Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “C” - Planned Center District to “PD” - Planned Development District, Generally to Allow for Industrial Uses, Located on the Southwest Corner of McKinney Ranch Parkway and South Hardin Boulevard, and Accompanying Ordinance

[Consider/Discuss/Act on the First Amendment to Chapter 380, Grant, and Development Agreement by and among City of McKinney, Texas, McKinney Economic Development Corporation, McKinney Community Development Corporation, and VENU Holding Corporation, successor-by-name-change to Notes Live, Inc.]

SOMEBODY HERE FROM THE VENUE OR FROM VENUE. ITEM 242107 THAT I BELIEVE MAY HAVE TO TRY TO CATCH A FLIGHT TONIGHT. SO I'M GOING TO PULL THAT TO THE FRONT OF OUR REGULAR AGENDA. THAT IS CONSIDER, DISCUSS, ACT ON THE FIRST AMENDMENT TO CHAPTER 380 GRANT AND DEVELOPMENT AGREEMENT BY AND AMONG CITY OF MCKINNEY, TEXAS MCKINNEY ECONOMIC DEVELOPMENT CORPORATION, MCKINNEY COMMUNITY DEVELOPMENT CORPORATION, AND VENUE HOLDING CORPORATION, SUCCESSOR BY NAME CHANGE TO NOTES. LIVE, INC. MR. MARKOWSKI, GOOD EVENING. MICHAEL KOSKI, PRESIDENT OF MCKINNEY ECONOMIC DEVELOPMENT CORPORATIO. WE ARE BUILDING AN AMPHITHEATER TOGETHER, STILL ON PACE TO OPEN UP IN 2026. THESE ARE IMAGES THE PUBLIC HAS SEEN AND GROWN TO LOVE OVER THE PAST MONTHS TO RESET WHERE WE'RE LOOKING TO PLACE THIS AMPHITHEATER IN PARTNERSHIP WITH VENUE, THE BLUE AREA REPRESENTS THE SITE LOCATION KIND OF TUCKED INTO 121 AND 399. THE RED STAR IS THE SHERATON HOTEL FOR THOSE WATCHING FROM THE AUDIENCE AT HOME, HERE IS A DRAFT SITE PLAN THAT WE'VE BEEN WORKING OFF OF. THE BROWNISH COLOR IS THE AMPHITHEATER BOWL, WITH THE PURPLE BEING PARKING AND THE SUPPORT STRUCTURES AROUND IT. SO A QUICK OVERVIEW. WE, THE CITY COUNCIL, APPROVED THIS PROJECT IN APRIL. SINCE THEN, THEY'VE CHANGED THEIR NAME FROM NOTES LIVE TO VENUE. SO WE'LL SEE. VENUE GOING FORWARD. THEY HAVE BEEN REFINING THE SITE PLAN WITH GREAT ENERGY AND THAT WILL COME TO CITY COUNCIL IN NOVEMBER FOR FINAL CONSIDERATION. TONIGHT WE ARE LOOKING AT AN AMENDMENT TO THE AGREEMENT. I WILL NOTE THAT THE MEDC AND THE MCDC HAVE APPROVED THESE AMENDMENTS ON THE CONDITION OF CITY COUNCIL FINAL REVIEW AND APPROVAL TONIGHT.

THESE ARE SOME WORKING DOCUMENTS THAT REPRESENT, AGAIN, THE EFFORT BEING PUT INTO THIS PROJECT. ON THE LEFT ARE ELEVATIONS THAT ARE BEING FORMED AND THE RIGHT HAND SIDE IS A MORE DETAILED SITE PLAN THAT'S STILL BEING FLESHED OUT. AND I'LL COME BACK TO THAT IN A MOMENT. THE AMENDMENTS UNDER CONSIDERATION TODAY TOUCH ON THESE FOUR MAIN POINTS. AND MR. HAUSER AND I CAN ANSWER QUESTIONS IN MORE DETAIL AS NEEDED. BASICALLY, WE ARE AMENDING SOME LANGUAGE SPECIFIC TO HOW VENUE IS PURCHASING THE PROPERTY FROM US. WE ARE ALLOWING FOR ADDITIONAL OPERATORS TO BE CONSIDERED WITH THE VENUE AMPHITHEATER. WE ARE ENCOURAGED TO HEAR, TO SHARE THAT WE'RE GETTING SOME SITE PLAN AMENDMENTS SUCH AS AN EIGHT FOOT WALL SCREEN WALL IN THE BACK OF THE AMPHITHEATER, WHICH IS ABOVE AND BEYOND CODE. THAT'S A MASONRY WALL. CORRECT. AND THEN, OF COURSE, YOU KNOW, WE HAD SOME DETAILS FROM THE TRAFFIC STUDY, SOME OFF SITE IMPROVEMENTS ARE REQUIRED. AND THIS LANGUAGE HERE SPECIFIES HOW IT WILL HELP ASSIST THOSE IMPROVEMENTS COME TO LIGHT. SO WITH THAT WE WILL STAND FOR ANY QUESTIONS ANY QUESTIONS FOR MIKE OR MR. HAUSER. KNOW THAT BOB MUD IS HERE AND I KNOW THAT THERE'S A QUESTION OR TWO FOR BOB, BUT IS THERE ANY QUESTION FOR MIKE OR MARK? OKAY, I DID WANT TO, IF I MIGHT, I DID WANT TO THANK MR. MUD AND HIS TEAM FOR WORKING WITH US ALMOST DAILY. IT'S A VERY COMPLEX PROJECT. AND TO DOVETAIL ON MR. KOSKI, THE SITE PLAN ITSELF WILL BE IN FRONT OF THIS COUNCIL ON THE 5TH OF NOVEMBER, WHICH THEN HOPEFULLY SHORTLY THEREAFTER, KICK OFF THE BUILDING PROCESS OF THIS, THIS, THIS COMPLEX. BOB, ARE YOU ABLE TO COME UP AND AS YOU'RE WALKING UP, I JUST WANT TO SAY PUBLICLY, YOU KNOW, ALL OF US ARE FAMILIAR WITH THE NEGOTIATIONS AND THE BACK AND FORTH AND, AND REALLY APPRECIATE SOME OF THE THINGS THAT THAT YOU GUYS ARE DOING

[00:20:04]

ABOVE AND BEYOND WHAT'S REQUIRED BY OUR CODES AND ORDINANCES ON THAT ENCLOSING THE BACK OF STAGE, THE SCREEN WALL WIDENING ALL THE SIDEWALKS, MAKING THEM DOING A NUMBER OF THINGS THAT WILL IMPROVE THIS SITE, THAT ARE ABOVE AND BEYOND WHAT IS REQUIRED AND REALLY APPRECIATE THAT. I WANT TO ASK YOU ABOUT SOMETHING, AND I HOPE I'M NOT GOING TO CATCH YOU OFF GUARD HERE, BUT THERE HAS BEEN A LOT OF DISCUSSION ABOUT SOUND AND OF COURSE, THAT IS ONE OF THE THINGS THAT CERTAINLY WE'VE HEARD FROM, FROM THE PUBLIC ALWAYS GOING TO BE CONCERNED.

AND THEN SPECIFICALLY, I HEARD SOMETHING THIS EVENING THAT I HAD NOT HEARD THAT THERE'S BEEN THERE'S SOME ISSUES UP IN COLORADO SPRINGS AND SPECIFICALLY THAT THE SOUND AND NOISE BEING TRANSMITTED OR RECORDED OFF SITE IS OUTSIDE WHAT WAS ALLOWED. CAN YOU RESPOND TO THAT? CERTAINLY. I DON'T MEAN TO PUT YOU ON SUCH A SPOT, BUT NO, I APPRECIATE THE OPPORTUNITY. THANK YOU. MAYOR, THANK YOU. COUNCIL, WE HAVE VERY SPECIFIC REQUIREMENTS WITH THE CITY OF COLORADO SPRINGS AND OUR LAND USE DEVELOPMENT THAT WAS APPROVED THERE. THOSE MEASUREMENTS RELIED UPON A SOUND STUDY THAT'S VERY SIMILAR TO THE SOUND STUDY THAT WE DID HERE.

