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[Call to Order and Determination of Quorum]

[00:00:12]

TIME IS 6:01. THE PLANNING AND ZONING COMMISSION, CALL TO ORDER. IT LOOKS LIKE IT APPEARS WE HAVE A QUORUM. WE CONTINUE TO MOVE FORWARD THIS EVENING. ITEM 001. CITIZENS TO BE HEARD. THE COMMISSION INVITES MEMBERS OF THE PUBLIC TO ADDRESS COMMISSION ON ANY TOPIC NOT SCHEDULED FOR CONSIDERATION FOR ACTION ON THIS AGENDA. PRESENTING TO CITY STAFF PRIOR TO THE MEETING IN ACCORDANCE WITH THE MEETING.

COMMISSION CANNOT ACT ON ITEMS NOT LISTED ON THE AGENDA. DO

[002 Staff reviews of the cases that were heard by City Council in the last sixty (60) days.]

WE HAVE ANY CITIZENS TO BE HEARD? NO CITIZENS. WE WILL MOVE FORWARD. ITEM 002. STAFF REVIEW OF THE CASES THAT WERE HEARD BY CITY COUNCIL IN THE LAST 60 DAYS.

>> CHAIR, COMMISSION MEMBERS? LET ME GET TO THE RIGHT ONE.

JANUARY 9TH CITY COUNCIL MEETING, 2920 23, THE NURSING CARE CENTER AT 111 -- STREET WAS APPROVED FOR THE CITY COUNCIL, 70. THEY REQUESTED THE PARKING , THEY SHOW 14 PARKING SPACES OR FIGURE OUT THE PARKING SPACES BECAUSE THEY NEED TO DO TIGHTENING ON THAT. SP 2022-2023 109. IT WAS A -- COMMENTS. RECOMMENDATION WAS ADJUSTED TO SPECIFY THE TREE TYPES. AN INCREASE HEIGHT OF THE FENCING. AND PUSH IT BACK. C- 34, 2023 123. PD AMENDMENT --. APPROVED AS PRESENTED CONSISTENT WITH --. Z 2420 2375. MAINSTREET TOWN CROSSING WAS APPROVED . WITH RECOMMENDATIONS THEY SPECIFIED CONCRETE OVER ASPHALT. THEY WANT TO GO WITH THE ORIGINAL SIGNAGE PLAN. NO ELECTRONIC MESSAGE SIGNS. PARKING TO CONFORM WITH THE ZONING ORDINANCE. UPDATE THE LOAD ELEVATION TO PROVIDE A WHITE HIGHNESS. THOSE ARE RECOMMENDATIONS IN THE AMENDMENT TO THE RECOMMENDATION. SURE. WE SPECIFY CONCRETE THROUGHOUT THE DEVELOPMENT. NO ASPHALT. USE OF ORIGINAL SIGNAGE PLAN.

NO ELECTRONIC MESSAGE SIGNS. THE PARKING WILL NEED TO CONFORM TO THE ZONING ORDINANCE. 30%, 9÷18 SPACES.

UPDATE THE LOADING ELEVATION TO PROVIDE A WHITE HIGHNESS ON TOP. Z 2820 23 90 CONTINUING TO THE JANUARY 2020 THIRD CITY COUNCIL MEETING. SU P 1720 2398 WAS WITHDRAWN BY THE

APPLICANT. ANY QUESTIONS? >> THE NURSING HOME ON NINTH STREET. I THINK WE HAD TO DROP ONE OF THE SIDEBAR ROADS OF THE SITE STREET. DID THEY DO THAT?

>> THEY LET THEM KEEP THE CIRCLE DRIVE. BUT THEY ASKED TO GET THE FIRE LANE. THEY'RE GOING TO HAVE TO FIGURE OUT HOW TO MAKE IT 24 FEET WIDE AND PROVIDE 14 PARKING SPACES.

IT'S GOING TO BE PRETTY TIGHT. THEY HAVE TO DO IT FOR THE

ORDINANCE. OKAY? >> THANK YOU. MOVING ON TO

[003 Election of Officers]

ITEM 003. ELECTION OFFICERS. I WOULD LIKE TO RECOMMEND WE MOVE IT TO NEXT MONTH. SINCE ATTENDANCE IS LOW THIS EVENING.

[00:05:02]

A MOTION FOR THAT? >> A MOTION TO CONTINUE ITEMS 003 FOR THE NEXT ZONING COMMISSION.

>> A MOTION IN THE SECOND. ALL IN FAVOR?

[CONSENT AGENDA]

>> AYE. B TO ANY OPPOSED? IT PASSES UNANIMOUSLY.

>> MOVING ON TO THE CONSENT AGENDA. ITEM 004. CONSIDER THE MINUTES OF THE PLANNING ZONING COMMISSION MEETING DATED DECEMBER 19TH, 2023. ITEM 005. AND ACT UPON REQUEST FROM THE TOWN CENTER BEING PLUS OR -71.737 ACRES OUT OF THE -- SURVEY. SURVEY ABSTRACT --. ABSTRACT 609. WAS COUNTY, TEXAS. THE PROPERTY IS GENERALLY LOCATED ON WEST MAIN STREET , EAST OF THE U.S. HIGHWAY 67.

>> I WANT TO MOVE THE ITEM FROM THE PERCENTAGE. I HAVE A

COUPLE OF QUESTIONS. >> WE WILL REMOVE ITEM FIVE FROM THE CONSENT AGENDA. WE WANT TO MAKE A MOTION? ON THE MINUTES? PAVEMENT I MOVE WE --.

>> A MOTION AND A SECOND. ALL IN FAVOR?

>> AYE. >> ANY OPPOSED? THAT IS

[005 Consider and act upon a request for a Preliminary Plat for Main Street Towne Crossing, being +/-71.737 acres out of the J. Sharkey Survey, Abstract No. 1065, J.T. Rawls Survey, Abstract No. 933, and the W.P. Kerr Survey, Abstract No.609, City of Midlothian, Ellis County, Texas. The property is generally located on West Main Street, east of U.S. Highway 67. (Case No. PP05-2023-074).]

UNANIMOUS. I WANT TO OPEN UP FOR QUESTIONS FOR ITEM 005. IS

THAT OKAY? OKAY. >> OKAY.

>> ALL RIGHT. SAME QUESTION. DO WE HAVE A -- THAT SAYS BY PLAT. THERE IS NO NOTES OR ANY OTHER INFORMATION AS TO WHO BENEFITS WHO, WHO BURDENS WHO, WHO IS RESPONSIBLE TO MAINTAIN IT. I THINK IT IS PUTTING US INTO A POINT OF CONFUSION AS WE MOVE FORWARD. WHEN WE ARE DEDICATING AND IT SAYS BY PLAT WITH NO ADDITIONAL INFORMATION. THIS IS DIFFERENT

THAN UTILITY EASEMENTS. >> YOU LIKE FOR STAFF TO HAVE THEM ADDED NOTES THAT STATES IS RESPONSIBLE FOR MAINTENANCE ?

>> ABSOLUTELY. THE CITY MAY TAKE DEFECTIVE RESPONSIBILITY.

IT SAYS IN THE STORY PARAGRAPH THE EASEMENTS ARE DEDICATED FOR PUBLIC USE. IF IT IS NOT CODIFIED SOMEWHERE, EVEN THE ANCILLARY DOCUMENT WITH THE PLAN ITSELF. WE CAN GET INTO AN ISSUE WITH EXPECT THE CITY TO EDGE AND --. WE EXPECT THE PRIVATE DEVELOPER OR LOT OWNERS TO DO IT IN THE FUTURE.

