May 10, 2022 Frisco - Planning and Zoning Commission

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

>> ANY OPPOSE? MOTION CARRIES. FIVE, ZERO.

ITEM 2 IS APPROVED. NEXT ON OUR AGENDA THIS EVENING.

[CONSENT AGENDA]

THERE'S A CONSENT AGENDA.

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

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

WE HAVE ITEMS 3 THROUGH 18 THIS EVENING.

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

>> NO, MR. CHAIR. ID' JUST LIKE TO SAY SOMEBODY DID FILL OUT A BLUE SPEAKER CARD IN SUPPORT OF ITEM 14 AND DID NOT WISH TO SPEAK AND LISTED THEIR NAME AS PK.

>>EXCELLENT. I DO WANT TO PULL ITEM 11 SO THAT WE CAN MAKE A CLARIFICATION.

DO I HAVE A MOTION ON ITEMS 3 THROUGH 10 AND 12 THROUGH 18?

>> MOTION BY COMMISSIONER KENDALL.

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

>> ANY OPPOSED? MOTION CARRIES FIVE, ZERO.

THOSE ITEMS ARE APPROVED.

[11. Open Space Plan & Preliminary Site Plan: Trike Addition, Block A, Lots 1, 7-15 (OS22-0035 & PSP22-0023)]

I'M GOING TO READ AN ITEM 11.

OPEN SPACE PLAN, A PRELIMINARY SITE PLAN, TRACK ADDITION, BLOCK A, LOTS 1 7-15 OS22-0035, AND PSP 22-0023 OWNERS PGA GATEWAY 29, LIMITED PARTNERSHIP.

WE JUST HAVE A CLARIFICATION I WANT TO READ AND A RECOMMENDATION RECOMMENDED FOR APPROVAL SUBJECT TO OPEN SPACE PLAN AS SUBMITTED.

PULLING THEIR PRELIMINARY SITE PLAN, PLANNING ZONING COMMISSION APPROVAL OF A MINOR AMENDMENT TO PLAN DEVELOPMENT, THAT'S 216, TO UPDATE EXHIBIT C. DO I HAVE A MOTION TO APPROVE ITEM 11 AS READ IN BY MYSELF.

>> MOTION BY COMMISSIONER KELLY.

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

>> ANY OPPOSED? MOTION CARRIES FIVE ZERO. ITEM 11 IS APPROVED.

[19. Open Space Plan & Preliminary Site Plan: The Heights at Frisco, Block A, Lots 3 & 4 (OS22-0032 & PSP22-0021)]

TONIGHT WE HAVE ONE LEGISLATIVE ITEM AND FOUR PUBLIC HEARINGS ON THE AGENDA AND I WENT TO REVIEW THE PROCESS.

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

THE APPLICANT IS INCREMENTED 10 MINUTES TO MAKE HIS OR HER PRESENTATION TO THE COMMISSIONER.

FOLLOWING QUESTIONS OF THE STAFF AND THE 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 TO PRESENT YOUR POSITIONS.

PLEASE AVOID REPEATING WHAT HAS BEEN STATED BY

[00:05:02]

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 THE SPEAKING TIME IF A LARGE VOLUME OF PEOPLE ARE WISHING TO SPEAK.

I DON'T SEE A LARGE VOLUME THIS EVENING SO WE'RE GOING TO KEEP IT AT FIVE.

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.

THE COMMISSION INCLUSION AND 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, 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 THE DEVELOPMENT SERVICES AND STAFF AS TO WHEN THE CASE WOULD BE CONSIDERED BY THE CITY COUNCIL.

ITEM 19, OPEN SPACE PLAN AND PRELIMINARY SITE PLAN, THE HEIGHTS OF FRISCO BLOCK A LOTS 3 AND 4 OS 22-0032, AND PSP 22-0021.

OWNER'S FIRST COAST GUY, LL-C.

>> THANK YOU, CHAIR AND MEMBERS OF THE COMMISSION.

THE ITEM THAT WAS JUST READ INTO THE RECORD IS FOR TWO PROJECTS THAT WERE SUBMITTED ON APRIL 11TH, 2022.

STAFF HAS SINCE REVIEWED THIS PROJECTS AND FOUND THAT THEY DO NOT COMPLY WITH CITY STANDARDS AND REGULATION.

THE ITEM IS BEFORE YOU THIS EVENING FOR A DISAPPROVAL FOR THE REASONS STATED IN THE STAFF REPORT.

>> EXCELLENT. THANK YOU. IS THE APPLICANT HERE AND WOULD THEY CARE TO SPEAK? COMMISSIONERS, THIS IS NOT A PUBLIC HEARING, SO DO YOU HAVE ANY COMMENTS ON THIS, QUESTIONS OR DO I HAVE A MOTION ON ITEM 19?

>> JUST LOOKS LIKE QUITE A FEW ITEMS DON'T MEET OUR ORDINANCES.

IS THE APPLICANT WORKING WITH STAFF ON THESE OR ARE THEY ALL STILL OUTSTANDING?

>> WE ACTUALLY HAD A MEETING TODAY, SO THEY DO HAVE SOME THINGS THAT THEY WILL ADDRESS AND SPEAK WITH THE PROPERTY OWNER AND DEVELOPER ABOUT.

RIGHT NOW, WE'RE SUBMITTING [OVERLAPPING].

>> JUST TAKING SOME TIME.

>> DO I HAVE A MOTION O ITEM 19?

>> GOT IT. THANK YOU.

>> MOVE TO DISAPPROVE ITEM 19 FOR THE REASONS IDENTIFIED IN THE STAFF REPORT AND DELEGATE THE STAFF THE AUTHORITY TO PROVIDE A WRITTEN STATEMENT TO THE APPLICANT OF THE REASONS FOR THE DISAPPROVAL.

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

ITEM 20, PUBLIC HEARING [INAUDIBLE] NORTH FRISCO,

ITEM 19 IS DISAPPROVED.

[20. Public Hearing – Replat: Cinemark North Frisco, Block A, Lot 1 (RP22-0005)]

BLOCK A, LOT 1, RP22-0005, OWNERS, CNMK TEXAS PROPERTIES, LLC.

>> THANK YOU, MR. CHAIR. THIS PROJECT WAS SUBMITTED ON MARCH 14TH, 2022.

THE PLANNING AND ZONING COMMISSION APPROVED A 30 DAY EXTENSION REQUEST, CONTINUED THE PUBLIC HEARING AND TABLED THE ITEM TO TONIGHT'S MEETING.

I WOULD FIRST LOOK FOR A MOTION TO REMOVE THE ITEM FROM THE TABLE.

>> MOTION BY MR. BOX.

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

ITEMS REMOVED FROM THE TABLE.

>> THANK YOU. THE APPLICANT IS REQUESTING TO WITHDRAW THIS CASE.

I RECOMMEND TONIGHT THAT THE PLANNING AND ZONING COMMISSION CLOSE THE PUBLIC HEARING AND APPROVE THE APPLICANT'S REQUEST TO WITHDRAW THE CASE.

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

>> MOVE TO OPEN PUBLIC HEARING.

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

PUBLIC HEARING IS NOW OPEN.

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

>> SEEING I MOVE TO CLOSE PUBLIC HEARING.

>> MOTION BY COMMISSIONER KENDALL.

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

PUBLIC HEARING IS NOW CLOSED.

COMMISSIONERS, DO WE HAVE ANY COMMENTS ON THIS OR DO I HAVE A MOTION TO ACCEPT THE WITHDRAWAL?

>> MOVE TO APPROVE THE APPLICANT'S REQUEST TO WITHDRAW THE CASE.

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

THE WITHDRAWAL IS ACCEPTED.

ITEM 21, PUBLIC HEARING REPLANT HALL PARK,

[21. Public Hearing - Replat: Hall Park, Phase C3, Block A, Lot 4R; Phase C4, Block A, Lot 1; Phase D, Block A, Lots 1, 2, 3, 4 & 5 (RP22-0016)]

PHASE C3, BLOCK A, LOT 4R, PHASE C4 BLOCK A, LOT 1, PHASE D, BLOCK A, LOTS 1,2,3,4 AND 5.

RP22-0016.

OWNERS, HALL 2801 NETWORK ASSOCIATION LIMITED NKA HALL 2801 NETWORK ASSOCIATES, LLC.

>> THANK YOU, MR. CHAIR. THIS PROJECT WAS SUBMITTED ON APRIL 11TH, 2022.

THE APPLICANT IS REQUESTING A 30 DAY EXTENSION

[00:10:01]

TO GIVE YOU ADDITIONAL TIME TO COMPLETE ALL OF THE REVISIONS NECESSARY FOR APPROVAL.

STAFF RECOMMENDS THAT THE PLANNING AND ZONING COMMISSION ACCEPTS THE APPLICANTS 30 DAY EXTENSION REQUEST, TABLE THIS REQUEST AND CONTINUE THE PUBLIC HEARING TO THE MAY 24TH PLANNING AND ZONING COMMISSION MEETING.

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

>> MOVE.

>> MOTION BY MR. KELLY?

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

PUBLIC HEARING IS NOW OPEN.

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

>> SEEING GOT MOVED TO CLOSE PUBLIC HEARING.

>> I WOULD LIKE NOT TO [OVERLAPPING] DO I HAVE A SECOND ON THE CLOSED SPOKE HERE? DO I HAVE ANOTHER MOTION?

>> I MOVE TO TABLE THOSE REQUEST AND CONTINUE TO PUBLIC HEARING TO THE MAY 24TH, 2022 PLANNING AND ZONING MEETING.

>> MOTION BY COMMISSIONER KELLY.

>> I'D LIKE TO RAISE A QUESTION TO STAFF BEFORE WE SECOND THE MOTION.

IS THE 24TH TOO SOON? IT'S TWO WEEKS AWAY.

THEY ASKED FOR A 30 DAY EXTENSION.

WOULD WE BE BETTER SUITED GIVING THEM 30 DAYS?

>> WELL WE CAN'T DO A 30 DAY EXTENSION BECAUSE OF THE WAY THE CALENDAR FALLS.

IF WE DO A TRUE 30 DAY EXTENSION, THEN IT WILL EXCEED THE 60 DAYS.

>> OKAY. THANKS FOR EXPLAINING THAT.

>> ONE OTHER POINT. PART OF THE MOTION IS TO ACCEPT THE APPLICANT'S REQUEST FOR THE THIRTY DAY WAIVER REQUEST. [OVERLAPPING]

>> I DON'T HAVE A SECOND ON THAT MOTION. CAN I HAVE A NEW MOTION.

>> MOVE TO ACCEPT THE APPLICANTS 30 DAY EXTENSION REQUEST, TABLE THE REQUEST, AND CONTINUE TO PUBLIC HEARING MAY 24TH, 2022, PLANNING AND ZONING MEETING.

>> MOTION BY COMMISSIONER KELLY.

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

>> ANY OPPOSE? MOTION CARRIES 50.

MOTION WAS ACCEPTED.

GOOD JOB, COMMISSIONER KELLY.

[LAUGHTER] ITEM 22 PUBLIC HEARING,

[22. Public Hearing - Zoning: The Grove Frisco North (Z21-0022)]

ZONING THE GROVE FRISCO NORTH Z21.0022.

OWNERS, NASH FM 3537, LLC.

>> THANK YOU, MR. CHAIR. BEFORE YOU ALL TONIGHT IS A REQUEST TO REZONE THE PROPERTY SHOWN HERE INTO THREE SEPARATE PLAN DEVELOPMENTS, ONE FOR SINGLE-FAMILY, ONE FOR MULTI-FAMILY, AND ONE FOR RETAIL.

I WANT TO TOUCH BRIEFLY ON EACH OF THESE PLANNED DEVELOPMENTS.

THE FIRST BEING SINGLE-FAMILY, THAT BEING THE AREA SHOWN HERE, SUB-DISTRICT ONE.

THIS IS LOOKING TO ALLOW A COMBINATION OF SINGLE-FAMILY 12.5, SINGLE-FAMILY 8.5, SINGLE-FAMILY 7, AND PATIO HOME LOTS ON THE PROPERTY.

THE STANDARDS SPEAK TO MAXIMUMS FOR THE SMALLER LOT SIZE BEING THE PATIO HOME SIZE LOTS AND MINIMUMS FOR THE LARGER LOTS OF 12.5S, THE 8.5S AND THE 7S.

STAFF AND THE APPLICANT HAVE ALSO WORKED TOGETHER TO INCORPORATE FRONT PORCHES, STOOPS, AND FRONT COURTYARDS INTO MANY OF THESE LOTS, AS WELL AS THE REQUIREMENT FOR A 15 FOOT GARAGE OFFSET FROM THE FRONT FEATURE OF THE PORCH OR STOOP, ONE OF THOSE ELEMENTS AS I JUST MENTIONED, TO THE FRONT FACE OF THE GARAGE FOR THOSE FRONT LOADED PRODUCTS THAT HAVE A FRONT FACING GARAGE.

THE EXHIBIT THAT IS BEFORE YOU SHOWS A SINGLE-FAMILY DENSITY OF THREE UNITS TO THE ACRE.

THIS IS LESS THAN THE 3.2 UNITS TO THE ACRE THAT IS DEVELOPED ON THE SOUTH SIDE OF MAIN STREET, THAT BEING THE GROVE SOUTH OR GARDENER SOUTH PROPERTY.

NEXT, LOOKING AT THE MULTI-FAMILY PAYS PLAN DEVELOPMENT MULTI-FAMILY.

THIS IS LOOKING TO ALLOW A MAXIMUM OF 425 MULTI-FAMILY UNITS ON THE PROPERTY.

IF YOU WERE TO LOOK AT THE MULTI-FAMILY 15 ZONING ENTITLEMENTS THAT ARE ON THE PROPERTY TODAY, A TOTAL OF UP TO 1,296 UNITS COULD POTENTIALLY BE DEVELOPED ON THAT PROPERTY WHERE THE MULTI-FAMILY ZONING IS TODAY.

HOWEVER, THERE IS THE GARDENER DEVELOPMENT AGREEMENT ON THIS PROPERTY THAT HAS NOW CAPS THAT AT 1,015 MULTI-FAMILY UNITS ON THE PROPERTY.

WHILE THE APPLICANT'S REQUEST THAT IS BEFORE YOU ALL TONIGHT IS LOOKING TO INCREASE THE DENSITY THAT BEING 20.7 VERSUS THE 15 OR THE MULTI-FAMILY 15, THIS REQUEST IS CAPPING THAT AT 425 UNITS.

[00:15:01]

AGAIN, JUST TO BE CLEAR, THE AREA THAT YOU SEE HERE, THE SECOND PLAN DEVELOPED MULTI-FAMILY 15, WE ARE LOOKING FOR A MAXIMUM OF 425 MULTI-FAMILY UNITS.

STAFF AND THE APPLICANT ARE WORKING WITH THE CITY MANAGER'S OFFICE TO AMEND THE GARDENER DEVELOPMENT AGREEMENT AS THEY ROLL OUT THE MULTI-FAMILY UNITS BECAUSE PER APPROVAL OF THIS ZONING REQUEST, THAT WILL BE THE REMAINDER OF THE GARDENER OR PROPERTY, WHICH WILL WIND UP ELIMINATING 590 UNITS.

FOR THOSE OF YOU ALL INTERESTED, IF WE WERE TO LOOK AT THE GARDENER PROPERTY AS A WHOLE, THAT BEING THE PROPERTY ON THE NORTH AND SOUTH SIDES OF MAINE, FROM THE MULTI-FAMILY UNITS THAT WERE ORIGINALLY ENTITLED ON THE PROPERTY TO WHERE WE'VE COME TO TODAY, THAT IS A REDUCTION OF 71 PERCENT IN THE MULTI-FAMILY UNITS.

LOOKING AT THE THIRD PLAN DEVELOPMENT, THAT BEING THE NORTHWEST CORNER OF CUSTER AND MAINE, PLAN DEVELOPMENT RETAIL TO ALLOW A COMBINATION OF RETAIL USES ON THE PROPERTY.

EACH ONE OF THESE PLANNED DEVELOPMENTS HAVE THEIR SPECIFIC STANDARDS FOR THE SINGLE-FAMILY, FOR THE MULTI-FAMILY AND FOR THE RETAIL.

LET'S TALK ABOUT OPEN SPACE.

OPEN SPACE WAS LOOKED AT COLLECTIVELY, SO THESE STANDARDS THAT I'M TALKING ABOUT NEXT WILL BE INCLUDED IN EACH OF THE THREE SEPARATE PLAN DEVELOPMENTS.

THE APPLICANT IS LOOKING TO PROVIDE 37 ACRES OR 12.4 PERCENT OF THE OVERALL DEVELOPMENTS, NET ACREAGE AS USABLE OPEN SPACE.

THIS LOOKS AT IT AS A WHOLE, SO IF YOU WERE TO TAKE THE INDIVIDUAL PIECES, THE SINGLE-FAMILY, THE MULTI-FAMILY, AND THE RETAIL, AND LOOKED AT THOSE INDIVIDUALLY, WHAT WOULD BE REQUIRED FOR OPEN SPACE.

THE APPLICANT WOULD BE REQUIRED TO PROVIDE 21.6 HECTARES SO THEY ARE EXCEEDING THAT.

THE APPLICANT DID HOLD AN HOA MEETING PRIOR TO SUBMITTING THIS ZONING REQUEST.

THAT HOA MEETING WAS WELL ATTENDED, A NUMBER OF QUESTIONS WERE ASKED SINCE THIS REQUEST HAS BEEN SUBMITTED AT THE TIME THE PACKET WAS PUBLISHED, I SHOULD SAY, STAFF HAD NOT RECEIVED ANY PROJECT INPUT FORMS. SINCE THE PACKET WAS PUBLISHED, STAFF DID RECEIVE ONE PROJECT INPUT FORM WHICH WAS PROVIDED TO YOU ALL PRIOR TO TONIGHT'S MEETING.

I DID HAVE AN OPPORTUNITY TO VISIT WITH THAT GENTLEMEN THIS AFTERNOON AND AFTER A LENGTHY DISCUSSION, HE ASKED THAT I GO AHEAD AND PROVIDE YOU ALL WITH THAT PROJECT INPUT FORM, BUT HE IS NO LONGER OPPOSED TO THIS REQUEST.

ALL OF HIS CONCERNS WERE ADDRESSED DURING OUR DISCUSSION.

THE PROPERTY OWNER HAS VOLUNTARILY SIGNED THE DEVELOPMENT AGREEMENT TO ESTABLISH BUILDING MATERIAL STANDARDS AND CODES.

THIS REQUEST BEFORE YOU DOES BRING THE ZONING ON THE PROPERTY CLOSER TO COMPLIANCE WITH THE FUTURE LAND-USE PLAN, AND IT IS RECOMMENDED FOR APPROVAL THIS EVENING AS PLANNED DEVELOPMENT, SINGLE-FAMILY 12.5, SINGLE-FAMILY 8.5, SINGLE-FAMILY 7, PATIO HOME, PLAN DEVELOPMENT IN MULTI-FAMILY AND PLAN DEVELOPMENT RETAIL, SUBJECT TO THE EXHIBIT, THE STANDARDS NOTED IN THE STAFF REPORT AND THE ASSOCIATED EXHIBITS AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> I PERSONALLY DO NOT HAVE ANY QUESTIONS AT THIS TIME.

ANYBODY HERE? GO AHEAD.

>> I COULDN'T FIND THE HEIGHT OF THE MULTI-FAMILY UNITS.

>> THE MULTI-FAMILY, LET ME GET TO A BETTER EXHIBIT JUST SO THAT I CAN.

>> HOW MANY STORIES OF THE BUILDING?

>> THE APPLICANT IS PROPOSING THAT MAJORITY OF THE MULTI-FAMILY TO BE THREE STORIES AND OR 55 FEET, WITH THE EXCEPTION OF THIS BUILDING HERE.

