Nov 10, 2020 Planning & Zoning Commission on 2020-11-10 6:00 PM

[CALL TO ORDER]

[00:00:04]

GOOD EVENING. IT'S 6 20 P AND WELCOME TO THE CITY. MCKINNEY PLANNING HIS OWN AND COMMISSION MEETING OF TUESDAY. REMEMBER THE 10 2020 THE COMMISSIONS THAT YOU SEE SEATED BEFORE YOU HAVE BEEN APPOINTED BY THE CITY COUNCIL. WE SERVE AT THE PLEASURE OF THAT SAME CITY COUNCIL. TONIGHT IF THERE IS AN ITEM THAT HAS A PUBLIC HEARING ATTACHED, YOU ARE MORE THAN WELCOME TO COME TO THE PODIUM AND. PARTICIPATE IN THE PROCESS HERE. YOUR THOUGHTS YOUR CONCERNS. BEFORE YOU COME TO THE PODIUM, PLEASE FILL OUT ONE OF THE YELLOW CARDS WITH YOUR NAME AND ADDRESS. THE AGENDA ITEM NUMBER THAT YOU ARE SPEAKING ON. THEN HAND IT TO A STAFF MEMBER WHEN YOU COME TO THE PODIUM WILL HAVE THREE MINUTES TO SHARE YOUR THOUGHTS AND YOUR CONCERNS. WHEN YOU HAVE 30 SECONDS LEFT, YOU'LL SEE A YELLOW LIGHT. AND THEN WHEN YOU'RE THREE MINUTES IS UP. YOU'LL HEAR A BUZZER. WE DO HAVE A FOUR ROOM AND WHAT'S GETTING TO BE A FULLER FOR YEARS? SO. WE DO ASK THAT YOU TREAT EACH OTHER WITH RESPECT THAT'S FOCUSED ON THE ISSUES. AND BE CONCISE IN HER COMMENTS AGAIN, IT IS IMPORTANT THAT YOU ARE HERE AND INVOLVED IN THIS PROCESS. SO WITH THAT WE WILL START OUR AGENDA. FIRST ITEM WILL BE AN OPPORTUNITY FOR YOU TO SPEAK ON ANY ITEM THAT DOES NOT HAVE A PUBLIC HEARING ATTACHED. WE DO HAVE ONE OF THOSE ITEMS TONIGHT. THAT WOULD BE THE MINUTES OF OUR LAST MEETING. IF YOU'RE HERE TO SPEAK ON THOSE MINUTES, YOU WOULD THAT WOULD BE THE TIME TO COME TO THE PODIUM. ALL RIGHT, SEEING NO ONE WILL MOVE, TEO. OUR CONCERN AGENDA. CONSISTS OF

[CONSENT ITEMS]

[Consider/Discuss/Act on a Preliminary-Final Plat for Lots 1-3, Block A of Luxe Addition, Located in the ETJ of McKinney, Approximately 1,100 Feet West of Trinity Falls Parkway and on the South Side of Weston Road (FM 543)]

[Consider/Discuss/Act on a Preliminary-Final Plat for the Parker Family Addition, Located in the ETJ of McKinney, Approximately 315 Feet West of County Road 410 and on the South Side of County Road 342]

CONSIDER PRELIMINARY FOUND A PLANT FOR LOTS OF 123 BLOCK A LOOKS ADDITION. THIS IS IN THE WAY OF MCKINNEY 1100 FT. WEST OF TRINITY FALLS PARKWAY ON THE SOUTH SIDE OF WESTERN ROAD. MY STAFF IS RECOMMENDING APPROVAL. THE NEXT ITEM IS 20-1301 P F FOUND A PLANT FOR PARKER FAMILY EDITION. THIS IS IN THE J. OF MCKENNA'S WELL, 300 FT. WEST OF COUNTY ROAD FOR 10 ON THE SOUTH SIDE OF COUNTY ROAD, 3 42. AMBER'S QUESTIONS ABOUT THESE TWO FLATS. MOVE. WE PROVE THE PLANTS PER STAFF RECOMMENDATION WITH NOTED CONDITIONS AND VARIANCE REQUIREMENTS IN 137 P.

M. MOTION TO APPROVE THE CONSIDERATIONS BY COMMISSIONER MAN'S I ASKED FOR STAFF RECOMMENDATION, MR HECKLERS VERY DISCUSSION. HE'S CAST YOUR VOTE. STILL, THOUGH, DYING.

FIGURE IT OUT. I DON'T HAVE A MINUTE. OKAY, THEN ITEM. LET'S HAVE BEEN APPROVED. NOW WE'LL MOVE TO OUR REGULAR AGENDA. THESE ITEMS WILL HAVE A PUBLIC HEARING ATTACHED. THE FIRST

[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, Generally to Modify the Development Standards and Uses, Located South of Pearson Avenue and Heritage Drive, and Approximately 160 Feet East of Redbud Boulevard]

[00:05:02]

THEY'RE ASKING IN REGARDS TO LANDSCAPING THAT 10 FT. BUFFERS ON THE EASTERN WESTERN PROPERTY LINE BE ALLOWED. TYPICALLY, THE ORDINANCE DOES REQUIRE 20. AND ALONG THE SOUTHERN PROPERTY LINE, LYING THERE, ASKING FOR A 15 FT BUFFER INSTEAD OF 2010 FT, WHICH MUST BE CLEAR OF UTILITY EASEMENT. AGAIN. THE REASON FOR THE REQUEST IS TO ALLOW FOR DEVELOPMENT. GOOD QUESTION. OTHERS REALLY? DANIEL. THANK YOU VERY MUCH. IS OUR AFRICAN HERE TONIGHT? MEANING CASEY GREGORY SANCHEZ ASSOCIATES OF 2000, NORTH DONALD STREET HERE IN MCKINNEY, UH, THANK YOU. STAFF FOR THAT PRESENTATION. WE WORK CLOSELY WITH THEM TO DEVELOP THE DEVELOPMENT STANDARDS FOR YOU. LIKE WE'VE SAID THIS DOES ALLOW MULTI FAMILY CURRENTLY AND THAT IS THE INTENT MOVING FORWARD. THIS IS THE CONCEPT PLAN OF WHAT WE'RE PROPOSING TO FELT.

YOU'RE SHORTLY. IF YOU HAVE ANY QUESTIONS, I'LL BE HAVING ANSWERING. SECTIONS OF THE APPLICANT. GOOD WE MAKE HERE IN A MINUTE. THANK YOU. BUT YOU BEING HERE? THIS IS A PUBLIC HEARING. IF YOU HERE TONIGHT, AND I WOULD LIKE TO WEIGH IN ON THIS PROPOSED THREE ZONE. HE'S COME TO THE PODIUM. MOVE. WE CLOSE THE PUBLIC HEARING. MOTION. MR MAN'S EYE CLOSE THE PUBLIC HEARING THAT KHUN BY MR DOKE IN DISCUSSION ON CLOSING THE PUBLIC HEARING. AREN'T ALL THOSE. PLEASE CAST YOUR VOTES NOW, TERRY, I'M WORKING. MOTION CARRIES A PUBLIC HEARING HAS BEEN CLOSED. FRANK MEMBERS QUESTIONS. UH, QUESTION. FOR DEVELOPER OR APPLICANT. IT'S YOUR CONCEPT PLAN INCLUDES PROPERTY THAT'S FURTHER SOUTH. YES, THERE IS ANOTHER RELATED ZONE. IN CASE YOU'RE ABOUT TO HEAR FOR THAT PROPERTY THAT IS. WILL BE ZONED HIS OFFICE. THERE IS A SHARED DETENTION POND THERE IN THE MIDDLE THAT WILL BE USED FOR BOTH PROPERTIES.

OTHER QUESTIONS. THANK YOU VERY MUCH. ANYONE ELSE? MOVE. WE PROVE THE ITEM FOR STAFF

[00:10:13]

SECOND, MR MCCALL'S THERE ANY DISCUSSION? CAST YOUR VOTES. THIS MOTION CARRIES AND WILL BE SENT TO THE CITY COUNCIL WITH A FAVORABLE RECOMMENDATION. FOR FINE ELECTION AT THE DECEMBER 1 2020 COUNCIL MEETING. THE NEXT ITEM IS 20-009 Z, A PUBLIC HEARING REQUEST TO REZONE SAID

[Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “RD-30” - Duplex Residence District to “PD” - Planned Development District, Located on the North Side of White Avenue and Approximately 700 Feet West of Graves Street]

PERHAPS WHAT IT'S GONNA LOOK LIKE, GENERATE OUT THERE, OKAY? OTHER QUESTIONS. THANK YOU, MR GREGORY. IT'S A PUBLIC HEARING. IF YOU'VE COME TONIGHT, I WOULD LIKE TO SPEAK ON THIS PROPOSED

[00:15:08]

[Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District and "REC" - Regional Employment Center Overlay District to "C1" - Commercial Neighborhood District, Located on the Southwest Corner of Collin McKinney Parkway and Lake Forest Drive]

THANK YOU VERY MUCH. THANK YOU. THIS IS THE PUBLIC HEARING IF YOU COME IN ON IT AND WOULD LIKE TO WEIGH IN ON THIS PROPOSED TO REZONE TO SEE ONE HE'S COME TO THE PODIUM. WE WILL CLOSE THE PUBLIC HEARING IMPROVE THE ITEM PER STAFF RECOMMENDATIONS. MOTION AND MAKES DEMANDS ARE CLOSE THE PUBLIC HEARING AND APPROVE THE OTTOMAN FIRST TIME RECOMMENDATION. SECOND MR HECKLERS OR ANY DISCUSSION. HE'S CAST YOUR VOTE. THE MOTION CARRIES THE AUTUMN WILL BE SENT TO THE CITY COUNCIL. FOR WITH A FAVORABLE RECOMMENDATION FOR FINAL ACTION ON DECEMBER THE 1ST 2020. THE NEXT ITEM IS TWO ZERO DASH. 0083 Z, A PUBLIC

[Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “RS-60” - Single Family Residence District and “TMN” - Traditional McKinney Neighborhood Overlay to “PD” - Planned Development District and “TMN” - Traditional McKinney Neighborhood Overlay, Generally to Modify the Development Standards, Located on the Northeast Corner of Erwin Avenue and Waddill Street]

[00:20:06]

ON BEN. SEE HERE. BACK TO YOU. SO WADDLE IRWIN WEST IN WHITE. FOR TRACK TO BE. THE APPLICANT IS REQUESTING THAT IT CAN'T BE TREE BE PROPOSED IN THE FRONT YARD. UM AND THEN BE ALLOWED TO PROPOSE TO ORNAMENTAL TREES, EITHER IN THE FRONT DOOR DOOR, THE REAR YARD OF THE PROPERTY.

WITH PLAIN DEVELOPMENT DISTRICT REQUEST PROJECTS MUST PROVIDE A LEVEL OF EXCEPTIONAL QUALITY TO SATISFY THIS REQUIREMENT NAPKINS PROPOSING TO PLANT AN ADDITIONAL TWO CANOPY TREES CONTRACT, EH? I'M IN AN ADDITIONAL ORNAMENTAL TREE AND TRACK TO BE. LOOK WHEN LOOKING AT THE SURROUNDING AREA STAFF IS OF THE OPINION THAT PROPOSED REZONING REQUEST OR CREATE QUALITY INFILL DEVELOPMENT THAT WILL BLEND IN WITH SURROUNDING SINGLE FAMILY RESIDENCES. AS SUCH STAFF RECOMMENDS APPROVAL OF THE PROS REZONING REQUEST WILL STAND FOR ANY QUESTIONS.

THANK YOU, KAYLA QUESTIONS. THEY GET THEIR APPLICANT HERE TONIGHT. SAM FRANKLIN. 16 50, WEST VIRGINIA. KENNY, TEXAS. SO I'M PROPOSING THAT WE REZONE THIS TOO. EDIE WAS SA FIVE ZONING UNDERNEATH. WE ACQUIRED THE PROPERTY THREE MONTHS AGO. WE HAD THIS VACANT LOT HERE JUST TO THE EAST. AND BEING A DUPLEX IN THE INVESTMENT PROPERTY, PARTICULARLY PRESENTS ISSUES FROM MAINE ET STANDPOINT. AND ALSO I HAVE A CONCRETE DRIVE THAT REALLY GOES TO NOWHERE, SO FENCING IT OFF. ECONOMICALLY DIDN'T MAKE SENSE FOR ME SO. THIS IS ALSO AN IDEAL PLACE FOR WHERE I'D LIKE TO BUILD A HOUSE AND LIVE THERE PERSONALLY, SO. WITH THAT STAND FOR ANY QUESTIONS. THANK YOU, MR FRANKLIN. OUR THIRD QUESTIONS OF THE APPLICANT.

WILL YOU BE REQUIRED OR NEEDING TO RELOCATE UTILITIES AT THE FRONT OF THE LINE HOLD I DO NOT BELIEVE SO. NO ONE ELSE. THANK YOU VERY MUCH. THIS IS A PUBLIC HEARING. IF YOU COME IN, I DIDN'T LIKE TIO. WEIGH IN ON THIS PROPOSED TO REZONE, PLEASE COME TO THE PODIUM. I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE SITE. AS PER STEP RECOMMENDATION, SHARMA'S KIRK AND ALL THE CLOSE THE PUBLIC HEARING AND APPROVE THE OTTOMANS FOR STAFF RECOMMENDATION. SECOND MR MAN'S EYES OR ANY DISCUSSION. CAST YOUR VOTES. THE MOTION CARRIES THE AUTUMN WILL BE SENT TO THE CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR FINAL ACTION. AT THE DECEMBER 1. OF 2020 CITY COUNCIL MEETING. THE NEXT ITEM TONIGHT IS 200 THE

[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, Generally to Modify the Development Standards and to Allow for Multi-Family Residential Uses, Located on the North Side of Spur 399 and Approximately 260 Feet East of Medical Center Drive]

[00:25:01]

YEAH, THERE'S A THING, SO THERE'S A NUMBER OF FLOOD PLAINS THAT KIND OF SEPARATED FROM 3 90 NINE'S FRONTAGE DIRECTLY. S O. THE DEVELOPABLE PORTION OF THE PROPERTY IS KIND OF CLOSER TO THE EXISTING MULTI FAMILY. SO IT'S ON THE FRONTAGE IS NOT THROUGH THE PARCEL. IT'S RIGHT THERE. YEAH, IT'S PRIMARILY ALONG THE FRONT THE FRONTAGE THROUGH HERE. YOU DON'T WANT TO MAKE SURE IN TALENT THAT WAS THERE INSIDE THE SITE. OKAY. THANK YOU. GOOD QUESTION ANYONE ELSE? ALL RIGHT. SO THANK YOU VERY MUCH THERE APPLICANT HERE TONIGHT.

MY NAME IS JACK HARVARD OF NASH GROUP. REAL STATE, OUR ADDRESSES 7200 UNIVERSITY.

AARON MCKINNEY. I WOULD LIKE TO THANK STAFF, MR MOSS. THEY WERE VERY. NICE TO WORK WITH AND WE ENJOYED WORKING WITH SO THANK TO STAFF. B. PROBABLY HAS ABOUT 17 ACRES. THERE WILL BE ABOUT 10.5 ACRES OUTSIDE OF THE FLOOD PLAIN. THE SEVEN ACRES THAT IS IN THE FLOOD PLAIN TO ANSWER YOUR QUESTION HAS A LOT OF TREES IN THOSE TREES WERE BEING RETAINED. WE WANT TO RETAIN EVERYTHING WE CAN INTO THE FIRST CLASS DEVELOPMENT. WE'RE ASKING FOR THE SAME MM. THREE.

