[CALL TO ORDER]
          [00:00:06]
          GOOD EVENING. IT'S SIX. OH 3 P.M. WELCOME TO THE CITY OF MCKINNEY PLANNING AND ZONING COMMISSION MEETING OF TUESDAY, MAY THE 28TH, 2020. FOR THE COMMISSIONERS THAT YOU SEE SEATED BEFORE, YOU HAVE BEEN APPOINTED BY THE CITY COUNCIL, IF YOU'RE HERE TONIGHT AND PLAN ON SPEAKING ON ONE OF OUR AGENDA ITEMS OR PERHAPS SOMETHING NOT ON THE AGENDA. BEFORE YOU COME TO THE PODIUM, PLEASE COMPLETE ONE OF THE YELLOW SPEAKER'S CARDS ON THIS CARD WILL NEED YOUR NAME AND ADDRESS. THE ITEM YOU'RE SPEAKING ON OR THE TOPIC, AND THEN HAND THAT TO A STAFF MEMBER WHEN YOU COME TO THE PODIUM. AND WHEN YOU COME TO THE PODIUM, YOU'LL HAVE THREE MINUTES TO SHARE YOUR THOUGHTS WITH US. WE DO APPRECIATE YOU BEING HERE. WHEN YOU HAVE 30S LEFT. THERE WILL BE A TIMER ON THE SCREEN HERE. IT WILL BE BRIGHT YELLOW. THEN WHEN YOUR THREE MINUTES IS UP, IT WILL BE BRIGHT RED. WE DO APPRECIATE YOU BEING HERE AND BEING INVOLVED IN THE PROCESS, SO LET'S STICK WITH THAT SCHEDULE AND WE'LL ALL GET OUT OF HERE AT A DECENT HOUR TONIGHT, THE FIRST ITEM ON OUR AGENDA WILL BE THE OPPORTUNITY FOR ANYONE TO SPEAK ON A PUBLIC HEARING ITEM THAT DOES NOT HAVE A PUBLIC HEARING. I'M SORRY. AN AGENDA ITEM THAT DOES NOT HAVE A PUBLIC HEARING ATTACHED. AN EXAMPLE OF THAT WOULD BE THE MINUTES FROM ONE OF OUR LAST MEETINGS. SO IF YOU COME TONIGHT AND WOULD LIKE TO ADDRESS PLANNING AND ZONING REGARDING ONE OF THE SETS OF MINUTES WE HAVE, PLEASE COME TO THE PODIUM. ALL RIGHT. SEEING NONE, WE'LL 
          [CONSENT ITEMS]
MOVE ON TO OUR CONSENT AGENDA. THE FIRST ITEM IS 24-160 THREE MINUTES OF THE PLANNING AND ZONING COMMISSION WORK SESSION OF APRIL THE 9TH, 2020. FOR SECOND ITEM IS ITEM 24-1604 IS THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING OF APRIL THE 9TH AND ITEM 24-160 FIVE MINUTES MINUTES OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT WORK SESSION OF APRIL THE 23RD. DO WE HAVE QUESTIONS, COMMENTS OR CHANGES? I'D LIKE TO MAKE A MOTION TO APPROVE THE THREE MINUTES. OH THREE, OH FOUR AND OH FIVE. WE HAVE A MOTION BY MR. LEBEAU TO APPROVE THE CONSENT ITEMS. SECOND, SECOND BY MR. BUCKNER. ANY DISCUSSION, PLEASE CAST YOUR VOTE. I. THAT MOTION CARRIES. THE CONSENT ITEMS HAVE BEEN 
          [Conduct a Public Hearing to Consider/Discuss/Act on a Design Exception to Allow for a Reduced Tree Ratio Requirement for the Minimum Number of Canopy Trees per Single Family Residential Lot, Located at 810 Buckhill Drive]
APPROVED. WE'LL NOW MOVE TO OUR REGULAR AGENDA. THESE ITEMS WILL HAVE A PUBLIC HEARING ATTACHED. 