THAT WOULD BE THE BUILDING THAT WOULD HAVE THE AMENITY CENTER, AND THAT WOULD BE ALLOWED TO BE FOUR STORIES, 70 FEET.

>> THIS IS NOT THE 4 TO 5 STORY APARTMENTS THAT WE'VE SEEN IN SOME OTHERS.

>> NO. IN ESSENCE, WHAT YOU HAVE HERE IS PER THE ZONING ENTITLEMENTS THAT WERE PUT ON THE PROPERTY BACK IN THE 70S AND THE EARLY 80S.

THIS IS MORE OF YOUR GARDEN STYLE MULTI-FAMILY WAS WHAT IT WAS ORIGINALLY ENVISIONED TO BE.

HOWEVER, WE HAVE WORKED WITH THE APPLICANT TO ESSENTIALLY DEVELOP AN ELEVATED PRODUCT, SO IT IS STILL SURFACED PARK, BUT THE BUILDINGS ARE GOING TO BE PULLED TO THE STREET.

THEY'RE GOING TO HAVE THAT URBAN FEEL, ALL OF THAT SURFACE PARKING WILL BE TUCKED IN THE REAR, SO IT'S NOT GOING TO DOMINATE AND IT ALSO WILL BE EMBEDDED INTO THIS COMMUNITY.

>> CURRENTLY, JUST MAKE SURE I UNDERSTAND.

CURRENTLY, IF WE DIDN'T DO THIS PLAN DEVELOPMENT,

[00:20:03]

THEY COULD GO BUILD 1,015 APARTMENTS THAT ARE GARDEN STYLE WITH PARKING WHEREVER, LOTS OF CONCRETE PARKING THAT'S NOT HIDDEN?

>> BUT THEY'VE AGREED TO TALK IN PARKING AND REDUCE BY 60 PERCENT THE APARTMENTS THAT THEY'RE LEGALLY ENTITLED TO DO ON THEIR LAND.

>> ITS 58.9 PERCENT TO BE EXACT [NOISE].

>> WITH THAT, MR. CHAIR, THEY WOULD BE TIED TO THE PD SO THEY COULDN'T COME BACK AND SAY WE WANT TO ADD ANOTHER 300 UNITS, PD IS ON THE PROPERTY.

THIS REQUEST CAPS THE NUMBER OF UNITS AT 425 UNITS.

>> THAT'S CORRECT.

>> I THINK AT ONE TIME WHEN WE STARTED WORKING AS AT 2017, THEY HAD ALMOST 1,500 APARTMENTS IN THEIR PLAN AND IT WAS VERY, VERY DENSE AT ONE TIME.

>> THEN BECAUSE OF THEIR ENTITLEMENT, THEY BUILT SOME APARTMENTS ON THE SOUTH SIDE, ON THE CORNER.

>> YEAH. WE HAVE WORKED WITH THE DEVELOPER FOR THE OVERALL GARDNER FOR A NUMBER OF YEARS NOW.

WHAT YOU ARE REFERENCING IS ON THE SOUTHWEST CORNER OF CUSTER AND MAIN.

THERE WAS A ZONING CASE THAT WENT THROUGH A COUPLE OF YEARS AGO, WHERE WE DID A SIMILAR EXERCISE.

THEY AT THAT POINT IN TIME HAD ENTITLEMENTS TO 1,439 MULTI-FAMILY UNITS ON THE OVERALL GARDNER PROPERTY.

WE DID 425 UNITS ON THAT PLAN DEVELOPMENT.

WITH THAT ZONING CASE, WE WALKED TO THE CITY MANAGER'S OFFICE TO AMEND THAT DEVELOPMENT AGREEMENT, AND THAT'S WHERE THAT 1,439 GOT DROPPED DOWN TO 1,015.

THIS REQUEST TAKES UP THE REST OF THE GARDNER PROPERTY, THAT'S WHY WE'RE WORKING WITH THE CITY MANAGER'S OFFICE TO AMEND THE AGREEMENT TO JUST ZERO OUT THAT NUMBER.

>> IN THE PD THAT WE HAD, WE DID NOT AGREE TILL BACK IN 2017.

HAD A FEW 100 TOWN HOMES IN IT AS WELL AS THE APARTMENTS, IF I REMEMBER.

>> THAT'S CORRECT. I DON'T REMEMBER [OVERLAPPING] ALL THOSE EXACT NUMBERS.

I HAD JUST STARTED WITH THE CITY AT THAT POINT.

BUT FROM WHAT I RECALL IN THE PLANS, WHAT I RECALL-[OVERLAPPING]

>> IT DIDN'T HAVE ANY 12.5 LOTS IN IT AND I CAN REMEMBER.

>> I DON'T REMEMBER THAT.

>> I WAS THERE AND I REMEMBER WHEN WE WERE HAVING THE WORK SESSION IN NOVEMBER OF 2016 WHERE THE DEVELOPMENT COMPANY THAT THEIR REPRESENTATIVE, MADE SOME THREATENING COMMENTS TO CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION AT THAT TIME.

THE PERSON WE'RE DEALING WITH NOW IS FAR BETTER AND GOT A GOOD PLAN THERE.

>> I'M DEFINITELY SEEING SOME MAJOR CHANGES IN THE PLAN FROM EVEN A COUPLE OF YEARS AGO.

[INAUDIBLE].

>> THIS IS VASTLY IMPROVED PLAN AND I REALLY LIKE THE NUMBERS.

CAN YOU SHARE THE DISCUSSION ABOUT THE SETBACK REDUCTION THAT YOU HAD WITH THE PERSON THAT MOVED IN AND ALSO WITH THE COMMISSION? [LAUGHTER]

>> SURE. IN THE STAFF REPORT, IT REFERENCES DEVIATIONS THAT THE APPLICANT HAS PROPOSED.

THE ONE MOST DOMINANT THAT THAT INDIVIDUAL WAS SPEAKING ABOUT IS WHERE THE FRONT YARD SETBACK FOR THESE PARTICULAR ZONING DISTRICTS IS 25.

THEY ARE PROPOSING TO PULL THAT UP TO 10 FEET.

WHAT WE'RE GETTING HERE IS A PRODUCT.

WE'RE LOOKING FOR HOMES WITH FRONT PORCHES, FULL WIDTH STOOPS WITH THESE FRONT COURTYARDS.

THE APPLICANT IS NOT LOOKING TO REDUCE THE LOT WIDTH, THE LOT DEPTH, THE MINIMUM LOT SIZE.

IN ESSENCE, THEY'RE JUST PULLING THE HOME FORWARD.

BY DOING THAT, YOU ARE CREATING INTEREST ALONG THE STREETS CAPE BY PUTTING PORCHES AND STOOPS, IT ENCOURAGES THAT SOCIAL INTERACTION.

ULTIMATELY YOU'RE GETTING WHAT WE LIKE TO SAY IS MORE OF A BETTER PRODUCT.

WE'RE NOT LOOKING TO JUST PULL THE HOUSE UP FOR THE SAKE OF PULLING THE HOUSE UP.

>> WE ASSUME THAT THEY HAVE A SIZABLE BACKYARD?

>> YES. ONE THING THAT I WILL NOTE, THERE ARE A COUPLE OF INSTANCES WHERE YOU WILL SEE IN THE STAFF REPORT WHERE IT SAYS OUR CURRENT STANDARD IS 30.

A FEW YEARS AGO, THE CITY WENT THROUGH NEIGHBORHOOD DESIGN.

THEN WE AMENDED THE ZONING ORDINANCE AND WE CHANGED OUR REAR YARD SETBACK TO 30 BECAUSE WE ARE WANTING LARGER BACKYARDS.

[00:25:02]

WHEN THIS REQUEST WAS FIRST SUBMITTED, THE APPLICANT WAS AGREEABLE TO MEETING THAT, BUT THROUGH DIFFERENT NEGOTIATIONS AND DIFFERENT THINGS THAT WE WERE ABLE TO DECIDE ON, THEY ASKED JUST TO SCALE THAT BACK TO 25 FEET, WHICH IS STILL LARGER THAN SOME OF THE OTHER PLAN DEVELOPMENT.

THIS AFTERNOON I'LL SPEND SOME TIME LOOKING THROUGH EDGEWOOD PARK BASED ON SOME OF THESE OTHER DEVELOPMENTS THAT HAVE BEEN APPROVED OVER THE LAST SEVERAL YEARS.

WHEN SEVERAL OF THOSE, NOT ALL OF THEM, BUT WHEN SEVERAL OF THOSE WE'RE GOING THROUGH THE REAR YARD SETBACK, IT WASN'T 30, IT WAS MORE LIKE 25.

WHAT GOT NEGOTIATED WAS 20 OR 15 IN SOME CASES.

TO ANSWER YOUR QUESTION, THEY'RE ASKING FOR 25, BUT YEAH, THAT IS STILL A SIZABLE BACKYARD IN COMPARISON TO SOME OF THE OTHER PLAN DEVELOPMENTS OF COMPARABLE PRODUCT TYPES THAT HAVE BEEN APPROVED OVER THE LAST FEW YEARS.

>> OKAY, THANK YOU.

>> I'M GOING TO MAKE ONE MORE OBSERVATION HERE JUST TO MAKE SURE I'M READING THIS PROPERLY.

HAVENWOOD LANE, WHICH STOPS, BUT THE HOUSES THERE ARE BACKING UP TO CUSTER CREEK BECAUSE I THINK CUSTER CREEK IS A SPECIAL NEIGHBORHOOD IN OUR CITY.

THESE ARE NOT PATIO HOMES BACKING UP TO CUSTER CREEK, CORRECT?

>> YOU'RE TALKING ABOUT BASE LOTS HERE?

THOSE ARE THE LARGEST LOTS WITHIN THIS PROPOSED COMMUNITY.

>> THOSE ARE THE SF12.5.

>> THOSE ARE BIG LOTS.

I MEAN, THAT'S BIGGER THAN ANYTHING AND WE HAVE IN THE FIELD'S NEIGHBORHOOD ON BROOKSIDE.

THEY HAD NO 12.5, 8.5 IS REALLY THE BIGGER LOTS THAT WE SEE IN THE CITY NOW BECAUSE OF THE LAND COST.

I THINK THE DEVELOPER PUTTING 12.5 THERE ISN'T REALLY GOOD BUFFER BETWEEN CUSTER CREEK IN THE NEIGHBORHOOD AS IT MOVES SOUTH.

>> I THINK IS THAT 50 FEET BUFFERS?

>> THERE'S A 50-FOOT BUFFER BETWEEN BASE 12.5 LOTS TO CUSTER CREEK TO THE NORTH.

>> WHICH IS AN EIGHT-FOOT PATH BEHIND IT.

>> SURE. PER THE HOCK AND BIKE TRAIL MASTER PLAN, IT DOES SHOW A TRAIL THROUGH THERE.

WE WORKED WITH THE APPLICANT TO INCREASE THE WIDTH OF THAT AREA.

THIS HAS BEEN OKAY, APPROVED BY THE PARKS DEPARTMENT.

IT IS NOT MEETING THE 100-FOOT SETBACK FROM RESIDENTIAL LOTS, IT IS 50 FEET.

THERE HAVE BEEN A NUMBER OF CONVERSATIONS BETWEEN STAFF AND THE APPLICANT, WHICH WE WILL GET MORE INTO IN THE NEXT PHASE OF DEVELOPMENT.

BUT THE APPLICANT DID SUBMIT A TREE SURVEY WITH THE ZONING REQUEST AND THE PLAN WOULD BE TO LOOK, TO PRESERVE AS MANY TREES AS POSSIBLE IN THAT AREA.

>> I THINK WHEN WE DID THE NEIGHBORHOOD BEHIND LOWER PARK, DID THEY PUT AN SF8.50 OR SF7.

DO YOU REMEMBER THAT, THE ONE WHERE WE HAD NEGOTIATED?

>> I DON'T REMEMBER SPECIFICALLY ON THAT.

>> YEAH, I THINK IT WAS 8.5.

>> IT WAS DEFINITELY NOT 12.5.

>> NO.

>> THESE ARE SECOND SLOTS.

>> JONATHAN, I HAVE ONE QUESTION.

WHEN WE SAY 10 FOOT, WHERE DOES THAT MEASUREMENT START? HOW DO WE VISUALIZE THAT?

>> THE WAY IT'S MEASURED IN THIS ONE, IT'S MEASURED FROM THE PROPERTY LINE TO THE FRONT OF THE PORCH OR THE STOOP.

YOU'RE GOING TO HAVE YOUR STRAIGHTWAY PARKWAY, AND THEN THE 10 FEET.

>> FROM CURB?

>> [OVERLAPPING] FROM CURB YOU'RE PROBABLY 25 OR 26ISH EACH FEET FROM BACK OF CURB TO THE FRONT OF THE PORCH OR THE STOOP, OR THE OUTDOOR COURTYARD.

>> THAT'S A BIG POINT, I THINK TO MAKE.

IT'S NOT 10 FEET FROM THE STREET.

>> NO. YOU'RE 10 FEET FROM THE PROPERTY LINE THE WAY THIS ONE IS WRITTEN.

>> JUST LIKE WE'RE SEEING CANALS AND GRAND PARK AND OTHER DEVELOPMENTS.

HEY, ROB, ON THE QUESTION ABOUT LOWER PART NORTH OR WE'RE JUST LOOKING AT THE ZONING.

>> LET'S SAY 0.5 ON THE LOWER PART NORTH ALONG [NOISE] [INAUDIBLE].

>> OKAY. THANK YOU. THAT'S WHAT I THOUGHT.

>> [OVERLAPPING] QUESTION FOLLOW ONTO WHAT JONATHAN JUST SAID?

>> JONATHAN, ON THE NORTH SIDE THERE, WHERE YOU JUST TALKED ABOUT THAT 50-FOOT BUFFER?

>> THE 50-FOOT BUFFER BETWEEN THE EXISTING LARGE LOTS AND THEN THE POTENTIALLY NEW 12.5 LOTS?

>> WHAT TYPE OF FENCING WOULD BE REQUIRED FOR THOSE 12.5 LOTS?

[00:30:04]

>> THESE HAVE OPEN ORNAMENTAL FENCING.

>> OKAY. JUST WANT TO MAKE SURE EVERYONE WAS AWARE THAT THEY WOULD NOT BE A WALL OF WOOD.

>> NO, IT'S OPEN ORNAMENTAL FENCING.

THAT WAS ONE THING DISCUSSION THAT WE HAD FROM CPTED PRINCIPLES.

IT WAS VERY IMPORTANT TO THE CITY TO MAKE SURE THAT THERE WERE ADS ON THAT AREA.

WE HAD A LOT OF DISCUSSION WITH THE APPLICANT TO MAKE SURE THAT THAT'S NOT THIS NO MAN'S LAND WHERE PEOPLE CAN GO AND HIDE.

ALSO PART OF THAT DISCUSSION CAME, LET ME TRY TO POINT OUT, I'M NOT SURE WHY THIS ISN'T DRAWING.

THERE'S A SPLIT.

IF YOU CAN SEE IT HERE, THERE'S A GAP BETWEEN THE LOTS.

EARLY ON THERE WAS DISCUSSION THAT YOU'D HAVE TO COME ALL THE WAY TO THIS END OR ALL THE WAY TO THIS END BUT THAT JUST MAKING SURE THAT THERE'S ACCESS BACK THERE, THERE'S EYES ON THAT AREA. OPEN FENCING.

>> OKAY. EXCELLENT. IF YOU FOLLOW ALONG TO THE WEST SIDE OF THAT 50-FOOT BUFFER, ONCE YOU GET TO THE SEVEN OR EIGHT LOTS THAT ARE PART OF THAT OTHER NEIGHBORHOOD, I'M GOING BETWEEN CUSTER CREEK FARMS AND THE SCHOOL BETWEEN NORRIS ELEMENTARY.

IT'LL BE THE NORTHWEST PART OF THIS SITE PLAN WE'RE LOOKING AT.

THE BUFFER DOES NOT CONTINUE ALONG BEHIND THOSE HOMES, CORRECT?

>> OKAY. THE REASON I BRING THAT UP IS JUST BECAUSE THOSE OTHER HOMES HAVE EXISTING SOLID FENCES.

>> NEIGHBORHOOD FENCE?

>> YEAH, NEIGHBORHOOD FENCE 1, 2, 3, 4, 6, 7 LOTS.

THESE NEW LOTS THEY WOULD JUST ABUT THOSE EXISTING FENCES, AND WE WOULD NOT CREATE A [OVERLAPPING].

>> YEAH THAT IS A NO MAN'S LAND.

>> OKAY. THANK YOU.

>> ANY OTHER QUESTIONS AT THIS TIME?

>> ACTUALLY, I HAD A QUESTION ON THE COMMENT.

I MISSED THIS EARLIER, JONATHAN, ABOUT THE SCHOOL SITE.

IN THE STAFF REPORT, IT SAID THAT PREVIOUSLY FASD HAD EXPRESSED INTEREST IN ACQUIRING LAND FOR ITS FUTURE SCHOOL SITE.

DO YOU HAPPEN TO KNOW IF THAT INTEREST FROM FASD WAS PRIOR TO THEM GETTING THE SITE FOR NORRIS ELEMENTARY THAT SITS JUST NORTH OF THIS PROPERTY?

>> LET ME ANSWER THAT WITH CHRIS WILLIAM.

THEY DID SOUTH AND WE'RE LOOKING SOUTH OF MAIN STREET.

IT COULD HAVE BEEN RICH, BUT THERE WERE NOT INQUIRING ON THE NORTHSIDE OF MAIN STREET AND SO THAT EVERYBODY KNOWS ANY TIME GETS ALL OF OUR METALS ARE AFFORDED TO THE SCHOOL DISTRICT AND IT DID NOT EXPRESS IN FOR US ON THE SCHOOL SIDE ON THIS PROPERTY.

>> OKAY. EVEN THOUGH THE STAFF REPORT SAYS THAT FASD EXPRESSED INTEREST, I APPRECIATE YOU SAYING THAT ON THE NORTH SIDE, THEY DIDN'T EXPRESS INTEREST FOR THE NORTH SIDE AND THERE'S AN EXISTING ELEMENTARY AND MIDDLE SCHOOL IMMEDIATELY ADJACENT TO THIS PROPERTY ON THE NORTH SIDE. OKAY.

>> IT'S ALL GOOD.

>> SIR, I HAVE AN OBSERVATION.

>> ANY MORE QUESTIONS?

OBSERVATION THAT WE DO HAVE AGREEMENT ON BUILDING STANDARDS [OVERLAPPING] TO A HIGHER LEVEL THAT THE BUILDER VOLUNTARILY AGREE TO, RIGHT?

>> THAT'S BEING A NICE NEIGHBORHOOD.

>> IS THE APPLICANT HERE AND WOULD LIKE YOU TO SPEAK.

I WILL ASK WHEN YOU GET DOWN TO FILL OUT A SPEAKER PROTOCOL.

SORRY. THANK YOU.

>> GOOD EVENING, COMMISSIONERS, AND I APPRECIATE YOUR TIME.

MY NAME IS TIM DURYEA, I'M WITH BROOKFIELD DEVELOPMENT.

WE ARE THE DEVELOPER OF THE GROVE FRISCO.

WE ALSO WANT TO SAY OUR APPRECIATION TO CITY STAFF FOR THEIR EFFORTS IN OUR DISCUSSIONS OVER THE LAST SEVERAL MONTHS ON THIS PROPERTY.

WE'RE HERE TO ANSWER QUESTIONS IF YOU HAVE QUESTIONS.

>> THANK YOU. ALL RIGHT.

DO WE HAVE A MOTION OPEN PUBLIC HEARING?

>> SO MOVED.

>> MOTION BY COMMISSIONER CRANDELL.

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

>> ANY OPPOSE? MOTION CARRIES FIVE ZEROS.

