SEPTEMBER 18, 2023. PLANO PLANNING AND ZONING >> Chair Downs: THANK YOU GUYS FOR BEING HERE TONIGHT. HE TAKES GREAT CARE OF ME ON THE SPEAKER BUTTON BUT I MESS HIM UP. THANK YOU FOR BEING HERE TONIGHT. IT IS RIGHT AT 7:00 AND WE ARE GOING TO CONVENE THE PLANNING AND ZONING COMMISSION THIS EVENING. IF YOU WOULD, PLEASE RISE AND JOIN ME IN THE PLEDGE OF ALLEGIANCE. [PLEDGE OF ALLEGIANCE] >> COMMENTS OF PUBLIC INTEREST THIS PORTION OF THE MEETING IS TO ALLOW UP TO THREE MINUTES PE SPEAKER WITH 30 TOTAL MINUTES ON ITEMS OF INTEREST OR CONCERN AND NOT ON ITEMS THAT ARE ON TH CURRENT AGENDA. THE PLANNING AND ZONING COMMISSION MAY NOT DISCUSS THESE ITEMS, BUT MAY RESPOND WITH FACTUAL OR POLICY THE PLANNING AND ZONING COMMISSION MAY CHOOSE TO PLACE THE ITEM ON A FUTURE AGENDA. THE PRESIDING OFFICER MAY MODIF THESE TIMES AS DEEMED NECESSARY. >> Chair Downs: THANK YOU. DO WE HAVE ANY SPEAKERS ON THIS ITEM? >> NO, WE DO NOT. >> Chair Downs: THANK YOU. LET'S MOVE TO CONSENT. >> CONSENT AGENDA. THE CONSENT AGENDA WILL BE ACTED UPON IN ONE MOTION AND CONTAINS ITEMS WHICH ARE ROUTINE AND TYPICALLY NONCONTROVERSIAL. ITEMS MAY BE REMOVED FROM THIS AGENDA FOR INDIVIDUAL CONSIDERATION BY COMMISSIONERS OR STAFF. >> Chair Downs: THANK YOU. WOULD ANYONE LIKE TO REMOVE AN ITEM FROM THE CONSENT AGENDA? >> I MOVE WE APPROVE THE CONSENT AGENDA AS SUBMITTED. >> SECOND. >> Chair Downs: I HAVE A MOTION BY COMMISSIONER BRONSKY WITH A SECOND BY COMMISSIONER TONG TO APPROVE THE CONSENT AGENDA. PLEASE VOTE. MR. OLLEY IS NOT HERE. >> [OFF MIC] >> Chair Downs: WE HAVE AN ERROR ON OUR VOTING. WE'LL HAVE TO GET THIS STRAIGHT. MR. LISLE IS HERE, NOT MR. OLLEY. SO WE NEED TO -- WHILE SHE'S DOING THAT, LET'S JUST DO A QUICK HAND VOTE. THAT ITEM CARRIES 6-0. SO WE'LL LET HER GET THAT STRAIGHTENED UP AND WE'LL MOVE TO ITEM 1. >> MY APOLOGIES. ITEMS FOR INDIVIDUAL CONSIDERATION. PUBLIC HEARING ITEMS. UNLESS INSTRUCTED OTHERWISE BY THE CHAIR, SPEAKERS WILL BE CALLED IN THE ORDER REGISTRATIONS ARE 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 MODIF THESE TIMES AS DEEMED NECESSARY ADMINISTRATIVE CONSIDERATION ITEMS MUST BE APPROVED IF THEY MEET CITY DEVELOPMENT REGULATIO LEGISLATIVE CONSIDERATION ITEMS ARE MORE DISCRETIONARY, EXCEPT AS CONSTRAINED BY LEGAL CONSIDE AGENDA ITEM NO. 1. PUBLIC HEARING: ZONING CASE 2023-006 - REQUEST FOR SPECIFIC USE PERMITS FOR A PRIVATE CLUB AND FOOD TRUCK PARK ON 0.8 ACRE LOCATED 524 FEET NORTH OF PARK BOULEVARD, AND 940 FEET EAST OF PRESTON ROAD. ZONED RETAIL. THIS WAS TABLED ON SEPTEMBER 5, 2023. PETITIONER: AMREIT SSPF PRESTO GOLD LP. THIS IS FOR LEGISLATIVE CONSIDERATION. REQUESTED TO TABLE THIS REQUEST TO THE OCTOBER 2 PLANNING AND ZONING COMMISSION MEETING AND STAFF SUPPORTS THAT REQUEST . AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS. >> Chair Downs: THANK YOU. ANY QUESTIONS FOR STAFF ON ITEM 1. THANK YOU VERY MUCH. I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS ON ITEM 1 IS? >> NO, WE DO NOT. >> Chair Downs: THANK YOU. I'LL CLOSE THE PUBLIC HEARING AND CONFINE THE DISCUSSION TO THE COMMISSION. >> I MAKE A MOTION WE TABLE ZONING CASE NO. 2023-006 TO THE OCTOBER 2, 2023 MEETING. >> SECOND. >> Chair Downs: I HAVE A MOTION BY COMMISSIONER RATLIFF BRONY TOCCEPTHEY COMMISSIONER APPLICANT'S REQUEST TO TABLE. PLEASE VOTE. THAT ITEM CARRIES 6-0. ITEM 2. AND YOU CAN READ A AND B TOGETHER. >> AGENDA ITEM NO. 2A AND 2B. PUBLIC HEARING: ZONING CASE 2023-013 - REQUEST TO REZONE 7. ACRES LOCATED AT THE SOUTHEAST CORNER OF MUNICIPAL AVENUE AND 13TH STEET FROM LIGHT INDUSTRIAL-1O PLANNED VELOPMENT BUSINESS/GOVERNMENT TO ALLOW OUTDOOR COMMERCIAL AMUSEMENT AS AN ADDITIONAL USE AND TO MODIFY DEVELOPMENT STANDARDS INCLUDING, BUT NOT LIMITED TO, SETBACK HEIGHT PARKING. TABLED ON SEPTEMBER 15, 2023. ZONED LIGHT INDUSTRIAL-1. PETITIONER: 2022 PLANO LUNA, LP THIS IS FOR LEGISLATIVE CONSIDE. PUBLIC HEARING ITEM 2B IS A CONCEPT PLAN. RAILSIDE ADDITION, BLOCK A, LO 1 AND - 390 MULTIMILY RESIDENCE UNITS ON LOT 1, RESTAURANT AND OUTDOOR COMMERCIAL AMUSEMENT ON LOT 2, ON 6.7 ACRES LOCATED AT THE SOUTHEAST CORNER OF MUNICIPAL AVENUE AND 13TH STREET. ZONED LIGHT INDUSTRIAL-1. APPLICANT: 2022 PLANO LUNA, LP. THIS IS FOR ADMINISTRATIVE CONSIDERATION. >> GOOD EVENING, AGAIN. THIS REQUEST IS TO CHANGE THE ZONING FROM LIGHT INDUSTRIAL 1 TO PLANNED DEVELOPMENT DOWNTOWN BUSINESS GOVERNMENT, TO ALLOW FOR OUTDOOR COMMERCIAL AMUSEMENT WITH MULTIFAMILY RESIDENCE AND COMMERCIAL USES IN A PEDESTRIAN-ORIENTED CONTEXT . HIGHLIGHTED ON THE SCREEN IN YELLOW IS THE PROPERTY. ACROSS 13th STREET THE PROPERTIES ARE ZONED RETAIL AND ARE DEVELOPED WITH SINGLE-FAMILY RESIDENCES, VEHICLE STORAGE, AND VACANT PROPERTY. ACROSS N AVENUE THE PROPERTY IS ZONED RETAIL AND LIGHT INDUSTRIAL 1 AND IS DEVELOPED WITH COMMERCIAL ANTENNA SUPPORT STRUCTURE, UTILITY DISTRIBUTION LINE, AND A DART RAILROAD RIGHT OF WAY. IMMEDIATELY SOUTH OF THE SUBJECT PROPERTY IS DART RIGHT WAY AND ACROSS THE DART IS LIGHT INDUSTRIAL 1. ACROSS MUNICIPAL AVENUE IS PROPERTIES ARE ZONED LIGHT COMMERCIAL WITH SPECIFIC-USE PERMITS NO. 166 FOR TRANSIT CENTER STATION AND 406 AND ARE DEVELOPED ARE PROFESSIONAL AND ADMINISTRATIVE OFFICES AND A TRANSIT CENTER STATION . ON THE SCREEN IS THE COMPANION CONCEPT PLAN. THE APPLICANT IS PROPOSING 390 UNIT MULTIFAMILY BUILDINGS WITH SMALL POCKETS OF ACTIVE OPEN SPACE AND A PARKING GAGEN THE WESTERN SIDE OF THE PROPERTY. ON THE EASTERN SIDE A RESTAURANT AND PATIO ARE PROPOSED. IN ADDITION TO OUTDOOR COMMERCIAL AMUSEMENT AND A SURFACE PARKING LOT. THE LARGE EXISTING WAREHOUSE BUILDING ALONG THE DART RAILROAD RIGHT OF WAY IS PROPOSED TO BE PRESERVED AND REUSED AS THE OUTDOOR COMMERCIAL AMUSEMENT SPACE. THERE WILL BE ON-STREET PARKING ALONG 13th STREET AND PROPOSED PRIVATE SHARED STREET. THIS IS A COLORED CONCEPT PLAN AS PROVIDED BY THE APPLICANT. THE SUBJECT PROPERTY IS DESIGNATED DOWNTOWN CORRIDORS ON THE FUTURE LAND USE MAP. THE REQUEST DOES NOT CONFORM TO THE MIX OF USES RGM5A AND B AND FINDINGS ARE REQUIRED TO RECOMMEND APPROVAL FOR THIS ITEM . THIS PROPERTY IS UNIQUELY SITUATED BETWEEN STREETS AND TRANSIT RIGHT OF WAY AND IS SURROUNDED BY EXISTING DEVELOPMENT. THE PROPOSED 12th STREET SILVER LINE STATION IS UNDER CONSTRUCTION AND THERE IS AN OPPORTUNITY FOR THIS PROPERTY TO BECOME A TRANSIT-ORIENTED DEVELOPMENT. SHOWN ON THE SCREEN IS THE INITIAL CONCEPT PLAN AND THE CURRENT CONCEPT LAYOUT. THE MAJOR CHANGES WHEN DOING A SIDE-BY-SIDE COMPARISON IS THE INCREASE IN RESIDENTIAL, REDUCTION IN NON-RESIDENTIAL, AND THE INTERNAL STREET ALIGNMENT AS THE INITIAL CONCEPT LAYOUT CONNECTED TO M AVENUE. THIS PROPERTY IS RIGHT FOR REDEVELOPMENT AND THE PLANNING AND ZONING COMMISSION SHOULD CONSIDER THE APPROPRIATE DEVELOPMENT STANDARDS THAT WOULD BEST SUPPORT THE LONG-RANGA TO THE CITY. CAN WE PLEASE MOVE THE SLIDE FORWARD ONE? THANK YOU. THE APPLICANT IS REQUESTING TO ALLOW 390 UNITS WITHIN THE SUBJECT PROPERTY. THE BG DISTRICT ALLOWS FOUR STORIES OF MULTIFAMILY BY RIGHT O FOUR STORIES OF MULTIFAMILY MAY BE CONSTRUCTED ON A HORIZONTAL STRUCTURE CONCRETE PODIUM WHERE THE FIRST FLOOR CONSISTS OF NON-RESIDENTIAL USES, FLEX SPACE, OR PARKING. ADJACENT TO 13th STREET, TO RESPECT THE EXISTING ONE-STORY SINGLE-FAMILY RESIDENCES, THE APPLICANT IS PROPOSING TO RESTRICT THE BUILDING HEIGHT TO A MAXIMUM OF FOUR STORIES AND 55 FEET WITH A MAXIMUM OF 35-FOOT SETBACK. FOR THE REMAINDER OF LOT 1, THE APPLICANT IS PROPOSING FIVE STORIES AND 65 FEET WITH A SETBACK BETWEEN 15 AND 20EET FROM MUNICIPAL AVENUE. THE APPLICANT PROPOSES A PD STIPULATION THAT WOULD DELAY DEVELOPMENT OF MULTIFAMILY UNTIL THE EARLIER OF JANUARY 1, 2025 OR AFTER ISSUING A BUILDING PERMIT TO CONSTRUCT OR REPURPOSE 5,000 SQUARE FEET OF NON-RESIDENTIAL SPACE. THIS STIPULATION DOES NOT PROVIDE ANY FIRM COMMITMENT TO COMMERCIAL USES. STAFF IS SUPPORTIVE OF THE PD BUDINGACADES MAY NOTTHE CEED 150 FEET IN LENGTH WITHOUT AN INSERT VERTICAL BREAK OF AT LEAST THREE FEET. 80% OF THE RESIDENTIAL UNITS MAY HAVE A TRUE BALCONY OR PATIO AND PRIVATE OPEN SPACE IS REQUIRED AT A RATE OF 50 SQUARE FEET PER UNIT AND WILL BE PROVIDED IN THE INTERIOR COURTYARDS. THE APPLICANT IS PROPOSING TO ADD PICKLEBALL COURTS TO THE EXISTING WAREHOUSE BUILDING NOTING THE OPERATIONAL AND LOCATION RESTRICTIONS WITHIN THE PD PROVIDES CLARITY ON WHAT TYPES OF OUTDOOR COMMERCIAL AMUSEMENT USES WILL BE ALLOWED. AS THERE ARE SINGLE-FAMILY RESIDENCES ACROSS 13th STREET. HOWEVER, STAFF IS CONCERNED THAT THIS REQUEST IS NOT FOLLOWING THE PURPOSE OF A PLANNED DEVELOPMENT AS NOTED IN ARTICLE 12 OF THE ZONING ORDINANCE. AS PREVIOUSLY MENTIONED, THE APPLICANT IS PROPOSING THAT VERTICAL RESIDENTIAL CONSTRUCTION MAY NOT OCCUR UNTIL THE EARLIER OF JANUARY 1, 2025 OR AFTER THE ISSUANCE OF A BUILDING PERMIT FOR THE CONSTRUCTION OF 5,000 SQUARE FEET OF NON-RESIDENTIAL SPACE. TO MT T PURPOSE OF A PLANNED DEVELOPMENT, COMMITMENTS OR RESTRICTIONS ARE NECESSARY TO COMMIT TO FULFILLING OF A BALANCED MIX OF USES. A MIX OF USES IS IMPORTANT TO THE COMPREHENSIVE PLAN. STAFF DOES NOT SUPPORT THE PROPOSED TIMING OF CONSTRUCTION STANDARD. THE COMMITMENT TO NON-RESIDENTIAL USES IS ABSENT WITH JUST 5,000 SQUARE FEET OF NON-RESIDENTIAL SPACE OUT OF THE TOTAL SQUARE FOOTAGE EXCEEDING 28,000. THE PROPOSED MULTIFAMILY USE COULD BE ACCOMMODATED WITH SOME SITE MODIFICATIONS WITH STRAIGHT BG ZONING INSAD OF A PLANNED DEVELOPMENT. SHOWN ON THE SCREEN IS THE PURPOSE OF A PLANNED DEVELOPMENT, WHICH IS LOCATED IN ARTICLE 12 OF THE ZONING ORDINANCE. ON THIS SLIDE AND THE NEXT TWO SLIDES ARE THE PLANNED DEVELOPMENT STIPULATIONS PROVIDED BY THE APPLICANT. WE RECEIVED EIGHT UNIQUE IN FAVOR RESPONSES WITHIN THE 200-FOOT BUFFER. AND WE RECEIVED 47 UNIQUE RESPONSES, 43 IN SUPPORT AND FOUR IN OPPOSITION. WE RECEIVED TWO DUPLICATES AND TWO RESPONSES OUTSIDE OF THE CITY OF PLANO. AFTER THE CUTOFF TIME WE DID RECEIVE ONE ADDITIONAL ONLINE RESPONSE THAT WAS IN FAVOR. TO SUMMARIZE, THE APPLICANT IS REQUESTING TO REZONE THE SUBJECT PROPERTY FROM LIGHT INDUSTRIAL 1 TO PLANNED DEVELOPMENT DOWNTOWN BUSINESS GOVERNMENT. TOLLOW FOR OUTDOOR COMMERCIAL AMUSEMENT WITH MULTIFAMILY RESIDENTS. THIS PROPERTY IS RIPE FOR REDEVELOPMENT, HOWEVER THE REQUEST IS DISFAVORED BECAUSE THE PROPOSAL LACKS CONFORMITY WITH KEY COMPREHENSIVE PLAN POLICIES. THERE ARE OPPORTUNITIES TO REDUCE AND ADJUST THE MULTIFAMILY DEVELOPMENT AND PROPOSE MORE COMMITMENTS TO COMMERCIAL USES WHICH WOULD BETTER SUPPORT THE GOALS OF THE COMPREHENSIVE PLAN AND ALIGN WITH OTHER DEVELOPMENTS IN DOWNTOWN PLANO. STAFF DOES NOT SEE A VIABLE NEEDD DEVELOPMENT FOR THE SUBJECT PROPERTY WHERE TYPICAL BG ZONING COULD BE ACCOMMODATED. FOR THESE REASONS AND WITHOUT NECESSARY CHANGES, THIS REQUEST, STAFF RECOMMENDS DENIAL. THAT CONCLUDES MY PRESENTATION. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS. >> Chair Downs: THANK YOU. DO I SEE SEVERAL THINGS POPPING UP HERE? I HAVE ONE BUT MY GUESS IS ONE OF THEM IS GOING TO ASK THE SAME QUESTION ANYWAY. WE'LL GO FIRST WITH MR. BROUNOFF. GO AHEAD. LET'S KEEP IN MD THESE ARE TECHNICAL QUESTIONS FOR STAFF. WE'RE NOT ASKING FOR THEIR OPINION. WE'LL WAIT UNTIL THE DEVELOPER SPEAKS. LET'S STAY FOCUSED. GO AHEAD. >> Brounoff: YOU SAID THAT SOME ADJUSTMENTS COULD BE MADE WITH A STRAIGHT BG ZONING. SPECIFICALLY WHAT ADJUSTMENTS WOULD A STRAIGHT BG ZONING SUPPORT? >> THE APPLICANT IS PROPOSING 390 UNITS AND THE BG LIMITS IT TO 300. THAT WOULD BE ONE SLIGHT MODIFICATION. >> Brounoff: ANY OTHERS? MR. HILL, CAN YOUELP? >> YEAH, THE OTHER ISSUE IS THE CONSTRUCTION OF THE BUILDING. THERE'S REQUIRED PODIUM CONSTRUCTION FOR FIVE-STORY BUILDINGS IN THE BG DISTRICT AND THE APPLICANT IS REQUESTING TO NOT PROVIDE THAT TYPE OF CONSTRCTION. >> Brounoff: WOULD THE BG DISTRICT SUPPORT THE OUTDOOR AMUSEMENT? >> THEY DO NEED ZONING FOR THE OUTDOOR COMMERCIAL AMUSEMENT USE AS WELL. >> Brounoff: I'M SORRY? >> NO. THEY DO NEED ZONING FOR THE OUTDOOR COMMERCIAL AMUSEMENT AS WELL. >> Brounoff: OKAY. SO THE STAFF'S MAJOR ISSUES WOULD BE THE NUMBER OF UNITS, THE COMMITMENT TO BUILD A NON-RESIDENTIAL, AND THE HORIZONTAL PODIUM. >> THERE'S A FOURTH ISSUE WITH THE LAYOUT OF THE STREET. THE LAYOUT THAT'S PROPOSED BY THE APPLICANT IS NOT WHAT WAS RECOMMENDED BY THE CITY. >> Brounoff: THE STAFF IS RECOMMENDING THE STREET BE OPPOSITE THE STREET AS IT CONTINUES ACROSS 13th STREET? >> THAT'S CORRECT. TO CONNECT WITH M AVENUE. THAT'S CORRECT. >> Brounoff: THANK YOU. >> Chair Downs: MR. BRONSKY. >> Bronsky: ONE QUESTION. ON PAGE 9 OF YOUR REPORT WHERE IT TALKS ABOUT BLOCK PATTERN AND STREETSCAPE, YOU MENTION THAT IT MEETS. BUT THEN ON PAGE 16 YOU GO INTO DETAIL TALKING ABOUT THAT THE RECOMMENDATION FROM THE CITY, ALTHOUGH THE CURRENT DESIGN IS FUNCTIONAL, IT'S NOT IN ALIGNMENT WITH THE CITY'S RECOMMENDATION. SHOULD THAT HAVE BEEN -- IS THAT STILL MEETS FOR THE BLOCK PATTERN? >> IT DOES NOT MEET. CORRECT ME IF I'M WRONG, MR. HILL. >> YEAH, I'M TRYING TO FIND THE SPECIFIC PAGE REFERENCES. PAGE 9 UNDER WHICH HEADING? > >> Bronsky: FUTURE LAND USE DESIRABLE CHARACTER DEFINING ELEMENTS, BLOCK PATTERN AND STREETSCAPE MEETS. >> YES. SO THERE'S -- I THINK THERE'S A POLICY RECOMMENDATION IN THE COMPREHENSIVE PLAN AUT THE GENERAL LAYOUT OF BLOCKS AND STREET PATTERN IN THE DOWNTOWN DISTRICT AND IT MEETS THAT RECOMMENDATION OF A POLICY. THEN LET ME LOOK AT THE OTHER REFERENCE THAT YOU'RE DISCUSSING, WHICH IS ON PAGE 16, I BELIEVE YOU SAID? >> Bronsky: YES. >> UNDER THE -- >> Bronsky: INTERNAL STREET. THE INTERNAL STREET ALIGNMENT SHIFTED EAST. INITIALLY THE STREET WAS ALIGNED. THAT'S WHY I WAS CURIOUS -- [MULTIPLE VOICES] >> THERE'S A POLICY RECOMMENDATION IN THE COMPREHENSIVE PLAN BUT THEN THERE'S ALSO A RECOMMENDED LAYOUT FOR THE DESIGN OF THE STREET. THOSE ARE TWO DIFFERENT ANALYSES. THEY DID MEET THE COMPREHENSIVE PLAN RECOMMENDATION BUT THE TRANSPORTATION RECOMMENDATION WAS NOT SUPPORTED BY STAFF. >> Bronsky: I JUST NEEDED SOME CLARITY ON THAT. THANK YOU. >> Chair Downs: GOOD QUESTIONS SO FAR. ALREADY TOOK CARE OF ONE OF MINE. COMMISSIONER TONG. >> Tong: THANK YOU. I HAVE ONE QUICK QUESTION REGARDING TIMING. THERE'S A DESCRIPTION SAYING THIS PROPERTY IS RIPE FOR REDEVELOPMENT UNIQUELY SITUATED BETWEEN STREETS ADJACENT TO THE DART STATION. WHAT'S THE TIMING ON THE DART SILVER LINE STATION AND THE SILVER LINE OPERATION? DO YOU HAVE AN ESTIMATE ON THOSE PROJECTS TO BE DONE? >> SURE. I'M GOING TO ASK MS. POULADI LINE MAY BE OPEN. >> CURRENTLY TWO OF THE STATIONS ARE -- THE PLANS ARE APPROVED AND THE CONSTRUCTION PERMITS WILL BE RELEASED. AND THEN THERE IS ANOTHER STATION THAT STAFF IS WORKING WITH THE APPLICANT. THE PLAN