Planning and Zoning Meeting - Regular Meeting

and get started. Uh, call meeting to order. Christie, if you want to do the roll call, please. Marty, present. Bill, present. Mary, yeah, we have a quorum. The introduction of the new planning and zoning. So, we'd like to introduce um our new uh appointed uh planning commission uh Seth uh Howardon and Shannon Debris. Um they both a little background. They both previously were on our police focus group as well. So, welcome. Thank you. And why don't you all come up with press and then they'll be taking the seat of Marty and Vicki. Right. So, now Marty can come back. [Laughter] Thank you. Thank you for filling the seat for a roll call. You're welcome. Looks like Yes. New roll call. Yes. New roll call. Shannon, Steph here. Bill here. Mary here. We have a form agenda. I need a motion to accept the minutes. Anyone? Yep. A second. We got Bill. No, you're good. Jump in whenever you feel like it. Just jump in. Any discussion? Okay. All in favor? Does Does anyone have Do you guys have any questions or do you want a brief summary of what

we're looking at or anything? Be honest. I just figure I kind of just ask questions as we went. Okay. Do you want to give just a brief explanation of what we're approving for the new members uh for the the PLA? Yeah. Is that what we're approving right now or Oh, sorry. Okay. Sorry. Okay. Anybody opposed? All in favor? Minutes are approved. Okay. At this time, I'm asking for any public comment on agenda item. Public would like to speak. All right. Good. Yeah. I'd like to speak about the uh PUB ordinance you have. Um I looked at looks good. Don't know that you're going to get perfect. Um one of the things that this commission's always tried to do is keep in mind that these were living documents that if they needed to be changed, they could be changed. Might take a couple of months, but we could get them changed. Um, so I I didn't see anything wrong with it. I would support it. Okay. Anyone else? Bruce, did you happen to see the changes that were made? I'm sorry. Have you happened to see the changes that were made? Yes. Okay. Did it answer your questions? Yes. Okay. which is curious. Yeah. Anybody else? Okay. Um,

excuse me. I kind of lose my voice now and then got a cold. Um, what I would like to do at this time, because of the amount of time we may spend on the PUD, is to go ahead and ask that somebody make a motion to move the new business for the refoting them while we're having long discussion. If anybody wants to make a motion to do that, second. All in favor? I Okay. And what we're going to do is we're going to go to new business and do the plat. So I'll read that. Uh, excuse me. Kind of grabs me every now and then. A reclat for RP250617-02. Replot tract A North Park commercial center D industrial lot one 2.88 acres uh and lot two 3.88 8 acres. Does the board have any questions? Anyway, I remember that's commercial. C3. Yeah, C3, right? Can you give us a name? Okay. So if you look at your your plats here, he is looking to divide. So he purchased this entire um property. He's looking to divide um into lot one. This like she said 2.08 acres and the second lot is 3.88 acres. Um

if there's do you have any questions? I'm going to and have Robbie come up and uh give us a little bit of background what what his plan is and I also have a staff report in there and you can read that as well that will help the son understand what plan is [Music] would you like to come up introduce yourself and where you live and what your plan You can get it. Is that what you're saying? Um, okay. Well, you can answer. Yeah. She asked where the property was kind of just at 40 highway and Johnson Drive. Okay. Right. Yeah. Yeah. That's the property. My name is Robert Hummer and as you see I purchased this property. Uh the purpose of the replat is I want to build a building on lot one uh now and then want to divide it now ahead of time and then for future use maybe put something else on lot two down the road. You going to put anything in particular in the building or can I be know you know what you're going to put in? uh still in like the final planning phases of it, but we're thinking like a sports training facility for like young athletes and stuff. Very good. Thanks. And the size of it is going to be 100 by 230. Yes, sir. That's correct. Of the building. And it will also have parking. Yes. Right. back. Anybody have any other questions? Um, thank you.

Okay. At the time, I'd ask for a motion to approve. All right. Okay. All in favor or any discussion? Did we get a second? You're gonna have to speak up a little and break out the microphones. Okay. No discussion then. All in favor? I I passes. Okay. Anything else you need us to do on that? Nope. Okay. Then we will go on to back to the old business uh on refining and classifications of the PD and they have this. Yep. They have that. Okay. So Shannon and Seth, you you don't necessarily see the improvements that have been made to the PUB ordinance, but this has been in front of the planning and zoning already and um we had a few different elected officials that were interested in making improvements on that. So they were at our previous meeting and discussed we we discussed with the planning and zoning some improvements that needed to be made to better the the PUB ordinance. So you can see in the document that was in your packet that anything in yellow were things that we added to the ordinance

that staff added to the ordinance based off of the feedback that was provided by both planning and zoning and elected officials. And then I also provided you guys with uh the notes that Colin Carrian had sent to me. Um so planning and zoning had advised him to um send his feedback to staff and then we would work on implementation of that. So I wanted to make sure you guys had that. I also put um so Colin's Colin's notes were from prior to the um revisions and then Br I put in here Bruce's comments as well after the revisions and so those have you don't have those they should be she handed them out when we got here so they should they look like this is it. Oh, let me utter me some stuff. I felt like it was so Okay. So, those are Colin and Bruce's um insights or uh requests for revisions. So, I'm just going to go through well actually first let me just explain a little bit about what the PUB is. So, currently we have multiple different zoning districts. So we have like residential R1, R2, R3, commercial one, commercial 2, industrial, etc. And um what the PUD does is it actually creates an additional zone. So if a developer were to come in and they felt like their project didn't fit into R1, R2, R3, so on and so forth, they could um go through this process that's been kind of outlined in this ordinance and um they could go through the the process and then um they're basically reszoning to or from your typical zone to what to

this PUB zone. So, one important thing to realize about this is that it's not um an overlay on top of your existing zone. It's completely reframing to a completely new zone in itself and then it would comply with everything that's been put into this ordinance. So, the the purpose behind it, there's a couple reasons for it. Typically, they're used for when you have um a mixed use zone. So, if someone wanted to do something that had commercial properties in the front and then also had um like multif family residential included in the project as well, you could do that. It allows for um some more unique uh different types of developments besides just your standard multif family or standard commercial. It allows for some versatility and some flexibility for the developer. But the key point is is that the developer would present to planning and zoning their conceptual idea and then um they would if that's approved by planning and zoning and the board of alderman um later they would come back with their final final um PUD application and that would you would go through that and make sure that they didn't make any drastic changes um and then it would be approved by planning and zoning and the board of alderman as well. So, that's just a little bit of the scope of why we would be adding this. It it allows for a little bit of flexibility for our developers and it allows for some more um unique types of development to come to Odessa. Um creating a little bit more of a a open space and um outside of the norm of what development projects would look like. Um, it also allows for them to vary from some of the defined uh requirements that