AND IT IS MEASURED AT THE FRONT OF HOUSE, WHICH IS WHERE WE HAVE COMPLETE CONTROL OVER THE EMANATION OF SOUND. AND THERE ARE THREE CRITERIA THAT WE ARE HELD TO 105 DBA LEK, WHICH IS THE AVERAGE 110 MAXIMUM, WHICH IS THE PEAK. AND THEN THERE'S ANOTHER THAT REGISTERS LOWER DECIBEL SOUNDS. THE CITY HAS COME OUT AND SAID, WE ARE 100% COMPLIANT WITH ALL OF THOSE IN ADDITION TO THAT, WE HAVE PLACED VERY PARTICULARLY TUNED SOUND MONITORS THAT ARE FED REAL TIME INTO OUR FRONT OF HOUSE AT EACH OF THE RESIDENTIAL AREAS ADJACENT TO THE TO THE LOCATION AND THE SOUND STUDY HAS HAS SAID THAT THOSE READINGS AND ANTICIPATED IMPACT IN THOSE AREAS HAVE BEEN CONSISTENT WITH THE SOUND STUDY, THAT BEING SAID, THERE WERE A I CALL IT, A FLURRY OF COMPLAINTS. OUR OBLIGATION WITH THE CITY OF COLORADO SPRINGS WAS AN ANNUAL REPORT OF OUR SOUND FINDINGS. WE DID TWO THINGS. ONE, WE INVITED BOTH THEM AND A THIRD PARTY TO COME IN AND VALIDATE THE SOUND, THE ACTUAL SOUND THAT WAS BEING EMANATED, NUMBER ONE AND NUMBER TWO, WE BEGAN TO RELEASE AFTER EACH SHOW TO THE PUBLIC. THE ACTUAL THE ACTUAL READINGS. BUT BEYOND THAT, WE TOOK IT A STEP FURTHER. BEING IN COMPLETE COMPLIANCE, BOTH IN THE NATURE OF HOW WE'VE CONSTRUCTED THE FACILITY AND HOW WE OPERATE IT. WE ARE NOT REQUIRED TO MAKE ANY CHANGES, BUT WE DID NOT STOP THERE. AS A MATTER OF FACT, SATURDAY A WEEK AGO, WE HELD AN OPEN HOUSE THAT WAS PRODUCED TO ALL THE COMMUNITY TO COME IN, LET THEM KNOW WHAT WE'VE UNDERSTOOD. THEIR FEEDBACK TO BE ON ALL ASPECTS FROM TRAFFIC TO SOUND AND EVERYTHING IN BETWEEN.

AND WE GAVE A PRESENTATION ON THINGS THAT WE ARE DOING TO IMPROVE BOTH THE EXPERIENCE FOR OUR THE FOLKS THAT ARE COMING TO THE FACILITY. BUT ALSO THE EXPERIENCE OF THE NEIGHBORS. AND YOU CAN BE AN EASY TRIP AROUND GOOGLE TO SEE THE FEEDBACK FROM THOSE SESSIONS. AND SO WE'RE COMMITTED TO BE GOOD NEIGHBORS. WE ARE GOING TO BE COMMITTED TO THE REQUIREMENTS THAT WE HAVE SIGNED UP FOR WITH THE CITY OF MCKINNEY OR ANY OTHER CITY, BUT OUR NEIGHBORLY APPROACH GOES WELL BEYOND THAT. IF THERE ARE CONCERNS, WE ARE NOT GOING TO SHY AWAY FROM THEM AND GET DEFENSIVE. THAT IS MANIFEST BY BY OUR ACTIONS, AND WE'RE GOING TO BE GREAT NEIGHBORS HERE. A COUPLE OF THINGS THAT MAY OR MAY NOT RESONATE IN THE WAY THAT YOU WOULD READ IT. THERE'S SOME IMPROVEMENTS THAT WE HAVE COMMITTED TO THAT ARE ABOVE CITY CITY CODE THAT WILL ALSO HAVE A MATERIAL IMPACT ON THE SOUND STUDY THAT WE PRESENTED TO YOU TWO IN PARTICULAR AT THIS POINT.

NUMBER ONE IS WE'VE ENCLOSED THE STAGE. SO IN COLORADO SPRINGS, IF YOU GO UP TO THE HIP WALLS OF ABOUT 14FT, THE STAGE IS OPEN ON ALL THREE SIDES. IN MCKINNEY, WE'RE COMPLETELY CLOSING IT IN WHICH WE BELIEVE WILL HAVE A POSITIVE IMPACT. THE SECOND PIECE IS, IS THAT BASED ON HOW THE SITE PLAN AND SOME, SOME, SOME PIECES WITH SOME UTILITY EASEMENTS, WE'RE HAVING TO GO FROM TWO PEDESTALS IN SOME AREAS TO THREE. SO WE ARE LOCATING THAT THIRD PEDESTAL ON THE EAST SIDE OF THE SITE, WHICH WOULD INCLUDE THE SOUND ATTENUATION WALL. SO WHAT WAS ORIGINALLY CONTEMPLATED TO BE A TWO STORY WALL, WHICH WOULD BE TOWARDS THE APARTMENT COMPLEX TO THE EAST, IS IN FACT GOING TO BE THREE STORIES HIGH NOW. SO WE FEEL LIKE OUR DESIGN IS GOING TO FURTHER MITIGATE ANYTHING THAT WOULD HAPPEN THERE. BUT THE CITY OF COLORADO SPRINGS HAD A THIRD PARTY ASSESSED. THEY'VE BEEN AT EVERY SHOW, WE'VE GRANTED THEM ACCESS, AND THEY HAVE RELEASED THAT. WE ARE IN 100% COMPLIANCE. SO THE SOUND STUDY THAT WAS DONE WAS ACCURATE AND IT WAS ACCURATE. PAINTING OUT TO BE CONFORMING, AS WAS PREDICTED BY THE STUDY. THAT'S CORRECT. I

[00:25:05]

MEAN, I'LL GIVE YOU SOME SOME GENERALITIES TO THAT. THERE'S TWO RESIDENTIAL STREETS, ONE TO THE TO THE NORTH EAST AND THE OTHER TO THE DUE EAST. AND WE HAVE SOUND MONITORS AT BOTH. IT WAS ANTICIPATED THAT OUR SOUND EMANATION WOULD PRODUCE 47 DBA AT THOSE LOCATIONS, WHICH IS BELOW THE BASELINE CITY CODE. THE REALITY IS, IS THAT AT 4:00 IN THE AFTERNOON ON BOTH OF THOSE ROADS, IT'S IN THE 50 TO 62 DBA WITH NO MUSIC HAPPENING AT ALL. AND YOU CAN GO AND SEE THE INFORMATION THAT HAS BEEN RELEASED, BOTH BY THE CITY OF COLORADO SPRINGS AND US. WHEN THE CONCERTS START AT THOSE RESIDENTIAL AREAS, YOU SEE NO MATERIAL IMPACT ON THOSE READINGS THERE. NOW, THAT IS NOT TO ACKNOWLEDGE THAT MUSIC SOUNDS DIFFERENT THAN A MOTORCYCLE OR A TRUCK THAT'S GOING TO GO BY. THAT IS A BASELINE NOISE. SO WE ACKNOWLEDGE THAT THERE IS A DIFFERENCE IN THE WAY THAT THAT SOUND EMANATES. BUT IN TERMS OF ITS OVERALL MEASUREMENT AGAINST THE CITY STANDARDS, IT'S JUST NOT PUSHING THE NEEDLE AT ALL AT THOSE RESIDENTIAL AREAS. BOB IS THERE IS THERE AN ANTICIPATED. SOUND STUDY. BEING THAT THERE'S BEEN A LOT OF MATERIAL CHANGES, ALL THAT, ALL THAT WOULD APPEAR TO BE TO THE BENEFIT OF SOUND MITIGATION. THERE'S NOT A PLAN FOR THAT RIGHT NOW, BUT I WOULD BE WILLING TO COMMIT TO AN ADJUSTMENT TO THE EXISTING SOUND STUDY BECAUSE THESE ARE ENHANCEMENTS TO THAT. I CAN HAVE LST IN ACTUATE THAT WITH THE AGREEMENT ON THE IMPROVEMENTS THAT WE'VE COMMITTED TO IN THIS AMENDMENT. THANK YOU. DOES ANYONE ELSE HAVE QUESTIONS FOR BOB? BOB, WHEN YOU'RE TALKING ABOUT THE READINGS THAT THOSE TWO LOCATIONS, WHAT ARE THEY AT DURING CONCERTS? THEY RANGE BETWEEN 50 AND 56, WHICH IS CONSISTENT WITH THE BASELINE NOISE DURING THE 4 P.M. TO 6 P.M. TIME FRAME DURING THE DAY.

