Aug 10, 2022 Planning & Zoning Commission

[00:00:01]

GOOD EVENING, EVERYONE.

SORRY THAT WE'RE RUNNING A LITTLE LATE.

I DO APOLOGIZE.

[1. CALL TO ORDER]

WE DO HAVE A QUORUM WITH US PRESENCE HERE ON TONIGHT.

AS A MATTER OF FACT, EVERYONE IS HERE.

DO WE STILL COUNT? WHEW.

ALRIGHT.

WELL, NO.

OKAY.

WELL THEN ALL OF US ARE PRESENT.

WE'LL MOVE RIGHT ON MY MOM.

IS THERE A MOTION THAT WE ACCEPT THAT JULY 13TH, 2022 MEETING AS WELL MOVE.

UM, OKAY.

LET ME GET THE MOST, DID I MISS SOMETHING? LET ME GET THE MOTIONS.

OKAY.

YOU WANT ME? YEAH, I MADE IT.

OKAY.

LUCAS, MR. LUCAS.

THANK YOU SO MUCH FOR THE MOTION.

ALRIGHTY.

THANK YOU SO MUCH, MR. GRIFFIN.

NOW WE'LL HAVE A LITTLE DISCUSSION ON THE GERMAN TIME.

OH YEAH.

THE ADJOURNMENT TIME IS BLANK.

WE NEVER ADDRESSED.

MS. LUCAS SAYS WE'RE STILL IN SESSION.

ALRIGHTY.

SO IF YOU COULD JUST, WOULD YOU ACCEPT? DO WE HAVE A TIME? OKAY.

UM, YOU WANT TO TITLE THE MINUTES THEN? OH, WE HAVE A MOTION.

I JUST MAKE THE CORRECTION WITH ONE OF PEOPLE.

WELL, I GUESS WHEN YOU WITHDRAW MY MOTION,

[a. Consider approving the minutes of the July 13, 2022 Planning and Zonin...]

THANK YOU SO MUCH, MS. LUCAS, IS THERE A SECOND? A SECOND.

THANK YOU, MR. GRIFFIN.

ALL THOSE IN FAVOR.

AYE.

MOTION CARRIES.

THANK YOU.

UM, PLANNING AND ZONING COMMISSION REPORTS AT

[a. Chair of the Planning and Zoning Commission]

UH, CHAIR OF THE PLANNING AND ZONING COMMISSION.

I DON'T PER SE HAVE A REPORT, UM, TOO MUCH, BUT, UM, I JUST WANTED TO PUBLICLY THANK COMMISSIONER HANEY.

ONE MORE TIME FOR 17 YEARS OF SERVICE NOT YOU WAIT, PULLING HIM BACK OVER HERE.

NOT YOU.

I'M SORRY.

COMMISSIONER BRIGHTWELL, RIGHT? WELL, YOU MENTIONED A BRIGHTWELL FOR HIS SERVICE.

I KNOW HE'S NOT HERE ON TONIGHT AND YOU DON'T LAST MONTH WAS THIS OFFICIAL, LAST MEETING AND WE DO HAVE A GIFT OVER THERE FOR HIM.

THAT'S THE ONLY THING I HAD TO REPORT THAT ANY OF THE OTHER COMMISSIONERS HAVE SOMETHING TO SAY, MR. HANEY WILL BE HERE FOR ANOTHER 27 YEARS.

ANYONE ELSE? ALRIGHTY.

UM, WE'LL MOVE

[a Development Services]

OKAY.

JENNIFER DIRECTOR OF DEVELOPMENT SERVICES.

GOOD EVENING.

COMMISSIONER, CAN YOU HEAR ME FAIRLY GOOD EVENING? CAN EVERYONE HEAR ME? YES.

I DON'T HAVE A REPORT.

UM, BUT JUST, UH, UH, REMINDING THE COMMISSION THAT THERE IS THE STATE OF THE CITY.

UM, THAT'S GOING TO TAKE PLACE ON SEPTEMBER 1ST.

SO, UH, GMO WILL REACH OUT TO THOSE COMMISSIONERS THAT MIGHT BE INTERESTED IN.

IT'S NOT.

UM, SO LOOK OUT FOR THAT.

UM, AND THEN, UM, ALSO WE HAVE THE AMERICAN PLANNING ASSOCIATION, ANY COMMISSIONER THAT MIGHT BE INTERESTED IN IT'S SPENDING THAT, UM, WE'LL GET THAT INFORMATION TO YOU AS WELL.

ARE THERE HONORARIES FOR THE CITY? UH, NO.

OKAY.

THANK YOU SO MUCH, JENNIFER.

UM,

[b Engineering]

HI TRASHY.

GOOD EVENING.

MADAM CHAIR.

AND COMMISSIONER SAYS YOU ARE AWARE THE ASSISTANT CITY ENGINEER POSITION IS OPEN.

WE'RE DILIGENTLY TRYING TO FILL THAT POSITION.

YOU'LL SEE ME MORE OFTEN ALONG WITH MEMBERS OF MY TEAM THAT WE'RE TRYING TO GROW.

UM, AND BEING A PUT YET IS OUR TRAFFIC ENGINEER.

WHO'S BEEN ON BOARD FOR MORE THAN SEVEN MONTHS NOW.

SO YOU'LL SEE MYSELF OR MY TEAM MEMBERS HERE.

UM, BUT, UH, UH, BUSINESS AS USUAL WILL BE, UH, MOVING FORWARD, UH, AND FILLING THIS POSITION.

THANK YOU.

THANK YOU SO MUCH.

AND THANK YOU FOR BEING GOOD SPIRITED ABOUT THAT BUSINESS AS USUAL MO WE'LL MOVE NOW TO PUBLIC COMMENT.

IF THERE'S ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK TO THE COMMISSION IN REGARDS TO A MATTER, THAT IS PREFERABLY NOT ON THE AGENDA, SEEING ANYONE OKAY.

SEEING NONE.

WE'LL MOVE ON

[a. CONSENT AGENDA]

[00:05:01]

CONSIDER AN APPLICATION OF A FINAL PLAT OF SIENNA SECTION 68 7.

CONSIDER AN APPLICATION OF A FINAL PLAN.

OF COURSE, IN SPRING DRIVE STREET, DEDICATION TO EIGHT, CONSIDER AN APPLICATION OF A FINAL PLAT OF MALABAR HILL RETAIL NINE.

CONSIDER AN APPLICATION OF A FINAL PLAT OF GRAND PLAZA, SIENNA BRANCH ROAD DEVELOPMENT, 10, CONSIDER AN APPLICATION OF A FINAL PLAT OF 12 5 5 FM 10 92 11.

CONSIDER AN APPLICATION OF A FINAL FLOOD OF CITY PARK.

LOGISTICS TEND TO REPLAT NUMBER ONE.

UM, THAT'S ALL A MOTION.

WE APPROVE THE CONSENT AGENDA.

THANK YOU, MR. HANEY.

IS THERE A SECOND? SECOND.

THANK YOU, MR. GRIFFIN, IS THERE ANY DISCUSSION QUESTION ON 11? THE RIGHT OF NUMBER 11? THE REPORT WAS TO HIM AND THE RESERVES TO AMEND THE RESERVES.

OKAY.

I COULDN'T EITHER.

I MISSED IT.

I DIDN'T FIND IT IN THE REPORT.

I WAS JUST CURIOUS.

ARE THERE ANY THAT'S ALL.

OKAY.

ANY OTHER QUESTIONS? ANYONE OKAY.

SEEING NONE, ALL THOSE, UH, ALL THOSE IN FAVOR AS WELL.

ARE THERE ANY NAMES SEEING NONE THAT MOTION DOES CARRY WE'LL

[b. Territory at Missouri City]

I MEAN, COMMISSIONERS, CAN YOU HEAR ME? YES.

CAN YOU HEAR ME NOW? OKAY.

