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[00:00:05]

>> GOOD EVENING LADIES AND GENTLEMEN.

WELCOME THE PLANNING AND ZONING COMMISSION MEETING OF TUESDAY SEPTEMBER 14, 2021. AS AUTHORED BE SECTION 551071 OF THE TEXAS GOVERNMENT CODE THIS MEET MAYBE CONVENED INTO CLOSED SESSION ON ANY AGENDA ITEM. CITY OF ROWLETT RESERVES THE RIGHT TO RESAYS OR CALL EXECUTIVE SESSION IN ORDER OF BUSY IN TIME PRIOR TO JURMENT. TO PROVIDE COMMENT FOR THE MEETING IF YOU'RE NOT ATTENDING IN PERSON PLEASE SEND AN EMAIL TO CITIZEN INPUT@ROWLETT.COM BY 3:30 P.M. THE DAY OF THE MEETING, STATE WHETHER YOUR COMMENT IS REGARDING SPECIFIC AGENDA ITEM OR GENERAL COMMENT TO THE COMMISSION.

YOUR COMMENT WILL BE READ INTO THE RECORD AT THE MEETING WITH 3 MINUTE TIME LIMIT. FOR IN PERSON COMMENT FORMS ARE AVAILABLE INSIDE THE DOOR OF THE CITY COUNCIL CHAMBERS.

[1. CALL TO ORDER]

CALL THE MEETING TO ORDER. THIS IS THE WORK SESSION ITEM 2,

[2A. Receive a presentation regarding the function of the Planning and Zoning Commission]

ITEM 2 A RECEIVE A PRESENTATION REGARDING FUNCTION AN PLANNING AND ZONING COMMISSION. WE WILL CONVENE THE REGULAR SESSION AT 6:30 P.M. MISS MINAL.

>> GOOD EVENING, COMMISSION. IT'S SO NICE TO SEE EVERYBODY.

I HAVEN'T SEEN MANY OF YOU IN PERSON FOR A VERY LONG TIME SO I'M EXCITED TO HAVE THE PLEASURE OF YOUR AUDIENCE AND HOPEFULLY WE HAVE SOME VIEWERS THAT ARE WATCHING AS WELL.

DON'T BE ALARMED BY THE HEADING OF THIS PRESENTATION, FUNCTIONS OF THE PLANNING AND ZONING COMMISSION.

IT'S ACTUALLY MORE INVOLVED THAN THAT AND AS A PREFACE THE REASONY WANT TO HAVE THIS CONVERSATION WITH YOURSELVES IS BECAUSE AT THE NEXT CITY COUNCIL MEETING THE COUNCIL WILL BE APPOINTING BOARDS AN COMMISSION MEMBERS AND OF COURSE WE ARE GOING TO SEE NEW PP AND Z MEMBERS AND I THOUGHT WHAT BETTER WAY TO HAVE MENTORSHIPS PROGRAMS LOOSELY ESTABLISHED AND DO A 101 AND REFRESHER COURSE GIVE YOU AN EXAMPLE WHAT IT IS WE DO WHAT IT IS YOU DO AND THEN THROUGH THAT, AS WE ENGAGE WITH OUR NEW MEMBERS CAN YOU DO A LITTLE BY OF HAND HOLDING WITH LEARNING CURVE SO TO SPEAK ONCE THEY JOIN US SO A LOT OF EXCITING THINGS HAPPENING, BUT I'LL TRY AND MAKE IT INTERESTING. SOMETIMES IT DOES GET A LITTLE BORING BUT FROM A PLANNING PERSPECTIVE YOU KNOW WHAT IS LAND USE PLANNING SO THE GOAL IS NOT REALLY A LECTURE BUT IT'S JUST TRYING TO HIT SOME KEY POINTS THAT JUST SIT IN THE BACK OF OUR HEADS AS WE AS STAFF FOR EXAMPLE WHEN WE ARE MAKING A PRESENTATION OR DOING AN ANALYSIS AND WE WILL HAVE QUESTION AND ANSWER OPPORTUNITIES IF WAIVE THOSE OPPORTUNITIES THEN THEY SIT IN THE BACK OF OUR HEAD AND IF WE ARE FACING WITH A SITUATION DURING A MEETING OR DECISION-MAKING PERIOD THEN IT HELPS WITH BEING ABLE TO ESTABLISH WELL FORMED RECOMMENDATION.

SO WHAT IS PLANNING? AND I'M NOT GOING TO READ FROM THE SLIDES DIRECTLY. MY GOAL IS TO HAVE A CONVERSATION WITH YOU. I'VE BEEN DOING THIS SO LONG IT'S INGRAINED IN ME SOME EXTENT.

I LIKE TO CALL THE COMMUNITY DEVELOPMENT DEPARTMENT THE ENGINEERING DEPARTMENT A TURN KEY SOLUTION BECAUSE THEY SERVE AS THE LAND BANK FOR OUR COMMUNITY OUR CITIZENS OUR LIST DENTS OUR BUSINESS OWNERS SO IT'S A HEAVY RESPONSIBILITY TO MAKE SURE THAT WE ARE IN POSITION TO TO THING WISELY TO PLAN ACCORDINGLY AND TO MAKE SOUND DECISIONS AND OBVIOUSLY STAFF WORKS FROM A RECOMMENDATION STANDPOINT BUT MORE IMPORTANTLY USES SEVERAL GUIDING TOOLS AND SEVERAL CODES AND ORDINANCES A LOT OF BLACK AND WHITE MATERIAL TO MAKE THE RECOMMENDATIONS THAT WE DO OR TO OFFER THE ADVICE IN SOME RERESPECTS WE DO OR TO SIMPLY MAKE A STAND AND APPROVE THINGS AS WELL AND WE WILL TALK ABOUT THAT TOO SO TECHNICAL POLITICAL PROCESS FOCUSED ON DEVELOP REDEVELOPMENT DESIGN LAND USE OF THE BUILT ENVIRONMENT. AS I MENTIONED WE ARE A THE LAND BANK SO WE REALLY HAVE TO MAKE SURE WE KEENLY DESIGN WHERE PEOPLE LIVE WORK AND PLAY AND SO, IT IS A MATTER OF EFFICIENCY, IT'S A MATTER OF CRITICAL PATH IT'S A MATTER OF