UNIT NEXT DOOR TO US IS WE ORIGINALLY ASKED FOR FOUR STORIES BECAUSE THAT GAVE US MORE FLEXIBILITY TO PUT IN MORE AMENITIES. WE'RE NOT ASKING FOR MORE UNITS IF WE DID FOUR STORIES. IT WAS JUST FOR THE THAT IF THREE STORIES IS WHAT STAFF AND THE PANSY RECOMMEND, THEN THAT'S WHAT WE'LL DO. WE CAN ACCOMPLISH IT THAT WAY. IF ANYONE HAS ANY QUESTIONS, I'LL BE GLAD TO ANSWER. PERSONS OF THE AFRICAN. FORGET. THANK YOU VERY MUCH. YOU TOLD ME YOU HAD TO BE BRIEF. THIS IS A PUBLIC HEARING. ADAM IF YOU'RE HERE TONIGHT, IT WOULD LIKE TIO COMMENT ON THIS PROPOSED TO REZONE. PLEASE COME TO THE PODIUM. ALL RIGHT. WE CLOSE THE PUBLIC HEARING AND APPROVE THE ITEMS FIRST AFTER MOTION, MR MAN'S I SECOND BY MR MCCALL TO CLOSE THE PUBLIC HEARING. THAT MR DOE. CLOSE THE PUBLIC HEARING AND APPROVE THE ANIMUS.

FIRST TYPE RECOMMENDATION. IS THERE ANY DISCUSSION? CAST YOUR VOTES. THE MOTION IS APPROVED, THE ITEM WILL BE SENT TO CITY COUNCIL. WITH FAVORABLE RECOMMENDATION FOR FINE ELECTION AT THE DECEMBER 1 2020 MEETING. THE NEXT ITEM IS 20-00. I'M SORRY TO ZERO DECK 0074

[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, Generally to Modify the Development Standards and to Allow for a Wedding/Event Venue or Banquet Facility with Outdoor Uses, Located on the Southwest Corner of Virginia Parkway and Lake Forest Drive]

[00:30:09]

THERE IS NO SQUARE FOOTAGE LIMITATION ON THE REAR TRACT IS CALLED, TRACKED SEVEN IN THE CURRENT ZONING. DISTRACT PERMITS GENERAL OFFICE USES, HOWEVER, ALSO DOES DOES PERMIT INDOOR AMUSEMENT, WHICH BANQUET HALL OR WEDDING. FOR THEN YOU WOULD FIT INTO THAT CATEGORY.

THISS TRACKED DOES HAVE A MAXIMUM SQUARE FOOTAGE. 15,000 SQUARE FEET. CURRENTLY THE HEIGHT LIMIT ON BOTH TRACKS IS 35 FT. AND YOU MAY RECALL THERE WAS A SIMILAR REQUEST. ON THIS SITE ABOUT. SIX MONTHS AGO, IT WAS ULTIMATELY WITHDRAWN. SINCE THEN, THE APPLICANT HAS MADE A NUMBER OF CHANGES ON DI. DO YOU WANT TO DISCUSS HERE? SO THE CURRENT PROPOSAL STILL WOULD BISECT THE RUNNING INTO TWO DIFFERENT DISTRICT'S HERE. I'M YOUR TRACK ONE. THEY'RE SHOWN IN GREEN AND YOU HAVE TRACKED TO SHOWN IN BLUE. CONTRACT TWO WOULD FOLLOW THE C ONE NEIGHBORHOOD COMMERCIAL DESIGNATION DISTRICT WITH SOME MODIFIED USES IN SPACE LIMITS THAT ARE GENERALLY IN CONGRUENCE WITH THE EXISTING ZONING. TRACKED. ONE WOULD FOLLOW THE SUBURBAN OFFICE DISTRICT WITH MODIFIED USES IN SPACE LIMITS. IT WOULD LIMIT SQUARE FOOTAGE TO 38,000 SQUARE FEET. AND PERMIT STRUCTURES UP TO 40 FT IN HEIGHT. THISS TRACKED WOULD NOT PERMIT INDOOR AMUSEMENT OUT RIGHT? BUT IT WOULD ALLOW FOR A WEDDING EVENT VENUE OR BANQUET FACILITY WITH INDOOR USES BY RIGHT. HOWEVER, IF OUTDOOR USES ARE INCLUDED, THEY WOULD BE PERMITTED. IF THEY WERE IN CONFORMANCE WITH THE PROPOSED DEVELOPMENT REGULATIONS. AND THE CONCEPT PLAN. SPEAKING OF WHICH. HERE TO PROPOSE CONCEPT PLAN. ON SOME OF THESE. CHANGE IS HERE THAT THE IT WOULD PERMIT UP TO EIGHT OVERNIGHT SWEETS LIKE A BRIDE OR GROOM. SWEET HOWEVER, ONLY IN ASSOCIATION WITH EVENT RENTAL SPACES, AND THESE SWEETS WOULD NOT BE RENTED INDIVIDUALLY. OUTDOOR SPACES WOULD BE PERMITTED IN ASSOCIATION WITH INTERIOR SPACE RENTALS ON LEE. HE'S OUTDOOR EVENTS WOULD BE LIMITED TO WEDDING CEREMONIES, PHOTOGRAPHY AND FOOD SERVICE. AND THEY WOULD ALSO NEED TO OCCUR IN AREAS THAT ARE A MINIMUM OF 150 FT FROM RESIDENTIAL USES AS SHOWN ON THE CONCEPT PLAN.

SOUND LEVELS. OUTDOOR ACTIVITIES MAY NOT EXCEED 65 DECIBELS IN THE DAY BETWEEN SIX AND NINE AND 85 DECIBELS AT NIGHT. UM, WHICH WOULD BE OBVIOUSLY BETWEEN 9 P.M. AND SIX AM. DECIBELS WOULD BE MEASURED FROM THE PROPERTY LINE AND JUST FOR REFERENCE, A RESTAURANT AND A CONVERSATION IS GENERALLY AROUND 60 DECIBELS. I DID PROVIDE YOU WITH A COMPARISON CHART FOR FROM DECIBEL READINGS AS PART OF INFORMATIONAL EXHIBIT THAT INCLUDED IN THE PACKET. UM. IN ADDITION TO THOSE SOUND LIMITS, THE ZONING REQUEST WOULD LIMIT THE USE OF MUSIC BEING PLAYED BY SPEAKERS OR OTHER AMPLIFIED DEVICES BETWEEN 9 P.M. 8 A.M.

PARKING WOULD BE REQUIRED BASED ON BOTH USE AND SQUARE FOOTAGE. EVENT SPACES WOULD BE PARKED AT ONE SPACE FOR EVERY 100 SQUARE FEET. AND ANCILLARY SPACES SUCH AS OFFICES, STORAGE AREAS, KITCHENS WOULD BE REQUIRED TO HAVE ONE SPACE FOR EVERY 400 SQUARE FEET. SWEETS WOULD REQUIRE ONCE ONE SPACE PER SUITE. ON THE CONCEPT PLAN. THE APPLICANT IS PROVOKED, PROPOSING TO PROVIDE A 6 FT. WROUGHT IRON FENCE WITH SCREENING TRUMPS ALONG VILLAGE

[00:35:01]

WE WENT TO ENSURE THAT THE NOISE ORDINANCES WOULD BE. COMPATIBLE WITH THE EXISTING USES IN THE AREA. PARTICULARLY BY LIMITING BOTH THE TYPES OF ACTIVITIES AND ADDITIONAL DECIBEL RESTRICTIONS ON THOSE OUTDOOR ACTIVITIES. LIGHTING FOR THE DEVELOPMENT REGULATIONS WOULD REQUIRE FULL CUT OFF LUMINARIES TO ENSURE THAT THE LIGHTS ON SITE DO NOT ENCROACH INTO NEIGHBORING RESIDENCES. WE ALSO WORKED WITH THE APPLICANT TO PROVIDE A PARKING RATIO FOR THE BUILDING. WHICH WOULD BE INCONSISTENT STANDARDS WITH A LOT OF OUR EXISTING PARKING REQUIREMENTS. IN ADDITION, THERE IS A GATED ACCESS AND FENCING ALONG VILLAGE DRIVE.

THAT WOULD HOPEFULLY, UH. REDUCE ANY INCENTIVE TO USE THAT AS SPILLOVER STREET PARKING. IT WOULDN'T BE DIRECTLY ACCESSIBLE TO THE PROPERTY. REGARDING ACCESS A TIME OF SIGHT PLANNING, THE ENGINEERING DEPARTMENT CAN REQUEST A TRAFFIC STUDY IF NEEDED. TYPICALLY THAT WOULD NOT BE THE CASE ON A SIMILAR DEVELOPMENT, JUST GIVEN THAT IT IS ON THE CORNER OF TWO MAJOR ARTERIALS, WHICH ARE BUILT FOR HIGH TRAFFIC VOLUMES. HOWEVER IF THEY FEEL THAT'S WARRANTED, THEY CAN REQUEST THAT AT THAT TIME AND MAKE SURE THAT THE TRAFFIC CONCERNS ARE ADDRESSED. STAFF IS ALSO DONE A THOROUGH EVALUATION IN SIZE OF THE PROPOSED STRUCTURE. AND WE FOUND THAT 38,000 SQUARE FEET FOR A BUILDING WAS NOT OUT OF LINE WITH EXISTING STRUCTURES IN THE AREA. INCLUDING SCHOOLS ASSISTED LIVING FACILITIES.

RETAIL BUILDINGS. IN THE NEIGHBORHOOD CURRENTLY. STAFF DID ALSO INCLUDE AN INFORMATIONAL EXHIBIT ON THIS IN THE PACKET. STEPH FEELS THE PROPOSED OWNING IS LARGELY IN CHARACTER WITH THE EXISTING ZONING ON THE PROPERTY. AND THE PROPOSED DEVELOPMENT REGULATIONS GO ABOVE AND BEYOND THE TYPICAL PROTECTIONS OFFERED TWO ADJACENT PROPERTIES. FIVE CITY ORDINANCES. AND IT WOULD HELP TO MINIMIZE THESE IMPACTS ON THE SURROUNDING PROPERTIES.

FOR THESE REASONS. STAFF IS IN SUPPORT OF THE REQUEST AND DOES RECOMMEND APPROVAL. I STAND FOR ANY QUESTIONS. JOE ARE THERE QUESTIONS THERE, MR MCCALL? LITTLE OF IT IS. IS THAT A CREEP MADE WHAT'S THE FLOODING? THERE IS CURRENTLY A CREEK THAT RUNS THROUGH THE PROPERTY ON BELIEVE THEY'VE. THIS PROPOSAL WOULD HAVE A HEAD WALL AT THE TOP OF THE PROPERTY, SO.

OBVIOUSLY THERE'S DR ISLES AND THINGS COULD CROSS IT ON THEN I BELIEVE THE CENTER PORTION HERE. IS LISTED AS A TREE PRESERVATION AREAS. I BELIEVE THE INTENT IS TO LEAVE THAT AS A OPEN AREA FOR THE 43. BUT YES, CURRENTLY THE CREEK BASICALLY RUNS RIGHT THROUGH THE IS IT IN THE 100 YEAR FLOOD PLAIN OR IS IT JUST. IT'S NOT CURRENTLY MAP. THIS FLOOD PLAIN OBVIOUSLY IS PART OF THE SITE PLAN PROCESS THEY'RE GONNA HAVE TO SUBMIT. YOU KNOW ALL THOSE DOCUMENTS AND THINGS ARE ENGINEERING DEPARTMENT TO MAKE SURE THAT. DEVELOPMENT WOULDN'T FLY AROUND IT. THEY'RE JUST GONNA BUILD AROUND. YEAH I THINK THE EXISTING LAYOUT

[00:40:04]

IT WOULD REQUIRE ALL SIX OUT OF SEVEN TO 66 MEMBERS AT THIS TIME, WITH THE VACANCY TO VOTE IN FAVOR OF THE PROPOSAL, ALL SIX WOULD HAVE TO VOTE YOU NATIONALLY TO PROVE TRACT. HAS NOW LET'S BREAK DOWN THE NOISE A LITTLE BIT BECAUSE THAT WAS KIND OF A STICKING POINT LAST TIME, SO WE'LL HAVE TO GET A LITTLE SIMPLER FOR MYSELF. OUTDOOR, D J OR BAND. UM, REALLY LOUD WHAT TIME'S REALLY ALLOWED SO. CURRENT PROPOSAL WOULDN'T ALLOW ANY KIND OF SPEAKER EQUIPMENT, OUTDOOR MUSIC THAT SORT OF THING AFTER NINE PM BETWEEN 90 EMANATE AM ARE TYPICAL CITY ORDINANCES. DO YOU HAVE A. CUT OFF LIKE, FOR INSTANCE, ON THE WEEKEND THAT CUTOFF TIME BEGINS AT 11 30. PM. ON DSO. THIS THEODEN INAL PROTECTIONS IN THE PROS.

DEVELOPMENT REGULATIONS ACTUALLY INCREASED THAT TIME WHEN THEY'RE NOT ALLOWED TO HAVE. THAT KIND OF NOISE. AND IN ADDITION TO, UM, RESTRICTING JUST THE ACTUAL DECIBELS. UM, WE'RE RESTRICTING THE ACTIVITIES OUTSIDE AS WELL. I'M SO YOU CAN'T GO HAVEN'T ALL NIGHT DANCE PARTY OUTSIDE. YOU CAN ONLY HAVE WEDDING COMMITMENT CEREMONIES. YOU COULD HAVE FOOD SERVICE AND YOU COULD HAVE PHOTOGRAPHY. WE GATED THE ACCESS BACK TOWARDS THE. YES, VILLAGE WILL BE NO TRAFFIC IN AND OUT OF THAT. YEAH, THEY'RE TYING DOWN THAT GATED CONCEPT AGAIN. THEY'RE PROPOSING TO PUT IN A. ROD IRON FENCE ALL THE WAY ALONG VILLAGE DRIVE AND THE GATES CONTROLLED BY THE FIRE DEPARTMENT, PRAXIS, IT WOULD BE AN EMERGENCY ACCESS GATE ONLY FOR FIRE DEPARTMENT ACCESS AND TYPICALLY UNDER THE CURRENT ZONING OR A TYPICAL DEVELOPMENT REGULATIONS. IT WOULD BE NO SCREENING REQUIREMENT ALONG VILLAGE DRIVE BECAUSE THE PROPERTY GOES ALL THE WAY TO THE RIGHT OF WAY. OF THE QUESTIONS CHRIS UNDER THE CURRENT ZONING, SO IT APPEARS THERE'S GOING TO BE A TREE BUFFER ON THE SOUTH SIDE THERE.

