Planning & Zoning Commission - Regular Meeting

Pre-meeting briefing. It's now 6.03, September 8th, 2026. And our meeting is now in order and first item is administrative comments. Ms. Hensley?

Next is review the agenda items. Item D1 is to consider the minutes for the August 11th Planning and Zoning Commission meeting. Are there any additions, comments, corrections? Motion. Okay. Item D2 is to consider the minutes for the August 25th Planning and Zoning Commission Okay, item E1 is to consider a request for a specific use permit for a nail salon to operate at 1637 Keller Parkway. And Mr. Flanders, you have this one?

Comments? Item E2 is to consider a request for a specific use permit for a dog grooming and boarding facility to operate at 750 South Main Street. And Mr. Edelman.

Okay, good. Questions? Item E3 is to consider a request of variance to the City of Keller Unified Development Code And that is Ms. Dunham.

So how much larger is the new sign versus the old sign? Proposed. This is existing.

It does. They requested services of the city about trimming the trees and making some adjustments to the sight lines. Is that within something the city can do or is that outside?

It would draw more attention, but we can talk about that later.

Item E4 is consider a planned development zoning change for commercial and light industrial to planned development mixed use for Samantha Springs Commerce Park Edition on North Main. And Ms. Hensley, that's yours.

Any questions? Process or whatever? That is a public hearing and, of course, we'll work our way through that. Item E5 is to consider a, well, that's an amendment to the fluff if we approve E4. If E4...

Item E7 was considered a requested site plan with variances for Kroger at 1025 Keller Parkway. And again, Ms. Hensley?

So we're going to do the... site plan comes first, and then you're going to do all these amendments, variances? Is that what I'm getting from this?

Well, I think it would be helpful for everybody to get all the presentations at once, because especially if they're public comments, they're going to make comments that are probably more germane to the SUPs than... You mean to the cyclone? Yeah. It's just because the comments are all going to be in the middle, so it would be helpful to just get everyone's feedback at the beginning.

So we're going to vote on each one of these things. Are you saying there's 15 items to vote for?

So one vote for the SUP, one for site plan. And then when you guys present it, break it down. the public is going to speak on that agenda.

Do we still legally have to do two public hearings?

Oh, you're right. And if that, the SGP, with all of those variances, if the commission ends up making, there's a difference of opinion about those variances, we are going to hand it like an amendment to the question on the table. So somewhere in there, somebody is going to make a motion to approve And with that, I will say, is there any further discussion after we get a second? And then we can start amending it to our hearts of content. But it may be that the first one, we take a vote on it, we discuss it, we vote on it, it goes down. The second one, we discuss it, we vote on it, it goes up. A

Are there any other questions? Has Kroger, since they have acquired the Tom's Tom, have they discussed what the plans are for that particular grocery store? Since it's a different brand, but they own that grocery store.

So they own Kroger's and TomTom and they want to put in another one. They want to replace Kroger with a bigger Kroger.

They don't want to add a third. What did you just say? You said they own TomTom? Kroger owns TomTom. They bought Alvarez's.

I got you. So you've got Kroger that... going to go in the graveyard, but it's not going to be probably torn down. Then they own this tom-tom. What are you going to do with it? Then they want to build this big, beautiful thing off the center of the road.

Okay. Well, in the interest of keeping this meeting tonight somewhere going to end before midnight, I would like to focus on the question on the table, which is only the new Kroger What they do with the old Kroger and what they do with Tom Thumb is being discussed.

It's a pretty germane discussion for me because their plans for that building and that grocery store are fairly important to how I would consider a vote on it. Because if you think of... that corridor, if building this new super program causes two large commercial spaces to go vacant, I don't want two Spirit Halloweens on 1709 River Snow. That's not what I want in town. We have one member from council here. I know that's not what council is gonna want on our main corridor. I think it's pretty important. I would like to hear from the applicant.

the role of a commissioner to get too far astray. That is what we have a city council for. They will determine how the development of the city goes beyond that corridor on that corner.

So if they... So you're saying if you're going to rule it out of order if I ask them what their plans are for it? Because I tend to ask that question.

Well, you can ask that question and then if that question is not answered quickly, reasonably quickly, and I don't know what that means, three minutes, two minutes, whatever, but then we're going to keep moving. And again, sometimes I think the commission, we kind of get astray. We start solving all the problems in the community instead of what's just in front of us tonight. And when that goes forward to the council, then that would be very appropriate. I'm sure they're going to hear quite a bit from the community on those issues.

I want to quickly say I agree with Eric, though. I think it's more germane than that. I think that it is in the purview of the planning and zoning to know what they're doing with part of the zoning that's across the street that they own. So I agree with Eric.

And I think if you shut it down, one of us will probably bring it right back up. just because it's too big a deal because there's four grocery stores that two survive. One's a church and one's a Planet Hollywood, Planet Fitness, Steinmark, it failed. So you're gonna have two ghost towns. I think it's, as a citizen, you're representing citizens, so I think it's only fair that if they're gonna turn this into a desolate ghost town, we should know that.

Yeah, if they didn't own those facilities, I might.

Yeah, I didn't know that they bought Tom Thumb.

And in the discussion where they met upstairs, that was one of the biggest things that the citizens talked to me with there, I think, that night.

Well, FYI to the commission. If you don't agree with a ruling from the chair, you can appeal the decision of the chair.

which other side that you want to be on. So there is a mechanism for handling that.

I think it's a great idea we know this ahead of time. You do know this ahead of time.

Okay. Thank you. I know it ahead of time. Okay. Any other questions? I know one of the issues that the staff has been working on is the traffic issue. Is that going to be detailed briefing during our presentation from your presentation.

Yeah, it would be helpful if you want to. We have the time. Let's go ahead and use it.

While he's doing that, the other question I have is kind of a parks and rec thing because do we have the maps that show where both of these, this and the springs, are going to be connecting in?

I meant to ask with the last public hearing, we're going to be connecting in the Springs project into the, they have a plan to go into our existing parks and rec overlay.

or they're talking about doing part of the road where they're going through snow, are they not going to do that part of the trails? That they will be required to. So I didn't know whether we had the map so that everyone could be able to see that they would. Yeah, we can pull up the trail map. Yeah, just for in there. Sure. Thank you. While he's getting that pulled up.

How many acres is this super center? Okay.

There's like a fence there, right? Or something that blocks it? I can't remember.

So sorry, can you go back for a second? You said there were some concerns about that corner. Are they real concerns or are they not real concerns?

So how long do we live in F and D before improvements are actually put in? Because I'm hearing that we approve it, they start making changes to the site plan and traffic actually starts following.

Question for you, if you can, I don't know if you can zoom in or whatever. Right now, Roche knows two lanes from Johnson to 1709. So right in front of Kroger, they're going to make it four, five, six lanes? They're going to tear it into their own property to make it that many lanes? Yes. So that's what I heard you say.

So you're driving four lanes, and when you get to that church turn in, it goes to two. So I certainly just want one person to answer. Okay, thank you. Oops, got to go back to the hidden slide here.

So, but today, I can't make a left turn into that, if I'm going eastbound on 1709.

To me, that's going to be the problematic one because traffic backs up at 1709. You come out on Sunday with church, and now you're going to ask me to allow a right, a left turn across all that traffic is...