          THE FIRST ITEM IS 24-04, DASH 00007. TREE THIS IS A PUBLIC HEARING TO CONSIDER A DESIGN EXCEPTION TO ALLOW FOR REDUCED TREE RATIO REQUIREMENT FOR THE MINIMUM NUMBER OF CANOPY TREES FOR SINGLE FAMILY LOT THIS IS AT 810 BUCK HILL DRIVE. MR. WORTHY WELCOME. HELLO EVERYBODY, GOOD AFTERNOON TO THE COMMISSION. MY NAME IS HUNTER WORTHY. I'M THE URBAN FORESTER FOR THE CITY OF MCKINNEY. IS THERE A WAY I CAN GET THIS? OKAY OKAY, EASY. SO I'M HERE TODAY TO DISCUSS A PROPERTY LOCATED AT 810 BUCK HILL DRIVE. IT IS TWO MILES SOUTH OF HIGHWAY THREE, 83 MILES WEST OF 75. IT'S IN THE BRIDGE POINT NEIGHBORHOOD, OFF RIDGE ROAD. THE APPLICANT IS REQUESTING A DESIGN EXCEPTION FOR THE TREE RATIO ON THE PROPERTY. IT IS FOR THIS OAK TREE UPON MY RIGHT. THE CURRENT ZONING ON THIS PROPERTY, REQUIRES TWO CANOPY TREES PER RESIDENTIAL LOT. AND WITH ONE OF ONE OR HALF OF THOSE TREES BEING PLANTED IN THE FRONT YARD, THE CITIZENS CONCERNS WITH THIS ARE. ROOTS FROM THE EXISTING OAK ARE CAUSING FOUNDATIONAL ISSUES TO THE HOME. THE TREE IS NEAR EXISTING UTILITIES AND IS CAUSING ISSUES THERE AS WELL. 
          AND IF A REPLACEMENT TREE WERE REQUIRED, THERE'S MINIMAL SPACE TO REPLANT. AS YOU CAN SEE, AND STUMP GRINDING WOULD BE RATHER COMPLICATED WITH THE PROXIMITY TO THE UTILITIES. AS YOU CAN SEE FROM THE EXISTING SURVEY. SO THEREFORE STAFF WOULD RECOMMEND APPROVAL BASED ON COMPLEMENTARY APPLICATIONS WITH THE EXISTING TREE. A REPLACEMENT TREE WOULD PUT THE APPLICANT BACK AT SQUARE ONE WITH THOSE COMPLICATIONS, AND ALSO A REPLACEMENT TREE WOULD LIKELY NEED TO BE EVEN CLOSER TO THE FOUNDATION, WITH COMPLICATIONS DUE TO COMPLICATIONS FROM STUMP GRINDING. AND AS YOU CAN SEE, THERE'S LIMITED SPACE THERE ON THE LOT. I WILL STAND FOR ANY QUESTIONS. THANK YOU, MR. WORTHY. QUESTIONS? ANYONE HOA APPROVED IT, RIGHT? YES AND THIS APPLIES JUST TO THE ONE LOT. YES OKAY. ANYONE ELSE? I JUST WANT TO CLARIFY THE HOA APPROVED THE 
          [00:05:10]
REMOVAL OF THE EXISTING TREE AS THEY WERE REQUIRED TO THAT REQUIREMENT TO HAVE THE CANOPY TREE IN THE FRONT YARD IS A CITY REQUIREMENT, WHICH IS WHY THE APPLICANT'S HERE. ASKING FOR THAT DESIGN EXCEPTION TO NOT REPLANT, I SEE. OKAY THANK YOU. WE APPRECIATE IT. THANK YOU VERY MUCH, IS OUR APPLICANT HERE? I'D HAVE NO IDEA WHAT I JUST DID. NO COMMISSIONERS. TERRY, COULD YOU PULL UP THE. 
          THERE WE GO. SO, AS YOU CAN SEE, MY FRONT YARD IS VERY SMALL. THE RED LINES ARE WHERE THE ELECTRIC LINE RUNS STRAIGHT ACROSS THE FRONT YARD. THERE IS A GAS LINE THAT RUNS ALONG THE SIDE OF THE TREE. AND FIBER OPTIC THAT RUNS BETWEEN THE TREE AND THE SIDEWALK. AND THERE IS NO VIABLE SPACE TO PUT ANOTHER CANOPY TREE THAT WON'T CAUSE MORE PROBLEMS, BECAUSE IT WILL BE CLOSER TO MY HOUSE. AND I'LL ANSWER ANY QUESTIONS. QUESTIONS OF THE APPLICANT, ANYONE? MISS HART, THANK YOU. THANK YOU. THIS IS A PUBLIC HEARING ITEM. IF YOU'VE COME TONIGHT AND WOULD LIKE TO ADDRESS PLANNING AND ZONING REGARDING THIS VARIANCE REQUEST, PLEASE COME TO THE PODIUM. I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE DESIGN VARIANCE. WE HAVE A MOTION BY MR. LOBO TO CLOSE THE PUBLIC HEARING AND APPROVE THE VARIANCE FOR APPLICANT REQUEST. 
