[8. Conduct a Public Hearing and consider action regarding Zoning Case Z-25-0173 to amend the current zoning of SFR-2-A (Single-Family Rural) to SFR-3-A (Single-Family Rural) on one (1) parcel of land approximately 1.01 acres ± in size, more particularly described by Williamson Central Appraisal District Parcel R570333; and more commonly known as 2700 Monte Ranch Trail, Leander, Williamson County, Texas.

Discuss and consider action regarding Zoning Case Z-25-0173 as described above.

]

FAVOR? ALL RIGHT. AND IT PASSES. EXCELLENT. AND WE'LL MOVE ON TO ITEM NUMBER EIGHT. THIS IS TO CONDUCT A PUBLIC HEARING AND CONSIDER ACTION REGARDING ZONIN. CASE Z, DASH 20 5-0173 TO AMEND THE CURRENT ZONING OF SFR TO A SINGLE FAMILY. RURAL TO SFR THREE A SINGLE FAMILY RURAL ON ONE PARCEL OF LAND APPROXIMATELY 1.01 ACRES IN SIZE. MORE PARTICULARLY DESCRIBED BY WILLIAMSON CENTRAL APPRAISAL DISTRICT PARCEL R570333 AND MORE COMMONLY KNOWN AS 2700 MONTE RANCH TRAIL. LEANDER, WILLIAMSON COUNTY, TEXAS. GOOD EVENING. GOOD EVENING. THANK YOU.

COMMISSION. THIS REQUEST IS THE FIRST STEP IN THE ZONING PROCESS. THE APPLICANT HAS SUBMITTED A REQUEST TO CHANGE THE DESIGNATED ZONING DISTRICT OF THEIR PROPERTY IN ORDER TO INCREASE THE ALLOWED ACCESSORY STRUCTURE. SQUARE FOOTAGE FOR THE LOT. AN ACCESSORY STRUCTURE IS A STRUCTURE THAT IS ANCILLARY TO THE PRIMARY USE. IN THIS CASE, THE APPLICANT HAS CONSTRUCTED A SERIES OF BUILDINGS ASSOCIATED WITH A POOL, INCLUDING A BATHROOM WITH A CANOPY COVER, AN OUTDOOR KITCHEN WITH A SEATING AREA, AND A FOUNTAIN WITH A CANOPY COVER.

THIS ZONING REQUEST IS IN RESPONSE TO A CODE ENFORCEMENT CASE FOR THE BUILDING WITHOUT A FOR BUILDING WITHOUT A PERMIT. THIS CASE WAS HEARD BY MUNICIPAL COURT, AND PART OF THE ACTION BY THE COURT WAS FOR THE APPLICANT TO COMPLETE THE FOLLOWING. TO BRING THE SITE INTO COMPLIANCE.

COMPLETE APPLICATION SUPPLY ALL REQUIRED DOCUMENTS, PAPERWORK AND CLEAR ALL COMMENTS FOR THE REQUIRED PERMITS AND FOR ZONING. COMPLETE THE APPLICATION TO REZONE THE PROPERTY, SUPPLY ALL REQUIRED DOCUMENTS AND CLEAR ALL COMMENTS. ALL THREE APPLICATIONS HAVE BEEN SUBMITTED AND THE REZONING OF THE PROPERTY IS REQUIRED TO APPROVE THE PROPOSED ACCESSORY STRUCTURE. SQUARE FOOTAGE. THE ZONING REQUEST INCLUDES CHANGING THE SITE COMPONENT FROM TYPE TWO TO TYPE THREE. THE TYPE THREE SITE COMPONENT ALLOWS FOR ACCESSORY STRUCTURES TO BE 30% OF THE GROSS FLOOR AREA OF THE MAIN STRUCTURE. THIS CHANGE IS A 10% INCREASE IN WOULD ALLOW FOR 1544FT■!S OF ACCESSORY STRUCTUR. THE TYPE TWO SITE COMPONENT WOULD ALLOW FOR 1029FT■!S OF ACCESSORY STRUCTURE ALLOWANCE. THE PROPOSED ZONING DISTRICT DOES COMPLY WITH THE COMPREHENSIVE PLAN AND IS APPROPRIATE FOR THE PROPERTIES LOCATED IN NEIGHBORHOOD RESIDENTIAL FUTURE LAND USE CATEGORY IDENTIFIED IN THE COMPREHENSIVE PLAN. SOME GENERAL INFORMATION. THE CURRENT ZONING IS SFR TWO A. IT IS IN NEIGHBORHOOD RESIDENTIAL FOR THE FUTURE LAND USE MAP. THIS WAS THE PUBLIC NOTIFICATION FOR THE 200 FOOT AND 500 FOOT BOUNDARIES, AND THIS IS THE PROPOSED ZONING, THE SFR DASH THREE A. THE PROPERTY IS LOCATED AT 2700 MONTE RANCH TRAIL, INCLUDING APPROXIMATELY 1.01 ACRES. THE PROPERTY IS LOCATED IN GREATWOOD PHASE FOUR SUBDIVISION ON THE SOUTH WEST CORNER OF MONTE RANCH TRAIL IN COUNCIL SPRINGS PASS. SOME PREVIOUS ZONING CASES OR THE SURROUNDING AREA USES INCLUDE SINGLE FAMILY RESIDENTIAL OF THAT NEIGHBORHOOD, BUT SOME PREVIOUS ZONING CASES WAS THE ZONING FOR THE SUBDIVISION ITSELF. 14 DASH Z ZERO 11 REQUESTED THE CHANGE FROM SFR INTERIM SFR DASH 1-B TO SFR DASH TWO A, AND WAS APPROVED ON AUGUST 21ST, 2014. PUBLIC NOTE IN A. IN ADDITION TO THE NOTICE MAILED ON BEHALF OF THE CITY TO ALL PROPERTY OWNERS WITHIN

[00:05:02]

200FT, THE AGENT IS REQUIRED TO REACH OUT TO ALL PROPERTY OWNERS OF THE PROPERTY ZONED AS SINGLE FAMILY, OR ANY PROPERTIES USED AS SINGLE FAMILY USES WITHIN 500FT, AS PER ARTICLE TEN, SECTION THREE D OF THE COMPOSITE ZONING ORDINANCE, ANY HOMEOWNERS ASSOCIATION LOCATED WITHIN 500FT ARE ALSO REQUIRED TO BE CONTACTED. A NEIGHBORHOOD OUTREACH WAS CONDUCTED ON MARCH 6TH, 2025, PER THE APPLICANT, THROUGH HAND-DELIVERED LETTERS PER THE APPLICANT. THE HOA WAS ALSO NOTIFIED AS OF THE SUBMITTAL OF THE APPLICATION. NO CONCERNS WERE RAISED. SINCE THEN, WE HAVE HAD INDIVIDUALS BRING UP CONCERNS ABOUT NOISE WITH THE TYPE THREE SITE COMPONENT WOULD ALLOW IN TRAFFIC CONCERNS. THE APPLICANT HAS ALSO STATED THAT A ZOOM MEETING WAS HELD ON AUGUST 11TH BY THE HOA, IN WHICH HE ATTENDED AND ANSWERED QUESTIONS. I PROVIDED SOME UPDATES TO Y'ALL FOR THE ITEM SEVEN IN YOUR PACKET. I THINK THOSE WERE HANDED OUT AT THE BEGINNING, BUT IT WAS THE EVIDENCE THAT HE PROVIDED TO ME SAYING THAT THERE WAS A MEETING AND IT'S JUST A SCREENSHOT. BUT YOU'LL BE ABLE TO SEE THE FULL REPORT IN THAT EXHIBIT SEVEN. SO THE RECOMMENDATION AS PART OF THE EVALUATION OF THIS REQUEST, THE PLANNING AND ZONING COMMISSION HAS THE FOLLOWING OPTIONS. OPTION ONE APPROVE THE PROPOSED ZONING CHANGE REQUEST AND THEN OPTION TWO DENY THE PROPOSED ZONING CHANGE REQUEST. OPTION TWO DENYING THE PROPOSING ZONING REQUEST WILL REQUIRE THE APPLICANT TO MEET THE STANDARDS OF THE CURRENT ZONING, INCLUDING THE TYPE TWO SITE COMPONENT. THIS WILL REQUIRE THE REMOVAL OF ANY STRUCTURES THAT EXCEED THE SQUARE FOOTAGE LIMIT. AN UPDATED PLAN SHOWING THE ALLOWED ACCESSORY STRUCTURE SQUARE FOOTAGE IS BEING MET PER THE TYPE TWO SITE COMPONENT. THERE'S SOME CALCULATIONS THAT I PROVIDED IN THOSE. WE'VE ALSO PROVIDED THEM UP THERE. THEY'RE A LITTLE HARD TO SEE, BUT THOSE WERE THE SAME CALCULATIONS. SO THE TOTAL OVERALL GROSS SQUARE FOOTAGE OF THE PRIMARY STRUCTURE. PER WQAD IS 5147FT■!S TOTAL ALLOWED ACCESSORY STRUCTURE SQUARE FOOTAGE, WHICH WOULD BE 20% WOULD BE WHICH IS CURRENT IS 1029FT■!S. THAT'S WHT HE WOULD BE ALLOWED CURRENTLY FOR TOTAL OVERALL ACCESSORY SQUARE FOOTAGE. BASED ON THE OVERALL SQUARE FOOTAGE FOR THE PRIMARY STRUCTURE, THE PROPOSED ACCESSORY SQUARE FOOTAGE RIGHT NOW CURRENTLY IS AT 24%. IT'S 1213FT■!S, AND IT LISTS OUT KIND OF THE BUILDING SQUARE FOOTAGE IS BROKEN OUT A LITTLE BIT RIGHT THERE. THE TOTAL ALLOWED ACCESSORY SQUARE FOOTAGE WITH A TYPE THREE SITE COMPONENT OF 30% WOULD BE 1544FT■!S. STAFF RECOMMENDS OPTION ONE, LISTED ABOVE APPROVE THE PROPOSED ZONING REQUEST. STAFF MADE THIS RECOMMENDATION BASED ON THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE. THE PROPOSED ZONING DISTRICT DOES COMPLY WITH THE COMPREHENSIVE PLAN AND IS APPROPRIATE FOR PROPERTIES LOCATED IN NEIGHBORHOOD RESIDENTIAL IDENTIFIED BY THE COMPREHENSIVE PLAN. THIS COMPONENT IS INTENDED TO BE UTILIZED WITH RESIDENTIAL COMPONENTS WHERE ACCESSORY DWELLINGS OR ADDITIONAL ACCESSORY STRUCTURES ARE APPROPRIATE AND ARE NOT PROVIDED FOR IN THE TYPE ONE OR TYPE TWO SITE COMPONENT. THE TYPE THREE SITE COMPONENT HAS BEEN USED IN OTHER RESIDENTIAL SUBDIVISIONS, INCLUDING SFR AND SFL.

SUBDIVISIONS. THE TYPE THREE SITE COMPONENT IS COMPATIBLE IS A COMPATIBLE SITE COMPONENT FOR THE SFR ZONE LOTS, AND THAT'S ALL I HAVE RIGHT NOW. I'LL BE AVAILABLE FOR QUESTIONS AFTER THE PUBLIC HEARING. OKAY. THANK YOU VERY MUCH. THANK YOU. AND WITH THAT, WE WILL OPEN THE PUBLIC HEARING. I DO HAVE A NUMBER OF PEOPLE SIGNED UP TO SPEAK. WHEN I CALL YOUR NAME, PLEASE COME UP, STATE YOUR NAME AND YOUR ADDRESS AND YOU'LL HAVE THREE MINUTES TO PROVIDE YOUR COMMENTS. OKAY, SO I'M GOING TO GO WITH THOSE WHO SUBMITTED THEIR REQUEST TO SPEAK ONLINE FIRST. SO I HAVE A JASON SIMENTAL. IS HE HERE TONIGHT? MR. SIMENTAL, WON'T YOU COME ON UP AND YOU'LL HAVE THREE MINUTES TO SPEAK AFTER YOU PROVIDE YOUR NAME AND ADDRESS. THANK YOU FOR HAVING ME. MY NAME IS JASON SIMENTAL. I STAY AT 2700 FISHING HOLE COVE. IT'S ONE ONE BLOCK OVER FROM THE FROM THE HOUSE. I CAME HERE TODAY EXPRESSED MY CONCERN FOR THE REZONING REQUEST AT 2700 MONTE RANCH TRAIL. I LIVE AT 2700 FISHING COVE, ONE BLOCK OVER. WHAT HAS TAKEN PLACE IS THAT AN LLC HAS PURCHASED THIS RESIDENCE AND IN OUR SMALL NEIGHBORHOOD AND BUILT A LARGE LIKE MOTEL SIX TYPE POOL VENUE AREA. AND MY BIGGEST CONCERN IS THE USE OF THIS VENUE. MY PERSONAL THOUGHTS IS THAT IT SEEMS THAT IT'S BEING RENTED AS A VENUE ON A REGULAR BASIS.

THESE OWNERS WILL HAVE COMPANIES COME IN AND SET UP COMMERCIAL TYPE TENTS WITH FLOORINGS.

THEY'LL BRING IN FORMAL TABLECLOTHS AND TABLES, THEY'LL BRING IN MARIACHI BANDS, THEY'LL

[00:10:03]

BRING IN MECHANICAL BULLS. THERE'LL BE AT LEAST 100 PEOPLE THERE, CARS PARKED UP AND DOWN THE ROAD ON BOTH SIDES OF THE ROAD, AT LEAST 50 CARS. YOU CAN'T YOU CAN'T EVEN DRIVE BY GOING THROUGH THERE BECAUSE THEY'RE PARKING SO MANY PEOPLE. LET'S SEE. I'M SORRY ABOUT THIS.

THE LAST EVENT, THE CARS WERE PARKED ALL THE WAY DOWN THE STREET AND PARKED IN FRONT OF MY HOUSE. THERE'S SO MANY CARS. MY CONCERN IS THAT IF IT'S REZONED, IT'S GOING TO ALLOW IT TO BUILD EVEN MORE. IT'S GOING TO OPEN THE DOOR FOR THEM TO OPEN MORE. AND WE'RE GOING TO HAVE AN EVENT CENTER IN THE MIDDLE OF OUR NEIGHBORHOOD THAT'S CREATING A IT'S CREATING A NUISANCE. AND THERE'S GOING TO BE A TIME WHERE SOMEONE'S GOING TO GET HURT WITH THESE DRUNKS LEAVING THIS, THIS PLACE. THERE'S A LARGE NEON SIGN THAT SAYS, COME DRUNK, LEAVE DRUNK. THAT'S ALL I HAVE TO SAY.

THANK YOU, THANK YOU SIR. APPRECIATE IT. ALL RIGHT, NEXT ON THE LIST, I HAVE A MISS DEBBIE GREER. IS SHE HERE TO SPEAK TONIGHT? OKAY. IF NOT, WE WILL MOVE TO OUR NEXT ROCKY QUACH. I HOPE I PRONOUNCED THAT RIGHT. CLOSE ENOUGH. ALL RIGHT. GOT IT. ALL RIGHT. GOOD EVENING.

MY NAME IS ROCKY QUACH. I LIVE AT 2540 COUNCIL SPRINGS PASS. AND SO, FIRST OF ALL, WE'RE NOT ANTI POOL. LOTS OF US HAVE THEM, I WANT ONE, MY FAMILY WANTS ONE. BUT WHAT WORRIES ME IS WHAT JASON JUST TALKED ABOUT WAS TURNING ONE BACKYARD INTO A MINI VENUE WITH A BIG OUTBUILDING PLUMBING AND A BAR BECAUSE THAT'S WHAT IT LOOKS LIKE. AND THAT CHANGES THE LOOK AND THE OF THE BLOCK AND HOW IT SOUNDS AT NIGHT WITH HOW MUCH THE HOA HOUNDS US AROUND, TRASH CANS AND LIGHTS AND WHATNOT. IT MAKES IT FEEL LIKE THEY DIDN'T. THEY WEREN'T NOTIFIED. ESTHETICALLY, I, WE, MY WIFE AND I BOUGHT HERE FOR A CALM RESIDENTIAL FEEL HOUSE FIRST, MAYBE A SMALL SHED TUCKED AWAY, BUT A LARGE POOL BUILDING WITH BATHROOMS AND A BAR LOOKS MORE LIKE A RESORT FEATURE VERSUS A HOME ACCESSORY. IT ADDS BULK, LIGHT AND HARDSCAPE THAT STAND OUT OVER THE FENCE. YOU CAN SEE IT FROM THE STREET AS YOU DRIVE BY, AND THAT'S NOT THE LOOK OF OUR STREET OR OUR NEIGHBORHOOD. NOISE AND ACTIVITY. BATHROOMS IN A BAR EQUALS PEOPLE GATHERING LONGER, AND LATER YOU GET DOORS SLAMMING, VOICES CARRYING, MUSIC, DRINKING, PLUS EQUIPMENT NOISE THAT CLASHES WITH WHAT ACTUALLY HAPPENS HERE MOST NIGHTS WHERE IT'S KIDS BEDTIME, KIDS BEDTIMES, EARLY MORNINGS, AND QUIET BACKYARDS. THE NEIGHBORHOOD FIT. THIS IS A FAMILY FOCUSED AREA. BIKES, DOGS, HOMEWORK, EARLY BEDTIMES. WE WANT HOMES, NOT ENTERTAINMENT SPACES. PLEASE KEEP THE ACCESSORY STRUCTURES MODEST AND TRULY SECONDARY TO THE HOUSE. IF YOU CHOOSE TO MOVE FORWARD TO PROGRESS WITH THIS, PLEASE MAKE IT FIT THE NEIGHBORHOOD. NO AMPLIFIED SOUND AFTER THE EVENINGS, NO BAR OR EVENT USE AND PARKING STAYS ON THE PROPERTY, NOT SPREAD OUT AND BLEEDING ONTO THE REST OF THE STREET. GIVEN THE PROPERTY IS ALREADY IN VIOLATION AND ISSUES THAT THE PROPERTY OWNER HAS GIVEN THE SURROUNDING NEIGHBORS, I QUESTION WHETHER WHETHER THEY WILL ABIDE BY THEM. THANKS FOR HELPING US KEEP OUR STREET LOOKING AND SOUNDING LIKE OUR NEIGHBORHOOD. THANK YOU SIR. ALL RIGHT, NEXT I'LL CALL UP MISS LYNETTE HERRON'S. IS SHE HERE TONIGHT TO SPEAK? OKAY. YES. I HAVE A NAME ONLINE. IF IT'S OKAY, YOU DON'T HAVE TO. IF YOU WANT TO COME ON UP, YOU CAN COME ON DOWN. THIS IS NOT THE PRICE IS RIGHT, BUT YOU CAN DEFINITELY HAVE THREE MINUTES TO SPEAK. SO. I GUESS I GUESS SO. HI, I'M LYNETTE HARNES. I LIVE AT 2740. GREAT. I'LL PASS. WE WERE ONE OF THE FIRST HOMES IN THE NEIGHBORHOOD, AND OUR DEVELOPER AND THE HOME SALES REPRESENTATIVE POSITIONED THIS NEIGHBORHOOD AS A FAMILY NEIGHBORHOOD. WE DO NOT HAVE SIDEWALKS. SO THAT'S ONE THING THAT TURNING ANYTHING INTO ANYTHING OTHER THAN A FAMILY DWELLING IS VERY DIFFICULT, BECAUSE THE PARTIES THAT HAPPEN IN THE CARS, IT'S UNABLE. I MEAN, CHILDREN CANNOT PLAY THOSE DAYS BECAUSE THERE'S NO PLACE, BECAUSE THE STREET THEN BECOMES TWO ROWS OF CARS AND LIMITED SPACE. I FEEL STRONGLY THAT IF WE'RE GOING TO TALK IMPERVIOUS COVER OR THE OTHER IDEA OF AND I DON'T KNOW IF THAT'S ON THE DOCKET EXPANDING HIS PROPERTY TO HAVE MORE COVERAGE ON HIS LOT OR IF THAT'S JUST AN HOA THING. AND I DON'T WANT TO GET THEM CONFUSED. BUT ALL OF THIS, WHAT WE'RE LOOKING TO ALL OF YOU TODAY IS TO HELP PREVENT A SLIPPERY SLOPE. AND I LIKE EVERYONE IN THIS ROOM THAT IS A MEMBER OF GREATWOOD ESTATES, REALLY PREFERS OUR FAMILIES TO

[00:15:02]

GET TOGETHER ON A NORMAL SOUND BASIS. AND IF WE WANT TO HAVE A PARTY LIKE WE DO, WE LIMIT IT TO OUR COVE, OUR HOUSE, AND OUR BACKYARD. NO ONE PARKS ON ALL THE OTHER STREETS IN THE NEIGHBORHOOD. THANK YOU VERY MUCH. THANK YOU. I'LL CALL UP NEXT, MISS CATHERINE HIDALGO.

OKAY. GOOD EVENING. MY HUSBAND AND I HAVE BEEN OWNERS IN THE GREATWOOD SUBDIVISION FOR EIGHT AND A HALF YEARS. AS A STAKEHOLDER IN THIS NEIGHBORHOOD, WE HAVE A VESTED INTEREST IN ANY PROPOSED CHANGES, AS THEY CAN HAVE A DIRECT EFFECT ON OUR INVESTMENT.

