Planning and Zoning Commission Open Meeting - September 5, 2023

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SEPTEMBER 5, 2023 >> Chair Downs: THANK YOU FOR JOINING US THIS EVENING. IT'S NOW 7:00 AND WE WILL OPEN OUR REGULAR MEETING. IF YOU WOULD, PLEASE RISE AND JOIN ME IN THE PLEDGE OF ALLEGIANCE. [PLEDGE OF ALLEGIANCE] >> COMMENTS OF PUBLIC INTEREST TOLLOW UP TO THREE MINUTES PER 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. ANY SPEAKERS ON THIS ITEM? >> NO, WE DO NOT. >> Chair Downs: THANK YOU. MOVE TO THE 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. DOES ANYBODY WANT TO PULL AN ITEM FROM THE CONSENT AGENDA? >> I MOVE WE APPROVE THE CONSENT AGENDA AS SUBMITTED. >> I'LL SECOND THAT. >> Chair Downs: I HAVE A MOTION BY MR. BRNSKY WITH A SECOND BY COMMISSIONER CARY TO PLEASE VOTE.CONSENT AGENDA.- THAT ITEM CARRIES 8-0. ITEM 1. >> ITEMS FOR INDIVIDUAL CONSID 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 LEGISLIVE NSIDERATION ITEMS ARE MORE DISCRETIONARY, EXCEPT AS CONSTRAINED BY LEGAL CONSIDE AGENDA ITEM NO. 1. PUBLIC HEARING: ZONING CASE 2023-006 - REQUEST FOR A SPECIFIC USE PERMIT FOR 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. PETITIONER: AMREIT SSPF PRESTON GOLD LP. THIS IS FOR LEGISLATIVE CONSIDERATION. >> I'M RAHA POULADI, PLANNER WITH THE PLANNING DEPARTMENT. STAFF RECOMMENDS THE COMMISSION ACCEPTS THE APPLICANT'S REQUEST TO TABLE THIS ZONING CASE TO SEPTEMBER 18, 2023 PLANNING AND ZONING COMMISION. I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. >> Chair Downs: THANK YOU. ANY QUESTIONS FOR STAFF ON THIS ITEM? >> I MOVE WE TABLE IT. >> Chair Downs: THANK YOU. THIS IS A PUBLIC HEARING. OPEN PUBLIC HEARING. DO WE HAVE ANY SPEAKERS ON THISTEM? >> NO,E DO NOT. >> Chair Downs: THANK YOU. I WILL CLOSE THE PUBLIC HEARING. CONFINE THE DISCUSSION TO THE COMMISSION. >> APOLOGIZE. I MOVE WE TABLE THIS UNTIL THE 18th OF SEPTEMBER 2023. >> Chair Downs: I HAVE A MOTION BY COMMISSIONER BRONSKY WITH A SECOND BY COMMISSIONER RATLIFF TO TABLE ITEM 1 UNTIL SEPTEMBER 18. PLEASE VOTE. THAT ITEM CARRIES 8-0. AND YOU'LL READ ITEMS 2 -- SORRY. GO AHEAD. >> AGENDA ITEM NO. 2. PUBLIC HEARING: ZONING CASE 2023-013 - REQUEST TO REZONE 7.9 ACRES LOCATED AT THE SOUTHEAST CORNER OF MUNICIPAL AVENUE AND 13TH STREET FROM LIGHT INDUSTRIAL-1 TO PLANNED DEVELOP BUSINESS/GOVERNMENT TO ALLOW OUTDOOR COMMERCIAL AMUSEMENT AS AN ADDITIONAL USE AND TO MODIFY