Jun 25, 2024 Planning & Zoning Commission

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WELCOME TO THE CITY OF MCKINNEY'S PLANNING AND ZONING COMMISSION MEETING OF TUESDAY, JUNE 25TH, 2020. FOR THE COMMISSIONERS THAT YOU SEE SEATED BEFORE YOU HAVE BEEN APPOINTED BY THE CITY COUNCIL. AND WE SERVE AT THE PLEASURE OF THAT SAME CITY COUNCIL. WE ARE AN ADVISORY BOARD TO THE CITY COUNCIL TONIGHT. IF YOU ARE PLANNING ON SPEAKING AT ONE OF OUR PUBLIC HEARING ITEMS, WE HAVE A FEW HOUSEKEEPING THINGS FOR YOU AS YOU COME TO THE PODIUM. IF YOU HAVE ONE ALREADY, PLEASE FILL OUT ONE OF THE YELLOW SPEAKER CARDS AND ON THAT CARD WE'LL NEED YOUR NAME AND YOUR ADDRESS. THE ITEM NUMBER THAT YOU'RE SPEAKING ON. AND THEN IF YOU HAVE A PARTICULAR POSITION ON THAT ITEM, PLEASE PUT THAT ON THERE AS WELL. AND WE NEED TO COME TO THE PODIUM. WE'LL HAVE THREE MINUTES TO SHARE YOUR THOUGHTS. YOUR CONCERNS. WHEN YOU HAVE 30S LEFT ON THIS SCREEN WILL BE A TIMER. AND THEN WHEN YOUR THREE MINUTES IS UP, IT'LL BE A REALLY BRIGHT RED. WE APPRECIATE YOU BEING HERE. IT IS IMPORTANT THAT THE CITIZENS BE INVOLVED IN GOVERNMENT IN MCKINNEY, AND WITH THAT, WE WILL START, OUR AGENDA FIRST ITEM WOULD BE THE OPPORTUNITY FOR ANYONE IN THE AUDIENCE TO SPEAK ON A NON PUBLIC HEARING ITEM THAT IS ON THE AGENDA. AN EXAMPLE OF THAT WOULD BE THE MINUTES OF OUR LAST PLANNING AND ZONING COMMISSION MEETING. SO IF YOU'RE HERE TONIGHT AND WOULD LIKE TO ADDRESS PLANNING AND ZONING ON A NON PUBLIC HEARING ITEM, PLEASE COME TO THE PODIUM. ALL RIGHT.

[CONSENT ITEMS]

I'M SORRY TO APPROVE THE CONSENT AGENDA. SECOND. SECOND BY MR. TAYLOR, IS THERE ANY DISCUSSION? PLEASE CAST YOUR VOTE. THAT MOTION CARRIES THE CONSENT AGENDA HAS BEEN APPROVED. THE

[Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “C2” - Local Commercial District to “C3” - Regional Commercial District, Located at 1565 North Hardin Boulevard (REQUEST TO BE TABLED)]

JENNIFER ARNOLD DIRECTOR OF PLANNING. AS YOU'LL NOTE, I AM NOT JAKE. HE IS OUT SICK.

UNFORTUNATELY BUT, THE ITEM BEFORE YOU IS ACTUALLY BEING REQUESTED TO BE TABLED. AND THE PUBLIC HEARING CONTINUED TO YOUR NEXT MEETING ON JULY NINTH DUE TO THE ZONING SIGNS NOT BEING POSTED ON THE PROPERTY AND THE TIME FRAME REQUIRED BY THE ZONING ORDINANCE. SO I'M HAPPY TO ANSWER ANY QUESTIONS. OTHERWISE, WE WOULD REQUEST THAT THE COMMISSION TABLE THIS ITEM TO YOUR NEXT MEETING. THANK YOU. MR. ARE THERE QUESTIONS? NO. YOU'RE GOOD. ANYONE HERE TONIGHT TO SPEAK ON THIS THIS PROPOSED REZONE AT, HARDING BOULEVARD? ALL RIGHT. GREAT. WHAT WE'LL DO IS LOOK FOR A MOTION TO CLOSE THE PUBLIC HEARING. MISS ARNOLD, ARE WE TABLING JULY 9TH TO JULY 9TH? PERFECT. I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING AND TABLE THIS ITEM TILL JULY THE 9TH. WE MIGHT CONTINUE THE PUBLIC HEARING TO THE JULY 9TH MEETING. OKAY. CONTINUE THE PUBLIC AS AMENDED. I HAVE A MOTION BY MR. LEBEAU TO CONTINUE THE PUBLIC HEARING AND TABLE THE ITEM UNTIL THE JULY 9TH, 2024, PLANNING AND ZONING COMMISSION MEETING IS THERE A SECOND, SECOND, SECOND BY MR. BUETTNER? ANY DISCUSSION? PLEASE CAST YOUR VOTE. I SAID MOTION CARRIES THE ITEM HAS BEEN TABLED UNTIL JULY. THE NIGHT THE NEXT ITEM IS 21-0024 SP A PUBLIC HEARING TO

[Conduct a Public Hearing to Consider/Discuss/Act on a Variance to a Site Plan for a Multi-Family Development (Avanta Painted Tree), Located at the Southeast Corner of Wilmeth Road and North Lake Forest Drive]