IS TO HAVE THAT LINE OPERATIONAL BY THE END OF 2025. >> Tong: OPERATIONAL BY THE END OF 2025? >> 2025. >> Tong: THANK YOU. >> Chair Downs: MR. RATLIFF. >> Ratliff: JUST ONE QUESTION. IF WE DID BG STIGHT ZONING, ONE OF THE QUESTIONS, THE GAME LAWN, WOULDN'T BE ALLOWED USE. BUT WOULD THAT ALSO OPEN UP LOT 2 TO OTHER USES THAT ARE OF USE BY RIGHT IN BG? >> ABSOLUTELY. SIMILAR LAND USES COULD BE HEALTH AND FITNESS CENTER, TENNIS RACKETBALL HANDBALL. INDOOR COMMERCIAL AMUSEMENT ALLOWS FOR BINGO, BOWLING, AND A SKATING RINK. NOT TOTALLY PICKLEBALL BUT AT LEAST SOME SORT OF ENTERTAINMENT ACTIVITY WHERE THERE COULD BE A FEE FOR FOOD AND BEVERAGE AND A SPORTING ACTIVITY. >> Ratliff: MY QUESTION IS WITHOUT THE PD, IF IT WENT STRAIGHT ZONING, THEY COULD COME BACK AND BUILD MORE APARTMENTS THERE, COULDN'T THEY? >> THEY COULD BUT AS MR. HILL NOTED, THERE ARE LIMITATIONS AS FAR AS UNITS, BLOCK LENGTH, PODIUM PARKING. SO THEY WOULD BE MAXED OUT AT THIS PROPERTY AT 300 UNITS. >> Ratliff: EVEN IF IT'S TWO SEPARATE LOTS? >> IT'S TWO SEPARATE LOTS, I THINK THEY COULD BUILD MORE. >> IF IT'S SUBDIVIDED BY A STREET THEY COULD HAVE -- WELL, DEVELOPMENTS ON EACH BLOCK, THAT'S CORRECT. STAFF IS SUPPORTIVE OF THE OUTDOOR COMMERCIAL AMUSEMENT PROPOSAL. HOWEVER, THERE'S NO FIRM COMMITMENT TO THAT IN THEIR STANDARDS. THEY WOULD NEED A PD OR SUP TO ACCOMPLISH THAT SO IF A COMMITMENT WAS OFFERED AND ASSOCIATED WITH THIS REQUEST, WE WOULD BE SUPPORTIVE OF IT. AS WE SEE IT, THE ASK IS REALLY FOR A LARGE MULTIFAMILY BUILDING AND THE OPPORTUNITY TO DO OUTDOOR COMMERCIAL AMUSEMT B NOT THE COMMITMENT TO DO IT. >> Ratliff: I WAS JUST TRYING TO EVALUATE THE PROS AND CONS OF STRAIGHT ZONING VERSUS PD IS WHAT I WAS TRYING TO FIGURE OUT. THANK YOU. >> Chair Downs: ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT. THANK YOU VERY MUCH. WE WILL OPEN THE PUBLIC HEARING AND I'M ASSUMING THE APPLICANT HAS A PRESENTATION FOR US. >> WE DO. FIRST WE HAVE PIERCE CRAVENS AND THEN IF I CAN HAVE MATT CARTER, SEAN LUTHER, AND WILLIAM CRAVENS TAKE A SEAT BEHIND THE PODIUM. THANK YOU. >> MY NAME IS PIERCE CRAVENS AND MY WIFE AND I RESIDE AT 1028 17th STREET IN DOWNTOWN PLANO. I'M THE GENERAL PARTNER OF 2022 PLANO LUNA THE APPLICANT AND PROPERTY OWNER. WE SUPPORT AND SEEK TO LEVERAGE THE CITY'S GOALS TO PROMOTE WALKABLE DEVELOPMENTS THAT ARE TRANSIT-ORIENTED IN NATURE GIVEN THE CITY'S INVESTITURE IN THE SILVER LINE STATION ON 12th STREET, WHICH IS CURRENTLY UNDER CONSTRUCTION. LET'S TALK ABOUT THE TEAM A LITTLE BIT. METROPOLITAN INTEREST CORPORATION IS OUR FAMILY'S REAL ESTATE COMPANY THAT HAS BEEN DEVELOPING AND INVESTING IN PLANO FOR MORE THAN 50 YEARS. WE'VE DEVELOPED OVER 3,000 SINGLE-FAMILY SUBDIVISION LOTS, LARGE-SCALE OFFICE PROJECTS AND SEVERAL INDUSTRIAL PARKS AND APARTMENT COMPLEXES IN PLANO. 20 YEARS AGO WE BECAME INTERESTED IN INVESTING AND DEVELOPING IN DOWNTOWN. WE CONTINUED TO ACQUIRE BUILDINGSND PPERTIES IN DOWNTOWN THROUGHOUT THE YEARS AND THE DEVELOPMENT OF THE SILVER LINE HAS FURTHER ENCOURAGED OUR INVESTMENT APPETITE. WE RECENTLY COMPLETED AT 15th STREET, WHICH IS A 52-UNIT APARTMENT COMPLEX ON 15th AND MUNICIPAL. AND A BOUTIQUE TOWNHOME COMMUNITY ON 17th BETWEEN J AND K AVENUE. WE'RE CURRENTLY CONSTRUCTING ANOTHER PROJECT ON 10th STREET AS WELL. SUFFICE TO SAY WE HAVE BEEN LONG-TERM LOCAL OWNERS IN DOWNTOWN PLANO AND WE HAVE NO INTEREST IN HAVING IT ANY OTHER WAY. WE PURCHASED THE SUBJECT SITE LAST AUGUST AND AFT A LONG VETTIN PROSS, WE WERE FORTUNATE ENOUGH TO BRING THESE TWO PARTNERS THAT ARE WITH US THIS EVENING TO THE TABLE, WHO ARE READY TO GO. WITH US THIS EVENING IS SEAN LUTHER, WHO WILL DESCRIBE A LITTLE BIT ABOUT HINES CORPORATION. SEAN. >> GOOD EVENING, EVERYONE. MY NAME IS SEAN LUTHER AND I'M HERE TODAY REPRESENTING HINES, THE DEVELOPER FOR THE PROJECT. SOME QUICK BACKGROUND ON WHO WE ARE. HINES IS FOUNDED IN 1957 AND IS ONE OF THE LARGEST PRIVATELY-OWNED REAL ESTATE FIRMS IN THE WLD. WE WERE FOUNDEY THE LATE GERALD HINES WHO STARTED DEVELOPING INDUSTRIAL AND OFFICE EXCLUSIVELY IN HOUSTON. AND SINCE THEN WE HAVE GROWN TO BE IN 32 COUNTRIES AROUND THE WORLD, TOUCHING ALL PRODUCT TYPES. SO HERE IN THE METROPLEX, WE ARE INVOLVED IN OVER 20 ACTIVE PROJECTS RANGING IN ALL PRODUCT TYPES FROM INDUSTRIAL, SELF-STORAGE, MASTER PLANNED COMMUNITIES OFFICE MULTIFAMILY, AND MIXED-USE. WE'RE EXCITED TO BE HERE PRESENTING ON THIS PROJECT AND TO BE PARTNERING WITH THESE LKS. WHAT REALLY GOT US EXCITED ABOUT THIS SITE WERE TWO THINGS. THE FACT THAT IT'S LOCATED IN DOWNTOWN PLANO AND THE WALKABLE VIBRANT ENVIRONMENT THAT IS. WE ALWAYS LOOK FOR OPPORTUNITIES TO DEVELOP IN PLACES THAT HAVE AN ELEMENT OF HISTORY AND A TRUE COOL FACTOR, WHICH WE THINK DOWNTOWN DOES. AND SECONDLY, WE ARE VERY EXCITED ABOUT THE INVOLVEMENT OF BOULDIN ACRES FOLKS AND THE FACT THAT THEY ARE HERE AS AN OWNER LOOKING TO BE A LONG-TERM OWNER, NOT JUST A TENANT. I'LL TURN IT OVER TO MATTITH BOULDIN ACRES, WHO WILL INTRODUCE HIMSELF. THANK YOU. >> HEY, Y'ALL. WE'RE VERY EXCITED ABOUT THE OPPORTUNITY TO COME OUT TO PLANO. WE OPENED OUR FIRST BOULDIN ACRES ONE MONTH BEFORE THE PANDEMIC HIT. WE WERE LUCKY ENOUGH TO SURVIVE THAT DOWN TIME AND IT KIND OF MOLDED OUR PROJECTS INTO WHAT IT'S BECOME TODAY. I HAD MY FIRST CHILD RIGHT BEFORE -- OR RIGHT AFTER WE OPENED, RIGHT BEFORE WE SHUT DOWN. AND I KIND OF SAW THIS AS A HUGE OUTDOOR SPACE WHERE WE COULD BRING FAMILIES TOGETHER, YOUNG PROFESSIONALS, PEOPLE THAT WANTED TO WATCH SPORTS AND KIND OF PUT THIS WHOLE THING TOGETHER. AND WE'RE LUCKY THAT IT MORPHED INTO WHAT IT DID. WE CATER TO THE COMMUNITY MORE THAN ANYTHING BECAUSE I LIVE IN THAT COMMUNITY AND THAT'S HOW WE WERE ABLE TO DO SO. WE WORK WITH ALL THE LOCAL SCHOOLS DOING FUNDRAISERS. WE ALSO HOST FUNDRAISERS AS WELL FOR POLITICAL CANDIDATES AND STUFF LIKE THAT. KIND OF ON OUR OWN, NOT SO MUCH SUPPORTING OR NOT. BUT IT'S JUST A BIG PLACE WHERE EVERYONE KIND OF COMES TOGETHER. I CAN'T REALLY DESCRIBE IT OTHER THAN A COMMUNITY. WE INSTILL THAT IN OUR STAFF. QUALITY FOOD, QUALITY BEVERAGE, QUALITY SERVICE ABOVE ALL. AND IN DOING SO WE KIND OF BRING EVERYONE TOGETHER IN DOING SO. WE'RE REALLY EXCITED ABOUT THIS PROJECT, WHICH IS WHY WE'RE LOOKING TO BUY THE PROPERTY. NOT JUST LEASE THE WE DESIGNED THE ORIGINAL ONE BASED ON A HISTORIC NEIGHBORHOOD IN AUSTIN CALLED BOULDIN CREEK, WHICH IS WHERE THE NAME CAME FROM, AND THIS IS THE EXACT MARKET THAT WE'RE LOOKING TO COME INTO. STRONG COMMUNITY VALUES, VERY WALKABLE, BIKE PATH NEARBY. THE MAJORITY OF OUR CLIENTELE WALKS BECAUSE THEY LIKE TO BRING THEIR DOGS OR THEY PUSH A STROLLER WITH THEIR KIDS. BOTH ARE NOT THAT EASY TO DRIVE. A LOT OF PEOPLE BIKE. WE HAVE HUGE BIKE PARKING AREAS. WE'LL BE RIGHT ON THAT NEW HIKE AND BIKE TRAIL. WE LOOK FORWARD TO THE SILVER LINE BEING RIGHT NEARBY. AND SO THAT'S BASICALLY IT. WE'RE PRETTY EXCITED ABOUT IT. I DON'T KNOW WHAT ELSE TO SAY. >> SO OUR VISION IS TO CREATE A SOUTHERN GATEWAY TO DOWNTOWN THROUGH QUALITY DESIGN BASED ON TRANSIT-ORIENTED PRINCIPLES. WE SEEK TO COMBINE A HOUSING AND DESTINATION RESTAURANT AND LEISURE USE, WHICH I AS A DOWNTOWN RESIDENT FEEL IS LACKING. WE'RE TRYING TO FULFILL THE CITY'S VISION TO PROVIDE A DEVELOPMENT THA PROMOTES LKABILITY AND CONNECTS THE REST OF DOWNTOWN WITH THE 12th STREET STATION. WE SEEK TO PARTNER WITH PLANO'S ARTISTS TO PROVIDE MURALS THAT GIVE A NOD TO DOWNTOWN'S HISTORY. NOW THE CITY HAS DONE AN EXCELLENT JOB WITH RESPECT TO CURATING EVENTS AND MAKING DOWNTOWN A DESTINATION. OUTSIDE OF THESE EVENTS THERE ARE FEW ACTIVITIES AND BUSINESSES THAT KEEP PEOPLE HERE FOR LONGER THAN A MEAL OR A QUICK TRIP TO A SHOP. WHEREAS BOULDIN ACRES AND PICKLEBALL HAS A MARKET RADIUS THAT EXTENDS 20 MILES. IT'S FAMILY-FRIENDLY COMMERCIAL USE THAT YOU CAN SPEND THE ENTIRE DAY. A LOT OF BUSINESS OWNERS HERE TELL ME THEY NEED MORE PEOPLE IN DOWNTOWN TO SUPPORT THE BUSINESSES THAT ARE CURRENTLY HERE. I THINK IF THERE'S ANYTHING THAT SUPPORTS THAT FACT IS THE VACANT RETAIL THAT'S ALONG 14th STREET. THIS IS A CATALYST DEVELOPMENT IN OUR OPINION THAT THIS AREA NEEDS TO THRIVE AND SPUR ADDITIONAL INVESTMENT AND PATRONAGE IN ADJACENT PROPERTIES AND BUSINESSES. AS STAFF MENTIONED, OUR SITE IS LOCATED DIRECTLY ACROSS THE SILVER LINE STATION. WE PARALLEL THE DT TRACK TO THE SOUTH, 13th STREET TO THE NORTH, MUNICIPAL AVENUE TO THE WEST, AND N AVENUE TO THE EAST. SORRY. I'M HAVING A LITTLE BIT OF DIFFICULTY GETTING THIS TO ADVANCE. >> PLANO TV, PLEASE ADVANCE THE SLIDE. >> SO THERE'S THE SITE. IF I COULD ASK YOU TO GO TO THE NEXT SLIDE, PLEASE. SO WHY THIS SITE? IN 2 2022 THEY DETAILED PROPERTIES THAT ARE HIGH DEVELOPMENT POTENTIAL AROUND THE 12th STREET AND SHILOH STATIONS. IN THAT STUDY ONLY ONE PROPERTY HAD A GOLD STAR WITH A DESCRIPTOR OF A CATALYST SITE. AS YOU CAN SEE, THIS IS THE LARGEST SITE IN THE AREA. ITS LOCATION IS FANTASTIC IN TERMS OF ITS PROXIMITY AND ACCESSIBILITY. AND LARGE PARCELS ARE VERY DIFFICULT TO AGGREGATE DOWNTOWN. FOR EXAMPLE, THIS ONE TOOK NEARLY THREE YEARS TO PUT TOGETHER. BECAUSE OF THE SIZE AND SIGNIFICANCE OF THIS DEVELOPMENT, WE FEEL IT WILL STIMULATE FURTHER INVESENT D AGGREGATION IN THE PROPERTY. THE CURRENT USE OF THE PROPERTY IS VERY DIFFERENT FOM WHAT WE ENVISIONED. THE CURRENT USE ENCOMPASSES HEAVY COMMERCIAL AND BUILDING MATERIAL STORAGE. WE HAVE A MULTITUDE OF SHORT AND MID-TERM TENANTS AND IT'S PRESENTLY IN A BLIGHTED STATE, AS YOU CAN SEE. DESPITE ITS APPEARANCE, HOWEVER, AND BEING UNDERUTILIZED, IT IS AN ECONOMICALLY-PERFORMING PROPERTY. BUT WE FEEL IT DOES NOTHING TO COMPLEMENT THE DART STATION OR DOWNTOWN. FURTHER, OTHER USES THAT ARE ALLOWABLE BY RIGHT WITH OUR CURRENT ZONING SUCH AS MULTIWAREHOUSE LIKEWISE DO NOTHING TO COMPLEMENT DOWNTOWN. WE FEEL THAT IT'S A USE THAT HAS OUTLIVED ITS LOCATION AND SEAN WILL COME UP, IF WE COULD GO TO THE NEXT SLIDE, TO DESCRIBE OUR SITE PLAN. >> THANKS, PIERCE. THE SITE PLAN IS THOUGHTFULLY DESIGNED TO PROVIDE A DESTINATION RESTAURANT EXPERIENCE FOR PLANO RESIDENTS WHILE CREATING A HIGH-QUALITY HOUSING OPTION TO MEET THE ONGOING DEMANDS OF A GROWING DOWNTOWN. GIVEN OUR PROXIMITY TO THE DART LINE AND THE FUTURE 12th STREET STATION, WE SPENT A LOT OF TIME THINKING ABOUT HOW TO ORIENT THIS SITE IN ORDER TO FULFILL THE CITY'S VISION FOR THIS AS A GATEWAY AND A CATALYST SITE. SO THE EAST PORTION OF THE SITE, IF YOU'RE LOOKING AT THE PLAN, WILL INCLUDE ROUGHLY 2.5 ACRES DEDICATED TO THE NEW PICKLEBALL RESTAURANT CONCEPT THAT YOU HAVE HEARD ABOUT TONIGHT, INCLUDING THE PRESERVATION OF THE EXISTING 22,000 SQUARE FOOT WAREHOUSE, WHICH WAS HISTORICALLY USED AS AN AGRICULTURAL PROCESSING FACILITY. THE OLD WAREHOUSE WILL HSE SIX INDOOR PICKLEBALL COURTS IN ADDITION TO A 6,000 SQUARE FEET RESTAURANT WHERE BOULDIN ACRES WILL SERVE FOOD AND DRINKS. AN OUTDOOR GAME LAWN BETWEEN THE BUILDINGS WILL BE UTILIZED FOR LEISURE, VARIOUS GAMES, AND ACTIVITIES. MOVING TO THE WEST PORTION OF THE SITE, WE DESIGNED A MULTIFAMILY PROJECT WITH AN ADJACENT STRUCTURE PARKING GARAGE AND THERE'S A COUPLE OF KEY ITEMS I WANT TO POINT OUT FOR EVERYONE. NUMBER ONE, THE GARAGE IS ORIENTED PARALLEL TO THE DART TRACK. THIS IS DONE VERY INTENTIONALLY TO MINIMIZE THE EXPOSURE OF THE RAIL LINE AND ENHANCE T EXPERIENCE FOR THE RESIDENTS. THE LEASING OFFICE, THE AMENITIES, AND THE MAIN ENTRANCE TO THE MULTIFAMILY ARE ON THE BOTTOM LEFT OF THAT PLAN IF YOU'RE VIEWING IT. AND THEY'RE ORIENTED SOUTH ON MUNICIPAL, WHICH IS DONE TO MINIMIZE THE NUMBER OF UNITS THAT FACE THE DART TRACK WHILE ALSO PROVIDING THE QUICKEST AND THE MOST CONVENIENT ROUTE FOR DART RIDERS TO GET TO AND FROM THEIR RESIDENCES. THE PROJECT WILL ALSO INCLUDE A WIDE RANGE OF UNIT SIZES FROM APPROXIMATELY 500 SQUARE FEET TO AROUND 1300 SQUARE FEET. THIS IS DONE INTENTIONALLY TO APPEAL TO A WIDER RANGE OF INCOME AND AGE LEVELS. WE ALSO DESIGNED FLEX UNITS AT THE GROUND LEVEL OF ALL PERIMETER-FACING UNITS ON MUNICIPAL AND 13th STREET WHICH ALLOWS FOR AN ACTIVATED STREETSCAPE AND THE POTENTIAL FOR FUTURE COMMERCIAL SPACE AT THE GROUND LEVEL, SHOULD IT BE DEMANDED. FINALLY, WHEN WE TALK ABOUT THE SPACE BETWEEN THE USES, WE WANTED TO DESIGN A VERY PEDESTRIAN-FRIENDLY CURBLESS WALKABLE STREET THAT WOULD PROMOTE PEDESTRIAN USE AND INVITE PEOPLE FROM THE DAR STATION TO MOVE FREELY THROUGH THE SITE. SO WHAT WE'VE DONE IS DESIGNED A CURBLESS STREET, VERY SIMILAR TO WHAT YOU WOULD SEE AT EAST SIDE VILLAGE ONE OR TWO. WE THINK THIS CREATES A NICE ENVIRONMENT THAT IS POROUS AND INVITES PEOPLE TO MOVE THROUGH THE SITE AND IS VERY PEDESTRIAN FRIENDLY. SO ALL THESE THINGS WERE DONE TO CREATE A SITE THAT WE THINK WILL BE VERY ATTRACTIVE FOR THE RESIDENTS OF PLANO AND FROM ABROAD. SO ON THIS SLIDE HERE WE'VE GOT SOME IMAGERY FROM EXISTING LOCATIONS OF BOULDIN ACRES. AS YOU CAN S, YOU KNOW, PUBLIC-FACING ART IS VERY IMPORTANT TO THEIR CONCEPT. WE BELIEVE THAT'S IMPORTANT TO THE CITY OF PLANO AND DOWNTOWN SPECIFICALLY. OUR GOAL IS TO HAVE THIS SITE SEAMLESSLY BLEND IN WITH DOWNTOWN. WE ARE INTENDING TO PUT A PRODUCT ON THE GROUND THAT BLENDS WITH THE DOWNTOWN CHARACTER THAT HAS NOTICE TO HISTORY, THAT'S HEAVILY INCORPORATED WITH BRICK AND REALLY FITS WITHIN THE CONTEXT AND THE CHARACTER OF DOWNTOWN. >> SIR, YOU HAVE TWO AND A HALF MINUTES LEFT OF PRESENTATION TIME. >> PERFECT. THANK YOU. MOVING ON HERE, WE PRODUCED TWO RENDERINGS WITH THE ARCHITECT TEAM THAT WE HAVE ON BOARD. SO REALLY QUICKLY I'LL TOUCH ON THESE. THE FIRST RENDERING IS AN IMAGE AT DUSK. THIS IS FROM THE PEDESTRIAN SCALE. VIEWER IS LOOKING SOUTH ON 13th INTO BOULDIN ACRES. THE NEW RESTAURANT RIGHT IN THE FRONT AND THE MULTIFAMILY BUILDING JUST BEHIND IT ON THE TOP RIGHT. AS YOU CAN SEE, WE FOCUSED ON DEVELOPING A VERY PEOPLE-FOCUSED PROJECT AND THAT ALL STARTS AT THE GROUND PLANE AND HOW WE THOUGHT ABOUT THE GUND PLANE. WE WANT IT TO BE FAMILY FRIENDLY, PET FRIENDLY, BE A PLACE WHERE RESIDENTS OF PLANO CAN SPEND MULTIPLE HOURS AND LINGER. THE SECOND RENDERING HERE IS A DAYTIME SHOT. NOW YOU'RE LOOKING NORTH ON MUNICIPAL. AS YOU CAN SEE, THIS REALLY FOCUSES ON THIS PROJECT BEING TRANSIT ORIENTED. YOU HAVE THE DART LINE ON THE RIGHT SIDE, THE HIKE AND BIKE TRAILS WHICH WILL GO SOUTH ACROSS THE DART LINE AND THEN CUT UP THROUGH MUNICIPAL. WE WANT TO BE INTEGRATED WITH THAT. YOU ALSO HAVE AOG PARK WHICH IS ON THE BOTTOM LEFT OF THE SITE PLAN. AS YOU CAN SEE, WE'RE REALLY TRYING TO THINK ABOUT HOW TO INTEGRATE WITH THE HIKE AND BIKE TRAILS, HOW TO MAKE THIS A TRANSIT-ORIENTED DEVELOPMENT THAT CAN ACT AS A CATALYST FOR THE CITY OF PLANO AND FOR DOWNTOWN SPECIFICALLY. REALLY QUICK ON COMMUNITY OUTREACH, PIERCE, DO