Planning and Zoning Commission Open Meeting - June 20, 2022

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JUNE 20, 2022. PLANO PLANNING AND ZONING COMMISSION >> Chair Downs: THANKS FOR JOINING US TONIGHT FOR OUR JUNE 20th P&Z MEETING IS NOW CALLED TO ORDER AT 7:01. PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE. [PLEDGE OF ALLEGIANCE] >> COMMENTS OF PUBLIC INTEREST THIS PORON OF THE MEETINIS TO ALL UP 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: DO WE HAVE ANY SPEAKERS? >> NO, WE DO NOT. >> Chair Downs: THANK YOU. LET'S MOVE TO CONSENT. >> CONSENT AGENDA. THE CONSENT AGENDA WILL BE ACTED UPON IN ONE MOTIONND CONTAINS EMS 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 ANYONE WANT TO REMOVE AN ITEM FROM THE CONSENT AGENDA? OKAY. >> MR. CHAIRMAN, I MOVE THAT WE APPROVE THE CONSENT AGENDA AS SUBMITTED. >> SECOND. >> Chair Downs: I HAVE A MOTION BY COMMISSIONER HORNE WITH A SECOND BY COMMISSIONER BRONSKY TO APPROVE THE CONSENT AGENDA. PLEASE CAST YOUR VOTE . THAT ITEM CARRIES 7-0. PLEASE NOTE THAT COMMISSIONER TONG WAS NOT ABLE TO JOIN US THIS EVENING. >> PUBLIC HEARING ITEMS, UNLESS INSTRUCTED OTHERWISE BY THE CHAIR, SPEAKERS WILL BE CALLED IN ORDER REGISTRATIONS ARE RECEIVED.& APPLICANTS ARE LIMITED TO 15 MINUTES OF PRESENTATION TIME WITH A FIVE-MINUTE REBUTTAL IF NEEDED. REMAINING SPEAKERS ARE LIMITED TO 30 MINUTES TOTAL OF TESTIMONY TIME WITH THREE MINUTES ASSIGNED PER SPEAKER. THE PRESIDING OFFICER MAY MODIFY THESE TIMES AS DEEMED NECESSARY. ADMINISTRATION CONSIDERATION ITEMS MUST BE APPROVED IF THEY MEET CITY DEVELOPMENT REGULATIONS LEGISLATIVE CONSIDERATION ITEMS ARE MORE DISCRETIONARY EXCEPT AS CONSTRAINED BY LEGAL CONSIDERATIONS. AGENDA ITEM NO. 1A. PUBLIC HEA ZONING CASE 2022-007 - REQUEST FOR A SPECIFIC USE PERMIT FOR INDEPENDT LIVING FACILITY ON 6.6 ACRES LOCATED ON THE NORTH SIDE OF PLANO PARKWAY, 420 FEET WEST OF DALLAS NORTH TOLLW ZONED REGIONAL COMMERCIAL AND LOCATED WITHIN THE DALLAS NORTH TOLLWAY OVERLAY DISTRICT. AGENDA ITEM NO. 1B. PUBLIC HEARING - CONCEPT PLAN: CMS ADDITION, BLOCK A, LOTS 2, 3, AND 4 - INDEPENDENT LIVING FACILITY ON LOT 2, HOTEL ON LOT 3 AND RESTAURANTS ON LOT 4 ON 14.1 ACRES LOCATED AT TH NORTHWEST CORNER OF DALLAS NORT TOLLWAY AND PLANO PARKWAY. ZONED REGIONAL COMMERCIAL AND LOCATED WITHIN THE DALLAS NORTH TOLLWAY OVERLAY DISTRICT. APPLICANT: KREYMER INVESTMENTS, LTD. AND MARIPOSA PLANO PARKWAY ADMINISTRATIVE CONSIDERATION. >> Chair Downs: THANK YOU. >> GOOD EVENING, EVERYONE. MY NAME IS KOTCHE COPELAND AND I'M THE SENIOR PLANNER WITH THE PLANNING DEPARTMENT. THIS REQUEST IS FOR A SPECIFIC-USE PERMIT FOR AN INDEPENDENT LIVING FACILITY ON 6.6 ACRES OF VACANT LAND. THE PROPERTY TO THE NORTH IS ZONED REGIONAL COMMERCIAL AND PLANNED DEVELOPMENT 220 REGIONAL COMMERCIAL AND IS DEVELOPED WITH MINI WAREHOUSE, PUBLIC STORAGE, AND PROFESSIONAL ADMINISTRATIVE GENERAL OFFICES. IMMEDIATELY TO THE EAST IS VACANT LAND ZONED REGIONAL COMMERCIAL AND IS PART OF THE COMPANION CONCEPT PLAN. FURTHER EAST ACROSS THE DALLAS NORTH TOLLWAY THE PROPERTY IS UNDEVELOPED AND IS ZONED PLANNED DEVELMENT 200 REGIONAL EMPLOYMENT. ACROSS PLANO PARKWAY THE PROPERTY IS ZONED LIGHT INDUSTRIAL 1 AND IS DEVELOPED WITH PROFESSIONAL GENERAL ADMINISTRATIVE OFFICES. AND TO THE WEST THE PROPERTY IS ZONED REGIONAL COMMERCIAL AND IS DEVELOPED WITH PROFESSIONAL GENERAL ADMINISTRATIVE OFFICES. SHOWN ON THE SCREEN IS THE COMPANION CONCEPT PLAN WHERE YOU CAN SEE THE PROPOSED INDEPENDENT LIVING FACILITY, HOTEL, AND RESTAURANTS. THE SUBJECT PROPERTY IS DESIGNATED EXPRESSWAY CORRIDOR ON THE FUTURE LAND USE MAP. DEVELOPMENT IN THIS CATEGORY IS TO INCLUDE A MIX OF RETAIL, SERVICE OFFICE RESTAURANT MEDICAL HOTEL AND TECHNOLOGY-BASED USES. STATING THAT, RESIDENTIAL DEVELOPMENTSHOULD BE CONSIDERED IN LIMITED CIRCUMSTANCES WHERE NEEDED TO REVITALIZE DECLINING COMMERCIAL CENTERS. THE PROPERTY IS CLASSIFIED AS UNDEVELOPED EMPLOYMENT IN THE LAND USE AND HOUSING INVENTORY. THE REQUEST DOES NOT CONFORM TO THE MIX OF USES SECTION IN THE EXPRESSWAY CORRIDO DASHBOARD BECAUSE THE PERCENTAGE OF MULTIFAMILY HAS ALREADY BEEN MET AT 100%. STAFF ANALYZED THE PROPOSAL WITH THE COMPANION CONCEPT PLAN FOR CONFORMANCE WITH THE DESIRABLE CHARACTER-DEFINING ELEMENTS IN THE EXPRESSWAY CORRIDOR'S DASHBOARD AND THE PROPOSAL MEETS ALL BY INTENSITY AND MICRO MOBILITY. THE PROPERTY IS PARTIALLY LOCATED WITN THE EXPRESSWAY CORRIDOR ENVIRONMENTAL HEALTH AREA 1, ALSO KNOWN AS EHA, THAT IS OUTLINED IN RED ON THE SCREEN. THE PURPOSE OF THE EHA IS TO PROTECT SENSITIVE LAND USES BY REQUIRING MITIGATING MEASURES FROM THE IMPACTS OF THE EXPRESSWAY INCLUDING REDUCING NOISE LEVELS BELOW 65 DBA. THE APPLICANT SUBMITTED AN EHA SITE ANALYSIS WITH MITIGATING MEASURES AND THE SITE WOULD EXCEED THE RECOMMENDED NOISE LEVELS. OVERALL, THIS REQUEST IS DISFAVORED DUE TO THE LACK OF CONFORMITY WITH THE EXPRESSWAY CORRIDORS DASHBOARD AND IT SHOULD BE DELIBERATED AND JUSTIFIED BY FINDINGS . FINALLY, THE IMAGE ON THE SCREEN SHOWERS THE SUMMARY OF THE ADOPTED POLICIES AND STUDIES STAFF ANALYZED AND THERE IS SUPPORT FOR ADDITIONAL HOUSING FOR SENIORS . INDEPENDENT LIVING FACILITIES ARE A PART OF THE INSTITUTIONAL USE CATEGORY WITHINRTICLE 14 OF THE ZONING ORDINANCE THEY PROVIDE SED FUNCTION AS HOUSING TO RESIDENTS. AND SINCE THEY ARE HOUSING, CAREFUL CONSIDERATION IN REGARDS TO THE LOCATION OF THIS USE SHOULD BE REVIEWED. THE APPLICANT IS PROPOSING FIVE SUP RESTRICTIONS THAT ARE SHOWN ON THE SCREEN. THE CITY HAS ESTABLISHED MITIGATION STRATEGIES THAT INCLUDE BUILDING LOCATION AND MATERIALS, OPEN SPACE, BALCONY, AND AIR QUALITY. THE APPLICA HAS PROVIDED SUP STIPULATIONS FOR THEIR INTERIOR BUILDING MATERIALS AND EAST SIDE-FACING BALCONIES. THESE MEASURES WILL PROVIDE SOME PROTECTION FOR FUTURE RESIDENTS BUT SIGNIFICANT PORTIONS OF THE PROPERTY REMAIN AND WILL EXCEED THE RECOMMENDED NOISE LEVELS. STAFF RECEIVED ZERO RESPONSES WITHIN 200 FEET OF THE REQUEST. AND STAFF RECEIVED A TOTAL OF 30 ONLIN RESPONSES BY NOO O FRIDAY JUNE 17th. THE MAP ON THE SCREEN REFLECTS THOSE NUMBERS. WHEN THIS PRESENTATION WAS SUBMITTED TO PLANO TV, THERE WERE A TOTAL OF 42 ONLINE RESPONSES, 24 IN FAVOR, TWO NEUTRAL, AND 16 IN OPPOSITION. AS OF 3:00 P.M. TODAY WE RECEIVED TWO ADDITIONAL ONLINE RESPONSES, ONE IN SUPPORT AND ONE IN OPPOSITION BRINGING THE TOTAL ONLINE RESPONSE COUNT TO 44. TO CONCLUDE, THE APPLICANT IS REQUESTING A SPECIFIC-USE PERMIT FOR AN INDEPENDENT LIVING FACILITY AND ALTHOUGH STAFF RECOGNIZES SENIOR HOUSING IS NEEDED IN THE COMMUNITY, THIS REQUEST IS DISFAVORED DUE TO THE LACK OF CONFORMITY WITH THE MIX OF USES WITHIN THE EXPRESSWAY CORRIDOR DASHBOARD WITHIN THE COMPREHENSIVE PLAN. ADDITIONALLY, IT DOES NOT FULLY MEET OTHER DESIRABLE CHARACTER-DEFINING ELEMENTS AND IS LOCATED WITHIN THE EHA1 BOUNDARY. THAT CONCLUDES MY PRESENTATION AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS. >> Chair Downs: THANK YOU VERY MUCH. OKAY. COMMISSIONERS. TECHNICAL QUESTIONS FOR STAFF ON ITEM 1A? >> I DO HAVE ONE. THANK YOU. GREAT PRESENTATION. I NOTICED AS I WAS REVIEWING THIS THEY WERE SAYING THERE WAS WALKABILITY HERE WITHIN THIS DEVELOPMENT HERE. FOR CLARIFICATION, CAN YOU DEFINE WHAT WALKABILITY IS? >> WALKABILITY IS BEING ABLE TO WALK TO ADJACENT SITES AND WITH THIS REQUEST THEY CAN USE THE SIDEWALKS TO WALK ALONG PLANO PARKWAY, WALK ACROSS PLANO PARKWAY AT A STOPLIGHT. >> WOULD YOU CONSIDER FURTHERMORE THAT WALKABILITY CONSIDERS DESTINATIONS OF WHERE THE PEOPLE ARE GOING TO WALK? >> YES. >> I MEAN, BESIDES JUST WALKING ON PLANO PARKWAY, WOULD YOU BE WILLING TO WALK TO RESTAURANTS, WALK TO RECREATIONAL FACILITIES, WALK TO MEDICA CENTERS, CLINICS, STUFF LIKE THAT. WOULD YOU CONSIDER THAT PART OF THE WALKABILITY DEFINITION? >> YES. >> Chair Downs: MR. HILL. >> THANK YOU. I THINK THE GOAL OF THAT STANDARD OR THA AESTHETIC IS KIND OF PLEASING AND VERY WELL SUPPORTED WALKING EFFORT. YOU KNOW ANYBODY CAN WALK ON THE SIDE OF A ROAD, YOU KNOW, YOU CAN CREATE A LITTLE TRAIL ON YOUR OWN BUT I THINK THE GOAL OF THAT -- PURPOSE OF THAT STANDARD IS REALLY THE ENVIRONMENT AND IS THE DEVELOPMENT CREATING GOOD, ACCEPTABLE, PLEASING WALKWAYS AND AMENITIES TO SUPPORT WALKABILITY. SO TREES, GOOD SEWALKS, ARE THERE DESTINATIONS IN THE AREA? I THINK WHEN WE LOOK AT WALKABILITY IT'S REALLY WHAT IS THE PURPOSE OF THAT? ARE THEY GOING SOMEWHERE? ARE THEY REALLY CONTRIBUTING TO THE PEDESTRIAN STANDARD THAT THE CITY IS GOING FOR. AND I THINK THAT'S THE QUESTION. >> Chair Downs: COMMISSIONER OLLEY. >> Olley: QUESTION ON THE NOISE LEVELS, THE 65 AND 71. THAT'S JUST A FLAT THRESHOLD, REGARDLESS OF WHAT TIME. >> THE EHA LIKES THE NOISE LEVELS TO BE AT OR BELOW 65 DBA. >> Olley: REGARDLESS OF THE TIME OF DAY. IF IT'S 64 AT 2:00 A.M. IS THAT WITHIN THE STANDARDS OF THE EHA? >> MR. BELL, DO YOU HAVE INSIGHT ON THAT? >> I CAN PROVIDE SOME INFORMATION ON THAT. IT'S A 24-HOUR LEVEL SO DBA LDN -- SOMETIMES SEBASTIAN IS BETTER AT EXPLAINING IT BUT YOU RECEIVE A PENALTY FOR NIGHT NOISE BUT IT'S MEASURED IN A 24-HOUR TIME-FRAME AND THE NIGHT NOISE IS ESPECIALLY IMPORTANT BECAUSE PEOPLE SLEEPING -- IT'S VERY IMPORTANT FOR HEALTH REASONS. >> Olley: MAKES SENSE. AND THE ONLY REASON WHY I ASKED THAT, I ACTUALLY USED AN APP ON MY PHONE TO TRY TO MEASURE FOR MYSELF AT 9:00 P.M. ON A SUNDAY AND IT WA AVERAGING AT ABOUT 67. I WAS JUSTRYI TO FIGURE OUT IF THERE'S SOME EXTRA BIAS TOWARDS MAKING SURE IT'S QUIETER AT NIGHT, LIKE YOU SAID. THE MITIGATION EFFORTS THE CITY PROPOSED TO THE APPLICANT. CAN YOU EXPAND ON THAT A BIT? WHAT EXACTLY DID WE PROPOSE AND WHAT DID THEY END UP DOING? >> SURE. WE SUGGESTED THAT THEY SHIFT THE BUILDING FURTHER WEST, ALLOWING THE BUILDING TO BE OUTSIDE OF THE EHA BOUNDARY AS MUCH AS IT POSSIBLY COULD, WHICH WOULD GET IT FURTHER AWAY FROM THE DALLAS NORTH TOLLWAY. >> Olley: OKAY. >> ADDITIONALLY WE STARTED DISCUSSING BALCONIES AND SCREENING METHODS. MAINLY FOCUSING ON GETTING THE BUILDING OUTSIDE OF THAT EHA1 BOUNDARY. >> Olley: SO PUSHING IT AS CLOSE TO THE BARRIER LINE AS POSSIBLE. >> YES. >> Olley: AND THE APPLICANT WAS NOT WILLING TO? >> THEY REMAINED -- THEY KEPT LOCATION.ING IN THE SAME >> Olley: OKAY. THANKOU. >> Chair Downs: COMMISSIONER BRONSKY. >> Bronsky: TWO QUESTIONS. I JUST WANT TO, FOR CLARITY'S SAKE, I THINK I HAVE ALREADY CLEARED IT UP. THIS IS IN FACT A LEGISLATIVE CONSIDERATION AS OPPOSED TO AN ADMINISTRATIVE CONSIDERATION. >> Chair Downs: ITEM 1A IS LEGISLATIVE. >> Bronsky: OKAY. NUMBER TWO, WHEN I THINK ABOUT THE WALKABILITY THAT MR. HILL WAS TALKING ABOUT, ARE THERE GOING TO BE -- IS THERE GOING TO BE AN ADDITIONAL STOPLIGHT SOMEWHERE AROUND HERE? BECAUSE AS I DROVE THIS TODAY THE ONLY LIGHT THAT FOUND THAT SOMEONE MAY BE ABLE TO CROSS PLANO PARKWAY IS THE ONE AT PLANO PARKWAY AND THE SOUTHBOUND DALLAS NORTH TOLLWAY. IS THERE GOING TO BE ANYTHING ADDITIONAL PUT IN HERE FOR -- BECAUSE THAT WOULD SEEM TO ME, ESPECIALLY IF I'M LIVING IN THE FAR NORTHWEST CORNER AND WANTING TO CROSS, IT WOULD SEEM LIKE A LONG WALK. >> THAT'S A GREAT QUESTION. I WOULDN'T KNOW THAT BUT I CAN DEFINITELY FIND OUT FOR YOU. >> SO INSTALLING A STOPLIGHT, THE TRAFFIC HAS T WARRANT STOPLIGHT THERE. THIS DEVELOPNT WOULD NOT CREATE THE TRAFFIC THRESHOLD JUST ALONE. I KNOW THAT WE HAVE LOOKED AT SOME OPPORTUNITIES FOR A LIGHT OVER AT THE INTERNATIONAL INTERSECTION. I'M NOT SURE WHAT'S GOING TO HAPPEN OVER THERE BUT I THINK THEY'RE LOOKING AT OPTIONS BUT IN REGARDS TO THIS DEVELOPMENT SPECIFICALLY, THIS WOULD NOT WARRANT AN ADDITIONAL LIGHT. >> Bronsky: THANK YOU. >> Chair Downs: COMMISSIONER CARY. >> Cary: GOOD PRESENTATION. VERY COMPREHENSIVE. I WANT TO ASK A LITTLE BIT ABOUT THE NOI. AND MAYBE YOU WON'T KNOW THIS BUT RECENTLY WE HAD ANOTHER DEVELOPMENT THAT WAS, IN MY OPINION, THE BUILDING SITUATED CLOSER TO A PRETTY HEAVY HIGHWAY AND THE DEVELOPER WAS ABLE TO CONVINCE US THAT HE COULD MITIGATE THAT NOISE TO ACCEPTABLE LEVELS. AND SO I GUESS MY QUESTION IS IS THE REASON THAT THAT'S NOT ABLE TO HAPPEN HERE BECAUSE IT'S NOT POSSIBLE, WHICH WOULD SEEM UNUSUAL VERSUS A PROJECT WE RECENTLY APPROVED. OR IS IT THAT THEY WEREN'T WILLING? I'M JUST TRYING TO EDUCATE MYSELF ON