED TO BE PLANTED, WHAT THEIR HEIGHT WOULD BE AT FULL GROWTH.

SO. WITH REGARDS TO THE TREES, THE APPLICANT REPLACED THE EASTERN RED CEDAR ELMS WITH EAGLESTON HOLLY TREES.

THE EAGLESTON HOLLY TREES WILL REACH A HEIGHT OF BETWEEN 20 AND 25 FEET AT FULL GROWTH.

[00:20:05]

THIS IS THE TREE THAT WAS RECOMMENDED BY THE HOA.

REGARDING CUT THROUGH TRAFFIC, THE LOCATION OF THE CITY EASEMENT ON THE PAVED AREA AND REGARDING-- LET ME REPHRASE THAT, REGARDING CUT THROUGH TRAFFIC ALONG THE TEMPORARY DRIVEWAY, THERE WAS CONCERN ABOUT WHEN THE PAVEMENT WOULD BE REMOVED AND WHETHER IT WOULD BE REMOVED. THERE IS A CITY EASEMENT THAT IS ON THE PAVEMENT.

THIS ENABLES THE CITY TO REQUIRE THE APPLICANT TO REMOVE ALL OF THE PAVEMENT, EVEN THAT ON THE L.A. FITNESS SITE BECAUSE IT IS ALSO INCLUDED IN THE EASEMENT PRIOR TO THE ISSUANCE OF A CL.

PREVENTING OTHERS FROM USING THE ABANDONED ROAD SITE FOR OFF ROADING USES.

LET'S SEE HERE. I WENT BACKWARDS INSTEAD FORWARDS.

I'M SORRY. IT'S THE TRICK BUTTON.

HERE.

THERE-- OH, THERE I AM.

OK. IN RESPONSE TO KEEPING-- PREVENTING THE OFF-ROADING ON THE SITE, THE APPLICANT IS PROPOSING TO PUT A LOCKED GATE AT THE ENTRANCE ALONG CUSTER ROAD, IT WILL HAVE A FOUR FOOT WIDE OPENING WITH A GATE LOCKED BY A KNOX BOX, WHICH WILL ENABLE THE FIRE DEPARTMENT TO ACCESS THE SITE IF NEED BE.

THERE IS A-- THANK YOU.

[LAUGHTER] THERE IS ALSO A GATE LOCATED-- LET'S SEE IF THIS WILL WORK THIS TIME. IN THIS AREA RIGHT HERE, THIS AREA PREVIOUSLY WAS OPEN AND THERE WAS NO FENCING IN THERE. THE AREA IS ENTIRELY FENCED NOW AND THERE IS ANOTHER GATE, A SECOND GATE AT THIS ENTRANCE LOCATION AS WELL TO ENABLE EMS ACCESS IN CASE SOMEBODY GETS IN THERE AND GETS HURT FURTHER UP.

THE TYPE OF FENCING PROPOSED ALONG THE NORTHERN BOUNDARY.

IT WAS-- THERE WAS A QUESTION ABOUT WHETHER OR NOT IT WAS WROUGHT IRON OR IF IT WAS METAL, AS LABELED ON THE LANDSCAPE EXHIBIT.

AND IT IS WROUGHT IRON.

ORNAMENTAL, I'M SORRY, ORNAMENTAL.

IT IS ORNAMENTAL, AND IT WILL BE RUNNING ALONG THE NORTHERN BOUNDARY AND ALONG THE OTHER SIDE OF THE ACCESS WAY THAT IS BEING ABANDONED.

THE HEIGHT OF THE TREES PROPOSED TO BE PLANTED ALONG THE NORTHERN BOUNDARY AT FULL GROWTH THEY WILL REACH TWENTY FIVE FEET, TWENTY TO TWENTY FIVE FEET.

THIS TOP LINE RIGHT HERE.

THAT SHOWS THE VIEW LINE AT FULL GROWTH FROM THE SECOND STORY AND THE SECOND LINE UNDERNEATH IT SHOWS THE VIEW LINE FROM STANDING IN THE BACKYARD AT FULL GROWTH.

THE RV PARKING AND THE DOCK DOORS, THE OVERHEAD DOORS, WILL NOT BE VISIBLE ONCE THE TREES ARE AT FULL GROWTH.