>> IN PUBLIC HEARING WE DID WHICH STAFF REFERENCED EARLIER WE DID RECEIVE A INPUT FORM, JUST WANT TO RECOGNIZE THAT FROM MIKE WONG.

AS HE HAD ORIGINALLY STATED, OPPOSE, BUT HIS STAFF MENTIONED, HEARD HIS QUESTIONS ANSWERED, AND WAS NOT OPPOSED TO THE PROJECT AT THIS TIME.

WE ALSO HAVE THREE INDIVIDUALS WHO HAVE EXPRESSED INTEREST BEFOREHAND.

YOU STILL HAVE AN OPPORTUNITY TO SPEAK IF YOU'D LIKE TO PLEASE COME UP AFTER I'VE CALLED THE THIRD PERSON.

WE'LL START WITH BARB JACKSON.

>> NO, I'M LAST. [LAUGHTER].

>> IF I CAN START WITH YOU, THAT'D BE GREAT.

THANK YOU. I PUT THESE IN RANDOM ORDER.

[00:35:05]

>> OKAY. THAT'S FINE.

GOOD EVENING I'M BARB JACKSON, I LIVE IN CUSTER CREEK FARM.

>> COULD YOU JUST STATE YOUR ADDRESS, PLEASE?

>> 16100 CUSTER TRAIL.

>>THANK YOU.

>> IN FRISCO. THE OTHER PEOPLE SPEAKING HAVE MORE OF THE LAND, THE BUFFERS, AND THAT TYPE OF STUFF.

I HAVE CONCERNS THAT ARE NOT THE LOGISTICS.

I WAS WONDERING IF THEY HAVE DONE A CUSTER CONGESTION STUDY OR A TRAFFIC STUDY FOR CUSTER.

I ALSO WAS CURIOUS HOW CUSTER CAN ACCOMMODATE SO MANY NEW RESIDENTS BECAUSE CUSTER'S, RIGHT NOW, I PLAY HOPPER, WHEN I TRY TO GET DOWN ON MY NEIGHBORHOOD, I CROSS MY FINGERS AND MAKE IT BECAUSE I CAN'T TELL YOU THE NUMBER OF ACCIDENTS I'M RIGHT ON CUSTER TRAIL.

THERE'S ACCIDENTS THROUGHOUT THE TIME BECAUSE PEOPLE HAVE TO DO THE U-TURN.

I HAVE TO DO SOMETIMES TWO, I HAVE TO TURN RIGHT BECAUSE I CAN'T MAKE IT ACROSS THE FIRST LANE BECAUSE THERE'S NO MEDIAN.

THERE USED TO BE A BUFFER IN-BETWEEN THAT WE HAD ENOUGH SPACE THAT WE COULD GO STOP AND THEN GO ON.

WE DON'T HAVE THAT ANYMORE.

WHEN I'M AT THE STOP SIGN AND SOMEBODY HAS A LEFT TURN LANE ON, I DON'T KNOW IF THEY WERE PULLING INTO OUR DEVELOPMENT OR IF THEY'RE DOING A U-TURN.

THAT'S WHERE ALL THE ACCIDENTS HAVE HAPPENED AND THAT I SHOULD BE PAYING MORE ATTENTION TO THE MOUNTAIN, BUT I'M ASSUMING THE CITY IS SITTING IN MCKINNEY, YOUR CITY OF FRISCO, RESPONSIBLE FOR DOING THAT TRAFFIC STUDY IN THE NUMBER OF ACCIDENTS.

>> I WILL ADDRESS SOME OF YOUR QUESTIONS AFTER PUBLIC COMMENT.

>> OKAY. ALL RIGHT, IN HERE.

MY NEXT ONE WAS ENVIRONMENTAL IMPACTS AND HOW MANY TREES WILL BE SAVED.

ALSO WONDERING IF THEY'VE DONE AN EROSION REPORT.

WHEN STONE BRIDGE NEIGHBORHOOD WENT IN, NORTH OF US, WE'RE RIGHT ON THE CREEK AND THERE'S LAND BETWEEN STONE BRIDGE AND US BUT THE AMOUNT OF EROSION THAT'S HAPPENED IN THE LAST 23 YEARS IS SUBSTANTIAL.

SO I'M WONDERING IF THEY'VE DONE ANY TYPE OF A STUDY TO SEE THE IMPACT OF THE INCREASED FLOW OF, I DON'T WHAT WORD I'M LOOKING FOR.

IS THERE ANY PLAN TO DO SILVERADO CUT THROUGH AND WILL THAT BE DIRECTLY BEHIND US? IS SILVERADO PLANNING ON GOING FROM-

>> IT WILL NOT BE EXTENDED.

>>THANK YOU. I DON'T LIKE THE BUFFER.

I THINK THAT 50 FEET IS ENOUGH.

ESTIMATE OF TOTAL POPULATION THAT WILL BE HOUSED IN THIS WITH THE NUMBER OF UNITS, APARTMENT, SINGLE-FAMILY HOME, PATIO HOMES, MULTI-FAMILY HOMES.

WHAT'S THE ESTIMATE OF THE POPULATION? CAN CUSTER CREEK OR CUSTER TRAIL HANDLE IT, BECAUSE WE'RE NOT HAPPY WITH THE DEVELOPMENT ON THE MCKINNEY SIDE, BUT WE HAVE NO SAY IN THAT.

I'VE BEEN TO THEIR MEETINGS AND THEY'LL, STATE YOUR NAME? WHAT'S YOUR ADDRESS? THEY'LL FIRST GO, SIT DOWN.

[INAUDIBLE] HAVE SO MANY APARTMENTS AND THEN THAT HUGE DEVELOPMENT IS GOING AND WHERE HANKKINNEY AND STORYBOOK RANCH WAS.

ANYWAY, I THINK THAT'S EVERYTHING ON MY LIST.

NOW COMES THE SMART PEOPLE IN MY NEIGHBORHOOD THAT HAVE THE FACTS.

>> THANK YOU, MA'AM. THANK YOU.

>> THANK YOU, BARBARA. THANK YOU.

>> DON'T PROVE ME WRONG GUYS, BE SMART.

[LAUGHTER] THANK YOU FOR YOUR TIME.

>> WE APPRECIATE YOU.

>> NEXT, TERRY COTTER.

>> I THINK YOU STATED YOUR CASE VERY WELL, BY THE WAY. [LAUGHTER].

>> GOOD EVENING. MY NAME IS TERRY COTTER.

[00:40:02]

I LIVE 15300 FROM LOOKOUT POINT CIRCLE, WHICH IS THE LAST PROPERTY IN CUSTER CREEK FARMS TO BACK ON TO THIS PROPOSED DEVELOPMENT.

WE WENT THROUGH A SIMILAR PROCESS WITH THIS, WITH STANLEY DEVELOPMENT, WHICH WAS [INAUDIBLE] NUMBER OF YEARS BACK.

THEY ORIGINALLY WANTED TO BE DENSE LIKE THIS, AND THEY FINALLY WENT TO A 150 FOOT BUFFER ZONE WITH A BUM PLUS SEE HERE, THIS IS 50 FEET, WHICH IS QUITE A REDUCTION OF WHAT WE MANAGED TO AGREE WITH JONATHAN COOK.

ALSO THEY ORIGINALLY WANTED TO PUT APARTMENTS IN, BUT THAT WAS JUST ABANDONED BECAUSE THEY REALIZED THEY WANTED TO KEEP THE SENSE OF AN OPEN COMMUNITY.

THEY WANTED TO BE SIMILAR, BUT NOT EXACTLY LIKE CUSTER CREEK FARMS. THEY WANT TO ATTRACT PEOPLE THAT WENT TO THEIR OPENNESS.

IN FACT, WE GET A LOT OF PEOPLE COME INTO OUR AREA FROM STANLEY BECAUSE THEY ENJOY IT SO MUCH.

JUST WALKING THROUGH, AND ONE OF OUR NEIGHBORS, HE ORIGINALLY LIVED IN STANLEY, AND HE LOOKED THROUGH THE FENCES OF HOUSES THAT WAS FOR SALE, SO HE BOUGHT IT.

THAT'S THE AREA WE WANT TO MAINTAIN.

I THINK WITH THIS DENSE POPULATION IS GOING TO TEND TO PEOPLE LOOKING WITH A JADED VIEW.

SO HOW CAN THE CITY LET ALL THIS DEVELOPMENT TAKE PLACE WHEN YOU'VE GOT SUCH A LOVELY NICE OPEN AREA.

I UNDERSTAND BACK IN THE SEVENTIES, PEOPLE DIDN'T REALLY THINK ABOUT THE FUTURE TOO MUCH.

THEY JUST HAD ALL THIS LAND AND LET'S JUST CUT IT UP AND DIVIDE IT UP AND MAKE IT AVAILABLE.

MY MAIN OBJECTION REALLY IS THE APARTMENTS WHICH AS IS ALREADY SAID, WE HAVE OVER AN ABUNDANCE ON MCKINNEY SIDE, AND ALSO THERE'S QUITE A FEW ON THE SOUTH SIDE OF MAIN STREET AND THE EXISTING, THE GROWTH DEVELOPMENT, THEY HAVE FIVE STORIES, IT'S QUITE HIGH.

I WAS PROBABLY WHISTLING IN THE WIND TRYING TO GET SOME LESS DENSE AND LARGER BUFFER ZONES, IS MY WISH.

>> NEXT I HAVE ANGIE SCHERZI.

I'M SORRY IF I MISPRONOUNCED THAT.

[BACKGROUND] SURE.

ANGIE SCHWIERIG. THANK YOU.

>> IT'S OKAY, I'VE BEEN CALLED WORSE, TRUST ME [LAUGHTER].

I'M ANGIE SCHWIERIG, I LIVE AT 15600 CUSTER TRAIL.

>> YOU CAN SPEAK INTO THE MICROPHONE, PLEASE.

>> YOU DON'T EVER HAVE TO SAY YOU CAN'T HEAR ME.

I WAS GOING TO SAY, I HAVE NEVER BEEN ACCUSED OF BEING QUIET.

[OVERLAPPING] THIS IS AT LEAST THE THIRD TIME WE'VE SEEN A PLAN FOR THIS PIECE OF PROPERTY, AND WHILE I AGREE, THIS IS PERHAPS BETTER, MAYBE.

EACH TIME WE HAVE SEEN THIS PROPERTY, THE ONES ADJACENT TO OUR PIECE OF LAND GETS SMALLER.

WHILE YOU GUYS STATE 12.5 IS BIG, TO US IT'S NOT.

AS TERRY JUST SAID, EACH TIME WE'VE SEEN THIS, THESE GETS SMALLER AND SMALLER AND SMALLER.

THE FIRST TIME WE MET, WHICH WAS AT THE SCHOOL.

I DON'T KNOW WHEN THAT WAS.

IT'S BEEN AWHILE. IT'S BEEN A LONG TIME. [OVERLAPPING]

>> 2017.

>> SOMETHING LIKE THAT [OVERLAPPING], YES.

SOME OF YOU WERE THERE, BECAUSE I REMEMBER.

BUT YOU'LL RECALL THOSE WERE MUCH LARGER.

I HAVE A CONCERN JUST LIKE TERRY SAID, THAT THOSE CONTINUE TO GET SMALLER AND SMALLER AND SMALLER, AND IF YOU DON'T PASS IT TONIGHT, THE NEXT TIME THEY MAY BE EVEN SMALLER.

MY REAL CONCERN, WE'LL SEE IF I CAN FIGURE OUT HOW TO DRIVE THE POINTER HERE BECAUSE I DON'T WANT TO. NO, THAT'S NOT IT.

OOPS, I SCREWED THAT UP.

HOW DO I FIX THAT? SORRY. SHOW ME WHERE THE POINTER IS, HOW ABOUT THAT.

>> [INAUDIBLE].

>> AS BARB MENTIONED, THE TRAFFIC ON CUSTER IS HORRIFIC AND YOU GUYS PROBABLY DON'T LIVE OVER THERE, YOU DON'T HAVE A CLUE.

BUT IT IS BEYOND AWFUL.

MY REAL CONCERN IS THAT STREET, WHERE THAT COMES OUT TO CUSTER, IS ON A BLIND CURVE.

DID I SCREW IT UP AGAIN? YOU CAN'T SEE WHERE IT COMES OUT TO CUSTER, BUT IT'S ON THE DOWNHILL SIDE OF THAT RISE.

THERE ARE WRECKS THERE ALL THE TIME ALREADY FROM ALL THE APARTMENTS ON THE EAST SIDE OF CUSTER.

SOMEBODY'S GOING TO GET KILLED RIGHT THERE, BECAUSE THE SPEED LIMIT IS 50 OR WHATEVER, IT'S 50, I GUESS IT'S 55, WHATEVER IT IS.

FIFTY FIVE GOING OVER A BLIND HILL WITH PEOPLE TURNING OUT, THAT'S AN ACCIDENT.

[00:45:04]

THERE'S GOING TO BE MANY ACCIDENTS, NOT JUST ONE.

SO I APPRECIATE THE OPPORTUNITY TO COMMENT, BUT I WOULD LIKE TO HAVE RECONSIDERATION ON THOSE PROPERTY SIZES AND THEN THAT STREET COMING OUT ONTO CUSTER.

THANK YOU.

>> THANK YOU. ALL RIGHT.

ANY ANYONE ELSE WHO WOULD LIKE TO SPEAK FOR OR AGAINST? PLEASE, COME ON UP.

WE'LL ASK YOU TO FILL OUT A SPEAKER CARD AS WELL.

IF YOU HAVEN'T ALREADY, AND HAND IT TO LAURA, IF YOU DON'T MIND, OVER IN THE LEFT-HAND SIDE.

[BACKGROUND] [LAUGHTER]

>> I THINK THERE WAS ANOTHER HAND.

IF YOU CAN GO IN AND COME DOWN AND BE READY WHEN HE'S FINISHED, THAT'D BE GREAT.

>> I THINK HE WAS POINTING TO HIM [LAUGHTER].

>> WAS HE? OKAY. [BACKGROUND].

>> I WANT TO FIX WHAT YOU SCREWED UP [LAUGHTER].

>> OKAY. MARK HILL, 9950 LITTLE HORNS CIRCLE.

I'M ACTUALLY A RESIDENT OF THE BORDER.

MY HOUSE IS LIKE FIVE OR SIX IN.

LET ME SEE IF THIS HAS A POINTER HERE. THERE YOU GO.

I'M RIGHT AROUND HERE.

>> I DON'T KNOW. IT'S RIGHT HERE.

>> OKAY. THERE YOU GO. ALL RIGHT. THANK YOU OFFICER.

>> YOU AROUND THERE?

>> YES, SIR. MY CONCERN IS WITH MR. [INAUDIBLE] IS JUST THE BUFFER.

I KNOW IT HAS SHRUNK OVER THE NEGOTIATIONS.

FIRST, I SHOULD HAVE BEGUN WITH COMMENDING YOU GUYS ON WHAT I THINK IS A MUCH IMPROVED PLAN.

THE MULTI-FAMILY REDUCTION IS VERY MUCH APPRECIATED.

THE MCKINNEY SIDE IS OBVIOUSLY BLOWING UP CRAZY., OUR COMMUNITY IS GOING THROUGH A LOT OF TURNOVER.

OUR NEIGHBORHOOD IS A SPECIAL COMMUNITY.

A LOT OF NEW HOMEOWNERS COMING IN.

I ALSO WANT TO COMMEND THE DEVELOPER ON IT TOO FOR WORKING WITH THE CITY.

THANK YOU VERY MUCH, AND HOPEFULLY CONTINUING TO DO SO AS WE'RE WORKING THROUGH THIS PROCESS.

MY CONCERN IS AS PIECES GET APPROVED PRESERVING THAT BUFFER, WE'RE VERY COGNIZANT OF IT AS IT'S BEEN STATED.

ANY BUFFER, 100 FOOTS OBVIOUSLY PREFERRED, BUT WHAT WE'RE CONCERNED ABOUT IS AS WE START TO SET CERTAIN THINGS GETTING APPROVED IS HOW THAT AFFECTS LATER APPROVAL.

I UNDERSTAND MAYBE THAT NORTHERN PIECES ON NEXT PHASE TO GET PRESENTED TO YOU GUYS, PERHAPS.

WE WOULD LIKE AS MUCH BUFFER THERE AS POSSIBLE. I'D MUCH PREFER 100.

I JUST DON'T KNOW IF AS THINGS GET APPROVED, HOW RECONSIDERATION OF A BUFFER WOULD AFFECT THAT.

I MEAN, IT WOULD AFFECT OBVIOUSLY THE PLAN AS A WHOLE.

I LIVE ON THERE AND THERE'S OBVIOUSLY A LOT OF TREES THROUGH THERE.

I KNOW I THINK I OWN SOME OF THEM.

THERE'S AN EASEMENT I THINK THAT RUNS THROUGH THEIR UTILITIES, OF SOME KIND.

SOMETIMES GAS LINE OR SOMETHING.

I'VE ACTUALLY BEEN IN THERE.

PRESERVATION OF THOSE TREES IS OBVIOUSLY KEY.

SOME BUFFER AS MUCH AS POSSIBLE IS OBVIOUSLY KEY AND OVERALL LOOK IS KEY.

ONE OTHER ISSUE TO CONSIDER IS THERE IS NO GAS OR FIBER INTO CUSTER CREEK FARMS. IT'S PROBABLY SOMETHING YOU ALL ARE AWARE OF.

I'M NOT SURE HOW THAT PREDATES ME.

I'VE LIVED IN FRISCO FOR 20 YEARS OR CLOSE TO 20 YEARS.

I'VE GOT SEVERAL OTHER PROPERTIES IN FRISCO AND WE HAVE A FEW HOUSES IN OUR NEIGHBORHOOD, MOSTLY ON MY SIDE, ON THE SOUTHERN SIDE OF THE CUSTER CREEK FARMS THAT HAVE GAS ACCESS.

DON'T ASK ME WHY. I DON'T KNOW.

>> LET ME ANSWER THAT. WENT TO [INAUDIBLE]

>> OKAY. FOR WHATEVER REASON, THERE ARE SEVERAL HOMES INCLUDING MINE, ACTUALLY HAVE ACCESS PROBABLY BECAUSE I'M ON THE SOUTHERN SIDE THERE THAT HAS GAS.

I'M JUST CURIOUS FOR YOU-ALL TO CONSIDER.

IF THERE IS GAS OR IF THERE IS FIBER RUNNING INTO THIS COMMUNITY, WHAT'S POSSIBLE TO MAKE IT AVAILABLE TO THE EXISTING CUSTER CREEK FARMS COMMUNITY.

I DON'T KNOW THAT ANSWER, BUT THAT'S SOMETHING FOR YOU ALL TO AT LEAST CONSIDER.

>> TO THAT, THAT'S UP TO THE UTILITY COMPANIES, SO THE CITY DOESN'T HAVE ANY POWERS.

YOU HAVE TO DO IT, SO THAT BECOMES TO THE UTILITY COMPANY.

WE CAN HAVE A CONVERSATION.

I'M SURE THE DEVELOPER WOULD BE WILLING TO HAVE A CONVERSATION, BUT THAT'S STRICTLY A UTILITY COMPANY'S DECISION.

>> FAIR ENOUGH. ACTUALLY, I THINK THE GAS LINE RUNS ON THE BUFFER.

WHERE THOSE TREES ARE, I'VE WALKED THROUGH THERE.

I THINK THAT'S WHERE IT IS BECAUSE I THINK THAT'S WHERE THEY TAPPED INTO IT TO PUT INTO MY HOUSE.

>> DIG A SHOVEL AND YOU'LL KNOW.

>> WHAT'S THAT? [LAUGHTER] WELL,

[00:50:01]

I'VE SEEN THAT THERE'S ACTUALLY A BIG MANHOLE COVER THERE.

