1 00:00:00,000 --> 00:00:02,000 All 2 00:00:23,600 --> 00:00:28,920 right, everybody ready? 3 00:00:29,920 --> 00:00:37,360 All right, let's uh get this show started. 4 00:00:34,320 --> 00:00:41,320 Um, first of all, it's called order and then roll call, please. 5 00:00:42,960 --> 00:00:46,079 » Patrick Kizac >> here. 6 00:00:44,800 --> 00:00:49,680 » Chelsea Young >> here. 7 00:00:47,120 --> 00:00:52,879 » Tony Love absent. Doug Thomas 8 00:00:51,680 --> 00:00:57,559 » here. >> Michelle Beesky 9 00:00:54,559 --> 00:00:57,559 » here. 10 00:00:59,520 --> 00:01:05,640 All right. And if everybody stand for the pledge of allegiance 11 00:01:08,479 --> 00:01:17,200 to the flag of the United States of America and to the republic for which it 12 00:01:13,840 --> 00:01:22,840 stands, one nation under God, indivisible, with liberty and justice 13 00:01:19,680 --> 00:01:22,840 for all. 14 00:01:25,520 --> 00:01:32,400 All right. So, thanks for everybody for showing up 15 00:01:29,119 --> 00:01:36,159 here this evening. Um, there any comments that's not on the 16 00:01:34,640 --> 00:01:39,799 agenda this evening that somebody wants to speak to? 17 00:01:41,119 --> 00:01:49,200 All right, close that out. All right, let's move to the approval of 18 00:01:47,280 --> 00:01:52,960 the minutes from last meeting on August 3rd, 2026. 19 00:01:51,439 --> 00:01:56,799 Everybody has a copy of that, I would assume. 20 00:01:54,799 --> 00:02:01,159 Please look it over if you have any questions or disagreements or 21 00:02:10,399 --> 00:02:19,640 » I'll make a motion to approve the minutes from last meeting. Second. 22 00:02:16,239 --> 00:02:19,640 » All in favor? 23 00:02:21,840 --> 00:02:24,920 All right. 24 00:02:26,080 --> 00:02:34,560 All right. First piece of business tonight 25 00:02:30,560 --> 00:02:38,920 is one we're all familiar with, right, Miguel? 26 00:02:35,920 --> 00:02:38,920 » Yes. 27 00:02:41,840 --> 00:02:48,599 » All right. this uh case number 26-001 28 00:02:49,040 --> 00:02:54,160 uh concerning 520 Milton Street. Continue public hearing, consider 29 00:02:52,480 --> 00:02:58,720 testimony, and make a recommendation to the city council on a request to amend 30 00:02:56,319 --> 00:03:03,120 the zoning ordinance and zoning map of the city of Josephine, each being part 31 00:03:00,720 --> 00:03:08,879 of a code of ordinance from LR or from local retail to plan 32 00:03:06,879 --> 00:03:14,480 development with a base zoning of local retail on two parcels of land totaling 33 00:03:10,800 --> 00:03:17,959 approximately 1.4 42 acres located 520 Milton Street. 34 00:03:18,800 --> 00:03:25,920 » Okay. Um if you will call the time to open the public hearing 35 00:03:24,239 --> 00:03:31,840 is >> 602 36 00:03:28,239 --> 00:03:37,319 and um we can either have people speak if anybody wants to speak for against 37 00:03:33,760 --> 00:03:37,319 the item beforehand. 38 00:03:37,360 --> 00:03:41,640 Anybody have any questions, comments? 39 00:03:41,760 --> 00:03:52,000 Okay. So, um I'll I'll introduce the item um for those who are watching. Um 40 00:03:48,000 --> 00:03:59,360 this is a planned development for a uh singlestory strip mall, 14,880 41 00:03:55,200 --> 00:04:04,560 ft² building at 520 Milton Street. Um we have been working with the applicant on 42 00:04:02,000 --> 00:04:09,760 this project for over a year now. That process has included a a straight 43 00:04:06,640 --> 00:04:14,640 reszoning to to local retail and now this plan development application that's 44 00:04:12,000 --> 00:04:21,840 been uh through several design iterations for the last uh 5 months now 45 00:04:19,280 --> 00:04:28,720 um including just tableabling due to concerns and and the time it takes to 46 00:04:24,400 --> 00:04:34,720 address these concerns. Um if you will go through the uh 47 00:04:32,479 --> 00:04:40,560 if we can go to the landscaping exhibit I think that shows the the best picture. 48 00:04:38,960 --> 00:04:46,800 Um that will be exhibit D. So uh exhibit D 49 00:04:44,880 --> 00:04:53,280 shows probably the most complete picture. As you can see, the the layout 50 00:04:50,479 --> 00:04:58,479 of the site remains practically unchanged from last time with the 51 00:04:55,600 --> 00:05:04,560 exception of the new emergency access fire lane um onto FM6. 52 00:05:02,080 --> 00:05:09,600 After extensive lobbing efforts by the applicant, Texot has agreed in principle 53 00:05:06,960 --> 00:05:15,840 and I think they have a permit already approved to construct this emergency 54 00:05:12,560 --> 00:05:21,280 entry. This entry will be gated only to be used by first responders in the case 55 00:05:18,160 --> 00:05:26,720 of an emergency. It will not allow for general circulation. So, the general 56 00:05:23,600 --> 00:05:32,800 population will use the Milton Street as an driveway as their only way to get in 57 00:05:29,520 --> 00:05:38,639 and out. Um after this um change in their design, 58 00:05:35,840 --> 00:05:44,639 our our fire chief is um comfortable with and and um reviewed the new layout 59 00:05:42,400 --> 00:05:50,639 and and is fine, you know, and recommends approval. 60 00:05:46,720 --> 00:05:55,520 Um we um made some changes to the exhibit B which is the plan development 61 00:05:52,720 --> 00:06:02,639 standards to address some items that had not been previously addressed 62 00:05:59,199 --> 00:06:08,319 namely the limit on hours of operation if there's any outdoor 63 00:06:04,960 --> 00:06:16,880 uh dining or any outdoor uh business activity. and also um adding some uh 64 00:06:13,280 --> 00:06:22,160 noise noise um prohibitions, right? So, no outdoor speakers after, you know, a 65 00:06:19,680 --> 00:06:26,720 certain time. And this is to protect the areas around. 66 00:06:24,319 --> 00:06:30,000 Um I think that's really it. I mean, I've explained this project probably 67 00:06:28,319 --> 00:06:35,919 like five or six times to this commission. So, um if you have any 68 00:06:32,800 --> 00:06:41,759 questions on the layout, the applicant is here, the property owner, developer, 69 00:06:38,960 --> 00:06:48,280 and they also have a their consulting uh design team here to answer questions you 70 00:06:44,000 --> 00:06:48,280 may have from for them. 71 00:06:56,960 --> 00:07:04,759 » Long. Yes. 72 00:07:01,759 --> 00:07:04,759 » Yeah. 73 00:07:12,800 --> 00:07:18,319 » I'm softspoken. So, what did you guys think about the 74 00:07:16,160 --> 00:07:23,199 letter that was included as an exhibit here? 75 00:07:21,120 --> 00:07:26,960 » Some of the concerns maybe we can discuss 76 00:07:24,880 --> 00:07:31,520 » about the traffic. Yeah, I think the traffic and I mean it's clear that that 77 00:07:28,800 --> 00:07:36,800 is going to be the only or the main way to get in and out of is going to be on 78 00:07:34,319 --> 00:07:38,160 Milton Street. The other one's just for emergency. 79 00:07:37,680 --> 00:07:42,560 » Yep. >> Ingress egress. 80 00:07:39,360 --> 00:07:47,919 » So Mike I the entryway shouldn't bother those homes too much cuz 81 00:07:45,039 --> 00:07:50,560 » they're behind the building off if you're looking at the building off to 82 00:07:49,120 --> 00:07:53,759 the to the left. >> Gotcha. Um 83 00:07:51,520 --> 00:07:59,039 » so it's not this lot too. What what is right there next door in this lot? there 84 00:07:55,599 --> 00:08:02,000 is to to the west. Um, so to the left of the image you're looking at is a city 85 00:08:00,639 --> 00:08:06,639 water tower. >> To the right is a single family home. I 86 00:08:04,720 --> 00:08:11,280 I believe the applicant has been in constant contact with that property 87 00:08:08,560 --> 00:08:14,160 owner regarding this project. Um, so I know they've been out there surveying. 