Planning & Zoning Commission - Regular Meeting

Howdy, city staff. Are we ready? He said he got stuck by the train. So, he's just down the street. Okay. Can we have a little bit more? Uh, just a few more minutes. We're waiting on one of the applicants to be here. Sure. Just you have the engineer, but I just want to make sure a lot for enough time. I guess just a question. I mean, there's usually several things until we get to the hearings. So, do should we still wait?

We just have one item before and then the minutes. Um, we could if you wanted, but I I don't 100% know. If not, we can always skip to the next item if y'all want to go ahead and

God, I understand. Okay, got it. All right, we'll wait a couple minutes then. Wait for I think there's some lag. All righty, we are going to begin this uh planning and zoning commission meeting for the city of Sageno at 6:03 p.m. I'm going to do a uh roll calls to establish quorum. Um hold on. I actually Well, I see a typo, but um you noticed that too. Got it. Okay. All righty. Uh, place number one, Vivian Anderson.

Present. All righty. Um, place number two, Benjamin Guty. Present. Place number three, Peter Drle. Present. Place number four, Melinda Julian. Here. Place number five, Valvesus. Present. Uh, first alternate, John Hardy. Present.

Second alternate, Daniela Fernandez, not present. All right, we have a quorum. Uh then I am going to go to 1B uh audience participation. Um if anyone in the audience would like to speak uh please come up to the microphone uh state your name and where you are from. Um we will also have um during each public hearing we'll also have a section where you can come up to speak on individual items if you would like to. All righty. Now, we're going to go to section 2 2A uh approval of the minutes from the previous meeting on uh November 11th, 2025. Um I noticed so it looks like the chairman and vice chairman are switched at the top of the meeting. Um I mean as I guess we just note that and then we can approve the the minutes or

you'll just approve it with that. Got it. Got it. Okay. So, just uh if the city staff can eventually correct this, just switch the two people and um should I run through what we did at the last meeting or just ask for a second? Yeah. Got it. Approval. Okay. Um does anybody want to point out any other corrections or do I have a motion? Mr. Chairman, I most move to approve the minutes from last meeting with the change of the vice chair. Got it. Do I have a second?

All right. All in favor? We're going to vote. All righty. And the motion passes. Now we're going to go into section three, public hearings. Um 3A consideration and action regarding a proposed textural amendment to the zoning ordinance regarding modifying the city's permitted use table automotive uses and section 8 through 9 off streetet parking and loading requirements of article 8 supplemental district regulations of appendix A zoning.

Mr. Chairman, good afternoon. Um, this item, you all saw a portion of it last month. Um, essentially what happened at the city council meeting is that our city attorney notified us that we missed some notification regulations. Um, we were supposed to contact a few other people in regards to some of those if they're going to be non-conforming. And so, we're in the process of doing that. But for this one, we're going to go ahead and say that anyone who is conforming today and won't be conforming if this were to be approved just for the off- premise parking to be adopted today will still be legally allowed to do that. Um, so that's essentially the only thing that we're voting on for this portion. And again, as a reminder, we're proposing for it to be allowed with a specific use permit in community commercial, city facility, light industrial, and heavy industrial. And it would not be permissible in any other zonings. And then with that was just that ordinance change to add that other clause that just says that they can allow it with an SUP.

Got it. All right. Does anyone uh on the commission have any questions for city staff? And if not, do I have a motion? Hold on, please. Commissioner, excuse me. This is set for a public hearing, so if we could open the public hearing.

Oh, got it. Yeah. Yeah. Okay. Got it. So, thank you. So, uh on 3A, I'm going to open up another public hearing at 6:07 p.m. Okay. Would anyone in the audience like to speak on this item on 3A? Okay. So, um does anyone on the commission have any uh additional questions on this? Or if not, do I have a motion? Let's close the public

Oh, I got to close the public. All right. We're going to close the public hearing at 608 on on 3A. Got it. anything. This is good. We talked about it last time. Mr. Chairman, I'd like to make a motion that we pass ordinance 202529 or let's just say 3A. So, I don't read all of that. All right. Do I have a second? I second.

All right. All in favor, we're going to vote. All righty. And the motion passes. Okay. Now, we're going to go to 3B. Um, if do we have everybody here that was um Got it. Okay. So 3B, consideration and action regarding the consideration and change in zoning and a planned development on 25.62 62 acres out of the property on 112 Spring Hollow Drive and 304 East Mroy Boulevard from single family 3 SF3 light industrial LI and community commercial CC to a plan development PD4 light industrial LI and community commercial CC. So now yeah

Mr. Chairman. So per our last meeting, the applicant withdrew their requested a withdrawal for their application which was approved by y'all and city council. Um and that was based off the city's guidance in order to request a deviation for a screening requirement that they were proposing. Um since then the developer has applied for a plan development and within that planned development there are two components to it. So the first one is a development plan proposing reszoning. So they're going to be dividing the tracks by two separate tracks as displayed in the exhibit. Track one is currently S of3 and LI and that will be reszoned to all of it being LI. For track two, they're proposing to have all that tract be community commercial and essentially all of the Falcon Industrial business is going to be LI. They also own track 2 and if they ever decided to sell that off, all of it it's going to be community commercial. And so that's why we wanted to divide it to where we have straight zoning in one entire parcel for what the property that they current own and then the other one if they ever sell off. Um just because that was previously discussed in other public hearings where it was a little bit confusing and so we just wanted to make sure that we clarified that as much as possible. Um, part of the PDE that they're also requesting is a variance in order to financially be able to relocate the drive. As a reminder, this previously came before as well. And we had a public hearing where a lot of the

residents in Spring Creek HOA as well as some Mariposa residents were not too happy that the drive was going to come off of Spring Hollow Drive. And so since then, the developer Walker, the president, Alex, and city staff have been working to try to see if we can come up with some other options. And essentially after further discussion, it was agreed that the developer was going to try to seek a drive off of West or East Mroy. And so with that, they needed to obtain property so that that could be achievable. And so they've been in negotiations with the adjacent property and essentially have decided that they are okay with land swapping property. And so part of this is also getting some of that property from that neighbor, reszoning that to LI because it's currently heavy industrial. Um, and then also in the next item, you'll be seeing that they're also going to be donating some property to the HOA, which I'll go a little bit more in depth about, but I just kind of wanted to give y'all some of the scenario as to what some of those discussions have been. Um, in addition, we did request that the HOA pull the residents that abut that property because they would be the ones who have more of an impact if that screening is not there. And so I have placed an attachment with some signatures of some of those residents that are in favor of that. 16 of the residents did say yes that they were okay with that and other residences were not available to say yes

or no and so the HOA president is here and I'll introduce him so that he can speak on the item as well as the developer. Um but I just wanted to provide some of that information with that. Does anyone have any questions? I do. Um so you mentioned that 16. Okay. So, we're talking about the line of single family homes that looks like it starts at 280 and goes down to like 138 or something. 136.

Yeah. So, the people that are on the left side, 16 of those took the time to sign it and say yes. And then how many were not available and how many said no? Yes. Um I know. I just wanted numbers to compare. Yes. Alex, do you know how many are totally No, I would estimate there's I tried to count um I think there's more 30 homes on the west side of Springish homes.

Understood. Okay. So, of the about 30 homes around a little bit more than 50% responded. Yes, it looked like about 28 to 30 possibly. Okay, got it. My eyes serve me, right? Okay. And some of those didn't weren't available or didn't answer additional ones. So, okay, I understand. Okay. No one responded. Yeah. From what I understand in that poll, no. Got it. Okay. Um, we did send everyone a notification that was within the 200 ft um as well. And then anyone who was signed up for public hearings was also just notified in addition. Okay.

Did you receive any responses in the 200? No. No. Um we did have some responses from the previous um time that we had this before you. Um and then as well as he sent a couple of follow-ups once he spoke to the HOA president. And so I think now he was one of the ones who were in support. But I know we do have a response letter from someone in the audience to speak on it. Okay. All righty. Um does Yep.

Another in addition in your packet you have two. So we have the Mr. Hannah, which was the gentleman who spoke to the HOA president, um, and kind of got some clarification. And then we received one from Mr. Luciano Selenus and Yolanda Svantes who were opposed and they said, "We can't see the sun coming through. Any more foundation problems? Walk first time. Come off the walls. walk fix something. It's a little bit

Yeah. Yeah. We'll I'll read that off during the public hearing portion. Um do you have any questions for city staff? Yes, we do. Um last night there was a misunderstanding perhaps that Mr. Hardy, can you speak into the mic so that we can pick up your question? Last month there was perhaps a misunderstanding but there was an implication that uh these properties were going to get converted to heavy industrial. Now reading through the packet looking at the map it's going to light industrial or community commercial

for this application. Yes. We have a subsequent application after this that has some heavy industrial with it but that's a different application. So currently this application it's just li and then community commercial and the subsequent application should not be considered. Yeah we have to yeah we can only talk right now about this application. Yeah. Did that answer that sir? Did you have any follow-up questions? Partly I guess I got to wait till the next application.

Okay. All right. Does anyone else have any statements or questions for city staff before I open it up for a public hearing? Okay. Then I am going to open up this item for a public hearing at 6:18 p.m. And it looks like I have one reply form to read off. Then I have another person uh and anyone else that would like to speak. So, it looks like Lucy uh two residents, Luciano Selenus and Yolanda Cervantes, um they are opposed to the item. And it says, "We can't see the sun coming through anymore. Foundation problem. Walk fixtures come off the walls." Okay. Then I have it looks like um is Mr. Gent in the audience this evening? Gent, excuse me, if if you wouldn't mind coming up and um speaking.

Okay. And if you'll just say your name and where you're from, please. Yeah, I'm Alan Jent from Spring Hollow Drive. But uh the one question I still have to continue is to ask is why is it so important to have the traffic from the facility enter and exit onto Mroy Boulevard or Spring Hollow Drive instead of mention road? Mr. Jen, can you please speak in the mic? Yes, I'm sorry.

Thank you. So, has there ever been a traffic study performed to determine just how much the traffic increase in traffic is going to have on the Spring Creek in Aberly Spring Hollow Apartments or on on an already congested Mcllori Boulevard, especially when there is a train going through at any of the tracks blocking traffic often for well over 20 minutes and on occasion untold hours. I've had it sitting there for hours when they broke they broke down several times. So says, "I can tell you from experience that I've noticed that semi-truck traffic when the Miller Milling Company went into business and the truck deliveries to the site often have to block the drive MW Boulevard as they pull out so that they can back into the loading docks onto the Milling Miller Company headquarters." Says, "So what happens when there's a train blocking the trap?" Mroy Boulevard trucks traversing through cars stopped on the train tracks and the traffic lights on the second on main are streets and then we have more traffic added onto the main from the facility no consideration was given to we the homeowners from Spring Creek. So as I al also call into question the objection of BNSF and or the fellow facilities from delaying what is not feasible to move the extendance to Minton Road. On the last meeting I attended one of the objections was that the road at Minton Road meet at a curve making crossing possibly dangerous. I will point out that you have here that Mroy Boulevard also meets much more heavily traveled road at the railroad and a curve with seemingly no issue. So says when men road would cross the railroad that particular structure of the road

rail is actually an offshoot not a main line. There's rarely any time in the 14 years I've lived here that I've ever seen a rail or an entire train go through there. It's always either about four or five locomotives and possibly a few rail cars. There's never any major traffic. So, I don't see the objection to having the railroad crossing installed on Minton Road. It just makes no sense.

I guess one of I don't want to stop you from from talking. I want you to finish it. But one thing I would just note is that if the railroads are using that as a um spur to to move engines that they are using that sometimes to to park things while other while Amtrak while longer trains pass by. And so that might actually block them into that property for a long period of time. Um, if it was on Minton Road if it's not a main thoroughare, it it is a spur kind of thing. Yeah.

Now noted, but if you actually look at the way the railroad track comes down, it's actually a big triangle. It goes all the way down and it goes all the way down to Industrial Boulevard and then joint rejoins the track. Right. It's not a main line at all.

I know. Yeah. It's Yeah. Yep. So, so it's also be being suggested that it could cost up to a million dollars to install a crossing. I did a simple Bing ch search and the average cost of a railroad crossing is about $300,000 all inclusive including construction work, utility routing and railroad crossing itself. At the first meeting, what's the matter? It was suggested that one of the particular participants who was in the railroad business and construction business that it could be as low as 50,000 to 100,000 depending on the site because there's actually probably no utilities nor major traffic going through there anyway. So this need to be reexamined and the cost analysis made public so the council and the meet and the residents. So I'd appreciate that. So

does anyone have any questions for him? Mr. Chairman, I think I can answer two of the questions that I heard. The first one being just in regards to a traffic impact analysis and whether it was conducted, there was a TIA conducted and they were well under the threshold for that intersection and of course the engineer can probably discuss it a little bit more, but um they were clear with that first one. Um, and then your second one I believe was still in regards to just Minton Road. Yeah.