SOME OF THESE THINGS. >> ASKING THE APPLICANT, THE REASON FOR THE SITUATION OFúTHET OF IT, WHY THERE WASN'T ADDITIONAL SCREENING METHODS TO ALLEVIATE SOME OF THAT NOISE WOULD BE GREAT FOR THEM AND THEY ARE HERE TONIGHT. >> Cary: YEAH, BECAUSE WHAT I REMEMBER -- AND MAYBE IMPROPERLY -- WAS IT WASN'T SCREENG. IT HAD TO DO WITH THE CONSTRUCTION OF THE BUILDINGS THAT WAS GOING TO MITIGE THE NOISE AND EVERYBODY WAS PRETTY CONFIDENT THAT WOULD HAPPEN. SO I GUESS I'M JUST CURIOUS ABOUT THAT BECAUSE WHILE THERE ARE I THINK A NUMBER OF CHALLENGES TO THIS PROPOSAL, THAT ONE SEEMS TO BE ABLE TO BE FIXED BASED ON A RECENT CASE. AND THAT'S WHAT I'M TRYING TO LEARN. >> Chair Downs: THANK YOU. >> Cary: THANKS. >> Chair Downs: COMMISSIONER RATLIFF. >> Ratliff: QUESTION ABOUT THE NOISE STUDY AS WELL. I APPRECIATE THE AVERAGE AS PART OF THE NOISE STUDY BUT WHEN I LOOK INTO THE ACTUAL DETAILS OF THE NOISE STUDY THERE'S A TRAIN TRACK NEAR THERE SOMEWRE, NOT SURE IF BASED ON DRIVING THE SITE. THE PROBLEM I'VE GOT WITH THAT IS THAT APPARENTLY A TRAIN GOES BY ABOUT MIDNIGHT TO 1:00 A.M. SOMEWHERE ABOUT HALF THE TIME AND THE DECIBELS PEAK OUT AT A LITTLE OVER 90. I WOULD BE INTERESTED TO KNOW WHAT MITIGATION MEASURES WOULD BE PUT IN PLACE TO MITIGATE THE SOUND OF A TRAIN HORN AT MIDNIGHT. >> Chair Downs: TRAIN HORN? >> Ratliff: THAT'S OBVIOUSLY WHAT IT IS. 90ECIBELS A MIDNIGHT IS GOING TO BE PRETTY HARD TO SLEEP THROUGH. >> Chair Downs: ALL RIGHT. WAS THAT A RHETORICAL QUESTION? >> Ratliff: THAT'S A QUESTION ABOUT IS THAT CONSIDERED IN THE MITIGATION OR ARE WE JUST LOOKING AT THE AVERAGES? >> I BELIEVE THE AVERAGES IS WHAT WE'RE LOOKING AT WHEN WE ANALYZE THE REQUEST THAT'S IN THE EHA BOUNDARY. >> Ratliff: THAT WAS A SERIOUS QUESTION. THANK YOU. >> Chair Downs: OKAY. COMMISSIONER OLLEY. >> Olley: JUST ONE MORE. >> Chair Downs: WE'LL LET YOU GO IN A MINUTE, I PROMISE. >> Olley: I DON'T THINK WE DID -- THE CITY DIDN'T DO ITS OWN NOISE ANALYSIS SO THERE'S NO WAY WE COULD TELL IF THE APPLICANT FULLY ADOPTED THE CITY'S MITIGATION PROCEDURES, HOW MUCH MORE OF THAT NOISE REDUCTION WOULD ACTUALLY HAPPEN VERSUS WHAT IT IS GIVEN. >> RIGHT. WE HAVE THE STUDY THAT THEY PREPARED. WE DID REVIEW I OUR ENVIRONMENTAL HEALTH STAFF REVIEWED IT AS WELL SO MULTIPLE STAFF MEMBERS DID TAKE A LOOK AT IT. WE HAVE BEEN DISCUSSING WITH THE APPLICANT VARIOUS MITIGATION METHODS INCLUDING MOVING THE BUILDING, PLACING OTHER BUILDINGS IN FRONT OF IT. THERE WERE SOME OTHER STANDARDS, AS COMMISSIONER CARY REFERRED TO IN ANOTHER ZONING CASE SUCH AS AIR FILTRATION SYSTEMS, THINGS LIKE THAT THAT WE DISCUSSED BUT THIS IS THE REQUEST THAT IS BEFORE YOU TONIGHT. >> Chair Downs: OKAY. ARE WE GOOD? THANK YOU SO MUCH. IT FELT A LITTLE BIT LIKE THE HOT SEAT THERE. OKAY. WE WILL OPEN THE PUBLIC HEARING. >> WE HAVE BOTH APPLICANTS SHANE JORDAN AND ZACHARY CONCHAGAL. >> GOOD EVENING. ZACHARY AND I'M A RESENT OF FAR NORTH DALLAS, ABOUT TEN MINUTES AWAY FROM THIS SITE . ONE OF THE DEVELOPMENT TEAM. I'M GOING TO GET RIGHT TO IT BUT AT THE END I CAN ANSWER ALL OF THOSE NOISE QUESTIONS BECAUSE I KNOW THERE WERE A LOT OF THEM AND WE CAN DEFINITELY GET BACK TO THAT AND I'M LOOKING FORWARD TO KIND OF ALLEVIATING SOME OF THOSE CONCERNS. JUST TO GIVE YOU A COMPANY OVERVIEW, WE ARE OVER 20-YEAR-OLD COMPANY THAT HAS 4500 UNITS OF AFFORDABLE HOUSING THROUGHOUT THE STATE OF TEXAS. WE OWN, ORATE, DEVELOP, BUIL ALL OF OUR OWN PROPERTIES AND HAVE LONG-TERM OWNERSHIP. NO PROPERTIES HAVE EVER BEEN SOLD BECAUSE THIS IS AFFORDABLE HOUSING. THAT'S A REALLY BIG COMPONENT IS, YOU KNOW, KEEPING UP WITH AFFORDABILITY, KEEPING THAT OWNERSHIP THROUGH THE LIFE OF THE AFFORDABILITY PROCESS. SO WE'RE A LONG-TERM OWNER AS AS YOU CAN SEE WE'RE THROUGHOUT TEXAS. WE ALSO PARTNER WITH APARTMENT LIFE, WHICH IS A NONPROFIT THAT -- WE'RE NOT ASKING FOR A TAX EXEMPTION, I WANT TO POINT THAT OUT BUT IT'S A NONPROFIT THAT REALLYOES INTO EACH APARTMENT COMPLEX. WE HAVE PEOPLE THAT LIVE THERE AS PART OF THIS NONPROFIT AND MAKE SURE THE COMMUNITY RESIDENTS FEEL WELCOME. THEY DO SOCIAL ACTIVITIES AND THEY MAKE SURE THAT THE RESIDENT HAS A GREAT EXPERIENCE AS A RESIDENT AND THAT'S EXTREMELY IMPORTANT FOR A SENIOR LIVING COMMUNITY ESPECIALLY WHEN PEOPLE MIGHT BE TRANSITIONING AT DIFFERENT POINTS IN THEIR LIFE, TO HAVE A WELCOMING COMMUNITY AND HAVE RESIDENTS, NOT JUST PEOPLE, LIKE A APARTMENT MANAGER, IN THE COMMUNITY TO MAKE PEOPLE FEEL AT HOME AND FEEL WELCOME. THIS IS OUR LOCATION AND THEN HERE'SN AERL OF THAT LOCATION AS WELL. IT'S A PIECE OF VACANT LAND THAT HAS BEEN VACANT FOR A VERY LONG TIME AND WE ARE LOOKING FORWARD TO THE OPPORTUNITY TO DEVELOP IT. WE ARE PROPOSING A 200-UNIT CLASS A COMMUNITY FOR ACTIVE ADULTS. WE HAVE EVERY COMMUNITY AMENITY THAT YOU WOULD SEE IN A CLASS A PROPERTY. A POOL, FITNESS CENTER, BUSINESS CENTER, A HAIR SALON, AN ACTIVITY ROOM, AND LEASING OFFICES. BECAUSE WE'RE ALSO AN AFFORDABLE HOUSING DEVELOPER, WE HAVE, YOU KNOW, SOME THINGS THAT ARE ABOVE AND BEYOND THAT ARE SOCIAL SERVICES SUCH AS EXERCISE CLASSES, ARTS AND CRAFTS, POTLUCK DINNERS. WE DO SOME ANNUAL INCOME TAX PREPARATION FOR SENIORS. WE DO A HEALTH FAIR THAT MAKES PEOPLE ARE GETTING LOOKED AT ONCE EVERY YEAR OR TWICE A YEAR. AND THEN THAT CARES TEAM FROM APARTMENT LIFE IS LIVING ON SITE. THE BREAKDOWN OF THIS PROPERTY IS 200 UNITS WITH 125 AFFORDABLE UNITS AND 75 MARKET-RATE UNITS. THAT WAS ACTUALLY A BIG PART POLICY THAT S PASSED BY THE PLANO CITY COUNCIL WAS TO HAVE A VERY STRONG SECTION OF MARKET-RATE UNITS IN ANYTHING THAT WAS PROPOSING AFFORDABLE AND THAT'S SOMETHING THAT OUR COMPANY DOES PROBABLY MORE SO THAN ANY OTHER AFFORDABLE DEVELOPER IN THE STATE. YOU'RE SEEING ABOUT 38% OF MARKET RATE UNRESTRICTED UNITS AND THAT'S REALLY IMPORTANT BECAUSE WE BELIEVE IN A TRUE MIXED-INCOME COMMUNITY THAT SERVICES THE ENTIRE COMMUNITY, NOT JUST PEOPLE THAT HAVE FIXED INCOMES, AND THAT'S WHAT SENIOR AFFORDABLE HOUSING IS REALLY CATERING TO IS A LOT OF PEOPLE ON A PENSION THAT ARE ON A FIXED INCOME. SO WE HAVE A FULL MIX OF THE ABILITY FOR ANYBODY WHO IS ON A FIXED INCOME OR ANYBODY ELSE TO LIVE IN THIS PROPERTY. SO THIS IS THE RENDERING YOU'LL SEE AND IT'S ACTUALLY KIND OF FROM THE PATIO OF ONE OF THE PROPOSED RESTAURANTS IN THE CONCEPT PLAN. AND IN TALKING ABOUT WALKABILITY, ONE OF THE THINGS THAT WE PROPOSED IN THIS CONCEPT PLAN IS ACTUALLY A WALKING PATH THAT GOES THROUGHOUE CIRCUMFERENCE OF THE PROPERTY. FOR SENIORS THAT'S A GREAT THING TO BE ABLE TO WALK. YOU KNOW, WHILE WE'RE LOOKING AT THIS CONCEPT PLAN, THIS IS KIND OF RELATED TO THE EHA AND WHY WE DIDN'T MOVE OUR BUILDING. SO WHEN YOU TALK ABOUT THE EHA YOU'RE TALKING ABOUT SENSITIVE OUTDOOR USES. YOU CAN SEE THE POOL IS BEING SHIELDED BY THE BUILDING. YOU CAN SEE SOME GREEN SPACE ON THE LEFT-HAND-SIDE ON THE WESTERN SIDE OF THE PROPERTY BEING SHIELDED BY THE BUILDING AS WELL. THERE'S A DOG PARK THERE. THAT'S PART OF THE REASON WE DIDN'T MOVE OUR BUILDING. WE COULD HAVE MOVED THIS BUILDING ALL THEAY T THE WESTERN BOUNDAR AND GOTTEN OUT OF THE EHA AND NOT HAD TO HAVE THAT EVALUATION, NOT HAD TO GO THROUGH ALL OF THOSE STEPS. HOWEVER, WE FELT THAT IF WE DID THAT IT WOULD REALLY COMPROMISE THE SITE BECAUSE THEN ALL OF THE PARKING WOULD BE RIGHT IN THE MIDDLE OF THE SITE AND THERE WOULDN'T BE PARKING ON BOTH SIDES. SO RIGHT NOW YOU CAN SEE THERE'S PARKING ON BOTH SIDES OF OUR BUILDING AND THAT REALLY GIVES SENIORS A MUCH BETTER ACCESS POINT IF THEIR UNIT IS ON ONE SIDE OF THE BUILDING THAN IF YOU HAD ALL OF THE PARKING ON ONE SIDE OF THE BUILDING IN THE MIDDLE OF THE SITE, THEN SENIORS ARE GOING TO HAVE TO WALK THROUGH A LARGE PARKING LOT TO GET TO THEIR UNITS AND MAYBE EVEN WALK THROUGH MOST OF THE BUILDING TO GET TO THEIR UNITS. SO WE FELT IT WAS REALLY IMPORTANT TO KIND OF KEEP THIS BUILDING AND TO KEEP THIS SCHEME SO THAT THERE WAS A WALKABILITY, THERE WAS PARKING ON BOTH SIDES OF THE BUILDING VERSUS PUSHING IT ALL THE WAY TO ONE SIDE AND HAVING KIND OF A SEA OF PARKING IN THE MIDDLE. WE ALSO FELT THAT THAT WOULD REALLY COMPROMISE THE OTHER USES AND THE ATTRACTIVENESS OF THIS AS A MIXED-USE DEVELOPMENT SO THAT'S KIND OF OUR THINKING THERE. ITASN'T THAT WE WERE OOSED TOT BECAUSE WE DIDN'T WANT TO MITIGATE FOR SOUND. WE THOUGHT THAT HAVING THE PARKING THROUGHOUT THE ENTIRE SITE AND THE ABILITY FOR SENIORS TO PARK ON BOTH SIDES OF THE PROPERTY AND TO CREATE AN INTERNAL FOCUSED KIND OF WALKING ABILITY TO GET TO THOSE OTHER USES WITHOUT HAVING TO WALK THROUGH A REALLY LARGE PARKING LOT WOULD BE MORE IMPORTANT THAN TO PUSH THE BUILDING ALL THE WAY TO ONE SIDE. THESE ARE JUST EXISTING PROPERTY PICTURES OF SENIOR DEVELOPMENTS THROUGHOUT TEXAS. YOU CAN SEE WE DO A REAY NICE PORTE COCHERE, GREAT SITTING AREAS, A SALON FOR THE SENIORS AS WELL, AND EVERY PROPERTY HAS A REALLY WELL AMENITIZED POOL. THESE ARE MORE KIND OF COMMON AREAS. AND THE COMMON AREAS ARE REALLY IMPORTANT FOR SENIOR PROPERTIES BECAUSE THAT'S WHERE PEOPLE GATHER. AND THAT'S WHERE PEOPLE REALLY COME TO CONGREGATE AND TO CREATE A SENSE OF COMMUNITY AND A SENSE OF WELCOMENESS. THESE ARE JUST SOME EXAMPLE FLOOR PLANS. WE REALLY HAVE EXTREMELY SPACIOUS FLOOR PLANS IN TERMS OF SENIOR LIVING. THE AVERAGE FLOOR PLAN ON THIS PROPERTY ISCTUAY 853 SQUARE FEET BETWEEN ONE AND TWO-BEDROOM APARTMENTS. NOW, I KNOW THAT THIS IS A DISFAVORED APPLICATION SO I JUST WANTED TO GO INTO WHY DID WE CHOOSE THIS SITE. THERE ARE THREE DIFFERENT POLICIES THAT WE'RE REALLY BALANCING WHEN IT COMES TO AFFORDABLE HOUSING. THE PLANO COMPREHENSIVE PLAN, WHICH WHILE WE MEET ELEMENTS OF, WE'RE DISFAVORED. WE ALSO LOOKED AT THE CITY OF PLANO'S AFFORDABLE HOUSING POLICY THAT WAS PASSED BY THE CITY COUNCIL. ABOUT TWO YEARS AGO AND THEN TWEAKED LAST YEAR SO THAT WAS ANOTHER POLICY TT REALLY FED INTO WHY WE'RE CHOOSING THIS SITE. AND, FINALLY, WE ALSO HAVE TO LOOK AT THE TEXAS DEPARTENT OF HOUSING AND COMMUNITY DEVELOPMENT'S QUALIFIED ALLOCATION PLAN AND THAT'S THE WAY YOU GET FUNDING FOR AFFORDABLE HOUSING IN THE STATE OF TEXAS. SO WE HAD TO BALANCE ALL THREE OF THOSE POLICIES AND THOSE THREE POLICIES ALL FEED INTO HOW YOU PICK A SITE, HOW YOU CHOOSE A SITE, AND WHERE YOU DECIDE TO PROPOSE AFFORDABLE HOUSING. SO I'M GOING TO GO THROUGH KIND OF SOME OF THE BACKGROUND ON SOME OF THESE POLICIES. SO OUR DEVELOPMENT DOES MEET SPECIFIC GOALS OUTLINED IN THE COMPREHENSIVE PLAN BECAUSE WE ARE LONG-TERM OWNERS THAT WILL ADD TO THE COMMUNITY, HAVE PARTNERSHIPS. WE BRING A SENIOR HOUSING OPTION TO A PART OF PLANO THAT DOES NOT HAVE EXISTING SENIOR OR AFFORDABLE HOUSING. AND WE GIVE SENIORS IN PLAY THE ABILITY TO AGE IN PLACE. AND THAT'S A REALLY IMPORTANT ONE THAT I WANT TO TOUCH ON. WHEN YOU LOOK AND STUDY, THERE ARE TONS OF STUDIES ON AFFORDABLE HOUSING THAT WILL SAY YOU PUT AFFORDABLE HOUSING SOMEWHERE AND THE RESIDENTS COME FROM THE SURROUNDING ZIP CODE. 75% OF THE RESIDENTS COME FROM A ZIP CODE WHERE THE SENIOR HOUSING IS PROPOSED OR BORDERING THAT ZIP CODE. THIS IS SOMETHING THAT BRINGS PEOPLE THAT ARE ALREADY IN PLANO THAT NEEDED AN OPTION AND WE SEE THIS ALL THE TIME IN OUR PORTFOLIO. IT'S PEOPLE THAT LIVE IN A SINGLE-FAMILY HOME THAT CAN NO LONGER KEEP UP WITH THE STRESSES OF A SINGLE-FAMILY HOME BUT THEY DON'T WANT TO LEAVE THEIR COMMUNITY AND THIS GIVES THEM THE OPTION TO AGE IN PLACE, TO STAY IN THE COMMUNITY, TO STAY A PART OF THE COMMUNITY AND TO STAY NEAR LOVED ONES AND THE PEOPLE WE FIND THAT MAY RELOCATE TO THE AREA BECAUSE OF THI HOUSING ARE GENERALLY GRANDPARENTS OF CHILDREN IN THE AREA AND THEY FINALLY HAVE AN OPTION TO MOVE TO STABLE, AFFORDABLE HOUSING IN THE AREA AND TO BE WITH THEIR GRANDCHILDREN OR THEIR CHILDREN AND TO BE CLOSE BY. SO WE THINK THIS JUST REALLY GIVES EVERYBODY A GREAT OPTION FOR EXISTING RESIDENTS OF PLANO AS WELL AS POSSIBLY NEW RESIDENTS OF PLANO THAT ARE RELATED TO PEOPLE THAT ARE ALREADY THERE. OUR MANAGEMENT TEAM ALSO ALWAYS PARTNERS WITH LOCAL NONPROFITS AND SERVICES PROVIDERS AND THAT'S A POINT OF THE COMPREHENSIVE PLAN IS THOSE PARTNERSHIPS WITH NONPROFITS AND THAT'S SOMETHING THAT WE DO ON ALL OF OUR PROPERTIES AS WELLS WITH APARTMENT LIFE THAT DOES HAVE SOME ROOTS IN PLANO AS WELL. THE PLANO COMPREHENSIVE PLAN ALSO HAS THE SPECIAL HOUSING NEEDS POLICY AND WE MEET THAT BECAUSE OUR LAND USE RESTRICTION AGREEMENT WILL ACTUALLY LIMIT THE HOUSING TO SENIORS. A MINIMUM OF 5% OF OUR UNITS WILL BE SET ASIDE FOR MOBILITY DISABLED TENANTS AND 2% WILL BE MODIFICATIONS FOR VISUALLY IMPAIRED TENANTS WHILE ALL MEET VISITTABILITY. THAT AN IMPORTANT THING IS THAT IT'S SO HARD TO FIND HEARING AND VISUALLY IMPAIRED AS WELL AS HANDICAP-ACCESSIBLE UNITS AND THESE ARE SET ASIDES THAT WERE ACTUALLY PUT INTO THE PLANO HOUSING POLICY AS WELL BY THE CITY COUNCIL. WE'RE MEETING THOSE GOALS AND THESE ARE GOALS THAT ARE REALLY IMPORTANT FOR THE COMMUNITY, ESPECIALLY A COMMUNITY THAT IS AGING. 