would be in a current zoning package or zoning code today. So, in R1, you're only allowed to have a building X size. You have to have certain parking. You have to have, you know, certain setbacks and things like that. This allows for them to vary away from those. and and in reality the purpose of that variance or in exchange for the variance is the need for open space. So um I define here what open space is, what are examples of open space, but you're it's kind of a give and take when it comes to the PUB. It's allowing for you to maybe come up with a different um different size of a project or a different size of a building or different density levels. But you're not you're not doing that just for just because you want to or just because it doesn't fit to your you have to provide something for the betterment of the community and for the betterment of the residents in that area. So I'm going to go through you have any questions on that? Anybody? everybody in mind would have to come to us back for approval of whatever they submit. Yes. Bless council. Yes. And I've put a quite a few different um levers in here that because I think a lot of the question before was does does the ordinance give the planning and zoning commission the ability to say no, we don't like that or you know that's not going to work for us. It it gives it a put some language in there. A lot of times you'll see where I put language in like for example on page two um section C section six um the PUD shall not be shall not have a substantially adverse effect on the development of neighboring areas as deemed appropriate by planning and zoning commission. So, I've thrown that kind of phrase in there pretty pretty frequently to make sure that it allows

you guys the discretion to determine if if you feel like it's something that will be impactful positively or negatively to the the area. So, that's the first one in there that I've added to. So, the development standards are a requirement. So, one thing that's um important, so I've added quite a few different development standards to the ordinance. And one thing um that I wanted to point out is whenever you go um to page um page Um hold on find it. Oh to page nine. So under PUB concept plan criteria. So item number um two says the PUD concept plan is in conformance with the PUD standards of section 50-555 and all ordinances and regulations of the city. So that gives you already the first catchall if if they're not in compliance with all of the development standards that are listed here. So there's um 15 development standards that are now listed right there on the first phase when they bring you your concept if they're not in compliance with all of those things we have the ability to deny. So moving sorry I'm jumping around but moving back to the development standards. So um I added number six where previously we just said the PUD shall not have a substantial adverse effect of the developing of the development of the neighboring area. And then I added as deemed appropriate by

planning and zoning. So again puts that puts that decision on you guys a little bit to um determine if that's going to be a positive impact or not. The next item that I added in here was the definition of open space. So it this makes it very clear that what we are seeking is the addition of open space. Um so it introduces the idea of the intention and then it lists very clearly what examples of open space would look like. So common open space space with a PUD district is encouraged to serve as an environmental amenity or to provide recreational or aesthetic benefit for the collective enjoyment of the development's occupants. Examples of this would be parks, green space, commons, natural areas, preservation of woodlands, recreational trails or walking paths, playgrounds, play courts, storm detention areas designed with landscaping and accessible green space, plazas, courtyards, outdoor seating areas, community gardens or um clubhouse lawns, pools, and recreational areas. So, right off the bat, I mean, it's not it it's not limited to those things, but right off the bat, we're saying these are things that we would accept as open space. Um, and then it does bring it back to giving you guys an opportunity to um to be able to add to that. So, open space areas should be designed and located to be easily accessible to residents or users of the development. The planning and zoning commission shall review and approve the location, design and type of open space to ensure that it aligns with the goals of the development and provides men meaningful benefit to the occupants. Uh the common open space and facilities shall be owned and maintained by a legally established home ownership, homeowners association, special district

and other approved entities. So this helps the city. I added this in as well just to make sure that, you know, we're not it's not being deemed over to the city in any way to put then a liability on us or add a cost to to city services. Um the next one is basically requesting that they give or provide to you all a comprehensive landscaping plan um along with their submission. Um so a comprehensive landscaping plan shall be submitted and approved for all PUDs to ensure proper preservation enhancement of natural features. Um the next item that was added was um some language in there regarding vehicle circulation and pedest and a focus on pedestrians. Um because again the the key point of this is to make sure that there is um that it's a pedestrianfriendly development and that there are um those open spaces for for pedestrians and people and residents to use. So main vehicle entrances should allow smooth traffic and safe turning minimizing risk to drivers and pedestrians. Minor streets inside the PED should not connect to outside local streets in a way that encourages through traffic. Pedestrian paths should be kept separate from vehicle um from vehicle roads as much as possible. If needed, the planning and zoning commission may require pedestrian overpasses or underpasses near schools, playgrounds, shopping, and other busy pedestrian areas. So again, that focus on pedestrians. Uh non-residentidential uses must have a direct access to major streets or frontage roads, especially where there are large parking areas. The commission can approve changes to road design, including narrower streets or rideway if

the plan keeps pedestrian and vehicles separate, separated, and provides enough parking. So, um this is one area where we talk about parking. So, one of you'll notice that one of um Alderman Carrian's uh concerns was the parking requirements. So, in each different current zoning area, you know, residential, you have to have at least two parking stalls per each unit that is is u built. So, in a multif family, you have to have two park you have to allow for two parking stalls per unit that's built. um industrial or commercial, you have to make sure that you have enough parking to accommodate your employees and things like that. It's different by the different types of zones that we have. But again, that the purpose and the reason why I didn't directly um um put restrictions on parking is because the purpose of this is to provide the flexibility to those developers. So, if they can come up with a solution to parking that's feasible, then they're allowed to present that to you. But again, you have the ability to decide if you feel like it would have a negative effect on the surrounding areas. And the reduction of parking could very well have a negative effect on the surrounding areas. And you have the ability to deny if you feel like the lack of parking is not there. Do you have any thoughts on that? The way that that's set up, I did compare to other um communities to make sure that or to see how they address parking. And I think typically parking is not blatantly addressed like it would be in a regular uh zone

because of that flexibility component. We want them to be able to that they're they're utilizing the PUB because the standard zoning practices do not work for their development. So if if they present to you, they're going to present to you a parking plan that they feel accommodates and if you disagree with that, you have the ability to deny that, deny the application. I'm sorry. I'm sorry. I just have a question. So, I know it's like a little different maybe. I don't know because you said that like you have to have two two spots to park on a family unit. Those new houses going up on Johnson don't have two places to park and they're parked on the road now. And it's a no parking street. So, how did that happen? So, technically they have two places to park because they have the garage and then they have the driveway of each unit. I don't agree because I mean because here's the thing you guys literally I moved in where I live. I live at John Well, my mom and dad live right on that corner. We moved in before Johnson was even like a through street, right? And when it finally got fixed, it was like on Johnson because of people parked on the street. And I remember it being a big deal when it finally got passed that it's a no parking street now. And now now it's just like legal because they have a garage. I don't agree at all. Second. Yeah, that's that's an issue. So, do you think parking should be addressed in the PUB? How would you address it? I don't know yet. I think girls say that they have to have two pet parking spots and not count the garage. And I think if you reframe it like that, that would eliminate that

because I have the same issue on Marlo Street like Oh, yeah. Like when you try to go up Yeah. Ninth the Marlo, that's a non-parking street and people always park there. I've got Amazon parking there. When I had an F150 for Amazon to get down. I mean, like you get a delivery truck down and you're not going anywhere off that street. I mean, but I don't Yeah, I do think that It should be addressed in some way. Well, there's an ordinance on that. Then you'd have to have the police enforce that, wouldn't you be done by tickets or something like that if you're going to get that taken care? Well, this wouldn't be this wouldn't be this ordinance is is dictating prior to construction, not so existing residential parking. No, I'm talking about future, right? remove that. Just out of curiosity, let me ask this question, Sean. Would that not be better handled in the current zoning under residential that parking you're if you're required to have two parking spaces for vehicles that would not include a garage. I think that's where you would have to address that. I would I would if you address it there, that covers what you're talking about on Johnson Drive that the garage isn't counted as a parking spot. that would eliminate a lot of I think but I think you'd be better off if you did that in your current residential zoning because got to remember in the PUD they still have to get there has to be compliance there has to be justification why they're going out of that and what are they giving up