          SECOND. SECOND BY MR. TAYLOR, IS THERE ANY DISCUSSION? PLEASE CAST YOUR VOTE. I. 
          THAT MOTION IS APPROVED. AND THAT DESIGN EXCEPTION IS APPROVED. THE NEXT ITEM ON OUR 
          [Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for Outdoor Commercial Entertainment (McKinney Badminton Facility), Located at 8800 Silverado Trail]
AGENDA IS TWO 4-0007 SUPP. A PUBLIC HEARING TO CONSIDER A SPECIFIC USE PERMIT REQUEST FOR OUTDOOR COMMERCIAL ENTERTAINMENT. THIS IS MCKINNEY BADMIND FACILITY AT 8800 SILVER AUTO TRAIL. MR. PALMER. YES. THANK YOU CHAIRMAN. GOOD AFTERNOON, COMMISSIONER ROGER PALMER, PLANNER WITH THE CITY OF MCKINNEY. THE APPLICANT IS REQUESTED A SPECIFIC USE PERMIT TO ALLOW FOR AN OUTDOOR COMMERCIAL ENTERTAINMENT. THE MCKINNEY BADMINTON FACILITY. USE IN A C-2 LOCAL COMMERCIAL ZONING DISTRICT, WHICH IS THE OUTDOOR USE, WOULD CONSIST OF FOUR OUTDOOR COURTS, WHICH YOU SEE HERE ON THE WEST SIDE OF THIS BUILDING AND WHICH ALSO WILL THE FACILITY WILL HAVE A INDOOR COMPONENT, WHICH WILL CONSIST OF 22 INDOOR COURTS. SO THE INDOOR COMPONENT DOES NOT NECESSITATE A REQUIREMENT TO OBTAIN A SPECIFIC USE PERMIT. HOWEVER UNDER THE CURRENT ZONING DISTRICT, THE CURRENT ZONING, THE ADDITION OF THE FOUR OUTDOOR COURTS WILL NECESSITATE THAT THIS SPECIFIC USE PERMIT. SO STAFF HAS NOTED THE EXISTING RESIDENTIAL AREAS TO THE NORTH AND SOUTH OF THE PROPERTY. HOWEVER, WITH THE 100 FOOT RIGHT OF WAY OF SILVERADO TRAIL AND PROTECTIONS PROVIDED BY CHAPTER 70, ARTICLE FIVE OF THE MCKINNEY CODE OF ORDINANCES, WHICH IS THE NOISE ORDINANCE STAFF IS COMFORTABLE WITH THAT. THE PROPOSED OUTDOOR DEVELOPMENT SHOULD BE COMPATIBLE WITH THE SURROUNDING USES AROUND THE SITE, DUE TO SURROUNDING COMMERCIAL USES AND PROTECTIONS PROVIDED WITH THE CITY NOISE ORDINANCE. STAFF RECOMMENDS APPROVAL OF THE SPECIFIC USE PERMIT AND WITH THAT, I WILL STAND FOR ANY QUESTIONS. THANK YOU, MR. PALMER. QUESTIONS ANYONE? THANK YOU. WE APPRECIATE IT. IS THERE A APPLICANT HERE TONIGHT? YES. ALL RIGHT. ALL RIGHT. HERE. UNDERSTOOD. THANK YOU. GOOD EVENING. MIKE LISSY 
          [00:10:01]
WITH CROSS ARCHITECTS, THANK YOU FOR ALLOWING US THE OPPORTUNITY TO SPEAK THIS EVENING. 