88 00:08:12,639 --> 00:08:18,960 They've been looking at the fencing situation, how that's going to be 89 00:08:15,680 --> 00:08:24,479 addressed. I do want to clarify that one of the requests from this applicant is 90 00:08:22,000 --> 00:08:29,280 to not have a fence along the back side of the property facing the railroad 91 00:08:27,599 --> 00:08:34,000 tracks. Now, I concurred with that request because we want to prevent that 92 00:08:31,840 --> 00:08:38,399 canyon feeling and it's it's a public safety issue as well. If there is a 93 00:08:36,479 --> 00:08:44,240 trail there, which there is a plan to have a regional rail uh trail going 94 00:08:40,479 --> 00:08:49,920 through that back rideway, we want to provide ways for people to get in and 95 00:08:46,240 --> 00:08:55,040 out. Um I I worked in in Denton County along the Katy the the Denton Katy Trail 96 00:08:52,880 --> 00:08:58,640 and we've had issues um in the Corinth area and Lake Dallas, particularly in 97 00:08:57,200 --> 00:09:03,279 the Lake Dallas area with those situations where you have that canyon 98 00:09:00,080 --> 00:09:08,880 effect, no way in or out. So that is the reason why I recommend approval of that 99 00:09:06,959 --> 00:09:15,600 departure for not having a fence. Now you're you're you as a commission can 100 00:09:11,040 --> 00:09:20,800 ask for that. I wouldn't recommend it. Uh and then to to address the question 101 00:09:17,519 --> 00:09:25,200 about traffic. So yes, the traffic in and out will be concentrated along 102 00:09:22,800 --> 00:09:31,600 Milton. This is twofold. Number one is that when FM6 is widened, they will have 103 00:09:28,000 --> 00:09:38,080 medians now. So they won't the it'll be the left turns will be reduced all over 104 00:09:34,240 --> 00:09:42,480 that throughout the length of FM6. So you know even if they have that open to 105 00:09:40,000 --> 00:09:47,120 the public the emergency access is just not going to work. Uh secondly is we 106 00:09:45,760 --> 00:09:50,880 want to reduce the number of intersections. Anytime you create a 107 00:09:48,800 --> 00:09:56,080 four-way intersection be it a driveway or a regular intersection you have 32 108 00:09:53,440 --> 00:10:01,519 points of conflict potential points for a collision. So you want to reduce that 109 00:09:59,040 --> 00:10:07,519 and that was the purpose of other departures of reducing driveways as a 110 00:10:03,760 --> 00:10:13,200 whole. So we have taken all of those things into consideration throughout 111 00:10:09,680 --> 00:10:18,240 this process. Um and and the resident has raised concerns. We've addressed 112 00:10:15,760 --> 00:10:23,200 lighting. This was even before the resident brought in these concerns. We 113 00:10:20,399 --> 00:10:28,640 looked at lighting. Uh we've looked at you know the layout. uh trying to shift 114 00:10:25,360 --> 00:10:33,120 the building away from the homes as as far as possible because their previous 115 00:10:30,959 --> 00:10:39,760 iteration actually had this building backed up right to the house on Milton. 116 00:10:36,079 --> 00:10:47,040 So the the applicants design team has worked to try to minimize the conflicts 117 00:10:42,720 --> 00:10:53,440 in in collaboration with us. >> Thank you. Mhm. 118 00:10:50,560 --> 00:10:57,760 » Uh speaking of uh widening six, whether it goes two or six or four or six lanes. 119 00:10:56,079 --> 00:11:02,880 » So the >> is that going to cut into that property? 120 00:11:00,800 --> 00:11:05,920 » Not to my knowledge, the my understanding and the applicant can 121 00:11:04,399 --> 00:11:09,519 address that question, but my understanding is that this project has 122 00:11:07,760 --> 00:11:16,240 been designed um with uh consideration of potential 123 00:11:13,519 --> 00:11:20,959 right-of-way acquisition at a later point. The way text works is they'll 124 00:11:18,880 --> 00:11:25,440 acquire all of the rightway for an ultimate buildout for up to six lanes, 125 00:11:23,920 --> 00:11:31,440 but they don't build the six lanes right away. They'll build four 126 00:11:28,000 --> 00:11:36,480 um with a wide median. And then to build the the third lane on each direction, 127 00:11:34,000 --> 00:11:40,240 they cut into the median. So that's been their mo lately. So 128 00:11:38,320 --> 00:11:45,600 » they when they build four, they go very wide so that you know exactly where the 129 00:11:42,800 --> 00:11:51,279 ultimate buildout is going to be. And I I think you could maybe presuppose that 130 00:11:47,920 --> 00:11:58,720 the uh property was a rectangle before and uh Textook 131 00:11:53,600 --> 00:12:03,120 over that corner uh has already um uh annexed or dedicated that as a right 132 00:12:01,680 --> 00:12:08,720 away. It looks like on the on the map here. I I I have a comment about the 133 00:12:06,880 --> 00:12:13,600 letter. I don't know the history about the 134 00:12:10,800 --> 00:12:20,160 property that we're reviewing here, but uh the base zoning uh was already local 135 00:12:16,800 --> 00:12:24,639 retail and I think a lot of the concerns um this is not the appropriate time to 136 00:12:22,959 --> 00:12:32,560 address them. They they they should have been addressed and um potentially uh 137 00:12:29,920 --> 00:12:36,959 you know heard out when this was changed to a retail lot. And it does look like a 138 00:12:35,600 --> 00:12:42,320 lot of things have been done to accommodate uh the the adjacent 139 00:12:39,760 --> 00:12:46,079 residential. A lot of times we would be putting a buffer in or something like 140 00:12:44,240 --> 00:12:49,920 that. And again, the building is offset about as far as it looks like they can 141 00:12:48,079 --> 00:12:54,560 get it from that local from that adjacent residential property. 142 00:12:52,560 --> 00:12:59,120 » I agree with that. I think they have we have done a lot to try to accommodate 143 00:12:56,880 --> 00:13:03,920 and I I do think normally you would have a buffer and I did expect to see that 144 00:13:01,040 --> 00:13:08,560 but after hearing your explanation I think it is a lot safer to not have a 145 00:13:06,240 --> 00:13:13,600 trail enclosed for the width >> right and you know we had discussed 146 00:13:11,279 --> 00:13:18,000 widening that buffer for landscaping so there's going to be a a row of shrubs 147 00:13:16,000 --> 00:13:21,920 that will grow to create a visual barrier and you know it's not just 148 00:13:20,399 --> 00:13:25,279 having a fence because there there will be an opening 149 00:13:23,200 --> 00:13:30,639 so that eventually people can walk off the trail into whatever businesses come 150 00:13:28,160 --> 00:13:35,120 here. So there there is an there is an opportunity here where they will build a 151 00:13:33,120 --> 00:13:39,040 sidewalk connection at the property line so that if there's a trail you can just 152 00:13:36,880 --> 00:13:45,920 walk off that trail into whatever businesses go go here and um and and our 153 00:13:43,040 --> 00:13:50,800 commissioner Chapel is correct. This was zoned for a commercial purpose already 154 00:13:48,560 --> 00:13:58,480 back in our local retail purpose back in January. Um I will um clarify just for 155 00:13:55,600 --> 00:14:05,760 context that this resident moved in I believe in April or May. So um the the 156 00:14:02,880 --> 00:14:11,360 property owner moved in after that change had happened. But as it is now as 157 00:14:09,279 --> 00:14:18,199 it was then letters went out to all property owners. Nobody spoke for or 158 00:14:14,000 --> 00:14:18,199 against it at that time. 159 00:14:18,720 --> 00:14:27,680 » Yeah. >> Yeah. I think to to be that close to 160 00:14:24,240 --> 00:14:36,160 six, which is nearly a thorough affair already. And and to have a um um 161 00:14:33,120 --> 00:14:39,600 expectation of a low amount of traffic on your property, I think that kind of 162 00:14:37,839 --> 00:14:43,600 goes above and beyond what someone reasonably might expect who would have 163 00:14:41,440 --> 00:14:47,480 purchased that property on a re next to a retail lot right there. 