62% OF THE UNITS WILL ALSO SERVE THE LOW TO MODERATE-INCOME SENIORS AND THAT IS ANOTHER PART OF THE SPECIAL NEEDS HOUSING POLICY. WE KNOW THAT THERE ARE FINDINGS TO BE MADE FOR THIS TO BE APPROVED AND SO I'M KIND OE ABOUT THE BENEFIT TO THE IMMEDIATE NEIGHBORS, BECAUSE THIS IS A VACANT PROPERTY THAT'S REMAINED UNDEVELOPED FOR DECADES, THE DEVELOPMENT WILL ACT AS A CATALYST TO ACTIVATE THE CORNER, REALLY MAKE THIS A MIXED-USE PROPERTY THAT CAN BE ATTRACTIVE AND NOT STAY VACANT AS LONG AS IT HAS. IT'S BENEFICIAL TO THE SURROUNDING COMMUNITY. I THINK THAT THE RESPONSES TO THIS WERE FAR IN OUR FAVOR. I THINK IT WAS MY LAST COUNT WAS I THINK 26 TO 16 AND I THINK IT MIGHT HAVE GONE UP A LITTLE BIT FROM THERE. AND IT'S BENEFICIAL TO THE GENERAL PUBC IEREST AND THIS IS A POLICY THAT WAS ADOPTED BY CITY COUNCIL TO BENEFIT THE PUBLIC INTEREST WAS THIS AFFORDABLE HOUSING POLICY. AND WE ARE REALLY TRYING TO MEET THAT POLICY AS WELL SO I THINK THAT THAT'S PROOF AND CASE IN POINT THAT IT IS MEETING THE GENERAL PUBLIC INTEREST BECAUSE THAT'S A POLICY THAT WAS PASSED FOR THE WHOLE CITY OF PLANO. THE PLANO AFFORDABLE HOUSING POLICY WAS PASSED IN 2021 AND IT WAS TWEAKED A FEW TIMES BUT WE WENT THROUGH A REVIEW PROCESS THAT WAS TAKEN BY THE CRC. WE WERE THE HIGHEST-SCORING PROPOSAL. WECORED 91 OUT OF 100 POINTS. WE -- THERE WERE THREE PROPOSALS AND WE OUTSCORED THE OTHER ONES BY A WIDE MARGIN BECAUSE WE REALLY TAILORED THIS PROPOSA, LOCATION, ET CETERA TO THE AFFORDABLE HOUSING POLICY. OUR DEVELOPMENT INCLUDES MORE MARKET-RATE UNITS BY PERCENTAGE THAN ALL THE OTHER PROPOSALS AS WELL AND THAT WAS A PART OF THE POLICY AS WELL. SO WE WENT ABOVE AND BEYOND ON CERTAIN ASPECTS OF THE POLICY AND THAT'S WHY WE WERE AWARDED WITH THE HIGHEST SCORE IN THIS APPLICATION ROUND. AND THE CITY COUNCIL PASSED A RESOLUTION OF SUPPORT BY VOTE OF 6-1 FOR THIS APARTMENT COMPLEX THROUGH THAT PROCESS AS WELL. THIS IS A MAP THAT WAS CREATED BY THE CITY OF PLANO AND IT SHOWS WHERE ALL THE OTHER AFFORDABLE HOUSING IS. SO I THINK THAT ONE OF THE REALLY IMPORTANT PARTS OF THE PLANO AFFORDABLE HOUSING POLICY IS TO SPREAD OUT AFFORDABLE HOUSING TO PLACES THAT IT ALREADY IS NOT. AND YOU CAN SEE ALL THE PURPLE AND GREEN DOTS ARE THE EXISTING AFFORDABLE HOUSING POLICY AND THEN THE RED ARROW WITH -- POINTING TO OUR SITE, WE'RE IN AN AREA THAT REALLY HASN'T BEEN TOUCHED BY AFFORDABLE HOUSING AND THAT IS ONE OF THE BIG PRIORITIES OF THE AFFORDABLE HOUSING POLICY IN PLANO AND WE WERE THE FURTHEST AWAY FROM EXISTING AFFORDABLE HOUSING OF ANY APPLICATION THAT WAS SUBMITTED IN ANY PROPOSAL THAT WAS SUBMITTED. ON THE LEFT-HAND-SIDE YOU CAN SEE THE VACANCY RATES OF THE ELDERLY HOUSING THAT WAS ACTUALLY COMPILED BY THE CITY OF PLANO AS WELL. THE HIGHEST VACANCY RATE IS 5%. THERE ARE TWO WITH ZERO VACANCIES AND THE OTHERS HAVE ONE AND TWO VACANCIES. THIS IS A DIRE NEED FOR PLANO RESIDENTS TO HAVE SENIOR AFFORDABLE HOUSING AND SO IT'S IMPORTANT TO ACKNOWLEDGE THAT THE ALREADYXISTG PROPERTIES ARE EXTREMELY WELL UTILIZED AND EXTREMELY WELL RESIDENT. SO THE LAST POLICY THAT WE REALLY TOUCHED ON IS THE QUALIFIED ALLOCATION PLAN FROM THE TEXAS DEPARTMENT OF HOUSING AND HUMAN AFFAIRS. THE PLAN IS THE POLICY GUIDELINES GIVEN BY THE STATE THAT TELL YOU WHERE TO LOCATE AFFORDABLE HOUSING. OUR PROPOSAL ACTUALLY SCORED THE MAXIMUM SCORE. WE'RE CURRENTLY RANKED FIFTH AGAINST 21 OTHER APPLICATIONS IN DALLAS-FORT WORTH AND WE'RE IN LINE TO RECEIVE FUNDING. WE ARE ACTUALLY RANKED FIFTH OUT OF 71 PREAPPLICATIONS THAT WERE SUBMITTED BECAUSE THIS DOES MEET SO MANY OF THE POLICY GOALS OF THE STATE OF TEXAS IN TERMS OF LOCATING AFFORDABLE HOUSING. AND ONE OF THE BIGGEST POLICY GOALS IS TO KEEP AFFORDABLE HOUSING SPREAD OUT THROUGHOUT COMMUNITIES AND THROUGHOUT REGIONS AND WE'RE VERY FAR AWAY FROM THE NEAREST AFFORDABLE HOUSING IN THE AREA IN THE REGION. SO THAT IS A REALLY IMPORTANT POINT TO ONCE AGAIN TOUCH ON. AND I THINK THAT IS IT. AND IF YOU HAVE ANY QUESTIONS RELATED TO ANY OF THAT, I'M HAPPY TO TAKE THEM OR WE CAN KIND OF GO BACK TO THE DISCUSSION ON THE SOUND STUDY, ET CETERA. >> Chair Downs: OKAY. THANK YOU VERY MUCH. LET'S GO AHEAD WITH QUESTIONS FOR THE APPLICANT. I KNOW WE HAD SEVERAL FOR STAFF. MAYBE YOU GOT THEM ALL ANSWERED. WE'LL START ON THE END. COMMISSIONER RATLIFF. >> Ratliff: THANK YOU. JUST A FOLLOW-UP ON THE QUESTION I ASKED STAFF. I UNDERSTAND THERE'S NOISE MITIGATIONS THAT YOU'RE PROPOSING BUT IN LOOKING AT UR NOISE STUDY THERE'S OBVIOUSLY A L OF TRAIN NOISE THE. HOW DO YOU PROPOSE TO DEAL WITH THAT AT MIDNIGHT OR WHATEVER TIME THE TRAIN GOES BY EVERY NIGHT? >> I WOULD HONESTLY HAVE TO LOOK INTO THAT A LITTLE BIT MORE BUT WE ARE UNDER THE IMPRESSION THAT THAT HIGH LEVEL OF NOISE DOESN'T REACH THE SITE AT 90 DECIBELS BECAUSE IT'S A QUIET ZONING GOING THROUGH A RESIDENTIAL AREA. I DON'T BELIEVE THAT THERE'S A CROSSING THAT ACTUALLY GETS TO THAT LEVEL ON OUR SITE BUT I WOULD HAVE TO LOOK INTO THAT FURTHER. BUT BASED ON OUR NOISE STUDY -- AND WE ARE MITIGATING THE INTERIOR NOISE DN TO 45 DECIBELS AND I THINK THAT IS KIND OF THE STANDARD THAT HAS BEEN USED HERE BEFORE AND WE'RE WILLING TO DO THAT AS WELL AND THAT WAS IN OUR STIPULATIONS FOR THE PD IS TO GET DOWN TO A 45-DECIBEL LEVEL INSIDE THE UNITS . THERE ARE DEFINITELY A LOT OF APARTMENTS THAT ARE A LOT CLOSER TO THE TRAIN THAN US. I WOULD HAVE TO LOOK INTO IT A BIT FURTHER THOUGH, TO BE HONEST, BUT TRAIN NOISE IS VERY INTERMITTENT SO WE DO BELIEVE THAT WE WOULD BE OKAY, ESPECIALLY WITH THAT INTERIOR OF THE UNITS. THE >> Ratliff: I UNDERSTAND YOUR POINT. I THINK WHAT I WAS LOOKING AT WAS ACTUALLY YOUR NOISE STUDY THAT SHOWED IT WAS 100 DECIBELS ON YOUR SITE. I APPRECIATE THE FACT THAT YOU'RE MITIGATING IT DOWN TO 45 ON AVERAGE. MY CONCERN IS THERE'S ANOTHER 20 OR 30 DECIBELS THERE LATE AT NIGHT. I REALIZE THERE ARE OTHER EXISTING MULTIFAMILY UNITS CLOSE BY BUT TWO WRONGS DON'T MAKE A RIGHT. >> UNDERSTOOD. >> Ratliff: IF YOU MOVE FORWARD IN THIS PROCESS, I WOULD APPRECIATE Y'ALL LOOKING INTO THAT. I JUST THINK, EECIALLY WITH SENIORS, YOU WAKE UP A SENIOR EVERY NIGHT AT MIDNIGHT, IT'S NOT GOING TO END WELL. >> NO, ABSOLUTELY. YOU KNOW, WE CAN'T RENT SOMETHING THAT'S GOING TO WAKE EVERYBODY UP AT MIDNIGHT EITHER. WE'LL LOOK INTO THAT FURTHER. JUDGING BY OUR NOISE STUDY WE THINK THAT ON THE INTERIOR IT'S GOING TO BE BUT I'LL LOOK INTO IT FURTHER. >> Ratliff: THANK YOU. >> Chair Downs: COMMISSIONER HORNE. >> Horne: THANK YOU. THANK YOU FOR A GREAT PRESENTATION. I DO HAVE A QUESTION, THOUGH. DID YOU LOOK OR -- IT WASN'T ME. YOU'RE LOOKING AT VACANT LAND HERE THAT'S EXPRESSWAY CORRIDOR, WHICH IS BASICALLY EARMARKED UNDER THE COMPREHENSIVE PLAN FOR EITHER EMPLOYMENT CENTER, RETAIL, OFFICE, OR INSTITUTIONAL. DID YOU LOOK ANYWHERE ELSE IN PLANO LOOKING AT BROWNFIELD DEVELOPMENT THAT WOULD BE SIX TO SEVEN ACRES THAT WOULD MEET THE NEEDS OF OUR COMMUNITY WITH INDEPENDENT LIVING. DID YOU LOOK ANYWHERE ELSE BESIDES THIS ONE BLANK AREA? >> ABSOLUTELY AND LAST YEAR WE ACTUALLYOT FDING IN PLANO AT COMMUNICATIONS PARKWAY AND SPRING CREEK PARKWAY FOR A SIMILAR PROJECT. SO WE LOOK AT TONS OF VACANT LAND THROUGHOUT THE CITY OF PLANO EVERY YEAR, PRETTY MUCH ON A CONSTANT BASIS. BUT IT IS REALLY HARD TO, YOU KNOW, I KIND OF PICTURE THOSE THREE POLICIES AS A BIG VENN DIAGRAM. IT'S REALLY HARD TO FIND A PIECE OF LAND TO SATISFY EVERY ONE OF THOSE THREE POLICIES AND GET US FUNDING AS WELL. SO WE HAVE LOOKED AT OTHER SITES. I HAVE NOT FOUND ONE SPECIFICALLE BROWNFIELD BUT CHANCES ARE THEY MIGHT NOT HAVE MET CERTAIN ASPECTS OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ALLOCATION PLAN. SO WHEN IT COMES TO IT, THIS IS THE FIFTH-HIGHEST SCORING SITE IN THE ENTIRE REGION SO WE HAVE TO REALLY BALANCE ALL OF THOSE POLICIES, AND IT'S REALLY HARD TO HIT THAT BULLS EYE AND WE'RE THE ONLY APPLICANT IN PLANO IN TERMS OF BEING IN A POSITION TO GET FUNDING. >> Horne: OKAY. WE DEFINITELY HAVE SOME UNDERPERFORMING NEIGHBORHOOD CENE REVITALIZATION AND INDEPENDENT LIVING, CERTAINLY, YOU HAVE SEEN WHAT'S HAPPENED OVER AT CHASE OAKS, THAT WHOLE AREA IS EXPLODING NOW AND I GRANT YOU WE NEED THAT OVER ON THE WEST SIDE OF TOWN. AND I WAS LOOKING TO SEE IF YOU MAY HAVE LOOKED ALONG THE COIT CORRIDOR OR ANYWHERE ALONG THERE THAT COULD USE AN INFUSION, IF YOU WILL, OF THIS TYPE OF DEVELOPMENT OUTSIDE OF WHERE YOU'RE RIGHT NEXT TO NORTH DALLAS TOLLWAY. >> THAT COIT CORRIDOR HAS SOME AFFORDABLE HOUSING I BELIEVE ON THAT COIT CORRIDOR SO THAT ACTULY PENALIZES YOU IN TERMS OF THE TDHCA-QUALIFIED ALLOCATION PLAN. LIKE I SAID, IT IS JUST SUCH A BALANCING ACT OF THOSE THREE POLICIES AND TO TRY AND, YOU KNOW, THREAD THAT NEEDLE OF WHERE YOU'RE GOING TO GET FUNDING, WHERE THERE'S A PIECE OF LAND AVAILABLE, ET CETERA. I DO UNDERSTAND THE FRUSTRATION OF BEING IN THE EXPRESSWAY CORRIDOR. >> Chair Downs: COMMISSIONER STONE. >> Stone: THANK YOU. A COUPLE OF QUICK QUESTIONS. HAVE YOU EXPLORED WITH YOUR YOUR YOU HAVE ANY IDEA ABOUT THESE TWO RESTAURANTS THAT YOU'RE LOOKING AT, ANY PROSPECTS AT THIS POINT? >> WE CAN HAVE MY -- SHANE JORDAN IS SIGNED UP TO SPEAK. HE'S THE BROKER ON THE REMAINDER PARCEL OF LAND. I KNOW HE'S HAD SOME INTEREST FROM HOTEL GROUPS AS WELL. BUT I DON'T THINK I WOULD WANT TO SAY THERE'S SOMETHING SOLIDLY COMING AT THIS POINT. >> Stone: I WAS JUST WONDERING ALSO ABOUT THE HOTEL, WHAT LEADS YOU TO BELIEVE THAT THIS WOULD ALSO BE A GOOD MARKET SPOT FOR A HOTEL IN THAT LOCATION? AND LASTLY, WOULD YOU GUYS BE OPERATING AND MANAGING THIS OPER YOURSELF OR WILL YOU CONTRACT THIS OUT TO A THIRD-PARTY GROUP? >> WE HAVE IN-HOUSE MANAGEMENT. WE MANAGE OUR ENTIRE PORTFOLIO. >> Stone: ALL OF THESE PROJECTS YOU HAVE SHOWN US YOU MANAGE YOURSELF? >> ABSOLUTELY, SIR. >> Stone: VERY GOOD. THANK YOU. >> Chair Downs: COMMISSIONER OLLEY. >> Olley: YOU REFERENCED THE FUNDING FROM THE STATE A COUPLE OF TIMES, AND THIS IS FOR MY EDIFICATION. THE DRIVERS THAT GET YOU THAT FUNDING IS THE ACTUAL SITE PART OF THAT DETERMINATION? >> YES. >> Oey: SO THE STATE WOULD LOOK AT THE FACT THAT IT'S NEXT TO THE DALLAS TOLLWAY? >> THEY HAVE THEIR OWN HUD-REGULATED HEALTH SO WE HAVE TO DO A PHASE 1, SUBMIT IT TO THE STATE, THAT INCLUDES A NOISE STUDY AS WELL. IT MEETS THE HUD REQUIREMENTS FOR NOISE AS WELL. SO THEY'RE OVERSEEING THAT AS WELL. I THINK THAT THE PLANO STANDARDS ARE A LITTLE MORE STRINGENT AND THEY'RE JUST MEASURED A LITTLE BIT DIFFERENTLY BUT OUR INTERIOR NOISE STUDY DOES SHOW THAT WE WOULD ACTUALLY MEET ALL THE HUD STANDARDS. >> Olley: GOING BACK TO THE POSITION OF THE INDEPENDENT LIVING FACILITY AND, AGAIN, CORRECT ME IF I'M PUTTING WORDS IN YOUR MOUTH. IT ALMOST SOUNDS LIKE IT WAS A DECISION TO BE MADE BETWEEN PARKING ACCESS AND HOW MUCH NOISE YOUR RESIDENTS WOULD BE ABLE TO TOLERATE AND MORE PARKING. >> I THINK NOISE CONTOURS ARE EXTREMELY DIFFICULT TO NAIL DOWN. OUR BUILDING ENCROACHES ON THE NOISE CONTOUR OF THE EHA, LIKE MINIMALLY IT'S THE FACADE AND IF WE MOVE THAT BUILDING AND PUT ALL THE PARKING IN THE MIDDLE WE WOULDN'T HAVE TO BE TALKING ABOUT NOISE BUT WE THINK IT'S REALLY IMPORTANT TO MAKE THIS ENTIRE DEVELOPMENT WORK FOR THE SENIORS, NOT JUST MAKE IT WORK TO AVOID POSSIBLE NOISE MITIGATION. WE COULD HAVE DONE THAT AND WE COULD HAVE MOVED IT ALL THE WAY OVER AND AVOIDED DISCUSSING ANY OF THESE ISSUES BUT IT'S REALLY IMPORTANT FOR SENIORS TO BE ABLE TO WALK TO THEIR UNIT AND TO BE ACCESSIBLE TO THEIR UNIT SO I THINK IT'S NOT ABO WE DIDN'T WA TO PUT MORE PARKING OR WE DIDN'T WANT