[CALL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT] [00:00:10] NOVEMBER 13TH. I'M. I'M PLANNING AND ZONING CHAIR. JEFF. JEFFREY STENSLAND WITH THE CITY OF MANOR PLANNING AND ZONING COMMISSION. WE ARE CONVENING HERE AT THE COUNCIL CHAMBERS AT MANOR CITY HALL IN MANOR, TEXAS, AT 105 EAST EGGLESTON STREET. AND WITH THAT, I WILL CALL THIS MEETING TO ORDER. OUR THE FIRST ITEM THAT WE HAVE. OH, AND WE HAVE A QUORUM PRESENT WITH FIVE COMMISSIONERS PRESENT HERE. COMMISSIONERS, VICE CHAIR CHAVIS AND COMMISSIONER O'BRIEN ARE OFF THE DAIS TONIGHT. WITH THAT, WE WILL OPEN IT UP FOR PUBLIC COMMENTS, FOR NON-AGENDA ITEM, PUBLIC COMMENTS. THOSE WILL BE USING THE WHITE CARD. PLEASE FILL THOSE OUT AND HAND THEM TO THE STAFF AT THE FRONT OF THE ROOM. COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON NON-AGENDA RELATED TOPICS FOR A LENGTH OF TIME, NOT TO EXCEED THREE MINUTES PER PERSON. THE YELLOW CARDS WILL BE CALLED UP WHEN THE ITEM COMES UP ON THE AGENDA. THE YELLOW CARDS ARE FOR AGENDA ITEM RELATED TO PUBLIC COMMENTS. COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON NON-AGENDA AND AGENDA ITEMS FOR A COMBINED LENGTH OF TIME, NOT TO EXCEED FIVE MINUTES. TOTAL PER PERSON ON ALL ITEMS EXCEPT FOR PUBLIC HEARINGS. COMMENTS ON PUBLIC HEARING ITEMS MUST BE MADE WHEN THE ITEM COMES BEFORE THE BOARD OR COMMISSION COMMITTEE, AND NOT TO EXCEED TWO MINUTES PER PERSON. NO ACTION OR DISCUSSION MAY BE TAKEN BY THE BOARD, COMMISSION OR COMMITTEE COMMISSION IN THIS CASE, DURING PUBLIC COMMENTS ON NON-AGENDA ISSUES. TO ADDRESS THE BOARD. TO ADDRESS THE COMMISSION TONIGHT, PLEASE COMPLETE THE WHITE OR YELLOW CARD AS YOU PREFER AND PRESENT IT TO THE CITY STAFF DESIGNEE PRIOR TO THE MEETING. WE HAVE SOME YELLOW CARDS COMING UP. THANK YOU. ALL RIGHT. WE HAVE ONE CARD SO FAR ON FILE FOR ITEMS SEVEN AND EIGHT. WE WILL CALL YOU UP WHEN THAT ITEM COMES UP ON OUR AGENDA. THERE ARE NO WHITE CARDS. SO WITH THAT, WE [PUBLIC HEARING] WILL MOVE ON TO OUR PUBLIC HEARING. THIS IS A PUBLIC HEARING TO CONDUCT THE A PUBLIC HEARING ON A SUBDIVISION SHORT FORM FINAL PLAT FOR TWO LOTS ON 5.735 ACRES OR LESS AND BEING LOCATED AT 11712 ARNOLD LANE, MANOR, TEXAS. THE APPLICANT IS MESA ENGINEERING PLC AND THE OWNER, JOHN CARE. WE HAVE NO SPEAKERS ON THIS ITEM. I BELIEVE I WILL ENTERTAIN A MOTION FROM THE COMMISSION STAFF. DO YOU HAVE ANYTHING TO SAY ON THIS ITEM? NO, I WAS JUST READY TO ANSWER ANY QUESTIONS. IF THEY WEREN'T, THIS ITEM IS NON-DISCRETIONARY, SO. I MAKE A MOTION THAT WE CLOSE THIS PUBLIC HEARING ITEM NUMBER ONE, I HAVE A MOTION FROM COMMISSIONER PIES TO CLOSE THE PUBLIC HEARING ON ITEM ONE. DO I HAVE A SECOND? SECOND, I HAVE A SECOND FROM COMMISSIONER TERRY. ANY ALL THOSE IN FAVOR OF THE OF THE MOTION, PLEASE SAY I. I. THOSE OPPOSED SAY NAY. THAT MOTION PASSES UNANIMOUSLY. MOVING ON TO ITEM TWO CONSIDERATION. THIS IS [CONSENT AGENDA] FOR THE CONSENT AGENDA. ALL OF THE ITEMS ON THE CONSENT AGENDA ARE CONSIDERED TO BE SELF-EXPLANATORY BY THE PLANNING AND ZONING COMMISSION, AND WILL BE ENACTED IN ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS REQUESTED BY THE CHAIRPERSON OR A COMMISSION MEMBER, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY THROUGHOUT THIS MEETING. WITH THAT, COMMISSIONERS, YOU HAVE THE CONTINGENT CONSENT AGENDA IN FRONT OF YOU. IT IS CONSIDERATION OF OUR MINUTES FROM THE OCTOBER 9TH PLANNING AND ZONING COMMISSION MEETING. WE'LL. WHEN YOU'RE READY, I'LL ENTERTAIN A MOTION ON THAT ITEM. ON THE CONSENT AGENDA. I JUST HAVE ONE THING, COMMISSIONER PIES. NEXT TO MY NAME, THERE'S CHAIR AND STEELE NEXT TO IT ON THE ON THE MINUTES. OKAY, WE HAVE THE. PARDON? WE HAVE THE ORIGINAL GRAND. I HAVE THE ORIGINAL MINUTES. I DO APOLOGIZ. NO, I DO NOT. OH. UNDER SIGNATURES IN MY SIGNATURES FOLDER. OKAY. LET ME DOUBLE [00:05:07] CHECK. COMMISSIONER PIES. I'LL PROVIDE YOU THIS BACKUP AS THIS WILL BE WHAT WILL BE RECORDED INTO THE RECORD. WHAT'S ON THE BACKUP ONLINE IS NOT THE FINAL VERSION. OKAY. AND, COMMISSIONERS, I CAN PROVIDE THIS TO YOU. IT LISTS JEFFREY STENSLAND AS CHAIR. COMMISSIONER PIE IS PLACE FOR ABSENT. I MAKE I HAVE A QUESTION. CAN I ABSTAIN FROM VOTING SINCE I WASN'T HERE? YES. YOU MAY I? YES, I BELIEVE WE CAN. OH, I THINK THE COMMISSIONER IS GOING TO TELL U. COUNCIL, PLEASE INTRODUCE YOURSELF. CHAIR. COMMISSIONERS VERONICA RIVERA, ASSISTANT CITY ATTORNEY FOR THE CITY OF MAYNOR. THERE IS NO NEED TO ABSTAIN. IF YOU WEREN'T HERE AGAIN, IT'S JUST REVIEWING OF THE MINUTES AND ESPECIALLY IF WE DON'T HAVE A FULL NUMBER OF COMMISSIONERS, YOU CAN GO AHEAD AND VOTE ON THEM. OKAY. THANK YOU. ALL RIGH. I MAKE A MOTION TO APPROVE THE PLANNING AND ZONING COMMISSION MINUTES FOR OCTOBER 20TH OR OCTOBER 9TH, 2020 FOR A MOTION BY COMMISSIONER PIES TO APPROVE THE MINUTES FROM OCTOBER 9TH, 2020 FOR ESSENTIALLY THE CONSENT AGENDA. DO I HAVE A SECOND? I'LL SECOND. A SECOND FROM COMMISSIONER MEYER, ANY DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. ALL THOSE OPPOSED THE MOTION PASSES 5 TO 0. THANK YOU. ALL. UP NEXT IS ITEM. PARDON ME. NOW INTO THE REGULAR AGENDA OF [REGULAR AGENDA] OUR PLANNING AND ZONING COMMISSION MEETING HERE FOR WEDNESDAY, NOVEMBER 13TH, 2024. THIS ITEM IS ITEM THREE ON YOUR AGENDA. IT IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A SUBDIVISION. SHORT FORM FINAL PLAT FOR TWO LOTS ON 5.735 ACRES MORE OR LESS AND BEING LOCATED AT 11712 ARNOLD LANE, MAYNARD, TEXAS. AGAIN, APPLICANT MESA ENGINEERING AND THE OWNER, JOHN KERR, AND I HAVE. NO ONE SIGNED UP ON THIS ITEM. HEY, MICHAEL, IS THIS RIGHT ACROSS THE SENIOR HIGH SCHOOL? YES, SIR. JUST A LITTLE FURTHER TO THE NORTH. ANY OTHER QUESTIONS OF STAFF ON THIS ITEM? IS THIS THE ONE THAT WAS POSTPONED FROM THE LAST MEETING? IT SAID IN THE MINUTES THERE WAS A POSTPONEMENT. IS THIS THAT ONE? NO. OKAY. I'D LIKE TO MAKE A MOTION THAT WE APPROVE. AGENDA ITEM NUMBER THREE. I SECOND. COMMISSIONER MEYER AND A SECOND FROM COMMISSIONER LEONARD. PARDON ME. LET ME MAKE SURE I GOT YOUR NAME RIGHT. ALL RIGHT. COMMISSIONER LEONARD TO APPROVE ITEM THREE WITH THE. I WILL TAKE A VOTE. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. ALL THOSE OPPOSED? MOTION PASSES, 5 TO 0. THANK YOU SO MUCH. ALL. ITEM FOUR IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A PERMIT EXTENSION REQUEST FOR THE MAYNARD HEIGHTS PHASE SIX CONSTRUCTION PLANS, PROJECT NUMBER 2021, DASH P 1389 CO INFORMATION IS IN YOUR BACKUP. UNSTAFFED. YOU WANT TO EXPLAIN A SUMMARY OF THIS? YES. SO THESE CONSTRUCTION PLANS WERE ALREADY REVIEWED AND APPROVED IN COMPLIANCE WITH OUR CODES AS OF DECEMBER 2ND IN 2022. NOW THESE PLANS TYPICALLY ARE GOOD FOR TWO YEARS AFTER APPROVAL. HOWEVER, THEY'VE NOT BEEN ABLE TO COMMENCE CONSTRUCTION DUE TO REMEDIATION REQUIREMENTS FROM [00:10:01] T-C-E-Q, WHICH IS THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. AND SINCE THEIR PERMIT IS NEARING ITS EXPIRATION, THEY'RE JUST REQUESTING AN ADDITIONAL YEAR EXTENSION SO THAT THEY DON'T HAVE TO REAPPLY AND GO THROUGH THE WHOLE PROCESS AGAIN. OKAY. AND THIS AREA HAS ALREADY BEEN GONE THROUGH FINAL PLAT OR THIS IS WHAT CAME UP HERE A FEW MONTHS AGO. CORRECT THIS NAME. OH, NO. THIS IS THE THIS IS THE COMMERCIAL SECTION THERE ALONG OLD KIMBRO AND US 290 THAT HAD THE FORMER AMMUNITION RANGE OF THE GUN RANGE THERE. YEAH. IS THAT CORRECT? THANK YOU. IF YOU HAVE FURTHER QUESTIONS, WE HAVE A REPRESENTATIVE HERE TO ANSWER THOSE. THANK YOU. YES. STAFF ARE HERE FROM THE APPLICANT'S AGENT, KIMLEY-HORN. I WAS CURIOUS, WHAT ARE THE T-C-E-Q YOU KNOW, WHAT HAVE YOU BEEN DEALING WITH? WITH THEM? WE'VE BEEN THROUGH ABOUT A TWO YEAR. PLEASE INTRODUCE YOURSELF, MA'AM. THANK YOU. I'M ALYSSA FLYNN, I'M WITH KIMLEY-HORN. I'M ONE OF THE ENGINEERS THERE. WE'VE BEEN THROUGH ABOUT A TWO YEAR LONG PROCESS WITH T-C-E-Q. JUST GETTING PERMITTED FOR APPROVAL OF OUR REMEDIATION LIKE PRACTICES. SO THAT'S WHY WE'RE ASKING FOR AN EXTENSION, IS BECAUSE IT'S TAKEN THAT LONG FOR US TO GET, LIKE, PERMITTED TO BE ABLE TO DO THE REMEDIATION. AND WHERE ARE YOU IN THAT PROCESS NOW? DO YOU WHAT'S YOUR FORECAST COMPLETION DATE FOR THAT REMEDIATION? THE REMEDIATION STARTED THIS WEEK. SO WE'RE HOPING EARLY 2025 TO START. WHAT WAS THAT REMEDIATION EARLY 2025 TO COMPLETE THAT REMEDIATION OKAY. WHAT IS THE LIKE. WHAT IS THE REMEDIATION LIKE. AND YOU KNOW, WHAT ARE YOU CLEANING UP? WAS THERE LIKE AN ISSUE WITH THE GROUND OR THE SOIL OR IT WAS SOIL THAT WE'RE CLEANING? THIS IS THE AREA THAT HAD THE AMMUNITION RANGE OR A GUN RANGE THERE ON THAT CORNER OF THE PARCEL. I BELIEVE IT WAS ON OUR AUGUST AGENDA WHEN WE HAD THAT THAT COMMERCIAL ZONE EXPANDED BECAUSE THEY WERE ABLE TO REMEDIATE THAT. SO THIS IS THIS IS KIND OF THIS IS ASSOCIATED WITH THAT, THAT, THAT PROCESS. OKAY. AND SO UPON REMEDIATION COMPLETION, THAT AREA WILL NOW BE PART OF A COMMERCIAL ZONED PROPERTY THAT WE WERE ABLE THAT WE APPROVED PREVIOUSLY OR MADE RECOMMENDATION FOR PREVIOUSLY. ANY OTHER QUESTIONS? COMMISSIONER? MR. TERRY? ALL RIGHT. I'LL ENTERTAIN A MOTION. I MOVE THAT WE APPROVE AGENDA ITEM NUMBER FOUR. I HAVE A MOTION FROM COMMISSIONER LEONARD TO APPROVE ITEM FOUR. I'LL SECOND IT. A SECOND FROM COMMISSIONER PIES. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. ALL THOSE OPPOSED THIS MOTION PASSES 5 TO 0. THANK YOU. AND THANK YOU, MA'AM. ITEM FIVE ON THE AGENDA IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION FOR THE. PARDON ME. THE LOS ENTRADAS SHOPS COORDINATED SIGN PLAN FOR THE PLANNED SHOPPING CENTER LOCATED AT THE NORTHWEST CORNER OF TILGANGA PASS AND EAST US 290, IN MAYNARD, TEXAS. THIS IS THE APPLICANT IS COMET SIGNS BY STRATUS AND THE COORDINATED SIGN PLAN IS IN YOUR BACKUP FOR THOSE WONDERING, THIS IS THE PROPERTY THAT HAS THE FROST BANK THERE ON THE CORNER, AND THEN IT HAS A COUPLE OTHER SIGNS THAT I BRAKES PLUS IS ALSO IN THE IN THE EXAMPLES IN THE BACKUP MATERIAL. AND I BELIEVE A HEIGHT OF THE PRIMARY BLADES OF 22FT AND SIX INCHES. STAFF IS COMPLIANT WITH OUR SIGN PLAN. SO WITH A COORDINATED SIGN PLAN BEING AS THERE'S MULTIPLE TENANTS ON THIS ONE LOT, THEY'RE ABLE TO APPLY FOR A COORDINATED SIGN PLAN, WHICH IS ESSENTIALLY A DEVIATION FROM CODE WITHIN REASON. SO AFTER STAFF REVIEW, IT IS GENERALLY IN COMPLIANCE. THEY EVEN BASE THE MAJORITY OF THEIR SIGNS ON OUR CODE. SO IT'S NOT LIKE THEY'RE GOING FOR ANYTHING OVERLY TALL. THEY DO HAVE THREE MONUMENT SIGNS THAT ARE 22.5FT TALL, BUT PER OUR ORDINANCE, THEY ARE ALLOWED TO GO UP TO 25 FOR THE MONUMENT. SO THAT IS ALSO IN COMPLIANCE. THEY HAVE THE TWO ENTRY SIGNS, ONE ON I BELIEVE THAT'S TILGANGA AND THEN 290. AND THEN FROST BANK ALSO HAS A SIGN IN THIS COORDINATED SIGN PLAN. YES. AND THERE'S SOME WAYFINDING SIGNS IN THERE. THOSE ARE ALSO CONSIDERED TO BE COMPLIANT. THE STOP SIGN THE LEFT TURN, THE DO NOT ENTER SIGN ON THE. WE ACTUALLY DON'T REQUIRE THOSE TO BE SUBMITTED WITH THE SIGN PLAN. THEY JUST WANT IT TO BE THOROUGH BECAUSE TYPICALLY ON SITE DIRECTIONAL OR TRAFFIC CONTROL SIGNS, THERE ARE STANDARDS FOR THEM. OKAY. OUTSIDE OF OUR CODE. SO AS LONG AS THEY'RE COMPLIANT. SO THOSE ARE REGULATED BY LIKE THE TEXAS CD FOR INSTANCE. OKAY I DON'T REMEMBER THE CODE, BUT IT'S THE YES, IT'S THE TRANSPORTATION CODE FOR THE STATE OF TEXAS. YEAH. OKAY. AND I BELIEVE WE HAVE A REPRESENTATIVE IF ANY [00:15:01] QUESTIONS ARE HAD, I DON'T KNOW IF WE KNOW TENANTS YET. SO IF THAT'S ONE OF YOUR QUESTIONS WE CAN TELL YOU IS I WANTED TO MAKE SURE THAT THE THAT THE ON FAITH THE ON BUILDING SIGNS ARE BELOW OR AT LEAST SCOPED TO BELOW 70. THEY'RE NOT GOING TO