IF WE COMPARE THAT TO THE CURRENT ZONING WITH ANY SORT OF TREE BUFFER SENT BACK, HOW WOULD THAT CHANGE IF SOMEBODY CAME IN THERE AND BUILT IT TODAY AS IT SETS SO UNDER THE CURRENT ZONING, YOU KNOW, REALLY DEFAULTS TO A LOT OF OUR CITY STANDARDS BECAUSE THE P D DOESN'T SPEAK SPECIFICALLY TO A LOT OF THE TREES AND THE TREE PROTECTIONS THERE. WHAT WE DO HAVE IS WE'VE GOT A. ON THE ADDITIONAL, YOU KNOW, TREAT PROTECTION ZONE HERE WHERE IT'S ABOUT 30 FT. AT MINIMUM. THE CURRENT ZONE WOULD ONLY HAVE IF YOU'VE GOT A QUALITY TREE THAT HAS TO BE A CERTAIN KIND OF SPECIES, AND IT HAS TO BE A CERTAIN KIND OF SIZE SIX INCHES OF GREATER OF DIAMETER. AND THAT WOULD HAVE TO BE WITHIN 15 FT. OF THE PROPERTY LINE IN ORDER TO BE A PROTECTED TREE. AND, YOU KNOW, OBVIOUSLY. MINUTES IT UP BASED ON SPECIES AND THINGS, SO IF IT'S SOMETHING LIKE A HACKBERRY, FOR INSTANCE, THAT'S NOT ON OUR QUALITY TREE LIST, SO THAT WOULD NOT BE PROTECTED TREE YOU KNOW IF IT WERE A RED OAK OBVIOUSLY BE IN A DIFFERENT SITUATION. IF I COULD CHIME IN ON THAT JUST REAL QUICKLY. I THINK JOE DID A GREAT JOB OF EXPLAINING THAT DIFFERENCE. THE 15 PLUS 15 FOR QUALITY TREE, THE GLOBAL RESULT IS OUR EXISTING STANDARD ORDINANCE. WOULD END UP WITH SORT OF SOME SPORADIC NON DISTURBANCE AREAS ALONG YOUR PROPERTY LINES WHERE YOU HAVE A TREE THAT MEETS THAT REQUIREMENT, AS PROPOSED WITH THE EXISTING WITH THE PROPOSE OWNING IT WOULD BE A FLAT 30 FT TREE PERIMETER ZONE. OF LONG THE BORDER OF THAT PROPERTY. SO INSTEAD OF HAVING THAT SORT OF SPORADIC WHERE YOU HAVE THE TREES, IT'S 30 FT. AND THAT TREE PARAMETERS OWN WOULD BE NOT DISTURBED. SO IF YOU COMPARE THE PARKING HERE ON OUR LIGHTING'S A CONCERN WITH THE COMMERCIAL DEVELOPMENT THERE BE PARKING SPOTS IN AREA LIGHTING. HAS THERE BEEN ANY PROPOSAL IS TO UNDERSTAND WHAT MIGHT IT WOULD BE KIND OF IN ADDITION TO YOUR TYPICAL COMMERCIAL DEVELOPMENT, A MAJOR CONCERNS. SO WE DO HAVE CITY ORDINANCES THAT DO YOU REQUIRE, YOU KNOW CERTAIN SPECIFICATIONS IN ORDER TO HELP PREVENT SPILLOVER LIGHTING. ANDI IN ADDITION TO THAT THIS P D DOES HAVE THE LIGHTING SECTION, WHICH DOES SPECIFICALLY REQUIRE FULL CUT OFF LUMINARIES, WHICH ARE THE KIND OF BEST OF THE BEST LIGHTING SITUATION THAT'S AVAILABLE TO HELP PREVENT LIGHT FROM SPILLING OVER INTO NEIGHBORING PROPERTIES. AND IN THE 68,000 SQUARE FOOT. HOW MUCH OF THAT IS ACTUALLY PART OF SQUARE FOOTAGE? ACTUALLY,

[00:45:04]

OH, THANK YOU VERY MUCH. ALL RIGHT, COME UP. NO. I CLICK IT TO MOVE IT. HELLO MY NAME IS SHANNON. EARLIER. I WORK WITH THE DEVELOPER SANJAY JOSHI ON THE PROJECT SINCE YOU'VE SEEN THE PROJECTS HERE BEFORE WE KIND OF WENT THROUGH IN TALKING LIKE, HOW DID WE GET WHERE WE WERE AT AND WANTED, TEO? EXAMINE THAT AND EXPLAIN THAT KIND OF GIVE A LITTLE BIT OF FEEDBACK ON IT. AND THE DEVELOPER CONNECTED WITH THIS POVERTY AND THE REASON THAT HE WAS INTERESTED IN IT. IN ADDITION TO OF THE LOCATION AND PROXIMITY TO THE HIGHWAYS, WAS THE NATURAL TOPOGRAPHY OF IT, AS WELL AS THE. REPUTATION OF MCKINNEY IS BEING BUSINESS FRIENDLY AND COMMUNITY FRIENDLY. HEY, ENVISIONED WHEN. A LOT OF WHAT HE DOES IS MIXED USE. AND SO HE ENVISIONED LOOKING AT THIS PROPERTY SOMETHING TO DO DIFFERENTLY.

BUT IN THE PROCESS OF COMING IN FRONT OF THE PLANNING AND ZONING COMMITTEE, THEIR SENSE GONE BACK AND RE EXAMINE WHAT THAT ORIGINAL VISION WOULD LOOK LIKE. AND WHAT. FITS INTO WHAT THE CURRENT ZONING AND CITY REQUIREMENTS ARE. AND I FEEL LIKE IT'S HELPFUL TO SHARE THAT TO EXPLAIN WHY THERE'S AN FOR THE REZONING. THIS TRADITIONAL, MORE TRADITIONAL CONCEPT HAS GOT OFFICE AND RETAIL SPACE THERE HAVE BEEN READ AND THE EVENT CENTER DOWN THE BOTTOM.

IT'S A TOTAL OF APPROXIMATELY 93,000 SQUARE FEET OF BUILDINGS. ANDI OBVIOUSLY HE LOSE A LOT OF A LOT OF THE TREES. A LOT OF THAT PROPERTY PIECE, AND IT ALSO REQUIRES BASED ON THE CITY REQUIREMENTS TO HAVE. THREE ABILITY TO GET IN AND OUT ON VILLAGE DRIVE, WHICH I KNOW IS SOMETHING THAT'S NOT NOT OPTIMAL. BECAUSE THE WAY THAT IT HAS TO BE SET, THE EVENT CENTERS THEMSELVES THE PIECES OF THAT BACK UP VERY CLOSELY TO WHERE THE RESIDENTS ARE. AND I THINK THAT LOOKING AT THAT THIS. A VISION OF IT HAS GOT A DIFFERENT. A DIFFERENT FEEL TO IT, THEN WHAT HE WANTED TO DO WANTS TO DO SOMETHING VERY RESORT SOMETHING VERY ELEGANT ON AND THAT WAS WHERE WE CAME TIO WHEN THEY BROUGHT IT TO YOU IN JUNE. THIS PROPERTY I READ WHEN I FIRST HEARD ABOUT IT. I HEARD IT WAS FIVE STORIES HIGH. AT SOME 50.7 STORIES HIGH WAS STILL TWO STORIES HIGH. IT DID HAVE A LARGE 2000 SQUARE FOOT BALCONY ON THE SECOND FLOOR. AND THAT THERE WERE CONCERNS. I BELIEVE ABOUT SIGHTLINES, AND THAT'S GONE AND IT HAD A LARGER OUTDOOR SPACE THAT WAS SITUATED A LITTLE BIT DIFFERENTLY. ON A ZOOM CALL IN AUGUST, A SWELL THROUGH ADDITIONAL EMAILS. A GROUP OF RESIDENTS EXPRESSED SOME OF THE FOLLOWING CONCERNS WHICH I THINK AFTER SOME OF THE CONCERNS THAT THAT YOU BROUGHT US WELL. WITH THE NOISE, THE LIGHT POLLUTION TRAFFIC, ALL OF THE THINGS THAT MR MOSS VOTE, TOO. THEY HAVE CHANGED THE WAY THAT THAT SET UP THEIR NOT DOING LIVE BANDS OUTSIDE. AS YOU MENTIONED, I WENT, WAS LOOKING UP THE DECIBEL INFORMATION MYSELF AS WELL, TRYING TO GET A GAUGE ON WHAT THAT WOULD SOUND LIKE WHAT THAT WOULD BE, AND ALSO FOUND THAT IT WAS. DISHWASHER LEVEL WHEN YOU'RE STANDING OUTSIDE OF THE PROPERTY. THEY CHANGE WHERE THE TYPE OF LIGHTS THEY'RE USING AS WELL, A CZ ADAPTING TO MAKE SURE THAT THE WALLS AND DOORS ARE DESIGNED TO ABSORB THE SOUND TO MAKE SURE THEY NEED THAT. DECIBEL REQUIREMENT. THEY SUBMITTED THE SITE PLAN TIED DOWN. GENERAL QUITE KNOW WHAT THAT MEANS, BUT I KNOW THEY CAN'T CHANGE IT ONCE IT'S ALL APPROVED AND DONE AND TO GO TO THAT PROCESS. OH, AND THEN PUTTING UP THE 6 FT MASONRY WALL AND ADDING THE ADDITIONAL VEGETATION AS WELL AS THE EMERGENCY ACCESS GATE BEING THE ONLY ACCESS POINT COME ON. VILLAGE DRIVE, WHICH MR MOSS MENTIONED. OBVIOUSLY WITH ONLY 30,000 SQUARE FEET OF BUILDING OR 30. I THINK IT'S 35 THEN 38 WITH THE, UM. PORCHES. YOU'VE GOT A LOT MORE SPACE TO BE GREEN ON THERE. THERE IS STILL

[00:50:07]

UTILIZED THE EVENT CENTER AND SUPPORT AREA COMMUNITY EVENTS AND BE PART OF THE COMMUNITY.

AND. THAT IS A PROCESS THAT IT SEEMS GOT OFF ON THE WRONG FOOT WITH THE RESIDENTS, BUT SOMETHING THAT HE DEFINITELY WOULD LIKE TIO REPAIR IN THE FUTURE. ANY QUESTIONS FOR ME.

OTHER QUESTIONS OF. ON THE ON THE SQUARE FOOTAGE. UM IS THERE. IS THERE A TTE SWEETS ON THIS ONE? WE'RE THE SWEETS, I THINK IS THAT CONSIDERED PART OF THE MAKERS OF SOMEWHERE ELSE ON THE CIDER? STEVE STEVE BACK TO THE PERSON WHO KNOWS THESE THINGS. IS THAT CONSIDERED LAND OUR PRE FUNCTION. MY FRIENDS MAKE READY, OKAY? WHAT WAS THAT PART OF? IT'S PART OF MAKE READY, OKAY? QUESTIONS. YOU KNOW, OKAY. THANK YOU. WE MAY HAVE QUESTIONS. IF YOU WILL FEEL TAKE NOTES AND THEN IT MAY HAVE YOU BACK UP. THIS IS A PUBLIC HEARING ITEM. A LITTLE HOUSEKEEPING FIRST. WE HAVE RECEIVED A NUMBER OF CARDS TONIGHT OF THOSE THAT WOULD EITHER WOULD LIKE TO SPEAK OR HAD STATED YOUR POSITION. THEY WERE HANDED TO ME AND IN ORDER, NOT RAKE THROUGH THAT ORDER. IF I MISPRONOUNCED YOUR NAME, I APOLOGIZE NOW. WE'VE ALSO RECEIVED SEVERAL EMAILS OF. BOTH SUPPORT AND OPPOSITION. PLEASE KNOW THAT THOSE WILL GO TO THE CITY COUNCIL IS PART OF OUR MINUTES. YOU WILL NOT READ THOSE TONIGHT, BUT REST ASSURED IF YOU HIT SIN. IT WILL GO TO THE CITY COUNCIL IS PART OF OUR MINUTES. NEXT WHEN YOU COME TO THE PODIUM WILL HAVE THREE MINUTES. AGAIN AS WE STATED EARLIER. IT IS IMPORTANT THAT YOU ARE INVOLVED IN THE PROCESS. THERE ARE A LOT OF CARDS AND IF YOU WILL, LET'S SIT HERE TOO. THE THREE MINUTES WHAT YOU HAVE TO SAY IS IMPORTANT. TO US. LET'S BE RESPECTFUL OF EACH OTHER. AND WITH THAT WE'LL START WITH THE CARDS IN ORDER. THEY WERE GIVEN TO MAKE. THE FIRST IS HAROLD VESTER B. SPEAKING IN OPPOSITION. THANK YOU. I DIDN'T REALLY WANT TO GO FIRST. BUT WHAT THE HECK? AND SPEAKING IN OPPOSITION TO THIS I LIVE ON ENCLAVE COURT 5000 0 5000 01 CONCLAVE COURT. THE END ON THE SOUTH SIDE OF EVERYTHING THAT YOU JUST SAW ON THE SCREENS THAT WERE UP THERE, BOUGHT THE HOUSE TWO YEARS AGO MOVED UP FROM MCKINNEY. I'M SORRY FROM PLANO, WHERE LIVED IN DOWNTOWN. THEY HAD BUILT A. BEING OUTSIDE

[00:55:08]

IT WAS A DOWNTOWN AREA. YOU EXPECT THAT WHEN YOU'RE THERE. I LIVED APPROXIMATELY WAS A LONG WALK WAS ABOUT A QUARTER MILE TO A HALF MILE. I CAN CLEARLY HEAR EVERYTHING. SO WHEN I HEAR THINGS LIKE DISHWASHER. NO, THAT'S NOT REALLY WHAT'S GONNA HAPPEN IF YOU GOT PEOPLE OUTSIDE UP UNTIL NINE O'CLOCK, WHATEVER YOU'RE GOING TO HEAR MORE THAN THAT, I CAN TELL YOU FROM EXPERIENCE. IT'S ONE OF THE REASONS I LIVE IN MCKINNEY NOW. SO I'M ALSO WITHIN THE 200 FT RANGE WITH MY NEW. SO I'M HOPING THAT YOU WILL TAKE INTO CONSIDERATION.

THE FACT THAT IT'S AN ODD, UM. I HAVE AN ODD BUSINESS TO PUT IN THE MIDDLE OF A RESIDENTIAL AREA TO START WITH. AND I'VE BEEN TO A LOT OF WEDDINGS. I'VE BEEN TO A LOT OF THESE WEDDINGS ARE USUALLY QUITE LOVELY. IT'S WHAT COMES AFTER THE WEDDINGS I GET MOST CONCERNED. IF YOU DON'T IF YOU ARE GOING TO PUT SOME KIND OF GAVE UP ON VILLAGE DRIVER VILLAGE, WHATEVER THAT WAS. THAT'S FINE. HOWEVER ON PLAY CAN'T HAVE THAT IN A SMALL STREET. WE'RE IN STONEBRIDGE RANCH RIGHT THERE ONE STREET, AND I CAN SEE THAT BECOMING CLOCK VERY, VERY QUICKLY WITH OVERFLOW PARKING. SO MY CONCERNS ARE THAT. ONE OF THINGS I LIKED ABOUT MCKINNEY IS THAT YOU GUYS HAVE A GOOD VISION. FOR WHAT GOES WHERE AND HOW IT'S GOING TO GET THERE AND HOW IT ALL WORKS TOGETHER. CAUGHT IN A RESIDENTIAL AREA. EXPECTING THAT WHEN THAT DIDN'T GET BUILT OUT. IT WOULD BE BUILT OUT WITH EXISTING ZONING THINGS THAT I COULD USE. DRY CLEANERS, DOCTOR'S OFFICE THAT SOMETHING LIKE THAT. A WEDDING VENUE IN THAT LOCATION WOULD NOT BE ANYTHING THAT I OR MY NEIGHBORS WOULD EVER PROBABLY HAVE AN OPPORTUNITY TO USE. SO IT'S SETTING SOMETHING FOREIGN IN THE MIDDLE OF OUR NEIGHBOURHOOD. I REALLY DON'T BELIEVE IS APPROPRIATE. CURRENT ZONING ALLOWS THE DEVELOPERS AND THE OWNERS TO MAKE PLENTY OF MONEY ON THAT THAT LAND. IF THEY NEED TEO, WHATEVER THEY WANT TO DO TO GET THE RETURN ON THEIR INVESTMENT. THIS WOULD BE AN ALBATROSS. THANK YOU. THANK YOU VERY MUCH. NEXT CARD IS MICHAEL CAMERON, SPEAKING IN OPPOSITION. GOOD EVENING. YOU CAN USE UNIQUE BY NATURE BECAUSE OF RESIDENTS LIKE YOU ALL. WHO HAVE STEPPED UP TO HELP GUIDE PREDICTABLE AND COHERENT GROWTH AND MCCANN E THANK YOU FOR SERVING KENNY. MCKINNIE CODE SAYS THAT ALL BUILDINGS LOCATED WITHIN THE CITY SHALL BE ERECTED IN CONFORMANCE WITH THE ZONING REGULATIONS OF THE ZONING DISTRICT IN WHICH THE BUILDING IS LOCATED. BECAUSE THIS PROPOSED DEVELOPMENT IS NOT IN CONFORMANCE WITH CURRENT ZONING REGULATIONS. THE DEVELOPER WOULD LIKE YOU TO ADOPT HIS PROPOSED REZONING SO HE CAN BUILD AN EVENT CENTER. WHICH IS GROSSLY INCOMPATIBLE WITH THE SURROUNDING AREA. LAST TIME WE WERE TOGETHER, I DISCUSSED THE LEGAL PRINCIPLE IS RELATED TO SPOT ZONING AND HOW TEXAS COURTS AND IN PARTICULAR THE TEXAS SUPREME COURT. HAS REJECTED ATTEMPTS TO IMPROPERLY REZONE PROPERTY AND I WOULD REFER TO YOU THE TEXAS SUPREME COURT CASE OF CITY OF FOUR VERSUS TIPPET. WHERE THEY GET INTO SOME DETAIL ON SPOT ZONING AND WHY IT'S INAPPROPRIATE. AND I THINK. WHAT THE COURT SAID.

