Planning Commission - Regular Meeting

I'd like to welcome everybody to the City of Allen Planning and Zoning Commission regular meeting Tuesday, January 6, 2026. Call the meeting to order and announce that we do have a quorum present. If everyone will please rise and join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Okay, the first item on the agenda is the consent agenda, which is approved by a single majority vote unless one of the commissioners wishes to take an item out of the agenda to discuss separately. Does anybody wish to take one off the agenda and discuss separately? If not, may I please have a motion?

I make a motion to approve the consent agenda as written.

Commissioner Galetti with a motion to approve the consent agenda. Do I have a second?

I second it.

Commissioner Walker with a second. All those in favor, please raise your right hand. And this item carries unanimously. Next item is to conduct a public hearing and consider a request to change the base zoning of .688 plus or minus acres of land in the James T. Roberts Survey abstract number 777 from agriculture open space to local retail generally located northwest of East Exchange Parkway and Allen Heights Drive, also known as 1229 East Exchange Parkway straight zoning. Here to present for staff is Ms. Yawkey.

Thank you, Chair. The agenda item that was just read in the public record and represented by the yellow star on this map is located on the northwest corner of Exchange Parkway and Allen Heights Drive and is, again, straight zoning request. The subject property outlined in red is currently zoned agricultural open space. The property to the north is in PD 80 with a base zoning of single family R5. Property to the east across Allen Heights is also in PD 80 with a base zoning of R6, which is single family. Property to the south across Exchange is in PD 1 with a base zoning of local retail. And property to the west is single family R5. The site is currently zoned agricultural open space and the applicant is requesting to rezone that property to local retail. The picture on the bottom right is just a picture of the site showing it is currently vacant and has some trees on it. A little bit of history on the subject property. Back in 2023, and I apologize in the communication, it said 25, the Planning and Zoning Commission held a public hearing for a request for a planned development with a rezone to local retail in order to construct a dental office. There was concerns from the public at that point The main concerns regarding traffic and the use is permitted in the LR zoning district. The following month in August of 23, the city council ultimately denied the PD and rezoned request to build that dental office. Which brings us to this request today. It is straight zoning. There is no conceptual plan. They just wish to rezone it from AO to LR. In evaluating this, we looked at the 2045 Allen Comprehensive Plan that was adopted last year, and it shows this property as being local commercial. Under the local commercial category, you're going to have uses such as medical, retail, restaurant, personal service, and office uses. When looking at the zoning, they are requesting local retail that has the least amount of permitted uses in the commercial category. So they thought that that was a good fit for this property. And due to the size of the property, development of the site is going to be limited. So we looked at the differences between the commercial districts, zoning districts, and Really, local retail and light commercial were the best choices for this as far as the uses go. But there were two differences as far as rear yard setback and building height. You can see the local retail has a minimum rear yard setback of 25 feet, whereas the light commercial is a minimum 50 feet. However, on the opposite side, the building height is shorter in the local retail at 35 feet, whereas the light commercial is 45 feet. So we still feel that the local retail is the best zoning district for this subject property. As far as the development regulations go, it is simple, straight zoning. Just going to rezone it from AO to LR. I do want to point out, though, that at such time the property is developed, they will have to comply with every requirement in the LR zoning district. Any deviation will require further zoning entitlements. So with that said, staff does recommend approval. It complies with the comprehensive plan. I'm here to answer questions as well as the applicant. Thank you.

Thank you. Do we have any questions from commissioners of staff? If not, if the applicant wishes to step forward, or are they just here to answer? They're just here to answer questions. Okay. Okay. With that, then we will open the public hearing. I have a number of emails that were submitted to the city. Let's Five that were submitted to the city in opposition prior to the meeting, they will all be entered into the public record. I do have several people that have already registered to speak for this item. When your name is called, if you please step forward, provide your name and address for the record, keep your comments to three minutes, and all addresses and questions are to the commissioners. And if we can get answers from staff who are present, then we will get answers to those questions, okay? um first on the list is josh walpole uh applicant i think you wanted to just wait and see if there were any questions okay a second from the applicant brian rogers design draw build llc chairman he's with the fourth race the mustang creek okay Next is Nick, and I apologize in advance if I mispronounce any names, Nick Meyer. That's right. Your turn, please.