YOU WANT TO TOUCH ON THAT? >> WE HAVE REACHED OUT TO STAKEHOLDERS BUSINESSES PROPERTY OWNERS, HOAs AND THE SURROUNDING AREA AND HAVE RECEIVED OVERWHELMING SUPPORT. WE HAVE BEEN EAGED WITH THE 12th STREET STATION STUDY, THE SILVER LINE CHARETTE, ATTENDED REGULAR MEETINGS, WHICH HAS GARNERED SIGNIFICANT SUPPORT. úIN SUMMARY, WHAT WE'REG TO ACCOMPLISH IS NOT JUST ANOTHER APARTMENT COMPLEX AND COMMERCIAL USE BUT RATHER A DESTINATION USE TO SERVE AS A CATALYST FOR THE NEIGHBORHOOD TO SPUR GREATER DEVELOPMENT. WE THINK THIS IS A UNIQUE OPPORTUNITY TO ATTRACT PEOPLE FROM A BROADER MARKET RADIUS WHO SUPPORT, NOT CANBALIZE BUSINESSES THAT ARE CURRENTLY OPERATING. IT IS MY HOPE AND BELIEF THAT PEOPLE WHO VISIT BOULDIN ACRES WILL VISIT OTHER BUSINESSES. THANK YOU VERY MUCH FOR YOUR CONSIDERATION. >> Chair Downs: [OFF MIC] RIGHT? >> YES, WE DO. >> Chair Downs: SO WE'RE GOING TO WORK OUR WAY THROUGH BACK TO THE APPLICANT. WE HAVE QUESTIONS. >> IF I CAN HAVE WILLIAM CRAVENS WAS AN APPLICANT BUT IF YOU WOULD LIKE THREE MINUTES TO SPEAK. >> Chair Downs: LET'S SKIP THE APPLICANTS. I THINK IF IT'S ALREADY APPLICANTS, WE'VE KIND OF USED THEIR TIME. SO I WOULD SAY LET'S LOOK FOR PEOPLE WHO WEREN'T APPLICANTS TO SPEAK. >> OKAY. NEXT WILL BE NATHAN TEA. WHILE HE COMES TO THE PODIUM, I NEED DAVID BRYANT, JACKIE HERNA, AND KENNETH HYATT TO SIT BEHIND THE PODIUM. >> I DON'T KNOW HOW WE GOT NATHAN TEA BUT IT'S NATHAN SHEA. THAT'S OKAY. NO PROBLEM. RESIDENCE IS 3106 DUBLI ROAD. MY PLANO BUSINESS IS 1104 14th STREET. I OWN AND OPERATE MULTIPLE BUSINESSES IN DOWNTOWN PLANO. ALL THE URBAN FAMILY CONCEPTS ARE MINE. WE FINALLY MOVED OVER TO 14th STREET ABOUT 12 YEARS AGO AND THEN OPENED UP URBAN SEAFOOD ABOUT A YEAR AND A HALF AGO. OUR GOAL IS TO EXPAND THE DOWNTOWN AREA FROM 15th TO 14th ALL THE WAY TO WHERE THEY'RE PUTTING THEIR DEVELOPMENT. I'VE KNOWN THE CRAVENS FOR, GOSH, SINCE WE OPENED UP URB CRT AND THEY OPENED UP PHILMORE PUB. THEY ARE THE KIND OF BUSINESS PEOPLE WE WANT IN DOWNTOWN. WE NEED THIS DENSITY IN DOWNTOWN. THE ONLY WAY THAT DOWNTOWN IS GOING TO GROW AND PROSPER IS TO BRING MORE PEOPLE TO THE AREA. I KNOW THERE'S A LOT OF TECHNICAL STUFF INVOLVED HERE BUT I WILL SAY THAT DOWNTOWN NEEDS A WALKABLE AREA WHERE PEOPLE CAN COME, THRIVE, BUSINESSES CAN THRIVE, WHETHER IT'S RESTAURANTS, RETAIL, OUTDOOR AREA. THIS THING IS GOING TO START. 12th STREET CAN MOVE ALL THE WAY UP TO 1h STREET AND EXPAND THE ENTIRE DOWNTOWN AREA AND I THINK THAT IS WHAT THE CITY WANTS AND I HOPE YOU GUYS WILL APPROVE THIS FOR THESE GUYS. THEY PUT A LOT OF TIME AND EFFORT INTO MAKING THIS HAPPEN. >> Chair Downs: THANK YOU. >> NEXT IS DAVID BRYANT. >> GOOD EVENING. DAVID BRYANT WITH 1418 COFFEEHOUSE IN DOWNTOWN PLANO. BEEN THERE FOR TEN YEARS AND I COULDN'T BE MORE EXCITED ABOUT TIS PROJECT FOR A VARIETY OF REASONS. THE WORD I HEAR -- WHEN PIERCE CALLED ME WAS, NUMBER ONE, PEOPLE. MORE PEOPLE COMING INTO THE AREA, ALONG WITH THE SILVER LINE HAVING ANOTHER DESTINATION WHERE PEOPLE WILL HAVE REASON TO COME INTO A VERY UNIQUE OPPORTUNITY. AND THEN I HEARD FAMILY. WE DON'T HEAR A LOT OF THAT IN DOWNTOWN PLANO. THIS WILL BE A DIVERSITY INTO OUR COMMUNITY. THAT ONLY HELPS US GROW. AS NATHAN SHARED, AS THE DOWNTOWN AREA BEGINS TO EXPAND, IT'S BEEN A BOOM FOR ALL OF US IN DOWNTOWN. WE HAVE SEEN THE WORK ON 14th STREET THROUGH THE URBAN GROUP. MY BINES HAS GROWN EVERY YEAR SINCE BECAUSE MORE PEOPLE ARE COMING IN. OF COURSE WE HEAR MORE EXPANSION, MORE OF A DISTRICT NOW IN DOWNTOWN THAT GOES EVEN FURTHER. THAT JUST BRINGS US MORE PEOPLE. THERE'S ONLY ONE HISTORIC DOWNTOWN. WE CAN HAVE ALL KINDS OF GREAT DEVELOPMENTS AROUND OUR CITY BUT THERE'S ONLY ONE HISTORIC DOWNTOWN AND WE WANT PEOPLE TO COME THERE. THE SILVER LINE GIVES THAT GREAT OPPORTUNITY. AGAIN, THE CRAVEN FAMILY, THEIR COMMITMENT TO DOWNTOWN IS UNPRECEDENTED THAT THESE GUYS WANT TO BE IN DOWNTOWN. THEY WANT TO SEE IT GROW AND BE A PART OF THAT. OULDN'T BE MORE EXCITED AND WE THANK THESE GUYS FOR BRINGING IT OUR WAY AND WE LOOK FORWARD TO HEARING YOU GUYS APPROVE THIS AND SEEING IT GO FORWARD. THANK YOU. >> Chair Downs: THANK YOU. >> WHILE JACKIE HERNA COMES TO THE PODIUM, I NEED KENNETH HYATT AND CORY TO COME DOWN. >> I AM A NEWER BUSINESS OWNER. I OWN COCOA BEACH. I DO OWN A BUSINESS IN RICHARDSON AND I HAVE WORKED ON CROSS PROMOTING TO BRING PEOPLE DOWNTOWN. THE ONE THING I WILL SAY PEOPLE WILL COME DOWNTOWN AND SAY IT'S A HIDDEN GEM. IT SHOULDN'T BE A HIDDEN GEM. AS WE GROW IT, WE'LL BRING OUR RESTAURANT. WE'LL GROW WITH THE OTHER RESTAURANTS. I HEARD A LOT ABOUT PICKLEBALL. MY GENERATION IS A GENERATION THAT'S GOING TOWARDS PICKLEBALL. THE PEOPLE THAT ARE PLAYING TENNIS AREN'T ANYMORE. I HAVE A 14 TO 9 YEARS OLD AND THAT'S ALL THEY WANT TO PLAY NOW. I THINK AS WE BRING IN NEW FAMILIES DOWNTOWN, THAT'S SOMETHING TO CONSIDER THAT THAT IS A NEW UPCOMING GROWING SPORT. I APPRECIATE THE TIME THAT THEY HAVE GIVEN. THEY ARE COMPLETELY FAMILY-ORIENTED WHERE I THINK THE HISTORIC DOWNTOWN CAN GROW FROM THAT. THANK YOU. >> Chair Downs: THANK YOU. >> NEXT WE HAVE KENNETH HYATT. >> HI. I'M KEN HYATT AND I'VE HAD A SHOP IN DOWNTOWN PLANO FOR A LITTLE OVER 20 YEARS NOW AND I'M ALSO A PLANO RESIDENT. I APPRECIATED THE FACT THAT THE CRAVENS INVITED PEOPLE UP TO LISTEN TO THEIR PLANS. I WAS VERY IMPRESSED WITH THE THOROUGHNESS OF THE PLANS AND IT FEELS LIKE IT IS VERY MUCH IN LINE WITH THE DIRECTION THAT PLANO WANTS TO GO. I UNDERSTAND THAT IN THIS AREA IT'S VERY IMPORTANT TO HAVE WALKABLE TRAFFIC AND THIS SEEMS LIKE THIS IS SOMETHING THAT IS VERY MUCH IN LINE WITH WHAT I'M TOLD THE CITY OF PLANO IS LOOKING FORWARD TO HAVE. I'M VERY MUCH IN FAVOR OF THIS PLAN. THANK YOU. >> Chair Downs: THANK YOU. >> NEXT WE HAVE CORY RENEKER. >> Chair Downs: DO WE HAVE SOMEONE ON ZOOM? >> WE DO. I'LL CALL THEM NEXT. >> HI. I'M A 13-YEAR RESIDENT OF PLANO AND 11-YEAR HOMEOWNER IN DOWNTOWN PLANO. I'M ON THE EXECUTIVE BOARD OF THE OLD TOWN NEIGHBORHOOD ASSOCIATION, ALTHOUGH I SPEAK ON MY OWN BEHALF THIS EVENING. WHEN I SEE THIS PRESENTATION AND WHAT THEY'RE PLANNING TO BRING TO THIS AREA AND THIS SPECIFIC SITE -- I'M ALSO AN ARCHITECT. THIS IS THE SORT OF DENSITY THAT WE NEED TO MAKE THE DOWNTOWN AREA WORK. THIS IS SORT OF ACTIVE USES THAT WE NEED AND IT JUST LOOKS LIKE A VERY HIGH-QUALITY PROJECT A I WLD BE HAPPY TO SEE IT APPROVED. THANK YOU. >> Chair Downs: THANK YOU. >> AND FINALLY ONLINE WE HAVE SUZANNE RICKETS. >> WE NEED YOU TO SHOW YOUR CAMERA. TURN ON YOUR CAMERA, PLEASE. >> CAN YOU HEAR ME? >> Chair Downs:ES, WE CAN. >> THANKS. >> Chair Downs: GOOD EVENING. THANKS FOR JOINING US. >> THANK YOU. HELLO. I'M SUZANNE RICKETS AND I LIVE JUST SOUTH OF THIS PROPOSED DEVELOPMENT. AND I'M REPRESENTING SOME OF THE RESIDENT NEIGHBORS HERE IN THE NEIGHBORHOOD. CURRENTLY WE DISCUSS AMONG OURSELVES AND WE ARE IN A SMALL AREA THAT'S -- IT'S GROWING QUITE A BIT AROUND US. WE'VE GOT TALL WLS TO OUR EAST AND TALL WALLS TO OUR WEST. AND PRETTY SOON WE'LL HAVE MORE ON THE SOUTH AND THEN ON THE NORTH ALONG WITH THE TRACKS OF THE SILVER DART LINE AND THE TRAFFIC AS A RESULT OF THAT. SOME OF THE THINGS THAT WE WONDERED HAVE BEEN CONSIDERED OR EVEN CAN BE CONSIDERED ARE THE INCREASING TRAFFIC IN THIS AREA AND THE NOISE FROM THE DART STATION. IS IT POSSIBLE THAT THE NOISE OF THE TRAIN ITSELF COULD BE REVERBERATING OFF OF THE WALLS OF THE HIGH BUILDING TO THE NORTH AND COMING BACK AT US? I GUESS THOSE WERE PRETTY MUCH OUR CONCERNS. INCREASED NOISE AND TRAFFIC IN THE AREA. >> Chair Downs: OKAY. THANK YOU. >> THANK YOU. >> Chair Downs: IS THAT THE LAST OF OUR SPEAKERS? >> THAT IS THE LAST OF THE SPEAKERS. >> Chair Downs: AT THIS TIME THEN I WOULD ASK THE COMMISSION IF THEY HAVE QUESTIONS FOR THE APPLICANT. WE GOT TWO, THREE OF THEM. SO WE'LL START WITH COMMISSIONER RATLIFF. I THINK IT MIGHT BE WORTH ASKING IF YOUR QUESTION IS FOR THE OWNER OR FOR HINES, THE DEVELOPER, OR FOR THE OUTDOOR AMUSEMENT. SO YOU MIGHT LET THEM KNOW SO >> Ratliff: THANK YOU, CHAIRMAN. YEAH, MY FIRST QUESTION IS FOR SEAN WITH HINES. SEAN RIGHT? >> YES, SIR. >> Ratliff: OKAY. TALK TO ME ABOUT FLEX UNITS. GIVE US YOUR DEFINITION OF FLEX UNITS, WOULD YOU, PLEASE? >> SURE. THE FLEX UNITS WILL BE LOCATED ON THE FIRST FLOOR OF THE EXTERIOR PERIMETER-FACING UNITS. AND ESSENTIALLY WHAT THOSE ARE UNITS THAT ARE DESIGNED TO ACCOMMODATE A POTENTIAL COMMERCIAL USE. THOSE COULD BE UNITS WHERE AN INDIVIDUAL LIVES AND ALSO RUNS A BUSINESS OUT OF. SO YOU MIGHT ENVISION THINGS LIKE AN ART GALLERY OR A PRIVATE OFFICE OR POTENTIAL PROFESSIONAL SERVICES, THINGS LIKE THAT. YOU KNOW, THERE'S NOT REAR LOADING SO IT WOULD BE DIFFICULT TO DO SOMETHING LIKE A RESTAURANT IN ONE OF THOSE UNITS. BUT WHERE WE HAVE SEEN THEM BE SUCCESSFUL ARE SOME OF THOSE KIND OF SERVICE-BASED USES OR GALLERIES, MAKER SPACES. YOU MIGHT FIND SOMEONE THAT RUNS A BUSINESS LIKE THAT THAT'S NOT NECESSARILY NEEDING LIKE HEAVY LOADING AND UNLOADING BUT NEEDS A STOREFRONT AND KIND OF HAVING THAT PRESENCE IS IMPORTANT TO THEM. >> Ratliff: SO EXPLAIN TO ME -- AS YOU START TO BUILD IT OUT, ARE YOU GOING TO MARKET ARE YOU GOING TO MARKET THEM AS OFFICE? IT'S A FLEX SPACE BUT HOW DOES THAT WORK? >> SURE. SO THEY WOULD BE MARKETED AS TYPICAL UNITS BUT THEY WOULD ALSO BE ON TOURS, YOU KNOW, THE INDIVIDUAL WOULD BE INFORMED THAT THEY COULD RUN A BUSINESS OUT OF IT. THEY COULD HAVE POTENTIALLY STOREFRONT SIGNAGE, LIKE ON THE DOORS AND WINDOWS, PONTIAY. SO THE IDEA IS WE WOULD LIKE TO MAKE THAT STREETSCAPE FEEL ACTIVATED SO IT'S NOT JUST A LOCKED DOOR AND A GATE. YOU KNOW, IT HAS A -- POTENTIALLY AN AWNING AND A FEEL OF COMMERCIAL. AND IF THERE'S A DEMAND FOR IT, IT WILL LEASE AS SO. >> Ratliff: SO I DON'T KNOW IF THIS QUESTION IS FOR YOU OR FOR PIERCE. IS THERE A REASON THAT THERE'S NOT SOMETHING IN THE PD ABOUT FLEX SPACE? BECAUSE I DIDN'T SEE ANYTHING IN THE PD LANGUAGE. >> WE ACTUALLY -- WE INITIALLY HAD IT IN THE PD TO BEGIN WITH. AND I BELIEVE THE LAST ITERATION OF SOME RED LINES FROM THE CITY HAD US REMOVE IT. WE'RE HAPPY TO PUT THAT BACK IN, AS IT IS OUR INTENTION. >> Ratliff: OKAY. I'LL GET TO THAT IN A SECOND. SO A QUESTION FOR MATT FROM BOULDIN ACRES -- I'M, SORRY, MATT. I DIDN'T CATCH YOUR LAST NAME. >> CARTER. >> Ratliff: WHAT IS YOUR PLAN TIMING-WISE HOW QUICKLY, HOW SOON ARE YOU COMING TO PLANO, TEXAS? >> AS SOON AS WE NEED TO OR AS S. WE HAVE A NUMBER OF INVESTORS THAT, AS I MENTIONED, DESPITE COVID, GOT THEIR MONEY RETURNED AND ARE EAGER TO INVEST IN MORE. WE ARE READY TO ROLL. IT'S JUST A MATTER OF PLANNING AND APPROVAL. >> Ratliff: ARE YOU COUNTING ON THE APARTMENTS TO BE OPEN TO FEED YOUR BUSINESS OR IS YOURS GOING TO BE A STANDALONE DRAWING FROM THE 20-MILE RADIUS BEFORE THE APARTMENTS ARE OPEN? >> 390 APARTMENTS WOULD SERVE US WHAT WE LIKE TO DO, SO THEY E DEFINITELY PART OF THE BUSINESS PLAN BUT NOT THE BULK OF IT. ULTIMATELY WE WOULD LOVE TO GET OPEN WAY BEFORE THE APARTMENTS, IF POSSIBLE, AND START DRAWING IN THE AREA AND THEN BECOME AN AMENITY FOR THE APARTMENTS. >> Ratliff: OKAY. THANK YOU. A QUESTION FOR STAFF. WAS THERE ANY LANGUAGE ABOUT THE FLEX UNITS? WAS THERE A REASON WHY WE SHOULDN'T HAVE IT IN THE PD? >> IT'S ALREADY ALLOWED IN THE BUILDINGS. IT'S ACTUALLY IN THE BG DISTRICT CURRENTLY. >> Ratliff: IT'S USED IN T BASE ZONING? >> CORRECT. >> IT'S SIMILAR TO THE TYPE OF FLEX SPACE THAT YOU SEE IN EAST SIDE VILLAGE 1 AND 2. ALSO IN THE BEL AIR. AS SEAN INDICATED, AS DEMAND CALLS FOR IT, THEY CN BE ALLOCATED TOWARD A MORE COMMERCIAL USE, AS DEMAND. >> Ratliff: I WANTED TO MAKE SURE IF WE ARE ALLOWING FOR IT. IF IT IS IN THE BASE ZONING ALLOWED BY RIGHT, WE DON'T NEED IT IN THE PD IS THE BOTTOM LINE. >> I GUESS IT'S MORE OF A QUESTION OF INTENTION. >> Ratliff: THOSE ARE ALL MY QUESTIONS FOR RIGHT NOW. >> Chair Downs: COMMISSNER TONG. >> Tong: THANK YOU FOR THE PRESENTATION. I THINK IT'S A GREAT PROJECT OR ADDITION TO THE CITY TO REDEVELOP SOME OF THE UNDERUSED PROPERTIES. MY CONCERN IS ABOUT TIMING AND I THINK THIS PROJECT IS HEAVILY RELYING ON THE DEVELOPMENT AND THE OPERATION TIMING OF THE RAIL AND THE STATION. AND THIS WILL BE PROBABLY THE FIRST BIG DEVELOPMENT AROUND THE AREA OR REDEVELOPMENT AROUND THE RAIL STATION. SO WHAT'S YOUR PLAN IF -- I KNOW YOU'RE PROPOSING TO START CONSTRUCTION EARLY 2025 AND BASED ON OUR STAFF'S REPORT THAT THE STATION PROBABLY WILL BE IN OPERATION IN THE END OF 2025. WHAT IF THE STATION DOES NOT COMPLETE OR DOES NOT OPERATE AND YOUR BUILDING IS READY TO DELIVER? WHERE WILL YOU EXPECT PEOPLE TO COME FM IF THEILVE LINE IS NOT OPERATIONAL? >> I GUESS ONE OF THE THINGS THAT I WOULD SAY TO THAT IS THIS WOULD NOT BE THE FIRST MAJOR PROJECT AROUND THE DART STATION TO BEGIN WITH. THE FIRST WAS THE PHARAOH PROJECT, WHICH WAS 379 UNITS. IT WAS A REDEVELOPMENT OF PLANO MARINE. THAT WAS LOCATED ON THE SOUTHWEST SIDE OF THE TRACK CATTY-CORNER TO OUR SITE. THE DOVETAILING -- SEAN CAN PROBABLY SPEAK TO THIS AS WELL. BUT THE DOVETAILING OF THE DART SCHEDULE IS A NICE TO HAVE, NOT NECESSARILY A NEED TO HAVE TO MAKE THIS PROJECT VIABLE. FURTHER, GIVEN THE MARKET RADIUS THAT MATT SEES WITH HIS BUSINESS, THERE AGAIN IT'S A NICE TO HAVE, NOT A NEED TO HAVE, WITH RESPECT TO SCHEDULING AND THE DART STATION. BUT I THINK WHAT YOU'RE GOING TO SEE AS THATTATI COM ONLINE THAT NOT ONLY WILL PEOPLE TAKE ADVANTAGE OF THE STATION OR RATHER THE SILVER LINE TO TRAVEL FROM PERHAPS UTD TO COME VISIT MATT'S BUSINESS OR RATHER USE IT AS TRANSPORTATION FROM THEIR DWELLING UNIT TO CLASS OR WHAT HAVE YOU. I THINK IT BECOMES ADDITIVE AND NOT A NECESSARY ELEMENT TO THE OVERALL OPERATION AND SUCCESS OF THIS PROJECT, WHICH I THINK IS THEHOLE POINT OF HAVING SOMETHING THAT IS WALKABLE AND COMPLEMENTARY TO DART BUT ALSO TO THE CITY OF DOWNTOWN. >> Tong: I DO HAVE ANOTHER QUESTION REGARDING THE ENVIRONMENT BECAUSE SURROUNDING THIS PROPERTY THERE'S STILL A LOT OF OLDER PROPERTIES AND THEY HAVE NOT BEEN REZONED. AND SOME INDUSTRIAL PROPERTIES, THEY MAY OR MAY NOT BE REDEVELOPED FOR A LONG TIME. OR IT'S JUST UNKNOWN. WHAT WOULD YOU PROPOSE TO YOUR FUTURE TENANTS OR PROSPECTS TO COME TO YOUR SITE WHEN THE SURROUNDING AREAS ARE IN TOTALLY DIFFERENT -- I GUESS VIBE FROM THIS PROPERTY? >> I THINK THIS BRINGS US BACK TO THE NOTION OF A CATALYST SITE THAT WAS DETAILED ON THE AE COM STUDY, WHICH IS WHY THIS SITE HAS THE GOLD STAR. BECAUSE WHAT IT WILL DO IS IT WILL ENCOURAGE AGGREGATION OF SOME OF THE OTHER PROPERTIES ADJACENT TO THIS SITE AND ENCOURAGE REDEVELOPMENT. FOR EXAMPLE, WHEN I BUILT A TOWNHOME PROJECT ON 17th STREET, WHICH I JUST DELIVERED ABOUT THREE MONTHS AGO, IT WAS INTERESTING TO SEE THE