K.1. Repeal Curfew Ordinance - Consider approval of an Ordinance repealing the Town of Flower Mound juvenile curfew ordinance in response to H.B. 1819, effective 9/1/2023.

[K.1. Repeal Curfew Ordinance - Consider approval of an Ordinance repealing the Town of Flower Mound juvenile curfew ordinance in response to H.B. 1819, effective 9/1/2023.]

I HAD ASKED FOR THIS ITEM TO BE REMOVED FROM CONSENT SO THAT WE CAN DISCUSS THE LEGAL RAMIFICATIONS OF NONCOMPLIANCE.

IS STAFF PREPARED TO DISCUSS THAT? I ALSO WANTED TO DISCUSS WHY WE'RE BEING REQUIRED TO REPEAL THE CURFEW ORDINANCE THAT WE HAVE IN OUR TOWN.

GOOD EVENING, SIR. I'LL SPEAK ON THIS BRIEFLY, IF YOU DON'T MIND.

NOT AT ALL. SO WITH THE 88TH LEGISLATURE, THERE IS A HOUSE BILL 1819 THAT ESSENTIALLY PROHIBITS NOW MUNICIPALITIES FROM HAVING AN ORDINANCE TO HAVE A CURFEW ORDINANCE.

SO WE'RE DOING NOTHING MORE THAN JUST FALLING IN LINE WITH WHAT NOW, THE NEW STATE LAW IS AS OF SEPTEMBER 1ST OF THIS YEAR, THAT NO LONGER GIVES US THAT AUTHORITY TO HAVE AN ORDINANCE PROHIBITING THOSE UNDER THE AGE OF 18 TO BE CITED FOR BEING OUT PAST THE PREVIOUSLY STATED ORDINANCE.

SO JUST FOR THOSE WHO ARE HERE AND WATCHING AT HOME, IN CASE YOU WEREN'T TRACKING ALL THAT.

SO THE TEXAS HOUSE IN AUSTIN PASSED A LAW, A BILL 1819, EFFECTIVELY MAKING IT ILLEGAL FOR US TO HAVE A CURFEW ORDINANCE AND DECIDED THAT IF WE HAVE A CURFEW ORDINANCE, THEN WE'RE NOT COMPLIANT WITH THEIR LAW AND THAT PUTS US AT RISK.

SO I JUST WANTED THAT TO BE ON THE RECORD.

DOES ANYBODY FROM COUNCIL HAVE ANY COMMENTS ON THAT? I HAVE A QUESTION. DO WE KNOW IF THERE ARE ANY OTHER LEGAL CHALLENGES TO THIS OR ANY OTHER TOWNS OR CITIES CHALLENGING? NO. MOST FROM THE RESEARCH THAT I'VE DONE AND ARTICLES THAT I'VE READ ARE FALLING IN COMPLIANCE WITH IT THAT WAS ORIGINALLY DESIGNED, GEARED TOWARDS CITIES THAT WERE MAYBE USING IT AS LEVERAGE TOWARDS POPULATIONS THAT WERE DEEMED AS UNFAIR.

WE'VE NEVER RUN INTO THAT PROBLEM.

HONESTLY, I PULLED THE NUMBERS OVER THE LAST 36 MONTHS WITH AS MANY YOUTH AS WE HAVE IN THIS COMMUNITY.

WE'VE ONLY WRITTEN 79 CITATIONS IN THREE YEARS AND WE'VE HAD 5 WRITTEN WARNINGS SO IN THE LAST 24 MONTHS.

SO IT'S NOT WE'RE FORTUNATE THAT WE HAVE REALLY GREAT RELATIONSHIPS WITH OUR YOUTH, WITH OUR PARENTS AND COMMUNITY.

AND SO OUR OFFICERS USE A GREAT DEAL OF DISCRETION IN WORKING OUT CONCERNS WHEN THEY RUN ACROSS YOUTH IN THE COMMUNITY OUT PAST THEIR CURFEW.

I DO APPRECIATE THAT AND I KNOW OUR OFFICERS ARE VERY GOOD ABOUT EXPLAINING THINGS AND USING THEIR DISCRETION WHEN APPROPRIATE.

[00:30:09]

AS A PARENT, I LOVED HAVING A CURFEW BECAUSE THAT WAS A LITTLE MORE, I GUESS, TEETH.

ALTHOUGH, YOU KNOW, THE RULES OF MY HOUSE ARE PRETTY STRICT.

BUT THAT'S NOT JUST MOM'S LAW, THAT'S THE LAW.

AND SO MAYBE ONE OF THE REASONS WHY WE DIDN'T HAVE SO MANY CITATIONS IS BECAUSE OTHER PARENTS LIKE ME WERE SAYING, LOOK, IT'S NOT JUST MY RULE, IT IS A LAW. AND SO I DO WONDER IF THAT WILL CHANGE, IF WE'LL HAVE I MEAN, OBVIOUSLY, YOU CAN'T STOP KIDS NOW FOR BEING OUT PAST ANY TIME OF DAY OR NIGHT, BUT I WONDER IF WE CAN COLLECT SOME STATISTICS ON OTHER ISSUES THAT THEY MAY BECOME INVOLVED WITH THAT HAD THEY STAYED HOME BECAUSE OF THE CURFEW, THEY MIGHT NOT HAVE HAD THAT OPPORTUNITY.

NO DOUBT. I THINK OVER TIME THE DATA WILL SUPPORT THAT.

WE ARE FORTUNATE IN THIS COMMUNITY THAT DUE TO THOSE RELATIONSHIPS AND OUR INVOLVEMENT WITH OUR COMMUNITY AND OUR YOUTH, WE GENERALLY WHEN WE RAN ACROSS YOUTH THAT WAS OUT PAST THE CURFEW PREVIOUSLY, IT WAS BECAUSE THERE WAS SOME OTHER VIOLATION THERE, A CRIMINAL MISCHIEF.

THERE WAS A MAYBE THEY WERE DRINKING IN A PARK OR OUT IN A PARK PAST THE TIME THE PARK WAS CLOSED.

AND SO OUR OFFICERS WOULD MAKE CONTACT WITH THEM.

BUT AS FAR AS AS FAR AS LOOKING FOR JUST CURFEW VIOLATIONS OF SOME KID WALKING AROUND THEIR NEIGHBORHOOD, WE WEREN'T LOOKING FOR THOSE.

IT WAS ALWAYS DUE TO AN INVESTIGATION OR SOME OTHER CIRCUMSTANCE.

SO IT'S REALLY NOT HONESTLY, IT'S NOT GOING TO AFFECT US.

I DO AGREE WITH YOU AS A PARENT MYSELF.

IT WAS A GREAT TOOL AS A LAW ENFORCEMENT OFFICIAL.

IT WAS A GREAT TOOL BECAUSE YOU CAN USE IT AS AN EDUCATIONAL TOOL TO EXPLAIN TO THE KID OR THE CHILD, HEY, YOU KNOW WHAT YOU'RE NOT 17.

YOU'VE GOT TO COMPLY WITH THESE.

OR YOU COULD BE ISSUED A CITATION THAT COST YOU 2 OR $300 AND AND WE'RE GOING TO CALL YOUR PARENTS ANYWAY.

AND SO WE WOULD USE IT TO TO MAKE THEM AWARE AND EDUCATE THEM.

BUT AS FAR AS REALLY USING IT, MARKED BY THE 79 CITATIONS OVER THREE YEARS WE'RE NOT USING IT LARGELY JUST TO ENFORCE THAT ORDINANCE.

SO IT'S NOT GOING TO AFFECT US ANYTHING MORE THAN JUST NOT HAVING THAT TOOL IN OUR TOOLBOX NOW.

SO I HAVE A NOTE HERE THAT THAT WENT INTO EFFECT ON SEPTEMBER 1ST.

WE'RE NOW LOOKING AT OCTOBER 2ND.

HAVE WE RECEIVED ANY OFFICIAL COMMUNICATION FROM THE TEXAS AG'S OFFICE AS TO WHY WE HAVEN'T REPEALED THIS YET? NOT THAT I'M AWARE OF. SO WE'RE JUST DOING THIS PROACTIVELY TO BE COMPLIANT? CORRECT. RIGHT. AND THIS ALSO TAKES IT OUT OF THE CODE OF ORDINANCES, THE BOOKS, SO THAT IF SOMEONE IS LOOKING AT OUR TOWN CODE AND THEY SEE THAT COMING NEW TO THE COMMUNITY, THEY MAY BE A COMPONENT TO MOVE HERE.

THEY HAVE A TEENAGER AND THEY'RE LIKE, OH, THEY HAVE A CURFEW ORDINANCE.

SO IT'S A LITTLE BIT OF HOUSEKEEPING.

THAT'S WHY YOU NOTICE MY NAME IS ATTACHED TO GENERATING THE ITEM.

IT'S MORE FOR HOUSEKEEPING TO REMOVE IT OFF THE BOOKS IF IT IS, IN FACT NO LONGER A LAW THAT WE CAN ENFORCE.

SO, MR. PRUITT, NOT TO PUT YOU ON THE SPOT THIS EVENING, BUT THANK YOU FOR JOINING US TONIGHT.

SO IF I OPEN IT UP FOR A MOTION AND THERE IS NOT A MOTION OR A SECOND AND IT FAILS, WHAT TYPE OF RISK IS THE TOWN AT IF THIS DOES NOT GET REPEALED THIS EVENING? WELL, IF YOU'RE NOT ENFORCING IT, THERE'S NOT A LOT OF RISK.

IT CERTAINLY MAKES SENSE TO TO CLEAN IT UP, AS THE CITY SECRETARY'S INDICATED.

BUT IF YOU'RE NOT IF YOUR POLICE OFFICERS ARE NOT CITING STUDENTS OR CHILDREN FOR AN ESSENTIALLY A NONEXISTENT LAW, THEN YOU DON'T HAVE A RISK.

THERE ARE QUITE A NUMBER, FRANKLY, OF NOT ONLY CITY LAWS, BUT STATE LAWS THAT ARE OUT THERE ON THE BOOKS RIGHT NOW THAT BECAUSE OF SUPREME COURT DECISIONS, THEY'RE NOT ENFORCEABLE.

WE HAVE LOTS OF THOSE POLICE OFFICERS NORMALLY KNOW WHICH ONE OF THOSE THEY ARE AND DON'T ENFORCE THEM.

BUT EVERY ONCE IN A WHILE, A POLICE OFFICER WILL TRY TO ENFORCE A LAW THAT'S NO LONGER VIABLE.

SO YOU DO HAVE THAT RISK, BUT IT'S PROBABLY RELATIVELY SMALL RISK.

ALL RIGHT. THANK YOU, SIR. COUNCIL, DO YOU HAVE ANY QUESTIONS FOR STAFF OR COMMENTS? I HAVE ONE MORE QUESTION FOR CHIEF.

SO YOU SAID THAT THIS WAS A TOOL.

SO IF YOU SEE YOUNG PEOPLE OUT ON THE STREETS AFTER CURFEW, THIS WAS A TOOL THAT YOU COULD GO AND TAKE A LOOK AT WHAT THEY'RE UP TO.

THIS WAS THIS CURFEW LAW THAT'S HOW YOU WERE APPLYING IT.

WE HAVE NEVER USED THE AGE ALONE.

WHAT WE SUSPECT SOMEBODY TO BE IN YEARS AS OUR PROBABLE CAUSE TO MAKE CONTACT.

WE CAN MAKE CONSENSUAL CONTACTS WITH ANYBODY.

IF SOMEBODY IS OUT AT 2:00 IN THE MORNING.

PART OF IT'S AN INVESTIGATIVE TOOL.

WE MIGHT NOT HAVE PROBABLE CAUSE TO TAKE ANY TYPE OF ENFORCEMENT ACTION IF THEY CHOOSE NOT TO ENGAGE WITH US.

BUT AS FAR AS A CONSENSUAL CONTACT, IT DOESN'T PREVENT US FROM JUST SAYING, HEY, I'M INTRODUCING MYSELF.

[00:35:02]

I'M OFFICER JENNINGS.

I WAS A LITTLE CONCERNED. DO YOU NEED A RIDE? IS THERE IS THERE A REASON YOU'RE OUT? OTHER THAN IF THEY SAY NO, I'M JUST OUT TAKING A WALK AT 3:00 IN THE MORNING.

IF IF WE DON'T HAVE A COMPLAINT OR SOMETHING ELSE THAT HAS PUT US IN THAT AREA LIKE A CALL FOR SERVICE, THEN WE'LL JUST, GENERALLY SPEAKING, EXCHANGE PLEASANTRIES AND SEND THEM ON THEIR WAY.

TO ANSWER YOUR QUESTION, THERE'S ALWAYS MOST OF THE TIME OFFICERS ARE MAKING CONTACT WITH PEOPLE, EITHER BECAUSE WE'VE RECEIVED A CALL, BECAUSE OUR COMMUNITY'S CONCERNED. THEY SEE A PERSON OUT WALKING IN THEIR NEIGHBORHOOD AT 3:00 IN THE MORNING.

THAT'S UNUSUAL. SO THEY'LL MAKE A CALL FOR SERVICE.

OUR OFFICERS WILL ROLL THE AREA OR DRIVE THROUGH THE AREA OR WE HAVE A CRIMINAL NEXUS.

WE HAVE A REASON FOR BEING THERE.

WE HAVE A THEFT THAT JUST OCCURRED IN THE AREA.

WE HAVE A CRIMINAL MISCHIEF, A CAR THAT GOT EGGED OR A HOUSE THAT GOT TOILET PAPER OR SOMETHING.

AND OUR OFFICERS ARE IN THE AREA INVESTIGATING THAT.

NOW, THAT GIVES US A CRIMINAL NEXUS TO CONTACT.

THAT'S GENERALLY WHERE WE HAVE RUN INTO YOUTH.

AND THEN IF WE NOTICE THAT THEY ARE A MINOR, THEN WE HAVE THAT TOOL TO TAKE ENFORCEMENT ACTION.

IF WE DON'T HAVE ANYTHING ELSE AT THE TIME AND NEED TO, MOST OF THE TIME I SPENT SEVEN YEARS ON NIGHTS WE'LL CONTACT THE PARENTS.

WE'LL SAY, DO YOU REALIZE YOUR SON OR DAUGHTER IS OUT AT THIS TIME? AND WE HAVE A CONCERN.

WOULD YOU LIKE TO COME PICK THEM UP OR WOULD YOU LIKE FOR US TO BRING THEM HOME? AND SO WE USE IT AS A AS A MANNER TO REMAIN IN CONTACT, BUT JUST THEIR AGE ALONE.

DOES THAT ANSWER YOUR QUESTION? WELL, IT KIND OF DOES.

BUT I GUESS WHAT I'M THINKING ABOUT, YOU KNOW, OBVIOUSLY, TO ANN'S POINT, YOU KNOW, IF PARENTS ARE SETTING GOOD BOUNDARIES, THERE'S NO NEED FOR A CURFEW.

BUT WE KNOW I KNOW IN MY NEIGHBORHOOD THAT ISN'T ALWAYS THE CASE AND THAT THE COMMUNITY USING THIS LAW CAN STEP IN AND SAY, HEY, WE'RE GOING TO SET BOUNDARIES FOR THIS HOME WHERE THERE ARE SOME BOUNDARIES THAT NEED TO BE SET.

AND I'M THINKING PRACTICALLY ABOUT, YOU KNOW, THE CATALYTIC CONVERTER THEFTS, THE CAR BREAK INS.

I'VE SEEN THE VIDEOS, I SEE THEM ALL THE TIME ON NEXTDOOR, WHERE SOMEBODY IS GOING AROUND CHECKING DOOR HANDLES FOR UNLOCKED CARS.

AND IT SEEMS LIKE THIS WOULD GIVE YOU A TOOL TO JUST SAY, HEY, I SEE SOMEONE WALKING DOWN THE STREET IN THIS RESIDENTIAL NEIGHBORHOOD.

NOW I CAN GO IN AND BUT YOU'RE SAYING THAT YOU STILL HAVE ENOUGH TOOLS IN YOUR TOOL BELT TO GO TO THAT PERSON AND SEE, IS THIS SOMEBODY WHO'S CHECKING THIS NEIGHBORHOOD OUT OR IS THIS JUST SOMEBODY WHO HAPPENED TO, YOU KNOW, DECIDE TO TAKE A BREAK FROM VIDEO GAMES AND WALK AROUND THE BLOCK? ABSOLUTELY. WE WE HAVE NEVER REALLY USED THIS TOOL FOR CONTACT.

IT IS A IT'S AN ANCILLARY TOOL THAT WE HAVE AT OUR DISPOSAL IF WE HAVE A SITUATION TO WHERE WE JUST WE NEED TO HELP THIS YOUNG PERSON LEARN A LESSON.

AND THAT MIGHT BE THE MEASURE THAT WE.

IT WAS NICE TO HAVE LIKE MAYOR PRO TEM MARTIN SAID IT WAS A VERY NICE TOOL TO USE AND TO LEVERAGE BASICALLY WITH YOUR YOUNG PEOPLE.

BUT THERE'S ALWAYS FROM AN INVESTIGATIVE STANDPOINT, THERE ARE MANY OTHER WAYS OF DOING THE JOB EFFECTIVELY WITHOUT IT.

SO, MAYOR, WE HAVE A LOT OF WORK TO DO WITH OUR ELECTED OFFICIALS TO GET THEM ON THE SAME PAGE WITH THEIR COMMUNITIES.

I DON'T KNOW WHY THEY'RE DOING THIS, BUT I'M NOT SURE THAT BEING OUT OF COMPLIANCE WITH STATE LAW IS THE BEST WAY TO DO THAT.

I INTERPRETED THAT WE WOULD NOT BE OUT OF COMPLIANCE IF WE DID NOT ENFORCE.

WE COULD KEEP IT ON THE BOOKS, BUT WE DON'T ENFORCE IT THEN WE'RE NOT.

OUT OF COMPLIANCE, BUT I'M NOT IN FAVOR OF THAT.

IF WE HAVE A LAW, I WANT IT TO BE ENFORCEABLE.

I WANT IT TO BE THERE FOR A REASON.

BUT I ALSO HAVE VERY I'M DISAPPOINTED.

AND I ACTUALLY WILL SAY I RESENT THE STATE USURPING OUR LOCAL CONTROL ON DECISIONS LIKE THIS.

IT CAME BEFORE US A FEW YEARS AGO BECAUSE WE WOULD RENEW THIS EVERY THREE YEARS, I BELIEVE.

AND WE HAD A VERY NICE DISCUSSION WITH CHIEF COUNSEL ABOUT THE BENEFITS OF HAVING THIS TOOL IN OUR TOOLBOX, AND WE VOTED TO KEEP IT.

AND THAT WAS OUR DECISION.

AND I DON'T AT ALL APPRECIATE THE STATE USURPING OUR CONTROL OVER THAT AND MANY OTHER THINGS.

RIGHT. AND I APPRECIATE YOUR COMMENTS.

IT WAS ALSO JUST I JUST DIDN'T WANT IT TO GO THROUGH ON CONSENT.

I WANTED IT TO BE OPENLY DISCUSSED THAT WAY IF IT GETS PICKED UP SOMEWHERE ON SOCIAL MEDIA OR ANYWHERE THAT WE'VE HAD AN OPPORTUNITY TO DISCUSS IT AND THE VOTE WAS OUT IN THE OPEN AND THE PUBLIC AND OUR RESIDENTS UNDERSTAND THAT WE REALLY DON'T HAVE MUCH OF A CHOICE.

SO MAYOR, IF I MAY, JUST SO YOU KNOW, THE WAY THAT IT ACTUALLY READS IS THE JUVENILE WHERE JUVENILE CURFEWS ARE PROHIBITED UNDER SECTION 370.07 OF THE LOCAL GOVERNMENT CODE, IT SAYS CITIES ARE NOW PROHIBITED FROM ADOPTING OR ENFORCING AN ORDER, ORDINANCE OR OTHER MEASURE TO IMPOSE CURFEWS TO REGULATE THE MOVEMENT OR ACTIONS OF PERSONS YOUNGER THAN 18 YEARS OF AGE.

OF COURSE, THERE'S ALWAYS AN EXCEPTION, AND THAT'S FOR IMPLEMENTING AN EMERGENCY MANAGEMENT PLAN UNDER A DISASTER DECLARATION OR SOMETHING.

[00:40:01]

SO IT'S IT'S PRETTY SPECIFIC THAT SAYING THAT CITIES ARE NOW PROHIBITED FROM ADOPTING OR ENFORCING.

SO I WOULD DEFINITELY IN COMPLIANCE WITH STATE LAW, I BELIEVE THAT WE ARE DOING THE RIGHT THING.

SOME CITIES ARE JUST LETTING IT EXPIRE ON THEIR ORDINANCE, BUT THEY'RE DEFINITELY NOT ENFORCING IT.

SO WE'RE JUST KIND OF BEING PROACTIVE IN REMOVING IT FROM OUR CODE OF ORDINANCES.

I DO HAVE ONE SMALL QUESTION.

IT MAY BE INTERPRETATION, BUT WHAT IS THE LOWER AGE OR MAYBE THE THE AGE OF A YOUNG PERSON AT WHICH YOU COULD SHOW CONCERN FOR THEIR WELFARE BEING OUT AT A CERTAIN HOUR? LIKE IF YOU SEE A TEN YEAR OLD OR A 12 YEAR OLD OR AN 8 YEAR OLD, WOULD THAT NOT BE OF CONCERN IF I SAW MY NEIGHBOR'S EIGHT YEAR OLD LIKE RUNNING DOWN THE STREET.

THAT WOULD BE A REASON THAT I COULD CALL AS A CONCERNED PERSON.

OH, ABSOLUTELY. OKAY.

AND YOU WOULD HAVE CAUSE TO COME OUT AND INVESTIGATE.

AS AN ADULT IN OUR COMMUNITY WE HAVE THAT RESPONSIBILITY.

IF WE SAW NO DIFFERENT IF WE SAW A TODDLER THAT HAD SNUCK OUT OF THE HOUSE AND WE'VE HAD THOSE BEFORE.

AND WHY DO YOU HAVE A 3 OR 4 YEAR OLD? OBVIOUSLY, THEY'RE GOING TO BE YOUNGER THAN 18 YEARS OF AGE.

BUT NO, I THINK AS A COMMUNITY, AND THAT'S WHERE IF WE RECEIVE A CALL, SOMEBODY HAS A CONCERN AND THEY'VE HAD A PROBLEM IN THEIR AREA THAT GIVES US THE ABILITY TO LEGALLY BE THERE AND INQUIRE WITH THAT PERSON.

SO I THINK THAT CAN BE REASSURING FOR OUR COMMUNITY MEMBERS THAT IF THEY DO HAVE A CONCERN ABOUT A JUVENILE OF THAT AGE AND THAT POTENTIAL EXPOSURE, THEY CAN STILL CALL FOR HELP. YEAH.

THANK YOU, CHIEF. COUNCIL DO YOU HAVE ANY OTHER QUESTIONS? ANY DISCUSSION.

I GUESS I'LL ENTERTAIN A MOTION.

MOVE APPROVAL OF REGULAR ITEM K ONE AS PRESENTED.

SECOND.

ANY DELIBERATION ON THE MOTION? THERESA WE HAVE A MOTION AND A SECOND.

PLEASE CALL THE ROLL.

CURFEW ORDINANCE PASSES BY UNANIMOUS VOTE.

MOVING ON TO ITEM NUMBER TWO TIRZ TWO RESOLUTION.

[K.2. TIRZ #2 Resolution - Consider a resolution setting a public hearing under section 311.003 of the Texas tax code for the creation of a tax increment reinvestment zone containing approximately 3,962 acres of land generally located at the intersection of FM 1171 and US 377 and being wholly located within the corporate limits of the Town of Flower Mound.]

LEADING US OFF IS MR. CHILDERS. THANK YOU, MAYOR AND [INAUDIBLE].

EXCUSE ME. MARY PETTY WITH P3 WORKS TO MAKE HER WAY UP FRONT.

AND BY THIS POINT, YOU ALL KNOW MARY VERY WELL.

IT WAS A LITTLE OVER A YEAR AGO.

SHE FIRST JOINED US TO GIVE US A TIRZ 101, IF YOU WILL.

AS WE FIRST HAD CONVERSATIONS AND CONTEMPLATING SETTING UP A SECOND TIRZ ON THE WESTERN SIDE OF TOWN.

DURING THE COURSE OF THE YEAR, SHE'S BEEN AN INVALUABLE ASSET FOR US, AS WE'VE DISCUSSED WITH THE PROPERTY OWNER, DIFFERENT COMPONENTS, AND WE REACHED A PIVOTAL TIME BECAUSE WHAT'S BEFORE YOU TONIGHT IS A RESOLUTION TO GO AHEAD AND SET THE PUBLIC HEARING FOR THE CREATION OF A TIRZ NUMBER TWO.

AND WHAT MARY'S PREPARED TO DO IS PROVIDE SOME SOME BRIEF HISTORY, A BRIEF OVERVIEW, AND ALSO TALK ABOUT THE PRELIMINARY FINANCING PLAN AND SOME OF THE OTHER COMPONENTS THAT ARE ASSOCIATED WITH THAT. SO WITH THAT, I'LL TURN IT OVER TO MARY.