DEVELOPMENT STANDARDS INCLUDING, BUT NOT LIMITED TO, SETBACKS, HEIGHT, AND PARKING. ZONED LIGHT INDUSTRIAL-1. PETITIONER: 2022 PLANO LUNA, LP. THIS IS FOR LEGISLATIVE CONSIDERATION. >> STAFF RECOMMENDS THAT THE COMMISSION ACCEPTS THE APPLICANT'S REQUEST TO TABLE ZONING CASE 2023-13 TO SEPTEMBER 18, 2023 PLANNING AND ZONING COMMISSION. I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. >> Chair Downs: THANK YOU. ANY QUESTIONS FOR STAFF ON THIS ITEM? SEEING NONE, THANK YOU VERY MUCH. I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS ON ITEM 2? >> NO, WE DO NOT. >> Chair Downs: THANK YOU. I'LL CLOSE THE PUBLIC HEARING. >> I MOVE WE TABLE THIS ITEM UNTIL SEPTEMBER 18, 2023. >> SECOND. MOTION BY COMMISONERRONSKY WITH A SECOND BY COMMISSIONER OLLEY TO TABLE ITEM 2 UNTIL SEPTEMBER 18th. PLEASE VOTE. THAT ITEM CARRIES 8-0. >> AGENDA ITEM NO. 3. 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 TO INCREASE THE AMOUNT OF RETAIL SQUARE FOOTAGE. ZONED PLANNED D TAIL/NEIGHBORHOOOFFICE. PETITIONER: 4301 DEVELOPMENT, L. THIS IS FOR LEGISLATIVE CONSIDERATION. >> STAFF RECOMMENDS THAT THE COMMISSION ACCEPTS THE APPLICANT'S REQUEST TO TABLE ZONING CASE 2023-018 TO THE SEPTEMBER 18, 2023 PLANNING AND ZONING COMMISSION. I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. >> Chair Downs: THANK YOU, MS. POULADI. ANY QUESTIONS FOR STAFF? I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS ON THIS ITEM? >> NO, WE DO NOT. >> Chair Downs: THANK YOU. >> I MOVE WE TABLE THIS TO SEPTEMBER 18, 2023 . >> Chair Downs: WHAT IS THIS? >> THIS ITEM. SORRY. I MOVE WE TABLE THIS ITEM UNTIL SEPTEMBER 18, 2023. >> Chair Downs: ALL RIGHT. MR. BRONSKY IS THE KING OF CHAIRS TONIGHT OR MOTIONS. WE HAVE A MOTION BY MR. BRONSKY WITH A SECOND BY COMMISSIONER TONG TO TABLE ITEM 3 TO THE SEPTEMBER 18 MEETING. PLEASE VOTE. AND THAT CARRIES 8-0. >> AGENDA ITEM NO. 4. PUBLIC HEARING - REPLAT: VILLAS AT WELLS HILLS, BLOCK B, LOT 17R-ONE PATIO HOME LOT ON 0.2 ACRE LOCATED AT THE SOUTHWEST CORNER OF LORIMAR DRIVE AND DUBOIS DRIVE. ZONED PATIO HOME. APPLICANT: RICHARD BARNETT. THIS IS FOR ADMINISTRATIVE CONS. >> GOOD EVENING, COMMISSIONERS. MY NAME IS JOHN KIM, PLANNER WITH THE PLANNING DEPARTMENT. STAFF RECOMMENDS APPROVAL OF THE REPLAT AS SUBMITTED. I'M AVAILABLE FOR QUESTIONS. >> Chair Downs: THANK YOU. ANY QUESTIONS FOR STAFF ON THIS ITEM? MR. CARY. >> Cary: YOU'RE RELATIVELY NEW. HOW'S IT GOING SO FAR? >> IT'S