May 20, 2024 Town Council Archive

>> DO WE NEED TO DELIBERATE ON ANYTHING ON THIS? DO WE HAVE ANYTHING TO DISCUSS?

>> I'LL MAKE A MOTION, MAYOR.

>> MOVE APPROVAL OF REGULAR ITEM K2 AS PRESENTED.

>> SECOND. TERESA, CAN YOU TAKE THE ROLE?

>> COUNCIL MEMBER WARNER?

>> DEPUTY MAYOR [INAUDIBLE].

>> MAYOR POTE MARTIN.

>> COUNCIL MEMBER DREW?

>> PASSES. THE NEXT PRESENTATION WILL BE ITEM NUMBER 3,

[K.3. DA23-0004 - VCA Animal Hospital - Consider approval of an amendment to the Development Agreement (DA23-0004) with VCA Real Property Acquisition Corporation, to amend Sections 7, 8, and 9 of the Original Agreement to modify standards related to an existing masonry wall and landscaping within the 25-foot landscape buffer along the northern property line; and authorization for the Mayor to execute same on behalf of the Town.]

DA 23-0004 VCA ANIMAL HOSPITAL, AND THE PRESENTER IS LEXIN.

[01:10:01]

>> THANK YOU, MAYOR, COUNCIL.

THE NUMBER OF DEVELOPMENT APPLICATIONS BEFORE YOU TONIGHT.

I HAVE THEM ALL TOGETHER IN ONE PRESENTATION.

THE FIRST ONE, AS MENTIONED, IS THE PROPOSED DEVELOPMENT AGREEMENT AMENDMENT FOR VCA ANIMAL HOSPITAL.

HERE IS THE GENERAL LOCATION OF THE PROPERTY.

I CAN SEE IT'S WEST OF LONG PRAIRIE, SOUTH OF SAGEBRUSH.

THIS IS THE EXISTING ANGELET PROPERTY.

THE LAND USE IS RETAIL AND THE ZONING IS.- RETAIL 2.

THIS IS WHAT'S BEING PROPOSED.

THE EXISTING DEVELOPMENT AGREEMENT WAS APPROVED BACK IN 2006.

AT THE TIME THAT DEVELOPMENT AGREEMENT WAS WRITTEN, THE THOUGHT WAS THAT WHEN THE PROPERTY TO THE NORTH OF THIS ACTUALLY WAS REZONED FOR COMMERCIAL OR NON-RESIDENTIAL PURPOSES, THAT THE COMPATIBILITY WALL, THE SIX-FOOT MASONRY WALL WOULD BE REMOVED AT THAT TIME, BECAUSE IT WOULD ALL BE NON-RESIDENTIAL DEVELOPMENT.

THE APPLICANT IS INTERESTED IN KEEPING THE WALL NOW.

AS MENTIONED, THEY ARE A VETERINARY CLINIC, AND SO THEY WOULD LIKE TO HAVE SOME OUTSIDE SPACE FOR ANIMALS.

RATHER THAN TAKING THAT DOWN AND PUTTING UP ANOTHER FENCE, THEY WANTED TO UTILIZE THE EXISTING MASONRY WALL AND THEN ALSO PUT IN A SIX-FOOT CHAIN LINK FENCE THERE BLACK VINYL COVERED TO THE REAR THAT WOULDN'T BE AS NOTICEABLE AND THEN DO THE BLACK FOUR-FOOT WROUGHT IRON FENCE IN THE FRONT YARD OF THE PROPERTY AS A PUPPY GUARD.

THE GREEN AREA, THAT FRONT WROUGHT IRON WOULD BE 185 FEET.

THE RED IS APPROXIMATELY 150 FEET OF THE CHAIN LINK FENCE, AND THEN AGAIN, THE MASONRY WALL WOULD REMAIN.

THAT'S WHAT'S BEING PROPOSED BY THE APPLICANT.

HERE'S SOME PHOTOS FROM THE SITE.

THIS IS LOOKING NORTH THE FRONT OF THE PROPERTY WHERE IT RUNS ALONG 2499.

THIS IT'S LOOKING EAST, BUT IT'S COMING FROM THE REAR OF THE PROPERTY.

THIS IS THAT EXISTING MASONRY WALL THAT WOULD STAY, AND THIS IS WHERE THE BLACK CHAIN LINK FENCE WOULD GO IN PLACE TO THE REAR OF THAT.

THEN THIS IS LOOKING AGAIN, NORTHEAST AND JUST SHOWING THAT SIDE YARD YET AGAIN.

THERE'S ALSO SOME EXISTING SHRUBS THAT WERE REQUIRED TO BE PLANTED AS PART OF THAT COMPATIBILITY BUFFER.

THEY WOULD LIKE TO REMOVE THOSE.

THEY HAVE NOT SURVIVED DUE TO THE AMOUNT OF SHADE AND RATHER THAN REPLACING THEM AND CONTINUING TO STRUGGLE WITH THE SHADE THERE AND KEEPING THOSE ALIVE, THEY WOULD LIKE TO HAVE PERMISSION TO REMOVE THOSE.

THEY WOULD PUT SOD IN THE AREA.

THERE AGAIN IS THE SITE PLAN.

THIS IS THE LANDSCAPE PLAN.

THESE ARE SHOWING THE BUSHES THAT WOULD BE REMOVED IS WHAT'S NOTED IN RED THERE.

HERE'S AN EXAMPLE OF THAT BLACK IRON FENCE WITH THE PUPPY PANEL AT THE BOTTOM FOR THE FRONT YARD.

HERE'S AN EXAMPLE OF THE BLACK CHAIN LINK FENCE THAT WOULD GO IN THE SIDE YARD.

THIS IS JUST AN EXAMPLE EIGHT BY EIGHT FOOTER UNDER THE FENCE.

HERE'S THE EXISTING LANGUAGE.

LIKE I SAID, BASICALLY JUST TALKED ABOUT HOW THAT WALL WOULD BE REMOVED, THE SOIL WOULD BE STABILIZED, ANY REQUIRED LANDSCAPING INSTALLED WHENEVER THE PROPERTY WAS REZONED TO THE NORTH.

HERE'S THE NEW LANGUAGE THAT'S PROPOSED.

THE EXISTING SIX-FOOT MASONRY WALL ALONG THE NORTHERN PROPERTY LINE IS PERMITTED TO REMAIN AS A BUFFER BETWEEN THE PROPERTY AND THE ADJACENT PROPERTY.

THE DEVELOPER WILL MAINTAIN THE WALL.

DID WORK WITH EMBRY, THE DEVELOPER FOR THE PROPERTY TO THE NORTH TO GET A WALL EASEMENT THAT THEY HAVE PUT ON THEIR PLATE THAT HASN'T YET BEEN APPROVED, BUT THEY HAVE PROVIDED THAT EASEMENT LANGUAGE SO THAT IT WOULD BE THE RESPONSIBILITY OF VCA TO ACTUALLY MAINTAIN THAT WALL MOVING FORWARD AND WOULDN'T BE A BURDEN ON EMBRY SINCE IT WOULD NOT BE A REQUIREMENT.

AGAIN, FOLLOWING REMOVAL OF THE SHRUBS CONTAINED IN THE 25-FOOT COMPATIBILITY BUFFER, THEY'LL INSTALL SOD THROUGHOUT THE ENTIRETY OF THAT AREA, AS I MENTIONED, AND THEN THE SIX FOOT VINYL COATED CHAIN LINK FENCE.

THE DEVELOPER MAY INSTALL A FENCE PET RELIEF AREA, NOT TO EXCEED 10,000 SQUARE FEET.

THERE ARE SOME CONDITIONS THAT WOULD BE ASSOCIATED WITH THAT.

THESE ARE THE CONDITIONS THAT STAFF TYPICALLY REQUIRES FOR ANY OUTDOOR OR PET RELIEF AREA.

FOR SPS THAT COME FORWARD, NO ANIMALS CAN BE UNMONITORED IN THE PET RELIEF AREA.

ANY USE OF IT REQUIRES A MINIMUM OF ONE EMPLOYEE AND THERE HAS TO BE AT LEAST ONE EMPLOYEE PER TWO ANIMALS AT ALL TIMES.

THAT IS THE CAPTION.

THE ONLY OTHER THING I WANTED TO MENTION IS

[01:15:01]

THAT IF COUNCIL MEMBERS REMEMBER WHEN THE EMBRY DEVELOPMENT CAME FORWARD, THERE WAS SOME DISCUSSION ABOUT THE ENTRANCE ALSO BECAUSE THIS IS NOT PART OF THIS REQUEST, BUT THIS SAME 2006 DA DOES REQUIRE THAT THE CURRENT ENTRANCE FOR VCA BE REMOVED AT THE TIME THAT THE SPINE ROAD IS COMPLETED.

HAVEN'T GOTTEN TO THAT POINT YET, EMBRY HAS NOT MOVED FORWARD WITH THEIR PLANS YET, BUT THE APPLICANT IS, I THINK, POTENTIALLY INTERESTED IN ADDRESSING THAT, BUT THEY WERE NOT READY YET BECAUSE STAFF DID LET THEM KNOW THAT IT WOULD REQUIRE A TIA JUST TO VERIFY THAT THERE WOULDN'T BE IMPACTS TO TRAFFIC FROM KEEPING THAT ENTRANCE POINT.

THIS WAS THEIR TOP PRIORITY AND THEY WANTED TO GO AHEAD AND COME FORWARD WITH THIS REQUEST IN RELATION TO THE FENCING AND THE WALL.

AT THIS TIME, BUT THERE IS A POSSIBILITY THAT IF EMBRY MOVES FORWARD AND GETS THE SPINE ROAD CONSTRUCTED THAT THEY COULD BE BACK IN THE FUTURE.

THE APPLICANT DOES NOT HAVE A PRESENTATION, MY UNDERSTANDING THEY WERE COMING TO THE MEETING TO ANSWER ANY QUESTIONS.

DO YOU HAVE ANY QUESTIONS FOR ME?

>> LEXIN, THE ENTRANCE TO THE BUILDING IS ON THE REAR AWAY FROM 2499.

THAT SMALL YARD WITH THE FOUR FOOT FENCE IS THE FRONT OF THE BUILDING FACING.

IT'S A LITTLE BIT BACKWARDS, BUT OKAY.

THAT MAKES SENSE IN THAT CONTEXT.

I DON'T HAVE ANY PROBLEM WITH THIS, SO I THINK WE SHOULD PROBABLY JUST MAKE A MOTION.

>> YEAH

>> WAIT, I WANT TO DELIBERATE JUST A LITTLE BIT BECAUSE I ACTUALLY DO HAVE SOME CONCERNS WITH PUTTING THAT FENCE IN THE FRONT OF THE BUILDING AND KNOWING THAT IT'LL BE A PET AREA.

I DON'T THINK THAT THAT'S SOMETHING I WANT TO LOOK AT FROM 2499.

MY OTHER CONCERN, ALTHOUGH THIS IS NOT A PUBLIC HEARING, AND I DON'T HEAR OR SEE ANYONE FROM EMBRY COMING FORWARD IS THE 10,000 SQUARE FOOT PET RELIEF AREA AND I'D LIKE TO KNOW WHERE THAT WILL BE IN RELATION TO THE EMBRY DEVELOPMENT GIVEN THE FACT THAT THEY HAD PLANNED SOME PATIO SITUATIONS.

I THINK IN OUTDOOR AREA OF THAT SIZE.

I KNOW IT SAYS THEY'RE SUPPOSED TO BE ATTENDED, BUT I DON'T KNOW HOW WE WOULD ENFORCE THAT.

I DON'T WANT TO CREATE A SITUATION FOR OUR RESTAURANT PARTNERS WHO WILL BE COMING IN WHERE THEY WILL BE SMELLING PET REFUSE, WHICH MAY OR MAY NOT BE CLEANED UP IMMEDIATELY, AND ALSO THE BARKING THAT CAN ENSUE, IT CAN BE VERY DISTURBING.

I DO HAVE AN ADJACENCY ISSUE WITH THE USE AS PROPOSED.

>> THIS IS THE EMBRY SITE PLAN OR CONCEPT PLAN, JUST TO GIVE AN IDEA.

HERE, IMMEDIATELY ADJACENT TO VCA, THERE'S A DETENTION AREA AND THERE'S SOME EXISTING TREES.

IT DOESN'T APPEAR THAT THEY HAVE PLANNED ANY OF THEIR SEATING AREAS FOR THE RESTAURANTS IMMEDIATELY ADJACENT TO THAT, BUT I SOMEONE COULD ALWAYS.

>> THAT'S THE QUEUING FROM THE DRIVE THROUGH LEXIN.

THOSE LITTLE RECTANGLES?

>> YES. THAT DIRECTLY NORTH OF THE DETENTION AREA.

THAT'S QUEUING FOR THE BATHROOM.

>> IT DOES MAKE ME FEEL BETTER, BUT I'M STILL NOT CRAZY ABOUT PETS RUNNING AROUND THE FRONT OF THE BUILDING FACING 2499, AND I DON'T LIKE THE IDEA OF THE FENCE BECAUSE I THINK IT JUST INTERRUPTS THAT VIEW.

I KNOW TYPICALLY WE TALK ABOUT THE SCENIC VISTA IN THE CROSS TIMBERS AREA, BUT I THINK THAT LANDSCAPED AREA IS ALSO VERY NICE AS IS WITHOUT A FENCE THERE, MY OPINION.

I DON'T KNOW IF ANYONE ELSE HAS ANY CONCERNS ABOUT THAT, BUT I JUST WANTED TO MAKE SURE I VOICE THAT.

>> I AGREE THAT FRONT IS VERY NICE AND IT LOOKED LIKE THAT THE FENCE WAS GOING TO BE IN THE INDENTION BEHIND THE SWALE.

IT DIDN'T LOOK LIKE IT WAS GOING TO BE TERRIBLY NOTICEABLE.

CORRECT ME IF I'M WRONG, IT WAS REALLY JUST AS AN EXTRA GUARD AND SO THAT KEEP DOGS FROM GOING INTO THE ROADWAY.

THAT WAS NOT GOING TO NECESSARILY BE A PET RELIEF AREA.

WE CAN BRING THE APPLICANT UP HERE TO ANSWER QUESTIONS.

IT DOES LOOK LIKE THIS GREEN AREA IS LIKE THE PUPPY GUARD AREA, WHICH IS IN THE FRONT.

IT DOESN'T EXTEND ALL THE WAY TO WHERE THE SIDEWALKS ARE.

THEN THIS BACK AREA IS WHERE I THINK WOULD BE THE ACTUAL PET RELIEF AREA, BUT I'LL LET THEM SPEAK MORE TO IT.

>> YOU SHOULDN'T BE ABLE TO SEE THE FENCE WELL FROM 2499 BECAUSE IT'S ACTUALLY SHADED.

>> LEXIN, CAN YOU PUT THE PICTURE UP OF THE FRONT? SORRY.

>> THAT'S ONE UP ABOVE THERE.

>> IT'S FROZEN. THERE WE GO.

>> WHERE YOU CAN SEE THE SHADOWING RIGHT THERE IN THE FRONT, THAT'S THE AREA WHERE THE FENCE WOULD BE.

IT WOULD BE BEHIND THE TREES.

YOU STILL WOULDN'T BE ABLE TO SEE IT VERY WELL AND IT REALLY IS A MATTER OF SAFETY FOR THE ANIMALS.

[01:20:04]

>> HOW LONG IS THE DOG GOING TO BE IN THIS FENCED IN AREA? I THINK THEY'RE JUST GOING TO BE RUNNING WILD OR IS IT JUST GOING TO BE FIVE MINUTES IN AND OUT OF THING.

>> WE JUST TAKE THEM OUT FOR WALKS SO THAT'S 15 MINUTES.

WE ONLY TAKE ONE AT A TIME.

WE DON'T TAKE MULTIPLE DOGS, TYPICALLY.

IT'S ACTUALLY AN OSHA ISSUE.

>> THE BUILDING HAS A VERY RESIDENTIAL FEEL.

THAT'S WHY I THINK THAT IT DIDN'T BOTHER ME THAT MUCH WHEN I SAID YES, THE BUILDING IS BACKWARDS.

IT'S STRANGE BECAUSE THE ENTRANCE IS ON THE OTHER SIDE.

IT MAYBE IT WOULD MAKE MORE SENSE IF THE BUILDING HAD BEEN DESIGNED THE OTHER WAY AROUND AND IT WOULDN'T BE A PROBLEM, BUT IT IS WHAT IT IS AND JUST THE GENERAL LOOK OF IT WITH THE LANDSCAPING BEING FULL AND I THINK I'M OKAY WITH IT.

>> YOU HAVE FULL SCREENING WITH THOSE BUSHES ALONG THAT 2499, RIGHT?

>> I THINK THE ENTRANCE IS IN THE REAR BECAUSE THAT'S WHERE THE PARKING LOT IS AND AS A PET OWNER, I WOULD FEEL MUCH MORE COMFORTABLE HAVING MY PET BEHIND WHERE THE BIG BUSY ROAD IS, IF THEY GOT AWAY FROM ME BETWEEN MY CAR AND THE DOOR.

I UNDERSTAND THAT ASPECT OF IT, BUT I'M STILL NOT CRAZY ABOUT THE FENCE IN THE FRONT.

I THINK IT WILL LOOK DIFFERENT.

EVEN THOUGH IT HAS A RESIDENTIAL FEEL.

WE DON'T HAVE FOUR FOOT FENCES IN THE FRONT YARDS OF OUR HOMES.

TO ME, I DON'T THINK IT'S GOING TO BE ATTRACTIVE AND I BELIEVE IT WILL BE VISIBLE FROM THE STREET HAVING DRIVEN BY THERE SO MANY TIMES AND VISITED THAT PROPERTY MYSELF IN THE PAST.

I'M JUST NOT CRAZY ABOUT THAT ONE THING.

I AM OKAY WITH THE SIX FOOT CHAIN LINK FENCE.

I DEFINITELY THINK THOSE SHRUBS THAT ARE DEAD SHOULD BE REMOVED, SO I DON'T HAVE A PROBLEM WITH THAT.

I ACTUALLY ALSO DO LIKE THE IDEA OF KEEPING THAT MASONRY WALL.

I THINK THAT'LL GIVE SOME NICE VISUAL SCREENING TO THE PEOPLE GOING TO THE RESTAURANTS.

THEY DON'T HAVE TO WATCH WHAT IS GOING TO HAPPEN THERE.

>> CAN WE SEE WHAT THAT FENCE WAS? AGAIN, THAT WOULD BE PUT IN THE FRONT IF THAT WASN'T GOING TO BE THE CHAIN LINK FENCE.

THAT WAS GOING TO BE THE WROUGHT IRON.

THE ONE ON THE FAR LEFT.

>> JUST ONE POINT OF PERHAPS INTEREST FOR THE COUNSEL THAT IS ACTUALLY THE STANDARD WE WOULD APPLY IF SOMEBODY WANTED TO PUT A FENCE IN THEIR FRONT YARD, IS THAT IT WOULD BE THAT MAX OF FOUR FEET TALL? YOU'RE CORRECT THAT A LOT OF PEOPLE DON'T.

MOST PEOPLE DON'T NECESSARILY PUT A FENCE IN THEIR FRONT YARD, BUT IT'S THE SAME STANDARD WE WOULD APPLY TO THE FRONT YARD OF A RESIDENCE AS WELL.

>> GO AHEAD.

>> NO, GO AHEAD, ANN.

>> IF YOU TAKE AN ANIMAL OUT NOW FOR A WALK IN THAT AREA, THEY'RE ON A LEAD, CORRECT?

>> THAT'S CORRECT.

>> IF YOU HAD THE FENCING, WOULD YOU STILL KEEP THE ANIMAL ON THE LEAD?

>> THAT'S GOOD FOR THE ANIMAL SAFETY TOO BECAUSE I KNOW THERE ARE A NUMBER OF LARGE BREED DOGS THAT CAN CLEAR A FOUR FOOT FENCE IN ONE LEAD.

>> I THINK IT WOULD JUST MAYBE BE FOR SOME OF THE SMALLER DOGS.

DO WE KNOW THE RATIO BETWEEN THE SMALLER ANIMALS AND THE LARGER ANIMALS THAT YOU HAVE?

>> IT JUST DEPENDS ON REALLY BOARDING.

I WOULD SAY IT'S PROBABLY ONE TO ONE IN TERMS OF LARGE DOGS VERSUS SMALL DOGS.

WE'RE AN ANIMAL HOSPITAL, SO A LOT OF OUR DOGS ARE ELDERLY AND ON MEDICATIONS.

WE'RE NOT A DOGGY DAYCARE CENTER.

WE DON'T HAVE LOTS OF PLAY AREA OR ANYTHING LIKE THAT.

>> YOU DO HAVE BOARDING FOR NON.

>> WE DO HAVE BOARDING FOR NON MEDICAL.

>> I GUESS THE ONLY QUESTION I HAD WAS, LISTENING TO ANN'S CONCERN ABOUT THE FOUR FOOT FENCE IN THE FRONT YARD ON THE EAST SIDE.

IF YOU WEREN'T TO HAVE THAT FENCE THERE, BUT YOU WERE JUST TO HAVE THE FENCED IN AREA ON THE NORTH SIDE, WOULD THAT NEGATIVELY IMPACT WHAT YOU'RE TRYING TO DO AND WHAT YOU'RE TRYING TO ACCOMPLISH?

>> IT WOULD IN A CERTAIN POINT BECAUSE WE'RE ACTUALLY RESPONSIBLE FOR ALL OF THE FLOODING THAT COMES TO US, SO WE HAVE A MASSIVE FRENCH DRAIN THAT IS ACTUALLY RIGHT NOW COVERED WITH ROCK BECAUSE WE DON'T HAVE ANOTHER WAY TO TRY TO GET PAST THE FLOODING.

I DON'T KNOW IF THAT'LL CHANGE WHEN THE PROPERTIES AROUND US ARE DEVELOPED, BUT WE HAVE A MASSIVE EASEMENT IN THE FRONT THAT IS WHERE ALL THE FLOODING COMES DIRECTLY TO OUR FRONT YARD.

THE ONLY WAY THEY'VE BEEN ABLE TO OVERCOME THAT FLOODING IS WITH ROCK ON THE SIDE OF OUR PROPERTY.

>> I THINK THAT'S SHOWN IN THE PHOTO FROM THE REAR OF THE BUILDING AS WELL.

IT SHOWS A LOT OF ROCK DOWN THAT LEFT SIDE.

>> CAN WE PULL THAT BACK UP?

>> YOU'RE ALREADY SEEING EROSION RIGHT THERE.

>> YOU'RE SAYING YOU NEED THE AREA ON THE EAST SIDE OF THE BUILDING TO HAVE MORE OF THE GRASS FOR THE PETS, IS THAT RIGHT?

[01:25:06]

>> I DON'T REALLY KNOW HOW THE FENCE WOULD IMPACT THE DRAINAGE SITUATION, BUT LEXON SHOWED US THE SLIDE THAT SHOWED THAT THERE WILL BE A DETENTION AREA JUST ON THE OTHER SIDE OF THAT WALL.

I DON'T KNOW IF THAT WILL ALLEVIATE SOME OF THE FLOODING, BUT I DON'T THINK THE FENCE REALLY WOULD DO THAT.

BUT THE OTHER THING I WONDERED TOO IS, WHERE DOES YOUR PROPERTY LINE EXTEND BEHIND THE PARKING LOT? DO YOU OWN ANY OF THE PROPERTY BEHIND THAT TO THE WEST?

>> VERY SMALL AMOUNT.

IT'S LITERALLY JUST MAYBE TWO FEET BEHIND THE LINE.

>> THAT'S NOT REALLY AN ALTERNATIVE FOR WALKING.

>> NO.

>> THE OTHER THING I WONDERED, WELL, I GUESS THIS JUST CAME TO MIND TOO WITH THE ROCK AREA.

I DON'T KNOW IF YOU CONSIDERED SYNTHETIC TURF.

IT LOOKS LIKE THAT IS SHADED, SO MAYBE THAT WOULDN'T GET AS HOT AND MAYBE YOU COULD HAVE A SMALLER PET RELIEF AREA AND THEN A WALKING AREA TO THE SIDE.

>> I'VE ACTUALLY ASKED ABOUT THAT, AND THEY SAID THAT IT WOULDN'T ANCHOR WELL AT LEAST WITH THE WAY IT IS RIGHT NOW.

>> MY SECOND CONCERN WITH THE TURF IS THAT SOMETIMES WHEN PETS USE THE TURF, IT DOESN'T CLEAN UP QUITE AS WELL AS GRASS, SO THAT SMELL MAY LINGER LONGER ACTUALLY BECAUSE IT GETS TRAPPED IN THE TURF UNDERNEATH.

IT'S NOT ALWAYS AN OPTION.

>> THANK YOU. QUICK FOLLOW UP QUESTION ON THAT.

WHEN A PET DOES USE THE PET RELIEF AREA, IS THE REFUSE CLEANED UP IMMEDIATELY?

>> DO YOU ALL HAVE ANY OTHER QUESTIONS? ANYTHING ELSE? THANK YOU.

>> I'M COMFORTABLE APPROVING IT AS IT IS.

IF THERE'S CONSENSUS TO REMOVE THE FRONT FENCE, THEN I WOULD SUPPORT THAT IF THAT'S CONSENSUS, BUT IF THERE'S SUPPORT FOR THE FENCE AND THE PRESENTATION AS IT IS NOW, THEN I WOULD BE HAPPY TO MAKE A MOTION JUST TO APPROVE IT AS PRESENTED.

>> MY INITIAL THOUGHT IS IT'S TRYING TO HELP PROVIDE SOME SAFETY FOR THE ANIMALS THERE.

AESTHETICALLY, I THINK WE HAVE A LOT OF RESTAURANTS THAT HAVE PATIOS THAT HAVE SIMILAR FENCING.

SO I'M NOT TOO CONCERNED ABOUT IT.

I THINK IT'S A RELATIVELY NICE FENCE.

>> I AGREE, BUT I'M NOT VOTING.

>> WE NEED ONE MORE.

>> I'M FINE AS IS.

>> DOES SOMEBODY WANT TO MAKE A MOTION ON THIS?

>> I'LL MOVE APPROVAL OF REGULAR ITEM K3 AS PRESENTED.

>> WE HAVE A MOTION, WE HAVE A SECOND.

TERESA, DO YOU WANT TO CALL THE ROLL?

>> COUNCIL MEMBER TAYLOR?

>> COUNCIL MEMBER DREW?

>> DEPUTY MAYOR PRO TEM SHISTOL?

>> NAY.

>> COUNCILMEMBER WARNER.

>> WE HAVE A FOUR TO ONE.

IT PASSES. THANK YOU.

SO NEXT ITEM IS PUBLIC HEARING ON

[K.4. SUP24-0002 - Petfolk Veterinary Hospital - Public Hearing to consider an ordinance granting Specific Use Permit No. 491 (SUP24-0002- Petfolk Veterinary Hospital) to permit a veterinary hospital (inside pens) use. The property is generally located north of Cross Timbers Road and east of Long Prairie Road. (PZ recommended approval by a vote of 4 to 0 at its April 22, 2024, meeting.)]

SUP 24-0002 PETFOLK VETERINARY HOSPITAL.

LEXON IS GOING TO PRESENT.

>> YES. ANOTHER VETERINARY HOSPITAL REQUEST.

HERE IS THE GENERAL LOCATION OF THE PROPERTY.

IT IS NORTH OF CROSS TIMBERS AND EAST OF LONG PRAIRIE.

HERE'S A MORE DETAILED VIEW.

THE APPLICANT IS REQUESTING TO OCCUPY ONE OF THE SUITES WITHIN THIS EXISTING BUILDING.

THE USE IS VETERINARY WITH INSIDE PENS SO THAT DOES REQUIRE AN SUP IN THE RETAIL OR R2 ZONING.

AGAIN, THE LAND USE IS RETAIL AND THE ZONING IS RETAIL TOO.

HERE'S THE SUP SITE PLAN.

NO CHANGES PROPOSED TO THE PREVIOUSLY APPROVED SITE PLAN, SO THIS IS A SITE PLAN ACTUALLY FROM A NUMBER OF YEARS AGO.

HERE'S SOME PICTURES FROM THE SITE.

THIS IS LOOKING NORTH.

HERE WE ARE LOOKING EAST THE SIDE OF THAT BUILDING, AND THIS IS LOOKING WEST AT THE OTHER SIDE OF THE BUILDING.

SO THIS IS JUST NOTING ON THAT SITE PLAN WHERE THE ACTUAL SUITE THAT PETFOLK WOULD BE LOCATED IS WITHIN THE BUILDING.

OKAY. HERE'S THE LANDSCAPE PLAN.

AGAIN, THIS IS THE PREVIOUSLY APPROVED LANDSCAPE PLAN.

NO CHANGES ARE PROPOSED AS PART OF THIS.

THE SAME FOR THE ELEVATIONS, THEY ARE NOT PLANNING TO MAKE CHANGES TO THE EXTERIOR OF THE BUILDING.

THEY WILL SIMPLY UTILIZE THE EXISTING SPACE.

[01:30:01]

THE PROPOSED HOURS OF OPERATION ARE 8:00 A.M. TO 5:00 P.M. MONDAY THROUGH FRIDAY, AND 8:00 A.M. TO 6:00 P.M. SATURDAY AND SUNDAY.

I'M JUST GIVING YOU SOME GENERAL INFORMATION ABOUT THEIR BUSINESS.

THE CLINIC TYPICALLY CONSISTS OF TWO TO FOUR VETERINARIANS AND EACH OF THESE PROVIDERS SEE AN AVERAGE OF 10-15 PATIENTS PER DAY, WHICH CONSISTS OF 30 MINUTE VISITS WITH EACH PET.

AS FAR AS SUP CONDITIONS, THE ORDINANCE FOR THE SUP WILL INCLUDE THE FOLLOWING CONDITIONS FOR VETERINARY HOSPITAL INSIDE PENS USE.

THE BUILDING MUST BE TREATED ACOUSTICALLY SO THAT NOISE GENERATED BY THE ENTERPRISE IS NOT PERCEPTIBLE AT THE BOUNDING PROPERTY BOUNDARY LINE AS REQUIRED BY SECTION 98-998.

AGAIN, THAT IS ACTUALLY A REQUIREMENT OF THE TOWN'S CODE FOR THIS PARTICULAR USE TO ENSURE THAT THE BUILDING IS TREATED ACOUSTICALLY.

AGAIN, THERE IS THAT SITE PLAN.

I'D BE HAPPY TO ANSWER ANY QUESTIONS AND THE APPLICANT DOES HAVE A PRESENTATION.

I KNOW THIS CAME UP ON PLANNING AND ZONING WHEN I WAS ON THERE.

IF MEMORY SERVES ME RIGHT, I THINK THEY WERE ASKING THE NEIGHBORING BUSINESSES ABOUT APPROVAL ON THIS AND THERE WAS COMMUNICATION WITH THEM ABOUT THIS BUSINESS, IS THAT CORRECT?

>> I ASKED THE APPLICANT IF THEY'VE SPOKEN DIRECTLY WITH ANY OF THE NEIGHBORING BUSINESSES.

I KNOW THAT THE LANDLORD HAD REACHED OUT TO STAFF AND WAS SUPPORTIVE OF THE REQUEST.

THEN, OF COURSE, THERE IS AN SUP SIGN THAT'S POSTED ON THE PROPERTY.

WE DID NOT RECEIVE ANY COMMENTS OR QUESTIONS FROM ANYONE IN RELATION TO THE PROPOSAL.

>> DOES THE APPLICANT WANT TO COME FORWARD? THANK YOU.

>> GOOD EVENING. MY NAME IS BRIANNA MADDY.

I AM THE PETFOLK REPRESENTATIVE HERE TONIGHT.

AS PREVIOUSLY MENTIONED, THIS IS OUR LOCATION FOR THE FUTURE PETFOLK CLINIC.

WITH PETFOLK, WE HAVE PET CARE DELIVERY MODEL THAT'S BASED ON ORDER, HARMONY, WARMTH, CLEANLINESS, FUNCTIONALITY, AND TRANSPARENCY.

OUR GOAL IS IN INVITING SOOTHING ENTRY, INVITES YOU INTO THIS IMPECCABLY DESIGNED SPACE WITH NATURAL WOOD TONES, LARGE WINDOWS, HIGH CEILINGS, AND OPEN PLAN INTERIORS.

WE WANT TO CREATE A SAFE CALMING AND TRANQUIL FOR PETS AND PEOPLE, BEAUTIFUL AND SUBTLE REFERENCES TO PETS AND THE DESIGN WITH ATTENTION TO EVERY SMALL DETAIL, INCLUDING SOUND AND SMELL.

WE HAVE THE IDEA OF DESIGNING WITH THE MAGICAL RELATIONSHIP WE HAVE WITH OUR PETS IN MIND.

AS YOU CAN SEE, JUST A GENERAL DIAGRAMMATIC LAYOUT.

THIS WILL NOT BE THE SPECIFIC LAYOUT FOR THIS CLINIC, BUT IT IS PRETTY CLOSE.

THE RECEPTION IS DESIGNED TO BE COZY, MAKE CUSTOMERS AND THEIR PETS THAT WE LOVE, FEEL AT EASE, AND OPEN SPACE IS DESIGNED TO BE RELAXING ENTRYWAY TO THE BEAUTIFUL PET CARE.

THROUGH THE CONSULTATIONS, YOU CAN ACCESS THE TREATMENT AREA AND THE DOOR IS DIFFERENTIATED WITH A LARGE GLASS ENTRY.

NATURAL LIGHT IS ALLOWED INTO THE SPACE AND PROVIDES A RELAXING SETTING FOR THE PETS AND THEIR OWNERS.

AS PREVIOUSLY MENTIONED, OUR HOURS OF OPERATION ARE 8:00-5:00 PM MONDAY THROUGH FRIDAY, 8:00-6:00 PM SATURDAY AND SUNDAY.

PREVIOUSLY MENTIONED, OUR CLINIC OPERATES SEVEN DAYS A WEEK.

THERE WOULD NOT BE AN INSTANCE WHERE ALL STAFF WOULD BE PRESENT ON A SINGLE OPERATING DAY.

TWO VETERINARIAN AND FIVE SUPPORT STAFF WOULD BE AT THE PREMISES AT ANY GIVEN TIME.

OUR APPOINTMENTS ARE TYPICALLY SCHEDULED 30 MINUTES.

IT IS NOT TYPICAL FOR OUR CUSTOMERS TO PARK FOR A LONG PERIOD IMMEDIATELY BEFORE AND AFTER THEIR APPOINTMENTS, AND WE ARE FEAR-FREE PRACTICE.

OUR GOAL IS TO MEET WITH OUR PETS IN THE EXAM ROOM ON THE FLOOR AS MUCH AS POSSIBLE IN THE PRESENCE OF THE PET PARENT AND GIVE THE PET THE ABILITY TO FEEL COMFORTABLE AND BEST EXPERIENCE FOR THE PET AND THEIR OWNER.

OF COURSE, WE ARE VERY ATTENTIVE TO OUR SOUND.

THIS IS A HIGH PRIORITY ITEM FOR PETFOLK.

[01:35:03]

KENNELS IN THE PETFOLK FACILITY ARE TYPICALLY USED AS JUST A RECOVERY AREA POST OR PRE-SURGERY.

PETS THAT ARE WAKING FROM ANESTHESIA, POST-DENTAL, SURGICAL PROCEDURES, THAT IS THE PRIMARY USE FOR THESE KENNELS.

PETS WOULD NOT REGULARLY SPEND A MEANINGFUL AMOUNT OF TIME IN THESE KENNELS.

WE ARE NOT A BOARDING FACILITY.

WE DO NOT PROVIDE EMERGENCY SERVICES.

WE DO NOT PROVIDE DAYCARE, AND WE'RE NOT A GROOMER.

WE HAVE SEVEN KENNELS IN OUR TREATMENT AREA.

AS YOU CAN SEE FROM THE PHOTO ON THE SCREEN, IT IS VERY SIMILAR TO THIS.

IT IS IN FULL AND REGULAR VIEW OF ALL OF OUR STAFF.

IF A QUIET SETTING OR A SEPARATE SETTING IS NEEDED FOR THE PETS THAT EXPERIENCE ANXIETY AROUND OTHER ANIMALS, WE HAVE A BACK OF HOUSE ROOM THAT HAS 11 KENNELS, THAT WOULD BE A SPACE FOR THE SAME USAGE.

WE DO NOT PROVIDE KENNEL RUNS OR LARGE ENCLOSURES FOR MULTIPLE PETS.

THERE IS NO OUTSIDE FACILITIES.

A SINGLE PET WOULD BE IN A SINGLE KENNEL AT ANY TIME DURING OUR OPERATION HOURS AND NOT OUTSIDE OF OUR OPERATING HOURS, SO THERE WILL NEVER BE A PET INSIDE THE BUILDING OUTSIDE OF OPERATION.

WE DO USE THREE SPECIFIC CERTIFIED AND TESTED PRODUCTS.

THE THREE SOUND DEAFENING PADS ARE ADDED AROUND OUR STAINLESS STEEL KENNELS.

THESE PADS SUPPRESS VIBRATIONS, RATTLES, OTHER DISTRACTING NOISES, AND THEY ARE SELF-ADHESING SHEETS THAT ARE CUSTOM CUT TO OUR KENNELS.

THAT IS DIRECTLY AROUND OUR KENNELS.

WITHIN OUR EXAM ROOMS AND ALONG OUR NEIGHBORING WALLS, ANY DEMISING WALLS OR SOLID WALLS, WE USE QUIETROCK GYPSUM, A VERSATILE, HIGH PERFORMANCE SOUND DAMPENING GYPSUM PANEL THAT DELIVERS SUPERB NOISE REDUCTION IN IMPACT RESISTANCE.

THE SUPER PANEL IS UL FIRE-RESISTANT RATING, STC-RATED, SHEAR-RATED, AND IMPACT RESISTANCE.

INSIDE OF OUR WALLS, WE USE ROCKWOOL FIRE AND SOUND PROOF INSULATION.

THE ROCKWOOL PRODUCT IS DESIGNED SPECIFICALLY FOR SOUND DAMPENING TO HELP PREVENT NOISE FROM TRAVELING FROM ONE SPACE TO THE NEXT, PROVIDING THE QUIET THAT WE DESIRE FOR OUR PETS AND FOR THE COMMUNITY AND OCCUPYING TENANTS SURROUNDING US.

THAT IS THE CONCLUSION OF MY PRESENTATION.

>> WELL, I THINK IN PLANNING AND ZONING, THERE'S NO CREMATION THERE AT THOSE FACILITIES THAT'S DONE ELSEWHERE, SO YOUR NEIGHBORS THERE AREN'T GOING TO HAVE TO WORRY ABOUT THAT.

>> THAT IS CORRECT.

>> DOES ANYBODY HAVE ANY QUESTIONS?

>> [OVERLAPPING] YES. TO YOUR POINT ABOUT THE ADJACENCY, HAVE YOU TALKED TO THE NEIGHBORS, THE OTHER TENANTS IN THAT BUILDING ABOUT YOUR PROPOSED VET CLINIC?

>> THE LANDLORD HAS MADE THE TENANTS AWARE.

THERE IS A ZONING SIGN, AS PREVIOUSLY MENTIONED.

IT HAS BEEN IN FRONT OF THE PROPERTY FOR, I BELIEVE, OVER TWO MONTHS NOW, SO THAT IS DIRECTLY IN FRONT OF THEIR PROPERTY SPACES, AND TO MY KNOWLEDGE, WE HAVE NOT RECEIVED ANY NEGATIVE COMMENTS FROM ANY NEIGHBORING OCCUPANTS.

>> I HAVE A FOLLOW-UP QUESTION.

I UNDERSTAND THERE'S NO OVERNIGHT BOARDING, WHICH I THINK IS A PLUS, BUT I DID WONDER WHAT YOUR PLAN WAS FOR A CONVENIENCE PET REFUSE AREA, FOR YOUR CLIENTS AND THEIR PETS WILL BE COMING IN QUICK, OUT OF THE CAR, LET'S TAKE CARE OF BUSINESS BEFORE WE GO INTO THE VET'S VISIT OR AFTERWARDS BEFORE WE GET IN THE CAR.

>> ABSOLUTELY.

AS A PET OWNER MYSELF, I MAKE SURE MY PET USES THE BATHROOM.

I WALK HER BEFORE WE GET IN THE CAR.

THERE IS SOME GRASS AREAS SURROUNDING THE FACILITY, AND WE DO HAVE OUR STAFF WALK

[01:40:01]

THE PREMISES THROUGHOUT THE DAY TO PICK UP ANY PET WASTE.

WE CAN PROVIDE A PET DISPOSAL STATION IF THAT IS WANTED BY THE COMMUNITY.

>> HOW DOES THAT WORK? HOW IS THAT SET UP?

>> IT'S JUST LIKE A STAND.

THEY'RE PRETTY TYPICAL FROM WHERE I AM, BUT IT'S LIKE A STAND.

IT HAS A SIGN TO INDICATE THE PET WASTE ONLY.

THERE'S PUPPY BAGS, LIKE YOU CAN PICK UP THE WASTE AND THEN A TRASH BIN.

>> WE ACTUALLY HAVE THEM ON A LOT OF OUR PARKS.

I DON'T KNOW SO MUCH ON EVERY TRAIL, BUT THERE'S A PARK NEAR MY HOUSE AND I KNOW WE HAVE AT LEAST TWO THAT WE'VE INSTALLED THERE.

I DON'T KNOW THAT THE TOWN HAS INSTALLED THEM, BUT THEY ARE INSTALLED.

THEN ALSO, WE HAVE ANOTHER RETAILER, A PET SUPPLY COMPANY THAT'S IN FLOWER MOUND, AND THERE IS A PET REFUSE STATION, SUCH AS YOU'VE DESCRIBED IN LITTLE PARKING ISLAND.

I THINK I WOULD LIKE TO SEE THAT JUST TO MAKE SURE THAT WE ENCOURAGE PET OWNERS TO BE RESPONSIBLE, WHICH MOST OF THE TIME I THINK THEY ARE, SOMETIMES THEY'RE NOT.

I'M ALSO RELIEVED TO HEAR THAT YOU'LL SEND YOUR STAFF OUT JUST TO MAKE SURE EVERYTHING IS NEAT AND TIDY, BUT I WOULD LIKE TO SEE ONE OF THOSE PET RELIEF STATIONS INSTALLED.

>> I SUPPOSE I CAN SPEAK WITH THE ZONING COMMITTEE AS WELL AFTER.

IS THERE A SPACE THAT WE CAN PLACE THAT?

>> WELL, I'M NOT SURE WHAT GRASSY AREA SPECIFICALLY YOU WERE OFFERING UP THAT PEOPLE MIGHT BE ABLE TO USE, BUT I WOULD IMAGINE THAT WOULD BE GOOD TO PUT IT IN THE VICINITY WHERE YOU ENVISIONED PEOPLE MIGHT BE TRYING TO DO THAT ANYWAY.

[INAUDIBLE] DISCUSSION WITH THE LANDLORD.

>> THE ONLY GRASSY AREA I KNOW OF IS RIGHT ALONG THE MAIN STREET.

>> ISN'T IT WORTHY OF THESE TWO TREES? THERE'S TWO CIRCLES IN THE MIDDLE PART THERE.

IS THAT AN AREA THAT YOU WERE THINKING?

>> THOSE AREN'T REALLY CLOSE TO WHERE THEIR OCCUPANCY WOULD BE, [OVERLAPPING] SO I THINK THAT WOULD BE MORE OF A BURDEN TO THE NEIGHBORING RETAIL ESTABLISHMENTS, BUT I DON'T KNOW IF THERE'S A PLACE IN FRONT, BUT I JUST DO THINK THAT IT'S SOMETHING THAT WE SHOULD CONTEMPLATE NOW RATHER THAN LATER.

>> MA'AM, WHICH ONE OF THESE UNITS IS THE ONE THAT YOU'RE PROPOSING?

>> IT'S THE CENTER.

