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[00:00:46]

FOR THE RECORD, YOU WILL HAVE THREE MINUTES TO SHARE YOUR THOUGHTS. YOUR CONCERNS. YOU HAVE 30 SECONDS LEFT. YOU SEE A YELLOW LINE ON THE SCREEN UP THERE. AND THEN WHEN YOU'RE THREE MINUTES IS UP. YOU WILL HEAR A BUZZER. LET'S SAY. CONCISE AND OUR COMMENTS FOCUSED ON THE ISSUES. AND BE RESPECTFUL OF WHAT WE HAVE TO SAY. THOSE OF YOU WATCHING AT HOME. WE APPRECIATE YOU BEING INVOLVED AS WELL WITH THIS PROCESS. WITH THAT WE WILL START OUR AGENDA. THE FIRST ITEM WOULD BE THE OPPORTUNITY FOR PEOPLE TO SPEAK ON AN ITEM.

THAT DOES NOT HAVE A PUBLIC HEARING ATTACHED TO IT TONIGHT. AN EXAMPLE OF THAT WOULD BE ONE OF THE CONSENT AGENDA ITEMS. THE MINUTES OF OUR LAST PLANNING AND ZONING COMMISSION MEETING. SO IF YOU HEAR DENIED, AND YOU WOULD LIKE TO SPEAK ON AN ITEM THAT DOES NOT HAVE A PUBLIC HEARING ATTACHED. PLEASE COME TO THE PODIUM. ALL RIGHT. NO ONE TO SPEAK. I'M SORRY.

YES, SIR. DO NOT HAVE A PUBLIC SPEAKING ANNOUNCEMENT. OKAY. IS THERE AN AUTUMN YOU'D LIKE TO SPEAK ON HER JUST COMING TO MAKE CITIZEN COMMENTS. AND I WILL TOWARDS THE END. IS THAT OKAY? WE HAVE AN OPPORTUNITY FOR CITIZENS TO SPEAK AT THE END. THANK YOU. YOU'RE VERY WELCOME. THANK YOU ANYONE ELSE? HERE TONIGHT TO SPEAK ON A NON PUBLIC CARRYING ON HIM. ALL

[CONSENT ITEMS]

RIGHT. WE'LL MOVE ON TO OUR CONSENT AGENDA. WE HAVE TWO ITEMS. THE FIRST ITEM IS 21-05 THE MINUTES THE PLANNING AND ZONING COMMISSION REGULAR MEETING JUNE, THE 8TH 2021 AND, UM. SITE PLAN 20001 SP. THIS IS FOR AN OFFICE WAREHOUSE DEVELOPMENT. IN THE WEST SIGN OF MCDONALDS STREET, U. S HIGHWAY FIVE. 300 FT NORTH OF ONE WITH THE ROAD. MEMBERS WHO HAVE EMOTIONS. MAKE A MOTION TO APPROVE THE TO CONSENT. YES. MOTION BY MR HAMILTON. SECONDLY MR HECKLER TO APPROVE THE CONSIDER AGENDA. IS THERE ANY DISCUSSION? NEWSCASTER ABOUT.

MOTION CARRIES MY VOTER 77 IN FAVOUR OF ZERO AGAINST THE CONSENT AGENDA HAS BEEN APPROVED. WE WILL NOW MOVE TO OUR. THAT CONSIDERATION AGENDA. WE HAVE FOUR PLANTS TONIGHT WILL TAKE THEM INDIVIDUALLY DUE TO DIFFERENT STAFF RECOMMENDATIONS. FIRST ITEM IS

[Consider/Discuss/Act on a Preliminary-Final Plat for Lots 2 and 3, Block A, of the Mayer Tract Addition, Located 1,020 Feet North of Silverado Trail and on the East Side of Custer Road]

21-00 TO A P F TO THIS CONSIDERING A PLAN PRELIMINARY FINAL PLANT FOR LOTS TWO AND THREE BLOCK A. THE MAYOR ATTRACT EDITION. THIS IS 1000 FT. NORTH OF SILVERADO TRAIL.

ON THE EAST SIDE OF CUSTER ROAD, MR MOSS. GOOD EVENING COMMISSIONERS. THIS IS FOR A PLATFORM A COMMERCIAL, MULTI FAMILY DEVELOPMENT. UM THE APPLICANT PREVIOUSLY HAD A DISAPPROVED FLAT ON THIS. THIS PLATZ MIDDLE. HOWEVER THEY HAVE RESUBMITTED AND IT DOES MEET THE CONDITIONS OF APPROVAL. SO STAFF RECOMMENDS APPROVAL OF THE PLATT STAND FOR ANY QUESTIONS. GOOD QUESTIONS. ALL RIGHT. UM WE DO NEED A MOTION TO. I'LL MAKE A MOTION TO APPROVE THE PRELIMINARY FINAL PLAY IT WITH, UH, WITH CONDITIONS THAT. MOTION BY MR HECK LOOK TO APPROVE THE ATOM WITH CONDITIONS SECOND BY MR WOODRUFF. IS THERE ANY DISCUSSION? CAST ABOUT. THIS PLAN HAS BEEN APPROVED. THE NEXT ITEM IS 21-0078 PF CANOE.

[Consider/Discuss/Act on a Preliminary-Final Plat for the Promesa RV Storage Addition, Located in the ETJ of McKinney, Approximately 2600 feet West of County Road 161 and on the North side of County Road 124]

CONSIDER PRELIMINARY FOUND OF PLATFORM. PROMESA RV STORAGE. THIS IS IN THE DJ OF MCKINNEY.

[00:05:02]

2600 FT WEST OF COUNTY ROAD, 1 61 ON THE NORTH SIDE OF COUNTY ROAD. 1. 24 STRICKLAND. THANK YOU. COMMISSIONERS THE APPLICANT IS PROPOSING TO SUBDIVIDED 29.0 40 ACRE. PARCEL INTO ONE LOT. THE APPLICANT HAS INDICATED THAT IS GOING TO BE UTILIZED FOR COMMERCIAL USE.

STAFF RECOMMENDS APPROVED WITH CONDITIONS AND I STAND FOR ANY QUESTIONS. THANK YOU, CAITLIN.

I'LL MAKE A MOTION THAT WE APPROVED THE PRELIMINARY FINAL FLAT WITH, UH, WITH THE CONDITIONS SET BY MR HECKLER TO APPROVE THE ITEM WITH RECOMMEND WITH CONDITIONS SECOND BY. MR MCCALL. IS THERE ANY DISCUSSION? THIS CASHIER ABOUT. THE ITEM HAS BEEN APPROVED THE NEXT. ITEM IS 21 DEATH 0079 P F. CONSIDER PRELIMINARY FINAL PLANT FOR THE ROTHERMEL EDITION.

[Consider/Discuss/Act on a Preliminary-Final Plat for the Rothermel Addition, Located in the ETJ of McKinney, Approximately 553 feet South of County Road 341 and on the West side of County Road 409]

THIS IS IN THE E T. J. MCKINNEY 550 FT SOUTH OF COUNTY ROAD, 3 41. ON THE WEST SIDE OF COUNTY ROAD, 409. THANK YOU. APPLICANT IS PROPOSING TO SUBDIVIDE A 14 ACRE PARCEL INTO ONE LOT. THE APPLICANT IS NOT INDICATED THE INTENDED USE FOR THE TRACT STAFF RECOMMENDS DISAPPROVAL OF THE PROPOSED PRELIMINARY FINAL. DUE TO LACK OF CONFORMANCE WITH OUR ENGINEERING DESIGN, MANUAL AND SUBDIVISION ORDINANCE. IT IS ATTACHED AND OUR STAFF REPORT AND I STAND FOR ANY QUESTIONS. QUESTIONS. AND YOU SEE, I'M AWARE OF THE JUST RECOMMENDATION. OKAY? ARE THEY HERE TONIGHT? I DON'T BELIEVE THAT THEY ARE. BUT THEY'RE AWARE OF THE DISAPPROVAL, AND THEY ARE ALSO AWARE THAT. IN ORDER TO RECEIVE ANY KIND OF FINAL APPROVAL THAT THEY HAVE ONE MORE CHANCE, OKAY? GET MEMBERS TO HAVE EMOTION. MOTION TO DISCIPLINE. MARRIED FINAL PLAN DUE TO LACK OF PERFORMANCE. MOST MANAGED TO MAN'S I, TOO. DISAPPROVED THE ATOMS FIRST HALF RECOMMENDATION DUE TO LACK OF CONFORMANCE SECOND BY MS KIRK IN DOLL. IS THERE ANY DISCUSSION? CAST YOUR VOTES. OKAY. THE MOTION CARRIES THE, UH, HAS BEEN DISAPPROVED

[Consider/Discuss/Act on a Preliminary-Final Replat for the CR Urban Res. Addition, Located Approximately 700 feet Southeast of Wellness Way and on the East side of Alma Road]

AS SUBMITTED. NEXT ITEM IS TO ONE DAY 0082 PF. CONSIDERING PRELIMINARY FINAL REPLANT FOR CR URBAN RESIDENTIAL EDITION THIS IS 700 FT. SOUTHEAST A WELLNESS WAY. ON THE EAST SIDE OF ALMA ROAD. ASK ONE FOR ME, AND THEN I'LL HEAD BACK UP. UH THE APPLICANT IS PROPOSING TO SUBDIVIDE THE 17.3 PARCEL INTO THREE LOTS. APPLICANT IS INDICATED THAT IT'S GOING TO BE UTILIZED TO CONSTRUCT FOR COMMERCIAL AND MULTI FAMILY. STAFF RECOMMENDS APPROVAL WITH CONDITIONS AND I STAND FOR ANY QUESTIONS. MEMBERS QUESTIONS. MAKE A MOTION THAT WE APPROVE DEPLOYMENT. VERY FINAL FLIGHT REPLAY, BUT WITH WITH CONDITIONS. OCEAN AND MR PARTICULAR TO PROVE THE ATOM. ESPER STAFF RECOMMENDATION, INCLUDING THE CONDITIONS IN THAT RECOMMENDATION AND SECOND BY MR DOAK. IS THERE ANY DISCUSSION? THIS CAST YOUR VOTE. THANK YOU, KATE. THAT ITEM HAS APPROVED WILL NOW MOVE TO OUR REGULAR AGENDA. THESE

[Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit to Allow for an Outdoor Amusement Facility (Tupps Brewery), Located at 402 East Louisiana Street]

WILL BE ITEMS THAT WOULD HAVE A PUBLIC HEARING ATTACHED. SO IF YOU'RE HERE TO PARTICIPATE, PAY ATTENTION, BECAUSE YOU'RE ALMOST UP. FIRST ITEM IS 21-00 S U P THIS CONSIDER PUBLIC HEARING. CONDUCT A PUBLIC HEARING TO CONSIDER AN ISSUE P TO LAUGH, WENT OUT TO AMUSEMENT FACILITY TOUGHS BREWERY. BREWER BREWERY BREWER. WE. THIS IS AT 402 EAST LOUISIANA STREET, MR MOSS. GOOD EVENING COMMISSIONERS FOR THE RECORD. JOE MOSS PLANNER WITH ONE CITY MCKINNEY. AS YOU MENTIONED. THIS SITE IS LOCATED AT 402, EAST LOUISIANA, JUST SOUTH OF THE FLOUR MILL. THE SAME IS BOUNDED BY RESIDENTIAL USES TO THE EAST AND SOUTH. THE APPLICANT HAS SUBMITTED EVERY REQUEST FOR A SPECIFIC USE PERMIT FOR OUTDOOR USE IS, UM FOR A BREWERY ON THE SITE. THE PROPOSED SITE PLAN IS COMPRISED OF A NUMBER OF USES, ALL OF WHICH ARE PERMITTED ON THE SUBJECT PROPERTY. HOWEVER THE OUTDOOR AMUSEMENT USED DOES REQUIRE SPECIFIC USE PERMIT UNDER THE COMFORTING ZONING. AND THE SITE IS PROPOSED TO BE A NEW STRUCTURE HERE, AND THAT WOULD BE THE BREWERY STRUCTURE. IT'S APPROXIMATELY 22,000 SQUARE FEET. AND THEN WE ALSO HAVE EXISTING STRUCTURES HERE AND HERE. WHICH WOULD BE RENOVATED AND EXPANDED HERE. THOSE FACILITIES INCLUDE A TAPROOM A BARREL AGING

[00:10:02]

FACILITY. AS WELL AS AN OUTDOOR COVERED SEATING AREA, WHICH IS ACTUALLY HERE. IN ADDITION TO THAT, UM THEY ARE PROPOSING THIS AREA HERE. UM BE A 981 SQUARE FOOT STAGE THAT WOULD ACCOMMODATE THOSE LARGER OUTDOOR EVENTS WITH THE EVENT LAWN BETWEEN THE BREWERY AND THE EXISTING STRUCTURE THERE. AND. THE APPLICANT HAS REQUESTED A SPECIFIC USE PERMIT FOR THOSE OUTDOOR USES, HOWEVER, BECAUSE THERE ARE RESIDENTIAL USES IN CLOSE PROXIMITY TO THE SUBJECT. PROPERTY STAFF IS RECOMMENDING THAT THE SPECIFIC USE PERMIT BE CONDITIONALLY APPROVED. WITH SOME ADDITIONAL CONSIDERATIONS TO MITIGATE AGAINST POTENTIAL FREQUENCY OF OUTDOOR EVENTS ON NEIGHBORING USES. I DID PASS OUT A REVISED STAFF REPORT. FOR YOU ALL WITH KIND OF SOME UPDATED CONDITIONS THAT WE WERE LOOKING AT. UM. THOSE CONDITIONS WOULD BE THAT THEY WOULD BE REQUIRED TO HAVE ENHANCED LANDSCAPING IN THE AREAS ON THE EAST AND SOUTH, WHERE THE PROPOSED FENCING IS NOT OPAQUE. TO BETTER SCREEN THE INTERIOR OF THE SITE FROM NEIGHBOURING RESIDENTIAL USES. THE EVENTS WOULD ALSO BE LIMITED TO SIX A MONTH OR A TOTAL OF 72 PER YEAR. UM THOSE OUTDOOR AMUSEMENT USES ON THE PROPERTY WOULD INCLUDE EVENTS ON FEDERAL HOLIDAYS, CITY SPONSORED EVENTS. AS WELL AS REGULARLY SCHEDULED EVENTS ON FRIDAY AND SATURDAY NIGHTS HAS, UM. THIS WOULD INCLUDE THOSE OUTDOOR OPEN AIR PERFORMANCES, WHICH WOULD INCLUDE ARE. WOULD INCLUDE AREAS LIKE THAT COVERED SEATING, FOR INSTANCE, THAT WOULD BE INCLUDED IN THOSE OUTDOOR EVENTS, HOWEVER, ANY ENCLOSED INDOOR SPACES WOULD NOT FOLLOW THOSE REGULATIONS. INDOOR AMUSEMENT IS PERMITTED UNDER THE ZONING DISTRICT. SO THEY WOULD NOT NEED A SPECIFIC USE PERMIT FOR THOSE. A SEPARATELY PERMITTED EVENT UNDER A SPECIAL EVENT PERMIT WOULD COUNT TOWARD THE ANNUAL MAXIMUM NUMBER OF EVENTS ON THE SITE. THE STAFF REPORT THAT WAS PROVIDED DID RECOMMEND A MAXIMUM OF FOUR MONTH EVENTS.

