LITERATURE GOOD EVENING. WELCOME TO THE MAY 4TH CITY OF PLANO PLANNING AND ZONING COMMISSION MEETING. I'VE CALL THE MEETING TO ORDER AT 6:00 PM IF YOU'D ALL PLEASE RISE AND JOIN ME IN THE PLEDGE OF ALLEGIANCE THIS IS JUST THANK YOU VERY MUCH. UM, I WAS ON THE AGENDA TONIGHT. CONSENT AGENDA. CONSENT AGENDA. THE CONSENT AGENDA WILL BE ACTED UPON IN ONE MOTION AND CONTAINS ITEMS THAT ARE ROUTINE AND TYPICALLY NON CONTROVERSIAL ITEMS MAY BE REMOVED FROM THIS AGENDA FOR INDIVIDUAL CONSIDERATION AND BY COMMISSIONERS OR STAFF PERMISSION. >> WOULD ANYBODY LIKE TO REMOVE AN ITEM FROM THE AGENDA FOR SEPARATE CONSIDERATION? MR. BRONSKI I MOVE WE APPROVE THE CONSENT AGENDA AS SUBMITTED. COMMISSIONER KLINEFELTER I SECOND ALL RIGHT. WE HAVE A MOTION AND A SECOND. PLEASE VOTE. >> MOTION PASSES 7 TO 0. COMMISSIONER BROUN OFF IS ABSENT THIS EVENING. RIGHT. ITEMS FOR INDIVIDUAL CONSIDERATION ITEMS FOR INDIVIDUAL CONSIDERATION PUBLIC HEARING ITEMS UNLESS INSTRUCTED OTHERWISE BY THE CHAIR SPEAKERS WILL BE CALLED IN THE ORDER REGISTRATION SIGNS ARE RECEIVED. APPLICANTS ARE LIMITED TO A TOTAL OF 15 MINUTES OF PRESENTATION TIME WITH A FIVE MINUTE REBUTTAL IF NEEDED. REMAINING SPEAKERS ARE LIMITED TO 30 TOTAL MINUTES OF TESTIMONY TIME WITH THREE MINUTES ASSIGNED PER SPEAKER. THE PRESIDING OFFICER MAY MODIFY THESE TIMES AS DEEMED NECESSARY. ADMINISTRATIVE CONSIDERATION ITEMS MUST BE APPROVED IF THEY MEET CITY DEVELOPMENT REGULATIONS. LEGISLATIVE CONSIDERATION ITEMS ARE MORE DISCRETIONARY EXCEPT AS AS CONSTRAINED BY LEGAL CONSIDERATIONS. NON PUBLIC HEARING ITEMS THE PRESIDING OFFICER WILL PERMIT LIMITED PUBLIC COMMENT FOR ITEMS ON THE AGENDA NOT POSTED FOR A PUBLIC HEARING. THE PRESIDING OFFICER WILL ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER REQUESTS LENGTH OF THE AGENDA AND TO ENSURE MEETING EFFICIENCY AND MAY INCLUDE A TOTAL TIME LIMIT. >> THANK YOU. GO AHEAD AND READ ITEMS ONE A THROUGH ONE DEED TOGETHER PLEASE. >> AGENDA ITEM ONE A REQUEST TO REZONE 1.4 ACRES OF LAND OUT OF THE MARIA C VILLA SURVEY ABSTRACT NUMBER 935 LOCATED AT THE SOUTHEAST CORNER OF LEGACY DRIVE AND PARKWOOD BOULEVARD IN THE CITY OF PLANO COLLIN COUNTY, TEXAS FROM COMMERCIAL EMPLOYMENT TO PLANNED DEVELOPMENT 73 COMMERCIAL EMPLOYMENT. THE PETITIONER IS TR Q PLANO LLC. THIS ITEM IS FOR LEGISLATIVE CONSIDERATION AN AGENDA ITEM NUMBER ONE B ED'S CAMPUS EDITION BLOCK A LOT ONE R PROFESSIONAL GENERAL ADMINISTRATIVE OFFICE DAYCARE CENTER AND COMMERCIAL AND TENNIS SUPPORT STRUCTURE ON ONE LOT ON 54.2 ACRES LOCATED AT THE SOUTHEAST CORNER OF LEGACY DRIVE AND PARKWOOD BOULEVARD ZONED COMMERCIAL EMPLOYMENT. THE APPLICANT IS TR Q PLANO LLC . THIS ITEM IS FOR ADMINISTRATIVE CONSIDERATION PENDING AT AGENDA ITEM ONE A AGENDA ITEM NUMBER ONE C ED'S CAMPUS EDITION BLOCK A LOT TO PROFESSIONAL GENERAL ADMINISTRATIVE OFFICE ON ONE LOT ON 32 ACRES LOCATED ON THE SOUTH SIDE OF LEGACY DRIVE 1595FT EAST OF PARKWOOD BOULEVARD ZONED COMMERCIAL EMPLOYMENT. THE APPLICANT IS TICKELL PROPERTY OWNER LLC. THIS ITEM IS FOR ADMINISTRATIVE CONSIDERATION PENDING AGENDA ITEM ONE A. AGENDA ITEM NUMBER ONE D ED'S CAMPUS EDITION BLOCK A LOT THREE PROFESSIONAL GENERAL ADMINISTRATIVE OFFICE ON ONE LOT ON 35.44 ACRES LOCATED ON THE NORTH SIDE OF TENNYSON PARKWAY 1725FT EAST OF PARKWOOD BOULEVARD ZONED COMMERCIAL EMPLOYMENT. THE APPLICANT IS TCA L PROPERTY OWNER LLC. THIS ITEM IS FOR ADMINISTRATIVE CONSIDERATION PENDING. AGENDA ITEM ONE A. GOOD EVENING COMMISSIONERS. MY NAME IS JOHN KIM. SENIOR PLANNER WITH THE PLANNING DEPARTMENT. HERE'S ITEM ONE A THROUGH D SO THIS ZONING CASE AND THE ASSOCIATED PLANS WILL BE LOCATED AT LEGACY DRIVE AND PARKWOOD BOULEVARD. ITEM ONE A SPECIFICALLY IS LOCATED AT THE SOUTHEAST CORNER OF PARKWOOD AND LEGACY. SO YOU CAN SEE THE DOTTED LINES TRACING OUT THE LOT. FOR ITEM ONE A AREA AND THEN LOT ONE BLOCK A IS IN PURPLE WHICH IS ITEM B LOT TO BLOCK A AND ORANGE IS ITEM ONE, C AND THEN LOT THREE BLOCK A IS ITEM ONE D AND THEN LOT FOUR BLOCK A IS A REMAINDER REMAINING PARCEL FROM THE REPLANTING FOR THE WHOLE SITE AND THERE IS THE ASSOCIATED RE PLAT FOR ALL FOUR OF THESE PROPERTIES. AND SO ON THE SCREEN THERE IS A SNIPPET FROM THE PRELIMINARY SITE PLAN SHOWING THE PLAN DEVELOPMENT 70 3-C AREA. AND SO THIS IS WHERE THE PLAZA AND THE PROPOSED ANTENNA SLASH SCULPTURAL STRUCTURE WILL BE LOCATED AT. AND SO THIS IS THAT NORTHWEST CORNER OF THE PROPERTY AND ALSO WITH THIS CASE THERE IS A ASSOCIATED OPEN SPACE PLAN OSP 2026 001 AND THAT WILL BE WITH THIS CASE. SO AS FOR THIS REQUEST IT IS FOR A PUBLIC PLAZA. SO IT WILL BE .76 ACRE PLAZA LOCATED AT THE SOUTHEAST CORNER . THEY'RE GOING TO HAVE MODIFIED LANDSCAPE REQUIREMENTS IN LIEU OF THE STANDARD REQUIREMENTS AS WELL AS SOME OTHER STIPULATIONS. AND THEN FOR THE SCULPTURAL STRUCTURE IT WILL BE UP TO A 280FT IN HEIGHT STRUCTURE AND WITHIN THAT STRUCTURE THERE CAN BE A STEALTH COMMERCIAL ANTENNA AT ANY HEIGHT AS LONG AS IT'S FULLY ENCASED WITHIN THE STRUCTURE. SO I WANT TO BEGIN WITH THE PUBLIC PLAZA FIRST. SO AGAIN, THE PUBLIC PLAZA MUST BE DESIGNED IN SUBSTANTIAL CONFORMANCE WITH THE OPEN SPACE PLAN. SO THE OPEN SPACE PLAN IS ON THE RIGHT SO IT JUST NEEDS TO MEET THE MAJORITY OF THESE ITEMS AS CLOSE AS POSSIBLE TO WHAT IS SHOWN THERE ARE SOME MODIFIED LANDSCAPING REQUIREMENTS OF THE REQUIRED LANDSCAPE OPEN SPACE AREA 45% MUST BE PLANTED WITH NATIVE AND ADAPTIVE SPECIES FOR OUR CITY OF PLANO PLANS LIST THERE WILL BE A MINIMUM OF 12 TREES PLANTED ON THE SITE. THEY WILL BE SHADE TREES IF THEY WANT TO DO ORNAMENTAL ADDITIONAL TREES CAN BE PLANTED IN LIEU OF THIS SHADE TREE THERE IS A REQUIRED LANDSCAPE EDGE ALONG THE PROPERTY BOUNDARIES AND THAT ALSO TAKES INTO CONSIDERATION SOME EASEMENTS AND HIKING BIKE TRAILS AND OTHER IMPROVEMENTS ON THE SITE AND WITHIN THE LANDSCAPING THERE CAN BE BOULDERS OR OTHER AGGREGATE MATERIALS UP TO 10% SO IN IT SO IT IS LIMITED TO THAT AMOUNT ALONG PARKWOOD BOULEVARD AND LEGACY DRIVE THERE ARE HIKING BIKE TRAILS AS WELL THAT ARE REQUIRED THAT IS IN LINE WITH THE PARKS MASTER PLAN AS WELL. AND THEN WITHIN THE PLAZA THE ALL WALKWAYS MUST BE A MINIMUM SEVEN FEET ADDITIONALLY WITHIN THE OPEN SPACE PUBLIC PLAZA THEY MUST PROVIDE A MINIMUM OF THREE AMENITIES LISTED BELOW BIKE RACKS PEDESTRIAN SKILLED LIGHTING DECORATIVE PAVING MATERIALS, SEATING WAYFINDING SIGNAGE AND GUIDES OR OTHER AMENITIES AS APPROVED BY THE DIRECTOR OF PLANNING. AND JUST TO NOTE ON THE LEFT SIDE OF THE OPEN SPACE PLAN THERE IS A PEDESTRIAN BRIDGE THAT WILL BE BUILT BY THE CITY AT THE NORTHWEST CORNER OF THIS PLAZA. AND SO THAT WILL KIND OF HELP PROMOTE PEDESTRIAN ACTIVITY AND PROMOTE SAFER WALKING CONDITIONS ACROSS PARKWOOD BOULEVARD. ADDITIONALLY, WITHIN THE PLAZA THERE IS A SCULPTURAL STRUCTURE THAT IS PROPOSED ON THE SITE. IT MUST BE DESIGNED IN SUBSTANTIAL CONFORMANCE TO THE TOWER DESIGN DEVELOPMENT WHICH IS SHOWN ON THE RIGHT HERE THE TOWER AND THE STRUCTURE IS ALLOWED TO BE UP TO 280FT IN HEIGHT. AND AGAIN AN ANTENNA IS ALLOWED WITHIN THE STRUCTURE BUT IT MUST BE A STEALTH ANTENNA AND LOCATED FULLY WITHIN THE TOWER . ANY GROUND EQUIPMENT ASSOCIATED WITH IT HAS TO BE LOCATED FULLY WITHIN A TOWER UNDERGROUND OR SCREEN OFF SITE. I DO WANT TO TALK ABOUT THE SETBACKS HERE. SO IN OUR ZONING ORDINANCE THERE IS A REQUIREMENT FOR RIGHT AWAY FOR COMMERCIAL ANTENNAS TO BE SETBACK FROM THE RIGHT OF WAY 125% OF THE HEIGHT. SO THAT WOULD BE 350 FOOT IN THIS CASE. SO WHAT WE ARE PROPOSING A RIGHT OF WAY SETBACK OF 50FT FROM LEGACY FROM LEGACY DRIVE AND 125FT FROM PARKWOOD BOULEVARD EXCLUDING THE EXCUSE ME THE SECOND LEGACY DRIVE THERE, THE RESIDENTIAL SETBACK . SO THERE IS A RESIDENTIAL BUILDING COMMUNITY TO THE SOUTHWEST