GOOD EVENING, MA'AM. GOOD EVENING, MAYOR AND COUNCIL MARY PETTY, P3 WORKS.

WE ARE TIRZ ADMINISTRATORS ACROSS THE STATE OF TEXAS.

AS THE TOWN MANAGER SPOKE OF I CAME ALMOST A YEAR AGO AND GAVE A TIRZ 101 PRESENTATION TO YOU ALL.

SINCE THEN, I'VE WORKED EXTENSIVELY WITH STAFF TO ANSWER AND EDUCATE SO THAT THEY HAD A GREAT UNDERSTANDING OF WHERE THEY NEEDED TO GO IN CERTAIN RECOMMENDATIONS.

SO TONIGHT'S ITEM ON THE AGENDA IS VERY SPECIFIC.

IT'S A RESOLUTION TO CALL A PUBLIC HEARING.

AT THAT PUBLIC HEARING, PERSONS CAN SPEAK FOR OR AGAINST THE TIRZ, PROPERTY IN THE TIRZ, OR JUST THE CONCEPT OF THE TAX INCREMENT REINVESTMENT ZONE IN GENERAL.

HOWEVER, TONIGHT'S ACTION WERE YOU TO ADOPT IT DOES NOT CREATE ANYTHING.

IT DOES NOT APPROVE ANYTHING.

IT JUST DIRECTS STAFF TO GO AHEAD AND MAKE SURE THEY FILE THOSE NOTICES, PUT TOGETHER ANY PRESENTATIONS IN THE INTERIM THAT MIGHT BE DESIRED OR NEEDED IN ORDER TO ANSWER QUESTIONS, BUT IT'S NOW BEEN POSTED TO YOUR AGENDA.

I KNOW THE WEBSITE'S BEEN UPDATED.

I THINK THE PRESENTATION WE GAVE PREVIOUSLY HAS ALSO BEEN MADE AVAILABLE, EVEN THOUGH IT WAS PUBLIC BEFOREHAND.

IT'S JUST A LITTLE BIT MORE CONSPICUOUS.

SO WHAT I'LL GO THROUGH TONIGHT IS JUST A HIGH LEVEL OF WHAT I PRESENTED LAST YEAR, I WON'T TAKE AS LONG, BUT THEN ONE OF THE ITEMS THAT IS PART OF YOUR AGENDA IS A PRELIMINARY PROJECT AND FINANCE PLAN WHICH IS REQUIRED BY THE STATUTE.

AND I'LL GO THROUGH JUST A COUPLE OF HIGHLIGHTS OF THAT.

THE WHOLE PLAN IS NOT HERE, BUT AGAIN, IT'S IN THE AGENDA.

SO IF YOU RECALL, CHAPTER 311 OF THE TEXAS TAX CODE IS WHAT GOVERNS TAX INCREMENT REINVESTMENT ZONES.

IT'S VERY SPECIFIC ABOUT THE PROCESS.

IT'S VERY SPECIFIC ABOUT CERTAIN THINGS THAT ARE ALLOWED AND NOT ALLOWED.

BUT IT IS A VERY BROAD ECONOMIC DEVELOPMENT TOOL THAT THE TOWN HAS AT ITS DISPOSAL.

BIG PICTURE CONSIDERATIONS.

YOU USE THIS TO FURTHER INFRASTRUCTURE.

YOU USE THIS TO ATTRACT CERTAIN DESIRABLE ECONOMIC DEVELOPMENT COMPONENTS.

YOU PUT IT IN PLACE USUALLY WHEN A PROPERTY VALUE IS AT ITS LOWEST AND IT'S ONLY GOING TO INCREASE IN ORDER TO CAPTURE THAT INCREMENT SO THAT YOU CAN PROVIDE

[00:45:06]

FUNDING FOR SPECIFIC INFRASTRUCTURE AND COMPONENTS THAT BENEFIT THAT ZONE.

YOU ALSO HAVE THE ABILITY TO INVITE OTHER TAXING ENTITIES TO PARTICIPATE WITH YOU.

TYPICALLY, SCHOOL DISTRICTS DO NOT BECAUSE OF HOW IT IMPACTS THEIR STATE FUNDING, BUT YOU ARE VERY IT'S VERY FREQUENT THAT THE COUNTIES WILL PARTICIPATE AS WELL AS SOME OTHER TAXING ENTITIES.

THE LIFESPAN OF THE ZONE IS ESTABLISHED BY COUNCIL AT THE TIME THAT YOU CREATE IT.

SO THAT WOULD BE AT THE FUTURE DATE.

THE INCREMENT THAT IS ESTABLISHED AS THE BASE VALUE IS CONFIRMED BY THE APPRAISAL DISTRICT.

AND THEN AFTER THAT A PERCENTAGE IS DECIDED UPON AT CREATION ON WHAT PERCENTAGE WILL BE DEPOSITED INTO THE TIRZ FUND.

AS YOU KNOW, MY ILLUSTRATION JUST KIND OF SPLITS IT DOWN THE MIDDLE, BUT IT SHOWS THAT A PORTION OF THAT NEW INCREMENT DOES FLOW INTO THE GENERAL FUND AND A PORTION OF THAT INCREMENT CAN FLOW INTO THE TIRZ FUND AFTER THE END.

AT THE END OF THE TERM, ALL OF THAT INCREMENT RETURNS BACK TO THE TAXING ENTITIES UNLESS THERE'S A SOLUTION OR A RESOLUTION TO HOW YOU STEP OUT OF THAT OUT OF THAT PROGRAM. SO THERE ARE NUMEROUS GOALS THAT OUR TOWN CAN DEPLOY A TIRZ FOR.

IT CAN BE REVITALIZATION, IT CAN BE NEW INFRASTRUCTURE, IT CAN BE ECONOMIC, WHERE YOU'RE ATTRACTING CERTAIN USERS AND CERTAIN VALUES TO A PARTICULAR AREA. I THINK FOR THIS PARTICULAR PROJECT YOU WOULD BE UTILIZING ALL OF THOSE AND I THINK THAT'S WHAT STAFF INTENDS TO HOPEFULLY ACCOMPLISH.

THE STATUTE DOES HAVE CERTAIN SPECIFICS.

IT DOES NOT REQUIRE THIS RESOLUTION THAT'S ACTUALLY ON YOUR AGENDA TONIGHT.

IT REALLY ONLY REQUIRES THAT THE TOWN PUBLISH SEVEN DAYS PRIOR TO THE PUBLIC HEARING IN A NEWSPAPER AND THEN HAVE DOCUMENTS READY FOR INSPECTION.

THAT DOESN'T GIVE THE PUBLIC VERY MUCH TIME TO VIEW IT DOESN'T GIVE YOU ALL VERY MUCH TIME TO LOOK AT IT EITHER.

AND SO OUR TYPICAL RECOMMENDATION TO OUR TOWN STAFFS IS TO GO AHEAD AND MAKE SURE WE HAVE IT OUT THERE WITH LONG ENOUGH TIME TO ANSWER QUESTIONS, HAVE IT BE VIEWED, MAKE SURE YOU ALL HAVE YOUR QUESTIONS AND YOU'RE ABLE TO WORK THROUGH WHAT IT IS AND WHAT IT'S NOT.

SO AGAIN, YOU WON'T SEE THIS RESOLUTION THAT WE HAVE TONIGHT ON THIS BECAUSE THIS IS THE STATUTORY REQUIREMENTS.

AND SO YOU CONDUCT THE PUBLIC HEARING AT SOME TIME IN THE FUTURE, AND THEN YOU WOULD ACT UPON AN ORDINANCE THAT CREATES THE TIRZ.

JUST BECAUSE YOU CREATE THAT TIRZ IN THE FUTURE DOES NOT MEAN THAT YOU HAVE APPROVED CERTAIN PROJECTS.

IT DOES NOT MEAN THAT YOU HAVE OBLIGATED THE DOLLARS TO A PARTICULAR ENTITY OR INDIVIDUAL.

IT JUST MEANS THAT YOU HAVE ESTABLISHED A BOUNDARY.

YOU HAVE SAID ANY FUTURE VALUE.

WE WANT TO SEE IT TO GO INTO A FUND AND SO THAT WE HAVE A FUTURE OPPORTUNITY IN ORDER TO ESTABLISH PROJECTS.

TONIGHT, THOUGH, WHAT YOU HAVE BEFORE YOU IS A FINAL PLAN.

WE'VE TALKED ABOUT THE TIRZ BOARD BEFORE IT'S APPOINTED BY YOU ALL, BUT THE PROJECT AND FINANCE PLAN ULTIMATELY WILL BE FINALIZED.

RIGHT NOW ATTACHED TO YOUR AGENDA IS A PRELIMINARY.

IT HAS ALL OF THESE COMPONENTS IN IT.

IT TALKS ABOUT THE LEGAL DESCRIPTIONS, MAPS, NON PROJECT COSTS, BECAUSE NON PROJECT COSTS IS WHAT'S GOING TO TELL US WHAT THAT NEW INCREMENT WOULD BE.

IT HAS THE ESTIMATED PROJECT COST.

DO YOU HAVE ENOUGH PROJECTS TO ACTUALLY UTILIZE THE INCREMENT THAT'S GOING TO BE PRODUCED? ECONOMIC FEASIBILITY.

THE ONLY TIME YOU'RE REQUIRED TO HAVE ONE OF THOSE IS AT THIS PRELIMINARY PLAN.

AND SO WE MAKE SOME ASSUMPTIONS BASED ON THINGS WE KNOW AND UNDERSTAND ABOUT THE SURROUNDING AREA.

WE MAKE ASSUMPTIONS IN KEEPING WITH THE ENGINEERING DEPARTMENT AND PUBLIC WORKS ABOUT WHAT INFRASTRUCTURE STILL NEEDED AND REQUIRED SO THAT WE KNOW WHAT THOSE COSTS WOULD BE.

AND THEN YOUR METHOD OF FINANCING, YOU HAVE A COUPLE OF DIFFERENT ROUTES, BUT WE USUALLY IDENTIFY WHAT THE MOST CONSERVATIVE IS.

YOU AS TOWN COUNCIL ALWAYS HAVE THE OPPORTUNITY TO AMEND THOSE IN THE FUTURE.

TIRZS DO NOT IMPACT ZONING OR DEVELOPMENT AGREEMENTS.

BUT OFTENTIMES WHAT YOU'LL SEE IS THE ZONING IS IN PLACE.

AND SO THAT'S WHERE WE LIFT UP SOME OF THE ASSUMPTIONS ON THAT FEASIBILITY PLAN.

AND THEN IN THE FUTURE YOU WILL SEE LANDOWNERS AND OR DEVELOPERS GO, OKAY, HERE'S AN OPPORTUNITY WE UNDERSTAND WHAT IS EXPECTED.

WE UNDERSTAND WHAT PROJECTS COULD POTENTIALLY BE AVAILABLE AND ELIGIBLE.

AND THEN THAT DIALOG BEGINS WITH TOWN STAFF AND THE TOWN COUNCIL.

SO THIS IS A TIRZ BOUNDARY.

IT BASICALLY COVERS THE WESTERN SIDE, PAST THE CROSS TIMBERS REGION.

IT GOES ALL THE WAY INTO YOUR TOWN LIMITS TO I-35.

A BETTER MAP IS AVAILABLE IN YOUR AGENDA PACKET, BUT GENERALLY THE LOCATION IN THOSE TWO CROSS ROADS ARE 1171 AND 377.

AND SO THERE'S A SIGNIFICANT AMOUNT OF PROPERTY.

REMEMBER, WHEN YOU'RE CONDUCTING WHERE YOU'RE GOING TO SPEND YOUR ACTUAL FUNDS, YOU WANT TO SPEND IT ON PROJECTS THAT BENEFIT THE ZONE.

AND SO MAKING SURE THAT THOSE MAJOR PROJECTS BENEFIT A LARGE AREA, THAT'S TYPICALLY HOW YOU DRAW YOUR BOUNDARY.

SO THESE WOULD BE YOUR NON PROJECT COSTS.

SO THIS IS A PROBABLY VERY, VERY CONSERVATIVE LOOK AT WHAT THAT ENTIRE AREA MIGHT GENERATE, REALIZING THAT THERE'S SOME SIGNIFICANT FLOODPLAIN AND PARK LAND AREA THAT

[00:50:07]

DOESN'T NECESSARILY END UP WITH VALUE ON OUR TIRZ.

YOU CAN STILL DO PROJECTS WITHIN YOUR TIRZ PLAN FOR PROPERTY IF IT'S INCLUDED IN YOUR ZONE.

SO YOU'VE GOT SOME VALUES HERE BASED ON THE ASSUMPTIONS THAT ARE WITHIN THE CURRENT ZONING ACROSS THAT AREA.

AND THEN WE TOOK THE MAP OF THE BOUNDARY AND WE OVERLAID WITH THE HELP OF TOWN STAFF, THE ACTUAL PUBLIC WORKS PROJECTS, ROADS, WATER, SEWER, DRAINAGE, AMONG OTHER THINGS. AND SO YOU SEE THESE SNAKY LINES.

THOSE ARE EXPOUNDED ON IN MORE DETAIL IN THAT PROJECT AND FINANCE PLAN THAT'S ATTACHED TO THE AGENDA.

BUT YOU SEE ALL OF THOSE PROPERTIES THAT SURROUND THOSE MAJOR PIECES OF INFRASTRUCTURE CLEARLY BENEFITED BY THAT INFRASTRUCTURE.

SO PROJECT COST AGAIN, THIS IS PRELIMINARY NUMBERS IN TODAY'S DOLLARS.

THERE'S NO INFLATIONARY FACTORS.

THERE'S NO, YOU KNOW, GUESSING ABOUT WHAT THE FUTURE HOLDS FOR FUTURE COSTS.

AND SO WHAT YOU SEE HERE IS JUST OUR BEST UNDERSTANDING ABOUT THOSE COMPONENTS.

SO IF COSTS INCREASE, IT DOESN'T PRECLUDE YOU FROM BEING ABLE TO GO AHEAD AND SPEND THE DOLLARS IF YOU HAVE THEM ON THOSE PARTICULAR PROJECTS.

BUT AGAIN, FOR THE PURPOSES OF THE STATUTE, YOU HAVE TO PUT FORTH SOMETHING THAT IS REASONABLE.

AND THE TOWN ENGINEER AND PUBLIC WORKS HAVE REVIEWED THIS AND CONSIDERED THAT THIS WOULD BE REASONABLE COSTS.

NOW, THIS IS A FEASIBILITY PLAN.

I MARKED THAT IT'S ACTUALLY ON PAGE 15 OF THE PROJECT AND FINANCE PLAN BECAUSE IT'S VERY SMALL ON THE SCREEN AND FOR THOSE VIEWERS AT HOME.

BUT THIS FEASIBILITY PLAN BASICALLY ASSUMES A 3% INCREASE EVERY YEAR, EVERY DECADE T HERE'S ABOUT TWO YEARS IN WHICH YOU HAVE A ZERO GROWTH FACTOR.

IT RESETS THE MODEL.

AND THIS IS A MODEL.

WE DON'T HAVE A CRYSTAL BALL.

WE DON'T KNOW REALLY WHAT'S COMING, BUT IT ALLOWS US TO SEE WHETHER OR NOT THE PROJECT IS FEASIBLE AGAINST THE PROJECT COSTS AND WHAT WE ANTICIPATE MIGHT HAPPEN OVER THE TERM.

THERE IS A PROPOSED TERM OF 30 YEARS.

TYPICALLY WE ARE SEEING MUNICIPALITIES CREATE THOSE TIRZS FOR 30 TO 50 YEARS, DEPENDING ON THE PROJECTS AND THE SIZE.

IT DOESN'T. THERE'S NOT ANYTHING THAT PRECLUDES YOU FROM, YOU KNOW, NOT BEING ABLE TO EXTEND IT IN THE FUTURE IF A PROJECT WARRANTED OR IF YOU SO DESIRED.

SO ONE OTHER ITEM THAT THIS PROJECT WILL HAVE IS ALSO ECONOMIC DEVELOPMENT POWERS.

WE TALKED ABOUT BEING ABLE TO INCENTIVIZE PARTICULAR USERS, PARTICULAR PROJECTS WITHIN THE AREA THAT'S ONE OF THE COMPONENTS THAT ALLOWS YOU THE FLEXIBILITY TO SPECIFICALLY CUSTOMIZE HOW THOSE ECONOMIC DEVELOPMENT TOOLS ARE DEPLOYED WITHIN THE TIRZ.

AND SO THAT'S JUST ANOTHER FEATURE THAT'S IN THERE.

WE COVERED THAT LAST TIME AS WELL.

SO THE NEXT STEPS WOULD HOPEFULLY BE THAT THE COUNCIL GOES AHEAD AND APPROVES THE RESOLUTION TO CALL THE PUBLIC HEARING.

IT IS CURRENTLY SET FOR NOVEMBER 6TH.

SO THAT'S ACTUALLY IN THE NOTICE.

IF YOU APPROVED IT AS IT'S WRITTEN TONIGHT, IT WOULD COME BACK TO THAT NOVEMBER 6TH DATE.

YOU WOULD HOLD THAT PUBLIC HEARING I MENTIONED BEFORE I STARTED THE PRESENTATION IMMEDIATELY AFTER THE PUBLIC HEARING IS TYPICALLY THE REQUEST TO APPROVE THE ORDINANCE AND ADOPT THE CREATION.

THAT CAN BE SOMETHING THAT WE WORK THROUGH.

IF THAT'S AS BETWEEN NOW AND THAT TIME PERIOD, THERE ARE QUESTIONS THAT WE NEED TO WORK THROUGH THAT WE CAN.

AND THEN THE COUNCIL EVENTUALLY WILL APPROVE A FINAL PROJECT AND FINANCE PLAN AT SOME POINT IN THE FUTURE.

SO THE OPPORTUNITY NOW IS TO CREATE THAT TIRZ WITH A BASE VALUE FOR THIS YEAR.

AND AS WE SEE DEVELOPMENT MOVE FORWARD AND AS WE HAVE A BETTER VIEW AND A BETTER UNDERSTANDING OF WHAT PROJECTS MIGHT BE AVAILABLE TO YOU IN ORDER TO PARTNER WITH, THEN YOU WOULD ENTER INTO YOUR FINAL PLAN.

AT THAT TIME, YOU'D ALSO ENTER INTO OTHER AGREEMENTS THAT WOULD OBLIGATE THE PARTIES TO PERFORM.

BUT THOSE ARE THOSE COMPONENTS THAT WE WOULD WORK ON IN THE FUTURE SINCE WE DON'T KNOW WHAT THEY ARE RIGHT NOW.

SO I ALSO PRESENTED THIS SLIDE THAT THERE ARE NUMEROUS TIRZS THROUGHOUT THE DFW AREA.

AND THEN AT THIS TIME, I'M HAPPY TO ANSWER ANY QUESTIONS ABOUT THE NEXT STEPS OR ANYTHING IN THE PLANS.

THANK YOU, MISS PETTY. YES, SIR.

COUNCIL? MAYOR, IF I MAY, BEFORE YOU OPEN UP FOR QUESTIONS, I JUST WANT TO KIND OF GIVE YOU SOME SOME OF OUR THOUGHTS AS WE MOVE FORWARD.

RIGHT NOW ON OCTOBER 19TH AT THE WORK SESSION, WE TENTATIVELY HAVE PENCILED IN AN EDUCATION PIECE FOR FOR THIS PARTICULAR ITEM.

ONE OF THE THINGS THAT WE INTEND TO LAUNCH STARTING TOMORROW IS A DEDICATED WEB PAGE FOR PEOPLE WHO ARE INTERESTED AND HAVE QUESTIONS ABOUT TIRZ NUMBER TWO.

WE ALREADY HAVE A BASELINE SET UP ON THAT PAGE.

WE'LL ALSO HAVE DEDICATED EMAIL ADDRESS FOR FOLKS THAT HAVE QUESTIONS THAT THEY WANT TO ASK THE STAFF FOR US TO BE RESPONSIVE TO THAT.

AND I SEE THIS OVER TIME AS A WAY THAT WE CAN START FORMULATING A FAQ AS WE START RECEIVE JUST GENERAL QUESTIONS FROM THE PUBLIC AND CERTAINLY AS YOU ALL RECEIVE THEM AND YA'LL SHARE THEM WITH US, WE CAN POPULATE THAT.

SO WE JUST WANT TO PUT A REPOSITORY FOR PEOPLE ARE OBVIOUSLY GOING TO HAVE INTEREST IN THIS, HAVE QUESTIONS, THOUGHTS, CONCERNS, SO ON AND SO FORTH.

[00:55:03]

WE WANT TO CREATE A SPACE FOR THEM TO SHARE THAT INFORMATION, FOR US TO BE ABLE TO PULL THAT TOGETHER AS WE GET TO THAT NOVEMBER 6TH TIMEFRAME, YOU'LL BE ABLE TO SEE THAT FEEDBACK AND THOSE QUESTIONS THAT THE PUBLIC ARE GENERATING.

SO JUST WANTED YOU TO BE AWARE OF WHAT OUR PLANS ARE AS A STAFF STARTING TOMORROW WITH GETTING THAT INFORMATION ON OUR WEBSITE.

THANKS, JAMES. AND WILL WE POST THAT ON SOCIAL MEDIA AND SHARE THAT INFORMATION? SO YES. OKAY, GREAT.

SO I DO HAVE A REQUEST SHOULD WE DECIDE TONIGHT TO MOVE FORWARD WITH THE PUBLIC HEARING ON THE 6TH? I'D LIKE TO HAVE A LOT MORE INFORMATION ABOUT SECTION 11 METHOD OF FINANCING, PARTICULARLY FUNDING THE INITIAL TIRZ MONEY, BECAUSE I THINK IT IS IN OUR PACKET THIS TIME AND I'M NOT SURE IF THE MILLIONS WATCHING AT HOME WOULD HAVE DELVED DEEP, BUT I THINK PEOPLE WILL BE INTERESTED TO LEARN HOW IT WILL BE FINANCED. AND ALSO I'D LIKE ATTENTION DRAWN TO THE FACT THAT THERE IS NO BONDED INDEBTEDNESS PLANNED.

SO I THINK THAT'S A SIGNIFICANT FEATURE WE SHOULD SPEND SOME TIME TALKING ABOUT SHOULD WE MOVE FORWARD.

AND SO TONIGHT, WE'RE JUST DISCUSSING AND ENTERTAINING A MOTION FOR A RESOLUTION FOR A PUBLIC HEARING.

AND THAT'S ALL. SO, MAYOR, IS YOUR INTENT TO HAVE DELIBERATION ON THE MERITS OF THE TIRZ, THE DETAILS OF THE TIRZ AT THAT NEXT MEETING? THAT'S CORRECT. YEAH, THIS IS JUST FOR A RESOLUTION FOR A PUBLIC HEARING.

WE NEED TO KEEP IT WITHIN THE SCOPE OF THAT AGENDA ITEM.

BASICALLY JUST INFORMS TOWN STAFF, GO DO PRESENTATIONS AND PUT IT ON THE AGENDA FOR THE 6TH, AND THEN THAT TRIGGERS WHAT MR. CHILDERS SAID ABOUT WEBSITE AND FAQ AND THAT AND THEN.

I THINK IT'S GOOD. YOU READY FOR A MOTION? GO. DO YOU HAVE ANY QUESTIONS? THANK YOU, MISS PETTY.

I'LL ENTERTAIN A MOTION.

I MOVE TO APPROVE REGULAR ITEM K TWO AS PRESENTED.

SECOND. ANY DELIBERATION ON THAT MOTION? THERESA. WE HAVE A MOTION AND A SECOND.

PLEASE CALL THE ROLL.

COUNCILMEMBER TAYLOR. AYE.

COUNCILMEMBER DREW. AYE.

MAYOR PRO TEM ENGEL.

AYE. DEPUTY MAYOR PRO TEM MARTIN.

AYE. AND COUNCIL MEMBER SCHIESTEL.

NAY. ITEM NUMBER TWO TIRZ TWO RESOLUTIONS PASSES BY A VOTE OF 4 TO 1.

MOVING ON TO ITEM NUMBER THREE.

[Items K.3. - K.6.]

WE'RE ACTUALLY GOING TO BE OPENING NUMBER THREE ZPD22-0001 LAKESIDE CENTER.

ITEM NUMBER FOUR TRP22-0021 LAKESIDE CENTER.

ITEM NUMBER FIVE ZPD223-0003 LAKESIDE CROSSING AND ITEM NUMBER SIX TRP2 2-0022 LAKESIDE CROSSING.

ALL AT THE SAME TIME.

WE'RE GOING TO START OFF WITH A PRESENTATION BY MISS MURPHY.

AND THEN WE ALSO HAVE MR. WOODS ON DECK. THANK YOU, MAYOR AND COUNCIL.

SO HERE IS THE GENERAL LOCATION OF THE TWO PROJECTS.

THE TOP PORTION IS LAKESIDE CROSSING.

THIS IS PD 153 AND THE BOTTOM PORTION IS LAKESIDE CENTER.

THIS IS PD 169.

THIS IS AS THE BOUNDARIES OF THOSE TWO PLANNED DEVELOPMENTS ARE CURRENTLY APPROVED.

AND HERE'S A MORE CLOSE UP VIEW.