Ladies and gentlemen of the Commission, thank you very much for holding this hearing. I appreciate the chance to speak on this. I'm Nick Meyer. I live at 1209 Glen Ellen Court. It's the cul-de-sac just north of this property. I'm the neighbor to the north. And here we are again. The last time we gathered, there was a proposal on the table that really didn't suit the property. They were asking for a number of waivers. We really appreciate the City Council's support in denying that zoning request. That really wasn't something that was going to work for the neighborhood. And here we are again, and it's just a straight zoning request, and it's really the uncertainty that doesn't sit well this time. While they may have to ask for waivers if they need more space, There is not enough space there. We're going to be right back trying to discuss where the dumpsters are going to go, trying to figure out how to keep Exchange and Allen Heights safe with increased traffic due to commercial zoning there. The one thing that is certain, there is no shortage of commercial property. I'm not sure if everyone got the handout. There are a number of photographs. that we provided, this is several thousand square feet of commercial within two miles of this address. This doesn't say, you know, just anecdotally, I know driving around Allen, there are plenty of relief signs. Go to dinner in the villages at Allen, there are plenty of empty spaces to rent. I understand that there's a vision for 2045, but I'm struggling with why commercial at that property in Allen, Texas is really that important right now. I think the safest and most appropriate option for the neighborhood given what's currently available, given what's nearby, given what's empty nearby, really ought to be residential. That's who their neighbors are. That's what the neighborhood really is and what it means. And I'm concerned about, A, having really no control about what could go in once the rezoning is done and the property is sold, but also what happens in a number of years Maybe this is just another vacant property. Worse, maybe somebody moved in and then we see a blighted property in another few years. Thank you very much for your time and consideration.

Thank you.

Next is Rakesh Raghupati. Again, I apologize. Nobody gets my name right either, so I'm right there with you.

Metivier?

You're close, Metivier.

Metivier, okay. Happy New Year, everyone. I've been living in Allen... Name and address for the record, please. My name is Rajesh Ragupati, 1207 Kenwood Court, Allen, Texas, 75002. I've been living there for about 21 years now in the same property. Not much changed in that area. It's been the same. There was a small building in that property of... concern right now that was demolished just about when i moved and it's been empty for ever since as you can see that the property on the exchange is very narrow and on the allen heights is when where the length of it is. So to call it an exchange parkway property and have entrance through that in a narrow at the lights where the accidents happen, there's always a, you know, there have been accidents that I can see from my house, right, of young teenagers getting into accidents or always police sirens going, which I can hear from my house. So therefore, I feel that it's not the best place for a narrow property on exchange to have a local retail in that site because you cannot park, you cannot make a turn. and it will only cause more chaos in that place. And moreover, we are all residents there, and it's not fair for us to have just a small retail shop in the corner of the house, because the garbage and everything will be towards the back of exchange, which is where we live, right? We don't want that trash cans and stuff to face us for a retail or a light commercial. So it's not wise, in my opinion, and I hope you will take that into consideration when you make the decision. Thank you very much.

Thank you. Next registered to speak is Letha Denny.

Okay. Hi, my name is Letha Denny. I live at 1202 Aberdeen. The back fence at my house is what separates from the property that's in question. We did not have the road this close to our fence when we built 26 years ago. Here's the traffic that goes by my fence all the time. Lots of noise. It's not very safe. Here's the picture of my husband parked where the driveway of the old man's house that used to be there. They have told us before at the last meeting they cannot move that driveway. As you can see how close it is to my fence. Here's my husband parked there. You can't see me standing by the fence, but I'm there. Any little kid riding a bike, skateboard, rollerblades, someone jogging with headphones, they're not going to be able to see them. though that car is going to hit somebody. This is the strip across the street from me that was not there when we built. This is my backyard. It is lit up every night, plus the semis that deliver there from 1 to 3 in the morning. The trees that separate on the other side of my fence is the only thing blocking the lights from shining completely lighting up my yard. And the trash. We have rats because right here is the corner of our fence. We are battling them all the time from traffic, the waste and everything. And if they add more dumpsters, it's just going to be much worse. So thank you for your time.