EXCEED 72FTâ– !S PER OUR REQUIREMENTS. CORRECT. GOOD EVENING. DO YOU MIND INTRODUCING YOURSELF? JACOB CLARK WITH LONGVIEW EQUITY REPRESENTING THE OWNER. THE PLAN THAT WE SUBMITTED SHOULD BE COMPLETELY COMPLIANT WITH ALL OF THE CODES. THANK YOU. I THANK YOU FOR A THOROUGH SIGN PLAN. WE EVEN GOT TO SEE THE BANK. I'LL THE BANK LANE NOTIFICATION OR BANK LANE SIGNAGE. SO EVEN WITH THE FONT. HEY, MICHAEL. SO IF SOMEBODY ELSE CAME IN THERE, THEY WOULD ALREADY HAVE TO FOLLOW YOUR SITE PLAN. AND THAT'S ALREADY BEING PRESENTED, CORRECT? YES, SIR. SO WE CAN'T SPEAK FOR SIGN FACES BECAUSE WE DON'T KNOW WHO THE TENANTS ARE, BUT THE GENERAL SIZING AND PLACEMENT OF THE SIGNS, THEY WOULD HAVE TO ADHERE TO, INCLUDING HOW THE SIGN CABINETS ARE CONSTRUCTED, WHATEVER, LIGHTING, BACKLIT CHANNEL LETTERING, JUST IN GENERAL, WHATEVER THE COORDINATED SIGN PLAN DICTATES, THE PERSON WHO COMES IN AND APPLIES FOR THEIR SIGN HAS TO FOLLOW IT, AND THIS TAKES INTO ACCOUNT DARK SKIES, LIGHT BLEED, AND I CAN SEE THAT FROM ESSENTIALLY ILLUMINATED LETTERS, BUT NOT BUT BUT A DARK FACE AROUND THE A DARK BORDER AROUND. WE'VE WORKED CLOSELY WITH MICHAEL, TO BE SURE THAT ALL THE DESIGN IS INTENDED TO FOLLOW THE DARK SKIES. THE. YES, WE'VE HAD EXTENSIVE BACK AND FORTH OVER THIS WONDERFUL. WE'VE BEEN LEARNING A LOT ABOUT SIGNS UP HERE RECENTLY, SO ALL RIGHTY. ANY OTHER QUESTIONS FROM COMMISSION? COMMISSIONER MEYER? NO. I'D LIKE TO MAKE A MOTION TO GO AHEAD AND APPROVE FOR THE LOSS AND TRY TO SHOPPING. COORDINATE, SIGN, PLAN FOR THE PLANNED SHOPPING CENTER LOCATED AT NORTHEAST NORTHWEST CORNER OF TAILGATING PASS AND EAST US HIGHWAY 290. MOTION COMMISSIONER PIES TO MOVE APPROVAL OF THE COORDINATED SIGN PLAN FOR THE LAS ENTRADAS SHOPS. COORDINATED SIGN PLAN SECOND SECOND FROM COMMISSIONER TERRY. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. ALL THOSE OPPOSED? THAT MOTION PASSES 5 TO 0. THANK YOU. AND THANK YOU, SIR. THANK YOU. ITEM SIX ON THE AGENDA TONIGHT IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A COORDINATED SIGN PLAN FOR 310 MURRAY STREET IN MAYNARD, TEXAS. THE APPLICANT IS CINERAMA. THE OWNER, CAROL LEE REALTY. SO THIS IS ANOTHER COORDINATED SIGN PLAN. THIS IS THE I DON'T KNOW IF ANY OF YOU REMEMBER WHERE THE LAW OFFICE IS. JUST OFF. MURRAY. SO THERE'S A NEW TENANT IN THERE. SHE IS A LOCAL REAL ESTATE AGENT WHO'S INTENDING TO BRING OTHER TENANTS INTO THE BUILDING WITH HER. THERE ARE FOUR TENANT SPACES THAT ARE INTENDED TO BE FILLED. SO SIMILARLY TO THE LAST PRESENTED ITEM, WHENEVER YOU HAVE EITHER MULTIPLE BUILDINGS OPERATING ON THE SAME LOT OR MULTIPLE TENANTS IN THE SAME BUILDING, YOU APPLY FOR A COORDINATED SIGN PLAN TO ALLOW YOU TO HAVE SIGNAGE FOR EACH OF THOSE INDIVIDUAL BUSINESSES. SO IN THIS INSTANCE, AS YOU CAN SEE FROM THE SIGN PLAN IN THE BACKUP, THERE'S THE FOUR SIGNS ON FRONT. THERE WILL BE ONE SIGN HANGING JUST TO THE SIDE. AND THEN THERE IS AN INTENDED MONUMENT SIGN THAT WILL HAVE THE FOUR NAMES ALONG MURRAY JUST FOR THAT VISIBILITY FOR ANY INCOMING TRAFFIC. MICHAEL OR MR. BROCK, CAN YOU PLEASE DETAIL WHAT THE PROJECTING SIGN IS GOING TO BE ON THAT LEFT SIDE OF THE BUILDING? IT'LL BE LIKE A LITTLE POLE WITH A CIRCULAR SIGN ON IT, JUST. OKAY. SIMILAR TO THE ONE THAT'S IN THE CORNER OF THE MAIN MONUMENT. OKAY. SO NONE OF THESE ARE INTENDED TO BE ILLUMINATED, SO THERE'S NOT MUCH DETAILS PERTAINING TO LIKE THE SIGN CABBAGE OR ELECTRICAL DISCONNECTS. THESE WILL JUST BE BOARDS. ESSENTIALLY, YES. A FIXED SIGNS AFFIXED TO THE TO THE PATIENT OR TO THE STONE. AND IF THERE EVER IS THE INTENT TO ILLUMINATE IT, THERE WOULD HAVE TO BE AN AMENDMENT TO THE COORDINATED SIGN PLAN. OKAY. SO THIS IS AN ILLUMINATED BLADE AT THE FRONT OF THE PROPERTY. AND THEN FOUR SIGNS ON THE FRONT OF THE BUILDING. AND THEN ONE SIGN PROJECTING OR HANGING ON THE LEFT SIDE OF THE BUILDING WHEN FACING IT. ALL RIGHT. MICHAEL DOES IT. SO I'M ASSUMING IN THIS ONE PICTURE WHERE IT'S RIGHT IN THAT MONUMENT SIGN IS RIGHT NEXT TO THAT CAR, IS THAT ACTUALLY WHERE IT'S GOING TO GO THAT FAR INTO THEIR PROPERTY? YES, SIR. THAT IS THE INTENDED PLACEMENT. IT'S JUST INSIDE THEIR PROPERTY LINE. THERE WASN'T REALLY ANYWHERE ELSE FOR THEM TO GO WITHOUT RIPPING OUT THE CONCRETE. AND HAVING IT ON ONE OF THE OTHER STREETS DOESN'T GIVE THEM THE VISIBILITY THAT THEY'RE TRYING TO GET FROM THAT TRAFFIC. COMING OFF OF 290. AND THAT'S WHAT I'M THAT WAS REASON OF MY QUESTIONING. UNFORTUNATELY, WHERE THEY'RE AT, [00:20:01] THAT'S A HARD YOU'RE NOT GOING TO SEE THAT OFF OF 290. YOU GOT TO COME OFF OF 290 TO SEE IT. SO TO BE ABLE TO SEE THAT SIGN JUST FLAT LIKE THAT, THAT'S THAT'S WHY I WAS ASKING, DOES IT HAVE TO BE LIKE THAT? AND NOT MORE VISIBLE ON SOMEBODY DRIVING DOWN 290? ANY FURTHER UP, AND THEY ACTUALLY WOULDN'T BE ON THEIR PROPERTY BASED OFF THE PLOT THAT THEY PROVIDED. MR. BURRELL AS FAR AS THE PLACEMENT OF THAT, IT WOULD BE IT. DO YOU KNOW THE DO YOU KNOW THE DIMENSIONAL SPACING BETWEEN THAT, THAT FAR THAT, THAT, THAT PARKING SPACE WHERE THE WHITE VEHICLE IS IN THE PICTURE AND THE ACTUAL LIKE SIGN EDIFICE, LIKE, I WANT TO MAKE SURE THERE'S CLEARANCE FOR THAT RIGHT DOOR. SO THAT GAP, I BELIEVE IS FIVE FEET OKAY. FOR BETWEEN THEIR PROPERTY LINE AND THEN THE ACTUAL PARKING SPACE. SO IT WOULD HAVE TO FIT SOMEWHERE BETWEEN THERE, BUT THAT WOULD BE OKAY. SO WITHIN THAT FIVE FEET IS GOING TO BE THIS 24 TO 24 INCH WIDE, TWO FOOT WIDE SIGN. YES, SIR. OKAY. AND THEY'RE GOING TO BE PLACING IT AT THEIR PROPERTY LINE AS CLOSE AS POSSIBLE OKAY. SO ESSENTIALLY ALLOWING HOPEFULLY THREE FEET OF CLEARANCE FROM THAT THAT CURB. ALL RIGHT. THANK YOU. I KNOW. I MOVED TO APPROVE AGENDA ITEM NUMBER SEVEN. I'LL SECOND I HAVE A MOTION BY COMMISSIONER LEONARD AND A SECOND BY COMMISSIONER PIES TO APPROVE THE COORDINATED DESIGN PLAN FOR 310 MURRAY STREET. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. ALL THOSE OPPOSED THIS MOTION PASSES 5 TO 0. THANK YOU. SO MUCH. ALRIGHTY. ITEM SEVEN. AND THANK YOU. BY THE WAY, I LIKE TO I'M MAKING US DO A LOT OF HAND RAISING. THANK YOU ALL. THAT HELPS. IT HELPS MANDY A LOT. AND ME BECAUSE ITEM SEVEN IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A REQUEST TO REMOVE TWO HERITAGE ON NUMBER EIGHT. RIGHT? OH NO I HAVE ITEM SIX IS WHAT WE JUST APPROVED. ITEM SEVEN IS CONSIDERATION DISCUSSION AND POSSIBLE ACTION ON THE REQUEST TO REMOVE TWO HERITAGE TREES IN THE BOISE MIXED USE DEVELOPMENT SITE, LOCATED AT 101 WEST BOISE STREET IN MAYNARD, TEXAS. I HAVE ONE PERSON SIGNED UP IN WHO PLANS TO SPEAK IN SUPPORT OF THIS, BRIAN CHUNG OR CHENG, I'M SO SORRY. PLEASE SAY YOUR NAME FOR THE RECORD AND HELP. CORRECT ME IF I MAY. MY NAME IS BOJAN. I'M FROM THE PROJECT MANAGEMENT TEAM FROM THE REPRESENTING OWNERS AND ITEM NUMBER SEVEN AND EIGHT WOULD BE THE SAME PROJECTS THAT WE'VE BEEN DISCUSSING. AND THEN THERE ARE TWO HERITAGE TREES THAT ARE EXCEEDING 2820 FIVE INCHES TRUNK SIZES, SO THAT IT NEEDS TO BE REMOVED FOR THE DEVELOPMENT OF THE MIXED USE BUILDINGS FOR THREE STORY BUILDINGS. AND THEN WE ARE ASKING FOR MITIGATION OF THE TREE OR THE MITIGATION OR THE FEE FOR THE PAYMENTS FOR THE REMOVAL. ALL RIGHT. I BELIEVE IT'S MY TIME TO PROVIDE A LITTLE MORE BACKGROUND ON THIS. THANK YOU SO MUCH, MR. FOR HERITAGE TREES THERE, THERE'S NOT A SIMPLE MITIGATION. IT HAS TO GO BEFORE COUNCIL FOR THEM TO EITHER DECIDE TO DENY THE REQUEST OR DECIDE ON A FEE IN LIEU AND VERONICA, YOU CAN CORRECT ME ON THAT IF I'M INCORRECT. SO ESSENTIALLY, THE PLANNING AND ZONING COMMISSION WILL BE PROVIDING A RECOMMENDATION OF WHETHER TO APPROVE THIS DENY, ADD CONDITIONS. WHATEVER YOU ULTIMATELY DECIDE IS BEST MOVING FORWARD FOR THE COUNCIL. BUT TO PROVIDE SOME INSIGHT ON WHY THIS REQUEST WOULD BE NECESSARY FOR THEIR DEVELOPMENT. THEY RECENTLY HAD A DEVELOPMENT AGREEMENT APPROVED, AS WELL AS THREE AGREEMENTS. THEY'RE GOING TO BE UPSIZING EXISTING CITY UTILITIE, WATER AND WASTEWATER LINES. THEY'RE ALSO GOING TO BE BRINGING A MIXED USE DEVELOPMENT, WHICH HAS RETAIL ON THE FIRST FLOOR, LIVING UNITS ON THE SECOND AND THIRD. AND THIS IS AN IT TO BE A ROUGHLY $12.2 MILLION PROJECT, IF I'M NOT MISTAKEN, WITH A IF I CAN THINK OF THE CORRECT TERM, I'M BLANKING ON THE WORD. THERE WILL ALSO BE $2.2 MILLION WORTH OF INCOME FOR PEOPLE WHO WORK IN THE JOBS THAT ARE IN THESE BUILDINGS DOWNTOWN, SO PER THEIR DEVELOPMENT AGREEMENT, THERE WERE CERTAIN CHANGES MADE TO THEIR SITE DEVELOPMENT REQUIREMENTS, WHICH ALLOWED THEM TO HAVE THEIR LANDSCAPING ALONG THE RIGHT OF WAY AND OTHER ALLOWANCES WHICH BASICALLY MAKE THE SITE MORE USABLE BECAUSE A LOT OF THEIR EMPLOYEES AND RESIDENTS ARE GOING TO BE PARKING INTERNALLY, AND THEN THEY HAVE PARKING FOR GUESTS AND OTHER PEOPLE ALONG THE VOICE FRONTAGES, AND HAVING THE TREES [00:25:04] IN THE PLACEMENT THAT THEY CURRENTLY ARE KIND OF LIMITS WHAT THEY'RE ABLE TO DO WITH THAT INTERNAL PARKING AND BUILDING PLACEMENT. ARE ELM TREES CONSIDERED HERITAGE TREES BY THE CITY ORDINANCE OR BY STATE PER OUR CODE? ANYTHING OVER 25IN EXCEPT FOR A SELECT FEW TREES, WHICH DOESN'T INCLUDE CEDAR, ELMS. WELL, CEDAR, ELM IS CONSIDERED A HERITAGE BECAUSE IT'S OVER 25IN. THERE ARE CERTAIN TREES IN OUR CODE THAT ARE NOT INCLUDED, LIKE MESQUITE AND OTHER THINGS LIKE THAT. YEAH, BUT THIS ONE, BECAUSE IT'S OVER 25IN, IT COUNTS. OKAY. SO IF WE DO NOT PASS IT BECAUSE WE DO SEE IN HERE THAT IT GIVES OUT, YOU KNOW, PERCENTAGE OF OXYGEN AND ALL THIS OTHER STUFF. I MEAN, ARE WE TALKING 1 OR 2 PARKING SPOTS OR ARE WE TALKING THE WHOLE PARKING LOT? I MEAN, I HAVE I'M SORRY, THIS IS JUST MY OPINION. I SIT ON THE TREE COMMISSION WITH THE CITY AND FOR ME TO APPROVE CUTTING DOWN A TREE. AND WE'RE HAVING ARBOR DAY ON SATURDAY. THAT'S KIND OF HARD FOR ME TO DECIDE TO. IF YOU'D LIKE TO SPEAK, TO ANSWER ANY COMMISSIONER QUESTIONS. ALL RIGHT. IF YOU COULD PLEASE INTRODUCE YOURSELF AGAIN, FOR THE RECORD, I'M SORRY. AND MANDY IS HIS MIC ON JUST TO DOUBLE CHECK. OH, IT IS. THANK YOU. HI. MY. ON THE OTHER SIDE OF THE SURVEY MAP, THE NUMBERED ITEM NUMBER 89 AND NUMBER 90 IS THE TREE THAT WE WERE ASKING FOR. THE REMOVAL BECAUSE OF THE SIZE OF THE TREES. AND THEN DUE TO THE SIZE OF THE TREES AND DUE TO THE DEVELOPMENT PLANS THAT THERE'S NO WAY THAT WE CANNOT PROVIDE ANY SUFFICIENT PARKING ON THE REAR SIDE OF THE DEVELOPMENT BUILDINGS. AND THE ONE ON ONE WEST, SO THAT ONE TREE BLOCKS THE WHOLE PARKING LOT FROM BEING USABLE. IT IS BLOCKING THE PARKING LOT. IT IS BLOCKING THE NEW BUILDINGS PROPOSED NEW BUILDINGS. YES. AS I SAY ON THAT, ON THIS PLAT IS THE WHITE POLYGON, THE WHITE BOX. THOSE ARE IN IS THAT IS THAT A STRUCTURE? OH, WE OKAY. THIS IS THE PARKING LOT. THIS IS THE PROPOSED PLAN FOR THE PROPOSED PARKING LOT OR WHAT IS WHAT IS THE PARKING LOT. AND THEN THE BOTTOM PART OF THE WHITE IS THE BUILDING. BUILDING. YEAH. OKAY. BUT WE ARE ALSO FOLLOWING THE REGULATION OF THE CITY CODES FOR THE TREE. AND SHRUBS, LIKE THE RATIO PLANTING RATIO. YOUR REMEDIATION. YES. YEAH. CAN YOU SPEAK TO THAT A LITTLE BIT. HOW ARE YOU ALL OFFSETTING THE REMOVAL OF THE TWO TREES? I BELIEVE THE TREE CODE SPEAKS THAT EVERY 600 SQUARE FOOT IS THAT WE NEED TO PLANT TWO TREES, AND THEN MAYBE 400 SQUARE FOOT IS FOR, FOR SHRUBS OR SOMETHING. BUT OUR LANDSCAPE DESIGNERS ARE CALCULATING THE RATIOS AND THEN THE PLANS FOR THE NEW NEW PLANS FOR THE THESE DEVELOPMENTS. AND YOU HAVE LIVE OAKS I SEE PLANNED HERE. LIVE OAKS, CEDAR ELMS AND A PISTACHE TREE. I TEND TO AGREE WITH COMMISSIONER BIAS THAT YOU KNOW, FOR EVERY ONE LARGE HERITAGE TREE, YOU WOULD NEED 40 OF THESE SMALLER TREES