[00:05:01]

DETERMINING WHAT OUR OBLIGATIONS ARE AND WHERE OUR DEFICITS EXIST AS IT RELATES TO TRUCKS PROGRAMMING SO OVERALL AND REALLY THIS SENTENCE I HAVE TO ATTRIBUTE TO ALEX MANAGEMENT OF THE NATURAL ENVIRONMENT. SO OFTEN WE FRELT HOW IMPORTANT THAT IS AND NOW IF YOU LOOK AT US IN TERMS OF OUR BUILD OUT STRATEGY AND OUR PROGRAMMING WE HAVE A LOT OF LAND AREA THAT SOME PERCEIVE AS TRICKY TO DEVELOP BUT THERE ARE A LOT OF NATURAL FEATURES ASSOCIATED WITH THAT AND OUR GOAL IS ALWAYS TO COME BEFORE YOU AND PRESENT THAT MATERIAL TO YOU AND LEAN HEAVILY ON WORKING TO INSURE NATURAL HABITATS ARE MAINTAINED OR SUSTAINED. SO WHY DO WE DO WHAT WE DO? WE MEANING PLANNERS. JOHN IS LIKE I DON'T KNOW.

WHAT DO YOU DO? IT'S THE TECHNICAL REVIEW OF DEVELOPMENT PROPOSALS. WHAT DOES THAT MEAN? WE DON'T ALWAYS SIT IN THE WARM AND FUZZY AND THE GRAY.

WE ARE ALSO RESPONSIBLE FOR NOT JUST CHECKING BOXES BUT REVIEWING DOCUMENTS TO BE SURE THEY COMPLY WITH YOUR INFRASTRUCTURE WATER UTILITIES. WHAT IS THE EFFECT OF WHAT IS BEING PROPOSED AS IT RELATES TO THE THE SURROUNDING LAND USE PATTERN WAS, ARE THE EXAMS BITS, INKPAT BITS AN THOSE ELEMENTS ARE ESTABLISHED THROUGH THE ROWLETT DEVELOPMENT CODE SUBBASE COPED SUBDIVISION ORDINANCE ALL THESE ELEMENTS ULTIMATELY CAN BE BUNDLED UP AND SHOW COMPLIANCE WITH OUR TEXAS LOCAL GOVERNMENT CODE. OUR TEXAS LOCAL GOVERNMENT CODE ARE THE STATE REQUIREMENTS AND THROUGH THAT WE CREATE OUR ORDINANCES SO WE CANNOT BE MORE LAX THAN THE LOCAL GOVERNMENT CODE BUT WE CAN BE MORE RESTRICTIVE NOW RESTRICTIVE DOESN'T MEAN ELIMINATING ANY FORM OF FLEXIBILITY.

RESTRICTIONSIVE I THINK IS A WORD THAT CAN BE USED IN MANY WAYS AND IT'S TO CREATE COMPATABILITIES OR LIKENESS IN ZONING AND DEVELOPMENT AND OF COURSE WE ADMINISTER THE COMPREHENSIVE PLAN IS OUR GUIDING TOOL.

WE HAVE A FUTURE LAND USE MAP THAT FORECASTS FOR WITH US A BROAD PAINT BRUSH WHAT WE ENVISION WHAT WE SEE FOR EXAMPLE WITH OUR COMPREHENSIVE PLAN UPDATE RECENTLY WE LOOKED AT THE NORTH SHORE AS ONE AREA THAT WE WANTED TO SEE EMPLOYMENT CENTER FLOURISH SO OUR GOAL IS TO INSURE THAT WE ADHERE TO THE GREATEST EXTENT POSSIBLE TO THE COMPREHENSIVE PLAN.

NOT EVERY TIME CAN WE DO THAT BECAUSE LAND USE PAT NS CHANGE, LAND USE TRENDS CHANGE, SO THE WHOLE SECTION THAT YOU SEE IN THE REPORTS THAT WE PROVIDE TO YOU CONDUCT THAT ANALYSIS OR RENEXT THAT ANALYSIS AN PRACTICES THE LANCE USE PLAN NEED TO HAVE MODIFICATIONS ASSOCIATED WITH IT SO EVERY TIME THERE'S AN APPLICATION FOR ZONING CHANGE REQUEST WE ALSO ASSESS THE INCOMPATABILITY OF THE COMPATABILITY WITH THE COMPREHENSIVE PLAN AND THAT CHANGE OCCURS AS A RESULT OF THAT ZONING CHANGE SHOULD IT BE APPROVED BY THE CITY COUNCIL.

SO, A FEW WORDS ABOUT ZONING. IT IS THE PROCESS OF DIVIDING OR SUBDIVIDING LAND INTO SPECIFIC ZONES OR DISTRICTS, THE SINGLE FAMILY ZONING DISTRICT THE COMMERCIAL CENTER DISTRICT AND YOU CAN YOU HAVE LARGER UMBRELLA ZONINGS OVER THAT.

ZONING SETS OUT THE PARAMETERS OF HOW TO DEVELOP A PROPERTY.

WHAT IS YOUR BUILDING HEIGHT. WHAT YOUR BUILDING SETBACKS.

OUR ROWLETT CODE IS UNIFIED BECAUSE WE ADDRESS NOT ZONING DISTRICTS BUT AS WELL AS LANDSCAPING COMPONENTS YOUR DRAINAGE IMPLICATIONS YOUR UTILITY IMPLICATIONS AND SUBDIVISION ORDINANCES AS WELL. ANY CHANGE IN ZONE YOU ARE FAMILIAR WITH THIS I DON'T NEED TO STRESS ON THIS ITEM BUT IT REQUIRES ACTION FROM THE CITY COUNCIL BASED ON YOUR RECOMMENDATION. I'M GOING TO JUMP AROUND A BIT POSSIBLY BUT ONE OF THE REALLY EXCITING THINGS I SEE IN ROWLETT IF YOU RECALL A YEAR MAYBE TWO YEARS AGO THE CITY COUNCIL AMENDED THE ROWLETT DEVELOPMENT CODE BECAUSE OF WHAT THEY SAW IN THE PLANNING AND ZONE COMMISSION IN TERMS OF HOW MUCH EFFORT YOU PUT IN REVIEWING ZONING CHANGES AND ZONING APPLICATIONS AND THEY WANTED TO MAKE SURE THAT YOUR RECOMMENDATIONS ARE VALUED BECAUSE QUITE FRANKLY THAT'S THE CASE SO THE SUPER MAJORITY RULE WAS INTRODUCED WHERE BY SHOULD THE PLANNING AND ZONING COMMISSION DENY A REQUEST THAN A SUPER MAJORITY WOULD BE REQUIRED BY YOURSELVES WHICH IS BY THEMSELVES FANTASTIC BECAUSE IT'S ALL ABOUT ABSORBING WHY THE PLANNING AND ZONING COMMISSION RECOMMENDED THE WAY THAT THEY DID.