Um, I have the email that was from the BNSF employee and he says, and I quote, "As expected, BNSF will not approve an atgrade crossing to Burlington or Minton. This is a key freight lane that runs north to our alliance facility, and we have been working diligently with local, state, and federal government to close crossings wherever possible. We have closed nearly 7,000 atgrade crossings since 2000 and still have about 25,000 crossings on our network. Um and then they said we would allow a grade separated crossing overpass but the drawbacks the drawbacks there are cost and time to plan and build. I can't get a specific estimate at this stage, but using the Bailey Boswell overpass and proposed heritage trace overpass as comps, an overpass for the DC is likely to cost 15 to 30 million. BNSF will sometimes contribute, but the majority of funds will have to be raised by the city, typically via bonds and grants. Um, and that was from April 28th, 2025. And so that's that's the only correspondence we have in regards to I hope that that provides a little bit more of a detailed answer. Do you have any other questions when it comes to

I'm just curious where they're coming up with that $30 million estimate. I just don't I mean everything I've looked at for an overpass. Well, an overpass. Okay. Yeah. So that that's what I I just wanted y'all to not be confused on that. Okay. All right.

Okay. Thank you. that that the just to translate because I sometimes I can uh translate corporate speak. Um they are trying to reduce any crossings right now for safety reasons for also for just speed and efficiency reasons. They've closed 7,000 since the date mentioned, but they still have 25,000 crossings. And with that being such an important spur to one of their big hubs, um they're not looking at adding crossings at the moment. So they said the only option would be an overpass, which

even though they would partner with us on would still be a significant fund. Um I just wanted to kind of translate that. One extra question I was going to have and I forget I didn't get to print it out but uh is there a possibility since we're going to have the traffic in there in the anyway to make it so that they have a permanent right turn coming off of their property onto Moroy Boulevard and not turn left because when they have a the reason why I'm asking

is because I don't know if you've ever been down that road and had to travel as much as I have and as many as probably many of the residents have when you have trucks especially coming off of Miller Milling Company and plus coming off of the main streets and plus going up and down Mory Boulevard as they do every day anyway, you're going to have all that increased traffic and plus if you have trains and you have the red light then I mean it's already a nightmare when they have trains backed up. I mean I've seen cars backed up all the way past the apartments, the Aber apartments back in there. So, and it's just

so I don't know if it is PNZ's role to manage um traffic and turning type things. That might be something that you speak to city council about. My only um thing would be, you know, um that might might be kind of a ownorous uh requirement, but that's I don't think that that's even in our purview. Am I correct? It's not going to be in your purview because that portion of the lot isn't really in consideration today. Okay. What we're discussing is just the zoning.

The land Yeah. The land swap part. Yeah. I look I because even outside of my role on this committee I talk to city staff a lot about a lot of different things from um you know the the new shop sagen program to missing recycling lids. They're they're pretty responsive. Um and especially sometimes you know we're a small city still you can go in person to some of these places to maybe discuss that that change or some other thing that can be worked out with the business owner. Mr. Jen,

I will let just DRC know about that. We're still going to review their syllables because we weren't able to approve them until this was gone through. Um, I'll ask our fire marshall and see if that's something that maybe we can just request within the civil portion of it. Um, but I don't 100% know whether that would be something that's safe, but I can guarantee you I can ask you and then email you in regards to the response. Yes, sir. Thank you. All right. Do we have anyone else um from the audience that wants to speak on this item? I believe we do have the applicant present. If we want to call them up while the hearing is open, we can. And then that way if there's follow-up questions from the audience based on what they say, we already have the hearing open.

Sure. All right. Can we have the applicant join us, please?

Howdy. Hey, if you can say your name and where you're from, please. Yep. Um, Walker White and I'm a representative of Falcon Commercial Development, who's the developer of the site. Um, what would you like us to know about the item before us?

So, I think, um, Susie did a great job of kind of adding some context for this request. It all kind of stems back to we did not control land that allowed us to tie into MC Mick Leroy at the time we got the project permitted. Um once we broke ground obviously we had conversations with the HOA city staff um to try to figure out if there was a solution because obviously it's not good for anybody involved to tie into a neighborhood street. Um and at that point we started having discussions. Um city council put together a task force that included some city staff um HOA members as well as ourselves. This is the originally designed driveway as you can see on the screen that ties into Spring Hollow. Um and then if you go to the next slide, Susie, thank you. So, in order to relocate the drive to tie into MC Leroy, um over the last year, we've worked hard with all the parties involved. Um including the additional party, commercial metal forming, because it requires us to own land fronting Mclyroy, that way we can put a driveway on it. So, in order for us to own that land, what we've negotiated with uh the neighbor is a land swap. Part of that land swap requires us to improve that area in green that you can see on the screen. That's roughly an acre

because in order for them to be okay with a land swap, they need the land to operate their business because we're taking from them about half an acre. So our suggestion was, hey, we can improve this land that's currently ours, give it to you if you're willing to swap us the land in the orange. That way we can tie it directly into MCRY. We like Susie alluded to and shared, we um we explored a lot of different options. Well, we explored a few different options. Um some of them being crossing BNSF, whether to Burlington or Minton, and it was basically dead on arrival from BNSF's perspective because of what Susie had shared. So, we understand this isn't, you know, a dream scenario, but we feel like it's much better to get our driveway tying directly into Mc Leroy as opposed to um Spring Hollow. Um the fence variance portion of this application is so that we can use those funds to make the improvements mostly to the land that we will be giving to the neighbor to use. Um because all those funds for the screen fence will be applied to filling that site. We have to grade it and then we have to cap it to deliver land that is improved to the same spec that they are currently using on site for their outside storage and stuff like that. So, um,

yeah. And so that storage that is currently in the orange is actually being moved out of sight behind the property or will be moved and the driveway that was going to come out on a neighborhood street originally is now going to come out on Mroy.

Yeah, that's correct. We will we will own everything in the orange. And you know that triangular piece that kind of almost touches Spring Hollow and is right adjacent to Meroy today that is heavy industrial will no longer be heavy industrial. Everything east of our driveway and west of Spring Hollow will be community commercial. Um per this zoning. I know that it was mentioned, but just for everybody's education, the area in green is the only area that will be that is being considered for heavy industrial. Correct. Only to reszone so that they can use it as they're already using the area in orange, which

and to your knowledge that land in green is going to be used for storage. I I mean, I can only I don't know exactly my correct. Yeah, but that's what they that's what they're using that land for that operation. So I think that's the intent. Yes. So in our mind it kind of helps move that area further away from the neighborhood and the road.

Um as well as the main point that's been the main focus of this project over the last year is trying to realign this driveway for the benefit of the neighborhood, community, and city. All right. Does anybody on the commission have any questions for him? Is that the only the green is that the only property that is under consideration for heavy industrial? Yes sir. None of the warehouses I it this is going to determine how I vote. Yes.

Yes. Some of the warehouses are going to be converted to heavy industrial. No. So I think and I think the last page shows the zoning. Um you have Oh, I'm sorry. So this you can see um basically everything with the building outlined with the new realigned driveway. The intent is for all of that to be light industrial. The area between our driveway and Spring Hollow will be community commercial. We've in our minds kind of protected that area for the community. And then everything south that was green is the only item that will be heavy industrial. And then everything

Sorry, Mr. Chairman. Just as a reminder, we're not taking that into consideration at all. So, you cannot consider that at all when you're making a vote on this item. Right now, we're currently only looking at tracks one, which will be all LI, and tracks two, which will be all community commercial. Yeah, thank you. Okay, so um I personally I does any Yeah. Do you have anything else to share with us about this? Uh nope. Unless anybody has any other questions, I'm happy to answer them. Sorry. Um, could you add say a little bit more about the development that you said you would do to give back to the HOA?

Don't know if that's on the is that on this one or on the next that'll be in the next one as well. So, we'll go a little bit more in depth in regards to that. But I would like if the HOA president could come and discuss just what the sentiments of the HOA are for this. I think that would also assist in just understanding some of the background. Got it. Thank you, sir. Thank you. Hello. Howdy. If you could just tell us your name and where you're from, please.

Yes. My name is Alex Coste and I'm the president of the HA of Spring Creek. So, kind of to give you the background, Walker did a good job on it. We obviously were not happy with what was happening. Um, looking at traffic studies and the project that was approved in the past, we went to a lot of city councils trying to fight the project. Um, the fact is that the project was already approved by the city and there was no way of stopping it. Walker did a great job at trying to find a common ground and a solution that would work for everybody. The goal was to keep trucks away from the streets to keep the kids safe, which was the main concern we had. So we looked at crossing the railroad which did not work the way we intended it to. So we ended up finding that solution that we've worked on for almost a year now to get the best situation possible. While it's not ideal uh we worked on a few things where is that okay if I address the side things that are not part of this?

Yes, just briefly. Okay. So the developer agreed to give some land to the HOA as well. uh to pour a concrete pad that would be used for recreational use, for pickle ball and basketball use. And then the driveway being moved obviously was the main piece of what we've been working through. The only way to make it work is to resone parts of the parcels. So after long discussions and a lot of meetings, we decided to as an HAB in support of the project, we try to reach to as many residents as possible. Not everybody's happy about the situation, not including ourselves. It's not perfect, but it seems like this is the most viable solution at this time. So,

yeah, we do have a letter or two that we wrote uh myself and then the two other board members that I have with me if you want to see it kind of outlining everything I just said.

Yeah, I'm on my neighborhood's HOA. Um, I just got elected uh for another 2-year term, and I can tell you how um difficult it is sometimes to get people involved and to um even get a um feeling on things from from residents because everybody's busy and lives their own lives. Um I'm sure all your neighbors do appreciate you working on this. And um like was stated before, you know, the developer didn't have to uh do this. And if this is denied, the traffic will go out onto Spring Hollow. If I'm not if I'm reading this correctly, that is correct.

Um and the HOA um which we're not talking about right now, but the other things will not happen. Um and the community commercial plot will be bisected with a driveway, which will almost certainly leave it um not desirable for a future community commercial development. Um, so lot just many many dominoes involved in this. Yeah. Um, does anybody on the commission have any questions for the HOA president about this this particular part of the land swap? Do you have um just roughly how many residents were in support of this?

So we only asked percentage. Oh, well on this part of the project, we only asked the people who live on Spring Hollow that are directly against uh the warehouse. We had 16 yes, and then the rest of the people did not answer. And then from what we saw, y'all received two nos, I guess, but those we did not hear from ourselves. Okay. Thank you. Mhm. Okay. So, you had mentioned a letter that had been written by the HOA or by some of the board members. If you can pull that up, we are h that can be read into the record. Um you're not you don't need to. It's totally up to you. But if you hear Yes. Um Oh, see if this is printed. Commissioner, if you don't mind.

No. No. Yeah. Submit it. That way we can do it as part of the public hearing. Correct. That y is and I'll read I'll read it into the record. Yes, please. Okay. For sure. Sorry along. I hate to make you go long. So there are two letters there. One of them is an email that went out to every resident in the HOA informing them about what's happening and what we're working on and what the plan is. That was sent in November of this year. And then the second letter was written by the board members to um show our support for this project. Let's just read the second one. Correct. Yeah. Thank you very much. You're welcome. And may I have this copy? Of course, but we're going to keep it in the record. Thank you.

All righty. November one. Well, actually, we're only going to So, a notice was sent November 11th to the residents of Spring Creek and then upon the notice being disseminated by the residents, a letter was drafted and it looks like um the HOA board signed on to it. Um multiple members of the HOA board, which is dated December 3rd. Um this is addressed to the city of Sageno planning and zoning commission and the city council um letter of support for Falcon commercial development reszoning and variances aka Sagena project to the honorable members of the PNZ commission and city council. The Spring Creek Homeowners Association board of directors representing the residents of Spring Creek neighborhood is writing this letter to formally express our strong support for the proposed development and associated municipal requests put forward by Falcon Commercial Development for their Sageno project. We have been engaged in a collaborative and productive discussion with Falcon Commercial Development regarding this project's impact and are aligned on the proposed compromise and addresses key concerns while facilitating the developer needs. Specifically, the Spring Creek HOA fully supports the following initiatives. Number one, reszoning and land matters. We support the proposed reszoning of the properties as this action will facilitate the agreed upon land swap and the crucial relocation of the driveway. We support the process of separating the single family land into its own lot which will simplify the transfer of this acreage to the HOA for its neighborhood use. Number two, driveway and access. We support the proposed relocation of the development's primary driveway to the Mroy entrance, which is a preferred alternative to connect to connecting directly to Spring Hollow. We understand

and support the necessary variance that this new driveway location will require due to spacing requirements from Spring Hollow. Number three, fence variance and neighborhood screening. We support the request for a variance to eliminate the requirement for an additional fence between the Falcon project and the Spring Creek neighborhood. We acknowledge that the cost savings realized from not constructing this redundant fence will be reinvested into improving the land being swapped with the adjacent metal manufacturing neighbor. In exchange for this variance, Falcon Commercial Development has agreed to install approximately 350 ft of fencing along the perimeter of the neighborhood park area. This dedicated screening will provide a necessary visual and physical barrier between our park and the development's parking area, significantly enhancing the community's quality of life. The Spring Creek HOA views this comprehensive plan as a mutually beneficial outcome achieved through excellent collaboration with Falcon Commercial Development. We believe this compromise provides increased security and enhanced recreational land use for our residents. We urge the commission and city council to approve the necessary reasonzoning and variances to allow this preferred plan to move forward efficiently. Sincerely the board of directors, Spring Creek Homeowners Association. It is signed by not only Alexandre Costate, so sorry if I'm not pronouncing this right, um, Spring Creek HOA president, Alicia Jimenez Canana, Spring Creek HOA treasurer, and Nurmal Matamarin, Spring Creek HOA secretary. And if anybody on the commission wants to see this or read this, um, I can pass

it around. So, um, okay. Um, so really quick, because we're still on an open meeting, does anybody else want to say anything? Sorry, I did forget to clarify that, um, the letter mentioned that it would be an additional fence. There currently exists a screen wall on top of a burm behind these houses that separates the neighborhood from our project. So, this screen fence that we're asking to not build, it would be on the opposite side of that wall and would sit below the elevation of that screen wall. So, it would not be screening anything. As much as I appreciate you clarifying that, I think that's the next item.