HOWEVER SINCE THOSE OPEN AIR PERFORMANCES AND THINGS WERE NOT REALLY TAKING IN CONSIDERATION WE WERE LOOKING AT THAT WE HAVE REVISED THE REQUEST TO BE UP TO SIX MONTHS.

MM. WITH THE MITIGATIONS PROPOSED MITIGATIONS IN THE FREQUENCY AND THE ENHANCED SCREENING STAFF DOES RECOMMEND APPROVAL OF THE REQUEST WITH THE CONDITIONS FURTHER REVISED STAFF REPORT. I STAND FOR ANY QUESTIONS. GENERAL QUESTIONS FIRST, BEFORE WE GET INTO THE SIDE PLANS. HOW DID STAFF DETERMINE THE SIX DAYS AND 72 PER 72 PER YEAR. HOW WAS THAT DERIVED? SURE. SO WE LOOKED AT HOW MANY I MEAN. TYPICALLY YOU KNOW THEY LIKE TO HAVE EVENTS ON WEEKENDS. WE LOOKED AT WHAT THE APPLICANT WAS REQUESTING THEIR LETTER OF INTENT AND THINGS THAT INDICATED KIND OF WHAT THEY WERE LOOKING TO DO. ADDITIONALLY THE CITY HAS THE M E. D. C HAS A CONTRACTUALLY. WORKED WITH THEM TO SECURE ACCESS TO THE SITE FOR ABOUT 30 DAYS PER PER YEAR, UM, TO ALLOW FOR OUTDOOR EVENTS SUCH AS OCTOBERFEST, HEARTS AND BLOOM, THE CITY SPONSORED EVENTS. SO LOOKING AT WHAT THE CITY HAS HAS REQUESTED TO USE THE SITE FOR AS WELL AS WHAT THE APPLICANT IS PROPOSING TO DO. WE FELT THAT THE 66 DAYS PER MONTH WAS. SOMEWHERE IN A GOOD COMPROMISE, TOO. AND PROVIDE SOME RELIEF FROM. VERY HIGH FREQUENCY OF EVENTS FOR NEIGHBOURING USES, AS WELL AS STILL PERMIT THEM TO, UH, BE ABLE TO HAVE THOSE OUTDOOR USES AND USE THEIR SITE WITHIN WITHIN SOME CERTAIN PARAMETERS, IN ORDER TO MAKE SURE THAT WE'RE. COMPATIBILITY WITH THOSE NEIGHBORING USES, SO THE CITY IS SPONSORED EVENTS ARE INCLUSIVE OF THE 72. YES THAT WOULD BE INCLUDED IN THAT TOTAL OF 72. HOW DO YOU DEFINE AN EVENT? AND BEFORE YOU ANSWER THAT, I'LL LET YOU KNOW I WENT TO ONE OF THE COMPETITORS SITES A COUPLE WEEKENDS AGO SUNDAY AFTERNOON. AT 12 BUDDIES HAD A COUPLE BEERS, ANOTHER BREWERY, AND THERE WAS A LADY ON STAGE GUY PLAYING THE GUITAR. SHE'S SINGING. AND THEY PLAYED FOR THREE OR FOUR HOURS ON A SUNDAY AFTERNOON. THERE WAS PROBABLY 14 PEOPLE THAT CAME AND WENT THROUGHOUT THE EXCITED GROUP OF 12 HOURS WITH 14. OTHER PEOPLE CAME AND WENT. WOULD THAT BE CLASSIFIED AS AN EVENT THEN? UNDER OUR DEFINITIONS OF OUTDOOR AMUSEMENT AND USES THAT THAT WOULD BE CLASSIFIED AS AN EVENT. UM, THERE ARE. PROVISION WITHIN OUR SOUND ORDINANCE TO ALLOW FOR SOME SOME MUSICAL. PERFORMANCE AND THINGS WITHIN A PARAMETER OF DECIBELS. HOWEVER UM, YOU KNOW, IN OUR CONSIDERATION OF IT, WE DO LOOK

[00:15:01]

AT, YOU KNOW, BASICALLY ANY OUTDOOR PERFORMANCE AS A COMPONENT OF THAT OUTDOOR AMUSEMENT USE. TAKE A LITTLE BIT TO THE SOUND OF OKAY? YOUR BUYER. SURE YEAH. SO WITHIN 500 FT OF RESIDENTIAL USES THERE ARE ENHANCED PERFORMANCE STANDARDS FOR COMMERCIAL PROPERTIES. ONE OF THOSE IS INCLUDING, YOU KNOW. DECIBEL CAPS AT THE RESIDENTIAL PROPERTY LINE. SO FOR RESIDENTIAL USES DURING NIGHTTIME HOURS, UM THE MAXIMUM DECIBEL LEVEL IS 58 DECIBELS AT THE RESIDENTIAL PROPERTY LINE. FOR COMPARISON, A TYPICAL CONVERSATION SOMEWHERE BETWEEN 60 AND 70 DECIBELS. AND YOU KNOW, WE'VE WORKED WITH THE TOPS TEAM TO MAKE SURE THAT THEY WERE FULLY AWARE OF ALL OF THE NOISE REQUIREMENTS. THEY SUBMITTED A LETTER STATING THAT YOU KNOW THEY'RE INTENDING TO WORK WITH SOME SOUND ENGINEERS TO KIND OF. CAME AS THE SOUND WAVES AWAY FROM THOSE RESIDENTIAL USES AND HELP USE THEIR PROPOSED BREWERY TO BUFFER. SOME OF THAT SOUND FROM REACHING THOSE RESIDENTIAL USES AS WELL. AND THEY WERE CONFIDENT THAT THEY COULD MEET THOSE PERFORMANCE STANDARDS.

UM, WITH WITH THOSE CONSIDERATIONS, UM, THEY DID NOT PROVIDE A SOUND STUDY AND THEY GIVEN THAT THE STRUCTURE IS NOT EXISTING, THEY THOUGHT THAT WAS GOING TO BE. DIFFICULT THING TO ACHIEVE BECAUSE THE STRUCTURES ARE CURRENTLY THERE SO YOU CAN'T TEST BUT. THEY HAVE. THEY'RE FULLY AWARE OF THOSE PERFORMANCE REGULATIONS AND THE CITY OBVIOUSLY. HAS THOSE IN PLACE FOR THE RESIDENTS PRODUCTION. DATE. YES. ABSOLUTELY SO. THE NIGHTTIME HOURS. ALL MY REFERENCE DOCUMENTS. SORRY.

JUST A FEW THINGS ON THIS CASE TO CONSIDER. THERE'S NIGHTTIME HOURS ARE GOING TO BE BETWEEN ON THE DAYTIME. THEY GO BY DAYS OF WEEK. SO ON FRIDAY AND SATURDAY NIGHT, QUIET HOURS ARE FROM 11:30 P.M. TO SEVEN A.M. AND THE REST OF THE WEEK. THOSE QUIET HOURS KICK IN AT 10 OR 10, P.M. AND THROUGH SEVEN A.M. AND THE DAYTIME VESTIBULE LEVELS, I BELIEVE IS 65 IN THE DAYTIME AGAIN, THAT'S STILL WITHIN THAT STANDARD CONVERSATION. UM, AND THEN THE NIGHTTIME HOURS. IT'S 58 DECIBELS AT THE PROPERTY LINE, SO THAT WOULD BE LOWER THAN A NORMAL CONVERSATION. TOPS ITSELF HAS SUBMITTED FOR THIS S U P. THEY AWARE AND AN AGREEMENT WITH YOU GUYS ON LIMITATIONS. SEEMS THESE LIMITATIONS. TWO DAYS A WEEK.

CERTAIN HOURS, IT SEEMS TOUGH, JUST CURIOSITY, MAKE SURE THE TENANT. FULLY UNDERSTAND WHAT THEY'RE BUYING. IT'S YES. SO THE APPLICANT DID SUBMIT A LETTER SAYING, STATING THAT THEY WERE AWARE OF THIS NOISE NOISE ORDINANCE REQUIREMENTS AND THAT THEY THINK THAT THEY CAN MEET THEM. AND WE ALSO WORKED WITH THEM ON THE STAFF PROPOSAL TO THE NUMBER OF DAYS AND. THINGS THAT WE'RE PROPOSING HERE AND I'LL LET THEN SPEAK TO THAT A LITTLE BIT MORE, BUT TO MY UNDERSTANDING THEY THEY HAVE ACKNOWLEDGED THAT THEY WOULD BE AMENABLE TO THAT SOLUTION. A NUMBER OF CITATIONS. YOU HAVE SOMETHING WHERE YEAH. RETURN. AT ITS ROOT. AND THAT WOULD BE A PROCESS FOR CODE ENFORCEMENT TEAM. WE DO HAVE A PROCESS TO CITE PEOPLE FOR REPEATED VIOLATIONS AGAIN THAT THAT WOULD HAVE HAPPENED. THROUGH OUR CODE ENFORCEMENT PROGRAM, UM AFTER SIDE IF THERE WERE ISSUES MEETING THOSE PERFORMANCE STANDARDS. AND SO THEY. IT REALLY WOULD HAVE TO BE A CODE CASE THAT WOULD BE OPENED UP IF THERE WERE AN ISSUE AND THE CITY WOULD DO INVESTIGATIONS TO MAKE SURE THEY WERE WERE NOT IN CONFORMANCE AND. AND KIND OF WORK IT THAT WAY, AND I KNOW THAT THEY DO HAVE A PROCESS FOR CITING PEOPLE FOR REPEATED VIOLATIONS. QUESTIONS BUT WE'LL LET THAT SIDE ASK TRUMP. THANKS, RICHARD. YEAH. I GOT A QUESTION. I'LL GET AWAY FROM THE NOISE. UH WITH THIS S U P. ARE THERE ANY REGULATIONS OR RULES FOR PARKING. IT'S WITH THE SOUTH OUTDOOR AMUSEMENT FACILITY. WILL THEY HAVE TO HAVE SOME SORT OF GOVERNMENT OR.

[00:20:09]

TIME? YES SO THIS THIS IS OWNING IS PART OF THE MCKINNEY TOWN CENTRE DISTRICT, WHICH DOES HAVE A PROVISION THAT SITES CAN USE PUBLICLY STRIPED PARKING SPACES WITHIN 200 FT.

OF THIS SITE TO SATISFY UP TO 100% OF THEIR PARKING REQUIREMENT. THERE IS A SEPARATE PROJECT CURRENTLY IN THE WORKS. THERE YOU CAN SEE IT. HERE THEY ARE. LOOKING AT.

RENOVATING THIS AREA DOWN HERE FOR A PUBLIC PARKING LOT. THE CITY HAS SUBMITTED A SITE PLAN ON THAT THAT'S CURRENTLY UNDER REVIEW. THE PROPOSED PARKING LOT HAS MORE THAN ENOUGH PARKING TO MEET THEIR MINIMUM PARKING REQUIREMENTS. SO BECAUSE IT'S WITHIN 200 FT. OF THE SUBJECT PROPERTY THEY'RE PERMITTED TO UTILIZE THAT PARKING FOR THEIR PURPOSES. THE RESIDENTS ARE PROTECTED YEAR ROUND. THERE ARE. NO WAYS OVER AND AS FAR AS THAT GOES, SO THE ESSENCE OF ALLOTTING OUTDOOR EVENTS IS THAT PROTECTION SIMPLY FROM TRAFFIC IN THE AREA OR PARKING IN THE AREA. UM. SIMPLY YOU'RE PROTECTED BY YOUR NOISE ORDINANCE. WHY IS THE OUTDOOR EVENT THAN IN ESSENCE AND ANOTHER LAYER PROTECTION? SO YEAH, THE GOVERNING ZONING DOES REQUIRE THAT SPECIFIC USE PERMIT AND SPECIFICALLY TO HOPEFULLY AVOID CONFLICTS BETWEEN YOU USE IS BECAUSE, WHILE. SPECIFIC USE PERMIT FOR THIS. YOU MIGHT BE APPROPRIATE IN THIS LOCATION. IT MIGHT NOT BE IN ANOTHER. UM AND SO WHEN WE LOOKED AT THAT, UM YOU KNOW, WE TRIED TO FIND A BALANCE RATHER THAN GIVING CARTE BLANCHE FOR. YOU KNOW SOMETHING WHERE YOU COULD HAVE AN EVENT EVERY NIGHT. WE LOOKED TO FIND THAT COMPROMISE BETWEEN THE INTERESTS OF OBVIOUSLY THE TUBS AND CITY AS WELL AS NEIGHBORING PRESIDENTIAL USES. AND SO THAT'S WHERE OUR COMPROMISES COME INTO PLAY WITH THOSE RECOMMENDED CONDITIONS OF APPROVAL. ANXIOUS TO HEAR APPLICANTS RESPONSE BECAUSE IT JUST SEEMS VERY SHORT ME AS FAR AS THAT NUMBER OF DAYS. I MEAN, IT WOULD BE DISAPPOINTED TO SHOW UP ON. NEXT WEEKEND, AND WE'RE NO LONGER DOING MUSIC BECAUSE WE CAN'T AFFORD IT TO USE OUR OUTDOOR EVENT DAYS. AND WITH THE CDC IN THE. CITIES PARTNERSHIP WITH ALL THIS. IT SEEMS LIKE WORK. RESTRICTING THE BUSINESS PLAN OVERALL WITH THIS WHY THE RESIDENTS ARE PROTECTED BY NOISE ORDINANCE.