THEY'RE APPLIES HERE. I CONTINUE TO BELIEVE THAT THIS IS IMPERMISSIBLE SPOT ZONING.

THAT HAVING BEEN SAID MY RHETORICAL QUESTION TO THE COMMISSION TONIGHT IS THIS. HOW MANY BITES AT THE APPLE? DOES A DEVELOPER GET HERE IN MCKINNEY? BECAUSE WE'VE BEEN HERE BEFORE, FOLKS. THIS PROJECT DUE RESPECT, MR MOSS HAS NOT CHANGED SIGNIFICANTLY FROM.

FROM WHEN WE WERE HERE IN JULY. I BELIEVE IT, WASS. THERE'S A CONCEPT IN THE LOW CALLED RESCUE TAKADA OR, YES, JU TAKADA, AND IT'S LATIN FOR THE THING HAS BEEN DECIDED. THE PRINCIPLE OF RESCUE TO KIND OF PROMOTES FAIRNESS AND HONESTY AND PREVENTS LEGAL ABUSE. IT APPLIES WHEN A PERSON FILES A LATER ACTION ON SUBSTANTIALLY THE SAME MATTER AFTER HAVING RECEIVED A DETERMINATION IN A PREVIOUS ACTION INVOLVING THE SAME PARTIES. I'M LOOKING AROUND, AND IT'S PRETTY MUCH THE SAME PARTIES IN THE SAME MATTER HERE TONIGHT. THE TEXAS COURTS AND ADMIN AGENCIES ARE REQUIRED TO FOLLOW THIS LEGAL PRINCIPLE. AND I KNOW THAT YOU'LL ARE A ADVISORY COMMISSION TO THE CITY COUNCIL. SO PERHAPS YOU'RE NOT TECHNICALLY DOWN TO FOLLOW THE TEXAS ADMINISTRATIVE CODE. TONIGHT YOU CAN STILL STAND FOR THE PRINCIPLE OF FAIRNESS AND STATE THAT THIS THING HAS ALREADY BEEN DECIDED BY YOU

[01:00:02]

IT HOLDS TRUE FOR MAGNOLIA TERRORISTS AS WELL. AND I'M SORRY. I DON'T HAVE ENOUGH TIME TO GO THROUGH THE REST OF THEIR CAMPS, BUT REST ASSURED IT. IF YOU'D JUST BEEN MAYBE 15 MINUTES LOOKING ON GOOGLE. THEY ARE NOTHING LIKE WHAT OUR NEIGHBORHOOD IS. THANK YOU.

MAKING MACHINE WRANGLE. THANK YOU FOR YOUR YOUR CHART AS WELL. APPRECIATE THAT. NEXT NEXT CARD IS FROM PATRICK JACKSON. SPEAKING IN OPPOSITION. I'M PATRICK JACKSON. I LIVE ABOUT. 200 YARDS 200 FT FROM WHERE THIS BUILDING IS SUPPOSED TO BE BUILT. MCKINNEY THE ONE MCKINNEY 2000 COMPREHENSIVE PLAN. WAS DEVELOPED TO GUIDE.

THE CITY OF MCKINNEY AND DEVELOPERS AND HOW THEY BUILD COMMERCIAL, RESIDENTIAL AND AMENITIES FOR THE CITY OF MCKINNEY. I THINK THIS THIS PROPOSAL IS NOT A. PRESIDENT OF LOCAL OR. NEIGHBORHOOD COMMERCIAL BUSINESS. IT'S A REGIONAL COMMERCIAL BUSINESS.

BECAUSE OF THAT. THE CODE, KENNY COMPREHENSIVE PLAN CALLS FOR. THIS TYPE OF BUSINESS TO

[01:05:01]

REQUIRES THAT ROD ARM FENCE BE PLACED ALONG A GREEN BELT. THE ENTIRE SOUTHERN BOUNDARY OF THIS PROPERTY IS A 15 FT GREEN BELT. THEY KEEP SAYING A MASONRY FENCE. I WOULD LIKE THAT. THE CITY PLANNERS TO COMMENT ON THAT BECAUSE I THINK THAT'S TOTALLY AUTUMN. THE REALM OF POSSIBILITY. AND I THINK THE DEVELOPERS PLAN B WAS REALLY DESIGNED. TO ENCOURAGE US AS RESIDENTS TO SAY HEY, TODAY WAS BETTER. PLAN B IS A MESS. AND, UH, YOU KNOW, JUST YOU THREATEN US WITH PUTTING UP. MAKE AN ENTRANCE TO THE PARKING SPACE. OFF OF VILLAGE DRIVE.

YES, YOU CAN DO IT. BUT THEN WHAT HAPPENS TO ALL THE TRAFFIC ON VILLAGE AND ALL THE NEIGHBORHOOD ON VILLAGE? I GUARANTEE WE'RE GOING TO BE COMPLAINING ABOUT THE TRAFFIC AND THE PARKING THE NOISE. THANK YOU FOR YOUR CONSIDERATION. THANK YOU, MR JACKSON. NEXT CARD, ER TARIQ. HELP. THAT'S ENOUGH. I HAVE SOME HANDOUTS, FI MAY HAVE PERMISSION TO PASS SOME OUT CUSTOM TO SOMEBODY. GOOD EVENING, LADIES AND GENTLEMEN, MY NAME IS. ERIC NASRALLAH, AND I LIVE IN THE MCKINNEY IN THE VILLAGE OF LAKE FOREST. AND I WAS HERE SPOKE LAST TIME AROUND. THERE'S A LOT WRONG WITH THIS PLAN THEIRS, BUT I WANT TO FOCUS ON ONE THING WHICH IS NEAR DEAR TO MY HEART, WHICH IS NOISE. IT'S I'M GOING TO BE A BIG PROBLEM. THE DEVELOPER DID NOTHING FROM THE PREVIOUS MEETING TO OVERCOME OUR CONCERNS. HE'S STILL GOING TO HAVE THE OUTSIDE GATHERING FROM THE OVERFLOW FROM INSIGHT, EVEN IF TOGETHER INSIDE OPENS THE DOORS. FOR THE OVERFLOW. THE NOISE LEVEL WILL BLEED OVER AND BEYOND THE BOUNDARIES OF THE PROPERTY, AND WHEN IT DOES WHO'S GOING TO ENFORCE IT. DO WE CALL THE POLICE EVERY TIME THE MUSIC'S TOO LOUD. DO WE HAVE THE POLICE COME OUT EVERY TIME WERE AFFECTED. OR IS THE POLICE GOING TO BE THERE? EVERY TIME THEY HAVE AN EVENT, JUST LIKE THE POLICES IN PUBLIC SCHOOLS NOWADAYS DURING SCHOOL HOURS LADIES AND GENTLEMEN, THIS IS OUR HOME. THIS IS NOT A PLACE WHERE WE VISIT. THIS IS NOT A PLACE THAT WE GO FOR A FEW HOURS AND LEAVE. THIS IS A PLACE WHERE WE COME TO RELAX AFTER WE GET OFF WORK. THIS IS A PLACE WHERE WE COME TO BE WITH OUR FAMILIES, OUR CHILDREN. AND IN MY CASE, OUR GRANDCHILDREN AFTER THE DAY IS DONE. I PERSONALLY WEAR HEARING AIDS. AND SOON AS I COME HOME, I WANT TO TAKE HIM UP BECAUSE I WANT TO ZONE OUT THE TRAFFIC NOISE. I CAN STILL HEAR IT EVEN WITHOUT MY HEARING AID, BUT HE GETS A LITTLE BETTER. CAN YOU IMAGINE THE NOISE OF THOSE BIG TRUCKS COMING IN? AND IN ONE OF THOSE HANDOUTS ON THE THIRD PAGE OF HIGHLIGHTED SOME OF THE DECIBELS OF CERTAIN THINGS. IT'S LIKE A DIESEL TRUCK OR LIKE A. CLAPPING WHEN, AFTER THE WEDDING IS PERFORMED, OR IF THE MUSIC ON THERE'S A DIFFERENT DECIBEL WHEN THE MUSIC IS ON WHEN THAT DINNER'S BEING SERVED. THERE'S A DIFFERENT DECIBEL WHEN THE MUSIC'S ON WHEN THEY'RE ACTUALLY DANCING. HEY. WHO'S GOING TO HELP US WHEN WE ARE HOME BECOMES. A PLACE WE'RE NOT RELAXED ANYMORE. WE'RE NOT CAN WE CAN'T BE THERE ON A REGULAR BASIS BECAUSE WE'RE BEING EMBEDDED. WE HAVE TO CLOSE OUR WINDOWS AND TURN UP OUR TV JUST TO TALK SEWN IT OUT. THIS IS VERY PERSONAL TO ME. MR SHAWN SANJAY MAY SHOW UP. AND COME AND SEE HIS VENUE AND WHEN THE NOISE IS TOO LOUD OR THE MUSIC'S TOO LOUD, HE JUST LEAVES AND GOES TO HIS HOME AWAY FROM THIS. HE DOESN'T LIVE HERE SO HE CAN GO AWAY AND HE COULD BE HAPPY WHERE WE HAVE TO LIVE WITH IT. NOW I NOTICED ON THE ON THE SIGN HERE, IT SAYS MCKINNEY FIRST AND THE TWO POINTS THAT REALLY STUCK IN MY HEAD ARE THE LAST TO THE TOP, AND THE BOTTOM ONE SAYS ENHANCE THE QUALITY OF LIFE IN BIKINI. THIS IS NOT ENHANCING THE QUALITY OF MY LIFE. AND THE SECOND ONE IS SAFE AND SECURE COMMUNITY. IF YOU LOOK AT THIS

[01:10:05]

[01:15:03]

HELLO. I'M BRAXTON MICKUM. I'M A 15 YEAR OLD SOON TO BE 16 AGAINST ME, KENNY BOY. NOW, AS A TEENAGER, I'M GOING TO TRY MY BEST TO GET MY POINT OF VIEW ON THE SITUATION. LET ME PUT SOMETHING IN PERSPECTIVE. I LIVED IN STONE BUT CROSSING FOR AS LONG AS I CAN REMEMBER. I LIVE IN A HOUSE THAT FACES A BEAUTIFUL PIECE OF LAND OR THE FIELD THEY'RE TRYING TO DEVELOP. AS MOST OF YOU KNOW, MCKINNEY WOOD IS JUST UNLIKE FORCE FROM THE AREA WE'RE TALKING ABOUT, MAKE ANY BORDERS HAD TWO MINUTES AND 15 MINUTES FROM THIS LAND, DEPENDING ON HOW FAST YOU CAN GET THROUGH VIRGINIA'S 15, MINUTE LONG LIFE. SPEAKING OF ON LIGHTS, HOW DO WE THINK A MULTISTORY EVENT CENTER WOULD AFFECT TRAFFIC ON VIRGINIA? I DON'T KNOW ABOUT YOU, BUT I'M THINKING A LOT. IT HAS A SOON TO BE DRIVER. THAT'S SOMETHING THAT REALLY WORRIES ME. FOR EXAMPLE. WHAT HAPPENS WHEN I'M DRIVING HOME FROM THE FRONT FROM A FRIEND'S HOUSE AT 10 30, THERE'S A CRAZY AMOUNT OF TRAFFIC AND POSSIBLY INTOXICATED DRIVERS. THAT'S WHEN MY SAFETY BECOMES A CONCERN. I ALSO WOULD PREFER MY STREET OR NEIGHBORHOOD. NOT TO BECOME A PARKING LOT FOR PEOPLE COULD NOT FIND A PARKING SPACE.

THAT IS ALSO IN MY SAFETY COMES IN CONCERN AGAIN. NOT EVEN SPECIFICALLY ROAD SAFETY, THOUGH SPEAKING OF SAFETY AS A SKATEBOARDER AND A SOCCER PLAYER, I FEEL HIGHLY UNCOMFORTABLE. AND UNSAFE SKATING AND PLAYING ON A ROAD WITH DRUNK DRIVERS. THAT DOESN'T ONLY PUT MY SAFETY AT RISK. IT PUTS MY LIFE EVEREST. UH WHAT ABOUT RANDOM PEOPLE OR INTOXICATED PEOPLE COMING FROM THE PARTY HEADING INTO MY NEIGHBORHOOD FOR WHATEVER REASON. LET'S THINK ABOUT SOMETHING REAL QUICK, IF THE PARTIES OR SPECIFICALLY ON WEEKENDS WHAT HAPPENS WHEN I'M GOING OUT WITH FRIENDS WITH DRUNK DRIVERS ON MY RAP HOME OR ON THE RIGHT THERE, OR EVEN IF I WANT TO GO TO BED EARLY AFTER A LONG WEEK OF SCHOOL, BUT I CAN'T FALL ASLEEP, DO THE IMMENSE AMOUNT OF THE NOISE. AND NO MATTER WHAT DAY THESE PARTIES WERE HELD, IT WILL AFFECT MY STUDYING. I STUDY EVERY DAY ALL WEEK. WHAT HAPPENS WHEN I'M IN MY ROOM, TRYING TO STUDY WITH ALL THE NOISE THAT WOULD END UP BEING A DISRUPTION OF MY STUDYING? LET ME GIVE YOU A FEW LAST COMPARISONS, CLOSE YOUR EYES AND IMAGINE WAKING UP ONE MORNING TO SEE A MULTI STORY TELL EVENTS IN HER ACROSS THE STREET. NOW IMAGINE WAKING UP TO A BEAUTIFUL, QUIET PIECE OF LAND WITH A BEAUTIFUL SUNRISE, WHICH IS NOT BLOCKED BY A MULTI STOREY BUILDING. OKAY. NOW CLOSE YOUR EYES AGAIN ONE LAST TIME AND IMAGINE WALKING OUT YOUR FRONT DOOR TTO QUIET, PEACEFUL EVENING WHILE HEADING OUT WITH FRIENDS ON A SAFE STREET. NOW IMAGINE WALKING OUT YOUR FRONT DOOR TO YOUR BUNCH OF LOUD MUSIC, BRIGHT LIGHTS AND A MULTI STOREY TALL BUILDING. OPEN YOUR EYES AGAIN.

WHAT DO YOU THINK ABOUT THAT? HOW WOULD YOU FEEL NOW? LET ME ASK YOU ONE LAST QUESTION BEFORE I GO, ARE WE MCKINNEY OR WE JUST MAKE THE NEXT CONCRETE JUNGLE LIKE DALLAS. THANK YOU FOR LISTENING. AND I PRAY THAT YOU VOTE AGAINST THIS DEVELOPED THANK YOU. MAKING BRAXTON. NEXT HEART, MICHAEL MAKE, UM SPEAKING OPPOSITION. THANK YOU, COMMISSION AND STAFF FOR HEARING US OUT TONIGHT. I AM MICHAEL. MIKA MY LIVINGSTONE BUT CROSSING AND I AM AN EVENT PLANNER FOR 20 YEARS, SO YOU WOULD THINK THAT I WOULD BE REALLY EXCITED TO LIVE NEXT TO AN EVENT CENTER. HOWEVER. I KNOW THE INS AND OUTS OF AN EVENT OPERATION. I KNOW HOW THINGS START IN THE MORNING AND GO TILL LATE AT NIGHT, AND I ALSO KNOW HOW HARD IT IS TO SHUT DOWN A GOOD PARTY, SO I'M EXTREMELY SENSITIVE TO THIS DEVELOPMENT. AND WHAT IT COULD POSSIBLY BRING TO MY HOUSE. MY NEIGHBORS IN MY COMMUNITY. I'M ALSO SURPRISED BY THE LETTERS OF SUPPORT. THEY WERE NOT INCLUDED IN THE PACKAGE ON FRIDAY, SO I WOULD LOVE TO KNOW WHEN THEY CAME IN AND HOW THEY CAME IN. PERHAPS IT WAS FROM DAD. THAT THE APPLICANT POSTED THROUGH A MEDIA PROGRAM WITH THE ALTERNATE PLAN ATTACHED AS AN EITHER OR SCENARIO. SO THE SUPPORT LETTERS COULD ALSO BE CONSTRUED AS OPPOSITION FOR THE

[01:20:06]

CLEARLY YOU CAN TELL THE MEDIUMS OR VERY CLOSE TO THIS, AND THE PURPOSE OF THAT IS BECAUSE WE LIVE DIRECTLY ACROSS FROM IT. WE LITERALLY WILL LOOK ONTO THIS AND IT WILL AFFECT OUR CHILDREN AND OUR LIVES. SO ONCE AGAIN, I'M IN FRONT OF YOU PUBLIC SPEAKING, WHICH IS SOMETHING I HATE TO DO, AND I MADE THAT CLEAR THE LAST TIME THAT ONCE AGAIN I'VE ASKED MY KIDS TO USE THEIR VOICE. MY HUSBAND, HE'S USING HIS DAILY AND NOW IT'S MY TURN TO USE MINE. I DON'T STRONG, FEEL STRONGLY ENOUGH ABOUT NOT DOING IT BECAUSE I BELIEVE IT'S THE BEST FOR MY FAMILY. MY NEIGHBOURS AND MY COMMUNITY. I COULD SPEND ALL THE TIME RIGHT NOW THAT I HAVE THE THREE MINUTES REMINDING OF ALL THE ISSUES THAT WE HAVE THE SPACE.