YOU CAN SEE THERE WERE SOME TOWNHOMES THAT WERE APPROVED ON THE WEST SIDE OF LAKESIDE CENTER AND ALSO TOWNHOMES THAT WERE APPROVED ON THE WEST SIDE OF THE LAKESIDE CROSSING DEVELOPMENT AS ORIGINALLY PROPOSED.

AND THEN THIS IS THE EXISTING LAKESIDE CENTER OFFICE BUILDINGS AND GARAGE.

AND HERE ARE THE TWO RETAIL BUILDINGS THAT ARE LOCATED ALONG 2499 AT THE FRONT OF LAKESIDE CROSSING.

SO AGAIN, HERE ARE THE BOUNDARIES OF THOSE TWO PDS AND THEN THIS AS THEY CURRENTLY STAND.

AND THEN THIS IS WHAT IS PROPOSED.

SO WHAT'S BEING PROPOSED IS TO EXTEND THE BOUNDARY OF PD 169, THE LAKESIDE PD INTO THE CENTER PORTION OF PD 153 OR THE LAKESIDE CROSSING ONE.

AND THE PRIMARY REASON FOR THAT IS BECAUSE THE APPLICANT IS WISHING TO MAKE THEIR PROPOSAL FOR THIS OFFICE BUILDING TO BE PART OF A UNIFIED DEVELOPMENT WHICH THE EXISTING LAKESIDE CENTER OFFICE BUILDINGS FURTHER SOUTH.

SO IT MADE MORE SENSE TO MAKE IT ALL PART OF THAT PD AND CHANGE THE BOUNDARIES OF THE PD AS OPPOSED TO HAVING IT LOOK VERY SIMILAR TO THE OTHER BUILDINGS.

BUT TRYING TO SAY IT WAS STILL PART OF THE LAKESIDE CROSSING PLAN DEVELOPMENT.

IT'S LIKE IF THIS IS REALLY PLANNED TO BE PART OF THE LAKESIDE CENTER PLANNED DEVELOPMENT, THEN THAT SHOULD BE YOUR PROPOSAL.

SO THE LAND USE IS CAMPUS COMMERCIAL USES WITHIN THE, I SHOULD SAY, LAKESIDE BUSINESS DISTRICT, NOT DENTON CREEK DISTRICT.

[01:00:05]

SORRY. I JUST NOTICED THAT WAS AN ERROR WITHIN THE LAKESIDE BUSINESS DISTRICT AND THE ZONING IS PD 153 AND PD 169 WITH CAMPUS COMMERCIAL AND SFA USES. SO JUST A LITTLE BIT OF BACKGROUND ON THE LAND USE AND HOW WE GOT TO THIS POINT.

SO THIS IS AGAIN, PART OF THE LAKESIDE BUSINESS DISTRICT.

THE INTENTION IS FOR THIS TO HAVE LARGE SCALE COMMERCIAL AND OR LIGHT INDUSTRIAL DEVELOPMENTS SUCH AS CORPORATE OFFICES, OFFICE PARKS, INDUSTRIAL PARKS, CLEAN MANUFACTURING, HOTEL, COMMERCIAL, SIMILAR USES AND MAY INCLUDE LIMITED RESIDENTIAL DEVELOPMENT.

SO THE COUNCIL MAY REMEMBER A NUMBER OF YEARS PRIOR THERE WAS AN INTEREST IN I THINK THERE WAS AN INTEREST IN GETTING THIS AREA DEVELOPED.

WE WEREN'T REALLY SEEING THE KIND OF OFFICE INTEREST THAT WE HAD HOPED FOR IN CREATING THE LAKESIDE BUSINESS DISTRICT.

AND I THINK ONE OF THE REASONS FOR THAT WAS THE ONE OF THE REASONS THAT IT WAS THOUGHT THAT MIGHT BE WAS DUE TO THE LACK OF THERE WERE ENOUGH ROOFTOPS, THERE WERE NO RESIDENCES TO SUPPORT THE THE OFFICE OR COMMERCIAL THAT WE WANTED TO SEE COME HERE.

AND SO COUNCIL HAD MADE A CHANGE AT THE TIME AND PUT IN THAT REFERENCE TO SOME LIMITED RESIDENTIAL DEVELOPMENT MAY BE APPROPRIATE.

AND THEN WITHIN THE FURTHER DIRECTION ABOUT LAKESIDE BUSINESS DISTRICT, AGAIN WITHIN THE CAMPUS COMMERCIAL USE, IT TALKS ABOUT AGAIN THAT MIXTURE OF USES THAT'S REFERENCED ON THE OTHER SIDE AND THEN JUST HAS TO COMPLY WITH HIGH QUALITY REGIONAL COMMERCIAL DEVELOPMENT, ECONOMIC DEVELOPMENT, COMPETITION, BALANCE, TAX BASE, EXEMPLARY DESIGN.

NO ONE SINGLE USE SHOULD PREDOMINATE THE DISTRICT, USES IN DESIGN SHALL BE IN CONTEXT, AND RESIDENTIAL DEVELOPMENT SHOULD PROVIDE A RANGE OF RESIDENTIAL OPTIONS THAT REFLECT CHANGING LIFESTYLES AND DEMOGRAPHICS AND SHOULD BE SHOULD BE FACILITATED THROUGH THE BALANCING OF MARKET DEMAND AND COMMUNITY PREFERENCES.

SO AT THAT POINT THERE WAS JUST KIND OF THAT GENERAL IDEA LANGUAGE PUT IN PLACE, BUT NOT THE SPECIFICS.

AND SO IT WASN'T LATE UNTIL LATER IN 2019 THAT THE TOWN ADOPTED SPECIFIC STANDARDS FOR WHAT THAT LIMITED RESIDENTIAL COMPONENT COULD BE AND HOW THAT WOULD BE DONE AND HOW IT WOULD LOOK.

SO AT THIS POINT, WE WERE JUST KIND OF TRYING TO MAKE IT WORK BASED ON IF SOMEONE SAYS THEY WANT TO PUT SOME LIMITED RESIDENTIAL INTO THE DEVELOPMENT.

SO THE WAY THAT IT WAS DONE HERE IS THIS WAS KEPT AS THIS PORTION AND THIS PORTION WERE KEPT AS CAMPUS COMMERCIAL, AS THE ZONING, AND THEN THE TOWNHOMES WERE ADDED IN BUT A MASTER PLAN AMENDMENT WASN'T REQUIRED.

THEY WERE ALLOWED WITHIN THE CAMPUS COMMERCIAL LAND USE BECAUSE OF THE REFERENCE TO THE LIMITED RESIDENTIAL BEING APPROPRIATE.

SO THAT'S KIND OF HOW THAT WAS ADDRESSED AT THE TIME.

BUT IT HAD TO COME FORWARD AS PART OF A PLAN DEVELOPMENT.

THAT WAS THE ONLY WAY TO HAVE ANY KIND OF RESIDENTIAL USE WITHIN THE CAMPUS.

COMMERCIAL LAND USE WAS IN PART OF THIS PLAN DEVELOPMENT, WHERE YOU LAY OUT YOUR DESIGN AND PLANS FOR HOW THAT RESIDENTIAL COMPONENT WILL INTERACT WITH THE PROPOSED THE ALLOWED COMMERCIAL USES.

HERE'S JUST A LITTLE BIT OF BACKGROUND.

SO HERE IS THE APPROVED CONCEPT PLAN FOR PD 153 AND SO AGAIN, THIS THIS BUILDING FOUR AND FIVE, THOSE ARE THE TWO MULTI-TENANT RETAIL BUILDINGS THAT ARE LOCATED AT THE FRONT THAT ARE CONSTRUCTED.

NOW THE OTHER BUILDINGS HAD NOT BEEN CONSTRUCTED, SO THIS IS WHERE THEY WERE PROPOSED AND THEN THE TOWNHOMES THERE ALONG THE WESTERN SIDE OF THE PROPERTY.

AND SO THIS IS WHERE THIS WAS WHERE THESE TWO BUILDINGS THAT ARE KIND OF IN QUESTION TONIGHT, BUILDING SIX AND BUILDING SEVEN. THIS IS THE AREA THAT THE APPLICANT IS WANTING TO TAKE OUT OF THE PD, ALONG WITH THE ASSOCIATED PARKING AREA THAT WENT WITH THOSE TWO BUILDINGS.

AND SO THIS WAS ORIGINALLY WHAT WAS PROPOSED.

BUILDING SIX WAS A LITTLE UNDER 16,000FT² AND BUILDING SEVEN WAS A LITTLE OVER 18,000FT².

AND SO HERE IS THE PROPOSED CONCEPT PLAN FOR PD 169.

SO AGAIN, AS WE DISCUSSED, THE APPLICANT IS REQUESTING TO TAKE THIS AREA THAT WAS BUILDING SIX AND SEVEN AND THE PARKING AREA AND INCLUDE IT WITHIN THE PLANNED DEVELOPMENT FOR 169.

SO HERE'S THE EXISTING BUILDING ONE AND TWO THAT ARE PART OF LAKESIDE CENTER.

AND HERE IS THE PROPOSED BUILDING THREE THAT WOULD TAKE THE PLACE OF BUILDING SIX AND SEVEN IN LAKESIDE CROSSING, AS WELL AS THAT ASSOCIATED PARKING.

THE THE LOT EIGHT X IS SHOWN THERE, IT WOULD NOT BE BROUGHT OVER INTO THE LAKESIDE CENTER PLANNED DEVELOPMENT.

IT WOULD STAY AS PART OF THE LAKESIDE CROSSING.

THE REASON WHY IT WAS INCLUDED WAS FOR REFERENCE PURPOSE, BECAUSE THERE WAS SOME LANGUAGE REFERENCED WITHIN AND WE PUT IT IN BOTH PDS.

[01:05:02]

SO THERE WAS NO CONFUSION THAT THERE WERE SOME THINGS THAT THE APPLICANT WAS AGREEING TO DO TO LOT EIGHT X AT THE TIME THAT BUILDING THREE CAME FORWARD. SO THAT'S WHY WE WANTED TO SHOW BOTH THINGS, EVEN THOUGH THEY WERE IN TWO DIFFERENT PDS.

SO THERE ARE A FEW MODIFICATIONS OR EXCEPTIONS THAT ARE BEING REQUESTED ALONG WITH THIS PLAN DEVELOPMENT.

THE FIRST IS TO MODIFY THE TOWN'S OFFICE PARKING RATIO.

SO NORMALLY OUR RATIO WOULD BE ONE SPACE FOR PER 200 FOR MEDICAL OFFICE AND ONE PER 250 FOR GENERAL BUSINESS OFFICE. THERE WAS A DIFFERENT PARKING RATIO THAT WAS APPROVED WITH THE LAKESIDE CENTER PD, AND THAT'S ONE PER 333 IS THE MINIMUM PARKING AND ONE PER 200 AS THE MAX PARKING.

SO IT'S NOT TOO FAR OFF FROM THE TOWN'S CURRENT STANDARD.

AND THE APPLICANT JUST REQUESTED TO CONTINUE TO USE THAT SAME STANDARD FOR THE THIRD BUILDING AS WELL.

AND THEN SO THE REQUIRED NUMBER OF PARKING SPACES BASED ON THAT STANDARD WOULD BE 410.

THEY ARE PROVIDING 458 WITHIN THE GARAGE AND 8 SURFACE PARKING SPACES.

ANOTHER EXCEPTION THAT'S BEING REQUESTED IS FOR MERITORIOUS DESIGN.

IT HAS TO DO WITH THE FACADE ARTICULATION.

AND SO THIS IS AN EXCERPT FROM NEWLY PROPOSED MODIFICATIONS TO THE TOWN'S URBAN DESIGN PLAN TO BETTER ILLUSTRATE WHAT WE'RE REQUESTING.

AND SO WE REQUEST BOTH VERTICAL AND HORIZONTAL PLANE ARTICULATION OR CHANGES OF PLANE.

AND SO THE APPLICANT IS MEETING THE CHANGES OF PLANE ALONG THE HORIZONTAL PLANES.

BUT ON THE VERTICAL PLANES, THEY'RE ONLY MEETING ON THE NORTH SIDE, SO NOT ON THE OTHER THREE SIDES.

SO THEY'RE NOT HAVING THE THESE CHANGES AS SHOWN WHERE THERE'S KIND OF STEPS IN OR OUT ON DIFFERENT LEVELS OF THE BUILDING.

AND SO HERE ON THE NORTH ELEVATION, YOU CAN SEE THIS IS WHERE THE CHANGE WHERE THEY ARE HAVING THAT CHANGE OF PLANE.

SO IT'S MEETING THE STANDARD THERE.

THE OTHER THREE SIDES DON'T HAVE THAT.

THEY'RE ALSO REQUESTING TO CONTINUE TO USE THE FACADE MATERIALS THAT WERE APPROVED WITH.

AGAIN, THE FIRST TWO LAKESIDE CENTER BUILDINGS HAS TO DO WITH ARCHITECTURAL PRECAST PANELS AS THE PRIMARY MASONRY COMPONENT AND THEN METAL AS THE SECONDARY COMPONENT.

AND THEN IT ALSO IS ABOUT THE NUMBER OF WINDOWS AND DOORS.

SO THE TOWN WOULD HAS A STANDARD THAT SAYS YOU SHOULD HAVE A MAXIMUM OF 60% DOORS AND WINDOWS ON ANY FACADE.

AND SO THE APPLICANT IS MEETING THAT ON THE WESTERN ELEVATION, THEY'RE AT 53% DOORS AND WINDOWS.

BUT ON THE OTHER THREE ELEVATIONS, THEY'RE EXCEEDING IT.

ON THE EAST, THEY'RE AT 65%, ON THE SOUTH AT 68% AND ON THE NORTH AT 82%.

AND THEN BESIDE COLORS AS WELL, YOU KNOW, GRAY IS ALSO SOMETHING WE'LL WE WOULD CONTINUE TO TALK ABOUT WITH THE URBAN DESIGN PLAN UPDATE BUT THE APPLICANT HAS REQUESTED TO USE THE SAME COLOR SCHEME THAT WAS APPROVED WITH LAKESIDE CENTER TO CONTINUE THAT ON WITH THIS THIRD OFFICE BUILDING.

AND THEN LASTLY, THEY HAVE ASKED FOR A COMPREHENSIVE SIGN PACKAGE.

SO THE ORANGE BAND SHOW THE POTENTIAL SIGN LOCATION.

SO NOT THAT THE SIGNS WOULD COVER THAT WHOLE AREA, BUT THAT THEY COULD BE LOCATED WITHIN THOSE ORANGE BANDS.

AND SO THEY'VE REQUESTED A MAXIMUM SIGN HEIGHT OF 72IN, MAXIMUM WIDTH OF 50IN, AND THEY WOULD HAVE MAX OF TWO SIGNS ON THE EAST FACADE OF THE GARAGE, MAXIMUM OF SIX SIGNS ON THE EAST FACADE OF THE BUILDING, MAXIMUM FOUR SIGNS ON THE NORTH FACADE OF THE BUILDING, AND MAXIMUM OF FOUR SIGNS ON THE SOUTH FACADE OF THE BUILDING.

IN ADDITION, THEY WOULD LIKE TO HAVE AN OFF SITE GROUND SIGN BECAUSE THEY DON'T HAVE ACTUALLY ANY FRONTAGE ON LAKESIDE, ON 24.99 LAKESIDE INTERNATIONAL WITH THIS THIS CURRENT PIECE OF PROPERTY.

BUT THERE WERE TWO GROUND SIGNS THAT WERE APPROVED WITH THE ORIGINAL LAKESIDE CENTER DEVELOPMENT.

AND SO THEY WOULD LIKE TO USE ONE OF THE APPROVED GROUND SIGNS FOR LAKESIDE CENTER TO LIST TENANTS THAT ARE IN THIS THIRD OFFICE BUILDING.

AND THIS IS JUST TO SHOW YOU THE CSP THAT WAS APPROVED FOR THE ORIGINAL LAKESIDE CENTER PD 169.

SO IT'S FAIRLY CONSISTENT WITH THE LOCATION OF SIGNAGE.

HERE ARE SOME IMAGES FROM THE SITE.

THIS IS LOOKING SOUTH FROM THE BACK OF THE RETAIL BUILDINGS ACROSS THE LOT.

HERE'S LOOKING WEST AGAIN FROM THE RETAIL BUILDINGS INTO THE SITE.

THIS IS LOOKING NORTH.

[01:10:01]

AND HERE WE ARE LOOKING ACROSS 2499 AT THE EXISTING LAKESIDE CENTER PROJECT.

AND THIS IS LOOKING AT THE TWO RETAIL BUILDINGS THAT ARE CONSTRUCTED AS PART OF LAKESIDE CROSSING.

SO HERE IS THE PROPOSED CONCEPT PLAN FOR PD 169 AGAIN, IT IS THIS THIRD BUILDING THAT WOULD BE CONSTRUCTED AND BE MADE A PART OF THE EXISTING PD AND JOIN BUILDINGS ONE AND TWO FOR OVERALL LAKESIDE CENTER.

THE AS MENTIONED, THERE WOULD BE THE 458 GARAGE PARKING SPACES AND 8 SURFACE SPACES, THE BUILDING WOULD BE.

MHM LET'S SEE WHAT OTHER DETAILS WE HAVE ON HERE.

BUILDING WOULD BE 188FT FROM THE PROPERTY LINE ALONG THAT SOUTHERN BOUNDARY AND 128 FROM THE PROPERTY LINE, 128FT FROM THE PROPERTY LINE ALONG THE NORTHERN BOUNDARY. AND THEN JUST GOING BACK TO THE OVERALL SIZE, BECAUSE I KNOW THAT'S A CONCERN AS THE MAIN CONCERN AS PART OF THIS DEVELOPMENT.

SO THE BUILDING WOULD BE OVER 100,000FT² AND 100, 100FT TALL.

THERE IS AN ALLOWANCE WITHIN THE MAX HEIGHT STORIES OR FEET FOR WITHIN CAMPUS COMMERCIAL.

IT ALLOWS BY RIGHT 10 STORIES AND 120FT TALL.

HOWEVER, THAT WAS NOT PROPOSED IN THE PREVIOUS PD, SO IT'S NOT AN AMENDMENT PER SE TO THE UNDERLYING ZONING DISTRICT AND THAT IT DOES CONTEMPLATE HIGHER HEIGHTS, BUT IT IS CHANGING.

WHAT WAS APPROVED WITH THE ORIGINAL PD IS WHAT WOULD BE PROPOSED NOW.

SO HERE IS THE CONCEPT LANDSCAPE PLAN AGAINST PHASE ONE IS COMPLETELY DEVELOPED ALREADY.

ALL THIS LANDSCAPING IS IN PLACE.

AND SO THIS IS PHASE TWO.

THEY'RE ADDING SOME ADDITIONAL LANDSCAPING HERE ALONG THE WESTERN SIDE OF THE BUILDING.

THEY'RE ALSO PROPOSING A 1,600 SQUARE FOOT AMENITY AREA THERE ADJACENT TO THE EXISTING X LOT.

HERE'S SOME MORE DETAIL OF ON SITE AND OFF SITE IMPROVEMENTS.

SO AGAIN, THESE ARE THINGS THAT ARE ON SITE INSTALL EVERGREEN TREES TO SCREEN THE PARKING GARAGE, INSTALL SIDEWALKS AND LIGHTED BOLLARDS AND THE AMENITY AREA WE DISCUSSED.

THE OFF SITE IMPROVEMENTS THEY WOULD PLANT ADDITIONAL ORNAMENTAL TREES, INSTALL LIGHTED BOLLARDS WITHIN THE X LOT AND GROUND COVER AND INSTALL STEPS.

SO HERE'S THE OVERALL OPEN SPACE PLAN.

I'LL TALK ABOUT. I'LL GET INTO IT A LITTLE BIT LATER.

BUT SINCE I HAVE THIS PICTURE, I WAS GOING TO TALK ABOUT IT.

SO SOMETHING ELSE IS BEING PROPOSED AS PART OF A CHANGE TO PD 153 THE LAKESIDE CROSSING IS DEVELOPMENT IS THAT DURING THE LAST AMENDMENT TO THAT PD, THIS WAS APPROVED TO BE, FOR THE MOST PART, JUST A NATURAL AREA AND NOT REALLY HAVE A LOT OF REQUIRED LANDSCAPING OR MAINTENANCE TO IT.

AND SO THAT IS SOMETHING THAT WOULD BE CHANGED WITH THIS AND THAT THE APPLICANT IS WANTING TO INCREASE THE AMOUNT OF MAINTENANCE THAT GOES INTO IT BY ORDINANCE AND ALSO REQUIRE SOME PLANTING OF GRASSES AND TREES.

AND SO HAVING IT MORE OF MORE OF A MANICURED OR PARK LIKE LOOK, NOT TO SAY THAT THEY'RE SCRAPING OUT THE INSIDE OF IT, BUT THEY ARE PROPOSING TO DO A LITTLE BIT MORE MAINTENANCE FOR ALL OF THAT AREA.

SO THAT'S SOMETHING THAT'S ALSO WOULD BE CHANGED TO THE LAKESIDE CROSSING PD IS TO TAKE OUT THAT PREVIOUS MAINTENANCE PLAN THAT JUST KIND OF TALKED ABOUT KEEPING THE WHOLE AREA NATURAL AND JUST CUTTING IT BACK A COUPLE OF TIMES A YEAR.

THIS WOULD PUT IN PLACE AN ACTUAL LANDSCAPE PLAN FOR THE X LOT.

SO OPEN SPACE PLAN THE AMOUNT OF AREA THAT'S DEDICATED FOR OPEN SPACE OVERALL IS CHANGING JUST BECAUSE MORE LAND IS BEING ADDED TO IT BUT THEY'RE NOT REDUCING THE AMOUNT OF LANDSCAPING THAT WAS PROVIDED WITHIN THAT ORIGINAL OPEN SPACE LOT.

SO IT'S GOING FROM 40 TO 33% AS A PERCENTAGE OF TOTAL LAND AREA.

AND THESE ARE ELEVATIONS THAT WERE PROVIDED BY THE APPLICANT.

AGAIN, THIS IS EXISTING PHASE ONE.

PROPOSED PHASE TWO.

EXISTING PHASE ONE.

PROPOSED PHASE TWO.

[01:15:05]

THESE ARE ALSO ELEVATIONS OF THE PARKING GARAGE, BECAUSE WHILE WE HAD LOOKED AT ELEVATIONS IN THE BUILDING ITSELF, HADN'T SEEN THE PARKING GARAGE ELEVATIONS TO THIS POINT. SO TREE SURVEY.

THERE ARE SIX TREES THAT ARE PROPOSED TO BE REMOVED IN ASSOCIATION WITH THIS EXPANSION OF THE LAKESIDE CENTER INTO THE LAKESIDE CROSSING AREA. THERE IS ANOTHER TREE THAT'S ON THE LAKESIDE CENTER TREE SURVEY, I MEAN, LAKESIDE CROSSING TREE SURVEY BECAUSE IT WOULD STILL BE PART OF THE LAKESIDE CROSSING DEVELOPMENT. THIS WAS TAKEN TO THE ECC THEY RECOMMENDED DENIAL OF THE TREE REMOVAL PERMIT REQUEST.

SO AGAIN, HERE'S THE PROPOSED CONCEPT PLAN FOR PD 153.

THIS IS JUST TO KIND OF SHOW YOU THIS IS WHAT WAS ORIGINALLY THERE, TWO BUILDINGS AND THE PARKING AREA KIND OF JUST GHOSTED OVER WHAT'S BEING PROPOSED NOW, THE PARKING GARAGE AND THE BUILDING.

AND HERE IS THE CONCEPT LANDSCAPE PLAN FOR PD 153.

WHAT'S REMAINING.

SO AGAIN, HERE IS THE LOT EIGHT X AREA.

TWO EXISTING BUILDINGS, THIS IS A FUTURE BUILDING TWO, FUTURE BUILDING THREE, AND THEN FUTURE BUILDING ONE IS INTENDED TO BE THE HOTEL.

HERE IS THE OPEN SPACE PLAN FOR PD 153 AND THE AREA THAT IS REMAINING.

SO AS I MENTIONED, THERE ARE SOME ADDITIONAL AMENDMENTS PROPOSED IN ASSOCIATION WITH PD 153 AMEND ELEVATIONS FOR BUILDING TWO, PROPOSE ALTERNATE PARKING STANDARDS FOR AMUSEMENT AND RECREATION USE, AMEND THE MAINTENANCE LANGUAGE FOR THE OPEN SPACE, THAT'S SOMETHING I MENTIONED MENTIONED PREVIOUSLY, AS WELL AS MODIFYING THE PHASING REQUIREMENTS, WHICH I ALSO MENTIONED PREVIOUSLY.

SO AGAIN, HERE ARE THE CONCEPT ELEVATIONS THAT ARE PROPOSED FOR BUILDING TWO.

THESE WERE THE APPROVED ELEVATIONS.

THEY'RE STILL USING ALL OF THE SAME BUILDING MATERIALS.

AND THERE'S THERE'S NOTHING REALLY ABOUT THIS CHANGE IN ELEVATIONS THAT IS OF CONCERN.