TO PUT MORE CONVENIENT PARKING FOR ANY OTHER REASON THAN WE SEE HOW SENIORS THAT HAVE TO PARK REALLY FAR AWAY, HOW HARD IFS FOR THEM, ESPECIALLY WITH GROCERIES. SO, YEAH, WE DID MAKE SOMEWHAT OF A VALUE PROPOSITION AND WE THINK WE HIT THE MIDDLE, IF THAT MAKES SENSE BECAUSE WE'RE DOING THE NOISE REDUCTION ON THE INTERIOR BUT I THINK WE'RE ALSO CREATING A REALLY GOOD ENVIRONMENT FOR THE ENTIRE SITE A A REALLY GOOD ACCESSIBLE PARKING SCHEME AS WELL. >> Olley: I AGREE. ESPECIALLY IN 100-DEGREE WEATHER, POSITION OF PARKING MATTERS. BUT TO COMMISSIONER RATLIFF'S POINT, SLEEP MATTERS TOO. >> 100% AND, YOU KNOW, I'VE LIVED NEAR TRAINS AND, YOU KNOW, THAT IS A VERY INTERMITTENT TYPE OF NOISE. I'M NOT GOING TO TRY AND MINIMIZE IT AND SAY IT DOESN'T MATTER AND WE'LL LOOK INTO IT A BIT FURTHER BUT IN THE END, YOU KNOW, WE ARE MEETING THE HUD REQUIREMENTS AND I THINK THAT WE ARE GIVING THE SENIORS A GOOD ENVIRONMENT. AND, YOU KNOW, I'M SURE THAT THERE ARE SOME UNITS THAT WILL PROBABLY BE AFFECTED A LITTLE BIT MORE THAN OTHERS BUT AS YOU GET FURTHER BACK AWAY FROM THAT TRAIN TRACK AND AS THOSE OTHER USES ARE DEVELOPED, WE HOPE THAT IT WILL BE MINIMIZED. >> Olley: NOW THE HOTEL SIDE, I DON'T THINK YOU DID A NOISE STUDY ON THAT JUST BECAUSE IT'S NOT WITHIN THE EHA. >> SO THE HOTEL IS FULLY WITHIN THE EHA BUT THAT'S NOT A SENSITIVE LAND USE. >> Olley: GOTCHA. THANK YOU. >> Chair Downs: COMMISSIONER STONE. >> StoneI HAVE ONE QUICK FOLLOW UP. ANY THOUGHTS ABOUT DOING COVERED PARKING? >> YES. IT'S JUST A LITTLE BIT PRELIMINARY BUT AS SOON AS WE KIND OF GET OUR BUDGET TO WHERE WE NEED IT TO BE, WE GO BACK AND WE ADD A LOT OF COVERED PARKING. >> Stone: SO THESE OTHER PROJECTS THAT YOU'VE REFERENCED -- >> YES, WE HAVE LOTS OF COVERED PARKING. WE USUALLY TRY AND MAXIMIZE IT. IT'S JUST A DIFFICULT THING TO NAIL DOWN AT THIS MOMENT. IT'S SOMETHING THAT WE GO BACK IN WITH THE CIVIL AND, YOU KNOW WITH THE BUDGET. BECAUSE A LOT OF OUR FINANCIAL BUDGET AND THE WAY WE EXPEND MONEY IS ALL OVERSEEN BY THE STATE AS WELL. >> Stone: THANK YOU. >> Chair Downs: OKAY. THANK YOU FOR YOUR TIME AND WE HAVE SOME OTHER SPEAKERS. WE WILL GIVE YOU A COUPLE OF MINUTES FOR FOLLOW UP AT THE END. >> THANK YOU. >> SHANE JORDAN. >> Chair Downs: JUST FOR CLARIFICATION, IS HE PART OF THE APPLICANT? >> HE IS. >> Chair Downs: SO IF I HAD KNOWN THAT WE WOULD HAVE HAD YOU GO DIRECTY AFTER HIM BECAUSE I'M KEEPING TRACK OF THE 15 MINUTES THAT YOU HAVE. IF YOU COULD VERY QUICKLY ANSWER HIS QUESTION AROUND THE POTENTL RESTAURANT. >> WELL, ACTUALLY I'M A REPRESENTATIVE OF THE OWNER OF THE PROPERTY WHO IS A CO-APPLICANT BUT ONLY BECAUSE THEY'RE THE OWNER. MY NAME IS SHANE JORDAN. 16475 DALLAS PARKWAY, SUITE 540 ADDISON. REALLY WHAT I WANTED TO ADDRESS WAS JUST SOME HISTORY ON THE ZONING AND WHY WE'RE HERE FOR AN SUP. AND I DON'T RECALL THE YEAR BUT -- AND MAYBE ERIC REMEMBERS BUT BACK WHEN TINA FERGENS WAS HERE ON STAFF AND WHEN THIS ZONING WAS TOLLWAY/COMMERCIAL AND TOLLWAY/EMPLOYMENT WHICH BECAME REGIONAL COMMERCIAL AND REGIONAL EMPLOYMENT, I HAD ASKED STAFF WHY WE COULD DO SENIOR HOUSING IN RETAIL OFFICE MULTIFAMILY. OBVIOUSLY YOU COULD DO SENIOR HOUSING. AND THE USES THAT WERE ALLOWED IN REGIONAL COMMERCIAL AND REGIONAL EMPLOYMENT PREVIOUSLY TOLLWAY COMMERCIAL AND TOLLWAY EMPLOYMENT WERE GENERALLY THE SAME BUT YOU COULDN'T DO SENIOR HOUSING. SO THEY DID A STUDY AND IT CAME BACK THAT IT WAS GOING TO BE ALLOWED BY SUP. SO WHEN I INQUIRED AS TO WHY SUP, IT WASN'T THAT IT WAS DETERMINEDHAT THE USEAS NOT A ACCEPTABLE USE FOR THAT ZONING CLASSIFICATION, IT WAS THAT THEY WANTED THE USE NOT TO BE SET RIGHT UP ON THE HIGHWAY. BECAUSE BACK THEN TOLLWAY COMMERCIAL, IT WAS TOLLWAY AND WHEN 190 WAS BEING BUILT, 121 WAS BEING EXPANDED SO THEY CHANGED THE NAME TO BE MORE UNIVERSAL FOR THE INFRASTRUCTURE IN PLANO. AND NOT DISSIMILAR, WE HAD -- I . 10, 12 ACRES JUST NORTH OF THE WILLOWBEND MALL THAT WAS TOLLWAY EMPLOYMENT THAT WE PUT IN A SENIOR HOUSING AND REALLY A NURSING HOME ON FIVE ACRES AND IT WAS THE SAME THING. IT WAS SET BACK OFF THE TOLLWAY SO THAT THERE WERE OTHER BUILDINGS IN FRONT OF THAT PRODUCT THAT FRONTED THE TOLLWAY. SO I'M JUST WONDERING HOW OVER THE YEARS -- >> SIR, Y HAVE 30 SECONDS. >> KIND OF GOTTEN AWAY FROM WHAT I WAS TOLD ALTHOUGH YEARS AGO WHAT WAS THE INTENT. THE OTHER THING FOR ME TO ASK YOU TO THINK ABOUT IS WHAT'S THE DIFFERENCE IN SLEEPING IN THAT HOTEL ROOM THAT'S ON THE HIGHWAY THAT'S GOT NOISE MITIGATION VERSUS BEING OFF THE HIGHWAY IN A UNIT, WHETHER IT'S A SENIOR HOUSING OR AN APARTMENT? I THINK IT'S RELATED. OKAY. THANK YOU. >> Chair Downs: THANK YOU. NEXT SAKER. >> HENRY BILLINGSLEY. >> MY NAME IS HENRY BILLINGSLEY. I LIVE AT 6701 TURTLE CREEK IN DALLAS. WE OWN ABOUT 500 ACRES IMMEDIATELY AROUND THIS TRACT. WE HAPPEN TO OWN THE PROPERTY DIRECTLY ACROSS THE STREET, THAT'S WITHIN 200 FEET, INCLUDING THE STREET. WE OWN THE PROPERTY AT THE NORTH END OF THE SUBJECT TCT WHERE WE JT BUILT A FIVE-STORY OFFICE BUILDING. NEXT TO THAT WE'RE BUILDING ANOTHER FIVE-STORY OFFICE BUILDING. AND SO WE'VE -- AND I WOULD SAY IN THE LAST 10 OR 12 YEARS WE BUILT NINE OFFICE BUILDINGS IN THIS IMMEDIATE AREA IN THE CITY OF PLANO FROM TWO TO FIVE STORIES SO THIS IS A VERY, VERY VIABLE OFFICE MARKET. THIS PROPERTY HAS BEEN EMPTY SINCE 1948, NOT BECAUSE THE MARKET IS NOT THERE, IT'S BECAUSE THEY CHOSE NOT TO SELL IT. THIS PROPERTY,E STAED A BUILDING FOUR, FIVE MONTHS AGO IMMEDIATELY NORTH OF THIS, A FIVE-STORY OFFICE BUILDING, IT COULD BE BUILT ON THIS PROPERTY TOO. IT'S THE SAME MARKET. NOW WHAT WE'RE CONCERNED ABOUT MAINLY IS PLANO PARKWAY IS THE ENTRY AREA INTO THIS ENTIRE 400, 500-ACRE THING. IF YOU HAVE THE CURRENT ZONING THAT WE LOOKED AT WHEN WE BUILT OUR BUILDINGS AND MADE MASSIVE INVESTMENTS TO DO IT, WE WERE DEPENDING ON THE CITY AND THEIR FUTURE LAND PLAN AND SAYING WE KNOW WHAT THE TERRITORY IS. WE KNOW WHAT'S ALLOWABLE AND WHAT'S NOT ALLOWABLE AND BASED ON THAT WE MADE SOME SIGNIFICANT INVESTMENTS. AND THIS PROPERTY COULD VERY WELL BE DEVELOPED AS OFFICE OR MEDICAL OFFICE OR RETAIL WITH THE LOCATION IT HAS. BUT IF YOU PUT SINGLE-FAMILY OR YOU PUT MULTIFAMILY THERE, IT'S AN ENTRY INTO AN OFFICE AREA. IT'S A VERY DISTINCT COMPETITIVE DISADVANTAGE FOR US IN COMPETING AGAINST OTHER OFFICE MARKETS. NOW, A LOT OF THE PRESENTATION THAT WAS MADE WAS ON HOW IMPORTANT AND HOW GOOD AFFORDABLE HOUSING IS. I AGREE. AFFORDABLE HOUSING IS GREAT BUT THAT'S NOT THE QUESTION TONIGHT. THE QUESTION IS AFFORDABLE HOUSING APPROPRIATE AT THIS LOCATION? AND I THINK THE DAMAGE THAT IT WOULD DO TO ALL OF THE AND ALL, IT IS NOT APPROPRIATE AT THIS LOCATION AND YOU SHOULD STICK WITH YOUR CURRENT REGIONAL COMMERCIAL ZONING, WHICH EVERYBODY HAS LOOKED AT IT AND KNOWS WHAT IT IS. THIS PROPERTY IS VERY MARKETABLE AND COULD BE DEVELOPED. THIS ISN'T SITTING HERE, NOBODY'S LOOKED AT IT IN 30 YEARS. YOU CAN'T DO ANYTHING WITH IT, YOU BETTER GO MULTIFAMILY. >> SIR, YOU HAVE 30 SECONDS. >> SO WE'RE ASKING YOU TO STICK WITH THE ZONING THAT IS ON THERE RIGHT NOW THAT EVERYBODY KNOWS ABOUT AND WHICH IS, I THINK, APPROPRIATE. I'M HAPPY TO ANSWER ANY QUESTIONS. >> Chair Downs: THANK YOU. >> THANK YOU. >> Chair Downs: NEXT SPEAKER PLEASE. >> WE DO NOT HAVE ANY MORE SPEAKERS. >> Chair Downs: OKAY. IF YOU WANT ANY MORE TIME I'LL GIVE YOU A COUPLE OF MINUTES REAL QUICK. I THINK WE'VE GOT ALL OUR QUESTIONS ANSWERED. >> I JUST WANT TO CLARIFY ONE THING THAT MY BUSINESS PARTNER CASEY POINTED OUT. WHEN WE DO ACTUALLY D THE FINAL NOISE STUDY AND WE GO THROUGH EVERYTHING, EVERY SINGLE UNIT AND THE EXPOSURE TO ALL OF THE AREAS IS ACTUALLY CUSTOM EVALUATED SO THAT THE INTERIOR NOISE OF EVERY SINGLE UNIT WILL BE AT THAT 45 LEVEL. SO IT'S REALLY A GRANULAR THING AND A REALLY INTENSE PROCESS. THE OTHER THING I WILL SAY IS THAT THIS SITE HAS BEEN PROPOSED BEFORE FOR SENIOR HOUSING. 650 UNITS WITH SURFACE PARKING ON THE TOLLWAY AND MR. BILLINGSLEY, YOU KNOW, DECLINED TO SUPPORT THAT AS WELL. IT'S A REALLY TOUGH THING TO TALK ABOUT LAND USE BUT IN THE INTERNATIONAL BUSINESS PARK THAT THE BILLINGSLEY COMPANY IS, YOU KNOW, DEVELOPING THAT WE'RE RIGHT NEXT TO, THERE IS 2.5 MILLION SQUARE FEET OF OFFICE AND A PROPOSED 2,000 APARTMENT UNITS. THAT'S A MIXED-USE DEVELOPMENT THAT'S MASTER PLANNED THROUGHOUT. I UNDERSTAND HIS CONCERN THAT THIS IS THE GATEWAY. HOWEVER, THIS SITE DOES NOT HAVE EXTREMELY GREAT VISIBILITY FROM THE TOLLWAY BECAUSE THE TOLLWAY IS ELEVATED BY THIS SITE AND TH'S PART OF THE REASON WE DIDN'T PROPOSE SCREENING FOR NOISE MITIGATION AS WELL. BUT THERE'S NOT A TREMENDOUS AMOUNT OF VISIBILITY FROM THE TOLLWAY FOR THIS SITE. ONCE YOU GET OFF AT PLANO PARKWAY YOU KNOW WHERE YOU'RE YOU'RE GOING TO AN OFFICE BUILDING IN THE INTERNATIONAL BUSINESS PARK. THE INTERNATIONAL BUSINESS PARK THAT ALSO HAS 2,000 APARTMENT UNITS THAT ARE TO BE DEVELOPED THERE AS WELL. THE BILLINGSLEY COMPANY ALSO IS DOING BEACON SQUARE IN PLANO AND THAT'S 1 MILLION SQUARE FEET OF OFFICE WITH 1100 APARTMENT UNITS. SO WE JUST DON'T THINK THAT THIS USE IS INCOMPATIBLE WITH OFFICE BUILDINGS. WE THINK THAT SENIOR HOUSING AND AFFORDABLE SENIOR HOUSING IS EXTREMELY IMPORTANT AND I THINK THAT A REALLY GOOD FACTOR TO THIS IS THAT WE ARE ALLOWING FOR RETAIL AND OTHER USES ON THE FRONTAGE. WE PROPOSED RESTAURANTS AND A HOTEL BUT IT COULD TURN INTO RETAIL AS WELL BASED ON INTEREST IN THAT PIECE OF LAND. BUT THAT IS A VERY STANDARD DEVELOPMENT PROCESS OF HAVING RETAIL AND THEN A TRANSITIONAL USE OF MULTIFAMILY AND THEN OFFICES. AND IF YOU LOOK AT SOME OF THE RO THE INTERNATIONAL BUSINESS PARK, THERE'S RETAIL ON THE STREET WITH APARTMENTS BEHIND AND THEN OFFICES FURTHER BEHIND THAT. WE THINK THAT WE'RE STAYING CONSISTENT WITH HOW PEOPLE WOULD DEVELOP A MIXED-USE DEVELOPMENT. THANK YOU. >> Chair Downs: OKAY. AND WE HAVE NO MORE SPEAKERS? OKAY. WELL, CLOSE THE PUBLIC HEARING AND DEFINE DISCUSSIONS TO THE COMMISSION. QUIET GROUP. >> Horne: MR. CHAIRMAN, I'M LOOKING AT THE PETITION ASS PRESENTED BY STAFF AND THE SUBSEQUENT ATTACHED DOCUMENTS TO IT, PARTICULARLY THE NOISE STUDY AND I'M BOTHERED BY SEVERAL THINGS IN THAT IT DOES NOT MEET OR COMPLY WITH FOUR OF THE ELEMENTS OF THE COMPREHENSIVE PLAN. AND AS THE PETITION WAS PRESENTED TO US, IT WAS PRESENTED AS INDEPENDENT LIVING, NOT AFFORDABLE HOUSING BUT INDEPENDENT LIVING. AND THE PETITION ALSO STATES THAT THIS LOW MAINTENANCE LIVING COULD BE AFFORDABLE. OKAY. SO WHEN WE SEE THE DOCUMENTS PRESENTED BY THE PETITIONER, IT LOOKED LIKE VERY NICE PLACES THAT YOU MANAGE, I'LL GIVE YOU THAT. BUT I'M KIND OF QUESTIONING THE ISSUE ABOUT AFFORDABILITY ON THIS PARTICULAR PLOT OF LAND. IT'S EXPENSIVE REAL ESTATE OVER IN WEST PLANO AND BY THE CORRIDOR HERE. A COUPLE OF WALKABILITY. I GRANT YOU YOU HAVE SIDEWALKS AND YOU HAVE TREES BUT YOU WANT , PARTICULARLY FOR INDEPENDENT LIVING. YOU WANT TO WALK TO RESTAURANTS. YOUANT T WALK THE DRY CLEANERS, YOU WANT TO WALK TO CVS OR WALGREENS OR DRY CLEANERS. THERE'S NOTHING AROUND HERE RESEMBLING THAT. THERE'S A SURGICAL CENTER ACROSS THE STREET. SO GRANTED YOU HAVE A SIDEWALK WITH, YOU KNOW, TREES BUT WHERE ARE YOU GOING TO WALK TO? TO THE TREE? I GUESS. SO I LOOK AT THAT AND THEN I LOOK AT THE ENVIRONMENTAL IMPACT STATEMENT, PARTICULARLY WITH THE NOISE LEVELS AND THE TRAINS. I JUST DON'T SEE THIS BEING SUITABLE AS ANY TYPE OF INDEPENDENT LIVING BECAUSE OF THOSE ELEMENTS THAT I EXPLAINED. SO I WILL HAVE TO VOTE NO ON THIS OPPORTUNITY. >> Chair >> Chair Downs: OKAY. COMMISSIONER OLLEY. >> Olley: I ECHO MOST OF WHAT VICE CHAIR HORNE SAID. YOU HAVE THE NEED FOR A HOUSING MIX WITHIN PLANO TO ALLOW OUR CITIZENS, CONSISTENT WITH THE GUIDING PRINCIPLES, A HOUSING MIX THAT BENEFITS OUR CITIZENS LO-TERM. BUT AT THE END OF THE DAY, PLANO IS CONSTRAINED BY HOW MUCH UNDEVELOPED LAND WE DO HAVE. AND THE UNDEVELOPED LAND POLICY CLEARLY STATES THAT THE REMAINING LAND WE DO HAVE SHOULD BE RESERVED FOR BUSINESSES THAT OFFER SKILLED EMPLOYMENT, WHICH THIS DOESN'T QUITE FIT INTO THAT. TO THE COMMENT ON THE HOTEL VERSUS THE AUAL HOUSING UNITS, HOTELS ARE TRANSITORY. I VOTE WITH MY DOLLARS IF I WANT TO STAY IN THAT HOTEL OR NOT. THE HOUSING UNIT, I HAVE NO CHOICE. THAT'S MY