Nov 06, 2023 Town Council Archive

MA'AM, PLEASE COME TO THE PODIUM AND AFTER YOU'RE DONE A LOT OF GREEN COMMENT CARD WITH YOUR INFORMATION.

AS A REMINDER, STATE YOUR NAME AND ADDRESS AND YOU WILL HAVE THREE MINUTES.

HI, MY NAME IS ASHLEY SCHRADER AND THIS IS MY FIRST TIME TO A PUBLIC HEARING IN FLOWER MOUND.

AND YOU GUYS ARE JUST SO WARM AND FRIENDLY AND KIND AND I REALLY APPRECIATE THAT.

SO THANK YOU FOR LISTENING.

I DON'T REALLY HAVE ANYTHING PREPARED.

I DOVE REALLY DEEP INTO TIRZ NUMBER TWO.

I'D NEVER HEARD OF IT BEFORE.

I'M NOT IN A YOU KNOW, I DON'T WORK IN THE GOVERNMENT.

I'VE NEVER BEEN ON COUNCIL OR ANYTHING LIKE THAT.

SO WITH THE LIMITED RESEARCH I WAS ABLE TO GATHER, I DID HAVE SOME I DON'T KNOW IF A PUBLIC HEARING CAN ACCEPT QUESTIONS AT THIS TIME, BUT I DID HAVE A FEW.

JUST THE IDEA OF FOLLOWING THE THE LATEST SPEAKER.

IT DOES SEEM LIKE A BLUEPRINT FOR A LOT OF DEVELOPMENT AND DEVELOPMENT THAT IS REALLY CLOSE TO A HIGHLY RECOGNIZED DORBA TRAIL, DORBA MOUNTAIN BIKING TRAIL AND OTHER RECREATIONAL TRAILS AROUND THE AREA, AND A FEEDER CREEK INTO LAKE GRAPEVINE.

AND I'VE BEEN ON THOSE TRAILS MULTIPLE TIMES.

IT'S SUCH A WONDERFUL AREA.

IT'S WHY I LOVE LIVING IN FLOWER MOUND.

WE HAVE SUCH OPEN GREEN SPACES NEARBY, JUST A TEN MINUTE DRIVE AND YOU'RE IN THE TREES AND IT'S WONDERFUL.

[01:45:02]

BUT I DO SEE, IT SOUNDS LIKE THAT MIGHT NOT BE THE FUTURE OF FLOWER MOUND IN THIS AREA.

I DO SEE A LOT OF INFRASTRUCTURE.

I SEE ROADS, WATER REUSE AREAS.

I GUESS WE ARE READYING THE LAND FOR DEVELOPMENT AND MORE AREAS OF LIVING FOR PEOPLE, WHICH IS GREAT, BUT ALSO THAT'S A REALLY LARGE CHUNK OF GREEN SPACE.

WE HAVE A LOT OF WILDLIFE, A LOT OF FLORA AND FAUNA NATIVE TO FLOWER MOUND AND NORTH TEXAS, AND IT'S SLOWLY STARTING TO MOVE OUT.

WE USED TO HAVE A PACK OF COYOTES IN THE TIMBER CREEK AREA WHERE I LIVE.

I USED TO HEAR THEM GROWING UP, AND IT WAS REALLY GREAT TO HEAR THEM ON A COLD NIGHT.

WE DON'T HEAR THEM ANYMORE.

I'M NOT SURE WHERE THEY WENT, BUT I THINK I CAN JUST KIND OF SEE HOW IF WE OVER DEVELOP THESE ANIMALS AND THINGS WILL START TO MOVE OUT AND MOVE INTO OTHER AREAS. BUT I DO LOVE HAVING THEM AS PART OF MY COMMUNITY.

BUT YEAH, JUST I DON'T KNOW IF IT'S A TIME FOR QUESTION, BUT WAS JUST CURIOUS IN THE CAPITAL IMPROVEMENT PLAN OR PROJECT, IF, YOU KNOW, IF WHAT WE'RE LOOKING AT IS JUST GOING TO BE LAND THAT IS READY FOR MORE FUTURE DEVELOPMENT AND VERY TIGHT PACKED HOUSING, I WASN'T SURE THERE, BUT THANK YOU. I LEARNED WHAT A TIRZ IS IN THIS EXERCISE, SO I APPRECIATE THE LEARNING OPPORTUNITY AND I APPRECIATE YOU GUYS HEARING ME OUT.

MA'AM, JUST ONE MINUTE. IF YOU COULD STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD.

SO WE HAVE IT ON VIDEO.

YES. SORRY ABOUT THAT.

ASHLEY SCHRADER, 3821 SPANISH OAK DRIVE, FLOWER MOUND, TEXAS 75028.

EXCELLENT. AND OUR DUBIOUS CHIEF HENLEY HAS A GREEN COMMENT CARD WAITING FOR YOUR COMPLETION.

THANK YOU SO MUCH.

DO WE HAVE ANY MORE GREEN COMMENT CARDS THAT SNUCK IN WHILE I WASN'T LOOKING? IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK DURING THE PUBLIC HEARING? PLEASE STAND UP OR RAISE YOUR HAND.

THE TIME IS 7:47 AND THE PUBLIC HEARING IS CLOSED.

COUNCIL, DO YOU HAVE ANY MORE QUESTIONS FOR STAFF OR MS. PETTY? LET'S HAVE A DISCUSSION.

I THINK WE STILL NEED TO TALK ABOUT WHAT A TIRZ IS ABOUT AND WHAT IT ISN'T ABOUT.

AND I WANT TO ACKNOWLEDGE SPEAKERS.

I THANK YOU FOR COMING FORWARD AND YOUR QUESTIONS ARE VALID.

YOU KNOW, THERE IS A PARKS AND TRAILS MASTER PLAN THAT WILL BE INCORPORATED INTO FUTURE DEVELOPMENT IN OUR TOWN, REGARDLESS OF WHERE IT IS AND WHAT IT IS AND WHEN IT IS.

AND THERE ARE REQUIREMENTS THAT MUST BE FOLLOWED TO FOLLOW OUR STANDARDS, LIKE OUR TREE PRESERVATION AND PARK LAND DEDICATION OR FEES IN LIEU OF OR, YOU KNOW, PRELIMINARY PLANS FOR THIS AREA DO INCLUDE A LARGE NUMBER OF THOSE THINGS HAPPENING AND COMING FORWARD.

I THINK ALSO THE TIRZ, AND I THINK WE MENTIONED IT BEFORE, IS COMPLETELY APART FROM THE ZONING AND THE PACE OF DEVELOPMENT AND WHAT EVENTUALLY WILL GO IN CERTAIN PARCELS AND WILL NOT GO IN OTHER PARCELS.

SO THIS, IN MY MIND, IS TRULY A DISCUSSION ABOUT A FUNDING MECHANISM FOR THE FUTURE OF PROJECTS IN THAT AREA AS THEY DEVELOP, AND IT'S NOT GOING TO FAST TRACK ANYTHING.

IT'S NOT A TAX INCENTIVE FOR THE DEVELOPER.

IT'S A 50/50 SPLIT AS WE HAVE DESIGNED IT.

YOUR COUNCIL GETS TO DESIGN THIS, AND WE HAVE DISCUSSED IT IN OPEN FORUM BEFORE.

AND YOU KNOW, 50% WOULD STAY IN THAT AREA TO FUND OUR OBLIGATIONS FOR INFRASTRUCTURE, AS WE WOULD HAVE FOR ANY OTHER PART OF TOWN THAT REQUIRED INFRASTRUCTURE BE PUT IN BEFORE A DEVELOPMENT.

AND THEN 50% WERE PROPOSING WOULD GO INTO THE GENERAL FUND.

SO THE REST OF THE TOWN DOES HAVE SOME BENEFIT FROM THOSE FUTURE TAX DOLLARS WITHOUT WAITING FOR THE 30 YEARS TO BE UP.

IS THAT A CORRECT ASSESSMENT? I THINK THAT'S A CORRECT ASSESSMENT.

AND YOU KNOW, TO ONE OF THE COMMENTS EARLIER TONIGHT, YOU KNOW, THE INFRASTRUCTURE IS NOT THERE IN THAT AREA TO SUPPORT THE PROPOSED GROWTH AND THE ZONING OUT THERE. AS HAS BEEN MENTIONED, WE AS A TOWN ARE RESPONSIBLE FOR INSTALLING THAT INFRASTRUCTURE ON THE BULLETED ITEMS, THE WATER, THE THE WASTE AND THE TRANSPORTATION.

AND EXCUSE ME.

SO THIS IS LIKE I SAID, THIS IS A FUNDING MECHANISM, HOW WE'RE GOING TO PAY FOR OUR SHARE OF IT.

IT'S NOT GOING TO DICTATE THE PACE OF THE DEVELOPMENT.

IT'S NOT GOING TO ENCOURAGE THE DEVELOPMENT TO HAPPEN ANY QUICKER.

IT'S JUST HOW ARE WE GOING TO PAY FOR IT? BECAUSE ONE WAY OR ANOTHER, IF THE DEVELOPER GOES IN AND THEY PAY FOR IT, WE'RE GOING TO HAVE TO REIMBURSE THEM OUT OF THE GENERAL FUND OR OUT OF MONEY THAT WE MAY OR MAY NOT HAVE AT THAT TIME.

WHAT AS I UNDERSTAND THE TIRZ AND THE REIMBURSEMENT TIRZ, THE DEVELOPER GOES IN AND PUTS THAT INFRASTRUCTURE IN, BUT THEY DON'T GET REIMBURSED UNTIL THERE'S THAT REVENUE AND THAT

[01:50:08]

FUND IN THAT FUND BALANCE TO PAY FOR THAT.

SO WE'RE NOT ON THE HOOK TO ISSUE DEBT TO PAY FOR THAT RIGHT AWAY.

SO I THINK THIS GIVES US A LOT OF FLEXIBILITY AS A TOWN.

I THINK IT'S A FINANCIALLY RESPONSIBLE WAY TO DO IT.

I DO UNDERSTAND THE CONCERN ABOUT KEEPING ALL THAT INCREMENT IN THE TIRZ, AND THAT'S WHY, AS MS. MARTIN MENTIONED, IT'S A 50/50, 50% TIRZ.

SO HALF OF THAT INCREMENT GOES BACK INTO THE GENERAL FUND FOR THE BENEFIT OF THE ENTIRE TOWN.

BUT FOR THE INFRASTRUCTURE THAT WE'RE REQUIRED TO BUILD IN THAT AREA, WE CAN HAVE THAT DEDICATED TAX BASE TO DO THAT WITHOUT BURDENING THE BALANCE OF THE TOWN. SO THAT'S MY UNDERSTANDING.

RIGHT. AND TO BRIAN'S POINT, THOUGH, LIKE, AND IT'S NOT AN AUTOMATIC THING.

RIGHT. AND FOR EACH PARTICULAR INSTANCE, THERE WILL STILL BE A SEPARATE TIRZ AGREEMENT WITH EACH ONE OF THOSE ENTITIES AS THE CONSTRUCTION OR DEVELOPMENT STARTS.

SO IT'S NOT LIKE WE'RE JUST GOING TO GO OUT THERE AND START BUILDING A ROAD.

AGREED. AND WE'RE NOT EVEN TALKING ABOUT A TIRZ AGREEMENT TONIGHT THAT'S GOING TO HAPPEN IN THE FUTURE.

OVERREACHING. THOSE WOULD BE SEPARATE, SEPARATE ITEMS THAT WE WOULD HAVE TO COME TO AGREEMENT WITH EACH INDIVIDUAL LANDOWNER OR DEVELOPER.

AND NONE OF THOSE ARE ON THE TABLE AT THIS POINT.

SO WE'VE BEEN TALKING ABOUT THIS FOR QUITE A FEW MONTHS NOW, AND WE'VE HAD A LOT OF MEETINGS.

SO WE ALL KIND OF KNOW WHERE EACH OTHER STANDS ON THIS.

SO I'M NOT GOING TO BOG THIS DOWN BY TRYING TO CHANGE ANYBODY'S MIND.

BUT I WILL SAY, FIRST OF ALL, THAT WE WERE EXTREMELY WELL REPRESENTED BY THIS CONSULTANT.

MARY DID AN OUTSTANDING JOB, JAMES, OUTSTANDING, BRINGING MARY ON BOARD.

IF WE EVER GO DOWN THIS ROAD AGAIN, WE 100% WANT THIS CONSULTANT BACK.

IF THE TERMS OF THIS TIRZ ARE MUCH MORE FAVORABLE THAN TIRZ, EXCUSE ME TIRZ 1.

SO IT'S TO THAT EXTENT THIS IS WE'RE MUCH BETTER OFF ADOPTING TIRZ TWO THAN WE DID WITH TIRZ ONE.

NOW WITH THAT SAID, WHEN WE FIRST MET MARY, WE ALSO HAD THE FORMER CITY MANAGER OF FRISCO.

AND FRISCO IS A CITY THAT HAS FOUR ACTIVE TIRZ DISTRICTS.

THEY ALSO HAVE A VERY DIVERSIFIED TAX BASE WITH LOTS OF HIGHWAY FRONTAGE, LOTS OF COMMERCIAL ACTIVITY, ALL THE THINGS WE DON'T HAVE THAT IF WE EVER GET THEM, SOMEDAY IT'S GOING TO LOWER OUR TAX RATE.

SO HOW HAS THAT WORKED OUT FOR FRISCO? WELL, FRISCO HAS MUCH HIGHER MEDIAN PROPERTY VALUES $100,000 MORE MEDIAN PROPERTY VALUE THAN AN AVERAGE MEDIAN HOME IN FLOWER MOUND 15% HIGHER.

THEIR TAX RATE IS ALSO $0.06 HIGHER THAN OURS, SO THEY HAVE A 15% HIGHER TAX RATE THAN WE DO.

SO 15% HIGHER HOME VALUES, 15% HIGHER TAX RATE REALLY UNDERCUTS THE ARGUMENT, IN MY OPINION, THAT FOSTERING COMMERCIAL DEVELOPMENT WILL TAKE THE BURDEN OFF OUR RESIDENTIAL PROPERTY OWNERS, ESPECIALLY WHEN WE'RE PARTITIONING IT INTO ANOTHER BANK ACCOUNT WHERE IT DOESN'T IMPACT OUR TAX RATE CALCULATION.

THE LAST THREE TIRZ'S THAT FRISCO ADOPTED SINCE 2014, 50% TIRZ LIKE OURS, NO COUNTY PARTICIPATION.

SO THE IDEA THAT THE COUNTY IS A GUARANTEE WE'RE GOING TO GET ALL THIS COUNTY MONEY, THAT'S NOT NECESSARILY A GUARANTEE.

AND SOMETIMES THERE CAN BE STRINGS ATTACHED.

SO THAT'S A CONCERN.

SO WHAT DOES FRISCO GOT? WELL THEY GOT HIGHER TAXES AND RAPID INTENSE URBANIZATION.

SO IS THAT GOOD.

WELL YOU KNOW THE STAR IS PRETTY COOL.

SO IF YOU'RE GETTING THE STAR MAYBE THEY LOOKED AT THAT AND SAID THIS IS A GOOD VALUE.

WE'LL PAY HIGHER TAXES IN EXCHANGE FOR THIS.

BUT THE CONSTITUENTS THAT I'VE HEARD FROM HAVE NOT TOLD ME THAT THEY WANT THAT IN FLOWER MOUND.

SO I JUST DON'T THINK WE'RE IN LINE WITH OUR CONSTITUENTS BY ADOPTING THIS TIRZ.

AND I JUST WANT TO SAY ONE MORE THING.

WE HEARD THAT, YOU KNOW, THIS DOESN'T SET THE PACE OF DEVELOPMENT OR THE INTENSITY OF DEVELOPMENT, BUT ITEM F ON THE ORDINANCE SPECIFICALLY SAYS THE TOWN COUNCIL FINDS THAT THE DEVELOPMENT OR REDEVELOPMENT OF THE PROPERTY IN THE PROPOSED ZONE WILL NOT OCCUR SOLELY THROUGH PRIVATE INVESTMENT IN THE REASONABLY FORESEEABLE FUTURE.