I FEEL LIKE THIS IS SOMETHING WE SHOULD NOT LEAVE IT TO BE

AMBIGUOUS. >> IS THAT A QUESTION ARE

COMMON IN GENERAL? >> A QUESTION IN THE FACT OF, DO WE HAVE TO DO THAT? AND A COMMENT WE SHOULD PROBABLY MAKE THEM DO THAT IN THE FIRST PLACE.

>> OKAY. >> AND YES. WE'VE ASKED THEM TO DO THAT IF IT'S NOT ALREADY A COMMENT. WE WILL HAVE THEM AT SOME KIND OF NOTE. YOU CAN HEAR FROM THE APPLICANT AS WELL

AS HE WOULD LIKE. >> ULTIMATELY, IT'S A BEST INTEREST TO REMOVE AMBIGUITY. WE MAKE SURE GET THAT IN

THERE. THANK YOU. PETE . >> ANY OTHER QUESTIONS OR

COMMENTS? >> MAYBE I HAVE A QUESTION FOR THE APPLICANT. AT THE INTERSECTION OF --, MAINSTREET.

AND --. ACCESS ROAD. THERE IS A SINGULAR POWER POLE THAT IS JUST SITTING THERE. I DON'T KNOW IF IT IS IN THE RIGHT OF WAY IN THE UTILITY EASEMENT PLOT. SO --.

>> MICHAEL CLARK. ASSOCIATE 6750, HILL PRESS PLAZA, TWO 315, --. I DON'T KNOW THAT HE TOLD HER. BUT WE HAVE AUTOGRAPH SURVEY DATA. IT APPEARS THERE IS UNDERGROUND ALONG 67 ACCESS ROAD THAT GOES OVERHEAD AND JUMPS MAINSTREET TO GO OVER INTO THE WALMART DEVELOPMENT. KNOWING WHAT LEVEL PROJECT YOU GUYS ARE PUTTING IN THERE, THAT IS INSIDE UTILITY EASEMENTS, WITH THE RIGHT-OF-WAY, IT'LL BE AWESOME IF YOU COULD WORK WITH STAFF TO SEE WHAT IT TAKES TO MAYBE ELIMINATE THAT AERIAL ELECTRIC CROSSING. CITY AND PRIVATE AND PARTNERSHIP. WE

[00:10:06]

THINK IT DETRACTS FROM BOTH DEVELOPMENTS. IN THE QUALITY

CHARACTER EVENTS. >> AM HAPPY TO TAKE A LOOK AT IT. IT IS ACTUALLY COMPLICATED ENOUGH. DEVELOPMENT. WE HAVE THE CONSULTANT WORKING WITH ELECTRIC. I NORMALLY HAVE A GOOD HANDLE ON IT BUT I'LL FOLLOW UP WITH THEM.

>> IN QUEUE. >> THERE IS NO OTHER QUESTIONS. DO YOU WANT TO MAKE A MOTION BASED ON IT?

>> MAKE A MOTION TO APPROVE ITEM NUMBER FIVE WITH A RECOMMENDATION CLARIFICATION BE ADDED TO REGARDING THE EASEMENT AND STAFF WORKING TO SEE ABOUT REMOVING THE OVERHEAD ELECTRIC

CROSSING? >> SECOND.

>> WE HAVE A MOTION AND A SECOND. ALL IN FAVOR?

[006 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) for a building wall sign on the rear façade of the building. The property is presently zoned Single Family Tree (SF-3) District. The property is located on +19.384 acres, Lot 1A, Block 1 of First Baptist Church. (Case No. SUP24-2023-132).]

>> AYE. >> OPPOSED? THE MOTION PASSES UNANIMOUSLY. MOVING INTO THE PUBLIC HEARINGS. ITEM 006.

CONDUCT PUBLIC HEARING TO CONSIDER AND ACT UPON THE ORDINANCE FOR THE SPECIFIC USE PERMIT FOR THE BUILDING SIGNED ON THE REARVIEW SIDE OF THE BUILDING. PRESENTLY ZONED SINGLE-HANDEDLY --. PROPERTY IS LOCATED ON PLUS OR -19 384 ACRES. LOT 1 A. FIRST BAPTIST CHURCH.

>> THANK YOU. >> THIS IS A REQUEST FOR THE USE PERMIT TO BE ABLE TO INSTALL SIGNAGE ON THE REAR OF THE FIRST BAPTIST CHURCH BUILDING. THE ZONING ORDINANCE DOES ALLOW FOR SIGNAGE ON -- ON THE BUILDING. IT DOES HOWEVER STATE THAT SIGNAGE ON THE REAR OF THE BUILDING IS PROHIBITED. THE APPLICANT IS SITTING ON 19.384 ACRES. AS YOU CAN SEE HERE, NOT A WHOLE LOT. IT IS THE MAJOR THOROUGHFARE, AND OF COURSE THE FRONTAGE ROAD. THIS IS CURRENTLY ELEVATIONS OF THE BUILDING. AS YOU CAN SEE. THE TOP TWO HAVE REBRANDED. THE TWO SIGNS ARE CURRENTLY EXISTING. THE SIGN THAT IS REQUESTED IS THE BOTTOM ELEVATION. AND THAT IS THE NEW PROPOSED SIGN. SO, THE APPLICANT IS REQUESTING THIS FOR TWO REASONS. THE FIRST ONE BEING IN 2008, THERE WAS AN EXPANSION TO THE BUILDING THAT CAUSED SOME OF THE SIGNAGE TO BE LESS VISIBLE FROM THE -- PARKWAY. ONE POINT, RECENTLY, THEY HAVE HAD MORE TRAFFIC THAN INTENDED FOR EITHER BAYLOR MEDICAL CENTER OR THE METHODIST HOSPITAL. THIS IS HAPPENING MULTIPLE TIMES A WEEK. THEY THINK THEY, TO RECEIVE MEDICAL CARE BUT THEY ARE ACTUALLY IN THE CHURCH. AS YOU CAN SEE HERE. THIS IS THE PROXIMITY OF METHODIST HOSPITAL. BUT ACROSS THE STREET. AND THE URGENT CARES RIGHT DOWN THE ROAD. AS THE ELEVATION SHOWS. THE EXISTING SIGNAGE IS 88 SQUARE FEET ON ONE END. AND 88 SQUARE FEET ON THE OTHER LOCATION HERE. THE NEW PROPOSED SIGNAGE IS AT THE REAR OF THE BUILDING. IT IS ONLY 53 SQUARE FEET. THE SIZE OF FACILITIES, THE MAXIMUM SIGNAGE WILL BE ABOUT 300 SQUARE FEET. WITH THE EXISTING SIGNAGE AND THE PROPOSED SIGNAGE ON 71 SQUARE FEET UNDER THAT MATH. AGAIN, THERE IS ANOTHER PICTURE OF THE SIGNS EXISTING AND PROPOSED. STAFF IS RECOMMENDING APPROVAL.

WE HAVE NOT RECEIVED ANY LETTERS OF OPPOSITION.

>> THE ORDINANCE TO OUTLAW THE SIGNAGE --.

>> THE WAY THE ORDINANCE READS IS THAT BUILDINGS ARE ALLOWED TO HAVE SIGNAGE ON MORE THAN ONE FACADE WITH A SPECIFIC USE PERMIT. WHERE SIGNAGE IS PROHIBITED. IN THIS INSTANCE, AGAIN. I BELIEVE THAT IT IS , THEY ARE STILL MEETING THE -- OF THE ZONING ORDINANCE. WHEN THE ORDINANCE WAS PUT INTO PLACE, THEY MIGHT'VE BEEN TALKING ABOUT A HARD CORNER OR RETAIL BUILDING. SOMETHING LOOK AT KROGER. THIS IS A LARGE OFFICE BUILDING. A PLACE OF WORSHIP.