OUTDOORS THE OVERNIGHT SWEETS, OUTDOOR NOISE, THE LIGHTS EVERYTHING, BUT INSTEAD I WANT TO SPEAK TO YOU ABOUT THE BLATANT DISREGARD FOR THE RESIDENTS OF MCKINNEY THE AMOUNT OF TIME WE HAVE ALL SPENT TO RESEARCH THE FACTS MEET WITH STAFF AND APPLICANT DO COMMUNITY OUR TO REACH HAS TAKEN SO MUCH TIME AWAY FROM ALL OF OUR FAMILIES. WE HAVE A 16 YEAR OLD SON, WHO YOU JUST MET. WE HAVE A COUPLE OF YEARS LEFT AT HOME WITH THEM INSTEAD OF SPENDING TIME AT HOME WITH HIM. WE'RE WORKING ON THIS. THAT IS NOT THE WAY WE SHOULD BE SPENDING OUR LAST YEARS WITH HIM. I BELIEVE THAT THE REASON WE'RE IN FRONT OF YOU AGAIN IS BECAUSE THE APPLICANT ANTICIPATED THAT THE OPPOSITION WOULD GROW TIRED AND POSSIBLY GIVE UP WITH HOW WRONG THEY WERE. THE ADDITIONAL TIME HAS ALLOWED US TO BRING AWARENESS TO EVEN MORE RESIDENTS OF MCKINNEY. WE DOUBLE THE LETTERS OF OPPOSITION, WE ADDED A NEW PETITION WITH OVER 250 SIGNATURES AND THAT IS STILL GROWING. WE INCREASE THE GROUP PETITION FOR THOSE IN THE BUFFER ZONE TO FORCE THE SUPER MAJORITY. LOOK AT THE TURNOUT.

TONIGHT WE HAVE MORE RESIDENTS AND WE HAVE MORE CHILDREN WHO ARE THE FUTURE OF MCKINNEY. WE WILL GROW STRONGER AND WE WILL NOT GO AWAY. THE APPLICANT TRIED TO GAIN SUPPORT THROUGH FACEBOOK ADS USING AN ENDORSEMENT FROM A NEARBY WEDDING VENUE, WHICH BY THE WAY THAT VENUE IS THOUSANDS OF FEET FROM ANY RESIDENTS AS IT SHOULD BE. AND WHERE IS THE NATURAL PUBLIC SUPPORT FOR THAT ZONE? CHANGE? THERE ISN'T ANY. YOU DENIED THE REASON LAST TIME BASED ON OUTDOOR USE AND OVERALL SIZE. SADLY THESE THINGS HAVEN'T CHANGED AROUND TOO AND WE HOPE THAT YOU WILL VOTE WITH THE RESIDENTS AGAIN AND AS MANY TIMES AS IT TAKES TO GET THE AREAS OF CONCERN REMOVED, AND FOR THOSE OF US WHO CALL US WEST SIDERS AND SAY WE DON'T WANT DEVELOPMENT, AND WE WANT TO SAVE THE COWS, THEY'RE WRONG. WE WANT THAT LAND TO BE DEVELOPED THE WEIGHT HIS OWN AS A LOW DENSITY. RETAIL THAT WILL BENEFIT THE RESIDENTS AND THE CITY OF MCKINNEY. THE AREAS ON THAT WAY FOR A REASON. AND THAT IS THE REASON I BUILT MY HOUSE. THE VENUE IS NOT COMPATIBLE WITH SURROUNDINGS WILL RARELY BE USED BY OUR NEIGHBORHOOD WILL BRING LESSON AND JOB OPPORTUNITIES AND WILL CREATE ISSUES FOR THE RESIDENTS. THIS RE ZONE IS NOT RIGHT FOR OUR NEIGHBORHOOD, OUR DISTRICT OR THE CITY. WE ASK YOU TO SUPPORT AGAIN AND DENYING THIS REASON THANK YOU FOR YOUR TIME. THANK YOU, MISS SCHMIDT. NEXTCARD, EMILY. RIGHTMYER, EMILY. HI. I'M J. I'LL BE TELLING YOU WHY

[01:25:02]

LET WHEN I LIVE IN 5124 SANDY COURT, WHICH MEANS MY BACKYARD FACES DIRECTLY. ONTO HIS PROPERTY. FIRST I'D LIKE TO EXTEND SPECIAL THANKS TO JENNIFER ARNOLD AND JOE MAAS FOR THEIR ONGOING ASSISTANCE THROUGHOUT THIS PROCESS, REALLY APPRECIATE THAT. I WON'T LIST ALL THE GRIEVANCES SO MANY PEOPLE IN OUR COMMUNITY HAVE WITH THIS ZONING CHANGE PROPOSED DEVELOPMENT. YOU ALL MUST BE VERY FAMILIAR WITH THEM BY NOW, IF YOU'VE BEEN READING YOUR EMAILS AND VIEWING THE MANY OPPOSITION SIGNATURES, YOU'VE RECEIVED BOTH HARD COPY AND ONLINE. I'D LIKE, HOWEVER, TO RECAP WHERE WE STARTED AND WHERE WE ARE TODAY. MR JOSHI ORIGINALLY SUBMITTED A PROPOSAL FOR 45,000 SQUARE FOOT DEFENCE CENTRE WITH OUTDOOR AMUSEMENT.

THIS COMMISSION RIGHTLY RECOMMENDED AGAINST IT BECAUSE OF ITS CONCERNS WITH THE SIZE AND MAGNITUDE OF THE CENTER, ITS PROXIMITY TO MANY HOMES AND THE INEVITABLE NOISE DISTURBANCE IT WOULD CAUSE ON A REGULAR BASIS. FOR THE SURROUNDING HOMES. FACING AN INEVITABLE LOSS WITH THE SUPER MAJORITY VOTE IN CITY COUNCIL, MR JOSY JOSHY WITHDREW HIS REQUEST WITH THE EXPLANATION THAT HE WOULD WORK WITH THE COMMUNITY TO EVERYONE'S SATISFACTION AND THEN RE SUBMIT NEW PLANS. ACCORDINGLY. HE DIDN'T DO ANY OF THAT. INSTEAD HE MET ONCE WITH LESS THAN A DOZEN MEMBERS OF THE COMMUNITY AND ATTEMPTED TO CHANGE OUR COLLECTIVE OPINION TO FAVOR HIS ORIGINAL DESIGN. HE MADE IT ABUNDANTLY CLEAR THAT HE WOULD NOT WITHDRAW HIS REQUEST TO INCLUDE OUTDOOR ENTERTAINMENT, WHICH WAS KEY TO HIS VISION.

WHAT A CENTRAL POINT OF CONTENTION WITH HIS COMMUNITY. HE THEN MADE INSIGNIFICANT CHANGES TO HIS DESIGN, WHICH STILL ENABLES THE HIS VENUTO HOST HUNDREDS OF PEOPLE LAST COUNT WAS 800. AND TO STILL HAVE OUTDOOR ENTERTAINMENT AND OUTDOOR MUSIC. THERE ARE EXACTLY THE SAME. THESE ARE EXACTLY THE SAME ISSUES THAT CAUSED THIS COMMISSION TO RECOMMEND AGAINST IT IN THE FIRST PLACE. WHAT IS CONCERNING FOR THIS COMMUNITY AND SHOULD BE CONCERNING FOR OUR CITY REPRESENTATIVES THAT IN SPITE OF OVERWHELMING COMMUNITY OPPOSITION, MR JOSHI CONTINUES TO TRY TO RAMROD THIS UNREALISTIC PROPOSAL THROUGH OUR CITY GOVERNMENT AND WASTE TAXPAYER DOLLARS AND TIME IN THE PROCESS. OUR CONCERN IS THAT NOW FACING ANOTHER SUPER MAJORITY VOTE IN CITY COUNCIL, MR JOSHI WILL AGAIN WITHDRAW HIS PROPOSAL. PRETEND TO MAKE OTHER CHANGES TO IT, THEN SUBMIT A THIRD TIME. HOW MANY TIMES WILL MCKINNEY PNC ENTERTAINED THE SAME REJECTED PLAN? EQUALLY CONCERNING OUR THE BULLY TACTICS THIS DEVELOPER HAS EXHIBITED IN LIGHT OF A PROBABLE FAILURE TO THIS PASSING OF THIS PLAN, HE MANAGED TO CIRCULATE A PLAN B. THAT HE PROMISES TO PURSUE SHOULD PLAN TO GET REJECTED A PLAN B THAT WOULD SOMEHOW REQUIRE HIM TO RIP OUT EVEN

[01:30:01]

THEREBY ACTUALLY MAGNIFYING THE ORIGINAL ISSUES. SO MUCH FOR HIS CONCERN FOR THE COMMUNITY.

NEARLY 100% OF THE HOMEOWNERS IN THE BUFFER ZONE SURROUNDING THIS PROPERTY ARE OPPOSED TO THE ZONING CHANGE AN EVENT CENTER AND YOU HAVE HARD SIGNATURES TO PROVE IT. WE ADDITIONALLY CIRCULATED ONLINE POSITION PETITION. AND HAVE GATHERED 260, NOT 50 AT THIS POINT SIGNATURES. CAN. ANYWAY I'M OUT OF TIME. HOPE YOU ALL DO THE SAME THING YOU DID BEFORE AND REJECT THIS. THANK YOU. THANK YOU. BUT WHEN. X CARD. RUSTY JONES WERE TO SPEAK IN OPPOSITION. YES. THANK YOU VERY MUCH FOR HEARING US THIS EVENING. I ACTUALLY HADN'T PREPARED ANYTHING FOR KINGS. GIVE ME MY LIFE EXPERIENCE LIVING HERE. EVERY EVERY PROPOSAL I SAW THERE TONIGHT. I SAW MY PIECE OF PROPERTY. LOOKING DIRECTLY INTO THAT BIG PIECE PROBABLY IS COMING. I TAKE MY OWN PERSONAL EXPERIENCE WHEN YOU SIT ON OUR FRONT PORCH, LOOKING OUT ON THAT PROPERTY AS IT IS RIGHT NOW. SOMEONE IS SITTING IN THEIR CAR WITH THE WINDOW ROLLED DOWN. LIKE FOREST IN VIRGINIA, AND YOU CAN HEAR WITH THE MUSIC THEY'RE PLAYING. I JUST HOPE IT'S EIGHTIES ROCK. THAT'S ALL I ASK. THURSDAY AND FRIDAY NIGHTS SITTING ON OUR FRONT PORCH, YOU CAN HEAR THE MCKINNEY BOY BAND PRACTICING.

THEY PLAY FOOTBALL ON FRIDAY NIGHTS. YOU CAN HEAR THE BAND. YOU CAN HEAR THE FANS. YOU CAN END EVERYTHING AND THAT IS FIVE OR SIX BLOCKS AWAY. AND NOW WE'RE LOOKING AT EVENTS IN HERE THAT'S GOING RIGHT ACROSS THE STREET IN OUR HOUSE ACTUALLY FACE IS IT SO I'M GOING TO SAY IS FROM MY OWN PERSONAL EXPERIENCE. EVERYBODY HERE IS ALREADY EXPLAINED THE PROBLEMS WITH NOISE. I CAN TELL YOU THAT THE LIGHTS WILL BE A HUGE PROBLEM. 6 FT BY FOR OFFENSE IS NOT GOING TO HIDE. THESE BIG HALOGEN LIGHTS THAT WILL BE UP TILL 9 30 10 30 11 30 AT NIGHT.

IT'S A HUGE DISTURBANCE FARNERUD. HUGE DISTURBANCE TERM WAY OF LIFE. WE MOVE FROM PLANE UP TO MCKINNEY 20 YEARS AGO. TO GET AWAY FROM THIS EXACT SAME KIND OF THING OF COMMERCIAL ENCROACHMENT INTO NEIGHBORHOODS. THIS PROPERTY IS SURROUNDED BY FIVE NEIGHBORHOODS. WE'RE ASKING YOU TO PROTECT THOSE NEIGHBORHOODS. THANK YOU VERY MUCH. THANK YOU, MR JONES. THIS CART. GO OUT ON A LIMB, MISS JONES. IS THIS, TRACY PRESTIGE AS HIS WIFE. MY HUSBAND AND I WE MOVED HERE FROM THAT CONCRETE JUNGLE. WE MOVED TO ME, KENNY BECAUSE WE BELIEVE THAT IT WOULD BE THE BEST PLACE TO RAISE OUR SON. WE LOVE THE MASTER COMMUNITY THAT WAY IT'S BEEN PLANNED. WE FEEL SO BLESSED THAT WHEN WE'RE FINISHED WITH WORK AT THE END OF THE DAY THAT WE COME HOME. TWO MCKENNEY ARE BEAUTIFUL NEIGHBORHOOD. IT'S OUR SANCTUARY. THIS IS A VIOLATION. OF OUR HOMES AND OUR SANCTUARY AND OUR WAY OF LIFE. AND I CANNOT SAY THIS STRONGLY ENOUGH. AND IT SHOWS THAT I'M PASSIONATE ABOUT IT IS BECAUSE I AM AND I FIND THIS DEVELOPMENT TO BE EXTREMELY DISTRESSING. THEY ARE GOING TO BE LOTS OF LIGHT. LOTS OF NOISE. I DIDN'T EVEN CONSIDER THE ALCOHOL. THESE PEOPLE THAT'LL BE DRINKING AND BEING BROUGHT INTO OUR AREA MAY BE PARKING IN OUR NEIGHBORHOODS.

THIS IS A VIOLATION OF OUR SANCTUARY. THIS DOES NOT BELONG IN THIS COMMUNITY. IT IS NOT ZONED FOR THIS. THIS IS NOT WHAT WE WERE TOLD TO EXPECT WHEN WE PURCHASE OUR HOME. IN THIS NEIGHBORHOOD IN 2006. AND I AM ASKING YOU TO TURN THIS DOWN. I THANK YOU FOR YOUR CONSIDERATION. THANK YOU, MISS JONES. JUST A REMINDER. THERE ARE QUESTIONS THAT ARE COMING UP AND WE'RE MAKING NOTES AND WE'LL HAVE THE CITY STAFF IN THE APPLICANT ADDRESSED THOSE QUESTIONS. THE NEXT CARD IS KEITH HARBOR DO NOT WISH TO SPEAK, BUT I'M IN OPPOSITION, MR HARPER. YOU MAY COME TO THE PODIUM, PLEASE. THANK YOU. PART FOR THE CHANGE. I WASN'T QUITE SURE I'D BE ABLE TO MAKE IT. GOOD EVENING AND THANK YOU TO THE PLANNING AND ZONING COMMISSION AND STAFF FOR THE OPPORTUNITY TO SPEAK TONIGHT. MY NAME IS KEITH HARBOUR AND I RESIDE AT 7501 CREST AWAY COURT. I AM IN OPPOSITION TO THIS REZONING. I WAS FOR THE FIRST APPLICATION FOR THE FOLLOWING REASONS. HAVE BEEN NO SUBSTANTIVE UPDATES TO THE

[01:35:01]

HOPE HANNON, YOU KNOW TO SPEAK IN OPPOSITION. THE NEXT CARD IS KATARINA HARBOR. HOW DID I DO? DO YOU KNOW HOW TO SPEAK IN OPPOSITION? ANYONE ELSE WISH TO SPEAK TONIGHT? THAT IS THE LAST CARD THAT I HAVE YES. JOE JOHNS, WHEN MY FAMILY OWNS THE PROPERTY, AND WE FOUND IT.