SO IF YOU VOTE FOR THIS, YOU ARE VOTING FOR MORE INTENSE, FASTER DEVELOPMENT.

IT'S RIGHT THERE IN THE ORDINANCE.

SO IF YOU DON'T BELIEVE THAT, THEN YOU PROBABLY SHOULDN'T BE VOTING FOR THIS SO THAT I'M NOT IN FAVOR OF THIS.

BUT AGAIN, MARY, WONDERFUL JOB.

I REALLY APPRECIATE EVERYTHING YOU DID.

THANK YOU. THANK YOU, MR. SCHIESTEL. ANYBODY ELSE? YEAH. I JUST WANT TO SECOND THAT.

YOU'VE DONE AN AMAZING JOB WITH WITH WRITING THIS.

AND I THINK IT'S A GOOD AGREEMENT.

AGAIN, MY CONCERNS ARE THE POTENTIAL TO HAVE ADDITIONAL FUNDS IN THE AGREEMENT AT THE END, WHICH SOME OF THE SAVINGS WOULD BE EATEN UP BY THAT, AND WE'D BE FORCED TO REINVEST THAT WITHIN THE AREA.

I'M MUCH MORE OF A FAN OF DOING THE TRADITIONAL METHOD OF USING BONDS AND BRINGING THE DEVELOPMENT FUNDS INTO OUR GENERAL FUND OVER A LONGER PERIOD OF TIME. SO BUT THANK YOU.

ANYBODY ELSE? ANYONE ELSE? I'LL ENTERTAIN A MOTION.

I WILL MOVE TO APPROVE ITEM K 1 AS PRESENTED.

[01:55:02]

I'LL SECOND.

ANY DELIBERATION ON THAT MOTION.

THERESA WE HAVE A MOTION AND A SECOND.

COUNCIL MEMBER SCHIESTEL.

NAY. DEPUTY MAYOR PRO TEM MARTIN.

AYE. COUNCIL MEMBER DREW.

NAY. COUNCIL MEMBER TAYLOR.

AYE. ITEM K 1 TIRZ 2 CREATION PASSES BY A VOTE OF 3 TO 2.

MOVING ON TO ITEM NUMBER TWO CSP23-0002 - CHIPPENHOOK ADDITION, LOT ONE, BLOCK A PREMIER EDITION.

[K.2. CSP23-0002 - Chippenhook Addition Lot 1, Block A and Premier Addition - Public Hearing to consider a request for a Comprehensive Sign Package (CSP23-0002 – Chippenhook Addition Lot 1, Block A and Premier Addition) to allow additional wall signs on three buildings. The property is generally located south of Justin Road and east of Long Prairie Road. (PZ recommended approval by a vote of 6 to 0 at its October 23, 2023, meeting.)]

LEADING US OFF THIS EVENING.

THERE SHE IS, WILL BE MISS LEXIN MURPHY.

IN CASE YOU FORGOT, SHE IS THE DIRECTOR OF OUR DEVELOPMENT SERVICES.

GOOD EVENING, MA'AM. GOOD EVENING, MAYOR AND COUNCIL.

THANK YOU MAYOR. AS MENTIONED, THIS IS A PROPOSED COMPREHENSIVE SIGN PACKAGE FOR CONSIDERATION BY COUNCIL.

HERE IS THE GENERAL LOCATION OF THE PROPERTIES THAT ARE REQUESTING THE SIGN PACKAGE.

HERE'S A MORE DETAILED LOCATION.

YOU CAN SEE THAT IT'S ON THE SOUTH SIDE OF JUSTIN ROAD.

THE LAND USE OF THIS PROPERTY IS COMMERCIAL INDUSTRIAL AND THE ZONING IS INDUSTRIAL ONE USES.

HERE'S A SIGN EXHIBIT TO SHOW YOU WHAT'S BEING PROPOSED.

SO THE RED SIGNS ARE PERMITTED OR ALREADY APPROVED SIGNS THAT ARE ALLOWED BY THE TOWN'S ORDINANCE, AND THE BLUE SIGNS OR THE ONES THAT ARE REQUESTED THAT WOULDN'T BE ALLOWED PER OUR STANDARD REGULATIONS.

SO THE PURPOSE OF A COMPREHENSIVE SIGN PACKAGE, JUST AS A REMINDER, IS TO ALLOW FOR A SPECIALIZED REVIEW OF SIGNS WHICH MAY HAVE MERITORIOUS DESIGN, SEEK TO PROMOTE A UNIQUE QUALITY FOR AN EXISTING OR PROPOSED DEVELOPMENT, AND AS SIGNS THAT REQUIRE SPECIAL CONSIDERATION BECAUSE THEY WOULDN'T BE ALLOWED BY THE TOWN'S BASE SIGN REGULATIONS.

SO HERE ARE SOME IMAGES FROM THE SITE.

THIS IS FROM EGAP.

EVERYBODY'S GOT A PROJECT AND SO YOU CAN SEE AGAIN, THIS IS THE SIGN THAT'S ON THE FRONT OF THE BUILDING THAT IS APPROVED.

THIS IS THE SIGN ON THE SIDE THAT THEY ARE PROPOSING.

WHAT YOU SEE, THERE WAS A TEMPORARY SIGN DURING THE GRAND OPENING TIME.

BUT THE REASON FOR THAT, I THINK THE PRIMARY REASON THAT THE APPLICANT HAS ASKED FOR THESE ADDITIONAL SIGNS IS BECAUSE THE TOWN'S REGULATION DOESN'T ALLOW ON BOTH SIDES OF A CORNER BUILDING, WHICH I KNOW IS SOMETHING THAT COUNCIL HAS BROUGHT UP BEFORE THAT WE'RE GOING TO DISCUSS AT A FUTURE WORK SESSION.

AND IN THIS CASE, THEIR ENTRANCE IS ACTUALLY ON THE SIDE AS OPPOSED TO THE FRONT OF THE BUILDING.

SO THEY DON'T WANT TO MISS OUT ON GETTING THAT SIGNAGE FRONTING ALONG JUSTIN ROAD.

BUT THEY DO WANT TO CLEARLY IDENTIFY THEIR ENTRANCE WHERE THEIR ENTRANCE IS ACTUALLY LOCATED, TO ANY VISITORS TO THEIR ESTABLISHMENTS.

SO JUST TO GIVE YOU THAT LITTLE BIT OF BACKGROUND.

IT'S ANOTHER SIGN EXHIBIT.

AND SO AGAIN, IT'S JUST SHOWING YOU THE SIZING.

SO YOU HAVE AN OVERALL IDEA THE 40FT² FOR THE SIGNS.

SO AGAIN ALL OF THE SIGNS THAT ARE PROPOSED EVEN ADDING TOGETHER THE VARIOUS SIGNS THAT ARE PROPOSED WOULD BE UNDER THE TOTAL SQUARE FOOTAGE THAT WOULD HAVE BEEN ALLOWED ON ONE SIDE OF THE BUILDING.

HERE'S THE SITE.

AND SO AGAIN, HERE ARE THE SIGNS THAT ARE ON THE FRONT OF THE BUILDING.

AND THEN HERE IS THE SIDE OF THE BUILDING WHERE THEY WANTED TO HAVE AGAIN A SIGN IDENTIFYING THEIR ENTRANCE.

THEN HERE IS IT'S JUST GIVING THE DIMENSIONS THERE.

AND HERE IS ANOTHER VIEW OF THE CLASSIC SITE.

AND SO AGAIN THIS IS SHOWING THE TWO SIGNS THERE ON THE FRONT OF THE BUILDING.

AND THEN THIS IS WHAT THEY WOULD LIKE TO HAVE ON THE SIDE.

THIS IS ONE THAT WAS ALREADY INSTALLED.

AND THEN THIS IS WHAT'S PROPOSED.

SO PROVIDING ALL THOSE DIMENSIONS AGAIN 45FT² TOTAL, 82 SQUARE.

THIS IS 82FT IN LENGTH, BUT.

SO THAT'S THE END OF MY PRESENTATION.

JUST KIND OF TRYING TO GIVE YOU THE GENERAL IDEA FOR THE REASONING THAT THEY'VE REQUESTED THE SIGNAGE.

IT IS STILL UNDERNEATH THE OVERALL SQUARE FOOTAGE OF WHAT THE TOWN WOULD NORMALLY ALLOW ON ANY ONE SIDE OF THE BUILDING.

THE APPLICANT ALSO HAS A PRESENTATION IF YOU'D LIKE TO HEAR FROM THEM, BUT I'M ALSO AVAILABLE TO ANSWER ANY QUESTIONS.

GREAT. THANK YOU. LEXIN STAFF OR COUNCIL? DO YOU HAVE ANY QUESTIONS FOR STAFF OR WOULD YOU LIKE TO HEAR THE PRESENTATION FROM THE APPLICANT FIRST? LEXIN I APOLOGIZE IF I MISSED THIS, BUT WHAT'S THE ZONING DISTRICT IN THIS LOCATION? IT'S I1. I1.

THANK YOU.

MISS PAGE IF YOU WANT TO DO YOUR PRESENTATION.

THANK YOU. GOOD EVENING.

[02:00:02]

I'M MELINDA PAGE.

THE ADDRESS WE'RE TALKING ABOUT IS 3105 JUSTIN ROAD IN FLOWER MOUND.

AND 3150, ALL PART OF ONE COMPLEX.

SO WE'LL JUST GO TO IT.

OUR ENTRANCE IS RIGHT HERE, AND THE DRIVEWAY ENTERING THE PARKING LOT IS RIGHT HERE.

SO YOU'D BE PAST THE DRIVEWAY BEFORE YOU SAW THE SIGN ON 407.

THIS IS ANOTHER VIEW SO YOU CAN SEE IT.

THERE IS A SHORTLY DOWN THE ROAD.

THERE IS ANOTHER BUILDING LIKE THIS WHO HAS OBTAINED A SIMILAR SIGNAGE FOR THE SIDE OF THEIR BUILDING.

BECAUSE WE'RE ALL ON THIS CURVE ON THIS, THIS IS WHERE THEIR BUILDING IS.

SO THAT SIDE SIGN FOR CANINE COURTYARD AND THEN THIS IS THEIR FACING SIGN IF YOU COME ALONG 407 IT KIND OF CURVES HERE.

SO YOU DON'T.

THIS IS WHERE OUR FIRST SIGN WOULD BE.

SO YOU WOULDN'T SEE IT UNTIL YOU WERE WELL PAST THIS LITTLE TURN IN. JUST ANOTHER VIEW OF OUR . LET'S SEE. RIGHT. SO THIS IS ON JUSTIN ROAD.

THE TURN IN IS RIGHT JUST BEFORE THE BUILDING.

AND IT'S ACTUALLY A KIND OF A TOUGH TURN IN.

SO. LET'S SEE NOW FOR EVA.

THEIR BUILDING IS THIS ONE IN THE MIDDLE.

THEIR FRONT FACING SIGNS ARE HERE, WHICH YOU CAN SEE FROM JUSTIN ROAD AND FROM THE PARKING LOT AFTER YOU GET ABOUT TO THE DRIVEWAY, BUT THEIR ENTRANCE IS RIGHT HERE.

SO WHEN YOU PARK IN THE DRIVEWAY, YOU DON'T EVEN REALLY KNOW WHERE THEIR ENTRANCE IS IF YOU DON'T HAVE A SIGN.

THIS IS A LITTLE BIT OF THIS IS LOOKING OUT THEIR ENTRANCE ACROSS THE WAY.

AND THIS IS LOOKING TOWARDS THEIR ENTRANCE FROM UP THE END OF THE PARKING LOT.

AGAIN. THAT'S THEIR ENTRANCE WAY OVER HERE.

AND USUALLY PEOPLE PARK HERE AND THEY GET A LITTLE CONFUSED AND THEY TRY TO GO UP TO THESE STAIRS AND, YOU KNOW, SO THERE'S A LITTLE TINY ARROW UP HERE TO HELP THEM SEE AROUND THE CORNER.

CLASSIC IS ON THE THIS SOMEBODY DID A PANORAMIC SO IT DOESN'T REALLY LOOK LIKE THAT.

THIS IS THE FRONT FACING 407 WHERE THEY HAVE THEIR EXISTING SIGNS.

AND THEN WHERE THEY'RE TRYING TO PUT THE OTHER SIGN IS ON THE SIDE.

THIS IS REALLY THE SIDE.

IT'S JUST A LITTLE DISTORTED SO THAT THIS IS WHERE THEY'RE TRYING TO PUT THE SIDE ONE FOR THE SAME REASON, BECAUSE YOU'RE COMING DOWN THE CURVE AND YOU CAN'T SEE THE OTHER SIGNS.

SO WE AS THREE BUSINESSES WOULD VERY MUCH APPRECIATE OUR CUSTOMERS COULD FIND US.

DID ANYBODY HAVE ANY QUESTIONS? COUNCIL DO YOU HAVE ANY QUESTIONS FOR MISS PAGE? MRS. PAGE, CAN YOU TELL ME ABOUT YOUR BUSINESS AND WHAT YOU GUYS DO? OUR BUSINESS IS CALLED EVERYBODY'S GOT A PROJECT, AND WE SELL TILE, FLOORING, COUNTERTOPS, CABINETS AND ALL OF THAT.

WE JUST OPENED SEPTEMBER 9TH, SO WE'RE KIND OF NEW TO THE TOWN, BUT I'M ALSO A RESIDENT.

OH, GOOD. THANK YOU. IS THE FOCUS DIY? NO, WE NOT JUST DIY.

WE'LL HELP DIYERS AND WE KNOW A LOT ABOUT, YOU KNOW, HOW TO DO THINGS SO WE CAN STEER YOU IN THE RIGHT DIRECTION IF YOU'RE SO INCLINED.

BUT WE ALSO WORK WITH DESIGNERS, CONTRACTORS AND INDIVIDUAL HOMEOWNERS WHO'VE HIRED THEIR OWN, YOU KNOW, CONSTRUCTION FOLKS.

THANKS. ALL RIGHT. GREAT JOB.

COUNCIL DO YOU HAVE ANY MORE QUESTIONS FOR STAFF OR ANYBODY ELSE? I JUST HAVE A COMMENT.

BUT I MEAN, I THINK THIS KIND OF FALLS IN LINE OF WHAT I WAS TALKING ABOUT WITH THE SIGN ORDINANCES OF TRYING TO GET CORNER TENANTS MORE ACCESSIBILITY TO ADD SIGNS ON EITHER IN FRONT OF THEIR ENTRANCE AND WITH THE FRONTAGE SO IT GIVES THEM MORE EXPOSURE.

BUT I THINK THIS IS A SLAM DUNK AND PRETTY EASY APPROVAL.

MR. DREW. I JUST HAVE TO HAVE THE PUBLIC HEARING FIRST, THOUGH.

[02:05:01]

NO WORRIES.

ALL RIGHT. SO THE TIME IS 8:05.

AND I'M OPENING THE PUBLIC HEARING FOR CSP 23-0002 THERESA.

DO WE HAVE ANY GREEN COMMENT CARDS? I DO NOT. IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK DURING THE PUBLIC HEARING? PLEASE STAND UP OR RAISE YOUR HAND.

THE TIME IS 8:05 AND THE PUBLIC HEARING IS CLOSED.

MR. DREW, YOU WERE SAYING? I'M JUST KIDDING. NOTHING FURTHER.

[LAUGHTER] COUNCIL HAVE ANY OTHER QUESTIONS OR DISCUSSION? I JUST HAD ONE COMMENT.