I see it actually similar to, so I live on, excuse me, I live on Chandler Road, and that stoplight at Johnson, or some field backs up that far, and it There's two car accidents a month at that intersection. So when I saw this, it kind of made me a little nervous on that through, because folks are usually going to try to shotgun it across from Starbucks to, I don't know if Starbucks is somewhere we went to. I think that left turn is kind of problematic from a safety standpoint.

But it's far enough back from the light.

As I said, it's the same, the problem, the problem, well, it's not really the problem, it's the silver screen across left, and it is...

Yeah, and I was just saying, it just seems like it's so much further that most people go to the one behind, past the Starbucks.

If the senator could get to that church, not to allow left turns out of the church. It'd have to be right on.

that's why you stop it you just on sunday you shut it down because either a you get a cop to shut down traffic around the left you pay him to do that or b

Sorry? How many entrances and exits do they have at that church? Two. One on Rooftop and one on 1709. That's what I was afraid of. And then empty into that addition. No. It's a fire gate.

And the one that goes into 1709 is actually the road and it's not really their entrance. It just happens to go to their church.

And that's when they're asking for a waiver or an exemption from the seat?

Well, but those two aren't there. It's the two circle ones that are the difference. Not all the others because we already had red in the other ones. So it's really just the two circles that got created.

But today I'm an 8. And now I'm going to an 8.

And this is what I'll say out there as well. young people and your wrecks are going to quadruple and it's going to be fatalities and major things because brand new drivers and you have confusion so there's got to be something from that the police get involved in this planning tech stock gets involved because you've got brand new drivers. And so it could even be the point that they're not even allowed to go down Roof Snow at 3 o'clock or 8 o'clock in the morning. You shut it down. They have to go a different route. Because you already got F's.

I'm just waiting for the fatalities. Well that's just wait time though. It actually would make it harder to get in an accident if they're waiting in line for

There's going to be more distracted drivers who are going to have more around into the back of you because they're not paying attention.

Yeah, and the other thing I didn't read in all that information was what was the projected volume into that grocery store?

Because right now, the volume is split between Kroger and Tom Thunk. You left or right, reach either direction. Now they're all going into that one place.

Well, recall that we don't know what they're doing with Tom Thunk.

No, I'm just saying. Just right now, it's split.

And this has already been bought and paid for? This land?

the land years ago, right? They've owned it, you said 2016?

Correct. Your slides were very good. Very good.

Did 2016 have the same kind of traffic scope? I'm sorry? Did 2016 have a similar traffic scope?

And the 2016 site plan did have a gas station. Yes, sir. Are there electric Charging stations associated in this? No, they weren't on that plan. They weren't on that, okay. All right. Well, the way that I anticipate this happening, we have public hearings on six of these agenda items, but you can see that the latter two are the big advance, and there's probably going to be some interest there. So I'll make a statement to the folks that are out there to speak that they can talk to us under persons to be heard, or they can wait for the public hearing. So we may see quite a queue for persons to b

He usually tells them if they're here to speak on the public hearing to wait, but I don't know that you can mandate that they don't get to speak, right?

No, I'm not asking not to speak, but just because I'm into this meeting, if you could just say, hold your opinion to one time.

Okay, I can request that. minute so anyway if they want to speak for the three minutes and they're welcome to do so so anyway we've got seven or eight minutes before we move to the dais we do have one of our commissioners is going to zoom in on us so staff I've asked Sarah if you see Bill Schlegel waving at you probably wants to say something so bring it to my attention if I'm not aware of it since that monitor is over in the corner and with that chairman we do have one more item on the agenda after public hearing consider request to approve the amendments to the City of Keller UDC adopted ord

Can I ask a question about what's permitted by permit versus SUP? Are we also discussing that? Absolutely.

Let's call this regular meeting of the Planning and Zoning Commission City of Keller meeting to order on September 8th. It is now 7-0-4. With that, would you please join me for the pledges to the flag? Please stand.

I pledge allegiance to the flag of the United States of America,

Honored the Texas flag, I pledge allegiance to thee, Texas, one state under God, one and indivisible. Okay, thank you very much. I'd like to introduce your Planning and Zoning Commission, starting with my right down here, please.

And I paused there because I was waiting for one of our commissioners is going to join us via Zoom, and he will join us shortly, I'm sure. And I'm John Baker, your chairman for this evening. Okay, continuing with our agenda, this is persons to be heard. This is a time for the public to address the Commission on any subject. However, the Texas Open Meetings Act prohibits the Commission from discussing issues which the public has not been given three business days notice. Issues raised may be referred to city staff for research and possible future action. Each speaker will be allowed three minut

This is just to approve the consent agenda. Oh, a motion to approve the agenda on the table.

Okay. And Commissioner Farner? I second. Okay. We have a motion and a second to approve. Any further discussion? Let's go ahead and vote. Consent agenda is approved 6-0 If Miss Helms me when you see if you see our Zoom Commissioner show up. Would you give me a heads up, please? Certainly All right. Now we're at item new business a one which is a public hearing That item is to consider a request for a specific use permit for Earth Nail Spa to operate in a 2,675-square-foot lease space within a 7,500-square-foot building on approximately 1.03 acres located at 1,100 feet east of the intersection

All right. Thank you very much. If the applicant is here, do you wish to say anything? Okay. Seeing no interest, Commissioner Farner?

A motion that we close the public hearing.

And Commissioner Leish? Second. Okay. We have a motion to close the public hearing with a second. Any further discussion? Let's go ahead and vote. Okay, the public hearing is now closed. The vote was six to zero. Are there any? I see Commissioner Farner.

Yes, Mr. Flanders, I don't know if you have it available, but do you know how many nail salons are currently kind of in this area?

Okay. Well, I have no issue with it, and I welcome, you know, a company that wishes to expand into Keller.

All right. Thank you. Commissioner Scott?

Erin, Commissioner Erin, she asked my question.

That's good. All right. So with that... Commissioner Lice.

Just quick clarification. Did you say 60? I'm assuming if you said 60, that is the category with which nail salons fall into? That is correct.

Perfect. Just wanted to get that on the record with that. I move to approve item E1 as presented.

So you made a motion to approve there? Okay, thank you. We have a motion to approve with a second. Any further discussion? And let's vote. Okay, that motion is approved, six to zero. And as stated, they'll go before the council on October 6th. Next item. E2 is a public hearing Consider a request for a specific specific use permit for pet care plus to operate a dog rooming and boarding facility in an existing 2088 square foot lease space within a 33,000 square foot building on the west side of South Main located 800 feet from South Main and Bear Creek And zone commercial and address 750 South M

All right. Thank you. And is the applicant here and wish to say anything? Okay. With that, Commissioner Leist.

Okay, we have a motion and a second to close the public hearing. Any further discussion? Let's vote. Public hearing is now closed with a vote of six to zero. All right, we have any questions? Commissioner Leist?

I just want to say I think it's great that someone has found the space to use it for the exact same use. It seems like a good move. Just welcome to Keller. And with that, I will move to approve Item E2 as presented.

Okay. And I see your request, Ms. Sandoval-Cabanas and Ms. Varner.

Okay. We have a motion to approve and a second. And we must have some discussion. That's the sound of all cabanas.