Oh, okay. But, um, it is part of this. Yes. Okay. Thank you for Okay, I'm getting the HOA land and a couple of things mixed up. A lot going on. I understand. Got it. Um, but yeah, I thought that was an important clarification. Okay. So, can can somebody point to with like a with a the cursor to where the where the fence is going to be, I guess on along doesn't do TVs. Oh, it doesn't do TVs. Um, yeah. Yeah. Along the back side of the houses. Got it. But there's like a burm.

But yeah, there's basically from any of those homes back property line. Yep. To our property line is I don't know the dimension. I think it's like roughly 120 ft. In the middle of that there's a burm with a screen wall on top of that. So it would sit the burm and screen wall would sit well above the fence because the elevation is such that our project is much lower to start with. We don't have a burm and it would be a sixft fence. Understood. So okay. Thank you. Do you have any more questions about that?

Yeah, that's so I wanted to ask about that because I did see that here but then the letter said um so because the developer is requesting to not do that. So how does that I mean the uh chairman of the HOA is here. Are they aware of the has it been discussed now to say well we're not going to do that since this is already there because they know that it's there. um the ask for plans still as part of the stations.

Yes. So, they're very aware. We we've been working very closely with the HOA um and some neighbors for the last year. And basically, as I stated earlier, the reason that we're asking for the variance is not just so we don't have to build a fence. We need those funds that are currently allocated for the fence to improve the land that we are then giving to the other neighbor as part of that land swap agreement. Yeah, cuz otherwise that neighbor would not give us the land that would allow us to tie into Mc Leroy cuz that land is like a flood plane or something right now. It's and it's not flat and there's like brush on it. So you you're flattening it and bringing it up.

Yeah, we have to bring it up quite a bit to match the existing grade of that yard. I also read that the fencing, the additional fencing I guess that they had referred to in there is going to be uh around this park area. That's what I understood. Yeah. So I think this future park area.

So that is an agreement. the the fence referenced in that letter is an agreement I think separate from this conversation where we have agreed to um tie in roughly 350 ft of fence once we decide where the pickle ball pad will go and all of that stuff at a later date um to build some fence that we think is more efficient at screening. Um, but the idea being that we would not build fence the all the other fence, but we would build 350 ft of fence that would tie into their fence to better screen the area that they want screened.

Okay. Do you have any more questions?

So, Mr. Chairman, I just wanted to clarify um what we're going to be voting on and what your options are. Um, so within a PD, the options for that is that you can add extra language um to see if you want to deviate from the city code, right? And so their request for that deviation would be to deviate from that screening requirement. And their argument there is that they're they have a burm that has a wall already there. And since it would be lower, it's, you know, redundant in a way. And because that would cost a lot of money, they would rather have that those funds go into the other property to um see if they could do the land swap in that way. If not, they wouldn't be able to feasibly afford the relocation. Correct. Um, so that would just be part of the language within the PD. The other component of the PD would be the development plan, which is that other exhibit that Lisa is going to be putting up, which is that depiction of tract one being LI and track two being community commercial. And those are the only parcels that would be part of the PD before you. So if y'all wanted to add any other language y'all could and or if y'all wanted to do it as presented either approve or deny those are the three options that you would have.

Got it or table but all right so uh if anybody else from the audience doesn't want to or doesn't want to speak on this item uh I am going to actually close this public hearing at yes please. Yeah. And we also have one over here as well. Okay sure. Sorry, I just want to add one thing. The extra fencing that we're talking about on the side would actually tie in on that area that was pointed out with the cursor.

The current fence we have does not screen every house. The last three houses of the row are not screened currently. So the goal would be to tie into the existing fence to screen those neighbors as well. And then the question we have is do we go towards the warehouse after or keep going straight based on the future work out with them. Got it. Correct. But I want to make sure you know every house is will be screened. Yeah. And that those three houses that would have been the developer of Spring Creek that didn't do the fence curved correctly that has nothing to do with Falcon. Correct. Got it. So they're coming in and fixing an issue that is existing but that isn't made it it's not changed by them.

Correct. So the goal would be to make sure everybody's screen pretty much.

Mr. determined the ordinance currently as written includes the entire property line abuing the residential. So I would just in your motion change it to where we're change amending the ordinance to fit what they currently said in regards to that portion of those homes. So, we'll fix the ordinance if y'all request that, which I would recommend. Um, if y'all decide to go with that because currently the way it reads, it's the entire property does not have to be screened, but it sounds like some of the property needs to still be screened. So, we'll just need to amend it to match that. I guess I would just ask like if this is something that the the HOA I mean the HOA president is stating that this is something that they've been talking with Falcon commercial development about like

it would just why do we need to get involved with that? Because it's a part of the ordinance. The ordinance is requesting for an entire deviation of the entire thing. Okay. So, in order to have that legally binding would need to be amended to fit what they're wanting to do to include those three addresses at the end. Okay. Got it. All right. And I believe we still had another resident. I'm keep track. Well, he's walking up. I'll say. So, what this is really playing with, it's essentially making a contract where the city would be enforcing it by writing tickets. And it really has to do with this fence, right? Yeah,

you have this property swap, but this fence is playing a really big part in it without the city getting involved and passing, you know, an ordinance today and having council approve it. There's no contractual reason that Falcon needs to be doing anything. Um, so this is allowing them to do what they want, allowing the HOA to get what they've agreed to want at this. Got it. And creating a sort of a paper record. Got it. It's a record and it it gives an enforcement mechanism for the city.

Okay. Got it, Mr. Kent. Yes, being indulged a little bit. I could now that I have the HOA president and the developer together. One thing that I have a issue with is right now there's a big hole in the wall behind 208 Spring Hollow Drive that one of their construction vehicles, I believe. I have no proof, but it was that hole was never there before the developers got there, but there's a big hole in the wall behind 208 Springh Hall Drive between my house and Mr. Hannah's that uh I would like to see if there's some way that can be repaired. So, but because I believe one of your construction vehicles did I'm not positive but so so we can this is not

I understand this is not the quorum but the only reason why I was asking is because they're together right now have an audience so you can ask but yes this isn't for the council to consider the commission I appreciate it thank you

okay all righty I am going to close the public hearing portion uh on item 3B be at 6:54 p.m. And uh now it is going to be discussed amongst the council. It it sounds to me that uh this has been um almost exhaustively like talked about and agreed upon by most of the parties involved. Again, out of like the 28 to 30 addresses along Spring Hollow Drive, 16 people took the time, 16 homeowners took the time to sign it and say yes. Um, zero homeowners along that part took the time to to sign it to say no. We did have about 10 that didn't say anything. And although there are some uh you know concerns of people in the neighborhood, um they're they're not really around what we're considering um on this. Um and I feel like, you know, if this item is denied, all the traffic is going to be shoved onto Spring Hollow Drive because I mean the the land owner and the developer that they owned that land before And that's originally how it was going to go. Um, you know, I I don't know if anybody from the city can shed light on this, but um I believe that land was zoned light industrial before the the houses ever came or were changed to single family. Um, that whole area

was was light industrial. Um, so yeah, it does appear that in y'all's original zoning, um, industrial was put in and then residential was put in right next to industrial, right? Which is kind of why we're having this issue now, right? Yeah. Yeah. And I mean, I've lived here 15 years. There was like a sign up that was like, you know, build your warehouse here, you know, like for 15 years on on Macroy. um you know so yeah uh that that's my two cents. I'm only one of the commission but that that's kind of what I have to say on this item. So what we're going to be voting on we're going to add verbage Mr. Jolie

correct according to this Yeah.

Can you repeat that question into the mic please? So, we as a group are going to be adding on to the verbiage of of the uh 3B 3A um if approved. If approved, the city staff has recommended that we add um a line in there about the final three lots at the north end of Spring Hollow Drive. Um that that curved portion of fencing is addressed by the developer. um that is what city staff has uh advised us to add. If we do nothing, that language doesn't need to be added in. And if we deny it, that language doesn't need to be added in. But if we approve it, the city staff is recommending that we do that just to give everybody a CYA kind of thing.

I guess my question is, don't we say that's what we are saying yay or nay to the additional portion? Uh I well because that that's not a that's not an item. 3 3B isn't an item or excuse me 3B is the item, not that whole curved fence thing that was just brought up. That is part of the item within the ordinance because it says the length of the property's fencing. That's why that is being added in. Hold on, let me just clarify this staff. The PD as written does handle the fencing issue. Correct. Yes, there is a deviation for the screening,

right? So that is already in the ordinance. So if you are okay with the fencing being addressed by taking care of those last three houses, your motion will just be to approve the PD, you won't need to add any additional language. If for some reason you want to exclude that additional portion about the the three houses, you would need to accommodate that in your motion. Yeah. Okay. But but the current motion if you just want to approve this PD as presented um and with the inclusion as presented with the three houses, you would just move to approve this ordinance. Great. Okay, great. Thank you for clarifying that cuz I just felt like it was like Yeah. It's like adding another layer onto this thing. He was a little bit late.

Yeah. Yeah. Yeah. But it was already for sure. Okay. So, um Yeah. Anybody? Just an FYI, um, and I kind of got involved in this about six months ago before I became a board member here, uh, adding on to my house, um, a carport. It was represented back then that there was only one point method of ingress and egress in this community. There are two and that show. Yes, there is a back now. There is a um a back area that is connected. Yeah, correct. Yeah,

it's I'm just saying that just forformational. No, no, no. Thank you for doing that. Uh for sure. Yeah, cuz that was a different phase in Spring Hollow. So, what the gentleman on the chairman is just letting everybody on the commission know Spring Hollow onto Mroy is not the only entrance exit for the neighborhood. Yeah. Okay. actually both of them go on both entrances because one's on the other end of the apartment. There's one that if you ever look at the actual the neighborhood the spring when you actually come across I don't know what the name of that road is but it actually goes across to where the industrial road comes out from terrace. So Creek Terrace. Yeah. Okay.

Yeah. But that's the only other entrance but it's on the other opposite side of the apartments. So, right. Okay. Yep. Thank you. Okay. Um, anybody else have anything to state or do I have a motion? You have a motion to accept it. Um, hold on. John, you're an alternate today. I think in the past I've let you make motions because we have a full council or a full commission today. I'm going to apologize. I'm going to have you not make the motion. if we can have one of the seated members.

So just I know this was sorry just I know this was mentioned before um but just to be clear this particular one as if we approve it it includes those three houses the fencing it includes the whole length of the fence already in there. Yes. But if yall were decide to change that language we would just change it to have that inclusion of those three houses. Okay. Mr. Chairman, I'd like to make a motion that 3B be passed with presentation with the language change variance mentioned by the city staff. Second that. Repeat that motion for me, please.

That I'd like to have 3B approved as presented with the addition of the language about the three houses confirmed as recommended by city staff. Okay. So we don't need to add the language because the language is already included in the PD. Correct. That portion is not this but the three houses are not. No. Yes. The city is recommending that. Okay. Yes. The entire thing is I misunderstood earlier that and I misled you. You are correct. Making your motion again please. Okay. Good. So her motion's live. Just say the exact same thing again. Again. Three times. Okay. Third time's a charm.

Mr. Chairman, I would like to recommend that 3B be passed as presented with the additional language about the three houses on the north side's fencing as recommended by city staff. Okay. Do I have a second? I second motion. All righty. All in favor? We're going to vote. Just went. There it is. Battery dies all the time on this thing. Then we're missing a couple of votes. So, if everyone could make sure that you can click on your screen and cast your vote. One of the screens like died and it came back on. So, I don't know if maybe there's a lag

to do it.

All righty. And the motion passes. Okay. Now, we're going to go to uh what everyone's been waiting for, 3C consideration and action regarding a reszoning request for some portions of the property located at 112 Spring Hollow Drive from light industrial to single family 3 and from community commercial to heavy industrial hi.

