* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [1. CALL TO ORDER] [00:00:06] WELCOME EVERYONE. OFFICIALLY 7:35 PM WE WILL OPEN UP THE SPECIAL CALL OF JOINT CITY COUNCIL MEETING, PLANNING IN ZONING COMMISSION MEETING OF THE CITY OF BURNING TEXAS, UH, ON MARCH 24TH, 2026 ON THE CALL. TO ORDER THIS MEETING, FIRST FOR THE CITY OF GRAND COUNCIL. AND I'M TIM VAN WOLFF, AND I'LL CALL THE P AND Z MEETING TO ORDER AS PART OF THE SPECIAL JOINT WORKSHOP. THANK YOU, TIM. MOVING ON, AGENDA ITEM NUMBER TWO, PUBLIC COMMENTS. THERE WAS NOBODY THAT SIGNED UP AND I DON'T THINK ANYBODY FOLLOWED US IN. SO [3. 2026-103 REVIEW AND DISCUSSION REGARDING POTENTIAL UPDATES TO THE UNIFIED DEVELOPMENT CODE.] WE MOVE ON TO AGENDA ITEM NUMBER 3, 20 26 DASH 1 0 3, REVIEW AND DISCUSSION REGARDING POTENTIAL UPDATES TO THE UNIFIED DEVELOPMENT CODE. UH, NATHAN. NATHAN, IS THAT I WANNA THANK YOU, OFFICER COMMON. SORRY WE RAN LATE IN THAT MEETING. UH, NONE. NONE OF OUR MEETINGS EVER RUN LATE, SO, NO, WE UNDERSTAND. WE NEVER HAVE ANY LATE EATING EITHER. BEAR, I APPRECIATE Y'ALL TAKING TIME OUT AND BEING HERE THIS EVENING. THANK Y'ALL VERY MUCH. CAN EVERYBODY HEAR ME OKAY? I LIKE TO WANDER A LITTLE BIT IN THIS TYPE OF ENVIRONMENT JUST TO, UH, UH, KEEP MYSELF ENGAGED. SO, UM, AS WE GO. SO, UH, THANK AGAIN, THANK YOU FOR BEING HERE TONIGHT. UH, TONIGHT WE'RE GONNA TALK ABOUT, UH, UPDATES TO THE UNIFIED DEVELOPMENT CODE. YOU'LL SEE SOME, UH, VERY SIMILAR THEMES TO WHAT WE'VE TALKED ABOUT IN THE PAST, UH, WITH, UH, WITH BOTH BODIES. UM, WHAT WE WANNA DO TODAY IS I'VE STRATEGICALLY PLACED, UH, SLIDES FOR FEEDBACK, UH, FROM THE, UH, COUNCIL AND COMMISSION. IT'S VERY IMPORTANT THAT FOR, FROM A STAFF PERSPECTIVE, THAT WE GET CLEAR, UH, FEEDBACK FROM YOU AND SUGGESTIONS, COMMENTS FROM YOU. UH, BECAUSE, UH, YOU KNOW, WE CAN, IT'S EASY FOR US TO SIT BEHIND A DESK AND, AND WRITE CODE. IT'S, IT'S ANOTHER THING TO MAKE SURE THAT IT REPRESENTS, UH, WHAT BERNIE WANTS TO DO. SO, UH, THAT'S WHY YOU GUYS ARE HERE. SO YOU'LL SEE FEEDBACK AS IT COME IN. FEEL FREE TO ASK QUESTIONS IN, IN THE MEANTIME, BUT YOU'LL SEE FEEDBACK SLIDES. UH, WE CAN TAKE A PAUSE AND TALK ABOUT, UH, CERTAIN SECTIONS. SO TONIGHT WE'RE GONNA TALK ABOUT, UH, WHAT'S BEFORE YOU, OUR PLAN REVIEW PROCESS, UH, HOW WE'RE, HOW WE'RE TRYING TO IMPROVE OUR PROCESSES, UH, DEVELOPMENT PROCESSES, UH, AIRCAP AND IMPERVIOUS COVER, HVAC, RAINWATER CAPTURE, UH, DRAINAGE, UH, CLARIFICATIONS, SOME LAND USE CHANGES, UH, MEANS PERMITTED USES, THINGS LIKE THAT. UH, DARK SKY AMENDMENTS, UH, WHAT WE'RE WORKING ON THERE. AND ALSO OTHER ONES THAT BOTH, UH, PLANNING AND ENGINEERING AND MOBILITY ARE WORKING ON. INTRODUCE THOSE TO YOU. SO, AS WE START, UH, TALKING ABOUT THE PLAT REVIEW PROCESS, I THINK IT'S IMPORTANT TO ESTABLISH A FRAMEWORK AND, AND HOW WE DO THINGS TODAY. UH, THIS IS A TYPICAL FLOW CHART THAT WE HAVE, UH, ABOUT THE TYPES OF PLATS WE DO. WE BASICALLY HAVE A MAJOR MINOR AND THEN AMENDED. AND THEN WE HAVE THIS AL THING OVER HERE CALLED DEVELOPMENT PLATS. UH, BUT ALL MAJOR CURRENTLY, UH, WE'LL GO OVER THIS IN A MINUTE. UH, SO IF YOU'RE A MAJOR, IS IT MORE THAN FOUR LOTS OR DOES IT REQUIRE, UH, PUBLIC INFRASTRUCTURE? THOSE ARE TWO CRITERIA THAT BECOMES A MAJOR VERSUS MINOR. ALL RIGHT. AS WE TALKED ABOUT HB 36 99, UH, EMPHASIZE THAT PLAT REVIEW IS A STATUTORY PROCESS, MEANING DISCRETION IS LIMITED TO DOES IT COMPLY WITH OUR SUBDIVISION CODE? UH, IT'S NOT, PLATS CAN'T BE USED AS A NEGOTIATION TOOL TO TRY TO EXACT MORE OR TRY TO GET MORE FROM A DEVELOPER IF IT'S NOT OUTLIED IN OUR CODE. BASICALLY, IT'S A, IT'S A ADMINISTRATIVE CHECKLIST TYPE THING WHERE IT DOESN'T MEET CODE, NOT, UM, HB 36 99 DID ESTABLISH A NEW CRITERIA, WHICH IS WE MAY NOT REQUIRE AN ANALYSIS STUDY, DOCUMENT AGREEMENT, ET CETERA, THAT IS NOT, UH, SPECIFICALLY ALLOWED BY STATE CODE. SO WE HAVE SOME THINGS THAT WE'RE DOING NOW. I'LL POINT THOSE OUT THAT WE NEED TO MODIFY HOW WE'RE DOING THINGS IN ORDER TO BE COMPLIANT. UH, IT ALSO ADDED A DEFINITION OF A PLAT WHEN IT'S REQUIRED, HAS TO BE DIVIDED INTO TWO OR MORE PARCELS AND INCLUDE AREA FOR PUBLIC USE, SUCH AS A ROAD EASEMENTS, THAT KIND OF STUFF. UH, AND IT DOES ALLOW ADMINISTRATIVE DELEGATION OF SUBDIVISION AUTHORITY TO STAFF. HERE YOU CAN SEE OUR CURRENT PROCESS. UH, YOU [00:05:01] HAVE A PRE-APPLICATION MEETING. UH, THE NEXT THING WE DO IS WHAT WE CALL LAND STUDY OR MASTER DEVELOPMENT PLAN. UH, THEN THEY START WORKING ON THEIR PUBLIC INFRASTRUCTURE PLANS. AND THEN YOU DO A PLAT APPROVAL. THIS IS OUR CURRENT PROCESS. UH, THEN THEY CONSTRUCT PUBLIC INFRASTRUCTURE, APPLY FOR BUILDING PERMITS, DO THE BUILDING CONSTRUCTION, AND THEN FINALLY PROJECT COMPLETION. OKAY? THAT'S HOW OUR, IT'S A VERY LINGUAL PROCESS. THAT'S HOW IT'S LAID OUT. TODAY. YOU WILL SEE THE APPROVAL RESPONSIBILITIES, UH, CURRENTLY PLANNING AND ZONING COMMISSION, UH, APPROVES ALL VARIANCES AND WAIVERS, DPZ. WE TALK ABOUT WAIVERS FOR THOSE, UH, OTHER, OTHER WAIVERS TO OUR SUBDIVISION REGULATIONS, BLOCK LENGTH, ALL THAT KIND OF STUFF THAT GOES TO PZ. UH, RIGHT NOW, THEY SEE, YOU GUYS SEE ALL OUR MAJOR DEVELOPMENT, MASTER DEVELOPMENT PLANS, OUR MAJOR, UH, DEVELOPMENT PLATS AND OUR MAJOR SUBDIVISION PLATS. AS STAFF, UH, WE'RE RESPONSIBLE TO REVIEW OUR MINE, THE MINOR ONES, THOSE THAT ARE LESS THAN FOUR LOTS, THOSE THAT DON'T REQUIRE EXTENSION OF PUBLIC INFRASTRUCTURE. UH, AND WE ALSO VIEW, UH, SUBDIVISION AMENDMENTS. THANKS. SO HERE'S OUR PROPOSED DEVELOPMENT PROCESS. WHAT WE'D LIKE TO DO IS LIKE TO CREATE WHAT WE'RE CALLING A MASTER DEVELOPMENT PLANT. IT'S DIFFERENT THAN WHAT WE HAD BEFORE. IF YOU CAN THINK OF WAY BACK WHEN, WHEN, UH, REGION PARK WAS DONE, UH, OR TO, TO A LESSER EXTENT, UH, SPENCER RANCH, THEY HAD A MASTER PLAN THAT CAME BEFORE COMMISSION FOR APPROVAL. UH, SO WE WANT TO, IF IT'S, IF IT'S TWO OR MORE PHASES OR MORE THAN 20 ACRES, UH, RIGHT NOW IS KIND OF WHAT WE'RE LOOKING AT, UH, THEY'RE REQUIRED TO DO THIS, AND THAT WOULD BE APPROVED BY P AND Z. OKAY? UH, PRELIMINARY PLAT, WE WANT TO REINSTITUTE THE PRELIMINARY PLAT. THE REASON THE PRELIMINARY PLAT IS IMPORTANT IS BECAUSE THEY GOTTA GET THE LAYOUT RIGHT AND EVERYTHING RIGHT BEFORE THEY SPEND THE MONEY ON THE PUBLIC INFRASTRUCTURE PLANS. UH, SO WE'RE HOPING THAT THAT FACILITATES, I MEAN, OUR WHOLE GOAL HERE IS TO HAVE AN INFLUENCE ON LAYOUT, RIGHT? WITH OUR TREE REGULATIONS, OUR ENVIRONMENTAL REQUIREMENTS. THAT'S OUR WHOLE GOAL. SOONER WE CAN DO THAT, THE BETTER. UH, BECAUSE AS YOU GUYS KNOW, FARTHER IN THE PROCESS, YOU GO, LESS LIKELY CHANGES ARE GONNA HAPPEN JUST BECAUSE OF COST. OKAY? SO WE'RE GONNA DO A PRELIMINARY PLAT. THEY'LL DO THE PUBLIC INFRASTRUCTURE INFRASTRUCTURE PLANS, FINAL PLAT, UH, BUILDING PERMIT, AND THEN CONCURRENT CONSTRUCTION, UH, PUBLIC INFRASTRUCTURE AND BUILDING CONSTRUCTION. WE GET THAT REQUEST A LOT. UH, SO THAT IS THE PROPOSED PROCESS. ANY QUESTIONS ON THIS? DOES PMZ STILL APPROVE THE FINAL PLAN? THAT'S THE NEXT SLIDE. OKAY. NEXT SLIDE. OKAY. ALRIGHT. SO WHAT WE'RE PROPOSING IN OUR PLATTER APPROVAL RESPONSIBILITIES STILL GET VARI VARIANCE IN WAIVERS. THAT'S NOT GONNA CHANGE. UH, YOU WOULD DO MASTER DEVELOPMENT PLANS, , I SHOULD SAY TWO MORE PHASES THAT ARE GREATER THAN 20 ACRES. YOU WOULD DO, UH, MAJOR PRELIMINARY PLATS, MAJOR DEVELOPMENT PLATS. THESE TWO ARE THE SAME. UH, THEY GO THERE. ADMINISTRATIVE, UH, THE, UH, WE WOULD DO MINOR DEVELOPMENT PLATS, FAILURE PLATS, AMENDMENTS, AND THEN WE WOULD DO THE FINAL PLATS ALSO. NOW, THE REASON WE'RE SUGGESTING THAT IS, IS THAT IT'S REALLY THE DIFFERENCE BETWEEN A PRELIMINARY IS WHERE WE NEED THE INPUT. FINAL IS A CHECK AGAINST THE PRELIMINARY. SO UNLESS THERE IS MAJOR CHANGES TO A, WHAT'S BEEN IMPROVED IN THE PRELIMINARY, WHICH YOU'RE PROBABLY GONNA SEE THE PRELIMINARY AGAIN, THEN THEY SHOULD BE CONSISTENT WITH EACH OTHER. IF THEY'RE NOT, THEN IT'S GOTTA COME BACK TO YOU ANYWAYS. SO THAT WOULD GIVE US, I THINK THAT WOULD MEET THE SPARE AND INTENT OF WHAT THE LEGISLATURE IS TRYING TO DO AND HELP OUR PROCESS A LITTLE BIT. SO, UH, THE PROPOSAL IS, UH, PRELIMINARY PLATS. YOU'LL SEE THE MAJOR PRELIMINARY PLATS, JUST LIKE YOU ARE TODAY, UH, WILL INSERT THIS MASTER DEVELOPMENT PLAN IN IT. UH, WHICH IS WHERE YOU'LL HAVE THE MOST, AT LEAST I BELIEVE, THE MOST INFLUENCE ON A POTENTIAL DEVELOPMENT. 