GOING WELL. I'M ENJOYING IT. >> Cary: GREAT. NO MORE QUESTIONS. [LAUGHTER] >> Chair Downs: THANK YOU. ALL RIGHT. THANK YOU. THANK YOU, MR. KIM. THIS IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS ON THIS ITEM? >> WE HAVE THE APPLICANT ONLINE IF THERE'S ANY QUESTIONS FROM THE COMMISSION. >> Chair Downs: ARE THERE ANY QUESTIONS FOR THIS APPLICANT? SEEING NONE, I WILL CLOSE THE PUBLIC HEARING, CONFINE THE DISCUSSION TO THE COMMISSION. >> MR. CHAIRMAN, I MOVE WE APPROVE ITEM 4 AS SUBMITTED. >> Chair Downs: I HAVE A MOTION BY COMMISSIONER BROUNOFF WITH A SECOND BY COMMISSIONER LISLE TO APPROVE ITEM 4 AS SUBMITTED. PLEASE VOTE. SHE WAS TRICKING US. THAT ITEM CARRIES 8-0. SHE WAS JUST SITTING THERE LAUGHING AND WE'RE ALL PUSHING OUR BUTTONS. SHE'S GRINNING INSIDE. UH-HUH. [LAUGHTER] >> AGENDA ITEM NO. 5 PUBLIC HEARING - PRELIMINARY REPLAT & REVISED SITE PLAN: PARKER SQUARE, BLOCK 1, LOT 2R - COMMON AREA ON ONE LOT ON 0.5 ACRE LOCATED AT THE NORTHWEST CORNER OF K AVENUE AND PARK BOULEVARD. ZONED CORRIDOR COMMERCIAL. APPLICANT: LAURIE INDUSTRIES, L THIS IS FOR AD IMINISTRATIVE CO. >> THANK YOU. STAFF RECOMMENDS APPROVAL OF THE PRELIMINARY REPLAT SUBJECT TO ADDITIONS AND/OR ALTERATIONS TO THE ENGINEERING PLANS AS REQUIRED BY THE ENGINEERING DEPARTMENT. AND FOR THE REVISED SITE PLAN, STAFF RECOMMENDS APPROVAL AS SUBMITTED. I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. >> Chair Downs: THANK YOU VERY MUCH. ANY QUESTIONS FOR STAFF ON THIS ITEM? ALL RIGHT. THANK YOU. I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS? >> THE APPLICANT IS ONLINE, IF THERE ARE ANY QUESTIONS FROM THE COMMISSION. >> Chair Downs: THANK YOU. ANY QUESTIONS FOR THE APPLICANT ON THIS ITEM? ALL RIGHT. SEEING NONE, I WILL CLOSE THE PUBLIC HEARING AND CONFINE DISCUSSION TO THE COMMISSION. >> MR. CHAIRMAN, I MAKE A MOTION WE APPROVE THE PRELIMINARY REPLAT SUBJECT TADDY THE ENGINEERING PLAN AS REQUIRED BY THE ENGINEERING DEPARTMENT AND APPROVE THE REVISED SITE PLAN AS SUBMITTED. >> Chair Downs: I HAVE A MOTION BY COMMISSIONER RATLIFF WITH A SECOND BY COMMISSIONER BROUNOFF TO APPROVE ITEM 5 SUBJECT TO STAFF'S RECOMMENDATION. THANK YOU. PLEASE VOTE. MR. LISLE . THAT ITEM CARRIES 8-0. >> 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. 