164 00:14:49,360 --> 00:14:56,079 Miguel, what did you say about the patio situation there? 165 00:14:52,560 --> 00:15:00,000 » So, if there were to be any patios on this property 166 00:14:57,839 --> 00:15:04,079 there, the hours of operation would be limited and then the sound would be, let 167 00:15:02,480 --> 00:15:08,399 me find the exact wording of this. >> 10 p.m. to 7:00 a.m. This is you can't 168 00:15:06,399 --> 00:15:10,399 there's no no outdoor activity. >> Correct. 169 00:15:08,800 --> 00:15:13,920 » 10 p.m. to 7:00 a.m. >> Correct. 170 00:15:12,079 --> 00:15:18,000 » So, what's uh from the back of the building to their to the property line? 171 00:15:16,399 --> 00:15:26,079 How far is that? >> The width of the railroad property is 172 00:15:21,040 --> 00:15:30,000 100 ft. So it's 100 some give or take. >> I mean well the back of the I mean the 173 00:15:28,160 --> 00:15:33,279 this property owner can't go into the railroad property. So what's the 174 00:15:31,760 --> 00:15:37,040 distance from the back of this building that's want to be built to railroad 175 00:15:35,040 --> 00:15:43,880 property? >> The back of this building to a railroad 176 00:15:38,880 --> 00:15:43,880 property about 10 ft. So, 177 00:15:44,000 --> 00:15:47,040 » yeah, there's no >> Yeah, 178 00:15:45,760 --> 00:15:50,639 » I don't think a patio could fit in there. 179 00:15:48,160 --> 00:15:56,160 » Well, the patios could be for on the corners and the applicant design team 180 00:15:52,959 --> 00:15:59,279 could address that possibility. Um, I I rather let them answer. Sunny, would you 181 00:15:58,320 --> 00:16:04,880 mind? >> There's a there's a 100 ft buffer 182 00:16:02,480 --> 00:16:06,880 between this property and the neighbor that sent the letter. 183 00:16:06,560 --> 00:16:09,040 » Yes. >> Is that correct? 184 00:16:07,759 --> 00:16:14,160 » 100 foot plus. >> Yeah. 185 00:16:10,880 --> 00:16:22,240 And you know I that right ofway could become an active 186 00:16:18,639 --> 00:16:28,079 rail line at some point in the future. We've been told to design as if there 187 00:16:24,720 --> 00:16:33,040 will be one there because the the rail district that owns it is actively 188 00:16:30,639 --> 00:16:40,240 looking to develop redevelop that again as an active freight rail line. 189 00:16:36,000 --> 00:16:48,199 So that's something that I also have to consider when designing these or helping 190 00:16:43,839 --> 00:16:48,199 developers go through the process. 191 00:16:49,360 --> 00:16:58,399 » My name is I'm the manager here on this resale 192 00:16:53,920 --> 00:17:04,079 street to address the uh patio the sides of the building. Um that's 193 00:17:01,440 --> 00:17:10,079 just the sidewalk from the building separating 194 00:17:06,880 --> 00:17:14,079 » separating the uh the parking spaces along with the uh the building so we 195 00:17:11,839 --> 00:17:18,720 have a good you know safety distance for like residents to walk the sidewalk and 196 00:17:16,000 --> 00:17:22,880 whatnot. So the sides are not a patio. The patio spaces if there were to be and 197 00:17:21,600 --> 00:17:26,559 that's going to be totally up to the future uses of the you know like let's 198 00:17:25,039 --> 00:17:31,120 say we have a retail restaurant user right? If you guys can see that angled 199 00:17:28,720 --> 00:17:36,400 curve right besides each side of the building um along the uh the parking 200 00:17:34,080 --> 00:17:42,880 spaces on the corners, that can be potentially um a gated patio. And that's 201 00:17:39,520 --> 00:17:48,640 again if a future tenant were to come in and want that corner space and want to 202 00:17:46,320 --> 00:17:52,640 um take advantage of that space there to build out a patio. I mean, I think 203 00:17:50,640 --> 00:17:55,840 that's very great for the uh the community itself. you know, you get like 204 00:17:54,080 --> 00:18:02,880 a fine dining in restaurant experience indoor and out. And um I know that we 205 00:18:00,080 --> 00:18:07,919 did address some of the uh the comments for the residents as far as the noise 206 00:18:05,440 --> 00:18:13,840 and um our team, the development team and everyone like that along with sides 207 00:18:09,840 --> 00:18:18,559 things are okay with operating and you know we'll let the future users know 208 00:18:15,919 --> 00:18:24,640 that um you cannot use or utilize the outdoor patio at past 1000 p.m. Um, as 209 00:18:21,840 --> 00:18:28,640 far as speakers outdoors, typically that's like more in the high-end 210 00:18:26,480 --> 00:18:32,080 restaurant users, you know, you know, if you guys ever gone out to like Legacy 211 00:18:30,160 --> 00:18:37,200 West or Grandcape and all that stuff, like you obviously have like the TVs, 212 00:18:33,679 --> 00:18:41,200 the bars, the loudspeakers outdoors. Um, but again, that's more of the high-end 213 00:18:39,440 --> 00:18:44,559 users for restaurant space. But if there were to be someone that wants to come in 214 00:18:42,720 --> 00:18:49,360 and at least put some speakers outdoors in that patio's um area in that corner 215 00:18:46,880 --> 00:18:55,520 of the building, um, we would also let them know that, hey, there is a um, PD 216 00:18:52,240 --> 00:18:59,360 in place that past 1000 p.m. that in favor of the residents and the community 217 00:18:57,440 --> 00:19:04,240 that, you know, we're not going to be loud here and whatnot. So, we would be 218 00:19:01,120 --> 00:19:11,720 totally okay with not having um future tenant users operate speakers and the 219 00:19:07,440 --> 00:19:11,720 patio space past 10 p.m. 220 00:19:12,080 --> 00:19:18,720 And again, we don't know who's going to be there as of now. I mean, it may be a 221 00:19:16,640 --> 00:19:23,679 cat a coffee shop that wants to use that patio space. Typically, coffee shops are 222 00:19:21,520 --> 00:19:28,880 open till what? 7 8:00 p.m. And typically where I always see them, open 223 00:19:25,440 --> 00:19:34,000 till. But again, it just goes down to who's going to be utilizing that space. 224 00:19:31,280 --> 00:19:39,480 And even if they do take that space, it's totally up to the ten if they want 225 00:19:35,440 --> 00:19:39,480 to build out a patio or not. 226 00:19:46,240 --> 00:19:56,240 Any other comments? My comment might be as far as the noise 227 00:19:52,240 --> 00:19:58,960 control is um I imagine that the the property manager here will have that 228 00:19:57,679 --> 00:20:02,799 relevant information in the lease agreements with the tenants, but I don't 229 00:20:00,720 --> 00:20:08,880 know that the teeth that the what type of teeth the city has to enforce things 230 00:20:06,000 --> 00:20:14,080 like that and you know what what is considered uh you know what might be 231 00:20:11,440 --> 00:20:17,120 considered a noise violation and that that might be something that the 232 00:20:15,039 --> 00:20:22,080 resident you know might um have some solace in that you you know, how how 233 00:20:19,280 --> 00:20:26,160 will we do we have a plan to defend an ordinance like this telling them that 234 00:20:24,480 --> 00:20:31,840 they have to be quiet at night? >> So, to clarify, we we wrote actually a 235 00:20:28,799 --> 00:20:37,679 full prohibition on outdoor sound like so so amplified sound. So, we we did a 236 00:20:34,799 --> 00:20:42,640 full prohibition on speakers outdoors at all times. 