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[CALL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT]

[00:00:11]

A 6:34 P.M. JANUARY 14TH FOR THE PLANNING AND ZONING COMMISSION. THE QUORUM IS PRESENT. FOR A PUBLIC COMMENTS ON THE NON AGENDA ITEMS. COMMENT WILL BE TAKEN FROM THE

[PUBLIC COMMENTS]

AUDIENCE ON A NON AGENDA RELATED TOPICS FOR LENGTH OF TIME NOT TO EXCEED THREE MINUTES PER PERSON, WHITE CARD AND THEN THE YELLOW CARD. COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON NON AGENDA AND AGENDA ITEMS COMBINED FOR A 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 COMMISSION, NOT TO EXCEED TWO MINUTES PER PERSON. NO ACTION OR DISCUSSION MAY BE TAKEN FROM THE COMMISSION DURING PUBLIC COMMENTS ON NON AGENDA ITEMS. WE DO HAVE CARDS AND. AND WE HAVE MISTER ROBERT BATTLE. IT'S THE YELLOW CARD IS COMBINED. YEAH. THANK YOU COMMISSIONERS. MY NAME IS ROBERT BATTLE. YOU GUYS HAVE DONE A FEW GOOD THINGS SO I DON'T WANT TO TAKE THAT FROM YOU. BUT THE THING IS YOU STILL AREN'T ANYWHERE NEAR TO BEING A QUASI INDEPENDENT COMMISSION, WHICH IS WHAT REALLY WE NEED. WE NEED SOMEBODY TO BALANCE THE INCOMPETENCE OF THE CITY COUNCIL. AND JUST QUICKLY, WE I TALKED ABOUT NON-DISCRETIONARY AND DISCRETIONARY ITEMS. YOU GUYS CAN STILL VOTE. YOU CAN MAKE YOUR VOTE KNOWN. IT DOESN'T MEAN YOU CAN'T VOTE. IT JUST MEANS IT MAY NOT HAVE ANY LEGAL IMPACT, BUT IT CAN STILL MAKE A STATEMENT. NOW, YOU GUYS STOPPED THE TREE FOR A COUPLE OF MONTHS FROM BEING TORN DOWN. 29 INCH PECAN TREE. WHY DIDN'T YOU GUYS CALL SOME TOWN HALLS ABOUT THAT? THIS IS MAYNARD DOWNS. YOU KNOW, WE DON'T HAVE A PLANNING DEPARTMENT IN THE CITY ANYMORE. THEY ERASED THAT. NOW IT'S ALL SERVICE OR IT'S ALL DEVELOPMENT SERVICES. WE NEED PLANNING, FOR INSTANCE, WHEN WE'RE TALKING ABOUT THAT TREE, I THOUGHT MR. MYERS SAID, COME BACK TO US WITH A COUPLE OF OTHER OPTIONS. I DON'T RECALL THE DEVELOPER EVER COMING BACK WITH ANY OPTIONS. NOW. ALSO, WHEN THE CITY ENGINEERS SAY THAT SOMETHING IS OKAY TO BUILD SUCH AND SUCH THERE, THAT DOESN'T, THEY'RE NOT IMPLYING THAT THAT'S THEIR BEST THING THEY CAN DO. WE COULD ALSO SAY, HEY CITY ATTORNEYS, YOU GIVE US THREE OPTIONS AND WE'LL BUILD THAT TO THE DEVELOPER SINCE THEY NEVER CAME UP WITH THEM. THIS NOTION THAT WE CAN'T EVEN REROUTE A PUMP FOR ONE, ONE TREE THAT WHOLE WAY THAT WAS DONE. IT'S AN IMPROPER DEANNEXATION. AND I HAVE A BIG LAWSUIT. I'M TRYING TO GET THAT THROWN OUT. THAT WHOLE THING YOU GUYS GOT PLAYED FOR CHUMPS. SPEAKING OF MONARCH RANCH. THEY'RE HERE AGAIN. AND ONCE AGAIN, WE DON'T REALLY HAVE THE FULL RECORD. SO IF SOMEBODY CAME HERE FOR THE FIRST TIME AND THEY WANTED TO SEE WHAT'S GOING ON, THEY WOULDN'T LEARN ANYTHING. I WAS LOOKING BACK AT MY FILES FROM 2022 AND. THIS IS THEIR LITTLE LEGEND HERE. IT SHOWS WHAT THEIR LAND USE IS. THEY HAVE THIS LITTLE COLOR CODES HERE.