Thank you. Next registered to speak is Emily Meyer.

Good evening.

I'm Emily Meyer. I live at 1209 Glen Ellyn Court, so obviously my husband just spoke. So good evening. Thank you for your time. Even though the proposal to rezone this property was nearly unanimously rejected by city council about a year and a half ago, I do appreciate your time taking time or the time you're taking to listen to all of our concerns about this property. Obviously, I own the property on the north side of the plot of land, and you'll have to forgive me because I'm using references to the comprehensive plan from 2030. I'm hoping it's sort of similar to 2045. I'll have to check again. But basically, when we did this last time, I looked at the ALDC for building regulations and the comprehensive plan because that seems to guide the decisions that get made here. As I looked through the comprehensive plan, this piece of property was designated as infill development. The plan states that the purpose of infill is to provide accessibility to existing infrastructure, newer design standards, and a diversification of land uses, especially housing. I do not believe this rezoning plan meets those purposes for the following reasons. Rezoning this land as retail would not create any infrastructure improvements, does nothing for multimodal connectivity, and it actually decreases access for neighborhood residents because increase in traffic at those two curb cuts that get used zero times now per day will be used possibly hundreds of times a day with retail. According to our local realtor, Collin County tax records show that the county assesses homes that are adjacent to commercial properties at a 2% to 5% decrease, and houses next to commercial properties spend longer on the market. This will not increase property values in the neighborhood, as is recommended in the comprehensive plan, but instead it will negatively affect multiple community members that live nearby. The majority of this neighborhood is residential. This land was originally residential. You can still see the footprint of the house that was there, and that is the character of this neighborhood. The community character would not be enhanced by more retail space when there are already so many nearby retail spaces currently sitting empty. This infill space should be used as the 2030 or 20, hopefully 2045 plan states, especially for housing and in a way that complements and enhances community character. Allen is an amazing community that people move to and then they stay here. It's why our schools on the east side are shrinking and being rezoned because young families mature and continue to stay. We're an example of that. I have a senior and a freshman, right? But we have stayed in the same house. Our elementary school is no longer getting a turnover from us. Um, so to keep our city and schools vibrant, we need to provide more housing for young families. I hope that you'll evaluate this plan and compare it to the guiding public documents. I urge you to think about the consequences of your decision for the many community members who are here and who border this plot. I want to be clear that we're not opposed to developing this land, um, which we told the realtor who started all this. Um, uh, we just want it to be developed in a manner that's consistent with the neighborhood and that meets the current needs of our city. Thank you for your time.

Thank you.

Next is Bob Brugger.

Hi, I'm Bob Brugger. I live at 1206 Aberdeen, kind of right off to the side. I own a pest control company, so the first thing I'm going to talk about is the rat problem. We are going to have a massive problem with that because when they build a fence going across, it's going to put a little runway that's going to go right between the lady's house and across ours. The rats are going to be going across there like crazy. It's hard enough to fight what we have right now. They're bad, and what's going to happen now is we're going to have the dumpster that's going to be sitting there, which is going to be right next to either two of our properties or somebody else's property, which means we're going to basically be smelling that dumpster. We're going to have rats in that dumpster. We're going to have a huge problem because it can't be put at a distance. But the biggest concern that I do have is if you stand at that property you have a wall that blocks that sidewalk, and if you have an exit going out, I promise you, which I do not want to, but somebody's going to get hit or somebody's going to get killed because joggers run that. Kids going to school every day ride their bike going back and forth, and we have people that are riding and jogging all day long. That's a blind spot. You cannot see coming out there Anybody that's going across there, you are going to hit somebody, I guarantee you, which is going to ruin the lives of the person who gets hit and also the person who does the hitting. So I honestly can't see how we could have an entryway at that spot. It just can't happen because they've widened that road out and they've cut it off totally, so there's no way you can not have a blind spot there. But the lighting also is another issue, too. It's going to be lighting in all three of our yards. They're going to say it's not. But you saw her photo that shows that the light just comes right in. It's going to be basically just light up all area. And that was a residential area. I could see a park or something. Maybe the city picks it up, puts a park in there. We don't have any parks. There's nothing in our neighborhood where the kids can actually go. The families have a place to go. We don't have that. I mean, we go down to Marion or whatever, but all the other subdivisions, they have their own little areas for kids to go, a little place to hang out or do something. We don't have any of that. I could see maybe that, but as for putting a retail business in there, I just don't think that would be safe because you've got an entryway coming in and a dangerous exit going out. Thank you.