THE ONLY THING THAT WILL BE VISIBLE IS THE TOP PORTION OF THE BUILDING.

THE PLANS THAT WE-- ARE ATTACHED TO YOUR PACKET REFLECT ALL THESE CHANGES AND STAFF RECOMMENDS APPROVAL AS PRESENTED.

I'LL STAND FOR ANY QUESTIONS YOU MIGHT HAVE.

YEAH, THANK YOU FOR THAT.

A LOT GOING ON HERE.

YEAH, I KNOW.

[INAUDIBLE] LOT OF QUESTIONS.

SO, I KNOW WE HAD A HOST OF QUESTIONS BEFORE.

YOU GUYS WANT TO ASK-- YOU HAVE ANY QUESTIONS ASKED NOW OR SHOULD WE GO AND ASK TO SEE IF THE APPLICANT WANTS TO SPEAK? WHAT WOULD YOU PREFER? APPLICANT FIRST.

RIGHT NOW? OK.

IS THE APPLICANT HERE AND WHICH HE OR SHE LIKED TO SPEAK? YES, [INAUDIBLE] HERE.

I CAN SPEAK BRIEFLY [INAUDIBLE] QUESTION.

DO YOU WANT TO COME ON UP? THANK YOU. IF YOU CAN INTRODUCE YOURSELF NAME AND ADDRESS FOR THE RECORD, PLEASE.

AND FILL OUT A SPEAKER'S CARD.

[00:25:01]

HI, MY NAME IS LUIS CASTELLANOS, I LIVE AT 4100 AMHERST AVENUE, DALLAS, TEXAS 75225.

I REPRESENT HINES, THE DEVELOPER, FOR THIS PROJECT.

JUST BRIEFLY, I JUST WANTED TO APPRECIATE YOUR TIME AND SAY THANKS TO THE STAFF, THE COMMERCIAL AND-- RECORDED. THANK YOU. SURE, AND SAY THANK YOU TO THE STAFF AND COMMERCIAL NEIGHBORS THAT WE'VE BEEN WORKING WITH. THERE'S A LOT OF PIECES TO THIS PUZZLE.

WE'VE GOT THE WATER PLANT TO THE WEST AND MULTIPLE CONCERNS.

SO, WE'VE BEEN WORKING WITH THEM FOR THE LAST YEAR AND I THINK WE'VE GOT MOST OF THESE PIECES OF THE PUZZLE SOLVED.

AND I THINK EVIDENCED BY A LACK OF NEIGHBORS HERE SINCE THEY WERE HERE LAST TIME, YOU KNOW, WE HAD SEVERAL MEETINGS WITH THEM OFFLINE AND KIND OF WORKED EVERYTHING OUT.

SO, WITH THAT, I'LL KIND OF PAUSE AND I'M HERE TO ANSWER ANY SPECIFIC QUESTIONS ABOUT THE PROJECT. I APPRECIATE IT.

SO, YOU DID MEET WITH THE NEIGHBORS SINCE THE LAST PLANNING AND ZONING COMMISSION MEETING ? WE DID. WE MET WITH THE HOA AND CITY STAFF.

IN PERSON OR? IN PERSON. OK, THANK YOU.

YES, SIR. OTHER QUESTIONS? SO, YOU'RE AGREEABLE TO THE TERMS AND CONDITIONS THAT HAVE BEEN OUTLINED HERE? YES. OK.

AND THE TREE HEIGHT-- [INAUDIBLE] ONE OF THE QUESTIONS I HAD WHEN BACK IN NOVEMBER WAS THE TREE HEIGHT AT PLANTING.

AND IT LOOKED LIKE TREE HEIGHT WAS EIGHT FOOT AT PLANTING, BUT THAT SEEMED A LITTLE HIGH.

DID-- I JUST WANT TO UNDERSTAND IT.

DID I MISREAD THAT? I THINK WHEN WE CAME IN, IT WAS SIX FEET AND YOU'D REQUESTED US TO REDO THE VISION LINE AT EIGHT, AND I BELIEVE IT IS AT EIGHT THERE BECAUSE FULL GROWTH, AND CORRECT ME IF I'M WRONG-- SO, WE'LL GO IN AT EIGHT FEET, WHICH SHOULD BE SUFFICIENT FOR SCREENING AT THE TIME OF PLANTING. OK.