SPECIFICALLY VALUES OF OUR HOME AND ESTABLISHED CHARACTER OF OUR NEIGHBORHOOD. THE PROPOSED CHANGE AFFECTS WHAT WE ALL ORIGINALLY AGREED TO WHEN WE BOUGHT OUR HOUSE, AND IS NOT SOMETHING WE WANT FOR ONE PROPERTY IN OUR NEIGHBORHOOD. I AM AGAINST REZONING AND THIS IS WHY I READ THE EXECUTIVE SUMMARY AND IT STATES THE ZONING REQUEST IS IN RESPONSE TO A CODE ENFORCEMENT CASE FOR BUILDING WITHOUT A PERMIT. ACCORDING TO THE EXECUTIVE SUMMARY, THE GREATWOOD SUBDIVISION IS ZONED AS SINGLE FAMILY RULE TWO COMMUNITY AND HAS BEEN SO FOR 11 YEARS. THIS IS A STANDARD ESTABLISHED IN WHAT WE AGREE TO WHEN WE PURCHASED. THERE ARE RULES AND PROTOCOLS TO FOLLOW WHEN BUILDING AND WITH THIS ZONING DESIGNATION TO ENSURE YOUR PLANS ARE WITHIN THE PARAMETERS. APPROVALS ARE NEEDED FROM BOTH THE HOA AND BY OBTAINING REQUIRED CITY PERMITS. THE REMEDY THIS CASE IS SUGGESTING IS TO RETROFIT BECAUSE STRUCTURES HAVE ALREADY BEEN BUILT WITHOUT A PERMIT. I DON'T UNDERSTAND HOW A BUILDER CAN BUILD WITHOUT A PERMIT, BUT EVEN MORE SO TO TRY TO FIX BY CHANGING ZONING OF ONE PROPERTY IN OUR NEIGHBORHOOD. THIS IS A LIVE EXAMPLE OF IT'S BETTER TO ASK FOR FORGIVENESS THAN PERMISSION. WITH THIS APPROACH, A RISK IS TAKEN TO REAP POTENTIAL REWARDS. THERE SHOULD BE NO REWARD GIVEN FOR BUILDING WITHOUT A PERMIT. PERIOD. FOLLOW THE RULES. BE ACCOUNTABLE.

THAT'S OUR RESPONSIBILITY. AS A STAKEHOLDER, I EXPECT THE OTHER STAKEHOLDERS TO FOLLOW THE RULES OF OUR NEIGHBORHOOD TO INCLUDE ZONING. I DO HAVE A SIDE NOTE AND WHAT I OBSERVED, AND HOW THE OVERBUILD OF THIS PROPERTY HAS HAD A NEGATIVE IMPACT. WHEN THIS WAS FIRST CONSTRUCTED, MY HUSBAND AND I BOTH THOUGHT THIS WAS A COMMERCIAL TYPE VENUE. IT WAS JUST A THOUGHT. BUT WHEN I WITNESSED ONE OF THE PARTIES IN LATE APRIL AROUND 11 P.M, THERE WAS MUSIC BLARING, TENTS SET UP, MAYBE 30 CARS PARKED ON OUR NEIGHBORHOOD STREET, AND A MECHANICAL BULL BEING USED. I THOUGHT THIS WAS AN ISOLATED EVENT, BUT HAVE RECEIVED FEEDBACK FROM NEIGHBORS THAT IT IS NOT. THIS IS NOT THE NEIGHBORHOOD I BOUGHT INTO. THIS TYPE OF RECURRING ACTIVITY WILL AFFECT THE VALUES OF OUR HOMES AS PEOPLE WON'T WANT TO MOVE HERE. THERE IS NOT ADEQUATE PARKING ON STREETS FOR RECURRING PARTIES. ALLOWING THE OVERBUILD OF STRUCTURES WILL CONTINUE TO ENABLE THIS PROPERTY TO BECOME A KNOWN VENUE FOR LARGE EVENTS. THANK YOU. NO THANK YOU.

APPRECIATE IT. I'M GOING TO CALL MR. ROLANDO PONCE. GOOD EVENING EVERYBODY. JUST REMEMBER TO STATE YOUR NAME AND ADDRESS, PLEASE. MY NAME IS ROLANDO PONCE. MY NICKNAME IS SONNY.

THAT'S HOW MOST OF MY NEIGHBORS KNOW ME. I LIVE AT 2720 MONTE RANCH TRAIL, RIGHT NEXT TO 2700 MONTE RANCH TRAIL, WHERE THE APPLICANT RESIDES. I JUST HAVE A COUPLE OF THINGS I'D LIKE TO COMMISSION TO CONSIDER IN READING THE REQUIREMENTS FOR REZONING REQUEST TO MOVE FORWARD. TO MOVE FORWARD IN THE PACKET THAT IS SENT TO OUT TO APPLICANTS REQUESTING ONE. I DID SEE THAT THERE ARE TASKS REQUIRED TO BE COMPLETED BY THE APPLICANT FOR THE REQUEST TO MOVE FORWARD. THE FIRST ONE IS TO NOTIFY NEIGHBORS WITHIN 500 FOOT OF THE PROPERTY REQUESTING THE ZONING CHANGE. THIS DID NOT HAPPEN TO ME OR TO 12 OTHER NEIGHBORS I TALKED TO. WITHIN THE 500 FOOT OF THE OF 2700 MONTE RANCH TRAIL. OKAY, NONE OF THESE 12 SAID THEY RECEIVED ANY NOTICE FROM THE APPLICANT OF THE DESIRE TO REZONE THE PROPERTY, OTHER THAN TO HAVE NOTICE THAT OTHER OTHER THAN TO HAVE NOTICED THAT THE SIGNS THAT WERE POSTED ON THE CORNERS OF THE PROPERTY ON JULY 29TH, OR WERE TOLD BY OTHER NEIGHBORS WHO DID SEE THE SIGNS. THE SECOND REQUIREMENT WAS FOR THE APPLICANT TO CONDUCT A MEETING WITH THE NEIGHBORS, TO LISTEN TO ANY OBJECTIONS AND WORK TO RESOLVE ANY CONFLICTS. THAT DIDN'T HAPPEN EITHER. AND I LIVE RIGHT NEXT TO THIS, THIS

[00:20:02]

THIS LOCATION. OKAY. THE APPLICANT CHOSE TO OVERBUILD ON HIS PROPERTY, BEGAN TO WORK WITHOUT PROPER PERMITS. AS YOU HEARD FROM JUSTIN WITH THE CITY OF LEANDER. AND NOW AND NOW IT APPEARS THAT TO ALLEVIATE THE PROBLEM OR MAKE IT GO AWAY, THE EASY FIX IS TO JUST SIMPLY GRANT A ZONING REQUEST. SO ALL WAS GOOD. EVEN AT ZONE THREE, THE CONSTRUCTION IS TAKING PLACE IS BEYOND WHAT IS ALLOWED FOR THE SQUARE. FOOTAGE OF THE HOME AS DOCUMENTED BY THE WQAD. I DID ALSO MAKE THE PLANNING ZONING DEPARTMENT AWARE OF ANOTHER CONCRETE SLAB THAT IS POURED TOWARD THE REAR OF THE PROPERTY THAT IS READY TO HAVE A STRUCTURE BUILT ON IT. THAT SQUARE FOOTAGE SHOULD BE TAKEN INTO CONSIDERATION AS WELL. IN THESE CALCULATIONS, I WANT TO BE CLEAR THAT I HAVE NO ILL WILL TOWARDS APPLICANT. WE ALL MOVED HERE BECAUSE OF THE RESTRICTIONS, BECAUSE THERE IS TO BE SOME, BECAUSE THERE IS TO BE SOME OVERSIGHT ON WHAT IS BEING DONE ON PROPERTIES THROUGH THE ARC, THE HOA AND LEANDER FOR A PROJECT OF THIS SIZE TO GET THIS FAR, WITH NO REGARD TAKEN INTO CONSIDERATION FOR THE ESTHETICS OF THE NEIGHBORHOOD OR THE CONSIDERATION OF THE AFFECTED NEIGHBORS, WHICH IS CLEARLY REQUIRED BY THE DOCUMENT, YOU ISSUE IS CONCERNING. THE APPLICANT HAS PROVED THAT OVERBUILDING AND DOING IT WITHOUT PERMITS SHOULD SHOULD BE A THAT SHOULD BE OBTAINED PRIOR TO THE START OF THE PROJECT IS NOT A CONCERN OF THEIRS, AND THEY WILL WORRY ABOUT IT LATER. WELL, HERE WE ARE FOR THIS COMMISSION. TO GRANT THIS ZONING REQUEST WOULD BE DISASTROUS FOR THIS COMMUNITY AND FOR THE SET OF RULES THAT WE HAVE IN PLACE. WE HAVE RULES. IF WHY HAVE RULES IF YOU DON'T ENFORCE THEM? SAYING NO IS AN ANSWER AND IS OFTEN THE HARD THING TO DO. SAYING YES IS EASY JUST TO MAKE THE THING GO AWAY, NOT HAVE TO WORRY ABOUT IT ANYMORE. IN THIS CASE, THE FACTS DO NOT SUPPORT A YES TO THIS REQUEST. THE AFFECTED NEIGHBORS ARE CLEARLY IN OPPOSITION TO THE ZONING CHANGE, AND THE PERCEPTION IS TO JUST DO WHAT YOU WANT AND WE WILL BE OKAY WITH IT. THIS IS A REAL SLAP IN THE FACE OF ALL WHO DO FOLLOW THE RULES AND DO THINGS THE RIGHT WAY. SAYING YES IN THIS CASE IS A REWARD FOR DOING THINGS THE WRONG WAY. NOT HAVING THE FORTITUDE TO STAND UP FOR THE RULES. RULES THAT THE PLANNING AND ZONING COMMISSION ARE TO UPHOLD FOR THE GOOD OF THE COMMUNITY, NOT JUST ONE PROPERTY. THANK YOU. NEXT, MR. ROBERT BACH, IS HE HERE TO SPEAK TONIGHT? MR. STATE YOUR NAME AND YOUR ADDRESS, PLEASE. ROBERT BACH 2741 MONTY RANCH TRAIL. THANK YOU, COMMISSIONERS, FOR THE OPPORTUNITY TO ENTER THIS COMMENT INTO THE RECORD. MY WIFE AND I PURCHASED OUR HOUSE IN APRIL OF 2020 WITH OUR YOUNG SON. WE WERE DRAWN TO THE AREA BY THE QUIET STREETS, THE RURAL NATURE OF THE PROPERTY AND THE COMMUNITY, AND A PRIOR BUSINESS COLLEAGUE OF MINE WHO LIVED THERE AND SPOKE VERY HIGHLY OF THE COMMUNITY AND THE FAMILY NATURED ASPECTS OF THE COMMUNITY. OVER THE YEARS, WE'VE GOTTEN TO KNOW OUR NEIGHBORS, AND WE'VE REALLY ENJOYED HAVING A VERY QUIET AND PEACEFUL EXISTENCE THERE. THE BUILDING OF THE OUTBUILDINGS AROUND 2700 MONTE RANCH. I WILL NOT COMMENT ON ESTHETICS OR ANYTHING LIKE THAT, BUT THE USE OF A REZONING TO CURE AN ILL OF NOT MOVING FORWARD WITH PROPER PERMITTING SETS A VERY BAD PRECEDENT. WE DO NOT WANT TO REWARD BAD BEHAVIOR.

THE COMMUNITY STANDARDS ARE SUCH THAT WE WANT TO BE ABLE TO LIVE IN A QUIET AND PEACEFUL ENVIRONMENT. I PERSONALLY HAVE HAD TO CALL THE POLICE WITH NOISE COMPLAINTS. JULY 27TH ABOUT THIS COMMUNITY BEING ABRUPTLY AND RUDELY. ALTERED AND IMPACTED, SITTING IN MY HOUSE LISTENING TO MUSIC BLARING THROUGH MY WINDOWS. TO MY KNOWLEDGE, WE HAVE NEVER RECEIVED THE PROPER NOTIFICATION. LIVING WITHIN 200FT OF THIS RESIDENCE, NOTHING WAS HAND-DELIVERED BY THE APPLICANT. NOTHING WAS MAILED BY THE APPLICANT. THERE'S A CONTINUED PATTERN OF DISREGARD OF FOLLOWING THE RULES, AND MY FEAR IN REZONING IS THAT IT WOULD OPEN THE DOOR FOR ADDITIONAL BUILDING THAT IS COVERED BY THIS ZONING CHANGE THAT MAY HAVE COMMERCIAL IMPACTS, AS THE HOME IS OWNED BY DECORA, LLC. I WOULD LIKE TO FORMALLY AND STRONGLY INTER MY OBJECTION TO THIS ZONING REQUEST AND HOPE THAT THE COMMISSION WILL TAKE THAT UNDER ALL APPROPRIATE CONSIDERATION. I THANK YOU FOR YOUR TIME AND LOOK FORWARD TO HOPEFULLY MOVING FORWARD WITH A VERY QUIET AND PEACEFUL COMMUNITY. THANK YOU.

THANK YOU SIR. NEXT, I'LL CALL MR. RUSSELL HESS. HI, MY NAME IS RUSSELL HESS. I LIVE AT 2740 MONTE RANCH TRAIL. THANKS FOR TAKING THE TIME TO LET ME SPEAK HERE TODAY. SO I'VE LIVED IN GREATWOOD ESTATES FOR FIVE YEARS. I'M HERE TODAY TO RESPECTFULLY BUT BUT STRONGLY URGE YOU TO VOTE AGAINST THE PROPOSED ZONING CHANGE FOR 2700 MONTE RANCH TRAIL. THE PROPOSED CHANGE DOES NOT ADD VALUE TO OUR NEIGHBORHOOD FINANCIALLY, ESTHETICALLY, OR IN TERMS OF LIVABILITY. ONE OF THE STRONGEST ARGUMENTS FOR ZONING CHANGES IS THAT THEY ENHANCE PROPERTY VALUE AND COMMUNITY DESIRABILITY. IN THIS CASE, THE OPPOSITE IS TRUE. ALLOWING THIS MODIFICATION SETS

[00:25:01]

A PRECEDENT THAT WEAKENS THE UNIFORMITY AND CONSISTENCY THAT BUYERS LOOK FOR WHEN THEY INVEST IN A HOME. FUTURE BUYERS WILL SEE IRREGULAR DEVELOPMENT AND REDUCED COHESION, WHICH HISTORICALLY DRIVES DOWN MARKET VALUES. EQUALLY IMPORTANT, THIS CHANGE WOULD REDUCE THE ESTHETIC APPEAL AND CHARACTER OF OUR NEIGHBORHOOD. OUR STREETS AND OUR HOMES WERE PLANNED WITH A CERTAIN VISUAL AND FUNCTIONAL BALANCE. THIS PROPOSAL DISRUPTS THAT BALANCE NOT JUST FOR ONE PROPERTY, BUT FOR THE ENTIRE BLOCK. ONCE YOU OPEN THE DOOR FOR THIS PIECEMEAL ALTERATIONS, THE CHARACTER AND OF THIS COMMUNITY ERODES. AND THE VERY CHARM THAT ATTRACTED ALL OF US HERE TODAY IS DISAPPEARS. OUR CURRENT ZONING ZONING WAS DESIGNED TO ENSURE THAT ALL RESIDENTS BENEFIT FROM A VISUAL, VISUALLY CONSISTENT AND WELL MAINTAINED NEIGHBORHOOD ENVIRONMENT, AND THIS PROPOSAL CHIPS AWAY AT THOSE PROTECTIONS, LEAVING THE COMMUNITY WITH MORE VULNERABLE TO FUTURE CHANGES THAT COULD FURTHER DIMINISH ITS APPEAL. FINALLY, I WANT TO I WANT TO STRESS THE DECISION IS JUST ISN'T JUST ABOUT ONE PROPERTY. IT'S ABOUT SETTING A PRECEDENT. IF GRANTED HERE, SIMILAR CHANGES WILL FOLLOW AND WE WILL QUICKLY LOSE THE COHESIVE, HIGH QUALITY ENVIRONMENT THAT OUR ZONING RULES WERE PUT IN PLACE TO PROTECT. IN CONCLUSION, THE PROPOSAL OFFERS NO CLEAR BENEFIT TO THE BROADER COMMUNITY, RISKS LOWERING OUR PROPERTY VALUES AND DIMINISHES OUR NEIGHBORHOODS ESTHETICS, AND UNDERMINES THE VERY ZONING PRINCIPLES THAT PROTECT US ALL. I RESPECTFULLY ASK YOU TO VOTE NO ON THE ZONING CHANGE AND PROTECT THE INTEGRITY OF OUR NEIGHBORHOOD. THANK YOU. THANK YOU SIR. NEXT, I'LL CALL MR. ANTHONY ROBERTS. YOU STATE YOUR NAME AND ADDRESS, PLEASE, SIR. SO, ANTHONY ROBERTS, I LIVE AT 2690 COUNCIL SPRINGS PASS. I WOULD JUST LIKE TO BRING UP AS FAR AS THE APPLICANT APPLICATION GOES, ITEMS ONE, THREE AND FOUR. THESE WEREN'T COMPLETED AND IN FACT THEY'RE ALMOST BLATANT DISRESPECT. AND I SAY THAT BECAUSE ON FEBRUARY 24TH, I RECEIVED A LETTER FROM MR. DIAZ IN MY BUSHES THAT IS SAYS WE ARE WRITING TO INFORM YOU OF THE CHANGE IN PROPOSED PROPERTY LOCATED AT 2700 MONITOR HILL. THIS PROPOSED. THIS PROPERTY CURRENTLY IS ZONED AT TWO IS REQUESTING TO GO TO ZONE THREE AND THEN IT JUST ASKS TO REACH OUT. ON ITEM NUMBER ONE. IT SAYS HE NOTIFIED PEOPLE ON MARCH 6TH. NOT ONLY DID HE NOT NOTIFY ANYBODY ON MARCH 6TH, OBVIOUSLY THAT WAS ON FEBRUARY 24TH. HE CHANGED THE LETTER. SO IT NOW STATES THAT WE ARE WRITING TO INFORM YOU OF AN UPDATED PROPOSED ZONING CHANGE AT MONEY RAIL TRAIL AND THEN GIVES DETAIL WHICH IS THIS IS ACTUALLY IN Y'ALL'S APPLICATION. SO HE CHANGED THE LETTER AND THEN HE DIDN'T SEND IT OUT TO THE NEIGHBORHOOD. ITEM NUMBER THREE PROPOSED CONCERNS WITH COMMUNICATIONS. I EMAILED HIM ON FEBRUARY 28TH. HOPE ALL IS WELL. I GOT YOUR NOTIFICATION IN ZONING AND WAS WONDERING WHAT THE DIFFERENCE WAS BETWEEN ZONE TWO AND THREE AND WHAT THE PLAN IS FOR THE PROPERTY. I RECEIVED ZERO INFORMATION BACK FROM HIM, SO THE FACT THAT HE IS CHANGING HIS APPLICATION FOR YOU GUYS AND NOT DOING IT FOR THE FOR THE PEOPLE IN THE NEIGHBORHOOD IS A LITTLE DISTURBING TO ME. THE FACT THAT HE DIDN'T GO OUT TO ALL 28 NEIGHBORS WITHIN THE WITHIN THE 200 OR 500 FOOT ZONE IS ALSO DISTURBING. SO ONE, HE DIDN'T GO ON FEBRUARY 24TH TO EVERYBODY IN THAT 500 FOOT ZONE AND DISTRIBUTE A NOTIFICATION. AND TWO, HE CHANGED THAT NOTIFICATION ON MARCH 6TH, I ASSUME MARCH 6TH. HE ACTUALLY TURNED IN HIS APPLICATION ON MARCH 28TH. I THINK THIS KIND OF GOES TO WHAT EVERYBODY ELSE IS SAYING. YOU CAN'T TRUST SOMEBODY WHO'S ALREADY CHANGING THE APPLICATION. IF I APPLY TO A COLLEGE AND CHANGE TRIED TO AND SUBMIT AN APPLICATION THAT WAS INCORRECT, I WOULDN'T GET ACCEPTED. IF I GAVE YOU GUYS A BUILDING PERMIT AND CHANGED IT OR TRIED TO GIVE YOU FALSE INFORMATION, YOU GUYS WOULD NOT LET ME BUILD THAT BUILDING. HE ALREADY TRIED TO BUILD SOMETHING. HE HAS ALREADY CHANGED HIS APPLICATION AND NOT DONE THE THINGS THAT ARE IN THE APPLICATION. I JUST THINK THAT THAT'S A REASON TO OBVIOUSLY SAY NO THANK YOU, THANK YOU SIR. AND THEN LAST SIGNED UP. I HAVE A MISS JULIA LITTLETON. HI. MY NAME IS JULIA LITTLETON. I LIVE AT 2620 GREAT AL PASS AND I'M SPEAKING ON BEHALF OF MY HUSBAND, JASON LITTLETON, WHO IS THE CURRENT HOA. PRESIDENT AND MYSELF. HE JUST COULD NOT BE HERE TONIGHT. WE ARE RESIDENTS OF THE GREATWOOD ESTATES. AND SPEAKING TONIGHT IN OPPOSITION TO THE ZONING CHANGE REGARDING THE PROPERTY AT 2700 MONTE RANCH TRAIL. WHILE WE RECOGNIZE THAT THE GREATWOOD HOA ARCHITECTURAL REVIEW COMMITTEE PROVIDED CONDITIONAL APPROVAL FOR THE PROJECT ON APRIL 17TH, 2024, WE WOULD LIKE TO HIGHLIGHT SEVERAL

[00:30:06]

CONCERNS THAT WE BELIEVE MERIT CLOSE SCRUTINY BEFORE ANY ZONING CHANGES ARE APPROVED. FIRST, THE CONDITIONAL HOA APPROVAL EXPLICITLY STATES THAT ALL MUNICIPAL CODES AND SETBACKS MUST BE FOLLOWED, AND THAT IT IS THE RESPONSIBILITY OF THE HOMEOWNER TO OBTAIN ALL NECESSARY PERMITS PRIOR TO BEING CONSTRUCTION. DESPITE THIS, THE APPLICANT MOVED FORWARD WITHOUT OBTAINING A CITY PERMIT, ONLY SEEKING APPROVAL AFTER THE FACT. APPROVING THIS REQUEST, POST-CONSTRUCTION SENDS A TROUBLING MESSAGE TO BOTH HOMEOWNERS AND DEVELOPERS THAT THE CITY'S REGULATORY REGULATORY PROCESS IS OPTIONAL AND VIOLATIONS MAY BE RETROACTIVELY APPROVED IF CAUGHT. THAT UNDERMINES THE STANDARDS WE ALL RELY ON TO MAINTAIN ORDER AND FAIRNESS IN DEVELOPMENT. SECOND, WHILE THE REQUESTED ZONING CHANGE MAY ALIGN WITH THE GREATWOOD ART CONDITIONALLY APPROVED, GRANTING THIS CHANGE COULD SET A DANGEROUS PRECEDENT.