Thank you.

Okay.

I don't have any other blue card from people who have registered to speak. Is there anybody else in attendance wishing to speak for or against this item? Applicant wishing to make any comments before I close the public hearing? And your name and address for the record, please.

Sure. Josh Walpole, office address is 1002 Raintree Circle, Allen, Texas. I'm assisting the current landowners with the zoning change. As previously stated, there is traffic concerns there as well as some some light headlight concerns as well there which goes ahead and validates the point that residential use there may not be the best use for the city of Allen it actually decreases the livability of the landowner who would purchase that property and build a house there So they would have to deal with all of the headlights, all of the noise, all of the traffic there. With the local retail option, it hasn't been determined the dumpster location quite yet because we have not identified a future buyer due to the current zoning. And then also I would say that the dental practice that did apply about a year and a half ago, two years ago, is actually located on the opposite side in that planned development local retail section. And so with the comprehensive plan of 2045, it does already incorporate this land as local retail or commercial. Thank you.

One last time, anybody wishing to speak for or against this item? If not, I will close the public hearing, turn the item back over to the commissioners for any questions or comments they might have.

Kim, do you have a picture of that corner? I drove by it, but it's been a week or so. Do you have a picture of it? Of showing each corner?

I do not. Okay, thanks.

Does your presentation show the overhead of all the properties around there?

Yeah. Does that help you?

Yes.

Okay.

Yes, let me look at that.

Any questions? I guess I have one right now. is just as you said is a straight zoning change so there is no at this point no understanding of who or what would be developed on that land it's giving the the right to go to local retail of what is uh what is determined is a right to be able to build in that land correct correct there's no current understanding of who or what or might be able to go in there or where things are located there is not okay And then another question is that we have had multiple people who both emailed and talked about tonight is about the traffic. This is relatively close to where I live, so I do understand the traffic patterns and the walking patterns in this particular area. There is a concern with the western corner, the southwestern corner of it being the brick walls, the big screen wall. being very close, do you have a better understanding of how we would control or be able to help govern the entry points and access points into this piece of property if we do go ahead and it gets approved as like retail? Is there anything that can be done to help mitigate the positioning of entryways, of limiting it only to Allen Heights and not onto Exchange, things like that? So I was just curious if

the staff has had a chance to kind of look at options and kind of look through a potentials of where Where we be able to kind of help guide for anything that's built on this land to work Due to the fact that we do not have a development Currently proposed for the site we have not gone into that type of detail that would happen when we have a site plan to review for additional review or questions, Chris Flanagan, who is the director of engineering, he may be able to answer those. But again, we do not have a site plan at this time to even speculate on what something, a driveway should or shouldn't go. Chris, did you want to answer anything?

Good evening, Chairman Metivier and members of the Commission. I would agree with Kim that the opinions are somewhat limited here when you don't have a site plan to specifically evaluate or scrutinize. But in listening to the thoughtful testimony from the residents in the surrounding area, it's my understanding there's a concern about an outbound movement with limited site visibility. And that's something that would be considered during the site plan process by staff through the TRC review. at the risk of designing from the dies, so to speak, which probably should be avoided, one of the tools in the toolbox may be that the driveway is an inbound movement only instead of an outbound movement. And the geometry of the driveway could be positioned in such a sharp turn, such that it would make it difficult for a motorist to come outbound, which would force the visiting traffic to come in off of Allen Heights Drive. I'm sorry, come in off of Exchange and maybe have an inbound or an outbound movement off of Allen Heights. That's just a knee-jerk reaction to, you know, there's a myriad of other considerations that go into site plan review, but that's just something that comes to mind that may be able to ameliorate that. Does that help in any way? It does. Thank you. Okay.