UM, SO THE NEXT TWO PLANTS, A TERRITORIAL MISSOURI CITY, THE CONCEPT PLAN AND THE PRELIMINARY PLOT ARE FROM THE ZONING CASE THAT WE SAW A FEW MONTHS AGO BY THE DANONE DEVELOPMENT GROUP.

IT'S THE MIXED USE DEVELOPMENT.

THAT'S GOING TO BE FRONTING HIGHWAY SIX OVER BY, UM, BETWEEN OAK LAKE FOREST STATES.

UM, NEXT TO THE VICKSBURG, SINGLE FAMILY RENTALS ACROSS THE STREET FROM THE FORT BEN TOWN CENTER.

SO THE CONCEPT PLAN IS PROPOSING NINE ACRES OF COMMERCIAL DEVELOPMENT FRONTING HIGHWAY SIX, ABOUT 12 ACRES OF MULTI-FAMILY AND TWO AND A HALF ACRES OF DETENTION COMMISSIONER.

SO YOU HAVE ANY QUESTIONS AS TO WHY IN REGARDS TO THE CONCEPT PLAN, WHEN YOU, WHEN YOU SAY LONG TIME, THEY ONLY MEAN APARTMENTS.

YES.

ANY OTHER QUESTIONS? IS THERE A SECOND? THANK YOU, MR. O'MALLEY FOR THE SECOND.

IS THERE ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

ANY NAYS THE MOTION CARRIES CONSIDER, UH, NOW WE NEED TO, UH, THE PREMIUM NUMBER PRELIMINARY PLAT.

OKAY.

SAME CONCEPT.

IT JUST HAS THE UTILITIES ON HERE NOW.

UM, THAT WILL BE PLOTTED.

CAN YOU PULL THE MIND? SO THEY'LL YOU, SO THEIR PRELIMINARY POT NOW INCLUDES ALL THE UTILITIES THAT INCLUDES THE CONTRACT LINES.

IT INCLUDES ALL THE DETAILS, UM, THAT ARE REQUIRED OF THEIR PRELIMINARY POT STAFF IS RECOMMENDING APPROVAL CONDITIONS BECAUSE THERE WERE SOME ITEMS THAT WERE MISSING FROM THE APPLICATION, UM, AND THAT WAS COMMUNICATED WITH THE DEVELOPER.

SO THEY WILL BE RESPONDING NEXT MONTH.

IS THERE ANY THERE? SECOND.

THANK YOU, MR. O'MALLEY IS ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR.

OKAY.

WELL, ANY NAYS OCEAN FAIRS, WE'LL MOVE NOW TO

[c. Lexington Village]

UM, MISS JENNIFER, YOU'RE GOING TO WALK US THROUGH WHERE I'M GOING TO WALK YOU ALL THROUGH THIS.

UM, CAN YOU HEAR ME CLEARLY? YES MA'AM.

OKAY.

SO THE LEXINGTON VILLAGE, THE COMMISSION ACTUALLY APPROVED THIS FINAL FLAT FOR SECTION ONE, UM, IN JANUARY OF LAST YEAR, UM, IT WAS TO CONTAIN 91, SINGLE FAMILY, LOTS, UM, AND EIGHT RESERVES.

UM, ONE OF THOSE RESERVES IS A DEDICATED PARKLAND, UH, TO SUPPORT, UH, UH, AMENITIES, UH, FOR, UH, THIS SECTION.

UM, IT'S PUBLIC PARKLAND THAT HAS BEEN DEDICATED TO THE CITY.

UM, THE ENGINEERS HAVE REVISED THE FINAL PLAT, UM, AND MADE SOME ALTERATIONS TO IT AND RESUBMITTED IT FOR APPROVAL.

UM, THE STAFF RECOMMENDATION, UH, WAS A

[00:10:01]

SO YOU'RE SEEING IT, UM, FOR THE FIRST TIME.

UM, IT'S IN CONTAINED IN YOUR PACKETS, UM, THE REVISED FINAL PLAT, UH, THAT'S KIND OF SHOWN ON THE SCREEN THERE.

UM, WHAT I'M GOING TO WALK THROUGH IS KIND OF THE CHANGES THAT ARE REFLECTED IN THAT REVISED FINAL PLAT.

UM, THERE WERE CHANGES MADE TO THE OWNERSHIP.

UH, SO ONE OF THE REASONS WHY, UH, THE RECOMMENDATION WAS A DISAPPROVAL WAS BECAUSE WE DIDN'T HAVE CONFIRMATION ON THE OWNERSHIP AT THAT TIME.

UM, WE HAVE NOW SEEN A TITLE REPORT THAT REFLECTS, UH, TWO OWNERS OF THE PROPERTY.

UH, THE CITY WE KNOW IS AN OWNER OF THE PARKLAND.

UH, THAT'S ABOUT A 1.5 ACRE TRACK AT THE INTERSECTION OF INDEPENDENCE AND, UH, THE MAIN ROAD GOING INTO THIS SECTION, UM, THAT HAS BEEN DEDICATED TO THE CITY AS, UH, AS I STATED PREVIOUSLY, UM, THE OTHER OWNERSHIP IS A COMPANY CALLED SKYMARK.

UM, THE PREVIOUS TITLE REPORT THAT WE HAD RECEIVED INDICATED SUNLIGHT.

UM, AND SO WE HADN'T RECEIVED UPDATED INFORMATION.

SO WE NOW DO HAVE THAT INFORMATION.

UM, SO THE OWNERSHIP AS REFLECTED ON THE REVISED FINAL PLAT IS CORRECT.

UM, THE OTHER CHANGES THAT WERE MADE, UH, LIKE I SAID, THE ORIGINAL PLAN, UM, UH, SUBDIVIDED 4 91, SINGLE FAMILY, LOTS OF THIS BRINGS IT DOWN TO 89.

SO IT REDUCED THE NUMBER OF LOTS CONTAINED ON THIS FLAT, UM, ON THE REVISED FLAT, IN ADDITION, THEY ADDED SOME ADDITIONAL RESERVES, UH, TO RESERVES, UH, FOR UTILITY PURPOSES, UH, THAT, UH, THE STORM, UM, UH, STORM PIPES, UH, WILL BE PLACED IN.

UH, SO THOSE ARE RESERVES WERE PRE PREVIOUSLY REFLECTED AS DRAINAGE RESERVES ON THE ORIGINAL PLAN THAT WAS APPROVED.

UM, SO THOSE ARE THE CHANGES THAT HAVE BEEN MADE, UM, WITH THOSE CHANGES, IT STILL SUPPORTS, UH, WHAT THE COMMISSION PREVIOUSLY APPROVED, UM, AND THE INFORMATION THAT WE'VE RECEIVED FROM THE APPLICANT, UH, SUPPORTS THE CHANGES THAT HAVE BEEN MADE.

UM, SO, UM, I WOULD LIKE TO CHANGE THAT RECOMMENDATION FROM A DISAPPROVAL, UH, FOR THE COMMISSION TO CONSIDER APPROVING, UH, THIS REVISED FINAL PLAT.

THANK YOU SO MUCH FOR LIVE REPORT COMMISSIONERS.

DO YOU HAVE ANY QUESTIONS OF JENNIFER BY, I JUST HAVE ONE QUESTION.

IT MIGHT BE THE, UH, REAL ESTATE PRACTITIONER IN ME.

DO YOU KNOW WHY THAT WAS A CHANGE OF OWNERSHIP? THE CHANGE THE COMPANIES ARE ACTUALLY, UM, UH, CONNECTED, UH, THE PARTNERS OF THE COMPANY ARE REFLECTED WITH BOTH COMPANIES.

SO IT'S JUST A DIFFERENT ENTITY THAT THEY HAVE, UH, THIS DEVELOPMENT UNDER.

OKAY.

THERE'S NO RED FLAG ISSUES.

NO, IT'S, IT'S, IT'S BASICALLY THE SAME, SAME GROUP OF PEOPLE.

I JUST HAD TO MAKE SURE.

HI, MARK DID, IS IT LIKE SHORT HARVARD? YES.

AND THEY'RE SINGLE FAMILY DWELLINGS.