NEIGHBORHOOD EFFECTS OF THAT PROJECT AND OF THAT INVESTMENT. ALL OF A SUDDEN PEOPLE WERE OUTSIDE THEIR OWN HOMES REPAINTING THEIR FACADE. AND THIS IS THE SIMILAR TYPE OF CATALYST EFFECT THAT I THINK THAT YOU'RE GOING TO SEE WITH THE SIGNIFICANT INVESTMENT THAT HINES AND BOULDIN ACRES WILL POUR INTO THE CITY OF PLANO. >> Tong: THANK YOU. >> Chair Downs: THANK YOU. I THOUGHT THAT WAS A REASONABLE QUESTION. AS WE'RE THINKING THROUGH OUR QUESTIONS, THOUGH, FOR THE APPLICANT IN PARTICULAR, LET'S MAKE SURE WE'RE FOCUSED LESS ON OPERATIONS AND MORE ON LAND USE AND HOW THE SEQUENCING IS A GOOD EXAMPLE. MR. BROUNOFF. >> Brounoff: THANK YOU, MR. CHAIRMAN. I NEED A LITTLE CLARIFICATION FROM THE STAFF TO HELP ME FOCUS MY QUESTION TO THE APPLICANT. MR. HILL, THE STAFF IS RECOMMENDING IF A PD IS CONSIDERED, YOU ARE ASKING THE APPLICANT TO MAKE A COMMITMENT TO PHASING WITH AT LEAST 22,000 SQUARE FEET OF COMMERCIAL AMUSEMENT IN THE FIRST PHASE. IS THAT RIGHT? >> YES. THAT'S CORRECT. >> Brounoff: OKAY. ALSO I'M NOT IN THE CONSTRUCTION BUSINESS, SO COULD YOU EDUCATE ME IN LAYMAN'S LANGUAGE WHAT IS A HORIZONTAL PODIUM AND WHAT IS ITS PURPOSE? >> T GL FOR THAT REQUIREMENT IN THE DISTRICT WAS TO ENCOURAGE NON-RESIDENTIAL SPACE IN THE FIRST FLOOR, TO CREATE ACTIVITY AT THAT LEVEL. AND SO THE DESIGN REQUIREMENT IN THE DISTRICT ALLOWS FOR FIVE STORIES OF A BUILDING. FOUR STORIES OF MULTIFAMILY WOULD BE OVER A FIRST FLOOR WHICH WOULD BE EITHER PARKING, FLEX SPACE UNITS -- >> Chair Downs: [OFF MIC] >> RIGHT. IT SAYS CONCRETE STRUCTURE BUT REALLY THE GOAL IS THE DESIGN OF THE FIRST FLOOR, THAT IT REALLY ENGAGE THE STREET. IT HAS A MIMUM FLOOR HEIGHT OF NINE FEET. EXTERIOR ENTRANCE REQUIREMENTS. SO IF YOU LOOK IN AREAS THAT REALLY ENGAGE THE STREET FRONTAGE, IT HAS ENTRANCES, LIKE THE APPLICANT WAS REFERRING TO, ACCOMMODATION FOR WHERE YOU CAN EASILY SEE, HEY, THESE COULD BE COMMERCIAL OR RESIDENTIAL SPACES. SOMETHING THAT JUST PROVIDES MORE ACTIVITY AT THE STREET LEVEL RATHER THAN JUST SOLELY RESIDENTIAL USE. >> Brounoff: OKAY. WELL, THEY HAVE ALREADY COMMITTED TO THE FLEX SPACE. WOULD THAT SATISFY THE HORIZONTAL PODIUM REQUIREMENT? >> IT DOES NOT, NO. >> Brounof WHADDITIOL REQUIREMENT WOULD YOU NEED? >> THAT IS A SPECIFIC REQUIREMENT OF A ZONING DISTRICT. >> Brounoff: I THOUGHT IT WAS STRUCTURAL. >> IT'S A STRUCTURAL SITUATION. THE LANGUAGE ACTUALLY SAYS CONCRETE. THAT MATERIAL IS NOW EXEMPTED BY THE STATE REQUIREMENTS. HOWEVER, THE PODIUM IS STILL IN PLACE AND THE DESIGN FEATURES SUCH AS ENTRANCES, MINIMUM HEIGHTS, THINGS LIKE THAT. THOSE ARE THE ELEMENTS THAT WOULD CREATE WHAT WE'RE LOOKING FOR. >> Brounoff: OKAY. THANK YOU. NOW APPLICANT. EITHER MR. HINES OR MR. CRAVENS, WHOEVER CAN BEST ANSWER THE QUESTION WOULD BE FINE. THE THE T STAFF HAS RECOMMENDED THAT BG STRAIGHT ZONING COULD ACCOMMODATE ALMOST EVERYTHING. WHAT'S WRONG WITH GOING FOR STRAIGHT BG ZONING? >> WELL, I THINK ONE OF THE THINGS IS THAT THE OUTDOOR COMMERCIAL USE IS NOT APPLICABLE WITHIN A STRAIGHT BG ZONING, AS I UNDERSTAND IT AND WOULD REQUIRE SOME SORT OF A WAIVER. BUT I BELIEVE FRANK TURNER CAN SPEAK TO MORE AUTHORITYN WHY WE REQUESTED A PD. >> OKAY. >> VERY BRIEFLY, COMMISSIONER, MY NAME IS FRANK TURNER, WORKING WITH THE APPLICANT ON THE PROJECT. THERE'S SEVERAL REASONS FOR THE PLAN DEVELOPMENT DESIGNATION. MANY OF THESE STIPULATIONS ARE SIMPLY ASSURANCES TO THE CITY ON THE DESIGN OF THE PROJECT. THEY'RE NOT ENTITLEMENT PROVISIONS. RATHER, THEY ARE ASSURANCES THAT THE BUILDING WILL BE CONSTRUCTED IN CERTAIN WAYS. HOWEVER, FOR OUTDOOR COMMERCIAL AMUSEMENT, IT DOES NEED TO BE INCLUDED IN A PLAN DEVELOPMENT DISTRICT. IT IS NOT MENTIONED EITHER AS A USE BY RIGHT OR A SPECIFIC USE PERMIT WITHIN THE BG DISTRICT. THAT'S ONE REASON. NUMBER 2, WE ARE ASKING FOR 390 UNITS, 100 OF THE BG DISTRICT, THE CAP IS 300 UNITS PER BLOCK, NOT TOTAL. YOU COULD DIVIDE THIS PROPERTY INTO TWO BLOCKS AND HAVE 600 UNITS OF BG. >> OKAY. >> PRESUMING THAT IT MET ALL OF THE OTHER DEFINITIONS. >> OKAY. >> BUT THOSE ARE AMONG THOSE. >> OKAY. THE STAFF HAS IDENTIFIED FOUR CONCERNS AND I'D LIKE YOU TO SPEECH TO EACH, STARTING WITH 300 UNITS INSTEAD OF 390. WHY NOT 300? >> WELL, AS TO THE ECONOMICS, I'LL LET THE DEVELOPER SPEAK TO THAT. >> OKAY. >> BUT THERE ARE OTHER PROJECTS IN THE DOWNTOWN AREA THAT EXCEED 300. >> OKAY. >> I'LL TOUCH BRIEFLY ON THAT. SO, THE PROJECT, IN ORDER TO BE ECONOMICALLY VIABLE, NEEDS A HIGHER DENSITY THAN 300 UNITS. THAT'S THE MAIN ASPECT. WE WOULD NOT PROPOSE THAT IF WE DIDN'T THINK THE DEMAND WAS THERE. SO THE POPULATION GROWTH IN DOWNTOWN PLANO SPECIFICALLY WITHIN A TWO-MILE RADIUS OF THE SITE HAS BEEN SIGNIFICANT. OVER 20% IN THE LAST TEN YEARS. AND WE SEE THAT THAT TREND IS TREND ISPOISED TO CONTINUE IN TT FIVE YEARS. WE KNOW THE DEMAND IS THERE. IF YOU LOOK AT ALL THE APARTMENTS CURRENTLY IN THE DOWNTOWN PLANO SUBMARKET, THEY'RE ALL OVER 93% OCCUPIED TODAY. THE MOST RECENT ONE THAT DELIVERED WAS THE TOLL BROTHERS DEAL, WHICH LEASED UP IN LESS THAN 18 MONTHS GO, OVER 20 LEASA MONTH. THE DEMAND IS THERE. THE DENSITY IS NEEDED, AS YOU'VE HEARD FROM SOME OF THE SPEAKERS IN SUPPORT. SO WE BELIEVE THAT THE 3 390 UNS ISECESRY IN ORDER TO BE VIABLE AND WE THINK IT IS BACKED BY THE DEMAND THAT WE'RE SEEING. >> AND I WILL SAY THAT THERE IS PRECEDENCE IN THAT RECENT PROJECTS THAT HAVE BEEN APPROVED EXCEED 300, AS FRANK WAS DETAILING. SOME WERE IN THE NATURE OF 370 TO 390 UNITS. >> OKAY. ARE YOU WILLING TO COMMIT TO A HORIZONTAL PODIUM CONSTRUCTION? >> I'M SORRY? >> ON THE APARTMENT BUILDING? >> WELL, I'LLEAVE THATO HINES, BUT ONE THING THAT I, LIKE YOU, MR. BROUNOFF IS CONFUSED ABOUT, IS WHAT IS THE DIFFERENCE IF WE ARE COMMITTING TO FLEX UNITS AND A PODIUM ENCOURAGES FLEX UNITS. I DON'T QUITE UNDERSTAND THE PURPOSE OF A PODIUM. IT'S PROHIBITIVELY EXPENSIVE. AND AT TIMES CAN CREATE EVEN MORE HEIGHT THAN WE'RE LOOKING FOR OR PROPOSING, BUT I'LL LET SEAN DISCUSS KIND OF THE SEMANTIC THERE. >> I TNK T INTENTION OF THE LANGUAGE ABOUT THE FIRST FLOOR PODIUM IS ABOUT TRYING TO ACTIVATE THE STREETSCAPE. THE PLAN WE PROPOSED ACCOMPLISHES THAT GOAL. WE HAVE DESIGNED IT WITH THE FLEX UNIT SPECIFIC ON THE EXTERIOR WHICH ACCOMPLISHES THAT GOAL. IT BECOMES EXPENSIVE TO DO THE CONCRETE LEVEL ON THE ENTIRE FIRST FLOOR AND IT'S NOT SOMETHING THAT'S BEEN DONE IN THE DOWNTOWN PLANO AREA OR IN MANY AREAS, FRANKLY. SO WE BELIEVE THAT WE ARE ACCOMPLISHG TH GOAL OF THAT ASK, BUT DOING IT IN A WAY THAT'S ACTUALLY ECONOMICALLY VIABLE. >> ALSO, IN TERMS OF I GUESS THE STRUCTURAL RESILIENCE, IT USED TO BE A REQUIREMENT TO HAVE ENOUGH STRUCTURE TO SUPPORT FOUR STORIES T THEREAFTER. HOWEVER, WITH ENGINEERING ANALYSIS OVER THE COURSE OF YEARS, THAT IS NO LONGER NEEDED TO SUPPORT THE STRUCTURE. SO STICKS CAN SUPPORT FIVE STORIES WHOUT A PODIUM. BECAUSE OF ENGINEERING OF BUILDING MATERIALS THAT ARE WOOD-BASED. >> IT'S NO LONGER REQUIRED BY THE BUILDING CODE FOR IT TO BE A PODIUM SEPARATION. IT WAS AT THE TIME THAT BG WAS WRITTEN. ONE OTHER COMMENT. WHILE IT IS A USE BY RIGHT TO HAVE FLEX SPACE IN BG, WE ARE WILLING TO ADD A STIPULATION THAT ALL EXTERIOR GROUND-FLOOR UNITS BE FLEX-BASED DESIGNED. >> TIT SEEMS TO ME IF YOU'RE BUILDING 3960 RESIDENTIAL UNITS, YOU ARE CREATING A BUILT-IN CLIENTELE FOR THE PROPOSED RESTAURANT AND THE INDOOR AND OUTDOOR AMUSEMENT AREAS. SO WHY NOT JUST GO AHEAD AND COMMIT TO BUILDING A NONRESIDENTIAL USE? YOU'VE GOT YOUR CLIENTELE RIGHT THERE. IT'S A CAPTIVE CLIENTELE. >> UNDERSTAND THE QUESTION. >> CAN YOU -- >> THE STAFF IS ASKING FOR A COMMITMENT TO CONSTRUCT 22,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT IN PHASE ONE, WHICH WOULD ENCOMPASS THE RESTAURANT AND THE AMUSEMENT AREAS. SO SINCE YOU'VE GOT A CAPTIVE CLIENTELE RIGHT THERE, WHY NOT JUST GO AHEAD AND COMMIT TO IT? >> I THINK THE REASON THAT GETS DIFFICULT IS BECAUSE THOSE WILL BE OWNED BY TWO SEPARATE PARTIES. THE ACRES FOLKS WILLURCHE THE LAND FOR THE RESTAURANT AND THE PICKLEBALL. OBVIOUSLY YOU'VE SEEN MATT SPEAK TONIGHT. HE'S HERE. THEY'RE READY TO GO. THEY ARE COMMITTED TO DOING THIS. BUT IN ORDER FOR THOSE PROJECTS TO BE SEPARATE, THEY'RE CAPITALIZED DIFFERENTLY. THERE'S DIFFERENT OWNERS. CROSSING THE TWO I GUESS INHERENTLY BECOMES DIFFICULT FOR THE INVESTORS ON BOTH SIDES. SO WE BELIEVE THOSE USES ARE EXTREMELY COMPLEMENTARY AND WE BE DELIVERED.FOR BOTH OF THEM TO >> ONE THING THAT I WOULD SAY, TOO, IS MANY ZONING CASES COME AS A SPECULATIVE VENTURE. AND WE ARE NOT THAT. WE HAVE OUR PARTNERS HERE IN THE FLESH TODAY. AND WE'RE READY TO GO. AND A LOT OF THE CONSTRUCTION ELEMENTS CAN BE COMPLEMENTARY WHERE WE MAY BE ABLE TO TAKE ADVANTAGE OF SOME ECONOMIES OF SCALE WHEREBY SOME OF THE APARTMENT DEVELOPMENT CAN OCCUR NCURRENTLY WITH THE COMMERCIAL TO SAVE ON COST. >> IT'S A SINGLE COMBINED APPLICATION, SO I'M JUST SAYING I WOULD FEEL MORE POSITIVELY ABOUT IT IF THERE WAS A COMMITMENT ON THE NONRESIDENTIAL. SO I'M JUST GIVING -- >> I GUESS ONE OF THE THINGS WITHIN OUR PD IS THAT WE ARE WILLING TO IN TERMS OF PHASING -- YOU KNOW THE LANGUAGE BEBETTER THAN I DO. >> IT'S IMPORTANT TO UNDERSTAND THAT THE INFRASTRUCTURE FOR THE SITE WILL BE DONE IN ITS ENTIRETY. SO WE'RE TALKING ABOUT THE VERTICAL ASPECT OF PHASING. STREET IMPROVEMENTS, WATER LINE, SEWER, CLEARANCE OF THE SITE. ALL OF THOSE TYPES OF THINGS ARE DONE IN A SINGLE ACTION. THEN THE VERTICAL IMPROVEMENTS ARE CONDUCTED FOLLOWING THAT, FIRE LANES AND OTHER THINGS HAVE TO BE IN PLACE BEFORE YOU CAN DO THE VERTICAL. NOW, AS TO THE NUMBER, 5,000 IS A SOMEWHAT ARBITRARY NUMBER. IT COULD BE A DIFFERENT NUMBER. SO WE'RE TALKING IN ITS ENTIRETY IN BETWEEN THE WAREHOUSE BUILDING BEING REPURPOSED AND THE NEW RESTAURANT BUILDING WE'RE SOMEWHERE IN THE ORDER OF 22, 25,000 SQUARE FEET AND BOTH WILL BE DONE. HOWEVER, THEY MAY BE SEPARATE PERMITS. THEY MAY BE A BUILDING PERMIT FOR THE RESTAURANT AND A BUILDING PERMIT FOR REPURPOSING THE SHED. IF YOU WISH A DIFFERENT NUMBER IN THERE, A DIFFERENT NUMBER COULD BE APPLIED. I THINK THERE WAS ANOTHER QUESTION ABOUT PHASING, PERHAPS. >> LET'S DO THIS. THANK YOU. I THINK MAYBE TO HELP UNDERSTAND. SO WE HAVE ONE PERSON THAT'S APPLYI FOR THE ZONING. IT'S NOT THE PEOPLE THAT ARE GOING TO BUILD THE PICKLE BALL COURTS. BUT THEY CAN'T SPEAK AND GUARANTEE THAT THE INVESTMENT ON THAT PIECE OF PROPERTY'S GOING TO HAPPEN. ALL THEY CAN SAY IS WE BUILT A PARTNERSHIP AND WE HOPE, RIGHT. BUT THEY CAN'T GUARANTEE IN THEIR PD THAT IT WILL BE DONE BECAUSE THEY DON'T CONTROL THAT. THERE'S A PLAN FOR THAT DEVELOPMENT, BUT IT ISN'T SOMETHING THAT CAN BE LEGALLY ENFORCED. >> LET ME CLARIFY THAT WE COULD ENTERTAIN ANOTHER PD PROVISION THAT SAYS THAT BECAUSE OF CONCERN THAT THERE MIGHT BE A SUBSEQUENT PHASE OF MULTIFAMILY, HINES, THEIR INTENTION IS TO BUILD 390 UNITS, WHICH USES THE ENTIRE ENTITLEMENT. THERE'S NO ADDITIONAL UNITS AVAILABLE FOR A SECOND PHASE. BUT IF YOU WOULD LIKE BUILT-IN SUSPENDERS, WE COULD SAY THAT ONLY MULTIFAMILY IS PERMITTED ON LOT ONE, OR A CERTAIN DISTANCE FROM MUNICIPAL. >> Chair Downs: WE'RE WILLING TO STIPULATE TO 5,000 SQUARE FEET WHAT WAS THAT 5,000 SQUARE FEET GOING TO BE. >> THAT WOULD PROBABLY BE THE RESTAURANT PHASE. >> Chair Downs: SO YOU'RE WILLINE RESTAURANT, JUST NOT MORE. >> WE CAN GO WITH A LARGER NUMBER. >> Chair Downs: OKAY. >> 6,000 IS THE PROBABLE SIZE OF THE RESTAURANT. THE INDUSTRIAL BUILDING IS IN EXCESS OF 20,000 FEET, BUT THEY WILL PROBABLY BE TWO SEPARATE PERMITS. >> Chair Downs: STAFF'S RECOMMENDATION FOR 22,000 COVERS MORE THAN THAT, THE RESTAURANT AND THE BUILDING. >> CORRECT. >> Chair Downs: THANK YOU. MR. BRONSKY. >> Bronsky: SO I SHARE MR. BROUNOFF'S CONCERN. I THINK OUR STAFF -- I WANT TO SAY THANK YOU. THIS IS A GREAT DEVELOPMENT. I LIKE A LOT OF WHAT'S GOING ON HERE. AND SO I SHARE MR. BROUNOFF'S CONCERN ABOUT THE COMMITMENT. IF THIS IS . . . IF THIS PICKLE BALL COURT AND THE ACTIVATON OF THAT AREA IS SO CRITICAL, I WOULD LIKE TO SEE IT SOMEHOW OR ANOTHER TIED TOGETHER SO THAT WE CAN AS A COMMISSION BE CONFIDENT THAT THE ENTIRE PROJECT WILL BE FINISHED. SO MY FIRST QUESTION, I WANT TO ASK MATT A QUESTION. SO, WE'RE TALKING ABOUT A COMMITMENT TO OPERATE 390 APARTMENTS. AS YOU'RE LOOKING AT MOVING -- MATTER OF FACT, I CHECKED OUT YOUR WEBSITE. VERY NICE, DOWN IN AUSTIN. A WE'RE TALKING ABOUT THIS, WHAT I HEAR FROM THE STAFF IS THAT ALL WE'RE SEEING IS 390 APARTMENTS AND WE DON'T SEE A COMMITMENT TOWARD THE REST OF THE STUFF, OKAY? HOW DO YOU FEEL AS THE PERSON LOOKING TO GO IN HERE PARTNERED TOGETHER WITH PEARSON HINES WHERE THEY'RE SAYING WE CAN'T BE SURE THAT THEY'RE COMING? I'M HERE. WE JUST OPENED A NEW LOCATION A WEEK AGO. WE'VE BEEN WORKING NONSTOP ON THAT. MY WIFE LET ME COME HERE TO SPEAK TO Y'ALL ON BEHALF OF GOLDEN ACRES, CONSIDERING HOW LITTLE I'VE BEEN HOME WITH ALL THAT. I DON'T KNOW WHAT OTHER . . . [ LAUGHING ] >> Chair Downs: SORRY. >> I DON'T KNOW WHAT MORE GUARANTEE I CAN GIVE OTHER THAN WE'VE PUT A LOT OF TIME INTO THIS. WE'VE FLOWN UP HERE MULTIPLE TIMES FOR MEETINGS, DRIVEN UP HERE OBVIOUSLY, WALKED THE PROPERTY. WE'VE PUT MONEY TOWARDS ARCHITECTURAL DESIGN. I MEAN, IT'S . . . YES. I MEAN, THERE'S NO SMALL INVESTMENT ON OUR PART TO DATE. THAT'S JUST NOT MONEY WE'D LIKE TO SEE THROWN AWAY. >> SURE. MS. COPELAND, IS THERE SOME WAY THAT WOULD MAKE THE CITY FEEL OF COMMITMENT ON THE OTHER PIECE THAT WE COULD DESIGN SOMETHING TO FEEL A LITTLE MORE COMFORTABLE? >> THE STAFF REPORT INDICATES THAT WE WOULD LIKE TO SEE COMMITMENT OF 22,000. >> Chair Downs: RIGHT. >> NONRESIDENTIAL SPACE. >> Bronsky: SO THE STAFF BELIEVES THAT THE DEVELOPER CAN MAKE THAT COMMITMENT? >> Chair Downs: I THINK THE DEVELOPER JUST SAID THAT THEY WOULD MAKE THE COMMITMENT. >> Bronsky: SO YOU ARE GOING TO MAKE THE COMMITMENT FOR THE 22,000? >> THE SQUARE FOOTAGE WOULD BE -- >> THE SQUARE FOOTAGE OF THE RESTAURANT FAR EEEDS2,00 >> THE TWO BUILDINGS COMBINED EXCEED 22,000, SO, YES. >> SO DOES THAT MEET WHAT THE STAFF IS TALKING ABOUT IN HERE? >> THAT'S OUR RECOMMENDATION, YES. >> Bronsky: SO YOU ARE WILLING TO COME BACK TO THE RECOMMENDATION OF 22,000. >> YES. WE COULD SUBSTITUTE 22,000 FOR THE 5,000 THAT IS MENTIONED IN THE WRITE-UP. >> JUST TO BE CLEAR, OUR RECOMMENDATION IS FOR A FIRM COMMITMENT TO 22,000. THEIR COMMITMENT IS AN EITHER/OR, EITHER THEY WAIT UNTIL 2025 OR THEY CONSTRUCTHE 5,000. >> YES. NOW, UNDERSTAND THAT THERE ARE TWO SEPARATE DEVELOPERS ON THE PROJECT, BUILDERS OF VERTICAL IMPROVEMENTS AND ONE DOES NOT WANT TO BE SADDLED BY THE CONSTRUCTION TIMING OF THE OTHER AND THAT'S THE REASON WHY THERE IS A DATE PROVISION BY WHICH THE MULTIFAMILY COULD PROCEED NO