OVERALL THOUGH, I THINK FROM A LIST OF VOICE FROM SOMEONE THAT ACTUALLY LIVES ON THE BUFFER, WE DO HAVE A VERY SPECIAL COMMUNITY.

MY TAX APPRAISAL WILL TELL YOU THAT THIS YEAR, AND WE'D LIKE TO KEEP IT THAT WAY.

I THINK THIS PROGRESS MADE WITH THE DEVELOPER IS A POSITIVE SIGN.

I'M NOT PARTICULARLY A FAN OF THE DEVIATION FROM THE POINT MR. KELLY MADE WITH THE FRONT SETBACKS AND I THINK SOMEONE ELSE MADE.

I'M ALSO COGNIZANT THAT WE'VE REDUCED THE MULTI-FAMILY COMPONENT IN IT. THAT'S NOT LOST ON ME.

I JUST WOULD LIKE THE COMMITTEE TO BE COGNIZANT OF THAT BUFFER AS WE GET INTO DEVELOPMENT.

PREFERABLY 100.

IT'S DEFINITELY NO SHRINKING AND I'D ASK THE DEVELOPERS THE SAME AND ALSO APPRECIATE THAT THE LARGER HOMES ON THE NORTHERN END.

FROM SOMEONE THAT LIVES THERE AT THE START, YOU ALL SHOULD HEAR THAT. OKAY.

>> THANK YOU SO MUCH. IS THERE ANYONE ELSE? COME ON DOWN. THERE'S NO PRIZES THOUGH.

>> IS THERE ANYONE ELSE WHO'D LIKE TO SPEAK AFTER, FEEL FREE TO COME ON DOWN TO THE FRONT ROW. THANK YOU.

>> GOOD EVENING. THANK YOU FOR THE TIME.

KATIA STEWART, I LIVE AT 15501 BIG HORN TRAIL.

I TOO JUST WANTED TO SHARE MY THOUGHTS ON THE BUFFER BUT BEFORE DOING THAT, I DO WANT TO COMMEND THE DEVELOPERS FOR WORKING THIS PLAN AND HAVING SOME ITERATIONS THAT CERTAINLY ADDRESS THE MULTI-FAMILY CONCERNS THAT WE DID PROPOSE PREVIOUSLY.

I KNOW THAT THERE WERE SOME DISCUSSIONS ABOUT MEETING AS AN HOA.

I JUST WANTED TO CLARIFY THAT THAT HOA WAS ACTUALLY THE GROVE.

WE DID HAVE PROBABLY A FEW PARTICIPANTS AT THAT MEETING FROM CUSTER CREEK FARMS, BUT THAT WAS PRIMARILY GROVE ON THE SOUTH SIDE OF MAIN STREET.

SO NOT PARTICULARLY GOING TO GET A LOT OF INPUT FROM CUSTER CREEK FARMS RESIDENTS.

JUST WANTED TO CLARIFY THAT.

I AGAIN LIVE ON THAT BUFFER ZONE.

I'D LIKE TO JUST ALSO VOICE MY CONCERNS ABOUT THAT REDUCTION IN THAT BUFFER ZONE FROM THE TIME THAT WE'VE SEEN THESE PLANS OVER THE LAST FOUR YEARS, AS WELL AS THE REDUCTION OF THE SIZE OF THOSE LOTS THAT WILL BACKUP TO OUR PROPERTIES.

AGAIN, IT'S THE BUFFER ZONE, IT'S THE SPACE BETWEEN US, BUT IT'S ALSO THE NOISE.

IT'S ALSO THE TRAFFIC THAT WILL IMPACT, OBVIOUSLY, OUR CUSTOMARY LIVING THAT WE PURCHASED CUSTER CREEK FARMS FOR THAT VERY REASON.

JUST WANTED TO ASK THE COMMITTEE AS WELL AS THE DEVELOPER TO CONTINUE TO HAVE THAT UNDER CONSIDERATION AND TO MAKE SURE THAT CUSTER CREEK FARMS AS A WHOLE IS REITERATING OUR DESIRE TO INCREASE THAT BUFFER AS POSSIBLE. THANK YOU.

>> EXCELLENT. THANK YOU. WHO ELSE WOULD LIKE TO SPEAK THIS EVENING? FIRST OF ALL, WE REALLY APPRECIATE EVERYONE THAT DID COME OUT AND SPEAK AND EVEN IF YOU DIDN'T SPEAK, FOR BEING HERE, WE APPRECIATE THAT.

DO I HAVE A MOTION TO CLOSE THE PUBLIC HEARING?

>> SO MOVE.

>> MOTION BY COMMISSIONER [INAUDIBLE]

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

I WOULD JUST ADDRESS A COUPLE OF THINGS.

LET'S START. I'VE GOT A LOT OF PLACES I CAN START.

LET'S START WITH TRAFFIC.

JOEL, CAN YOU COME UP HERE, I'D LIKE TO ADDRESS A COUPLE OF THINGS.

ONE IS, IF ANY TRAFFIC STUDIES WERE DONE, THE FLOW OF AT LEAST 12.5 HOMES AND WHAT YOU EXPECT TRAFFIC TO BE LIKE THERE BECAUSE THERE WAS A COMMENT ABOUT NOISE AND THEN WHERE THIS EXIT OUT ONTO CUSTER ROAD, IF YOU CAN ADDRESS THAT.

>> SURE. WE HAVE NOT DONE A TRAFFIC STUDY IN DETAIL AT THIS LEVEL YET AT THE ZONING STAGE BECAUSE PRIMARILY AT THE ZONING STAGE, THE CRITERIA IS FIRST, WE LOOK AT WHAT THE EXISTING ZONING IS COMPARED TO WHAT THE PROPOSED ZONING IS, AND IF IT WAS GOING TO INCREASE THE TRAFFIC, THEY WOULD HAVE TO DO A TRAFFIC STUDY AND SHOW WHAT THEY WERE INCREASING BECAUSE THIS LAND IS CURRENTLY ZONED FOR A VERY LARGE CHUNK TO BE RETAILED AND ANOTHER BIG CHUNK TO BE ALL THAT MULTI-FAMILY.

WHAT ZONE ON THERE WOULD GENERATE A WHOLE LOT MORE TRAFFIC THAN WHAT'S CURRENTLY PROPOSED WITH THIS PLAN.

NO TRAFFIC IMPACT ANALYSIS WAS REQUIRED AT THIS STAGE BECAUSE THEY'RE PROPOSING A LOT LESS TRAFFIC THAN THIS LAND WOULD GENERATE AT OUR CURRENT ZONING.

HOWEVER, WHEN WE GO TO THE PRELIMINARY SITE PLAN STAGE AND THEY ACTUALLY PROPOSE BUILDING THINGS, THAT'S WHEN WE GET INTO THE TRAFFIC IMPACT ANALYSIS THAT WE NEED TO DO WHEN YOU'RE ACTUALLY GOING TO BUILD SOMETHING.

PRIMARILY FOR US THAT INVOLVES WHERE WILL THE TRAFFIC SIGNALS BE?

[00:55:02]

WHEN WILL THE TRAFFIC SIGNALS BE WARRANTED? WHAT STAGE WILL THEY NEED TO GO IN AS YOU'RE BUILDING YOUR DIFFERENT PHASES? THAT'S THE STUDY THAT WE'LL START AND DO AT THE PSP STAGE AND NOT AT THE ZONING STAGE.

BUT THEN YET AS WE WORKED OUT THIS DESIGN, AS THEY'RE PROPOSING THINGS, I PUSHED THE ROADS AROUND TO PUT THEM IN SPOTS WHERE TRAFFIC SIGNALS WILL WORK, THAT WAY WE KNOW THAT THESE AT LEAST ARE SPOTS WHERE TRAFFIC SIGNALS WILL WORK WITH THE SPACING OF OUR OTHER TRAFFIC SIGNALS AND SO FORTH.

THE OTHER QUESTION WAS THESE LOTS HERE.

>> THE WAY THIS IS DESIGNED, I DON'T SEE A LOT OF THROUGH TRAFFIC ON THOSE ROADS AS PRIMARILY PEOPLE ARE GOING TO BE LIVING-

>> -ALONG THERE SO I DON'T EXPECT A LOT OF TRAFFIC ON THERE.

>> NO, SO ONE THING WE DO WITH THE DESIGN IS OUR STANDARDS DO NOT ALLOW HOMES TO FRONT ON ROADS THAT ARE GOING TO BE THROUGH STREETS.

THIS IS THE COLLECTOR THAT'S GOING TO GO THROUGH THE NEIGHBORHOOD AND NO HOMES FRONT THAT.

WE MAKE SURE THAT NO HOMES WILL FRONT THAT ROAD AND THEREFORE BE UNHAPPY THAT THERE'S ALL THAT TRAFFIC IN FRONT OF THEIR HOMES.

>> I SEE THREE ROUNDABOUTS.

>> YES, ROUNDABOUTS FOR CONTROLLING TRAFFIC.

THEY'RE SLOWING TRAFFIC ON THIS LONG COLLECTOR ROAD.

WE WANTED TO MAKE SURE THAT THERE'S SOME TRAFFIC CALMING FEATURES INTERMITTENTLY ALONG IT.

THE HOMES THAT ARE HERE ARE IN THE BACK AND THERE'S NO DIRECT ROUTE.

YOU WOULD HAVE TO BE GOING TO ONE OF THOSE HOMES TO DRIVE ON THAT ROAD.

IT'S NO THROUGH ROUTE.

GOING UP HERE WOULDN'T GET YOU TO A SCHOOL, IT WOULDN'T GET YOU TO ANOTHER PART OF THE NEIGHBORHOOD.

IT'D JUST BE THE PEOPLE WHO LIVE ON THAT STREET THAT WOULD DRIVE BACK ON THAT STREET.

TO ANSWER ONE OF THE QUESTIONS BEFORE, JUST TO MAKE IT CLEAR S THIS IS SILVERADO AND AS YOU CAN SEE, NOTHING'S DESIGNED ON THIS SITE TO TAKE SILVERADO IN AND CONTINUE INTO THE NEIGHBORHOOD.

INSTEAD, THEIR CONNECTION IS HERE, AND THIS IS MCCUTCHEN AND MCKINNEY.

THERE'S AN EXISTING STREET OVER THERE ON MCCUTCHEN.

THAT'S WHERE IT LINES UP WITH AND IT IS IN A PROPER SPOT FOR TRAFFIC SIGNAL.

A TRAFFIC SIGNAL CAN BE THERE AND OPERATE SAFELY AND EVEN WHEN THERE'S NOT A TRAFFIC SIGNAL, IT IS AT A SPOT WHERE PEOPLE CAN SEE.

WE MAKE SURE THAT YOU CAN SEE THE PROPER REQUIRED DISTANCE EITHER WAY IF YOU'RE GOING TO GO IN AND OUT OF THAT INTERSECTION AND IT DOES MEET THOSE STANDARDS.

>> JOEL, WHO HAS JURISDICTION OVER CUSTER, IS FRISCO OR MCKINNEY?

>> CUSTER IS A TEXTA ROADWAY, SO WE HAVE TO GET PERMISSION FROM TEXTA FOR A TRAFFIC SIGNAL TO GO IN.

BUT ONCE THE TRAFFIC SIGNAL GOES IN, BECAUSE WE HAVE MORE THAN 50,000 PEOPLE, THEY MAKE US PAY FOR IT, MAINTAIN IT, AND OPERATE IT, BUT THEY HAVE TO GIVE US PERMISSION TO PUT ON IN THERE.

IT IS A TEXTA ROADWAY, IT OPERATES UNDER THEIR PROCEDURES AND SO FORTH, BECAUSE THE STATE AND THE CITY, WE BOTH HAVE TO FOLLOW THE SAME TRAFFIC ENGINEERING CONCEPTS AND SO FORTH.

THEY HAVE TO DO A TRAFFIC SPEED STUDY EVERY THREE YEARS AND WE DO EXPECT THE SPEED LIMIT WILL PROBABLY DROP AS MORE DEVELOPMENT OCCURS BECAUSE THAT'S NORMALLY WHAT HAPPENS.

IT'S WINTER ROAD, IT DOESN'T HAVE A LOT OF DRIVEWAYS AND A LOT OF TURNING ACTIVITY.

SPEED LIMITS ARE UP AT 55, 50 BUT AS MORE DRIVEWAYS ARE BUILT AND MORE ACTIVITY OCCURS, THAT NATURALLY SLOWS TRAFFIC ON THE ROAD AND THEN THE SPEED LIMIT WILL COME DOWN PROBABLY TO 45, WE WOULD EXPECT AS DEVELOPMENT OCCURS.

SAME THING ON MAIN STREET.

IT'S CURRENTLY 55, WHICH IS MORE THINGS GETTING BUILT TEXTA WILL DO A STUDY AND EVENTUALLY THE SPEED LIMIT WOULD PROBABLY DROP TO 45.

>> FOR CITIZENS THAT DON'T KNOW, ON 423 BETWEEN STONY BROOK AND MAIN STREET WHERE FIRST GULL LAKE SAYS THERE WERE SOME ACCIDENTS THERE.

THAT SPEED LIMIT HAS BEEN REDUCED.

IT USED TO BE 55, IS NOW DOWN TO 50.

THERE'S MORE LIGHTS THERE, SO THE ABILITY TO SLOW IT DOWN EXISTS.

IT'S JUST TAKES TIME AND STUDIES AND WHAT JOEL WAS SAYING, AS YOU GET MORE AND MORE PROPERTY AND HOMES AND SO FORTH, THOSE SPEED LIMITS WILL COME DOWN AND GETTING OUT.

I'VE BEEN IN FRISCO FOR 25 YEARS.

SOME OF MY GOOD FRIENDS LIVE IN CUSTER KRIEGER AND I'VE BEEN OVER THERE A LOT AND I USED TO PLAY HEY KENNY ALL THE TIME.

[INAUDIBLE] REMEMBER TWO LANE ROADS AND MAIN STREET TWO-LANE ROAD BUT YOU'LL SEE SOME CHANGES OVER TIME THERE THAT I THINK TO REDUCE THAT SPEED ALONG CUSTER BUT THAT'S NOT SOMETHING THAT WE CAN DO HERE TODAY.

>> WE CAN ARBITRARILY LOWER SPEED LIMITS.

IT HAS TO BE DONE THROUGH A PROPER FEDERAL STANDARD, THAT'S HOW YOU DO IT AND THE STATE AND THE CITY HAVE TO FOLLOW THE SAME PROCESS.

>> FOLLOWING QUESTION WITH THAT. JOEL, CAN EITHER CITY REQUEST THE STUDY AS FAR AS THE TRAFFIC LIGHT?

>> YES BUT FRISCO AND MCKINNEY HAVE AN INNER LOCAL AGREEMENT SO WE CONTROL THE TRAFFIC SIGNALS ON CUSTER UP TO EL DORADO AND THEY CONTROL THE SIGNALS NORTH OF EL DORADO.

IT WOULD GO THROUGH US BECAUSE WE'RE THE CITY THAT HAS TEXTA.

TEXTA HAS ASSIGNED US THE CONTROL OF THE SIGNALS ON THAT STRETCH BUT WE WORKED TOGETHER WELL WITH MCKINNEY IF THEY WANTED TO REQUEST ONE.

[01:00:03]

FOR INSTANCE, WE WORKED TOGETHER ON, SOUTH OF HERE THERE'S GARDENER ON THE FRISCO SIDE, THERE'S PARADISE ON THE MCKINNEY SIDE.

THEY ASK US AND WE'RE LIKE, YEAH, WE AGREE, LET'S TALK TO TEXTA, THAT THING.

WE WORK WELL TOGETHER. IF ONE REQUEST THAT THE OTHER ONE WILL.

>> VERY GOOD. ON THAT INNER LOCAL AGREEMENT, WOULD WE END UP PAYING FOR THAT TRAFFIC LIGHT OR ANY TRAFFIC LIGHTS IN OUR AREA?

>> FROM AN ENGINEERING, ANY OTHER TRAFFIC QUESTIONS AT THIS TIME? I WANT TO ASK AN ENVIRONMENTAL IMPACT QUESTION.

THE FIRST SPEAKER SPOKE ABOUT SOME EROSION AND SO FORTH.

JASON, WHILE YOU'RE COMING UP, IN THE PROCESS, WHEN DO WE LOOK AT THE ENVIRONMENTAL COMPONENTS? IS THAT PART OF THE PRELIMINARY SITE PLAN? WHERE DOES THAT TAKE PLACE?

>> REALLY AT THE TIME THAT THEY STARTED TO DESIGN THE PROJECT WITH THE RESIDENTIAL DEVELOPMENT, COME WITH A PRELIMINARY PLAN.

THAT'S WHERE WE'LL START TO GET THEIR DOWNSTREAM ASSESSMENT AND LOOKING AT HOW THEY'RE HANDLING THE [INAUDIBLE] OVERALL.

ONCE WE GET INTO THE DESIGN, WHAT'S THEIR DISCHARGE? WHAT ARE THE VELOCITIES COMING OUT OF THAT POINT? WE DO HAVE LIMITATIONS ON WHAT THEY HAD TO SEND OR WHAT THEY CAN SEND AS FAR AS VELOCITIES GO.

WE DO REQUIRE ENERGY DISSIPATION AND MAKE SURE IT GETS DISCHARGED INTO THE PROPER AREA.

WE DO LOOK AT EROSIVE VELOCITIES IN THESE AREAS AND CAN REQUIRE ADDITIONAL ARMORING WHERE THEY EXCEED THOSE EROSIVE VELOCITIES.

>> THANK YOU. THERE IS A PROCESS?

>> PART OF THE PROCESS [OVERLAPPING].

>> THROUGH THE DESIGN PROCESS.

>> ONCE I'M DOING MORE CLARIFYING, JASON'S STAY UP THERE, THEY'RE ONLY ADDRESSING THEIR DRAINAGE.

THEY DO NOT TAKE CARE OF [OVERLAPPING] EXACTLY.

>> THE UPSTREAM.

>> CORRECT. THEY HAVE TO ADDRESS THEIR DRAINAGE.

>> BECAUSE WE'VE HAD THIS COME UP ON OTHER PROJECTS AND [NOISE].

>> BUT JOHN, THEY WOULD ADDRESS HOW THE NEW DRAINAGE IMPACTS WHAT'S CURRENTLY THERE.

>> BUT THEY ARE JUST LIMITED TO THEIR SITE.

I WANT TO MAKE SURE WHAT'S HAPPENING OFF-SITE WE CANNOT HOLD THEM ACCOUNTABLE.

>> I WANT TO BE VERY CLEAR ON THAT.

>> BUT THEY'RE PROBABLY MORE WORRIED WHAT CUSTER STATES IT'S GOING TO DO BECAUSE IT'S DOWNSTREAM.

THE GROVES IS GOING TO BE MORE IMPACTED.

IT'D BE THE OPPOSITE.

>> I WANT TO ADDRESS DENSITY BECAUSE I THINK ONE OF THE THINGS, I LIKE THE RETAIL, THE APARTMENT BUFFER, AND THEN HOW THE DENSITY WAS GOING OUT IN GOING TO THE NORTH.

I THINK YOU STACK IT LIKE THAT ON PURPOSE FOR LOTS OF REASONS AND SO FORTH.

WE NEED THE VARIETY OF HOUSING.

JUST I'M GOING TO STATE THAT UNEQUIVOCALLY.

WOULD I LIKE YOU TO KNOW APARTMENTS IN HERE? ABSOLUTELY. BUT WE NEED PATIO HOMES THAT ARE NOW FIVE OR $600,000.

WE NEED DIFFERENT SIZE HOMES.

WHEN WE NEED BIGGER HOMES LIKE THE 7S, 8.5S AND 12.5S.

WE NEED A GOOD VARIETY. THIS PROVIDES THAT.