'CAUSE THEY'RE STILL IN THE DESIGN PHASE. AND THEN THE CHANGE IS, SO TODAY YOU ONLY SEE IN OUR CURRENT PROCESS, YOU ONLY SEE ONE PLAT ONE TIME. SO IT'S NOT A CHANGE PER SE FROM OUR EXISTING PROCESS. NOW, IT'S A LITTLE BIT DIFFERENT FROM OLDER STUFF, LIKE WE DO RANCHES AND STUFF LIKE THAT. I UNDERSTAND THAT, BUT FROM OUR EXISTING PROCESS, YOU STILL SEE THE PLA ONCE, LIKE YOU WOULD WOULD TODAY. [00:10:01] YES, MA'AM. SO THE COMMENT IS PRETTY VAGUE. IS THERE GONNA BE A DEFINITION OF WHAT MAJOR CHANGES MM-HMM . WOULD INCLUDE YEP. TO HAVE TO COME BACK TO US. YEAH. OKAY. SO THAT'S GONNA BE DEFINED. IF SOMEBODY COMES IN AND THEY DO A PRELIMINARY PLAT, UH, FOR YOU GUYS AND HAS, YOU KNOW, 50 LOTS AND THEY CHANGE IT AND THEY WANT A HUNDRED NO, THAT'S GONNA COME BACK, OR THEY'RE CHANGING THE LOT SIZE OR THEY'RE DOING STUFF LIKE, THAT'S THE KIND OF THING WHERE WE TALK ABOUT MAJOR CHANGES. OKAY. HEY, NATHAN? YES, SIR. BOB? OH, I'M SORRY NATHAN. JUST CURIOUS. I KNOW SOME OF THE PROJECTS THAT HAVE COME BEFORE, UH, PNZ WHILE I'VE BEEN ON BOARD. ONE, ONE IN PARTICULAR THAT I RECALL IS A 265, UH, UNIT APARTMENT COMPLEX ON SEVEN ACRES NEXT TO THE WATER PLANT. UH, IF I'M READING THIS RIGHT, WE WOULD NOT SEE THAT. UH, YOU DON'T, IT'S LESS THAN 20 ACRES. YOU DON'T, YOU DON'T, YOU ONLY SEE TODAY YOU WOULD ONLY SEE THE ONE LOT SUBDIVISION THAT YOU WOULD HAVE. RIGHT. 'CAUSE THAT WOULD BE A MAJOR SUBDIVISION BECAUSE IT WOULD REQUIRE EXTENSION OF INFRASTRUCTURE. SO IT WOULD BE THE SAME. OKAY. AND SO THAT PART'S NOT CHANGING. OKAY. OKAY. ANY OTHER QUESTIONS ON THAT? NO, I LIKE THE IDEA OF THE PRELIMINARY PLAQUE COMING IN BEFORE THEY EVEN STARTED ANYTHING. SO WE CAN SEE FIRSTHAND OF WHAT THEY'RE GONNA DO. BECAUSE LOTS OF TIMES DEVELOPERS HAVE SAID, HEY, WE'RE GONNA BUILD THIS MM-HMM . WE GET APPROVAL, AND THEN ALL OF A SUDDEN THEY CHANGE THE SCOPE OF THE PROJECT HALFWAY THROUGH AND THEN THEY'RE ALREADY INTO IT, AND THEN THERE'S THE PLATS THERE. YOU KNOW WHAT I MEAN? SO THE IDEA OF PRELIMINARY KIND OF NIPS THAT IN ABOVE OF SAYING, LOOK, THIS IS WHAT WE'RE GONNA DO. AND THEN WE GET TO HOLD HER, HOLD HER FEET TO THE FIRE. SEE, WHEN I TALK ABOUT INFLUENCE IN THE PROJECT, YOU KNOW, RYAN, RYAN DOES A GREAT JOB WORKING WITH FOLKS, TREE PRESERVATION, AND THE SOONER I CAN GET HIM ENGAGED, THE BETTER. SO BY THE TIME IT GOES PUBLIC, THEY'VE ALREADY PREPARED PUBLIC INFRASTRUCTURE PLANS. SO THE IDEA THAT THEY'RE GOING TO CHANGE OR MODIFY, LET'S SAY WE NEED A STREET MODIFICATION FOR WHATEVER REASON, IS LESS BECAUSE OF ALL THE MONEY THEY ALREADY HAVE INVESTED. SO, WHICH YOU MAY, YOU CHANGE THE STREET LAYOUT A LITTLE BIT, THEN, THEN THESE PLANS ARE AREN'T WORTH ANYTHING. THEY GOTTA REDO 'EM. THAT'S, THAT'S WHY WE'RE PROPOSING TO GO BACK TO THIS PRELIMINARY PLAT GOODNESS WHERE WE CAN GET THAT INPUT UP FRONT. NATHAN, WAS THERE ANY MAGIC TO CHOOSING 20 ACRES IN SIZE? FOR EXAMPLE, PS HAVE TO BE LESS THAN 10 ACRES. NO. SO HOW DID WE GET TO 2020? NO, THAT'S A, THAT WHEN WE PRESENT, THAT'LL BE DISCUSSION POINTS. SHOULD BE 20, SHOULD BE 50, SHOULD IT BE 10? SHOULD IT BE WHATEVER. UH, WHAT WE'RE GONNA DO IS WE'RE GONNA LOOK AT, UH, THE ADMINISTRATIVE APPROVALS THAT WE'VE DONE AND HOW BIG THEY ARE AND HOW BIG, UH, THE OTHER PLATS THAT HAVE GONE TO MAJOR ONES THAT HAVE GONE TO YOU GUYS AND HOW THEY ARE. AND TRY TO FIND THE, THE . UH, FOR EXAMPLE, YOU KNOW, LET'S SAY WE PICK 10 ACRES AND, AND THERE'S OUT BY INGER SPRINGS, YOU KNOW, SOMEBODY WANTS TO DO TWO FIVE ACRE LOTS. OKAY, THAT'S DIFFERENT. YOU KNOW, DO, DO WE REALLY NEED A MASTER DEVELOPMENT PLAN FOR THAT KIND OF THING? SO, UH, WHAT I WANT TO DO IS I WANNA MAKE SURE THAT WE'RE CAREFUL IN THE CRITERIA WE SELECT. I THOUGHT ABOUT NUMBERS, HEY, YOU KNOW, 20 LOTS OR WHATEVER, PICK THE NUMBER. UH, BUT THEN WHAT? WE'LL SEE, OH, I'M DOING 19 LOTS AND THEN, OH, I'M DOING ANOTHER 19 AND THEN I'M DOING ANOTHER. SO I, SO I WAS TRYING TO SAY, OKAY, TWO PHASES. THAT MAKES SENSE BECAUSE THAT'S WHAT STATE LAW IS, AND IT'S KIND OF, IT'S CONSISTENT WITH THAT. AND THEN, AND THEN 20 ACRES. OKAY, LET'S SEE IF THAT MAKES SENSE AS FAR AS WHAT WE'VE BEEN APPROVING AND WHAT WE'RE SEEING. OKAY. AND THE FUTURE, I THINK YOU'RE GONNA SEE MORE INFILL YES. IN BERNIE PROPERTY. YES. THERE AREN'T MANY 20 ACRE SITES INSIDE THE CITY LIMITS. SO WE MIGHT WANT TO LOOK AT WHAT THAT VALUE SHOULD BE. AND THAT THAT'S GOOD POINT. AND THERE'S, AND THAT'S ONE OF THE, UH, BIGGEST FEEDBACK POINTS THAT WE GET IS BEING ABLE TO HELP THE INFILL, UH, PROCESS WITHOUT HAVING TO GO THROUGH THE WHOLE LINEAR PROCESS. COULD IT BE BASED ON PREVIOUS COVER PERCENTAGE? AND WE COULD LOOK AT IT AND IT'D BE HARD TO CALCULATE. WOULD THEY KNOW THEY WOULDN'T, WOULD THEY EVEN KNOW THAT AT THAT POINT? NO, THEY PROBABLY WOULDN'T KNOW IT. I MEAN, YOU CAN DO RUN SOME GENERAL, YOU COULD SAY, YOU KNOW, THIS LOT'S GONNA BE 55% AND THIS LOT'S GONNA BE 55. THEY SHOULD, THEY DO GENERAL CALCULATIONS WITH THEIR DRAINAGE STUFF, BUT NOT, RIGHT. JEFF, I SENT OUT A, I SENT OUT AN EMAIL TO YOU GUYS AND TO NICK AND TO BEN ABOUT MANDATING HVAC AND, AND RAINWATER CAPTURE. I'LL GET TO THAT. REFERENCED YOU TO STATE LAW, [00:15:01] ALLOWING US TO MANDATE SOME OF THOSE THINGS. YES. BECAUSE THOSE TO ME ARE THINGS THAT NEED TO BE IN THERE FOR ALL NEW CONSTRUCTION. I GOT A SLIDE JUST FOR YOU, . ALRIGHT, HOLD ON. JUST WANNA MAKE SURE I'M LOOKING AT PRELIMINARY PLAT. I WANNA MAKE SURE. YES. OKAY. SO THE OTHER PROCESS IMPROVEMENTS, UH, THAT WE'RE PROPOSING IS CLARIFIED DRAINAGE AND LID REQUIREMENTS, ESPECIALLY REDEVELOPMENT IN DOWNTOWN. UH, AND, UH, WHEN THEY'RE DOING BUILDING ADDITIONS, HOW ARE WE GONNA IMPLEMENT WHAT WE'RE DOING? CAN WE MAKE IT, UH, BETTER, UH, PROPOSING ADMINISTRATIVE, UH, SITE PLAN REVIEW, UH, AS I MENTIONED BEFORE, IS ONE OF THE, ONE OF THE THINGS THAT WE SEE IS IN OUR PROCESS, PEOPLE AREN'T PREPARING THE SITE PLANS UNTIL THEY'RE PREPARING CONSTRUCTION DRAWINGS. UH, UNLESS IT'S AN SUP, THEN IT COMES EARLIER. UM, SO WHAT WE WANT TO DO, AGAIN, GOING BACK TO HONDA OR WHATEVER, I WANT TO GET THAT INPUT UP FRONT AND THAT DESIGN IN THAT SITE PLAN BEFORE THEY, THE MONEY IS SPENT AND THEY'RE LESS LIKELY TO CHANGE, UH, THE LAYOUT AND THINGS LIKE THAT. OKAY. UH, WE'RE LOOKING AT PLAID EXEMPTIONS FOR COMMERCIAL AREAS IN DOWNTOWN, UH, CONCURRENT REVIEWS AND CONSTRUCTION, ON AND OFFSITE, UH, IMPROVEMENTS MENTION THOSE, UH, FOUNDATION PERMITS. THE WAY OUR PROCESS NOW, UH, IS SET UP IS THAT YOU CAN DO 'EM WITH THE, UH, BUILDING CODE OR CODE. DOESN'T SAY YES OR NO. UM, BUT, UH, ONE OF THE, WHAT WE CALL, UH, ALL THE HORIZONTAL IMPROVEMENTS ON A COMMERCIAL SITE, FOR EXAMPLE, WE CALL THAT A SITE DEVELOPMENT PERMIT. AND USUALLY WHEN THEY GO IN THERE AND THEY WANT TO GRADE ALL THAT STUFF AND DO THAT, THEY WANT TO DO THE FOUNDATION ONLY SO THEY CAN THROW IN THE, UH, PLUMBING AND, UH, UTILITY LINES IN IT. SO IT JUST MAKES SENSE TO BE ABLE TO DO THAT. UM, AND THEN A TEMPORARY CERTIFICATE OF OCCUPANCY, AGAIN, BILLING CODE. WE WILL USE IT TO OUR ADVANTAGE IN SOME CASES. AND, UH, WE JUST WANT TO MAKE SURE IT'S OUTLINED THAT WE CAN DO IT. CAN YOU CLARIFY ADMINISTRATIVE REVIEW OF MULTIFAMILY AND NONRESIDENTIAL? WHAT DOES THAT, WHAT DOES THAT MEAN? OKAY, SO NOW CLARIFY WHAT IT MEANS. SO CLARIFY WHAT IT MEANS IF THERE'S AN SUP. OKAY. THIS, I'M, I'M ASSUMING THAT SUP HAS ITS OWN LIFE. SO THIS, IT'D BE ANYTHING THAT DIDN'T REQUIRE AN SUP. OKAY. SO IT WOULD COME IN AND, UH, NON-RESIDENTIAL WOULD BE PANDA EXPRESS WOULD BE, SPROUTS WOULD BE STUFF LIKE THAT THAT WE'RE DOING. ANYWAYS, I'M JUST TRYING TO GET THE DESIGN PHASE EARLIER. OKAY. TRYING TO UNDERSTAND THOUGH. A MULTIFAMILY YES, SIR. SO IF SOMETHING IS ZONED WITHIN THE CITY LIMITS, THAT WOULD ALLOW MULTIFAMILY, WHERE IS THE POLITICAL INPUT FROM THE COUNCIL OR ANYONE ON THAT? BECAUSE I CAN TELL YOU FOR MYSELF, YOU KNOW WHAT I'M GONNA TELL YOU. YES. I'M GONNA TELL YOU NO. YES. WELL, AND THAT'S, THAT'S WHY WE CHANGED THE CODE TO REMOVE IT. RIGHT? RIGHT. SO WHAT DOES THIS MEAN? MULTIFAMILY IN THIS SCENARIO? MEANING IN THIS SCENARIO? IN THIS SCENARIO, IT WOULD MEAN IT WOULD, IT WOULD MEAN WE GO THROUGH THE SUP. IT'S A CONCEPT PLAN. AND IF WE NEEDED TO DO A MORE STRINGENT ON THE SITE PLAN, WE WOULD DO