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SO I WANTED TO TOUCH BASE A LITTLE BIT. SO ALONG THE SOUTHERN PROPERTY LINE, YOU CAN SEE THAT I'M GOING TO GO BACK AND FORTH BECAUSE I THINK IT'S A LITTLE BIT HELPFUL, SO WE ARE GOING TO BE STARTING HERE AND THEN WE'RE GOING TO MOVE DOWN TO THIS SECTION AS WE ARE TALKING ABOUT THIS SOUTHERN PROPERTY LINE. SO ON THE LEFT THE TALLEST POINT IS APPROXIMATELY ABOUT LIKE 8 TO 10FT, THE APPLICANT HAS ALSO PROVIDED PROPOSED A OR HAS A PRESENTATION FOR Y'ALL THAT HELPS DEMONSTRATE THE HEIGHT DIFFERENCE AS WELL. BUT YOU CAN SEE THAT AT THE TALLEST POINT THAT THE RETAINING WALL IS QUITE, QUITE TALL, APPROXIMATELY EIGHT FEET. BUT IF YOU CONTINUE ALONG THAT PROPERTY LINE, AS WE NOTED HERE, IF YOU CONTINUE DOWN TOWARDS THIS WAY, THE RETAINING WALL DOES START TO SLOPE QUITE SIGNIFICANTLY. START SLOPING AROUND THIS THIRD UNIT, GIVE OR TAKE THIRD OR FOURTH UNIT, FROM APPROXIMATELY EIGHT FEET TO BELOW THE SIX FOOT REQUIREMENT THAT WE REQUIRE FOR ALL MASONRY SCREENING, STAFF IS SUPPORTIVE OF THE VARIANCE WHERE THE RETAINING WALL MEETS THE TYPICAL SIX FOOT REQUIREMENT. HOWEVER, WHERE THE RETAINING WALL IS LESS THAN SIX FEET OR THERE'S NO RETAINING WALL THAT EXISTS IN THE DEVELOPMENT IS LEVEL WITH THE ADJACENT PROPERTY, IT SHOULD BE NOTED THAT THIS PROPERTY DOES SIT LOWER THAN THE EXISTING MULTI OR EXISTING SINGLE FAMILY ZONE. THE SINGLE FAMILY HAS NOT BEEN CONSTRUCTED AS OF YET, BUT IT IS ALREADY BEEN PLOTTED AND IT IS, MOVING FORWARD IN THE STAGES FOR SINGLE FAMILY DEVELOPMENT, STAFF DOES NOT FEEL THAT THE TYPICAL SCREENING REQUIREMENT IS UNDULY BURDENSOME BURDENSOME TO ACHIEVE AT THIS LOCATION, AS MASONRY IS FOUND IN THESE KINDS OF SITUATIONS THROUGHOUT THE ENTIRE CITY WHERE THERE ARE RETAINING WALL REQUIREMENTS. SHOULD ALSO BE NOTED THAT THE SIX FOOT TALL, SOLID MASONRY SCREENING WALL IS A REQUIREMENT. THAT'S MET BY ALMOST ALL OF OUR MULTIFAMILY DEVELOPMENTS THROUGHOUT THE CITY, THE ONLY NOTABLE EXCEPTIONS ARE GOING TO BE OUR URBAN DEVELOPMENTS THAT ARE IN CRAIG RANCH, WE DID SEE A SITE PLAN, BELIEVE LAST YEAR FOR THE LINEAR PARK THAT WE DID NOT REQUIRE THE MASONRY BECAUSE OF THE INTEGRATION OF THE LINEAR PARK WITH, WITH THAT MULTIFAMILY AS WELL AS WITHIN OUR MCKINNEY TOWN CENTER. SO OUR MORE OUR MORE DENSE, OUR MORE URBAN AREAS, WE DON'T SEE THAT MASONRY SCREENING WALL TO ACHIEVE THAT BALANCE OF, URBAN FEEL AND URBAN DESIGN. AS SUCH, STAFF RECOMMENDS DENIAL OF THIS VARIANCE, AND I WILL STAND FOR ANY QUESTIONS. YOU WANT QUESTIONS? OKAY. DID YOU WOULD. THAT'S FOR SURE. OKAY. JUST RIGHTS. AND THEN THEY DIDN'T PUT UP A NEW ONE. AND SO THAT'S MY POSITION I HAVE A QUESTION OF COURSE. SO THE ONLY VARIANCE THEY'RE ASKING FOR IS WHAT YOU'VE DRAWN IN RED AND PURPLE. THEY HAVE ACTUALLY UPDATED THEIR REQUEST. THEY ARE GOING TO BE PROCEEDING WITH A MASONRY DEVICE WHERE IT IS NOTED IN RED. MOVING FORWARD. THEY HAVE UPDATED IT SO THAT IT'S ONLY THIS PURPLE SECTION. HERE IT IS UPDATED ON THAT MAP THAT I HANDED OUT TO YOU ALL. OKAY. THEY SAID SOMETHING ABOUT THERE'S A LANDSCAPE SETBACK BETWEEN THE REQUIRED FENCE AND ONE OF OUR FENCING FOR THE UNITS. ALL MULTIFAMILY IS REQUIRED TO HAVE A 20 FOOT SETBACK WITH LANDSCAPING BETWEEN IT. YES.