HOME, THAT'S MY DOMICILE. I DON'T QUITE SEE A PATH HOW HOW BOX THIS ENOUGH TO CONFIRM ENOUGH ELEMENTS OF THE COMPREHENSIVE PLAN TO JUSTIFY THIS. AGAIN, WE ARE FACED WITH A SITUATION WHERE THERE IS A NEED THAT OUR COMMUNITY NEEDS, BUT WE JUST DON'T SEEM TO HAVE ENOUGH POWDER IN OUR CANNON TO ADDRESS IT. BUT I'M WITH COMMISSIONER HORNE. I'M INCLINED TO VOTE NO. >> Chair Downs: COMMISSIONER BRONSKY. >> Bronsky: SO, I'VE SPENT A GREAT DEAL OF TIME, KIND OF, LOOKING AT THIS AND GOING OVER A LOT OF WHAT'S GOING ON AT THIS SPACE, AND I WILL SAY TO COMMISSIONER HORNE, YOU MISSED THE U-HAUL. THEY COULD WALK TO THE U-HAUL CENTER,OO. BUT WALKABILITY -- AS I ASKED IN MY QUESTION, I THINK TO DESCRIBE THIS ISOLATED RESIDENTIAL SPACE AS WALKABLE IS LAUGHABLE. ADDITIONALLY, A LOT OF CITIZENS WORKED VERY HARD ON THE COMPREHENSIVE PLAN AND WE MADE IT VERY CLEAR WHEN THE COMPREHENSIVE PLAN COMMITTEE, AS WELL AS THE PLANNING AND ZONING AND COUNCIL, THAT EXCEPTIONS TO THE PLAN SHOULD BE RARE AND SHOULD POSE A SIGNIFICANT IMPROVEMENT TO THE CITY. I DON'T SEE ISOLATED RESIDENTIAL DEVELOPMENT IN THIS LOCATION AS -- I DO AGREE WITH MR. BILLINGSLEY. THIS IS A GATEWAY INTO OUR ENTIRE COMMUNITY. THAT'S RIGHT NEAR WHERE PLANO ENDS, WHERE YOU GET INTO PLANO. SO, THE FACT THAT WE'VE GOT LESS THAN 5% OF UNUSED LAND LEFT -- TOWSON, AS WELL AS COMMISSIONER HORNE, MADE IT VERY CLEAR AND I STRONGLY AGREE WITH THE LAND USE POLICY THAT WE HAVE GOT TO BE VERY CAREFUL ABOUT WHAT WE PUT IN THESE LAST REMAINING SPACES. AND WE NEED TO BE VERY IN TUNE WITH IF WE'RE PUTTING IN RESIDENTIAL. AND I DO NOT BELIEVE THE ISOLATION IN THIS AREA FOR RESIDENTIAL MAKES SENSE. AND I WILL BE VOTING NO. >> Chair Downs: COMMISSIONER CARY. >> Cary: YEAH, I'M SEEING SOME OF THIS A LITTLE DIFFERENTLY. WE'RE TALKING ABOUT WALKABILITY. CANDIDLY, YOU KNOW, NOT THAT MANY PEOPLE ARE WALKING AROUND DALLAS, ANYWAY, AND INDEPENDENT LIVING. SO I THINK IT'S A GOOD POINT. I DON'T KNOW HOW SIGNIFICANT IT IS. WHEN YOU LOOK AT WHETHER THIS IS A GOOD PLACE FOR HOUSING, WE'VE ALREADY APPROVED -- IF THIS GENTLEMAN IS RIGHT -- A COUPLE THOUSAND APARTMENTS, IN MR. BILLINGSLEY'S PROJECT ADJACENT TO IT. IF YOU TAKE A DRIVE DOWN THE ROAD, IMMEDIATELY ACROSS THE STREET, THAT ENTIRE ROAD IS MULTIFAMILY HOUSING. SO WE HAVE A LOT OF MULTIFAMILY AND HOUSING IN THAT AREA. AND SO, YOU KNOW, TO ME, THAT'S NOT COMPELLING. TO ME, THE IMPORTANT POINT IS ALL THE WORK WE PUT INTO A VERY CAREFULLY CONSTRUCTED COMPREHENSIVE PLAN. AND THAT COMPREHENSIVE PLAN SAID THAT THERE'S NOT GOING TO BE RESIDENTIAL HERE AND WE'RE GOING TO USE THE LAND FOR OTHER THINGS. AND SO IT'S REGRETFUL, BECAUSE IT SEEMS THAT WE ARE HAVING A HARD TIME FINDING PLACES FOR SENIOR HOUSING. AND WE ALL KNOW IT'S A DIRE NEED. SO I THINK THAT'S THE RE-GRATEFUL PART. YOU'RE BUILDING A NICE PROJECT HERE. YOU HAVE A LOT OF SUCCESS DOING THAT WELL. IN TERMS OF NOISE, LIKE I SAID, WE'VE APPROVED OTHER PROJECTS AT THIS NOISE LEVEL. AND SO MY GUESS IS YOU GUYS CAN SOLVE THAT. BUT TO ME, THIS ISSUE REALLY IS ONE OF THE COMPREHENSIVE PLAN. AND WE SPENT A LOT OF TIME TRYING TO GET THAT RIGHT, BOTH A CITIZENS GROUP WHO PUT COUNTLESS HOURS INTO IT AS WELL AS THIS TEAM HERE. AND SO FOR THAT REASON, I CAN'T SUPPORT THIS PROJECT. IT'S JUST THAT SIMPLE TO ME. >> Chair Downs: COMMISSIONER STONE. >> Stone: I RESONATE WITH COMMISSIONER BRONSKY'S WORD ISOLATED. I'M CONCERNED ABOUT ONE OR POSSIBLY TWO RESTAURANTS DOWN ON THIS CORNER. THEY'RE PRETTY MUCH OUT IN THE WEEDS AWAY FROM ANYTHING ELS ARO. UP THE TOLLWAY IT'S AT LEAST THREE QUARTERS OF A MILE BEFORE YOU ENCOUNTER OTHER RESTAURANTS. AND THEY'RE ON THE OTHER SIDE. YOU HAVE TO CROSS THE TOLLWAY TO WALK TO THEM. IF YOU GO UP PLANO PARKWAY, IT'S AN EQUALLY LONG WAY UP TO THE PETCO OR THAT STRIP OF MCDONALD'S AND THE OTHER RESTAURANTS UP THERE. I'M CONCERNED ABOUT SATURDAY MORNING, THE FOLKS HERE NEED A PLACE TO EAT BREAKFAST. IF THOSE RESTAURANTS DON'T HAPPEN, IF THEY'RE NOT GOOD, IF THEY'RE NOT QUALITY, I'M COERNED ABOUT ANOER HOTEL ON THE DALLAS NORTH TOLLWAY. THEY SEEM TO BE POPPING UP ON EVERY CORNER. I'M NOT COMFORTABLE WITH THIS DEVELOPMENT AND THE VIABILITY OF IT PERSONALLY. AND I ALSO BELIEVE THAT IT'S THE WRONG PLACE. SO, I SUPPORT THE CITY'S VIEW THAT IT'S DISFAVORED. >> Chair Downs: DITTO AND DITTO, AND DITTO. I THI PROBAY TH BEST SUMMARY FOR ME IS I THINK IT'S JUST AN ISOLATED DEVELOPMENT THAT JUST DOESN'T FIT HERE. THIS IS A BUSINESS PART OF TOWN. IT NEEDS TO STAY A BUSINESS PART OF TOWN, IN MY OPINION. PROBABLY THE HOTEL, I STAY IN A LOT OF HOTELS ON BUSINESS. SO, WHAT ALL THE OTHER COMMISSIONERS SAID. I AGREE, AND I CAN'T SUPPORT THIS. >> Chair Downs: LET ME THROW MY TWO CENTS I HER RVIN ON THE COUNCIL, WE HAD AN OPPORTUNITY TO HEAR ON MORE THAN ONE OCCASION PROJECTS THAT WERE TAX-FAVORED STATUS, AND IT'S VERY DIFFICULT TO ACTUALLY PULL SOMETHING OFF -- [ CHUCKLING ] -- IN THAT REGARD. AND AS THE APPLICANT SAID, YOU KNOW, TRYING TO GET THAT VENN DIAGRAM WHERE IT COMES TOGETHER IN TERMS OF LAND USE, THE COMPREHENSIVE PLAN, MEETING THE TEXAS HEALTH REQUIREMENTS FOR SUBSIDIZED PROJECTS, ALL OF THAT IS EXTRAORDINALY DIFFICULT. AND I THINK THIS GOES BEYOND JUST SENIOR HOUSING. GOOD LUCK FINDING AFFORDABLE HOUSING OF ANY KIND IN PLANO, RIGHT? AND AFFORDABLE DOESN'T NECESSARILY MEAN HEY, THEY'RE GOING TO CHARGE YOU $100 A MONTH. IT JUST MEANS THEY HAVE THE LEEWAY TO BE ABLE TO ADJUST THEIR RENTS IN CERTAIN UNITS BECAUSE OF THE CREDITS THEY GET AROUND THE COST OF IT. AND AS MUCH AS WE WOULD LIKE TO SAY HEY, GO BUILD ONE ON ONE OF THE FOUR CORNERS. TAKE ONE OF THE CORNERS AND BUILD THIS EXACT PROJECT ON ONE OF THOSE FOUR CORNERS, IT WOULD BE PERFECT. YOU MIGHT EVEN GET MORE SUPPORT, EVEN THOUGH IT WAS MAYBE IN OPPOSITION TO THE COMPREHENSIVE PLAN. THE CHALLENGE FOR THE APPLICANT IS THAT MIGHT MEAN THEIR SCORE FOR GETTING TAX CREDITS IS A 78 INSTEAD OF A 91. AND THE CHANCES OF THEM ACTUALLY BEING ABLE TO DO THE PROJECT, PARTICULARLY AS, YOU KNOW, AFFORDABLE HOUSING IS LESS. AND IT'S A VERY COMPETITIVE MARKETPLACE. THE WALKABILITY PIECES, I AGREEA LITTLE BIT ON THIS. HONESTLY, I DON'T THINK PEOPLE WOULD MOVE HERE WITH THE IDEA THEY'RE GOING TO WALK ANYWAY. I THINK THE NOISE MITIGATION, I'VE TOLD THIS STORY BEFORE. I'M SURE SOME OF YOU WOULD BE TIRED OF HEARING IT. AS A KID GROWING UP NEXT TO THE RAILROAD TRACKS, THE HORN WENT OFF. WE MOVED TO A PLACE IN THE MIDDLE OF NOWHERE. I COULDN'T SLEEP FOR SIX MONTHS BECAUSE THE WINDOWS WEREN'T RATTLING. YOU GET USED TO THE ENVIRONMENT. YOU WOULDN'T MOVE THEREITHOUT SOE RIGHT NEXT TO A THOROUGHFARE. IN THE END, IT'S GOING TO BE FOR ME VERY MUCH THE SAME AS COMMISSIONER CARY, IS THAT THE PLAN SAYS "NO, THIS DOESN'T REALLY BELONG HERE." AND SEVERAL TIMES IT'S BEEN MENTIONED THE ISOLATION. AND I THINK BACK RECENTLY ABOUT A MONTH AND A HALF AGO WE HAD ANOTHER PROJECT, AGAIN, CLOSE TO THE FREEWAY. THAT ONE WAS TARGETED TOWARDS SENIORS AND VETERANS. AND THIS IS A LITTLE DIFFERENT SITUATION BECAUSE OF THE IDEA OF FORDABLE HOUSING. BUT MOST OF US IN THAT ONE SAID IT'S JUST ISOLATED. SO AS MUCH AS I WOULD LOVE TO APPROVE THIS, KNOWING THAT PEOPLE NEED HOUSING, THEY NEED AFFORDABLE HOUSING, AND THEY WILL LIVE ANYWHERE THEY CAN FIND THAT AT THIS POINT IN TIME, THIS DOESN'T FIT RIGHT RIGHT HERE WITH EVERYTHING THAT'S AROUND IT. THIS DOESN'T FEEL RIGHT. SO, AGAIN, AS MUCH AS I'D LIKE TO SUPPORT IT AND AS MUCH AS I UNDERSTAND SPECIFICALLY WHERE THE CLIENT -- OR THE APPLICANT IS COMING FROM IN TERMS OF THE VIABILITY OF THE PROJECT BASED ON SCORING, I JUST DON'T SEE IT GOING HERE. >> I MOVE WE DENY THIS CASE. >> SECOND. >> Chair Downs: WHO WAS THE SECOND? SO I HAVE A MOTION BY COMMISSIONER BRONSKY TO DENY ITEM 1A WITH A SECOND BY COMMISSIONER OLLEY. >> AND FOR CLARIFICATION, A VOTE OF YES IS TO DENY THE CASE. >> Chair Downs: A VOTE OF YES IS TO DENY. THAT'S CORRECT. SOMEWHAT REGRETFULLY, I DO SAY THAT THIS MOTION TO DENY PASSES 7-0. I WILL NEED A MOTION ON ITEM 1B. >> I MOVE THAT WE DENY 1B AS WELL. >> SECOND. >> Chair Downs: SO WITH A MOTION BY COMMISSIONER BRONSKY TO DENY ITEM 1B WITH A SECOND BY COMMISSIONER STONE, PLEASE VOTE. A VOTE OF YES IS TO DENY. AND THAT ITEM, THAT MOTION TO DENY CARRIES 7-0. THANK YOU. ITEM 2. >> AGENDA ITEM NUMBER 2, PUBLIC HEARING, REPLAT, LOT ONE AND BLOCK B LOT ONE, 385 MULTIFAMILY RESIDENCE UNITS ON TWO LOTS ON 5.6 ACRES LOCATED AT THE NORTHWEST CORNER OF K AVENUE AND 10TH STREET, ZONED DOWNTOWN BUSINESS GOVERNMENT, APPLICANT: TOLL BROTHERS - TB PLANO 1, LLC >> GOOD EVENING, DONNA, SENIOR PLAN WEPLANNER WITH THE PLANNING DEPARTMENT. THIS ITEM IS RECOMMENDED FOR APPROVAL. >> Chair Downs: ARE THERE ANY TECHNICAL QUESTIONS FOR STAFF ON THIS ISSUE? ALL RIGHT. SEEING NONE, I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS? >> NO. >> Chair Downs: THANK YOU. CLOSE THE PUBLIC HEARING AND CONFINE DISCUSSION TO THE COMMISSION AND STAFF. COMMISSIONER RATLIFF. >> Ratliff: I MOVE APPROVAL OF ITEM 2. >> SECOND. >> Chair Downs: MOTION BY COMMISSIONER RATLIFF TO APPROVE ITEM 2 AS SUBMITTED WITH A SECOND BY COMMISSIONER BRONSKY. PLEASE VOTE. THAT ITEM CARRIES 7-0. ITEM 3. >> AGENDA ITEM NUMBER 3, PUBLIC HEARING - REVISED PRELIMINARY REPLAT & REVISED SITE PLAN: CLASSIC BMW ADDITION, BLOCK 1, LOT 1R - NEW VEHICLE DEALER ON ONE LOT ON 23.6 ACRES LOCATED AT THE NORTHEAST CORNER OF DALLAS PARKWAY AND SPRING CREEK PARKWAY. ZONED COMMERCIAL EMPLOYMENT WITH SPECIFIC USE PERMIT NO. 539 FOR NEW CAR DEALER AND LOCATED WITHIN THE DALLAS NORTH TOLLWAY OVERLAY DISTRICT. APPLICANT: SEWELL AUTOMOTIVE COMPANIES. >> THE PRELIMINARY REPLAT IS RECOMMENDED TO APPROVAL SUBJECT TO ALTERATIONS TO THE ENGINEERING PLANS AS REQUIRED AND THE SITE PLAN IS RECOMMENDED FOR APPROVAL. HAPPY TO ANSWER ANY QUESTIONS. >> Cir Downs: THANK YOU. ANY QUESTIONSOR STAFF ON THIS ITEM? THANK YOU. OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS? >> THE APPLICANT IS AVAILABLE FOR ANY QUESTIONS FROM THE COMMISSION. >> Chair Downs: ARE THERE ANY QUESTIONS FROM THE COMMISSION FOR THE APPLICANT? THANK YOU. WE'LL CLOSE THE PUBLIC HEARING AND CONFINE DISCUSSION TO THE COMMISSION. COMMISSIONER HORNE. >> Horne: I MOVE WE APPROVE AGENDA ITEM NUMBER 3 AS PRESENTED BY STAFF FOR THE REPLAT AND REVISED SITE PLAN. >> SECOND. >> Chair Downs: OKAY. WE HAVE A MOTION BY COMMISSIONER HORNE, WITH A SECOND BY COMMISSIONER BRONSKY ON ITEM 3. PLEASE VOTE. THAT ITEM C CARRIES 7-0. ITEM 4. >> NONPUBLIC HEARING ITEMS, THE PRESIDING OFFICER WILL PERMIT LIMITED PUBLIC COMMENT FOR ITEMS ON THE AGENDA NOT POSTED FOR A PUBLIC HEARING. THE PRESIDING OFFICER WILL ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER REQUESTS, LENGTH OF THE AGENDA, AND TO ENSUREEETING EFFICIENCY AND MAY INCLUDE A TOTAL TIME LIMIT. AGENDA ITEM NUMBER 4, CALL FOR PUBLIC HEARING: ZONING CASE TO REAFFIRM CURRENT NOTICE REQUIREMENTS FOR ZONING ORDINANCE TEXT AMENDMENTS AFTER THE CITY OF AUSTIN V. ACUÑA - REQUEST TO CALL A PUBLIC HEARING TO CONSIDER AMENDING ARTICLE 4 (AMENDMENTS) OF THE ZONING ORDINANCE TO REAFFIRM HISTORIC NOTICE REQUIREMENTS AND PRACTICES REGARDING PUBLICATION OF NOTICE OF TEXT AMENDMENTS TO ENSURE COMPLIANCE WITH STATE LAW AFTER A RECENT LEGAL DECISION. APPLICANT IS CITY OF PLANO. >> GOOD EVENING, MR. CHAIR, MEMBERS OF THE COMMISSION. STAFF RECOMMENDS APPROVAL. ACTUALLY, STAFF RECOMMENDS THAT THE COMMISSION CALL A PUBLIC HEARING TO CONSIDER AMENDMENT TO ARTICLE FOUR OF THE ZONING ORDINANCE. I'M HAPPY TO ANSWER ANY QUESTIONS. >> Chair Downs: THANK YOU. QUESTIONS FOR STAFF? DO WE HAVE ANYBODY -- COMMISSIONER OLLEY. >> Olley: A QUICK QUESTION, JUST TO MAKE SURE I'M READING THIS CORRECTLY. WE ARE REQUESTING A ZONING CASE TO REAFFIRM THAT WE ARE KEEPING OUR LANGUAGE ESSENTIALLY THE SAME, AND THOSE ARE CONSISTENT WITH THE RULING OF THE ACUNA CASE? >> Chair Downs: YES. DO WE HAVE ANYBODY THAT WANTS TO SPEAK ON THIS ITEM? >> NO, WE DO NOT. >> Chair Downs: DID I DO THAT RIGHT? IT'S NOT A PUBLIC HEARING, BUT I'M SUPPOSED TO. [ LAUGHING ] TRYING TO STAY ON THE STRAIGHT AND NARROW HERE. OAY. THANK YOU. AND JUST TO REMIND COMMISSION, WE'RE NOT REALLY DISCUSSING THIS TONIGHT. ALL WE'VE GOT TO DO IS SOMEBODY MVE WE CALL A PUBLIC HEARING. >> MR. CHAIRMAN, IOVE CALL A PUBLIC HEARING ON AGENDA ITEM NUMBER 4 AS PRESENTED. >> SECOND. >> Chair Downs: OKAY. MOTION BY COMMISSIONER HORNE WITH A SECOND BY COMMISSIONER RATLIFF TO CALL A PUBLIC HEARING PER ITEM NUMBER 4 ON TONIGHT'S AGENDA. PLEASE VOTE. THAT ITEM CARRIES 7-0. >> I'LL BE READING OFF THREE ITEMS ON AGENDA NUMBER 5. 