THAT. WE'RE STILL FLUSHING IT OUT. OKAY. JUST UNDERSTAND. IN TERMS, IN TERMS OF INFILL, INFILL, THERE'S, IF YOU LOOK AT SOME OF THE INFILL THAT'S BEEN DONE LIKE AN LITTLE PARK, RIGHT? OR BEHIND BAKERY LO THOSE ARE INDIVIDUAL UNITS. YES. BUT THEY'RE VERY IN CLOSE PROXIMITY, BUT THEY'RE NOT ATTACHED. YES. MY QUESTION IS, ARE YOU DESCRIBING MULTIFAMILY AS ATTACHED TOWN HOMES AS NO MUL? WHAT ARE YOU DESCRIBING? MULTIFAMILY IS WHAT IS APARTMENTS, ESSENTIALLY. WE NEED TO SAY THAT. YEAH, WE WILL, WE'LL MAKE SURE IT'S DEFINED. THERE'S A DIFFERENCE BETWEEN FIVE ATTACHED TOWN HOMES AND THREE STORIES OF A APART OF APARTMENTS. YEAH. NO. AND, AND IT'LL WORK LIKE IT DOES TODAY, RIGHT? IF IT'S A PERMITTED USE, NO MATTER WHAT IT IS, UH, THE PERMITTED USE WILL GO THROUGH A PROCESS. IF IT REQUIRES SPECIAL USE PERMIT, OBVIOUSLY IT GOES THROUGH THROUGH YOU GUYS, SO, OKAY. ALRIGHT. ANY, ANYTHING ELSE YOU WANNA TALK ABOUT? ? WHAT? HVAC'S COMING. THIS IS NOT THE END. HVAC'S COMING. HE'S GOT IT BROKEN UP IN DIFFERENT SECTION. YEAH, IT'S COMING. ANY OTHER COMMENTS OR ON WHAT'S BEING PROPOSED OR QUESTIONS? YEAH, THAT'S PRETTY STRAIGHTFORWARD. I UNDERSTAND THERE'S A LOT OF DETAILS THAT WE HAVE TO FLUSH OUT. THIS IS A VERY HIGH LEVEL OF WHAT WE'RE THINKING ABOUT. AND IT'S GONNA TAKE [00:20:01] PEN TO PAPER AND SOME REVIEWS TO GET IT DONE. SO, UM, WHAT WE REALLY WANT IS HAVE COM HAVE YOU GUYS COMFORTABLE WITH THE CONCEPTS THAT WE'RE DOING. SO WHEN WE COME BACK, WE CAN PROVIDE THAT INPUT. OKAY. LAND USE CHANGES. UH, WE'VE SEEN A INFLUX OF, UH, CBD DISPENSARIES, UH, VAPE SHOPS. UH, WE ARE GOING TO PROPOSE THAT THEY, THEY'RE ALLOWED IN C TWO AND SOME IN C ONE, RIGHT? 'CAUSE WE DO IT AS RETAIL SALES, RIGHT? 'CAUSE THEY'RE LISTED. WE DON'T HAVE A SEPARATE LAND USE CATEGORY FOR THOSE LAND USE FOR THOSE. AND SO THEY'RE ALLOWED AS RETAIL SALES. SO WHAT WE'RE GONNA PROPOSE IS TWO, UH, BASICALLY ALL THREE OF 'EM, THREE DIFFERENT LAND USE CATEGORIES FOR THOSE USES. UH, AND WITH TATTOOS, CBDS AND VAPE SHOPS ONLY IN C3 AND C FOUR, WHICH IS BASICALLY, OR HEAVY, HEAVIER COMMERCIAL ALONG THE FREEWAY. UM, SUBJECT TO SPECIAL USE PERMIT. HOW MANY TATTOO SHOPS DO WE HAVE IN BURNING? NO, NOT JUST NOT ONE. NOT ONE. SEEMS LIKE A FUNNY THING. THERE'S ONE WE KNOW OF. ONE QUESTION SEEMS LIKE A FUNNY THING. YES, SIR. WE ONLY HAVE A CRITICAL MASS VAPE SHOP RIGHT NOW. WE'RE GETTING CLOSE. I THINK IT WAS MY SECOND, MY SECOND P AND Z MEETING NEVER MADE. FIVE, FIVE YEARS AGO. I BROUGHT UP VAPE SHOPS WHEN BEFORE THE UDC WAS CONFIRMED AND IT WAS KIND OF BRUSHED OFF. LIKE, OH, THAT'S NOT A CONCERN. FIVE YEARS, TO YOUR POINT, I THINK IT WAS ONLY, IT'S ONLY CATEGORIZED RIGHT NOW IS RETAIL. THERE WASN'T ANY DESIGNATION. SAME WITH DISPENSARIES, UM, OR ANY OTHER ADULT SHOPS. RIGHT. ADULT VIDEO STORES. RIGHT. THERE'S CLASSIFICATION, THERE'S FOR ADULT VIDEOS ARE DIFFERENT, RIGHT? THAT'S, BUT SHOPS WHERE MINORS ARE NOT ALLOWED TO GO INTO. WE HAVE RULES OF PROXIMITY TO SCHOOLS, THINGS LIKE THAT. RIGHT? AND SO HOW CLOSE THEY CAN BE TO ONE ANOTHER. THERE'S DIFFERENT THINGS WE CAN PUT IN THERE. BUT THERE WAS NOTHING FOR VAPE SHOPS. IT WAS JUST RETAIL. SO THEY COULD POP UP ANYWHERE AS OFTEN AS THE STATES. BUT I DON'T KNOW ABOUT TO YOUR POINT WHERE, YOU KNOW, WHICH ONE DOWNTOWN, THE STATE, THE STATE HAS, UH, THE STATE HAS TREATED VAPE SHOPS LIKE TOBACCO STORES AS FAR AS THE STATE STATUTES UNTIL THE LAST SESSION. I THINK WE MAY HAVE SOME MORE FLEXIBILITY THERE. WE'RE NOT REALLY PREEMPTED. THE PROBLEM ABOUT SEPARATION REQUIREMENTS, WE'LL GO THROUGH IN DETAIL AS WE GO THROUGH ALL THIS IS MUCH DIFFERENT THAN WE DO FOR ADULT BUSINESSES OR EVEN POOL PARLORS BECAUSE THERE'S STUDIES THAT RELATE TO WHAT, HOW THEY IMPACT SURROUNDING PROPERTIES. THERE AREN'T ANY ON VAPE SHOPS. SO WE CAN EXPERIMENT. SO THAT'S SOMETHING WE'LL HAVE TO DO. DON'T, UH, GAS STATIONS SELL VAPE THOUGH? EVERYBODY CAN PROBABLY, PROBABLY GO DOWN TO A PERCENTAGE OF YOUR PRODUCT MIX. ITS PRODUCTS THAT HOWEVER WOULD YEAH. YEAH. SO EVERYTHING WE DO IS BASED ON, OKAY, WHAT'S YOUR PRIMARY USE, RIGHT? LET'S TAKE HEB PRIMARY USE IS GROCERIES. WELL, THEY ALSO SELL SOME FURNITURE IN THERE. WELL, THAT'S ACCESSORY KIND OF THING. SO THAT'S WHAT WE LOOK AT. DO WE TREAT LIQUOR STORES DIFFERENTLY? UH, NOT CURRENTLY. I THINK THEY'RE JUST STATE STUFF, RIGHT? THEY'RE, THEY'RE, WE'RE PREEMPTED BY STATE LAW AND HOW WE HANDLE LIQUOR STORES. WE DO HAVE SOME ZONING POWER, BUT NOT MUCH. AND THAT, THAT WAS MY QUESTION. NONE OF THESE THINGS CAN APPLY IN THE SAME WAY AS ADULT BUSINESS. NO. BUSINESSES, WE HAVE MANY, MANY STUDIES ON HOW THEY IMPACT COMMUNITY AND CRIME AND SURROUNDING PROPERTIES. WE DON'T HAVE THAT ON VAPE SHOPS OR, AND WE ALSO HAVE IT ON POOL HALLS AND GAMING ROOMS. BUT WE DON'T HAVE 'EM ON THOSE USES. SO WE CAN'T, WE GOTTA REALLY BE CAREFUL THERE. DO WE HAVE ANYTHING FOR TOBACCO SHOTS? I DON'T THINK WE HAVE TOBACCO. TOBACCO, WE'RE PRETTY MUCH PREEMPTED BY THE STATE TOBACCO SMOKE. THE STATE HAS PRETTY, THEY, THEY ENTERED THE FIELD OF TOBACCO REGULATION AND I THINK THEY KIND OF PREEMPTED US PRETTY MUCH. DOES THAT ZONING THAT SOLVES THE STATE LAW ISSUE THE WAY IT'S BEING PROPOSED? UM, I DON'T THINK SO. I MEAN, MOST CITIES ARE EXPERIMENTING WITH THAT DEFINITION AND THAT HOW TO PLACE THEM. SO I THINK WE'RE JUST IN THE, WE'RE IN THE MAINSTREAM OF TRYING TO DO THAT. BUT IN THIS CASE, THEY'RE ALL SUVS. DOESN'T MATTER WHERE THEY ARE. RIGHT. REALLY. SO WHETHER IT'S C3 FOUR, IT'S RELEVANT. THEY MEET THE DEFINITION. IT TAKES THEM OUT OF C ONE TO C TWO, THOUGH. THEY MEET THE DEFINITION. I THINK WE'VE SAID THE SAME WAY FOR PAWN SHOPS, HAVEN'T WE? YOU CAN ONLY GET PAWN SHOP WITH AN SUP AND THEY'RE PROHIBITED IN THE MOST OVERLAY DISTRICTS STORAGE TOO. OKAY. AND WE HAVE SOME LEGAL HISTORY ON PAWN SHOPS THAT SUPPORT THAT. WE DON'T REALLY HAVE IT ON BANK. YEAH. IT'S TOO NEW. IF WE DO THIS, AND I LIKE THE IDEA OF REQUIRING [00:25:01] SUVS FOR ALL THIS STUFF, BUT CAN WE DO SOMETHING IN OUR UDC ABOUT, YOU KNOW, IF YOU DON'T BEGIN CONSTRUCTION, GET PERMITS, WHATEVER, THE SUP GOES AWAY. POOF. AFTER A TIME'S GONE BECAUSE WE DON'T WANT TO GIVE AN SUP AND THEN SOMETHING ELSE COMES IN THERE AND THEY GOT AN SUP INSPECT AND THEY GOT AN SUP. WE, WE DO HAVE CURRENT EXPIRATION. UM, THE, THE ONE, THE ONE THING WE NEED TO ADDRESS IS HOW DO YOU FORMALLY WITHDRAW, REMOVE SUP, WHICH I'LL TALK TO YOU ABOUT. BUT, AND THAT ALSO APPLIES TO ZONING CHANGES, THOUGH. YES. IT'S MORE THAN ONCE I'VE BROUGHT THIS UP. WE ASKED TO CHANGE ZONING FOR A PROJECT THAT EVERYBODY THINKS IS GOOD AND THE PROJECT'S APPROVED AND THE ZONING'S CHANGE AND FOR WHATEVER REASON TO DEVELOP OR BUILD IT, WHATEVER, THEY, THEY DISAPPEARED, GO OUT OF BUSINESS, GO BANKRUPT, AND THEN WE'RE STUCK WITH THE ZONING. BUT HOPEFULLY THE SUP TAKES CARE OF SOME OF THAT. BUT WE'RE STUCK WITH THE ZONING FOR SOMETHING THAT WE APPROVED AND NOW SOMETHING ELSE IS COMING THAT WE DIDN'T APPROVE. I, I DON'T THINK WE'RE GONNA BE ABLE TO ADDRESS THAT PART. BUT I THINK WHEN WE HAVE CONDITIONS IN AN SUP OR ADDITIONAL USE AND THE CONDITIONS NEVER SHOW UP, IT'S A DIFFERENT THING. OKAY. OURS TRANSFERABLE SPECIFIC THE PROPERTY YEAH. THEY RUN WITH YEAH. LONG AS YOU, YOU KEEP THE SAME USE, HAVE TO BE EXACTLY THE SAME. YEAH. YEAH. THE CONDITIONS IS THE WAY TO GO, M**K. I MEAN RIGHT. CONDITIONS YOU CAN SET 'EM OUT IS, YOU KNOW, TO GET CONSTRUCTION NEXT DAY, FINISH CONSTRUCTION BUILDING PERMIT, CO AS AS LONG AS THEY'RE REASONABLE. YEP. YEAH, YOU CAN PROBABLY DO A LOT. YOU GOTTA BE SOME REGULATION ON IT. OKAY. AND WE'RE GONNA HAVE, YOU KNOW, WE'RE GONNA HAVE A LOT OF TIME TO DISCUSS ALL THOSE DETAILS AS WE GO THROUGH THIS WHOLE PROCESS. BUT YEAH. IN GENERAL ONE, GO AHEAD. SORRY. ARE YOU SUGGESTING BASED ON THAT COMMENT, THAT WE DON'T CURRENTLY HAVE A PROCESS TO RETRACT SUVS THAT EXPIRE WITHIN THOSE TWO YEARS? SO YOU HAVE TO TAKE A LEGISLATIVE ACTION TO DO SO? BECAUSE I BET WE HAVE TO RETRACT THEM. I BET WE HAVE SUVS OR EXPIRE JUST AS I'VE BEEN ON THIS SUBMISSION. COULD BE, COULD BE DONE. BUT YOU, WE'D HAVE TO LOOK, BUT YOU HAVE TO TAKE A LEGISLATIVE ACTION TO, TO REMOVE THE SUP SINCE IT, IT'S A ZONING ACTION AS NICK SAID. SO IT, AS SOME OF THE COUNCIL. YEAH. ALRIGHT. WE NEED TO LOOK INTO THAT AND SEE IF WE