* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] I'M [Call to Order - Determine if a Quorum is Present] GONNA CALL THE MEETING TO ORDER AT 6:00 PM UH, I'VE GOT CANDACE STONE IS PRESENT. KYLE KENNEDY IS PRESENT. NICOLE SHAW IS PRESENT. DON SMITH IS PRESENT. UH, CRYSTAL JOHNSON IS ABSENT. BRITTANY MURRAY IS PRESENT AND SIGN TO ALL MYSELF. I'M PRESENT. SO WE DO HAVE A QUORUM, UM, IF WE'LL STAND FOR THE INVOCATION. JOE, I THANK YOU FOR BRINGING US HERE TODAY. UM, PLEASE GUIDE US AND DIRECT US AS WE MAKE RECOMMENDATIONS FOR THE FUTURE OF OUR CITY. UM, AND IT'S IN YOUR NAME I PRAY. AMEN. AMEN. BRITTANY, WILL YOU SAY THE PLEDGE I PLEDGE TO OF THE UNITED STATES OF AMERICA, THE REPUBLIC, WHICH, WHICH STANDS ONE NATION UNDER IN LIBERTY, JUSTICE FOR ALL. KYLE, WILL YOU DO THE TEXAS, TEXAS FLAG, I, TEXAS, FLORIDA STATE BORN INDIVISIBLE. MAY YOU GOT THERE. OKAY. COMMUNITY ANNOUNCEMENTS. ITEMS OF COMMUNITY INTEREST MAY INCLUDE RECOGNIZING CITIZENS AND STAFF FOR OUTSTANDING CONTRIBUTIONS TO THE COMMUNITY. A REMINDER ABOUT AN UPCOMING EVENT THAT IS ORGANIZED OR SPONSORED BY THE GOVERNING BODY AND ANNOUNCEMENTS OF AN INTIMATE THREAT TO PUBLIC SAFETY THAT IS ARISEN AFTER POSTING THIS AGENDA, DO WE HAVE ANY COMMUNITY ANNOUNCEMENTS? OKAY. COMMUNITY INPUT. ANY PERSON MAY ADDRESS THE COMMISSION. IF YOUR COMMENTS ARE CONCERNING AN AGENDA ITEM, YOU MAY WAIT UNTIL THE DISCUSSION ON THAT ITEM. IF YOU PREFER ONCE RECOGNIZED BY THE CHAIRPERSON, PLEASE STEP FORWARD TO THE SPEAKER'S PODIUM AND STATE YOUR NAME AND ADDRESS AND SPEAK DIRECTLY INTO THE MICROPHONE SO THAT PEOPLE IN THE ROOM CAN HEAR COMMENTS AND SEE PRESENTATIONS. CITIZENS' COMMENTS ARE LIMITED TO THREE MINUTES PER INDIVIDUAL, UNLESS ADDITIONAL TIME IS REQUIRED BY LAW. NO DISCUSSION OR ACTION MAY BE TAKEN AT THIS MEETING ON ANY ITEM NOT LISTED ON THE AGENDA, OTHER THAN TO MAKE STATEMENTS OF FACTUAL INFORMATION OR SITE EXISTING POLICY IN RESPONSE TO A CITIZEN'S INQUIRY. IS THERE ANY CITIZEN'S INPUT? OKAY. MOVING [New Business] ON TO NEW BUSINESS. UM, ITEM ONE, HOLD A PUBLIC HEARING. CONSIDER AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING A REQUEST FOR A CHANGE OF ZONING FROM UN ZONE LAND PREVIOUSLY LOCATED IN THE CITY'S CITY OF AUBREY EXTRATERRITORIAL JURISDICTION TO A PLANNED DEVELOPMENT DISTRICT WITH A BASE ZONING DISTRICT OF GR GENERAL RETAIL ON APPROXIMATELY 