YES.

THERE, I BELIEVE THAT THEY'RE TOWNHOMES, UM, OTHER RENTAL SIZE, ARE THEY RENTAL OR OWNERSHIP? SO WE, WE DON'T HAVE THAT INFORMATION THOUGH.

THEY WOULD HAVE THE OPTION TO DO RENTAL OR OWNERSHIP IN ANY PROPERTY COULD, UM, WE WOULDN'T BE ABLE TO REGULATE, UM, THAT PART OF IT.

OKAY.

UM, SO WHAT WE CAN REGULATE IS THE LOT SIZES, MINIMUM LOT SIZES IN ACCORDANCE WITH THE ZONING.

ANY OTHER QUESTIONS I'LL ASK FINAL REPLY, AMANDA.

YES.

ARE WE GOOD WITH THAT? OKAY.

SO MR. HANEY'S MOTION IS TO ACTUALLY APPROVE THIS FINAL REPLAT OUR SECOND.

OKAY.

THANK YOU SO MUCH, MR. GRIFFIN, ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

UH, OH, YOU DO.

I'M SORRY.

HOLD, HOLD YOUR VOTE.

GO AHEAD.

OKAY.

I'M LOOKING HERE WHERE, SO WHAT, SO IT, IT THAT'S ACTUALLY AN ACTION THAT HAD ALREADY BEEN TAKEN THE PREVIOUS VERSION OF THE PLOT.

I'M STILL REFLECTED THAT OLD NAME ENDED, UM, LEXINGTON.

UM, THE CITY RENAMED THAT STREET FROM LEXINGTON TO INDEPENDENCE, I THINK IN 2005, UM, OR AROUND THAT TIMEFRAME.

UM, AND SO THE APPLICANT NEEDED TO MAKE SURE THAT THIS CURRENT PLAT REFLECTED DETERRENT STREET, MAN.

SO IT'S NOT, IT'S NOT A, A PROPOSAL FOR A NEW STREET NAME.

IT'S A STREET NAME THAT'S PREVIOUSLY BENEFITED.

OKAY.

THANKS.

ANY OTHER QUESTIONS? ALTHOUGH SOME FAVOR AS WELL.

ARE THERE ANY NAYS? NO.

OKAY.

NO EMOTION DOES CARRY THEM.

WE'LL MOVE NOW TO

[A. SPECIFIC USE PERMIT - T&L EVENT CENTER, LLC]

THE FIRST ONE WILL BE AN ISSUE P FOUR T N L EVENT CENTER, LLC.

[00:15:01]

CAN YOU GUYS HEAR ME? OKAY.

YOU JUST SPEAK UP JUST A LITTLE BIT, PLACED THE MIKE UP A LITTLE.

IS THAT BETTER? YES.

OKAY, PERFECT.

OKAY.

SO THE SONY CASE FOR TNL EVENT CENTERS.

SO WE RECEIVED AN APPLICATION FROM NATASHA SAILOR FOR A SPECIFIC USE PERMIT, ALLOWING FOR A PLACE OF ASSEMBLY.

THE SUBJECT SITE IS APPROXIMATELY 6,900 SQUARE FEET OF LEASE SPACE LOCATED WITHIN THE QUAIL VALLEY SHOPPING CENTER AT 26 0 1 CURRENT ROAD.

THE SHOPPING CENTER IS LOCATED ON THE SOUTHWEST CORNER OF CARRE ROAD AND CYPRESS POINT DRIVE.

THE APPLICANT HAS INDICATED THAT THE APPROVAL OF AN STP WILL ALLOW FOR THE LOCATION OF AN EVENT CENTER, UM, WITHIN THE SHOPPING CENTERS.

SO THE TYPES OF EVENTS THEY WOULD LIKELY BE HOLDING HERE ARE THINGS LIKE BIRTHDAY PARTIES, BABY SHOWERS, BABY MEETING, BUSINESS MEETINGS, UM, AND SIMILAR EVENTS LIKE THAT.

UM, THE APPLICANT ANTICIPATES THAT THE PEAK HOURS OF OPERATION, IT WILL BE THURSDAY TO SUNDAY, BETWEEN 5:00 PM AND 2:00 AM WITH AN ESTIMATED CAPACITY OF ABOUT 250 PEOPLE.

SO THE STP WILL FOLLOW THE REGULATIONS OF THE LCU TO WHERE YOU TELL THE DISTRICT AND STAFF IS RECOMMENDING APPROVAL OF THE SUP, ARE THERE ANY QUESTIONS I DON'T KNOW IF YOU EVEN KNOW THIS OR NOT, BUT DO YOU KNOW IF THE EVENTS THAT THEY WILL HOLD THERE? ARE THEY TAXABLE EVENTS? AND THE REASON WHY I ASK IS BECAUSE OF THE STYLING OF THE SUP WITH IT ASSEMBLY PERCH AND STUFF LIKE THAT, MAYBE.

SO I DON'T BELIEVE THAT THE PLACE OF ASSEMBLY ZONING DESIGNATION ITSELF LET'S LIMIT WHETHER IT'S TAXABLE OR NOT.

I THINK THE USE ITSELF THAT GOES IN WOULD IDENTIFY THAT.

SO IF OUR CHURCH IS ESTABLISHED AS A CHURCH, THEN IT WOULD BE NON-TAXABLE.

BUT IF IT'S AN EVENT CENTER, THEN I THINK IT WOULD BE, IT WOULD BE TOXIC.

AND I'LL ADD.

SO, UM, THIS PARTICULAR SUP AND THE OTHER SCPS ON THAT SHOPPING CENTER, UM, ARE FOR THE LEASE SPACE IS NOT THE LAND.

UM, SO, SO LONG AS THE, THE LAND ISN'T OWNED BY A NONPROFIT OR TAX-EXEMPT, UM, IN A GROUP, THEN TAXES WOULD STILL BE APPLICABLE TO THAT PROPERTY.

UM, BUT ONE OF THE CONTROLS THAT WE'RE RECOMMENDING IN THIS SUP IS TO PUT A TIME LIMIT ON THE SUP BECAUSE YOU DO HAVE ANOTHER SUP FOR A PLACE OF ASSEMBLY WHEN ABOUT 4,800 SQUARE FEET ON THE OTHER END OF THE SHOPPING CENTER.

UM, AND SO, UH, JUST, UH, KIND OF MONITORING HOW THAT, UH, SHOPPING CENTER IS USED, THAT WE WANT ACTIVITY, WE WANT REDEVELOPMENT, WE WANT, UM, YOU KNOW, TENANTS TO UTILIZE THE CENTER.

UM, BUT WE WANNA MAKE SURE THAT YOU'RE NOT CREATING A SITUATION THAT MIGHT CAUSE PROBLEMS DOWN THE LINE.

IS THERE A TIMEFRAME PROPOSED TO EXPIRE WHEN THEIR LEASE EXPIRES? OR HOW, HOW IS THAT GOING TO WORK? GO AHEAD.

THE PROPOSED TIMELY STUFF WE HAVE IS FIVE YEARS.

SO I'M NOT EXACTLY SURE WHEN THEIR LEASE IS GOING TO BE UP, BUT WITHIN THE SEP ITSELF, WE GAVE IT ABOUT FIVE YEARS, UM, ATTORNEY.

OKAY.

I WAS JUST GOING TO, UH, ALSO ADD THAT MY RESEARCH SHOWS THAT THE APPLICANT IS A B FOR-PROFIT CORPORATION.

WHAT ELSE HAVE QUESTIONS, BUT IT CAN BE UTILIZED FOR RELIGIOUS USE AS WELL.

YEAH.

SO THE SPECIFIC USE PERMIT ITSELF WHERE A PLACE OF ASSEMBLY COULD ALLOW FOR A CHURCH, IT COULD ALLOW FOR ANYTHING THAT IS CONSIDERED A PLACE OF ASSEMBLY.

SO NOT JUST A CHURCH, BUT, UM, ALSO EDUCATIONAL CENTER AND THINGS LIKE THAT.