I'VE NOTICED THAT THE PLANNING AND ZONING COMMISSION HERE YOU POUR INTO THE REPORTS WE PROVIDE TO YOU AND THAT'S EXCITING

[00:10:03]

BECAUSE THAT'S NOT ALWAYS THE CASE SO THOSE ARE SOME OF THE ELEMENTS I THINK ARE FULFILLING FOR US FROM A PLANNING PERSPECTIVE OR FROM A STAFF PERSPECTIVE SO SONGS ACTIONS WE HAVE CHANGE IN ZONING WE HAVE PLANNED DEVELOPMENT DISTRICTS AND WE WILL TOUCH ON THAT. AND WE HAVE OUR SPECIAL USE PERMITS. THESE ARE YOUR TRUE ZONING CHANGE ITEMS. IF YOU HAVE ANY QUESTIONS BETWEEN NOW AND THEN OR COMMENTS LET ME KNOW AND WE CAN PAUSE AN TALK ABOUT THAT. WHAT IS THE ROLE OF THE PLANNING AN ZONING COMMISSION? YOU ARE A RECOMMENDING BODY TO THE CITY COUNCIL AND I'VE EMPHASIZED HOW CRITICAL THAT IS AND HOW IMPORTANT YOUR ROLE IS. I'M SURE AT TIMES IT MUST FIELD LIKE A VERY DIFFICULT TASK SOMETIMES TO MAKE SOME OF THE DECISIONS THAT YOU DO. SO YOU'RE A RECOMMENDING BODY TO THE COMMISSION AS IT RELATES TO REZONING SUP, SPECIAL USE PERMIT, TREE REMOVE PERMIT WE HAVE SEEN THOSE THAT GO TO CITY COUNCIL, WHAT IS A VARIANCE? A VARIANCE IS A FORM OF REQUESTING REPRIEVE FROM THE REQUIREMENTS OF THE ORDINANCE, THE DIFFERENT FORMS MUCH VARIANCES WE GENERALLY DON'T USE BUT WE HAVE MAJOR OTHER WARRANTS WE HAVE ALTERNATIVE DEVELOPMENT PLANS WE HAVE ALL TRICH LANDSCAPE PLANS.

LIKE TO GROUP THOSE INTO GENERALLY SPEAKING A VARIANCE.

AGAIN, YOU HAVE A VERY IMPORTANT ROLE APPROVING OR DENIGHT PLATS.

PRIOR TO TWO YEARS AGO WERE YOU IN A POSITION YOU WOULD REVIEW PLATS AND COULD YOU EITHER MAKE RECOMMENDATION ON APPROVING OR DENYING THEM. HOWEVER, POST-THAT, THE LOCAL GOVERNMENT CODE SAW REVISIONS WHERE WE INTRODUCED THE 30 SHOT CLOCK SO THE WINDOW IS PRETTY TIGHT BUT IT'S ALSO INCREASED YOUR RESPONSIBILITY A LITTLE MORE.

NOW YOU ARE THE FINAL ACTION ON PLATS.

AND SO, IT IS YOUR MINIMUM SERUM FUNCTION AS OUTLINED BY THE LOCAL GOVERNMENT CODE. QUITE FRANKLY IF A PLAT COMPLIES WITH ALL THE SUBDIVISION REQUIREMENTS STIPULATED IN THE LOCAL GOVERNMENT CODE AND STIPULATED IN THE ZONING ORDINANCE OR THE ROWLETT ORDINANCE YOU APPROVE THE PLAT.

YOU'RE ALWAYS WELCOME TO TAKE IT OFF CONSENT SHOULD YOU HAVE QUESTIONS TO UNDERSTANDING ACCESS OR EASEMENTS BUT A PLAT WILL NEVER COME BEFORE YOU IN A FORM OF AN APPROVAL IF IT DOESN'T CHECK THOSE BOXES. HOWEVER, THE CAVEAT IS, WHEN WE HAVE THE 30 DAY SHOT CLOCK WHERE WE WE SEE THERE ARE OTHER ELEMENTS THAT NEED TO BE ADDED AND THAT COULD BE A PROCESS OF DOING CONDITIONAL APPROVAL THAT THE APP CAN PROVIDE BEARINGS FOR THE EASTERN PORTIONS WHERE IT IS AS AN EXAMPLE NOT CRITICAL SOMETHING THAT COULD BE ADDRESSED WITHIN TIMELY MANNER BEFORE FILING THE PLAT AND THEN THOSE INSTANCES WHERE PERHAPS YOU KNOW TIMING HAS BEEN DIFFICULT FOR THE APPLICANT AND SO THEY NEED AN ADDITIONAL 30 DAYS TO SOLVE WHAT THEY NEED TO FOR THAT PLAT DRAWING ITSELF AND THAT'S WHEN SOMETHING MIGHT COME BEFORE YOU REQUESTING AN EXTENSION.

SO AS AN EXAMPLE THAT'S AN ANOTHER ROLE YOU PLAY.

SHOULD YOU CHOOSE NOT TO GIVE EXTENSION THOSE COMES TO LIGHT IF WE DON'T DO THAT BEEN WHERE DOES THAT PUT THIS DEVELOPMENT OR THIS APPLICATION. REZONING PROPOSALS AGAIN YOU SEE 10 POINTS AND THEY'RE DELIBERATELY THERE NOT FOR US TO READ EVERY WORD AND LINE BUT THESE ARE PARAMETERS THAT THE ROWLETT DEVELOPMENT COPED IDENTIFIES IN TERMS OF EVALUATING A ZONING CHANGE THESE ARE SYNONYMOUS TO WHAT THE LOCAL GOVERNMENT CODE REQUIRES SO THERE ARE PARAMETERS TO CONSIDER WHEN CONDUCTING AN APPLICATION FOR ZONING CHANGE REQUEST.