Yes, Mr. Chairman. Good afternoon. Uh this item is in relation to the straight zoning changes. One for the land that would be swapped between Falcon Development to uh start manufacturing which is the property crosshatch that you see in the exhibit above. Uh 304 East Mroy or Star Manufacturing has been historically zoned as heavy industrial. As part of that intended agreement for the land swaps, they would be getting the property that is cross-hatched and to continue to be able to continue to operate as a heavy industrial business, which they have been historically, this property would need to be reszoned from community commercial to heavy industrial. The other portion of the agreement in terms of land swapping and donations is the second exhibit north to the property. overall that would be a portion of the land that's getting donated to the HOA. It is currently zoned as light industrial and to be able to comply with the rest of the use of the property that's getting donated, it will need to be reszoned to single family. This is the area where um the rest of the recreational activities would be installed. I would let the applicants speak a little bit more de in detail in regards to what all would be uh in there, but at this point I'm open to any questions in regards to those straight zoning changes.

You said three zoning changes. I see two. Two, sorry. Okay, got it. Sorry. So, this first one and then Yep.

and then the triangle of wedge of land at the north end of the development. Okay. All right. Does anyone have any questions for city staff or can I open this for a public hearing? All right. I'm going to open this up for a public hearing for item 3C at 7:06 p.m. All righty. Uh, does anybody in the audience want to speak on this or do uh can we have the developer come shed any light? I I know we kind of already know about the community commercial. It's a heavy industrial piece of land. Um about the the wedge of land at the north end or does anybody in the audience want to speak on this? If not, then we can close the public hearing. And

Mr. Chairman, um again, these were brought up on the item prior, but we do have reply forms as well. I believe the last one that we got from Paul. I read this one. So So it's Okay. Do I need to read it again because it's the same? I'll read it again. Okay. So, we do have one reply form on this item. Yeah. Sorry. I This might be my fault. Did we officially open the public hearing with the time? Mhm. Yes. Yep. Thank you.

Yep. At 7:06 p.m. Yep. And I I have uh it's just copied from it was also on 3B. Um it's from Luciano Selenus and Yolanda Cervantes. They are opposed. And their uh statement says, "We can't see the sun coming through anymore. Foundation problems. Walk fixtures come off the walls." The other one should be a poll. Um, I'm so sorry I'm going to butcher the last name first.

I I'm more than willing to read anything, but I only have one letter in my packet. Unless Hold on. I have a second packet up here. Maybe this was the additions. It would have been included as an extra attachment. Yeah. Yeah. Yeah. Um, loot ink. We received that.

This is why I got to check all three packets next time. after. Apologies, guys. Okay, so I do have another letter. It's from Paul Chicowski, who's a homeowner at 133 Spring Hollow Drive in Sagena. They are opposed. It's the reasoning is that in Texas, heavy industrial in quotation marks zoning refers to areas designated for intense industrial and manufacturing activities that may be noxious or offensive due to significant noise, odor, smoke, dust, fumes, or vibrations. These districts are typically situated away from residential and commercial areas with specific regulations to mitigate their impact on adjacent properties. And I also have Nope. This is for the next item. Yeah,

Mr. Chman, we did have one from Mr. Hannah as well. Is Mr. Hannah the gentleman who was here last time? Yes. Yeah. Let's make sure it gets red. It wouldn't be a I might need it again. I'm sorry, guys. I'm looking at all these packets. Big one this time. Yeah. Oh, okay. All righty. Oh, you know what? It's on the back side. I'm sorry, Susie.

All righty. Okay. It states, oh, this is the letter. Okay, got it. I think he kept it under three minutes. Okay. Planning and zoning. Uh that's addressed to us at he lives at 204 Spring Hollow. Uh gentlemen, Mr. Hannah has read abundant correspondence concerning the Falcon development to the rear of Spring Hollow Drive. You well know the roadway Macroy is inadequate for the number of trucks which will be flocking to the new warehouse with more bays and loading docks than Mr. Hannah can count. Last night 2:00 a.m. commercial metal forming was busy with its metal forging equipment. And with heavy industrial zoning being moved to Falcon's interior, it will only get worse. Storage of their supplies, chemicals, etc. is only the beginning. They will have the perfect right to expand actual manufacturing to the interior right behind the residences and will likely do so in the future. Yes, it's a bad situation, but the residents in the HOA have spoken. Having read voluminous correspondence, it is apparent that they believe Heavy Industrial to be the lesser of two evils, and so it will be approved by PNZ. As of this day, please be advised that Mr. Hannah is pulling out of the debate. All of the correspondence he has read indicates that the project will move forward largely according to the desires of Falcon with tacet approval of residents and HOA. Mr. Hannah will leave you with one last thought and he doesn't think it will go beyond the thought stage. The city has shown a reckless disregard for residential communities along this stretch of Mroy. Traffic is destined to increase by leaps and bounds. Even if by imminent domain, Mroy should be widened in all due haste. Mr. Hannah need not expound more on this

particular aspect because PNZ and public works are well aware of the nasty traffic and public safety problems to come. Yours truly, David Hannah 11:1525. Okay. All righty. Does anyone in the audience want to speak while we have the public hearing open uh on this item? All righty. So, I am going to close the public hearing for item 3C at 7:12 p.m. All righty. Now, it's open for discussion amongst the commission. Um I again I'm only one person on it. I feel uh I feel bad for some of the neighbors that are confused as to what's going on around them. That being said, as was mentioned before, um the land that their house sits on was zoned industrial before it was zoned single family um residences. And no, you know, we live in a free country. Um, everybody knows where their real estate agent takes them and where they sign gobs and gobs of paper to buy a house. Um, I sure did. The both of the houses that I've bought, um, I went there at daytime. I went there at nighttime. I went there on weekends to see what was going on around where I was buying a house. And, um, you know, Mroy uh, is being talked about being expanded. In fact, there's been two public meetings that I personally have been at in the last two months um because there's five phases being talked about and um I think several of them are going to be coming up on a future bond election. Um but we can't you know we're not considering that I guess as part of

this because none of this even touches Murray. Um but just wanted to state that. So,

I'd like I'd like to say a little bit on this. I think this is the lesser of any that could be there. Um, the land swap moves the uh heavy industrial away from Spring Hall and consolidates it better with the rest of the property. I'm a resident of Spring Hall and I drive that daily. Um, Commissioner, where in Spring Hollow do you live? On the other end. Okay.

I live on Spring Drive. Okay. Um, I think this is this is probably the best um that we can can expect from this. And I I agree that going out on the spring hall with that traffic would be dangerous.

Y and a piece of land up at the north end. Um, if city staff could show us that again. um the triangle piece of land up at the north end. I know the heavy industrial is the real interesting part to everybody, but um that there is a piece of land that is going to be reduced in use and um made single family three um so that it can be like a public area uh if I'm not mistaken. So that there's one piece of land that's basically going up in use and another piece of land that's going down in use. Yeah. Can we go into executive session, please? Yeah.

So, do I need to put a time? So, it'll be seven. Oh, I'm going to give you some language to read. Sure. So, um I'm going to make a I'm going to say something you're just going to say here repeating it. under um open meetings act 551071, the council is going or the commission is going to convene uh to consult with the city attorney uh for legal advice and it will be at 7:16 See?

back from executive session at 7:19 p.m. And we are shortly going to have a statement from the city attorney. based on her affiliation and the location of her house. So, we're going to disregard that statement for this item. She is going to formally recuse herself on this item. We are going to continue the discussion, vote on this item, get this one done. Then we are going to go back to the prior item. We are going to have a motion for reconsideration. She is going to remain recused on that item. She did not contribute to the discussion on that item at all. So we don't need to redo the discussion, but we are going to have a motion for reconsideration. We are going to revote on that item with her vote excluded and then that will be the standing vote on this item. So I just want to make clear that's what's happening. The commission understands that's what's happening. We'll guide them through it. I am going to ask you to remove yourself from the dis for after you recuse yourself after um so under conflicts law we would traditionally have an affidavit filed prior to the items being heard because the um conflict became evident during the hearing. We will get the affidavit filed as soon as we can and before we leave here tonight, but I want to make clear what is occurring on this item and that we've acknowledged the conflict. We're addressing it and we are doing our due diligence to make sure that conflict does not affect anything. So, commissioners, everyone understand what is happening?

Yes. Yes. So, all right. Now, I'm going to ask place one if you would formally recuse yourself from this item. Um, and you're welcome. Uh, you can put in the audience, you can sit in the back. It's up to you. Do I recuse myself from both items at one time? Um, if you would recuse yourself from any items pertaining to um, uh, the Spring Hollow Drive. Okay. I I recuse myself from items 3A and 3B and 3 C. Yes, ma'am. uh with regard to spring hall. Perfect. Thank you, ma'am.

Okay. So, all right. And then we are going to redisuss item 3C amongst ourselves. Um like uh my thought on well should I reo should I open up our discussion at a so what I'm going to say is if your discussion will be reopened I will just say you don't need to repeat everything you've already said. We just will disregard any testimony presented by place one. Understood. Got it. And any vote and any consideration going forward, you will disregard anything that place one contributed to the record.

Understood. Okay. So, as far as item 3C is concerned, um, one one property is going up in quotation marks and usage, one is going down. Um, I believe both of the properties are contiguous to their current use. Um, the property that's going up in usage is directly behind an existing business that has been there longer than anything on the north side of that road. Um, and then the the north item that's in the triangle uh is going to it kind of looks from satellite imagery to be like a little park area. Um like a grassy grassy park area uh that's going to be going down in usage. Um put single family 3. um and from the the letters that we've read and the testimony given tonight uh by not only the developer but also um the HOA president. Um you know I think that this is kind of the best situation. So that's my two cents on this item. Anybody else? Yeah, I still um have a bit of concern about the traffic going into Maroy. I know the city is uh judiciously looking at that and uh also the other plans for Meroy that you have mentioned, Mr. Chairman, but I would like to just ask maybe the developer or the city what has been agreed as far as trying to mitigate traffic going into into Maroy because it is already bad as it is. Well,

I guess I don't even know if we can cons we even consider that because none of this land is even touching Mroy. I mean, I know that some of the residents sent us letters talking about that, but it's almost like uh yeah, but right now we're on 3C and 3C can't talk about that to the best of my understanding because it's not actually talking about the macaroy thing. talking about changing the LI to to SF3 and then changing the CC to HI. See if this that's it. Okay. Yeah. So, so is the question can we consider the can we consider the impact of traffic uh from a reasonzoning?

We can, but he said he wanted to hear from either the developer or the city what they're doing to mitigate traffic. I guess my thing is is like that's I mean that's a public road. So although we consider it as part of the pie, it's like yeah, not for what are all the other resident what are all the other businesses on Macy doing to fix the traffic? I mean,

it's not not for a straight reszone like this. You did hear on the previous item that traffic studies have been done, right? um and we're well below the threshold on it. But for a straight resoning like this, you can consider traffic, it's not really their burden to be um fixing this traffic issue. So, and and it does you've also heard um though from the chairman that there are several phases being enacted right now to try to widen this road which should alleviate quite a bit of that traffic. Um that's my contribution more as a staff figure than as uh your attorney. But um they the entire point of this really the prior request was to try to alleviate traffic um by doing that land swap.

Yeah. So um that was really more of an issue on the last request than this request. If you would like to call them up, they can talk about the impact of traffic because it is part of it. But really for a straight reason, it's not really your concern on this. So it's not totally outside of your parameter of consideration, but your issue is more about this zone. So did that answer your question, though? It does. It's there. This uh this whole thing is very hairy. So there's a lot of moving pieces on.

Yeah. But on this 3C, is there any Did you have anything you needed? Okay. On this 3C, I think this is uh the obvious choice we have to make. Mr. Chairman, I'm going to move that 3C be accepted as presented. Okay. Do I have a second? A second.

All right. All in favor? All righty. And it looks like the motion uh passes. Um now we are going to go to item 3B again. Um just because we want to um we want to do another uh vote on it um excluding the uh member that is recusing themselves.

So procedurally we first need a motion for reconsideration item 3E. If we could have a motion on that. Okay. I'm chairman. I can't make motions, right? Yeah. I'd like to make a motion that 3B be reconsidered. All right. Do we have a second? We have a second.

All righty. We're going to vote. All right. And the motion has been uh we're going to reconsider it. And um again, city attorney has told us we do not need to repeat everything that we have said on this. Um so knowing that and knowing that the recused member did not speak uh out loud in discussion, do I have a motion um to to do uh 3B again?

Can I say it four times? You're going to have to one time. Mr. Chairman, I would like to move that 3B be approved as presented with the language according to the three houses on the northern edge about their fencing suggested by city staff. Do that motion. Thank you. All in favor vote. The folks down in Austin watching are going to be proud of us. All right. They're going to go that little they follow the rules there in that sag and all. Yeah.

Thank you everyone for yall's patience that want to make sure we got it right because the council would send it back to us before Austin did. Mr. Chairman, when you're ready, you're welcome to take us to item three. All righty. You can bring Yeah. Okay. Got it. I'll be right back. I got him. Oh, okay.