TO MAKE AS MUCH OXYGEN. YOU KNOW, YOU WOULD NEED A LARGER VOLUME THAN WHAT I THINK YOU'RE GOING TO BE ABLE TO DO. AND US AS A CITY WOULD HAVE TO COVER THE DIFFERENCE TO BE TRULY LIKE CARBON NEUTRAL AND TO BE A GREEN CITY, WHICH I, YOU KNOW, A TREE CITY, USA, WHICH WE DO HAVE THAT DESIGNATION. SO I AGREE, IT IS CHALLENGING TO SUPPORT CUTTING DOWN TREES WHEN THE SPIRIT OF OUR CITY IS A TREE CITY, AND WE'VE BEEN THAT FOR YEARS, SO I'M INCLINED TO AGREE WITH COMMISSIONER PRICE, ONE OF THE OUR LANDSCAPE ARCHITECTS SUGGESTS THAT THE I BELIEVE THE NUMBER 89 TREES IS NOT IN GOOD CONDITION ANYWAY AT THE MOMENT BECAUSE I BELIEVE THEY'RE TALKING THE MULTIPLE TRUNKS THAT ARE EXISTING INSTEAD OF ONE TRUNKS THE TREE SO THAT IT PREVIOUS HISTORY, THEY MIGHT BE CUT DOWN. SO OKAY, SO THAT IS THE ONE THAT HAS THE 27.5. YES. THREE 2389 IS IDENTIFIED AS HAVING A 20.5IN MULTI-TRUNKED TRUNK, SO THAT ONE MIGHT GO ANYWAY. IF IT'S IN POOR HEALTH. OUR CODE DOES ALLOW FOR THE TREE TO BE REMOVED WITHOUT ANY ADDITIONAL STEPS, BUT THERE HAS [00:30:01] TO BE SOME SORT OF MITIGATING OR VERIFIABLE VERIFIABLE. AN ARBORIST HAS TO VERIFY THAT THE TREE IS IN POOR HEALTH, AND WE'LL HAVE TO GO ANYWAYS. BUT TREE 90 IS FINE. THERE'S NO OPINION ON THE NUMBER 90. SO. AND I SEE THAT ONE AS KIND OF MORE IN THE MIDDLE. SO I'M SURE THAT'S THE ONE THAT MAYBE A LITTLE BIT MORE PROBLEMATIC. AS FAR AS YOUR PLANS. YES. THAT'S CORRECT. SO MY QUESTION IS YOUR ENTRANCE AND EXIT IS GOING TO BE IN THE ALLEYWAY. I MEAN, WE'RE TALKING RIGHT, RIGHT OVER HERE. SO YOU'RE NOT GOING TO ENTER AND EXIT FROM LEXINGTON OR BOYCE OR CALDWELL. YOU'RE GOING TO ENTER FROM THAT ALLEYWAY. YES. IS THERE ENOUGH ROOM FOR TWO CARS TO FIT BACK THERE? IF I MAY, THIS ITEM IS OVER THE TREE REMOVAL, NOT ANYTHING PERTAINING TO THEIR SITE PLAN. BUT 189 IS SITTING RIGHT IN THE MIDDLE OF HIS ENTRANCE. SO IF WE VOTE NOT TO DO IT, HE'S GOING TO HAVE TO FIGURE OUT HOW TO DO THAT ENTRANCE. WELL, COUNCIL WOULD HAVE TO MAKE THE FINAL DECISION. YES. THIS IS A RECOMMENDATION TO THE COUNCIL. WE'D BE MAKING A RECOMMENDATION TO COUNCIL. THEY WOULD HAVE TO OVERRULE WITH A SUPERMAJORITY ON THIS ONE. OR I'VE BEEN BY THE LOT MYSELF AND JUST LOOKING AT THEM I MEAN, I'M, I'M A BIG TREE FAN, BUT THE TWO TREES THAT WE'RE TALKING ABOUT HAVE BEEN GROWN UP ON IVS, YOU KNOW, VINES ALL OVER THE PLACE. AND THEY DIDN'T APPEAR TO BE TOP SPECIMENS. AND COMMISSIONER MEYER, SPEAKING FROM YOUR SITE VISIT TO THE YOU WENT TO THE YOU VISITED THE SITE, I BELIEVE A COUPLE TIMES. COUNCIL TO THE ASSISTANT CITY ATTORNEY TO ANSWER THE PREVIOUS QUESTION ON WHAT IS REQUIRED BY THE BY CITY COUNCIL. IF PLANNING COMMISSION DENIES, THE COUNCIL WILL TAKE UP THIS ITEM AND YES, A SUPERMAJORITY WOULD BE REQUIRED, MEANING FIVE VOTES OR MORE BY CITY COUNCIL. SO JUST WANTED TO CLARIFY THAT AND IF YOU HAVE ANY OTHER QUESTIONS, LET ME KNOW. COMMISSIONER OR MR. BURRELL HAS THIS ALREADY GONE THROUGH SITE PLAN? THEIR SITE PLAN IS CURRENTLY UNDER REVIEW. THERE ARE CERTAIN THINGS THAT THEY HAVE TO HAVE APPROVED, WHICH IS OKAY. THIS IS ONE OF THE COMPONENTS THAT THAT'S OKAY. YEAH. IT'S UNDER REVIEW. AND THERE ARE ITEMS THAT NEED TO BE APPROVED FOR THE SITE PLAN TO BE OKAYED. I WAS TRYING TO CHECK THE SEQUENCE OF EVENTS ON THE CART AND THE HORSE. COMMISSIONERS, ANY OTHER DISCUSSION? CAN CAN WE MAKE A MOTION THAT SAYS, YOU KNOW, IF A TREE IS DEEMED LIKE MULTI-TRUNK AND IS GOING TO BE CUT ANYWAY, THAT LIKE, CAN WE SPLIT IT AND SAY, YOU KNOW, ONE TREE WE APPROVE, ONE TREE WE DON'T. CERTAINLY YOU CAN MAKE WHICHEVER MOTION YOU'D LIKE, AND IF YOU GET A SECOND, YOU CAN VOTE ON THAT ITEM. THANK YOU. AND THAT'S YES YOU CAN I WOULD RECOMMEND IDENTIFYING THE TREE BY NUMBER BASED ON THE BACKUP MATERIALS. WHEN PRESENTING YOUR MOTION. SO THEN I WOULD MOVE THAT WE APPROVE THE REMOVAL OF NUMBER 89. BUT DENY THE REMOVAL OF NUMBER 90. I HAVE A MOTION FROM COMMISSIONER LEONARD TO RECOMMEND REMOVAL OF TREE 89 ON THE ON THE MIXED USE DEVELOPMENT SITE LOCATED AT 101 WEST BOYCE STREET AND ALSO RECOMMENDATION TO PRESERVE THE HERITAGE TREE NUMBER 90 AS IDENTIFIED IN THE BACKUP MATERIALS AT THE SAME LOCATION. DO I HAVE A SECOND? I'LL SECOND THAT MOTION. MAKES SENSE. STAFF MANDY. ALL RIGHT. THANK YOU. AND COUNCIL. THANK YOU. ALL RIGHT. I HAVE A SECOND FROM COMMISSIONER PIES. DO ANY COMMISSIONERS WANT TO MAKE ANY [00:35:08] AMENDMENTS TO THAT MOTION, OR DO WE WANT TO VOTE ON THE MAIN MOTION? OKAY. SO. THIS IS WHERE I GET VERY NERVOUS. I WILL CALL A VOTE. ALL THOSE IN FAVOR OF THE MOTION AS STATED, PLEASE RAISE YOUR HAND. ALL THOSE OPPOSED, PLEASE RAISE YOUR HAND AS MOST MOTION FAILS ON A VOTE OF. OH, THIS MOTION FAILS. NOW WE MOVE ON. SO THIS MOTION COUNSEL, PLEASE ADVISE THAT THIS MOTION, UNLESS UNLESS RECALLED BY COMMISSIONERS, IS NOW DEAD. THERE IS NO RECOMMENDATION FOR COUNCIL ON THIS ITEM. NO, THIS THE MOTION THAT WAS ON HERE FAILS. AND NOW YOU COULD ENTERTAIN ANOTHER MOTION BECAUSE IT IT DIDN'T GET. SEE THAT'S MY FAVORITE PART. THIS IS WHAT THIS IS THE PART THAT I LOVE BACK MANY MONTHS AGO. WELCOME TO OUR WELCOME TO OUR MEETINGS ON A REGULAR BASIS FOR THIS REASON. ALL RIGHT. SO WHEN IT FAILS COMPLETELY IS IF YOU VOTE TO APPROVE AND YOU DON'T GET THE ENTIRE GOT IT, YOU DON'T GET THE MAJORITY, OKAY. WHICH IS REQUIRED RIGHT NOW I WILL ENTERTAIN ANOTHER MOTION ON ITEM SEVEN. IF SO, WILLING. I'LL MAKE A MOTION THAT WE APPROVE THIS ITEM, A MOTION BY COMMISSIONER MEYER TO APPROVE ITEM SEVEN AS STATED. THAT IS TO APPROVE THE REMOVAL TO APPROVE RECOMMENDATION TO REMOVE TWO HERITAGE TREES AND THE MIXED USE DEVELOPMENT SITE LOCATED AT 101 WEST BOYCE STREET IN MAYNARD, TEXAS. DO I HAVE A SECOND? I'M CONFLICTED. I HAVE A NON RIGHT, SO I HAVE A CONFLICTED NON SECOND. I'M NOT A BIG FAN OF CUTTING TREES