CAN DO THAT. I THINK THAT'S IMPORTANT. WE HAVE BEEN GUARANTEED ON MULTIPLE OCCASIONS MM-HMM . THAT IF WE GIVE THIS SUP IT WILL EXPIRE. AND THERE IS A CITY DEFINITIVE PROCESS TO DO THAT. AND I'M HEARING YOU SAY NOW THERE'S NOT. WELL, AND WE HAVE ASKED NUMEROUS TIMES AS WELL THAT WHO'S KEEPING UP WITH THAT? BECAUSE THAT'S BEEN A HUGE CONCERN IN SOME OF OUR SUP GRANTS THAT WE'VE MADE. SO, WELL, LET'S, LET'S TAKE ONE, FOR EXAMPLE, STARBUCKS, RIGHT? MM-HMM . STARBUCKS. WE DID AN SUP FOR A DRIVE THROUGH MM-HMM . NOT, NOT STARBUCKS, BUT WE DID IT FOR THE DRIVE THROUGH. UH, AND FROM WHAT I'M HEARING, OR LAST I HEARD IS STARBUCKS HAS CHANGED THEIR MIND. CORPORATE RIGHT. HAS CHANGED THEIR MIND ABOUT WHERE THEY WANT TO BE LOCATED. SO THEY'RE NOT THRILLED WITH THAT SITE. SO WHAT, SO THEN IT BECOMES, OKAY, WHAT DO YOU DO WITH THAT? OKAY. BECAUSE A LOT OF TIMES YOUR DRIVE STUFF CAN BE BA YOUR DRIVE-THROUGH STUFF AND YOUR QUEUING AND STUFF IS, YOU KNOW, IT GETS COMPLICATED. SO WHAT YOU'RE ASKING IS, OKAY, IF WE KNOW STARBUCKS ISN'T COMING, WHAT DO WE DO? AND WE'LL, I'LL GET THAT OUTTA LINE FOR YOU. WELL, THAT'S NOT EXACTLY MY QUESTION BECAUSE THAT HASN'T EXPIRED. THAT'S NOT UNDER OUR TWO YEAR EXPIRATION. BUT I BELIEVE THERE'S SOME OTHER SUVS THAT WE HAVE GRANTED MORE THAN TWO YEARS AGO. AND THOSE PROJECTS HAVE NOT COME TO FRUITION. YEAH. WE CAN LOOK AND I BET NOTHING'S HAPPENED WITH THOSE. AND THERE NEEDS TO BE, BECAUSE WE GAVE THOSE FOR VERY SPECIFIC INTENTS. YEAH. WE CAN LOOK IT, IT IS A SERIOUS QUESTION BECAUSE FOR EXAMPLE, IN STARBUCKS, OKAY, WE KNOW THAT VERY WELL. YEAH. THAT WAS GIVEN FOR STARBUCKS AND FOR THAT PROJECT ALONE, FOR VERY SPECIFIC REASONS. THERE WERE MANY REASONS, BUT VERY SPECIFIC ONES. IF THEY'RE NOT COMING, I DON'T NECESSARILY WANT THE SUP FOR A DRIVE THROUGH OR JEFF AND TO, TO FORWARD FOR A VAPE SHOP THAT WANTS A DRIVE THROUGH. I MEAN, IF YOU'RE SAYING TO ME THAT THE, THAT THAT SUP, WHICH ALLOWED A DRIVE THROUGH CONTINUES IN PERPETUITY TO THE NEXT OWNER, AS LONG AS THEY DO SOMETHING SIMILAR, I HAVE A PROBLEM DRIVE THROUGH. YEAH. HOW DO WE DEAL WITH THAT, NATHAN? ISN'T THERE PER THE SUP? ISN'T THERE SOME TIES TO THE SITE PLAN? THAT'S WHERE I WAS GOING. BA I MEAN THAT'S, YEAH. MY UNDERSTANDING WAS YES, IT COULD GO TO SOMEONE ELSE, BUT, UM, BAIT SHOP OR JACK IN THE BOX IS NOT GONNA WANT TO DO IT BECAUSE THEY WOULD HAVE TO DO IT BASED ON, THEY HAVE TO COMPLY WITH WHAT WAS APPROVED. RIGHT. SO WHETHER IT'S BURGER KING, MCDONALD'S DOESN'T MATTER. UH, YOU KNOW, ZONING, AS YOU KNOW, ZONING DOESN'T CARE ABOUT USER CARES ABOUT USE, DOESN'T CARE IF IT'S TARGET, WALMART, WHATEVER. IT CARES ABOUT THE USE, WHICH IS RETAIL. SO IN THIS CASE, IF IT WAS, LET'S SAY IT'S DUTCH BROTHERS THAT WANTS TO GO [00:30:01] IN THERE, IF THEY WILL BUILD WHAT WAS APPROVED, THEN THEY CAN CONTINUE. RIGHT? 'CAUSE THE ONLY THING IT CHANGES IS THE SIGN ON THE FRONT. AND IF IT'S DIFFERENT AND THEY DON'T WANT TO DO THE SAME SITE PLAN. THAT'S WHY YOU SEE, YOU SEE THOSE STIPULATIONS ON OUR SUVS THAT SAY CONFORMANCE WITH SITE PLAN DATED, BLAH, BLAH, BLAH. SO TO YOUR POINT ON THAT SITE PLAN, THERE WERE VERY SPECIFIC THINGS MM-HMM . SO HAVE TO COMPLY ALL TO EVERY SINGLE ONE OF THAT'S WHY IT'S IMPORTANT. I CAN PARK RAIN WATER, HVAC, DOUBLE HANDICAP PARKING TO Q TO DRIVE THROUGH THE LANE. CORRECT. . AND IF THEY WANTED TO CHANGE IT, I'M BRINGING IT BACK TO YOU GUYS. OKAY. THAT'S, THAT'S WHAT I'M TRYING TO UNDERSTAND. BUT NATHAN, BUT TO SUSAN'S QUESTION, YES, WE SHOULD. IF, IF SOMETHING EXPIRES AND THEN SOMEONE COMES FORWARD, STAFF WILL SEE THAT AS THAT'S COMING FORWARD, THEY'LL BE ABLE TO CHECK. WE MAY NOT HAVE A WHOLE LIST OF THE INVENTORY OF OF SUVS THAT HAVE EXPIRED, BUT WE WILL, YEAH. SEE THE ELK, YOU GOTTA GO BACK. ANYTIME WE GET CONTACT AND WE START DOING THE, THE RESEARCH ON THE PROPERTY AND FIGURE OUT WHAT WAS APPROVED AND WHAT WASN'T. RIGHT. SO IF IT'S HIT THAT TWO YEAR MARK, THEN IT'S EXPIRED. REGARDLESS, WHOEVER THE NEW NEW DEVELOPER IS, THEY'RE GONNA HAVE TO COME FORWARD AGAIN. YES. THEY DON'T GET IT ONCE IT'S, ONCE IT'S EXPIRED. DO IS THAT, IS THAT I CORRECT? IS THAT CORRECT? YEAH. SO ARE WE WITHIN THE STATE LAW, IF STAFF IS HANDLING THAT APPROPRIATELY, THAT'S, I'M SAYING THEY DON'T HAVE TO HANDLE ANYTHING FROM A REAL ESTATE, FROM A REAL ESTATE PERSPECTIVE THAT OWNER SELLING THE PROPERTY MAY NOT REALIZE. AND THEY'RE ADVERTISING IT AS, AND I SEE THIS ALL THE TIME WHEN THAT'S ON, THAT'S ON THE REALTOR, THEN THAT'S NOT ON, THAT'S NOT ON ANYBODY ELSE. I'M JUST SAYING THAT STAFF HAS TO ALSO BE AWARE YES. WHEN THOSE CALLS START COMING IN FROM DAY ONE, THAT THAT SUP HAS EXPIRED. AND I DON'T HONESTLY THINK THAT WE'RE KEEPING UP WITH THOSE NOT KEEPING. SO I THEY TO WE'RE NOT UP, WE DON'T HAVE TO. WELL, WHEN THE PROPERTY COMES FORWARD, IT TRIGGERS A RESEARCH. RIGHT. AND THAT'S WHEN WE TELL 'EM, OH, WE'RE NOT OUT THERE TO POLICE WHAT THE REALTORS ARE DOING OR THE INFORMATION THAT'S CONVEYED. WE DON'T HAVE THE TIME TO DO THAT. SO. WELL, THIS IS JUST A LITTLE DIFFERENT. WOULD Y'ALL AGREE THAT THIS IS BEING DISCUSSED DIFFERENTLY THAN WHAT WE WERE TOLD? WELL, I, I THINK AS THE, WE WERE, WE WERE TOLD THAT WHEN THE DEVELOPMENT PROCESS WOULD BEGIN FOR A NEW PROJECT, THAT THEY WOULD GO BACK AND PICK UP ALL THIS STUFF. AT LEAST THAT WAS MY UNDERSTANDING. YES. OKAY. RIGHT. YEAH. SO I THINK WE'RE GOOD THERE. AS LONG AS SOMEBODY'S DOING ALL THAT, WE SHOULD BE FINE. ALTHOUGH I, I ALWAYS LIKE THE IDEA OF BEING, MAKE AS AGGRESSIVE AS WE CAN ON THESE CONDITIONS. MM-HMM . YOU KNOW, SO WE, WE CAN PULL THESE THINGS JUST AS QUICKLY AS WE WANT TO. 'CAUSE WE DON'T WANT, YOU KNOW, JACK IN THE BOX, EVEN IF THEY AGREE TO STARBUCKS SITE PLAN. THE GOOD NEWS IS, I DON'T THINK DEAL OF THAT PROPERTY IS GONNA GET WHAT HE NEEDS TO INVEST IN. RIGHT. DIESEL LANE FROM A JACK IN THE BOX, BUT CORRECT. UH, ANYWAY, WE WANT TO BE, BE SURE WE CAN CONTROL AS MUCH AS WE POSSIBLY CAN, BUT THE SITE PLANS ARE THE MOST IMPORTANT. YEAH. IT'S REASONABLE AND NOT ARBITRARY. RIGHT. YOU GOT SO WE'RE ALL REASONABLE, VIC. RIGHT. IS THERE A REASONABLE PERSON TO IMPROVE? THAT'S EVERYBODY'S REASONABLE. THERE YOU GO. THAT'S THE OTHER REASON WHY YOU, YOU, YOU'RE SEEING, UH, US RE REITERATE THE UDC WHEN IT COMES TO EXPIRATION IN THE CONDITIONS OF APPROVAL. BECAUSE WE DO A LETTER THAT GOES TO THE APPLICANT SLASH OWNER THAT SAYS, HEY, HERE'S YOUR THING. AND OH, BY THE WAY, YOU GOT TWO YEARS. SO, UH, BUT YEAH. GREAT INTERN PROJECT TO RESEARCH THE SUV'S NEEDS. SEE WHERE WE'RE AT. OKAY. ALL RIGHT. UH, HERE YOU GO. HERE I'M HERE JUST FOR YOU. RIGHT? YES. HERE YOU GO. . SO, UH, ENVIRONMENTAL REGULATIONS, UH, WE NEED TO, UH, THERE'S A DESIRE TO DO, AS I UNDERSTAND, THERE'S A DESIRE TO DO ZERO ESCAPE. UH, WE NEED TO TALK ABOUT THAT AND HOW IT RELATES TO IMPERVIOUS COVER. OKAY. BECAUSE, UH, IF YOU DON'T INSTALL IT CORRECTLY, UH, IF IT'S NOT BUILT, THEN IT CAN BECOME IMPERVIOUS VERSUS PERVIOUS WHERE IT WAS A LAWN, RIGHT? SO IF YOU GOTTA TAKE A SUBDIVISION, I TAKE A SUBDIVISION AND THEY DO THEIR DRAINAGE STUDY AND THEY DO, UH, JEFF, FEEL FREE TO JUMP IN. THEY DO GENERAL CALCULATIONS ON HOW MUCH, UH, DRAINAGE AND IMPERVIOUS COVER THEY HAVE. AND IF THAT CHANGES, THEN IT CAN OVERWHELM OR IMPACT THE STORM WATER SEWER SYSTEM. CORRECT. THAT WHOLE NEIGHBORHOOD, THE STREETS, THE CURBING WITH THE PONDS, EVERYTHING, ALL SIDES EVERYTH BEING INCORRECTLY SIZED IF EVERYONE CHANGED THEIR YARD MATERIAL ESCAPE. SO WE'VE GOTTA FIGURE OUT HOW TO MARRY THE TWO. RIGHT? UH, WITH DESIRE TO DO ZERO ESCAPE FOR WATER CONSERVATION AND THE IMPERVIOUS COVER, UH, WE ALSO NEED TO ISSUES. WE ALSO NEED TO MODERNIZE OUR EXISTING STANDARDS FOR THAT. UH, I TALKED ABOUT THE CONFLICTS AND THEN WE HAVE TO CLARIFY USE OF ARTIFICIAL TURF. WE HAVE A LOT OF PEOPLE THAT COME IN AND SAY, I WANT PUT TURF IN THE [00:35:01] ARTIFICIAL TURF. WELL, IF IT'S INSTALLED THIS WAY, IT'S PERVIOUS. IF INSTALLED THIS WAY, IT'S IMPERVIOUS. SO WE HAVE TO WORK THROUGH THAT TOO. SO THOSE ARE THE THREE THINGS IN, IN THAT, THAT WE'RE WORKING ON. UH, RAINWATER CAPTURE, UH, WILL PRO PROPOSE THAT, UH, IT'S REQUIRED FOR ALL NON-RESIDENTIAL, UH, USES. UH, AND IT'D BE ENCOURAGED FOR SINGLE FAMILY USES. NOW I'M GONNA SKIP A LITTLE BIT AND SAY IN THE