237 00:20:39,840 --> 00:20:48,320 You can make the change to that if you want to grant the applicant flexibility. 238 00:20:45,679 --> 00:20:52,240 You can do that. The way I wrote this is to be amplified sound shall be 239 00:20:50,240 --> 00:20:57,679 prohibited at all times. Now to address a question about hours of let's for 240 00:20:54,720 --> 00:21:01,360 example say hours of operation. This becomes part of your zoning ordinance. 241 00:20:59,440 --> 00:21:05,919 So our zoning ordinance contains pro provisions on violations. There's fines. 242 00:21:03,679 --> 00:21:09,919 There's you know you know >> someone could call the PD and they could 243 00:21:08,000 --> 00:21:14,799 respond and tell them to shut it down. >> The police department would be the the 244 00:21:11,919 --> 00:21:19,280 enforcement arm for for this ordinance. >> Okay. 245 00:21:16,799 --> 00:21:24,400 And just to clarify with staff as well, this is for the outdoor patio to be used 246 00:21:22,080 --> 00:21:28,720 until 1000 p.m. Again, when it comes to a restaurant user, again, a lot of 247 00:21:26,640 --> 00:21:32,799 restaurants do shut down by 10:00 p.m. Weekends, they might be open till 11:00, 248 00:21:30,640 --> 00:21:38,000 but again, that's that's the, you know, the users hours of operation if they 249 00:21:35,520 --> 00:21:43,280 want to go until 10:00 p.m., 11:00 p.m. I don't see anyone being open till 250 00:21:40,400 --> 00:21:48,240 midnight, 1 or 2 a.m. But again, again, that outdoor reasoning for the noise and 251 00:21:46,240 --> 00:21:51,760 stuff like that for everyone and all the residents around in that area, we're 252 00:21:49,919 --> 00:21:56,480 totally on board with the city staff to uh limit those hours for the tenants and 253 00:21:54,000 --> 00:22:01,720 they will be in the leases as well when we draft leases with future tenants. 254 00:21:58,720 --> 00:22:01,720 » Okay. 255 00:22:03,440 --> 00:22:09,520 that to his point and kind of to the larger broader discussion here, I don't 256 00:22:08,080 --> 00:22:13,600 see any language here that might prohibit a nightclub coming in there and 257 00:22:12,000 --> 00:22:17,760 staying open till 2:00 in the morning indoors. 258 00:22:15,760 --> 00:22:24,720 the uses um for this ordinance refer to the 259 00:22:22,559 --> 00:22:28,880 » coffee shop staying open till >> they they um 260 00:22:26,400 --> 00:22:33,760 » excuse me >> for that type of use we refer back to 261 00:22:31,120 --> 00:22:35,919 our use chart in the base ordinance. So it's it's 262 00:22:34,159 --> 00:22:41,919 » the local retail zoning ordinance. >> Yeah. Chapter 22 or of the or section 22 263 00:22:39,200 --> 00:22:47,440 of our zoning ordinance has a use chart and it lists all the uses that that can 264 00:22:44,720 --> 00:22:51,760 occur. Nightclubs like which is basically a bar are not an 265 00:22:50,080 --> 00:22:56,400 allowed use in the city right now period. They're not defined as a use. So 266 00:22:53,520 --> 00:23:01,440 they're not allowed as a use. Um we added the a clarified definition of a 267 00:22:59,600 --> 00:23:05,840 restaurant that can serve alcohol or not. they have the option into this 268 00:23:03,840 --> 00:23:11,919 ordinance specifically for this building only. But that will be addressed at a 269 00:23:08,880 --> 00:23:17,840 later time for the rest of the city. But a nightclub is not an authorized use for 270 00:23:15,360 --> 00:23:22,240 this um ordinance. >> I'm not against nightclubs. I made it 271 00:23:19,520 --> 00:23:24,000 through college working at nightclubs at night. So, 272 00:23:22,960 --> 00:23:27,600 » but but you know, >> maybe not right there on Milton Street, 273 00:23:25,440 --> 00:23:31,520 » but the >> the end goal on as far as our end as 274 00:23:29,760 --> 00:23:35,760 well to address that comment is to make this retail shopping center as most 275 00:23:34,000 --> 00:23:41,280 friendly possible along with being a family oriented place. Um, again, 276 00:23:38,720 --> 00:23:46,480 there's a lot of demand for retail here and that's not just food. That can be 277 00:23:43,280 --> 00:23:50,720 doughnut shops, cafe shops, dentistries, massage therapists, like any there's 278 00:23:48,880 --> 00:23:55,120 hundreds of, you know, retail uses out there that we can use here in the city 279 00:23:52,960 --> 00:24:01,760 of Josephine. So, our goal is to address that. And I assure you, we don't want 280 00:23:58,640 --> 00:24:06,559 the loud noise and that type of crowd coming here late at night. So, we're 281 00:24:04,080 --> 00:24:13,159 going to be very um picky ourselves with what type of uh tenant mix we have here 282 00:24:09,039 --> 00:24:13,159 for the 14,000 ft. 283 00:24:14,640 --> 00:24:23,600 Do we have to close? >> Yes. If if if uh well, we allowed this 284 00:24:21,120 --> 00:24:29,440 to in case the somebody showed up that wanted to speak. Um the chairman needs 285 00:24:27,039 --> 00:24:33,200 to ask. Perfect. >> Um, 286 00:24:31,440 --> 00:24:37,279 » if the commission is done with questions for staff or the applicant, um, if the 287 00:24:35,760 --> 00:24:40,960 chairman will ask if there's anybody from the public that wants to speak for 288 00:24:39,440 --> 00:24:45,440 or against this item, you have to formally say that. And then if not, you 289 00:24:44,000 --> 00:24:48,919 can close the public hearing and note the time, please. 290 00:24:50,720 --> 00:24:54,200 » Any other comments? 291 00:24:54,320 --> 00:24:57,559 » Thank you. 292 00:24:58,960 --> 00:25:06,120 All right, we'll uh close the public hearing 293 00:25:03,120 --> 00:25:06,120 and 294 00:25:06,159 --> 00:25:15,919 » Jesus Christ. >> 6:24 295 00:25:11,440 --> 00:25:19,320 and uh take a vote on this. All in favor? 296 00:25:19,600 --> 00:25:27,360 » Yeah. >> Make a motion, somebody please. 297 00:25:23,200 --> 00:25:27,360 » Yeah, a motion approved. 298 00:25:28,480 --> 00:25:35,279 We can't hear you. >> And yeah, 299 00:25:31,840 --> 00:25:38,279 » I make a motion to approve the zoning uh 26-001502 300 00:25:38,720 --> 00:25:42,120 Milton Street. 301 00:25:42,880 --> 00:25:48,200 » I second. >> All in favor? 302 00:25:49,840 --> 00:25:53,640 » All right, motion passes. 303 00:25:56,799 --> 00:26:01,080 tight. >> All right. 304 00:26:06,880 --> 00:26:09,960 » All right. 305 00:26:17,360 --> 00:26:20,360 » Yeah. 306 00:26:21,120 --> 00:26:25,799 » All right. Uh, next item, 307 00:26:28,400 --> 00:26:32,039 case numbersw SW-26-002. 308 00:26:34,480 --> 00:26:41,679 City counts on a request for a subdivision waiver on section 3.9.B 309 00:26:40,000 --> 00:26:45,159 wastewater service requirements and section 1.114. 310 00:26:46,320 --> 00:26:51,360 MM minor plat utility service requirements of the subdivision 311 00:26:49,760 --> 00:26:57,360 ordinance in conjunction with a proposed minor plat for a 347 acre prop property 312 00:26:55,760 --> 00:27:03,080 generally located at the southwest corner of FM6 313 00:26:59,279 --> 00:27:03,080 and county road 637. 