>> DO WE HAVE A DEFINITION OF PRAYER SIGNAGE?

>> NO. NOT WITH OUR DEFINITION.

[00:15:02]

>> THE BUILDING WITH -- ARCHITECTURE. WHICH IS WHAT IS GENERALLY PREFERRED AND REQUIRED ON BUILDINGS THAT CAN BE SEEN CLEARLY FROM EVERY ANGLE. SHOULD BE EXEMPT FROM THAT. TO VERIFY THE CODE OF ORDINANCE. WE CAN SHORED UP TO STAFF. MEANT COMIC A NOTE OF THAT. ANY OF THE QUESTIONS.

>> ANY OTHER QUESTIONS FOR STAFF?

>> THANKS. MOTION TO POSTPONE THOSE -- POSTPONE THE HEARING.

ALL IN FAVOR? >> AYE.

>> ANY OPPOSED. IT PASSES UNANIMOUSLY. DOES ANYBODY WISH

TO SPEAK? >> I MAKE A MOTION TO APPROVE

AS RECOMMENDED BY STAFF. >> SECOND.

>> A MOTION AND A SECOND. ALL OF IN FAVOR? ALL OPPOSED? THE

[007 Conduct a public hearing and consider and act upon an ordinance amending the zoning of +/-4.7 acres within the B.F. Hawkins Survey, Abstract 464, from a Commercial © District to a Planned Development District to allow for the construction of two (2) hotel buildings and establish use and development regulations in reference to the new use. The property is generally located at the northeast corner of Methodist Way and U.S. Highway 287 Service Road (Case No. Z33-2023-125)]

MOTION PASSES UNANIMOUSLY. >> ITEM 007. CONDUCT THE PUBLIC HEARING TO CONSIDER THE ACT UPON THE OF THE ZONING PLUS OR -4.7 ACRES WITHIN THE BF FALCONS SURVEY ABSTRACT 464 CONSTRUCTION OF THE BELTON REGULATION . LOCATED AT THE NORTHEAST CORNER OF METHODIST WAY AND U.S. HIGHWAY 287

SERVICE ROAD. >> ITEM NUMBER SEVEN FOR THE DEVELOPMENT TO THE RIGHT OF THE SCREEN YOU SEE THE LOCATION OUTSIDE OF THE PROPERTY AROUND 4 1/2 ACRES WHICH IS CURRENTLY IN DEVELOPMENT. THE REQUEST TO REZONE THE SUBJECT PROPERTY. TO ALLOW THE CONSTRUCTION OF TWO HOTEL BUILDINGS AND IT DESIGNATES THE AREA AS --.

SHOWS A LARGER IMAGE OF THE LOCATION EXHIBIT METHODIST HOSPITAL RIGHT HERE TO THE NORTH PROPERTY. THE PROPOSED DEVELOPMENT AS WE SEE ON THE SCREEN SHOWS THE OVERALL SITE LAYOUT WAS BEING PROPOSED AND WILL BE CONSTRUCTED IN TWO DIFFERENT PHASES. YOU SEE IT OUTLINED IN RED AT THE TOP. IS GOING TO BE THE HAMPTON SUITES. OUTLINED IN PURPLE TO THE SOUTH. IT'S GOING TO BE ANOTHER PAIR SUITES. IT'S GOING TO GO TO DETAIL WITH EACH PHASE. STARTING WITH PHASE ONE OF THE TOP. PROPOSED HAMPTON SUITES. LOT 1 OF THE DEVELOPMENT UNDER 2.3 ACRES. PROPOSED BUILDING SIGN IS OVER 14,000 SQUARE FEET BEING 93 GUEST ROOMS AND FOUR STORIES TALL. IT IS THE CORPORATE AND LEISURE GUESTS TO EXPECT ANYWHERE FROM 21 TO 2 DAYS. TYPICALLY WEEKEND STAY. IT IS TO THE SOUTH OUTLINED IN PURPLE. PROPOSED HOME SUITE HOTEL. CONSTRUCTED 24 MONTHS AFTER THE FIRST HOTEL. AND THE APPLICANT IS HERE AS WELL. ANY CHANGES HAPPENING , WE CAN LET THE APPLICANT SPEAK LITTLE BIT MORE TO THAT. IT'S GOING TO BE A LOT , TOO .2 ACRES. PROPOSED BUILDING SIZE, 13,102 SQUARE FEET. 91 GUEST ROOMS. IT CAN BE A FOUR-STORY HOTEL. MORE TARGETED TOWARDS CORPORATE GAS MEETINGS, THE BASIS OF THE CORPORATE STAYS. PEOPLE WHO INTEND TO STAY HERE DURING THE WORK WEEK, FIVE BUSINESS DAYS OR SOMETHING AROUND THAT. THESE ARE THE PRIMARY DIFFERENCES BETWEEN TWO HOTELS. HE DEVELOPED A STANDARD CHART IN RELATION TO COMMERCIAL STANDARDS. IN THE SECOND COLUMN. THE PICS CITY FOR THE COMMERCIAL AND THE THIRD COLUMN. THE APPLICANT IS PROPOSING FOR EACH LOT. IN THE FAR RIGHT-HAND COLUMN, WHETHER THE APPLICANT IS MEETING THE REQUIRED STANDARDS OF THE MARSHALL OR NOT. IT IS MEETING ALL THE REQUIREMENTS WITH THE EXCEPTION OF THE BUILDING HEIGHT. PER THE COMMERCIAL ZONING MAXIMUM HEIGHT IS 50 FEET. LOT ONE BEING THE HAMPTON INN SUITES. IT'S GOING TO BE A MAXIMUM HEIGHT FROM GROUND TO THE HIGHEST POINT OF 61. IT'LL BE THE HOME SUITES BEING THE MAXIMUM HEIGHT OF 59 FEET. WE WANT TO NOTE. THE ROOF LINE, BOTH WILL BE OVER 48 FEET. WITH THE

[00:20:04]

GOVERNMENT ABOVE THE ROAD, WE WILL TAKE IS 51 FEET OR SO.

THIS DEPICTS A LANDSCAPE PLAN. CREATING --. THIS IS THEIR LANDSCAPE IS BEING PROVIDED IN THE NEXT FEW SLIDES, WILL TOUCH ON THAT. PHASE ONE AND HANDED IN SUITES. IT IS FROM THE SIDE ANGLE. IF APPROVED, HE WAS A RENDERING OF WHAT THE APPLICANT IS PROPOSING THE BUILDINGS THE LIKE. GOING OVER THE FACE TO HOME SUITES. FOUR STORIES IS CONSTRUCTED OF STONE MATERIAL.

HERE IS A SIDE VIEW POINT OF WHAT IS BEING PROPOSED. IS A RENDERING IF APPROVED. WHAT THE FINAL PRODUCT LOOKS LIKE FOR THE HOME SUITE HOTEL. WE INCLUDED THIS IN THE STAFF REPORT. THE APPLICANT IS PROVIDING THE FUTURE ROADWAY.

THE ACCESS POINTS ALONG THERE. AGAIN, HERE'S A SUBJECT PROPERTY IN THE METHODIST HOSPITAL HERE. BROOKSHIRES.

THE APPLICANT IS PROPOSING TO CONSTRUCT THE METHODIST WAY UP UNTIL WITH THE SUBJECT PROPERTY ENDS. THIS DOES GO UP ALL THE WAY UP TO --. THEY ARE INTENDING TO STOP RIGHT HERE TO HAVE ACCESS TO THE SUBJECT PROPERTY. THEY ARE PROVIDING TO ACCESS POINTS OFF OF --. IT'LL BE ALONG THE --.