Is the applicant actually here? Can I ask you a question? Yes, could you? Sorry, I know everybody wants to get to Kroger. I promise it's really quick. Yes, ma'am. Hi. Hi. It looks like a relatively small space. I'm just curious if you guys are going to limit the amount of pets you're going to be boarding. Is there a limit on the size? It just looks like really small. There's not any outdoor space to take these dogs.

All right, thank you. Commissioner Johnson.

If I could ask one more question along those lines. It mostly is, is there going to be staff on site overnight with the animals, or are they going to be there by themselves?

All right. Thank you. So we still have that motion with a second. Any further discussion? Okay, let's vote. That motion is approved six to zero and you'll be before the city council October 6th and wishing well with your project. With that, we're moving on to item E3, Consider a request for a variance to the City of Keller Unified Development Code Article 8 Zoning Districts Town Center for one monument sign located on the west side of Roof Snow at the north intersection of Bear Creek and Roof Snow. Block A of the Movie House Addition Zone Town Center addressed as 242 Roof Snow Drive. And UDC-2

All right, thank you. Is there a representative of the applicant wish to add anything? Thank you. And your name and address, please. Yes, sir.

Okay, sir. If you'll stay close by, we may have some questions for you. Yes, sir. And with that, Commissioner Johnson.

Thank you, Mr. Chairman. And I just wanted to... because I thought you were going to stay up here, but that's okay. And you clarified one of them, because I had seen that, you know, in the picture that we had in our packet, too, that it looks like it's more two individual signs instead of one sign merged together, is what I'm seeing from the picture. So I just was, but you had clarified that, so thank you for that, because it does look like the two individual things. I very much appreciate that you're making it more visible because when you are at that light, really all you see is the movie th

All right, thank you. And Commissioner Farner?

So I have a couple questions. I'm the tree hugger, so I have to ask. You're cutting down onto the trees, and you're trimming the others, which I appreciate. Surprise, surprise. Are you and the city or parks looking to replace that tree by planting something elsewhere?

And my other question is, does not appear that all the tenants will be represented by this sign. So is there a reason that some are not being presented on the sign?

All right, and my last question, the landscaping, is that done by the town center crew or is that being done by you and the tenants in this monument place? Are you going to keep flowers and the landscaping this way or is that part of the town center?

And it is nice that y'all are collaborating in order to, for the benefit of all tenants. So I appreciate that effort.

Yes, ma'am. All right. Thank you. And Commissioner Sandoval Cabanas.

My question is actually more for staff. So I appreciate that it's not going up here in Keller. We're trying to keep things low. We're trying to keep things low key, but still have our businesses thrive. It is definitely going out. Are there other examples of signs that we have done this for that are this large for other businesses? I can just see us starting this path of, well, now my business should need a sign because my business isn't

All right. Thank you. And Commissioner Scott.

Thank you, Mr. Chairman. One quick question. The tree, will that be demolished?

A question maybe to the staff as a question is if that tree could be removed, uplifted, and planted someplace in a memorial of someone, something, Would that be an option that could be done?

I would just put that to you as a possibility. It shows signs of good faith. If you were to move the tree instead of just destroy it like a lot of these home builders come in and do these zero lot lines. So I think it would be a good motion for you guys to move it and donate it in honor of so-and-so. Because I go to that movie house quite a bit. Thank you.

All right, thank you. Commissioner Farner?

I motion that we approve item E3 as presented.

We have a motion to approve with a second. Any further discussion? Okay, let's vote. Okay, that motion passes five to one. And you two will be before the city council. I don't know where you went. Anyway, on October 6th. Thank you. Okay, moving on. Let's consider a planned development. This is a public hearing. Consider a planned development zoning change from commercial and light industrial to planned development mixed use for Samantha Springs Commerce, a proposed planned development on 15.6 acres consisting of 31 brownstone units, approximately 8.19 acres of non-residential development, and

All right. Thank you. Is the applicant here and wish to make a presentation?

All right. Thank you. I think we'll go ahead and listen if there's anybody here that would like to make comment. This is a public hearing, and if you guys will stay close by, I'm sure we'll have some more questions. So as a public hearing, is there anybody here that wishes to comment on this agenda item? Okay, Commissioner. Yes, sir. And if you would, your name and address, please. Of course.

Okay. All right. Thank you. Ms. Helmsley, isn't there some verbiage in there that says that these brownstones, they're going to have a deed restriction that they be owner-occupied? So that issue of the rental of the brownstones is not an issue?

Okay. Is there anybody else that wishes to speak on this subject? And with that, Commissioner Farner?

A motion that we close the public hearing.

We have a motion and a second to close public hearing. Any further discussion? Okay, let's vote. Okay, the public hearing is now closed. The vote was six to zero. With that, we'll open it up to the commission for questions and comments and Commissioner Farner.

So thank you for your presentation. I did study this in detail over the weekend and I do have some questions for you on your 3.1 table. I don't know if you want to come up and if you can look at that. So I think you did a really good job of showing the comparison because we've had some, and Commissioner Leis and I have argued over these and gone through them. So a couple of them that I questioned, but you did explain, is the electronic instrumentation. Is that kind of a, are you thinking computer repair shop? What are you thinking in an instrument facility?

If you could speak into the mic, please, sir.

Yeah, I didn't have too much problem I just kind of wanted to get your thoughts on it. You know further down 377 we have some kind of shops The entertainment indoors is permitted by right and not by SUP. I guess our last meeting we had a couple where indoor entertainment is a SUP. So why did we go permitted by right versus SUP?

Yeah, I had no issue with like the brewery. I liked your plans, you know, to reopen it, to repurpose, to have that entertainment venue back there. That one just stuck out. So let's go swimming pools permitted by permit in the commercial and retail area. So what are you thinking there?

I guess because you're allowing indoor entertainment, now you're allowing swimming pools by permit instead of by SUP. Those two to me, I could see in Aqua Tots, I have a two and a half year old grandson and I have to get the pleasure of getting to take him, which is not always pleasurable, but to me those two I guess together should have been more SUP versus permitted.

Yeah. The accessory structures in a commercial also allowed by permit, not by SGP. So what are we, are we thinking that we're going to allow just, you know, them to put up a Home Depot shed in the back of it? What is your thought there or the reason?

Okay. Are you planning an HOA for the brownstones?

Are you planning on submitting multiple site plans?

Well, since you bring that up, I'd like to go to Section F under site plan conformance, which states that there's going to be substantial conformance to the site plan, that no P&Z is required, and it will go straight to the city manager, not to city council. So I think I have a bit of an issue with... not having detailed information, not having a detailed site plan, and then asking us to say, we approve of you not coming back to the commission and not going to council.

Yeah, I still think I have some problems with not coming back before and not giving the public a chance to hear and see what you're proposing. Um, nor that the final plat would receive PNZ and I think in section G you probably also need to check that to also state that, uh, PNZ can only give you recommendations and it would have to go to city council. Um, so With that, I don't necessarily have a problem with brownstones being that we are an aging community, that we are, a lot of us, you would like us to leave our homes and downsize to allow the younger generation to come in, but there's not a

Are you going to allow people to drive it? Yes. From the reading, it sounded like that was for emergency use only.

Okay, please, would you please speak into the mic? Thank you, Chairman.