314 00:27:03,440 --> 00:27:10,720 » All right, Mr. Chairman, members of the commission, for the record, Miguel Clan, 315 00:27:07,120 --> 00:27:15,760 city planner, uh if you will open the public hearing and call the time and 316 00:27:12,320 --> 00:27:21,400 then I'll introduce the item. Open the public hearing 317 00:27:18,400 --> 00:27:21,400 626. 318 00:27:21,440 --> 00:27:25,320 » All right. Um 319 00:27:25,440 --> 00:27:35,919 this is a um sub it's an un an orthodox item. Uh we received a minor plat 320 00:27:32,640 --> 00:27:41,760 application for this very small and very very oddly shaped lot at the southwest 321 00:27:38,720 --> 00:27:46,640 corner of Cany Road 637 and FM6 which is before the curve on the very 322 00:27:44,000 --> 00:27:50,159 southwestern side of the city. This property is actually determined to be in 323 00:27:48,480 --> 00:27:54,240 the ETJ. Uh 324 00:27:52,080 --> 00:28:01,600 during the review process we have to verify the availability of utilities. Uh 325 00:27:58,880 --> 00:28:08,080 there are no utilities near this site because it's very small. The county 326 00:28:04,720 --> 00:28:14,799 would not approve a a septic facility. Uh the intended purpose of this lot is 327 00:28:10,960 --> 00:28:20,399 to establish a uh a potentially a communications tower like a cell tower. 328 00:28:18,320 --> 00:28:26,000 Um and they're here because that use 329 00:28:23,679 --> 00:28:30,559 wouldn't really require you know sewer service. So they are asking for a waiver 330 00:28:29,039 --> 00:28:38,720 to uh be allowed to not be required to 331 00:28:34,080 --> 00:28:42,960 connect to the city sewer system. Um if at any time they want to redevelop the 332 00:28:40,799 --> 00:28:50,399 site, they'll have to either buy more land or connect to city water 333 00:28:46,960 --> 00:28:55,279 or and sewer later for a purpose that would require that. Given that the 334 00:28:52,159 --> 00:29:00,080 intended purpose is not is not something that requires services, we recommend 335 00:28:57,440 --> 00:29:04,600 approval. if you have any questions. Um, 336 00:29:06,960 --> 00:29:14,159 » so to cl to clarify 347 acres is not even a half an acre, right? 337 00:29:12,640 --> 00:29:17,679 » Correct. >> And they're wanting to put a septic 338 00:29:16,320 --> 00:29:19,440 system on it. >> They cannot 339 00:29:18,720 --> 00:29:24,399 » they can't >> they cannot. So the county I believe 340 00:29:22,000 --> 00:29:30,720 their minimum property size is 1 acre. So basically what's happening here is 341 00:29:28,320 --> 00:29:34,880 county won't let them cannot let them do septic because it's small. Our 342 00:29:32,960 --> 00:29:39,440 regulations require they either be connected to the city sewer system or 343 00:29:37,440 --> 00:29:45,960 have septic. They cannot meet any of those two 344 00:29:41,279 --> 00:29:45,960 requirements. So they're being suscing 345 00:29:50,399 --> 00:29:56,960 the sewers. >> Yeah. So, so requiring a sewer service 346 00:29:54,960 --> 00:30:02,919 could potentially render this lot undevelopable. 347 00:29:58,720 --> 00:30:02,919 That's the purpose of the waiver. 348 00:30:05,760 --> 00:30:13,120 » As long as there's restrictions on you not being able to build an occupiable 349 00:30:11,600 --> 00:30:16,720 structure on it. So >> that would 350 00:30:13,760 --> 00:30:21,840 » Colin County Colin County would issue the building permit for this property 351 00:30:19,440 --> 00:30:26,720 and they're the ones who would make all those requirements. So you cannot 352 00:30:24,559 --> 00:30:31,600 condition this to oh you can't build any like you're allowing them to plat this 353 00:30:29,600 --> 00:30:36,480 property under this configuration without the 354 00:30:34,000 --> 00:30:42,640 need to have a sewer connection. If at any point they want to build something 355 00:30:38,960 --> 00:30:47,399 on here that does require sewer service, Colin County will be the one making the 356 00:30:44,399 --> 00:30:47,399 requirement. 357 00:30:49,760 --> 00:30:53,720 » I make a motion to approve. 358 00:30:56,159 --> 00:31:04,640 » Yeah. So the ETJ this is in the ETJ. So there's no land use, 359 00:31:02,720 --> 00:31:08,640 » you know, regulations from the city that apply. So, anything could be built here. 360 00:31:07,279 --> 00:31:14,080 » And the reason I bring that up is because I remember a few years ago there 361 00:31:11,679 --> 00:31:17,760 was a request somebody who's going to build 68 homes on that corner which now 362 00:31:16,480 --> 00:31:22,240 they're building apartments. >> Mhm. 363 00:31:18,799 --> 00:31:28,159 » And we there was a between us and Nevada we Nevada took the water section of 364 00:31:25,760 --> 00:31:33,520 that. So I don't know why they were coming to us when Nevada 365 00:31:30,480 --> 00:31:36,960 3 or 4 years ago we gave them the >> So the place where the apartments are 366 00:31:35,120 --> 00:31:42,399 going in they used to be in our ETJ as well but they withdrew from the ETJ 367 00:31:39,919 --> 00:31:47,919 » is is that the part you're talking about >> but that land from the apartments to the 368 00:31:44,399 --> 00:31:53,039 to the six. So the reason they are coming to us is because the 369 00:31:50,960 --> 00:31:59,360 » a very small part of this property falls within our sewer service area, 370 00:31:55,360 --> 00:32:03,360 » the the CCN. So they're coming to us. They're way too far. We cannot serve 371 00:32:01,360 --> 00:32:08,720 them. The reason they're here is because to be able to approve this plot and 372 00:32:05,600 --> 00:32:13,919 record it, there has to be a certific certification 373 00:32:10,240 --> 00:32:17,679 that sewer is available to the site. We can't do that. No, I understand that 374 00:32:15,679 --> 00:32:22,000 really where it is. >> Um, so this little lot here, but 375 00:32:20,000 --> 00:32:24,720 everything to the >> south 376 00:32:22,399 --> 00:32:28,000 » south of that is Nevada. >> Part of it. 377 00:32:25,679 --> 00:32:32,880 » Part of it there there there's always changes in their CCN boundaries 378 00:32:31,279 --> 00:32:37,039 » and this happened before my time. You may 379 00:32:33,440 --> 00:32:39,919 » not not all areas are are in a CCN. Some some areas there's not a CCN assigned to 380 00:32:39,440 --> 00:32:44,080 areas, >> right? So they're free to 381 00:32:41,840 --> 00:32:48,159 » Well, like I said, I just remember this >> that plot of land, 382 00:32:46,399 --> 00:32:54,240 » not just that little part, but all of it from six to the apartments was proposed 383 00:32:51,360 --> 00:32:59,080 to put houses there. And we said Nevada could handle the water and they wanted 384 00:32:55,679 --> 00:32:59,080 to. So 385 00:33:06,000 --> 00:33:12,960 » that's all right. I guess 386 00:33:10,480 --> 00:33:17,760 » is Nevada able to handle the water for this lot? It's just impossible on this 387 00:33:16,080 --> 00:33:23,840 tiny space is what I'm hearing. >> Yeah, I mean the the stated purpose now 388 00:33:22,000 --> 00:33:28,399 you're not approving this, right? But the stated purpose from the developer is 389 00:33:26,000 --> 00:33:30,240 to potentially build a cell phone tower here. 390 00:33:28,799 --> 00:33:33,600 » And they don't need sewer for that. >> They really don't need sewer. I mean, 391 00:33:31,919 --> 00:33:38,320 that's that's the whole purpose behind this. 392 00:33:35,120 --> 00:33:44,039 » The applicant is online just he can't speak, but he can't hear you either. 