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[B. Reconvene: Action necessary on items discussed in Executive Session.]

[00:00:03]

I REMEMBER I'M GOING TO GO AHEAD AND I GUESS CITY STAFF ARE GOING TO CLOSE OUR WORK SESSION FROM EARLIER TODAY.

SO I'M GOING TO CLOSE THAT OFFICIALLY AND NOW I'M GOING TO OPEN OUR CITY OF SOUTHLAKE

[1. Call to Order.]

PLANNING AND ZONING COMMISSION MEETING HERE ON OCTOBER EIGHTH AT 6:40 P.M.

THANK YOU, EVERYBODY, FOR COMING OUT TODAY.

I'LL GIVE YOU KIND OF A FEW A LITTLE BIT OF A LAY OF THE LAND HERE IN A MOMENT.

LET US JUST CYCLE THROUGH A FEW THINGS ON OUR AGENDA REALLY QUICKLY.

WE DO NOT NEED AN EXECUTIVE SESSION THIS EVENING.

WE ACTUALLY HAD THAT DURING OUR WORK SESSION BECAUSE WE MET A LITTLE EARLIER TO TRY TO HOPEFULLY SPEED THINGS ALONG FOR EVERYBODY.

SO YOU'RE GOING TO BE SPARED THAT 30 TO 60 MINUTE WAITING PERIOD.

LET'S GO AHEAD AND MOVE ON TO ITEM NUMBER THREE REAL QUICK, WHICH IS APPROVAL OF THE

[3. Consider: Approval of the minutes for the Planning and Zoning Commission meeting held on September 17, 2020.]

MINUTES FOR OUR PLANNING AND ZONING COMMISSION MEETING THAT WAS HELD ON SEPTEMBER 17TH.

WE'VE ALL BEEN PROVIDED A COPY OF THOSE, HAD A CHANCE TO PROVIDE ANY FEEDBACK, ANY QUESTIONS, COMMENTS ON THOSE BEFORE I ENTERTAIN A MOTION? MR. CHAIRMAN, I MAKE A MOTION THAT WE APPROVE THE MINUTES FROM THE PLANNING AND ZONING COMMISSION MEETING HELD ON SEPTEMBER 17TH, 2020 MOTION, DO WE HAVE A SECOND? I'LL SECOND. ALL RIGHT.

LET'S SEE IF WE CAN GET A VOTE GOING HERE.

PASSES 7-0.

THAT'S PRETTY QUICK. OK, THANK YOU, EVERYBODY.

ANY ADMINISTRATIVE COMMENTS? ITEM NUMBER FOUR THIS EVENING? NO, MR. CHAIRMAN.

OK, SO NOW WE'LL GET THE CHAIRMAN'S COMMENTS JUST KIND OF BECAUSE I KNOW WE'VE GOT SOME

[5. Chairman Comments.]

PROBABLY SOME FOLKS IN THE GALLERY HERE THAT MAYBE HAVEN'T BEEN UP HERE IN A LITTLE WHILE. AND OBVIOUSLY THIS IS POST COVID.

SO MAYBE JUST COMMENTING ON THAT REALLY QUICKLY, YOU CAN TELL WE'RE ALL SPACED OUT, STAFF IS SPACED OUT. WE'VE DONE OUR BEST TO FACILITATE IN-PERSON MEETINGS FOR THIS BECAUSE I THINK MOST OF US WOULD AGREE THAT'S KIND OF THE IDEAL FORMAT VS.

ONLINE. WE DID A FEW OF THOSE AND THEY WILL DO IF THAT'S WHAT WE HAVE TO DO.

BUT I THINK WE ALL YOU KNOW, IF WE CAN FIGURE THIS OUT, PULL OFF AN IN-PERSON MEETING, BUT WE WANT TO DO IT SAFELY AND WE'VE ALL SPACED OUT, REMAIN SOCIALLY DISTANT AND WE'VE TRIED TO FORMAT THAT SO THAT YOU ALL CAN DO THE SAME.

WE HAVE STAFF SPREAD OUT.

WE HAVE AN OVERFLOW ROOM ACROSS THE WAY.

AND YOU COULD ALSO WAIT OUT IN THE GALLERY IF YOU'RE UNCOMFORTABLE WHERE YOU'RE SITTING.

ONE THING I JUST WANT TO ANNOUNCE RELATED TO THAT IS WE ARE GOING TO GO AND ORDER THIS EVENING. WE'RE ABOUT TO TABLE ITEM NUMBER TEN ON OUR AGENDA AT THE REQUEST OF THE APPLICANT. BUT OTHERWISE, WE ARE GOING TO GO IN ORDER FROM SIX THROUGH NINE.

IF YOU'RE HERE FOR ITEMS, MAYBE SEVEN THROUGH NINE, I THINK ITEM SIX, THAT WE'LL TAKE FIRST WILL PROBABLY TAKE US A LITTLE BIT OF TIME.

SO IF YOU WANT TO MAYBE MAKE A LITTLE MORE ROOM FOR THE PEOPLE FOR IDEA NUMBER SIX, YOU KNOW, PLEASE FEEL FREE TO GO OUT AND MAYBE THE MAIN LOBBY OR THE OVERFLOW ROOM OR EVEN STARBUCKS FOR A LITTLE WHILE, I IMAGINE THIS ITEM PROBABLY WILL TAKE A MINIMUM 45, 60 MINUTES PLUS. YOU KNOW, WE'LL TAKE OUR TIME KIND OF CALLING THE NEXT ITEM SO YOU WON'T MISS ANYTHING BUT JUST A HEADS UP THERE THAT COULD HELP US.

AND IF YOU ARE HERE FOR ITEM NUMBER SIX AND YOU'RE NOT COMPLETELY COMFORTABLE WHERE YOU'RE SITTING, IF YOU WANT TO WAIT OUTSIDE, THEY HAVE IT ON LINE OUT THERE AS WELL.

YOU CAN WATCH IT. AND WHEN WE CALL THE PUBLIC HEARING, I'LL MAKE SURE I DO IT REALLY SLOWLY. SO ANYBODY WHO MAYBE IS OUTSIDE WANTS TO COME IN.

YOU KNOW, YOU'RE NOT GOING TO MISS A CHANCE TO SPEAK.

SO WE'RE DOING THE BEST WE CAN TO MANAGE ALL THIS.

THE MICROPHONE TO SPEAK OUT FOR THE PUBLIC HEARING IS OVER HERE BEHIND MR. [INAUDIBLE] WITH OUR STAFF.

WE ASKED, I'LL CALL YOU UP ONE BY ONE.

PART OF WHAT MADE US A LITTLE LATE HERE AS WE WERE SORTING GREEN CARDS, COMMENT CARDS.

WE'RE GOING TO DO OUR BEST TO READ HANDWRITING AND INTENTIONS ON THOSE.

SOME OF THEM WEREN'T TOTALLY, COMPLETELY FILLED OUT.

BUT WE'RE GOING TO TRY TO DO OUR BEST GUESS.

SO WE'LL TRY TO CALL YOU UP ONE BY ONE.

PLEASE DO YOUR BEST TO DISTANCE AND MASK UP AND KEEP THIS AS SAFE AS WE CAN.

AND WE CAN CONTINUE TO HAVE THESE IN PERSON, WHICH I THINK IS WHAT EVERYBODY'S PREFERENCE IS. SO. YES, SIR.

OH, PLEASE. THAT'S THAT'S A GOOD POINT, ESPECIALLY IF YOU'RE MASKED UP, WHICH IS TOTALLY FINE. PLEASE TRY TO SPEAK INTO THE MICROPHONE, SPEAK AS CLEARLY AS YOU CAN TO MAKE SURE THAT WE CAN WE CAN HEAR YOU AND DIGEST YOUR FEEDBACK AND THAT IT GETS ON THE RECORD.

ALL THESE MEETINGS ARE RECORDED AND SHOWN ONLINE LIVE.

SO WE HAVE IT ALL FOR THE RECORD.

ANY OTHER COMMENTS, ANY OTHER GOOD, GOOD LAY OF THE LAND COMMENTS? WITH THAT WE'LL END UP NOW GOING INTO ITEM NUMBER SIX ON OUR AGENDA.

[6. Consider: Ordinance No. 480-773, (ZA20-0049) Zoning Change and Development Plan for The Conservation on property described as Lot 10, Block 2, Harbor Oaks Subdivision, an addition to the City of Southlake, Tarrant County, Texas and Tract 5, Rees D. Price Survey, Abstract No. 1207, Southlake, Tarrant County, Texas and addressed as 2970 Burney Lane and 3185 Southlake Park Dr., Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF-1A" Single Family Residential District. Proposed Zoning: "R-PUD" Residential Planned Unit Development District. SPIN Neighborhood #2.]

AND JUST SO THE GALLERY KNOWS WHAT WE'LL DO, TYPICALLY WE'LL A CITY STAFF PRESENTATION AND THEN WE'LL HAVE THE APPLICANT COME UP AND PRESENT AS WELL.

WE'LL BE ASKING QUESTIONS ALONG THE WAY.

WE'LL HAVE A PUBLIC, YOU KNOW, A PUBLIC HEARING WHERE YOU'LL BE ABLE TO COME FORWARD.

WE TYPICALLY WE TRY TO, YOU KNOW, KEEP THE MEETING EFFICIENT BECAUSE WE DO HAVE A NUMBER OF ITEMS ON HERE. OR WE TRY TO KEEP IT TO THREE MINUTES OR LESS.

[00:05:01]

WE COULD I KNOW WE'VE MADE ONE OR TWO SPECIAL ARRANGEMENTS THIS EVENING WHERE MAYBE YOU'RE GOING TO GIVE ONE PERSON TWO, THREE MINUTE SLOTS IN EXCHANGE FOR ANOTHER PERSON DEFERRING THEIR TIME. BUT I JUST ASKED, ESPECIALLY, YOU KNOW, GIVEN KIND OF THE COVID SITUATION, PLEASE JUST TRY AND KEEP IT AS EFFICIENT AS YOU CAN IN THE PUBLIC HEARING SECTION. AND THEN WE'LL CLOSE THE PUBLIC HEARING.

WE'LL DELIBERATE SOME MORE AND SEE WHAT THE POTENTIAL RECOMMENDATION MIGHT BE.

SO THAT'S A LITTLE OF THE LAY OF THE LAND FROM THERE.

WE'LL GO AHEAD. CITY STAFF.

OH, PARDON ME. THAT'S RIGHT.

FIRST, WE'RE GOING TO TAKE ITEM NUMBER TEN ON OUR AGENDA, WHICH WAS REQUESTED BY THE APPLICANT TO BE TABLED UNTIL OCTOBER 21ST.

IS THAT CORRECT? THE 22ND.

TWENTY SECOND. PARDON ME.

I WOULD NOTE THAT THIS TABLE IS BEING DONE UNDER THE PROVISIONS OF CHAPTER 212 OF LOCAL GOVERNMENT CODE, ALLOWING FOR A 30 DAY REQUEST FOR EXTENSION OF THE ACTION BEING TAKEN BY THIS BODY. OK, NO, THANK YOU.

THAT'S GOOD TO GET ON THE RECORD BECAUSE I KNOW I NEED TO SIGN SOMETHING TO THAT EFFECT.

SO WE'LL DO THAT RIGHT AFTER THIS POTENTIAL MOTION THAT WAS REQUESTED BY THE APPLICANT.

AND AGAIN, IF YOU'RE HERE FOR ITEM NUMBER TEN THIS EVENING, WHICH I THINK WE MIGHT HAVE ACTUALLY HAD ONE COMMENT CARD FOR THAT ONE, THIS ITEM IS BEING TABLED AT LEAST UNTIL OUR NEXT MEETING, MAYBE MORE.

SO YOU JUST WANT TO MAKE SURE YOU'RE NOT WAITING AROUND AT THE END OF THE MEETING AND THERE'S NO HEARING ON THE ITEM.

SO I WILL NOTE ON THAT OCTOBER 22ND, IT WOULD BE A PUBLIC HEARING.

PUBLIC HEARING ON OCTOBER 22ND MEETING.

OK, WITH THAT, I GUESS I'LL GO AND ENTERTAIN A MOTION ON ITEM NUMBER TEN.

MR. CHAIRMAN, I MAKE A MOTION THAT WE APPROVE THE APPLICANT'S REQUEST TO TABLE ITEM NUMBER TEN ON OUR AGENDA, ZA20-0050 TO THE OCTOBER 22ND PLANNING AND ZONING COMMISSION MEETING.

WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. GO AHEAD AND VOTE, PLEASE.

AND MOTION PASSES SEVEN ZERO.

THANK YOU VERY MUCH ON THAT.

NOW WE WILL JUMP BACK TO ITEM NUMBER SIX ON OUR AGENDA, WHICH IS ZONING CHANGE AND DEVELOPMENT PLAN FOR THE CONSERVATION.

AND WE'LL GO AHEAD AND TAKE STEP PRESENTATION ON THAT.

GOOD EVENING, CHAIRMAN AND MEMBERS OF THE PLANNING AND ZONING COMMISSION.

IT'S MY PLEASURE TO PRESENT ITEM SIX TO YOU.

OWNER IS MARYLYN MYLES AND ERROL AND LESLIE HOUSEMANS, APPLICANT ROCK WATER DEVELOPMENTS AND THE REQUEST IS IN APPROVAL OF THE ZONING CHANGE AND DEVELOPMENT PLAN TO DEVELOP 8 RESIDENTIAL LOTS ON APPROXIMATELY THIRTEEN POINT ONE ACRES.

THE APPLICANT IS REQUESTING TO REZONE ONE EXISTING SF1A LOT IN ONE TRACT ZONED AGRICULTURAL DISTRICT TOTALING APPROXIMATELY THIRTEEN POINT ONE ACRES.

AND THEN THE ADDRESS, TWENTY NINE SEVENTY BURNEY LANE, WHICH IS LOT TEN BLOCK TWO OF THE HARBOR OAKS SUBDIVISION AND 3185 SOUTHLAKE PARK DRIVE.

HERE'S A REGIONAL AERIAL.

JUST TO GIVE SOME CONTEXT, THE SUBJECT PROPERTY, THE THIRTEEN POINT ONE ACRES, IS HIGHLIGHTED IN THE RED BOUNDARY, THE RED HORIZONTAL LINE AT THE TOP THAT JUST SHOWS YOU DENTON AND TARRANT COUNTY LINE.

BUT YOU CAN SEE SOME OF THE SUBDIVISIONS NEARBY.

JUST, QUICKLY, AND WE'LL GET INTO THE DEVELOPMENT PLAN A LITTLE BIT LATER.

BUT TO SET THE TABLE UP FRONT, THE APPLICANT IS PROPOSING, AS MENTIONED, EIGHT RESIDENTIAL, LOTS OF WHICH SEVEN WOULD BE NEW NEW RESIDENTIAL LOTS.

AND THEN THE ONE SITE TO THE NORTHEAST THERE IS CURRENTLY PLATTED IN THE HARBOR OAKS SUBDIVISION AS LOT 10 BLOCK 2.

THE AVERAGE LOT SIZE, APPROXIMATELY 71000 SQUARE FEET GROSS.

AND THEN THE NET, ONCE YOU'RE FACTORING IN THE NET, YOU'RE LOOKING AT ABOUT AN ACRE AND A HALF AVERAGE, LOT SIZE, AND WHEN I SAY NET, WE'RE REMOVING THE ACCESS EASEMENT AND THEN THE AREA IN THE 572 FLOWAGE EASEMENT.

THE FUTURE LAND USE PLAN IN THIS AREA IS LOW DENSITY RESIDENTIAL, WITH A SMALL PIECE IN THE NORTHWEST IDENTIFIED AS FLOODPLAIN AND THE AFOREMENTIONED 572 FLOWAGE EASEMENT.

AND JUST REAL QUICK, THE PURPOSE OF THE LOW DENSITY RESIDENTIAL LAND USE CATEGORIES TO PROVIDE FOR AND TO PROTECT LOW INTENSITY, DETACHED, SINGLE FAMILY RESIDENTIAL DEVELOPMENT THAT PROMOTES THE OPENNESS AND RURAL CHARACTER OF SOUTHLAKE.

IN STEP WITH SOME OF THE COMPREHENSIVE PLAN RECOMMENDATIONS, HERE IS HERE ARE TWO ONE FROM THE HEALTH AND WELLNESS MASTER PLAN, AND THE REASON WHY THIS IS PULLED UP IS ENCOURAGING COMMUNITY ACCESS TO CITY PARK FACILITIES, GIVEN THE DISTANCE TO CORPS

[00:10:04]

PROPERTY AND OAK POINTE PARK TO THE SOUTHWEST.

THIS WAS INCLUDED JUST AS A REFERENCE TO ENCOURAGE THAT WALKABILITY BETWEEN PARK AREAS.

AND THEN AGAIN, YOU SEE THE FROM THE PARK'S MASTER PLAN BELOW P13 CONNECT CITY SIDEWALKS TO PARK TRAILS TO PROVIDE A CONTINUOUS PEDESTRIAN SYSTEM.

AS MENTIONED, THE ZONING ON THE WESTERN PIECE, THE MILES TRACT IS AGRICULTURAL ZONING DISTRICT, UNDEVELOPED PIECE OF PROPERTY, AND THEN YOU'VE GOT THE HOUSEMAN'S LOT TO THE NORTHEAST, WHICH IS CURRENTLY ZONED S.F.

ONE A. FROM AN ENVIRONMENTAL STANDPOINT, THIS SLIDE INDICATES A FEW DIFFERENT THINGS, YOU CAN SEE THE BLUE, THE THIN BLUE LINES, THOSE ARE THE TWO FOOT CONTOURS, THE THICKER BLUE LINE THAT RUNS UP THE KIRKWOOD BRANCH OF OF THE CREEK THERE.

AND THEN YOU CAN SEE THE 100 YEAR FLOOD PLAIN IN THE ORANGE AREAS AND THEN THE 500 YEAR FLOOD PLAIN IN THE LIGHT BLUE AREAS.

FROM AN ENVIRONMENTAL MAP STANDPOINT, THE LIGHT GREEN AREAS HERE INDICATE EXISTING TREE COVER AND THEN THE OPAQUE LIGHT BLUE SHADED AREAS REPRESENT TREE PRESERVATION AREAS AS IDENTIFIED ON THE ENVIRONMENTAL RESOURCES PROTECTION MAP.

FROM A TREE CONSERVATION ANALYSIS STANDPOINT, GIVEN THE TOTAL CANOPY COVERAGE, THE APPLICANT WOULD BE REQUIRED TO PRESERVE 30 PERCENT OF THE TREE CANOPY COVER AND THE APPLICANT IS PROPOSING TO PRESERVE ABOUT 50 PERCENT OF THE TREE CANOPY COVER.

THIS SLIDE IS U.S.

ARMY CORPS OF ENGINEERS PROPERTY IS THAT PINK COLOR TO THE WEST AND TO THE NORTHWEST, THERE. FROM A THOROUGHFARE PLAN STANDPOINT, IMPORTANT TO NOTE THAT THIS PROPERTY IS PROPOSING ACCESS THROUGH AN EASEMENT TO BE DEDICATED ON AN EXISTING PLATTED LOT IN THE HARBOR SUBDIVISION TO ACCESS THE PROPERTY TO THE WEST, WHICH IS CURRENTLY A LANDLOCKED PIECE OF PROPERTY.

THERE ARE NO PROPOSED IMPROVEMENTS SHOWN TO TO BURNEY LANE.

AND THEN THE ACCESS EASEMENT IS PROPOSED TO BE A 40 FOOT ACCESS EASEMENT WITH 25 FOOT BACK A CURB TO BACK A CURB, BASICALLY 24 FOOT WITH SIX INCH CURB ON EACH SIDE.

AND THEN THE APPLICANT IS SHOWING NO SIDEWALKS INTERNAL TO THE DEVELOPMENT.

AFTER THE MEETING WITH THE QUARTER PLANNING COMMITTEE, THE PROPOSED SIDEWALKS WERE REMOVED TO HAVE THE COMMUNITY BE IN MORE KEEPING WITH SURROUNDING AREAS.

TO SHOW AGAIN SOME OF THE BOB JONES NATURE AREA, ARMY CORPS PROPERTY THERE TO THE WEST, YOU CAN SEE EXISTING EQUESTRIAN TRAILS AND THEN THE NATURE TRAILS THERE TO THE GREEN DIRECTLY WEST OF THIS PROPOSED AREA.

AND YOU CAN SEE SOME OF THE PARKS IN THE VICINITY ARE ARE HIGHLIGHTED.

AGAIN, IT'S A LITTLE BIT HARD TO SEE IN THE AERIAL.

BUT TO THE NORTHEAST OF OAK POINTE PARK, THE MASTER THOROUGHFARE PATHWAYS PLAN DOES SHOW A SECTION WHICH WOULD CONNECT FROM THE LOCH MEADOW ESTATES SUBDIVISION TO THE CORPS PROPERTY LAND, WHICH COULD CONCEIVABLY CONNECT UP TO THIS PROPOSED SUBDIVISION AS WELL.

JUST FOR FURTHER CONTEXT, THE AREA IN THE LOCH MEADOW ESTATES SUBDIVISION, THIS IS ACTUALLY A LOT SIX, WHICH IS A CITY OWNED PIECE OF PROPERTY WITH A ELIPSE STATION ON IT.

AND THIS IS WHERE THAT ACCESS TO THE CORPS PROPERTY WAS SHOWN ON THE PATHWAYS MASTER PLAN. GETTING INTO THE PROPOSED DEVELOPMENT PLAN HERE, YOU CAN SEE AGAIN THE SEVEN PROPOSED THAT'S SHOWN ON THE MILES TRACT AND THEN THE EXISTING LOT 10 BLOCK TO IN HARBOR OAKS, THE THERE ARE TWO NUMBERS SHOWN AND IT'S A LITTLE BIT HARD TO SEE ON THE SLIDE. BUT BASICALLY THERE'S THERE'S TWO NUMBERS SHOWN IN THE BOX OF THE BUILDABLE AREA AND THE TOP NUMBER WOULD SHOW THE BUILDABLE LOT AREA NET OF THE ACCESS EASEMENT IN AREA ABOVE THE 572 FLOWAGE, WHERE, AGAIN, YOU CANNOT PUT EVEN A TEMPORARY STRUCTURE IN THE 572 FLOWAGE EASEMENT AND THE BOTTOM NUMBER REPRESENTS THE TOTAL GROSS LOT AREA.

[00:15:03]

SO WE ASKED THE APPLICANT TO SHOW THE AMOUNT OF ACREAGE OF WHICH WOULD BE CONTAINED IN THE ACCESS EASEMENT, WHICH IS ABOUT ONE POINT ZERO SEVEN ACRES.

AND SO THAT GIVES YOU THE DISTINCTION BETWEEN THE GROSS ACREAGE, THIRTEEN POINT ONE AND THEN THE THE NET ACREAGE, WHICH WOULD BE MINUS ONE POINT ZERO SEVEN.

THE DENSITY SHOWN AGAIN, THE LOT RANGE RANGES FROM FORTY FOUR THOUSAND TWO HUNDRED EIGHTY TWO SQUARE FEET TO 667127 SQUARE FEET, WITH AN AVERAGE LOT AREA NET OF THE ACCESS EASEMENT AND THE AREA ABOVE THE 572 OF ONE POINT FIVE ACRES.

THE GROSS DENSITY'S ABOUT SIX ONE DWELLING UNITS AN ACRE AND THE NET DENSITY IS ZERO POINT SIX SIX DWELLING UNITS AN ACRE.

AND I'LL JUST NOTE THAT THE LOW DENSITY RESIDENTIAL WOULD REQUIRE A NET DENSITY OF BASICALLY ONE DWELLING UNIT AN ACRE.

THE CUL DE SAC IS ABOUT 895 LINEAR FEET.

DEVELOPMENT REGULATIONS, SO THIS IS PROPOSED TO BE RESIDENTIAL PLANNED UNIT DEVELOPMENT, AND SO WHAT THE APPLICANT HAS PROPOSED IS TO FOLLOW THE SF1A ZONING DISTRICT, REGULATIONS, WITH A FEW EXCEPTIONS, SOME OF WHICH INCLUDE MINIMUM HOUSE SIZE.

SO IN THE SF1A WOULD BE A TWO THOUSAND SQUARE FOOT MINIMUM, WHEREAS IN THIS DISTRICT, THE APPLICANT IS PROPOSING A 4000 SQUARE FOOT MINIMUM.

AGAIN, WE'VE TALKED ABOUT THE STREET.

AND SO THE APPLICANT HAS WRITTEN IN A REGULATION THAT RESIDENTIAL LOTS SHALL NOT BE REQUIRED TO FRONT ONTO A PUBLIC STREET SINCE THEY WOULD BE ACCESSIBLE VIA AN EASEMENT.

SIDEWALKS, AGAIN, THEY HAVE WRITTEN IN A REGULATION TO NOT PROVIDE SIDEWALKS IN KEEPING WITH THE SURROUNDING AREA.

SIDE [INAUDIBLE] LOT LINES SHOWN AS CONFIGURED ON THE DEVELOPMENT PLAN.

AND THEN THE APPLICANT HAS WRITTEN A REGULATION THAT ALL THE HOMES WOULD BE PROTECTED BY FIRE SUPPRESSION SYSTEM.

THERE IS IN THE RESIDENTIAL PLAN UNIT DEVELOPMENT DISTRICT, THERE WOULD BE A REQUIREMENT TO HAVE 10 PERCENT OPEN SPACE.

THE APPLICANT HAS INDICATED THAT NO SEPARATE, COMMON OPEN SPACE WOULD BE REQUIRED, WHICH WOULD BE CONSISTENT WITH THE SF1A ZONING.

HOWEVER, THEY THEY DID PROVIDE APPROXIMATELY 11 PERCENT OF THIS SITE IS IN AN EASEMENT WHICH IS SHOWN IN THE GREEN AREA THERE IS THE PEDESTRIAN ACCESS AND WILDLIFE EASEMENT.

AND THEN A COUPLE OF OTHER ITEMS, SO THE APPLICANT HAS NOTED THAT IN THE OPEN SPACE, PEDESTRIAN WILDLIFE EASEMENT, NO CONSTRUCTION, LIVING TREES SHOULD BE REMOVED.

AND THEN THEY HAVE WRITTEN IN A REQUIREMENT BASICALLY NOT TO BECAUSE SEWER SANITARY SEWERS AREN'T AVAILABLE THEY WOULD NOT DRY PIPE PER THE CITY CODE.

FROM AN ENTRY STANDPOINT, AND I'LL GO HEAR THE PROPOSED ENTRY PLAN, THE APPLICANT DOES SHOW A SIGN ABOUT SIX FEET ON THE I'M SORRY, ABOUT FOUR FEET ON LOT 10, BLOCK TWO OF THE EXISTING HARBOR OAKS SUBDIVISION.

AND I'LL LET THE APPLICANT GO INTO MORE DETAIL ABOUT THEIR PROPOSED SIGNAGE AND ENTRY FEATURES. FROM A DRAINAGE, THIS IS THE EXISTING DRAINAGE PLAN, AND JUST TO KIND OF GO THROUGH SOME OF WHAT THE EXISTING CONDITIONS ARE ON THE SITE, LOOKING AT THEIR PRELIMINARY GRADING AND DRAINAGE, IT'S DENSELY VEGETATED DRAINAGE FLOW IN EXISTING CONDITIONS TO NORTHWESTERLY DIRECTION TOWARDS THE GRAPEVINE LAKE.

PROPOSED CONDITIONS WOULD INCLUDE PAVED ROADWAY SEVEN GRADED PAD SITES.

STORM RUNOFF WOULD BE CAPTURED IN A SERIES OF PRIVATE ONSITE CURB INLETS, STORM DRAIN PIPE AND CULVERTS TO 24 INCH CULVERTS THAT OUTLETS INTO THE EXISTING EARTHEN CHANNEL.

TWO CULVERTS ARE PROPOSED THAT ALLOW DRAINAGE FLOW TO FOLLOW THE EXISTING PATH FROM THE EAST TO THE WEST OF THE PROPOSED ROADWAY.

SO I'LL LET THE APPLICANT GO INTO MORE DETAILS ON THE SPECIFICS OF THE DRAINAGE.

AND HERE'S THE PRELIMINARY UTILITY PLAN.

THAT IT WAS IMPORTANT JUST TO GO THROUGH A LITTLE BIT OF THE SITE HISTORY ON THIS PARTICULAR PART OF TOWN, SO BACK IN TWO THOUSAND AND SIX, CITY COUNCIL DENIED A ZONING CHANGE REQUEST FOR THE PROPOSED BELLA LAGO SUBDIVISION.

AS YOU CAN SEE AT THE TIME THAT THE CASE WAS WAS DENIED, IT WAS NINE PROPOSED LOTS WITH EIGHT NEW AND ONE EXISTING.

[00:20:02]

BASICALLY, THE THE ITEM WAS WAS DENIED IN 2006.

AND THEN MORE RECENTLY, THE LAKE FOREST PROPOSAL THAT CAME FORWARD AT THE TIME OF DENIAL WAS FIVE PROPOSED LOTS, AS YOU CAN SEE, TO THE WEST OF THE HOUSEMANS LOT.

THERE WERE A COUPLE OF ADDITIONAL TERTIARY APPLICATIONS THAT WERE PROCESSED SIMULTANEOUSLY FOR THE PURPOSES OF PROVIDING ACCESS YOU CAN SEE IN THE EXHIBIT.

TO THE AT THE TOP RIGHT OF THE SLIDE THERE, THERE WERE SEPARATE CASES, ONE FOR THE HOUSEMAN'S LOT BACK IN 2008 AND THEN THREE EXISTING LOTS IN THE GEORGE S.

EDITION. AND THESE TWO CASES, THE EIGHT CASES WERE WITHDRAWN.

AND SO ESSENTIALLY THE REQUEST WAS WAS DENIED DUE TO NO ACCESS.

AND THAT WAS AGAIN IN 2008.

THAT CONCLUDES STAFF'S PRESENTATION, AND I'M HAPPY TO ANSWER ANY QUESTIONS, IF NOT THE APPLICANT IS HERE AS WELL.

THANK YOU, JEROD.

I GUESS I'VE GOT ONE QUICK ONE HERE, AND I MAY ACTUALLY TEE UP THE CITY ATTORNEY HERE IN A SECOND BUT I'LL LET SOME OF THE COMMISSIONERS ASK QUESTIONS AS WELL.

BUT AGAIN, I KNOW WE'RE HERE TO CONSIDER SEVERAL THINGS.

BUT IN TERMS OF THE LAND USE PLAN, IT IS CONSISTENT WITH WHAT THE LAND USE PLAN IS STATING. NOW, I KNOW THERE'S OTHER THINGS IN TERMS OF COMPATIBILITY OF THE NEIGHBORHOOD, ETC., BUT LAND USE PLAN, IT'S CONSISTENT WITH IT, CORRECT? CORRECT. OK, OTHER QUESTIONS FOR STAFF RIGHT NOW FROM COMMISSIONERS.

OK, MAYBE BEFORE THE APPLICANT COMES UP REALLY QUICKLY, I'LL LET OUR CITY ATTORNEY AGAIN, WE RECEIVED A LOT OF FEEDBACK FROM THE RESIDENTS AND WE TOOK IT ALL TO HEART AND PROCESSED IT. AND THERE'S OBVIOUSLY A LOT OF CONCERNS BROUGHT UP WITHIN IT.

SO I'D LIKE FOR IT, GIVEN THIS IS THE PLANNING AND ZONING COMMISSION, LIKE FOR THE CITY ATTORNEY TO GO AHEAD AND JUST NOTE IN TERMS OF WHAT THIS BODY WILL BE FOCUSED ON AND CONSIDERING THIS EVENING.

THANK YOU, CHAIRMAN. IN THE REVIEW OF A ZONING CHANGE REQUEST, THE PLANNING AND ZONING COMMISSION HAS THREE GUIDING CRITERIA.

FIRST AND FOREMOST, WHAT YOU ALREADY TALKED ABOUT, WHICH IS CONFORMANCE TO THE CITY'S COMPREHENSIVE PLAN.

SECOND IS WHETHER THE ZONING CHANGE IS COMPATIBLE WITH THE NEIGHBORING LAND USES.

AND THEN FINALLY, ANY OTHER FACTOR THAT MIGHT IMPACT THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE OF THE CITY AT LARGE AND THE IMMEDIATE AREA SURROUNDING THE ZONING CHANGE THINGS INCLUDING DENSITY, TRAFFIC, DRAINAGE, CHARACTER OF THE NEIGHBORHOOD, THINGS OF THAT NATURE ARE ITEMS TO BE CONSIDERED BY THIS BODY.

OK, THANK YOU.

AND IF WE NEED ANY OTHER ASSISTANCE, DON'T GO AWAY.

OK. I'D LIKE TO GO AHEAD AND CALL THAT THE APPLICANT UP HERE NOW IF YOU COULD.

AND I THINK IT'S THIS MICROPHONE RIGHT HERE, CORRECT STAFF? JUST TO MAKE SURE I'M DOING THIS, RIGHT? YES, SIR. AND PLEASE.

AND THIS GOES FOR ANYBODY TONIGHT, I'LL REMIND YOU.

BUT PLEASE, WHEN YOU GET UP TO THE MICROPHONE, STATE YOUR NAME AND ADDRESS.

FOR THE RECORD, I THINK THE APPLICANT HAS A PRESENTATION AND I THINK STAFF'S GOING TO TRY TO CALL UP HERE. WELL, WHILE THEY PULL THAT UP, MY NAME IS JODIE BOYD, 2808 NORTHWOOD STREET, GRAPEVINE, TEXAS.

THANK EVERYONE HERE, THE COMMISSION, LADIES AND GENTLEMEN, FOR BEING HERE TONIGHT.

I APPRECIATE YOUR TIME AND VOLUNTEERING FOR THIS COMMISSION.

AS YOU SAID BEFORE, WE'RE PRESENTING A PROJECT.

I'M HAPPY TO PRESENT THE CONSERVATION HERE OFF A BURNEY LANE.

TO GET YOU KIND OF AN AERIAL VIEWPOINT TO PIGGY BACK A LITTLE BIT ON WHAT HE SAID BEFORE.

THIS BORDERS THE CORPS PROPERTY THERE JUST ACROSS THE STREET FROM SOUTHLAKE PARK ON THE WESTERN EDGE OF HARBOR OAKS.

THIS ELEVEN POINT TWO ACRES HAS NO ACCESS, IT'S HAD NO ACCESS FOR DECADES NOW.

PART OF THE CHALLENGE AND PART OF THE THE BENEFIT OF THE SITE IS THAT IT HAS BEEN DISADVANTAGED FOR MANY DECADES NOW.

SO WE FELT LIKE THE BEST WAY TO GET ACCESS WAS TO GO TO THE CLOSEST ROAD, WHICH IS BURNEY LANE, UNDERSTANDING THAT NO ONE HERE WAS RESPONSIBLE FOR LAND LOCKING THIS PIECE OF PROPERTY. BUT WE ALL CAN BE A PART OF GETTING IT ACCESS.

WE TOOK ACCESS ACROSS MR HOUSEMAN'S LOT GOING ACROSS A PERMANENT ACCESS EASEMENT.

WE FELT LIKE THIS IS THE MOST VIABLE SOLUTION.

WE'RE CERTAINLY OPEN TO OTHER SOLUTIONS TO GET ACCESS TO THIS PROPERTY.

BUT WE FELT LIKE GOING THROUGH MR HOUSEMAN'S LOT HERE OFF OF BURNEY LANE WAS THE BEST WAY TO DO THAT. THIS IS PRETTY MUCH JUST A LOW DENSITY RESIDENTIAL AREA,

[00:25:05]

THAT'S WHAT WE'RE DOING WITH OUR PLAN HERE.

THIS IS A CUSTOM HOME NEIGHBORHOOD.

WE WANT TO DO A CUSTOM DESIGNED SUBDIVISION IN ORDER TO ACCOMMODATE A CUSTOM HOME AREA.

WE COMPLY, AS THEY SAID, WITH ALL OF THE SF1A LOW DENSITY LAND USES.

WE WANTED TO TRY TO BE COMPATIBLE WITH OUR NEIGHBORS AND TO BE GOOD NEIGHBORS AS WELL.

ONE OF THE MAIN REASONS WE'RE HERE IS BECAUSE THIS PROPERTY HAS BEEN ZONED AGRICULTURAL FOR MANY YEARS NOW. WITHOUT AGRICULTURAL ZONING, WE [INAUDIBLE] OUR PLAT AND HAVE BECAUSE ALL OF OUR LOTS ARE BIGGER THAN ONE ACRE.

SO THIS IS THE REASON WE HAVE TO GO THROUGH ZONING CASES BECAUSE IT'S BEEN ZONED AGRICULTURAL FOR SO LONG.

CORPS OF ENGINEERS TO THE WEST, HERE'S THE ACCESS EASEMENT THAT WE'RE PROPOSING.

I KNOW ONE OF THE WE'VE MET WITH THE NEIGHBORS, MANY OF THEM HERE TONIGHT THREE TIMES TWO NEIGHBORHOOD MEETINGS THAT WE DID BY ZOOM.

AND THEN ONE OF THE [INAUDIBLE] MEETING, ONE OF THE FEEDBACKS WE GOT FROM THE NEIGHBORS WAS DEED RESTRICTIONS.

WE'VE LOOKED INTO THE DEED RESTRICTIONS.

WE'VE LOOKED INTO THE ACCESS ISSUE HERE.

THERE'S NOTHING WITHIN THE DEED RESTRICTIONS THAT LIMITS US FROM HAVING AN EASEMENT TO ACCESS THIS PROPERTY TO THE WEST.

HERE ARE LOTS OUTSIDE OF THE ROAD AND OUTSIDE OF 572 OUR AVERAGE LOT SIZE IS ONE AND A HALF ACRES, THE SMALLEST LOT WE HAVE IS THE LOT, NUMBER ONE, THE 50000 SQUARE FOOT LOT PLUS A LITTLE BIT. THE ONLY REASON THAT'S AS SMALL AS IT IS BECAUSE WE WANT TO COMPLY WITH THE DEED RESTRICTIONS FOR HARBOR OAKS.

WE'RE NOT GOING TO SUBDIVIDE LOT 10 BLOCK 2 OF HARBOR OAKS WE COULD HAVE DONE THAT TO ADD MORE SQUARE FOOTAGE, TO LOT ONE, TO MAKE IT MORE IN LINE WITH ACRE AND A HALF AN AVERAGE.

BUT WE'RE SIMPLY RESTRICTED BY THE THE BOUNDARIES OF THE PROPERTY.

572 FLOWAGE EASEMENT, AS I SAID BEFORE, OUR NET DENSITY IS POINT SIX SIX, WE HAVE AN AVERAGE OF AN ACRE AND A HALF OUTSIDE OF THE ROAD AND THE FLOWAGE EASEMENT, ONE OF THE THINGS THAT'S NICE ABOUT THIS PROPERTY IS IT GOES BACK UP TO THE CORPS OF ENGINEERS PROPERTY. LOTS OF TRAILS BACK THERE, LOTS OF WILDLIFE BACK THERE.

WE'VE RESTRICTED THROUGH COVENANTS, DEED RESTRICTIONS FOR OUR DEVELOPMENT.

IF IT'S PROVED THAT THERE'LL BE NOTHING DONE BACK THERE.

NO DEAD TREE, NO LIVE TREES REMOVED.

OF COURSE, I CAN REMOVE DEAD TREES, NO BUILDINGS.

REALLY NOT GOING TO DO ANYTHING BACK THERE, BUT LET IT STAY NATURAL LIKE IT IS TODAY.