THERE'S NO PARKLAND, NO PARKLAND, PARKLAND. ONE WORD, OF COURSE. SO THE FACT THAT THEY'RE NOT PAYING ANY FEES. AND ALSO I JUST GOT A FOIA REQUEST BACK ON ANOTHER PARK THING, AND IT WAS A RECEIPT FOR $155,000 THAT TOLD ME THAT DIDN'T TELL ME ANYTHING. SO THE PLANNING DEPARTMENT, I'M ASSUMING THEY HAVE WORKSHEETS. DO YOU GUYS DO WORKSHEETS? MOST CITIES HAVE A WORKSHEET THAT SAYS HOW MANY HOMES TIMES WHAT PER HOME? HOW MANY AMENITIES, HOW MANY ACRES, HOW MUCH DEVELOPMENT FEES. SO I'M EVERY TIME YOU GUYS SCREW UP, I'M HAVING TO DO A MUNICIPAL COURT COMPLAINT. AND EVERYBODY IN THERE THAT'S KNOWINGLY INVOLVED COULD BE LIABLE FOR UP TO A $500 FINE. THEY JUST WENT OFF AND HELD A SECRET MEETING ABOUT

[00:05:05]

THE DOWNTOWN PLAN. WELL, WHEN THEY CHANGED THE DOWNTOWN FROM HERE TO THERE, THEY NEED TO GO BACK AND GET RID OF THIS NONSENSE. THIS IS STILL WHAT THEIR DOWNTOWN PLAN IS. SO YOU GUYS NEED TO TAKE IT UPON YOURSELF TO THROW OUT THE COMPREHENSIVE PLAN AND COMPLETELY REDO THAT. THIS NONSENSE THAT THIS IS A COMMERCIAL CORRIDOR. I MEAN, COME ON. SCOTT DUNLOP HIMSELF ADMITTED THAT THE THE DASHBOARDS WERE TOTALLY FABRICATED BY FREEZE AND KNUCKLEHEADS. I MEAN, NICHOLS DID I SAY KNUCKLEHEADS? I'M SORRY. SO I'M ALL FOR YOU GUYS. MR. PIUS IS NOT HERE TONIGHT. BUT AS FAR AS CHOOSING A COMMISSIONER, A CHAIRPERSON AND A CHAIRMAN, ONE THING THAT AGENDA DOESN'T SAY IS WHO PREPARED THE AGENDA? IT'S SCOTT DUNLOP STILL RUNNING THE TOWN. OR IS MIKE? YOU KNOW, I'M JUST CURIOUS WHO PREPARES IS YOU GUYS COULD HAVE YOUR OWN SECRETARY. YOU CAN PREPARE YOUR OWN AGENDAS. I THINK YOU GUYS SHOULD START MEETING TWICE A WEEK. TWICE A MONTH. I ALSO THINK YOU SHOULD GET A STIPEND OF MAYBE 500 OR $1000 A MONTH. WE NEED TO GET PEOPLE THAT REALLY KNOW HOW TO TAKE THE BULL BY THE HORNS, BECAUSE THE DEVELOPERS HAVE TAKEN OVER OUR TOWN. I MEAN, I'M NOT KIDDING. IT'S NOT ONLY THEY'VE TAKEN OVER, WE GIVE THEM MONEY TO DESTROY IT. NOW, THIS THIS NEW PLACE OVER HERE, LOS ESTRADAS AND ALL THESE NEW BUILDINGS.

THAT'S OVER TEN ACRES THAT DEMANDS A PLAZA. WE SHOULD HAVE A PLAZA THERE. WE SHOULD HAVE A PLAZA AT MAYNARD COMMONS. WE SHOULD HAVE A PLAZA AT MAYNARD CROSSING. AND THERE'S ONE OTHER ONE. I'M FORGETTING THE NAME OF IT. THIS ALSO IS MY LITTLE CHIRPER. YES. THANK YOU. OH, I LIKE THAT. HEY, HOW ABOUT LET'S GET A TIMER LIGHT FOR THE PODIUM SOMEDAY? THAT WOULD REALLY SHOW THEM WHO'S RUNNING THINGS. OH, HERE'S MY BIG MAP. I'M SORRY. THANK YOU, THANK YOU.

[PUBLIC HEARING]

ALL RIGHT, AGENDA ITEM NUMBER ONE FOR PUBLIC HEARING ON THE SPECIFIC USE PERMIT FOR UP TO 13,000FT■!S OF MEDICAL OFFICE, E LOT ON 6.76 ACRES, MORE OR LESS. AND BEING LOT ONE A BLOCK, A LOTS OF STRATUS NAUGHT. SECTION THREE, ALSO KNOWN AS 124202 AGAIN PASS MANOR, TEXAS. AND.