ONCE WE OPEN THE DOOR FOR ZONING CHANGES TO ACCOMMODATE UNAPPROVED DEVELOPMENT. WHAT STOPS OTHERS FROM BYPASSING THE PROCESS AND SEEKING FORGIVENESS RATHER THAN PERMISSION? THIS NOT ONLY WEAKENS THE CITY'S ZONING AUTHORITY, BUT COULD LEAD TO A CASCADE OF SIMILAR REQUESTS THAT ERODE THE INTEGRITY OF FUTURE LAND USE PLANNING. THIRD, AND FINALLY, THE APPLICANT HAS HAS NOT ACTED IN GOOD FAITH THROUGHOUT THIS PROCESS, FROM INITIATING CONSTRUCTION WITHOUT THE REQUIRED PERMIT TO INACCURACIES AND MISREPRESENTATIONS IN THE NEIGHBORHOOD OUTREACH SUMMARY, SUCH AS CLAIMING HOA NOTIFICATION AND APPROVAL THAT DID NOT OCCUR. THERE IS A CLEAR PATTERN OF BYPASSING PROPER PROCEDURE, REWARDING THIS BEHAVIOR WITH A ZONING CHANGE SETS THE WRONG EXAMPLE FOR OUR COMMUNITY. RESPECTFULLY, WE URGE THE COMMISSION TO CONSIDER THE BROADER IMPLICATIONS OF THIS CASE. ZONING REGULATIONS EXIST FOR A REASON TO PROVIDE CLEAR EXPECTATIONS, MAY MAINTAIN NEIGHBORHOOD STANDARDS, AND ENSURE TRANSPARENT, GOOD FAITH DEVELOPMENT. ALLOWING THIS CHANGE WOULD COMPROMISE THOSE PRINCIPLES. THANK YOU FOR YOUR TIME AND CONSIDERATION. THANK YOU. THAT'S THE LAST PERSON I HAVE OFFICIALLY SIGNED UP. IS ANYBODY ELSE HERE WISHING TO SPEAK TONIGHT? THAT IS OKAY.

PLEASE COME UP, SIR. STATE YOUR NAME AND YOUR ADDRESS AND YOU'LL HAVE THREE MINUTES. OKAY. IS THAT THE APPLICANT? OKAY. WELL, I KNOW I KIND OF SKIPPED OVER THE THINGS. IS THERE ANYBODY ELSE WISHING TO SPEAK TONIGHT? OKAY. THE APPLICANT, CAN YOU COME ON UP, SIR, I APOLOGIZE FOR. YEAH. OKAY. I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING. WE'LL LET THE APPLICANT COME UP AND SPEAK. THANK YOU. YEAH. NO, NO. YEAH, I GOT IT. NO. HE KNOWS. YEAH. YEAH.

BECAUSE YOU'RE THE APPLICANT, SIR. YOU DON'T HAVE TO ADHERE TO THE THREE. OKAY. SO YEAH, MY NAME IS JESSE DIAZ. I'M THE OWNER AT 2700 MONTE RANCH TRAIL. YEAH, YEAH. THANK YOU. HE'S THE APPLICANT. YEAH. HE'S GOOD. YEAH. SORRY. I WENT BACKWARDS. IT'S MY FAULT. SORRY. THAT'S ALL RIGHT. GO AHEAD. SIR. SO I'M THE OWNER OF 2700 MOUNTAIN RANCH TRAIL. THEY SAY IT'S A BUSINESS.

IT'S NOT A BUSINESS. IT'S MY HOME. I BOUGHT IT THROUGH MY LLC, SO THIS IS WHAT'S LLC. THE POOL IS BIG. IT'S WE. I HAVE THREE KIDS, SO WE HANG OUT A LOT. I MEAN, I DON'T KNOW HOW TO SAY IT, BUT I THINK WHAT I'M DOING IS HAVING FUN WITH MY FAMILY, AND I DON'T SEE ANYTHING WRONG WITH THAT. YES, I DO UNDERSTAND THERE IS SOME PART THERE'S BEEN JULY OR I'M SORRY, APRIL 24TH OR WHATEVER. THAT WAS MY BIRTHDAY PARTY. WE HAD A MECHANICAL POOL. YES WE HAD. I SET UP TENTS. YES, IT'S A BIG PARTY, HONESTLY. BUT THIS IS THE PROPOSED OR THIS IS WHAT'S IN THERE NOW. SO THAT ONE WITH THE WATERFALL, THE ONE WITH THE SOFA ON THE, ON THE SIDE. THOSE ARE BUILT ALREADY. I'M PROPOSING THE ZONING CHANGE FOR THE KITCHEN AREA. IT'S A SUNKEN KITCHEN AREA, AND THAT'S REALLY ALL IT IS. I'M JUST TRYING TO GET IT COVERED. GET SOME SHADE FOR WHEN WE HANG OUT THERE. WHICH IS THAT RIGHT THERE? MAINLY I'M TRYING TO JUST FINISH OFF WHAT I'M DOING, THAT THERE WAS PERMITS FOR EVERYTHING. MY POOL BUILDER HAD EVERYTHING. THE ONLY THING THAT HE DID NOT PUT WAS STRUCTURES I GUESS IS WHAT CAME BACK. ENDED UP FIRING THE POOL GUY BECAUSE I. I TRAVEL A LOT FOR WORK. I'M GONE A GOOD 80% OF MY TIME FOR MY HOUSE, 80 TO 90%, EVEN SOMETIMES. SO I FIRED THE POOL BUILDER. AND THEN I STARTED DOING EVERYTHING ON MY OWN. WHEN I COME IN, WHEN I GO BACK, I TRY TO TAKE CARE OF EVERYTHING. AS YOU SEE, IT'S NOT MAKING IT LOOK UGLY, DOES IT? WILL IT RAISE VALUE TO THE HOUSES? I BELIEVE SO IT WILL RAISE VALUE TO

[00:35:02]

MYSELF, TO MYSELF AND TO ANY HOUSES AROUND THERE IN THE NEIGHBORHOOD. IT IS BUILT HONESTLY, LIKE A RESORT STYLE. MY WIFE LIKES LIKES RESORTS, I DON'T. I LIKE GOING VACATION, KIND OF DOING OTHER THINGS AND JUST RESORTS TO ME. BUT IT'S NOT A BUSINESS. WE DON'T HAVE PARTIES THAT ARE CATERED FOR BUSINESS, I SHOULD SAY. IT'S JUST PARTIES FOR MYSELF AND MY FAMILY. THAT'S WHAT IT IS RIGHT THERE, I, I CAN'T, I MEAN, I DON'T EVEN KNOW WHAT TO SAY.

LIKE, HONESTLY, IT'S JUST IT'S NOT A BUSINESS. IT'S NOT ANYTHING MORE THAN SOME FAMILY, FRIENDS AND, AND MY FAMILY WHEN WE GET TOGETHER. OKAY. THANK YOU AND STICK AROUND. I THINK WE MAY HAVE SOME QUESTIONS FOR YOU AS WE GO INTO DISCUSSION HERE. OKAY. THANK YOU. THANK YOU FOR YOUR TIME. THANK YOU. ALL RIGHT. WITH THAT, WE WILL ENTER INTO DISCUSSION. I'LL START TO MY RIGHT, COMMISSIONER MAHAN. OKAY. SO. BEFORE I GET STARTED, I'LL BRING IT OUT INTO THE OPEN. I LIVE IN THIS NEIGHBORHOOD. I I'M I'M A COMMUNITY MEMBER, JUST LIKE THOSE OF MOST OF THE PEOPLE IN THE AUDIENCE TONIGHT. RIGHT. BUT I HAVE NOT VOTED ON THIS. I HAVE NOT DISCUSSED THIS CASE WITH ANYONE. I HAVE NOT DONE ANY ARCHITECTURAL REVIEW. I'M NOT ON THE BOARD. SO I JUST WANTED TO MAKE SURE THAT THAT'S WHY I HAVEN'T RECUSED MYSELF, BECAUSE IN THE SIX YEARS I'VE BEEN HERE, I'VE NEVER SEEN ANYTHING LIKE IT. SO I THINK IT'S GOING TO BE, YOU KNOW, KIND OF KIND OF INTERESTING TO DISCUSS. MR. DIAZ. SUPPLIED SAID THERE WAS A MEETING ON MONDAY NIGHT. THERE WAS I WAS THERE I PRESENTED TO THE COMMUNITY WHAT IT DOES AND DOES NOT ALLOW WHAT THIS MEANS BECAUSE AS YOU SAW FROM SOME OF THE COMMENTS THAT WERE SENT IN LAST WEEK, THERE WERE SOME MISCONCEPTIONS ABOUT SOME THINGS I WANTED TO DISPEL THAT. SO WE DIDN'T HAVE THOSE COMMENTS TONIGHT. AND WE'RE TALKING MORE ABOUT EDUCATING THAN ACTUALLY DELIBERATING. AND I APPRECIATE THE COMMUNITY FOR LISTENING AND COMING UP TONIGHT AND DOING THAT AND STICKING TO SOME OF THE OTHER, OTHER POINTS. I ALSO WANT TO POINT OUT, THOUGH, THAT AS A ZONING COMMISSION, WE ARE HERE TO FOCUS ON THE ZONING, RIGHT. THIS IS A ZONING CASE. THIS ISN'T AN LPD OR OR. SORRY CODE ENFORCEMENT CASE WHERE WE'RE TALKING ABOUT NOISE ORDINANCES BEING BROKEN, TRAFFIC PARTIES ARE OUT LATE AT NIGHT, YOU KNOW, AND I WOULD SUGGEST THAT YOU GUYS CONTINUE TO USE THOSE OUTLETS, BUT THAT SHOULD HAVE NO BEARING. JUST LIKE I TELL DEVELOPERS, ECONOMIC DEVELOPMENT IS NOT WHAT WE DO. CODE ENFORCEMENT, LPD STUFF IS NOT WHAT WE DO EITHER. SO THAT THAT'S NOT GOING TO HAVE ANY BEARING ON WHAT I HAVE TO SAY TONIGHT. AROUND THAT AND ALMOST EVERYTHING I SAY, WELL, EVERYTHING I'M GOING TO SAY IS GOING TO HAVE TALK ABOUT THIS.

ALSO, IT'S, YOU KNOW, THE APPLICANT CAME UP. IT'S NOT ABOUT A COVERING BECAUSE I CONFIRMED THAT WITH MISS GRIFFIN EARLIER. THIS IS ABOUT THE SQUARE FOOTAGE. SO THE IMPERVIOUS COVER THAT'S ALLOWED ON THE LOT. MR. DIAZ MAY HAVE RUN INTO THE CODE ENFORCEMENT ISSUE WHEN HE WAS TRYING TO GET PERMIT FOR THE COVER, BUT THAT'S BECAUSE YOU'RE OUT OF COMPLIANCE WITH THE IMPERVIOUS COVER, WHICH IS THE CONCRETE BASE ON THE FLOOR. SO I JUST WANT TO MAKE SURE THAT WE'RE ALL CLEAR ABOUT WHAT WE'RE TALKING ABOUT AND WHAT WE'RE NOT TALKING ABOUT.

AND I HAVE A LOT OF QUESTIONS, BY THE WAY, I GOT TWO PAGES OF QUESTIONS UP HERE. SO, YOU KNOW, PLEASE BEAR WITH ME AND, AND MY FELLOW COMMISSIONERS, PLEASE BEAR WITH ME AS WELL. BECAUSE LIKE I SAID, I'VE BEEN UP HERE CONTINUOUSLY LONGER THAN EVERYONE. BUT ABOUT THE SAME TIME AS COMMISSIONER LANTRIP THERE. BUT I'VE NEVER SEEN ANYTHING LIKE THIS. SO I DO HAVE SOME QUESTIONS. SO MY FIRST, MY FIRST FEW QUESTIONS ARE FOR STAFF AND, AND I JUST AND I SENT THESE AHEAD OF TIME TO MISS GRIFFIN JUST SO THAT. BUT I ALSO WANTED INTO THE RECORD BUT THIS REGARDLESS OF APPROVAL OR DENIAL AT PLANNING AND ZONING, THIS IS STILL A ZONING CASE. SO IT GOES TO COUNCIL FOR FINAL DETERMINATION, CORRECT? YES. OKAY. YEAH. THAT'S CORRECT OKAY.

THANK YOU. SO IT'S SCHEDULED FOR THE FIRST COUNCIL READING NINE DASH 18. SO SEPTEMBER 18TH AND THEN THE SECOND IS SCHEDULED FOR OCTOBER 2ND RIGHT NOW. SO THAT'S JUST TO LET THE COMMUNITY KNOW AND THE APPLICANT BECAUSE THE APPLICANT SHOULD BE THERE TOO IF YOU ASK ME. BUT REGARDLESS OF WHAT HAPPENS HERE TONIGHT IT'S GOING TO GO TO COUNCIL. AND THEY HAVE THE FINAL SAY IN THIS. SO YOU NEED TO MAKE SURE THAT YOUR VOICES ARE HEARD AT THAT VENUE AS WELL. SO 918 IS THE FIRST READING. SO THAT'S WHEN THEY WILL DO THE MAIN DELIBERATION. AND IF THEY VOTE A SPECIFIC WAY IT DOESN'T GET DOES IT. WILL IT GET A SECOND READING OR IS THAT DETERMINED BASED ON HOW THEY VOTE? SO IF THEY DENY IT THERE'S NO SECOND READING. YEAH OKAY. GOOD. OKAY. SO I JUST WANT TO MAKE SURE EVERYONE UNDERSTANDS KIND OF THE PROCESS AROUND THAT. AND, AND YOU TALKED IN YOUR APPLICATION ABOUT HOW THE OVERALL SQUARE FOOTAGE OF THE PRIMARY STRUCTURE. SO THAT

[00:40:04]

BUILDING ONE, 2 OR 3 WHATNOT IS IN IN THE IN THE PACKET IT SAYS BUILDING ONE IS 320FT■!S, TWO IS 180 AND THREE IS 713. THE POOL IS NOT INCLUDED. SO THEN WITH THE POOL, THAT'S GOING TO BE EVEN MORE THAN THE 1213 REQUESTED IN THE ACCESSORY STRUCTURE SQUARE FOOTAGE. WE ONLY CONSIDER THE SHEDS, SO ANY STRUCTURES THAT ARE OVER FOUR FEET AND WE ONLY REQUIRE PERMITS FOR ANY STRUCTURES OVER 120FT■!. BUT EVEN THOUGH YOU WOULD STILL APPLY THOSE ACCESSORY STRUCTURES THAT WEREN'T PERMITTED TO THAT OVERALL CALCULATION, BUT THEY WOULD HAVE TO. IT'S LIKE SHEDS, PATIO COVERS, MAYBE SOME CASITAS, BUT POOLS WOULDN'T BE CONSIDERED IN THAT, IN THAT, IN THAT PERCENTAGE. AND THAT ALLOWED ACCESSORY STRUCTURE PERCENTAGE. BUT WHAT WHAT GIVES THEM EXEMPTION. THAT'S REALLY WHAT I'M TRYING TO GET TO. BECAUSE IF THE POOL ISN'T EXEMPT FROM THAT, BEING A PART OF THAT 20% ACCESSORY STRUCTURE LIMIT, THEN WITH THE POOL, THEN IT DEFINITELY BLOWS UP MORE THAN THAN HERE. ALL RIGHT. I THINK YOU'RE YOU MENTIONED THAT IT'S IMPERVIOUS COVER. BUT WE'RE TALKING STRUCTURES, NOT IMPERVIOUS COVER. WE DON'T HAVE A LIMIT ON IMPERVIOUS COVER. SO A POOL WOULD BE A SEPARATE CATEGORY WOULD BE ITS OWN PERMIT. IT WOULDN'T BE PERMITTED AS AN ACCESSORY STRUCTURE. AND OKAY, SO THEN NOW I'M GOING TO GO BACK TO THE ZONING ORDINANCE. AN ACCESSORY BUILDING OR ACCESSORY STRUCTURE MEANS A BUILDING OR STRUCTURE THAT'S INCIDENTAL TO AND CUSTOMARILY ASSOCIATED WITH THE PRINCIPAL STRUCTURE ON THE SAME SITE, ATTACHED TO OR DETACHED FROM THE MAIN BUILDING, NOT USED FOR COMMERCIAL PURPOSES AND NOT RENTED. INCLUDES, BUT IS NOT LIMITED TO SWIMMING POOLS.

[00:45:03]

THAT'S THE FIRST THING. THEIR POOL HOUSES, CABANAS. WORKSHOPS, DECKS. I'M STILL FAILING TO UNDERSTAND HOW THAT DOESN'T GET INCLUDED. WE'VE NEVER CONSIDERED POOLS IN ACCESSORY STRUCTURE SQUARE FOOTAGE. OKAY. IF YOU. SORRY, IF IT WAS ABOVE GROUND THEN IT WOULD BE CONSIDERED STRUCTURE. IF IT'S OVER FOUR FEET, WE CONSIDER IT. BUT IF IT'S IN-GROUND, WE WOULDN'T CONSIDER IT AS A ACCESSORY STRUCTURE. YEAH, YEAH. IF IT'S ABOVE GROUND, WE WOULD CONSIDER IT AS A STRUCTURE. IF IT'S UNDERGROUND, THEN IT'S CONSIDERED POOL. OKAY. BECAUSE NOW I'M JUST COMPLETELY CONFUSED WITH WITH THIS WHOLE THING. BECAUSE, YOU KNOW, YOU SAID, MR. HUNT, THAT IF YOU WANTED TO CLASSIFY SOMETHING AS A RECREATIONAL BUILDING, THERE'D BE A PROCESS TO DO THAT. BUT IF I DON'T KNOW WHAT THAT IS, HOW DO WE EXPECT THE COMMUNITY TO KNOW? RIGHT. BECAUSE BECAUSE I WANT I HONESTLY, I CAME INTO THIS AND YOU KNOW, I'LL SHARE THIS WITH EVERYONE GOING, WHY ARE WE EVEN HAVING THIS? IS IT EVEN NEEDED? RIGHT. IT SEEMS TO ME THAT A POOL, THE POOL COMPLEX, IS KIND OF A RECREATIONAL TYPE BUILDING. SO WHY ARE WE EVEN WORRYING WITH THIS? BECAUSE THAT'S EXEMPT FROM THE CALCULATIONS. BUT NOW YOU'RE SAYING THAT THE POOL ISN'T INCLUDED. IT'S NOT INCLUDED IN THE SQUARE FOOTAGE, BUT IT'S AN ACCESSORY BUILDING. WE TREAT IT AS AN ACCESSORY BUILDING, BUT WE DON'T TREAT IT AS AN ACCESSORY BUILDING. SO LIKE I SAID, IT'S GOING TO I'M GOING TO WALK AWAY FROM HERE TONIGHT WITH PROBABLY MORE QUESTIONS THAN I HAVE ANSWERS. SO I'LL JUST MOVE ON FROM FROM THIS. SO ARE THERE OTHER. YEAH. I WAS TRYING TO FEVERISHLY READ THE ORDINANCE. THANK YOU. SO IN OUR ORDINANCE, WE HAVE A SECTION THAT DESCRIBES WHAT A STRUCTURE IS. AND IT SAYS IT'S A BUILDING OR ANYTHING CONSTRUCTED OR ERECTED ON THE GROUND, WHICH IS ATTACHED TO SOMETHING LOCATED ON THE GROUND.

AND IT GIVES ITEMS LIKE CELL TOWERS, SHEDS, COVERED PARKING, RETAINING WALLS OVER FOUR FEET IN HEIGHT, PERMANENT SIGNS AND OTHER SIMILAR IMPROVEMENTS. SO WE HAVE DIFFERENT ELEMENTS TO OUR CODE. AND HISTORICALLY, THE CITY HAS NOT RECOGNIZED THE POOLS AND ACCESSORY STRUCTURE.

IT'S A IT'S A POOL AND THEY HAVE TO FOLLOW THE SETBACK REQUIREMENTS OKAY. THAT'S FAIR.