AND YOU'RE AGREEABLE TO THAT? IT WAS EIGHT FEET LAST TIME AS WELL.

THAT IS REQUIRED FOR THIS TYPE OF LANDSCAPE BUFFER IS EIGHT FEET AT A TIME OF PLANTING.

OK, THANK YOU.

I KNOW, THERE WERE SOME BUILDING MATERIAL QUESTIONS THAT COMMISSIONERS HAD IN THE PAST, HAVE THOSE BEEN SATISFIED? YEAH. ANY OTHER QUESTIONS OF STAFF OR--? I HAD A QUESTION FOR STAFF.

THE FENCE THAT YOU-- THE GATE THAT YOU SPOKE OF, I THOUGHT I HEARD YOU SAY IT WAS BE A FOUR FOOT WIDE GATE? YES, THE GATE IS FOUR FEET.

I DON'T KNOW IF A FIRE TRUCK CAN GET THROUGH A FOUR FOOT WIDE GATE.

ACTUALLY, THE FIRE DEPARTMENT REQUESTED THE FOUR FOOT WIDE GATE.

REALLY? AND THEY MY UNDERSTANDING IS THEY WOULD BE WALKING UP THERE BECAUSE I DON'T THINK THAT THE TRUCK WOULD FIT UP THERE, EITHER.

[INAUDIBLE] WELL, LET ME INTERJECT MYSELF IN THIS.

THIS IS ONLY MEANT FOR PEDESTRIAN ACCESS IS NOT MEANT FOR A FIRE TRUCK TO GO INTO THIS AREA. SO, IF SOMEBODY DOES GET BACK THERE, EITHER POLICE NEEDS TO GET THEM OUT OR SOMETHING DOES HAPPEN, THEN THE FIRST RESPONDERS HAVE A WAY TO GET IN, BUT IT'S NOT MEANT TO BE SERVICE FOR A FIRE TRUCK OR AMBULANCE.

THE CUSTER ROAD FENCE, RIGHT? YEAH. OK, THANKS.

I THINK FIRE-- YES. FROM THE SOUTH.

KEEPING IT FOUR FEET, IT GIVES FIRE A REASON TO REQUEST A GOLF CART [INAUDIBLE].

[LAUGHTER] [INAUDIBLE] GOT HIM SMILE.

BUT THIS WON'T JUSTIFY THAT GOLF CART THAT YOU GUYS WANTED.

[INAUDIBLE] USE THE OTHER ACCESS. SO, OUTSIDE OF THAT COMMENT, WHICH IS NOT GERMANE TO THIS CASE, ARE THERE OTHER QUESTIONS? I'M GOOD. AND-- JOEL, FROM A TRAFFIC PERSPECTIVE-- PEDESTRIAN TRAFFIC? [INAUDIBLE] VEHICULAR. WELL, THERE WERE-- THANK YOU.

HAPPY NEW YEAR. HAPPY NEW YEAR.

THERE WERE MULTIPLE ITEMS WE TALKED ABOUT IN NOVEMBER AROUND VEHICULAR TRAFFIC CIRCULATION IN THIS AREA.

JUST, DO YOU HAVE AN OPPORTUNITY JUST TO DRAW WHAT THAT LOOKS LIKE BECAUSE THERE WAS SOME CONFUSION AROUND THE LIGHT AND HOW THAT ALLOWS ACCESS TO THE OVERALL COMMERCIAL PROPERTY? OK. I THINK THIS IS PROBABLY THE BEST EXHIBIT.

SO, FIRST OF ALL, TO ANSWER YOUR QUESTION ABOUT THE GATE REAL QUICK IS THE ROAD WE'RE TALKING ABOUT THIS ROAD WOULD BE REMOVED.

SO, THERE'D BE NOWHERE FOR THE FIRE TRUCK TO DRIVE.

THE GATE WOULDN'T BE BLOCKING ANY ROAD BECAUSE THAT ACCESS ROAD THAT USED TO BE THE ONLY THING OUT THERE THAT WENT BACK TO OUR WATER TANKS IS BEING REMOVED.