THE PRIMARY ACCESS POINTS WILL BE ALONG --. WHILE THE APPLICANT UNDERSTANDS THE INTENT TO CONSTRUCT , FUNDING IS BEING DISCUSSED BETWEEN APPLICANT STAFF AND CITY COUNCIL. THIS IS SOMETHING THAT'LL COME AT A LATER DATE.

STAFF APPROVAL IS BASED ON THE ACCESS POINTS. ALONG THE WAY THERE. WE DID NOT RECEIVE ANY LETTERS OF SUPPORT OR OPPOSITION. STAFF RECOMMENDS APPROVAL AS PRESENTED. THE CONCLUSIVE PRESENTATION. IN THE APPLICANT IS HERE FOR ANY QUESTIONS AS WELL. TO THE SECOND ACCESS POINTS. IS IT

OFF THE BERKSHIRE PARKING LOT? >> WILL BE IN THE EMERGENCY ACCESS POINT. THEY PROPOSING TO ACCESS POINTS ALONG HERE. I WILL SPEAK TO IT AS THE AREA DEVELOPS AND FUTURE ACCESS POINT ALONG THE SURFACE ROAD HERE. TWO PRIMARY ACCESS POINTS WILL BE ALONG -- COME UP WITH THE EMERGENCY ACCESS POINT. .

BETWEEN THE END OF THAT AND GEORGE HOPKIN?

>> FORGIVE ME, I'M NOT SURE. TALKING ABOUT THIS POINT?

>> NOT FAR. >>

>> PHASE ONE HAMPTON INN SUITES BY HILTON WILL HAVE THESE GUEST ROOMS. HOW MANY ARE SUITES AND HOW MANY ARE

REGULAR GUEST ROOMS? >> I WILL LET THE APPLICANT

SPEAK TO THAT. >> DID YOU SAY PHASE ONE OF

PHASE TWO? FOR PHASE ONE. >> 93 GUEST ROOMS.

>> WHAT IS THE HEIGHT OF THE METHODIST HOSPITAL?

>> THIS IS AT LEAST 90 FEET. 96, 97, EXACTLY.

>> IS IT ABOVE OR BELOW THE FINISHED ELEVATION?

>> I THINK IT IS ABOVE FROM NOT MISTAKEN. OKAY.

>> ANY OF THE QUESTIONS FOR STAFF?

>> WITH THE APPLICANT TO PRESENT -- WOULD THE

APPLICANT LIKE TO PRESENT? >> --, REPRESENTING THE APPLICANT. I'M REALLY HERE TO ANSWER QUESTIONS AND ESSENTIALLY QUESTIONS YOU ASK. SOMEWHAT COVER IT. IT IS SLIGHTLY ABOVE THE DEPOSIT TREAT OF THE HOTEL SIDE IS SLIGHTLY ABOVE HOSPITAL. THE HOSPITALS ALMOST TWICE AS HIGH.

THERE ARE THE WALLS THAT ARE UP ISSUE . NOT THE PERCEIVED HEIGHT OF THE BUILDING. THIS IS A PROJECT INTENDING TO HELP SUPPORT THE ACTUAL HOPS -- HOSPITAL FACILITY. IT IS NOT IN PROXIMITY TO ANY PROPOSED FUTURE RESIDENTIAL USES. IT'LL

[00:25:04]

CERTAINLY BE MORE SENSITIVE. IT IS AN AREA THAT IS PROPOSED TO BE RETAIL IN THE QUADRANTS WITH FOOD USES JOINING THE ACTUAL PROPOSED HOTEL. THE HOTEL HOT TAXES ARE EXPECTED TO GENERATE HALF $1 MILLION A YEAR FOR THE FULL PROJECT FOR 4 MILLION FOR EACH ENTITY. WE ARE HAPPY TO ANSWER QUESTIONS.

ATTENTION OF THE FACILITY IS TO SERVE THE HOSPITAL SIDE AND INCREASING NEEDS AS IT RELATES TO PUBLIC INTEREST IN OUR AREA. SPORTS FACILITIES AND SPORTS PROGRAMS MEETING -- IN THE AREA. IF YOU HAVE THE BENEFIT OF PUTTING A CORPORATE EMPLOYEE UP LATELY IN TERMS OF HER LOCATION. THE LAST TWO I BROUGHT IN THAT WERE CORPORATE USES FOR THINGS LIKE --. WE HAD TO HOUSE THEM OUT OF TOWN. THERE'S EITHER NOT A ROOM AVAILABLE OR THE ROOM DID NOT MEET REQUIREMENTS NECESSARY FOR THE CORPORATE EXECUTIVES COME INTO TOWN.

I'M HAPPY TO ANSWER QUESTIONS IF WE CAN. DO YOU HAVE ANY FOR

THE APPLICANT? >>

>> IS AT THE CITY'S PORTION OF THAT OR THE AGGREGATE

COLLECTION OF THE CONTENTS? >> ONE OF THE SITE IS THE

CITY'S PORTION. >> OKAY.

>> THE THING THAT EXTENDS PAST THE TOP FLOOR. IS IT TYPICAL IN THE BRANDS DESIGNED? FOR IT IS THE STANDARD DESIGN FOR THE BRAND. IT IS FORCED TO HIDE WHAT IS IN THE ROOF LINE.

>> THE MAXIMUM STANDARD AS IT RELATES?

>> ANOTHER REASON OR REQUIREMENT THAT WE HAVE. ANY OF THE QUESTIONS FOR THE APPLICANT? FOR WHAT IS THE SPLIT OF UNIT AND THAT, TYPICALLY? HOW MANY ARE SUITES AND HOW MANY ARE SINGLE ROOMS?

>> THEY ARE PREDOMINANTLY SUITES. DO YOU WANT TO ANSWER

ANY? >> AND I HAVE THE EXPERIENCE, BUT WE ARE NOT TRAVELING LIGHTLY WITH CHILDREN. WHEN NOT TRAVELING LIGHTLY, I PREFER TO STAY IN THE STYLE AND IT GIVES ME LITTLE MORE ROOM TO SPREAD OUT AND LET ME EAT PIZZA IN THE ROOM A LITTLE EASY.

>> THE ONLY CONCERN I HAVE IS THE -- CONCERN. IT IS A HIGH VISIBILITY AREA. IT IS RETAIL RELATIVE TO THE BYPASS. IT IS DEFINITELY GOING TO BE A GATEWAY FEATURE AS WE GET INTO THE HEART OF THE COMMUNITY. WHAT I SEE HERE IS THE SAME ESSENTIAL ARCHITECTURE THAT I DROVE PAST. AS THE TUMBLEWEEDS BLEW THROUGH WEST TEXAS. I DON'T SEE ANYTHING HERE THAT MAKES ME GO WOW. THAT IS A NICE --. WE'VE ALL DONE THAT.

HOLIDAY INN OR WHATEVER. IT IS JUST A BOX. THAT WOULD HAVE LITTLE POP TO ITS. AS VISIBLE AS IT'S GOING TO BE. WHEN YOU GET TO CITY COUNCIL, THEY WILL WANT TO SEE A COP DO IT. THAT GOT APPROVED RECENTLY. BEHIND THE WAFFLE HOUSE. THEY GOT BEAT UP A LITTLE BIT ON THAT. I HAD CONCERNS ABOUT THAT ONE TIME. PERSONALLY. I LOOK AND REALIZE THAT'S NOT THE REQUEST OF COURSE. I THINK THE ARCHITECTURE IS A LITTLE BIT UNINSPIRED SUFFICIENTLY FOR THE METHODIST BUILDING.