WE HAVE MR. ROBERT BATTLE AND WE HAVE A KELLY AGNER FOR SHE DOES NOT. WE WISH TO SPEAK ON THIS ITEM, BUT IS AVAILABLE FOR ANY QUESTIONS ON THAT. YES. THANK YOU. MY NAME IS ROBERT BATTLE. NOW HEARINGS USED TO BE WHERE WE COULD ASK QUESTIONS AND WE WOULD GET SOME ANSWERS SOMETIMES. SO THIS ONE HERE, MY MAIN QUESTION IS BASED ON THE HISTORY OF WHAT WE DO WITH OTHER DEVELOPMENTS, SUCH AS MAIN OR CROSSING AND MANOR COMMONS ON 973 AND 290, WHERE WE GIVE THEM THE FARM. NOW THIS ALSO IS PART OF A TOURIST TOURIST PLAN NUMBER TWO. WHY IS THIS IN TOURS? THERE'S NOTHING BLIGHTED ABOUT THIS. THIS WAS A GIVEAWAY TO PETE DWYER AND ALL HIS BUDDIES. THAT'S ALL IT WAS, PURE AND SIMPLE. SO WHAT I WANT TO KNOW BASICALLY, IS WHAT HOW DOES THE STATUS OF THAT TOURS IMPACT THIS PARTICULAR PROPERTY? BECAUSE FOR ANOTHER REASON. ARE THEY GETTING A CHAPTER 380 GRANT? WE GAVE MAINER 100,100. H-E-B AND WALMART OR NOT WALMART. EXCUSE ME, HOME DEPOT. WE GAVE THEM 20 MILLION BUCKS. HOW MANY MILLION ARE WE GIVING PETE DWYER AND HIS FRIENDS OVER HERE? PETE DWYER AND BART TIMMERMAN HAVE BEEN RUNNING THIS TOWN FOR THE LAST 25 YEARS. THEY GET SWEETHEART DEALS RIGHT, LEFT AND CENTER OVER AND OVER AND OVER. SO WHAT I'D LIKE TO KNOW IS, IS THERE THIS IS PART OF THE TOURS. HOW MANY MILLIONS ARE WE GIVING THEM OFF THEIR PROPERTY TAXES FOR THE NEXT 25 YEARS? OR IS THIS A LEASE, A LEASE SITUATION? OR ARE THEY GOING TO BUY THE PROPERTY? AND THEN THEY'RE GOING TO GET HALF OF THE SALES TAX OR THE PROPERTY TAXES FOR 25 YEARS? THAT'S WHAT THEY DO ON SOME OF THESE GIVEAWAYS. SO PLEASE, I'D LIKE THE ANSWERS TO THE TOURS AND IF THERE'S ANY CHAPTER 380 OVERLAYS ON THIS PROPERTY. THANK YOU. ALL RIGHT. DO WE HAVE A MOTION I MOVE WE CLOSE

[00:10:08]

THE PUBLIC HEARING ON ITEM. ONE SECOND. ALL RIGHT. IT'S BEEN MOTION BY COMMISSIONER STENSLAND. SECOND BY COMMISSIONER TERRY. ALL IN FAVOR SAY AYE, I SAY I. Y'ALL RAISE YOUR HAND. ALL RIGHT, I'LL POST. ALL RIGHT. PUBLIC HEARING IS CLOSED. YES. MOTION PASSED. YES. ALRIGHT. CONSENT AGENDA. ALL OF THE FOLLOWING ITEMS ON THE CONSENT AGENDA ARE

[CONSENT AGENDA ]

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 CHAIR COMMISSIONER, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. THIS IS CONSIDERATION DISCUSSION.

POSSIBLE ACTION TO APPROVE THE MINUTES OF DECEMBER 10TH, 2025. PLANNING AND ZONING COMMISSION REGULAR SESSION. CHAIR I MOVE APPROVAL OF ITEM TWO OR THE CONSENT AGENDA. I'LL SECOND.

ALL RIGHT. IT'S BEEN MOVED BY COMMISSIONER, SECOND BY COMMISSIONER MEYER. ALL IN FAVOR, SAY FIRST. YEAH, THERE'S AN ERROR IN THE COMMISSIONERS THAT WERE PRESENT. COMMISSIONER ALBERT WASN'T PRESENT THAT DAY. SO THERE'S A MOTION TO APPROVE THE CONSENT AGENDA. DO YOU WANT.