ACROSS PARKWOOD BOULEVARD AND IT IS 320FT. >> THERE IS AN EQUATION IN OUR ZONING ORDINANCE AND IT REQUIRES A SETBACK FOR 535FT TYPICALLY. BUT IN ORDER TO MITIGATE THAT RISK WE ARE THE APPLICANT IS PROPOSING TO BUILD INSTEAD OF RISK TO CATEGORY STANDARDS AND TO RISK CATEGORY THREE FOR THE INTERNATIONAL BUILDING CODE. ADDITIONALLY, WITH THE STRUCTURE FOR THE LIGHTING AT THE TOP THERE SHALL BE NO FLASHING STROBING ROTATING OR CHANGING LIGHT EFFECTS ALLOWED BETWEEN 10 P.M. AND 6 A.M.. ALL STRUCTURES ABOUT 200FT MUST RECEIVE APPROVAL FROM THE FAA AND THAT WILL ALSO APPLY TO THIS SCULPTURAL TOWER TOWER ANTENNA TOWER. AND ADDITIONALLY WE HAVE RECEIVED SOME CONCERNS ABOUT, YOU KNOW, THE NOISE AND LIGHT AND OTHER COMPLIANCE. BUT I JUST WANT TO NOTE THAT ALTHOUGH SOME ORDINANCE REQUIREMENTS ARE NOT EXPRESSLY WRITTEN IN THE PD STIPULATIONS THEY ARE STILL SUBJECT TO ALL CITY ORDINANCES. SO IT WILL HAVE TO STILL MEET THOSE REQUIREMENTS. >> >> SO WITHIN THE ZONING ORDINANCE FOR A PLANNED DEVELOPMENT THERE IS A TYPICAL SIZE REQUIREMENT THAT A PD DISTRICT BE MINIMUM FIVE ACRES BUT IF IT IS IT CAN BE APPROVED BY CITY COUNCIL IF IT IS REQUIRED TO IMPLEMENT THE COMPREHENSIVE PLAN OR ANOTHER STUDY. SOME OF THE IMPORTANT SCULPTURAL BENEFITS ARE PLACEMAKING PROMOTES PROMOTING PEDESTRIAN ACTIVITY, SUPPORTING A MORE VIBRANT ACCESSIBLE EMPLOYMENT CENTER AND PROVIDING A MORE CONNECTED AND ACTIVE AREA. AND THAT WILL BE DONE THROUGH ALL THE TRAILS AND THE SIDEWALKS, THE PLAZA ITSELF AND JUST THE GENERAL CULTURAL INFLUENCE OF THE NEW TOWER. I DO HAVE ON SCREEN ALL THE PRE STIPULATION FOR REFERENCE. I WON'T GO OVER THOSE ONE BY ONE BUT WE CAN REFERENCE THOSE AS NEEDED. AS FOR THE COMPREHENSIVE PLAN IT DOES MEET THE THREE POLICIES FOR THE COMMUNITY DESIGN PLACEMAKING AND PEDESTRIAN ENVIRONMENT POLICY. FOR THE RESPONSES WITHIN THE SUBJECT PROPERTY. WE RECEIVED ONE FOR RESPONSES OUTSIDE THE SUBJECT PROPERTY RECEIVED. ONE IN SUPPORT AND ONE IN OPPOSITION. THE ONE IN SUPPORT IS STILL PART OF THE LOT ONE BLOCK A RESPONSE. SO IT'S THE SAME ONE AS CONTAINED WITHIN THE PROPERTY. >> AND THEN CITYWIDE WE HAD FIVE TOTAL RESPONSES FOR THE ZONING CASE. >> AND SO NOW WE WANT TO MOVE ON TO THE PRELIMINARY SITE PLANS. >> SO ON THE SCREEN WHAT YOU'LL SEE HERE IS THE NORTH HALF OF THEIR PRELIMINARY SITE PLAN AND THEY ARE PROPOSING A GENERAL OFFICE, A DAYCARE CENTER THAT WILL BE ACCESSORY AND THEN WE PROPOSE SCULPTURAL STRUCTURES ANTENNA TOWER LOCATED IN THE NORTHWEST CORNER ON THE SITE. AND SO THAT'S SHOWN IN THIS PRELIMINARY SITE PLAN HERE. AND THEN HERE IS THE SOUTHERN HALF OF THE PRELIMINARY SITE PLAN SHOWING THE THE PARKING GARAGES AND THE NEW PRIVATE STREETS THAT WILL BE BUILT. SO THE PURPOSE FOR THEIR PRELIMINARY SITE PLAN IS TO SHOW THAT THEIR PROPOSED OFFICE CAMPUS, THE PLAZA AS PROPOSED IN THE ZONING CASE IN THE NORTHWEST CORNER OF THE PROPERTY DURING THE PRELIMINARY ENGINEERING PLAN STUDIES. THERE WERE SOME CONCERNS AND STAFF IS LOOKING INTO THE CAPACITY OF THE EXISTING INFRASTRUCTURE AND WHAT IMPROVEMENTS WILL NEED TO BE REQUIRED TO SUPPORT THIS USE. AND SO THERE IS STILL ADDITIONAL RESEARCH BEING DONE ON THE CAPACITY HERE AND THERE WILL BE UPDATED LATER. BECAUSE OF THIS THE OWNER MUST ENTER INTO AN AGREEMENT WITH THE CITY AS APPROVED BY CITY COUNCIL TO COMPLETE ANY NECESSARY IMPROVEMENTS. NEXT WE HAVE THE REVISED SITE PLAN FOR LOT TO BLOCK A. THIS ONE IS JUST MODIFYING THE PROPERTY LINES SAME AND LAST THREE BLOCKS AS WELL. AND SO AGAIN WE JUST UPDATING PROPERTY BOUNDARIES FOR BOTH EXISTING OFFICE DEVELOPMENTS. AND SO IN SUMMARY THE PROPOSED PLAZA MUST BE SUBSTANTIALLY IN CONFORMANCE WITH THE OPEN SPACE PLAN THAT IS ATTACHED AND MEET MODIFIED LANDSCAPE REQUIREMENTS AND SITE DESIGN. THE ALLOWED 280 FOOT SCULPTURAL STRUCTURE CAN HOST ANY COMMERCIAL ANTENNA FULLY ENCLOSED AND MEET STAFF DESIGN . THE STRUCTURE WITH THE MODIFIED SETBACKS WILL BE BUILT TO HIGHER STANDARDS AND MUST BE SUBSTANTIALLY IN CONFORMANCE ON THE TOWER DEVELOPMENT DESIGN AND PD 70 3CE IS BELOW THE TYPICAL FIVE ACRE REQUIREMENT BUT MAY BE FOUND APPROPRIATE BY THE CITY COUNCIL TO ESTABLISH THE ZONING DISTRICT RECOMMENDATION FOR ITEM A ZONING CASE 2026 003. RECOMMENDED FOR APPROVAL SUBMITTED SUBJECT TO CITY COUNCIL ISSUING A SPECIFIC FINDING THAT A DISTRICT IS REQUIRED TO IMPLEMENT THE COMPREHENSIVE PLAN. >> ITEM ONE BE THE PRELIMINARY SITE PLAN 2026 004 RECOMMENDED FOR APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS. CITY COUNCIL APPROVAL OF ZONING CASE 2026 003 RESULTS ON THE WATER AND SEWER DEMAND ANALYSIS . ANY RESULTING MITIGATION FROM THE WATER AND SEWER DEMAND ANALYSIS AND AN AFFILIATED DEVELOPMENT AGREEMENT APPROVED BY THE CITY COUNCIL AS MAY BE REQUIRED. ISSUANCE OF A FAVORABLE DETERMINATION BY THE FEDERAL AVIATION ADMINISTRATION BEFORE SITE PLAN APPROVAL AND ADDITIONS AND OR ALTERATIONS TO THE ENGINEERING PLANS AS REQUIRED BY THE ENGINEERING DEPARTMENT. ITEMS ONE C AND ONE D THE REVISED SITE PLANS 2026 005 AND REVISED SITE PLAN 2026 006 IS RECOMMENDED FOR APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS. CITY COUNCIL APPROVAL OF ZONING HIS 2026 NET 003 AND FILING OF THE RE PLAN FOR EADS CAMPUS EDITION BLOCK A LOTS ONE THROUGH FOUR AVAILABLE FOR ANY QUESTIONS AND THE APPLICANT IS ALSO HERE WITH THE PRESENTATION RIGHT COMMISSION QUESTIONS OF STAFF MR. BRONSKI MR. KIM THANK YOU VERY MUCH. JUST FOR CLARITY SAY CAN YOU GO BACK TO THE ZONING RESPONSE NUMBERS THE CITYWIDE? YEAH. >> SO LOOKING AT THE PACKET, WOULD YOU SAY THAT SOME OF THE RESPONSES THAT WERE IN THERE WERE IN RESPONSE TO THIS CASE OR A DIFFERENT CASE AND SO WE DID RECEIVE SOME RESPONSES THAT APPEARED TO BE FOR A DIFFERENT ZONING CASE. SO WE HAVE REACHED OUT TO THOSE INDIVIDUALS TO CONFIRM IF THEY HAVE WHICH THE ZONING CASE THEY MEANT TO RESPOND TO. WE DIDN'T RECEIVE A RESPONSE FROM SOME INDIVIDUALS AND HAVE REMOVED ONE RESPONSE BUT ARE STILL WAITING ON THE OTHER RESPONSES THE OTHER THREE RESPONSES SHOWN. >> BUT FROM FROM READING THE RESPONSES AND WHAT THEIR COMMENTS WERE IT APPEARED TO BE THAT IT WASN'T NECESSARY FOR THIS CASE. IS THAT CORRECT? YES, THAT IS CORRECT. OKAY. AND I ONLY HAVE ONE OTHER SMALL QUESTION. WHEN YOU TALKED ABOUT THE ANTENNA, YOU SAID IT CAN BE AT ANY PLACE ON THE CAN BE AT GROUND LEVEL AS WELL AS A 280FT. >> RIGHT. SO AS LONG AS IT IS FULLY CONCEALED AND MEETS OUR STEALTH DESIGN REQUIREMENTS THEN IT CAN BE PLACED AT ANY HEIGHT BUT IT MUST BE FULLY ENCLOSED WITHIN THE STRUCTURE. YEAH. OKAY. THANK YOU VERY MUCH, MR. RALEIGH. >> JUST A COUPLE OF CLARIFYING QUESTIONS. THE STURDIER CONSTRUCTION THAT CONCEALS THE ANTENNA WE GET TO CERTIFY THAT THAT IT MEETS THE LEVEL THREE OR WHATEVER YOU QUOTED RIGHT? CORRECT. OKAY. THE BRIDGE THAT WILL BE BUILT BY THE CITY THIS CASE IS NOT NECESSARILY CONTINGENT ON US ON THE CITY DOING THAT. THAT'S BASICALLY THE CITY MAKING THAT AREA MORE LIVABLE. WALKABLE. CORRECT. OKAY. >> THE EQUATION THAT SEEMS TO GOVERN WHAT'S THE WORD I'M LOOKING FOR ADJACENCY IS THAT DEPENDENT ON THE HEIGHT OF THE STRUCTURE? SO FOR INSTANCE, IF THIS WAS SHORTER THAN THE 280, WOULD THEY WOULD IT NATURALLY MEET THE RESIDENTIAL ADJACENCY? >> YES, CORRECT. SO THE HEIGHT BASICALLY PART OF THE EQUATION IS YOU TAKE ANY PORTION OF THE STRUCTURE ABOVE 25FT AND THEN YOU MULTIPLY IT BY TWO TO ADD IT TO THE INCREASE RESIDENTIAL BACK AND SO LOWERING THE HEIGHT WOULD DECREASE THE OVERALL AMOUNT AND THE IT'S PROBABLY A SAFETY AT THE END OF THE THING LEANS ONE WAY IT DOES IT WHATEVER IS NEXT TO IT ESSENTIALLY RIGHT BUT ONE LAST QUESTION THE 10 P.M. TO 6 A.M. LIGHT RESTRICTION AND WE IS THAT IN OUR LEGISLATION THAT GIVES US THAT TIME YOU KNOW MY BABY GIRLS LIVES IT'S 8 P.M. FOR