SO CAN THEY HAVE ACTIVITIES AS FAR AS, UH, THAT ARE PROFIT GENERATED? YES.

CAUSE IT'S A YES.

RIGHT.

AND OPPOSED TO A HONDA HALL THAT CAN ASK A GUEST TO PAY CHARGES, TO ENTER AND ALL THAT KIND OF STUFF.

WELL, MY UNDERSTANDING IT'S GOING TO BE A BANQUET HALL THAT THEY'RE THERE, THEY'RE GOING TO BE LEASING OUT TO FOR EVENTS.

SO LIKE WEDDINGS AND BIRTHDAY PARTIES AND THINGS OF THAT NATURE.

THAT'S CORRECT.

YES.

THERE'S MEETINGS.

AND SO, UH, THOSE, THOSE THINGS, UH, YOU KNOW, I SUPPOSE THEY COULD HAVE A RELIGIOUS CONNOTATION ADDED TO IT, BUT, UH, IT IT'S, THE BUSINESS ITSELF IS FOR PROFIT.

ARE THERE ANY RESTRICTION WHERE OUR PARTICULAR EVENT COULD CHARGE THEIR, UH, PATRONS FEES TO COME IN, UH, APART, UH, UH, WEDDING IS MORE, YOU KNOW, NOT A FEE FOR INSTANCE, THAT RESEMBLES ANY TYPE OF ENTERTAINMENT FACILITY, LIKE A CLUB.

I COULDN'T GLEAN THAT FROM THE URI, BUT IT'S NO RESTRICTION.

THEREFORE THERE'S NO RESTRICTION ON THAT.

I WANT TO BE CLEAR THAT A CLUB IS NOT PERMITTED BY THE ZONING.

SO THE PLACE OF ASSEMBLY WOULDN'T ALLOW FOR A CLUB OR A LOUNGE.

UM, SO THERE, THERE

[00:20:01]

AND SO WE HAVE THE ZONING LAYER, BUT THEN ALSO WHAT THEY'RE PERMITTED AS, AND WHAT CODE CLASSIFICATION THEY FALL INTO.

UM, SO A LOUNGE OR CLUB, THEY COULD NOT RENT IT OUT FOR THAT PURPOSE, BUT THEY COULD HAVE AN EVENT THAT THERE WAS A COVER TO ENTER.

AND THAT, THAT WOULD BE THE BUSINESS, THE BUSINESSES, THEY COULD DO THAT AND NOT CLASSIFY IT AS A CLUB.

RIGHT.

OKAY.

ANY OTHER QUESTIONS? OKAY.

THANK YOU SO MUCH.

YEAH.

IS THERE A MOTION? OH, THIS IS A PUBLIC HEARING.

I'M SO SORRY.

OKAY.

WE ARE IN A PUBLIC HEARING.

UM, IS THERE ANY, DO WE HAVE ANY, IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK TO US IN REGARDS TO THIS? THANK YOU.

WE HAVE A MOTION BY MR. HANEY AND A SECOND BY MR. O'MALLEY TO CLOSE THE PUBLIC HEARING.

IS THERE A SECOND? I MEAN, ALL THOSE IN FAVOR AS WELL NOW I'LL ENTERTAIN A REQUEST.

IS THERE A SECOND? OKAY.

THANK YOU, HANEY.

AND O'MALLEY ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR.

AYE.

WELL, ARE THERE ANY NAYS? THEY SAY, OKAY.

SEEING NONE WE'LL MOVE RIGHT ON ALONG ITEM C.

YEAH.

THIS IS GOING TO BE A PUBLIC HEARING AS WELL.

I GOT IT.

THIS TIME.

WELL RECEIVED COMMENTS FOR OR AGAINST THE REQUEST BY LAWRENCE TURNER.

KALUZA INC JUST, OH, I SKIPPED A BEAT.

DIDN'T I OKAY.

TRYING TO GET Y'ALL OUT OF HERE.

SORRY.

YEAH.

[B. PLANNED DEVELOPMENT DISTRICT - INDEPENDENCE BUSINESS PARK]

THIS IS A PUBLIC HEARING TO RECEIVE COMMENTS FOR OR AGAINST THE REQUEST BY LAWRENCE TURNER.

KALUZA INC TO ZONE APPROXIMATELY 6.853 ACRE TRACKS OF LAND FROM EL C3 TO PD.

ALL RIGHT.

SO WE RECEIVED AN APPLICATION FROM KALUZA TO ZONE 6.85 TRACT OF LAND FROM ELSIE THREE RETAIL DISTRICT TO PD PLAN DEVELOPMENT TO INCLUDE LLC THREE AND STORAGE WAREHOUSE USES ON THE SITE IS LOCATED SOUTH AND EAST OF THE INTERSECTION OF FIFTH STREET AND INDEPENDENCE BOULEVARD.

THIS PROJECT WAS INITIALLY BROUGHT BEFORE THE COMMISSION AND MARCH OF 2022 TO OBTAIN A COHESIVE ZONING FOR THIS LAND.

UM, BEFORE IT WAS KIND OF SPLIT LCD TWO AND LZ THREE, AND THEY CAME TO GET AN ENTIRE LC THROUGH ZONING.

AND NOW THEY'RE ASKING TO, UM, ZONE TO PD TO ALLOW FOR STORAGE WAREHOUSES ALLOW FOR WHAT, FOR STORAGE STORAGE WAREHOUSES, THE SITE PLAN PROPOSES A BUSINESS PARK DEVELOPMENT THAT WOULD INCLUDE APPROXIMATELY SEVEN BUILDINGS WITH TENANT LEASE SPACES AND ONE BUILDING TO ALLOW FOR STORAGE, BECAUSE THE ONLY CHANGE TO THE SITE PLAN IS THE ADDITION OF THE STORAGE WAREHOUSES.

THE APPLICANT IS NOT SEEKING ANY DEVIATIONS FROM THE REGULATIONS OF THE BASE ZONING, WHICH IS THE LC THREE ZONING DISTRICT.

THE AMENDMENT IS IN CONFORMANCE WITH THE 2017 COMPREHENSIVE PLAN AND STAFF IS RECOMMENDING APPROVAL OF THE PD.

ARE THERE ANY QUESTIONS? UM, ANY QUESTIONS OF STAFF? THANK YOU.

NOW THIS IS NOT THE ONE THAT ASKED STATION OR WHAT IT WAS, IT CONTAIN A GAS STATION.

THAT'S OKAY.

OKAY.

OKAY.

THANK YOU SO MUCH.

THIS TOO WAS A PUBLIC HEARING.

IS THERE ANYONE THE AUDIENCE THAT WOULD LIKE TO SPEAK TO THE COMMISSIONERS IN REGARDS TO THE MATTER EMOTION, WHICH WAS THEIR SECOND? SECOND? THANK YOU, MR. GRIFFIN, ALL THOSE IN FAVOR.

AYE.

MOTION CARRIES CLOSE THE PUBLIC HEARING.

MAKE A MOTION.

WE APPROVE THIS REQUEST.

IS THERE ANY FURTHER DISCUSSION? WE DO HAVE A MOTION AND A SECOND.

OKAY.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

WELL, ARE THERE ANY NAYS THING ON THAT MOTION CARRIES AS WELL? OKAY.

NOW

[C. ZONING MAP AMENDMENT - ROYAL LIVING AT FORT BEND]

THIS IS A ZONING MAP AMENDMENT FOR THE RURAL LIVING AT FORT BEN.

THIS TOO IS A PUBLIC HEARING WHERE WE'LL RECEIVE COMMENTS FOR OR AGAINST REQUESTS FOR LAWRENCE TURNER TO ZONE AND APPROXIMATELY 38 ACRES OF LAND FROM OUR ONE TO OUR FOUR PATIO CLUSTER RESIDENTIAL DISTRICT.

RIGHT? SO WE DID RECEIVE AN APPLICATION, A REVISED ZONING AMENDMENT APPLICATION TO ZONE APPROXIMATELY 38 ACRES FROM OUR ONE SINGLE FAMILY, RESIDENTIAL TO OUR FOUR PATIO CLUSTER.

