* 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. [00:00:01] GOOD EVENING. [Call to Order - Determine if a Quorum is Present: ] IT'S 6:00 PM WE'LL CALL THEM PLANNING AND ZONING. COMMISSION. MEETING TO ORDER. CRYSTAL JOHNSON IS PRESENT. PETER IS PRESENT. NICOLE IS PRESENT. BRITTANY IS PRESENT, JOHNNA IS PRESENT. AND SO IS SUZANNE PRESENT. PLEASE STAND FOR INVOCATION IF YOU ALL WOULD DOUBT OR OBSERVE THIS MOMENT AND YOU ISSUES. HEAVENLY FATHER, WE COME TO YOU WITH OPEN HEARTS, MINDS, AND SPIRITS, ASKING THAT YOU GUIDE OUR HEARTS, OUR TONES, AND ESPECIALLY YOUR ACTIONS TOWARD THE PROSPERITY, GROWTH, AND OF COURSE, THE LOVING NATURE OF OUR CITY OF AUDREY. WE ASK THAT YOU GUIDE US WITH THE SAME GUIDANCE THAT YOU BROUGHT US HERE TO THIS MEETING, TAKING US HOME SAFELY TO OUR FRIENDS AND OUR FAMILIES ON TO LIVE ANOTHER DAY. AND JESUS NAME, PRAY. AMEN. AMEN. ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. HEARING CLOSURE. SAINT ONE NATION, UNDER GOD, INVISIBLE LIBERTY OF JUSTICE DRAWS ON THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE INDIVIDUAL. ARE THERE ANY COMMUNITY ANNOUNCEMENTS? OKAY, CITIZEN 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. DENY [1. Consideration and action on the minutes of the September 10, 2026 meeting. ] NEW BUSINESS CONSIDERATION AND ACTION ON THE MINUTES OF THE SEPTEMBER 10TH, 2026 MEETING. DO I HAVE AN MOTION TO APPROVE? DENY OUR TABLE. I MOVE THAT WE APPROVE THE MINUTES FROM THE WHAT DAY WAS THAT? SEPTEMBER FROM THE SEPTEMBER 27TH MEETING. DO I SECOND? SECOND, SUSAN. ALL FOUR AND OPPOSED? ZERO. OKAY. [2. Hold a Public Hearing, consider, and make a recommendation to City Council regarding an amendment to the City of Aubrey Comprehensive Plan, Future Land Use Plan, to change the future land use designation of approximately 236.815 acres of land from Rural Life to Residential (Medium Density), being situated in the Frederick H. Pollard Survey, Abstract No. 995, Denton County Texas, recorded in Document Number 2025-65247, O.P.R.D.C.T., and being all of three tracts described by deed to MMM 2025 Family, LP recorded in Document Number 2026-21154, and 20066762 (Tract 1 and Tract 2), O.P.R.D.C.T., generally located east of Coffey Road and south of FM 428. DCAD Parcel IDs 1099670, 1099671, 52257, 75798, and 52264. (Covey Creek) ] TWO. HOLD A PUBLIC HEARING. CONSIDER AND MAKE RECOMMENDATION TO CITY COUNCIL REGARDING AN AMENDMENT TO THE CITY OF AUBREY. COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 2 36 0.815 ACRES OF LAND FROM RURAL LIFE TO RESIDENTIAL MEDIUM DEN DENSITY. GENERALLY LOCATED EAST OF COFFEE ROAD AND SOUTH OF FM 4 28. GOOD EVENING COMMISSION MEMBERS. UM, THIS REQUEST IS, IS TO RE-DESIGNATE THE FUTURE LAND USE OF THE SUBJECT PROPERTY FROM RURAL LIFE TO RESIDENTIAL. UH, MEDIUM DENSITY FOR APPROXIMATELY 2 36 0.81 ACRES OF LAND. THE PROPERTY IS GENERALLY LOCATED EAST OF COFFEE ROAD AND SOUTH OF FM 4 28. THIS RE-DESIGNATION IS TO ALLOW PLANNED DEVELOPMENT ZONING OF, UH, COVEY CREEK, UH, IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT THAT WAS EXECUTED BETWEEN THE CITY AND