DOWN. I LIKE TREES, I LOVE TREES, TREES ARE GOOD THINGS, BUT I'M ALSO NOT A BIG FAN OF. I NEED A SECOND FOR DISCUSSION. OH, AND WE CAN AMEND BEYOND THERE. I JUST HAVE TO SECOND. YEAH. OH, I CAN'T SECOND, I CAN'T EVEN FIRST. THEN I'LL SECOND I HAVE A SECOND BY COMMISSIONER TERRY ON THE MOTION AS STATED IN THE BACK IN THE AGENDA, COMMISSIONER TERRY COMMENT NOW. YEAH. SO I'M NOT A BIG FAN OF CUTTING TREES DOWN. TREES ARE GOOD THINGS, BUT I'M ALSO NOT A BIG FAN OF TELLING PROPERTY OWNERS WHAT THEY CAN AND CAN'T DO WHEN THEY'RE TRYING TO DEVELOP PROPERTY, AND IT ALL FITS WITHIN OUR DEVELOPMENT PLAN AND STUFF. SO THAT'S I'M VERY CONFLICTED ON THE ISSUE. COMMISSIONER TERRY, I MEAN, THANK YOU, COMMISSIONER TERRY. COMMISSIONER MEYER, I TOO AM CONFLICTED. I'M VERY PRO TREE ORDINANCE, BUT CONSIDERING THE TYPE OF DEVELOPMENT THAT WE'RE ENCOURAGING IN THIS PART OF MANER, I DON'T THINK IT'S POSSIBLE TO ALWAYS GET THE DESIRED RESULT. AND WE DO HAVE THIS. AND ALSO, LIKE I SAID, IT WAS THEY'RE NOT PRIME TREES FROM THE PREVIOUS LACK OF ATTENTION TO THEM. THEY'RE NOT GIANT LIVE OAKS. AND WHERE WE HAVE DEVELOPMENTS LIKE SUBDIVISIONS OR BIGGER TRACTS OF LAND WHERE WE'RE SUBDIVIDING THEM MAKES A BETTER CANDIDATE FOR TREE PROTECTION OF THIS TYPE. AND BEING MORE SELECTIVE. AGAIN, LIKE I SAID, I'M I'M NOT HAPPY ABOUT CUTTING TREES, BUT IN THIS CASE, FOR THE PRACTICALITY OF IT AND THE ABILITY TO REPLACE PER ORDINANCE TREE INCHES IN AROUND THE SITE AND FUTURE SITES FOR TREE ORDINANCES. THAT IS WHY I'M SUPPORTING THIS MOTION. THANK YOU, COMMISSIONER MEYER. TO THAT END, I AM ALSO VERY PRO TREE BUT [00:40:07] ALSO VERY PRO LIKE RATIONAL TREE THOUGHT AND I USE KIND OF MY LITTLE NEIGHBORHOOD, WHICH IS A VERY NEW NEIGHBORHOOD IN THE CITY THAT EXISTED ON RELATIVELY INFERTILE SOIL, CLAY THAT GOING BACK 30 YEARS IN, IN OVERHEAD SCANS THAT I'VE BEEN ABLE TO THROUGH ACCESS TO MAPPING SOFTWARE THAT I HAVE, I'VE BEEN ABLE TO SEE AERIALS WHERE A PLACE WHERE I NOW HAVE TWO TREES PER LOT ON A 175 LOTS, JUST ON MY STREET ALONE. WE HAD A COUPLE DOZEN AT MOST, AND NOT EVEN STRONG CALIFORNIA. GOING BACK TO YOUR CALIPER INCHES. YES, I HAVE A COUPLE LIVE OAKS THAT ARE WHERE TWO INCHES WIDE AND TWO INCHES IN DIAMETER. JUST TWO AND A HALF YEARS AGO. BUT I'M WORKING MY HARDEST TO MAKE SURE THAT I KEEP CULTIVATING THOSE AND GROWING THOSE AND NURTURING THOSE FOR THE NEXT GENERATION. AS I CONTINUE TO GROW MY OWN ROOTS HERE IN THE CITY. SO I UNDERSTAND WHAT WE'RE LOSING HERE. BUT I ALSO UNDERSTAND THAT WE ARE CONCERNED, AND I WOULD LOVE TO SEE A TREE PLAN INCORPORATED IN OUR TRAIL NETWORK AND MAKING SURE THAT WE INCORPORATE, PERHAPS PLANTING THE REPLACEMENT TREES. THE REPLACEMENT CALIPER INCHES FOR THESE TREES IN A PLACE THAT COULD POSSIBLY BE FOSTERED ALONG OUR TRAIL NETWORK THROUGHOUT THE CITY, MOVING FORWARD AND NOT HOLD US BACK. BECAUSE IF WE KEEP THESE TWO TREES HERE, EVEN THE ONE TREE, THE ONE TREE MEANS THAT I BELIEVE THIS DEVELOPMENT EITHER SHRINKS IN HALF SO THE $12 MILLION IMPACT OR WHATEVER MR. BURRELL HAD MENTIONED AS FAR AS THE POTENTIAL REVENUE FROM THIS GOES TO NOTHING OR GOES, IT BECOMES UNDEVELOPABLE. IT PUTS IT TO A POINT WHERE THEY WILL PROBABLY NOT PROCEED. CAN WE REQUEST THAT THEY, LIKE, GIVE US MONEY TO DO THAT AS PART OF THE MOTION? I BELIEVE THERE'S A FEE IN LIEU PORTION OF THIS, MR. BURRELL, OR VERONICA. YOU CAN SPEAK TO THAT. PARDON ME, NOT VERONICA, BUT COUNCIL. YES, YES, THAT'S CORRECT. I ANSWER TO VERONICA. OKAY. AND IT'S IN THE BACKUP COMMISSIONER. YOU CAN ASK FOR AN AMENDMENT, A FRIENDLY AMENDMENT THAT COULD BE CONSIDERED A FRIENDLY AMENDMENT TO THE MOTION THAT WAS MADE. AND SO THE TWO COMMISSIONERS THAT MADE THE MOTION HAVE TO APPROVE THAT REQUEST. AND THE AMENDMENT WOULD BE TO IT'S A RECOMMENDATION THAT WOULD BE MADE TO CITY COUNCIL TO ASK FOR A STIPEND, LIKE AN EXTRA STIPEND OR SOMETHING LIKE THAT. FEE IN LIEU IS WOULD IT BE CALLED CORRECT? RIGHT. IT'S A FEE IN LIEU. IT'S THE WHEN CITY COUNCIL TAKES THIS TAKES THIS ITEM. IT'S EITHER GOING TO BE PLANTING ADDITIONAL TREES FEE IN LIEU OR A COMBINATION OF CAN WE REQUIRE A FEE IN LIEU IF THAT IS THE IF THAT IS THE WILL OF THE COMMISSIONERS, THEN THAT WOULD BE THE RECOMMENDATION THAT WOULD BE MADE AS PART OF THE MOTION. IT IS LISTED THERE ON, I BELIEVE ON PAGE 104, PAGE 104 OF THE FULL AGENDA, OR I BELIEVE IT'S ALSO PAGE 13 OF THIS ITEMS. BACKUP. COMMISSIONER. COMMISSIONER MEYER, I'LL HAVE YOU GO AHEAD AND STATE UNDER CITY COUNCIL UNDER CITY CALCULATIONS, THE IT DOESN'T SAY WHAT THE PRICE PER TREE IS, BUT THERE'S SHOWING 200 AND 80.5IN OF CALIPER THAT WOULD BE PUT INTO THE TREE FUND. MR. BURRELL CAN TELL ME PROBABLY WHAT THE PRICE PER CALIPER INCH IS. THAT'S ACTUALLY DETERMINED BY COUNCIL AT THE TIME OF THE HEARING. THERE'S NO SET FEE. THEY JUST DECIDE WHAT THEY FEEL IS REASONABLE. OKAY. SO THEY SET IT FOR THIS INDIVIDUAL OBJECT PROJECT. PLEASE. SO THEY WOULD SET IT FOR THIS SPECIFIC ITEM. YES. SO WHEN THIS ITEM GOES TO COUNCIL, IF A FEE IN LIEU IS THE ROUTE THAT IS ULTIMATELY TAKEN DURING THE HEARING, THEY WILL DECIDE WHAT THEY FEEL IS A FAIR PRICE FOR THE CALIPER INCHES THAT ARE BEING REMOVED. IS THERE A KIND OF A STANDARD OR AN AVERAGE THAT THEY'VE BEEN APPROVING? I UNFORTUNATELY AM NOT ABLE TO SPEAK TO THAT BECAUSE I'VE NOT BEEN AROUND FOR THAT MANY OF THEM. I BELIEVE IT IS DISCRETIONARY THOUGH. ARE WE ABLE TO CONFIRM COUNCIL? IT'S A DISCRETIONARY NUMBER THAT THEY CAN SET IN EITHER IN NEGOTIATION [00:45:03] OR AT THE DISCRETION OF CITY COUNCIL. OKAY. DO WE NEED TO INCORPORATE THAT FEE IN LIEU INTO OUR MAIN MOTION IF BASED ON WHAT IS STATED HERE? YES. IF YOU IF THAT'S THE ROUTE THAT YOU ALL WANT. COMMISSIONER IS ASKING THAT IT BE REQUIRED, MEANING THAT IT WOULDN'T BE A COMBINATION OF TREES