and then if you all feel that there isn't I guess my my thought behind the PUD is that it's not they're not typically going to be bringing to you guys something like a simple single family development typically. So it's going to be like what's over on the hill. You want Yeah, that would be a single family development. They're going to be bringing something that's maybe a little bit different or they're wanting to create something that's a little bit different or or should I say the word innovative or you know a little bit outside of the box. So, we want to give them the opportunity to present something that could be a little bit different than just our basic codes, but then also give you the ability to say, "No, we do not feel like this is enough parking for this development." And you would look at it on a case-byase basis. So, it's a denial of the parking. You have the denial of the procedure. In other words, they couldn't go forwards unless they can address the parking to the Yeah. satisfaction everybody. Correct. Correct. Very good. And and the other the other side of it too is because this is supposed to be more of like a flexible situation, we don't we can't predict what they're going to present to us. So we can't predict if they're going to have if it's a mixeduse type of situation, we can't say, okay, well, you need to have two for every every unit. It could be something that doesn't have units. So then it it doesn't there's not a standard blanket statement that can easil easily apply to each type of proposal that's going to be presented. Okay. So then can I ask you a question about and we haven't got to the next one but I have thoughts on the next one and how what you just said could apply to that. Okay. So if we're saying that residential structures can't be more than 3.5, what if someone comes in with a parking garage with two stories and then apartments on top? So would that be automatically declined because

of that? If so, then I think that should be because then we're specifically stating that this PUB can't have those. You know, I could see it being a twotory garage within three and a half stories, but you know, then you're kind of limited here aspects. Yes, I I hear what you're saying. F. So let me go back to the original intention behind this and why this came to be. Um there was concerns with density and allowing very you know high higher density types of development in Odessa. So there's again you don't you don't have the ability to have this blanket statement because you're looking the PUD could be any assortment of different types of development. So we were trying to figure out how we could um make an impact on density and maybe help control density without saying you know you can only have lots this size or coverage of this amount or you so x amount of units. um that would help us kind of control density. So one way we felt like we could do that was via height. So not basically not allowing for you know your sixtory multif family that would be a high density type of development. So the intentual intention was to try to reduce density to to keep that from coming to Oessa. So that's that was the intent behind it. So very much so open to discussion on how that could be adjusted. I think if we intentionally say that

like we don't we're afraid of new builds or higher density then we're not going to see any grocery stores or bigger developments come our way because Yeah. I think one thing to consider too is that with with the I don't want to say with high density, but with um higher quantities of units, that's where we get more affordable housing options in Odessa. Typically speaking, it's very hard to to build and construct this a single family home that's affordable in today's economic climate. So affordability comes with density, unfortunately. I think that's that's my thought on it. I think that really turns away development right there we were to look at. So I feel like there may be a better way for us to work that downtown across from you and Casey when they both Yeah, I'm thinking that kind of like like because like we're literally saying like because I mean I don't want I love Odessa baseball. I would be the first one to say that I love our town, but also I think if we're not prepared to move into the future and we don't have this, then we're stuck with $1,600 a month apartments and you know, so I think that there's a way that we should really address this to leave us not have to come back to this PUB multiple times to get it filtered. And again, the PUD is to allow for things that are different than your typical types of development projects. So allowing for density in the PUD one gives you guys

the control a little bit versus allowing it in our normal zoning code. Was it the density or was it the height? Well, we were trying to use height to control density, but we've got several places where it says the height can only be this high. Yeah. Through out the PUB. Yep. So, if somebody wanted to go higher than that, they could. Correct. So, we are limiting. Right. That was the intent behind in our previous meetings discussion was how can we um have an impact on controlling density without altering the or or restricting the number of units that were allowed. Okay. So the question would be do we want to do we want to limit that in Odessa or not? Well, as long as we got to say, I guess much difference. You got to know what we have to say. They got to submit it. And if it don't matter to what everybody agrees to the best road, then they don't get it anyway. They got to review the whole plan basically. Isn't that it? Yeah, that's good. I'm good. So, you're saying allowing for higher taller taller development projects and then you guys would have the ability to determine if it's having an adverse effect. thought is, yeah, where exactly would you see, and just thinking about it, where would you see these taller buildings going? You're not going to want them in your downtown. So, we'll take that off the table. You're not going to want them in a normal residential area, you know, close to surrounded by residential and then a big apartment building sticking up above, you know, single family house. So, sorry. So when you think about that, then maybe it needs to be something

that's covered in overlays like along the highway, maybe in some of the open areas. If somebody wanted to do something there that the taller building, it could be done. So maybe we need to think more about an overlay of what's allowed in different districts for those kind of things. You still wouldn't want to allow it in the residential area, you know. That's my thought. No, I agree with that. Are we big enough? I think my theory is that if we say no, then if someone sees this and they wanted to bring something here, it would det or like if someone wanted to like a hotel. Yeah. Or redo like the outlet mall or something or the areas that are commercial down that way. Like if they wanted Yeah. if they wanted, you could still use the PUB in those different zones even if we have an overlay. So, keeping this in the PUD could still be restrictive. Mary, you you you brought up where could that potentially be? I see two places that it could possibly be a fit on the hill. West side, east side because there's nothing really around it. It would create its own aesthetic value if right. Does that make sense? We change it. So, we just need to be able to turn and we would have that ability to say no, that tall building's not going to fit in that area. I think the first part of it is really what's concerning. The second part is saying that we we don't allow for any buildings larger than three and a half stories that are adjacent to reg residential zones. But I don't know that we want to keep the first sentence in there. But we could keep the one that's saying

you can't exceed three and a half stories if you're going to be next to residential. How far? But next to residential 5t. Well, part by parcel. Okay. So, if you're if this parcel is adjacent to or if there's any other parcels that are around it that are uh residential, then you couldn't exceed three and a half stories. And could you just reward it to where that we have the discretion of where larger buildings could go, you know, and that way like if someone came in and said, like Marty said, like over like they wanted larger buildings over there where there's nothing at, then we could say, "Hey, that's fine." But if they wanted to build it downtown by the 1912 building, obviously we're going to say no. Yeah. You know, so so I think that that second sentence would allow that. We're we're saying no way you can have over three and a half stories if you're going to be next to residential, but it leaves it open to having three and a half stories that is not adjacent to a residential lot. So if someone wanted to build on 40 highway, a multif family commercial, mix nextuse commercial property that's four stories tall, they could do so because it's not going to be next to residential. Let me ask this question. If you look at the hill and say half of it single family limited to that, would you want the other half to be not limited in height? See that? that creates that aesthetic view that I'm talking about and that's why that second sentence makes more sense there. Yeah. It has to be you're in a PUD you're creating an area. So it's is creating its own aesthetic value if you will. I think the second sentence and removing the first Yeah, that's