RESIDENTIAL.

[00:25:01]

THE ORIGINAL APPLICATION WAS CONSIDERED BY THE COMMISSION IN NOVEMBER OF 2021 AT WHICH PROPOSED 317 RESIDENTIAL DETACHED AND ATTACHED TOWNHOUSE UNITS.

AFTER RECEIVING FEEDBACK FROM LOCAL RESIDENTS AND THE COMMISSION, THE APPLICANT HAS SUBMITTED A REVISED APPLICATION, WHICH PROPOSES 120 PATIO HOME LOTS.

ADDITIONALLY, THE APPLICANT DID CONDUCT A TIA AND SUBMITTED A TRAFFIC IMPACT ANALYSIS, WHICH RECOMMENDS THAT NO ADDITIONAL TRAFFIC IMPROVEMENTS WOULD BE NECESSARY TO MAINTAIN SAFETY, INEFFICIENT TRAFFIC OPERATIONS IN THE AREA.

AND BECAUSE THIS IS THE ZONING MAP AMENDMENT, THERE WILL BE NO DEVIATIONS FROM THE REGULATIONS OF THE R FOUR ZONING DESIGNATION.

STAFF IS RECOMMENDING APPROVAL OF THE ZONING MAP AMENDMENT TO OUR FOUR.

ARE THERE ANY QUESTIONS THEY DECREASE THE AMOUNT OF UNITS? IS THAT WHAT YOU SAID? SO PREVIOUSLY THE ORIGINAL APPLICATION, MOST OF THE ZONE FROM OUR ONE TO OUR FIVE, WHICH WOULD ALLOW FOR TOWNHOUSE UNITS.

SO THEY BROUGHT IT BACK DOWN TO OUR FOUR, WHICH WOULD ALSO DECREASE, UM, THE DENSITY.

AND SO, YEAH, IT WENT FROM 317 TO 120.

ARE THEY RENTAL? NO THEY'RE FOR SALE.

SO THIS IS, UM, GOING TO BE SINGLE FAMILY HOMES.

THE ESSENCE OF THE R FOUR IS OUT THERE ACTUALLY JUST THE LOT SIZES ARE A LOT SMALLER.

SO YOU HAVE SINGLE FAMILY HOMES, BUT THEY'RE JUST KIND OF MORE PACKED IN TOGETHER.

THEN THE TRADITIONAL ARE ONES.

NO.

ARE THERE ANY OTHER QUESTIONS FROM STAFF AND THE, UH, THE COMMUNITY, THE RESIDENTS OR THE HOMEOWNERS IN THAT ERA? THEY WERE GOOD WITH THIS.

UM, SO WE DID NOTICE OUT TO RESIDENTS WITHIN 250 FEET OF THIS DEVELOPMENT.

I BELIEVE WE'VE ONLY RECEIVED TWO PROTESTS LETTERS SO FAR.

SO WHAT THE ORIGINAL APPLICATION? UM, WE DID RECEIVE QUITE A FEW.

UM, I BELIEVE IT WAS LIKE OVER 20, BUT FOR THIS ONE WE'VE ONLY RECEIVED TWO IT PROTEST LETTERS.

YES.

TO PROTEST LETTERS.

ARE THEY IN OUR PACKET? UM, AND I'VE JUST RECEIVED ONE AT THE BEGINNING OF THIS MEETING AND THERE WAS ANOTHER ONE THAT WAS RECEIVED EARLIER TODAY.

WE DON'T HAVE THEM.

I HAVE THEM.

I'M GOING TO CALL FOR THE, THEY THINK THEY'RE READY.

THEY'RE HERE TO SPEAK TO THAT.

OH, GREAT.

THAT'S BETTER.

OH, THEY'RE HERE.

OH YEAH.

SO AGAIN, TO CLARIFY, ONE WAS RECEIVED EARLIER TODAY.

I THINK THAT COPIES SHOULD BE WITH YOU IF NOT IT'S WITH THE CHAIR, BUT WE JUST RECEIVED A SECOND ONE AT THE BEGINNING OF THE MEETING AS WELL.

SO THAT'S WHY THAT'S NOT, WE DON'T HAVE COPIES OF THAT RIGHT NOW.

THANK YOU SO MUCH.

UM, WE DO HAVE THE, UM, THE APPLICANT IS HERE.

UM, DID THE APPLICANT WANT TO SPEAK OR SIR, DO WE WANT TO HEAR FROM THE AUDIENCE FIRST? HOLD ON JUST A MINUTE, BUT WHAT WOULD Y'ALL LIKE TO DO, BUT LET, LET'S GO AHEAD MATTER TO ME.

OKAY.

UM, WHY DON'T WE TAKE THE PUBLIC COMMENTS FIRST AND THEN HEAR FROM THE APPLICANT THAT WAY HE CAN ANSWER ANY QUESTIONS THAT THEY MAY HAVE IF THAT'S OKAY.

ALRIGHTY.

SO, UM, FIRST, UM, IS THERE A MS. KAREN JONES PRESENT? HI, MS. JONES, COME ON UP PLEASE.

AND WHEN YOU GET TO THE PODIUM, IF YOU'D STATE YOUR NAME AND YOUR ADDRESS SO THAT THEY COULD RECORD IT INTO THE MINUTES.

GOOD EVENING.

MY NAME IS KAREN JONES.

MY FAMILY RESIDES AT 3, 6 0 6 WATTS PLANTATION DRIVE, WHICH IS JUST NEXT DOOR TO THE PROPOSED, UM, PROPERTY PLAN.

UM, WE HAD THIS DISCUSSION SOMETIME AGO, UM, ABOUT THIS SAME, UM, CHANGE TO THE ZONING AND ABOUT THE PATIO HOMES TO GO THERE.

UM, AND IT WAS MY UNDERSTANDING THAT IT WAS REJECTED BECAUSE NOT ONLY BECAUSE OF THE TRAFFIC THAT WOULD GO THROUGH THERE AND THE INABILITY TO WIDEN THE ROAD, BUT BECAUSE OF THE DRAINAGE AS WELL, THEIR WETLANDS THERE, IF YOU DRIVE OVER TO MY PARENTS' HOUSE AND GO TO THE BACK OF THE PROPERTY, THERE'S SWAMP THAT RUNS THROUGH THERE.

AND WHEN IT RAINS, WHEN WE HAVE A STORM, THE WATER BACKS UP INTO THEIR BACKYARD.

AND WITH THAT, I MEAN THERE'S DRAINAGE PROBLEMS ALREADY.

UM, SO WE'RE, WE'RE JUST TRYING TO FIGURE OUT WHY ARE WE HAVING THIS DISCUSSION AGAIN? UM, AND THEN THERE IS ALSO THE ISSUE OF THE ACTIVE THAT IS RIGHT IN THE MIDDLE OF WHERE THEY WANT TO BUILD THESE PATIO HOMES.

IT'S AN ACTIVE CEMETERY.

THEY ARE STILL BEARING FAMILY MEMBERS.

THERE.

IT IS NOW BEEN, UM, IT'S NOW A, UM, HISTORICAL LANDMARK AT THIS POINT IT'S BEEN NAMED AS HISTORICAL LANDMARK AS WELL.

SO

[00:30:03]

NOW THE FORT BEN TOLL ROAD WAS BUILT FOR FOLKS TO COME FROM SIANNA AND GO ACROSS TO HIGHWAY SIX.

THEY DON'T DO IT.

THEY COME RIGHT THROUGH WHAT'S PLANTATION TONIGHT ROAD.

AND RIGHT NOW WITH THE CONSTRUCTION, THAT'S GOING ON FOR THE PROPOSED, UM, SHOPPING CENTER THERE AT NIGHT ROAD AND HIGHWAY SIX, TRAFFIC IS EVEN WORSE.