FUTURE, UH, WHAT WE'RE LOOKING AT IS PREPARING INCENTIVES FOR RESIDENTIAL USES OKAY. FOR BOTH RAINWATER CAPTURE AND HVAC CONDENSATION CAPTURE. ALRIGHT. GOING ON. MOVING ON TO HVAC CONDENSATION. IT'S BEEN QUITE AN INTERESTING TO LEARN ABOUT IT. UH, REQUIRED FOR NON-RESIDENTIAL, UH, BASED ON, UH, WHERE THAT SWEET SPOT IS BETWEEN COST AND HOW MUCH WATER THEY CAN GET. UH, WE CAN LOOK AT THE AMOUNT OF LANDSCAPING, UH, THE SIZE OF TONS. UH, FOR AN HVAC, WHAT I WANT TO AVOID IS A 20 TON OR LARGER HVAC, WELL, I'M GONNA DO TWO TENS OR I'M GONNA DO A 19, OR I'M GONNA DO WHATEVER. I WANNA AVOID THAT. UM, AND THEN, UH, HOW MUCH ESTIMATED, UH, CONDENSATION CAN BE COLLECTED AND IF, IF WHAT WE'RE ESTIMATING COMING OUT OF THAT CAN SERVE THE AMOUNT LANDSCAPE. LET'S TAKE SCOOTERS COFFEE, FOR EXAMPLE. RIGHT. SO IF THEY WERE DOING HVAC CONDENSATION CAPTURE, THEY HAVE LIMITED LANDSCAPING. IF IT'S ENOUGH TO FEED THAT, THEN HERE WE GO. SO COULDN'T YOU DO THE HVAC, LIKE THE TOTAL TONNAGE FOR THE PROJECT MM-HMM . VERSUS FIVE UNIT. SO THEN IT DOESN'T MATTER IF THEY PUT FIVE TON UNITS ON YEAH. OR 20 TON UNIT, THEY HAVE FOUR. YEP. AND THAT'S EXACT, WE'RE THINKING THE SAME THING. RIGHT. UM, FOR JUST ONE QUESTION. HYPOTHETICAL, DOWNTOWN PERSONS DOING A PROJECT WITH NO LANDSCAPING MM-HMM . UM, WOULD THEY STILL BE REQUIRED TO DO THE H FACTORY CAPTURE IF THEY DON'T HAVE A USE FOR THE H FACTOR CAPTURE? I WOULD SAY MY OPINION IT WOULD BE, NO, NOT AT THAT POINT. 'CAUSE WE DON'T NEED IT. ARE YOU OKAY WITH THAT DR. MAC? WELL, , WE'RE GONNA DO THE WATER. YEAH. THERE'S, THERE'S A HOLISTIC THOUGHT TO HOW YOU COULD APPROACH THAT AND IT GETS INTO LANDSCAPING IN THE AREA. SO IF YOU'RE DOWNTOWN, FOR EXAMPLE, DOWNTOWN BURNING, THERE'S, THERE'S NO, THERE'S NOTHING ON THE INDUSTRY. I MEAN, THERE'S ALMOST NO TREES. I'M JUST SAYING THERE ARE WAYS THAT CANING CITY, WHAT'S THAT? CITY PLANTS. I MEAN, THAT'S NOT THEIR RESPONSIBILITY. I MEAN, WE'RE GONNA MAKE 'EM PIPE IT DOWN INTO THE CREEK. THAT'S A THOUGHT. I LIKE THE LEVEL, THE CREEK WHEN THERE'S UNDERSTAND, I UNDERSTAND YOUR POINT, YOU GETTING INTO, INTO, I JUST WANNA MAKE SURE DOWNTOWN IS DIFFERENT, A LITTLE DIFFERENT HISTORICAL AND THERE ARE DIFFERENT, IT'S DIFFERENT. I JUST WANNA MAKE SURE ABOUT THAT. SO I, I THINK WE'VE THOUGHT ABOUT THAT FOR DIFFERENT THINGS FOR LIKE PLATTING AND THINGS. I THINK IT'S JUST IMPORTANT THAT WE KEEP THAT IN MIND THAT THERE ARE UNIQUE SITUATIONS WITHIN OUR COMMUNITY THAT, THAT'S A GOOD COMMENT. SO THAT'S ALL. IT'S A GOOD COMMENT. YEAH. WELL, THE HVAC CAPTURE IS TERRIFIC. WHAT YOU GOT FROM BUCKY'S WAS AWESOME. I MEAN, THAT JUST ABSOLUTELY EXHAUST WELL THE THING IS THAT EVEN IN SMALLER PROJECTS, I'M NOT TALKING ABOUT WHEN YOU GET TO ZEROSCAPE, I MEAN, IN AN EFFORT TO BE A DARK SKIES TREE CITY, WHICH WAS SUPPOSED TO BE A TREE CITY, EVEN SMALL PLOTS OF LAND CAN IRRIGATE PRETTY SIGNIFICANT LANDSCAPING WITH SOME OF THESE, WITH SOME OF THESE THINGS WITHOUT ZERO SCALE, WITH MINIMAL ZEROSCAPE. I'M JUST SAYING THE, THE, I'M LOOKING AT FROM THE WHOLE PICTURE OF IT BECAUSE THE HVAC STUFF, IT RUNS ALL THE TIME. I MEAN REALLY, I MEAN, DON'T PICK UP ON THE CITY ALL BUT THIS BUILDING, I HAVE NO IDEA WHAT IT COULD GENERATE TO MAINTAIN ALL THIS STUFF. WELL THAT WAS MY NEXT QUESTION. DO WE HAVE HVAC RECAPTURE HERE IN THIS BUILDING? HOW MUCH WOULD IT COST? ANY ANYBODY COST TO THAT ITEM? BECAUSE YOU KNOW, IF WE'RE GONNA REQUIRE IT, WE HAVEN'T SET THE EXAMPLE AS A CITY. AND IT IS WHAT WE HAVE DONE WITH THE, WE ARE DOING IT IN OUR NEW FIRE STATION. YEAH. OKAY. THIS BUILDING NEEDS TO HAVE IT ALL REPLACED. THAT'S WHEN WE'LL LOOK AT OKAY. THAT, YEAH. WE ARE FIRE STATION IS RAINWATER TOO. HUH? RAIN WATER. IT'S HVAC. IT WASN'T AT FIRST, BUT WE WENT BACK AND DID IT. OH GOOD. SO WE CAN POINT TO WHATEVER NEW CONSTRUCTION WE'VE GOT OR RENOVATION, REMODELING, WORK, WHATEVER WE'RE DOING. AND WE'RE GONNA DO THIS EVERY TIME WE HAVE THE CHANCE TO LEASE STATION. THE LIBRARY ARE ALREADY ALREADY DOING THOSE THINGS AS WELL. WE DID THE LIBRARY, WE DID THAT WHEN LEADS REQUIREMENTS FOR PUBLISHERS AS WELL. OKAY, GOOD. SO ONE IDEA, UH, DR. MACK IS, IS FOR DOWNTOWN, MAYBE WE DO, YOU KNOW, INCENTIVES, PREPARE A PLAN THAT HAS INCENTIVES WHERE, HEY, IF YOU CAPTURE IT AND YOU CAN GET IT HERE, WE'LL GIVE YOU, YOU KNOW, WHATEVER. WELL, I MEAN, FOR EXAMPLE, YOU'VE GOT, YOU'VE GOT SOME OF THESE WINERIES GOING ON MAIN STREET. THEY'RE ON LAND, THEY'RE NOT ON A BIG SLAB, BUT NOTHING THERE. I WOULD THINK THEY WOULD WANT TO HAVE SOME NICE LANDSCAPING. IT'D BE NICE IF THEY WOULD WATER IT WITH THE WATER THAT THEY GET FROM THE AIR CONDITIONING THEY'RE USING IN THE WINERY. [00:40:01] COULD YOU USE IT FOR TOILETS? UH, THAT YES, EXCEPT FOR IT'S MUCH MORE EXPENSIVE AND YOU GOTTA TREAT IT FIRST. POTABLE POT BECAUSE, BECAUSE YOU DON'T WANT THE, UH, THE RAW RAINWATER IN YOUR STORM HERE. SO, RIGHT. WAIT, HVAC, HVAC, HVAC, RAINWATER. I WAS THINKING RAINWATER CAPTURE. SORRY. SO IT IS, IT CAN BE DONE. IT REQUIRES ANOTHER DESIGN SYSTEM THAT, SOME SORT OF SEMI TREATMENT. THAT'S THE WHOLE WIMBLEY SCHOOL. ONE WATER. YOU DON'T HAVE TO PLUM THE HOUSE DIFFERENTLY. CAN BE DONE TO HAVE DIFFERENT WATER, BUT NOT FOR EXISTING. AND YOU'D HOPE YOU HAVE ENOUGH. RUN YOUR AIR CONDITION OFF. YOU GOTTA KICK, GO THE BATHROOM FOR ANOTHER FOUR HOURS. NOT UNTIL TWO, ONCE A WEEK BABY, ONCE YELL, LET HEAT IN YOUR POOL ALL YEAR, ISN'T IT? ANY OTHER THOUGHTS? IS THE TERM ENCOURAGED FOR SINGLE FAMILY USE? IS THAT ENCOURAGED? MEANING IN THE FORM OF REBATES? DON'T KNOW. WE HOPE SO. NO. SO IT COULD BE UTILITY REBATES, IT COULD BE DENSITY IN A NEW SUBDIVISION IF THEY PUT IT ALL IN. IT COULD BE. WE'VE HAD A COUPLE OF RESIDENTIAL PROJECTS THAT HAVE COME IN IN AND SAID, HEY, WE'D LIKE TO BE THE MODEL. HVAC, HVAC WE CAPTURE ON SINGLE FAMILY IS VERY EXPENSIVE AND VERY DIFFICULT, BUT THEY'RE WILLING TO DO IT IF WE CAN TRADE 'EM A COUPLE MORE LOTS OR SOMETHING TO THAT EFFECT. AND WE'VE HAD VERY PRELIMINARY CONVERSATIONS ABOUT, HEY, YOU'RE GONNA HAVE TO TELL US WHAT THAT LOOKS LIKE IN ARIZONA AND UTAH, NEVADA, WHERE THEY DO THAT A LOT, BUT WE'RE NOT SURE HOW THAT FITS INTO BERNIE SINGLE FAMILY. HVAC IS ANYWHERE FROM TWO TO $30,000. IT DEPENDS ON WHAT YOU WANT TO DO WITH IT. OH WOW. YOU JUST WANNA COLLECT THE WATER AND JUST HAVE A SPIGOT ON SOMETHING AND GET A BUCKET. IT'S, YOU CAN DO IT FOR SEVERAL THOUSAND DOLLARS IF YOU WANT INTEGRATE INTO AN IRRIGATION SYSTEM WITH A PUMP AND ALL THAT. YOU, YOU'RE GETTING 10, 20,000. SO YOU GOTTA HAVE A BIG ENOUGH HOUSE TO MAKE SENSE. NATE, NATHAN, WHEN THE, WHEN THE CITY USES THE WORD ENCOURAGED, DOES THAT LIMIT AN HO A'S ABILITY TO RESTRICT IT? NO. NO. H OA HOA IS THEY OA WERE TWO SEPARATE ENTITIES AND YEAH. AND UH, 'CAUSE I COULD SEE SOMEBODY SAYING, HEY, THE CITY'S ENCOURAGING IT, BUT MY HOA IS NOT ALLOWING IT. BUT THAT'LL ACTUALLY HAPPEN. I MEAN, THAT'S GONNA HAPPEN. THAT'S AGAIN, THEY LIVE IN THAT NEIGHBORHOOD WITH THEIR OWN DEAL RESTRICTIONS. BUT, BUT CURRENTLY UNDER STATE LAW, HOAS CANNOT RESTRICT RAINWATER CAPTURE THAT. I KNOW FOR A FACT WHAT I'M SAYING, WE COULD BE INCENTIVIZING OR ENCOURAGING OTHER ASPECTS OF THE CONTRIBUTE. SOMETHING THAT MIGHT NOT TO EVERYBODY, BUT ONE DOESN'T TRUMP THE OTHER. LIKE THE CITY DOESN'T HAVE THE ULTIMATE SAY OVER THE HOA, RIGHT? IF THEY'RE EQUALS. NO. 