SINCE 1997 AND OUR GRANDFATHER, MY GRANDFATHER, GREAT GRANDFATHER AND THEIR GREAT GREAT GRANDFATHER. HOME. BUT SINCE THE 1920. HE DIED IN 1953 AND LEFT PROPERTY. TO HIS SEVEN CHILDREN, DIVIDED IT. MY MOTHER WAS ONE OF THE RECIPIENTS OF THAT. AND WAIT. OWNS ALL THE PROPERTY DOWN TO THE TRAINING DIVERSITY IN CHURCH. AND. I WAITED AND I'M SORRY. MY COUSINS, THE CRUNCHERS. IN THE JOB. MONS OWNED THE PROPERTY ON THE SOUTH SIDE OF THE ROAD. WE ARE SOME OF THE PROPERTY AND THEY DID TO ME NOR SENATOR. I'VE STUDIED GOVERNMENT ALL MY LIFE, AND I'M AN ATTORNEY. AND I'M VERY. DISAPPOINTED IN THE NEIGHBOR'S OUT THERE AND I RESPECT ABSOLUTELY THEIR RIGHT TO SPEAK IN ANY MANNER THEY WANT YOU BUT. I THINK WE HAVE TO GET BACK TO THE FUNDAMENTAL PURPOSE OF GOVERNMENT AND THAT IS TO ALLOW CIVILIZATION TO OCCUR. AND. WHAT THEY'RE DOING, AND I'M AFRAID THEY'RE TRYING TO DO IT EVERY TIME WE HAVE HIS OWN IN CASE THIS IS ONLY CASES ONLY ASKED FOR TWO EXCEPTIONS. AS IT'S PRESENTED. SANJAY HAS COME UP AND DESIGNED TO PLAYING THAT MEETS EVERY ZONING CLASSIFICATIONS. JUST AS A REMINDER OF THE MINUTE NUMBER OF CHANGES HE'S REQUESTING. YOU HAVE A LARGER BUILDING. AND TIO HAVE OUTDOOR WEDDING PERFORMANCES. BASICALLY, THEY'RE ALL IDEAS. HE IS SATISFIED ALL THE THINGS WITH THE GUARD THE OUTDOOR. MY WIFE AND I LIVE AT 407, SOUTH TENNESSEE ST. AND THERE'S A WEDDING FACILITY WITHIN 100 FT. OF MY HOUSE. AND THE TOWN SQUARES WITHIN ABOUT 300 FT. I ENJOY LIVING NEAR YOURS. NOT THE CANNON NOISE THAT IS DISRUPTIVE. BUT I LOVE TO HEAR LIVES. GO ON DAILY, AND THAT SENSE OF PURPOSE IN LIVING. AND WHAT THE GOVERNMENT SHOULD NOT BE DOING IS TO OPPRESS. THE FREEDOM TO EXPLORER NEW WAYS FOR THEIR PROPERTY. I HAVE NEVER LIVED CELL DIVISION BECAUSE I DON'T BELIEVE IN

[01:40:07]

NO ONE ELSE. THAT BEING THE CASE, WHAT WILL DO IS JUST TAKE ACTION ON THE PUBLIC HEARING, AND IF, IN FACT WE CLOSE THE PUBLIC HEARING. THERE WERE NO OTHER OPPORTUNITY DURING THIS MEETING FOR ANYONE TO SPEAK. WHAT WE'LL DO IS ENTERTAIN QUESTIONS AND COMMENTS FROM THE AFRICAN AND. THE DEVELOPER. I'M SORRY, THE CITY STAFF. SO IF YOU HAVE SOMETHING YOU'D LIKE TO ADD TO THE CONVERSATION. THAT WOULD BE THE TIME. DO YOU HAVE A LIST OF QUESTIONS THAT WE WILL ADDRESS? WE WILL NOT ACKNOWLEDGE HANDS RAISING FROM THE AUDIENCE. IF YOU SAY OOPS, FORGOT SOMETHING OR YOU DIDN'T COVER IT. SO IF YOU'D LIKE TO SPEAK NOW BE THE TIME. WITH ALL DUE RESPECT TO THE STAFF, AND I KNOW THEY'VE WORKED HARD ON THIS, I THINK WHENEVER THEY COMPARE THIS DEVELOPMENT TO THE SCHOOL INTO THE NURSING FACILITY NEARBY, THE THING THAT THEY'RE MISSING IS THAT THE PRIMARY OBJECTIVE OF THOSE THINGS IS TO BENEFIT THE IMMEDIATE COMMUNITY. A BENEFIT THAT DISTRICT AWESOME. I GET IT. BUT WE TYPICALLY WE LET PEOPLE SPEAK ONE TIME ON A PARTICULAR ITEM, RIGHT? WHAT? WE'LL WHAT WE'LL DO. WE'RE GOING. WE'RE GOING TO STICK WITH THAT THERE WILL WILL GO TO THE CITY COUNCIL, REGARDLESS OF IF WE APPROVE IT. OR DISAPPROVE IT WILL TAKE. HE'S THE PROPERTY OWNER WOULD BE CONSIDERED THE APP AGAIN. LET'S HEAR FROM THE PROPERTY OWNER. VERY, VERY. AS I SAID THERE WAS TWO EXCEPTIONS TO THE CURRENT THE CURRENT ZONING. I'M SORRY. TWO EXCEPTIONS TO THE CURRENT ZONING AND MOST OF WHAT'S BEEN TALKED ABOUT MATTERS. DRUNK DRIVERS, LOUD NOISE LIGHTS, VERY PIERCING THEIR VIEW THEIR FRONT PORCH. VISUAL VISION HAS BEEN AFFECTED. AND ALL THOSE THINGS. I WASN'T PARTICULARLY THE LIGHTS, THE NOISE, DRUNK DRIVING CARS, THERE'S PARKING RIGHT SHOWS WE HAVE LAWS WITH REGARD TO EVERY ELEMENT. THEY HAVE SPOKEN. AND IF THE LAWS AREN'T SUFFICIENT NEED TO BE CHANGED, BUT I'M ENTITLED TO BE ABLETO LIVE IN A COMMUNITY WHOSE LAWS ARE ENFORCED. AND RESPECTED IN THEIR CELLAR. SIR. YES, MA'AM. THEN THEN WE'RE CUT IT OFF. COMING UP BECAUSE YOUR KIDS ARE HERE. IF YOUR KIDS HAD SPOKEN, HE WOULDN'T BE UP THERE. I JUST WANTEDTO ACTUALLY POINTED TO MR JOPLIN. I TOTALLY APPRECIATE YOU WANTING TO SELL YOUR LAND. CLEARLY EVERYBODY WANTS TO DO THAT. I HIGHLY DOUBT THAT YOUR GRANDKIDS WHAT? YOU WOULD WANT THIS TO BE BUILT WHERE THEY'RE BEING RAISED. AND YOU LIVING IN DOWN TOWN MECHANIC. YOU CHOOSE TO LIVE BY NOISE. WE BUILD THESE HOUSES WITH HIS OWN THE WAY IT'S OWN MAKING, COULD YOU COULD YOU ADDRESS I'M SORRY. IT'S ZONED. FOR SMALL RETAIL VILLAGE STYLE.

IT'S NOT ZONE FOR THIS, AND WE BOUGHT OUR HOMES WITH IT INTENDED TO BE ZONE THAT WAY IF HE CHOSE TO LIVE IN DOWNTOWN MCKINNEY, BY NOISE, I COMPLETELY APPRECIATE THAT.

IT'S LIKE PEOPLE LIVING IN DOWNTOWN DALLAS, BUT WE DIDN'T CHOOSE TO DO THAT AND WHERE IT'S BEING FORCED ON US NOW BECAUSE THERE'S PROPERTY FOR SALE THAT'S MY THANK YOU.

ANYONE THAT HAS NOT SPOKEN HADN'T DONE HAS NOT HAD THE OPPORTUNITY TO SPEAK IN THE PUBLIC HEARING. ANYONE ELSE WOULD LIKE TO ADD SOMETHING. YOU HAVE NOT SPOKEN IN THE PUBLIC HEARING. YOU'RE MORE THAN WELCOME TO. I'LL MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING. SECOND MOTION ON MR HECKLER CLOSE THE PUBLIC HEARING SECOND BY MR MCCALL. IS THERE ANY DISCUSSION? PLEASE CAST YOUR VOTES. THE MOTION CARRIES THE PUBLIC HEARING HAS

[01:45:12]

IS IT? GO. HAVE A QUESTION OVER HERE. YOU DID SAY THAT THERE IS A POSSIBILITY OF NOT HAVING ANY KIND OF OUTDOOR. FACILITY YOU MENTIONED THAT IF WE DON'T APPROVE IF WE SECOND NO OUTDOOR YOU ALSO SAID THAT I WROTE IT DOWN. THAT HE AGREED. NO LIVE BAND. DOES THAT MEAN NO LIVE MUSIC AS WELL OR NO MUSIC AS WELL? OKAY? YEAH, THE DEVELOPMENT REGULATIONS WOULD LIMIT THE USE OF SPEAKER EQUIPMENT AND THINGS LIKE THAT AFTER 9 P.M. SO YOU COULD USE THOSE IN THE DAYTIME, YOU KNOW, BEFORE 19. A CZ LONG AS THEY'RE WITHIN THE AGREED DECIBELS IN THE DEVELOPMENT REGULATIONS. OK, SO. WHAT? WHAT YOU SAID. ABOUT THE NATTO OR PART OF IT.

IT'S STILL HAPPEN, REGARDLESS. YEAH, BUT LIKE I SAID, THE USES OUTSIDER ARE FAIRLY LIMITED.

YOU COULD HAVE A WEDDING CEREMONY OR PHOTOGRAPHY OR A MEAL. YOU COULDN'T HAVE A DANCE PARTY WITH TJ AND I TODAY, AND WHEN I DIDN'T KNOW IF THAT ALSO INCLUDED LIKE OUR MUSIC. YEAH, I MEAN MUSIC WOULD STILL BE PERMITTED IN THE DAYTIME HOURS AS LONG AS THEY'RE WITHIN THE AGREED DECIBEL RANGE. THIS DEVELOPMENT REGULATIONS. SO I HAVE A REALLY QUICK QUESTION ABOUT THE CLARIFICATION ON THE SPEAKERS. I KNOW IT SAYS NO OUTDOOR SPEAKERS AND. DOES THAT INCLUDE IF THE VENUE HAS A PATHWAY WHERE IT'S OPEN, AND THEY'RE SPEAKERS RIGHT INSIDE THE DOOR, SAID THOSE SOUND COULD BE HEARD. WITH OUTSIDE END. INSIDE. SO FOR A PERFORMANCE STANDARDS THAT WE DO HAVE. OBVIOUSLY THOSE WOULD APPLY TO ANY INTERIOR AS WELL AS EXTERIOR ACTIVITIES. UM, THE LIMITATIONS ON SPEAKER EQUIPMENT, THINGS GO ABOVE AND BEYOND OUR STANDARD NOISE ORDINANCE. S O. AND THOSE AIR RELATED OUTDOOR ACTIVITIES.

HOWEVER ANY INTERIOR ACTIVITIES WOULD STILL NEED TO BE IN COMPLIANCE WITH OUR NOISE ORDINANCES SO TECHNICALLY, THEY COULD LIMIT OUTSIDE, BUT THEY COULD HAVE SPEAKERS RIGHT ON THE IMMEDIATE INSIDE OF THE DOORS IN THAT WOOD. AND THAT WOULDN'T NECESSARILY APPLIED.

WHAT THEY SAID ABOUT NOT HAVING OUTDOOR SPEAKERS AFTER NINE. IT WOULD JUST BE THE NORDS. ODIN IS RIGHT. YEAH, JUST STAND ALONG WITH THE NOISE ORDINANCE. AND I DON'T KNOW IF YOU CAN ANSWER THIS QUESTION. SO HOW DOES THAT EXACTLY WORK? IS THERE A WARNING FIRST, AND THEN THEY'RE SIGHTED. SO OUR NOISE ORDINANCE LIKE ALONE CITY ORDINANCES AND ENFORCED ARE ENFORCED. THE COMPLAINT BASED OBVIOUSLY WAY HAVE A CODE ENFORCEMENT TEAM. ON WHO IS AVAILABLE TO RESPOND TO CALLS FOR SOME REASON. THE DISTURBANCES AFTER HOURS THE POLICE WOULD RESPOND TO THAT SORT OF THING. AFTER. YOU KNOW IF IT'S A RECURRING PROBLEM, OUR CODE ENFORCEMENT OFFICE WOULD SET UP A CASE AND LOOK INTO THE ITEM AND MONITOR THE SITE. ANDI THAT WOULD BE. IT'S A COMPLETE BASED SYSTEM, HOWEVER. WAY THINK THAT GIVEN THE SPACE CONSTRAINTS AND THINGS IT'S POSSIBLE TO COMPLY WITH THE SOUND ORDINANCE HAS PROPOSED. IT'S A WHO WHO RECEIVED THAT. THAT WARNING IN THAT CITATION IS THAT THE ACTUAL OWNER OF THE FACILITY OR IS THAT THE PEOPLE WHO ARE HOSTING THE EVENT SO IT CAN HAPPEN IN A COUPLE OF WAYS LIKE LIKE JOE WAS MENTIONING IF IT HAPPENS DURING THE DAY, THEN OUR CODE ENFORCEMENT WOULD COME OUT AND RESPONDED WOULD PROBABLY BE THE PROPERTY MANAGER THAT'S ON SITE. THAT WOULD GET THE INTERACTION WITH THAT CODE OFFICER WITH WITH A CITATION GIVEN DEPENDING ON THE SCENARIO, A LOT OF TIMES THEY'LL COME OUT TOO. HEY, KNOCK IT OFF IF THEY'RE CONTINUING TO GET CALLS AND HAVING TO COME OUT DURING THE DAY OR IF IT'S POLICE HAVING TO COME OUT. AFTER HOURS THEIR FIRST LINE OF DEFENSE, IF YOU WILL IS GOING TO BE TOO HEY, HEY, TURN THE MUSIC DOWN OR KNOCK IT OFF. YOU'RE TOO LOUD.