>> THE BIG GRAY ONE, USED TO BE EYELAB, IS THAT RIGHT?

>> THERE'S TWO LITTLE TREES THERE RIGHT OUTSIDE THE FRONT DOOR.

THAT'S WHAT I WAS THINKING AND IF THEY PUT A PET RELIEF STATION RIGHT THERE.

I'M IMAGINING IF YOU WANTED TWO ANCHORED IN THE GROUND, YOU'D PROBABLY NEED YOUR LANDLORD'S PERMISSION.

MAYBE IF IT WAS ON A STAND, YOU WOULDN'T, SO THERE COULD BE SOME OPTIONS.

LEXEN, IF WE MADE THAT A REQUIREMENT IN THE SUP FOR A PET RELIEF STATION OUTSIDE THE FRONT DOOR?

>> I THINK YOU COULD JUST BE GENERAL LIKE THAT AND THEN COULD WORK WITH THE LANDLORD AND STAFF TO GET THAT SET UP.

>> I THINK THAT AREA, IT LOOKS LIKE A GREAT MURAL WITH SOME LANDSCAPING, SO THEY MIGHT HAVE TO REDO THAT LANDSCAPING THOUGH TO MAKE A GRASSY AREA, BUT I'M NOT AGAINST HER FOR IT.

>> I'M OPEN TO YOU FIGURING THAT OUT WITH THE LANDLORD AS LONG AS THERE IS SOMETHING AVAILABLE THERE IN CLOSE PROXIMITY.

>> I'M LOOKING AT THE STREET VIEW.

IT'S LIKE A BUNCH OF GRASS AND A COUPLE OF CREPE MYRTLE TREES. IT SEEMS OKAY.

BUT IF THE CONDITION IS FOR A PET RELIEF STATION, THEN THAT SHOULD MAKE IT CLEAR THAT THE OWNER SHOULD CLEAN UP AFTER THEIR PET, BUT THERE'S AN OPPORTUNITY TO DO SO RIGHT HERE.

>> THANK YOU. I DID HAVE ONE QUESTION.

THERE'S SIX VETERINARY LOCATIONS ON THIS INTERSECTION RIGHT NOW.

TWO OF THEM ARE HOSPITALS.

WHAT DIFFERENTIATES YOU GUYS FROM THE OTHER SIX?

>> PET FOLKS, THE WAY WE ADDRESS OUR CLIENTS, THE WAY WE ADDRESS OUR PETS IS A VERY PERSONAL AND STRESS-FREE ENVIRONMENT.

WE OFFER PREMIUM PET CARE WITH A WONDERFUL FACILITY.

OUR MAIN FOCUS IS THE PET AND THE CLIENT, AND MAKING SURE THAT THEY'RE COMFORTABLE TAKING CARE OF, AND FULFILLING THEIR NEEDS.

>> HAVE YOU GUYS DONE ANY MARKET STUDIES TO UNDERSTAND IF THERE'S A NEED FOR ADDITIONAL VETERINARY LOCATIONS AT THIS INTERSECTION?

[01:45:03]

>> OUR GROUP HAS. YES.

>> JUST SEEMS LIKE A LOT FOR ONE SMALL AREA.

>> PEOPLE LOVE THEIR PETS. [LAUGHTER]

>> AGREED. DEFINITELY. BUT I THINK THE SHOPPING CENTER AS A WHOLE HAS STRUGGLED TO KEEP TENANTS.

>> I HAVE NOTICED THAT AS WELL.

IT WAS A BIT BARE.

I THINK I THINK WE WOULD BE A GREAT ADDITION TO HER.

>> NO OTHER CONCERNS.

>> IF THERE'S NO OTHER COMMENT, WE CAN OPEN THIS TO THE PUBLIC FOR COMMENT.

IT IS 7:45, AND WE'LL OPEN THIS FOR PUBLIC COMMENT.

TERESA, DO I HAVE ANY COMMENT CARDS? DOES ANYBODY WANT TO MAKE ANY COMMENTS ON THIS ITEM? IT'S 7:45, AND WE'RE GOING TO THIS PUBLIC HEARING.

ANY MORE DELIBERATION ON THIS?

>> I'M READY WITH A MOTION. I MOVE TO APPROVE REGULAR ITEM 4 AS PRESENTED.

>> I WAS GOING TO SUGGEST THE ADDITION OF A PET RELIEF STATION IS A CONDITION OF THE SEP.

>> SURE.

>> I'D LIKE TO HEAR THAT TOO.

>> CAN I AMEND THAT MOTION, BRENT?

>> PLEASE DO. MOVE TO APPROVE REGULAR ITEM K4 WITH THE ADDITION OF A PET RELIEF STATION TO BE INSTALLED IN COORDINATION WITH THE TOWN STAFF AND LANDLORD.

>> WE HAVE A MOTION IN A SECOND.

CAN YOU TAKE THE ROLE? COUNCILOR [OVERLAPPING].

>> HI. DEPUTY MAYOR PRO TEM SHISO.

>> THIS PASSES BY UNANIMOUS VOTE.

[K.5. SP24-0007 - Flower Mound Montessori - Consider a request for a Site Plan (SP24-0007-Flower Mound Montessori) with an exception to Section 82-303, Compatibility setback, of the Code of Ordinances. The property is generally located east of Long Prairie Road and north of Aberdeen Drive. (PZ recommended approval by a vote of 4 to 0 at its May 13, 2024, meeting.)]

WE WILL MOVE ON TO ITEM NUMBER 5.

WE'VE GOT A LOT OF ITEMS TONIGHT FOLKS, LEXIN, LOOKS LIKE YOU'RE DELIVERING ON THIS ONE TOO, THIS FLOWER MOUND MONTESSORI.

>> THAT'S CORRECT. THIS IS A REQUEST TO BASICALLY AMEND A PREVIOUSLY APPROVED SITE PLAN FOR FLOWER MOUND MONTESSORI.

THE GENERAL LOCATION OF THE PROPERTY IS EAST OF LONG PRAIRIE AND SOUTH OF SHERRY LANE.

HERE'S A MORE DETAILED VIEW.

WE ALSO HAVE A LITTLE SUB MAP THERE, JUST TO SHOW YOU A MORE RECENT AERIAL VIEW.

AS YOU CAN SEE, THE PROPERTY IN FRONT OF THIS HAS BEEN DEVELOPED WITH THOSE TWO MULTI TENANT RETAIL BUILDINGS.

THEN THIS IS THE DAYCARE THAT WAS APPROVED TO THE REAR OF THE PROPERTY.

I BELIEVE THE SEP CAME FORWARD IN 2022, AND THEN COUNCIL APPROVED THE SITE PLAN IN 2023.

THE LAND USE FOR THE PROPERTY IS RETAIL AND THE ZONING IS PD-157 WITH RETAIL TWO USES.

HOWEVER, YOU CAN SEE THAT THERE IS AN AREA THAT'S CURRENTLY UNDEVELOPED TO THE REAR OF THIS STRUCTURE, BUT THAT IS ZONED AGRICULTURE, WHICH IS CONSIDERED A RESIDENTIAL ZONING AND THEN MASTER PLAN FOR A STATE, WHICH IS ALSO RESIDENTIAL.

THAT IS KIND OF THE BASIS FOR THE REQUEST TODAY.

WHEN THE SITE PLAN HAD PREVIOUSLY COME FORWARD, COUNCIL HAD APPROVED AN EXCEPTION TO THE COMPATIBILITY BUFFER, TO NOT DO THE MASONRY WALL AND THE LANDSCAPING ASSOCIATED WITH IT, BUT THE COMPATIBILITY SETBACK WAS STILL IN PLACE.

AND SO COMPATIBILITY SETBACK REQUIRES A 60 FOOT SETBACK FROM RESIDENTIAL PROPERTY.

IT WAS KNOWN THAT THE PLAYGROUND EQUIPMENT WAS GOING TO BE LOCATED TO THE REAR OF THE BUILDING, BECAUSE THE TOWN DOES NOT ACTUALLY ISSUE PERMITS FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT.

THAT'S HANDLED SEPARATELY, AND SO IT WAS NOT PREVIOUSLY A PROBLEM, BUT THE APPLICANT DECIDED THAT THEY WANTED TO INSTALL SOME SHADE STRUCTURES OVER THEM.

STRUCTURE REQUIRES A BUILDING PERMIT, AND SO THEN THAT WOULD REQUIRE COMPLIANCE WITH THE COMPATIBILITY SETBACK.

THAT'S WHY THE APPLICANT IS HAVING TO AMEND THEIR SITE PLAN NOW TO REQUEST A MODIFICATION TO THAT COMPATIBILITY SETBACK SO THAT THEY COULD INSTALL THE SHADE STRUCTURES.

AGAIN, THIS IS THE SITE PLAN, AND THIS IS SHOWING THE TWO PROPOSED SHADE STRUCTURES TO THE REAR OF THE BUILDING.

HERE'S SOME PICTURES FROM THE SITE.

THIS IS LOOKING SOUTH.

AT THE PROPERTY YOU CAN SEE THAT THE SCHOOL IS UNDER CONSTRUCTION.

THIS IS LOOKING WEST.

THIS IS FROM THAT VACANT RESIDENTIAL PROPERTY LOOKING ACROSS INTO, AGAIN, THIS IS WHERE THE MONTESSORI SCHOOL IS BEING CONSTRUCTED.

HERE TO THE REAR OF THAT IS WHERE THE PLAYGROUND EQUIPMENT AND SHADE STRUCTURES WOULD BE.

THEN THIS IS LOOKING NORTH.

[01:50:03]

AGAIN, YOU CAN SEE THAT PORTE A CACHE WHERE PEOPLE WOULD DROP OFF AND THAT SORT OF THING, JUST TO GIVE YOU AN IDEA OF THE VISUAL OF THE BUILDING.

HERE, IT'S LOOKING EAST, BUT THIS IS THE FRONT OF THE BUILDING AS YOU WOULD DRIVE UP TO IT.

AGAIN, AS PART OF THE PD-1507 APPROVAL, THERE HAD ALREADY BEEN PROVIDED AN EXCEPTION TO THE COMPATIBILITY BUFFER STANDARDS.

AS WE PREVIOUSLY DISCUSSED, IT WAS APPROVED FOR AN SUP AND A SITE PLAN TO DEVELOP A DAYCARE AND THEY'RE NOW WANTING TO PLACE THE TWO CANOPY STRUCTURES WITHIN THE COMPATIBILITY SETBACK, THAT WOULD SHADE THE PLAYGROUNDS FROM WEATHER.

THE TOWN'S COMPATIBILITY SETBACK STANDARD SAYS THAT NONRESIDENTIAL DEVELOPMENTS PROVIDE A 60 FOOT SETBACK ALONG THAT PROPERTY LINE, UNLESS A WAIVER OR MODIFICATION IS APPROVED BY THE TOWN COUNCIL.

AGAIN, THIS IS JUST A CLOSER VIEW SHOWING WHAT'S PROPOSED.

HERE IS THE LANDSCAPE PLAN, SHOWS THE TREES ON THE SITE.

THIS IS A RENDERING OF WHAT THE SHADE STRUCTURES ARE PROPOSED TO LOOK LIKE.

THE PROPOSAL IS FOR IT TO BE 15 FEET BACK FROM THAT PROPERTY LINE RATHER THAN 60.

>> LEXIN, DO YOU KNOW THE HEIGHT OF THE SHADE STRUCTURES?

>> I DO NOT KNOW THE HEIGHT OF THE SHADE STRUCTURES.

WE CAN CHECK WITH THE APPLICANT ON THAT.

>> IS THE APPLICANT HERE TONIGHT?

>> YES, THEY ARE. [OVERLAPPING].

>> BECAUSE I'D WANT TO KNOW ABOUT THE HEIGHT AND ALSO THE COLOR.

THEN ARE THEY REQUIRED TO COMPLY WITH THE TOWN COLOR SCHEME?

>> THEY ARE REQUIRED TO COMPLY WITH THE TOWN'S URBAN DESIGN GUIDELINES.

HOWEVER, CANOPIES ARE SOMETHING THAT CAN BE A CONTRASTING COLOR.

THAT IS SOMETHING THAT WOULD BE ALLOWED FOR THIS TYPE OF SHADE STRUCTURE FOR PLAYGROUND EQUIPMENT.

IT WOULD NOT HAVE TO BE EARTH TONE.

BUT YOU CAN CERTAINLY TALK TO THE APPLICANT ABOUT THAT AND WHAT THEY ARE OPEN TO.

>> ALL OF THOSE ARE BEHIND THE BUILDING, CORRECT?

>> YES, THEY ARE BEHIND THE BUILDING.

I HAVE I HAVE THE DIMENSIONS, BUT IT IS THE WIDTH AND DEPTH.

I DO NOT BELIEVE I HAVE THE HEIGHT.

I WILL LET THEM CONFIRM THAT.

>> GOOD.

>> IT'S CLEARLY BELOW THE, THE MAXIMUM HEIGHT OF THE BUILDING.

>> THE RENDERING, IT IS, RIGHT?

>> IT WOULD HAVE TO BE THERE.

>> BECAUSE THE ROOF IS SHOWN AS FLAT IN THE RENDERING, WHICH IT MAY OR MAY NOT BE.

IT MAY EVEN BE LOWER THAN THE PITCHED ROOF.

>> I'M JUST SAYING IT WOULD HAVE TO MEET THE MAXIMUM HEIGHT STANDARDS FOR THE TOWN OR THEY WOULDN'T BE ALLOWED.

THAT'S THE END OF MY PRESENTATION, BUT IT SOUNDS LIKE I DO HAVE SOME QUESTIONS FOR THE APPLICANT, SO I'M GOING TO INVITE THEM TO COME UP HERE.

>> JASON KILPATRICK, 550 SOUTH EDMONDS LANE, LOUISVILLE, TEXAS.

THE HEIGHT IS 12 FOOT ON THE EDGES AND THEN THE PEAK HEIGHT IS GOING TO BE 16 FEET.

>> GOOD. THANK YOU. AND DID YOU HAVE A COLOR PLANNED FOR THAT?

>> IT WILL BE BLUE COLOR AS IT'S SHOWN HERE, BUT THERE ARE I THINK ONLY TWO OTHER COLORS AVAILABLE.

I THINK ONE IS RED AND THE OTHER ONE IS YELLOW.

KIND OF CONTRAST COLORS.

>> OF COURSE.

>> ARE THOSE METAL COLUMNS OR WOOD?

>> THOSE ARE METAL COLUMNS.

>> THEY'LL BE RED. YOU THINK?

>> THAT CAN BE COLORED IN, WHATEVER THE COLOR THEY NEED.

BUT IT'LL BE, AGAIN, CONTRAST.

YELLOW, RED, BLUE.

>> IS THE BUILDING GOING TO BE THE GRAY COLOR AS SHOWN IN THE RENDERING?

>> THE BUILDINGS IS PRETTY CLOSE TO THE COLOR OF THE FRONT BUILDINGS, IT'S MORE OF THE REDDISH BROWN WITH SOME WHITE GRAY.

WHAT WAS APPROVED WITH THE PD-157 BACK SEVERAL YEARS AGO.

>> I THINK THAT AS LONG AS IT'S LOWER THAN THE PEAK OF THE ROOF, WHICH I BELIEVE IT IS, THE COLOR, IF YOU ONLY HAVE A CHOICE OF THE PRIMARIES, BLUE, RED OR YELLOW, BLUE PROBABLY WOULD LOOK NICE AGAINST THE RED BRICK WITHOUT BEING TWO OUT THERE.

THAT'S ALL I HAVE. THANK YOU.

>> ARE YOU TRYING TO STAY WITHIN THE COLOR SCHEME OF THE PLAY EQUIPMENT?

>> WELL, I'M ALSO TRYING TO THINK OF ADJACENCIES, AND WHAT THEIR VIEW MAY OR MAY NOT BE.

IF IT WAS ADJACENT TO WHAT WAS ZONED FOR RESIDENTIAL, THEN, IT COULD BE NOT AS DESIRABLE A VIEW FOR THEM.

BUT IF THIS IS HERE FIRST,

[01:55:02]

AND NO ONE HAS COME FORWARD TO COMPLAIN ABOUT IT, THEN, I THINK IT'S OKAY.

>> THE POLES, WE DO HAVE SOME OPTIONS ON COLORS.

CAN WE MAKE THOSE LIKE A BROWN OR SOME SORT OF TONE?

>> AGAIN, THOSE WILL BE CONTRAST COLOR.

I'M NOT SURE BROWN IS AVAILABLE, BUT I'M PRETTY SURE YELLOW, RED AND BLUE.

IF WE GO WITH THE POLE COLOR BLUE, SO THE CANOPY WILL BE CONTRASTING COLOR.

THAT'S HOW WE SHOWN LIKE BLUE AND RED.

>> I'LL JUST ASK YOU A QUESTION. ARE YOU NOT ABLE TO PAINT THE POLES IF THEY'RE METAL?

>> IT COMES PRE-PAINTED FROM THE MANUFACTURER.

>> PROBABLY LIKE A POWDER-COATED PAINT, WHICH IS VERY DURABLE.

>> YEAH, IT'S FOR THE METAL THAT ARE IMPROVED.

>> DOES ANYBODY HAVE ANY OTHER QUESTIONS?

>> YEAH, I'LL JUST ADD THAT THE PLAYGROUND EQUIPMENT ITSELF IS PRETTY GAUDY AND THE PLAYGROUND EQUIPMENT IS GOING TO STAY NO MATTER WHAT.

THE DECISION IN FRONT OF US IS REALLY WHETHER OR NOT THESE KIDS ARE GOING TO HAVE SHADE.

IF YOU CAN GET BROWN, THAT'D BE AWESOME, BUT IF NOT, THEN, LET'S HOPE THESE KIDS HAVE SOME SHADE.

>> I AGREE. SHADE IS IMPORTANT.

>> I'LL JUST ADD THAT BEHIND THIS IS THE GAS WELL AND IT'S LIKE 1,000 FEET TO THE NEAREST HOUSE.

>> IT SHOULD BE OKAY.

>> YEAH, I THINK SO.

>> THE RED LOOKS GOOD, HONESTLY.

IT MATCHES THE PLAYGROUND EQUIPMENT.

>> THE PLAYGROUND EQUIPMENT ITSELF IS PRETTY COLORFUL.

>> I GUESS THIS WASN'T A PUBLIC HEARING SO DOES ANYBODY HAVE ANY OTHER COMMENTS BEFORE MAKING A MOTION? ANYONE WANT TO?

>> I'LL MAKE THE MOTION. MOVE APPROVAL OF REGULAR ITEM K-5 AS PRESENTED.

>> WE HAVE A MOTION AND A SECOND.

>> TERESA, YOU WANT TO CALL THE ROLE.

>> ITEM FIVE PASSES BY UNANIMOUS VOTE. GOOD TIMES.

[Items K.6. & K.7.]

WE'RE GOING TO MOVE ON TO ITEM 6 AND 7.

WE'RE GOING TO PUT THOSE BOTH UNDER THE SAME PUBLIC HEARING FOR THE SMITH TRACT CONSERVATION.

LEXIN YOU HAVE THE FLOOR AGAIN.

>> THANK YOU, MAYOR. AS MENTIONED, THIS IS A PROPOSED CONSERVATION DEVELOPMENT AS WELL AS A TREE REMOVAL PERMIT.

HERE IS THE GENERAL LOCATION OF THE PROPERTY.

IT IS SOUTH OF CROSS TIMBERS ROAD, WEST OF SCENIC, AND NORTH OF CARDINAL DRIVE.

HERE IS A MORE DETAILED VIEW.

THE LAND USE FOR THIS PROPERTY IS RURAL RESIDENTIAL WITHIN THE CROSS TIMBERS CONSERVATION DEVELOPMENT DISTRICT.

THE ZONING IS AGRICULTURAL.

HERE IS THE OVERALL CONCEPT PLAN.

AS PER THE TOWN'S UPDATED CROSS TIMBERS CONSERVATION DEVELOPMENT DISTRICT STANDARDS, THE MINIMUM LOT SIZE IS THREE-QUARTERS AN ACRE, WHICH THEY ARE MEETING, AND THEY'RE MEETING THE ONE UNIT PER TWO ACRES AS THE MAXIMUM OVERALL DENSITY FOR THE PROJECT.

THIS JUST SHOWS A TYPICAL LOT AS PROPOSED WITH THE MINIMUM LOT WIDTH OF 150 FEET FRONT YARD SETBACK OF 40, A REAR YARD SETBACK OF 20.

THIS IS SHOWING THE SIDE YARD SETBACKS AS 15.

THAT IS WHAT THE APPLICANT HAD REQUESTED.

NOW, WHEN IT WENT TO THE PLANNING AND ZONING COMMISSION, THEY DID REQUEST THAT THAT BE CHANGED TO 25 FEET FOR THE SIDE YARD SETBACKS FOR THE INDIVIDUAL LOTS, AND SO THAT CHANGE WAS MADE AND IS REFLECTED IN THE ORDINANCE AS IT'S BEFORE COUNCIL CURRENTLY.

IN ADDITION, THEY'RE REQUIRED TO PROVIDE A MINIMUM OF 20% OF THE LOTS THAT ARE OVER AN ACRE IN SIZE, WHICH THEY ARE ALSO COMPLYING WITH.

AS COUNCIL MAY RECALL, WE UPDATED THE CROSS TIMBERS CONSERVATION DEVELOPMENT DISTRICT STANDARDS, AND THESE WERE APPROVED BACK IN NOVEMBER OF '22, REQUIRING THAT THIS NOW EVEN IF IT'S A CONSERVATION DEVELOPMENT, IT ALSO GO THROUGH AN ENHANCED PUBLIC NOTIFICATION PROCESS.

THIS PROJECT DID HAVE ITS FIRST NEIGHBORHOOD MEETING, APRIL 4TH OF '23, SECOND NEIGHBORHOOD MEETING, OCTOBER 18TH, A P&Z WORK SESSION ON OCTOBER 23RD OF 2023, AND THEN THE PUBLIC HEARING WAS THIS PAST MONDAY, AND THEN WE'RE HERE TONIGHT.

THERE ARE SOME EITHER EXCEPTIONS OR MODIFICATIONS THAT ARE BEING REQUESTED BY THE APPLICANT FOR THIS PROJECT.

[02:00:02]

THE FIRST IS FOR TOPOGRAPHIC SLOPE.

THE RED AND YELLOW BOUNDARY SHOWS THE OVERALL PROPOSED SITE.

THE 5-11.9% SLOPE THAT IS PRESERVED, IS IN YELLOW. IT'S 82.5 ACRES.

THE GREATER THAN 12% SLOPE THAT IS PRESERVED IS IN THE DARKER RED AND THAT'S 9.5 ACRES.

THEN THERE'S THE 5-11.9% SLOPE IMPACTED FROM PROPOSED LOTS IS 62.9.

THE GREATER THAN 12% SLOPE IMPACT FROM PROPOSED LOT IT'S 0.9.

THEN ALSO LOOKING AT THE STREET RIGHT OF WAY THAT'S 8.6 AND THE STREET RIGHT AWAY FOR GREATER THAN 12% SLOPE IS 0.5 ACRES.

PER THE APPROVED EPP, A TOTAL OF 154 ACRES IN THIS OVERALL PROPERTY CONTAINS SLOPES GREATER THAN OR EQUAL TO 5% AND LESS THAN 12%.

THE PROPOSED DEVELOPMENT WILL IMPACT APPROXIMATELY 71.5 ACRES OF LAND THAT HAVE TOPOGRAPHIC SLOPES GREATER THAN OR EQUAL TO FIVE AND LESS THAN 12.

A TOTAL OF 10.9 ACRES CONTAINS SLOPES GREATER THAN 12%, AND THE PROPOSED DEVELOPMENT WILL IMPACT APPROXIMATELY 1.4 ACRES OF LAND THAT HAVE SLOPES GREATER THAN 12%.

SOMETHING THAT I WANTED TO REMIND THE COUNCIL OF IS THAT IT IS NOT NECESSARILY THE CASE WITHIN THESE BUILDABLE LOTS THAT THE ENTIRE LOT WILL BE IMPACTED, BUT STAFF DOES RECOMMEND THAT APPLICANTS REQUEST THE EXCEPTION FOR THE WHOLE LOT WHENEVER THERE'S ANY SLOPE ON A BUILDABLE RESIDENTIAL LOT BECAUSE THE GOAL IS TO NOT IMPACT THE FUTURE PROPERTY OWNER AND HOW THEY'RE ABLE TO DEVELOP THEIR LOT.

I JUST WANTED TO CLARIFY THAT IT DOESN'T NECESSARILY MEAN BECAUSE THESE WHOLE LOTS ARE SHOWN TO BE IMPACTED THAT THE GOAL IS TO COMPLETELY FLATTEN THE LOT.

IT'S JUST TO NOTE THAT THIS IS A BUILDABLE LOT THAT'S BEING CREATED SO THERE IS THE POTENTIAL FOR ANY SLOPE ON THAT PROPERTY TO BE IMPACTED.

ANOTHER EXCEPTION THAT'S BEING REQUESTED IS FOR THE BURIAL OF OVERHEAD UTILITIES.

THE TOWN CODE REQUIRES ALL EXISTING OVERHEAD UTILITIES TO BE PLACED UNDERGROUND PRIOR TO THE TOWN'S ACCEPTANCE OF THE SUBDIVISION UNLESS THEY RECEIVE AN EXCEPTION.

THE APPLICANT IS REQUESTING AN EXCEPTION FOR APPROXIMATELY 1,554 LINEAR FEET OF OVERHEAD UTILITIES THAT ARE ALONG 1171.

THEY ARE COMMITTING TO BURYING THE REMAINING OVERHEAD UTILITIES THROUGHOUT THE SUBDIVISION.

THEIR DISCUSSION POINT FOR WHY THEY DID NOT WANT TO BURY IT ALONG 1171 HAD TO DO WITH THIS LARGE STAND OF TREES HERE TO THE WESTERN END OF 1171 BECAUSE ENCORE WILL NOT LET THEIR UTILITIES BE BURIED WITHIN TEXTO'S RIGHT OF WAY OR MAYBE TEXTO DOESN'T ALLOW, I DON'T KNOW.

IT'S NOT ALLOWED AND SO IT WOULD HAVE TO BE IN A SEPARATE EASEMENT WITHIN THE PROPERTY ITSELF.

WHILE THE POLES AS THEY STAND TODAY ARE WITHIN THE RIGHT OF WAY, IF THEY WERE TO BE BURIED, THEY WOULD HAVE TO GO INTERIOR TO THE PROPERTY.

IT CERTAINLY WOULD TAKE OUT SOME OF THESE TREES THAT ARE ALONG 1171.

MODIFICATION. I JUST WANTED TO SHOW YOU THE OVERALL ZONING STANDARDS FOR AGRICULTURAL ZONING, ESTATE ZONING, AND WHAT'S PROPOSED.

I ADDED THE STATE COLUMN SINCE THE PLANNING AND ZONING COMMISSION MEETING.

I THOUGHT IT MIGHT BE USEFUL BECAUSE WHEN WE WENT THROUGH THE WHOLE PROCESS FOR THE CT CDD UPDATE, WE HAD A VISUAL PREFERENCE SURVEY.

IN GENERAL, WHAT PEOPLE HAD SAID THEY LIKED THE LOOK OF, WAS THE ONE-ACRE LOTS WITH CONSERVED LAND.

THAT'S WHY SOME OF THE STANDARDS ARE BASED ON WHAT WE HAVE FOR A STATE ZONING.

FOR INSTANCE, THE 150-FOOT LOT WIDTH, THAT'S A REQUIREMENT IN CONSERVATION LOTS NOW, AS PART OF THIS DEVELOPMENT, SO THEY ARE MEETING THAT AND THE MINIMUM THREE-QUARTERS ACRE, SO IT'S NOT QUITE AN ACRE IN SIZE.

BUT AGAIN, THE INTENT IS FOR IT TO HAVE THE SAME LOOK.

JUST COMPARING ACROSS THOSE FOR WHAT IS REQUIRED, THE TWO THINGS WHERE THEY ARE NOT MEETING THE ESTATE STANDARDS.

ONE IS THE MINIMUM FLOOR AREA.

IF THAT'S ANY CONCERN TO COUNCIL, I'M SURE THE APPLICANT WOULD BE WILLING TO INCREASE IT FROM 2100-2400 JUST KNOWING THE SIZE OF THE HOMES THAT ARE TYPICALLY BUILT.

I DON'T THINK THAT WOULD BE A CONCERN FOR THEM.

BUT THAT IS ONE THAT VARIES.

THE MINIMUM IS 1800 AND AGRICULTURAL IT'S 2,400 AND ESTATE AS PROPOSED IS 2,100.

THE OTHER DIFFERENCE IS IN THE MINIMUM SIDE YARD.

AGAIN, MINIMUM SIDE YARD SETBACK FOR AGRICULTURAL LOTS IS 25 FEET.

WHAT WAS ORIGINALLY PROPOSED IS 15.

JUST FOR YOU ALL TO KNOW THAT FOR AN ESTATE LOT, WHAT IS TYPICALLY REQUIRED IS 20 FEET.

[02:05:02]

I DIDN'T KNOW IF THAT MIGHT BE OF INTEREST TO THE COUNCIL AS YOU CONSIDER WHAT STANDARDS YOU WANT TO APPROVE FOR THIS AS THAT WOULD MATCH THAT LOOK OF ONE-ACRE LOTS.

BUT IF 25 FEET IS WHAT YOU PREFER, THEN THAT IS FINE AS WELL.

ANOTHER MODIFICATION THAT IS PROPOSED BY THE APPLICANT IS TO SECTION 98-1143B.

THIS IS A NEW STANDARD THAT WAS CODIFIED AGAIN WITH THAT CROSS TIMBERS UPDATE THAT NEW FENCING ALONG THE SCENIC ROADWAY AND COUNTRY ROADWAYS WITHIN THE CROSS TIMBERS MUST BE MULTI-RAILED OR PIPES STYLED AND EITHER WHITE, BLACK, DARK GREEN, OR EARTH TONE IN COLOR, NOT TO USE WOOD STOCKADE AND MASONRY PERIMETER FENCING.

THOSE ARE PROHIBITED. MASONRY COLUMNS CAN BE USED SPARINGLY.

THE APPLICANT IS PROPOSING TO UTILIZE STEEL CABLE FENCING WITH WOODEN POSTS IN SOME LOCATIONS ALONG THE PERIMETER.

TALKING TO THEM, I DO BELIEVE THEY WILL HAVE A MAP EXHIBIT SO THEY CAN SHOW YOU WHERE THEY ARE PROPOSING THAT.

IT WAS NOT FOR THE ENTIRE PERIMETER OF THE SITE.

BUT THAT WAS JUST A DIFFERENT LOOK THAT THEY WANTED TO INCORPORATE WITHIN SOME PORTIONS OF THE PROJECT.

HERE ARE SOME PHOTOS OF THE SITE.

THIS IS LOOKING WEST ALONG 1171.

HERE WE ARE LOOKING SOUTH DOWN SHILOH.

THIS IS LOOKING NORTHEAST UP CARDINAL, AND THEN THIS IS LOOKING NORTHEAST UP SCENIC.

THEN THIS IS ALSO LOOKING NORTH SCENIC.

AGAIN, HERE'S THAT OVERALL CONCEPT PLAN.

I WILL SHOW YOU THE SMALLER VIEWS OF THE INDIVIDUAL SECTIONS.

IT'S SUCH A LARGE AREA THAT IT'S SOMEWHAT DIFFICULT TO VISUALIZE THE WHOLE THING WHEN YOU'RE LOOKING AT IT FROM SUCH A FAR DISTANCE.

OVERALL, WE'RE LOOKING AT 446, ALMOST 447 ACRES.

WHAT IS PROPOSED IS 223 RESIDENTIAL LOTS, AND ALSO A LITTLE MORE THAN 45% OPEN SPACE DEDICATED.

HERE'S THE NORTHERNMOST PIECE OF IT.

YOU CAN SEE THAT 200-FOOT BUFFER ALONG 1171, A NEW REQUIREMENT FROM THE CROSS TIMBERS THAT IS BEING PROVIDED.

>> THIS IS GOING DOWN SCENIC DRIVE.

CAN SEE THAT THIS IS WHERE A MINOR TRAILHEAD PUBLIC PARK IS PROPOSED.

HERE IS GOING DOWN SHILOH.

THIS IS MOVING FURTHER DOWN.

HERE IS SHILOH AGAIN.

CAN SEE THIS IS WHERE SCENIC CURVES AROUND THE BOTTOM.

THEN HERE IS THE OTHER PROPOSED PARK THAT WAS TO BE DEDICATED TO THE TOWN.

I KNOW I DID RECEIVE A QUESTION.

WELL, I'LL WAIT UNTIL I GET TO OPEN SPACE PLAN TO SPEAK TO THAT.

HERE'S THE CONCEPT LANDSCAPE PLAN.

THE APPLICANT IS MEETING OR EXCEEDING ALL OF THE TOWN'S LANDSCAPING REQUIREMENTS FOR THIS PROJECT.

ALONG CROSS TIMBERS, THERE'S A 50-FOOT LANDSCAPE BUFFER, THEY ARE PROVIDING THAT OVERALL 200-FOOT BUFFER.

ALONG SHILOH WILL BE A 25 FOOT, THEY'RE PROVIDING 50.

ALONG ROCKY POINT, 25 FOOT, THEY'RE PROVIDING 50, AND SAME FOR CARDINAL AND SCENIC DRIVE.

MAINTAINING A PRETTY GOOD BUFFER FROM THE EDGES OF THE PROPERTY.

THIS IS JUST NOTING ALL OF THE FRONTAGES AND THE TOTAL NUMBER OF TREES THAT WILL BE EITHER MAINTAINED OR PROVIDED WITHIN THOSE AREAS IN ORDER TO MEET THE LANDSCAPE REQUIREMENTS.

HERE IS THE CONCEPT OPEN SPACE PLAN.

I KNOW I DID RECEIVE A QUESTION ABOUT WHETHER THERE COULD BE ANY SILOED OPEN SPACE AREAS.

PER, AGAIN, THOSE UPDATED CROSS TIMBERS' STANDARDS, YOU CAN HAVE NON-CONTIGUOUS PIECES OF OPEN SPACE AS LONG AS THEY ARE A MINIMUM OF 40 FEET WIDE, AND THEY ARE A MINIMUM OF EITHER 15,000 SQUARE FEET OR 1% OF THE PROJECT AREA, WHICHEVER IS LARGER.

IN THIS CASE, BECAUSE OF THE SIZE OF THE PROJECT AREA, IT'S CERTAINLY THE 1%.

YOU CANNOT HAVE AN OPEN SPACE AREA THAT COUNTS TOWARD THAT 45% OPEN SPACE UNLESS IT'S AT LEAST 4.46 ACRES IN SIZE.

THEY WERE ABLE TO MEET THAT WITH ALL OF THEIR LANDSCAPE AREAS.

[02:10:02]

THERE ARE SOME PORTIONS THAT ARE NOT BEING CONSIDERED AS PART OF THE DESIGNATED OPEN SPACE, ALTHOUGH IT IS TECHNICALLY OPEN.

THESE ENTRANCES TO THE PROPERTY.

THERE'S ALSO THIS ONE ACRE AMENITY LOT THAT THEY WANT TO BE ABLE TO BUILD AN AMENITY CENTER ON, AND SO THOSE AREN'T COUNTING TOWARD THE REQUIRED OPEN SPACE.

THERE WAS ALSO A TREE SURVEY COMPLETED FOR THIS PROPERTY.

IF ANYBODY WANTS TO GO INTO DETAILS, I HAVE BACKUP SLIDES THAT ZOOM CLOSER INTO SOME OF THESE SCREENSHOTS, BUT I JUST DID THE ONE PICTURE OF THE OVERALL TREE SURVEY, AND THEN WITH THE ECC RECOMMENDATION.

ON APRIL 2ND, THE ECC DID RECOMMEND APPROVAL OF THE REMOVAL OF 129 OF THE 648 TOTAL SPECIMEN TREES, AND THEY ALSO APPROVED THE OPEN SPACE MANAGEMENT PLAN FOR THE SUBJECT DEVELOPMENT.

THIS PROJECT ALSO WENT TO THE PARKS BOARD.

BACK IN DECEMBER, THE PARKS BOARD VOTED TO RECOMMEND APPROVAL OF THE PARK LAND DEDICATION OF A LITTLE LESS THAN SEVEN-AND-A-HALF ACRES OF LAND AND PARK DEVELOPMENT FEES IN THE AMOUNT OF $309,524.

NOW, AFTER THE PARKS BOARD MEETING, TOWN STAFF REQUESTED THE PROPOSED SOUTHERN PARK BOUNDARY BE ADJUSTED AND REDUCED IN SIZE BY APPROXIMATELY 1.5 ACRES.

THAT WAS TO ENSURE THAT THE PARK WOULDN'T CONTAIN ANY FLOODPLAIN.

THE TOWN'S DEVELOPMENT STANDARDS DON'T ALLOW US TO ACCEPT FLOODPLAIN AS PARK PROPERTY.

IT'S POSSIBLE THAT THAT ONE-AND-A-HALF ACRES WON'T BE IN FLOODPLAIN ONCE THEY DO A TRUE FLOOD STUDY.

YOU DON'T DO THE FLOOD STUDY UNTIL YOU GET TO THE POINT OF PLATTING.

THIS IS A CONCEPT PLAN.

THOSE NUMBERS ARE NOT FINALIZED YET.

SO JUST TO BE SAFE, STAFF SUGGESTED THAT THEY REDUCE THAT AMOUNT.

THE OVERALL AMOUNT THAT IS SHOWN FOR DEDICATION IS SIX ACRES, WHAT'S SHOWN ON THE PLAN.

THE FINAL PARK LAND DEDICATION ACREAGE AND THE FEES IN LIEU WILL BE FINALIZED AT THE TIME OF THE SUBDIVISION SITE PLAN, WHICH COMES RIGHT BEFORE THE PLAT, WHEN THE FINAL CONSTRUCTION PLANS ARE REVIEWED AND ALL THOSE SPECIFICS ARE VERIFIED.

I DID WANT TO GO BACK ALSO AND JUST TALK ABOUT, I DIDN'T MENTION IT BEFORE, THERE'S A NUMBER OF TRAILS ALSO THROUGHOUT THE PROPERTY.

SOME OF THESE ARE TOWN REQUIRED TRAILS, SO THEY'RE PROVIDING TRAILS THAT CONNECT THROUGH THE PROPERTY FROM ONE OF THESE TRAILHEADS DOWN TO THE OTHER, AS WELL AS AN EQUESTRIAN TRAIL.

THIS WILL CONNECT UP TO THE TOWN'S OVERALL PARK SYSTEM.

ALL THE TRAILS THAT ARE MORE WITHIN THE PROJECT ARE THE 12-FOOT TRAILS.

I BELIEVE IT'S STILL AN EIGHT-FOOT PIECE THAT CONNECTS THAT NEW TRAIL SYSTEM TO THE PREVIOUS TRAIL THAT'S BEING CONSTRUCTED, OR WILL BE CONSTRUCTED ALONG WALSINGHAM.

THAT'S THE END OF MY PRESENTATION.

THE APPLICANT ALSO HAS A PRESENTATION.

I DON'T KNOW IF YOU'LL WANT TO ASK ME QUESTIONS NOW OR WAIT UNTIL AFTER THEIR PRESENTATION, OR HOWEVER YOU WANT TO PROCEED.

>> DO YOU ALL HAVE ANY QUESTIONS FOR LEXIN?

>> I CAN WAIT.

>> I HAVE QUESTIONS, BUT I CAN WAIT.

>> LEXIN, JUST A COUPLE OF QUICK ONES.

A LOT OF QUESTIONS COMING IN ABOUT SEPTIC SYSTEMS, MINIMUM LOT SIZES FOR SEPTIC.

HOW DO WE HANDLE WHAT A MINIMUM LOT SITE IS AND WHAT TYPE OF SEPTIC SYSTEM WOULD BE REQUIRED IN THAT CIRCUMSTANCE?

>> THE MINIMUM LOT SIZE PER THE STATE IS A HALF ACRE IN ORDER TO HAVE A SEPTIC SYSTEM ON A PROPERTY AND FOR THE TOWN TO BE ABLE TO ACTUALLY ISSUE A PERMIT FOR THAT.

NOW, WE HAVE ACTUALLY UPPED THAT NUMBER TO THREE-QUARTERS OF AN ACRE, WHICH IS WHY WE INCREASED THE MINIMUM LOT SIZE IN A CONSERVATION DEVELOPMENT, AND THAT'S IN COORDINATION WITH A CONSERVATION DEVELOPMENT.

IF YOU JUST HAVE A SINGLE LOT THAT'S ZONED AG, THEN THE TOWN'S NORMAL STANDARD IS FOR IT TO BE A MINIMUM OF TWO ACRES IN SIZE ON SEPTIC SYSTEM.

BUT GIVEN THE FACT THAT THE STATE ALLOWS IT TO BE AS SMALL AS A HALF ACRE, WE DID WRITE INTO OUR ORDINANCE STANDARDS THAT ALLOW FOR THAT SIZE TO BE REDUCED TO THREE-QUARTERS OF AN ACRE IN CONJUNCTION WITH A CONSERVATION DEVELOPMENT.

I'LL SAY THAT PART OF HOW WE LANDED ON THAT NUMBER IS WE SAW THAT THAT WAS THE TYPICAL LOT SIZE THAT WAS REALLY BEING CONSTRUCTED IN THE CROSS TIMBERS.

WHILE THE STATE WOULD ALLOW FOR A HALF ACRE, IT DIDN'T REALLY SEEM AS FEASIBLE FOR THE DEVELOPERS, JUST GIVEN THE SIZE OF SOME OF THE HOUSES THAT WE'RE WANTING TO BE CONSTRUCTED, IT DIDN'T WORK WELL.

THEY REALLY NEEDED A LITTLE BIT OF EXTRA ACREAGE TO MAKE IT WORK.

THAT'S HOW WE ENDED UP WITH THE THREE-QUARTERS OF AN ACRE MINIMUM LOT SIZE FOR SEPTIC SYSTEMS.

>> WE CAN SAY CONFIDENTLY THAT THIS NUMBER OF HOUSES IN THIS AREA,

[02:15:03]

THE LOT SIZES, SEPTIC SYSTEMS WILL NOT HAVE A NEGATIVE ENVIRONMENTAL IMPACT?

>> I BELIEVE SO.

>> ANY MORE COMMENTS? WE CAN OPEN THIS UP FOR PUBLIC HEARING.

>> THE APPLICANT.

>> SORRY. WE DO HAVE THE APPLICANT THAT WANTS TO SPEAK. SORRY.

>> GOOD AFTERNOON, MAYOR AND COUNCIL.

MIKE BOSWELL, 2665 VIRGINIA PARKWAY.

I WANTED TO START WITH A REALLY QUICK STORY.

IF YOU WATCHED THE P&Z MEETING, WE HAD A SMALL PROBLEM WITH THE THUMB DRIVE.

IT WAS THE FILE THAT WAS BROUGHT OVER WAS CORRUPTED, SO WE HAD TO TAKE A MOMENT.

WHEN THAT HAPPENED, I WAS SITTING OVER HERE AND I HAD THESE WORDS GOING THROUGH MY HEADS.

IF YOU NEED ONE BY TWO, AND WHAT THAT WAS IS WHEN I WAS A KID GROWING UP IN RURAL, LOUISIANA, I HAD A PACK MASTER, HIS NAME WAS JOHN ALLEN DIXON.

AMONG THREE THINGS THAT HE WAS KNOWN FOR IS ONE, HE WAS MY PACK MASTER AND HIS DAUGHTER WAS MY DEN LEADER.

HE WAS ALSO THE CHIEF JUSTICE OF LOUISIANA STATE SUPREME COURT AT THE TIME.

HE WAS ALSO A FORMER POW FROM THE SECOND WORLD WAR.

ONE OF THE THINGS YOU LEARNED ABOUT THAT, IT'S A KNOWN PSYCHOLOGICAL EFFECT OF BEING A POW, IS THAT THEY TEND TO BUY TWO OF THINGS.