MATTER WHAT THE SITUATION IS FOR THE COMMERCIAL USE. NOW THAT DATE WAS PICKED AS JANUARY 1 OF 2025. IF IT WOULD MAKE THE COMMISSION MORE COMFORTABLE, WE CANXTEN THAT BY A FEW MONTHS. BUT YOU HAVE TO UNDERSTAND HINES IS MAKING A VERY HEAVY COMMITMENT TO BUILDING PLANS AND CONSTRUCTION AND SO ON. AND SO THEY HAVE TO HAVE A DATE CERTAIN ON WHICH THEY CAN PROCEED. JANUARY 1 VERSUS FEBRUARY 1, WE CAN TALK ABOUT IT. BUT THERE HAS TO BE A DATE CERTAIN FOR THE CORPORATION TO KNOW THAT THEY HAVE A SOUND INVESTMENT. >> Chair Downs: BECAUSE YOU HAVE THE LARGEST PART OF THE INVESTMENT IN THE PROPERTY HELD UP BY A SMALLER INVESTMENT. MATT, IF YOU GUYS -- IF THIS ALL WAS APPROVED IN THE NEXT THREE MONTHS, HOW LONG WOULD IT TAKE YOU, DO YOU THINK, TO GET ROLLING? >> IF WE KNEW THAT THIS WAS GOING TO BE APPROVED THEN WE'D START IMMEDIATELY. >> Chair Downs: OKAY. >> I MEAN, WE COULD -- WE CAN FUNDRAISE IN A MATTER OF MONTHS. OUR BANK'S ALREADY ON BOARD. WE'VE ALREADY SPOKEN TO THEM. >> Chair Downs: OKAY. >> AND I HAVE ONE MORE QUESTION FOR SEAN. THE FLEX SPACE ON THE FIR FLOOR. IF IT IS BEING MARKETED AS RESIDENTIAL AND HEY, BY THE WAY, THIS IS AVAILABLE, HOW DOES THAT REALLY ACTIVATE THE STREET USAGE? >> BECAUSE IT'S MARKETED TOWARDS PEOPLE THAT MIGHT WANT TO LIVE IN THE SAME PLACE THAT THEY CONDUCT THEIR BUSINESS. SO IT'S CATERING TO FOLKS THAT A TYPICAL APARTMENT UNIT MIGHT NOT SATISFY THEIR NEEDS. THEY NEED A GROUND-FLOOR SPACE, WHICH THERE'S NOT A LOT OF THOSE. AND B. THEY NEED ONE THAT ALLOWS THEM TO POTENTIALLY RUN THEIR BUSINESS OUT OF THAT GROUND-FLOOR SPACE. AND SO I THINK ALTHOUGH IT WILL BE MARKETED AS RESIDENTIAL ON TOURS, IT WILL BE EXPLAINED TO THE RESIDENTIAL HEY, THIS IS WHAT YOU GET. YOU HAVE A STREETSCAPE, YOU HAVE A FRONT DOOR, YOU HAVE POTENTIAL SIGNAGE OPPORTUNITIES AND THAT PERSON CAN THEN TAKE THAT OPPORTUNITY AND USE IT TO POTENTIALLY OPEN THEIR BUSINESS. I THINK WHAT'S INTERESTING ABOUT THE FLEX SPACE IS TO YOUR QUESTION, IS THAT THERE'S NOT A LOT OF OPPORTUNITIES TO LEASE THAT SMALL OF A SQUARE FOOTAGE AND RUN A BUSINESS OUT OF IT. TO GO LEASE A SPACE DOWN IN CityLine OR SOMEWHERE ELSE IN PLANO IN A TYPICAL OFFICE BUILDING FOR ONE, MOST LANDLORDS MAY NOT EVEN ENTERTAIN YOU IF YOU'RE LOOKING FOR A THOUSAND SQUARE FEET BECAUSE THEY MIGHT SAY THAT'S NOT WORTH MY TIME AND EFFORT, WHEREAS THE APARTMENT OFFERS THAT SMALL FLEXIBLE OPTION FOR THEM. AND B. IT'S PROBABLY SO EXPENSIVE GIVEN WHERE OFFICE RATES ARE RIGHT NOW THAT THEY MAY NOT BE ABLE TO PAY THE FREIGHT. SO I THINK IT OFFERS A SMALL FLEXIBLE OPTION FOR BUSINESS OWNERS THAT THEY DON'T NEED TO BE ON THE 10TH FLOOR OF A HIGH-RISE BUILDING, THEY JUST NEED A SMALL SPACE WHERE THEY CAN CONDUCT THEIR BUSINESS. >> Bronsky: SO WILL THOSE -- AND I MAY NOT BE FAMILIAR EXACTLY WITH WHAT I'M ABOUT TO ASK. THOSE FLEX SPACES, WILL THEY BE COMMERCIALLY SET UP FOR PEOPLE WITH HANDICAPS AND MORE DESIGNED UNIVERSALLY TOWARD -- >> YES. SO THE ENTIRE MULTIFAMILY BUILDING INCLUDING THE FLEX UNITS WILL BE DESIGNED FOR ACCESSIBILITY. SO IT WILL ADHERE TO ADA STANDARDS AND YES, BE ACCESSIBLE FOR INDIVIDUALS THAT NEED THAT ACCOMMODATION. >> Bronsky: SO THE FIRST FLOOR WILL -- WILL THE FIRST FLOOR ADDRESS UNIVERSAL DESIGN AS A WHOLE? >> YES. >> Bronsky: OKAY. THANK YOU. >> Chair Downs: MR. LISLE. >> Lisle: MY AGAIN IS FOR -- QUESTION IS FOR SEAN. THERE'S ARTISTIC RENDERINGS. THERE'S BEEN TALK ABOUT THE IQUENESS OF THE DOWNTOWN AREA. YOU KNOW THE BUZZWORDS. THE RENDERING LOOKS LIKE IT'S GOT A LOT OF BRICK, AND MY UNDERSTANDING FROM STAFF AND STATE LAW IS WE CAN'T TELL YOU HOW MUCH OF THESE EXTERIOR BUILDING MATERIALS YOU HAVE TO USE NOW. IS THERE ANY COMMITMENT YOU CAN MAKE, OR IS THERE A TYPICAL PROJECT MIX THAT YOU USE? WITH IT BEING DOWNTOWN YOU LOOK AT EASTSIDE VILLAGE PHASE ONE AND TWO, YOU LOOK AT MIRADA, IT IS A COMBINATION OF MATERIALS, BUT WHAT PERCENTAGE DO YOU >> SURE.O BE BRICK VSUS SO, WE WILL THROUGH THE PROCESS OF DESIGN GO THROUGH AN EXTENSIVE BENCHMARKING WHERE WE LOOK AT WHAT DO THE COMPS IN THE AREA LOOK LIKE, WHAT DOES THEIR SKIN COMPOSITION LOOK LIKE AND WHAT CAN THE PROJECTS AFFORD ECONOMICALLY. OUR INTENTION IS TO MATCH THOSE RENDERINGS AS CLOSE AS WE CAN. WE WANT IT TO BE BRICK-HEAVY. I THINK MIRADA IS A VERY APPEALING DESIGN. THERE WILL BE A MIX OF MATERIALS, LIKE YOU SAID. BRICK IS NOT THE CHEAPEST MATERIAL, BUT AT THE SAME TIME, THERE ARE WAYS THAT WE CAN ORIENT THE EXTERIOR-FACING FORCES OF THE BUILDING TO HAVE A HEAVIER MIX OF THOSE MORE EXPENSIVE MATERIALS BECAUSE WE WANT THAT PUBLIC-FACING PORTION TO BE DRESSED UP, I GUESS, FOR LACK OF BETTER TERM. THE INTERIOR COURTYARDS ON THE OTHER HAND CAN HAVE A HIGHER MIX OF SOME OF THE MORE ECONOMICALLY AFFORDABLE MATERIALS. SO TO ANSWER YOUR QUESTION, WE INTEND TO DO A LOT OF BRICK. WE INTEND TO HAVE A MIX OF DIFFERENT-COLORED BRICKS. THAT'S SOMETHING WE WILL WORK ON WITH OUR DESIGN TEAM AND ENSURE THAT WE END UP WITH A PRODUCT THAT WE'RE VERY HAPPY WH AND THAT COMPLEMENTS THE DOWNTOWN AREA. >> Chair Downs: THANK YOU. MR. R RATLIFF. >> Ratliff: THANK YOU. JUST A COUPLE OF FOLLOWUP QUESTIONS. I'M TRYING TO STILL UNDERSTAND THIS TIMING QUESTION. SO ASSUMING THAT EVERYTHING GOES FORWARD TONIGHT AND WITH CITY COUNCIL, WHAT'S YOUR TIMELINE WITHOUT THIS JANUARY '25? IF THAT WASN'T ON THE TABLE, WHAT DOES THE TIMELINE LOOK LIKE FOR START OF CONSTRUCTION AND INITIAL MOVE-IN OF THE FIRST TENANT? >> SURE. ASSUMING WE ARE APPROVED, WE WOULD IMMEDIATELY GO INTO CAPITAL-RAISING EFFORTS AND THEN BEGIN THE FULL DESIGN OF THE PROJECT AS SOON AS WE POSSIBLY CAN. SO TO DATE WE'VE DONE THE CONCEPT-LEVEL DESIGN THAT YOU ALL HAVE SEEN. THE NEXT STEP IS TO GO INTO SCHEMATIC DESIGN WHERE WE ARE ADVANCING THE SITE PLAN AND REALLY ADDING LAYERS OF STRUCTURAL ENGINEERING, CIVIL ENGINEERING, ALL OF THE OTHER ENGINEERING ELEMENTS AND ARCHITECTURAL ELEMENTS THAT IT TAKES. SO WE WOULD GO INTO THAT IMMEDIATELY. THAT'S TYPICALLY A 12-MONTH GIVE OR TAKE PROCESS. AND WHEN YOU ACCOUNT FOR THE HOLIDAYS, THE IDEA WAS ALL OF '24 IS DESIGN AND WE WOULD BE READY TO BREAK GROUND IDEALLY AT THE START OF 2025. THAT'S WHERE THAT DATE CAME FROM. THE CONSTRUCTION TIMELINE TO YOUR QUESTION IS APPROXIMATELY 28 MONTHS AND YOU'RE DELIVERING UNITS JUST ABOUT AFTER THE 20TH MONTH OR SO. SO YOUR FIRST MOVE-INS HAPPEN IN 2021 AND YOU ARE LEASING UP AS THAT KIND OF LAST SEVEN OR EIGHT MONTHS OF CONSTRUCTION CONCLUDES. THE LEASING CENTER AND ANITIES TYPICALLY DELIVER FIRST WITH THAT FIRST TRANCHE OF UNITS SO THAT ON TOURS YOU CAN SHOW THE FIRST COUPLE RESIDENTS, YOU KNOW, HERE'S THE POOL. HERE'S THE AMENITIES CENTER. HERE'S THE DOG PARK. THE FITNESS CENTER, THINGS LIKE THAT THAT OBVIOUSLY DRIVE TENANTS TO LEASE IN THE BUILDING. SO, LIKE I SAID, 12 MONTHS GIVE OR TAKE OF DESIGN, 28 MONTHS OF CONSTRUCTION THEREAFTER AND DELIVERING UNITS AFTER 20 MONTHS. >> Ratliff: YOU'RE TALKING ABOUT FALL OF '26 FOR FIRST TENANTS? >> YES, SIR. >> Ratliff: OKAY. MATT, SAME QUESTION. WHAT'S YOUR TIMELINE LOOK LIKE? [ LAUGHING ] >> YEAH. TO BE COMPLETE HONEST, WE'RE USUALLY HELD UP BY THE CITY OF AUSTIN. [ LAUGHING ] >> Ratliff: HOLD ON. I'VE WORKED ALL OVER THE COUNTRY. THIS IS NOT AUSTIN. >> EXACTLY. SO, I MEAN, TYPICAL DESIGN FOR US IS 5-6 MONTHS TOPS. AND WE'RE USUALLY APPLYING DURING THAT PERIOD. AND AS SOON AS DESIGNS ARE APPROVED, WE ARE GROUNDING. >> Ratliff: A YEAR TO BUILD IT, BEING OPEN IN 18 MONTHS? >> WE COULD PROBABLY BUILD IN A YEAR, OVERALL CONSTRUCTION. OUR LAST PROJECT, THE CITY OF AUSTIN KILLED US, SO. [ LAUGHING ] IT'S HARD TO SAY. BUT I COULD SAY YEAH, CONFIDENTLY I THINK A YEAR. >> Ratliff: REASONABLE TO THINK YOU'D BE OPEN BY SUMMER OF '25? >> VERY REASONABLE. 18 MONTHS FROM APPROVAL TO OPENING YEAH. >> Ratliff: YOU'D BE A YEAR AHEAD OF THE FIRST APARTNTS TO TURN OVER. >> YES. >> HOPEFULY SEND PEOPLE TO CLEAN UP -- >> PART OF THE TOUR AS WELL. OUR IDEA WOULD BE WE ARE GETTING POTENTIAL RESIDENTS EXCITED TO LIVE THERE. >> WE'RE GOING TO SELL THEM A LOT OF GIFT CARDS AND CUSTOM PADDLES. >> Ratliff: SO ANOTHER FOLLOWUP QUESTION FOR SEAN AS WELL. >> YES. >> Ratliff: THE PODIUM REQUIREMENTS IN THE BG ZONING, SETTING ASIDE THE CONCRETE STRUCTURAL ELEMENT, REQUIRE FLEX SPACE UNITS TO HAVE AN INDIVIDUAL EXTERIOR ENTRANCE AND A MINIMUM FLOOR TO CEILING SEPARATION OF NINE FEET. IS THAT -- >> YES. THAT'S IN LINE WITH WHAT WE'VE DESIGNED. >> SO YOU'RE MEETING ALL OF THE CRITERIA. >> YES. >> AND YOU'RE NOT OPPOSED TO RESTRICTING OR PUTTING IN THE PD THAT ALL THE UNITS ON THE GROUND FLOOR WILL BE FLEX. >> ALL THE E THE EXTERIOR FACIN. >> WITH THE EXCEPTION OF THE CHCONCRETE. >> YES. >> Ratliff: THANK YOU VERY MUCH. >> Chair Downs: OKAY. MR. BROUNOFF. >> ONE QUICK QUESTION. YOU'LL HAVE TO FORGIVE ME. I AM VERY BAD WITH NAMES. THE GENTLEMAN IN THE PINK HAT. I'M SO SORRY. I DIDN'T CATCH YOUR NAME. [ LAUGHING ] >> Chair Downs: MATT. >> YES, SIR. >> Brounoff: YOU SAID YOU HAD SPOKEN WITH THE BANK AND THEY'RE ON BOARD. I WOULD THINK IN ORDER TO BE ASSURED THAT YOU'VE GOT FINANCING IN PLACE YOU'D HAVE TO DO SOMETHING MORE THAN JUST SPEAK TO THE BANK. >> WE HAVE A VERY GOOD RELATIONSHIP WITH OUR BANK.. WE'VE WORKED WITH THEM FOR TEN PLUS YEARS. ALL OF OUR INVESTORS AND EVERYBODY HAVE HAD THEIR MONEY RETURNED PRETTY QUICKLY. IT'S A SMALL OPERATION BASED OUT OF AUSTIN, HORIZON BANK TEXAS. AND THEY HAVE EXPRESSED THEIR EXCITEMENT IN THE PROPERTY AND US BEING THE TENANTS OF THE PROPERTY SO. THAT'S WHAT I MEANT WHEN I SAID THE BANK WAS ON BOARD. >> Brounoff: ALL RIGHT. THANK YOU. >> Chair Downs: OKAY. GOOD. SO WE STARTED THIS CONVERSATION AN HOUR AGO, AND ACTUALLY THAT MAY BE A RECORD FOR A MULTIFAMILY DEVELOPMENT TO HAVE AN HOUR AND B DON WITH THAT. SO, DO WE HAVE ANY MORE SPEAKERS? >> NO, WE DO NOT. >> Chair Downs: OKAY. I AM GOING TO CLOSE THE PUBLIC HEARING, AND WE WILL CONFINE OUR DISCUSSIONS HERE. I WOULD HAVE A QUESTION FOR STAFF FIRST, AND THAT IS I SAW THE INITIAL DESIGN AND IT SHOWED THE STREET ALIGNMENT, H WHICH TENDED TO BE RIGHT ACROSS FROM AVENUE M I THINK IT IS. AND I CAN SEE THE BENEFITS OF THAT. BUI THINK WE CREATE OTHER ISSUES. FORTUNATELY, EVERYWHERE I GO IN THE CITY THERE'S STREETS COMING IN FROM BOTH SIDES THAT ALWAYS -- THAT DON'T ALWAYS LINE UP. AND THAT'S A PROBLEM, I GUESS. SO I WISH I COULD SEE THAT IN ALIGNMENT. MY UNDERSTANDING IS IF THEY WERE DOING THAT, WE WOULD ALMOST HAVE TO CHANGE THE SIZES OF THE LOTS, BECAUSE OF THE BLOCK ALIGNMENT. AND WITH A LARGER BLOCK, I THINK WE'RE MORE APT TO GET MORE APARTMENTSECAU OF THAT REQUIREMENT. SO I'M A LITTLE CONCERNED WITH THAT. BUT IS THAT REALLY THE STREET ALIGNMENT, HOW CRITICAL IS THAT? OVERALL TO THE PROJECT? >> WHAT'S BEEN PROPOSED FOR THE APPLICANT, IT WORKS. OUR TRANSPORTATION DIVISION IS ACCEPTABLE TO THIS. THEY HAVE A SEPARATION REQUIREMENT WHEN YOU HAVE A STREET ACROSS FROM ANOTHER STREET, BASICALLY INTERSECTIONS HAVE TO BE A CERTAIN DISTANCE APART. THEY RECOMMENDED THE ALIGNMENT. THEY THOUGHT THE TRAFFIC PATTERN WOULD BE BETTER IN THAT SITUATION. SO I THINK THIS WAS A SECONDARY ALTERNATIVE THAT THEY CAN LIVE WITH. THEIR RECOMMENDATION WOULD BE TO ALIGN. >> Chair Downs: OKAY. ALL RIGHT. THANK YOU FOR THAT. YOU KNOW, AS A TRANSIT-ORIENTED DEVELOPMENT, WE TALK ABOUT ACTUALLY THOSE TYPES OF DEVELOPMENTS REQUIREMENTS. THAT'S WHAT YOU WANT. YOU'RE ATTACHED ALMOST DIRECTLY TO THE STATION. YOU CAN G MUCH CLOSER THAN THAT. AND IT'S NOT THAT FAR A WALK FROM DOWNTOWN. I CAN SEE WHY THEY WOULD INCREASE THE NUMBER OF UNITS TO 390 IF GIVEN THE OPPORTUNITY. I THINK THE THING THAT I HEAR PEOPLE STRUGGLING WITH MOST IS THE TIMING AND THE COMMITMENT. AND IF THEY'RE WILLING TO COMMIT TO THE 22,000 FEET IN THE PHASING, ESSENTIALLY THEY'RE SAYING THAT THEY'RE AGREEING THAT THIS DEVELOPMENT'S GOING TO TAKE PLACE WITH THE PKLE BALL AN. THEY DID THE AND/OR, BUT I KIND OF TEND TO BE IN FAVOR OF THE USE OF THIS PROPERTY FOR THAT TYPE OF VENUE, BECAUSE I'M NOT SURE WE HAVE ANYTHING LIKE THAN THA ON THE EAST SIDE OF TOWN. EVEN IF IT WASN'T ATTACHED TO MULTIFAMILY I WOULD BE IN SUPPORT OF THAT KIND OF USE. SO WHERE I COME DOWN ON THIS IS IT'S A TRANSIT-ORIENTED DEVELOPMENT IN MY MIND. WE'RE DOING TO HAVE HIGH DENSITY DEVELOPMENT IN THAT AREA AND THAT LOCATN. AN WEUST HAVE AN ADDITION OF A POTENTIAL ENTERTAINMENT VENUE THAT'S UNIQUE AND SOMETHING I WOULD LIKE TO SEE DOWN THERE. I'VE BEEN ENCOURAGED FOR YEARS TO PLAY PICKLE BALL. I NEVER HAVE. WHO KNOWS, MAYBE THEY'LL DRAG ME OUT THERE IF THEY GET ME A CUSTOM PADDLE. HE'LL GIVE ME A GIFT CARD. SO, I THINK IN GENERAL, YES. I'M IN FAVOR OF THE DEVELOPMENT. I THINK WE'LL SEE MORE OF THAT IF THE AGGREGATION OF THE LAND USES CAN TAKE PLACE. SO, I THINK IT'S A GOOD USE OF THE PROPERTY. IN MY OPINION, I KNOW IT DOESN'T MEAN ALL OF -- MEET ALL OF THE REQUIREMENTS OF THE COMPREHENSIVE PLAN, BUT THEY'RE WILLING TO MOVE ON THE FLEX SPACE AND ON THE PHASING, THE 22,000 FEET. SO I THINK I'M GOOD THERE AND WE COULD PUSH THE START DATE BACK A FEW MONTHS. IN OTHER WORDS, GIVE MATT MORE TIME TO GET HIS THING DONE IN CASE. BUT ULTIMATELY, I THINK BOTH OF THESE ARE GOING TO GET DEVELOPED AND HOPEFULLY BE SCESSFUL. MR. BROUNOFF, YOU WERE FIRST. >> Brounoff: THANK YOU, MR. CHAIRMAN. THIS CASE DOES HAVE A COUPLE OF THINGS GOING FOR IT OFF THE BAT, WHICH IS FIRST OF ALL, AS THE APPLICANT POINTED OUT, THIS IS A BLIGHTED AREA AND IT IS IN NEED OF REDEVELOPMENT. IT IS ALSO TAKING ADVANTAGE OF OUR PUSH TOWARD TRANSIT-ORIENTED DEVELOPMENT, BECAUSE OF ITS LOCATION ADJACENT TO THE D.A.R.T. LINE AND THE STATION ACROSS THE STREET. SPEAKING GENERALLY, WHEN I SEE A PLANNED DEVELOMENT APPLICATION FOR MULTIFAMILY COMBINED WITH NONRESIDENTIAL USES WITHOUT A COMMITMENT, AN EQUAL COMMITMENT TO THE NONRESDENTIAL COMPONENT OF THE APPLICATION, I START TO WONDER WHY IS THIS AN APPLICATION FOR A PLANNED DEVELOPMENT OKAY? I CAN THINK OF ANOTHER CASEHAT WE HANDLED WHERE THAT WAS THE SITUATION. AND IF THE NONRESIDENTIAL USE WAS NOT BUILT, ALL WE WOULD BE LEFT WITH WAS A PARTIAL DEVELOPMENT CONSISTING OF MULTIFAMILY OKAY? I DON'T SEE THAT HERE, BECAUSE I SEE MORE, STRONGER COMMITMENT AND ENTHUSIASM BY THE PARTNER WHO IS GOING TO BE TAKING ON THE RESTAURANT AND THE AMUSEMENT AREA THAN I SAW IN THE OTHER CASE WITH RESPECTO AN OFFICE BUILDING. THE OFFICE BUILDING WAS BURDENED BY A DEPRESSED MARKET FOR THAT TYPE OF USE, BUT WE DON'T HAVE THAT ISSUE HERE. WE ALSO DO NOT HAVE A NOISE ISSUE HERE. SO I WOULDN'T GO SO FAR AS TO SAY I'M SOLD ON THIS PROJECT, BUT I'M WILLING TO SAY THAT I'M CAUTIOUSLY OPTIMISTIC AND I'LL TAKE A FLYER ON IT. SO, THERE YOU GO. >> Chair Downs: MR. RATLIFF. >> Ratliff: THANK