MOST TIMES, FOLKS COMPLY IF THEY'RE HAVING TO CONTINUE TO COME OUT. THEY WILL SEND A VIOLATION LETTER TO THE OWNER OF THE PROPERTY AND AFTER A CERTAIN NUMBER OF VIOLATION LETTERS THE CITY HAS AT ITS DISCRETION. THE ABILITY TO. NOT ONLY FIND THE PROPERTY OWNER BUT ALSO TO PURSUE ANY LEGAL ACTION THAT WE DEEM NECESSARY. AND WE'VE GOT A CASE NOW,

[01:50:02]

THAT THERE WOULDN'T BE THAT ISSUE BASED ON WHAT'S BEING PROPOSED SO WELL AND I'LL LET JOE IF HE'S GOT MORE TO ADD, BUT YES, WE'VE ACTUALLY COORDINATED PRETTY CLOSELY WITH OUR CODE ENFORCEMENT TEAM IN LIGHT OF THIS REZONING REQUEST. TO MAKE SURE THAT WE FULLY UNDERSTOOD WHAT THE SORT OF RECOURSE IS FROM THE CITY IN TERMS OF IF THERE WAS AN ISSUE WITH THE NOISE AS A CONSISTENT ISSUE. QUESTIONS. THE MOSQUE IN YOU HIGHLIGHT. WHAT HAS CHANGED OR WHAT HAS BEEN THE PROPOSED CHANGES FROM THE LAST SUBMITTAL. ABSOLUTELY YEAH. SO FROM THE PREVIOUS SUBMITTAL, THEY HAVE TIED DOWN THE LAYOUT OF THE EVENTS. YOU HAVE TO BE VENUES FOR WEDDING. AND BANQUET HALL USES. SO IF YOU'RE GONNA HAVE THOSE OUTDOOR USES, YOU WOULD NEED TO CONFORM WITH THAT LAYO THEY'VE ALSO RESTRICTED THE TYPES OF ACTIVITIES THAT CAN HAPPEN IN THE OUTDOOR USES. LIKE I SAID, THEY'RE LIMITING THOSE TWO WEDDING CEREMONIES, FOOD SERVICE AND PHOTOGRAPHY. THEY'VE ALSO ADDED ADDITIONAL RESTRICTIONS ON THE DECIBEL LEVELS. LIKE I SAID, THEY'VE. MOVE THOSE UP FROM OUR CITY ORDINANCES TO REQUIRED, YOU KNOW, BASICALLY. NO SPEAKER EQUIPMENT. NO BASICALLY, NO MUSIC OUTSIDE. IS THIS ACTUALLY MEAN WHAT IT BOILS DOWN TO BE IN COMPLIANCE BETWEEN THE HOURS OF NINE PM AND AM. COMPARED TO SOME OF OUR CITY ORDINANCES WHICH COULD ALLOW TO 11 30 ON WEEKEND. SO THEY'RE GETTING ADDITIONAL QUITE HOURS THAT WAY. THEY ARE ALSO INCLUDING ADDITIONAL. SCREENING PROVISIONS AND THINGS AND I THINK A LOT OF THOSE HAVE BEEN DISCUSSED. HOWEVER, THEY ARE TYING THOSE IN WHEN IT COMES TO THE FENCING OFF OF ON VILLAGE DRIVE. SO THAT WOULD BE REQUIRED FOR THE LAYOUT. AND I THINK THAT THOSE WERE KIND OF SOME OF THE MAJOR CHANGES AS WELL AS THIE REDUCTION FROM A 45,000 SQUARE FOOT CAP TO A 38,000 SQUARE FOOT. AND THE REDUCTION OF SQUARE FOOT. THERE'S STILL PROPOSING 800 PARTICIPANTS OR PATRONS THAT DIDN'T CHANGE. I AM NOT SURE WHAT THE INTERIOR CAPACITY I'LL DEFER TO THE APPLICANT AND I DO WANT I THINK THAT IS SOMETHING THAT JOE AND I, IN PARTICULAR, HAVE SPOKEN TO A COUPLE OF RESIDENTS ABOUT ON. I WANT TO CLARIFY THAT. A CAPACITY OF THE INTERIOR OF THE BUILDING IS NOT NECESSARILY IS IT'S NOT. IT IS NOT A ZONING ITEM. YORK INTERNAL CAPACITY IS GOING TO BE BASED ON YOUR BUILDING SIZE. ULTIMATELY, THE ABILITY TO BUILD THE SITE. BUILDING THAT YOU WANT. AND THEN WHEN YOU'RE GOING THROUGH YOUR BUILDING PERMIT REVIEW OUR BUILDING INSPECTIONS DEPARTMENT ALONG WITH OUR FIRE MARSHAL'S OFFICE. THEY'RE GOING TIO HEAVILY DICTATE WHAT THE ULTIMATE CAPACITY COULD BE BASED ON HOW MANY FIRE X THAT YOU HAVE. ON ALL OF THE INTERIOR BUILDING DESIGN IS PART OF THAT. SO I DO KNOW THAT THE 800 PATRON CAPACITY IS A NUMBER THAT'S BEEN MENTIONED BY THE APPLE CAMPUS THAT HAS NOT BEEN REVIEWED OR EVALUATED BY. CITY STAFF IN ANY WAY, SHAPE OR FORM TO SAY YES. THAT'S ABSOLUTELY WHAT THEY WOULD HAVE. WE HAVE NO WAY OF KNOWING THAT UNTIL WE GET A, UH, BUILDING FOOTPRINT AND OUR BUILDING INSPECTIONS TEAM CAN REVIEW THAT. MAN. I BELIEVE WHEN THE RESIDENTS HAD A QUESTION ABOUT THE WROUGHT IRON ANIMATION RE SCREENING BETWEEN THE TWO FACILITIES AND THE REQUIREMENTS THERE BELIEVE IT'S MASON ERI. I BELIEVE PART OF THAT. IS ALSO TO STOP THE HEADLIGHTS BACK AND FORTH AS FAR AS THAT GOES, WHICH WAS ANOTHER CONCERN ALONG THE WAY.

UM. ME AGAIN. I'M SORRY YOU HAD TO DO IT A NUMBER OF TIMES. WHAT IS ALLOWABLE RIGHT NOW AS IT SITS. SURE AS A ZIT SITS CURRENTLY YOU COULD HAVE BACK UP HERE. WHAT A LITTLE TOO FAR.

THIS IS THE CURRENT ZONING BREAKDOWN IN THE YELLOW TRACKED YOU HAVE ALLOWABLE RETAIL USES.

[01:55:05]

HOWEVER, IT DOES ALSO PERMIT INDOOR AMUSEMENT TIME SO YOU COULD HAVE AN INDOOR VENUE ON THAT ZONING CURRENTLY. TRACT ALSO DOES HAVE THAT 15,000 SQUARE FOOT BUILDING CAP. SO.

IF YOU'RE GONNA BUILD ANYTHING, IT WOULD NEED TO BE WITHIN THAT 15,000 SQUARE FOOT MAXIMUM.

CURRENTLY THE. EXISTING ZONING DOES NOT ACTUALLY HAVE A REQUIREMENT FOR BROAD IRON ALONG WELL, REALLY ANY OF IT THE P D DOES SPEAK TO SUN WROUGHT IRON, BUT THOSE AIR ON ADDITIONAL TRACKS THAT ARE NOT RELATED TO TRACK SEVEN HERE. AND SO THE MASONRY WALL WOULD BE AN AVAILABLE OPTION. TO SCREEN BUT IT WOULDN'T BE REQUIRED UNDER THE CURRENT. YOU COULD HAVE A MASON. YOU COULD HAVE A ROUND ON OFFENSE. WITH SCREENING SHRUBS UNDER OUR CURRENT ORDINANCE FOR SCREENING FROM COMMERCIAL TO RESIDENTIAL DEVELOPMENTS. THAT'S WHAT'S BEING PROPOSED ON THE VILLAGE DRIVE. IT'S RUT IRON WITH MASONRY COLUMNS WITH A LIVING SCREENING IN FRONT OF THE YES WITH WITH SCREENING SHRUBS THAT THE WROUGHT IRON WOULD BE ALONG VILLAGE MASONRY WALL WOULD BE ALONG THE DIRECT ADJACENCY TO RESIDENTIAL. I KNEW SEVERAL FOLKS BROUGHT UP TRAFFIC AND BACK THE BACKUP ON THURSDAYS AND FRIDAYS, WHICH WILL ALSO BE PROBABLY TRAFFIC TIME FROM THEN. YOU LIKE THOSE? I SPEAK A LITTLE BIT TO THAT AND WHAT? YOU WHAT HE'S INVESTIGATED ON THAT. SURE. SO YOU KNOW, OBVIOUSLY WE HAVE A LOT OF ARTERIAL TOE. ARTERIAL INTERSECTIONS WITH COMMERCIAL DEVELOPMENTS. ARTERIAL ROADWAYS OR GENERALLY CAPABLE OF HANDLING LARGE VOLUMES OF TRAFFIC. OBVIOUSLY WHEN YOU HAVE A BIG EVENT LIKE A STADIUM, LETTING OUT THERE'S OBVIOUSLY GONNA BE A LOT OF PEOPLE COMING THROUGH. THAT SAID WHEN THEY SUBMIT SITE PLAN FOR THIS SIGHT, WHETHER UNDER THE CURRENT ZONING OR THE PROPOSED. IT WOULD GO THROUGH OUR ENGINEERING DEPARTMENT WHO WOULD DETERMINE WHETHER OR NOT THEY NEED TO HAVE A TRAFFIC IMPACT STUDY DONE. IF THEY DO, OBVIOUSLY, THAT WOULD BE SOMETHING THAT THEY WOULD BE REQUIRED TO SUBMIT BEFORE CITY WOULD SIGN OFF. IF IT'S NOT SOMETHING THAT THEY FEEL IS GOING TO GENERATE ENOUGH TRAFFIC TO WARRANT THAT STUDY. THEY WOULD JUST BE LOOKING FOR ALL THE OTHER ENGINEERING CRITERIA TO MAKE SURE THAT. ACCESS IN CIRCULATION MOVES SAFELY THROUGH THE SITE. NO ONE ELSE. NO, THERE WAS A QUESTION ABOUT LIGHT POLLUTION. UM, CAN YOU SPEAK TO THE LIGHTING ORDINANCE AND HOW THAT'S ENFORCED? YES. SO AGAIN, THE P D DOES HAVE SOME SPECIFIC REQUIREMENTS WITH THE LIGHTING. LIKE I SAID, IT DOES REQUIRE THOSE FULL CUT OFF LUMINARIES TO HELP GUARD AGAINST RESIDENTIAL POLLUTION. IN FACT, IT ALSO GIVES A NUMBER OF MAXIMUM. YOU KNOW CANDLES THAT COULD. PEEK OVER TO AN ADJACENT RESIDENTIAL DEVELOPMENT. I BELIEVE THAT'S HALF A CANDLE IS THE MEASUREMENT THERE IN THE PT. WHICH IS ACTUALLY EXACTLY WHAT IS CURRENTLY ON THE ON THE ZONING AS WELL. THAT MAXIMUM NUMBER OF CANDLES IS SO THAT'S GONNA BE CONGRUENT WHETHER IT'S THE PROPOSE OWNING OR THE CURRENT SONY. ADDITIONALLY THE CITY DOES HAVE ORDINANCES REGARDING LIGHT POLLUTION FROM MERCIAL DEVELOPMENTS ON TO RESIDENTIAL. OBVIOUSLY WAY. LOOK AT THOSE LIGHTING PLANS WHEN THEY GET SUBMITTED. OUR BUILDING INSPECTIONS GROUP DOES CHECK FOR THOSE. AND IF THERE WERE FOUND TO BE AN ISSUE, OBVIOUSLY, YOU KNOW YOU CONTACT OUR CODE ENFORCEMENT TEAM, AND WE WOULD WE WOULD HAVE SOMEBODY GO CHECK IT OUT. SO I HEARD A COUPLE OF PEOPLE MENTIONED SEVEN STORIES. TELL ME STORIES AGAIN. THE PROPOSED BUILDING IS TWO STOREYS, UM, WITH A ARCHITECTURAL KIND OF ROTUNDA THAT EXTENDS ABOUT THAT. HEIGHT OF 45 FT OR SO THE MAXIMUM PROPOSED HEIGHT IS 40. FT. UM, HOW WE MEASURE HEIGHT IN CITIES. MCKINNEY IS GABLED ROOF. WE WILL MEASURE TO THE MID POINT OF THAT GABLED ROOF. WE DO HAVE A PROVISION IN OUR HEIGHT RESTRICTIONS THAT WOULD ALLOW ARCHITECTURAL FEATURES AND THINGS TO EXTEND BEYOND THAT STANDARD HEIGHT LIMIT.

OBVIOUSLY, THEY HAVE TO BE UNOCCUPIED SPACES. AND IT CAN GO UP AND HEIGHT WITH ADDITIONAL SETBACK. THAT'S WHAT'S BEING REQUESTED HERE. OTHER QUESTIONS NO MORE. I

[02:00:12]

OBVIOUSLY WE WOULD HAVE TO LOOK INTO THAT SEE WHAT'S POSSIBLE BECAUSE THAT WOULD BE.

CONSIDERABLE DOWN OF THE TIME TO LOOK THROUGH. WITH THE VOLUME OF LETTERS WE'VE RECEIVED ON THIS PARTICULAR PROPOSAL. YOU'RE REFERRING TO THE ONES AND SUPPORTER OF THE ONES AGAIN. OKAY, OKAY. AND I GUESS MY QUESTION THESE AIR SOMEBODY DIRECTLY TO THE DEVELOPER, AND THEN THEY'RE PROVIDED CITY OR THESE. THEY WERE. THEY WERE CEMENTED DEVELOPER. AND I THINK THE SORT OF SIMPLE ANSWER IS. WE DON'T FILTER THE LETTERS THAT WE RECEIVED. WE OBVIOUSLY LOOK AT THEM TO GET A GAUGE OF WHAT THE COMMENTS ARE. WE TAKE NOTE MENTALLY OF WHERE SOME OF THEM HAVE COME IN THAT IN TERMS OF FILTERING THEM, TIO INCLUDE OR NOT INCLUDE. THAT'S NOT SOMETHING THAT WE DO. WE WILL PROVIDE WHATEVER IT IS WE GET TO THE PNC INTO THE COUNCIL. ACCORDINGLY. DO THE ONES THAT ARE ACTUALLY NOT EVEN FROM MCKINNEY DESERVES TO BE IN OUR PACKAGES WITH. FLOWER MOUND THAT THIS SAYS WE, THE UNDERSIGNED RESIDENT STEAK AU HOLDER OF MCKINNEY, BUT YET WE'RE INCLUDING HIM IN OUR BAGGAGE. SO AS A STAFF MEMBER, YOU KNOW, AND THE PUBLIC PROCESS THAT WE GO THROUGH WHEN WE GET THOSE LETTERS, WAY. DISCLOSE ALL OF THAT INFORMATION TO PNC. AND YOU CAN MAKE THE SAME EVALUATION THAT WE WOULD FIRST FOR SOME OF THEM. NO ONE ELSE. COLONEL DO YOU HAVE ANYTHING FROM A STAFF PERSPECTIVE THAT YOU NEED TO WEIGH IN ON HERE? YEAH. I THINK JOE DID A REALLY NICE JOB OF TRYING TO CAPTURE THE CHANGES THAT HAVE OCCURRED. YOU KNOW, WE'VE SPENT PART OF A TIME WITH THE APPLICANT IS WELLS WITH SEVERAL OF THE RESIDENTS TOW WALK THROUGH WITH THOSE ARE WE DO RECOGNIZE AND APPRECIATE THAT THERE IS CONCERN FROM THE ADJACENT RESIDENTS. A CZ JOE TALKED ABOUT FROM THE PREVIOUS REZONING REQUEST TO THE ONE

[02:05:05]

THEY ARE. NORMALLY TYING THAT DOWN NOW, SO IF THIS ITEM WERE TO BE APPROVED, AN EVENT CENTER WITH OUTDOOR SPACES WOULD BE REQUIRED TO DEVELOP IN ACCORDANCE WITH THAT LAYOUT THAT'S TIED DOWN SO. I JUST WANTED TO MAKE A COUPLE OF NOTES REGARDING THAT AND THEN OBVIOUSLY WE'VE TALKED ABOUT A LOT ABOUT LETTERS OF OPPOSITION AS IT RELATES TO THE VOTE.

LETTERS OF OPPOSITION ARE YOU KNOW THAT THOSE ATTACHMENTS THAT YOU SEE IN YOUR PACKET? THOSE ARE DIFFERENT FROM A WRITTEN PROTEST, AND THERE IS A FORMAL WRITTEN PROTEST ON THIS, WHICH IS GOVERNED BY STATE LAW AND THE CITY ZONING ORDINANCE. THE WRITTEN PROTEST IS SOMETHING THAT WE DO EVALUATE. MORE FORMALLY AS A STAFF. IT IS REPRESENTATIVE OF PROPERTY OWNERS, UM WITHIN 200 FT OF THE SUBJECT PROPERTY AND IF WE OBTAIN SIGNATURES VALIDATED SIGNATURES FOR PROPERTY OWNERS REPRESENTING MORE THAN 20% OF THE AREA. WITHIN THAT 200 FT BUFFER, A SUPERMAJORITY REQUIREMENT IS THERE FOR APPROVAL OF THE ITEM THAT COUNSEL AS COMMISSIONER? MAN'S I MENTIONED EARLIER WITH ONLY SIX SEEDED COUNCIL MEMBERS RIGHT NOW, THAT MEANS THAT IT WOULD REQUIRE ALL SIX TO VOTE IN SUPPORT OF THIS COURT TO GAIN APPROVAL, SO. WITH THAT IF YOU'VE GOT ANY OTHER QUESTIONS FOR ME, I'M HAPPY TO ANSWER THEM, BUT THAT WAS SORT OF MY HIGH LEVEL OVERVIEW THAT I WANTED TO MAKE SURE IT WAS CLARIFIED ON THE RECORD. PERSONS OF STAFF. THANK YOU, JOE. THANK YOU. JENNIFER. DO YOU HAVE QUESTIONS OF THE AFRICAN YOU. WON ALL RIGHT. YOU MAY. UH I WAS BACK AND FORTH ON THIS, UH. IT'S A ZONING CASE. IT'S IN. AND THE PROS ON THIS IS IT'S BRINGING BUSINESSES.