REPLACEMENT, TREE REPLACEMENT AND FEE OR JUST REPLACEMENT. THE COMMISSIONER IS ASKING FOR STRICTLY TO ADD THAT A FEE BE REQUIRED. A FEE IN LIEU BE REQUIRED. SO AGAIN, IF THE MAKERS OF THE MOTION WOULD LIKE TO ACCEPT THAT THAT AMENDMENT, THEN THAT'S WHAT YOU WOULD BE VOTING AND IT'LL BE CONSIDERED FRIENDLY. OTHERWISE WE'LL HAVE TO VOTE ON THAT MOTION THAT AMENDMENT TO BE INCORPORATED INTO THE MAIN MOTION. ALL RIGHT. WELL, YOU WOULD IF THE FRIENDLY BECOME AMENDED MOTION, IT'S NOT AN AMENDED MOTION. YOU WOULD VOTE ON THE MOTION THAT'S CURRENTLY IN PLACE. AND THEN YOU WOULD IF IT DOESN'T PASS, THEN YOU GO TO ANOTHER MOTION. OH, GOOD. YEAH. ALL RIGHT. SO IT LOOKS LIKE WHAT WE DID BEFORE. SEE, I'M NOT Y'ALL THINK THAT I'M ON A VACUUM. I KNOW WHAT WE'RE DOING. ALL RIGHT. THAT WOULD BE OPEN TO SUCH AN AMENDMENT. COMMISSIONER. COMMISSIONER MEYER ACCEPTS THE AMENDMENT AS FRIENDLY AS WOULD I. AND COMMISSIONER TERRY ACCEPTS THE MOTION AS FRIENDLY. THE NOW, THE REVISED MOTION. THE AMENDED MOTION. LOVE THIS. THE AMENDED MOTION IS CONSIDERATION IS TO RECOMMEND REMOVAL OF TWO HERITAGE TREES IN THE BOISE MIXED USE DEVELOPMENT SITE, LOCATED AT 101 WEST BOISE STREET IN MAYNARD, TEXAS, AND REQUIRE THAT THE DEVELOPER OR THE APPLICANT PAY A FEE IN LIEU TO BE SET BY THE CITY COUNCIL. IS THAT CORRECT? IS THAT IN THE SPIRIT OF THE MOTION, ALL MAKER. ALRIGHTY, WITH THAT, I'M GOING TO CALL A VOTE. ANY OTHER DISCUSSION THOUGH? ALRIGHTY. I DO HAVE ONE THING TO SAY, COMMISSIONER LEONARD. I STILL HAVE A HARD TIME VOTING YES BECAUSE I JUST. I THINK IT'S YOU SHOULD HAVE KNOWN THAT WHEN YOU BOUGHT THE PROPERTY, YOU SAW THOSE TREES THERE BEFORE YOU BOUGHT THE PROPERTY. YOU KNOW, I THINK THAT WAS A LITTLE BIT OF LACK OF PROPER VETTING ON YOUR PART. RIGHT? SO BUT I WILL BITE MY TONGUE AND SMILE BECAUSE, YOU KNOW, I GET THE SPIRIT OF BUSINESS AS WELL. SO IT'S OKAY. I DO NOT HAVE A POKER FACE. SO I WILL CALL A VOTE. I THINK I CONCUR WITH YOUR SENTIMENT AS WELL. THANK YOU, COMMISSIONER LEONARD, ALL THOSE IN FAVOR OF THE AMENDED MOTION, AS PREVIOUSLY STATED, PLEASE RAISE YOUR HAND. ALL THOSE OPPOSED. THAT PASSES ON A VOTE OF 4 TO 1 WITH COMMISSIONER PIES OPPOSED. THANK YOU SO MUCH. AND THANK YO. THAT TAKES US TO OUR FINAL ITEM ON TONIGHT'S AGENDA AT 7:19 P.M. EVERYONE. IT IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A SETBACK VARIANCE REQUEST FOR THREE LOTS ON 0.96 ACRES, MORE OR LESS. AND BEING LOCATED IN WHAT IS CURRENTLY KNOWN AS LOTS ONE THROUGH FIVE BLOCKS, ONE BLOCK, 143 AND LOTS 16 THROUGH 20. BLOCK 29 OF TOWN OF MAYNARD MAYNARD, TEXAS. SOUNDS LIKE A DOWNTOWN PROPERTY. I DO HAVE A SPEAKER SIGNED UP ON THIS. MR. CHANG AND THE APPLICANT BUILD BLOCK THE OWNER, JIYUAN ZHANG. MR. CHANG, MY NAME IS BOHAN AND I'M REPRESENTING THE BUILD BLOCK INC AND WE ARE DEVELOPING THE ALL THREE LOTS FOR THE THREE STORY MIXED USE BUILDING. ONE STORY, HAVING A COMMERCIAL SPACES WHICH INCLUDES THE RETAIL AND RESTAURANTS, AND THEN SECOND AND THIRD FLOOR WILL BE A RESIDENTIAL UNITS, WHICH WILL BE APARTMENTS. AND THEN WE ARE ASKING FOR THE SETBACK VARIANCE IN THE FRONT OF THE PROPERTY TO BRING IT MORE WALKABLE SPACES AROUND FOR THIS DEVELOPMENT. BUT WE ARE NOT TOUCHING ANY SETBACK VARIANCE FOR THE WELL OR THE SITE SEPARATELY. THIS OKAY, COMMISSIONERS, ANY QUESTIONS FOR THE APPLICANT? MR. BURRELL OR MR. BURRELL? HI, MR. BURRELL. HELLO. APOLOGIZE. OH NO PROBLEM. SO THIS IS A SETBACK VARIANCE REQUEST FOR THEIR PLAT. NOW, IT'S NOT THE SAME IN THE SENSE WHERE IT'S A SETBACK VARIANCE [00:50:03] REQUEST FOR A HOME LOT BECAUSE THAT'S JUST FOR THE USABILITY OF THE LOT. IT'S A PRACTICE WE PUT INTO PLACE FOR CITIES IN OUR CITIES FOR HOMES IN OUR DOWNTOWN HISTORIC DISTRICT, BECAUSE THE LOT CONFIGURATIONS ARE A LITTLE WEIRD FOR PEOPLE TO BE ABLE TO BUILD WHAT THEY WANT TO. NOW, FOR HERE THEY ARE REQUESTING A FIVE FOOT FRONT AND STREET SIDE SETBACK, AS WELL AS THE REAR SETBACK TO BE TEN FEET TO ALLOW FOR MORE UTILIZATION OF THE LOTS THAT THEY HAVE ON SITE. NOW, PER THEIR CURRENT ZONING, THEY ARE DOWNTOWN BUSINESS, WHICH REQUIRES A 20 FOOT FRONT SETBACK, TEN FOOT SIDES, 15 FOOT STREET SIDE AND TEN FOOT REAR. SO THERE'S NO ACTUAL CHANGE TO THE REAR IS JUST THE FRONT AND SIDE, BUT THAT'S TO ALLOW THEM TO HAVE THE SPACE FOR THEIR PARKING, THEIR DUMPSTER ENCLOSURES, THEIR FIRE ACCESS TO GO THROUGH THE REAR OF THE PROPERTY. BECAUSE IT'S A 26 FOOT REQUIREMENT GOING THROUGH THAT DRIVE AISLE AND YEAH, THIS ESSENTIALLY CREATES A 30 FOOT RIGHT OF WAY IN THE REAR. IT'S A 30 FOOT ALLEY SPACE BETWEEN THEM AND THE NEXT LOT BEHIND THEM. IF I RECALL, IF YOU TAKE THE 20 FOOT UNPAVED RIGHT OF WAY, PLUS THE TEN FOOT. YES. AND TO ADD CLARITY, THEY WILL BE IMPROVING THAT ALLEYWAY. IT'S NOT GOING TO REMAIN UNPAVED. OH, YOU KNOW, I LIKE TO CALL IT OUR UNPAVED OR UNIMPROVED ALLEYS IN THIS CITY. I DID THAT LAST MONTH. OKAY. AND THEN THE FIVE FOOT PUBLIC UTILITY EASEMENT IS STILL ALLOWED. IT WOULD STILL ALLOW FOR LIKE IT WOULDN'T BE ENCROACHING ESSENTIALLY ON ON FUTURE PLANS FOR BOISE STREET, FOR INSTANCE. NO, THE LINES WILL STILL BE ACTIVELY AVAILABLE TO BE MAINTENANCED AND REPAIRED. OKAY, THAT WAS GOING TO BE MY QUESTION TOO. LIKE, BECAUSE I KNOW IT, IT DOES FLOOD SOMETIMES IN THAT AREA, LIKE WHEN IT RAINS AND STUFF AND I WOULD JUST BE WORRIED ABOUT LIKE, DO THEY NEED TO PUT CULVERTS IN OR LIKE EXTRA CULVERTS OR SOMETHING TO KIND OF BECAUSE THAT'S IT'S GOING FROM, YOU KNOW, WHEN WE APPROVED IT, IT WAS A PROPERTY THAT WAS LIKE ABANDONED HOUSES. THERE WAS LIKE NOBODY THERE. AND SO NOW IT'S GOING FROM THAT INTO LIKE THIS THREE STORY, YOU KNOW, THING WITH A LOT MORE PEOPLE, A LOT MORE WASTE, RIGHT? AND A LOT MORE KIND OF, YOU KNOW, POTENTIAL FOR IMPERVIOUS COVER, LIKE MORE WHAT AM I TRYING TO SAY? MORE LIKE