393 00:33:45,600 --> 00:33:50,960 » I move to recommend approval of >> Can I do it yet? No. 394 00:33:49,919 --> 00:33:55,200 » No. hearing if you will close the public 395 00:33:52,799 --> 00:34:01,279 hearing and note the time. >> So, a few more questions for me. 396 00:33:58,559 --> 00:34:05,760 » Be a pain. So, you said Colin County eventually has has to approve this, 397 00:34:04,480 --> 00:34:08,720 right? >> The building permit would go through 398 00:34:07,840 --> 00:34:12,560 Colin County. >> Okay. And I would assume if they're 399 00:34:10,879 --> 00:34:16,079 going to do a cell tower, they'd have FCC approval also, wouldn't they? 400 00:34:14,320 --> 00:34:19,200 » Correct. But way out of our jurisdictions. 401 00:34:18,159 --> 00:34:25,040 » Yeah. >> Yeah. All right. So, we're Yeah, we're 402 00:34:22,079 --> 00:34:32,159 not talking anytime soon. >> All right. Uh, any other comments? 403 00:34:29,919 --> 00:34:36,000 » I I think the general look at this is that the concern for the sewage is the 404 00:34:34,320 --> 00:34:39,599 life safety of the occupants to make sure that they've got sanitary 405 00:34:37,200 --> 00:34:43,440 facilities and conditions and as long as you know Colin County is not going to 406 00:34:41,359 --> 00:34:48,639 give them a occupiable building permit until those conditions are met. So I 407 00:34:45,520 --> 00:34:53,359 don't see this uh you know impacting anyone's well-being and I think it's it 408 00:34:51,440 --> 00:34:58,880 it seems on the level of a request. >> Yeah. I guess my basic thing is that few 409 00:34:56,560 --> 00:35:03,839 years ago we Nevada was going to handle all the water for that area and now it 410 00:35:00,720 --> 00:35:10,359 looks like they're not. So >> maybe just bits and pieces 411 00:35:06,960 --> 00:35:10,359 » that is confusing. 412 00:35:11,839 --> 00:35:19,240 » Okay. Uh, close public discussion at 6:34. 413 00:35:21,040 --> 00:35:28,240 » Move it. >> I move to recommend approval of case 414 00:35:25,440 --> 00:35:32,400 number SW260002 as presented. 415 00:35:30,160 --> 00:35:37,200 » Second. >> All in favor? 416 00:35:34,880 --> 00:35:42,800 » Right hand. >> Chelsea the second she 417 00:35:41,280 --> 00:35:46,480 trying to make you trying to make you spell my name. 418 00:35:45,280 --> 00:35:49,960 » Sorry. >> Just be loud. 419 00:35:50,560 --> 00:35:57,400 » Okay. >> It seems really loud from back here. 420 00:35:52,960 --> 00:35:57,400 It's like it's pointed right at my head. 421 00:35:59,599 --> 00:36:05,520 » Yeah. >> You're voted either way. 422 00:36:03,440 --> 00:36:09,760 » Oh, nobody said disagree. We >> need to say against 423 00:36:08,960 --> 00:36:13,359 it. That's it. >> I wasn't even watching. Anybody 424 00:36:11,280 --> 00:36:16,680 disagree? >> Sorry, Doug. 425 00:36:25,200 --> 00:36:28,200 » Okay. 426 00:36:30,640 --> 00:36:37,839 » So, uh, one more question on that. So, if even though it's closed, just can I 427 00:36:36,480 --> 00:36:43,520 still do that? >> Uh, depends on the question. So, isn't 428 00:36:40,880 --> 00:36:50,480 that the uh bypass going to go right down to that corner there? 429 00:36:45,760 --> 00:36:55,520 » Not based on preliminary u rightway discussions. No, 430 00:36:52,560 --> 00:36:59,599 » it'll be the the alignment is east of there. 431 00:36:57,680 --> 00:37:01,599 » So, closer to Nevada. >> No, closer to us. 432 00:37:00,800 --> 00:37:04,480 » Oh, really? >> Yeah. 433 00:37:02,079 --> 00:37:08,960 » How much closer? Let's say I I I don't have the actual 434 00:37:08,079 --> 00:37:11,760 map with me, but >> Yeah, that's right. 435 00:37:09,680 --> 00:37:14,160 » I can provide that info. >> Yeah, the outer loop. I can provide the 436 00:37:13,280 --> 00:37:16,640 info offline. >> You know where the high lines are? 437 00:37:16,000 --> 00:37:20,480 » Yeah, >> that's where it's going. 438 00:37:18,000 --> 00:37:22,640 » Okay. >> That makes sense. 439 00:37:21,520 --> 00:37:26,800 » They're going to follow the >> Yeah, they got right away probably there 440 00:37:24,480 --> 00:37:26,800 already. 441 00:37:33,680 --> 00:37:42,680 All right. Uh, next item, case number CA26-003 442 00:37:45,040 --> 00:37:50,800 and hold public hearing to consider testimony and make recommendations to 443 00:37:48,800 --> 00:37:56,320 city council on an amendment to the code of ordinance chapter 10A, article 2, 444 00:37:53,359 --> 00:37:59,680 section 2.48. or H engineering plans will allow the city engineer to accept 445 00:37:57,839 --> 00:38:05,599 preliminary engineering plans in lie of detailed final final engineering plans 446 00:38:02,000 --> 00:38:09,599 with submittal a preliminary plat at an applicant's request. If preliminary 447 00:38:07,440 --> 00:38:14,720 engineering plans are submitted with preliminary plat, the city council shall 448 00:38:12,400 --> 00:38:19,200 condition the approval of a preliminary plat on the submittal and approval of 449 00:38:16,800 --> 00:38:24,040 detailed final engineering plans in accordance with this ordinance. 450 00:38:26,720 --> 00:38:37,599 That's kind of how I I read it. >> I uh open discussion at 6:37. 451 00:38:35,040 --> 00:38:42,880 » Okay, Mr. Chairman, members of the commission. I brought this item before 452 00:38:39,920 --> 00:38:48,000 you, I want to say about a year ago. I think most of you are new so you may not 453 00:38:44,960 --> 00:38:53,040 be familiar with this subject but um in the land development process for 454 00:38:51,040 --> 00:38:58,160 particularly residential developments you have your preliminary plat which is 455 00:38:55,200 --> 00:39:03,040 basically a a glorified survey and a big picture for a subdivision that lays out 456 00:39:01,280 --> 00:39:09,760 basically here's where we think our lot lines are going to go streets drainage 457 00:39:05,440 --> 00:39:15,760 water sewer easements etc. The planning and zoning commission and city council 458 00:39:11,760 --> 00:39:20,800 approve that. Then they move on to the uh construction plan design process and 459 00:39:18,400 --> 00:39:26,160 they submit you know detailed uh engineering plans. Then they move to the 460 00:39:23,599 --> 00:39:30,960 final plat which is where they certify you know here's what we built. This is 461 00:39:28,160 --> 00:39:39,040 where it goes. Our current procedure in Josephine is very strict in my opinion u 462 00:39:35,839 --> 00:39:44,320 compared to pretty much every other city across the region and even across the 463 00:39:41,119 --> 00:39:50,960 state. We're one of very few municipalities that request or require a 464 00:39:48,240 --> 00:39:53,760 full set of engineering plans. And that means like, okay, here's a water line. 465 00:39:52,480 --> 00:39:59,359 It's going to be buried this deep. It's going to go this long. like really 466 00:39:55,680 --> 00:40:04,640 technical information being required in our professional opinion too early in 467 00:40:02,079 --> 00:40:09,760 the land development process. Um we've had comments from applicants 468 00:40:07,760 --> 00:40:16,240 which developers that have concern with being required to 469 00:40:13,920 --> 00:40:25,119 provide this level of detail on something that may not happen. And I can 470 00:40:19,839 --> 00:40:29,920 tell you that um we lost some ETJ uh west of High Meadows with the 471 00:40:27,599 --> 00:40:34,000 Greenwood MUD, the