I thought I thought you were hanging out with the comfy chairs in in the city council room. All right. All righty. Now we're going to move to item 3D, consideration and action regarding a request to amend a change in the Belt Mill Plan development district providing development standards and a development plan for tract 4 located at the northeast corner of East Bailey Boswell Boulevard and Milstone Road. ones. Okay. So, Mr. Chairman, before you we also have a plan development um but this is just an amendment. So this plan development already exists but they are requesting to amend it so that they're amending the development plan that comes with it specifically in regards to the commercial parcel and that is at the corner of Beltill Parkway and Bailey Boswell Road on the left side of the pond. Um there's a depiction of the property within your bucket. So it is their desire to amend the development plan and staff did review the submittal and requested that they reintegrate the walkable design with multiple buildings versus the strip center design that is currently before you. Um, within the extra packet pages that y'all received, I did include the ordinancees that have been approved beforehand, and those depict the development plans

that were previously approved. The third one is the most recent one, but the second one, I think it's ordinance 2021, um, that one is the most recently approved regarding this specific parcel. So, I just wanted to put that on the record. Um, but that'll will allow you to see the differences between the previously adopted and the proposed So, as submitted, the new layout does not meet the original intent for the area and it's not compatible. Original discussions had restaurants looking out towards the detention ponds with other retail to create a walkable mixed use product. We did we were able to find that rendering um although that was never formally approved. Do want to put that on the record. Um that was kind of what was kind of envisioned for the property originally. Um obviously we understand that you know with time some changes can still occur. Um but we just believe that as presented it does not meet the intent of the original design. So with that I'm just going to open up the floor for any questions that y'all may have for staff. And if not I'm going to introduce the engineer for the project.

Yeah. Okay. So with that, if Mr. Klay Christie can come and present on behalf of the applicant.

Good evening, chair, commission, Klay Christie, 3231 Harwood Drive in Bedford. Um we're here presenting today what we're calling the Commons at Belt Mill. Um we've been working with staff to try to come to uh a potential solution here for developing the property um right here along Beltmill um and Bailey Boswell. Um, and so I know we just kind of do this, but just to kind of give us an overall site for those that are familiar with it. Um, so the area in white that's identified the site is what we're proposing right here. Um, there's apartments directly to the rear of us. Um, you have the industrial railroad just to the south of us and then west. Um we have Main Street which is going to um gonna have you know your Walmart uh strip retail and some conventional QSRs that are out along the road right there just to give some surrounding proximity to the northeast. We do have some single family residential that is there. Um if I can get it to go. So this is kind of a blowup of what we have. Um so we've tried to go in and analyze what the existing uses in the surrounding property of what we have. And so one of our anchors to this development would be uh a fitness center. That'd be at the back. Um I can tell you right now currently the tenant for that would be EOS Fitness. Um who is looking to come in who has signed a lease and is ready to go and that is not speculative. Um the strip retail that would have restaurants, mixed use and everything else is going to be uh the the larger building just to the south that would overlook the detention pond that would have um you know different things whether it be um services, retail, restaurants um different things that we could back fill in that. And then more along Bailey Boswell, we have um conventional more type padlock users. Um, just to be clear, all all four of those padlock users at the front right now are figuratively speculative. Um, there's not a signed conventional use

right there. And so, as we kind of proposed just our just recap, we'd have the fitness anchor, uh, restaurant and family dining, medical wellness, pet, personal service, local and non- retail pad sites along the Bailey Boswell. Um, this site plan is much more conventional and functional and and I'll get a little bit more on that than the previous PD, the way that it was laid out and the way that it was function or or appeared to function whenever we had that there. Um, and so looking at the market of what this is and why we feel like this is a, you know, why our Huntington group, uh, who is trying to present this is going to be there. Um because the previous layout really kind of only really aligned itself and I know they said restaurants and retails and I can kind of talk more on that but the way that this is really laid out on the original PDS only really sets this thing up for more like an office or flex office type space. Um reason being is that the six buildings that are there around the green space um for retail and restaurant type use there is no there there's essentially no parking surrounding those immediate buildings. Um 90% of the parking is going to be far on the north side which is on walks of 3 to 600 ft um from that. That's more than a football field um to try to walk to some of these facilities. There's also no service entries um for where you have restaurant deliveries, where you have retail deliveries, where you can have your trucks, where you can have access for deliveries into these sites. And so just really kind of the function of that really only allows where you can have people that would be walking to their job and walking that morph for there. Um and so then they looked at um cuz the overall owner has tried to develop this and looked at this and that's kind of the feedback that they have received whenever they've been looking at this and unfortunately an office type use or an office market um specifically in DFW and really around the country is that

they have a high office you know high vacancy in office spaces right now um just with hybrid remote workforces um different things like that um we we've seen it we just had to relocate from my own personal office to a different one just because of the vacancy and the emptiness of our four-story office building there in Bedford. We had to move down to the street to a much smaller one. Um due to just rising costs we were having to pay for a four-story building and there was three tenants in the building. Um and so that just creates a higher lease up risk um and functionality for the project to be successful. Um and so whenever that was determined, they kind of brought in um Huntington and said, "Hey guys, we need some help with this. We're looking to try to develop that. How can you bring us in there and how can you do that?" And so we've kind of changed that with our alignment. That kind of gives us more opportunity to have a proposed mixeduse. Um, and these are probably all stats that you guys are aware of as we get our updates and everybody tracks their market and everything else. But we did want to kind of just in general talk about the how DFW has grown significantly. Uh, retail vacancy is significantly lower than what a flex office or an office space type use um below 5%. Um, I will say that the Texas market in general is is doing better than some surrounding areas and things like that, but the Texan market, Texas market has been very strong. And then when Huntington was trying to advise this and look at this, they said specific demand in Sagenol. What are their market indicators that would say that this is going to work and how this is going to grow with us and how Sagenol we have residential growing up that whole area is developing. um that their population is growing. The medium income and the household income here in Sagenol has also been growing. And whenever they look at that, then they look at the age. These guys are growing. They're making money. How are they doing that? And the current on our research that the median average age in Sagal is about 36.8,

which is in your, you know, they call that your prime retail spending habits. You typically have young kids. You're having to buy kids groceries. You're having to buy, you know, different supplies for your kids. you're taking them out to eat for dinner sometimes and different things like that. And so that was a big market indicator of saying, "Hey, we have the residential adjacency up further to the north. We've got the access. We've got everything there." Um, on what we have and then, you know, retail trade area, whenever they're just saying that it gets with there being just everything to the north, there's very limited that they have determined that there would be a pool from that northern side. We know that Main Street along Sageno has fairly well developed. You have Kroger in the development center down on the southeast side. That market down there is um it's growing. It has that success. Um but whenever you start going north of here and north of Walmart is whenever it starts hitting that edge of development. Um, and then lastly, just from that type of a use, whenever you do bring in more of these retail type uses and everything else, there is a stronger tax base for the city just from a city sales tax and different things like that of that nature. While that may be a small deal, that is something that they wanted me to make sure and present as well. Um, and so really our vision for this, and I apologize whenever I sent this to Susie. I kind of have two slides that that repeat themselves, but just the mixeduse district here, we feel more aligned with the market demand. And the development at this scale is a more functional site where we're able to we're able to separate the traffic from our, you know, from our deliveries and our service. We're able to get access, able to get, you know, the retail vendors get their stuff in. and that's not at the front. We've still tried to um while it's not all concentrated, we've tried to maintain that open green space. We've created the the larger belt line along um along the southern edge along Bailey

Boswell um to try to do that and try to promote that. And so, um, and just how we've laid it out from, you know, your fitness center to the retail to kind of a more traditional pad type site, we've tried to, as we get further away from the uh the residential uh component of it, we've tried to keep that as the soft use of the gym, then the little bit of the retail and then restaurants and then the pad lots across from uh essentially the I think it's Trinity. Trinity do what? Trinity Rail.

Trinity Rail. Well, yeah, and I can't remember what the company, but the train rail right there. Um, and then whenever you get along that, just trying to have a little bit more of of the use on how we've gone and done that. And then again, like I said, I kind of had I guess I messed up on my slides and I just had two that were doing that. So, with that, I'd be happy to answer any questions if there's any questions about layout, the viability of what we evaluated when we tried to make the original PD work. Um, we understand where staff is at and we respect that that view and everything else, but just from a from a real world development standpoint, being able to have six buildings with, you know, with no parking in close proximity, we just couldn't get that to work and get that to develop from when the original PD and I apologize when we were there. We we weren't a part of that, but I know that was presented and that's what was accepted. So, we're hopeful that you guys can consider what we were proposing today as a viable solution for the project. Okay. So I guess my first question is um that kind of in the slides it said you know why uh why mixed use instead of office. I understand. I was tracking with you that kind of the way that this was laid out kind of more benefits and office use office type usage, but the the land is already zoned commercial.

It is. That is correct. Got it. And we're just you're we're being asked to take it from we're not being asked to change the zoning. We're being asked to j to change the layout of this development. Okay, got it. That is correct. I apologize, Mr. Guty, if I was mis I wasn't I was not trying to mislead you by any form or fashion on that comprehend.

It was more the function of that. You are correct. The uses are there. We're not necessarily changing the uses that are previously approved on that. It's more trying to work with the the current site plan was more based I think on a different function of what it was going to lay out and be and trying to keep and utilize those uses just because of the lack of demand of office space type stuff. We were trying to potentially redevelop this on the plan the development plan itself to be a little more functional. Got it.

Um so I have been eagerly following along with this development from the beginning. I've gone to every website of every company's sign that's been up on that property. I've even talked to Jim Makans a couple times before on the phone. So, I have followed along. I've seen every letter of intent, color change of every parcel and this proposed business and tried to figure out who was the National Fitness user and kind of through the deduction of, oh, we already have Anytime Fitness. Oh, we already have a this. You know, I kind of figured out who it was going to be before y'all announced it. I personally am happy to have an upscale large fitness user come in. I know some people in the city are like, uh, another big box development, but if it's a big box, I think it's probably the best tenant we could hope for. Um, that being said, I personally, and I know you've you've kind of told us to kind of disregard the pad sites down on Bailey Boswell because you don't have any tenant currently in mind for those sites. But I I personally don't like this L-shaped strip center. I feel like the developer in the city spent time and money and planning on making this retention pond more than a retention pond by putting in a fountain that's lit up. Um, I was even at the meeting where the developer land owner had to come back to the city and ask to drill a well and go down several hundred feet and tap into an aquafer to keep that retention pond up with water because the water will evaporate out and stuff, you know, we didn't want it to become like a mosquito nest. So, um, you know, you have this

beautiful pond there. There are trails and walkways all around it with benches and these little podiums that have like the history of the development. I feel like this Lshaped area the of retail could be activated better with the with the pond in front of it. Um, is there is there some zoning reason like the fire department or something why that building couldn't be pushed up against the lake and have the short part of the L have its entrance on the back side of the building, you know, and the other part of the L, you know, you it can be on that side. Um, I could see, you know, like a Paleo's Pizza Cafe or some some kind of user like that where they would want, you know, people sitting on the patio overlooking the lake the lake and be able to walk in from the back parking lot or even even uh some sort of break in that building with some sort of walkway or something. I just feel like this is kind of a marquee development for our little city of 23,000 people and um it's another L-shaped strip shopping center.

So the reasoning behind that so our group that has worked on this site plan has

looked at it from a multitude of different ways. This is we we've gone through a lot of iterations before we've presented to you guys and everything else. The challenge that you have with trying to locate the building up against the lake and everything else is that then that be kind that kind of landlocks you on one side. And typically whenever you have your retail and your restaurant users in more of a strip, you kind of have it separated between one side for your deliveries and back of house stuff because you're going to have grease traps, you're going to have dumpsters, you're going to have everything there. And so the challenge that we were finding is that whenever we push this up against the lake, then you have all of that stuff that's kind of the yucky part of the restaurant or the yucky part of that. You have that as you at at your entrance when people are parking and walking in and out. You got to have the dumpsters somewhat close so the employees can walk those over. And then and as a restaurant that typically is a little bit more of an odorous type thing. Um same thing with deliveries. you have big box trucks where you don't like people walking in and out or walking around cuz they're harder to see. And so by we we did try to keep it over there. There is a row of parking between there. Um where the corner of the Lshape is, you'll notice that that's chamered and not squared off. Um that was intentionally done to try to promote a patio um for that area that could overlook and see some of the lake area. Um but but that's the reasoning and the challenge that we've faced on the retail portion as we've kind of worked this site plan is trying to get that you know get that view or get that you know the accommodation of the amenity to be able to utilize that cuz we agree that the pond is something that's probably a little bit above and beyond what you normally see. Um, the challenge we had is trying to create that separation from

where you're not walking in and out the same door as your front door and your back door from those type operations, if that makes sense. And so,

it totally does. I just Yeah, I don't know. There's just something about it. I mean, even that little patio there, it's like you're overlooking a parking lot still, even though it's only two rows of parking. Um, I appreciate the the Campford change. I just I would even hack that building diagonally in half and have, you know, a walkway that you could light up or have, you know, the local artists do some like something to make it I mean, it's a L-shaped shopping center with the corner cut off, you know? I I don't I'm very pro-development. I am like so like and I get it. I watch all the things happening around the area. Um, and even this I'm just I'm having a hard time being like, "Yes, bring this to our city." Um, kind of thing. I don't I don't know if there's a way that because you you said y you y you y you y you y you y you y you y you y you y you y you y'all have already kind of looked at this several different ways. I don't know. Um I don't know if there's a way to angle the building differently where that patio can maybe where multiple sides of the building can face that lake or if there's a way to maybe have another offshoot of this retail. Can can somebody from city can y'all bring the the proposed plan this page up on the television screen? Yeah. like that little hook that goes on the north side of the lake that's currently just parking. Yeah. Yep. It's right to the right of the of the red circle. So, there's like a little hook of parking that touches uh Belt Mill Parkway.