where I was at. Just making sure that we had the discretion too. Yeah. Yeah. And you may want to say single R1 and R2 because typically those are could be two stories but typically they're single. Okay. In an apartment, 20 20 unit apartment building that's two stories. It may not necessarily be out of way, you know, because well, they could put in a a multifamily um mixuse with commercial along 40 highway. If we just said blanket residential, then if another one wanted to come in next to that, then they couldn't. Yeah, technically. So, I like adding the R1, R2, and then adding a discretionary clause for zoning. Okay. and do. All right. So, section 11 um this add it adds this kind of speaks to the conversation that we're having, but it it's adding that separation between um the neighboring between the the development and the neighbors. So, um what this is, I'll just read it. Each PUB district shall be designed to provide reasonable visual and acoustical privacy for dwelling units. Uh the use of fences, landscaping walls or other appropriate barriers shall be incorporated for the protection of property, enhancement of aesthetics and preservation of privacy as well as to screen objectable views or uses and reduce noise. High-rise buildings, if included, shall be located within the development in a manner that minimizes adverse impacts on adjoining low-rise buildings and protects the privacy of their occupants. Yard setback, yard setbacks, lot size, dwelling unit types,

building height, frontage, and use restrictions may be modified for the PUB provided the overall development plan upholds the general spirit and the intent of zoning as determined by planning the planning and zoning commission to ensure appropriate transition to adjacent properties. All PUB developments should e provide either a 50- foot minimum perimeter setback around the entire development or should add the adequate transition barrier such as fencing, BMS, landscaping or other buffering treatments as approved by the planning and zoning commission. If topographical or other existing features do not provide reasonable privacy or buffering for adjoining uses, the planning and zoning commission may require additional screening setbacks and other mitigation measures to protect adjacent properties. So it gives you it gives that transition between um different different use types and it gives them they either have to scooch everything back the 50 ft or provide that barrier that transition barrier and then it also gives you the ability to say if they come up and say well we've you know we've planted some pine trees that'll you know grow in the next 20 years you can say that's not enough you need to add more to that and you can dictate what that addition would Could I ask you a question? What is a high-rise build? That's a good question. That's a valid question because that would if if I take it from just simple thought. We're saying 45 ft is the maximum height. To me, it would be anything over that. I agree.

So, and and then therefore you're allowing just what Seth's talking about in the potential for there being a taller building. So, what what do we think we should limit that high-rise to be? As long as we got to say some they still got to submit it. We tell them they can't build it that high. I don't see what that as long as it's in there. Long that you got yourself covered. We could say high-rise buildings defined as greater than three and a half stories. You got you got to where they have to I would say structures larger than three and a half stories. Okay. Um that way it includes parking garages like just big metal buildings, anything cuz there are some of those warehouses that are great. Okay. All right. Um, moving on to the next section. So, um, this gives a little bit of speaks back to you're able to deviate from X Y or Z given that you have the addition of open space which we've defined of what we intend open space to look like. So, uh, within a PUD district, minimum minimum front, side, and rear setbacks, lot coverage, and lot size requirements may be reduced from the dimensional standards typically required for the type of use proposed as determined by the planning and zoning commission, provided that the development plan incorporates additional green space in an amount equivalent to the total area uh, reduced. So it's it's it's a little bit of quantifying of saying okay you're you're

going to tell us exactly what you're bearing by to what amount and then we are expecting you to provide us with an equal amount of open space at minimum. So that's like the normal like isn't it 15 feet or whatever 10 feet is our side setback for residential. It's different for each one like so for example commercial there's zero setback um but this is this is again speaks a little bit to density in a way because um those those setbacks the coverage the lot size those are things that are going to impact density as as those things are reduced density is increased but we're giving them the flexibility to present us with a reason why They're they're varying from those requirements and what they're going to provide in exchange for that. And a parking lot is not a green space. No. No. Okay. I just wanted clarification. Yeah. No. And that's where we kind of defined at the beginning of our changes, we kind of defined what we would anticipate to be open space. It's defined on duplexes around it or something like that. Would that be a buffer? How could you that be in there? No, they're going to be open space. Um, number seven defines open space. Okay. So, it the last sentence even kind of defines what we're trying to do here. The purpose of this provision is to ensure that any increase in building intensity or density is balanced by meaningful open space and sight amenities. uh 13. So this just is adding the ability for

phasing. So um I won't go into detail. Again, it gives you that um you know, you have the ability to approve the phasing plan. At the end of this entire ordinance, it gives a little bit more of a definition of what the phasing would look like and what they're allowed to do and and how they're able to modify um that phasing if if need be. So, this is something new that was not in the previous one, but just allow we wanted to make sure that we accommodated and addressed the need for phasing because we do see that off development projects. uh number 14. Uh this is where we wanted to make sure I did elaborate more in depth than what was pre previously put in here. So um the point of this is to say that um if you you know hypothetically if you're needing to put in a major water line to be able to service this uh development that the city's not responsible for bearing that cost. And then I also added some storm water management requirements because that's something that we oftent times fail to um manage in our current code. So I want to make sure that we're bringing in something that's different or unique um or a larger development project that storm water is addressed and adequately addressed. Um, and then in no case shall a PUB district be less than 2 acres in size or no less than 5 acres in size in commercial or industrial areas. So at our previous meeting, we just talked about less than it can be no less than 2 acres in size, but I went ahead and took it a step further by adding that it also needs to be no less than five acres in size for commercial and industrial. Everyone okay with that addition? So if

they mix then would it that five acres stay the same? That's a good question. Would she say if it's a mixed development and has residential and commercial in it? If it's a put it's got to fall into one of those two things. Two or five acres. Okay. So yeah, that's right. Think it's a P. The PUD is potentially mixed development. Yeah. But she's saying cuz it's saying two acres if it's residential, five acres if it's commercial or industrial. So what if it's commercial and res? If you're primarily looking at commercial loan, then it's saying five acres. If your primary is residential, then it's two acres. If it's mixed, I think you look at that because that's going to get you commercial. So you take the worst case scenario, which be five acres. can't be any smaller than that. Doesn't mean it can't be bigger. It just can't be any smaller because otherwise you get into that real issue of open space parking, you know, are going to have to budge a lot on setback larger and higher. You're going to need more because you're going to need more parking. So we can add if it's a mixed use with both both u residential and commercial or industrial which industrial is probably pretty rare but just to be safe then it would be no less than 5 acres we'll add that. Okay so now we're going on to the review side of this. So um you know the the next section is going to just kind of overview the process and the application process. But what I've done here is we've added quite a few requirements of them in that um concept design standard. So I wanted to make sure that what's in the application and what's provided by

the developer is going to give you guys enough information to make any determinations off of that. So a lot of the additions here are based off of what was um was added to the previous section. And so your typical application is going to have these standard um requirements from them. So your filing fee um legal description of the parcel present zone um any uh names or addresses of all the owners and parcels included on the proposed PUD and their designated representative. you know, all the signatures and notaries that you're going to need and then the name of all of your property owners within 185 feet of the boundaries because we're going to need to give them proper public notice of everyone within the 185 ft. I added number eight going back to that storm water improvement. So making sure that they are providing to you the storm water plan that's that is now a requirement that demonstrates how uh storm water will be controlled and treated on site consistent with applicable city codes and storm water management regulations. So not only do they need to check the storm water box, but they need to prove that they have checked that storm water box. And then go ahead really quick. Can you add something that like it would fall on the developer to pay for the public notice? Um, yes. In here that it wouldn't fall on the city to So, the way that we typically will do that is um so this says filing fee. So, in the file in our schedule of fees, we'll put in the fee amount and say plus public notice fees. Okay, that's typically how we do that with like variances or any other types of applications. will say this amount plus any other fees and then we'll invoice them separately.