WHAT STRUCK ME WHEN I SAW THIS WAS THAT THIS IS INDUSTRIAL ZONING AND HOW INDUSTRIAL CAN BE A HOME FOR SO MANY INTERESTING BUSINESSES THAT DON'T REALLY CAN'T FIT SOMEWHERE ELSE, BUT CAN BRING SO MUCH VALUE TO OUR COMMUNITY.

IT DOESN'T JUST HAVE TO BE LOGISTICS WAREHOUSES AND TRUCKS, BUT INDUSTRIAL ZONING IS REALLY IMPORTANT WHEN IT'S USED IN A WAY THAT REALLY ENRICHES THE COMMUNITY.

SO I LOVE THIS, AND I WOULD LIKE TO DO ANYTHING WE CAN TO SUPPORT THESE GUYS FOR SURE.

SO A LONG TIME AGO, WHEN I WAS ON BOARD OF ADJUSTMENTS, WE HEARD A CASE WHERE THERE WAS A DAYCARE THAT'S LOCATED BEHIND THE O'REILLY'S ON JUSTIN ROAD, AND WHEN THEY BUILT THE BUILDING, THEY PUT THE SIGN, THE BIG SIGN FOR THE BUILDING.

SO IT FACED JUSTIN ROAD SO PEOPLE WOULD SEE THEM BEHIND O'REILLY'S A LITTLE BIT.

THE PROBLEM IS, IS PEOPLE DIDN'T KNOW WHERE THE ENTRANCE WAS FROM THAT POINT.

AND SO THEY CAME TO US FOR A SECOND SIGN ABOVE THE ENTRANCE.

AND YOU'VE GOT THE EXACT SAME SITUATION IN REALITY.

SO I DON'T HAVE A PROBLEM WITH THIS AT ALL.

HONESTLY, ON A BUSY SATURDAY, IT'S GOING TO BE, YOU KNOW, WITH EVA'S PARKING LOT FULL, IT'S REALLY HARD TO SEE EVEN THE TEMPORARY SIGNS THAT THEY HAD DURING THE GRAND OPENING AS WELL. SO I THINK ANYTHING WE CAN ENCOURAGE WITHIN OUR, YOU KNOW, CODE, OF COURSE, I DON'T THINK WE'RE PROPOSING A BIG POLE SIGN.

I'M READY. ALL RIGHT.

WITH THAT, I'LL ENTERTAIN A MOTION.

I MOVE TO APPROVE ITEM K 2 AS WRITTEN.

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

PLEASE CALL THE ROLL. COUNCILMEMBER TAYLOR.

AYE. COUNCILMEMBER DREW.

AYE. AND COUNCIL MEMBER SCHIESTEL.

AYE. ITEM NUMBER TWO CSP 23 0002.

PASSES BY UNANIMOUS VOTE.

ADAM, WE ARE GOING TO CALL AN AUDIBLE AND TAKE A RECESS HERE SO WE CAN TAKE A QUICK BREAK.

SO THE TIME IS NOW 8:08 AND THE COUNCIL IS IN RECESS FOR TEN MINUTES.

SORRY. ALL RIGHT.

THE TIME IS NOW 8:17 AND COUNCIL IS BACK IN SESSION.

WE'LL BE MOVING ON TO ITEM NUMBER THREE.

[K.3. ZPD23-0003 - Bryn Mar Estates Accessory Building Amendment - Public Hearing to consider an ordinance for rezoning (ZPD23-0003 – Bryn Mar Estates Accessory Building Amendment) to amend Planned Development No. 62 (PD62) with Single-Family District-15 uses to modify development standards to increase the allowed size of accessory buildings. The property is generally located south of Flower Mound Road and west of Red Oak Lane. (PZ recommended approval by a vote of 6 to 0 at its October 23, 2023, meeting.)]

ZPD23-0003 - BRYN MAR ESTATES ACCESSORY BUILDING AMENDMENT.

LEADING US OFF AGAIN IS LEXIN.

THANK YOU, MAYOR. HERE IS THE GENERAL LOCATION OF THIS PROPERTY.

YOU CAN SEE IT IS THE ENTIRE BRYN MAR SUBDIVISION.

HERE'S A MORE DETAILED VIEW.

SO THIS IS SOUTH OF FLOWER MOUND ROAD.

IT'S NORTH HERE OF ABERDEEN.

AND SO THIS IS A PD AMENDMENT REQUEST FOR THIS EXISTING SUBDIVISION.

THE APPLICANT DID OBTAIN SIGNATURES FROM ALL THE PROPERTY OWNERS WITHIN THE SUBDIVISION PER THE TOWN'S REQUIREMENTS.

SO IT'S SOMETHING THE ENTIRE SUBDIVISION AGREED TO THE REQUEST AND SAID THAT THEY SUPPORTED IT.

THE LAND USE FOR THIS PROPERTY IS LOW DENSITY AND THE ZONING IS PD 62 WITH SF 15 USES.

SO AGAIN IT IS AN EXISTING PLAN DEVELOPMENT.

BUT THE PREVIOUS PLAN DEVELOPMENT LANGUAGE JUST BASICALLY REFERENCED OUR CURRENT CODE STANDARDS FOR ACCESSORY BUILDINGS.

SO THIS IS THE STANDARD THAT APPLIED IN THE NEIGHBORHOOD.

THE COMBINED FLOOR AREA OF ALL ACCESSORY BUILDINGS SHALL NOT EXCEED 750FT², OR 25% OF THE FLOOR AREA OF THE PRIMARY STRUCTURE, WHICHEVER IS LESS SO.

THAT IS THE STANDARD THAT THE NEIGHBORHOOD IS CURRENTLY HELD TO, AND SO WHAT IS BEING PROPOSED IS NO MORE THAN TWO ACCESSORY BUILDINGS MAY BE PLACED ON A RESIDENTIAL LOT, AND THE COMBINED FLOOR AREA OF ALL ACCESSORY BUILDINGS SHALL NOT EXCEED 1200 SQUARE FEET.

IT DOES STILL SAY SUBJECT TO SECTION 98-1032.

SO ANY OTHER REGULATIONS THAT APPLY TO ACCESSORY BUILDINGS, THAT'S THAT SECTION.

THOSE WOULD STILL APPLY.

SO THERE WAS A QUESTION AT P&Z MEETING.

SO JUST TO CLARIFY FOR YOU, I WOULD STILL HAVE TO MEET THE MAXIMUM HEIGHT OF 14FT.

AND AGAIN, JUST TO CLARIFY, SINCE AGAIN, IT WAS A QUESTION THAT CAME UP AT P&Z.

THIS IS FOR ACCESSORY BUILDINGS ONLY.

[02:10:01]

THAT'S DIFFERENT FROM ACCESSORY DWELLING UNITS.

AND SO ACCESSORY DWELLING UNITS WOULDN'T EVER BE ALLOWED BASED ON THE SIZE OF THESE LOTS AND THE ZONING.

IT'S NOT SOMETHING THAT THE TOWN'S ORDINANCE WOULD PERMIT.

AND EVEN IF SOMEONE WANTED TO REQUEST IT, IT WOULD NEED AN SUP.

AND SO ANYWAY, NONE OF THAT IS ON THE TABLE PER THIS DISCUSSION.

SO THIS IS JUST A PICTURE OF THE ENTRANCE TO THE SUBDIVISION AGAIN, BRYN MAR.

THAT'S THE EXTENT OF MY PRESENTATION.

I'D BE HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU. LEXIN. COUNCIL DO YOU HAVE ANY QUESTIONS FOR LEXIN? LEXIN OUR CODE DEFINES ACCESSORY BUILDING ATTACHED AND ACCESSORY BUILDING DETACHED.

DOES THIS APPLY TO BOTH? SO THIS COULD BE A CARPORT OR A DETACHED GARAGE, FOR EXAMPLE.

YES, THE ACCESSORY BUILDING WAS ATTACHED AND BECAME PART OF THE PRIMARY DWELLING, THEN IT WOULD JUST BE CONSIDERED THE PRIMARY DWELLING. YOU KNOW, WE DON'T HAVE ANY LIMITATION ON PEOPLE ADDING ON TO THEIR HOMES.

WE DID ADOPT SOME LANGUAGE SO THAT PEOPLE CAN'T JUST KIND OF ADD A LITTLE COVERED WALKWAY AND SAY, OKAY, THAT'S AN EXTENSION OF MY HOME.

SO IT HAS TO BE FULLY INCORPORATED.

SO ANYTHING THAT'S NOT FULLY INCORPORATED TO THE PRIMARY STRUCTURE WOULD KIND OF FALL INTO THIS CATEGORY.

GREAT. THANK YOU. I'D LIKE TO HEAR A LITTLE BIT MORE ABOUT THE CARPORT SITUATION BECAUSE THOSE ARE GENERALLY NOT ALLOWED.

CORRECT. SO HOW DOES THAT HOW COULD THIS BE MANIPULATED TO THEN HAVE SOMEONE BE ABLE TO BUILD A CARPORT? I DON'T THINK IT'S THAT CARPORTS AREN'T ALLOWED.

IT'S THAT THE TOWN REQUIRES TWO GARAGE PARKING SPACES SO PEOPLE DON'T TYPICALLY HAVE A CARPORT ALSO.

AND YOU COULDN'T HAVE THAT IN FRONT OF YOUR EXISTING GARAGE.

SO I MEAN, IF SOMEONE HAD A LARGE LOT AND THEY WANTED TO BUILD A CARPORT TO THE REAR OF THEIR HOME THAT MET THE TOWN'S REQUIREMENTS, THAT'S POTENTIALLY SOMETHING THEY COULD DO.

BUT THIS WOULD EXPAND THE AREA UNDER WHICH THAT COULD BE DONE SUBSTANTIALLY.

IS SO THIS IS UNUSUAL FOR FLOWER MOUND.

IT'S UNUSUAL FOR LOTS OF THIS SIZE.

IN AGRICULTURAL ZONING THERE'S NO RESTRICTION ON THE NUMBER OR SIZE OF ACCESSORY BUILDINGS THAT YOU CAN HAVE.

AND IN ESTATE ZONING, YOU CAN HAVE UP TO 1500 SQUARE FEET.

SO THIS WOULD THIS IS LARGER THAN WE TYPICALLY SEE FOR LOTS THAT ARE SMALLER THAN AN ACRE.

AND DO WE KNOW WHY WE HAD THAT RESTRICTION OF 750FT² DESIGNATED BEFORE, AND WHAT THE BENEFITS WERE, OR THE DRAWBACKS OF A LARGER STRUCTURE? I DON'T KNOW THE HISTORY EXACTLY FOR HOW THAT SPECIFIC NUMBER WAS SELECTED IN THE PAST.

AND IN GENERAL, I THINK THERE IS A DESIRE TO ENSURE THAT YOU DON'T HAVE AN ACCESSORY BUILDING THAT DWARFS THE SIZE OF YOUR HOUSE.

YOU KNOW, YOU WANT IT TO BE CLEAR IT IS AN ACCESSORY BUILDING AND THAT YOU HAVE A PRIMARY STRUCTURE.

AND SO.

YOU KNOW, HOUSES WERE NOT ALWAYS AS LARGE AS THE HOUSES WE TEND TO SEE BUILT TODAY.

AND SO IT WAS POTENTIALLY MORE OF A CONCERN IN THE PAST THAT YOU MIGHT YOU PROBABLY COULD HAVE A HOUSE THAT'S NOT THAT MUCH BIGGER THAN, YOU KNOW, 1600 SQUARE FEET OR SOMETHING.

AND YOU DIDN'T WANT THE ACCESSORY BUILDING TO BE THE SAME SIZE AS THE HOUSE.

RIGHT. SO HOW DID WE ARRIVE AT THE 1200 SQUARE FEET SPECIFICALLY VERSUS 750, WHICH IS THAT THAT'S QUITE A SIGNIFICANT INCREASE.

THAT IS THE REQUEST THAT THE APPLICANT MADE.

IT WAS NOT A SUGGESTION BY STAFF.

IT WAS THE APPLICANT'S REQUEST FOR HOW THE ZONING BE AMENDED FOR THEIR SUBDIVISION.

IS THE APPLICANT COMING FORWARD WITH A PRESENTATION? DOESN'T HAVE A PRESENTATION, BUT HE IS HERE TO ANSWER QUESTIONS.

OKAY. MAYBE HE CAN ANSWER THOSE QUESTIONS.

THANK YOU.

COUNCIL DO YOU HAVE ANY MORE QUESTIONS FOR STAFF? MR. BALDASARO, IT SOUNDS LIKE COUNCIL HAS A QUESTION FOR YOU.

GOOD EVENING, SIR.

GOOD EVENING. IT'S PATRICK BALDASARO, 2117 DANA COURT, FLOWER MOUND.

MS. MARTIN.

SO MY QUESTION WAS HOW DID WE ARRIVE? LIKE, WHAT IS THE GENESIS OF THE REQUEST AND HOW DID WE ARRIVE AT THE 1200 SQUARE FEET SPECIFICALLY? I HAD DIFFERENT CONVERSATIONS WITH DIFFERENT PEOPLE ON STAFF AND ALSO AS COUNCIL.

WE LOOKED AT IT, YOU KNOW, IN TOTALITY OF WHAT FLOWER MOUND HAD IN PLACE, WHICH IS THE 750FT², BUT THAT WAS APPLICABLE TO BASICALLY EVERY ZONING DISTRICT UP TO A STATE LOT.

SO THE THOUGHT WAS THIS WAS SINCE OURS ARE MINIMUM 15,000FT², WHICH ARE SIGNIFICANTLY LARGER THAN, LET'S SAY, A 7000 SQUARE FOOT LOT. WELL, IT WOULD BE, YOU KNOW, KIND OF STAGING IT UP, YOU KNOW, IN BETWEEN A 7000 SQUARE FOOT LOT AND AN ESTATE LODGE, WHICH I BELIEVE WAS 15,

[02:15:09]

1500. SO IT WAS KIND OF JUST A SPLIT IN THE MIDDLE.

SO PETITIONING THE WHOLE NEIGHBORHOOD TOOK A LOT OF EFFORT.

YES? I'M SORRY.

PETITIONING THE WHOLE NEIGHBORHOOD.

GET THEM TO AGREE. TOOK A LOT OF EFFORT.

YES. SO WHAT WAS YOUR IMPETUS FOR DOING THAT? INITIALLY, I BUILT A STRUCTURE THAT WAS ATTACHED TO A DETACHED GARAGE AND THERE WAS A MISUNDERSTANDING.

AND I TAKE FULL RESPONSIBILITY.

IT WAS MY MISUNDERSTANDING OF WHAT NEEDED TO BE PERMITTED AND WHAT NOT BE PERMITTED.

AND I WENT THROUGH DIFFERENT DISCUSSIONS, AND I ALSO SPOKE TO MY NEIGHBORS, AND THEY WERE ALL IN AGREEMENT AND ACTUALLY VERY, VERY POSITIVE THAT, WELL, I DON'T THINK YOU SHOULD JUST TEAR IT DOWN.

I THINK THERE'S SOME OTHER AVENUES THAT COULD BE BE ADDRESSED.

SO I DID SPEAK TO DIFFERENT PEOPLE, COUNCIL PEOPLE ON STAFF, AND THIS SEEMED TO BE THE DIRECTION THAT THEY LED ME.

SO I JUST FOLLOWED THE CRITERIA THEY LAID OUT IN FRONT OF ME.

SO I JUST FOLLOWED. HOW LONG DID IT TAKE? JUST CURIOUS.

YOU CAN BE HONEST.

I MEAN, NOT TO BUILD IT TO GET THE SIGNATURES.

YES. THE WHOLE PROCESS.

AFTER YOU FOUND OUT THAT IT WAS BUILT IN ERROR DUE TO NOT GETTING A PERMIT.

IT WAS PROBABLY ABOUT A YEAR AND A HALF.

OH MY GOODNESS, THAT'S A REALLY LONG TIME.

BUT THE SIGNATURES ONCE I MET WITH STAFF AND YOU KNOW, THEY KIND OF LAID OUT THIS IS WHAT YOU HAVE TO DO.