6. DISCUSSION AND ACTION - CALL FOR PUBLIC HEARING: REQUEST TO CALL A PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE TO ALLOW TEMPORARY EMERGENCY SHELTERS DURING LIFE-THREATENING WEATHER EVENTS APPLICANT: CITY OF PLANO. THIS IS FOR ADMINISTRATIVE CONSIDERA. GOOD EVENING, COMMISSIONERS. MY NAME IS CONNOR AND I'M A PLANNER HERE IN THE PLANNING DEPARTMENT. TONIGHT STAFF IS REQUESTING TO CALL A PUBLIC HEARING TO AMEND THE ZONING ORDINANCE TO ALLOW TEMPORARY EMERGENCY SHELTERS DURING LIFE-THREATENING WEATHER EVENTS. A LITTLE BIT OF BACKGROUND ON THIS. THE PLANO OVERNIGHT WARMING STATION OPERATES UNDER SPECIFIC-USE PERMIT NO. 90 FOR HOUSEHOLD CARE INSTITUTIONS, PASSED IN 2018 AND AMENDE IN 2020. THE SPECIFIC-USE PERMIT INCLUDES RESTRICTIONS ON THE NUMBER OF INDIVIDUALS THE WARMING STATION CAN SERVE AND RESTRICTIONS ON ITS OPERATING HOURS. IT HAS BEEN EXPRESSED TO STAFF THAT THE NEED HAS GROWN TO EXEND OPERATING HOURS DUE TO EXTREME WEATHER DURING THE DAY. PLEASE REFER TO EXHIBIT A IN YOUR PACKET FOR THE LETTER OF INTENT FROM THE SALVATION ARMY, WHO IS THE OPERATOR OF THE OVERNIGHT WARMING STATION. UNDER THE CURRENT REGULATIONS OF THE SPECIFIC-USE PERMIT, EMERGENCY OPERATIONS MAY BE FORCEDO TURN INDIVIDUALS AWAY OR BE NON-COMPLIANT WITH THE ZONING ORDINANCE. STAFF HAS ALSO RECEIVED INTEREST FROM OTHER RELIGIOUS FACILITIES AND NONPROFIT GROUPS TO OPERATE TEMPORARY EMERGENCY SHELTERS DURING THE INCLEMENT WEATHER. STAFF ARE PROPOSING AMENDMENTS TO THE ZONING ORDINANCE TO INCLUDE TEMPORARY EMERGENCY SHELTERS PERMITTED IN LIFE-THREATENING WEATHER EVENTS AS PART OF THE TEMPORARY ACCESSORY HOUSING SHELTER USE. STAFF RECOMMENDS A CALL FOR PUIC HRINGO AMEND THE ZONING ORDINANCE TO ALLOW TEMPORARY EMERGENCY SHELTERS DURING LIFE-THREATENING EVENTS. I'M AVAILABLE FOR ANY QUESTIONS. >> Chair Downs: THANK YOU VERY MUCH. TONIGHT WE'RE JUST CALLING A HEARING. WE'LL HAVE AN OPPORTUNITY TO HAVE DISCUSSION AROUND THIS TOPIC LATER. SO DO WE HAVE ANY QUESTIONS FOR STAFF ON THIS ITEM? MR. BRONSKY. >> Bronsky: CAN YOU TELL ME IS THE OUTREACH, AS IT'S RELATED TO US CALLING A PUBLIC HEARING GOING TO BE ANY DIFFERENT FOR THIS PARTICULAR ITEM THAN WE WOULD NORMALLY HAVE FOR A PUBLIC HEARING THAT WE'RE CALLING? ARE YOU LOOKING TO GET INPUT FROM PEOPLE AROUND SOME OF THE LOCATIONS THAT ARE SEEKING THIS? >> I THINK WE ARE. MS. SEBASTIAN. >> ACTUALLY, SO THE PROCESS WOULD BE THE SAME AS FOR ANY OTHER TEXT AMENDMENT. WE WOULD NOTIFY IN THE SAME WAY. WE'RE NOT PLANNING ANYTHING SPECIAL AT THIS TIME. >> Bronsky: ARE WE GOING TO HAVE A LIST OF THE LOCATIONS THAT ARE WANTING