SO IF THAT'S IF WE NEED TO PULL AN ITEM OFF. NO, NO. COMMISSION MEMBERS. VERONICA RIVERA, ASSISTANT CITY ATTORNEY. WHAT WE WOULD REQUIRE OR WE WOULD ASK, IS THAT WHOEVER MADE THE MOTION, IF YOU CAN JUST AMEND YOUR MOTION. AND THE SECOND, TO MAKE THE CORRECTION AS NOTED, COMMISSIONER, I WILL RESTATE OR I OFFER TO MOVE TO APPROVE THE CONSENT AGENDA WITH A CORRECTION TO THE MINUTES ON ITEM TWO TO REFLECT THAT NATHAN ALBERT PLACE ONE WAS ABSENT AT THE DECEMBER 10TH, 2025 MEETING. NO SECOND. ALL RIGHT. OKAY, SO WE HAVE THE AMENDED MOTION BY COMMISSIONER, SECOND BY COMMISSIONER MEYER TO NOTE THAT COMMISSIONER ALBERT WAS ABSENT, NOTED IN THE THE MEETING MINUTES. ALL IN FAVOR, RAISE YOUR HAND. ALL OPPOSED? ALL RIGHT. MOTION PASSES. I MOVE TO RECALL ITEM TWO. RECONSIDER. I MOVE TO RECONSIDER. ITEM TWO.

YEAH. SECOND, I KNOW I'VE OFFERED A MOTION. I MOVE TO RECONSIDER. ITEM TWO. SECOND.

ALL RIGHT, WE HAVE A MOTION TO RECONSIDER. ITEM NUMBER TWO AND PROPERLY SECOND. ALL IN FAVOR? I. I'LL OPPOSED. ALL RIGHT. MOTION PASSES. COMMISSIONER, I DIDN'T I DIDN'T NOTICE THAT IT LISTED ME AS BEING PRESENT. MY MOTHER IN LAW WAS ON A HOSPICE CARE AND I WAS NOT HERE ON DECEMBER 10TH. I DIDN'T SEE THAT I WAS LISTED AS BEING PRESENT AT THE LAST MEETING.

[00:15:02]

AND I APOLOGIZE FOR THAT OVERSIGHT. I WAS LOOKING AT THE VOTES AND COULD NOT CALCULATE.

I APOLOGIZE ALSO FOR THE THIRD MOTION ON THE SAME ITEM. COMMISSIONERS, I OFFER TO APPROVE ITEM TWO WITH THE CORRECTIONS TO THE RECORD THAT NATHAN ALBERT PLACE ONE AND JAMES TERRY PLACE SEVEN WERE BOTH ABSENT FROM THE MEETING. IN ADDITION TO THE VICE CHAIR, PRINCE CHAVIS. PLACE TWO. AND I'LL SECOND. ALL RIGHT. OKAY, SO WE HAVE ANOTHER MOTION WITH ANOTHER CORRECTION. AND THIS IS WE'RE GOING TO CONFIRM THESE CORRECTIONS ALREADY. I'M ALREADY ALREADY ON HERE AS AS ABSENT. SO THERE'S PLACE ONE AND THEN PLACE SEVEN BOTH ABSENT OKAY. AND THAT MEANS THAT THEY WERE FOR COMMISSIONERS PRESENT. THAT'S CORRECT. ALL RIGHT. NOW ALL IN FAVOR RAISE YOUR HAND. ALL RIGHT. ALL OPPOSED? ALRIGHT.

MOTION PASSES. ALL RIGHT, SO FOR THE REGULAR AGENDA ITEMS, WE'RE PULLING AGENDA ITEMS

[REGULAR AGENDA]