Um so um one of the things that is very important is that they provide you know this the maps for you guys any site plan information and things like that. So number nine is going to ask them to provide that detail and and and explain it to an extent. So a pro proposed plan for the development of the PUD which shall include the following information and supporting maps. So our current code does not does not dictate the need for a site plan very well if at all. So I want to make sure that that's a requirement here and we'll get that fixed moving forward on the rest of it. But um so you have to you know you provide any of the contours and site conditions as well as um the flood plane information and natural features. Um you you'll have to propose or add the proposed lot lines and um the location of floor area size of all existing and proposed buildings, structures and other improvements including the minimum heights types, dwellings, dwelling units, density per type, and non-residential structures. So this this is asking them to show exactly what the density is going to be. And then whenever remember everything that they're showing here, they have to come back on the final final plan review come back to you and show that they have not varied within X amount for these different things. Um the location and size of all of the open space. So they need to show exactly what type of open space they're going to be adding and the size in acreage of that. Um and then for traffic and parking the existing and proposed circulation system for arterial collector and local streets including off- streetet parking. So this right here is where they need to show

you exactly how they plan to address parking and then any internal streets as well. And then again bringing it back to the pedestrian need and the focus on pedestrians. Um, they need to show existing and proposed pedestrian circulation systems, including its inter relationship with vehicle circulation and proposed treatments at points of conflict. Well, when they send they're going to get we're going to we're going to get a full plan of the building, the parking, the sidewalks, the lights, the whole nine yards. We get to see that all done complete on that like that. So, we'll have a better perspective. Yes. Very good. Exactly. What's the timeline? Is it when they come? is that if I want to put something in, do I do I have to have all this done before I present it? The the idea is that they're going to come to you with more of a conceptual engineered drawing. Then they will go get their if that's approved then they'll go get their actual engineered construction plans and then that will come back at the final final review to make sure that those construction plans are in align with what they previously already presented to you. Right? So all this will be approved before they start construction. But the idea is that there there's a big uh financial difference between your concept engineering and your construction engineering. So the concept is associated with your concept engineering and the final is associated with your construction plans and your final engineering. And when they come back with that final, if we're smart people, but will we have somebody within the city that we can take it back to and say, "Hey, yes, an engineer or something like that." Typically reviewed by by engineers and staff before it ever gets to us. We always have our engineers review. It'll all be Yep. All that

elevations and all that ought to be rightways, all this. Yep. So, what we always have our engineers review those plans before um any approvals to make sure that they're in compliance with all of our code and ordinances and building code as well. Very. That makes this a lot easier. Yeah. Yeah. you guys are really you're you're approving the co concept plan and then you're approving that they didn't vary from that concept plan within so much. So we don't want them to come and say um you know we want this PUD it's going to be this density we're going to vary this much we're going to provide this much open space and then they go and and get their construction drawings done and they've taken out over half of the open space increase density reduce lot you know they can't bury that much from what's what was just a concept and an idea to what's actual reality. So you guys are really at the final phase. You're not you're not approving to make sure it's in compliance with the, you know, the rest of our ordinances or in compliance with building code or anything like that. That's going to be between our engineers and IBTS. You guys are just here to say that no, you you can still do this PUB because you still have the same plan as originally proposed and you're not going to try to switch it up on us and go a completely different direction right before construction. Okay. Sorry. What's what is the expectation of us? Like are we approving the concept the same way if you see it? Do we get to jail? Like, so if they bring us the concept, do we approve it that night or we going to have time? That would be the decision of of you all. So, we'll try to get you typically with planning and zoning, we'll get um the plans to you

the Friday before. We didn't this time, but we get them to you the Friday before and your meeting will be on a Thursday. And then if you guys sit here and you're like, you know what, I need more time, you guys will take a vote to postpone it to the next meeting or whatever it is, you have that. Okay? And that's with everything, not just PUBS. That's with anything that comes before you guys. Thank you. Um Okay. So, the pedestrian and then we also want to um that that's not going to be affected by the 60 limit if something's proposed. You mean with building permit like the preliminary like the preliminary plat? Well, this is within 60 days. That's correct. But well, and that would be a 30-day delay. So, it'd still be within that window and this doesn't have that. So, preliminary plots, final plots, all that would have that stipulation. And this is separate from your preliminary. I want to make sure that that and it says that in here that this is a completely separate process of your preliminary and final plat cuz I just see somebody reading that and going but but no I I think it's I think it's fair for for the ling and zoning to be able to take the time that they need And this is separate from preliminary fin. So I think it's all right. I'll confirm it with our turns. Okay. So moving on. The next one is that they need to provide us with all the existing and proposed utility systems including sanitary sewer, storm water, water uh or storm sewer, water, electric gas, and telephone lines. They also need

to provide us with that landscaping plan. Um and then information on adjacent land including land uses. So um this is this helps with that perimeter and understanding that perimeter. So they need to tell us exactly what is in the surrounding areas around them, what it's zoned as, what the uses are, etc. Does that need to be updated? Uh the sanitary does that need to add the cable the fiber internet lines? No, that I guess that would fall under telephone lines. I'm just wanted to double check that like we're not a li like engine holiness out of a certain utility. We'll change it to telecommunication. That should hit it. Um okay, landscaping information on the adjacent um and again that adj the information on the adjacent land. um that's really going to give you that information and help you make that determination on that adverse effect. So it's we're wanting to know if this development is going to have an adverse effect on the surrounding area. So they they have to provide you with the information on that surrounding area so you know those details of what's what is there something like this if we put it but they're talk get talking about a big development no bigger than Odessa is as far as the sewer system water everything like that would capacity at a time we have the ability to be able to have the capacity to maintain this have enough water flowing the sewer if we have to build a treatment plant and get more water then that would change the whole thing. Yep. And that's in there that um where is that um basically that this you know I think I guess that's where it's saying uh is that where it's saying the infrastructure part of it