HE ALWAYS BEAT INTO OUR HEADS.

I'LL SAY ALL THAT TO SAY THIS, I HAVE THUMB DRIVE NUMBER 1 AND I HAVE THUMB NUMBER 2 TONIGHT, AND LEXTON WAS ABLE TO LOAD ONE OR THE OTHER.

THIS AFTERNOON IS THE CULMINATION OF THREE YEARS OF WORK, BUT REALLY IT GOES BACK FURTHER THAN THAT.

DR. BOB SMITH WAS KNOWN HERE IN THE COMMUNITY.

HE WAS A PEDIATRICIAN OF SOME RENOWN.

HE ALSO SERVED IN THE MILITARY LIKE MY PACK MASTER AND WAS A FLIGHT SURGEON IN THE UNITED STATES AIR FORCE.

THEN FROM THERE, HE WENT AND TAUGHT AT UT SOUTHWESTERN WHERE HE TRAINED THOUSANDS OF SURGEONS AND DOCTORS THAT WERE PEDIATRICIANS IN THIS COMMUNITY IN NORTH TEXAS.

I KNOW SOME OF YOU MAY HAVE HEARD DR.

BAIN OF UNIVERSITY OF NORTH TEXAS PASSED AWAY A FEW WEEKS AGO.

THEY SAID HE HAD TRAINED OVER 38,000 PEOPLE IN THIS NORTH CENTRAL TEXAS AREA, IF NOT ACROSS THE WORLD.

BUT LIKE HIM, HE WAS ALSO A BOARD OF TRUSTEE MEMBER OF UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL SCHOOL.

HE LEFT A BIG IMPRINT IN THE MEDICAL FIELD, BUT ALSO HERE IN THE TOWN, HE WAS VERY IMPLEMENTAL IN FIRE STATION NUMBER 2.

WHEN WE STARTED THIS PROCESS, WE REALLY FELT THAT THE FAMILY'S VALUES ALIGNED WITH OURS FOR WHAT WAS GOING TO HAPPEN FOR THE PROJECT.

I'VE SEEN THIS SLIDE BEFORE.

IT'S THE SAME SLIDE YOU SEE IN ALL OF OUR CONSTRUCTION TRAILERS, DIVISION OFFICES.

IF I PULL UP MY COMPUTER HERE TODAY, THIS WOULD BE THE SLIDE THAT YOU WOULD SEE ON THE RIGHT HAND SIDE.

WE'RE HERE TONIGHT TO TALK ABOUT 447 ACRES IN THE CROSS TIMBERS. WE KNOW THAT.

WE UNDERSTAND THE ZONING REQUIREMENTS FOR THOSE DEVELOPMENTS AT THE SAME TIME.

WE TOOK A PAUSE. THIS WAS A THREE-YEAR PROCESS.

WE TOOK A PAUSE DURING 2022 TO LET THE COUNCIL DO ITS WORK WITH THE CONSERVATION ORDINANCE.

TONIGHT, WE'RE PULLING THIS APPLICATION FORWARD IN LIEU OF THAT OR IN LIGHT OF THAT.

WE ARE NOT PROPOSING A MASTER PLAN AMENDMENT HERE.

WE'RE SIMPLY FOLLOWING THE MASTER PLAN AND WHAT'S ALLOWED UNDER THE CURRENT MASTER PLAN.

THE OVERALL LAYOUT FOR THE SITE, LEXTON DID A VERY GOOD JOB.

WE'RE CAPTURING THE THREE QUARTER ACRE MINIMUM.

THAT IS THE SMALLEST ONE AND THE LARGEST ONE IS ABOUT 1.6 ACRES AND CHANGE.

WE ARE ALSO WELL OVER THE 45%.

WE HAD I THINK ABOUT 48% WHEN WE FINISHED AND THEN THAT DOESN'T INCLUDE THE 12 PLUS ACRES THAT WE HAVE AS PART OF NOT CREDITED OPEN SPACE.

WHEN WE DEVELOPED THE PLAN, AS YOU KNOW, WE STARTED WITH THE MASTER PLAN.

WE STARTED TRYING TO UNDERSTAND WHAT THE CONNECTION POINTS ARE AND WHAT THE SITUS IS, AS WE SAY.

WE ALSO START WITH AERIALS FROM THE 1940S.

THIS WAS A 1942 AERIAL OF THE SITE.

WE WERE ABLE TO USE IT TO UNDERSTAND WHERE SOME OF THE EXISTING TREES WERE BECAUSE THOSE ARE THE ONES THAT IN MANY CASES ARE STILL THERE TODAY.

FROM THERE, WE MAP THOSE OUT, AND THEN WE START LOOKING AT THE SLOPES ON TOP OF THAT.

[02:20:02]

WE ALSO HAVE TO UNDERSTAND THE AREAS THAT ARE EVEN LARGER.

NOW, AGAIN, THE SLOPE THAT YOU SEE HERE IS A RECREATION USING LIGHT AERIAL TOPO THROUGH THE CANOPY.

THEN YOU ALSO HAVE TO CONSIDER THAT IT IS A GENERATED SURFACE BY A GIS MODEL.

IT IS NOT SAYING THAT THAT IS EXACTLY WHERE THE 12% IS.

THAT WILL BE SUBJECT TO A FUTURE DISCUSSION WITH MORE TIDE DOWN ON THE GROUND TOPO.

BUT BASED ON HOW THE STAFF LOOKS AT THEIR MAP AND HOW WE LOOK AT OUR MAP, WE RECREATE THAT MAP AND THIS ONE MATCHES FAIRLY CLOSELY WITH THE EXISTING MAP THAT THE TOWN HAS.

IT IS VERY GRANULAR.

IT'S LIKE ON A 25 BY 25 GRID.

WE ALSO LOOK AT THE DEVELOPED TRAILS THAT ARE IN THE VICINITY, THEN WE MAP TO THAT WHERE THE MASTER PLAN SHOWS THE NEED FOR TRAILS, AND THEN WE START CONNECTING THE DOTS.

THIS IS WHAT WE'VE COME UP WITH IN TERMS OF THE TRAIL CONNECTIVITY, WHERE THE TRAILHEADS NEED TO BE.

THIS IS PRETTY MUCH CARTE BLANCHE RIGHT OR NOT.

CARTE BLANCHE WAS TAKEN DIRECTLY FROM THE TOWN'S MASTER PLAN FOR TRAILS.

WHEN WE WERE PARTICIPATING IN THE TRAIL STUDY THAT WAS DONE A FEW YEARS AGO, IT WAS UPDATED, WE WERE ALSO VERY COGNIZANT OF WHERE THIS IS, BOTH NORTH-SOUTH AND EAST-WEST.

UNDERSTANDING WHERE BICYCLISTS WOULD GO VERSUS CYCLIST.

WHERE ARE MOM AND DAD GOING TO TAKE THEIR THREE-YEAR OLD TO LEARN TO RIDE THEIR BIKE? THAT'S A DIFFERENT PLACE THAN WHERE YOU WOULD PUT A CYCLIST.

AT THE SAME TIME, WE'RE VERY AWARE OF WHERE THE TRAIL SYSTEMS ARE FOR EQUESTRIAN USES.

WE'VE BUILT A LOT OF THEM HERE IN TOWN, IN FACT, THE ONES YOU SEE ON THE MAP THERE ARE ONES THAT WE HAVE BUILT.

BUT AT THE SAME TIME, WE WANTED TO MAKE SOME OF THESE FACILITIES DUAL PURPOSE.

FOR INSTANCE, THE STUFF AT THE SOUTHWEST CORNER THERE, WE WANTED TO MAKE IT SO THAT IT COULD BE USED AS BIKING OR AS HORSE RIDING.

THIS IS ONE OF THE PROPOSED LAYOUTS THAT WE'VE DISCUSSED WITH THE STAFF AS WELL AS WITH THE PARKS BOARD.

THEY WERE AMENABLE TO THIS.

AS LEXTON POINTED OUT, THE CONCERN HERE IS THAT UNDER THE ORDINANCE, YOU CANNOT DEDICATE FLOODPLAIN FOR PARK.

IT CAN BE OPEN SPACE, BUT IT CAN'T BE PARK.

WE'RE AWARE THAT IN THE FUTURE, WE DO NEED TO DO A FLOOD STUDY, WHERE WE'LL DO CROSS SECTIONS OF CARDINAL DRIVE, WE'LL GO DOWNSTREAM OF THAT.

WE'LL ALSO GO ALL THE WAY UP TO THE HIGHER REACH OF THAT DRAINAGE AREA AND UNDERSTAND WHAT THE DRAINAGE DOES THERE.

BUT IN THIS INSTANCE, WE'LL BASICALLY FIND OUT WHERE THAT LIMIT LINE IS AND THEN PUSH UP AGAINST IT SO THAT THEY HAVE ACCESS TO THOSE POINTS AS WELL.

THIS IS THE NORTHEASTERN TRAILHEAD.

WE WANTED TO ADD SOME ABILITY TO BRING PEOPLE IN OFFLOAD.

WE WANTED TO PROVIDE THEM A PLACE TO GET OFF OF THE STREET SO THAT THEY COULD HAVE ACCESS TO THESE OPEN SPACES.

AGAIN, WE'RE PRESERVING 204 ACRES THAT'S CREDITED.

HAVING ACCESS TO THOSE OPEN SPACES IS JUST AS CRITICAL AS HAVING THEM.

WHEN WE WERE DISCUSSING WHO WE WOULD PUT IT IN A CONSERVATION AGENCY TO COMERICA CAME UP.

THE CHALLENGE THAT COMERICA HAD WAS THAT THEY WOULD NOT ALLOW ANYONE ACCESS TO THE OPEN SPACE.

OVER TIME, COMERICA WENT BANKRUPT AND THE OPEN SPACE WAS NOT ENJOYED FOR WHAT IT WAS.

THESE ARE JUST SOME OF THE TRAILHEAD CONCEPTS, THE IDEA OF USING NATIVE STONES AND WIDER TRAILS AND GETTING PEOPLE INTO THE SHADE DURING THE SUMMER SO THAT THEY'RE USED.

WHEN IT'S ALL LAID OUT, THIS IS HOW IT PLAYS AND LOOKS OUT ON THE PROPERTY.

YOU CAN SEE THE TWO TRAILHEADS, THE ONE AT THE NORTHEAST CORNER, THE ONE AT THE SOUTHWEST CORNER.

AGAIN, BRINGING PEOPLE FROM THE NORTH REACH OF LAKE GRAPEVINE, ALL THE WAY TO 1171.

EVENTUALLY, THAT WILL GO OVER TOWARDS THE EAST AS WELL.

A LOT OF DISCUSSION ABOUT TREE REMOVAL.

THIS IS WHAT I CALL MY JOSEPH CONRAD SLIDE.

EVERYBODY THINKS THAT THAT PILE OF TREE BARK IS OFF OF A TOLL BROTHERS SITE.

IT IS NOT. THAT WAS A SITE PICTURE TAKEN AT THE HEIGHT OF THE EMERALD ASH BORE INFESTATION.

WHAT WAS HAPPENING THERE IS THAT ELMS HAD BEEN INFECTED.

THE ONES IN TERRA COUNTY THEY WANTED TO KEEP OVER THERE, WHICH IS WHERE TALON YARD IS.

BUT THEY ALSO CAN'T REPACKAGE THAT STUFF AND SEND IT TO DENTON COUNTY.

IT HAS TO BE TREATED.

VERY MUCH THE SAME THING.

IF WE HAVE OAK WEALTH ON ONE OF OUR SITES, WE DON'T WANT TO MOVE IT WITHOUT KNOWING WHERE IT'S GOING OR HOW IT'S GOING TO BE USED.

WE DON'T WANT TO MUNCH IT UP AND PUT IT ON A PERFECTLY HEALTHY TREE.

BUT AT THE END OF THE DAY, EVERY TREE THAT WE TAKE DOWN AND CAN'T DO SOMETHING WITH, WE WANT TO UPCYCLE IT, WE WANT TO UNDERSTAND WHAT'S GOING TO HAPPEN TO IT.

IN THIS INSTANCE, WHEN ALL ELSE FAILS, THELIN IS THERE IN ORDER TO HELP US, AND WE KNOW THAT THEY'RE GOING TO DO THE RESPONSIBLE THING WITH IT AND TREAT THAT SO THAT WE DON'T SPREAD DISEASE SO THAT WE DON'T SPREAD INFESTATION.

BUT THAT'S NOT THE ONLY THING WE DO WITH THEM.

[02:25:02]

VERY OFTEN, WE WILL GO AND HAVE THOSE TREES PROCESS, WE'LL CUT THEM INTO BLOCKS. WE'LL LET THEM DRY.

THE YOUNG MAN THERE IS MY SON.

HE ACTUALLY SHOT 81 AT STATE THIS WEEKEND.

SORRY, IT'S A THING.

HE'S SEVENTH GRADE, SO HE WAS KILLING IT.

WITH THAT SAID, WE'LL ALSO TAKE AND SET THESE ALONG THE PATHWAY SO THAT PEOPLE HAVE A PLACE TO REST.

ONE OF THE THINGS THAT WE'VE SEEN WITH THE ONES AT THIS PARTICULAR PROJECT ON THE BOTTOM RIGHT, PEOPLE WILL GO AND SIT THERE IN THE MORNING AND WRITE.

THE OTHER THING IS WE LOOK FOR CRITICAL TREES THAT ARE IMPORTANT TO THE PEOPLE AND THE FAMILIES THAT SURROUND THAT ARE INVOLVED WITH THE PROJECT.

FOR INSTANCE, IN THIS CASE, THE VICKERY FAMILY WAS A FOUNDING FAMILY OF COPPER CANYON.

YOU GO TO THE CITY HALL, THE PICTURE IS THERE.

ON THE SITE, AS YOU DRIVE IN THE DRIVEWAY.

THEY HAD A PECAN TREE THAT WAS THERE.

IT WAS ONE OF THE FOUR REALLY NICE TREES ON THE SITE THAT HAD ISSUES.

WHAT WE ENDED UP DOING IS RATHER THAN JUST MUNCHING IT UP, WE TURNED IT OVER TO HARDEN SAWMILL IN SANGER, TEXAS.

THEY THEN CUT IT INTO 10 SLABS AND PLACED IT IN A KILN FOR 18 MONTHS.

ONCE THAT WAS DONE, WE PULLED IT OUT OF THERE, AND WE HAD A LOCAL BUSINESSMAN WHO LIVES IN FLOWER MOUND AND HAS A SHOP IN LOUISVILLE.

HE CAME IN AND CREATED THE TABLE FROM ONE OF THE 10 SLABS, AND WHAT ENDS UP HAPPENING IS IT ALLOWS US TO PRESERVE THAT TREE MEMORIAL AND WE DEDICATED IT BACK TO THE TOWN OF COPPER CANYON, AND IT TOOK US ABOUT A YEAR TO MAKE THAT TABLE JUST BECAUSE IT WAS JUST A PROCESS OF GOING THROUGH, LETTING IT DRY, MILLING IT, FILLING IT, REPLANTING IT, AND ALL THAT GOES ALONG WITH IT.

BUT AT THE END OF THE DAY, TREE 2080, WE KEPT TRACK OF FROM THE MOMENT WE CUT IT DOWN.

WE TAGGED IT BEFORE THEN, WE TOOK IT AND PUT IT IN A TRUCK, WHEN IT GOT TO HARDEN AND WAS CUT TO SIZE.

IT WAS TAGGED THERE AS WELL WITH A BARCODE, AND THEN WE KNEW WHO IT WAS WHEN WE BROUGHT IT BACK TO THE SITE.

WE WERE ABLE TO SAY TREE 2080 MADE IT HOME.

WITH TREES, WE TAKE A VERY CLINICIANS LOOK, IF YOU WILL.

>> WE'RE NOT GOING TO JUST GO OUT AND PROMISE THAT WE CAN SAVE EVERY TREE.

WE'VE LEARNED THROUGH SUCCESSIVE PROJECTS, NOT JUST HERE IN FLOWER MOUND, BUT JUST ABOUT ANYWHERE, THAT YOU CAN KILL EXISTING STANDS OF TREES BY ROOT PRUNING THEM WITH FRANCHISE UTILITIES.

WE'VE LEARNED THAT YOU CAN KILL THEM WITH WATERING WHEN THEY'VE NEVER HAD WATER BEFORE.

WE ACTUALLY LOST TWO IN OAKBRIDGE AT FLOWER MOUND WHEN THIS IRRIGATION CAME OFF OF AN UPGRADIENT INTO THE TWO TREES AND THEY HAD NEVER HAD THAT WATER BEFORE.

THAT HAD A RIVER DOWNSTREAM OF THEM, BUT THEY HAD NEVER HAD WATER COME IN FROM THE TOP UPGRADE OF THEM.

WE WANT TO UNDERSTAND WHERE WE'RE PUTTING THE IRRIGATION LINES, WE WANT TO UNDERSTAND WHERE WE'RE PUTTING THE IRRIGATION FOR NEW TREES, WHICH WERE REQUIRED TO PLAN UNDER THE ORDINANCE, AND WE ALSO WANT TO MAKE SURE THAT WE UNDERSTAND ALL THOSE LITTLE THINGS THAT GO INTO THAT.

ANOTHER EXAMPLE IS AT THIS STAGE, WE WILL BASICALLY TAKE, AND HAVE AN ARBORS GO TO THE SITE, BARTLETT TREE SERVICES IS THE GROUP THAT DID THIS, AND WHAT THEY'LL DO IS THEY'LL TAKE A SHOT ON THE TREE, THEY'LL GIVE US AN X, Y, AND Z.

THAT'S WHERE IT IS LEFT AND RIGHT, AND THEN WHERE IS IT AT ELEVATION-WISE SO THAT WE CAN MANAGE WHERE THE SLOPES ARE FROM IT.

WE KNOW THAT IT'S UPGRADIENT OF A CERTAIN POINT.

WE THEN WE'LL START LOOKING AT OUR LAND PLAN, AND SO WE HAVE TWO MEASUREMENTS THAT WE THEORETICALLY, I GUESS, CALCULATE IS THE BEST WAY TO SAY IT, IS THE CRITICAL ROOT ZONE, AND THEN WE ALSO WILL CALCULATE THE THEORETICAL DRIP LINE.

WE ALSO KNOW THAT MANY TREES HAVE WHAT WE CALL UNCORRECTED LEAN, THAT CAN BE FROM A LIGHTNING STRIKE, THAT CAN BE FROM A WINDSTORM, THAT CAN BE FROM A BRANCH THAT BROKE OFF WHEN IT WAS YOUNGER.

THERE'S A LOT OF THINGS THAT CAN CAUSE THAT.

THERE ARE A LOT OF OTHER THINGS THAT CAN AFFECT A TREE, THEY CAN HAVE CANOPY DIEBACK AND ALL THAT GOOD STUFF.

BUT WE UNDERSTAND UNCORRECTED LEAN FROM THE STANDPOINT OF HOW THE SITE LAYS OUT, BECAUSE WHAT WE DO AFTER THAT WITH THE RECORD PLAT IS WE WILL GO IN THOSE TREES THAT ARE REMOTELY CLOSE TO THE LOT, TO THE PAD, TO THE STREET, TO THE BORROW DITCH, WE'LL GO THROUGH AND WORK THROUGH TO FIND OUT HOW FAR IS THAT TREE OFF CENTER.

WE WANT TO UNDERSTAND, IS IT LEANING RIGHT OR IS IT LEANING LEFT? IS IT ENCROACHING IN AN AREA THAT WE MIGHT NEED TO SHIFT A ROAD OVER? BUT THAT'S GOT TO HAPPEN WITH SCIENTIFIC DATA THAT WE RECEIVE THROUGH THE SURVEYING COMPANY, AND THAT'S IN CLOSE CONSULTATION WITH THE TREE SURVEY WORK THAT HAPPENS AT THE RECORD PLAT.

THE OTHER THINGS THAT WE'LL MANAGE THROUGH PRETTY TIGHTLY IS WHEN WE LOOK AT WATER COURSES.

WHEN WE HAVE WATER COURSES, WE WILL TRY TO MAKE SURE THAT WE UNDERSTAND IF YOU'VE GOT A TREE THAT'S ON THE DOWNGRADIENT END AND YOU TAKE IT OUT,

[02:30:02]

IT'S LIKELY YOU WILL IMPACT THE TREES UPGRADIENT OF IT.

THESE TREES DO SOMETHING CALLED HYDRAULIC LIFTING.

WHAT HAPPENS IS THAT BOTTOM TREE WILL LIFT WATER THROUGH ITS NORMAL PROCESS EACH DAY TO HIGHER TREES THROUGH CAPILLARY ATTRACTIONS, AND IF IT'S NOT DONE CORRECTLY, YOU CAN END UP WITH THE DAISY CHAIN SITUATION WHERE YOU MAY KILL THE TREE UPREACH.

WITH THAT SAID, WE MONITOR THAT VERY CLOSELY WITH OUR LAND PLAN.

WE ALSO WANT TO MAKE SURE THAT THE DRAINAGE FLOWS THROUGH THERE AND WE DON'T HAVE TREES LIKE POST OAKS OR BUR OAKS THAT SIT IN WATER FOR ANY LENGTH OF TIME, THEY DON'T LIKE THAT.

PLANTS ARE A LITTLE MORE FORGIVING.

JUST TO WALK YOU THROUGH SOME OF THE UNCORRECTED LEAN AND SOME OF THE OTHER THINGS THAT WE'LL GO THROUGH AS WE WORK TO BRING THE TRAIL SYSTEM THROUGH THERE.

A CASUAL OBSERVER WOULD LOOK AT THIS TREE AND SAY, IT LOOKS GREAT.

IT'S A 54.5 POST OAK TREE, AND IT LOOKS GREAT.

HOWEVER, WHEN WE GOT DOWN INTO IT AND WE DID OUR BASIC SURVEY ANALYSIS OF IT, THAT WAS ONE THING, BUT THEN WE ALSO HAD THE TREE ARBORIST HAVE TO LOOK AT IT AND GIVE US AN IDEA OF, IF THIS THING IS CLOSE TO SOMEONE, WHAT'S THE LIKELIHOOD OF IT FALLING OR DROPPING A LIMB? THEN WHAT'S THE CONSEQUENCES OF THAT? THE OTHER THING THAT WE CAN LOOK AT IS WE BRING IN WHAT'S CALLED A TOMOGRAPHY, WHERE WE BASICALLY USE ULTRASOUND TO CHECK THE HOLLOW VERSUS THE LIVE GROWTH OF THE TREE.

WHAT HAPPENS HERE IS YOU GET INTO, WHAT'S THE WIND PROFILE OF THIS TREE? IF THIS TREE WAS OUT IN THE FIELD BY ITSELF, IT'S FAIRLY STABLE.

BUT IF IT'S INSIDE OF A GROVE OF TREES AND YOU CLEAR TREES NEXT TO IT, IT CAN INCREASE ITS WIND PROFILE THAT IT'S NEVER HAD.

TWENTY YEARS AGO, I HAD A RED OAK TREE THAT WAS 30 INCHES, AND SPENT $30,000 LIMBING IT UP, CLEARING UNDERBRUSH FROM IT, AND THE FIRST WINDSTORM TOOK IT OUT BECAUSE WE DIDN'T DECREASE ITS WIND PROFILE.

WE WERE FORTUNATE THAT IT DIDN'T LAND ON A HOUSE.

BUT WE GO THROUGH THESE LENGTHS AND MEASURES TO TRY TO UNDERSTAND FROM A SCIENTIFIC STANDPOINT WHETHER THIS TREE IS GOING TO LAST.

NOW REMEMBER, THIS TREE HAS UNCORRECTED LEAN, SO IF IT'S GOT THE ONLY LIVE PART OF IT IS ON THE OUTSIDE EDGES AND IT'S TWISTING IN THE WIND, THERE'S REAL CONCERN ABOUT THAT TREE TWISTING AND BREAKING OFF IN A HIGH WIND EVENT.

WE'VE SEEN THIS IN TOWNE LAKE.

ABOUT EIGHT YEARS AGO, WE HAD WIND DAMAGE THAT WENT ALL THE WAY TO SOME OF OUR HOMES THAT WERE IN COLVILLE, ALL THE WAY THROUGH THE NORTHWEST CORNER OF TOWNE LAKE, AND IT ACTUALLY FELL A NUMBER OF TREES.

IT'S JUST A STRAIGHT LINE WIND THAT TAKES THESE TREES OUT, AND SO WE WANT TO MANAGE THROUGH THAT AND MAKE SURE THAT WE'RE TRACKING THAT DAMAGE AS WELL.

AS FOR THE OVERALL TREE MITIGATION AND WHERE WE SIT TODAY, WE'VE PRESERVED 82% OF THE UPLAND HABITAT.

I BELIEVE THAT'S WELL IN EXCESS OF THE MINIMUM.

AT THE SAME TIME, THE RIPARIAN HABITAT IS NOT AFFECTED.

THE OVERALL TREE MITIGATION CURRENTLY IS WELL OVER 50% IN TERMS OF CREDIT, SO WE'RE ACTUALLY IN A CREDIT SITUATION.

I THINK THAT MAY CHANGE TO THE BETTER OVER TIME.

I ALSO THINK THAT THERE'S GOING TO BE SOME CHANGES WHEN WE GET DONE WITH THE FLOOD STUDY BECAUSE THE WAY THE TOWN ORDINANCE CURRENTLY READS IS THAT, IN THE FEMA-DELINEATED AREAS, THOSE TREES AREN'T ALLOWED TO COUNT FOR CREDIT.

AS MENTIONED PREVIOUSLY BY LEXON, THE ECC APPROVED THE REMOVAL OF THE 129 TREES.

DOES THAT MEAN THAT THAT'S ALL THAT WE'RE GOING TO DO? NO, ABSOLUTELY NOT.

I THINK THERE'S A NUMBER OF TREES.

ACTUALLY WE HAD PAUL OUT THERE TODAY LOOKING AT SOME OF THEM.

THERE'S A NUMBER OF THEM THAT WE THINK THAT WE CAN SAVE, LIKE 41, 44.

THERE'S A NUMBER OF THEM THAT WE FEEL FAIRLY CONFIDENT ABOUT.

BUT WE ARE GOING TO BE REALIST AND WE'RE GOING TO BE VERY SERIOUS ABOUT OUR CHARGE HERE.

THIS THING HAS TAKEN OFF ON ITS OWN.

DON'T YOU HATE THAT? I WANT TO GO BACK TO THIS ONE.

BUT AT THE SAME TIME, WE WANT TO WORK THROUGH THAT WITH STAFF, AND YOUR STAFF IS GREAT AT HELPING US WITH THAT.

THEY KNOW WHAT THE ORDINANCE SAYS, BUT THEY ALSO ARE TECHNICIANS IN THOSE RESPECTIVE FIELDS.

AS MENTIONED EARLIER, WE ARE IN THE CROSS TIMBERS, WE'RE AWARE OF THAT.

I'M NOT REAL CONVINCED AS A PRACTICAL MATTER THAT WE'RE IN THE ANCIENT GROVES.

WE WERE ABLE TO MANAGE AND LOOK AT THAT IN REAL TIME WHEN WE WERE IN TOWNE LAKE.

WE DID A STUDY OF THE PROTECTED TREES IN 2012 PRIOR TO OUR ZONING APPLICATION.

[02:35:02]

IT DID THIS TO ME LAST TIME. I APOLOGIZE.

BUT AT THE SAME TIME, WE ALSO DID A STUDY IN 2018 WHEN WE DID OUR RECORD PLAT.

WHAT HAPPENED, WHAT WE FOUND IS THAT OVER TIME, THE TREES THAT WERE NOT EVEN CAPTURED ON THE FIRST SURVEY GREW UP, THEY WENT FROM AWKWARD ADOLESCENCE TO WE NOW WANT TO HAVE A SEAT AT THE TABLE.

IT WAS 52 TREES IF MEMORY SERVES.

AT THE SAME TIME, WHAT WE NOTICED IS THAT THE OLDER TREES THAT WERE ALREADY IN DECLINING HEALTH DIDN'T GROW, BUT WE ALSO FOUND THAT THE YOUNGER TREES GREW MORE LIKE TWO INCHES A YEAR, THAT WAS THE HIGHEST ONE.

ACTUALLY THAT WASN'T. THE OTHER QUESTION THAT'S COME UP IS CONCERNING INDIAN MARKING TREES.

I CAN SAY WITH 100% CERTAINTY, THERE ARE NO INDIAN MARKER TREES ON THIS SITE.

NOW, THE NEXT QUESTION IS, ARE THERE ANY CANDIDATES? THE SHORT ANSWER TO THAT IS OUR ARBORISTS HAVE LOOKED AT THIS, THE GENTLEMAN JUSTIN, HE'S LICENSED IN FLORIDA, SO HE WORKS WITH THESE IN THE SEMINOLE NATION.

HERE, IT'D BE THE COMANCHE NATION AND THEIR PEOPLES.

BUT LOOKING THROUGH THE SITE, AND AGAIN, TODAY WE HAD PEOPLE OUT THERE, WE HAVEN'T FOUND ANY.

NOW, WE WOULD BE OVER THE MOON IF WE DID, BECAUSE LIKE THE HOUSE THAT WAS PRESERVED THROUGH WORKING WITH DENTON COUNTY AND CURTIS GRANT YEARS AGO, THE FARMHOUSE THERE, IT WOULD BE THE FIRST INDIAN MARKING TREE IN DENTON COUNTY.

BUT HAVING TALKED WITH THE CONSULTANTS THAT ARE RESPONSIBLE FOR DOING OUR SURVEY AND HAVING TALKED WITH THE PEOPLE THAT ARE RESPONSIBLE FOR RECOGNIZING THOSE TREES, THEIR RESEARCH ON TWO PRIOR APPLICATIONS INDICATED THAT THERE WERE NO INDIAN MARKING TREES LIKELY IN THE CHINN CHAPEL SURVEY, OR THE CHINN CHAPEL SETTLEMENT, WHICH THIS PROJECT IS LARGELY IN BECAUSE THE CHINN CHAPEL SETTLEMENT WENT WEST OF SHILOH.

AGAIN, WE WOULD LOVE IT IF THERE WAS ONE.

WE HAVE 216 ACRES THAT WE COULD BUILD SOMETHING AROUND IT.

THE OVERHEAD EXCEPTION.

I CERTAINLY HOPE THIS SPEAKS FOR ITSELF.

WHAT WE HAVE HERE IS, WE GO BACK TO THAT EARLY 1942.

HERE'S WHERE THAT ORIGINAL TREE STAND WAS, AS YOU CAN SEE, WHEN TXDOT CAME THROUGH AND IMPROVED 1171, THEY CLIPPED THE NORTHEAST CORNER OF THAT, AND THEN OVER TIME, THE FRANCHISE UTILITIES HAVE COME IN ALONG THAT RIGHT-OF-WAY LINE.

WHAT OUR THINKING IS IS THAT THIS BEING ONE OF THE OLDER STANDS OF TREES ON THE PROPERTY, WE'D PREFER TO NOT TOUCH THOSE AGAIN.

LEXON LAID OUT THE REASONS WHY.

PRESENCE OF THEM HAVING AN EASEMENT, I THINK YOU MADE THE NOTE EARLIER OF US HAVING CONTROL OF THE EASEMENTS.

UNTIL THAT HAPPENS, THEY WOULD HAVE A DEDICATED AND WOULD REQUIRE A DEDICATED EASEMENT, AT WHICH POINT THEY WOULD MOST LIKELY TAKE OUT ALL THE TREES.

I THINK AT THE END OF THE DAY, WE'LL WORK CLOSELY WITH THE TELECOM FRANCHISE PROVIDERS THAT ARE HANGING OFF THAT TREE, WHICH IS THE GAUDIEST PART OF IT, AND TRY TO GET THOSE RE-ROUTED THROUGH THE SUBDIVISION, AND THEN AT THE SAME TIME, WORK ON THE STUFF THAT GOES DOWN SHILOH ROAD, WHICH IS LARGELY WHERE THE OVERHEAD STUFF IS, IT'S A DUAL CIRCUIT BETWEEN UNCORE AND CORE SERVE.

I DON'T KNOW IF THAT REALLY DOES ANYTHING FOR YOU, IT COULD. WILDLIFE.

>> A LOT CAN BE SAID ABOUT THAT.

I WAS TALKING TO MR. HILLARD THE OTHER DAY IN THE CONTEXT OF SOME FFA STUFF THAT WE WERE DISCUSSING.

FUN FACT, RON HILLARD WAS A PRESIDENT OF THE LOUISVILLE FFA WHEN HE WAS IN HIGH SCHOOL.

HE ALSO KNEW CHESTER BOYD.

WITH THAT SAID, HE SAID, MIKE, I DON'T REMEMBER AS A KID SEEING A LOT OF DEER BECAUSE, WELL, IF THEY HAD, I WOULD HAVE SHOT THEM.

STEVE BARNETT, WHO'S ALSO BIG IN THE FFA, HE ASSURED ME THAT WHEN HE WAS A KID, THEY HAD TO GO TO WEST TEXAS TO SHOOT DEER.

IT'S LARGELY THE CREATION OF THESE OPEN SPACES AND CONSERVATION AREAS THAT HAS ALLOWED THESE DEER TO START COMING IN AND THEY'VE GOT VERY HEALTHY FOOD SOURCES, AND I THINK SOME PEOPLE ARE FEEDING THEM TOO.

BUT WITH THAT SAID, WE CAN GO TO OTHER WEBSITES LIKE INATURAL.ORG, AND WE CAN SEE WHERE PROFESSIONALS AND AMATEUR WILDLIFE ENTHUSIASTS ARE GOING THROUGH AND BASICALLY CATALOGING WHAT THEY SEE ON THE SITES.

WE CAN ALSO ZOOM OUT TO THE NEXT LEVEL AND SEE THAT BIODIVERSITY IS STILL THERE.

TO SAY THAT IT GOES AWAY, I'M NOT BUYING THAT.

BUT AT THE SAME TIME, BECAUSE THERE WERE SOME QUESTIONS ABOUT DIFFERENT VARIETIES OF ANIMALS ON THE SITE, WE ENGAGED A BIOLOGIST TO GO OUT IN ADDITION TO THE REGULAR STUDIES THAT WE DO FOR SMART GROWTH FOR EPP, ETC, TO CHECK FOR EAGLES, TO CHECK FOR DIFFERENT BIRDS.

THEY JUST DIDN'T FIND THEM. WE DID NOT FIND THEM.

I'LL SAY THEY SUBMITTED THEIR WORK TO THE TEXAS PARKS & WILDLIFE FISHERIES.

[02:40:05]

THEY ISSUED A CLEAN BILL OF HEALTH HERE AS WELL.

THE OPEN SPACE MANAGEMENT PLAN, THIS IS WHAT WAS APPROVED BY P&Z AS WELL.

AGAIN, WE ARE JUST LAYING OUT THE DIFFERENT LEVELS OF MAINTENANCE THAT WE'RE PROPOSING AT THE JOB.

WE'RE DOING EVERYTHING FROM AREAS THAT WE'LL JUST SIMPLY LEAVE ALONE.

WE'RE GOING TO HAVE AREAS WHERE WE'LL LIM EVERYTHING UP, TRY TO GET THE VINES OFF, WE'LL HAVE AREAS WHERE WE HAVE ENTRY FEATURES AND JUST DIFFERENT LEVELS.

AGAIN, A SNAPSHOT OF THE TOTAL ACREAGE.

WE GO THROUGH WHERE WE HAVE THE LOTS, WE HAVE THE ONE AMENITY CENTER LOT.

WE ALSO HAVE THE RIGHT AWAY DEDICATION FOR THE MASTER PLAN INFRASTRUCTURE.

THE INTERNAL DEDICATED STREETS ARE HERE.

AGAIN, WE HAVE 204 ACRES THAT ARE DEDICATED AS OPEN SPACE TOWARDS THE 45%.

ADDITIONALLY, WE HAVE THE 12 PLUS ACRES THAT WERE UNCREDITED, BUT WE DO HAVE IT HERE.

IF IT'S NOT ONE TYPE OF OPEN SPACE, IT'S GOT TO BE ANOTHER.

A LOT OF DISCUSSION ABOUT THE PRODUCT.

I'M GOING TO TAKE YOU ON A TOUR OF FLOWER MOUND AND HOW TOLL HAS BUILT OVER TIME.

THIS WAS THE HOME THAT WAS BUILT IN THE 2000S.

IT'S LARGELY RED BRICK WITH SOME TAN STONE.

THIS WOULD HAVE BEEN WHAT THE PRESERVE MODEL LOOKED LIKE.

THEN OVER TIME, WE STARTED INTRODUCING THE BEL ONE, WHICH HAS THE WOOD ACCENTS.

YOU CAN ONLY SEE A LITTLE BIT OF HERRINGBONE PATTERN HERE.

THE STONE STARTS GETTING A LITTLE MORE EARTH TONE.

THEN WITH BOTH OAK BRIDGE AND FLOWER MOUND, AND WITH TOWN LAKE, THOSE ACCENTS GROW, THE STANDING SEAM ROOF GETS INTRODUCED, THE COLORS ARE MORE LIGHT IN COLOR, BUT THESE WERE BUILT ROUGHLY AT THE SAME TIME.

THEY HAVE A LOT OF THE SAME THINGS THAT YOU SEE TODAY IN OUR PRODUCT.

BUT IT'S ALSO JUST A FIVE-YEAR GLIMPSE.

NOW, YOU'RE SEEING THE REINTRODUCTION OF CAST STONE, YOU'RE SEEING THE INTRODUCTION OF LIFESTYLE WINDOWS WHERE YOU DON'T HAVE THE SLATS AND RAILS, YOU'RE ALSO SEEING THE REINTRODUCTION OF DORMERS THE POINT IS THAT THE MARKET MOVES AND PREFERENCES CHANGE.

AT THE BEGINNING OF THIS PROCESS WHEN WE DID OUR FIRST EPN, ALL WE HAD WAS A HAND SKETCH OF THIS, AND NOW IT'S MOVED FROM THAT TO A CONCEPT DRAWING TO WE'VE BUILT IT.

WHAT YOU'RE GOING TO SEE HERE ARE THE SAME THING WITH THE LIFESTYLE WINDOWS.

THERE'S A LITTLE BIT OF SLIDERS WORK IN THERE.

YOU'RE STILL SEEING SOME OF THE ARCHITECTURAL STANDING SEAM ROOFS, BUT NOW THE WOOD IS DISAPPEARING AND THE METAL IS STARTING TO SHOW UP IN THESE ELEMENTS.

YOU'RE STARTING TO SEE THE FARMHOUSE LOOK, THE DARKER COLORS ARE COMING BACK.

WE ACTUALLY HAVE A BLACK STONE NOW.

I WOULDN'T HAVE IT ON MY HOUSE, BUT HEY, TO EACH HIS OWN.

THIS IS JUST A TOUR OF WHERE WE'RE AT TODAY.

OVER TIME, WHICH WILL BE A 10-YEAR PROJECT FOR US, THESE CHANGES THAT HAVE ALREADY HAPPENED FROM THE FIRST SLIDE SHOW TO THIS SLIDE, WE'RE GOING TO HAVE THAT SAME CHANGE OVER THAT TIME.

WE HAVE TO BE CAREFUL WITH THE ARCHITECTURE.

WE CAN'T PREDICT THAT, AND IT DOES CHANGE, IT'S A SOCIETAL THING.

THESE ARE SOME RENDERINGS THAT WE'VE PREPARED FOR THE SITE.

THIS IS A VIEW LOOKING FROM THE NORTH WEST CORNER.

YOU CAN SEE THE FIRE STATION HERE, LOOKING BACK OVER TOWARDS LAKE GRAPEVINE.

THIS IS A MUTED EXAMPLE OF THE ENTRY FEATURE.

NOTICE YOU DON'T SEE A WHOLE LOT.

WE'VE REALLY TRIED TO STAY CLOSE TO THE ORDINANCE AND KEEP THE SIGNAGE SMALLER SO IT'S NOT OBTRUSIVE.

THE UP LIGHTING, I DON'T EVEN LIKE THE UP LIGHTING AT THE SIGN AT TOWN LAKE.

THE LIGHTING THAT YOU HAVE IN THE COLUMNS IS GREAT, BUT WE'RE STARTING TO MOVE TOWARDS BACK-LIT LETTERS AS OPPOSED TO LETTERS THAT HAVE LIGHT BLASTING AGAINST THEM.

THE FENCE THAT WE'VE BEEN TALKING ABOUT? WE'RE TALKING ABOUT SMALL PIECES OF FENCE LIKE YOU SEE HERE, POST WITH METAL RAILING.

THERE'S SOME DIMENSIONALITY TO IT.

THE IDEA HERE IS THAT IF YOU WENT BY AN OLD FARM, YOU WOULD SEE THE T POST, YOU WOULD SEE THE INTERMEDIATE POST WITH THE PIPE STEEL PROBABLY EVERY 200 FOOT OR SO, AND IT WOULD BE BARBED WIRE.

THIS IS REALLY TRYING TO CAPTURE THAT IN A LITTLE BIT MORE MODERN AND ELEGANT WAY.

IT'LL BE THE LARGE POST WITH A HOLE IN IT AND WIRE.

IS IT GOING TO BE THREE WIRES OR FOUR? I DON'T KNOW. IT WILL PROBABLY BE THREE WIRES, JUST FOR ELEGANCE AND GETTING IT TOO CLOSE TO THE GROUND.

IN SHRUBBERY, YOU WON'T SEE IT ANYWAY.

BUT THE IDEA HERE IS IT BUILDS OFF OF WHAT WE'VE LEARNED IN TOWN LAKE.

WITH TOWN LAKE, WE HAD THE WOOD FENCE WHERE IT'S THE WOOD POST WITH THE SLATS,

[02:45:02]

AND OVER TIME, WHAT WE FOUND IS COLOR CONTROL IS DIFFICULT.

FROM PHASE 1 TO 3, WE WERE CAREFUL NOT TO STAIN IT BECAUSE EVERY SECTION WOULD HAVE BEEN DIFFERENT.

SAME THING WOULD HAVE HAPPENED ON PHASE 4, AND IT WOULD HAVE BEEN A DIFFERENT COLOR ALTOGETHER.

WHAT WE DID IS WE DIDN'T STAIN IT AND WE LET IT AGE NATURALLY.

IT HAS HAD A LITTLE BIT OF MAINTENANCE ISSUES, BUT WE'RE HOPING THAT THE WIRE THROUGH EACH OF THE SECTIONS WILL LOOK GREAT.

WE'RE ALSO WANTING TO STOP IT WITH SOME NICE LITTLE STONE WALLS.

WE'RE NOT THINKING ANYTHING MORE THAN A FEW FEET.

THE IDEA HERE IS TO CAPTURE WHAT WOULD HAPPEN IF SOMEONE WALKED UP ON A FARM AND THEY SAW WOW, LOOK AT THAT OLD FENCE, THAT OLD HEDGEROW.

THIS IS THE ENTRY ON THE OTHER END.

YOU CAN SEE NESTLED IN THE BACKGROUND CIRCLE A RANCH.

THERE'S SOME EXISTING TREES THAT WE'LL HAVE TO GET SOME SURVEY WORK DONE.

THERE'S ALSO SOME DRAINAGE THAT COMES DOWN THROUGH HERE.

BUT AS YOU COME IN, YOU CAN SEE THE ROAD BIFURCATE.

AGAIN, TRYING TO KEEP THE SIGNAGE AT A MINIMUM, KEEP IT TUCKED BACK INTO THE COMMUNITY.

THE NAME OF THIS TURKEY IS TOM MURRAY.

HE WAS OUR FORMER REGIONAL PRESIDENT AND THERE WAS A TURKEY THAT RAN AROUND OUR OFFICE AND EVERYBODY CALLS ANY TURKEY THAT WE SEE TOM MURRAY.

YOU CAN'T MAKE THE STUFF UP.

THIS IS A VIEW FROM THE SOUTHWEST CORNER WHERE THE TRAILHEAD WOULD BE FOR THE EQUESTRIAN AREA.