NUMBER THREE AND FOUR. AND WE'LL MOVE ON TO NUMBER FIVE. CONSIDERATION DISCUSSION AND POSSIBLE ACTION ON A SPECIFIC USE PERMIT FOR UP TO 13,000FT■!S OF MEDICAL OFFICE. ONE LOT ON 6.7 ACRES MORE OR LESS. AND BEING LOT ONE A BLOCK, A LOT OF STRATUS NORTH. SECTION THREE, ALSO KNOWN AS 12402. GAME PASS. MAYNARD, TEXAS. SO ALL RIGHT. SO WE HAVE YOU ON EVERY ONE OF THEM, SIR. EVERYONE. OKAY. SO THIS PROPERTY IS THE LAST ONE OVER WHERE YOU KNOW FROST BANK IS THEY'RE BUILDING THE BRAKES. PLUS THERE'S SOME INLINE TENANT SPACES AND THE BOJANGLES AND WITH IT BEING ZONED C-1, IT DOESN'T ALLOW MEDICAL OFFICE AND PROFESSIONAL OFFICE. BY RIGHT, YOU NEED A SPECIFIC USE PERMIT. YOU'VE SEEN THESE COME UP FOR MANOR CROSSINGS. DONE ONE. AND THERE'S BEEN SOME OTHERS THROUGHOUT THE CITY. AND SO THIS ONE, THERE'S TWO PROPOSED MEDICAL USES WITHIN THE DEVELOPMENT. ONE IS ACTION BEHAVIOR CENTER, WHICH CURRENTLY OPERATES IN THE CITY WITHIN THE MEDICAL TOWER OVER THERE IN CHATEAU GLEN, AND THEN DECA DENTAL. THEY BOTH HAVE BUILDING PERMITS FILED AND THEN THEY'RE BUILDING PERMITS FOR FLAGGED THAT THEY WOULD NEED A SPECIFIC USE PERMIT. THERE'S REPRESENTATIVE HERE TONIGHT FROM ACTION BEHAVIOR CENTER. THEY'RE A LITTLE AHEAD OF THE DENTIST OFFICE IN TERMS OF THEIR PERMITTING AND WHAT THEY'RE TRYING TO ACHIEVE. AND WITH THE THEY'RE REQUESTING 13,000FT■!S FOR THE ENTIRE DEVELOPMENT, WHICH IS NINE ACRES. AND THEN THERE'S THE BOJANGLES LOT ON THE OTHER SIDE OF TILLGANG OR STATE SCHOOL, WHICH I THINK IS STATE SCHOOL.

AND IN TOTAL, YOU KNOW, WITH THE 13,000FT■!S REQUESTED. AND THEN THE BANK, WHICH IS A FINANCIAL INSTITUTION WHICH DOES NOT REQUIRE AN SPS, EVEN THOUGH IT DOESN'T GENERATE SALES TAX, THOSE ARE ALLOWED WITHOUT SPECIFIC USE PERMITS. IT BRINGS THE TOTAL FOR THE DEVELOPMENT UP TO 18,485FT■!S, WHICH IS ROUGHLY ABOUT 35% OF THE TOTAL BUILT AND PROPOSED SQUARE FOOTAGE FOR IT. STAFF IS RECOMMENDING TO APPROVE THE 7370, WHICH IS WHAT ACTION BEHAVIOR CENTER IS CURRENTLY REQUESTING THROUGH THEIR BUILDING PERMIT IN THEIR SPACE THAT AMOUNT OF SQUARE FOOTAGE, PLUS THE EXISTING CROSS BANK, THOUGH, IS 12,855FT■!S, WHICH IS 24% OF THE DEVELOPMENT. IF YOU WERE TO LEAVE IT AT JUST FROST BANK, WHICH AGAIN, DOESN'T REQUIRE THAT SPECIFIC USE PERMIT BUT ISN'T TYPICALLY A SALES TAX USE THAT'S ALREADY AT 10% OF THE DEVELOPMENT. YOU KNOW, THE TOTAL THING BUILT OUT IS 53,000FT■!S. SO I BELIEVE MAR CROSSING, WHICH IS OBVIOUSLY MUCH LARGER DEVELOPMENT, WAS APPROVED TO ABOUT 10,000 OR 10% OF THEIR AVAILABLE SPACES FOR NON SALES TAX GENERATED USES. AND AGAIN, THIS DEVELOPMENT'S ALREADY AT THAT. BUT STAFF IS RECOMMENDING YOU KNOW ALLOWING ACTION BEHAVIOR CENTER TO BE

[00:20:04]

70,070FT■!S. THIS LAS ENTRADAS S A MUCH LARGER DEVELOPMENT. SO THERE ARE OTHER PHASES TO IT THAT AREN'T OWNED AND CONTROLLED BY THE DEVELOPER WHO'S DOING THIS ONE SMALL NINE ACRE PORTION OF IT. SO THERE WILL BE MORE RETAIL AND OTHER SHOPPING AREAS AROUND THIS THAT ARE PART OF LAS ENTRADAS, JUST NOT PART OF THIS ONE DEVELOPER'S PROJECT. AND THEN TO MR. TAYLOR'S QUESTIONS, I ACTUALLY DON'T KNOW IF THE TOURS TWO IS ON THE NORTH SIDE OF 290, BUT IF IT WERE, THERE'S TWO DOESN'T GO TO THE DEVELOPER. THAT IS ACTUALLY IT COMES TO THE CITY AS A RECAPTURE FOR THE CITY TO INVEST WITHIN THE TOURS WHICH THIS DOWNTOWN AREA. AND THEN WE, YOU KNOW, YOU HAVE TO HAVE A CERTAIN AMOUNT OF COMMERCIAL SQUARE FOOTAGE WITHIN THE TOURS. IT HAS TO BE A MAJORITY COMMERCIAL SQUARE FOOTAGE. SO, SO LOS ENTRADAS GOT BROUGHT INTO IT BECAUSE IT'S A LARGE COMMERCIAL DEVELOPMENT THAT ISN'T, YOU KNOW, BUILT OUT AT THIS POINT. SO AGAIN, THE ANY TOURS RECAPTURE THERE IS TO THE CITY FOR REINVESTMENT PRIMARILY INTO THE DOWNTOWN AREA. AND THERE'S NO CHAPTER THREE AGREEMENT WITH THE DEVELOPER. SO THE THEY DON'T RECOUP ANY SALES TAX OR ANY PROPERTY TAX IN THAT. THERE IS A PUBLIC IMPROVEMENT DISTRICT, THE GLEN IMPROVEMENT PUBLIC IMPROVEMENT DISTRICT.