So again, if you did not find a parking spot and you circled, I could not circle there, right? So I just see that, yeah, I just see that as, from the schematics, it looks a little tight, you know? So I get that you're separating it from the brownstones. I really like the feel and the look. There's just, those two kind of stuck out. So Mr. Chair, I'll turn it back. Thank you.

All right. Thank you very much. And Commissioner Scott.

Thank you, Mr. Chair. Gentlemen, thank you for the presentation. Let's go over this, how you get in and out of your complex. And do you have an egress on the backside?

Okay. Use your pointer, please, sir, and show me how you get into your facility.

Are these both wide enough? I see one has like an entrance exit. The other one is just maybe a servant's entrance. Is that what that is?

Okay, and just because you're in addition, if you look in some of these corners, can an ambulance get and a fire truck get all the way in the back? That's a good one.

Okay. What is the cost of one of these units?

I do appreciate the gentleman that spoke earlier about the concern about turning into rental properties. Is there any way that you guys can put it into your Bylaws that you're not allowed to sell it. I mean, use it as a lease.

I don't know if I can ask staff to make sure we have that. It would have been nice to have had it to decide on the vote on this tonight.

All right, a couple of questions as far as total amount of occupants as far as the vehicles. How many vehicles can this place take, including homeowners and commercial? And can a fire truck get in between all that? If you go back to your one slide that you have people walking and you've got the houses on each side, is that wide enough for fire trucks to get through? Because if you catch one house on fire, you're going to move on to the next one. Are these houses going to have sprinkler systems in them?

And then I know your centerpiece is going to be your brewery. Have you had any, how do you say, interest in other businesses, a higher retail, anything of that nature?

And then because it's a brewery, I never heard you say anything about doing outdoor concerts or anything of that nature.

All right, thank you. I have several questions. First, your artist's rendition is beautiful. I hope someday we see that built that way. I think the Paseo, I think, is very attractive, the way that you've designed that. I appreciate the fact that it basically complies with the flop, that You're trying to keep the zoning within parameters. You said something in your presentation that all the utilities had been put in. Now, what do you mean by that? Are you talking about water lines?

The reason I sound a little surprised, I drove to this and went down near the old Shannon Brewery, And I saw the large pile of dirt. I take that's going to get distributed somewhere. But I was surprised at the vertical development from the south to the north, that Adelaide must be 30, 40 feet above what the other street is. So when you make this wall between your brownstones and the retail development, how are you going to account for that vertical displacement there?

Okay, thank you. Is it your plan, you've divided this into four sub-areas plus BR for the brownstones, and do you have any vision as to what the phasing of this construction of the entire project would be?

All right. I, too, have some issues with your... Plan development standards as far as your table of uses. I made only a couple of notes here. Distillery with 1500 foot tasting room in sub-areas C and D is permitted. No SUP. That if you had a distillery that took up one of those entire buildings with an outside, that that one building would become a distillery.

I agree, SUP would be much better. But light manufacturing, wholly enclosed, same thing, permitted in areas C and D, which is all of your retail commercial there in the center of your project. And I'm just saying, worst case, we could end up with that entire development, or a large portion of it, being light manufacturing. When the picture that I saw, which Looks to me like a good place to go walk around and spend some money.

Maybe we touched on this, but in the I think it's in the BR sub-district that you have detached garages are okay by permitted.

The building heights that you've proposed for...

It says detached is permitted in the brownstone, so you're correct.

Okay, I am correct. Detached private garages in the brownstones by permit only. We'll replace that. Permitted. And my question would be, why would you have detached garages in there?

Okay. Thank you. You get a promotion for that. On the standards for the Paseo pedestrian and residential, the frontages are 40 feet, 40 feet, and 45 feet. And that leads me to ask the question, are these buildings you're building, are they going to be one or two stories? And are these just facades you're putting on the front of those buildings?

But if you'll go to what you're zipping through, if you'll go to page 18, 19, and 21, you show that. There you go.

Okay. Yeah. The brownstones, if you'll go to page 22, if you happen to have that there, it's the one where you show the bird's eye view of the brownstones with the gray pads. That one right there. The... You answered my question. The gray pads are just a pad. They're not the garage. So the garage, a two-car garage, is going to go inside that building that's 40 by 25 feet. Yes. If I've got that looking at that. That's correct. But the front, so the front of that, you're not going to build a 40-foot deep garage, are you?

So you're going to have... So some of that elevation that I just talked about five minutes ago, you're going to go, that's going to be one level. And then when you park your car, you're going to walk up a...

And then that's why you could show the residential street as being level. And so then, because I was looking at this for the frontage for the residential, it's 45 feet. And my question then becomes, is that going to be two or three stories from the residential side?

It could be three stories because when I look at that plan right there, 25 times 40 is 1,000. And if you're going to sell it for $1.2 million, you're going to need three stories to kind of spread out that price per foot.

All right My question I guess you answered it when you said you think that most of the retail Commercial that being built is going to be single story because I was going to ask about the parking plan That you must have predicated those numbers on a single story throughout it if it had been two stories where you say you have it a base story, which is retail, and then you put an office on top of it. Now we're going to have two times that amount of parking requirement.

If you will pull up your... You've looked at it, the overhead schematic that shows your green spaces on page eight of your proposal. Right there, you just passed it.

And the four... retail buildings that are in the center. On the east side, you identified that gray street as being not a street, but it's going to be weight-bearing so that if necessary, cars could get through it. And if you'll look at the south parking lot of that series of buildings where the retaining wall or where the wall is between your brownstones and that retail, if I were to turn into your development and go eastbound and I get to the very end there of that parking lot, unless I use your fire lane to get to the north, I'm in a box canyon right there. Do you see what I'm saying? Becau

Yeah, yeah. On page, do you have your page four and five of your proposal up there of the standards? I don't think you had it in your presentation. Ms. Hensley may have to help you with that.

Yes. When I got to this part, detailed site plan, number one, applicant is required to submit a detailed site plan for any phase of development within the planned development district for City Council consideration and approval. Now, jump down to paragraph three. Review of the DSP for the entire site provides Council an opportunity to confirm that development details, it lists them, have been addressed and the project may proceed. If the DSP materially complies with the development standards, approval by City Council is non-discretionary and no public hearing is required. I had, when I read th

what their thoughts are. And so with that, Commissioner Sandoval-Cabanas?

I'm not going to harp on the other things that have already been said. I only had a couple more things I just wanted to point out. I am a little concerned about the section that you guys talked about for the parking spaces, that you're not going to have that two-foot curb. And so we all own trucks. Mm-hmm. We can all say that we're all gonna park in. That's not gonna happen because everybody and their moms thinks that they can back into a space better. So trucks here backwards into where people walk.

Yeah, with the tailgate down, speakers on. I'm just kidding.

I can appreciate wanting space for pedestrians and not wanting to take away the greenery and the beautiful project that you guys have put together. Envisioning my toddler walking on a crosswalk and then having somebody trying to pull in and not having that barrier gives me great pause. So that's all I wanted to throw out there. And then for, I just wanna harp on, I'm sorry, harp on one thing. The accessory dwelling that we were talking about earlier. Can I just, for staff, what does that mean? The accessory dwelling as part of a preliminary structure? Does that mean what I think he thought it

Okay, so I would just say that should probably be an SUP if not allowed at all, because that just didn't quite make sense to me.