THE ONE THING I WAS SHOCKED ON WHEN I SAW THIS, I THINK THE GROVE ON THE SOUTH SIDE IS A REALLY GOOD DEVELOPMENT.

IT'S SOLD VERY WELL AND HAS BEEN WIDELY ACCLAIMED.

THIS IS ACTUALLY LESS DENSE THAN THAT. I WAS SHOCKED AT THAT.

I THOUGHT THIS WAS GOING TO BE MORE DENSE, ESPECIALLY WITH LAND COSTS AS HIGH AS THEY ARE.

BECAUSE THE SOUTH SIDE WAS BUILT WHEN LAND WAS A LITTLE BIT CHEAPER.

I DO APPRECIATE WE'RE GOING NOT SIGNIFICANTLY BUT DOWN A LITTLE BIT IN DENSITY FROM WHAT THE GROVE SOUTH HAS EVEN AT A TIME WHERE THE LAND COSTS ARE PROBABLY CLOSE TO DOUBLE.

I THINK THAT'S A GOOD THING.

BUT I DO WANT TO TALK ABOUT THIS BUFFER ZONE.

CAN I UNDERSTAND THAT A LITTLE BIT BETTER BECAUSE THERE WAS SOMETHING ABOUT A 100 FOOT.

IS IT STANDARD AND THESE ARE ALL NEGOTIATIONS FOLKS AND THEY HAVE TO BE LIKE THAT OR WE WOULDN'T NEVER GOTTEN RID OF THE 2,800 APARTMENTS THAT WERE ON THIS PIECE OF LAND.

WE HAVE TO GIVE AND TAKE. WE GOT IT DOWN TO 1,400 AND SOMETHING APARTMENTS AND NOW DOWN.

WE'RE GETTING RID OF 600 APARTMENTS, WHICH PROBABLY IS $20 MILLION TO A DEVELOPER.

THERE'S SIGNIFICANT THINGS BUT I WANT TO UNDERSTAND THIS BUFFER ZONE AND WHAT GIVE AND TAKE WE GOT HERE.

>> SURE. IN THE ORDINATES, WHEN YOU HAVE A TRAIL RUN BEHIND LOTS, THERE'S A REQUIREMENT FOR A 100 FOOT SETBACK FROM THESE RESIDENTIAL LOTS.

WHERE THE 50 FEET CAME FROM,

[01:05:01]

IS THERE WAS A SERIES OF NEGOTIATIONS BETWEEN STAFF AND THE APPLICANT, WHERE THIS BUFFER WAS BEING NEGOTIATED FOR THE PURPOSE OF DRAINAGE REASONS, AND THAT WAS ESSENTIALLY THE ONLY THING ON THE TABLE AT THAT TIME.

THEN IT WAS DETERMINED BY THE PARKS DEPARTMENT THAT PER THE HOCK AND BIKE TRAIL MASTER PLAN, THAT A TRAIL WAS SUPPOSED TO BE THROUGH THERE.

THE APPLICANT WIDENED WHAT WAS BEING DISCUSSED AS A 30 FOOT BUFFER TO 50 FEET TO ACCOMMODATE THE TRAIL.

THE 50-FOOT WAS ACCEPTED, BECAUSE THAT ALLOWED THOSE SF 12.5 LOTS TO STAY, 12.5 LOTS, ESSENTIALLY IF YOU TOOK OFF AN ADDITIONAL 50 FEET, FROM THE BACK SIDE OF THOSE LOTS, I DON'T HAVE THE MATH IN FRONT OF ME, BUT THE LIKELIHOOD OF THOSE BEING 12.5 LOTS MEETING THE DEPTH, THEY WILL NO LONGER BE 12.5 LOTS.

>> THE TRADE-OFF, FOR GETTING TO 50-FOOT VERSUS 75 OR 100 IS GETTING 12.5 FOOT LOTS?

>> AT 12.5, I SHOULDN'T SAY 12.5 FOOT.

>> 12.5 LOTS VERSUS SAY SEVEN OR EVEN MAYBE.

>> YEAH, AND THEN I'LL TELL YOU THAT 100 FEET, IS COMING FROM, THERE BEING A TRAIL THERE, THAT'S WHERE THAT'S COMING FROM.

>> GOT YOU.

>> NOT A BUFFER BETWEEN SINGLE-FAMILY 16, AND SINGLE FAMILY 12.5.

THERE IS NO BUFFER REQUIREMENT THERE, THAT 100 FEET IS JUST BECAUSE THERE'S HAPPENS TO BE A TRAIL IN THERE, WHICH WAS DISCOVERED AT THE THIRD ROUND, I BELIEVE.

WE WERE ABLE TO NEGOTIATE BACK AND FORTH WITH THE APPLICANT TO GET IT UP TO 50 FEET ASIDE FROM A COMPLETE REDESIGN OF THE AREA.

>> MR. HILL TALKED ABOUT TREES.

WHAT'S THE REQUIREMENT ALONG THIS FOR TREES [OVERLAPPING]

>> I'LL JUST TALK ABOUT.

>> IF THERE IS ANYTHING SPECIAL OR DIFFERENT THAN OUR STANDARD?

>> LET ME JUST TALK ABOUT TREES.

I MEAN, I CAN TALK ABOUT THIS AREA SPECIFICALLY, BUT JUST TALK ABOUT TREES IN GENERAL ON THE PROPERTY AND I KNOW WE'VE TALKED THIS TONIGHT ABOUT THE GROUP THAT WE WERE WORKING WITH BEFORE THE DEVELOPER THAT'S AT THE TABLE NOW AND WE'VE ALL LOOKED AT A NUMBER OF PLANS.

THIS PLAN OVERALL IS LOOKING TO PRESERVE A LARGE NUMBER OF TREES ON THE PROPERTY.

THAT IS SOMETHING THAT IS VERY IMPORTANT TO THE DEVELOPER,.

YOU CAN SEE ALL ALONG INDEPENDENCE PARKWAY THERE'S A LARGE BUFFER ALONG INDEPENDENCE, THERE ARE SOME CUT OUTS IN SOME AREAS.

MOST OF THAT IS FOR THE SOLE PURPOSE OF SAVING TREES, SAME THING ALONG CAST ARE OVER IN THIS AREA.

YES, THERE ARE TREES ALONG THIS BUFFER THAT THE APPLICANT IS LOOKING TO PRESERVE AS MUCH AS POSSIBLE.

THEY DID SUBMIT A TREE SURVEY WITH THE ZONING REQUEST AND WE WILL OF COURSE CONTINUE TO REFINE THAT IN THE NEXT STAGE OF THE DEVELOPMENT PROCESS.

UNDOUBTEDLY, WHEN SOME OF THOSE LOTS GO IN AND SOME OF THOSE TREES ARE PROBABLY GOING TO HAVE TO COME OUT.

BUT IT IS SOMETHING THAT IS VERY IMPORTANT TO THE DEVELOPER, NUMBER OF CONVERSATIONS THE CITIES HAD WITH US AND THEY'RE LOOKING TO PRESERVE THE TREES.

>> WITH THE REDUCTION FROM 100 TO 50, AND I UNDERSTAND YOU GUYS ARE STARTING OUT SMALL AND WITHOUT BEFORE THEY FOUND OUT THEY HAD TO PUT A TRAIL AND THEN ACTUALLY WE'RE GOING TO PUT A BUFFER IN NO MATTER WHAT.

>> YES, JUST A LITTLE HISTORY, SO BEFORE THE TRAIL DISCUSSION CAME UP WITH THAT BUFFER FOR THE MOST PART, FOR MOST OF THAT LINEAR FOOTAGE WAS 30 FEET ON THAT.

I THINK IT WAS ON THE EAST END, THEY HAD ALREADY PROPOSED 50 FEET FOR THE PURPOSE OF SAVING SOME TREES, BUT IT WAS 30 FEET.

THERE WAS A SERIES OF NEGOTIATIONS OF BACK AND FORTH BETWEEN THE APPLICANT AND THE CITY AS TO THAT BUFFER AND HAVE THE CONCERN FROM SET UP PRINCIPLES

[01:10:02]

AND NOT WANTING IT TO BE THIS NO MAN'S LAND AND WHAT'S THE RIGHT ANSWER? THEN ULTIMATELY, IT WAS DISCOVERED BY THE PARKS DEPARTMENT THAT FOR THE PLAN THERE NEEDED TO BE A TRAIL BACK THERE, SO TO GET THE TRIAL IN THERE THEY WIDENED THE WHOLE THING TO 50 FEET.

>> LET'S SAY THAT IT'S ALL SCRUB BRUSH OUT BACK THERE, AND THERE'S NO TREES ON THAT 50 FOOT BUFFER.

WHAT WOULD THEIR REQUIREMENT BE TO PLANT TREES? WHAT I WANT TO UNDERSTAND IS, HOW CAN WE IN HIS PD MAKE SURE THAT THIS IS A BEAUTIFUL CORRIDOR, AND BLENDS WELL INTO THE CLUSTER CREEK,? WITHOUT GOING INTO A 100 FOOT AND I DON'T WANT TO GET RID OF THE 12.5, BECAUSE I THINK THAT'S JUST AS IMPORTANT.

BUT HOW DO WE PRESERVE? CAN I ASK THE APPLICANT TO DO SOMETHING? WHAT WOULD BE APPROPRIATE TO MAKE SURE THERE'S ENOUGH TREES THERE TO HAVE A NICE WALKWAY?

>> YEAH. AGAIN, THOSE ARE DISCUSSIONS THAT WE'RE GOING TO HAVE THROUGH THE DEVELOPMENT PROCESS ABOUT WHAT WE CAN AND CAN'T DO IN THAT AREA.

LIKE I SAID EARLIER WITH THE EARLY ON DISCUSSIONS THAT AREA IS USED FOR DRAINAGE, SO THERE WILL BE SOME DRAINAGE EASEMENT.

WE'VE TALKED ABOUT THE GAS DENIED, THE FEASIBILITY OF WHAT CAN AND CAN'T BE DONE.

I DON'T KNOW OFF THE TOP OF MY HEAD.

>> FROM THE NEXT STAGE WHEN THEY GO TO THE TOTAL COMPLETE PLAN.

>> LOOKING AT IT.

>> WHEN THEY SUBMIT THAT THEY'RE REQUIRED TO WORK WITH PARKS TO MARK THE LOCATION OF THE TRAIL, AND SO PARKS HAS DONE A GOOD JOB AS FAR AS DOING AS MUCH AS YOU CAN TO PRESERVE TREES.

>> AT THAT POINT ARE WE ALLOWED TO SAY, OKAY, WE NEED MORE TREES ALONG THIS? WE CAN'T, WE HAVE IT IN THE PLANNED DEVELOPMENT.

IF WE'RE GOING TO REQUIRE A CERTAIN AMOUNT OF TREES, IT HAS TO BE IN THIS PD, ALONG THAT BUFFER. I'M ASKING?

>> WELL, IT'S LIKE WE ARE ALL COMING UP WITH AN EXHIBIT.

LET ME MENTION THIS, AND JUST LOOKING AT THE AERIAL THERE'S QUITE A BIT OF TREE COVER.

I DON'T KNOW WHAT TYPE OF TREES THOSE ARE.

BECAUSE TYPICALLY ALONG THE PROPERTY LINE IT'S TYPICAL FENCE, ROW OF TREES.

I DON'T KNOW IF THAT'S THE CASE HERE.

BUT WE HAVE THESE LOTS AND BASED ON THE LOT SIZE, IT DETERMINES THE NUMBER OF TREES THAT NEED TO BE PROVIDED.

ONE OF THOSE TREES WILL COUNT TOWARDS THE STREET TREE, THEN I THINK THESE REQUIRE PROBABLY THREE TO FOUR TREES SO THEY HAVE TO DO ON THE PROPERTY.

UNDOUBTEDLY A TREE WILL AT LEAST GET PLANTED ON THE REAR OF EACH ONE OF THESE LOTS.

>> AT SOME POINT WE CAN WAIT, I'VE HAD OPEN DIALOGUE WITH THE REST OF THE COMMISSION.

I HAVE SOME THOUGHTS ON THIS, OPEN SPACE BACK HERE.

>> MY OBJECTIVE IS TO MAKE THIS AS GOOD A WALKWAY AS POSSIBLE.

I JUST DON'T KNOW WHAT TO ASK THE DEVELOPER TO DO AT THIS POINT FROM A PD PERSPECTIVE, SO LET'S HAVE AN OPEN DIALOGUE HERE, SO WE SHOULD HANDLE THOUGHTS.

>> JUST SOME THOUGHTS AND HOPEFULLY IS NOT TOO LENGTHY.

WELL, I APPRECIATE ALL THE COMMENTS HAVE BEEN MADE AND I EVEN KNOW SOME OF THE PEOPLE THAT SPOKE AND VERY RESPECTFUL OF YOUR THINGS THAT YOU SHARED.

I THINK WHO'S NOT HERE ARE THE FUTURE RESIDENTS OF THOSE 12.5.

I LIVE VERY CLOSE, I ACTUALLY LIVE RIGHT ACROSS THE STREET FROM HERE.

I THINK IT'S VERY COMFORTABLE TO SAY, THESE ARE GOING TO BE TWO MILLION DOLLARS HOMES.

THAT'S PROBABLY THE CHEAPEST ONE HERE.

IF I THINK SOMEONE'S GOING TO TWO MILLION DOLLAR HOME, I THINK THEY'RE MORE WORRIED ABOUT, WELL, WHAT'S GOING TO BE BLOCKING MY OUTSIDE? IT'S NOT JUST YOUR SIDE GOING, HEY, WE WANT TO MAKE SURE THAT THERE'S A BUFFER.

I WOULD GUESS THE SAME ONES THAT WILL BE BUYING THESE TWO MILLION ARE GOING, WHAT'S GOING TO BE OUR BUFFER? I WOULD ASSUME THERE'S GOING TO BE AN INVESTMENT, AGAIN, THAT'S ASSUMPTION, BUT THEY'RE GOING TO WATCH SCREENING IF IT'S INTERNALLY WITHIN THEIR PROPERTY LINES.

I THINK THEY'RE GOING TO WANT THAT FROM THAT BUFFER AND I'VE BEEN ON THIS SIDE OF TOWN FOR FOUR YEARS AND JUST MOVE ACROSS THE STREET A YEAR AGO.

BUT FOR FIVE YEARS I WAS ON THE OTHER SIDE SOMEWHERE IT'S CALLED FRISCO OR CHRISTIE RANCH ESTATES.

BIGGER IS NOT ALWAYS BETTER, BECAUSE RIGHT NOW YOU'VE GOT A 50-FOOT BUFFER AND THAT'S GOOD FOR WALKING TRAIL.

THERE'S A NEIGHBORHOOD OVER THERE AND I PULLED IT UP THEY ARE ABOUT 150 FEET AND IF YOU ASK THE PEOPLE THAT BACKUP TO IT THEY DON'T LIKE IT.

THE REASON WHY ONCE YOU GET LARGER, IT NOW BECOMES A PLAY AREA.

RIGHT NOW IT'S A WALKING TRAIL.

IT'S MOVING PEOPLE GOING BACK AND FORTH.

WHEN YOU GET BIG, WE'VE GOT ALL THESE YOUTH IN THE NEIGHBORHOOD AND THE REASON WHY THEY SAID THEY DON'T LIKE IT, IS FFL FOOTBALL, BASEBALL LEAGUE, EVERYONE'S LOOKING FOR A PLACE TO PRACTICE.

[01:15:02]

>> SOCCER.

>> SOCCER AND SO NOW, BECAUSE THEY GOT THAT A 150 FOOT BUFFER, THEY SAY THERE'S ENDLESS KIDS OUT THERE KICKING BALLS OVER, SCREAMING, PLAYING LATE, AND SO BIGGER IS NOT ALWAYS BETTER.

I AM NOT SAYING THAT MEANS YOU NEED TO AGREE WITH THAT.

BUT I WOULD JUST CAUTION, I THINK THAT IT'S A SOLID BUFFER BETWEEN THE TREES THAT YOU HAVE AND IF I HAD TO GUESS THE 12.5 WILL BILL.

IN MY OPINION, I THINK THIS IS RIGHT THERE DOWN THE MIDDLE.

JUST UNDERSTAND BIGGER COULD CAUSE MORE PROBLEMS. GENTLEMEN THAT'S JUST SOME OF MY THOUGHTS.

>> I APPRECIATE THAT. ANY OTHER COMMENTS ON THE TREES OR THIS BUFFER THING?

>> CAN I MAKE A COMMENT JUST ON THE BUFFERS SO WE CAN STAY ON THE SAME TOPIC HERE.

JONATHAN, I SHOULD'VE ASKED THIS EARLIER BUT THE NORTH-SOUTH TRAIL THAT RUNS BETWEEN THE TWO NEIGHBORHOODS TO THE NORTH, THIS BUFFER TRAIL WILL CONNECT INTO THAT NORTH-SOUTH TRAIL, CORRECT?

>> CAN YOU EYEBALL OR TELL US WHAT THE SIZE OF THAT BUFFER AND WHAT SIZE THAT TRAIL IS ON THE WEST SIDE OF THE NEIGHBORHOOD?

>> THIS TRAIL IS AT 12 FOOT TRAIL.

>> [OVERLAPPING] IS THIS THE ONE RIGHT IN THE MIDDLE, THAT SEPARATES TO THE.

>> GOING NORTH, JUST TO GIVE A FRAME OF REFERENCE TO THE RESIDENCE OF THE EXISTING NEIGHBORHOOD.

>> TURN AROUND UP HERE?

>> ANY IDEA OF WHAT THE WIDTH IS OF THAT.

>> WHAT THE WIDTH IS OF THAT BUFFER?

>> NO, THE TRAIL. YOU ARE ASKING THE BUFFER OR THE TRAIL?

>> THE BUFFER, I'M SORRY. YEAH, JUST TRYING TO GIVE AN IDEA BECAUSE, NOW THEY'LL HAVE A BUFFER [OVERLAPPING].

>> THE BUFFER IS 100 FEET.

>> I'M SORRY?

>> THE BUFFER IS 100 FEET.

>> THAT BUFFER IS A 100 FEET. OKAY.

>> I SHOULD BE A 12 FOOT SIDEWALK AS WELL.

>> AT BUFFERED.

>> IT'S AN EIGHT-FOOT TRAIL.

>> I GUESS EIGHT OR NINE.

>> EIGHT FOOT.

>> I THINK IT'S EIGHT.

>> IT IS PROPOSED THE BLUE LINE HERE IS SHOWN TO BE 12 FEET.

IT'LL BE 12 FEET THROUGH THIS DEVELOPMENT, BUT THIS IS MEASURING AT EIGHT.

>> FURTHER TO THE NORTH OFF OF THIS PROPERTY, IT'S EIGHT FOOT AND IT'LL TURN INTO A WIDER 12-FOOT GO INTO [OVERLAPPING].

>> IT'S A TWELVE FOOT TRAIL AS SHOWN ON THIS EXHIBIT HERE.

>> WHAT'S THE PROPOSED WIDTH OF THE TRAIL GOING EAST-WEST BEHIND THESE HOMES HERE?

>> EIGHT FEET.

>> EIGHT FEET. IT WOULD BE THE SIMILAR TRAIL TO WHAT'S EXISTING ON THE WEST SIDE OF THE NEIGHBORHOOD?

>> ON THE TREES THAT ARE THERE, IF ANY TREES GETTING REMOVED, WHOSE RESPONSIBILITY? WOULD ANY OF THEM HAVE TO BE REPLACED INSIDE THAT BUFFER?

>> THAT DEPENDS.

>> WELL THAT'S OKAY.

>> IT'S ON OUR TREE MITIGATION, [OVERLAPPING] IF THEY'RE PROTECTED TREES AND THEY ARE SIX INCHES OR LARGER THEN YES.