3.243 ACRES OF LAND LOCATED IN THE JAY BRIDGES SURVEY, ABSTRACT NUMBER 35, DENTON COUNTY, TEXAS, DECAF PARCEL ID 1 0 5 9 7 7 6, BEING CHAIR AND COMMISSIONERS. AND THANK YOU FOR THE OPPORTUNITY TO PRESENT. THIS ITEM IS NOT, IS THERE A WAY TO JUST OKAY. FOR ME, YOU DON'T GET ALL THAT CREDIT . I CAN MESS IT UP. OKAY. SO THIS FIRST ITEM IS THE REZONING APPLICATION FOR THE PLAN DEVELOPMENT DISTRICT FOR HIGH COUNTRY. UM, EARLIER THIS YEAR, THE CITY COUNCIL APPROVED A DEVELOPMENT AGREEMENT AMENDMENT, UH, WITH THE OVERALL DEVELOPMENT TO BRING IN THIS PARTICULAR PARCEL AND ALSO THE, THE PROPERTY TO THE NORTH. UM, YOU ALL HAVE SEEN THAT PRELIMINARY PLAT, THAT TRACK TO THE NORTH IS GOING TO STAY IN THE ETJ. UM, BUT THIS PARTICULAR TRACK TO THE IMMEDIATE SOUTHWEST CORNER, IT'S A A GENERAL RETAIL TRACK AND IT WAS PART OF THAT PRELIMINARY PLAT. SO THAT'S WHY I'M TRYING TO CONNECT THOSE TWO TOGETHER. UM, SO IN THAT DEVELOPMENT AGREEMENT, IT OUTLINED A, A NUMBER OF ITEMS REGARDING THE PROCESSING FOR ANNEXATION AND ZONING. UM, SO HERE WE ARE BEFORE YOU, UH, TO PRESENT THE PLAN DEVELOPMENT DISTRICT. THE DISTRICT HAS A BASE DISTRICT OF THE GENERAL RETAIL. THERE ARE A NUMBER OF, UH, ITEMS THAT HAVE BEEN, UM, ADDED AS PERMITTED USES SUCH AS, UM, THE RESTAURANTS. IF THEY MEET THE SEPARATION REQUIREMENTS FOR THE TABC, MEANING NOT IN, UH, TOO CLOSE PROXIMITY TO, TO SCHOOLS, TO HOSPITALS, TO CHURCHES, THEN THEY DON'T HAVE TO APPLY FOR AN SUP. UM, THIS IS COMMON IN, IN AUBREY NOW, AND WE WILL BE MAKING AN AMENDMENT [00:05:01] TO THE ALCOHOL REGULATIONS THAT IT'S NOT JUST THESE NEW DEVELOPMENTS, IT'LL BE IN THE CODE. UM, WE'VE ALSO IDENTIFIED A PROHIBITED USES SUCH AS MOTELS, SMOKE, UM, TOBACCO SHOPS, VARIETY STORES, AND OUTSIDE STORAGE AND SALES. YOUR AGENDA PACKET HAS A LOT MORE INFORMATION AND DEFINITIONS ON SOME OF THOSE ITEMS. IF YOU'RE CURIOUS, THE, UH, DISTRICT REGULATIONS ARE, UM, UP ON THE SCREEN AS WELL AS IN YOUR PACKET. UM, AS I SAID, IT IS THE GENERAL RETAIL DISTRICT, AND THESE ARE SOME COMMERCIAL, UM, STANDARDS THAT WE HAVE BEEN USING FOR THESE PROPERTIES THAT ARE COMING IN AS GENERAL RETAIL OR EVEN COMMERCIAL. THE, UM, CONCEPT PLAN IS NOT INCLUDED IN THIS, AND THAT WILL BE A PART OF, UM, AN AMENDMENT LATER WHEN THEY ACTUALLY HAVE A USER THAT'LL BE, YOU KNOW, MOVING FORWARD WITH DEVELOPMENT PLANS. SO THAT WILL REQUIRE AN