Kim, I have a question. For the previous, for the dental office that City Council declined to approve, was there any reasonings as to why they would have declined that and then, you know, would be open to this change? What would have changed between now and then?

The reasoning City Council, there was no specific reason. We felt that It was just not a good fit at that time. The comprehensive plan at that time didn't call for commercial at this site. So that has such change. The newly adopted plan does call for commercial. So they have not seen this yet. So once Planning and Zoning Commission makes a recommendation, they will see it again.

Any other questions? Nope.

Gary.

It just never wants to work for me.

There it goes. The button never wants to work for me. I appreciate everyone's concern. The information that you guys have provided, I've written down all your concerns and kind of summarized it. You know, some of you commented about how you remember when there was a house or some sort of structure on the property, which caused me to remember when this whole area north of Exchange was wheat fields. So Allen has changed so much in the past 30, 40 years. It's why we all live here now, because we love it. And the hardest part is, you know, looking at these In infill locations and as we change and as we grow Not just looking at What it's going to be or might be but all the other options that might be and what's the best use for it? How could it be retail? How could it be residential and all of that and so we have to use some of the guidelines that we have in place and I Just appreciate everybody's concern and I

i know where i'm going to go but uh give me another 60 seconds and i'll probably decide so that's kind of where i'm at today okay any other questions comments okay i do have a few um there have been several comments and questions about why this property could not be used for residential purposes uh in addition to the land use plan and backing up a second did the 2030 plan also not call for this property to be some sort of commercial or retail Office.

Yeah, okay.

So that was in place for a while. So in addition to there being no residential on the future land use for this property, that you cannot have, and Mr. Flanagan can correct me or expand on what I'm about to say, you cannot have a driveway for a residential property exit or enter from a thoroughfare, especially exchange. Is that the case also for Allen Heights? So you can't, there's no way to even put residential on this property because of its location on these two thoroughfares. As Kim pointed out, this is a straight zoning, so when the applicant comes through for any site plan process, they have to comply with all of the regulations in the ordinance. So if there are any deviations or variances requested, then it has to come back to P&Z and City Council for those variations. There was a note mentioned in the write-up from staff about the difference between the local commercial and local retail, and I printed out the entire schedule of principal uses, and for sure the local retail has far less permitted uses than the local commercial does. so that minimizes you know what can go on that property a few of which are the office scenarios in the local retail so it it also allows for that so um those are you know the comments that i had in reviewing all this information that's been talked about by staff and my recollection of being up here on for the previous public hearing and the discussions with council on the work sessions on the comprehensive the future land use plan in the comprehensive 2045 so yes they acknowledge that had to be tough decisions and as Gary said we've just those are kind of the guidelines that we're working under Any other questions? Comments?

Has Parks and Rec looked at making a park out of that area? Do they have any plans, anything north of Exchange there?

No. And my one conversation with a representative from Parks, they would not consider this property because of its proximity to the intersection.

Okay.

No?

Okay. If there are no more questions or comments, may I please have a motion?

I make a motion to recommend approval of the request to change the base zoning of 0.66 plus or minus acres of land in the James T. Robert Survey, abstract number 777, to local retail.

We have a motion to recommend approval of this item by Commissioner Stoker. Do we have a second?

I will second that.

Commissioner Walker with a second. All those in favor of recommending approval of this item, please raise your right hand. We've got five for. How many of you against? Please raise your right hand. All right, so we have five for the motion and two against. This motion passes. Next step is to City Council on January the 27th. Next item on the agenda is to conduct a public hearing and consider a request to change the base zoning of Lot 2, Block 1, Bethany Pet Hospital from agriculture open space to single-family residential R3, generally located 210 plus or minus feet north of the northeast corner of the intersection of Heritage Parkway and Bethany Drive, also known as Heritage Parkway Straight Zoning. Here again to present from staff is Ms. Yawkey.