IF THEY WERE MOVED, THEY HAVE TO BE MITIGATED FOR.

WE DON'T REQUIRE THAT THEY HAVE TO STAY IN PLACE, AND SO DEPENDING ON THE SIZE, THE LARGER THE CALIPER INCH, THE GREATER YOU HAVE TO MITIGATE FOR.

>> BUT THAT COULD BE MITIGATED ELSEWHERE ON THE PROPERTY?

>> IS THAT A DISCUSSION THAT WE COULD HAVE THAT THE MITIGATION CAN IT BE TARGETED MITIGATION TO WHERE THEY WERE MOVING IN THAT AREA AND EITHER ENCOURAGE OR REQUIRE THAT THE MITIGATION BE DONE ALONG THAT SAME BUFFER.

>> WELL, WE CAN WORK WITH THE DEVELOPER ON THAT.

ANYTIME TREES ARE PLANTED WE'RE MAKING SURE THAT THERE'S ROOM FOR IT.

WHERE IS THAT GAS LINE JONATHAN? I ASKED JONATHAN TO PULL UP WHERE THAT GAS LINE IS AND IT SHOWS US BACK THERE SOUTH OF CUSTER CREEK.

BUT WHERE EXACTLY IS IT? I DON'T KNOW THAT FOR SURE.

>> NOT FULLY KNOW UNTIL YOU DIG.

[LAUGHTER] STAYING ON THE BUFFER, JONATHAN. I THANK YOU FOR THAT, JOHN.

IF THE CURRENT RESIDENTS THAT ARE GOING TO BE BACKING UP TO THIS BUFFER AND A FUTURE TRAIL, IF THEY WANTED TO CONNECT FROM THEIR BACKYARDS TO THAT TRAIL, IS THERE ANYTHING PROHIBITING THEM FROM ADDING THE GATE IF THEY WANTED TO AND HAVING A DIRECT CONNECTION TO THAT NEW TRAIL?

>> I DON'T KNOW ANYTHING PREVENTING THEM FROM PUTTING [OVERLAPPING]A FENCE [OVERLAPPING] IN THEIR YARD.

>> THAT WILL BE DEDICATED TO THE CITY, RIGHT?

>> THAT'S CORRECT.

>> SO THEY MIGHT BE PUTTING A GATE OUT TO THAT TRAIL?

>> THAT WILL BE CITY MAINTAINED NOT HOA MAINTAINED.

>> THAT'S RIGHT.

>> SO THEIR NEW NEIGHBOR TO THE SOUTH WOULD BE A 50-FOOT CITY-OWNED PIECE OF LAND?

>> CITY MAINTAINED.

>> [OVERLAPPING] CITY MAINTAINED.

>> WOULD THEY BE DEDICATED TO THE CITY?

>> NO, IT WOULD BE AN HOA LOT, BUT THERE'S AN EASEMENT OVER IT.

>> HOA LOT WITH A CITY EASEMENT MAINTAINING IT.

>> THEY'RE GOING TO BE USED FOR DRAINAGE?

>> YES. BUT THE CITY IS GOING TO MAINTAIN IT.

[OVERLAPPING] THAT'S ONE OF THE POINTS. [OVERLAPPING]

>> WE'RE NOT PUTTING THE DRAINAGE ISSUE ON?

>> YEAH, THE CITY IS RESPONSIBLE FOR ALL OF THAT.

[01:20:04]

>> THE NEIGHBORS TO THE NORTH WOULD NOT BE NECESSARILY THE MERCY OF ADJACENT HOA IF THEY HAD CONCERNS ABOUT DRAINAGE ON THAT NEW BUFFER?

>> THAT WOULD BE ON THE CITY.

>> THEIR CONCERNS ABOUT THE MAINTENANCE OF THE TRAIL, THE MAINTENANCE OF THE CLEAN UP THE TRASH, ALL OF THAT, THEY'D BE ABLE TO GO DIRECTLY TO THE CITY [OVERLAPPING].

>> TO THE CITY.

>> TO ADDRESS THOSE.

>> CHAIR I DO HAVE A QUESTION FOR THE APPLICANT ABOUT THE TREES ON THE NORTH SIDE.

I'M NOT SURE WHO IS BEST TO ADDRESS.

APPRECIATE, YOU'VE HEARD A LOT OF QUESTIONS AROUND THE BUFFERS, A LOT OF QUESTIONS AROUND THE TREES.

THERE'S A QUESTION AROUND WHAT TYPE OF TREES ARE THERE, THESE, JOHN, I FORGOT WHAT TERM YOU USED.

>> ARE THEY PROTECTED TREES?

>> OH NO, YOU DIDN'T SAY PROTECTED, YOU SAID [OVERLAPPING].

>> FENCE ROW TREES.

ARE THESE TREES THAT WILL EVENTUALLY, IF THEY WERE THERE ANOTHER 20 YEARS, THEY'D HAVE TO BE REMOVED BECAUSE OF LIFE ANYWAYS.

WHAT'S THERE AND IS IT DENSE? IS IT NOT DENSE? I HAVE NOT WALKED THIS PART OF THE PROPERTY.

>> PARTICULAR TYPES OF TREES, DO WE KNOW THE ANSWER TO THAT?

>> THEY ARE MAINLY [OVERLAPPING].

>> YES, OF COURSE.

>> PLEASE COME UP.

>> YOU WOULD HAVE TO COME UP TO HERE AND YOU'D HAVE TO FILL OUT A SPEAKER PART AS WELL WHEN YOU'RE DONE. THANK YOU. [LAUGHTER].

>> NO. IT'S OKAY.

>> HI. BRYAN ADAMS, DALLAS, TEXAS 9454 SPRING WATER.

>> THAT'S SOMEONE KNOWS.

I'M A LANDSCAPE ARCHITECT WORKING ON THIS PROJECT.

THE TREES HERE, AND I'M TALKING OFF THE TOP OF MY HEAD, BUT THEY'RE MAINLY HACKBERRIES AND LIKE JOHN SAID, THEY'RE MAINLY FENCE ROW TREES.

THERE'S JUST A MIX OF SOME ASH, BUT A LOT OF HACKBERRIES AND THINGS LIKE THAT.

>> WERE THOSE HACKBERRY TREES THAT YOU WOULD NORMALLY TRY TO PRESERVE, ARE THEY MOVABLE?

>> THEY'RE NOT REALLY MOVABLE BUT AS A LANDSCAPE ARCHITECT, ANY TREE IS LIKE ANY TREE AND OUR NAME OF OUR PROJECT IS THE GROWTH.

SO WE'RE TRYING TO SAVE AS MANY TREES AS WE CAN BECAUSE AS YOU KNOW, A LOT OF THIS IS COTTON FIELDS OR ORGAN FIELDS AND SO THERE'S NOT A LOT OF TREES AND OUR NAME IS THE GROWTH.

SO WE'RE TRYING TO SAVE ALL THE EXISTING TREES AND WE'RE PLANTING SIGNIFICANT TREES ACROSS THE ENTIRE SITE.

>> THANK YOU, BRIAN.

>> BRYAN ADAMS, I THINK HACKBERRIES ARE ALSO KNOWN AS TRASH TREES.

>> NOT FOR ME.

>> NOT TO ME EITHER. [LAUGHTER].

>> NOT FOR ME.

>> IT'S A LANDSCAPE ARCHITECT.

>> IT'S A LANDSCAPE.

>> BUT THEY DON'T FIT THE TREE SPECS THAT WE HAVE IN OUR DEVELOPMENTS.

>> SO LET ME KICK THIS OUT, JUST THINKING.

WHEN YOU DO HAVE THE SO-CALLED TRASH TREES, [OVERLAPPING] I USE THEM, I'LL PERSONALLY USE IT.

AFTER THEY DO BLOW DOWN THE WINDS, YOU LOOK AT RICH WOODS.

WE HAD A NUMBER OF THOSE ALONG [INAUDIBLE].

ABOUT EVERY YEAR, ONE OR TWO FALLS DOWN AND IT WAS CARTED OFF.

IT'S GETTING QUALITY TREES UP FOR AND THAT'S GOING TO LAST LONGER.

PROPOSE I'LL PUT IT OUT THERE IF THAT'S SOMETHING THAT YOU ALL WANT AND THIS IS FOR SOMETHING FOR TIM TO CONSIDER.

BUT MAYBE ALONG THAT TRAIL, DEPENDING ON WHERE THAT GAS LINE IS, IF THAT GAS LINE IS SUCH THAT IT PREVENTS INSTALLING TREES, THEN THEY CAN'T BE INSTALLED.

BUT MAYBE TRY AND DO TREES ON BOTH SIDES, MAYBE 35 FEET ON CENTER.

THEY'RE GOING TO HAVE MITIGATION COSTS ON THIS BECAUSE THEY'RE NOT GOING TO BE ABLE TO PRESERVE ALL THE TREES.

THAT COULD BE SOMETHING THEY COULD DO.

THE THREE INCH CALIBER TREES BACK THERE ON 30 FEET, 40 FOOT CENTERS BACK THERE.

LIKE DOING OFFSET INSTEAD OF HAVING THEM RIGHT NEXT TO EACH OTHER.

BUT THEY ALSO PROVIDE SHADE ON THE TRAIL.

I THINK THAT'S AGAIN SOMETHING CUSTER CREEK WANTS.

IT'S AGAIN SOMETHING, I THINK YOU'RE ALL LEANING TOWARDS, SO PUT THAT PROPOSAL OUT THERE AND SO LET'S SEE IF TIM AGREES TO IT AND YOU ALL AGREE AND SEE WHERE IT GOES.

>> YOU WOULD PUT IN THE PD?

>> YEAH. WE WOULD PUT THAN IN [OVERLAPPING].

>> JIM, THAT'D BE SOMETHING THAT YOU GUYS WILL BE WILLING TO DO.

>> WE ARE MORE THAN WILLING TO TAKE A LOOK AT THIS.

YES. FIRST OF ALL, I WANT TO THANK THE CUSTER CREEK RESIDENTS FOR THEIR COMPLIMENTS ON THE PLAN.

WE'RE VERY PROUD OF IT AND PROUD OF WHAT IT IS.

WE'VE WORKED VERY HARD TO TRY TO CREATE THE RIGHT BUFFER AND THE RIGHT OPPORTUNITY BEHIND THE FS 12.5 LOTS, THOSE ARE 95 FEET WIDE, THEY ARE ROUGHLY 1/3 ACRE EACH.

THERE IS A SIGNIFICANT AMOUNT OF TREES AND TREE GROWTH THAT EXISTS BEHIND THERE AND WE WANTED TO PRESERVE THAT.

WE ALSO WANTED TO PRESERVE THE CORNER THERE.

WHAT IS THAT 0620? THE FAR NORTHEAST CORNER OF THAT PROPERTY AND THE GROWTH THERE.

[01:25:05]

AS IT APPLIES TO THE TREE MITIGATION AND ADDING NEW TREES OR WORKING THROUGH A PRIORITIZING THE AREA IN THAT BUFFER ZONE AS WE MITIGATE, THAT IS SOMETHING THAT WE WOULD LOOK AT. YES.

>> JUST TO ADD ONE POINT TO THAT, THE THREE HOUSES ON THE SOUTHWEST CORNER OF CUSTER CREEK FARM, AS WE GET TOWARDS THE WESTERN END OF THOSE 12.5 LOTS, THE TREE COVERS THERE DOES THIN OUT SIGNIFICANTLY ALONG THERE.

NOT ASKING FOR A COMMITMENT THERE, JUST TO KEEP THAT IN MIND.

THAT'S ALREADY WHERE THE FEWEST TREES ARE, SO I'D BE MOST CONCERNED ABOUT THOSE THREE HOMEOWNERS THERE.

JUST KEEPING THAT IN MIND, THAT THEY'RE STARTING WITH THE FEWEST TREES BETWEEN THEM AND THE HOUSES.

>> UNDERSTOOD.

>> ONE THING I WANT TO ADD TO THIS.

THIS THING ABOUT THE TREE COVERAGE, I THINK TIM WOULD BE AGREEABLE TO IT.

WHAT I MENTIONED TO THE HOMEOWNERS IS, TO INSTALL NEW TREES ALONG THERE, WE HAVE EXISTING TREES.

I'LL JUST TELL YOU SOME OF THOSE MAY HAVE TO BE THINNED OUT AND SO MAYBE EACH PROPERTY OWNER TO SAY," HEY, DO YOU WANT THAT TREE REMOVED?" IF THEY DON'T WANT IT REMOVE, YOU JUST LEAVE IT AND THEN THAT'S WHAT'S THERE.

BUT LOOK AT THAT PARTICULAR TIME.

BUT WHEN YOU DO HAVE EXTENSIVE TREES THERE, AND TRYING TO ISSUE ON A NEW TREE THERE, IT'S CHALLENGING.

>> I DON'T KNOW THAT WE NEED TO PUT SOMEBODY IN THE PLAN DEVELOPMENT.

I THINK WE CAN JUST GIVE YOU DIRECTIONAL GUIDANCE BECAUSE THIS CAN GET STOPPED AT SEVERAL SPOTS DOWN THE ROAD.

THIS IS MY THOUGHT, BECAUSE I CAN'T COME UP WITH A WAY THAT SAYS CONDITIONED ON GASEOUS MEANT AND WHAT EXISTING TREES ARE LEFT [OVERLAPPING] I JUST THINK IT'S VERY DIFFICULT TO CONDITION THAT IN A WAY.

>> I'M ENVISIONING THE FLOWCHART WITH LOTS OF TRIANGLES.

>> LOTS OF TRIANGLES IN A FLOWCHART.

>> WHILE YOU'RE HERE, THANK YOU, AND I COMPLIMENT AS WELL.

WHEN I STARTED LOOKING AT THIS PD PROPOSAL AND I SAW ALL THE POCKET PARKS AND I SAID, NO, ARE THESE JUST UNMONETIZED POCKET PARKS? THEN I STARTED DIVING DEEPER AND SAW NO, THESE ARE HEAVILY UNMONITIZED AND THESE ARE ACTUALLY USABLE BECAUSE WHEN YOU'RE IN A DEVELOPMENT THAT HAS THESE AMOUNT OF PATIO HOMES AND SUCH, YOU WANT SOMEPLACE FOR PEOPLE TO GATHER, YOU'RE HAVING THE PATIOS, THE STOOPS WHERE PEOPLE WILL SEE EACH OTHER HOPEFULLY, MAYBE NOT ON 105 DEGREE DAY.

I CAN'T BELIEVE WE HAVE THAT IN MAY, BUT THEN I MONETIZED.

THEN I ASKED A QUESTION, AND I SAID, SO JOHN, HOW DO WE ENSURE, BECAUSE WE HAVE TRUST IN THE DEVELOPER, BUT WE ALSO WANT TO BACKUP TRUST WITH CONTROLS.

I'M A RISK CONTROL GUY.

WITH CONTROLS TO ENSURE THAT THESE PARKS ARE BUILT AND ARE MONETIZED.

WE BUILT IN THE PD LANGUAGE, THE ABILITY FOR THE CITY BASED ON BUILD-OUT OF THE NEIGHBORHOOD TOO, IF THE AMENITIES ARE NOT BUILT, THEN THE DEVELOPERS REQUIRED TO ESCROW THAT MONEY WITH THE CITY SO THEN THE CITY WOULD POTENTIALLY TAKE OVER THE DEVELOPMENT OF WITH THOSE ESCROWS MONIES.

I MAY HAVE SAID THAT A LITTLE INCORRECT, TAKEOVER, SO DON'T USE THAT FOR THE RECORD [LAUGHTER] BUT I DO HAVE A QUESTION ON THAT SAME FRONT IS THE MULTI-FAMILY.

HOW CAN YOU ASSURE ME AS A COMMISSIONER, THAT YOU'RE NOT GOING TO GO BUILD THE MULTI-FAMILY AND LEAVE.

WOULD YOU BE WILLING TO PUT ANY PHASE AND TO SAY YOU WOULD BUILD X BEFORE THE MULTI-FAMILY, IT'S A HARD MARKET TODAY, I UNDERSTAND.

BUT WOULD YOU BE WILLING TO, YOU'LL PUT IN X SINGLE-FAMILY AT THE SAME TIME AS THE MULTIFAMILY? OR YOU AGREE NOT TO RECEIVE A CEO ON YOUR MULTI-FAMILY UNTIL YOU HAVE SO MUCH UNDER CONSTRUCTION ON THE SINGLE-FAMILY SIDE, IS THERE ANYTHING THERE THAT YOU'D BE WILLING TO NEGOTIATE?

>> WELL, I THINK THE ECONOMICS OF THIS AND THE ECONOMICS OF WHAT WE'RE PROPOSING WITH THIS AND AS IT WAS MENTIONED, WE HAVE REDUCED THE DENSITY AS WE'VE GONE THROUGH THIS PROCESS.

WE'RE PRIMARILY A SINGLE-FAMILY DEVELOPER.

OUR MOTIVATION IS ON THE SINGLE-FAMILY SIDE.

WE ARE WORKING THROUGH THE PHASING NOW OF HOW WE WILL DO THAT.

IT WILL BECOME AN ACCESS ISSUE IN TERMS OF HOW THE MULTI-FAMILY WILL INTEGRATE INTO THE DEVELOPMENT OF THAT.

BUT YOU'LL SEE ROOFTOPS BEFORE YOU SEE MULTI-FAMILY.

DOES THAT ANSWER THE QUESTION?

>> IT DOES, BUT IS THERE ANY WAY IN THE PD TO SAY YOU AGREE TO THAT AND YOU'RE BOUND BY THAT?

[01:30:03]

IS THERE ANYTHING YOU'D BE WILLING TO NEGOTIATE THERE, OR ARE THERE TOO MANY MARKET FORCES?

>> I THINK SOME MARKET FORCES AND SUCH, AND JUST THE OVERALL ECONOMICS OF HOW THIS WILL DEVELOP OUT LENDS ITSELF COMPLETELY TO WHAT YOU'VE SUGGESTED.

THERE'S NO REASON TO MAKE AN AMENDMENT OR AN ADDITION TO THE PD TO DO THAT.

>> I THINK ALONG THAT FRONT, I'VE SEEN PHASING ON WHEN WE GIVE MULTI-FAMILY RIGHTS WHEN WE'RE TRYING TO GET OFFICE.

BECAUSE THERE'S A TOTALLY DIFFERENT DYNAMIC THERE, I HAVE NOT SEEN ANY PHASING IN A PRIMARY SINGLE-FAMILY DEVELOPMENT ALONG THAT LINE.

IF THIS HAD 1,000 APARTMENTS IN MULTIPLE AREAS, I CAN SEE US TRYING TO DO THAT.

I THINK, WHEN WE LOOK AT THE RAIL HEAD, WE PUT PHASING IN THERE FOR A REASON.

I THINK IT MAKES LESS SENSE IN A PRIMARILY SINGLE-FAMILY BECAUSE IF THEY BUILT THE APARTMENTS AND THE ONLY REASON WHY THEY WOULD NOT BUILD SINGLE-FAMILIES IS THEY WENT BANKRUPT OR SOMETHING.

>> I THINK YOU MAKE A POINT AND I APPRECIATE YOUR COMMENTS AS WELL IN THAT, WHERE THERE IS MULTI-FAMILY AND I AGREE WITH THE CHAIRMAN'S COMMENT EARLIER THAT I'D PREFER THEY'RE NOT BEING MULTI-FAMILY, BUT I'M HAPPY THEY'RE NOT 1,500 UNITS OF MULTI-FAMILY HERE.

THIS IS A SINGLE-FAMILY DEVELOPMENT AND WE'RE GOING TO TIE IT DOWN WITH A PD TO REDUCE THAT.

EVEN IF, LET'S SAY THE WORST HAPPENS AND THAT'S THE ONLY THING THAT IS ABLE TO BE BUILT HERE.