RIGHT? YES, MY QUESTION WOULD BE. IS THERE ANYWHERE THAT YOU KNOW? WE TALKED ABOUT WHAT'S DEFINING AN EVENT. IS THERE ANYTHING IN WRITING THAT DEFINES AN EVENT BECAUSE I SEE NOTHING IN WRITING. WHAT IS CLASSIFIED AS AN EVENT. SO HOW DOES THAT NEED LEAD? INTERPRETATION OPEN WHAT THEY DEFINE AS AN EVENT VERSUS THE CITY IS DEFINED. CITY DOES HAVE A DEFINITION FOR OUTDOOR. MORE AMUSEMENT USES. TYPICALLY IT'S WHEN YOU ARE CHARGING ADMISSION FOR WATCHING WHATEVER IS HAPPENING INSIDE. UM. IT'S YOU KNOW THAT THAT IT MEANS THAT PAID COMPONENT IS PART OF THE CITY'S DEFINITION FOR OUTDOOR AMUSEMENT. UM, YOU KNOW, BUT.

WHEN WE LOOK AT IT IN A WIDER CONTEXT HERE, UM YOU KNOW, FOR INSTANCE, DOWNTOWN, IF YOU IF YOU HAVE A BAND AT YOUR RESTAURANT PATIO, THOSE STILL TYPICALLY REQUIRED EVENT PERMITS. SO WE WOULD LOOK AT THOSE KIND OF EVENT PERMITS AS WELL AS WHAT ARE TYPICAL OUTDOOR AMUSEMENT DEFINITION PERMITS, AND THAT'S KIND OF WHAT WE'RE INCLUDING IN THOSE DEFINITIONS OF EVENTS HERE. UM, ANY CASES IN. SOMETHING LIKE THIS WITH THESE KINDS OF CONDITIONS AGAIN. RAIN. SO YOU MENTIONED IF WE'RE NOT CONCERNED THAT I WAS GOING TO BE AN ISSUE YEAH. I'M NOT SURE IF WE'VE GOT A HISTORICAL PRECEDENT. I KNOW MICHAEL QUINN CAN SPEAK TO THAT. BUT. DON'T WANT TO TAKE OVER YOUR MEETING. MICHAEL QUINN, EXECUTIVE DIRECTOR OF DEVELOPMENT SERVICES, THERE ARE A COUPLE OF THINGS IN PLAY HERE. SO FIRST AND FOREMOST, ABSOLUTELY. YOU'RE RIGHT. WE DO HAVE NOISE PROTECTIONS. BUT IF YOU KNOW, AND I'VE HAD, UNFORTUNATELY, A LOT OF EXPERIENCE WITH NOISE AND NOISE COMPLAINTS, PARTNERING WITH OUR CODE SERVICES TEAM. UM. IT'S NOT AS EASY TO SAY IS THE NOISE ORDINANCES PROTECTING THESE FOLKS BECAUSE IT'S BELOW A CERTAIN DECIBEL, IF YOU KNOW, AMBIENT NOISE, ANYTHING THAT'S NEW. WILL DRAW A COMPLAINT AND THERE'S ADDITIONAL STANDARDS REGARDING NUISANCE OR DISTURBANCES. ABOVE AND BEYOND JUST A PERFORMANCE STANDARD VIOLATION. NOW, THINK THROUGH THAT. WHEN YOU READ THROUGH THE NOISE STANDARDS AND WHAT CONSTITUTES A DISTURBANCE, THE VERB IT SPEAKS TO WHAT A REASONABLE PERSON WOULD DEFINE

[00:25:04]

AS A DISTURBANCE. IF A CITATION IS EVENTUALLY ISSUED, THEN IT GOES TO MUNICIPAL COURT. AND NOW THE JUDGE HAS TO DECIDE WHAT A REASONABLE PERSON WOULD DETERMINE A NEW SENSE. AND SO IT'S NOT AS EASY AS SAYING. OKAY WE'VE GOT A NORTH NOISE ORDINANCE. THE RESIDENTS ARE PROTECTED IF YOU KNOW ANYTHING ABOUT NOISE. ANYTHING THAT'S NEW. IS GOING TO BE, IT'S GOING TO DRAW SOME COMPLAINTS. AND SO WHAT WE'RE TRYING TO DO. IS ACKNOWLEDGED ONE. YES WE HAVE REGULATIONS, BUT THEN TO WE'RE TRYING TO LIMIT HOW MANY TIMES THESE NEW SOUNDS ARE EMITTED INTO THESE RESIDENTIAL AREAS. BECAUSE REGARDLESS OF IF THEY'RE MEETING THE NOISE ORDINANCE OR NOT THE PERFORMANCE STANDARDS OR THE HOURS OF OPERATIONS, WE'RE GOING TO GET CALLS AND SO WHAT WE'RE TRYING TO DO IS PROTECT THOSE RESIDENTS FROM. WELL TWO THINGS ACKNOWLEDGING THAT TYPES IS AN EXCITING PROJECT. SOMETHING THAT WE WANT IN OUR DOWNTOWN FABRIC, SOMETHING THAT WILL EXPEDITE WE BELIEVE WILL EXPEDITE. REDEVELOPMENT IN THIS AREA OF OUR DOWNTOWN VERY MUCH SUPPORTIVE OF THAT, BUT TRYING TO BALANCE THAT TIGHTROPE ACT BY PROTECTING THE RESIDENTIAL AREAS AT THE SAME TIME AGAIN, IT'S NOT A SCIENCE. DEFINITELY AN ART AND WHAT WE'RE TRYING TO DO IS PARTNER WITH THE APPLICANT TO SEE THAT THIS BUSINESS IS HERE. SEE THAT THEY'RE A GOOD PARTNER. BUT ALSO A GOOD PARTNER WITH THE RESIDENTS, NOT JUST THE CITY IN C D. C. HOPEFULLY, THAT MAKES SENSE. HAVE WE DONE? WE'VE NOT TO MY KNOWLEDGE, BUT I'LL ADMIT TO YOU. I DON'T KNOW THAT WE HAVE ANYTHING LIKE TOUPS IN THE CITY OF MCKINNEY, EITHER, SO IT WOULDN'T NECESSARILY BE APPROPRIATE TO APPLY A CONDITION LIKE THIS TO ANOTHER GENERIC BUILDING. IN AN ENVIRONMENT THAT ISN'T THE EXACT SAME AS WHAT WE'RE TALKING ABOUT HERE VERY, VERY UNIQUE. SO TO CLARIFY IF WE WERE TO IMPROVE THIS. EACH TIME THEY DO AN EVENT THAT THEY HAVE TO GET A PERMIT OR THIS WOULD ALLOW THEM. YOU THEN FALL UNDER THE 72 PER YEAR, AND THERE IS NO SPECIAL PERMIT NEEDED FOR EACH EVENT. THEY WOULDN'T NEED TO GET A SPECIAL INTO THAT PERMIT FOR EVERY EVENT. HOWEVER IF THEY DO GET A SPECIAL EVENT PERMIT FOR THINGS, I MEAN, SOMETIMES LIKE A WIDER EVENT LIKE OCTOBERFEST, FOR INSTANCE, WOULD IT WOULD BE COVERED UNDER A SPECIAL EVENT PERMIT. THOSE WOULD ALL COUNT TOWARDS THAT CUMULATIVE TOTAL OF 72. SO WHERE I'M GOING WITH THAT IS THE ENFORCEMENT OF THIS BACK TO WHAT CONSTITUTES AN EVENT. THEY HAVE SOMEBODY PLAYS OR SOMEBODY RIDING DOWN. WE HAD ONE EVENT. IF THEY DON'T GET A PERMIT. HOW DOES THE CITY REALLY ENFORCED? SO HAVING TO CONTINUOUSLY REPORT BACK TO THE CITY LIKE WE HAD AN EVENT THIS WEEKEND. SO IT WOULD BE A COMPLAINT BASED SORT OF ENFORCEMENT. SO IF WE DID FIND THAT THERE WERE MORE EVENTS HAPPENING AND WHAT WERE PERMITTED, AND THEN AGAIN, IT WOULD. TURN INTO A CODE ISSUE AT THAT POINT, BECAUSE THEY'D BE IN VIOLATION OF THE TERMS OF THEIR SPECIFIC USE PERMIT. IF THEY SIMPLY PLAYED MUSIC OVER LOUDSPEAKERS. IT'S NOT AN EVENT, BUT WE STILL HAVE NOISE CORRECT. CORRECT AND THAT'S WHERE THE NOISE ORDINANCE WOULD KICK IN. HISTORICALLY THIS IS A MEAL DISTRICT, WHICH HAS NOT BEEN QUIET. THE HISTORY OF IT. WHAT? WHAT? YOU GOT THE ROAD THAT RUNS THROUGH THERE. YES. AS THE RAILROAD RUN. I KNOW GOODS, SO YEAH, THE DARK RAILWAY RUNS ADJACENT TO THE PARKING LOT. SO IT'S QUITE CLOSE. SO IT'S STILL UNCLEAR.

SO IT WOULD A NOISE. PLANT WOULD THEN WOULD IT BE? WHAT WOULD BE THE TRIGGER? CALCULATE WHETHER OR NOT THAT WAS HOW DO YOU KEEP TRACK OF THE EVENT? TWO WAYS, UM, KNOWING THAT WE HAVE A GOOD PARTNERSHIP AND WILL FOR A LONG TIME WITH TUBS. WE CAN ASK THEM TO PROACTIVELY REPORT THAT, BUT JOE IS ABSOLUTELY RIGHT. THE MAJORITY OF OUR COMPLIANCE TYPE THINGS LIKE THIS WILL COME IN. BASED ON COMPLAINT, FOR EXAMPLE, LET'S SAY IT'S EIGHT O'CLOCK AT NIGHT, AND THE RESIDENTS COMPLAIN. THE POLICE OFFICER RESPONDING WILL NOT KNOW THESE CONDITIONS ON THIS S U P THEY WON'T KNOW THEY'LL JUST GO TO TUBS AND SAY, HEY, WE GOT A COMPLAINT. CAN YOU KEEP THE NOISE NOISE DOWN? NINE TIMES OUT OF 10. THAT'S HOW NOISE ISSUES IN THE CITY OF MCKINNEY ARE ADDRESSED, AND SO ABSOLUTELY WE CAN WORK OUT SOME INTERNAL, UM, STRUCTURE WHERE TOPS PROACTIVELY REPORTS TO US, AND WE CAN KEEP A LOG. OR IF WE GET COMPLAINTS, WE CAN ABSOLUTELY COORDINATE WITH TUBS VIA THAT WAY. BUT AGAIN, I DO WANT TO STRESS ISSUING CITATIONS IS NOT THE FIRST STEP ISSUING CITATIONS. I'VE BEEN HERE 15 YEARS. I'M AWARE OF ONE NOISE CITATION THAT WE'VE ISSUED IN 15 YEARS AND I WANT TO BE VERY, VERY CLEAR. YES WE HAVE THE ABILITY TO DO THAT. IT'S NOT OUR GO TO WE. LIKE TO WORK WITH PROPERTY OWNERS. BUSINESS OWNERS FOR PROACTIVE COMPLIANCE WE'VE HAD A NUMBER

[00:30:03]

OF CONVERSATIONS WITH THE PNC AND THE COUNCIL IN THE PAST ABOUT PROACTIVE COMPLIANCE. AND SO. YES WE CAN WORK OUT A PROGRAM WITH TOPS WHERE THEY PROACTIVELY REPORT. WE CAN SUPPLEMENT THAT WITH COMPLAINTS, BUT LONG STORY SHORT COMPLIANCE WILL WILL LIKELY BE A CHALLENGE OVER TIME. AT THE SAME TIME YOU LOOK AT THE SITE PLAN THEY HAVE, WHICH IS INCREDIBLE. IT'S A TON OF OUTDOOR SPACE. YOU'VE GOT CONCRETE PONDS. GARDEN AREAS EVERYWHERE. IT'S GONNA BE A LOT OF TRAFFIC WITHOUT EVENTS. SURE, ARE THEY GOING TO BE LIMITED TO NOISE ON NON EVENT DAYS? AND IS THERE ANYTHING? I MEAN, THIS IS A BIG OUTDOOR VENUE. SURE, IT'S GONNA BE OTHER THAN THE YARD. IT APPEARS, UM. ASSUMING THAT THERE'S NO STANDARDS AT ALL RELATED TO OTHER DAYS. THE OTHER 72 DAYS. MY 3 65 MINUS 72. I'M NOT SURE I FULLY UNDERSTAND YOUR QUESTION. IT'S TRAFFIC OR NOISE. WHAT WELL, YEAH, SO IN THE END, THERE'S GOING TO BE A LOT OF PEOPLE OUTSIDE, NO DOUBT. AND SO THAT'S. JUST MAKING SURE THAT'S NOT PART OF THE IF THERE'S NO BAND PLAYING THAT DAY, OR THERE'S NOT A TECHNICAL EVENTS STILL SUBJECT TO OUR NOISE ORDINANCE. STILL SUBJECT TO DECIBEL RANGE IS, I THINK JOE MENTIONED THE NIGHT OUR DECIBEL RANGE IS WHAT WAS 58 1965 DURING THE DAY, SOMETHING LIKE THAT. SO AT THE DAYTIME AT THE BOUNDING RESIDENTIAL PROPERTY LINE. IF THERE'S A BUNCH OF PEOPLE SCREAMING OR WHATEVER, AND IT'S BEYOND 65 DECIBELS, THEN YES, THEY'RE TECHNICALLY IN VIOLATION OF THE ORDINANCE, BUT I GO BACK TO WHAT I SAID A FEW MINUTES AGO. PROACTIVE COMPLIANCE, VOLUNTARY COMPLIANCE. NOBODY'S GOING TO ISSUE A CITATION BECAUSE 20 PEOPLE ARE OUT THERE HOOTING AND HOLLERING AND HAVING A GOOD TIME. WELL, WE ABSOLUTELY GO TO THE OWNER AND SAY, HEY, YOUR PATRONS ARE PRETTY LOUD. THEY'RE BOTHERING THE RESIDENTS.