WHAT IS THIS REZONING DOING? WHAT IS IT INTENDED TO DO? WHAT IS ITS PURPOSE? DOES IT COMPLY WITH THE CODE? IS IT CAUSING AN EXTRA BURDEN ON INFRASTRUCTURE? ALL THOSE QUESTIONS COME TO LIGHT IN ZONING REPORTS YOU SEE THOSE ARE THE ELEMENTS WE BREAK APART AND WE DISCUSS EACH AND EVERY SINGLE ONE OF THOSE BUT WE GO FURTHER THAN THAT.

WE DO A COMPREHENSIVE PLAN ANALYSIS MANY WE DO AN ADJACENT LAND USE ANALYSIS WHAT'S HAPPENING IN THE ADJACENT SURROUNDING BUILT ENVIRONMENT WHAT ARE YOUR KPAT BITS WHAT ARE YOUR INEXAMS BITS WHAT IS THE PLAN FOR FUTURE ROADWAYS THOSE TYPES OF THINGS ARE ALSO DISCUSSED.

ONE OF THE OTHER ELEMENTS THAT WE LIKE TO LIFE AS I CALL IS A RESIDENTIAL DEVELOPMENT WHAT IS THE RESILIENCE OF THAT NEIGHBORHOOD, WHAT IS THE IMPACT OF THAT NEIGHBORHOOD ON SAY A

[00:15:04]

MIDDLE NEIGHBORHOOD IN YOUR COMMUNITY OR A NEIGHBORHOOD SUPPORTING MORE DENSE PRODUCT AND THIS IS LESS DENSE OR VICE-VERSA SO ALL THAT PLAYS OUT IN THE REPORTS WE TRY TO -- WE PREPARE FOR YOU. OUR GOAL IS TO ARTICULATE TO YOU WHAT IT IS, WHAT LEADS TO OUR RECOMMENDATION TO YOURSELVES AS COMMISSIONERS. PLANNED DEVELOPMENT DISTRICT, I THINK THIS IS A GREAT TOOL A PLAN DEVELOPMENT DISTRICT ALLOWS FOR A COMBINATION OR A MYRIAD OF USES THAT CAN BE INCORPORATED INTO A SINGLE DEVELOPMENT OR CAN LOOK AT DESIGN OR DEVELOPMENT CRITERIA. THAT'S THE GOAL OF A PLANNED DEVELOPMENT. IT'S NOT BE TOOL.

SHIEPT SHOULDN'T BE USED AS A TOOL.

JOHN AND I HAVE MADE EYE CONTACT SO I'M READY.

SO IT SHOULD NOT BE USED AS A TOOL TO SAY CAN I NOT MAKE IT WORK THIS WAY SO I'M GOING P.D. ROUTE AND FIND THE AKIN ZONING AND DEVIATE FROM THAT AND OUR GOAL IS TO UNDERSTAND IS THE THIS ZONING REQUEST FOR PLANNED DISTRICT CREATING THE ATTRIBUTES THAT ARE ENVISIONED WITH A PLANNED DEVELOPMENT DISTRICT.

YOU HAVE DETAILED PLANS ASSOCIATED WITH IT CON IS UP ACTUAL PLANS. AND YOU TRY AND BUILD YOUR DEVELOPMENT CONDITIONS SO IT BECOMES IN ITSELF A SUBZONING ORDINANCE IN ITSELF THAT IDENTIFIES ALL THOSE DEVELOPMENT ELEMENTS ASSOCIATED WITH THE DEVELOPMENT.

SPECIAL USE PERMITS. THESE ARE A GREAT TOOL.

RECENTLY -- DO YOU HAVE A QUESTION FOR ME SIR?

>> PLANNED DEVELOPMENTS. WE'VE A COUPLE HAVE COME UP TO AND HAVE BEEN AS FAR AS I KNOW APPROVED AND A PORTION OF THAT DEVELOPMENT HAS BEEN INSTITUTED, BUT THE OTHER PORTIONS OF ELEMENT MAY NOT BE, AND IN FACT, APPEAR TO BE NOWHERE IN FRUITION. I THINK LIKE THERE'S A HOUSING PROJECT ON ROWLETT ROAD THAT IT WAS SUPPOSD TO BE AN FRAURMENT COMPLEX AN COMMERCIAL DEVELOPMENT AND WE'VE GOT THE APARTMENT COMPLEX BUT NO COMMERCIAL DEVELOPMENT.

>> RIGHT. >> HOW DO WE RECONCILE THE PROCESS? OR AM I EVEN RIGHT?

>> NO, YOU'RE ABSOLUTELY AIMING IN THE RIGHT DIRECTION.

ONE OF THE RESPONSIBILITIES I THINK WE AS STAFF SHOULD BE CHARGED WITH IS IF THERE'S A PHASING PROGRAM OR IF THERE'S A PLANNED DEVELOPMENT THAT SHOWS DIFFERENT USE SECTORS, THEN WE NEED TO ESTABLISH SOME PERFORMANCE ASSOCIATED WITH THAT. SO TWOFOLD.

IT'S A LITTLE HARDER TO SAY WE WILL ALLOW X AMOUNT OF RESIDENTIAL DENSITY. WE CAN ALWAYS SAY THAT POST-THAT, WE HAVE A CAP, AN X AMOUNT OF NON-RESIDENTIAL GFA OR GROSS FLOOR AREA THAT NEEDS TO HAPPEN.