ONE OF THE THINGS THAT CAME FROM OUR NEIGHBORHOOD MEETING WAS ACCESS AND WILDLIFE.

WE CHANGED OUR PLAN TO ACCOMMODATE THAT.

WE HAVE ADDED A WILDLIFE ACCESS EASEMENT AS WELL AS A PEDESTRIAN EASEMENT HERE.

WE UNDERSTAND THE UNIQUE NATURE OF THE AREA AND WE WANTED TO BE SENSITIVE TO THAT.

SO THAT'S ONE OF THE MAIN REASONS WHY WE ADDED THE WILDLIFE ACCESS EASEMENT SO THAT DEER AND I GUESS COYOTES AND BOBCATS.

WHAT I SAID IN THE MEETING IS THE ONLY THING THAT'S GOING TO BE RESTRICTED IS SNAKES.

THERE'S NO SNAKES ALLOWED ON THE PROPERTY.

HERE IT IS, THE PEDESTRIAN ACCESS TO THE OPEN SPACE.

CURRENTLY TODAY, THERE'S NO ACCESS FROM BURNEY LANE OR HARBOR OAKS TO THE WEST TO THE CORPS OF ENGINEERS PROPERTY. WE WANT IT TO PROVIDE ACCESS FOR OUR NEIGHBORS THAT QUICKLY ACCESS THE CORPS OF ENGINEERS PROPERTY.

THERE'S LOTS OF NICE HORSE TRAILS DOWN THERE.

IT'S REALLY A NICE PLACE TO WALK.

SO WE WANTED TO BE SURE AND BE SENSITIVE TO ACCESS FOR OUR NEIGHBORS THROUGH OUR PROPOSED DEVELOPMENT. DRAINAGE: HEARD SOME CONCERNS THROUGH OUR NEIGHBORHOOD MEETING ABOUT DRAINAGE, YOU KNOW, JUST TO ADDRESS THAT STRAIGHT ON, WE'RE ALL DOWNHILL, DOWNHILL FROM EVERYBODY ON BURNEY LANE, SO I CAN PRETTY WELL GUARANTEE THAT OUR SUBDIVISION IS NOT GOING TO CAUSE ANY DRAINAGE PROBLEMS ON OUR NEIGHBORS DUE TO THE FACT THAT WE'RE DOWNHILL FROM EVERYONE.

CURRENTLY, RIGHT NOW, MR. HOUSEMAN'S LOT, IT DOES CURRENTLY DRAIN ACROSS TO MR. FREDRICKS' LOT GOING THERE FROM NORTH TO SOUTH.

PUTTING IN A ROAD IS GOING TO HELP THAT SITUATION.

WHAT IS NOW FREE FLOWING DRAINAGE COMING OFF MR. HOUSEMAN'S LOT ON TO MR. FREDERICKS' WILL NOW BE COLLECTED IN OUR CURB AND GUTTER STREET AND A TRANSITION TO THE WEST, OUT TO THE LAKE GRAPEVINE.

SO WE BELIEVE THAT WE'RE GOING TO IMPROVE THE DRAINAGE FOR OUR NEIGHBORS.

HERE IS OUR ENTRY AND A COUPLE OF CHANGES FROM WHAT THE STAFF PRESENTED.

WE READ THE DEED RESTRICTIONS MULTIPLE TIMES.

ONE OF THE CLEAR DEED RESTRICTIONS IS NO SIGNS ON ANY LOT IN HARBOR OAKS.

SO WE REMOVED OUR SIGNAGE THERE SO THAT WE CAN COMPLY WITH THOSE RESTRICTIONS.

WE WILL BRACKET OUR ENTRY WITH A SMALL PLANTER THERE AND A SMALL WALL, THE ORNAMENTAL IRON FENCE THAT GOES ALONG BURNEY LANE THERE IS FOUR FEET TALL WITH A FIVE FOOT PILASTERS . ON THE SOUTH SIDE OF OUR ENTRY, AND THEN AT LENGTH, SEVERAL TIMES WITH MR. FREDERICKS AND HIS WIFE, ROSE, WE DROVE SOME OF THE THINGS THAT I'VE DONE.

WE PROPOSED IN ORDER TO MITIGATE ANY NEGATIVE CONSEQUENCES TO OUR DRIVEWAY THERE, TO LINE

[00:30:06]

THAT SOUTHERN BORDER WITH A SIX FOOT WROUGHT IRON FENCE OR ORNAMENTAL METAL FENCE WITH SEVEN FOOT PILASTERS ACROSS THERE.

AND WE'RE GOING TO PLANT RED CEDAR TREES EVERY 10 FEET IN ORDER TO HAVE A GREEN SCREEN ALL ALONG THAT SOUTHERN PROPERTY LINE.

SO WE WANT TO MITIGATE ANY NEGATIVE CONSEQUENCE TO THE FREDRICKS' FROM OUR DRIVEWAY THAT GOES TO ACCESS THIS PROPERTY.

HERE'S OUR TREE PRESERVATION PLAN.

EVERYTHING THAT'S IN THE GREEN, WE'RE GUARANTEEING WE'RE GOING TO SAVE THOSE TREES AND WE'LL MAKE THAT OBVIOUSLY IS A PART OF THIS PUD, BUT WE'LL ALSO INCLUDE THAT IN OUR HOA DOCS. WE COMPLY WITH THE CITY OF SOUTHLAKE'S PLANS HERE IN THAT WE'RE SAVING GUARANTEEING WE'RE GOING TO SAVE 50 PERCENT OF THE TREES.

NOW, THE RED AREA THERE ON OUR ROAD AND THE PAD SITES, THOSE PADS ARE EIGHTY BY EIGHTY PADS. THAT REPRESENTS A 6400 SQUARE FOOT HOME PAD.

THOSE ARE GOING TO COME DOWN. OBVIOUSLY, THE TREES WILL COME DOWN ALONG THE ROAD AND WHERE THE HOUSES ARE GOING TO BE BUILT.

BUT THERE IS ROOM FOR MORE TREE MITIGATION AND PRESERVATION.

THE AERIAL PHOTOGRAPH THAT YOU SEE BETWEEN THE RED AND THE GREEN, THERE IS POTENTIAL TREES THAT COULD BE SAVED.

NOW, THAT'S IN ADDITION TO THE 50 PERCENT THAT WE'RE ALREADY GUARANTEEING ARE GOING TO BE SAID. WE THINK WE'RE SOMEWHERE PROBABLY IN THE 65 TO 75 PERCENT OF THE TREE CANOPY WILL BE SAVED BASED ON OUR PLAN.

ONE OF THE THINGS, YOU KNOW, TREES IS OBVIOUSLY A BIG ISSUE.

IT'S A BIG ISSUE FOR US AS WELL.

I GREW UP IN SOUTHLAKE.

MY GRANDPARENTS OWNED A PLANT FARM NURSERY HERE IN SOUTHLAKE.

THEY MOVED HERE IN 1960.

I PLANTED TREES ALL OVER THE CITY SINCE I WAS OLD ENOUGH TO CARRY A SHOVEL.

I WEAR MY KIDS OUT BY DRIVING BY GRAPEVINE HOSPITAL, SAYING "OH, YOUR DAD PLANTED THOSE TREES" SO THEY GET TIRED OF THAT.

BUT TREES ARE IMPORTANT TO US.

WE WANT TO PRESERVE THE TREES AS MUCH AS WE CAN, NOT ONLY FOR THE BENEFIT OF OUR NEIGHBORS, OUR FUTURE RESIDENTS, BUT ALSO FOR THE NEIGHBORS OF HARBOR OAKS.

SO TREES ARE A BIG DEAL.

AND LIKE I SAID, I THINK WE CAN SAVE CLOSE TO 70 PERCENT, BUT WE'RE GUARANTEEING 50 PERCENT, WHICH IS WELL ABOVE THE CITY THRESHOLD OF 30 PERCENT FOR THIS AREA.

ONE OF THE THINGS WE WANTED TO BE GOOD NEIGHBORS OF, WE WANTED TO FIT THE CHARACTER OF THE NEIGHBORHOOD, SO WHAT WE DID IS I SAID, OK, DO WE COMPLY WITH THE VIBE OF THE NEIGHBORHOOD, UNDERSTANDING THEY'RE GOING TO BE NEW HOMES? WE UNDERSTAND THAT THERE'S PLENTY OF NEW HOMES BEING BUILT IN HARBOR OAKS.

SO WHAT I DID IS I CAME OUT HERE TO SAY, OK, HOW FAR ARE WE ACTUALLY GOING TO BE FROM OUR NEIGHBORS WITH NEW HOUSES? AS YOU CAN SEE, THE CLOSEST WE'RE GOING TO BE TO ANY OF OUR NEIGHBORS IS TWO HUNDRED AND THIRTY FEET. ALL RIGHT.

THE AVERAGE IS WELL OVER A FULL FOOTBALL FIELD AWAY FROM OUR CLOSEST NEIGHBOR IN HARBOR OAKS. AND JUST FOR REFERENCE SAKE, OUR NEIGHBORS ARE ALREADY CLOSER TO THE FOLKS ACROSS THE STREET TO BURNEY THAN WE ARE IN ANY INSTANCE ON OUR SUBDIVISION.

WE PURPOSELY DESIGNED IT LIKE THIS, PURPOSELY THOUGHT OUT THE WAY THAT WE DID IT.

CURTIS, WE ALL KNOW CURTIS.

HE DOES EXCELLENT WORK. WE WANTED TO FIT WITHIN THE NEIGHBORHOOD.

WE WANT TO FIT WITHIN THE STYLE AND THE CHARACTER OF HARBOR OAKS.

AND IN FACT, IF YOU TAKE THIS PLAN AND SUPERIMPOSE IT OVER BURNEY LANE, MUCH OF OUR LOTS ARE VERY COMPATIBLE WITH THE LOTS THAT ARE IN BURNEY LANE.

THERE ARE THREE DIFFERENT CATEGORIES OF LOTS AND BURNEY LANE THERE, THE BIGGER ONES ACROSS THE STREET FROM US, MS. VAN ZANDT HAS SEVEN ACRES.

THAT'S A MUCH BIGGER LOT.

BUT AS YOU GO SOUTH ON BURNEY THEY'RE, ONE POINT THREE ACRE, ONE POINT FOUR ACRE, COMPLETELY IN LINE WITH OUR AVERAGE SQUARE FOOTAGE FOR OUR LOTS.

SO WE DID OUR BEST TO BE GOOD NEIGHBORS, TO REACH OUT TO THE NEIGHBORS AND TO ALSO DESIGN A SUBDIVISION THAT FITS WITHIN THE NEIGHBORHOOD.

ONE OF THE OTHER ISSUES THAT WE'VE HAD OR POTENTIAL NEGATIVE CONSEQUENCES OF THE DEVELOPMENT IS FOR MS. VAN ZANDT AS OUR ROAD GOES DUE EAST ONTO BURNEY LANE.

AS I SAID BEFORE, WE LOOK FOR OTHER WAYS TO GET ACCESS TO THIS PROPERTY.

IF THERE'S A BETTER WAY TO DO IT.

PLEASE COME TALK TO US.

WE WANT TO DO THE BEST WE CAN.

I UNDERSTAND HEADLIGHTS COULD BE A POTENTIAL ISSUE FOR MR. VAN ZANDT. I REACHED OUT TO HER MULTIPLE TIMES TO SIT DOWN WITH HER, TO TALK TO HER.

I EVENTUALLY SENT AN EMAIL.

I'D BE HAPPY TO PROPOSE THAT WE PUT A RAISED LANDSCAPE BED ACROSS THE FULL BREADTH OF OUR ROAD THAT COMES INTO HER HOUSE.

WE'LL MODIFY HER LANDSCAPING AND IRRIGATION TO ACCOMMODATE THE BED.

WE'LL DO IT AT OUR COST IN ORDER TO MITIGATE ANY POTENTIAL NEGATIVE CONSEQUENCES FOR MS. VAN ZANDT'S ACROSS THE STREET FROM US.

SO I WANTED TO BE SURE AND ADD THAT TOO.

I HAVEN'T BEEN ABLE TO SIT DOWN WITH HER TO ACTUALLY WORK OUT SOME SORT OF ARRANGEMENT THAT I DID OFFER THAT ON AN EMAIL.

SO I WANTED TO BE SURE THAT I'D STAND BY MY WORD.

SO JUST TO ADDRESS THAT.

OK, HERE'S ANOTHER ONE OF THE THINGS THAT WE WANTED TO TALK ABOUT TONIGHT.

WE HAVE SEVERAL NEIGHBORS THAT ARE AGAINST US.

I UNDERSTAND THAT. AND THAT'S THEIR RIGHT.

BUT I REALLY WANT TO THINK ABOUT ARE WE REALLY IMPACTING THEM? ARE WE REALLY GOING TO BE A NEGATIVE IMPACT TO OUR NEIGHBORS?

[00:35:04]

SO I HAD CURTIS DO A LITTLE WORK ON THIS.

YOU'LL SEE THROUGH THIS CROSS SECTION.

THIS IS CROSS SECTION AA.

IF YOU LOOK UP AT THE NORTHEAST, YOU CAN SEE WHERE THAT SITE LINE GOES THROUGH MR. HOUSEMAN'S HOUSE RIGHT NOW.

OUR PAD SITES WILL BE 13 FEET LOWER THAN BURNEY LANE AT THAT PAD SITE.

SO IF YOU'RE ON BURNEY LANE, CHANCES ARE YOU'RE NOT EVEN GOING TO SEE THAT HOUSE.

THE WORST WOULD BE THE VERY TOP OF THE ROOF, PLUS ALL THE TREES IN BETWEEN.

IT WAS FELT LIKE, OK, THAT'S PRETTY GOOD.

WE'RE NOT IMPACTING OUR NEIGHBORS.

SO WE WENT A LITTLE FURTHER SOUTH.

OK, WENT THROUGH MR. FREDERIKS' HOME.

ASIDE FROM ALL THE TREES THAT BLOCK THE VIEW, WE'RE 12 FEET BELOW BURNEY LANE AT THAT HOUSE PAD, AND THAT GOES TO HOUSE PAD NUMBER TWO RIGHT THERE, WHICH WAS OUR BIGGEST TWO ACRE LOT THERE IN THE SUBDIVISION.

AGAIN, A NATURAL VISIBLE BLOCK.

PLUS, WE'RE 12 FEET LOWER THAN THE ROAD, SO LET'S KEEP GOING SOUTH.

ALL RIGHT. THIS ONE DOESN'T LOOK AS GOOD FOR US.

BUT, HEY, IF WE'RE GOING TO BE CONSISTENT, LET'S LOOK AT ALL OF THEM.

WE'RE ACTUALLY TWO FEET LOWER THAN BURNEY LANE ON THIS.

YOU CAN SEE THERE'S A GENTLE RISE THERE BETWEEN BURNEY LANE AND OUR HOUSE PAD NUMBER SIX HERE THAT IT GOES ACROSS THE LINE ON FIVE.

BUT THAT'S ACTUALLY A LOT SIX THAT WE'RE SHOWING THERE.

SO WE'RE TWO FEET LOWER WITH THE RISE IN FRONT OF US, WITH TREES IN FRONT OF US TO BLOCK.

WE'RE ALSO PROPOSING, LIKE WE SAID, TO KEEP 50 PERCENT OF THE TREES.

THE TREES THAT ARE SHOWN HERE IN THIS CROSS SECTION ARE TREES THAT ARE PART OF WHAT WE'RE GUARANTEEING WE'RE GOING TO SAVE.

SO, YOU KNOW, WE'VE DONE OUR BEST TO FIT WITH A NEIGHBORHOOD TO COMPLY WITH THE FUTURE LAND USE PLAN, TO COMPLY WITH THE ZONING DESIGNATIONS FOR THIS AREA, TO MEET THE RURAL CHARACTERISTIC OF THIS NEIGHBORHOOD WITH THE TWENTY, THIRTY FIVE PLAN.

WE THINK WE'VE DONE AN EXCELLENT JOB OF FITTING WITHIN THE NEIGHBORHOOD.

NOW, DO ALL THE NEIGHBORS LIKE IT? NO, THEY DON'T LIKE IT.

I UNDERSTAND THAT. BUT WE'RE NOT PROPOSING TO DO ANYTHING TO OUR NEIGHBOR'S PROPERTY.

WE'RE ONLY PROPOSING TO THE PROPERTY THAT WE HAVE IN OUR CONTRACT AS PART OF OUR SUBDIVISION. SO I'LL ENTERTAIN ANY QUESTIONS.

WE'RE HAPPY TO PRESENT THIS.

WE THINK IT FITS WITH THE CHARACTER OF THE NEIGHBORHOOD AND WE REQUEST YOUR FAVORABLE APPROVAL. THANK YOU VERY MUCH FOR YOUR TIME.

THANK YOU. I GUESS I WAS GOING TO ASK MAYBE A FEW QUESTIONS AND I'LL LET THE COMMISSIONERS LAUNCH INTO IT. AND IF YOU COULD JUST, YOU KNOW, PLEASE TRY TO JUST ANSWER THE QUESTION THAT'S I ASKED AND JUST KEEP IT TO THE POINT.

IN TERMS OF THE ACCESS, YOU KNOW, AGAIN, IN THE SPIRIT OF OF WHAT WE'RE HERE TO CONSIDER RELATIVE TO THE COMPATIBILITY OF THE NEIGHBORHOOD AND JUST, YOU KNOW, IMPACTS ON THE GENERAL NEIGHBORHOOD, GENERAL WELFARE, ETC..

WERE THERE OTHER SCENARIOS, I GUESS, WHERE YOU LOOKED AT THE THE ACCESS I MEAN, DIFFERENT DIFFERENT WAYS TO TO SITE PLAN THAT? YOU BET. YOU BET WE DID.

IN FACT, ONE OF THE THINGS THAT FROM OUR FIRST ZOOM MEETING TO OUR SECOND ZOOM MEETING, THERE WAS A QUESTION ABOUT THAT FROM THE FREDRICKS' FROM MR. VAN ZANDT. WE INITIALLY I SAID, YOU KNOW WHAT, I THINK WE CAN DO THAT AND WE CAN MOVE OUR ACCESS ROAD TO THE NORTH OF LOT TEN BLOCK TWO.

SO WE LOOKED AT THAT. WE CAME BACK AND WE SAID WE THOUGHT WE CAN DO IT.

WHEN WE FINALLY GOT DOWN TO LOOKING AT IT, THE ISSUE WAS A PERCEIVED NEGATIVE AND ACTUAL NEGATIVE. SO THE LOTS OF THE NORTH OF US, MR. BROWN, I THINK IT'S LISTED AS DAVID GEORGE ON THE TAX ROLLS.

BUT MR. BROWN, HE'S HERE.

I'VE MET WITH HIM SEVERAL TIMES.

IN FACT, THE LAST BEEN MEETING, I THOUGHT THAT MAYBE THAT A LOT WOULD HAVE BEEN FOR SALE, BUT IT'S NOT FOR SALE.

I PURSUED THAT.

IF WE MOVE THAT ACCESS ROAD TO THE NORTH NOW, WE HAVE TWO LOTS THAT HAVE ROADS ON THREE SIDES OF THEM. SO IF WE MOVE TO THE NORTH, THE LOT 10 BLOCK 2 OF HARBOR OAKS WOULD HAVE BURNEY LANE, THE ACCESS GOING FROM EAST TO WEST AND THEN GOING DOWN THE BACK OF LOT 10 BLOCK 2 NORTH TO SOUTH.

IN ADDITION TO THAT, IT NEGATIVELY IMPACTS MR. BROWN'S LOT TO THE NORTH OF THAT, BECAUSE IF YOU GO JUST A LITTLE HIGHER ON THAT PICTURE, THERE'S ANOTHER DRIVEWAY ACCESS EASEMENT, VERY SIMILAR TO WHAT WE'RE TRYING TO DO RIGHT HERE THAT GOES TO A PENINSULA UP TO THE NORTHWEST.

SO IF WE MOVE THAT ROAD TO THE NORTH, THAT HUGELY NEGATIVELY IMPACTS THE SELL-ABILITY AND THE VIABILITY OF THAT LOT TO THE NORTH OF US IN THAT IT NOW HAS THREE ROADS AROUND IT AS WELL. SO THAT'S WHY WE MOVED IT BACK TO THE SOUTH AND PRESENTED THAT.

DID YOU CONSIDER PUTTING IT DOWN THE MIDDLE OF THAT LOT? I DID, BUT THE ECONOMICS OF IT ARE SUCH THAT IF WE LOSE A LOT, THEN, YOU KNOW, IT DOESN'T WORK. YOU KNOW, AND I WANT TO SAY THAT TOO, YOU KNOW, THE FUTURE CHANGE PLAN IS SF LOW DENSITY. WE HAVE THE RIGHT TO PUT ELEVEN, TWELVE LOTS IN THIS THING.

IT'S A THIRTEEN ACRE TRACT.

WE PURPOSELY DIDN'T DO THAT.

WE TRIED TO DO OUR BEST TO MATCH THE CURRENT NEIGHBORHOOD, AND THAT'S WHY WE PRESENTED EIGHT LOTS. OKAY.

BECAUSE THAT WAS GOING TO MY NEXT QUESTION WAS.

AGAIN, IN TERMS OF THE COMPATIBILITY TOPIC, CAN YOU TALK ABOUT HOW YOU ARRIVED AT THIS LOT COUNT, PARTICULARLY RELATIVE TO THE LOT SIZES OF THE ADJACENT NEIGHBORHOOD, PARTICULARLY TO THE EAST?

[00:40:01]

YES, SIR. YOU KNOW, THE LOTS THAT GO ALONG, BURNEY LANE, MR. FREDRICKS, MR.. WHEN MR. JOHNSON, I BELIEVE, IS HERE, MS. WILSON, THOSE LOTS ARE ALL ON THAT ONE POINT EIGHT 8 ACRE, ONE POINT NINE ACRE, GETTING PRETTY CLOSE TO TWO ACRES.

YOU KNOW, AND IF YOU JUST KIND OF IN YOUR MIND, PICK UP OUR SUBDIVISION AND MOVE IT TO THE SOUTHWEST AND SET IT BACK DOWN.

LOT TWO IS A HUGE TWO ACRE LOT.

WE'VE GOT LOT FIVE OF THE TWO EXCELLENT FULL TO ACRE LOTS.

YOU KNOW, OUR AVERAGE LOT DENSITY IS ONE POINT FIVE ACRES.

IF YOU GO ON THE OTHER SIDE OF BURNEY LAND AND GO ALL THE WAY FROM THE CORNER DOWN, THOSE ARE ALL LESS THAN ONE POINT FIVE ACRES.

IN AND OF ITSELF HARBOR OAKS IS NOT A TWO ACRE SUBDIVISION.

THERE ARE TONS OF LOTS INSIDE HARBOR OAKS THAT ARE ONE POINT THREE, ONE POINT FOUR, ONE POINT FIVE. AND THAT'S WHAT WE TRIED TO MATCH WAS THE OVERALL CHARACTER OF HARBOR OAKS.

NOW, IF YOU CAN GO FURTHER NORTH THAN THAT TO [INAUDIBLE] BAY, THERE'S QUARTER ACRE LOTS UP THERE. THAT'S WHAT WE'RE TRYING TO DO.

WE'RE TRYING TO FIT WITHIN THE NEIGHBORHOOD AND FIT WITHIN THE FUTURE LAND USE PLAN.

BUT YEAH, THE ADJACENT ONES ARE CLOSER TO, AND THIS ONE'S CLOSER TO ONE AND A HALF.

TRUE, BUT WE DO HAVE TWO ACRE LOTS.

OK. AND THEN IN TERMS OF JUST COMPATIBILITY WITH THE NEIGHBORHOOD, I MEAN, I SAW THAT, YOU KNOW, ESPECIALLY FROM THE CORRIDOR DISCUSSION THAT THERE ARE NO SIDEWALKS, WHICH I THINK, YOU KNOW, MATCHES THE NEIGHBORHOOD BETTER.

NO STREET LIGHTS, I THINK-- NO, THE STREET LIGHT ISSUE, THAT'S A CITY REQUIREMENT.

WE'D CERTAINLY BE FINE WITH NOT DOING STREET LIGHTS, BUT I DON'T THINK WE'LL EVER BE ABLE TO GET AWAY WITH THAT WITH FROM AN ENGINEERING STANDPOINT.

AND I WANT TO SAY ON THE SIDEWALK ISSUE, I PUT OUT A CALL TO THE NEIGHBORS THROUGH MR. L., BUT I ASKED THE NEIGHBORS, DO YOU WANT SIDEWALKS? DO YOU NOT WANT SIDEWALKS? WE GOT A RESOUNDING NO SIDEWALKS.

THAT'S WHY WE PRESENTED NO SIDEWALKS.

AND THEN JUST THINGS LIKE NO CURBS, YOU KNOW? WELL, YOU KNOW, IF WE WANTED TO ELIMINATE THE CURBS, WE CERTAINLY WOULD TALK ABOUT THAT.

I MEAN, I THINK FROM A--I'M SORRY.

GO AHEAD. NO, NO, GO AHEAD.

NO, I MEAN, WE'RE CERTAINLY OPEN TO THAT.

I THINK JUST FROM MITIGATING THAT DRAINAGE THAT COMES TO THE SOUTH OF MR. HOUSEMAN'S LOT THAT BE THE ONLY AREA THAT I WOULD SAY, MAN, I REALLY WOULD KIND OF WANT CURBS THERE TO KIND OF TRANSITION THAT WATER TO THE WEST.

BUT OTHERWISE, YOU KNOW, THE ONLY CAVEAT I WOULD SAY TO NO CURBS IS AND THAT'S THE REASON WHY WE ACTUALLY PUT CURBS IN THERE.

WELL, IF YOU DON'T HAVE CURBS, YOU HAVE TO HAVE A BORROW DITCH.

WELL, IF YOU HAVE TO HAVE A BORROW DITCH THAT YOU'RE TAKING OUT MORE TREES, ACTUALLY HAVING CURB AND GUTTER STREETS ELIMINATES THE NEED TO TAKE OUT MORE TREES.

THAT'S WHY WE WANT WHATEVER WE GET.

AND THEN LASTLY, I GUESS, NO ENTRY WALL.

NO, NO ENTRY SIGN.

NOW WE'RE GOING TO HAVE A LITTLE WALL THERE THAT KIND OF BRACKETS IT WITH SOME DECORATIVE CONCRETE THAT GOES ACROSS THE DRIVEWAY THERE.

BUT WE'RE JUST GOING TO DO A WROUGHT IRON FENCE ACROSS THE FRONT OF MR. HOUSEMAN'S LOT AND JUST A SIMPLE ENTRY LANDSCAPED AREA THAT KIND OF GIVES A LITTLE BIT DESIGNATION. HEY, WE'RE GOING INTO A LITTLE BIT DIFFERENT AREA.

BUT AGAIN, BACK TO COMPATIBILITY TO NEIGHBORHOOD.

THERE'S NOT REALLY A LOT OF ENTRY WALLS.

I WOULD SAY, IF YOU'D LIKE FOR US TO TAKE OUT THAT ENTRY WALL, WE'D BE HAPPY TO DO IT.

WE'RE NOT GOING TO [INAUDIBLE] OTHER QUESTIONS FROM COMMISSIONERS, MR. VICE CHAIRMAN. YEAH.

AM I UNDERSTANDING YOU CORRECTLY THAT THERE IS NO OTHER OPTION FROM YOUR STANDPOINT, WITH RESPECT TO THE ENTRANCE? YES, SIR. THE LOT TO THE NORTH IS NOT FOR SALE, SO WE CAN'T GO TO THAT EXISTING.

ANOTHER ISSUE WITH GOING TO THE NORTH SIDE OF LOT 10 BLOCK 2 IS THERE'S A STEEP CURVE THAT COMES FROM EAST TO SOUTH RIGHT THERE.

WE [INAUDIBLE] CARS IN THAT AREA WAS THE BEST CHOICE.

SO FROM OUR PERSPECTIVE, THIS ACCESS HERE, OTHER THAN ANOTHER LOT ALONG BURNEY LANE, WHICH I'M CERTAIN THAT THEY'RE NOT INTERESTED IN SELLING, WE FEEL LIKE THIS IS THE BEST WAY. SECOND QUESTION, THE CHAIRMAN TOUCHED ON THIS KIND OF ALONG THE SAME LINES.

AND MY UNDERSTANDING THAT THERE'S NO OTHER OPTION WITH RESPECT TO THE NUMBER OF LOTS.

YES, SIR. SO WHAT WE'RE BEING PRESENTED TONIGHT IS TAKE IT OR LEAVE IT FROM YOUR STANDPOINT? WELL, I MEAN, NOT TO PUT TOO SHARP A POINT ON IT, BUT I MEAN, IT HAS TO WORK FOR EVERYONE. WE DIDN'T COME WITH TEN OR ELEVEN LOTS.

WE CAME WITH EIGHT, SO THAT WE COULD FIT BUT, YES, SIR.

I MEAN, IT IS WHAT IT IS.

MR. ROTHMEIER: YOU BET I CAN. PICTURE'S ALWAYS BETTER.

LET'S SEE IF I CAN GO BACK TO THAT PICTURE RIGHT QUICK.

WHILE I'M TALKING ABOUT IT, YOU'RE RIGHT.

WE ARE BELOW ALL OF OUR NEIGHBORS ALONG BURNEY LANE THERE.

LET ME GET BACK HERE. DID I MISS IT, CURTIS? THERE IT IS, SORRY.

GOT A LITTLE TRIGGER HAPPY THERE, SORRY.

[00:45:01]

OK, SO THE ARROWS RIGHT NOW THAT YOU CAN SEE COMING OFF OF OUR NEIGHBOR'S, LOTS OFF OF BURNEY LANE, THERE'S CONTOUR LINES THERE.

AND THOSE ARROWS SHOW WHICH WAY THE WATER FLOWS TODAY.

SO IF YOU GO DOWN NORTH, THE SOUTH, ALL THE WAY DOWN OUR PROPERTY LINE THERE ALONG THE BACK OF THOSE LOTS ALONG BURNEY, WE'RE DOWNHILL OF ALL OF THOSE NEIGHBORS, THE ONLY AREA THAT FLOWS ON TO ONE OF OUR NEIGHBORS IS WHAT EXISTS TODAY, WHICH IS THE LOT 10, MR. HOUSEMAN'S LOT ON THE TOP NORTH EAST CORNER TODAY, WATER SHEET FLOWS OFF OF MR. HOUSEMAN'S LOT DOWN ON TO MR. FREDRICKS' LOT AND THEN TURNS THROUGH THAT CREEK THAT GOES OFF DRAINAGE AREA THAT GOES OFF TO THE WEST. SO WHAT NOW, TODAY FLOWS FROM LOT 10 ONTO BLOCK NINE AND THEN GOES WEST, WE'LL BE CAPTURING WITH OUR ROAD AND THE CURB AND GUTTER STREET SO THAT IT NO LONGER FLOWS ONTO MR. FREDRICKS' PROPERTY. AND THAT'S WHY I SAY THIS DEVELOPMENT, THIS INFRASTRUCTURE ACTUALLY IMPROVES AS DRAINAGE SITUATION.

ONE OF THE MAJOR ISSUES THAT WE HAD, WE'RE TOLD WHEN WE'RE TALKING WITH MR. FREDERICK WHO HE AND HIS WIFE WERE VERY LOVELY, BY THE WAY.

I ENJOYED MY TIME WITH THEM.

HE DIDN'T WANT US TO PUT A FENCE THAT WENT FROM NORTH TO SOUTH ALONG THAT CORNER FOR TWO REASONS. ONE FOR THE DRAINAGE AND TWO FOR THE WILDLIFE.

SO WE TOOK THAT OFF. WE TOOK THAT OUT OF OUR PROPOSAL.

BUT, YOU KNOW, I DO BELIEVE AND DO FEEL THAT THE DRAINAGE WILL BE IMPROVED SPECIFICALLY ON LOT 10 AS IT GOES TO THE SOUTH ON OUR STREET CURB AND GUTTER STREET AND GOES TO THE WEST.

THE ONLY CULVERTS WE HAVE IN THE PROPOSAL HERE ARE AT THAT PINCH POINT WHERE WE TAKE THAT TURN TO THE LEFT AND GO SOUTH.

WE'LL HAVE TWO TWENTY FOUR INCH CULVERTS THAT GO INTO THE STREET THERE THAT ACCOMMODATE THE WATER THAT NOW COMES FROM BURNEY LANE AND OUR NEIGHBORS AND GOES OFF TO THE CORPS PROPERTY. OTHER COMMISSIONERS? I HAVE A QUESTION ON THE HOUSMAN LOT, ARE YOU INTENDING TO DEMOLISH THE HOUSE THAT EXISTS TODAY AND SELL THAT AS A VACANT LOT? YES, MA'AM, THERE WILL BE A NEW HOUSE THERE.

OK, SO YOU HAVE SOME FLEXIBILITY ON WHERE THAT IF YOU MOVE THE DRIVEWAY MORE INTO THE MIDDLE OF THE PROPERTY, THE NEW DEVELOPER COULD JUST DEVELOP THE HOUSE ACCORDINGLY.

CERTAINLY WE COULD, YES.

OK.

WE CERTAINLY WOULDN'T WANT TO DISADVANTAGE THAT A LOT, BUT I THINK THERE'S A POTENTIAL WE CAN MOVE THAT 20 OR 30, 40 FEET TO THE NORTH IF THAT WOULD HELP ACCOMMODATE SOME CONCERNS, FOR SURE.

I THINK IT'S A BIT OF A, YOU KNOW, HAVING IT RIGHT AGAINST ADJACENT TO ANOTHER PROPERTY COULD BE A DISADVANTAGE TO THAT PROPERTY OWNER.

SO IT WOULD MAKE SENSE TO ME THAT YOU WOULD BE MORE INCLINED TO DISADVANTAGE YOUR OWN PROPERTY THAN SOMEBODY WHO'S LIVING THERE TODAY.

QUESTIONS FROM COMMISSIONERS? I DO HAVE A QUESTION. SO ONE OF THE NEIGHBORS VOICED A CONCERN.

AND CAN YOU ADDRESS THE NEIGHBOR DIRECTLY ACROSS THE STREET? AND WE'VE TALKED ABOUT THE ACCESS EASEMENT NEEDING TO BE WHERE IT IS.

IN YOUR OPINION, THAT'S WHERE IT NEEDS TO BE.

IF A CAR IS EXITING AND STOPPING THERE TO TURN ON THE BURNEY LANE AND EXIT THE SUBDIVISION, WILL THE HEADLIGHTS BE DIRECTLY INTO THEIR FRONT DOOR AND MASTER BEDROOM? CURRENTLY, IT FALLS INTO THE SOUTHERN PORTION OF THE HOUSE.

I'M NOT SURE THE MASTER BEDROOM IS; I'VE NOT BEEN IN THE HOUSE, BUT THE BULK OF THE HEADLIGHTS WILL GO INTO THE FRONT FACING GARAGE THAT'S THERE AND THAT TO KIND OF ADDRESS YOUR CONCERN, MA'AM, THAT'S ANOTHER CONCERN FOR MOVING THE ACCESS ROAD TO THE NORTH AS WE MOVE IT MORE INTO WHERE HEADLIGHTS ARE GOING TO SHINE INTO OUR NEIGHBOR ACROSS TO THE EAST. AGAIN, ANOTHER REASON WHY WE PUT IT THAT FAR SOUTH.

AND, YOU KNOW, LIKE I SAID, TO MITIGATE THAT, WE'RE HAPPY TO PUT A RAISED LANDSCAPE BED.

WE'LL PUT THE NICEST 60 FOOT LANDSCAPE BED YOU'VE EVER SEEN THERE, IF THAT'S WHAT OUR NEIGHBOR WANTS US TO DO. BUT, YOU KNOW, THAT'S THE ONLY POTENTIAL NEGATIVE TO MOVING IT NORTH IS IT WOULD IMPACT THE HOUSE TO A GREATER DEGREE WITH LIGHTS.

GO AHEAD.

SORRY, JUST TO PIGGYBACK ON THAT, THOUGH, IT LOOKS LIKE IF YOU MOVED THE DRIVEWAY NORTH, YOU'D BE LOOKING AT MORE LIKE A HORSE PROPERTY AND NOT AT A HOUSE.

YES, MA'AM. THAT'S ALL PART OF MS. VAN ZANDT'S HOUSE THERE.

I MEAN, IF WE MOVE THE ROADWAY TO THE NORTH, 40 OR 50 FEET, IN MY OPINION, IT'S GOING TO IMPACT OUR HOUSE TO A GREATER DEGREE THAN DOES THE SOUTH.

BUT AGAIN, WE'RE CERTAINLY HERE WILLING TO WORK WITH OUR NEIGHBORS.

IF THAT'S SOMETHING MS. VAN ZANDT WOULD WANT US TO MOVE THE ROAD TO THE NORTH.

WE CERTAINLY WOULD CONSIDER THAT. DR.

SPRINGER? I WANT TO ASK YOU ABOUT POOR DRAINAGE.

YOU'RE GOING TO BE CONCENTRATING THAT RUN DOWN TO THE LAKE.

WHAT ABOUT EROSION INTO THAT AREA DOWN THERE? I UNDERSTAND THE WATER FLOW GOES THAT WAY NOW, BUT IF MORE SHEET FLOWS AND IT'S MORE NATURALLY SPREAD OUT. WHAT ARE YOU GOING TO DO, MITIGATE LIKE THIS 24 INCH PIPES THAT ARE DUMPING OFF DOWN THE HILLSIDE GO INTO THE LAKE? YOU BET. TWO THINGS WITH THAT CURRENTLY.

THAT'S WHERE THE DRAINAGE GOES NOW.

WE'LL BE PUTTING THOSE PIPES UNDER, YOU KNOW, A ROAD WILL GO ACROSS THE TOP OF THOSE

[00:50:02]

PIPES, WILL GO BASICALLY IN THE CREEK THAT'S THERE TODAY.

SO THERE'S A LITTLE BIT OF EROSION THERE TODAY, BUT IT'S BEEN DRAINING THAT WAY FOR DECADES AND DECADES. ONE OF THE THINGS WE DO IS PART OF THE CONSTRUCTION IS WE'LL DO A LAYERED RIP WRAP, WHICH IS BASICALLY BIGGER ROCKS AND SMALLER ROCKS.

WE'LL DO THAT AT THE OUTFALL OF EVERY ONE OF OUR PIPES.

AND WHAT THAT DOES IS THAT DIMINISHES THE VELOCITY OF THE WATER COMING THROUGH THERE.

SO ACTUALLY, WE'RE GOING TO IMPROVE THE DRAINAGE THERE.

WE'RE NOT CONCENTRATING IN THAT.

IT ALREADY GOES THERE. OK, BUT WHEN WE PUT THAT PIPE IN THERE AND PUT THE RIPRAP BELOW IT, AS THAT WATER COMES THROUGH THE PIPE, HAULS THROUGH THERE LIKE IT NORMALLY DOES NOW, IT'S GOING TO HIT THOSE ROCKS, DISPERSE AND SLOW DOWN AS IT NOW DRAINS OFF, AS IT NATURALLY DOES TODAY INTO LAKE GRAPEVINE.

AND YOU'RE GOING TO GO WITH AEROBIC SEPTIC.

YEAH. IN FACT, I JUST GOT BACK OUR LETTER TODAY FROM TARRANT COUNTY AS PART OF OUR THE COMMENTS FROM THE CITY. WE SENT A LETTER.

WE HAD A PROFESSIONAL SEPTIC SERVICE COMPANY WRITE UP A PLAN FOR US.

THE COUNTY HAS NO ISSUE WITH THE PLAN AS SUBMITTED.

READY TO GO GO FORWARD.