          COMMISSIONERS. RODERICK'S ALREADY GONE OVER THE BULK OF THE INFORMATION, SO MOST OF MY GOAL THIS EVENING IS REALLY TO JUST MAKE SURE THAT I ANSWER ANY QUESTIONS THAT YOU MAY HAVE AND WANTED TO CHECK AND SEE. OKAY YEAH, WE'VE JUST GOT THAT IN THERE. SO AS WAS MENTIONED, THE COURTS IN QUESTION ARE ON THIS END OF THE BUILDING HERE. AND THAT'S REALLY THE BULK OF OUR FOCUS THIS EVENING. SO IF YOU HAVE ANY QUESTIONS I'D BE HAPPY TO ANSWER THOSE. ANYONE HAVE QUESTIONS OF THE APPLICANT. I WAS EASY SO FAR. IT WAS SO FAR. WELL IF YOU CHANGE YOUR MIND AND YOU HAVE ANY QUESTIONS, YOU KNOW WHERE I'M AT. THANK YOU, THANK YOU. THIS IS A PUBLIC HEARING ITEM. IF YOU'VE COME TONIGHT AND WOULD LIKE TO ADDRESS PLANNING AND ZONING REGARDING THIS PROPOSED ISSUE, PLEASE COME TO THE PODIUM. MAKE A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE SNP. I HAVE A MOTION BY MR. LOBO TO CLOSE THE PUBLIC HEARING AND APPROVE THE ITEM. 
          SECOND, FOR STAFF RECOMMENDATION , SECOND. JESSE, THANK YOU, MR. CONRAD TERRY, ANY DISCUSSION ON THE MOTION, PLEASE CAST YOUR VOTE. I. THE MOTION CARRIES A PUBLIC HEARING IS CLOSED, AND THE ITEM WILL BE SENT TO THE CITY COUNCIL WITH A FAVORABLE RECOMMENDATION, FOR FINAL ACTION AT THE JUNE 18TH, 2024, CITY COUNCIL MEETING. THE NEXT ITEM TONIGHT IS 24-0002M. AS THE ROOM 
          [Conduct a Public Hearing to Consider/Discuss/Act on an Amendment to Section 203 (Procedures) of the Zoning Regulations found in Chapter 150 (Unified Development Code) of the Code of Ordinances]
CLEARS, I WON'T BE OFFENDED. 24-0002M. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION 203 PROCEDURES OF THE ZONING REGULATIONS FOUND IN CHAPTER 150 UNIFIED DEVELOPMENT CODE OF THE CODE OF ORDINANCES. MISS ARNOLD. THANK YOU, MR. CHAIRMAN. JENNIFER ARNOLD, DIRECTOR OF PLANNING, SO THIS ITEM IS TO MAKE ACTUALLY A VERY SMALL AMENDMENT TO THE UDC, UNDER THE PROCEDURES SECTION OF OUR ZONING ORDINANCE OR ZONING REGULATIONS. I APOLOGIZE FOR THE TEXT THAT APPARENTLY DID NOT TRANSFER INTO OUR LEGISTAR SYSTEM APPROPRIATELY, BUT HOPEFULLY YOU CAN BEAR WITH ME. SO UNDER OUR EXISTING ZONING ORDINANCE, WE DO HAVE A BOARD OF ADJUSTMENT, A BOA THAT CAN HEAR A NUMBER OF DIFFERENT, HARDSHIP REQUESTS THAT ARE UP ON THE SCREEN. SO AN ADMINISTRATIVE APPEALS, ISSUES RELATED TO NONCONFORMING USES, AMORTIZATION OF NONCONFORMING USES AND APPEALS BASED ON ERROR. THERE ARE TWO OTHER TYPES OF REQUESTS THAT THE BOARD OF ADJUSTMENT CAN HEAR. ONE ARE SPECIAL EXCEPTIONS, WHICH ARE LISTED UP THERE, AND THE OTHER IS VARIANCES. AND UNDER THE VARIANCE SECTION OF OUR PROCEDURES, AN APPLICANT IS ABLE TO GO TO THE BOARD OF ADJUSTMENT TO REQUEST RELIEF FROM DIMENSIONAL STANDARDS OF OUR ZONING CODE. WE'RE ACTUALLY PROPOSING TONIGHT TO REMOVE THE WORD DIMENSIONAL IN IN THE CODE OF ORDINANCES, SO THAT AN APPLICANT WOULD HAVE THE ABILITY TO GO TO THE BOARD OF ADJUSTMENT FOR RELIEF ON ANY NUMBER OF ITEMS THAT DON'T OTHERWISE HAVE WHAT WE CALL A RELIEF VALVE OR AN OFF RAMP. YOU HEARD TONIGHT A DESIGN EXCEPTION FOR THAT TREE IN THE FRONT YARD OF A SINGLE FAMILY HOME. WITH THIS CHANGE, THAT APPLICANT ACTUALLY COULD HAVE GONE TO THE BOARD OF ADJUSTMENT BECAUSE WE'RE DEALING WITH AN EXISTING CONDITION OR CONSTRAINT THAT DOESN'T OTHERWISE FIT NICELY INTO THAT DESIGN EXCEPTION PROCESS. YES. SO BY REMOVING THE WORD DIMENSIONAL AND SETBACK UNDER THE BOA PARAMETERS FOR VARIANCES, IT WILL ALLOW SOME OF THOSE SMALLER ISSUES, SEEMINGLY SMALLER ISSUES OR ADJUSTMENTS TO GO TO THE BOARD OF ADJUSTMENT. 