5A IS A DISCUSSION: LAND USE & HOUSING INVENTORY - PRESENTATION AND DISCUSSION ON THE LAND USE & HOUSING INVENTORY, AN IMPLEMENTATION TOOL OF THE COMPREHENSIVE PLAN. 5B IS DISCUSSION & DIRECTION: PLANNING DEPARTMENT LAND USE & HOUSING INVENTORY SNAPSHOT POLICY - DISCUSSION AND DIRECTION ON THE PLANNING DEPARTMENT'S LAND USE & HOUSING INVENTORY (LUHI) SNAPSHOT POLICY REGARDING THE REGULAR UPDATE AND ESTABLISHMENT OF LAND USE DATA TO BE USED IN REVIEW OF ZONING CNGE REQUESTS FOR CONFORMANCE WITH THE FUTURE LAND USE DASHBOARDS OF THE COMPREHENSIVE PLAN. 5C. DISCUSSION & DIRECTION: FINDINGS POLICY IMPLEMENTATION MATRIX - DISCUSSION AND DIRECTION ON THE MATRIX USED TO DETERMINE IF FINDINGS ARE REQUIRED DUE TO LACK OF CONFORMANCE WITH THE MIX OF USE SECTIONS OF THE COMPREHENSIVE PLAN FUTURE LAND USE DASHBOARDS. >> THANK YOU, MIKE BELL, COMPREHENSIVE PLANNING MANAGER. THIS IS A THREE-PIECE PRESENTATION. THEY'RE SOMEWHAT INTERRELATED. THE PURPOSE IS TO GIVE YOU SOME UNDERSTANDING OF OUR LAND USE AND HOUSING INVENTORY, WHICH IS A TOOL FOR THE COMP PLAN. SOME OF THE PRACTICAL ISSUES THAT HAVE COME UP THROUGH SIX MONTHS, SIX PLUS MONTHS OF IMPLEMENTATION OF THE NEW PLAN, AND WHAT WE ARE PROPOSING AS COMMONSENSE IMPLEMENTATION STRATEGIES TO HELP MAKE THE IMPLEMENTATION A LITTLE MORE EFFICIENT. WE'RE REALLY LOOKING FOR THE COMMISSION JUST TO GET A GOOD UNDERSTANDINAND COMFORT LEVEL WITH THESE PROPOSED SOLUTIONS. SO I'LL START OFF WITH JUST GIVING AN OVERVIEW OF WHAT THE LAND USE AND HOUSING INVENTORY IS. WE REFER TO IT AS THE LUHI. THAT'S WHAT I'M REFERRING TO. BUT JUST AS A REFRESHER, THIS IS STRAIGHT FROM THE COMPREHENSIVE PLAN 2021. AN EXAMPLE OF THE DASHBOARDS, IT SETS OUT THE GOALS FOR DIFFERENT EMPLOYMENT AND HOUSING TYPES. EACH OF THOSE IS TIED TO SPECIFIC DESCRIPTIONS IN THE COMPREHENSIVE PLAN AND THOSE COLORS THAT YOU SEE ARE REPRESENTED THEN IN THIS MAP. SO WHAT WE'VE DONE IS EVERY PROPERTY IN THE CITY HAS BEEN ALLOCATED ONE OF THOSE SEVEN DESIGNATIONS IN THE COMPREHENSIVE PLAN. WE HAVE A FEW OTHERS THAT ARE MISCELLANEOUS. FOR EXAMPLE, WE HAVE UNDEVELOPED HOUSING OR UNDEVELOPED EMPLOYMENT. WE HAVE RESIDENTIAL ZONING BUT WE DON'T NECESSARILY KNOW WHAT THE RESIDENTIAL USE WILL BE, BECAUSE IT ALLOWS A MENU OF OPTIONS UNDER THE ZONING ORDINANCE. SAME WITH EMPLOYMENT. BUT IT'S MORE THAN JUST THE ACTUAL CLASSIFICATION IN ORDER TO MAKE THIS WORK. IF YOU WERE TO TAKE A LOOK AT A SPECIFIC PROPERTY, ON THIS MAP, IT HAS ATTRIBUTED TO IT, FOR INSTANCE, THE ORANGE HERE, IF YOU WERE TO SELECT THAT PROPERTY, YOU'LL SEE THAT IT'S GOT AN ACREAGE ASSIGNED, 14.34. AND IF IT'S RESIDENTIAL IT'S ALSO GOT A NUMBER OF HOUSING UNITS ASSIGNED TO IT, EITHER EXISTING OR PLANNED. AND THEN THE WAY THIS WORKS IS WE MEASURE THESE FOR CONFORMANCE WITH THE DASHBOARDS USING A NUMBER OF DIFFERENT MEASUREMENT AREAS THAT AGGREGATES ALL THAT DATA FOR ALL THOSE PROPERTIES GEER INTO ONE OF THESE AREAS. SO FORXAMPLE, WE CAN MEASURE IT CITYWIDE. SO THESE FIVE CATEGORIES OF THE FUTURE LAND USE PLAN MEASURE ALL THE DATA TOGETHER. ANYTHING IN NEIGHBORHOODS IS MEASURED TOGETHER, DOWNTOWN CORRIDORS, MEASURED TOGETHER, AND SO ON. THE SECOND WAY WE CAN MEASURE IS PER ADJOINING CORNER OR CENTER. SO THEY'RE EITHER DIRECTLY ADJACENT OR CATTY CORNER. SO THESE ARE THE FOUR LAND USE CATEGORIES THAT MEASURE IN THAT WAY. WE HAVE 35 LOCATIONS IN NEIGHBORHOOD CORNERS, 14 O COMMUNITY CORNERS, 7 OF SUBURBAN ACTIVITY CENTERS AND TWO LOCATIONS OF URBAN ACTIVITY CENTERS. THE LAST WAY IS PER EXPRESSWAY. THIS IS ONLY APPLICABLE TO ONE CATEGORY, EXPRESSWAY CORRIDORS. WE HAVE THREE OF THOSE, U.S. 75, 121, AND THE DALLAS NORTH TOLLWAY. AND WHY I BRING THIS -- SO, I'M SORRY. SO THEN IF YOU LOOK, THIS IS JUST THE SUMMARY OF ALL THAT. WE TAKE, FOR EXAMPLE, THE SUBURBAN ACTIVITY CENTER AT PARK AND PRESTON IN THE TOP LEFT, THAT'S THE BOUNDARIES OF THAT LOCATION. LUHI INFORMATION THAT'ST'S THE APPLICABLE TO THAT MEASUREMENT AREA. BY AGGREGATING ON THE RIGHT, YOU CAN SEE THE EXISTING CONDITIONS VERSUS WHAT'S PROPOSED IN THE PLAN, AND THE EXISTING IS REPRESENTED BY THE RED BARS. IN THEORY, THAT'S WHAT THIS PROCESS IS SUPPOSED TO BE DOING. FROM A PRACTICAL IMPLEMENTATION STANDPOINT, THE LUHI IS CONSTANTLY EVOLVING WITH NEW APPROVALS FROM [ BUZZER SOUNDING ] P&Z, OR PERMITS. THE LUH DAT IS CHANGING ON A DAI. WE ARE CONSTANTLY TRACKING THE STATUS OF PERMITS. WHEN THOSE CHANGE, WE ARE PLUGGING THEM IN WHICH IMPACTS THE MEASUREMENT AREAS AND DATA CORRESPONDING. BEFORE I MOVE ON, ARE THERE ANY QUESTIONS ON THE BACKGROUND OF THE WAY THE LUHI IS WORKING? >> Chair Downs: ANY QUESTIONS ON THAT? >> A QUESTION ON HOW IT'S WORKING, I LOVE WHAT YOU'RE DOING HERE. I'M JUST CURIOUS, I DON'T SEE MUCH UNDEVELOPED HOUSING LAND HERE. HOW MUCH DO WE HAVE, IF ANY? >> ABOUT 500 ACRES. >> OKAY. THANK YOU. >> Chair Downs: WELL GO AHEAD. >> I JUST WANTED TO MAKE A COMMENT, AND I WANTED TO SAY TO YOU, MR. BELL, AS WELL AS ALL OF YOUR STAFF, CONGRATULATIONS ON THE NOMINATION FOR THE AMERICAN PLANNING ASSOCIATION FOR THE COMPREHENSIVE PLAN. I BELIEVE THAT THIS, AS WELL AS A LOT OF THE OTHER TIME AND EFFORT THAT YOURSELF AND ALL OF THE PLANNING STAFF HAVE PUT IN WILL CERTAINLY SHOW VERY WELL FOR OUR COMPREHENSIVE PLAN. AND I BELIEVE THAT WE ARE GOING TO SEE CITIES ACROSS TEXAS NOTICE AND ADOPT THINGS LIKE THE LUHI AS THEY CONTINUE TO DISCOVER WHAT IS IN OUR COMPREHENSIVE PLAN. >> Chair Downs: OKAY. SO, WE'VE ALREADY GOT GOLD MEDALS ORDERED, SO, JUST SO YOU KNOW. [ LAUGHING ] >> PEOPLE DO ASK ME WHAT'S DIFFERENT ABOUT THIS PLAN. MEASURING EXISTING CONDITIONS VERSUS PROPOSED. THIS IS THEIRST I'VE SEEN APPROACHED THIS WAY. >> Chair Downs: WELL AND THE COMMENT I WANTED TO MAKE, FIRST OFF, I MEAN, VISIONARY, BECAUSE -- AND I DON'T KNOW IF IT'S BECAUSE YOU'VE ALREADY STARTED EXPERIENCING THIS, OR JUST KIND OF ONE OF THOSE A-HA MOMENTS. WE'RE GOING TO HAVE AN APPLICATION. THIS IS THE NUMBERS BY THE TIME THAT APPLICATION GETS TO P&Z, NOW THE NUMBERS HAVE CHANGED. WHAT DO WE HOLD THE APPLICANT TO? RIGHT. SO, THIS IS A WAY OF BEING FAIR. I KNOW HAVING READ THROUGH THE PACKET, I KNOW WHERE YOU'RE HEADED. BUT THIS IS GOOD AND I LIKE THE WAY YOU'RE APPROACHINGT. IS EVERYONE CLEAR ON HOW THIS WORKS AND THE CHALLENGES THAT IA SOLUTION TO THE CHALLENGES THAT THIS COULD CAUSE? GO AHEAD. >> OKAY. THANK YOU. SO THEN MOVING ON TO PART TWO, ONE OF THE PRACTICAL IMPLEMENTATIONS, AS YOU WERE ALLUDING TO, IS WE HAVE TO USE THIS TOOL IN ZONING CASES AND PROVIDING GUIDANCE TO DEVELOPERS AND WHAT DATA THEY'RE GOING TO BE REVIEWED UNDER. AGAIN, THAT DATA IS CHANGING CONSTANTLY, SO WE CANNOT -- WE HAVE A PRACTICAL ISSUE OF THE CHANGING DATA. HOW DO WE PUBLISH AND PRESENT THAT AND HOW CAN THEY RELY UPON IT. THREE -- THE MAIN THREE REASONS WE NEED THE STABLE DATA IS IT TAKES TIME FROM ZONING TO GO FROM WHEN THEY WALK IN THE DOOR TO THE TIME IT GETS BEFORE YOU. THAT RANGE, OR THAT VARIES DEPENDING ON THE COMPLEXITY OF THE CASE. WE IS ALSO HAVE MULTIPLE CASES IN REVIEW AT THE SAME TIME. IT'S IMPRACTICAL FOR STAFF TO PREDICT THE OUTCOME. AND THEN LASTLY, THE PROPERTY OWNERS ARE USING THIS DATA TO MAKE DECISIONS. WE WANT IT TO BE RELIABLE AND A DEPENDABLE SOURCE FOR THEIR DECISION-MAKING. SO FOR THOSE REASONS, WE'VE IMPLEMENTED A QUARTERLY LUHI SNAPSHOT POLICY. THE SNAPSHOT BEING, WE'RE GOING TO TAKE THE DATA CHANGING EVERY DAY AND PUBLISH IT FOUR TIMES A YEAR, EVERY QUARTER, JANUARY 1ST, APRIL 1ST, JULY 1ST, AND OCTOBER 1ST. AND THOSE SNAPSHOTS ARE WHAT WE'LL BE USING WITH DEVELOPERS THAT COME IN THE DOOR SUBMITTING APPLICATIONS OR MAKING GENERAL INQUIRIES. HERE'S THE SNAPSHOT YOU'RE UNDER RIGHT NOW. FOR PRE-APPLICATION MEETINGS, A LITTLE BIT FORWARD WITH THAT, BECAUSE THEY'RE MAKING THAT PRE-APPLICATION SHOWING THEIR INTENT TO MOVE FORWARD WITH A NEW CASE. SO WE'RE PROPOSING THAT SNAPSHOT DATA WILL BE GOOD FOR 30 DAYS, OR UNTIL THE NEXT PUBLISHING DATE, WHICHEVER COMES LATER. JANUARY 1, YOU HAVE THREE MONTHS. MARCH 31st, YOU HAVE 30 DAYS, BECAUSE THE LUHI WILL GET PUBLISHED IN BETWEEN. AND IF YOU DON'T SUBMIT A FORMAL APPLICATION WITHIN THAT WINDOW, A NEW SNAPSHOT WILL APPLY WHENEVER YOU SUBMIT YOUR APPLICATION. WE'LL MAKE THAT KNOWN. LASTLY FOR ZONING CHANGE PETITIONS THAT YOU WILL LOCK INTOHE SNAPSHOT IN PLACE AT THE TIME YOU MAKE YOUR APPLICATION. THAT WILL CARRY FORWARD HOWEVER LONG IT TAKES YOU. WHY THAT MATTERS IS BECAUSE THE DATA OFTEN IS WHAT TRIGGERS THE FINDINGS. IF YOU SUBMIT YOUR APPLICATION AND THE FINDINGS ARE NOT REQUIRED YOU'RE GOING THROUGH THE PROCESS, BUT SOME APPROVAL HAPPENS BETWEEN THOUSAND AND THERE THAT WOULD HAVE NORMALLY TRIGGERED, IT'S NOT GOING TO TRIGGER IT. YOU'RE GOING TO STAY IN THE SAME DATA. I POINT OUT THAT THE COMMISSION CAN STILL CONSIDER THAT. COUNCIL CAN STILL CONSIDER THAT IN THEIR DECISION-MAKING PROCESS, BUT NEW ZEALAND NOT GOING TO TRIGGER THE OFFICIAL FINDINGS POLICY, THE FORMS, AND ALL THAT INFORMATION. >> Chair Downs: FOR CLARIFICATION, WHEN WE WERE IN THE MIDST OF THE COMPREHENSIVE PLAN CHANGE AND WE HAD REVERTED TO THE OLDER PLAN, OR THE MULTI-TIMES UPDATED OLDER PLAN AND HADN'T YET ADOPTED THE COMPREHENSIVE PLAN, OR WE HAD JUST ADOPTED IT, THERE WERE STILL APPLICATIONS PUT IN UNDER THE OLD PLAN. OUR -- WE HAD AN OBLIGATION TO MEASURE AND MAKE OUR DECISION BASED UPON THE OLD PLAN, EVEN THOUGH THE NEW PLAN WAS IN FORCE. UNDER A SNAPSHOT SITUATION, THE APPLICANT IS BEING MEASURED BASED UPON THE SNAPSHOT AT THE TIME THEY MADE THE APPLICATION. ARE YOU SAYING THAT WE CAN CHOOSE, BECAUSE OF OTHER DEVELOPMENTS THAT TOOK PLACE, ANOTHER PROJECT THAT WAS APPROVED, ETC., TO THEN MEASURE THE APPLICANT AGAINST SOMETHING OTHER THAN WHAT HE APPLIED FOR? >> YES. SO THERE ARE CERTAIN -- IN THE COMPREHENSIVE PLAN, THERE ARE CERTAIN STATE LAW REQUIREMENTS IN TERMS OF WHAT YOU CAN AND CANNOT CONSIDER. THIS IS AN -- OUTSIDE THE COMP PLAN IS A TOOL TO HELP YOU MAKE DECISIONS AND IT IS A CITY TOOL. SO THE COMMISSION CAN STILL FACTOR THAT INTO THEIR DECISIONS. IT'S NOT SOMETHING THAT WE CONSIDER UNDER THE RESTRICTIONS OF THE STATE LAW. FROM A PRACTICAL STANDPOINT, WE THINK IT MAKES SENSE TO KEEP ONE, BUT WE WANT TO MAKE IT CLEAR IF THERE IS A BIG APPROVAL AND EVERYBODY KNOWS ABOUT IT, AND THEY'RE ASKING WHY HAVEN'T YOU FACTORED THIS IN, WANT TO MAKE IT KNOWN YOU CAN. BUT IT'S NOT GOING TO TRIGGER THE FINDINGS. >> Chair Dow: TH'S CORRECT. SO THE FINDINGS IS GOING TO BE RELATED TO THE SNAPSHOT THAT THE PROJECT WAS APPLIED FOR. OUR DECISION COULD BE IN ANOTHER WAY. IN OTHER WORDS -- I'M NOT STATING MYSELF VERY WELL, BUT I THINK WHAT YOU SAID WAS CORRECT. WE CAN TAKE INTO ACCOUNT OTHER PROJECTS THAT WERE APPROVED, SOMETHING THAT WOULD DRAMATICALLY, PERHAPS WITH THIS NEW CASE OR PROJECT, MOVE US BEYOND THE COMPREHENSIVE PLAN. AND IT WOULD APPEAR TO BE OUT OF SCOPE AND OUT OF COMPLIANCE. HOWEVER, BECAUSE THEY APPLIED BASED ON A SNAPSHOT DATE IT WON'T REQUIRE FINDINGS IN THAT CASE. DOES THAT MAKE SENSE? >> RIGHT. AND THAT'S WHAT WE WERE TRYING TO DO WAS MAKE IT SO THAT YOU KNEW IF YOU HAD FILL OUT FINDING FORMS AND SO THAT THE STAFF RECOMMENDATION WOULDN'T HAVE TO CHANGE AT THE LAST MINUTE, THAT THERE'S SOME CERTAINTY THERE FOR THE PROPERTY OWNER. BUT AS MIKE SAID, YOU COULD BE IN A SITUATION WHERE EVERYBODY KNOWS THAT SOMETHING VERY LARGE WAS JUST APPROVED,OU KNOW, TWO WEEKS BEFORE AT A COUNCIL MEETING. TO MAKE YOU PUT BLINDERS ON AND PRETEND LIKE THAT DIDN'T HAPPEN -- WE DIDN'T WANT YOU TO BE IN THAT SITUATION. YOU WON'T HAVE TO FILL OUT A FINDINGS FORM, BUT YOU COULD STILL USE, AS ONE OF YOUR REASONS FOR APPROVING OR DENYING THAT YOU KNOW THAT THAT NEW DEVELOPMENT HAS COME IN. >> Chair Downs: THIS IS MORE ABOUT THE REQUIREMENT OF FINDINGS THAN THE DECISION-MAKING BY THE COMMISSION OR COUNCIL. >> CORRECT. >> Chair Downs: OKAY. >> I DO HAVE A QUESTION WITH THAT