CAN YOU ASK HIM TO KEEP IT DOWN? YES AND NINE TIMES OUT OF 10 THAT RESOLVES THE ISSUE. NOT ANOTHER ISSUE. BUT YOU, YOU YOU SPOKE TO TRAFFIC. YES. WE ABSOLUTELY UNDERSTAND THAT THEY'RE GOING TO BE A LOT OF FOLKS HERE. WE WANT THAT. WE WANT ACTIVITY. WE WANT LIFE HERE. WE WANT THIS TO BE A VIBRANT PLACE. AND SO WHAT WE'RE TRYING TO DO LIKE I MENTIONED BEFORE. WALK THAT TIGHTROPE WHERE WE CAN PARTNER WITH TUBS HELP THEM BE SUCCESSFUL. HAVE THEM BE A GREAT CONTRIBUTION TO OUR DOWNTOWN BUT ALSO TRY AND PRESERVE THE RESIDENTIAL CHARACTER THAT ALREADY IS THERE IN A LARGE. LARGE STANDPOINT, IF YOU WILL DO WANT TO BRIEFLY MENTIONED THE RAILROAD TRACKS, SO YES, DARK GOES THROUGH. IT'S A DARK TONE LINE, BUT THERE ARE KIND OF INDUSTRIAL TRAINS THAT GO THROUGH THERE PERIODICALLY, NOT REGULARLY, BUT THEY'RE ALSO EXEMPT FROM OUR NOISE ORDINANCE. AUTOMOBILES AIRPLANES, TRAINS EXEMPT THANK YOU. ONE MORE QUESTION FOR SARAH. DISCUSS SCREEN WITH THE AFTER. CAN YOU HIGHLIGHT JUST FOR THE RECORD WHERE THE SINGLE FIVE MINUTE RESIDENTS ARE? SIDE PLAN THE SURROUNDING IT. YEAH, UM AND MIGHT BE. USEFUL TO KIND OF LOOK AT THE AERIAL HERE SO YOU CAN SEE THERE ARE EXISTING RESIDENTIAL USES. UM THERE ARE SOME HERE. AND THERE ARE SOME HERE AND THEN THIS AREA IS. VACANT AREAS ZONED FOR RESIDENTIAL USES AS WELL. SHOW ON THE SCREEN RIGHT THERE, COULD YOU. PUT THOSE BACK UP AND THEN IDENTIFY WHERE THE STAGES. SURE SO PRESIDENTIAL USES HERE. THEN THE PROPOSED STAGES PART OF THIS EXISTING STRUCTURE HERE. AND THEN THE FUTURE BREWERY. UM WOULD WOULD GO THERE. THANK YOU. THEY HAD A HISTORY OF GETTING NOISE COMPLAINTS. HELPS. UM TO MY KNOWLEDGE THAT THEIR EXISTING SITE I HAVE NOT HEARD THAT THERE HAS BEEN AN ISSUE OF CODE, BUT I MEAN, I KNOW THAT THE COTTON MILL IS SET UP A LITTLE BIT DIFFERENTLY TO THIS SITE, SO WHERE THEY ARE CURRENTLY LOCATED. SO OKAY. I HADN'T HEARD ANYTHING. THEY HAVEN'T. HAD ANY NOT TO MY KNOWLEDGE OF THEIR EXISTING SITE. YOU REMIND US OF THE HEIGHT OF THE BUILDINGS. SURE, THE PROPOSED BREWERY IS APPROXIMATELY 58 FT. TALL. AND THE EXISTING STRUCTURES. OBVIOUSLY THE MILL STRUCTURE IS QUITE TALL, GIVEN ITS KIND OF TOWER CRANE, BUT THAT'S THAT WOULDN'T BE CHANGING. THE ONLY ADDITION WOULD BE A SINGLE STORY. UM. AS PART OF THEIR EDITION THAT KIND OF COMES IN HERE. SO THERE'S GOING TO BE A LARGE BUILDING THERE WHERE THE BREWERY IS PROTECTED, MITIGATING SOME OF SOME OF THE SOUND THERE ON THE SOUTH KOREA BUT ON THE EAST, THERE'S NO BUILDINGS OR ANYTHING PLANNED ON THE EAST SIDE OF THE. CURRENT. CURRENTLY

[00:35:03]

THERE IS NO STRUCTURE IS PLANNED FOR THE EAST SIDE OF THE THIS THE LOT, BUT I CAN SHOW YOU ON HERE. UM. THEY ARE PROPOSING SOME SCREENING. THERE WOULD BE A. MASONRY KIND OF BLOCK WALL HERE. AND THEN THERE IS A FENCING. PRODUCT THAT WOULD GO ACROSS AND THAT'S WHERE WE'RE ANTICIPATING SOME ADDITIONAL LANDSCAPING. UM. DID SUBMIT A LANDSCAPING EXHIBIT HERE WHERE YOU CAN SEE AND THE KINDS OF LANDSCAPING THAT'S BEING PROPOSED IN THE TYPES OF FENCING THAT'S BEING PROPOSED. SO YOU HAVE THE WALL THERE, WHERE THE ORANGES THAT'S PROPOSED TO BE SEVEN FT. SIX INCHES TALL. AND THEN THEY HAVE SOME FENCING IN THE OTHER AREAS THAT YOU CAN SEE WHERE IT'S CURRENTLY. HIGHLIGHT THOSE AREAS SO THERE WOULD BE SOME FENCING HERE. AND FENCING. KIND OF ALONG HERE. THOSE AREAS WOULD BE ARE PROPOSED TO BE OF THAT METAL FENCING THERE. UM AND THEN THEY HAVE LIVING SCREEN IN FRONT OF THAT WHICH WOULD SATISFY THE SCREENING REQUIREMENT OF THE ORDINANCE. THAT IS ALSO WHERE WE ARE.

PROPOSING ADDITIONAL ENHANCED LANDSCAPING TO HELP KIND OF BUFFER AND MITIGATE THAT VIEW FROM ANY RESIDENTIAL USES. GO BACK TO THE SITE PLAN. IT SHOWS WHERE THE STAGES IN WHICH WAY STAGE WILL FACE YOU BET. AND SO THE PROPOSED STAGE ISN'T RIGHT HERE ON THIS STRUCTURE. AND ITS PROPOSED TO FACE TOWARD THE BACK SIDE OF THAT WE'RE REBUILDING THEIR. OTHER QUESTIONS OF STAFF. THANK YOU. JOE IS THEIR APPLICANT HERE TONIGHT? IF YOU'LL COME UP, AND, UM. LET'S HEAR YOUR SIDE. YEAH. KEITH LEWIS, OWNER FOUNDER OF TOPS, I APPRECIATE YOU HAVING ME HERE. WE'VE WORKED PRETTY EXTENSIVELY ON THIS, UM. WE HAVE COME TO SOME COMPROMISE IS TO BASICALLY REALIZE THE DREAM BUT TO BE SENSITIVE ABOUT THE LOCAL RESIDENTS. I THINK SCOTT TO YOUR YOUR ISSUE IS IF I SHOW UP WITH SOME BODIES, AND THERE'S 14 PEOPLE THERE IS THAT AN EVENT. UM WE WOULD HOPE YOU BE INSIDE. AND WE WILL HAVE MUSIC INSIDE. SO TODAY. IF YOU GO TO TOPS, THERE'S A LOT OF MUSIC GOING ON, YOU KNOW, FRIDAY, SATURDAY SUNDAY, BUT IT IS ALL INSIDE SO. WE WILL HAVE A STAGE INSIDE THE TAPROOM BUILDING. SO WE THINK A LOT OF PEOPLE WILL HANG OUT THERE. THE. THE PART THAT GETS ODD AND WHERE WE HAVE TO REALLY CONTINUE TO COMMUNICATE IS LIKE WE HAVE YOGA ON SUNDAY MORNING OUTSIDE.

AND THEN YOGA. THEY LIKE TO PLAY THE YOGA MUSIC. WELL, IT'S MUSIC, YOU KNOW, SO. WE DID BUY A DB METER AND WE'VE HARASSED PEOPLE IN THE BREWERY WITH THAT TO FIGURE OUT HOW YOU KNOW LOUD. CERTAIN THINGS ARE. SO WE'LL BE WALKING AROUND KIND OF MONITORING THAT AND WE'D ALREADY PLAN ON KEEPING TRACK OF THE DAYS THAT WE HAVE MUSIC OUTSIDE. THE THING THAT'S INTERESTING. WELL, I THINK IN THE FUTURE WILL BE. IS WHEN WE'RE PLANNING EVENTS WITH THE CITY AND WITH AMY AND ALL THESE CRAZY THINGS WE'RE GOING TO HAVE TO YOU KNOW, PULL BACK, YOU KNOW, OR MAYBE MAKE OTHER ADJUSTMENTS IF, IN FACT. EVERYBODY REALLY WANTS TO HAVE MORE ACTIVITY. BUT FOR NOW, IT SEEMS VERY REASONABLE TO HAVE. YOU KNOW, SIX EVENTS OUTSIDE.

WE WILL STILL HAVE A LOT OF EVENTS INSIDE SOME. GET SOME CONFUSED IS YOGA SUNDAY AND OUTDOOR BENT AND COUNT AGAINST THE TOTAL. WE WOULD HAVE TO MOVE YOGA INSIDE OR CANCEL IT SO OR WE WOULD TELL THEM JUST NOT HAVE ANY. MUSIC. I DON'T THINK MUSIC DEFINES THE EVENT.

I THINK JUST THE FACT OF GATHERING TO FIND AN EVENT THERE DOESN'T HAVE TO BE MUSIC CORRECT. CONCERNS. SIMPLY FIVE PEOPLE OUTSIDE DOING YOGA IS AN INVENT BY WHAT WE'VE BEEN TOLD.

SO, YES, PART OF THE OUTDOOR AMUSEMENT COMPONENT WOULD BE IF YOU'RE CHARGING ADMISSION. OR WHATEVER, INSIDE THAT THAT CONSTITUTES AN EVENT AND IT HAS OUTDOOR AMUSEMENT. IT'S KIND OF CAUSES. SO THEY'VE GOT. I'M NOT AWARE IF YOU CHARGE FOR THAT, UM YEAH, BUT YOU KNOW IF IT'S IF IT'S UNDER THAT UMBRELLA OF KIND OF YOU'RE PAYING GET ENTRY TO DO WHATEVER IT IS INSIDE.

THAT'S WHAT'S CLASSIFIED UNDER THAT OUTDOOR AMUSEMENT CLAWS. OKAY, SO. SATURDAY MUSIC'S GOING ON OUTSIDE, THERE'S NO CHARGE TO BE THERE SIMPLY IF YOU WANT TO BEER YOU'RE PAYING FOR A BEER. THAT'S NOT AN EVENT. CORRECTED I MEAN, IF THERE ARE OUTDOOR SEATING AREAS

[00:40:03]

AND THINGS IN CONJUNCTION WITH THE TAP ROOM. THAT IS ALL PERMITTED UNDER THE EXISTING ZONING OF THE PROPERTY. IT'S A RESTAURANT PEP USE. WHAT WOULDN'T BE PERMITTED UNDER THAT, UNDER THAT OUTDOOR AMUSEMENT CLAUSES WHEN YOU DO. KIND OF DEER FROM JUST HAVING YOUR STANDARD RESTAURANT PATIO TO HAVING A FULL ON, YOU KNOW, YOU'RE HAVING A CONCERT, OR, YOU KNOW YOU HAVE LIVE ENTERTAINMENT. YOU'VE GOT PERFORMANCES AND AGAIN, PEOPLE ARE PAYING TO GET IN TO SEE THOSE THINGS. SO IT LIMITS HERE. DESIGNATED HIGHWAY HOLIDAYS, BUT THE LAST PART OF SEIZES FRIDAY SATURDAYS SO TECHNICALLY, CAN THEY EVEN HAVE YOGA? ON A SUNDAY. YEAH, BUT IT WOULD COUNT TOWARD DOES MONTHLY TOTALS BECAUSE IT DOESN'T LIMIT YOU TO ONLY HAVING THOSE EVENTS ON FRIDAY AND SATURDAYS. YOU COULD HAVE THE MANY DAYS A WEEK.

NO. WHAT IT STATES RIGHT HERE. ISN'T THIS LET'S READ IT. LET'S BE CLEAR. IT'S ON THE RECORD AFTER EVENTS, INCLUDING OUTDOOR AND OPEN AIR ON THE SUBJECT PROPERTY SHOULD BE LIMITED. SIX DAYS PER MONTH FOR 72 PER YEAR AND SHELL OCCUR ONLY ON THE FOLLOWING DAYS. A DESIGNATED FEDERAL HOLIDAYS BE DURING CITY SANCTIONS SPECIAL EVENTS. WAR. FRIDAY AND SATURDAY. THERE'S AN IN CLAUSE AND YOU GO INTO A STEP THREE THAT DOES NOT DEFINE ANYTHING. SO THAT'S THE QUESTION THAT WE KEEP ASKING WHAT DEFINES OF THAT BECAUSE AS OF THIS YOGA IS NOT ALLOWED.