AND SO THAT'S HOW THIS DEVELOPER IS FINANCING SOME OF THE PUBLIC IMPROVEMENTS WITHIN THIS. BUT THAT IS AN ASSESSMENT THAT IS PAID BY THE PROPERTY OWNERS WITHIN THE DEVELOPMENT.

MR. DUNLOP. THE PYD THOUGH, ALSO REDUCES THE AMOUNT OF CAPTURABLE PROPERTY TAX REVENUE FROM THIS DEVELOPMENT. WHILE THAT IS BEING REPAID. IS THAT CORRECT OR IS IT IS IT? NO.

THIS IS AN ASSESSMENT ON THE PROPERTY OVER THE TIME. YES, THE PIT IS AN ASSESSMENT AND WE HAVE A AN AGREEMENT WITH THE CENTRAL APPRAISAL DISTRICT. SO IT'S PART OF THEIR TAX BILL. SO TO PAY SOME PEOPLE THINK OF IT AS A TAX. BUT IT'S REALLY AN ASSESSMENT. SO IT DOESN'T REDUCE THE AMOUNT OF TAXES THEY'RE PAYING OKAY. WE HAVE AN EQUIVALENT TAX RATE THOUGH HOWEVER MAY IMPACT IT IF IT EXTENDS NORTH OF 290. YES. THE TOURISTS, THEY WOULD STILL PAY THE SAME AMOUNT IN TAXES. IT WOULD JUST A PORTION OF THEIR TAX. THE THE INCREMENT INCREASE IN THEIR TAX WOULD GO TO A SPECIAL FUND THAT'S RESTRICTED FOR USE WITHIN THE DISTRICT.

OKAY. DOES THE APPLICANT IS NOT HERE. THERE IS A REPRESENTATIVE FROM ACTION. NO, BUT BUT BUT MR. DWYER AND HIS DAUGHTER ARE NOT HERE OR ANYBODY ELSE FROM DWYER FROM THE DEVELOPER OF LOSS AND TINNITUS. NO, BUT ALSO THIS IS NOT DWYER. THIS WAS PURCHASED. OH, SORRY, CHRIS IN THE BACK. I APOLOGIZE FOR THAT. AND LIKE I SAID, THIS ISN'T DWYER REALTY OR DWYER COMPANIES.

THEY SOLD THIS TO ANOTHER DEVELOPER. SO TO LV LOS ENTRADAS WRE G LP. YES. THAT'S STILL LIKE THE SAME THING, BUT OKAY, I'M JUST I'M SEEKING SOME CLARITY ON WHAT WAS WHAT WAS DISCUSSED WHEN THEY WENT THROUGH THE ORIGINAL PLANNING AND ZONING OR THE ZONING CATEGORY FOR THIS. AS FAR AS THE EXPECTATIONS OF THE CITY FOR THIS, I'M GOING TO CALL THEM GOLD ACRES. AND LIKE SILVER ACRES, THE GOLD ACRES ARE THE ONES THAT WE RECEIVED THE SALES TAX FROM. IN THE CURRENT STRUCTURE OF THE JURISDICTIONAL BOUNDARIES OF MANER, THE SILVER PENNY, THE SILVER ACRES ARE THE ONES THAT ARE NOT CURRENTLY GOING TO THE ARE IN THE CITY LIMITS OF MANER, BUT ARE NOT ARE NOT ALLOWED TO HAVE SALES TAX REVENUE. GO TO THEM IF THAT MAKES SENSE TO EVERYONE. THIS IS A GOLDEN ACRE PROPERTY. SO AND WE DON'T HAVE MANY OF THOSE. SO I'M CONFUSED. I'M CONCERNED WITH EVEN THE THE RECOMMENDATION OF STAFF AS TO I WANTED TO JUST UNDERSTAND WHY THE 7370 WAS CONSIDERED, SINCE THAT WOULD MORE THAN DOUBLE THE.