OFF IN THE DISTANCE, YOU CAN SEE THE CHURCH JUST TO GET SOME IDEA OF SCALE AND SIZE.

THEN THIS IS THE IDEA OR CONCEPT DRAWING THAT WE HAVE FOR THE TRAIL HEAD AT THE NORTHEAST CORNER.

I COULDN'T ALMOST CONTAIN MYSELF ON THE EARLIER ITEM, EVERYBODY WAS WORRIED ABOUT WARM COLORS.

CHILDREN DO NOT CARE ABOUT WARM COLORS.

YOU STAY WITH PRIMARY COLORS.

CHILDREN ARE DRAWN TO PRIMARY COLORS.

KIDS THAT ARE HANDICAPPED, PRIMARY COLORS.

IF YOU ARE DEALING WITH KIDS THAT HAVE DIFFERENT PROBLEMS, DISABILITIES AND LEARNING DISABILITIES, YOU WANT TO STAY WITH THE PRIMARY COLOR.

IF THERE'S A THEME THAT YOU CAPTURE FROM EVERYTHING THAT I JUST SAID IN THE LAST STORY, IT'S PRIMARY COLORS.

KIDS LOVE PRIMARY COLORS.

JUST TALKING THROUGH SOME OF THE OTHER STUFF THAT'S COME UP OVER THE TIME.

I WAS TALKING WITH ROB PAUL, AND WE WERE THINKING BACK TO SOMETHING THAT DOUG SAID TO US AND IT REALLY GETS TO WHO WE ARE.

WHY ARE WE IN FLOWER MOUND? IT'S A PRESTIGIOUS LOCATION.

WHY DO WE BUILD THE HOMES THAT WE BUILD? BECAUSE WE BUILD DISTINCTIVE ARCHITECTURE.

WHY DO PEOPLE KEEP COMING TO US? WHY ARE WE STILL CLOSING HOMES WITH INTEREST RATES? BECAUSE WE'RE UNRIVALED IN WHAT WE DO.

THEN ALSO, I'VE TALKED ABOUT THIS BEFORE WITH THIS COUNCIL AND PREVIOUS COUNCILS, WE TALK A LOT ABOUT THE CUSTOMER EXPERIENCE FOR THAT'S NOT JUST BUILDING THE HOUSE.

THAT'S FROM THE FIRST MINUTE THAT YOU MEET WITH US ON A JOB, IT'S THE FIRST TIME YOU GET ON OUR WEBSITE TO PICK YOUR FOREVER HOME, IT'S THE FIRST TIME THAT YOU DRIVE INTO THE COMMUNITY.

IT'S EVERYTHING THAT TAKES YOU THROUGH I'M GOING TO BUY THIS HOME AND CLOSE IT.

EVEN IT EVEN GOES BEYOND THAT.

IT GOES THROUGH OUR WARRANTY AND EVERYTHING THAT WE OFFER AFTER ONE CLOSES.

WE WANT OUR CUSTOMERS TO COME BACK, AND I THINK I'VE TOLD SOME OF Y'ALL BEFORE, THE RECORD HOMES SOLD TO ONE COUPLE THAT BOUGHT OUR HOMES IS SIX.

WE LIKE TO KEEP OUR CUSTOMERS HAPPY.

GOING THROUGH ALL THE MILESTONES THAT WE'VE DONE, AGAIN, LEXIN OVER THIS DESIGN REVIEW COMMITTEE BACK IN MARCH OF 2023.

THIS WAS AFTER A PREVIOUS DRC WHERE WE CALLED OUR PAUSE AND LET THE COUNCIL DO ITS WORK.

WE HAD OUR FIRST INFORMATIVE MEETING.

CONSERVATION APPLICATION WAS SUBMITTED, THEN WE HAD OUR SECOND POST APPLICATION MEETING.

WE ALSO WENT THROUGH THE PLANNING AND ZONING WORKSHOP, THE PARKS BOARD MEETING, ECC, AND PLANNING AND ZONING REACHING APPROVALS ON ALL OF THOSE.

WITH THAT SAID, WE'RE HERE TONIGHT, AND IF YOU HAVE ANY QUESTIONS, FEEL FREE.

I HOPE I'VE COVERED EVERYTHING.

>> DOES ANYBODY HAVE ANY QUESTIONS AT THIS POINT BEFORE WE OPEN IT?

>> YES, I DO.

I'M JUST TRYING TO PULL UP AN EMAIL THAT WAS SUBMITTED JUST RECENTLY.

MIKE, THANKS FOR COMING IN AND I JUST DO ALSO WANT TO MENTION HOW MUCH I APPRECIATE YOU GOING INTO SUCH GREAT DEPTH ON THE TREES BECAUSE YOU KNOW IT PAINS ME GREATLY TO SEE SO MANY TREES LOST.

BUT I DO APPRECIATE THAT YOU HAVE A PLAN FOR THEM AND THEY WON'T JUST BE GROUND OR SHREDDED INTO MULCH.

I THINK ALSO IT'S GOOD IF WE REMIND PEOPLE THAT THE STATE OF TEXAS DOES GIVE US

[02:50:05]

VERY STRICT PARAMETERS ON OUR ABILITY TO DENY A TREE REMOVAL REQUEST IF IT IS IN THE BUILDABLE AREA OF A LOT.

SO THERE ARE SOME PROBABLY MANY OF THESE TREES WHERE WE REALLY DON'T HAVE A CHOICE, BUT I APPRECIATE THAT YOU DO HAVE A CHOICE, AND IT SEEMS TO ME THAT YOU'VE BEEN RESPONSIBLE IN SELECTING WHERE YOU CAN BUILD, WHAT TREES YOU HOPE TO PRESERVE.

YOU'VE JUST GONE INTO GREAT DEPTH ABOUT THAT AND I REALLY APPRECIATE IT.

ESPECIALLY THE INDIAN MARKER TREES BECAUSE THAT WAS SOMETHING THAT WAS JUST RECENTLY BROUGHT UP, IT WAS DISCUSSED BY OUR HISTORICAL COMMISSION AND THEN IN THIS EMAIL.

ONE OF THE THINGS THAT WE HAVEN'T REALLY TALKED ABOUT MUCH WAS THE STORMWATER RUNOFF AND THE DRAINAGE.

THAT'S ON MY LIST TO GET A LITTLE MORE DETAILED ABOUT THAT.

ALSO, WE HAVE HAD SOME ABOUT CONSTRUCTION TRAFFIC BEING PROHIBITED FROM USING SOUTH SHILOH, THE MAIN NEIGHBORHOOD ROAD.

I DON'T KNOW IF THAT'S SOMETHING YOU CAN DISCUSS AT THIS POINT.

ALSO, I GUESS THAT'S PARTLY IT.

I THINK IT'S JUST REALLY THE WATER RUNOFF AND THE DRAINAGE.

I KNOW LEXIN MENTIONED YOU CAN'T REALLY DO THE FLOOD STUDY UNTIL AFTER FLATTING, I THINK SHE MENTIONED, BUT I WASN'T SURE HOW MUCH WORK YOU COULD DO ON THE DRAINAGE BEFORE THAT POINT.

>> THOMAS MOSS IS HERE IN THE OFFICE, SO HE'S HERE WITH US TONIGHT.

HE'S HEARING ME SAY THIS FOR ABOUT THE THIRD TIME.

WE'VE ALREADY TURNED HIM LOOSE TO DO THAT STUDY.

WHAT MY VIEW IS IS THAT MIRACLE LANE HAS HOMES THAT ARE ALREADY IMPACTED AND SO WE WANT TO UNDERSTAND THAT.

AS YOU START AT LAKE GRAPEVINE, WE KNOW WHAT THAT NORMAL POOL IS, AND THEN WE HAVE TO LOOK AT WHAT HAPPENS WITHIN THEIR AREA BECAUSE THEY DO OWN PROPERTY NORTH OF SCENIC.

WE WANT TO UNDERSTAND, MAKE SURE WE KNOW THAT BOUNDARY.

WE'RE FAIRLY CERTAIN WE DO BECAUSE WE HAVE AN ALTA SURVEY.

FROM THERE, WE'LL START DOING CROSS SECTIONS WHERE THAT PEAK GOES OVER SCENIC AND DOWNSTREAM A LITTLE BIT.

WE'LL DO CROSS SECTIONS AT THE ROAD SURFACE AND WHERE THE DECK IS.THEN WE'LL KEEP RUNNING CROSS SECTIONS ALL THE WAY THROUGH THERE ALL THE WAY UP TO CIRCLE OUR RANCH.

THERE'S A PRETTY SIZABLE DRAINAGE AREA HERE IN QUESTION, AND I THINK THE SOONER WE UNDERSTAND ALL OF IT, THE BETTER WE'RE ALL GOING TO BE AT PREDICTING, AT THE END OF THE DAY WATER FLOWS DOWNHILL, WE ALL KNOW THAT.

BUT THEN THE QUESTION IS WHAT DETENTION WOULD BE REQUIRED.

WE DO PLAN TO TOUCH SEVERAL OF THESE PONDS.

THERE'S GOING TO HAVE TO BE SOME DAM BREACH ANALYSIS AS TO HOW STABLE IS THAT DAM.

HOW DOES IT NEED TO BE IMPROVED.

I THINK THE TOWN CODE SPEAKS TO THAT PRETTY SPECIFICALLY ALSO IN TERMS OF HOW TO MITIZE THOSE.

THE POND THAT'S IN THE MIDDLE PART OF THAT PAUL WAS OUT LOOKING AT A COUPLE OF THE TREES TODAY.

I THINK HE NEARLY PASSED OUT BECAUSE IT WAS HOT.

BUT HE SENT ME A PICTURE 1 AND I SAID, I KNOW EXACTLY WHERE YOU'RE AT.

THERE'S A BOAT 400 FEET SOUTH OF THERE.

WE WANT TO MAKE SURE THAT THOSE STRUCTURES THAT WE LEAVE IN THERE ARE SOUND, AND THAT WILL ALSO HAVE TO BE INCLUDED INTO THOSE CROSS SECTIONS.

AS YOU COME UP A CREEK, IT'S EASY TO CUT THE CROSS SECTION, BUT THEN YOU HAVE TO MODEL WHAT THE SHAPE OF THE DAM IS.

YOU HAVE TO LOOK AT WHAT THE OUTFLOW STRUCTURE IS GOING TO DO, HOW MUCH WATER IS COMING INTO THAT POND, HOW THAT WATER IS RELIEVED OVER TIME AND THEN ALSO, HOW DOES THAT POND FUNCTION AS A DETENTION AND RETENTION FACILITY SO THE TOWN HAS A NEW ORDINANCE CONCERNING THAT.

YOU'LL HAVE TO PLANT A CERTAIN NUMBER OF TREES THERE, YOU'LL ALSO HAVE TO FIGURE OUT A WAY TO KEEP IT FULL.

OUR PLAN RIGHT NOW IS TO INSTALL, WHAT I WOULD CALL SHALLOW.

IT WOULD BE WOODBINE DEPTH WELLS TO KEEP THOSE PONDS FULL.

THAT'S WHAT WE DID AT TOWN LAKE.

KNOWING WHAT THE EVAPORATION RATE IS IN THAT BASIN, WE HAVE TO BE ABLE TO SHOW EVAPORATE LOSSES.

POND MAKE UP WATER, AND THEN WE HAVE TO PUT FLOATS IN THERE TO MANAGE THAT.

I DON'T HAVE A INTENTION TO USE THOSE PONDS FOR IRRIGATION, THOUGH.

I THINK THAT WE WOULD STILL USE CITY WATER FOR THAT TO KEEP THE TREES LIVE. DOES THAT HELP YOU?

>> IT DOES INDEFINITELY.

BUT ABOUT THE CONSTRUCTION ENTRANCE AND LIMITING THE EXPOSURE TO EXISTING HOMES TO CONSTRUCTION TRAFFIC BECAUSE IT'LL BE A TEN YEAR PROJECT YOU MENTIONED.

THAT'S A LONG TIME FOR A NEIGHBOR TO HAVE TO ENDURE CONSTRUCTION TRAFFIC.

>> THERE'S BEEN A LOT OF DISCUSSION ABOUT RIVER HILL ESTATES BECAUSE THERE'S SOME CONCERN ABOUT TRAFFIC CUTTING THROUGH THERE.

THERE'S ALSO CONCERN ABOUT HOW NARROW SCENIC IS.

I THINK OF THE ROADS THAT ARE GOING TO BE IMPACTED, I DO BELIEVE THAT SHILOH WILL BE THE MOST AFFECTED SIMPLY BECAUSE IT'S CURRENTLY THE WIDEST, IT'S ALSO CURRENTLY THE ONE THAT HAS A SIGNALIZED INTERSECTION.

[02:55:06]

>> MR. BOSWELL, DO YOU ANTICIPATE THAT YOU WILL HAVE A CONSTRUCTION ENTRANCE ON 1171?

>> OUR INITIAL PHASES, I THINK THAT'S A POSSIBILITY.

I THINK AT SOME POINT IT BECOMES IMPRACTICAL.

TRAFFIC MODELS ARE HEURISTIC.

IN OTHER WORDS, IT'S LIKE AI, IT LEARNS AND SO PEOPLE PLUG SOMETHING INTO WAYS AND THEY'RE GOING TO FIND THE QUICKEST WAY THROUGH THE SUBDIVISION.

I DO THINK THAT THE INITIAL PHASES WILL PROBABLY BE OFF OF 1171, THERE'S AN EXISTING TURN IN THERE NOW.

BUT AT SOME POINT, WE'RE GOING TO WANT TO CLOSE THAT OFF AND JUST FINISH THE LANDSCAPING SO THAT YOU DON'T HAVE EROSION GOING ONE WAY OR THE OTHER.

IN OTHER WORDS, YOU'LL HAVE PEOPLE LIVING THERE, CITIZENS LIVING THERE THAT WILL ALSO NEED THE ABILITY TO ACCESS THEIR OWN HOMES AND THEY'LL BE A LITTLE PUT OFF BY IT JUST LIKE EVERYONE ELSE IS.

>> I THINK ONCE WALHINGHAM, I THINK THAT'S THE MAIN ROAD.

ONCE THAT'S IN PLACE AND THE CONSTRUCTION TRAFFIC CAN USE THAT AND THEY'LL BE NEIGHBORS THERE TOO, I PRESUME.

UP UNTIL THAT POINT, HAVING THE 1171 ENTRANCE MIGHT BE A GOOD WAY TO KEEP.

I GET THEY'RE LOOKING FOR THE MOST EXPEDIENT WAY IN AND OUT OF THE NEIGHBORHOOD.

IF THEY HAVE AN ENTRANCE RIGHT ON 1171, I'M ALSO A LITTLE WORRIED ABOUT TRAFFIC COMING OFF SHILOH BECAUSE IT'S ONLY I THINK TWO LANES AT THE INTERSECTION.

>> THEN THE TRAFFIC STUDY, I THINK INDICATES THAT THERE NEEDS TO BE A THROUGH, A LEFT AND A RIGHT.

>> THAT WOULD MAKE A BIG DIFFERENCE.

>> I BELIEVE THAT WOULD BE IN THE FIRST PHASE.

>> ANNE ARE YOU FINISHED? THANK YOU, ANNE.

I DO HAVE A BUNCH OF QUESTIONS. WE HAVE A LENGTHY DISCUSSION ABOUT TREES THAT WE'RE GOING TO GET TO.

I THINK I'LL WAIT TILL AFTER THE PUBLIC COMMENT IF THAT'S ALL RIGHT WITH YOU.

I JUST WANTED TO GO OVER A FEW POINTS.

LET'S TALK ABOUT SLOPES FIRST.

I THINK FOR THE MOST PART, YOU'VE DESIGNED THE NEIGHBORHOOD AROUND THE SLOPES.

BUT THE AMENITY CENTER SEEMS TO BE BOTH ON A SLOPE AT MORE THAN 12% AND IS REQUIRING A TREE REMOVAL.

IT SEEMS LIKE YOU'D WANT TO PICK ONE OR THE OTHER.

CAN YOU EXPLAIN THE AMENITY CENTER AND HOW YOU'RE GOING TO MITIGATE THAT SLOPE IMPACT?

>> THE AMENITY CENTER IS EXTENSIVELY BEING BUILT WHERE MR. SMITH OR DR. SMITH BUILT HIS FAMILY COMPOUND.

A LOT OF THOSE TREES IN THAT AREA, THEY BUILT THAT HOME AROUND THAT.

THE OTHER IDEA IS THAT YOU WANT TO HAVE SOMETHING UP ON A HIGHER POINT WHERE PEOPLE CAN WALK THROUGH THE TRAIL SYSTEM AND FIND THEIR WAY TO A HIGH POINT WHERE THEY CAN LOOK OUT AND SEE THE VIEWS.

NOW, THE ACTUAL AMENITY CENTER ITSELF WOULD PROBABLY BE CLOSED OFF WHERE THE AVERAGE [INAUDIBLE] COULDN'T WALK IN.

IT WOULD BE RESERVED FOR HOA PEOPLE ONLY.

THE IDEA THERE IS IT'S NOT GOING TO HAVE A POOL.

THE IDEA THERE IS THAT IT'S NOT GOING TO HAVE LOUD PARTY EVENTS.

IT WOULD BE MORE OF AN AREA GATHERING POINT FOR MEETINGS, FOR WORKSPACE, MORE GROWN UP ACTIVITIES.

ALTHOUGH SOME OF THE ADULTS I KNOW TODAY, I WONDER SOMETIMES.

BUT THE IDEA THERE IS THAT YOU USE RETAINING WALLS TO DO A LOT OF THIS TALKING.

THEN AT THE SAME TIME, YOU WOULD CERTAINLY WANT TO PRESERVE TREES THAT ARE IMPACTFUL TO THAT EXPERIENCE.

THAT'S WHAT WE'VE DONE IN THE PAST, THAT'S WHAT WE WOULD DO HERE.

I DON'T KNOW IF THAT ANSWERS YOUR QUESTION.

>> SINCE IT IMPACTS THE SLOPE, IS YOUR PLAN TO PUT A LARGE RETAINING WALL THERE IN ORDER TO ELEVATE IT AND HAVE A VIEW, IS THAT THE ROLE THERE?.

>> I UNDERSTAND THAT AND I KNOW WE HAVE SOME RULES AROUND RETAINING WALLS.

I THINK WITH THE CROSS TIMBERS WHEN THEY CAME IN, THE IDEA WAS TO STEP THOSE OUT UNLESS IT WAS TO PRESERVE A SPECIFIC ENVIRONMENTAL FEATURE IF YOU NEED A TALL RETAINING WALL TO SAVE A SPECIMEN TREE, WELL, THEN LET'S DO IT.

OTHERWISE, WE'D WANT TO SEE THEM STAGGERED OUT.

I WOULD HOPE THAT WE'D HAVE THE SAME PLAN FOR THIS AS WELL.

I KNOW YOU'RE NOT HAVING NEARLY THE SLOPE CONCERNS OR IMPACTS THAT THEY'RE DEALING WITH, BUT I THINK THAT'S WHAT WE'RE LOOKING FOR.

>> I THINK WHAT WE'VE DECIDED IN THE PAST, BECAUSE THESE ARE LOTS THAT HAVE SEPTIC ON THEM.

WHAT WE HAVE FOUND IS YOU DON'T WANT TO GO OVER EIGHT FOOT BECAUSE THAT WALL STARTS GETTING REALLY THICK.

YOU'RE SPRAYING THAT WATER, THAT WATER IS LEACHING INTO THE GROUND AND IT IS CREATING HYDROSTATIC PRESSURE BEHIND THAT WALL.

WE WANT TO UNDERSTAND THAT.

IN THE SIDE YARDS, WE TYPICALLY LIMIT IT TO FOUR FOOT BETWEEN HOMES.

WE WILL ALSO LOOK AT THE SAME THING AT THE REAR OF THE HOMES, ONLY WE'LL GO, WE'LL TRY TO PUT THE BIGGER WALLS THERE WHERE WE HAVE EIGHT FOOT BUT WE DON'T NORMALLY WANT TO GO HIGHER THAN THAT.

>> WE WANT TO SEE A FORWARD FEET, IDEALLY, NOT MORE THAN THAT, EXCEPT WHEN IT'S NECESSARY TO PRESERVE SOME ENVIRONMENTAL FEATURE?

>> I APOLOGIZE. I SHOULD HAVE MENTIONED THIS WHEN I WAS DOING MY PRESENTATION, BUT THAT IS ONE OF THE CONDITIONS WITHIN THE PD IS THAT THEY WON'T DO A RETAINING WALL OVER EIGHT FEET, OR THEY WOULD HAVE TO COME FORWARD TO COUNSEL TO GET APPROVAL FOR AN EXCEPTION, JUST I WANT TO MENTION THAT.

>> I WOULD FURTHER POINT OUT THAT YOU HAVE TO BE REALLY CAREFUL WITH RETAINING WALLS AND CREATING WHAT I CALL BIRTHDAY CAKE WALLS, WHERE YOU BUILD THIS WALL AROUND THE TREE.

WE'VE LEARNED THAT LESSON A COUPLE OF TIMES.

YOU HAVE TO GET THOSE WALLS OUTSIDE OF THE TRIP LINE.

YOU HAVE TO GET THOSE WALLS IN AS QUICKLY AS POSSIBLE,

[03:00:02]

AND YOU'VE GOT TO MAKE SURE THAT YOU DON'T WANT TO CREATE A WELL, WHICH AGAIN, WE KNOW THAT POST OAK DO NOT LIKE WET FEET, BUT AT THE SAME TIME, WE WANT TO MAKE SURE THAT WE'RE NOT DOING SOMETHING THAT SO RADICALLY ALTERS ITS ENVIRONMENT THAT IT JUST DOESN'T DO ANYTHING.

ANOTHER EXAMPLE IS TOWNE LAKE.

TOWNE LAKE, WE ARE IN THE WOOD MINE.

IT'S A SANDY SOIL.

WHY WOULDN'T A PECAN TREE WANT TO LIVE THERE? WELL, WE'VE PLANTED THEM THERE.

THE TREES CAME FROM LANDAGRAF OVER OFF THE RED RIVER, SANDY SOIL THERE, BUT THE PROBLEM IS THAT THE SIMPLE FACT OF THE MATTER IS IS THAT PECAN TREES LOVE WET FEET.

THAT'S WHY THEY GROW IN LOW AREAS SO WELL.

WE'VE HAD TO REPLACE THOSE OVER TIME WITH DIFFERENT VARIETIES.

YOU WANT TO BE CAREFUL ABOUT THAT.

AT THE SAME TIME, YOU CAN PUT A TEXAS RED OAK FROM GEORGIA IN TEXAS AND IT WILL DIE. OVER TIME.

IT'S THE SAME RED OAK FROM A GENETIC STANDPOINT, BUT THERE IS SOMETHING UNIQUE ABOUT HOW THEY'VE DEVELOPED OVER TIME, THE EPIGENETIC OR WHATEVER YOU WANT TO CALL IT IN GEORGIA, THAT THEY JUST CAN'T SURVIVE IN TEXAS. LESSON LEARNED.

>>YOU MENTIONED MERKLE LANE AND SOME OF THE NEIGHBORS THAT ARE INUNDATED WHEN THERE'S RAIN.

CAN YOU GIVE THEM ASSURANCE THAT ONCE AS A DEVELOPMENT MOVES FORWARD AND YOU DO YOUR GRADING AND DRAINAGE MITIGATION THAT THEY'RE GOING TO BE BETTER OFF OR WILL IT BE THE SAME OR WORSE?

>> WE WANT TO BE SURE NEVER TO MAKE IT WORSE.

BUT BETTER OFF, WE DO IN MANY CASES, DIXON IS AN EXAMPLE WHERE WE OVER DETAINED AND GET THINGS ROUTED A DIFFERENT WAY OR GET ROUTED THE WAY IN WHICH IT SHOULD HAVE BEEN ROUTED SO THAT IT DOES MAKE THE SITUATION BETTER.

>> SOME OF THE FEEDBACK WE RECEIVED HAS BEEN OBVIOUSLY, YOU'VE BEEN VERY SUCCESSFUL IN FLOWER MOUND, THAT MEANS YOU HAVE A LOT OF NEIGHBORHOODS.

THERE'S SOME CONCERN ABOUT MONOTONY.

I KNOW YOU TALKED ABOUT HOW YOUR PRODUCT HAS EVOLVED OVER TIME, BUT WITHIN THE NEIGHBORHOOD ITSELF, HOW WILL YOU ENSURE THAT IT'S NOT A REPEATING SERIES OF THREE OR FOUR MODELS?

>> THE NUMBER 1 HOME THAT WE SELL IN ANY COMMUNITY IS THE MODEL. THAT'S OUR FLAGSHIP.

THE SLIDE RIGHT THERE IS AN EXAMPLE OF ONE OF OUR MONOTONY RULES.

THAT ONE AND IN THAT INSTANCE THERE ON THAT SLIDE THERE IS WHAT WE DO INTERNALLY.

WE'VE DONE DIFFERENT. IT GETS VERY INTERESTING IN SOME JURISDICTIONS.

BUT THAT'S THE ONE THAT WE DO AS A MATTER OF HAT THERE WHERE IF YOU'RE SITTING IN A HOME, YOU CAN'T HAVE THE HOME NEXT TO YOU OR TO YOUR LEFT OR RIGHT OR ACROSS THE STREET, BE OF THE SAME PLAN OR ELEVATION.

THAT'S HOW WE HANDLE THAT INTERNALLY.

>> THANK YOU. FINALLY, CAN YOU JUST TALK ABOUT THE ENVIRONMENTAL PROTECTION PLAN? YOU MENTIONED THE MARKER TREES.

HOW WAS THAT INVESTIGATION DONE? I KNOW THERE WAS A REQUEST TO WALK THE PROPERTY THAT WAS NOT FULFILLED FOR ONE OF OUR RESIDENTS.

CAN YOU TALK ABOUT HOW THE STUDY WAS DONE TO ENSURE THAT THE WILDLIFE PRESENCE OF THE WILDLIFE WAS ACCOUNTED FOR? ONE OF THE EMAILERS TODAY SAID THAT, THE ENVIRONMENTAL PROTECTION PLAN DID NOT IDENTIFY ANY BIRDS, RAPTORS, OWLS, BUT HE SAYS THAT THEY'RE ALL OVER THE PLACE.

HE SEES THEM ALL THE TIME. CAN YOU JUST TALK ABOUT THE PROCESS THAT WAS DONE?

>> THE BIOLOGIST GOES OUT TO THE SITE.

THEY DO A SURVEY, THEY WALK IT WITH RESPECT TO CERTAIN BIRDS, THEY DO CALL THEM.

YOU SEE A GRID LAID OUT OF WHERE THEY STOOD ON THE PROPERTY.

THEY DO A GPS SHOT AND THEY CALL AND INVESTIGATE.

THEY DID NOT FIND EAGLE NEST.

WITH RESPECT TO CERTAIN MIGRATORY BIRDS, WE DO KNOW AND HAVE SEEN THOSE IN FLOWER MOUND.

FOR INSTANCE, IF YOU'RE IN CENTRAL TEXAS, YOU'VE GOT THE YELLOW CHEEK WARBLER.

YOU HAVE TO EITHER ONE, GRADE DURING A TIME OF YEAR WHERE THEY'RE NOT IN NESTING SEASON.

IT'S VERY MUCH THE SAME THING HERE WITH MANY OF THE MIGRATORY.

FOR INSTANCE, IN TOWN FIVE AND SIX, WE HAVE TO GO OUT.

IT IS PART OF THEIR NESTING SEASON NOW AND WE KNOW THAT THERE ARE TWO NESTS ON SITE.

BEFORE WE GO GRADE THERE, WE'LL HAVE TO CHECK THOSE BIRDS AND PROTECT THOSE TREES UNTIL SUCH TIME AS THOSE BIRDS HAVE MOVED ON.

THERE'S CERTAIN TIMES OF THE YEAR THAT WE WILL HAVE TO MANAGE THROUGH THAT.

AS FAR AS A LOT OF THE OTHER THINGS, WHAT WE FOUND WITH OUR BIOLOGICAL ASSESSMENT VERY MUCH MARRIED UP WITH WHAT WE FOUND ON NATURAL.

I DON'T KNOW HOW ELSE TO SAY IT THAN THAT.

WE'RE VERY CAUTIOUS ABOUT GIVING PEOPLE THE RIGHT TO JUST GO WALK AROUND.

AGAIN, WE HAD A GUY ON SITE TODAY AND HE LOOKED AT A LIST OF, I THINK,3, 4, 5, 6 TREES THAT WERE IN QUESTION.

IT TOOK HIM ALL DAY TO DO THAT.

I THINK HE NEARLY PASSED OUT BECAUSE IT'S HOT OUT THERE.

BUT WE DID THIS PARTICULAR STUDY 18 MONTHS AGO.

ACTUALLY, TWO OF THE TREES THAT ARE ON A LIST THAT HE WAS LOOKING AT ARE ACTUALLY IN DEAD OR DECLINING STATE.

IS THAT BECAUSE OF URI?

[03:05:02]

IS THAT BECAUSE OF THE EXTRAORDINARILY DRY SUMMER THAT WE HAD LAST YEAR? PROBABLY A LITTLE BIT OF BOTH.

BUT WE WANT TO BE CAREFUL NOT TO KILL THE KIDS AND GRANDKIDS TO SAVE GRANDPA WHO'S ALREADY GOT IN SERIOUS DECLINE.

>> INTERESTING.

>> ALONG THOSE LINES AND SPEAKING OF THE TREES, I KNOW WE'LL GET INTO MORE ROBUST DISCUSSION HERE LATER AS THAT I MENTIONED.

BUT THE INDIAN MARKET TREES.

A ACKNOWLEDGED THAT'S A NEW CONCERN WITHIN THE TOWN.

YOU MENTIONED THAT YOU HAD A STUDY TO LOOK AT POTENTIAL INDIAN MARKET TREES AND THEY DIDN'T FIND ANY.

DO YOU MIND GOING THROUGH WHO THIS GROUP WAS, WHAT THEIR QUALIFICATIONS ARE? I THINK YOU SAID THE GUY WAS FROM FLORIDA.

I KNOW THERE'S A LOT OF COMMONALITY ACROSS THE US, BUT ARE WE MISSING ANYTHING SPECIFIC TO NORTH TEXAS?

>> THIS IS THE TWO GUYS.

GREG MASSENGILL IS LOCAL.

HE BOTH THESE GENTLEMEN ARE LICENSED OR CERTIFIED ARBORIST.

AT THE END OF THE DAY, JUSTIN IS LARGELY THE ONE THAT DOES INVENTORY WORK.

AND HE WAS ON THE JOB SITE, AS I UNDERSTAND IT FOR SIX WEEKS AND HAS DETAILED FIELD NOTES.

EVERY TIME HE'S TO A POINT WHERE PEOPLE SAYING THERE'S INDIAN MARKING TREES ON THE SITE HE ROLLS HIS EYES AT THIS POINT.

WE'VE ALSO HAD COMMUNICATIONS WITH THE TEXAS HISTORIC TREE COALITION, THEY'RE THE ARBITORS OR THE GATEKEEPERS OF THAT, THEY SAID THAT THEY'VE HAD TWO TREES RECOMMENDED IN THE CHIN CHAPEL SURVEY BEFORE, THEY WERE FOUND LACKING.

THEY ARE LOOKING FOR VERY SPECIFIC THINGS.

THEY DON'T WANT IT TO BE A FREE FOR ALL.

THEY WANT THESE TO BE A LEGITIMATE TREE IF THAT DESIGNATION IS MADE.

AGAIN, THERE'S 14 IN THE STATE, SIX IN CENTRAL NORTH TEXAS.

IF IF I SAID IN SOME OF THE MEETINGS WITH STAFF AND OTHERS, I THINK I KNOW WHERE I COULD DRIVE TO TWO INDIAN MARKING TREES TODAY THAT ARE IN FLOWER MOUND.

I MEAN, IF I TOOK A PERSON TO THOSE PARTICULAR TREES, I THINK THEY WOULD SAY, WOW, THAT IS A LIKELY CANDIDATE.

ONE IS SITTING IN A BACKYARD OF A HOME OFF OF ABERDEEN.

IT BEARS THE CORRECT SIZE, THE CORRECT MAKE, THE CORRECT SHAPE THAT I WOULD EXPECT TO SEE AN INDIAN MARKING TREE HAVE.

MOST OF THIS FOR THESE GUYS, IT'S A VISUAL INSPECTION.

THEY WERE OUT AT TOWN LAKE SIX, LOOKING AT THE TREES, FLAGGING THOSE, GETTING READY FOR EARTHWORK, MAKING SURE THAT WE KNOW WHICH ONES GET THE CYCLONE FENCE VERSUS THE SNOW FENCE.

HE SAW ONE AND HE SAID THIS ONE TO AN UNTRAINED EYE MIGHT LOOK LIKE IN ANY MARKER TREE.

IT IS NOT. THESE GUYS ARE TRAINED.

THEY'RE CLINICIANS AT THIS.

THEY'VE BEEN TESTED TO RECEIVE THESE ACCREDITATIONS.

>> JUSTIN DOES HIS LICENSE OUT OF FLORIDA, SO THE SEMINOLE PEOPLE.

THEY ALSO HAVE THESE TREES AROUND THEIR SWAMP AREAS.

IT'S PART OF HOW THEY NAVIGATED AND KNEW WHERE THEY WERE.

IT'S NOT AN UNKNOWN PHENOMENON.

IT'S NOT UNDOCUMENTED, BUT STEVE HOUSERS GROUP PRETTY QUICKLY PUSHED US OVER TO THE TEXAS HISTORIC TREE GROUP, AND THEY WERE VERY FAMILIAR WITH THE CHIN CHAPEL SURVEY AND WHAT ITS EXTENTS WERE.

THEY SAID, LOOK, IF YOU'VE SIGNED SOMETHING, SEND IT TO US, WE'LL INVESTIGATE, BUT UNDERSTAND THE TWO PREVIOUS CLAIMS, WE DIDN'T FIND THEM AND WE DIDN'T MAKE THE DECISION THAT THEY SHOULD BE.

I DON'T KNOW IF THAT ANSWERS YOUR QUESTION.

>> IT DOES. JUST AS A QUICK FOLLOW UP, YOU SAID YOU'D CELEBRATE IT IF YOU DID FIND ONE AND FIND A WAY TO WORK WITH IT.

DO I UNDERSTAND CORRECTLY THAT IF YOU'RE GOING THROUGH THE PROCESS, DOING THE DETAILED SURVEY BEFORE YOU CUT ANYTHING DOWN AND YOU IDENTIFY ONE THAT MIGHT BE AN INDIAN MARKET TREE, YOU'LL HAVE THAT RE-EVALUATED.

IF IT IS IN INDIAN MARKET TREE, YOU'LL PRESERVE THAT AND KEEP THAT?

>> ABSOLUTELY. I THINK IT'S THE RIGHT THING TO DO.

WE'VE SEEN THIS IN FLORIDA BEFORE.

WE'VE WORKED AROUND IT. WE AVOID THEM THERE.

I THINK HERE, BECAUSE THEY ARE SO RARE HERE, WOULD BE A VERY DIFFERENT SITUATION WHERE YOU WOULD ACTUALLY WANT TO TRY TO GET THINGS AWAY FROM IT AND GET PEOPLE ACCESS SO THAT THEY COULD SEE IT.

BECAUSE THEY ARE REMARKABLE.

JUST LOOK AT SOME OF THE PICTURES ON THE WEBSITE THAT THIS GROUP PUTS UP THERE.

WHEN YOU LOOK AT THEM, IT'S LIKE, WOW, THAT'S DIFFERENT, THAT'S NEAT.

YOU ALSO WANT TO BE VERY CAREFUL NOT TO ENCROACH ON THEM TOO MUCH BECAUSE AGAIN, THESE THINGS GET DAMAGED WITH WIND OVER TIME.

YOU'VE GOT TO BE CAREFUL WHAT YOU DO AROUND THEM AS WELL.

>> IMPRESSIVE PRESENTATION. I LIKE IT.

ANY OTHER COMMENTS? CHRIS.

>> YES. JUST TO TIE OFF THE NEW MARKER,

[03:10:03]

WOULD YOU AGREE TO ADD THAT AS A STIPULATION IF INDIAN MARKER TREE IS IDENTIFIED THAT WE'D RE EVALUATE IT?

>> AS LONG AS THIS GOES THROUGH THE PROCESS WHERE OUR ARBORIST WHO HAS ALREADY BEEN ON THE SITE, IF WE'VE COME ACROSS SOMETHING THAT HE HASN'T SEEN AND IT'S LIKE, WAIT A MINUTE, TIME OUT, ABSOLUTELY.

MATTER OF FACT, WE KNOW WHERE THE FORM IS TO DO IT..

IT'S A FORM YOU CAN DOWNLOAD.

I THINK MY CONCERN IS ONE HAS TO BE CAREFUL IN TODAY'S SOCIETY NOT TO ENGAGE IN CULTURAL APPROPRIATION.

IT'S VERY DANGEROUS.

I'M THE GREAT GRANDSON OF A WOMAN THAT NEVER LEFT THE INDIAN THICKET RESERVATION UNTIL SHE WENT TO HOSPICE.

FOR PEOPLE TO SIT HERE AND START THROWING THIS AROUND TO KILL A ZONING APPLICATION IS LUDICROUS, AND IT'S VERY IMMORAL, AND I'M GOING TO BE VERY BLUNT ABOUT THAT, AND IT'S WRONG.

WE WANT TO BE CAREFUL ABOUT WHAT WE DO IN THESE APPLICATIONS.

WE WANT TO BE CAREFUL ABOUT WE SAY ABOUT APPLICATIONS.

WE WANT TO BE CAREFUL ABOUT HOW WE, IF WE DO FIND ONE, PROTECT IT.

WE DON'T WANT TO MAKE IT GAUDY EITHER.

IT'S VERY IMPORTANT.

I DON'T KNOW HOW THAT WORKS WITH BRIN AND HOW THAT LANGUAGE WOULD BE DEVELOPED, BUT IT NEEDS TO BE VERY TECHNICAL.

STAFF NEEDS TO BE ON BOARD WITH IT.

OUR ARBORIST, WHO ALSO WORKS WITH THE TOWN OF FLOWER MOUND WOULD ALSO HAVE TO NEED TO BE VERY INVOLVED WITH THAT.

>> THE SIDE YARD EXCEPTION THAT YOU GUYS ARE ASKING FOR.

>> THE BACKDROP THERE, AND I APOLOGIZE, WE DO NOT HAVE A SLIDE FOR THAT OR FOR THE FENCING.

THE FENCING, I THINK WE'RE AT ABOUT 5,000 OR 6,000 LINEAR FOOT.

WE'RE NOT DOING A LOT OF THIS STUFF.

THE IDEA THERE IS THAT, GOING BACK TO THIS SLIDE HERE, IF YOU HAVE A LARGE TREE, AND YOU NEED TO MOVE THAT HOME AWAY FROM IT, YOU WANT THE FLEXIBILITY TO DO THAT.

SAME THING GOES WITH THE SLOPES.

IF THAT SLOPE COMES INTO THE YARD, I CAN DO A SLOPE EASEMENT, I CAN DO A NICE RETAINING WALL THERE, CUT IT OFF, CUT THE SIDEWALL DOWN, GET THE LOT TO DRAIN TO THE STREET.

SAME THING HAPPENS WITH THE TREE. IT'S ALGEBRA.

>> GO AHEAD.

>> AS FAR AS THE STEEL WIRE, WHY NOT DO PIPE FENCING INSTEAD? JUST THE LOOK AND FEEL?

>> I HAVE PIPE FENCING ON SOME OF MY PROPERTIES.

WE LOOKED AT PREFER THREE RAIL.

WE DID SOME OF THAT IN TOWN LAKE.

IT LOOKS VERY INDUSTRIAL.

THE OTHER STUFF THAT YOU WOULD PAY A WELDER AND JIM BOB AND HIS TRUCK AND A WELDING MACHINE, I'M VERY CONCERNED ABOUT PROCESS OF GETTING THAT BUILT AND THE POSSIBILITY OF FIRE, THE POSSIBILITY OF THESE AREAS AROUND TREES NOT BEING PROTECTED.

I DON'T KNOW. IT'S A LOOK.

WHEN CHARLIE CUMMINGS CAME FORTH WITH HIS APPLICATION, I WAS TALKING TO SOMEONE HERE IN TOWN, I SAID, I WOULDN'T TAKE THAT FENCE DOWN.

I WOULD JUST GO AROUND IT AND BUILD CAPS AND BASICALLY PUT MASONRY STONE COLUMNS EVERY FIFTH PIPE OR WHATEVER BECAUSE THAT PIPE FENCE IS EXPENSIVE.

YOU GOT TO FIND THE PIPE FOR IT, BUT I DON'T THINK IT FITS WITH THIS AREA ANYMORE. I JUST DON'T.

>> YOU'RE NOT USING THAT FOR CONTAINMENT.

IT'S MORE FOR AESTHETICS?

>> THAT'S ALL I HAVE RIGHT NOW. THE TREE DISCUSSION, WE'LL SAVE FOR AFTER PUBLIC COMMENT.

>> ANYBODY ELSE HAVE ANY QUESTIONS?

>> I DID HAVE JUST ONE QUESTION THAT CAME UP ON ONE OF THE EMAILS FROM ONE OF THE RESIDENTS ALSO, HAD A CONCERN ABOUT, I GUESS, THERE'S TWO GAS WELLS THAT HAVE BEEN CAPPED IN.

THERE'S AN EXISTING GAS WELL, I GUESS THE THIRD ONE.

QUESTION ABOUT COULD YOU TALK ABOUT THAT? IF THERE'S A CLEAN UP PROCESS THAT'S REQUIRED, ET CETERA.

>> THERE IS. THERE'S THREE WELLS; GAS PAD SITES, A, B, AND C. A AND B HAVE BEEN CLOSED.

THE FINDINGS OF BOTH THE TOWN'S CONSULTANT AND OUR CONSULTANT ARE THAT THOSE ARE CLOSED AND GOOD TO GO.

THAT WENT THROUGH THE WICHITA FALLS OFFICE, WHICH IS THE DISTRICT OFFICE, IF YOU WILL, AND BECAUSE IT WAS DEALING WITH JUST SURFACE ISSUES, IT WAS CLOSED.

THE ISSUE ON PAD SITE C IS A GROUNDWATER ISSUE.

THE SURFACE ISSUE HAS BEEN DEALT WITH, BUT IT'S A GROUNDWATER ISSUE.

AT THE END OF THE DAY, AND I'M VERY THANKFUL TO THE FAMILY BECAUSE OF THEIR LONG STANDING TIES WITH THE COMMUNITY.

THEY'VE HELPED US GO TOE TO TOE WITH THE OPERATOR TO HOLD THEM ACCOUNTABLE.

IT TOOK SOME HEAD BANGING AGAINST A BRICK WALL TO GET THEM TO DO THAT, BUT I THINK WE'RE THERE.

[03:15:03]

THE STATE TOXICOLOGIST HAS SIGNED OFF ON THE REMEDIATION PLAN.

IT IS EXPECTED TO BE COMPLETED IN JULY OF THIS YEAR.

THEY'RE HAVING TO GO IN AND DO ADDITIONAL REMEDIATION TO REMOVE THOSE ISSUES.

AS BAD THINGS GO, IT'S NOT THAT BAD.

IT'S MANAGEABLE. IT'S NOT LIKE [INAUDIBLE] OH, MY GOD, IT'S A SUPER [INAUDIBLE].

IT ISN'T THAT AT ALL, BUT IT IS SOMETHING THAT IF WE'RE GOING TO HAVE PONDS AND WE'RE GOING TO DRILL WELLS AND THOSE WELLS ARE GOING TO BE MAKING MAKE UP WATER, AND THEN WE'RE GOING TO EXPECT WILDLIFE TO RE-ESTABLISH ITSELF AND THE ECO FRINGE EXPAND ITSELF, WE WANT TO KNOW THE WATER WE'RE PUMPING IN THERE IS HEALTHY.