YES, WE WILL BE DOING AEROBICS SYSTEMS. I KNOW THAT'S BEEN ONE OF THE MAJOR CONCERNS.

YOU KNOW, WE'RE USING NEW TECHNOLOGY.

THERE'S NO AVAILABILITY TO SEWER IN THIS AREA.

IF THERE WERE, WE'D CERTAINLY BE LOOKING AT PUTTING, YOU KNOW, HOOKING UP TO THE SEWER PIPE. DON'T THINK THERE'S EVER GOING TO BE SEWER HERE.

THAT'S ONE OF THE REASONS WE ASKED FOR THAT, YOU KNOW, CONSIDERATION NOT TO DRY PIPE IT.

BUT, YEAH, WE'RE GOING TO BE YOU KNOW, THEY'LL BE REQUIRED TO HAVE PROFESSIONAL SERVICE IT TO PROFESSIONALS TO PUT IT IN AND PERMIT IT AND ALL OF THOSE THINGS.

OK, I'M A LITTLE BIT WORRIED ABOUT THAT BECAUSE, YOU KNOW, AROUND TOWN IN SOME, YOU KNOW, FAIRLY NICE HOUSES AROUND TOWN, PEOPLE DON'T TAKE CARE OF THEM.

AND THERE'S A STRONG ODOR PROBLEMS FROM TIME TO TIME.

IS THERE GOING TO BE ANYTHING IN YOUR HOMEOWNER'S ASSOCIATION THAT SAYS WE'RE NOT GOING TO ALLOW THAT? BECAUSE PLUS I'M WORRIED ABOUT THE RUNOFF BECAUSE, YOU KNOW, THEY GO INTO A SPRINKLER SYSTEM BASICALLY.

SO, YOU KNOW, I'M SORT OF CONCERNED ABOUT THAT--.

AND I CAN APPRECIATE THAT.

I WILL SAY I HIRE PROFESSIONALS.

I'M NOT AN ENGINEER. I HIRE PROFESSIONAL ENGINEER.

I'M NOT A PROFESSIONAL PLANNER.

I HIRE PROFESSIONAL PLANNERS.

IN THAT SAME VEIN, WE'RE GOING TO BE HIRING PROFESSIONALS TO PUT IN THESE SEPTIC SYSTEMS. I KNOW YOU ARE, BUT I'M TALKING ABOUT MAINTAINING IT OVER TIME.

I'M SORRY. I'M GETTING TO THAT.

YES, SIR.

WE'LL PUT IN THE HOA DOCUMENTS THAT THEY HAVE TO SERVICE MAYBE ONCE A QUARTER IN ORDER TO MAKE SURE THAT EVERYBODY COMPLIES, MUCH LIKE WHAT YOU WOULD DO WITH FIRE EXTINGUISHERS IN A COMMERCIAL BUILDING. THEY HAVE TO GET A TAG EVERY YEAR.

WE CAN ADD THAT TO OUR HOA DOCS, THAT SAYS BIANNUALLY YOU HAVE TO HAVE SOMEBODY COME OUT AND SERVICE YOUR SEPTIC SYSTEM SO THAT WE CAN AVOID ANY KIND OF NEGATIVE CONSEQUENCES FROM THAT. NOW, I WILL SAY, YOU KNOW, EVERYONE IN HARBOR OAKS HAS A SEPTIC SYSTEM AND ALL THOSE ARE LEACH LINES SEPTIC SYSTEMS OR THE VAST MAJORITY OF THEM ARE.

SO I MEAN, WE'RE NOT POSING ANY MORE UNDUE RISK THAN WHAT ALREADY EXISTS TODAY WELL, ARE YOU TALKING ABOUT THE AEROBIC VERSUS JUST THE STANDARD SEPTIC.

CORRECT BUT THE FINAL PRODUCT ON AEROBIC SYSTEM WINDS UP GOING TO A SPRINKLER SYSTEM AND GOES OUT ONTO THE GROUND. SO IF IT'S NOT MAINTAINED, THEN YOU'RE PUTTING SOME PRETTY NASTY STUFF OUT. SO THAT'S MY CONCERN.

SURE. AND I CAN CERTAINLY APPRECIATE THAT AND WE'LL CERTAINLY MAKE HE HOA ADDRESS THAT.

OK, ANY OTHER QUESTIONS FROM COMMISSIONERS RIGHT NOW? I HAVE ONE MORE QUESTION. IS THERE A BUILDING MAXIMUM SIZE THAT WILL BE REGULATED BY HOA? YES, MA'AM. WE'LL COMPLY WITH THE SF1A LOW DENSITY, THE CITY REGULATIONS WILL COMPLY WITH THAT. I BELIEVE AT THIS POINT IT'S 20 PERCENT OF THE LOT SIZE.

SO WE'RE HAPPY TO COMPLY WITH THAT CITY REGULATION.

THANK YOU. SORRY ABOUT THAT.

OK. ANY OTHER QUESTIONS, COMMENTS FOR THE APPLICANT FOR NOW? OK, WELL...

THANK YOU, I'LL STAND BY, IF YOU HAVE ANY QUESTIONS.

THANK YOU FOR YOUR TIME. OK, APPRECIATE IT.

OK, SORRY.

NOW WE'LL GO AHEAD AND OPEN UP THE PUBLIC HEARING THIS EVENING FOR ITEM NUMBER SIX ON OUR AGENDA. AND AGAIN, JUST MAYBE TO TO REFRESH ON WHAT I SAID EARLIER, WE'LL KEEP THE PUBLIC HEARING OPEN. YOU KNOW, MAKE SURE I THINK WE MAY HAVE ONE OR TWO PEOPLE OUT IN THE OVERFLOW ROOM, BUT WE'LL KEEP IT OPEN, YOU KNOW, WE'LL MAKE SURE EVERYBODY CAN GET THEIR CHANCE TO SPEAK. YOU KNOW, WE DO ASK AS A COURTESY TO OTHERS AND THE OTHER ITEMS ON THE AGENDA THAT YOU DO. PLEASE KEEP IT TO THREE MINUTES OR LESS.

MS. SELINA AND THIS MS. LYDIA OVER THERE HAVE THE THREE MINUTE LIGHT AND YOU CAN LOOK OVER THERE AND YOU'LL SEE IT'LL BE GREEN. AND THEN I THINK AFTER TWO MINUTES, IT TURNS TO YELLOW, UP THERE SORRY, OK, UP THERE ON THE PODIUM, WE'LL BE SPEAKING AT THE MICROPHONE, BUT YOU CAN LOOK AT THE PODIUM AND THEN AFTER IT HITS THREE MINUTES, IT'LL JUST START TO FLASH RED.

[00:55:04]

SO THAT'S WHEN YOU'LL KNOW IF YOU WOULDN'T MIND WRAPPING IT UP.

SO WE'LL DO THAT.

I HAVE COMMENT CARDS.

I'M GOING TO DO MY BEST READ HANDWRITING AND INTENTIONS ON.

SO FIRST, LET ME GO AHEAD AND READ OUT PEOPLE WHO DO NOT WISH TO SPEAK, BUT WANTED TO FILE THEIR COMMENTS ON THE RECORD.

AND THEN WE'LL GET TO THE PEOPLE WHO WANT TO SPEAK.

AND I KNOW WE HAD KIND OF A LITTLE BIT OF A TWEAK TO THAT, AS I MENTIONED BEFORE.

FIRST CARD I HAVE HERE IS FROM AND I APOLOGIZE IN ADVANCE BECAUSE I WILL MISPRONOUNCE THE NAMES HERE. ELENA SOTO AT 1065 HARBOR HAVEN DOES NOT WISH TO SPEAK, BUT IS IN OPPOSITION.

ALSO HAVE HAN [INAUDIBLE], I BELIEVE FROM TWENTY EIGHT NINETY FIVE BURNEY LANE DOES NOT WISH TO SPEAK AND DOES NOT NOTE IF THAT'S SUPPORT OR OPPOSITION.

BUT YOU CAN ALWAYS COME FORWARD AND MAKE THAT COMMENT IF YOU WANT HERE IN A MINUTE.

SORRY, I THINK IT'S T.

MCINTYRE I BELIEVE AT THIRTY FIVE THIRTY BURNEY LANE DOES NOT WISH TO SPEAK BUT IS IN OPPOSITION. LOOKS LIKE [INAUDIBLE] EASTWOOD APOLOGIES I CAN'T READ THAT DOES NOT WISH TO SPEAK IS IN OPPOSITION AND RESIDES AT THIRTY FIVE THIRTY, I APOLOGIZE.

I CAN NOT READ THAT STREET NAME, BUT I'M GOING TO ASSUME PROXIMATE TO THE NEIGHBORHOOD.

I'LL LEAVE THAT ONE FOR STAFF.

XAVIER SOTO, 1065 HARBOR HAVEN DOES NOT WISH TO SPEAK, BUT IS IN OPPOSITION.

BARBARA YANG, 1065 HARBOR HAVEN DOES NOT WISH TO SPEAK, BUT IS IN OPPOSITION.

MOLLY AND SEAN BROWN AT 2980 BURNEY LANE DOES NOT WISH TO SPEAK, DID NOT WRITE SUPPORT OR OPPOSITION. AGAIN, YOU CAN COME FORWARD IF YOU WANT REAL QUICK LATER TO TO DO THAT OR, YOU KNOW, LET STAFF KNOW.

STEVE CURTIS AT 3580 BURNEY LANE DOES NOT WISH TO SPEAK, BUT IS IN OPPOSITION.

AND THEN LASTLY, LEON MCINTRYE 3530, BURNEY LANE, MAYBE THIS IS THE ONE I WAS TRYING TO READ EARLIER, DOES NOT WISH TO SPEAK, BUT IS IN OPPOSITION.

AND AGAIN, IF I MESSED ONE OF THOSE UP OR SOMETHING CHANGED, YOU CAN STILL COME UP HERE IN A MINUTE AND HAVE PUBLIC COMMENT.

NOW, WHAT I'M GOING TO DO IS I THINK THERE WAS A LITTLE BIT OF COORDINATION HERE IN TERMS OF TRYING TO BE EFFICIENT AND LET I THINK A COUPLE SPEAKERS, INSTEAD OF GOING THREE MINUTES, GO SIX MINUTES AND HAVE ANOTHER INDIVIDUAL COME UP WITH THEM AND YIELD THEIR TIME. I'D LIKE TO GET BOTH NAMES JUST ON THE THE RECORD.

THAT'S KIND OF WHAT WE DO.

MISS SELINA WILL GET ON ME IF I DON'T GET THAT RIGHT.

AND I THINK THE ORDERING HERE THAT I WAS CALLING UP FIRST WAS ROD Z..

IS THAT RIGHT? AM I GETTING THAT RIGHT, SIR? YEAH. IF YOU WOULDN'T MIND COMING TO MICROPHONE, STATE YOUR NAME AND ADDRESS FOR THE RECORD. AND IT MAY BE WHOEVER I THINK IS IT LISA B.

IS ALSO OK, THANK YOU.

AND SHE'S AT 2900 HARBOR REFUGE AND IS YIELDING HER THREE MINUTES.

SO, SIR, WHAT WE'LL DO IS WE'LL GIVE YOU THE SIX MINUTES AND MS. SELINA WILL KIND OF START AT ONCE.

IT'LL GO OFF RED, SHE'LL START IT AGAIN.

SO KIND OF A SECOND TIME YOU SEE IT BLOWING UP.

THAT'S WHEN WE'RE REACHING IN THE SIX MINUTES.

SO THANK YOU. I APPRECIATE YOU COMING OUT.

AND HOPEFULLY, ARE WE IN GOOD SHAPE? GOOD TO GO.

THANK YOU. THANK YOU.

MY NAME IS ROBERT Z.

I LIVE AT 1090 BURNEY LANE IN HARBOR OAKS [INAUDIBLE].

AS A PREFACE, I'D JUST LIKE TO ALSO ADD THAT I'M A REGISTERED PROFESSIONAL ENGINEER.

I'VE BEEN PRACTICING FOR FORTY YEARS AND I HAVE THIRTY YEARS OF DEVELOPMENT EXPERIENCE.

AND SIR, JUST TO MAKE SURE WE GET IT ALL ON THE RECORD, 'YOU MIND GETTING A LITTLE BIT CLOSER TO THE MICROPHONE.

SURE. PERFECT. IS THAT GOOD? EVERYBODY CAN HEAR? THANK YOU, SIR. I'M GOING TO RESIST THE URGE TO DEBATE SOME OF THE POINTS I'VE ALREADY HEARD AND JUST KIND OF GO THROUGH MY PRESENTATION, GET IT ON THE RECORD AND MAKE A FEW TECHNICAL POINTS. BURNEY LANE PROVIDES THE ONLY SINGLE POINT OF ACCESS TO THE HARBOR OAKS SUBDIVISION AND SOME SMALLER SUBDIVISIONS ADJACENT TO HARBOR OAKS WILL CALL THE HARBOR OAKS NEIGHBORHOOD. THIS AREA IS LOCATED AT THE END OF CARROLL ROAD ON THE VERY NORTH SIDE OF SOUTHLAKE. AND IT'S BORDERED ON THREE SIDES BY LAKE GRAPEVINE, CORPS OF ENGINEERS PROPERTY AND IS ADJACENT TO THE QUAIL CREEK SUBDIVISION TO THE SOUTH.

HARBOR OAKS WAS DEVELOPED SOME FORTY YEARS AGO, AND TODAY IS AN EXEMPLARY ENVIRONMENTALLY

[01:00:01]

FRIENDLY ESTATE DEVELOPMENT OF NEAR HISTORIC AGE, WHERE DEER AND A VARIETY OF OTHER FAWN ARE REGULARLY SEEN ALONG THE STREETS AND ADJACENT LOTS.

IT TYPIFIES THE EARLIER DEVELOPMENTS IN SALT LAKE, NORTH OF STATE HIGHWAY 114 WHEN RURAL ESTATE AND EQUESTRIAN STYLE LIVING WERE THE NORM, AND IT'S VERY DIFFERENT FROM MORE RECENT AND CONVENTIONAL SOUTHLAKE DEVELOPMENT, WHERE SANITARY SEWER SERVICE BECAME AVAILABLE. SUCH AS MANY AREAS SOUTH OF STATE HIGHWAY 114, THE HARBOR OAKS NEIGHBORHOOD CONSISTS OF APPROXIMATELY 160 ACRES AND SOME 70-80 LOTS, NOT ALL OF WHICH HAVE HOMES ON THEM YET.

SOME OF THE THINGS THAT MAKE THIS AREA SO DESIRABLE AND SUCCESSFUL AS A COMMUNITY RELATE TO ITS OPEN, RURAL, EQUESTRIAN FRIENDLY ATMOSPHERE.

THIS IS ACCOMPLISHED IN PART BY A WIDE RURAL STATE ROADWAY SECTIONS WITH MINIMUM 60 FOOT RIGHT OF WAY, GRASS, TREE LINED PARKWAYS, NON CURB AND GUTTER PAVEMENT, NO SIDEWALKS AND NO STREETLIGHTS.

THIS NOT ONLY ENHANCES THE OPEN ATMOSPHERE, BUT ALSO ENCOURAGES THE USE BY A VARIETY OF FLORA AND FAUNA, AS WELL AS EQUESTRIAN AND OTHER RESIDENTIAL USES.

AS SIMPLE AS JUST WALKING THE DOG.

THIS IS ENHANCED BY CLOSE PROXIMITY, THE ABUNDANCE OF [INAUDIBLE] NEARBY, AND ADJACENT, ALSO LOT SIZE AND LOT DIMENSION'S.

HARBOR OAKS LOTS AVERAGE, TWO AND A HALF ACRES, NOT INCLUDING ADJACENT RIGHT OF WAY CALCULATIONS BUT ALSO THE ABUNDANCE OF PROTECTED A NEW [INAUDIBLE] TREES AND DEDICATED STREET RIGHT OF WAY AND PLANTED LOTS.

HARBOR OAKS IS AGING BEAUTIFULLY AND IS A VERY SUCCESSFUL COMMUNITY, DEMONSTRATED NOT ONLY BY THE LARGE NUMBER OF RESIDENTS THAT I'VE LIVED HERE OVER 25 YEARS, BUT ALSO BY THE DESIRABILITY BY YOUNGER PEOPLE AND FAMILIES TO RELOCATE FROM MORE CONVENTIONAL DEVELOPMENTS AND AS PROPERTIES BECOME AVAILABLE, OUR REASONS FOR OPPOSITION.

FIRST ON THE LIST IS LACK OF NEIGHBORHOOD COMPATIBILITY.

I'D LIKE TO INTERJECT HERE THAT THIS IS THE FIFTH MEETING THAT I'VE BEEN TO WHERE THE DEVELOPERS PRESENTED AND REACTED TO COMMENTS.

AND THERE SEEMS TO BE A CONSISTENT UNDERSTANDING ON HIS PART WHEN WE DISCUSS COMPATIBILITY THAT HE SAYS HE IS BEING COMPATIBLE AND HE FREQUENTLY CITES THAT HE'S COMPATIBLE WITH THE LAND USE PLAN.

WELL, I'D OFFER THAT HE'S COMPLIANT WITH THE LAND USE PLAN.

COMPATIBILITY GOES TO THE NEIGHBORHOOD.

SO NEIGHBORHOOD COMPATIBILITY ADJACENT HARBOR OAKS LOTS, WHICH IN MY OPINION IS THE MOST SINGLE IMPORTANT COMPATIBILITY ISSUE, ARE THE ADJACENT LOTS.

ALL THESE LOTS ARE TWO ACRES OR LARGER, DESPITE WHAT YOU MAY HAVE HEARD.

I'VE GOT THE PLAT.

I'M A SURVEYOR.

THERE ARE TWO ACRES OR LARGER.

AND THAT DOESN'T INCLUDE THE ADJACENT RIGHT OF WAY BECAUSE IT'S A DEDICATED PUBLIC RIGHT OF WAY, THE PROPOSED ADJACENT LOTS ARE MUCH SMALLER AND CAN INCLUDE THE ADJACENT ROAD AREA. LET ME MENTION THIS TOO, SOME OF THIS I'VE WRITTEN.

I'VE BEEN THROUGH THIS FIVE TIMES NOW AND HE CHANGES HAVE CHANGED SOME THINGS.

SO IF I MAKE SOME MINOR CONFLICTS HERE, PLEASE UNDERSTAND.

TO BE COMPATIBLE, THE PROPOSED ADJACENT LOT SHOULD BE AT LEAST AS LARGE AS THE ADJACENT HARBOR OAKS LOTS.

LOT WIDTH SIMILARLY HELPS TO SPREAD HOUSES OUT.

THERE'S NO LOTS LESS THAN 190 FEET WIDE IN HARBOR OAKS.

HE'S GOT SOME THAT ARE 130 FEET WIDE.

OUR AVERAGE LOT SIZE TWO AND A HALF ACRES HIS IN CONSIDERABLY LESS THAN THAT.

A 40 FOOT PRIVATE ROAD.

THE PROPOSED ROAD IS FOR A 40 FOOT WIDE PRIVATE ROAD EASEMENT, CURB AND GUTTER PAVEMENT, STREETLIGHTS, SIDEWALKS, MAYBE [INAUDIBLE] IT OUT ENTRY MONUMENT AND THE POTENTIAL FOR FUTURE PRIVATE ROAD GATED ACCESS, ALL OF WHICH DO NOT CURRENTLY EXIST IN HARBOR OAKS AND.

AND ARE NOT DESIRED BY HORRIBLE RESIDENTS AND ARE CONTRARY TO THE CHARACTER OF THE NEIGHBORHOOD, ALSO BY PUTTING THE ROADWAY IN AN EASEMENT, IT EFFECTIVELY LET YOU ADD THAT AREA TO THE LOT ACREAGE.

YOU CAN CALCULATE IT OUT, BUT IT STILL COUNTS AS PART OF THE LOT, MAKING LOTS APPEAR LARGER ON [INAUDIBLE] THAN AN EQUIVALENT RIGHT OF WAY LOT.

ACCESS THROUGH THE PROPOSED ROADWAY WILL GENERATE OVER 80 VEHICLE TRIPS A DAY ONCE NORMAL, ONCE CONSTRUCTION TRAFFIC DIES DOWN TO NORMAL LEVEL.

[01:05:03]

IT'S PROPOSED TO GO THROUGH A PLATTED LOT IN OUR PLATTED SUBDIVISION OF HARBOR OAKS.

THIS IS JUST WRONG. IF IT'S NOT ILLEGAL, IT'S WRONG.

NO ONE WOULD WANT THIS TO HAPPEN TO THEM ON OUR NEIGHBOR'S LOT TO HAVE A ROAD PUT THROUGH, ESPECIALLY AFTER 40 YEARS OF SUCCESSFUL, DESIRABLE EXISTENCE AND STREET LIGHTS MONUMENT SIGN ON A POTENTIAL FOR A FUTURE GATE THAT'S ALL JUST WRONG FOR THE AREA--.

AND SIR, WE JUST HIT THE SIX MINUTE WINDOW, SO DO YOU MIND WRAPPING IT UP.

2885 BURNEY LANE.

PERFECT. OK, GO AHEAD.

ALL RIGHT, I'M GOING TO SKIP SOME STUFF THAT I THINK'S IMPORTANT.

FROM AN ENGINEER'S PERSPECTIVE, HERE'S ONE OF MY BIGGEST CONCERNS IS A TOTAL LOT COUNT NEIGHBORHOOD SERVICE.

THIS IS A HEALTH, SAFETY AND WELFARE ISSUE.

HARBOR OAKS IS UNUSUAL IN THAT IT ONLY HAS A SINGLE POINT OF ACCESS FOR TRAVEL AND UTILITY THAT SERVES APPROXIMATELY 70 HOMES.

THIS DOES NOT ALLOW FOR AN ALTERNATIVE EMERGENCY VEHICLE ACCESS ROUTE OR EMERGENCY WATER SERVICE. IF THIS POINT OF ACCESS IS BLOCKED OR THIS WATER LINE IS DISRUPTED.

NORMAL PLANNING PRACTICE IN OUR SUBDIVISION ORDINANCE DOES NOT ALLOW MORE THAN 15 TO 20 HOMES ON A SINGLE ACCESS ROAD.

MINIMIZING THE NUMBER OF HOUSES ON THE SINGLE POINT OF ACCESS IS IMPORTANT TO CONSIDER.

THE PROPOSED PUD WOULD ALLOW THE CONSTRUCTION OF SEVEN NEW HOMES TO SERVE OFF OF THIS SINGLE WATER LINE AND A SINGLE POINT OF ACCESS A 10 PERCENT INCREASE FROM EXISTING BEFORE ANY NEW LOTS ARE APPROVED IN THIS AREA.

THE FOLLOWING NEEDS TO BE COMPLETED AND EVALUATED.

NUMBER ONE, A WATER CAPACITY STUDY TO DETERMINE EMERGENCY CAPACITY AND OUR SINGLE POINT OF DELIVERY SYSTEM TO DELIVER FIRE FLOWS AND OTHER SERVICE TO OUR EXISTING LOTS IN A FULL BUILD OUT SCENARIO.

NOT ALL THE LOTS ARE BUILT OUT AT THIS TIME.

AND ADDITIONALLY, WE ALREADY SEE MANY OF THE ORIGINAL HOMES BEING REBUILT AND A VERY LARGE SPRINKLER HOMES, I.E.

ONE THAT WAS JUST RECENTLY COMPLETED.

THAT'S 25000 SQUARE FEET.

SO FULL BUILD OUT SHOULD RECOGNIZE THIS EVENTUALITY.

IN ADDITION TO THAT, A FULL TIA SHOULD BE DONE TO DETERMINE FUTURE LEVEL OF SERVICE AND A VEHICLE EMERGENCY VEHICLE RESPONSE TIMES FOR THE FULL BUILD OUT SCENARIO I PREVIOUSLY DESCRIBED. IF I GOT A COUPLE OF MINUTES, I'LL THROW A COUPLE OTHER THINGS IN.

SINGLE FAMILY ZONING VERSUS THE PUD, THE FIRST PLAN WE SAW, THE DEVELOPER PROPOSED SINGLE FAMILY WITH DEDICATED 60 FOOT RIGHT OF WAY THAT MORPH QUICKLY INTO ANOTHER PLAN.

WHAT'S HAPPENING HERE IS UNDER SF1, HE'D BE REQUIRED TO DEVELOP UNDER THE SUBDIVISION ORDINANCES, WHICH WOULD REQUIRE THE DEDICATION OF A PUBLIC STREET THAT WOULD REQUIRE THE REPLATTING OF A PLANET LOT IN OUR PLANET SUBDIVISION THAT GIVES A SUBDIVISION RECOURSE.

NOT GOING TO GET INTO THAT.

I'M NOT AN ATTORNEY.

BUT BY AVOIDING REPLATTING THAT LOT AND JUST DEDICATING AN EASEMENT FOR A ROADWAY ACROSS IT, HE AVOIDS THAT ISSUE.

THAT'S WHAT THIS PUD IS ALL ABOUT.

HE BROUGHT UP DEED RESTRICTIONS.

I DIDN'T. BUT HE MENTIONED THERE'S NOTHING IN OUR DEED RESTRICTIONS THAT PROHIBITS THIS ROAD ACROSS THIS LOT.

WELL, THE DEED RESTRICTIONS VERY CLEARLY SAY NO LOT IN A SUBDIVISION CAN BE USED FOR ANYTHING BUT THE USE OF A SINGLE FAMILY RESIDENCE.

THAT DOESN'T MEAN A ROAD GOING THROUGH IT TO SERVE OTHER PROPERTY.

THAT'S NOT A SINGLE FAMILY RESIDENCE.

I SEE I'M OUT OF TIME.

I APOLOGIZE. OK, NO, THANK YOU, SIR.

I APPRECIATE IT. NEXT WILL BE RAY CHANCELLOR, WHO I BELIEVE I THINK IT'S HIS WIFE DAYNA.

IS THAT CORRECT? AND YOU DON'T HAVE TO GET UP NOW.

IT'S FINE. AT 890 HARBOR COURT WILL SPEAK AND WE'LL GIVE YOU HER THREE MINUTES AS WELL.

SO THIS WILL BE ANOTHER TWO SIX MINUTE.

BUT WE'LL TRY TO KEEP IT GOING HERE JUST IN RESPECT THAT WE'VE GOT OTHER ITEMS ON THE AGENDA. THANK YOU.

RAY CHANCELLOR 890 HARBOR COURT.

I'M GOING TO SAY A LITTLE DIFFERENT TACT.

AND SO JUST BEAR WITH ME BECAUSE SOME OF YOU KNOW ME AND WE FOUGHT THIS BATTLE OVER FOR AT LEAST 20 YEARS NOW.

BUT SERVING AS A COMMISSIONER, YOU KNOW THAT YOU'VE HAD PEOPLE, EVERY DEVELOPER THAT COMES IS GOING TO HAVE SOMETHING ABOUT OPEN SPACE OR GREEN SPACE.

[01:10:01]

THEY'RE GOING TO BE FORCED TO TALK TO YOU ABOUT CONSERVATION.

I'M GOING TO ASK YOU TO DIVORCE YOURSELF FROM THAT AND THINK ABOUT ECOSYSTEMS. AND YOU SAY, WHAT IN THE HELL IS AN ECOSYSTEM? AND THAT'S THE BIGGEST ISSUE THAT WE FIGHT WITH THIS PIECE OF PROPERTY.

AND WE FOUGHT IT FOR YEARS.

AND LET ME JUST SIMPLIFY IT A LITTLE BIT.

AND IF YOU'LL LISTEN CAREFULLY, IN THE MOST SIMPLISTIC FORM THAT WE HAVE, AN ECOSYSTEM IS A COMPLEX, IT'S A FRAGILE.

IT'S ABOUT CHEMICAL, BIOLOGICAL, GEOLOGICAL, CHEMICAL SYSTEM THAT HAS EXTREME DIVERSITY.

IT IS EXPANSIVE AND IT HAS THE CAPABILITY OF ALLOWING BIOLOGICAL PROCESSES TO OCCUR THAT WILL ALLOW IT TO SELF BALANCE AND CORRECT ITSELF OVER LONG PERIODS OF TIME.

HOW MANY PIECES OF PROPERTY IN SOUTHLAKE DO YOU HAVE THAT MEET THAT CRITERIA? THERE ARE VERY FEW, IF ANY.

LET ME FIGURE OUT THE TECHNOLOGY, WHICH IS MY BAD PART.

WHEN YOU BEGIN TO LOOK AT THIS, HARBOR OAKS ADDITION, IT SITS RIGHT IN THE ECOSYSTEM TO THE NORTH AND YOU SAID THERE'S A POINTER.

IS THERE A POINT? I THINK HE'LL NEED TO USE THE MOUSE.

GO TO THE RED ARROW THERE.

YEAH, THE HARBOR OAKS ADDITION CERTAINLY HAS THE REAL ATMOSPHERE, BUT WHAT IS LOST IN THIS PROCESS IS WHAT'S TO THE WEST OF THIS PIECE OF PROPERTY.

AND WE DELIBERATELY TOSS IT OUT.

WELL, IT'S CORPS OF ENGINEER PROPERTY.

BUT WHO LEASES THAT PROPERTY? IT'S THE CITY OF SOUTHLAKE.

SO CITY OF SOUTHLAKE, WHETHER YOU WANT TO BE OR NOT, YOU ARE ACTUALLY ONE OF THE NEIGHBORS IN THIS ARGUMENT.

AND THINK ABOUT THAT ONE A LITTLE BIT.

BUT OVER THE LAST 20 YEARS, EVERY STUDY THAT'S BEEN DONE BY THE CITY OF SOUTHLAKE HAS SPOKE ABOUT PRESERVING THE NATURAL HISTORY AND THE NATURAL ENVIRONMENT THAT WE HAVE.

AND YOU BEGIN TO YOU HAVE TO BEGIN TO LOOK AT WHAT THE ROLE IS.

I'M SORRY. I DO A LOT OF PROGRAMS THAT ALWAYS HAVE A POINTER.

SO JUST JUST KIND OF IGNORE MY HAND OUT HERE.

BUT YOU'VE GOT TO ONE SIDE.

YOU'VE GOT ALL OF THESE CONCERNS OF THE CITIZENS.

BUT TO THE RIGHT, YOU'VE GOT SOUTHLAKE AND YOUR STEWARDSHIP AND RESPONSIBILITY AS TO HOW YOU WANT TO HANDLE THAT ECOSYSTEM.

AND MOST OF THE SLIDES THAT I TAKE, THESE ARE NOT MINE.

THESE ARE ONES THAT COME DIRECTLY FROM THE COMPREHENSIVE OPEN SPACE PLAN.

BUT WE'VE TALKED ABOUT DRAINAGE, BUT THESE ARE SOME AREAS WHERE THAT ARE DIRECTLY AFFECTED BY WHAT HAPPENS ON THIS PIECE OF PROPERTY.

IF WE LOOK AT AND WHERE THE LITTLE BLUE ARROW IS, IT KIND OF POINTS TO THAT PEAK OR GULLY, IF YOU WANT TO CALL IT, WHERE THE DRAINAGE IS GOING TO BE DIRECTED.

BUT IF YOU NOTICE THE VEGETATION IN THIS ECOSYSTEM AT THIS POINT, ANY DEVELOPMENT IS GOING TO HAVE A HIGH IMPACT.

IF WE LOOK AT THE HYDROLOGY, THE WATER FLOW, THE SAME THING AND LOOK AT THAT PARTICULAR POINT. AND IF YOU GO BACK TO THE MAP OF THE LOTS, THERE ARE AT LEAST FOUR AND POSSIBLY FIVE OF THOSE LOTS THAT ALL IMPACT THAT ONE LITTLE GULLY AREA.

AND SO IT'S GOING TO HAVE A SIGNIFICANT IMPACT ON THE ECOSYSTEM AS IT SITS RIGHT THERE.

IF YOU LOOK AT THE SLOPES, IF YOU LOOK ALONG THAT WESTERN SIDE OF THIS PIECE OF PROPERTY, THERE'S A MODERATE. BUT ALONG IN THAT GULLY SYSTEM WHERE ALL THAT WATER IS BEING DUMPED, IT'S GOING TO HAVE A HIGH IMPACT ON THE ECOSYSTEM.

AND I'M GLAD THAT THE CITY AT LEAST TOOK A LOOK AT THE SOILS.

THAT'S THE FOUNDATION OF THIS WHOLE ECOSYSTEM THAT WE HAVE.

AND IF YOU LOOK AT THE PIECE OF PROPERTY, IT'S GOING TO BE HIGH IMPACT ALONG THE SIDE OF IT, AS WELL AS ALONG THAT MAIN GULLY.

AND IT'S INTERESTING BECAUSE MOST OF YOU HAVE PROBABLY NEVER WALKED THIS PIECE OF PROPERTY, EVEN THOUGH THERE'S A TRAIL THERE.

BUT IF YOU START AT THE VERY BOTTOM OF THE SOIL GRAPH, YOU HAVE SANDY LOAM.

IT TRANSITIONS ALONG THE SIDE OF THIS PROPERTY INTO 90 MILLION YEAR OLD PURE BEACH SAND.

AND IT'S THE OLD COASTAL BOUNDARY WHEN THE OCEAN WAS HERE.

AND THAT TRANSITIONS INTO THE IRON LADEN SANDSTONE AT THE POINT.

BUT YOU HAVE A LOT OF SOIL TRANSITION IN THERE.

AND WHETHER WE LIKE IT OR NOT, IF YOU GO BACK TO WHAT WAS PRESENTED, ALL OF THE WATER IS

[01:15:05]

FLOWING DOWN THAT SLOPE AND IT'S GOING TO AFFECT THE SOILS.

AND ACCORDING TO THE CITY'S INTERPRETATION OF IT, THAT'S GOING TO HAVE A HIGH IMPACT ON THE PARTICULAR DEVELOPMENT IF IT DEVELOPED.

THE OTHER THING IS WHEN WE LOOK AT AND THIS IS FROM THE STUDY LOOKING AT LONG RANGE PLANNING FOR BOB JONES PARK, WHICH THIS PIECE OF PROPERTY IS ACTUALLY SITTING NEXT TO.

BUT IN TERMS OF THE ECOLOGY, YOU'VE GOT THE SHORELINE UP TO THE NORTH WHERE IT SAYS SAVANNA. THAT'S A POST OAK GRASSLAND ARCHIPELAGO ACROSS--.

SIR, I'M SORRY, THE RED LIGHT'S GOING OFF.

SO I GUESS SOMEBODY ELSE.

OK, THANK YOU. GO AHEAD, SIR.

YOU'VE GOT ANOTHER THREE MINUTES.

OK, I'LL RUSH IT. THE MAIN THING OFF OF THIS, THESE ARE THE BIOTIC ENVIRONMENTS THAT THE CITY HAS IS DEFINED.

THE REPAIRING CORRIDOR, WHETHER YOU REALLY THINK ABOUT IT OR NOT, IS HAS BEEN THERE FOR HUNDREDS OF YEARS.

AND IT'S ONLY SINCE 1952 WHEN THE LAKE ADDED THE ADDITIONAL DIMENSION OF THAT PARTICULAR ECOSYSTEM. BUT IT WAS FELT SO STRONGLY.

THIS IS LITERALLY THE NUCLEAR ENGINE FOR THIS WHOLE ECOSYSTEM IN THE NORTHERN PART OF SOUTHLAKE, BUT IT WAS FELT SO STRONGLY THAT THIS WAS NEEDED TO BE PROTECTED, THAT IF YOU LOOK CAREFULLY, THERE'S A RECOMMENDATION OF A 100 FOOT BUFFER ON EITHER SIDE OF THAT CHANNEL, AND THAT TAKES YOU RIGHT UP INTO THE PIECE OF PROPERTY IF THE SCALE IS CORRECT.

AND I DON'T KNOW THAT FOR SURE.

BUT IF MANY YEARS AGO SOME OF US SAT IN ON A COMMITTEE, THERE WERE 25 OR 30 OF US.

AND WE LOOKED AT THIS WHOLE ECOSYSTEM TO SEE WHAT NEEDED TO BE DONE IN THE FUTURE AND FOR THE SAKE OF TIME.

AND I CAN'T POINT TO IT.

IF YOU LOOK AT THE REPAIR CORRIDOR, ALL OF THOSE LITTLE GREEN DOTS, THOSE WERE DEFINED AS SACRED AREAS TO BE RETAINED AS IS, AND THEY RUN RIGHT ALONG THE WHOLE BOUNDARY LINE OF THIS PIECE OF PROPERTY.

AND I'M USING THE CITY'S WORDS WHILE NOT SHOWING--AND THIS IS TAKING ALL OF THESE AND PULLING THEM INTO ONE OVERLAY.

BUT WHILE NOT SHOWING DEFINITIVE BUILD OR NO BUILD ZONES, THIS OVERLAY SUMMARY DEPICTS AREAS WHERE SPECIAL CONSTRUCTION METHODS MUST BE CONSIDERED THAT CAUSE THE LEAST IMPACT ON NATURAL SYSTEMS. AND IF YOU LOOK AT THE PIECE OF PROPERTY, YOU LOOK UP AT THE LITTLE GULLY UP THERE, LOTS, ONE, TWO AND THREE AND PARTS OF A LOT, SEVEN.

ALL OF THAT'S GOING TO BE DUMPING WATER DOWNHILL INTO THAT GULLY.

IF YOU LOOK AT THE LOTS, ALL OF THEM ON THE WESTERN SIDE, THEIR WATER FLOWS DOWNHILL.

IT'S GOING TO BE GOING DOWN INTO WHERE YOU HAVE HIGH IMPACT VEGETATION AND SOIL.

WITH THAT, I JUST WANT YOU TO TAKE A BROADER LOOK THAN THE PAPER MECHANICS, BECAUSE THIS IS A VERY SPECIAL GEMSTONE FOR ALL OF SOUTHLAKE CITIZENS, NOT JUST THE PEOPLE OF HARBOR OAKS, BUT THE PEOPLE OF HARBOR OAKS, WE'VE NEVER BEEN AGAINST DEVELOPMENT, BUT WE'RE AGAINST CONSTRUCTING ANYTHING THAT'S GOING TO DESTROY THE ECOLOGY OF THAT AREA THAT IS GIVEN SUCH A GREAT LIFE FOR THE PEOPLE THAT ARE LIVING THERE.

THANK YOU FOR INDULGING ME.

I GET CARRIED AWAY.

NO, THANK YOU, SIR.

THANK YOU, SIR. WE APPRECIATE IT.

[APPLAUSE] PLEASE, PLEASE.

I'M SORRY. PLEASE DON'T. NO NOISE OF THE GALLERY, PRO OR CON, THAT'S JUST STANDARD OPERATING PROCEDURE JUST TO KIND OF KEEP DECORUM BECAUSE IT CAN GO THE OTHER WAY TOO.

AND THEN AGAIN, THE THREE MINUTE RULE IS NOT MY RULE TO RULE.

IT'S FOR EVERY MEETING WE HAVE HERE, IT'S JUST TO BE COURTESY FOR OTHER ITEMS ON THE AGENDA OF WHICH THERE ARE PEOPLE HERE FOR ITEMS, EIGHT, NINE.

SO WE'RE JUST TRYING TO BE CONSCIOUS OF THAT.

SO NOW WE'LL GO AHEAD AND CALL JACK FREDERICKS, I BELIEVE, IF I'M READING IT RIGHT.

TWENTY NINE, SIXTY BURNEY LANE.

SO BACK TO KIND OF THE STANDARD THREE MINUTE SPIEL.

PLEASE STATE YOUR NAME AND ADDRESS THE MICROPHONE IF YOU COULD PLEASE, SIR.