WELL, WE HAVE A PD THAT REDUCE THE AMOUNT OF MULTI-FAMILY TO THAT NUMBER, SO WE COULD HOLD WHOEVER THE NEXT INDIVIDUAL IS TO THOSE TYPE OF NUMBERS.

>> THERE WOULD NEVER BE MORE THAN 425 APARTMENTS BUILT HERE.

>> EXACTLY.

>> TODAY THERE COULD BE 800 MORE.

>> I'M OKAY WITH YOUR COMMENTS, SO THANK YOU.

>> THANK YOU. I THINK THAT'S ALL THE QUESTIONS I HAVE AT THIS TIME, SO I'LL OPEN UP TO COMMISSIONERS. COMMISSIONER KELLY.

>> I AM VERY HAPPY WITH THIS PLAN.

I'VE REALLY LIKED THE REDUCTION AND THE DENSITY OF APARTMENTS.

I LIKE THE LAYOUT OF THE SINGLE-FAMILY NEIGHBORHOODS AND I APPLAUD YOU FOR BRINGING THIS FORWARD, THANK YOU.

I KNOW IT WAS A LOT OF HARD WORK WITH BOTH THE STAFF AND YOUR TEAM, SO THANK YOU FOR THAT.

>> IT'S BEEN A PLEASURE.

>> I'M MOVING DOWN THE END. COMMISSIONER KAM

>> YES. THE ORIGINAL ZONING ON HIS CASE WAS 1982, IS THAT CORRECT SEAN?

>> I'VE TO GO, I APPROVED THE ZONING CASES.

>> WELL, THAT'S WHAT YOU HAVE ON THE WRITTEN REPORT, SAYS, 1982.

THAT'S WHERE THE STONE TABLET GO BACK TO. STONE TABLETS.

[LAUGHTER] I HOPE THAT THE CITIZENS THAT LIVE IN THE LARGE SLOTS TO THE NORTH, CUSTER CREEK FARM, WE'LL APPRECIATE THAT THE CITY IS TRYING TO WORK WITH AN EXISTING ZONES SITE AND TRYING TO DO THE BEST THEY CAN TO MAKE THE BUFFER IS.

I LIKE THE TERM THAT CHAIRMAN COX USED ABOUT MAKING THAT A BEAUTIFUL TRAIL WALKING AREA BETWEEN THE NEIGHBORHOODS THERE, BUT THE CITY IS DEALING WITH A VERY DENSE ZONING THAT WAS ISSUED IN 1982.

ALL OF THE HOUSES THERE, THE NINE HOUSES THAT BACKUP TO, WERE ALL BUILT AFTER THAT ZONING WAS DONE, SO IT DOESN'T MAKE ANYONE FEEL ANY BETTER ABOUT IT, BUT THAT'S JUST AS THE REALITY IS THAT ALL THOSE HOUSES WERE BUILT STARTING IN '83.

FOUR OF THEM WERE BUILDING THE '80S AND FOUR OF THEM WERE BUILT IN THE '90S.

I HOPE THAT THEY WILL END UP HAVING GOOD NEIGHBORS THERE AND THEY WILL TURN OUT THE BEST THEY CAN, GIVEN THAT IT'S ALREADY SOMETIMES ZONING IS GOING TO BE THERE.

MY NEXT QUESTION IS FOR THE APPLICANT.

CAN YOU JUST SPEAK QUICKLY ABOUT THE CONNECTIVITY BETWEEN THE SINGLE-FAMILY HOMES MERGING TO THE MULTI-FAMILY THROUGH THE MULTI-FAMILY OVER TO THE COMMERCIAL.

IS A ZONING ALREADY EXISTS, AND SO WE'RE GOING TO PROBABLY END UP WITH MOSTLY TRADITIONAL RETAIL CAR CENTRIC PEOPLE DRIVING OFF CASTROL AND OFF OF MAIN AND PARK AND THEN DRIVE OUT.

ANY THINGS THAT YOU'RE TRYING TO DO TO JUST IMPROVE THE CONNECTIVITY AND WORKABILITY AMONG YOUR RETAIL BUILDINGS AND YOUR APARTMENTS AND SINGLE-FAMILY?

>> THERE IS. JONATHAN IS THERE A BRING SPACE? GO BACK ONE. I THINK THIS WILL SHOW IT BEST AND IF I CAN WRITE ON HERE, THERE'S AN OPEN SPACE.

DO I HAVE TO HIT? [OVERLAPPING] THERE WE GO.

OPEN SPACE AREA HERE,

[01:35:03]

THERE IS WALKWAYS THAT COME DOWN THROUGH HERE.

THERE'S AN ENTRANCE IN THIS AREA HERE AS WELL.

THIS IS DESIGNED TO BE A RESTAURANT AREA HERE WITH OPEN DINING TO IT TO CREATE WALKABILITY BACK IN THIS WAY.

AS WELL AS THIS OPEN SPACE HERE AND WALK-IN THROUGH HERE.

IT'S ALL INTEGRATED IN A WAY THAT NO ONE SHOULD EVER BE MORE THAN FIVE MINUTES FROM ANY POCKET PARK OR PARK OR GREEN SPACE ANYWHERE IN THE COMMUNITY.

>> EXCELLENT. I'M GLAD TO HEAR THAT.

THE PEOPLE THAT ARE LIVING IN THE SINGLE-FAMILY IN THE APARTMENTS RIGHT THERE, THEY WON'T FEEL THE DESIRE OR NEED TO GET IN THEIR CAR AND DRIVE TWO-AND-A-HALF MINUTES TO THE RESTAURANTS OR STORES THAT ARE RIGHT NEXT DOOR TO THEM.

>> WELL, THEY MIGHT TODAY [LAUGHTER] [OVERLAPPING].

>> ONLY BASED ON TEMPERATURE.

>> NORMALLY NO.

>> SO 105. THE THINGS THAT YOU CAN CONTROL [OVERLAPPING] BESIDES THE TEMPERATURE, BUT HOPEFULLY THERE WILL BE SOME SHADING AND SOME THINGS THERE THAT THEY CAN SURVIVE, A SHORT WALK.

INTER-CONNECTIVITY WITHIN THE RETAIL AREA, I KNOW WE DON'T OFTEN REQUIRE THAT, BUT IF OLDER COUPLE, SOMEONE HAS LITTLE KIDS AND THEY WANT TO WALK BETWEEN THE RETAIL BUILDINGS, DO YOU HAVE ANY PLANS TO TRY TO CONNECT THOSE TOGETHER?

>> HOW DO WE GO NOW TO THAT GREEN SPACE THAT SHOWS THERE? SORRY ABOUT THAT.

THIS DOES NOT SHOW IT AS WELL AS I'D HOPED, BUT YOU CAN SEE THE BUILDINGS AND BEHIND AND COMING IN THROUGH THIS AREA HERE, THIS AREA HERE, THIS AREA HERE ARE ALL GREEN SPACES WITHIN THE RETAIL.

>> EXCELLENT. THANK YOU, I APPRECIATE THAT. FINAL THING THEN.

I'VE ASSUMED THAT YOU'RE GOING TO DO THIS, BUT THE RETAIL CORNERS THAT ARE A LITTLE BIT NORTH OF THERE AND EL DORADO, THE NORTHWEST CORNER, AND THE SOUTHWEST CORNER ARE VERY TRADITIONAL RETAIL.

THEY DID NOT DO WHAT YOU'RE TALKING ABOUT DOING HERE.

I'M JUST POINTING THAT OUT, JUST THAT I APPRECIATE HOPEFULLY THE NEIGHBORS WILL SEE A LITTLE BIT NEWER, MODERN, BETTER DESIGN THAN MAYBE WHAT WE WERE THINKING 20 OR 30 YEARS AGO WHEN WE DID THOSE OTHER SHOPPING CENTERS.

>> NO. AS WE DESIGN THIS, AS WE PLANNED IT, AS WE'VE TALKED ABOUT IT, WHAT WE RECOGNIZE IS THIS IS THE EASTERN MAIN STREET ENTRANCE GATEWAY INTO THE CITY OF FRISCO, AND WE WANT IT TO BE APPROPRIATE TO THAT.

>> VERY GOOD. THANK YOU. THAT'S ALL I HAVE.

I DO LIKE THE DEVELOPMENT, I LIKE THE CHANGES YOU'VE MADE, AND I APPRECIATE YOU TAKING EXISTING DEN ZONING THAT YOU HAD AND TRYING TO WORK WITH THE CITY AND THE NEIGHBORS TO BRING IT DOWN NOT TO ZERO MULTI-FAMILY, NOT THE ZERO OF A LOT OF THINGS, BUT WORKING TOGETHER TO BRING THAT DENSITY DOWN INTO A BETTER OVERALL DEVELOPMENT.

THANK YOU FOR WORKING WITH THE CITY ON THAT.

>> MR. KENDALL.

>> [NOISE] YES.

RESIDENTS INPUT IS IMPORTANT.

HOPE YOU TAKE IT OR UNDERSTAND THAT WE DO TAKE IT SERIOUSLY.

I KNOW WE MAY NOT ALWAYS AGREE, BUT I DO LOOK AT IT AND TRY TO LOOK IT THROUGH YOUR LENS.

I JUST WANT TO MAKE SURE I ADDRESS THAT AND EXPLAIN WHY MY STANCE IS.

AS YOU KNOW I HEARD ABOUT EROSION, IT'S A VALID CONCERN.

I WOULDN'T WANT MY BACKYARD, SIDE YARD ERODING AWAY.

YOU ARE WHAT WE CALL UPSTREAM.

IT'S MORE ERODING ONTO THEIR PROPERTY.

BUT IF YOU WERE DOWNSTREAM, AND THERE ARE ENGINEERS, THEY GOT GREAT ENGINEERS THAT GO AND DO THAT AND LOOK AT THAT, BUT JUST WANTED YOU TO UNDERSTAND THAT I DON'T SEE THAT BEING HEAVILY IMPACTED.

I DISCUSSED THE BUFFER.

I UNDERSTAND YOU WANT FOR LARGER, IN MY OPINION, I DON'T THINK LARGER IS ALWAYS BETTER.

THE OTHER THING I FORGOT TO MENTION IS THE CAUGHT NIGHT GAMES.

NOTHING AGAINST TEENAGERS, BUT THAT'S WHAT WE'D LABEL THEM AS, IS THE TEENAGERS NOW CREATE A BIG AREA FOR THEM TO PLAY AND BE OUT LATER AT NIGHT.

THAT'S, I DON'T THINK AS IDEAL AS YOU MAY THINK.

IMPACT ON HOME VALUE, I BELIEVE THOSE HOMES IN YOURS ARE WONDERFUL AND I DON'T THINK THIS WILL IMPACT IT, THAT'S MY OPINION.

RESEARCH SHOWS THAT HAVING A DEVELOPMENT X2, ESPECIALLY HOW I THINK THESE ONES HERE COME IN, I WOULD SAY IT'S PRETTY SAFE SAY THIS WILL NOT HURT OR IF NOT ANYTHING ELSE INCREASE YOUR HOME VALUE.

TRAFFIC, NONE OF US LIKE TRAFFIC.

I DON'T LIKE TRAFFIC.

I LIVE, LIKE I TOLD YOU I JUST LIVE ON THE OTHER SIDE OF THIS NEIGHBORHOOD.

THERE IS TRAFFIC IN THIS AREA.

IT'S ALL RELATIVE.

I HAVE A FRIEND THAT LIVES UP NORTH OF FRISCO AND WE GO BACK AND FORTH.

I TELL MIKE, "WHY DO YOU LIVE CLEAR UP IN THAT TOWN?" HE WENT BACK AND FORTH AND HE'S LIKE, "WELL, HOW LONG DOES IT TAKE YOU TO GET WALMART?" I WAS LIKE 10 MINUTES.

I LIVE THREE MILES AWAY, HE LIVES 10, HE GOES TAKES ME 11 MINUTES.

IT'S ONE OF THOSE ALL THE THINGS I WAS LIKE HOW LONG DOES IT TAKE YOU TO GET A HAIRCUT?

[01:40:05]

THIS LONG, AND REALLY EVEN THOUGH HE'S ABOUT 10, 15 MILES FURTHER AND EVERYTHING, TAKES HIM THE EXACT SAME AMOUNT OF TIME.

THERE IS TRAFFIC. I DON'T LIKE IT.

IT'S JUST IN OUR BODY TO BE NOT MOVING SLOW.

BUT WE HAVE ALL THESE AMENITIES THAT ARE CLOSE TO US.

IF IT BE AUTOMOTIVE, BE A HAIRCUT, BE A GROCERY STORE, AND SOMETIMES I JUST TRY TO SIT BACK AND GO, HEY, YOU KNOW WHAT? AT LEAST THESE THINGS ARE CLOSE.

THAT'S WHY NO, I DON'T LIKE THE TRAFFIC, BUT I HOPE YOU MAY REALIZE THAT WE DO HAVE THESE AMENITIES VERY CLOSE TO US.

I WAS IN THAT MEETING FIVE YEARS AGO.

I CAN'T BELIEVE IT'S BEEN THAT LONG.

I'VE BEEN ON HERE TOO LONG.

I DIDN'T LIKE THE PLAN FIVE YEARS AGO.

I WAS AGAINST IT. I HOPE YOU ALL REALIZE, THEY'VE COME A LONG WAY IN WHAT THEY PRESENTED.

MOST DEVELOPMENTS THEY WANT TAKE IDEALLY SIX MONTHS, A LONG ONE'S 12 MONTHS.

THE FACT THAT WE'RE SITTING HERE FIVE YEARS LATER, I HOPE THAT GOES TO THE CITY OF HOW MUCH THEY'RE PUSHING.

I CAN'T TAKE IT AS US AS COMMISSIONERS.

WE'VE GOT A PHENOMENAL CITY STAFF THAT ARE UP THERE, GATEKEEPERS OF PROTECTING FRISCO AND WHY THIS PLACE IS SO AMAZING.

I COMMEND THEM FOR PUSHING BACK AND THEN I COMMEND DEVELOPER FOR BREAKING.

I ALWAYS DIDN'T REALLY BREAK YOU, BUT WE MAY BE BENT YOU SOME OF THE CONCESSIONS YOU GIVE.

IT'S ALWAYS ONE OF THOSE WHERE YOU COULD HAVE A LARGER BUFFER, BUT THEN WOULD YOU BE OKAY IF THEY ADDED 400 MORE APARTMENTS? THERE'S THAT GIVE-AND-TAKE.

I'M NOT SAYING THAT'S WHAT THE EXCHANGE WOULD BE, BUT I'M HAPPY WITH THIS PLAN.

OBVIOUSLY, LESS DENSITY IS BETTER, BUT I'M IN FOR IT. I'M IN FAVOR OF IT.

>> MRS. COLBERT.

>> I FIRST WANT TO TELL THE RESIDENTS, THANK YOU FOR COMING OUT.

I THINK THAT YOU ALL HUNG IN HERE WITH US FOR A LONG TIME AND THAT MEANS A LOT TO US.

EACH AND EVERYTHING THAT YOU ALL SAID HAS BEEN NOTED AND LISTENED TO YOU.

I CAN SPEAK FOR ALL MY COMMISSIONERS AND TELLING YOU THAT IT IS VALUED AND APPRECIATED.

WITH THAT BEING THAT I DIDN'T MAKE NOTES ON EVERY SINGLE ONE OF THE ITEMS MENTIONED, I'M HOPEFUL THAT YOU ALL HEARD ANSWERS TO YOUR QUESTIONS AND TO YOUR CONCERNS.

HOPEFULLY MAYBE A PERSPECTIVE THAT YOU DIDN'T KNOW BEFORE, JUST HEARING SOME OF THE BACKGROUND IN REGARDS TO THE ZONING RIGHTS THAT WERE PREVIOUSLY HERE, AND NOW WHAT WE ARE PRESENTED WITH JUST THE REDUCED DENSITY AND WHAT I THINK WOULD BE A REALLY GOOD DEVELOPMENT AND AN IMPROVEMENT INTO THIS AREA.

AGAIN, THANK YOU. THANK YOU TO STAFF AND THANK YOU TO THE DEVELOPER FOR AGAIN, BEING A GOOD LISTENER AND TRYING TO MAKE SOMETHING EXCELLENT HERE.

WE NEED DIVERSE PRODUCTS HERE IN FRISCO.

IF THERE'S ONE THING I CAN SAY THAT WE HEAR ALL THE TIME, WE NEED A VARIETY AND I'M THANKFUL THAT YOU'RE PROVIDING THAT.

>> MR. BRONX.

>> I THINK YOU'VE HEARD MOST OF MY COMMENTS BEFORE.

I DIDN'T WANT TO TOUCH AND I ABSOLUTELY THANK YOU FOR BEING HERE.

WE HEARD YOUR FEEDBACK.

I WOULD LIKE TO MAKE SURE THAT THE APPLICANT, THE DEVELOPER, KNOWS FROM ME AND I'D ASKED FOR MY FELLOW COMMISSIONERS TO SAY, WE WANT THOSE EXTRA TREES.

WE WANT YOU TO WORK ON THOSE TREES THAT JOHN MENTIONED TO YOU.

MS. CHAIR, IF YOU CAN ASK FOR IN A MOMENT IF PEOPLE AGREE WITH THAT, I APPRECIATE THAT.

THEN THERE'S A COMMENT AND IT'S JUST BECAUSE I CAN'T READ MY WRITING, SO I'M GOING TO PRONOUNCE HER NAME WRONG, MR. KENDALL.

>> [INAUDIBLE].

THANK YOU. I THINK IT WAS YOURSELF OR MR. HILL MENTIONED IF YOU MAKE CHANGES IN THE FUTURE WHERE IT MAY IMPACT THIS.

WELL, THIS IS A DEVELOPMENT WE'RE PROVING THE WHOLE DEVELOPMENT.

SO CHANGES SUCH AS CHANGING THAT BUFFER IN THE FUTURE WOULD HAVE TO COME BACK TO THIS BODY.

SO THOSE AREN'T CHANGES THAT STAFF FOR THE DEVELOPER COULD MAKE IT ON A WHIM.

THEY'D HAVE TO COME BACK TO THIS BODY.

WE MAKE RECOMMENDATIONS INTO THE CITY COUNCIL FOR THIS TYPE OF ACTION AND THIS GOES TO CITY COUNCIL.

THIS IS NOT A ONE-AND-DONE ACTIVITY WHERE IF THEY WANT TO MAKE CHANGES, THEY CAN JUST MAKE THEM.

WE'RE PROVING WHAT YOU SEE IN FRONT OF YOU AND IT'S TIED DOWN.

SECOND IS DENSITY.

I THINK THERE WAS A COMMENT MADE AND IT'S IN THE STAFF REPORT THAT THIS IS LESS DENSITY THAN THE GROWTH TO THE SOUTH BY SEVERAL PERCENTAGE POINTS. THAT'S A BIG DEAL.

THERE'S A COMMENT ONE OF YOU MADE REGARDING THE MULTI-FAMILY THAT'S THERE AND, OR BEING BUILT ON THE SOUTH SIDE.

THIS IS NOT AS TALL.

COMMISSIONER KELLY ASKED ABOUT HEIGHT.

THAT'S A BIG DEAL. THIS IS THREE STORIES AND THEN FOUR STORIES TO THAT.

[01:45:03]

ONE BUILDING ON THE SOUTH SIDE, IF I REMEMBER, THE AMENITY BUILDING, ETC.

THE OTHER THING I WAS LOOKING THROUGH THIS OVER THE WEEKEND OR LAST NIGHT, I'M LIKE, "WAIT, WHERE'S THE POOL? WHERE'S THE AMENITY CENTER? THESE RESIDENTS NEED THAT." I WENT, "WAIT, PAGE XYZ, THERE'S NOT ONLY A POOL, BUT THEY'RE TENNIS COURTS AND PICKLE-BALL COURTS.