Yeah. On that. Yeah.

Yep. Yes. That area. Like if there can be another set of buildings there or if there can be like another hook of buildings there. I just feel like this is a wasted opportunity for um you know uh a beautiful I don't even want to call it I know that I know that engineers call it a retention pond because that's what it is. It retains water, but there most retention ponds don't have a thousand ft well drilled in them and have aquafer water replacing the water. Have a big fountain that lights up at night. Walkways around it and all those nice like natural stone pillars and those little areas. I mean, people walk their dogs around that right now and there's nothing there. And I I see residents walking around it right now. I just feel like it needs to be activated more. Um, so the challenge in that little corner that you're looking at because we did look there and I don't know.

You're going to see you're looking at the screen. Okay. Yep. My voice hopefully be loud. I'll project so everybody can hear. So I think that's Yeah. Yeah. It's for It's not for It's for the the transcribers at home.

Yep. Nope. We will we will make sure that everybody can be heard. So, the challenge with trying to utilize this corner, and we've looked at it a couple different ways, is that the full access and the median brake that you have right here that was done with the development to the side. This access and this median brake is right there to where you have your drive coming in. So that it kind of limits that corner cuz there is probably, you know, if you could move that driveway and center it up on where the dark property line is for the for the fitness center between the retail. If you could kind of put that first off, that's probably a little bit more ideal from a development standpoint, but then you're coming in at an angle that doesn't match for the um traffic and for the entrance and exits for the road that was built. I mean, whenever they built and overlaid that, I'm sure that had more to do with the residentials and the separation and the lot depths of where that fell to where, you know, they didn't have a great uh great plan for that. I mean, even if you look at the old PD, they kind of had that drive entrance coming around and looping around where where that is. Cuz I I agree with you, Mr. Guty. if if you could do something. I mean, those parking spaces over there are not what I I mean, they're parking spaces. They will be used, but they're not primary parking spaces. They're not ideal parking spaces um that would be utilized in the development. They would be the overflow when things get busy and things of that nature. And so when we were trying to look at that to try to figure out what we could do, that driveway entrance really kind of constrained what you'd have to do because you'd have to make a essentially anybody coming and turning in there. You'd almost have to turn that drive

really hard to make a big U-turn to get any depth or alignment there to have something of of viability. Um cuz whenever you're looking at that, if you just take that drive, it's, you know, that that driveway is 60 ft deep and where those parking spaces are, you have maybe 50. So you could have, you know, if you put a building there and I mean, you could narrow it a little bit, but you're probably looking 60 by 50 area.

If I can ask, is one of the issues that y'all are coming across when trying to lay out this land is an ownorous parking restriction? Like do you like and what I mean by that is are y'all like taking away some of this retail because you need x amount of parking according to an existing city regulation or something. No, we were able really to kind of fit I think you know what the client you know getting into the weeds whenever you're developing something as large as this. You've got to hit certain metrics with that. You have your your gym and your fitness facility that works and then you have that there. And then when we go to look at the the retail portion of it, um, in order, you know, they call it economy of scale to justify the cost of the building and everything like that and just the cost of the land and making sure that you can balance that. Um, we have been able to balance that. Um, and with I mean staff's been good to work with, has given us pointers, has given us tips on things to try to make this more presentable to you. So, they've been very good with working with us even though we know that we were coming in on a little bit of an uphill battle. Um, if there was a desire to um have a little more green space in some of those areas or create a separate patio spot adjacent on that what I'm going to call kind of that southeastern row of parking along there to try to amenitize to be able to have something. Obviously, if you have a restaurant, they probably wouldn't have that as a served area. But if you had more of a coffee shop place or something that people wanted to go sit and drink their coffee and look at the look at the lake there, I think that's something that you could do. But, um, overall on the parking, I think we've been able to try to accommodate that with what the needs that we are. I don't think that restricted our building.

Yeah. No, I just was wondering. Um, yeah. I'm going to let somebody else talk cuz I just I'm I'm thinking of prospective tenants in that L-shape. And I'm like, "Okay, I want to see a Paleo's Pizza Cafe. I want to see a Smoothie King. I want to see a Jamba Juice. I want to see like all the things that are going to go good with an EOS fitness." And that we want as residents in town. We want more sit-down restaurants. We want a bookstore. I mean, Barnes & Noble is opening up little 9,000 foot bookstores now, you know, instead of these big boxes. Like, we should go after them for this strip, you know, all kinds of things. Um, I just I just I'm having a hard time getting from this to and I'm prodevelopment and I understand it's 2025. this was a different um developer proposing this. Um things have changed like the I know that um you know it's just I'm having a hard time but right now imagining it um especially just everything has been pulled back from the pond. I mean everything has been pulled back from the pond. So I'm going to mute me for a minute and let other commissioners talk. If I could say something and and this is counterpoint to what you're talking about. I think you're to me you're reading too much into the retention pond being so much directed towards just this space. I see it more as the whole entrance into the to the belt. I mean to that whole area u and it is a little I mean somehow the L shield shaped building I hope they do something to dress it up because it does look a little industrial and then having just a big square. We're gonna have another uh gem. Yay. That's It's gonna

It's my favorite thing. Hopefully, it's not gonna be purple or something on the outside or whatever they you know, but I still see I still see it as as doable. I hope it does come up with uh some good retail there. But I don't see but I don't I don't put the two together that Mr. Drolet, can you please speak into your mic a little closer? Sorry. Thank you. I I don't put the two together that the pond is there, therefore it needs to be people staring at it from the backside. Yeah. At the retail. Okay. Well, it would be in a perfect world, it would be great if we could sit out on the patio, but the reality of a food service business is it's nasty on the back.

You've got all of this Cisco driving up. You've got pump trucks coming in. You've got people delivering trash bins, people out there taking breaks. You have to have a back end on a food service. And either way, you're either going to have the back end on the front or the back end on the back. And unfortunately, the back happens to be the retention fund. And there's just I mean, there's just no way around it.

I guess my So, I hear y'all, but I guess my thing would be like they do it at South Lake Town Square, they do it at Northeast Mall. The you know, that's on whoever leases the center. You know what I mean? Like I know that you as an engineer and as a developer are trying to think of the end user, but like I go to Kurabas at Northeast Mall. It's like right there in front of the movie theater like you know they their employees have to take you know you lug the trash 50 ft to where the trash is or at South Lake Town Square they have like a brio and like all these little restaurants and stuff the trash is across the way you know. So that way you have like these buildings that are kind of in the middle of the square and they have like little trelluses and stuff and I I just I know that we're not South Lake and I know that this isn't Northeast Mall. I'm also realize I realize that I just also I don't know if anybody on this panel has like been to that like retention pond and it's really hard to make out in this thing. There are really nice benches that are put like every 50 ft around it. There's natural flag stone pillars with like uh concrete caps and then every like maybe third or fourth bench there's these nice like flag stone raised things that have like the history of the belt mill and I haven't even brought up that we don't even have the little like mill thing. I mean I I know you you can try to like

I don't know I'm familiar with sorry that that right there since we went back just to the PD I don't know if Yeah. Yeah. like there was some sort of um circular architectural thing in the middle of that. Um you know cuz this is belt mill development like I'm having a hard like what are you going to put on the top of a big box and a L-shaped strip that like sets apart belt mill from the other L-shaped big boxes that are every you know three intersections here in DFW. Um, Mr. Chair. Yeah, I do believe that this was a concept that was floated at some point but was never actually I know. Okay, perfect.

So, that's what I was seeing cuz it it like I said, I hadn't seen anything of that that was on the approved stuff. So, it it's still good context to have. Um, I know that you brought up South Lake Town Center and I know we're not South Lake Town Center, but well, but I was just going to go to that. So you do you have one that's Brio and then you have Tokovas that's on there. But on the other retail sides that are just the long straight ones, if you ever walk on the back side of those, they have a back, they have the back side of the house that's over there. And so while I will say that that Brio is an exception to that, the way that they've laid even that town center out and you go over to where the Mikasina or the other restaurants

totally there's a back alley. Yep. They have the small amenity drive that they put down down down their main drives and there's one row of parking and then they facilitate the additional parking that they need in the back and I don't live too far from there and so whenever we have a special night we may drive out there and go do that but if we want to go my kids like me casino but nine times out of 10 when we're at M Casino you have we park you know where you park you have those prime kind of parking spaces similar to this and then if there's overflow you kind of deal with it in the back, but you do have that kind of similar type thing where the the back of house um and items like that, but I do admit that that Brio is the is the exception.

Um now, if you're there when they open the grease trap that's over by the fountain, it doesn't smell great. I I I have opened up three jewelry stores in my days in South Lake Town Square. I'm very And where Tacobus used to be used to be a K's. Yep. And so I' I'm very familiar with the area and I know that um I know that Bailey Boswell Road across from Trinity Industries is not like that type of area, but even like we've heard from city staff on what y'all's y'all are the city staff is like not happy with this and not even not happy is not recommending this change. Am I correct,

Mr. Chairman? We're going to stay neutral on it. We were just presenting some information in regards to the background of it. Yep. So, okay. From our standpoint, just from the origins of the PD and the original conversations,

it does not meet the intent of what was discussed in regards to this is the commercial aspect of this entire development. And we understand that change has to happen here and there based off de developer wasn't even there, right? Um but we don't believe that this meets the intent at all. Um the center was based off of having some of that development look off that detention bond or detention bond cuz the strip centers were supposed to be actually where these pad sites are now. There was supposed to be either one long rectangle strip center or like two rectangle strip centers where the pad site was. Yeah.

And so it definitely differs from the original intent of what city council and the developer the original developer had discussed. Um may I may I ask was there any public funds used in this in the belt mill development as a whole? I don't know if it's in a jurors or I don't think it's I have no idea. Sorry, we weren't a part of that. Sorry. I don't Yeah. Yeah. Able to speak on that. Director of economic development. Well, yes. And I was actually going to ask city attorney if I could even talk to him anyways. So, good to Pedro. Yeah, you're welcome to ask staff anything. Okay.

Yeah. Was there any public funds um either granted to the developer for this development or like um like a rebate over 10 years if they do this and that like no 380 agreement? Yeah. Doesn't have to be like giving them money, but like there should be no 380 agreement live on them. That would be a different process to have been that. Okay, cool. in investigation. We uh so far we haven't found Okay. It's not my microphone I usually use, but we haven't found a 380 agreement.

Got it. So my next question for you would be as director of economic development for the city of Sageno. I mean like what like what do you think when you see this? I mean you know you have had conversations with me before. I'm like I get very I'm like oh my god we're getting a cabba like do you like whenever you you know you work for Huntington right like okay so I I work technically for Claymore Engineering as the applicant uh Huntington Development is our group that is working with the real estate portion and everything else.

Gotcha. So, our city like recently got a cava and like I was really excited because it was the first cava that wasn't like next door to a mall, you know, like I thought that that was a big deal that we got one like so I pay attention to real estate stuff that happens in town. What is economic development's two cents on this? So, I would state that uh this property is in the tur district just let you know. So that's I can explain what a TUR is, but I know what a TUR is, but for the rest of the council. Yeah.

Okay. Well, if we could go into we definitely go. So TUR is essentially where um the city council because economic development creates zones. Uh the best example that I use is American Airlines. If y'all seen Robocop a long time ago, uh the the movie was shot in a in a brownfield. So Dallas decided to create that as a tur or a tiff. Uh so anything that was that is gained as property tax from that half will come to the city but the other half will stay in the turfs. So for example we have one turf here and it's involving not just this property but also the victory group of falcon that we just discussed today. So anything any new development that comes in any new property value that comes up will be capped and then 50% of what's above that will go to the TUR for anything. So uh any projects any infrastructure just to help the development there. So just to let you know there's TURS in

so that means that half of the increase in property. Okay. So so right now so let's just as a study the property value is $0. The property value goes up to $100 because of a new development. It's all located within the tur $50 of that will go to the city. $50 of that of that value stays in the TUR which means it can only be used to improve the that district. Yeah, that district. Got it. Just the city's portion but uh we share you understand that we share a unique one where the So instead of all the tax improvement money going to the whole city of Sag. I feel like I opened up a can of worms and I apologize. What?

So I feel like I opened a can of worms. Anyways, I'm going to bring it back. Uh I'm going to go with Susie and say we're kind of neutral. I feel like we we have talked to different developers who have looked at this site before who had different ideas for this. So far, this has been this is before my time here since before my time as before our time and we're just waiting for a development to come in. Yeah.

Um like you said, city council's uh priorities right now is sit down restaurants. Um, that's why they invested in that uh development right down at the boulevard. Uh, as well as entertainment options. If you're asking for my opinion, if I was to bring the city council, I don't see what their priorities are are in this. But again, staff stays neutral. Uh, and it's up to the body here to give recommendation to the city council.