THANK YOU. OKAY. DID YOU SAY THAT IT WAS IT THREE UNITS IN THE SINGLE FAMILY SIDE? THREE UNITS IN. IT'S APPROXIMATELY THE THIRD OR FOURTH UNIT THAT THE WALL DOES START SLOPING DOWN FROM THAT EIGHT, SIX FOOT DOWN. SO IT'S A COUPLE HUNDRED FEET FROM THAT POINT TO THE CORNER

[00:10:02]

AND THEN THEY WOULD PROPOSE THE WOOD FENCE, FOR THE REMAINING PORTION WHEREVER THE REMAINING PORTION WHERE IT WOULD BE FENCE AND THE RETAINING WALL BEING SIDE BY SIDE FOR PORTIONS OF IT OR ON TOP OF IT, YOU KNOW, HOW MANY LINEAR FEET THAT IS THERE? APPROXIMATELY. I MIGHT HAVE TO DEFER TO THE APPLICANT ON THAT ONE. THEY MIGHT BE ABLE TO ANSWER THAT JUST A LITTLE BIT BETTER. IT LOOKS LIKE ABOUT SIX UNITS. ASSUMING 50 FOOT FRONT FOOT LOTS ABOUT 300FT. THAT'S KIND OF WHAT I WAS. YEAH. WAS IT KIND OF ESTIMATING. BUT. CAITLIN, TO MR. TAYLOR'S, COMMENT ABOUT WHAT IS WHAT WHAT'S THE PROPOSED MATERIAL FOR THIS SECTION IN BLUE? THE SECTION IN BLUE WOULD BE UTILIZATION OF THE RETAINING WALL WHERE IT'S 8 TO 6FT, AND THEN IT WOULD BE WOOD. WOOD FENCE AT THAT POINT, THE RED SECTION IS NOW GOING TO BE, MASONRY SCREENING. IT WOULD MEET OUR REQUIREMENTS. SO IT WOULD NO LONGER NEED A VARIANCE AT THAT POINT. DID YOU SAY STAFF WAS STILL IN DENIAL OF THIS? YES. WE ARE STILL IN DENIAL OF THIS VARIANCE WITH THE INCLUSION OF THE WOOD FENCE ALONG THE SOUTHERN PROPERTY LINE. AND I DO WANT TO MAKE SURE TO CLARIFY THAT THE PORTION IN RED IS NO LONGER PART OF OUR CONSIDERATION , BECAUSE IT DOES MEET THE CODE. SO OUR DENIAL IS STILL FOUNDED ON THAT PURPLE AREA. AND THE PORTIONS THAT WOULD BE UTILIZING WOOD FENCE. SO CAN YOU, EXPLAIN THE DIFFERENCE IN MATERIAL USED? I MEAN, I UNDERSTAND IT'S MASONRY VERSUS WOOD, BUT, DO WE, BEYOND THAT, YOU KNOW, IS IT LIKE A TYPICAL SIX FOOT WOODEN FENCE THAT YOU'D FIND IN, YOU KNOW, GOING AROUND A RESIDENTIAL YARD, OR IS IT SOME OTHER KIND OF CONSTRUCTION? IT WOULD BE A TYPICAL WOOD FENCE IS WHAT I'M SEEING FROM THE EXHIBIT THAT THEY HAVE PROVIDED. SO ALL OF OUR MULTIFAMILY, PER THE ZONING AND FOR THE UNIFIED DEVELOPMENT CODE THAT WE ADOPTED IN 2022 AND IN OUR CODE PRIOR, WE HAVE ALWAYS REQUIRED A MASONRY SCREENING WALL, BECAUSE FENCES FOR FENCING AND THEN THE MASONRY, THE IRON TUBULAR STEEL WITH THE LIVING SCREENING, THAT'S GOING TO BE OUR SCREENING DEVICES. SO IT'S A MATTER OF LONGEVITY OF THE FENCE, CORRECT? YES, SIR. OKAY. AND THE WOOD FENCE WOULD BE IN FRONT OF THE, RETAINING WALL OR ON TOP OF IT. JUST TO CLARIFY, I BELIEVE THAT IT'S ONLY GOING TO BE IN FRONT OF IT BECAUSE I DON'T BELIEVE THEY MIGHT HAVE UPDATED IT SINCE, BUT IT SHOULD HAVE BEEN RETAINING WALL WITH THE FENCE IN FRONT. OKAY, THAT'S WHAT I THAT'S WHAT I THOUGHT. I JUST WANTED TO CLARIFY. ANYONE ELSE? OKAY. THANK YOU. SO OUR APPLICANT HERE TONIGHT, WE ARE HERE. OH, ALL THESE FANCY TECHNOLOGIES. AND YOU WERE SO GOOD AT IT. YOU DO ANNOTATE. YOU JUST HAVE TO GET HERE AND THEN.