I WANT TO MOVE THERE." [LAUGHTER] AS I SAID EARLIER, I'D PREFER NO MULTI-FAMILY, BUT I PREFER THIS AMOUNT OVER MUCH DENSER THAN WE COULD HAVE RECEIVED.

SIX YEARS AGO, WHEN I WAS LUCKY TO BE ABLE SELECTED FOR THIS BODY, THIS WAS A PIECE OF PROPERTY THAT JOHN USED AS AN EXAMPLE AND HE SAID, "WE'RE GOING TO BE SEEING THIS ONE IN THE FUTURE.

HERE'S SOME THINGS YOU NEED TO LEARN." I THINK WE'VE COME A LONG WAY ON WHERE WE ARE TODAY, SO I'M HAPPY TO SUPPORT THIS.

>> I'LL GO LAST. I LIKED THIS DEVELOPMENT? I DON'T LOVE IT.

WHAT I MEAN BY THAT IS, IS IT MORE DENSE THAN I WOULD LIKE? ABSOLUTELY. CAN WE BUILD MORE CUSTER CREEK [LAUGHTER] STATES? UNFORTUNATELY, WE CAN.

THE DEVELOPERS CAN FOR WHATEVER REASON.

I THINK THE REASON IS THE PRICE OF LAND, PRICE OF HOUSING, PRICES OF STEEL, PRICE OF LUMBER, ALL THOSE THINGS.

IT'D BE NICE TO HAVE THAT TYPE OF DEVELOPMENT ALL ACROSS FRISCO.

BUT WE ALSO SEE SOME OF THOSE CITIES THAT ARE LIKE THAT, THAT CAN'T SUSTAIN.

TAXES ARE EVEN HIGHER THAN WHAT WE SAY IS; I THINK THIS IS A GOOD MIX.

I'M GOING TO ASK THE DEVELOPER TO REALLY WORK ON THAT BUFFER.

BUT I'VE SEEN WHAT YOU'VE DONE ON THE SOUTH SIDE AND IT'S EXCELLENT NEIGHBORHOOD AND I WAS VERY SKEPTICAL BECAUSE I WAS INVOLVED WITH THE CONVERSATIONS THAT WE HAD THAT DID NOT GO WELL, WHERE WE BASICALLY SAID, "NO, WE'RE NOT GOING TO APPROVE THE ORIGINAL PD CHANGES IN 2016, 2017 TIME-FRAME." WE SAID, "GO BUILD YOUR 1,000 OR 1,100 OR 1,200.

THIS IS NOT THIS PARTICULAR DEVELOPER WITH SOMEONE ELSE, 1,200 APARTMENTS THAT YOU'RE GOING TO BUILD RIGHT NEXT TO THE CUSTER CREEK." BECAUSE WE KNEW THEY COULDN'T DO IT.

BUT WHEN WE WIN IN FRISCO IS WHEN WE WORKED TOGETHER.

WE WORKED TOGETHER WITH DEVELOPERS, WE WORKED TOGETHER WITH THE COMMUNITY AND CITIZENS.

AND I THINK OUR STAFF HAS DONE AN EXCELLENT JOB OF BALANCING THINGS OUT ON THIS DEVELOPMENT.

I THINK IT'S GOING TO BE A REALLY GREAT DEVELOPMENT.

I THINK TRAFFIC ON CUSTER IS NOT ANYTHING THAT WE CAN ADDRESS.

A LANDOWNER THAT HAS HAD THIS PIECE OF LAND FOR 50 YEARS, IS NOT RESPONSIBLE FOR WHAT IT WAS BUILT UPSTREAM THAT CAUSES MORE TRAFFIC.

IT'S NOT THEIR FAULT AND THEY ACTUALLY HELD OUT LONGER.

WE HAVE TO DEAL WITH TRAFFIC THROUGH STUDIES, THROUGH TRAFFIC CONTROL.

I THINK WE HAVE EXCELLENT TRACK RECORD OF DOING THAT.

IT'S NOT AS EVER AS FAST AS WE WANT IT TO BE.

I'VE BEEN HERE FOR 25 YEARS.

I'VE DRIVEN DOWN DIRT ROADS TO GET TO THE HALLWAY INTO LEGACY SO THAT I CAN GO TO WORK AT THE GALLERY.

WE USED AN HOUR AND 20 MINUTES TO GET TO WORK.

THIS TAKE ME AN HOUR AND A HALF IF IT WAS RAINING, TO THE AIRPORT.

I GET TO THE AIRPORT IN 27 MINUTES NOW FROM FIRST TIME.

NOW I LIVE ON THE WEST SIDE NOW.

I USED TO LIVE ON THE EAST SIDE.

I HAVE HAD THREE DIFFERENT HOUSES.

TRAFFIC IS ALL RELATIVE TO IT COMMISSIONER COHEN STATED.

IT IS DIFFICULT.

IN OUT OF THE CUSTER CREEK, I CAN UNDERSTAND IT'S DIFFICULT BECAUSE I DON'T HAVE ENOUGH TRAFFIC, PROBABLY TURNING LEFT OR RIGHT TO GET A TRAFFIC LIGHT THERE.

I AM NOT HAPPY ABOUT DEPARTMENTS AND THE WAY THE DEPARTMENTS WERE BUILT ALONG CUSTER CREEK IN MCKINNEY, WE HAVE TRIED VERY HARDNESS IN HIS BODY, I'VE BEEN HERE SEVEN YEARS, TO REDUCE MULTIFAMILY SO THAT WE DON'T HAVE THOSE TYPES OF SITUATIONS, BUT WE HAVE IT IN MCKINNEY.

WE HAVE IT IN A LONG 380, WE HAVE IT IN LITTLE AT HOME.

BUT IN FRISCO, WE'VE DONE A PRETTY GOOD JOB WHEN WE CAN NEGOTIATE AGAINST THAT TYPE OF STUFF.

WE'RE NOT PUTTING THE 1,200 APARTMENTS ON THIS CORNER.

WE'VE GOT IT DOWN BECAUSE WE DIDN'T NEGOTIATE.

WE DID TAKE A FIRM STAND SEVEN YEARS AGO, SIX YEARS AGO AND I THINK THAT WE WILL BE BETTER FOR IT.

I THINK THIS DEVELOPMENT HAVE BEEN THERE AND THEREFORE AND I REALLY APPRECIATE THE DEVELOPER THE WAY THEY'VE STEPPED UP.

THEY WORKED WITH THE HOMEOWNERS ASSOCIATIONS AND WITH OUR CITY STAFF.

I DON'T NEED TO VOTE TONIGHT, SO I'M GOING TO OPEN UP FOR ANY LAST COMMENTS IN OUR MOTION.

>> I HAVE ONE LAST COMMENT I WANTED TO MAKE TO THE DEVELOPER TIM.

JUST TO REITERATE WHAT WE WERE TALKING ABOUT WITH THE COMMERCIAL LINKAGE BETWEEN THE NEIGHBORHOOD AND THE COMMERCIAL, IF YOU WOULD JUST DO ME THE FAVOR OF MAKING SURE THAT YOU AND YOUR SITE PLANNERS YOU'LL GO UP AND VISIT ANDY'S FROZEN CUSTARD AND [NOISE] MCDONALD'S.

I DO THAT ON PURPOSE. GO AND PRETEND LIKE YOU'RE IN THAT NEIGHBORHOOD AND YOU'RE

[01:50:01]

TRYING TO GET FROM THOSE SINGLE-FAMILY HOUSES IN EITHER A WHEELCHAIR, A SCOOTER, AN OLDER COUPLE, LITTLE KIDS AND YOU WANT TO GO FROM YOUR SINGLE-FAMILY HOUSE TO ANDY'S INTO MCDONALD'S, AND TRY NOT TO DO THAT.

>> MY DAUGHTER LIVES THERE.

>> WELL, YOU'RE NOT AT THE MIC.

>> YOU CAN COME UP HERE IF YOU WANT TO.

>> [OVERLAPPING]

>> CAN YOU GIVE ME A SPECIFIC EXAMPLE OF SOMETHING WE DO DIFFERENTLY THERE?

>> MR. COHEN, I THINK. [OVERLAPPING]

>> I THINK YOU'RE MISSING.

>> I THINK THE ONLY THING YOU GOT TO BE CAREFUL ABOUT IS YOU ALSO DON'T WANT THROUGH TRAFFIC, PEOPLE CUTTING THROUGH TO GET TO ANDY'S, THEN GOING THROUGH THE NEIGHBORHOOD TO GET THE ANDY'S IN A DIFFERENT WAY.

>> YOU'RE WORRIED ABOUT OLDER PEOPLE ON SCOOTERS CUTTING THROUGH?

>> NO, I'M WORRIED ABOUT PEOPLE CUTTING THROUGH NEIGHBORHOODS OFF OF EL DORADO AND OTHER PLACES LIKE THAT AND GOING BY THE ELDERLY PERSON'S HOUSE.

THEY'RE 35 MILES AN HOUR BECAUSE THEY'RE IN A HURRY TO LOOK FOR THEM.

>> OKAY. LET ME JUST REITERATE WHAT I'M TALKING ABOUT AS PEDESTRIANS, SPECIFICALLY, NOTHING TO DO WITH CARS.

IF A PEDESTRIAN OR SOMEONE IN A SCOOTER OR A WHEELCHAIR IS TRYING TO GET FROM THEIR NEIGHBORHOOD TO ANDY'S, MCDONALD'S, ETC.

SAME THING IF YOU GO AND LOOK AT THE ROSES AND THE DRY CLEANERS.

JUST AS GREAT EXAMPLES OF JUST LOOKING AT HOW IT'S BEEN DONE SOME OTHER PLACES AND WORKING REALLY HARD TO DO SOMETHING DIFFERENT THAN THAT. THAT'S ALL I'M ASKING.

>> CONNECTIVITY.

>> THAT JUST FOR PEDESTRIANS.

>> I CAN BUY INTO THAT.

AT THIS POINT, ANY OTHER COMMENTS? DO I HAVE A MOTION?

>> MOTION TO APPROVE ITEM 22 AS RECOMMENDED BY STAFF AND THE STAFF REPORT.

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

CONGRATULATIONS AND THANK YOU FOR ALL THAT INPUT HERE, NOT ONLY TONIGHT BUT TO THE DEVELOPER, SO FORTH. ITEM 23.

>> ONE THING IF YOU DON'T MIND.

JUST TO LET YOU ALL KNOW WHEN THIS WILL APPEAR BEFORE CITY COUNCIL, THAT IS JUNE 7TH.

THAT'S FIRST TUESDAY IN JUNE.

[23. Public Hearing - Zoning: Preston Road & PGA Parkway (Z22-0001)]

>> ITEM 23, PUBLIC HEARING ZONING, PRESTON ROAD AND PGA PARKWAY Z22-0001, OWNERS, ELIA INVESTMENT, LLC.

>> THANK YOU, MR. CHAIR. THE REQUEST BEFORE YOU ALL TONIGHT, THE APPLICANT IS PROPOSING TO REZONE THE PROPERTY SHOWN HERE FROM AGRICULTURAL TO RETAIL AND TOWNHOME.

THE APPLICANT IS PROPOSING TO ZONE THE 3.9 ACRE TRACK WITH FRONTAGE ON PRESTON ROAD TO RETAIL, AND THE 3.4 ACRE TRACK ADJACENT FOR SINGLE FAMILY DEVELOPMENT TO THE EAST TOWNHOME.

THE APPLICANT DID REACH OUT TO THE PRESTON HILLS HOA, WHICH IS EAST OF THIS PROPOSED REQUEST.

THE REQUEST WAS PRESENTED TO THE BOARD OF DIRECTORS AND THEY HAVE INFORMED THE APPLICANT THAT THEY DO NOT OPPOSE THIS REQUEST.

THE PROPERTY OWNER HAS VOLUNTARILY SIGNED THE DEVELOPMENT AGREEMENT TO ESTABLISH BUILDING MATERIALS STANDARDS AND CODES.

THE REQUEST DOES COMPLY WITH THE FUTURE LAND USE PLAN AND IS RECOMMENDED FOR APPROVAL THIS EVENING AS RETAIL AND TOWNHOME.

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

>> I HAVE NO QUESTIONS THIS TIME, ANYBODY ELSE? IS THE APPLICANT HERE AND WOULD THEY CARE TO SPEAK? THANKS FOR YOUR PATIENCE.

>> JOSH MILLSAP, KFM ENGINEERING, 3501 OLYMPUS DRIVE, HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE ON BEHALF OF THIS CASE.

>> DO I HAVE A MOTION FROM THE PUBLIC HEARING?

>> MOTION BY COMMISSIONER COLBERT.

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

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

>> NONE, MOVED TO CLOSE PUBLIC HEARING.

>> MOTION BY MR. COLBERT.

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

PUBLIC HEARING IS NOW CLOSED.

WHEN I FIRST SAW THIS, I WAS ANOTHER TOWNHOME BEING FORCE-FITTED INTO A PIECE OF LAND, BUT THEN I LOOKED AT IT A LITTLE BIT DEEPER, I DO THINK IT'S A GOOD USE TO BUFFER THAT RETAIL INTO THE SINGLE-FAMILY BEHIND IT.

WE'RE TALKING 15 TOWNHOMES HERE, AND THEY HAVE TO FOLLOW OUR TOWNHOME STANDARD BUT THERE WILL NOT BE ANY REQUIRED OPEN SPACE ON THIS, WOULD THEY?

>> NO, THEY WOULD HAVE TO FOLLOW THE TOWNHOME STANDARDS OF THE ZONING ORDINATES, 15 PERCENT OPEN SPACE REQUIREMENT [OVERLAPPING] THAT'S A STRAIGHT TOWNHOME.

>> THEN THE RETAIL.

>> TEN PERCENT ON THE RETAIL, THAT'S RIGHT.

>> TEN PERCENT RETAIL, TOWNHOME 15 PERCENT.

[OVERLAPPING] EXCELLENT.

WHEN THEY BRING BACK THIS FOR US, WE CAN'T DICTATE WHETHER IT'S 3, 5,10 UNIT BUILDINGS OR ANYTHING LIKE THAT.

>> NO, YOU WOULD JUST HAVE TO MEET THE TOWNHOME STANDARDS OF THE ZONING ORDINANCE.

>> I HAVE NO ISSUE WITH THIS MYSELF.

[01:55:03]

ANY COMMENTS?

>> I HAVE A QUESTION OF THE APPLICANT?

>> YES, SIR.

>> I APPRECIATE YOU'RE ACTUALLY DOING A MIXTURE OF USES THERE.

I THINK THIS IS APPROPRIATE AS CHAIRMAN SAID, I GOT RETAIL ALONG THE HEAVY HIGHWAY AND THEN A LITTLE BIT OF A BUFFER WITH SOME TOWNHOMES THERE, SO IT DOES MAKE GOOD SENSE THERE.

I JUST WANT TO REMIND YOU THAT THERE IS THAT MAJOR REGIONAL UTILITY TRAIL CORRIDOR BEHIND YOU.

>> YES, SIR.

>> YOU GUYS ARE NOT THE ACTUAL DEVELOPERS.

THIS IS JUST REZONING RIGHT NOW AND THEN SOMEONE ELSE WILL SELL IT AND SOMEBODY WILL BUY IT.

>> THIS IS REZONING AND THEN WE'LL PULL DEFINITELY WORK THROUGH THE DEVELOPMENT PROCESS FROM THERE.

>> THERE'S NOT MUCH WE CAN DO REALLY TO TIE IT DOWN, OTHER THAN JUST TO REMIND YOU THAT YOU DO HAVE A GREAT AMENITY ON YOUR EASTERN SIDE WHERE THERE WILL BE A MASSIVE REGIONAL TRAIL CORRIDOR COMING THERE AND I THINK THAT'LL BE A REAL SELLING POINT FOR YOUR TOWNHOMES.

>> OKAY.

>> THEN JUST A QUESTION OF THE HOA.

I THINK JOHN ASKED YOU THIS QUESTION EARLIER.

DO WE KNOW IF THE ADJACENT HOA IS CONTROLLED BY THE RESIDENTS OR IS CONTROLLED BY THE DEVELOPER?

>> WE DON'T KNOW.

>> WE DON'T KNOW?

>> UNTIL LIKE 8 PERCENT BUILT OUT, LIKE 10 OF THE RESIDENTS.

>> THAT'S MY THING AND I COULDN'T TELL WHERE THEY WERE ON THE 80 PERCENT, AROUND THE 80 PERCENT MARK.

I JUST BRING THAT UP BECAUSE IT'S COME UP SEVERAL TIMES THAT WHEN WE SAY WE'VE TALKED TO THE HOA, THE RESIDENTS MAY COME BACK AND SAY, WELL, WE DON'T HAVE ANY CONTROL OVER THE HOA SO IT'S NOT THE SAME AS TALKING TO THE RESIDENTS.

THAT'S ONE REASON I BRING THAT QUESTION.

>> COMMISSIONER COHEN. THAT'S FOLLOWING A PROCESS, AND JUST TO MAKE IT CLEAR IS THE DEVELOPER, THE APPLICANT HAS MET AN EXPECTATION OF THE CITIES, THERE'S NOT AN ADDITIONAL EXPECTATION THERE.

>> NO. I'M JUST THINKING IT'D BE GOOD FOR US TO KNOW THAT THOUGH, WHETHER THEY'RE TALKING TO A RESIDENT CONTROL OR, BECAUSE IT CAME UP IN ANOTHER CASES?

>> HOA IS AN HOA. EITHER WAY, IN MY OPINION.

>> THEY'RE STILL RESPONSIBLE FOR PROTECTING THE VALUE OF THE RESIDENCE IN THE DEVELOPMENT BUT I GET YOUR POINT.

WE HAD A CASE HERE RECENTLY WHERE THEY WEREN'T HAPPY WITH THE HOA, BUT THOSE RESIDENTS ALSO SHOWED UP, SO THIS HAS BEEN POSTED THERE, I DON'T BELIEVE WE HAVE MANY RESIDENTS HERE THIS EVENING, NON-SPEAKING SO THAT'S A GOOD SIGN.

I UNDERSTAND THE POINT. DO I HAVE A MOTION ON THE ZONE?

>> DO WE NEED A PUBLIC HEARING?

>> THOUGHT WE ALREADY DID A PUBLIC HEARING?

>> DID WE?

>> [OVERLAPPING] I KNOW IT'S A LONG NIGHT. [OVERLAPPING]

>> I OPENED IT

>> SORRY. THANK YOU. [LAUGHTER] [OVERLAPPING]

>> WE MISSED TACO TUESDAY.

>> CAN I OPEN IT AGAIN?

>> I'D LIKE TO MAKE A MOTION TO APPROVE ITEM 23 AS RECOMMENDED BY STAFF.

>> MOTION BY COMMISSIONER KENDALL.

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

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

>> CONGRATULATIONS.

>> ITEM IS APPROVED. ITEM 24,

[24. Results of the May 3, 2022, City Council meeting.]

RESULTS ON THE MAY 3RD, 2022, CITY COUNCIL MEETING.

>> A LOT OF TO REPORT OF NOTHING.

[NOISE] WE DIDN'T HAVE ANY ITEMS ON.

>> EXCELLENT. ANY SCHEDULE OF FUTURE DISCUSSION ITEMS,

[25. Schedule of future discussion items.]

THINGS THAT WE NEED TO TALK ABOUT TONIGHT?

>> NOT AT THIS POINT.

>> ANYTHING? THAT LEAVES US WITH ONE THING AT 08:29, DO WE HAVE A MOTION TO ADJOURN?

>> [OVERLAPPING] MOTION TO ADJOURN.

>> MOTION BY COMMISSIONER BOX, SECONDED BY COMMISSIONER KELLY, ALL THOSE IN FAVOR?