And just to dubtail off what you said that that that's kind of my question in the beginning, why are we even going through this? How did we how do we I see what the original development plan was. We just ask somebody to come in and say, "Hey, redo this." And I mean, were we taking you said you've had other people come in and take a look at this? Uh so I guess this is just that that opportunity also. We asked them to come in and take a look and show us what your design for this development would be.

Mr. chairman. So essentially when the original PD was started, the developer, the owner of the entire property was an entire different person, right? And so they designed the entire PD in hopes of having city backing with all of it because we're looking at as a master plan.

Yeah. However, they sold off pieces for different parcels and I believe Huntington now is I don't know if they've already purchased it or they're still looking at purchasing it. Um but they're wanting to develop on the land. So they came to the city of Sagal planning and zoning team and let us know that they wanted to amend the PD. Um and what that entails is essentially they submit an application. We try to assist them to try to enhance that application and strengthen it so that we can try to get as many components that the city council or planning and zoning commission wants as well as city staff. But we cannot tell them, hey, you have to apply in this form. We receive applications. We try to guide them through everything. um as long as they're in conformance with other things, then we'll let y'all know, hey, they they didn't meet this, they still need to fix this, or we're not going to have that until, you know, you're ready. Um it was their decision to come before y'all as presented. And we legally have to look at every application that comes before us if that is their intent because if their property owner has rights.

Okay. Thank you for clarifying that. Of course. Yeah. When commission and Mr. Guty, I wasn't trying to be rude. I was trying to make sure that I had permission on um some things. So, I know you were talking about like with this layout, who are we going to get and different things like that. And I've already seen one of the proposed tenants. I don't know if I'm allowed to talk about it here, but I've already on y'all on Huntington's website, I've already seen several of the proposed tenants. So they have some folks and I was just confirming with them and everything else on the retail since we don't have our entitlements in place. There are not any executed Lois um because we we don't have the entitlement to go build it or do it and so that's there.

Um but I know you were asking about the restaurant and who that might be. So Pilates Pizza is who they are targeting for one of those key mark places. I know you mentioned paleos, but um I just wanted to let you know I mean obviously that's not set in stone. I'm not trying to commit that that's set in stone, but that is the caliber of tenant that they have been trying to you know pursue for the restaurant um portion of that retail. Um it wasn't just you know local donor shop. So it's it's more of a

and by the way I'm not even that kind of person. I'm I'm the person that somebody comes in, you know, complain about car washes and I'm like, well, they're a small business, too, you know, so I'm I'm not even against a donut shops. My entire issue with this is that this is supposed to be the belt mill development and it I know that it's just a mixeduse development in a mid tier like suburb city but I just don't see anything that sets this development apart from anything else. There is what I mean it's like like a Murphy's gas station, a Dutch Brothers. Uh let's see that that one proposed two-lane drive-thru. There's only three places that have two-lane drive-throughs. Chick-fil-A, Waterburger, and McDonald's. Like I can like guess like who y'all are kind of going for, you know? And I just don't see like any activation on like the road. I don't see any activation along the pond. I don't see like a kids play area.

Honestly, on on Bailey Boswell, you're across from Trinity Industries. You're not going to get No, no, no. We're kind of limited there. That's not anything we can control. We are trying to amend with the landscaping and everything else that we have there. Totally. Um, but I I don't think we I'm just being completely honest. I don't think we can go build a town center like development across from

And I'm not even meaning to sound like that. My my brain is going like, "Okay, I'm already okay with the big box in the back. I'm okay with the pad sites on the south. This middle shopping center." I'm like, "What is activating it to the lake? I don't see a children's play area. I only see one patio. I don't see any like activation with a trail from the apartments to the lake. Like, there is multif family around here. There's cottages across the street. There's uh like senior rental housing in the back. Like I just don't you know what I mean? Like I don't know if I'm overthinking this, but I just don't think it like is flowing and it just feels like a strip shopping center. Mr. Trimman, I do want to just point out Yeah.

that this design does not indicate that there is a patio of any sort. If y'all wanted it to, they would need to decipher that as an outline and put patio on there, right? So that it could be illegally binding because as of now they it's just the can of garbage can or something, right? It could be concrete. Just wanted to

Thank you. Yeah. Yeah. Yeah. So yeah. So okay. Can I also ask city staff and I guess this might even go to him like we see two items circled with red like it can are we is it two separate things that we're being asked to do or are they just pointing out the two separate aspects of the center? Yes. No, you're you're looking at it as an entire entire thing. Those were just to try to depict so that y'all can decipher what changes are what triggered the PD amendment.

Okay. And then another question for city staff. Can we, not saying that there's a motion on the table, but can we approve the fitness center and then say we as a commission aren't okay with the middle part of it or we're not okay with the pad sites or do do you know what I'm saying? Like are can we say we're okay cuz you see how in the in the picture it has like the dotted lines in between the L-shaped shopping center and the fitness. Can we say yes, we approve plan development north of the dotted line and south of the dotted line. Go back to the drawing board. Like can we say that or is this the whole build the whole site has to be considered? The latest just to talk about those dotted lines before they speak. Those dotted lines I think are on an outdated exhibit because we updated those and sent you that without that because there was concerns about platting.

So our latest exhibit doesn't have that that was submitted to you guys. So I don't know if that changes anything. This is just what we received for the PE. So um nonetheless um we're we are looking at this as an entirety. Now if you wish for them to exclude everything else from the development plan and just have that then you would need to understand that you're still amending it. And if you approve it as is right there without excluding the rest and then sticking with the previous design for the other parcel, you would need to specify that because if not, you're just not having any design for that bottom part.

Okay, I understand. So, it's kind of Yeah, we need to Okay. I think if it was your desire for them to kind of reconfigure it, then you have two options. you have the option that you kind of said, right? Or you table it and ask them to reconfigure it based off what needs y'all kind of explained. But that would just be dependent on what the group Okay. requesting. Mr. Chairman,

I think I would like to see more green space around that pond. it it it looks like it's pretty sterile and not inviting on that side. And I I agree with you that there needs to be more green space and I'm not real pleased with I have a question. Which side of that L-shaped thing is the front east and the south?

Yeah. So the whole side facing the whole side facing the lake is considered a front and the whole side facing the bottom side is considered a front. That's what I was thinking. Yes. I I wasn't sure everybody understood that. Yeah. Is the it is going to take some time for green for things to grow. Yeah. There is correct. It does. Yeah. He they are going to plant uh landscaping I'm sure. And I do see like little areas in the parking lot. I just um that that's not my point. Yeah. Yeah. No, I know. Like it's a green against the lake. No parking.

So, for example, those seven parking spots that are up on the north end of the lake that are just kind of there. I mean, what if that was activated into the trail and was like a little area for kids to run around or a dog park or something? I don't know. I just feel like this I just feel like it's like wasted having this trail around the retention pond with a fountain. I know that it's not going to be a Kurabas and a Nordstrom or anything coming in here. I just um I still think that the local ben that the local businesses coming in would benefit from having it be more activated towards the lake. That's my two cents on it. And there is green space. I know it's not maybe hatched along the perimeter there, but there's um there's over inside on the private side of the property, not at the pond. In addition to that, there is another additional 20 ft of landscaped area between that between our parking and that's over the course of you know the the entirety of that area of the retail that's fronting along there. So there there is a pretty significant buffer um between the actual kind of the edge of the private properties right along that sidewalk that would go in on the other side that would be full of the landscape and the trees and everything else that Miss Anderson that you may be maybe mentioning and stuff like that. And and then we also on the back side are honoring another buffer between us and the multif family as well. You can kind of see that one. That one's easier to see because it's a little more hatched and green. Um but there there is that I'm I'm just kind of a 180 degrees off of you. You are focusing out and when when you when you do that, all I see is Trinity Rail Cars flaring gas off their tanks. Uh and I see I see this as looking in. It should be as nice as possible as when we pull into that. I see the the pond and I'm looking into that.

And that's that's that's what I Well, that's why I don't really I don't really I don't really care for the Yeah, the way it said it at all. But I mean, if they want to do that, that's fine. Look as nice. Well, and I feel like that speaks to changing the layout of this development, like if they took this L and maybe made it like this so that more of it does face back towards the neighborhood and the pond instead of this side. You know, that that's why I'm having such a hard time with this this like layout of how it is. Um, Mr. Chairman,

your rotating about 90 degrees, putting the flat of the L. Mr. Chairman, I do apologize. I do want to retract my previous statement because now that I'm looking at those lines that you mentioned, Clay, um, you wouldn't be able to approve that EOS portion of it because it wouldn't configure to the previous site plan. It wouldn't match up. Just because the parking wouldn't match everything else that would have that. Yeah. Um, and I also don't I mean like you have a tenant that's leased and I know how important timing is with um developing and everything. So I'm also trying to take that into account but we

and in all honesty the retail is going to go the same time as the EOS. So those are the two things that will go. Um, I couldn't see exactly what you're drawing on your hand, you know, when you're drawing kind of showing them what your thought is. The the thing from a development standpoint on the retail is that if you, you know, you wouldn't be able to rotate this 90° and have the retail point north because you've got to have that visibility for any any person that's going to go along there. They don't want their front door pointed towards the EOS fitness because then when anybody drives by, they don't see it or they see the back. And so that's the reasoning for the other part of that front face as we'll call on the strip retail pointing south is for I I know there's some development there's a lot there but majority of that traffic and everything else that you're going to have along east Bailey Boswell there is is going to have a little bit of visibility there.

Yeah.

I have a question. What if that long row of parking is eliminated and it's pushed north a little bit? That would be the need for the parking on for the EOS fitness center for what they need, not necessarily what the city needs, but that that area there and and those parks would be needed for the EOS fitness um over there to the northern side. And I know that we talked about those lines going away, but the property line for the retail would cut off just on that drive that's directly north of the strip retail. Okay. Yeah. I mean, y'all are y'all are both small business owners, too. Like, what do y'all think about this? I mean,

no. I mean, I I like I and good or bad. I mean, I've been hearing Peter and it makes sense like, you know, if I was going to go out for a date night to a patio restaurant, I mean, you know, I definitely don't want to look at certain things, you know? So, but I also just feel like there's just some changes. I don't know. Yeah.

Yeah. I mean, I I would have loved like what you're saying, but I I I I understand with with him because I in my business, we need to take out a lot of trash and it's a big hassle. Um, you know, if if that's if that were located um a little further away. So, I can understand and I can see how practical that is in from his explanation. Um, the other thing I was looking at the bucket, it looks like the city had some concerns. Looks like the concerns were addressed. Um, maybe not fully, but um, from the looks of it for me, I'm I'm totally fine fine with it. Um, if we could put a condition, I would only say maybe a little bit more more green space because a lot of the development that we're having in the city, um, they're just getting rid of all the green stuff. So,

um, that would have been my only condition. We've had conditions like that where we've specified maybe trees and and things like that. So, can I say can we make a condition like that? We can. Yep. And so, because it is a planned development, you can have anything in regards to the land. Um, if y'all wanted to again include patios, you would also state that in the motion because currently it's only fast food places. Yep. Um, another question like so like have you sir have you been to like Alliance Town Center before?

You know where Razoo's and Pi Five Pizza Company is? It kind of like faces it's like across the way from J C Penney. You know how there's like a little play area there for kids? There's like a little metal geometric thing. It's like a sunken area where the kids can play while the people are waiting on their tables to eat. Cuz one of the biggest requests from residents has been sit down restaurants, has been entertainment, and has been places for family and kids. I'm als I'm trying to think if there's some sort of like public kid play area thing that can be added here up next against the lake so that after people have dinner after you know people walk over and get a coffee and want to walk around the lake and you know the kids can play on something. I'm I'm trying to think outside of the box because I know we're getting big box drive-thrus strip centers. I'm trying to think of something to add to this to like make it a plan development because so I think that we could and I'm just trying to look and kind of find the space. If you look at well here I can

so there is a public access that has to come through here that was part of the PD stuff. So for these multif family folks to come over here there there might be a place where you could dedicate in that corner. Uh no further like way down further south. Uh keep going right where that kind of central spine road meets and there's a sidewalk that comes along. Um I think that you could you could potentially look for something there as as an open space. We may have to talk a little bit about what what you're what you're looking at or what you're wanting to see. Can I show you this just so you can understand?

So I I pulled it up on my phone. So I was looking at it there. So looks like kind of an open turf area where kids can run around. I can't tell exactly.

It's some sort of jungle gym like foam stone thing. Um, and it's kind of there's step down, but it's in between two strip shopping centers, you know, that aren't necessarily special, but it kind of activates that area and it brings people from the back parking lot and the front parking lot. That's another thing I'm seeing with this L-shaped building is like, y'all have parking in the back. Why isn't there some sort of split or some sort of alleyway or, you know, something to kind of break? Cuz what happens is the back parking, I know that it's um meant for trash and it's meant for deliveries and it's meant for employee parking, but let's say we leave that alone, like just some kind of something in the in the front area or along the lake that you know brings families in. Again, I don't

Yeah. And I just looked at this. We just asked Jake and Split Rail to put some kind of family waiting area in the parking lot on Maine so that either while people are waiting on a table or after they're done eating, there's a place for families to go and kids to run around and stuff. What is the walk distance from the pond to the Lshape building? Oh, I mean, well, if that the closest area it's like maybe four parking links, you know, so it's not it's not a lot. Yeah.