THAT HAS HAPPENED IN OTHER COMMUNITIES BUT MORE IN THE FORM OF A DEVELOPMENT AGREEMENT PROGRAMS OR INCENTIVIZED PROGRAM. STRICT ANALYSIS IS TRYING TO DETERMINE IS THIS PROPOSED P.D. WHERE WE ARE SHOWING PART RETAIL PART RESIDENTIAL IS THAT JUST TO OFF SET AND SAY LET'S GET THIS DONE AND LET'S JUST SHOW THAT WE ARE GOING TO DO THIS AND IT'S NEVER REALIZED, THOSE ARE ELEMENTS THAT HAVE HAPPENED IN THE PAST IN MANY COMMUNITIES AND OUR GOAL IS WHEN WE SEE THESE PD'S LET'S BE SPECIFIC AND SAY SHOW US BECAUSE YOU DON'T HAVE A DEVELOPMENT PROGRAM ASSOCIATED WITH SHOW US WHAT YOU CAN DO WITH THIS PREPARE A SITE THAT ACTUALLY TAKES A LITTLE BIT OF EXTRA TIME AN EFFORT AND IT SHOWS THAT THE PROJECT DEVELOPER IS ENGAGED TO GREATER EXTENT SO IT IS A DIFFICULT, DIFFICULT SITUATION TO BE IN BUT THE GOAL SHOULD BE AS PART OF THE P.D. TO CREATE DEVELOPMENT CONDITIONS SPECIFIC TO THAT NON-RESIDENTIAL PIECE AND SAY IF DEVELOPMENT DOES OCCUR IT HAS TO BE ABC AND D AND IT'S MORE INCENTIVE TO REALIZE THAT.

BUT IT'S DIFFICULT. THAT'S SOME OF THE THINGS SOME OF THE ELEMENTS THAT YOU WILL BE FACED WITH AS WELL AND YOU HAVE

[00:20:03]

BEEN FACED WITH IN THE PAST. YOU KNOW ARE WE LEAVING OFF A PORTION IN CALLING IT COMMERCIAL FULL KNOWING THAT IT'S NOT GOING TO DEVELOP OR REALIZING THAT THERE WILL BE DEVELOPMENT CONSTRAINTS ASSOCIATED WITH THIS? THIS IS WHERE THE STAFF COMES IN AND HAS THAT CANDID CONVERSATION THAT THESE ARE THE OBSTACLES THAT WE SEE MANY AGAIN ZONING IS A DIFFICULTIES DISCRETIONARY FUNCTION BY CITY COUNCIL SO WE FIND IT'S IMPORTANT FOR THE PLANNING AND ZONING COMMISSION TO CLEARLY ARTICULATE WHY THEY'RE RECOMMENDING FAVORABLY OR WHY NOT IN INSTANCES WHERE YOU HAVE SOMETHING THAT DEEMS THAT TIEFRP FORESIGHT AN SAME THING FOR STAFF.

OUR GOAL IS TO MAKE SURE THAT WE GIVE YOU ALL THE TOOLS TO MAKE SOWN RECOMMENDATIONS. IT'S A DIFFICULT ONE.

>> I THINK IF THERE'S NO RECOURSE ON --

>> NO UNLESS YOU CREATE A P.D. THAT HAS SPECIFIC CRITERIA IN THERE THAT SAYS BY X AMOUNT OF TIME WE NEED TO SEE Y AMOUNT OF

DEVELOPMENT. >> THANK YOU.

>> SO ON THAT POINT YOU TALK ABOUT LET'S SAY WE HAD SOMETHING THAT CAME UP IN THE FUTURE WE MADE THIS PERFORMANCE PIECE ON THERE AND THEY DIDN'T DO, WHAT POWER DO YOU HAVE AS A CITY TO DO SOMETHING AND IS IT SOMETHING FEASIBLE?

>> SO, A COUPLE OF THINGS. DEPENDING ON WHAT PERFORMER IS INCLUDED AS PART OF THE DEVELOPMENT CONDITIONS THAT IS SOMETHING THAT WE HAVE TO MAKE SURE IT IS FROM A LAND USE BASE PERSPECTIVE. SO, THAT'S JUST HAPPENING.

THEN IF THERE IS A VIOLATION OF THAT ORDINANCE THAN ABSOLUTELY WE CAN ISSUE A NOTICE OF VIOLATION ON THAT ORDINANCE WITH A FINE ASSOCIATED WITH IT. LIKELY WHAT WOULD HAPPEN IS YOU WOULD SEE SOMEONE COME IN FOR REZONING WHICH MIGHT NOT BE ALL THAT PROBLEMATIC BECAUSE YOU ALREADY HAVE A VISION WHERE YOU INTEND TO SEE THAT. WE TALKED A LITTLE ABOUT SUP'S IF YOU RECALL. I'M GOING TO LEAN ON MY TEAM.

TWO YEARS AGO FOR MULTI-FAMILY AND ONE BASE KOID? ONE YEAR AGO. BEAUTIFUL.

CITY COUNCIL ADOPTED AN ORDINANCE ONE YEAR AGO NOVEMBER 5 AS ALEX ACCEPTS AND THE GOAL WAS TO ALLOW FOR ANY MULTI-FAMILY DEVELOPMENT OR ANY MIXED RESIDENTIAL DEVELOPMENT TO REQUIRE A SPECIAL USE PERMIT IN PROPERTIES THAT ARE ZONED FORM BASE CODE. AND I DO WANT TO PREFACE SOME PROPERTIES WERE VESTED AND THEY HAVE THE ABILITY TO DEVELOP STRAIGHT MULTI-FAMILY BUT NOW SUP IS REQUIRE.

IT WAS THE PURPOSE OF THAT? TO ALLOW A FURTHER ANALYSIS TO DETERMINE IN THIS SURROUNDING AT THIS LOCATION IS AN SUP APPROPRIATE. IT GIVES YOU THAT EXTRA LEVEL OF, I'M TRYING TO FIND THE RIGHT WORD IN ENGLISH, EXACTLY TO DETERMINE THE VIABILITY OF THAT LAND USE.

AND SO THAT IS THE INTENT OF THE SUP.

WITH AN SUP YOU CAN ALSO CREATE ADDITIONAL CONDITIONS AND CRITERIA SO SIMILAR TO P.D. BUT SUP YOU CAN ADD THOSE THRESHOLDS AS WELL. CAN YOU DICTATE HEIGHT.

YOU CAN DICTATE FLOOR AREA, SETBACKS, SIGNAGE, NOT SIGNAGE SO MUCH ANYMORE BUT YOU CAN ATTACH CONDITIONS WITH THOSE TYPES OF ELEMENTS TO IT TOO. PLATS.