And that makes total sense, but that's not the same.

That'd be great. And then I think I agree with my fellow commissioners and the lovely gentleman who came in to speak is that I can appreciate that you guys want to get things started and I think that this is beautiful. I don't want to stand in the way of beautiful but it's beautifully vague, and I think that that's necessary for many parts of your project, but I think that for me, in my community, I think it is too vague for me to say if you just meet the blurred image, it's good enough, and I think it will require more times to come back, so I am hesitant to give a blanket okay. Even though i

All right. Thank you. Commissioner Johnson?

Okay, and I agree with almost everything that all the fellow commissioners have said. I have a few other things to sort of add to it to not try and be redundant. But most of the things in the chart that you're permitting, I would almost say, need to be SUP. And they've touched on the light industrial. I just don't like the idea we're blanket doing that. But the one that I haven't heard mentioned that we have guidelines on now, you have the electronic charging stations as permitted, which means there wouldn't be some structure that we've even just recently passed. Well, I think it's still got t

Well, and Sarah, we worked on the new, isn't that going to address the issue?

Well, and what I'm referring to is something else that we're working with the city on. And what we did was we segregated out the personal for the reasons that you're talking about. But I don't think it's went before council yet, correct, Sarah?

Did they do it with the private, like we were talking about? Yes, ma'am. Okay. So we may already have, maybe, and working with staff probably could get, but no one had touched on that one. Indoor entertainment facility. normally would not concern me, but we recently have had an issue in town with one of the facilities who have now brought in more gaming type of contents, and so that's been an issue. And so I don't know if I wouldn't want them to come back with an SUP, so we at least know what kind of entertainment facility would be going into any of the buildings. It's not saying don't allow i

Well, and I like the idea. I'm just thinking it's almost like the things that y'all went ahead and permitted, I would have left as the SUPs as we're in here.

That's what I was thinking. It needs to be the smaller kind of market. And then the other one no one's touched on. What about this radio broadcasting without tower? What exactly do you see that as envisioning as instead of being the SUV that we had?

But that was some of the things because we took them from SUP and just allowed them by right. And recently in this area, there's been a thing when a city changed something by right basically and allowed it, permitted it. And there's questions on some of the things when originally it had to have come back before them. So it bypasses PNZ, it bypasses City Council. And so sometimes there's questions that the community has about what it is. They may say yes to it, but by bypassing the process, sometimes I don't think that that's necessarily the way we want to look at it. That kind of went through

On the one street that goes along the wall. I just want to hear how one of y'all would get to the end. All those spaces are filled. You got down there. You don't have a place in the space to turn around. Explain to me how you're going to navigate that.

And that kind of was me. It's like I can't even see where I can get down there and do anything, be stuck. The other question I have is it looked like the Paseo was all walking. But is it not on the one street between the A and B and the other retail buildings? That's a pass-through street, though, there. Not like it is in the back. You will be passing over, you know, the one...

Right. Are you going to turn to the picture that I was...

And that might be so that at least there's a slowdown for the traffic for the people.

And then that way they at least have to slow to go through that.

Right. And I don't know if you want to point to it for the audience but that's the area that I was talking about right there for those that were asking. Yeah, if you did do a little bit of a raise, because it's going to be across, and at least there's a slowdown for the pedestrians. There was something. I do like the idea of this area, I will tell you that. It's just some of these things, I'm wondering if we need to come back potentially with a few of these things kind of hammered out a little bit before it's presented. I do have one concern that y'all had mentioned in your of starting with th

So do you see that since there is existing buildings, are we talking about at least trying to get those filled, refurbished, filled with it before we would even venture to starting brownstones ground?

And then a little bit of question about the brownstones is because I understand about the parking in the back but I know I was in the meeting in April and we talked about them being three-story and we potentially talked about then are we having elevators in them that are going to go from the garage to the two stories above it or is that still being potentially talked about?

Well, I mean, you're up here now, so I mean, I give you the opportunity to tell, because I got to hear about some of the things you were going to put in. If there's anything else you want to talk about the brownstones that set them apart from other things. communities of brownstones because there is your Keller resident, you know, we want to keep it small and I'm one of the, I do, I want to keep it small, but I do also recognize that right off of 377 and it is already in the fluff zone to potentially do some brownstones there. But, um, the other one concern I have is, is if I'm a visiting pers

So if the garages are under these units, is there ramps that are going down?

Well, and that's what I saw. I mean, we're not going to have on-street parking in the residential. So...

I think pretty much you've answered a lot of my questions that I had that I hadn't heard answers to, but I still, I'm leaning towards needing some more concrete facts. I mean, I love the idea of this. I think we're getting somewhere, but I do think I'm with chairman Baker. I do think things need to come back through the process and not just give everything by right to the, to the decision factors. So that's kind of where I'm sitting. Thank you.

Okay. Thank you. Uh, Commissioner Lysht.

Thanks. So I want to clarify something. I've been listening very intently for a little over an hour, almost two at this point. So am I hearing you right that you're saying if city council does not grant you the zoning for, or if city council does grant you the zoning, for this mixed-use facility, but you can't build the brownstones right away, that one, you won't be able to get tenants for commercial, and two, you would recommend that the owner, the property owner, just keep it light industrial?

Can you help me understand why 32 homes would not building them before you get, say, let's just say one of the commercial segments set up, how that would

Okay, I do find that hard to believe when we've got a facility up the road that has not 32 families living in there, but Sarah, how many apartments are at center stage?

496 apartments and I think 60 houses. I like this project, but I find it a little silly that we're not going to be able to lease a high quality restaurant or retail plot. Because we just have to have 32 homes when, I mean, I have a case study in our town that says we've got over, we have 14 times that, and they can't fill some of their spots. So I'm just not buying that. I love the project. I think it's great. But I love the project as presented. And I think that's what I'm trying to, and what I'm trying to do with my comments is, I don't have a lot of questions, really. I just wanted to still

Yeah, I mean, I think for convenience sake, I mean, we're here, so usually we don't go this late, but I don't think it's an inconvenience. I do think that it is helpful, and I'll just say, like, I think you'll have noticed, and I mean, I think the gentleman who's doing the brownstones will tell you that... I think maybe coming to P&Z might be a little bit helpful. I think that especially we've had a lot of turnover on council recently, and so you may think you know what's going to do while there, but I think coming to this body and helping synthesize things has helped strengthen proposals and

And I know that you want that to be the case. You want what you have proposed to happen because it's going to make you all the most returns. It's going to be the most valuable option on the table. So I don't think we're trying to sneak anything through here just to get 32 homes because I don't think that's why you guys spent a year planning this. That wouldn't make any sense. But I do support this with the consideration, like, I think we need to be investing in a couple of key commercial components, the brewery, and then pick another one. I mean, personally, I think you should just go for that

Thank you. No, thank you. Yeah, so with that, I mean, my comments are over. I kind of said the motion I'm hoping to happen, but we'll see.