AND THE LIGHT'S RIGHT UP HERE ON THE STAND.

SO YOU'RE GOOD. YEAH. COULD YOU LOAD THE PRESENTATION PLEASE.

IT'S A PDF. IS TOO BIG SO I HAD TO PDF IT TO GET HERE.

MY NAME IS JACK FREDERICKS.

MY WIFE ROSE IS WITH US.

TWENTY NINE SIXTY BURNEY LANE.

SO I'M THE LOT NEXT TO THE HOUSEMAN'S THAT'S SIGNIFICANTLY IMPACTED ALONG WITH--.

YOU'RE THE LOT TO THE SOUTH OR THE NORTH.

I WOULD BE THE LOT TO THE SOUTH.

[01:20:01]

TO THE SOUTH.

OK, THANK YOU. SO I THOUGHT WHAT I WOULD DO BECAUSE THREE MINUTES ISN'T ADEQUATE TIME.

WHAT I WANTED TO DO IS SHOW YOU SOME PICTORIALS OF ACTUALLY THE ENVIRONMENT OUT THERE AND YOU HAVE THE HANDOUTS IN CASE YOU NEEDED THAT.

SO THIS IS JUST WHERE THE PROPOSED ROAD WOULD FIT IN.

AND IF WE GO TO THE NEXT SLIDE, THE REASON THAT I'M OPPOSED TO THIS HAS ALREADY BEEN INCLUDED. BUT ONE OF THE THINGS, OBVIOUSLY, IS IT HAS SIGNIFICANT IMPACT TO OUR PROPERTY AND TO OUR PROPERTY VALUE.

IF YOU LOOK ON THE PLOT, THERE'S A THROUGH F, AND WHAT I'VE TRIED TO DO IS DESIGNATE PICTURES AGAINST THOSE DESIGNATIONS.

SO YOU GET A SENSE OF HOW THAT LOOKS AS YOU WALK DOWN THE PROPERTY.

MR BOYD MENTIONED THAT HE'S GOING TO SAVE, YOU KNOW, FIFTY PERCENT PLUS OF THE TREES.

THE FACT OF THE MATTER IS THIS IS POST OAK AREA.

AND AS I UNDERSTAND IT, HE DOESN'T HAVE TO REPLACE THE TREES WHERE THE ROAD GOES.

SO NOT ONLY HE MAY BE SAVING A LOT OF TREES, BUT HE'S SIGNIFICANTLY IMPACTING THE TREES THAT BORDER MY PROPERTY.

AND BASED ON MY CONSTRUCTION OVER THE YEARS OF THAT PROPERTY, IT'S GOING TO SIGNIFICANTLY IMPACT POST OAKS, SO WE'RE GOING TO LOSE A LOT MORE THAN JUST HAPPENS IN THE FIRST SIX MONTHS. SO A YEAR, SO THAT'S MY CONCERN AND I'VE LISTED THE TREE COUNT ALONG THAT AREA, JUST TO GIVE YOU A SENSE OF THE SPECIFIC IMPACT.

THE OTHER THING I'D SAY AND THE POINT THAT I WANT TO MAKE IS WE TALK ABOUT VALUE.

THERE MIGHT BE AN INCREASE IN VALUE IN FINANCIAL TERMS OR NOT.

BUT WE'RE A COMMUNITY.

WE LIVE HERE. THIS ISN'T A BUSINESS TRANSACTION FOR US.

THIS IS WHERE WE LIVE.

WE RAISE OUR KIDS.

SO VALUE ISN'T JUST MONEY, IT'S NOT DOLLARS AND CENTS.

THERE'S MORE VALUE TO THIS NEIGHBORHOOD THAN HOW MUCH OUR PROPERTY GOES UP OR GOES DOWN.

I WANTED TO SHOW YOU THIS SLIDE JUST TO GIVE YOU A SENSE.

SO THE ENTRANCE WOULD BE 60 FOOT FROM OUR DRIVEWAY.

AND THIS IS THE PROPERTY LINE, THE CORNER WHERE WE HAVE A LITTLE GARDEN.

AND SO THIS IS VERY CLOSE TO OUR DRIVEWAY.

AGAIN, NO ISSUE.

NOBODY CAN AVOID THIS.

BUT WE'RE GOING TO HAVE ISSUES WITH CARS COMING IN AND OUT OF OUR DRIVEWAY LOOKING FOR THE PROPERTY ONCE IT'S THERE.

AMAZON, FEDEX, NAME IT.

AND SO, OBVIOUSLY, HAVING THIS CLOSE PROXIMITY DOESN'T MAKE A LOT OF SENSE FROM OUR STANDPOINT. MOVE TO THE NEXT SLIDE.

THIS IS THE BEST THE PHOTOGRAPHER COULD DO AND OUR ANGLE COULD BE A LITTLE BIT OFF.

BUT IF WE STAND LOOKING TOWARDS MS. VAN ZANDT'S HOUSE, THIS IS WHAT IT LOOKS LIKE WHEN YOU'RE STANDING THERE.

AND YOU CAN ALSO SEE THE DROP THERE FROM BURNEY, YOU CAN SEE THE SLOPE.

AND I'VE SPOKEN TO AN ENGINEER AND HE'S GOING TO HAVE TO FILL THAT AND-- THE LIGHTS GOING OFF AGAIN.

DO YOU MIND GIVING YOUR NAME.

ROSE FREDERICKS.

SAME ADDRESS, OK.

THANK YOU. SO WE'RE GOING TO HAVE MORE FILL.

THERE'S GOING TO BE SCRAPING FILL ON THESE ROADS.

AGAIN, LOTS OF TREE PRESERVATION.

THAT'S GREAT. BUT IT'S GOING TO SIGNIFICANTLY IMPACT THE TREES ON MY SIDE OF THE PROPERTY AND IT'S JUST GOING TO OPEN IT UP.

AND SO THE ANSWER IS WE'LL PUT SCREENING UP.

AND I APPRECIATE THAT.

WE'LL PUT A WROUGHT IRON FENCE AND WE'LL PUT SCREENING UP.

AND, YOU KNOW, YOU WON'T GET YOUR OLD TREES, BUT YOU'LL GET CEDARS INSTEAD.

IF WE GO TO THE NEXT SLIDE.

JUST MORE PICTURES FOR YOUR REFERENCE.

YOU CAN LOOK, WE'LL MOVE TO THE NEXT ONE.

SO THIS IS THE CORNER.

AND SO WE'RE GOING TO HAVE SIGNIFICANT LOSS AND ISSUES AS THAT ROAD CUTS AROUND THE CORNER. AND SO I WANTED TO MAKE SURE TO GIVE YOU THAT VIEW.

THEY'RE 60 FOOT FROM THE CORNER OF THE BACK OF MY LOT TO THE CORPS OF ENGINEERING SPIKE.

AND SO HE'S GOT TO SQUEEZE THAT ROAD IN AT 60 FEET AND HE'S TRYING TO COME RIGHT DOWN THE PROPERTY LINE AND THEN TURN THAT TIGHT CORNER.

NEXT SLIDE. SO TODAY I HEARD IT'S TWO CULVERTS.

TWENTY FOUR INCHES LAST TIME WE WALK THE PROPERTY.

HE DIDN'T KNOW. BUT I WANTED TO GIVE YOU A VISUAL.

THERE'S A TEN FOOT DROP FROM THAT CORNER I MENTIONED FROM THE CORPS OF ENGINEERING TO WHERE THE BASIN OR THE GULLY IS.

SO THIS IS GOING TO BE MY VIEW.

NO TREES, CARS DRIVING ACROSS THE CULVERTS, ACCORDING TO MR. BOYD, NOW WILL BE SHORTER.

THOSE ARE REPRESENTED AT EIGHT FEET.

BUT THAT'S GOING TO BE OUR VIEW.

WE HAVE CARS BEHIND US AND UP THE SIDE NOW.

AND BASED ON THAT, HAVING TO PUT THOSE CULVERTS IN FOR DRAINAGE AND TO GET THAT ROAD

[01:25:02]

ACROSS THAT VERY IMPORTANT ECOSYSTEM THAT WAS JUST MENTIONED.

NEXT SLIDE, I WANTED TO END WITH THIS.

WE'VE TALKED ABOUT THE OTHER LOTS AND MOVING THE ROAD TO THE NORTH.

AND THIS IS NOT ABOUT, YOU KNOW, MOVING MY PROBLEM TO THE BROWNS.

AND I WOULDN'T SUPPORT HURTING THEIR PROPERTY VALUES EITHER.

BUT THEY'RE GOING TO BE SURROUNDED BY THREE.

SO AM I. I HAVE BURNEY, THE ONE RIGHT NEXT TO ME WITH ALL THE TREES GONE AND THEN CROSSING THAT CORNER, THAT BLACK DOTTED LINE IS WHERE THE LOT COMES IN.

SO BASICALLY, I'M GOING TO LOSE ALL THE TREE COVER AND I'M NOW SURROUNDED BY THREE ROADS, JUST LIKE THE LOT IN THE NORTH.

IT JUST SIMPLY DOESN'T MAKE SENSE.

IT DOESN'T MAKE SENSE WHAT'S BEING PROPOSED, THE WAY THIS ROAD IS BEING PROPOSED AND THE IMPACT THAT IT WILL HAVE ON MY FAMILY AND THE NEIGHBORHOOD.

AND, OF COURSE, MS. VAN ZANDT AS WELL. I APPRECIATE YOUR TIME.

OK, THANK YOU, SIR.

AND NOW THAT WE'VE GOT MARY VAN ZANDT HERE, TWENTY NINE SIXTY FIVE, BURNEY LANE, IF YOU WISH TO SPEAK. SHE NODDED.

OK, WELL, THAT'S. THAT'S FINE, MAYBE IF SOMEONE WANTS TO, I'LL JUST PUT HER CARD KIND OF AT THE BACK HERE, MAYBE ANYBODY WANTS TO LET HER KNOW AND I'LL CALL THE NEXT ONE.

KATHLEEN CARABINE NINE SIXTY ONE THOUSAND OAKS COURT.

I DON'T KNOW IF MAYBE YOU'RE ACROSS THE WAY, TOO, SO I'LL SHUFFLE THOSE BACK THERE AND IF YOU ARE LISTENING AND YOU ARE IN THE OTHER ROOM, PLEASE FEEL FREE TO TO COME IN HERE FOR THAT.

I'LL GO TO THE NEXT CARD. SEAN BROWN, 2980, BURNEY LANE, IF YOU WISH TO SPEAK.

JUST GO AHEAD, STATE YOUR NAME AND ADDRESS AGAIN FOR THE RECORD, AND WE'LL START THE THREE MINUTE LIGHT. GOOD EVENING, SEAN BROWN, MOLLY BROWN, 2980, BURNEY LANE.

OUR HOUSE IF YOU LOOK AT THIS DIAGRAM RIGHT HERE ABOVE LOT JUST TO THE NORTH OF THE LOT, ONE, THAT'S OUR HOUSE.

THE LITTLE I GUESS IT'S A LITTLE WHITE SQUARE THERE.

TWENTY SEVEN YEARS WE'VE LIVED THERE.

MOLLY BROWN'S LATE FATHER WAS A FRANK LLOYD WRIGHT APPRENTICE.

HE DESIGNED THIS HOUSE AND IN MR. WRIGHT'S TRADITION, HE BROUGHT THE OUTSIDE IN.

WE LIVE IN A HOUSE IN THE WOODS THAT IS PRETTY PRIVATE AND VERY INTERESTING.

AND HE ALSO DESIGNED THE HOUSE TO THE SOUTH OF THIS DEVELOPMENT.

I CALL IT THE FLORA HOUSE.

HE WAS RESPECTFUL OF THE ENVIRONMENT AND ONE OF THE THINGS I WANTED TO POINT OUT HERE, I'M NOT GOING TO BELABOR THE GREAT POINTS THAT HAVE BEEN MADE SO FAR, BUT WHEN MR. BOYD WAS PUTTING UP HIS DIAGRAM OF THE PROXIMITY OF THE HOUSES IN HARBOR OAKS TO HIS HOUSES, NOTICEABLY ABSENT WAS THE PROXIMITY FROM OUR HOUSE TO LOT ONE.

AND I THINK IF HE WERE TO PUT THAT UP, IT WOULD HAVE BEEN CONSIDERABLY CLOSER THAN THE OTHER FOOTAGE THAT HE PUT UP.

SO THAT'S A REAL ISSUE FOR US, IS THAT PROXIMITY, TREE PRESERVATION IS PARAMOUNT.

AND JUST A VIEW THAT THIS IS THIS WHOLE DEVELOPMENT, AS THE LAST TWO OR THREE EFFORTS HAVE BEEN, ARE JUST PATENTLY INCOMPATIBLE WITH THIS WHOLE NEIGHBORHOOD.

AND JUST ONE LAST COMMENT.

I'VE BEEN I HIKED THIS PROPERTY.

I'VE PROBABLY DONE A THOUSAND MILES BACK THERE.

AND I WOULD JUST URGE THIS COMMISSION TO TAKE IN THE SAGE COMMENTS AND ADVICE OF MR. CHANCELLOR. HIS UNDERSTANDING OF THIS AREA IS BEYOND REPROACH.

OK, THANK YOU, SIR.

DO WE HAVE MARY VAN ZANDT? OK, AND DO WE HAVE KATHLEEN CARABINE NOW, WE DO.

WE DON'T DON'T.

I WAS GOING TO SAY YOU MIGHT BE ON DECK.

THEN, KATHY CURTIS WILL BE ON DECK.

DO WE HAVE KATHY CURTIS? OK, GOOD. OK, YOU'RE ON DECK.

GO AHEAD, MA'AM. ALL RIGHT. NAME AND ADDRESS IF YOU DON'T.

MARY VAN ZANDT. TWENTY NINE SIXTY FIVE BURNEY LANE.

[01:30:02]

TWENTY SEVEN YEARS AGO, I PURCHASED MY HOUSE SPECIFICALLY BECAUSE FURTHER DEVELOPMENT IN THIS NEIGHBORHOOD SEEMED IMPOSSIBLE.

IT WAS AN ESTABLISHED PLATTED COMMUNITY.

THE DEEDS AND RESTRICTIONS THAT WE ALL SIGNED AND AGREED TO WHEN WE PURCHASED OUR HOME STATE UNEQUIVOCALLY THAT NO LAW SHOULD BE SUBDIVIDED OR USED FOR ANY PURPOSE OTHER THAN A SINGLE FAMILY RESIDENCE.

I KNOW THE ARGUMENT HERE IS THAT THEY ARE SIMPLY GRANTING AN EASEMENT AND IT ISN'T TECHNICALLY A SUBDIVISION.

I STRONGLY DISAGREE.

THE PROPOSED ROAD IS DIVIDING THE PROPERTY, TAKING IT FROM A SINGLE FAMILY DWELLING TO A SINGLE FAMILY DWELLING WITH A PRIVATE ROAD WHOSE PURPOSE HAS NOTHING TO DO WITH THE ESTABLISHED LOT.

THE PRIVATE ROAD WOULD NO LONGER BE PART OF THE PROPERTY.

THAT PORTION OF THE PROPERTY WILL HAVE BEEN SUBDIVIDED FROM THE ORIGINAL LOT, THUS VIOLATING TWO MAJOR CLAUSES OF HARBOR OAKS DEEDS AND RESTRICTIONS.

I UNDERSTAND IT ISN'T THE CITY'S RESPONSIBILITY TO ENFORCE OUR DEEDS AND RESTRICTIONS, BUT IT IS CERTAINLY ISN'T IN YOUR AUTHORITY TO VIOLATE OUR DEEDS OF RESTRICTIONS BY ALLOWING THIS LOT TO BE TAKEN OUT OF HARBOR OAKS AND SUBDIVIDED.

WHAT THE CITY IS RESPONSIBLE FOR IS LAND LOCKING MS. MILES. WHEN HUGHES HOME PLACE WAS DEVELOPED, THEY HAD AT THAT TIME THE ONLY OPPORTUNITY TO GIVE MS. MILES ACCESS.

WHAT WERE THEY THINKING AND WHAT WERE THE CIRCUMSTANCES THAT LED TO SUCH A DECISION? HOW AND WHY THE CITY OF SOUTHLAKE ALLOWED THIS PROPERTY TO BE LANDLOCK NEEDS TO BE INVESTIGATED. WE, THE RESIDENTS OF HARBOR OAKS DID NOT LANDLOCK THIS PROPERTY, AND WE AS RESIDENTS SHOULD NOT BE MADE TO SUFFER FOR THE CITY'S MISTAKE.

FOR TWENTY SEVEN YEARS, I'VE PAID A HEFTY TAX BILL TO LIVE HERE.

THE LAST FOUR YEARS IT'S BEEN OVER TWENTY THREE THOUSAND DOLLARS PER YEAR.

I'M RETIRED AND LIVING ON MY RETIREMENT, SO THIS IS NO SMALL EXPENSE.

BUT IT WAS WORTH IT TO ME BECAUSE OF THE NATURE OF HARBOR OAKS.

IF THIS DEVELOPMENT GOES THROUGH, I WILL BE LIVING WITH HEAVY EQUIPMENT AND SEMIS COMING AND GOING AND STAGING IN FRONT OF MY HOME FOR SEVERAL YEARS.

WITH THE PROPOSED ROAD, THERE'S NO WAY THEY'LL BE ABLE TO STAGE EQUIPMENT BACK THERE.

I CAN SPEAK FROM EXPERIENCE BECAUSE TWO VERY LARGE HOMES WERE BUILT OFF THREE THOUSAND BURNEY LANE. I HAD TRUCKS AND EQUIPMENT STAGED IN FRONT OF MY HOME OFF AND ON FOR TWO YEARS. WHAT WILL IT BE LIKE WHEN A ROAD REQUIRING EXTENSIVE GRADING, PAVING AND CONSTRUCTION OF CULVERTS TAKES PLACE? WHAT WILL IT BE LIKE TO BUILD OUT EIGHT MEGA MANSIONS? MY QUALITY OF LIFE AND MY NEIGHBORS WILL BE IMPACTED NEGATIVELY FOR THE NEXT SEVERAL YEARS, IF NOT PERMANENTLY.

THE 2035 PLANS, NUMBER ONE OBJECTIVE, AND I QUOTE, IS ENCOURAGE THE MAINTENANCE AND ENHANCEMENT OF EXISTING NEIGHBORHOODS, FEATURES AND AMENITIES IN ORDER TO PRESERVE PROPERTY VALUES AND A UNIQUE SENSE OF PLACE.

I'M NOT SURE IN WHAT UNIVERSE, A ROAD THAT EMPTIES DIRECTLY INTO THE FRONT OF MY HOME OR BORDERS MY NEIGHBOR'S LOT LINE LINE ENHANCES OUR PROPERTY OR OUR QUALITY OF LIFE.

BUILDING A BERM ON MY PROPERTY TO BLOCK HEADLIGHTS CHANGES MY VIEW AND PLACES AN ADDED BURDEN ON ME TO MAINTAIN THE TREES AND BUSHES THAT WILL BE NEEDED TO ACHIEVE THEIR GOAL.

ARE THEY GOING TO PAY MY WATER BILLS? THIS PROPOSED DEVELOPMENT FLIES IN THE FACE OF THE 2035 PLANS NUMBER ONE OBJECTIVE.

I UNDERSTAND FROM MY OWN RESEARCH AND CITY RECORDS THAT THE CITY SETTLED WITH MS. MILES FOR OVER A MILLION DOLLARS FOR HER PROPERTY THAT WAS LANDLOCKED NEAR BOB JONES.

IS THE CITY FACING ANOTHER LAWSUIT BECAUSE THEY LANDLOCKED THIS PROPERTY AS WELL? THIS IS THE CITY'S MISTAKE.

PLEASE DON'T MAKE ANOTHER ONE BY APPROVING THIS DEVELOPMENT THAT HAS SO MANY GRAVE CONSEQUENCES FOR AN ESTABLISHED, UNIQUE COMMUNITY AND A SACRED ECOSYSTEM.

ALSO, I WANT TO SAY THAT, THAT ROAD, IF YOU LOOK AT YOU'RE WELCOME TO COME TO MY HOUSE.

YOU'RE WELCOME TO LOOK AT IT.

IT GOES DIRECTLY INTO MY HOUSE.

OKAY, NOW THANK YOU VERY MUCH MA'AM. THANK YOU VERY MUCH FOR YOUR TIME.

OK, THANK YOU. KATHY CURTIS, PLEASE.

AND DO WE HAVE A B.

WILSON. OK, YOU'LL BE ON DECK.

AND AGAIN, I'M GOING TO PLEASE IMPLORE YOU TO PLEASE DO YOUR BEST TO HONOR THE THREE MINUTE LIMIT IF YOU COULD.

I'M SORRY.

GOOD EVENING, LADIES AND GENTLEMEN, I'M KATHY CURTIS.

MY HUSBAND, STEVE, WE LIVE 152 FEET FROM THE PROPOSED PROPERTY AND WHERE THE ROAD ENTERS AND EXITS. WE LIVED HERE FOR 38 YEARS, CONTENTLY ALONGSIDE GOOD NEIGHBORS AND GOOD

[01:35:01]

CITIZENS. AND WE EVEN HAVE A CONGENIAL GROUP CALLED LOVE THY NEIGHBOR.

GOOD PEOPLE.

THERE'S ONE GLITCH AND IT'S AN UNSAFE ONE.

METAPHORICALLY SPEAKING, WE HAVE ONLY ONE FRONT DOOR BEING ONE WAY IN AND ONE WAY OUT WHERE CARROLL MEETS BURNEY LANE.

CAPACITY SPEAKING WE ARE NOW UP TO SEVENTY FIVE HOMES AND SIX CUL DE SACS, CREATING A GROSSLY INEFFICIENT TRAVEL ROUTE BEFORE FUNNELING INTO AN ARTERIAL STREET, WHICH IS TWO LANE CARROLL ROAD.

FORTY TWO YEARS AGO, A FIRE STARTED AT THE KNOLL OF BURNEY THAT SWEPT ALL THE WAY TO THE END OF THE CUL DE SAC OF BURNEY LANE WHERE THE MACINTYRE FAMILY LIVES.

THEY WERE EVACUATED IMMEDIATELY, AND UPON FLEEING AND REACHING THE ONLY ESCAPE ROUTE, MR. MACINTYRE RAN OFF BURNEY LANE BECAUSE THE SMOKE WAS SO INTENSE AND SO THICK.

FIRES HAPPEN.

IT CAN BE AS INNOCENT AS A GENDER REVEAL PARTY.

IF YOU LOOKED AT THAT AT THE NEWS OF LATE.

UNDER GOD, FAMILY AND HOMES PRIORITY IN LIFE, AND THESE NEIGHBORS EXPERIENCED THAT ONE WAY IN AND ONE WAY OUT.

HARROWING EVENT.

THEY'RE HERE TONIGHT.

NOW TO COMPOUND THIS SAFETY HAZARD ISSUE, THERE IS A PROPOSED EIGHT ADDED HOUSES WITH TWO TO THREE CARS, EACH WITH MORE ADDED CONGESTION, SUCH AS LAWN PEOPLE, DELIVERY TRUCKS, GARBAGE TRUCKS AND SO ON.

THIS PROPOSED DEVELOPMENT ALSO HAS ONE WAY IN AND ONE WAY OUT, WHICH AUGMENTS AND HINDERS OUR SAFETY CAPACITY ISSUE BY PIGGYBACKING ONTO OUR ONE WAY IN, ONE WAY OUT AT BURNEY LANE. IT WORSENED IT.

I WISH NO ONE TO LIVE BACK THERE AND HAVE A HEART ATTACK WHERE FIVE MINUTES MATTERS OR A CHILD TO BE HIT WITH THE SCHOOL BUS WHILE BACKING UP IN A CUL DE SAC OR A FIRE TRUCK TRYING TO GET TO YOU.

BECAUSE THIS PROPERTY IS LANDLOCKED, AS YOU HAVE HEARD, THAT DOES NOT CONSTITUTE THE DESCENDING OF THESE PROBLEMS UPON THIS WELL-ESTABLISHED NEIGHBORHOOD WHERE 90 PERCENT OF US ARE IN THE AUTUMN OF OUR YEARS.

THIS SITUATION IS ELEMENTARY ONCE YOU CAN HEAR US ALL.

WE HAVE BEEN REDUCED AGAIN FROM 2006 AND TO NOW TO DEFLECT THIS IMPRACTICAL AND FLAWED DESIGN AS IT IS NOT COMPATIBLE TO HARBOR OAKS.

THERE ARE FLOODING ISSUES AND THE DESECRATION OF AN PRESERVED ECOSYSTEM.

IT JUST GOES ON.

THIS SUPPRESSES US ALL, OF COURSE.

AND WE NOW MUST LABOR THROUGH SACRIFICING OUR TIME TO REVEAL THIS COUNTERPRODUCTIVE PROPOSAL. OUR FERVENT HOPE IS THAT YOU WILL BE DELVED INTO THIS WITH DUE DILIGENCE SO THAT OUR TRANQUILITY WILL NOT BE AFFECTED AND ALTERED, WHICH DIMINISHES OUR PEACE NOT JUST THROUGH ALL THAT CONSTRUCTION AND NOISE, BUT FOR AS LONG AS WE LIVE HERE AND TWO WE HOPE THAT YOU'LL BE CONSIDERATE OF OUR NEEDS.

THANK YOU KINDLY.

THANK YOU VERY MUCH, MA'AM.

NOW WE HAVE BEA.

WILSON AND DO WE HAVE A GRAHAM JOHNSON HERE AS WELL THAT WISHES TO SPEAK? DO WE HAVE A ARTURO SOTO HERE WHO WISHES TO SPEAK? DO WE HAVE A BARBARA HILL HERE WHO WISHES TO SPEAK? OK, YOU'RE ON DECK, MA'AM.

WILSON GO AHEAD. NAME AND ADDRESS, PLEASE.

MY NAME IS BEA WILSON 2930 BURNEY LANE.

I WANT TO VISIT THE COMPATIBILITY ISSUE AGAIN.

WHY IS OUR AREA SO DESIRABLE FOR LIVING AND ALL OF Y'ALL LIVE IN SOUTHLAKE? BUT THIS IS A UNIQUE AREA AS YOU'VE HEARD SEVERAL TIMES.

[01:40:05]

MANY HAVE VOICED THEIR DESIRE TO LIVE IN OUR UNUSUAL PART OF SOUTHLAKE.

IT SIMPLY ISN'T LIKE THE SOUTHERN NEIGHBORHOODS.

THE OTHER AREAS OF SOUTHLAKE ARE KNOWN FOR THEIR MEGA MANSIONS IN THAT THEY ARE LARGE, CLOSE TOGETHER WITH SMALL YARDS, ROW AFTER ROW.

THEY'RE BEAUTIFUL AND MANY LIKE IT.

BUT ONCE AGAIN, IT'S JUST A DIFFERENT STYLE OF LIVING.

MANY, LONG, MANY LONG FOR SOMETHING DIFFERENT.

AND BY THE WAY, WE HAVE IT AND IT SHOWS BY THAT NUMBER OF REPRESENTATION HERE.

YOU'VE HEARD FROM ALL OF US A LOT.

EXAMPLE. HERE'S A REAL RECENT EXAMPLE.

I WAS WALKING MY DOG THE OTHER DAY IN THE NEIGHBORHOOD, WHICH I DO DAILY AND JUST OFF OF CARROLL. THEY'RE ACTUALLY THE FOURTH HOUSE FROM EITHER BURNEY AT CARROLL INTERSECTION.

THIS LADY COMES OUT, ONE OF THE RESIDENTS, AND SHE SAYS, OH, I HEAR THERE'S A PROBLEM COMING ON YOU ALL'S DIRECTION.

AND SO I STARTED TELLING HER ABOUT IT AND SHE SAID, YOU KNOW, WHEN WE WE'RE GOING TO RELOCATE TO THIS AREA, WE TRIED HARD TO LOCATE IN HARBOR OAKS, BUT NOTHING WAS FOR SALE.

SHE SAID, I WILL TELL YOU AND I'M QUOTING WORD FOR WORD.

OH, LET'S SEE.

SHE SAID WE WOULD, IF AT ALL POSSIBLE, PICK UP OUR HOUSE AND MOVE IT TO HARBOR OAKS AREA.

NOW THAT SOUNDS TRIVIAL, BUT IT'S NOT.

SHE WAS DEFINITELY SINCERE AND THERE'S REASONS FOR THAT.

THAT FEELING, THAT LOVE AND THAT DRIVE IS WHAT WE HAVE IS TO MAINTAIN OUR COMPATIBILITY TO OUR AREA. HERE'S WHAT YOU'VE HEARD ABOUT THE 2035 PLAN AND ALL Y'ALL ARE PART OF IT.

THE CITY CAME UP WITH IT.

WE DID NOT. BUT I CALLED IT UP AND I SCREEN PRINTED SECTIONS OUT OF IT.

I WANT TO READ THEM TO YOU.

OBJECTIVE 4.2.

I READ IT WORD FOR WORD.

ENSURE THAT PARKLAND AND OPEN SPACES INCLUDE AN INTEGRATED MIX OF DEVELOP AND NATURAL AREAS WITH CONSIDERATION OF PROTECTING THE CITY'S ECOSYSTEM AND WILDLIFE CORRIDORS.

OH, DOES THAT HIT HOME OR WHAT.

OBJECTIVE 7.5.

CONSERVE, RESTORE AND PROMOTE THE PLANT COVER THAT IS NATIVE OR ADAPTIVE TO THE CITY AND REGION WHILE ALSO PROTECTING EXISTING SIGNIFICANT VEGETATION AND MAINTAINING THE EXISTING CHARACTER OF THE CITY? ONE MORE PARAGRAPH THAT CAME OUT OF HERE.

FUTURE DEVELOPMENT SHOULD BE APPROVED IN A MANNER THAT IS SENSITIVE TO POTENTIAL IMPACTS ON ADJACENT RESIDENTIAL AREAS, PARTICULARLY RELATED TO NOISE, TRAFFIC, BUILDING, HEIGHT, LIGHTING AND VIEWS.

SO HOW ELSE COULD THAT BE NOT APPROPRIATE JUST TO HELP OUR CAUSE.

PRESERVE THE RURAL APPEAL IN THE NORTH, PRESERVE, PROTECT OUR FRAGILE ECOLOGICAL SYSTEM THAT WE LIVE ADJACENT TO.

RECENT RESIDENTS AND SOME AS LONG AS FORTY YEARS ARE STILL WITH US FOR THE RURAL APPEAL AND DON'T WANT IT TO DIMINISH.

YOU CAN HELP US.

HAVING HEARD ALL OF THESE INPUTS AND OUTCRIES TO YOU, PLUS CONCRETE ISSUES AND SUPPORTING DOCUMENTS.

WE ASK YOU EACH AND EVERY ONE OF YOU, YOU HAVE THE POWER TO HELP US HERE, TO HELP KEEP SOUTHLAKE'S NORTH.

THE SAME FRAGILE RURAL AREA IT HAS BEEN.

A STEP IN LINE WITH NEIGHBORING CITIES, NAMELY GRAPEVINE TROPHY CLUB COLLEYVILLE, PLUS GAYLORD, WHO ARE ALL CURRENTLY ENGAGED IN A DRIVE TO PRESERVE THE ECOLOGY OF THEIR AREAS . THEY'VE HIRED MR. CHANDLER, TO HELP HIM WITH THAT EFFORT.

YOU KNOW, SOUTHLAKE NEEDS TO STEP UP AND JOIN IN.

SO WE LIVE AND LOVE SOUTHLAKE OR WE WOULDN'T BE HERE.

WE APPRECIATE YOUR SERVICE AND YOUR SINCERITY.

SO I URGE YOU TO BE RECEPTIVE TO WHAT WE'RE TELLING YOU.

HARBOR OAKS AND AREAS SHOULD BE YOUR TREASURE AS WELL AS OURS.

THANK YOU FOR YOUR TIME.

THANK YOU VERY MUCH, MA'AM.

KELLIS IF I'M READING IT RIGHT, EASTWOOD OR DID ALREADY.

[01:45:02]

KELLY OR KELLIS OR ANYONE.

OKAY. BRETT LEADER AT 2920 HARPER REFUGE.

YOU'RE OK. OKAY. AND WE DID NOT HAVE GRAHAM JOHNSON, BUT OK, WE DO.

YES SIR. OKAY WHY DON'T YOU GO UP AND COME UP AND SPEAK PLEASE.

STATE NAME AND ADDRESS FOR THE RECORD AND I'LL GET THE LIGHT GOING.

OK, GRAHAM JOHNSON, 2940 BURNEY MY PROPERTY IS JUST EAST OF PROPOSED LOT SIX.

AS MR. BOYD SHOWED YOU, A MAP OF DISTANCE FROM CURRENT HOUSE TO PROPOSED HOUSE.

I'M GOING TO TRY TO SHOW YOU WHY.

WHAT'S MORE IMPORTANT TO ME IS MY PROPERTY LINE TO PROPOSED HOUSE.

I'D LIKE TO GIVE YOU A QUICK SNAPSHOT OF MY LIFE AND WHY I LIVE HERE.

I MANAGE A WORKING RANCH NORTH OF DECATUR.

WE RAISE NATURAL BEEF AND RODEO CALIBER QUARTER HORSES.

MY WIFE IS A PHYSICIAN AT CHILDREN'S MEDICAL HOSPITAL IN DOWNTOWN DALLAS.

WE WAITED TO START OUR FAMILY UNTIL WE FOUND A HOME THAT WOULD MATCH BOTH OF OUR LIVES.

WE STUMBLED UPON THE RURAL SETTING OF HARBOR OAKS IN 2017.

FROM HERE MY WIFE COULD EASILY COMMUTE TO WORK AND I COULD BRING YOUNG HORSES HOME TO CONTINUE THEIR TRAINING, AS WELL AS EXERCISE THEM ON THE MILES OF NATURAL EQUESTRIAN TRAILS ACCESS TO THE SOUTHERN END OF OUR NEIGHBORHOOD.

MR. BOYD IS SHOWING YOU THAT HE'S OFFERING US ANOTHER ACCESS POINT THAT WE DON'T NEED.

AND IT HAPPENS TO BE IN THE MIDDLE OF A GULLY.

WE BOUGHT OUR HOUSE IN 2017 GOT MARRIED IN 2018 HAD OUR FIRST KID IN 2019.

THE KEY ASPECT OF ME BEING ABLE TO BRING HOME THESE RANCH RAISED HORSES IS THEIR ABILITY TO FEEL SAFE IN A NEW ENVIRONMENT.

AND AT NIGHT, MY HORSES PREFER NOT TO SLEEP IN THEIR STALLS, BUT AGAINST THE BACK SIDE OF MY PROPERTY, WHICH IS A FAR AWAY FROM THE STREET AS THEY CAN GET AND AS CLOSE TO NATURE AS POSSIBLE. IF SEVEN TO EIGHT HOUSES ARE ALLOWED TO BE BUILT BEHIND MY PROPERTY, ADDING POTENTIALLY 30 TO 40 PEOPLE EXCUSE ME, CAR HORNS, MUSIC, BARKING DOGS THAT NOT ONLY CHANGES THE DYNAMICS OF MY PROPERTY, BUT POTENTIALLY MY LIFESTYLE.

THAT'S ALL. THANK YOU. THANK YOU VERY MUCH, SIR.

AND BEFORE I CALL THE NEXT ONE REAL QUICK.

HANS CHERONE, JUST WANT TO MAKE SURE JUST WANT TO MAKE SURE THAT 2895 BURNEY LANE THAT IT WAS READ INTO THE RECORD THAT HE DOES NOT WISH TO SPEAK, BUT HE IS IN OPPOSITION.

SO THAT'S READ INTO THE RECORD.

LAST CALL FOR KATHLEEN CARABINE.

OH, OK. AND DO WE HAVE A EITHER A CARL FRETWELL THAT WISHES TO SPEAK? OK, YOU'LL BE.

NO. CARL CAN'T BE HERE TONIGHT.

HE'S ONE OF THE ONE OF THE THREE PROPERTY OWNERS AND HE ASKED ME TO SPEAK ON HIS BEHALF AND IF I CAN SPEAK ON HIS BEHALF, COULD HIS COUSIN SPEAK ON HIS BEHALF.

SURE HIS COUSIN.

WELL YOU'LL BE ON DECK.

WE'LL FIGURE THAT OUT IN A SECOND.

WE WILL LET MS. CARABINE PLEASE TALK.

SO YOU CAN GO AHEAD, MA'AM. OK.

HI, I'M KATHY CARABINE.

I'M AT 961 THOUSAND OAKS COURT AND I'M JUST UP AROUND THE CORNER FROM THE PROPOSED DEVELOPMENT. AND IT'S NOT GOING TO BE SMOOTH, BUT I'LL JUST DO MY BEST.

UP FRONT I JUST WANT TO THANK YOU FOR TAKING THE TIME TO LISTEN TO YOUR RESIDENTS.

SOUTHLAKE'S 2035 PLAN IS OF SOUND MANAGEMENT WITH COUNTABLE OBJECTIVES FOR OUR CITY'S GROWTH. AND AS ANY COMMUNITY LEARNING FROM THE PAST OF THESE OBJECTIVES HAVE BEEN FINE TUNED OVER DECADES OF INPUT FROM OUR COUNCILS AND OUR RESIDENTS.

AND SIMPLY PUT, THIS PROPOSED CONSERVATION DEVELOPMENT IS CLEARLY INCOMPATIBLE WITH SOUTHLAKE 2035 PLAN.

I MEAN, JUST CONSIDER OBJECTIVE 1.3 TO HAVE APPROPRIATELY SCALED NEIGHBORHOOD DESIGN THAT COMPLEMENTS EXISTING DEVELOPMENTAL PATTERNS, RECOGNIZING THAT QUALITY RESIDENTIAL NEIGHBORHOODS ARE THE CORNERSTONE OF OUR COMMUNITY.

NOW SAGE GROUP OR WOODBRIDGE, THEY'VE IGNORED SOUTHLAKE'S OBJECTIVES AND DESIGNED A DEVELOPMENT FOR THEMSELVES.

NOW I AM NOT A DEVELOPER AND THEY WERE JUST TALKING ABOUT CROSS SECTIONS TODAY, BUT I'M NOT SURE I UNDERSTAND HOW A THIRTEEN FOOT SLOPE HIDES A TWO TO THREE STORY HOME.

I'M NOT, I DON'T GET THAT ONE QUITE WELL.

ALSO, DOES THE DEVELOPER WANT TO HAVE CEMENT AND LIGHT AND WALLS AND [INAUDIBLE] AND FENCES BECAUSE FOR CONCEIVABLE PEDESTRIAN PATHWAYS I DIDN'T KNOW.

I MEAN THEY WERE LIKE, ARE THEY CONCEIVING THAT THE CITY WILL BUDGET MILLIONS JUST IN CASE THEY WANT TO BUILD A PATHWAY THROUGH THE FLOODPLAINS THERE? I WASN'T SURE.

THAT ACTUALLY DOES NOT APPLY TO SOUTHLAKE'S OBJECTIVES.

THREE POINT THREE USE PATHWAYS TO CONNECT SHOPPING SCHOOLS WORK RESIDENTIAL AREAS, WELL, THERE ARE NO SCHOOLS, WORK OR SHOPPING AREAS IN HARBOR OAKS AND THERE'S NO LIGHT POLLUTION AND THERE'S NO NOISE POLLUTION.

HARBOR OAKS IS AN EQUESTRIAN NEIGHBORHOOD THAT'S A SANCTUARY AMIDST A HIGHLY RESIDENTIAL AND RETAIL AREA. NOW, SOUTHLAKE'S WENT THROUGH A LOT OF GROWING PAINS AND WE HAVE A LOT OF KNOWLEDGE AS TO WHAT IS PROFITABLE AND REASONABLE GROWTH.