IT'S JUST THE FACT THAT SINCE THEY WERE BRINGING FORWARD THIS PD AMENDMENT, WE'RE LIKE, WELL, YOU MIGHT AS WELL PUT THESE ELEVATIONS WITH IT BECAUSE THERE'S NO POINT IF YOU ALREADY HAVE ELEVATIONS YOU KNOW YOU WANT TO DO.

AND NOT HAVING THOSE OFFICIALLY ADOPTED AS PART OF THIS PLAN DEVELOPMENT IF IT WERE TO BE APPROVED.

SO THAT'S WHY THEY HAVE INCLUDED THESE UPDATED ELEVATIONS, BECAUSE THEY NOW HAVE, I THINK, DO HAVE PLANS TO BUILD THIS.

IT WAS ORIGINALLY INTENDED TO BE A RETAIL AND RESTAURANT AND OFFICE KIND OF MIXTURE OF THOSE USES.

AND SO NOW THEY ARE PROPOSING JUST AN OFFICE BUILDING.

SO IT HAS A BIT OF A DIFFERENT LOOK TO IT.

SO ALTERNATE PARKING STANDARDS FOR AMUSEMENT AND RECREATION USE.

SO THIS IS JUST ALLOWING STAFF TO DO A MIX OR A SPLIT PARKING RATIO FOR THIS USE.

IT'S AN ARCADE INDOOR RECREATION TYPE USE OUR INDOOR RECREATION STANDARD BECAUSE OF THE WAY IT'S WRITTEN FOR THE TYPE OF USES WE TYPICALLY SEE, SUCH AS A BOWLING ALLEY OR SOMETHING LIKE THAT, THEN WE FEEL LIKE IT WOULD UNDERREPRESENT THE NECESSARY PARKING IF WE WENT STRICTLY BY THE INDOOR RECREATION USE.

HOWEVER, IF WE WENT BY THE RESTAURANT USE BECAUSE THERE'S ALSO A RESTAURANT COMPONENT TO THIS KIND OF ARCADE RESTAURANT USE, THEN IT WOULD REALLY OVER REPRESENT THERE WOULD BE MORE PARKING THAN IS REALLY NEEDED.

SO STAFF FELT LIKE IT MADE SENSE TO DO A SPLIT RATIO AND DO THE PORTION OF THE BUILDING PRIMARILY USED FOR RESTAURANT USE, THE RESTAURANT RATIO AND THE PORTION USED FOR INDOOR RECREATION AND USE THAT RATIO.

WE JUST DON'T REALLY HAVE THE ABILITY WITHIN OUR CODE WITHOUT DOING SOME SORT OF MODIFICATION OR AMENDMENT TO DO SPLIT RATIOS.

SO THAT'S WHY THIS WAS INCLUDED AS PART OF THIS PD PACKAGE AS WELL.

THERE'S ALSO WITHIN THIS AN IRREVOCABLE SHARED PARKING AGREEMENT WITH LAKESIDE CENTER TO USE 19 SURFACE AND 54 GARAGE PARKING SPACES.

AND THEN THERE ARE TREE SURVEY REQUIREMENTS FOR THE OPEN SPACE AREA TREE SURVEY IDENTIFYING THE SPECIMEN AND PROTECTED TREES WITHIN LOT EIGHT X WOULD HAVE TO BE SUBMITTED WITH THE SITE PLAN OR AMENDED SITE PLAN APPLICATION FOR BUILDING TWO OR BUILDING THREE, WHICHEVER CAME FIRST.

AND THEN BASED ON THAT SURVEY, IF ANY PROTECTED TREES IDENTIFIED WITHIN THE SURVEY DIED, THEN THOSE WOULD HAVE TO BE REPLACED AS WELL. SO WHEN THE THE PLANNED DEVELOPMENT CAME FORWARD INITIALLY FOR LAKESIDE CROSSING, IT ONLY INCLUDED A SPECIMEN TREE SURVEY, WHICH IS PRETTY COMMON FOR HOW WE DO

[01:20:03]

IT AT THE ZONING STAGE.

SO WE'VE NOT EVER GOTTEN A SURVEY FOR THESE PROTECTED TREES BECAUSE, AGAIN, THEY'RE ALL KIND OF WITHIN AN AREA THAT'S NOT SUPPOSED TO BE DISTURBED.

SO THERE WASN'T A NEED TO NECESSARILY DOCUMENT THEM, ASSUMING THAT THEY WERE UNDISTURBED OR CONTINUED TO LIVE.

BUT SO THE APPLICANT HAS AGREED TO DO A PROTECTED TREE SURVEY AS WELL, IDENTIFYING ALL THOSE TREES AND REPLACING THEM, IF ANY, WERE TO PERISH THE SAME WAY AS WE WOULD DO FOR A REQUIRE WOULD DO FOR A REQUIRED LANDSCAPE TREE OR SOMETHING LIKE THAT WITHIN THE LANDSCAPE BUFFER.

SO HERE ARE A COUPLE OF PICTURES OF THAT X LOT.

THE OPEN SPACE AREA AND THE EXISTING TREES THERE.

AND SO, AGAIN, HERE'S SOME OF THE SOME PROPOSED CHANGES TO THE AMEND, THE PHASING AND MAINTENANCE LANGUAGE FOR THE OPEN SPACE.

SO A CO WON'T BE ISSUED FOR BUILDING THREE UNTIL ALL THE IMPROVEMENTS LISTED BELOW ARE COMPLETED.

INSTALLATION OF IMPROVEMENTS IN THE X LOT CONCEPT LANDSCAPE HARDSCAPE AND LIGHTING PLAN AND INSTALLATION OF TEMPORARY IRRIGATION FOR THE LANDSCAPING.

AND THEN LONG TERM MAINTENANCE AREA IS SHOWN TO BE SEEDED SHALL BE MAINTAINED WEEKLY DURING THE GROWING SEASON AND MONTHLY FROM NOVEMBER TO MARCH.

SO AGAIN, THAT'S INCREASING THE FREQUENCY OF MAINTENANCE REQUIREMENTS.

AND THEN TALKING ABOUT THE NON PROTECTED TREE SPECIES LESS ONLY LESS THAN TWO INCHES CAN BE REMOVED.

AND THE OWNER OF BUILDING NUMBER THREE OF LAKESIDE CENTER WILL BE RESPONSIBLE FOR THE ONGOING MAINTENANCE OF LOT EIGHT X.

SO HERE'S THE TREE SURVEY FOR LAKESIDE CROSSING.

AND SO THIS IS WHERE THE ADDITIONAL TREE IS SHOWN, THAT SPECIMEN TREE THAT WOULD BE REMOVED.

SO THAT'S FOR A TOTAL OF SEVEN SPECIMEN TREES THAT ARE PROPOSED TO BE TAKEN OUT WITH THESE TWO MODIFICATIONS.

AND SO THIS REQUEST ALSO WENT TO THE ECC AND THEY RECOMMENDED DENIAL OF THIS ONE AS WELL.

SO THAT IS THE END OF MY PRESENTATION.

WE DID WE NORMALLY PUT THE NUMBER OF COMMENTS THAT HAVE GONE TO THE TO THE PLANNING AND ZONING COMMISSION WITHIN THE STAFF REPORT.

THERE WERE A NUMBER OF EMAILS THAT CAME IN AFTER THAT STAFF REPORT WAS POSTED, WHICH I WAS TRYING TO QUICKLY GO THROUGH BEFORE I GOT UP FROM MY DESK.

SO I THINK I GOT TO 28 THAT WE HAD RECEIVED IN OPPOSITION TO THE REQUEST AND 10 EMAILS IN SUPPORT THAT WENT TO THE PLANNING AND ZONING INBOX. SO THAT'S THE END OF MY PRESENTATION.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

AND THEN THE APPLICANT IS ALSO HERE WITH A PRESENTATION.

THANK YOU LEXIN, COUNCIL DO YOU HAVE ANY QUESTIONS? LADIES FIRST. IT'S THE GREEN ONE.

ONE. THERE WE GO. SO ON SLIDE 41, BECAUSE I DO HAVE OTHER QUESTIONS I THINK, FOR THE APPLICANT WHEN THEY MAKE THEIR PRESENTATION.

BUT THE TREE SURVEY REQUIREMENTS AND IT TALKS ABOUT IF ANY PROTECTED TREE LOCATED WITHIN THE LOT EIGHT X DIES.

DOES THAT ALSO INCLUDE ANY SPECIMEN TREES? YES. SPECIMEN TREES WERE ALREADY THERE ALREADY.

SO THIS IS ADDING THE PROTECTION FOR PROTECTED TREES.

OKAY, GOOD. AND THEN THE OTHER THING IS IT SAYS AFTER FINAL ACCEPTANCE FROM THE TOWN.

IN PERPETUITY OR A YEAR OR TWO YEARS FOREVER? NO, FOR LIKE I SAID, SIMILAR TO HOW, AGAIN, LANDSCAPE TREES ARE CONSIDERED TO BE REQUIRED TREES AND SO THEY HAVE TO BE REPLACED FOREVER. IF YOU, YOU KNOW, ARE SUPPOSED TO HAVE THIS MANY LANDSCAPE TREES IN FRONT OF YOUR SITE AND CODE ENFORCEMENT NOTICES THAT A COUPLE OF THEM DIE, THEY'LL LET YOU KNOW YOU NEED TO GO PLANT NEW TREES TO REPLACE THOSE.

WANT TO MAKE SURE. OKAY. THANKS.

MR. SCHIESTEL.

LEXIN, CAN YOU GO TO SLIDE TWO, PLEASE? SO IN THE EXISTING PD 153 THOSE TOWNHOMES ARE PART OF THAT PD? CORRECT. AND A BUNCH OF THE SLIDES, IT LOOKS LIKE THEY'RE NOT PART OF THE PD ANYMORE.

IS THAT THE INTENT TO REMOVE THEM? NO, IT'S NOT.

I THINK IT'S SHOWN THIS WAY JUST TO MAKE IT CLEAR THAT IT'S ONLY THE COMMERCIAL PORTION OF THE REQUEST THAT IS PROPOSED FOR ANY CHANGES.

SO WHEN THE PD WENT FORWARD, THIS IS THE PART THAT WAS ACTUALLY ZONED CAMPUS COMMERCIAL, SAME THING IN THE LAKESIDE CENTER.

THE TOWNHOMES WERE ZONED SINGLE FAMILY ATTACHED.

SO EVEN THOUGH THEY WERE PART OF THE OVERALL PLAN DEVELOPMENT UTILIZING THE CAMPUS COMMERCIAL LIMITED RESIDENTIAL LAND USE ALLOWANCE, THE IN BOTH CASES THE TOWNHOMES WERE ZONED SFA.

SO THEY'RE NOT THERE'S NO PROPOSED CHANGE TO THEIR ZONING AS PART OF THIS.

IT WASN'T LIKE PD 153 CAME FORWARD AND THEN THOSE TOWNHOMES CAME ALONG LATER.

[01:25:05]

IT WAS ALL PART OF THE SAME ORIGINAL PD.

SO YES, THAT'S CORRECT.

SO WHEN THAT PD WAS DESIGNED, IT WAS DESIGNED CONSIDERING THAT THOSE OFFICE BUILDINGS WOULD BE THERE AT THE HEIGHT.

DO YOU HAVE A SLIDE THAT SHOWS THE VARIOUS BUILDINGS THAT ARE ON THE CURRENT PD 153? YES. SO, OKAY, BUILDING SIX AND SEVEN ARE THE ONES THAT WERE MOSTLY FOCUSED ON. THOSE WERE THREE STORY MAXIMUM.

IS THAT RIGHT? YES. OKAY.

AND ARE THERE HEIGHTS ALLOWANCES SPECIFIC? NO. I MEAN, THEY WERE THEY WERE JUST IDENTIFIED AS BEING THREE STORY THAT'S WHAT WAS PROPOSED ON THE CONCEPT PLAN.

BUT THERE WAS NO DEVELOPMENT STANDARD TO LIMIT THEIR HEIGHT.

THE HOTEL IS DIFFERENT, THOUGH, RIGHT? IT HAS A HIGHER NUMBER OF STORY'S AND A TALLER MAXIMUM HEIGHT? YES. THE AGAIN, IT WASN'T IT WASN'T WRITTEN AS A DEVELOPMENT STANDARD TO SAY IT CANNOT BE TALLER THAN THIS.

BUT THE ORIGINAL KIND OF ELEVATIONS AND BUILDING THAT WERE PROPOSED WITHIN THE HOTEL WERE FIVE STORY'S WITH, I THINK, A ROOFTOP DECK OF SOME SORT ON THE TOP.

BUT IT WASN'T THERE A MAXIMUM HEIGHT IN ONE OF THESE DOCUMENTS THAT WAS LIKE 70FT, I THINK I REMEMBER SEEING THAT.

IT MIGHT JUST HAVE BEEN.

YEAH, IT MIGHT HAVE JUST BEEN LISTED ON THE CONCEPT PLAN AS WHAT THE MAX HEIGHT OF THAT BUILDING WAS.

LIKE I SAID, IT WASN'T WRITTEN INTO THE DEVELOPMENT STANDARD AS LIKE CANNOT EXCEED THIS AMOUNT.

SO THAT WAS THE HEIGHT OF THE BUILDING THAT WAS PROPOSED.

SO IF ONE OF THESE HOMEOWNERS IN ONE OF THESE TOWNHOMES WAS TRYING TO FIND OUT WHAT THEY WOULD EXPECT IN THE FUTURE, WE'D GIVE THEM THIS DOCUMENT AND SAY, HERE'S WHAT THE NUMBER OF STORIES AND THE HEIGHT.

THAT'S CORRECT. GENERALLY SPEAKING.

OKAY. THANK YOU. ANYONE ELSE.

MR. DREW? THE SECOND TO LAST SLIDE WITH THE LAST TREE REMOVAL.

SO WHY IS THIS TREE BEING REMOVED? ARE THEY JUST ADDING MORE PARKING THERE? YES, IT LOOKS LIKE THERE IS A SHARED DUMPSTER AREA THAT'S INCLUDED THERE.

OKAY. I'M SORRY.

AND THEN THE NORTHERN END WITH THE OTHER TREE REMOVALS.

YEAH. SORRY NO, THE OTHER ONE'S THE BUILDING IS IMPACTING THEM.

YEAH. AND HOW CLOSE ARE THOSE NORTHERN TREES TO THE BUILDING? AND WHAT'S THE HOW FAR IN ARE THEY? WELL, YEAH, I SEE THEY'RE TOUCHING, BUT YEAH.

HOW FAR? THEY'RE THERE, I DON'T.

OKAY. YEAH, I MEAN, THIS IS THE BUILDING OUTLINE SO YOU CAN SEE AND THEN THIS IS, IT LOOKS LIKE ACCESS POINT.

SO I MEAN, IT'S ALL ACTUALLY IMPACTING THE TREES.

YEAH. I'M JUST I'M LOOKING AT THE SCALE IN THE CORNER JUST TO KIND OF GET AN IDEA.

BUT IT LOOKS LIKE MAYBE AROUND 20, 20FT INTO THE BUILDING.

OKAY. THAT'S HOW FAR INTO THE BUILDING THE TREES WENT.

OKAY. YEAH, I'M NOT I GUESS MY QUESTION WASN'T VERY CLEAR.

SO LEXIN ON THAT ON THAT SLIDE, IF YOU GO I KNOW YOU CAN'T SEE MY FINGER, BUT ON THE WHERE THE RED TREE IS A LITTLE BIT OVER.

YEAH. IF YOU GO TO THE LEFT IT LOOKS LIKE THERE'S A IF YOU KEEP GOING TO THE LEFT.

IS THAT A DRIVEWAY BEING PORTED IN? WHAT'S THE WHAT'S THAT? LITTLE LIKE A TURNAROUND.

IT'S ALMOST LOOKS LIKE THEY'RE STUBBING OUT A FUTURE ROAD BUT THAT WOULD GO OVER THE CREEK.

I DIDN'T FIND AN ANSWER TO THAT IN THE.

LET ME SEE.

THIS IS THE AREA SO I'M NOT SURE.

SORRY. I'M TOO FAR. THIS ONE.

I'M GOING TO TRY TO REMEMBER WHAT I'M SEEING AND THEN OPEN THE OTHER ONE.

IT LOOKS LIKE IT'S JUST THE HAMMERHEAD.

MHM. I DON'T KNOW IF EMERGENCY SERVICES TURNAROUND.

I CAN'T TELL WHAT THAT IS.

AND THEN ALSO IT LOOKS LIKE THE TWO EXISTING BRIDGES ARE GOING TO REMAIN, RIGHT? THAT'S CORRECT. THE PEDESTRIAN BRIDGES.

COUNCIL DO YOU HAVE ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT. THANKS, LEXIN.

I HAVE A NOTE. WE HAVE AN APPLICANT PRESENTATION BY MR. JIMMY ARCHIE AND SPENCER LONG OF REALTY CAPITAL.

OH, WE JUST HAD CYBER SECURITY, SO.

OKAY. DON'T.

GOOD EVENING, SIR.

GOOD EVENING, MAYOR, TOWN COUNCIL, TOWN STAFF AND RESIDENTS OF FLOWER MOUND.

[01:30:06]

MY NAME IS JIMMY ARCHIE WITH REALTY CAPITAL MANAGEMENT 909 LAKE CAROLYN PARKWAY, SUITE 150, IRVING, TEXAS.

THANK YOU FOR ALLOWING ME TO BE HERE TONIGHT TO ADDRESS YOU ON THE REZONING REQUEST OF ZPD22-0001 LAKESIDE CENTER AND ZPD223-0003 LAKESIDE CROSSING.

AS I DROVE UP TO TOWN HALL TONIGHT FROM MY SECOND HOME IN FLOWER MOUND, I WAS EXCITED TO PRESENT OUR CASE ON WHY OUR PROPOSED OFFICE PROJECT MAKES SENSE FOR ALL THIS.

WHY OUR PROPOSED OFFICE PROJECT MAKES ALL THE SENSE IN THE WORLD FOR THE TOWN.

YES. DESPITE WHAT SOME OF MY OPPOSITION HAD TO SAY LAST WEEK ABOUT ME BEING JUST ANOTHER DALLAS RESIDENT AND DALLAS DEVELOPER TRYING TO BRING DALLAS TO FLOWER MOUND, I DO IN FACT OWN A HOME IN THE LAKESIDE AREA OF FLOWER MOUND AND I AM A PART TIME RESIDENT OF THE TOWN.

UNFORTUNATELY, HOWEVER, DUE TO THE PLANNING ZONING COMMISSION'S DECISION LAST WEEK IN WHICH NOT EVEN ONE COMMISSIONER CHOSE TO RECOMMEND OUR PROJECT FOR APPROVAL AND THUS SUPPORT THE TOWN'S MASTER PLAN.

MY ENTHUSIASM TO PRESENT OUR CASE TONIGHT IS TEMPERED SINCE WE ARE LEFT NEEDING A SUPERMAJORITY VOTE FROM THE TOWN COUNCIL TO GET OUR PROJECT APPROVED.

I KNOW THAT WILL NOT BE AN EASY TASK.

AND DESPITE THE FACT A VOTE FOR, A VOTE FOR OUR PROJECT IS A VOTE FOR THE MASTER PLAN, I FRANKLY DON'T BELIEVE A SUPERMAJORITY OF THIS TOWN COUNCIL IS LIKELY UP FOR THAT VOTE TONIGHT.

AND THAT IS OKAY.

AND THAT IS UNFORTUNATELY SOMEWHAT MY FAULT.

WHICH I WILL EXPLAIN IN A MINUTE.

AS FOR THE COUNCIL, WHAT MY ANTICIPATED VOTE OF DENIAL SAYS ABOUT YOU IS EXACTLY WHAT SHOULD ALWAYS BE SAID IN FLOWER MOUND THAT THE MASTER PLAN IS NOT ALWAYS RIGHT.

YOU SEE, REALTY CAPITAL KNOWS HOW TO DO BUSINESS IN FLOWER MOUND ENFORCING A VOTE ON A PROJECT THAT ONLY HAS VOCAL OPPOSITION IS NOT A RECIPE RECIPE FOR SUCCESS IN FLOWER MOUND.

THAT IS NOT THE FORMULA FOR HOW REALTY CAPITAL, IN PARTNERSHIP WITH THE STUART FAMILY, WAS ABLE TO SUCCESSFULLY GET LAKESIDE APPROVED 12 YEARS AGO.

AND IT'S NOT THE FORMULA FOR THE SUCCESS IN THE TOWN TODAY.

NOR IS IT THE FORMULA THAT WILL WORK IN THE FUTURE ON THE MANY OTHER REQUESTS WE'LL MOST CERTAINLY HAVE BEFORE FLOWER MOUND TOWN COUNCIL.

REST ASSURED, WHEN DEVELOPING A $1.5 BILLION PROJECT, THERE WILL CERTAINLY BE OTHER REQUESTS IN THE FUTURE AS NO ZONING ORDINANCE IS WRITTEN PERFECTLY.

AND THERE MAY BE OTHER NEW PROJECTS WE WILL PURSUE BEYOND LAKESIDE'S ORIGINAL BOUNDARIES .

IF AND WHEN THESE REQUESTS OCCUR WE HOPE THEY WILL BE CELEBRATED AS IT MEANS WE HAVE A SUCCESSFUL PROJECT THAT THE MARKET WANTS MORE OF.

LAKESIDE EXISTS TODAY BECAUSE OF THE WILL OF THE FLOWER MOUND PEOPLE AND THEIR COMMITMENT TO ACTIVELY GETTING INVOLVED IN THE PROCESS TO MAKE IT HAPPEN. THE RESIDENTS OF FLOWER MOUND WANTED A PROJECT LIKE LAKESIDE THAT WAS WALKABLE AND PROVIDED AN ASSORTMENT OF RESTAURANT, RETAIL, ENTERTAINMENT AND SERVICE OPTIONS FOR SOUTHERN FLOWER MOUND.

THEY WANTED A PROJECT WHERE COMMUNITY EVENTS COULD BE HELD, SUCH AS THE LAKESIDE 5K BENEFITING ALLY'S WISH.

BIKE WITH THE BLUE BENEFITING JOURNEY TO DREAM.

LAKESIDE MUSEUM.

LAKESIDE MUSIC SERIES AND ITS FREE PUBLIC CONCERTS.

THE LAKESIDE HOLIDAY TREE LIGHTING.

AND MOST RECENTLY, THE UPCOMING ECO FRIENDLY CAR SHOW LED BY THE LIONS CLUB AND FORMER COUNCILMAN.

SANDEEP SHARMA.

YES. EVEN COUNCIL MEMBERS WHO HAVE WHO HAVE OPPOSED THE PROJECT IN THE PAST HAVE COME TO APPRECIATE THE PROJECT AS A GREAT PLACE TO HOLD EVENTS THAT BRING THE COMMUNITY TOGETHER IN A POSITIVE WAY.

THE RESIDENTS OF FLOWER MOUND WANTED A PROJECT THAT LEFT ACCESS TO THE LAKE OPEN TO THE PUBLIC.

RATHER THAN PRIVATIZING IT, AS WAS ONCE CONSIDERED BY HINES DEVELOPMENT COMPANY.

AND ONE THAT WOULD EVENTUALLY HAVE OUTDOOR LAKESIDE DINING WITH VIEWS OF LAKE GRAPEVINE AND BEAUTIFUL SUNSETS.

THEY WANTED A COMMUNITY WITH A VARIETY OF HOUSING OPTIONS.

THAT THEY COULD LIVE IN AS FAMILIES, SINGLE PROFESSIONALS, EMPTY NESTERS, RENTERS, HOMEOWNERS, INDEPENDENT, ACTIVE

[01:35:06]

ADULTS, DIVORCEES, CONDO TOWER BUYERS, AND YES, EVEN AS YOUNG COLLEGE GRADUATE PROFESSIONALS WHO GREW UP IN FLOWER MOUND AND OTHERWISE WOULDN'T WANT TO OR COULDN'T AFFORD TO LIVE IN THE TOWN THEY GREW UP IN WITHOUT WITHOUT A PLACE LIKE LAKESIDE FOR THEM.

AND FINALLY, THEY WANTED A PROJECT THAT WOULD SPUR CLASS A OFFICE DEVELOPMENT AND HELP THE TOWN WITH ITS COMMERCIAL TAX BASE, JUST LIKE THE PROJECT BEFORE YOU TONIGHT. SO THAT IS EXACTLY HOW LAKESIDE GOT APPROVED.

IT WAS THE WILL OF THE RESIDENTS.

WAS THE LAND THAT LAKESIDE SITS ON TODAY DESIGNATED ON THE MASTER PLAN FOR MIXED USE DEVELOPMENT? NO, IT WASN'T.

SO THAT'S RIGHT.

THE MASTER PLAN WASN'T RIGHT THEN.

JUST LIKE IT ISN'T GOING TO BE RIGHT TONIGHT.

WAS THERE SOME OPPOSITION TO THE PROJECT BACK THEN? YES, THERE WAS A LITTLE.

JUST LIKE THERE IS TONIGHT.

WAS THERE A LOT OF SUPPORT FOR THE PROJECT? UNDOUBTEDLY THERE WAS AND FOR OUR SAKE, TONIGHT, UNFORTUNATELY, THERE ISN'T.