NON SALES TAX REVENUE GENERATING SQUARE FOOTAGE IN THIS PROPERTY. YEAH THAT WAS A QUESTION TO ME OKAY. SORRY. BEFORE I JUMP IN. MAINLY BECAUSE THIS NINE ACRES PLUS BOJANGLES IS JUST A SMALL SMALL ISH PORTION OF THE OVERALL LOSS AND TINNITUS PROJECT. AND SO YOU THINK OF IT IN THE CONTEXT THAT THIS IS ONE LITTLE SECTION OF A LARGER AREA THAT'S GOING TO HAVE OTHER RETAIL SPACES, YOU KNOW, THAT 24 YOU KNOW, THOSE DIFFERENT PERCENTAGES I PRESENTED WOULD ALL BE REDUCED IF YOU KIND OF FACTOR IN THE FUTURE OTHER COMMERCIAL AREAS.

BUT IF YOU WANT TO LOOK AT IT JUST AS JUST ONE PROJECT, THEN YES, IT WOULD BE EXCEED WHAT'S BEEN PREVIOUSLY ALLOWED. THIS IS THE FRONT OF THAT PROPERTY. THIS IS THE HIGHER VALUE LOCATION ON THIS DEVELOPMENT. IF IF FUTURE PHASES ARE GOING TO BE WELL, OBVIOUSLY THERE'S GONNA BE ONE FUTURE PHASE TO THE EAST AND THEN THE REST OF THE FUTURE PHASES WILL BE TO

[00:25:05]

THE NORTH AND TO THE WEST, FURTHER AWAY FROM THE FRONTAGE WHERE YOU WANT TO HAVE THAT HIGH REVENUE, HIGH IMPACT FACILITY BECAUSE OF THE STREET FRONTAGE. THAT'S WHY PEOPLE DON'T CHOOSE TO SET UP AN ICE CREAM SHOP AT THE END OF TOWER ROAD. THEY SET UP A 290. IN FRONT OF 290, THEY SET UP A YOU KNOW, THE MCDONALD'S IS NOT GETTING SET UP. YOU KNOW, AT THE END OF, YOU KNOW, FM 1100, IT'S BEING SET UP RIGHT THERE ON THE CORNER OF PRESENT DAY IN 90. SO I'M, I'M WORRIED ABOUT I'M CONCERNED ABOUT SACRIFICING ADDITIONAL SQUARE FOOTAGE IN A HIGH AND IN THE, IN THE HIGH PROMINENT LOCATION. SO I'M JUST NO, I'M WORRIED ABOUT WHAT THAT IS AND WHAT THE PRESIDENT IS THAT THIS WOULD BE SETTING FOR FUTURE DEVELOPMENTS, BECAUSE WE'RE USING THE BENCHMARK OF 10% FOR MANER CROSSING. YEAH. MANER CROSSING. AND I KNOW THAT FROM WATCHING COUNCIL ON THAT ONE, THAT WAS A CONSTERNATION BECAUSE THAT'S YOU'RE LOSING SQUARE FOOTAGE THAT IS HIGH REVENUE GENERATING SQUARE FOOTAGE. GOLDEN PENNIES ON GOLDEN ACRES. YOU'RE LOSING THEM BY THE BY THE THOUSANDS OF SQUARE FEET. SO. I THINK I'VE GOT MY QUESTIONS CLARIFIED, BUT THANK YOU. ANY OTHER DISCUSSION? ALL RIGHT. CAN I ENTERTAIN A MOTION? COMMISSIONERS I MOVE WE DENY THIS REQUEST FOR A SPECIFIC USE PERMIT. ALL RIGHT.

WE HAVE A MOTION. WE HAVE A SECOND. I'LL SECOND. ALL RIGHT. IT'S PROPERLY MOVED. AND SECOND, TO DENY THIS SPECIFIC USE PERMIT. ALL IN FAVOR, RAISE YOUR HAND. ALL RIGHT. ALL OPPOSED? ALL. OKAY, SO THE MOTION TO DENY IS IS PASSED. WE HAVE LET'S SEE. ONE. ONE IS NOT IN FAVOR OF THAT. AND. PLACE PLACE ONE NOTE ON THAT OKAY. ALL RIGHT. AGENDA ITEM NUMBER SIX CONSIDERATION DISCUSSION AND POSSIBLE ACTION ON A SUBDIVISION FINAL PLAT FOR MONARCH RANCH BEING 141 LOTS ON 44.68 ACRES, MORE OR LESS THAN BEING GENERALLY LOCATED NEAR THE INTERSECTION OF MONARCH RANCH DRIVE AND GREG LANE, MAYNARD, TEXAS. GO AHEAD STAFF.