YOU, CHAIRMAN. AS A RESIDENT OF DOWNTOWN I HAVE TO ADMIT I HAVE MIXED EMOTIONS BECAUSE I APPCIATE THE EXTRA DENSITY BUT I KNOW IT WILL INCREASE MY WAIT TIME FOR A TABLE AT URBAN RIO ON A FRIDAY NIGHT. [ LAUGHING ] >> Ratliff: WHICH WILL FORCE ME OVER TO FILLMORE'S OR SOMEPLACE, BUT IT'S ALL GREAT. AS A RESIDENTIAL OF DOWNTOWN, I KNOW THAT IT'S THRIVING, IT'S GROWING, AND MORE TRAFFIC IS A GREAT THING. I'VE FREQUENTED EVERY ONE OF YOUR ESTABLISHMENTS MORE THAN ONCE, AND IT'S GREAT TO SEE IT VIBRANT AND BUSY ON THE WEEKENDS AND I WISH IT WAS BUSIER ON THE WEEK DAYS. I'M SURE YOU DO, T. I SEE THIS AS ONE OF THOSE CATALYST PROJECTS THAT WILL HELP DO THAT. I KNOW THAT THAT'S WHAT THE DOWNTOWN AREA NEEDS TO BE GROWING AND MORE VIBRANT AND MORE OPPORTUNITY. IT NEEDS MORE PLACES FOR PEOPLE TO LIVE, BOTH FOR YOUR CUSTOMERS AND FOR YOUR EMPLOYEES AND FOR OTHER PEOPLE THAT ARE IN THE AREA. SO WITH THAT, I'M FULLY SUPPORTIVE OF THIS CONCEPT. MY WIFE AND I HAVE TRIED PICKLE BALL A COUPLE TIMES. I'M NOT AS NIMBLE AS I USED TO BE, BUT MAYBE WITH A LITTLE MOR PRACTICE, A PLACE CLOSE-BY, MAYBE THAT'S AN OPPORTUNITY FOR US. WITH THOSE THINGS SAID, I THINK THAT WITH THE TWO STIPULATIONS THAT THE CHAIRMAN TALKED ABOUT ABOUT THE GROUND FLOOR FLEX SPACE UNITS AND THE COMMITMENT TO THE PHASE ONE RETAIL, I THINK THOSE ANSWER THE ONLY TWO CONCERNS I HAD. I DON'T HAVE A PROBLEM WITH THE OFFSET ROADWAY. I THINK IT'S OFFSET FAR ENOUGH THAT IF ANYTHING IT MIGHT BE OF BENEFIT BECAUSE IT WILL DISCOURAGE THROUGH TRAFFIC ON WHAT SHOULD BE A MORE PEDERIAN-ORIENTED THOROUGHFARE THROUGH THIS COMPLEX. I WOULD RATHER NOT HAVE THE THROUGH TRAFFIC SO THAT IT IS PEDESTRIAN-ORIENTED. AND SO FROM THAT PERSPECTIVE I THINK IT'S A POSITIVE OFFSET INSTEAD OF A NEGATIVE IN MY PERSONAL OPINION. SO, THOSE ARE MY COMMENTS. >> Chair Downs: MR. BRONSKY. >> Bronsky: I THINK THIS DEVELOPMENT PROVIDES US A UNIQUE OPPORTUNITY IN PLANO. I CAN APPRECIATE THE WILLINGNESS TO GO FROM THE,000 TO THE 22,000. I AM . . . LET ME SAY IT LIKE THIS. AFTER HEARING FROM MATT AS WELL AS MR. TURNER AND THE PEOPLE AT HINES AND PIERCE, I BELIEVE THAT ALTHOUGH THE STAFF WOULD LIKE TO SEE A COMTMENT, CAN UNDERSTAND THE RATIONALE AS TO WHY IT CAN'T WORK AS A COMMITMENT LIKE THEY WOULD LIKE TO SEE. AND THAT BEING SAID, THERE ARE A COUPLE SMALL THINGS THAT I SEE HERE WITH THE COMPREHENSIVE PLAN WHERE IT DOESN'T ALIGN PERFECTLY. BUT I BELIEVE IN TOTAL THIS IS THE RIGHT USE OF SPACE FOR THIS AREA. AND I'M REALLY LOOKING FORWARD TO THE MIDDLE OF 2025 BEING ABLE TO COME OVER AND CHECK OUT YOUR PLACE. >> Chair Downs: MR. BROUNOFF. >> Brounoff: I'M SORRY, I FORGOT TO MENTION ONE THING. WITH REGARD TO THE 22,000 FEET, IF IT'S A COMMITMENT TO CONSTRUCT 22,000 FEET OF NONRESIDENTIAL USE IN THE FIRST PHASE, THAT'S ONE THING AND I WOULD TOTALLY SUPPORT THAT. BUT IF ALL THEY'RE SAYING IS THAT THEY WOULD COMMIT TO DELAY THE DEVELOPMENT OF MULTIFAMILY RESIDENTIAL USE UNTIL THE EARLIER OF JANUARY 1ST, 2025 OR AFTER ISSUING A BUILDING PERMIT TO CONSTRUCT OR REPURPOSE 22,000 SQUARE FEET OF RESIDENTIAL SPACE, I WOULD POINT OUT IT'S MORE DIFFICULT TO GET A BUILDING PERMIT FOR 22,000 FEET THAN FOR 5,000 FEET AND THAT WOULD ACTUALLY MAKE THE COMMERCIAL LESS LIKELY. SO I THINK WE PROBABLY OUGHT TO CLARIFY EXACTLY WHAT THEIR UNDERTAKING IS WITH RESPECT TO THE 22,000 FEET. >> Chair Downs: SO, GREAT QUESTION. >> Brounoff: AND I POINT OUT FOR THE APPLICANT'S BENEFIT, FROM A PREVIOUS CONVERSATION I HAPPEN TO KNOW THAT COUNCILPERSON HOLDMER IS A BIG SUPPORTER OF PICKLE BALL. >> Chair Downs: MY GUESS IS THEY KNOW THAT, TOO. ALL RIGHT. SO JUST TO BE CLEAR, YOU'RE SAYING THAT BY INCREASING THE BUILDING -- THE PHASING NUMBER TO 22,000 FEET, WE PERHAPS ARE STUMBLING ON OUR OWN FEET BECAUSE GETTING THE PRESENTER PERMIT ISMORE DIFFICULT. >> Brounoff: IF THEY'RE WILLING TO DELAY THE MULTIFAMILY CONSTRUCTION UNTIL THE EARLIER OF JANUARY 21ST, 2025, OR SUING A PERMIT TO REPURPOSE, THEN IT IS TO -- IT WOULD MAKE DEVELOPMENT -- A HIGH NUMBER WOULD MAKE DEVELOPMENT OF A COMMERCIAL SPACE LESS LIKELY. >> Chair Downs: YEAH. WE MIGHT BE SPLITTING HAIRS. MR. RATLIFF. >> Ratliff: WELL, WHAT I WAS GOING TO SAY IS THERE'S A BIG DIFFERENCE BETWEEN GETTING A PERMIT AND ACTUALLY CONSTRUCTING AND COMPLETING. AFTER HEARING WHAT MATT HAD TO SAY, HE'S GOING TO HAVE HIS PERMIT PROBABLY LONG BEFORE HINES DOES IS WHAT I SOUNDS LIKE. SO I UNDERSTAND YOUR CONCERN, BUT I THINK THAT THAT SHOWS THEIR COMMITMENT TO THE PROJECT. AND THAT'S WHAT I WAS LOOKING FOR. SO. >> Chair Downs: OKAY. >> I JUST WANTED TO CLARIFY A RECOMMENDATION TO THE 22,000, THAT'S APPROXIMATELY THE SIZE OF THAT WAREHOUSE BUILDING THAT THEY ARE PROPOSING TO UTILIZE AND PRESERVE. SO IT WOULD BE FOR THAT BUILDING. IT WOULD NOT NECESSARILY INCLUDE THE ADJACENT RESTAURANT. >> Chair Downs: SO IF YOU MADE IF FOR 5,000, NOW YOU'RE ENSURING THEY BUILD A RESTAURANT BUT THEY DON'T DO THE WAREHOUSE. AGAIN, ARE WE GOING TO SHOOT OURSELVES? I DON'T THINK HE'S GOING TO BUILD A WAREHOUSE UNLESS HE'S BUILDING THE RESTAURANT, AND HE'S NOT GOING TO BUILD THE RESTAURANT UNLESS HE'S BUILDING THE WAREHOUSE. I THINK WE'RE GOING TO GET THE PACKAGE. MR. LISLE, YOU HAVE A COMMENT. >> [ OFF MIC ] [ LAUGHING ] >> Chair Downs: I UNDERSTAND. >> APPLY FOR PERMITS. LET'S LET THE PEOPLE BRING THEIR PROJECT. >> Chair Downs: OKAY. MR. BRONSKY. >> Bronsky: I MOVE THAT WE APPROVE THIS AS SUBMITTED. >> Chair Downs: SUBJECT TO -- >> Bronsky: YEAH, I'M SRY. >> Chair Downs: LET'S BE CAREFUL WITH OUR MOTION. >> Bronsky: WELL. >> Chair Downs: BECAUSE -- >> Bronsky: TO THIS? >> THAT WAS WHAT WE TALKED ABOUT. >> WHY DON'T YOU LET MR. RATLIFF MAKE THE MOTION. >> GO AHEAD. >> I'LL SECOND. >> Chair Downs: CAN I HAVE THE FLOOR? >> I'LL PASS THE FLOOR. >> OKAY. I'D LIKE TO MAKE A MOTION THAT WE APPROVE AS SUBMITTED WITH THE CONDITIONS THAT ALL EXTERIOR GROUND FLOOR UNITS WILL BE FLEX SPACE DESIGNED, MINIMUM OF NINE-FOOT CEILING HEIGHTS, AND THAT WE WILL HAVE A 22 -- MINIMUM 22,000 SQUARE FOOT PHASE ONE COMMERCIAL USE BUILDING PERMIT ISSUED PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT FOR THE MULTIFAMILY AND PHASE TWO. >> I HAVE ONE QUESTION RELATED TO THAT. WAS IT JUST AN ENTR ENTRANCE, OR ENTRANCE AND EXIT? >> Chair Downs: ENTRANCE. >> IS THAT RIGHT? >> Chair Downs: YOU CAN GO IN AND OUT THAT DOOR. >> IF THAT'S THE CASE -- >> I JUST WANT TO CLARIFY, THAT'S NOT THE RECOMMENDATION. THAT'S NOT THE REQUEST. THE PERMIT BEFORE THEY GET AY DO PERMIT FOR THE MULTIFAMILY, OR ARE YOU REQUESTING TO INCREASE THE 5,000 TO 22,000 BUT KEEP THE TIMED RESTRICTION? >> GOOD POINT. LET ME CLARIFY THAT. I'M CLARIFYING THAT THE 5,000 RECOMMENDATION IS CHANGED TO 22,000 AND THE TIMING OF THE MULTIFAMILY CONSTRUCTION. >> Chair Downs: IS EVERYBODY PRETTY CLEAR? >> CLEAR AS MUD. >> Chair Downs: WE'VE HAD A LOT OF DISCUSSION AROUND IT. I WANT US TO BE CLEAR. >> I DON'T THINK THAT I'M CLEAR. >> MR. HILL COULD ARTICULATE WHAT THE MOTION MIGH BE. >> Chair Downs: I WAS GOING TO SAY. >> I CAN. I HOPE. >> Chair Downs: BECAUSE ESSENTIALLY WHAT WE'RE DOING IS WE'RE CREATING WHAT WAS REMOVED FROM THE PD LANGUAGE WAS THE FLEX SPACE PIECE, RIGHT? >> SO THE RECOMMENDATION IS TO -- I'M NOT GOING TO -- IS TO INCLUDE ONE, THAT THE GROUND FLOOR BE DESIGNED WITH THE FLEX SPACE REQUIREMENTS OF THE BG DISTRICT WHICH WOULD BE EXTERIOR ENTRANCES ARE REQUIRED AND A MINIMUM FLOOR TO CEILING SEPARATION OF NINE FEET. SOHAT' ONE. THE HORIZONTAL PODIUM IS NOT INCLUDED IN THE RECOMMENDATION. >> Chair Downs: RIGHT. >> SO SECONDLY, THAT THE TIME STANDARD FOR PHASING INSTEAD OF BEING 5,000 SQUARE FEET, BE INCREASED TO 22,000. SO THE PROJECT COULD MOVE FORWARD EITHER ON JANUARY 1ST, 2025 VERTICAL CONSTRUCTION FOR THE MULTIFAMILY OR THE EARLIER OF THE 22,000 COMMERCIAL, I THINK I BUTCHERED THE LAST PART. >> Chair Downs: THE PERMIT FOR THE 22,000. >> THE PERMIT COULD MOVE FORWARD. I COULD READ THAT LANGUAGE TO YOU ALL JUST TO CONFIRM. >> Chair Downs: I THINK THE KEY PART HERE IS THAT AGAIN, BEFORE WE VOTE, EVERYONE NEEDS TO BE KIND OF CLEAR THAT WE'RE SLIGHTLY IN MY OPINION, SLIGHTLY MODIFYING STAFF'S RECOMMENDATION AND IT'S GOING BACK TO THE PD AND ADDING THE FLEX SPACE REQUIREMENTS, WHICH WERE ALREADY THERE, JUST GOT CHANGED, AND MOVING THE 5,000 FEET TO 22,000 FEET. THAT'S REALLY, THAT'S ALL WE'RE DOING. >> CORRECT. >> IT'S A BUILDING PERMIT FOR A DATE. >> Chair Downs: THAT'S CORRECT. >> THE LANGUAGE IS VERTICAL RESIDENTIAL CONSTRUCTION MAY NOT OCCUR UNTIL THE EARLIER OF JANUARY 1ST, 2025 OR AFTER THE ISSUANCE OF A BUILDING PERMIT FOR THE CONSTRUCTION OR REPURPOSING OF 22,000 SQUARE FEET OF NONRESIDENTIAL SPACE. >> CORRECT. >> Chair Downs: RIGHT. IS THAT CLEAR? IS EVERYONE CLEAR? >> THAT'S WHAT I THOUGHT I SAID. >> Chair Downs: THAT'S WHAT YOU THOUGHT YOU SAID? >> SECOND THE MOTION. >> Chair Downs: WE HAVE A SECOND. I'M GOING TO ASK OUR ATTORNEY, ARE YOU COMFORTABLE WITH THE MOTION AND THE LANGUAGE? >> YEAH, I THINK IT'S FINE. >> Chair Downs: OKAY. VERY GOOD. WITH THAT, WE'RE GOING TO VOTE ON ITEM 2A PLEA VOTE. THAT CARRIES 6-0. A LOT OF DISCUSSION. THIS WILL REQUIRE FINDINGS AND I THINK WE NEED TO DO THAT BEFORE WE GO TO ITEM 2B FOR THE VOTE ON THAT CORRECT? >> YES. >> Chair Downs: OKAY. SO, WE'RE STILL IN SESSION, BUT WE'RE GOING TO HAVE TO DO SOME PAPERWORK, SO YOU GUYS CAN RELAX FOR A COUPLE OF MINUTES. >> Chair Downs: OKAY. WE'VE COMPLETED OUR SIDE BUSINESS THINGS WE HAD TO DO WITH THE FINDINGS FORMS, AND WE'RE GOING TO MOVE ON TO ITEM 2B. I NEED A MOTION. FOR 2B. >> I MOVE WE APPROVE 2B. >> Chair Downs: STOP. HANG ON A SECOND. >> I'M SORRY. >> Chair Downs: I THOUGHT WE HAD A PRESENTATION. >> YOU'RE RIGHT. JUST TO CLARIFY, OUR RECOMMENDATION WOULD BE SUBJECT TO COUNCIL APPROVAL OF THE ZONING CASE. >> Chair Downs: CORRECT. >> I MOVE WE APPROVE 2B SUBJECT TO COUNCIL'S ACTION ON THE ZONING CASE. 2023-013. >> Chair Downs: SO A MOTION BY COMMISSIONER BRONSKY WITH A SECOND BY COMMISSIONER RATLIFF TO APPROVE ITEM 2B, EXCUSE ME, SUBJECT TO COUNCIL APPROVAL OF THE ZONING CHANGE. PLEASE VOTE. OKAY. AND THAT ITEM CARRIES 6-0. ITEM 3. [ APPLAUSE ] >> AGENDA ITEM NUMBER 3, PUBLIC HEARING: ZONING CASE 2023-017 - REQUEST FOR A SPECIFIC USE PERMIT FOR PRIVATE CLUB ON 0.1 ACRE LOCATED 444 FEET WEST OF THE DALLAS NORTH TOLLWAY AND 1,398 FEET NORTH OF PARK BOULEVARD. ZONED REGIONAL COMMERCIAL AND LOCATED WITHIN THE DALLAS NORTH TOLLWAY OVERLAY DISTRICT. PETITIONER: CENTENNIAL WATERFALL WILLOW BEND, LLC. THIS IS FOR LEGISLATIVE CONSIDERATION. >> GOOD EVENING, MR. CHAIR, I'M RAHA, LEAD PLANNER WITH THE PLANNING DEPARTMENT. >> Chair Downs: YEAH. THEY'RE MOVING OUT SLOWLY. ALL RIGHT. THANK YOU. GO AHEAD. >> SURE. THIS REQUEST IS FOR A SPECIFIC USE PERMIT FOR A PRIVATE CLUB WITHIN THE SHOPS AT WILLOW BEND REGIONAL SHOPPING MALL. PRIVATE CLUBS REQUIRE S.U.P. TO OPERATE WITHIN REGIONAL COMMERCIAL ZONING DISTRICT. THE PROPOSED -- THE SUBJECT PROPERTY IS OUTLINED IN YELLOW AND IS LOCATED IN THE INTERIOR OF THE EXISTING SHOPPING MALL. THE SURROUNDING AREA IS AN ADDITIONAL MALL PROPERTY ZONED REGIONAL COMMERCIAL AND DEVELOPED WITH RETAIL AND RESTAURANT. THE PROPOSED REQUEST HAS BEEN REVIEWED FOR CONFORMANCE WITH THE COMPREHENSIVE PLAN. AND THE CONFORMITY TO THE APPLICABLE CRITERIA ARE REFLECTED IN THE NEXT TWO SLIDES. >> Chair Downs: STILL . . . >> AS WAS MENTIONED IN THE STAFF REPORT, THERE ARE FOUR S.U.P.S FOR PRIVATE CLUBS WITHIN THE PROXIMITY TO THE SUBJECT'S PROPERTY. THE EXISTING S.U.P. FOR PRIVATE CLUBS ARE HIGHLIGHT IN YELLOW. WE HAVE NOT RECEIVED ANY RESPONSES FOR THIS ZONING CASE. THIS REQUEST MEETS THE ZONING REQUIREMENT FOR THE SETBACKS AND ALSO IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN. AS A RESULT, STAFF RECOMMENDS APPROVAL OF THE S.U.P. REQUEST SUBJECT TO THE PROPERTY OWNER MAINTAINING RECEIPTS AND RECORDS TO ENSURE COMPLIANCE WITH THE MINIMUM SALE OF FOOD QUIREMENTS IN SEC SECTION 15.1000.2C OF THE ZONING ORDINANCE. AT THIS POINT, MY PRESENTATION CONCLUDES AND I'M HAPPY TO ANSWER ANY QUESTION. AND THE APPLICANT IS AVAILABLE IF YOU HAVE ANY SPECIFIC QUESTIONS. >> Chair Downs: THANK YOU. ANY >> Bronsky: SO ONE SMALL QUESTION. IS THIS A PART OF THE GREATER DEVELOPMENT -- REDEVELOPMENT THEY'RE DOING OVER THERE OR IS THIS STANDALONE? >> CURRENTLY THIS SUP PETITION IS A STANDALONE BUT IT IS IN CONFORMANCE WITH WHAT THEY ARE PROPOSING AS PART OF THAT ZONING CASE, WHICH IS ZONING CASE 2023-005. SO THEY ARE NOT IN CONFLICT. >> Bronsky: OKAY. THANK YOU. I JUST WANT TO MAKE SURE. >> Chair Downs: MY ONLY QUESTION FOR STAFF WOULD BE WHETHER OR NOT A MOTION NEEDS TO INCLUDE ALL THE LANGUAGE AROUND SUBJECT TO THEM MAINTAINING RECEIPTS. ISN'T THAT REQUIRED BY LAW ALREADY OR DO WE NEED TO PUT THAT IN OUR MOTION? >> IT IS REQUIRED IN THE ORDINANCE. I THINK THERE WAS SOME DISCUSSION WE HAD WITH THE APPLICANT ABOUT HOW TO DO THAT SO JUST FOR PERFECT CLARITY WE WANTED TO INCLUDE IT IN THE MOTION. >> Chair Downs: VERY GOOD. ABSOLUTELY. ANY OTHER QUESTIONS FOR STAFF? SEEING NONE. I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS ON IT? >> NO, WE DO NOT. >> Chair Downs: THANK YOU. I'LL CLOSE THE PUBLIC HEARING, CONFINE THE DISCUSSION TO THE COMMISSION. MR. RATLIFF. >> Ratliff: I MAKE A MOTION WE APPROVE THIS ITEM SUBJECT TO THE PROPERTY OWNER MAINTAINING RECORDS AND RECEIPTS TO ENSURE COMPLIANCE WITH THE MINIMUM SALE OF FOOD REQUIREMENTS IN SECTION 15.12C OF THE ZONING ORDINANCE. >> SECOND. >> Chair Downs: I HAVE A THOROUGH MOTION BY MR. RATLIFF WITH A SECOND BY COMMISSIONER BRONSKY ON ITEM 3 . PLEASE VOTE. THAT ITEM CARRIES 6-0. ITEM 4. >> AGENDA ITEM NO. 4. PUBLIC HEARING: ZONING CASE 2023-018 - REQUEST TO AMEND PLANNED DEVE RETAIL/NEIGHBORHOOD OFFICE ON 7.8 ACRES LOCATED ON THE NORTH SIDE OF 14TH STREET, 808 FEET EAST OF LOS RIOS BOULEVARD. ZONED PLANNED DEVELOPMENT-37- R. THIS WAS TABLED SEPTEMBER 5, 2023. PETITIONER: 4301 DEVELOPMENT, . THIS IS FOR LEGISLATIVE CONSIDERATION. >> MY NAME IS JOHN, PLANNER WITH THE PLANNING DEPARTMENT. HERE THE APPLICANT HAS REQUESTED TO TABLE THE ZONING CASE TO THE OCTOBER 16, 2023 MEETING. AND THE STAFF RECOMMENDS THAT THE PLANNING COMMISSION ACCEPT THE APPLICANT'S REQUEST. >> Chair Downs: THANK YOU. ANY EN THIS ITEM? THANK YOU VERY MUCH. I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS ON THIS ITEM? >> NO, WE DO NOT. >> Chair Downs: THANK YOU. I'LL CLOSE THE PUBLIC HEARING. CONFINE DISCUSSION TO THE COMMISSION. >> I DO HAVE A QUESTION. >> Chair Downs: OH, SORRY. >> Bronsky: I WAS JUST CURIOUS WHAT WAS THE REASON FOR THE NEEDING TO BE TABLED? >> I'M HAPPY TO PROVIDE CONTEXT ON IT. WE'RE STILL WORKING WITH THEIR