TO -- OR IS IT GOING TO BE OPEN TO ANYBODY? >> IT WOU BE OPEN TO ANYONE THAT WOULD MEET THE DEFINITION THAT WE END UP WITH, A DEFINITION AND STANDARDS THAT WE END UP WITH AT THE FINAL ZONING CASE. >> Bronsky: THANK YOU. >> Chair Downs: I THINK THAT WAS A GOOD, RELEVANT QUESTION REGARDING THE OUTREACH BECAUSE WE'RE GOING TO CALL A PUBLIC HEARING. MR. CARY. >> Cary: YES. SO MY QUESTION, IT DOESN'T SEEM LIKE IT NOW BUT WINTER IS NOT TOO FAR AWAY SO IT SEEMS TO MAKE SENSE BASED ON THE RECENT THINGS WE HAVE HAD HOW QUICKLY DO WE THINK THIS COULD BE PROCESSED? DO YOU GUYS HAVE ANY IDEA OF TIMELINE ON THIS? I'M JUST CURIOUS, DUE TO THE SEASON WE'RE IN RIGHT NOW. >> SO IF YOU RECALL, WITH THE LEGISLATIVE CHANGES THAT WE MADE IN THE PREVIOUS MEETINGS AND THAT COUNCIL JUST APPROVED, WE NO LONGER HAVE THE 36-DAY REQUIREMENT THAT WE USED TO HAVE AND THEREFORE WE CAN ACTUALLY MOVE THIS FORWARD EVEN QUICKER SO WE MAY BE ABLE TO GET IT BEFORE Y'ALL BY OCTOBER 2 AND I THINK APPROVED -- SEEN BY COUNCIL AT THE END OF OCTOBER. THAT WOULD BE THE EARLIEST THAT WE WOULD BE ABLE TO. >> Cary: GREAT. THANK YOU VERY MUCH. >> Chair Downs: MR. RATLIFF. >> Ratliff: JUST KIND OF A QUESTION OF WHAT WE'RE GOING TO BE TALKING ABOUT. ARE YOU TALKING ABOUT CHANGING THE DEFINITION OR CHANGING THE CATEGORIES UNDER WHICH IT'S ALLOWED OR BOTH? >> WE'RE STILL WORKING THROUGH& IT BUT CURRENTLY THE INTENTION IS TO KEEP THEATEGIES AS IS BUT REVISE THE DEFINITION AND ACTUALLY CREATE PROBABLY SOME USE-SPECIFIC STANDARDS THAT ALLOW FOR EMERGENCY OPERATIONS. YOU KNOW, MAYBE WHEN THE CITY MANAGER DIRECTS. BECAUSE OTHER FACILITIES ARE CLOSED. THAT'S PROBABLY THE BIGGEST ISSUE WE RUN INTO, LIKE THE LIBRARIES AND REC CENTERS ARE CLOSED DURING THE DAY AND THESE SHELTERS COULD FILL IN. SO BUT WE WOULD DO THAT IN BOTH THE DEFINITION AND THE USE-SPECIFIC STANDARDS THAT DON'T EXIST RIGHT NOW BUT WE WOULD DRAFT THOSE AS PART OF THE ZONING CASE. >> THANK YOU. >> Chair Downs: MR. BROUNOFF. >> Brounoff: THANK YOU, MR. CHAIRMAN. IF WE APPROVE THE REQUEST TO CALL A HEARING, WOULD YOU HAVE A PROPOSED ORDINANCE DRAFTED FOR US TO CONSIDER AT THE NEXT MEETING WHEN IT COMES BEFORE US? >> WE WOULD TYPICALLY HAVE THE PROPOSED ORDINANCE AT THE TIME OF THE PUBLIC HEARING BUT, YES, WE WOULD HAVE THAT LANGUAGE THEN. >> Brounoff: OKAY. VERY GOOD. THANK YOU. >> Chair Downs: OKAY. THANK YOU. THIS IS NOT AUBLIC HEARING. DO WE HAVE ANYBODY HERE THAT'S