WE ALSO WANT TO KNOW THAT IT'S GOING TO BE THERE SO THAT WHEN WE BRING FISH IN BECAUSE WHEN WE FINISH TOWN LAKE, WE STOCK THAT WITH FISH.

WE HAVE A PROCESS WE GO THROUGH.

IN THE FALL, WE PUT PERCH AND FATHEAD MINNOWS AND SOMETIMES WE'LL PUT CATFISH IN AT THAT TIME, AND THEN IN THE SPRING, WE COME IN WITH BASS.

WE WANT TO KNOW THE WATER WE'RE PUTTING IN THERE IS SOMETHING THAT'S NOT GOING TO MAKE THEM SICK SO THAT THEY CAN BUILD THEIR TIERED ECOSYSTEM IN THAT POND.

THAT'S THE ISSUE.

IT'S BEEN SIGNED OFF BY THE STATE LEVEL DOWN IN AUSTIN, NOT THE DISTRICT.

THEY CAN ONLY HANDLE ISSUES ON THE SURFACE.

GROUNDWATER ISSUES, THEY HAVE TO DEAL WITH THE STATE, AND THEY PRESENTED A REMEDIATION PLAN.

THE STATE TOXICOLOGIST SIGNED OFF ON IT AND THEY'RE WORKING ON IT AS WE SPEAK.

I THINK THEY'VE BEEN DELAYED A LITTLE BIT WITH THE RAIN.

>> THEN THE STATE COMES BACK AND TESTS WHEN YOU'VE FINISHED?

>> WHAT'S INTERESTING ABOUT IT IS THAT THE STATE IN AUSTIN WILL COME UP WITH THE PLAN AND APPROVE IT, AND THEN IT GOES BACK TO THE DISTRICT OFFICE AND THEY'RE EXPECTED TO DRIVE TO FLOWER MOUND AND WORK WITH THE OPERATOR AND THE OWNER TO DO THAT INSPECTION AND TO ENSURE IT'S CLOSED.

>> I HAD ONE MORE QUESTION, AND MAYBE THIS IS FOR STAFF, BUT FOR THE TREE SURVEYS, HOW DO WE GO ABOUT DOING THAT? HAD A QUESTION ABOUT WHO DOES IT, HOW WE GET A CONTRACTOR TO COME IN.

>> SURE. AS FAR AS WHAT ASPECT OF THE TREE SURVEY IS LIKE THE FUTURE ONE MORE DETAILED.

>> WELL, WHO DOES IT? WHAT ARE THE OPTIONS FOR THE DEVELOPER TO CHOOSE A SURVEYOR? HOW IS THAT ALL ORGANIZED? BY ORDINANCE, IT JUST HAS TO BE A CERTIFIED ARBORIST OR A LANDSCAPE ARCHITECT.

>> BUT WE DO WE HAVE A LIST OF CONTRACTORS AT THE TOWN RECOMMENDS?

>> WE DO NOT RECOMMEND ANY ARBORIST OR LANDSCAPE ARCHITECTS FOR DEVELOPER TO USE.

THEY CAN CHOOSE ANYONE AND SUBMIT IT AS LONG AS THEY'RE LICENSED OR CERTIFIED? THAT WOULD MEET THE ORDINANCE.

ON THE ENVIRONMENTAL PROTECTION SIDE, THAT'S A LIST OF ENVIRONMENTAL CONSULTANTS FOR THE EPP.

>> MIKE, I FORGOT TO ASK YOU ABOUT SEPTIC SYSTEMS? CAN YOU EXPLAIN HOW YOU DO A SEPTIC ON A SMALL LOT, ESPECIALLY ONE WITH A POOL OR SOME OTHER FEATURE, AND HOW YOU ENSURE THAT THERE IS NO ENVIRONMENTAL IMPACT AS A RESULT OF HAVING SO MANY OF THEM IN THIS AREA?

>> AT THE END OF THE DAY, WHAT LEXON SAID EARLIER IS SPOT ON.

BASICALLY THE HALF-ACRE IS THE MINIMUM, AND SO FOR THE HOME, YOU SIZE IT PER THE NUMBER OF BATHROOMS. I THINK THERE'S SOME OTHER BEDROOM CALCULATION, BUT THAT'S IT.

LONG AND SHORT, YOU WANT TO MAKE SURE THAT, ONE, IT'S SIGNED OFF ON A REGISTERED SANITARIAN, WHICH THAT'S PART OF THE APPLICATION PROCESS.

THE SANITARIAN COMES TO THE SITE, HE CHECKS THE SOIL THAT'S ON THAT LOT, AND THEN HE DEFINES IT, AND THEN BASICALLY BUILDS THE MODEL FOR HIS CALCULATIONS ON HOW LARGE THE SEPTIC NEEDS TO BE, WHAT ITS THROUGHPUT NEEDS TO BE, ETC, BASED ON THE SIZE OF THE HOME AND THAT SOIL.

WE HAVEN'T REALLY HAD A PROBLEM WITH IT.

ONE OF THE INTERESTING PARTS OF THE POOL PART IS THAT WE DON'T WANT THE POOLS, WHETHER THEY'RE BROMIDE OR CHLORINE, GOING INTO THE SEPTIC TANK.

IT'LL KILL THE MICROBES.

IT'S ALSO A SITUATION WHERE YOU WANT TO KNOW WHERE THAT POOL, THE OUTFALL OR THE OVERFLOW IS GOING.

BECAUSE OTHERWISE, WHEN YOU HAVE A STORM LIKE URI, AND IT DAMAGES THE POOL FLOAT, ALL OF A SUDDEN IS JUST GOING TO RUN, IT'S GOING TO GO INTO THE OVERFLOW, AND THEN WE GOT TO FIGURE OUT WHERE IT IS.

FOR INSTANCE, IN TOWN LAKE, WE HAD AN ISSUE WHERE, I GUESS TWO OF THE LOTS ACTUALLY IN A LIST OF FOUR OF THEM, TWO OF THEM HAD A WATER LEAK AND IT TURNED OUT THAT THEY HAD TO GO BACK TO THE HOMEOWNERS.

ARE WE EXPECTING A WATER LEAK HERE? YOUR WATER DEPARTMENT WAS ABLE TO SPOT THOSE FOR US, AND WE WERE ABLE TO GO BACK TO THE HOMEOWNERS AND CHECK AND MAKE SURE IT WASN'T THEIR IRRIGATION, IT'S A WATER LEAK.

THEY'RE SEEING THE WATER BILL, AND SO IT'S A LITTLE BIT ELEVATED WATER BILL AND THEY'RE CHECKING THAT ON A MONTH-BY-MONTH BASIS.

WE'RE ABLE TO WORK THROUGH AND THROUGH, TROUBLESHOOT THOSE ISSUES.

THE OTHER PART OF IT IS WE WANT TO MAKE SURE WITH THE SEPTICS

[03:20:01]

THAT IF YOU HAVE A SITUATION WHERE THE HOME IS OF A CERTAIN SIZE, OR ABOVE A CERTAIN SIZE, I SHOULD SAY, THAT IF YOU HAVE THE HOT WATER TANK AND USUALLY THERE'S TWO IN THESE HOMES, AND YOU HAVE THE BATHROOM ON THE OTHER END OF THE HOUSE, YOU WANT TO MAKE SURE THAT WHEN YOU TURN THE HOT WATER ON TO BATHE IN THE MORNING, DOESN'T JUST RUN UNTIL IT GETS HOT.

IN A NUMBER OF OUR LARGER HOMES, WE'VE EITHER GONE TO TANKLESS HOT WATER HEATERS OR WE'VE GONE TO RESEARCH SYSTEMS ON THE HOT WATER SO THAT THESE THINGS AREN'T RUNNING FOR LONG PERIODS OF TIME.

BECAUSE EXTENSIVELY, YOU'RE PUTTING FRESHWATER INTO THE SEPTIC, AND THERE'S NO FOOD THERE FOR THE BIOBES TO DIGEST, IF THAT MAKES SENSE.

YOU'RE JUST LOADING IT UP WITH CLEAN WATER.

DOES THAT ANSWER YOUR QUESTION?

>> I'M JUST TRYING TO UNDERSTAND HOW YOU MITIGATE ANY ENVIRONMENTAL IMPACTS IF THERE'S A LOT OF POOL RUNOFF.

HOW DO YOU MAKE SURE THAT WE DON'T CREATE A PROBLEM WHEN WE PUT ALL THESE HOUSES TOGETHER AND THEY'RE ALL IN SEPTIC AND MAYBE THEY'RE USING A LOT OF WATER?

>> WELL, THE SEPTIC IS GOING TO BE A SITUATION WHERE THEY'RE GOING TO HAVE TO DEAL WITH THAT AS A HOMEOWNER.

WHEN WE SELL THE HOME, WE HAVE A PACKAGE THAT WE GIVE THEM ON HOW THEY CARE FOR THAT.

NOW, IF YOU'RE IN THE COUNTY, YOU HAVE TO HIRE A REGISTERED AGENT TO COME IN AND INSPECT THOSE THREE TIMES A YEAR.

I DON'T KNOW WHAT FLOWER MOUND DOES. DO YOU-ALL DO THE SAME?

>> FOR A SYSTEM THAT REQUIRES MAINTENANCE, THERE IS A REPORT THAT WE GET THREE TIMES A YEAR WHERE THEY SUBMIT.

BASICALLY, THEY HAVE A MAINTENANCE CONTRACT WITH THE PROVIDER.

THAT JUST ENSURES THAT THE SYSTEM IS OPERATING CORRECTLY.

WE'RE HAPPY TO GO OUT TOO IF THEY HAVE QUESTIONS, WEALTH OF INFORMATION ON OUR WEB PAGE, AND SO WE'LL ASSIST RESIDENTS WITH ANY QUESTIONS.

BUT FOR THESE SYSTEMS, THEY WOULD REQUIRE A MAINTENANCE AGREEMENT, SO THEY ARE MAINTAINED.

SOMEBODY COMES OUT WHO IS CERTIFIED, CHECKS THEM THREE TIMES A YEAR, AND WE GET THE REPORT.

>> HAVE WE HAD ANY ISSUES IN THE CONSERVATION AREA WITH SEPTIC AND ENVIRONMENTAL IMPACTS?

>> JUST A FEW, AND MOST OF THEM WHERE THEY WERE OVERLOADING THEIR SYSTEM.

MAYBE THEY DIDN'T UNDERSTAND THAT THEY SHOULDN'T RUN THEIR WASH MACHINES, DISHWASHER SO OFTEN.

IT'S JUST AN EDUCATION THING, BUT I WOULD SAY THERE'S NOT A LOT.

WE HAVEN'T HAD A LOT OF COMPLAINTS FOR THE NEW SYSTEMS. THESE ARE PRIMARILY USING DRIP SYSTEMS, SOME SURFACE APPLICATION.

THERE ARE A VARIETY OF SYSTEMS YOU CAN UTILIZE AS WELL.

>> ANYTHING ELSE? DO YOU HAVE ANY ANY MORE QUESTIONS? THANK YOU, MIKE. THAT WAS EXCELLENT. I APPRECIATE IT.

WE WILL NOW OPEN IT UP FOR PUBLIC COMMENT.

THE FIRST SPEAKER, WE HAVE SEVERAL HERE.

WE'RE GOING TO START WITH SALLY MASHBURN.

YOU CAN COME ON UP. YOU WILL HAVE 3 MINUTES TO PRESENT.

>> GOOD EVENING. MY NAME IS SALLY SMITH MASHBURN.

I LIVE AT 6051 WALNUT HILL CIRCLE, DALLAS, AND I'M HERE TONIGHT TO TALK TO YOU ABOUT THE SMITH FAMILY RANCH AT THE CORNER OF 1171 IN SHILOH.

THROUGH THE YEARS I'VE SPOKEN TO SEVERAL PEOPLE ABOUT MY FATHER, DR. BOB SMITH, AND OUR COMMITMENT TO THE TOWN OF FLOWER MOUND OVER THE PAST 50 YEARS.

WE'VE ALWAYS TRIED TO DO THE RIGHT THING AND ALWAYS, MOST IMPORTANTLY, BE GOOD STEWARDS OF THE LAND.

MY MOTHER, JEAN ALSO DESCRIBED MY FATHER AS SOMEONE CHILDREN AND DOGS JUST LOVED.

HE WAS THE ULTIMATE FAMILY MAN.

HIS CHILDREN AND HIS GRANDCHILDREN WERE HIS PROUDEST ACHIEVEMENTS IN LIFE.

MY DAD WAS A PEDIATRICIAN AND WORKED SEVEN DAYS A WEEK, CARING FOR CHILDREN, PRESENT COMPANY INCLUDED.

WHEN HE WASN'T CARING FOR THE CHILDREN IN HIS PRACTICE AND AT THE HOSPITAL, OR HIS FIVE CHILDREN AT HOME, HE'S DOING PRO BONO WORK AT THE BUCKNER ORPHANAGE CARING FOR CHILDREN.

HARD OF HEARING FROM HIS TIME IN THE KOREAN WAR, HE STILL LOVED THE STORIES CHILDREN TOLD HIM.

EITHER DAY OF SPORTS, GAMES THEY PLAYED, THE FAVORITE CLASSES IN SCHOOL, WHATEVER THEY HAD TO SAY, HE WAS INTERESTED.

IN THE 1970S, MY DAD'S PRACTICE STARTED DOING FAIRLY WELL, AND HE STARTED LOOKING FOR A PLACE WHERE HE COULD TAKE THE WHOLE FAMILY TO GET AWAY FROM THE HUSTLE AND BUSTLE OF DALLAS AND BACK TO NATURE AND FAMILY.

HE ULTIMATELY BOUGHT OUR FAMILY RANCH AND FLOWER MOUND, AND I THINK IT'S SAFE TO SAY HE ACHIEVED HIS GOAL.

I HAVE SO MANY FOND MEMORIES GROWING UP THERE, BUT ALSO OF MY SIBLINGS AND I TAKING OUR OWN CHILDREN UP THERE.

AS KIDS, WE LOVED TO RIDE HORSES, PLAY GAMES, AND JUST EXPLORE THE GREAT OUTDOORS.

AS PARENTS, WE DID THE SAME FOR OUR CHILDREN.

[03:25:01]

MY FATHER ULTIMATELY BUILT AND SOLD A HOSPITAL IN THE WHITE ROCK, DALLAS AREA, AND THAT ALLOWED HIM TO GET MORE INVOLVED IN THE COMMUNITY.

HE VOLUNTEERED OFTEN AND DONATED WHERE HE COULD.

MY SISTER SUFFERED FROM MUSCULAR DYSTROPHY, WHICH WAS IN PART THE IMPETUS FOR STARTING THE DR. BOB AND JEAN SMITH FOUNDATION.

THE FOUNDATION'S FOCUS IS MEDICAL RESEARCH AS WELL AS EDUCATION TO SERVE THE COMMUNITY.

AS PRESIDENT OF THE FOUNDATION NOW, I CAN TELL YOU HIS LEGACY STILL LIVES ON.

FROM SPONSORING METRO CARE AND THE HOMELESS IN NORTH TEXAS TO SMU AND SPONSORING SCHOLARSHIPS, WE'VE NEVER LOST SIGHT OF HIS TRUE A MISSION TO HELP PEOPLE.

AS THE YEARS WENT ON, THE FAMILY RANCH WAS ANNEXED INTO THE TOWN OF FLOWER MOUND.

WHILE THAT RULED OUT SKI SHOOTING, IT WAS STILL THE FAMILY MAIN PLACE FOR GATHERING SOME CHRISTMASES.

AS MY SISTER STRUGGLED WITH MUSCULAR DYSTROPHY, AND MY PARENTS GOT OLDER, IT STARTED GETTING HARDER AND HARDER FOR EVERYONE TO COME AND ENJOY THE RANCH.

WE STARTED TO HAVE DISCUSSIONS AS TO WHAT TO DO WITH THE RANCH.

WE'D LIKE TO THINK WE KNEW THE TOWN OF FLOWER MOUND FAIRLY WELL AND APPRECIATED THE BEAUTIFUL PRETTY LANDSCAPE THAT HE WORKED SO HARD TO PRESERVE.

MY FATHER HAD ENVISIONED A RESIDENTIAL DEVELOPMENT ON THIS LAND AND HE WANTED TO SHARE THE BEAUTY OF THE LAND WITH OTHERS.

IT HAD BEEN A RETREAT FOR OUR FAMILY.

HE WANTED IT TO BE A RETREAT FOR NEW FAMILIES.

WE ARE THRILLED WITH THE TOLL BROTHERS PLANS FOR THE PROPERTY, AND I KNOW IF MY FATHER WAS ALIVE TODAY, HE WOULD BE EQUALLY AS THRILLED BECAUSE THEY SHARE THE SAME VISION.

WE FULLY SUPPORT THIS PLAN AND ASK THAT YOU DO AS WELL.

>> THANK YOU, SALLY.

>> NO PROBLEM. IF WE GO OVER THE 3 MINUTES AND I SEE YOU'RE COMING TO A CLOSING POINT, I'M CERTAINLY NOT GOING TO CUT YOU OFF.

I MYSELF HAVE A HARD TIME WITH TIME LIMITS. EVERYBODY KNOWS THAT.

BUT ANYWAY, THAT WAS LOVELY.

BILL MILBURN. HI.

>> BILL MILBURN, 3036 HUGO COURT.

TOLL BROTHERS HAS PROPOSED ADDING APPROXIMATELY 250 HOMES TO WHAT WAS THE SMITH RANCH, WITH A PREVIOUSLY UNOWED 3/4 ACRES OPPOSED TO THE FAMILIAR ONE ACRE.

APPROXIMATELY 250 HOMES WITH THREE CAR GARAGES EQUAL 750 CARS.

LET'S GO WITH 500 CARS FOR AS MATH.

500 CARS COMING ON TO SHILOH ON THE WAY TO WORK IN THE MORNING.

500 CARS COMING HOME IN THE EVENING, THAT'S 1,000 CARS PER DAY.

SHILOH IS CURRENTLY A DANGER ZONE FOR BICYCLISTS, PEOPLE WALKING THEIR KIDS, PEOPLE OUT WALKING THEIR DOGS.

COMING SOUTH FROM 1171, GOING UP THE BLIND HILL IS ONLY TO RUN INTO A GROUP OF CYCLISTS IS AN ACCIDENT WAITING TO HAPPEN.

WE'VE RAISED THIS ISSUE PREVIOUSLY AND NO ONE SEEMS TO CARE OR TAKE ANY ACTION.

IF WE ADD 1,000 CARS TO AN ALREADY DANGEROUS SYSTEM, IT'S GOING TO BE A DISASTER.

WE NEED A COMMITMENT FROM THE TOWN THAT APPROVAL OF THIS DEVELOPMENT WILL BE CONTINGENT ON DESIGNATING FUNDS AND ADVANCED SCHEDULING FOR BIKE LANES.

UNLIKE THE CAVALIER ATTITUDE OF THE PAST, LANES ON SHILOH TO THE SOUTH TO SUNSET TRAIL WEST ON ROCKY POINT, SOUTH TO CARDINAL, DRIVE EAST OF WICHITA TRAIL.

FLOWER MOUND SYMBOL IS A TREE, A HORSE AND SKYSCRAPERS IN THE DISTANCE.

ALMOST ALL THE HORSES ARE GONE AND NOW THE TREES ARE IN DANGER.

TOLL BROTHERS REQUEST TO REMOVE 129 OF THE BIGGEST TREES IN THEIR DEVELOPMENT.

IT WOULD TAKE OVER 100 YEARS TO REPLACE THESE TREES.

THE NEXT MOVE WILL BE TO TO REMOVE PROTECTED TREES.

IT MIGHT BE FACETIOUS, BUT TO PROPOSE REMOVING THE HORSE AND THE TREE FROM THE FLOWER MOUND EMBLEM WHILE WE'RE DOING THIS.

BUT I REALLY MISSED THE FLOWER MOUND MY FAMILY SELECTED TO BE OUR FOREVER HOME BEFORE IT SLOWLY BECOMES A FLAT TREELESS PLANO WEST.

PLEASE CONSIDER PRESERVING OUR HERITAGE.

>> THANK YOU, BILL. WE HAVE CHRISTINE PAYTON NEXT.

>> SHE BURNED OUT.

>> SHE BURNED OUT. THEN WE HAVE KENNETH SHEPERS. DID I SAY THAT RIGHT?

>> GOOD ENOUGH.

>> THANK YOU, COUNCIL. MY NAME IS KENNETH SKIPPERS.

I HAVE RESIDED AT 6505 BURNING TREE DRIVE FOR THE LAST 23 YEARS.

I SENT AN EMAIL LATE TODAY.

I CAME HERE TO DELIVER PICTURES IN A CARD, BUT I WAS TOO LATE.

I MISSED THE NEW DEADLINE.

ANYWAY, I SENT THAT EMAIL TO YOU WITH A FEW PICTURES IN

[03:30:01]

IT TO DEMONSTRATE TO YOU WITH THE SPECIFIC SOIL TYPE THAT WE HAVE HERE AND THE CONSEQUENCE OF AN INCH OR MORE OF RAIN AT ANY PARTICULAR TIME.

I HAVE 16 FEET OF ELEVATION FROM BURNING TREE DRIVE DOWN TO THE BOTTOM OF MY LOT, WHICH IS ONE ACRE.

I HAVE 2,500 SQUARE FOOT HOME WITH A THREE CAR GARAGE.

THOSE PICTURES SHOW YOU EXACTLY HOW MUCH RAIN OR RUNOFF ACCUMULATES IN THE BOTTOM OF MY YARD AND RUNS INTO THE GUY BEHIND ME.

IT'S LIKE A LAKE, LITERALLY.

MY CONCERN IS WITH ALL THE HOMES THAT ARE GOING TO BE BUILT ON THAT PROPERTY, THE AMOUNT OF ROOF AREA THAT'S GOING TO COLLECT IN THE ROADS, WHERE'S THAT WATER GOING TO GO? ARE THERE BAR DITCHES ON THE SIDE OF EACH ROAD? I DIDN'T SURE SHARE WITH YOU PHOTOGRAPHS OF SHILOH DURING THAT SAME PERIOD WHERE IT ACTUALLY RAN OVER THE ROAD AT THE BOTTOM BEFORE IT TURNS THE CORNER AT THE BOTTOM OF SHILOH.

CURRENTLY, EVEN WITHOUT THOSE BUILDINGS, THERE'S SO MUCH WATER THAT RUNS DOWN BOTH SIDES OF SHILOH.

YOU ADD THE SEPTIC AND THEN FOR THOSE PEOPLE THAT ARE GOING TO PUT POOLS IN THEIR YARD, ALL THE BACKWASH WATER, WHERE IS IT GOING TO GO? ON THE STREET? NO BAR DITCHES, NO DRAINAGE? DOESN'T MAKE ANY SENSE TO ME.

AS FAR AS WILDLIFE GOES, YOU CAN COME TO MY PROPERTY ANY DAY OF THE WEEK AND SIT THERE FOR TWO HOURS, AND I'LL SHOW YOU WHERE THE RED-TAIL HAWKS ARE, ALL OF THAT CUT.

WILD TURKEYS IN MY PROPERTY, JUST PHOTOGRAPHED IN THE LAST COUPLE OF WEEKS.

I HAVE A MISSISSIPPI CAT NEST RIGHT ABOVE MY GARAGE, EVERY YEAR, LIKE CLOCK WORK.

THERE ARE REPTILES HERE, ELKS, ALL OF THAT TYPE OF STUFF.

FOR THEM TO SAY THAT THERE'S NO REPTILES AND WILDLIFE IS GARBAGE. THANK YOU.

>> THANK YOU SO MUCH, KENNETH.

THE LAST CARD I HAVE IS BRONS PETERSON.

>> GOOD EVENING. MY NAME IS BRONS PETERSON, 5104 SADDLE DRIVE, FLOWER MOUND, TEXAS.

FIRST OF ALL, CONGRATULATIONS TO ALL OF THE NEW MEMBERS AND EVERYONE THAT IS WITH US TONIGHT.

THANK YOU FOR YOUR SERVICE.

I HAVE A PRESENTATION THAT I HANDED OUT TO YOU AND NO WAY WILL I GO THROUGH THAT WHOLE THING TONIGHT.

I THINK SOME OF YOU WATCHED THE P&Z MEETING FROM LAST WEEK, WHICH I WENT THROUGH A LOT OF IT.

BUT I DID JUST WANT TO BRING UP A FEW POINTS SINCE IT IS COUNCIL MEETING.

I HAVE BEEN TOLD SEVERAL TIMES THAT THIS IS NOT NECESSARILY THE LOCATION AND WE'RE STILL IN DESIGN, BUT I WANT TO KEEP IT IN THE FORETHOUGHT OF EVERYONE'S MIND SOME OF THE ISSUES I HAVE.

NUMBER ONE, NOT TO DRIVE AT HOME TOO MUCH, BUT STILL I'M VERY CONCERNED ABOUT HOW THE EAST WEST SECTION OF SCENIC.

JUST TO GIVE SOME CONTEXT FOR THOSE OF YOU DON'T KNOW.

MY WIFE AND I OWN THE RANCH JUST SOUTH OF CIRCLE R RANCH DIRECTLY ON SCENIC DRIVE.

WE HAVE ABOUT 2,400 FEET OR SO OF SCENIC DRIVE.

AS YOU COME SOUTH ON SCENIC WITH CIRCLE R ON YOUR WEST, WERE THE RANCH YOU GET TO WHEN YOU COME SOUTH AND THAT 27 OR 28 ACRES JUST SOUTH OF CIRCLE R. WE'VE GOT TOWN LAKE 56 TO OUR EAST AND THEN WE'LL HAVE THE SMITH TRACK TO OUR WEST.

FIRST OF ALL, I WANT TO SAY I AM NOT DISAPPROVING OF TOLL BROTHERS APPLICATION.

I ACTUALLY SUPPORT IT.

I THINK IT'S A GOOD USE FOR THE LAND.

I THINK THEY'RE PROBABLY DOING A GREAT JOB.

I JUST WOULD LIKE A FEW OF THESE ITEMS TO BE RESOLVED OR AT LEAST ADDRESSED.

FIRST OF ALL, THE EAST WEST SECTION OF SCENIC THAT'S GOING TO CONNECT THE WALSINGHAM EXTENSION COMING OUT OF TOWN 56 TO THE ENTRANCE TO THE SMITH TRACK.

I'M JUST CONCERNED HOW THAT'S GOING TO LOOK.

I'VE GOT A LOT OF VERY BEAUTIFUL TREES AND PART OF THE REASON WE PURCHASED THE PROPERTY WAS BECAUSE OF THAT ENTRANCE.

THAT'S NUMBER ONE, I KNOW THAT'S GOING TO BE DISCUSSED BUT I CAN'T STATE IT ENOUGH.

I JUST WOULD LOVE TO BE INVOLVED IN THAT CONVERSATION.

HOPEFULLY NOT TO THE CHAGRIN OF THE TOWN, BUT I WOULD LIKE TO BE INVOLVED IN THAT.

NUMBER TWO, THE NORTHEAST ENTRANCE OF THE SMITH TRACK AS IT'S SOUTH OF CIRCLE R,

[03:35:07]

WHICH WOULD BE MY NORTHWEST CORNER.

THAT ENTRANCE AS IT IS DEPICTED ON THE SITE PLAN CANNOT EXIST IN THAT WAY, AT LEAST IN MY MIND.

THAT ENTRANCE IS SHOWN TOO FAR SOUTH ON SCENIC, YOU'LL ACTUALLY HAVE A ODD SHAPED INTERSECTION BECAUSE OF WHERE THAT IS INTERSECTING.

IN ORDER TO HAVE THAT ACTUALLY INTERSECT WITH THE NORTHEAST CORNER OF THE SMITH TRACK, THAT WOULD ALL HAVE TO BE MOVED NORTH 40, 50 FEET, WHICH WOULD REQUIRE ADDITIONAL ACQUISITION OF 30 FEET OF CIRCLE R. IT'S VERY IMPORTANT NOW TO UNDERSTAND THAT.

I DON'T THINK MANY PEOPLE DO.

I JUST WANT TO POINT THAT OUT AGAIN.

HIKE AND BIKE TRAIL LOCATION.

IF IT'S GOING ON THE NORTH SIDE OF SCENIC AS IT RUNS ON THE NORTH SIDE OF MY PROPERTY, SO I'D BE THE NORTH SIDE OF SCENIC.

THAT'S NOT SHOWN CORRECTLY ON THE PLANS.

THE OTHER THING IS WE'VE GOT SEVERAL TRAIL HEADS THAT ARE BEING PLANNED, ONE THAT IS DIRECTLY WEST OF MY RANCH.

AS YOU GO SOUTH ON SCENIC, SCENIC IS NOT BEING IMPROVED AT ALL, AS YOU GO SOUTH OF THERE.

AGAIN, IF WE'RE NOT IMPROVING ANYTHING AT ALL AND WE'RE GOING TO ACCESS THAT TRAIL HEAD ONLY FROM SCENIC, I QUESTION THAT.

WE'RE GOING TO BRING TRAILERS AND EVERYTHING DOWN THERE IN A ROAD THAT'S VERY SMALL RIGHT NOW.

I GAVE YOU LOTS OF PICTURES, LOTS OF INFORMATION.

BUT THANK YOU VERY MUCH FOR YOUR TIME. APPRECIATE IT.

>> THANK YOU, BRONS. TERESA, DO WE HAVE ANY MORE? NO MORE CARDS, RIGHT?

>> WE DON'T. BUT JUST TO CONFIRM THAT, IS THE PUBLIC HEARING FOR 7:00 AND 8:00 THAT YOU OPENED INITIALLY, I DID NOT MAKE A NOTE OF THAT, BUT FOR THE PURPOSE OF THE MINUTES, I WANT TO MAKE SURE I'M ACCURATE IN THAT.

>> I'M SORRY. THAT'S FOR ITEM 6 AND 7.

DOES ANYBODY HAVE ANY OTHER PUBLIC COMMENT FOR THOSE ITEMS? WE WILL CLOSE THE PUBLIC HEARING FOR ANY KIND OF DELIBERATION.

LET'S TAKE A RECESS AND WE'LL COME BACK FOR ABOUT, GIVE US FIVE MINUTES. SORRY ABOUT THAT.

IT'S A LONG TIME TO SIT UP HERE.

OUR LITTLE RECESS IS OVER.

WE'LL GET STARTED ON DELIBERATION ON ITEM NUMBER 6 AND 7 UNDER THE PUBLIC HEARING FOR THE SMITH TRACK CONSERVATION.

DOES ANYBODY HAVE ANY DISCUSSION POINTS THEY WANT TO POINT OUT?

>> BRIAN, CAN YOU TALK ABOUT INDIAN MARKER TREES AND THE HISTORICAL SIGNIFICANCE OF THEM AND HOW THAT IS HANDLED UNDER STATE LAW?

>> SURE. THERE ISN'T REALLY A STATE LAW ISSUE.

IT IS OUR LOCAL ORDINANCE.

JUST TO PROVIDE EVERYONE SOME REASSURANCE, HISTORIC TREES ARE SUBJECT TO SPECIAL PROTECTION UNDER OUR ORDINANCE.

IT REQUIRES A SUPER MAJORITY VOTE OF THE ECC AND A SUPER MAJORITY VOTE OF COUNCIL IN ORDER TO TAKE ONE DOWN.

MY COMMENT TO YOU COUNCIL MEMBER, SHE HAS TOLD US DURING THE BREAK IS, YES, WE COULD ADD LANGUAGE TO THE MOTION, BUT I REALLY THINK IT WOULD BE REDUNDANT.

THE PROTECTION IS ALREADY ON THE BOOKS, AND YOU CAN'T INTENTIONALLY TAKE DOWN ONE OF THOSE TREES, WHETHER IT'S ONE APPROVED FOR A SPECIMEN TREE REMOVAL PERMIT OR A TREE THAT ISN'T PART OF THIS APPLICATION THIS EVENING.

THAT'S ESSENTIALLY THE LEGAL FRAMEWORK WITHIN WHICH HISTORIC TREES ARE DEALT AND AN INDIAN MARKER TREE IS A HISTORIC TREE.

NOW, IN TERMS OF MAKING SURE WE CATCH THEM, I THINK MATT MAY HAVE SOME FEEDBACK ON HOW STAFF REVIEWS THESE APPLICATIONS AND THE TREE SURVEY ON A SEPARATE OCCASION.

>> SURE. WE WOULD ACT IN THIS SITUATION, IT HASN'T HAPPENED BEFORE, OBVIOUSLY FOR INDIAN MARKER TREE, BUT WE WOULD WORK WITH THE LAND OWNER, THE DEVELOPER, AND OBVIOUSLY THROUGH A FUTURE SURVEY AND GO THROUGH THAT PROCESS WITH THE TEXAS TREE COMMISSION.

WE WOULD FIND OUT THIS INFORMATION WITH SUBSEQUENT SURVEYS AS WELL.

WE WOULD BE ON THE PROPERTY.

MORE DETAILED TREE SURVEY THAT COMES ALONG WITH THE SUBDIVISION SITE PLAN WOULD GIVE ANOTHER LIST OF COUNT PROTECTED TREES, AND THEN WE'D ALSO HAVE ANOTHER REVIEW OF THE SPECIMEN TREE SURVEY.

IF ONE WAS FOUND, WE WOULD WORK WITH THAT LAND OWNER AND DEVELOPER.

I HAD TO GO THROUGH REMOVAL PROCESS AS BRIAN MENTIONED, IT REQUIRES THAT ADDITIONAL SUPER MAJORITY, ECC, AND COUNCIL TO REMOVE IT.

>> IT SOUNDS LIKE YOU ALREADY HAVE THOSE SYSTEMS IN PLACE FOR THAT?

>> FOR THE REMOVAL, YES.

TO IDENTIFY THEM, THAT'S A PROCESS WHERE WE WOULD WORK WITH THE LAND OWNER, THE DEVELOPER, AND STAFFS WOULD BE ON THE PROPERTY AS WELL.

OBVIOUSLY, THIS HAS NOT OCCURRED BEFORE SO WE WOULD DO AN INVESTIGATION ON SITE AND THROUGH THE SURVEY.

>> BECAUSE THEY'RE SO RARE, WHAT IS THE PROCESS TO IDENTIFY AN INDIAN MARKER TREE?

>> FROM MY UNDERSTANDING, YOU HAVE TO HAVE ONE, THE HISTORICAL SIGNIFICANCE.

YOU HAVE TO HAVE THE SIZE, SHAPE.

[03:40:01]

OBVIOUSLY, IT WOULD BE A VERY LARGE TREE BECAUSE IT WOULD BE A COUPLE HUNDRED YEARS OLD.

YOU'D HAVE TO HAVE IT VERIFIED BY A THIRD PARTY, WHICH COULD BE WHICHEVER TRIBE.

COMANCHE TRIBE MOST LIKELY, A REPRESENTATIVE.

>> WE IDENTIFY THE SHAPE AND THEN WE WOULD HAVE THE COMANCHE NATIVE COME OUT TO VERIFY IT. IS THAT HOW?

>> I THINK IF WE WENT OUT THERE OR THE DEVELOPER WENT OUT THERE, THE HERBALIST FOUND ONE AND SAID THIS COULD BE A CANDIDATE.

THEN YOU START THAT PROCESS THROUGH THE HISTORIC TREE COMMISSION AND THEN WHICHEVER TRIBE IT IS TO COME OUT AND VERIFY THAT.

I CAN DO A LITTLE MORE RESEARCH AND GET MORE INFORMATION FOR YOU.

THAT'S MY UNDERSTANDING GENERALLY HOW THE PROCESS WORKS.

>> I'D LIKE TO UNDERSTAND IT AND MAKE SURE THAT WE'RE NOT MISSING ANYTHING ON THIS.

>> CERTAINLY. YES.

>> THAT'S A BIG TRACT.

>> DEFINITELY. AS IT MOVES FORWARD, WE WOULD DIG INTO THAT FURTHER AND FIND OUT THE DETAILS THAT FORM THE SUBMISSION FORM TO DETERMINE IF THERE'S A CANDIDATE, THEN THE NEXT STEPS, WHATEVER THOSE MAY BE.

>> WE HAD SOME CONCERNS ABOUT THE DRAINAGE IN THAT AREA ON THAT SMITH TRACK.

CLAY, WOULD THERE BE ANY WAY YOU COULD GIVE US SOME INPUT ON THAT?

>> YEAH. SURE. AS THEY SAID, THERE IS A LOT OF DRAINAGE THAT COMES DOWN THE SMITH TRACT, COMES DOWN INTERNAL TO THE SITE.

THEN WHEN YOU GET TO THE SOUTH, THAT'S WHEN YOU HIT THE CORE OF ENGINEERS, FLOOR ADJUSTMENT AND THE FLOODPLAIN.

YOU EXPECT TO SEE A LOT OF WATER THERE BECAUSE IT IS THE FLOODPLAIN.

NOW, SOME OF THE COMMENTS, EXCUSE ME, ABOUT SHILOH AND THE DRAINAGE, SHILOH ACTS LIKE A DRAINAGE DIVIDE.

ESSENTIALLY EVERYTHING ON THE WEST SIDE IS ON ITS OWN.

THEN ON THE SMITH TRACT EAST OF SHILOH YOU HAVE BASICALLY A 50 FOOT BUFFER AND THEN MOST OF THAT DRAINAGE ACTUALLY STAYS INTERNAL TO THE SITE UNTIL IT GETS TO THE SOUTH SIDE.

THERE WOULD BE A SMALL BIT THAT WOULD THAT DOES DRAIN TO SHILOH, BUT THE MOST OF IT ACTUALLY GOES THROUGH THE SMITH TRACT ITSELF.

THAT'S LIKE WHENEVER WE'RE TALKING ABOUT SCENIC AND THE SIZE BAR DITCHES THAT WE WOULD NEED ON SCENIC, IT'S ALSO AT ANOTHER RIDGE LINE.

YOU CAN THINK OF THE SUBDIVISION ALMOST UP TO A BOWL OR CHANNEL ITSELF. DOES THAT HELP?

>> WHAT ABOUT THE NEIGHBORHOOD TO THE SOUTH OF THE SMITH TRACT? IS IT ELEVATED THAT IT WOULD DRAIN TOWARDS THAT NEIGHBORHOOD OR AROUND THE NEIGHBORHOOD, HOW WOULD?

>> SO THERE'S THERE'S THE MIRACLE LANE RIGHT RIGHT THROUGH THERE AND SO THEY'RE RIGHT ALONG THAT PATH.

ESSENTIALLY, THE STREAM LINE IS JUST TO THE EAST OF MIRACLE LANE.

THAT'S WHERE THE FLOOD STUDY WOULD REALLY COME IN HANDY BECAUSE ONE OF THE THINGS WE WOULD SHOW WAS WE REQUIRE THERE'S NO ADVERSE IMPACT.

NO INCREASE IN WATER SURFACE ELEVATION OR INCREASE IN VELOCITY?

>> THEY WOULD BE REQUIRED TO DRAIN THAT TO SHILOH, AWAY FROM THE MIRACLE LANE AREA?

>> NO, THAT'S THE NATURAL PATH THAT GOES.

IT WOULD BASICALLY GO TO THE FLOODPLAIN, THE CORE FLOW ADJACENT AND THEN SOUTH UNDERNEATH WICHITA TRAIL OR CARDINAL. YEAH.

>> IF THIS ZONING IS APPROVED, AND THEN WE GO INTO THE NEXT PHASE SITE PLAN OR NOT SITE PLAN I GUESS IT'S FORGET THE NAME OF IT. SORRY.

>> SUBDIVISION.

>> SUBDIVISION PLAN.

THEN THE ENGINEERING WILL START, LOOK AT THE WAY WATER IS FLOWING IN THAT AREA, WHAT WILL THE PROCESS BE FOR THOSE NEIGHBORS TO MAKE SURE THEY GIVE THEIR FEEDBACK AND WORK WITH THIS DEVELOPER TO ENSURE THAT THEIR NEEDS ARE BEST MET?

>> TYPICALLY, WHAT WE WOULD DO IS THAT WE WOULD MAKE THEM MEET OUR CRITERIA.

WE TYPICALLY DON'T NECESSARILY ENGAGE THEM IN THE ENGINEERING SIDE OF THINGS, BUT I'M SURE WE COULD FIGURE SOMETHING OUT.

>> STAFF IS RESPONSIBLE FOR REVIEWING THE PLANS AS THEY COME FORWARD SO THROUGH THE DETENTION AND THROUGH LOOKING AT WHAT THOSE STORM FLOWS ARE AND THE CALCULATIONS THAT THEIR DRAINAGE ENGINEER DOES AND WHAT THEY PROVIDE TO THE TOWN THROUGH COMMENTS AND APPLICATION, WE ENSURE THAT THE TOWN'S DRAINAGE STANDARDS ARE MET.

>> YEAH, WHICH AGAIN, WITH IT BEING IN THE FLOODPLAIN, NO ADVERSE IMPACTS, NO INCREASE IN WATER SURF SALVATION, NO INCREASE IN VELOCITY.

>> MR. PETERSON HAS COME TO THIS MEETING A NUMBER OF OTHER MEETINGS AND HE HAS CONCERNS ABOUT WALSINGHAM BEING STRAIGHTENED OUT AND ALIGNED WITH THE PART OF THE EAST WEST PORTION OF SCENIC? I'M ASSUMING THAT'S HOW IT'S GOING TO BE DONE, BUT WHAT REASSURANCE CAN WE PROVIDE HIM? I KNOW SPEAKING FOR MYSELF THAT I WOULD NOT BE IN FAVOR OF ANY EMINENT DOMAIN THAT WOULD TAKE PROPERTY FROM THIS PROPERTY OWNER IN ORDER TO PROVIDE ACCESS TO A NEIGHBORHOOD.

BUT IS THERE ANYTHING WE CAN DO AT THIS POINT TO BLOCK THAT IN? DO WE JUST NEED A REASSURANCE FROM THE DEVELOPER THAT THAT'S HOW THEY INTEND TO DO?

>> ALSO FOR RIGHT NOW, ONE OF THE THINGS THAT WE NEED IS WE NEED TO KNOW EXACTLY HOW THE SMITH THAT PART IS GOING TO COME OUT AND MATCH UP WITH SCENIC.

THAT'S WHEN IF YOU REMEMBER WHEN I WAS HERE LAST

[03:45:01]

TIME WE WERE TALKING ABOUT THIS IS THERE'S TREES ALONG THE NORTH AND THEN THERE'S TREES THERE AT MR. PETERSON'S ENTRANCE.

NOW, THERE'S ALSO THE WAY TOWN LAKE 5 AND 6 IS COMING IN, IT'S THE FULLER SECTION, SO IT'S ALREADY GOING TO BE A LITTLE BIT WIDER.

IT'S SHIFTED A LITTLE BIT TO THE NORTH AND THEN WHERE THE SMITH TRACT EXIT IS, IT'S A LITTLE BIT SOUTH.

>> IT'LL BE HELPFUL WITH THE PICTURE.

>> TO DO THIS.

SORRY. LARSON BROUGHT UP A GOOD POINT PROBABLY.

HERE'S THAT CONNECTION THERE.

I KNOW THERE'S A LOT OF LINES ON THE MAP.

BUT THAT WAS REMEMBER, WE'RE TRYING TO LAY IT OUT, BASICALLY DESIGN IT THREE DIFFERENT WAYS.

ONE OF THE THINGS YOU START LOOKING AT HERE IS, WELL, THIS IS SHIFTED A LITTLE BIT HERE, AND THIS CURRENTLY IS SHIFTED A LITTLE BIT SOUTH.

YOU HAVE A LITTLE BIT OF AN OFFSET.

NOW, ONE OF THE THINGS WE CAN DO THOUGH IS WE CAN COME IN HERE AND WE CAN TRY TO AVOID AS MANY TREES AS POSSIBLE.