YOU HAVE TO HAVE HOA APPROVAL.

YOU HAVE TO HAVE, YOU KNOW, EVERYBODY IN THE NEIGHBORHOOD, LITERALLY EVERYBODY THAT PROBABLY ABOUT 75% OF IT CAME PRETTY QUICKLY.

IT WAS GETTING THE LAST 25 PEOPLE, 25% TO ANSWER DOORS.

I MEAN, WE'RE LIVING IN A RING ENVIRONMENT, YOU KNOW.

SO THEY WERE LIKE, YOU KNOW, I STARTED GOING, WELL, I'M NOT SELLING YOU WINDOWS.

YOU KNOW, I'M NOT SELLING ROOFS OR, YOU KNOW, I'M YOUR NEIGHBOR.

SO ONCE I GOT THOSE PEOPLE ENGAGED, ABSOLUTELY NOBODY HAD ANY.

I DIDN'T HAVE ANY PUSHBACK.

SO IN HINDSIGHT, DO YOU THINK IT WOULD HAVE BEEN EASIER TO GO THROUGH THE PERMITTING PROCESS THEN TO HAVE WAITED? ABSOLUTELY. OKAY.

SO SHOULD THIS EVER BE AN ISSUE AGAIN? PERMIT WILL BE YOUR FIRST STOP.

YES. OKAY.

I MEAN JUST AND YOU WOULD ENCOURAGE ALL YOUR FRIENDS AND NEIGHBORS TO GO THROUGH THAT FIRST, RIGHT? YES. AND YOU KNOW, AND I, YOU KNOW, JUST FOR YOUR KNOWLEDGE, I WOULD LIKE TO, YOU KNOW, DO SOME OTHER THINGS WITH THE CEILING FAN AND EVERYTHING LIKE THAT.

BUT I CAME TO A COMPLETE STOP.

I DID NOT MOVE. I DIDN'T ADD ANYTHING TO IT.

I DIDN'T BECAUSE THERE ARE ELEMENTS OF WHAT IT SOUNDS LIKE THAT WILL SOUNDS LIKE THEY WOULD NEED A PERMIT.

YEAH. AND YEAH.

POSSIBLY. YES. SO THAT'S WHY I SAID AS I JUST CAME TO A SCREECHING HALT.

BUT YOU KNOW, ENCOURAGEMENT OF, YOU KNOW, DIFFERENT PEOPLE AND ENCOURAGEMENT OF MY NEIGHBORS.

YOU KNOW, EVERYBODY IN THE NEIGHBORHOOD WAS ON BOARD.

SO I JUST, YOU KNOW, FELT OVERWHELMING SUPPORT.

SO THAT'S THE ROUTE I TOOK.

THAT'S A LOT OF WORK.

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

YOU KNOW, I'M JUST LOOKING AT THIS DEVELOPMENT, IT'S ALL SF15.

SO THERE'S QUITE A BIT OF LAND FOR EACH, EACH HOME.

AND THEY'RE ALL DOUBLE STORY'S AND THEY SEEM TO TAKE UP A GOOD AMOUNT OF THE LOT.

IT JUST DOESN'T SEEM LIKE THE CONCERN OF HAVING A LARGER AUXILIARY BUILDING IS GOING TO DWARF THE PRIMARY IS KIND OF WHAT I'M SEEING HERE.

THEY'RE ALL PRETTY BIG, AND JUST ADDING A 1250 SQUARE FOOT BUILDING ISN'T GOING TO REALLY IMPACT THAT THAT INTENT TO ME.

I DID ACTUALLY HAVE ONE MORE QUESTION FOR LEXIN IF THIS SHOULD GO THROUGH.

THIS IS STRICTLY FOR THE BRYN MAR DEVELOPMENT, AND ANY OTHER NEIGHBORHOOD THAT WOULD WANT TO DEVIATE FROM THIS WOULD HAVE TO GO THROUGH THE SAME PROCESS.

THAT'S CORRECT. OKAY. THANK YOU.

MR. BALDASARO.

YOU HAVE AN HOA. THE HOA SUPPORTED YOUR PROPOSAL, CORRECT? YES. SO IF SOMEBODY WANTED TO BUILD A CARPORT UNDER THE NEW, LARGER STANDARD, THEY WOULD STILL HAVE TO GO THROUGH THE HOA AND GET APPROVAL.

YES. THEY WOULD STILL HAVE TO GO THROUGH ALL THE HOA CRITERIA.

FROM WHAT I'M UNDERSTANDING FROM THE ARCHITECTURAL COMMITTEE, THEY'RE NOT GOING TO ALLOW ANY CARPORTS.

THANK YOU.

COUNCIL, DO YOU HAVE ANY MORE QUESTIONS? ALL RIGHT. THE TIME IS 8:28 AND I AM OPENING THE PUBLIC HEARING FOR ITEM 3ZPD23-0003 . THERESA DO WE HAVE ANY GREEN COMMENT CARDS? DO NOT. IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK DURING THE PUBLIC HEARING? PLEASE STAND UP OR RAISE YOUR HAND.

THE TIME IS 8:28 AND THE PUBLIC HEARING IS CLOSED.

COUNCIL FOR DISCUSSION.

I HAVE SOME QUESTIONS FOR LEXIN, PLEASE.

SO LEXIN.

THE IMPETUS FOR THIS PARTICULAR ITEM THAT WE'RE HEARING WAS, I BELIEVE I WANT YOU TO CONFIRM THIS.

[02:20:06]

THERE WAS AN APPLICATION FOR A BOARD OF ADJUSTMENTS THAT WAS HEARD BACK IN JANUARY OF 21.

BECAUSE THE RESIDENT BUILT A STRUCTURE, DID NOT RECEIVE BUILDING PERMITS WHATSOEVER.

AND HE I BELIEVE FROM MY MEMORY OF THAT PARTICULAR MEETING, HE WAS TURNED IN BY ANOTHER RESIDENT.

DON'T KNOW WHETHER IT WAS HIS NEIGHBORHOOD OR WHETHER IT WAS THE ONE THAT HE BACKS UP TO ONE OR THE TWO.

AND HE WAS TURNED DOWN BASED UPON NOT MEETING THE STATE'S BOARD OF ADJUSTMENT REQUIREMENTS.

IS THAT CORRECT? YES.

I DO NOT KNOW THE EXACT DATE THAT THE CASE WENT TO THE BOARD OF ADJUSTMENT.

BUT BUT YES, THE REST OF THAT INFORMATION IS DEFINITELY ACCURATE.

OKAY. AND SO AFTER THAT BOARD OF ADJUSTMENT MEETING WHEN HE WAS DENIED SINCE THEN, WHICH HAS BEEN NEARLY THREE YEARS AT THIS POINT, CONSIDERING IT WAS JANUARY 21ST, HE'S BEEN OUT OF COMPLIANCE BECAUSE HE DID NOT ALTER THE STRUCTURE, EVEN THOUGH HE WAS TOLD THAT HE DID NOT HAVE A, HE WAS NOT IN COMPLIANCE AND HE'S BEEN OUT OF COMPLIANCE NOW FOR ALMOST THREE YEARS.

IS THAT CORRECT? THAT IS CORRECT.

THOUGH I WILL SAY THAT STAFF HAS DIFFERENT PEOPLE FROM DIFFERENT STAFF FROM DIFFERENT AREAS HAVE CONTINUED TO SPEAK TO MR. BALDASARO ABOUT HIS OPTIONS.

AND SO WHILE YOU ARE PURSUING AN OPTION, THE TOWN TYPICALLY WOULD HOLD OFF ON ENFORCEMENT ACTION TO GIVE YOU A CHANCE TO TRY TO SEE IT THROUGH FOR THREE YEARS.

THE GOVERNMENT. OKAY.

AND SO AS YOU STATED BEFORE, FROM SFE UP, INCLUDING AG, YOU KNOW, YOU HAVE DIFFERENT LIMITATIONS AND SO FORTH. BUT IS THERE ANY OTHER DEVELOPMENT IN TOWN THAT'S SF 15 OR DENSER THAT DEVIATES AT ALL FROM THE 750FT²? I DON'T KNOW THAT FOR CERTAIN.

I DIDN'T RESEARCH THAT BEFORE THE MEETING.

I'M NOT AWARE OF ANY OFF THE TOP OF MY HEAD, ALTHOUGH I WILL SAY THERE ARE SOME NEIGHBORHOODS THAT, YOU KNOW, WERE ANNEXED INTO THE TOWN, OR WERE THE NEIGHBORHOOD WAS KIND OF DEVELOPED BEFORE THE TOWN WAS REALLY DEVELOPED.

AND SO IN THOSE CASES, I'VE HEARD ABOUT LARGER ACCESSORY BUILDINGS THAT DON'T NECESSARILY COMPLY WITH THE TOWN'S CURRENT STANDARDS, BUT THAT WAS CURRENT BUILDINGS BEFORE THEY WERE ANNEXED INTO THE TOWN.

AND OKAY.

I THINK THAT ANSWERS MY QUESTIONS.

THANK YOU. MR. DALTON, YOU LOOK LIKE YOU WERE GOING TO HIT YOUR BUTTON.

YEAH, I WAS JUST GOING TO MENTION IN REGARDS TO THE CODE ENFORCEMENT.

SO. AND MR. BALDASARO, I KNOW HAS AN INBOX FULL OF EMAILS FROM ME, BUT SHORTLY AFTER THE BOA CASE, THERE WAS AN ATTEMPT.

HE DID SUBMIT A PERMIT TO TRY TO ADJUST THE CURRENT, THE EXISTING STRUCTURE TO MEET THE TOWN'S CODE OF ORDINANCES.

AND SO THERE WAS A LOT OF BACK AND FORTH DURING THAT TIME PERIOD IN ORDER TO FIGURE OUT WHAT HIS OPTIONS WERE TO TO FIT WITHIN THE TOWN'S CODE.

SO IT'S NOT AS THOUGH WE JUST STOOD AROUND WAITING FOR HIM TO MAKE UP HIS MIND.

ONCE HE LOOKED AT THOSE OPTIONS AND FOUND THOSE KIND OF UNDESIRABLE.

THERE WERE OTHER DISCUSSIONS.

WE EVEN HAD ONE IN FRONT OF COUNCIL ABOUT REVIEWING THE TOWN'S ACCESSORY DWELLING REQUIREMENTS TOWN WIDE.

COUNCIL WAS NOT INTERESTED IN PURSUING THAT OPTION, AND THEN MR. BALDASARO PRESENTED STAFF WITH THIS PARTICULAR OPTION.

SO I JUST WANT TO MAKE CLEAR TO THE PUBLIC THAT ALTHOUGH IT HAS BEEN A VERY LONG TIME, THERE'S NO DOUBT ABOUT THAT, THAT THERE'S BEEN ACTIVITY ON THE CASE TO PURSUE OPTIONS, TO BRING IT TO WHAT WE'RE HERE TO FOR COUNCIL TO DECIDE TONIGHT.

SO, TOMMY, ONE MORE QUESTION.

SO THE RESIDENTS CURRENT STRUCTURE.

WHAT SIZE IS THAT? SO I JUST LOOKED IT UP.

WHAT WENT TO THE BOA IN JANUARY? IT WAS JANUARY 13TH, 2021 WAS 1020FT.

THAT WOULD HAVE BEEN THE SIZE OF BOTH STRUCTURES COMBINED BECAUSE IT WAS ADDED ON TO THE EXISTING STRUCTURE.

OKAY. THE DRIVER FOR THE 1200, BASICALLY.

SO. ANY OTHER COUNCIL DISCUSSION? SO EVEN THOUGH IT'S 1020FT, THIS 1200 SQUARE FEET WAS JUST TO GIVE A CUSHION.

[02:25:02]

PATRICK MAY HAVE TO RESPOND TO THAT ONE BECAUSE THAT'S WHAT HE SUBMITTED TO US.

AND THAT'S WHAT PRESUMABLY IS ON THE PETITION.

YES, THAT IS WHAT WAS ON THE PETITION.

SO CHANGING IT TO SOMETHING LESS THAN 1200 SQUARE FEET.

IS THAT AN ALLOWABLE OPTION? YES, THIS IS A PLANNED DEVELOPMENT APPLICATION.

AND SO YOU CAN DICTATE WHATEVER CONDITIONS YOU'D LIKE, INCLUDING LOWERING THE AMOUNT, ADDING A PROHIBITION AGAINST CARPORTS.

I MEAN, THIS IS ALL AMENDING THE OKAY.

GOOD TO KNOW. AND ONE OTHER QUESTION LEXIN.

SORRY YOU'RE GETTING YOUR STEPS IN TODAY.

SO DO WE KNOW IF THE ADDITION OF THIS STRUCTURE AT 1020FT HAS RESULTED IN ANY CHANGE OF DRAINAGE OR RUNOFF, OR IS THERE A LOT TO LOT DRAINAGE IN THIS DEVELOPMENT? BECAUSE THAT'S A LOT OF SURFACE AREA ON ROOF IMPERMEABLE STRUCTURE.

AND WHERE IS THE WATER GOING? I'M NOT AWARE OF THERE BEING ANY DRAINAGE RELATED COMPLAINTS FOR THIS PROPERTY.

SO IF I COULD JUST ADD TO THAT.

SO IF COUNCIL WERE TO APPROVE THIS ITEM AS PRESENTED, MR. BALDASARO STILL HAS TO SUBMIT THE PERMIT AND RESOLVE THE WORK WITHOUT A PERMIT CASE.

SO DURING THAT TIME HE WOULD HAVE TO PROVIDE COMPLIANCE PLANS ESSENTIALLY FOR THE DRAINAGE IN THE SUBDIVISION.

AND SO THAT WILL BE CHECKED BY OUR ENGINEERING GROUP AND INSPECTED.

IF AT THAT TIME THERE'S FOUND TO BE ANY DRAINAGE PROBLEMS, THEY WILL HAVE TO BE ADDRESSED.

SO IT MAY NOT BE OVER.

IN OTHER WORDS, IF THE CONDITIONS ARE NOT MET FOR GRANTING THE PERMIT OR MEETING THE REQUIREMENTS.

IN ORDER TO GET HIS BUILDING FINAL, HE WILL HAVE TO ADDRESS ANY DRAINAGE ISSUES.

I'M NOT SAYING THAT THEY'RE THERE OR NOT.

I'M JUST WANTING COUNCIL TO UNDERSTAND.

THAT'S THE NEXT STEP. THAT THAT WILL BE CHECKED.

AND WHAT ARE THE CONSEQUENCES FOR NOT FOLLOWING PERMIT? ARE THERE FINES OR.

SO OUR TYPICAL FIRST STEP IS TO ISSUE A NOTICE OF VIOLATION.

THAT'S BASICALLY FOR ANY, YOU KNOW, PROPERTY STANDARD KIND OF CODE.

HIGHWAYS AND GRASS, TRASH AND DEBRIS.

SOMETHING LIKE THIS WORK WITHOUT A PERMIT.

SO WE RARELY GO TO A CITATION WHICH WOULD RESULT IN THE FINE UNLESS WE CANNOT GAIN A RESPONSE FROM THE PROPERTY OWNER OR, YOU KNOW, GET ANY COOPERATION.

SO THAT'S KIND OF IT HAS BEEN THE TOWN'S LONG STANDING PRACTICE IS TO KIND OF HAVE THAT HEAVY HANDED ENFORCEMENT AS A LAST RESORT.

WE ALWAYS TRY TO SEEK A COOPERATIVE MEANS TO CLOSING THE CASE.

SO SHOULD WE PROCEED WITH THIS AND APPROVE IT IN SOME FASHION? AND THEN THE REST OF THE PERMITTING REQUIREMENTS MUST STILL BE MET.

IF THERE WERE EXCEEDING OF DEADLINES, THEN THAT WOULD BE GROUNDS FOR SOME KIND OF CITATION AT THAT TIME.