INSTANCE SO WE GET THAT TIME AND YEAH SO I DID REACH OUT TO THE ENVIRONMENTAL SERVICES DEPARTMENT AND THEY DID SAY WE DO HAVE YOU KNOW, DAYLIGHT AND NIGHTTIME HOURS THAT OUR NOISE ORDINANCE KIND OF COMPLIES WITH AS WELL. AND SO I THINK THAT'S WHAT THE 10 P.M. TO 6 A.M. BASIS WAS ON BUT AGAIN IT WOULD ALSO STILL HAVE TO RECEIVE FAA APPROVAL FOR THAT AS WELL. BUT WE WOULD NEED TO MAKE SURE BUT THAT'S WHAT THE TIME WAS. OKAY. >> THANK YOU, MR. TONG THANK YOU, MR. CHAIRMAN. DO YOU GO BACK TO THE PAGE WHERE IT SPECIFIES THE ANTENNA AND LIKE HOW THEY'RE SUPPOSED TO BE STEALTH AND WITHIN THE ENCLOSURE ARE YOU SAID YOU HAD A WORD THAT YOU SAID IT HAS TO BE ENCLOSED SOMEWHERE. >> YOU MEAN WITH THE ACTUAL STIPULATION ITSELF? >> WOULD YOU LIKE THAT? WELL I JUST WANT TO SEE WHAT KIND OF DESCRIPTION ON THE MEETING YOUR RULES OR THE APPEARANCE OF THE ANTENNA BECAUSE THEY THEY CAN BE INSIDE RIGHT? THEY HAVE TO BE INSIDE I OR MY UNDERSTANDING THAT THEY NEED TO BE HAVE LINE OF SIDES FOR IT TO WORK RIGHT. SO AM I IMAGINING THE MATERIALS THEY CAN BE USED FOR THIS TO WORK HAS TO BE SEE THROUGH OR TRANSPARENT OR NOTHING MAYBE IT JUST LIKE HOLLOW ON THE OUTSIDE OR IS IT WHAT DOES ENCLOSED MEAN? >> MM. SO THE APPLICANT MAY BE ABLE TO GET INTO MORE DETAILS AS I THINK THEY ARE STILL WORKING ON A FINAL DESIGN BUT THE APPLICANT DOES HAVE TO MAKE SURE THAT YOU KNOW IT IS IN SUBSTANTIAL CONFORMANCE TO THIS DESIGN DEVELOPMENT THAT'S SHOWN HERE AND YOU KNOW I THINK THERE ARE YOU KNOW PERIPHERY PORTIONS AND THINGS LIKE THAT AS YOU MENTIONED FOR ANTENNAS TO SEND SIGNALS OUT. I'M NOT AN EXPERT ON THAT. SO WE APPLICANT MAY HAVE MORE COMMENTS ON THE DESIGN. SURE SURE. >> WHAT WHAT'S THE FROM CITY POINT OF VIEW FROM OUR ORDINANCE POINT OF VIEW WHAT KIND OF THINGS THAT WE WE WE CAN OR REGULATE ON THE DESIGN OF THE END OF TOWER LIKE THIS SO AS FAR AS THIS THIS CASE GOES IT HAS TO BE SUBSTANTIALLY CONFORMING TO THE DESIGN DEVELOPMENT. AND SO THIS GRAPHIC THAT THEY PROVIDED US IT MUST BE, YOU KNOW, VERY SUBSTANTIAL CONFORMING TO THIS PLAN THAT MEETS THIS GRAPHIC JUST THIS PICTURE. >> YES, THIS GRAPHIC WILL BE ADOPTED AS PART OF THE ORDINANCE. OKAY. AND SO TO MAKE ANY CHANGES SUBSTANTIAL CHANGES THAT HAVE TO GO BACK TO THE REZONING PROCESS TO CHANGE THE RENDERING. GOT YOU. THANK YOU. THANK YOU, MR. LOLLY. >> I'LL SEE YOU LIKE I HAVE TWO QUESTIONS ACTUALLY. >> SO THE FIRST ONE IS CAN YOU PULL YOUR MICROPHONE DOWN OR WE CAN HEAR YOU. THANK YOU. SO YOU LIKE SO THE ANTENNA IS ALLOWED USE AND PD 63 RIGHT WHICH IS THE EXISTING PD SO THE EXISTING PD WAS REPEALED IN A PREVIOUS ZONING CASE SO PD 73 SEE THE IS A NEW DESIGNATED PLAN DEVELOPMENT DISTRICT NUMBER. BUT THAT BEING SAID YOU KNOW ANTENNAS CAN BE ALLOWED AS ANYWHERE WITHIN IF THEY ARE 60FT OR BELOW AND IF THEY'RE OVER 60FT IN MOST DISTRICTS THEY TYPICALLY REQUIRE LIKE A SPECIFIC USE PERMIT. BUT IN THIS CASE, YOU KNOW, A TOWER IN THE HEIGHT OF 280FT WOULD HAVE REQUIRED ONE AND THAT'S GOING TO BE PART OF THE PD IF WE APPROVE IT. RIGHT. RIGHT TO ALLOW IT. CORRECT. OKAY. YEAH. YEAH SOUNDS GOOD. I THINK IT RIGHT COMMISSIONER ANY OTHER QUESTIONS OF STAFF RIGHT NOW SEEING ANY THANK YOU MR. KIM. I'M GOING TO OPEN THE PUBLIC HEARING. I DO BELIEVE THE APPLICANT HAS A PRESENTATION. HALLSTROM YOU KNOW THE DRILL, MR. CHAIR. COMMISSION MY NAME IS BILL DAHLSTROM 2323 ROSS AVENUE. I'M HERE WITH MICHAEL LAST WITH OUR KDC, ALEX RAYBURN WITH KIMBERLY HORN, VICTORIA MORRIS JACKSON WALKER ALSO WE ARE REALLY HONORED AND PLEASED TO BE HERE FOR THIS APPLICATION. THIS IS, YOU KNOW, A ONCE IN A LIFETIME OPPORTUNITY. WE THINK THIS IS A FANTASTIC PLACEMAKING OPPORTUNITY FOR THE CITY AT THIS LOCATION AND I WANT TO THANK JOHN AND MIKE AND MIKE AND CHRISTINE, OF COURSE FOR HELPING US SHEPHERD THROUGH THIS PROCESS BECAUSE THERE WERE A LOT OF ISSUES WE STARTED WITH THE SCULPTURE. WE THOUGHT THAT IT MADE SENSE IF THERE WAS A SCULPTURE THERE TO HAVE THE ABILITY TO PUT IN THE ANTENNA. SO THAT'S HOW WE GOT TO WHERE WE ARE AND AS STAFF REPORTS FANTASTIC. IT'S BASICALLY SET STATES ARE OUR PROJECT IS TO ALLOW A COMMERCIAL ANTENNA SUPPORT STRUCTURE UP TO 280FT WHEN DESIGNED AS A SCULPTURAL TOWER AND LOCATED ON ON THE MAGNETIZED PLAZA WE'RE TRYING TO CREATE A THERE THERE A PLACE IT'S A I THINK I LIKE TO LOOK AT THE TOTALITY OF THE PROJECT NOT JUST A TOWER, NOT JUST A PLOWS PUT THEM TOGETHER MUCH LIKE A LOT OF ICONIC AND DISTINGUISHED PLACES AROUND THE WORLD. IT'S NOT JUST ONE THING IT'S IT'S A COMBINATION OF A LOT OF THESE THINGS. SO IT'S MORE THAN JUST ART. WE'RE WE'RE CREATING A VIBRANT COMMUNITY FOCUSED AMENITY UTILIZING ART AND THE PLAZA. I THINK THAT'S REALLY IMPORTANT I'M JOHN TOOK A LOT OF MY THUNDER SO I'M GOING TO TRY TO GO QUICKLY I'M GOING TO TRY TO GO QUICKLY. SO AGAIN THIS IS THE ZONING MAP C TO THE NORTH EAST AND SOUTH AND ON PD 65 FOR CENTRAL BUSINESS CENTRAL BUSINESSES TO THE WEST. MIKE R JOHN SHOWED A VERY SIMILAR EXHIBIT. I WANTED TO ACKNOWLEDGE THE WHAT WE'RE HERE BEFORE IS A PD FOR THAT GREEN RECTANGLE AND THE REST OF THE THE CAMPUS IS PERMITTED BY RIGHT TODAY WE'RE NOT HERE ASKING FOR ZONING FOR THE CAMPUS. A CAMPUS IS ALREADY PERMITTED THE SCULPTURES UNDERSTAND THE SCULPTURE IS ALREADY PERMITTED TO THE THE FACT THAT WE WANT TO PUT IN THE ANTENNA SUBJECTS US TO CERTAIN SETBACKS WHICH IS WHY WE'RE HERE IS TO ADDRESS SOME OF THOSE SETBACKS. SO THE CAMPUS IS PERMITTED THE SCULPTURE'S PERMITTED WE'RE GOING TO REQUESTING THE ABILITY TO PUT IN A STEALTH ANTENNA IN THE SCULPTURE AND FROM AN ERA OF POINT OF VIEW THIS IS THE AGAIN THE SITE SOUTHEAST CORNER OF LEGACY AND PARKWOOD THE OPEN SPACE AGAIN IT'S AN INTEGRAL PART OF THIS WHOLE PROJECT AND AS WAS STATED IN THE STAFF REPORT, THE ENHANCED LANDSCAPE AND OTHER AMENITIES ELEVATE THE PEDESTRIAN EXPERIENCE AND THAT'S WHAT WE'RE WANTING TO DO HERE. IT CONNECTS WITH THE REST OF THE CAMPUS BUT THE REST OF THE CAMPUS IS GOING TO BE AS IN A IN ICONIC AS THIS THIS CORNER THE TOWER IS INTENDED TO BE AND I KNOW WE KEEP USING THE WORD ICONIC DISTINGUISHED PLACE MAKING FUTURE FOR THE OFFICE CAMPUS FOR THE CAMPUS AS WELL AS FOR FOR FOR FOR THE LEGACY BUSINESS AREA THEN THE REGS THAT WE ARE ARE PROPOSING WILL ALLOW THE INTENDED TO BE PUT INSIDE AND JOHN HIT IT REALLY VERY WELL ON THE CONFORMANCE WITH THE COMP PLAN IN TERMS OF THE PLACE SPEAKING IN PUBLIC SPACES DIVERSE RESILIENT ECONOMY AND COMMUNITY DESIGN POLICY SO WE DO COMPLY AND FURTHER LOOK THE COMPREHENSIVE PLAN THIS IS A ONE OF OUR SUBSEQUENT CONCEPTUAL OF THE PUBLIC THE PUBLIC OPEN SPACE THAT WE'RE PROPOSING AND I THINK THAT THE CITY STAFF DID A GREAT JOB OF DETAILING WHAT WE'RE PROPOSING 45% OF THE OF THE AREA NEEDS TO BE LANDSCAPED WITH TURF GRASSES. WE CAN INCLUDE BOULDERS, SHRUBS ,GRASSES, OTHER GROUND COVER A MINIMUM OF 12 THREE INCH TREES ,10 TO 12 FOOT HIKING BIKE TRAILS ON LEGACY AND PARKWOOD THE SEVEN FOOT TRAILS WHICH ARE ACTUALLY GOING TO BE WIDER AS YOU CAN SEE ON THE ON THE EXHIBIT THROUGH THE SITE AMENITIES WITHIN THE SITE AS WELL. >> SO IT'S A AS IT SAID IN THE STAFF REPORT, ENHANCED LANDSCAPING AND ENHANCED EXPERIENCE. I'M GOING TO GO BACK TO THE EXHIBITS THAT JOHN SHOWED. THIS IS AGAIN LOOKING FROM THE NORTHWEST LOOKING SOUTHEAST INTO THE SITE THAT WOULD BE LEGACY ON YOUR LEFT AND PARKING ON YOUR RIGHT AND YOU CAN SEE THE THE PROPOSED BRIDGE PEDESTRIAN BRIDGE ACROSS PARKWOOD AND THIS IS ANOTHER EXHIBIT I DON'T HAVE ANY PLACE IN THIS THIS IS LOOKING TO DO WEST DOWN LEGACY LEGACY IS OFF TO THE RIGHT SO WE THINK THIS IS A GREAT PROJECT FOR A GREAT CAMPUS FOR GREAT CITY. WE ARE REALLY EXCITED ABOUT THIS. I REALLY LOOK FORWARD TO GETTING ON AND STARTING THIS PROJECT. MICHAEL ASKED US HERE ON ALEX REFERENCE