OKAY. PERFECT. I HAVE A CLEAR BUTTON. WHENEVER YOU WANT TO GO BACK AND FORTH. PERFECT. THANK YOU. OF COURSE, THANK YOU, COMMISSIONERS, TO ALLOWING US TO COME AND SPEAK ABOUT OUR PROPERTY, SO WE HAVE A COUPLE OF AERIAL SHOTS AND CONSTRUCTION SHOTS TO ALSO WALK THROUGH. SO THE AVANTI PROPERTY IS OURS THAT'S BEING CONSTRUCTED RIGHT NOW. YOU CAN SEE THE SINGLE FAMILY UNITS AND THE TALL WALL AND THE FIRE STATION ITSELF. DO PERFECT. SO THIS GETS INTO SOME OF THE DIMENSIONS THAT CAITLIN HAD WALKED THROUGH. SO, THE RED DASHED LINES ARE THE PROPERTY LINES OF THE ADJACENT PROPERTIES FOR THE FIRST HUNDRED FEET, AS CAITLIN HAD NOTED, THE WALL SITS ABOUT NINE FEET TWO INCHES. WE HAVE A PHOTO OF IT WITH ONE OF OUR CONSTRUCTION GUYS, AND THEN IT DOES TRANSITION DOWN TO SIX FOOT, AND THEN THERE'S 100FT ON THE OTHER END. THAT IS NO WALL ITSELF, THIS GIVES YOU AN IDEA OF THE AT GRADE LEVEL, WITH ROBERT, THE CLIENT STANDING IN FRONT OF IT AND HOW TALL IT IS, AND THEN THE OVERALL AERIAL SHOT AS IT STARTS TO DROP WITHIN GRADE ITSELF, SO IF WE WERE REQUIRED TO BUILD THE MASONRY SCREEN WALL, THIS GIVES YOU AN IDEA OF WHAT WOULD BE GOING ON. YOU HAVE THE STONE RETAINING WALL THAT'S HOLDING UP THE SINGLE FAMILY PROPERTIES. THEY WOULD HAVE A WOOD FENCE ON THE BACK OF THEIR PROPERTY AS WELL.

SO NOT ONLY WOULD YOU HAVE THE RETAINING WALL, YOU WOULD THEN HAVE THEIR SIX FOOT BACKYARD FENCE ON THEIR PROPERTY, AND THEN WE WOULD BE REQUIRED ON THE BOTTOM SIDE TO BUILD THE MASONRY FENCE. SO WE WOULD HAVE MASONRY FENCE RETAINING WALL, WOOD FENCE THAT THAT SINGLE FAMILY PROPERTY WOULD PUT IN. SO WE WOULD BASICALLY BE SCREENING A WOOD FENCE AND A RETAINING WALL. AND THE FOOTER THAT WOULD BE REQUIRED FOR THAT WOOD FENCE WOULD HAVE OUR SCREEN WALL SIT

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I JUST DOVE RIGHT IN. I'M JODY HOUSE. NICE TO MEET YOU ALL. I'M ROBERT KELLY WITH AVANTI, OWNER REPRESENTATIVE, AND, LIVE AT 19722 COUNTY ROAD 4130, IN LINDALE, TEXAS. AND, WE HAVE A, DEVELOPMENT COOPERATION AGREEMENT WITH GREEN BRICK. THE SINGLE FAMILY OWNER, FOR US TO SHARE THE COST OF BUILDING A WOOD FENCE. AND THEY ACTUALLY CONSTRUCTED THE STONE RETAINING WALL THAT'S THERE NOW, AND THEY CORED THE TOP OF THAT WALL WHEN THEY CONSTRUCTED IT TO RECEIVE A FENCE ALONG THE TOP OF IT. IT'S CONSTRUCTED ON THEIR PROPERTY. SO I'M EITHER GOT I'VE EITHER HAVE TO BUILD A FENCE ON MY PROPERTY, NEXT TO THE WALL WHERE IT DOESN'T, IN FRONT OF THE WALL WHERE IT DOESN'T SEEM TO MAKE SENSE. OR IF I HAVE TO BUILD A MASONRY FENCE, I'M GOING TO HAVE TO GO TO THE TOP SIDE. I GUESS, AND SET IT BACK FROM THE TOP OF THEIR WALL INTO THE SINGLE FAMILY LOTS, 2 OR 3FT, SO I CAN BUILD MY FOOTING. BUT TO ANSWER YOUR QUESTION, WE HAVE A DEVELOPMENT COOPERATION AGREEMENT WITH THEM TO CONSTRUCT A WALL WHERE WE OUR FENCE. I'M SORRY. WE HAVE TO CONSTRUCT THE FENCE, WE SHARE THE WE SHARE IN THE COST OF THAT FENCE THAT THAT AGREEMENT DOES NOT ADDRESS, PER SE, THE MAINTENANCE OF THAT FENCE, BUT IT GETS TRICKY. I THINK IT I THINK IT REALLY IS GOING TO DEPEND ON. IS IT ON OUR PROPERTY OR IS IT ON THE PROPERTY LINE? IF IT'S ON THE PROPERTY LINE, I THINK WE HAVE A JOINT RESPONSIBILITY TO MAINTAIN THAT FENCE. IF IT'S ON MY SIDE, YOU KNOW, I THINK THAT MAINTENANCE IS GOING TO FALL TO ME. SO I HAVE A QUESTION. HOW DO YOU ACCOMMODATE THE SLOPE OF THAT RETAINING WALL GOING FROM WHATEVER HEIGHT IT IS AT ITS MAXIMUM HEIGHT TO ZERO? HOW DO YOU HOW DO YOU HOW DO YOU ACCOMMODATE THAT SECTION? AS I BUILD, AS I BUILD A FENCE ON TOP OF IT, WELL, THE TOP OF THAT WALL IS LEVEL. IT'S THE GROUND THAT IS SLOPING THE GROUND IN FRONT OF THAT, THAT ON MY SIDE OF THAT RETAINING WALL THAT'S SLOPING UPWARD AS WE GO FROM WEST TO EAST. BUT THE TOP OF THAT WALL IS LEVEL. SO IT WON'T BE. IT'S NOT A PROBLEM TO BUILD A WALL ON TOP OF, WELL, THE RESIDENTIAL, HOMES. IT WOULD BE. IT WOULD LOOK LEVEL IS WHAT YOU'RE SAYING. YES, YES, IT IS LEVEL ON THE IT'D BE SLOPING ON THE OTHER SIDE THAT SLOPES. YEAH. THE GROUND SLOPES ON MY SIDE. OKAY THE SINGLE FAMILY LOTS ARE MORE OR LESS LEVEL IN THE TOP OF THE WALL. THAT'S MORE OR LESS LEVEL. AS YOU CAN SEE. I MEAN, I THINK THAT'S A PRETTY GOOD SHOT OF IT THERE. YEAH. ON THE RIGHT SIDE OF THE SCREEN, I HAVE A QUESTION. DOES THE DOES THE WALL RETAINING WALL START RIGHT WHERE THE RED AND BLUE LINE MEET EACH OTHER. NO. AT THAT CORNER. WELL NO, NOT AT THE FIRE STATION. YES. THEY MEET RIGHT. SO ON THIS DIAGRAM THAT SHOWS THE PROPOSAL, THE RETAINING WALL MEETS RIGHT THERE. YEAH. AND THAT'S RIGHT ON THE PROPERTY LINES BETWEEN THE SINGLE FAMILY. THE FIRE STATION AND THEN OURS THAT IS PERPENDICULAR TO IT. AND SO THIS JUST GOES INTO SHOW THE ADJACENCIES OF SOME OF THE OTHER SCREEN WALL MATERIAL OR FENCE MATERIAL. SO THE SINGLE FAMILY UNITS WOULD HAVE WOOD FENCE IN THEIR BACK ONE. AND THEN OUR PROPOSAL IS TO BUILD THE WOOD FENCE ON TOP OF THE RETAINING WALL THAT IT'S BEEN CORED TO.