AND THAT'S WHY THESE OBJECTIVES THAT HAVE BEEN PUT IN PLACE WORK.

[01:50:03]

CONSIDER FOUR POINT ONE THREE.

THE GOAL OF PROTECTING AND PRESERVING THE EXISTING ECOSYSTEM FOR FUTURE GENERATIONS PROMOTES SUSTAINABILITY ISSUES ON WATER CONSERVATION AND OVERALL ENVIRONMENTAL STEWARDSHIP. CONSERVE, RESTORE AND PROMOTE TREE AND PLANT COVER THAT IS NATIVE WHILE ALSO PROTECTING EXISTING SIGNIFICANT VEGETATION AND CHARACTER.

RECOGNIZE THE IMPORTANCE OF AND PROTECT THE BIOLOGICAL DIVERSITY FOR THE ECOLOGICAL AND AESTHETIC BENEFITS TO THE COMMUNITY.

AND THOSE ARE OUR OBJECTIVES FOR SOUTHLAKE.

AND SAYING YES TO THIS PROPOSED CONSERVATION DEVELOPMENT WILL SABOTAGE, ONE OF SOUTHLAKE'S, LAST PIECES OF SACRED LAND.

THEY ARE FILING FOR A ZONING CHANGE AND THEN PLANNING ON EIGHT MEGA MANSIONS IN A SMALL, DELICATE AREA, THESE NEW HOMES AND PROPERTY WILL BE BUILT TO THE OWNERS DESIRE.

THERE'S NO GUARANTEES THAT THEY'RE GOING TO BE STEWARDS OF THIS UNIQUE CORRIDOR, AND THEY WILL NOT NEED TO RESPECT SOUTHLAKE'S NEIGHBORHOOD COMPATIBILITY OBJECTIVES.

BUT SOUTHLAKE IS MATURING AND THINKING LONGER TERM.

LISTEN TO OBJECTIVE TWO POINT ONE.

JUST HOLD WITH ME. A SECOND IS ENCOURAGED.

THE BALANCE OF USES RETAIL OFFICE, MEDICAL, HOSPITALITY, ENTERTAINMENT, INSTITUTIONAL AND RESIDENTIAL AREAS. SOUTHLAKE NOW HAS ALL THE SUCCESS AND EXPERIENCE TO KNOW WHEN ENOUGH IS ENOUGH. THEY KNOW THE BALANCE OF USES.

THEY KNOW THEY DON'T HAVE TO SCRAPE DOWN EVERY INCH OF LAND AND PAVED IT WITH CEMENT OR TO DEVELOP EVERY INCH OF LAND SO THE WILDLIFE HABITAT IS DESTROYED.

SOUTHLAKE'S NOT AFRAID TO SAY NO.

YET THE CONSERVATION DEVELOPMENT IS READY TO SAY YES TO WHATEVER IT TAKES TO MAKE A HEFTY PROFIT. AND I'LL JUST MENTION WHEN CHAIRMAN KUBIAK ASKED ABOUT OPTIONS, THE DEVELOPER ANSWERED BECAUSE THEY DON'T HAVE THE MONEY.

AND WHEN WE WERE IN SPIN MEETINGS WITH THE DEVELOPER TALKING ABOUT OPTIONS, THEY WERE ALL SHUT DOWN BECAUSE THEY SAID THEY DON'T HAVE THE MONEY.

CONSERVATION IS DEFINED AS THE OFFICIAL SUPERVISION OF RIVERS AND FORESTS AND OTHER NATURAL RESOURCES IN ORDER TO PRESERVE AND PROTECT THEM.

CONSERVATION IS DEFINED AS THE PREVENTION OF INJURY AND DECAY AND WASTE AND LOSS THROUGH PRUDENT MANAGEMENT. DO NOT CONFUSE THE DEFINITIONS OF CONSERVATION WITH THE INTENT OF THIS DEVELOPER. THEY USE A NAME AS AN IRONIC MISNOMER AND A MARKETING PLOY TO MISLEAD YOU. JUST HEAR IT.

CONSERVATION DEVELOPMENT.

IT'S AN INSULTING OXYMORON, JUST LIKE ACCEPTABLE LOSSES OR A PEACEFUL TAKEOVER.

THANK YOU SO MUCH. THANK YOU, MA'AM.

OK, SIR, IF YOU'D LIKE TO GO AHEAD AND COME UP, SIR.

SURE. PLEASE.

I DON'T HAVE A CARD, BUT PLEASE GO AHEAD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN SPEAK.

MY NAME IS FRED ELLISON.

AND IF YOU CAN JUST SPEAK RIGHT IN THE MICROPHONE, WE'LL MAKE SURE WE GET IT ALL ON THE RECORD. MY NAME IS FRED ELLISON.

THANK YOU, SIR. I'M A VETERAN OF THE VIETNAM WAR, MY FATHER IS A WORLD WAR TWO VETERAN WHO LOST HIS LIFE FROM INJURIES FROM DEFENDING THIS COUNTRY.

I AM THE GREAT GRANDSON OF BOB JONES.

I AM ONE OF THREE OF HIS DESCENDANTS WHO OWNS THE LAND THAT WE'RE SPEAKING OF.

I WOULD LIKE TO HAVE THE RIGHT TO DEVELOP MY LAND, THE LAND THAT I PAY TAXES ON THE LAND THAT I PURCHASED.

MY GREAT GRANDFATHER BOB JONES HAS BEEN ON THIS LAND, BEEN HERE FOR OVER 150 YEARS.

MY GRANDMOTHER WAS BORN HERE IN 1878.

THOSE 13 ACRES PEOPLE TALK ABOUT FOR THE TREES.

MY GRANDFATHER'S PURPOSE WAS TO SET THOSE TREES ASIDE SO HIS CHILDREN AND GRANDCHILDREN COULD CUT THE TIMBER OFF TO BUILD THEIR HOMES.

MY GRANDFATHER, GREAT GRANDFATHER, OWNED OVER TWO THOUSAND ACRES.

THE CORPS OF ENGINEERS GRAPEVINE LAKE TOOK THE MAJORITY HUNDREDS OF ACRES.

SOUTHLAKE, THE CITY OF SOUTHLAKE, TOOK A PARK LAND THE WOLF CAVES THAT WE GREW UP IN AND MADE A PARK OF IT. THAT'S FINE.

I AM SO HAPPY THAT I CAN COME BACK AND SEE BOB JONES PARK.

BOB JONES NATURE CENTER.

ALL OF THAT WAS MY FAMILY'S LAND.

WE HAVE FAMILY REUNIONS HERE.

I'VE BEEN COMING HERE SINCE, I'M 70 YEARS OLD.

I'VE BEEN COMING HERE THAT I CAN REMEMBER SINCE I WAS FIVE YEARS OLD, FISHING, VISITING.

AND IT'S BEEN JUST A PLEASURE PART OF MY LIFE.

I WENT OVERSEAS IN VIETNAM TO FIGHT FOR OTHER PEOPLE SO THEY CAN HAVE THE RIGHT THAT I'M ASKING YOU TO GIVE ME TO HAVE AN OPPORTUNITY TO SELL TO BE ABLE TO DEVELOP MY LAND.

[01:55:04]

PEOPLE TALK ABOUT THE TREES THAT MY GREAT GRANDFATHER SET ASIDE FOR US TO CUT SO THEY CAN UTILIZE IT. THIS IS NOT.

I LOVE AMERICA, I LOVE THIS COUNTRY, I LOVE BEING A TEXAN, THIS IS NOT WHAT TEXAS IS.

THIS IS NOT WHAT BEING A TEXAN IS.

I DON'T KNOW WHERE THESE PEOPLE ARE FROM.

BUT THIS IS NOT BEING A TEXAN.

IF IT'S YOUR LAND AND YOU BOUGHT IT, YOU SHOULD BE ABLE TO DEVELOP IT.

MY FAMILY IS HERE.

MY GRANDMOTHER WAS BORN IN 1878 HERE.

THAT OUGHT TO STAND FOR SOMETHING.

DO YOU KNOW WHAT SHE WENT THROUGH TO TRY TO GET AN EDUCATION? MY GRANDFATHER HAD TO BUILD A SCHOOL HERE BECAUSE THEY COULDN'T GET AN EDUCATION.

HE BUILT IT HIS MONEY AND PAID THE TEACHERS, HIS GRANDKIDS THEY WENT TO THE EIGHTH GRADE.

THEY WANTED TO GO FURTHER.

THEY GOT TO FORT WORTH.

I.M. TERRELL THE BEST THEY COULD.

I CAME THROUGH JIM CROW.

I DON'T KNOW IF YOU KNOW, ANYBODY KNOWS WHERE JIM CROW IS THAT'S RIDING IN THE BACK OF THE BUS THAT'S GOING IN THE BACK OF THE PLACE TO EAT.

I'M ASKING YOU I'M BEGGING YOU TO GIVE ME THE OPPORTUNITY TO DEVELOP MY LAND.

THAT'S NOT ONLY THE RIGHT THING TO DO.

THAT'S THE MORAL THING TO DO.

THAT'S THE GODLY THING TO DO.

THAT IS WHAT I'M ASKING FOR.

THE SAME RIGHTS THAT ALL OF YOU HAVE.

LET ME HAVE. I'VE FOUGHT FOR THIS COUNTRY.

MY FATHER DIED FOR THIS COUNTRY. SIR, SIR, PLEASE KEEP ADDRESS, YOUR COMMENTS JUST THIS WAY. THAT'S FINE. BUT JUST YOU CAN JUST KEEP WROTE. NO, SIR.

I'M A LITTLE NERVOUS, I'M A LITTLE UPSET.

YOUR TIME IS UP SO UNLESS SOME OF THOSE OTHER GENTLEMEN WANT TO YIELD THEIR TIME.

AND AGAIN, THAT SLIPPERY SLOPE DOWN HERE WITH THIS, FOLKS.

DO, YOU WANT ME TO GO [INAUDIBLE] SIR.

NO, NO, JUST. OH, OK.

HOW ABOUT THREE MORE MINUTES PLEASE.

EVERYBODY'S, 3 MINUTES PLEASE. I'M THE GREAT GRANDSON OF BOB JONES.

I HAVE PROPERTY THAT HAS BEEN IN THE JONES FAMILY NEARLY 200 YEARS.

I'VE TRIED TO UTILIZE AND DEVELOP THIS PROPERTY.

SINCE IT HAS BEEN IN MY POSSESSION FOR THE LAST 35 YEARS.

REPEATEDLY, I RAN INTO OPPOSITION FROM MY NEIGHBORS.

MY NEIGHBORS USE MY PROPERTY WITHOUT MY PERMISSION.

THEY DO NOT WANT TO BUY IT.

MY NEIGHBORS WANT ME TO GIVE THEM MY PROPERTY FOR FREE.

WHEN THE HUGHES HOME PLACE WAS DEVELOPED, MY SOUTHERN ROAD INTO MY PROPERTY WAS CLOSED WITHOUT NOTIFICATION TO ME OR DR.

FRED ELLISON OR MARILYN MILES, THE CITY OF SOUTHLAKE PROVIDED THE HORSE TRAIL THROUGH THE HUGHES HOME PLACE DEVELOPMENT BUT DID NOT REPLACE MY ROAD TO ENTER MY PROPERTY.

I HOLD EVERY INDIVIDUAL WHO OPPOSES MY RIGHT TO DEVELOP MY PROPERTY MORALLY, LEGALLY RESPONSIBLE FOR DENYING ME MY RIGHTS OF LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS, PLUS ALL THE ELEMENTS TO BE DETERMINED IN THE FUTURE.

OTHER PROPERTY OWNERS THAT HAVE THEIR PROPERTY NEAR MINE OR CLOSE TO MINE ALL AROUND HAVE BEEN ABLE TO DEVELOP THEIRS, BUT NOT ME.

BECAUSE MY NEIGHBORS WANT TO USE MY PROPERTY FOR THEIR SELF REASONS LISTED ABOVE MY NEIGHBORS ARE OPPOSED, ENJOYING THE DEVELOPMENT OF MY BOUGHT AND PAID FOR LAND SO THEY CAN IMAGINE IT AS A HABITAT FOR DEER, AN INVISIBLE BOBCAT, EVEN AS A NESTING SPOTS FOR GREEN AND WHITE BALD EAGLES.

I'M SURE YOU'LL AGREE THAT WHILE ANIMALS AVOID PEOPLE, THERE ARE THOUSANDS OF ACRES OF CLOVE PROPERTY AROUND THE SOUTHLAKE GRAPEVINE LAKE, NOT JUST MY 11 PLUS ACRES.

THERE IS NOT ENOUGH VEGETATION NEEDED RESOURCES TO THESE DRY 11 OR 12 ACRES OF [INAUDIBLE] POPULATIONS OF WILDLIFE.

IF YOU LOOK AT THE BUILDING PERMITS FOR THE OVER THE LAST TWENTY YEARS, YOU'LL FIND THE OPPOSITION ENLARGING THEIR HOMES AND REMOVING THEIR TREES.

THANK YOU. AND I HOPE YOU CAN JUST PUT YOURSELF IN MY POSITION.

OK, OF 200 YEARS THAT MY COUSIN SAID THAT WE'VE BEEN HERE AND WHAT WE'VE BEEN DENIED.

YOU HAVE NO IDEA.

OK, GIVE ME MY RIGHT AS AN AMERICAN.

THANK YOU SIR. THANK YOU. AND THANK YOU FOR YOUR SERVICE TOO.

OK, SO THE PUBLIC HEARING IS STILL OPEN.

WHAT I'D LIKE TO DO IS MAKE SURE WITH STAFF THAT IF THERE'S ANYBODY IN THE OVERFLOW ROOM

[02:00:03]

OR I GUESS ARE WE OK ON THAT FRONT, I GUESS IF MAYBE JUST ONE HUNDRED PERCENT CONFIRM.

BECAUSE ONCE WE CLOSE THE PUBLIC HEARING, IT IS CLOSED.

SO I WANT TO MAKE SURE THAT ANYBODY WHO MAY NOT BE IN HERE CAN GET A CHANCE TO SPEAK.

AND ANYBODY WHO'S NOT HAD A CHANCE TO SPEAK YET OR HAS NOT YIELDED THEIR TIME YET CAN STILL COME FORWARD.

SO PUBLIC HEARING'S STILL OPEN.

IF ANYONE ELSE WHO'S NOT SPOKE, WE'RE NOT YIELDED THEIR TIME WOULD LIKE TO COME FORWARD AND I'LL WAIT FOR STAFF TO GET BACK.

JUST ONE HUNDRED PERCENT CONFIRM THAT THAT THERE'S NOBODY BECAUSE I APPRECIATE THAT SOME PEOPLE MAY NOT BE COMFORTABLE IN HERE, SO.

I DIDN'T HEAR MY NAME CALLED. OH, AND PARDON ME.

OK, I'M SORRY, WHAT'S YOUR NAME? DAN COMB. OK.

SORRY I DIDN'T HAVE AN ITEM NUMBER ON THAT ONE, SO I WASN'T SURE.

SO WHY DON'T YOU GO AHEAD.

I DO HAVE YOUR CARD. WHY DON'T YOU GO AHEAD AND COME UP AND IT LOOKS LIKE 339 WEST HIGHLAND SPEAK IN SUPPORT.

IF I READ THAT RIGHT.

THERE'S NOBODY. OK, THANK YOU, STAFF.

TELL ME WHEN TO START. YEAH, WE'LL GO AHEAD AND START YOUR THREE MINUTE LIGHT AND IF YOU DON'T MIND. OK, GO AHEAD AND JUST STATE YOUR NAME AND ADDRESS FOR THE RECORD.

AGAIN, MY NAME IS DAN COMB.

I LIVE AT THREE THIRTY NINE WEST HIGHLAND STREET HERE IN SOUTHLAKE, ONE OF THE BUSIEST STREETS IN SOUTHLAKE BETWEEN SHADY OAKS AND A WHITE CHAPEL.

THANK YOU VERY MUCH FOR THE OPPORTUNITY TO SPEAK TODAY.

I'M MORE PROUD THAN EVER TO BE ABLE TO REPRESENT THE HEIRS OF BOB AND ALMEADY CHISUM JONES AND THEIR TRUE STORY, AS IT SAYS ON THE WEBSITE OF RESILIENCE, COURAGE AND SUCCESS AS IT CONTINUES TODAY.

PLEASE DO YOURSELF A FAVOR AND A SERVICE.

AND WHEN YOU CAN WRITE DOWN THE WEBSITE, SOUTHLAKE 76092.COM AND JUST KEEP FACING THIS WAY. SOUTHLAKE76092.COM.

FACE THIS WAY. EXCELLENT. YOU'LL SEE THE STORY OF BOB AND ALMEADY CHISUM JONES ON THERE.

BECAUSE I CREATED A LINK THAT GOES DIRECTLY TO THAT VIDEO IT'S THE HISTORY OF BOB JONES AND BOB JONES PARK. I CAME TO KNOW ABOUT THIS PROPERTY BECAUSE I'M THE REAL ESTATE BROKER OF RECORD THROUGH EBBY HALLIDAY.

I WAS SELLING A PROPERTY THAT WAS ON BURNEY ROAD AND I WAS ASKED TO TRY TO FIND OUT WHO OWNED THE PROPERTY BEHIND SO THAT THEY COULD POTENTIALLY GAIN ACCESS.

I WENT AND I MET THE FAMILY.

I MET MARILYN AND I MET HER BROTHER AND I MET HER COUSINS.

AND I FELT A DEEP AND I MEAN JUST AN OVERWHELMING NEED AND DESIRE TO HELP THIS FAMILY BECAUSE THEY'VE BEEN WRONGED.

THEY'VE BEEN TRULY WRONGED OVER THE YEARS.

THEY'VE PRESENTED AND PROVIDED OPPORTUNITIES FOR PEOPLE THROUGHOUT SOUTHLAKE THAT WE'VE ALL ENJOYED. THEY'VE PROVIDED, I GUESS YOU'D SAY, A GREEN BELT FOR ALL THESE FAMILIES TO TRESPASS ON AND WALK, WALK ON AND CROSS AND I GUESS KIND OF MAKE IT FEEL AS IF THEIR OWN.

BUT AT THE END OF THE DAY, PROPERTY RIGHTS IN TEXAS ARE PROPERTY RIGHTS.

THESE FOLKS HAVE THE RIGHT TO ENJOY AND USE THE PROPERTY TO BE ABLE TO PROVIDE FOR THEIR FUTURE. THIS IS A PICTURE OF MS. MARILYN MILES AND HER GRANDSON, JEREMIAH.

YOU DON'T KNOW THEM, BUT I DO.

AND OVER THE YEARS, I'VE GROWN TO LOVE THIS FAMILY VERY, VERY MUCH.

THERE ARE SOME OF THE KINDEST, BEST, MOST GODLY PEOPLE YOU COULD EVER MEET.

AND THEY DESERVE THIS RIGHT.

AND I'VE SEEN THEM GET SHOT DOWN OVER THE YEARS AS THEY HAVE PEOPLE PRESENT THESE [INAUDIBLE] BECAUSE NO MATTER WHAT SOMEBODY PROVIDES AND NO MATTER WHAT SOMEBODY OFFERS, NO MATTER HOW MANY TIMES SOMEONE ATTEMPTS TO NEGOTIATE, PEOPLE STILL WANT MORE.

NO MATTER WHAT YOU OFFER, IT'S NEVER GOOD ENOUGH.

AND ALL THESE PEOPLE THAT HAVE LIVED IN THESE HOMES FOR 20, 30, 40, 50 YEARS, THEY'RE DOING IT AT THE AT THE COST OF THIS OTHER FAMILY.

AND THEY'RE HOLDING THAT OVER SOMEBODY THAT PRECEDED THEM BY DECADES.

SIR.

OK, THANK YOU VERY MUCH, SIR.

OK. AND AS I STATED BEFORE, I THINK STAFF CONFIRMED THERE IS NO ONE IN THE OVERFLOW ROOM THAT WOULD WANT TO SPEAK.

SO I GUESS IF THERE ARE ANY LAST SPEAKERS.

OK, SIR. OK, YEAH.

[02:05:05]

I CALLED IT OUT EARLIER. I THINK I DIDN'T GET A RESPONSE.

SO YIELD YOUR TIME.

OK, DO YOU MIND? HERE, LET ME FIND YOUR CARD REAL QUICK.

I WANT TO MAKE SURE I READ YOUR NAME ON THE RECORD TOO.

ARTURO SOTO IS THAT RIGHT AT 1065 HARBOR HAVEN.

OK, GO AHEAD PLEASE. HELLO COMMISSIONERS'.

I'M SABRINA HAKIMI.

ELEVEN TWENTY HARBOR HAVEN STREET.

I'D LIKE TO JUST REBUT ON ONE POINT OUR COMMUNITY HARBOR OAKS COMMUNITY IS NOT AGAINST DEVELOPMENT. WE ARE AGAINST DEVELOPMENT THAT THIS BUILDER HAS PROPOSED.

IT'S NOT CONDUCIVE TO THE NEIGHBORHOOD.

IT'S NOT CONDUCIVE TO THE ECOSYSTEM.

IT'S NOT CONDUCIVE TO HOW EVERYONE IN THIS AREA OF TOWN LIVES AND THEIR HOUSES ARE BUILT.

EVERYONE HAS A LIVELIHOOD VESTED.

AND I UNDERSTAND THAT A PROPERTY OWNER.

FACE THIS WAY PLEASE. I UNDERSTAND THAT THE PROPERTY OWNER CAN SELL AND DEVELOP THE PROPERTY AS HE LIKES.

HOWEVER, IT IS NOT CONDUCIVE TO THE FACADE AND ECOSYSTEM AND MAKE OF THIS COMMUNITY OF NEIGHBORS. IT JUST DOES NOT FIT.

HAD WE HAD A DIFFERENT TYPE OF DEVELOPMENT WHERE THERE WAS MAYBE ONE OR TWO HOMES, LARGE HOMES THAT TOOK UP THE SPACE AND WAS BUILT IN THE SPIRIT OF HOW EVERYTHING IS DEVELOPED IN THIS AREA, IT'D BE A DIFFERENT STORY.

BUT WE DO HAVE AN ISSUE WITH THIS NUMBER OF HOMES.

IT WILL ADD TO THE DENSITY OF THIS PART OF THE NEIGHBORHOOD.

IT WILL ADD TO THE TRAFFIC.

IT IS AN ENCUMBRANCE ON THE LIVELIHOODS OF PEOPLE WHO HAVE LIVED HERE FOR DECADES.

AND I UNDERSTAND WE HAVE A PROPERTY OWNER.

HE SHOULD BE ABLE TO BUILD IT UP.

AND THERE'S NO ISSUE WITH THAT.

WE'RE NOT HERE TO TAKE SOMETHING AWAY FROM SOMEONE.

THE PROBLEM IS, IS TIME AND TIME AGAIN, WE HAVE DEVELOPERS WHO COME IN WITH PROPOSED PLANS THAT DO NOT FIT THE WISHES AND THE WILL OF THE PEOPLE WHO HAVE ALREADY BEEN LIVING HERE AND ESTABLISHED THEMSELVES HERE, THEIR LIVELIHOOD, THEIR BREAD AND BUTTER, THEIR CHILDREN ARE VESTED INTO THESE AREAS.

DON'T TAKE THAT AWAY FROM US.

THANK YOU. OK, THANK YOU VERY MUCH.

OK, ANY MORE LAST CALLS BEFORE I CLOSE A PUBLIC HEARING? ONCE I CLOSE IT, WE HAVE IT CLOSED AND IT'LL JUST BE THE APPLICANT.

THEN WE'LL HAVE SOME DELIBERATIONS.

SO I JUST WANT TO MAKE SURE THERE'S NO MORE I THINK LIKE MOST PEOPLE IN HERE HAVE.

I KNOW WE DON'T HAVE ANY OUT THERE.

SO WITH THAT, I'LL GO AHEAD AND CLOSE THE PUBLIC HEARING.

THANK YOU AGAIN, EVERYBODY, FOR COMING OUT TONIGHT.

AND MAYBE THE FIRST STEP HERE, WE'LL HAVE THE APPLICANT COME BACK UP TO THE MICROPHONE.

OBVIOUSLY, YOU'VE HEARD A LOT OF THE FEEDBACK.

I THINK, YOU KNOW, AS WE KIND OF STARTED OUT BEFORE THE PUBLIC HEARING, TALKING ABOUT THE ENTRANCE, WHICH WAS MENTIONED A LOT AMONGST, A LOT OF THINGS AND A LOT COUNT, YOU KNOW, JUST MAYBE, YOU KNOW, I'LL OPEN IT UP TO ANY OTHER COMMISSIONERS HERE.

BUT JUST ANY KIND OF QUICK THOUGHTS ON THAT TOPIC FROM YOUR SIDE.

OK, THANK YOU FOR THE OPPORTUNITY.

SPEAK AGAIN. I'LL ADDRESS THE ROAD DIRECTLY.

TALKED WITH CURTIS AS I GOT DONE WITH MY PRESENTATION, WE'LL BE WILLING TO MOVE THAT ROAD TO THE NORTH AND CURVE IT SO THAT IT BECOMES MORE OF A CURVILINEAR AND THEN GOES TO THE SOUTH SO THAT WHEN IT COMES INTO BURNEY LANE, WE WON'T HAVE ANY LIGHT SHINING ON MS. VANZANDT'S HOME AND OBVIOUSLY NOT ENCUMBER HER WITH MORE COST FOR LANDSCAPING ON HER PROPERTY. WE'LL BE WILLING TO MOVE THE LOT TO THE NORTH SLIGHTLY.

ONE OF THE THINGS I THINK IT WILL HELP THE FREDRICKS' WITH THAT AS WELL IS THE AREA THERE ALONG THE NORTHWEST PROPERTY LINE WE WILL KIND OF BEND THAT CURVILINEAR UP INTO THE LOT 10 BLOCK 2 SO IT COMES DOWN IN A MORE SOUTHERLY DIRECTION.

BUT THERE'S A VAST NUMBER OF TREES THAT ARE RIGHT THERE IN THAT NORTHWEST CORNER OF OUR LOT, OF MR. FREDRICKS' LOT, RATHER.

SO I THINK THAT WILL HELP MITIGATE SOME OF THE TREES FOR MR. FREDERIC AS WELL. ONE OF THE OTHER THINGS I WANTED TO MENTION THAT I DID PROPOSE TO MR. FREDERICK, IF WE IMPACT ANY OF THOSE POST OAKS THAT ARE ALONG HIS PROPERTY ON HIS PROPERTY, I'LL REPLACE THOSE INCH FOUR INCH CALIBER INCH WITH OAKS.

OBVIOUSLY, I CAN'T DO IT WITH POST OAKS.

POST OAKS DON'T TRANSPLANT, BUT I'D BE HAPPY TO PUT RED OAKS OR LIVE OAKS OR OTHERWISE THERE ON AN INCH PER INCH BASIS FOR ANY POTENTIAL IMPACT THAT COULD BE CAUSED FOR HIS TREES THAT ARE ON HIS LOT.

AND I WANT TO MAKE IT CLEAR WE'RE HERE TO BE GOOD NEIGHBORS.

WE FEEL LIKE THE THIS SUBDIVISION HAS BEEN THOUGHTFULLY PLANNED AND ADDRESSES A LOT OF THE ISSUES THAT WE GOT FROM THE NEIGHBORS AS WE WENT THROUGH OUR MEETINGS WITH THEM.

MOVING THE ROAD, OBVIOUSLY, I THINK IS I WISH WE'D HAVE THOUGHT ABOUT THAT SOONER.

[02:10:01]

I'LL TAKE THE BLAME ON THAT ONE, BUT WE'RE CERTAINLY HAPPY TO DO THAT TO MINIMIZE ANY IMPACTS. A COUPLE OF THINGS I WANT TO ADDRESS DIRECTLY.

FIRE AND SAFETY. I WENT AND MET WITH ASSISTANT FIRE CHIEF CLEMENTS ABOUT THIS PROPERTY.

I ASKED HIM SPECIFICALLY IF THE FIRE DEPARTMENT HAD ANY CONCERNS WITH HEALTH AND FIRE AND SAFETY WITH OUR PROPOSAL, THEY HAD NONE.

IN FACT, HAVING TALKED TO MANY FIRE CHIEFS OVER THE COURSE OF MY CAREER, ALL OF OUR HOMES WILL BE FIRE SPRINKLED. THAT'S THE NUMBER ONE MITIGATING FACTOR FOR HOUSE FIRES, IS HOUSES THAT HAVE SPRINKLERS WITHIN THEM.

SO ACTUALLY, OUR HOMES WILL BE SAFER THAN THE OTHER HOMES AT HARBOR OAKS THAT DON'T HAVE FIRE SPRINKLERS IN THEM. SO WE'VE TAKEN STEPS TO ADDRESS THE HEALTH AND FIRE AND SAFETY ISSUES. YOU KNOW, I HEAR TRAFFIC.

ARE THERE GOING TO BE MORE CARS ON THE ROAD? YEAH, THERE WILL BE. BUT I'VE BEEN OUT HERE ON BURNEY LANE.

I'VE YET TO SEE A TRAFFIC JAM ON BURNEY LANE GOING ON TO CARROLL ROAD.

WE DON'T EVEN COME CLOSE TO THE THRESHOLD WITH WHICH THE CITY HOLDS US ACCOUNTABLE TO DO A TRAFFIC STUDY, WE'D HAVE TO BE 10X THE LOTS THAT WE'RE PROPOSING TODAY TO EVEN REACH THE THRESHOLD TO DO A TRAFFIC STUDY.

I UNDERSTAND THAT THERE WILL BE MORE CARS, BUT TO SAY THAT THAT NEGATIVELY IMPACTS PEOPLE'S ABILITY TO LIVE AND ENJOY THEIR PROPERTY I JUST RESPECTFULLY DISAGREE WITH THAT.

YOU KNOW, ONE OF THE THINGS THAT I REALLY WANT TO.

MR. FREDERICK, YOU TALKED ABOUT IMPACT ON VALUE AND TREES.

I DO BELIEVE THAT OUR PROPOSAL WILL INCREASE THE VALUE OF HIS PROPERTY.

WE WILL BE ADDING TREES, WILL BE ADDING LANDSCAPING, AND WE'LL BE ADDING NICE MULTIMILLION DOLLAR HOMES TO THE PROPERTY THAT'S BEHIND HIM.

SO JUST TO ADDRESS VALUE, I THINK WE'RE GOING TO BE GOOD FOR THE SUBDIVISION.

I THINK WE'RE GOOD FOR HOME VALUES AND HARBOR OAKS GOING FORWARD.

LET ME REFERENCE MY NOTES HERE A LITTLE BIT.

MR. BROWN'S CONCERNS ABOUT THE HOUSE BEING CLOSE TO HIS.

I DID WALK HIS PROPERTY WITH HIM SEVERAL TIMES NOW.

I DID OFFER TO INCREASE THAT SIDE YARD SET BACK ON THAT LOT NUMBER ONE TO INCREASE THE SET BACK OF THAT HOUSE, MOVE IT TO FURTHER TO THE SOUTH.

I ALSO SAID THAT I WOULD REQUIRE THAT THAT LOT NUMBER ONE PUTS ITS FENCE 20 FOOT SOUTH OF THE ACTUAL PROPERTY LINE.

PROPERTY EFFECTIVELY, HE'LL HAVE MORE USE OF OUR LOT BECAUSE WE MOVE THE FENCE TO THE SOUTH. I THINK ONE OF THE MAJOR MITIGATING FACTORS FOR MR. BROWN'S PROPERTY IS THAT HIS HOUSE CROWDS THE PROPERTY LINE.

THERE'S NOT A 40 FOOT REAR YARD SET BACK ON HIS PROPERTY, BUT I'M WILLING TO ACCOMMODATE THAT IN ORDER TO BE A GOOD NEIGHBOR.

ONE THING I DO WANT. AND REAL QUICK.

YES SIR. JUST THE QUESTION I HAD ON LOT COUNT.

YES. ANY FEEDBACK ON THAT? YOU KNOW, I MEAN, I'M [INAUDIBLE] ECONOMICS JUST LIKE EVERYONE ELSE'S.

I'M NOT WILLING TO GIVE UP A LOT.

IT MAKES THE SUBDIVISION UNTENABLE.

YOU KNOW, I HEAR ALL THE OPPOSITION FROM THE NEIGHBORS HERE, BUT THIS PROPERTY HAS BEEN FOR SALE FOR DECADES.

I'M THE FOURTH OR FIFTH GUY THAT'S TRIED TO GET THIS DONE.

I'VE MET WITH THE NEIGHBORS REPEATEDLY WHO HAD YET TO HAVE ANYONE OFFER TO BUY THE PROPERTY FROM THE JONES FAMILY.

SO WHILE I WOULD, YOU KNOW, IF I COULD STAND HERE AND SAY, YEAH, I'LL GIVE UP A LOT TO MAKE THIS THING GO IS JUST NOT ECONOMICALLY FEASIBLE.

OK, OK.

I'LL OPEN IT UP TO SOME OF THE OTHER COMMISSIONERS WITH JUST, I GUESS, SOME QUICK QUESTIONS.

IF I COULD FOLLOW UP ON THAT, SIR.

SIR, I THINK WE HEARD ONE OF THE SPEAKERS SAY THAT IF YOU WANTED TO COME IN AND PUT ONE OR TWO HOUSES DOWN HERE, COULD YOU OR ANY OTHER RESIDENTIAL LAND DEVELOPER MAKE THAT WORK ECONOMICALLY? NO, SIR.

AND YOU SAID THE PROPERTY'S BEEN FOR SALE? IT'S BEEN PUBLICLY MARKETED.

YES, SIR. THIS ISN'T A SECRET ARRANGEMENT BETWEEN YOU AND THE SELLER.

NO, SIR. I BELIEVE IT ACTUALLY WAS LISTED FOR OVER 500 DAYS BEFORE I GOT IT UNDER CONTRACT. SO ANY NEIGHBOR OR ANY GROUP OF NEIGHBORS COULD HAVE COLLECTIVELY GONE IN BID ON THIS LAND, BOUGHT IT AT FAIR MARKET VALUE AND DEDICATED IT FOR WHATEVER USE THEY WANTED. ISN'T THAT CORRECT? YES, SIR. THANK YOU.

ALL RIGHT. ANY OTHER QUESTIONS FOR THE APPLICANT ON ANY OF THE ITEMS WE HEARD BROUGHT UP? MAYBE ONE OTHER ITEM I GUESS I WANT TO MAKE SURE YOU ADDRESS IS DRAINAGE AND SOILS.

AND, YOU KNOW, WE HEARD A LOT ABOUT THAT.

SO CAN YOU MAYBE AND I KNOW YOU ADDRESS THAT A LITTLE BIT IN YOUR PRESENTATION, BUT MAYBE ADDRESS SOME OF THE SPECIFIC COMMENTS AND FEEDBACK WE HEARD ON THAT.

YOU BET. YOU BET. I MEAN, THE DRAINAGE ALL GOES TO THAT DRAINAGE AREA TODAY.

I MEAN, WE'RE NOT GOING TO CHANGE THAT.

OTHER THAN THE STUFF THAT DRAINS OFF OF THE WEST SIDE, THE BACK SIDE OF THOSE LOTS, WE'RE COLLECTING IT. WE'RE TAKING IT AS IT NATURALLY FLOWS TODAY AND GOING THROUGH THE NATURAL DRAINAGE AREA THAT GOES INTO, QUITE FRANKLY, THE LARGEST DETENTION POND THAT'S IN THE AREA, LAKE GRAPEVINE.

THAT'S WHAT, IT IS A DETENTION LAKE FOR THAT PURPOSE.

SO WE'RE NOT CHANGING THE NATURAL DRAINAGE THAT'S ALREADY EXISTS ON THE SITE.

THAT'S PART OF WHAT OUR PLAN WAS TO ADAPT TO THE SITE WAS HOW ARE WE GOING TO TRANSITION THROUGH THERE? HOW ARE WE GOING TO GET THE DRAINAGE THROUGH THERE? WE'RE NOT GOING TO GO OUT THERE AND KNOCK DOWN A BUNCH OF TREES AND DIG A NEW CREEK THAT

[02:15:02]

GOES THROUGH THERE. WE'RE UTILIZING WHAT EXISTS TODAY.

YOU KNOW, FROM AN ECOLOGICAL STANDPOINT, I GUESS THE THING THAT I WOULD SAY IS WHAT'S GOOD FOR THE GOOSE IS GOOD FOR THE GANDER.

YOU KNOW, THESE ECOLOGICAL CONCERNS, WE'RE GOING TO DO THIS RESPONSIBLY.

WE'RE LIMITING WHERE OUR HOME BUILDERS AND OUR END USERS CAN PUT THEIR HOMES.

WE'RE TYING THEIR HANDS DOWN TO SAVING TREES OR UTILIZE THE NATURAL DRAINAGE THAT'S ON THE PROPERTY. I THINK WE'VE GONE ABOVE AND BEYOND TO COMPLY NOT ONLY WITH THE SPIRIT OF THE LAND USE PLAN, BUT ALSO THE LETTER OF THE LAND USE PLAN.

DID THAT ADDRESS YOUR CONCERNS SIR? YEAH, A QUESTION, COMMISSIONER ROTHMEIER.

I DO HAVE A QUICK QUESTION.

EARLY IN THE PRESENTATIONS OR THE DISCUSSIONS TONIGHT THAT WAS MENTIONED BY MR. ZILKE OF A WATER CAPACITY STUDY, THERE'S A LOT OF INFRASTRUCTURE ISSUES HERE, WHETHER IT'S CITY SEWER VERSUS SEPTIC, WHETHER IT'S A TWO LANE ROAD IS THE ONLY WAY AND THE ONLY WAY OUT. HAVE YOU LOOKED AT THE CONCERNS? HAS THAT BEEN A PART OF THE DISCUSSION TO THIS POINT IN TIME IN TERMS OF THE WATER CAPACITY BASED.

AND I'M NOT SURE THAT I WOULD SUGGEST BY ANY MEANS THAT IT SHOULD BE BASED ON A COMPLETE BUILD OUT SCENARIO, BECAUSE I THINK THIS IS AN INCREMENTAL PIECE.

I THINK IS THERE A CONSIDERATION FOR LOOKING AT THAT STUDY BASED STRICTLY ON THE INCREMENTAL ASPECT OF THE EIGHT HOMES YOU'RE PROPOSING? YES, SIR. WE HAVE.

TWO THINGS. ONE, WE HAVE TO PRODUCE PRELIMINARY ENGINEERING PLANS WHEN WE TURN IN A ZONING CASE LIKE THIS. WE'VE SUBMITTED THOSE TO THE CITY.

THEY'VE REVIEWED THEM. WE HAVE HAD ZERO COMMENTS FROM A CAPACITY STANDPOINT FROM THE CITY STAFF. SO I HAVE MY PROFESSIONAL ENGINEER WHOSE HERE ADDRESS THOSE.

WE GIVE THEM OUR PLANS, THAT WE THINK WE'LL WORK TO THE CITY ENGINEERS STAFF.

THEY GIVE US COMMENTS BACK.

FROM A CAPACITY STANDPOINT, THERE'S A ZERO ISSUE WITH THE ADDITION OF OUR 8 LOTS.

FROM A HEALTH AND SAFETY STANDPOINT.

I'LL REITERATE, I MET WITH THE FIRE DEPARTMENT I MET WITH THE ASSISTANT CHIEF CLEMENTS, AND WE AGREED AS PART OF THIS, TO FIRE SPRINKLER OUR HOMES TO MITIGATE ANY POTENTIAL NEGATIVE IMPACT AND ALSO HAD NO ISSUE WITH THE SIZE OF OUR STREET, THE SIZE OF OUR RIGHT OF WAY, OUR ACCESS TO THE PROPERTY FOR HEALTH AND FIRE SAFETY CONSIDERATIONS.