THAT BASELINE NOISE BEING ON AT INTERSECTIONS DURING HIGH TRAFFIC. PRETTY MUCH ANYTIME THE SUN IS UP, YOU WILL SEE THAT RANGE IN THOSE READINGS. IF YOU GO LOOK AT WHAT WE RELEASED, RANGING BETWEEN 50 AND 62 DBA AND WE DON'T SEE ANY DURING CONCERT TIME READINGS ABOVE THE 60 DBA IN THE EVENINGS. YOU SAID THE SOUND STUDY PREDICTED 47. THAT'S CORRECT. BUT WHEN YOU'VE GOT SURROUNDING NOISE THAT STARTS HIGHER THAN THAT BEFORE YOU EVEN TURN ON AMPLIFICATION OF SOUND. RIGHT. BUT YOU SAID DURING WHEN THE SUN IS UP, YOU'RE GOING TO HAVE THAT NOISE BECAUSE YOU'RE GOING TO HAVE AUTOMOBILES ON THE ROAD. BUT AT 9:00, WHEN NOTHING'S GOING ON, YOU WOULDN'T EXPECT IT TO BE 50 TO 60 BASED OFF OF THE TRAFFIC NOISE. YOU WOULD EXPECT THAT TO BE COMING FROM THE PRODUCTION OF NOISE. I DON'T KNOW THAT TO BE TRUE. I MEAN, AS AN EXAMPLE, WE MEASURED HERE AT THE BOUNDARIES OF THE PROPERTY AND WE'RE GETTING IN THE HIGH 60S AS A FUNCTION OF ITS LOCATIONS WITH ONE, 21 AND 75. AND SO TO, TO, TO ISOLATE THAT AND MAKE THAT CONCLUSION. I DON'T, I DON'T KNOW THAT I COULD DO THAT. IT'S NOT MARKEDLY DIFFERENT FROM THE, FROM THE SO ANOTHER SET OF THINGS THAT WE RELEASED IS WE WENT INTO THE NEIGHBORHOODS AND MEASURED AMBIENT NOISE THE NIGHT BEFORE A CONCERT, AND THE ACTUAL NOISE WITH AMPLIFICATION AT THE CONCERT. AND THERE'S NOT A MATERIAL DIFFERENCE BETWEEN THOSE TWO READINGS. AND ONE OF THOSE TWO READINGS. ONE OF THOSE TWO READINGS DEPENDS ON THE LOCATION, BECAUSE IT'S PROXIMITY TO ROAD TRAFFIC, IT'S PROXIMITY TO OUR AMPHITHEATER, BECAUSE WHAT WE DID IS MAPPED EVERYWHERE THAT PEOPLE HAD EXPRESSED CONCERNS AND WENT IN AND SAID, OKAY, ARE THERE THINGS WE CAN DO? ARE THERE AREAS THAT ARE MAYBE COULD BE MORE IMPACTED OR LESS IMPACTED? WINDS, ELEVATION.

AND OUR OBJECTIVE IS TO AND THERE ARE THINGS WE CAN DO. YOU KNOW WE'VE GOT A BRAND NEW FACILITY. WE'VE MADE ASSUMPTIONS BASED UPON A MODEL. AND ONCE YOU HAVE A MODEL, ONCE YOU HAVE AN OPERATING FACILITY, THE NATURE IN WHICH YOU DIRECT THE SPEAKERS, THE NATURE IN WHICH THE BASS AMPLIFICATION OCCURS, WE'VE MADE SIGNIFICANT ADJUSTMENTS WITH READINGS AT EACH SHOW AT THESE LOCATIONS, SO AS TO CONTINUE TO REDUCE THE IMPACT OUTSIDE THE AMPHITHEATER.

WAS THERE A PLAN TO ADD MITIGATION ON THE NORTH SIDE OF THE. BECAUSE OF READINGS THAT EXCEEDED EXPECTATIONS ON THE NORTH SIDE OF THE AMPHITHEATER? THERE'S A CONSIDERATION THERE ARE A NUMBER OF DIFFERENT THINGS THAT CAN BE DONE FROM THE REDIRECTION OF THE SPEAKERS TO THE ADDITION OF SOUND ABSORPTION PANELS AND THE POTENTIAL OF SOME POTENTIAL PHYSICAL BARRIERS. AND THOSE ARE ALL UNDER CONSIDERATION. AND YOU CAN YOU CAN YOU CAN SEE WHAT WE ARE COMMITTING TO AS IT RELATES TO THAT. AND IT REALLY IT COMES DOWN TO SCIENCE. SO WE CAN MAKE RASH DECISIONS ON WHAT WE COULD DO TO MAYBE IMPACT IT. AT THE END OF THE DAY, SCIENCE MATTERS.

SO WE'VE COMMITTED TO HAVE THE RIGHT PEOPLE AT THE TABLE AND CONTINUE TO BE GOOD NEIGHBORS IN COMPLIANCE. BUT EVEN MORE SO, VALUE THE FACT THAT WE WANT TO. WE WANT TO BE A VALUE TO THE TO THE LOCAL COMMUNITY. AND BY DOING THE WORK THAT WE'RE DOING, WE THINK WE THAT'S WHAT WE'LL BE PERCEIVED AS. SO I CAN APPRECIATE THAT. I ALSO, I MEAN, JUST IN LOOKING AT IT, COLORADO

[00:30:05]

SPRINGS CARRIES A DIFFERENT STICK THAN WE DO WITH THEIR HARDSHIP ALLOWANCE THAT WE DON'T HAVE. AND SO IN TERMS OF ADJUSTING AFTER THE FACT, THEY'VE GOT SOME ABILITY TO HOLD YOU TO ACCOUNT VERSUS WE DON'T BECAUSE AS YOU SAID, YOU'RE IN COMPLIANCE WITH EVERYTHING OF THE CITY BECAUSE YOU ONLY MEASURE FRONT OF HOUSE, JUST LIKE THE ONLY REQUIREMENT WE PUT IN THERE. AND WE'VE HAD THAT CONVERSATION AND I DON'T WANT TO RELITIGATE IT, BUT I GUESS WHAT I HAD ASKED WITH THE NEW PROPOSED SITE PLAN, WITH ALL OF THE CHANGED FORM OF THE SITE THAT WE UPDATED THE STUDY SO THAT WE CAN RESET THAT EXPECTATION. BECAUSE IF YOU REMEMBER THE SOUND STUDY WE HAVE WAS BEFORE A ROOF WAS BEFORE A EASTERN WALL WAS BEFORE A ENCLOSING THE STAGE BEFORE ALL OF THOSE THINGS HAPPENED. AND I THINK THERE WAS SOME OTHER ALTERATIONS THAT EXISTED AS WELL. SO THAT WE CAN HAVE AT LEAST SOME BASELINE EXPECTATION OF WHERE OF HOW SOUND WILL EMANATE OFF THIS. AND I THINK, I THINK HE AGREED TO, YOU KNOW, I JUST I WANTED TO CLARIFY THAT, THAT THAT'S, THAT'S OUR THAT'S MY CONCERN WITH THIS IS UNDERSTOOD. I UNDERSTAND THOSE ARE MITIGANTS, BUT THEY ALSO I MEAN, YOU COULD POTENTIALLY BE CREATING AMPLIFICATION IN SOME OF THOSE WAYS WHERE YOU CREATE TUNNELS OF NOISE COMING OUT FROM UNDER THAT ROOF OR SOMETHING LIKE THAT. AND SO JUST ENSURING THAT WHAT WE'VE CHANGED AND WHAT YOU'VE AGREED TO IMPROVE THIS RATHER THAN HARM IT IN SOME WAY, I WILL COMMIT TO ADJUSTING THE STUDY TO REPRESENT THE ROOF. THE INCREASED EASTERN WALL AND THE ENCLOSED STADIUM. AND, YOU KNOW, WE'LL LOOK AT THAT. AND IF THERE ARE THINGS THAT NEED TO BE CONSIDERED AS A RESULT OF THAT, I THINK IT'S ALL GOING TO BE IMPROVEMENT WOULD BE THE ASSUMPTION, BUT WE'LL LET THE SCIENTISTS MAKE THAT DETERMINATION. AND I'LL SUBMIT IT TO THE FOLKS HERE. WE HAD I KIND OF BEEN TALKING WITH CITY STAFF ABOUT THAT LEADING UP TO THE SITE PLAN, BUT THIS HAS, I GUESS, A LITTLE BIT MORE TEETH THAN THE SITE PLAN, SO TO SPEAK, OR THIS CONVERSATION MAY BE MORE IMPACTFUL THAN THE SITE PLAN. SO THAT WAS MY THAT'S THE ALL OF MINE. I APPRECIATE THAT, MR. BELLER. I ALSO HAVE A QUESTION FOR BOB OR APPRECIATE YOU BEING HERE. THANK YOU. MR. PHILLIPS.