COULD YOU BUILD A MASONRY WALL ON TOP OF THE. YOU CAN'T THE FOOTING REQUIREMENTS, AND THE WEIGHT OF IT IS SO MUCH DIFFERENT THAN THE WOOD FENCE THAT THAT RETAINING WALL WASN'T DESIGNED FOR THE MASONRY TO SIT ON TOP OF IT. IT WAS DESIGNED FOR THE WOOD FENCE. I THINK IF THERE WAS A DESIRE BY THE CITY TO PURSUE THE MASONRY WALL ON TOP OF THE RETAINING WALL, WHAT

[00:20:02]

WOULD THAT BE ON Y'ALL. YES. OKAY. AND YOU SAID YOU HAD AN AGREEMENT, WITH THE DEVELOPER, IS THIS SHORT TERM LONG TERM AGREEMENT? IT REALLY ONLY ADDRESSES THE CONSTRUCTION OF THE FENCE. IT'S REALLY A SHORT TERM AGREEMENT. AND IT'S NOT JUST THE FENCE. WE'VE GOT SOME SEWER LINES THAT WE SHARED IN THE COST OF SANITARY SEWER LINES, STORM SEWER LINES THAT WE SHARED THE COST WITH GREEN BRICK. BUT, IT'S REALLY ALL ABOUT THE INITIAL CONSTRUCTION.

IS THIS A BUILD TO RENT COMMUNITY? IT IS. SO IT SOUNDS LIKE THE, I ASKED THIS QUESTION BEFORE IS THE ISSUE LONGEVITY OF THE FENCE? THE ANSWER WAS YES, RIGHT FROM STAFF'S PERSPECTIVE.

FOR WOOD FENCE. YES, THAT IS CORRECT. SO IS IT POSSIBLE? I MEAN, I THINK EVERYBODY CAN SEE THAT THE DESIRE TO NOT HAVE TWO FENCES, RIGHT? I MEAN, SO IS THERE ANOTHER MATERIAL THAT CAN BE USED THAT WORK FOR YOU? I DON'T KNOW THE WEIGHT DIFFERENCES. SO I THINK ONE OF THE THINGS I FEEL LIKE I'VE HEARD FROM THE APPLICANT IS INSTALLING A MASONRY SCREENING WALL ON TOP OF THE RETAINING WALL, ENCROACHES TOO FAR INTO THE ADJACENT SINGLE FAMILY LOTS

[00:25:03]

AND HOW WOULD THAT WOULD LOOK? A LITTLE MORE NATURAL TRANSITION WISE. YEP JENNIFER, COULD I ASK YOU A QUESTION? HAS THE REQUEST FOR WHAT THEY'VE NARROWED IT DOWN TO BEEN FINALLY SUBMITTED TO? IF WE APPROVE IT, WE'RE ONLY APPROVING THIS PURPLE AREA. CAN YOU REPHRASE YOUR QUESTION TO MAKE SURE I FULLY UNDERSTAND IT? SOUTHERN APPLICATION OF THE VARIANCE ACCURATE. NOW FOR WHAT THIS REFLECTS. YES. AND SO WHAT I WOULD SAY IS, IF YOU MAKE THE MOTION JUST TO CLARIFY, IS ALONG THAT SOUTHERN THE UPDATED REQUEST FOR THE SOUTHERN PORTION ONLY, SO THAT THERE'S CLARITY ON THE RECORD THAT, THAT EASTERN BOUNDARY WOULD STILL HAVE THE REQUIRED SCREENING DEVICE. YES ANYTHING ELSE? SO THE APPLICANT. THANK YOU. THANK YOU ALL. WE MAY CALL YOU BACK UP IN A MINUTE, SO NO PROBLEM. THANK YOU. THIS IS THIS IS THE PUBLIC HEARING ITEM. IF YOU COME TONIGHT AND YOU WOULD LIKE TO ADDRESS PLANNING AND ZONING ON THIS PROPOSED VARIANCE TO A SITE PLAN, PLEASE COME TO THE PODIUM. I SHOULD LEAVE MY PHONE IN MY POCKET. ALL RIGHT. WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING. MAKE A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY MR. LEBEAU TO CLOSE THE PUBLIC HEARING. SECOND BY MR. WHATLEY. IS THERE ANY DISCUSSION? PLEASE CAST YOUR VOTE. CLOSE. THE, MOTION CARRIES. THE PUBLIC HEARING HAS BEEN CLOSED, NOW, DO WE HAVE ANY DISCUSSION ON THE ITEM? I GUESS I'LL JUST SAY THAT I'M STUCK ON THE MATERIAL QUESTION, AND I UNDERSTAND THE OBJECTION. GIVEN PARTICULARLY GIVEN THE DIFFERENCES IN OWNERSHIP. AND WITHOUT TRYING TO SIT HERE AND ENGINEER IT MYSELF, I JUST ASK