Who are we talking? Oh, thank you. There you are.

site plans would carry you know if it was a use allowed by right it most likely would not carry a public hearing requirement if there's no zoning action my desire is mostly for the scps for the notice for the for for the neighbors and thank you for the reminder that the site plans don't need that that notice but again the concern was mostly to make sure we're going to counsel at least um but again i do i do think pnz will be helpful for you there um some of your concerns may get addressed this property if uh

So Okay, I Think we're gonna have some motions here. Let's go ahead and put them on the table Commissioner Sandoval Cabanas Yes in in the effort of trying to move things forward.

I think I I hope that all All of you gentlemen feel the positivity that we have for this planned development, and I do not wish to see it sink in the water. I am just hearing a lot of things that have come up, and I would suggest instead of us trying to piecemeal it together, you were taking very good notes of our thoughts and feelings somewhat. I would motion that we actually move to deny as is rather than try to pick it apart line by line with different amendments for how we all feel in different ways. So just to clean it up, I would recommend that we deny as written and I would encourage yo

Okay, thank you. And do we have a second?

Commissioner Farner I will second the motion so that way we can open further decision vote on it Okay.

Now we do have a motion and a second and it is is there any further discussion and Commissioner Farner

So I second Commissioner Sandoval's comments about the positivity. But I do believe that, and to Commissioner Lice's statements about not trying to amend this thing to death, I do think that we need to look at the charts, we need to look at section F as pointed out, G that was pointed out, the sections that the chair pointed out, and come back. And my question to Ms. Hensley is, if they came back, would it have to be back as a public hearing, or could they come back and just re-present to the commission with changes as requested?

Point of order. Sure. Go ahead. And that might just be a point of information. If we vote to deny, there's no, we make a recommendation and they come back. I believe the intent is we would, if you want to hear it again, we need to table it. Just to get to what I think you were trying to communicate.

Okay. Thank you. So I cede to, I know Ms. Kavanis would like to make a statement, but I would prefer that we table and make the change than, but I do think that there are plenty of things. I'm very much for it if we were to make some changes and corrections.

Okay. Thank you. I'll ask the applicant here. And the way this thing is shaping up, apparently, a motion to deny, with all the conversation, the council will listen to all this conversation. You fellows, ladies, have listened to the conversation. And if you wanted to make changes to it before it got to the council, that would be appropriate. And then they would consider it at that time. Option two is that we could table it and you come back to a date certain, not forever, and that would give you time to just adjust it as it is right now, and then we would reconsider it. So that's kind of what

And that's a very good option. And I think that is appropriate.

I think people seem to think that when they table it and they get to rework it, and we go through another discussion, we could end up in another box canyon where we just don't quite have all the facts to make a decision. I would rather the commission vote. Everybody knows the discussion. It's a very difficult decision that everybody's going to make here tonight. But as a recommendation, it goes to the council, and the council can either take our advice or turn it down based upon what we heard tonight If in fact what you get to the council and you don't have to go before the council on October

So you want to move forward with the process tonight. I think that's a good way to move it forward. And any changes or whatever, any adjustments that might be made can be made. And if you need more time, you can delay your presentation to the council. But it would be your call to do that. But right now, you would be able to go to the council as we fleshed it out tonight with whatever the vote turns out to be.

If that's your comments, Ms. Kavanas, do you have anything further?

My intention is to get you to city council. We are a recommending body that what we saw here is not what I would recommend in total. We had a few things that if you make changes, I foresee very positively that it would be taken by council. I can't promise what they're going to do, but my hope is that if we just vote on it, that you will then be able to get to city council with some of these changes, and hopefully it will be able to pass through there. So this is my goal. My intention of denying this as is is just to drive a point home of the different pieces that we were not comfortable with.

Okay, yes. Yes. Oh, you called the question. I agree. That's a good point. With that, we fleshed out the issue. We have a motion. And you've withdrawn. You're finished, Ms. Cabanas?

I can't speak with the vote. I'm voting.

I move to call the question. So the next step is that we vote on if we are going to continue discussion. That's a no. Or if we're going to move immediately to voting, that would be a yes. And if my motion prevails to call the question, then we vote on the question.

All right. Thank you. He is correct. So if everybody feels confident that they are ready, we'll just do it by a show of hands, that they're ready to vote, that they've heard enough, Please indicate affirmative with a show of hands. And it looks like that's unanimous. So thank you. We are now going to vote on the motion. The motion is to deny. So if you vote in the affirmative, you're voting to deny. Negative would be the opposite, obviously. So with that, let's vote. Okay, that motion to deny passes four to two. And once again, I have to... All right. So again, unless you request otherwise, yo

We can do that. You've got three minutes. We're starting to. We need a break. Go ahead, please.

All right, thank you. Are there any questions? Commissioner Farner?

A motion that we'll close the public hearing. Second.

Okay, thank you. And any other questions, discussion? Let's go ahead and vote. Okay, the public hearing is now closed 6-0. And Commissioner Lice.

I'm going to motion to approve this item because I believe it's the intent of this body that if the recommendations we made for all of the uses in the SEP, those to me fall secondary to the zoning change that was requested. And so my motion is to approve this knowing that it's We like the zoning. We like the vision. It is mostly uses and a couple other smaller things. So that's my motion.

All right. Commissioner Sandoval-Cabanas? Okay. Commissioner Leist, I have you as a requester. That was left over.

No, I just wanted to make sure I was speaking before.

All right. Thank you. So we have a motion and a second to approve the FLOP change. And no further discussion. And let's go ahead and vote. OK, that is approved 6-0. I'm going to call a reset. Let's get started for the second half. And we now have this. Hensley, I wouldn't call you Helmsley all of a sudden. Ms. Hensley is going to brief us on item E6.

May I interrupt you? Certainly. I'm rushing the process, but let me read it into the record. This is item E6, public hearings. I'm going to consider a request for a specific use permit for an approximately 99,992 square foot grocery store with fuel pumps, pharmacy with drive-through outdoor display and seasonal sales located on 17.58 acres on the north side of Keller Parkway at the northeast corner of Town Center Lane and Keller Parkway. inside the TIF boundary split zone town center and addressed as 1025 Keller Parkway, SUP-2604-0008. And we are going to combine item six and seven, which is b

Well, I would like to go ahead and hear the applicant give their presentation, and we'll hear public comment. Does that seem appropriate?

All right. Thank you very much. Okay, this is a public hearing. This is a time for the public to come forward and speak on this issue. Now, I have, I believe there's six folks signed up, five, I guess. If you're not one of these people and you're here to speak on Kroger, if you'll stop by our secretary over here on my left, and fill out one of these little speaker sheets. All it does is identify who you are and your address, and we'll put you in the queue to come forward. So with that, Pam Lewis, are you here? And would you please come forward? Pam Lewis? She went home. She went home. OK. Carr

All right. And could we have Nathaniel Dunning?

All right. Thank you very much. And Farah Januah. And you can correct me when you give me your name and address, please.

Thank you for your service and please, Benna Gomez. Hello.

All right. Thank you. And David Dunning. And on deck next will be Ralph Osgood. If Mr. Osgood wants to stand over here to the side and be ready, that'd be great. Mr. Dunning?

Thank you. Okay, Mr. Osgood, and then next will be Ara Mills, if you want to get in the lineup.

Sure, we can take a few seconds. Thank you, appreciate that. Why don't you just make, do you, if you can make your remarks and then when we finish with the public comment, then we're going to get into it very deeply, and I'm sure Mr. Lenin will be happy to explain.