>> CHRISTIAN OH --? >> ANY OTHER COMMENTS FOR THE

APPLICANT? >> NEXT. FOR NOBODY'S LISTED

TO SPEAK ON THE ITEM. >> WE CAN CLOSE THE PUBLIC

HEARING. >> SECOND.

>> EMOTION AND A SECOND TO CLOSE THE PUBLIC HEARING. ALL

IN FAVOR? >> AYE.

>> ALL OPPOSED? THE MOTION PASSES UNANIMOUSLY.

>> THE ELEVATION DRAWINGS LOOKING AT TONIGHT'S, IS CONSIDERED PART OF THE ACTUAL APPROVAL? IS THERE A

[00:30:04]

SUBSIDIARY SITE PLAN APPROVAL DOWNSTREAM?

>> PRETTY MUCH WHICH YOU SEE IS INCLUDED IN THE ORDINANCE.

>> ANY OTHER QUESTIONS OR COMMENTS FOR THE STAFF?

>> AS I SAID, I'M NOT A FAN OF APPROVING THE ZONING FOR THE TWO PHASES.

>> AND MAKE A MOTION TO APPROVE.THERE IS A MOTION AND A SECOND. ALL IN FAVOR? ALL OPPOSED?

>> AYE. >> THE MOTION PASSES.

>> >> ITEM NUMBER 008. CONSIDER

[008 Consider and act upon an ordinance relating to the use and development of two lots being .273+/- and .351+/- acres of land situated in the R Horton Survey, Abstract 508, respectively and commonly known as 503 and 505 South 9th Street, and by changing the zoning from Residential Three (R-3) District to an Urban Village Planned Development (UVPD) District for professional office uses. (Case No. Z35-2023-133)]

AND ACT UPON THE ORDINANCE RELATING TO USE AND DEVELOPMENT OF THE TWO LOTS BEING .273+ OR MINUS AND .351 PLUS OR MINUS ACRES OF LAND SITUATED IN THE SURVEY ABSTRACT 508.

RESPECTABLY AND COMMONLY KNOWN AS 503 AND 505 SOUTH MAIN STREET, BY CHANGING THE ZONING FROM RESIDENTIAL THREE DISTRICT TO AN URBAN VILLAGE PLANNED DEVELOPMENT DISTRICT FOR

PROFESSIONAL OFFICE USES. >> THANK YOU, CHAIRMAN AGAIN.

NEXT CASE FOR THE EVENING IS ITEM NUMBER EIGHT RELATED TO Z 35 DASH 2023 E- 133. THE APPLICANT IS PROPOSING OFFICE USE WITHIN THE PPD -- YOU PPD. 0.264 ACRES. THERE IS CURRENTLY VACANCY RESIDENTIAL HOMES REQUESTING TO BE USED FOR PROFESSIONAL OFFICE USE. IT MAKES IT NECESSARY AS THE TOWN MODULE AND THE NEXT SLIDE DEPICTS A LARGER IMAGE OF THE LOCATION EXHIBIT. AS YOU GO TO THE SOUTH, YOU WILL GO TO THE BASEBALL FIELD. THE NEXT SLIDE DEPICTS ALL THE LAYERS. I'M LOOKING AT TWO PROPERTIES. AND, AT THE NORTH PROPERTY HERE. THE INFORMATION ALONG LEFT-HAND SIDE. APPLICANT IS REQUESTING TO CONVERT TO VACANCY RESIDENCIES TO OFFICE USES. FOLLOWED BY THE -- SOUTH OF THE PROPERTY HERE. IT'S GOING TO BE RENOVATED AND OCCUPIED FIRST. BEING RENOVATED AND OCCUPIED AT A LATER DATE BE USED FOR FOR PROFESSIONAL OFFICE USES. IT'LL BE CONSISTENT WITH THE CHARACTER OF THE SURROUNDING NEIGHBORHOOD AREAS. THE EXISTING FAMILY RESIDENCES WITHIN THE SURROUNDING AREA. THERE WERE HOMES CONVERTED TO PROFESSIONAL OFFICE USE. PROFESSIONAL OFFICE USES AS WELL AS WE CONTINUE TO DEVELOP IN THE SOUTH. FORGIVE ME IF I SAID THAT WRONG. APPROVING THIS WILL NOT BE OUT OF CHARACTER FOR THE SURROUNDING AREA.

PROPOSED CHANGES TO THE SITES. WE CAN SPEAK A LITTLE BIT MORE TO THIS. PROVIDING FOR THE PARKING SPACES. ONE OF WHICH WILL BE IN THE HANDICAP SPACE. AND HANDICAP ACCESSIBILITY TO THE SITE MAKING CHANGES TO THE HOME A.D.A. ACCESSIBLE. AND THEY HELP INCREASE THE AESTHETIC OF THE HOME. THIS IS INTENDED TO BE DONE FOR THE BOTH PROPERTIES. AND FOLLOWED

[00:35:02]

AT A LATER DATE. AND PROPOSED FOR THE MONUMENT SIGN. MAXIMUM SQUARE FOOTAGE OF THE SQUARE FEET. IN THE FOUR FOOT MAXIMUM HEIGHTS FOR THE PROPOSED SIGNAGE. IT'LL BE CONSTRUCTED OF THE MATERIAL MADE OF STONE MATERIAL. THE NEXT SLIDE DEPICTS A DEVELOPMENT STANDARD CHART IN RELATION TO THE GENERAL PROFESSIONAL STANDARDS PART OF THE ZONING ORDINANCE.

THE SECOND ITEM DEPICTS WHAT THE STANDARDS ARE. FOR THE CITY OF THE ZONING ORDINANCE. THE COLUMN DEPICTS WITH THE APPLICANT PROPOSES AND DEPICTS WHETHER THE APPLICANT IS MEETING IT OR NOT. EVEN THOUGH THE APPLICANT IS MEETING EVERYTHING WITH THE EXCEPTION OF THE LOT AREA, AND INTERIOR SIDE YARD. THE HOMES HAVE BEEN ON THE EXISTENCE SINCE 1950.

THIS IS THE REFERENCE POINT BETWEEN THE PD TO SHOW THE PROFESSIONAL. THIS IS SOMETHING THAT IS BEEN EXISTING AND SURROUNDING HOMES. IN REFERENCE TO THE STANDARD AS WELL. STAFF RECEIVED TWO LETTERS OF SUPPORT FOR THE PROPOSED CHANGE. ONE LETTER OF SUPPORT AND WE DID RECEIVE A LETTER AFTER THE FACT THAT ONE OUT. BOTH WITHIN 200 FEET OF THE SUBJECT PROPERTY. STAFF RECOMMENDS APPROVAL OF THE PROPOSED CHANGES. THAT CONCLUDES THE STAFF PRESENTATION AND THE APPLICANT IS HERE AS WELL.

>> ANY QUESTIONS FOR THE STAFF? TO TO MAKE SURE WE UNDERSTAND.

THERE ARE TWO STRUCTURES. THE PROPOSED STRUCTURES WILL REMAIN

DURING? >> IS SLIGHTLY MODIFIED.

>> THERE'S GOING TO BE FOR TOTAL PARKING SPACES?

>> THAT'S NOT OUT OF THE ORDINARY. IT IS DUE TO THE SPACE THEY ARE DEALT WITH. IT'S KIND OF HARD TO SEE HERE.

WE HAVE TWO SPACES HERE AND THIS IS GOING TO BE HANDICAP SPACE. THEY ARE LOOKING AT THE SAME WAY.