I KNOW WE TALKED ABOUT BUT I'M GOING TO TALK ABOUT THIS A LITTLE MORE. THEY'RE SO EASY, THEY'RE TRICKY TO SOME DEGREE. THE LOCAL GOVERNMENT CODE SPECIFICALLY SECTION 212 DECEMBER MATES YOURSELVES WITH LOCAL GOVERNMENT CODE STATES THAT SHOULD YOU HAVE A DESIGNATED BODY, THEN THAT BODY IS RESPONSIBLE FOR PLATS.

WE HAVE A PLANNING AN ZONING COMMISSION.

YOU ALL ARE COMMISSIONERS. WE THANK YOU FOR THAT AND THIS BECOMES YOUR MINISTERIAL RESPONSIBILITY TO INSURE THE LOCAL GOVERNMENT CODE AND RELEVANT CITY ORDINANCE ARE MET AS IT RELATES TO PLAT. LUCKILY YOU HAVE A GREAT STAFF WHO DOES THEIR DUE DILIGENCE AN INSURES THAT ALL THOSE PARAMETERS ASSOCIATED WITH THE SUBDIVISION ORDINANCE IN THE LOCAL GOVERNMENT CODE ARE MET AND THAT'S WHEN WE COME BEFORE WITH YOU RECOMMENDATION TO APPROVE, APPROVE WITH CONDITIONS

[00:25:03]

OR DISAPPROVE. ANY TIME WE APPROVE WITH CONDITIONS OR EVERY TIME STAFF RECOMMENDS TO APPROVE WITH CONDITIONS OR RECOMMENDS TO DISAPPROVE WE WILL CITE THE CODE BASEST REASONS FOR RECOMMENDING THE DISAPPROVAL OR APPROVAL WITH CONDITIONS. IF STAFF IS RECOMMENDING APPROVAL, IT IS YOUR RESPONSIBILITY IN YOUR CAPACITY TO APPROVE THE PLAT. AN EXTENSION CAN BE GIVEN FOR 30 DAYS SHOULD THE APPLICANT REQUEST IT, AND THAT FALLS INTO YOUR ARENA TO RECOMMEND TO EXTEND OR TO NOT EXTEND.

AND THAT'S WHERE STAFF GIVES YOU THE OPTION SHOULD YOU NOT CHOOSE TO RECOMMEND THEN THESE ARE THE OPTIONS AVAILABLE SO JUST WANTED TO HIGHLIGHT THAT. THERE ARE, WE HAVE SOME REPRIEVE AS IT RELATES TO PLATS BECAUSE THERE ARE SOME TYPES OF PLATS THAT STAFF CAN APPROVE ADMINISTRATIVELY.

A MENNING PLATS, MY OR PLATS OR REPLATS WHEN YOU'VE GOT FEWER THAN FOUR LOTS. YOU'RE NOT ADDING INFRASTRUCTURE. THOSE TYPE OF THINGS ALLOW US TO DO THAT ADMINISTRATIVELY. WARRANTS AND VARIANCES WE'VE TALKED ABOUT THAT. YOU KNOW TYPICALLY WHEN IN AN IDEAL SITUATION OR SCENARIO A VARIANCE OR A CHANGE OR A REQUEST TO DO SOMETHING THAT IS DIFFERENT FROM THE PRESCRIBED REQUIREMENTS AND WHERE YOU HAVE AND OPTION TO DO SOMETHING DIFFERENT, THE GOAL IS TO NOT USE A VARIANCE REQUEST, SIMILAR TO A P.D. WHERE YOU USE A BASE ZONING.

THE GOAL IS TO SEE WHAT CAN YOU DO THAT ENHANCES I AM APPROVES ENCOURAGES SUSTAINABLE DEVELOPMENT THAT WE KNOW STRICT ADHERENCE TO THE CODE WON'T CAN YOU NOT DO IT BASED ON PERHAPS PHYSICAL CONSTRAINTS ON THE PROPERTY BUT WHAT ARE YOU DOING TO BRING SOMETHING IN LINE AND AND ENHANCING THIS PROPERTY BECAUSE ONE OF THE THINGS WE WANT TO MAKE SURE IS THAT WE BUILD RESILIENCEY AND SUSTAINABILITY INTO OUR DEVELOPMENT PROGRAMS INTO NON-CONFORMING USES THAT ARE MOVING FORWARD OR CHANGING USES OR WHAT HAVE YOU.

OPEN MEETINGS ACT. I WANTED TO TALK ABOUT THIS.

HOW MUCH TIME DO I HAVE? PLEASE STOP ME IF I'M GOING OVER MY TIME. ONE OF THE ELEMENTS ASSOCIATED WITH THE GOVERNMENT IS OUR OFFICIALS ARE REQUIRED TO PARTAKE IN TRAINING. OF COURSE YOU ALL DO THAT AND OUR NEW MEMBERS WILL TOO. YOU HAVE TO ALLOW PUBLIC TESTIMONY AND IF YOU NOTICE OUR AGENDAS ARE FORMULATED THAT WAY SO YOU HAVE THE OPPORTUITY TO ENGAGE IN THE COMMUNITY.

WE HAVE MINUTES AN RECORDS FOR THESE MEETINGS.

WE TELEVISE WE RECORD AND WE PREPARE MINUTES FOR YOURSELVES.

WE DO HAVE TO HAVE A NOTICE OF THE MEETING.

WE DO AN AGENDA POSTING. WE SEND OUT NOTICES WHEN WE HAVE A ZONING CHANGE REQUEST AND AGAIN YOU ALSO HAVE TO WRITE TO CONVENE INTO EXECUTIVE SESSION SHOULD YOU NEED CONSULTATION WITH AN ATTORNEY. SO WHEN IT COMES TO OUR PUBLIC HEARINGS, YOU KNOW, I PERSONALLY HAVE TO RECHECK AND COUNT AND THINK AND SIT BACK AND SAY WE NEED TO HOLD A PUBLIC HEARING WHEN IT'S REQUIRED. THEN WE NEED TO OPEN THE PUBLIC HEARING. THEN WE CLOSE THE PUBLIC HEARING AFTER A VOTE IS TAKEN BUT SOMETIMES IT'S HARD TO REALIZE DID I CLOSE THE PUBLIC HEARING, DID I OPEN IT, SO THESE ARE ELEMENTS WE HAVE TO BE COGNIZANT AND OF COURSE YOUR RECOMMENDATION IS FORWARDED TO THE CITY COUNCIL WHO TAKE FINAL ACTION ON A ZONING CHANGE. YOU HAVE AN OPPORTUNITY.