WE CAN'T WALK OUT TO THE MAILBOX WITHOUT TRAFFIC GOING BY AND ALMOST LITERALLY GETTING HIT ON THE ROAD BECAUSE THE MAILBOX IS SO CLOSE.

SO I GREW UP THERE AND I'M ALMOST 50 YEARS OLD.

I'VE LIVED THERE, MY WHOLE LIFE, PRETTY MUCH.

MY FAMILY'S BEEN THERE FOR 30 SOME YEARS.

UH, AND WE'VE WATCHED OVER THE, THE TIME PERIOD.

WE'VE WATCHED THE CHANGE.

WE'VE WATCHED THE ENCROACHMENTS OF OUR NEIGHBORHOODS, THE WILDLIFE, ALL THOSE THINGS.

YOU KNOW, WE HAVE DEER, WE HAD A DEAD DEER GET KILLED ON THE ROAD THE OTHER DAY BECAUSE PEOPLE WERE JUST COMING THROUGH THERE.

YOU KNOW, THEY, THE ANIMALS HAVE NOWHERE TO GO AT THIS POINT.

IT'S WETLANDS.

THERE ARE ANIMALS THERE THAT LIVE AND THRIVE OFF OF THAT LAND.

SO YOU ALL, I DON'T KNOW HOW LONG YOU ALL BEEN AROUND THIS AREA, BUT LIKE I SAY, I GREW UP HERE AND I REALLY DON'T LIKE THE DIRECTION IT'S GONE.

DO WE HAVE A CHOICE? NO, BUT WE CAN AT LEAST SPEAK OUR TRUTH AND OUR UNDERSTANDING OF WHAT'S GOING ON.

AS FAR AS THE LETTERS THAT WENT OUT TO SAY, YOU SENT LETTERS OUT TO FOLKS WITHIN 200 FEET, SAYS NOTHING BECAUSE THE MANNERS ARE THERE.

SILVER RIDGE IS THERE.

ALL OF THOSE PROPERTIES, ALL THOSE NEIGHBORHOODS ARE THERE AND THEY DIDN'T GET ANY LETTERS.

WE GOT THEM BECAUSE WE'RE RIGHT THERE.

THE NEIGHBORS TO THE LEFT OF US DIDN'T GET LETTERS.

THE NEIGHBORS DOWN THE ROAD DIDN'T GET LETTERS.

200 FEET IS NOTHING IN COMPARISON TO THE POPULATION OF OUR AREA NOW, AS, AS IT HAS GROWN.

SO THAT'S JUST WHAT I WANTED TO REMIND YOU ALL.

WE HAD THIS DISCUSSION BEFORE AND WHAT CAME OUT OF THAT DISCUSSION AT THAT TIME, NOTHING HAS CHANGED, RIGHT? WE DON'T WANT THE, WE DON'T WANT THE, THE, LIKE, WHAT WOULD YOU LIKE TO SEE THERE? WE WOULD LIKE TO SEE THE TREES PUT BACK, BECAUSE AT THIS POINT IT LOOKS HORRIBLE.

IF YOU DRIVE DOWN WATTS, THEY RIPPED ALL THE TREES OUT, ALL THOSE BEAUTIFUL PECAN TREES THAT I GREW UP AROUND.

THEY'RE ALL GOING IT'S IT LOOKS HORRIBLE RIGHT NOW.

WE DON'T WANT THAT TYPE OF, WE ALREADY HAVE APARTMENTS AT WATTS AND SIENNA.

THERE'S ADDITIONAL APARTMENTS GOING UP RIGHT BEHIND THOSE APARTMENTS.

BUT THAT 40 ACRE TRACK THERE WAS BEAUTIFUL PROPERTY.

AND TO HAVE THAT TYPE OF A COMMUNITY THERE, WE JUST, WE JUST DON'T KNOW WHEN, WHERE WE DON'T WANT IT.

AND IF THEY SAY THAT, OH, YOU ONLY GOT ONE OR TWO PROTESTS.

IT'S BECAUSE NOBODY GOT THE LETTERS.

OKAY.

WELL, THANK YOU SO VERY MUCH FOR YOUR COMMENT IS MA'AM.

I APPRECIATE THEM.

I DO.

THANK YOU, PAULA JONES.

OH, OH, OKAY.

THANK YOU.

HALEY THOMAS.

OKAY.

AND YES.

MA'AM YOU HAD YOUR HAND UP.

YOU'RE WELCOME TO STEP TO THE PODIUM AND SPEAK.

ONCE YOU ARRIVE HERE, WOULD YOU STATE YOUR NAME AND YOUR ADDRESS? OKAY.

MY NAME IS SHARON HARRIS AND I LIVE IN THE ESTATES OF SILVER RIDGE ACROSS FROM THE CEMETERY.

AND I ALSO VOLUNTEER WITH FLIPPING COUNTY HISTORICAL COMMISSION ON A CEMETERY COMMITTEE.

I HAVE BEEN MONITORING WATTS CEMETERY FOR 11 YEARS AND THE AREA AROUND I RECENTLY GOT IT DESIGNATED AS HISTORICAL.

AND I'M WORKING TO GET THE MONUMENT, THE HISTORICAL MARKER IN PLACE.

IT'S GOING TO TAKE A WHILE, BUT THAT'S THE NEXT STEP? THIS IS UNACCEPTABLE.

NOT JUST TO ME.

I'VE BEEN LIVING IN ESTATES FOR 19 YEARS.

WHEN THE TREAT, WHEN THE PLANNING STARTED, WHEN THE TREES CAME DOWN, I GOT NAUSEOUS.

I COULDN'T LEAVE MY SUBDIVISION WITHOUT CRYING.

AND I NOTICED A LOT OF MY NEIGHBORS THAT WERE STATE THE SAME THING.

THIS IS NOT WHAT WE SIGNED UP FOR.

WE LIKED THE AMBIANCE OF THE AREA, THE WOODS.

AND LIKE KAREN SAID, THE ANIMALS.

DID ANYBODY DO THE THING OF DO PLANNING WITH THE DRAINAGE? BECAUSE WE HAD AN HOA MEETING AND THE MAYOR AND THREE OTHER CITY OFFICIALS WERE ON THE ZOOM CALL AND HE SAID, POINT BLANK, THAT NOTHING COULD BE BUILT THERE BECAUSE THE DRAINAGE THERE'S NO DRAINAGE.

AND THE STREET COULD NOT MAINTAIN THAT MANY,

[00:35:02]

IT'S JUST UNACCEPTABLE ON EVERY LEVEL, BECAUSE THIS IS NOT.

AND I GET OUT, I'M OFF WORK GROWTH.

I AM, BUT YOU CAN'T TAKE DOWN EVERY TREE BECAUSE WE NEED TREATS.

GLOBAL WARMING IS REAL.

AND IT'S JUST A MA WITH OTHER AT NIGHT ROAD AND WATTS THAT SEE RIGHT THERE, WHEN ALL THAT CAME DOWN, I WAS MORTIFIED.

I PULLED OUT OF MY SUBDIVISION AND MADE A RIGHT.

AND I WAS LIKE, WHY DOES IT LOOK SO AWFUL? IT JUST IS NOT FEASIBLE FOR THAT MY AREA.

AND I'M GONNA SAY MY AREA.

AND I KNEW A LOT OF MY NEIGHBORS ARE FEELING THE SAME WAY.

THEY MAY NOT.

THEY'RE NOT HERE, BUT I'M HERE IN ADDITION TO, BECAUSE OF THE CEMETERY, THAT'S HISTORICAL, THAT WHOLE AREA IS HISTORICAL.

HENRY WATTS WAS A FREE MAN OF COLOR THAT THIS PROPERLY DEEDED FROM GEORGE WATTS AND MAINTAIN IT, CULTIVATED.

IT MADE THAT CEMETERY PART OF HIS FAMILY, HERITAGE AND ANCESTRY.

IT SHOULD BE PROTECTED.

IT'S GOT BE, I TOOK AN OATH.

I WAS SWORN IN, IT HAS TO BE PROTECTED AND I APPLAUD YOU.