>> HOW MANY OF THE OTHER PROPERTIES YOU MENTIONED ONLY HAVE ACCESS ONTO --. AND DON'T HAVE THE SIDE STREET

ELEMENT? >> THEY HAD ACCESS FROM --.

>> BUT ONLY SOUTH MAIN STREET?

>> I DON'T KNOW IF THEY HAVE ACCESS FROM THE REAR.

>> I DON'T DISAGREE WITH THE USE. WE HAVE TWO OPPOSITE BUILDINGS THERE. AND YOU HAVE TWO EMPLOYEES IN EACH ONE. NOW WE ARE OUT OF PARKING. B MAC UNDERSTOOD.

>> RIGHT? >> I DON'T HAVE A PROBLEM WITH THAT. IT ALLOWS US TO THROW THE RULES OUT WHEN IT COMES TO THOSE THINGS. BUT I WORRY ABOUT NIGHT STREETS. WITH THE NURSING CARE CENTER. IT DOESN'T HAVE ANY OTHER OPTION.

BUT I FEEL LIKE WE ARE SETTING OURSELVES UP FOR A PROBLEM. BY NOT HAVING A GOOD RESPONSE. I THINK YOU HAVE STUFF ON PARKING

HERE. IF YOU HAVE CUSTOMERS, >> YEAH. I GET WE ARE SEEING FROM THAT END. THIS IS LOW-IMPACT TO USE. LOOKING AT IT FROM THAT ANGLE AND THE AMOUNT OF SPACE THEY HAVE AND ARE ALLOWED TO USE IS WHERE YOU'RE COMING FROM. BASED ON THE IMPACT THE USES WILL HAVE. WE ARE NOT EXPECTING ANYTHING.

OFFICE AND THE GENERAL PROFESSION? I THINK YOU COULD.

YOU WILL GENERALLY HAVE 3 TO 4 STAFF MEMBERS IN HIS OFFICE AND THEY MAKE THE MONEY BY ENSURING ALL THE CHAIRS ARE FILLED OUT

MOST OF THE TIME. RIGHT? >> THAT'S WHERE I HAVE CONCERNS. BECAUSE THERE IS NO CIRCULATION IN THE PARKING AT ALL. NO SIDE STREETS. I'M WORRIED, SINCE THERE ARE NO SIDE STREETS, NO CIRCULATION, THERE'S NOT ENOUGH SPOTS FOR CARS ON. THAT'S A NEW PROBLEM.

>> IS THAT FOR FOR EACH PROPERTY? A TOTAL OF EIGHT?

>> RIGHT. IT'S GOING TO BE USEFUL.

>> YEAH. I THOUGHT, SO. THE PROPOSED CHANGES ALONG

[00:40:07]

LEFT-HAND SIDE. THEY HAVE THE SAME CHANGES AT 503 SOUTH OF NINTH STREETS. IT IS STARTING AT FIVE OF FIVE FIRST. THEY'RE COMING BACK AT A LATER DATE. THE CHANGES MAKE IT A.D.A.

ACCESSIBLE. THEY LOOK EXACTLY THE SAME.

>> WHEN WE RECEIVED THE ORIGINAL DRAFT OF THE ORDINANCE. I HAD THE SAME QUESTION. TO BE SURE AND EVERYBODY WAS CLEAR. I MADE SURE THE ORDINANCE IN THE DRAFT WAS AT LEAST FOUR WITH THE HANDICAP SPACES. ON A TRACT.

SEXTON TO -- SECTION 2 OF THE ORDINANCE, THEY SHOULD IN THE PARKING SECTION ACROSS THE MARKETING ON SUCH TRACKS.

>> EACH TRACK OVER THE PROPERTY IS MOVING TO TRACKS.

WE DESCRIBE THE PROPERTY. WE DESCRIBE IT IS TO TRACKS. FOR THAT PURPOSE. THE TRACKS AS THEY EXIST ON THE CURRENT UNPLANNED STATE ARE NOT EXACTLY THESE DIMENSIONS. WE HAVE THE GO-AHEAD TO EVEN OUT THE AREAS.

>> AS LONG AS YOUR COMPANY. >> THAT IS NOT HOW I READ THE

ORDINANCE. >> DISREGARD THAT.

>> DO WE NEED TO UPDATE THAT? >> THE ONLY OTHER THING I CAN DO FOR THE DEFINITION OF WHAT IS --. DESCRIBE THIS BOTH TRACKS TO GATHER. WE DID THE PROPER DESCRIPTION. IN SECTION

1. >> USE OF THE 0.273 -- ANNA ZERO --. OUT OF. THIS WILL NOT EXIST AFTER IT'S BEEN APPLIED. FOR TO ADJUST TO MEET THE SITE PLAN AND THE ORDINANCE, THEY HAVE TO COME IN AND --. THEY HAVE TO SHIFT THE

PROPERTY LINE. >> CAN WE CHANGE IT TO THE PERP

PLOTTED LOTS. >> WE COULD. BUT IT'S NOT

PLOTTED YET. >> IT COULD ACCESS DOWN THE

ROAD? >> THE ANSWER IS YES. BUT --.

>> WITH THE APPLICANT LIKE TO --? ANY COMMENT?

>> PLEASE STATE YOUR NAME IF YOU DON'T MIND.

>>

CEMETERY. >> WE DID ABOUT 15 HOUSES

DOWNTOWN. >> THIS HOUSE RIGHT HERE? WE FOUND OUT AT THE BOTTOM ONE. IT WAS THAT BUILT THE HOUSE.

WE WILL BRING IT BACK TO US MUCH AS WE CAN. THAT'S WHY WE HAVEN'T DONE ANYTHING. WE CAN MAKE IT REALLY NICE. I LIKE TO MAKE IT A DUPLEX OF SOME TIME. IT'S SET UP LIKE A DUPLEX.

IT'S NOT. GOING TO LOOK LIKE THAT HOTEL.

[00:45:07]

WE'RE GOING TO MAKE IT NICE AND HEAVY METAL -- AND WE'RE

GOING TO ENLARGE IT. >>

>> THANK YOU, SIR. ANY OF THE QUESTIONS FROM THE APPLICANT?

>> THANK YOU. >> I HAVE A MOTION AND A

SECOND. ALL IN FAVOR? >> CHANNEL AND.

>> THE PASS IS UNANIMOUS. >> LANGUAGE TO CLARIFY PARKING

SPOTS PER TRACT. >> EMOTION AND THE SECOND. ALL IN FAVOR. ALL OPPOSED? THE MOTION PASSES UNANIMOUSLY.

[009 Conduct a public hearing and consider and act upon an ordinance amending the City of Midlothian Texas Code of Ordinances by amending Chapter 10 titled “Subdivision Regulations” by adding a new article 10.05 titled “Parkland Dedication and Dedication Fees” to provide requirement for new development to contribute to the creation and enhancement of parks and open spaces throughout the City (Case No. OZ06-2023-96).]

>> ITEM NUMBER 009. CONDUCT THE PUBLIC HEARING TO CONSIDER AND ACT UPON THE ORDINANCE DEMANDING -- BY AMENDING CHAPTER 10 TITLE SUBDIVISION REGULATIONS AND ADDING ANY ARTICLE 210.05 TITLED " PARKLAND DEDICATION AND DEDICATION FEES." TO PROVIDE DEVELOPMENT REQUIREMENTS FOR NEW DEVELOPMENTS CONTRIBUTE TO THE CREATION AND ENHANCEMENT OF PARKS AND OPEN SPACES THROUGHOUT THE CITY.