IN FACT, THERE WAS SO MUCH SUPPORT BACK THEN THAT A TOWN COUNCIL ELECTION OVERTURNED, OVERTURNED A STUBBORN COUNCIL WHO WOULDN'T LISTEN TO THE WILL OF THE PEOPLE, AND THE PROJECT WAS EVENTUALLY APPROVED.

WHY DO I RECALL THE HISTORY OF LAKESIDE? BECAUSE THE SAME PRINCIPLES OF THAT HISTORY, BECAUSE THE SAME PRINCIPLES OF THAT HISTORY ARE STILL APPLICABLE TODAY.

UNFORTUNATELY, REALTY CAPITAL IS A VICTIM OF ITS OWN SUCCESS IN THIS ZONING CASE.

WE WERE ABLE TO CREATE A PLAN THAT FULFILLED THE WANTS AND NEEDS OF FLOWER MOUND RESIDENTS.

WE WERE ABLE TO EXECUTE THAT PLAN AND SUCCESSFULLY ATTRACT RESIDENTS, RETAILERS, RESTAURATEURS AND BUSINESS OWNERS TO THE PROJECT AND CREATE A PLACE THAT PEOPLE LOVE.

AND WHEN I SAY PEOPLE LOVE LAKESIDE, TO QUOTE MY BUSINESS PARTNER, PETER STUART, THEY REALLY LOVE LAKESIDE.

JUST TAKE A WALK DOWN THE BOARDWALK TO SUNSET POINT.

OR TAKE YOUR DOG FOR A RUN IN THE LAKESIDE DOG PARK AND ASK ANYONE YOU COME ACROSS WHY THEY CHOSE TO LIVE IN LAKESIDE.

AND YOU WILL HEAR HOW LIFE CHANGING THE DECISION TO MOVE TO LAKESIDE HAS BEEN TO THEM.

IN FACT, WE WERE SO SUCCESSFUL IN CREATING A SPECIAL PLACE THAT WE WERE SUBSEQUENTLY ABLE TO BUILD THE FIRST CLASS A OFFICE BUILDING IN TOWN AND CREATE A MARKET FOR CLASS A OFFICE TENANTS IN A TOWN WHERE SUCH A MARKET HAD NEVER EXISTED BEFORE.

MOST OF WHOM ARE MOST OF WHOM ARE BUSINESSES THAT ARE RUN BY FLOWER MOUND RESIDENTS AND THEY ARE HAPPY TO OFFICE CLOSER TO HOME AND HAVE SO MANY AMENITIES AND HOUSING OPTIONS NEARBY FOR THEIR EMPLOYEES TO ENJOY.

MAYOR PRO TEM ENGEL.

I'LL NEVER FORGET PRIOR TO YOUR TIME SERVING ON COUNCIL.

YOU STAYING AT A PUBLIC TOWN COUNCIL MEETING UNTIL 1 A.M.

TO EXPRESS YOUR SUPPORT FOR THE ZONING AND 380 AGREEMENT FOR LAKESIDE INTERNATIONAL OFFICE CENTER WITH THE HOPES THAT IT WOULD BE A CATALYST FOR MORE BUILDINGS TO COME.

I RECALL YOU WERE THE ONLY PUBLIC SPEAKER FROM THE COMMUNITY THAT NIGHT.

I DON'T KNOW IF IT WAS THE LATE HOUR OF THE AGENDA ITEM.

IT WAS THE LATE HOUR THAT THE AGENDA ITEM FINALLY CAME UP THAT LIMITED THE CROWD OR HOW LAISSEZ FAIRE PEOPLE'S ATTITUDES ARE WHEN IT COMES TO OFFICE BUILDINGS.

FINALLY, WE CREATED A PLACE THAT OTHER DEVELOPERS WANTED TO BUY LAND NEXT TO AND DEVELOP PROPERTY WITH OUR ESTABLISHED BRAND NAME ON IT.

AND ALONG CAME NEW STREAM COMMERCIAL AND LAKESIDE CROSSING WITH ITS LIMITED RESIDENTIAL COMPONENT THAT TODAY IS HINDERING OUR ABILITY TO CONTINUE FULFILLING A VISION THAT WE AND THE TOWN HAD FOR MORE CLASS A OFFICE BUILDINGS IN AND AROUND LAKESIDE.

AND THIS BRINGS ME TO THIS BRINGS ME TO WHERE WE HAVE FAILED.

WE THOUGHT THAT STEPPING INTO AND PURCHASING UNDEVELOPED LAND IN THE FAILED LAKESIDE CROSSING DEVELOPMENT THAT WAS SERVING AS A BLEMISH ACROSS THE FM 2499 FRONTAGE OF OUR LAKESIDE PROJECT AND PROPOSING A BUILDING THAT WOULD FURTHER ENHANCE THE OVERALL VIBRANCY OF THE COMMUNITY AND FULFILL THE VISION OF THE MASTER PLAN WOULD BE WELCOMED WITH OPEN ARMS BY EVERYONE IN THE COMMUNITY, EVEN OUR IMMEDIATE NEIGHBORS.

AT THE TIME WE PURCHASED THE LAND, LAKESIDE CROSSING WAS A FAILED PROJECT THAT HAD TWO ZONING CHANGES, REDUCING THE REQUIREMENTS OF THE DEVELOPER FROM THE ORIGINAL ZONING AND TWO EXTENSIONS OF A 380 AGREEMENT FOR A HOTEL THAT IS STILL YET TO BE BUILT.

[01:40:05]

IT WAS A PROJECT WITH OPEN SPACES THAT WEREN'T BEING MAINTAINED.

IT WAS A PROJECT THAT SOLD INDIVIDUAL TOWNHOME LOTS TO HOMEBUYERS WHO WERE REQUIRED TO GO OUT AND OBTAIN THEIR OWN CONSTRUCTION FINANCING AND HIRE A BUILDER WITH VERY LIMITED HOMEBUILDING EXPERIENCE TO BUILD THEIR HOME TOWNHOMES SIMULTANEOUSLY WITH OTHER TOWNHOME OWNERS WHO THEY WOULD SHARE A FOUNDATION WITH, SHARE A ROOF WITH AND SHARE COMMON WALLS WITH.

IT WAS A TOWNHOME BUILDING STRUCTURE THAT HAS NEVER BEEN DONE BEFORE THAT I'M AWARE OF THAT WAS INEVITABLY GOING TO FAIL.

THAT IS WHY IT HAS TAKEN SEVERAL YEARS FOR THE HOMES TO BE BUILT AND WHY SEVERAL ARE STILL UNDER CONSTRUCTION TODAY.

THIS IS NOT TO DENIGRATE THE DEVELOPMENT OR THE GOOD PEOPLE WHO LIVE THERE, BUT RATHER A STATEMENT OF FACTS THAT I THINK THEY WOULD ALL AGREE WITH.

IN FACT, TO THIS VERY DAY, IT IS A TOWNHOME COMMUNITY OF 15 HOMES THAT HAS NO HOMEOWNER'S ASSOCIATION, A PROBLEM THAT WE OFFERED TO SOLVE DURING THIS PROCESS.

AND IT IS WHY IN A COMMUNITY MEANT TO SIMPLIFY ONE'S LIFE, WHEN YOU DRIVE DOWN THE STREET, YOU CAN SEE 20 FOOT BY 20 FOOT LAWNS BEING MAINTAINED AND IRRIGATED SEPARATELY FROM ONE ANOTHER.

OUR BELIEF, AFTER ALL, WAS WHO WOULDN'T WANT A $50 MILLION COMMERCIAL AT $50 MILLION WORTH OF COMMERCIAL AD VALOREM TAX VALUE ON THE TAX ROLLS ON LAND MASTER PLAN FOR EXACTLY WHAT WE WERE PROPOSING IN PLACE OF TWO PROPOSED BUILDINGS THAT WERE DESIGNED BY CIVIL ENGINEERS.

IN FACT, JUST TO MAKE SURE WE WEREN'T DOING ANYTHING STUPID.

BECAUSE WE KNEW PURCHASING LAND NOT YET SPECIFICALLY ZONED FOR WHAT WE WANTED TO DO, I MET WITH EVERY COUNCIL MEMBER WHO WAS SERVING AT THE TIME TO MAKE SURE WE WERE ON THE RIGHT TRACK.

AND AS MUCH AS A COUNCIL PERSON CAN COMMUNICATE WITHOUT SEEING THE DETAILS OF A REQUEST, I WAS ASSURED WE WERE ON THE RIGHT TRACK.

IN HINDSIGHT, IT IS CLEAR WE STEPPED INTO A PROJECT THAT HAD SO MUCH NEGATIVE HISTORY THAT I DON'T THINK WE EVER HAD A CHANCE WITH OUR NEIGHBORS. BECAUSE WE WERE A DEVELOPER, WE WERE SEEN AS THE ENEMY RATHER THAN A RESCUER OF A FAILED PROJECT.

AT THE FIRST MEETING WE HOSTED TO PRESENT OUR PROJECT TO OUR NEIGHBORS.

AND THE OTHER AND THE OTHER 80,000 PEOPLE IN TOWN WHO WOULD LIKELY SUPPORT A PROJECT LIKE THIS GETTING APPROVED, PARTICULARLY DOWN SOUTH IN THE LAKESIDE BUSINESS DISTRICT WHERE PROJECTS LIKE THIS ARE SUPPOSED TO GET BUILT.

THEY DON'T REALLY KNOW ABOUT THIS CASE.

AND EVEN IF THEY DID, THE REALITY IS OFFICE BUILDINGS ARE BORING AND THEY DON'T TOUCH PEOPLE'S PASSION TO GET INVOLVED AND SPEAK UP AND SUPPORT LIKE, SAY, RESTAURANTS, ENTERTAINMENT OPTIONS AND RETAILERS DO.

THE BOTTOM LINE IS WE HAVE FAILED TO CONVINCE THE GREATER FLOWER MOUND COMMUNITY THAT THIS PROJECT MAKES SENSE FOR THEM, AND WE HAVE FAILED.

AND WE HAVE FAILED TO CONVINCE OUR DIRECT NEIGHBORS OF OUR STRONG BELIEF THAT WHEN THEY CHOSE TO BUY NEXT DOOR TO LAKESIDE, THEY ACTUALLY CHOSE TO BUY INTO A LARGER COMMUNITY, A GREATER VISION THAT STARTED OVER 12 YEARS AGO, WHERE DIFFERENT TYPES OF LAND USES BEGAN TO ENHANCE THE USES AROUND THEM IN A WAY THAT LIFTS EVERYONE UP AND OFFERS A QUALITY OF LIFE THAT, WHILE NOT FOR EVERYBODY IN TOWN I SN'T AVAILABLE ANYWHERE ELSE, AND WE FAILED TO CONVINCE THEM THAT SUPPORT FOR THIS PROJECT IS SUPPORT FOR THE LARGER THE LARGER LAKESIDE COMMUNITY AND THUS SUPPORT FOR THEIR OWN QUALITY OF LIFE AND PROPERTY VALUES. I KNOW FOR A FACT WE'VE FAILED WHEN OUR NEIGHBORS ARE APPROACHING OUR RETAIL BUSINESS OWNERS WHO ARE CRAVING FOR MORE DAYTIME POPULATION TO PATRONIZE THEIR BUSINESSES TO SOLICIT THEIR OPPOSITION TO OUR PROJECT.

THE MESSAGE CLEARLY ISN'T GETTING THROUGH TO THEM THAT LAKESIDE NEEDS MORE GROWTH AND POPULATION DRIVERS LIKE THIS BUILDING WOULD OFFER.

IF WE ARE GOING TO GOING TO CONTINUE UPGRADING THE QUALITY OF OFFERINGS IN THE PROJECT AND THUS CONTINUE TO ENHANCE THE RESIDENTS QUALITY OF LIFE.

SO WITHOUT ANY SUPPORT IN THE ROOM FOR WHAT WE ARE PROPOSING ON LAKESIDE INTERNATIONAL OFFICE CENTER PHASE TWO, I WOULD LIKE TO FORMALLY WITHDRAW OUR APPLICATION FOR REZONING FOR ITEM ZPD22-0001 LAKESIDE CENTER ALONG WITH THE TREE REMOVAL PERMIT APPLICATIONS TRP22-0021 LAKESIDE CENTER AND TRP22-0022 LAKESIDE CROSSING. BY FORCING A VOTE ON THIS PROJECT.

[01:45:06]

BY FORCING A VOTE ON A PROJECT THIS SIGNIFICANT THAT IS UNLIKELY TO GET APPROVED REALTY CAPITAL WOULD BE DOING A DISSERVICE TO ITSELF, T O THIS TOWN COUNCIL, TO THE RESIDENTS OF FLOWER MOUND, AND WHETHER THEY REALIZE IT OR NOT, TO OUR IMMEDIATE NEIGHBORS.

WE DON'T NEED THE MESSAGE OUT THERE IN THE MARKET THAT THE TOWN OF FLOWER MOUND IS NOT OPEN FOR BUSINESS IN THE LAKESIDE BUSINESS DISTRICT.

THAT WOULD NOT HELP ANY OF US, INCLUDING OUR NEIGHBORS IN OPPOSITION, IN OUR EFFORTS TO FULFILL THE GREATER VISION OF WHAT REALTY CAPITAL IS WORKING ON IN LAKESIDE. THERE IS SIMPLY TOO MUCH TO LOSE FOR ALL OF US F OR REALTY CAPITAL TO FORCE A PUBLIC VOTE THIS EVENING, I HOPE THAT YOU ALL AGREE AS WELL.

WHILE WE ARE WITHDRAWING THE APPLICATION, WE WOULD LIKE TO REQUEST THAT YOU CONSIDER OUR SECOND ZONING REQUEST WITH RESPECT TO THE REVISED BUILDING ELEVATIONS FOR LOT TWO AND THE AMENDED PARKING CALCULATIONS ONLY.

WE WOULD STILL LIKE TO BUILD THAT BUILDING EVENTUALLY.

AS FOR THE BACK TWO LOTS, WE WILL GO BACK TO THE DRAWING BOARD AND COME BACK TO YOU WITH A REQUEST THAT HAS THE SUPPORT OF THE TOWN'S RESIDENTS, OR AT A MINIMUM, THAT WON'T ONLY HAVE OPPOSITION FROM OUR DIRECT NEIGHBORS.

I DO WANT TO BE VERY CLEAR TO THE COUNCIL AND OUR NEIGHBORS THAT OUR WITHDRAWAL IS NOT AN ADMISSION TO GO BACK TO THE CURRENTLY APPROVED PLAN.

WE STAND BY OUR POSITION THAT THE CURRENT PLAN WAS A BAD PLAN FROM THE BEGINNING, AND I CAN'T SEE ANY PATH FORWARD THAT WOULD HAVE REALTY CAPITAL OR ANYONE ELSE BUILDING THOSE TWO BUILDINGS AS CURRENTLY DESIGNED IN THE ZONING FOR ALL THE REASONS I LAID OUT AT THE P&Z MEETING.

I ENCOURAGE ANYONE WHO IS LEARNING ABOUT THIS PROJECT FOR THE FIRST TIME TONIGHT TO GO BACK AND WATCH OUR PRESENTATION AT THAT MEETING.

IN OTHER WORDS, THERE WILL BE ANOTHER REZONING CASE AT SOME POINT IN THE FUTURE TO BUILD SOMETHING OTHER THAN EXACTLY WHAT THE CURRENT ZONING CONTEMPLATES. AND I DON'T HAVE THE ANSWERS TO WHAT THAT MIGHT BE TONIGHT.

THANK YOU FOR LISTENING AND I WILL HAPPILY MAKE MYSELF AVAILABLE FOR ANY QUESTIONS ON THE BUILDING TWO REZONING APPLICATION.

THANK YOU, MR. ARCHIE.

I UNDERSTAND ITEM THREE, FOUR AND SIX ARE WITHDRAWN.

WE'LL BE MOVING FORWARD WITH ITEM NUMBER FIVE.

COUNCIL DO YOU HAVE ANY QUESTIONS SPECIFICALLY RELATED TO ITEM NUMBER FIVE? THERESA. ITEM NUMBER FIVE IS A PUBLIC HEARING.

DO WE HAVE ANY GREEN COMMENT CARDS FOR ITEM NUMBER FIVE? YEAH. DO. DO WE HAVE TO HAVE A MOTION TO WITHDRAW? UH, MR. PRUITT, POINT OF ORDER.

SO WE HAVE HAD AN APPLICANT REQUEST WITHDRAWAL OF THREE OF THE FOUR ITEMS. SO IS IT UP TO COUNCIL TO BE ABLE TO GRANT THAT WITHDRAWAL? THAT'S AN ADMINISTRATIVE REQUEST, WHICH IS DIFFERENT THAN THAN VOTING FOR A TABLE, IS IT NOT? IT IS. I WOULD RECOMMEND, THOUGH, THAT YOU TAKE A MOTION AND TO APPROVE THE WITHDRAWAL.

ALL RIGHT. WE WILL DO THAT IN DUE TIME.

I NEED TO FIND OUT IF WE HAVE ANY [INAUDIBLE].

YEAH, IT'S ALL MARKED DIFFERENTLY.

ALL RIGHT. SO THE FIRST ORDER OF BUSINESS COUNCIL IS WE'RE GOING TO GO AHEAD AND WORK ON ITEMS THREE, FOUR AND SIX.

YOU HEARD THE APPLICANT REQUEST THAT THOSE BE WITHDRAWN.

IS THERE ANY DISCUSSION ON THAT REQUEST BY THE APPLICANT? IF NOT, I'LL ENTERTAIN A MOTION.

DO WE HAVE TO MAKE THE MOTION INDEPENDENTLY OR CAN WE PUT ALL THREE TOGETHER? YOU CAN DO THEM ALL THREE TOGETHER.

OKAY. BECAUSE IT'S A MOTION FOR WITHDRAWAL.

YES. I MOVE TO APPROVE THE APPLICANTS SUGGESTION OR REQUEST TO WITHDRAW ITEMS THREE, FOUR AND SIX. SECOND.

ANY DELIBERATION ON THAT MOTION?

[01:50:03]

THERESA. WE HAVE A MOTION AND A SECOND.

PLEASE CALL THE ROLL.

ZPD22-0001.

ITEM FOUR TRP22-0021.

ITEM NUMBER SIX TRP 22-0002 ARE HEREBY WITHDRAWN.

ITEM NUMBER FIVE THE TIME IS NOW 7:50 I AM OPENING THE PUBLIC HEARING FOR ZPD223-0003. LADIES AND GENTLEMEN OF THE AUDIENCE, I HAVE SEVERAL GREEN COMMENT CARDS, I THINK.

UM, YOU KNOW, SO THAT KIND OF CHANGED A LITTLE BIT.

OH. COMMENT.

YEAH, I'M SORRY, MAYOR.

I DID OPEN THE PUBLIC HEARING TECHNICALLY, BUT SO I DON'T KEEP GOING BACK AND FORTH.

I WAS JUST GOING TO LET YOU ALL KNOW ONE THING.

SO IF YOU DO WANT TO APPROVE THE REMAINING ITEM, YOU CAN APPROVE AS PRESENTED BECAUSE THAT WAS HOW P&Z RECOMMENDED APPROVAL OF THE ITEM WAS. JUST WITH THOSE TWO PIECES REMAINING, THE SPLIT PARKING RATIO AND THE BUILDING ELEVATIONS.

SO WE UPDATED THE ORDINANCE TO REFLECT THAT.

SO IF THAT'S SOMETHING COUNCIL DOES WANT TO SUPPORT, YOU CAN JUST APPROVE AS PRESENTED.

SORRY. ALL RIGHT.

SO A SPECIAL ADMINISTRATIVE NOTE ON THAT.

SO I HAVE SEVERAL CARDS, NONE ZPD.

IT DOES SAY 003.

SO I HAVE A MR. JAMES HARRIS WHO INDICATED 003 SO WE CAN AND ACTUALLY MS. CLAIRE HARRIS ALSO 003.

003. ACTUALLY, IT DOES SAY 003.

ALL RIGHT. SO ON THAT NOTE.

GIVEN THE NUMBER OF SPEAKERS TONIGHT, THE DONATED TIME WILL BE LIMITED TO THREE MINUTES FOR A TOTAL OF SIX MINUTES PER SPEAKER.

PLEASE DO TRY TO KEEP YOUR REMARKS AS CONCISE AS POSSIBLE SO THAT WE CAN GET THROUGH EVERYONE IN A REASONABLE AMOUNT OF TIME.

WE'LL START WITH MR. JAMES HARRIS AND THEN I'LL CONTINUE TO SEE WHO NOTED, MA'AM.

HOLD ON. SO WE JUST NEED TO TRY TO MAINTAIN A LITTLE BIT OF ORDER.

SO JUST COME UP TO THE MICROPHONE SO THAT ALL THOSE MILLIONS WATCHING AT HOME.

ARE YOU WISHING TO SPEAK DURING THE PUBLIC HEARING OR ARE YOU ASKING FOR AN ADMINISTRATIVE QUESTION? PROBABLY BOTH.

SO ADMINISTRATIVE QUESTION BECAUSE OBVIOUSLY CIRCUMSTANCES HAVE CHANGED, CORRECT.

THE PRESENTATION THAT WE HAD IS NOT RELEVANT AT THIS POINT, BUT I THINK THERE MAY BE 1 OR 2 OF US THAT WOULD LIKE TO SPEAK ON 003 PUBLIC HEARING.

YES, MA'AM. SO I'LL GO THROUGH AND I'LL JUST CALL THE NAMES.

AND IF YOU WISH TO SPEAK, COME ON UP.

AND IF NOT, IF YOU COULD JUST VERBALLY TRY TO SAY NO THANK YOU OR PASS OR SHAKE YOUR HEAD, OTHERWISE SHAKING YOUR HEAD IS NOT REALLY GOING TO GET PICKED UP.

BUT WE CAN START WITH MR. HARRIS. JAMES HARRIS.

ALL RIGHT. IT'S STILL REFLECTED.

MISS CLAIRE HARRIS.

SORRY. I SHOULD HAVE STARTED WITH YOU IN THE FIRST PLACE.

THAT'S RIGHT. PLEASE REMEMBER TO STATE YOUR NAME AND ADDRESS FOR THE RECORD, AND YOU HAVE A DONATED TIME, ALEX HANESSIAN, ARE YOU IN THE ROOM, PLEASE? YEAH. THERE WE GO.

SO LET THE RECORD REFLECT HE IS IN THE ROOM AND YOU'LL HAVE A TOTAL OF SIX MINUTES.

CLAIRE HARRIS 416 NORTHWOOD DRIVE FLOWER MOUND.

THANK YOU, MAYOR, COUNCIL AND STAFF.

OBVIOUSLY RECENT CIRCUMSTANCES IN THE ROOM HAVE CHANGED, BUT I DID WANT TO ADDRESS A FEW THINGS.

DURING OUR RESEARCH FOR THIS PROJECT, THE TOPIC OF THE APPROVED FIVE STORY HOTEL WITH ROOFTOP BAR HAS BEEN RAISED.

THE HOTEL IS NOT DIRECTLY BEHIND US.

IT IS NOT WOULD NOT CAUSE ISSUES AS AN OFFICE BUILDING WOULD.

IT IS FURTHER AWAY FROM OUR HOMES AND WE KNEW THAT THIS WAS APPROVED.

I SAY THAT TO BRING UP WHAT IF REALTY COMES BACK WITH A FIVE STORY BUILDING LIKE THE HOTEL, IT WOULD STILL BE OVER 70FT TALL. HALF OF THAT ABOVE THE TREE TOPS WOULD STILL HAVE ISSUES OF SUN, SHADOW AND GLARE WOULD STILL BE DIRECTLY BEHIND OUR HOMES AND THERE WOULD STILL BE THE SAME PRIVACY ISSUES. MAYBE IT'S OKAY TO HAVE 300 PEOPLE LOOKING DOWN ON US INSTEAD OF 400.

THE PLAN I UNDERSTAND THAT REALTY CAPITAL DOES NOT BELIEVE THE EXISTING PLAN IS A GOOD PLAN, BUT P&Z AND COUNCIL IN 2017 BELIEVED THAT, AND SO DID MR. ENGEL IN HIS PRE COUNCIL DAYS.

JUST AS REALTY HAS MADE SOME CHANGES TO THE PROPOSED BUILDING TWO NORTH ON THE NORTH END OF LAKESIDE CROSSING, I BELIEVE THEY CAN COME UP WITH SOME WAYS TO MAKE BUILDINGS SIX AND SEVEN MORE EFFICIENT AS WELL.

WE ARE NOT AGAINST DEVELOPMENT ON THIS SITE.

WE HAVE BEEN CLEAR ABOUT THAT FROM THE BEGINNING.

WE WERE AGAINST THE WRONG DEVELOPMENT FOR THIS SITE AND WE BELIEVE THAT'S WHAT THIS WAS.

[01:55:01]

THERE IS A DIFFERENCE BETWEEN BRINGING FORTH A GREAT PROJECT FOR A SITE VERSUS A PROJECT THAT IS SIMPLY WRONG FOR THE LOCATION.

AND AS REALTY CAPITAL SAID AT P&Z, THEY WERE SQUEEZING THIS IN.

REALTY CAPITAL HAS SAID TONIGHT THAT THIS IS A FAILED PROJECT.