THOUGH. AS WE GET CASES ONE WEEK WE GET ONE MEETING WE GET A CASE THAT TAKES UP 150 ACRES OF RESIDENTIAL AND MIXED USE, IT CHANGES LUHI'S DYNAMICS, WE ONLY HAVE 500 ACRES LEFT OF RESIDENTIAL. SO, THE NEXT PETITION WE GET WAS FILED W WITHIN THAT SNAPSHOT PERIOD. IT'S GOING TO BE COMPLIANT WITH THE LUHI THAT HE IS PUTTING HIS PETITION TOGETHER, REGARDLESS OF THE 150 THAT WAS APPROVED REDUCING THAT NUMBER. CORRECT? THAT'S CORRECT. SO WE WILL NOT HAV TO WRY OUTREPARING A FINDINGS ON THAT. >> Chair Downs: CORRECT. >> BUT IF HE MISSED HIS DEADLINE, INTO THAT QUARTER OR BY THE 30 DAYS THEREAFTER, HE WOULD HAVE TO APPLY TO THE NEW LUHI STANDARD. >> CORRECT. >> OR THE NEW SNAPSHOT, I SHOULD SAY. ARE WE GOING TO BE SEEING QUARTERLY BASIS THE UPDATED LUHIs? >> IT'S AVAILABLE ON THE WEBSITE, BUT WE CAN PROVIDE THAT. >> BECAUSE WHEN WE LOOK AT THESE PETITIONS, WE'LL NEED TO KNOW THIS IS BASED ON THE JANUARY 1ST LUHI, FOR INSTANCE, OKAY? I THINK THAT'S SOMETHING WE PROBABLY NEED. >> Chair Downs: I THINK IT'S LIKELY BASED ON THE EXCELLENCE LEVEL OF OUR STAFF THAT WE'RE GOING TO BE MORE THAN WELL-INFORMED WHEN IT COMES TO THESE. >> Horne: I'M SURE. THANKS. >> Chair Downs: COMMISSIONER OLLEY. >> Olley: I MIGHT JUST BE SLOW TODAY. [ LAUGHING ] >> Olley: THE LUHI TOOL DOES HELP YOU DETERMINE IF A ZONING CASE IS IN COMPLIANCE WITH THE COMP PLAN, WHICH DRIVES YOUR RECOMMENDATION CORRECT? >> THE LUHI MEASURES THE MIX OF USES SECTION OF THE COMPREHENSIVE PLAN, WHICH THE FINDINGS POLICY SAYS IF YOU DON'T COMPLY WITH THAT THEN YOU HAVE TO HAVE THE FINDINGS, WHICH IS WHY WE MEASURE IT SO CLOSELY. >> Olley: OKAY. JUST HYPOTHETICALLY. >> SURE. >> Olley: BASED ON THE SNAPSHOT THAT WAS TAKEN A QUARTER AGO, MIX OF USE IS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN AND THE STAFF'S RECOMMENDATION IS WE SHOULD APPROVE. BUT WE KNOW SOMETHING JUST HAPPENED TWO WEEKS AGO THAT THROWS IT TOTALLY OUT. WHICH IF THE STAFF HAD THAT INFORMATION, IT MOST LIKELY WOULD BE DISFAVORED, AND WE ALL DENY IT BASED ON THAT. WHY DOESN'T THAT TRIGGER FINDINGS? STAFF IS RECOMMENDING WE APPROVE IT. >> Chair Downs: RIGHT. >> IT'S ONLY WHEN IT'S APPROVED AND GOING TO THE CITY COUNCIL THAT THEY NEED OUR INFORMATION. >> Olley: GOTCHA. OKAY. >> I THINK THAT'S AN EXAMPLE -- Oll: THEN. >> RIGHT. >> Olley: STAFF IS RECOMMENDING AND WE DENY IT -- >> Chair Downs: STAFF WOULD NOT RECOMMEND DENIAL IF IT WAS SUBMITTED UNDER A SNAPSHOT IN WHICH IT STILL WAS IN COMPLIANCE. THEY'RE GOING TO RECOMMEND APPROVAL. WE CAN TAKE INTO CONSIDERATION THAT THINGS HAVE CHANGED. AND WE COULD GO AGAINST STAFF'S RECOMMENDATION FOR APPROVAL BECAUSE WE KNOW THAT A LARGE PROJECT WAS APPROVED OR SOMETHING EE. SO WE COULD ALWAYS VOTE TO DENY EVEN THOUGH STAFF RECOMMENDED APPROVAL. EITHER WAY, THERE WOULDN'T BE FINDINGS REQUIRED. OKAY? >> Olley: APPRECIATE THAT. >> Chair Downs: THAT'S CORRECT? OKAY. >> JUST ONE QUICK QUESTION. TO COMMISSIONER HORNE'S CONCERN, IN YOUR REPORT, ON EACH ITEM YOU'RE GOING TO INCLUDE THE INFORMATION AS IT RELATES TO THE LUHI AND THE TIMEFRAME THERE, CORRECT? >> YES SOE PROVIDE THAT DATA NOW. IT'S JUST THEERCENTAGES. WE DON'T GIVE ALL THE RAWATA, BUT YES. IF THAT WAS APPLICABLE, WE WOULD LIST THAT OUT FOR YOU. >> THANK YOU. >> Chair Downs: I IMAGINE IN ANY SITUATION WHERE THIS IS OCCURRING, THEY COMMUNICATE WITH US SO WELL. WE'RE NOT GOING TO BE MAKING AN UNINFORMED DECISION, I PROMISE YOU THAT. COMMISSIONER RATLIFF. >> Ratliff: FIRST OF ALL, VERY THOROUGH UNINTENDED CONSEQUENCES THAT I WOULD HAVE NEVER THOUGHT OF UNTIL I READ THIS AND I WAS LIKE, THAT MAKES PERFECT SENSE. SO, THANK YOU FOR FIGURING OUT A SOLUTION. MY ONLY CONCERN ABOUT THE WHOLE PROCESS IS THAT 30 DAYS FOR THE PEOPLE THAT JUST HAPPEN TO WALK IN THE DOOR AT THE WRONG TIME IS A REALLY SHORT WINDOW TO GET A ZONING APPLICATION IN THAT'S COMPLETE. I'M CONCERNED THAT WHAT YOU'RE GOING TO GET IS A VERY INCOMPLETE, CRUDELY FASHIONED SUBMITTAL THAT WILL END UP CREATING A LOT MORE WORK FOR Y'ALL THAN ONE THAT'S THOUGHT OUT AND PROPERLY PREPARED. HAVE YOU GIVEN THOUGHT TO MAKING THAT 60 OR 90 DAYS? IF I WALK IN ON APRIL 1ST I HAV 90 DS. ON MARCH 28TH I'VE GOT 30 DAYS. >> WE DID CONSIDER THOSE, AND IF THAT'S THE DIRECTION OF COMMISSION, WE WOULD CONSIDER THOSE IDEAS. 30 DAYS WAS WHAT WE LANDED ON BASED ON IT'S A GOOD PRACTICE IN OTHER PLANNING DEPARTMENTS, THAT DO PRE-APPLICATION MEETINGS, YOU GET A WINDOW TO APPLY. 30 DAYS SEEMED FAIR BUT WE COULD DO MORE. WE DIDN'T WANT THE IDEA THAT THIS APPLICATION HAS BEEN SITTING OUT THERE FOR 90 DAYS AND THEY DON'T COME IN AND NOW IT'S 180 DAYS OLD. >> VALID CONCERN. I WAS TRYING TO UNDERSTAND YOUR LOGIC. THE WHOLE THING WAS SO WELL THOUGHT OUT, I WANTED TO UNDERSTAND WHERE YOU ENDED UP WITH 30 DAYS. THAT MAKES SENSE. ALL RIGHT. THANK YOU. AGAIN, VERY WELL-DONE. >> Chair Downs: I THINK MAYBE I'M WRONG HERE, BUT AS LONG AS THIS POLICY IS WELL-COMMUNICATED TO THEEVELERS THAT COM IN, MOMOST OF THEM AREN'T INEXPERIENCED WITH THIS. THEY'LL FIGURE OUT THE TIMING AND PRESENT ACCORDINGLY. THEY'LL ALSO KNOW IF ANOTHER LARGE DEVELOPMENT IS POTENTIALLY BEING PROPOSED THAT WOULD IMPACT THEIR DEVELOPMENT BECAUSE OF A SNAPSHOT DATE. THAT WOULD BE MY GUESS. LET'S MOVE ON. WE'RE ALL CLEAR ABOUT SNAPSHOTS, WHY THEY'RE NEEDED. SO . . . >> OKAY, WE CLARIFIED THAT. SO, MOVING ON TO THE LAST PIECE HERE, THIS IS A DIFFERENT ISSUE. AS WE'VE SEEN, WE'VE BEEN REVIEWING LOTS OF PRE-APPLICATIONS. THIS IS ANOTHER ISSUE THAT'S COME UP. SO, AGAIN, WHEN ARE THE FINDINGS REQUIRED, THERE ARE FOUR TRIGGERS. MIX OF USES, BUILDING HEIGHT, DENSITY. TWO,HREE, AND FOUR ARE EASY. MIX OF USES IS CHANGIN A BIT BECAUSE OF THE DYNAMICS OF THIS. AND SO I'M GOING TO FOCUS ON THAT ONE. THAT'S WHAT THIS POLICY IS REALLY ABOUT. WHEN THE DASHBOARDS WERE PREPARED, THE IDEA WAS IN A PERFECT WORLD, ALL THE LINES -- EVERYBODY'S LAND USE IN THE LINES WOULD BE IN CONFORMANCE WITH THE PLAN. THAT'S WHAT WE'RE SHOOTING FOR. IN REALITY, THERE ARE SOME AREAS THAT ARE WAY BELOW, WAY ABOVE ALREADY. WHEN YOU START PLUGGING IN THE NUMBERS, WE'RE SEEING SOME DYNAMICS WHERE WE'RE CALLING THEM NET NEUTR SITUATIONS WHERE IT'S KIND OF NEGATIVE ON ONE END BUT POSITIVE ON ONE END. DOES THAT TRIGGER FINDINGS, WAS THAT WHAT WAS INTENDED. AN EXAMPLE HERE THAT I HAVE FOR YOU IS SAY THEY'RE STARTING OFF ON THE LEFT AS RETAIL. THE RED LINE IS WHERE THEY ARE, DASHED BLUE WHERE THEY'RE GOING, MOVING AWAY FROM THE TARGET. WHAT THEY'RE GOING TO ON THE INSTITUTIONAL IS GOING UP, WITHIN THE RECOMMENDED BAR. SO WHAT THEY'RE REALLY GOING TO IS WHAT WE WANT. BUT WE'RE SUFFERING A LITTLE BIT ON WHAT'S EXISTING. AGAIN, WAS THAWHATAS INTENDED TO TRIGGER FINDINGS? THE SECOND SITUATION IS, OKAY, THEY'RE BOTH IMPROVING. SO, WE'RE GOING TO DECREASE THE MULTIFAMILY TYPES ON THE FAR RIGHT GOING CLOSER TO THE COLORED BAR AND GO UP ON THE DETACHED SINGLE-FAMILY BUT NEITHER ARE WITHIN THE BAR. THAT'S MOVING IN THE RIGHT DIRECTION, ALTHOUGH NOTHING IS WITHIN -- IT DOESN'T CONFORM TO THE DASHBOARDS. SO IN THAT SCENARIO, WE WOULD SAY THAT SHOULD NOT TRIGGER FINDINGS. >> Chair Downs: LET ME ASK A QUESTION, GO BACK TO THAT SLIDE. IT'S IMPORTANT TO MAKE A DISTINCTION. SO -- AND THIS IS FOR MY EDIFICATION HERE. A PROJECT COMES IN, THE ONE ON THE LEFT. A PROJECT COMES IN AND WHAT THEY'RE PROPOSING DOES NOT COMPLY WITH THE COMPREHENSIVE PLAN. BUT THAT DOESN'T MEAN IT'S GOING IN A NEGATIVE DIRECTION. WE'RE NOT EXCEEDING A LIMIT, WE'RE SIMPLY MOVING BELOW ONE. WE CAN'T REQUIRE AN APPLICANT TO SOMEHOW OR ANOTHER MICALLY MOVE A CORNER THAT IS NOT IN COMPLIANCE INTO COMPLIANCE WHEN THE ONE THING THEY'RE WANTING TO DO IS NOT BE CAPABLE OF DOING THAT. SO, WHAT YOU'RE PROPOSING HERE IS THAT A PROJECT MAY BE OUTSIDE THE COMPREHENSIVE PLAN. IT MAY NOT COMPLY. BUT IT'S NOT MOVING AGAINST THE PLAN, IT'S MOVING US CLOSER TO BEING IN COMPLIANCE. THEREFORE, WHY WOULD WE WANT TO REQUIRE FINDINGS EVEN THOUGH THE PROJECT IS NOT IN COMPLIANCE WITH THE COMPREHENSIVE PLAN. >> CORRECT. GOING -- Downs: NOW, YOU'RE >> VERY STRICT INTERPRETATION OF CONFORMANCE. >> Chair Downs: A VERY STRICT INTERPRETATION RIGHT. SO ON THE RIGHT-HAND SIDE, AGAIN, WE'RE LOSING MULTIFAMILY, WE'RE GAINING SINGLE-FAMILY, BUT THEY'RE STILL NOT PUTTING US WITHIN THE COMPREHENSIVE PLAN REQUIREMENTS. WHY WOULD WE NOT APPROVE THE PROJECT? IT IMPROVES OUR SITUATION IN RELATION TO BEING IN COMPLIANCE WITH THE PLAN. SO WHY WOULD WE, THEREFORE, WHY SHOULD STAFF HAVE TO RECOMMEND DENIAL AND WHY WOULD WE HAVE TO DO FINDINGS IF THE PROJECT IMPROVES THE OVERALL SITUATION IN THA AREA. IS THAT -- THAT'S WHERE YOU'RE HEADED WITH THIS. SO WE WANT TO GET THAT MINDSET BEFORE WE GO TO THE MATRIX, WHICH IS A LITTLE MORE -- SEVERAL DIFFERENT OPTIONS. BUT I SEE SOME PUZZLED LOOKS ALREADY. COMMISSIONER BRONSKY. >> Bronsky: YEAH. THERE ARE SITUATIONS WHERE THERE E COMPETING INTERESTS WITHIN THE COMPREHENSIVE PLAN TT YOU SUGGT APPROVAL FOR USING YOUR EXPERIENCE KNOWLEDGE AND TRAINING CORRECT? >> CORRECT. >> Bronsky: AND PERSONALLY, I DO NOT SEE THE REQUIREMENT FOR US TO DO FINDINGS PENALIZING EITHER THE DEVELOPER OR THE PLANNING DEPARTMENT IN ANY WAY. I PERSONALLY PREFER THE MORE STRICT READING OF THE PLAN, BUT I DO CERTAINLY UNDERSTAND THE NECESSITY FOR WHAT YOU'RE PRESENTING AND HOW YOU'RE GOING ABOUT IT. SO I JUST WANT TO SAY THAT OUT LOUD, BECAUSE THAT WAS KIND OF WHAT I WAS THINKING WHEN YOU WERE TALKING. THE PLANNING DEPARTMENT CAN STILL SUGGEST APPROVAL FOR SOMETHING THAT DOESN'T FULLY COMPLY WITH THE PLAN. AND US HAVING TO DO FINDINGS -- THERE IS NO PENALTY FOR US SAYING YES TO THAT. >> Chair Downs: WELL SO, IS STAFF TYPICALLY GOING TO RECOMMEND APPROVAL OF SOMETHING THAT DOES NOT COMPLY WITH THE COMPREHENSIVE PLAN? >> GENERALLY, NO. AND SPECIFICALLY IF IT DOES NOT COMPLY WITH THE THINGS THAT TRIGGER FINDINGS WE ARE NOT. >> Chair Downs: AND THAT'S WHY WE'RE NEEDING TO FINE-TUNE OUR REQUIREMENTS ON FINDINGS, BECAUSE THAT HELPS STAFF WITH THEIR ABILITY TO MAKE APPROPRIATE RECOMMENDATIONS UNDER THE COMPREHENSIVE PLAN. SO AGAIN, IF A PROJECT COMES IN AND IT'S TECHNICALLY NOT IN COMPLIANCE WITH THE COMPREHENSIVE PLAN, BUT THAT PROJECT DOES NOT IN ANY WAY -- IT MOVES US CLOSER TO BEING IN COMPLIANCE IN AN AREA WHERE WE'RE NOT. STAFF WOULD LOVE TO RECOMMEND APPROVAL OF THAT. WE WOULD LOVE TO RECOMMEND APPROVAL OF THAT PROJECT IN ALL LIKELIHOOD. BUT OUR CURRENT STATUS AND POLICY FOR FINDINGS IS SO STRICT ON ANYTHING THAT IS NOT IN COMPLIANCE. IF A PROJECT DOESN'T GET US INTO COMPLIANCE BUT HELPS US GET CLOSER TO COMPLIANCE, THAT'S A GOOD THING. WE WOULD ALL LIKE TO BE ABLE TO SAY THIS IS APPROVED. CURRENTLY, IT WOULD BE VERY DIFFICULT TO DO THAT BECAUSE THE LANGUAGE IS SO STRICT AROUND THAT. >> Bronsky: OKAY. >> Chair Downs: AM I ON THE RIGHTAGE THERE? >> YES. >> Bronsky: I AGREE WITH WHAT YOU'RE SAYING EXACTLY. IT MAKES PERFECT SENSE. AND ■I JUST WANT TO SAY OUT LOU, SHOULD THESE SITUATIONS ARISE WHERE THIS PERFECT STORM FITS, I THINK IT'S ULTRA IMPORTANT AND WAS ALSO PART OF WHAT WE TALKED ABOUT IN THE PLAN IN MAKING SURE THAT WE COMMUNICATE VERY CLEARLY TO OUR CITIZENRY -- >> Chair Downs: SURE. >> Bronsky: THAT ALTHOUGH THIS SITUATION SEEMS OUT OF COMPLIANCE, IT IS ACTUAY MOVING US CLOSER TOWARD THE GOALS THAT WE HAD SET IN THE PLAN. >> Chair Downs: EXACTLY. >> Bronsky: THAT'S ALL I WANTED TO MAKE SURE I MENTION, IS THAT SHOULD THESE SITUATIONS ARISE, WE NEED TO BE PINPOINT ACCURATE IN DESCRIBING AND EXPLAINING THE FULL BREADTH AND DEPTH TO WHICH THIS IS ACTUALLY OCCURRING. >> Chair Downs: SURE. SO NOW, LET'S GO ON TO THE MATRIX. >> CERTAINLY. SO WE HAVE ATTACHED, THIS IS A SIMPLIFIED VERSION OF WHAT YOU HAVE IN YOUR PACKET, BUT THE IDEA IS THE FIRST COLUMN IS WHAT YOU'RE STARTING WITH. WE'RE GOING TO USE AN EXAMPLE OF OFFICE TYPES. THE MIDDLE COLUMN IS WHAT YOU'RE GOING TO, YOU'RE PROPOSING TO BE A RETAIL TYPE. THE RESULT IS WHETHER FINDINGS ARE REQUIRED OR NOT. MOVING ACROSS THAT TOP ROW WE'LL SAY YOU HAVE OFFICE. YOU'RE PROPOSING TO NO LONGER HAVE OFFICE. SO IF YOU DO THAT, IT THEN REMOVES THE AMOUNT OF OFFICE OUTSIDE -- MOVES IT OUTSIDE, REMAINS OUTSIDE OF THAT DESIRABLE RAGE, THE COLORED BAR CHART. THAT'S A NEGATIVE