STRESSED UTILITIES. THERE. RIGHT. A MORE IMPACT ON UTILITIES. SO LIKE DO THEY NEED TO DO IMPROVEMENTS TO MITIGATE THAT. IS THAT PART OF THE PLAN OR LIKE THEIR AGREEMENT. SO IN THE DEVELOPMENT AGREEMENT THEY ARE GOING TO BE UPDATING THE INFRASTRUCTURE UNDERGROUND, THE WASTEWATER LINES AND THINGS ALONG THOSE LINES. ADDITIONALLY THEY IN THEIR SITE PLAN, THEY HAVE CULVERTS THAT THEY INSTALLING AND THEY'RE ALSO WORKING ON DRAINAGE CALCULATIONS FOR A DETENTION WAIVER, WHICH THEY ARE ALSO ATTEMPTING TO APPLY FOR. NOT AT THIS MEETING, BUT IT WILL BE A ONE IN THE NEAR FUTURE. WE ARE LOOKING FOR THE DECEMBER MEETING IF WE'RE ABLE TO GET THOSE CALCULATIONS REVIEWED AND APPROVED BY ENGINEERING. BUT TO ANSWER YOUR QUESTION, PERTAINING TO THE DRAINAGE, IT IS SOMETHING THAT WE'RE ACTIVELY WORKING ON BECAUSE IT'S SOMETHING I MYSELF HAVE SEEN IN THE COMMUNITY. WE'VE ALREADY GONE ACROSS THE STREET TO THEIR NEIGHBORING PROPERTY, THE NEW ONE, TO TALK ABOUT THE ALLEYWAY AND HOW THAT DRAINAGE IS GOING TO WORK. SO WE'RE NOT FLOODING ADJACENT PROPERTY OWNERS AND CAUSING MORE ISSUES. SO LONG WINDED ANSWER TO SAY WE'RE WORKING ON IT WELL AND ALSO WORKING ON THAT. AND ONE OF THE REASONS I CHOSE TO SIT ON HERE IS, IS TO HELP MY COMMUNITY. AND LOT SEVEN AND EIGHT I KNOW THAT HAVE BEEN HERE LONGER THAN HALF OF US HAVE BEEN ALIVE. ARE WE GOING TO HELP MAKE SURE THAT THAT RAIN DOESN'T FALL IN THEIR PROPERTY AND NOW THEY'RE FLOODED? YES, SIR. THAT'S THE INTENT OF THE DRAINAGE CALCULATIONS THAT THEY'LL BE PROVIDING TO US. OUR LAST INTENT IS TO START FLOODING PEOPLE'S PROPERTIES. I DON'T KNOW IF YOU'RE TOO AWARE OF THE PROPERTY ON THE OTHER SIDE. LOTS FIVE THROUGH EIGHT, JUST SOUTH ON LEXINGTON. WHERE? NEXT TO WHERE SALLIE MAE'S USED TO BE, OR LILY MAE'S MY APOLOGIES. WE'RE ACTIVELY WORKING WITH HER AND THE DEVELOPER NEXT DOOR TO HER TO MAKE SURE THAT WE CAN GET SOME OF THAT FLOODING TAKEN CARE OF. SO IT'S ALWAYS IN OUR MINDS. AND ESSENTIALLY BY THEM DOING THESE ON SITE IMPROVEMENTS THROUGH THE WASTEWATER AND STORMWATER DETENTION IMPROVEMENTS, IT STORMWATER OR DRAINAGE FEE ESSENTIALLY FUNDS TO GO AND MITIGATE THE SAME ISSUE. OKAY, SO I'M SORRY, I'M GOING TO BRING THIS PARKING LOT THING BACK UP. BUT SO WITH US EXTENDING THIS, THIS ALLOWS YOU TO BE ABLE TO HAVE MORE PARKING IN THE FRONT. IS THAT CORRECT? IT'S MORE OF TO HAVE THE PARKING BUT ALSO THOSE SPACES FOR THE BUILDINGS AS WELL. ARE YOU TALKING ABOUT THE FRONT SETBACK REQUIREMENTS? SO ALL THE PARKING IN THE FRONT IS ACTUALLY ON THE PUBLIC RIGHT OF WAY. IT'S THE STREET. IT'S NOT ACTUALLY. OKAY. THEIR PROPERTY. NOW THIS IS FOR THE ESSENTIALLY [00:55:05] CUSTOMERS THAT ARE GOING TO BE COMING TO THIS PROPERTY. AND THEN IN THE REAR IS GOING TO BE WHERE YOU'RE GOING TO HAVE YOUR EMPLOYEES AND YOUR RESIDENTS. OKAY. SO CORRECT ME IF I'M WRONG. SO A LOT OF YOUR BACK PARKING IS ALMOST LIKE, ALMOST LIKE A PRIVATE PARKING BECAUSE YOU GOT RESIDENTS UPSTAIRS THAT NEED PARKING AND YOU DON'T WANT THEM PARKING AT DEUTSCHE TIRE SERVICE BECAUSE THERE'S NO PARKING FOR THEM. SO THAT'S OKAY. I CAN SEE THAT. YEAH, THERE'S A THERE'S A PARKING REQUIREMENT BECAUSE IT'S A MIXED USE BUILDING. YOU HAVE THE RESIDENTIAL ABOVE AND THE COMMERCIAL BELOW. THERE'S A CERTAIN REQUIREMENT PER UNIT DEPENDING ON HOW MANY BEDROOMS IT IS. AND THEN YOU ALSO HAVE YOUR PARKING SPACES PER SQUARE FOOT OF THE COMMERCIAL. SO IT'S A BIT OF AN INTERESTING SITUATION WHERE THEY NEED A BIT MORE THAN A TYPICAL DEVELOPMENT WOULD. THAT'S WHY THEY'RE TRYING TO LAY THINGS OUT HOW THEY ARE AND UTILIZE THE MAJORITY OF THE SITE WITHOUT HAVING TO DO SOMETHING LIKE OFF SITE PARKING IN AN ADDITIONAL LOT. YEAH, BECAUSE I REMEMBER WHEN WE FIRST SAW YOU AND WE HAD A FEW COMMUNITY PEOPLE HERE THAT WAS THEIR BIGGEST WORRY. IS, IS SOMEBODY GOING TO BE PARKING IN THEIR DRIVEWAY AND THEY HAVE NO CLUE WHO THE CAR BELONGS TO? YEAH. THESE WOULD BE MARKED SPACES FOR THE RESIDENT SPACES IN THE REAR. NOT AT THE I KNOW THAT'S A DIFFERENT TIME AND DIFFERENT DISCUSSION. SORRY, THERE'S NO MARK ON THE PARKING SPACES FOR THE RESIDENTIAL AT THIS MOMENT, BUT IF NEEDED, WE CAN INCORPORATE THAT. WILL IT BE GATED? THE LOT. THE CURRENT PLAN IS NOT GATED FOR THE. THEY WOULDN'T BE ALLOWED TO. WELL, IT JUST DEPENDS BECAUSE THEY HAVE THEIR DUMPSTER ENCLOSURE IN THEIR REAR FROM THE ALLEY. AND THEN THEY ALSO HAVE TO ALLOW FOR FIRE ACCESS. SO IT JUST DEPENDS ON WHAT THAT LOOKS LIKE IN TERMS OF WHAT CLEARANCE THE GATE HAS. NOTCH BOXES, THINGS LIKE THAT. SO NOT GOING. WE'VE BEEN HAVING A LOT OF CARJACKINGS AND PEOPLE LIKE GETTING THEIR CARS BROKEN INTO. SO THAT'S WHY I WAS ASKIN. I THOUGHT ABOUT THAT AS I PARKED THE HYUNDAI ELANTRA OUTSIDE. THANKFULLY, YOU'RE HERE AND THE KIA BOYS ARE REAL BUSY, EVEN WITH THE MITIGATED SAFETY ISSUE. ANY OTHER QUESTIONS? COMMISSIONERS? I'LL MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER EIGHT. I HAVE A MOTION FOR COMMISSIONER PAES TO APPROVE AGENDA ITEM EIGHT. THE SETBACK VARIANCE REQUEST. I'LL SECOND. A SECOND FROM COMMISSIONER TERRY. LET'S TAKE A VOTE. ALL THOSE IN FAVOR, PLEASE SAY OR PLEASE RAISE YOUR HAND. ALL THOSE OPPOSED THE MOTION PASSES 5 TO 0. THANK YOU. SO MUCH FOR BOTH ITEMS TONIGHT. THAT CONCLUDES THE BUSINESS OF THE PLANNING AND ZONING COMMISSION FOR WEDNESDAY, NOVEMBER 13TH, 2024. IT IS 7:28 P.M. AND THIS MEETING IS ADJOURNED. OH, LET'S WE I WILL RE I WILL MOVE FOR AN ADJOURNMENT. I WILL ENTERTAIN A MOTION FOR ADJOURNMENT. I DO APOLOGIZE. YES WE DO. I MAKE A MOTION THAT WE ADJOURN. A MOTION FOR COMMISSIONER MEYER. A SECOND AND A SECOND BY MR. COMMISSIONER PAES TO ADJOURN ALL THOSE IN FAVOR, PLEASE SAY AYE. AYE. THAT MOTION PASSES 5 TO 0. THANK YOU SO MUCH. THAT CONCLUDES THE * This transcript was compiled from uncorrected Closed Captioning.