the city shall bear no is that yeah the infrastructure has to be there to do Yes. Right. Or you have to put in the development. Yeah. If the infrastructure is not there, the city's not responsible for upgrading to accommodate you. You need to upgrade. Thank you. [Music] Um they have to show us the proposed perimeter treatment, how they're going to address the 50ft uh perimeter or the transition, the natural transitions. Um and then we put some clauses in there. any other requirements necessary for development of the PUD as required by this chapter or other city codes and any additional information or documents that the city may require to evaluate the character and impact of the proposed PUD as well as their proposed timeline and then phasing plan. So once they propose that timeline, they're then obligated to maintain that timeline that they originally proposed. Okay. So that is what you would be receiving and evaluating after the concept plan has been submitted. Um this the next kind of goes into a little bit of that procedure and kind of how stock will you know accept the application. Oh we hear we do have that clause in there. Okay. Upon receipt of a completion completed application, the community development coordinator or design shall review the application for compliance of this chapter. The community development coordinator shall place the application on the planning and zoning commission within 60 days of verification of an application in compliance with this chapter as long as such placement on the agenda allows for adequate public notice. Um, so it doesn't it does not specify that how long planning and zoning has to evaluate it just that staff have to get it to

planning and zoning within the 60 days. Yeah, I think we might you might want to get that clarified so that that doesn't get caught up with uh action has to be taken within 60 days. But it went over 60 days couldn't default and they could do anything they wanted to something like that. We got so many days you technically go to the board of elder persons. Right. Yeah. But you I would just to avoid that. Right. You know the the you're appointed by the older persons to be their leazison in this process and it could it could end up with a nightmare. But and I and I notice this does say uh 60 days of verification of an application in compliance. So the application has to be in compliance with everything and then sufficient notice for public notification. Yeah. So that may be adequate enough. you know what I'm saying to to meet that 60day but it might not might not hurt to just check but then we ought to know what we're going to get anyway after all that's in compliance we ought to know what it's going to be so we didn't have 60 days after come to that I'll get confirmation theoretically yeah very good I'll get confirmation but the way that I interpret this is that um staff have 60 days to present it to you and then there's not any type of time restriction on how long you have to approve a road. Very good. Yeah, it's a 60-day compliance and all that. All that just simply is the application is in compliance with the check. Okay. So, they can't give staff a half completed application and then say, why didn't you get this to the planning and zoning in

60 days? The answer would be you'd have 60 days until from the time that you have a planning and zoning ready application. you then have six staff has 60 days to get it to you. And and I like the part there too, pardon me, Sean, about the uh sufficient time for public notification because theoretically you could fall in that 60-day window and and still not have the time to do the adequate public notification. Okay. But you got that open in now, don't we? We got we got the time. Yeah, that's covered here. idea. Okay. So, um so then the number four lists the different criteria that you have to approve. So again um everything in the design standard you have the ability as long as those those standards are met that gives you a criteria area to to approve on. So I this is something that I find really valuable because you know we have BZA for example. Well we have you know these variances and things that are going in front of BCA but the ordinance does not give specific criteria as to what they are using to determine if a variance can be allowed or not. So I really like that this gives you the specific criteria that you guys are going to be using. It gives you kind of a map and a guideline on whenever one does come to you. Okay, these are the things we need to be looking for. So those are listed under number four. Um we have I added the storm water. We need to make sure that storm water addresses both storm water quantity and quality, protects the adjacent adjacent properties from adverse storm water impacts and complies with applicable storm water ordinance. A lot of times we see where okay we're going to require storm water

um a storm water analysis but that storm water analysis is only providing the storm water analysis for their parcel and it doesn't doesn't look at the adjacent properties and that's kind of the whole point behind getting this type of a storm water report from a developer is that we know how it's going to impact those in the surrounding areas and that it won't impact on good So also something that needs to be improved upon in our actual orders. Um the PUD concept plan does not negatively um does not negatively affect the aesthetics vehicle traffic pattern and pedestrian use for the users and uses within adjacent districts. So we've added that as well. So whose decision is it what aesthetics are? Prime example would be the uh multi-story would be would be a good example. Maybe their structures around brick and and they're going to but metal. Yeah. But there's a lot of things in here that give you guys a lot more control than what you normally would have on design and um variations of the the development. Okay. So now we're going on to the final plan. Um so then again you have that final plan review criteria under um section 4 page 11. Um so any increase of 10% or more in density or intensity including the number of housing units per acre or the amount of non-residential floor area per acre. So again they were they they were provide

or asked to provide that information on density for you in the in the concept. So now they're coming back to you with a more final engineered plan and now we want to make sure that they did not vary from that density anymore than what they previously conceptually brought to you. Um a change in the mix of housing types or the amount of land area devoted to non-residential use. Um we want to make sure that they have it varied from that or a reduction in the amount of open space. That's a very big one. engineer though is going to review all that too before we even see it. They want to call that um well yeah staff will will engine or I'm sorry staff will review this to make sure but um but this is the criteria that you're going to be looking at whenever you um a reduction in the amount of open space. So that one's very important because again the key the key point and factor to this is that if you're going to vary if you're going to you know kind of create a different path here you need to do that in exchange for the betterment of the the development and the better the development is viewed by us in the terms of open space. So we want to make sure that they're not drastically reducing the amount of open space that got them here to begin with. um any change to the vehicular system that results in significant change in the amount of amount or location of streets, common parking areas, and access to the PUD. So, we again we want to make sure that they didn't um say that they were going to have x amount of parking and then they come back and they have less parking than they originally planned. I guess to make a difference, they want to do some kind of elevated parking too. That all come into the scenario. Yeah, parking in general. So, and then any change within 50 ft of the residential district or less intensive zoning district. So, this again goes back to that 50 foot parameter and the

segregation or separation between different use types of the neighboring parcels or adjacent parcels. Um, any change determined by planning and zoning to represent an increase in development intensity. So, again, another kind of catchall for you guys to be like, well, wait a minute. just because you um didn't if you didn't um change density or intensity by altering the um number of units or the um housing type, but you did alter something that's not listed here and that's going to end up resulting in a change in the intensity, then this gives you the ability to be like, okay, wait a minute, that's not going to work either. um a change in use categories or um a substantial change in the layout of buildings. So it doesn't allow for much room for variation, but that is the the enter point is that you had a concept and you need to kind of stick to that concept in order to have kind of lack of better words, but the privilege to have this EUD zone. And then once this final step is approved, at that point that's when you're reszoning the parcel. So if if this is then approved by um planning and zoning and uh the board of aldermen, then um at that point once you have final approval, then you're officially reszoning from whatever you were zoned as previously to aud. And then I've added just a couple things on the end here. Um Uhhuh. under number three. Yeah. Changer. And then two. Is that supposed to be almost identical to