AND SO THE GATE IS TO A GRASSY AREA IN CASE SOMEBODY HAS TROUBLE BACK THERE AND THEY NEED TO GET BACK THERE. SO THAT'S THAT.

THE TRAFFIC SIGNAL IS HERE.

OOPS. TRAFFIC SIGNAL IS HERE, AND SO THAT PROVIDES ACCESS TO THE WAL-MART AND TO THE

[00:30:07]

LIFETIME FITNESS AND AS WELL AS TO THE STORAGE FACILITY.

AND YOU KNOW, THERE'S FIRE LANES WILL CIRCULATE AROUND IT AND SO FORTH.

DO YOU HAVE A SPECIFIC QUESTION ABOUT? [INAUDIBLE] I THINK YOU ANSWERED IT BY DRAWING THAT OUT BECAUSE THERE WAS CONFUSION AROUND HOW THE LIGHT INTERACTED AND SUCH SO THAT'S HELP-- ITS BASIC CIRCULATION? YES. YEAH.

THIS BUILDING WILL HAVE THE TYPICAL CIRCULATION WE REQUIRE OF ALL DEVELOPMENTS.

ANY OTHER QUESTIONS FOR TRAFFIC? THANK YOU, JOEL. ANY OTHER QUESTIONS OR THIS IS A PUBLIC HEARING? IF NOT, CAN I HAVE A MOTION [INAUDIBLE] PUBLIC HEARING.

MOVE TO OPEN THE PUBLIC HEARING.

I HAVE A MOTION TO OPEN THE PUBLIC HEARING FROM COMMISSIONER CONE.

DO I HAVE A SECOND? SECOND. SECOND FROM COMMISSIONER KENDALL, ALL IN FAVOR.

WE ARE IN PUBLIC HEARING ON ITEM 36.

IS THERE ANYONE HERE WHO'D LIKE TO SPEAK FOR OR AGAINST THIS ITEM? SEEING NONE, MOVE TO CLOSE PUBLIC HEARING.

HAVE A MOTION TO CLOSE A PUBLIC HEARING FROM COMMISSIONER COLBERG.

SECOND. SECOND, COMMISSIONER KELLY.

ALL IN FAVOR. AYE.

OPPOSED? MOTION PASSES FIVE ZERO.

ARE THERE ANY OTHER QUESTIONS FOR STAFF, FOR THE APPLICANT OR CAN I HAVE A MOTION? MOVE TO APPROVE ITEM 36 AS RECOMMENDED BY STAFF.

HAVE A MOTION TO APPROVE ITEM 36 FROM COMMISSIONER KENDALL.

SECOND. SECOND COMMISSIONER CONE, ALL IN FAVOR.

AYE.

OPPOSED? THE MOTION PASSES. FIVE ZERO.

ITEM 36 IS APPROVED.

THANK YOU FOR WORKING WITH STAFF.

THANK YOU STAFF FOR YOUR WORK ON THIS AS WELL.

YES, THANK YOU FOR EVERYONE WHO RESOLVED ALL THOSE ISSUES.

WE APPRECIATE IT. ITEM 37.

[37. Public Hearing - Sign Variance: Park 25 (CFR), Block C, Lot 6 (V21-0006)]

PUBLIC HEARING, SIGN VARIANCE: PARK 25 (CFR), BLOCK C, LOT 6 (V21-0006).

OWNER, STAR BUSINESS PARK, AMZ LLC.

PHILLIP? GOOD EVENING CHAIR AND COMMISSION.

TONIGHT, THE APPLICANT IS REQUESTING A SIGNED VARIANCE IN SECTION 70.17I, INSTRUCTIONAL/INFORMATIONAL SIGN.

SO IN REVIEWING THIS SIGN, STAFF HAD MADE THE DETERMINATION THAT IT ACTUALLY WASN'T EVEN A INSTRUCTIONAL/INFORMATIONAL SIGN.

IT'S ACTUALLY CLOSER TO A MONUMENT SIGN.