INDICATED -- >> NO, WE DO NOT. >> Chair Downs: GREAT. WITH THAT, MR. BRONSKY. >> Bronsky: I MOVE WE CALL A PUBLIC HEARING ON THIS ITEM. >> Chair Downs: OKAY. SO WE HAVE A MOTION BY COMMISSIONER BRONSKY TO CALL A PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE TO ALLOW TEMPORARY EMERGENCY SHELTERS DURING LIFE-THREATENING WEATHER EVENTS. AND WE HAVE A SECOND BY COMMISSIONER CARY. PLEASE VOTE. THAT ITEM CARRIES 8-0. THAT LEAVES ITEMS FOR FUTURE AGENDAS. ANYTHING FOR A FUTURE AGENDA? SEEING NONE, WE ARE ADJOURNED. OH, WHAT'S THAT? >> [OFF MIC] I WOULD LIKE TO ADD THIS CONVERSATION TO OUR NEXT SCHEDULED REGULAR MEETING, SPECIFICALLY THIS CONVERSATION WOULD REVIEW THE APPLICATION OF RESIDENTIAL ADJACENCY STANDARDS AS APPLIED IN ZONING CASE 2021-012 AND THE ADOPTION OF ORDINANCE NO. 2021-9-2 THIS REQUEST IS AN APPEAL UNDER SECTION 1.1100 INTERPRETATIONS WITHIN OUR ZONING ORDINANCE. >> Chair Downs: CAN YOU GIVE US SOME FEEDBACK ON THAT, MR. HILL? THAT SEEMS VERY SPECIFIC. >> RIGHT. I THINK IF WE'RE LOOKING AT A SPECIFIC ZONING CASE, THAT'S ALREADY SETTLED BUSINESS. IT'S BEEN APPROVED AND GONE THROUGH COUNCIL. IF YOU WANT TO LOOK AT ORDINANCE LANGUAGE, WE'RE HAPPY TO BRING THAT BEFORE YOU. I THINK REQUESTING IT ON THE NEXT AGENDA IS GOING TO BE VERY DIFFICULT AS WE'VE TALKED IN ORELIMINARYPEN MEETING, WE HAVE FOUR ZONING CASES ON THE NEXT AGENDA AS WELL AS A DISCUSSION ITEM. IF THE COMMISSION WISHES TO DISCUSS THE RESIDENTIAL ADJACENCY STANDARDS WE DO NEED A SECOND TO MR. LISLE'S REQUEST. WE'LL BE HAPPY TO PUT IT ON A FUTURE AGENDA FOR CONSIDERATION. I JUST CAN'T COMMIT TO A DATE AT THIS TIME. WE NEED TO SEE HOW WE FIT IT INTO OUR PRIORITIES. BUT IF THAT'S AN ITEM THE COMMISSION WISHES TO PRIORITIZE, WE WOULD BE HAPPY TO DO THAT. >> Chair Downs: I MEAN, IT'S SO SPECIFIC VERSUS BEING SOMETHING GENERAL AND THAT IS KIND OF HARD FOR ME TO SAY, YEAH, WE HAVE AN ISSUE THERE. I DON'T KNOW IF WE -- >> COMMISSIONER, DO YOU WANT BACKGROUND AT WHAT YOU'RE REQUESTING? >> Chair Downs: WHAT IS YOUR CONCERN ABOUT THE ADJACENCY STANDARDS THAT MEANS THAT WE NEED TO HAVE A DISCUSSION -- HAVE IT ON THE AGENDA AS A DISCUSSION ITEM? WHAT IS THE PROBLEM? >> Lisle: THERE AT THE END I SAID IT'S AN APPEAL UNDER 1.0110. I'M APPEAL THE DECISION IN HOW THESE RESIDENTIAL ADJACENCY STANDARDS WERE APPLIED TO THESE SPECIFIC ZONING CASES IN THIS ORDINANCE . I WANT TO USE THOSE SPECIFIC INSTANCES AS AN EXAMPLE AS WE