It's not really the application, is it? Where you are? I'm sorry. Page 10. Have This is that. Yep. It's just for the next step. So, this one it's an application. Yep. Still an application. It's still an application on the final. Yes. Technically speaking. Okay. It's an application for final approval. Yeah. Okay. You're they're they're still applying for your approval. It's it's still cons it's still considered an application. They're still going to be presenting to you the same, you know, same documentation, same requirements, same site information. There's two public hearings. Yeah, I believe so. Yes. 15 days notice for the final and 15 days notice for the concept. Steve, you guys are going to typically when you have a development, you're going to get that twice. Okay. you're going to approve a preliminary and then you would approve a final. Preliminary says, "Okay, we we we kind of like the concept. Bring it back into us in its final form and that's what you're going to approve and then either you you recommend it to the board of alder persons for their approval." Okay. Um you're not really the approving body. You're going to say, "Okay, it meets all the criteria." So, we're good to send it on to the boardwalk persons for their approval. And you're going to have typically, this is just typical planning and zoning stuff, not necessarily dedicated to the PUD, but like tonight, you have a replat. The replat is an an adjustment

to something that's already been preliminary plotted and final platted. So you only are seeing this one time because it's already been through that process when it was originally created. So whenever you have a new subdivision, you're going to get a preliminary plat, then you're going to get a final plot. You're going to approve both both times. But like a replat, you're that's technically that parcel of land has already been preliminary plotted or final platted. So now we're now you're just replplatting something that was already existing. But if if it's a subdivision or something like that, you're going to we're going to need a preliminary plat and a final plat to subdivide it. And then so we're treating this with that same kind of flow process flow where we need a concept and then you need to come back to us with that final. We're going to approve both of those. So lastly, I I added these u modification and amendments and then phasing of the development. So, we've added and said um or one of the e modifications and amendments. We wanted to make sure there was some language in there that addressed if you know it is approved at the final or is approved at you know different phases or just at the final after it's approved from the final are they able to if they want to add one more unit to the entire project. Does that need to come back to planning and zoning or is that something that can be approved administratively? Or if they're going to add 50 units, maybe that needs to come back and be approved by the the planning and zoning. So that's that's what this section E is uh dictating is that there is a little bit of flexibility of what can be approved administratively after the final and then what needs to come back to planning and zoning. It's not

and then the last thing on here is the phasing of the development. So we added in the in an earlier section of the ordinance that you can phase the project. So, we wanted to add some stipulation in there of what phasing would look like um and what uh would be required of them mostly that they need to provide you guys with that phasing plan and what details should be included in that phasing plan and you guys are technically approving the phasing plan at the same time as the actual plan itself. Grant, real quick, that number five down there, the the effect of the approval, the left to the approval. Could you just run through that real quick down the bottom here on number five, please? Um, this that this ordinance shall be in full effect and effect from and after its passage of approval. Full force shall be in full force and effect from and after its passage and approval. So that's that's typical kind of language that we put into all ordinances and it's just saying that like from the date that the board of alderman approves this ordinance now you are free to utilize this ordinance. It's in full force in effect. Okay. Very good. Thank you. All right. I have a question about the phase. Like is there anything that we've got in there that's like if they decide not to finish a phase like say they failed two phases and they run out of money like you know and then they're like I would say generally speaking a member at the concept they have to provide you with a timeline and then they're obligated to stick with that timeline. What the repercussion of that would be each approved phase of the development and substantial compliance with approval through plans and within the timeline established failure to meet phasing requirements may result in suspension of

permits and other enforcement actions. So I guess it doesn't necessarily address if they could be sued or something. It's like on a big contract if you go over time you can get you know liquid dam damages stuff like that if you're not done with their appropriate time but this wouldn't have we wouldn't necessarily have like a construction type of agreement with them to construct their own development so not necessarily for this um that's a good question I'll have to get more information on that how we could add that language to make sure that they complete the project but I mean to an extent If you know, we we try to put things in there that if you um haven't if you don't complete the project within um x amount of time that you have to um like the the approval of this does not perpetually stand and I think that is addressed in the um that's in five and we what you was talking about in there some some degree it's no longer in effect. Yeah, it's in there. The other thing I I again I've said it a hundred times. I would just advise you cautiously allowing phasing cautiously. Is that what you said? Yeah. Okay. In other words, one doesn't then worry about doing two. I would be apprehensive about it that way. Fantastic. Because I just don't like the idea of, you know, you get half of the project done and then it's an eyesore. How do we find somebody to Yeah. What if I go backing the timeline? So when they propose a timeline to you if it's too lengthy of a timeline, then you can deny. Well, but I mean, but that's not going to stop anything that pops up responsible for. Maybe that's what you're saying. But I mean, yeah, that's a legal question.

I'll have to ask the attorneys on that because if they run out of money, we can't force them to complete it. They have no money. So, can we also could we put a provision? This may be a legal question that they have to show us the funds for each phase that they already have or something like that. Can we require a bond? Yeah, I say it would be a lot of performance guarantees under the phasing. So, uh, the city may require financial guarantees or other security measures to ensure completion of infrastructure and amenities within each phase before subsequent phases proceed. And you guys would check their finances anyway. You'd want to know they got, you know what I mean? When they have the credit or something like that, you making sure they're bonded and all and everything. Yeah. So we could we can change that to require that instead of may the city may require we can make it a more. Yeah. I just don't feel comfortable if we don't know because I just because like I said it could it just if it's just not finished and then it's halfway now you're not going to be able to put people in or business in if it's not complete and then what it's just going to sit there becomes a violation of violation that's true it's hard to inspect it's very hard to inspect you have a if you've got outlet mall type like an outlet Does it fall back like since we kind of made this like in nature like they have to take care of it and then they run out of money and then they have no one to take care of it. Then does that fall to the city to take care of it and then it becomes but to an extent some of that's inevitable. We can't control people's finances or the economy or how things work that way. You'd have a good idea before you let us do it though before we approved it all. I mean you guys have checked all that and and um

we also have we we could add some language. So we say performance guarantees that's typically in the format of performance bonds. So if they don't complete the project and there's some financial help there you know we need to cash in those performance bonds. And we also put in there that phasing is a less require like a less I don't know some kind of like different I think require I mean these types of things performance bonds providing their financial guarantees and security measures and things those are something that so we're saying that those are required if you're going to do phasing. So it's an added expense to phase out the project. Maybe all infrastructure for the entire project be in before any phasing is allowed. Anything like that? Yeah. I'm Yeah. something. Yes. Yeah. I don't pay for that. I don't want I don't pay like structure being put in. Yeah. I mean I just feel like I mean it's just if that's where we phase to be complete before the other phase start. I mean it's got to be done set grass trees over nine yards. Then you start the second grade, you know. Yeah. I'm also curious what the goals take out. That's all the other alternative here. Yeah. But I mean that be a bad thing. I anticipate that these would be typically larger projects and I think they they could always propose in phases to them like what if they brought us this big thing could we then say to them hey we think it would be better done as a phase can you do it that way or is

that something that we can even I wouldn't want to propose post phase to me personally [Music] if you don't want to allow phasing, it shouldn't be proposed by them or us. But don't forget, you have the ability to approve or deny the phasing plan overall. So, if you think that if you think that it's not a good plan or that it doesn't um include all of the upfront infrastructure or something like that in phase one, then you can deny or or have some reassurances in it, right? I guess that'd be good. I was going to say though, but if at the end of the day, if we're not comfortable with I mean, I just would hate for them to do all this work, if we are still like I just feel like if we're still uncomfortable with it, I I just feel like that's a lot of work for somebody if we're just what that stuff feels, you know. Do we want to So, we need to add some performance measures in there. um a little bit more detail on what would be required for performance um bonds and situations like that. And then we've maybe want to add something that says that the base infrastructure which is going to be your water water sewer streets those you know like the roots of the infrastructure have to be put in in phase one cuz like she said it is it does make the project easier to turn over or sell to a different person if they do run out of money if that infrastructure is already put in in the first phase. That's saying there's commitment. Yeah. No, I like that. I agree with that because I think of in Branson there was these mini mansions built and they came through and built them and never finished them and then they just dilapidated and just sat there for 20 years. So yeah, you know