BUT IN REVIEWING THIS APPLICATION TONIGHT, I WOULD LIKE FOR YOU NOT TO GET HUNG UP SO MUCH ON THE DEFINITION OF A SIGN OR TRYING TO DEFINE IT AS ONE SIGN OR THE OTHER, BUT MORE I'M GOING TO PROVIDE YOU WITH THE FACTS OF WHAT THEY'RE PROPOSING AND PROVIDE YOU WITH THE FACTS OF EACH TYPE OF SIGN, AND YOU CAN MAKE YOUR OWN DETERMINATION.

OK? SO THE SIGN AS PROPOSED.

IT'S LOCATED HERE, I CAN'T BELIEVE I DON'T HAVE ARROWS ON THIS ONE.

THAT'S THE SIGN, AS IT PROPOSED, THE SIGN IS PROPOSED IS EIGHT FEET IN HEIGHT, 20 FEET IN AREA AND LOCATED AT THE INTERSECTION OF THE RIGHT OF WAY AND INTERNALLY LOCATED AT OTHER LOCATIONS. THE MANNER, IT'S A POST AND PANEL SIGN, MEANING THAT IT HAS A 20 FOOT AREA OF SIGN THAT'S SUSPENDED BY POST INTO THE GROUND.

THE SIGN DOES HAVE SIGNED COMMERCIAL COPY AREA, MEANING IT HAS SOME TYPE OF ADVERTISEMENT LOCATED ON THE SIGN.

INSTRUCTIONAL/INFORMATIONAL SIGN, AS THEY HAVE REQUESTED, IS VERY-- THERE'S VERY LITTLE LIMITATIONS FOR THOSE TYPE OF SIGNS.

THOSE SIGNS ARE LIKE NO SWIMMING ALLIGATORS.

OK, I GOT A LITTLE SMILE THERE.

THE HEIGHT OF AN INFORMATIONAL/INSTRUCTIONAL SIGN IS NOT REGULATED.

THE AREA IS LIMITED TO 16 SQUARE FEET.

THE LOCATION HAS NO REGULATIONS.

THE MANOR HAS NO REGULATIONS, ALTHOUGH IT'S NOT ALLOWED TO HAVE ANY SIGN COPY [INAUDIBLE] COMMERCIAL SIGN ADVERTISEMENT.

THE INTERNAL MONUMENT SIGN AS WE THINK IT'S CLOSER TO, BUT YOU DON'T HAVE TO PROVIDE A DEFINITION TO IT, IS LIMITED TO 30 INCHES IN HEIGHT, AN AREA OF SIX SQUARE FEET, MUST BE LOCATED BEHIND THE FRONT BUILDING LINE.

THE MANOR IS GROUND MOUNTED WITH THE BASE, AND THE SIGN COPY OF COMMERCIAL SIGN ADVERTISEMENT IS NOT LIMITED.

SO, THE SIGN ON YOUR LEFT HAND SIGN THERE WOULD BE CLOSER TO THE SIZE OF A INTERNAL MONUMENT SIGN AND ONCE AGAIN, IF IT WAS AN INSTRUCTIONAL/INFORMATIONAL SIGN THAN IT WOULD BE LIMITED TO 16 SQUARE FEET.

SO, THE SIGN AS PROPOSED, IS FOUR FEET BIGGER THAN WHAT'S PROPOSED FOR AN INSTRUCTIONAL/INFORMATIONAL SIGN, BUT IT'S 14 SQUARE FEET LARGER THAN AN INTERNAL MONUMENT SIGN. SO, THE SIGN ORDINANCE STATES THE PLANNING AND ZONING COMMISSION SHALL DETERMINED THAT A REQUEST MEETS THREE OF THE FOUR FOLLOWING CRITERIA.

[00:35:01]

NUMBER ONE, PROPOSED SIGN SHALL NOT ADVERSELY IMPACT THE ADJACENT PROPERTY VISIBILITY, SIZE AND THE LIKE.

THE FIVE SIGNS ARE INTERNAL TO THE PROPERTY AND ADJACENT TO THE PUBLIC WAY, SIGNS ADJACENT TO THE PUBLIC WHERE PROPOSED BETWEEN THE SIDEWALK AND THE STREET CURB, AS INDICATED IN MY-- THIS IS MY PHOTO HERE.

I CREATED THIS. THE PROPOSED LOCATION APPEARS TO BE WITHIN THE PUBLIC WAY DEDICATION AND WILL CAUSE IMPEDANCE TO PEDESTRIANS AND OBSTRUCT SIGHTLINES.