YES. SO ONCE THIS ZONING IS IF THIS ZONING IS APPROVED AND THE PERMIT IS SUBMITTED, I BELIEVE IT'S GOOD IN OUR SYSTEM FOR 120 DAYS. OUTSIDE OF THAT, IT'S VOIDED AND THEN CODE ENFORCEMENT ACTION WOULD STEP IN.

AND YES, WE WOULD SET THOSE PARAMETERS AGAIN AND MOVE THEM TOWARDS COMPLIANCE.

THANK YOU. I JUST HAVE A COUPLE OF COMMENTS.

SO HONESTLY, I THOUGHT THAT THE REQUEST FROM THIS APPLICANT WAS REASONABLE THIS WHOLE TIME THAT SF 15 SHOULD ALLOW, IN SOME SITUATIONS, SOME LARGER ACCESSORY STRUCTURES. WE JUST RECENTLY APPROVED ZONING WHERE THE APPLICANT, THE DEVELOPER, ASKED FOR PATIO COVERS ON THE FRONT THAT WOULD ENCROACH INTO THE SETBACKS, AND WE APPROVED THAT, NO QUESTIONS ASKED.

SO IT'S PRETTY TYPICAL FOR US TO GRANT THESE KINDS OF EXCEPTIONS, ESPECIALLY IN THESE LARGER ZONING DISTRICTS.

SO ULTIMATELY, THOUGH, THE PATH THAT THIS APPLICANT WALKED FORWARD TO MODIFY THE PD WAS THE RIGHT PROCESS, I THINK GOT ALL THE NEIGHBORS ON BOARD.

I THINK YOU'VE DONE THIS THE RIGHT WAY.

ULTIMATELY, MAYBE YOU DIDN'T GET THERE THE MOST DIRECT PATH, BUT YOU GOT THERE.

SO BEFORE WE START GETTING INTO AMENDING THIS PD, I WANT TO GO AHEAD AND PUT A MOTION ON THE TABLE TO APPROVE THIS WITHOUT ANY MODIFICATIONS AS WRITTEN.

AND IF THAT FAILS, THEN MAYBE THAT'S THE PATH WE WANT TO GO DOWN.

SO I MOVE APPROVAL OF ITEM K3 AS PRESENTED.

SECOND. ANY DELIBERATION ON THAT MOTION.

I'D LIKE TO SEE IT REDUCED.

I MEAN, I WOULD BE AMENABLE TO KEEPING IT WITHIN THE STANDARD OF THE STRUCTURE IN QUESTION, BUT I DON'T THINK GOING BEYOND REALLY SERVES ANYONE WELL. IT COULD CREATE A LOT OF OTHER PROBLEMS. AND I WOULD ALSO LIKE TO ADD ON THE PROHIBITION FOR USE OF A STRUCTURE AS A CARPORT SO ACCESSIBLE TO THE DRIVEWAY.

I SO APPRECIATE YOUR DELIBERATION, BUT THE MOTION WAS MADE FOR IT AS PRESENTED.

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

[02:30:01]

COUNCIL MEMBER SCHIESTEL.

NAY. MAYOR PRO TEM ENGEL.

NAY. COUNCIL MEMBER DREW.

AYE. COUNCIL MEMBER TAYLOR.

AYE. ITEM NUMBER 3ZPD23-0003 PASSES BY A VOTE OF 3 TO 2.

MOVING ON TO ITEM NUMBER FOUR LDR 23-0004 LEGISLATIVE UPDATE.

[K.4. LDR23-0004 – Legislative Update - Public hearing to consider an ordinance amending the Land Development Regulations (LDR23-0004 – Legislative Update) by amending Chapter 74 ”General,” Chapter 78 “Administration,” Chapter 82 “Development Standards,” and Chapter 90 “Subdivisions,” for the purpose of updating subdivision and site plan requirements and platting review authority to comply with recently adopted state legislation. (PZ recommended approval by a vote of 6 to 0 at its October 23, 2023, meeting.)]

STAFF PRESENTATION BY LEXIN UNLESS ANYBODY ELSE FROM STAFF WANTED TO DO THIS ONE.

NO. ALL RIGHT.

TAKE IT AWAY.

THANK YOU, MAYOR. THIS IS AN UPDATE BASED ON THE MOST RECENT LEGISLATIVE SESSION 2023 LEGISLATIVE SESSION.

THERE WERE SOME NEW REGULATIONS PASSED BY THE STATE THAT WE NEEDED TO FIGURE OUT HOW TO INCORPORATE INTO OUR ORDINANCES IN A WAY THAT MADE OUR PROCESS STILL WORK, AND THAT ENSURED THAT THE RESIDENTS OF FLOWER MOUND AND COUNCIL AND OUR SUPPORTING BOARDS ALL STILL HAD THE ABILITY TO SEE THE SAME INFORMATION THAT THEY WERE USED TO AND CONTINUE TO BE A TRANSPARENT PROCESS.

SO THE FIRST HOUSE BILL, 3699, THIS AMENDED SUBDIVISION REGULATIONS.

IT WAS ORIGINALLY PASSED IN 2019.

IT CREATED THE SHOT CLOCK.

THIS VERSION, 3699 REDEFINED THE OFFICIAL FILING DATE.

BEFORE, THAT WAS SOMETHING THAT WAS LEFT OPEN TO MUNICIPALITIES TO DEFINE WHEN A PLAT WAS FILED.

THIS CHANGED IT SO THAT IT ESTABLISHED EXACTLY WHEN THAT DATE WAS.

SO WE NEEDED TO UPDATE THAT WITHIN OUR REGULATIONS.

IT ALSO PROHIBITS MUNICIPALITIES FROM REQUIRING ANY ADDITIONAL DOCUMENTS AS PART OF A DEVELOPMENT PLAN, RECORD, PLAT, MINOR RECORD, PLAT OR REPLAT APPLICATION.

IT ALSO GIVES TOWN COUNCIL THE ABILITY TO DELEGATE, REVIEW, EXTENSION, APPROVAL AND DENIAL OF PLAT APPLICATIONS TO STAFF.

AND SO THAT IS SOMETHING THAT TOWN COUNCIL PASSED A RESOLUTION TO SUPPORT THAT DELEGATION A COUPLE OF MEETINGS AGO.

JUST BECAUSE WITH THIS NEW KIND OF NEW LIMITED WINDOW OF TIME WE WERE DEALING WITH, AND THE FACT THAT WE REALLY COULDN'T LOOK AT ANY ADDITIONAL DOCUMENTS DURING THE REVIEW OF THE PLATS ANYMORE.

ANYWAY, IT KIND OF JUST MADE SENSE TO HAVE THAT BE MORE OF AN ADMINISTRATIVE FUNCTION.

SENATE BILL 929 IS ANOTHER LAW THAT WAS PASSED.

IT REQUIRES THE TOWN TO INCLUDE BUSINESS OWNERS IN PUBLIC HEARING NOTICES IF A BUSINESS WOULD BECOME LEGALLY NONCONFORMING WITH THE PROPOSED CHANGE.

SO WE NEEDED TO UPDATE OUR REGULATIONS TO REFLECT THAT.

AND THEN LAST WAS SENATE BILL 2440.

I DON'T THINK THIS WILL REALLY APPLY MUCH IN TOWN, BUT WE DID GO AHEAD AND PUT IT ON OUR BOOKS THAT JUST IF THERE ARE PLATS FOR THE SUBDIVISION OF LAND WHERE THE GROUNDWATER IS PROPOSED TO BE USED AS THE PRIMARY WATER SOURCE, THEN YOU HAVE TO INCLUDE EVIDENCE OF THAT GROUNDWATER SUPPLY.

SO THIS IS MORE FOR PROBABLY MORE FOR THE MILLIONS OF VIEWERS AT HOME, JUST TO KIND OF AREMINDER OF WHAT THESE DIFFERENT PLOT TYPES ARE.

DEVELOPMENT PLAN.

THAT'S THE HAS PREVIOUSLY BEEN THE INITIAL STEP FOR NECESSARY FOR A RESIDENTIAL SUBDIVISION OF FIVE OR MORE LOTS.

IT KIND OF SHOWS SOME OF THE BASIC INFORMATION.

RECORD PLAT IS THAT FINAL PLAT DOCUMENT.

PREVIOUSLY, IT INCLUDED ALL OF THE ENGINEERING REQUIREMENTS AND REVIEW.

REPLATS WERE JUST ON ALREADY PLATTED LAND.

IF YOU'RE CREATING NEW LOT LINES OR REMOVING EASEMENTS, IT WOULD ALSO HAVE INCLUDED ENGINEERING.

AND THEN MINOR PLATS ARE INITIAL PLATS OR REPLATS FOR SUBDIVISIONS OF FOUR OR FEWER LOTS WITH NO PUBLIC IMPROVEMENTS.

THOSE COULD BE APPROVED ADMINISTRATIVELY PREVIOUSLY.

SO THESE DESCRIPTIONS ARE GOING TO CHANGE TO SOME DEGREE.

I'LL TALK TO YOU A LITTLE BIT ABOUT HOW.

DEVELOPMENT PLANS ARE NO LONGER GOING TO BE REQUIRED FOR RESIDENTIAL DEVELOPMENTS NECESSARILY.

AND LIKE I SAID, ALL OF THAT ENGINEERING IS GOING TO MOVE TO A NEW APPLICATION TYPE WE'RE CREATING CALLED A SUBDIVISION SITE PLAN.

SO FOCUS OF THE AMENDMENT IS ON FOR THOSE PLAT APPLICATION TYPES.

WE TALKED ABOUT REMOVE ENGINEERING PLANS, CONSTRUCTION PLANS, TREE SURVEY, ANY REQUIRED STUDY PLAN OR DOCUMENT FROM THE SUBMITTAL.

NOW WE JUST GET THE APPLICATION FORM, THE SUBDIVISION PLAT AND APPLICATION FEE.

UPDATE THE OFFICIAL FILING DATE TO BE THE DATE WHEN FORM, SUBDIVISION, PLAT AND FEE ARE RECEIVED, AND THEN THE PLAT HAS TO BE CONSIDERED BY THE TOWN WITHIN 30 CALENDAR DAYS AFTER RECEIVING THOSE DOCUMENTS.

AND FEES ARE ADMINISTRATIVELY APPROVED ONCE ALL SUBDIVISION REQUIREMENTS ARE MET, PROVIDED NO EXCEPTION IS REQUESTED.

SO IF THERE IS AN EXCEPTION REQUEST ON ANY OF THESE, IT WOULD STILL CONTINUE TO GO TO PLANNING AND ZONING COMMISSION FOR RECOMMENDATION AND ULTIMATELY TO TOWN COUNCIL FOR A DECISION. I THINK IT IS UNLIKELY THAT WE'LL SEE EXCEPTIONS ON PLAT SPECIFICALLY.

I THINK THEY WILL COME MORE ON THE SUBDIVISION SITE PLANS NOW, BECAUSE THAT'S WHERE WE'RE GOING TO HAVE ALL THE DETAILS.

[02:35:04]

SO DEVELOPMENT PLANS ARE NOW ONLY GOING TO BE REQUIRED WHEN A PROJECT PROPOSES PHASING.

SO BEFORE YOU HAD TO DO A DEVELOPMENT PLAN IF THERE WAS FIVE OR MORE RESIDENTIAL LOTS.

NOW WE'RE SAYING OKAY WELL YOU ONLY HAVE TO DO A DEVELOPMENT PLAN IF YOU WANT TO CREATE MULTIPLE PHASES.

AND THE REASON FOR IT REALLY THE ONLY REASON FOR IT IS IF SOMEBODY DOESN'T WANT TO DO THE FULL ENGINEERING OF THE WHOLE SUBDIVISION, IF THEY'RE LIKE, WE'RE ONLY DOING THIS PHASE ONE OF THIS 300 ACRES, WE'RE ONLY DOING 300, PROBABLY A LOT.

BUT ANYWAY, 50 ACRES OF 150 ACRES.

WE WANT TO COME IN WITH THAT PHASE INITIALLY.

THE TOWN HAS LANGUAGE IN OUR ORDINANCE THAT SAYS YOU HAVE TO BRING ALL PROPERTY IN UNDER COMMON OWNERSHIP, HAS TO BE PLATTED.

SO THAT'S A WAY TO START THAT PLATTING PROCESS WITH A DEVELOPMENT PLAN.

BUT BEING ABLE TO PHASE IT IN THE ENGINEERING, WHICH IS THE MORE EXPENSIVE PART OF IT, AS THEY'RE READY TO DEVELOP.

AGAIN, WE'RE CREATING THIS NEW SUBDIVISION SITE PLAN.

IT'S FOR RESIDENTIAL AND NON RESIDENTIAL PROJECTS.

IT'S GOING TO INCLUDE THOSE DETAILS THAT YOU WERE USED TO SEEING WITH THE PLAT SUBDIVISION, LANDSCAPE PLANS, RESIDENTIAL ENTRY FEATURE DESIGNS, ENGINEERING PLANS AND TREE SURVEYS.

AND THOSE WILL GO TO THEY WILL GO TO P&Z AS A CONSENT ITEM, THE SAME WAY THAT CURRENTLY RECORD PLATS OR REPLATS DID.

THE RECORD PLATS AND REPLATS SUBDIVISION SITE PLAN.

THEY'LL STILL EXIST, BUT A SUBDIVISION SITE PLAN HAS TO HAVE BEEN APPROVED BEFORE YOU SUBMIT AN APPLICATION FOR THE RECORD PLAT OR REPLAT.

AND SO THE RECORD PLAT AND REPLAT IS JUST DONE BY STAFF, BUT IT'LL BE AFTER THAT SUBDIVISION SITE PLAN THAT HAD ALL THE DETAILS IN IT IS ALREADY REVIEWED BY STAFF, APPROVED BY P&Z ON CONSENT.

AND SO THEN THE ACTUAL PLAT DOCUMENTS, IT'S JUST KIND OF LINES ON A PAGE.

THERE'S NO DETAILS BEHIND THAT ANYMORE.

SOMETHING ELSE NEW TO MAKE SURE THAT COUNCIL IS AWARE OF.

THAT WAS PART OF THAT HOUSE BILL 3699.

WAS THIS NEW RIGHT OF WAY DEDICATION.

SO THE NEW LAW LIMITS THE TOWN'S ABILITY TO REQUIRE DEDICATION OF LAND FOR PUBLIC RIGHT OF WAY DURING THE PLANNING PROCESS.

SO WHEN LAND IS ANTICIPATED TO BE USED AS PUBLIC RIGHT OF WAY BUT IT'S NOT NECESSARY TO THE PROPOSED PROJECT AS SHOWN ON THE PLOT.

BUT IF IT IS RIGHT AWAY ON THE TOWN'S THOROUGHFARE PLAN, THEN THEY WILL HAVE TO PUT IT IN AN UNBUILDABLE X LOT.

AND SO THAT WAY IT DOESN'T GET BUILT ON.

IT'S STILL AVAILABLE IN THE FUTURE FOR THE TOWN TO PURCHASE IT WHEN WE GET READY TO BUILD THAT ROAD, BUT WE CAN NO LONGER REQUIRE THAT IT BE DEDICATED WITH THE PLAT.

IF IT'S NOT SOMETHING THAT IS NECESSARY FOR THAT PROJECT OR THAT THE TOWN'S PLANNING TO BUILD RIGHT NOW.

OTHER AMENDMENTS. WE'RE ALSO JUST UPDATING THIS.

JUST AN FYI, WE UPDATED ALL THE APPLICATION SUBMITTAL REQUIREMENTS TO BE CONSISTENT INCLUDE LETTER OF INTENT, LETTER OF CONSENT, UPDATING LANGUAGE TO BE CONSISTENT WITH ALL OF OUR CURRENT APPLICATION FORMS. AND THEN WE ALSO REMOVED SOME OF THE TECHNICAL DETAILS FROM THE SUBDIVISION ORDINANCE THAT WERE ALREADY IN THE ENGINEERING DESIGN CRITERIA MANUAL AND FIRE CODE.