IS THAT JUST DOING A STRAIGHT LINE STRAIGHT ACROSS HERE? IS THAT DOING A DIAGONAL LINE, OR DO WE COME OVER AND DO A LITTLE BIT OF A DOG LEG AND AVOID AS MUCH OF THOSE TREES.

RIGHT NOW, WE DON'T EVEN HAVE A SURVEY.

THE FIRST THING WE NEED TO DO IS SURVEY.

THEN WE GET AN ENGINEER.

RIGHT NOW, WE'RE JUST LOOKING FOR THOSE COMPONENTS, LIKE HOW WIDE OF THE SECTION DO WE WANT TO BE, 1-8' TRAIL.

FROM THERE, WE CAN DESIGN THIS AND BASICALLY MY CHARGE WAS MAKE SURE THIS DESIGN SO THAT WE AFFECT THE LEAST AMOUNT OF TREES AND COMMUNICATE WITH BOTH PROPERTY OWNERS.

WE WOULD CONTINUE TO DO THAT.

BUT AS OF RIGHT NOW, THIS IS STILL PRETTY PRELIMINARY.

>> THE BEST WAY TO DO THAT IS TO LOOK AT THOSE BOTH THE WEST AND THE EAST SIDE ONCE WE HAVE THAT SURVEY AND ONCE WE START THE DESIGN OF THAT EAST WEST SECTION.

TO MAKE DECISIONS RIGHT NOW WOULD BE PREMATURE WITHOUT BEING ABLE TO TAKE INTO CONSIDERATION ALL OF THOSE TREES AT THE TIME OF DESIGN.

>> ABSOLUTELY.

>> YOU MAY HAVE TOLD US IN PLANNING AND ZONING, BUT DID YOU GIVE US A DATE ON WHEN THAT SURVEY WOULD BE DONE?

>> NO. BECAUSE THAT WOULD ACTUALLY BE DONE WITH PART OF THE SMITH TRACT.

AS THE SMITH TRACT IS GETTING MORE FINALIZED, WE WOULD HAVE THEM COMPLETE THE SURVEY FOR US AND PROBABLY WORK WITH THEIR ENGINEER TO GO AHEAD AND ENGINEER THAT TOO.

THAT WOULD BE BASICALLY DONE WITH SMITH TRACT.

>> THE END RESULT IS A T AT THIS LOCATION? THE WAY THE INTERSECTION IS LIKE A THREE WAY STOP, RIGHT?

>> YOU'VE GOT SOME ROOM ON THE NORTH WEST PORTION OF IT THERE WHERE THAT INTERSECTION WILL GO.

I'M TRYING TO UNDERSTAND THE CONCERN THAT THE WHOLE ROAD IS GOING TO SHIFT TO THE SOUTH.

>> WELL, SO WHAT THAT IS IS BECAUSE OF THE PROPERTY LINES AND SO IF RIGHT OF WOODS GOTTEN HERE FROM BOTH SIDES OF THE PROPERTY LINE, THEN THE PROPERTY LINE BECOMES THE CENTER OF THE ROAD.

OVER HERE, WHERE THE PROPERTY IS ESSENTIALLY THE PROPERTY LINE, HE DOESN'T HAVE ANY PROPERTY FROM CIRCLE R RANCH.

IT'S NATURALLY GOING TO BE SHIFTED SOUTH, IF THAT MAKES SENSE.

>> IT IMPACT MORE TREES, THEN, RIGHT? OR LESS TREES?

>> IT COULD BE LESS TREES BECAUSE I THINK THERE'S ACTUALLY SOME MORE TREES THERE NORTH OF THE PROPERTY LINE ALONG CIRCLE R RANCH PROPERTY.

>> IF WE WANTED TO MAKE IT MORE OF A T, WOULD WE HAVE TO ACQUIRE MORE LAND FROM THE CIRCLE R RANCH TO MAKE THAT INTERSECTION?

>> YES, WE WOULD NEED TO ACQUIRE PROPERTY FROM BOTH PARTIES.

THEN IT'S WELL, HOW MUCH AND WHAT LOCATION BECAUSE IT'S NOT JUST A STRAIGHT SHOT. YEAH.

>> THANK YOU, CLAY. DO YOU ALL WANT TO.

>> OH, I GUESS.

>> DELIBERATE.

>> THERE WAS ONE OTHER ITEM, THE BIKE LANE ON SHILOH.

THAT'S PART OF OUR THOROUGHFARE PLAN, RIGHT?

>> RIGHT.

>> CURRENTLY PART OF OUR THOROUGHFARE PLAN.

>> WHAT'S THE TIMELINE ON EVALUATING THAT OR IS IT PART OF?

>> CURRENTLY IT'S NOT ON THE CIP AND IT WOULD PROBABLY BE ONE OF THOSE THAT THE VOLUME OF TRAFFIC IS LOW AND FROM THE TIA, I DON'T REMEMBER THE EXACT NUMBER, BUT THE TIA FROM SMITH TRACT SHOWED ALSO PRETTY LOW NUMBERS.

WE PROBABLY LOOK AT THAT MAYBE OFF OF MORE OF A CONDITION ASSESSMENT WHENEVER WE'RE LOOKING AT REBUILDING THE ROAD, RECONSTRUCTING THE ROAD, GO INTO THAT FULL SECTION.

>> TIA SHOWED WHEN THE TRAFFIC ANALYSIS WAS DONE,

[03:50:02]

IT SHOWED IMPROVEMENTS TO BE DONE AT SHILOH IN 1171, WHICH WAS BROUGHT UP.

PRIMARILY, THE SOUTHBOUND IS THE NECESSITY TO GET A THROUGH RIGHT AND LEFT ON THE SOUTHBOUND, WHICH THEN LETS THE TRAFFIC SIGNAL SPLIT, WHICH IS THE REAL BENEFIT.

THEN ALSO OVER AT THE OTHER AT SCENIC, WE WOULD BE WATCHING THAT AS PART OF THE TRAFFIC ANALYSIS TOO, BUT THOSE WERE THE ONLY TWO IMPROVEMENTS.

THERE WAS NO CONCERN ABOUT THE LANES BEING ABLE TO ACCOMMODATE THE TRAFFIC WITH THE DEVELOPMENT.

>> WE WOULDN'T SEE BIKE LANES UNLESS WE'RE REPLACING THE ROAD.

>> PRETTY MUCH. YEAH. AS TIFFANY SAID, THE ONLY THINGS THAT WERE KIND OF IDENTIFIED WERE INTERSECTION IMPROVEMENTS AT CROSS TIMBERS?

>> YEAH.

>> ANY MORE COMMENTS? ANYONE?

>> I JUST WANT TO TALK TO THE APPLICANT ABOUT SOME OF THE SPECIFIC TREES ON THEIR SURVEY THAT ARE SCHEDULED FOR REMOVAL AND I THINK SOME OF THE OTHER COUNCIL MEMBERS HAVE THE SAME.

>> MIKE, DO YOU WANT TO COME BACK UP HERE?

>> IT DIDN'T LOOK LIKE THE APPLICANT'S PRESENTATION HAD ALL THE TREES.

SO IF THAT IS THE CASE, I WAS JUST GOING TO OFFER THE STAFF PRESENTATION.

OR MAYBE IT'LL DISAPPEAR. WE HAVE BACK HERE, THE INDIVIDUAL SLIDES.

>> MIKE, I WENT THROUGH THE TREE SURVEY AND I MADE A LIST OF ALL OF THE POST OAKS IN GOOD CONDITION, 30 " OR GREATER, AND THERE WERE 12 OF THEM THAT WERE THAT WERE SLATED FOR REMOVAL.

I EMAILED THAT LIST TO YOU AND I KNOW THAT YOU EMAILED ME BACK AND THERE WERE SOME OF THEM THAT WE BELIEVE WE CAN SAVE.

CAN WE GO THROUGH THAT QUICKLY AND SEE IF WE CAN THESE ARE THE TREES THAT WE WOULD EXCLUDE FROM THE TREE REMOVAL AGENDA ITEM?

>> JUST TO START, I'M BELIEVING THAT 6380-6381, THOSE ARE IN SERIOUS DECLINING HEALTH, SO I'M NOT SURE.

YES, THEY'RE SHOWN AS GOOD 18 MONTHS AGO.

THERE'S BEEN SOME WEATHER CHANGES THAT HAVE COME SINCE THEN AND WE ACTUALLY WERE ON SITE TODAY CHECKING THOSE.

>> IF IT'S IN DECLINING HEALTH, THAT'S RIGHT.

I'M NOT CONCERNED ABOUT THAT, SO GIVE ME THOSE NUMBERS AGAIN, PLEASE?

>> 6380, 6381.

>> I HAD 6381 ON MY LIST, NOT 6380.

>> WELL, THEY'RE IN SERIES, SO IF YOU TAKE ONE, YOU TAKE BOTH.

>> SURE. NOW, YOU HAD MENTIONED THERE'S ONE IN PARTICULAR, 6352 THAT'S 41 ".

NOW, YOU HAD MENTIONED THAT IT'S ACTUALLY MULTIPLE TREES?

>> IT'S FOUR SEPARATE TREES THAT ARE CLUMPED TOGETHER, SO WHEN THEY DO A SURVEY, THERE'S THE ASI VERSION OF HOW TO COUNT THAT TREE VERSUS THE TOWN OF FLOWER MOUNTS ORDINANCE.

IT GETS INTO A TECHNICAL TOPIC OF INCLUDED VERSUS NON INCLUDED BARK.

TO RESOLVE THE MATTER, HISTORICALLY, WHAT HAS HAPPENED IS THAT IF IT'S CONNECTED TWO FOOT ABOVE GROUND, WE CONSIDER IT ONE TREE AS OPPOSED TO A MULTI TRUNK TREE THAT GREW TOGETHER, AND IT'S JUST A MATTER OF HOW YOU MEASURE THOSE IN THE FIELD.

TO YOUR POINT, YES, IT IS FOUR TREES.

IF YOU LOOK AT THE LAYOUT, YOU CAN SEE THEM GROUPED TOGETHER BECAUSE THEY ARE GROUPED TOGETHER.

BUT BECAUSE THEY'RE SO INTERTWINED AND THEY'RE UP AT A CERTAIN HEIGHT, WE WOULD COUNT THOSE AS ONE TREE AS OPPOSED TO FOUR INDIVIDUAL TREES.

>> MY LIST TWO.

>> IT SAYS HERE THAT YOU BELIEVE YOU CAN SAVE IT BY SHIFTING THE LOT NORTH AND TURNING ITS ORIENTATION FROM NORTH SOUTH TO EAST WEST, IS THAT CORRECT?

>> I'LL KEEP THAT ON MY LIST.

NEXT, WE CAN START AT 4144, WHICH WAS BEHIND A HOME 30 INCH, AND YOU BELIEVE THAT IT'S THE GAS WALL EASEMENT?

>> BUT THAT'S TO BE SAVED.

>> VERY GOOD,4163 AND 4238.

YOU'VE MENTIONED THAT THOSE TWO GO TOGETHER?

>> YOU MENTIONED HERE THAT THE SIDE YARD EXCEPTION WILL HELP.

>> ON THAT BLOCK.

I'LL JUST JUMP AHEAD TO THAT QUICKLY.

THE SIDE YARD EXCEPTION ACROSS THE ENTIRE DEVELOPMENT, I THINK PZ GOT IT RIGHT.

BUT THE SIDE YARD EXCEPTION IN THE SERVICE OF PRESERVING SPECIFIC ENVIRONMENTAL FEATURES,

[03:55:04]

OF COURSE, I WANT YOU TO MOVE THE HOUSE LEFT OR RIGHT IN ORDER TO SAVE A TREE OR TWO.

I DON'T KNOW IF WE'LL NEED TO ADDRESS THAT AGAIN LATER, BUT IF YOU HAVE SPECIFIC LOTS THAT NEED THAT EXCEPTION TO SAVE A TREE, 100%, NO PROBLEM.

BUT ACROSS THE ENTIRE BECAUSE I'M JUST WORRIED THAT IF WE DO IT ACROSS THE ENTIRE NEIGHBORHOOD, WE'RE JUST GOING TO WIND UP WITH WIDER HOUSES EVERYWHERE.

THAT'S WHAT I WANT TO AVOID.

I WANT YOU TO TELL ME WHICH LOTS YOU NEED IT TO SAVE WHICH TREES AND THEN THAT'S NOT A PROBLEM.

I KNOW THAT WE MAY HAVE TO HAVE THIS CONVERSATION DOWN THE ROAD, BUT YOU HAVE MY ASSURANCE THAT I WILL SUPPORT YOU ON THAT.

>> THE IDEA HERE IS, I THINK I LOOKED AT THOSE, BASICALLY, THEY WORK TOGETHER.

FOR INSTANCE, IF YOU HAVE A TREE HERE, YOU WANT TO FIGURE OUT, FOR TAKING THAT ONE, AND WE'RE TRYING TO PRESERVE THIS ONE.

WE'RE ALSO TRYING TO MANAGE HOW WE HANDLE THIS ONE.

BASICALLY, WE'VE GOT A GAS WELL HERE IS JUST THERE.

WE DON'T WANT IT IN OUR CREDITED OPS WE DON'T WANT IT IN THE LOT, BUT WE WANT IT SET ASIDE.

WE KNOW WHERE IT IS, STAFF CAN LOOK AT IT, THEY CAN GO CHECK IT IF THEY EVER NEED TO.

WE CAN SHIFT THIS UP, THAT ALLOWS US TO DO IS, THAT PUTS THESE TWO INTO PLAY.

I DON'T THINK THIS ONE CAN BE SAVED.

BUT THEN BY SHIFTING THESE UP, YOU'RE NOW LOOKING AT, WE'RE ALREADY PLANNING TO REMOVE THESE TWO, CAN WE SHIFT THIS ENTIRE ROAD UP BY DOING THAT.

IT'S ALSO A SITUATION WHERE IF WE CAN MOVE THIS UP AND NOT FLUTE THIS OUT SO MUCH, WE CAN PUSH THIS LOT BACK, REFROT IT SO THAT IT'S FRONTING NORTH AS OPPOSED TO EAST, AND WE CAN RECITE THE HOME. DOES THAT MAKE SENSE?

>> YEAH, IT MAKES SENSE, BUT WE CAN'T I DON'T THINK WE CAN REDESIGN THAT IN THIS MEETING?

>> WHICH IS WHY IF WE WANT TO JUST SAY, HEY, LET'S APPLY THAT EXEMPTION TO THIS BLOCK HERE, THAT HELPS US MOVE SOME OF THAT STUFF AROUND AT RECORD PLATT.

>> THE SIDE YARD SETBACK FOR THESE SPECIFIC HOMES.

IF WE MAKE A MOTION, WHICH HOMES DOES THAT APPLY TO?

>> THE PROBLEM IS GOING TO BE THAT THE BLOCK AND LOT NUMBERS.

THESE ARE PRELIMINARY BECAUSE IT'S AT A CONCEPT PLAN, SO WE GOT TO BE CAREFUL WITH THAT BECAUSE WHEN WE COME IN WITH A RECORD PLAT, IT MAY HAVE A DIFFERENT STREET NAME LOT AND BLOCK NUMBER.

>> CAN WE BE GENERAL WITH IT AND JUST SAY IF WE ALLOW THE SIDE YARD SETBACK AND IT PRESERVES ADDITIONAL TREES ALLOWED?

>> THE OTHER OPTION IS IS THAT YOU'RE TRYING TO GET 50 FOOT BETWEEN TWO HOMES, BUT IT'S GOING TO DRIVE STAFF BATTY YOU'RE TRYING TO DO SIDE YARD SET BY 25 AND 25 AND THEY'RE IN THE TWO LOTS NEXT TO EACH OTHER AND YOU'RE TRYING TO GET A TOTAL OF 50 FEET BETWEEN TWO HOMES.

NOW ALL OF A SUDDEN STAFF HAS TO OPEN UP A BINDER FOR EVERY BUILDING PERMIT THAT COMES IN IS LIKE, OKAY, WHICH LOT IS THIS AND YOU'VE GOT TO FOLLOW THAT ALL THE WAY THROUGH THE PROCESS.

IT MAKES IT VERY DIFFICULT FOR THEM.

TO YOUR POINT, CAN WE DO IT WHERE LET'S REDUCE IT TO A DIFFERENT NUMBER AND THEN WE TRY TO KEEP SO MUCH SPACE IN BETWEEN TWO HOMES.

THAT MIGHT BE THE EASIER WAY TO DO THAT.

>> COULD WE ALSO LIMIT THE WIDTH OF A HOME?

>> MOST OF THESE THESE ARE BY 100 PADS, I BELIEVE.

THAT'S TYPICALLY WHAT WE PUT OUT HERE SO THAT WE CAN MAKE SURE THE ARTICULATIONS AND EVERYTHING WORK. DOES THAT MAKE SENSE?

>> WHAT I'M GETTING AT IS, THIS IS GOING TO BE MORE DIFFICULT FOR STAFF THAN IT WILL BE FOR US.

BECAUSE AT THE END OF THE DAY, WHEN IT COMES INTO THE SYSTEM, THEY'RE LIKE, OH, THIS IS BOB SMITH, IT'S DIFFERENT THAN ALL THE OTHERS.

IT'S LIKE, OH, MY GOD, WHAT DO WE DO?

>> WELL, I'M THINKING YOU MIGHT NEED ANOTHER.

>> CAN WE HAVE SOMEONE FROM STAFF COMMENT ON THAT TO SEE HOW MUCH MORE DIFFICULT THEY THINK IT MIGHT BE AND IF THEY HAVE A DIFFERENT SUGGESTION TO GET TO THE SAME END.

>> YES, IT'S MORE LIKELY FOR YOU TO HAVE SOMETHING THAT GETS MISSED WHENEVER YOU'RE CREATING A VERY UNUSUAL STANDARD THAT'S SPECIFIC TO ONE SUBDIVISION.

THEN MAYBE NOT SO MUCH ON THE SFD PERMIT.

ALTHOUGH, I GUESS THE SIDE DOOR, IT WOULD JUST BE FIVE FEET AS LONG AS THEY WERE BEHIND THE HOUSE, SO MAYBE THAT'S NOT AS BIG A DEAL.

SORRY, I WAS THINKING IF PEOPLE WANTED TO DO STUFF AFTER THE FACT, BUT THAT WOULD HAVE A DIFFERENT SETBACK FROM THE PRIMARY STRUCTURE, SO NEVER MIND. THAT WOULD PROBABLY BE FINE.

BUT IT IS MORE COMPLICATED WHEN IF YOU ARE TRYING TO CREATE A SPECIAL STANDARD OR IF YOU'RE TRYING TO SAY WITHIN A CERTAIN BLOCK OF THE SUBDIVISION, I WANT YOU TO REMEMBER TO DO SOMETHING DIFFERENTLY HERE.

YOU JUST RUN THE RISK OF SOMETHING BEING OVERLOOKED.

[04:00:01]

I THINK WHENEVER YOU CARVE OUT LIKE SPECIAL RULES FOR EVEN CERTAIN AREAS OF ONE SUBDIVISION, THAT IS A POSSIBILITY.

BUT I THINK ANY OF THESE CAN WORK, SO IT'S OF COURSE, WHATEVER COUNSEL PREFERS.

IF YOU WANTED TO DO SOMETHING, YOU HAVE TO HAVE AT LEAST 50 FEET BETWEEN THE HOME.

YES, WE CAN DO THAT.

IF YOU WANTED TO JUST DO I TALKED ABOUT EARLIER, 20 FEET IS THE NORMAL SETBACK FOR AN ACRE LOT.

IF YOU ALL WERE COMFORTABLE WITH THAT, YOU COULD DO THAT.

IF YOU WANT TO IDENTIFY A CERTAIN BLOCK OR AREA THAT YOU WANT TO HAVE SPECIAL CONSIDERATIONS IN, THAT'S DOABLE ALSO.

HONESTLY, THAT ONE'S PROBABLY I WOULD THINK WOULD HAVE THE MOST OPPORTUNITY FOR MISTAKES IF YOU'RE TRYING TO CREATE SPECIAL CONDITIONS FOR A SPECIFIC PART OF A SUBDIVISION.

IF I'M PICKING MY LEAST FAVORITE, I THINK IT WOULD BE THAT ONE.

>> WHAT ABOUT THE WORDING LETSON CONSISTENT WITH WHAT I THINK I HEARD COUNSELMAN DREW SAY ABOUT THE EXCEPTION TO THE SIDE YARD WOULD BE ALLOWABLE IN ORDER TO PRESERVE A TREE.

WOULD THAT LANGUAGE MAKE IT DIFFICULT FOR Y'ALL OR WOULD THAT BE DOABLE?

>> COULD YOU LIMIT IT TO FREEZE OVER 30 "?

>> YES. CERTAINLY.

>> YOU CAN CAN DO ALL THE STUFF.

YOU'RE JUST CREATING LAYERS OF THINGS THAT PEOPLE WILL HAVE TO REMEMBER AND RESEARCH AND ENSURE THAT THEY'RE COMPLYING WITH.

>> IT'S TOO HARD, EXTREMELY HARD, IMPOSSIBLE?

>> I THINK I WOULD RATHER YOU GO WITH DO SOMETHING FOR THE WHOLE NEIGHBORHOOD.

THEN IT'S A STANDARD FOR THAT NEIGHBORHOOD AS OPPOSED TO TRYING TO OH, WAIT.

DID WE LOOK AT THIS HOUSE TO SEE IF THERE WAS A TREE THERE? WELL, WHAT SIZE TREE WAS IT? WELL, WAS IT ON THAT? WELL, HAS IT GOTTEN BIGGER NOW? THERE CAN BE A LOT OF NUANCE TO THAT.

>> WELL, THANK YOU FOR TRYING TO GIVE ME THE INPUT BECAUSE I THINK YOU WOULD BE THE ONES THAT WOULD HAVE TO DO IT, SO IT'S IMPORTANT TO HEAR WHAT YOUR THOUGHTS ARE. THANK YOU.

>> MY WIFE'S A CITY PLANNER, SO I KNOW WHAT IF SHE'S WATCHING I KNOW EXACTLY WHAT'S GOING THROUGH HER MIND.

>> POINT TAKEN, MIKE, ABOUT THE COMPLEXITY, AND I'LL TRY TO KEEP THINGS SIMPLE.

GOING BACK TO THIS LIST OF 12 TREES, WE ELIMINATED 6381.

WERE THERE ANY OTHERS THAT YOU FELT STILL NEED TO BE REMOVED DESPITE THE SIZE AND AGE AND EVERYTHING ELSE.

THERE ARE A COUPLE YOU SAID WERE IN BAD CONDITION? YES.

>> I THINK 6440 COULD BE SAVED AND 6415.

THAT ONE WAS WEIGHING THAT ONE BETWEEN 6047, WHICH WAS A 46 INCH POSTO WE WERE TRYING TO SAVE.

>> 6415 ALLOWS YOU TO SAVE A 46 INCH POSTO, IS THAT RIGHT?

>> RIGHT. BUT AGAIN, YOU WANT TO GO TO THE NEXT LAYER AND MAKE SURE THAT IT IS TRULY HEALTHY THAT IT CAN WITHSTAND BECAUSE OTHERWISE, AS I DESCRIBED EARLIER, YOU'RE GOING TO BE LOOKING AT THIS.

AGAIN, AS YOU START AT THE TOP, THINGS ARE GOING TO CHANGE OVER 10 YEARS COMING FROM THE TOP OF THE PAGE TO THE BOTTOM OF THE PAGE, SO YOU WANT TO BUILD A LEVEL OF ROBUSTNESS IN THERE SO THAT AS TREES GET LARGER AND LARGER, YOU'RE PROVIDING FOR THEIR HEALTH AND LONGEVITY AS WELL.

>> I'M STILL CONFUSED. OF THE 12 TREES, DID YOU WANT TO REMOVE DID YOU WANT TO KEEP YOUR REMOVAL PERMIT FOR 6415?

>> NO, I THINK WE CAN SAVE THAT.

>> SO THE ONLY ONE YOU'RE TAKING OFF IS 6381 BASED ON IT BEING IN DECLINING CONDITION?

>> I KNOW THERE'S MORE TREES TO DISCUSS.

I THINK THAT I CAN ACCEPT THE SETBACK EXCEPTION SO LONG AS IT'S USED IN THE SERVICE OF SAVING THESE TREES TO GIVE YOU THAT FLEXIBILITY, WHAT I'M LOOKING FOR YOU NOT TO DO IS MAKE THE HOUSES WIDER SO THAT THEY'RE 150 FEET WIDE BUT GIVING YOU MORE ROOM TO WORK WITHIN THE LOT.

WHATEVER WE NEED TO DO TO CAPTURE THAT MAYBE A MAXIMUM WITH, I KNOW SOME LOTS ARE BIGGER THAN OTHERS SO YOU CAN HAVE A WIDER HOUSE.

>> REMEMBER, YOU ALSO HAVE A MAXIMUM COVERAGE, WHICH IS THE 25%.

WE HAVEN'T ASKED FOR ANY [INAUDIBLE]

>> THAT'S TRUE OKAY.

>> I'M NOT SURE HOW THAT WORKS WITH ACCESSORY STRUCTURES,

[04:05:02]

NOT TO BE CONFUSED WITH THE OTHER ONE, THE DIRTY WORD ONE.

BUT THAT'S OUT THERE, AND THAT'S WHAT'S GOING TO CONTROL THAT FOOTPRINT.

>> ELEVEN OUT OF 12 TREES AND I CAN SUPPORT THE SETBACK EXCEPTION. THANK YOU.

>> I JUST SEND YOU A LONG LIST, MIKE LAST WEEK.

YOU WANT TO GO DOWN IT? OR DO YOU HAVE SOME INPUT ON SOME OF THOSE TREES?

>> WE'RE GOING TO WE'RE GOING TO GO THROUGH THE SAME PROCESS.

AGAIN, OVER TIME, THE TREES THAT ARE SMALLER THAT AREN'T EVEN SIX INCHES ARE GOING TO GROW.

WE'RE GOING TO TOUCH THIS AGAIN AND AGAIN AT EACH RECORD PLAT.

THEN WITH EACH RECORD PLAT, STAFF IS GOING TO REEVALUATE THE SPECIMEN, AND WE WANT TO BE ABLE TO ALLOW THAT TO HAPPEN OVER TIME.

I THINK TO GET REALLY TO MIRED INTO 70 SOME ODD TREES THAT AGAIN, WE'RE STARTING AT THE NORTH END AND IN 10 YEARS, WE'LL BE AT THE SOUTH END, SOME OF THOSE TREES ARE GOING TO HAVE DIED THROUGH NATURAL CAUSE, AND OTHERS ARE GOING TO COME UP AND REPLACE THEM.

I DON'T WANT TO GET TOO MIRED INTO SPECIFIC TREE NUMBERS NOW, I WOULD RATHER COME UP WITH THE TOOLS AND THE PRACTICAL, THIS IS HOW WE'RE GOING TO DO IT.

THE NEXT STEP WILL BE THE RECORD PLAT, WHERE WE WILL RETOUCH THE WHOLE THING FOR PHASE ONE AGAIN.

WE'LL GO IN AND DO LEMMING UP THE TREES, WHICH IS TYPICALLY WHAT WE DO.

WE'LL GET IN THERE AND DO TOMOGRAPHY ON THOSE TREES, WE'LL DOUBLE CHECK THEM.

IF WE START NOTICING TREES SPLITTING, WE'VE GOT CABLE AND BUCKLING SYSTEMS THAT WE CAN WORK ON WITH STAFF TO DO THAT AS WELL.

IT WOULD BE FOR ME MORE HELPFUL IF YOU WOULD FOCUS ON THE PROCESS AND NOT ON A PARTICULAR TREE BECAUSE IT WILL GEEK OUT HERE ALL NIGHT AND WE'LL NEVER GET ANYWHERE.

I WOULD BE MORE INCLINED TO DISCUSS THE PROCESS WITH YOU AND I THINK THAT'S MORE BENEFICIAL IN THE LONG TERM OVER THE NEXT 10 YEARS BECAUSE WE DON'T WANT TO MAKE A DECISION ABOUT A TREE THAT'S EIGHT INCHES RIGHT NOW BECAUSE IN A FEW YEARS AS IT GROWS UP AND GROWS UP AND GROWS UP, AND AS WE START MANICURING AND GET ARBORISTS IN THERE, FOR INSTANCE, IN TOWN LIKE WE'VE ALREADY SENT AN ARBORIST IN THERE ONCE AND THEY CLEANED EVERYTHING UP.

THAT'S GOING TO HELP PRUNE THE TREE AND GIVE IT ITS BEST SUCCESS CHANCE OVER TIME.

IT'S ALSO GOING TO GIVE IT THE CHANCE TO SURVIVE IN THE FUTURE.

WHICH IS LIKE WHEN GRANDMA PRUNED HER PEAR TREES AND HER PEACH TREES.

YOU'VE GOT TO ACT AS AN AGRONOMIST AND MANAGE THAT.

DOES THAT MAKE SENSE TO YOU? I'M TRYING TO ANSWER YOUR QUESTION WITHOUT GETTING TOO INTO THE DETAILS.

>> IT DOES, BUT THEN WHY WOULD WE REQUEST A TREE REMOVAL PERMIT NOW?

>> BECAUSE IT IS PART OF THE PROCESS.

WE'RE TALKING ABOUT THE LARGEST ONES.

>> I'D LIKE TO UNDERSTAND WHY SOME OF THESE CAN'T BE SAVED.

>> YOU'RE LOOKING AT 70 SOME ODD TREES OF MEMORY SERVES.

I'M NOT MENTALLY PREPARED TO GO THROUGH 70 TREES TONIGHT BECAUSE WE'VE HAD A GUY OUT THERE TODAY JUST LOOKING AT A HANDFUL OF THEM TO TRY AND DIGEST AND WHAT WE FOUND IS TWO OF THEM ARE IN DECLINING HEALTH.

WE WANT TO BE CAREFUL THAT THIS IS A BASELINE THAT WE'RE SETTING FOR THESE 129.

WHEN WE COME BACK WITH THE RECORD PLAT, WE WILL TOUCH THESE AGAIN, WE WILL LOOK AT THEM AGAIN, WE'LL DO MORE CRITICAL DETAIL ANALYSIS OF THEM AS WELL AS OTHER TREES, AND HOPEFULLY, WHAT HAPPENED IN TOWN LAKE WILL HAPPEN HERE.

THE TREES THAT ARE SMALL IN SIZE WILL GROW UP TO BE PROTECTED, AND THEN AS TIME PASSES, THE ONES THAT ARE PROTECTED WILL GROW UP TO BE SPECIMEN.

IN MY MIND, WHAT WE ARE SETTING UP HERE IS A BASELINE.

>> CAN WE GO THROUGH SOME OF THE BIGGER ONES THAT I'VE GOT ON THIS LIST?

>> SURE, SO 4191, 4196.

I HAVE NO IDEA WHERE THOSE ARE.

>> IT'S ON THE NORTH SIDE, SO IT'S THE SLIDE UP.

>> 4196, RIGHT THERE?

>> WHY IS THAT ONE BEING REMOVED?

>> THAT IS THE MOST LIKELY IN THE BAR DITCH.

YES, THE PAD CAN BE SLID UP.

AT THE END OF THE DAY, THIS ONE WILL MOST LIKELY HAVE BAR DITCH COMING DOWN THROUGH IT LIKE SO, AND THAT'S THE MOST LIKELY REASON THAT WE REMOVED THAT ONE.

>> NINETY ONE.

[04:10:15]

>> WHICH ONE DID YOU ASK ABOUT?

>> NINETY ONE.

>> CHRIS, THAT ONE'S MENTIONED AS BEING IN POOR CONDITION ON THE SURVEY?

>> IF POSSIBLE, ALSO, UNDERSTAND THE GRANULAR DETAIL.

ON TOP OF THE TREE NUMBER, AND WE'VE CAPTURED DATA FOR ITS SIZE, IT'S CANOPY APPROXIMATED.

WE ALSO HAVE NOTES ON WHERE IT SITS ON CONTEXTUALLY BY ITSELF IN A GROVE.

THEN WE ALSO HAVE IT RATED.

THEY ASSIGN CERTAIN NOMENCLATURE TO IT LIKE CD IS CANOPY DECLINE, UNCORRECTED LIEN IS ANOTHER ONE, LS.

I CAN'T REMEMBER THEM ALL, BUT THEY JUST ADD THESE NOTES AND THEN THOSE ARE ALSO SUPPORTED BY FIELD NOTES.

FOR INSTANCE, THIS WOULD BE KIND OF THE FIELD NOTES THAT WOULD BE TAKEN ON EACH OF THE TREES.

>> WHAT ABOUT 6037? THAT'S THE 40 INCH. IT'S ON THE NEXT PAGE, I BELIEVE.

I THINK IT'S A FAIR CONDITION, BUT IT'S A 40 INCH TREE.

YOU JUST PASSED IT DOWN TO THE LEFT.

A LITTLE FURTHER, THERE.

THAT'S THE LARGEST TREE WE'RE CUTTING DOWN.

>> YEAH.

>> IS THERE ANY WAY TO SAVE THAT TREE?

>> THE PAD IS ALREADY PUSHED UP AGAINST THE FRONT BUILD LINE, WHICH IS 40 FOOT.

THAT BUILD LINE IS 40 FOOT FROM THE EDGE OF THIS RIGHT AWAY LINE HERE TO THE FRONT OF THAT PAD.

I WOULD IMAGINE IF IT'S IN FAIR CONDITION, THEY PROBABLY MADE THE DECISION THAT THESE TWO WERE IN BETTER SHAPE.

I WOULD ALSO THINK THAT THEY'RE TRYING TO GET DRAINAGE BACK, AGAIN, WE HAVE TO DRAIN THINGS EITHER TO A RIGHT AWAY WHERE THERE'S A BAR DITCH OR TO AN OPEN SPACE.

[NOISE] IT'S A SYSTEM THAT'S FLAWED.

I UNDERSTAND THAT BECAUSE IT INVOLVES HUMANS.

BUT YOU'RE LOOKING AT THE ENGINEERED SOLUTION HERE, WHERE THE ARBORIST, THE LANDSCAPE ARCHITECT, THE ENGINEER, AND THE LAND PLANNER.

>> [INAUDIBLE].

>> SPEND A LOT OF TIME AND THEY WANT TO MAKE SURE THAT YOU'RE WEIGHING NOT JUST X, Y, AND Z.

FOR INSTANCE, ONE OF THE TREES HAS FOUR FOOT OF FALL FROM ONE SIDE OF ITS CANOPY TO THE OTHER.

WE HAVE TO MANAGE THAT WITH THE RETAINING WALL.

WE ALSO HAVE TO MANAGE THAT WITH A LOT GRADING.

THAT WAS ONE OF THE TREES THAT YOU HAD ASKED ABOUT.

IT'S ALSO TRYING TO UNDERSTAND GENERALLY WHERE DRAINAGE IS GOING FROM THE OUTER PERIMETERS INWARD, JUST AS CLAYTON WAS DISCUSSING.

WE WANT TO BE ABLE TO GET THAT TO THE RIGHT LOCATION AT THE RIGHT TIME.

>> THE LAST ONE I'VE GOT 6213.

IT'S PROBABLY THE LAST SLIDE.

IT'S AT THE BOTTOM OF THE DEVELOPMENT.

>> WAIT A MINUTE. RIGHT BEFORE THE FLOODPLAIN.

>> SIXTY TWO.

THAT'S ONE OF THE ONES THAT HE ALSO ASKED ABOUT.

THERE'S GOING TO BE EFFORT. WE'RE GOING TO TRY TO SHIFT THAT CUL-DE-SAC OVER AND SAVE THAT ONE.

>> YEAH. ALL RIGHT.

>> IT'S RIGHT HERE.

WE SPENT A LOT OF TIME ON THIS ONE TODAY, AND THAT'S A TOUGH ONE TO SAVE.

LARGELY BECAUSE EVERYTHING'S SLOPING THAT WAY TOWARDS THE FEMA.

THERE'S THE FEMA LINE, AND WE WANT TO GET IN AND DO A DETAILED TOPO SURVEY AS WELL AS A FLOOD STUDY TO SEE WHERE ALL THIS REALLY IS.

THIS IS WHERE FEMA CURRENTLY SHOWS IT BASED ON AERIAL TOPOGRAPHY.

BUT WE WANT TO DO ON THE GROUND TOPO.

BASICALLY, WE WERE TRYING TO SAVE THESE HERE.

THERE WAS ANOTHER ONE RIGHT HERE.

WE WERE ALSO TRYING TO SAVE THESE BECAUSE THESE ARE ACTUALLY REALLY NICE TOGETHER.

AT SOME POINT, THOUGH, WE NEED DRAINAGE TO GO TO THE FLOODPLAIN.

>> YOU'RE TRYING TO COMPROMISE? DO YOU HAVE A LIST?

[04:15:01]

>> I HAVE MINE.

THE LAST ONE WAS 6213, IS THAT RIGHT?

>> YEAH.

>> I DID NOT HAVE THAT ON MY LIST.

BUT IT'S ON HERE NOW.

AND THEN I THINK 6037 AND 4191, WE DID NOT DECIDE TO MOVE FORWARD WITH THOSE, IS THAT CORRECT?

>> YEAH. NO.

>> SO WE'LL LEAVE THOSE OFF. GOT IT.

>> AGAIN, I THINK PROCESS IT'S LIKE I TELL PEOPLE WITH BUDGETS.

ONCE I SET THE BUDGET, THAT'S THE MOST LIKELY OUTCOME NOT TO OCCUR.

BUT THE PROCESS OF BUDGETING IS ABSOLUTELY SACROSANCT.

IT'S THE SAME THING WITH WAR PLANNING.

EISENHOWER SAID ONCE THE FIRST [INAUDIBLE] OF THE PLANS BUT THE PLANNING IS SACROSANCT, AND THAT'S WHY I WANT TO BE VERY CAREFUL THAT I'M NOT SPEAKING TODAY FOR TREE 6082.

SOMETHING MAY HAPPEN. WE MAY FIND OUT THAT THE FLOODPLAIN IS NOT WHERE FEMA HAS A MAP.

WE MAY FIND OUT THAT IT GROWS LARGER, WE MAY FIND THAT IT'S MORE BENEFICIAL BECAUSE OF DAMAGE TO IT, LET'S TAKE IT OUT SO THAT ONE OF THE YOUNG ADOLESCENTS CAN CONTINUE TO GROW.

WE'VE REQUESTED, I THINK, LIKE NINE TREES IN TOWNE LAKE AT MEMORY SERVES.

I THINK WE ENDED UP SAVING THREE OF THEM THAT WERE REQUESTED MEMORY SERVES.

I THINK THAT'S RIGHT, TWO OR THREE.

I MAY HAVE MISSED SOMEBODY'S SLIDE UP HERE.

[LAUGHTER] I'VE MOVED SOME STUFF AROUND.

I HAD TO ZOOM IN. THERE WE GO. LOVE THE ZOOM BUTTON.

>> ARE YOU READY TO MAKE A MOTION ON THIS, OR ARE YOU STILL DELIBERATING?

>> I JUST WANTED YOU TO ADDRESS WALSINGHAM AND THE ENTRANCE AND HOW IT'S GOING TO BE ALIGNED WITH SCENIC. CAN YOU DO THAT?

>> [LAUGHTER] THAT'S GOING TO BE AS I'VE TOLD BRONZE BEFORE.

FRANKLY, WE HAD A CONVERSATION AGAIN ABOUT IT FRIDAY.

I THINK PARK STAFF WAS TRYING TO FLIP THE SIDEWALK FROM WHAT WE THOUGHT WAS THE NORTH SIDE TO THE SOUTH SIDE, WHICH WE KNEW HE DIDN'T LIKE.

IT WAS ALSO NOT WHAT WE HAD APPROVED PLANS FOR, AND WE WERE LIKE, WAIT A MINUTE, TIME OUT, THIS DOESN'T SET THIS UP FOR FUTURE SUCCESS.

THAT'S GOING TO BE SOMETHING THAT WE HAVE TO WORK THROUGH VERY QUICKLY BECAUSE THAT'S GOING TO BE ONE OF OUR TWO POINTS OF ACCESS FOR OUR FIRST PHASE.

TO CLAYTON AND TIFFANY'S POINT, WE NEED A DETAILED TOPO SURVEY.

WE NEED A DETAILED BOUNDARY SURVEY, NOT JUST OF HIS PROPERTY.

THERE'S SEVERAL PARTIES HERE INVOLVED, THE TOWN, JASON AND BRONZE AS WELL, AND THE SMITH FAMILY AS THAT MOVES FORWARD.

BUT AT THE SAME TIME, WE ALSO HAVE TO GET A TREE SURVEY.

WE'VE GOT TO LOOK AT THOSE TREES, SEE WHICH ONES, WE GOT TO SEE WHERE THE FENCE LINE IS.

THAT'S ANOTHER THING THAT WE CHECK TREES FOR.

DID SOMEBODY WRAP A BARBED WIRE FENCE AROUND THE TREE? THAT'S MECHANICAL DAMAGE THAT WILL IMPEDE THAT TREE FROM BEING SAFE IN THE FUTURE.

LONG AND SHORT, WE NEED TO GO THROUGH AND DO THAT ASSESSMENT ALL ALONG HIS FRONT.

IT'S THE SAME ASSESSMENT THAT WE DID WHERE SCENIC GOES NORTH TO 1171.

THE SAME ASSESSMENT WE WOULD DO ANYWHERE ELSE.

I MEAN, EVEN COUNTY ROAD 180 AND CEDAR PARK THAT I'M WORKING ON.

WE'RE GOING TO DO THE SAME LEVEL OF RESEARCH THAT GOES INTO THAT WHERE WE UNDERSTAND WHAT FRANCHISES ARE THERE.

WE'RE GOING TO HAVE TO UNDERSTAND THE BOUNDARY LINES.

THERE'S A GAS LINE ON HIS PROPERTY THAT WE'D LIKE TO SEE EAGLE RIDGE ABANDON.

THEY'VE DONE IT BEFORE. THEY'RE NOT USING IT ANYMORE.

WHY WOULD THEY KEEP IT? AT THE SAME TIME, YOU'VE GOT TO GET DATA SO THAT YOU CAN ADDRESS THOSE CONCERNS.

AS FAR AS WHETHER THAT ROAD GETS SHIFTED TO THE NORTH 10 FEET OR NOT, WHETHER WE'RE ABLE TO WIGGLE AND PUT CURVILINEAR ACTION IN THAT SIDEWALK TO AVOID TREES, I'M GAME FOR ANYTHING.

I KNOW THAT IN THE PAST, THE PLAN WAS TO HAVE 12 FOOT TRAIL ALL THE WAY UP BECAUSE IT'S CURRENTLY ONLY EIGHT FOOT.

IF THE EIGHT FOOT VERSUS THE 12 FOOT ALLOWS US TO SAVE A TREE, I WOULD SAY WE CAN NARROW IT DOWN AND MAKE THAT WORK.

BUT AGAIN, WE NEED THE DATA TO START WITH BEFORE WE START DRAWING LINES.

>> I UNDERSTAND THAT THERE'S A PROCESS TO BE FOLLOWED.

I'M LOOKING TO NOT ENCUMBER THAT PROPERTY OWNER, AND WE DON'T WANT TO ACQUIRE EXCESSIVE RIGHT AWAY, SO LET'S TRY TO ALIGN THE ENTRANCE WITH THE EXISTING ROAD IN THE BEST POSSIBLE WAY.

I KNOW WE CAN'T COMMIT TO THAT AT THIS POINT.

>> ABSOLUTELY.

>> I DON'T HAVE ANY MORE QUESTIONS, MAYOR.

>> BRONZE HAS MY WORD THAT WE WILL BE TALKING TO HIM VERY SOON BECAUSE WE NEED TO GET ON HIS PROPERTY TO DO THAT SURVEY WORK.

>> HE HAS COME FORWARD SO MANY TIMES.

>> HE'S GOT MY CELL PHONE. HE'S PROBABLY ALREADY TEXTED ME.

[04:20:03]

>> HIS LEGITIMATE CONCERNS.