AND TO ALL OF YOUR POINT IF THERE'S NOT CONCERNED THAT THERE'S GOING TO BE THAT NOISE VIOLATION. IT'S THAT NOISE VIOLATION THAT IS IN IN LAW THAT PROTECTS WAS RESIDENT SO ADDING WITH THIS ADDITIONAL STUFF, I THINK MUDDIES. INFUSES THE BUSINESS OWNER AND WHAT THEY'RE YEAH. IS THAT. I'M NOT SURE I'M GOING TO BE ABLE TO CLARIFY, BUT I WANT TO REMIND YOU GUYS OF YOUR RIGHTS AS PLANNING AND ZONING COMMISSION STAFF HAS MADE THEIR RECOMMENDATION. WE FEEL LIKE OUR RECOMMENDATION IS APPROPRIATE FOR THE SITE. WE WORKED WITH THE PROPERTY OWNER. PLANNING AND ZONING COMMISSION WANTS TO MODIFY STATS RECOMMENDATION AND MAKE YOUR OWN. YOU'RE ABSOLUTELY FREE TO DO SO. I WOULD ALSO SPEAK TO AGAIN. PROACTIVE VOLUNTARY COMPLIANCE HERE. IF KEITH AND AGAIN SAYING THIS ON THE RECORD PROBABLY SHOULDN'T BUT HEY, WE'RE HERE. WE'RE TALKING ABOUT IT. SO LET'S GO. UM WHAT WE DON'T KNOW. AND DOESN'T DRAW COMPLAINTS, ASSUMING THAT KEITH IS DOING EVERYTHING RIGHT, NOBODY'S GOING TO KNOW THAT'S NOT THE CORRECT. OKAY HAMILTON, MR JOKE. I APOLOGIZE. YEAH. I MEAN, I'M. I'M JUST TELLING YOU HOW THINGS HAPPEN. I'M TELLING YOU THAT WE ARE ONE OF THE FASTEST GROWING CITIES IN THE COUNTRY, AND A LOT OF THESE THINGS WILL BE COME. COMPLAINT BASED, AND IF WE DON'T KNOW ABOUT IT, AND IT'S NOT REPORTED TO US, WE'RE NOT GOING TO HARASS OUR BUSINESS IS TO MAKE SURE THAT THEY'RE COMPLYING WITH EVERYTHING. WHAT WE'VE PRESENTED TO THE COMMISSION IS WHAT WE FEEL LIKE IS A REASONABLE COMPROMISE TO WALK A TIGHTROPE AS WE'VE MENTIONED. WE ABSOLUTELY WANT TUBS TO BE ON THIS SITE. WE WANT THEM TO BE A GREAT CONTRIBUTING MEMBER TO OUR DOWNTOWN REVITALIZATION EFFORTS. THE FLIP SIDE IS. WE CANNOT BE THERE 24 7 TO MAKE SURE THAT EVERY ORDINANCE IS BEING MET. WE'RE GOING TO PROACTIVELY COORDINATE WITH A BUSINESS OWNER. WE'RE GOING TO ASK THAT THEY VOLUNTARILY COMPLY WITH A LOT OF THESE REGULATIONS. AND IF THEY'RE NOT, WE'VE GOT 200,000 PEOPLE IN THIS CITY THAT WILL LET US KNOW. AND I CAN TELL YOU. THEY DO THEY LET US KNOW VERY, VERY QUICKLY WHEN SOMEONE IS NOT COMPLYING WITH AN ORDINANCE, SPEAKING TO WHAT? WHAT CONSTITUTES AN EVENT? ABSOLUTELY IT'S NOT AS CLEAR AS WE WOULD LIKE. BUT THE DEFINITION OF A COMMERCIAL OUTDOOR EVENT BASICALLY SAYS, MEANS ANY AMUSEMENT ENTERPRISE OFFERING ENTERTAINMENT OF GAMES OF SKILL TO THE GENERAL PUBLIC FOR A FEE. IF YOGA ISN'T CHARGING A FEE. NOT PER THIS AN OUTDOOR EVENT. AGAIN IT'S AN IMPERFECT DEFINITION. IT'S AN IMPERFECT SITUATION. COMMISSIONER DOKE. I APPRECIATE THAT. IT'S NOT THE ANSWER.

YOU'D LIKE TO HEAR. IT'S NOT THE ANSWER. I'D LIKE TO OFFER YOU. BUT IT'S THE ORDINANCES THAT WE HAVE TO ENFORCE AND THAT WE HAVE TO WORK WITHIN ITS IMPERFECT. I WISH I HAD A BETTER ANSWER FOR YOU, BUT WHERE WE SIT NOW IS WE ARE TRYING TO PARTNER WITH A DEVELOPER TO GET A PROPERTY. ACTIVE AND ADDING LIFE AND POSITIVELY CONTRIBUTING TO OUR DOWNTOWN THAT WE ARE SUPER SUPER PROTECTIVE OF AND SUPER SUPPORTIVE OF. WE'RE ALSO TRYING TO BE SUPER PROTECTIVE OF THE RESIDENTS THAT LIVE THERE. THAT WILL BE EITHER POSITIVELY OR NEGATIVELY BUT IN SOME WAY AFFECTED BY THIS BUSINESS, AND WE'RE TRYING TO BE ALL THINGS TO ALL PEOPLE WITH AN IMPERFECT ORDINANCE. I WISH I HAD A BETTER ANSWER FOR YOU GUYS. AND THAT'S WHY I REMIND YOU OF YOUR RIGHTS. YOUR AUTHORITY AS A PLANNING AND

[00:45:05]

ZONING COMMISSION. WE'VE MADE A RECOMMENDATION. WE FEEL LIKE IT'S THE BEST OF BOTH WORLDS.

ADMITTEDLY IT'S IMPERFECT. IT'S NOT THE ANSWER. WE'D LIKE TO GIVE YOU. BUT AT THE END OF THE DAY, THAT'S WHERE WE'RE AT AND WILL DEFER TO WHATEVER RECOMMENDATION THAT YOU GUYS SEE FIT TO OFFER THE COUNCIL, BUT THAT'S WHERE WE'RE AT AT THIS. THANK YOU, MR QUINT.

APPRECIATE IT. LET'S DO THIS. LET'S GET BACK TO THE APPLICANT. AND HIS PRESENTATION IN QUESTIONS FOR YEAH, WE DO HAVE A PROCESS HERE AND WE WILL LOVE KEY HERE WERE OUT IN THE DITCH. JUST GET BACK UP IN THE FAIRWAY. FLOOR IS YOURS. WELL, I GUESS. THE THING TO ME IS.

THIS HAS TO BE APPROVED BEFORE WE CAN GET THE CIDER PERU BEFORE WE CAN START BUILDING IT AND I WANT TO START BUILDING THIS THING WORSE THAN ANYBODY SO. I'M SURE YOU CAN REALIZE WHAT'S GOING ON THERE. UM I'M WILLING TO WORK WITHIN THE PARAMETERS THAT ARE THAT ARE ESTABLISHED. I THINK I WOULD ASSUME THAT EVERYBODY FROM PLANNING AND ZONING AND FROM ENFORCEMENT THAT THERE. THERE NEEDS TO BE SOME REFINEMENT AND SOME CHANGES IN THIS TO ME.

IT'S ALL ABOUT HOW LOUD YOU ARE. IT'S ALL ABOUT HOW MANY CARS ARE ON THE STREETS. THOSE THINGS SO DOES THIS NEED TO EVOLVE OVER TIME. YES. IS WHAT THE. THE JOB IS DONE. AND WHAT HAS COME BACK WITH. IS IT GOOD FOR US TO GET GOING AND GET IT OPEN AND TO SEE WHERE IT GOES? YES. SO WE'RE WILLING TO GO WITH THIS. I. I MEAN, I LIKE THE DEFINITION OF IS PAID. I MEAN, THAT IS VERY CLEAR BECAUSE THE MONEY CHANGES HANDS. AND IF YOU HAVE A BIG CONCERT, AND YOU BRING A LOT OF PEOPLE IN, IT'S GOING TO BE A DIFFERENT STORY IS GOING TO BE LIKE TEXAS MUSIC REVOLUTION. EVERYBODY CAN HEAR THAT ALL OVER DOWNTOWN. AND. WE JUST WANT TO, BASICALLY IF YOU GO TO TOPS, TYPICALLY, PEOPLE ARE JUST SITTING AROUND HAVING CONVERSATIONS. PEOPLE IN A WAY KIND OF GET ANNOYED AT THE NOISE. THEY WANT TO TALK SO. A PAID EVENT. DIFFERENT STORY, SO I'M GOOD WITH IT. I JUST WANT TO KEEP THIS BABY MOVING. WOULD IT BE MORE FLEXIBLE FOR YOU? I THINK ONE OF THE CONCERNS ON MY PART IT'S LIMITED TO FRIDAY SATURDAY. IS IT MORE FLEXIBLE TO YOU TO HAVE MORE DAYS? UH, OPPORTUNITY TO DO STUFF ON THURSDAYS AND SUNDAYS. IF YOU'RE OKAY WITH THE NUMBER. THAT'S SOMETHING THAT CAN COME BACK IN THE FUTURE AND GET WORKED OUT. BUT RIGHT NOW YOU'RE LIMITING YOURSELF TO OUTDOOR EVENTS TO THIS FRIDAY SATURDAY, MAKE SURE YOU FULLY UNDERSTAND. A LOT OF THESE PLACES HAVE THURSDAY EVENTS SUNDAY EVENTS, ETCETERA, SO. WELL, WHAT I WOULD WHAT I WOULD LIKE TO SEE IS AN ACCOMMODATION FOR DIFFERENT DAYS BECAUSE. ONE OF THE BIG THINGS THAT THIS SITE IS GOING TO BE USED FOR IS GOING TO BE CORPORATE EVENTS. CORPORATE BUYOUTS. SO WHEN SRS AND TOYOTA AND TEXAS INSTRUMENTS WANT TO COME IN, THEY MAY WANT TO DO IT ON MONDAY. IN THAT SITUATION. HOW DO WE ACCOMMODATE THAT? MAYBE THAT IS SOME SORT OF AN APPLICATION FOR A SPECIAL EVENT. UM. I WOULD HATE TO SAY THAT WE CAN ONLY DO THOSE EVENTS INSIDE BECAUSE WE HAVE A REALLY GORGEOUS SIGHT THAT WE WANT TO WORK ON SOMETHING. I DON'T KNOW WHY IT SHOULD BE RESTRICTED PER FOR WHAT DAY OF THE WEEK IT IS. I THINK THEY'RE REALLY THE RESTRICTION SHOULD BE. YOU KNOW HOW LOUD IS THIS? AND IS IT OFFENSIVE TO THE NEIGHBORS, AND IF IT IS OFFENSIVE TO THE NEIGHBORS. WE HAVE THE ULTIMATE THING WE CAN DO. ONE IS TO TURN IT DOWN. THE OTHER THING WE CAN DO IS TO MEET AGAIN AND SAY, WELL, IT'S RESTRICTIVE THAT NEED THE NOISE ORDINANCE AND THAT NEEDS TO BE IT NEEDS TO BE CHANGED. SO.

THIS IS DIFFERENT. IT'S WEIRD. WE RUN INTO LOTS OF WEIRD AND DIFFERENT THINGS ON THIS SITE.

OVER THE LAST NINE MONTHS, WE'VE BEEN WORKING ON IT SO. I THINK WE'LL OVERCOME ALL THOSE, BUT, UH, I DON'T WANT TO SEE US BE HELD BACK. BUT I WANT TO SEE US. OPEN YEAH, WE'RE GLAD HE WAS CONCERNED. CITIZEN AND YOU YOU'RE LOOKING OUT FOR THE HOUSEHOLDS AROUND YOU AT THE SAME TIME. WE JUST WANT TO MAKE SURE WE'RE NOT LIMITING YOU, RIGHT? I CAN TELL YOU I AM. I JUST WANT TO MAKE SURE THAT YOU. HAVE THE FLEXIBILITY IF YOU'RE OKAY WITH THE NUMBER OF DAYS, BUT WE STRIKE SEE. WHICH IS FRIDAY AND SATURDAYS, IS THAT. MORE THAN AMPLE FOR YOU, OR YOU NEED MORE DAYS. YOU YEAH, TO ME, TOO. ME TOO. ME. THAT WOULD BE MORE THAN AMPLE. I THINK WE'RE GOING TO BE OKAY BECAUSE WE WILL HAVE MUSIC INSIDE THE TAP ROOM. THE OTHER THING I'LL MENTION IS THAT OUR CURRENT SITE, THERE AREN'T REALLY HOMES AROUND WHERE WE ARE TODAY.

THERE IS ONE AND WE TAKE CARE OF THEM. WE KNOW WHAT THEY'RE LIKE. WE KNOW WHAT KIND OF BEER THEY LIKE. THEY DON'T LIKE TOPS. THEY LIKE OTHER BEER, AND WE TAKE CARE OF THEM. WE HAVE WE HAVE. WE HAVE MADE EVERY EFFORT TO WORK WITH THE NEIGHBORS. WE BLOCKED THE STREETS. WE'VE TALKED TO HIM. WE ARE HAVING AN EVENT AT THE FLOUR MILL. TO MEET WITH ALL THE RESIDENTS AND HEAR THEIR CONCERNS AND QUESTIONS. WE ARE DOING THAT, AND I THINK, JULY 13 14

[00:50:03]

SOMETHING LIKE THAT. AND SO WE WANT TO BE REALLY ENGAGED WITH THE COMMUNITY. WE WANT TO DO EVERYTHING THAT'S APPROPRIATE FOR THE RESIDENTS AND THERE REALLY ARE VERY FEW RESIDENTS.

THERE'S. FIVE HOUSES ON GREEN AND TWO ON ANDREW'S, SO IT'S PRETTY LIMITED AT THIS POINT.

AND WE AND WE'VE DONE ALL THE STUFF THAT JOE TALKED ABOUT THAT BREWERY BUILDING IS VERY LARGE. IT'S GOING TO BE A BIG, SOUND DEADENING THING. SPEAKERS THAT DIRECT THE SOUND DOWN. THE BARRIER WALLS AROUND IT, SO. I THINK WE'VE DONE OUR HOMEWORK AND I THINK WE OUGHT TO SEE IF.

IF THERE ARE NO ISSUES OR ANYTHING. UM THEN MAYBE WE CAN LOOK AT IN THE FUTURE OF WHAT? WE TAKE THE SHACKLES OFF, BUT. GET A QUESTION. I KIND OF WANT TO GET AWAY FROM THE DAYS AND FOCUS MORE ON THE SITE PLAN. UM THAT THE INFORMATION IN HERE IS MORE GUIDELINES FOR SOUND ATTENUATION. IS THAT RIGHT? YOU HAVEN'T HAD A FORMAL SOUND STUDY DONE ON THE SITE. WE HAVE. WE HAVE NOT. NO WE HAVE NOT HAD A FORMAL SOUND STUDY. AND THE REASON IS THAT. THE BIG SOUND DEADENING BUILDING IS NOT THERE YET. SO AND WE'VE WE'VE HIRED A CONSULTANT HAS COME OUT AND LOOKED AT THE SITE AND HAS RENDERED AN OPINION AND UM. THEY'RE VERY PARTICULAR ABOUT THE KIND OF EQUIPMENT YOU HAVE BECAUSE THEY WANT TO SELL IT TO YOU. BUT DIRECTING. I'VE LEARNED A LOT ABOUT DIRECTIONAL SOUND. YOU KNOW THE OLD DAYS OF THE SPEAKERS AND JUST BLOW SOUND ALL OVER THE PLACE OR GONE. THEY WANT IT TO BE DIRECTED IN THESE HOT ZONES, AND JOE DROVE DROVE THOSE UP THERE WHERE YOU CAN. DIRECT THE SOUND OF THE SWEET SPOT AND THEN YOU DON'T HAVE COLLATERAL DAMAGE EVERYWHERE ELSE. YEAH. THE REPORT IS IN HERE IS FROM THE CONSULTANT ABOUT HOW YOU. CORRECT WHAT YOU JUST MENTIONED, RIGHT IS ONE OF THE THINGS I WAS THINKING IS YOU'RE GOING TO PUT THE WIRE FENCE. WE'LL JUST CALL IT A WIRE FENCE, FOR INSTANCE, UP THERE ON THE TOP, AND IT HAS LANDSCAPING VEGETATION, BUT IT'S GOING TO TAKE SOME TIME FOR THE LANDSCAPE TO ACTUALLY GROW. WHICH IS RESIDENTIAL ON THE OTHER SIDE IS OUR MINIMUM SIZE. IT IS GOING TO BE PUT IN OR HOW HOW IS THAT KIND OF FIT INTO.