WHAT WE FOUND IS THAT THERE ARE THINGS THAT HAD BEEN UPDATED OVER TIME IN THE DESIGN CRITERIA MANUAL, OR THE FIRE CODE THAT HAD NOT GOTTEN UPDATED AT THE SAME TIME IN THE ORDINANCE. SO WE'RE GOING TO TRY TO PREVENT THAT FROM HAPPENING IN THE FUTURE BY JUST REFERENCING THOSE DOCUMENTS WHEN THEY'RE THE CONTROLLING DOCUMENT.

JUST [INAUDIBLE] OVER THERE.

THE RIGHT OF WAY DEDICATION.

DOES IT SPECIFY WHAT PRICE WE WOULD PAY? IS IT THE. NO.

THAT WOULD STILL BE.

THAT WOULD BE USING OUR NORMAL PROCESS OF JUST, YOU KNOW, GETTING AN APPRAISAL AND WHATEVER YOU NEGOTIATE AND ALL THAT.

SO IT DOESN'T DICTATE THOSE TERMS. IT JUST SAYS WE CAN NO LONGER MAKE PEOPLE DEDICATED TO US FOR FREE AT THE TIME THAT THEY'RE PLATTING.

BASICALLY, THE RESIDENTS WILL BE PAYING FOR RIGHT OF WAY INSTEAD OF THE DEVELOPER DEDICATING IT.

YEP, THE TOWN WILL BE PAYING MORE FOR RIGHT OF WAY.

YEP. BUT ONLY IF WE NEED IT TO USE IT FOR SOMETHING.

NO? WELL, WE ALWAYS NEED IT.

WE DON'T HAVE PEOPLE GIVE US LAND JUST FOR FUN.

WELL, WE DON'T ALWAYS USE LIKE IT WOULD BE THEIRS UNTIL WE WOULD NEED TO USE IT.

AND AT THAT POINT WE COULD NEGOTIATE A PURCHASE.

BUT THAT'S CORRECT.

NOT ANYMORE. LIKE WHAT LEXIN IS TALKING ABOUT.

THESE ARE THOROUGHFARES. THESE ARE THE BIG ROADWAYS THAT ARE ALL OF OUR IMPACT FEES ARE BASED ON.

SO, YOU KNOW, SPEAKING ABOUT DEVELOPMENT OUT WEST, WHEREAS BEFORE THE TOWN GOT THAT LAND DEDICATION ESSENTIALLY FOR FREE TODAY AND THEN WE WOULD THAT WOULD BE PUBLIC RIGHT OF WAY UNTIL THE POINT THAT WE DECIDED OR THE DEVELOPER WAS GOING TO EXTEND, BECAUSE OF ADJACENT DEVELOPMENT, A PUBLIC RIGHT OF WAY.

NOW THEY GET TO HOLD ON TO IT AS AN UNDEVELOPED X LOT.

BUT WHEN IT'S TIME FOR US TO EXTEND THAT THOROUGHFARE STREET, NOT ONLY ARE WE PAYING FOR THE COST OF THE ROAD, WE'RE ACTUALLY HAVING TO BUY THE LAND UNDERNEATH IT, AND IT'S GOING TO BE SEPARATED FROM THE SUBDIVISION PLAT WHERE IT WOULD HAVE BEEN DEDICATED BY SEVERAL YEARS.

AND SO THE COST OF THE PROPERTY IS GOING TO GO UP FROM A FAIR MARKET VALUE AT THE SAME TIME.

[02:40:02]

SO IT'S GOING TO BE MORE EXPENSIVE TO PURCHASE RIGHT OF WAY, WHICH IS GENERALLY GENERAL FUND DOLLARS AS I RECALL.

YOU STILL MAY HAVE A DEVELOPER THAT IS NOT INTERESTED IN MAINTAINING OWNERSHIP OF UNDEVELOPABLE LAND AND PAYING TAXES ON IT, SO YOU STILL MAY HAVE THE RARE OCCASION AFTER PLATTING WHERE THE PROPERTY IS DEDICATED TO US AT LOW TO NO COST, BUT WE JUST SIMPLY CAN'T REQUIRE THAT IT BE DEDICATED.

THE NEW STATUTE ESSENTIALLY SAYS FUTURE STREETS.

WE CANNOT REQUIRE FUTURE STREETS TO BE DEDICATED TO US, UNLESS THE OWNER INTENDED TO DEDICATE IT TO US.

AND THE FUNDING OF THAT STREET IS IN THE CAPITAL IMPROVEMENT PROGRAM ALREADY.

ARE WE ALLOWED TO EXPLAIN THIS TO THE DEVELOPER THAT YOU HAVE THE OPPORTUNITY, SHOULD YOU SO DESIRE? WE WILL ASK. LET US HAVE THAT PLANNED, RIGHT? WE WILL STILL ASK FOR A RIGHT OF WAY DEDICATION.

OKAY, BUT IF SOMEONE SAYS WE'RE NOT INTERESTED IN DEDICATING THE RIGHT OF WAY, THEN OKAY, THERE'S NOT THERE'S NOT A LOT WE CAN DO ABOUT IT.

SO IS THERE ANY WAY TO INCORPORATE THIS INTO IMPACT FEES OR THIS ADDITIONAL COST? THE IMPACT FEES INCLUDE THE PURCHASE OF A RIGHT OF WAY, BUT THEY'RE NOT NECESSARILY INCLUDED IN THERE TODAY ON WHAT WE HAVE ON THE CIP AND FOR DETERMINING IMPACT FEES.

SO THEY'RE GOING TO HAVE TO BE ADDED.

BASICALLY, I BELIEVE THEY ARE INCLUDED.

THEY AREN'T IN CASES WHERE WE ARE NOT MOVING FORWARD BEFORE THE DEVELOPERS, THEY'RE AT THE POINT WHERE THE ROADS BEING BUILT AND THE DEVELOPERS ALREADY DEDICATED IT, OR WE HAVE A WILLING DEVELOPER THAT HAS A APPLICATION AND WE KNOW IT'S GOING TO BE DEDICATED.

WE DON'T INCLUDE THOSE COSTS.

BUT IF WE KNOW THAT IT'S UNDEVELOPED PROPERTY AND WE'RE MOVING FORWARD WITH THE ROADWAY PROJECT, WE DO INCLUDE RIGHT OF WAY COST.

ALL RIGHT. FUN STUFF.

STATE LEGISLATURE. YES.

THANK YOU AGAIN, STATE REPS.

SO THIS WAS TALKING ABOUT THE STREETS JUST A LITTLE BIT MORE.

SO FOR THAT FOR CLARIFICATION PURPOSE, WE ARE CREATING TWO NEW DEFINITIONS, ONE AS CURRENT STREET AND ONE OF FUTURE STREET, BECAUSE FUTURE STREET IS WHAT'S REFERENCED IN THE STATE LAW. AND SO THIS WAS KIND OF OUR VISUAL TO TRY TO SHOW YOU THE DIFFERENCE.

IF THIS STREET IN GREEN LIKE THIS WAS UNDEVELOPED PROPERTY AT THE TIME AND THIS WAS WHAT WAS PROPOSED TO BE BUILT, THE STREET IN GREEN, THEY WOULD HAVE TO DEDICATE THE RIGHT OF WAY FOR AND BUILD IT OR WORK WITH THE TOWN TO BUILD IT, BECAUSE IT'S NECESSARY FOR THEIR DEVELOPMENT.

THE STREET IN RED, IF THERE WAS A STREET PROPOSED HERE AND IT'S ADJACENT TO THEIR PROPERTY, BUT NOT NECESSARY TO BUILD THEIR PROPERTY, IS WHAT WOULD BE CONSIDERED THE FUTURE STREET.

SO APPLICATION FEES.

JUST AMENDING THE SECTION TO CLARIFY, NO PROJECT SHALL BE APPROVED OR SCHEDULED UNTIL THE APPLICANT HAS PAID ALL REQUIRED FEES.

INACTIVE PROJECTS.

THERE WERE A COUPLE OF EXAMPLE PROJECTS THAT WERE NOT ON THAT LIST, JUST ADDED THOSE.

WE CREATED A NEW DEVELOPMENT PROCESS SECTION TO KIND OF EXPLAIN THE STEPS IN THE DEVELOPMENT PROCESS SINCE WE'RE INCORPORATING THIS NEW STEP OF THE SUBDIVISION SITE PLAN TO ENSURE THAT IT'S CLEAR WHAT THAT MEANS GOING FORWARD.

AND THEN OFFICERS AND PROCEDURES, THAT'S JUST A CLEANUP ITEM PREVIOUSLY INCORRECTLY REFERENCED THAT P&Z OFFICERS WERE ELECTED IN SEPTEMBER INSTEAD OF OCTOBER.

REVIEW BY PLANNING AND ZONING COMMISSION.

THIS IS ANOTHER KIND OF CLEANUP ITEM TO MATCH THE TOWN'S POLICY THAT WE ALWAYS NOTICE FOR P&Z MEETINGS IN THE PAPER AS WELL, AND THAT WAS NOT CLEARLY STATED BEFORE.

AND WE'VE GOTTEN A COUPLE OF QUESTIONS ABOUT IT RECENTLY.

SO WE FIGURED WE'D GO AHEAD AND PUT THAT IN THE ORDINANCE.

ACTION BY TOWN COUNCIL.

THIS IS JUST THERE WAS ONE PIECE THAT WAS MISSING.

THIS IS STANDARD STATE LAW ABOUT HOW TO DO THIS WHEN THE SUPERMAJORITY VOTE IS REQUIRED BASED ON PUBLIC PROTESTS.

AND THERE WAS JUST ONE LINE FROM THAT THAT WAS KIND OF MISSING FROM OUR ORDINANCE, WE WOULD HAVE HAD TO FOLLOW IT ANYWAY.

BUT JUST UPDATING THAT TO BE ACCURATE.

APPLICATION FOR COMPREHENSIVE MASTER PLAN AMENDMENT.

THIS IS AGAIN WHAT WE TALKED WHAT I TALKED ABOUT AS FAR AS MATCHING WHAT THE TRUE APPLICATION REQUIREMENTS ARE.

SAME THING FOR THE ZONING MAP AMENDMENT AND THEN NEW APPLICATION COMPLETENESS SECTION.

SO PREVIOUSLY WE TALKED ABOUT APPLICATION COMPLETENESS IN CHAPTER 90.

AND SO SINCE THERE'S A DIFFERENT STANDARD NOW FOR APPLICATION COMPLETENESS FOR PLATS CHAPTER 90 IS SUBDIVISIONS OR PLATS.

SO DIFFERENT STANDARD FOR THAT THAN THERE IS FOR ZONING SITE PLAN MASTER PLAN AMENDMENTS.

SO WE HAD TO CREATE TWO SECTIONS.

SO ONE WILL BE IN CHAPTER 78 KIND OF OUR GENERAL CHAPTER THAT TALKS ABOUT ALL THE OTHER APPLICATION TYPES.

AND THEN WE STILL HAVE TO HAVE ONE IN CHAPTER 90 THAT WILL SPEAK JUST TO PLAT APPLICATIONS BEING CONSIDERED COMPLETE.

SECTION 82.

[02:45:02]

SO NEW LANGUAGE FOR AGAIN THE SUBDIVISION SITE PLAN FOR WHEN YOU NEED ONE OF THOSE.

FOR A NON RESIDENTIAL IT'S REQUIRED FOR PROJECTS THAT HAVE MORE THAN ONE LOT.

SO OR WHEN A TREE REMOVAL PERMIT IS REQUIRED.

SO THE IDEA IF YOU HAVE MORE THAN ONE COMMERCIAL LOT, YOU'RE POTENTIALLY GOING TO HAVE SOME SORT OF SHARED FEATURES, WHETHER IT'S LANDSCAPE BUFFER, WHETHER IT'S A SHARED ACCESS EASEMENT, YOU'LL HAVE SOMETHING THAT WILL BE A SHARED FEATURE THAT WOULD POTENTIALLY NEED TO BE REVIEWED BY ENGINEERING AND DESIGNED.

AND THEN FOR RESIDENTIAL, IT'S REQUIRED IF THE SUBDIVISION CONTAINS FIVE OR MORE LOTS.

THE REASON WHY THAT FIVE LOTS IS IMPORTANT, A COUPLE DIFFERENT REASONS, BECAUSE THE WAY OUR ORDINANCES HAVE ALWAYS BEEN SET UP, WHEN YOU NEED TO DO A DEVELOPMENT PLAN PREVIOUSLY WAS WITH FIVE LOTS, AND SO THERE WERE A LOT OF THINGS THAT KIND OF KICKED IN WITH THAT FIVE LOTS.

YOU WERE CONSIDERED MORE OF A TRUE SUBDIVISION, SO YOU HAVE TO DO A LANDSCAPE PLAN, YOU HAVE TO HAVE AN HOA.

SOME OF THOSE THINGS THAT WILL NEED TO ARE ACTUAL DOCUMENTS THAT WILL NEED TO BE SUBMITTED AND REVIEWED.

AND SO IF A SUBDIVISION HAS FIVE OR MORE LOTS, IF THEY HAVE COMMONLY HELD PROPERTIES BY AN HOA.

SO EVEN IF YOU ONLY HAVE THREE LOTS, BUT IF YOU DO A PRIVATE ROAD FOR YOUR THREE LOT SUBDIVISION, YOU NEED TO HAVE AN HOA SHOWING HOW THAT'S GOING TO BE MANAGED.

IF THERE'S ANY NECESSARY EXTENSION OF PUBLIC IMPROVEMENTS, TREE REMOVAL PERMITS OR EXCEPTIONS, THEN YOU'LL NEED TO DO A SUBDIVISION SITE PLAN.

IF YOU'RE JUST DOING A COUPLE OF RESIDENTIAL LOTS AND YOU DON'T MEET ANY OF THOSE CRITERIA, THEN YOU DON'T REALLY NEED TO DO THE SUBDIVISION SITE PLAN. YOU CAN JUST GO STRAIGHT TO DOING AN ADMINISTRATIVE MINOR PLAT, AND ALL THOSE DETAILS FOR YOUR SPECIFIC LOT WILL BE REVIEWED WITH YOUR HOUSE PERMIT.

SUBDIVISION, SITE PLAN, APPLICATION REQUIREMENTS.

SO THIS WILL JUST ADD THAT THE REQUIREMENTS SECTION.

THIS AGAIN IS WHERE YOU'LL GET THE ENGINEERING AND CONSTRUCTION PLANS, YOUR LANDSCAPE PLAN TREE SURVEY.

AND THEN SOMETHING ELSE WE PUT INTO THIS IS RESIDENTIAL APPLICATIONS MUST ALSO INCLUDE THE LOCATION AND SIZE OF THE SUBDIVISION ENTRY SIGN, BECAUSE THAT'S SOMETHING THAT WE PREVIOUSLY LOOKED AT WITH DPS, WHICH WAS SOMETHING THAT WENT TO COUNCIL.

SO TO ADDRESS THAT I'LL GET TO THAT SECTION.

BUT WE JUST CREATED AN ENTRY SIGNAGE KIND OF STANDARD SECTION, MATCHED IT OFF OF THE CROSS TIMBERS.

THAT WAS SOMETHING THE COUNCIL GAVE INPUT ON WHEN WE DID THE CROSS TIMBERS AREA PLAN UPDATE, LIKE, OKAY, WELL LET'S PUT SOME LIMITATIONS ON WHAT WE THINK A REALISTIC SIZE SIGN SHOULD BE FOR A NEIGHBORHOOD.

SO WE JUST MATCH THAT.

I MATCH THAT PROCESS THAT COUNCIL HAD ALREADY GIVEN US IN THE CTCDD.

SO IF SOMEONE AGAIN WANTS TO EXCEED THAT, THEN IT'S SOMETHING THEY WOULD HAVE TO TAKE FORWARD TO COUNCIL.