THERE WERE LOTS OF REASONS THAT NEW STREAM COMMERCIAL COULD NOT COMPLETE THIS PROJECT BETWEEN COVID AND OTHER OTHER ISSUES.

WE DID NOT SEE THEM AS THE ENEMY BECAUSE THEY WERE DEVELOPER.

WE SAW THEM AS SOMEBODY WE NEEDED TO OPPOSE BECAUSE OF OUR QUALITY OF LIFE WAS BEING THREATENED.

I BELIEVE.

I HOPE THAT THEY WILL COME BACK AND TALK TO US AND MAYBE COME UP WITH A BETTER PLAN FOR THIS SITE THAT WE CAN ALL SUPPORT.

THANK YOU. NEXT.

I HAVE 003.

GEORGE CURTIS.

AND YOU WISH TO SPEAK? YES. ALL RIGHT. SO I ALSO HAVE CARD FROM ETHAN.

DONATING YOUR TIME. ARE YOU HERE? THANK YOU. SO YOU WILL HAVE A TOTAL OF SIX MINUTES.

PLEASE REMEMBER TO STATE YOUR NAME AND ADDRESS FOR THE RECORD.

GEORGE KARASS 408 NORTHWOOD DRIVE.

FLOWER MOUND. YOU KNOW, DON'T NEED TO REHASH EVERYTHING.

WE'RE GOING TO GO OVER.

I HAVE SPOKEN WITH SOME OF YOU OFFLINE OR SOME OF MY NEIGHBORS HAVE.

I WANT TO BE REALLY CLEAR ON ONE THING.

WE ARE NOT ANTI-DEVELOPMENT.

WE KNEW WHEN WE BOUGHT SOMETHING WAS GETTING BUILT THERE.

WE THOUGHT WE KNEW WHAT WAS GOING TO BE BUILT THERE.

IT WOULDN'T BE SOMETHING OVERLOOKING THE TREE LINE 150FT AWAY FROM, YOU KNOW, FROM OUR BACK PORCHES.

YOU KNOW, SO WE KNOW WE HEARD JIMMY SAY THIS ISN'T OVER.

SOMETHING'S GOING TO GET BUILT THERE.

HE'S GOING TO GO BACK TO THE DRAWING BOARD.

JIMMY, I WELCOME CONVERSATION WITH YOU ON THAT.

WE AREN'T AGAINST SOMETHING BEING BUILT THERE.

WE WERE JUST AGAINST IT JUST DIDN'T FIT.

AND WE WOULD HAVE SHOWED THAT PRETTY CLEARLY.

AND I THINK IT SAYS A LOT THAT ECC UNANIMOUSLY SHUT IT DOWN AND SO DID P&Z.

I THINK YOU PROBABLY WOULD HAVE TOO.

SO AGAIN, WE'RE NOT ANTI-DEVELOPMENT.

WE KNOW WE LIVED IN A MIXED USE AREA.

WE LOVE LAKESIDE.

WE'RE NOT ANTI LAKESIDE AT ALL.

LOOK FORWARD TO YOUR PRESENTATION ON WHAT YOU'RE BUILDING SOON.

GOT YOUR EMAIL.

I'M GOING TO TRY TO MAKE IT OUT TO THAT.

YOU KNOW, JUST IT WASN'T THE RIGHT FIT AND IT WAS IT WAS A PRETTY SEISMIC CHANGE.

SO THAT'S REALLY WHY YOU HAVE THIS.

I JUST DON'T WANT ANY THOUGHT THAT WE ARE ANTI-DEVELOPMENT.

THAT'S NOT IT AT ALL. THANK YOU.

THANK YOU, SIR.

NEXT. I HAVE JULIE HUTCHINS.

NO, MA'AM. ALL RIGHT.

AND KEVIN HUTCHINS.

I HAVE A CARD FROM CHRIS ROBERTS.

ARE YOU IN THE ROOM? THANK YOU, SIR.

YOU HAVE A TOTAL OF SIX MINUTES.

PLEASE REMEMBER TO STATE YOUR NAME AND ADDRESS FOR THE RECORD.

KEVIN HUTCHINS, 370 NORTHWOOD IS THE PROPERTY WE'RE TALKING ABOUT HERE.

WE LOVE LAKESIDE, TOO.

WE MOVED THERE FOR A REASON.

WE LEFT A HOME IN BRIDLEWOOD OF THE POOL AND A BIG YARD AND MOVED TO LAKESIDE AND BUILDING THE HOME OF OUR DREAMS. AND THANK YOU, JIMMY, FOR THAT.

I MEAN, IT IS. LAKESIDE IS HERE BECAUSE OF REALTY CAPITAL AND JIMMY AND WE APPLAUD IT.

IT'S A SHOCK TO US WHEN WE CAME AND BOUGHT THE HOUSE, LOOKED AT THE ZONING THING, EVERYTHING'S COVERED.

AND YOU KNOW, THERE HAVE BEEN SOME ISSUES WITH THE BUILDER WON'T GO INTO THOSE HERE TODAY, BUT WE BOUGHT IT BECAUSE OF THE OPEN SPACE AND TREES BEHIND US AND THE THAT WE WOULD NOT HAVE A BACKYARD NEIGHBOR AND 150FT WITH A 100 FOOT BUILDING ON THE OTHER SIDE OF THAT DOES NOT MAKE MUCH OF A BACKYARD.

CLARIFY A COUPLE THINGS TOO.

THE GREEN SPACE AREA THAT'S BEHIND US.

WE LIKE THAT WILD.

WE DIDN'T REALLY WANT IT TO BE A PART A PARK LIKE ATMOSPHERE.

IT'S WE WANT WE DON'T WANT PEOPLE WALKING THAT BACKYARD.

BY THE WAY, IT'S DOWN PROBABLY 12FT BELOW GRADE FROM WHERE OUR HOUSE IS BUILT.

SO ANY OF THE ORNAMENTAL TREES AND STUFF TO GET BUILT IN THERE WON'T EVEN BE VISIBLE FROM OUR GARAGE, SECOND FLOOR, THIRD FLOOR PORCHES.

SOME OF YOU HAVE SEEN IT.

YOU'VE BEEN DRIVEN BY OR SOME HAVE EVEN BEEN OUT TO THE SITE.

THAT'S WHAT WE BOUGHT FOR.

WE BOUGHT THAT VIEW OUT BEHIND US.

AND THE IDEA OF A OF A BIG TREE DRYING, DYING AND GETTING PAID WITH A THREE INCH TRUNK, SIX FOOT TALL TREE DOESN'T SEEM MUCH CONSOLATION.

THE BIG THE BIG PROBLEM WE HAVE IS HEIGHT AND, YOU KNOW, IN OUR FIRST MEETING ACROSS THE STREET IN THE 777 BUILDING, WE TALKED ABOUT THE HEIGHT THAT WAS A PROBLEM. AND REALTY CAPITAL SAID WE NEED THE HEIGHT OR WE'RE NOT GOING TO BUILD ANYTHING TO MAKE IT PROFITABLE.

WE GOT TO BUILD 100FT TALL.

THAT LOT.

IT'S PARKING IS THE PROBLEM.

EXCUSE ME. THE BIG BUILDING NEEDS A LOT OF PARKING.

THAT MEANS IT HAS TO GO UP INSTEAD OF OUT BECAUSE IT CAN'T GO OUT.

IT IS A CONFINED SPACE.

WE DON'T LIKE THE IDEA OF PD 169 GETTING TAKEN OVER AND MOVED INTO PD 153 OF THE OF THE STRUCTURES IN

[02:00:07]

PD 153.

THERE'S 22 LOTS FOR PROPERTY ONE THAT'S A RESERVED GREEN SPACE, 23 TOTAL, 15 OF THOSE PROPERTIES ARE RESIDENCES THAT ARE ALREADY SUBSTANTIALLY BUILT.

TWO OF THEM ARE BUILDINGS THAT ARE ALREADY UP MIXED USE RETAIL AND RESTAURANT AND THEY'RE FULL OF TENANTS RIGHT NOW THEY'RE NEARLY FULL.

THERE'S ONE OFFICE THAT WE HAVE NO OBJECTION TO THE DESIGN CHANGES ON BUILDING TWO THAT JIMMY'S PROPOSING TODAY.

THE OFFICE. THERE'S ANOTHER ONE.

BUILDING THREE, I BELIEVE IT IS, WILL BE BUILT AS DRAWN.

SAME THING. SMALL, SMALL BUILDING.

IT'S THE LOTS SIX AND SEVEN THAT WE OBJECT TO.

AND I DON'T SEE WHY YOU TAKE TWO LOTS OUT OF 23 AND MOVE THEM INTO ANOTHER AREA JUST SO YOU CAN GET THAT ZONING.

THAT DOES NOT SEEM RIGHT TO ME.

ANYTHING YOU BUILD IN THOSE TWO LOTS OUGHT TO MEET THE THE DESIRES OF 153 AND NOT ADOPT A SOMETHING THAT WAS MEANT TO BE COMPLETELY DIFFERENT AND BY THE WAY HAS A TON OF GREEN SPACE IN IT IN THE IN THE THE THE OFFICE DEVELOPMENT THERE.

THE LAKESIDE CENTER.

IT'S ABOUT HALF GRASS AND TREES AND WILD AREA.

THE TWO LOTS THAT ARE TAKING ARE GOING TO BE NOTHING BUT DRIVEWAYS BUILDING PARKING GARAGE.

IT'S GOING TO BE 300FT LONG FROM ONE END TO THE OTHER.

SO AGAIN, WE WELCOME WORKING WITH JIMMY IN THE FUTURE.

I'LL BE AT YOUR MEETING ON WEDNESDAY AND WE LOOK FORWARD TO TO SETTLING SOMETHING HERE THAT'S ACCEPTABLE TO BOTH OF US.

BUT WE DON'T WANT IT TO BE MUCH TALLER THAN THOSE TREES.

THAT'S ALL I HAVE TODAY.

THANK YOU VERY MUCH.

THANK YOU, SIR. REBECCA CRAVATT.

PASS. ALL RIGHT.

THANK YOU, MA'AM. MARY JO.

ALL RIGHT. I DO HAVE A STACK OF WHITE SPEAKING CARDS.

IT LOOKS LIKE WE HAVE FIVE SPEAKERS NOT SPEAKING.

THAT'S WHAT IT SAYS IN OPPOSITION TO ITEM NUMBER FIVE.

AND THREE. YOUR NAMES WILL BE INCLUDED IN THE MINUTES, THOUGH, AS WE WE HAVE THAT.

IS THERE ANYBODY ELSE IN THE ROOM THAT WISHES TO SPEAK DURING THE PUBLIC HEARING? PLEASE STAND UP OR RAISE YOUR HAND.

SEEING AND HEARING NONE.

THE TIME IS NOW. 802 IN THE PUBLIC HEARING IS CLOSED.

COUNCIL FOR DISCUSSION OR REDRESS OF THE APPLICANT OR STAFF.

THEN I'LL ENTERTAIN A MOTION.

THIS IS FOR ITEM NUMBER FIVE.

I WILL MOVE TO APPROVE ITEM NUMBER FIVE AS PRESENTED.

SECOND. ANY DELIBERATION ON THAT MOTION? THERESA. WE HAVE A MOTION AND A SECOND.

PLEASE CALL THE ROLL.

ZPD 223-0003.

LAKESIDE CROSSING PASSES BY UNANIMOUS VOTE.

OKAY. SO, MR. CHILDERS, IT'S BARELY AFTER EIGHT.

ARE WE WANTING TO WE'RE PREPARED IF YOU ARE.

YOU KNOW, WE ANTICIPATED IF THIS ITEM TOOK A LONGER AMOUNT OF TIME THAT WE COULD PUSH THESE.

WE DON'T HAVE A PROBLEM PUSHING THESE.

BUT CONSIDERING THAT WE GOT THROUGH THE ITEM QUICKER THAN WE ANTICIPATED, WE CAN TAKE ON THESE NEXT TWO ITEMS IF YOU SO CHOOSE.

AND SO ITEM NUMBER SEVEN IS SEPARATE THAN EIGHT.

SO WE'RE GOING TO OPEN THEM SEPARATELY, CORRECT? BECAUSE I COULDN'T REALLY TELL.

TOGETHER, CORRECT? TOGETHER. ALL RIGHT, COUNCIL, WE'RE GOING TO GO AHEAD AND MOVE FORWARD WITH ITEMS NUMBER SEVEN AND 8, MPA 23-0004 AND LDR

[Items K.7. & K.8.]

23-0002, URBAN DESIGN PLAN AND NONRESIDENTIAL DESIGN.

HOPEFULLY, WE'RE GOING TO TALK ABOUT EARTHTONES AND GRAY AND HIS GRAY AND EARTHTONE.

I STILL REALLY HOPE WE GET TO SEE THAT PANTONE COLOR MATCHING LITTLE SWATH LIKE YOU GET AT HOME DEPOT.

NOT THAT I'M ENDORSING ANY PARTICULAR STORE, AT ANY RATE, LEXIN GOOD EVENING.

GOOD TO SEE YOU AGAIN.

WHAT DO YOU HAVE FOR US? THANK YOU, MAYOR.

AS MENTIONED, THIS IS AN MPA TO UPDATE THE URBAN DESIGN PLAN THAT IS A PART OF THE TOWN'S MASTER PLAN, AS WELL AS THE AREA PLANS WITH THE LAKESIDE BUSINESS DISTRICT AND DENTON CREEK DISTRICT AND THEN AN ASSOCIATED LAND DEVELOPMENT REGULATION.

SO JUST SOME BACKGROUND.

TOWN COUNCIL HAD A WORK SESSION ON THIS ITEM BACK IN APRIL 20TH AND STAFF HAD THE DIRECTION TO REFRESH IMAGES AND GRAPHICS, INCORPORATE VISUAL AIDS FOR

[02:05:10]

DEFINITIONS, INCORPORATE A COLOR MATRIX AND EXAMPLES OF COLOR SCHEMES.

GET FEEDBACK FROM THE PLANNING AND ZONING COMMISSION ON HOW WE MIGHT INCORPORATE THE USE OF GRAY AND THEN UPDATE GLASS, ALSO KNOWN AS WINDOW AND DOOR PERCENTAGE AND SOME CLARIFICATION ON THAT.

AND THEN WE ALSO HAD A WORK SESSION WITH P AND Z ON AUGUST 28TH OF THIS YEAR.

WE TALKED ABOUT SOME ADDITIONAL THINGS WITH THEM, KIND OF AS WE WERE LOOKING AT THE PLANS, I FELT LIKE THERE WERE SOME OTHER UPDATES WE COULD MAKE.

SO AGAIN, JUST TO SIMPLIFY THE FACADE MATERIALS SECTION, NO CHANGE TO THE REQUIREMENTS, BUT TRYING TO MAKE IT A LITTLE EASIER TO UNDERSTAND, UPDATING THE LONG PRAIRIE DISTRICT CHARACTERISTICS, LOOKING AT THINGS LIKE INFILL SITES AND REDEVELOPMENT, RELOCATING THE SECTIONS THAT WERE SPECIFIC TO THE DENTON CREEK AND LAKESIDE BUSINESS DISTRICTS TO THOSE AREA PLAN COMPONENTS SIMILAR TO WHAT WE DID WITH THE CROSS TIMBERS CONSERVATION DEVELOPMENT DISTRICT, WHERE WE TOOK THE LANGUAGE FROM THE URBAN DESIGN PLAN THAT WAS SPECIFIC TO THE CROSS TIMBERS AND PUT IT IN THE CROSS TIMBERS SO THAT ALL THE INFORMATION FOR THAT AREA PLAN WAS FOUND IN ONE SECTION OF THE MASTER PLAN AND THEN MODIFICATIONS TO THE DENTON CREEK AND LAKESIDE BUSINESS DISTRICT ELEMENT MAPS JUST TO UPDATE THEM WITH ALL OF OUR CURRENTLY APPROVED THOROUGHFARE PLAN AMENDMENTS, MASTER PLAN AMENDMENTS, THINGS LIKE THAT.

SO URBAN DESIGN PLAN.

THE PURPOSE AND INTENT OF THIS DOCUMENT IS TO PROVIDE DIRECTION ON ARCHITECTURAL STANDARDS FOR NON RESIDENTIAL BUILDINGS.

THE INTENT IS TO REINFORCE THE MASTER PLAN VISION STATEMENT, PROVIDE LINKAGE BETWEEN THE BUILT AND NATURAL ENVIRONMENT, AND ACKNOWLEDGE AND SUSTAIN THE UNIQUE NATURE OF THE TOWN'S CORPORATE, COMMERCIAL, SUBURBAN AND RURAL LIFESTYLES.

SO FRESH LOOK, SAME HIGH DEVELOPMENT STANDARDS, MORE USER FRIENDLY PLAN.

THAT'S THE GOAL.

WE REORGANIZED SOME OF THE SECTIONS, AGAIN, KIND OF NOT NECESSARILY CHANGING THE CONTENT, BUT PUTTING THEM IN AN ORDER THAT SEEMED TO MAKE MORE SENSE AS FAR AS KIND OF LOGICALLY HOW YOU WOULD BE CONSIDERING THE BUILDING'S DESIGN AND LAYOUT.

PUT IN DETAILED DEFINITIONS AND MORE ILLUSTRATIONS AND MAPS.

SO HERE ARE JUST SOME EXAMPLES.

NEARLY ALL OF THE PHOTOS HAVE BEEN UPDATED WITH NEWER BUILDINGS THAT EXEMPLIFY COMPLIANT AND NON-COMPLIANT DESIGN STANDARDS AND ILLUSTRATIONS AND DETAILED DEFINITIONS. SLASH DESCRIPTIONS HAVE BEEN ADDED WITHIN THE RUST COLORED BOXES.

SO AS YOU LOOK THROUGH AND WE GAVE YOU KIND OF A SAMPLE AND WE WANTED TO GET IT PRINTED OUT WITH A REAL PRINTER TOO, BECAUSE WE'LL GET TO THAT LATER.

BUT IT CAN REALLY DEPEND ON HOW COLORS LOOK JUST ON THE MONITOR THAT YOU'RE LOOKING AT.

SO WE WANTED TO MAKE SURE YOU WERE ALL LOOKING AT TRUE, CLEAR COLORS, BUT YOU'LL NOTICE THESE RUST COLORED BOXES AS YOU FLIP THROUGH THAT DOCUMENT.

SO THERE ARE SOME MINOR AMENDMENTS TO THE PLAN.

PART ONE INTRODUCTION.

JUST REMOVING THE REFERENCE TO THE CENTRAL BUSINESS DISTRICT, BECAUSE THAT'S ACTUALLY FROM THE MIXED USE ZONING DISTRICT OR MIXED USE LAND USE UNIFIED DESIGN THEME.

CLARIFYING THAT ACCESSORY BUILDINGS AND PARKING STRUCTURES SHOULD RESPECT THE DESIGN THEME OF THE PRIMARY BUILDING MASSING AND FORM OPEN SPACE AND AMENITY AREAS.

NATURAL LANDMARKS USE COMMONLY USED WORDS AND PHRASES PHRASES TO DESCRIBE ELEMENTS.

LARGE TENANT RETAIL BIG BOX UPDATED.

THE TITLE SEPARATED THE LARGE PARAGRAPH INTO BULLET POINTS REDEVELOPMENT UPDATE REFERENCES TO THE CODE OF ORDINANCES LAKESIDE BUSINESS DISTRICT AND DENTON CREEK DISTRICT LAND USES UPDATE DESCRIBE LAND USE TYPES FOR EACH DISTRICT TO REFLECT EXISTING LAND USE MAP AND REMOVE THE OFFICE LAND USE FROM THE LAKESIDE BUSINESS DISTRICT. BECAUSE WHILE OFFICES ARE PERMITTED IN CAMPUS, INDUSTRIAL AND CAMPUS COMMERCIAL, WE DON'T ACTUALLY HAVE AN OFFICE LAND USE WITHIN THE LAKESIDE BUSINESS DISTRICT. IT'S JUST AS IT PERTAINS TO CAMPUS COMMERCIAL AND CAMPUS INDUSTRIAL.

SO THAT WAS JUST A CLEANUP ITEM.

ALSO WITHIN THE INTRODUCTION, UPDATE IT TO KIND OF WROTE OUT MORE OF AN INTRODUCTION TO REFLECT THE PROPOSED THIS PROPOSED AMENDMENT.

PART ONE NON RESIDENTIAL ARCHITECTURAL STANDARDS AND THEN PART TWO, WHICH IS MIXED USE ARCHITECTURAL STANDARDS AND REMOVING ALL THE REFERENCES TO THE SPECIAL DISTRICTS.

THERE WAS STILL SOME SPA REFERENCES, SPECIAL PLAN AREA STUFF INCORPORATE DEFINITION SECTIONS INTO THE APPROPRIATE SECTIONS FOR FACADE MATERIALS, SIMPLIFY THE LANGUAGE, INCLUDE NEW DOOR AND WINDOW OPENING PERCENTAGES WHEN ADJACENT TO OPEN SPACES AND OR ABOVE THE SECOND STORY NOT ABUTTING RESIDENCES, FACADE COLORS MODIFY LANGUAGE AND INCLUDE STATEMENT ABOUT NATURAL BRICK.

CREATE A COLOR MATRIX.

AND SO I'M JUST TO TELL YOU, I'M KIND OF GIVING YOU ALL AN OVERVIEW OF ALL THE THINGS NOW, BUT THEN I'LL GO INTO MORE DETAIL.

SO YOU DON'T THINK THIS IS IT THAT I JUST READ A BUNCH OF BULLET POINTS OFF THE SCREEN TO YOU AND FOR THE LONG PRAIRIE DISTRICT, RELOCATE THAT DISTRICT INFORMATION

[02:10:07]

UNDER A REDEVELOPMENT SECTION AS WE WERE KIND OF PUTTING ALL OF THE AREA PLAN SECTIONS INTO THEIR OWN AREA PLANS.

BUT WE REALLY JUST KIND OF HAD THIS ONE PAGE ABOUT THE LONG PRAIRIE DISTRICT BECAUSE A LOT OF IT IS ALREADY BUILT OUT.

AND SO WE THOUGHT IT MADE MORE SENSE TO INCORPORATE IT INTO THAT EXISTING REDEVELOPMENT SECTION BECAUSE THAT'S WHERE THE TOWN WOULD SEE REDEVELOPMENT SOONEST IN THE FUTURE AND ADD NEW LANGUAGE RELATED TO LARGE TENANT SHOPPING CENTERS, INFILL DEVELOPMENT AND REDEVELOPMENT.

SO HERE'S RED LINE TEXT JUST OF THAT INTRODUCTION.

I DON'T THINK THERE'S A LOT OF VALUE IN ME READING ALL OF THAT TO YOU.

BUT ANYWAY, WE JUST KIND OF CLEANED THAT INFORMATION UP.

AND WE DID LEAVE A REFERENCE HERE.

WE'LL UPDATE THAT IF THIS IS APPROVED WITH THAT ORDINANCE NUMBER.

WE WERE TRYING TO AGAIN REFERENCE ALL THE DIFFERENT UPDATES THAT HAD HAPPENED OVER TIME.

SO FACADE MATERIALS.

HERE IS THE EXISTING LANGUAGE.

AND I'LL TELL YOU, WE ALWAYS GOT CONFUSION FROM APPLICANTS WHEN WE MET WITH THEM BECAUSE IT SAYS.

THE FIRST THING ELEVATIONS OF LOW RISE NONRESIDENTIAL BUILDINGS SHOULD BE A MINIMUM OF 50% MASONRY, EXCLUDING DOORS AND WINDOWS.

AND THEN WE GO DOWN HERE AND IT SAYS AT LEAST 80% OF EACH BUILDING ELEVATION SHOULD BE EXCLUDING DOORS AND WINDOWS SHOULD BE PRIMARY MASONRY.

AND SO PEOPLE ARE LIKE, WHICH ONE? WHAT DOES THAT MEAN? AND, YOU KNOW, THE WHAT WE REALLY MEANT IS THAT THE FIRST THING, INSTEAD OF FOCUSING ON THE MASONRY, IT WAS SUPPOSED TO BE FOCUSING ON THE DOORS AND WINDOWS, WE WERE SAYING SHOULD BE A MAXIMUM OF 50% DOORS AND WINDOWS IS WHAT WAS TRYING TO SAY.

AND THEN YOU GO INTO WHAT YOU WOULD LIKE TO SEE FOR THE MASONRY PERCENTAGE OF WHATEVER IS REMAINING AFTER YOU TAKE OUT DOORS AND WINDOWS.

BUT IT ALWAYS SEEMED TO BE CONFUSING.

SO WE HAVE NEW PROPOSED LANGUAGE, DOOR AND WINDOW OPENINGS ON EACH ELEVATION.

THE PERCENTAGE OF DOOR AND WINDOW OPENINGS SHOULD NOT EXCEED 50%, HOWEVER.

AND SO IN RED, THESE ARE NEW THINGS THAT WE DID TALK ABOUT COUNCIL WITH DURING THAT WORK SESSION.

ELEVATIONS NOT VISIBLE FROM STREET MAY INCLUDE UP TO 75% DOOR AND WINDOW OPENINGS WHEN ADJACENT TO OPEN SPACE OR AMENITY AREAS.