SO ARE THERE OTHER RESIDENTIAL PROPERTIES IN THE CITY THAT ARE PART OF AN ORGANIZED NEIGHBORHOOD THAT ARE ZONED DIFFERENTLY THAN THE REST OF THAT NEIGHBORHOOD? NOT THAT I'M AWARE OF? OKAY. SO I'M I'M A BIG PERSON ON PRECEDENT. SO WE'LL PUT THAT ONE TO THE SIDE FOR LATER. AND YOU GUYS WILL HEAR THAT IN A SECOND. AND THEN I GUESS MY, MY ONE OF MY LAST QUESTIONS FOR STAFF IS DOES IT NEED TO BE REZONED OR COULD WE JUST DO A VARIANCE. WE'RE TALKING ABOUT 184FT■!S. SO IS THERE A NEED TO REZONE IT TO SF, SFR 2 OR 3 A LEAVE IT AT SFR TWO A BECAUSE THAT PREVENTS ANY ADDITIONAL BUILDING, WHICH WOULD EASE SOME OF THE NEIGHBOR'S FEARS ANYWAY. BUT SOME OF THE CONCERNS. BUT AGAIN, WE'RE ALSO ONLY TALKING ABOUT 184FT■!S. SO.

SO A VARIANCE IS USED WHEN YOU HAVE A HARDSHIP ON A PROPERTY, LIKE THERE'S A NATURAL FEATURE THAT'S CAUSING THE LITERAL ENFORCEMENT OF THE CODE TO BE CHALLENGING. WHENEVER YOU CAN CURE THE PROBLEM THROUGH ZONING, YOU'RE SUPPOSED TO TAKE THAT PATH. THERE ARE OTHER ITEMS WE COULD THINK ABOUT THAT DIDN'T MAKE SENSE TO STAFF WHEN WE WERE REVIEWING THE REQUEST, BUT YOU COULD LOOK AT DOING LIKE A PUD TO HAVE ALTERNATIVE STANDARDS. BUT THIS ONE WAS JUST THE MOST LOGICAL PATH. OKAY. AND THEN NOW I HAVE A COUPLE OF QUESTIONS FOR THE APPLICANT. SO THANK YOU. MR. THANK YOU, MR. DIAZ. SO MY FIRST QUESTION, I THINK YOU ANSWERED THAT A LITTLE BIT WHEN YOU WERE TALKING THROUGH THIS. I THINK I KNOW THE ANSWER, BUT DID YOU HIRE A CONTRACTOR FOR THIS WORK? YES I DID. IS THERE A REASON WHY EITHER YOURSELF OR YOUR CONTRACTOR DIDN'T GET PROPER PERMITTING? HE HAD HE HAD FILED A PERMIT COMPLETELY. I THINK THERE WAS A MISCOMMUNICATION. SO I DO STEEL WORK MYSELF. SO I HAD TOLD HIM, YOU KNOW, DO EVERYTHING, BUT I WANT TO ERECT MY OWN STEEL. THAT WAY I CAN DO IT AS WELL AS I CAN. AND I THINK WHAT HAPPENED, HE HE WAS GOING THROUGH IT AND HE GOT IT STARTED GETTING BUILT. AND THEN THE WHOLE PERMIT DEAL CAME UP AND I WAS LIKE, OBVIOUSLY MAD THAT HE DIDN'T PULL THAT PERMIT BECAUSE IT SHOULD HAVE BEEN A WHOLE PERMIT FOR EVERYTHING, 100% DONE. I JUST WANTED TO DO THE RECTOR LIKE ALMOST LIKE A SUBCONTRACTOR FOR HIM, I GUESS, AND JUST DO IT MYSELF. OKAY. THAT WAS MY ONLY QUESTIONS FOR

[00:50:01]

YOU, MR. DIAZ. I MEAN, THE OTHER COMMISSIONERS MAY HAVE SOMETHING, BUT THAT WAS IT FOR ME. I THINK, FOR ME TO SUM IT UP FROM FROM MY FELLOW COMMISSIONERS HERE. AND YOU HEARD SOME OF THE COMMENTS HERE. I, I'M, I'M BIG AGAINST REWARDING BAD BEHAVIOR. RIGHT.

AND I'M NOT SAYING THAT YOU ACTED IN BAD FAITH BECAUSE THAT'S WHY I ASKED THAT QUESTION. I WANTED TO HEAR KIND OF YOUR SIDE OF THAT. BUT FROM A CITY'S PERSPECTIVE NOW WE'RE SAYING, OH, YOU BUILT WITHOUT COMING IN AND ASKING US FIRST. THAT'S OKAY. WE'LL GO TAKE CARE OF IT FOR YOU. RIGHT? I THINK THAT SENDS A BAD MESSAGE, TO BE HONEST. IT SENDS A BAD MESSAGE NOT JUST TO HOMEOWNERS, BUT TO OTHER DEVELOPERS THROUGHOUT THE CITY THAT, YOU KNOW, IF YOU GET CAUGHT, THEN THE CITY WILL TAKE CARE OF IT. THE SECOND. AS I ASKED MR. HUNT, IS DO WE HAVE ANYTHING SIMILAR? I THINK IT SETS A BAD PRECEDENT TO ZONE A HOME, EVEN SUCH A MINOR CHANGE, BECAUSE THIS WOULD BE VERY SIMPLE AND EASY AND QUICK AND EASY, AND IT SHOULDN'T BE THIS MUCH OF A MESS. BUT WE'RE ZONING A PROPERTY DIFFERENT THAN ITS SURROUNDING AREAS. AND MR. HUNT SAYS THAT HE DOESN'T THINK THERE'S ANYTHING. MISS GRIFFIN SAID IT WAS RARE. RIGHT. SO IT'S DEFINITELY NOT THE NORM. SO WE'RE SETTING A PRECEDENT HERE, WHICH I'M DEFINITELY AGAINST SETTING PRECEDENTS. BUT GOING BACK TO MY FIRST POINT, WHAT'S TO STOP OTHER HOMEOWNERS FROM COMING IN AND GOING, OH, WELL, THEN I WANT TO BE GC 3A2. AND THEN YOU'VE TOTALLY CHANGED AND SUBVERTED OUR ZONING PROCESS. AND THEN I'M NOT GOING TO GO INTO THE HE SAID, SHE SAID, BECAUSE, YOU KNOW, AND BY THE WAY, MR. DIAZ WAS ON. SO I'LL ASK YOU THE QUESTION. THAT WAY YOU CAN ASK IT INSTEAD OF ME ANSWERING FOR YOU. TO YOUR KNOWLEDGE, DID THE NOTIFICATION HAPPEN PROPERLY? YES. OKAY. EXPLAIN. MY ASSISTANT HAD DELIVERED OR SET HIM ON THE DOORS. OKAY, I LIKE I SAID, I'M OUT OF TOWN. OKAY. AND AGAIN, I'M NOT GOING TO GET INTO THE BACK AND FORTH OF THE HE SAID SHE SAID. BUT THE HOA PRESIDENT SAID THAT THE HOA HAD NOT BEEN NOTIFIED. SO AGAIN, I DON'T WANT TO GET INTO THE HE SAID. SHE SAID, I'M JUST TELLING YOU WHAT WE HEARD MANY HOMEOWNERS SAY TONIGHT OR WHATEVER. I WAS PART OF THE COMMISSION THAT REDEFINED AND RESET OUR NOTIFICATION BOUNDARIES, AND IT WAS DONE TO PROTECT THE PUBLIC GENERALLY AGAINST LARGE DEVELOPMENTS THAT SIGNS BLEW OVER OR WHATEVER. SO, YOU KNOW, NOTIFICATIONS NOT DONE PROPERLY IS KIND OF A BIG FLAG FOR ME AS WELL, REGARDLESS OF WHAT'S GOING ON. PERSONALLY, I THINK, I MEAN, WE LIVE ON AN ACRE LOTS, RIGHT? AS AS A MATTER OF FACT, GETTING BACK TO ONE OF THE NEIGHBORS SAID THAT I CHANGED THE LETTER. THE REASON THE LETTER WAS CHANGED WAS BECAUSE I SUBMITTED IT TO THE CITY AND THEY SAID, I NEED TO RE REWORD IT. SO NOT ONLY ONCE DID THEY GET IT, BUT THEY GOT IT TWICE AND OKAY, SO THEN SINCE WE'RE GOING ON THIS TRAIL, I'LL ASK SO WAS THE LETTER THAT SIGNED BY HEATHER. AND YOU CAN COME UP MA'AM, SINCE YOU'RE A PART OF THE APPLICANT'S PRESENTATION HERE, THE APPLICANT POOL WAS, WAS THAT THE APPROVAL FROM THE CONDITIONAL APPROVAL FROM THE ART COMMITTEE, OR WAS THAT A LETTER STATING THAT THE ZONING CHANGE WAS HEARD AND NOTIFIED? YOU'RE GONNA HAVE TO COME AND SPEAK IN THE MICROPHONE BECAUSE WE'RE TALKING ABOUT TWO SEPARATE THINGS. THE NOTIFICATION IS NOT, HEY, I GOT APPROVAL FOR MY THING FROM THE HOA. THE NOTIFICATION MEANS I'M TELLING THE HOA THAT I'M PLANNING TO DO A ZONING CHANGE. THE LETTER I SUBMITTED STATED BOTH. SO I WAS GETTING THE ARC APPROVAL, WHICH THEY SAID THEY NEEDED, AND IT ALSO STATED THAT IT WAS A ZONING CHANGE AS WELL.

OKAY. ALL RIGHT. SO THAT IS PROBABLY THE END OF. YEP, THAT'S THE END OF MINE. SO CAN I SAY SOMETHING? I THINK AT THE END OF THE DAY, IT REALLY HAS NOTHING TO DO WITH THE REZONING. IT HAS HAS TO DO WITH MY PARTIES OR MY GET TOGETHERS OR WHATEVER THAT I'M THERE. THAT'S REALLY WHAT IT COMES DOWN TO. OBVIOUSLY, THAT'S ALL IT IS. LIKE I SAID, THEY THEY'VE SAID THAT EVERY WEEKEND I HAVE PARTIES. I'M GONE 90% OF TIMES. SO BUT YES, I HAVE HAD PARTIES. I'D SAY A HANDFUL OF THEM. I KNOW PROBABLY TWO OF THEM THAT HAVE GONE, ON THE OTHER HAND, MORE THAN LOUDER THAN THEY SHOULD HAVE, WHICH IS MY BIRTHDAY PARTY, APRIL, AND I THINK JULY 27TH WAS MY WIFE'S BIRTHDAY JUST RECENTLY. BUT THAT'S ABOUT IT. THEY WERE SAYING ABOUT THE PARKING OR ON THE STREET. YES. WE PARK ON THE STREET THAT THAT DAY OF THE 27TH, ACTUALLY, I REMEMBER I WAS LIKE, OH MY GOD, THERE'S A LOT OF PEOPLE, THERE'S A LOT OF CARS. THERE'S PLENTY OF ROOM FOR CARS TO GO THROUGH. BUT THERE WAS ALSO A PARTY ACROSS THE STREET FROM ME, THREE HOUSES

[00:55:02]

DOWN, AND I CAN'T TELL YOU THE ADDRESS, BUT THREE HOUSES DOWN. AND THE PEOPLE WERE WALKING INTO THAT HOUSE. SO IT WAS NOT ONLY MY PARTY THAT WAS BRINGING IN CARS, IT WAS OTHER NEIGHBORS.

AND AS FAR AS PARKING, I MEAN, I WAS TOLD BY THE HOA BECAUSE AT FIRST, THE FIRST WHEN I FIRST MOVED INTO THIS NEIGHBORHOOD, I WOULD I PARKED PEOPLE IN MY BACKYARD, YOU KNOW, WHICH PROBABLY NOT THE BEST THING TO DO, BUT I WAS TRYING TO AVOID PARKING ON THE STREET. BUT THEN HOA GOT MAD AT ME THAT I COULDN'T PARK CARS IN THE BACK. OKAY, SO THEN EVERYBODY PARKED ON THE STREET, BUT THERE'S PLENTY OF ROOM FOR EMERGENCY VEHICLES FOR WHETHER IT'S AN AMBULANCE OR FIRE TRUCK OR POLICE TO DRIVE BY. I THINK THAT'S PRETTY MUCH IT. I'M. I'M REALLY BAD AT TALKING LIKE THIS. YOU'RE GOOD, YOU'RE GOOD. I'M JUST NERVOUS. I KIND OF SAT DOWN AND I FORGOT. IT'S OKAY. YOU'RE DOING GREAT, MR. DIAZ. ACTUALLY, I DO HAVE ONE LAST QUESTION TO MISS CASTILLO. SO. SO YOU MENTIONED EARLIER, AND I'LL ASK IT WHILE YOU'RE COMING UP. SO YOU MENTIONED EARLIER THAT IT WASN'T ABOUT THE IMPERVIOUS COVER. WE DON'T CARE. SO, MR. DIAZ, THEN HE WAS CORRECT. AND IT'S ABOUT THE CANOPY OVER HIS KITCHEN THAT HE NEEDS THIS COVERING FOR. SO IF WE DENY IT, IT DOESN'T IMPACT WHAT'S ALREADY BEEN BUILT. IF WE DENY IT, IT JUST MEANS HE'S GOING TO HAVE A SMALLER CANOPY OVER HIS KITCHEN. CORRECT? CORRECT. OKAY, AGAIN, I WANTED TO MAKE SURE WE'RE ALL ON THE SAME PAGE ABOUT WHAT WE'RE TALKING ABOUT, BECAUSE IT'S KIND OF CHANGED A COUPLE OF TIMES, IN MY MIND AT LEAST. AND SO I WANT TO MAKE SURE THAT WE KNOW TO CLARIFY, THE POOL STILL REMAINS. ALL THE OTHER STRUCTURES WOULD STILL REMAIN, AND HE STILL NEEDS TO GET THE APPROPRIATE PERMITS, BUT IT WOULD JUST BE LIMITING THE SQUARE FOOTAGE OF THE CANOPY. OKAY. GOT IT. BECAUSE THAT'S THE ONE THAT'S GOING TO BE THE BIG ONE, THE 720. BECAUSE IT SEEMS TO BE THE BIGGEST PIECE ABOVE THE KITCHEN. YES, SIR. NOT YET BUILT LIKE WE SAY. RIGHT, RIGHT, RIGHT. YEAH I SEE, I SEE IN THE PICTURE IN THE PACKET THAT THAT CANOPY HASN'T BEEN BUILT. SO YOU. SO IT REALLY IS ABOUT THE CANOPY. SO. ALL RIGHT I'M GOOD. THANK YOU. THANK YOU I'LL ASK YOU ONE MORE TIME. COMMISSIONER MEHAN. ARE YOU GOOD? ALRIGHT, I'LL MOVE ON TO COMMISSIONER MORALES. YEAH. SO, LIKE COMMISSIONER MAN SAID, WE ARE HERE TO LOOK AT ZONING AND THE ZONING CASE, YOU KNOW, AND I DO ONE OF THE THINGS IT DOES SET A SLIGHTLY BAD PRECEDENT WHEN ONE HOME WITHIN A NEIGHBORHOOD DEVIATES FROM THE CURRENT ZONING THAT EXISTS. YOU KNOW, I EVEN WOULD LOVE TO HAVE A LITTLE CABANA POOL IN MY BACKYARD. I ACTUALLY NERD OUT MODEL ONE, BUT THE FIRST THING I DID WHEN I STARTED THAT IS I LOOKED AT WHAT THE ZONING WAS, WHAT MY DEED RESTRICTIONS WERE, WHAT MY LIMITATIONS. SO I DID A WHOLE MODEL. BUT THAT'S STEP ONE. AND IF THAT WASN'T DONE HERE, THEN. BUT THAT'S WHY YOU HIRED PEOPLE. YEAH, I COULD HAVE BUILT IT MYSELF. I'M A CONSTRUCTION, BUT I HIRED SOMEBODY TO DO IT, SO. AND IF THE HOA APPROVED IT THEN, I MEAN I WAS OBVIOUSLY IN THEIR, IN THEIR RIGHTS. YEAH. WAYS OF, OF CONDITIONAL APPROVAL AND BUT I'M ALL FOR YOU ENJOYING THE POOL WITH YOUR FAMILY. I WANT TO BE ABLE TO DO THE SAME WITH MINE. BUT I DO THINK THAT WE HAVE GUIDELINES IN PLACE SO WE COULD FOLLOW. SO THAT'S ALL. ALL RIGHT, COMMISSIONER LEWIS. YEAH I APPRECIATE EVERYBODY BEING HERE AND HEARING EVERYBODY'S COMMENTS. I THINK THE FIRST TWO COMMISSIONERS, I REALLY APPRECIATE YOU OUTLINING EVERYTHING THE WAY THAT IT WAS DONE. AND I'M IN THE SAME BOAT WITH THE PRECEDENT. I'M VERY UNCOMFORTABLE WITH THAT. I'M NOT SURE THAT THAT'S A GOOD THING TO DO. I LIVE IN A DESIGNED NEIGHBORHOOD AS WELL, AND I DON'T WANT TO HAVE THAT STARTING TO HAPPEN IN A LOT OF OTHER, OTHER AREAS. SO IT'S A VERY GOOD POINT. THANK YOU. COMMISSIONER LANDRY, I HAVE A QUESTION FOR MR. HART. LOOKING AT THE AERIAL. SORRY, LOOKING AT THE AERIAL, DID THE APPLICANT MEET THE SETBACK REQUIREMENTS TO HIS NEIGHBOR'S PROPERTY? YES, HE DID OKAY. AND YOU CAN SEE IT RIGHT HERE. IDENTIFIED. I KNOW IT'S KIND OF SHORT, BUT YOU HAVE A 15 FOOT BUILD LINE RIGHT HERE.

HERE'S THE FIRST BUILDING, THE BATHROOM. THEN YOU HAVE THE SHADE COVERED RIGHT HERE. AND THEN YOU HAVE THE SUNKEN IN KITCHEN. THIS IS A SEVEN FOOT BUILD LINE, WHICH IS THE SETBACK FOR THE SFR. OKAY, SEVEN FOOT SIDES, 15 FOOT BACK. BUT FOR ACCESSORY STRUCTURES, THEY CAN ACTUALLY GO TO THE SEVEN FOOT REAR AS WELL. AS LONG AS IT'S NOT IN ANY EASEMENTS. IT JUST LOOKED A LITTLE CLOSE IN THE AERIAL THAT IT'S IT IS CLOSE. MY WHOLE TAKE ON THIS, FIRST OF

[01:00:07]

ALL, PEOPLE DO GET THE HOA APPROVALS AND THE ARCHITECTURAL THAT HAS NOTHING TO DO WITH THE CITY. NO, THIS YOU HAVE TO MEET THE CITY ORDINANCE, YOU HAVE TO MEET THE CITY RULES AND THE BUILDING LAWS, REGARDLESS OF WHAT YOUR HOA SAYS, YOUR HOA CAN REQUIRE YOU TO DO MORE THAN THE CITY, BUT YOU AT LEAST HAVE TO DO WHAT THE CITY SAYS. AND THAT WAS NOT DONE HERE. AND I REALIZE THE CONTRACTOR DID IT. BUT YOU'RE RESPONSIBLE FOR YOUR CONTRACTOR. YOU HIRED THE CONTRACTOR. WE HAD A SITUATION IN MY NEIGHBORHOOD, WHICH IS WHICH HAS A HOA. AND HOA SAID, YEAH, YOU CAN BUILD THAT BUILDING RIGHT NEXT TO YOUR NEIGHBOR'S FENCE. BUT THE CITY SAID NO AND MADE THEM TAKE THE FRAMES BACK DOWN, MOVE IT OVER TO THE REQUIRED SETBACK AND START OVER. AND I MEAN, THAT'S JUST THE NATURE OF THE GAME. YOU'VE GOT TO IT'S HARD DEALING WITH TWO DIFFERENT ENTITIES, YOUR HOA AND THE CITY. AND I REALIZE THAT. BUT WE'RE HERE TO RULE ON THE CITY SIDE OF THINGS, AND I DO NOT THINK IT SHOULD BE REZONED. IT'S YOU'RE PART OF A NEIGHBORHOOD. YOU'RE IN MY OPINION, IF YOU HAVE TO SCALE IT BACK TO MEET THE REQUIREMENTS OF THE CITY, THEN, YOU KNOW, I I'M SORRY THAT YOU HAVE TO GO THROUGH THAT, BUT THAT'S YOUR AS I SAID, YOU'RE RESPONSIBLE FOR YOUR CONTRACTOR. AND THEY MADE THE MISTAKE. AND SO I AM NOT FOR REZONING THIS. THAT'S ALL I HAVE. VICE CHAIR. I WANT TO THANK THE COMMISSION FOR THE THOUGHTFUL COMMENTS TONIGHT, ESPECIALLY COMMISSIONER MEHAN DID SOME OF THE SAME RUNNING OF THE NUMBERS THAT YOU DID, AND CAME UP WITH 184FT■!S IS WHAT WE'RE TALKING ABOUT. AT THE SAME TIME, THIS ZONING CHANGE WOULD ALLOW FOR A TOTAL OF 1444, WHICH IS ANOTHER 331 MORE SQUARE FEET.