MCKINNEY IT'S ERM AND THEN I'M ALL FOR THAT. AND THAT WAS THOSE OF THE PROS. THE CONS ON THIS IT BACKS UP TO A SINGLE FAMILY. I JUST CAN'T LIVE WITH THAT. UH IN THE CREEK ON THE PROPERTY THAT COULD BE FLOODING THE NOISE. AND THEN THE OVERFLOW ON POSSIBLE EVENTS THERE. I MEAN, AND I KNOW THAT'S NOT WHAT WE'RE HERE TO VOTE FOR, BUT. I MEAN, BASICALLY, IT IS MY OPINION. I MEAN THE SURROUNDING NEIGHBORS. I'VE BEEN HERE THREE TIMES, EVEN MOHR THAT I MEAN, ONE WAS EVEN TABLE. SO I MEAN, I'M JUST KIND OF AT A CROSSROADS, BUT I MEAN, WITH 22 PEOPLE THAT CAME IN OPPOSITION TO SPEAK, AND THEY'VE BEEN HERE THREE TIMES TO DO THAT. FROM UNDERVOTED. CARPET. GO RIGHT AHEAD. I'LL LET MY BOATS DO I SPEAK. I DON'T KNOW OF, UH, EVER BEEN HAPPIER THAN MY VOTE REALLY DOESN'T MATTER, CONSIDERING IT'S GONNA GO TO CITY COUNCIL. IT'S A VERY HARD ONE. I DON'T. I CAN SEE BOTH SIDES OF THIS. I MEAN, I THINK THE APPLICANT HAS WORKED WITH STAFF STAFF PROVIDED RECOMMENDATION. I DON'T DOUBT STAFF WANTS THE BEST FOR MCKINNEY AND ITS RESIDENTS ON WAYS EVERY DECISION HEAVILY ALONG THAT THREE AFRICAN HAS GIVEN. A LARGE BUFFER TO THE BACK. SET IT FORWARD. ALONG THOSE CASES AND JUST HIT ON THE ONLINE PETITION AND THE OTHER LETTERS.

I APPRECIATE STAFF, NOT FILTERING ANYTHING. GET TO US. WE NEED A WAY THAT I WILL TELL BOTH PARTIES. ONLINE PETITION AND YOUR FACEBOOK ADS ON LY WATER DOWN ACTUAL COMMENTS. THE BEST COMMENTS ARE ACTUALLY PHYSICAL HERE WITH RESIDENTS THAT LIVE NEARBY, UM TWO TAKEN EFFECT. I'M GETTING 250 PEOPLE TO SIGN SOMETHING MCKINNEY THAT WE CAN'T EVEN TELL THEIR MCKINNEY. THEY WON'T ADD COMMENTS TO IT OR SOME OF THE COMMENTS ARE WE WANT TO KEEP THE GREEN LAND THAT ALSO IS JUST AGAINST. BECAUSE WE DEAL BELIEVE IN ABILITY FOR SOMEBODY TO DEVELOP THEIR LAND. SO THIS ONLINE PETITION RACE TO MY PERSONAL OPINION DOES NEITHER OF YOU ANY GOOD. COURSE THAT GOES SO. I APPRECIATE THE AFRICAN WORKING ESPECIALLY

[02:10:04]

SO I WOULD ECHO A LOT OF THE SAME CONCERNS. MR MAN'S HAS SO SOUND LIKE, NOT SOUND LIKE A BROKEN RECORD OF START BY SAYING, I APPRECIATE THE CITIZENS INPUT AND COMMENTS AND THE. THE DEVELOPER WORKING WITH THE CITIZENS TO TRY TO MITIGATE SOME OF OUR CONCERNS INITIALLY.

BUT THERE IS AN EXISTING ZONING. HERE IT IS FOR COMMERCIAL. IT WILL NOT REMAIN A GREENFIELD FOREVER. BUT WITH THAN EVENT CENTER IS OH, RIGHT. RIGHT DEVELOPMENT FOR THIS AREA, AND IT WILL NOT BE SUPPORTING. SO FIRST OF ALL, I'LL SAY, I REALLY APPRECIATE SEEING YOUNG PEOPLE COME IN AND IN WHAT'S HAPPENING IN THEIR COMMUNITY, AND I WOULD LOVE TO SEE MORE. ALSO I AGAIN I'M KIND OF. REITERATE SOME OF THE COMMENTS. I HAVE SAID BEFORE.

THIS IS NOT AN UNEASE E ONE AND IS VERY PRETTY IS I THINK IT BRINGS JOBS AND OPPORTUNITY TO THE CITY. BUT I ALSO WAY IS THIS THE BEST? PLACE FOR THIS TO BE AND WITH IT BEING SO CLOSE TO THESE RESIDENTS. WHAT I LOOK AT IS ON BUT I'VE HEARD FROM A LOT OF THE RESIDENTS. IS NOT NECESSARILY SO MUCH ABOUT IT STAYING A GREEN SPACE, BUT THEY TALK ABOUT THE TRAFFIC ISSUES. THEY TALK ABOUT THE LIGHT. AND THE NOISE AND HOW THAT'S GONNA IMPACT THEM IN THEIR ABILITY TO ENJOY THEIR PRIVATE PROPERTY ON DH, BASED ON YOU KNOW IT'S HAPPENING ON ANOTHER PROPERTY, AND SO. YOU KNOW, ON THIS ONE? I DON'T THINK THAT THIS IS SOMETHING THAT I CAN PERSONALLY SUPPORT BECAUSE I'M NOT CONFIDENT THAT THEY'RE NOT GOING TO BE DRASTICALLY IMPACTED ON THEIR OWN PROPERTY FOR THAT, SO I JUST WON'T BE. I RARELY GO AGAINST STAFF AND I SO MUCH APPRECIATE HOW MUCH EFFORT IN TIME STEP. INTO THINGS, BUT I JUST DON'T THINK I CAN. I BELIEVE THAT THE APPLICANT HAS MADE SIGNIFICANT CHANGES. AND I FIND IT UNACCEPTABLE USE. FORGET IT. A WAY IN. WHEN WE STARTED THE MEETING, WE SAID IT WAS IMPORTANT THAT YOU'RE INVOLVED IN THE PROCESS AND IT IS INVOLVED. IT IS IMPORTANT THAT YOU HAS CONCERNED AND. PROPERTY OWNERS IN ME, CAN HE BE HERE AND BE INVOLVED? IT'S TEDIOUS. IT'S PAINFUL OF HER TO STAND UP AND SAY THINGS THAT DON'T MAKE YOU. HAPPY IT. IT'S NOT EASY TO COME BACK AND DO WHAT YOU DID. SO BEING HERE IS IMPORTANT. HOWEVER. THINK THIS PROPERTY DESERVES ITS CHANCE TO DEVELOP, SO I'M GOING TO VOTE. TO SUPPORT THE DEVELOPER.

ANYONE ELSE? YOU DON'T HAVE EMOTION. YOU MAKE A MOTION DENIED THIS. APPLICATION. OCEAN ON MISS KIRK AND ALL TO DENY THE APPLICATION. APPLICANT REQUEST A SECOND. SECOND BY MR MCCALL RESERVE. ANY DISCUSSION MR DOVE? YOU'RE GOOD. NEWSCASTER VOTES. YES TO VOTE NOW. GO YESTERDAY. SO THE MOTION TO DENY THE APPLICATION PASSES. THIS WILL BE SENT TO

[02:15:07]

REMIND THE AUDIENCE THAT WILL REQUIRE A SUPERMAJORITY. NUMBERS. ARE WE GOOD? WE HAVE OTHER ITEMS. CODE FOR YOU BELIEVE IT. HAVE A CANDY.

YOU CAN'T. I MEAN, IT'S LIKE WE'RE FINISHED ANYWAY. JEALOUS. YEAH.

MY SPONSOR. YOU DID A GOOD JOB. ARTISTS LIKE IT'S TIME FOR GREEN.

OKAY, WHO'S DOING THIS? WHO'S GOT THIS, OK? ALL RIGHT. NEXT ITEM. THE LIFETIME ON THE

[Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Amend Chapter 146 (Zoning Regulations), Section 146-45 (Site Plan Approval) and Appendix G (MTC - McKinney Town Center Zoning District) of the Code of Ordinances]

MCKINNIE TOWN CENTER ZONE IN THE DISTRICT OF THE CODE OF ORDINANCES GIVEN ALL RIGHT LAST, BUT NOT LEAST RIGHT STAFF IS COMING BEFORE YOU TONIGHT BECAUSE ME A FEW MINUTES, UM, OF THE ZONING ORDINANCE. THE PURPOSE OF THESE AMENDMENTS TO CLARIFY THE SITE PLAN APPROVAL PROCESS PROVIDE CLARITY IN THE APPEAL PROCESS OF MCKINNEY TOWN CENTRE ZONING DISTRICT, ERINN TC. UM AND ALSO TO ADD A NEW USE AND DEFINITIONS TO MTC. THE FIRST ONE THAT WILL START WITH IS THE CHANGES TO SECTION 1 46 1. GIVE ME 1 46 45, WHICH IS THE SITE PLAN APPROVAL PROCESS.

CURRENTLY THE SECTION STATES THAT THE WRITTEN NOTICE OF A PUBLIC HEARING SHALL FOLLOW THE SAME PROCEDURE OF A REZONING REQUEST. STAFF IS CLARIFYING THIS LANGUAGE THAT THE SITE PLAN REQUIREMENT SHOULD HAVE THE PROPERTY OWNER NOTIFICATION OR WRITTEN NOTICE REQUIRED FOR SITE PLANS THAT ARE REQUIRING A PUBLIC HEARING. NO ZONING CHANGE. SIGNS WOULD BE CRYING REQUIRED TO BE POSTED ON THE PROPERTY. UM AND JUST TIO KIND OF REFRESHED MEMORY AS WELL.

THE MTC MCKINNEY DON CENTERED ZONING DISTRICT EYES ARE FOREIGN BASED CODE FOR THE DOWNTOWN AREA. UM, IT HAS SEVEN CHARACTER DISTRICTS THAT REQUIRE DIFFERENT REQUIREMENTS FOR DEVELOPMENT AND USES. I'M SO PART OF THAT NEW USE AND DEFINITIONS THAT WE'RE PROPOSING TONIGHT. STUFF IS PROPOSING TO ESTABLISH A NEW USE OF THE BREW PUB. THISS BREWPUB DEFINITION, AS PROPOSED WOULD BE RESTAURANT, WHICH INCLUDES A MICROBREWERY AS AN ACCESSORY USE ON THE MICROBREWERY IN CONJUNCTION WITH THE RESTAURANT ALLOWS LIMITED MANUFACTURING AND PRODUCTION. OF OUR FOR THE PRIMARY CELL ON SITE, SO NO OFF SITE DISTRIBUTION ASSOCIATED WITH A MICRO BREWERY WOULD BE PERMITTED WITH THIS USE. TO ESTABLISH THE DISTINCTION BETWEEN A BREWPUB AND A BARRIER MICROBREWERY WERE ALSO INTRODUCING A DEFINITION THAT THE BERRY MICRO BERRY IS A FACILITY. RAMALLAH BREWED BEVERAGES ARE MANUFACTURED AND PRODUCED ON SITE FOR SALE. OR DISTRIBUTIONS COMMERCIALLY. ALL RIGHT, SO AS PROPOSED THIS BREW PUB USE WOULD BE PERMITTED OR PERMITTED WITH DESIGN CRITERIA

[02:20:02]

SCUSE ME HISTORIC CORE DOWNTOWN CORE TRANSIT, VILLAGE CORE AND COTTON LACOUR. ON THE PERMITTED CHARACTER DISTRICT'S WITH DESIGN CRITERIA OF LIMITING THE BUILDING SIZE TWO LESS THAN 20,000 SQUARE FEET WOULD BE THE DOWNTOWN EDGE THE TRANSIT VILLAGE EDGE IN THE COTTON ALLEGE. I MEAN, I'VE THREADED THE MAP OF THE MTC IS WELL AGAIN FOR YOU. UM SO FOR COMPARISON, THIE, RED ZONING, THE YELLOW ZONING. UH THE KIND OF LIGHT OR THE DARK PURPLE.

EXCUSE ME. AND THE BROWN ZONING WOULD BE THE ONES WHERE IT BE PERMITTED OUTRIGHT. UM, THE SALMON COLOR THE LIGHT PURPLE IN THE LIGHT BLUE IS WHERE THAT DESIGN CRITERIA WOULD BE REQUIRED. STAFF IS ALSO PROPOSING CHANGES TO THE MTC ZONING DISTRICT. FOR THE READABILITY AND CRITERIA OR FOR THE CRITERIA THE MINOR MODIFICATIONS IN DESIGN EXCEPTIONS TO THE APPEAL PROCESS FOR BOTH SECTIONS. ESO CURRENTLY. THE PROCESS OF THE LANGUAGE IN THE PROCESS KIND OF LEADS TOGETHER WITH THE CRITERIA OF BOTH SECTIONS, AND THE STAFF IS JUST SIMPLY PROPOSING THREE ORDER. UM, THES SECTIONS OF THE ZONING DISTRICT S O FOR THE, UM. MINOR MODIFICATIONS. THIE MCKINNEY TOWN CENTER DEVELOPMENT COORDINATOR STAFF WOULD STILL BE THE ONE THAT COULD APPROVE THOSE ANY APPEALS WOULD STILL BE MADE BY THE PLANNING AND ZONING COMMISSION. AND FOR A DESIGN EXCEPTIONS, THE PLANNING IS ONLY COMMISSION WOULD STILL HAVE THE AUTHORITY TO CONSIDER THOSE AND ANY PILLS WOULD STILL BE CONSIDERED BY YOU. GREAT STAFF RECOMMENDS APPROVAL OF THESE PROPOSED AMENDMENTS AND I'LL STAND FOR ANY QUESTIONS. CAITLIN THERE QUESTIONS OF STAFF. ONE. THIS'S FATHER, MAYBE FLYING THROUGH THE PROCESS. THIS IS A BIG DEAL FOR WHAT ADDRESSES ONE. RONALD, DO YOU HAVE ANYTHING? OKAY? OKAY. THIS IS A PUBLIC HEARING. IF THERE'S ANYONE HERE THAT WOULD LIKE TO WEIGH IN ON THE PROPOSED CHANGES TO CHAPTER 1 46, YOU MAY COME TO THE PODIUM.

RIGHT SEEING RUN. MOVE WOULD CLOSE. THE PUBLIC HEARING IMPROVED THE ITEM FOR STAFF RECOMMENDATION. MOST MANAGED TO MAN'S SIDE TOO. CLOSE THE PUBLIC HEARING AND IMPROVE THE ANIMUS FOR STAFF RECOMMENDATION. SECOND MOMENT TAYLOR THERE ANY DISCUSSION? IT WAS WAY AHEAD OF YOU. YOU CAN'T THE STATUE. BODI. I DID KICKED OUT. THE MOTION CARRIES THE MOTIONS.

WILL BE SENT TO THE CITY COUNCIL AS A FAVORABLE RECOMMENDATION FOR FINAL ELECTION. A DECEMBER 1ST. WE'RE JUST RECOMMENDING THAT YOU BE SENT WITH A FAVORABLE RECOMMENDATION. CITY COUNCIL AT THE DECEMBER 1ST 2020 MEETINGS. OKAY, THAT CONCLUDES OUR AGENDA

[COMMISSION AND STAFF COMMENTS]