SORRY. PLANNER OF THE VEGETATION, SO IT'LL TAKE TIME FOR IT TO FILL IN THAT VOID WITH OFFENSE VERSUS A STONE OR SOME OTHER SCREENING LAW. THAT WOULD GET INSTANT GRATIFICATION.

I GUESS YOU'RE RIGHT, RIGHT? WHAT WAS THE THOUGHT THERE? I GUESS JUST. THAT WAS REALLY I THINK THAT WAS REALLY DRIVEN BY THE ARCHITECT AND BY THE PLANNING AND ZONING OF THIS IS WHAT YOU REALLY NEED, UM, TO PUT THERE, SO WE DO HAVE OTHER ALTERNATIVES. YOU KNOW THE BLOCKS THAT ARE ON THE ONE PART THAT JOE DREW THE CONCRETE BLOCKS THERE. COMING FROM BIG BASS TONE. WE HAVE MORE OF THOSE. THEY'RE GOING TO BE REALLY COOL VINTAGE LOOK, WE CAN MOVE THOSE DOWN THE OTHER SIDE. UM. HESITANT TO EVEN SAY THAT BECAUSE WE DON'T WANT TO GO BACK AND REDESIGN EVERYTHING AND CAUSE MORE TIME, BUT THERE ARE THINGS THAT WE CAN DO TO MITIGATE THAT WITH THOSE BIG BASS TOWING BLOCKS, THAT'S THAT IS PROBABLY THE BEST SOUND BARRIER. THAT YOU COULD GET, WHICH WOULD BE GREAT. MR MOSS WOULD BE WITH THE VEGETATION BE EVERGREEN. I GUESS. ONE THING IS IF IT'S DISINGENUOUS DURING THE WINTER, WE'RE GONNA GET COMPLAINTS DURING THE SUMMER. WE'RE NOT JUST KIND OF THINKING THROUGH THAT VEGETATION. YES I'VE BEEN WORKING WITH THE ARBORIST. SO IN PLACES WHERE THE FENCING IS OPAQUE. THERE WOULD BE A REQUIREMENT FOR EVERGREEN SCREENING THAT TYPICALLY HAS TO BE THREE FT.

TALL AT TIME OF PLANTING AND PLANTED EVERY 36 INCHES ON CENTER. AND. AGAIN, ONE OF THE ONE OF THE CONDITIONS OF APPROVAL HERE THAT WE'RE RECOMMENDING IS SOME ENHANCED LANDSCAPING. AND SO I THINK THAT THAT WAS OUR HOPE IS TO HELP PROVIDE YOU KNOW? A LITTLE BIT MORE THAN THAT ORDINANCE REQUIRED MINIMUM. UM, IN ORDER TO HELP THE. THE RESIDENTIAL USES. PEOPLE SUFFERED FROM THAT IN A MORE IMMEDIATE MANNER. THIS MEANS TOLERANT MEANS DENSER OR WHAT IS ENHANCED TO FIND US ROUSSET. SO IT WOULD BE SUBJECT TO DIRECTOR OF PLANNING APPROVAL THAT WAY, YOU KNOW, WE'RE. COULD LOOK AT WHATEVER IS BEING PROPOSED BY THE APPLICANT AND SEE, YOU KNOW, WORK TOGETHER IN ORDER TO FIND SOMETHING THAT'S GOING TO PROVIDE SOME GOOD SCREENING AND SOME SOUND SOFTENING. UM. TOGETHER IN ORDER TO MAKE SURE THAT WE'RE PROTECTING THOSE NEIGHBORING RESIDENTIAL USES. THE QUESTIONS OF THE APPLICANT.

ONE. MR LEWIS. THANK YOU. I APPRECIATE YOU BEING HERE. ALL RIGHT. THIS IS A, UM. PUBLIC HEARING ITEM IF YOU'VE COME TONIGHT AND WOULD LIKE TO WEIGH IN ON THIS PROPOSED ISSUE P.

PLEASE COME TO THE PODIUM. EVENING EVERYONE I'M JACKIE BREWER 27 05 STONE POINT MCKINNEY, TEXAS BY THOSE 72 I'M ALSO CHAIRMAN OF THE M. C. D. C BOARD. UM, ANYTHING I SAY TO NOT I DO NOT WANT YOU TO NOT VOTE ON THIS AND GET THIS DONE FOR HIM. HE NEEDS TO GET THIS

[00:55:04]

DONE ONE WAY OR ANOTHER. HE DOESN'T NEED THIS TO BE PUT OFF. SO DON'T LET WHAT I'M SAYING SINCE HE IS AN AGREEMENT WITH WHAT'S BEING PUT OUT THERE, AND MY FIRST DISAGREEMENT IS WITH CITY EVENTS. I DO NOT THINK THOSE SHOULD COUNT AGAINST HIM. WE WORK REALLY HARD AS A CITY. TO PROMOTE MCKINNEY. UM, SALES TAX DOLLARS. IS HOW I'M FUNDED ON MY BOARD. AND I THINK IF WE COUNT THOSE CITY EVENTS, WHICH I BELIEVE THE SOUND ORDINANCE DOES NOT EVEN COUNT. DURING THOSE CITYWIDE EVENTS LIKE OCTOBERFEST. MIGHT GET THAT CONFIRMED, BUT I THINK THOSE ARE LIFTED FOR THOSE KINDS OF EVENTS. UM I JUST DON'T THINK THOSE SHOULD BE COUNTED AGAINST HIM BECAUSE I'M FAIRLY CERTAIN HE'S GOING TO BE WORKING WITH THE CITY TO BRING THE BIGGEST DRAW. HE CAN. TO THE CITY EVENTS. IT'S NOT JUST GOING TO BE FOR HIS BENEFIT. UM. ALSO AGREE WITH THE DAYS OF THE WEEK. THAT SEEMS KIND OF LIMITED, ESPECIALLY IF HE DOES HOPE TO DRAW SOME CORPORATE EVENTS, WHICH ONCE AGAIN WE ALSO HAVE TO THANK. MANY TIMES. THIS IS NOT GOING TO JUST BE A PROFIT FOR TAPS. IT'S GOING TO BE A PROFIT FOR MCKINNEY, BECAUSE IF A CORPORATE GROUP COMES TO MCKINNEY, THEY MAY VERY WELL STOP SOMEWHERE ELSE AND SHOP, WHICH IS GOING TO BRING SALES TAX DOLLARS TO MCKINNEY, WHICH IS ONCE AT THE END. ALL OF THESE SPENDS GET REINVESTED BACK INTO MCKINNEY. I'M PRETTY SURE YOU'RE WELL AWARE HOW M CDC WORK SO. ONCE AGAIN. I DON'T WANT THAT TO HOLD YOU ALL UP TONIGHT BECAUSE I REALLY KNOW HE NEEDS TO GET THIS DONE SO HE CAN GET GOING. KEEP IN WAITING A LONG TIME. BUT I JUST WANTED TO LET YOU KNOW THAT I DON'T THINK THE CITY EVENTS FOR SURE SHOULD COUNT AGAINST HIS DAYS. THANK YOU VERY MUCH. MEMBERS WERE GOING OFF SCRIPT.

WE DO NEED TO RECESS BRIEFLY WHILE THE CITY COUNCIL COMES BACK THEY HAVE BEEN IN EXECUTIVE SESSION. THEY WILL TAKE PROBABLY LESS THAN FIVE MINUTES TO ADJOURN THAT AND THEN OPEN BACK UP. SO, UH, YOU CAN KEEP YOUR SEATS. WE'RE NOT GOING ANYWHERE FOR VERY LONG, BUT WE ARE GOING TO RECESS FOR PROBABLY FIVE MINUTES. THREE WE. NEVER EVER. YES. OKAY WE'RE BACK. WE ARE BACK AND WE ARE IN THE PUBLIC HEARING PHASE. OF, UM. TO ONE DAY 0004 S U P.

WE'VE HEARD FROM ONE SPEAKER AND WE HAVE ANYONE ELSE THAT WOULD LIKE THIS, SIR. COME UP, PLEASE. GOOD EVENING. MY NAME IS DAVID KELLY. I LIVE AT 81 NORTH CHURCH STREET. I'M ALSO ON THE COMMUNITY DEVELOPMENT CORPORATION BOARD. I'M ALSO ON THE SUBCOMMITTEE OF THE BOARD THAT IS WORKING WITH TUBS ON THIS PROJECT. AND I AGREE WITH THE DIRECTION I THINK YOU GUYS ARE HEADING. I COMPLETELY AGREE WITH MY CHAIRWOMAN, JACKIE, I DON'T WANT YOU TO TABLE THIS TONIGHT. AND I DON'T WANT YOU TO SLOW THEM DOWN, BUT I DO THINK THAT THEY DESERVE SOME ADDITIONAL FLEXIBILITY. I THINK THAT THEY DESERVE TO BE ABLE TO OPERATE THIS. THE SITE. WITH AS MUCH FLEXIBILITY AS POSSIBLE. I CAN TELL YOU FIRSTHAND AND WORKING WITH THEM. THEY MEET WITH US EVERY TWO WEEKS TO GO THROUGH THE DETAILS OF THE SITE, AND SOMETIMES MORE OFTEN THAN THAT. YOU'RE NOT GOING TO FIND A BETTER PARTNER FOR THIS CITY. AND KEITH AND TOPS. THEY ARE DOING ABSOLUTELY EVERYTHING THEY NEED TO DO TO BRING THIS PROJECT TOGETHER AND TO DO IT WITH THE COMMUNITY IN MIND. THEY ARE DOING THE APPROPRIATE OUTREACH. THEY'RE SENSITIVE TO THE COMMUNITY. THEY ARE DOING EVERYTHING WE ASK OF THEM, AND I THINK YOU CAN TELL FROM KEITH TONIGHT THAT. IF THE CITY SAID JUMP, HE'S GOING TO SAY HOW HIGH AT THIS POINT AND HE'S GOING TO AGREE TO ANY LIMITATIONS THAT THEY PUT ON HIM BECAUSE HE WANTS TO GET THIS DONE, AND HE'S DESPERATE TO GET IT DONE. BUT UM, IT IS BECOMING ONEROUS. UM AND I WILL. I WILL ECHO JACKIE'S STATEMENT THAT ESSENTIALLY, TOP'S SUCCESS HERE IS THE CITY'S SUCCESS. TYPES OF SUCCESS IS M C D. C SUCCESS BECAUSE WE'RE THEIR LANDLORD, AND WE NEED TO GIVE THEM THE MOST FLEXIBILITY POSSIBLE SO THAT THEY CAN BE AS SUCCESSFUL AS POSSIBLE, AND YOU'RE NOT GOING TO FIND A BETTER MORE RESPONSIVE. UM. MORE APPROPRIATELY ACTING CORPORATE PARTNER FOR THE CITY AND FOR THIS SITE, THEN TOP SO THANK YOU FOR YOUR CONSIDERATION AND THANK YOU FOR THINKING ABOUT GIVING THEM ADDITIONAL FLEXIBILITY. APPRECIATE IT. THANK YOU, MR KELLY. ANYONE ELSE? UM WISH TO SPEAK ON THIS ITEM LIKE. MOVE. WE CLOSE THE PUBLIC HEARING. MOTION MANAGED DOMAINS. I CLOSED THE PUBLIC HEARINGS. SECOND MAMA'S KIRKENDALL, PLEASE CAST YOUR VOTE. SORRY, TERRY IN THAT WAS A LITTLE QUICK. MHM. OKAY. THE MOTION CARRIES THE PUBLIC HEARING HAS BEEN CLOSED. WILL

[01:00:02]

NOW HAVE, UM. OR THIS ITEM OR. OR FOR THE SO EARLIER YOUR COMMENTS. WHAT'S UP? OKAY MEMBERS. WHAT DO WE GOOGLE TO HEAR ANOTHER SPEAKER, OR I LIVE RIGHT ACROSS THE STREET. 800 GREEN. DID YOU STOP ONE SECOND? OKAY, HOLD STILL. I ACTUALLY AGREE. HAVE A MOTION TO REOPEN THE PUBLIC HEARING. MS KIRK AND ALL SECOND BY MR DOKE, ALL THOSE IN FAVOR RAISE YOUR HAND.

EITHER AS OPPOSED SAME SIGN PUBLIC HEARINGS OPEN. THE FLOOR IS YOURS, YOUNG MAN. THANK YOU, SIR. SO I HAVE A LOT OF, UH, I'VE BEEN LIVING ON THE STREET FOR OVER 10 YEARS AS LOTS OF PROSTITUTION. THERE'S LOTS OF DRUGS AND ALL KINDS OF CRAZY. WE DON'T LIKE THAT. STOPS IS NOT GOING TO BRING THAT. UM I LIKE TUBS. THEY'RE BEARS VIOLENT. UM BUT I STAND AS A CITIZEN IN MY CITY TO MAKE SURE THAT THE PIECE IS HELD. UH UNFORTUNATELY, I MOVED FROM DALLAS TO MCKINNEY. UM BECAUSE OF I GOT BEATED. I GOT PISTOL WHIPPED IN DALLAS.

UNFORTUNATELY I GOT PISTOL WHIPPED BY THE SAME POLICE THAT ARE HERE IN MCKINNEY. SO DOWN WITH THAT. UM TOPS IS A GOOD BURRY. UH, I FEEL LIKE THEY'RE FINE TO JUST MOVE RIGHT NEXT DOOR TO ME. AND, UM, CALLED THAT. THANK YOU FOR BEING HERE, MR. CANNIZZARO. WE APPRECIATE IT. YEAH. SECOND EVER QUICKS TWO MOTION IN HISTORY TO CLOSE THE PUBLIC HEARING AND THE SECOND ALL THOSE IN FAVOR. RAISE YOUR HAND. AS OPPOSED, SAME SIGN PUBLIC HEARING IS CLOSED NOW MEMBERS, QUESTIONS OF STAFF OR THE APPLICANT. HAVING FURTHER QUESTIONS, SO THANKS FOR A SECOND. I THINK. STAFF HEARD ARE CONCERNED. I APPRECIATE STAFFS WORK ON IT WITH THE APPLICANT IN THE AFRICAN. EVERYBODY'S PUTTING IN A TON IS A VERY UNIQUE PROJECT.