COMBINED WITH THAT 184, WE'RE UP TO 515, WHICH IS SEVERAL GOOD SIZE BEDROOMS AT THAT POINT, I AM I ALWAYS HESITATE TO USE THE WORD PRECEDENT WHEN WE'RE MAKING DECISIONS HERE, BECAUSE WE'RE NOT A JUDICIAL BODY THAT IS TIED TO THE DECISIONS THAT WE MAKE FROM ONE CASE TO ANOTHER. THERE CAN BE UNIQUE AND UNUSUAL CIRCUMSTANCES WHERE WE SAY, YES, IT MAKES SENSE HERE. SOMEBODY BRINGS A CASE THAT FEELS KIND OF SIMILAR. WE'RE PERFECTLY WITHIN OUR PURVIEW TO SAY NO TO THAT ONE. BUT HERE WE'VE GOT A REAL PRETTY CLEAR, BASIC SET OF FACTS THAT SOMEBODY STARTED DEVELOPMENT DEVELOPMENT WITHOUT A PERMIT. AND NOW ON THE BACK END IS ASKING US TO STRAIGHTEN IT OUT WITH WITH A DIFFERENT TYPE OF ZONING. I THINK A LOT OF THE COMMENTS HERE TONIGHT MADE A LOT OF SENSE IN TERMS OF WHAT YOU ALL AGREED TO WHEN YOU WHEN YOU BOUGHT HOMES THERE AND WHAT YOU, WHAT YOU MOVED INTO. MOST OF THAT IS RELATED TO THE PRIVATE CONTRACTUAL AGREEMENT THAT IS YOUR HOA. BUT AT THE SAME TIME, THE ZONING THAT WAS IN EXISTENCE WHEN THOSE HOMES WERE BUILT WAS THE ZONING THAT WAS IN EXISTENCE, AND KIND OF WHAT EVERYBODY WAS, WAS WORKING UNDER, BUILDER INCLUDED. NOW I DO WANT TO REVISIT THE HE SAID SHE SAID TOPIC A LITTLE BIT FROM A FACTUAL DETERMINATION STANDPOINT. IS STAFF SATISFIED THAT THIS WENT DOWN PROPERLY, THAT EVERYBODY WAS NOTIFIED THE WAY THEY SHOULD HAVE BEEN NOTIFIED AND RECEIVED IT? THEY PROVIDED THE CORRECT DOCUMENTATION, BUT WE'VE ALSO HAD BACK AND FORTH ON KIND OF SOME DISCREPANCIES, BUT THAT IT MET ALL OF THE REQUIREMENTS THAT WE HAVE FOR NEIGHBORHOOD OUTREACH. HE PROVIDED THE LETTER, SAID HOA. WE ALSO GOT DIFFERENT MEETING PHOTOS. SO WE TRY TO GET AS MUCH INFORMATION AS POSSIBLE IN THAT NEIGHBORHOOD OUTREACH. WE EVEN ASKED THEM TO CHANGE A LETTER AND ASK THEM TO HAND DELIVER THEM. AGAIN, TO BE MORE SPECIFIC. OKAY. YEAH. THIS IS THIS IS AN UNUSUAL CASE. THE TRAFFIC, THE NOISE, THE EVENTS. SO MANY OF THE THINGS THAT, THAT EVERYBODY HERE COMMENTED ON IS CONCERNED ABOUT ARE NOT THE PURVIEW OF THIS BOARD. THIS IS A ZONING CASE, STRAIGHT UP ZONING. AND WE'RE TALKING ABOUT GOING FROM ONE RESIDENTIAL ZONING TYPE TO ANOTHER RESIDENTIAL ZONING TYPE. THE OTHER RESIDENTIAL ZONING TYPE IS CONSISTENT WITH THE COMPREHENSIVE PLAN. AND WHAT CAN GO IN THAT AREA. SO, YOU KNOW, I'M. I'M GOOD I THINK WITH WITH MY QUESTIONS AND OBSERVATIONS ON THIS. GOOD. MR. CHAIR THANK YOU. YEAH. MOST OF MY I MEAN, ONCE AGAIN, COMMISSIONER MEHAN, THANKS FOR THE DETAIL ON THIS. AND

[01:05:03]

OBVIOUSLY YOU HAVE A LOT MORE CLOSER PROXIMITY TO THIS THAN THAN WE DO. BUT, YOU KNOW, THE PRECEDENT BEING SET HERE, I AGREE, I'M ALSO ON MY A CC IN MY COMMUNITY. AND I SEE PEOPLE DO THINGS IN MY NEIGHBORHOOD WITHOUT THE CONSENT OF THE HOA. AND IT CAN BE FRUSTRATING, ESPECIALLY WHEN THINGS DON'T ARE NOT ARE ARCHITECTURALLY IN ALIGNMENT WITH THE REST OF THE COMMUNITY. AND, YOU KNOW, WE'VE WE'VE DENIED THINGS CONSISTENTLY, CONSISTENTLY DENIED THINGS. AND THEN THEY HAVE TO THEN ESCALATE TO THE BOARD. AND THEN WE THE BOARD CALLS US AND WE TRY TO WORK TOGETHER TO FIND A MUTUALLY AGREED SOLUTION. AND WE'VE DONE THAT ON MANY OCCASIONS. WE HAVEN'T MADE PEOPLE COMPLETELY REMOVE THINGS BEFORE, BUT WE'VE HAD TO MAKE SOME SOME CONCESSIONS AND SOME ADJUSTMENTS. THE FIRST THING THAT CAME TO MIND WHEN I SAW THIS DEVELOPMENT, I THOUGHT IT WAS AN AIRBNB OR SOMETHING. AND THEN I REALIZED, WELL, IF YOUR HOA GUIDELINES ARE WRITTEN CORRECTLY, THEN THEN THEY DO ALREADY HAVE A STIPULATION THAT SAYS THAT YOU CAN HAVE NO LEASE LESS THAN A YEAR. AND I KNOW RH WA GUIDELINES HAVE THAT BECAUSE WE'VE HAD PEOPLE TRY TO DO AIRBNBS AND WE'VE DENIED THEM AND TOLD THEM NO. SO THAT SHOULD NOT BE AN ISSUE. BUT THEN THE LLC RAISES A LITTLE BIT OF RED FLAG TO ME BECAUSE, I MEAN, PART OF YOU OBVIOUSLY OWN YOUR OWN BUSINESS. AND SO IT'S I'M GUESSING THERE'S SOME TAX PURPOSES, THINGS LIKE THAT. NOT NOT THAT THAT'S ANY OF OUR PURVIEW AND ANY OF OUR BUSINESS. BUT, YOU KNOW, THE PARTIES AND THE STUFF LIKE THAT. ONCE AGAIN, IT'S NOT OUR PURVIEW, NOT OUR BUSINESS, BUT IT IS A CONCERN OF YOUR NEIGHBORS. AND THERE'S A LOT OF PEOPLE HERE. IF YOU LOOK AROUND HERE, I CAN GUARANTEE YOU IN THIS CASE IS OVER. THIS ROOM IS GOING TO CLEAR OUT. OKAY. AND SO AND MY CONCERN IS YOU HAVE A LOT OF PEOPLE THAT, THAT ARE, THAT ARE NOT REALLY HAPPY WITH MAYBE SOME OF THE PARKING AND SOME OF THE NOISE AND THINGS LIKE THAT. ONCE AGAIN, IT'S NOT OUR PURVIEW. WE'RE HERE TO REVIEW A ZONING CASE, AND I THINK WE'RE ALL KIND OF IN ALIGNMENT FOR THE MOST PART, THAT THERE'S SOME INCONSISTENCIES WITH THE ZONING, BUT IT'S ALSO NOT NECESSARILY INCONSISTENT WITH WHAT THE CITY COULD ALLOW. IT'S REALLY A COUPLE OF HUNDRED SQUARE FEET WE'RE TALKING ABOUT HERE. SO MY, MY, MY MAIN POINT IS, IS THAT YOU GOTTA HAVE TO WORK WITH YOUR NEIGHBORS. AND, AND IN OUR NEIGHBORHOOD, THERE'S A LOT OF NOTIFICATION THAT GOES AROUND THAT, HEY, I'M GOING TO HAVE A BIG PARTY OR A LOT OF PARKING ON THE STREET. JUST WANT TO LET YOU KNOW, I ACTUALLY DID THAT FOR THE MY WIFE'S PARTY. WELL, GOOD. SHE INVITED EVERYBODY, YOU KNOW. I GUESS MAYBE THAT'S WHERE I SHOULD HAVE STARTED. I SHOULD HAVE JUST INVITED. BUT EVERY TIME, EVERY. I HAVEN'T MET VERY MANY, FEW OF THE NEIGHBORS. BUT THE PEOPLE THAT I DID MEET IS I'VE ALWAYS ASKED. I'VE ALWAYS ASKED THEM THAT IF YOU. YOU SMELL THE BARBECUE OR HEAR MUSIC, COME ON OVER. AND THAT'S EXACTLY WHAT HAPPENED IN CHRISTMAS. THIS LAST YEAR, I HAD LIKE FIVE DIFFERENT NEIGHBORS SHOW UP AND THEY'RE LIKE, WE HEARD THE MUSIC. I SAID, COME ON IN. YOU KNOW, THEY HUNG UP. THEY HUNG OUT. YOU KNOW, EVERYBODY HAD A GREAT TIME. IT WAS JUST THE NEIGHBORS THAT ARE HERE THAT DIDN'T THE POINT IS, COMMUNICATION IS KEY. WE'RE HERE. WE'RE HERE TO REVIEW ZONING CASE. BUT I DO THINK, YOU KNOW, WE ALL HAVE VERY SIMILAR MAYBE LIFE EXPERIENCES, COMMUNITY EXPERIENCES. AND I THINK IT'S NOT CERTAINLY NOT NECESSARILY NOT A GOOD IT'S A GOOD A GOOD TIME TO SHARE AT LEAST. HEY LISTEN COMMUNICATION IS IMPORTANT. AND YOU KNOW, YOU NEED TO REACH OUT TO YOUR FELLOW NEIGHBORS AND LET THEM KNOW WHAT'S GOING ON, BECAUSE THAT SEEMS LIKE TO BE, IN MY OPINION, PART OF THE REASON WHY THERE'S THIS LARGE OUTREACH AND CONCERN ABOUT THIS ZONING CHANGE. YEAH. I MEAN, I'M, I'M, I COULD GO EITHER WAY ON THIS. BUT ONCE AGAIN, THE, THE FACT THAT YOU HAVE A BUNCH OF OTHER HOMES AROUND YOU THAT ARE, THAT ARE SINGLE FAMILY, RURAL, YOU KNOW, TYPE TWO VERSUS TYPE THREE, YOU KNOW, I ONCE AGAIN, I, I HAVE A HARD TIME REALLY LOOKING AT THAT AND SAYING, OKAY, WE SHOULD MAKE THIS EXCEPTION. OKAY. ONCE AGAIN, IT EVEN THOUGH YOUR HOA MAY HAVE CONDITIONALLY APPROVED IT, EVEN THOUGH YOU HIRED A CONTRACTOR, IT IS STILL YOUR RESPONSIBILITY TO DO THE WORK RIGHT. AND I PAID FOR IT DEARLY WITH THE FINES. WELL, AND ABSOLUTELY, YOU KNOW, AND THAT'S THAT'S JUST PART OF THE PROCESS.

AND LET IT BE LET EVERYBODY ELSE THAT YOU DO HAVE TO AT LEAST TAKE THE TIME TO RESEARCH AND UNDERSTAND WHAT YOU'RE GETTING INTO BEFORE YOU MAKE THESE ADJUSTMENTS AND CHANGES. SO THIS IS A ACTION ITEM WE NEED TO VOTE ON. SO I'M I'M DONE WITH MY COMMENTS. DOES ANYBODY WANT TO MAKE A MOTION ONE WAY OR THE OTHER? I'M GOING TO MAKE ONE COMMENT BEFORE I MAKE A MOTION.

ONE IS MR. DIAZ, YOU HEARD I WAS TRYING TO SEE IF YOU EVEN NEEDED THE ZONING CASE. RIGHT, RIGHT.

HOWEVER, THE FACT THAT THIS ISN'T GOING TO COST YOU ANY DOLLARS, ANY MORE DOLLARS BECAUSE YOU SAID THE FINES AND EVERYTHING, ANY MORE DOLLARS, IT'S JUST A LESS OF A THING. IT MAKES IT. IT MAKES WHAT I'M ABOUT TO MOTION EVEN EASIER. TO BE HONEST, RIGHT NOW. MISS GRIFFIN DID SAY THAT AGAIN. AS I SAID AT THE VERY BEGINNING, IT'S GOING TO GO TO CITY COUNCIL AND THEY HAVE THE FINAL SAY. SO IF SO, APPROVAL OR DENIAL IF THE CITY COUNCIL DENIES IT, I HOPE THAT YOU CAN WORK WITH STAFF AND THEY CAN FIGURE OUT A WAY TO MAKE THIS HAPPEN FOR YOU. TO BE HONEST, I DO RIGHT. BUT I'M GOING TO MAKE A MOTION TO DENY BECAUSE I DO NOT FEEL THAT IT WE SHOULD HAVE SOMETHING DIFFERENT IN THE OTHER, BUT I THINK THERE'S SOME COMMENT. COMMISSION WAS MADE ALREADY. OH, SORRY. I'LL SECOND IT. I WASN'T VERY LOUD. OKAY, SO A MOTION BY THE VICE CHAIR. MOTION TO DENY SECOND. OKAY, SO I HAVE A MOTION TO DENY BY THE VICE CHAIR,

[01:10:05]

SECONDED BY COMMISSIONER MEHAN. ALL THOSE IN FAVOR OF DENIAL. OKAY. AND IT PASSES UNANIMOUSLY.

THANK YOU SIR. THANK YOU. YEAH. WE'LL TAKE A IN. AND WE ARE BACK IN SESSION.

[9. Conduct a Public Hearing regarding Special Use Case Z-25-0184 to consider action on a Special Use Permit to allow for a social club and game room on one (1) parcel of land approximately 0.25 acres ± in size, more particularly described by Williamson Central Appraisal District Parcel R036101; and more commonly known as 107 N. US 183, Leander, Williamson County, Texas.

Discuss and consider action regarding Zoning Case Z-25-0184 as described above.

]

WE'RE GOING TO MOVE ON TO ITEM AGENDA. ITEM NUMBER NINE. CONDUCT A PUBLIC HEARING REGARDING SPECIAL USE CASE Z DASH 20 5-0184 TO CONSIDER ACTION ON A SPECIAL USE PERMIT TO ALLOW FOR A SOCIAL CLUB AND GAME ROOM ON ONE PARCEL OF LAND. APPROXIMATELY 0.25 ACRES IN SIZE. MORE PARTICULARLY DESCRIBED BY WILLIAMSON CENTRAL APPRAISAL DISTRICT PARCEL R036101 AND MORE COMMONLY KNOWN AS 107 NORTH US 183 LEANDER, WILLIAMSON COUNTY, TEXAS. MR. GOOD EVENING. THIS REQUEST IS THE FIRST STEP IN THE ZONING PROCESS. THE APPLICANT HAS SUBMITTED THE REQUEST TO ADOPT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A SOCIAL CLUB AND GAME ROOM. THE ORDINANCE CURRENTLY ALLOWS FOR A GAME ROOM FACILITY BY RIGHT UNDER THE HEAVY COMMERCIAL ZONING DISTRICT. THIS SPECIAL USE REQUEST WOULD ALLOW FOR THE GAMING FACILITY AND GAMING DEVICES TO OPERATE WITHIN THE GENERAL COMMERCIAL ZONING DISTRICT FOR A PERIOD OF FIVE YEARS, WITH THE OPTION TO REQUEST AN EXTENSION. GAMING ROOM FACILITY MEANS A PLACE TO DEAL, OPERATE, CARRY ON, CONDUCT, MAINTAIN OR EXPOSE FOR, PLAY ANY GAME, SPORTS BOOK, PROMOTION, SWEEPSTAKES OR OTHER ACTIVITY, ELECTRONIC OR OTHERWISE, THAT MAY OR MAY NOT CONFER UPON THE PATRONS OR PARTICIPANTS THE RIGHT CHANCE OR ABILITY TO WIN OR CLAIM PRIZES. AND A GAMING DEVICE MEANS A CLOCK, TAPE MACHINE, SLOT MACHINE, OR OTHER MACHINE OR DEVICE FOR THE RECEPTION OF MONEY OR OTHER THING OF VALUE, ON CHANCE OR SKILL, OR UPON ACTION, OF WHICH MONEY OR OTHER THING OF VALUE IS STAKED.

HAZARD, BET, WON OR LOST, OR ANY MECHANISM, FURNITURE, FIXTURE, EQUIPMENT OR OTHER DEVICE DESIGNED PRIMARILY FOR THE USE OF IN A GAMBLING PLACE. IT DOES NOT INCLUDE A COIN IN SLOT OPERATED MACHINE DEVICE PLAYED FOR AMUSEMENT THAT REWARDS THE PLAYER WITH THE RIGHT TO REPLAY SUCH MECHANICAL DEVICE OR VENDING MACHINES BY WHICH FULL AND ADEQUATE RETURN IS MADE FOR THE MONEY INVESTED, AND IN WHICH THERE IS NO ELEMENT OF CHANCE OR HAZARD. THIS PROPERTY IS LOCATED ON US ONE. ON US 183 JUST BELOW WHAT USED TO BE RESTAURANT, AND JUST A NORTH OF WHAT USED TO BE A VEHICLE INSPECTION LOCATION. THE APPLICANT DID NOTIFY ALL RESIDENTIAL PROPERTY OWNERS WITHIN 500FT. SO AS PART OF THIS EVALUATION REQUEST, THE COMMISSION HAS THE FOLLOWING OPTIONS. OPTION ONE TO APPROVE THE PROPOSED SPECIAL USE REQUEST. OPTION TWO TO DENY THE PROPOSED SPECIAL USE REQUEST. AND OPTION THREE APPROVE THE ALTERNATIVE REQUEST. THAT MAY INCLUDE MODIFICATIONS TO THE SPECIAL USE REQUEST, SUCH AS LIMITED HOURS OF OPERATION, DIFFERENT LIMIT OF SPECIAL USE PERMIT, TIME FRAME AND LIMIT OF THE TYPE OF SIGNAGE, ETC. STAFF RECOMMENDS OPTION TWO LISTED ABOVE TO DENY THE PROPOSED SPECIAL USE REQUEST. STAFF MADE THIS RECOMMENDATION BASED ON THE COMPATIBLE LAND USE TYPES WITHIN OLD TOWN DISTRICT. THE OLD TOWN MASTER PLAN IDENTIFIES THIS AREA AS THE OLD TOWN CORE CHARACTER DISTRICT, WHICH SHOULD INCLUDE A MIX OF LAND USES WITH A FOCUS ON DESTINATION AND ACTIVITY TYPE USES SUCH AS RESTAURANT, COFFEE SHOP, BARS, BREWERIES, BOUTIQUES, SHOPS, ACTIVITY CENTERS, AND OR EMPLOYMENT CENTERS. THE OLD TOWN CORE IS VERY LIKELY THE RESIDENTS AND VISITORS FIRST INTERACTION WITH OLD TOWN LEANDER, SO THIS DISTRICT SHOULD BE PLANNED AND DESIGNED WITH THE UTMOST QUALITY IN MIND TO BRING EXCITEMENT AND VITALITY INTO THE DOWNTOWN CORE. THE OLD TOWN CORE DISTRICT SHOULD BE A HIGH PRIORITY FOR CITY STAFF AND LOCAL ELECTED AND APPOINTED OFFICIALS. WHEN OLD TOWN INVESTMENT DECISIONS ARE DISCUSSED. AND THAT'S FROM THE OLD TOWN MASTER PLAN. THE APPLICANT IS HERE WITH A PRESENTATION AND I WILL BE AVAILABLE FOR QUESTIONS AFTER THE PUBLIC HEARING. THANK YOU. AND THIS TIME I WILL FOLLOW PROTOCOL AND INVITE THE APPLICANT UP IF YOU WISH TO PRESENT AND SPEAK. PLEASE CLICK THE BUTTON. RIGHT.

OKAY. FIRST OFF, I JUST WANT TO SAY CONGRATULATIONS TO THE CITY OF LEANDER FOR THE CIVIL WAR.