YES SIR. OKAY, THANKS. ANY OTHER QUESTIONS FOR THE APPLICANT BEFORE WE.

I'M STILL CONCERNED ABOUT YOUR OUTFLOW THAT YOU'RE TALKING ABOUT FOR THE DRAINAGE.

WHILE YOU MAY NOT BE ADDING ANY ADDITIONAL DRAINAGE.

YOU'RE CONCENTRATING IT.

AND IF YOU'RE JUST GOING TO RUN IT DOWN THAT HILLSIDE INTO THE CREEK, WE NEED TO SEE A LITTLE BIT MORE DETAIL ABOUT WHAT YOUR PLAN IS ON THAT.

OK, WE HAVE ACTUALLY MY ENGINEER IS HERE.

I'LL HAVE HIM ADDRESS THAT IF YOU'D LIKE.

YEAH. IF YOU WOULDN'T MIND. JUST NAME AND ADDRESS FOR THE RECORD, PLEASE.

CLAYTON REDINGER DEOTTE ENGINEERING.

THAT'S A I LIVE AT 704 CIMARRON TRAIL IN SOUTHLAKE, TEXAS.

BUT THE DRAINAGE IS CONCENTRATED.

IT'S NOT SHEET FLOWING.

THERE IS A CLEAR [INAUDIBLE] THERE'S TWO OF THEM, ACTUALLY.

AND IF YOU LOOK AT THE DRAINAGE PLAN, THERE'S TWO CULVERTS THAT MEET AT TWO DIFFERENT LOW POINTS. SO IT'S NOT SHEET FLOWING.

IT IS CONCENTRATED TODAY.

AND THAT'S NOT BEING CHANGED BY THE DEVELOPMENT AT ALL.

SO WE'RE BASICALLY JUST PUTTING IN IT'S JUST OPEN LAND WITH AN BECAUSE OF THE TOPOGRAPHY, IF YOU COULD.

I MEAN, I HAVE THE.

YOU CAN ALMOST SEE IT. BUT THE REASONTHE CORPS PROPERTY ANGLES LIKE THAT, IT DOESN'T MEET THE DRAW EXACTLY. BUT THERE'S DEFINITELY A CLEAR I MEAN, IT'S REFERRED TO AS A GULLY AND A DRAW. I MEAN, IT'S A CLEAR, CONCENTRATED AREA WHERE WATER DRAINS TO AND FLOWS IN A FLOW LINE AND IT'S NOT A CREEK, BUT IT IS AS CLOSE TO ONE AS YOU CAN GET.

AND WHAT'S THE CONSTRUCTION OF IT THAT'S THE CREEK WHAT'S THE CONSTRUCTION OF THAT CREEK? IS IT JUST STONE.

YOU MEAN THE PROPOSED OR WHAT IT IS TODAY.

YEAH. WHAT IS IT. YEAH. WHAT'S IT COMPOSED OF.

WHAT'S IT MADE OF. IT'S JUST BASICALLY WHATEVER'S NATURAL THAT'S THERE.

RIGHT. CORRECT. OK, WHAT IS THAT.

I MEAN THERE'S LIKE ARE YOU SAYING THAT IT'S ALREADY ERODED AS FAR AS IT'S GOING TO GO.

THERE'S NOT ANY SIGNIFICANT ADDITIONAL WATER BEING ADDED AS A RESULT OF THIS LOW DENSITY RESIDENTIAL DEVELOPMENT.

SO WHATEVER IT IS TODAY IS WHAT IT WILL CONTINUE TO BE.

AND THE ONLY ALTERATION WE'RE MAKING TO IT IS THE CULVERT, WHICH IS DIRECTLY UNDER THE ROAD THAT'S GOING TO BE THERE.

BUT WHAT ABOUT THE STREET AND THE CURB? WHERE'S THAT WATER GOING TO? THE SAME TO CURB INLETS TO THE SAME SET OF PIPES.

I KNOW, BUT YOU KNOW AS WELL AS I KNOW THAT YOU'RE CONCENTRATING THAT FLOW.

THAT'S NOT THE SAME THING AS JUST BEING OUT THERE ON THE OPEN GROUND AND RUNNING.

SO I'M CONCERNED ABOUT WHERE IT RUNS DOWN THE HILL.

CAN YOU ZOOM IN ON YOU? KEN CAN MAYBE YOU OR DENNIS SORRY.

DO YOU MIND MAYBE CALLING UP THE STAFF PRESENTATION OR WHICHEVER PRESENTATION HAD THE DRAINAGE FLOW? ANYTHING THAT SHOWS THE CONTOURS IS FINE.

MIGHT HAVE BEEN. DO YOU STILL HAVE THE APPLICANT'S PRESENTATION? BECAUSE I THINK THAT ONE HAD SOME OF THE DIRECTIONAL ARROWS ON IT.

JUST TO TAKE A QUICK LOOK AT THAT AGAIN.

I MEAN THAT

[02:20:02]

WE'RE CHANGING HOW IT GETS THERE, NOT THE FACT THAT IT GETS THERE.

SO, YOU KNOW, IS IT WE'RE GOING TO CONCENTRATE IT COMING THROUGH CURB INLETS THAT GOES TO THAT CREEK? WELL, NO, NOT ANY MORE THAN IT DOES TODAY.

WHEN IT COMES THROUGH THE CREEK, COMES INTO OUR CURB INLET, GOES TO THE PIPE, IT'S GOING TO HIT THAT RIPRAP.

IT'S GOING TO DIFFUSE THE VELOCITY OF IT, WHICH WILL ACTUALLY BE BETTER FOR THE CREEK THAN IT IS TODAY, BECAUSE WE'RE GOING TO BE REQUIRED TO SLOW DOWN THE VELOCITY OF THAT WATER. SO WHILE.

I WANT TO KNOW HOW YOU'RE GOING TO DO THAT.

WHAT WE DO IS WHERE THE OUTFALL COMES OUT WHERE THE PIPES COME OUT.

WE'LL DO A BIG AREA OF RIPRAP, WHICH IS BASICALLY LARGE ROCKS.

YOU'LL SEE THEM IN NEW SUBDIVISIONS ALL OVER.

IT'S THE STANDARD. SO THE WATER COMES OUT OF THE END OF THAT PIPE.

IT GOES INTO ALL THOSE ROCKS AND THOSE ROCKS MITIGATE THE WATER OUT TO THE SIDES.

SO IT SLOWS DOWN THE VELOCITY OF THE WATER THAT COMES THROUGH THERE TODAY.

AND HOW FAR ARE YOU GOING TO DO THAT DOWNSTREAM.

THAT'LL BE SOMETHING THAT'S I MEAN, TYPICALLY, DEPENDING ON HOW BIG WHAT'S THE VOLUME IS OF THE WATER TODAY, IT'S KIND OF A CALCULATION OF HOW MUCH ROCK THAT WE DO.

WE'LL CERTAINLY COMPLY WITH THE CITY OF SOUTHLAKE ENGINEERING REQUIREMENTS AS FAR AS THAT'S CONCERNED, TO MITIGATE ANY POTENTIAL HARM.

AND I DO BELIEVE THAT ONCE WE DO IT WE'LL ACTUALLY DIMINISH THE VELOCITY AND THEREFORE INCREASE THE DRAINAGE OR IMPROVE THE DRAINAGE, RATHER.

OKAY. AND IS THIS, MAYBE THE ENGINEER AGAIN, I GUESS DOES THIS SLIDE GIVE YOU WHAT YOU WERE TRYING TO REFERENCE HERE.

I DON'T KNOW IF YOU CAN ZOOM IN ON THAT. I DON'T THINK SO.

I THINK IT KIND OF IS WHAT IT IS.

BUT HE'S GOT A MOUSE THAT HE CAN KINDA IF YOU COULD SEE THE CONTOURS IN THERE.

IT WOULD BE VERY OBVIOUS WHERE THE DRAW POINTS WERE IF YOU COULD ZOOM INTO THE CULVERT UNDERNEATH THE ROAD THERE.

AND THESE IT LOOKS LIKE FIVE FOOT CONTOURS, SO YOU CAN REALLY SEE IT.

SPEAK INTO THE MICROPHONE A LITTLE CLOSER.

I CAN'T HEAR YOU. I'M JUST LOOKING FOR A DRAWING THAT HAS MORE CONTOURS.

I THINK THAT OTHER ONE LOOKS LIKE IT HAD FIVE FOOT CONTOURS ON IT.

IT'S JUST VERY FADED, BUT YOU SEE THAT A3 LABEL RIGHT THERE AN THE ARROWS POINTING NORTHWEST, I SUPPOSE.

RIGHT. THAT IS A CLEARLY DEFINED DRAW IN THE LAND AND EVERYTHING THAT'S WEST OF THAT ACTUALLY DRAINS EAST TO THAT POINT TODAY.

EVERYTHING EAST OF THAT DRAINS WEST OF THAT POINT.

THERE'S ANOTHER ARROW YOU SEE THAT'S ON THE LOT THAT'S TO THE EAST.

IT'S KIND OF POINTING AT THE ROAD.

THAT'S A SECOND DRAW.

THOSE ARE ALL OF THE AREA AROUND THIS CONCENTRATES INTO THOSE TWO, YOU KNOW, NATURAL DRAWS TODAY.

THE DRAINAGE WILL BE RELEASED AT THE SAME LOCATION THAT IT ACTUALLY DRAWS THROUGH TODAY.

AND WE ARE NOT ADDING LIKE ADDITIONAL AREA OR ANYTHING THAT'S GOING TO INCREASE THE WATER IN ANY SIGNIFICANT WAY OUT OF THOSE POINTS.

SO AND THE CITY HAS POLICIES UNDER SITE CONTROLS THAT DETERMINE EROSIVE VELOCITIES.

THERE'S THE CITY STAFF IS VERY GOOD AT IT, BUT WE HAVE TO COMPLY WITH THE ISWM MANUAL, WHICH CONTROLS EROSIVE VELOCITIES AND HOW WE DISCHARGE FROM THE SITE.

SO IT'S NOT A MATTER THAT WE JUST CAN DO WHATEVER WE WANT.

THERE'S ACTUALLY PROCEDURES WE HAVE TO FOLLOW AND THE STAFF ENFORCES THOSE.

I UNDERSTAND. I UNDERSTAND.

I JUST WANTED TO UNDERSTAND WHAT YOUR PLAN WAS [INAUDIBLE].

THE STAFF WILL WANT TO KNOW THAT, TOO, AS WE GO THROUGH THE MORE DETAILED FINAL DESIGN.

OBVIOUSLY, WE'RE JUST NOT AT THAT POINT OF KNOWING EXACTLY HOW MANY SQUARE FEET OF RIPRAP WE'RE GOING TO PUT DOWN. BUT WE WILL HAVE TO FIGURE THAT OUT AND THE STAFF WILL HAVE TO APPROVE IT.

OKAY. THANK YOU. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT BEFORE WE DELIBERATE A LITTLE BIT HERE? I THINK WE'RE GOOD.

BUT WE WILL CALL YOU BACK UP IF WE NEED YOU.

APPRECIATE IT. OKAY I'LL STAND BY THANK YOU. I MEAN, I THINK WE'RE PROBABLY GOING TO MAYBE HAVE A POTENTIALLY A VARIETY OF OPINIONS ON THIS ONE, BUT I GUESS MAYBE JUST TO KICK IT OFF AS A STARTING POINT, YOU KNOW, WE KIND OF WENT THROUGH THE VERY BEGINNING, THE THREE CRITERIA RELATIVE TO THIS APPLICATION.

AND IT WAS GOOD TO HAVE, YOU KNOW, CITY ATTORNEY FRAME IT A LITTLE BIT IN TERMS OF COMPATIBILITY WITH LAND USE PLAN, COMPATIBILITY WITH THE NEIGHBORING PROPERTIES, AND THEN ALSO KIND OF PUBLIC HEALTH, SAFETY, GENERAL WELFARE.

AND , YOU KNOW, AGAIN, I THINK WE'RE PROBABLY GONNA HAVE A FEW DIFFERENT VIEWPOINTS MEAN AT THE YOU KNOW, AT THE END OF THE FIRST AND FOREMOST, I MEAN, I WOULD NOT ARGUE THAT I THINK, YOU KNOW, THE APPLICANT AND LANDOWNER, HAS SOME REASONABLE ABILITY TO USE HIS PROPERTY, I THINK, LIKE ANY OF US WOULD WANT OF ANY OF OUR PROPERTY.

HOWEVER, YOU KNOW, IT CLEARLY NEEDS TO BE CONSISTENT WITH THAT CRITERIA THAT WE LAID OUT, WHICH ADMITTEDLY HAS A LITTLE BIT OF SUBJECTIVITY TO IT.

BUT I MEAN, I GUESS ONE SCENARIO, I GUESS THAT I WAS KIND OF GRAVITATING TOWARDS AND I'LL PROBABLY KICK IT AROUND AND SEE WHAT EVERYBODY THINKS.

I MEAN, KEN OR DENNIS, DO YOU MIND IF YOU JUST PUT IT ON THE ONE THAT JUST SHOWS THE LOTS I MEAN, KIND OF THE BASIC SITE PLAN?

[02:25:02]

CLEARLY, THE ENTRANCE IS AN ISSUE AND THAT WOULD NEED TO BE SOLVED.

I DON'T KNOW IF JUST CURVING THE ROAD DOES IT OR NOT.

I THINK IT'S SOMETHING I'D HAVE TO REVIEW AND EVALUATE.

SO THAT'S CLEARLY ONE THING.

AND THE NEIGHBOR TO THE SOUTH, I MEAN, THAT'S CLEARLY YOU KNOW, IN TERMS OF WHEN WE TALK ABOUT KIND OF GENERAL WELFARE, I MEAN, THAT IS A NEW CONDITION THAT'S BEING INTRODUCED THAT I THINK YOU CAN KIND OF GET YOUR ARMS AROUND.

THAT'S A MEANINGFUL CHANGE.

SO I THINK BETTER ADDRESSING THAT IS KEY.

AND I THINK WORKING WITH THAT NEIGHBOR IN TERMS OF OF SCENARIOS THAT ARE MORE OR LESS DESIRABLE. SECONDLY, JUST NUMBER OF LOTS.

I MEAN, I THINK OBVIOUSLY, YOU KNOW, WE KIND OF TALKED ABOUT THE APPLICANT HAS A REASONABLE RIGHT TO USE HIS PROPERTY, BUT THEN NUMBER OF LOTS AND AND WHAT WHAT IS COMPATIBLE WITH THE NEIGHBORING AREA.

AND I THINK WE MAY END UP HAVING A LOT OF FEW DIFFERENT OPINIONS OF THAT.

BUT I GUESS ONE YOU KNOW, ONE STRAW MAN WOULD BE IF THIS IS ROUGHLY 12 NET ACRES AND LOTS AROUND THEM ARE GENERALLY TWO ACRES, THEY'LL BE AROUND SIX LOTS, SOMETHING LIKE THAT.

I MEAN, I'M JUST KIND OF TALKING OUT LOUD HERE.

BUT I THINK, YOU KNOW, I'M NOT SURE THAT EIGHT AND THE LOT DEFINITIONS, THERE KIND OF GENERALLY MATCH WHAT'S AROUND IT, BUT THAT'S MAYBE JUST TO KIND OF KICK IT OFF.

MAYBE WE CAN JUST KICK IT AROUND THE DAIS A LITTLE BIT AND JUST SEE WHAT OTHERS THINK.

MAYBE I'LL START WITH THE VICE CHAIRMAN AND JUST WORK AROUND.

YEAH, MR. CHAIRMAN, I KIND OF HAD THE SAME TWO ISSUES AND THAT WAS WHAT I ASKED ABOUT EARLIER.

DENNIS COULD YOU GO BACK? REMIND ME THE LAST TIME THIS DEVELOPMENT OR A DEVELOPMENT IN THIS AREA CAME BEFORE P&Z, WAS THAT THE ONE THAT WE LOOKED AT IN THE STAFF PRESENTATION? YES. WALK ME THROUGH THAT AGAIN, THE NUMBER A LOTS, THE LOCATION OF THE ENTRANCE.

AND THEN DID THIS ACTUALLY MOVE FORWARD TO CITY COUNCIL? SO, YEAH, THIS WENT TO CITY COUNCIL, THIS IS WHAT WAS THE FINAL PLAN THAT THEY SAW WAS THE FIVE LOTS TO THE WEST THERE WITH THE THREE EXISTING LOTS IN THE NORTH, THE GEORGIAN STATHUM AND THEN TO THE EAST WAS THE ONE EXISTING LOT, THE HOUSEMAN'S CURRENTLY.

AND THEN THE CASE IS THE ZA 08 CASES WITHDREW.

AND THEN SO BECAUSE BASICALLY THERE WAS NO ACCESS TO THE PROPERTY TO THE WEST, IT WAS DENIED. SO DID I HEAR YOU CORRECTLY? IT WAS EIGHT LOTS. AND WHAT WAS THE AVERAGE SIZE OF THE LOT OR LOTS.

IT WAS SIX WASN'T IT. DID YOU SAY SIX.

SIX? IT WAS FIVE.

OH FIVE. SORRY 5. FIVE PROPOSED LOTS TO THE WEST.

YEAH. AND WHEN I SAY TO THE WEST, I MEAN WHERE YOU SEE THE CUL DE SAC AND THE THICKER, DARKER BLACK LINE.

SO FIVE DOES NOT INCLUDE ANY LOTS ON BURNEY LANE.

SO JUST DIDN'T INCLUDE THE HOUSEMAN'S LOT, WHICH IS WHERE THE BLUE LINE IS SHOWN.

RIGHT. OK, YEAH.

IF YOU COULD GO BACK TO THE APPLICANTS PROPOSED.

SO ANYWAY, WHAT I WAS SAYING WAS, I THINK IT KIND OF MAYBE TO ECHO TO YOU, MR. CHAIRMAN, TO ME THE TWO BIG ISSUES ARE THE NUMBER OF LOTS, THE ACCESS SIZE.

OBVIOUSLY, I THINK YOU HAVE TO TAKE INTO ACCOUNT THE FACT THAT YOU HAVE A PRIVATE PROPERTY OWNER THAT SHOULD BE ABLE TO DO SOMETHING WITH THEIR DEVELOPMENT.

BUT WE ALSO HAVE CRITERIA THAT WE NEED TO MEET.

AND INITIALLY WE HEARD THAT THE ACCESS WAS NOT NEGOTIABLE.

IT SOUNDS LIKE MAYBE IT IS NEGOTIABLE.

SO THE QUESTION FROM MY STANDPOINT WOULD BE, I KNOW THAT IT WAS DESCRIBED, BUT WHAT DOES THAT ACTUALLY LOOK LIKE? AND THEN THE SECOND THING IT SOUNDS LIKE IT'S NOT STILL IS THE NUMBER OF SLOTS.

ULTIMATELY, WE CAN ALL SIT HERE AND SAY, IS IT EIGHT? IS IT 7. IS IT SIX, IS IT FIVE? AT SOME POINT? I WOULD THINK OUR ELECTED OFFICIALS HAVE TO WEIGH IN ON THAT.

IF YOU DON'T MIND JUST WE'LL CALL YOU WHEN WE NEED YOU.

WE'RE OK NOW. SO WE'RE GOING TO DELIBERATE FOR A LITTLE WHILE.

AND THEN THE ONLY OTHER COMMENT I MADE, I WAS GOING TO ASK A QUESTION DURING THE PUBLIC HEARING AND THE QUESTION WAS, IS THERE SOME LEVEL OF DEVELOPMENT THAT THE SURROUNDING AREA WOULD BE OK WITH? AND I THINK ONE OF OUR LAST SPEAKERS ADDRESSED THAT AND THE ANSWER WAS MAYBE TWO OR THREE LOTS. SO TO ME, ALL OF THESE ISSUES THAT WE'VE DISCUSSED, YES, THERE'S A PLAN THAT COULD

[02:30:08]

OVERCOME THOSE ISSUES.

MAYBE IN THE NEIGHBORS MIND, THAT'S TWO OR THREE LOTS.

DOES ANOTHER TWO OR THREE SLOTS ON TOP OF THAT THROW IT OUT OF THE REQUIREMENTS THAT WE HAVE TO MEET UNDER THE ZONING ORDINANCE? I DON'T KNOW THE ANSWER TO THAT, BUT OBVIOUSLY IT MEETS THE THE LAND USE PLAN.

SO I GUESS AT THE END OF THE DAY, I'M WITH YOU.

THE ENTRANCE AND THE NUMBER OF LOTS IS REALLY WHAT THIS BOILS DOWN TO IN MY MIND SO.

YEAH. AND I'LL JUST MAYBE ADD ON.

I FORGOT TO SAY, I MEAN, OBVIOUSLY COMPATIBILITY IN TERMS OF WHAT'S INCLUDED IN THE DEVELOPMENT, WHICH I THINK THE APPLICANT MY GUESS IS WOULD BE WILLING TO MEET IN TERMS OF NEIGHBOR DESIRES ABOUT, YOU KNOW, NO SIDEWALKS, NO STREETLIGHTS, YOU KNOW, THOSE THINGS, NO WALL. YOU KNOW IF IT'S LEGAL FOR HIM NOT TO PUT IN STREET LIGHTS.

YEAH. I MEAN, ASSUMING THAT VARIANCES CAN BE GRANTED.

YEAH. YEAH, HE COULD ALSO IN ORDER TO MAINTAIN THE COMPATIBILITY OF THE NEIGHBORHOOD, NOT TO SPRINKLE THE HOUSES.

YES. I MEAN.

SO I THINK THAT'S PROBABLY WHAT'S DRIVING A LITTLE OF THAT.

BUT WHAT I'D LIKE TO DO AND WE'LL GO AROUND HERE.

MAYBE WE'LL GO NEXT TO COMMISSIONER ROTHMEIER TO THE EXTENT THAT THERE ISN'T SUPPORT FOR THE SPECIFIC PLAN BEING PROPOSED, LET'S KEEP TALKING THROUGH WHAT MAY, YOU KNOW, WORK JUST SO WE CAN KIND OF GET A FEEL, THE APPLICANT CAN GET A FEEL, THE RESIDENTS CAN GET A FEEL WHERE AT LEAST THIS BODY AND AS THE VICE CHAIRMAN POINTED OUT THERE'S ANOTHER BODY AS WELL, THE COUNCIL.

BUT LET'S AT LEAST TRY TO WORK THROUGH THAT.

SO GO AHEAD, COMMISSIONER ROTHMEIER.

WELL, I THINK A COUPLE OF THINGS.

FIRST OF ALL, IF EVER WE WANT TO SEE A PROCESS AND HOW IT WORKED IN THE CITY OF SOUTHLAKE, I THINK THIS IS IT.

WE HAVE A DEVELOPER WHO WANTED TO PUT A PLAN TOGETHER, HAS APPROACHED, HAD CONVERSATION WITH THE NEIGHBORS. IS THERE A COMMONALITY IS THERE A MEETING OF THE MINDS? CERTAINLY NOT. AND WE APPRECIATE EVERYONE'S COMMENTS THAT YOU MADE TONIGHT FOR THAT.

BUT I THINK THAT WHEN YOU HAVE A CHALLENGE OF A PIECE OF PROPERTY LIKE THIS, IT'S LANDLOCKED. I THINK IT IS INCUMBENT UPON ALL PARTIES TO FIGURE OUT HOW TO ADDRESS THAT SITUATION. I'M NOT SURE THAT WE'RE AT THAT POINT YET IN TERMS OF WHAT MIGHT WORK.

AND IT'S CERTAINLY NOT FEASIBLE TO ASK A DEVELOPER TO GO BACK IN AND MAKE THAT ONE OR TWO HOUSES. THE OTHER COMMENT I WOULD MAKE IS I'VE LOOKED BACK.

THE CHAIRMAN STARTED THE MEETING TONIGHT BY ASKING THE CITY ATTORNEY TO CONFIRM WHAT OUR CHARTER IS AS A PLANNING AND ZONING COMMISSION.

AND THOSE THREE ELEMENTS THAT WERE TICKED OFF, THE COMPATIBILITY WITH THE COMPREHENSIVE PLAN. I DON'T THINK THERE'S ANY QUESTION THAT THIS COMPLIES WITH THE INTENT OF THE COMPREHENSIVE PLAN IN TERMS OF S.F.

1 A AND SINGLE FAMILY HOMES AND LOW DENSITY AND ALL OF THAT PIECE.

THE SECOND PIECE, COMPATIBILITY WITH THE NEIGHBORHOOD.

WE'VE SEEN SOME GIVE AND TAKE.

WE'VE SEEN THE DEVELOPER AGREE TO SOME THINGS THAT WERE IN THE ORIGINAL PROPOSAL, INCLUDING THE SIGNAGE, THE STREET LIGHTS, AN ABILITY OR WILLINGNESS NOW THAT I'VE HEARD TO ELIMINATE SOME OF THE FENCING AND TO REALLY GET THIS TO BLEND IN WITH THE COMMUNITY.

AND I PERSONALLY DON'T LOOK AT COMPATIBILITY WITH THE NEIGHBORHOOD AS SAYING WHAT'S THE SIZE OF THE CONTIGUOUS LOT? AND ARE THE LOTS IN THIS SUBDIVISION THE SAME SIZE AS THE CONTIGUOUS LOT? I THINK THE NEIGHBORHOOD IS A NEIGHBORHOOD.

IT'S NOT A ROW OF HOUSES AGAINST WHICH YOU'RE COMPARING COMPARABILITY AND COMPATIBILITY.

I THINK THE THIRD PIECE, THE HEALTH AND WELFARE OF THE NEIGHBORS, I THINK THERE REMAIN SOME CONCERNS. SOME OF THOSE WE'RE NEVER GOING TO BE ABLE TO ADDRESS THE TRAFFIC ISSUE, THE FACT THAT BURNEY LANE IS A ONE WAY TWO LANE ROAD IN AND OUT AND ADDING AN ADDITIONAL 10 PERCENT TO THE NUMBER OF HOMES THAT ARE CURRENTLY ON THE GROUND, I'M NOT SURE CREATES A MAJOR BURDEN OUT THERE.

BUT IT IS AN ISSUE THAT NEEDS TO BE TALKED ABOUT.

THE DRAINAGE CONCERNS.

I THINK WE HAVE GONE OVER THOSE FAIRLY SIGNIFICANTLY, AND I THINK THOSE REMAIN A CONCERN IN ALMOST EVERY CASE THAT COMES BEFORE US.

AND I THINK THE OTHER CONCERNS FROM THE HEALTH AND WELFARE IN TERMS OF TREES, IN TERMS OF PROTECTING SIGHT LINES THAT EXIST TODAY, CONCERNS ABOUT, YOU KNOW, 13 FEET, DOES THAT REALLY HIDE A HOUSE? NO, IT DOESN'T.

BUT DOES IT TAKE AWAY THE TREES? AND IF WE MOVE THE ROAD, THE ENTRANCE ROAD, MAYBE THAT ADDRESSES SOME OF THAT.

SO AS I TICK OFF THOSE THREE ITEMS FOR ME, I THINK WE'RE IN THE PROCESS OF DEVELOPING EACH OF THOSE. ARE WE THERE YET? I'M NOT SURE I'M THERE YET, BUT I THINK THERE'S DIALOG AND I THINK THERE'S A PLATFORM FOR DIALOG AND CONTINUED DISCUSSION TO FIGURE OUT WHAT MEETS THE ECONOMIC NEEDS OF A DEVELOPER AND WHAT MEETS THE DESIRABILITY NEEDS OF HARBOR OAKS AND THE PEOPLE IN THAT COMMUNITY. BUT I APPRECIATE EVERYONE'S TIME TONIGHT.

THANK YOU.

WOULD COMMISSIONER LEPP PLEASE GO AHEAD.

I'LL PIGGYBACK ON A LITTLE BIT OF WHAT YOU SAID.

AND I KIND OF ALSO HAVE A QUESTION.

LOOKING AT THIS VICINITY MAP IT LOOKS LIKE THE LOTS ALONG AND IT'S HARD TO TELL BECAUSE,

[02:35:02]

YOU KNOW, WE'VE GOT A BIG BLOB HERE, BUT IT LOOKS LIKE HARBOR REFUGE, SOME OF THE ONES ON BURNEY LANE AND I DON'T KNOW, I DO SEE SOME LARGE TRACTS FOR SURE, BUT IT LOOKS LIKE WE HAVE SOME ACRE AND A HALF TWO ACRE LOTS.

IT IS SF 1A.

THAT'S WHAT THEY'RE ASKING FOR.

I PERSONALLY DON'T HAVE A PROBLEM WITH THE NUMBER OF LOTS.

I THINK WE HAVE A COUPLE THAT ARE TWO ACRES, ACRE AND A HALF.

I WOULD LIKE TO SEE THE ROAD.

I THINK THAT WOULD BE A NICE DESIGN ELEMENT IF IT KIND OF CURVED UP THE ENTRANCE AND NOT HAVING CARS FACE THE NEIGHBOR ACROSS THE WAY'S ENTRANCE TO HER HOME.

I WOULD LIKE TO SEE THE DEVELOPER REMOVE THE FENCING.

I THINK THAT DOES NOT COMPLY WITH THE LOOK OF THE NEIGHBORHOOD AS WELL AS SIDEWALKS, WHICH I THINK HAVE ALREADY BEEN ELIMINATED.

AND PROBABLY THE CURBS I DO I STILL AM A LITTLE CONFUSED ON HOW THE TAKING AWAY THE CURBS WILL AFFECT THE DRAINAGE.

SO THAT SEEMS LIKE THE DRAINAGE IS WORKED OUT, BUT I DON'T KNOW IF IT'S WORKED OUT WITH THE CURB. SO THAT'S KIND OF JUST A SIDE NOTE.

IT SOUNDS LIKE THE FIRE INSPECTOR, FIRE MARSHAL HAS NO CONCERN WITH THE SAFETY OF GETTING IN AND OUT OF BURNEY LANE WHILE AT THE SURFACE IT SEEMS LIKE IT WOULD BE A CONCERN.

I'M NOT THE EXPERT THERE, SO I WOULD DEFINITELY TAKE THE WORD OF THE FIRE MARSHAL ON THAT OR THE ASSISTANT CHIEF RATHER.

THE TREE COVERAGE. THAT WAS MY FIRST QUESTION.

AND I THINK THE DEVELOPER'S DONE A SUBSTANTIAL JOB OF MAKING SURE THAT WE STILL HAVE TREE COVERAGE. SO I KIND OF ALL IN ALL, I'M LEANING IN FAVOR.

IT'S TOUGH NOT TO ALLOW A PROPERTY OWNER TO DEVELOP HIS PROPERTY.

I STRUGGLE WITH THAT ONE.

I HEAR THE NEIGHBORS CONCERNS.

I HEAR YOU ALL LOUD AND CLEAR.

I DO. BUT I ALSO HEARD, YOU KNOW, WELL, WE'VE BEEN HIKING AND USING THIS LAND FOR YEARS.

AND TRULY, IT WAS HIS LAND.

SO THAT'S WHERE I AM.

OKAY THANK YOU.

DR. SPRINGER, I GUESS I'LL PASS IT OVER TO YOU NEXT.

WELL, I MEAN, I AM OK WITH THE NUMBER OF LOTS AS WELL.

I DON'T LIKE THE DRIVE GOING RIGHT ALONG THE ADJACENT PROPERTY OWNER THERE.

SO I THINK THE WILLINGNESS OF THE APPLICANT TO RELOCATE THAT IS GOING TO GO A LONG WAY WITH IT. I STILL HAVE CONCERNS OVER THE DETAILS OF HOW THEY'RE GOING TO GET ALL THIS DRAINAGE OUT OF HERE. SAY IN A FASHION, THAT'S NOT GOING TO CAUSE EROSION AND DEGRADATION DOWNSTREAM FROM WHERE THEY ARE BECAUSE, YOU KNOW, WE DEAL WITH A LOT OF BUILDERS AND, YOU KNOW, IT'S LIKE, YOU KNOW, I CAN'T SEE IT.

AND SO I TOOK CARE OF MY PART AND IT'S ALL DOWN THE ROAD AND WE DON'T WANT TO SEE THAT AT ALL. I'M STILL CONCERNED ABOUT THESE THIS AEROBICS SEPTIC SYSTEM.

AND LIKE I SAID, IT'S NOT HOW WELL IT'S INSTALLED, IT'S HOW WELL IT'S MAINTAINED.

THE BIGGER LOTS BEING THE TWO ACRES PLUS ARE GOING TO HELP WITH THAT, BECAUSE WHEN IT COMES DOWN TO IT, AN AEROBICS SYSTEM IS NOTHING BUT PROCESSING A SELF-CONTAINED SEWAGE SYSTEM. AND IT ULTIMATELY GETS DISPERSED ON THE PROPERTY THROUGH A SPRINKLER SYSTEM.

AND EVERYTHING THAT GOES IN THERE IS COMING OUT AND IT HAS TO BE TREATED.

SO THOSE ARE MY MAIN CONCERNS ABOUT THAT.

I STILL WORRY ABOUT THROWING ALL THAT OUT ON THE GROUND.

AND THEN HAVING IT WASHED DOWN THE HILLSIDE AND INTO THE LAKE.

OKAY. THANK YOU.

COMMISSIONER PHALEN. I THINK AGREE MOSTLY WITH WHAT YOU WERE SAYING, MR. CHAIRMAN. I MEAN. I THINK WE'RE GETTING CLOSE, BUT I HAVE A LOT OF PROBLEMS WITH THE ACCESS, WHICH I KNOW HE ADDRESSED, THAT HE COULD CHANGE THAT.

SO I'D LIKE TO SEE A PROPOSED NEW LOCATION FOR THAT.

I THINK THE IMPACT TO THE PROPERTY OWNER TO THE SOUTH IS SIGNIFICANT, WHERE HE HAS IT RIGHT NOW. AND I DEFINITELY COULDN'T GET PAST THAT FOR APPROVAL.

I WOULD, OF COURSE, RATHER SEE MAYBE ONE OR TWO LESS LOTS.

BUT WHETHER OR NOT THAT'S FINANCIALLY FEASIBLE, I DON'T KNOW.

SO I FEEL LIKE WE'RE GETTING CLOSE, BUT I DON'T THINK THAT THIS PARTICULAR PLAN IS SOMETHING I COULD SUPPORT. OKAY, THANK YOU.

LAST BUT NOT LEAST, COMMISSIONER DYCHE.

WELL, THE STRENGTH OF THIS COMMITTEE IS THAT WE HAVE A DIVERGENT SET OF BACKGROUNDS AND A DIVERGENT SET OF VIEW POINTS AND IT ALL TENDS TO BALANCE ITSELF OUT.

I FALL ON THE SIDE OF THE PROPERTY OWNER BECAUSE I AM A TEXAN.

THE NEIGHBORS SEEM TO WANT TO KEEP THEIR BUCOLIC LIFESTYLE AND I UNDERSTAND THAT, BUT THEY WANT TO DO IT ON THE PROPERTY OWNERS BACK AND AT HIS EXPENSE.

I WOULD NOTE THAT SOME OF THE THESE LOTS IN HARBOR OAKS ARE .58, .68 ACRES, SO THEY'RE NOT ALL TWO ACRE HORSE FARMS AND THEY'RE HALF A MILE AWAY.

[02:40:07]

THEY'RE NOT EVEN GOING TO KNOW WHAT GOES ON BACK HERE.

SO BEING EXCESSIVELY CONCERNED THAT A BUNNY MIGHT HAVE TO GO OUT OF ITS WAY TO CROSS OVER SOME OF THIS PROPERTY SEEMS A LITTLE RIDICULOUS.

BUT BOTTOM LINE IS THIS PROPERTY'S FOR SALE, FOLKS.

GATHER YOUR MONEY AND BUY IT AND DEDICATED TO THE CITY AND IT'LL STAY EXACTLY LIKE IT IS TODAY. BUT THINGS DO NOT STAY THE SAME.

WE'RE HERE TO MAKE SURE IT GETS DEVELOPED PROPERLY AND IN ACCORDANCE WITH THE LAW.

IT IS LEGAL. IT IS COMPLIANT WITH THE LAND USE PLAN.

AND IN MY OPINION AT LEAST, IT IS NOT OVERLY DISRUPTIVE TO THE NEIGHBORHOOD.

SO WITH THE EXCEPTION OF REMOVING THE FENCING AND CHANGING THE LOCATION OF THE DRIVE, AS THE DEVELOPER HAS INDICATED HIS WILLINGNESS TO DO, I'M IN SUPPORT.

SO JUST IN TALKING TO SOME OF THE COMMISSIONERS HERE IN TERMS OF THE DRIVEWAY IS CLEARLY A FOCAL POINT.

SO MAYBE THIS ONE MAYBE GOES TO SOME OF THE ONES THAT ARE MORE SUPPORTIVE OF THE APPLICATION WE'RE STARING AT.

IS THAT SOMETHING THAT YOU WOULD BE PREPARED TO SUPPORT THIS EVENING OR IS THAT SOMETHING THAT YOU WOULD WANT TO SEE ANOTHER REVISION OF BEFORE YOU COULD BE SUPPORTIVE? NO I'M PREPARED TO SUPPORT IT THIS EVENING BECAUSE I DO NOT BELIEVE THAT THERE'S ANY PLAN THAT COULD BE PUT FORTH HERE THAT IS GOING TO SATISFY THIS NEIGHBORHOOD GROUP.

NOR DO I BELIEVE THAT THERE'S ANY WAY TO PUT A DRIVEWAY IN THERE THAT'S GOING TO SATISFY THE NEIGHBOR ACROSS THE STREET.

SO IF HE IS WILLING TO TAKE MITIGATING STEPS BOTH ON HER PROPERTY AND HERE, THEN THAT'S THE MOST WE CAN ASK FOR.

OK, WELL, LET ME ASK THAT QUESTION.

SAME QUESTION TO SOME OF THE OTHER COMMISSIONERS IN TERMS OF THIS EVENING OR IF YOU'RE STILL HAVING TROUBLE SUPPORTING IT UNTIL YOU SEE WHAT THAT DRIVEWAY LOOKS LIKE.

I CONCUR WITH COMMISSIONER DYCHE I'D BE IN SUPPORT THIS EVENING WITH A CHANGE TO THE DRIVEWAY. IT LOOKS LIKE THE APPLICANT HAS DRAWN SOMETHING AND KIND OF HOLDING IT UP AND ALSO REMOVING THE FENCING IN THE FRONT.

COMMISSIONER ROTHMEIER.

I SHARE THAT COMMENT.

I WOULD NOT HOLD SOMETHING UP SIMPLY BECAUSE OF NOT HAVING AN EXACT DRAWING OF WHAT A DRIVEWAY MIGHT LOOK LIKE.

I THINK THE DEVELOPERS DEMONSTRATED CONSISTENTLY A CLEAR INTENT TO MAKE SOME CHANGES TO ACCOMMODATE SOME OF THE THINGS THAT ARE DESIRABLE.

I COULD SUPPORT IT BASED ON THE STATED INTENT OF RELOCATING AND MAKING IT A CURVED DRIVE.

AND DR. SPRINGER, SAME QUESTION TO YOU.

I THINK I'M OK WITH IT AS LONG AS THOSE ITEMS GET ADDRESSED.