PLEASE DON'T LET THIS HAPPEN.

THIS IS NOT WHAT WE NEED IN THAT AREA.

THANK YOU SO MUCH FOR YOUR COMMENTS.

AND CAN I ASK YOU A QUESTION? WHAT'S THE DEFINITION.

THANK YOU, MS. HARRIS, MS. HARRIS, WHAT'S YOUR DEFINITION OF PROTECTED, BUT JUST BY DEFINITION OF WHAT PROTECTED, YOU SAID PROTECT AND SENATE, BUT IT'S PROTECTED WHEN YOU MONITOR CEMETERIES WITH THE HISTORICAL COMMISSION.

IF THEY HAVE ANIMALS THAT COME IN THAT DIG AROUND THE HEADSTONES, YOU'D HAVE TO KIND OF MAINTAIN THAT IN A CERTAIN WAY, BECAUSE THEY CAN DO DAMAGE EVEN AT WATTS, RIGHT IN FRONT.

WHEN WE PUT THE CHAIN LINKED FENCE UP RIGHT IN FRONT WITH ALL THE, THE TREES TAKEN DOWN IN THE RAIN, THE HOGS COME THROUGH AND THEY DIG.

AND THE ANCESTORS THAT THE HAZE IS IN THE WATTS'S PUT IT BACK AND FIX IT BACK.

YOU JUST HAVE TO BE ABLE TO KNOW.

AND RESTORATION IS PART OF WHAT I RECEIVED FROM THE STATE WHEN IT WAS DESIGNATED HISTORICAL, THE CEMETERY IS 1.1 ACRES.

AND IN TERMS OF OUR ROLE, AND YOU SAID IT NEEDS TO BE PERFECTED.

WHAT DO YOU WANT US TO DO? WHAT IS PROTECTED FROM OUR POINT OF VIEW? HOW DO WE PROTECT IT, USE IT, HOW MANY PEOPLE DO, HOW MANY PEOPLE DO, YOU KNOW, AT ONE, I LIVE NEXT TO A CEMETERY.

THERE ARE A LOT OF PEOPLE THAT LIVE NEXT TO CEMETERIES, BUT HOW CAN WE, HOW CAN WE HELP TO PROTECT THAT WE CAN, WE CAN TRY TO HELP.

WHY IS THIS BEING AN INTERCHANGE WHEN IT'S NO DRAINAGE? WHEN THE STREET CAN'T MAN CAN'T HANDLE THE OF TRAFFIC.

SO WHAT'S BEING REQUESTED HERE IS TO CHANGE THE ZONING OF THIS PIECE OF PROPERTY FROM OUR ONE, WHICH MEANS TODAY, THEY COULD GO BUILD HOUSES ALL OVER THAT PROPERTY WITHOUT EVEN ASKING.

OKAY.

THEY PROBABLY COULD.

THEY CAN.

NO, BUT IF I PUT, IF IT'S NO DRAINAGE, IF THEY PUT SET SEPTICS IN, WELL, THE YOU'RE RIGHT.

THERE ARE, THERE ARE CONTROLS IN PLACE THAT IF THEY WANT TO BUILD THERE, THEY HAVE TO MITIGATE ALL THOSE CONCERNS.

RIGHT? AND SO WHAT, THEY'RE, WHAT THEY CAME BACK LAST YEAR AND ASKED FOR WAS 317 UNITS.

AND, UM, I GUESS THEY, THEY RESPONDED TO SOME OF THE NEGATIVE CONCERNS ABOUT THAT AND THEY'VE REDUCED IT.

AND THEY, THE CLAIM, THE REPORT SAID THAT THERE IS A, UH, A TRAFFIC IMPACT STUDY THAT SAID THAT 120 UNITS WILL NOT PUT AN OVERDUE BURDEN ON, ON THAT ROAD.

NO MITIGATION WOULD, WOULD BE NECESSARY.

OKAY.

THROUGH THE WHOLE PROCESS, THEY HAVE TO CONTINUE TO MONITOR THAT.

AND THEY HAVE TO MAKE SURE THAT THEY MEET ALL THE REQUIREMENTS FOR, FOR THINGS LIKE DRAINAGE AND EVERYTHING LIKE THAT.

SO I'M NOT SURE HOW MANY, LOTS THAT THEY COULD HOUSES.

THEY COULD BUILD ON THAT LAND AS IS TODAY,

[00:40:01]

AND, AND TODAY THEY COULD BUILD HOUSES ON THAT LAND WITHOUT EVEN COMING TO US AND ASKING.

AND YOU DO UNDERSTAND THAT THERE IS A SLOP OF WATERWAY THAT BLOWS FROM NORTH TO EAST.

THEY WOULD HAVE TO ACCOUNT FOR THAT AND DEAL WITH THE FACT THAT THEY HAVE TO, TO TAKE THAT WATER SOMEWHERE.

OKAY.

AND I SEE IN THE THING, THEY HAVE DETENTION HERE TO TRY TO ADDRESS THE DRAINAGE.

SO THE ONLY THING THAT WE'RE LOOKING AT RIGHT NOW IS CAN WE CHANGE THAT FROM OUR ONE TO OUR FOUR, WHICH MEANS INSTEAD OF SINGLE FAMILY HOMES THAT ARE ON A LOT OF A CERTAIN SIZE, THERE'LL BE SINGLE FAMILY HOMES, THAT'S ON A SMALLER LOT, THERE'LL BE PATIO HOMES INSTEAD OF WHAT PEOPLE NORMAL HAVE BIG YARDS AND EVERYTHING LIKE THAT.

SO THAT'S, THAT'S ALL WE'RE AT.

THAT'S ALL WE'RE LOOKING AT AS FAR AS THIS PARTICULAR REQUEST.

OKAY.

UM, AND, AND SO I, I DON'T, I DON'T WANT PEOPLE TO THINK THAT IF WE DON'T APPROVE THIS, THAT THIS LAND IS GOING TO REMAIN VACANT BECAUSE THAT'S NOT GOING TO BE THE CASE.

THERE'S SOMETHING, SOMEBODY OWNS THAT LAND.

THEY'RE GOING TO BUILD ON THAT LAND.

THEY'RE GOING TO BUILD SOMETHING THAT THERE'S, THERE'S NO WAY.

I MEAN, LIKE I SAID, THEY CAN JUST, THEY CAN START BREAKING GROUND TOMORROW AND BUILD AS MANY R ONE SIZE HOMES AS THEY, I DO NEED PERMITS RIGHT AFTER THEY GO.

RIGHT.

WHY DON'T WE DO THIS? BUT THEY DON'T HAVE TO COME FOR ANY ZONING CHANGES, COMMENTS TO DO WITH THAT.

OKAY.

WHY DON'T, UH, THANK YOU SO MUCH, MS. HARRIS.

UM, WE WERE LUCKY TONIGHT THAT WE ACTUALLY HAVE THE APPLICANT HERE, AND I'M HOPING THAT HE HAS HEARD SOME OF THE COMMENTS AND THAT HE CAN COME AND ADDRESS THEM ON HIS OWN TO THE COMMISSION.

UM, SO THANK YOU SO MUCH, MS. HARRIS, AND AS HE PREPARES TO MAKE HIS WAY, MS. OVERTON, YOU LIKE TO HEAR HIS COMMENTS.

OKAY.

THERE WE GO.

OH, WAIT A MINUTE.

NO, NO, NO.

WELL, DO WE WANT TO KEEP HIM PUBLIC HEARING? OKAY.

GO HERE WITH YOUR QUESTION.

I'M SORRY.

I HAVE A QUESTION FOR JIM.

NO, GO AHEAD, JENNIFER.

I HAVE A QUESTION FOR YOU.

DRAINAGE IMPACT ANALYSIS.

THAT'S NOT REQUIRED BEFORE BECAUSE I'M SEEING HERE THAT IT, I MEAN THAT IT WOULD BE REQUIRED, BUT IT CAN'T BE, I THINK, TO HELP AND TO SHED SOME LIGHT ON HER CONCERNED.