THANK YOU BOB. THANK YOU BOB. WITH THAT, ENTERTAIN A MOTION. SO, MR. MAYOR, CAN I MAKE A COMMENT BEFORE JUST ABOUT THE GENERAL DEVELOPMENT AGREEMENT? AND I DON'T KNOW IF MARK WANTS TO ANSWER THIS QUESTION OR IF HE JUST WANTS TO LET ME MAKE IT AS A STATEMENT. BUT THE WAY THE DEVELOPMENT AGREEMENT READS TODAY IS THAT WE WERE TRYING TO AVOID CARRYING ANY CREDIT OR TRANSACTIONAL RISK INTO THIS DEAL. AND BY THAT EXPOSURE DURING A CONSTRUCTION PERIOD, CURRENTLY, THEY HAVE THE OPTION OF EITHER PAYING US CASH FOR THE LAND OR PAYING US A PORTION OF A DOWN PAYMENT, SO TO SPEAK, COUPLED WITH A LETTER OF CREDIT, WHICH IS A PROMISE TO PAY AT SOME AGREED UPON DEFAULT DATE. BUT ULTIMATELY SOMEONE ELSE IS TAKING THAT RISK, NOT NECESSARILY US. AND THAT WAS A WAY TO KIND OF PREVENT WHAT HAS HAPPENED ON THIS SITE BEFORE, WHICH IS THE OLD STONEHENGE TYPE THING WHERE WE ARE A PARTY TO THE CONSTRUCTION DURING THE CONSTRUCTION PERIOD, WHEN THAT CONSTRUCTION PERIOD HAS AN ISSUE THAT GOES SIDEWAYS, WE HAVE TO STAY IN IT. WE HAVE TO GO THROUGH BANKRUPTCY OR WHATEVER ELSE HAPPENED WITH THE DEVELOPERS AT THAT TIME? YES. AND THE WAY WE HAD IT STRUCTURED WAS TO TRY TO AVOID THOSE SITUATIONS WHERE WE'RE GOING NOW IS WE'RE ACCEPTING SOME SORT OF TRANSACTIONAL RISK, AND WE CAN TALK ABOUT, YOU KNOW, HAVE WE MITIGATED THAT PROPERLY? HAVE WE GOT ENOUGH ENHANCEMENTS TO PREVENT SOME SORT OF CREDIT RISK? HAVE WE DONE ALL OF THOSE THINGS? RIGHT. BUT ULTIMATELY WE'VE CROSSED THE THRESHOLD FROM NO TRANSACTIONAL RISK TO TRANSACTIONAL RISK IN THIS.

DURING THE CONSTRUCTION PERIOD, WHICH IS A FAIR STATEMENT. I WOULDN'T SAY NO TRANSACTION, BUT LESS TRANSACTIONAL RISK IN THE ORIGINAL DOCUMENT. YES. AND WE'RE DOING THAT A LITTLE BIT.

WE'RE KIND OF ENTICING THEM INTO THAT WITH A CREDIT RISK OR A TRANSACTIONAL RISK IF THEY GO GET IT ON THE MARKETPLACE COMES AT A COST. AND ULTIMATELY THIS DOESN'T COME AT A COST FOR THEM THAT WE WE'RE PROVIDING A $25 MILLION LOAN WITHOUT ANY INTEREST FOR UP TO 36 MONTHS OR UNTIL TCO. ESSENTIALLY, I THINK, YEAH, THERE ARE COST SAVINGS FOR THEM. OF COURSE. AND THERE ARE

[00:35:02]

ALSO SOME THINGS THAT THEY ARE ADDING, AS MR. MAKOWSKI MENTIONED. SO THAT WAS THE NEGOTIATION BETWEEN THE PARTIES TO TRY TO OFFSET THOSE RISKS AND THOSE COST SHIFTS. YEAH. SO I JUST I WANTED TO KIND OF GET THAT OUT THERE BECAUSE OBVIOUSLY I WAS I FELT LIKE WE OFFERED TOO MUCH IN THE BEGINNING. AND I FEEL LIKE WE'RE ACCEPTING ADDITIONAL RISK WITH THIS CHANGE FROM WHERE WE WERE TO BEGIN WITH. AND SO THAT'S A LONG WAY OF SAYING, MR. MAYOR, THAT I'M, I'M A NO ON THIS. SO, MARK, IF I COULD JUST CLARIFY, THOUGH, WE OF COURSE, WERE NEVER CHARGING THEM INTEREST ON THE 25 MILLION RIGHT IN THE PRIOR. YEAH. SO THERE THERE WAS NOT AN INTEREST, NOT AN INTEREST. CREDIT SECURITY. YEAH. SO THAT THAT ACTUALLY HASN'T CHANGED. BUT AND I DO LET ME FINISH PLEASE. I DO REALIZE THAT OF COURSE THERE WOULD BE A COST FOR THE LLC, BUT WHAT WE HAVE NEGOTIATED IS ENHANCEMENTS AND IMPROVEMENTS AND SOME OTHER THINGS THAT THEY HAVE AGREED TO DO IN THAT. AND I WOULD ALSO SAY THAT TO SAY THAT THERE IS NO TRANSITIONAL RISK BECAUSE THERE'S AN LLC, WHICH OF COURSE COULD ALSO BE CHALLENGED AND WHATNOT. IF THERE WAS, THERE WAS LESS. WHAT'S THAT? I SAID THERE WAS LESS. YEAH, LESS. JUST BECAUSE IT TO SAY THAT IT MOVED FROM NONE TO SOME IS NOT ACCURATE. I WOULD SAY THAT YOU COULD ARGUE LESS. SOME WOULD ALSO ARGUE THE FACT THAT IN THIS SCENARIO, WE HAVE A FIRST LIEN ON THE PROPERTY THAT PUTS US IN A SOMEWHAT ARGUE, A BETTER DRIVER'S SEAT. IF WE HAPPEN TO HAVE A SITUATION LIKE WE HAD WITH THE SHERIDAN EITHER WAY. WELL, LET ME SAY IT A DIFFERENT WAY. THE IDEA THAT IN EITHER OF THOSE SCENARIOS, NEITHER OF THOSE MITIGATE THE RISK. IF SOMETHING GOES SOUTH ON CONSTRUCTION, SOMETHING DOESN'T HAPPEN. WE COULD BE SITTING WITH IT'S BEEN AFFECTIONATELY REFERRED TO AS STONEHENGE. YES. NEITHER OF THESE TWO ASPECTS OF IT MITIGATE THAT. THAT WILL BE A PRODUCT OF THE MARKET THAT WILL BE A PRODUCT OF THE OF THE QUITE FRANKLY, THE SUCCESS OR FAILURE OF THIS ENDEAVOR AS A WHOLE. CORRECT. OKAY. ALL RIGHT. IS THERE A MOTION? CAN I CAN I RESPOND TO THAT. SURE. ON A ON A LETTER OF CREDIT, IT'S A PROMISE TO PAY US IF THEY DEFAULT IN SOME WAY, WHICH THEY WOULD DEFAULT AND THE BANK WOULD PAY. AND THAT'S WHY IT CARRIES A COST TO THEM. IT COMES AT A CREDIT RISK TO A BANK AND ULTIMATELY IT HAS ELIMINATED OUR RISK IN THE TRANSACTION WHERE IF THE TERMS OF THE DEFAULT ARE MET, THEN THAT THAT RELATIONSHIP IS OR THE CREDIT COMPONENT IS BETWEEN THEIR BANK AND THEM, NOT BETWEEN US, THAT WOULD BE PARTY TO NO DOUBT, NO DOUBT AND REPLACING THAT WITH TWO PERSONAL GUARANTEES. THERE'S DEFINITELY A DIFFERENT RECOURSE. I UNDERSTAND THAT WHAT I'M RESPONDING THOUGH TO IS WHEN WE CONTINUALLY TALK ABOUT MITIGATING THE RISK OF A OF A, THE PROJECT STALLING NEITHER NEITHER ONE OF THESE INSTRUMENTS OR LACK THEREOF MITIGATE THAT. YES. I MEAN WELL IT DOESN'T IT DOESN'T MITIGATE THE PROJECT COULD STALL. IT MITIGATES THAT WE'RE PARTY TO THE STALLING. SO IN THE OTHER IN THE OTHER CASE WE ARE A CREDITOR AND WE'D BE SUBJECT TO GOING THROUGH THE BANKRUPTCY PROCEEDINGS OF, OF THE ISSUE VERSUS IF WE ARE JUST THE RECIPIENT OF A LETTER OF CREDIT, WE GET OUR MONEY AND WE MOVE ON, AND THEY'VE PURCHASED A PIECE OF LAND FROM US, AND WE SET UP THAT STRUCTURE TO AVOID THE STONEHENGE. AND NOW WE'RE PULLING BACK FROM THAT AND CREATING, WHETHER IT'S FROM LESS TO A LITTLE BIT MORE, OR IF IT'S FROM NONE TO MORE, WE'RE CREATING RISK. I GRANT YOU THAT THERE IS SOME MORE RISK, BUT FOR THAT, WE'VE GOTTEN QUITE A FEW ADDITIONAL MODIFICATIONS TO THE SITE PLAN AND TO WHAT THEY'RE DELIVERING. WE'RE ALSO GIVING UP SOME WITH THE WITH THE PARKING AND THINGS. SO I'M JUST SAYING THAT WE'RE I'M MAKING THE COMMENT THAT I WAS AGAINST IT BEFORE WE HAVE ADDED ADDITIONAL RISK IN THIS. AND I'M STILL IN A I'LL SAY THAT I WAS FOR IT BEFORE AND THERE IS A BIT MORE RISK FOR US HERE AND FOR THOSE OF US THAT WERE AROUND IN 2008, 2009, WE REMEMBER WHEN THAT HOTEL GOT BUILT AND THEN THE WHOLE WORLD KIND OF IMPLODED AND THERE WERE RELICS TO THAT TRAGEDY ALL OVER THE COUNTRY.