municipal utility district. And one of the major 472 00:40:31,920 --> 00:40:41,599 contributing factors was that requirement, having to do all that work 473 00:40:36,720 --> 00:40:46,880 up front and the city lost ETJ. So we we as a community lost control over what 474 00:40:44,720 --> 00:40:51,119 could be developed there to some extent, right? and how it would be developed 475 00:40:49,200 --> 00:40:54,960 because now they're in Nevada CTJ so they're going with Nevada standards and 476 00:40:52,640 --> 00:41:01,200 not ours even though they're much closer to us than Nevada. So we're running the 477 00:40:57,839 --> 00:41:06,800 risk here of additional muds potentially or other developers moving on. 478 00:41:04,480 --> 00:41:12,160 Um and this goes for residential and commercial. If the stated goal of the 479 00:41:09,280 --> 00:41:16,480 community is to make it easier for commercial development to happen here, 480 00:41:14,800 --> 00:41:22,400 this is one of the steps that needs to be taken. And again, it's condition. So 481 00:41:19,760 --> 00:41:26,000 if they submit preliminary engineering, they still have to provide detailed 482 00:41:24,319 --> 00:41:34,160 engineering before going to construction. So we're just letting them 483 00:41:29,520 --> 00:41:38,119 defer this and kind of punt a little bit on the engineering plans. 484 00:41:41,440 --> 00:41:49,200 Is is there a baseline for what a preliminary set of engineering plans is? 485 00:41:46,240 --> 00:41:52,800 And does the uh NCTCOG do they have any take on on a submitter 486 00:41:51,359 --> 00:41:57,440 like this or what they might recommend for this process? 487 00:41:55,440 --> 00:42:02,560 » The I don't think the COG has any guidance on this. um they normally when 488 00:42:00,079 --> 00:42:08,800 it comes to construction standards there is a set of standards but not a set of 489 00:42:05,599 --> 00:42:14,640 procedures right so a cog is more focused on actual technical codes and 490 00:42:11,839 --> 00:42:20,640 standards rather than a procedural so pretty much everybody in North Texas 491 00:42:16,400 --> 00:42:28,720 does things their own way um but our city engineer was also in in uh 492 00:42:25,760 --> 00:42:32,640 concurrence with this request to to go with preliminary engineering cuz he's 493 00:42:30,400 --> 00:42:38,240 the one that hears it cuz he's the one that reviews the plans. Um, if this is 494 00:42:36,480 --> 00:42:41,920 approved, we will work with our city engineer to 495 00:42:40,480 --> 00:42:45,440 develop that checklist. >> Yes, I I definitely think this is the 496 00:42:43,440 --> 00:42:49,920 direction that we want to go. My concern is that you get fingerpointing between 497 00:42:47,680 --> 00:42:53,520 Joe, a personal guy trying to get something passed and and big developer 498 00:42:51,760 --> 00:42:56,640 Bob over here, and he says, "Well, this is my preliminary set." And he says, 499 00:42:54,960 --> 00:43:00,240 "Well, this is my preliminary set." and you and you end up with maybe uh you're 500 00:42:59,119 --> 00:43:03,920 asking different things of different applicants and just to be able to 501 00:43:01,520 --> 00:43:07,440 clarify that what what those plans might look like. 502 00:43:04,560 --> 00:43:13,200 » Well, the checklist would be applied equally. 503 00:43:09,359 --> 00:43:18,000 » So, if if that's a concern, we will make sure that that is addressed. uh when if 504 00:43:15,440 --> 00:43:23,920 this is approved at the same time this is adopted we will publish a preliminary 505 00:43:20,640 --> 00:43:30,119 engineering checklist that addresses everything so that there's a level 506 00:43:25,760 --> 00:43:30,119 playing field for all parties 507 00:43:31,040 --> 00:43:37,599 » this kind of just eliminates the first step 508 00:43:34,400 --> 00:43:40,800 they still have to come to P&Z with the plot 509 00:43:38,640 --> 00:43:47,200 » right the the the challenge we're having is we have 30 days to review plots 510 00:43:45,119 --> 00:43:52,240 And in those 30 days, our city consulting engineers are expected to 511 00:43:49,119 --> 00:43:59,520 review under the current regulations, you know, several dozens of pages of 512 00:43:56,240 --> 00:44:05,119 detailed engineering plans which could be subject to revisions. I mean, I've 513 00:44:02,480 --> 00:44:11,599 never had or never seen a set of engineering plans or any plan for that 514 00:44:07,359 --> 00:44:17,680 matter be good on the first submitt. So allowing us to look at preliminary 515 00:44:14,560 --> 00:44:22,319 engineering allows gives us the the ability to say okay this looks good in p 516 00:44:20,000 --> 00:44:27,599 on paper in concept we recommend approval of the prelim pre preliminary 517 00:44:24,000 --> 00:44:32,800 plot at that point then the developer is more confident that hey this this could 518 00:44:30,160 --> 00:44:37,119 work now I can submit detailed engineering plans subject to the city 519 00:44:35,040 --> 00:44:42,240 engineers approval and then they can go to construction 520 00:44:40,000 --> 00:44:45,920 so you still have control over the plat that that won't change the timing won't 521 00:44:44,160 --> 00:44:51,440 change. The only thing you're changing here is the the engineering the detail 522 00:44:49,200 --> 00:44:54,720 of engineering. So you know >> it's not a multiple multiple meeting 523 00:44:53,839 --> 00:44:57,720 discussion. >> Correct. 524 00:44:59,040 --> 00:45:03,599 » Just give all >> Yes. 525 00:45:01,920 --> 00:45:08,640 » Mhm. >> I think it would help streamline some 526 00:45:05,440 --> 00:45:13,440 processes and that's important and I think that is the direction that we're 527 00:45:10,319 --> 00:45:18,000 » Yeah. I I I think it helps the applicants and future developers 528 00:45:16,079 --> 00:45:21,359 uh reduce some of that preliminary financial burden. You know, there's 529 00:45:19,520 --> 00:45:24,480 there's a lot of money involved between what you would call a preliminary set of 530 00:45:22,720 --> 00:45:28,400 plans and a final stamp, final engineered set of plans. You you know, 531 00:45:26,240 --> 00:45:30,560 there's a lot of work in there that uh you know, could save some rework as 532 00:45:29,839 --> 00:45:33,839 well. >> And I think that's where some of the 533 00:45:31,680 --> 00:45:37,520 hesitation on the developers came in is you know, they don't know if they want 534 00:45:35,280 --> 00:45:41,200 to invest thousands and thousands and lots of hours into something that may 535 00:45:39,119 --> 00:45:44,319 not work out. Yeah, that's and that's consistent with the language that was 536 00:45:42,480 --> 00:45:49,760 provided in the staff report. >> So, and and this is just not a matter 537 00:45:48,560 --> 00:45:55,640 just of convenience. We're not compromising safety here. We're just 538 00:45:51,760 --> 00:45:55,640 simplifying procedures. 539 00:46:00,800 --> 00:46:06,720 » So, kind of what was stated earlier, I'd 540 00:46:04,960 --> 00:46:13,040 like to see some drummals before this gets brewed. So, there's no 541 00:46:10,800 --> 00:46:15,040 plenty of business going on or whatever. So, 542 00:46:14,079 --> 00:46:18,800 » well, um, >> what's a preliminary what is preliminary 543 00:46:17,040 --> 00:46:23,040 plot? What does it entail? >> I mean, can you do it in crayon? 