HERE ALSO TO ANSWERING YOUR QUESTIONS AND WE'RE ALSO HERE TO ANSWER QUESTIONS ON THE PRELIMINARY SITE PLAN AND THE OTHER PLANS SO WE RESPECTFULLY REQUEST A RECOMMENDATION OF APPROVAL ON THIS. THANK YOU. THANK YOU. MR. DAHLSTROM, I HAVE ONE QUICK QUESTION FOR YOU. DON'T WANDER FAR. WE'RE GOING TO HAVE SOME OF THE PEOPLE TO THIS. ARE JUST LOOKING AT THE RENDERINGS. I KNOW WE'RE NOT LOOKING AT THE ARCHITECTURE OF YOUR BUILDINGS. I'M JUST LOOKING AT IT FOR COMPARISON PURPOSES. IT LOOKS TO ME LIKE ONE OF THE TALLEST BUILDING PROPOSED ON THE CAMPUS IS EIGHT STORIES. IS EIGHT STORIES CORRECT? YES SIR. I'M SORRY. THANK YOU. IT'S RIGHT THERE. OKAY. SO GIVE OR TAKE 100FT TALL. YES. OKAY. SO SO WE'RE TALKING ABOUT THE TOWER BEING TOWERING OVER THE TOPS OF THE BUILDING SO YOU COULD SEE IT FROM ENTIRE COMPLEX. THE STORY PROBABLY BE MORE THAN THAT. BUT YES, YOU'RE RIGHT. IT'LL BE TOWERING OVER THE SIX, SEVEN AND EIGHT STORY BUILDINGS ON THE CAMPUS. RIGHT. OKAY. I JUST WANT TO GET PROPORTION 280FT ON THE TOWER AND ROUGHLY 100FT ON THE ON THE BUILDING. SO JUST TO GET A RELATIVE PERSPECTIVE OF HOW TALL IT WAS COMPARED TO THE REST OF IT. YES. OR DEVELOPMENT. SO ALL RIGHT. THE QUESTION FOR MR. KIM IN JUST A MINUTE. SO MR. LANE AND FELDER YEAH, I JUST I HAD QUESTIONS MAINLY ABOUT LIGHTING AND SOUND AS IF I SUSPECT THERE'S NOT A LOT OF SOUND BUT I KNOW MR. KIM HAD AN MENTIONED I GUESS THE OPERATING EQUIPMENT CAN BE ON SITE BUT SCREENED AND THEN OBVIOUSLY SUBJECT TO THE SOUND ORDINANCE AND STUFF. ARE WE EXPECTING A LOT OF SOUND? WE'RE NOT EXPECTING A LOT OF SOUND AND AGAIN THERE ARE SOUND WE WENT OVER THIS SEVERAL TIMES WITH THE CITY STAFF. THERE ARE SOUND ORDINANCES, THEY'RE LIGHTING ORDINANCES, THEY'RE BUILDING STANDARDS WE HAVE TO COMPLY WITH. SO I THINK A LOT OF THOSE CONSTRUCTION ISSUES ARE ALREADY COVERED. >> AND THEN AS FAR AS LIGHTING ,I MEAN YOU MAY NOT HAVE GOTTEN DO IT ALL SO FAR BUT WHAT'S WHAT WHAT'S THE VISION WITH THE LIGHTING? IS IT IS IT PROJECTED LIGHTING OR IS IT GOING TO GLOW OR WHAT'S WHAT'S THE WELL I'LL I'LL ASK MR. LAST TO COME UP AND CORRECT ME IF I'M WRONG BUT WE HAVEN'T FINISHED THE DESIGN YET BUT IT IS INTENDED TO BE INTERNAL AND A GLOW. YES A GLOW TO IT. OKAY. THAT WAS IT, RIGHT. COMMISSIONER ROWLEY, I THINK YOU'VE KIND OF ANSWERED MY QUESTION. YOU SAID THAT THE SCULPTURE IS PERMITTED BY RIGHT. BUT FROM A HEIGHT PERSPECTIVE AND ADJACENCY PERSPECTIVE EVEN IF THIS WAS NOT A STILL TOWER YOU WOULD NEED TO COME BELIEVE ON THIS WOULD BE IN ORDER FOR IS SCULPTURE TO 80 TO BE THAT CLOSE NO THERE'S ACTUALLY A THERE ARE UNLIMITED OR 20 STORIES I CAN'T REMEMBER TIME I HAD HEIGHT LIMIT IN THIS AREA SO IF IT WERE JUST A TOWER IT WOULD COMPLY WITH THE TYPICAL SETBACKS AND HEIGHT REQUIREMENTS OF ANY OTHER BUILDING OR STRUCTURE. OKAY. AND I KNOW WE'RE STILL DESIGNING BUT THE MATERIAL AT THE TOP OF THAT GLOBAL BALL REFLECTIVE IN NATURE YOU KNOW I UNDERSTAND THE LIGHT WOULD BE CONTAINED WITHIN THE BALL BUT AS SUN REFLECTING OFF OF STUFF AND CATCHING THE EYES OF RESIDENTS OR WHATEVER THE CASE MAY BE BUT WHAT WE THINK WE HAVE LOOKED AT THAT WE ARE CURRENTLY LOOKING AT IT. I WILL ALSO SUBMIT THAT ONE OF THE WORLD'S BEST DEVELOPERS BUILDERS KATIE C IS IN CHARGE OF THIS. THEY ARE GOING TO BE DOING GLASS STUDIES. THEY'RE GOING TO BE ALL OVER THE THE GLARE ISSUE AND AGAIN TO THE EXTENT WE HAVE CITY STANDARDS WE WILL BE COMPLYING WITH THOSE CITY STANDARDS ON GLARE. KATIE HAS DONE NUMEROUS PROJECTS IN PLANO. THEY'VE DONE NUMEROUS PROJECTS THROUGHOUT THE COUNTRY. THEY ARE FAMILIAR WITH THE ISSUE OF GLARE AND HOW TO ADDRESS IT. OKAY. THANK YOU COMMISSIONER LOLLY IS THIS OPEN SPACE IS GOING TO BE OPEN TO THE PUBLIC? YES MA'AM. OKAY. THANK YOU. YEAH, IT'S GOING TO BE COOL. COMMISSIONER THANK YOU, CHAIRMAN. AND JUST SOME MORE QUESTIONS. THE PLAZA WILL BE ACCESSIBLE TO THE PUBLIC AND OUTSIDE OF THE SECURED AREA, CORRECT? CORRECT. WILL HAVE SECURITY FENCE SURROUNDING IT AND WE'RE WORKING WITH THE CITY ATTORNEY ON THE THE PUBLIC ACCESS. THAT'S GREAT. THAT'S EXCITING. WE DON'T HAVE ANYTHING LIKE THAT IN THAT AREA. SO THANK YOU MR. TONG THANK YOU. >> MR. SHERMAN IT'S FUNNY THAT I MIKE YOU'RE ALSO ASKING ABOUT THE PUBLIC ACCESS OF THE PARK. SO OTHER THAN THE BRIDGE GOING OVER TO THE OTHER SIDE OF PARK ,WOULD DOES THE PARK OR DOES THE ANTENNA AREA CONNECT TO ANY OTHER AREAS ON THE CAMPUS OR IS JUST KIND OF ISOLATED AND THEN JUST CAN ONLY GO TO THE PARKING SECURITY ON ON THE EAST SIDE OF THE THE PLAZA AND ON THE SOUTH SIDE. SO NO, IT WILL NOT HAVE DIRECT ACCESS ON UNSECURED ACCESS SO IT WILL BE CORDONED OFF. >> YES. OKAY. SO PUBLIC CAN ONLY GO TO GET TO THAT PLAZA, GO TO THAT PLAZA AND THEN GO THROUGH THE BRIDGE TO THE ADJACENT TO THE OTHER SIDE OF PARKWOOD. THAT'S IT. CORRECT. OKAY. THANK YOU. I WANT TO FOLLOW UP ON THAT QUESTION A LITTLE BIT BECAUSE THE HIKE AND BIKE TRAILS AND ALL THAT ARE OUTSIDE THE SECURE AREA CORRECT? YES SIR. THERE. OKAY. SO THAT'S ONE QUESTION. SECOND IS YOU'LL HAVE GATES OR SOMETHING IN THE SECURE FENCE. I'M THINKING ABOUT THE EMPLOYEES. WE CAN LEAVE THE CAMPUS, CROSS THE PEDESTRIAN BRIDGE WITHOUT GOING LONG WAY AROUND. THERE WOULD BE A GATE OR SOMETHING OR THERE WILL BE A GATE PROBABLY. YES, SIR. AND THEY'LL PROBABLY BE SOME MEANS OF TRYING TO GET TRYING FOR THE OCULAR ACCESS INTO THE SITE BUT IT WILL BE CLOSED OFF AS WELL FOR MAINTENANCE PURPOSES. YEAH. YEAH. I'M JUST SAYING THAT ALL THOSE EMPLOYEES THAT WANT TO WALK TO LUNCH AND I'M SURE THE BUSINESSES OVER THERE ON LEGACY WOULD LIKE FOR THEM TO WALK TO LUNCH. I THINK SO. SO OKAY ANY OTHER QUESTIONS OF THE APPLICANT? ALL RIGHT SEEING NONE WE DO HAVE ONE REGISTERED SPEAKER PLEASE JEFF GREASON. YEAH. MR. GREESON, IF YOU INTRODUCE YOURSELF YOUR NAME AND ADDRESS PLEASE . GOOD EVENING, COMMISSIONERS. I'M JEFF GREASON, THE FIRST OWNER OF 7241 PARKWOOD BOULEVARD SINCE THE DEVELOPMENT WAS BUILT IN 2006 20 YEARS NOW I WELCOME AT&T TO THE NEIGHBORHOOD. MY CONCERNS ARE NARROW. I HAVE FOUR ASKS ABOUT HOW NOT WHETHER THIS PROJECT PROCEEDS. THE IMAGE YOU SEE HERE IS A SCALE VISUALIZATION FROM THE THIRD FLOOR MASTER BEDROOM OF MY HOME LOOKING NORTHEAST TOWARDS THE PROPOSED STRUCTURE AT ON A SCALE THE TOWER EXTENDS ABOVE THE TOP OF THE FRAME FIRST RESIDENTIAL SETBACK THE RULE FOR TWO 80 FOOT TELECOM SUPPORT STRUCTURE REQUIRES 535FT FROM RESIDENTIAL AND THIS TOWER WILL BE 215FT CLOSER THAN THAT. STAFF IDENTIFIED THE RULES PURPOSE AS TO MITIGATE THE RISK OF FALLING WHICH IS ADDRESSED BY THE RISK CATEGORY THREE CONSTRUCTION PROVISION. BUT THE BINDING EXHIBIT D FILED WITH THE CITY SHOWS THE STRUCTURE NON-ILLUMINATED WHILE AT&T CEO PUBLISHED AN ILLUMINATED RENDERING ON LINKEDIN ON APRIL 28TH, THE STAFF REPORT IS SILENT ON THE ACTUAL RESIDENTIAL IMPACTS GLARE LUMINANCE AND LIGHTING NUISANCE I WOULD ASK THE COMMISSION TO ADD RESIDENTIAL IMPACT MITIGATION PROVISION. PHOTOMETRIC GLARE AND NOISE STUDIES AT UPPER FLOOR RESIDENTIAL WINDOWS AT THE SITE PLAN STAGE SECOND OUTDOOR LIGHTING THE PD HAS ONE NARROW ILLUMINATION PROVISION NO FLASHING STROBING ROTATING OR CHASING BETWEEN 10 P.M. AND 6 A.M.. THE CITY'S OUTDOOR LIGHTING CODE SEPARATELY GOVERNS SHIELDING PROPERTY LINE CAPS AND NUISANCE. I WOULD ASK THE COMMISSION TO EXPRESSLY APPLY THE OUTDOOR LIGHTING CODE WITH SITE PLAN ANALYSIS AT UPPER FLOOR WINDOWS NOT JUST GROUND LEVEL THIRD SIGN CODE PARODY THIS AS THE SIDE BY SIDE SHOWS THE BINDING EXHIBIT D IS NON-ILLUMINATED WHILE THE CEO'S PUBLISHED RENDERINGS SHOWS THE OF THE STRUCTURE ILLUMINATED THAT IS OUTDOOR LIGHTED SIGNAGE NOT JUST AN ABSTRACT SCULPTURE PLANO SIGN CODE PROHIBITS A PRODUCT CATEGORY FLASHING BLINKING FADING DISSOLVING ANY EFFECT THAT GIVES THE APPEARANCE