OVERALL, I THINK THERE'S SOME CONFUSION OVERALL AND EVENTS AND. MONEY AND PASSING HANDS ALONG THAT WAY, ALONG WITH GIVEN FLEXIBILITY. SO I AM FINE WITH THE STRUCTURE AND HOW THE APPLICANTS GOT THE NUMBER. EXCEPT I WOULD LIKE. TO BECAUSE THE AMENDMENT OF NUMBER TWO UNDER STAFF RECOMMENDATION ON YOUR REPORT ON STRIKING THE DAYS TO GIVE HIM THE FLEXIBILITY OF. DIFFERENT CORPORATE EVENTS DURING THE WEEK. WHETHER IT'S A FIVE K ON A SUNDAY OR. JUST FLEXIBILITY THAT THEY NEED TO OPERATE WITHIN THOSE DAYS THAT THEY'VE COME TO AGREE. WOULD AGREE WITH THAT. I. DON'T HAVE A QUESTION. I DON'T HAVE AN ISSUE. I THINK THIS IS A WONDERFUL PROJECT, AND I BELIEVE TOPS IS A GREAT PARTNER. I DO UNDERSTAND THAT YOU GUYS ARE IN A BALANCE PROBLEM WITH BALANCING. RESIDENTIAL TIED TO WHAT'S GOING TO BE A VERY LOUD AND HOPEFULLY VERY FUN. JET CENTER THERE. BUT I ALSO IN AGREEMENT WITH OUR VICE CHAIRMAN, I THINK NUMBER TWO. I DO NOT AGREE THAT WE SHOULD BE TYING THEIR HANDS.

WE HAVE A NOISE ORDINANCE FOR A REASON. I'VE HAD A DOWNTOWN BUSINESS FOR MANY, MANY YEARS.

THAT WAS OPEN AT NIGHT ON FRIDAY AND SATURDAY, AND THERE WAS A LOT OF NOISE FROM USING.

WITH THAT BEING SAID IT WAS CONTROLLED THROUGH THE NOISE ORDINANCE, AND I DO BELIEVE THAT CODE WILL DO THE RIGHT THING BY ENFORCING THE NOISE ORDINANCE. BY PLACING. 72 DAYS A YEAR FOR TAPS TO BE ABLE TO HOLD EVENTS. I THINK WE ARE TOTALLY JUST HANDCUFFING YOU AS A BUSINESS OWNER, AND I DON'T THINK IT'S RIGHT. I THINK YOU WILL DO THE RIGHT THINGS FOR THE RESIDENTS AND THE PEOPLE AROUND YOU. I WOULD ALSO LIKE TO SEE THAT TOTALLY STRIPPED.

SO AT THAT POINT, I AGREE WITH YOU. I THINK THAT WE HAVE LAW IN PLACE ORDINANCE IN PLACE.

THAT IS THERE TO PROTECT THE CITY. MHM. MM. I THINK, TOO. YES. THE LAW THAT IS, IT LOOKS LIKE IT. LOT OF BRING THE LIKE. MM. YOU KNOW IT IS. CITIZENS FILLED WITH THE SOUND BARRIERS ARE TOO HIGH AND AT THE LEVELS THAT THERE. HAVE EVERY RIGHT TO PETITION THEIR GOVERNMENT TO LOWER THOSE JUST AS TUBS CAN ALWAYS PETITION THEIR GOVERNMENT TO RAISE. WAS IN PLACE TO DO THAT. I THINK IT WOULD ALSO BE DIFFERENT CITY THE CITY IF WE'VE EVER IMPOSED

[01:05:03]

THESE TYPES OF PROVISION ON OTHER BUSINESSES AND DICTATED WHEN THEY CAN OPERATE HOW THEY OPERATE. THERE ISN'T ANY HISTORICAL DATA TO THAT. SO I'M IN FAVOR. WOULD PUT THE BALL YOU STAY. MUCH MORE ELSE TO SAY I'M GONNA PERCENT AGREEMENT WITH THE THREE OF YOU GUYS.

THIS NUMBER TWO SHOULD BE STRICKEN. THE FORWARD WITH A RECOMMENDATION. IMAGINE ONE AND THREE. I AGREE. STRIKING STRIKING TWO IS TOO HARD TO ENFORCE AND TOO RESTRICTIVE INCLUDES CITY SANCTIONED DAYS THAT THEY'RE GOING TO BE INCLUDED WITHIN THOSE. THE ONE THING I WANTED TO MENTION LANDSCAPE JUST TO CLARIFY. THERE MAY BE A TIME WHERE YOU GET NOISE UNTIL THAT GETS ESTABLISHED, NOT SUGGESTION. YOU CHANGE IT. I THINK IT'S GOING TO LOOK GREAT WITH THAT SITE PLAN, BUT JUST SOMETHING TO INCLUDE WITH THIS ADDITIONAL LANDSCAPING ALL THAT TIME UNTIL IT GETS ESTABLISHED TO ATTENUATE. SO WILL SAY OH, PARTIES PROACTIVELY WORK TO ENSURING THAT THE INTENT OF THE LAW. THAT THAT NOISE VERY HERE IS APPLYING. YEAH. THOSE ENFORCING THE LAW. THOSE MIGHT UH, WANT TO STRIKE DOWN STRIKE.

ORDINANCE AS WELL. I THINK THIS IS TOO SPECIAL PROJECT. TWO. AND I, I THINK AND WITH HAVING A LIMITATION ON NUMBER OF DAYS SHOULDN'T HAPPEN. THINK IT MORE SHOULD BE A CASE BY CASE BASIS ON ALWAYS CONTROL. THEY HAVEN'T HAD A HISTORY OF NOISE CONTROL WHERE THEY ARE NOW. IT'S GENERALLY I MEAN, ALRIGHT. SO OTHER THAN ONE ITEM PART YEAH. LOOKING FORWARD TO IT. DO HAVE ONE QUESTION FOR STAFF. TO CLARIFY SO. HOPEFULLY WE'RE NOT MAKING THINGS HARDER ALONG THE WAY. STRIKING ALL OF. TWO IS THIS REQUIRING HIM TO GET MORE PERMITS FOR EVERY OUTDOOR EVENT, SINCE SHE'S ALREADY ALLOWED SIX OR WAS HE ALREADY GETTING A PERMIT ANYHOW FOR EVERY OUTDOOR EVENT? NO. SO IF PROVISION NUMBER TWO WAS STRICKEN FROM YOUR RECOMMENDATION, ESSENTIALLY IT WOULD PERMIT THOSE OUTDOOR EVENTS. ON THE SITE. YOU WOULDN'T BE REQUIRED TO GET A SPECIAL USE PERMIT, HOWEVER, YOU COULD ALWAYS GET A SPECIAL USE PERMIT THROUGH THE CITY'S SPECIAL USE PERMIT PROCESS AND. TO THE ONE QUESTION ABOUT OUR SPECIAL EVENTS, UH, SUBJECT TO THE CITY'S NOISE ORDINANCE. THE ANSWERS THEY ARE EXEMPT FROM THAT. SO IF THEY. WORKING TO HAVE YOU KNOW OCTOBERFEST OR SOMETHING TO THAT EFFECT THAT THEY KNEW MY PEOPLE. PROBLEMATIC AS FAR AS MEETING THE REQUIREMENTS OF THE NOISE ORDINANCE, THEY COULD GO THROUGH THE SPECIAL EVENT PERMIT PROCESS IN ORDER TO GET THAT SORT OF, UH, EVENT PERMITTED AND IT WOULD BE CONSIDERED A SPECIAL EVENT. AND IF THERE IS NO WITHOUT PROVISIONS TO WOULD OBVIOUSLY, THERE'S NO. QUOTA MAXIMUM DAYS OR ANYTHING THAT THEY COULD HAVE EVENTS ON THE SITE. WE'RE GOING TO SLOW DOWN A SECOND BECAUSE I GOT LOST THERE. UM. EXAMPLE, IS A PAID FOR CONCERT. IF WE STRIP NUMBER TWO, CAN YOU GET UNLIMITED PAY FORWARD CONCERTS IN ANY DAY? CORRECT OTHER PERMITTED THAT HE HAS TO GET FROM THE CITY ANYHOW. THE CONCERT WOULD BE PERMITTED OUTRIGHT IF HE WANTED TO GO THROUGH THE SPECIAL EVENT PERMITTING PROCESS. IN ADDITION TO HAVING THE SCP, THEN THAT EVENT WOULD BE EXEMPT FROM THE NOISE ORDINANCE. BUT IF HE DID NOT GO THROUGH THAT PROCESS, IT WOULD BE SUBJECT TO THE NOISE ORDINANCE. THERE NOW WE'RE GETTING SOMEWHERE. NOW WE'RE GETTING SO. IF WE STRIKE NUMBER TWO FROM A RECOMMENDATION, HE'S NOT REQUIRED TO GET A PERMIT FOR ANY EVENT SEVEN DAYS A WEEK. YOU CAN HAVE ANYTHING AT ANY TIME. IF HE'S GOING TO BRING IN SOMEONE THAT MIGHT. ABOVE THE SOUND ORGAN C HAS TO APPLY FOR A SPECIFIC SPECIFIC USE. SPECIAL EVENT PERMIT CORRECT. CORRECT, OK? OTHERWISE HE'S GOVERNED BY THE SOUND THE NOISE ORDINANCE. THAT'S RIGHT. OKAY. WAS LIFTED. IT'S BASICALLY NO DIFFERENT THAN ANYTHING THAT TAKES PLACE DOWNTOWN. ON A FRIDAY OR SATURDAY NIGHT. ONE. OR OTHER STAFF. I THINK A LOT OF MUSIC KINDLE. MM. I'LL MAKE A MOTION THAT WE APPROVE. UHH! PER PARTIAL STAFF RECOMMENDATION. PROVE PROVE THE ITEMS AS LISTED ON STAFF RECOMMENDATION FOR NUMBER ONE IN ACCORDANCE WITH THE ATTACHED ESPECIALLY USE EXHIBIT AND THE LANDSCAPING AND STRIKING NUMBER TWO. WOULD THAT BE APPROPRIATE TERMINOLOGY? YES, GOOD. NOT HAVE EMOTION, MY

[01:10:09]

MR HECK LOOK FOR PROVE THE ITEMS FOR STAFF RECOMMENDATION AND ALSO STRIKING STAFF RECOMMENDATION NUMBER TWO FROM HIS MOTION. 2ND 2ND 2ND. MR WOODROW. THERE'S THREE THERE'S THREE. SO YOU ALL ARE FINE WITH THREE JUST ONE AND THREE, BUT NUMBER ONE AND NUMBER THREE IS TO SYNTHESIZE MANAGER ALL RIGHT. ANY DISCUSSION ON THE MOTION. THESE CASTRO VOTES.

AREA VOTE I GOT I GOT KICKED OFF. THANKS. HERE WE GO. OKAY. THE MOTION CARRIES THE ITEM BY VOTERS SEVEN FAVORITE. ZERO AGAINST THE ITEM WILL BE SENT TO CITY COUNCIL. FINAL ACTION WITH A FAVORABLE RECOMMENDATION AT THE JULY 2020 21 MEETING. GOOD LAPTOPS. WE'VE DONE ALL WE CAN DO TO GET YOU PAST THIS POINT. THE NEXT ITEM IS TO ONE DAY 0058 Z TO A PUBLIC HEARING

[Conduct a Public Hearing to Consider / Discuss / Act on a Request to Rezone the Subject Property from “BG” - General Business District, “AG” - Agricultural District and “CC” - Corridor Commercial Overlay District to “C2” - Local Commercial District and “CC” - Corridor Commercial Overlay District, Located at Southwest Corner of U.S. Highway 380 (University Drive) and Bois D’Arc Road]

REQUEST. TO REZONE THE SUBJECT. PROPERTY FROM B G GENERAL BUSINESS DISTRICT. AGRICULTURAL DISTRICT IN CC COMMERCIAL CORRIDOR, OVERLAY DISTRICT TO SEE TO LOCAL COMMERCIAL DISTRICT. THIS IS AT THE SOUTHWEST CORNER OF U. S HIGHWAY. 3 80 GO DARK ROAD, MR MOSS. GOOD EVENING. SO THIS PRO PROPERTY AS YOU MENTIONED IS LOCATED AT THE SOUTHWEST CORNER OF A DARK AND 3 80. CURRENTLY IT IS COMPRISED OF THREE SEPARATE PARCELS TOTALING APPROXIMATELY TWO ACRES. THE SITE IS BOUNDED BY EXISTING COMMERCIAL DEVELOPMENT ON THE EAST AND WEST. PROPERTY IS CURRENTLY, UH, SOUND AG ON THE SOUTH SIDE THERE. HERE'S A LOOK AT THE SURROUNDING AREA. AND. AS YOU CAN SEE HERE, THE. BOTTOM TWO LOTS HERE ARE CURRENTLY ZONED AG. AND THEN THIS LOT UP HERE, HIS OWN B G. THE APPLICANT IS REQUESTING TO REZONE ALL THREE TO THE SEA TO LOCAL COMMERCIAL DISTRICT. THIS IS A MID LEVEL INTENSITY DISTRICT AND IS ALONG A MAJOR COMMERCIAL CORRIDOR AND ADJACENT TO EXISTING C TWO PROPERTIES IN THE 3 80 COMMON SHOPPING CENTER ON THE EAST SIDE. AND THE COMPREHENSIVE PLAN CALLS FOR URBAN LIVING IN THIS LOCATION, HOWEVER, COMMERCIAL AREAS THAT PROVIDE NEIGHBORHOOD SERVICES ARE IN ALIGNMENT WITH THAT PLACE TYPE. GIVEN THESE FACTORS STAFF IS IN SUPPORT OF THE REQUEST AND RECOMMENDS APPROVAL STAND FOR ANY QUESTIONS. JOE QUESTIONS OF STAFF. THANK YOU VERY MUCH. IS OUR AFRICAN HERE TONIGHT? MHM. I AM ERIC SITES. I'M THE DEVELOPER FOR ALL FOUR CORNERS OF HARDENED AND 3 80. THIS IS A CONTINUATION OF WHAT WE'RE DOING. BRINGING IN MORE RESTAURANTS. WE BOUGHT THE TWO OLD HOUSES RETURN THEM DOWN TO PROVIDE FOR STORM DRAINAGE AND FOR ENOUGH PARKING. UM I GUESS. DO YOU HAVE ANY QUESTIONS, BUT IT'S WE'VE GOT A BUNCH OF RESTAURANTS WERE BRINGING A TOWN WERE COMING IN NEXT MONTH WITH A PROJECT ACROSS THE STREET, AND IT'S JUST A CONTINUATION OF OUR PROCESS HERE OF. LIVE, WORK, PLAY, EAT AND TRYING. TO PROVIDE EVERYTHING WE POSSIBLY BRING YOUR BROTHERS HELPING ME. SO BRIAN, YOU KNOW, SO WE'VE BEEN HERE BEFORE A NUMBER OF TIMES, AND WE'LL BE BACK NEXT MONTH WITH THE NEW ONE ACROSS THE WAY. SO ANY QUESTIONS? YOU OWN THE PROPERTY TO THE WEST. TO THE WEST. I'M LOOKING AT THE INGRESS EGRESS OUT. SO NOW, UH, DARRYL MATSON MACAROONS TO THE WEST, AND WE'VE STRUCK AN AGREEMENT WITH HIM TO YOU, SO WE SHARE THAT CURB CUT. AND THEN WE'RE PROVIDING ACCESS THROUGH OUR PROPERTIES SO THAT DARRYL CAN EVENTUALLY DEVELOPED WHAT HE WANTS. HE'S GIVEN US A COUPLE OF DEALS, AND WE'VE KIND OF PANDA MIZ NOT. KEEPING WITH THE REQUIREMENTS, BUT BUT WE'RE WORKING WITH HIM AND WE'LL WORK.