'CAUSE IT'S A, COULD WE PUT SOMETHING IN BEFORE THE, THE DESIGN PLAN BEFORE? I MEAN, SO AS A NEW DEVELOPMENT COMES, WE COULD TELL 'EM, HEY, ON, ON APPROVAL, THE CONDITION THAT HEY, THIS IS WHAT, YOU CAN'T ADD THIS TO YOUR DEED RESTRICTIONS AND THINGS OF THAT NATURE. BUT WE'VE NOT EVER HAD THAT. WE'VE NOT EVER BEEN BEFORE THINKING, WELL WE'VE, WE'VE HAD A PROJECT, WE'VE HAD ONE PROJECT WHERE THEY SAID THEY WOULD DO BOTH, BUT THERE WERE OTHER ISSUES THAT MADE THAT NOT VERY GOOD FOR US. OKAY. ALRIGHT. SO IT'S KIND OF A TWO, TWO PART PROJECT. WE'RE GONNA HIT THE LOW HANGING FRUIT THAT WE CAN AND THEN COME BACK, LOOK AT INCENTIVES, RETROFITTED INCENTIVES. INCENTIVES, WHATEVER. ALRIGHT. DARK SKY REGULATION UPDATE. UH, WE ARE TRYING TO APPLY THIS YEAR FOR OUR DARK SKY COMMUNITY CERTIFICATION. UH, YOU GUYS ALL NOTICE THE, UH, LIGHT MONITORS, UH, THAT WERE PURCHASED AND BEING INSTALLED. UM, WE NEED TO UPDATE THE UDC, UH, IN ORDER TO APPLY FOR THE CERTIFICATION. OKAY. UH, IT'S, THE IDEA IS, IS THAT WE HAVE, WHEN WE DO THE UPDATES TO BE CONSISTENT WITH WHAT THE DARK SKY INTERNATIONAL IS THAT IN THEIR MODEL ORDINANCE, UM, THAT THEY PREVIEW IT BEFORE WE BRING IT, UH, TO YOU GUYS TO SEE. UH, SO THAT WAY WE CAN, WE CAN MAKE SURE, WELL I DON'T WANT YOU TO PROVE SOMETHING THAT THEY DON'T LIKE AND HAVE TO START OVER. UH, SO THAT, SO THAT'S, THAT'S OUR GOAL. WE WANNA ALIGN THE REGULATIONS WITH DARK SKY INTERNATIONAL MODEL ORDINANCE. UH, CHANGES INCLUDE AVERAGE FRONT CANDLE BASED ON SPECIFIC USE. OURS IS IS RIGHT NOW BASED ON ZONING DISTRICT, UM, AND CLARIFICATIONS FOR [00:45:01] INTERIOR ILLUMINATED SIGNS AND HOW WE DEAL WITH THOSE. THOSE ARE JUST A COUPLE OF EXAMPLES THAT WE'RE GONNA DEAL WITH WITH THAT. AND THIS IS, UH, THE NEW LIGHTING OUT AT THE PARK. YEAH. THAT'S AWESOME. IT LOOKS SO COOL. THAT'S COOL. YEAH, THAT'S NICE. SO JUST, I'M SORRY, ANOTHER QUESTION. SO WHAT IS, WHERE ARE WE STAYING WITH THIS RIGHT NOW? SO YOU GOT THE MONITORS OUT. WE GET THE MONITORS UP. THAT WAS REQUIRED. WHERE WE'RE, WE ARE, WE ARE WORKING WITH, UH, RUSSELL WORKING WITH KENDALL COUNTY AND I CAN'T FORGET, FORGET WHO THEY SAID ANYWAYS ON, ON THEIR STUFF. BUT WHERE WE ARE IS WE ARE FINALIZING OUR AMENDMENTS TO SEND TO THEM TO REVIEW SO WE CAN GET OUR CODE UPDATE TO FILE THE APPLICATION. THAT'S AGAIN, OUR GOAL IS, UH, FALL TO FILE THAT APPLICATION. TO ANSWER YOUR QUESTION, ED, IT I KNOW BIG RIGHT? UH, ALRIGHT. UH, LEGISLATIVE CHANGES, UH, HB 24 NOTICE AND PROTEST PROCEDURES FOR ZONING CHANGES. IT MOVES THE PRO T THRESHOLD FROM 20 TO 60%. FAIRLY MINOR CHANGE THAT WE CAN MAKE IN OUR CODE. UH, BUT THAT'S WHAT WE'LL DO. UM, NO IMPACT HOME BUSINESSES. UH, IT PROVIDES A DEFINITION OF WHAT IT MEANS TO BE A NO IMPACT HOME BUSINESS. THE IDEA IT'S BUILT AROUND NO ADDITIONAL TRAFFIC OR PARKING IMPACT AND NOT ANY VISIBLE ACTIVITY. IF YOU MEET THOSE, THEN YOU CAN JUST GO IS HOW THE STATE LAW IS WORDED. UH, YOU DON'T NEED ANY APPROVALS. THE GOOD NEWS IS THAT WE'RE, WE ARE PROBABLY HALFWAY THERE THREE QUARTERS OF THE WAY THERE. AND IN COMPLIANCE, UH, RIGHT NOW THEY'RE PERMITTED AS AN ACCESSORY USE IN OUR RESIDENTIAL DISTRICTS. BUT WE DO HAVE SOME RESTRICTIONS, UH, IN OUR UDC THAT WE'RE GONNA HAVE TO REMOVE TO ADDRESS THIS. OKAY. SO WHAT, WHAT HAS TO BE REMOVED? OH GOD, I ASK ME THAT. UM, WAS THERE ANY, I MEAN, WHAT ARE THE TWO OR THREE THAT WE, IS THIS STRICTER THAT 24 64? NO, NO, IT'S LOOSE. YEAH, IT'S LOOSE. VERY LOOSE. IT'S LOOSE. IT'S LOOSER. I, OKAY. THAT'S ALL RIGHT. I DON'T, I'M SORRY. FOOD TRUCK, SAME THING. THE IDEA IS THAT IF YOU HAVE A STATEWIDE MOBILE FOOD VENDOR LICENSE, UH, CITY DOES ISN'T GONNA REGULATE YOU. REGULATE YOU IN TERMS OF WHAT? I MEAN LICENSING PERMITS. YOU DON'T NEED A PERMIT, BUT YOU CAN JUST PARK WHEREVER YOU WANT. YEAH. THERE'S NOT, YOU CAN PULL IN FRONT OF AN ESTABLISHED BUSINESS WITH YOUR FOOD TRUCK IN A RESTAURANT OR A A, THE WAY I UNDERSTAND IT. YEAH. WOW. SO A COFFEE, A COFFEE BENDER COULD PULL IN FRONT OF A COFFEE SHOP IN BERNIE OR A BEER BENDER IF THERE'S SUCH A THING IN MOBILE BEER BENDER. I DON'T KNOW. IT WOULD'VE TO BE ZONE WHITE LOOKING AT ME. I DON'T EVEN DRINK IT WOULD'VE TO BE ZONED FOR THAT USE. I DON'T THINK SO. FOR TRUCK IT NO ZONING. THEY, IN FACT, THE COUNTY, THE COUNTY'S BEEN, UM, DOING THE HEALTH INSPECTIONS FOR THAT, THAT THEY INFORMED ME RECENTLY THAT, THAT THEY'RE EVEN GETTING OUT OF THAT BUSINESS. 'CAUSE THE STATE IS TAKING THAT AWAY. IT'S ACTUALLY BRENDA PUT IN HER NOTICE AND THEN THEY DIDN'T DO THEIR DUE DILIGENCE AND HAD TO HIRE CONTRACTORS 'CAUSE THEY DIDN'T HAVE ANYONE. YEAH. BUT BUT THEY ALSO, THEY GOT SOMEONE, BUT THEY TOLD ME THAT STATE'S COMING IN AND EVEN TAKING THAT AWAY, THEY'RE HANDLING THAT. SO AGAIN, A LOT OF STATE OVERSIGHT OVER ON FOOD TRUCKS. AND SO AS LONG AS IT'S IN A PUBLIC WHATEVER, IF IT'S ON A PRIVATE PARKING LOT OF A STARBUCKS, I MEAN STARBUCKS CAN PROBABLY TELL THEY, THEY COULD PARK ON THE SIDE OF MAIN STREET. WELL, THEY GOTTA BE SAFE. I MEAN IT WOW. THEY CAN'T JUST, THEY JUST OPERATE AS LONG AS THEY'RE NOT BLOCKING, I'M SURE TRAFFIC OR YEAH, WE CAN DEAL WITH IT FROM A SAFETY STANDPOINT. UH, BUT IF THEY HAVE THAT STATE PERMIT, THE BILL EXEMPTS US FROM REQUIRING ANY OTHER PERMITS. THAT'S REALLY UNFORTUNATE FOR ALL THE BUSINESS OWNERS THAT INVEST IN INFRASTRUCTURE IN OUR TOWN FOR THAT TO BE ALLOWABLE. WELL, SINCE WE'RE TALKING ABOUT IT, I KNOW THE CHIEF'S NOT HERE, DOES HE? BUT, UM, WHAT IS THE SAFETY ISSUE ON MAIN STREET? I MEAN, SOME OF THESE FOOD TRUCKS ARE PRETTY BIG AND NOT JUST A LITTLE, YOU KNOW, I MEAN, YOU COULD, YOU COULD, YOU COULD FIND A WAY TO SIT THERE AND GO, THERE'S TOO MANY PEOPLE HERE. IT'S CAUSING A SAFETY VIOLATION OF TRAFFIC IMPACT. I MEAN, YOU COULD TICKET THEM AND MAKE A MOVE. WE HAVE TO DEAL WITH IT ONE AT A TIME, I GUESS DEAL ON MAIN STREET COURTS. YEAH, THEY WOULD BE TOO WIDE. NOT TO THE TRAFFIC. OUR CURRENT ORDINANCES DON'T ALLOW IT, BUT IF THEY PUSH IT, THEN IT'S GONNA BE IN THE COURTS. I MEAN, IT'S GONNA GET PUSHED IN THE COURTS BECAUSE IT'S GONNA, IT'S NEW REG, NEW STATE TAKING [00:50:01] AWAY OUR RIGHTS TO MANAGE THAT. AND IT'S GONNA GET CHALLENGED. WELL, THE STATE'S SUPPOSED TO ADOPT MORE STRINGENT REGULATIONS. IT'S SUPPOSED TO, SUPPOSED TO, BUT THAT, OF COURSE, THAT TAKES A A LONG TIME ANYWAY. SO I DON'T KNOW WHERE THEY'RE IN THAT PROCESS. I BELIEVE COURTESY TRUMPS FAULT, MAYBE WE GO BACK TO, UM, HOME OCCUPATION. COUNCILMAN AL ASKED ABOUT WHAT WE CURRENTLY PROHIBIT. WE PROHIBIT MOTORIZED VEHICLE REPAIR, ELECTRONICS AND APPLIANCE REPAIR, ANY INDUSTRIAL USE AND RETAIL SALES OF ALL ONSITE PURCHASES. BUT I GUESS M**K, THE NO IMPACT DEFINITION'S GONNA EXCLUDE ALL THAT STUFF ANYWAY. YOU CAN HAVE CARS COMING AND GOING TO MOTORIZED VEHICLE REPAIR. THERE'S ALSO SOME PERFORMANCE STANDARDS IN THERE THAT I THINK WE NEED TO LOOK AT. SO WE JUST WANNA BE SURE WE DON'T ALLOW SOMEBODY WORKING OUT OF THEIR GARAGE, YOU KNOW? WELL, I, I, I ASKED DON'T YOU WANT THEIR ? YOU DON'T WANT THAT. YOU DON'T WANT THAT. I THE GARAGE THAT I, I ASKED THE QUESTION SPECIFICALLY BECAUSE THERE'S A ART STUDIO IN MY NEIGHBORHOOD AND THEY HAVE EVENTS WEEKLY AND IT IMPACTS PARKING, UM, ON THE STREET THOUGH. UM, RIGHT. SO THIS, IF YOU GO BACK TO, IF YOU GO BACK TO THAT HOME-BASED BUSINESS, NO ADDITIONAL TRAFFIC OR PARKING IMPACT. THE IDEA IS THIS IS THE IDEA TO ADDRESS WORKING FROM HOME AT, FOR YOU. I KNOW YOU'VE DONE THAT A LOT. YEAH. UH, LUCAS, YOU KNOW, YOU'RE DOING OFFICE WORK FROM HOME ACCOUNTANT? NO, THE YEAH, THAT'S, THAT'S THAT'S WHAT IT'S DESIGNED TO ADDRESS. BUT THAT WAS NEVER, NOT ALLOWED TO BEGIN WITH. RIGHT. NO. THAT'S WHY I'M SAYING WE ARE LIKE THREE QUARTERS OF THE WAY THERE, SO, OKAY. OKAY. OTHER THINGS WE'RE LOOKING AT, UH, IS TELECOMMUNICATION SITE PLANNING STANDARDS, UH, REALIZE, UH, WE DON'T HAVE THOSE, SO IT'D BE GOOD TO HAVE THOSE, UH, FENCES. WE GET A LOT OF REQUESTS. UH, THE BOARD OF ADJUSTMENT IS HERE. A LOT OF REQUESTS ABOUT HAVING PEOPLE WANTING EIGHT FOOT FENCES. UH, WE DO HAVE SOME EXCEPTIONS TODAY. WE WANT TO LOOK AT THOSE AGAIN AND SEE HOW THEY APPLY TO SEE WHAT WE'RE, WHERE THE REQUESTS WE'RE GETTING AND SEE IF WE CAN, UH, WORK THAT INTO OUR CODE. AS LONG AS WE HAVE THE ADJACENT PROPERTY OWNER PERMISSION, WE DON'T WANT SOMEBODY TO PUT UP A 10 FOOT FENCE NEXT TO THEIR, OR AN EIGHT FOOT FENCE AND, AND, UM, DEALT WITH ONE ON, WAS IT STALL? I EVEN STALL WHERE THE NEIGHBOR WAS LIKE, YEAH, WE DON'T WANT AN EIGHT FOOT FENCE HERE. 