OF MOVEMENT 24 HOURS A DAY. THE PD'S NARROWER PROVISION CREATES AN INCONSISTENCY WITH HOW EVERY OTHER ILLUMINATED SIGN IN PLANO IS REGULATED. I WOULD ASK THE COMMISSION TO AMEND THE PDS ILLUMINATION PROVISION TO MATCH THE SIGN CODE STANDARD FINALLY FORM TIED PERSISTENCE TO THE STAFF REPORT AT PAGE 20 STATES THAT ANY SUBSEQUENT CHANGE TO THE DESIGN OF THE TOWER WOULD REQUIRE A ZONING CHANGE. I WOULD ASK THE COMMISSION TO OPERATIONALIZE THAT PRINCIPLE AND PD TEXT NAMING THE GLOBE THE SHAFT AND THE WISHBONE BASE AS FORMAL ELEMENTS THAT DETERMINE SUBSTANTIVE CHANGE. EACH OF THESE NARROW EACH OF THESE ASK IS NARROW CODE ANCHORED AND WITHIN THE COMPANY SET MY MAY 1ST RED LINE SENT TO STAFF CONTAINS A SPECIFIC LANGUAGE I'M HAPPY TO ANSWER ANY QUESTIONS. >> THANK YOU VERY MUCH. THANK YOU VERY THOROUGH. THANK YOU VERY MUCH. ANY QUESTIONS? NOBODY. OKAY. THANK YOU, SIR. APPRECIATE YOUR TIME. ALL RIGHT. WE HAVE ANY OTHER ORIGINAL SPEAKERS ON THIS ITEM? OKAY. I'LL CLOSE THE PUBLIC HEARING, RESTRICT COMMENTS TO THE COMMISSION. MR. KIM, CAN YOU COME BACK UP? I'VE GOT A COUPLE OF FOLLOW UP QUESTIONS FOR YOU JUST TO CONFIRM SOMETHING THAT THE APPLICANT SAID IF THIS WAS NOT A CELL PHONE TOWER, IF IT WAS JUST A SCULPTURE, WOULD WE NEED A PD FOR IT? NO, IT WOULD BE ALLOWED THE ZONING ORDINANCE SPECIFICALLY STIPULATE HAS STIPULATIONS WHENEVER IT IS A ANTENNA SUPPORT STRUCTURE AND SO THAT'S WHEN THE RIGHT OF WAY SETBACKS AND THE RESIDENTIAL SETBACK IS APPLIED. BUT FOR A TYPICAL STRUCTURE OR SCULPTURE IT WOULD NOT OKAY AND AND IS THAT ALSO APPLY TO ANY LIGHTING OR ANY OF THOSE ITEMS ? WOULD THAT NEED A PD IF IT WASN'T FOR THE CELL TOWER SO THE PROPERTY WOULD STILL HAVE TO MEET LIKE LIGHTING AND NOISE ORDINANCE REQUIREMENTS. IT'S SEPARATE FROM THE STRUCTURE DOESN'T IT'S STILL COVERS IT. >> SO THE CURRENT LIGHT SPILL OFF THE SITE AND SHIELDING AND ALL THE THINGS THAT APPLY TO EVERY OTHER COMMERCIAL PROPERTY WOULD APPLY TO THIS AS WELL IF IT WASN'T A CELL PHONE TOWER. YES. OKAY. SO ALL THOSE GLARE STUDIES AND EVERYTHING WE'RE GOING TO BE REQUIRED EITHER WAY BUT THEY'RE CODIFIED UNDER THE PD AS WELL. CORRECT? OKAY. THANK YOU COMMISSIONER LANG AND FILTER YOU JUST ANSWERED SOME OF MY QUESTIONS THERE BUT THE HEIGHTS HEIGHTS DIDN'T MATTER. IT HAS TO IT REALLY IT'S REALLY JUST ABOUT THE CELL TOWER IN THIS PARTICULAR CASE, CORRECT? >> CORRECT. >> OKAY. AND THEN AND THEN JUST A SIDE QUESTION AND MAYBE JUMP IN WAY AHEAD BUT DOES THE CITY HAVE A PROSPECTIVE TIMELINE FOR FOR THE BRIDGE ON WHEN THAT WOULD BE CONSTRUCTED IN I DON'T THINK SO AT THIS TIME. THEY'RE STILL WORKING ON THE DESIGN AND THE OTHER DETAILS OF THE BRIDGE. OKAY. COMMISSIONER LAWLEY I WANT JUST TO CONFIRM THAT YOU LIKE THIS DESIGN IS NOT FINALIZED, RIGHT? BECAUSE YOU LIKE IF WE APPROVE THE ZONING CASE YOU KNOW LIKE ALL THE PD AND THE DESIGN IS PART OF IT. SO IF IT'S NOT FINALIZED AND WE APPROVE THIS ONE IF THEY CHANGE ANYTHING THEY'RE GOING TO HAVE TO COME TO US. SO IS THIS A FINAL DESIGN BECAUSE YOU'RE LIKE THE APPLICANT KEEPS SAYING THAT YOU LIKE THIS IS THEY'RE WORKING ON IT. IT'S NOT A FINAL DESIGN. IS IT A FINAL DESIGN OR IS THAT RIGHT? >> SO IT THEY THEY ARE STILL WORKING ON, YOU KNOW, MINOR DETAILS. BUT IF AGAIN, IF THEY DO WANT TO MAKE ANY SUBSTANTIVE CHANGES TO THE ACTUAL TOWER ITSELF, THEN THEY WOULD HAVE TO GO THROUGH A ZONING CASE TO MAKE ANY SIGNIFICANT CHANGES. >> SO THE YOU KNOW BASICALLY WHAT WE ARE APPROVING IS THE BALL AND YOU'LL LIKE IN THE STRUCTURE SUPPORTING STRUCTURE RIGHT? >> GENERALLY YES. AND NOT THE YOU KNOW LIKE NOT THE SIZE OF THE BALL ,NOT THE SIZE OF THE SUPPORTING STRUCTURE OR ANYTHING LIKE THAT. >> YEAH. AS LONG AS IT IS IN SO COULD IT BE LIKE YES COULD IT BE LIKE TO DOUBLE THE SIZE OF THE SUPPORTS AT LEAST LIKE I KNOW THAT WE'RE GOING TO LIMIT THE HEIGHT BUT WHAT ABOUT THE ACTUAL STRUCTURE? >> YEAH I CAN SPEAK TO THIS SO THAT IS A DETERMINATION MY MADE BY THE DIRECTOR OF PLANNING AND SO IT IS OUR INTENT THAT THE SIGN SIGNIFICANTLY COMPLY IF THE IF THE BALL GETS SIGNIFICANTLY BIGGER IT'LL BE BACK IN FRONT OF YOU FOR A CHANGE. THAT'LL BE A SIGNIFICANT CHANGE IF THE WISHBONE DESIGN CHANGES THAT'LL BE A SIGNIFICANT CHANGE THAT WILL COME BACK BEFORE YOU KNOW IF THERE'S MORE MATERIAL CHANGES IF THE THE SHAPE IS IS CHANGED IN VERY SMALL WAYS THAT WOULD PROBABLY BE DEEMED AS SUBSTANTIAL CONFORMING BUT THAT DECISION WILL ULTIMATELY BE MADE BY THE DIRECTOR OF PLANNING. >> OKAY. I THINK YOU OKAY HOW EXCITED DO YOU LIKE IT LOOKS NICE. WELL WE'RE GOING TO HAVE OUR MINIATURE UNION TOWER HERE, MR. BRONSKI. >> SO I REALLY LIKE I LIKE THE SCULPTURE A LOT BUT I DO HAVE A COUPLE OF QUESTIONS AS IT RELATES TO THIS BEING A SCULPTURE RATHER THAN A SIGN WHAT WHAT IS THE DIFFERENCE BETWEEN COULD YOU GIVE ME A DEFINITION OF WHAT WE CONSIDER SIGNAGE? SO WHILE WE'RE REVIEWING THE DESIGN OF THE TOWER AND THE SCULPTURAL STRUCTURE AND THE DIRECTOR OF PLANNING AND THE BUILDING CHIEF BUILDING OFFICIAL AND THEN MEET REGARDING THE TOWER AND DETERMINE THAT IT IS NOT A SIGN AND THAT IT IS A SCULPTURE. OKAY. YEAH. I KIND OF WISH HE WAS HERE TONIGHT BECAUSE I'M WE HAD SOME CONVERSATIONS ABOUT WHAT SIGNAGE LOOKS LIKE AND I, I CAN UNDERSTAND THE CITIZENS CONCERN AND CONFUSION I GUESS IN WHAT SIGNAGE LOOKS LIKE AS OPPOSED TO SCULPTURES LOOK LIKE WHEN WE TALKED ABOUT THE GLARE STUDIES AND THINGS LIKE THAT IS THERE A SPECIFIC HEIGHT OR SPECIFIC LOOK? IS IT JUST FROM THE GROUND LEVEL OR IS IT FROM DIFFERENT LEVELS WITH THE BUILDING PERMIT IT THEY ARE REQUIRED TO SUBMIT A PHOTOMETRIC PLAN. IT WAS NOT NECESSARILY A GLARE STUDY BUT IT'S A PHOTOMETRIC PLAN SAYING THE LEVEL OF ILLUMINATION AT THE PROPERTY LINE SO ANY ANY LOCATION ALONG THE PROPERTY LINE THEY MUST SHOW THE HIGHEST LEVEL OF ILLUMINATION. >> OKAY. AND THE PICTURE THAT WE HAD BEING APPROVED CAN YOU GO BACK TO THAT? UH, LET ME SEE IF THEY HAVE A THAT THE ONE THAT WE'RE SUBMITTING AS FAR AS WHAT IT'S SUPPOSED TO LOOK LIKE? >> YES. IT IS KIND OF CUT OFF THE THIS THIS PICTURE IS EXTENDED A LITTLE MORE SHOWING MORE OF THE CAMPUS. BUT YES, SO ONE THING I DON'T NOTICE I DON'T NOTICE ANY COLOR AS IT WAS RELATIVE TO THAT WOULD THE ADDITION OF COLOR AND THINGS OF THAT NATURE WOULD THAT BE SUBSTANTIVE? HOW DO WE DEFINE SUBSTANTIVE LIKE THE MATERIAL LIKE OF THE STRUCTURE LIKE LIKE IF IT WAS A BLUE TOWER ITSELF. SO IF IT BECOMES A BLUE TOWER THEN THAT WOULD BE SUBSTANTIVE . I THINK IT WOULD BE UP TO THE DIRECTOR OF PLANNING'S INTERPRETATION. BUT OKAY, SO THEN WE WOULD DEFINITELY SEE IT BACK THEN IF THE COLORS WERE CHANGING AND THINGS OKAY. THANK YOU VERY MUCH, MR. ALI. I'M GOING TO BEAT A DEAD HORSE A LITTLE BIT. YOU KNOW IT'S THE OLD WHAT IS A BILL WHAT IS A SIGN AND WHAT IS A SCULPTURE? IT'S THE BECAUSE QUOTE I BELIEVE THE COLORS ARE SUPPOSED TO REFLECT THE COMPANY'S LOGO. WHY DOESN'T THAT MAKE THAT A SIGN, YOU KNOW, AND WHY DOES THE ABILITY TO PUT IN A LITTLE BIT MORE LANGUAGE INTO THE PD TO REGULATE WHAT THE EFFECT OF THAT SIGNAGE ON THE NEIGHBORING INDIVIDUALS? WHITE WAIT, WAIT WHY DON'T WE HAVE THAT? MR. ANDREW WOULD YOU MIND ADDRESSING THE QUESTION? NO PROBLEM. SO IN OUR CODE WE GENERALLY TREAT FULL LOGOS AS SIGNS. IF YOU JUST DEPICT SAY YOU DEPICT A CRAYON BUT YOU DON'T WRITE CRAYOLA ON IT, WE DON'T CONSIDER THAT A SIGN WE HAD TO COME UP WITH SOME WAY TO SPLIT ART FROM SIGNAGE AND SO THAT'S BEEN OUR TRADITIONAL INTERPRETATION. IF YOU'RE NOT PUTTING YOUR FULL LOGO UP THERE LIKE IF THEY JUST DID A CELL PHONE BUT IT DIDN'T SAY AT&T ON IT OR REFLECT THE FULL LOGO WE'RE GOING TO CALL IT ART AND THAT IS VERY CONSISTENT WITH FIRST AMENDMENT LAW AND WORKS BETTER I THINK GENERALLY FOR THE CITY. >> SO IT'S THE COPY VERSUS THE