          HERE WITH THE CITY, AS OPPOSED TO COMING TO THE P AND Z THROUGH SOME SORT OF A DESIGN EXCEPTION OR A REZONING REQUEST. AND ULTIMATELY, OUR GOAL WITH THE UDC IS TO CREATE AS MANY LOGICAL , RELIEF VALVES AS POSSIBLE FOR DEVELOPING PROPERTIES AND EXISTING PROPERTIES. SO THAT IS THE REASON FOR THE REQUEST, AND THIS ITEM WOULD BE FORWARDED TO CITY COUNCIL THROUGH MEETING NEXT WEEK. WE'RE RECOMMENDING APPROVAL AND I'M HAPPY TO ANSWER ANY QUESTIONS. WERE THERE, SPECIFIC BACKLOG OF REQUESTS OR CASES OR ANYTHING LIKE THAT THAT CAUSED THIS? NOT NO, NO, NOT NECESSARILY, BUT WE DO HAVE A NEW CHIEF BUILDING OFFICIAL, A RELATIVELY NEW CHIEF BUILDING OFFICIAL, WHO HAS SOME EXPERIENCE ADMINISTERING THAT BOARD OF ADJUSTMENT, IN OTHER 
          [00:15:05]
COMMUNITIES THAT HAS A LITTLE BIT MORE LIBERTY THAN OURS, PREVIOUSLY HAS HAD, AND THEN THE REQUEST THAT YOU HEARD TONIGHT IS A GREAT EXAMPLE OF ONE WHERE WE WERE ABLE TO MAKE THE DESIGN EXCEPTION PROCESS THROUGH PNC WORK. BUT THE, THE MORE LOGICAL RELIEF VALVE WOULD HAVE BEEN THAT BOARD OF ADJUSTMENT PROCESS. THAT'S AN EXISTING SINGLE FAMILY LOT EXISTING HOME. 
          THERE IS A WAS A CLEAR SITE CONSTRAINT, AND THAT DESIGN EXCEPTION PROCESS IS REALLY MORE GEARED TOWARDS DEVELOPING PROPERTIES PROPERTIES THAT ARE GOING THROUGH THE DEVELOPMENT PROCESS. BOA HELPS TO ADDRESS SOME OF THESE MORE EXISTING CONDITIONS. OKAY. THANKS. SO THE PROPERTY THAT WE LOOKED AT A YEAR AGO WHERE THE MAN WAS TRYING TO CONVERT THE CAR WASH ON VIRGINIA TO A LITTLE DRIVE IN GROCERY THAT WOULD BE AN EXAMPLE THAT WOULD GO TO ZONING BOARD OF ADJUSTMENTS. NOPE THAT ONE ACTUALLY WOULD HAVE STILL GONE THROUGH THE PLANNING AND ZONING COMMISSION. SO THERE WAS A SETBACK ISSUE. ALSO, REMEMBER YOU WANTED TO. THAT IS CORRECT. 