NUMBER TWO, THE PROPOSED SIGN WILL BE OF UNIQUE DESIGN OR CONFIGURATION.

STAFF DOES NOT BELIEVE THE SIGN IS OF A UNIQUE DESIGN OR CONFIGURATION.

THE SPECIAL EXCEPTION IS NEEDED DUE TO RESTRICTED AREA TOPOGRAPHY, SHAPE OR PHYSICAL FEATURE THAT IS UNIQUE TO THE PROPERTY.

STAFF'S COMMENT, IS THE AMAZON DELIVERY STATION IS A PART OF A HIGH TRAFFIC LAST MILE SUPPLY CHAIN. VEHICULAR TRAFFIC TRAVERSING THIS LARGE AREA WOULD BENEFIT FROM INTERNAL DEVELOPMENT WAYFINDING SIGNS.

NUMBER FOUR, THE SPECIAL EXCEPTION SUBSTANTIALLY IMPROVES THE PUBLIC CONVENIENCE AND WELFARE. STAFF'S COMMENT, DUE TO THE LARGE NUMBER OF UNFAMILIAR DELIVERY DRIVERS, VISITORS AND ADDITIONAL SIGN AREA AND HEIGHT IS WARRANTED.

THE SIGN ADJACENT TO THE PUBLIC WAY, AS PROPOSED, ARE NOT SUFFICIENTLY SET BACK FROM THE [INAUDIBLE] AND WOULD ADVERSELY IMPACT THE VEHICULAR TRAFFIC.

SO, RECOMMENDATION.

THERE'S TWO PARTS HERE. THE FIRST PART IS STAFF IS SAYING, AS PROPOSED, THE SIGN ONLY MEETS TWO OF THE FOUR CRITERIA AND STAFF RECOMMENDS DENIAL FOR APPROVAL.

ON THE SECOND PART, STAFF SUPPORTS A VARIANCE WITH THE CONDITION THAT THE SIGNS BE PLACED ON THE INTERIOR SIDE OF THE PUBLIC WALKWAY AND ARE NOT PLACED IN ANY EASEMENTS, INCLUDING PUBLIC WAY DEDICATIONS, THE SIGNS SHOULD ALSO BE REMOVED AT THE CURRENT TENANT CEASES OPERATION FOR A PERIOD OF MORE THAN ONE HUNDRED AND EIGHTY DAYS.

SO, WE CAN SUPPORT IT IF THEY MOVE THESE SIGNS BACK OUT OF THAT PUBLIC WAY.

ALSO, WE CAN SUPPORT IT WITH THE CONDITION THAT IF AMAZON MOVES OUT AND A TENANT THAT'S JUST A GENERAL DELIVERY TENANT WOULD NOT CONTINUE TO RECEIVE THIS VARIANCE INTO PERPETUITY. I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

I DO BELIEVE THE APPLICANTS HERE TONIGHT TO SPEAK.

YEAH, PHILLIP, I APPRECIATE IT AND THANK YOU FOR HEARING THAT WE WERE VERY VISUAL GROUP.

YOUR COMMENT AROUND THAT YOU COULD SUPPORT IT IF THE SIGNS ARE PLACED ON THE INTERIOR SIDE OF THE SIDEWALK.

AM I INTERPRETING CORRECTLY THAT THE PICTURE IN FRONT OF US, THE SIGN ON THE RIGHT SIDE IS ON THE INTERIOR SIDE OF THE SIDEWALK AND THE SIGN CLOSEST TO US ON THE LEFT OF THE PICTURE IS ON THE INCORRECT SIDE OF THE SIDEWALK, PER YOUR COMMENT? CORRECT. THE MORE IMPORTANT PICTURE, THOUGH, IS THAT THEY'RE OUTSIDE OF THE PUBLIC WAY DEDICATION. SO THESE ARE NOT-- IT'S NOT A RIGHT OF WAY SO MUCH AS IT IS AN EASEMENT FOR STREET BECAUSE THERE PUBLIC WAYS.

SO, THAT DEPICTION SHOWED THE SIGN ON THE INSIDE OF THE SIDEWALK ON THE NORTH HALF, BUT NOT THE SOUTH HALF, BUT THE RIGHT OF WAY IS NOT THE SAME.