[LAUGHTER]

>> DOES ANYBODY ELSE HAVE ANY POINTS THEY WANT TO MAKE?

>> I JUST HAVE A QUICK COMMENT. THANKS, CHERYL.

I WANT TO THANK MY FELLOW COUNCIL PEOPLE FOR ALL THE HARD WORK YOU PUT INTO THIS TREE SURVEY.

THERE WAS A TIME ONCE WHEN I WAS THE ONLY ONE WHO LOOKED AT INDIVIDUAL TREES, AND I'M SO HAPPY TO SEE THAT I'M NOT THE ONLY ONE ANYMORE.

ON THE SAME NOTE, I WANT TO THANK YOU MIKE BECAUSE YOU'VE BEEN VERY PATIENT WITH US.

I THINK THAT SPEAKS TO THE COMMITMENT YOU HAVE TO COLLABORATING WITH THE TOWN.

I DON'T THINK ANYONE'S LOOKING TO NECESSARILY KILL A ZONING REQUEST OVER ONE TREE, BUT I THINK THIS WAS A GREAT OPPORTUNITY AND YOU STEPPED UP AND YOU WORKED WITH US TO ADDRESS OUR CONCERNS BECAUSE WHAT WE ARE CONCERNED ABOUT REFLECTS WHAT OUR RESIDENTS ARE CONCERNED ABOUT AND I KNOW YOU CARE ABOUT THAT.

I WANTED TO ADD MY THANKS TO COUNCIL AND TO MIKE. THAT'S IT.

>> IF I CAN ADD ONE OTHER THING, I DON'T KNOW IF Y'ALL KNOW THIS, BUT YOU HAVE AN ECC MEMBER WHO ACTUALLY VOTED AGAINST US, AND SHE DIDN'T GET UP TO SPEAK AGAINST US.

SHE HAS A LIST OF THESE TREES, TOO.

I TOOK A PICTURE OF IT AT THE MEETING AFTER THE VOTE WENT DOWN, AND I TOLD HER WE'RE GOING TO BE LOOKING AT THOSE AS WE MOVE FORWARD.

THAT'S JUST WHAT WE DO. WE'VE STILL GOT THE LIST. ARE YOU WITH IT?

>> [INAUDIBLE].

>> YOU CAN. [LAUGHTER] BUT WITH THAT SAID, I APPRECIATE THAT SHE'S BEEN TO ALL OF THESE MEETINGS.

SHE WAS AT THE P&Z MEETING AND SHE WAS HERE AS WELL TONIGHT AND SHE HASN'T GOTTEN UP TO SPEAK.

BUT I APPRECIATE HER HARD WORK BECAUSE I THINK SHE SAID ROUGHLY RIGHT THERE, AND SHE SAID, IF I'M GOING TO BE ON THIS BOARD, I'M GOING TO DO MY DAMN JOB.

I APPRECIATE THAT. THAT'S INTEGRITY, AND LIKE I SAID, HER AND HER HUSBAND HAVE BOTH BEEN HERE, SO I APPRECIATE THAT.

>> I'LL GO FOR ALL IN.

ALREADY PROVIDED HER COMMENTS. I'LL GIVE MINE NOW.

SO MR. MILBURN CAME UP DURING PUBLIC COMMENT AND HE CAPTURED MY SENTIMENT, WHICH IS, IT'S TRAGIC TO SEE THESE RANCHES CONVERT INTO NEIGHBORHOODS.

WE LOVE THE OPEN SPACES MORE THAN ANYTHING IN THIS TOWN.

BUT THERE WAS A P&Z MEMBER OF THE PUBLIC WHO SAID THAT YOU HAVE A BUYER WHO WANTS TO BUY AND A SELLER WHO WANTS TO SELL.

THERE'S THAT, BUT YOU ALSO LOOKING FOR THE PERFECT SOLUTION THAT WORKS FOR EVERYONE.

THERE IS NO PERFECT SOLUTION BECAUSE WE ALL HAVE DIFFERENT OPINIONS.

A COUPLE OF YEARS AGO, I HAD A MEETING WITH CHARLIE CUMMINGS AND HE'S GOT A BIG RANCH THAT HE WANTED TO DEVELOP UNDER THE THEN CLUSTER ORDINANCE, AND HE SAID, WHAT DO I NEED TO DO TO GET THIS APPROVED? AND I SAID, CHARLIE, BRING ME A PROPOSAL THAT HAS ONE RESIDENCE PER TWO ACRES.

THAT'S HOW YOU GET APPROVED.

WE STILL HAVEN'T SEEN THAT FROM HIM, BUT WE SEE IT TODAY.

WHAT WE DID IS WE REVISED THE CLUSTER ORDINANCE BECAUSE WE WEREN'T VERY HAPPY WITH WHAT WE WERE GETTING.

WE TWO YEARS AGO, DID A BIG OUTREACH TO THE COMMUNITY TO FIND OUT IF THESE PROPERTIES ARE GOING TO DEVELOP, WHAT DO YOU WANT TO SEE THAT YOU CAN LIVE WITH AND IT WAS REDUCING THE DENSITY FROM ONE RESIDENCE PER 1.6 ACRES TO ONE RESIDENCE PER TWO ACRES.

IT WAS INCREASING SPACE BETWEEN THE HOMES, SO IT DOESN'T LOOK LIKE A TRADITIONAL NEIGHBORHOOD, IT LOOKS RURAL.

IT WAS COMBINING THE SECTIONS OF OPEN SPACE TOGETHER SO THAT YOU HAVE WILDLIFE CORRIDORS, SO YOU'RE NOT LOCKING THE WILDLIFE OUT BY CONTAINING THE OPEN SPACE AROUND A BUNCH OF HOMES.

THIS DEVELOPMENT MEETS ALL THOSE STANDARDS.

THEY DID EXACTLY WHAT WE ASKED THEM TO DO.

THERE'S 650 TREES, THAT YOU'RE CONSUMING HALF OF THE SPACE WITH HOMES, YET THEY'RE SAVING 520 OF THE TREES.

OBVIOUSLY, THE HOUSES ARE IN THE RIGHT PLACE.

THEY'RE NOT CUTTING DOWN NEARLY AS MANY TREES AS THE LAND THAT THEY'RE CONSUMING.

THE EXCEPTIONS THAT THEY'RE ASKING FOR.

I'M OPEN TO THEM AS LONG AS THEY ARE IN THE SERVICE OF PROVIDING SOME ENVIRONMENTAL BENEFIT.

THE LOT WIDTH, WE DETERMINED WE CAN SAVE 12 TREES, BIG ONES, 30-40 INCH POST OAKS BY GRANTING THAT EXCEPTION, SO THAT'S GOOD ENOUGH FOR ME.

THE OVERHEAD LINE EXCEPTION ON 1171 WILL SAVE A LARGE NUMBER OF TREES.

NORMALLY, I'D LIKE TO SEE THE POWER LINES BURIED.

THEY'RE BURYING THEM ON SHILOH, BUT THAT EXCEPTION SAVES A LARGE NUMBER OF TREES, WHICH WILL JUST LOOK BETTER FROM THE ROAD.

I THINK WE ADDRESS THE CONCERNS WITH THE CONSTRUCTION ENTRANCE AND SOME OF THE DRAINAGE AND ALL THAT, I KNOW WE CAN'T DEAL WITH THAT NOW. IT'LL COME LATER.

IT'S A HARD PILL TO SWALLOW, BUT IT'S A GOOD PROJECT.

THEY DID EXACTLY WHAT WE ASKED FOR, SO I'M READY TO VOTE IN FAVOR OF IT.

>> I CANNOT SAY ANY BETTER THAN THAT.

THE ONLY THING I WILL ADD IS, THANK YOU FOR NOT ASKING FOR A MASTER PLAN AMENDMENT.

>> THERE ARE A COUPLE OF OTHER THINGS I'D LIKE TO ADD AND I AGREE WITH EVERYTHING ADAM SAID.

I THINK THIS WILL BE A GOOD QUALITY DEVELOPMENT.

THERE WERE CONCERNS ABOUT DRAINAGE.

I THINK WE MENTIONED THAT, AND I THINK WE KNOW THAT TOWN STAFF IS GOING TO

[04:25:02]

ENSURE THAT ANY DRAINAGE OFF OF THIS PROPERTY WILL NOT NEGATIVELY IMPACT ANY OTHER ADJACENT PROPERTY OR ANYWHERE ELSE IN TOWN FOR THAT MATTER.

THAT'S GOOD. ANOTHER ISSUE THAT DID COME UP WAS THE TRAFFIC.

WE'RE GOING TO ADD QUITE A FEW MORE CARS, A LITTLE BIT MORE CONGESTION.

HOWEVER, THERE'S A 10 YEAR PROJECT, AND WE DO HAVE A THOROUGHFARE PLAN TO UPGRADE SOME OF THOSE ROADS IN THAT AREA.

THAT'S SOME OF THE ONGOING DISCUSSION THAT WE'RE HAVING RIGHT NOW ALONG SCENIC.

I THINK AS WE GET THE FACTS AS WE GET THE SURVEYS AND WE CAN FIGURE OUT EXACTLY HOW THAT THOROUGHFARE PLAN IS GOING TO LOOK WHEN THE ENGINEERING COMES THROUGH, I THINK THAT'LL HELP MITIGATE SOME OF THOSE CONCERNS.

THE ONLY OTHER THING THAT I THINK WE TOUCHED ON EARLIER WAS, WE DON'T WANT ALL THE HOMES IN THAT NEIGHBORHOOD TO LOOK ALIKE.

WE TALKED ABOUT THAT A LITTLE BIT EARLIER.

I THINK WE HAVE ENOUGH SAFEGUARDS TO ENSURE THAT WE DON'T HAVE THREE HOUSES ON THE ROAD LOOK ALIKE.

I'M ENCOURAGED.

I'M OPTIMISTIC ABOUT THIS AND I APPRECIATE YOU WORKING WITH US ON THIS PROJECT.

>> I JUST WANT TO REITERATE WHAT EVERYBODY IS SAYING UP HERE.

WE'RE PRESERVING ABOUT 45% OF THIS LAND AS OPEN SPACE.

I THINK WITHIN THE LAST 10 YEARS, WE HAD A PROPOSAL COME HERE, WHICH WAS SIGNIFICANTLY HIGHER DENSITY ON THE SAME TRACT OF LAND.

THERE'S GOING TO BE TWO PUBLIC PARKS, 12 ACRES OF OPEN SPACE THERE.

WE'VE REDUCED SOME OF THE TREE REMOVAL.

I THINK THE SLOPE AND THE MINIMUM SIDE YARD SETBACKS HAVE BEEN DONE CORRECTLY.

I APPRECIATE THAT, TRY TO PRESERVE MORE TREES.

I THINK MIKE YOU'RE TRYING TO PRESERVE FURTHER WHAT YOU'RE PROPOSING HERE.

I THINK THIS IS OVERALL WHAT WE WANT IN THE CONSERVATION DISTRICT.

I THINK WE'VE ALSO IDENTIFIED SOME MORE TREES TO SAVE AS WELL.

I THINK IT'S A GOOD PROPOSAL.

>> WELL, IT SOUND LIKE EVERYBODY IS AGREEING WITH THIS.

I THOUGHT IT WAS AN EXCEPTIONAL PRESENTATION.

ARE WE AT A POINT WHERE SOMEBODY WANTS TO MAKE A MOTION WITH ALL THESE EXCEPTIONS?

>> TWO MOTIONS, RIGHT?

>> YEAH, WE HAVE TO DO TWO MOTIONS.

WE HAVE ITEM 6 AND ITEM 7.

THEY'LL HAVE TO BE SEPARATED.

>> I BELIEVE THAT FOR ITEM 6, WE NEED TO ADD BACK IN THE 15 FOOT SIDE YARD SETBACK.

WE WOULD MAKE THE MOTION AS PRESENTED WITH A 15 FOOT SIDE YARD SETBACK.

>> WHAT ABOUT THE UTILITIES?

>> IT'S ALREADY ON HERE, SLOPE AND OVERHEAD UTILITIES ARE ALREADY ON HERE.

>> DID I MISS ANYTHING?

>> WITH THE 15 FOOT SIDE YARD SETBACK, DO WE WANT TO SPECIFY TO PRESERVE TREES?

>> I CAN ADD THAT IN. I CAN PUT THAT IN THE MOTION. IS THAT RIGHT, LEXIN?

>> SURE.

>> I WOULD ASK IF Y'ALL ARE OKAY WITH IT WHEN YOU MAKE YOUR MOTION TO MAKE IT WITH, I'D LIKE FOR THEM TO UPDATE THEIR PLANS BECAUSE THERE'S TREES NOW THAT Y'ALL ARE TALKING ABOUT THAT Y'ALL HAVE WORKED OUT THAT WE'RE GOING TO TRY TO SHIFT STUFF AROUND TO SAVE THESE TREES.

IT'S GOING TO MAKE SOME CHANGES.

IT DOESN'T SEEM LIKE IT WOULD BE A BOTHER TO THEM BECAUSE THEY'RE GOING TO BE WORKING ON THESE PLANS ANYWAY.

I'D RATHER US HAVE THE MOST UPDATED PLANS AS WE CAN WITHIN THE PD SO THAT THAT ELIMINATES CONFUSION LATER WHEN WE'RE TRYING TO COMPARE THE SUBDIVISION SITE PLAN AGAINST WHAT WAS APPROVED WITH THE PD.

IF YOU DON'T MIND ADDING THAT IN TO REFLECT DISCUSSED WHATEVER ADDITIONAL TREES ARE GOING TO BE PRESERVED OR ASSOCIATED-. [OVERLAPPING]

>> FOR ITEM NUMBER SEVEN NOT SIX.

>> WELL, BUT IT WOULD GO WITH SIX.

>> YOU WANT A REQUIREMENT FOR UPDATED EXHIBITS TO REFLECT LOT AND TREE MODIFICATIONS?

>> FOR THE INDIAN MARKER, THERE'S NO REASON TO SPECIFY ANYTHING BECAUSE IT'S ALREADY COVERED UNDER STATE LAW.

>> IT'S COVERED UNDER OUR LOCAL ORDINANCE, NOT STATE LAW.

>> BUT IT'S UP TO YOU IF YOU WANT TO MAKE IT PART OF THE MOTION, IT'S FINE, BUT AS I SAID, THE PROTECTION IS CURRENTLY IN PLACE AND HAS BEEN FOR SOME TIME.

>> SINCE IT'S ALREADY ACCOUNTED FOR IN LAW, I'LL LEAVE THAT ONE OUT.

>> I WILL MAKE A MOTION TO APPROVE REGULAR ITEM K6, AS PRESENTED WITH THE EXCEPTION OF 15 FOOT SIDE YARD SETBACK AS NEEDED FOR TREE PRESERVATION, AND THE REQUIREMENT FOR UPDATED EXHIBITS TO REFLECT LOT AND TREE MODIFICATIONS.

>> I'LL SECOND.

>> WE HAVE A MOTION AND A SECOND.

CAN WE TAKE THE ROLL? COUNCILMEMBER WERNER?

>> COUNCILMEMBER DREW?

>> COUNCILMEMBER TAYLOR?

>> WE PASS ITEM NUMBER SIX BY UNANIMOUS VOTE.

[04:30:05]

THEN WE WILL NEED TO MAKE A MOTION FOR ITEM 7.

>> I'LL MAKE A MOTION TO APPROVE THIS WITH THE EXCLUSION OF AND THEN I'M GOING TO LIST OFF 12 NUMBERS FOR THE TREES THAT ARE NOW TO BE EXCLUDED FROM THE REMOVAL.

GOOD ENOUGH? MOVE APPROVAL OF REGULAR ITEM 7, EXCLUDING TREES 4144, 4163, 4238, 6163, 6164, 6202, 6213, 6223, 6348, 6352, 6415 AND 6440.

>> WE HAVE A MOTION AND A SECOND.

WE CALL THE ROLL AGAIN. COUNCILMEMBER TAYLOR?

>> COUNCILMEMBER DREW?

>> DEPUTY MAYOR PRO TEM SCHIESTEL?

>> COUNCILMEMBER WERNER.

>> WE'RE GOING TO CHANGE THE ORDER OF THIS AND DO A CLOSED MEETING REAL QUICKLY BUT,

[M. CLOSED MEETING (Part 1 of 2)]

WE'LL MEET AT 10:55.

I THINK THAT'LL GIVE US ENOUGH TIME.

>> WE NEED TO READ THE SECTION NUMBERS.

>> I'M SORRY.

>> NO. IT'S FINE.

>> IT IS NOW 10:41.

THE TOWN COUNCIL IS CONVENING IN A CLOSED MEETING PURSUANT TO TEXAS GOVERNMENT CODE, CHAPTER 551, SECTION 071, 072, 074, AND 087.

[NOISE] THE TIME IS 10:57.

[N. RECONVENE (Part 1 of 2)]

WE'RE RECONVENING INTO AN OPEN MEETING.

THERE'S NO ACTION TO BE TAKEN FROM THIS MEETING, AND WE WILL MOVE ON TO OUR REGULAR ITEM.

[Items K.8 - K.10.]

WE ARE ON ITEM NUMBER 8, 9 AND 10.

WE WILL JUST COMBINE THESE FOR OUR PUBLIC HEARING.

>> THANK YOU, MAYOR AND COUNCIL.

WE'VE GOT A COUPLE OF DEVELOPMENT ITEMS AND A CIA FOR THE LAST DONCA PROJECT.

BUT BEFORE WE DO THAT, I WANTED TO TAKE JUST A MOMENT TO GO INTO SOME BACKGROUND BECAUSE THIS HAS BEEN A CASE THAT GOES BACK A FEW YEARS, OR AT LEAST A PROPERTY DOES, AND JUST A QUICK REFRESHER.

I WANTED TO PROVIDE BEFORE WE JUMP INTO THE DEVELOPMENT ITEMS. FOR THOSE AT HOME WATCHING THIS, THE LOCATION IS OUT WEST ALONG 1171 AND JUST WEST OF 377, THIS BOUNDARY HERE IS THE RAILROAD TRACK, THE LAST DONCA TRACK.

JUST A QUICK RECAP.

THIS WAS LOCATION OF THE CROSS TIMBERS BUSINESS PARK, AS MANY WILL RECALL, THE PRIOR ZONING BEFORE THAT APPLICATION CAME THROUGH WAS INTERIM HOLDING, WHICH REALLY LIMITED THE ALLOWED USES TO AGRICULTURAL TYPE USES.

THE MASTER PLAN FOR THAT AREA, AS YOU CAN SEE ON THE MAP, WAS A MIX OF COMMERCIAL, INDUSTRIAL, MIXED RESIDENTIAL AND CAMPUS INDUSTRIAL.

THE WAREHOUSING APPLICATION THAT WAS RECEIVED AT THE CROSS TIMBERS BUSINESS PARK WAS SUBMITTED BACK IN AUGUST OF 2021.

YOU CAN SEE THE DETAILS THERE. I WON'T GO THROUGH IT.

THE HIGHLIGHT WAS LARGE SCALE WAREHOUSE BUILDINGS ROUGHLY ABOUT 3.2 MILLION SQUARE FEET OF WAREHOUSE SPACE.

THAT WAS THE CONCEPT PLAN THAT WAS PRESENTED.

AS YOU RECALL, THERE WERE A LOT OF PEOPLE THAT WERE FOLLOWING THAT APPLICATION AND ON APRIL 18, THE TOWN COUNCIL APPROVED THE ZONING AND MODIFIED THE ALLOWED USES WHERE, THE WAREHOUSING WAS ELIMINATED AS A USE.

THE DEVELOPER AT THE TIME, CROW HOLDINGS DID NOT PROCEED WITH THE PROJECT FOLLOWING THE APPROVAL OF THE ZONING IN APRIL 2022.

FOLLOWING THAT, A LAWSUIT WAS FILED IN MAY, THE PROPERTY OWNER AGAINST THE TOWN.

IN JULY 2023, THE TOWN ENTERED A COURT ORDERED MEDIATION WITH THE PROPERTY OWNER.

THIS WAS A FEDERAL LAWSUIT, AND PART OF FEDERAL LAWSUITS REQUIRES MEDIATION.

DURING THE MEDIATION, THE PROPERTY OWNER PROPOSED SOME RESIDENTIAL DEVELOPMENT AS AN ALTERNATIVE, AND GREEN BRICK WAS AND IS THE POTENTIAL DEVELOPER.

IN AUGUST OF 2023,

[04:35:01]

THE PARTIES AGREED TO ENTER AN ABATEMENT AGREEMENT.

WHAT THAT DID IS PAUSE THOSE PROCEEDINGS OF THE LAWSUIT, SO THAT BOTH PARTIES COULD FULLY EXPLORE SETTLEMENT OF THAT CASE.

THEN BETWEEN AUGUST OF 23 AND MAY OF 24, THE PARTY HAS BEEN NEGOTIATING DETAILS OF THE DEVELOPMENT APPLICATIONS IN THE SETTLEMENT.

I WANTED TO RUN THROUGH A FEW OF THE NEGOTIATED PLANS.

COUNCIL AND THE PUBLIC IS AWARE OF WHERE WE STARTED AND WHERE WE'RE AT, WHICH ULTIMATELY CULMINATES IN THE DEVELOPMENT APPLICATIONS ON THIS AGENDA.

THIS WAS THE PLAN THAT WAS APPROVED DURING MEDIATION.

SFD IS SINGLE FAMILY DETACHED, SFA ATTACHED TOWN HOMES AND MF IS MULTI FAMILY.

WE GOT A REVISED PLAN THROUGH NEGOTIATION, SOME RETAIL EXPANDED, TRYING TO NEGOTIATE DOWN SOME OF THE MULTIFAMILY UNITS OVERALL.

THIS WAS ONE OF THE PLANS THAT WAS SUBMITTED AT THE FIRST PART OF NOVEMBER.

YOU CAN SEE THOSE NUMBERS THERE.

THEN THE SECOND PLAN, WHICH WAS ULTIMATELY SUBMITTED FOR PROJECT REVIEW, AS YOU WILL NOTICE, THE PODS CHANGED A LITTLE BIT, BUT THE DENSITY IS THE SAME.

THIS JUST SUMMARIZES THAT TRANSITION OF THAT DENSITY EVOLUTION THROUGH MEDIATION TILL TODAY, OVERALL 54% REDUCTION IN OVERALL DENSITY.

THAT FORMAL APPLICATION WAS SUBMITTED ON DECEMBER 19TH, 2023.

ASSOCIATED WITH THE NEGOTIATION IS THE TOWN'S AGREEMENT TO PURCHASE ROUGHLY 22 ACRES OF THE RETAIL TRACT, PRIMARILY TO SECURE RETAIL OPPORTUNITIES IN THE AREA.

WE BELIEVE WITH THIS MUCH DENSITY, WE NEEDED TO PROVIDE ADDITIONAL RETAIL OPPORTUNITIES, NOTWITHSTANDING THE APPROVAL OF THE FIRST RANCH APPLICATION, BUT ALSO TO HELP BUY DOWN SOME OF THOSE MULTIFAMILY UNITS.

IT WAS AN IMPORTANT COMPONENT OF THIS NEGOTIATION, AND WE DID AGREE WITH THE DEVELOPER TO ACQUIRE THAT LAND AT A FAIR PRICE.

BOTH PARTIES HAVE BEEN WORKING TOWARDS THIS SETTLEMENT SINCE AUGUST 2023, POSITIVE RESOLUTION OF TONIGHT'S ITEMS ALONG WITH CLOSING OF THE LAND PURCHASE RESULTS IN THE SETTLEMENT AND ULTIMATE DISMISSAL OF THIS LAWSUIT FOR THE TOWN.

WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

AS I MENTIONED, LEXIN WILL PRESENT THE TWO APPLICATIONS THAT ARE BEFORE YOU TONIGHT.

>> DOES ANYBODY HAVE ANY QUESTIONS?

>> I JUST WANTED TO CLARIFY A COUPLE OF THINGS, TOMMY.

THIS RESIDENTIAL PROPOSAL, THIS ALTERNATIVE, THIS WAS BROUGHT TO US BY THE PROPERTY OWNER THROUGH THAT MEDIATION PROCESS, RIGHT?

>> THAT IS CORRECT.

>> WE DIDN'T COME UP WITH THIS OURSELVES AND GIVE IT TO THEM?

>> NO, WE DID NOT.

>> THE INITIAL PROPOSALS FROM THE PROPERTY OWNER DID NOT INCLUDE A REQUIREMENT THAT WE BUY ANYTHING?

>> THAT'S CORRECT.

>> WE OFFERED THAT AS A WAY TO TRY TO GET THE MIX A LITTLE DIFFERENT, BRING THE MULTIFAMILY DOWN, GET SOME RETAIL IN THERE?

>> THAT'S CORRECT.

>> THAT'S ALL I HAVE FOR NOW. THANK YOU.

>> I'M PRESENTING THE MASTER PLAN AMENDMENT AND ZONING PLANNED DEVELOPMENT ASSOCIATED WITH THE LA ESTANCIA PROJECT.

I'VE ALREADY DISCUSSED THE GENERAL LOCATION OF THE PROPERTY.

A MORE DETAILED VIEW.

AS MENTIONED, THE LAND USE IS CAMPUS INDUSTRIAL AND COMMERCIAL INDUSTRIAL USES.

ZONING CURRENTLY IS PD-188 WITH CAMPUS INDUSTRIAL AND INDUSTRIAL DISTRICT-2 USES.

HERE IS THE PROPOSED MASTER PLAN EXHIBIT.

THE LIGHTER PURPLE IS HIGH DENSITY SINGLE-FAMILY DETACHED AS THE PROPOSED LAND USE.

THE DARKER PURPLE IS JUST HIGH DENSITY AND SO THIS INCORPORATES BOTH THE SINGLE-FAMILY ATTACHED AS WELL AS THE MULTIFAMILY PIECE.

HOWEVER, ALONG WITH THIS PROPOSAL TEXT CHANGES WITHIN THE DENTON CREEK DISTRICT AREA PLAN THAT WOULD LIMIT THE NUMBER OF MULTIFAMILY UNITS WITHIN THAT DENTON CREEK DISTRICT PLAN TO BE ONLY 300 SOUTH OF CANYON FALLS DRIVE.

SO THIS WOULD PREVENT ANY FUTURE AMENDMENT OF THAT TOTAL NUMBER OF UNITS WITHIN THE MULTIFAMILY WITHOUT ANOTHER ASSOCIATED MASTER PLAN AMENDMENT.

SO IT CAN'T JUST BE MODIFIED LATER TO ADD MORE WITHOUT GOING THROUGH AN ADDITIONAL MASTER PLAN AMENDMENT.

THEN THE RED THERE IN THE BOTTOM RIGHT CORNER IS DESIGNATED FOR RETAIL LAND USE.

[04:40:07]

HERE IS THE CONCEPTUAL SITE PLAN.

THE VERY LIGHT CREAM COLOR THERE IS PROPOSED SINGLE-FAMILY, THE ORANGE IS TOWN HOMES OR SINGLE-FAMILY ATTACHED, THE 10-ACRE TRACT THERE IS THE MULTIFAMILY PIECE, AND THEN THERE'S A LITTLE MORE THAN 22 ACRES THAT ARE DESIGNATED FOR RETAIL.

THAT DOES NOT INCLUDE THE RETENTION POND THERE AT THE VERY CORNER.

HERE'S SOME PICTURES FROM THE SITE.

THIS IS LOOKING DIRECTLY SOUTH FROM WHERE DENTON CREEK CURRENTLY EXISTS.

THIS IS WHERE IT ENDS THERE.

IT WILL BE EXTENDED THROUGHOUT THE DEVELOPMENT.

THAT WILL BE DONE AS PART OF THIS DEVELOPMENT BY THE DEVELOPER.

THIS IS LOOKING WEST ACROSS THE SITE AGAIN FROM THE CURRENT LOCATION OF STONE CREST.

STONE CREST WILL ALSO BE EXTENDED ACROSS THE SITE AND CONNECT THERE WITH DENTON CREEK.

THIS IS LOOKING NORTH EAST FROM MISSY RIDGE, AN EXISTING CONNECTION POINT WITHIN TRAIL WOOD.

THIS IS LOOKING NORTH FROM PANORAMA TRAIL, ANOTHER EXISTING CONNECTION POINT IN TRAIL WOOD.

THERE ARE A NUMBER OF MODIFICATIONS THAT ARE REQUESTED SO I THOUGHT IT WOULD BE EASIER IF WE PUT THEM INTO A CHART TO GO THROUGH WITH THE VARIOUS DISTRICTS.

THE ZONING DISTRICT THAT IS PROPOSED FOR THE SINGLE-FAMILY DETACHED IS SF-5.

SO THERE ARE SOME MODIFICATIONS ASSOCIATED WITH THAT SF-5 DISTRICT, THE FIRST ONE BEING THAT WOULD BE A MINIMUM LOT SIZE OF 4,000 SQUARE FEET AS OPPOSED TO 5,000 IS TYPICALLY THE MINIMUM.

HOWEVER, IT WOULD REQUIRE THAT AT LEAST 50% OF THE LOTS BE 5,000 SQUARE FEET OR MORE.

ALSO TYPICAL MINIMUM LOT WIDTH WOULD BE 50 FEET IN SF-5.

THIS IS REQUESTING ALONG THE SAME LINES A MINIMUM OF 40, BUT WITH AT LEAST 50% OF THE LOTS MEETING THE 50 FOOT OR GREATER STANDARD.

TYPICAL MINIMUM FLOOR AREA PER DWELLING UNIT IS 1,200.

WHAT'S BEING REQUESTED TONIGHT IS 1,500.

TYPICAL IS 1,500, WHAT'S BEING REQUESTED TONIGHT IS 1,200 SQUARE FEET.

A MINIMUM REAR YARD SETBACK WOULD TYPICALLY BE 20, WHAT'S REQUESTED HERE IS 15.

THE TOWN'S NORMAL STANDARD IS A MAXIMUM HEIGHT OF THREE STORIES OR 35 FEET, BUT THE WAY THAT WE MEASURE THAT IS AT THE MEAN HEIGHT LEVEL OF THE ROOF, SO IT'S ABOUT MIDWAY DOWN THE ROOF.

JUST GREEN BRICK THE WAY THEY PREFERRED TO DO IT RATHER THAN THAT WAS JUST TO MEASURE TO THE PEAK SO THEY'RE REQUESTING A MAXIMUM HEIGHT OF TWO STORIES AND 40 FEET, BUT IT'S MEASURED TO THE PEAK OF THE ROOF SO I REALLY DON'T THINK THAT ACTUALLY WILL BE AN INCREASE IN HEIGHT.

IT'S JUST A DIFFERENT WAY TO MEASURE IT.

NORMALLY THE TOWN WOULD REQUIRE IF THERE WAS GOING TO BE A LOT DEPTH THAT'S MORE THAN 2.5 TIMES THE WIDTH, THAT THAT WOULD HAVE TO COME FORWARD AND GET AN EXCEPTION APPROVED BY TOWN COUNCIL.

SO WHILE WE DON'T ACTUALLY HAVE A MAXIMUM LOT DEPTH, IT'S JUST THAT MATTER OF THE WIDTH VERSUS THE DEPTH.

THE APPLICANT IS REQUESTING TO HAVE NO MAXIMUM LOT DEPTH NOTED IN HERE.

IN THIS PARTICULAR CASE, I THINK IT PROBABLY MAKES SENSE JUST BECAUSE THE REASON WHY WE HAVE THAT STANDARD IS TO PREVENT FLAG LOTS.

YOU SEE THAT MORE IN AREAS WHERE IT'S ALREADY DEVELOPED AROUND THEM AND THEY'RE TRYING TO GET A CONNECTION POINT TO A STREET SO THEY HAVE THEIR REAL LOT BACK HERE AND THEN THEY JUST DRY A LITTLE SKINNY DRIVEWAY AND MAKE THAT AN EXTENSION OF THEIR LOT.

BEING AS THIS LAND IS ALL UNDEVELOPED, I THINK THAT'S PRETTY LOW RISK AND JUST WITH THE RELATIVELY NARROW SIZE OF THE LOTS, I THINK WE WOULD NOT WANT TO ARTIFICIALLY LIMIT THE SIZE OF SOMEONE'S BACKYARD WITHOUT THEM HAVING TO COME BACK FOR AN EXCEPTION.

THERE IS A PROPOSED ANTI-MONOTONY STANDARD THAT THE APPLICANT HAS PUT IN PLACE.

THERE IS NO ANTI-MONOTONY STANDARD IN TOWN CODE SO THAT WOULD BE AN INCREASE IN THE REQUIREMENTS.

I ACTUALLY TALKED SOME WITH THE APPLICANT ABOUT THIS AFTER IT WENT TO P&Z.

THE WAY IT WAS WRITTEN AT P&Z SAID YOU WOULDN'T HAVE THREE CONTIGUOUS LOTS.

THEY WERE AGREEABLE TO CHANGING THAT SO YOU WOULDN'T HAVE TWO CONTIGUOUS LOTS BECAUSE DIDN'T WANT TO HAVE IT IN A WAY WHERE YOU COULD HAVE TWO RIGHT NEXT TO EACH OTHER THAT WERE IDENTICAL BUT JUST NOT A THIRD.

THIS WAY THERE WON'T BE ANY TWO CONTIGUOUS LOTS THAT ARE IDENTICAL AND THEN ALSO NOT IMMEDIATELY ACROSS THE STREET OR ON EITHER SIDE OF THAT LOT.

THEY HAVE ALSO COMMITTED TO CONSTRUCTING AN AMENITY CENTER.

THAT AMENITY CENTER ITSELF WOULD BE PRIVATE, BUT THEY WOULD BUILD A PUBLICLY ACCESSIBLE PLAYGROUND AS PART OF THAT AREA THAT WOULD BE AVAILABLE TO THE GENERAL PUBLIC.

[04:45:04]

NEXT WE'RE GOING TO THE S-FA DISTRICT.

THIS IS FOR THE TOWN HOMES.

THE ASSOCIATED ZONING DISTRICT FOR THAT IS SINGLE-FAMILY ATTACHED.

THE MINIMUM LOT SIZE WITHIN THE TOWN'S CODE FOR S-FA IS 5,000 SQUARE FEET.

THEY HAVE NOT PROPOSED A MINIMUM LOT SIZE BUT HAVE COMMITTED TO A MAXIMUM OF 477 LOTS.

I WILL SAY THAT WHILE THE TOWN STANDARD IS WRITTEN AS 5,000 SQUARE FEET AS THE MINIMUM FOR A TOWN HOME, WE HAVE NOT ACTUALLY SEEN THAT IN ANY TOWN HOME DEVELOPMENT.

IN FLOWER MOUND THEY'VE ALL COME FORWARD AS PART OF A PD AND SO THEY'VE PROPOSED ALTERNATE STANDARDS.

YOU CAN SEE THAT IT'S ACTUALLY THE SAME SIZE AS OUR SF-5 ZONING.

TYPICALLY, PEOPLE ARE WANTING TO DO SMALLER LOTS FOR TOWN HOMES.

I THINK I FORGOT TO MENTION, BUT THERE IS ALSO A CAP FOR THE NUMBER OF UNITS FOR THE SF-5 AS WELL OF 713 AND THAT'S SPREAD ACROSS THAT ENTIRE CREAM AREA.

THE MINIMUM LOT WIDTH IS THE TOWN'S CODE IS JUST 20 FEET.

THE APPLICANT HAS PROPOSED A MINIMUM LOT WIDTH OF 25 FEET FOR FRONT ENTRY GARAGES AND 22 FEET FOR REAR ENTRY GARAGES.

SO THAT'S AN INCREASE TO THE TOWN'S NORMAL STANDARD.

MINIMUM FLOOR AREA PER DWELLING UNIT PER THE TOWN'S CODE IS 1,100 SQUARE FEET.

APPLICANT HAS REDUCED THAT SLIGHTLY TO 1,000.

THE APPLICANT IS PROPOSING A STANDARD FOR FRONT AND REAR SETBACKS TO BE A FRONT SETBACK OF 20 FEET FOR FRONT ENTRY GARAGES AND 10 FEET FOR REAR ENTRY, AND THEN IT FLIP FLOPS THAT FOR REAR ENTRY.

BASICALLY, THEY'RE JUST ENSURING THAT THERE IS AT LEAST A 20-FOOT DRIVEWAY WHEREVER THE GARAGE IS.

SO WHETHER IF IT'S A FRONT ENTRY GARAGE OR A REAR ENTRY GARAGE TO MAKE SURE THERE'S AT LEAST A 20-FOOT DRIVEWAY LEADING UP TO THAT GARAGE WHICH AGAIN IS AN IMPROVEMENT FROM WHAT THE MAJORITY OF OUR TOWN HOME STANDARDS HAVE CURRENTLY IN TOWN.

BUT TECHNICALLY, THE TOWN CODE WOULD CALL FOR A 25-FOOT FRONT AND 20 FOOT REAR.

APPLICANT REQUESTING A MAX LOT COVERAGE OF 80%, THE TOWN CODE WOULD SAY 40.

THEN AGAIN, WITH A CHANGE IN THE MEASUREMENT OF HEIGHT, THE APPLICANTS REQUESTING A MAXIMUM HEIGHT OF TWO STORIES AND 45 FEET BUT MEASURED YET AGAIN AT THAT PEAK OF THE ROOF RATHER THAN THE THREE STORIES AND 35 FEET MEASURED AT THE MEAN HEIGHT LEVEL OF THE ROOF.

NO MAXIMUM LOT DEPTH.

AGAIN, WHILE THE TOWN DOESN'T HAVE A LOT DEPTH STANDARD PER SE, WE WOULD NORMALLY REQUIRE AN EXCEPTION IF IT WAS GOING TO BE MORE THAN 2.5 TIMES THE WIDTH.

SO SAME THING APPLIES THAT WE TALKED ABOUT WITH THE SF-5 DISTRICT.

THEY HAVE ALSO PROPOSED AN ANTI-MONOTONY STANDARD WHERE AGAIN THERE'S NO STANDARD IN TOWN CODE AND SO IT WOULD PREVENT THE SAME FRONT ELEVATION FROM REPEATING FOR MORE THAN TWO LOTS.

WITH TOWN HOME, I THINK IT'S POSSIBLE YOU MIGHT WANT TWO TO BE AT LEAST VERY SIMILAR NEXT TO EACH OTHER SO THAT YOU DIDN'T HAVE TO GET A LITTLE TOO BUSY IF EVERY SINGLE FRONT FACE IN A MULTI-UNIT STRUCTURE WAS ALL DIFFERENT.

IT COULD START TO LOOK A LITTLE BUSY, SO THAT'S HOW THEY'VE WRITTEN THEIR STANDARD.

>> NEXT IS THE MULTIFAMILY DISTRICT.

WHAT'S PROPOSED IS NO MINIMUM LOT AREA PER DWELLING UNIT.

THE TOWN STANDARD WOULD BE A MINIMUM LOT AREA PER DWELLING UNIT OF 2,800 SQUARE FEET.

THEY'RE PROPOSING A MINIMUM FLOOR AREA OF 600 AS OPPOSED TO 700, IS WHAT WOULD TYPICALLY BE REQUIRED.

THEY'VE ALSO ASKED FOR BALCONIES, BAY WINDOWS, SIGNS, AND ENTRYWAYS TO PROJECT UP TO FIVE FEET INTO THE FRONT SETBACK.

WE WOULD NORMALLY ONLY ALLOW IT UP TO TWO FEET INTO FRONT SETBACKS.

HOWEVER, THE APPLICANT HAS COMMITTED WITHIN THAT STANDARD TO MEETING THE TOWN'S BUILDING CODE, SO THEY UNDERSTAND THEY HAVE TO BE IN COMPLIANCE WITH THAT.

PROPOSING A MAXIMUM LOT COVERAGE OF 60% AS OPPOSED TO 40% AND A MAXIMUM HEIGHT OF FOUR STORIES AND 55 FEET RATHER THAN THREE STORIES AND 35 FEET.

THEY DID PROPOSE THEIR OWN STANDARD THAT WAS NOT REQUIRED BY THE TOWN CODE THAT PARKING WOULD BE LOCATED BEHIND THE PRIMARY STRUCTURE OR SET BACK A MINIMUM OF 25 FEET FROM THE STREET.

SO THAT THE PARKING WAS NOT RIGHT THERE UP ON YOU AS YOU'RE DRIVING BY.

SOME ADDITIONAL MISCELLANEOUS STANDARDS THAT ARE WRITTEN INTO THIS, I THINK, FOR THE MOST PART TO THE BENEFIT OF THE TOWN, FOR MASONRY CONSTRUCTION, ALL SINGLE-FAMILY DWELLINGS WILL BE AT LEAST 75% MASONRY, WHILE THE STREET-FACING FACADE WILL BE 100% MASONRY, WITH THE EXCEPTION OF WALLS OVER ROOF AND BAY BOX WINDOWS.

THEN ALSO THAT STUCCO,

[04:50:01]

WHILE IT IS CONSIDERED A MASONRY MATERIAL, WILL NOT EXCEED 25% OF THE MASONRY COMPONENT OF A FACADE FACING CROSS TIMBERS OR DENTON CREEK.

FOR REAR YARD VISIBILITY, REAR YARDS OF SINGLE-FAMILY LOTS ADJACENT TO DENTON CREEK, STONECREST, OR CROSS TIMBERS SHALL BE SCREENED FROM VIEW.

BUT SPECIFICALLY REAR YARD SHALL NOT BE ORIENTED TOWARD CROSS TIMBERS.

I THINK THAT'S DEFINITELY A BENEFIT TO HAVE PEOPLE'S YARDS AWAY FROM THAT BUSY TRAFFIC, AND ALSO IT PROVIDES MORE DISTANCE BETWEEN THE ROAD AND THE START OF THE HOUSING DEVELOPMENT.

LET'S SAY WHERE SINGLE-FAMILY LOTS BUT DIRECTLY TO A REQUIRED LANDSCAPE BUFFER ON DENTON CREEK OR STONECREST, A SCREENING SHALL CONSIST OF A MASONRY WALL AT LEAST SIX FEET IN HEIGHT.

IF THEY ARE NOT HAVING REAR YARDS IMMEDIATELY ADJACENT TO THE LANDSCAPE BUFFER, THEN THEY CAN USE METAL FENCING, AT LEAST SIX FEET IN HEIGHT, 24 BY 24 MASONRY COLUMNS, ONE EVERY 40 FEET ALONG DENTON CREEK, AND ONE EVERY 100 FEET ALONG STONECREST.

AGAIN, WITH THE TYPE OF SCREENING WITH TREES AND SHRUBS THAT WE WOULD NORMALLY SEE IN ASSOCIATION WITH THAT TYPE OF FENCING.

AS I MENTIONED BEFORE, THERE WON'T BE ANY RESIDENCES BACKING UP TO CROSS TIMBERS, AND ALSO THE APPLICANT HAS COMMITTED TO DOING A SETBACK OF 200 FEET FROM CROSS TIMBERS ITSELF.

THAT'LL APPLY TO ALL RESIDENTIAL BUILDINGS.

NOW THE APPLICANT IS PROPOSING THAT THE TOWN'S HIGH VOLTAGE SETBACK REQUIREMENT WOULD BE LIMITED TO 25 FEET.

WE WOULD NORMALLY REQUIRE 100 FEET.

I WILL SAY THERE WILL STILL BE A GOOD BIT OF DISTANCE, BECAUSE OVERALL THE EASEMENT ITSELF IS ABOUT 100 FEET WIDE, AND SO THE LINE WILL BE LOCATED WITHIN THE MIDDLE OF THAT.

YOU WILL HAVE THE DISTANCE TO EITHER SIDE OF THAT EASEMENT, AND THEN ANOTHER 25 FEET ON TOP OF THAT BEFORE YOU COULD HAVE A RESIDENTIAL BUILDING.

NOW DUE TO THE UNCERTAINTY OF ENCORE'S FUTURE PLANS FOR TRANSMISSION FACILITIES IN AND AROUND THIS PROPERTY, NEITHER ANY FUTURE ENCORE TRANSMISSION FACILITIES NOR ANY EXISTING OVERHEAD FACILITIES ALONG CROSS TIMBERS ARE REQUIRED TO BE LOCATED UNDERGROUND PER THESE STANDARDS.