SURE. SO THIS IS THE SECOND OF. OKAY. SORRY ABOUT THAT. THIS IS THE SECOND OF THREE PHASES FOR MONARCH RANCH. IT'S 141 LOTS, 134 ARE SINGLE FAMILY RESIDENTIAL, AND SIX OF THEM ARE OPEN SPACE AND LANDSCAPE LOTS AND SO NON-DISCRETIONARY ITEMS. SO WE ARE RECOMMENDING APPROVAL. I'D LIKE I'D LIKE TO MAKE A NOTE THAT ON THE VICINITY MAP THAT THERE'S AN ERROR IN LABELING THE STREET US HIGHWAY 130. I BELIEVE THAT'S GREG MAYNARD ROAD AND SAID THAT THAT'S THE ONLY POINT I WANT TO MAKE. THANK YOU. WE'LL LET HIM KNOW BEFORE THEY SEND US A MYLAR TO RECORD. I WANTED TO GIVE HIM. SOME. OH, IN THE IN THE REFERENCE. PLANNING IS ON

[00:30:18]

COMMISSION. MY NAME IS MICHAEL BALL, DEVELOPMENT SERVICES DIRECTOR FOR THE CITY OF MAYNARD. THIS WOULD BE APPROVED WITH A CORRECTION JUST TO MAKE SURE IT'S STATED FOR THE RECORD IN THE MOTION. COMMISSIONERS, I MOVE APPROVAL OF ITEM SIX WITH THE AFOREMENTIONED CORRECTION TO THE SITE MAP OR THE. IS THAT A SITE MAP? VICINITY MAP. THE VICINITY MAP. SECOND. ALL RIGHT.

SO WE HAVE PROBABLY MOVED IN SECOND TO APPROVE THE SUBDIVISION FINAL PLAT WITH THE CORRECTION TO THE VICINITY MAP. ALL IN FAVOR, RAISE YOUR HAND. ALL OPPOSED. THE MOTION IS PASSED. AND AGENDA ITEM NUMBER SEVEN CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A SETBACK WAIVER REQUEST FOR 505 EAST BURTON STREET, MAYNARD, TEXAS. SO THIS PROPERTY, IT'S A TYPICAL SINGLE FAMILY LOT. THERE'S LOT HERE IN TOWN WHERE IT'S 50 BY 115. YOU CAN SEE IT THERE. IT'S THE VERY END OF EAST BURTON NEAR HAMILTON POINT. THEY ARE REQUESTING THAT A TYPICAL SETBACK WAIVER TO REDUCE THE SETBACKS IN COMPLIANCE WITH ALLOWABLE UNDER CODE, TO HAVE A 20 FOOT FRONT SETBACK, TEN FOOT REAR SETBACK AND FIVE FOOT SETBACKS ON THE SIDE. AND AGAIN, THAT ALLOWS FOR A HOME TO BE CONSTRUCTED THAT MEETS OUR ARCHITECTURAL AND ZONING STANDARDS WITHOUT ANY VARIANCES. SO. COMMISSIONERS, PARDON ME NOT COMMISSIONER STAFF. WE'VE HAD OTHER SETBACK WAIVERS FOR THIS SAME BLOCK, I BELIEVE. CORRECT.

YES. YOU CAN SEE THERE'S TWO HOUSES JUST TO THE WEST OF IT. YEAH. THOSE ARE TWO NEWER HOMES THAT WOULD HAVE I'M ALMOST CERTAIN HAVE ALSO SETBACK WAIVERS. YEAH. THANK YOU. ALL RIGHT. ANY QUESTIONS? YEAH. ENTERTAIN A MOTION. MOVE TO APPROVE. I'LL MAKE THE MOTION THAT WE APPROVE. ITEM NUMBER SEVEN FOR THE SETBACK WAIVER. I'LL SECOND. ALL RIGHT. SO IT'S PROBABLY MOVED IN SECOND. ALL IN FAVOR, RAISE YOUR HAND. ALL RIGHT. ALL OPPOSED? ALL RIGHT.

MOTION PASSES. ALL RIGHT. MOTION TO ADJOURN, I MOVE, WE ADJOURN. SECOND. ALL RIGHT.

IT'S 7:08 P.M. IT'S PROBABLY MOVED. AND SECOND TO ADJOURN. ALL IN FAVOR? ALL RIGHT.

* This transcript was compiled from uncorrected Closed Captioning.