LOOK AT THE RESIDENTIAL ADJACENCY STANDARD SO WE CAN MAKE SURE WE'RE BEING CONSISTENT IN HOW WE'RE APPLYING THEM, ESPECIALLY AS MANY TIMES AS THEY'VE COME BEFORE US. >> I THINK THE APPEAL -- FROM THE COMMISSIONER'S PERSPECTIVE, I THINK YOU WANT TO HAVE A DISCUSSION ABOUT OUR STANDARDS ARE WRITTEN AND IF THERE'S CLARITY OR INFORMATION THAT WE CAN PROVIDE TO YOU. THAT'S SOMETHING WE CAN DEFINITELY DISCUSS. I THINK THAT'S THE STARTING POINT IS IF YOU WOULD LIKE TO DISCUSS THE STANDARDS -- >> Chair Downs: I THINK THAT WOULD BE THE WAY TO DO THIS. >> IN THAT CASE, I'LL SECOND. >> Chair Downs: I WAS GOING TO SAY, I DON'T THINK WE NEED TO PUT A DEADLINE ON THIS BECAUSE IT'S NOT TIME SENSITIVE AND WE HAVE A LOT OF OTHER THINGS GOING ON. BUT IF THERE IS A REQUEST BY THE COMMISSION OR SOME COMMISSIONERS TO REVIEW OUR RESIDENTIAL ADJACENCY STANDARDS, I'M FINE WITH THAT. STAFF, AT SOME POINT IF YOU WANT TO BRING THAT. IT MAY BE AN UPDATE TO THE PLAN. >> WE ARE PLANNING ON UPDATING THAT WITH OUR ORDINANCE UPDATES AT-LARGE. HOWEVER, THAT WON'T OCCUR FOR A WHILE. SO IF THIS IS AN ITEM THAT YOU WOULD LIKE US TO GET TO MORE IMMEDIATELY, WE WOULD BE HAPPY TO PUT ON A DISCUSSION. IT PROBABLY WOULD BE AN OVERVIEW OF THESE ARE THE STANDARDS THAT WE HAVE. AND THEN KIND OF GETTING QUESTIONS AND FEEDBACK FROM THERE AS FAR AS ANY FUTURE CHANGES THAT ARE NEEDED. BUT I THINK THAT WOULD BE THE STARTING POINT. ISHAT YOUR >> Lle: YEAH, I DIDN'T MODIFY MY MOTION. >> Chair Downs: IT'S A REQUEST. >> Lisle: I BELIEVE IT WAS SECONDED. AS WE ARE HAVING THE DIA DIALOGUE , I WOULD SAY -- I WANTED TO RESPOND TO SOMETHING YOU JUST -- OH. I GUESS MY FEAR AND WHY I PUT SOMETHING IN THERE SPECIFIC IS THE LAST TIME I WANTED TO TALK ABOUT SOMETHING IT GOT STUCK ON PRELIMINARY OPEN MEETING AND SHUT DOWN AND WHAT I FELT LIKE WAS BEFORE WE REALLY GOT TO DISCUSS IT. THAT'S WHY I WANT TO PUT IT ON A REGAR MEETING WHERE WE CAN HAVE A REAL CONVERSATION ABOUT IT. >> Chair Downs: OKAY. SO WE HAVE A COUPLE OF COMMISSIONERS THAT WOULD LIKE TO DISCUSS OUR RESIDENTIAL ADJACENCY STANDARDS. LIKE I SAID, IT'S PART OF THE PROGRAM ALREADY, TO THE EXTENT WE HAVE SOMETHING COMING UP WHERE THIS MAY BE CRITICAL, THEN I WOULD SAY LET'S ACCELERATE. OTHERWISE, LET'S NOT SHUFFLE THINGS TOO MUCH BECAUSE WE DON'T HAVE A MAIN ISSUE RIGHT IN FRONT OF US. >> WE HAVE A WORK PROGRAM THAT WE'VE BROUGHT BEFORE YOU PREVIOUSLY SO WE'LL BRING BACK AN UPDATE TO