BACKGROUND ESSENTIALLY COPY AND COPY ON IT WHICH WE DON'T REGULATE COPY BUT COPY AND IT SOUNDS LIKE IT CHANGES IT TO A SIGNAGE IF YOU IF YOU PUT YOUR FULL TRADEMARK YOUR OR YOUR REGISTERED MARK WHATEVER YOU HAVE COPYRIGHTED OR YOUR COMPANY NAME AND YOU'RE USING THE LETTERING THAT'S YOUR STANDARD LETTERING. WE'RE GOING TO CALL THAT A SIGN. BUT IF YOU HAVE SOMETHING LESS OR DIFFERENT FROM THAT THEN LIKE I SAID I THINK THE CRAYONS THE EASIEST ONE IF YOU HAVE A PICTURE OF A CRAYON BUT YOU NEVER WRITE CRAYOLA ON IT, WE'RE NOT GOING TO SAY THAT THAT'S CRAYOLA EVEN IF WE KNOW IT'S CRAYOLA IS IT SAME THING WITH A MESSY AN ITALIAN RESTAURANT WHERE THEY PAINT A MURAL ON THE SIDE THAT LOOKS LIKE AN ITALIAN RESTAURANT, RIGHT. WE'RE CALLING IT ART. THAT'S FAIR AND WE EMBED LANGUAGE THAT DEFINES WHAT QUOTE SUBSTANTIVE CHANGE IS INTO THE PD TO DEFINE IT. YOU CERTAINLY COULD. I DON'T BELIEVE THERE IS A DEFINED TERM FOR SUBSTANTIVE CHANGE. THE AUDIENCE DOES ALLOW IT DOES HAVE SOME LANGUAGE IN TERMS OF CHANGING ADOPTED EXHIBITS FOR THE OPEN SPACE PLAN FOR EXAMPLE. BUT THERE AREN'T SUBSTANTIAL CONFORMANCE FOR A RENDERING SUCH AS THIS. SO THAT'S SOMETHING THE COMMISSION WANTS TO DO. YOU CERTAINLY CAN. I DO WANT TO CLARIFY THE RECORD THOUGH TO SAY THAT A CHANGE IN THE COLOR IS NOT SOMETHING THAT HAS BEEN DISCUSSED FOR ME THAT I KNOW THAT THE DIRECTOR OF PLANNING WOULD MAKE A DETERMINATION ON ONE WAY OR THE OTHER. SO I DON'T WANT TO SPEAK ON HER BEHALF AND SAY THAT THAT WOULD DEFINITELY BE A SUBSTANTIVE CHANGE IF IT GOES FROM LIGHT BLUE TO MEDIUM BLUE, IS THAT A SUBSTANTIVE CHANGE IN COLOR? THAT'S HER THAT'S HER DECISION TO MAKE. WHAT'S BEFORE YOU TONIGHT IS TO DELEGATE THAT DECISION TO THE CITY'S DIRECTOR OF PLANNING TO MAKE THOSE DECISIONS AND TO BRING THOSE BACK IF SHE FEELS THAT IT IS SUBSTANTIVE CHANGE. >> OKAY. ONE LAST QUESTION. WE TALKED ABOUT THE FORMAT PHOTOMETRIC GLARE AT THE PROPERTY LINE. I'M GOING TO ASSUME THAT WE HAVE PARTICULAR GUIDELINES AS MAXIMUM MINIMUM LIMITS AND WHAT HAVE YOU AND THAT'S WHAT WE'LL BE MEASURING. THAT'S CORRECT. THERE'S A DIFFERENT LEVEL OF FOOT CANDLES. THE STANDARDS ARE MEASURED AT THE PROPERTY LINE. OKAY. ALL RIGHT. THANK YOU. ALL RIGHT, MR. TONG. >> THANK YOU, MR. CHAIRMAN. I WANT TO TALK A LITTLE BIT ABOUT THE THAT PEDESTRIAN BRIDGE. SO FOR TONIGHT'S CASE, IF WE APPROVE THE CASE, DOES THAT INCLUDE APPROVAL OF BUILDING THAT BRIDGE OR IT DOESN'T SO IT'S NOT THE APPROVAL BUT THE LOCATION AND LINK SPECIFIC TO THE PLAZA IT'S KIND OF APPROVED ON THERE BUT THE ACTUAL PEDESTRIAN BRIDGE DOES NOT NEED THE APPROVAL TONIGHT. >> BUT IS IT SOMETHING THAT'S INCLUDED IN THE PROJECT THAT THE CITY WILL HAVE TO SPEND MONEY ON TO BUILD IN THAT BRIDGE IF THIS PLAZA IS BUILT CORRECT. >> IT WILL BE A CITY DESIGNED AND BUILT SO THE LANGUAGE THE LANGUAGE IN THE ORDINANCE SAYS THAT A BRIDGE MAY BE CONSTRUCTED ON THE ON THE PLAZA. IT IS NOT REQUIRING THE BRIDGE TO BE BUILT WITH THE PD STIPULATIONS. >> OKAY. OKAY. I JUST I JUST I'M JUST QUESTIONING THE FUNCTION OF THE BRIDGE RIGHT NOW BECAUSE I REALIZE THAT LITTLE PUBLIC PARK THERE DOESN'T GO ANYWHERE. SO EVEN THOUGH AS YOU SAY IT CONNECTS TO BIKE AND TRAIL OR WHAT KIND OF WHAT TRAIL DOES IT CONNECT TO IT BECAUSE I A LEGACY OTHER THAN THE SIDEWALK BECAUSE THERE'S A LONG SIDEWALK IN FRONT OF IT. YES. >> I DON'T KNOW IF WE CAN THERE'S A PLANNED HIKE AND BIKE TRAIL ON BOTH SIDES OF LEGACY ALL THE WAY TO THE TRAIL ALONG PRESTON ROAD AND IT CONNECTS FURTHER WEST AND TO THE SHOPS OF LEGACY FURTHER WEST AND THE LEGACY WEST. THERE'S A NETWORK OF BIKE TRAILS THAT THEY'RE NOT AWFULLY CONSTRUCTED AT THIS MOMENT BUT THEY ARE BEING PIECED BY BY THE CITY OR WHEN PROPERTIES REDEVELOP THEY'RE PUTTING IN THE LARGER SIDEWALKS. >> OKAY. THAT'S PART OF THE PLAN AND THAT PLAN INCLUDES THAT BRIDGE GOES TO IT INCLUDES THE TRAIL CONNECTION. >> IT DOESN'T SPECIFY WHETHER THAT'S AT GREATER OR OR VIA A BRIDGE BUT THE WIDTH OF THAT AND THE GENERAL LOCATION IS SET BY THE PARK'S MASTER PLAN. >> YES. OKAY. AND THAT'LL BE ON THE I GUESS NORTH SIDE OF LEGACY TO MEAN ON THE EAST SIDE THE CORRECT THE BRIDGE IS CURRENTLY PROPOSED JUST ON THE SOUTH SIDE OF LEGACY ACROSS PARKWAY THERE WILL BE OTHER LOCATION ON THE NORTH SIDE AT THE SOUTH SIDE DON'T LIKE OKAY THANK YOU. ALL RIGHT. COMMISSIONER BRODSKY. YEAH. SO I HAVE A QUESTION FOR MR. ANDREA AS IT RELATES TO THE LOGO, THE IMAGE ITSELF WHEN I GO TO THE SOUTHWESTERN BELL'S DESIGN OF LOGOS AND THE ACTUAL IMAGES LOOKS LIKE IN 1984 AND THEN AGAIN IN 2005 THIS BALL THAT IS BLUE IS AFFILIATED AS THE LOGO THAT THEY HAVE REGISTERED OF OF AND THE TEXT THAT THEY HAVE NEXT TO IT CHANGES FROM A 1969 1984 2005 AS WELL AS 2016 AND MORE CURRENT BUT THE BALL ITSELF DOESN'T CHANGE AT ALL AND SO I'M CURIOUS AS TO DID WE INVESTIGATE WHETHER THE BALL ITSELF WAS THEIR TRADEMARK OR THE BALL AND THE NAME WAS THEIR TRADEMARK? I DON'T KNOW IF WHAT KIND OF INVESTIGATION WAS DONE ON THE TRADEMARK. I JUST KNOW THAT OUR OUR PHILOSOPHY AND AND HOW WE GENERALLY MAKE DETERMINATIONS ON THIS AND YOU KNOW, I'VE DISCUSSED THAT WITH BUILDING INSPECTIONS IN THE PAST AND THE PLANNING DIRECTOR IN THE PAST BUT I, I HAVE NOT BEEN INVOLVED IN ANY KIND OF INVESTIGATION OR ANY KIND OF DETERMINATIONS THAT WAY. >> SO MR. KIM, CAN YOU CAN YOU TELL ME ANY ADDITIONAL INFORMATION AS IT RELATES TO THE LOGO ITSELF AS TO THIS BALL AND ESPECIALLY WITH IT BEING BLUE AND LOOKING AT THE HISTORY OF AT&T, THAT BALL SURE LOOKS LIKE A LOGO. YEAH. >> SO I THINK YOU KNOW WHEN THE DIRECTOR OF PLANNING AND THE CHIEF BUILDING OFFICIAL MET I'M SURE THERE WAS YOU KNOW, SOME CONSIDERATION OF THE HISTORY OF THE LOGO AS IT RELATES TO THE STRUCTURE. I DON'T WANT TO SPEAK ON THEIR BEHALF ABOUT WHAT THEIR INTERPRETATION WAS BUT AT THE ULTIMATE ULTIMATELY IT WAS DETERMINED THAT IT WAS NOT A SIGN AND SO THAT IS WHAT WE ARE AND I THINK THE CONVERSATION WAS BASED ON FACTS PAST PRACTICE OF INTERPRETING WHAT IS ART VERSUS WHAT IS A SIGN AND USING THAT SAME CONSISTENT PRINCIPLE IT WAS DEEMED IN THEIR OPINION NOT TO BE A SIGN . YEAH I WISH WE HAD THE CHIEF BUILDING OFFICIAL HERE BECAUSE AS I'VE LOOKED AT IT AND ESPECIALLY GONE THROUGH SOME OF THESE INFORMATION RELATIVE TO AT&T BALL TO ME THAT LOOKS MUCH MORE LIKE A LOGO THAN I ORIGINALLY THOUGHT IT ESPECIALLY SINCE IT'S GOING TO BE BASICALLY THE COLOR OF THE IMAGE ITSELF AS WELL. SO I DO HAVE SOME CONCERNS ABOUT THAT AND IT'S UNFORTUNATE WE DON'T HAVE THE BUILDING OFFICIAL HERE TONIGHT TO GIVE US A LITTLE MORE DETAIL. BUT THANK YOU VERY MUCH, MR. KIM AND OTHER QUESTIONS OF STAFF NOBODY. OKAY. WE'RE GOING TO TAKE THESE ONE AT A TIME. SO THE FIRST ITEM IS GOING TO BE ITEM ONE A AND BE PREPARED TO MAKE A MOTION. I'LL MAKE A MOTION THAT WE APPROVE ITEM ONE A AS PRESENTED BY THE STAFF MR. LANE AND FELDER I'LL SECOND THAT. ALL RIGHT. WE HAVE THREE OTHER LIGHTS ON THAT PEOPLE WANT TO MAKE COMMENTS. MR. ALI DID YOU WANT MY COMMENT ONE COMMENT I DON'T KNOW IF THIS IS PERTINENT BUT CAN WE TO APPROVE I'M GOING TO MESS UP THE WORDS MIKE SAID WOULD GIVEN THE PLANNING DIRECTOR ALMOST LIKE THE PLAN DIRECTOR NEEDS TO DEFINE FOR US WHAT SUBSTANTIVE CHANGE IS AND WE ADD THAT LANGUAGE TO THE MOTION OR IS THAT NECESSARY? I'M OPEN TO PUSH BUT MY REACTION IS I DON'T THINK IT'S NECESSARY BUT I'M MAY ASK IS THERE A COMMON DEFINITION OF SUBSTANTIVE I THINK SHE WOULD ALWAYS BE YOUR YOUR FIRST LINE BECAUSE SHE IS THE ONE WHO INTERPRETS ORDINANCES THAT THAT WOULD BE INCLUDING THE LANGUAGE. SO SHE IS THE FRONT LINE OF FIGURING OUT COMPLIANCE ON A DAILY BASIS ON A ON A DAY TO DAY BASIS. SHE WILL CERTAINLY HAVE HEARD YOUR COMMENTS HERE AND CONCERNS . BUT IF YOU WANTED TO GIVE A MORE SPECIFIC LIMIT LIKE