THE PROPERTY OWNER. THIS RE-DESIGNATION WILL ALLOW DEVELOPMENT OF SINGLE FAMILY HOMES ON APPROXIMATELY 2 36 0.8 ACRES OF LAND WITH A DENSITY OF 4.6 UNITS PER ACRE. THE RESIDENTIAL MEDIUM DENSITY, UM, DESIGNATION SUPPORTS SINGLE FAMILY HOMES AND IS THE SAME AS CHAPARRAL RIDGE DEVELOPMENT DESIGNATION JUST EAST OF THIS, UM, PROPERTY ACROSS THE FLOOD PLAIN. THE RED DESIGNATION WOULD ALLOW THE PLAN DEVELOPMENT ZONING TO BE CONSISTENT WITH THE COMPREHENSIVE, UH, PLAN OF THE CITY NOTIFICATIONS WERE PROVIDED, UH, AS PER TEXAS LOCAL GOVERNMENT CODE STAFF HAS REVIEWED THE COMPREHENSIVE PLAN AMENDMENT REQUEST AND RECOMMENDED FOR APPROVAL. AND I'M AVAILABLE FOR QUESTIONS. WE'LL OPEN A PUBLIC HEARING AT 6:04 PM WE'LL CLOSE A PUBLIC HEARING AT 6:04 PM DO I HAVE A MOTION TO RECOMMEND APPROVAL OR APPROVAL OF CONDITIONS OR DENIAL OF THE COMPREHENSIVE PLAN AMENDMENT APPLICATION? UH, I MOTION TO RECOMMEND APPROVAL. DO I HAVE A SECOND? I'LL SECOND. KRISTEN. ALL FOUR. [00:05:03] ANY OPPOSED? SIX TO ZERO. HOLD [3. Hold a public hearing, consider, and make a recommendation to City Council regarding an amendment to Exhibit 14A, "Zoning Ordinance," of Chapter 14, "Zoning" of the Code of Ordinances of the City of Aubrey, Texas, and the official Zoning Map of the City, to zone an approximate 236.815 acres of land from its current unzoned land designation to Covey Creek Planned Development, being situated in the Frederick H. Pollard Survey, Abstract No. 995, Denton County Texas, recorded in Document Number 2025-65247, O.P.R.D.C.T., and being all of three tracts described by deed to MMM 2025 Family, LP recorded in Document Number 2026-21154, and 20066762 (Tract 1 and Tract 2), O.P.R.D.C.T., generally located east of Coffey Road and south of FM 428. DCAD Parcel IDs 1099670, 1099671, 52257, 75798, and 52264. (Covey Creek) ] A PUBLIC HEARING. CONSIDER AND MAKE RECOMMENDATION TO CITY COUNCIL REGARDING AMENDMENT TO EXHIBIT 14. A ZONING ORDINANCE TO ZONE IN APPROXIMATE 2 3 6 0.815 ACRES OF LAND FROM ITS CURRENT UN ZONE LAND DESIGNATION TO COFFEE CREEK PLAN DEVELOPMENT, GENERALLY LOCATED EAST OF COFFEE ROAD AND SOUTH OF FM 4 28 COMMISSION MEMBERS. THIS, UM, IS A COMPANION REQUEST TO THE ONE WE JUST HEARD. UH, THIS IS TO ESTABLISH ZONING ON THIS SUBJECT PROPERTY, UM, FROM UN ZONE TO COVEY CREEK PLAN DEVELOPMENT. THE PLAN DEVELOPMENT INCLUDES SINGLE FAMILY RESIDENTIAL USE ON APPROXIMATELY 2 36 ACRES IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT EXECUTED BETWEEN THE CITY AND THE PROPERTY OWNER. THE PROPERTY IS LOCATED WITHIN THE CT, UH, WITHIN THE CITY'S ETJ AT THE MOMENT, AND THIS REQUEST IS SUBJECT TO APPROVAL OF A COMPANION, VOLUNTARY ANNEXATION OF THE PROPERTY, UH, SCHEDULED FOR OCTOBER 22ND COUNCIL MEETING. SO UPON APPROVAL OF ANNEXATION BY COUNCIL, THE PROPERTY IS RECOMMENDED TO BE ZONED AS PLAN DEVELOPMENT AS PER THE ATTACHED DRAFTS, UH, PLAN DEVELOPMENT ORDINANCE. THE PD WOULD INCLUDE A MAXIMUM OF, UH, 1100 SINGLE FAMILY HOMES, UH, 13 ACRES OF RIGHT OF WAY 22 ACRES OF OPEN SPACE, WHICH WILL INCLUDE A RETENTION POND DESIGN AS AN AMENITY. UH, IT WILL ALSO