[01:15:03]

FOR THE URBAN DESIGN, FOR ACTUAL OLD TOWN. SO AND THAT'S WHERE WE'RE ENDED UP. WE'RE WHERE WE'RE GOING TO OPEN UP OUR BUSINESS. AT FIRST I JUST WANTED THERE'S A COUPLE OF HIGHLIGHTS THAT I WANT TO PUT UP HERE. THERE'S ABOUT FIVE. I GAVE YOU GUYS THE OUTLINE SO YOU GUYS CAN KEEP UP A LITTLE BIT AS WELL. I REMEMBER IN THE LAST MEETING THAT YOU GUYS HAD WAS TALKING ABOUT, YOU KNOW, NEW REVENUE STREAMS AND NEW PLACES AND BEING DESTINATION PLACES FOR LEANDER TO COME. SO OUR FIRST, OUR FIRST ECONOMIC BENEFIT FOR THE CITY IS GOING TO BE THE NEW REVENUE STREAM. SO MORE IS GOING TO INCREASE THE SALES TAX. AND IT'S ACTUALLY GOING TO INCREASE THE BUSINESS TAX CONTRIBUTION. WITH US BEING OPEN LOCAL JOB CREATIONS AND, YOU KNOW, TRYING TO KEEP THE JOBS LOCAL, WHERE PEOPLE THAT ARE LIVING HERE CAN ACTUALLY STAY IN, LIVE HERE AND WORK WILL BENEFIT THE LEANDER IN THE LONG RUN AS WELL. ALSO WITH MAGGIE MAE'S, THE BEER GARDEN AND ALL OF THE FOOD TRUCKS AND EVERYTHING DOWN HERE, AND ESPECIALLY WITH OLD TOWN, THE EVENTS YOU GUYS HAVE DOWN HERE FOR THE CITY CENTER, YOU KNOW, CHRISTMAS AND, YOU KNOW, 4TH OF JULY AND EVERYTHING LIKE THAT. IT'LL ALSO BOOST WITH US BEING HERE WILL ALSO BOOST THE RESTAURANTS AND THE GAS STATIONS AND THE REAL ESTATE, THE RETAIL SHOPS AND SOME HOTELS. NOW, HOTELS PROBABLY BE A LITTLE BIT LIGHTER BECAUSE WE'RE GOING TO BE MORE LIKE CEDAR PARK, GEORGETOWN, LEANDER. YOU KNOW, I SAID LIBERTY HILL, IF I REPEAT MYSELF, I'M SORRY, PEOPLE BRINGING THAT REVENUE FROM THAT CITY INTO THE CITY AS WELL. WE'RE WE'RE NOT JUST FOCUSED ON LEANDER, WE'RE ALSO GOING TO WE'RE ALSO PART OF THE CHAMBER OF COMMERCE IN LEANDER AND AS WELL AS IN CEDAR PARK. SO I ACTUALLY RUN A SOCIAL CLUB SLASH DISCIPLINE DOES NOT GOING TO HAVE POKER. I HAVE A POKER ROOM IN CEDAR PARK THAT ATTRACTS JUDGES, POLICE OFFICERS, NURSES, DOCTORS, TATTOO ARTISTS, EVERYTHING YOU CAN THINK OF IN IN ANY KIND OF LIKE. JOBS WISE PROFESSIONALS, EXECUTIVES AND CONSTRUCTION AND EVERYTHING. SO LONG TERM GROWTH, YOU KNOW, WITH IT'S BEING THE DESTINATION, WILL BRING MORE PEOPLE IN AS WELL. ON TOP OF YES WE ARE. WE ARE THERE TO TURN A PROFIT. BUT AT THE SAME TIME WE'RE GOING TO BE GIVING BACK TO THE COMMUNITY. SO EVERY MONTH THERE WILL BE FOCUSING ON A CHARITABLE CONTRIBUTIONS TOWARDS DIFFERENT, DIFFERENT CONTRIBUTIONS. THE FOOD BANK ONE MONTH AND THEN, YOU KNOW, LIKE LET'S SAY DECEMBER, WE'RE GOING TO BE DOING A, YOU KNOW, SHOP WITH THE COP, YOU KNOW, FOR THE KIDS IN THE COMMUNITY, WOMEN'S, YOU KNOW, ABUSE SHELTERS, DIFFERENT CONTRIBUTIONS EVERY SINGLE MONTH WILL BE TAKEN LIKE WE WERE OPEN AND WE WERE ABLE TO BE OPEN FOR THE SANDY CREEK TRAGEDY. WE WOULD HAVE BEEN, YOU KNOW, CONTRIBUTIONS FOR THAT AS WELL. ALSO, THE SPONSOR, LIKE, YOU KNOW, THE OLD TOWN FEST, WE CAN ACTUALLY SPONSOR, YOU KNOW, LOCALS EVENTS AS WELL. WITH, WITH OUR VOLUNTEERS, WITH, WITH THE PEOPLE THAT ARE GOING TO BE WORKING FOR US, GIVING VOLUNTEERS AS WELL AND HELPING, YOU KNOW, PARTNERSHIPS WITH THE NONPROFITS, CHURCHES, LITTLE LEAGUES, YOU KNOW, STUFF THAT YOU KNOW, ARE BASICALLY THEIR VITAL THEIR SPONSORSHIPS AND THEIR CONTRIBUTIONS ARE VITAL FROM BUSINESSES TO KEEP THEM RUNNING. AND THAT'S WHAT THAT'S THAT'S OUR GOAL. THAT'S OUR WHOLE PLAN. NOW, A LOT OF PEOPLE THINK OF GAME ROOMS AS SOMEWHAT UNSAFE. NOW, I'VE HAD I'VE BEEN OPEN IN CEDAR PARK FOR TWO YEARS, AND I'VE NEVER HAD AN INCIDENT WITH ANY KIND OF LIKE ANY KIND OF INCIDENTS OF FIGHTS, PEOPLE BEING TOO DRUNK. NO, WE HAVE A BAR OVER AT THE CEDAR PARK. WE WILL NOT BE DOING THIS WITH MAGGIE MAE'S AND THE BEER GARDEN AND EVERYTHING BEHIND US. YOU KNOW, THAT'S ALREADY SET. SO ALL OF OUR STUFF THAT WE'RE GOING TO BE DOING IS GOING TO BE IN A SAFE, SAFE ENVIRONMENT, CLEAN ENVIRONMENT. IT WILL BE INCLUSIVE TO ADULTS ONLY. WE GOT TO BE 18 AND UP IN THE STATE OF TEXAS IN ORDER TO WALK INTO ANY SORT OF GAME ROOM. IT DOESN'T MATTER IF IT'S POKER OR A GAME ROOM. VERY STRICT WHEN IT COMES TO AGE AGE LIMITATION. YOU WILL HAVE TO COME UP. YOU WILL HAVE TO SHOW AN ID WE HAVE AN ID SCANNER THAT ACTUALLY CAN FIND IF YOU HAVE A FAKE ID THEY MAKE THOSE. SO EVERY PERSON THAT WALKS IN THE DOOR HAS TO LITERALLY WALK WITH AN ID UP TO AND MAKE SURE THAT WE GET EVERYTHING DONE. NOW, THIS DOES ACTUALLY GIVE YOU THE OPPORTUNITY FOR YEAR ROUND ENTERTAINMENT. WE ARE NOT SEASONAL, SO IT DOESN'T MATTER IF IT'S JANUARY, WHEN IT'S A SLOW SEASON MARCH, OR EVEN IN THE SUMMERTIME, OR DOESN'T MATTER YEAR ROUND ENTERTAINMENT.

[01:20:05]

AND THAT'S WHAT WE NEED TO BRING MORE PEOPLE IN YEAR ROUND, NOT JUST, YOU KNOW, AND I'M NOT SAYING ANYTHING BAD ABOUT OLD TOWN, BUT IT'S, YOU KNOW, ONCE EVERY THREE MONTHS. BUT IF YOU GET PEOPLE IN HERE CONSTANTLY FLOWING, YOU GET MORE PEOPLE IN THE OLD TOWN, YOU GET MORE PEOPLE IN THE OLD TOWN FEST AS WELL, BECAUSE THEY SEE THAT COMING UP. AT THE SAME TIME, WITH THEIR CONTRIBUTIONS TOWARDS, YOU KNOW, OLD FEST. WE CAN ACTUALLY RUN PROMOTIONS FOR THE CHARITABLE AT THE SAME TIME THAT FEST IS GOING ON AS WELL. SO OUR MARKETING, OUR MARKETING APPROACH IS REGIONAL, NOT JUST LOCAL. SO WE'RE GOING TO BE CEDAR PARK, GEORGETOWN, LIBERTY HILL, EVEN IN AUSTIN, ALL THE AREAS ROUND ROCK, ALL THE SURROUNDING AREAS WHERE WE ARE, WHERE ALL THE MONEY'S BASICALLY GOING OUT TRYING TO BRING IT BACK INTO LEANDER AND DOING CROSS PROMOTIONS WITH ALL THE RESTAURANTS IN ALL THE LOCAL BUSINESSES HERE. NOW, I DO HAVE FRIENDS THAT THE RUN, THE CULVERS THAT OWNS CULVER'S, THAT ACTUALLY GO TO MY PLACE IN CEDAR PARK AS WELL, THEY'RE WILLING TO CROSS PROMOTE IN CULVER'S IS, YOU KNOW, A DECENTLY SIZED YOU KNOW, EVERYBODY'S STARTING TO KNOW CULVER'S IN THIS AREA. MAGGIE MAE'S ACE HARDWARE, YOU KNOW, THE LEANDER MARKET, 7-ELEVEN, ALL THESE PLACES THAT I CAN PROMOTE WITH THE CROSS, PROMOTE BETWEEN EACH OTHER. SO ALSO THE LAST THING IS HERE IS THE AGE RESTRICTION VERIFICATION. I BRING THAT UP AGAIN THAT BECAUSE THAT IS VERY DETRIMENTAL TO THAT, YOU HAVE TO MAKE IT SAFE. YOU HAVE TO MAKE IT RESPONSIBLE. THAT'S WHY WE ARE IN COMPLIANCE. IF THE CITY HAS A LAW TO WHERE WE HAVE TO CHANGE, WE WILL BE COMPLIANT WITH THAT. WE STAND BY ALL THE STATE, THE COUNTY AND YOU KNOW, LEANDRA'S LAW IF NEEDS BE. IF YOU GUYS CHANGE THE LAWS, WE WILL ROTATE AND WE WILL PIVOT TO KEEP THAT LAW CORRECT. WE STAND BY THE TEXAS LAW AND WE STAND BY THE COUNTY LAW. NORMALLY THEY LEAVE IT UP TO THE LOCAL GOVERNMENT MORE THAN, YOU KNOW, THEY TAKE IT OVER BECAUSE THERE'S NO GAMING COMMISSION RIGHT NOW. THE COMMUNITY FEEDBACK IF LIKE BASICALLY IF IT'S TOO LOUD, IF THERE'S TOO MUCH STUFF GOING ON OR, YOU KNOW, YOU GUYS SEE RIP, RAP OR STUFF LIKE THAT, WE WANT THE PEOPLE TO COME IN AND LET US KNOW WHAT'S GOING ON BECAUSE WE'RE INSIDE, BUT NOT SEEING EVERYTHING ON THE OUTSIDE. BUT WHAT'S US BEING PROACTIVE WITH? ALL THE SECURITY WILL KEEP THAT DOWN TO ALMOST ZERO. LIKE I SAID, TWO YEARS IN CEDAR PARK AND NOT HAD AN ISSUE AT ALL. AND I'M LITERALLY A HALF A MILE FROM CITY HALL. SO, YOU KNOW, TO DO THAT AND NEVER HAVE AN ISSUE WITH TOSCANO AND EVERYTHING AROUND US IN STARBUCKS FOR THE STARBUCKS SHOPPING CENTER DO NOT HAVE THAT ISSUE. I MEAN, IN TWO YEARS IS ACTUALLY REALLY GOOD. SO. THANK YOU, THANK YOU. OKAY, AT THAT POINT WE WILL OPEN THE PUBLIC HEARING. IS THERE ANYBODY WISHING TO SPEAK ON THIS ITEM TONIGHT THAT HAS NOT SIGNED UP? ALRIGHT, WE WILL CLOSE THE PUBLIC HEARING AND WE'LL MOVE INTO DISCUSSION. I WILL START TO MY LEFT. VICE CHAIR. THANK YOU FOR THE PRESENTATION. I HAD A LIST OF QUESTIONS AND YOU PRETTY MUCH ANSWERED EVERYTHING THAT I HAD ON THERE. I'M CURIOUS WHAT YOU SAID. YOU'RE NOT DOING POKER LIKE YOU DID IN LIKE YOU HAVE IN ANOTHER ROOM. SO ALCOHOL. SO THE ORIGINAL BUSINESS PLAN OVER IN CEDAR PARK. WE WERE A POKER ROOM BEFORE, AND WE BROUGHT IT OVER TO OPEN UP A POKER ROOM. NOW, JUST RECENTLY, THERE IS ONE IN ROUND ROCK THAT'S 88 TABLES. AND I MEAN, IT'S BIG. IT MAKES THE Y'ALL'S BUILDING KIND OF LOOK SMALL. NOT YOU KNOW, I'M NOT TRYING TO, YOU KNOW, BEAT UP OR ANYTHING. AND THEN THEY HAVE ANOTHER ONE WHICH IS RIGHT NEXT TO THE AUSTIN AQUARIUM. AND THEY'RE 55 TABLES. I'M A I'M THE PLACE THAT WE OPENED IS SMALLER. SO WE ONLY HAVE SIX TABLES. SO TO TRY TO COMBAT WITH THAT BETWEEN WE'RE SIX MILES FROM THE ONE THAT'S IN, YOU KNOW, BY THE AUSTIN AQUARIUM. AND MAYBE 15 MINUTES FROM THE ONE IN ROUND ROCK. THEY'RE BRINGING IN BIG NAMES LIKE, YOU KNOW, BIG POKER NAMES AND STUFF LIKE THAT, AND THEY HAVE MILLIONS OF DOLLARS BACKING THEM UP. MINE IS A SMALLER, YOU KNOW, KIND OF LIKE A HOME FIELD KIND OF STYLE. AND, YOU KNOW, TO TRY TO COMBAT WITH, YOU KNOW, THEY'RE DOING $20,000 POTS AND STUFF LIKE THAT ON POKER. SO OVER HERE, THERE'S NOT REALLY A, A BASICALLY KIND OF LIKE A BASE FOR POKER HERE.

THAT'S PURELY FROM MY CURIOSITY, BUT BUT DESCRIBE THE CUSTOMER EXPERIENCE AT THE PLACE YOU'RE ENVISIONING HERE IN LEANDER. THEY DIDN'T REQUIRE A MEMBERSHIP. WHEN I WALK IN, WHAT

[01:25:01]

HAPPENS? YOU KNOW WHAT? WHAT ARE MY YOU KNOW, WHAT ARE MY ACTIVITIES THERE? WITHOUT WITHOUT ALCOHOL, WITHOUT THE POKER, THE MACHINES. SO THE MACHINES. SO YOU EVERYBODY THAT WALKS IN THE DOOR HAS TO HAVE A MEMBERSHIP. NOW THE MEMBERSHIP IS FREE, BUT YOU HAVE TO COME AND SIGN UP. SO THAT'S, THAT'S THE WHOLE, YOU KNOW, BEING COMPLIANT AND BEING, YOU KNOW, ADULT BASED ONLY. YOU HAVE TO SHOW AN ID, YOU HAVE TO SIGN UP TO MAKE SURE THAT YOU HAVE, YOU KNOW, YOUR YOUR AGE REQUIREMENT, YOUR LIMITATIONS IS, YOU KNOW, SET IN STONE. YOU KNOW, SOMEBODY COMES IN AT 17, THEY'RE NOT ALLOWED TO, YOU KNOW, THEY COME IN THE DOOR. WE JUST ESCORT THEM OUT. HAVING THAT TOO IS LIKE WE GET A BASIS TO WHERE WHEN WE START DOING OUR CONTRIBUTIONS.

AND FOR THE CHARITABLE STUFF LIKE THAT, WE SEND OUT EMAILS AND STUFF LIKE THAT SHOWING THIS IS WHAT WE'RE, YOU KNOW, OUR CONTRIBUTIONS ARE GOING TOWARDS FOR THIS MONTH. I HAVE A GENTLEMAN THAT RUNS THE ONE OVER TEXAS TWO STEP OVER ON RONALD REAGAN. THEY DO IT MONTHLY. YOU KNOW, THEY DID THE FOOD DRIVES AND, YOU KNOW, ACTIVE MILITARY STUFF LIKE THAT HELPING WOUNDED WARRIORS AND STUFF LIKE THAT AS WELL. SO THE ACTIVITIES IS JUST THERE TO HAVE FUN. YES. YOU YOU KNOW, YOU HAVE THE ABILITY TO MAKE MONEY. YOU KNOW, NOW THE PLACES THAT YOU MIGHT I DON'T KNOW IF ANY OF YOU GUYS HAVE EVER WALKED INTO A GAME ROOM. IF YOU'VE WATCHED, YOU KNOW, I CAN LITERALLY BRING YOU PICTURES OF THE PLACE THAT, YOU KNOW, OTHER PLACES THAT I WOULD SAY SOUTH AUSTIN, WHICH IS A BAD REPRESENTATION OF THIS AREA. OUR STUFF. AND I DO HAVE PICTURES SO YOU GUYS CAN SEE HOW THIS PLACE IS SET UP. IT'S SET UP RESPECTFULLY CLEAN. YOU KNOW, WE DID NOT GO. YOU KNOW, IT'S NOT JUST OKAY, A BARE BEAR CARPET OR A BARE FLOOR. PAINT IT AND LET'S GO. WE PUT A LOT OF LIKE A LOT OF HEART INTO IT BECAUSE WE WANTED TO BE INVITING. WHEN YOU WALK INTO A DOOR AND YOU SEE A PLACE LIKE THIS AS CLEAN AS TOOK THEIR TIME, AND IT'S ACTUALLY NICE WHEN YOU WALK IN THE DOOR, YOU WANT TO COME BACK. THE REASON I'M ASKING THESE QUESTIONS IS BECAUSE I WANTED TO AFFIRM MY NOTIONS THAT THIS IS IT'S UNIQUE. IT'S INTERESTING FOR A CERTAIN SEGMENT OF PEOPLE WHO ENJOY THIS TYPE OF THING. IT'S ENTERTAINMENT. AND IT COULD BE A, YOU KNOW, A DESTINATION FOR PEOPLE WHO DON'T NORMALLY COME TO THAT AREA. THAT'S WHAT THAT WAS. THAT'S WHAT OUR PLAN WAS. THAT'S WHAT OUR. OKAY. THANKS. I MY QUESTIONS NOW I HAVE FOR STAFF OKAY. THANK YOU, THANK YOU. STAFF'S RECOMMENDATION ON THIS WAS WAS TO DENY BECAUSE OF THE BOTH THE COMP PLAN ISSUE AND THE OLD TOWN MASTER PLAN. CAN YOU RECONCILE THAT? BECAUSE A LOT OF THE WORDS THAT I'M HEARING, YOU KNOW, AND THAT I FEEL ARE, ARE TRUE ABOUT THIS TYPE OF BUSINESS, UNIQUE, INTERESTING, ENTERTAINING, DESTINATION FIT PERFECTLY WITH WITH WHAT I WOULD THINK WE WANT IN OLD TOWN, ESPECIALLY WHEN WE'RE TALKING ABOUT WHAT, THREE VACANT BUILDINGS IN A ROW CURRENTLY RIGHT THERE. CAN YOU, CAN YOU OR IS STAFF'S RECOMMENDATION BASED MORE IN THE FACT THAT THIS TYPE OF GAMING ROOM IS CURRENTLY ALLOWED ONLY IN HEAVY COMMERCIAL AND NOT GENERAL COMMERCIAL? BECAUSE THAT'S NOT REALLY WHAT I READ IN THE IN THE RECOMMENDATION PART. YEAH, I THINK IT WAS SOME OF BOTH, BUT I THINK BECAUSE IT'S ALREADY PERMITTED. BY RIGHT IN HEAVY COMMERCIAL LIKE YOU MENTIONED. YEAH, THAT THAT TYPE OF USE WOULDN'T WORK IN OLD TOWN IF, IF STAFF'S RECOMMENDATION, I'M NOT GOING TO CALL IT A RECOMMENDATION. I'M GOING TO THINK OF IT MORE OF AN ASSESSMENT. I MEAN, STAFF'S IF THIS IS AN ASSESSMENT OF THE CURRENT SPOT THAT A, THAT A GAMING ROOM LIKE THIS CAN EXIST, THAT'S PERFECTLY ACCURATE ASSESSMENT AS A RECOMMENDATION FOR THIS LOCATION, I COULDN'T DISAGREE WITH IT MORE. I THINK THIS IS THIS IS A PERFECTLY ACCEPTABLE USE FROM MY PERSPECTIVE. THE, YOU KNOW, THE OLD TOWN MASTER. AT SOME POINT, MY VIEW IS THAT THE OLD TOWN MASTER PLAN, AND MAYBE THIS IS WHY WE DIDN'T GET A GOLD. WE GOT A SILVER INSTEAD. I'M JUST KIDDING. BUT NO, THAT'S A GREAT THING. BUT. YOU KNOW, WE CAN HAVE A REALLY GOOD PLAN, A GREAT PLAN, A PLAN WE THINK IS PERFECT. AND IF WE STICK TO THAT PLAN IN AN UNWAVERING FASHION, WE CAN RIDE THAT PLAN RIGHT INTO THE GROUND. IT HAPPENS CONSTANTLY IN BUSINESS. I'VE QUOTED THIS BEFORE. I FORGET WHAT MILITARY HISTORIAN SAID IT. NO PLAN SURVIVES FIRST CONTACT

[01:30:01]

WITH THE ENEMY AND CHANGING CIRCUMSTANCES. THE NEED FOR ECONOMIC DEVELOPMENT, THE CONSISTENTLY THE CONSISTENCIES BETWEEN THE TYPE OF EXPERIENCE THAT PEOPLE WILL HAVE AT THIS BUSINESS AND THE THINGS THAT WE SAY WE WANT IN OLD TOWN THROUGH THE MASTER PLAN AND THE COMP PLAN. I THINK I THINK THAT ESSENTIALLY THE RELEGATION OF A GAMING ROOM TO HEAVY COMMERCIAL ONLY IS A FAILURE OF THE THAT THAT IS NOT ACTUALLY IN COMPLIANCE WITH THE COMPREHENSIVE PLANS LARGER IDEALS OF ECONOMIC PROSPERITY. LATER TONIGHT WE'RE GOING TO BE TALKING ABOUT CAPITAL IMPROVEMENT PROJECTS AND SOME OF THE ECONOMIC PROSPERITY ACTIONS THAT WE WANT TO TAKE. AND I THINK THAT TO DENY THIS WOULD BE IN VIOLATION OF THE SPIRIT OF THOSE VERY THINGS WE'RE GOING TO TALK ABOUT LATER. SO I'M GOING TO VOTE YES ON THIS. THAT'S ALL I'VE GOT. THANK YOU. COMMISSIONER, VICE CHAIR. COMMISSIONER LANTRIP, I DO NOT HAVE A STRONG OPINION ON THIS EITHER WAY. RIGHT NOW. I'M STILL LISTENING. SO I'M GOING TO.