ABOUT COLOR IF YOU'RE ESPECIALLY INTERESTED IN THAT OR SOMETHING THAT MIGHT BE A BETTER DIRECTION, JUST SAY TO HER IF THE COLORS CHANGING BRING IT BACK. OKAY I WOULD GO MORE IF THE INTENSITY OF THE COLORS CHANGE AND BRING IT BACK IF THE SIZE AND GROWTH OF THE BALL THIS CHANGE IN MATERIALLY BIASED I'M GOING TO MAKE SOMETHING UP 10% MORE THAN THIS AND THE CIRCUMFERENCE THAT WE HAVE LOOKED AT BRING IT BACK IF THE THE HEIGHT IS A NO BRAINER ANYTHING HIGHER THAN WHAT IS CURRENTLY IF THE THE GIRTH OF THE BASE UNLESS IT IS NEEDED TO ACHIEVE THE TIER THREE WHEN WHATEVER TECHNICAL TERM WE CALL IT BRING IT BACK. YEAH FAIR I THINK I THINK IT'S FAIR TO KIND OF DO WHAT WHAT I REFER TO AS LEGISLATIVE INTENT THAT THAT'S NOTED THAT I'M SURE SHE'LL LISTEN TO OUR COMMENTS AND AND UNDERSTAND WHAT OUR INTENT IS SO ALL RIGHT SO WE HAVE A MOTION AND A SECOND I MAY PLEASE VOTE. MOTION PASSES 7 TO 0. ALL RIGHT. ITEM ONE B WHICH IS THE PRELIMINARY SITE PLAN. CAN SOMEBODY PUT THAT SLIDE UP ON THE SCREEN JUST SO WE KNOW WHAT WE'RE VOTING ON? IS IT POSSIBLE FOR MAKE SURE WE ALL KNOW EXACTLY WHAT WE'RE VOTING ON HERE IF YOU GO OKAY, ITEM ONE B COMMISSIONER BRONSKI I MOVE WE APPROVE AGENDA ITEM ONE B AS RECOMMENDED BY STAFF COMMISSIONER SECOND THE MOTION. ALL RIGHT, WE HAVE A MOTION AND A SECOND. ANY QUESTIONS OR COMMENTS? NOBODY. OKAY, PLEASE VOTE. ITEM PASSES 720. ALL RIGHT. ITEM ONE C AND ONE D, MR. BRONSKI I MOVE WE APPROVE AGENDA ITEM ONE C AS RECOMMENDED BY STAFF MR. TOM I SECOND ALL RIGHT. WE HAVE A MOTION IN A SECOND FOR ITEM ONE C THESE VOTE MOTION PASSES 720. OKAY ITEM ONE D MR. BRONSKI I MOVE WE APPROVE AGENDA ITEM ONE D AS RECOMMENDED BY STAFF MR. AND FELTER I'LL SECOND RIGHT WE HAVE A MOTION IN A SECOND ON ITEM ONE D THESE VOTE MOTION IS APPROVED SEVEN ZERO RIGHT. THANK YOU ALL FOR BEING HERE TONIGHT. THANK YOU VERY MUCH. ALL RIGHT. HAD A NUMBER TWO AGENDA ITEM NUMBER TWO REQUEST TO AMEND HERITAGE LANDMARK DESIGNATION 1H1 ON 3.8 ACRES OF LAND OUT OF THE SOLOMON FITZHUGH SURVEY ABSTRACT NUMBER 327 LOCATED ON THE SOUTHEAST CORNER OF 15TH STREET AND PITMAN DRIVE IN THE CITY OF PLANO CALL IN COUNTY, TEXAS TO MODIFY DEVELOPMENT STANDARDS. THE PETITIONER IS CITY OF PLANO. ITEM IS FOR LEGISLATIVE CONSIDERATION. >> GOOD EVENING COMMISSIONERS DESTINY WOODS, PLANNER WITH THE PLANNING DEPARTMENT. SO TONIGHT WE'RE LOOKING AT THIS ZONING CASE FOR HERITAGE DESIGNATION ONE SO THE AREA OF THE SUBJECT PROPERTY IS SHOWN IN YELLOW AND THE AMY WILSON HOUSE AND OR HERITAGE FARMSTEAD MUSEUM IS THE CITY OF PLATO'S FIRST HERITAGE LANDMARK DESIGNATION A HERITAGE LANE LANDMARK DESIGNATION IS A ZONING OVERLAY DISTRICT SO THE PLANNING ZONING COMMISSION MAY MODIFY DEVELOPMENT STANDARDS IN ORDER TO PRESERVE OR PROTECT THE LANDMARK. >> SO ONE OF THOSE REQUESTED MODIFICATIONS IS TO ALLOW CRUSHED GRANITE FOR GATED PARKING AREAS ON SITE. CRUSHED GRANITE IS NOT A PERMITTED PAVING TYPE IN THE ZONING ORDINANCE SO THIS IS A REQUESTED ALLOWANCE AND THEN BOTH THE HERITAGE COMMISSION AND CITY STAFF FIND THAT CRUSHED GRANITE IS AN APPROPRIATE PAVING MATERIAL TO PROTECT AND MAINTAIN THE INTEGRITY OF THE LANDMARK. >> THE OTHER MODIFICATION SHOWN TO THE EXISTING DEVELOPMENT STANDARDS IS TO ALLOW A HISTORICALLY APPROPRIATE IDENTIFICATION SIGN AND A CONCEPTUAL RULE DESIGN OF THE SIGN IS SHOWN ON THE SCREEN BUT IT IS SUBJECT TO APPROVAL OF A CERTIFICATE OF APPROPRIATENESS THAT WOULD BE APPROVED BY THE HERITAGE COMMISSION. >> SO THIS SCREEN SHOWS THE ASSOCIATED STIPULATIONS AND THOSE MODIFICATIONS I MENTIONED IN BLUE AND THEN THIS REQUEST DOES MEET THE POLICIES THE APPLICABLE POLICY SET BY THE COMPREHENSIVE PLAN. SO WE DID RECEIVE TWO LETTERS WITHIN THE 200 FOOT BUFFER OF THE SUBJECT PROPERTY IN SUPPORT AND SIX RESPONSES CITYWIDE. >> SO THE HERITAGE COMMISSION DID RECOMMEND THIS ITEM FOR APPROVAL BY A VOTE OF 6 TO 0 AND STAFF ALSO RECOMMENDS FOR APPROVAL AS SUBMITTED. I'M AVAILABLE FOR ANY QUESTIONS AS WELL AS MRS. PULASKI WITH THE HERITAGE DIVISION OF PLANNING AND THE REPRESENTATIVE FROM THE HERITAGE FARMSTEAD MUSEUM IS ALSO HERE. IF YOU HAVE QUESTIONS OR QUESTIONS OF STAFF AS WELL, MAKE ONE CLARIFICATION THAT THE PICTURE OF THE SIGN THAT YOU SAW IS NOT A FINAL DESIGN SIGN. THAT'S JUST AN ILLUSTRATIVE EXAMPLE. THE FINAL SIGN WOULD NEED TO BE APPROVED TO THE HERITAGE COMMISSION FOR ITS APPROPRIATENESS AT THE SITE WHICH PARALLELING YEAH THAT'S THAT WAS ACTUALLY MY QUESTION ABOUT THE SIGN IF IT'S THERE AND WHAT'S THE RELATIONSHIP BETWEEN THE SIGN THAT YOU SHOWED WHAT THE ACTUAL YOU LIKE THE HOUSE AND I BELIEVE ACTUALLY THE LIKE I WOULD BE IN FAVOR OF THE GRAVEL BECAUSE YOU LIKE IT IS PERMEABLE SO I THINK IT'S MORE SUSTAINABLE THAN ASPHALT AND IF IT SERVES THE PURPOSE SO I, I THINK IT'S A GOOD IDEA. OKAY COMMISSION AND OTHER QUESTIONS OF STAFF AND OKAY I'M GOING TO OPEN THE PUBLIC HEARING AND I BELIEVE THE APPLICANT IS HERE. DO WE HAVE ANY QUESTIONS OF THE APPLICANT? NO. DO WE HAVE ANY OTHER REGISTERED SPEAKERS? OKAY I'LL CLOSE PUBLIC HEARING . COMMISSIONER BINDER MOTION TO APPROVE COMMISSIONER ALI SPENT TOO MUCH TIME LOOKING AT PERIOD PIECES OF APPROPRIATE PAVING AND SECOND COMMISSIONER LENA FELTON. DID YOU HAVE A OKAY YOU TURNED ONE OFF ALL RIGHT. WE HAVE A MOTION IN A SECOND. PLEASE VOTE MOTION APPROVED 720. RIGHT. ITEM NUMBER THREE JAN AGENDA ITEM NUMBER THREE ALVES ADDITIONAL LOCK A LOT ONE PROFESSIONAL GENERAL ADMINISTRATIVE OFFICE ON ONE LOT ON POINT THREE ACRE LOCATED ON THE SOUTH SIDE OF 18TH STREET 175FT WEST OF K AVENUE ZONE DOWNTOWN BUSINESS GOVERNMENT THE APPLICANT IS G G CONSTRUCTION SERVICES THE THIS ITEM IS FOR LEGISLATIVE CONSIDERATION OF A SUBDIVISION ORDINANCE VARIANCE. OKAY. HELLO AGAIN. >> SO THIS PROPERTY IS LOCATED ON 18TH STREET JUST EAST OF I AVENUE. IT'S LOOKING ON THE SOUTH SIDE. THERE'S CURRENTLY A BUILDING ON THE PROPERTY. LET ME SORRY ABOUT THAT. HERE'S THE PLAT THAT IS IN REVIEW TODAY. SO THERE IS CURRENTLY A BUILDING BUILT ON THE PROPERTY USED TO BE A FORMER HOME BUILT AROUND THE 1940S. CURRENTLY TODAY IT IS SURROUNDED BY OTHER DEVELOPED PARCELS. >> THERE IS A BUILDING TO THE TO THE EAST AND OUT TO THE WEST AND THEN SOME RESIDENTIAL HOMES TO THE SOUTH. SO IN ORDER FOR THIS PROPERTY TO GET A CERTIFICATE OF OCCUPANCY THE LOT IS REQUIRED TO BE PLATTED. AND SO THAT'S WHY PART OF WHY WE ARE HERE TODAY. UPON REVIEW STAFF FOUND THAT THE THE LOT WITH A LONG 18TH STREET IS 73FT. THE SUBDIVISION ORDINANCE REQUIRES A MINIMUM FRONTAGE OF 100FT ALONG THE STREET. SO WE ARE REQUESTING A REDUCTION TO THE FRONTAGE ALONG 18TH STREET SOUTH. THEY DO AN ANALYSIS OF THE REQUEST PRIOR TO THIS HEARING. WE FOUND THAT THERE'S NO DETRIMENT TO PUBLIC SAFETY, HEALTH OR WELFARE OR INJURY TO OTHER PROPERTY. THE CONDITIONS UPON WHICH THE REQUEST FOR VARIANCE IS BASED ARE UNIQUE TO THE SUBJECT PROPERTY AND ARE NOT GENERALLY APPLICABLE TO OTHER PROPERTIES. AND THE SUBJECT PROPERTY IS SURROUNDED BY OTHER DEVELOPED PARCELS WHICH LIMITS THE ABILITY ABILITY TO MODIFY LOT DIMENSIONS AND THE REQUESTED VARIANCES NOT VARY THE PROVISIONS OF THE ZONING ORDINANCE OR THE COMPREHENSIVE PLAN. STAFF RECOMMENDS THAT THE FIND RECOMMENDED THAT THE FINDINGS ARE MET AND APPROVAL SUBJECT TO THE FOLLOWING OR A VARIANCE TO SUBSECTION 5.2.3. A OF THE SUBDIVISION ORDINANCE TO REDUCE THE MINIMUM REQUIRED FRONTAGE FROM 100FT TO 73FT AND ADDITIONS AND OR ALTERATIONS TO THE ENGINEERING PLANS AS REQUIRED BY THE ENGINEERING DEPARTMENT. I'M AVAILABLE FOR ANY QUESTIONS . THANK YOU, MR. KIM. I JUST HAVE ONE QUESTION. THIS LOT HASN'T CHANGED SINCE 1940 CORRECT? I BELIEVE SO. OKAY. SO THIS IS THIS HOUSE. IT'S BEEN THERE FOR 80 YEARS. THEY'RE NOT ASKING TO DO ANYTHING THAT HASN'T BEEN THERE FOR A