WE'LL GET SOMETHING THAT WORKS FOR BOTH OF US. UM BUT, YEAH, WE HAVE THE FIRE LANE. WE GOT COMMENTS FROM STAFF. MY CIVIL IS HERE. WE'VE BEEN WORKING THROUGH THOSE ITEMS SO. I DON'T SEE AN ISSUE. WE'VE ALLOWED HIM TO TAP INDOOR POND AND DO SOMETHING, SO OUR GOAL IS TO GO WEST. NO AND TRY TO CONTINUE DEVELOPING. WE'RE VERY PLEASED WITH. THE WAY THE CITY HAS TREATED US. MICHAEL IS HERE AND. WE'RE GOING TO KEEP GOING. WE LOVE IT. WE'VE DONE OVER A

[01:15:03]

MILLION SQUARE FEET AND WE'VE GOT ABOUT ANOTHER 30 RESTAURANTS SIGNED UP TO BRING.

I THINK YOU'LL BE REALLY EXCITED WITH IT. SURE, THANK YOU. OTHER QUESTIONS OF THE UPCOMING GOOD. THANK YOU VERY MUCH. THIS IS THE PUBLIC HEARING ON HIM IF YOU COME TO NINE AND WOULD LIKE TO WEIGH IN ON THIS UM. OPPOSED TO REZONE. PLEASE COME TO THE PODIUM.

RIGHT? OF EMOTION MEMBERS CROCODILE, CLOSE THE PUBLIC HEARING AND APPROVE THE ANONYMOUS FIRST HALF RECOMMENDATION. SECOND BY MR DOC, IS THERE ANY DISCUSSION? PLEASE CAST YOUR VOTE. MOTION IS APPROVED OF OVER 77 FAVORITE ZERO AGAINST AND WILL BE SENT TO THE CITY COUNCIL. WITH A FAVORABLE RECOMMENDATION FOR FINAL ELECTION AT THE JULY 2021 MEETING. OUR NEXT ITEM. 21. 00680 PUBLIC HEARING REQUEST. REZONE A SUBJECT PROPERTY FROM

[Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District to “PD” - Planned Development District, to Allow for Single Family Residential and Commercial Uses and to Modify the Development Standards, Located on the Northeast Corner of Bloomdale Road and Custer Road]

P D. PD TO ALLOW FOR SINGLE FAMILY, RESIDENTIAL AND COMMERCIAL USES INTO MODIFY THE DEVELOPMENT STANDARDS. THIS IS AT THE NORTHEAST CORNER. BLOOM DELL ROAD IN CUSTER ROAD. CHEF PHIL THANK YOU. THE APPLICANTS REQUESTING TERESA IN APPROXIMATELY 282 ACRES AS YOU MENTIONED FOR SINGLE FAMILY AND COMMERCIAL USES. THE APPLICANT HAS PROVIDED REGULATING PLAN FOR THE PROPOSED ZONING REQUEST WILL MARK THE TRACKS FOR YOU SO YOU CAN EASILY SEE THEM. WE HAVE TRACKED ONE TWO. THREE. FOUR. FIVE AND SIX. SO ATTRACT ONE THERE ON THE HARD CORNER OF BLUNDELL ROAD AND CUSTER ROAD. THE APPLICANTS PROPOSING TO REZONE THIS TRACK FROM SEAPLANE CENTER TO SEE THREE REGIONAL COMMERCIALS, UM, DISTRICT. THE APPLICANTS ALSO PROPOSING THAT THE ALLOWED USE OF MOTOR FUEL. SALES FACILITY OR CAR WASH. IF IT'S ASSOCIATED WITH A GROCERY STORE OR FOOD STORE THAT IT'S PERMITTED BY RIGHT, AND IF IT'S NOT, THEN IT WOULD BE REQUIRED TO COME FORWARD. BEFORE YOU AND COUNSEL FOR A SPECIFIC USE PERMIT. FOR TRACKS TWO AND FIVE TOTALING APPROXIMATELY 22 ACRES. APPLICANTS REQUESTING TO REZONE THESE TRACKS FROM OUR G 27 REGIONAL RESIDENTS TOWN HOME DISTRICT. I'M IN RS 84 SINGLE FAMILY RESIDENCE DISTRICT. TO TOWN HOME TH DISTRICT WITH SOME MODIFIED STANDARDS, AND YOUR STAFF REPORT THAT ARE SIMILAR TO SOME OTHER TOWN HOME DEVELOPMENTS WITHIN THE CITY OF MCKINNEY. TRACKS THREE AND SIX TOTALING APPROXIMATELY 20 ACRES AS WELL, AND THE APPLICANTS REQUESTING TO REZONE THE THESE TRACKS FROM BIEN BUSINESS NEIGHBORHOOD DISTRICT IN OUR G 27 GENERAL RESIDENTS TOWN HOME DISTRICT. TO SEE TO LOCAL COMMERCIAL DISTRICT. TRACKED FOR AND THE YELLOW. THERE IS APPROXIMATELY 215 ACRES APPLICANTS REQUESTING TO REZONE THIS FROM RS 60. R G 27 REGIONAL OR GENERAL. EXCUSE ME, RESIDENTS TOWN HOME DISTRICT RS 84 SINGLE FAMILY RESIDENCE DISTRICT AND BE IN BUSINESS NEIGHBORHOOD DISTRICT TO S F FIVE. WITH THE MODIFIED STANDARDS AS WELL IN YOUR STAFF REPORT. BASED ON THE APPLICANTS, PROPOSED DEVELOPMENT REGULATIONS. STAFF FUELS THAT THE SURROUNDING AREA AND THE APPLICANTS PROPOSAL FOR THE DIFFERENT TRUCKS WILL CREATE A COHESIVE AND INTEGRATED COMMUNITY. AND IT WOULD BEEN BLEND IN WELL WITH THE ADJACENT EXISTING USES AND PROPOSED EARNINGS. AS SUCH STAFF RECOMMENDS APPROVAL FOR THE PROS REZONING REQUESTS AND I'LL SOON FOR ANY QUESTIONS. THANK YOU, CAITLIN. ABSOLUTELY. AS OUR AFFECT HERE TONIGHT? YES. MR CHAIRMAN, MEMBERS OF THE PLANNING COMMISSION AND BOB ROEDER. UH, 1700 RED BUD SUITE 300 MCKINNEY. UM, I THINK THE.

CAITLYN IS GIVING YOU A VERY GOOD, UH, RUN DOWN ON THIS. I'M SITTING HERE FOR THE LAST HOUR AND A HALF LISTENING TO STORIES ABOUT BEER MAKES ME WANT TO JUST SAY PLEASE GIVE US A FAVORABLE RECOMMENDATION. I'LL KNOW THERE'S NO MULTI FAMILY ON THIS TRACK. AND LET'S ADJOURN.

THIS IS YOUR LAST. I MUST ADJOURN AND GO OVER THE TOPS AND HAVE A BEER. BE HAPPY TO ANSWER ANY QUESTIONS. YOU'RE RIGHT. YOU HAVE ONE QUESTION AND LOOKING AT THE EXISTING ZONING ON IT. IT LOOKS LIKE THIS PROPERTY IS CUT INTO BETWEEN INSIDE THE CITY LIMITS AND ALSO BEING IN OUR E T. J. SIR BACK IN 2016 WHEN WE FIRST ZONE THIS WE ANNEX IT INTO THE

[01:20:07]

CITY. I JUST WANT TO MAKE SURE THAT THERE IS AN EXAMPLE. AND THE TRACT ORIGINALLY INCLUDED THAT THAT'S IN THE WHITE THERE THAT'S BEEN SOLD TO PROSPEROUS D FOR BELIEVING HIGH SCHOOL SITE. THANK YOU. YEAH. OTHER QUESTIONS OF THE AFRICA THANK YOU VERY MUCH, MR ROEDER. THIS IS A PUBLIC HEARING OUT. UM, IF YOU COME TO NINE, IT WOULD LIKE TO WEIGH IN ON THIS. PROPOSED REZONE, PLEASE COME TO THE PODIUM. ALL RIGHT. I'LL MAKE EMOTIONALLY CLOSE PUBLIC HEARING APPROVED FOR STUFF, RECOMMENDATIONS. THE MOTION BY MR HECKLER TO CLOSE THE PUBLIC HEARING AND APPROVE THE ANIMUS FIRST HALF RECOMMENDATION. SECOND BY MR MCCALL. IS THERE ANY DISCUSSION? NEWSCASTER ABOUT. THE MOTION CARRIES BY A VOTE OF SEVEN IN FAVOUR. ZERO AGAINST THE ITEM WILL BE SENT WITH THE FAVORABLE RECOMMENDATION TO CITY COUNCIL.

FINAL ACTION AT THE JULY 2021 MEETING. OKAY? THAT CONCLUDES OUR PUBLIC HEARING AUTUMNS. IF YOU THIS IS ANOTHER OPPORTUNITY FOR THE PUBLIC TO SPEAK ON ANY ITEM THAT'S NOT ON THE AGENDA.

[PUBLIC COMMENTS REGARDING MATTERS NOT ON THE AGENDA]

ANYONE LIKE TO SPEAK ON AN ITEM NOT ONLY AGENDA. YES, SIR. MISTER WATLEY. MR CHAIRMAN, COMMISSIONERS. MY NAME IS CHARLES, WIDELY. I RESIDE AT 50 35 FACT, COLORADO AND MCKINNEY.

DID THAT SOUND LIKE BOB WROTE HER? MM HMM. THANK YOU FOR YOUR TIME. TONIGHT I AM HERE TO REPRESENT, UH. THE PANDEMIC HAS KIND OF SLOWED US DOWN, AND WE HAVE ONE MEMBER NAMED CHARLES WHITMAN IS SLOWING DOWN THE CLASS OF 2021 LEADERSHIP MCKINNEY FROM BEING THE GREATEST CLASS EVER. BUT WE'RE WORKING ON IT, AND THEY'RE TRYING TO OVERCOME MY SHORTCOMING. SO IT'S ABOUT 12 OF US HERE TONIGHT, AND I WOULD LIKE TO UNDERSTAND AND BE RECOGNIZED. MM. SO AS A FULL TIME PASTOR AND APPOINT TIME COMMISSION MEMBER. I WANTED TO JUST SHARE WITH YOU TONIGHT THAT THEY WERE HERE. THANK YOU SO MUCH FOR YOUR TIME. THANK YOU. WE'RE GLAD THAT CLASS OF 2021 IS HERE AND WE'LL SAY YOU'RE YOU'RE ONE OF MANY CLASSES OF LEADERSHIP. MCKINNEY. THE BEST IS SOMEWHAT UH, THE BEST IS SOMEWHAT SUBJECTIVE, BUT WE WELCOME US AS A CLASS TO SAY. I DON'T I'M NOT COMMENTING ON ANYTHING THAT WAS IN HERE, BUT. I MIGHT DO BELIEVE CLASS OF 2000 AND NINE UH, THE BEST. WELL I'M SURE WE COULD ALL WEIGH IN ON WHAT'S THE BEST AND WHAT'S NOT ANYWAY. WELCOME. WE'RE GLAD YOU'RE HERE. WE DO HAVE ONE CARD FROM ANNE MARIE QUESTION REGARDING HOMES IN THE AREA. AND MARIE IS THERE? AN ANNE MARIE HERE? NO. OKAY. NO PROBLEM. UM. MEMBERS. ANY COMMENTS. STRICKLAND. WE GOT

[COMMISSION AND STAFF COMMENTS]

JUST STAFF. I APPRECIATE THE WORK. I KNOW YOU'VE GOT LOTS OF OPINIONS YOU GET TO HEAR AND WEIGH IN WHEN YOU'RE GOING THROUGH A CASE AND THEN YOU GET TO COME FOR US. AND HERE'S SEVEN MORE OPINIONS. SO I APPRECIATE YOUR HARD WORK AND. IT'S NICE, GIVING JOE A HARD TIME. WELL, I DID HAVE ONE THING. I'M SO SORRY REGARDING JO. UH SO JOE IS ACTUALLY GOING TO BE LEAVING CITY OF MCKINNEY. SO HE HAS ONE MORE PNC WITH US AND JULY, SO JUST SAY ALL THEIR WORK. TONIGHT I'M SCARED. I'M SORRY. I JUST DIDN'T WANT YOU TO BE SURPRISED IF HE DOESN'T START SHOWING BACK UP. YEAH, SCARED HIM OFF. WELL, CONGRATULATIONS. WE CERTAINLY WILL MISS YOU. AT THE HEAD. COM IS PREPARED FOR WHAT YOU WENT THROUGH, BUT THAT CERTAINLY IS NOT APPROPRIATE NOW, BUT CONGRATULATIONS. YES. ANYONE ELSE? MEMBERS. WE DO NEED A MOTION TO ADJOURN 2ND 2ND. ALL RIGHT. WE HAVE A MOTION IN THE SECOND, MR DOC AND MR HECKLER.

ALL THOSE IN FAVOR RAISE YOUR HAND. ALL THOSE THE POST. SAME SIGN, MISS REMY 7 32, AND WE ARE ADJOURNED. THA

* This transcript was compiled from uncorrected Closed Captioning.