PASS. PASS IT. ALL RIGHT. I DON'T HAVE STRONG OPINIONS EITHER, BUT I LIKE VERY MUCH THE PRESENTATION AND THE FACT THAT YOU HAD INDICATED THAT THERE'S NO ALCOHOL THERE. IT'S STRICTLY GAMING. AND THAT TO ME IS VERY POSITIVE. SO WE'VE GOT BARS AND THINGS LIKE THAT AROUND. SO WHY NOT HAVE AN AREA FOR ADULTS VERSUS ONLY THINGS FOR KIDS. SO THAT'S I'M I'M INCLINED TO BE OKAY WITH IT. ALL RIGHT. COMMISSIONER MORALES, I THINK A LOT OF THE QUESTIONS I HAD, YOU DID A GREAT PRESENTATION. YOU DID ADDRESS IT. I DO WHEN YOU LOOK AT OLD TOWN AND THE COMPREHENSIVE PLAN, IT'S CREATING A DESTINATION. AND I THINK WHAT WHAT ACTUALLY CREATES A DESTINATION, IN MY OPINION, IS A WALKABLE AREA THAT HAS MULTIPLE ENTERTAINMENT OPTIONS, FROM RESTAURANTS TO BARS TO OTHER SOCIAL CLUBS. SO I DO THINK IF WE WANT TO MAKE OLD TOWN A WALKABLE DESTINATION THAT STARTS TO DRIVE A LITTLE ECONOMIC ENGINE THERE, THIS COULD HELP. SO THAT'S. COMMISSIONER MEHAN. YEAH. SO WHEN I LOOK AT OUR HEAVY COMMERCIAL DESIGNATION AND OUR ZONING ORDINANCE, I, I THINK WE'RE GOING TO HAVE TO RELOOK AT THAT. SO I KIND OF GOING TO ECHO SOME AND A BIT DIFFERENTLY THAN COMMISSIONER COMBS STATEMENTS BECAUSE IN, IN HEAVY COMMERCIAL. SO IN ORDER TO HAVE A BINGO PLACE, A CAR TITLE PLACE, COMMERCIAL, LAUNDRY, GAMING ROOM, ALL OF THOSE HAVE TO BE IN HEAVY COMMERCIAL, BUT WE ONLY DESIGNATE HEAVY COMMERCIAL ACCORDING TO OUR COMPREHENSIVE PLAN IN INDUSTRIAL OR EMPLOYMENT CENTER. IS THAT WHERE I WANT A BINGO PLACE? IS THAT WHERE I WANT A GAMING CENTER? RIGHT. I THINK WE REALLY NEED TO LOOK AT THIS. IS THAT WHERE I WANT A CAR TITLE LOAN, WHICH, BY THE WAY, IS RIGHT THERE, RIGHT. SO AND I ALSO LOOKED AT OUR COMPREHENSIVE PLAN AND YOU KNOW, WHERE WE HAVE OUR BINGO PLACE OVER OFF OF HERE. AWAY IS IN AN ACTIVITY CENTER THAT'S NOT HEAVY COMMERCIAL. AND I DON'T KNOW IF IT'S GRANDFATHERED IN OR HOWEVER WE GET INTO THAT. I'M NOT TO GET INTO THE RHYMES OR REASONS WHY, BUT I ALSO DISAGREE WITH KIND OF HOW WE'VE LAID THIS OUT.

BECAUSE, YOU KNOW, IF I'M GOING TO MY JOB OR, YOU KNOW, MY WIFE IS GOING TO THEIR JOB, I DON'T WANT TO BE WALKING BY THE CAR TITLE LOAN PLACE ON THE WAY INTO WORK, BECAUSE THAT'S NOT THE TYPES OF WORK THAT I DO, RIGHT? I GO TO A CORPORATE OFFICE, NOT, YOU KNOW, MY MOM AND MOM AND POP SHOP. SO I THINK THAT WE DEFINITELY NEED TO LOOK AT THAT. SO I TEND TO AGREE WITH COMMISSIONER COLLUM ON THIS. AND DO I THINK THAT THIS IS AN APPROPRIATE USE FOR THIS SPACE? ABSOLUTELY. SO THAT'S IT. ALL RIGHT I'M UP. YEAH. ALL RIGHT. GOOD DEAL. WELL I MEAN Y'ALL ECHO A LOT OF THE SENTIMENT HERE. SO I MEAN OF COURSE I DO HAVE STRONG OPINIONS. THESE GUYS WILL ATTEST TO THAT. BUT THE TWO THINGS THAT STAND OUT TO ME. ONE, THE HEAVY COMMERCIAL, WHICH IS THIS IS OBVIOUSLY TO COMMISSIONER MAHAN'S POINT, I WANTED TO ASK STAFF SPECIFICALLY, SO WHAT IS ALLOWED IN THE MULTI-USE CORRIDOR, BECAUSE A LOT OF THIS IS PRETTY MUCH IN A MULTI-USE CORRIDOR. AND, YOU KNOW, LIKE, DO WE NOT ALLOW HEAVY COMMERCIAL BECAUSE IT SAYS PAWNSHOPS? I MEAN, THERE'S PAWNSHOPS IN, IN, IN THOSE CORRIDORS. THERE'S, YOU KNOW, LOANS, PAYDAY LOANS, PLACES IN THOSE CORRIDORS. AND SO I'M JUST TRYING TO UNDERSTAND, LIKE, WHAT DO WE ALLOW AND NOT ALLOW IN MULTI-USE CORRIDORS. BRING SOMETHING UP

[01:35:05]

REAL QUICK. YEAH. SO PROBABLY TWO CITY COUNCILS AGO WE WENT THROUGH AN UPDATE TO THE ZONING ORDINANCE WHERE THEY TOOK CERTAIN USES THAT THEY CLASSIFIED AS UNDESIRABLE, AND THEY PLACED THEM IN HEAVY COMMERCIAL. AND WHEN THEY DID THAT, WE HAD EXISTING CAR TITLE LOAN PLACES, WE HAD PAYDAY LOANS, WE HAD BINGO. WE HAD ALL THESE THINGS IN PLACE. THEY'RE GRANDFATHERED IN BASICALLY. CORRECT. RIGHT. SO WHAT HAPPENS IS STAFF IS GIVEN THESE DIRECTIONS AND WE'RE GIVEN AN ORDINANCE TO IMPLEMENT. SO NOW WE HAVE A DIFFERENT COUNCIL. SO THE DIFFERENT COUNCIL HAS THE ABILITY TO MAKE THESE TYPES OF CHANGES. SO IF THE COMMISSION SEES IT AS APPROPRIATE YOU SHOULD JUST APPROVE IT. UNDERSTOOD. OKAY. YEAH I MEAN THAT THAT WAS THE ONE THING THAT I WAS STICKING TO WHEN IT COMES TO THE BLACK AND WHITE VIEW THAT WE HAVE AS A, AS A PLANNING AND ZONING COMMISSION. THE OTHER PIECE OF IT, AND THIS IS WHERE MY OPINION REALLY COMES INTO PLAY, AND THAT IS, YOU KNOW, THE OLD TOWN LEANDER MASTER PLAN. AS I SAID BEFORE, WHEN WE HAD THE SMOKE AND VAPE SHOP THAT THAT GOT APPROVED ACROSS THE STREET INSIDE THE BEER MARKET, I WAS AGAINST THAT BECAUSE I DON'T FEEL LIKE THAT PARTICULAR BUSINESS IS IN ALIGNMENT WITH THE OLD TOWN MASTER PLAN. I DON'T REALLY HAVE AN OPINION ONE WAY OR THE OTHER. I MEAN, I'VE SEEN THE PICTURES ONLINE, I'VE SEEN THEM ON GOOGLE MAPS, AND I THINK I EVEN SAW MY NEIGHBOR IN ONE OF THOSE PHOTOS, QUITE FRANKLY. AND SO, I MEAN, AND I THINK I'VE EVEN SEEN YOU AT SOME AT SOME CHARITY EVENTS OR GALAS THAT I'VE BEEN TO AS WELL. SO I DO, I DO KIND OF CAN VOUCH FOR THE FACT THAT, YES, YOU ARE, YOU KNOW, OUT THERE AND GIVING BACK TO THE COMMUNITY, WHICH I THINK IS GREAT. AND YOU'RE PART OF THE CHAMBER, WHICH I THINK IS GREAT.

THAT'S THE KIND OF STUFF WE LOVE TO SEE AS BUSINESSES. AND I APPRECIATE THE PRESENTATION TOO, BECAUSE THAT WAS REALLY NICE AS WELL. AND IT DOES GIVE US A LITTLE BIT MORE CONTEXT OF WHAT'S OF WHAT YOUR INTENTIONS ARE. AND CERTAINLY I HOPE THAT'S STILL THE CASE. DOESN'T MEAN YOU STILL CAN'T GIVE TO THE SANDY CREEK, YOU KNOW, YOU KNOW, FLOOD VICTIMS OVER THERE AS WELL. YOU CAN DO THAT EITHER WAY. YOU DON'T HAVE TO HAVE A BUSINESS IN LEANDER TO DO THAT. BUT BUT TO ME, ONCE AGAIN, A FIVE YEAR SPECIAL USE PERMIT IN A BUILDING. AND THIS IS WHERE I, I LOOK AT THE OLD TOWN MASTER PLAN. IS THAT BUILDING GOING TO STILL BE THERE IN FIVE YEARS, OR IS THE CONSTRUCTION OF THIS OLD TOWN MASTER PLAN WITH SOME OF THE DEVELOPMENTS THAT I'VE SEEN IN THE RENDERINGS I'VE SEEN, YOU KNOW, IS THAT GOING TO GET MOVED OUT AND YOU'RE GOING TO HAVE TO MOVE OUT. YOU KNOW, WHEN WE SIGN THE LEASE, THERE'S ONLY TWO YEARS. YEAH. COME ON UP TO THE MIC, ACTUALLY, SO WE CAN HEAR YOU. SO THE CONDITION WHEN WE SIGN THE LEASE WAS ONLY TWO YEARS. WE DIDN'T KNOW THAT THE SPECIAL USE WAS FIVE YEARS. RIGHT. SO IN TWO YEARS, IF SHE OUTGROWS THE SPOT, WELL, IF WE NEED TO MOVE TO ANOTHER AREA AND, YOU KNOW, THE SPECIAL USE PERMIT IS NO LONGER VALID, LIKE AT SOME POINT, I MEAN, OBVIOUSLY YOU'RE LEASING THE SPACE. YES.

RIGHT. YES. AND SO IF THAT PERSON SELLS TO A DEVELOPER AND IF WE HAVE TO YOU HAVE TO YOU'D MOVE, WE WOULD MOVE TO LIKE IF WE HAVE TO LIKE IF, UNLESS THEY'VE CHANGED THE, YOU KNOW, TO LIKE YOU GUYS SAID THE COUNCIL CHANGES THE ZONING WHERE WE CAN GET SOMEWHERE FASTER, THEN THAT'S FINE IF WE HAVE TO FIND A HEAVY COMMERCIAL. LEANDER, THAT'S NOT AN ISSUE. IF THE IF THE IF THE PROPERTY IS IN SELLS IN. AND HE LITERALLY JUST BOUGHT A SIX MONTHS AGO. YEAH.

SO I DON'T THINK HE'S GOT TO GET RID OF IT ANYTIME SOON. FAIR ENOUGH. BUT LIKE IF IT GETS IT GETS SOLD IN TWO YEARS OR WHATEVER AND HE HAS TO MOVE. WHERE DOES THE SPECIAL USE PERMIT GO? DOES HE HAVE TO REAPPLY FOR THAT IF HE HAS AT HIS NEW LOCATION? HE HAS TO HAVE THE RIGHT ZONING. I MEAN, AT THAT AT THAT TIME, I WOULD CROSS THAT BRIDGE IF IT ONLY FOCUSES ON THAT LOCATION. YEAH. THIS PROPERTY. AND THEN IF HE LEAVES, THE ZONING STAYS SO SOMEONE ELSE CAN MOVE IN AND OPERATE THERE THAT WAY. YEAH. BECAUSE MY, MY POINT IS LIKE, YOU KNOW, A LOT CAN CHANGE IN FIVE YEARS. YEAH. ABSOLUTELY. THE INTENT OF THE OLD TOWN LEANDER, YOU OBVIOUSLY HAVE DAYTIME FAMILY ACTIVITIES. YOU HAVE NIGHTTIME ENTERTAINMENT ACTIVITIES. AND SO, YOU KNOW, WE ALREADY HAVE A LITTLE BIT OF BOTH RIGHT NOW. AND SO MY ONLY CONCERN WAS JUST THAT APPROVING A FIVE YEAR PERMIT IN THIS LOCATION THAT MAY OR MAY NOT BE THERE LONG TERM, OR IT MAY BE FORCES US TO KEEP THAT THERE WHEN MAYBE A NEW DEVELOPMENT COULD COME IN TO START REALIZING THE POTENTIAL OF THE OLD TOWN LAND. THAT WAS MY MAIN CONCERN. BUT ONCE AGAIN, I I'M NOT I'M NOT REALLY IN A SITUATION WHERE I FEEL LIKE WE SHOULD EITHER DENY THIS OR COMPLETELY OUT. SO I'M JUST GOING TO DEFER BACK TO, I DON'T KNOW, COMMISSIONER LANTRIP, DO YOU HAVE ANYTHING ELSE YOU WANTED TO ADD AT THIS POINT AFTER YOU'VE HEARD THE DISCUSSION? I DON'T HAVE A PROBLEM WITH IT. YOU KNOW, IF SOME ARE STILL ON THE FENCE, PERHAPS A SHORTER TERM FOR THE SPECIAL USE PERMIT. IF EVERYBODY'S OKAY WITH FIVE YEARS. OKAY. I'M FINE. I MEAN, AT THIS POINT, I MEAN, IF HE'S GOT A TWO YEAR LEASE, HE RESIGNS. I JUST ONCE AGAIN, WE CAN WE COULD CERTAINLY MAKE A RECOMMENDATION OR A MOTION TO DO TWO YEARS. BUT ONCE AGAIN, I DON'T KNOW IF THAT REALLY SOLVES ANYTHING. YOU HAVE ANY THOUGHTS. AND I THINK REDUCING IT ACTUALLY PUTS SOME MORE BURDEN ON THE APPLICANT AT THAT POINT, BECAUSE HE HAS TO COME IN AND REAPPLY.

IF HE STAYS IN THAT LOCATION, HE HAS TO COME AND REAPPLY, PAY THE ASSOCIATED FEES, ETC. TO GET ANOTHER SPECIAL USE PERMIT. HE HAS TO REAPPLY ANYWAY. SO WE DID MODIFY TO HAVE AN EXTENSION PROCESS. SO IT'S CHEAPER AND IT'S A LITTLE MORE EFFICIENT. NO. HERE'S HERE'S A REAL QUICK QUESTION. I DON'T MEAN TO INTERRUPT, BUT LET'S SAY TWO YEARS AT THE END AND HE ASK US,

[01:40:02]

HEY, DO YOU WANT TO RENEW? YOU KNOW, HE GIVES US ANOTHER TWO YEARS. SO NOW WE'RE FOUR YEARS IN BECAUSE, I MEAN, WE PLAN ON BEING HERE FOR, YOU KNOW, AS LONG AS YOU AS LONG AS EVERYBODY, YOU KNOW, WANTS US TO BE HERE. YEAH. AND THE GENTLEMAN THAT WE LEASED THE LEASED IT FROM WAS MORE THAN, LIKE, HAPPY. AS SOON AS I TOLD HIM WHAT STYLE. AND I SHOWED HIM A LITTLE BIT NOT AS NOT AS EXTENSIVE AS I SHOWED YOU GUYS, BUT LIKE ALL THE LAWS AND EVERYTHING THROUGH TEXAS AND EVERYTHING THAT WE DO, HE JUMPED RIGHT ON IT. OKAY? I MEAN, AND I THINK HE LITERALLY BOUGHT IT FROM WITCHER THREE MONTHS BEFORE WE LEASED IT. SO HE THERE WAS LITERALLY THREE MONTHS AND HE HAD AN APPLICANT IN THERE. AND YOU KNOW, WE STARTED LEASING IT RIGHT THEN.

SO HE WAS MORE THAN HAPPY TO DO IT. SO ALL RIGHT. WELL WITH THAT THIS IS AN ACTION ITEM. SO DO I HAVE A MOTION ONE WAY OR THE OTHER. MOTION TO APPROVE SECOND OKAY I HAVE A MOTION TO APPROVE BY THE VICE CHAIR SECONDED BY COMMISSIONER LEWIS. ALL THOSE IN FAVOR. ALL RIGHT. WELL IT PASSES

[10. Discuss and consider action on Tree Removal Case TRP-25-0039 regarding the removal of seven (7) Heritage Trees associated with the Wildspring Phase 2 Public Improvement Construction Plans (PICP-25-0199), generally located west of the intersection of Peach Drift Drive and White Mistleflower Drive, Williamson County, Texas.]

OKAY. THANK YOU. ALL RIGHT. WE'LL MOVE ON TO ITEM NUMBER TEN. OUR REGULAR AGENDA. THIS IS DISCUSSING. CONSIDER ACTION ON TREE REMOVAL CASE TRP DASH 20 5-0039 REGARDING THE REMOVAL OF SEVEN HERITAGE TREES ASSOCIATED WITH THE WILD SPRING. PHASE TWO PUBLIC IMPROVEMENT CONSTRUCTION PLANS. GENERALLY LOCATED WEST OF THE INTERSECTION OF PEACH DRIFT DRIVE AND WHITE FLOWER DRIVE, WILLIAMSON COUNTY, TEXAS. STAFF PRESENTATION. GOOD AFTERNOON, COMMISSIONERS. MAYOR LEE VAN LEUVEN, PLANNING DEPARTMENT. THIS REQUEST IS THE FINAL STEP IN THE TREE REMOVAL REQUEST PROCESS. THE APPLICANT HAS SUBMITTED A REQUEST TO REMOVE SEVEN HERITAGE TREES, MEASURING A TOTAL OF 214.5 CALIPER INCHES DUE TO BUILDING PAD CONFLICTS ASSOCIATED WITH THE WILD SPRING.

PHASE TWO PUBLIC IMPROVEMENT CONSTRUCTION PLANS, OR PICP. PER OUR SUBDIVISION ORDINANCE, HERITAGE TREES MAY BE REMOVED WITH THE APPROVAL OF A TREE REMOVAL PERMIT AND AFTER THE REQUIRED MITIGATION HAS BEEN APPROVED, THE PLANNING AND ZONING COMMISSION SHALL VIEW ALL APPLICATIONS FOR HERITAGE TREE REMOVAL PERMITS AND MAKE A RECOMMENDATION FOR APPROVAL OR DENIAL TO CITY COUNCIL, WHICH SHALL HAVE FINAL AUTHORITY TO ISSUE THE PERMIT. THE EXCUSE ME, THE TREE PRESERVATION PLAN APPROVED THROUGH THE PRELIMINARY PLAT DID NOT INCLUDE THE HERITAGE TREES PROPOSED FOR REMOVAL. WITH THIS PERMIT, THE DEVELOPER HAS THE OPTION TO REMOVE TREES FROM THE PAD SITE. AT THE TIME OF BUILDING PERMIT, BUT HAS OPTED TO REMOVE THEM WITH THE PICP AND PER COMPOSITE ZONING ORDINANCE. THE DEVELOPMENT PLAN FOR REMOVAL OF THE TREES FROM THE PAD SITE DURING THE SUBDIVISION CONSTRUCTION PHASE. IF TREES ARE PROPOSED FOR REMOVAL AT THIS STAGE, MITIGATION REQUIREMENTS SHALL APPLY. STAFF IS NOT VERIFIED THAT THE LOCATION OF THE TREES WILL BE IMPACTED BY THE BUILDING PAD. AS THIS IS FOR A RESIDENTIAL SUBDIVISION. THE SURROUNDING AREAS ARE FOR THE EDGEWOOD SUBDIVISION TO THE NORTH, AND THEN YOU'LL SEE WILD SPRINGS PHASE ONE TO THE EAST AND SOUTH, AND JUST GENERALLY A RESIDENTIAL AREA. SO THIS PROPERTY DOES CONTAIN SOME FLOODPLAIN AS WELL AS SOME TREE COVERAGE THROUGHOUT THE TRACT. AS FOR THE CASE HISTORY, THEY'VE HAD MULTIPLE MULTIPLE DEVELOPMENT PLANS, INCLUDING THEIR PRELIMINARY PLAT AND PUBLIC IMPROVEMENTS FOR PHASE ONE, AND WHICH INCLUDED THEIR CLEARING AND GRADING AND GENERAL SUBDIVISION DEVELOPMENT. AS FOR THE SUBDIVISION ORDINANCE AND THEIR TREE MITIGATION REQUIREMENTS, UP TO 50% OF THE CALIPER INCHES OF SIGNIFICANT TREES BETWEEN 8 AND 26 CALIPER INCHES MAY BE REMOVED WITHOUT MITIGATION. FOR SINGLE FAMILY AND TWO FAMILY SUBDIVISIONS. AND SINCE WE'RE TALKING ABOUT THE HERITAGE TREES, THE MITIGATION SHALL BE REQUIRED AT A 3 TO 1 CALIPER INCH BASIS AND A

[01:45:06]

MITIGATION FEE IN THE AMOUNT OF $300 PER CALIPER INCH REMOVED. THE MITIGATION MAY BE ACHIEVED THROUGH CREDIT OF EXISTING TREES, ON SITE REPLACEMENT TREES PLANTED ON SITE, OR PAYMENT IN LIEU OF REPLACEMENT TREES. SO THE APPLICANT IS SAVING APPROXIMATELY 23 SIGNIFICANT TREES AND 14 HERITAGE TREES WITHIN PHASE TWO, AND PROPOSING TO SAVE ROUGHLY 54% OF SIGNIFICANT TREES AND OVER 80% OF THE HERITAGE TREES FOR THE OVERALL WILD SPRING SUBDIVISION.