OK, SO MAYBE WHAT I WOULD NOTE IS IF ONE OF YOU IS WILLING TO MAKE A MOTION HERE THAT I THINK THAT, YOU KNOW, IN TERMS OF SUPPORT, YOU KNOW, THERE'S SOME THINGS THAT YOU WOULD NEED TO INCLUDE IN HERE THAT WE'VE TALKED ABOUT IN TERMS OF REMOVING THE WALL.

YOU KNOW, I DON'T KNOW.

MR. CHAIRMAN. I'M GLAD TO DO THAT.

I'VE GOT A LIST OF WHAT EVERYONE'S PUT DOWN.

MAYBE IT WOULD BE WORTHWHILE FOR DENNIS OR THE STAFF TO EXPLAIN WHAT A VOTE LOOKS LIKE THAT GOES TO CITY COUNCIL.

IN OTHER WORDS, WHETHER THERE'S AN OPPOSITION OR IN FAVOR HOW DOES THIS GO TO CITY COUNCIL, BECAUSE IT SEEMS TO ME ONE WAY OR THE OTHER IT'S GOING AND THAT'S WHERE THE ULTIMATE DECISION SHOULD BE MADE AND IS GOING TO BE MADE.

WELL, AND THAT'S I MEAN, HONESTLY, FOR THE RESIDENTS.

YOU KNOW, PART OF WHAT I WAS TRYING TO DO UP HERE IS THAT OBVIOUSLY YOUR TIME IS VERY VALUABLE, TOO. AND SO COMING OUT HERE TONIGHT IS A COMMITMENT OF YOUR TIME.

SO TRYING TO FIGURE THIS OUT NOW RATHER THAN CONTINUALLY TABLING AND YOU HAVE TO COME BACK AND COME BACK AND COME BACK.

LET'S TRY TO SEE WHERE THIS IS HEADING AND GET THERE SOONER RATHER THAN LATER SO THAT YOU CAN, YOU KNOW, USE YOUR TIME ACCORDINGLY.

SO MAYBE KEN I GUESS IF YOU WANT TO JUST DESCRIBE THE PROCESS, SOME KIND OF RECOMMENDATION THIS EVENING AND THEN FROM THERE.

ALL RIGHT. AND MR. VICE CHAIRMAN, I THINK YOU'RE ASKING WHETHER THE VOTE OF THE COMMISSION IMPOSES ANY TYPE OF SUPERMAJORITY THAT IS NOT THE CASE APPROVAL OR DENIAL DOES NOT CREATE ANY SUPERMAJORITY ON THE CITY COUNCIL.

THE ONLY THING THAT TRIGGERS THAT IS OPPOSITION OF 20 PERCENT OF THE LAND AREA THAT SURROUNDS THE PROPERTY.

AND THAT IS ON SECOND READING AND NOT FIRST READING.

SO ONCE THE P&Z MAKES A RECOMMENDATION.

IT'LL GO TO CITY COUNCIL FOR A FIRST READING AND ALL ZONINGS IN SOUTHLAKE REQUIRE TWO READINGS, SO THERE'LL BE A SECOND READING AND A PUBLIC HEARING.

TYPICALLY AT THE FIRST READING IF INDIVIDUALS WANT TO SPEAK, THE COUNCIL WILL ALLOW PEOPLE

[02:45:04]

TO SPEAK AT THE FIRST READING.

BUT TECHNICALLY, SECOND READING IS THE PUBLIC HEARING.

SO THERE'LL BE TWO CITY COUNCIL MEETINGS TO CONSIDER THIS ZONING REQUEST.

AND KEN, REAL QUICK, DO WE KNOW YET IF THAT 20 PERCENT THRESHOLD FOR A SUPERMAJORITY VOTE FOR CITY COUNCIL HAS BEEN REACHED OR NOT? OUR LATEST CALCULATION HAS EXCEEDED 20 PERCENT.

OK, I JUST WANT TO MAKE SURE I UNDERSTOOD THAT RIGHT.

OK. AND THEN, MR. VICE CHAIRMAN, I GUESS IN TERMS OF YOUR WILLINGNESS TO MAKE A MOTION AND AGAIN, YOU CAN MAKE A MOTION, BUT THAT DOESN'T MEAN YOU HAVE TO VOTE FOR OR AGAINST IT.

YOU'RE JUST HELPING CRAFT A MOTION AND WE'LL JUST SEE WHAT HAPPENS WITH IT.

BUT MAYBE LET'S GO THROUGH SOME OF THOSE ITEMS THAT PEOPLE HAVE.

WHY DON'T YOU GO AHEAD AND LIST IT OFF AND THEN WE'LL JUST MAYBE ADD TO IT IF THERE'S ANY ITEMS THAT, YOU KNOW, FOR EXAMPLE, SEPTIC, YOU KNOW, SEPTIC MAINTENANCE WITHIN AN HOA, ET CETERA. RIGHT.

SO I HAVE DOWN THAT THE APPLICANT NEEDS TO BE WILLING TO EXPAND UPON AND DISCUSS THE DRAINAGE ISSUES WHEN IT GETS TO CITY COUNCIL TO PROVIDE THE ALTERNATIVE ACCESS THAT'S BEEN DESCRIBED TONIGHT TO ADDRESS THE SEPTIC ISSUES THAT DR.

SPRINGERS BROUGHT UP TO ADDRESS THE FENCING, THE SIGNAGE AND THE WALL ISSUES AND THE OPTIONS THERE. IN OTHER WORDS, WHEN YOU GO TO CITY COUNCIL, THE PRESENTATION IS NOT THIS IS IT, TAKE IT OR LEAVE IT.

YEAH, I MEAN, I THINK IT'S.

YEAH, IF I HEARD OTHERS RIGHT, IT'S AGAIN, COMPATIBILITY OF THE NEIGHBORHOOD, IT'S TO NOT HAVE THE WALL, YOU KNOW, TO NOT HAVE SOMETHING THAT'S NOT ALREADY IN THE NEIGHBORHOOD ANYWAY. AND I THINK IT ALSO MAYBE I DON'T KNOW IF WE'RE GOING TO ADD IN THERE A VERSION OF THIS THAT DOES NOT HAVE CURB AND GUTTER AND AGAIN, UNDERSTANDING THAT THERE MAY BE SOME DRAINAGE NUANCES TO ADDRESS, BUT DOESN'T HAVE THAT LET YOU TALK TO STAFF ABOUT STREET LIGHTS IN TERMS OF IF THAT'S PERMISSIBLE TO NOT HAVE THEM OR NOT.

TRYING TO THINK IF I HAD ANYTHING ELSE WRITTEN DOWN HERE.

I THINK THAT'S IT. ANYBODY ELSE HAVE ANYTHING THEY WANT TO ADD THAT THEY'VE HEARD.

I MEAN, MAYBE ONLY ONE OTHER THING.

YOU KNOW, THE CULVERT AREA THAT WE KIND OF LOOKED AT TONIGHT, YOU KNOW, SOME KIND OF LANDSCAPE SHIELD TO THAT WOULD BE SOMETHING THAT I THINK WOULD BE HELPFUL TO INCLUDE IN ANY KIND OF REVISION THAT YOU DO.

TRYING TO THINK. I DON'T HAVE ANYTHING ELSE IN MY NOTES.

BUT OBVIOUSLY, ALL THIS IS RECORDED.

SO I'D ENCOURAGE THE APPLICANT TO GO BACK AND WATCH IT ALL AGAIN IN TERMS OF WAYS TO ADDRESS THIS APPLICATION.

ANYTHING ELSE ANYBODY WANTS TO POTENTIALLY INCLUDE IN A MOTION.

MR. CHAIRMAN, I SEE A LOT OF OPPORTUNITY HERE FOR ABUSE OF ON STREET PARKING HERE.

I THINK BECAUSE THESE HOUSES ARE ALL OBVIOUSLY VERY CLOSE TO THE STREET, THEY'RE GOING TO HAVE SHORT DRIVEWAYS.

AND I THINK THAT SOMEWHERE ALONG THE LINE THAT THAT NEEDS TO BE ADDRESSED.

WHAT'S GOING TO BE ALLOWED FOR ON STREET PARKING HERE WHEN PEOPLE HAVE HOLIDAY EVENTS AND THINGS LIKE THAT THAT, YOU KNOW, BECAUSE I COULD SEE THIS PLACE GETTING CONGESTED PRETTY HARD BECAUSE, YOU KNOW, THE HOUSES ARE JUST, YOU KNOW, ONE RIGHT AFTER THE OTHER.

THERE'S NO GAPS IN THERE FOR FOR EXCESS PARKING.

SO I THINK THAT'S SOMETHING THAT THE DEVELOPER NEEDS TO LOOK AT AND MAYBE ADDRESS IN COMING UP.

THAT WE'RE OK. WE'RE GOOD.

OK, SO I THINK WHAT WE'LL END UP DOING IS ENTERTAINING A MOTION.

AND I GUESS, YOU KNOW, I THINK COUNCIL KIND OF LIKES TO HEAR CLARITY IN TERMS OF HOW PEOPLE VOTE ONE WAY OR ANOTHER.

AND AGAIN, I'D SAY I'M SUPPORTIVE OF THE APPLICANTS RIGHT TO USE HIS PROPERTY.

BUT JUST FOR ME PERSONALLY, THIS IS THE LOT COUNT IS IS NOT WHERE I'D PERSONALLY LIKE TO SEE IT. BUT WE'LL GO AHEAD AND ENTERTAIN A MOTION.

WE'LL TAKE A VOTE, WE'LL SEE WHAT HAPPENS, AND THEN WE'LL GO FROM THERE AND I'LL EXPLAIN FROM THERE BASED ON WHAT HAPPENS.

MR. CHAIRMAN, I MAKE A MOTION THAT WE APPROVE ITEM NUMBER SIX ON THE AGENDA, ZA 20-0049 SPECIFICALLY INSTRUCTING THE APPLICANT AND NOTING THE APPLICANT'S WILLINGNESS TO ADDRESS DIFFERENT ACCESS POINTS, THE DRAINAGE AND HOW THAT'S GOING TO WORK IN MORE DETAIL, THE SEPTIC SYSTEMS IN MORE DETAIL THE FENCING AND OR THE REMOVAL OF THE FENCING, THE SIGNAGE, THE WALL OR REMOVAL OF THE WALL CURB AND GUTTER OPTIONS, INCLUDING THE REMOVAL OF THAT, THE CULVERT LANDSCAPING, SHIELD, AND THEN ALSO ON STREET PARKING AND THEN ALSO OBVIOUSLY BE WILLING TO DISCUSS THE NUMBER OF LOTS, EVEN THOUGH THERE

[02:50:01]

DOESN'T SEEM TO BE A WILLINGNESS TO TO ADDRESS THOSE.

OK, SO WE HAVE A MOTION, NO AMENDMENTS TO THIS MOTION.

OK, WE HAVE A MOTION.

DO WE HAVE A SECOND? SECOND.

WE HAVE A SECOND. LET'S GO AHEAD AND VOTE, PLEASE.

AND MOTION PASSES 5 2.

SO WHAT THAT MEANS IS THIS IS A RECOMMENDATION FOR CITY COUNCIL IF THE APPLICANT CHOOSES TO GO TO THE NEXT CITY COUNCIL MEETING, I BELIEVE, AND STAFF CAN CORRECT ME, THAT'S OCTOBER 20TH.

AND AS STAFF SAID DURING FIRST READING, WHILE PUBLIC COMMENT IS NOT SPECIFICALLY PRESCRIBED, TYPICALLY THE COUNCIL WILL ALLOW PUBLIC COMMENT AT THAT MEETING.

SO, YOU KNOW, I GUESS I'D ENCOURAGE THE APPLICANT WHO HEARD ALL THIS FEEDBACK TO PLEASE STAY IN TOUCH WITH PARTICULARLY THE ADJACENT NEIGHBORS TO WORK TO ADDRESS THEIR CONCERNS, BECAUSE I KNOW THAT'LL BE A FOCUS OF COUNCIL.

NEIGHBORS HOPEFULLY YOU CAN COME BACK OUT AGAIN AND PLEASE CONTINUE TO SUBMIT YOUR MATERIALS TO STAFF.

THEY'LL GET IT TO CITY COUNCIL, AND THEY'LL HAVE A PUBLIC HEARING LIKELY AT THAT MEETING AS WELL. SO WITH THAT, THANK YOU, EVERYBODY, FOR COMING OUT AND YOUR TIME.

AND I THINK BEFORE WE TAKE TAKE ITEM NUMBER SEVEN THIS EVENING, I'LL GIVE THE GALLERY A CHANCE TO POTENTIALLY CLEAR OUT HERE REAL QUICK UNLESS EVERYBODY WANTS TO STICK AROUND FOR ITEM SEVEN, EIGHT OR NINE.

BUT THANK YOU FOR COMING OUT OR SIGN BOARD.

THAT'S RIGHT. WE HAVE SIGNBOARD LATER, TOO.

THAT'S A RATINGS WINNER.

YEAH, ALL RIGHT, WE'LL GO AHEAD AND MOVE ONTO, LET ME SEE IF I CAN DIG UP MY PAPER HERE, ITEM

[7. Consider: Ordinance No. 480-643D, (ZA20-0021), Zoning Change and Site Plan for Park Village on property described as Lot 1, Block 1 and Lot 1, Block 2 , Park Village, an addition to the City of Southlake, Tarrant County, Texas, and located at 1035 E. Southlake Blvd. and 300 S. Carroll Ave., Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District. Proposed Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #9.]

NUMBER SEVEN ON OUR AGENDA THIS EVENING, ZONING CHANGE AND SITE PLAN FOR PARK VILLAGE.

AND STAFF GIVEN THE TIME, I'D SAY, YOU KNOW, I THINK WE'VE TALKED ABOUT THIS A LITTLE BIT BEFORE, BUT I'LL LET YOU JUST KIND OF HIT THE HIGH POINTS IN THE PRESENTATION AND TRUST YOUR JUDGMENT ON THAT. CERTAINLY, THIS IS A REQUEST TO AMEND THE ZONING FOR THE PARK VILLAGE RETAIL DEVELOPMENT, LOCATED AT 1035 EAST SOUTHLAKE BOULEVARD AND 300 SOUTH CARROLL AVENUE. THIS IS AT THE SOUTHWEST CORNER OF SOUTH CARROLL AND EAST SOUTHLAKE BOULEVARD. AND LAND USE DESIGNATION ON THIS PROPERTY IS RETAIL, COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL, WHICH IS THE OPEN SPACE AND POND AREA FOR THIS DEVELOPMENT.

IT IS CURRENTLY ZONED AS SP1 DETAILED SITE PLAN DISTRICT.

AERIAL VIEW OF THIS PROPERTY.

THE PRIMARY PURPOSE OF THIS IS TO REDUCE THE SIZE OF THE LARGE FOUNTAIN AND ADD A SCULPTURE AT THE NORTH EAST CORNER OF THE DEVELOPMENT TO IMPROVE PART OF THAT AREA AS A LAWN AND AREA WITH FESTOON LIGHTS AND POLES AND ENHANCE HARDSCAPE IN THE FOUNTAIN AREA USING PAVERS ALSO TO ENHANCE LANDSCAPE AT THAT EAST AND NORTHWEST CORNERS OF THE PROPERTY. A SHADE STRUCTURE WOULD BE ADDED TO THE FOUNTAIN AREA.

IT WOULD REMOVE AT GRADE PLANTING BEDS WITHIN 20 FEET OF SEVERAL OTHER BUILDINGS AND TO ADDRESS SOME DRAINAGE ISSUES THEY ARE HAVING IN THOSE LOCATIONS.

AND ALSO IT WOULD ALLOW THE CONCRETE FINISH THAT'S IN PLACE THERE TODAY TO REMAIN AS IS . THE AREA SHOWN IN THE DASH BOX, ARE THE PRIMARY AREAS OF MODIFICATION, THIS BEING THE FOUNTAIN AREA AND THIS BEING LANDSCAPE BEDDING AREA AT THE CORNER OF TOWER AND SOUTHLAKE BOULEVARD. THIS IS A RENDERING OF THE FOUNTAIN AREA, THE SCULPTURE IS JUST A PLACEHOLDER AT THIS TIME, BUT THIS IS INTENDED TO REPRESENT THE PROPOSED CHANGES

[02:55:03]

TO BE MADE TO THAT DESIGN.

THE COLORING OF THE FOUNTAIN WOULD REMAIN AS IT IS CURRENTLY THERE TODAY.

THIS IS AN EXHIBIT SHOWING THE ENHANCED PAVING TO BE MODIFIED IN THE FOUNTAIN AREAS, THIS WOULD APPLY BOTH AT THE HARD CORNER AND THEN ALSO IN FRONT OF THE RESTAURANT SITE JUST ACROSS FROM THE MAIN FOUNTAIN AREA.

THIS IS THE ELEVATION OF PROPOSED PAVILION STRUCTURE THAT WOULD BE ADDED IN THIS AREA OF THE FOUNTAIN PAVILION AREA.

THIS SHOWS A LANDSCAPE MATERIAL TO BE REMOVED IN RED THESE AREAS WOULD BE REPLACED WITH PAVING SOME OF THE RELOCATED TREES WOULD BE PLACED IN THIS AREA OF THE FOUNTAIN.

AND THIS SHOWS ADDITIONAL LANDSCAPE SHRUBS THAT WOULD BE PUT IN PLACE, THE NET CHANGE IN TREES ON THE SITE WOULD BE A REDUCTION OF 22 TOTAL TREES AND THEN A MAJORITY OF THE REPLACEMENT MATERIAL WOULD BE IN SHRUB TYPE MATERIAL.

AND OVERALL, ON THE SITE, THERE IS A NET GAIN OF APPROXIMATELY 859 SHRUBS.

AS PART OF THE REQUEST, THE LANDSCAPE ORDINANCE IS A SEPARATE ORDINANCE AND APPLICANT WOULD BE REQUESTING A VARIANCE TO ALLOW THE LANDSCAPING AS BEING PROPOSED WITH THIS PLAN THIS EVENING. THIS IS A LITTLE LARGER DETAIL OF THE SHADE STRUCTURE TO BE PLACED NEAR THE FOUNTAIN AREA. AT THE NORTH WEST CORNER OF THE PROPERTY AT TOWER PLAZA INTERSECTION, A RETAINING WALL WOULD BE ADDED ADJACENT TO THAT BUILDING.

THE FACING MATERIAL OF THAT RETAINING WALL WOULD MATCH THE COLUMNS SHOWN IN THIS PHOTOGRAPH. AND DETAIL OF LANDSCAPE ENHANCEMENT.

THERE IS SOME ELECTRICAL BOXES IN THIS LOCATION THAT WOULD BE SCREENED WITH THE MATERIAL BEING INSTALLED THERE.

AND THIS IS FURTHER IN THAT AREA, JUST NORTH OF THE PARKING ADJACENT TO THAT NORTHWEST CORNER. A DETAIL OF THE FOUNTAIN AREA AND PLANTING'S.

AND THIS IS THE FOUNTAIN IN FRONT OF THE RESTAURANT ACROSS FROM THE MAIN FOUNTAIN.

DETAIL OF THE NORTHWEST CORNER.

AND THE DETAIL OF THE EASTERN PORTION OF THAT NORTHWEST CORNER.

DETAIL OF THE RESTAURANT IN THE FOUNTAIN PLAZA AREA ACROSS FROM THE MAIN FOUNTAIN.

WITH THAT, I'LL BE GLAD TO ANSWER ANY QUESTIONS.

JUST A QUICK QUESTION ON MY PART, I GUESS, IS THE CITY, I GUESS AS OF TODAY, CONSIDER THIS PROPERTY IN NONCOMPLIANCE WITH ITS ZONING? THAT IS CORRECT. AND THEN ROUGHLY HOW LONG HAS THAT BEEN THE CASE? I THINK PROBABLY FOR ABOUT THE PAST THREE YEARS.

THREE YEARS. YES SIR.

OK. ANY OTHER QUESTIONS FROM COMMENTS OR CHUCKLES FROM COMMISSION.

GOOD FOR NOW. OK, WE'LL GO AHEAD AND CALL THE.

I DO HAVE ONE QUICK QUESTION.

IS THERE NO PLAN TO REPLACE ANYTHING ALONG THE FORMER FRESH MARKET BECAUSE THE PROPOSAL IS TO TAKE EVERYTHING OUT ALONG THERE? IS THERE ANY BECAUSE IT'S A 20 FEET BUFFER THAT WE'RE TALKING ABOUT, IS THERE ANY PLAN TO PUT SOMETHING IN THE BOULEVARD, THE ISLAND BETWEEN SIDEWALK AND 1709 TO DO SOMETHING TO

[03:00:01]

MASK THAT BUILDING OR ARE WE JUST GOING TO LOOK AT THE SIDE OF A BUILDING? THERE IS SOME MATERIAL GOING IN ALONG THE PARKING AREA AND ALONG THE THE CORNER, THE REMAINDER OF THAT WOULD, YOU KNOW, BE PARKWAY AND GRASS AREA, I BELIEVE, ON THE OTHER SIDE OF THE RETAINING AREA.

AND I CAN KIND OF JUMP BACK TO THE EXHIBITS.

BUT WE'RE TALKING SHRUBS, NOT TREES.

THAT'S I GUESS THE ONE YES, PRIMARILY SHRUBS AND ACCENT TREES.

WE'LL GO AHEAD AND ASK THE APPLICANT TO GO AHEAD AND COME ON UP, AND IF YOU DON'T MIND, AS YOU MIGHT HAVE SEEN ONCE OR TWICE EARLIER THIS EVENING, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND WE'LL GET INTO SOME QUESTIONS.

CAN YOU SPEAK INTO THE MICROPHONE.

SURE. CRAIG MYER'S I LIVE AT 13838 PATTON DRIVE, DALLAS, TEXAS.

IN A EFFORT TO I'M WITH FORESIGHT CONSULTING.

WE ARE THE DEVELOPMENT AND CONSTRUCTION MANAGER FOR SHOP CORE PROPERTIES.

OK, SO TO PROVIDE A LITTLE CONTEXT OF WHY WE'RE PROPOSING WHAT WE HAVE IN THIS PLAN.

WE HIRED A SOILS ENGINEER AND A STRUCTURAL ENGINEER ABOUT A YEAR AGO TO REVIEW THE ENTIRE SITE, TO REVIEW PREVIOUS SOILS PLANS AND TO REVIEW PREVIOUSLY APPROVED PLANS.

WHAT THEY FOUND IS THAT THERE ARE EXPANSIVE SOILS ACROSS THE ENTIRE SITE WHICH ARE CAUSING ISSUES REALLY IN ALL OUR INTERIOR FLOOR SLABS, ALL THE SIDEWALKS, ALL THE ROADWAYS, AND AT THE FOUNTAIN, SPECIFICALLY AT THE NORTHWEST CORNER BUILDING A ON THIS IS A VACANT 20000 SQUARE FOOT SPACE.

AND IN THE LAST YEAR, SHOP CORE HAS HAD TO REPLACE THE ENTIRE INTERIOR FLOOR SLAB.

AND THAT'S A DIRECT CAUSE BECAUSE OF THE UNDERLYING SOILS AND BECAUSE ON THE DIRECT NORTH EXTERIOR OF THE BUILDING, WATER IS SEEPING UNDERNEATH THE SHALLOW SPREAD FOOTINGS, CAUSING FRACTURING IN THE INTERIOR SLAB.

SO THE INSIDE OF THE SPACE HAS ALREADY BEEN COMPLETED.

SO THE OUTSIDE IS THE OTHER PORTION OF THIS.

THE OTHER MOST NOTICEABLE PART OF THIS PROPERTY IS OBVIOUSLY AT THE FOUNTAIN.

THE SOILS ARE ALSO HAVING AN IMPACT ON THAT.

DIRECTLY TO THE EAST OF RAW SUSHI IS AN UNDERGROUND VAULT WHICH HOUSES THE LARGE FOUNTAIN PUMPS THE PVC, GOES UNDERGROUND AND THEN SURFACES UNDERNEATH THE FOUNTAIN BASIN.

THOSE PIPES OVER THE YEARS HAVE CRACKED.

AND THAT'S WHY INSTEAD OF SEEING 25, 30 DIFFERENT ELEMENTS WORKING AT ONE TIME, YOU SEE FIVE OR SIX OR ZERO OR ONE, AND IT'S A CONTINUAL PROBLEM.

SO IN AN EFFORT TO MAKE THIS A MORE SUSTAINABLE PROJECT AND BE LESS MAINTENANCE FREE, WE'RE ESSENTIALLY GOING TO TRY TO ELIMINATE THAT PUMP AND ELIMINATE THE RELIANCE ON PIPE UNDERGROUND. SO THE ELEMENTS OF THIS NORTHWEST CORNER, NORTHEAST CORNER ARE TO ESSENTIALLY TO MAKE IT MORE MAINTENANCE FREE, BUT ALSO FOR IT TO BE MORE OF A COMMUNAL AREA WHERE THERE'S [INAUDIBLE] THERE'S TURF, THERE'S A CONCRETE PEDESTAL FOR PUBLIC ART AND JUST AN OVERALL BETTER AREA FOR RESIDENTS IN THE CITY.

THANK YOU FOR THAT.

I'LL JUST GO AHEAD I GOT MY OWN COMMENTS, BUT MAYBE I'LL JUST OPEN IT UP WITH THE COMMISSION.

DOES ANYONE OTHER THAN COMMISSIONER DYCHE HAVE ANY COMMENTS? I'M HAPPY TO OPEN IT UP TO ANYBODY OTHER THAN HIM FIRST.

COMMISSIONER ROTHMEIER. MINE WOULD NOT BE AS HUMOROUS.

NO. BUT I AM CONCERNED ABOUT THE LOSS OF TREES ONLY BEING OFFSET BY SHRUBS WHICH WE SAW IN REMEMBER IF THAT WAS 2019 OR 2020.

BUT IN CORRIDOR WE DID TALK ABOUT THAT.

SO CAN YOU TALK A LITTLE MORE ABOUT I MEAN, I KNOW WE WANT TO SOLVE THE DRAINAGE SOILS ISSUE THERE, BUT WHAT CAN YOU COME BACK WITH THERE? WELL, THE SOILS ENGINEER SAID THAT ALL IMPERVIOUS MATERIAL AND ALL PLANTING WITHIN 20 FEET OF EVERY BUILDING WILL CONTINUE TO CAUSE ISSUES THAT ARE FLOOR SLABS FOR OUR TENANTS, OUR EXISTING TENANTS AND FOR ROADWAYS.

SO THERE'S OVER 40 DIFFERENT TREES IN THE DISTRICT AREA AND THE OTHER AREAS WHERE THEY'RE WITHIN 20 FEET. SOME ARE WITHIN 10 FEET OF THE BUILDING.

AND YOU CAN SEE DIRECTLY WHERE THEY'RE CAUSING AN ISSUE.

SO WE'VE TRIED TO MITIGATE THOSE AS MUCH AS POSSIBLE.

WE'RE LOOKING TO TRANSPLANT, I BELIEVE 24 TREES IN THE AREA DIRECTLY EAST OF BUILDING A.

WE ARE GOING TO HAVE A NET LOSS OVERALL, BUT WE'RE TRYING TO MITIGATE THOSE AS MUCH AS

[03:05:04]

POSSIBLE WITH THE SPACE WE HAVE AVAILABLE.

ANY OTHER COMMISSIONER ROTHMEIER, COMMISSIONER LEPP.

VICE CHAIRMAN. YOU KNOW, AT SOME POINT IT WOULD BE HELPFUL TO UNDERSTAND BECAUSE YOU'VE TALKED ABOUT ELIMINATING THE PUMP VAULT.

THAT'S BEEN THE ISSUE WITH THE FOUNTAIN.

FROM A DESIGN STANDPOINT, THIS MAY NOT BE THE POINT TO UNDERSTAND IT, BUT I'M NOT SURE I UNDERSTAND WHAT TYPE OF WATER FEATURE IS GOING TO BE IN THAT.

WHAT'S SHOWN HERE? YOU'RE STILL GOING TO MOVE WATER SOMEHOW.

IF THAT WAS ALL DONE OUT OF THE PUMP VAULT ORIGINALLY, WHERE IS IT GOING TO BE DONE NOW? SURE. SO THESE PUMPS ARE ALL ESSENTIALLY SELF ENCLOSED, LIKE A TRADITIONAL SUMP PUMP WHERE SUCTION IS ON ONE END AND IT BLOWS OUT THE TOP.

IT'S THE SAME DEAL. SO ALL THAT YOU NEED FROM THIS IS JUST POWER, JUST AN ELECTRICAL LINE, RATHER THAN HAVING TO RELY ON ONE LARGE CIRCULATING PUMPS.

THESE ESSENTIALLY ARE ALL INDIVIDUAL PUMPS THEMSELVES.

COMMISSIONER SPRINGER.

SO ARE YOU GOING TO DEMO THE ENTIRE THING OR YOU'RE GOING TO REUSE IT AS IT IS AND JUST PARTIALLY FILL IT? SURE.

SO WE'RE GOING TO DEMO A PORTION OF THE UPPER BASIN.

SO THE PERIMETER WHERE YOU STILL SEE WATER AT THE UPPER TIER IS THE EXISTING UPPER BASIN.

SO WE ESSENTIALLY CUT THAT IN HALF AND ESSENTIALLY REUSE THE OTHER HALF.

BUT THE STRUCTURE, THE FOOTINGS AS IT IS TODAY, IS LARGELY GOING TO BE MAINTAINED AS IT IS. AND WE'LL PUT DOWN PROTECTIVE BARRIERS FOR THE ADDITIONAL REPLACEMENT TURF AND THE DECK. BUT FOR THE MOST PART, THE STRUCTURE REMAINS THE SAME.

AND SO YOU'RE PLANNING ON USING ACTUAL TURF OR ARTIFICIAL TURF OR WHAT? ARTIFICIAL TURF. OK, ALL RIGHT.

THAT'S ALL. VICE CHAIRMAN.

WHAT'S THE TIME FRAME ON THE PROJECT, THIS ASPECT OF THE PROJECT.

TO START OR DURATION? BOTH.

WE'D EXPECT WITH CD DEVELOPMENTS GETTING BIDS OUT TO CONTRACTORS START Q1 2021 . I ESTIMATE TWO MONTHS TO GET EVERYTHING TOGETHER, TO HAVE A CONSTRUCTION START DATE, AND THEN AFTER THAT, LIKELY FIVE TO SIX MONTHS, TOTAL CONSTRUCTION DURATION.

SO MIDYEAR YOU EXPECT TO HAVE THE WATER FLOWING BASICALLY.

YES. I MAY, IF YOU DON'T MIND, CHARGE IN FIRST.

THE DESIGN HERE, AND I'M GLAD WE HAVE THIS UP.

SO HELP ME UNDERSTAND, IF YOU'RE A PEDESTRIAN AND YOU'RE ON THE CORNER OF CARROLL AND SOUTHLAKE BOULEVARD, CAN PEDESTRIANS GET THROUGH HERE OR NOT? BECAUSE I THINK THIS IS THE ONLY THING PROVIDED AND IT'S DIFFICULT FOR ME TO TELL WHAT YOU KNOW. CAN YOU EXPLAIN IT? YES. SO CURRENTLY THERE ARE TWO ACCESS POINTS.

AND SO GLORIA'S IS THE BUILDING TO THE NORTH AND THERE'S ONE LITTLE PERSON TO THE RIGHT WHERE IF THEY KEPT ALONG THAT TRAIL, THEY WALK UP A PATH THAT HAS NO STEPS AND WALK RIGHT INTO THE CENTER. THAT WOULD STAY EXISTING.

ON THE OPPOSITE SIDE WHERE RAW SUSHI IS, WE'RE ACTUALLY GOING TO REMOVE THE STEPS THAT ARE THERE IN AN ATTEMPT TO CREATE MORE OF AN AREA FOR PEOPLE TO BE IN.

SO THAT AREA TO THE LEFT WHERE THERE IS A WROUGHT IRON RAILING THE STAIRS WOULD GO AWAY AND WE WOULD ADD A MASONRY WALL WITH RAILINGS ON TOP.

SO THAT THE SIDEWALK AREA WOULD BE OPEN OVER THERE NEAR GLORIA'S.

CORRECT. AND THEN THE FENCING YOU'RE SHOWING WITHIN THIS, I GUESS, HALF OF THE OVAL, HOW TALL APPROXIMATELY IS THAT FENCING? I MEAN, IS THAT THREE OR FOUR FEET? IS THAT FIVE OR SIX FEET.

AROUND? I DON'T HAVE THE EXACT DIMENSION ON ME RIGHT NOW.

FORTY TWO INCHES. OK.

OK. KIND OF WHERE I'M GOING WITH THIS IS, YOU KNOW, I THINK, YOU KNOW, TO SOMEBODY WHO CAN TAKE THE CREDIT OR BLAME FOR THE ORIGINAL DESIGN ON THIS BEING HERE AWHILE I BLAME PERSON ON MY RIGHT AS WELL AND LEFT, I THINK WE WANT PEDESTRIAN CONNECTIVITY IN HERE.

BUT I THINK THE PRACTICAL EXPERIENCE OF HAVING IT ON THE GROUND AND YOU ALL SHOULD KNOW THIS IS THERE'S A LOT OF ACTIVITY THERE, WHICH IS GOOD.

I MEAN, I ACTUALLY THINK THIS COULD BE AN IMPROVEMENT, YOU KNOW, RATHER THAN JUST A SHOWPIECE FOUNTAIN.

IF YOU CAN HAVE SOMETHING THAT'S ACTIVATED AND YOU KNOW, THERE'S TYPICALLY A WAIT AT THE RESTAURANTS AND PEOPLE WALKING, WAITING, MILLING AROUND.

BUT THERE ARE A LOT OF KIDS AROUND THERE.

AND I THINK, YOU KNOW, KIDS ARE KIND OF OVER ON THE OTHER SIDE, TOO.

AND THIS RENDERING IS KIND OF HARD TO SEE IT.

SO I THINK WE NEED SOMETHING BETTER TO GO TO CITY COUNCIL THAT SHOWS ACCESS POINTS OR NOT

[03:10:07]

FENCE HEIGHTS, YOU KNOW, SOMETHING THAT IS SOMEWHAT KID PROOFED AND TO THE POINT WHERE MAYBE INCLUDING I KNOW IT'S NOT PERFECT, BUT, YOU KNOW, THE ACCESS POINT OVER THERE NEAR GLORIA'S SOME KIND OF FENCING THAT IS MAYBE DESIGNED LIKE, FOR EXAMPLE, FOR A POOL AREA.

THAT IS WHATEVER IT IS, X HEIGHT HIGH, YOU KNOW, A LATCH HIGH ENOUGH APPROPRIATELY AND KIND OF A SPRINGY GATE THAT WILL SHUT, SOMETHING THAT ALLOWS PEDESTRIAN ACCESS, WHICH WE WANT. BUT WE JUST I THINK WE ALL KNOW AND DISCOVERED IT'S BECOME A VERY INTERACTIVE, KID FRIENDLY AREA, WHICH IS GOOD.

BUT IT'S UNFORTUNATELY, WE ALL KNOW JUST SOMETIMES PARENTS DON'T KEEP AS GOOD EYE ON THEIR KIDS AS THEY SHOULD.

AND WE WANT TO LIMIT THE ABILITY FOR THAT TO HAVE, A NEGATIVE OUTCOME.

SO INCLUDING, YOU KNOW, JUST WANDERING OUT OF THAT AREA AND JUST YOU'RE GOING TO BE KIND OF UP ON THAT OVAL, YOU KNOW, ANY ABILITY TO GET OVER THAT FENCE AND GO OUT.

SO THAT I MEAN, CAN YOU COMMENT ON THAT? I GUESS DOES THAT MAKE SENSE? YES. YES. AND SO IT'S HARD TO TELL IS THAT ON THE NORTH SIDE TOWARDS GLORIA'S, THE PAVEMENT IS ACTUALLY AT GRADE TOWARDS THE NORTH EDGE.

SO IT'S SLOWING DOWN IN A WAY.

SO IT'S NOT AS DRAMATIC FARTHEST TO THE EAST.

SO THERE WILL BE LIMITING SHRUBS ON THE NORTH END.

BUT IT'S SOMETHING WHERE WE CAN CERTAINLY HAVE THE GLAZING THE GLASS DO FOR THAT SIDE OF THE PERIMETER AS WELL. WE CAN CERTAINLY ADD A FENCE TO THIS AS WELL, IF THAT'S SOMETHING YOU'D LIKE TO SEE. I THINK YOU GET THE, I DON'T WANT TO SIT HERE RIGHT NOW AT 9:52 P.M.

AND DESIGN IT, BUT I THINK YOU GET THE THEMES OF SAFETY ON FENCING, SAFETY ON ACCESS, ESPECIALLY RELATED TO CHILDREN.

SO I THINK BAKE THAT INTO AND A BETTER IT COULD EVEN BE MAYBE MORE OF A SITE PLAN, YOU KNOW, KIND OF A DOWNWARD VIEW, NOT SO MUCH A RENDERING TOO, BUT JUST SOMETHING THAT BETTER ILLUSTRATES THAT.

SO [INAUDIBLE] SURE.

YEAH. NO, IT'S [INAUDIBLE] AND I DON'T THINK, AS WE FOUND OUT EARLIER TONIGHT, WE DON'T HAVE A POINTER, BUT YEAH.

BUT I MEAN, I THINK SOME KIND OF FENCING.

SURE. I JUST THINK WE NEED TO BE CAREFUL HERE, I THINK WE'VE SEEN HOW THIS AREA GETS USED, WHICH IS GOOD, BUT I THINK WE'VE GOT TO BE CAREFUL.

SO ANYWAY, THAT'S MY TWO CENTS BELATEDLY HERE.

I WILL PASS IT ALL THE WAY DOWN THE DAIS OVER TO COMMISSIONER DYCHE.

COMMISSIONER ROTHMEIER, I'M SORRY.

I DON'T KNOW HOW HUMOROUS MY PRESENTATION IS GOING TO BE.

THE APPLICANT WON'T FIND IT QUITE SO FUNNY.

WHO OWNS THIS PROPERTY.

SHOP CORE. SHOP CORE DOES. ARE THEY HERE TONIGHT? NO, THEY'RE NOT. WELL, THEN YOU'RE GOING TO TAKE THE BRUNT OF THIS.

SO I APOLOGIZE.

YOU CAME IN LATE ON THIS PROJECT.

SHOP CORE HAS TREATED ITS TENANTS, THE PATRONS AND THE CITY OF SOUTHLAKE, MOST IMPORTANTLY, WITH UTTER DISDAIN FOR THE LAST THREE YEARS.

YOU'RE ONLY HERE TONIGHT BECAUSE THE CITY SENT YOU A VIOLATION NOTICE AND IT WAS GOING TO START COSTING THEM SERIOUS MONEY.

IN THE LAST THREE YEARS, YOU COULD HAVE BUILT AN ENTIRE INDOOR BASEBALL STADIUM.

I CAN'T HAMMER A NAIL AND I COULD HAVE FIX THIS PROBLEM IN THE LAST THREE YEARS.

IT'S NOT OUR PROBLEM THAT THEY DIDN'T DO THEIR DUE DILIGENCE WHEN THEY BOUGHT THE PROPERTY. BUT IT'S OUR PROBLEM NOW.

SO GENERIC.

WELL, WE'RE GOING TO START IT IN THE FIRST QUARTER AND WE'RE GOING TO FINISH IT SOME TIME. SUBJECT TO FORCE MAJEURE, MAYBE NEXT SUMMER.

IT'S NOT GOOD ENOUGH.

IF YOU WANT APPROVAL TONIGHT, WE'RE GOING TO HAVE A START DATE.

IF YOU WERE SERIOUS ABOUT DOING THIS, YOU'D ALREADY HAD CD'S OUT FOR BID.

THAT'S NOT GOING TO TAKE MORE THAN THIRTY DAYS.