'CAUSE IT BLOCKED WHATEVER, OR MADE 'EM FILL ENCLOSED OR WHATEVER. SO THAT'S THE KIND OF THING. UH, ALSO LOOKING AT ALLOWING, UH, RANCH TYPE FENCING FOR ONE ACRE PLUS LOTS. UH, WE GET A LOT OF REQUESTS, ESPECIALLY MANGER SPRINGS, UH, LAKE SHORE, UH, THE ONES WITH THE BIGGER LOTS TO DO THE RANCH STYLE FENCING. UH, RIGHT NOW IT'S NOT LOT. WHEN YOU SAY RANCH STYLE, YOU MEAN LIKE KING RANCH FENCING, UH, WHAT DO YOU DESCRIBE IT AS? RANCH STYLE. RANCH STYLE. I THINK OF, UM, BECAUSE I HAVE A KING. YOU'RE NO, NO, NO. BARBED WIRE. NOT BARBED WIRE. WHAT YOU TALKING ABOUT? HA. WIRE. WE'LL DEFINE IT FOR YOU. BUT MY VISION IS LIKE WHAT YOU'RE SAYING, LIKE KING RANCH, A FOUR FOOT KING RANCH, RANCH WITH CITY POST AND YOU KNOW, WATER. YEAH. WHICH WAS REQUIRED. CATTLE PANEL AND CEDAR POST. YEAH. SO, UM, YEAH. UH, ALSO REAL QUICK ON STATE LAW, AND CORRECT ME IF I'M WRONG, DIDN'T THEY MAKE, UH, PREEMPT ANY REGULATION ON FENCING YOUR ENTIRE PROPERTY? LIKE THE FRONT YARDS OF PROPERTY? I DON'T REMEMBER SEEING THAT. I REMEMBER THAT IT BROUGHT, MAYBE IT DIDN'T PASS. I, I REMEMBER SEEING THAT BECAUSE THAT WAS, WELL, IT COULD HAVE, I JUST DON'T REMEMBER THAT. OKAY. UH, SIGNS LOOKING AT POSSIBLY DOING MAXIMUM SIGN AREA PER PROPERTY. WE HAVE MONUMENT SIGNS THAT THEY DO. WE HAVE WALL SIGNS THAT THEY DO. WE HAVE ALL DIFFERENT SIGN TYPES. SO LOOKING AT THAT, UH, WE GET A LOT OF RE RIGHT NOW, FILL LOT REQUESTS ON, UH, SWIMMING POOLS AND HOW CLOSE THEY CAN BE TO STRUCTURES. UH, AND SO IF IT'S WITHIN FIVE FEET, UH, IT COULD POSSIBLY BE ALLOWED MAYBE IN AN ENGINEER WITH AN ENGINEER CERTIFIED LETTER, MEANING, HEY, THIS POOL'S NOT GONNA WASH OUT AND DESTROY THE HOUSE FOUNDATION KIND OF THING. UH, PARKING. PARKING, UH, WE LIKE TO INCLUDE A CAP ON THE MAXIMUM OVERAGE OF PARKING SPACES. IN OTHER WORDS, WE SAY, HERE'S YOUR MINIMUM. YOU HAVE, YOU CAN GO ABOVE THAT IF YOU DO THESE THINGS LIKE BIKE RACKS AND STUFF LIKE THAT, IF YOU DO THESE THINGS. UH, BUT WE WANT TO CAP THAT AND WE WANT TO, UH, REQUIRE ADDITIONAL MITIGATION IF [00:55:01] THEY'RE GONNA GO ABOVE LANDSCAPING, THAT KIND OF STUFF. IF THEY'RE GONNA GO ABOVE. OKAY. YOU, YOU GONNA HAVE SOME, SOME METRICS ON THAT, HUH? THAT'S KIND OF VERY VAGUE. YES. YES. NOW WE'LL, WE'LL SHOW YOU EXACTLY. UH, OVERLAY DISTRICTS, UH, WE RAN INTO AN INTERESTING, UH, ISSUE, UH, SCHOOL STREET AND BANDERA WHERE WE, SOMEBODY WAS LOOKING AT THAT PROPERTY THERE. WAS IT BANDERA? NO, IT WASN'T BANDERA, WAS IT, WAS IT MAINE SCHOOL IN MAIN ANYWAYS? UH, AND IT HAD TWO DIFFERENT OVERLAYS. I I KNOW IT WAS ALONG THE FREEWAY , IT HAD TWO DIFFERENT OVERLAYS SCENE. IT HAD, UH, ENTRANCE CORRIDOR, IT HAD, UH, THE FREEWAY ONE AND ANOTHER ONE. AND SO IT WAS LIKE, OKAY, HOW, WHAT DO WE DO? SO WE WANT TO ADD SOME GUIDANCE IN THERE. APPLY THEM ALL, APPLY THEM ALL. SPECIAL PROPERTY, RIGHT? HAVE THREE OVER THERE. YOU WANT BUILD THERE, YOU EM ALL. YEAH, GREAT IDEA. THEY JUST CONFLICT. SOME OF THEM, 'EM COME UNDERSTAND CONFLICT WITH EACH OTHER. AND THAT'S WHAT WE WANT TO ADDRESS. UH, AUTOMOBILE SERVICE RIGHT NOW IT'S BASED ON TONNAGE, VEHICLE TONNAGE. UH, AND WE STILL WANT TO KEEP THE NON-COMMERCIAL STUFF, BUT WHAT GETS LEFT OUT IS BIG TRUCKS LIKE THE MAYOR'S OR JEFF'S OR UH, THAT CAN BE WORKED ON BY UH, CHRISTIAN BROTHERS OR DISCOUNT TIRE OR THINGS LIKE THAT. SO WE WANT TO ADDRESS THAT. UH, CITY PROPERTY. WE HAVE A CITY PROPERTY ZONING DISTRICT. WE NEED TO ADD SOME DEVELOPMENT STANDARDS TO THAT. AT LEAST LIST IT IF WE'RE NOT GONNA, IS THAT THE SAME AS CIVIC ZONING? NO, THEY'RE TWO DIFFERENT. OKAY. WE LEARNED THAT. UH, I JUST FOUND THAT OUT. YES, BOTH CIVIC AND CITY. AND THE CITY DOESN'T HAVE THESE DEFINITION STANDARDS. YEAH. SO I THINK MAYBE YOU TAKE CITY OUT AND JUST MAKE IT CIVIC, BUT WE GOTTA DO SOMETHING. YEAH. WELL, WHICH ONE'S MORE RESTRICTIVE? THE CITY DOESN'T HAVE ANYTHING. CITY DOESN'T HAVE, I WOULD SAY, I WOULD SAY CIVIC, I'M GUESSING, UH, TEMPORARY USE PERMITS, UH, TO TRY TO ADDRESS SEASONAL SALES, FIREWORKS, CHRISTMAS TREES, THAT KIND OF STUFF. UH, POSSIBLY LOOKING AT THAT. UH, RIGHT NOW OUR FLAG SIZE, AND I'M NOT TALKING US FLAG, I'M TALKING OTHER ONES BASED ON, UH, THE PYLON SIGN SIZE. SINCE WE REMOVED THOSE, WE GOTTA REPLACE THAT. UH, ALSO HLC MEETINGS RIGHT NOW, THEY'RE ON THE FIRST TUESDAY. WE'D LIKE TO MOVE 'EM TO THE THIRD MONDAY. THAT'S GONNA TAKE A CODE AMENDMENT TO DO IT. WHY I ANYWAYS, UM, TO DO IT. UH, WE'RE ALSO THINKING ABOUT, UH, COMBINING, UH, DRC AND HLC SINCE WE REMOVED THE ABILITY FOR SIGN VARIANCES, FOR, UH, PYLON SIGNS. THE NUMBER OF MEETINGS WE HAVE WITH DRC HAS JUST GONE DOWN. AND SO WE'RE LIKE, OKAY, CAN WE USE THOSE PEOPLE THAT COME ONCE A YEAR FOR A DRC MEETING OR TWICE A YEAR? CAN WE USE THEM ON TO BACKFILL VACANCIES ON OUR EXISTING BOARDS AND COMMISSIONS? THEY EXPRESSED DESIRE, THEY SHOWN THEIR WILLINGNESS. MAYBE THAT WORKS, MAYBE THAT DOESN'T. JUST AN IDEA WE'RE TALKING ABOUT. UM, BUT COMBINING THOSE TWO, UM, WHERE DO SIGN VARIANCES GO NOW TO DRC? UH, YES THEY DO. UH, BUT IF YOU REMEMBER, UH, IN OUR LAST SIGNED AMENDMENT, THEY HAD A LOT OF OUR LAST UDC UPDATE WE HAD, WE CHANGED THE SIGNS WHERE THERE WAS A LOT OF PERMISSIVE, HEY, YOU CAN HAVE A SIGN THREE FIVE FEET TALL UNLESS DRC APPROVES ANOTHER 10 FEET. YOU KNOW WHAT I FEEL ABOUT THAT? YES. AND WE GOT RID OF THAT. SO THEY CAN'T DO THAT. ANYMORE. SO LET ME JUST ASK YOU THIS WAY. CURRENTLY, CURRENTLY, I MEAN THE EXAMPLE IS THE SHELL STATION AT THE CORNER OF BANDERA AND I 10. YES. THEY CHANGED USE YEP. TO CHASE MANHATTAN BANK. THEY HAVE WALL SIGNS ON TWO SIDES THAT ARE QUITE LARGE. ARE THEY GONNA PUT A PILE ON SIGN? NO. OKAY. MY POINT IS, AND IF THEY DID, HOW TALL WOULD IT BE? UH, THEY ONLY CAN DO A MONUMENT SIGN, WHICH IS EIGHT FEET. EIGHT FEET. THAT'S MY POINT. SO THAT I DON'T WANT ANY VARIANCES ON SIGNS. YEAH. PERIOD. SO I'M JUST SAYING BECAUSE THERE'S NO NEED FOR, I MEAN, EVEN IN THE HISTORIC DISTRICT, IF YOU'VE GOT A BUILDING THAT'S GOT A SIGN ALREADY, AND WE, I SEE THIS ALL THE TIME. I WOULD LIKE MY SIGN TO BE A FOOT HIGHER OR A FOOT LOWER OR A FOOT TO THE RIGHT ROOF. I MEAN, YOU GOT A SIGN. THAT'S IT. PUT YOUR SIGN UP. I'M SORRY. I'VE RUN BUSINESSES. I MEAN, YOU DON'T NEED TO GO THROUGH ALL THIS. THERE IS, UM, STUFF, AGAIN, GOING DOWNTOWN ENVIRONMENT WHERE THERE'S SOME OLDER [01:00:01] SIGNS THAT HAVE SOME CHARACTER TO 'EM. I UNDERSTAND THESE CHANGES AND SO THAT, YOU KNOW, THE QUESTION IS, DO WE WANT THERE TO BE THE OPPORTUNITY TO HAVE A VARIANCE TO WELL THAT GETS IN THE HISTORIC. THAT GETS IN THE HISTORIC POTENTIALLY. RIGHT. BUT IF YOU'RE RESTORING THE SIGN, YOU HAVE TO GET A, IT'S A LITTLE DIFFERENT. NOT IF IT'S OUTSIDE THE BOUNDS OF OUR SIGN ALLOWANCE. NOW. THEY WOULD TECHNICALLY, IT'D HAVE TO GO DOWN. SO IT'S JUST THE ONLY THING I, I'VE SEEN THAT HAPPEN A COUPLE, SEVERAL TIMES. WELL, IT'S TO TY'S POINT ON ON THE MILE AND CERTAIN AREAS THAT ARE HISTORIC, YOU'RE GONNA HAVE SOME, YOU GOTTA HAVE SOME LEEWAY. I UNDERSTAND. I'M JUST TALKING ABOUT IN GENERAL THOUGH. BECAUSE PRIOR TO THE CHANGES, EVEN WITH THAT CHANGE OF USE FROM THAT SHELL STATION TO A BANK, THEY COULD HAVE PUT UP ANOTHER 75 FOOT SIGN. YEAH. THEY WOULD JUST REFACE THE EXISTING, REPHRASE THE EXISTING SIGN. I THOUGHT THEY COULDN'T DO THAT. THEY CAN'T, CAN'T. I'M SAYING THAT WASN'T PRIOR TO THAT. SO WE'RE DEALING WITH A NISSAN, NISSAN WANTS TOTALLY DIFFERENT ONE AND WE'RE LIKE, NOPE, NOPE. NO. SAME WITH HONDA. SAME WITH ALL OF 'EM. THEY GOT A, THAT'S IT. NEED TO CODE. ANYWAYS. THAT'S WHAT WE'RE LOOKING AT WITH HLC. I THINK THERE'S A LOT OF DISCUSSIONS THAT NEED TO BE HAD WITH DRC AND HLC ABOUT THAT. I THINK THAT MAKES SENSE. GETTING THE TWO TOGETHER. UH, I DO, I DO, WE DO WANNA MOVE THOSE MEETINGS, UH, WHEN THEY BACK UP. IT'S THE WEEK BEFORE AND THAT WEEK, LIKE THE FIRST WEEK IN APRIL, 3, 9, 3 MEETINGS THAT NIGHT. WHICH IS HARD TO DO. NOT JUST ATTENDING. IT'S PREPARING FOR 'EM ALL BEFORE ALL THAT KIND OF STUFF. UH, ENGINEERING MOBILITY, UH, CLARIFYING SIDEWALK REQUIREMENTS FOR REDEVELOPMENT AREAS. UH, INCORPORATING HIGH INJURY NET NETWORK CONCEPTS AND SAFE STREETS FOR ALL. UH, CLARIFY ACCESS REQUIREMENTS, CROSS ACCESS REQUIREMENTS FOR COMMERCIAL DEVELOPMENT. I THINK THAT'S REALLY IMPORTANT. THERE'S NO, NOTHING MORE FRUSTRATING THAN DRIVING IN 'CAUSE IT'S THE ONLY DRIVEWAY ON WHATEVER STREET AND YOU CAN'T GET WHERE YOU'RE GOING BECAUSE YOU DON'T CONNECT PARKING LOTS. UH, AND SOME OTHER MISCELLANEOUS CLARIFICATIONS. AND IF YOU HAVE ANY QUESTIONS, JEFF CAN ANSWER THOSE ON THAT. OKAY. ALL RIGHT. ANY THOUGHTS ON THAT? I UNDERSTAND WE GOT, WE GOT A LOT OF WORK AHEAD OF US. UH, A LOT OF, A LOT OF QUESTIONS AS THIS STUFF COMES FORWARD. UM, OUR PROJECT TIMELINE, OUR UDC ALLOWS, WE HAVE TO BE STRATEGIC BECAUSE OUR UDC UH, ONLY ALLOWS FOR TWO, WHAT I CALL COMPREHENSIVE AMENDMENTS PER YEAR. UH, AND, AND EACH AMENDMENT REQUIRES A TWO PUBLIC HEARINGS, ONE EACH AT P AND Z, ONE EACH AT CITY COUNCIL AT A MINIMUM. UH, WHAT WE'RE LOOKING AT IS OUR PARTY ONE AMENDMENTS. AND IF YOU HAVE ANY FEEDBACK ON THESE REALLY, UH, SPEAK UP IS OUR PLAT REVIEW PROCESS, UH, PROCESS IMPROVEMENTS. THERE'S AIRCAP HVAC DRAINAGE CALCULATIONS AND THE LAND USE CHANGES. THAT'S WHAT WE'RE PRIORITIZING FOR THIS FIRST PHASE THAT WE HOPE TO GET P AND Z UH, IN THE SUMMER. AND THIS MAY CHANGE, YOU KNOW, IN AND OUT. UH, BUT THERE'S THE LIST FOR, UH, PRIORITY TWO, WHICH, UH, FALL WAS TALKING TO JEFF AND HE, HE THINKS THEY MAY BE ABLE TO DO THEIR ENGINEERING AND MOBILITY WITH THE PRIORITY ONES AND IF THEY CAN, MAYBE WE CAN ACCOMMODATE THAT. UM, BUT THAT'S KIND OF WHERE THE TIMEFRAME THAT WE HAVE, UM, LAID OUT. YOU GONNA SHARE SOME OF LIKE LEAST THESE TWO? 