like that. That's where you got your bonds and your insurance and the money and creditors and all this and that. You got to have all the ducks in a row before you cut them do anything. Yeah. Somebody that typically that's going to come in here with a pud, they're going to be able to do them. Yeah. Because remember, you're talking about a minimum 2 acre residential, 5 acre mixed or commercial, and that sounds like a lot, but it's not really. The other thing, too, is we put you have to be careful and weigh out the amount of barriers that you're putting on the developer. Yes, we want to make sure that things get done, but at the same time, they're looking at these as barriers and hoops and constraints that turn them off from developing in Odessa overall. It makes go down the road. I just I I think the infrastructure makes me feel more comfortable. I just want to make sure that they're gonna Is that a standard practice than other states? I don't know. I have to look. I think I think a lot of them are different. Yeah, I think there is no the standard is we're different. Infrastructure going in versus the standard. Yeah, I think that I don't I mean it's assumed that it would go what you're doing what you're putting in. Yeah. So, Oak Grove didn't require it um with their one of their big phased residences because um that's been very controversial because the road that would go up park and it won't be constructed until they build like three more phases of housing. So, I know they don't require it. Don't know about anybody else. No. or like for example the hill. That would be a situation where maybe you wouldn't want the entire infrastructure because they're eventually going to connect to

40 highway. And if you have no houses there, you're going to have a high high traffic, high speed, well people going beyond what the speed limit is trying to get to the interstate and going through a residential subdivision that's not built yet. That'd be same situation where they built out the whole thing, but now you just created this open through through. Well, would we have to do some of that? Give some consideration to that as to where they're going to put the overpass on and whether we let put things out here. Would there be some constraint as to where they're until they get the overpass in the interstate in and all that as whether to make sure something like that didn't happen? Yeah. MODOT would would approve or deny their ability to connect to 45 say or the city wouldn't approve that. Um yeah, that's a good point. So maybe we again I think we maybe just need to put some more um allowances that give you guys the ability to determine because there could be scenarios where we don't want them to build out all of the infrastructure for this huge development. And then we've, you know, we've got to um something to have to enforce or have a negative impact on the area. But I do think I mean um again you have the ability to approve or deny the plan as it's proposed or not. So then could you restate it to be like they have to finish the infrastructure on the phase that they're before they start? I did see there was other ones that said like you have to complete 20% of I think it was um the

way that Sadelius was written was it said um you had to complete 20% of the residential units before you could start construction on the commercial units which I didn't quite understand the purpose behind that. So I moved away from that. I'm just thinking like if we're doing it in phases, if there's a way to state like you almost like before you I just instead of like starting different phases if like the rules were like you have to finish one phase prior to the one's got to be complete too. So it's like we don't want you coming in and half finishing to be a percentage complete before you start on a so that way you have like street nowhere I don't know something I don't think you want to hold up where they can't until it's absolutely done and they're moving in then it's delayed they'll go out further where they could have already had this part started while they're finishing up on this one they're going to spend a lot of money before it Now they've got that in in that in the plan. They're going to spend a lot of money. So someone who's going to spend a lot of money isn't going to want to spend that money needlessly. That's true. They're worried about making money. I mean, you're right. That made it easy. We just got to make sure we got them within right constraints of doing what had to be done. I don't want to spend a million if I can't get it back. But that's their problem. That ain't ours. are just make sure it's built the way we want it built cuz they're all at still and that and that's why you created the plan, right? Yeah. They know what they're going to have to pay and we know what we're going to get. Yeah. Right. Well, we'll uh verise it a little bit and come back to you guys. I I honestly think you'll know

by the time it comes here to the final plan. uh your comfort level with whoever's proposing that plan whether you're going to want to permit phasing or not. Yeah. Yeah. I really do. I staff should have a good understanding for that especially and even the engineers and that it's going to be a good builder and also for the community. It's got to be good for both of us, right? Yep. So, they're going to you're going to approve the final plan um with or you're going to approve the phasing plan with the final plan. So, you're you're already going to have like you're saying, you're going to see the concept. You're going to see them come back to you once they've completed that. Then, they're going to propose this phasing plan. So, you're going to have a lot of information about the developer and the project before you say yes or no to the phasing plan. And the phasing plan is optional. Not everyone's going to have a face. And you could say, you know what, we don't want to face we don't want you to face this at all. That's you'll find out they truly intended to do it to start with. And if they come to you with a phasing plan, um, most likely, I mean, from conversations we've had with other developers and things, if they're if they're proposing phasing, they have a valid financial reason as to why it makes the it makes financial sense for the cash flow of the project for them to do this, this, and this first, then follow with this, this, and this, or whatever it is. So they're going to present to you the detail of that of that um plan. So my my thought now is um the phasing plan should include timeline, scope of improvements for each phase and how each phase will function independently and in

conjunction with other phases. We we could ask them the purpose or reasoning for the phasing plan. That would give you a lot a lot of context for approval or denial. Okay. Um, any other questions? I just have one. Whenever we're This is kind of going back a little bit, but we were talking about like side shoots. So, like let's just say like this is applied. I'm thinking of like Ninth Street. If they did and like the hill was to be connected and say that was a PUB, would this help protect Ninth Street from heavy traffic flow? if that connected 240 and or is somehow in this kind of written that because or written that way because like that would you have to remember too that the hill was approved in 2005. Oh, no. I think I think that as I No, I do think cuz that was my immediate thought whenever we were putting that section in there about traffic circulation cuz the hill would be technically not in compliance with that that language because it allow it will allow once they connect that 40 highway, it will allow for through traffic and increase traffic in that subdivision. So, this this would actually protect us from that happening in the future. Okay, that's what I was trying to make sure it's protecting us from those large arterial connections, not necessarily the ninth street connection because that would make sense. You've got residential mixed with residential. It makes sense to connect those two. But when you're connecting 40 highway and the interchange with Main

Street in Odessa, that's that's what that's trying to refrain from happening in that language. Yeah, because nine street is still going to be fun. Okay. Any other questions? You're good. We got a lot of copies, haven't I? We did. And we'll get some revisions to you guys at the next meeting. We'll take care of all of the uh stuff that the city I do believe. So, so the one thing that uh Quinland had talked about, we kind of talked about this was the parking um discussion and then um everything else was addressed. So, he did talk about minimum square footage for building use, but then again, that ties back to giving them the ability to differentiate between the size of this of the the lots and the density in exchange for the open space. So, um, not blanket restricting square footage, but allowing them the ability to present to you all the flexibility of something different. That's item number four on his list. Is there any other business? I was just going to ask really quick, can we bring up ordinances to talk about next time? Like, can we talk about the parking kind of like what? Yeah, Shannon was talking about I don't know if I can bring it to you next time, but I in the future within like there's there is I have a laundry list of things for you guys to do. I just want to make sure that one was on there. I didn't know I was able to ask that. So, I just wanted to double check. Okay. Okay. Um, is there a motion to discuss and make sure seconded? Yes. SF.