AMENDMENT TO THE PD. THE NOTIFICATIONS WERE, UM, SENT TO THE SCHOOL DISTRICT BECAUSE THERE ARE NO PROPERTIES WITHIN THE CITY IMMEDIATELY ADJACENT. THE NOTIFICATION WAS ALSO PUBLISHED IN THE PAPER, AND WE'VE NOT HAD ANY, UM, INQUIRIES OR OPPOSITION TO THE, THE PUBLIC HEARING NOTICES. A STAFF RECOMMENDS THE ITEM BE APPROVED AS PRESENTED AND IN YOUR PACKET, AND I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. DOES ANYBODY HAVE ANY QUESTIONS BEFORE WE OPEN THE PUBLIC HEARING? THIS IS ZO CORRECTLY, RIGHT? CORRECT. MM-HMM . AND IT'S FOR A RETAIL ONE RETAIL OR A MULTITUDE OF IT'LL, OR IT DOESN'T MATTER? WE DON'T KNOW YET. IT, IT'LL PROBABLY SOME TYPE OF A STRIP CENTER. THERE MIGHT BE SOMETHING ON THE CORNER. IT'S A SMALL TRACT, AND I DID FAIL TO INCLUDE THAT THIS PROPERTY WILL BE, YOU KNOW, ANNEXED. SO THAT'S WHEN, UM, ALL OF THIS WILL HAPPEN AND MOVE FORWARD WITH DEVELOPMENT PLANS. I HAVE ANOTHER QUESTION I SEE. IN WHICH I'M VERY ON. OH, SORRY. YES, SORRY. UM, ONE THING THAT I'M REALLY GLAD ABOUT IS THE LIMITING OF THE, THE TOBACCO AND SMOKE SHOPS BECAUSE, OR THE VAPE SHOPS OR WHATEVER, BECAUSE PEOPLE REALLY DON'T LIKE THEM. IS THERE ANY PLAN TO LIMIT LIQUOR STORES IN ANY WAY OR THEY ABLE TO DO THAT? DO YOU KNOW? I DON'T THINK THEY HAVE ANY PLANS ON LIMITING THAT RIGHT NOW. OKAY. YEAH. 'CAUSE WE MADE ALL OF THOSE AMENDMENTS AND PROVIDED RIGHT FOR THEM THROUGH THE ZONING PROCESS. OKAY. MM-HMM . OH, THE, EXCUSE ME. SO WITH THE LIQUOR STORES, IT'S THE SAME TABC REQUIREMENTS THAT THE CITY HAS ADOPTED FOR A PROXIMITY IN RIGHT. CHURCH SCHOOLS? I HAD, I'D HEARD THAT THERE WERE SEVERAL PLANS FOR A LOT TO BE GOING ON. 1385. THIS IS NOT FROM THE CITY SIDE. IT WAS JUST CURIOUS IF THAT WAS GONNA BE LIMITED AS WELL, LIKE WITH THE VAPE SHOPS. OKAY. WELL THEN WE'LL GO AHEAD AND OPEN THE PUBLIC HEARING AT 6 0 8 AND IF WE DON'T HAVE ANYONE, I'M GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING AT 6:08 PM UM, SO THEN WE DO STILL NEED TO MAKE A RECOMMENDATION. UM, WOULD ANYBODY LIKE TO MAKE A MOTION? I'LL MAKE A MOTION TO, UH, APPROVE THE, UH, PLAN DEVELOPMENT AS, AS RECOMMENDED AS PRESENTED. SO, OKAY. SO I'LL SECOND KYLE SECONDED. DAWN BEACH OUT. NICOLE AND DAWN SECONDED. ALL IN FAVOR? ANY OPPOSED? OKAY, IT PASSES AND THERE IS SIX OF US. SIX TO ZERO. OKAY. ITEM NUMBER TWO, CONSIDER AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING A SITE PLAN APPLICATION AT 4 0 3 SOUTH MAIN STREET FOR RESTAURANT USE WITHIN THE CITY LIMITS WITHIN AUBREY'S CITY LIMITS. GOOD EVENING CHAIR AND BOARD MEMBERS. THIS, UM, TOPIC WE DID PRESENT OR WAS ON THE AGENDA IN DECEMBER AND THEN AGAIN IN JANUARY. UM, AND IT, YOUR JANUARY MEETING, UH, THE CLIENT HAD REQUESTED ADDITIONAL TIME AND IF YOU REMEMBER, UH, YOU HAD GAVE THEM AN ADDITIONAL 60 DAYS. UH, I JUST WANT TO GO OVER IT REAL QUICK IN CASE NOT ALL OF YOU WERE HERE. UM, IT IS 4 0 3 SOUTH MAIN STREET AND THERE'S THE LOCATION. [00:10:02] IT'S CURRENTLY ZONE GENERAL RETAIL, AND I'M GONNA HAVE TO ZOOM IN ON THAT ONE. IT'S NOT WORKING TONIGHT. OKAY. UM, SO IT IS 2,175 SQUARE FEET. UM, THE LOT COVERAGE IS PLANNED TO BE 63.6 OF IMPERVIOUS SURFACE AND 36.4 OF PERIA SURFACE 22 PARKING SPACES. UM, 180 DA PARKING SPACE, WATER AND SEWER WOULD BE PROVIDED BY THE CITY ON MAIN STREET. UM, THE FIRE DEPARTMENT DID WORK WITH THE CLIENT, UH, TO ALLOW FOR A 20 FOOT FIRE LANE RATHER THAN THE STANDARD 24. UH, TRYING TO HELP THEM GET THE PARKING AND, UH, AREAS THAT THEY NEEDED. THE OUTSTANDING ISSUE IS FOR STORM DRAINAGE. UH, THE CLIENT HAS NOT BEEN ABLE TO COMPLY TO DATE WITH THE STORMWATER REGULATIONS. UM, THOSE ISSUES, UM, ARE THERE ON YOUR SCREEN OR IN YOUR PACKET, UM, IN THE STAFF REPORT. UM, MOSTLY THEY'RE, UH, ALL, ALL AROUND DRAINAGE. UM, BUT IT'S THE DESIGN, UH, THEY'RE UNABLE TO MEET THE, UM, TWO FOOT OF FREEBOARD. UH, THEY'RE NOT SHOWING SOME CONCRETE CHANNELS. UM, THEY'RE SHOWING CROSS LOT DRAINAGE. THE ORDINANCE DOESN'T ALLOW FOR CROSS LOT DRAINAGE. UH, THE GRADES, THEY'RE NOT SHOWING THEIR GRADES AT THEIR CROSS SECTIONS. UM, AND THERE'S SOME DATA MISSING FROM THEIR, FROM THEIR TABLES AS WELL. SO, UM, STAFF RECOMMENDS DENIAL OF THE SITE PLAN, UH, DUE TO, UH, NOT COMPLYING WITH THE CHAPTER 10 SUBDIVISION ORDINANCE ARTICLE ONE, SECTION FOUR. UH, TONIGHT YOU HAVE THREE OPTIONS. YOU CAN RECOMMEND, UH, APPROVAL OF THE SAT PLAN, RECOMMEND APPROVAL OF THE SAP PLAN, SUBJECT TO CONDITIONS OR RECOMMEND DENIAL OF THE SAT PLAN. UH, WOULD LIKE TO ADD, UH, THE CLIENT IS CONSIDERING A NEW SUBMITTAL OF A DIFFERENT TYPE OF BUSINESS THAT THEY MIGHT BE ABLE TO PUT ON THE SMALL FOOTPRINT THAT THEY CAN MEET THE STANDARDS? I MAY, WELL, I HAVE A QUESTION. OH. UM, SO WOULD, IF THEY'RE, THIS, OUR, IF WE ARE TO ANY ACTION WE TAKE TONIGHT