ENGINEER, MAKING SURE THAT THE PLAN FINISHES OUT SOME OF THE COMMENTS WE HAD. IT'S TAKING SOME ADDITIONAL TIME WITH SOME OF THE PROJECTS THEY HAVE. >> Bronsky: THAT WAS ALL. >> Chair Downs: OKAY. >> Bronsky: SO I MOVE THAT WE ACCEPT THE APPLICANT'S REQUEST TO TABLE ZONING CASE 2023-018 TO THE OCTOBER 16, 2023 PLANNING AND ZONING COMMISSION MEETING. >> SECOND. >> Chair Downs: THANK YOU. I HAVE A MOTION BY COMMISSIONER BRONSKY WITH A SECOND BY COMMISSIONER LISLE TO APPROVE THE TABLING REQUEST. PLEASE VOTE. THAT ITEM CARRIES 6-0. ITEM 5. >> AGENDA ITEM NO. 5. PUBLIC HEARING - REPLAT AND REVISED SITE PLAN: WILLOW BEND POLO ESTATES PHASE B, BLOCK B, LOT 5R - ONE PATIO HOME LOT ON 0.1 ACRE LOCATED ON THE EAST SIDE OF SHADDOCK BOULEVARD, 217 FEET NORTH OF TURTLE CREEK DRIV ZONED PLANNED DEVELOPMENT-423- PATIO HOME. APPLICANTS: PAUL N. AND JULIA S. HORNE. THIS IS FOR ADMINISTRATIVE CONSIDERATIO. >> THANK YOU. STAFF RECOMMENDS APPROVAL OF THE REPLAT AND THE REVISED SITE PLAN AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT VE. >> Chair Downs: THANK YOU VERY MUCH. ANY QUESTIONS FOR STAFF ON THIS ITEM? MR. RATLIFF. >> Ratliff: I HAVE ONE QUICK, GENERIC QUESTION. THIS IS THE THIRD OR FOURTH CASE WE HAVE HAD IN THIS SUBDIVISION. IS IT JUST THE HOUSES AREN'T QUITE FITTING ON THE LOTS LIKE THEY THOUGHT OR IS THERE SOME BIGGER PROBLEM? >> THEY ARE PROPOSING A UNIQUE SETBACK FOR THESE PATIO HOME LOTS AND THE ORDINANCE ALLOWS FOR IT. THE APPLICANT IS, INSTEAD OF SUBMITTING ONE REVISED SITE PLAN TO CHANGE ALL THOSE SETBACKS, THEY ARE DOING IT ONE BY ONE. AND ACTUALLY YOU ARE GOING TO SEE MORE OF THIS DEVELOPMENT IN THE FUTURE. >> Ratliff: OKAY. JUST CURIOUS. THANK YOU. >> SURE. >> Chair Downs: IS THIS SOMETHING THAT THE NEW STATE LAW'S GOING TO ALLOW US TO GET PAST? >> THAT'S WHAT OUR HOPE IS, YES. >> Chair Downs: THANK YOU. THANK YOU. I'LL OPEN THE PUBLIC HEARING. ANY SPEAKERS ON THIS ITEM? >> NO, WE DO NOT. >> Chair Downs: THANK YOU. I'LL CLOSE THE PUBLIC HEARING. >> I MOVE WE APPROVE THIS AS SUBMITTED. >> Chair Downs: THANK YOU. >> AGENDA ITEM 5. >> SECOND. >> Chair Downs: ALL RIGHT. SO I HAVE A MOTION BY COMMISSIONER BRONSKY WITH A SECOND BY COMMISSIONER BROUNOFF TO APPROVE ITEM 5 AS SUBMITTED. PLEASE VOTE. THAT ITEM CARRIES 6-0. ITEM 6. >> AGENDA ITEM NO. 6. PUBLIC HEARING - REPLAT: C.R.U.M.C. ADDITION, BLOCK 1, LOT 1R - 363 MULTIFAMILY RIDENCE UNITS ON ONE LOT ON 16.9 ACRES LOCATED AT THE SOUTHEAST CORNER OF CUSTER ROAD AND LEGACY DRIVE. ZONED MULTIFAMILY RESIDENCE-3. APPLICANT: HS/P LEGACY SQUARE, THIS IS FOR ADMINISTRATIVE CONS. >> STAFF RECOMMENDS REPLAT FOR APPROVAL AS SUBMITTED. I'M AVAILABLE FOR ANY QUESTIONS. >> Chair Downs: THANK YOU. ANY QUESTIONS FOR STAFF ON THIS ITEM? ALL RIGHT. THANK YOU VERY MUCH. I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS? >> NO, WE DO NOT. >> Chair Downs: THANK YOU. I'LL CLOSE THE PUBLIC HEARING. ANYBODY AWAKE? GO FOR IT, MR. LISLE. >> Lisle: [OFF MIC] >> SECOND. >> Chair Downs: I HAVE A MOTION BY COMMISSIONER LISLE WITH A SECOND BY COMMISSIONER BROUNOFF TO APPROVE ITEM 6 AS SUBMITTED. PLEASE VOTE. THAT ITEM CARRIES 6-0. NOW WE GET INTO THE MEAT. GISLATIVE STUF >> 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 UPO THE NUMBER OF SPEAKER REQUESTS, LENGTH OF THE AGENDA, AND TO ENSURE MEETING EFFICIENCY, AND MAY INCLUDE A TOTAL TIME LIMIT. AGENDA ITEM NO. 7. DISCUSSION AND DIRECTION: HB 3699 PLAT CHANGES - DISCUSSION AND DIRECTION REGARDING CHANGES TO STATE LAW THROUGH HOUSE BILL 3699 FOR THE APPROVAL AUTHORITY OF PLATS. APPLICANT: CITY OF PLANO. THIS IS FOR ADMINE CONSIDERATION. >> GOOD EVENING. MEL, LEAD PLANNER WITH THE PLANNING DEPARTMENT. THE 88th TEXAS LEGISLATURE PASSED HOUSE BILL 3699 WHICH INCLUDES FAIRLY EXTENSIVE UPDATES TO SUBDIVISION REQUIREMENTS AS WELL AS CHANGES TO CHAPTER 212 OF THE LOCAL GOVERNMENT CODE . THIS DISCUSSION IS FOCUSED ON A CHANGE TO CHAPTER 212 WHICH ALLOWS STAFF TO APPROVE PLATS THAT WOULD PREVIOUSLY HAVE BEEN APPROVED BY THE PLANNING AND ZONING COMMISSION IF THE COMMISSION OR CITY COUNCIL CHOOSES TO DELEGATE THE AUTHORITY. WITH THE CHANGES MADE TO THE SUBDIVISION ORDINANCE 2023-002, APPROVED BY CITY COUNCIL ON AUGUST 28, OPERATIONS ARE COMPLIANT TODAY WITH HB 3699. THIS IS AN ADDITIONAL ALLOWANCE THAT WE ARE CONSIDERING. CHAPTER 212 OF LOCAL GOVERNMENT CODE ASSIGNS PLAT APPROVAL AUTHORITY TO THE MUNICIPAL PLANNING COMMISSION. HOWEVER, THE COMMISSION MAY DELEGATE THIS AUTHORITY TO ONE OR MORE OFFICERS OR EMPLOYEES PRR TOHE CHANGES MADE THROUGH HB 3699, APPROVAL AUTHORITY COULD ONLY BE DELEGATED TO STAFF FOR CERTAIN PLAT TYPES INCLUDING AMENDING PLATS AND MINOR PLATS. CERTAIN REPLATS COULD ALSO BE APPROVED BY STAFF. HOWEVER, FOR SINGLE AND TWO-FAMILY RESIDENTIAL REPLATS, CHAPTER 212 REQUIRES NOTIFICATION AND IF THESE REPLATS REQUIRE A VARIANCE, A PUBLIC HEARING MUST BE HELD. THE CITY HAS THEREFORE HISTORICALLY OPTED TO NOTICE ALL SINGLE AND TWO-FAMILY RESIDENTIAL REPLATS AND TO SCHEDULE ALL REPTS FOR PUBLIC HEARINGS. THE BREAKDOWN OF PLAT APPROVAL AUTHORITY UNDER THIS CURRENT PRACTICE IS SHOWN HERE. STAFF IS PROPOSING THE COMMISSION DELEGATE THE APPROVAL AUTHORITY TO STAFF FOR MOST PLAT TYPES. THE BREAKDOWN OF PLAT APPROVAL UNDER THE PROPOSED PRACTICE IS SHOWN HERE. PLAT APPROVAL IS AN ADMINISTRATIVE PROCEDURE SO A PLAT MAY ONLY BE DENIED IF IT DOES NOT COMPLY WITH CITY REGULATIONS AND REASONS ARE PROVIDED FOR THE DENIAL. FURTHER, TIME TO OBTAIN PROJECT APPROVALS IS AN EXTREMELY CRITICAL AND COSTLY CONSIDERATION FOR DEVELOPMENT PROJECTS. PLATS MAY BE READY FOR CONSIDERATION ONE-TO-ONE AND A HALF WEEKS PRIOR TO A COMMISSION MEETING IMPACTING AN APPLICANT'S TIMELINE. PLACING PLATS ON THE AGENDA CAN CREATE CONFUSION FOR THE APPLICANT AND FOR THE PUBLIC. PLEASE NOTE RESIDENTIAL REPLATS MUST REMAIN ON AGENDAS AS THE STATE STILL REQUIRES NOTIFICATION. WHICH YOU'LL SEE IN THE BREAKDOWN HERE. TO SUMMARIZE, BENEFITS OF THE PROPOSED PRACTICE INCLUDE A STREAMLINED DEVELOPMENT PROCESS ALLOWING PLATS TO BE APPROVED SOONER, A REDUCTION IN THE NUMBER OF ITEMS FOR REVIEW ON THE COMMISSION AGENDAS, ALLOWING THE COMMISSION TO FOCUS ON SUBSTANTIVE LEGISLATIVE ITEMS AND AN INCREASE IN ADMINISTRATIVE EFFICIENCY. UNDER THE CURRENT PRACTICE, THE COMMISSION APPROVED 128 PLATS WITHIN A ONE-YEAR PERIOD WHILE STAFF APPROVED ZERO. AND THE BREAKDOWN IS SHOWN ON THE SCREEN. UNDER THE PROPOSED PRACTICE, USING THOSE SAME ONE-YEAR NUMBERS, THE COMSSIO WOULD HAVE APPROVED 17 PLATS WHILE STAFF WOULD REVIEW AND APPROVE 111. THIS WOULD BE AN 87% REDUCTION IN PLATS SEEN BY THE COMMISSION. AT THIS TIME STAFF IS REQUESTING THE COMMISSION PROVIDE DIRECTION ON THE PROPOSED PLAT APPROVAL AUTHORITY CHANGES. IF THE COMMISSION'S DIRECTION IS TO DELEGATE APPROVAL AUTHORITY TO STAFF FOR SOME PLATS, AMENDMENTS TO THE SUBDIVISION ORDINANCE WILL BE DRAFTED AND INCORPORATED INTO SUBDIVISION ORDINANCE AMENDMENT 2023-003 FOR CONSIDERATION BY THE COMMISSION AND THE COUNCIL. AND I CAN ANSWER ANY QUESTIONS. >> Chair Downs: THANK YOU. MR. RATLIFF. >> Ratliff: I WANT TO MAKE IT CLEAR, YOU COVERED IT, BUT I WANT TO MAKE IT CLEAR FOR ANYBODY THAT'S WATCHING OR LISTENING AND DOESN'T UNDERSTAND ALL THIS THAT RIGHT NOW IF Y'ALL SAY IT IS ADMINISTRATIVELY COMPLETE AND TECHNICALLY ACCURATE, AS A P&Z, WE HAVE TO FIND A MISTAKE IN YOUR WORK IN ORDER TO NOT APPROVE IT, CORRECT? >> CORRECT. >> Ratliff: SO IT DOESN'T COMPLY WITH, IN OUR OPINION, VERSUS WHAT YOU RECOMMENDED TO IT. HAS THERE BEEN A CASE WHERE THAT HAS HAPPENED? >> NOT TO MY KNOWLEDGE. MR. HILL? >> I'M TRYING TO REMEMBER. I WILL NOT SAY THAT OUR STAFF IS PERFECT, ALTHOUGH WE DO TRY VERY HARD. THERE MAY HAVE BEEN ONE OR TWO HERE OR THERE OVER THE YEARS THAT MAY HAVE TO COME BACK BEFORE YOU, BUT IN GENERAL -- >> Ratliff: VERY RARE. >> VERY RARELY. I CANNOT THINK OF AN EXAMPLE OFFHAND BUT I HAVE BEEN HERE 20 YEARS SO IT'S POSSIBLE. >> Ratliff: IT'S HARD TO DO ABSOLUTES. I RESPECT THAT. MY POINT IS THE ADMINISTRATIVE APPROVAL PROCESS IS CEREMONIAL, AT BEST. >> I THINK THAT COVERS 99% OF THE SITUATIONS. >> Ratliff: SO WE'RE NOT REALLY CHANGING MUCH, OTHER THAN WE'RE SPEEDING UP THE PROCESS FOR PEOPLE TRYING TO DO SOMETHING IN THE CITY OF PLANO. >> Chair Downs: MR. BROUNOFF. >> Brounoff: THANK YOU, MR. CHAIRMAN. FIRST, LET ME SAY I THINK WE HAVE AN OUTSTANDING STAFF AND WE'RE ALL VERY APPRECIATIVE OF THE WORK THEY DO AND THE SUPPORT THEY GIVE TO US, TO THE COUNCIL, AND TO THE PEOPLE OF THE CITY. HAVING SAID THAT, HOWEVER, I STRONGLY FEEL THAT THIS CITY BELONGS TO THE CITIZENS AND NOT TO DEVELOPERS AND NOT TO THE STAFF AND THAT THE PEOPLE OF PLANO HAVE A STAKE IN THE OVERALL DEVELOPMENT OF THE CITY. THEY HAVE A RIGHT TO HAVE A VOICE. THEY HAVE A RIGHT FOR THEIR GOVERNMENT TO BE TRANSPARENT SO THEY CAN SEE WHAT IS GOING ON AND, IN APPROPRIATE CASES, TO HAVE THEPPORNITY FOR INPUT TO ADDRESS THE COMMISSION OR THE COUNCIL, AS THE CASE MAY BE, AND TO HAVE THEIR VOICES HEARD. THIS PROPOSAL, I THINK DISENFRANCHISES THE PEOPLE AND REMOVES FROM THEM THE MEANINGFUL INPUT. FOR THE MOST PART THE COUNCIL DOES NOT SEE PLATS . THE PLATS GENERALLY ARE HANDLED AT THE PLANNING AND ZONING COMMISSION LEVEL AND THEREFORE WE AS COMMISSIONERS ARE THE REPRESENTATIVES OF T PEOPLE WITH RESPECT TO THE PLAT APPROVAL PROCESS. I THINK WE SHOULD CONTINUE TO ASSUME THAT ROLE AND THAT THERE SHOULD BE NO CHANGES IN PRESENT PROCEDURE. WE SHOULD CONTINUE TO RECEIVE ALL THE PLATS THAT WE HAVE RECEIVED, THAT WE'VE HAD TO APPROVE UP TO THIS POINT. I THINK THE 30-DAY SHOT CLOCK IS NOT A LONG DELAY. I DON'T THINK IT MATERIALLY DISADVANTAGES APPLICANTS. I DON'T THINK IT IMPEDES DEVELOPMENT IN ANY WAY. I DON'T THINK 30 DAYS IS VERY MUCH. I WOULD BE OPPOSED TO DELEGATING OUR APPROVAL AUTHORITY TO THE STAFF FOR THE REASON THAT I JUST STATED. THANK YOU. >> Chair Downs: THANK YOU. MR. LISLE. >> Lisle: ONE OF THE THINGS YOU SAID IS IT CREATES AN ILLUSION FOR THE PUBLIC BY PUTTING IT ON A PUBLIC AGENDA. I THINK THAT'S WHAT YOU SAID. BECAUSE IT CREATES AN ILLUSION THAT ONE OF US CAN ACTUALLY DO SOMETHING ABOUT IT. SO WE PUT IT ON AN AGENDA. WE INVITE PEOPLE DOWN HERE TO SPEAK ON IT BUT WE HAVE NO POWER TO APPROVE IT IF IT'S MET THE REQUIREMENTS -- >> Chair Downs: DISAPPROVE IT. >> Lisle: WE HAVE A RESPONSIBILITY TO APPROVE IT IF IT'S MET THE LEGAL REQUIREMENTS. AND SO WHILE I AGREE WITH YOUR SENTIMENT, IT'S REALLY THIS FALSE TRANSPARENCY BECAUSE IT CREATES AN ILLUSION THAT SOMETHING CAN BE DONE AND IF THEY MET THE LEGAL REQUIREMENT AND STAFF SAYS THEY MET THE LEGAL REQUIREMENT, THEN BY LAW IT PASSES. SO I DON'T THINK WE ACHIEVE THE OBJECTIVES THAT YOUR SENTIME. AND I WOULD BE IN SUPPORT OF DELEGATING THIS TO STAFF TO LET THEM DO WHAT THEY'VE BEEN DOING ALL ALONG, WHICH IS CHECKING. I DO HAVE A QUESTION, THOUGH. LET'S SAY THAT STAFF MISSES SOMETHING ON A PLAT AND APPROVES IT. AND THEN THERE'S A MISTAKE FOUND. IS THERE ANY -- >> Chair Downs: WHAT HAPPENS? >> Lisle: WHAT HAPPENS? >> IN THAT INSTANCE A PLAT GETS RECORDED, IT IS A RECORDED DOCUMENT. IF THERE IS AN ERROR, THEN WE WOULD TYPICALLY TRY TO ADDRESS THAT WITH THE APPLICANT, IF IT'S DISCOVERED. YOU KNOW, THE WAY WE HANDLE THAT IS WE NOTICED THIS IS A SITUATION, THIS IS INCORRECT. WE WOULD LIKE YOU TO BRING IT BACK. SO WE KIND OF ASK POLITELY. THERE IS -- IT'S A LITTLE BIT TRICKY TO DISCUSS THAT. IT'S SO RARE THAT THAT HAPPENS. BUT PERIODICALLY THERE ARE PROBLEMS IN A PLAT AND TYPICALLY THE PROPERTY OWNER DEVELOPER WANTS TO MAKE SURE THEE LAW SO TYPICALLY THEY'LL FIX THAT ISSUE. IF THERE'S A CONFLICT AND IT IMPACTS THEIR DEVELOPMENT, THEN WE'LL WORK THROUGH OPTIONS FOR THEM. PERHAPS THEY NEED TO SEEK A VARIANCE AT THAT POINT AND COME BEFORE YOU FOR THE VARIANCE SITUATION THAT WE HAVE DISCUSSED BEFORE. OR PURSUE OTHER MEANS OF RECTIFICATION. GENERALLY, IF THERE'S AN ERROR WE'RE ABLE TO WORK WITH THE APPLICANT AND CORRECT IT AND THEY CAN DO A CORRECTING PLAT. THERE'S AN AMENDING PLAT THAT'S ALLOWED IN THE SUBDIVISION ORDINANCE SO THAT CAN FIX ANY ERRORS THAT DO OCCUR. >> Lisle: IF YOU WERE TO SIMPLY EXPLAIN WHAT A PLAT -- I'M GOING TO TRY. A PLAT TAKES A PIECE OF PROPERTY AND SUBDIVIDES IT INTO LOTS? >> CORRECT. IT CREATES THE BOUNDARIES OF A ANY NECESSARY EASEMENTS FOR- UTILITIES, SUCH AS A WATER LINE. IT ALSO SETS AREAS FOR STREETS THROUGH THE DEDICATION OF RIGHT OF WAY. THAT'S THE PURPOSE. IT'S SO SUBDIVIDE AND TO DEVELOP A PROPERTY. >> Lle: RIGH. IF THE TECHNICAL STANDARDS ARE MET, WE HAVE TO APPROVE IT. >> CORRECT. >> Chair Downs: COMMISSIONER TONG. >> Tong: SO I ACTUALLY HAVE A CONCERN FROM A DIFFERENT ANGLE. IT'S NOT REGARDING WHETHER WE HAVE THE AUTHORITY OR NOT HAVE THE AUTHORITY. I THINK I FEEL GUILTY OF MYSELF THAT I DIDN'T QUITE UNDERSTAND OUR ROLE OF BEING THIS AUTHORITY TO APPROVE OR NOT APPROVE A PLAT. MAYBE THERE'S SOMETHING WE CAN TALK ABOUT. WHAT ARE YOU EXPECTING US TO DO IF WE HAVE -- WHEN WE HAVE THE AUTHORITY TO APPROVE? I KNOW A FEW COMMISSIONERS SAID THAT WE ARE SUPPOSE TO POINT OUT THE MISTAKES BUT IS IT POSSIBLE -- I CAN SEE A SCENARIO THAT MAYBE WE ARE REVIEWING THE PLATS AND THE COMMISSION BUT THE EASEMENT, THE WATER OR THE UTILITY MAY HAVE AN IMPACT TO THE NEIGHBORING PROPERTIES OR THE NEIGHBORS THAT WE MAY OR MAY NOT HAVE THOUGHT OF AND THE PUBLIC MAY RECOGNIZE THAT, GIVEN THAT MBE IHE PAST 20 YEARS IT NEVER HAPPENED. BUT COULD IT BE SOMETHING THAT WE SHOULD CONSIDER IN THE FUTURE? BECAUSE THAT WILL GIVE THE PUBLIC A TIME OR A CHANCE TO REVIEW WHAT'S HAPPENING IN THEIR ADJACENT PROPERTY THAT'S ABOUT TO BE DEVELOPED AND THERE MIGHT BE A UTILITY EASEMENT THAT GOES THROUGH THEIR BACKYARD OR SOMETHING NEW TO THEIR SURROUNDINGS THEY NEED TO KNOW. >> SURE. SO WHEN AN IMPACT WOULD OCCUR SUCH AS AN EASEMENT THAT'S NEEDED IN A PROPERTY OR OTHER SITUATIONHAT AFFECTS THE PLAT, THAT SITUATION THE BROUGHT ABOUT THROUGH WORKING WITH THE PROPERTY OWNER OR ADJACENT NEIGHBORS. THERE ARE INSTANCES WHERE AN OFF-SITE EASEMENT IS REQUIRED. SAY YOU NEED A UTILITY FROM YOUR NEIGHBOR, YOU NEED A WATER LINE THAT SERVES YOUR PROPERTY. THEN THE DEVELOPER WOULD WORK WITH THAT ADJACENT PROPERTY OWNER AND THERE'S AN EASEMENT THAT THEY WOULD GAIN FROM THEM SO THAT THEY COULD HAVE ACCESS TO THAT UTILITY. SO I CAN'T THINK OF A SITUATION WHERE WE WOULD APPROVE A PLAT AND IT WOULD IMPACT THE PROPERTY OWNER WOULD THEIR KNOWLEDGE. YOU KNOW, THE QUESTION REALLY IS, I THINK AS COMMISSIONER BROUNOFF POINTED OUT, IS THE TRANSPARENCY. YOUR AGENDAS ARE POSTED AND THEY'RE PUBLIC. THEY'RE TRANSPARENT. STAFF DOES POST OUR LIST OF DEVELOPMENT ON THE WEBSITE. WE DO HAVE A MAP WHICH MAPS ALL THE PROPERTIES THAT HAVE DEVELOPMENT THAT ARE