WE CALL IT TABLING IN SOME INSTANCES, CAN YOU POSTPONE TO DATE CERTAIN, CAN YOU OPEN A PUBLIC HEARING.

YOU CAN DO WHAT YOU NEED TO CLOSE THE PUBLIC HEARING AND RECOMMEND TO TABLE IT AND IF THAT IS THE CASE, THEN YOU DO NOT HAVE TO HAVE A NEW PUBLIC HEARING WHEN YOU COME -- WHEN IT COMES BEFORE YOU THE NEXT TIME. IF YOU DO NOT DO THAT THEN WE START THE PROCESS OVER. YOU CAN SAY WE TABLED THEM BUT THE PUBLIC HEARING WAS NEVER OPENED OR CLOSED BECAUSE YOU NEVER TOOK ACTION AND IT IS TRICKY BUT OUR GOAL IS TO TRY TO HELP YOU STAY ABREAST OF THAT. WE TALKED ABOUT THE SUPER MAJORITY. AND THAT'S IT FOR THIS EVENING.

I'M HOPING WITH THIS WE WILL THEN COME TOGETHER AND WE WILL DO ANOTHER PRESENTATION BUT WE WILL HAVE A DIFFERENT MIX TO IT WITH OUR NEW MEMBERS. WE WILL ADD A LITTLE MORE.

I THINK WE WILL PUT IN SOME MORE GRAPHICS TO MAKE IT SIMPLER.

YOU'RE ALL SO WELL VERSEED IN THIS WE THOUGHT THIS WOULD BE YOUR REFRESHER BUT FOR THEM WE WILL DO SOMETHING A AND BIT DIFFERENT. ANY QUESTIONS.

YES? >> IF YOU COULD GO BACK ONE SLIDE. YOU WENT THROUGH THIS KIND OF QUICKLY AND I WANT TO MAKE SURE I UNDERSTAND.

THE DIFFERENCE BETWEEN TABLING FOR FUTURE CONSIDERATION.

[00:30:04]

WHAT WAS THE SITUATION WHERE YOU SAID IF YOU'RE TABLING YOU WOULD HAVE TO HAVE A PUBLIC HEARING VS. NOT HAVE TO HAVE A PUBLIC

HEARING? >> SURE.

SO, LET'S SAY YOU OPEN A PUBLIC HEARING.

YOU HEAR THE TESTIMONY AND YOU CLOSE THE PUBLIC HEARING AND THE P AND Z CHOOSE TO POPES OWN OR TABLE THAT ITEM YOU DON'T HAVE TO OPEN THAT PUBLIC HEARING AT THE SUBSEQUENT MEETING BECAUSE YOU HAVE HAD YOUR PUBLIC TESTIMONY.

IT'S YOUR PREROGATIVE AS CHAIR AND COMMISSION TO SAY LOOK OUR COMMUNITY IS HERE, THEY DO HAVE COMMENTARY YOU'RE MORE THAN WELCOME TO ENGAGE WITH THEM AND HAVE THAT COMMENTARY.

IT IS YOUR PREROGATIVE BUT TYPICALLY THAT'S WHAT HAPPENS.

>> SO, AND I WOULDN'T KNOW WHETHER THESE WERE GOING TO BE HERE UNTIL I GOT TO THE MEETING SO THAT I COULD SAY WE ARE GOING TO GO AHEAD AN MAKE THIS A PUBLIC HEARING?

>> YES. IT IS YOUR PREROGATIVE.

>> OKAY. THANK YOU.

>> YES, SIR. >> MINE IS JUST A GENERAL QUESTION. WHEN A DEVELOPER COMES IN AN LET'S SAY BUYS A PIECE OF PROPERTY ON ROUTE 66 LAKEVIEW, DO YOU GET INVOLVED WITH KNOWING WHAT HE'S GOING TO FULLY BUILD AS TO WHAT COMPANY IS COMING IN? I GUESS MY QUESTION IS AT WHAT POINT DO WE HAVE SO MANY CHICK THAN FAST FOOD PLACES OR CAR WASHES? DO WE KIND OF LIMIT WHAT IS COMING IN AS PART OF PLANNING FOR THE CITY TRYING TO HAVE A LITTLE BUILT MORE DIVERSITY IN OTHER TYPES OF RESTAURANTS OR

MORE SIT DOWN RESTAURANTS? >> YOU RAISE A VERY GOOD POINT AND I THINK WE SHOULD COFFEE POT ON SO WE CAN SIT AN TALK ABOUT THIS BECAUSE IT REQUIRES CONVERSATION.

SO YOU HAVE SPECIFIC ZONING DISTRICTS.

WITHIN THOSE DISTRICTS, IT IDENTIFIES A SCHEDULE OF COMMITTED USES N. THE C-2 DISTRICT YOU DO THE FOLLOWING, FAST FOOD RESTAURANT WITH DRIVE-THRU, JUST AN EXAMPLE, OR YOU CAN DO A RETAIL STORE, WHATEVER IT IS.

BUT CAN YOU NOT LIMIT THE USE ERROR THE TYPE OF USE IF IT'S PERMITTED WITHIN THAT ZONING DISTRICT.

NOW, WHAT YOU COULD DO IS YOU COULD LOOK AT ELEMENTS SUCH AS DO WE NEED AN SUP WITH A DRIVE-THRU WHICH WE REQUIRE THAT AND WHAT ARE THE CONDITIONS OF THAT SUP THAT COULD HELP IT BE MORE CAPABLE THE DEVELOPMENT WITH IT SURROUNDING LAND USE PATENT OR CHANGE THE ZONING ORDINANCES.

NOW, IF IT IS A USE THAT DOESN'T REQUIRE YOUR RECOMMENDATION OR YOUR PURVIEW, THEN IT GOES THROUGH AN ADMINISTRATIVE PROCESS FOR REVIEW OF SITE PLAN ELEVATIONS, CIVIL ENGINEERING AND BUILDING PERMIT SO YOU WOULD NOT HAVE AN OPPORTUNITY TO SEE IT UNLESS IT WENT THROUGH THAT PROCESS.