IS NOT GOING TO, UM, CAUSE ANY PROBLEMS WITH THEM MAKING ANY OTHER PLANS GOING FORWARD WITH THIS PARTICULAR SITE BECAUSE IT'LL BE A SEPARATE APPLICATION. IS THAT CORRECT? THAT'S TRUE, AND I'M NOT A HUNDRED PERCENT SURE IF THERE'S A TIME LIMITATION. OKAY. OKAY. I JUST WANTED TO MAKE SURE THAT WE KNEW THAT. QUESTION TWO. SO YOU SAID THAT THEY MIGHT COME BACK WITH SOMETHING ELSE FOR A DIFFERENT BUSINESS ON THEIR, WHICH MEANS THAT WHAT OUR CONDITIONS THAT WE HAVE NOW IS JUST FOR THE, FOR A RESTAURANT'S CONDITIONS IN THERE, BASED ON WHAT THEY'RE WANTING TO PUT THERE. UM, THEY WOULD HAVE TO DO AWAY WITH SOME OF THE PARKING PLACES RIGHT. TO BE ABLE TO MAKE THE DRAINAGE WORK. OKAY. AND THEY CAN'T MEET THE PARKING, UH, REQUIREMENTS. IF THEY DO THAT, THEY'RE USING THE PARKING LOT AS, UH, STORAGE FOR THE WATER RUNOFF. OKAY. OKAY. OKAY. DOES ANYBODY HAVE ANY OTHER QUESTIONS? OKAY. YEAH. WOULD YOU LIKE TO MAKE A MOTION? I WOULD LIKE TO MAKE A MOTION TO, IF I COULD JUMP IN REAL FAST WHEN YOU'RE MAKING YOUR MOTION, UM, LOOK TO THE LEFT HAND SIDE OF THE SCREEN. UM, I JUST, IF YOU COULD CITE, UH, THE PORTION OF THE CODE AS YOUR REASON FOR THE DENIAL. OKAY. UM, SO I CAN GIVE THE LEFT HAND SIDE, SO MM-HMM . YOUR RIGHT HAND, LEFT HAND. I CAN, I CAN GIVE YOU, UM, CAN, WE COULD JUMP BACK THERE? YES. READ THE CHAPTER 10. OH, SO YOU OKAY. YEAH, YOU CAN. I RECOMMEND DENIAL. A MOTION TO DENY BASED ON CHAPTER 10, SUBDIVISION ORDINANCE ARTICLE ONE, SECTION FOUR FOR ADEQUATE PUBLIC FACILITIES FOR DEVELOPMENT BEING REQUIRED AND IS NOT. IT'S THE CITY ENGINEER HAS DETERMINED THAT THE DRAINAGE PLANS ARE NOT ADEQUATE NOR COMPLY WITH CITY ADOPTED STANDARDS. BASED ON THAT, I RECOMMEND OR MAKE A MOTION FOR DENIAL. SECOND. OKAY. CANDACE MADE THE MOTION AND NICOLE GOT IT IN. UH, AND THE SECOND. SECOND. ALL IN FAVOR? ANY OPPOSED? AND IT PASSES SIX TO ZERO. ITEM NUMBER THREE, CONSIDERATION AND ACTION. ON THE MINUTES OF THE FEBRUARY 13TH, 20, 25 MINUTES. THANK YOU. I LOOKED AT THEM AND THEY LOOK BEAUTIFUL. I A GREAT BIRTHDAY. YOU A GREAT, THANK YOU. THANK YOU. YOU WEREN'T HERE. YEAH. I'M GONNA MAKE A MOTION THAT WE, UH, APPROVE. I SECOND APPROVE THE MINUTES. OKAY. WE SECOND AND BRITTANY WILL SECOND THAT. ALL IN FAVOR? ANY [00:15:01] OPPOSED? THEN IT PASSES SIX TO ZERO AND WE WILL ADJOURN AT SIX 15. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.