SITE PLAN APPLICATION REQUIREMENTS.

THIS IS JUST BEING CONSISTENT WITH OUR SITE PLAN FORMS. SO THIS IS THAT NEW SUBDIVISION ENTRANCE SECTION I REFERENCED.

WE CREATED THIS.

SO IT JUST GIVES RESIDENTIAL ENTRY STANDARDS SIMILAR TO THOSE FOR THE CROSS TIMBERS.

MAXIMUM HEIGHT SHALL NOT EXCEED SIX FEET.

MAXIMUM SIGN PHASE SHALL NOT EXCEED 60FT.

AND THEN IT NEEDS TO MEET VISIBILITY STANDARDS.

SO JUST FYI THAT IS SOMETHING WE UPDATED SLIGHTLY FROM WHEN THIS WENT TO P&Z.

IT PREVIOUSLY SAID YOU IT JUST GAVE KIND OF A MAXIMUM HEIGHT TO ENSURE YOU MET VISIBILITY BUT WITHIN THE MEDIAN.

AND WE TALKED ABOUT IT AFTERWARDS.

AND WELL, IF SOMEBODY HAS KIND OF AN ENTRY SIGN THAT'S ON THE CORNER OR SOMETHING, WE WANT TO MAKE SURE THEY'RE STILL REALIZING THEY HAVE TO MEET VISIBILITY STANDARDS.

SO WE JUST GENERALLY REFERENCE BACK TO THAT VISIBILITY SECTION INSTEAD.

90-2 CREATION OF BUILDING SITE.

SO THIS IS AN UPDATE TO ADDRESS THE POTENTIAL CONCERN OF PEOPLE NEVER FILING THEIR COVENANTS, CONDITIONS AND RESTRICTIONS ASSOCIATED WITH PLATS.

SO NOW THEY CANNOT GET A BUILDING PERMIT WITHOUT PROVIDING PROOF THAT THE CCNR'S WERE FILED WITH THE COUNTY, SO THAT WE DON'T HAVE THAT AS A POTENTIAL CONCERN IN THE FUTURE.

REQUIREMENTS FOR COMPLETENESS, DETERMINATION AND OFFICIAL FILING DATE.

THIS IS JUST UPDATED TO COMPLY WITH NEW STATE LAWS.

A COMPLETED APPLICATION FOR ANY OF THOSE PLAT TYPES SHALL ONLY INCLUDE THE APPLICATION FORM AND THE SUBDIVISION PLAT, AND WE SAY APPLICATION FORM, JUST TO KIND OF BE CONSISTENT WITH THE LANGUAGE.

WE DON'T NECESSARILY HAVE A APPLICATION FORM.

WRITE YOUR NAME HERE, THAT SORT OF THING.

PEOPLE JUST UPDATE, UPLOAD THEIR PLANS.

BUT WE'RE BEING CONSISTENT WITH THE LANGUAGE FROM THE STATE LAW.

AND THEN THE OFFICIAL FILING DATE, AFTER WHICH THE STATE REQUIRES MUNICIPAL ACTION WITHIN 30 DAYS, IS WHEN THE COMPLETE APPLICATION AND ALL FEES ARE PAID.

THERE IS THE ABILITY TO EXTEND THAT IF THE APPLICANT AND STAFF ARE IN AGREEMENT, YOU KNOW YOU'RE CONTINUING TO WORK ON IT.

SO THAT'S SOMETHING THERE'S LANGUAGE WITHIN THIS THAT JUST SAYS AS STATE LAW ALLOWS, IT CAN BE EXTENDED.

AND THEN AS I MENTIONED, THAT PROCESS FOR COMPLETENESS DETERMINATION HAD TO BE UPDATED BASED ON THE NEW LAW.

AND PURPOSE AND APPLICABILITY OF ARTICLE PROVISIONS.

[02:50:06]

THIS IS JUST UPDATING THE OKAY.

THIS IS ABOUT DEVELOPMENT PLANS AND SAYING THAT AGAIN, IT'S ONLY REQUIRED IF YOU HAVE MORE THAN ONE PHASE OF DEVELOPMENT.

WE ALREADY TALKED ABOUT THAT.

SUBMITTAL REQUIREMENTS.

WE HAD TO UPDATE THIS.

SO AGAIN ALL THE DETAILS THAT PREVIOUSLY WERE REQUIRED WILL NO LONGER BE REQUIRED FOR A DEVELOPMENT PLAN AND THEN APPROVAL PROCEDURES.

IT TALKS ABOUT THAT PROCESS ADMINISTRATIVE ALTHOUGH IT GOES TO P&Z OR COUNCIL IF THERE'S AN EXCEPTION AND THEN OTHER OPTIONS.

SO THIS IS SOMETHING I WANTED TO MENTION TO COUNCIL.

THIS IS THE ONLY THING BESIDES, IF THERE ARE ANY OTHER THINGS THAT YOU JUST WANT TO PROPOSE CHANGES TO AS OF COURSE WELCOME FEEDBACK.

BUT THIS IS ONE THING I WANTED TO ASK COUNCIL THAT'S NOT IN THE CURRENT ORDINANCE THAT WAS PROPOSED AS PART OF THE PACKET, BUT IT WAS KIND OF A QUESTION THAT CAME UP AT P& Z. WE HAVE HAD A PREVIOUS PROCESS WHERE AN APPLICANT COULD REQUEST A STRAIGHT ZONING AT THE SAME TIME AS A DEVELOPMENT PLAN.

SO THAT WAY YOU KIND OF GOT TO SEE THE LOT LAYOUT, BUT IT WAS JUST A STRAIGHT ZONING REQUEST AS OPPOSED TO A PD.

SO THAT WOULDN'T REALLY WORK WITH THE NEW PROCESSES AS LAID OUT.

IF IT'S SOMETHING THAT THE COUNCIL WANTS TO CONTINUE TO ALLOW FOR, I DID TALK TO BRYN ABOUT IT, AND HE SAID THAT WE HAVE THE ABILITY TO WRITE THIS IN AS AN OPTION THE DEVELOPERS CAN REQUEST.

SO IT WOULD THEY WOULD HAVE TO REQUEST THAT, AND THEN IT WOULD FOLLOW A DIFFERENT PROCESS WHERE THAT DP WOULD GO WITH THE ZONING CASE TO P&Z AND COUNCIL FOR THAT ULTIMATE APPROVAL RATHER THAN IT BEING APPROVED ADMINISTRATIVELY.

SO YOU ALL WOULD JUST HAVE TO LET ME KNOW IF THAT'S SOMETHING YOU WANT TO DO.

BUT IS THAT SOMETHING THAT WE CAN REQUIRE, OR IS IT SOMETHING THAT WE OFFER TO THE APPLICANT? IT'S SOMETHING THAT YOU OFFER TO THE APPLICANT.

NO WE CAN'T REQUIRE IT.

AND SO, YOU KNOW, BUT IF THEY I MEAN, IF THEY JUST SAID NO, I JUST WANT TO TAKE MY STRAIGHT ZONING CASE FORWARD BY ITSELF.

YOU WOULD IN NO WAY BE REQUIRED TO APPROVE IT EITHER.

BUT IF YOU WANTED TO SAY, WELL, I MIGHT BE OPEN TO THIS, IF I COULD SEE THE LOT LAYOUT, AND SO WE COULD OFFER THEM.

WELL, IF YOU WANTED TO TAKE THEM BOTH AT THE SAME TIME, YOU COULD.

THAT IS AN OPTION.

BUT IF THEY IT'S LIKE IF THEY DIDN'T TAKE THEM AT THE SAME TIME, I MEAN, THE DP WOULD JUST BE DENIED.

WE WOULDN'T HAVE THAT PROBLEM OF RUNNING OUT OF TIME BECAUSE THEY WOULD BE SHOWING LOTS THAT WOULD BE TOO SMALL FOR THE ZONING SO THAT IT WOULDN'T MATCH.

IT WOULDN'T BE APPROVED AS IT WAS.

IT WOULD JUST BE IF THEY WANTED TO HAVE THE OPTION TO TAKE THOSE FORWARD TOGETHER, THEN THEY WOULD BE BASICALLY SAYING, I'M WILLING TO HOLD OFF AND LET THIS TAKE LONGER SO THAT I CAN BRING IT FORWARD FOR COUNCIL CONSIDERATION.

YOU ALL HAVE ANY THOUGHTS ON THAT OR YOU WANT TO THINK ON IT TILL THE END? COUNCIL. SO, YEAH.

SO WE CAN MAKE THE MOTION TO INCLUDE THE OPTION FOR DEVELOPMENT PLANS TO BE CONSIDERED CONCURRENTLY WITH STRAIGHT ZONING REQUESTS.

AND THAT WOULD BY INCLUDING THAT OPTION, THAT MEANS THAT WE COULD GIVE DEVELOPERS THAT OPTION.

AND IF THEY DENY OR DECLINE TO TAKE ADVANTAGE OF IT, WE COULD CONSIDER THAT WHEN WE WERE CONSIDERING THE STRAIGHT ZONING REQUEST, WHETHER OR NOT WE WANTED TO APPROVE IT.

THAT'S RIGHT, THAT'S RIGHT. AND I WANTED TO ALSO ADD, JUST REMEMBER, THE NEW VERY TIGHT EXPEDITED SHOT CLOCK WILL APPLY TO THAT.

SO NO TABLING THE ZONING AND, YOU KNOW, TILL NEXT MONTH BECAUSE THE DP WILL BE APPROVED BY OPERATION OF LAW.

WELL, I'LL JUST MOVE ON AND THINKING ON IT.

SO APPLICABILITY OF ARTICLE PROVISIONS.

THIS IS WHERE WE TALK ABOUT REQUIRES A SUBDIVISION SITE PLAN BE APPROVED BEFORE SUBMITTING A RECORD PLAT.

SO THIS IS GOING THROUGH ALL THE RECORD PLAT SUBMITTAL REQUIREMENTS.

THIS IS STUFF WE KIND OF ALREADY TALKED ABOUT.

TOOK ALL THE EXTRA DOCUMENTS STUFF OUT OF HERE.

IT'S ALL IN THE SUBDIVISION SITE PLAN.

AND WE WE MATCHED ALL OF THIS TO SO THAT ALL THE PROCESSES, REQUIREMENTS, EVERYTHING LOOKS THE SAME FROM DP TO RECORD PLAT SO IT'S CONSISTENT.

OH, AND THEN ONE OTHER THING THAT WAS NEW WITH THIS IS CREATED AN APPEAL PROCEDURES FOR PLOTS DISAPPROVED BY STAFF THAT WILL GO TO THE PLANNING AND ZONING COMMISSION.

THAT WAS SOMETHING THAT WAS WITHIN THE STATE LAW AS WELL, THAT IF STAFF ADMINISTRATIVELY DENIED A PLAT APPLICATION, THEY COULD APPEAL THAT TO THE PLANNING AND ZONING COMMISSION.

SO WE WROTE THAT IN.

AND REQUIRES A RECORD PLAT TO BE IN GENERAL, CONFORMANCE WITH THE DEVELOPMENT PLAN OR SUBDIVISION SITE PLAN INCLUDES REVIEW AND ACTION REQUIREMENTS RELATED TO RECORD PLOTS, MINOR PLOTS. AND SO THIS IS AGAIN KIND OF FOLLOWING THAT SAME LANGUAGE WE HAD IN DPS AS FAR AS WHAT'S THE PROCESS OF APPROVAL FOR ADMINISTRATIVE OR THE TOWN.

AND THEN THE 90-274 LARGE LOTS.

THIS IS A SECTION THAT WE'RE JUST PROPOSING TO TAKE OUT IT BECAUSE IT SAYS THAT.

[02:55:05]

ANYWAY, IT KIND OF WROTE IN THESE SUBJECTIVE STANDARDS THAT COULD BE CONSIDERED IN DETERMINING WHETHER OR NOT YOU WOULD ALLOW THIS PLAT TO BE APPROVED.

AND THE CHANGES TO STATE LAW DON'T ALLOW ANY SUBJECTIVE STANDARDS IN MAKING THAT DETERMINATION.

IF IT MEETS REGULATIONS, IT HAS TO BE APPROVED.

ALSO, THE MULTIPLE STRUCTURE TRACKS.

THIS IS AGAIN, I THINK, JUST A HOLDOVER FROM A LONG TIME AGO.

IT MADE A REFERENCE TO PLATTING STRUCTURE TRACKS.

THAT'S NOT A TERM THAT'S DEFINED WITHIN OUR CURRENT CODE.

SO WE WERE JUST TAKING THAT LANGUAGE OUT.

ARTICLE FOUR STANDARDS AND DIVISIONS FOR STREETS.

SO THERE ARE VARIOUS SECTIONS THAT ARE GOING TO BE AMENDED TO, AS I MENTIONED BEFORE, TAKE OUT ANY OF THAT DUPLICATE OR INCORRECT INFORMATION THAT DIDN'T MATCH UP WITH DESIGN CRITERIA, MANUAL OR FIRE CODE.

AND THEN ALSO WE UPDATED THE SECTIONS 90-315 AND 316 TO MEET WHAT WE DISCUSSED WITH FUTURE STREETS AND CURRENT STREETS AND FOLLOW ALL THAT CRITERIA.

AND THEN WE ALSO PROPOSE TO ADD A 25 FOOT LANDSCAPE BUFFER REQUIREMENT ADJACENT TO RAILROAD BUFFER.

BEFORE IT JUST SAID YOU SHOULD HAVE A RAILROAD BUFFER, BUT THERE WERE REALLY NO SPECIFICS OF WHAT SOMEONE SHOULD DO.

IT JUST TALKED ABOUT DIFFERENT THINGS TO CONSIDER, AND SO WE DECIDED TO JUST PUT IN THERE A STANDARD THAT WOULD FOLLOW WHAT YOU WOULD DO WITH ANY OTHER KIND OF MAJOR THOROUGHFARE.

THIS IS THE WATER SUPPLY AGAIN, JUST MADE THAT REFERENCE THAT PLATS INCLUDES CERTIFICATION OF GROUNDWATER BASED ON STATE LAW WHEN APPLICABLE.

ONSITE SEWAGE FACILITIES.

THIS IS FOR THE EXEMPTION FOR WHEN RESIDENTS CAN OR DEVELOPERS, IF IT'S FOR LOTS OR LESS, CAN REQUEST THAT EXEMPTION OR EXCEPTION SO THAT THEY CAN STILL USE SEPTIC SYSTEMS. AND BEFORE IT SAID YOU WOULD REQUEST IT WITH A PLAT.

SO JUST UPDATING IT TO SAY SUBDIVISION, SITE PLAN OR PLAT BECAUSE AGAIN, NOW WE'LL KNOW THE DETAILS WITH THE SUBDIVISION SITE PLAN.

AND THEN LASTLY THE CHARACTER AND MINIMUM DEDICATION FOR PARKS AND TRAIL OR FOR TRAILS AND BIKEWAYS MASTER PLAN.

THIS IS JUST MATCHING THE INFORMATION THAT THE COUNCIL RECENTLY ADOPTED FOR THE TRAILS AND BIKEWAYS MASTER PLAN.

IT REQUIRES TRAILS BE INSTALLED BY DEVELOPER.

INCREASES MULTI-PURPOSE TRAIL FROM 8 TO 12FT TEN FEET IN INSTANCES WHERE RIGHT OF WAY IS CONSTRAINED.

REMOVES TRANSMISSION PIPELINE TRAILS.

THAT'S NOT A RECOGNIZED TRAIL TYPE.

RENAMES ACCESS WALKWAY TO CONNECTOR.

INCREASES EQUESTRIAN HEIGHT CLEARANCE FROM 10 TO 12FT AND DEFINES THAT EQUESTRIAN TRAIL SHALL CONSIST OF COMPACTED EARTH.