NOW ONE OF THE THINGS I THINK I MIGHT HAVE GLOSSED OVER WAS WE HAVE A PROCESS FOR DEVELOPMENT PLANS.

IF YOU HAVE A BUILDING THAT'S 25,000 SQUARE FOOT AND ABOVE IT REQUIRES YOUR APPROVAL. A LOT OF COMMUNITIES HAVE ARCHITECTURAL CONTROL COMMITTEES.

HOWEVER, KEEPING IN MIND, OUR RECENT LOCAL GOVERNMENT COPED CHANGES AS IT RELATES TO BUILDING TEAMS THEN THOSE ARE ELEMENTS CAN YOU NOT CONSIDERING SAY WE WANT TO SEE X AMOUNT OF MATERIALS. TALKING ABOUT USES THAT'S WHEN WE ASSESS OUR ZONING ORDINANCE AN DETERMINE DO WE WANT TO MAKE CHANGES. I MIGHT BE JUMPING THE GUN A LITTLE BIT BUT WE ARE HOPEFUL TO ENGAGE WITH A CONSULTANT TO START REVIEWING OUR DEVELOPMENT CODES AND WE ARE HOPEFUL TO KICK THAT OFF IN JANUARY. SO GOOD NEWS FROM THAT SIDE AN OBVIOUSLY YOU WILL BE OUR STAKEHOLDERS AS IT PERTAINS TO

THAT. >> GO AHEAD.

>> ONE OF OUR EARLIER SLIDES HAD SOMETHING SPECIFICALLY TO ENVIRONMENTAL IMPACT. CAN YOU ELABORATE MORON THAT AND HOW P AND Z COMMISSIONERS WE CAN THINK ABOUT THAT AND WHEN WE MEANT BY IT OUT THERE AS WELL? I WANT TO SEE IF WE CAN MAKE IT A LITTLE BIT SMALLER AN LESS VAGUE.

>> REPEAT YOUR QUESTION PLEASE SNIPE THINK IT WAS THE THIRD

SLIDE. >> I NEED TO GO BACK TO THE SLIDE. TELL ME WHEN TO STOP.

>> ALEX. >> OH, THE TEN POINTS, RIGHT?

[00:35:03]

>> NO, FURTHER BACK. TOWARD THE BEGINNING.

I KNOW WHERE THAT IS. MANAGEMENT OF THE NATURAL

ENVIRONMENT. >> NATURAL ENVIRONMENT.

SO I LIKE HOW IT SOUND BUT HOW WOULD WE FRAME IT LOOKING AT THINGS AND HOW WOULD STAFF BRING THINGS TO US TO EM ENCOMPASS

THAT BULLET POINT? >> LET'S SAY WE HAVE A TEN ACRE SITE THAT HAS A CREEK THAT TRAVERSES THROUGH THE EASTERN PORTION, THROUGH THE CENTER OF THE PROPERTY BIFURCATES THE SITE, OUR GOAL IS TO SEE NUMBER 1 AS WE BUILD OUR NEW LANDSCAPE ORDINANCE TO ASSESS THE IMPACT ON THE NATURAL HABITAT IN THAT ENVIRONMENT AREA. NOW THIS IS A FUTURE GOAL.

SO THIS IS WHAT WE WOULD PRESENT TO YOU.

RIGHT NOW OUR THRESHOLD IS BASICALLY WE ENCOURAGE THE APPLICANT IF IT IS POSSIBLE THROUGH.

THE D. ZONING OR WHAT HAVE YOU TO TAKE ADVANTAGE OF THOSE INTERESTING SITES. BUT MORE IMPORTANTLY, IN THE FUTURE WITH OUR NEW LANDSCAPE ORDINANCE THAT'S GOING TO COME BEFORE YOU WE'VE ENCOURAGED UTILIZING THE CURRENT TOPOGRAPHY. WE GIVE CREDIT FOR THAT.

MORE IMPORTANTLY AS WE FINE TUNE THE LANDSCAPE ORDINANCE I'LL HAVE CONSERVATION ELEMENTS ASSOCIATED WITH IT SO IF YOU IMPACT THAT ASSUMED ENVIRONMENTALLY SENSITIVE AREA WHAT ARE YOUR MITIGATION PARAMETERS? WHAT ARE YOU GOING TO DO? THAT CHANGING YOUR ENVIRONMENTALLY SENSITIVE AREA OR IMPACTING THAT WOULD REQUIRE TO YOU COME BEFORE A PUBLIC BODY AND PRESENT WHAT IT IS YOU'RE DOING AND HOW YOU WOULD TRY AND MAINTAIN THE NATURAL HABITAT SO OUR GOAL IS TO LOOK AT CAN WE CREATE CONSERVATION EASEMENTS CAN WE LOOK AT TREE CANOPY TO RETAIN THAT SO OUR GOAL IS TO START PAYING KEEN ATTENTION TO THAT TALKING ABOUT LOW I AM PACK DEVELOPMENT HOW DOES THAT PLAY A ROLE.

WE RECENTLY WORKED WITH A ZONING P.D. OVER TO THE PERIPHERY OF OUR COMMUNITY AND THEY ARE USING NATURAL TRAILS FOR EXAMPLE AND THEY ARE GOING TO PROPOSE CAPTURING RAINWATER AND PROPOSE POLLINATING GARDENS SO THAT'S A START AND WE WERE ABLE TO DO THAT WITH THE P.D. SO THAT'S VERY EXCITING BUT OUR GOAL IS TO MAKE THAT MORE FORMAL AND HAVE DIRECT CRITERIA RELATED TO THAT.

IT WILL TAKE TIME BECAUSE WE WANT TO ENGAGE THE COMMUNITY

WITH THAT CONVERSATION AS WELL. >> DID YOU HAVE A COMMENT? OKAY, GREAT. THIS WAS WONDERFUL.

THANK YOU VERY MUCH. >> NICE TO SEE EVERYBODY AGAIN.

>> GREAT TO SEE YOU. >> HOPE TO HAVE MORE INTERFACE WITH YOU. THANK YOU.

>> SUSAN. YOU WANT TO CONVENE OR BREAK FOR ABOUT TEN MINUTES AND CONVENE AT 6:30? WHAT DO YOU WANT TO DO? SO, WE ARE GOING TO BREAK UNTIL

* This transcript was compiled from uncorrected Closed Captioning.