[00:30:10]

YEAH YEAH. I THINK THE CHALLENGE WITH OTHER MATERIALS BECAUSE IF YOU GO TO A WROUGHT IRON OR ANYTHING, YOU KNOW, VISIBILITY FROM BACKYARD INTO THE BUILT FOR RENT PRODUCT. CREATES OTHER CHALLENGES. AND IF THE WEIGHT OF A SCREEN WALL IS TOO HEAVY TO SUPPORT OR RETAIN, THE RETAINING WALL CAN'T SUPPORT THAT. I KNOW THAT VINYL OR OTHER OPTIONS SUCH AS THAT ARE A BETTER OPTION. TO ME. IT'S MORE THE MAINTENANCE OF IT. YOU KNOW, IF THE MAINTENANCE IS BETWEEN THE HOA AND AVANTA AND I KNOW IT'S GOING TO BE MAINTAINED AND IT'S BETWEEN THE TWO OF THEM AND NOT ON THE HOMEOWNER, I GUESS THAT MAKES ME FEEL A LITTLE BIT MORE COMFORTABLE WITH IT, KNOWING THAT IT WILL BE ADDRESSED IF THERE'S AN ISSUE IN THE CITY CALLS, AS OPPOSED TO EACH INDIVIDUAL HOMEOWNER ALONG THAT ENTIRE STRETCH. SO. SO THERE WOULD BE NO CONTINUITY BETWEEN THEM. IF IT WAS AN INDIVIDUAL HOMEOWNER, IT WOULD END UP BEING, YEAH, IT COULD BE A HODGEPODGE OR CALL THE HOA OR CALL AVANTA AND SAY, HEY, GO TAKE CARE OF THIS, AS OPPOSED TO WHAT IS IT? 12, TEN, 12 HOMEOWNERS. ANYONE ELSE? MOTIONS MAKE A MOTION TO DENY. WE HAVE A MOTION BY MR. TAYLOR TO DENY THE REQUEST FOR THE APPLICANT. SECONDED BY MR. BUCKNER. SIR.

ANY DISCUSSION MOTION IS TO DENY THE APPLICANT'S REQUEST. PLEASE CAST YOUR VOTE.

BUT THE MOTION CARRIES THE ITEM HAS BEEN DENIED. MISS ARNOLD OR KATE, CAN YOU GET WITH THE APPLICANT AND TELL THEM THEIR NEXT THEIR OTHER OPTIONS? OKAY OKAY. THE NEXT ITEM IS 24-0001

[Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request to Allow for Independent Living (Elevated Independent Living), Located on the North Side of Silverado Trail and Approximately 1,300 Feet East of South Custer Road]

ELEVATED INDEPENDENT LIVING. THIS IS ON THE NORTH SIDE OF SILVERADO TRAIL, 1300 FEET EAST OF SOUTH CUSTER ROAD. RV GOOD EVENING, COMMISSIONERS. ARACELI BOTELHO, PLANNER FOR THE CITY OF MCKINNEY, WHAT? WE'RE TRYING TO GET OUR EXHIBIT UP HERE, THE REQUEST BEFORE YOU IS FOR A SPECIFIC USE PERMIT FOR AN INDEPENDENT LIVING ON THE PROPERTY. AS MENTIONED, LOCATED OFF OF NORTH SIDE OF SILVERADO. NOTED HERE ON OUR AERIAL EXHIBIT. AND APPROXIMATELY 1300FT, WEST OR. EXCUSE ME, EAST OF SOUTH CUSTER ROAD. THE ZONING OF THE OF THE SUBJECT PROPERTY OF C2, LOCAL COMMERCIAL, REQUIRES THAT A SPECIFIC USE PERMIT BE GRANTED IN ORDER FOR THE INDEPENDENT LIVING TO OPERATE ON THE PROPERTY. THE REQUEST COMPLIES WITH THE SONY AND SITE SPECIFIC SPECIFICATIONS, AND SHOULD COMPLEMENT THE EXISTING DEVELOPMENT AND DIVERSE RESIDENTIAL USES IN THE AREA. STAFF HAS NOT RECEIVED ANY LETTERS OF SUPPORT OR OPPOSITION TO THE REQUEST, AND AS AND AS SUCH, STAFF RECOMMENDS APPROVAL OF THE REQUEST AND I STAND FOR ANY QUESTIONS. ARE THERE QUESTIONS ANYONE OR THANK YOU.