LONG, LONG TIME. RIGHT. OKAY. THAT'S JUST WANT TO MAKE SURE I WAS CLEAR. ALL RIGHT. COMMISSIONER, ANY QUESTIONS OF STAFF AND I BELIEVE WE DO KNOW WE DO NOT HAVE A SPEAKER ON MY SIDE. I DON'T HAVE ANY REGISTERED SPEAKERS. OKAY. MR. ALI, RANDOM QUESTION. SINCE THIS HAS BEEN UNCHANGED SINCE 1940, DOES IT HAVE TO GO THROUGH ANYTHING HERITAGE WISE ? I BELIEVE IT IS NOT WITHIN THE HERITAGE DESIGNATED DISTRICT. SO IT WOULD NOT. ALL RIGHT. MR. LOLLY, I DON'T KNOW IF THIS IS, YOU KNOW, LIKE A LEGAL QUESTION OR YOU LIKE ALL OF THE LOTS ON BOTH SIDES OR YOU KNOW, LIKE ALONG THOSE YOU KNOW, LIKE FRONTAGE. ARE THESE ALL COMPLIANT LIKE THEY HAVE A 100 FOOT FRONTAGE. IS IT THE ONLY TWO LOT? I KNOW THAT YOU'RE LIKE YOU SAID THAT THERE'S THE LIKE WHATEVER WE'RE VOTING ON IT'S GOING TO BE SPECIFIC TO THIS LOT BUT YOU KNOW LIKE ARE THERE OTHER LOTS? SO ARE WE YOU KNOW LIKE JUST GIVING OUR DECISION ON YOU KNOW LIKE ON THIS LOT SPECIFICALLY OR YOU LIKE THIS? I DON'T KNOW IF THIS IS RIGHT. I DO BELIEVE THERE ARE ESPECIALLY AROUND THE DOWNTOWN PLANO DOWNTOWN AREAS AND THERE ARE HISTORICALLY SMALLER LOTS THAT ARE KIND OF RUNNING INTO THIS ISSUE. AND SO WE HAVE HAD TO REQUEST THESE VARIANCES FOR THESE LOTS . >> IT'S NOT USUALLY SO YOU LIKE SO INDIVIDUAL? YES, IT'S BEEN IDENTIFIED FOR SOMETHING TO ADDRESS IN THE ZONING AND SUBDIVISION ORDINANCE REWRITE OR SOME OF THESE ARE OLDER PARCELS AROUND DOWNTOWN. >> OKAY. SO YOU'LL LIKE SOME OF WHATEVER DECISION THAT WE MAKE TODAY, YOU KNOW LIKE IT'S NOT GOING TO BE APPLIED TO, YOU KNOW, LIKE EVERYTHING. OKAY. OKAY. THANK YOU. OKAY. JUST BECAUSE I'M REALLY FAMILIAR THAT LITTLE SHED THAT YOU SEE JUST TO THE RIGHT OF THIS THAT'S THE OUTBUILDING OF ONE OF THE OLDEST HOUSES IN PLANO. SO I KNOW IT'S NOT GOING ANYWHERE AND THERE'S A BEAUTIFUL CELL PHONE TREE RIGHT TO THE WEST OF THERE WHICH WE MAY HAVE DISCUSSED IN A PREVIOUS MEETING THE PRETTIEST IN TOWN. SO NEITHER ONE OF THOSE IS GOING ANYPLACE ANYTIME SOON. ALL RIGHT. I'LL MAKE A MOTION. WE APPROVE THIS AS PRESENTED BY CITY STAFF COMMISSIONER LOLLY. AND I'LL SECOND ALL RIGHT. WE HAVE A MOTION IN A SECOND. PLEASE VOTE . MOTION APPROVE 720. ALL RIGHT. AND REMEMBER FOR AGENDA ITEM FOUR PARKER TOWN CENTER BLOCK ONE LOT TWO A MEDICAL TWO I'M SORRY. LOT TWO A MEDICAL OFFICE ON ONE LOT ON POINT FIVE ACRE LOCATED ON THE EAST SIDE OF KAY AVENUE 690FT NORTH OF PARKER ROAD. ZONED RETAIL THE APPLICANT IS NATURE'S CHOICE MANAGEMENT COMPANY PLC. THE ITEM IS FOR LEGISLATIVE CONSIDERATION OF LANDSCAPE EDGE REDUCTION. THANK YOU. >> THERE WE GO. ON THE MAP HERE WE HAVE THE SUBJECT PROPERTY. IT IS LOCATED ALONG K AVENUE WITHIN THE ADJACENT TO A LARGER SHOPPING CENTER AREA. ON THE RIGHT IS THE CURRENT SITE PLAN UNDER REVIEW AND THIS MEETING. SO I DO WANT TO POINT OUT JUST A COUPLE OF THINGS ABOUT THE CURRENT CONFIGURATION OF THE SITE AS WELL AS THE REQUEST THAT IS BEING PROPOSED. >> SO ON THE SITE THERE USED TO BE A BUILDING A RESTAURANT YOU CAN SEE IT ON THE RIGHT IMAGE HERE. IT HAS SINCE BEEN TORN DOWN BUT THERE WAS A BUILDING HERE THAT WAS BUILT PRE OUR LANDSCAPE REQUIREMENTS AND SO THERE WAS NO LANDSCAPE REQUIREMENTS IN EFFECT AT THE TIME WHEN IT WAS BUILT. AND SO THERE IS A FIRE LANE THAT IS CONNECTING TO THE EXISTING SHOPPING CENTER LOTS. AND SO THAT WILL BE CONTINUED TO BE PROVIDED. AND THEN ON THE LEFT IMAGE HERE YOU ALSO SEE THERE IS A RETAINING WALL ALONG AVENUE AND THAT IS ALSO WITHIN PART OF THEIR, YOU KNOW, SIDEWALK AND LANDSCAPE. THAT AREA. AND SO THERE ARE SOME TOPOGRAPHY FOR ALL CHALLENGES. SORRY I. >> AS IT RELATES TO THE SITE. AND SO IN THE SUBJECT PROPERTY THERE IS A TEN FOOT LANDSCAPE EDGE REQUIRED ALONG K AVENUE. AND THAT IS CONSISTENT WITH OUR PARKS MASTER PLAN DUE TO THE EXISTING SITE CONDITIONS OF THE RETAINING WALL KEEPING THE FIRE LANE WHERE IT IS TODAY. THERE IS SOME CHALLENGES ASSOCIATED WITH DEVELOPING THE FULL TEN FOOT LANDSCAPE EDGE. SO YOU CAN SEE ON THE IMAGE ON THE RIGHT SO THE HIKING MITCHELL IS RIGHT IN THE CENTER AND RIGHT ALONG THE PROPERTY LINE. AND YOU CAN SEE THERE IS A 12 FOOT HIKING BIKE TRAIL EASEMENT . AND THEN AFTER THE HIKING BIKE TRAIL EASEMENT THERE IS THE PROPOSED SEVEN FOOT LANDSCAPE EDGE. AND THEN ALSO WITHIN THAT LANDSCAPE EDGE THERE IS PROPOSED TO BE A FOUR FOOT CONCRETE SIDEWALK. AND THAT WILL TAKE UP A SIGNIFICANT SIGNIFICANT PORTION OF THE LANDSCAPE EDGE AS WELL DUE TO THE GRADING OF THE SITE . SECTION 17 100 NOT F ALLOWS THE COMMISSION TO REDUCE THE REQUIRED LANDSCAPE EDGE WHEN THE REDUCTION IS REQUIRED FOR PUBLIC IMPROVEMENTS. >> SO STAFF RECOMMENDS THE ITEM FOR APPROVAL SUBJECT TO THE REQUIRED FINDINGS BEING MET TO ALLOW A REDUCTION OF THE LANDSCAPE EDGE AS SHOWN IN THE REVISED SITE PLAN. I'M AVAILABLE FOR ANY QUESTIONS. THANK YOU MR. KIM SO JUST ONE QUICK QUESTION. THAT SIDEWALK IF WE CAN GO BACK TO THE ONE HAS THE ZIGZAG SIDEWALK ON IT. I PRESUME THE REASON THAT SIDEWALK IS THAT WAY IS TO PROVIDE ADA ACCESS FROM THE STREET UP TO THE FACILITY. YES, THAT IS CORRECT. BECAUSE OF THIS RETAINING WALL? YEAH. SO IN ORDER TO BUILD OUT THE HIKE AND BIKE TRAIL HERE, THE RETAINING WALL WILL BE PUSHED BACK FURTHER INTO THE SITE. AND THEN THEY WILL MAKE CONNECTIONS FROM THE EXISTING SIDEWALK TO THE NEW HIKING BIKE TRAIL THAT WILL BE PROPOSED. AND SO THERE WILL STILL BE CONNECT CONNECTIONS FOR THE PEDESTRIAN WITHOUT INTERRUPTIONS. SO THAT'S WHY YOU SEE THIS KIND OF ZIGZAG PATTERN TODAY. OKAY. >> THANK YOU, MR. BRODSKY. JUST FOR CLARITY SAKE, CAN YOU GO TO THE LAST PAGE? NO. THERE YOU GO. SO WHEN IT TALKS ABOUT REQUIRED FINDINGS THAT'S NOT TALKING ABOUT THE FINDINGS FORM RELATIVE TO THE COMPREHENSIVE PLAN. THAT'S SIMPLY THE TERMINOLOGY USAGE THERE. CORRECT? OKAY. THANK YOU. I HAD COMMISSIONER ALI FOR MY MEMORY AND OCCASION THE PURPOSE OF THE TEN FOOT LANDSCAPE EDGE IS WHAT THE CELL IT'S OBSCURE, RIGHT? >> SO IT IS TO PROVIDE YOU KNOW ,ENOUGH ROOM FOR LANDSCAPING TO BE PROVIDED TO JUST TREES AND SHRUBS. I DO WANT TO NOTE THAT EVEN WITH THE CONSTRUCTION OF THE SIDEWALK AT THIS LOCATION HERE, THEY ARE STILL ABLE TO PROVIDE THE REQUIRED NUMBER OF SHRUBS AND TREES. >> SO IN EFFECTIVELY THEY ARE STILL ABLE TO MEET SOME OF THE LANDSCAPE EDGE REQUIREMENTS BUT JUST THE TYPICAL WITH THAT WOULD BE REQUIRED CANNOT BE MET . >> BUT THE EDGE IS NOT TO OBSCURE WHAT IS BEHIND THAT BUFFER. IT'S JUST MORE OF A VISUALLY APPEALING AS YOU GO ALONG AVENUE RIGHT. >> AND IT IS ALSO SERVING TO PROVIDE SCREENING FROM ANY LIKE PARKING LOTS AS WELL AS ANY DRIVES AS WELL. SO YOU WOULD NEED SHRUBS HERE AS WELL AS TREES. AND SO THE APPLICANT IS ABLE TO MEET THAT WHERE THERE IS ROOM THEY CAN. >> COMMISSIONER LAWLEY. AND THAT WAS ACTUALLY MY QUESTION. YOU KNOW LIKE THEY WILL THEY ARE GOING TO BE ABLE TO PUT ANY SHRUBS OR YOU KNOW LIKE FOR HEADLIGHTS AND EVERYTHING AND IT'S ENOUGH YOU KNOW LIKE YOU THINK IN YOUR OPINION IT'S ENOUGH AND THEY CAN ACCOMMODATE THIS. >> YES, WE DO HAVE A REVISED LANDSCAPE PLAN AS WELL AND ASSOCIATED WITH THIS REVISED SITE PLAN. IT IS NOT BEING PRESENTED TONIGHT BUT BASED ON THE INFO WE HAVE THEY ARE PROVIDING ENOUGH. >> I THINK. ALL RIGHT. ANY OTHER QUESTIONS WE DO HAVE THE APPLICANT HERE IS AVAILABLE FOR ANY QUESTIONS AND ANY QUESTIONS FOR THE APPLICANT. NOBODY. OKAY. THANK YOU, MR. KIM. THANK YOU, COMMISSIONER. >> MR. LANE AND FILTER I MOVE THAT WE APPROVE THIS ITEM AS RECOMMENDED BY STAFF COMMISSIONER BRODSKY. SECOND. ALL RIGHT. WE HAVE A MOTION IN A SECOND. PLEASE VOTE. MOTION PASSES 7 TO 0. ALL RIGHT. COMMENTS OF PUBLIC INTEREST. WE HAD NO ONE REGISTERED FOR COMMENTS OF PUBLIC INTEREST. >> OKAY. THE BUSINESS FOR THE COMMISSION THIS EVENING? NO. OKAY. WE'LL STAND ADJOURNED AT 7:16 P.M. THAT'S THE TIME. SO WE H