ONGOING. WE'RE ACTIVELY WORKING ON A NEW PROJECT TRACKING SYSTEM SO THAT PEOPLE CAN EVEN LOOK UP THE PLANS AND YOU CAN SEE THOSE AS YOU CLICK ON A PARTICULAR PROPERTY. I THINK THERE IS ADDITIONAL ANSPENCYITH US BRINGING THEM FORWARD FOR YOU FOR CONSIDERATION. BUT AS YOU CAN SEE OUR PROPOSAL IS IN LINE WITH WHAT MR. LISLE'S ADDRESSING IS THERE'S REALLY NOTHING FOR THE -- THERE'S NOTHING FOR YOU TO REVIEW, SPECIFICALLY, UNLESS YOU REALLY DIG INTO THE DETAILS. YOU WOULD HAVE TO UNDERSTAND THE SUBDIVISION ORDINANCE. YOU WOULD HAVE TO LOOK AT HOW THE LOT IS LAID OUT, THE BUILDING SETBACKS. AND SO FROM TIME TO TIME WE DO HAVE COMMISSIONERS THAT ARE KNOWLEDGEABLE. TYPICALLY IT'S AN ENGINEER AND THEY WILL GIVE US QUESTIONS ON EASEMENTS AND THINGS LIKE THAT. LAUAGE THAT MICHELLE DOES A FANTASTIC JOB WORKING WITH US ON. SO UNLESS YOU ARE KIND OF REALLY IN THE WEEDS AND TECHNICALLY EXPERIENCED, IT'S KIND OF HARD FOR YOU TO REVIEW IT, ESPECIALLY WITH THE AMOUNT OF MATERIAL WE GIVE YOU TO REVIEW. SO I THINK THE CHALLENGES THAT WE HAVE MAINTAINING THIS ARE JUST THE SHEER NUMBERS THAT WE HAVE BEFORE YOU AND THE ABILITY FOR YOU ALL TO REVIEW THOSE FROM AN EXPERIENCE PERSPECTIVE. WE WOULD BE GLAD TO GIVE YOU SOME MORE TRAINING, IF YOU WOULD LIKE KEEP THEM, AND GIVE YOU SOME THINGS TO LOOK OUT FOR THAT WE DO REVIEW. I DON'T SEE THIS AS A MAJOR ISSUE, FROM A TRANSPARENCY PERSPECTIVE. WE RARELY GET QUESTIONS ON PLATS FROM THE PUBLIC UNLESS IT IS A SPECIFIC DEVELOPMENT THAT THEY'RE INTERESTED IN. WE HAD A LOT OF QUESTIONS ON A CHURCH EXPANSION THAT THEY DEVELOPED A CHAPEL. YOU ALL MAY REMEMBER THAT A YEAR OR TWO AGO. BUT, AGAIN, THAT WAS A REQUEST THAT WAS ALLOWED AND SO THEY CAME OUT WITH AN EXPECTATION THAT WE WOULD CHANGE SOME THINGS AND WE JUST KIND OF REASSURED THEM THAT YOU'RE MEETING THE REQUIREMENTS. THE CHURCH IS MEETING THE REQUIREMENTS. SO THERE WASN'T MUCH WE COULD DO. AND I THINKUR GOAL IS TO JUST GIVE YOU AND THE STAFF SOME EFFICIENCIES AND APPROVE IT FOR THE APPLICANTS. THE NUMBER ONE ISSUE WE HAVE WITH DEVELOPERS IS TIMING AND TIME IS MONEY FOR THEM AND IF WE CAN MAKE A DEVELOPMENT PRACTICE IN THE CITY MORE EFFICIENT, APPROVE PROJECTS FASTER AND IF THEY STILL HAVE THE SAME QUALITY LEVEL OF REVIEW GIVEN BY OUR STAFF, I THINK THAT'S A GOOD RECOMMENDATION. AGAIN, WE'LL TAKE DIRECTION FROM YOU ALL IF YOU THI THAT'S A SUPPORTABLE IDEA. >> Tong: THANK YOU. >> Chair Downs: I SEE MORE PEOPLE HAVE QUESTIONS BUT FROM A TRANSPARENCY STANDPOINT, I TEND TO AGREE A LITTLE BIT MORE WITH MR. LISLE IN THAT IT CAN BE CLEAR AS A BELL BUT I DOPOSED TO IT, IF IT MEETS THE REQUIREMENTS, WE HAVE AN OBLIGATION TO APPROVE IT. I GUESS THE QUESTION IS: IS TRANSPARENCY DEFINED AS IT'S ON OUR AGENDA AND THE DOCUMENTS ARE THERE? IF SO, IS THERE ANYTHING PREVENTING US FROM APPROVING ALL PLAT REQUIREMENTS IN ONE MOTION AS PART OF THE CONSENT AGENDA? IS THERE ANYTHING TO PREVENT THAT? >> YES, THERE ARE SOME REPLA REQUIREMENTS FOR CERTAIN RESIDENTIAL CASES. AND THAT'S WHAT'S IN YOUR -- >> Chair Downs: IT WOULD STILL BE REQUIRED BY US ANYWAY. BUT ANYTHING ELSE -- >> ANY PLATS APPROVED BY STAFF SECTION -- YOU COULD GO TO THAT SLIDE THAT'S THE PROPOSED -- THIS ONE HERE. THE PLATS APPROVED BY STAFF, CONVEYANCE PLAT, PRELIMINARY, FINAL PLAT, AMENDED PLAT, REPLAT. THOSE ITEMS TYPICALLY HAVE NO STATE LAW ALREADY REQUIRES TRADITIONAL COMMERCIAL REPLATS TO BE APPROVED IN THIS MANNER. BUT WHEN YOU GET TO RESIDENTIAL REPLAT, THOSE HAVE SPECIFIC NOTICE REQUIREMENTS AND CONDITIONS AND THEN VARIANCES, OF COURSE, WOULD BE AT YOUR DISCRETION. >> Chair Downs: THE PLATS APPROVED BY P&Z WOULD REMAIN AS INDIVIDUAL ITEMS ON THE AGENDA. ALL THE REMAINING -- AND RIGHT NOW, CORRECT ME IF I'M WRONG, BUT AN AMENDED PLAT AND MINOR STAFF ARE ALREADY APPROVED BY STAFF. IT'S A SMALL NUMBER BUT THEY'RE ALREADY APPROVED. ALL THE OTHER ONES THAT ARE ON THERE THAT WE'RE CURRENTLY DOING AS AN INDIVIDUAL LINE ITEM ONUR AGENDA, IS IT POSSIBLE TO CONSOLIDATE THOSE AND WE APPROVE ALL THE PLATS AT ONCE? NOW THEY HAVE HIT THE AGENDA. NOW, THAT DOESN'T MEET THE ISSUE THAT THE DEVELOPER HAS WITH THIS IS A DELAY, RIGHT? BECAUSE NOW IT'S GOT TO HIT OUR AGENDA. IT'S GOT TO BE POSTED. THEY'VE GOT TO WAIT FOR US TO HEAR IT. COULD BE TWO WEEKS OR HOWEVER LONG IT IS. SO, IN THE END, IS THAT A WORTHWHILE DELAY BASED ON THE THE NUMBER OF TIMES WE HAVE ANYBODY HERE TO -- WELL, HERE WE ARE. WE'RE TALKING ABOUT PLATS AND WHETHER THEY SHOULD BE APPRED O NOT. THERE'S NOT ACINAL PERSON SITTING IN THIS AUDITORIUM TO HEAR THIS DISCUSSION, RIGHT? SO I DON'T WANT US TO PULL THIS APART TOO FAR BECAUSE I THINK THAT WHAT'S REMAINING FOR US TO APPROVE ARE THE ONES THAT ARE GOING TO MAKE THE MOST -- HAVE THE MOST PROBABLY INPUT AND THE MOST IMPACT. THE REMAINDER, I'M MORE INTERESTED IN BENEFITING THE FLOW OF BUSINESS AND WORK IN THE CITY. SO EVERYBO'S BRDS AREIT UP BUT LET'S JUST BE -- LET'S NOT BEAT A DEAD HORSE HERE BECAUSE I CAN UNDERSTAND THE TRANSPARENCY BUT IF WE'RE NOT -- IF THERE'S NOT A HUGE ISSUE WITH IT, I DON'T WANT TO CREATE AN ISSUE THAT DOESN'T REALLY EXIST. SO LET'S GO, MR. BRONSKY. >> Bronsky: SO MY FIRST QUESTION IS ARE THERE A LOT OF OTHER CITIES DOING THIS? WHAT IS THE OUTCOME OF THIS PROCESS? >> HAVE WE REVIEWED OTHER CITIES YET? I THINK THAT'S TYPICALLY A PART OF OUR PROCEDURES BUT I'M NOT SURE IF WE HAVE DONE THAT YET. >> RIGHT. WE HAVE NOT, FOR THE PURPOSES OF THIS DISCUSSION. I AM NOT SURE IF OTHER CITIES HAVE MADE THIS CHANGE YET WITH THE BILL JUST BEING APPROVED, BUT IT WOULD BE SOMETHING WE WOULD LOOK INTO IF WE BRING FORWARD THE TEXT AMENDMENT. >> Bronsky: AND THE ABILITY TO APPROVE THE PLATS APPROVED BY STAFF, WOULD THAT BE ABLE TO BE DONE ON THE CONSENT AGENDA? >> NO. IF IT'S APPROVED BY STAFF, THEN YOU WOULD NOT SEE THOSE ITEMS ON THE AGENDA. >> Bronsky: NO. MY QUESTION IS THE ITEMS LISTED UNDER PLATS APPROVED BY STAFF. >> EXCEPT FOR THE PRELIMINARY REPLAT AND THE REPLAT. EVERYTHING ELSE ARE CONSENT ITEMS. >> Bronsky: SO THE TWO THAT REQUIRE PUBLIC HEARINGS, WHAT WOULD BE THE PROCESS, IF WE MOVED IT TO HAVING STAFF DO IT, FOR THE PUBLIC TO HAVE INPUT AS THEY WOULD IN A PUBLIC HEARING WITH STAFF ON THIS? >> SO IT WOULD BE -- THERE WOULD BE NO REQUIRED HEARING IN THAT SITUATION. IF THEY HAD QUESTIONS, THEY COULD ADDRESS IT WITH US. WE COULD SCHEDULE A MEETING WITH THEM. IT WOULD JUST BE A TYPICAL DEVELOPMENT CONVERSATION AT THAT POINT. >> Bronsky: BUT -- OKAY. I KNOW WE HAD SOMETHING A FEW YEARS BACK WITH SOME CONCERNS ABOUT COMMISSIONERS NOT NECESSARILY AGREEING WITH THE WAY A PLAT WAS READ AND WHAT THEIR OPINION WAS ON HOW THE CITY APPROVED IT OR WHETHER IT WAS WRONG OR NOT. I CAN CERTAINLY UNDERSTAND MR. BROUNOFF'S POSITION. I DO BELIEVE VERY STRONGLY THE IDEA OF TRANSPARENCY AND I THINK THE TWO ITEMS THAT REQUIRE PUBLIC HEARING HAVE BEEN DONE THAT WAY ON PURPOSE TO ALLOW THAT PUBLIC INPUT FOR THAT. I WOULD FEEL A LOT MORE COMFORTABLE APPROVING THIS IF I KNEW THAT THIS WAS SOMETHING THAT WAS COMMON AND THAT WAS A TYPICAL PRACTICE, AS OPPOSED TO BEING THE VERY FIRST ONE OUT THE GATE AND BE THE ONE THAT HAS TO FINALLY DISCOVER WHETHER THIS WAS A GOOD IDEA OR NOT. >> WE CAN DO SOME RESEARCH. IF YOU ARE SUPPORTIVE OF US CONSIDERING THIS THEN WE CAN BRING BACK THAT RESEARCH WITH THE AMENDMENT WE'LL BRING TO YOU. >> Chair Downs: I THINK YOU BRING UP A GOOD POINT HERE, WHICH IS OUR PURPOSE TONIGHT JUS TO TELL STAFF, LOO COMPREHENSIVE PLAN, GO FIGURE THESE KINDS OF THINGS OUT BECAUSE WE'RE GOING TO HAVE ANOTHER DIALOGUE AROUND THIS. WE'RE NOT TRYING TO MAKE A DECISION TONIGHT. WE'RE TRYING TO GIVE STAFF SOME GUIDANCE ON, HEY, YES, GENERAL. MAYBE WE'RE KIND OF IN FAVOR OF IT, MAYBE NOT ALL OF US BUT IN GENERAL WE WOULD LIKE MORE INFORMATION SO WE CAN GIVE THEM -- MAKE THAT DECISION. MR. BROUNOFF. >> Brounoff: WHETHER THERE ARE 300 PEOPLE OUT THERE, 50 PEOPLE OUT THERE OR TWO PEOPLE OUT THERE, IF WE HAVE A PLAT IN FRONT OF US THAT'S ADMINISTRATIVE CONSIDERATION, WE HAVE TO APPROVE IT, I WANT THEM TO SEE US DO IT. I DON'T WANT THE PEOPLE TO BE SUSPICIOUS THAT THEIR GOVERNMENT IS GOING ON BEHIND CLOSED DOORS UPSTAIRS, BEHIND ELEVATORS THAT THEY CAN'T GET ON AND THEY DON'T KNOW ANYTHING ABOUT BY PEOPLE WHO THEY THINK DON'T HAVE THEIR INTERESTS AT HEART. ANY TIME WE HAVE AN APARTMENT CASE OUT THERE HALF THE POPULATION THINKS WE DON'T HEART. ANHEROINT I WOULD LIKE TO BRING OUT IS BY APPROVING ALL OF THESE PLATS WE OBTAIN KNOWLEDGE AS TO WHAT IS GOING ON IN THE CITY IN TERMS OF DEVELOPMENT. WE ACQUIRE CONTEXT SO THAT WHEN A CASE COMES BEFORE US THAT WE DO HAVE TO EXERCISE SOME DISCRETION ON AS TO WHETHER TO APPROVE OR NOT, WE KNOW WHAT IS GOING ON IN THE NEIGHBORHOOD AND THE SURROUNDING AREA, IN THE CITY IN GENERAL AND THAT CAN HELP GUIDE OUR DECISIONS. I KNOW WHEN I GET AN AGENDA, EVEN IF THERE'S A LONG LIST OF ITEMS FOR ADMINISTRATIVE CONSIDERATION, I GET I M CAR, I DRIVE BY EVERY ONE OF THEM TO SEE WHERE THEY ARE AND WHAT THE NEIGHBORHOOD LOOKS LIKE. THAT INFORMS ME AS TO WHAT'S GOING ON IN THE CITY. I KNOW FULL WELL WE'RE GOING TO APPROVE THEM. THAT'S NOT THE POINT. THE POINT IS I WANT TO KNOW WHAT'S HAPPENING BECAUSE IT MAKES ME BE A BETTER COMMISSIONER. AND I THINK IT BENEFITS ALL OF US TO HAVE THAT AUTHORITY SO WE GAIN THAT KNOWLEDGE. >> Chair Downs: THANK YOU. MR. RATLIFF. >> Ratliff: YEAH, JUST PROVIDE INPUT TO STAFF, KIND OF ECHOING MR. BRONSKY'S POINT. I THINK WE HAVE TO LOOK AT, ON TH LIS OF THE PLATS APPROVED BY STAFF, I'D LIKE TO BREAK OUT THE TWO THAT WOULD HAVE REQUIRED THE PUBLIC HEARINGS, JUST HAVE A SEPARATE DISCUSSION OVER THOSE TWO ITEMS. AND THEN SOMETHING ELSE I WOULD LIKE Y'ALL TO EXPLORE IS WOULD THERE BE A STAFF REPORTING MECHANISM. I KIND OF AGREE WITH MR. BROUNOFF AS WELL. I WOULD LIKE TO KNOW WHAT'S GOING ON. I DON'T THINK WE NECESSARILY HAVE TO VOTE ON IT BUT COULD WE GET A REPORT ON THE PLATS WE APPROVED LAST MONTH. JUST A HEADS UP SO WE CAN KEEP OUR FINGER ON THE PULSE OF WHAT'S GOING ON. IS THAT SOMETHING WE CAN EXPLORE AS WELL AS PART OF THIS PROCESS? >> YES. WE COULD PRODUCE A REPORT OF ANY PLATS APPROVED TO INCLUDE WITHIN YOUR PACKET. >> Ratliff: I THINK THAT -- >> ONLY RESIDENTIAL REPLATS. THE SINGLE-FAMILY AND TWO FAMILY AS WELL AS THOSE REQUIRING A VARIANCE REQUIRE A PUBLIC HEARIN PER STATE LAW. THIS IS JUST GOING ABOVE AND BEYOND THAT. >> Ratliff: THAT HELPS ME. I THINK SOMETHING TO CONSIDER IS MAYBE WE CAN GET -- BECAUSE THAT MIGHT SOLVE THE TRANSPARENCY AS WELL, A STAFF REPORT IF THESE ARE ALL THE PLATS APPROVED AT THE STAFF LEVEL. IT'S IN OUR PACKET. IT'S PUBLIC KNOWLEDGE AND IF SOMEBODY WANTS TO TALK ABOUT IT, THEY CAN TALK ABOUT IT. >> Chair Downs: IT'S A REASONABLE SUGGESTION BECAUSE IT DOESN'T HOLD UP THE APPROVAL OF THESE THINGS SO THAT DEVELOPMENTS AREN'T HELD UP OR WHATEVER IS TRYING TO HAPPEN. MR. LISLE. >> Lisle: I REMEMBER EARLY -- LIKE ONE OF MY FIRST MEETINGS, THERE WERE 32 SINGLE-FAMILY LOTS GETTING PLATTED IN THE UMU DISTRICT OVER AT HERITAGE CREEKSIDE. IT HAD ALL THE LOTS. IT HAD THE STREETS. IF SOMEONE IN THE SURROUNDING COMMUNITY ACROSS MAYBE NORTH OF PLANO PARKWAY CALLED STAFF AND SAID -- HAD QUESTIONS ABOUT THAT, WHAT WOULD Y'ALL DO TODAY? >> IF THEY HAD QUESTIONS ABOUT A PROJECT THAT WAS ON THE AGENDA VERSUS NOT ON THE AGENDA, IS THAT THE QUESTION? >> Lisle: IF THERE'S REALLY SOMEONE THAT'S CONCERNED ABOUT WHAT'S HAPPENING ACROSS THE STREET FROM THEM AND THEY CALLED AND ASKED ABOUT IT, I'M THINKING YOU WOULD HAVE THE CONVERSATION WITH THEM. I MEAN, IN TODAY'S SCENARIO IT'S GOING TO GO ON AN AGENDA SO YOU'RE PROBABLY GOING TO TELL THEM, HEY, IT'S GOING TO BE HEARD BEFORE PLANNING AND ZONING AT THIS PARTICULAR TIME. >> YEAH, IT DEPENDS ON THE REQUEST. RIGHT. AND THERE ARE EVEN SITUATIONS, LIKE IN THAT EXAMPLE FOR AN URBAN MIXED-USE DISTRICT, YOU ALL WOULD SEE A PRELIMINARY SITE PLAN. THAT'S NOT A PART OF THIS CONSIDERATION BUT A FINAL SITE PLAN IS APPROVED BY STAFF. IF THE PLAT WOULD BE AT THE STAFF LEVEL BUT THEY WOULD SEE A PLAN, WHICH I THINK IS MORE REPRESENTATIVE OF THE PROJECT BECAUSE IT SHOWS THE BUILDINGS -- SHOWS THE IMPROVEMENTS. THAT'S REALLY I THINK WHAT THE PUBLIC IS MAINLY LOOKING TOWARDS IS WHAT'S THE DEVELOPMENT GOING TO LOOK LIKE. THE PLAT DOESN'T REALLY REPRESENT THAT UNLESS YOU CAN READ WHAT THOSE LINES MEAN. TYPICALLY IF SOMEONE ASKS QUESTIONS, WE'LL SEND THEM THE PLAN AND SAY THIS IS UNDER REVIEW OR STAFF IS CONSIDERING IT FOR NEAR-TERM APPROVAL OR IT'S GOING TO THE COMMISSION ON THIS DATE. YOU'RE CORRECT. BUT, YES, IT WOULD THEN, ONCE IT'S FINALIZED, BE PLACED ON AN AGENDA UNDER THE CURRENT PRACTICE. OTHERWISE, WE WOULD JUST SEND THEM THE VERSIONS THAT THEY ASKED FOR UNTIL IT WAS READY TO BE APPROVED. >> Lisle: I'M COMING AT THIS FROM THE ANGLE THAT IF SOMEONE IS PAYING ATTENTION AND THEY HAVE A CONCERN, I FEEL LIKE THEY CAN REACH OUT TO YOU GUYS AND OUR STAFF THAT WE'VE ALREADY TALKED ABOUT THE GREATNESS IS GOING TO TALK THROUGH THEM AND ASK THOSE QUESTIONS AND BE TRANSPARENT WITH THEM. IF I PUT MYSELF IN THOSE SHOES AND I CALL AND I TALK TO STAFF AND STAFF SAYS THIS IS GOING TO GO ON AGENDA FOR APPROVAL, THAT GIVES ME A HOP THAT I'M GOG TO HAVE SOME VOICE AND TO GET HERE AND HAVE IT ADMINISTRATIVELY APPROVED ANYWAY AND I CAME DOWN HERE AND I THOUGHT IT MATTERED THAT I HAD CONCERNS AND IT REALLY DOESN'T MATTER BECAUSE IT HAS TO PASS, I FEEL LIKE THE PERSON WHO HAS THOSE CONCERNS IS BETTER OFF TALKING WITH STAFF THAN HAVING SOME FALSE HOPE OF SHOWING UP HERE. >> Chair Downs: IT SOUNDS LIKE DIRECTION TO STAFF IS CAUTIOUS, MAYBE RECOMMENDATION TO MOVE THIS DIRECTION. BUT I LIKE COMMISSIONER RATLIFF'S IDEA OF A REPORT. NOW YOU HAVE TRANSPARENCY AND WE'VE GOT INFORMATION BUT IT DOESN'T DELAY THE PROGRESS. I'M ASSUMING, AS PART OF YOUR NORMAL DAY-TO-DAY ACTIVITIES, PREPARING A REPORT AROUND ALL OF THIS PLAT STUFF, THIS HAPPENS ANYWAY. YOU WOULD JUST CONSOLIDATE IT INTO OUR AGENDA AS A REPORT. >> WE WOULD BE GLAD TO DO THAT. OUR HERITAGE COMMISSION RECEIVES STAFF-APPROVED CERTIFICATES OF APPROPRIATENESS AND AT THEIR MEETINGS WE DO PROVIDE A REPORT TO THEM ON WHAT WAS APPROVED, JUST TO TELL THEM, HEY, THIS IS WHAT WE HAVE DONE. THAT'S A POSSIBILITY. >> Chair Downs: WE DON'T HAVE TO TAKE ACTION. WE WERE JUST GIVING YOU GUYS SOME GUIDANCE. I APPRECIATE MR. BRONSKY'S POINT ABOUT ARE WE THE TIP OF THE SPEAR HERE ON DOING THIS OR, NO, THIS IS SOMETHING MORE COMMON IN OTHER LOCATIONS. AND MR. BROUNOFF, I APPLAUD EVERYTHING THAT YOU SAID. IT MAKES GREAT SENSE. I UNDERSTAND IT. AND YOU'RE ALWAYS VERY ELOQUENT. THANK YOU FOR THAT. ANYTHING ELSE? 9:35. WE ARE ADJOURNED. THANK YOU. [MEETING ADJOURNED]