544 00:46:20,800 --> 00:46:28,800 » Well, we we have a checklist for the plot document itself and I believe we 545 00:46:25,839 --> 00:46:33,119 have a checklist for we have the engineering standards 546 00:46:31,200 --> 00:46:38,560 already published. We could create a checklist of and and 547 00:46:36,560 --> 00:46:42,000 this I cannot answer the question as to what exactly would be in this checklist 548 00:46:40,240 --> 00:46:45,839 because that's a city engineer question, >> right? 549 00:46:43,119 --> 00:46:50,880 » What what you're voting on right now is to allow the engineer to accept 550 00:46:48,000 --> 00:46:55,760 preliminary engineering plans. >> Like you said, cities do it differently 551 00:46:53,040 --> 00:46:58,079 all over the place. So some developers are used to this and then they're used 552 00:46:57,040 --> 00:47:03,040 to that. >> Well, I mean and and that happens, 553 00:47:00,079 --> 00:47:06,560 » you know, there was that, right? >> But but Miguel, the check the checklist 554 00:47:04,880 --> 00:47:09,280 is the way that's the way these are that's the way these are handled. Yeah, 555 00:47:07,920 --> 00:47:12,240 there's I've seen >> lot 556 00:47:11,359 --> 00:47:15,280 checklist. >> So we don't have preliminary plat 557 00:47:14,079 --> 00:47:18,720 requirements already. >> We we have a preliminary plat checklist. 558 00:47:18,079 --> 00:47:22,079 » Gotcha. >> And of detailed engineering. So it would 559 00:47:21,040 --> 00:47:25,920 just be that >> you're creating you're creating the 560 00:47:23,839 --> 00:47:30,880 process to allow me and the city engineer to publish a preliminary 561 00:47:28,240 --> 00:47:34,000 engineering checklist and whatever is there is what will be required of 562 00:47:32,880 --> 00:47:38,079 everybody. >> So will that preliminary checklist be 563 00:47:36,400 --> 00:47:41,520 the same that's on the books now or is that going to be changed? 564 00:47:38,800 --> 00:47:45,760 » We don't have one. We're create >> we do have preliminary 565 00:47:43,520 --> 00:47:48,720 » platformments but we don't have preliminary 566 00:47:47,839 --> 00:47:52,240 » engineering >> engineering plan requirements. 567 00:47:50,480 --> 00:47:55,359 » We don't allow that right now. So will we allow it as a 568 00:47:53,200 --> 00:47:59,599 » but this would allow us to >> create some requirements standards 569 00:47:58,400 --> 00:48:02,920 » for preliminary. >> Yes. 570 00:47:59,920 --> 00:48:02,920 » Gotcha. 571 00:48:05,119 --> 00:48:15,440 » And it's to the satisfaction of the city engineer. So this proposal so the 572 00:48:12,160 --> 00:48:22,400 engineer feels that you know what I'm going to need more detail and he can 573 00:48:18,720 --> 00:48:27,760 require full engineering plans and then if they're not good we would recommend 574 00:48:25,119 --> 00:48:32,280 denial of the plot and the clock starts over. 575 00:48:32,480 --> 00:48:38,160 » So we're basically giving him discretion over preliminary design basically. 576 00:48:37,280 --> 00:48:42,240 » Correct. >> Gotcha. I don't agree with 577 00:48:41,040 --> 00:48:46,400 » Yeah, I think it should be >> the discretionary is limited by the 578 00:48:44,400 --> 00:48:49,760 checklist approved by the council. It's a documentation. It's a you know it's a 579 00:48:48,400 --> 00:48:52,400 documented discretion. >> Well, yeah. What sorts of good 580 00:48:51,440 --> 00:48:54,400 checklist? >> Yeah, 581 00:48:53,280 --> 00:49:00,200 » but we don't have that now. >> That's what we're voting to give them. 582 00:48:57,200 --> 00:49:00,200 » No 583 00:49:00,319 --> 00:49:08,079 post. That's what >> you're 584 00:49:04,800 --> 00:49:13,680 you're you're voting to let the engineer accept preliminary engineering plans 585 00:49:12,720 --> 00:49:17,920 » but we don't have a standard >> but we don't know what those look like. 586 00:49:16,000 --> 00:49:25,520 » So if we could get a standard that would be great. What is a preliminary plat or 587 00:49:22,400 --> 00:49:29,520 requirement? Engineering requirement. If some guy comes in, well, you're gonna 588 00:49:27,200 --> 00:49:31,440 need this. What if I give you 10 grand? You pass it down. 589 00:49:30,559 --> 00:49:34,319 » That'd be really bad. >> Be a checklist. 590 00:49:32,800 --> 00:49:39,599 » But yeah, if he has some sort of standard, then that would help. 591 00:49:37,599 --> 00:49:44,559 » That would help because right now we need full everything, full design. And 592 00:49:42,240 --> 00:49:50,559 the way we're proposing to change it, it would just be this guy may be required 593 00:49:47,680 --> 00:49:55,440 to give us more than this guy. So if he has a standard that we could say, okay, 594 00:49:52,400 --> 00:49:59,760 we're accepting a new standard of preliminary drawings, then that would be 595 00:49:58,079 --> 00:50:02,720 better, right? >> We just need to know what that standard 596 00:50:01,599 --> 00:50:07,280 is. >> Drawings just be some 597 00:50:05,359 --> 00:50:13,359 » makes sense. So if if you're not comfortable approving this tonight, 598 00:50:11,119 --> 00:50:19,359 you can table this >> this continue this public hearing to the 599 00:50:16,319 --> 00:50:26,000 October meeting. The engineer and I will work on creating a draft checklist to 600 00:50:22,319 --> 00:50:32,400 attach to this request. No, just some >> that's an acceptable outcome 601 00:50:29,280 --> 00:50:37,760 and he could be here to explain >> what could trigger him to require 602 00:50:34,480 --> 00:50:40,559 detailed engineering >> under this scenario. 603 00:50:39,040 --> 00:50:43,520 » That's fine. I mean I don't I don't know those 604 00:50:41,920 --> 00:50:47,520 » be included but there has to be some kinds of guidelines just not 605 00:50:45,760 --> 00:50:50,000 » Yeah. Just so it's standardized. >> Yeah, that's good. That's good. Yeah. 606 00:50:49,520 --> 00:50:53,839 » Okay. >> Makes sense. 607 00:50:51,599 --> 00:50:57,280 » And just the overview, we don't have But there's nothing to go by. It's what 608 00:50:55,359 --> 00:50:59,359 we're approving them to do it, but we don't have a check. 609 00:50:58,240 --> 00:51:02,359 » We go by what they're doing. >> Yeah. 610 00:51:02,800 --> 00:51:12,520 » Yeah. You know, he comes in and says that the preliminary plat. 611 00:51:08,800 --> 00:51:12,520 Well, what does that mean? 612 00:51:12,960 --> 00:51:20,800 We don't know. The engineer said it's good. No, we'll 613 00:51:17,680 --> 00:51:24,200 just take his word for it. >> So, we table 614 00:51:24,319 --> 00:51:29,920 All right. Move to table this discussion this 615 00:51:27,599 --> 00:51:36,240 » close the public hearing. What? All right. Let me let me stay. We will need 616 00:51:33,280 --> 00:51:41,280 a motion to continue this public hearing to the October Planning and Zoning 617 00:51:38,720 --> 00:51:45,119 Commission meeting and table the request. That's the word like you 618 00:51:43,599 --> 00:51:50,559 continue the hearing and table the request to the next table. 619 00:51:48,000 --> 00:51:52,640 » I move to continue the public hearing to the October meeting. There we go. That's 620 00:51:52,319 --> 00:51:56,960 it. >> For case number 621 00:51:54,480 --> 00:51:59,960 » CA 26003. 622 00:52:02,400 --> 00:52:10,319 » All approve. >> I 623 00:52:07,599 --> 00:52:14,880 disapprove. >> Okay. 624 00:52:13,040 --> 00:52:17,520 » All right. I don't think we have anything else. 625 00:52:16,160 --> 00:52:22,880 Right. >> I'll make a motion to adjurnn. 626 00:52:20,240 --> 00:52:22,880 » Second. 627 00:52:26,400 --> 00:52:32,200 I got her acted on already. >> 52. 628 00:52:48,160 --> 00:52:52,480 » I know. Here's my name but can't