APPRECIATE IT. SIR. IS OUR APPLICANT HERE TONIGHT? YES, SIR. VERY GOOD. OKAY. THAT'S THE ONLY THING THAT I HAVE. THANKS HI. BRIAN UMBERGER WITH TEXAS DEVELOPMENT SERVICES, 4888 PECAN PLACE DRIVE IN MCKINNEY. SORT OF. IT'S NORTH OF TOWN, I'M HERE IN SUPPORT OF THIS PROJECT, WE'VE PUT TOGETHER AND DONE QUITE A FEW STUDIES WITH THIS, AND, FINALLY CAME UP WITH A LAYOUT. I THINK THAT EVERYBODY CAN BE HAPPY WITH. AND, THERE'S ANY QUESTIONS? I'D BE GLAD TO ANSWER THEM. THERE ARE QUESTIONS OF THE APPLICANT. ANYONE? I HAVE A QUESTION ABOUT, IN YOUR LETTER OF INTENT, IT THE LAST PARAGRAPH TALKS ABOUT THE SCREENING REQUIREMENTS. YES. AND YOU TALK ABOUT THE YOUR REQUESTING A DESIGN EXCEPTION TO PLANT SHRUBS AND SIX FOOT LIVING SCREEN. YES, AS YOU CAN SEE, I'M NOT SURE HOW YOU POINT OUT HERE, BUT WHERE WE HAVE THE LITTLE SHRUBS AND

[00:35:01]

CYAN LINE. THAT WOULD ALL BE LIVING SCREEN THAT WE PUT ALONG THERE. THE OWNER OF THIS PROPERTY ACTUALLY OWNS THE LOT NEXT DOOR, WHICH IS MEMORY CARE AND ASSISTED LIVING AND A MEDICAL OFFICE. AND SO THE INTENT IS TO, YOU KNOW, MARKET THE PEOPLE THAT HAVE PEOPLE LIVING THERE TO HAVE THE INDEPENDENT LIVING, TO BE CLOSE. AND THEN, THE DESIGN EXCEPTION IS TO PUT LIVING SCREEN THERE. AND THEN WHAT WE PROPOSED IS WHERE WE'RE ADJACENT TO THE FLOODPLAIN AND ROWLETT CREEK. THERE'S ALSO GOING TO BE A LINEAR PARK THERE THAT THE CITY'S GOING TO ACTUALLY PUT IN, PUT A TRAIL IN THERE, AND WE'VE GOT A RETAINING WALL BECAUSE THERE'S GOING TO BE A DIFFERENCE IN GRADE. RIGHT HERE IS A BOX CULVERT EXTENSION THAT WE'RE GOING TO DO. AND RIGHT AT THE END OF THAT, IT'LL PROBABLY BE ABOUT EIGHT FEET TALL. SO AND THEN OF COURSE ROWLETT CREEK, YOU ACTUALLY CAN'T SEE WHERE THE CENTER LINE OF THE CREEK IS ON HERE. IT WAS MORE ON THE AERIAL. CAN WE ZOOM IN ON THAT? OOPS, THAT DID ANNOTATION. SO ROWLETT CREEK IS HERE. YEAH. THERE YOU GO. SO AND THEN THERE'S QUALITY TREES OUT THERE IN THE IN THE TRAIL IS GOING TO GO THROUGH THERE, AND WE DIDN'T WANT TO BLOCK THE VIEW FOR THE RESIDENCES. SO WE'RE GOING TO PUT SHRUBS ALL ALONG THAT LANDSCAPE SETBACK. AND BEHIND US IS A MULTIFAMILY ALSO. ANYONE ELSE OTHER QUESTIONS? I WANT TO STAFF OKAY. SO THIS IS A DESIGN EXCEPTION. WHAT WHAT IS THE RULE THAT. SO THE REQUEST FOR THIS ONE GIVEN THAT IT REQUIRES SCREENING ALONG THESE AREAS. BUT BECAUSE THERE IS FLOODPLAIN THEY CAN HAVE AN EXCEPTION TO NOT PROVIDE ANY TYPE OF SCREENING. SO GIVING THAT PARKS AND SPEAKING WITH PARKS AND ENGINEERING, THERE IS FLOODPLAIN AROUND THIS AREA. AND THIS IS GOING TO BE TRAILS. THEY ALSO WANTED TO SEE MORE LIVING PLANT MATERIAL RATHER THAN FENCING AROUND THOSE PERIMETERS. THE ONLY AREA THAT THEY WOULD REALLY, TRULY NEED, SCREENING WOULD BE FROM HERE. LET ME CLEAR THIS OUT FOR YOU GUYS. SO THEY WOULD ONLY NEED SCREENING ALONG THIS AREA, BUT GIVEN THAT THERE IS A DRIVE AISLE HERE, THERE'S FLOODPLAIN HERE, THE ALTERNATIVE SCREENING IS JUST TO KIND OF KEEP A CONSISTENCY AROUND THE PERIMETER ALONG THESE AREAS AND TO BE COHESIVE WITH WHAT'S ALREADY SURROUNDING THE NATURAL AREAS. SO THE EXCEPTION IS LIMITED TO JUST THAT NORTHWEST CORNER REALLY RIGHT HERE. YEAH GIVEN THAT THERE'S A STAFF APPROVAL. CORRECT. YES. AND GIVEN THAT THERE'S FLOODPLAIN AROUND HERE AND SAY AGAIN WHAT EXACTLY WOULD BE REQUIRED THERE IF IT WASN'T ACCEPTED? SO, SIX FOOT FENCING AROUND THE PERIMETER, BUT GIVEN AGAIN, TO CLARIFY, THERE'S A DRIVE AISLE HERE. THERE'S FLOODPLAIN HERE, AND THERE'S NATURAL TREES IN THOSE AREAS. SO THEY WOULD BE EXEMPT FROM REQUIRING SCREENING. BUT AS AN ALTERNATIVE SCREENING IN ORDER TO COMPLY, THEY'RE PROVIDING SCREENING ALL AROUND THE PERIMETERS HERE. SO A LIVING SCREEN IS PERMITTED AS A SUBSTITUTE. CORRECT. THAT WHAT WE LOOKED AT LAST TIME. THAT'S CORRECT. BECAUSE OF THE ADJACENCY TO THE FLOODPLAIN. YEAH YEAH THAT WAS OUR TRAINING SESSION. YES. GOOD MEMORY. SOMETIMES SO WHAT WOULD BE IN BETWEEN THIS TWO PROPERTIES ON THE ON THE WEST SIDE OF THE NEW PROPERTY. SO HERE IS AN ASSISTED LIVING FACILITY RIGHT HERE. YOU HAVE MULTIFAMILY. HERE'S THE ROWLETT CREEK. AND THEN SINGLE FAMILY IS ALL THE WAY OUT HERE.