IMPACT, RED, GOING AWAY FROM THE GOAL. WHAT YOU'RE GOING TO, RETAIL, MOT SCENARIO I SHOWED YOU. THAT'S A GOOD THING. THAT'S A POSITIVE STEP. IN THAT CASE WE COULD SAY THAT'S POSITIVE, A NET POSITIVE. NO FINDINGS WOULD BE TRIGGERED. IF YOU -- IT WAS MOVING OUTSIDE AND THE RETAIL THAT YOU'RE GOING TO IS ALREADY ABOVE, THEN THAT'S BOTH NEGATIVE SO WE'RE GOING TO SAY THAT'S NOT IN CONFORMANCE AND YOUR FINDINGS WOULD BE REQUIRED. DOES THAT MAKE SENSE TO EVERYBODY? >> Chair Downs: THAT MAKES SENSE. >> ON THE NEXT STEP, MOVING TO THE SECOND ROW THERE, IT MOVES AND REMAINS OUTSIDE BUT IT'S IMPROVING SO THAT'S A GOOD THING. IT'S GETTING CLOSER TO OUR GOA BUT WTOU'RE GOING TO, THE GREEN, IT'S ALSO MOVING CLOSER TO THE GOAL. SO TWO GOOD THINGS. WE'RE MOVING CLOSER OR MOVING INSIDE. THAT'S A POSITIVE IMPACT, NO FINDINGS ARE REQUIRED. BUT THE SECOND HALF OF THAT IS WHAT YOU'RE LEAVING IS MAKING IT BETTER, BUT WHAT YOU'RE GOING TO IS MAKING IT WORSE. WE'RE PROVIDING EMPHASIS ON WHAT YOU'RE GOING TO, THAT IS NOT IN CONFORMANCE AND FINDINGS SHOULD BE REQUIRED. EVERYBODY CLEAR ON THAT ONE? >> Chair Downs: YES. >> THE THIRD ONE, WE'RE MOVING -- REMAINING INSIDE. THAT'S A POSITIVE TNG. WHAT WE'RE MOVING TO IS ALSO INSIDE, OR CLOSER TO. AND THAT IS A POSITIVE IMPACT, DOES NOT REQUIRE FINDINGS. AND THE SECOND IT MOVES OUTSIDE AND DOES TRIGGER FINDINGS. I MIGHT COPY THAT AGAIN. >> Chair Downs: PARDON? THINKING I HAVE THE SAME THING AS THE SECOND ROW. LET ME JUST CHECK MY NOTES REAL QUICK. >> Chair Downs: I THINK THAT MAKES SENSE TO ME, THOUGH. IF YOUR OFFICE TYPES MOVE OR REMAINS INSIDE THE RECOMMENDED RANGE, BUT YOUR RETAIL TYPE NOW MOVES OUTSIDE ITS RECOMMENDED RANGE IT'S CONSIDERED A NEGATIVE IMPACT. >> RIGHT. >> Chair Downs: IN EACH CASE WHAT YOU'RE DOING IS SAYING LOOK, IF THERE IS ANY NEGATIVE IMPACT FROM THIS PROJECT, ANY AT ALL, WE'RE GOING TO REQUIRE FINDINGS, EVEN IF THERE'S A POSITIVE TO IT. UNLESS THERE'S TWO POSITIVES, ANY NEGATIVE IS GOING TO REQUIRE FINDINGS. >> NOT QUITE. WE'RE EMPHASIZING IF WHAT YOU'RE GOINGO IS POSITIVE THE FINDINGS WILL NOT BE REQUIRED. IF WHAT YOU'RE GOING TO IS NEGATIVE THEN WE WILL REQUIRE THE FINDINGS. >> Chair Downs: THAT'S WHAT I'M SAYING. IF YOU HAVE TWO POSITIVE THINGS HAPPENING, EVEN IF YOU'RE REMAINING OUTSIDE THE TARGETS, YOU HAVE TWO POSITIVES, THERE WON'T BE FINDINGS REQUIRED. BUT IN ANY CASE WHERE YOU HAVE A POSITIVE AND A NEGATIVE IMPACT, YOU'RE GOING TO REQUIRE FINDINGS. >> NOT NECESSARILY. IF THERE'S A POSITIVE AND A NEGATIVE AS LONG AS THAT POSITIVE IS WHAT YOU'RE GOING TO, THEN WE WILL NOT REQUIRE THE FINDINGS. >> Chair Downs: SO THE ONLY CASE, THEN, WHERE IT'S GOING TO REQUIRE -- >> IT'S THE VERY TOP CASE. >> Chair Downs: I'M LOOKING AT IT. IF IT MOVES OR REMAINS OUTSIDE THE DESIRABLE RANGE AND RETAIL MOVES INSIDE OR CLOSER TO, THAT'S A POSITIVE. SO YOU CAN HAVE TWO NEGATIVES IS WHAT YOU'RE TALKING ABOUT. >> Chair D >> WITH TWO NEGATIVES, FINDINGS. POSITIVE AND NEGATIVE WE'RE EMPHASIZE WHAT YOU'RE GOING TO. AS LONG AS THE POSITIVE IS ON THE SIDE OF WHAT YOU'RE PROPOSING TO DO WE THINK THAT'S A POSITIVE IMPROVEMENT TO THE PLAN, THE FINDINGS ARE NOT GOING TO BE REQUIRED. IF WHAT YOU'RE PROPOSING TO GO TO IS A NEGATIVE THEN THAT IS WHAT'S GOING TO TRIGGER THE FINDINGS. >> SO LET ME MAKE SURE -- I'M GOING TO TRY TO RESTATE THIS THE WAY I'M UNDERSTANDING IT. WE'RE NOT GOING TO ALLOW A NEGATIVE MOVE TO END UP WITH A NEUTRAL RECOMMENDATION REGARDLESS OF IF THE MOVE IS A POSITIVE FOR WHAT WE'RE LEAVING. SO, WE'RE NOT GOING TO LET SOMETHING IMPROVE OUR CURRENT SITUATION AND MAKE OUR FUTURE WORSE. >> CORRECT. >> BUT IF IT'S MAKING OUR PRESENT SITUATION A LITTLE WORSE BUT OUR FUTURE BETTER, THEN IT WILL BE NO FINDINGS REQUIRED. >> CORRECT. SO FOR EXAMPLE, YOU MIGHT HAVE WHERE YOU'RE GOING FROM -- MIGHT BE LEAVING OFFICE AND WE HAVE PLENTY OF OFFICE. AND SO THAT' STILL -- YOU'RE STILL IN THEANGE OF WHAT OFFICE IS RECOMMENDED BUT YOU'RE GOING TO MULTIFAMILY. MULTIFAMILY IS NOT RECOMMENDED. IN THAT CASE, WE'RE GOING TO SAY WHAT YOU'RE GOING TO IS NOT CONSISTENT. SO, THEREFORE, WE'RE GOING TO TRIGGER THE FINDINGS. >> OKAY. THANK YOU. >> Chair Downs: COMMISSIONER OLLEY. AND I THINK YOU'RE SAYING THE SAME THING I'M SAYING, WE'RE JUST SAYING IT A DIFFERENT WAY. WE LI LOOKED AT THE TOP LINE. WE START WITH A NEGATIVE. MOVES AND REMAINS OUTSIDE THE DESIRABLE RANGE. THAT'S CONSIDERED A NEGATIVE FOR YOU RIGHT? >> CORRECT. >> Chair Downs: OKAY. BUT, WHAT WE'RE GOING TO IS A POSITIVE. THEREFORE, WE'RE ALLOWED TO LOOK AT THAT. >> RIGHT. >> Chair Downs: IT'S REALLY MORE ABOUT THE NEGATIVE, WHERE WE'RE HEADED, VERSUS -- YEAH. >> I THINK IT'S IMPORTANT TO NOTICE THIS, BECAUSE IN MY EXPERIENCE WITH THE PRE-APPLICATIONS, MOST OF THE SCENARIOS ARE GOING TO FALL INTO ONE OF THESE THREE CATEGORIES. THEYE MOSTLY NOT LINED UP PERFECTLY IN EITHER DIRECTION. >> Chair Downs: OKAY. >> ALL RIGHT. IS THERE GENERAL AGREEMENT WITH THAT'S WHAT WE'RE LOOKING FOR WITH THE USE OF THIS MATRIX? >> Chair Downs: KEEP IN MIND, WHAT HE PUT IN OUR PACKET WAS MORE DETAILED THAN THIS. ARE WE GOOD? WHAT'S MORE IMPORTANT IS WHERE WE'RE HEADED THAN WHERE WE ARE. OKAY. >> THAT'S MY PRESENTATION. THANK YOU. >> Chair Downs: ANY ADDITIONAL QUESTIONS ON ITEMS 5? THERE'S NO ACTION REQUIRED, JUST GUIDANCE. ARE WE GOOD? OKAY. THANK YOU. MOVING ON. >> AGENDA ITEM NUMBER 6 IS SUBCOMMITTEE APPOINTMENTS: PLANNING POLICY DOCUMENTS - APPOINT COMMISSIONERS TO AD-HOC PLANNING & ZONING SUBCOMMITTEES TO REVIEW LONG-STANDING POLICY DOCUMENTS. >> GOOD EVENING, COMMISSIONERTION, I'M DREW, LEAD PLANNER WITH THE PLANNING DEPARTMENT. THIS IS A CONTINUATION OF A SERIES OF ITEMS REGARDING THE REVIEW OF LONG-STANDING PLANNING POLICY DOCUMENTS. APPOINTMENT OF COMMISSIONERS TO SUBCOMMITTEES FOR THE REVIEW OF GROUP THREE OF THE PLANNING DOCUMENTS. TO RECAP THE PURPOSE OF THE REVIEW, ONE OF THE PRIMARY RESPONSIBILITIES OF THE PLANNING DEPARTMENT IS DEVELOPING PLANS, POLICIES, AND PROGRAMS TO GUIDE PHYSICAL DESIGN AND DEVELOPMENT IN ALIGNMENT WITH THE VISION AND GOALS OF THE COMPREHENSIVE PLAN. NUMEROUS DOCUMENTS HAVE BEEN COMPLETED OVER THE YEARS. MANY OF THESE NO LONGER SUPPORT THE GO GOALS AND RESULT IN CONFUSION WHEN PROVIDING GUIDANCE. ON APR 18TH, 2022, THE PLANNING AND ZONING COMMISSION GAVE US DIRECTION ON HOW TO ORGANIZE THE POLICY DOCUMENTS FOR FURTHER REVIEW. GROUP ONE WERE POLICY DOCUMENTS RECOMMENDED FOR RETIREMENT OR APPEAL. THE REVIEW OF THESE DOCUMENTS IS NOW COMPLETE. THE P&Z COMMISSION RECOMMENDED REPEAL AT THE MAY 16TH, 2022 COMMISSION MEETING AND CITY COUNCIL APPROVED REPEAL AT THE JUNE 13TH, 2022 COUNCIL MEETING. THE ITEM TONIGHT IS IN REGARDS TO GROUP THREE, POLICY DOCUMENTS TO BE REVIEWED BY A COMMISSION SUBCOMMITTEE. SO FOR SOME MORE INFORMATION ON GROUP THREE, THESE ARE DOCUMENTS THAT MAY OR MAY NOT BE RELEVANT FOR DECISION-MAKING AND THE PLANNING DEPARTMENT IS SEEKING ADDITIONAL DIRECTION FROM THE COMMISSION. THIS DIRECTION MAY BE WHETHER TO RETAIN, RETIRE, OR INCORPORATE THEM INTO OTHER POLICY DOCUMENTS. AN EXAMPLE ON YOUR SCREEN IS THE PLANO'S LAND USE AND TRANSPORTATION STUDY FOR THE D.A.R.T. PARKER ROAD STATION FROM 1998. THIS STATION AREA HAS SINCE GONE IN A DIFFERENT DIRECTION SINCE THE ORIGINAL PLAN. THE ORIGINAL PLAN INTENDED MUCH MORE TRANSIT-ORIENTED DEVELOENT. AND THE STATION NOW HAS MUCH DIFFERENT CONDITIONS FROM THE ORIGINAL PLAN. SO, THE PURPOSE OF THIS ITEM IS FOR THE CHAIR IN ACCORDANCE WITH THE COMMISSION RULES AND PROCEDURES TO APPOINT SUBCOMMITTEES AND SUBCOMMITTEE CHAIRS TO REVIEW THE GROUP THREE POLICY DOCUMENTS. RECOMMENDATIONS OF THE SUBCOMMITTEES WILL APPEAR ON FUTURE AGENDAS FOR CONSIDERATION BY THE FULL COMMISSION. AND THE DIRECTION OF THE FULL COMMISSION WILL ULTIMATELY PROCEED TO CITY COUNCIL SHOULD THERE BE INTEREST IN RESCINDING THE GROUP THREE DOCUMENTS HAVE BEEN DIVIDED INTO THREE SUBGROUPS BY SIMILAR THEMES FOR . SO SUBCOMMITTEE NUMBER ONE, DOCUMENTS REGARDING MIXED USE. SUBCOMMITTEE NUMBER 2 WOULD REVIEW DOCUMENTS REGARDING CITYWIDE STANDARDS. AND SUBCOMMITTEE THREE WOULD REVIEW DOCUMENTS REGARDING EAST PLANO AND EACH GROUP CONSISTS OF FOUR DOCUMENTS. STAFF WILL SUPPORT THESE EFFORTS BY PROVIDING A PACKET OF REVIEW MATERIALS FOR EACH SUBCOMITTEE AND WILL WORK WITH SUBCOMMITTEE CHAIRS TO SCHEDULE THE MEETINGS. SUBCOMMITTEES WILL BE DISSOLVED FOLLOWING REPORTS TO THE FULL COMMISSION. AND WITH THAT, STAFF RECMENDS THE CHAIR APPNT PLANNING AND ZONING AD HOC SUBCOMMITTEES TO REVIEW GROUP THREE OF THE DOCUMENTS. AND I'M AVAILABLE FOR ANY QUESTIONS. >> Chair Downs: OKAY. ANY QUESTIONS SPECIFICALLY? WE'LL GO THROUGH THE PROCESS HERE IN JUST A SECOND. AND I PUT TOGETHER -- WE HAD A CALL, COMMISSIONER HORNE AND MR, I THINK WAS ON THE CALL. WE KIND OF WORKED THROUGH ALL OF THIS. [ CLEARING THROAT ] ULTIMATELY, WE'RE GOING TO -- AS I SAID, WE'RE GOING TO APPOINT THREE COMMITTEES. THERE WILL BE THREE COMMISSION MEMBERS ON EACH COMMITTEE TO TACKLE THESE ITEMS, WORKING JOINTLY WITH STAFF. STAFF WILL PROVIDE GUIDANCE, THE MATERIALS WE NEED, RESPONSES TO QUESTIONS FOR THAT GROUP WITH THE IDEA BEING TO COME BACK TO THE FULL COMMISSION AT SOME POINT IN THE FUTURE. WE HAVE STARTED TALKING A LITTLE BIT ABOUT THOSE DATES. WITH A REPORT FOR THE FULL COMMISSION BODY TO MAKE A RECOMMY MODIFICATIONS OR ADJUSTMENTS TO THE POLICIES, REPEAL OF THE POLICY, SOME PLACES WHERE WE MIGHT NEED TO CONSOLIDATE. WE'LL SEE WHAT DEVELOPS OUT OF IT. MY HOPE IS THAT EACH OF THE COMMITTEES WILL DO A THOROUGH JOB, AND THAT FOR THE FULL COMMISSION, IT'S NOT GOING TO BE A COMPLETE REVIEW OF THE SAME DOCUMENTS THAT THE COMMITTEES HAVE ALREADY SPENT THEIR TIME. WE'RE GOING TO NEED TO TRUST OUR FELLOW COMMISSIONERS HERE TO DO THEIR HOMEWORK AND TO BE ENGAGED. SO, THESE ARE THE COMMITTEE MEMBERS I'D LIKE TO APPOINT. FOR SUBCOMMITTEE ONE, THE MIXED USE -- BY THE WAY, ME AS CHAIR, COMMISSIONER HORNE, COMMISSIONER CARY WILL ACT AS CHAIRS OF EACH OF THE THREE SUBCOMMITTEES. SO, SUBCOMMITTEE ONE FOR MIXED USE, COMMISSIONER HORNE WILL CHAIR THAT COMMITTEE ALONG WITH COMMISSIONER OLLEY AND COMMISSIONER STONE. SO YOUR FOCUS WILL BE ON THE MIXED USE DOCUMENTS. SUBCOMMITTEE TWO, CITYWIDE STANDARDS, I WILL CHAIR THAT COMMITTEE WITH COMMISSIONER TONG AND COMMISSIONER BRONSKY. AND SUBCOMMITTEE THREE, WHICH IS EAST PLANO, COMMISSIONER CARY WILL CHAIR THAT COMMITTEE ALONG WITH COMMISSIONER RATLIFF. AND I WILL ACT AS YOUR THIRD. SO, THOSE ARE THE APPOINTMENTS. THE CHAIRS WILL WORK WITH DREW TO GET THE CALENDAR PUT TOGETHE . AS THEY PREPARE THE PACKAGE, YOU'LL HAVE AN IDEA OF HOW MUCH WORK MIGHT BE REQUIRED AND THE CHAIRS CAN WORK WITH THEM TO DETERMINE WHETHER YOU CAN DO IT IN ONE MEETING OR YOU NEED PRELIMINARY WORK TO GET PREPARED. AND THEN I'LL LEAVE THAT UP TO THE CHAIRS TO KIND OF -- TO WORK THAT OUT. AND THEN AS I SAID, IN THE FUTURE WE WILL CHOOSE ONE OF THE SUBCOMMITTEES PER MEETING TO PRESENT AND DISCUSSION AND TAKE ACTION ON THOSE FOUR DOCUMENTS. IS THAT FAIRLY CLEAR, SOUND GOOD? ANY QUESTIONS? YES. >> HOW QUICKLY DO YOU ANTICIPATE HAVING DOCUMENTS FOR US TO BEGIN REVIEWING? DO YOU KNOW AT THIS POINT? >> WE HAVE FLASH DRIVES READY FOR YOU TONIGHT THAT YOU CAN COLLECT. >> Chair Downs: I WAS EXPECTING THAT. CITY OF EXCELLENCE AND ALL THAT. SO, YEAH, NOW, WE WILL BE FULLY PREPARED AND THAT'S ANOTHER REAN WHY I'M HOPEFUL THE FULL COMMISSION WILL ACCEPT THAT IFOU DO YOUR OWN WORK, TRUST ME, YOUR COMMISSIONERS ARE DOING THEIR WORK AND WE KNOW OUR STAFF IS TOPNOTCH. WHAT'S GOING TO COME OUT OF THESE SUBCOMMITTEES IS SOMETHING I THINK THE FULL COMMISSION COULD BE VERY CONFIDENT THAT THE RIGHT KIND OF DECISIONS AND MODIFICATIONS ARE BEING PROPOSED. DO YOU HAVE WHAT YOU NEED? OTHER THAN SOME DATES AND SOME PHONE CALLS? NOW, ARE YOU GOING TO REACH OUT TO THE CHAIRS TO SCHEDULE THIS OR SHOULD THEY REACH OUT TO YOU? >> YES, WE CAN INITIATE REACHING OUT. >> Chair Downs: THAT WOULD BE GREAT. WE WOULD APPRECIATE IT. WHO IS GOING TO BE OUR PRIMARY CONTACT? >> WILL BE. >> Chair Downs: ANY OTHER QUESTIONS? NOPE? ARE WE GOOD? YOU'RE GOOD? WE'RE ALL GOOD? OKAY. ANYTHING FOR FUTURE AGENDA? ALL RIGHT. SEEING NONE, WE ARE ADJOURNED AT 8:58 P.M. [MEETING ADJOURNED]