BUT, YOU KNOW, WE'RE IN MCKINNEY, MAN, AND WE'RE CONCERNED ABOUT THAT. WHEN WE LOOKED AT THAT THING FOR YEARS, I THINK WE CAN HAVE BIASES. AND I'LL ADMIT TO THIS BIAS THAT THAT HAPPENED ON THIS SITE IN THIS TOWN. AND I HATED IT. WELL, THIS IS THAT SITE AGAIN. OKAY.

SO BUT I'LL POINT TO THREE THINGS THAT I'M AWARE OF. AND I'M NOT THE MOST TRAVELED GUY IN

[00:40:02]

THE WORLD, BUT HERE IN MCKINNEY ON CRAIG DRIVE, THERE'S A HOTEL THAT HAS HAD FITS AND STARTS AND IT'S BEEN A MESS. I'VE TALKED TO THE ORIGINAL OWNER AND HE HAD TO GO BELLY UP ON IT. I'VE HAD COMPLAINTS FROM CONSTITUENTS ON IT. WHEN'S THAT THING GOING TO OPEN? WHAT'S THE CITY GOING TO DO? CITY CAN DO NOTHING. IT'S PRIVATE PROPERTY. IT'LL FIGURE ITSELF OUT. AND IT IS. THEY'RE CURRENTLY ADVERTISING FOR STAFF IN PRINCETON. THERE WAS AN APARTMENT COMPLEX THAT I DON'T KNOW THE DETAILS, BUT MAN, THAT THING'S A MONUMENT TO SOME BAD DECISIONS, I THINK. AND THEY GOT TO FIGURE IT OUT, AND IT'S UGLY AND IT'S GOING TO SUCK, AND IT DOES SUCK, AND IT'S GOING TO BE IN PEOPLE'S MEMORIES. FOR A LONG TIME, I WAS JUST VISITING MY FATHER IN LAW IN MONTROSE, COLORADO, MEDICAL BUILDING OVER BY A BEAUTIFUL NEW BUILD. IT'S A BUNCH OF METAL SITTING THERE, BANKRUPT. THESE THINGS HAPPEN IN CAPITALISM. THE DIFFERENCE HERE IS THE WAY I SEE IT IS THAT IF THESE GUYS, THESE GUYS ARE IN THE BUSINESS OF PRODUCING MUSIC IN A PROFITABLE WAY, AND EXPERIENTIAL MUSIC IS A PROFITABLE BUSINESS, IT JUST IS. SO THAT'S WHAT THESE GUYS ARE IN THE BUSINESS OF DOING. SO THEY'RE GOING TO COME HERE AND BUILD A $200 MILLION THING, AND THERE'S A CHANCE THAT IT MIGHT BLOW UP IF IT BLOWS UP. WE HAVE $10 MILLION IN ESCROW. WE DIDN'T HAVE THAT WITH STONEHENGE. WE GOT THE RIGHT TO GO. TAKE IT DOWN THE LAND THAT'S BEING USED AND LEVERAGED HERE IS LAND THAT THE EDC BOUGHT A NUMBER OF YEARS AGO. AND IT'S NOT ACTIVELY HELPING ANYBODY RIGHT NOW, EXCEPT MAYBE SOME FIELD MICE AND SO I THINK THERE'S AN OPTICAL RISK HERE MORE THAN ANYTHING THAT IF SOMETHING DOES HAPPEN HERE. BUT I DON'T THINK THESE ARE SMART GUYS. I DON'T THINK THAT'S GOING TO HAPPEN. I GUESS IT MIGHT HAPPEN. IT MIGHT HAVE HAPPENED WITH VIRTUALLY EVERY PROJECT WE'VE INCENTIVIZED IN THIS TOWN. AND I'M NOT GOING TO PICK ON THE BIG EMPLOYER NAMES. I LOVE THEM, BUT BUT WE KNOW WHO THEY ARE. THEY BUILT BIG BUILDINGS. THEY DID STUFF. THINGS HAPPEN, MAN. IT'S A FREE MARKET. IT'S TOUGH. SO THERE IS A BIT MORE RISK. THERE HAS BEEN CONSIDERATION FROM THE MUSIC VENUE COMPANY. I ACKNOWLEDGE THAT, BUT I THINK THE TAXPAYER IS PRETTY WELL PROTECTED HERE IN MY ESTIMATION. WITH THAT, I'LL MAKE A MOTION THAT WE APPROVE THIS. MR. MAYOR. I'LL SECOND. ALL IN FAVOR. AYE. OPPOSED? NAY.

[Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “C” - Planned Center District to “PD” - Planned Development District, Generally to Allow for Industrial Uses, Located on the Southwest Corner of McKinney Ranch Parkway and South Hardin Boulevard, and Accompanying Ordinance]

ALL RIGHT. WE WILL MOVE TO ITEM 32400632. CONDUCT A PUBLIC HEARING TO CONSIDER AN ACT ON A REQUEST TO REZONE SUBJECT PROPERTY FROM C PLAN CENTER DISTRICT TO PD PLAN DEVELOPMENT DISTRICT. GENERALLY TO ALLOW FOR INDUSTRIAL USES. LOCATED ON THE SOUTHWEST CORNER OF MCKINNEY RANCH PARKWAY AND SOUTH HARDIN BOULEVARD, AND ACCOMPANYING ORDINANCE. JENNIFER. THANK YOU, MR. MAYOR. JENNIFER ARNOLD, DIRECTOR OF PLANNING. LET'S SEE IF WE CAN GET THIS THING MOVING.

THERE WE GO. ALL RIGHT. AS YOU READ, THIS IS A REQUEST TO REZONE THE SUBJECT PROPERTY AT THE SOUTHWEST CORNER OF HARDIN AND MCKINNEY RANCH PARKWAY FROM ITS CURRENT C PLAN CENTER.