>> EVENING. WE HOPE EVERYBODY'S DOING WELL TONIGHT AND STAYING WARM. THE CHARTER VISION 2023. WITH SEVERAL BIG IDEAS. THEY CULMINATED WITH THE BIG IDEAS. BIG IDEA ONE WAS CONNECT THE TRAIL NETWORK. AND PROPERTY DEVELOPMENT PARKS. NUMBER FIVE WAS THE ADOPTED ORDINANCE. DEVELOPMENT STANDARDS. THAT BRINGS US HERE TONIGHT. THE DEDICATION ORDINANCE WOULD MOVE WITHIN THE SUBDIVISION. THERE IS A PORTION OF THAT. WHENEVER ANYBODY COMES IN , IT'LL TRIGGER THE DEDICATION OF PARKLAND DEDICATION. IT'LL BE REDUNDANT TONIGHT. WE HAVE THE DEVELOPMENT COMMUNITY . THEY WOULD LOOK AT THE TITLE DEVELOPMENTS, WHAT LAND IS AVAILABLE WHAT IS NEEDED IN THAT AREA. THROUGH THAT, IT IS RECOMMENDED BASED ON THE ORDINANCE RECOMMENDING TONIGHT. HOW MUCH LAND IS DEDICATED. WE CAN UTILIZE THE FLOODPLAIN. IF IT DOESN'T MAKE SENSE AND THE ORDINANCE IS ONE ACRE LOTS. IT MIGHT BE OPTIONAL FOR THE ORDINANCE. RATHER THAN DEDICATE LAND. DEDICATE THE FEE IN LIEU OF THE LAND.

IT GOES TO THE DEVELOPMENT OF THE PARKS IN THE GENERAL AREA.

UTILIZE DESIGN WORKSHOP WILL DEVELOP THE NATIONAL MASTER PLAN TO COME UP THE AMOUNTS. WE TOOK IT LAST WEEK IN THE LAND OF THE DIFFERENT TRACT THAN INITIALLY RECOMMENDED.

$1500 PER PROPOSED DWELLING UNIT. THREE HOMES IN LIEU OF DEDICATION IS $4500 AND BEYOND. ALONG WITH THAT IT'S UP PARK DEVELOPMENT FEE. IT IS HOW MANY DOORS IN ADDITION TO THE LAND DEDICATION. HOWEVER MANY DOORS THE DEVELOPMENT TEAM WILL BE DUE AT THE BUILDING PERMIT. THE RECOMMENDATION IS THE $2000 PER PROPOSED DWELLING UNIT. WE GO THROUGH THE DEVELOPMENT REVIEW PROCESS TO DETERMINE HOW MUCH AND THE OPTIMAL AND WILL BE. IT'LL BE DEDICATED TO THE CITY IS PARKLAND. FINAL PLAT , IT'LL COME TO THE CITY AND WE DEVELOP THAT WE COULD ALSO UTILIZE PARK DEVELOPMENT FEE TO HELP

[00:50:02]

DEVELOP THE PARK IN THE FUTURE. IT GIVES US A COUPLE OF ADVANTAGES. THROUGH THE PLAN DEVELOPMENT PROCESS WE UTILIZE PARKS DEDICATION AND THEY ARE TYPICALLY H AWAY PARKS. 99% OF THE TIME, THEY ARE HOMEOWNERS ASSOCIATION PARKS. THEY UTILIZE -- THEY ARE USED BY THE RESIDENTS OF THE HOMEOWNERS ASSOCIATION. WE ARE HOPING TO FURTHER DEVELOP THE PARK SYSTEM. WE HAVE A GREAT COMMUNITY PARK AND WE ARE WRAPPING UP ON LAKE ROAD TRAIL. WE CREATED A PARK SYSTEM THROUGH THE CITY OF MIDLOTHIAN. I WILL TELL YOU. WHAT WAS ORIGINALLY RECOMMENDED BY THE STAFF IN THE DRC WAS ONE ACRE PER 50 DWELLING UNITS. IN LIEU OF THE LAND DEDICATION $750 FOR THE DWELLING UNIT. IN $1000 PER DWELLING UNIT THE PARK DEVELOPMENT FEE. TAKE PARTS OF THE LORD. THEY WERE -- THEY MAKE THE RECOMMENDATIONS OF THE FEE. WE ARE LOOKING FOR RECOMMENDATIONS BASED ON THE MOTIONS AND HALF OF WHAT YOU SEE AND FEEL COMFORTABLE WITH. AFTER THIS, WE WILL TAKE IT TO THE COUNCIL TO SEE WHAT THEY FEEL COMFORTABLE WITH. THEY ARE POLICY DECISION-MAKERS AND THIS IS THE ORDINANCE POLICY. SORRY I AM LONG-WINDED A LITTLE BIT.

ARE THERE ANY QUESTIONS? TO GET US THROUGH IT? RIGHT NOW.

THE NEXT COUNCIL DATES WILL BE FEBRUARY 13TH NEXT MONTH. SO I

WILL STAND FOR ANY QUESTIONS. >>, GO BACK TO THE FEE.

>> THIS ONE? YES SIR. >> FROM DEVELOPER, IT IS CHEAPER TO GIVE ME A FEE IN LIEU OF RATHER THAN TO DEVELOP

THE WORK. IS THAT RIGHT? >> YOU COULD BE. IT DEPENDS ON WHETHER WE MADE THE PARK AND THE LOCATION. IF IT IS 50 DWELLING UNITS AND WE HADN'T ACRE, IT MIGHT BE MORE THAN THAT. OTHERWISE, 50 UNITS, WHAT IS THAT? 75,000.

>> I WONDER WHY THE FEE IN LIEU OF IS LESS THAN THE DEVELOPMENT FEE. FOR IT IS IN ADDITION TO THE OBJECT.

>> I GET IT. BUT I WILL BE GIVING YOU MORE IN THE LAND THAN IF I WERE TO GIVE YOU IN LIEU OF. SO IT'S NOT THEIR CHOICE? IT'LL BE HEATHER'S CHOICE? FOR YES. IT'LL BE

HEATHER'S CHOICE. >> BUT THERE IS LANGUAGE IN

HERE THAT --. >> OKAY.

>> I'M KIND OF COMPARING . THEY CAME UP WITH THE ORIGINAL NUMBERS AND WENT TO --. VERY COMPLICATED NUMBERS THAT DID NOT MAKE ANY SENSE. WHAT IS GOING ON AROUND US.

>> YES SIR? ALL RESIDENTS. MULTIFAMILY AND SINGLE-FAMILY.

MY SIR. >> IT'S BEEN A LONG TIME.

>> OF THOSE OF ALREADY BEEN PLANNING. THERE IS LANGUAGE IN HERE THAT 90 DAYS. THERE'S AN ACTUAL DATE ON HERE. THE PREMISE WAS THAT WILL NOT GO INTO ACTION UNTIL 90 DAYS AFTER

THE COUNCIL APPROVED IT. >> THE INTENTION IS TO HAVE --. THE INTENTION IS TO GET USABLE LAND.

>> FOR INSTANCE, IT CAN BE SLOWER THAN 10%. WE WANT

USABLE LAND, YES SIR. >> IT MAY NOT BE BILLABLE LAND

, BUT IT'S USABLE LAND? >> YES SIR, THAT'S ESSENTIALLY IT. IT COULD BE A GOOD FLOODPLAIN THROUGH. YOU CAN USE FLOODPLAINS FOR PARKS AND TRAILS. WE MAKE IT AN ADJACENT HALF OF AN ACRE NEXT TO THAT TO DEVELOP OUT OF THE FLOODPLAIN AND IMPROVEMENTS THERE AND ADD THE TRAILER IN

THE FLOODPLAIN. >> ADD-ONS WHAT THEY'RE SAYING. A SIGNIFICANT PORTION OF THE TRAIL SYSTEM IS WITHIN FLOODPLAIN AREAS. THE THREE. SOME OF WHAT THEY DO IS THEY

[00:55:06]

COULD DEDICATION OF PROPERTY OUTSIDE THE PLANE BUILT THE TRAILHEADS IN THE PARKING AREAS. IT'S NOT UNCOMMON.