AND THE MITIGATION IS PROPOSED TO BE CREDIT FOR EXISTING TREES ON SITE. YOU CAN REFERENCE ATTACHMENT FOR THAT BREAKDOWN AS WELL. THERE'S A TOTAL TREE REMOVAL FEE IN THE AMOUNT OF $98,000, $98,700, BASED OFF OF THE REMOVAL OF 329 CALIPER INCHES AT A RATE OF $300 PER INCH, 64,350 WOULD BE REQUIRED TO BE PAID WITH PHASE TWO, AND THE DEVELOPER HAS ALREADY PAID 34,350 WITH PREVIOUS DEVELOPMENT PERMITS, AND THE DEVELOPERS REQUIRED TO REPLACE ROUGHLY 548 CALIPER INCHES FOR THE WILD SPRING SUBDIVISION. AND WE DO RECOMMEND APPROVAL. THANK YOU, THANK YOU. IS THE APPLICANT HERE WISHING TO SPEAK? ALL RIGHT. COME ON UP. GOOD EVENING.

COUNCIL. MY NAME IS CHRIS WEEKS. I'M A SENIOR DEVELOPMENT MANAGER FOR TOLL BROTHERS, AND I JUST I WAS HERE TONIGHT JUST TO ANSWER ANY OF YOUR QUESTIONS. YOU KNOW, WE'RE NOT GOING OUT AND JUST COMPLETELY WRECKING ALL THE TREES IN THIS NEIGHBORHOOD. WE'RE SAVING A BEAUTIFUL PORTION OF BRUSHY CREEK AND A LOT OF THE HERITAGE TREES ON THERE. UNFORTUNATELY, THESE JUST ENDED UP IN THE BUILDING PADS AS VERIFIED BY OUR CONSULTANTS. NOT ONLY OUR CIVIL ENGINEER ON THE SITE, BUT ALSO OUR INTERNAL ENGINEERS THAT DEVELOP OUR PLOT PLANS FOR OUR BUILDING PADS FOR THESE HOME PRODUCTS. SO, OKAY, I'M HERE IF YOU HAVE ANY QUESTIONS. ALL RIGHT. THANK YOU.

STAFF. CAN CAN YOU ALL BRING UP THE MAP OF WHERE THE TREES ARE LOCATED? I BELIEVE THERE'S THEY'RE CIRCLED WITH A BLUE DOTTED LINE. THINGS PROBABLY BRING UP THE FIRST ONE. I THINK THERE'S ABOUT FOUR DIFFERENT PLOT MAPS. YES. SO THIS AREA HAS. OH. THAT HAS THE MAJORITY OF. YEAH, I CAN SEE IT HERE. IT'S IN THAT TOP TOP CENTER CORNER. THAT'S WHERE THE MAJORITY ARE. AND THEN THERE'S KIND OF HARD TO SEE. BUT YEAH I GOT IT. SO MY QUESTION FOR YOU WAS I, I LOOKED AT THE LOCATION OF THE TREES ON SEVERAL OF THESE. NOW IF I LOOK AT AND BECAUSE WE GOT SEVEN TREES, WE CAN KIND OF, YOU KNOW, WE CAN KIND OF WALK THROUGH TREE BY TREE. IT'S NOT LIKE WE'RE REMOVING 500 TREES. WE PROBABLY BE A LITTLE BIT LESS DETAILED, BUT WITH SEVEN TREES. I WAS LOOKING AT THE LOCATION OF WHERE THESE HERITAGE TREES ARE, AND I'VE LOOKED AT LOT 63, 59 AND IT'S THE CAN WE GO BACK ONE SO YOU CAN KIND OF SEE WHERE I'M WHAT I'M REFERRING TO AND WE CAN. THERE YOU GO. SO YEAH, IT'S THAT IT'S THAT TOP MIDDLE ONE.

I'M JUST CURIOUS ON THAT ONE IS LIKE IS THERE A DRIVEWAY GOING IN THERE? CAN YOU, CAN YOU CAN YOU CHANGE THE ORIENTATION OF, OF THE HOME. SO BECAUSE IT DOESN'T SEEM LIKE IT'S LIKE RIGHT IN THE MIDDLE OF THE LOT THAT IT WOULD BE, YOU KNOW, THAT THE DEVELOPMENT OF THE HOUSE WOULD BE AFFECTED. POINT TO. YEAH, I CAN'T READ THE NUMBERS FROM HERE. I'VE GOT PRETTY BAD CONTEXT. BUT ARE YOU REFERRING TO THE LOT ON THE SOUTH SIDE OF THE CUL DE SAC? NO, IT'S A TOP OF THE CUL DE SAC TOWARDS THE, I GUESS, KIND OF TOWARDS 175 ON THE MIDDLE, MIDDLE LEFT OF THE PLOT THERE. COMMISSIONER MEHAN, COULD HE BORROW YOUR LASER POINTER? THERE WE GO. YEP. THERE IT IS RIGHT THERE. YEP. UNFORTUNATELY, WE DO HAVE AN EXTENSIVE GRADING IN THAT AREA TO GET THE PAD TO HEIGHT USABLE IN THAT CUL DE SAC. GOT IT. OKAY, NOTICE THE DASHED LINES ARE THE CONTOUR LINES. YEAH. FOR EXISTING. AND THAT WOULD ALSO REQUIRE A SUBSTANTIAL TREE. WELL FOR THE PROTECTED ROOT AREA OKAY. WHICH GETS INTO THE BUILDING PAD OKAY. SO THEN I'LL

[01:50:04]

OKAY. FAIR ENOUGH I'LL MOVE ON 6315. SO IT'S THE ONE RIGHT BELOW IT I THINK THERE'S ONLY TWO. THERE'S FOUR ON THIS MAP. SO WE CAN PROBABLY GET MOST OF IT DONE HERE. THERE YOU GO. YEP.

THAT'S IN THE BACK CORNER. WHAT IT LOOKS LIKE. OR I GUESS THAT'S THE FRONT CORNER OF THE LOT AS WELL. PROBABLY RIGHT WHERE THE DRIVEWAY IS AT OKAY. AND YOU CAN'T FLIP FLOP THAT ON I GUESS BECAUSE THE WHERE THE CUL DE SAC IS GOING TO GO. CORRECT. AND THE HOUSE IS GOING TO HAVE TO BE PUSHED TOWARDS THAT LEFT SIDE OF THE TREE. NO I'M KIDDING. SO ALL RIGHT. SO THEN THE OTHER ONE THAT I THINK THAT WAS INTERESTING TO ME WAS LOT. SO IT'S ACTUALLY LOT SEVEN. IT'S A VERY BOTTOM RIGHT CORNER. 6545. THAT ONE DOWN THERE THAT IS DEFINITELY IN THE BACK OF THE LOT. SO LIKE WHAT WHAT'S HAPPENING. IS THAT ANOTHER GRADING ISSUE. OR WE AGAIN WE'RE INTEGRATING ON THOSE LOTS OKAY. SO ON THIS SITE YOU KNOW WE DO DEAL WITH A FALL OFF TOWARDS BRUSHY CREEK. SO AS WE HAVE TO GRADE THOSE LOTS OUT FOR THE PADS TO BE USABLE. THAT WAY WE'RE NOT BUILDING IN, YOU KNOW, 1020 STEPS AT THE FRONT OF THE HOUSE. GOT IT TO GET A REALLY NICE, USABLE HOUSE FOR A FAMILY TO HAVE A NICE BACKYARD THAT'S NOT JUST FALLING OFF A CLIFF. IT DEPENDS ON WHERE YOU LIVE. IN AUSTIN, YOU MAY HAVE A CLIFF IN YOUR BACKYARD, I GET IT. YEAH.

THERE WAS ONE MORE I THINK I HAD A QUESTION. OH, YEAH. HERE IT IS. IT'S. SO IF YOU GO TO THE CAN WE GO TO THE NEXT. IT'S TWO MAPS OVER. SO IT'S GOING TO BE LOT EIGHT WHICH IS A TREE 65, 38 I'LL TELL YOU WHEN YOU'RE THERE. WHEN YOU'RE THERE. YEAH. SO THIS IS GOING TO BE THAT TOP RIGHT CORNER. THANK YOU, COMMISSIONER MEHAN. THAT'S THE RIGHT BACK CORNER OF THAT LOT. LOOKS LIKE IT'S GOING TO BE MAYBE POTENTIALLY ON A FENCE LINE WHICH REALLY SHOULDN'T IMPACT IT. SO YEAH THAT'S THAT'S ACTUALLY DIRECTLY BELOW THE LAST ONE WE JUST TALKED ABOUT OKAY.

TOP EDGE OF THAT OKAY. MAP IS THE ADJOINING TREE. SO AGAIN IMPACTED BY OUR GRADING OKAY.

ALL RIGHT. FAIR ENOUGH. I JUST WANT TO UNDERSTAND THAT BECAUSE ONCE AGAIN USUALLY WHEN WE SEE A TREE REMOVAL CASE THE TREES ARE LIKE RIGHT IN THE MIDDLE OF THE ROADWAY. THEY'RE RIGHT IN THE MIDDLE WHERE THE HOUSE OR THE BUILDING IS GOING TO GO. WE KIND OF JUST GO LIKE WE WANT TO SAVE THE TREES, BUT WE UNDERSTAND CONSTRUCTION HAS TO HAPPEN. SO THOSE ARE ALL MY QUESTIONS. I'LL START WITH THE COMMISSIONER MEHAN OR ANYBODY ELSE WHO HAS ANY COMMENTS. TREE CASES ARE ALWAYS HARD FOR ME BECAUSE UNFORTUNATELY, I KNOW WE NEED TO REMOVE TREES TO DEVELOP, BUT IT'S HARD TO SEE THEM GO, ESPECIALLY OUR HERITAGE TREES, WHICH ARE OUR MOST MATURE TREES.

AND ESPECIALLY WHEN THE ARBORIST SAYS A GOOD CANDIDATE FOR PRESERVATION. RIGHT. SO THAT'S THAT'S ALWAYS TOUGH FOR ME. I DO APPRECIATE HOW YOU'RE PRESERVING, YOU KNOW, OVER 80% OF THE HERITAGE TREES. I THINK THAT'S AMAZING. YOU KNOW, ALMOST 60% OF THE SIGNIFICANT TREES. I THINK THAT'S AWESOME. SO, YOU KNOW, I'LL DO MY TYPICAL HALF HAND WHEN I HATE TO SAY YES, BUT I KNOW THAT'S KIND OF WHERE WE NEED TO GO. THAT'S WHAT YOU'LL SEE FROM ME LATER. ABSOLUTELY.

UNDERSTAND? YEAH. COMMISSIONER MORALES. YEAH, I'M ALL FOR PRESERVING TREES. BUT, YOU KNOW, I HATE TO SEE WHEN IT'S, LIKE, A FLAT LOT. AND THEY BULLDOZE THE TREES. EVERY TREE. BUT IT LOOKS LIKE YOU ALL TRIED YOUR BEST EFFORT TO PRESERVE WHERE YOU CAN. AND I DO REALIZE THAT THIS SITE IN PARTICULAR, YOU HAVE SOME GRADING CHALLENGES WHICH, YOU KNOW, MAKE IT EVEN MORE CHALLENGING TO PRESERVE TREES. AND IT DOES LOOK LIKE YOU ALL TRIED YOUR BEST TO DO WHAT YOU CAN. SO GREAT, COMMISSIONER LEWIS. I GUESS I SAME THING. I HATE LOSING TREES. WE JUST LOST A WHOLE BUNCH BEHIND US FOR PROGRESS. HOWEVER YOU ARE AGAIN. I SAW HOW MANY YOU WERE SAVING SO THAT AT LEAST MADE ME FEEL A LITTLE BETTER. IT'S BEST JUST NOT TO LOOK AT THE PICTURES OF THE ONES THAT ARE BEING REMOVED. THAT'S IT. SO FORTUNATELY FOR US, WE GET TO PLANT AS MANY AS WE POSSIBLY CAN AROUND THE HOUSES. SO GREAT, GREAT. THANK YOU. IT'S AN ABSOLUTE BEAUTIFUL NEIGHBORHOOD. IF YOU DON'T GET A CHANCE, GO OUT AND SEE IT. AND THE TRAIL ON BRUSHY CREEK IS FANTASTIC. OH, GOOD. ARE YOU BUILDING A BRIDGE ACROSS THE TRAIL? WE DON'T HAVE ONE CURRENTLY. WE'RE GOING TO EXPLORE THAT IN PHASE THREE. SO, ROBIN, COMMISSIONER LANTRIP, WELL, MY YES VOTE IS REALLY BASED ON THE SUMMARY THAT FOR PHASE ONE AND PHASE TWO OVERALL, THAT YOU'RE SAVING 54 OF THE PERCENT OF SIGNIFICANT TREES AND 80% OF THE HERITAGE TREES. AND I HAVE A QUESTION BECAUSE ON THE AERIAL. SO YOUR PHASE ONE IS JUST TO THE SOUTH OF PHASE TWO.

YES, MA'AM. AND WHICH ONLY SHOWS PART OF IT. AND I KNOW WE'RE NOT VOTING ON PHASE ONE RIGHT NOW.

WE'RE VOTING ON PHASE TWO. BUT IT LOOKED LIKE THERE WEREN'T VERY MANY TREES LEFT THERE. ARE THEY MORE ALONG THE PERIMETER AND IN THE SOUTHERN PORTION OF THAT? CORRECT. WE WERE ABLE TO SAVE ALMOST ALL OF THE TREES ALONG BRUSHY CREEK. THERE'S A TEN FOOT MEANDERING TRAIL THROUGH THERE. NOW THAT GOES BETWEEN OUR DETENTION PONDS AND ALONG THE FRONTAGE OF THE TRAIL DOWN THERE, AND WE WERE ABLE TO LEAVE ALMOST ALL OF THAT NATURAL. GREAT VICE CHAIR. I

[01:55:05]

HAVE NOTHING TO ADD. ALL RIGHT. GREAT. WELL, YEAH. I MEAN, AND I'LL JUST ADD ONE MORE. I MEAN, I MEAN, I KNOW TOLL BROTHERS IS A REPUTABLE BUILDER. YOU KNOW, MY, MY ONLY ADVICE AND THIS IS REALLY, ONCE AGAIN, NOT REALLY WITHIN THE PURVIEW OF PLANNING AND ZONING COMMISSION, BUT JUST LIKE I'VE SEEN A LOT OF TREES DEVELOP OVER THE YEARS IN NEIGHBORHOODS. AND SO I LIVE IN NEIGHBORHOOD WHERE TOLL ACTUALLY BUILT HOUSES, AND EVEN MY BUILDER PUT MULTIPLE TREES IN. A LOT OF PEOPLE ARE SEEING THEIR TREES GET BIG AND GROW AND THEIR GRASS DIE. SO IF THERE'S ANY WAY TO PLANT DIFFERENT TREES, LOOKS LIKE THE LIVE OAKS ARE THE ONES THAT TYPICALLY DO THAT. BUT RED OAKS ARE DIFFERENT OR SHUMARD, SO JUST SOMETHING TO CONSIDER. WELL, I'D LIKE TO POINT OUT ALL OF US, ALL OF OUR HERITAGE TREES ARE LIVE OAKS. WELL, THEY ARE, YES, BUT THAT'S THAT. THEY ALSO HAVE A BIGGER CANOPY, TOO. THEY DO, THEY DO. BUT, YOU KNOW, THE NATURAL GRASSES AND A LOT OF THE THINGS THAT THE NATIVE LANDSCAPING AND STUFF THAT I THINK Y'ALL ARE IMPLEMENTING THROUGHOUT, THROUGH SOME OF THE CHANGES IN CODE WILL HELP. WELL, YEAH, A LOT OF PEOPLE HAVE SHIFTED TO ZOYSIA, WHICH IS A MUCH BETTER TOLERANT GRASS FOR THAT KIND OF AREA, THAT KIND OF SHADE AND THAT KIND OF TREE AND THE ACIDITY. SO ANYWAY, JUST MY $0.02 THERE, BUT THIS IS A ACTION ITEM. SO WE HAVE A MOTION TO APPROVE. MOTION TO APPROVE. SECOND MOTION TO APPROVE BY COMMISSIONER SECONDED BY THE VICE CHAIR. ALL THOSE IN FAVOR. ALL RIGHT. IT PASSES. THANK YOU.

APPRECIATE YOUR TIME. THANK YOU. OKAY. Y'ALL ARE USUALLY REALLY QUICK TO JUMP IN THERE. SO I JUST LIVE NEXT TO EVERYBODY HATES BECAUSE THEY CLEAN EVERYTHING. YEAH. EVERYONE IN

[11. Discuss and consider action on recommendations from the Planning & Zoning Commission for the FY 2025/2026 City Budget and Capital Improvement Program (CIP) Plan.]

THE. YEAH. ALL RIGHT. WELL WE'LL MOVE ON TO ITEM NUMBER 11. THIS IS TO DISCUSS AND CONSIDER ACTION ON RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION FOR THE FISCAL YEAR 2526 CITY BUDGET AND CAPITAL IMPROVEMENT PROGRAM PLAN STAFF PRESENTATION. GOOD EVENING. THIS IS A FOLLOW UP FROM THE LAST MEETING. LAST MEETING WAS THE ACTION WAS DELAYED. SO WE CAN ALLOW SOME ADDITIONAL TIME FOR YOU GUYS TO COME UP WITH A LIST OF THINGS TO PROVIDE. SO JUST HERE TO HELP ANSWER ANY QUESTIONS. ALL RIGHT. MY ONLY TAKE WITH THIS WAS ACTUALLY I WAS TALKING TO YOU ABOUT THIS BEFORE THE MEETING, COMMISSIONER. I MEAN, SORRY, DIRECTOR GRIFFIN. AND THAT WAS JUST. AND I DON'T THINK IT'S REALLY A CAPITAL IMPROVEMENT PLAN, BUT I'D HIGHLY RECOMMEND THAT WE REACH OUT TO LEANDER ISD AND INSTALL A SCHOOL ZONE FLASHING LIGHT PAST THE INTERSECTION OF RADER WAY ON CRYSTAL FALLS PARKWAY.

CURRENTLY, THERE'S A FLASHING LIGHT BEFORE YOU GET TO THE INTERSECTION OF RIGHT OF WAY ON CRYSTAL FALLS, BUT WHEN YOU GET THROUGH THE INTERSECTION, THERE IS NO FLASHING LIGHT, AND MOST PEOPLE WHO STOP AT THE LIGHT FORGET THAT THEY'RE IN A SCHOOL ZONE BECAUSE THE LIGHT'S NOT FLASHING, EVEN THOUGH THE SIGN THERE PHYSICALLY SAYS AND HAS THE TIMES WHICH YOU HAVE TO BE DRIVING PRETTY SLOW TO SEE THE SCHOOL ZONE TIME. SO JUST THAT'S MY OTHER RECOMMENDATION. OUTSIDE OF EVERYTHING THAT WAS ALREADY LISTED IN HERE, ANYBODY ELSE HAVE ANY OTHER THOUGHTS OR COMMENTS? I'VE GOT ONE SINCE I'VE POSTPONED IT. YES, I'LL START OUT SINCE. SINCE I DELAYED THIS UNTIL, YOU KNOW, IT'S HARD TO LOOK AT THIS. I KNOW THAT IT'S NOT OUR IN OUR RESPONSIBILITY TO BUDGET DOLLARS, BUT IT IS HARD WHEN YOU DON'T KNOW WHAT THE PILE OF MONEY IS OR HOW MUCH ANY OF THESE COST, SO IT'S HARD TO SAY. WELL, I'D RATHER DO THESE FOUR PROJECTS THAN THIS ONE PROJECT. SO I'M JUST GOING TO TALK IN GENERALITIES AND, AND MY COMMENTS WOULD BE THAT I THINK THE WATER PROJECT SHOULD BE A PRIORITY. SO SORRY, I DIDN'T WANT TO INTERRUPT, BUT ARE YOU TALKING ABOUT THE CIP PLAN OR THE RECOMMENDATIONS FROM THE COMMISSION? SO THAT'S GOING TO BE ON THE NEXT AGENDA TODAY. IT'S JUST YOU GUYS'S RECOMMENDATION THAT YOU WOULD LIKE TO CONTRIBUTE TO THE LIST. SO WE CAN'T PULL ANY OF THESE OFF. YOU CAN MAKE RECOMMENDATIONS ON THEM. THEY'RE ALREADY ON THE LIST. SO IT'S JUST ANYTHING ADDITIONAL. SO IF YOU WANT AND WE CAN PRIORITIZE THESE NEXT TIME. YEAH YOU CAN YOU CAN EMPHASIZE THAT YOU WANT TO DO THOSE. THEY'RE ALREADY ON THE LIST THOUGH. SO ALL 100 OF THESE OR HOWEVER MANY 90 SOMETHING ARE GOING TO BE ON THE LIST. SO IF WE WANT TO IF WE THINK THEY SHOULD BE MOVED UP IN PRIORITY THOUGH, BECAUSE THEY WERE RANKED AND THEN THEY WERE RANKED AGAIN. SO THE ITEM WE'RE TALKING ABOUT RIGHT NOW IS THE COMMISSION'S CIP LIST, NOT THAT LIST. OKAY. SO THAT LIST WILL TALK ABOUT ON THE 28TH. AND THAT'S WHEN WE CAN TALK ABOUT MOVING THE RANK. RIGHT OKAY I'M GOOD. THANK YOU. I GOT ONE IDEA I DON'T KNOW IF THIS IS OKAY FOR CAPITAL IMPROVEMENT. IS THERE ANY LONG TERM PLAN TO EXPAND LAKEWOOD PARK TO THE WEST TO CONNECT TO RAIDERS WAY TO MAKE IT ACCESSIBLE EASIER TO THE PUBLIC TRAIL BETTER ROAD? NO.