All right. Thank you. Okay. Ms. Mills? And next will be Matt Varno. Ms. Mills?

All right. Thank you, ma'am. And Mr. Varno?

Thank you. Okay, thank you. Anybody else would like to speak? All right. Commissioner Farner?

I motion that we close the public hearing.

We have a motion and a second to close the public hearing. Any further comment?

My computer has decided to restart. It's past closing time, so I'll have to vote.

Okay. It went to bed. It's kind of late. Okay. With that, let's go ahead and vote on closing the public hearing. Did you want to speak, Eric?

If you feel strongly about it, you can come to this working computer.

Okay. Okay, the public hearing is closed 5-0. Okay, with that, now we're open for questions for staff or Applicant and Commissioner light sure thing well first.

Thank you so much Very often on Tuesday nights. We're here alone So it's nice to have some of our fellow citizens here with us at 1104 in the evening and out of respect for your time waiting I will be brief. I have a just a few questions first For our mr. Linyon if you could come up and First, just if you could run through those slides for the gentlemen out there, because it kind of leads into my question. I want to get, I have a couple traffic questions for us as the city, and then I have a couple questions for the applicant.

I think so. We'll let the young person help you there. The roadway is being highlighted now and the sidewalk is being highlighted now.

Yeah, so my question for, I guess, you is, so this is already a trouble intersection currently. Let's set aside, let's pretend Kroger isn't doing any of this. And we're just talking, we're just talking. What do we have there are there any current plans to address this intersection? And what is the city thought of to make this intersection work better?

Okay. And it seemed to me, and you can correct me if I'm misunderstanding, the biggest change to the traffic pattern that's deleterious is going from the dedicated right turn lanes north and south going to through and right? Are those the ones that are getting worse?

Is there room to do a fifth lane to maintain the dedicated right turns north and south? Does that space exist in these roadways or within the easement or the...

And the last question for you, I appreciate that. That was very helpful, is one of the... are a couple folks from the community asked the proposed changes that we're seeing here are these being paid for by the city or by kroger's development all of the proposed changes that have been presented is at the cost of the developer okay so kroger will be paying for the these proposed changes very good thank you um so a couple questions for the applicant um first on traffic um you can take a seat or a nap whichever you prefer um a couple applicant questions um So looking at the traffic, I guess my que

Okay. And then my last traffic question is just simply, like, do you have concerns? We were going from, I think Mr. Lignon had said it was seven. It might have been six or seven into your current store that exist. And we're going to go down to three. And it's really two because we have Roof Snow and then Town Center. We have Life Church Driveway. I don't know the real name of the road. But so we really just have two main ones and a little bit for North Keller. We can come down through the top side of Roof Snow.

Yeah, so my question is, are you concerned that essentially you're going to cut your ingress and egress by half, but then you're doubling the size of your store? What does that do to your parking lot traffic flow? We're not analyzing that, but are you concerned about what that does inside the parking lot and then also what it does to create lines coming in and coming out of your property?

Got it. Yes, I think for me to be, I mean, I know it's going to be at a substantially higher cost to Kroger, but I think that I would feel a lot more comfortable if we were to find a way to get those dedicated right and left-hand turn lanes. And it might not be doable, but I think that would be really important to do. But then my only other question that is not traffic-related is just about possible tenant for your current store. When you vacate, do you have anything for us? I know we are excited to bring new businesses to town. I don't think anyone in color is looking forward to bringing a Sp

Thank you for those questions. I'm all about what the rest of my fellow commissioners.

Take care of the Okay, thank you commissioner foreigner I

All right, so Mr. Leon, are those gas pumps sitting in the floodplain?

I was going to say, I thought you taught me about floodplains on park board.

So my next question is I think Commissioner Lice took care of traffic. I'm really concerned especially about going east on Keller Parkway and trying to make a left-hand turn into the store. That to me is is an accident waiting to happen. I mean, it backs up. And I had two children that went to Keller High. I drive here every night. And I know going up and down 1709, I spend hours at the sports park, so I get it. I know 1709 is highly trafficked, and at 5 o'clock you're going to sit through those lights, and God help you if you catch a train, because then you're going to sit, and you don't know

Is there a buffer wall? I'm a neighbor that lives on the other side of that green space. I see that there's an acre of land, but an acre of land doesn't buffer the sounds or beeping of backing up trucks. What times are those going?

So is there still a wall or something? Because sound travels through trees.

It's okay. I just know that when, you know, the other Kroger had... come before the commission, the neighbors came and said, look, I hear trucks, I hear the backup, I hear the noise, I hear the, you know, so I just want to make sure that in those cases, the houses were built after Kroger. In this case, you're building after the houses are there, so we have to protect the neighbors who were there first, just like you would want us to protect you. So let's talk about your neighbor to the east. So... The church is sitting there and it's going to look at your side wall, right? There's no landscapi

Okay. So since you brought up lighting, can you talk to us about what kind of lighting is at the back of the store that's going to be around the neighbors?

All right, so since we don't have any open trash, It's all compacted. We're not going to have the trash dumps. That should help the neighbors with some of those because I know that that was a concern previous at the, when the other Kroger. We haven't talked much about your request for the fuel pump. So why the deviation from what's in our UDC?

But you're requesting five instead of four? Five, yes. And that's to match what's down at the other store, or what's the reason for five?

All right, my last question. You've asked for year-round seasonal sales, so can you kind of tell me what that is?

Okay. And are you planning on putting in a local cafe at this store as well? I mean, since you showcased it?

And I have been to the store on Bonds Ranch. It is very pretty, difficult to get in, impossible to get out. although the same can be said about anything on Bonds Ranch Road. I don't know who the architect was. They obviously didn't have Mr. Leon to handle that traffic study, but it's a beautiful store.

Thank you for that clarification. But I think the neighbors were more worried about what was in the back.

Okay. Thank you. I have a couple of questions. Let me clear my throat. I really have a problem with when this whole presentation, we talk about fuel pumps, we talk about dumpsters, we talk about everything. But when we get down to variance number 10, level C service, of traffic. This is a biggie. This isn't a difference between a landscape setback of 15 feet versus 20 feet when we say level C versus F or E. I mean, those UDC requirements or suggestions are built with safety in mind, not only just the inconvenience of being stacked up there forever. So I just want to clarify, in my mind, this i

So if you build a Kroger, if I got something that I can pull out of that, in general, there's 400 cars, at 5 p.m., 5 to 6 or so, that are going in. 365, I think you said in. 385. Close. You're very close. 385. And, you know, it strikes me as if this becomes a deal killer. I mean, we can't fix it. We can't without creating lines, moving utilities, stretching that eastbound 1709 turn on the Roof snow needs to be a two-lane turn right. I've heard that discussed somewhere. And you can't do that now because you're going to encroach upon private property that's already been developed. And in fact, I

Okay. All right. Thank you. Okay. That's all I need there. And Commissioner Johnson?