COMMERCIAL ZONING DISTRICT TO A PD PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR INDUSTRIAL USES. AS YOU'LL NOTE, I'LL KIND OF LINGER HERE ON THE LOCATION MAP. THIS PROPERTY IS ABOUT 12.5 ACRES IN SIZE. TO THE SOUTH OF IT ARE SOME EXISTING WAREHOUSES THAT WERE RECENTLY COMPLETED AND ARE ACTIVELY BEING USED. THE DEVELOPER OF THE SOUTHERN PORTION OF THE TRACT IS LOOKING TO FINISH OUT THE BLOCK WITH ADDITIONAL WAREHOUSES THAT ARE VERY SIMILAR TO WHAT YOU SEE ON THE GROUND TODAY, AS PROPOSED WITH THE PD. THEY ARE PROPOSING TO INCLUDE SIMILAR STANDARDS TO WHAT WAS INCLUDED IN THE TRACT TO THE SOUTH THAT WOULD INCLUDE AN INCREASE IN BUFFER TO ADJACENT RESIDENTIAL ON THE WEST, HORSESHOE BEND ESTATES, AS WELL AS THE PRESERVATION OF A GROVE OF TREES THERE. AT THE HARD NORTHWEST CORNER OF THE PROPERTY. SO IN REVIEWING THE REQUEST, STAFF DOES NOTE THAT THIS IS THE 121 COMMERCIAL CORRIDOR. IT IS NOT ENVISIONED FOR INDUSTRIAL USES IN THE COMPREHENSIVE PLAN. THE EXISTING WAREHOUSES THAT ARE THERE WERE BUILT UNDER OLD ZONING ENTITLEMENTS AND SO WITH THAT, WHEN WE REVIEWED THE REQUEST, ALTHOUGH WE APPRECIATED THE ACCOMMODATIONS AND THE INTENT TO MAKE IT FEEL SIMILAR TO WHAT'S BUILT ALREADY, WE ARE UNABLE TO RECOMMEND APPROVAL OF THE REZONING REQUEST. THE PLANNING AND ZONING COMMISSION CONSIDERED THE REQUEST AS WELL. THEY ARE RECOMMENDING APPROVAL. I'M HAPPY TO ANSWER ANY QUESTIONS AND OUR DEVELOPMENT PARTNERS ARE HERE AS WELL. JENNIFER. UNDER THE CURRENT ZONING, THE PD, I BELIEVE THAT MULTIFAMILY IS ALLOWABLE BY RIGHT IN THERE. IS THAT CORRECT? IT IS NOT. SO IN PRIOR TO 2018, MULTIFAMILY WAS PERMITTED IN THE C PLAN CENTER ZONING DISTRICT, BUT IN 2018 THAT ALLOWED USE WAS REMOVED. SO IT IS NO LONGER PERMITTED. THANK YOU. ANY OTHER QUESTIONS FOR JENNIFER? IS THE APPLICANT HERE? HI. GOOD EVENING MAYOR. COUNCIL

[00:45:14]

MEMBERS APPRECIATE YOUR TIME. MY NAME IS TARA WARREN. MY ADDRESS IS 7501 KICKAPOO DRIVE IN MCKINNEY, TEXAS. I'VE LIVED IN DISTRICT TWO FOR OVER EIGHT YEARS NOW. SO HAPPY TO BE A MCKINNEY RESIDENT. EAST GROUP PROPERTIES. WE'RE A NATIONAL COMPANY WITH A LOCAL PRESENCE.

WE HAVE OVER 40 YEARS EXPERIENCE FOCUSING SOLELY ON HIGH END MULTI-TENANT OFFICE WAREHOUSE PRODUCT, AND CONSIDERED ONE OF THE PREEMINENT DEVELOPERS OF THIS PRODUCT TYPE BY OUR PEERS.

WE HAVE LONG TERM OWNERSHIP ON THE HORIZON AND THEREFORE WE DEVELOP WITH THAT MENTALITY IN MIND. AND BECAUSE WE ARE LONG TERM OWNERS, WE ALSO STRIVE TO BE GOOD NEIGHBORS AND PARTNERS WITH THE COMMUNITY. AND ACTUALLY, I APOLOGIZE. THANK YO. SO A LITTLE HISTORY. SO EACH GROUP PURCHASED THIS PROPERTY BACK IN 2020. WE HAVE DEVELOPED FOR LIGHT INDUSTRIAL BUILDINGS HERE. THE FIRST TWO BUILDINGS, THREE AND FOUR WERE DELIVERED IN 2022. AND THEN WE JUST RECENTLY FINISHED BUILDINGS ONE AND TWO OFF OF I'M SORRY, THREE AND FOUR, AND THEN BUILDINGS ONE AND TWO OFF OF COLLIN MCKINNEY. AND THEY WERE DELIVERED LATE LAST YEAR. OUR REZONE REQUEST WOULD EXPAND AN EXISTING ADJACENT USE, AND WE WOULD UTILIZE THE SAME ARCHITECTURAL FEATURES AND PAINT SCHEMES THAT WOULD CREATE A COHESIVE BUSINESS PARK ENVIRONMENT. SO AS LONG TERM OWNERS, WE STRIVE TO BE GOOD NEIGHBORS. AND AS SUCH, WE'VE BEEN IN CONTACT WITH HORSESHOE BEND ESTATES OVER THE PAST FEW YEARS. WE'VE PROGRESSED THROUGH CONSTRUCTION ON THE FIRST TWO PHASES, AND IN THE EARLY STAGES OF THIS PROPOSED PD, AND WE'VE HAD SEVERAL MEETINGS WITH THE HOA REPRESENTATIVES, AS WELL AS ATTENDING AN HOA MEETING EARLIER THIS YEAR TO PRESENT THIS PROPOSED PD TO THEM. THEY VOICED A PREFERENCE TO THIS DEVELOPMENT OVER SOME OTHER HIGHER DENSE TYPE USE DENSITY TYPE. USES AND THAT WOULD POSSIBLY ENCOURAGE MAYBE MORE TRAFFIC AND LOITERING, AS WELL AS ADDITIONAL PRESERVING TREES. AS JENNIFER HAD MENTIONED ALONG THE NORTHWEST CORNER OF THE PROPERT. SO HOPEFULLY YOU'VE HAD AN OPPORTUNITY TO LOOK THROUGH THE DETAILS. BUT I WANT TO POINT OUT A FEW THINGS THAT THAT STAND OUT THAT WE HAVE BUILT INTO THIS PD BASED ON ALL OF THOSE CONVERSATIONS WITH HORSESHOE BEND ESTATES OVER THE LAST FEW YEARS, WHICH GREATLY EXCEED YOUR STANDARD BASED DEVELOPMENT OR YOUR STANDARD BASED DEVELOPMENT STANDARDS. SO CURRENTLY WE ARE SHOWING A REFLECTING A 225 FOOT BUILDING SETBACK FROM THE PROPERTY LINE, WHICH AS THE CURRENT ZONING STANDS TODAY, THE BUILDING SETBACK IS ONLY 30FT.

SO ADDITIONALLY, WE HAVE OH SORRY I'M GOING BACK THIS. SO WITH THAT 30 FOOT SETBACK, A DEVELOPER COULD COME IN BY RIGHT AND MAXIMIZE THE SQUARE FOOTAGE AND DEVELOP TO THAT LINE.

THEREFORE REMOVING A SIGNIFICANT AMOUNT OF NATURAL PRESERVATION THERE WITHIN THAT TREED AREA, THAT 1.09 ACRES FULL OF TREES THAT WOULD BE PRESERVED INDEFINITELY UNDER OUR PD AND IT IS LISTED IN THERE FOR THOSE TO BE PRESERVED. AND THAT DOES ACCOUNT FOR ABOUT 250 TREES IN THAT AREA ITSELF, WHICH WAS A SIGNIFICANT PRIORITY FOR THE ADJACENT NEIGHBORS THAT WE'VE WORKED WITH. SO EACH GROUP IS KNOWN FOR HIGH QUALITY PRODUCT. AND THIS DEVELOPMENT IS NO EXCEPTION. FOR THOSE OF YOU WHO AREN'T FAMILIAR OR HAVEN'T BEEN CLOSE BY, WE'VE INCORPORATED VARIOUS TEXTURES THROUGHOUT WITH THE USE OF HIGH CONTRASTING NICHIHA PANELS, AS WELL AS METAL TRIM FOR MORE OF A MODERN LOOK. AND THEN WE'VE WARMED IT UP WITH SOME WOOD PLANK PANELS UNDERNEATH THE ENTRY CANOPIES. WE ALSO HAVE EXTENSIVE LANDSCAPING. WE HAVE PLANTERS AT THE BUILDINGS AND CUSTOM PLANTERS JUST TRYING TO WARM IT UP AND MAKE IT MORE INVITING. WE HAVE A SUCCESSFUL DEVELOPMENT ON THE GROUND CURRENTLY. YOU KNOW WHAT YOU'RE GETTING WITH THIS.