          BUT THE SETBACK ISSUE WAS RELATED TO REDEVELOPMENT COMPLETELY OF THE SITE. SO THEY WERE YOU KNOW, ESSENTIALLY WANTING TO RAZE THE SITE AND SUBMIT AN ENTIRELY NEW SITE PLAN OR SITE DEVELOPMENT CONCEPT. AND IN THAT CASE, IT WOULD HAVE COME IT WOULD STILL COME TO THE PLANNING AND ZONING IF IT IF IT WAS ONLY A SETBACK THAT HE WANTED, A VARIATION OF IT WOULD GO TO BOA THEN POTENTIALLY. YES, ABSOLUTELY. OTHER QUESTIONS ANYONE? JENNIFER, THANK YOU VERY MUCH. THIS IS A PUBLIC HEARING. IF YOU'VE COME TONIGHT AND WOULD LIKE TO ADDRESS PLANNING AND ZONING REGARDING THIS PROPOSED AMENDMENT TO SECTION 203, PLEASE COME TO THE PODIUM. HI. I'M NOT HERE FOR THIS ISSUE, BUT I'D LIKE TO MAKE A COMMENT ON WHAT YOU PRESENTED OR GIVE US YOUR NAME AND ADDRESS. WILLIAM NALLEY. BILL NALLEY I'M HERE FOR ANOTHER ISSUE. REGARDING WHAT SHE JUST SPOKE TO, TAKING IT AWAY FROM YOU AND PUTTING IT ON LOWER PREMISE HANDLING THAT CAN BE PROBLEM. SHE DID NOT GO INTO ANY OF THE ISSUES REGARDING HOW THAT WOULD BE HANDLED. THAT SHOULD HAVE BEEN ADDRESSED RIGHT HERE AND NOW. SHE CAN ADDRESS IT IF SHE CAN. THAT SHOULD BE ADDRESSED BECAUSE THAT MADE ME COME MORE CUMBERSOME TO INDIVIDUALS THAN COMING HERE. 
          AND SPEAKING TO YOU AND CAN BE I'M SPEAKING FROM EXPERIENCE CAN BE MUCH MORE CUMBERSOME. THAT'S THE ONLY COMMENT I HAVE REGARDING THE ISSUE SHE JUST RAISED. IF SHE CAN ADDRESS IT NOW, FINE. I'D LIKE TO HEAR IT. OTHERWISE I'M QUIET. THANK YOU, MR. NALLEY. MISS ARNOLD, THIS DOES GO TO THE CITY COUNCIL ON JUNE 4TH, BUT YOU'RE CERTAINLY WELCOME TO WEIGH IN ON MR. NALLY'S COMMENT. SURE, ABSOLUTELY. I DO WANT TO MAKE SURE I CLARIFY. THE BOARD OF ADJUSTMENT IS A DESIGNATED BOARD. IT IS NOT A STAFF BOARD. IT IS A JUDICIAL CONSIDERED A JUDICIAL BOARD, AND INCLUDED WITH YOUR PACKET IS THE PARAMETERS OF OUR BOARD OF ADJUSTMENT AND YOU WILL SEE IT AS A VERY TIGHT SCOPE OF HOW THEY REVIEW REQUESTS. SO THERE ARE VERY SPECIFIC THRESHOLDS THAT HAVE TO BE MET IN ORDER FOR BOA TO CONSIDER ANY ONE OF THESE TYPES OF REQUESTS. SO FOR EXAMPLE, ALL, THE VARIANCES, SINCE THAT'S WHAT WE'RE TALKING ABOUT, IT'S RELATED TO A STANDARD THAT CREATES AN UNNECESSARY HARDSHIP. AND THE CODE GOES ON TO DEFINE WHAT AN UNNECESSARY HARDSHIP IS. I THINK THE CASE IN POINT FROM TONIGHT WITH THE TREE REQUEST, WERE CLEARLY THERE WERE, FRANCHISE AND UNDERGROUND UTILITIES THAT WERE CREATING A REAL CONFLICT WITH THE TREE THAT WAS IN PLACE. AND SO THOSE ARE SOME OF THE EXAMPLES THAT OUR BOARD OF ADJUSTMENT