AND THERE WOULD BE GRASS. AND THAT'S WHAT I'M ASKING ON JUST ON THE WEST SIDE OF THE NEW DEVELOPMENT. AND ACTUALLY THE OWNER WOULD REALLY LIKE TO TIE THE TWO TOGETHER SO THAT THEY COULD BOTH SHARE THAT AMENITY. OKAY I UNDERSTAND. THANK YOU. SO THIS WOULD JUST REMAIN AS NATURAL SETTING. THIS IS ACTUALLY IN THE PROCESS OF POTENTIALLY BECOMING A PARK. SO WE WOULD JUST BE EXTENDING TRAILS BASED ON THE INFORMATION THAT I WAS PROVIDED BY THE PARKS DEPARTMENT ON THE WEST SIDE BETWEEN I'M SO SORRY IS A SPRINKLER REQUIRED FOR THE LIVING WALL? YES. ANY LIVING PLANT MATERIAL WILL REQUIRE IRRIGATION. THANK YOU. ON THE WEST SIDE OF THE BUILDING, BETWEEN THE EXISTING USE AND THE PROPOSED USE, THOUGH, THERE'S A DRIVE AISLE AND PARKING TO CLARIFY RIGHT HERE. A DRIVE AISLE AND PARKING ON THE WEST

[00:40:01]

[Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “BG” - General Business District to “I1” - Light Industrial District, Located at 1443 North Church Street]

ANYONE ELSE OTHER QUESTIONS? THANK YOU. CAMERON IS OUR APPLICANT HERE TONIGHT? YES, SIR . THANK YOU. COMMISSIONERS. I'M MATT ABERNATHY, 7014 COUNTY ROAD 134, SALINA, TEXAS. BUT I WAS

[00:45:03]

IS THAT RIGHT? THAT'S WHY YOU'RE REQUESTING THE ZONING. WE'VE HAD A HARD TIME. IT'S THE. THE BUILDINGS ARE 4000 SQUARE FOOT BUILDING, AND, IT WAS BUILT ORIGINALLY. IT HAS A DOG HIGH IN THE BACK, AND IT HAS THREE OVERHEAD DOORS IN THE FRONT PART IS, OFFICE AND HAS A HANDICAPPED RESTROOM AND A SHOWER. AND, TO CONFORM WITH THE NEW CITY ZONES, THE WAY MY PARKING AND THIS, THAT AND THE OTHER JUST DON'T CONFORM WITH WHAT WE BUILT IT FOR IN 96. ANYONE ELSE? MR. ABERNATHY, WE APPRECIATE YOU BEING HERE. THANK YOU. THANK YOU FOR YOUR TIME. THIS IS A PUBLIC HEARING. IS THERE ANYONE, ANYONE HERE TONIGHT THAT WOULD LIKE TO ADDRESS PLANNING AND ZONING REGARDING THIS PROPOSED, REZONE. ALL RIGHT. MOTIONS MORE QUESTIONS. I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE, 0049Z, A MOTION BY MR. LOBO TO CLOSE THE PUBLIC HEARING AND APPROVE THE ITEM AS PER STAFF RECOMMENDATION. SECOND, SECOND BY MR. TAYLOR, IS THERE ANY DISCUSSION? PLEASE CAST YOUR VOTES. AT THIS MOTION CARRIES, THE ITEM WILL BE SENT TO THE CITY COUNCIL WITH A FAVORABLE RECOMMENDATION AT THE JULY 16, 2024 CITY COUNCIL MEETING. THANK YOU SIR. THANK YOU. THAT CONCLUDES OUR PUBLIC HEARING ITEMS TONIGHT. WE DO HAVE ANOTHER OPPORTUNITY FOR THE PUBLIC TO SPEAK, BEFORE PLANNING AND ZONING ON ANY ITEM THAT IS NOT ON THE AGENDA. SO IF YOU'RE HERE TONIGHT AND WOULD LIKE TO ADDRESS PLANNING AND ZONING ON A

[COMMISSION AND STAFF COMMENTS]

SECOND, MR. CONRAD. SECOND, PLEASE CAST YOUR VOTES. ALL RIGHT. IT IS 6:49 P.M. THE MOTION CARRIES. WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.