SO FROM THE TIME THAT THE CITY COUNCIL, IF THEY APPROVE THIS AND FRANKLY, I DON'T KNOW IF THEY WILL OR NOT, BUT A GUY WITH A SPRINKLER WOULD HAVE BEEN BETTER THAN WHAT SAT OUT THERE FOR THE LAST THREE YEARS.

IF THEY APPROVE THIS, I WANT THIS PROJECT STARTED WITHIN 30 DAYS AND I WANT IT FINISHED WITHIN SIX MONTHS, OR YOU'RE GOING TO LOSE APPROVAL, IT'S GOING TO GO THROUGH AND GET VIOLATIONS. AND THE NEXT TIME IT GETS VIOLATIONS, THE CITY MAY NOT BE SO NICE ABOUT IT AND THEY MAY ACTUALLY ENFORCE THOSE, WHICH, AS I UNDERSTAND IT RIGHT NOW, WOULD BE SUBSTANTIAL. IF THEY CAN'T AFFORD TO FIX THIS NOW, THEY'RE NOT GOING TO BE ABLE TO AFFORD TO PAY THOSE FINES.

AND I DON'T CARE WHAT HAPPENS TO THEM BECAUSE THEIR BEHAVIOR IN THIS MATTER HAS BEEN ABSOLUTELY REPREHENSIBLE AND THIS PROPERTY HAS BEEN A JOKE.

[03:15:03]

SO NOT YOUR FAULT, BUT I WANT THAT MESSAGE TO GO THROUGH WHOEVER HAPPENS TO BE WATCHING THIS FROM SHOP CORE, IF THEY CARE ENOUGH TO WATCH IT.

SO WE NEED FROM YOU TONIGHT A REALISTIC CONSTRUCTION SCHEDULE THAT STARTS BEFORE YEAR END AND A SCHEDULE TO FINISH IT BUILD IN NOW, ON THE FLY ANY DAYS A FORCE MAJEURE THAT YOU THINK YOU'RE GOING TO HAVE BECAUSE THERE'S NOT GOING TO BE ANY EXTENSIONS, AT LEAST AS FAR AS I'M CONCERNED.

OK, I THINK WHAT YOU'RE GOING TO DO HERE IS FINE, BUT I DON'T TRUST THEM TO DO IT.

THAT'S IT. OK, WELL, MAYBE TO BUILD ON THAT TO THAT POINT, I THINK, YOU KNOW, AND THE VICE CHAIRMAN WAS HITTING ON THAT WE NEED SPECIFIC TIMING IN TERMS OF WHAT YOU CAN GET DONE AND WHEN YOU CAN GET IT DONE.

AND THE ANSWER, YOU KNOW, THE RIGHT ANSWERS ARE SOONER RATHER THAN LATER.

AND WE'RE GOING TO INCLUDE WITHIN OUR MOTION LIKELY SOMETHING THAT STATES THAT IN ORDER FOR THIS ZONING REQUEST TO BE APPROVED, WE'RE GOING TO ATTACH A PERFORMANCE BOND TO IT AND OR A LETTER OF CREDIT FROM A FINANCIAL INSTITUTION THAT'S IN GOOD STANDING OR LANGUAGE, SOME SUCH THEREOF THAT OUR ATTORNEY COLLEAGUES WILL PROVIDE.

BUT FOR THAT VERY REASON, WHICH I'M SURE YOU CAN UNDERSTAND AND, YOU KNOW, AND IF YOU HAPPEN TO BE ON SOCIAL MEDIA, YOU KNOW, JUST CHECK OUT WHAT THE CITY THINKS OF THIS.

IT'S PROBABLY AKIN TO WHAT YOU JUST HEARD.

SO IN ORDER TO JUST EFFECTIVELY SOLVE THIS, THAT'S WHAT WE'RE GOING TO NEED.

WE'RE GOING TO NEED A TIMELINE FROM YOU.

AND I DON'T KNOW HOW WE WANT TO TRY TO CRAFT THAT IN TERMS OF A TIMELINE NOW.

DO WE WANT TO WAIT? MY THINKING WAS WE GO THROUGH THE PUBLIC HEARING AND LET HIM KIND OF FIGURE OUT WHAT HE WANTS TO DO THERE AND THEN WE CAN.

WE'RE GOING TO NEED THAT. AND I THINK.

IS THERE AN ESTIMATED COST ON THIS PROJECT YET? OUR INITIAL ESTIMATES WERE 750 GRAND.

OK, SO CITY STAFF, I GUESS HAVE WE HAD INFORMATION SUBMITTED TO THAT EFFECT, I GUESS THAT COST OR DO WE HAVE ANY.

I MEAN, IS IT JUST VERBAL OR DO WE HAVE ANYTHING IN WRITING.

AND, YOU KNOW, WE CAN PUT A RECOMMENDATION ON THE AMOUNT OF A LETTER OF CREDIT OR PERFORMANCE BOND TO COUNCIL, BUT I'M SURE THEY'LL COME UP WITH THEIR OWN.

SUGGEST 1.5 SO 50 PERCENT CONTINGENCY.

AND THEN, YOU KNOW, WHY DON'T YOU THINK ABOUT THE TIMING? I THINK WE'LL FIGURE OUT AMOUNT.

WE DID THAT. WE GOT THE TERM.

YOU'VE GOT THE COMMENTS ON THE AREA IN TERMS OF BETTER RENDERING, BETTER SITE PLAN TO KIND OF ILLUSTRATE JUST THE SAFETY ASPECTS OF IT, ANY OTHER.

OH, AND LET'S MAKE SURE WE BAKE INTO THAT LANGUAGE THAT UPON COMPLETION, THE FOUNTAIN WILL BE OPEN AND OPERABLE AT LEAST 90 PERCENT OF THE TIME PER MONTH.

SO 50 PERCENT IS NOT THE THRESHOLD NEEDED.

YOU NEED TO BE AN A STUDENT TO PASS.

WE SHOULD HAVE GONE WITH THE BIRDBATH THAT I BROUGHT UP WHEN WE PASSED THIS.

[LAUGHTER] IT WOULD HAVE BEEN OPERABLE MORE.

WE RECORD THESE MEETINGS. SO I WANT TO CONFIRM THAT.

YOU CAN GO BACK AND CONFIRM THAT.

IS THAT RIGHT. POINT TAKEN.

GET YOUR I TOLD YOU SO MOMENT IN HERE, SEVEN YEARS LATER.

MR. CHAIRMAN, MAY I MAKE A SUGGESTION THAT WE UP THE 90 PERCENT TO 95 PERCENT.

90 PERCENT STILL MEANS IN A 30 DAY MONTH.

THAT CAN BE NOT OPERATIONAL ON A FRIDAY, SATURDAY AND SUNDAY.

AND JUST SEEMS LIKE A LOT TO ME.

AND THAT'S FINE WITH ME AGAIN, WHAT THIS IS GOING TO BE IS A RECOMMENDATION THAT GOES TO CITY COUNCIL AND CITY COUNCIL WILL OBVIOUSLY TAKE THEIR PEN OR PENCIL OUT.

AND SO WE'VE GOT A 95 PERCENT.

WE GOT A ONE POINT FIVE TIMES.

AND CAN I PIGGYBACK ON THE SAFETY ISSUE AS WELL? BECAUSE I DID HAVE A CONCERN ON THE HEIGHT OF THE FENCE AND THEN LOOKING AT THE RENDERING, WHICH I UNDERSTAND IS JUST A RENDERING.

AND WE HAVE THE GIANT EYEBALL, WHICH I ALSO KNOW IS JUST CONCEPTUAL, BUT WE HAVE THE GIANT EYEBALL UP ON A PEDESTAL.

AND SO I CAN SEE KIDS CLIMBING UP ON THERE AND JUMPING OFF AND POTENTIALLY HURTING THEMSELVES. AND SO UNDERSTANDING THAT THIS IS JUST A RENDERING, I CAN LOOK FORWARD AND SEE A LITTLE FIVE YEAR OLDS AND EIGHT YEAR OLD BOYS JUMPING OFF THERE EVEN GIRLS TOO.

WHY DON'T YOU BAKE THAT INTO YOUR SAFETY.

[03:20:03]

AND THEN IS THERE ANY AND THIS IS MAYBE A QUESTION FOR CITY STAFF.

DOES THE PIECE OF ART HAVE TO COME BACK THROUGH THE APPROVAL PROCESS, UNDERSTANDING THAT THIS IS JUST CONCEPTUAL OR HOW DOES THAT WORK? WE WILL LET DIRECTOR BAKER ADDRESS THAT ONE? IF IT IS A PUBLIC ART PIECE, WE WOULD WANT TO, AS WE GO THROUGH THE PROCESS, ENSURE THAT WE COULD GET ACCESS TO MAINTAIN THE PIECE.

BUT THE NORMAL PROCESS IS IT'LL GO TO THE ART COUNCIL INITIALLY AND THEY'LL MAKE A RECOMMENDATION TO CITY COUNCIL.

SO THERE IS A PROCESS IT JUST DOESN'T INVOLVE THE PLANNING AND ZONING COMMISSION.

NO, OFFENSE TO A FEW OF US ON THE COMMISSION HERE, BUT I'M KIND OF GLAD WE'RE CUT OUT OF THAT DECISION.

AND IT GOES TO THE ARTS COUNCIL AND NOT PLANNING AND ZONING.

AS LONG AS WE DON'T END UP WITH THE EYEBALL.

YES, OK, DULY NOTED WITHIN THE RECORD.

HOW ABOUT A DRAGON.

ACTUALLY, I BROUGHT THAT UP THIS AFTERNOON, A BIG DRAGON THERE, WHICH, BY THE WAY, IF ANYONE WELL, I DON'T HAVE AN UPDATE ON THE DRAGON SCORE HERE, BUT IT WAS A CLOSE GAME.

WHAT IF THIS IS A DRAGON EYEBALL WE'RE LOOKING AT NOW? [LAUGHTER] ALL RIGHT.

WE'RE GETTING PUNCHY. IT'S TEN O'CLOCK, OK? YES. MR. CHAIRMAN, I DO HAVE A BIT OF A REFINEMENT.

I MIGHT SUGGEST. I'M IN AGREEMENT WITH COMMISSIONER LEPP ON NINETY FIVE PERCENT, BUT I THINK THE NINETY FIVE PERCENT NEEDS TO HAVE TIME PARAMETERS ASSOCIATED WITH IT BECAUSE THERE'S GOING TO BE SOME MAINTENANCE ASSOCIATED WITH THAT.

I DON'T WANT TO PENALIZE THEM.

SO MAYBE YOU SAY, YOU KNOW, 6 A.M.

TO 12:00 P.M. NEEDS TO BE OPERATIONAL OR SOMETHING LIKE THAT SO IF THERE'S A TIME FOR MAINTENANCE THEY TAKE IT DOWN TO ENSURE THAT IT'S 95 PERCENT ON A CERTAIN SET OF HOURS, JUST A THOUGHT. OR TOTAL OVER A CUMULATIVE PERIOD OF TIME.

SO LET'S SAY THAT IT DOES HAVE AN ISSUE AND IT TAKES TEN DAYS TO REPAIR IT, BUT IT GETS REPAIRED WITHIN TEN DAYS AND THEN THE DARN THING IS OPERATIONAL AGAIN.

AND EVEN BETTER, MAYBE YOU'LL JUST KIND OF NOTE THAT.

BUT I'M GOING TO MAKE THAT YOUR HOMEWORK TO DETERMINE MAINTENANCE, YOU KNOW, TIME THAT'S THAT'S NEEDED. AND YOU CAN TALK TO CITY COUNCIL ABOUT THAT IN TERMS OF IF YOU THINK THAT'S TOO TIGHT OR DOESN'T WORK AND YOU CAN PROVE THAT UP.

ANY OTHER. AND I KNOW WE NEED YOU STILL NEED TO HAVE A PUBLIC HEARING.

BUT ANY OTHER JUST NOTES FOR OUR ESTEEMED VICE CHAIRMAN HERE TO WRITE DOWN FOR A MOTION.

I THINK WE'RE GOOD. IF WE NEED YOU WE'LL CALL YOU BACK.

I NEED TO GO AHEAD.

AND I'M GLAD I GOT THE REMINDER TO OPEN THE PUBLIC HEARING.

WHY DON'T YOU THINK ABOUT THE TIME FRAME AS WELL WHILE YOU'RE SITTING THERE, ALTHOUGH I'M NOT SURE HOW LONG IT'S GOING TO TAKE.

ITEM NUMBER SEVEN PARDON ME, ITEM NUMBER SEVEN ON OUR AGENDA THIS EVENING REQUIRES A PUBLIC HEARING. I WILL GO AHEAD AND OPEN THAT PUBLIC HEARING TO SEE IF ANYONE WOULD LIKE TO SPEAK ON THIS ITEM.

SEEING A LOT LESS PEOPLE THAN I JUST SAW ON ITEM NUMBER SIX, I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING FOR THIS ITEM.

WHILE HE'S KIND OF DOING HIS CALCULATIONS REAL QUICK I THINK WE'VE GOT MOST OF IT BAKED IN TERMS OF PERCENT OF TIME, FOUNTAIN'S FUNCTIONING, THE KID FRIENDLY AREA, SAFETY, FENCING, PEDESTRIAN ACCESS.

THERE'S ACTUALLY ONE OTHER THING I JUST WANTED TO TALK TO HIM ABOUT, BUT WE'VE GOT THE PERFORMANCE BOND IN OR LETTER OF CREDIT FROM FINANCIALLY SOLVENT INSTITUTION, MAYBE WITH AN ACCEPTABLE CREDIT RATING OR SOMETHING LIKE THAT.

THERE YOU GO. WOW, YES, SIR.

WE'RE GETTING OUR MONEY'S WORTH OUT OF COMMISSIONER DYCHE TONIGHT.

[LAUGHTER] WE'LL DO THE ONE POINT FIVE TIMES ON THE AMOUNT BASED ON THE GREATER OF SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS OR WHATEVER DEVELOPMENT BUDGET THEY SUBMIT TO THE CITY. AND I GUESS WE'LL GO AHEAD AND GET TIMING.

CAN YOU GO AHEAD AND SPEAK TO TIMING REAL QUICK? AND OBVIOUSLY, THIS CAN BE REFINED FOR NEXT CITY COUNCIL MEETING AS WELL.

BUT JUST OFF THE CUFF.

YES. SO ONE THING I DIDN'T MENTION, THERE ARE AND BLACKOUT DATES THAT WE HAVE FOR MULTIPLE TENANTS ACROSS THE SITE THAT RESTRICT US TO PERFORM ANY TYPE OF CONSTRUCTION THROUGH THESE DATES. I MEAN, IT'S WHY WE WERE LOOKING TO START IN THE FIRST QUARTER OF 2021. WE CAN COMMIT TO STARTING THE FIRST WEEK OF JANUARY.

IT'S JUST WE'VE GOT TENANT LEASE OBLIGATIONS THAT WE WOULDN'T BE ABLE TO GET OUT OF AS FAR AS BLACKOUT DATES GO.

OKAY. BUT THE FIRST WEEK OF JANUARY ABSOLUTELY BE PREPARED FOR THAT TO COME UP.

AND IF THAT WAS THE START DATE WHEN WOULD THE COMPLETION DATE BE FIVE MONTHS.

FIVE MONTHS FROM THAT DATE. YEAH, WE CAN WORK WITH THAT.

SO 5 MONTHS. SO END OF MAY.

AND, YOU KNOW, YOUR LANDLORD PROBABLY DOES HAVE A LITTLE BIT OF LEVERAGE RIGHT NOW, GIVEN I'M GOING TO GUESS SOME OF YOUR TENANTS HAD THEIR HAND OUT A FEW MONTHS BACK.

SO, YOU KNOW, LANDLORDS HAVE A LITTLE BIT OF LEVERAGE.

SO, OK, SO I THINK WE HAVE EVERYTHING WE NEED.

I THINK WE HAD A PUBLIC HEARING.

I THINK WE'RE GOOD. UNLESS YOU HAVE ANYTHING ELSE?

[03:25:01]

NO THAT'S IT. I THINK WE'RE GOOD.

THANKS. SO WITH THAT UNLESS WE NEED ANY OTHER DISCUSSION TO MAKE SOME PROGRESS THIS EVENING. WE WANT TO GO AHEAD AND ENTERTAIN A MOTION.

ALL RIGHT, MR. CHAIRMAN, I MAKE A MOTION THAT WE APPROVE ITEM NUMBER SEVEN ON OUR AGENDA, ZA 20-0021 AND SPECIFICALLY NOTING SUBJECT TO THE STAFF REPORT DATED OCTOBER 2ND 2020, ALSO SUBJECT TO THE SITE PLAN REVIEW, SUMMARY NUMBER TWO DATED SEPTEMBER 30TH, 2020.

AND ALSO REQUIRING AND NOTING THE APPLICANT'S WILLINGNESS TO PROVIDE MORE DETAILED RENDERINGS ON A SITE PLANNED AT THE CITY COUNCIL MEETING, ALSO NOTING THE APPLICANT'S WILLINGNESS AND A REQUIREMENT TO PROVIDE MORE DETAILS ON THE PEDESTRIAN ACCESS POINTS AS WELL AS ALL FENCE HEIGHTS AND ALSO ADDRESSING THE SAFETY ASPECTS OF THIS PORTION OF THE DEVELOPMENT AROUND THE FOUNTAIN, INCLUDING THE ARTWORK ELEVATIONS.

ALSO NOTING THE APPLICANTS WILLINGNESS TO INFORM COUNCIL OF THE BUDGET FOR THE PROJECT FOR PURPOSES OF A PERFORMANCE BOND, WHICH I'LL GET TO IN A MINUTE, NOTING THE APPLICANT'S WILLINGNESS AND REQUIRING THAT THE CONSTRUCTION START AT THE BEGINNING OF THE YEAR AND THAT THE APPLICANT PROVIDE CITY COUNCIL WITH CONFIRMATION OF THAT AND TENANT BLACKOUT DATES TO SEE IF IT CAN START EARLIER.

ALSO NOTING AND REQUIRING THAT THE APPLICANT FINISH CONSTRUCTION BY THE END OF MAY 2021, ALSO NOTING THE APPLICANT'S WILLINGNESS AND REQUIRING THE APPLICANT TO PROVIDE INFORMATION TO COUNCIL ON ACHIEVING A NINETY FIVE PERCENT MONTH FUNCTIONALITY OR OPERATIONAL TIME FRAME AND IDENTIFYING HOURS REQUIRED FOR MAINTENANCE EACH MONTH, AND ALSO NOTING AND REQUIRING A PERFORMANCE BOND AND OR A COMMERCIAL LETTER OF CREDIT TO SECURE THE PROJECT AND AN AMOUNT TO BE ONE POINT FIVE TIMES THE PROJECT COST.

AND TO BE ISSUED FROM A MAJOR FINANCIAL CENTER BANK WITH ASSETS OF AT LEAST 500 MILLION DOLLARS.

THAT WAS A WELL CRAFTED MOTION THAT I'M NOT SURE I COULD VISION OUR PREVIOUS VICE CHAIRMAN MAKE. MR. CHAIRMAN.

I APPRECIATE YOU MAKING THAT.

AND PLEASE PUT THAT ON. YES, SIR.

YES, SIR MR. BAKER. I BELIEVE THERE WAS A VARIANCE ON THE.

OH, DO YOU MIND GRANTING THE VARIANCE ON THE.

LANDSCAPE. YES.

AND ALSO SPECIFICALLY GRANTING THE LANDSCAPE VARIANCE.

I STILL THINK IT'S A GOOD MOTION, MR. VICE CHAIRMAN. NO AMENDMENTS TO THAT.

WE'RE OK WITH THAT MOTION.

DO I HAVE A SECOND? I'LL SECOND IT.

OK, LET'S GO OUT AND VOTE, PLEASE.

MOTION PASSES SEVEN ZERO AND HOPEFULLY PLEASE TAKE ALL THAT FEEDBACK TO HEART.

PLEASE DO YOUR BEST. PUT YOUR BEST FOOT FORWARD WITH COUNCIL.

JUST YOU KNOW, I THINK, COMMISSIONER DYCHE, THIS EVENING WAS A GOOD PREVIEW OF WHAT YOU'LL SEE AT CITY COUNCIL.

SO PLEASE BE READY.

SO GOOD LUCK. NOW WE WILL GO AHEAD AND MOVE ON TO ITEM NUMBER EIGHT ON OUR AGENDA, WHICH IS ZONING CHANGE THE SITE PLAN FOR PROPERTY LOCATED AT 751 / 771 EAST SOUTHLAKE

[8. Consider: Ordinance No. 480-273B, (ZA20-0041), Zoning Change and Site Plan for 751/771 E. Southlake Blvd. on property described as Lot 9, O.W. Knight No. 899 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 751 and 771 E. Southlake Blvd., Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District. Proposed Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #9.]

BOULEVARD. THIS IS A REQUEST TO AMEND THE CURRENT SP1 ZONING ON THIS PROPERTY LOCATED AT 751 771 TO PROVIDE A 48 HUNDRED SQUARE FOOT TWO STORY ADDITION TO THE REAR BUILDING LOCATED AT 771 AND ALSO MODIFIED PERMITTED USES, ALLOWING UP TO 25 PERCENT IN THAT USABLE FLOOR AREA AND MEDICAL OFFICE AND SALON TYPE USES.

PROPERTY IS IN RETAIL COMMERCIAL DESIGNATION ON THE NORTHERN PART AND OFFICE COMMERCIAL ON THE SOUTHERN PORTIONS OF THE SITE.

CURRENT ZONING SP1 DETAILED SITE PLAN DISTRICT.

THIS IS THE PROPOSED ADDITION LOCATION.

AND THE BUILDING FOR WHICH THE ADDITION WOULD BE ADDED WOULD COME INTO THIS AREA HERE.

LOCATION OF THAT PROPOSED ADDITION.

THE PERMITTED USES WOULD BE AMENDED, CONTINUE TO FOLLOW 0-1 DISTRICT REGULATIONS, WITH THE

[03:30:07]

EXCEPTION OF ALLOWING UP TO 25 PERCENT MIX WITHIN THE TOTAL DISTRICT BETWEEN BARBER BEAUTY SHOP SALONS AND MEDICAL OFFICE USES.

REQUIRED PARKING UNDER THAT SCENARIO WOULD BE 72 PARKING SPACES.

AND IN ORDER TO ADDRESS THAT, THEY HAVE CALCULATED BOTH THE BEAUTY SALON TYPE USES, WHICH ARE TYPICALLY A 1 TO 200 RATIO, AND THE MEDICAL OFFICE A 1 TO 150 RATIO.

THEY'RE ACCOMMODATING THAT ENTIRE 25 PERCENT ON THE HIGHER RATIO OF PARKING.

ADDITIONALLY, IN WHAT I'VE DESCRIBED IN THAT PREVIOUS SLIDE THEY'RE REDUCING THE BUILDING SET BACK FROM A MINIMUM 15 FOOT TO A 10 FOOT.

THIS IS ALONG THE WESTERN BOUNDARY THAT ABUTS THE CHANNEL.

THAT'S JUST A DRAINAGE AREA THAT'S JUST ON THE WEST SIDE OF THE PROPERTY.

SITE DATA SUMMARY FOR THE PROJECT.

AND DETAIL OF THE PROPOSED ADDITION AREA.

ELEVATION OF THE ADDITION.

WEST ELEVATION.

SOUTH ELEVATION. AND 1ST FLOOR PLAN.

SECOND FLOOR PLAN.

AND PROPOSED LANDSCAPE PLAN, ALL OTHER LANDSCAPE ON THE SITE WOULD REMAIN AS IT CURRENTLY IS. AND THE TREE CONSERVATION PLAN.

DRAINAGE PLANS.

AND I'LL ANSWER ANY QUESTIONS YOU MAY HAVE.

APPLICANT'S HERE TO REPRESENT THE ITEM.

QUESTIONS FOR STAFF ON THIS ONE.

WE'VE GOT A QUESTION FOR THE APPLICANT, BUT NOTHING FOR STAFF.

OK, GO AHEAD AND ASK THE APPLICANT TO COME FORWARD, IF YOU COULD PLEASE.

AND THE QUICK QUESTION I HAD, AND THIS WAS A LITTLE BIT OF CONFUSION FROM MAYBE THE CORRIDOR MEETING. IS THE HAIR SALON USE OR BARBER AND BEAUTY USE CURRENTLY IN THE BUILDING ANTICIPATED TO BE IN AN EXPANSION BUILDING, OR WHAT'S EXACTLY THE STATUS OF THAT . RIGHT NOW. AND I'M SORRY TO NAME AND ADDRESS FOR THE RECORD.

YES, MY NAME IS SANDEEP SANDHU.

I LIVE AT 704 GATES HEAD COURT IN SOUTHLAKE, DIRECTLY OPPOSITE OF THIS BUILDING.

OK, AND YOU CAN GO AHEAD AND ANSWER THAT QUESTION.

SO THE CURRENT TENANT BASE IS ABOUT EQUIVALENT OF AROUND 60 EXECUTIVE SUITES.

RIGHT NOW I HAVE ABOUT OUT OF THE 60, ABOUT 10 THAT ARE MIXED BETWEEN SALON AND MEDICAL USE OUT OF THAT RATIO.

OK, ANY OTHER QUESTIONS FOR THE APPLICANT ON THIS ONE? GOOD. OK.

I THINK WE'RE GOOD IF WE NEED YOU, WE'LL CALL YOU BACK.

THANK YOU. ITEM NUMBER EIGHT ON OUR AGENDA DOES REQUIRE PUBLIC HEARINGS.

SO I'LL GO AHEAD AND OPEN THAT PUBLIC HEARING NOW.

ANYONE THAT WOULD LIKE TO COMMENT ON THIS ITEM YOU ARE WELCOME TO COME FORWARD.

NO, YEAH, WELL, A LOT OF EXCITEMENT AND I FIGURED I'D SEE IF ANYBODY WANTED.

. ANY OTHER COMMENT ON THIS ONE OR WANT TO ENTERTAIN A MOTION.

OH, THAT'S RIGHT.

OUR VICE CHAIRMAN IS GOING TO ABSTAIN FROM THIS ONE, MAYBE OUT OF ABUNDANCE OF CAUTION.

SO IF ANYONE ELSE WOULD LIKE TO MAKE THIS MOTION.

I ACTUALLY HAVE A QUESTION. YES MA'AM. ONCE THEY DO THE ADDITION, WHAT'S THE TOTAL SIZE OF THE BUILDING? ARE THEY REQUIRED TO DO SPRINKLER SYSTEMS IN THE WHOLE THING?

[03:35:01]

WILL THEY BE CONNECTED AND WILL IT BE OBVIOUSLY IT'S GOING TO BE MORE THAN 6000 SQUARE FEET. THEY WILL BE CONNECTED.

AND GIVE ME JUST A SECOND.

AND I'LL GET THE TOTAL SQUARE FOOTAGE.

I THINK IT IS.

TOTAL SQUARE FOOTAGE OF BOTH BUILDINGS, 16,834 FOUR.

BUILDING ONE, WHICH IS AT SOUTHLAKE BOULEVARD, IS 5000 SQUARE FEET.

BUILDING TWO WOULD BE 11,800.

SO I IMAGINE THAT DOES NOT HAVE A SPRINKLER SYSTEM AT THE MOMENT.

BUILDING IF THE EXISTING BUILDING IS 5000 AND THEY'RE ADDING ON FORTY EIGHT HUNDRED.

JUST KIND OF MAKING SURE THAT THERE'S.

CAN I ADD SIR. YEAH. WE'LL GO AHEAD AND LET THE APPLICANT.

YES. THE BACK BUILDING IS SPRINKLED AND THAT CURRENTLY IS 9000 SQUARE FEET.

SO THIS 4800 EDITION WILL GO ON TO THE BACK BUILDING AND WE WILL CONTINUE THE SPRINKLER SYSTEM. THE FRONT BUILDING IS LESS THAN 6000 SQUARE FEET, SO IT DOES NOT HAVE A SPRINKLER BUILDING AND THEY'RE NOT CONNECTED AT ALL.

OK, THANK YOU FOR THE CLARIFICATION.

OK. NO, I THOUGHT THAT WAS A GOOD QUESTION.

I WAS ACTUALLY I THOUGHT MAYBE YOU WERE TAKING A DIFFERENT ANGLE ON THAT.

I MEAN, I THINK I'M OK WITH THIS LEVEL OF POTENTIAL RETAIL USE IN THIS BUILDING, BUT IT'S JUST SOMETHING I WANT TO BE CAREFUL ABOUT IN THE FUTURE.

JUST SO YOU KNOW THAT I MEAN, I'M NOT SURE I'D RUN BACK IN HERE AND ASK FOR 50 PERCENT ANY TIME SOON, BECAUSE I THINK WE JUST WANT TO BE CAREFUL THE KIND OF USES WE HAVE BACK IN THIS AREA. AND I THINK SOME SMALL EXCEPTIONS FOR THIS TYPE OF USE ARE OK, BUT WE'RE GOING TO BE PRETTY SELECTIVE ON THAT.

SO, OK, ANY OTHER QUESTIONS COMMENTS.

COMMISSIONER ROTHMEIER YOU ARE GOO. OKAY.

EVERYBODY PRETTY GOOD. OK, I THINK WE'LL GO AND ENTERTAIN A MOTION FROM WHOEVER WOULD LIKE TO CRAFT IT.

MR. CHAIRMAN, I'LL MAKE A MOTION THAT WE APPROVE CASE NUMBER ZA 20-0041 SUBJECT TO THE STAFF REPORT DATED OCTOBER 2ND 2020 AND THE SITE PLAN REVIEW SUMMARY NUMBER FOUR DATED OCTOBER 2ND 2020. OKAY WE HAVE A MOTION.

DO WE HAVE A SECOND. SECOND.

OK, LET'S GO AHEAD AND VOTE PLEASE.

AND MOTION PASSES SIX IN THE AFFIRMATIVE, WITH ONE COMMISSIONER ABSTAINING OUR VICE CHAIRMAN. SO WITH THAT, GOOD LUCK AT THE NEXT LEVEL.

AND THANK YOU FOR HAVING A WELL PUT TOGETHER PRESENTATION.

WITH THAT WILL GO ON TO THE LAST ITEM ON OUR REGULAR AGENDA.

IF THAT'S OK WITH EVERYBODY, THEN MAYBE I'LL ASK IF ANYBODY NEEDS A QUICK BREAK.

[9. Consider: Ordinance No. 480-772, (ZA20-0048), Zoning Change and Site Plan for Lot 15, Lake Wood Acres (Landmark Office) on property described as Lot 15, Phase 1, Lake Wood Acres Addition, City of Southlake, Tarrant County, Texas and located at 750 N. Carroll Avenue, Southlake, Texas. Current Zoning: "0-1" Office District. Proposed Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING]

THIS IS ITEM NUMBER NINE ON OUR AGENDA, THE ZONING CHANGE, THE SITE PLAN FOR LOT 15 LAKE WOODS ACRES HERE ON CARROLL AVENUE.

THIS IS A ZONING CHANGE SITE PLAN REQUEST TO CHANGE ZONING FROM 0-1 OFFICE DISTRICT, SP 1 DETAILED SITE PLAN DISTRICT.

IN ORDER TO ADD SEVEN ADDITIONAL PARKING SPACES THE ZONING CHANGE FROM 0-1 TO SP ONE IS TO AFFORD THE PROVISION OF GOING OVER THE MAXIMUM 65 PERCENT PERVIOUS COVERAGE THAT'S ALLOWED FOR THIS PARTICULAR ZONING DISTRICT.

LOCATION IS AT LAKE WOOD DRIVE AND NORTH SOUTHLAKE BOULEVARD OR EXCUSE ME, NORTH CARROLL AVENUE. CURRENT ZONING 0-1 OFFICE DISTRICT REQUESTED ZONING SP ONE DETAILED SITE PLAN DISTRICT. THIS PROPERTY WENT THROUGH A SITE PLAN REVISION A LITTLE OVER A YEAR AGO, AND IN ORDER TO ADD AN ADDITIONAL BUILDING AND ADD TO THE EXISTING BUILDING ON THE PROPERTY.

THIS IS AS THE SITE EXISTED PRIOR TO THAT APPROVAL AND FOLLOWING THAT APPROVAL.

THESE ARE THE ELEVATION'S.

TREE CONSERVATION PLAN OF THE ORIGINAL APPROVAL AND APPROVED SITE PLAN OF THAT APPROVAL.

THIS IS THE PROPOSED SITE PLAN, LOCATION OF THE ADDITIONAL PARKING SPACES ARE HERE IN THE SOUTHWEST CORNER. OVERALL, IMPERVIOUS COVERAGE WOULD INCREASE TO JUST UNDER 68 PERCENT.

[03:40:03]

IN ORDER TO ADDRESS VEHICLE PARKING, SCREENING THE APPLICANT WOULD BE ADDING ADDITIONAL SHRUB'S TO THOSE LOCATIONS TO MEET THOSE REQUIREMENTS.

SITE DATA SUMMARY COMPARISON, THE DRIVING FACTOR ON THE NEED FOR PARKING IS THE ANTICIPATION OF INCREASING THE ABILITY FOR MEDICAL USE UP TO THIS 8100 SQUARE FEET. AND SOME PHOTOS OF THE SITE CURRENTLY UNDERGOING THAT BUILDING ADDITION. THESE ARE VARIANCES THAT WERE CONSIDERED WITH THE ORIGINAL APPROVAL AND WITH THIS PLAN COMING FORWARD, THESE ARE BEING READDRESSED, SO ANY MOTION MADE SHOULD REFLECT YOUR DESIRE ON ADDRESSING THESE VARIANCES.

THESE WERE IN REGARD TO THE EXISTING DRIVEWAY'S SITUATION ON THE PROPERTY AND THE ABILITY TO RETAIN THAT WITH MINIMAL IMPROVEMENT.

WITH THAT, I'LL BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE.

QUESTIONS FOR STAFF.

OK, GO AHEAD AND ASK THE APPLICANT TO COME UP, PLEASE.

I GUESS THE FIRST QUESTION I'M GOING TO HAVE IS, HAVE YOU HAD A CHANCE TO SPEAK WITH THE NEIGHBOR, I GUESS, AND MAKE SURE I GET MY GEOGRAPHY RIGHT HERE JUST IMMEDIATELY TO THE WEST, NOT NECESSARILY SAYING THE ENTIRE NEIGHBORHOOD, BUT AT LEAST JUST THE GENTLEMAN TO THE WEST. YES, SIR.

WE'VE ADDRESSED EVERYONE THAT WAS INVOLVED IN THE ORIGINAL REQUEST FOR THIS SITE APPLICATION. AND THERE'S AN INDIVIDUAL THAT KIND OF REPRESENTS ALL THE DIFFERENT NEIGHBORHOODS. AND WHEN I TALK TO HIM, HE'S SURE TO SEND OUT NOTICES TO EVERYONE IN THE NEIGHBORHOOD. AND WE ARE IN CONSTANT CONTACT WITH MR. [INAUDIBLE]. THAT'S THE INDIVIDUAL ON THE VERY WEST SIDE.

OK. NOW, I JUST WANT TO MAKE SURE THAT'S SOMETHING THAT MIGHT GET ASKED TO COUNCIL.

AND I UNDERSTAND THERE MAY BE ANOTHER INDIVIDUAL THAT FEELS LIKE THEY'RE SPEAKING FOR THE NEIGHBORHOOD. BUT MOST IMPORTANTLY, I WANT TO MAKE SURE YOU'RE JUST TALKING TO THAT GENTLEMAN JUST TO THE WEST.

THAT'S MY MAJOR CONCERN, NOT THE OTHER INDIVIDUAL.

SO FOR THIS SCOPE OF CHANGE AND IT SOUNDS LIKE YOU'VE GOT THE LANDSCAPE PLAN AS IT SHOWS HERE TO ADDRESS THAT.

SO ANY QUESTIONS OF THE APPLICANT ON THIS ONE? I HAVE A QUESTION ABOUT THE DRIVEWAY, AND IT LOOKS LIKE WE HAVE TO APPROVE THE VARIANCE AGAIN, EVEN THOUGH THERE'S NO CHANGES BEING MADE.

IS WITH THE MINIMUM 200 FOOT REQUIREMENT AND SEEING THAT IT'S ONLY 48 FEET.

DO YOU FIND THAT A PROBLEM AT ALL WITH THE TRAFFIC COMING ON AND OFF, CARROLL.

IT SEEMS TO ME THAT'S A PRETTY BIG VARIANCE.

AND IF YOU HAVE THE OPPORTUNITY TO MOVE IT, WHY ARE WE NOT MOVING IT OR IS THERE A REASON WHY WE'RE NOT MOVING IT? SO JUST KIND OF HOPING YOU CAN ADDRESS THAT.

WELL, THIS WAS KIND OF THE ISSUE ON THE THE ORIGINAL APPLICATION FOR THE CHANGE IN THE SITE PLAN, WE REALLY HAVE NO OTHER PLACE TO PUT IT.

THE CITY ORDINANCE WILL NOT ALLOW IT TO GO ON TO LAKE WOOD.

AND THEN WE DON'T HAVE SEPARATION ENOUGH FROM THE ENTRANCE INTO THE STRIP CENTER TO MAKE IT IN COMPLIANCE. AND WE ALSO DON'T HAVE ENOUGH SEPARATION FROM LAKE WOOD DRIVE TO MAKE IT IN COMPLIANCE.

SO I THINK AT THE END OF THE DAY, EVERYONE FELT LIKE THE BEST PLACE TO LEAVE THE DRIVEWAY WAS RIGHT WHERE IT WAS. ANY OTHER QUESTIONS? OK. THINK WE'RE GOOD, SIR.

IF WE NEED YOU BACK WE'LL CALL YOU BACK UP HERE.

OK, THANK YOU. ITEM NUMBER NINE ON OUR AGENDA DOES REQUIRE A PUBLIC HEARING AND WE WILL GO AHEAD AND OPEN THAT PUBLIC HEARING NOW IF ANYBODY WOULD LIKE TO COME FORWARD.

AND SEEING NO ONE WANT TO COME FORWARD.

JUST CHECKING GO AHEAD AND CLOSE PUBLIC HEARING.

ANY OTHER DELIBERATION ON THIS ONE, OR DO YOU WANT TO ENTERTAIN A MOTION? MR. CHAIRMAN? I MAKE A MOTION THAT WE APPROVE ITEM NUMBER NINE ON THE AGENDA, ZA 20-0048 SUBJECT TO THE

[03:45:04]

STAFF REPORT DATED OCTOBER 2ND 2020, FURTHER SUBJECT TO SITE PLAN REVIEW, SUMMARY NUMBER TWO DATED OCTOBER 2ND, 2020.

AND SPECIFICALLY APPROVING THE VARIANCES, REQUESTED.

WE HAVE A MOTION DO WE HAVE A SECOND.

SECOND. GO AHEAD AND VOTE PLEASE.

AND PASSES SEVEN ZERO.

A LITTLE EASIER RIDE THIS TIME.

GOOD LUCK AT THE NEXT LEVEL.

AND AGAIN, I THINK IF YOU AT LEAST CAN VOUCH THAT YOU'VE HAD THAT CONVERSATION WITH THE NEIGHBOR TO THE IMMEDIATELY TO THE WEST, I THINK THAT MY GUESS IS THAT'S WHAT ANY COUNCIL QUESTIONS WOULD COME FROM.

SO WITH THAT, WE'LL GO AHEAD HERE AT ELEVEN OR SORRY, FEELS LIKE THAT.

[LAUGHTER] 10:26 PM AND GET.

* This transcript was compiled from uncorrected Closed Captioning.