WOULD, CONCUR UNDER, UNLIKE THE PLANNING AND ZONING COMMISSION, WHERE THE APPEAL THROUGH PLANNING AND ZONING IS ALWAYS THROUGH THE CITY COUNCIL, BOARD OF ADJUSTMENT DOES NOT ALWAYS GO TO THE CITY COUNCIL. IN FACT, IT MAY NEVER GO TO CITY COUNCIL. APPEALS OF THE BOARD OF ADJUSTMENT WOULD ACTUALLY GO THROUGH THE COURT SYSTEM, THEY AS I SAID, THEY ARE CONSIDERED MORE OF A JUDICIAL BODY. THEY HAVE THE AUTHORITY TO ISSUE SUBPOENAS, VERY RARELY DOES THAT HAPPEN, BUT SO THEY'RE VERY CLEAR PARAMETERS, BOTH FROM STATE LAW AS WELL AS THE CITY'S CHARTER FOR OUR BOARD OF ADJUSTMENT THAT GUIDE HOW THEY REVIEW AND ACT ON REQUESTS. THANK YOU. I'D JUST LIKE TO ADD THERE APPOINTED THE SAME WAY WE WERE APPOINTED BY CITY COUNCIL, THE MAYOR OR ANYONE ELSE THAT HASN'T SPOKEN WOULD LIKE THE OPPORTUNITY TO COME SPEAK TONIGHT ON THIS ITEM. ALL RIGHT. A MOTION TO, CLOSE THE PUBLIC HEARING. EXCUSE ME. THANK YOU. VERY CLEAR, CONCISE. AND I AGREE. WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING, MAKE A MOTION TO CLOSE THE PUBLIC HEARING. A MOTION BY MR. BUCKNER TO CLOSE THE PUBLIC HEARING. SECOND. SECOND BY MR. LOBO. ANY DISCUSSION? GREAT. PLEASE CAST 
          [00:20:07]
YOUR VOTES. I. BUT THE MOTION CARRIES. A PUBLIC HEARING HAS BEEN CLOSED. WE HAVE, COMMENTS OR QUESTIONS OF MISS ARNOLD MEMBERS OR MOTIONS. MAKE A MOTION TO APPROVE THE PROPOSED AMENDMENTS. THE MOTION BY MR. LOBO TO APPROVE THE PROPOSED AMENDMENTS TO THE SECTION 2 OR 3 OF THE ZONING REGULATIONS. SECOND. SECOND BY MR. BUCKNER. ANY DISCUSSION, PLEASE CAST YOUR VOTES. AYE. JERRY. A MOTION BY LOBO. 
          SECONDED BY BUCKNER. WE'RE GOOD. OKAY THE MOTION CARRIES. THIS ITEM GOES TO THE CITY COUNCIL, AT THE JUNE 4TH, 2024 MEETING. OKAY. THE NEXT ITEM WOULD BE THE OPPORTUNITY FOR ANYONE IN THE 
          [PUBLIC COMMENTS REGARDING MATTERS NOT ON THE AGENDA]
AUDIENCE TO SPEAK ON AN ITEM THAT IS NOT ON OUR AGENDA JUST TO REMIND EVERYONE YOU HAVE THREE MINUTES TO SHARE YOUR THOUGHTS WITH US. WE DO APPRECIATE YOU BEING HERE. SO AT THIS TIME, WE WILL OPEN UP THE FLOOR TO, PUBLIC COMMENTS ON ITEMS, NOT ON OUR AGENDA. THANK YOU FOR BEING PATIENT WITH ME. IT'S BEEN A LONG TIME SINCE I'VE BEEN IN MEETINGS LIKE THIS, I'M HERE TO BRING UP AN ISSUE I BROUGHT UP WITH THE CITY OF THE MAYOR HIMSELF. BEFORE I TOLD HIM I WOULD BE HERE TO BRING THIS ISSUE UP WITH YOU. I'M GOING TO READ IT TO BE CAREFUL NOT TO SAY ANYTHING. I SHOULDN'T SAY THIS IS TO THE CITY OF THE MAYOR, GEORGE FULLER, AND OR HIS STAFF. 