Okay, I don't want to re-go over a lot of the things. I appreciate all the things my fellow commissioners have talked about. But I do want to address a couple of things in what I was hearing with... Because, I mean, you can tell our biggest thing is this intersection, right, in the traffic and the flow. But when you were doing the presentation on... the traffic flow. What I did see was some of the things that you were doing to improve that we actually improved. There were areas that we improved our numbers for the traffic flow. That traffic light took us down. We were in the red in some areas

Okay, and I'm really kind of addressing that to our staff. But were there not improvements when you were doing that presentation with actually what they were doing? Because it gets very confusing because you had the three areas. The top is their existing, and you can see there's red in the existing. We have an existing problem, whether Kroger goes in there or no one else goes in there. And then you have some improvements, because if you look at the top, that's existing, and you look at the bottom, there is some areas where they have improved with some of the improvements they want. It's the tw

But what they are doing, and I was just wanting the public to understand is, by the what they are doing, they're actually fixing some of the problems that we do have. They are adding a turn lane there in front of CVS. It's going to be that's not there existing now. Now one of my concerns though is, and I think it was Commissioner Farmer talked about, is that left turn off of 1709. I have a big concern with that because there's two other places that that occurs where it makes a cross path. One of them is down at the Ace Hardware going to Chandler. I use that a lot because I live up that way, so

Yeah, because up in the top one, we already have some E's that we're already having in our southbound that exists today. So it's, we today don't have all those in C, and so I just want to at least point that out to the public that there is some improvements that are going on. Now, that being said, there were a couple of other things is, and this gets to the sound for especially the neighbors that are behind I noticed in the presentation that you want to do things in the back until 11 o'clock at night. I think that might be getting kind of late to be delivering trucks and things. And there was

Yeah, we had some of these issues at another point.

Would you speak into the mic for the folks?

So I'm just saying that we might want to... And you did explain, because I was wondering about the four to five pumps, so I'm a little more comfortable with taking it to the five for the reasons that you were talking about and allowing the diesel, because diesel is not at every station that's... allowed. The other thing was potentially, you know, we usually have foundation plantings that are up on the front of the buildings and things, so if you look at some of the strips, some of the solutions, because you have none, is to at least make some planters with some plants, and you can do the trees

And I don't mind the artificial turf, but I was thinking that some of the planners that we've required. Yeah, that we've done up on 1709, especially with the town center, some of the things that we put in. The only other question is, could you do a little more explaining about where the storage is that you want year-round outside with what things there will be? Because I've seen it in front of the summertime with a few chairs and tables and Is that the type of things we're talking? Are we going even further than that since it's a bigger?

So it's not like storing the shopping carts or anything out in the front?

All right. Thank you, Commissioner Sandoval-Cabanas.

Gentlemen. We made it. I think I'm the last one. I promise not, again, to belabor the point. I have two questions for you. Why has it taken 10 years for you guys to come back and do this again?

I hope that this comes out correct. It's at midnight, so I might fumble my words a little bit. I can appreciate the effort that has been put into this project and it looks beautiful. I think as a Keller community member, if I were sitting out in those seats, I still don't know that I understand what is the benefit to me for you to build this nice, beautiful, big building and have another one right across the street that you have that we don't yet have a buyer for, that's the same premise of the building. Can you just explain to me in simpleton terms for me at midnight, why this is a good thing

I think my last comments are I can appreciate that development is important and that it will potentially bring in, well it won't, it will bring in a lot more traffic, it will bring in more people, and in some cases that is a good thing. But I don't know that I'm convinced that this is the right move for our community to other people's points that we have lots, what you are bringing in are more things that you offer are not necessarily that we can't find other places in our community that are actually really close by. And I'm having a hard time with I like how it looks, but I don't know that th

Okay. Thank you. We have more speakers uh commissioner lice i move to approve item e6 and commissioner johnson second okay we have a motion and a second to approve item e6 i have a second motion go ahead i move to amend item e6 to strike variance number 10

Regarding the traffic, wait, is that 10? The variance regarding the traffic flow is C or below. Yeah. Okay. There is a move to strike variance number 10 regarding the traffic flow, the variance to be below a C traffic flow.

Okay. So that's good. We do, we have a second to the amendment. Commissioner Farner is our second. Is there any further discussion? I think this particular amendment hits the nail right on the head as far as the problem for the commission and for the community. And with that, any further comment? Okay, those in favor of the amendment, raise your right hand. Or do you have that available for discussion? Can we vote on your amendment Oh amazing Okay, let's take a vote Okay, the amendment passes five to zero now the motion on the table is to approve a without with variance 10 struck from the orig

Yeah, you're right. Yeah, it's got nothing to do with this one. Well, so we can, I mean, the vote's essentially meaningless because it's not germane to the item at hand, right? Okay, well, so then we should just vote on the SUP.

So this is, so you would just turn it down?

This is just for all of the uses. So I'll motion to approve item E6 as presented. It's just related to the uses.

I have no issue with that. The vote wasn't germane, so it can just be struck is my understanding. Right?

Okay, so apparently that amendment routine we went through is... off the record was just for fun. And now getting back to item E6, which is the specific use permit only. And Commissioner Lice?

I'll second. And with that, is there any further discussion on approving the SUP? All right. Let's take a vote. All right, so that is approved, three to two. And now item E6. E7. Is the site plan. E7 is the site plan. E7, I'm sorry. And that is Commissioner Leish.

Okay, is there a second? All right. Thank you, Ms. Johnson. We have a motion and a second. Now, is there any further discussion?

I'd like to make a second motion to amend item E7 to strike variance number 10.

All right. Thank you. Is there a second to that amendment?

Aaron. Okay. Thank you, Ms. Farner. So now, okay, she shows this. The motion to amend the seconder, Ms. There you go. Now we've got to get this electronic world to match up with the real world. It's difficult. Sorry, folks. So now we have the amendment and the second. Any further discussion on the amendment? All right. We're voting only on the amendment. Let's vote. Okay. Passes 5 to 5 0 so now back to the original motion is to consider the site plan with variance number 10 Struck from the verbiage and with that do we have a We have to vote And that is approved 3-2. Okay, that makes sense. All

Okay. Thank you. This is a public hearing. Does anybody wish to address? Seeing absolutely nobody in the building.

I motion that we close the public hearing.

Thank you. And do we have a second? I second. All right. We have a motion and a second. Any further discussion? Let's vote. Okay, the public hearing is now closed five to zero. And now we get into the discussion itself. Ms. Sandoval-Cabanas.

Guys, I'm so sorry. So the athletic stadium. is that I'm sure we're using some sort of structure that we're building off what other cities have done for their ordinances or something along those lines. It just, I don't know how I feel about athletic stadiums going up everywhere without anybody asking about it.

The fact that I was not born in Texas is probably coming out right now, and everybody else is like, why would you not want a stadium? I don't know. If nobody else feels strongly about it, that's the only one that stood out to me.

I'll support her request to make that by SUP. Although I understand it's city or school district properties and stadiums, but I'll support my fellow commissioner.

She wants the, I can, unless anyone has anything else to say, I can make the motion that she wants. You ready? You ready? You want to go home? I'm ready for your motion. I got to figure it out. Motion to approve. I motion to approve item E8 with the change that athletic stadiums require an SEP. A second.

Okay. We have a motion and a second. E8 with the amendment as stated. And any further discussion? Let's go ahead and vote. Okay, it passes five to zero and that concludes our agenda. We are adjourned Thanks everybody