Perhaps, you know, trying to look at what you're looking for, bringing in the kid element that perhaps that could be your little soft area there coming into the back. um if that building was split like at the little apex of that corner maybe a little I don't know if they're going to split the building anymore and so that's why I'm trying that's why I'm trying to activate those parking spot yes that is why I'm trying to look at yeah I'm trying go too far down on the southside next to those drive-thrus that's a recipe for a kid getting squished yeah for sure not that's a go

I think it would have to be above it would have to be above that drive intersection I don't think that you want that and then So talking about that, I definitely think that's an option, but I would have to probably understand the expectation of what gets put out there just because this unfortunately this day and age, we can't have McDonald's playground where everybody went and climbed on slides and went down that from a liability and lawsuit standpoint.

No. So, I want I don't want a um like legal nightmare playground, but I also don't want you to put a squiggly sidewalk in the middle of a parking lot and tell me that that's a play area. So, I want something in between. That's what I'm personally wanting. So, I mean, kind of what they did here whenever I was looking at this, and I I can't tell exactly what that is, but I think if you know, if you're looking more for from what I can see, it looks like there's a turf area and then like a low sitting bench for the parents to sit and watch their kids and stuff like that. I know that um I kind of envision what they have out there's a little development in Trophy Club that used to have a restaurant that my kids loved. It was called Blue 22. Um, and they had it's probably about 30 ft wide by, you know, the length of kind of the area right there where the kids could go around and throw a football or kick a soccer ball or do something of that nature. It's kind of a turf area with a low seating bench along there. Um, I think that that would be definitely something that they could do. Like you said, it's not just a squiggly with just grass. I think that that could kind of be more of like a designated area to go do that. And then um you were talking about kind of patio, green space, different things like that.

Even that area you talked about on the north side where you were like, well, maybe the people get a coffee and go walk over there or something. Like some of that parking I think can be chopped out and just like done something with. Um because we have and you can kind of make it out in this image. Y'all see the white rectangles that are all around the the pond. Those are all benches with raised like you know in 1859 Sageno had this and that. Doesn't that fulfill your qualification? The existing pond with the with the walk area and the benches. I mean isn't that

No, because it's already Okay. Thank you for asking that it doesn't fulfill what I want because that isn't being tied in to what is being shown here. That's why I have the issue is that we already have all this cool stuff that's been put in and then it's a parking lot and a strip center, you know, and it's not tied in to it. That's

the the question is, okay, you've already admitted that a lot of people go parking I mean walking their dogs around this pond. they already enjoy this area. What is there anything that's prohibiting those people that are already coming there just simply walking over to those restaurants without diminishment of enjoyment just from having already been there and been with where that pond is? The the fact of the matter boils down to that entrance where that median break is, that is the central problem that that's got to get worked around. So that if you've got cars egressing and ingressing right there, they're going to be trying to make a curve at the same time. You know, for people can't even park at Walmart.

So this is already a problem. If you've already got the pond there, it's already beautiful there. Now we've got use of land. We've got these drive-thrus that will be successful no matter what you do. And then can you pull the map down, please? I'm looking at this map on here. Can you all pull it down so I can see further up where like the EOS is? Okay. Okay. So then you've got EOS that's got their little drive right there. Mhm.

In a perfect world, it'd be great if that pond was like the central focus, but in looking at where this is located, this is probably you've got green space all the way around. I mean, you've got drive-thrus on that end. We're just We can't compete with South Lake on this. We've got to look at what can the neighbors still enjoy, what can the area still enjoy and still deal with Trinity Industries and drive-throughs.

I mean, this is what we're boiling down to. So, if I'm going to go there and let's say that I wanted to take my 36-year-old sons out to dinner and we want to go all this stuff, which I do all the time, um, let's say that we did that. It would still be nice to come out. You park over there. You still could go walk around that little park, give you a little spot, and it's still soft. It's still organic, but at the same time, there's some limitations on the property. Yes. And with EOS already pulling in people, people people retailers are going to want to be in there because EOS is there and just you're I think that there's this property is problematic and anything we can do to put something there in between drive-thrus, which like you said, double drive-throughs, we know who those are, and a fitness place, which I find to be hysterical. Just FYI, it's the irony for me, but that it's that entrance. I think that it's viable to be looked at.

Mr. Chairman, I will say with the activated amenities, there was more activated amenities promised, right? Or not promised, but proposed. Um, if you look at the previously adopted, there's like a lawn like there was a lawn where you would have a a centralized activated amenity space that would go towards that detention pond. So, any tenant or employees or just visitors going to visit these developments, whether that be a doctor's office, a restaurant, we we're not looking at the use, right? We're just looking at the concept of that shop. I I don't think

it was supposed to be a very walkable project where you are able to get out of your car, park and just walk or if you work there, you are able to enjoy going for a walk. I do understand that. Um, you know, with a lot of projects, you have to have the people first. So, that's what's going to drive the commercial aspects of it. We already have the people. They're already walking around the the pond. Um but previously there were proposed to have like a fishing area within the detention ponds, have that dock and then have those projects look towards the detention pond and then have that centralized landscaping area where you know I don't know uh potentially you could have events or just people enjoying lunch or things of that nature. So, we are very much losing those activated amenities,

and that is part of the puzzle that you would need to look at as well.

Look, I don't want to keep us all here until like 9:00 p.m. I am fine with the big box EOS. I'm even fine with the drive-thrus. I am not fine personally with the middle L-shaped center and the lack of activation. And by the way, I just want to remind everybody here on P&Z like this still has to go to council. You know what I mean? So the really the the only thing that we are deciding here is how difficult we're going to make it for council to do because if we approve it, council needs just a simple majority. If we decline it, council needs what, like one more vote. It's a super majority which is one more vote, right? So I don't want to drag this out. you have heard some of our concerns. Um, I hope that the developer and everyone that they're working with can try to, you know, make this a successful development. You kind of, you know, um, and I'm happy with EOS Fitness. It's better than like Ross or something, you know. Um, so

yeah, they won't paint it purple and I know of the other gym that's purple. My grandmother I turn to go drive by my grandmother's house there and I see it all the time. Mr. chairman. Um, yeah. Uh, I just want to state I mean I think we all have some good opinions on this. I think we have two options. We can either go ahead and and vote. Again, I was just here as it support. I wasn't here right as economic develop my actual job. Uh, y'all caught me off guard, but uh I think we heard a lot of staff has heard what P&Z staff has to say. uh we could either take a vote or we could table it and we could work with the gentleman because I haven't had any conversations with with you or your team. Uh so I think it's up to y'all to decide what we're going to move next, but like you said, it does go to council next.

Um council can actually table them as well, but uh it's going to be dependent on that. I think we have some great ideas of what we'll have. So we can either we can either we can either decline it, we can table it, or we can approve it with uh with with restrictions or something. Correct. Before we Yeah. take a motion. Oh, we have to open it up for public hearing. Were there any submissions on this item? Okay. So, there's nothing for you to read today. It's just the open hearing. Got it. Open and close.

All righty. Thank you very much for coming out and uh and uh answering all of our questions um and for being here. Um so I need to officially open it up for public hearing at 8:40 p.m. Does anybody want to speak in the audience about the belt mill commons at Belt Mill Development? And Mr. Chairman, I just want to say we didn't have to notice it because it was just an amendment. That's why we didn't receive any notices. Okay.

All right. Well, then I will close the public hearing at 8:41 p.m. then and then um the rest of the commission knows kind of our three options. We can either approve the plan development or we can table the plan de or we excuse me we can either approve the plan development with any changes that have been uh discussed uh or we can table it and work with the person and come back with future things or we can decline it. And um if we approve it, uh it is still going to go to council and council can also work with the with the developer as well. So um yeah, that's where we're at.

So Mr. Chairman, I motion that we table 3D at this point with some consideration and go back to the drawing board to see if we can't address some of the issues that you brought up, especially with our intent uh for this property and see what we can come up with. Okay. Does the council or commission have a time period in mind for when you would like to table this item to? I don't know how long it takes for somebody to actually go back to the drawing board and try to reconfigure that. So, I'm looking it. I I'll be honest with you. I think that if we go back and we're delayed very long, this will then you're out because EOS is already advertising the opening and everything.

Yeah, we're we're we're way down. So, we can I can I make can I make a suggestion to my colleagues on the board? Even with all of my concerns on this, I do feel like the gentleman has heard our questions and concerns and that the council might be better. I don't want to have it held up in P&Z commission when it can move forward with our concerns stated and council can really address any. Do you know what I'm Does everybody know what I'm saying? Agreed.

So, as much as I appreciate the spirit of tableabling it, I I kind of am more a fan of it moving out of our commission with our concerns have been addressed and listened to. Um, and I and I truly believe that they will try to do something more than a squiggly line in a parking lot. And council, thank you. and council can better address this. So, yeah. So, we do have a live motion still. Y um we have an option either for a second to occur on that motion or for the motion to be withdrawn. I withdraw the motion. Okay. Okay. So, then we are still waiting on a motion. All right.

Can we approve it and recommend with recommendations to council to council on what we would like to see? Yes. You may for a PD. So, um we'll take a motion. I would suggest when you make that motion, you list what your recommendations are because we've talked for a little over an hour now. Yes. Um and I want to make sure that that uh I'm those concerns are uh telegraphed. Yeah. I mean, yeah. Okay. Yeah. Yeah. Yeah. I'm fine with making it like as not complicated as possible. Sure. And staff has been present. Staff can communicate what those concerns are to

Yeah. Correct. But if there's anything you specifically want in your PD recommendation, I would I would inoculate that. Okay. I don't know about you all, but I kind of like the active spaces thing. So, that would be what I would like to recommend in there in the motion. Make the motion. Make the motion. Yeah. Okay. So, I would like to recommend approving um what was this again? 3D with a recommendation to uh city council to um consider um enforcing the active spaces uh option which they intended for for the use. Okay. Do I have a do we do we have a second? I second the motion.

All righty. All in favor. All righty. And the motion has passed to move along to city council. Good luck for your time. Really appreciate it. Yep. Before shirt. That's why I wore it. I knew somebody would get it. All right. All righty. We have one more item on the back though. I believe that it is this one notice issue. The 3E will not be heard tonight. Oh, okay.

There was which I think at this point is fine. Um there was an issue in how we posted the notice on this. So it'll be reposted. Um it'll come back to us another time. All righty. We get up the door. Okay. So, um, 3E is not going to be heard tonight. So, now we're going to go to four 4A project updates. Close 3D. What was Oh, dude, I don't need to close 3D since we since we voted on it, right? 3E was never Wait, no, 3D. I don't have to cuz I I closed the public hearing at the public hearing's been closed at at 8:41. Yeah. Yeah. Okay.

Um, no, no, no. Thank you. Cuz sometimes I move along. All right. Staff updates. Yeah, Mr. Chairman, just uh quickly more recent changes off of just last month. Our roundabouts finally opened. Uh public light installation. We're expecting about 51 uh lights from Encore to be installed. They're coordinating with the contractor to get those scheduled out. And for uh shops at the square, uh they're doing site clearing. We're still pending on an update from the contractor. Same in the case for the industrial and FM156 text. Reconstruction of the road. Um, other than that, as of last month, not much has changed, but we're open to questions if anything comes up.

No, I'm seeing dirt turning at Sagenov Square. Happy to see that. And um I saw some dirt turning at the old fire station in the parking lot next to the senior uh center, the old log cabin. They're tearing up some of that asphalt. So anyways, just happy to see dirt turning across town. So anybody have any questions on the commission on any of these staff updates? Looks like 1 through 11. Um all righty. Well, we adjourn tonight.

Yeah. Um, so some of you have clued in. I'm going on maternity leave come May. So, um, we're not going to deliberate on this item because it's not posted, but I wanted to give the commission a heads up on it since your staff has sort of outed me, I think, to themselves. But, so, um, some of you have noticed I've been bringing attorneys with me uh, the last two months. Um, we do not know yet who will be your attorney in the interim while I'm on my leave. That's sort of up to your city attorney, up to Bin. Um, but going forward I'll be bringing an attorney with me every month. Um, likely as it gets closer to my leave, they'll take over and I'll just be sitting here. Um, but I wanted to give you all a heads up so that you know what that timetable is. So I'm due May 1st. Um, hopefully I'm not out of here too much earlier than that. Um, but there's always a possibility. Uh, so I just want to give everyone a heads up on that. Uh, we're not going to talk about it or deliberate on it because we're not posted, but that's what's going on.

Okay. Thank you'all. All righty. And uh are we going to go to executive session this evening? No, not again. Well, then if that is all, I will adjourn this meeting of the planning and zoning. Can we get a motion for it? Sorry. Oh, I'm sorry. Do I have a motion to adjourn? Mr. Chairman, I motion we adjourn this meeting. Do I have a second? Second. All righty. All in favor? Nay. Abs. Nay. Nay. Nay. We want to stay here till 10:00. All righty. And this meeting is adjourned at 8:49 p.m. Thank y'all. 8:49