WE'RE GOING TO EXPAND IT. THE NEIGHBORS ARE FAMILIAR WITH US, AND WE FEEL LIKE WE WILL BE A SUCCESSFUL PARTNER IN THIS COMMUNITY. AND WITH THAT, I ALSO HAVE SOME OF MY COWORKERS OR SOME OF MY PEERS FROM EACH GROUP THAT ARE HERE TO ANSWER ANY QUESTIONS AS WELL, AS LONG AS AS WELL AS OUR CIVIL ENGINEER. SO WE'RE HAPPY TO STAND FOR ANY QUESTIONS. QUESTIONS FOR THE APPLICANT. WHY DID JILL BARRICADE OFF YOUR PARKING LOT DURING THE NCAA DIVISION TWO NATIONAL CHAMPIONSHIP? WHEN DID THAT OCCUR? THIS LAST YEAR. DECEMBER? IN DECEMBER. JUST SO.

CHANCES ARE, WE WERE TRYING TO PREVENT PEOPLE FROM DRAG RACING OR. MIGHT IT BE A SITE UNDER

[00:50:01]

CONSTRUCTION? YOU DIDN'T WANT THE LIABILITY. YOU GOT IT. OKAY. I THOUGHT YOU SAID YOU WERE GOING TO BE GOOD NEIGHBORS. WELL, NOW THAT OUR SITE IS, YOU KNOW, THERE'S ALWAYS THERE'S ALWAYS ROOM FOR CONVERSATION. THAT WOULD BE SOMETHING THAT, YOU KNOW, I THINK THAT MAYBE OUR ASSET MANAGER WOULD BE WILLING TO, TO SPEAK TO. BUT KNOWING THAT SOME OF OUR TENANTS HAVE DIFFERENT WORKING HOURS, IT'S HARD TO AGREE OR TO GIVE UP SOME OF THEIR PARKING IF IT IT ALSO WOULD HAVE BEEN ILLEGAL FOR YOU TO OPEN UP YOUR PARKING IN A NON CODE SPACE FOR UNDER CONSTRUCTION. WELL, IT MIGHT BE ANOTHER ANSWER BUT. WELL YES. WELL THERE WAS A PHASE ONE WOULD HAVE BEEN COMPLETED AND OPEN. BUT YES YOU'RE 100% CORRECT. THANK YOU. TO THE EXTENT THAT YOU CAN TALK TO THE ISD OR THE CITY IN THE FUTURE ABOUT THAT, THAT WOULD BE LOVELY IF YOUR ASSET MANAGER COULD, BUT I THINK THIS IS A GOOD USE FOR THE PIECE OF LAND. IT'S LOW IMPACT. AS YOU SAID, YOU ARE GOOD NEIGHBORS AND SO I'M VERY SUPPORTIVE OF THIS. THANK YOU. AND I'M HAPPY TO MAKE THAT A MOTION TO APPROVE. WE HAVE A PUBLIC HEARING. IS THERE ANYBODY HERE THAT WOULD LIKE TO SPEAK TO THIS ITEM? MR. MAYOR COUNCIL I'M PAUL GAGE 4403 SHADY WOOD. I'M A RESIDENT IN HORSESHOE BEND ESTATES, PRESIDENT OF THE HOA. THANKS FOR LETTING ME TAKE A MOMENT TO SPEAK WITH YOU. HORSESHOE BEND ESTATES, YOU GUYS PROBABLY KNOW A LOT ABOUT IT. IT'S A SPECIAL PLACE, UNIQUE BY NATURE. IF YOU SAY HOA GATHERINGS ARE MORE LIKE FAMILY GATHERINGS. MANY TWO ACRE PLUS LOTS HOMES SPREAD OUT ABOUT A COUPLE OF DOZEN FAMILIES IN THERE. AND YOU CAN IMAGINE THE FEAR WHEN WE SEE THE BULLDOZERS COMING TO THAT BIG OPEN SPACE THAT WAS ACROSS FROM THE STADIUM FOR SO LONG, AND I THINK IF YOU WERE TO FAST FORWARD TO TODAY, I THINK WE AS A COMMUNITY WOULD SAY THAT IT WAS THE BEST CASE SCENARIO FOR US. WE KNOW EXACTLY WHAT WE'RE GETTING. IT DOES PROVIDE CONTINUITY. SO I WISH TO SPEAK IN FAVOR OF THIS REZONING BECAUSE WE KNOW WHAT WE'RE GETTING AND THROUGHOUT THE ENTIRE PROCESS, THE EAST GROUP HAS BEEN GRACIOUS TO ALLOW ME TO BE A PART OF THE CONVERSATIONS, TALKING THROUGH EACH OF THE TREES AND MOST PRINCIPALLY IN THE PREVIOUS SLIDE, RETENTION OF THE TREE LINE, WHICH SERVES AS A BUFFER BETWEEN TO THE WEST, HORSESHOE BEND ESTATES AND TO THE EAST. THE EAST GROUP'S DEVELOPMENT, AND ESPECIALLY MOST ESPECIALLY THE FAMILIES THAT ARE LOCATED IN WHAT WOULD BE THE NORTHEAST CORNER OF HORSESHOE BEND ESTATES. THOSE FAMILIES HAVE BEEN THERE DECADES, RAISED THEIR KIDS, NOW ADULTS, AND I THINK THE IMPACT OF THEM WOULD BE THE GREATEST IN THE PRESERVATION OF THE TREES, AS WELL AS THE SAFETY AND SECURITY THAT EACH GROUP HAS BROUGHT TO THE CURRENT WAREHOUSE DEVELOPMENT. AND EVEN AFTER EVERYTHING WAS COMPLETED, WE'RE STILL MEETING AND TALKING AND TWEAKING THINGS. SO THEY'VE BEEN GREAT NEIGHBORS. THEY REALLY HAVE. SO I APPRECIATE YOU HEARING ME. YEAH. THANK YOU SO MUCH. THAT MEANS A LOT. THAT DEVELOPER'S TAKING THE TIME TO MEET WITH THE NEIGHBORING COMMUNITY AND YOU SAY THAT THEY'VE CONTINUED THAT DIALOG EVEN AFTER. AMEN. YEAH. THAT'S GREAT. WELL DONE. ALL RIGHT. SEEING NOBODY ELSE WISHING TO SPEAK ON THIS ITEM A MOTION. MR. MAYOR, I MOVE THAT WE APPROVE THIS ITEM AS SUBMITTED BY STAFF AND CLOSE THE AND CLOSE THE PUBLIC HEARING. FORGIVE ME. SECOND. ALL IN FAVOR? AYE, AYE.

OPPOSED? I. WILL MOVE TO MOTION PASSES. BY THE WAY, ITEM 240015 SUPP. TO CONDUCT A PUBLIC

[Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for a Minor Vehicle Repair (Brakes Plus), Located on the West Side of North Lake Forest Drive and Approximately 1180 feet South of the Intersection of West University Drive and North Lake Forest Drive, and Accompanying Ordinance]

HEARING TO CONSIDER, DISCUSS, ACT ON A SPECIFIC USE REQUEST FOR A MINOR VEHICLE REPAIR.