'CAUSE I WILL REMEMBER THOSE, AT LEAST THESE TWO SOMETHING IN WRITING. YES. YEAH, WE CAN SEND THAT OUT. I MEAN, I KNOW IT'S A PUBLIC MEETING, BUT I'M NOT GONNA REMEMBER ALL THAT. NO, I WOULDN'T EXPECT YOU TO WATCH THE VIDEO . OH, ONE THING I DID FORGET TO MENTION IS WE JUST FOUND OUT THIS WEEK THAT THE, UH, LAWS CHANGED WHERE, UH, WHERE IF YOU ARE ALREADY SERVING IN A CITY POSITION, YOU CANNOT ALSO BE ON THE IMPACT FEE ADVISORY BOARD. RIGHT. SO WE'RE GONNA HAVE TO CREATE A NEW BOARD. OH. AND UM, SO P AND G'S NOT GONNA WORRY ABOUT DOING THAT. WELL THAT WAS A HUGE DRAIN ON OUR TIME. MASSIVE DRAIN ON OUR TIME CITY STAFF RESOURCES. YOU HEAR THOSE PRESENTATIONS FOR 15 MINUTES TWICE A YEAR. THAT'S WHERE THE UH, HC PEOPLE GOING. YEAH. PUT THE WELL, THEY'RE ALREADY ANOTHER OFFICIAL. WE CAN'T, WE GOTTA CREATE A WHOLE NEW BOARD. SO DOES DOES IMPACT, DID THAT MEAN THAT THE COUNCIL DOESN'T INCLUDE IMPACT FEES? NO, THEY DO NOT. THE BOARD GOES TO, GOES TO THAT BOARD. OH WOW. AN INDEPENDENT REVIEW OF THE ENGINEERING DESIGN REVIEW. IF THE [01:05:01] ASSIGNED REVIEW IS GONNA GO AWAY, YEAH, WE CAN GET SOME OF THOSE MEMBERS. IF THAT GOES AWAY AND THEY'RE NOT SERVING IN ANOTHER CAPACITY, WE CAN PUT POINT THAT IT'LL BE JUST AS OFTEN. BUT SERIOUSLY, ARE THE, ARE THE RULES STILL THE SAME? OKAY. THEY, THEY APPROVE THE IMPACT FEE, BUT WE HAVE CURRENT STANDARDS ON IMPACT FEES FOR DIFFERENT PROJECTS. YEAH. IT'S ALL SPECIAL. YOU KNOW, IT'S ARTICULATED BASED ON SIZE, SO THEY STILL TO FOLLOW THAT. BUT IF WE WANT TO INCREASE THOSE OR WHATEVER, WE HAVE TO DO A STUDY, WE HAVE TO PRESENT THAT TO THE IMPACT FEE REVIEW BOARD. THE, OKAY. BLESS IT. WE HAVE TO, THERE STATE GUIDELINES ON HOW OFTEN WE HAVE TO DO THAT. NOW THE, THE, THE LAWS CHANGED WHERE P AND Z CAN NO LONGER DO THAT. A LOT OF CITIES HAVE P ZS DO THAT, BUT WE CAN'T DO IT EITHER. WHAT YOU'RE SAYING, AND BY THE WAY, THEY HAVE STANDARDS THAT SAY HALF, I THINK 50 MARIA, 50% OF THE BOARD HAS TO BE DEVELOPERS, REALTORS, SOMEBODY FROM THE ETJ. IT'S, IT'S VERY DEVELOPMENT FRIENDLY TOO. NOW, NOT THAT YOU GUYS WEREN'T BUT . ANYWAYS, I JUST, UNLESS ANYBODY HAS ANY MORE QUESTIONS, I'D JUST LIKE TO THANK YOU FOR YOUR PARTICIPATION. APPRECIATE IT. I UNDERSTAND THIS IS HIGH LEVEL AND YOU HAVE LOTS OF QUESTIONS ON IT. UH, AND WE'LL DO OUR BEST TO ANSWER THOSE. AND UH, YOU KNOW, THERE'S NO PRIDE IN OFFICERSHIP ON ANY OF THIS STUFF. SO WHEN IT GETS TO YOU, UH, AND YOU LOOK AT IT AND YOU SEE SOMETHING, YOU KNOW, PLEASE MENTION IT. UM, UH, THE WORST DECISIONS, AS YOU KNOW, THE WORST DECISIONS THAT ARE MADE ARE ONES MADE IN A VACUUM. AND THAT'S OUR CALL. WELL THANKS. I THINK IT'S BEEN VERY HELPFUL. THANK YOU MAYOR AND COUNCIL FOR THIS WORKSHOP. CAN I THROW SOMETHING OUT THERE THAT HOPEFULLY YOU ALL WON'T CRUCIFY BEFORE. UM, UNDER THE CURRENT UDC, IF PNZ RECOMMENDS DENIAL THIS, YOU COULD IF GOES TO COUNCIL, BUT THERE HAS TO BE A SUPER MAJORITY OF THE COUNCIL TO OVERTURN THE P AND C RECOMMENDATION. I USED TO HAVE A PROVISION IN THE OLD ORDINANCES THAT SAID, IF P AND C WOULD RECOMMEND TO YOU ALL DENIAL OF THE ZONING CHANGE, YOU HAD TO AGAIN, HAVE SUPER MAJORITY OVERTURN THE P AND C RECOMMENDATION. SOMEHOW THAT GOT DELETED AND WE DID OUR DEAL WITH THE UDC SEVERAL YEARS AGO. WOULD YOU ALL CONSIDER PUTTING SOMETHING TO THE EFFECT THAT IF THERE'S A PNZ UNANIMOUS RECOMMENDATION FOR DENIAL OF THE ZONING CHANGE, IT MIGHT REQUIRE SUPER MAJORITY OF THE COUNCIL. JUST LIKE AN SUP RECOMMENDATION OF DENIAL CURRENTLY DOES. JUST, JUST FOR Y'ALL'S THOUGHT CONSIDERATION. THAT'S WORTH LOOKING INTO. I THINK IF IT'S A UNANIMOUS DECISION FROM P AND Z, I THINK THAT'S WORTHY TO THINK ABOUT. WELL, THE ONLY PROBLEM I HAVE WITH IT IS THIS, AND THIS GETS INTO THE STRUCTURE OF BOARDS, WHICH PROBABLY MORE DISCUSSION THAN ME. MY UNDERSTANDING, YOU CORRECT ME IF I'M WRONG, P AND Z IS AN ADVISORY BOARD. ALL THE BOARDS ARE ADVISORY BOARDS, EXCEPT OBVIOUSLY THERE'S DUE IMPACT FEE BOARD. 'CAUSE OBVIOUSLY IT'S NOT ADVISORY BECAUSE THERE'S NO NOTHING TO ADVISE. SO I MEAN, BASICALLY THERE MAY BE, AND I'M, I DON'T KNOW WHAT THEY WOULD BE, BUT THERE COULD BE CIRCUMSTANCES WHERE THERE'S PROJECT THAT YOU THINK IS A GOOD PROJECT AND FOR WHATEVER REASON WE THINK IT'S NOT A GOOD PROJECT OR VICE VERSA. SO I DON'T KNOW. I'LL DEFER TO EVERYBODY ELSE. WELL, BUT IT'S NOT, WE, WE WOULD STILL AS A COUNCIL, STILL HAVE THE OPPORTUNITY TO VOTE. RIGHT. VOTE FOR IT. HE'S JUST SAYING THAT IT COULD BE A SUPER, WE'VE ALREADY GOT THAT STANDARD. WE'RE NOT MAKING A DECISION BY IT. HAVE TO BE UNANIMOUS. UNANIMOUS. YEAH. RIGHT. THAT'S ALL ASK. I DON'T THINK THERE'S A M IS THERE ANY, ANY LEGISLATIVE CHANGES ABOUT SUPER MAJORITY USAGE AND PZ, WHICH SHOULDN'T BE FOR COUNCIL. WE SENT SESSIONS. IT, IT SW UP TO YOUR WORK. THANKS FOR TODAY. YEAH, I THINK IT'S A FAIR THING. SURE. OKAY. YEAH, I THINK IT'S A FAIR ASK. YEAH. OTHER THAN THAT, I APPRECIATE THE OPPORTUNITY TO GET US ALL TOGETHER. I THINK IT WAS VERY PRODUCTIVE. SO THANK YOU BEN FOR SETTING US UP. AND NATHAN, THANK YOU FOR YOUR PRESENTATION AND WE'LL EMAIL IT OUT. I, THAT'D BE HELPFUL. THANK Y'ALL FOR COMING. KNOW WE RAN LATE, SO I APOLOGIZE FOR THAT. THANK Y'ALL FOR COMING. IT'S MY FAULT. DID YOU LEARN ANYTHING? IT'S ALWAYS MY FAULT. OKAY. NATHAN, ONE QUESTION I HAD. YES SIR. WAS THERE ANY CONSIDERATION OF ADJUSTMENTS TO THE TREE MITIGATION ORDINANCE THAT WE HAVE IN PLACE? UH, RYAN AND I DID DISCUSS THAT. UH, AND HE WAS THINKING OVER, HE WAS THINKING OVER IT. RIGHT NOW HE'S NOT, HE'S NOT, IS NOT RECOMMENDING ANY CHANGES. THE REASON I CAN FOLLOW UP WITH YOU WHAT PROMPTS THE QUESTION IS, I KNOW MAYBE THERE WAS A EXAMPLE IN RECENT YEAR OR YEARS WHERE A LANDOWNER DECIDED TO PAY THE TREE MITIGATION FEES TO MAKE THEIR BUILDING MORE VISIBLE, TO LEASE IT OUT. 'CAUSE THEY FELT THAT THE TREES WERE INTERFERING WITH THE ADVERTISEMENT YES. OF SIGNS ON THEIR BUILDING MM-HMM . AND THAT JUST, IT WAS LIKE, YEAH. I MEAN THEY WERE BIG TREES. RIGHT. UM, AND I'LL JUST PAY THE FEE [01:10:01] SO MY SIGN CAN BE SEEN. YEP. BUT THAT'S STATE LAW. STATE LAW. THAT'S THE STATE BECAUSE, BECAUSE WE, I KNOW WE ALWAYS LOOK FOR RESERVATION MITIGATION AND THEN FEE IN LIEU OF IS IN STATE LAW. AND I'VE BEEN THROUGH THAT WITH THE NORRIS LANE AND IT WAS A HEFTY FEE TOO. I MEAN IT REALLY SURE. AND WE REALLY TRIED TO WORK WITH THAT INDIVIDUAL TO NOT CUT DOWN ON . WELL, I MEAN HE WAS JUST P****D OFF. HE WAS JUST P****D OFF 'CAUSE OF THE UH, AND HE STILL HASN'T RENTED THE PLACE. NO, HE HASN'T. I WOULD TELL HIM I DRIVE BY VACANT. YOU'RE EXACTLY RIGHT. I'M TELL YOU LUCAS TOO, THE COUNCIL HAD AN UPDATE ON THE TREE PRESERVATION ORDINANCE LAST YEAR BECAUSE I WAS GETTING, WE WERE, THE CITY WAS RECEIVING COUNCIL WAS RECEIVING PRESSURE, HIT MAKE THOSE FEES LESS. SOME WANTED THEM EVEN MORE. AND SO WE DID A BENCHMARKING REVIEW OF LOOKING AT, UH, OTHER CITIES. AND AT THE END OF THE DAY, COUNCIL CHOSE TO KEEP IT AS IS. WE GOT ONE OF THE MOST RESTRICTIVE ONES OUT THERE. I AGREE. THAT'S WHY I INQUIRED. IT SEEMED LIKE MAYBE IT WAS MISUSED IN THAT ONE SITUATION. I DON'T KNOW. OF ALL OF THE, WE MET WITH THEM. WE OFFERED, WE WOULD GIVE THEM CONSIDERATIONS THAT WE WOULDN'T NORMALLY GIVE OTHER PEOPLE JUST TO SAVE THE TREE. AND THEY TOLD US TO TAKE A HIKE. THEY WEREN'T YEAH, WE DON'T DISAGREE WITH YOU. IT'S JUST RESTRICTED THEN IT'S STILL VACANT ITSELF. YEAH. IT WASN'T THE TREES AFTER ALL, WHICH IS MY POINT. MAYBE IT'S THE OWNER MORE THAN LIKELY BASED ON OUR EXPERIENCE. RIGHT. MAYOR. ALL. WELL THEN WE WILL OFFICIALLY ADJOURN THE CITY COUNCIL MEETING ON THIS PART AT 8:47 PM. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.