THERE ARE SOME USE MODIFICATIONS.

THE APPLICANT IS REQUESTING THE FOLLOWING USE CHANGES FROM THE ASSOCIATED BASE ZONING DISTRICTS.

SINGLE-FAMILY DETACHED DWELLINGS WOULD BE ALLOWED IN THE SINGLE-FAMILY ATTACHED AND MULTI-FAMILY ZONING.

THAT'S GIVEN THE APPLICANT BECAUSE THEY WILL BE DOING THE DEVELOPING OF THE SINGLE-FAMILY DETACHED AND THE TOWNHOUSES.

IF THEY SHOULD DECIDE THAT THEY WOULD REALLY LIKE TO DO MORE OF THESE SINGLE-FAMILY DETACHED DWELLINGS, THAT WOULD BE ALLOWED USE IN THE TOWNHOME AND MULTIFAMILY AREA AS WELL.

IT'S IN ACCORDANCE WITH THE STANDARDS PROPOSED IN THIS PD, SO IT DOESN'T JUST GIVE CARTE BLANCHE TO DO ANY KIND OF SINGLE-FAMILY.

IT WOULD ALSO REQUIRE THAT THEY BE, AGAIN, ON THEIR OWN INDIVIDUAL LOT, YOU'RE NOT GOING TO HAVE ANY TYPE OF WEIRD SCENARIO WHERE YOU'RE MIXING THE TWO TOGETHER.

THEN ALSO SINGLE-FAMILY ATTACHED DWELLINGS, IN ACCORDANCE WITH THE TOWNHOME STANDARDS OF THE PD, WOULD ALSO BE ALLOWED IN THE MULTIFAMILY ZONING DISTRICT.

SAME PRINCIPLES WE'RE JUST DISCUSSING.

THEN A NEWLY DEFINED USE OF REGIONAL SUPERMARKET WOULD BE ALLOWED IN R2 ZONING.

THERE WAS SOME DISCUSSION ABOUT THIS WITH P&Z.

THE THOUGHT HERE IS REALLY JUST IN CASE THERE IS A LARGE GROCERY STORE THAT WANTED TO GO IN ON THAT RETAIL TRACT, TO NOT HAVE ANY OBSTACLES IN THEIR WAY, NOT REQUIRING AN SUP OR A REZONING TO ALLOW A LARGER SIZE STRUCTURE FOR A GROCERY STORE.

THAT'S THE IDEA BEHIND THAT.

AGAIN, THIS IS THE CONCEPTUAL SITE PLAN.

ALL THE AREAS WE PREVIOUSLY DISCUSSED.

THIS IS ALSO IDENTIFIED AS A PROPOSED NATURAL AREA OVER ON THE WESTERN SIDE OF THE SITE.

HERE'S THE CONCEPTUAL LANDSCAPE PLAN.

YOU CAN SEE THAT 200-FOOT BUFFER NOTED THERE.

THE APPLICANT IS PROVIDING ALL OF THE REQUIRED LANDSCAPE BUFFERS ON CROSS TIMBERS, DENTON CREEK, AND STONECREST, AS WELL AS THE RAILROAD BUFFER ADJACENT TO THE RAILROAD SITE THERE.

THEN ALSO PUTTING IN THE REQUIRED TRAILS PER THE TOWN'S MASTER PLAN, 12-FOOT TRAIL ALONG CROSS TIMBERS, AND THEN ALSO EXTENDING UP AGAINST THE RAILROAD THERE.

THEN THERE WOULD BE AN EIGHT-FOOT TRAIL PROPOSED ALONG DENTON CREEK, BECAUSE THAT'S CONNECTING WITH THAT EXISTING TRAIL THAT'S ALREADY IN PLACE ON DENTON CREEK BOULEVARD.

TALKING ABOUT RECOMMENDATIONS FROM OTHER ECC AND PARKS BOARDS,

[04:55:06]

THE APPLICANT DID WRITE IN SOME CONDITIONS TO ADDRESS SOME OF THOSE RECOMMENDATIONS.

THERE'S ONLY ONE SPECIMEN TREE THAT BEEN IDENTIFIED ON THE SITE, NUMBER 7778.

THE APPLICANT HAS COMMITTED TO TRYING TO SAVE THAT TREE.

IF, FOR SOME REASON THEY DECIDE THEY AREN'T ABLE TO SAVE IT, THEY WOULD STILL NEED TO COME FORWARD THROUGH THE NORMAL PROCESS AND GO TO THE ECC TO REQUEST A RECOMMENDATION, AND ONTO TOWN COUNCIL TO REQUEST A TREE REMOVAL PERMIT.

JUST SO THAT EVERYONE FEELS COMFORTABLE WITH THAT.

WELL THEY HAVE NOT GONE TO ECC TO REQUEST THAT TREE REMOVAL, IT IS INTENDED TO STAY AT THIS TIME, AND IF ANYTHING WOULD CHANGE IT WOULD FOLLOW THE NORMAL PROCESS.

ALSO THE APPLICANT WROTE INTO THEIR PD THAT PUBLIC ACCESS EASEMENTS SHALL BE GRANTED OVER THE TMPA, AS WELL AS THE FUTURE CORE EASEMENTS FOR PARK AND TRAIL PURPOSES.

A PUBLIC ACCESS EASEMENT SHALL BE GRANTED OVER THE IDENTIFIED NATURAL AREA AS WELL.

IN ADDITION TO THE FOLLOWING, THERE'LL BE MINIMUM EIGHT-FOOT CONCRETE TRAIL WITH CONNECTIONS TO SUBDIVISION SIDEWALKS AND TWO TRAILHEAD OVERLOOK NODES CONSISTING OF AT LEAST ONE BENCH, TRASH CAN, AND PET WAY STATION.

BASED ON THOSE REQUIREMENTS WITHIN THE PD, THIS IS A PLAN THAT WENT TO THE PARKS BOARD FOR CONSIDERATION, IDENTIFIED HOW THEY WERE THINKING THEY WOULD FURTHER AMENITIZE THAT NATURAL AREA.

TO BE CLEAR ALSO, THIS IS NOT FOR THE MULTI-FAMILY.

THIS IS ONLY TALKING ABOUT THE SINGLE-FAMILY DETACHED AND ATTACHED UNITS.

WHEN THE MULTIFAMILY WOULD COME FORWARD, THEY WOULD STILL NEED TO DETERMINE HOW THEY WERE MEETING PARK REQUIREMENTS AT THAT TIME.

THIS IS JUST TO GIVE AN IDEA.

THIS IS NOT OFFICIAL BECAUSE THIS ALL HAPPENED JUST AT THE LAST MINUTE.

WHAT WAS HAPPENING WITH THE ENCORE EASEMENT? I HAVE NOT SEEN THE OFFICIAL MAP YET.

IT MIGHT BE OUT THERE. I DON'T HAVE IT.

BUT WE TRIED TO OVERLAY THIS JUST SO THAT YOU COULD SEE WHERE IT'S PROPOSED.

THIS IS THAT FUTURE ENCORE EASEMENT IN RED, AND THEN YELLOW IS AT THEIR LAST MEETING, THE PUC ACTUALLY DECIDED TO RUN THAT ON CORE EASEMENT DOWN THE SIDE OF THE PROPERTY AS WELL THERE.

THAT WOULD AGAIN ALL BE DEDICATED WITH AN ACCESS EASEMENT SO THAT IT WOULD HAVE THE ABILITY TO BE AMENITIZED WITH TRAILS, AS WELL AS I MENTIONED, THAT TEXAS MUNICIPAL POWER AGENCY EASEMENT RIGHT HERE.

OVERALL, THE PARKS BOARD'S RECOMMENDATION ON MAY 2ND WAS RECOMMENDED APPROVAL OF 40.4 ACRES OF PUBLICLY ACCESSIBLE AND PRIVATELY MAINTAINED OPEN SPACE, CASH IN THE AMOUNT OF $1,068,418, AND CREDIT AGAINST PARK DEVELOPMENT FEES FOR STRUCTURES, RECREATION EQUIPMENT, AND TRAIL IMPROVEMENTS.

AGAIN, THIS IS THAT FINAL CONCEPT PLAN.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS, AND THE APPLICANT ALSO HAS A BRIEF PRESENTATION.

>> ONE OF THE QUESTIONS THAT I GOT ASKED WAS THE SURROUNDING RESIDENTIAL.

WHAT IS CANE FALLS TO THE WEST AND TRAILWOOD TO THE SOUTH? WHAT ZONING IS THAT?

>> LET ME SEE IF I HAVE IT ON THE MAP.

THIS IS ALL SF5, AND THAT'S SF5 AS WELL.

>> IT TRANSITIONS FROM SF5 TO SF5?

>> SF5. THAT'S CORRECT.

>> WELL, MADAM MAYOR, COUNSEL, THANK YOU FOR BEING HERE THIS EVENING, BRAD WILLIAMS, GREEN BRICK PARTNERS, 5501 HEADQUARTERS IN PLANO.

>> ANY OTHER QUESTIONS?

WITH TOMMY AND LEXON'S PRESENTATION, I DON'T KNOW THAT I NEED TO BELABOR THE PROJECT ANY FURTHER FOR YOU.

I THINK YOU'RE ALL PRETTY FAMILIAR WITH IT AT THIS POINT, BUT CERTAINLY HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE ABOUT THE SPECIFICS THAT WE CAN ANSWER FOR YOU.

BUT I DID WANT TO GO AHEAD AND LET THE COUNSEL KNOW A LITTLE BIT ABOUT GREEN BRICK AS A BUILDER AND A COMPANY, JUST SO YOU KNOW WHO'S GOING TO BE COMING IN IF WE ARE FORTUNATE ENOUGH TO GET THERE.

FIRST, HERE ARE SOME INTERIOR SHOTS OF SOME OF OUR PRODUCT.

THESE ARE NOT STOCK PHOTOS, THESE ARE OUR HOMES, AND WE ARE A DEVELOPER AND A HOMEBUILDER, BUT WE'RE A HOMEBUILDER FIRST, I WOULD SAY.

WE'RE PUBLICLY TRADED ON THE NEW YORK STOCK EXCHANGE UNDER GRBK.

[05:00:05]

WE DO DETACHED AND ATTACHED HOUSING AS LEXON TOLD YOU.

WE DO NOT DEVELOP MULTIFAMILY OR ANY BUILD TO RENT PRODUCT, STRICTLY A SINGLE FAMILY HOME BUILDER FOR SALE PRODUCT.

WE HAVE FIVE SUBSIDIARY HOME BUILDERS HERE IN DFW.

YOU CAN SEE THEM UP THERE.

THESE ARE THE BUILDERS THAT YOU CAN EXPECT TO COME INTO THIS PROJECT.

WE HAVE NOT ALLOCATED ANY OF THESE LOTS SPECIFICALLY TO ANY OF THESE BUILDERS JUST YET, BUT IT'LL BE ONE OF THESE AS WE SIT HERE TODAY.

WE ARE THE THIRD LARGEST HOME BUILDER IN DFW, NOT A LOT OF FOLKS KNOW THAT, BUT WE ARE WHEN YOU FACTOR IN THE VOLUME FOR ALL OF THESE BUILDERS.

JUST TO BRAG ON OURSELVES A LITTLE BIT, WE DID HAVE A RECORD QUARTER ONE OF THIS YEAR, AND WE DELIVERED 821 NEW HOMES COMPANY-WIDE.

THIS IS JUST AN ACTIVITY MAP.

YOU CAN SEE WHERE WE ARE ACTIVE IN THE DFW AREA.

EVERYWHERE YOU SEE AN ORANGE DOT, WE HAVE LOTS OF DEVELOPMENT GOING ON.

BUT YOU CAN ALSO SEE THAT THERE IS A LITTLE BIT OF A HOLE WHERE THIS PROPERTY SITS OVER IN THIS AREA WHERE THE CURSOR IS.

THAT'S WHY WE'RE EXCITED TO BE HERE.

NOT ONLY IS FLOWERMOUND A GREAT MARKET AND A GREAT PLACE TO BE, BUT ALSO YOU CAN'T SEE MY CURSOR UP THERE, THERE IT GOES, DISAPPEARED.

IT'D BE A GOOD SPOT FOR US TO FILL IN FOR SOME OF OUR PRODUCTS.

AGAIN, IT'S LATE, SO I WON'T KEEP YOU ANY FURTHER, BUT WE ARE HERE TO ANSWER ANY QUESTIONS THAT YOU HAVE.

I'VE GOT MY DESIGN TEAM HERE AS WELL IF YOU HAVE ANYTHING FOR THEM.

HAPPY TO ANSWER ANY QUESTIONS.

>> CAN YOU GO BACK TO THAT MAP? HAVE YOU DONE ANY PROJECTS IN FLOWERMOUND? I WAS UNDER THE IMPRESSION THAT YOU HAD ONE?

>> YEAH. WE DID SOUTHGATE AND WE WERE ALSO ON LAKESIDE.

>> GREAT. IS SOUTHGATE WHAT WE WOULD EXPECT TO SEE?

>> ON THE TOWN HOME SIDE, I WOULD THINK IT'S GOING TO BE PRETTY COMPARABLE TO THAT, YEAH.

>> DID YOU ALSO DO THE SINGLE FAMILY HOMES ON THE OTHER SIDE OF JURELL?

>> WE DID.

>> I APPRECIATE IT. I KNOW OF SOMEONE WHO LIVES IN SOUTHGATE IN A TOWN HOME AND THEY'RE VERY NICE, AND I THINK WE WOULD BE THRILLED TO HAVE THAT PRODUCT THERE.

IF THIS IS APPROVED, WHEN DO YOU ANTICIPATE THAT YOU WOULD START BUILDING HOMES AND WHAT'S YOUR TIMELINE FOR THE PROJECT?

>> YES. SOON AS WE CLOSE ON A PROJECT, ON A PIECE OF PROPERTY, WE PRETTY MUCH IMMEDIATELY PUT IT INTO DEVELOPMENT.

THAT'S GOING TO BE A 4-6, MAYBE A LITTLE LONGER ENGINEERING TIME FRAME, AND THEN WE'LL ACTUALLY GET INTO DEVELOPMENT.

I WOULD SAY PROBABLY AT THE EARLIEST THAT YOU WOULD SEE DIRT TURNING OUT THERE MIGHT BE FIRST PART OF NEXT YEAR AND THEN A 12-18 MONTH POSSIBLY, DEVELOPMENT TIMELINE, BEFORE YOU SEE VERTICAL CONSTRUCTION GOING UP.

BUT A LOT OF THAT HAS TO DO WITH HOW THINGS GO THROUGH THE ENGINEERING AND THE PLAN REVIEW AND PROCESS WITH TOWN STAFF AS WELL.

>> CAN YOU TALK A LITTLE BIT ABOUT THE POWER LINE SINCE THAT HELD THINGS UP FOR A WHILE, THAT NEW LINE.

HOW DID THAT AFFECT YOUR PLAN, AND WHAT DO YOU ANTICIPATE YOU'LL DO UNDERNEATH THOSE POWER LINES?

>> IT DIDN'T HELP OUR PLAN, AS YOU CAN IMAGINE.

IT'S DIFFICULT TO PLAN AROUND THOSE.

IT'S NOT A GREAT MARKETING LOOK, BUT WE'RE GOING TO WORK AROUND IT THE BEST WE CAN.

WE DON'T HAVE ANY PLANS TO ACTIVATE THE POWER LINES AS IT SITS.

WE'RE HAPPY TO DEDICATE THOSE PUBLIC ACCESS EASEMENTS TO GIVE THE TOWN THE ABILITY TO DO THAT AT A LATER DATE IF IT'S SO DESIRED, BUT WE DON'T HAVE ANY PLANS TO ACTIVATE THOSE AT THIS TIME.

>>THANK YOU. DO YOU KNOW WHAT YOUR ANTICIPATED PRICE POINTS ARE FOR YOUR SINGLE FAMILY ATTACHED AND DETACHED?

>> I WOULD SAY THEY'RE GOING TO BE COMPARABLE WITH WHAT YOU SEE IN FLOWERMOUND.

I HESITATE TO THROW OUT A NUMBER BECAUSE I DON'T KNOW WHAT THE MARKET BRINGS.

WE WANT THIS TO BE A SUCCESSFUL PROJECT FOR OURSELVES, BUT WE ALSO WANT TO BE COMPETITIVE.

WHATEVER THE MARKET WILL BEAR AND WHATEVER'S REASONABLE, I THINK IS WHAT YOU'D EXPECT TO SEE OUT HERE. THANKS.

>> ANY OTHER QUESTIONS? ANYBODY? I DON'T HAVE ANY QUESTIONS.

>> THANK YOU SO MUCH. WE'LL BE HERE.

>> I THINK, TOMMY, YOU HAVE MORE TO PRESENT ON. MORE THINGS.

>> TIRZ NUMBER 2 AGREEMENT, CIA.

LET ME PULL IT UP HERE. I FORGOT THAT I HADN'T LOADED IT YET.

I APOLOGIZE.

AS I MENTIONED, MARY PETTY WITH PT WORKS IS HERE, IF YOU HAVE ANY QUESTIONS.

WE WENT THROUGH THIS VERY QUICKLY AT THE TIRZ BOARD JUST FOR THE BENEFIT OF THE PUBLIC WHO MAY HAVE TUNED IN DURING THE TIRZ BOARD MEETING.

[05:05:03]

I WILL BRIEFLY RUN THROUGH THE CAPITAL IMPROVEMENT AGREEMENT AGAIN.

AS COUNSEL IS AWARE, THESE ARE THE STATED TIRZ GOALS.

AGAIN, I'M NOT GOING TO GO THROUGH THOSE LINE BY LINE.

WE CAN REVISIT THEM IF NEED BE.

THIS IS THE OVERALL BOUNDARY OF THE TIRZ NUMBER TWO.

THIS IS THE ZOOMED IN LOCATION FOR THE LOSTANCIO PROJECT.

THE LINES WITHIN THE BOUNDARY DENOTE THE VARIOUS CAPITAL IMPROVEMENT PROJECTS THAT ARE ASSOCIATED WITH DEVELOPMENT IN THAT AREA.

AS I MENTIONED TO THE BOARD OF DIRECTORS, THIS IS THE BETTER ALIGNED PLAN FOR THOSE CAPITAL IMPROVEMENTS THAT IS ASSOCIATED WITH GREEN BRICK'S PLAN FOR DEVELOPMENT.

THE PROCESS VERY SIMILAR TO THE OTHER CAPITAL IMPROVEMENT AGREEMENT THAT WE'VE DONE.

APPLIES ONLY TO CAPITAL PROJECTS WITHIN TIER 1 OF THE TIRZ 2 FINAL PLAN, WHICH IS THOSE MASTER PLANNED ROAD AND WATER PROJECTS.

IT FOLLOWS THE TOWN'S EXISTING PROCESS WITH THE IMPACT FEE DEVELOPMENT AGREEMENT.

THERE ARE SOME ADDITIONS TO THIS AGREEMENT THAT WERE NOT PRESENT, THE OTHER CAPITAL IMPROVEMENT AGREEMENT.

ONE IS THE ARCHITECTURAL OBLIGATIONS THAT THE DEVELOPER IS CONTRACTUALLY OBLIGATING THEMSELVES TO, WHICH ARE REFLECTED ALSO IN THE ZONING PRESENTATION THAT LEXON JUST PROVIDED.

BECAUSE OF THAT, THIS DOCUMENT WILL BE FILED IN THE DEED RECORDS OF DENTON COUNTY.

IT ALSO INCLUDES THE PROJECT MAP THAT I JUST WENT OVER.

WE DID DISCUSS WITH THE BOARD OF DIRECTORS, A CORRECTION TO THE DEFINITION OF TIRZ REVENUES.

JUST TO DRAW THAT DISTINCTION OF WHAT IT TAKES TO TRIGGER THE COUNTY'S PARTICIPATION.

THEN MARY HAD MORE TIME TO LOOK AT THE AGREEMENT.

WE DO HAVE SOME MINOR CHANGES, NON-SUBSTANTIVE CHANGES, A SCRIVENER'S ERROR WITH TIRZ CREDIT VERSUS TIRZ REVENUE, JUST TO MAKE SURE WE'RE ALL READING THE SAME LANGUAGE.

I'VE OUTLINED THOSE CHANGES HERE ON THE SCREEN.

WE ALSO HAD SOME CLARIFICATIONS ON THE REIMBURSEMENT EXAMPLE.

AGAIN, NON-SUBSTANTIVE AND WANTED TO MAKE SURE BOTH THE DEVELOPER AND THE TOWN WERE ON THE SAME PAGE ON THE MECHANICS OF THAT.

THIS LAST ONE IS THE SAME THING.

I JUST COULDN'T FIT EVERYTHING ON ONE PAGE AND MAKE IT LEGIBLE, SO TIRZ REVENUES INSTEAD OF CREDIT.

THAT CONCLUDES MY PRESENTATION.

MARY PETTY IS HERE, IF YOU HAVE ANY QUESTIONS ABOUT THE TIRZ OR WITH ANY QUESTIONS THAT I CANNOT OTHERWISE ANSWER.

HAPPY TO ANSWER ANY QUESTIONS.

>> I DO HAVE A FOLLOW UP QUESTION TOMMY, AND MAYBE MARY AS WELL.

IT'S TO HELP REFRESH MY MEMORY TOO ABOUT THE TIRZ IN GENERAL.

IF I RECALL CORRECTLY, FUTURE TOWN COUNCILS HAVE THE ABILITY TO MAKE CHANGES TO THE TIRZ, FOR INSTANCE, THE BOUNDARY, AND IF THE NECESSITY OF A SIP CHANGES SUBSTANTIALLY, THE PROJECT CAN BE LISTED.

BUT MY QUESTION REALLY IS IF WE GET DOWN THE ROAD A LITTLE BIT, MAYBE 10, 15, 20 YEARS, AND WE FINISHED THE PROJECTS THAT WERE OUTLINED TO BE INCLUDED FOR THIS, I GUESS, SUB-BOUNDARY OF THE GENERAL TIRZ, WOULD A FUTURE COUNSEL THEN BE ALLOWED, IF EVERYTHING IS SATISFIED, EVERYTHING IS FULFILLED, TO THEN ELIMINATE THIS BOUNDARY FROM THE TIRZ AND END IT BECAUSE IT'S NO LONGER NECESSARY?

>> YOU'RE TALKING ABOUT THE BOUNDARY THAT'S SUBJECT TO THIS CAPITAL IMPROVEMENT AGREEMENT?

>> YEAH. IT'S JUST THIS PORTION.

IF EVERYTHING IS SATISFIED, EVERYTHING IS BUILT, ALL THE MONEY THAT'S NEEDED HAS BEEN DISBURSED APPROPRIATELY.

>> I'M GOING TO DEFER TO MARY ON THAT ONE.

>> SUBJECT TO WHAT TYPE OF AGREEMENT YOU ENTER INTO WITH DENTON COUNTY YOU COULD POTENTIALLY DO THAT, BUT YOU WOULD HAVE TO FOLLOW THE SAME RULES IN CHAPTER 311 AS YOU DID WHEN YOU CREATED IT.

YOU'D HAVE TO CALL A PUBLIC HEARING AND THEN YOU WOULD HAVE TO AMEND THE BOUNDARY.

>> THEN AT THAT POINT, SINCE THAT PART OF THE BOUNDARY WOULD BE AMENDED AND POTENTIALLY WITHDRAWN BECAUSE WE'VE FULFILLED EVERYTHING NEEDED, THEN THOSE FUNDS COULD GENERALLY GO BACK TO THE GENERAL FUND BECAUSE THAT PART WOULD BE DISSOLVED?

>> THAT WOULD BE WHAT WOULD HAPPEN BECAUSE THE STATUTE, CHAPTER 311 OF THE TAX CODE SAYS THAT THOSE DOLLARS RETURNED BACK TO THE TAXING ENTITIES THAT PARTICIPATED, SO IT WOULD GO BACK TO THE TOWNS GENERAL FUND AND IT WOULD ALSO RETURN BACK TO THE COUNTY.

>> GOOD. THANK YOU SO MUCH, THAT WAS MY QUESTION.

YES, MA'AM.

>> MARY, THIS CIA DOCUMENT WE'RE CONSIDERING STATES THAT ONLY CAPITAL IMPROVEMENT PROJECTS IN THIS ZONE WILL BE

[05:10:03]

BASICALLY REIMBURSED TO WHOEVER CONSTRUCTS THEM WITH 50% OF THE INCREMENTAL VALUE IN THIS BOUNDARY PLUS THE IMPACT FEES THAT WERE COLLECTED.

IS THAT THE SIMPLICITY OF IT?

>> YES, SIR. THIS CHARGE WAS CREATED TO ONLY REIMBURSE FOR CAPITAL IMPROVEMENT PROJECTS AND SO YOUR IMPACT FEES FIRST REIMBURSE THE CAPITAL IMPROVEMENT PROJECT, THEN TO THE EXTENT THERE'S NOT SUFFICIENT IMPACT FEES, THEN THE TURS FUNDS WOULD STEP IN AND CONTINUE TO REIMBURSE FOR THAT.

>> IF THERE WAS NO TURS ON THIS PROPERTY, WHAT WOULD HAPPEN AS THESE CAPITAL IMPROVEMENT PROJECTS WERE REQUIRED FOR THIS DEVELOPMENT? HOW WOULD WE PAY FOR THAT?

>> STAFF HAS STATED THAT THE TOWN WOULD HAVE TO ISSUE DEBT OR FIND OTHER REVENUE SOURCES THAT WOULD COME FROM POTENTIALLY AD VALOREM TAXES FROM OTHER PLACES IN THE TOWN.

THIS TURS ESSENTIALLY PROTECTS THE TAXPAYERS FROM HAVING TO TAKE ON DEBT AND PAY FOR DEBT THROUGH THEIR PROPERTY TAXES TO FUND THE PROJECTS THAT WE WOULD HAVE TO PAY FOR REGARDLESS?

>> YES, SIR. THE GOAL OF THE TURS WAS TO ISOLATE THE REVENUES WHERE THEY WERE NEEDED MOST SO THAT THEY WERE NOT BEING OBLIGATED OR OTHER TOWN REVENUES THAT EXIST TODAY WERE NOT BEING OBLIGATED TO PAY FOR TOWN COSTS THAT WERE AN OBLIGATION AS THIS SIDE OF TOWN DEVELOPED.

>> BUT THE TURS IS ONLY 50%, SO WHAT HAPPENS TO THE OTHER 50%?

>> THE OTHER 50% GOES INTO THE GENERAL FUND AS IT WAS CONTEMPLATED.

>> IT WAS A GOOD CLARIFICATION, I LIKE THAT.

>> YES, SIR. THANK YOU.

I GUESS WE HAVE NO OTHER PRESENTERS AND I GUESS THAT'S IT.

WE WILL OPEN THIS TO PUBLIC HEARING.

DO WE HAVE ANY GREEN CARDS? WELL, THEN WE WILL CLOSE THE PUBLIC HEARING IS THERE ANY DELI, I'M SURE THERE'S DISCUSSION ON THIS.

ANYBODY HAVE ANY COMMENTS?

>> ANN DO YOU WANT TO GO FIRST?

>> SURE. I WILL SAY THAT THIS HAS BEEN A LONG TIME COMING, AND ONE OF THE KEY CONCERNS FOR ME ALWAYS WHEN IT COMES TO ZONING IS ADJACENCY ISSUES AND I DO THINK THAT THIS FITS IN THAT AREA.

ORIGINALLY, OF COURSE, IT DIDN'T, BUT PRIOR COUNSELS SAW FIT TO CHANGE COMMERCIAL TO RESIDENTIAL IN ADJACENT AREAS, AND SO IT'S JUST ANOTHER EXAMPLE OF HOW PRIOR COUNSELS DO REALLY IMPACT THE DECISIONS WE'RE ASKED TO MAKE TODAY AND THE CONSIDERATIONS WE HAVE TO GIVE TO THESE DECISIONS.

I THINK THE ADJACENCY RESIDENTIAL TO RESIDENTIAL IS APPROPRIATE AND ESPECIALLY WITH THE SF5, THAT SEEMS VERY CONSISTENT WITH THE AREA.

I'M ALSO HAPPY THAT WE HAVE AN OPPORTUNITY TO CARVE OUT SOME RETAIL SPACE BECAUSE WE'VE BEEN HEARING FOR A LONG TIME THAT RESIDENTS IN THIS AREA OF TOWN NEED AND WANT SOME AMENITIES IN PARTICULAR GROCERY STORE VERY CLOSE BY, SO I REALLY DO LIKE THAT.

I'M HAPPY TO SEE THAT GREENBROOK HAS WORKED IN FLOWER MOUND BEFORE AND IF THEY WERE PRESENT IN THE AUDIENCE, WHICH I COULDN'T SEE FROM MY VANTAGE POINT, THEY SAW THAT WE DO TAKE COLLABORATION VERY SERIOUSLY, AND WE LOOK TO OUR DEVELOPERS TO WORK WITH US TO COME OUT WITH THE BEST PRODUCT FOR OUR RESIDENTS CURRENT AND FUTURE, WHICH THIS WILL BRING NEW RESIDENTS TO OUR AREA, WHICH I'M ALSO EXCITED ABOUT.

I THINK IT IS A GOOD PROJECT, I THINK IT'S A GOOD FIT FOR THE AREA, AND I DON'T HAVE ANY MAJOR CONCERNS.

I THINK STAFF IS IN A WONDERFUL JOB TRYING TO POINT OUT THE INS AND OUTS AND SOME OF THE EXCEPTIONS THAT HAVE BEEN REQUESTED.

I THINK SOME OF THEM MIGHT SEEM UNUSUAL, BUT FOR EXAMPLE, THE NUMBER OF STORIES IN THE ROOF HEIGHT, I DON'T THINK THAT'S AN ISSUE.

I THINK LEXEN COVERED THAT ADEQUATELY, THAT WAS THE MIDDLE OF THE ROOF FOR OUR TYPICAL, AND THIS IS THE PEAK.

I DON'T THINK THAT'S GOING TO BE A PROBLEM.

I WOULD LIKE THAT THEY'VE EXTENDED THE DRIVEWAYS SO THAT YOU CAN ACTUALLY PARK A VEHICLE, EVEN A LONGER VEHICLE IN YOUR OWN DRIVEWAY WITHOUT IT GOING OUT INTO THE STREET OR INTO THE ALLEYWAY, IF THEY HAVE GARAGE IN THE BACK.

I THINK OVERALL, A GOOD JOB WAS DONE, IT'S GOING TO FIT IN THE AREA, AND I THINK NEW RESIDENTS WILL REALLY ENJOY IT. THAT'S ALL.

>> I'M JUST AS FRUSTRATED AS ANYONE THAT SO MUCH OF THIS PROCESS HAD TO TAKE PLACE IN CLOSED SESSION.

WE LIKE TO BE TRANSPARENT, BUT IT'S JUST A SIMPLE FACT OF THAT THERE WAS PENDING LITIGATION AND LATER A REAL ESTATE TRANSACTION, BUT I KNOW THAT WHEN YOU HAVE A VACUUM OF INFORMATION, SOMETIMES THAT GETS FILLED AND NOT EVERYONE UNDERSTANDS WHAT WAS TAKING PLACE.

I DO WANT TO ADDRESS A FEW QUESTIONS TO BREN AND THEN RAY I'M GOING TO ASK YOU TO COME UP TO YOU IN A SECOND, JUST ASK YOU A COUPLE OF QUESTIONS.

BREN, AT ANY TIME DURING THIS PROCESS, GOING BACK TO THE PRIOR APPLICATION, DID WE EVER VIOLATE THE OPEN MEETING ACT?

[05:15:02]

>> NO, IN MY OPINION, I THINK WE WERE STRICTLY ADHERENT TO THE OPEN MEETINGS ACT THE ENTIRE TIME.

>> THANK YOU. DID COUNSEL EVER DISREGARD THE ADVICE FROM OUR ATTORNEY OR YOU OR MR. NOGA?

>> NOT THAT I'M AWARE OF. NO.

>> DID COUNSEL TAKE ANY ACTIONS THAT WERE NOT IN ACCORDANCE WITH THE LAW?

>> IN MY OPINION, THEY DID NOT.

>> THE ZONING WAS INTERIM HOLDING PRIOR TO THE PD THAT WAS APPROVED THE LAST TIME.

WHAT ENTITLEMENTS DOES A PROPERTY OWNER HAVE UNDER INTERIM HOLDING?

>> MY UNDERSTANDING IS IT'S STRICTLY LIMITED TO AGRICULTURAL AND PERHAPS A SINGLE STRUCTURE OR HOUSE WITHOUT THE ABILITY TO SUBDIVIDE THE LAND, WHICH OBVIOUSLY DOESN'T MAKE SENSE FOR A TRACT OF THIS SIZE.

>> WHEN THE PREVIOUS PD WAS APPROVED, THEY WEREN'T DOWN ZONE.

NOTHING WAS TAKEN AWAY, THEY WERE GIVEN ENTITLEMENTS REALLY FOR THE FIRST TIME?

>> CORRECT. THAT'S HOW I WOULD CHARACTERIZE IT.

OBVIOUSLY, THEY WOULD CHARACTERIZE IT DIFFERENTLY BUT THAT'S HOW I WOULD CHARACTERIZE IT.

>> DOES COUNSEL HAVE THE LEGAL RIGHT TO MODIFY A ZONING APPLICATION FOR INTERIM HOLDING WHEN A PD COMES FORWARD?

>> WE SOMEWHAT REGULARLY WILL MODIFY PD STANDARDS AT THE MEETING AS WE DID WITH THE SMITH TRACK APPLICATION.

>> ONE MORE QUESTION SINCE I SAW THIS MENTIONED SOMEWHERE.

WHY DIDN'T OUR NEWLY ELECTED OFFICIALS ATTEND THEIR LAST P&Z MEETING BEFORE THEY WERE SWORN IN?

>> I HAD CONCERNS ABOUT COUNCIL MEMBER ELECT MEMBERS OF P&Z VOTING ON THE APPLICATIONS TWICE.

IN OTHER WORDS, VOTING AT P&Z AND VOTING AT COUNCIL.

BUT OUT OF AN EFFORT TO BE COMPLETELY TRANSPARENT, I ALSO DISCUSSED THIS WITH LATANSI'S ATTORNEY AS WELL AS GREENBROOK DIRECTLY AND ALLOWED THEM TO HAVE THE OPPORTUNITY TO WEIGH IN ON WHAT THEIR PREFERENCE WAS AND THEIR PREFERENCE WAS FOLLOWED.

>> THANK YOU. RAY, CAN YOU COME UP.

>> IF I WERE A MEMBER OF THE PUBLIC LOOKING AT THIS, THE BIGGEST RED FLAG TO ME WOULD BE THIS LAND PURCHASE.

WHAT'S GOING ON? I JUST WANT YOUR ANALYSIS OF IT.

ARE WE PAYING A FAIR PRICE? DO YOU THINK WE'LL EVER BE ABLE TO SELL IT?

>> COUNCILMAN SCHIESTEL, THANK YOU FOR THE OPPORTUNITY TO BE UP HERE.

BUT YES, IT IS A FAIR PRICE.

WE'VE LOOKED AT ALL THE LAND NOT ONLY IN THIS AREA, BUT IN FLOWER MOUND AS A GENERAL, AND THAT PRICE HITS RIGHT AT WHERE THE AVERAGE PRICE IS FOR LAND AND THAT DEVELOPMENT.

WHEN YOU ALSO LOOK AT THE FACT THAT THERE IS NOTHING DEVELOPED ON THAT PARTICULAR PIECE OF PROPERTY CURRENTLY, AS WE'VE TALKED IN THE PAST, THERE'S TIERS THAT HAPPEN.

ONCE THE ROAD GETS PUT IN, THE LAND VALUE GOES UP A LITTLE BIT MORE.

ONCE THE HOUSING STARTS TO GET PUT IN, THAT LAND VALUE GOES UP A LITTLE BIT MORE.

AS SOME OF THE OTHER PROPERTIES SURROUNDING THAT, AS WE'RE WORKING ON THOSE PROPERTIES, AS THOSE COME INTO PLAY, THEN THAT LAND VALUE GOES UP A LITTLE BIT MORE AS WELL.

WE HAVE AN OPPORTUNITY HERE TO NOT ONLY PUT IN RETAIL THAT'S NEEDED OUT THERE, BUT ALSO TO HAVE A PIECE OF PROPERTY THAT'S EXTREMELY VALUABLE.

ONE OF THE THINGS AS ALL OF YOU ARE WELL AWARE OF, WE'VE BEEN TRYING TO LAND A CERTAIN GROCERY STORE IN FLOWER MOUND PROPER.

BUT ONE OF THE ISSUES WE HAVE IS WE DON'T HAVE 20 PLUS ACRES SITTING AVAILABLE TO BE ABLE TO DO THAT.

THAT IS A SITUATION RIGHT NOW THAT WE WILL HAVE AN ACTUAL PIECE OF PROPERTY OUT THERE THAT YOU CAN DO A NUMBER OF DIFFERENT THINGS.

BUT THE MAIN THING IS PUTTING IN AMENITIES OUT THERE THAT THE RESIDENTS CURRENTLY THERE AND THE RESIDENTS THAT WILL BE THERE WILL HAVE OPPORTUNITY TO USE.

>> WE'RE JUST CONVERTING CASH TO AN ASSET, AND THEN LATER WE'LL CONVERT THAT ASSET BACK TO CASH.

WE'RE NOT PAYING CASH TO SETTLE A LAWSUIT?

>> WELL, YOU'RE PAYING CASH FOR AN ASSET THAT'S CONTINUING TO INCREASE.

THEN ON TOP OF THAT, IF YOU LOOK AT WHAT THAT WAS USED FOR, WAS TO BUY DOWN ALSO THE MULTIFAMILY.

AS A 13-YEAR RESIDENT, THAT HAS A VALUE AS WELL.

>> THAT'S RIGHT. THANK YOU, RAY.

>> YES, SIR.

>> JUST ONE QUICK FOLLOW ON QUESTION, RAY.

SORRY. WHAT'S YOUR FEEL FOR THE MARKETABILITY OF THIS LAND FROM A RETAIL AND COMMERCIAL PERSPECTIVE?

>> WE'VE TALKED TO A NUMBER OF DEVELOPERS AS WELL AS INDIVIDUAL BROKERS, AND THEY ARE VERY POSITIVE ON THIS PROPERTY AND WHAT IT CAN HOLD.

I THINK WHAT WE'RE GOING TO HAVE TO DO IS WAIT UNTIL THE INFRASTRUCTURE GETS PUT IN BECAUSE I THINK THAT'S GOING TO BE THE KEY TO ACTUALLY MAKING THINGS MOVE FORWARD.

>> THE OTHER THING THAT WE HAD TALKED ABOUT WAS THE POSSIBILITY TO DO AN RFP TO ACTUALLY BRING IN DIFFERENT DEVELOPERS AND SEE WHAT THEY COULD ACTUALLY PRODUCE ON THAT PROPERTY.

>> THANK YOU. I'LL JUST GIVE MY COMMENTS REAL QUICK.

THERE IS A LOT OF DENSITY AND IT'S NOT NORMALLY SOMETHING I WOULD BE IN FAVOR OF, BUT THERE'S NOTHING NORMAL ABOUT THIS PROPERTY OR THE PROCESS THAT WE GOT HERE.

[05:20:03]

WHEN THE PUBLIC CAME FORWARD IN LARGE NUMBERS, THEY GAVE ME FOUR PRIORITIES.

IT WAS, NUMBER ONE, THEY DON'T UNDER ANY CIRCUMSTANCES WANT MASSIVE WAREHOUSES WITH TONS OF 18-WHEELERS NEXT TO THEIR HOMES AND SCHOOLS.

APPROVING THIS, WE CHECK THAT BOX.

THEY WANT DEVELOPMENT THAT IS COMPATIBLE WITH THE SURROUNDING NEIGHBORHOODS.

AS CHRIS POINTED OUT, WE'VE ACCOMPLISHED THAT.

THE PROPERTY OWNER SHOULD BE ABLE TO FIND A PROFITABLE USE FOR HIS LAND.

I DON'T WANT THAT TO BE LOST EITHER.

THE PROPERTY OWNER IS ALSO A PROPERTY OWNER IN FLOWER MOUND AND HE NEEDS TO BE TAKEN CARE OF AS WELL.

LAST BUT NOT LEAST, BY ANY MEANS, THE RESIDENTS WERE VERY CLEAR THAT WE NEED RETAIL AND COMMERCIAL USE AMENITIES TO SERVE THEIR NEIGHBORHOOD.

BY US ENTERING INTO A REAL ESTATE TRANSACTION, WE CAN ACCOMPLISH THAT.

WITHOUT US IN IT, THAT PROBABLY DOESN'T HAPPEN.

THAT IS WHY I'M IN FAVOR OF THIS AND READY TO VOTE FOR IT. THANK YOU.

>> I HAVE NOTHING ELSE TO ADD. I THINK BETWEEN ADAM AND ANN, THEY'VE PRETTY MUCH SUMMARIZED MY THOUGHTS.

THIS IS A GREAT RESOLUTION TO THIS PROJECT.

IT'S BEEN A LONG TIME COMING. I'M IN FAVOR AS WELL.

>> WHEN THIS LAND DEVELOPMENT CAME UP, WE HAD 3.2 MILLION SQUARE FEET OF WAREHOUSES THAT WERE INITIALLY PROPOSED, AND I WAS OUT THERE ARGUING AGAINST IT.

THEN WE WENT THROUGH LITIGATION AND WE GOT A PROPOSAL FOR 3,200 RESIDENTIAL WITH 2,000 MULTIFAMILY.

WE'VE NEGOTIATED THAT DOWN TO 300 MULTIFAMILY AND 1,500 SINGLE FAMILY HOMES.

I'M NOT A BIG FAN OF THE MULTIFAMILY.

I WANT 100% OWNERSHIP FOR FUTURE RESIDENTS.

THAT SAID, WE'RE ALSO DOING THIS REAL ESTATE PURCHASE TO DRIVE UP THE QUALITY OF THE DEVELOPMENT AND NOT PUSH THE TOWN INTO A FRIVOLOUS LAWSUIT, WHICH WILL COST US QUITE A BIT. THAT'S ALL I HAVE.

>> JANVIER, DO YOU HAVE ANYTHING, OR ANN?

>> NOTHING MORE TOO ADD.

>> WELL, I WENT FIRST, SO I'M ALL DONE.

>> WE'RE ALL DONE?

>> THANKS.

>> WELL, I CAME IN LATE TO THIS GAME.

IT'S BEEN INTERESTING TO WATCH SOME OF THIS OVER TIME.

I AGREE WITH CHRIS, I'M NOT FOR THE HIGH DENSITY, AND ADAM AS WELL.

BUT GIVEN THE SITUATION, IT LOOKS LIKE IT'S GOOD.

I'M NOT VOTING ON THIS.

YOU GUYS CAN MAKE A MOTION, IF YOU'RE READY TO DO THAT.

WE HAVE THREE DIFFERENT ITEMS.

>> I'M READY, MAYOR. I'LL MOVE APPROVAL OF MPA 23-0006 AS PRESENTED.

>> WE HAVE A MOTION AND A SECOND FOR ITEM NUMBER 8.

CAN YOU CALL THE ROLL, TERESA?

>> THAT PASSES BY UNANIMOUS VOTE.

WE'LL MOVE ON TO ITEM NUMBER 9.

>> MOVE APPROVAL OF ZPD 23-0014 AS PRESENTED.

>> WE'LL TAKE A ROLL CALL ON THAT.

>> NAY.

>> IT PASSES BY FOUR FOR ITEM NUMBER 9.

THEN WE WILL GO ON TO THE LAST ITEM, NUMBER 10.

>> MOVE APPROVAL OF REGULAR ITEM K10 WITH CORRECTIONS AS PRESENTED TONIGHT.

>> CAN WE TAKE A ROLL CALL?