IT'S A VARIABLE DIMENSION THROUGH THERE.

SO, THAT SIGN ON YOUR LEFT HAND SIGN IS ABOUT HALFWAY THE DISTANCE OFF THE CENTERLINE OF THE STREET THAT IT NEEDS TO GO BACK.

SO THERE'S A 60 FOOT EASEMENT THERE AND IT'S ONLY ABOUT 15 FOOT OFF THE CENTER LINE, SO IT NEEDS TO GO BACK ANOTHER 15 FEET.

THE OTHER ONE ON THE NORTH HALF, JUST DEPENDING ON WHERE THE RIGHT OF-- WHERE THE STREET EASEMENT IS THERE, IT MAY NEED TO MOVE DOWN, SHIFT DOWN AND AROUND JUST TO GET OUT THE PUBLIC STREET EASEMENT, THE PUBLIC WAY.

I'M NOT EVEN SURE THERE'S ROOM RIGHT THERE FOR IT TO GET OUT.

YEAH, ONE QUESTION FOR YOU.

ONE OF THE RECOMMENDATIONS YOU MADE WAS THAT IF THE TENANT WERE TO CEASE OPERATIONS FOR MORE THAN SIX MONTHS, THAT THE SIGN SHOULD BE REMOVED.

JUST FOR THE PUBLIC RECORD CAN YOU TELL US WHAT A NEW TENANT WOULD HAVE TO DO IF THEY WANTED TO KEEP THE SIGNS IN PLACE? MAYBE PUT A NEW NAME ON THEM, BUT KEEP THE--.

THEY WOULD NEED TO SEEK ANOTHER VARIANCE.

OK. YES.

PERFECT. I STILL NEED SOME CLARIFICATION HERE, PHILLIP.

[LAUGHTER] THE SIGN WITH THE RED ARROW POINTING TO IT.

YOU'RE SAYING THAT THIS NEEDS TO BE PUT ON THE OTHER SIDE OF THE SIDEWALK? IT NEEDS TO BE MOVED CLOSER BACK TOWARDS THE BUILDING? AT MINIMUM.

15 FEET. BUT-- SO THAT'S MOVE BACK 15 FEET, WILL IT BE EFFECTIVE AND THIS OTHER ISSUE ABOUT DRIVERS NOT BEING ABLE TO FIND THEIR WAY AND EVERYTHING? DO YOU BELIEVE THAT IF IT WILL PUT BACK 15 FEET, THAT IT WOULD STILL BE EFFECTIVE? I WOULD REALLY ASK FOR THE APPLICANT TO ANSWER THAT QUESTION.

THEY WOULD BE THE BEST PERSON TO SAY IF THEIR STRATEGY IS EFFECTIVE.

[00:40:04]

HAVE YOU TALKED TO THE APPLICANT ABOUT YOUR PROPOSAL? I HAVE SPOKE WITH THEM ABOUT THE STAFF REPORT, BUT I HAVE NOT SPOKE WITH THEM ABOUT, HEY, CAN YOU MOVE THIS BACK HERE OR CAN YOU CHANGE SOMETHING.

I'VE TAKEN THEIR REQUEST ON FACE VALUE AND MAKING COMMENTS ON THE FACTS.

OK. I'VE GOT A SIMILAR QUESTION, BUT I'LL HEAR FROM THE APPLICANT FIRST IF THEY WANT TO [INAUDIBLE]. THE APPLICANT TO HERE AND WOULD HE OR SHE LIKED TO SPEAK THIS EVENING? GREAT, IF YOU CAN STATE YOUR NAME AND ADDRESS FOR THE RECORD AND FILL OUT A BLUE SPEAKER CARD. THANK YOU.

JUST [INAUDIBLE].

OK, GREAT, THANK YOU.

MY NAME IS CAROLYN KOCH.

ADDRESS IS 6160 WARREN PARKWAY, FRISCO, TEXAS 75034.