AND WHAT WE'RE DEVELOPING DOWN.

>> IN SECTION 1005 004. IF IS LESS THAN TWO ACRES OF COURT DEDICATION , YOU HAVE THE RIGHT TO REFUSE THE DEDICATION AND

REQUIRE THE FEE IN LIEU OF? >> YES SIR. IF THEY ARE REQUIRED TO DEDICATE 10 ACRES, THE CITY CANNOT JUST REFUSE IT.

>> CORRECT. >> IT CAN BE APPEALED TO THE

COUNCIL. >> OKAY. IS THERE PROPORTIONAL SCALE? THAT'LL BE UP FOR INTERPRETATION. I'LL LOOK AT IT AS A PUSH IN. IT IS ONE LOT DIVIDED BY ONE ACRE. THE

PORTION IS THAT WAY. >> I DID NOT KNOW FOR SURE. I WANT TO SEE AN ACTUAL EXAMPLE OF THE FORMULA IN THERE.

>> THAT'S USABLE ACREAGE. THIS IS HOW WE CALCULATED. 35 DWELLING UNITS. IT ELIMINATES ANY CONFUSION.

>> 1005 WILL BE, I THINK --.

>> YES. >> IT'S A LANGUAGE QUESTION AGAIN. FROM THE GUIDE. 10.005.006C. IF THE CITY DOES PURCHASE PARKLAND IN OR NEAR A PROPOSED DEVELOPMENT. IT IS DEFINED WHAT WE MEAN BY? THAT IS SUBJECTIVE. THE REASON IT IS SUBJECTIVE IS BECAUSE IS IT NEAR, THE TRAIL TO IT. NEAR AND NO CHILL TO IT. I THINK IT IS KIND OF LEASE FOR THAT

REASON. >> THEY ARE GOING TO TRY TO ENFORCE THAT ON SOMEBODY. IF THE CITY DOESN'T PURCHASE LAND DEDICATION, IT'LL BE IN CASH ONLY. WE WILL ENFORCE UPON DEVELOPERS TO SAY THIS LAND. YOU HAVE TO GIVE US

CASH. >> THEY HAVE AN ATTORNEY WHO PASSED THE BAR AND THEY WILL ATTACK THAT --.

>> CAN YOU DEFINE A FOR ME? YOU WOULD LIKE TO PROPOSE THAT

THE COUNCIL? >> IT'S REASONABLE.

REASONABLY NEAR. TOTALLY WATERED-DOWN.

>> THE PARKS BOARD HELPED IN THE CRAFTING OF IT?

>> NO, THEY DID NOT. THEY DID NOT. CONSULTANTS ALONG WITH

ATTORNEYS AND STAFF. >> DESCRIBE WHAT THEY MEANT BY -- LET'S SEE WHAT THEY MEANT BUT CODIFIED . WE ARE A LITTLE TOO SMALL. TRYING TO ERR ON THE SIDE OF CAUTION. THAT'S SOMETHING WE ARE TRYING TO ENDORSE.

>> WE ARE DOING A LOT OF PARK STUFF. THIS DISCUSSION. THIS COMMUNITY PARKS AND THEIR LOCKABLE, AND THEY HAVE CRITERIA OF WHAT CARS ARE BOOKABLE. THAT'S THE CRITERIA FOR THE PARK TO BE A WALKABLE DISTANCE.

>> I THINK THAT'S GREAT MEASURE. SOMETHING ALONG THOSE

LINES. >> CAN YOU HANG YOUR HAT ON

[01:00:05]

SOMETHING THAT SAYS WALKABLE? >> THAT'S A TURN WE TALKED ABOUT. A COMBINATION OF DO YOU HAVE A WAY TO WALK THERE? IT HAS TO BE SIDEWALKS AND RIVERS. CANNOT CROSS THE BRIDGE. GIVES YOU MORE DIRECTION AND POSSIBILITY. HOW DOES THE INTERPLAY WITH EXISTING SPACE REQUIREMENT --.

>> IT IS GREATER. >>

>> THIS WILL BE IT INSTEAD OF THE CURRENT REQUIREMENT.

INAUDIBLE ] . >> WITHOUT US MAKING CHANGES TO THE ZONING ORDINANCE IN THE FIRST PLACE?

>> PHILOSOPHICALLY, THIS REMOVES THAT. BUT IT DOES NOT.

>> THIS IS THE PUBLIC DEDICATION AND ART PROPER. IT CAN BE COUNTED TOWARDS --? IS IT CODIFIED SOMEWHERE THAT

DISCOUNTS TO THIS . >> YOU USED TO HAVE TO HAVE 10 ACRES BUT NOW YOU HAVE TO HAVE 20.

>> ESTIMATES. BUT THE PRICE POINT WAS LITTLE BIT HIGHER.

>>

UNITS? >> YES. TO SEE.

>> IF WE SET IT TO LOW, THAT'LL BE THE OPTION THEY WILL USE EVERY TIME.

[01:05:05]

AT $3500 THE COST OF EVERYTHING. BE MY GUESS.

USEFUL AND FUNCTIONAL AND ACCESSIBLE. IT IS SO SERENE,

THINGS LIKE THAT. >> IT IS ONLY MAINTENANCE AS WELL AS UPKEEP? TO NOSE, SIR. WE WILL OFFSET THE COST OF BUILDING AND ACQUIRING THE PARKS. ALL OF THIS EXISTING HERE ARE GOING TO PARTICIPATE IN THE MAINTENANCE BUILDING. WE MARK CAN I MAKE ONE SUGGESTION ON YOUR SLIDE?

>> FLIP FLOP OF THE DEVELOPMENT FEE GOING WITH THE

LAND DEDICATION? END OKAY. >> THERE'S SOMETHING ELSE IN

THE MIDDLE? >> OKAY, THANK YOU.

>> MUST BE USED WITHIN 10 YEARS.

>> THOSE ARE ESTABLISHED BY STATE LAW. THIS IS RICHARD -- RIGID BY HOUSEHOLDS. IT'S NOT CODIFIED INTO STATE LAW ANYWHERE. 10 YEARS IS THE MAGIC NUMBER IS WHEN YOU NEED TO SPEND. ANOTHER CITY IS TRYING TO ELIMINATE IT. YOU COLLECTING FEE FOR THE SPECIFIC PURPOSE. IT'S AN UNEQUAL TAX.

IF YOU DON'T HAVE AN OBLIGATION TO SPEND IT, YOU CAN RETURN IT. THERE'S ALL SORTS OF ADDITIONAL --. THERE'S A DAY IN WHICH THE FUNDS NEED TO BE SPENT.

>> CORRECT. >>

>> PRETTY STANDARD. A MOTION AND A SECOND? OPEN FAVOR?

>> AYE. >> ALL OPPOSED? THE MOTION

PASSES. UNANIMOUSLY. >> RECOMMENDATIONS WITH THE ITEMS THAT THEY HAVE FOR STAFF.

>> >> ANY OTHER STAFF VERIFICATION OR ANNOUNCEMENTS? SEEING A NON- , CAN I GET A

MOTION TO ADJOURN? >> SECOND.

>>

* This transcript was compiled from uncorrected Closed Captioning.