SO THAT'S JUST TO MATCH ALL OF THOSE OTHER STANDARDS THAT WERE ADOPTED.

AND IF YOU GO BACK ONE, PLEASE.

YES. SO BACK TO THIS RIGHT OF WAY DISCUSSION.

IF WE NOW HAVE TO PAY FOR 50% MORE TO INCREASE FROM 8FT TO 12FT.

THAT'S SO FOR THE MULTIPURPOSE TRAILS.

I MEAN, THIS IS DIFFERENT FROM THE RIGHT OF WAY FOR THOROUGHFARE.

THOROUGHFARE. OKAY. I JUST WANT TO MAKE SURE.

AND SO THIS WOULD BE DEDICATED TO US WITHOUT BEING SUBJECT TO THE REQUIREMENT THAT WE HAVE TO PAY FOR ALL OF IT.

YES. OKAY, COOL.

ANY OTHER QUESTIONS? I DON'T THINK SO. DO YOU HAVE ANY MORE? I THINK THAT WAS IT. I DON'T.

JUST TO CONFIRM, IS THERE ANY MORE QUESTIONS FOR STAFF? THANK YOU, LEXIN.

ALL RIGHT. WITH THAT, THE TIME IS NOW 9:07.

AND I AM OPENING THE PUBLIC HEARING FOR 23-0004 THERESA.

DO WE HAVE ANY GREEN COMMENT CARDS? WE DO NOT. IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK DURING THE PUBLIC HEARING? PLEASE STAND UP OR RAISE YOUR HAND.

THE TIME IS 9:08 AND THE PUBLIC HEARING IS CLOSED.

OKAY. COUNCIL FOR DISCUSSION.

I MEAN, YOU KNOW WHAT I'M GOING TO SAY, WHICH I THINK IT'S KIND OF SOMETHING WE HAVE TO DO BASED ON WE'RE GOING TO HAVE TO DO IT, EVEN THOUGH I STILL WANT TO KNOW WHAT HAPPENS IF WE DON'T.

WE'RE IN VIOLATION OF STATE.

I KNOW, BUT UNTIL SOMEONE BRINGS IT FORWARD AND MAKES A SPECIFIC ACCUSATION, NOTHING HAPPENS, RIGHT? IT'S JUST. I THINK THE MOST LIKELY RISK THAT YOU FACE IS IF YOU RUN OUT THAT SHOT CLOCK.

IT DOESN'T MATTER WHAT OUR REGULATIONS SAY.

YOU COULD HAVE A DEVELOPER APPLICANT SEEK A DECLARATION THAT THEIR DEVELOPMENT PLAN OR PLAT HAS JUST BEEN APPROVED, AND THAT'S THAT'S WHAT YOU FACE. ALL RIGHT.

JUST A TOUGH PILL TO SWALLOW.

[03:00:02]

I DO LIKE HAVING THE OPTION THAT YOU PRESENTED LEXIN WITH THE STRAIGHT ZONING.

SO THAT WOULD JUST GIVE US MORE INFORMATION WHEN WE'RE.

WAS THAT THE MAIN IDEA? YEAH, IT WOULD HAVE BE. THERE WOULD BE ADDITIONAL INFORMATION YOU COULD CONSIDER WITH A ZONING APPLICATION.

YEAH. DO WE HAVE TO ASK THE STATE LEGISLATURE FOR THAT? NO, JUST THEY'LL TELL US IN TWO YEARS.

STANDBY. SO THEN WE JUST NEED TO MAKE SURE BRYN.

RIGHT, THAT WE GET THAT IN THE MOTION AS AN OPTION.

YES, SIR. AND ALL RIGHT, WELL, IF THERE IS NO MORE DISCUSSION, I'LL ENTERTAIN A MOTION.

I'LL MOVE APPROVAL OF REGULAR ITEM K FOUR, WITH THE OPTION FOR DEVELOPMENT PLANS TO BE CONSIDERED CONCURRENTLY WITH STRAIGHT ZONING REQUESTS.

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

COUNCILMEMBER TAYLOR.

AYE. COUNCILMEMBER DREW.

AYE. COUNCILMEMBER SCHIESTEL.

AYE. ITEM 4 LDR23-0004.

PASSES BY UNANIMOUS VOTE.

MOVING ON TO ITEM NUMBER FIVE, HIGH ROAD WATER LINE PHASE TWO CONSTRUCTION AWARD.

[K.5. High Road Water Line Phase II Construction Award - Consider approval of a Construction Agreement with A & B Construction, LLC for the High Road Water Line Replacement Phase II project, in the amount of $3,413,006.00; and authorization for the Mayor to execute same on behalf of the Town.]

STARTING US OFF WILL BE MR. BRIAN WALTENBURG.

THERE HE IS. AND JUST MAKE SURE.

OKAY. ASSISTANT DIRECTOR OF ENGINEERING.

THANK YOU FOR THAT NICE INTRODUCTION.

JUST READING MY NOTES CAUSE I TEND TO SOMETIMES SKIP OVER IMPORTANT DETAILS.

NO WE'RE GOOD. LIKE, THE DOUBLE COMMA RULE.

OH, BECAUSE OF THE AMOUNT.

THERE WE GO. DOUBLE COMMA RULE.

OH LOOK AT THAT 3.4.

SO WE HAVE THREE OF THOSE DOUBLE COMMA RULES TONIGHT.

WE'VE GOT TWO OTHER FOLLOWING US FOLLOWING THIS ONE.

BUT HIGH ROAD WATER LINE REPLACEMENT PHASE TWO CONSTRUCTION AWARD.

THIS IS THE PROJECT OVERVIEW.

SIMPLE MAP THERE ON THE RIGHT.

PHASE ONE AND THREE ARE IN GREEN.

THEY'VE BEEN COMPLETED. AND THIS IS PHASE TWO.

PHASE TWO IS COMPLETED AFTER THREE JUST FOR CONSTRUCTABILITY ISSUES.

JUST MAKING SURE THAT THE MAIN LINE WAS INSTALLED FIRST DOWN HIGH ROAD.

THIS WILL BE DONE IN THE FRANKLIN HILLS DEVELOPMENT.

THAT RED AREA. IT'S APPROXIMATELY 11,500 LINEAR FEET OF EXISTING 1 INCH TO 3 INCH WATER MAIN.

IT'S ALSO SUBSTANDARD MATERIALS.

THE PROJECT IN THAT AREA WAS PREVIOUSLY INSTALLED PRIOR TO THE TOWN'S INCORPORATION.

SO WHAT WE WE'LL PUT IN NOW IS NEW EIGHT INCH PVC WATER MAINS.

THE REASON WE'RE DOING IT IS OBVIOUSLY CONDITION, AGE, MATERIAL BREAK HISTORY, THE AMOUNT OF MAINTENANCE WE GO OUT THERE AND DO WORK, AND ALSO FOR FIRE PROTECTION.

SO WE'LL INSTALL WITH EIGHT INCH MAINS, NEW HYDRANTS WHICH WILL ALLOW FIRE PROTECTION IN THE AREA.

THE VERIFIED BID RESULTS.

YOU ONLY SEE ONE THERE.

AND ACTUALLY THIS IS THE SECOND TIME WE BID.

THIS IS THE A AND B CONSTRUCTION WAS THE ONLY BIDDER.

YOU CAN SEE IT WAS BELOW THE ENGINEERS OPCC BY 400,000.

WE ALSO LOOKED AT INDIVIDUAL UNIT PRICES AND EACH INDIVIDUAL UNIT PRICES.

WE LOOKED AT JUST BECAUSE OF A SINGLE BIDDER.

AND WE WERE COMFORTABLE WITH ALL THE LINE ITEMS. THEY WERE IN LINE WITH ALL THE COST ESTIMATED, WITH COST ESTIMATED.

AND ALSO WE LOOKED AT OUR RECENT BID PRICES, SO EVERYTHING FELL IN LINE.

WE'RE ALSO COMFORTABLE WITH THE CONTRACTOR FOR THIS AS THE REASON WE'RE MOVING FORWARD TO AWARD THIS OR REQUESTING TO AWARD.

THE SCHEDULE WILL GO, PROJECT WAS BID IN AUGUST.

WE'RE DOING THE CONSTRUCTION AWARD TONIGHT.

DUE TO MATERIAL LEAD TIMES WE'RE LOOKING AT SPRING TIME FOR NOTICE TO PROCEED.

BEFORE WE START CONSTRUCTION, WE'LL DO OUR SECOND NEIGHBORHOOD MEETING.

THE FIRST NEIGHBORHOOD MEETING WAS DONE DURING DESIGN JUST TO LET EVERYBODY KNOW THE FIRST THREE PHASES WERE BEING DONE.

SO WE'LL HAVE A SECOND ONE JUST TO BRING EVERYBODY UP TO SPEED FOR THIS LAST PHASE.

AND THEN IN FALL 2024, WE'LL HAVE OUR SUBSTANTIAL AND FINAL COMPLETIONS.

AND THOSE DATES ARE JUST BASED ON THAT NOTICE TO PROCEED DATE, WHICH MAY SHIFT A LITTLE BIT BASED ON MATERIALS.

DO YOU HAVE ANY QUESTIONS? COUNCIL DO YOU HAVE ANY QUESTIONS? WILL THE ROAD QUALITY BE IMPROVED AT ALL THROUGH THAT NEIGHBORHOOD AFTER THIS IS DONE.

SO THIS IS WILL BE ALL OF OUR ROADS IN TOWN WE LOOK AT BASED ON OUR SCORES.

AND WE RUN THOSE SCORES EVERY ROUGHLY THREE YEARS.

BUT THIS AFTER THIS PROJECT WITH THE SAME AS THE HIGH ROAD, PHASE ONE AND PHASE TWO, WE LOOK AT THOSE ROADS A LITTLE MORE CLOSELY AFTER WE DO A WATER LINE PROJECT.

AND THOSE PREVIOUS ROADS WERE ALSO RE RESURFACED.

SO THESE WILL ALSO BE LOOKED AT AT THAT TIME.

BUT THERE'S NO NEED TO TEAR UP THE ROAD AND REPLACE IT AS PART OF THIS.

CORRECT. YEAH. IT'LL JUST BE A TRENCH AND THAT WILL BE THE NEW ASPHALT IN THAT TRENCH.

OKAY I SEE.

[03:05:03]

ANYONE ELSE. OTHERWISE, I'LL ENTERTAIN A MOTION.

MOVE TO APPROVE REGULAR ITEM K FIVE AS PRESENTED.

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

COUNCIL MEMBER SCHIESTEL.

DREW. AYE. COUNCIL MEMBER TAYLOR.

AYE. COUNCIL MEMBER.

AYE. ITEM NUMBER K 5 HIGH ROAD WATER LINE PHASE TWO.

CONSTRUCTION AWARD PASSES BY UNANIMOUS VOTE.

MOVING ON TO ITEM NUMBER SIX.

[K.6. Hillside Lane Reconstruction Construction Award - Consider approval of a Construction Agreement with 3D Paving and Contracting, LLC, for the Hillside Lane Reconstruction project, in the amount of $1,385,393.60; and authorization for the Mayor to execute same on behalf of the Town.]

HILLSIDE LANE RECONSTRUCTION CONSTRUCTION AWARD.

MR. DALE CROWN, SENIOR PROJECT ENGINEER.

GOOD EVENING SIR. GOOD EVENING.

THIS IS ANOTHER TWO COMMA, JUST IN CASE YOU'RE WONDERING.

SO HILLSIDE LANE RECONSTRUCTION CONSTRUCTION AWARD.

SO HILLSIDE LANE, WE'RE GOING TO BE RECONSTRUCTING HILLSIDE LANE FROM EDGEFIELD TRAIL TO TIMBER VALLEY DRIVE AS PART OF THIS PROJECT WILL BE REPLACING THE ASPHALT ROAD THERE WITH A CONCRETE SECTION THAT MEETS OUR CURRENT REQUIREMENTS.

ALONG THIS STRETCH OF ROAD WILL BE INSTALLING NEW SIDEWALKS AND PUTTING IN ADA RAMPS WHERE NEEDED THERE AT THE INTERSECTIONS.

AS PART OF THIS PROJECT, WE'LL ALSO BE INSTALLING A NEW EIGHT INCH SANITARY SEWER LINE TO REPLACE THE SIX INCH CLAY SEWER LINE THAT'S CURRENTLY THERE THAT WE'VE HAD SOME MAINTENANCE ISSUES WITH.

OVERALL, A STRETCH OF ROAD IS ABOUT 1200 LINEAR FEET.

HERE'S A VICINITY MAP SHOWING WHERE IT'S LOCATED.

NEIGHBORHOOD IS BASICALLY SOUTH OF CROSS TIMBERS BETWEEN KIRKPATRICK LANE AND GARDEN RIDGE BOULEVARD.

EDGEFIELD TRAIL TO THE WEST IS A ROAD THAT WE RECENTLY RECONSTRUCTED IN TIMBER VALLEY DRIVE IS A ROAD THAT'S ON THE CIP PLAN, TO BE DESIGNED THIS YEAR AND CONSTRUCTED ABOUT A YEAR FROM NOW.

SO WE HAD THREE BIDDERS ON THIS PROJECT.

THREE 3D PAVING WAS THE LOWEST OF THE THREE.

THEY'VE PERFORMED PROJECTS FOR THE TOWN IN THE PAST.

THEY PERFORM WELL, BUT THOSE PROJECTS, SO THEY ARE QUALIFIED TO DO THIS WORK.

WE ALSO HAD AN ALTERNATIVE, AN ALTERNATE BID ITEM FOR THIS THAT'S NOT SHOWN HERE, BUT WE WERE LOOKING AT DIFFERENT OPTIONS SO THAT COULD BE AS COMPETITIVE AS POSSIBLE.

BUT THE BASE BID WHICH INCLUDES FLEXIBLE BASE AGGREGATE UNDERNEATH THE ROAD, THAT'S THE PREFERRED METHOD AND COMPARABLE PRICES.

AND IT'LL TAKE A LITTLE LESS TIME TO DO SO.

IT'S A WIN WIN WE FEEL.

SO HERE'S A PROJECT SCHEDULE.

SO WE BID THE PROJECT IN AUGUST.

IF AWARDED TONIGHT, WE'LL HAVE A NEIGHBORHOOD MEETING, LIKELY BETWEEN THANKSGIVING AND CHRISTMAS.

AND THEN WE'RE LOOKING AT A NOTICE TO PROCEED RIGHT AROUND JANUARY.

THE PROJECT WILL TAKE ABOUT FIVE MONTHS TO GET TO SUBSTANTIAL COMPLETION, SIX MONTHS TO GET TO FINAL COMPLETION.

SO STARTING IN JANUARY, WE SHOULD HAVE THIS THING WRAPPED UP MID TO LATE SUMMER.

RIGHT NOW, UNAWARE OF ANY POTENTIAL LEAD TIME DELAYS WITH THIS PROJECT.

WE'RE WORKING ON SEWER. NO WATER.

WATER SEEMS TO KIND OF BE THE THING THAT DELAYS OUR PROJECTS THESE DAYS.

AND OF COURSE THE CONTRACT DATES ARE BASED ON THE NOTICE OF PROCEED DATE.

SO WE DID HAVE A LEAD TIME ISSUE.

IT WOULD GET SHIFTED OUT A LITTLE BIT.

AND THAT CONCLUDES THE PRESENTATION.

DO YOU HAVE ANY QUESTIONS.

THANK YOU MR. [INAUDIBLE].

COUNCIL DO YOU HAVE ANY QUESTIONS? WELL, MR. CROWN. SORRY. WITH THAT, I'LL ENTERTAIN A MOTION.

MOVE TO APPROVE ITEM K 6 AS PRESENTED.

SECOND. ANY DELIBERATION ON THE MOTION.

THERESA WE HAVE A MOTION AND A SECOND.

PLEASE CALL THE ROLL. COUNCILMEMBER TAYLOR.

AYE. COUNCILMEMBER DREW.