I'M WITH KIMLEY-HORN, WE'RE THE CIVIL ENGINEER FOR AMAZON AND REPRESENTING THE APPLICANT . WE DO SUPPORT-- WE DID DISCUSS THE STAFF REPORT WITH PHILLIP TODAY AND WE ARE IN SUPPORT OF THE CONDITIONS STATED IN THE STAFF REPORT TO MOVE THE SIGNS TO BE OUT OF ANY EASEMENTS. THE REASON FOR THE ADDITIONAL SIGN SIZE IS DUE TO ALL OF THE DIFFERENT USES THAT AMAZON DOES HAVE.

AS YOU CAN SEE ON THAT VISUAL.

THEY DO HAVE FIVE OR SIX DIFFERENT WAYS THAT A DRIVER COULD-- THE DRIVER COULD NAVIGATE THE SITE, AND THEY ALSO WANT TO MAKE SURE THAT THE TEXT SIZE IS READABLE AS A DRIVER IS COMING INTO THE SITE.

SO, THAT'S THE REASON FOR THE 20 FOOT SQUARE FOOTAGE VERSUS LIKE A 16 IF IT WAS CONSIDERED A DIRECTIONAL SIGN.

AND I'M HAPPY TO ANSWER ANY OTHER QUESTIONS YOU MAY HAVE.

I MEAN, IF THEY'RE APPLICABLE OR WILLING TO DO WHAT PHIL RECOMMENDS, I MEAN, IT'S GOOD FOR ME. IF THE APPLICANT IS WILLING TO ACCEPT THE-- WHAT YOU RECOMMEND THAT IS STILL A VARIANCE TO THE SIGNED ORDINANCE.

IS THAT CORRECT? YES, SIR.

YOU WOULD NEED TO CONDITION YOUR APPROVAL TO THE STAFF REPORT RECOMMENDATIONS.

THANK YOU. ANY QUESTIONS? [INAUDIBLE], MY QUESTION THAT I ASKED PHILLIP, I'LL ASK THE ADVOCATE.

SO, IF WE MOVED IT BACK 15 FEET, WOULD IT BE AN EFFECTIVE SIGN IN YOUR OPINION? WE WOULD NEED TO TAKE ONE MORE LOOK AT WHERE THE EASEMENTS ARE.

THERE MAY BE SOME WHERE THEY NEED TO MOVE BACK TO GET OUT OF THE EASEMENT, BUT ALSO SHIFT SO THAT THEY ARE STILL WITHIN THE ROUTES THAT NEED TO BE TAKEN.

BUT I AM CONFIDENT WE CAN GET THEM OUTSIDE OF THE EASEMENTS AND HAVE A SOLUTION THAT WORKS FOR AMAZON AND THE DRIVERS.

OK. I ACTUALLY THINK THE BIGGER SIGN IS A BETTER SIGN BECAUSE IT PROVIDES MORE CLARIFICATION, I GUESS, FOR THESE DRIVERS THAT DON'T KNOW WHERE THEY'RE GOING.

SO.

I WOULD AGREE. I THINK AS IT'S SHOWN IN THE PICTURE, THOUGH, IT IS A POTENTIAL SAFETY ISSUE WITH DRIVERS AND AN EYE-- WITH A-- GETS IN THE WAY OF BEING ABLE TO SEE.

SO.

YEAH. SO, I'M HAPPY THAT WE HAVE THE EASEMENTS AND SUCH THAT THE APPLICANTS NEED TO FOLLOW. OTHER QUESTIONS OF STAFF OR THE APPLICANT, OR CAN I HAVE A MOTION FOR PUBLIC HEARING? [INAUDIBLE] TO OPEN THE PUBLIC HEARING.

I HAVE A MOTION FROM COMMISSIONER KELLY TO OPEN A PUBLIC HEARING ON ITEM 37.

DO I HAVE A SECOND? SECOND.

SECOND FROM COMMISSIONER KENDALL ALL IN FAVOR.

WE ARE IN PUBLIC HEARING.

IS THERE ANYONE HERE THIS EVENING WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM? SEEING NONE, MOVE TO CLOSE PUBLIC HEARING.

HAVE A MOTION TO CLOSE THE PUBLIC HEARING FROM COMMISSIONER COLBERG.

SECOND.

SECOND COMMISSIONER CONE ALL IN FAVOR.

AYE. OPPOSED? MOTION PASSES, FIVE ZERO.