OUR WORK PROGRAM AND WE CAN SEE IF THAT'S SOMETHING YOU WOULD LIKE TO PRIORITIZE AT THE MOMENT. >> WHAT BILL IS TALKING ABOUT, HIS CONCERN IS WITH CONSISTENCY. IF IN FACT THERE IS A CONCERN WE SHOULD DISCUSS IT SO WE CAN BE AS CONSISTENT IN APPLYING THINGS. >> WE ALSO NEED TO BE CLEAR OF WHAT THE COMMISSION'S ROLES AND RESPONSIBILITIES, YOU'RE REVIEWING ITEMS AND APPROVING ITEMS, THAT'S THE EXTENT. FOR CONSISTENCY OF ENFORCEMENT, TT FLSNDER OUR PROPERTY STANDARDS DIVISION SO THAT'S NOT SOMETHING YOU WOULD REVIEW . IF THE REGULATIONS THAT ARE WRITTEN NEED SOME IMPROVEMENTS OR CHANGES, THAT'S SOMETHING WE BRING BACK BEFORE YOU. >> OKAY. GREAT. THANKS. . >> Chair Downs: MR. BROUNOFF. >> Brounoff: I'M HAVING DIFFICULTY UNDERSTANDING WHAT THE UNDERLYING PROBLEM IS. I MEAN, THIS IS BEING THROWN AT ME WITHOUT ANY SORT OF CONTEXT THAT I'M UNDERSTANDING AND I'M WONDERING IF THIS ISN'T JUST A SOLUTION LOOKING FOR A PROBLEM. AND THINKIN BACK ON SOME PRIOR LEGAL EXPERIENCE OF MINE, WHICH I WON'T GO INTO IN DETAIL, THERE ARE CERTAIN PROPERTY USES THAT ENJOY CONSTITUTIONAL PROTECTION AND WHEN YOU START TALKING ABOUT RESIDENCY STANDARDS THAT HAVE THE POTENTIAL TO BAN THOSE USES ALL TOGETHER IF THOSE STANDARDS ARE TOO STRINGENT. WE MAY BE GETTING INTO A LOT OF LEGAL CONSIDERATIONS. >> Chair Downs: AGREED WITH THAT. I THINK COMMISSIONER LISLE'S CONCERN IS INTERPRETATION OF OUR EXISTINGTANDARDS MAYBE MORE SO THAN THE STANDARDS THEMSELVES. BUT I DON'T THINK YOU CAN HAVE ONE DISCUSSION WITHOUT HAVING THE OTHER. AND SINCE THAT'S ALREADY A PART OF THE WORK PROGRAM, IT'S REALLY MORE A QUESTION OF DO WE WANT TO JUGGLE OUR WORK PROGRAM IN ORDER TO ACCELERATE THE DISCUSSION. AND I'M NOT SURE THAT'S NECESSARY. TO MR. LISLE'S CONCERN IT IS GOING TO BE SOMETHING WE DISCUSS AT THIS DAIS SO WE WILL HAVE THE OPPORTUNITY TO HAVE THAT DISCUSSION. >> Lisle: I WOULD ADD, MR. BROUNOFF, ONE OF THE THINGS I FOUND DIFFICULT SITTING AT THE DAIS, I CAN'T CALL YOU AND HAVE A CONVERSATION. LIKE, OUR CONVERSATIONS ARE SUPPOSED TO HAPPEN HERE PUBLICLY. SO WHILE THE TRANSACTION SOMETIMES IS A LITTLE AWKWARD AND FEELS LIKE A SURPRISE, THIS IS WHAT THE LAW HAS US DO IS TO BRING IT HERE PUBLICLY. I'M NOT TRYING TO SPRING ANYTHING ON ANYBODY BUT I THINK THIS IS SOMETHING THAT IS WORTH TALKING ABOUT. >> Chair Downs: OKAY. WELL, IT'S GOING TO HAPPEN. ALL RIGHT. ANYTHING ELSE? ALL RIGHT. WE ARE ADJOURNED AT 7:23. [MEETING ADJOURNED]