          TUESDAY, MAY 28TH TO 24, AND PRESENTED TO THE CITY OF MCKINNEY ZONING REVIEW BOARD ON TUESDAY, MAY 28, 6 P.M. MEETING. PLEASE REFERENCE I'M ASKING YOU PLEASE REFERENCE YOUR CURRENT CITY OF MCKINNEY CODE FOR RESPONSIBILITIES OF NEIGHBOR TREE OVERHANG OVER ADJACENT PROPERTIES. I'VE WATCHED YOUR MEETINGS BEFORE. I'M WELL AWARE OF WHAT GOES ON AT THESE MEETINGS WHEN THEY COME HERE WITH THESE ISSUES. MY ISSUE IS THIS WHY ALLOW A VERY OLD COMMON LAW STATE LAW, ONE WHICH EASILY OBTAINED WITH ONE CERTIFIED ARBORIST OPINION, CIRCUMVENT MORE RECENT CITY MCKINNEY NEIGHBOR CODE REQUIREMENTS TO TRIM THEIR TREES. WITHOUT PROPER RESPECTABLE COMPANY, MULTI ARBORIST CERTIFIED OPINIONS AND OTHER PROFESSIONAL COMPANY TREE TRIMMER OPINIONS, THIS IS WHAT'S GOING ON TO PREVENT SUCH ISSUES MORE WITH MORE RECENT MISS. MISS MCKINNEY CITY CODE. WHERE IS THE CITY? CITY MCKINNEY ZONING REVIEW BOARD OR OTHER POTENTIAL CITY OF MCKINNEY MEDIATE MEDIATION TO DEAL WITH THIS SITUATION. WHEN I MAKE THE ABOVE REQUEST TO ZONING COMMISSION TO ADDRESS THE ABOVE TREE ISSUE, TEXAS COMMON LAW IS NOW BEING USED BY TWO OF MY FOUR SURROUNDING NEIGHBORS TO STOP NEWER CITY CODE. MCKINNEY TREE RESPONSIBILITY CODE FOR REQUIRED NEIGHBOR TRIMMING AT THEIR EXPENSE. IT'S GOING ON FOR A LONG TIME. PLEASE NOTE I HAVE SUCCESSFULLY WORKED WITH NUMEROUS CITY OF MCKINNEY STAFF AND MANAGEMENT. I'VE GONE TO THE HIGHEST LEVELS TALKING ABOUT GOOD THINGS CITY OF MCKINNEY HAS DONE AND I ALWAYS REPORT BACK TO THE MAYOR ON THESE. I'VE MET HIM AND SHOOK HIS HAND, INCLUDING AIRPORT EXPANSION. SOMETHING I WORKED WITH RECENTLY DIDN'T GET PASSED. I WORK WITH THEM AGAIN TO GET IT PASSED, BUT THIS THEY ARE FAMILIAR WITH ME. THEY KNOW THEY TOOK SOME OF ME. THEY THANK ME FOR MY INPUT. MY. I HAVE OTHER IMPORTANT INFORMATION, DETAILS AND FACTS REGARDING MY SITUATION. I WILL NOT ADDRESS HERE. I'M LIMITING IT TO THIS ISSUE, HOW THESE PEOPLE CAN DO THIS FOR OVER FIVE YEARS AND I CAN'T TALK TO THEM. IT'S NO USE TALKING TO THEM. THEY DON'T WANT 
          [00:25:05]
TO CUT THEIR TREES AND ONE OF THEM HAS NEVER CUT HER TREE YET. AND I'VE GOT OVERHANG BERMUDAGRASS THAT DOESN'T GROW. THANK YOU. THANK YOU, MR. NOWLING. ANYONE ELSE WISH TO SPEAK TONIGHT ON AN ITEM? NOT ON THE AGENDA. GUESSING THAT'S A NO . OKAY. ALL RIGHT. STAFF. KATE, 
          [COMMISSION AND STAFF COMMENTS]
DO YOU HAVE ANYTHING FOR US? NOTHING FOR ME. MR. ARNOLD. NOTHING FOR ME. MEMBERS. ANY ANY ANNOUNCEMENTS OF BIRTHDAYS? HOPEFULLY EVERYONE IS SAFE AT HOME AND THEIR POWERS EITHER BACK ON OR COMING ON SOON. CHECK ON YOUR NEIGHBORS, PLEASE, WITH THAT, WE DO NEED A MOTION TO ADJOURN. MAKE A MOTION TO ADJOURN. MOTION BY MR. BUCKNER TO ADJOURN. SECOND. SECOND BY MR. CONRAD. ANY DISCUSSION, PLEASE CAST YOUR VOTES. I. STAFF. THANK YOU, GUYS AND LADIES, FOR BEING HERE. WE APPRECIATE YOU VERY MUCH, WITH THAT, THE MOTION CARRIES, IT IS 631. WE ARE ADJOURNED. THANK YOU
* This transcript was compiled from uncorrected Closed Captioning.