Hope you guys don't get tired of me tonight. The agenda item that was just read in the public record and represented by the yellow star is generally located approximately 210 feet north of the northeast corner of the intersection of Heritage Parkway and Bethany Drive. And again, it is a straight zoning request. The subject property is currently zoned agricultural open space. Property to the north is zoned single family R3. Property to the east is zoned single family R5. Property to the south is AO, agricultural open space. And property to the west across Heritage Parkway is in PD22 with a base zoning of single family. There was a final plat approved in November of 2016. This lot was part of Animal Bethany Hospital and it is approximately one acre in size and there's an existing single family home on the property. They are proposing a single family R3 zoning district. I would like to point out that the property east of the site, which is R5, that was a straight zoning request in 2024, and that is currently in engineering review. Again, we evaluated the comprehensive plan with regards to this property. It calls for low density residential, which is anywhere from half an acre to five acres in size, with a maximum of five lots per acre. We looked at the proposed zoning that the applicant is requesting. They're requesting the R3 zoning. The ALDC states that it should be a maximum of three lots per acre with 12,000 square foot lots. As far as the development regulations go, pretty simple again because it's straight zoning. Just going to take it from AO to single family R3. And because it complies with the comprehensive plan, staff recommends approval. The applicant is here to answer questions as well as myself, but there is no presentation. Thank you.

Thank you. Do we have any questions of staff?

Um, I guess, like, I'll go again and do have a question. So, on the property, the are 5 that is strictly to the east. That was rezoned. Um, you said it's an engineering review, correct? And I don't remember where the access points were that for those homes were. I do know that there is a road that runs along the northern side of that property. That's behind the fencing that goes to the back. which was the far east side. It kind of goes to the home and the structure back there. Will that be retained as part of access? Do you know? The gravel road that's currently there.

Right. The Bethany Hill, or I think it was called Bethany Hill or Bethany something, subdivision that was approved in straight zoning in 2024, a deal, they purchased the property from that existing single-family home on Bethany and so they will be as part of that subdivision they'll be creating um an access driveway to the new subdivision which then will have access to Bethany that development will have to happen first because this particular site there is a easement on the north side of the property that gives access to that existing single-family home um or east of the site. So yes, the property of the motor will have to be developed first before the easements can be removed to remove the existing driveway.

And then a couple other ones is that I noticed in one of the emails that we received our input is that the current structure of that single-family home is not going to be removed. It's just going to be remodeled. Correct. And so the amount of land left is, and if it's our three, what's the practical number of properties that would actually be developed on that land? We're looking at a maximum of three homes?

In discussions with the applicant, again, he's looking to retain that home. He wants to remodel and live there and then have one other lot.

One other one? Okay, so this boils down to a single additional structure. Correct.

Thank you.

Any other questions or comments? Okay. If not, I will open the public hearing. Again, we do have one. No, that's a different one. Never mind. If there's anybody, open the public hearing. If there's anybody here to speak for or against this item, please step forward. Seeing no movement, I will close the public hearing. Again, turn the item back over to the commissioners. Any questions or comments, please? If none, may I please get a motion?

I make a motion to recommend approval of the request to change the base zoning of Lot 2, Block 1, Bethany Pet Hospital to single-family R3.

Commissioner Katheria with a motion to recommend approval of this item. Do we have a second? I second. Commissioner Boss with a second. All those in favor of approving the recommendation for this project, please raise your right hand. And this motion carries unanimously. Next step for this item is City Council on January the 27th. Correct.

Thank you.

You might as well just stay here. The next item on the agenda is to conduct a public hearing and consider requests to establish a planned development with a base zoning of light commercial regulating the development and use of 2.424 plus or minus acres of land in the Peter Fisher survey Abstract number 324, generally located 580 plus or minus feet west of the northwest corner of the intersection of Allen Heights Drive and Main Street, also known as Mustang Creek. Here to present for staff is Ms. Yockey.