LOCATED ON THE WEST SIDE OF NORTH LAKE FOREST DRIVE AND APPROXIMATELY 1180 FEET SOUTH OF THE INTERSECTION OF WEST UNIVERSITY DRIVE AND NORTH LAKE FOREST DRIVE. THANK YOU, MR. MAYOR. AGAIN, JENNIFER ARNOLD, AS YOU AS YOU READ THIS, AS A REQUEST FOR A SPECIFIC USE PERMIT ON THE SOUTH AND WEST SIDE OF US 380, IN LAKE FOREST, JUST SOUTH OF THE KROGER DEVELOPMENT. SO THE GOVERNING ZONING ON THE PROPERTY IS BG, A GENERAL BUSINESS, AND IT DOES REQUIRE CONSIDERATION OF THE SPECIFIC USE PERMIT FOR THE MINOR VEHICLE REPAIR TO BE PERMITTED. IT IS A BRAKES PLUS, AS IT SAYS HERE IN THE TITLE. STAFF HAS REVIEWED THE EXHIBIT OR PROPOSED SUP EXHIBIT. WE NOTE THAT THEY'VE ACTUALLY ORIENTED THE BAY DOORS AWAY FROM THE STREET FRONTAGE. WE ARE ALREADY SEEING COMMERCIAL PAD SITES DEVELOPING HERE. IT'S A HIGHLY COMMERCIAL AREA GIVEN ALL OF THOSE FACTORS, WE ARE RECOMMENDING APPROVAL OF THE REQUEST. PLANNING AND ZONING COMMISSION IS ALSO RECOMMENDING APPROVAL, AND I'M HAPPY TO ANSWER ANY QUESTIONS. AND I BELIEVE OUR APPLICANT IS HERE AS WELL. QUESTIONS FOR JENNIFER. IF IS THERE WHEN WE'RE LOOKING AT SUPS LIKE THIS, THE NEIGHBORING USES BEING RESTAURANTS DOES THAT. IS THAT SOMETHING WE CONSIDER? BECAUSE IN THE WHAT'S NORTH OF THIS A SONIC AND THEN NORTH OF THAT'S A PATIO FOR. I CAN'T THINK OF THE NAME ANIMA ANIMUS. YES. SO WE DO LOOK AT

[00:55:03]

THE DEVELOPMENT PATTERNS IN TERMS OF COMMERCIAL AND TYPICALLY MORE HIGHLY VEHICULAR COMMERCIAL USES. SO THE DRIVE THROUGH RESTAURANTS AND THINGS OF THAT NATURE THERE, YOU NORMALLY SEE THOSE ALL KIND OF DEVELOPED IN A ROW. THEY'RE TYPICALLY COMPATIBLE WITH EACH OTHER. IF YOUR CONCERN IS REGARDING THE OUTDOOR PATIO, WE DON'T NECESSARILY GET THAT GRANULAR UNLESS IT IS DIRECTLY ADJACENT TO THE PROPOSED USE. BUT WITH THAT GAP IN BETWEEN THEM, WE SEE IT JUST AS COMMERCIAL. YES. OKAY. ENTERTAIN A MOTION. WE DO NEED TO HOST A PUBLIC HEARING. THIS IS ACTUALLY A PUBLIC HEARING. IS THERE ANYONE WOULD LIKE TO SPEAK TO THIS ITEM? GOOD EVENING. MAYOR COUNCIL. MICHAEL GROOMS, 2600 NETWORK BOULEVARD, FRISCO, TEXAS I'M HERE WITH BOULDER ENGINEERING ON BEHALF OF THE APPLICANT AND DEVELOPER, BRAKES PLUS, I'LL KEEP IT SHORT FOR YOU GUYS TONIGHT. DON'T HAVE ANYTHING MUCH TO ADD BEYOND STAFF'S THOROUGH REPORT, AS WELL AS PLANNING AND ZONING RECOMMENDATION, BUT CERTAINLY HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU. ANY QUESTIONS? ALL RIGHT. THANK YOU.

MAKE A MOTION. WE CLOSE THE PUBLIC HEARING AND APPROVE THIS ITEM. I'LL SECOND. ALL IN FAVOR? AYE. I OPPOSED OKAY. MOTION PASSES. THAT IS THE END OF OUR AGENDA. CITIZEN COMMENTS ON

[CITIZEN COMMENTS on Matters not on the Agenda]

MATTERS NOT ON THE AGENDA. I DON'T SHARE ANY. WE HAVE ONE. OKAY. ALL BALLESTEROS. HEY. GOOD EVENING, PAUL BALLESTEROS, 6508 MARVIN GARDENS, MCKINNEY, TEXAS. THANK YOU FOR YOUR TIME AND ATTENTION. I'M ALWAYS IN AWE OF ALL THE DECISIONS THAT COME BEFORE YOU AND HOW YOU GO THROUGH THEM. IN ADDITION TO BEING A MCKINNEY RESIDENT, SEVEN YEARS AGO I FOUNDED THE NONPROFIT EMMANUEL NEIGHBOR. OUR MISSION IS REMOVING THE LESSNESS FROM HOMELESSNESS IN MCKINNEY AND BEYOND BY MODELING THE LOVE OF JESUS CHRIST TO ADDRESS THE NEEDS OF ANYONE AFFECTED BY HOMELESSNESS AND POVERTY. LET ME EMPHASIZE, WE EXIST TO SERVE ALL OUR NEIGHBORS. WHILE WE BELIEVE THERE ARE OVER 500 UNSHELTERED NEIGHBORS EXPERIENCING HOMELESSNESS IN MCKINNEY, WE ARE FULLY AWARE THERE ARE WELL OVER 200,000 NEIGHBORS WITH HOMES WHO WORK HARD FOR WHAT THEY HAVE.

HOMELESSNESS IS AN ISSUE THAT AFFECTS ALL OF US. THE PROBLEM IS, MOST OF THE SOLUTIONS BEING OFFERED FOCUS ON THE SYMPTOMS AT A MANUAL LABOR, WE FOCUS ON THE ROOT CAUSE OF HOMELESSNESS RADICALLY REDUCING THE AMOUNT OF TIME A PERSON STRUGGLES AND THE AMOUNT OF MONEY BEING WASTED.

THE ROOT CAUSE OF ALL HOMELESSNESS IS THE BREAKDOWN OF NUCLEAR RELATIONSHIPS. THE ORIGIN AND THE EXTENT OF THE BREAKDOWN IS THE MYSTERY. WE KNOW EVERYONE'S STORY IS UNIQUE AND THEIR SOLUTION IS IN THEIR STORY. SO WE LEARN THEIR STORY AND BUILD A PLAN. AND I'D LIKE TO SHARE WITH YOU TONIGHT THAT ONE OF OUR GREATEST TEAMMATES THAT WAS GREAT AT LEARNING PEOPLE'S STORY JUST PASSED AWAY A WEEK AGO TOMORROW MORNING, VELVET HAMMOND WAS A GIFT TO MCKINNEY. SHE WAS A GIFT TO ME AND A VICE CHAIR OF OUR BOARD AT EMMANUEL LABOR. I MET HER SHORTLY AFTER WE STARTED, AND SHE'D BEEN SERVING WITH US EVERY YEAR AT OUR MCKINNEY EMERGENCY OVERNIGHT WARMING STATION. SHE WAS OUR VOLUNTEER COORDINATOR, PARTICULARLY WITH DINNERS AND JUST GAVE HER HEART AND SOUL TO IT. AFTER RETIRING FROM BEING IN MCKINNEY ISD FOR NEARLY TWO DECADES, SHE WAS AT SLAUGHTER ELEMENTARY IN MCKINNEY NORTH AND HER CELEBRATION OF LIFE IS THIS FRIDAY AT 10 A.M. AT THE FIRST UNITED METHODIST CHURCH, AND ALL ARE WELCOME. AND SHE WANTS A PARTY. AND SHE WANTED BRIGHT COLORS TO BE THERE. SHE'S AN INCREDIBLE PERSON. AND EVEN IF YOU DIDN'T KNOW HER AND YOU JUST WANT TO LEARN MORE ABOUT WHO THIS LADY WAS, I INVITE YOU TO COME AND BE A PART OF IT. AND SHE INVITED, OF COURSE, OUR NEIGHBORS EXPERIENCING HOMELESSNESS TO BE THERE AS WELL. I WOULD LIKE TO USE THE TIME ALSO TO REMIND PEOPLE THAT THE ORDINANCE IS AVAILABLE TO ALL CHURCHES TO HOST THE MEALS OR THE MCKINNEY EMERGENCY OVERNIGHT WARMING STATION, OR A VERSION OF IT. AND WE AT EMMANUEL LABOR WOULD LOVE TO TRAIN YOU AND HELP YOU DO THAT. SO IF YOU ARE A LEADER AT A CHURCH, WE WANT TO GET YOU INVOLVED AND KNOW THAT YOU CAN HELP OUT BECAUSE THE NUMBER OF PEOPLE NEEDING IT IS GROWING.