SO WE HAD TALKED ABOUT THESE ARE IN LOW RISE 1 OR 2 STORY BUILDINGS.

AND SO WE HAD TALKED ABOUT THE POSSIBILITY IF SOMEONE HAD A SIDE THAT WAS OPEN TO KIND OF AN OPEN SPACE AREA, IF THEY WANTED TO DO A LARGER OPENING SO THAT THEY COULD REALLY MAKE THAT A FEATURE WALL, THAT THAT MIGHT BE SOMETHING WE WANTED TO ALLOW FOR WITHOUT REQUIRING AN EXCEPTION.

BUT THERE WAS INTEREST IN NOT JUST OPENING IT UP TO BE ANY AMOUNT.

SO THAT NUMBER IS 75%.

AND THEN THIS IS WHERE WE TALK ABOUT BUILDING MATERIALS.

BUILDING MATERIALS SHOULD BE AT LEAST 80% MASONRY AND UP TO 20% ALTERNATIVE MATERIALS.

AND SO THEN ON NON RESIDENTIAL BUILDINGS OF THREE STORIES OR GREATER.

SO THIS IS WHEN YOU GET TO TALLER BUILDINGS.

THIS WAS ALREADY PERMITTED ON EACH ELEVATION DOOR AND WINDOW OPENINGS SHOULD NOT EXCEED 60%.

AND THEN ELEVATIONS ABOVE THE SECOND FLOOR MAY INCLUDE UP TO 70% WINDOW AND DOOR OPENINGS WHEN NOT ABUTTING RESIDENCES.

SO THIS WENT AGAIN TOWARD AT ONE POINT THERE WAS INTEREST IN ALLOWING FOR A LARGER PERCENTAGE OF WINDOWS IN OFFICE BUILDINGS THAT HAD HIGHER STORIES AND TO TRY TO ALLOW THAT OR ENCOURAGE THAT UP TO A LIMITED PERCENT, NOT JUST SAYING IT'S UNLIMITED, BUT PUTTING A LARGER MAX THAN THAT 60% THAT WAS ON THERE PREVIOUSLY BECAUSE FOR THE OFFICE BUILDINGS, THE CLASS A OFFICE BUILDINGS THAT HAD COME FORWARD, THEY WOULD ALWAYS REQUEST THAT AS AN EXCEPTION.

AND STILL TALKS ABOUT 80% MASONRY RECOMMENDATION FOR EXCLUDING WINDOW AND DOOR OPENINGS.

THIS LANGUAGE HASN'T CHANGED WITH STUCCO.

SO PARKING GARAGES, THIS IS ALL NEW LANGUAGE.

WE REALLY HADN'T CONTEMPLATED PARKING GARAGES PREVIOUSLY WHEN THE ORIGINAL URBAN DESIGN PLAN WAS COMPOSED.

AND SO, YOU KNOW, FOR INSTANCE, EVEN WHEN WE TALK ABOUT DOOR AND WINDOW OPENINGS AND SO FOR A PARKING GARAGE, THAT'S NOT REALLY A DOOR OR A WINDOW, IT'S JUST AN OPENING. AND SO IT DIDN'T EXACTLY FIT IN WITH OUR STANDARDS.

AND SO WE ADDED STANDARDS FOR THIS TO THE PARKING GARAGES SHOULD SHARE A UNIFIED DESIGN THEME WITH THE PRIMARY BUILDING IT SERVES ON EACH ELEVATION.

THE PERCENTAGE OF DOORS, WINDOWS AND OPENINGS SHOULD NOT EXCEED 60% AND EXCLUDING WINDOWS, DOORS AND OPENINGS, EACH ELEVATION SHOULD BE AT LEAST 80% MASONRY AND AT LEAST 20% OF WHICH SHOULD BE EITHER HAND-LAID, BRICK OR STONE.

SO AND THIS IS IN RED JUST BECAUSE WE NEED TO CORRECT IT.

SO WE'LL GET THAT ORDINANCE MODIFIED BEFORE WE FINALIZE IT.

IT WAS JUST AN ERROR BEFORE THE WAY IT WAS WRITTEN.

IT SAID 80% MASONRY AND THEN 20% BRICK OR STONE AND BRICK OR STONE IS ALREADY MASONRY, WHICH I WAS JUST A TYPO.

[02:15:05]

STAIRWELLS SHOULD BE INTERIOR TO THE STRUCTURE LANDSCAPING.

IF AN ELEVATION IS ABUTTING RESIDENTIAL OR IS VISIBLE FROM A STREET OR PUBLIC SPACE MAY BE APPROPRIATE TO PROVIDE SCREENING USING EVERGREEN AND NATIVE VEGETATION AT VARIOUS HEIGHTS, ALL LIGHTING MUST COMPLY WITH THE TOWN'S CODE OF ORDINANCES.

CAR HEADLIGHTS SHOULD BE SCREENED FROM ADJACENT PROPERTIES AND ROADWAYS.

AND THEN GARAGE GATES WERE NOT USED AS RETAIL OR PUBLIC PARKING.

SECURITY GATES MAY BE APPROPRIATE.

DO YOU WANT QUESTIONS NOW LEXIN? SURE, ABSOLUTELY. I HAVE A QUESTION ON THE STAIRWELL AND I NEED MY FIRE CHIEF TO PARTICIPATE PERHAPS.

WHAT I'M RELYING ON IS MEMORY.

AND I WONDER IF LIFE SAFETY CODE NFPA 101 REQUIRES EGRESS DISCHARGE EXTERIOR DIRECTLY AND IT CANNOT GO THROUGH THE PARKING GARAGE.

SO MY RECOLLECTION.

OH, GOOD. YES.

SO WE WOULD HAVE TO STRIKE THAT SENTENCE ABOUT STAIRWELLS SHOULD BE INTERIOR TO THE STRUCTURE BECAUSE THEN THEY WOULDN'T DISCHARGE IMMEDIATELY TO THE EXTERIOR.

SHOULD HAVE BROUGHT MY CODE BOOK.

SO THESE ARE THE TWO EXAMPLES WE'RE TALKING ABOUT.

SO THE BOTTOM ONE IS WHERE THE WHOLE THING IS OUTSIDE THE BUILDING AS OPPOSED TO IT BEING I THINK IT MIGHT NEED JUST TO BE WORDED DIFFERENTLY BECAUSE IF THE WHOLE STAIRWELL IS INTERIOR TO THE STRUCTURE, WHEN I HEARD IT, WHAT I ENVISIONED WAS NOT THIS PICTURE, BUT THAT THE WHOLE STAIRWELL WOULD BE CENTRAL TO THE PARKING STRUCTURE VERSUS A PROTECTED EGRESS MEANS OF EGRESS ON AN EXTERIOR WALL THAT WOULD BE ENCLOSED, WHICH WOULD BE REQUIRED DISCHARGE FROM 101 MAY HAVE THE LANGUAGE THAT WE NEED TO HELP.

KIND OF SICK.

AND I WOULD JUST ADD, AS AS A PARKING STRUCTURE COMES IN AND GOES THROUGH THE ACTUAL BUILDING PERMIT REVIEW, IT WILL BE REVIEWED BY THE FIRE OFFICE AND THE BUILDING OFFICE FOR ANY TO MAKE SURE IT MEETS THE BUILDING CODE.

SO THESE AREN'T GOING TO SUPERSEDE THE THE BUILDING CODES.

SO IS LIFE SAFETY CODE INHERENT TO THE BUILDING CODE? YES. OKAY.

JUST WANT TO MAKE SURE. THANKS.

THANK YOU. I ALSO HAD A QUICK QUESTION ON THIS SLIDE.

LEXIN WE TALK ABOUT FOR LANDSCAPING, IF IT'S A BUDDING A RESIDENTIAL AREA, LANDSCAPING MAY BE APPROPRIATE.

I'M WORRIED ABOUT OR WONDERING ABOUT THE USE OF THE WORDS MAY INSTEAD OF SHALL.

OR ARE WE JUST SAYING IT'S ENCOURAGED TO USE VEGETATION? OR IS THAT ONE OPTION OF MANY FOR SCREENING? OR WHAT'S THE INTENT THERE? YES. IT'S REALLY IT'S NOT INTENDED TO BE AN ABSOLUTE.

YOU MUST JUST BECAUSE WE DON'T REALLY KNOW THE SITUATION.

YOU KNOW, IF YOU'RE FOR INSTANCE IF YOU ARE.

IMMEDIATELY ADJACENT TO RESIDENTIAL? YES. MAYBE YOU WANT TO PUT IN SOME SCREENING BETWEEN THEM, BUT IT JUST COULD DEPEND ON HOW IT WAS DESIGNED.

SO IF THE WHOLE THING IS DESIGNED DIFFERENTLY, LIKE THAT'S A SOLID WALL AND EVERYTHING IS OVER HERE, THEN IT MIGHT NOT MATTER.

OR, YOU KNOW, AND I'LL SAY THE URBAN DESIGN PLAN OVERALL IS SUPPOSED TO BE A GUIDE TO APPLICANTS OR DEVELOPERS IS THIS IS WHAT THE TOWN WANTS TO SEE, THIS IS WHAT WE'RE LOOKING FOR WHEN APPLICATIONS COME FORWARD.

IT'S LESS INTENDED TO BE A THIS IS WHERE REGULATIONS ARE WRITTEN INTO.

SO THAT'S KIND OF SOMETHING WE'VE BEEN TRYING TO DO.

AS WE MADE UPDATES SIMILAR TO THE CROSS TIMBERS, WE TOOK OUT THE MUST LANGUAGE FROM THE CROSS TIMBERS AREA PLAN AND PUT ANYTHING THAT WE COULD INTO THE THE LDR, THE LAND DEVELOPMENT REGULATIONS THAT APPLY TO THE CROSS TIMBERS.

SO WE'RE TRYING NOT TO MAKE THIS SO MUCH THE DOCUMENT THAT SAYS YOU ABSOLUTE MUST, MUST DO THIS.

THIS IS MORE SUPPOSED TO BE GIVING THE TOWN'S VISION.

OKAY. MAKES SENSE. THANK YOU.

CAN YOU JUST ON THAT POINT, CAN YOU EXPLAIN WHEN A MERITORIOUS DESIGN EXCEPTION IS REQUIRED VERSUS WHEN SINCE YOU DO HAVE A LITTLE BIT OF DISCRETION ON THAT SHALL SHOULD.

SO I'LL GO ALL THE WAY TO THE END.

SO THIS IS WHAT WE'RE PROPOSING TO ADD IN THE LAND DEVELOPMENT REGULATIONS.

AND SO WE'RE TALKING ABOUT.

GENERALLY THINGS SHOULD COMPLY WITH THE INTENT OF THE URBAN DESIGN PLAN OF THE TOWN'S MASTER PLAN.

AND SO HERE IS THE THINGS WE TALK ABOUT WHERE, YOU KNOW, FRANCHISE ARCHITECTURE IS PROHIBITED.

UNIFIED DESIGN THEME IS REQUIRED, ACCESSORY BUILDINGS AND PARKING STRUCTURES HAVE TO RESPECT THE DESIGN THEME OF THE PRINCIPAL STRUCTURE URBAN DESIGN PLAN.

NONRESIDENTIAL BUILDINGS SHOULD COMPLY WITH THE COMPONENT SHOULD PARKING GARAGE.

SO WE HAD THE STAIRWELLS IN HERE AND OUTDOOR LIGHTING ROOF PITCHES AND THEN A MERITORIOUS DESIGN EXCEPTION TO REQUIREMENTS OF THIS SECTION MAY BE APPROVED BY THE TOWN COUNCIL.

SO WE CONNECTED IT TO THE URBAN DESIGN PLAN.

[02:20:04]

AND WE WILL.

WE WILL REQUIRE A MERITORIOUS DESIGN EXCEPTION, DEFINITELY, FOR ANY OF THESE THINGS.

SOME OF THE OTHER THINGS.

I THINK SOME OF THE OTHER THINGS WE WE WOULD STILL TAKE FORWARD IF THINGS WERE NOT MEETING, FOR INSTANCE, ARTICULATIONS, COLORS, THOSE SORTS OF THINGS BECAUSE.

WE DO FEEL WE DO BELIEVE THAT WE HAVE THE ABILITY TO DO THAT AT THIS POINT.

BUT THERE IS, YOU KNOW, LANGUAGE THAT CAME FORWARD WITH HOUSE BILL 2439 THAT LIMITED MUNICIPALITIES ABILITY TO REGULATE DESIGN, BUILDING MATERIALS, ESTHETIC METHODS, THAT SORT OF THING.

SOME OF THOSE HAVE NEVER BEEN TRULY FLESHED OUT.

JUST WHAT ALL DOES THIS APPLY TO? SO SO WE ARE WE ARE TRYING TO MAKE THIS AS ENCOMPASSING AS WE CAN WITHOUT HAVING TO UPDATE IT EVERY TIME THERE'S A NEW OPINION FROM THE ATTORNEY GENERAL'S OFFICE OR THAT SORT OF THING.

SO WE WE INCLUDED LANGUAGE THAT SAYS YOU WILL COMPLY WITH THE URBAN DESIGN PLAN AND REFERENCE BACK TO IT.

AND WE HAVE ALL OF THOSE STATEMENTS.

BUT LIKE I SAID, IF THERE'S SOME NEW DECISION THAT SAYS, NO, YOU'RE NOT ALLOWED TO REGULATE ARTICULATION, THEN OKAY, WELL, WE WON'T MAKE THAT.

ONE OF THE THINGS THAT WE REQUIRE A MERITORIOUS DESIGN EXCEPTION FOR ANYMORE.

LEXIN. SO THIS IS A MASTER PLAN AMENDMENT, RIGHT? YES. SOMETIMES AROUND TOWN THAT'S LIKE A BUZZWORD.

SO I WAS CURIOUS, DO WE HAVE BECAUSE OF THAT, SOME OF OUR COUNCIL MEMBERS AND THEY KNOW THAT I WAS GOING TO BRING THIS UP, BUT, UM, SO SOMETIMES WE NEED TO CONSIDER AMENDING THE MASTER PLAN, RIGHT? AND SO WHEN WE HAVE AN ADMINISTRATIVE SORT OF DOCUMENT UPDATE, DOES A TOWN HAVE ANY DIFFERENT TYPES OF MASTER PLAN AMENDMENTS OR IS IT ALL BASICALLY JUST A MASTER PLAN AMENDMENT? IT'S LIKE A CATEGORY LIKE LAND USE, ZONING BUILDING OR ADMINISTRATIVE OR I MEAN WITHIN THE CAPTION FOR THE MASTER PLAN AMENDMENT, WE WOULD EXPLAIN WHAT'S PROPOSING TO BE AMENDED WITH THAT MPA.

BUT WE DON'T HAVE DIFFERENT CATEGORIES.

IT'S ALWAYS AN MPA OF SOME SORT.

OKAY. COUNCIL, DO YOU HAVE ANY MORE QUESTIONS? I JUST HAVE A COMMENT.

I DON'T KNOW IF IT'S APPROPRIATE TO WAIT BECAUSE YOU HAVE MORE SLIDES, RIGHT? I DO, BUT I CAN WAIT.

MAKE YOUR COMMENT. OH, ALL RIGHT.

SO ONE OF THE THINGS I JUST NOTICED, I THINK IT'S ALL GREAT.

I THINK YOU GUYS DID A GREAT JOB.

ONE THING THAT WOULD MAKE ME FEEL A LITTLE MORE COMFORTABLE IS IF IN THE PHOTOGRAPHS, IF WE COULD TAKE OUT ANY SPECIFIC BUSINESS IDENTIFYING SIGNAGE.

I KNOW IT'S IN THE PUBLIC DOMAIN, SO IT MAY NOT BE A PROBLEM, BUT I FEEL LIKE SOME OF THESE ARE THEIR TRADEMARK LIKE REPRESENTATIVE LOGO ISH TYPE THINGS TOO.

AND I JUST THINK IT WOULD BE ON THE SAFE SIDE IF WE BLUR THEM OR SOMETHING.

OKAY. I MIGHT CHECK WITH.

BUT LIKE, BUT I THINK ALSO LIKE, I DON'T WANT TO CALL THEM OUT BY NAME, BUT ARE WE AT RISK RETAIL FOOD ESTABLISHMENTS AND SOME GROCERY STORES THAT REALLY IT'S NOT JUST A NAME, IT'S A LOGO WHICH MAY BE TRADEMARKED.

AND I WOULD JUST FEEL SAFER IF WE JUST TOOK THAT OFF THE TABLE FOR ANYONE TO FUTURE, YOU KNOW, IN THE FUTURE.

COMPLAIN ABOUT IT. THAT'S JUST ME.

THANK YOU. YEAH, I DON'T KNOW.

WE CAN. CAN WE LIKE EDIT IT, THE PHOTO OR SOMETHING AND JUST KIND OF I'D BE INTERESTED TO HEAR WHAT MR. PRUITT HAS TO SAY ABOUT THAT.

I WOULD BE, TOO. THANKS, BRIAN.

MR. PRUITT, I DON'T THINK YOU WERE EXPECTING THIS MUCH ACTION TONIGHT FOR YOU, WERE YOU? I WASN'T. I WASN'T. BUT I'M SORRY.

IT'S A GOOD THING YOU'RE PAYING ATTENTION.

SO SHOULD WE, LIKE, PUT THE LITTLE BLACK BAND ON THE EYES OF THE PHOTO AND KEEPING ME AWAKE? YEAH. SO HOW DO YOU FEEL ABOUT THAT? ARE WE AT SOME TYPE OF RISK? I THINK IT'S A REASONABLE CONCERN.

CERTAINLY THERE'S BEEN A LOT OF LITIGATION OVER THE YEARS IN DIFFERENT STRANGE PLACES THAT LITIGATION OVER LOGOS ARISES.

IT CERTAINLY MAKES SENSE THAT IF YOU CAN FUZZ PHOTOS SO THAT IT DOESN'T SHOW A SPECIFIC NAME THAT IT MAKES SENSE.

OKAY, WE CAN LOOK INTO THAT.

I WILL SAY WE DIDN'T USE ANY I BELIEVE WE SHOWED ANY BUSINESS NAMES THAT ARE WITHIN FLOWER MOUND.

SO IT ALL THE BUSINESS NAMES CAME FROM OUTSIDE FLOWER MOUND SO AS NOT TO.

YEAH, I SAW SOME OF THOSE PHOTOS AND I WAS LIKE, WHERE IN THE SAM, WHERE IS THAT AT? OKAY, WE'LL LOOK INTO THAT.

WE'LL LOOK INTO THAT. BUT WE CAN MOVE FORWARD WITH.

YES. LEXIN PROMISE THAT WE'RE GOING TO.

NO, THAT'S GOOD. I JUST.

SO I'M SORRY. KEEP GOING.

WE ALSO HAVE LANGUAGE THAT REFERS TO GLASS IN HERE.

SO THE THE TOWN'S ORDINANCE HAD ALWAYS SAID NOT TO USE OUTWARD FACING MIRRORED GLASS THAT'S STILL THERE.

[02:25:01]

WE ALSO ADDED A RECOMMENDATION TO USE LOW EMISSIVITY EMISSIVITY LOW E GLASS IS ENCOURAGED AND TALKED SOME ABOUT WHAT THAT IS.

IT ALLOWS FOR MORE VISIBLE LIGHT WAVES TO TRAVEL THROUGH THE GLASS.

SO IT BASICALLY MAKES IT MORE EFFICIENT.

AND ALSO JUST KIND OF TALKING ABOUT REFLECTIVE VERSUS MIRRORED GLASS AND GIVING SOME OF THAT INFORMATION AND EXAMPLES SINCE WE INSTEAD OF JUST HAVING A STATEMENT THAT SAYS DON'T HAVE MIRRORED GLASS. SO COLORS, NATURAL AND ACCENT TONES.

SO THIS IS THE LANGUAGE THAT WAS HERE BEFORE.

EXCLUDING WINDOW AND DOOR OPENINGS, NATURAL AND EARTH TONE COLORS SHOULD COMPRISE AT LEAST 80% OF EACH ELEVATION.

THE RANGE OF TONES INCLUDE BUT ARE NOT LIMITED TO BROWN UMBER, BEIGE, TAUPE, SEPIA.

SO WE ADDED GRAY BECAUSE P AND Z RECOMMENDED TO INCORPORATE GRAY WHITE OFF WHITE AND SLIGHT VARIATION.

SO WE CHANGE THIS A LITTLE BIT BEFORE IT ALSO HAD RUST, OCHER AND OLIVE IN THAT LIST.

AND SO WE ADD WE MOVED RUST OCHER AND OLIVE TO SAY THEY'RE ALSO ACCEPTABLE, BUT THEY'RE MORE APPROPRIATE AS ACCENT COLORS BECAUSE AS WE LOOKED AT WHAT THOSE COLORS REALLY LOOKED LIKE, WE'RE LIKE, WOW, THAT WOULD BE A LOT.

MAYBE IF THAT WAS LIKE THE WHOLE SIDE OF A BUILDING OCHER.

AND THEN ALSO JUST TO CLARIFY THOUGH, THAT BRICK AND STONE IN THEIR NATURAL STATES, THEY MAY INCLUDE COLOR VARIATIONS ASSOCIATED WITH REDS AND TANS.

AND SO CERTAINLY NOT ANY INTEREST IN TRYING TO SAY THAT THOSE BRICK COLORS ARE NOT PERMITTED.

SO WE LOOK AT THAT.

SO WE GOT THE PROPOSED COLOR MATRIX.

SO THIS IS INCORPORATING THE GRAY LINE.

SO WE ALSO JUST ADDED A GRAY COLUMN TO ALLOW KIND OF A GRAY TINT OR TONE TO ALL OF THE COLORS THAT WERE ALREADY IDENTIFIED AS BEING PERMITTED, BECAUSE IT DEFINITELY SEEMED LIKE THE COUNCIL WAS GOOD WITH HAVING SOME GRAY TO THOSE EXISTING COLORS THAT WERE PREVIOUSLY PERMITTED. BUT THEN AFTER GOING BACK AND FORTH WITH P AND Z, THEY FELT LIKE THE.

THEY WERE OKAY WITH NATURAL AND WARM TONE, GRAYS AS ACCEPTABLE TONES.

AND SO THESE ARE THE ONES THAT WERE INCORPORATED INTO THIS.

SO THIS COLOR MATRIX IS WHAT WILL NOW BE USED BY STAFF AND IS AVAILABLE TO THE APPLICANT.

SO IT GIVES MUCH MORE SPECIFIC INFORMATION AS TO WHAT THOSE TONES OR COLORS THAT THE TOWN WANTS TO SEE ARE.

THIS IS JUST THE COLOR MATRIX WITHOUT GRAY TO SHOW YOU THE VARIATION.

AND THEN IF GRAY GRAY IS APPROVED OR IF GRAY WAS PROPOSED BY AN APPLICANT, JUST TO KEEP IN MIND THAT EXISTING DEVELOPMENTS WOULD STILL NEED TO MEET THEIR UNIFIED DESIGN THEME.

SO YOU COULDN'T HAVE AN EXISTING BUILDING THAT HAS TWO TAN BUILDINGS AND ALL OF A SUDDEN SOMEBODY SAYS, OH, BUT I LIKE GRAY, I WANT TO BE GRAY.

IT'S LIKE, NO, YOU STILL HAVE TO BE CONSISTENT WITH YOUR OVERALL DEVELOPMENT.

AND THAT DESIGN THEME THAT WAS APPROVED SO LEXIN REAL QUICK.

SO BACK ON 17, HAVE WE CONSIDERED PUTTING SOME TYPE OF NUMERICAL VALUE ON THOSE? LIKE IT WOULD BE GRAY, GRAY ONE FIVE OR ARE WE JUST GOING TO HOLD UP A SLIDE AND BE LIKE, IT'S THAT GRAY? NO, BECAUSE LIKE YOU'VE GOT THE CMYK COLOR THINGS, YOU'VE GOT THE PANTONE MATCH, YOU KNOW, SO I MEAN WE IT JUST KIND OF SUBJECTIVE THOUGH, IS ALL I'M SAYING.

IT'S GREAT.

AND THIS IS EXACTLY WHAT I WAS THINKING, RIGHT? BUT MAYBE IF WE HAD A NUMBER SYSTEM LIKE IT'S THE FLOWER MOUND URBAN DESIGN 2194 GRAY.

SO I DIDN'T NECESSARILY THINK OF DOING THAT.

WE DO HAVE THE WAY WE DID THIS WAS WAS VERY EXACT AS FAR AS ACTUALLY PULLING UP THE COLORS AND THE CMYK PERCENTAGES.

AND SO WE HAVE THE VALUES THAT ARE UNDERNEATH ALL OF THESE COLORS.

SO IF SOMEONE PROPOSES SOMETHING TO US, WE CAN CHECK IT AGAINST THE LIST.

AND WHAT DO YOU FALL WITHIN THE RANGE OF THIS TONE AND THIS TONE, EVEN IF YOU'RE NOT THIS ONE? EXACTLY. SO IT'S SOMETHING THAT STAFF CAN REVIEW BASED ON HOW THIS WAS CREATED AND WILL HAVE, YOU KNOW, WILL PROBABLY HAVE A COLOR SWATCH THING FOR OURSELVES.