Thank you again. Last time I have to talk to that. I promise you. Um, as chairman stated, the subject property is represented by the yellow star on this map and it is generally located 580 feet West of the Northwest corner of Allen Heights and main street. This one they're actually going to retain the zoning of light commercial, but they're requesting a plan development and adoption of the conceptual site plan for 4.2 acres. Their proposal includes three commercial buildings. There is an existing eight foot wide bike trail on the subject property, which brings us to the main reason why we are here and the PD request. Main Street is classified as an M60 arterial street. And the ALDC does not allow driveway spacing to be any less than 310 feet apart. It does allow the city engineer to give up to a 35% reduction. But in this particular case, even with that reduction, they would still not comply with the ALDC. There is an existing driveway. on the property east of the site. It's more of an access drive. It leads behind the buildings. The dumpsters are back there. We did explore, you know, other locations, but none of the locations comply with the ALDC. So in order to develop the site, a PD is required. When we looked at the development regulations for the property, they are going to comply with all the ELSI or light and commercial requirements. We have started the site plan review process and that's what had determined that we had to go through the PD process and they comply with all our other aspects of the requirements. So there is no other requirements to add to the development regulations. The concept plan if this is ultimately approved we will finish that review and it again does basically mirror what the the site plan Would have shown in your documents, but it will allow Driveways to be no less than 90 feet so it will allow the driveway to be in the middle of of the property as shown and Again, it will have very little negative impact on any neighboring properties With that said, staff does recommend approval. This is being reviewed in the Technical Review Committee, and if approved, we will finish that review and make sure that everything else will comply with the ALDC requirements. The applicant is here, does not have a presentation, but is available to answer questions. Thank you.

Any questions? Just for clarification, there's a couple slides on here where you referenced that it's four point something acres?

It's 2.4, I'm sorry. Okay, I just wanted to get that clarified in public record.

Okay, thank you. Any questions of staff? If not, I will open the public hearing. There is a letter that was submitted to staff in support of this project, which will be entered into the record. I have one applicant.

That's really Heritage Park. This is residential.

Oh, that was the other one.

Okay.

Kate must have accidentally put the wrong one on there. I'm sorry.

Okay. You caught it. One blue card submitted from the applicant doesn't say whether or not you wish to speak for this item.

I'm just here to answer questions if you have any.

All right. Very good. Thank you. Anybody else wishing to speak for or against this item? If not, I will close the public hearing. Again, turn this item over to the commissioners for any questions or comments.

Kim, could you go back to the picture with the measurements? So this is saying plus or minus 94, and then in the change it says within 90 feet. So would 94 meet what normally would be allowed, and then the switch is to 90?

Well, no. What normally is 310. So then with the 35% reduction, it's about a little over 200. And so when we take the measurements, they're at 94, but we put 90 in the ordinance, no less than 90, just to give us a little bit of room.

Perfect. Thank you.

So if I remember reading the information in the packet, because of this being a PD, the council is going to get final say-so on this?

Correct.

All right. Yeah. I'm back and forth on the distance, but I think at this point it's good for... for me to approve and let the city council worry about the details on this. I have other concerns that aren't zoning related, and I'll bring those up if we see it. So thank you.

I guess one clarification is that the driveway to the east is primarily a fire lane and easement access. This is from what I believe I read in the packet. Yes. It is not currently used as a primary in and out of the shopping center to the east.

Somebody could use it. It's just it's not the primary.

And based on the site plan that you see here, I think it's still up, yeah, is that there is no access from this new development into that easement or fire lane. They're kept separate. Is that correct? Correct. Okay. Thank you.

Any other questions or comments?

Okay.

If not, may I please have a motion?

I make a motion to recommend approval of an ordinance to establish a planned development with a base zoning of light commercial and to adopt development regulations, a zoning exhibit, and a concept plan for 2.424 plus minus acres of land in the Peter Fisher survey abstract number 324.

Commissioner Cotheria with a motion to recommend approval of this. Do we have a second? Second. commissioner stoker with a second all those in favor please raise your right hand and this motion carries unanimously next step for this is to the city council on january the 27th thank you thank you kim and with no further items on the agenda we are adjourned