GO AHEAD.

SHAWSHEE AND I'M CHAIRMAN AND COMMISSIONERS.

UH, OF COURSE, AS THE SWAMP, THE SPEAKER SAID A PORTION OF THIS LOT IS ENCUMBERED BY FLOOD PLAIN.

UH, IT IS ALSO PICKING UP IS ALMOST LIKE A DRAINAGE CHANNEL THAT RUNS THROUGH THIS PROPERTY.

NOW, UH, AS ONE OF THE COMMISSIONERS SAID, THIS IS AT THIS TIME, IT'S A ZONING HEARING THAT IS FOR THE USE OF THE PROPERTY.

TYPICALLY A DRAINAGE IMPACT ANALYSIS AND THE TRAFFIC IMPACT ANALYSIS, WHICH HAS BEEN SUBMITTED AT THIS TIME.

BUT STAFF HAS NOT HAD THE OPPORTUNITY TO REVIEW AND APPROVE IT IS USUALLY DONE AT THE PRELIMINARY PLAT STAGE.

I ALSO WANT TO SAY ONE OTHER THING IS THAT WATTS PLANTATION IS CURRENTLY IN THE FORT WAYNE COUNTY MOBILITY BOND PROGRAM BEING CONSIDERED FOR RECONSTRUCTION EXPANSION.

THERE ARE TWO OPTIONS.

THEY'RE LOOKING AT TWO LANES WITH SHOULDERS ARE TWO LANES WITH WHAT WE CALL A THIRD LANE OR A MIDDLE LANE.

UH, AND THAT IS A PROJECT THAT'S CURRENTLY UNDER DESIGN.

SO I JUST WANTED TO HAVE SOME CLARITY AND GIVE YOU THAT, AND I'LL BE AVAILABLE TO ANSWER ANY QUESTIONS.

THANK YOU.

I WANT TO BE CLEAR.

YOU'RE SAYING NO DRAINAGE HAS BEEN DONE.

A DRAINAGE REPORT HAS NOT BEEN CONDUCTED, WHICH IS NOT AT THIS TIME, MAN, BUT WE'LL CERTAINLY BE ASKING THAT AS WE MOVE FORWARD, THAT IT IS DONE.

TYPICALLY IT'S DONE AT THE PLANTING STAGE PRELIMINARY PLAT STAGE, BUT IT WASN'T DONE IN THIS CASE.

NOT AT THIS POINT, IT'S NOT BEEN DONE.

LET ME MAKE SURE YOU UNDERSTOOD WHAT HE SAID.

CAUSE I THINK THERE MAY HAVE BEEN A SLIGHT DISCONNECT.

UM, AND I DON'T KNOW, MADAM, I'M SORRY.

I DIDN'T WANT TO HUNCH ALL OVER LAWRENCE TURNER WITH CLOSING INC.

UH, WE'RE APPLICANT ON THIS PROJECT.

THANK YOU ALL THIS EVENING FOR GIVING US AN OPPORTUNITY TO, UH, PRESENT BEFORE YOU, UH, AND ALSO ENTERTAIN ANY QUESTIONS THAT YOU MAY HAVE AS IT RELATES TO THIS PARTICULAR PROJECT.

UH, AND ONE OF THE THINGS I JUST WANT TO SAY IS I WANT TO MAKE SURE YOU WERE ON THE SAME PAGE WITH WHAT SASHA SAID.

UH, AND, AND HE STOLE SOME OF MY THUNDER.

I WAS GONNA GET TO THROW OUT, BUT, UH, WITH REGARDS TO DRAINAGE DURING THIS IS JUST LAND USE ONLY.

AND SO TYPICALLY

[00:45:01]

YOU KIND OF LOOK AT IT FROM A HORIZONTAL STANDPOINT.

AND SO WHEN YOU LOOK AT THIS SITE PLAN THAT YOU HAVE, AND I'M PRETTY SURE IT'S IN YOUR PACKAGE, IT'LL SHOW YOU.

AND WE, SO WE HAD TO DO SOME PRELIMINARY CALCULATIONS TO SEE WHAT, HOW BIG DOES THIS DETENTION BOND NEEDS TO BE? HOW BIG IS THIS DRAINAGE EASEMENTS GONNA NEED TO BE? SO WE'VE DONE SOME STUFF, BUT NOT ENOUGH TO WHERE YOU COULD GO AND DESIGN AND CONSTRUCTED.

AND SO THAT'S NORMALLY DONE AT THE PRELIMINARY PLAT STAGE, BUT YOU HAVE SOME CONCEPT THAT HAS TO BE LOOKED AT FOR YOU TO DETERMINE HOW MANY LOTS YOU CAN PUT IN A WHICH WAY YOUR ROADWAYS CAN GO AND THINGS OF THAT NATURE.

SO I JUST WANTED TO KIND OF, I THOUGHT I SAW MAYBE JUST A SLIGHT, UH, I WENT TO PROVIDE SOME ADDITIONAL INFORMATION.

I'LL SAY IT THAT WAY.

UM, AGAIN, I DON'T KNOW, AM I IN THE PUBLIC HEARING? I'M IN A PRESENTATION, WHICH 1:00 AM I? AND I LOST TRACK THE PUBLIC HEARING PUBLIC HEARING.

OKAY.

AND SO FROM THE PUBLIC HEARING STANDPOINT, UH, I THINK, UH, STAFF DONE AN EXCELLENT JOB OF PRESENTING IT.

UM, YOU KNOW, WE HAVE, WHEN WE PREPARE THE LAND PLAN THAT YOU'RE LOOKING AT, UH, WE'VE ACTUALLY LOOKED AT AND TOOK INTO CONSIDERATION THAT THERE IS A NATURAL DRAINAGE SLOW.

AND I'M GOING TO GUESS I GOT A LITTLE POINTER ON HERE.

NO, IS IT A POINTER? I CAN STAND UP THERE AND POINT FOR YOU.

I CAN REACH THERE TOO.

NOW, YOU KNOW, THAT'S IT, THE LITTLE RED LIGHT WENT ON ONE, SO YOU PRESS ONE BUTTON CORRECTLY.

THERE YOU GO.

THERE WE GO.

OKAY.

YOU THANK YOU VERY MUCH.

UM, HERE WE GO.

SO AS YOU CAN SEE WHAT IT IS, HERE'S THE FORT BEN TOLL ROAD TO THE NORTH SIDE RIGHT HERE.

THERE'S ACTUALLY FOUR CULVERTS THAT COME UNDERNEATH THE TOLL ROAD THAT GOES TO THIS NATURAL SLEW.

THAT KIND OF GOES RIGHT THROUGH THERE.

THAT'S ALSO AREA THAT'S WITHIN THE FLOODPLAIN.

ONE OF THE THINGS THAT YOU WANT TO DO WHEN YOU HAVE SOMETHING LIKE THAT, YOU WANT TO TRY TO MINIMIZE ANY FEEL OR, OR ANYTHING IN THAT AREA RIGHT THERE.

AND SO THAT'S A BIG CHUNK OF LAND GOING RIGHT THERE.

WE'VE ALSO PUT SOME DETENTION OVER HERE, ALONG THE SOUTH SIDE TO COVER THIS PORTION OF THE TRACK, AS WELL AS OVER HERE, YOU NOTICE THAT, UH, THERE'S SOME BIG OLD DETENTION POND AREAS.

AND WITH THE WAY THAT THE CITY REQUIRES WITH REGARDS TO, UH, ITS REQUIREMENTS, IT'S GOING TO REQUIRE THAT AMOUNT OF LAND.

SO THAT'S WHY THEY COULDN'T REALLY DO 300.

WE HAD TO GET DOWN TO, TO WHAT'S REAL.

WHAT'S, WHAT'S REALLY REAL RIGHT THERE.

UH, AND WE HAVE A TOTAL OF 120 LOTS.

WE'VE GOT A TOTAL OF, LET ME SEE IF MY LITTLE POINTERS GOING, COME ON, BABY, COME ON.