BUT IF IT WAS REALLY A QUESTION, WE CAN WE CAN GO INTO THE BACKGROUND DETAILS OF OF HOW THAT COLOR WAS IDENTIFIED BECAUSE THE APPLICANT NORMALLY PROVIDES THAT INFORMATION TO US, THE SPECIFICS OF THE COLOR THEY'RE PROPOSING.

SO I THINK THERE IS I DON'T KNOW THAT THAT NEEDS THAT.

WE NEED TO NAME ALL THESE COLORS AND HAVE THAT AVAILABLE IN THE BOOK.

BUT WE DO HAVE THE ABILITY TO FURTHER RESEARCH IT.

I THINK THAT'S A REALLY GOOD IDEA.

OBVIOUSLY STAYING AWAY FROM THE NAMES BECAUSE DIFFERENT MANUFACTURERS CAN NAME ONE COLOR, MANY DIFFERENT NAMES, BUT I LIKE HAVING THE FORMULARY IN THERE BECAUSE THEN IT'S A LITTLE MORE PRECISE AND IF YOU GUYS HAVE IT ON THE BACK END, THAT'S GREAT.

APPRECIATE IT. SO ACCENT COLORS MAY COMPRISE THE REMAINING 20% OF EACH BUILDING ELEVATION AND SHOULD RELATE TO THE PRIMARY TONE.

[02:30:08]

SO WE LEFT THAT THE WAY IT WAS WRITTEN.

WE UPDATED THIS LANGUAGE A LITTLE TO SAY IN A LIMITED AMOUNT THAT DOES NOT UNREASONABLY IMPACT THE FACADE COLORS CONTRASTING COLORS NOT BASED ON THE THE BASE TONE MAY BE APPROPRIATE FOR SPECIAL ELEMENTS, INCLUDING CANOPIES AND AWNINGS, PATIO UMBRELLAS, PLANTER BOXES, PAVEMENT BIKE RACKS, TRELLIS GREEN WALLS AND SIGNAGE. GENERALLY, SPECIAL ELEMENTS ARE EASILY REPLACEABLE AND SHOULD AND SHOULD IMPACT SHOULD NOT IMPACT THE OVERALL APPEARANCE OF THE PRIMARY BUILDING.

AND SO THIS IS KIND OF SOME OF THOSE EXAMPLES.

I KNOW WHEN WE TALKED BEFORE, COUNCIL MEMBER MARTIN WAS INTERESTED IN POTENTIALLY ALLOWING SOME BLACK AS WELL AS MAYBE SOME NAVY BLUE AND SO FOUND SOME WAYS THAT CAN BE DONE.

AGAIN, THE THE WAY IT IS WRITTEN NOW, IT WOULDN'T ALLOW SOMEONE TO MAKE IT PART OF THE ACTUAL BUILD.

IT WOULD ONLY BE SOME OF THESE ADDITIONAL ELEMENTS IF THEY WERE DOING A COLOR THAT WAS NOT RELATED TO THE BASE TONE.

SO LONG PRAIRIE DISTRICT.

SO WE REDID THIS SECTION.

TOTALLY REDID THE MAP.

AND SO WHAT WE DID HERE IS IDENTIFY ALL OF THE EXISTING KIND OF MAJOR SHOPPING CENTERS WITHIN THE TOWN AND PUT THEM ON THE MAP.

WE JUST TALKED ABOUT WHERE LONG PRAIRIE DISTRICT IS LOCATED AND THE FACT THAT MANY OF THE LARGE SERVICE AND RETAIL CENTERS WERE DEVELOPED BEFORE THE RETAIL MARKET INCLUDED AN E-COMMERCE MARKET.

BECAUSE OF THIS, FUTURE CONSIDERATION OF REDEVELOPMENT AND HIGH QUALITY IN DEVELOPMENT STANDARDS IS IMPORTANT.

AND SO WE TALKED ABOUT REDEVELOPMENT.

YOU KNOW, STILL WANT TO FOLLOW PREVIOUS SECTIONS OF THIS GUIDE AND DESIGN STRATEGIES TO STRENGTHEN THE VIABILITY OF EXISTING ACTIVITY CENTERS AND ASSOCIATED AMENITY AREAS, IMPROVEMENTS TO THE PHYSICAL ENVIRONMENT, INCLUDING BRINGING LANDSCAPING UP TO CURRENT STANDARDS AND UTILIZING NATIVE PLANTINGS AND SAFETY AND WALKABILITY ENHANCEMENTS THROUGHOUT THE DEVELOPMENT AND CONNECTIONS TO NEARBY POPULATIONS.

AND THEN WE ALSO TALKED MORE SPECIFICALLY ABOUT LARGE TENANT OR BIG BOX RETAIL.

MANY OF OUR BIG BOX RETAIL SITES WERE DEVELOPED IN THE 90S AND THE EARLY 2000S.

AND SO THE TOWN NEEDS TO ANTICIPATE RECEIVING DEVELOPMENT APPLICATIONS OR REDEVELOPMENT APPLICATIONS AT THE 30 TO 40 YEAR MARK.

AND TALKING WITH RAY, AN ECONOMIC DEVELOPMENT THAT'S USUALLY KIND OF THE EXPECTED LIFE EXPECTANCY OF A BUILDING BEFORE IT'LL NEED A REFRESH OF SOME SORT.

AND SO RETAIL CENTERS WHERE GROCERY STORES ARE THE ANCHOR TENANT, THEY SHOULD CONTINUE TO PERFORM WELL AND BE A PREFERRED DEVELOPMENT PRODUCT.

BUT IF YOU DON'T HAVE THAT MAJOR GROCER TENANT, SOMETHING WE'RE SEEING NATIONALLY AND LOCALLY AS GROWING NUMBER OF BIG BOX VACANCIES, ALSO WHERE BUILDINGS ARE BEING SPLIT UP.

SO WHERE, WHERE MAYBE IT USED TO TAKE THE WHOLE BUILDING, NOW IT ONLY NEEDS HALF THE BUILDING.

AND SO THE OTHER HALF OF THE BUILDING IS GETTING GETTING TAKEN OVER BY HEALTH CARE SERVICES, GYMS, SHOOTING RANGE, RELIGIOUS INSTITUTIONS, SCHOOL OFFICES AND SOME OTHER OFFICE USES.

SO THERE IS THE POSSIBILITY FOR THOSE SPACES TO NEED TO BE DIVIDED, FOR US TO CONSIDER HOW THOSE THE OVERALL DEVELOPMENTS MIGHT CHANGE TO.

SO AGAIN, STILL IMPORTANT TO COMPLY WITH PEDESTRIAN SCALE BUILDING ENTRY POINTS, THOSE SORT OF THINGS.

WE STILL WANT PEOPLE TO BE ABLE TO TELL WHERE THEY'RE GOING AND HOW TO GET INTO THE BUILDING.

ADDITIONAL SITE MODIFICATIONS COULD ALSO INCLUDE PARKING REDUCTIONS, MODIFYING TENANT SPACE, UPDATING LANDSCAPING, REDUCING CURB CUTS AND INCORPORATING AMENITY AREAS.

AND SO IT KIND OF GIVES YOU AN EXAMPLE OF WHAT ONE COULD LOOK LIKE.

THIS IS WHERE YOU'RE STARTING.

YOU CAN SEE THE BIGGEST BOX GETS DIVIDED INTO TWO.

MAYBE THIS BOX GETS DIVIDED INTO TWO.

SOME ADDITIONAL TENANTS GET ADDED BECAUSE THERE MIGHT BE LESS OF A PARKING NEED FOR SOME OF THESE SPACES AS THEY TRANSITION TO DIFFERENT USES.

TRY TO INCORPORATE MORE LANDSCAPING.

TRY TO REDUCE THE NUMBER OF CURB CUTS JUST BECAUSE THAT'S A GOOD GOAL.

AND LOOK AT HOW YOU CAN POTENTIALLY INCORPORATE AMENITIES WITHIN THAT.

WE ALSO TALK ABOUT INFILL SITES, JUST THAT, YOU KNOW, THIS WAS KIND OF ALREADY DEFINED WITHIN THE URBAN DESIGN PLAN.

UNDEVELOPED PROPERTY, LESS THAN 20 ACRES CAN BECOME AN INFILL SITE DUE TO DEVELOPMENT CONSTRAINTS RELATED TO LOT AREA OR SHAPE, LOCATION, ABUTTING DEVELOPMENT EASEMENTS OR OTHER DESIGNATIONS.

AND WHEN THESE CHALLENGES ARISE, THERE IS THE LIKELIHOOD THAT AN APPLICANT WILL REQUEST AN EXCEPTION OR MODIFICATION.

THESE ARE GENERALLY BECAUSE THE SITE WOULD OTHERWISE NOT BE ECONOMICALLY VIABLE.

SO BUT WHEN THOSE SITES COME FORWARD, JUST RESTATING THAT THE SITE AND BUILDING DESIGN SHOULD STILL BE CONSISTENT WITH ABUTTING DEVELOPMENTS, LOOKING AT

[02:35:03]

THINGS LIKE ROOF LINES, MATERIALS AND SCALES, AND ALSO HAVE EXCEPTIONAL ARCHITECTURAL INTEREST AND CREATIVE OPEN SPACES.

SO WHILE, YOU KNOW, IF THERE'S A GIANT EASEMENT RUNNING THROUGH THE MIDDLE OF THE PROPERTY, IT MIGHT, FOR INSTANCE, REQUIRE SOMEBODY TO REDUCE A SETBACK ON THIS SIDE.

BUT WE DO WANT TO ENSURE THAT IT STILL MEETS THE TOWN'S HIGH STANDARDS.

AREA PLAN. SO AGAIN, AS WE TALKED ABOUT RELOCATING THE DENTON CREEK DISTRICT AND LAKESIDE BUSINESS DISTRICT TO THE AREA, PLANS COMPONENT INCORPORATE A LARGE AMOUNT OF THE EXISTING DEFINITION TEXT OF THE AREA PLANS COMPONENT TO THE RELOCATED SECTIONS.

WE ALSO REMOVED THE FLEXIBILITY OF PRIVATE STREET YARD AREA LANDSCAPE SECTION THAT WAS NOT AWARE OF THAT EVER BEING USED WITHIN THE TOWN.

IT MADE REFERENCE TO.

POTENTIALLY THE DEVELOPER COULD PROVIDE SOME OF THEIR REQUIRED LANDSCAPE BUFFER WITHIN THE RIGHT OF WAY.

AND I DON'T THINK THAT'S SOMETHING THAT THAT WE HAVE PERMITTED OR ENCOURAGED.

SO WE JUST TOOK THAT SECTION OUT.

UPDATED ALL THE THOROUGHFARE REFERENCES, UPDATED THE IMAGES AND ILLUSTRATIONS, AND CLEANED UP THE SECTION INTRODUCTIONS.

SO WE DID CLEAN UP THIS A LOT OF THIS LANGUAGE.

SO THE MEDIAN AND RIGHT OF WAY DESIGN GUIDELINES, THIS WAS A DIFFERENT COMPONENT OF THE MASTER PLAN THAT WAS ADOPTED IN 2010.

THE INTENT OF THIS COMPONENT WAS TO REFINE ROADWAY LANDSCAPING DESIGN ELEMENTS.

IT ALSO INTRODUCED NEW DEFINITIONS FOR ROADWAY TYPES AND THE INTENDED PUBLIC LANDSCAPE.

SO AREA PLANS PREVIOUSLY TALKED ABOUT TOWN LANDMARK INTERSECTIONS WITHIN THE MEDIAN AND RIGHT OF WAY DESIGN GUIDELINES.

THIS BECAME AREA ONE PRIMARY TREATMENT.

THERE WAS THIS AREA TO TRANSITIONAL TREATMENT AREAS THAT WERE IDENTIFIED IN THIS GUIDE THAT WASN'T HADN'T PREVIOUSLY BEEN IN THE AREA.

PLANNED DISTRICT ARTERIAL LANDSCAPE STAYED THE SAME.

AND THEN AGAIN THERE WAS THIS AREA, THREE SECONDARY TREATMENT AREAS THAT HADN'T BEEN IN THE AREA PLANS BEFORE.

SO WE JUST TRIED TO UPDATE ALL THE REFERENCES SO EVERYTHING MATCHED UP AND SAID THE SAME THING.

SO YOU CAN SEE THIS WAS THE ORIGINAL MAP FOR THE LAKESIDE BUSINESS DISTRICT.

AND HERE IS THE UPDATED MAP WE PUT IN THESE PRIMARY TRANSITIONAL TREATMENT AREA AND SECONDARY TREATMENT AREAS AS THEY WERE REFERENCED FROM THE RIGHT OF WAY AND MEDIAN DESIGN GUIDELINES, AS WELL AS ENHANCED LANDSCAPE BUFFERS.

WE JUST INCORPORATED THE LABELED AREAS IDENTIFIED.

AN UPDATED ALL THE ROAD SEGMENTS TO MATCH THE THOROUGHFARE PLAN.

HERE'S THE DENTON CREEK DISTRICT AGAIN.

THIS WAS THE ORIGINAL MAP.

THIS IS THE UPDATED ONE.

SO WE HAVE PRIMARY TREATMENT AREA, TRANSITIONAL TREATMENT AREA AND SECONDARY TREATMENT AREAS.

AGAIN, UPDATED THE ROAD SEGMENTS TO MATCH THE THOROUGHFARE PLAN IDENTIFIED A NEW ENHANCED LANDSCAPE BUFFER BETWEEN THE TRAILWOOD NEIGHBORHOOD AND THE SOUTHERN PROPERTY.

IDENTIFIED NEW I-35 WEST ARCHITECTURAL IMPACT ZONE.

AND ALSO JUST TO SHOW THE INTERNALIZED SERVICE AREAS AND ARCHITECTURAL IMPACT ZONES AS THEY WERE DESCRIBED IN THE TEXT, BUT HADN'T ACTUALLY BEEN SHOWN ON THE MAP PREVIOUSLY.

YOU'RE JUST STREET SEGMENTS.

WE UPDATED ALL OF THESE.

YOU MAY RECOGNIZE THIS USE SIMILAR SOFTWARE TO CREATE THE ONES THAT WENT INTO THE CROSS TIMBERS PLAN.

SO AGAIN, THIS IS MAJOR ARTERIAL KIND OF DESIGN THAT SHOWS WHEN UTILITIES ARE LOCATED IN THE RIGHT OF WAY HOW THAT SHOULD BREAK DOWN.

CURRENT FOR MINOR ARTERIAL.

AND SO AGAIN SHOWED THE TWO DIFFERENT OPTIONS WHEN UTILITIES ARE IN THE RIGHT OF WAY AND WHEN UTILITIES ARE OR ARE IN THE RIGHT OF WAY PARKWAY AND WHEN UTILITIES ARE IN THEIR RIGHT OF WAY. MEDIAN AND HOW THAT WOULD LOOK DIFFERENTLY AS FAR AS WHERE THE TREES ARE LOCATED.

PRIVATE STREET YARD LANDSCAPING.

SO JUST UPDATING THAT VISUAL.

THERE'S ALSO THE PARKING AREA AND DRIVEWAY MEDIAN GRAPHIC.

SO WE UPDATED IT TO SHOW SEVERAL PARKING AND BUILDING CONFIGURATIONS.

HIGHLIGHT PARKING AREA SCREENING AS BEING WHERE THAT'S REQUIRED.

RECOMMEND MEDIAN LANDSCAPING, NOT INTERFERE WITH VEHICLE AND PEDESTRIAN SAFETY.

SO FLEXIBLE. STREET YARD.

THIS IS WHAT WE WERE TALKING ABOUT, WHERE IT TALKED ABOUT THE FLEXIBILITY TO GET ALTERNATELY AS MUCH AS TEN FEET OF THE PRIVATE STREET YARD MAY BE PLACED WITHIN THE PUBLIC RIGHT OF WAY.

AND AND SO WE DON'T REALLY DO THIS AND HAVEN'T BEEN SUPPORTING IT, SO WE JUST SUGGEST REMOVING THAT LANGUAGE.

SO THE SUMMARY OF WHAT ALL IS INCLUDED WITHIN THIS MPA OR MASTER PLAN AMENDMENT.

IT'S UPDATING THE INTRODUCTION TO REFLECT THE PROPOSED AMENDMENT.

IT'S INCORPORATING THE DEFINITION SECTION INTO THE APPROPRIATE SECTIONS.

I WILL SAY ALSO WITHIN THE LIKE THE LAKESIDE BUSINESS DISTRICT AND DENTON CREEK DISTRICT AREA PLANS, WE SHORTENED THE DEFINITION SECTION QUITE A BIT.

THE WAY IT WAS WRITTEN BEFORE, IT HAD ALL OF THE INFORMATION, IT BASICALLY HAD ALL OF THE INFORMATION WRITTEN IN THE DEFINITIONS, AND THEN IT REPEATED IT IN THE SECTION.

[02:40:08]

SO WE JUST SHOWED IT IN ONE PLACE INSTEAD OF HAVING IT IN TWO PRETTY MUCH FULLY WRITTEN OUT.

FACADE MATERIALS, SIMPLIFIED THE LANGUAGE AND TALKED ABOUT THE DOOR AND WINDOW OPENING PERCENTAGES WHEN ADJACENT TO OPEN SPACES AND ABOVE THE SECOND STORY NOT ABUTTING RESIDENCES. THE FACADE COLORS MODIFYING THE LANGUAGE NATURAL BRICK COLOR MATRIX, LONG PRAIRIE DISTRICT RELOCATING IT, ADDING ALL THE NEW LANGUAGE THAT WE TALKED ABOUT. AREA PLANS INCORPORATING THE MEDIAN AND RIGHT OF WAY DESIGN GUIDELINES WITHIN THAT DEFINITIONS.

JUST UPDATING THE DEFINITIONS ELEMENT MAPS, ALL OF THE UPDATING ALL OF THOSE MAPS TO REFLECT ALL THE CURRENT THOROUGHFARES, DESIGN STANDARDS REQUIREMENTS AND THEN REMOVING THAT FLEXIBLE STREET LANDSCAPE BUFFER RECOMMENDATION.

AND THEN AS I MENTIONED, THIS IS THE WE TALKED ABOUT BEFORE.

THIS IS THE LDR OR ORDINANCE UPDATE, SO THAT WE HAD LANGUAGE TYING BACK TO THE URBAN DESIGN PLAN WITHIN OUR LAND DEVELOPMENT REGULATIONS.

THAT'S THE END OF MY PRESENTATION.

I'D BE HAPPY TO ANSWER ANY QUESTIONS.

COUNCIL FOR QUESTIONS.

LEXIN, I JUST HAD ONE FOLLOW UP AND THIS IS OBVIOUSLY A GREAT DOCUMENT AND REALLY CAPTURED OUR INTENT.

BUT I DID GET A PHONE CALL TODAY FROM A RESIDENT ABOUT THE WINDOWS, THE INCREASED WINDOW ALLOWANCE AND THE CONCERN WAS BIRDS AND BIRD STRIKES, AND I HADN'T REALLY THOUGHT ABOUT THAT. SO I THOUGHT I WOULD JUST BRING IT UP.

AND I KNOW IT'S NOT SOMETHING I THINK THAT NEEDS TO BE CONSIDERED IN THE URBAN DESIGN PLAN, BUT IS THAT SOMETHING WE CAN LOOK INTO IN TERMS OF STRATEGIES TO MAKE BUILDINGS WITH MORE GLASS, A LITTLE MORE BIRD FRIENDLY? I KNOW THEY EXIST. SURE.

SO I'M NOT I HAVEN'T DONE ANY RESEARCH ON IT.

I KIND OF ARRIVED AT THE LAST MINUTE.

SO YEAH, I UNDERSTAND THAT.

BUT THAT'S SOMETHING WE CAN DIVE INTO A LITTLE BIT.

ABSOLUTELY. THANK YOU.

I WANT TO ECHO WHAT ADAM SAID.

I THINK YOU PERFECTLY CAPTURED OUR INTENT FROM THE WORK SESSION.

SO REALLY WELL DONE.

THANKS. THANK YOU.

AND I WANTED TO ALSO RECOGNIZE JOHN CHAPMAN IN OUR DEPARTMENT AS HE DID THE LION'S SHARE OF THIS WORK.

LOT OF WORK. GOOD SLIDES TOO.

APPRECIATE IT, IT LOOKS GREAT.

AWESOME. THANK YOU. ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT. THE TIME IS 8:42 AND I AM OPENING THE PUBLIC HEARING FOR MPA 23 0004 AND LDR 23 0002.

THERESA, DO WE HAVE ANY GREEN COMMENT CARDS FOR ITEM NUMBER 7 OR 8? DO NOT. IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK DURING THE PUBLIC HEARING FOR ITEMS NUMBER 7 OR 8? PLEASE STAND UP OR RAISE YOUR HAND.

SEEING AND HEARING NONE, THE TIME IS NOW 8:43 IN THE PUBLIC HEARING IS CLOSED.

SO COUNCIL DISCUSSION ON EACH ITEM AND WE'LL NEED A MOTION FOR EACH.

I THINK IT'S GREAT. I LOVE IT.

LEXIN THANKS SO MUCH. AND I LOVE THE COLOR MATRIX AND HOW YOU DID ONE WITH THE GRAY AND ONE WITHOUT THE GRAY.

THAT'S JUST AWESOME.

AGAIN, I ALREADY STATED MY CONCERN ABOUT THE LOGOS, SO I THINK EVERYTHING ELSE LOOKS GREAT.

OH. SO I AM PREPARED TO MAKE A MOTION.

ANYONE ELSE WANTS TO MAKE COMMENTS BEFORE I, OKAY.

I MOVE TO APPROVE ITEM SEVEN AS WRITTEN.

SECOND, ANY DELIBERATION ON THAT MOTION? THERESA, WE HAVE A MOTION AND A SECOND.

PLEASE CALL THE ROLL.

23-0004 PASSES BY UNANIMOUS VOTE.

MOVING ON TO ITEM EIGHT.

ANY DISCUSSION? OTHERWISE, I'LL ENTERTAIN A MOTION.

I MOVE TO APPROVE ITEM EIGHT AS WRITTEN.

SECOND.

ANY DELIBERATION ON THAT MOTION? THERESA. WE HAVE A MOTION AND A SECOND.

PLEASE CALL THE ROLL.

23-0002 NON RESIDENTIAL DESIGN PASSES BY UNANIMOUS VOTE.

MOVING ON TO ITEM NUMBER NINE, WE HAVE A STAFF PRESENTATION BY MISS THERESA SCOTT.

[K.9. DCAD Board of Directors Nomination - Town Council to consider approval of a resolution to nominate individuals to be voted on by taxing jurisdictions for the Board of Directors for the Denton Central (DCAD) Appraisal District. ]

I DON'T HAVE A FORMAL PRESENTATION.

MOST OF THE INFORMATION I PROVIDED TO YOU ALL IS IN THE PACKET.

THIS IS SHOULD YOU CHOOSE TO HAVE SOMEONE TO SIT ON THE BOARD OF DIRECTORS? THERE ARE SOME CERTAIN CRITERIA WITH THAT.

IT WOULD BE JUST A MATTER OF BRINGING FORWARD A NAME THAT WOULD LATER GET VOTED ON BY THE TAXING ENTITIES WITHIN DENTON COUNTY.

SO I KNOW THAT YOU ALL DON'T HAVE MUCH TIME ON THIS BECAUSE THEY NEED A DECISION BY THE 16TH.

BUT IF YOU ALL HAVE INTEREST IN DISCUSSING THE NAME OF SOMEONE, EVEN IF THERE YOU HAVEN'T SPOKEN TO THEM, TO THEM, YOU CAN MAKE IT CONTINGENT ON THEM ACCEPTING IF FOR SOME

[02:45:05]

REASON YOU HAVE A NAME AND WE CAN MAKE THAT OUTREACH TO THAT INDIVIDUAL.

COUNCIL HAVE ANYBODY THEY WOULD LIKE TO NOMINATE OR JUST WANT TO SURPRISE SOMEBODY WATCHING AT HOME OR ANYBODY IN THE AUDIENCE WANT TO SERVE ON THE BOARD TAKING NOMINATIONS. AND I SENT YOU ALL THE LIST OF FOLKS THAT DIDN'T MAKE THE SELECTION FOR THE LAST ROUND OF APPOINTEES AS WELL.

I KNOW IT'S BEEN A COUPLE OF WEEKS FOR THAT, BUT IF Y'ALL HAVE THAT AND AGAIN, JUST TO MAKE SURE THIS IS NOT THE GROUP OF PEOPLE THAT DECIDE ON APPRAISALS FOR HOMES, THEY DO THE BUDGET AS WELL AS THE POINT OF THE BOARD, THE PRESIDENT.

SO WHAT HAPPENS IF WE DON'T NOMINATE SOMEBODY? YOU DON'T HAVE TO. YOU'LL BE GIVEN A SLATE OF CANDIDATES IN DECEMBER THAT YOU CAN VOTE FROM THAT OTHER ENTITIES HAVE SUBMITTED NAMES FOR, AND WE GET A CERTAIN NUMBER OF VOTES.

RIGHT. AND IF I'M NOT MISTAKEN, OUR NUMBER USUALLY PALES IN COMPARISON TO MANY OF THE OTHER ENTITIES WHO ARE VOTING.