INCLUDE DOG PARKS, TRAILS, AND NATURAL OPEN SPACE AREAS WITH THE APPROVAL OF THE RESIDENTIAL MEDIUM DENSITY LAND USE. UH, THE PROPOSED ZONING CONFORMS TO THE FUTURE LAND USE PLAN NOTIFICATIONS AS PER TEXAS LOCAL GOVERNMENT CODE AND THE CITY OF, UH, CITY'S ZONING ORDINANCE WERE PROVIDED AND NO RESPONSES HAVE BEEN RECEIVED AT THIS TIME. STAFF HAS REVIEWED THE PD REQUEST AND RECOMMENDED FOR APPROVAL SUBJECT TO THE CONDITIONS THAT THE PROPERTIES ANNEXED INTO THE CITY, UH, PRIOR TO PD ZONING APPROVAL BY COUNCIL, AND THAT THE COMPREHENSIVE PLAN AMENDMENT, UH, FOR THE SUBJECT PROPERTIES APPROVED, UH, BY COUNCIL PRIOR TO PD PD ZONING APPROVAL BY COUNCIL. THIS CONCLUDES MY PRESENTATION AND I'M WILL FOR QUESTIONS. WE'LL OPEN A PUBLIC HEARING AT 6 0 7. WE'LL CLOSE THE PUBLIC HEARING AT 6 0 7. SO I HAVE A MOTION TO RECOMMEND APPROVAL, APPROVAL OF CONDITIONS, DENIAL OF THE ZONING CHANGE APPLICATION TO THE CITY COUNCIL. MAKE A MOTION TO RECOMMEND APPROVAL. DO I HAVE A SECOND? I SECOND PETER. A FOUR SIX. ANY OPPOSED? SIX ZERO. [4. Hold a public hearing, consider, and make a recommendation to City Council regarding an amendment to Exhibit 14A, "Zoning Ordinance," of Chapter 14, "Zoning" of the Code of Ordinances of the City of Aubrey, Texas, and the official Zoning Map of the City, to zone an approximately 53.606 acres of land from its current unzoned land designation to Knuckles Road Planned Development, being situated in the W. Lumpkins Survey, Abstract No. 730, and James Bridges Survey, Abstract No. 36, Denton County, Texas, generally located west of the intersection of FM 2931 and Knuckles Road. DCAD Parcel IDs 239615 and 52224. (Knuckles Road) ] HOLD A PUBLIC HEARING, CONSIDER AND MAKE RECOMMENDATION TO CITY COUNCIL REGARDING AMENDMENT TO EXHIBIT 14. A ZONING ORDINANCE TO ZONING IN APPROXIMATELY 53.606 ACRES OF LAND FROM ITS CURRENT UN ZONE LAND DESTINATION TO KNUCKLES ROAD PLAN DEVELOPMENT, LOCATED AT 6 6 4 1 1 KNUCKLES ROAD MISSION MEMBERS, THIS ITEM IS TO, UH, ESTABLISH ZONING ON APPROXIMATELY 53.6 ACRES OF LAND. UM, THE PROPERTY IS GENERALLY LOCATED, UH, WEST OF THE INTERSECTION OF FM 29 31 AND KNUCKLES ROAD. THE REQUEST IS TO ESTABLISH A PLANNED DEVELOPMENT ZONING ON THE, UH, PROPERTY WITH APPROXIMATELY 630 MULTIFAMILY UNITS AND A GENERAL RETAIL AREA WITH AN EVENT CENTER, DAYCARE, PUBLIC PARK, RESTAURANT, AND OFFICE RETAIL BUILDINGS IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT THAT WAS EXECUTED BETWEEN THE CITY AND THE OWNER. THE PROPERTY IS LOCATED WITHIN THE ETJ AT THIS TIME, AND, UH, A COMPANION ANNEXATION REQUEST, UM, HAS BEEN SUBMITTED, WHICH IS SCHEDULED FOR OCTOBER 22ND COUNCIL MEETING. UPON APPROVAL OF THE ANNEXATION, UH, BY COUNCIL, THE PROPERTY IS RECOMMENDED TO BE ZONED AS PLANNED DEVELOPMENT AS PER THE PD ORDINANCE, UH, PROVIDED IN THE, UH, AGENDA. THE PROPOSED PLAN DEVELOPMENT ZONING IS CONSISTENT WITH THE FUTURE LAND USE PLAN, DESIGNATIONS OF COMMERCIAL, RESIDENTIAL HIGH DENSITY AND PARKS AND RECREATION AND OPEN SPACE. THE PROPOSED DEVELOPMENT WILL HAVE ACCESS FROM FM 29 31 AND THE PROPOSED KNUCKLES ROAD ALONG THE NORTH [00:10:01] PROPERTY BOUNDARY. THE PROPOSAL ALSO INCLUDES A 50 FOOT OF RIGHT OF WAY DEDICATION OF THE FUTURE SILVERADO PARKWAY ALONG THE WEST PROPERTY BOUNDARY NOTIFICATIONS WERE PROVIDED IN ACCORDANCE WITH THE TEXAS LOCAL GOVERNMENT CODE AND THE CITY'S ZONING ORDINANCE, AND NO RESPONSES WERE RECEIVED. STAFF RECOMMENDS APPROVAL OF THE PDS, ZONING APPRO, UH, PDS ZONING REQUEST, UH, SUBJECT TO THE CONDITION THAT THE PROPERTY IS ANNEXED PRIOR TO PDS ZONING APPROVAL BY COUNCIL. AND, UH, I'M AVAILABLE FOR QUESTIONS. OKAY. WE'LL OPEN A PUBLIC HEARING AT SIX 10. WE'LL CLOSE THE PUBLIC HEARING AT SIX 10. DO I HAVE A MOTION TO RECOMMEND APPROVAL? APPROVAL OF CONDITIONS, DENIAL OF THE ZONING CHANGE APPLICATION TO THE CITY COUNCIL. MOTION? DO I HAVE A SECOND? I SECOND ALL FOUR AND SIX. OPPOSE TWO ZERO. HOLD [5. Hold a public hearing, consider, and make a recommendation to City Council regarding an amendment to Exhibit 14A, "Zoning Ordinance," of Chapter 14, "Zoning" of the Code of Ordinances of the City of Aubrey, Texas, and the official Zoning Map of the City, to zone an approximately 25.82 acres of land from its current un-zoned land designation to AG-R - Agricultural Residential District, being situated in the A. Stapp Survey, Abstract No. 1196, and the Chambers Survey, Abstract No. 223, Denton County, Texas, generally located east of US 377 and north and west of Belew Road. DCAD Parcel IDs 98079, 191357, 43372, and 43323. (Belew Cemetery)] A PUBLIC HEARING. CONSIDER AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING AN AMENDMENT TO EXHIBIT 14. A ZONING ORDINANCE TO ZONE IN APPROXIMATELY 25.82 ACRES OF LAND FROM ITS CURRENT UN ZONED LAND DESTINATION TO A GR AR ARCHITECTURAL RESIDENTIAL DISTRICT, GENERALLY LOCATED EAST OF US 3 77 AND NORTH AND WEST OF ULU ROAD, WHICH REMEMBERS THIS ITEM IS TO, UH, ESTABLISH, UH, AGRICULTURAL RESIDENTIAL ZONING ON THE BLUE CEMETERY LAND. UM, THE, UH, PROPERTY IS CURRENTLY WITHIN THE CITY'S ETJ AND IS SCHEDULED FOR ANNEXATION AT THE OCTOBER 22ND COUNCIL MEETING. UPON APPROVAL, THE ANNEXATION STAFF RECOMMENDS THAT THE PROPERTY IS ZONED AS AGRICULTURAL RESIDENTIAL DISTRICT, WHICH, UH, ALLOWS CEMETERY USE. UM, THERE'S NO IMPROVEMENTS PLAN FOR THIS. UH, DEVELOPMENT OF THE PROPERTY IS ADJACENT TO, UH, UNION PACIFIC RAILROAD RIGHT AWAY, WHICH IS ALSO BEING ANNEXED ALONG WITH THE BLUE CEMETERY LAND AT THE COUNCIL MEETING, UH, ON OCTOBER 22ND. THE AGRICULTURAL RESIDENTIAL ZONING IS CONSISTENT WITH THE INSTITUTIONAL FUTURE LAND USE WITHIN THE CITY'S COMPREHENSIVE PLAN. THIS TRACK IS CURRENTLY UN PLATTERED AND WOULD REMAIN AS SUCH. UM, AND ANY FUTURE DEVELOPMENT WILL REQUIRE PLATTING AND SITE PLAN APPROVAL NOTIFICATIONS AS PER TEXAS LOCAL GOVERNMENT CODE AND THE CITY'S, UM, ZONING ORDINANCE WERE PROVIDED. STAFF RECOMMENDS APPROVAL OF THE ZONING SUBJECT TO THE CONDITION THAT THE PROPERTY IS ANNEXED INTO THE CITY PRIOR TO, UH, AGRICULTURAL RESIDENTIAL ZONING APPROVAL BY COUNCIL. AND THIS CONCLUDES MY PRESENTATION. I'LL OPEN A PUBLIC HEARING AT 6 6 13. WE'LL CLOSE THE PUBLIC HEARING AT SIX 13. DO I HAVE A MOTION TO RECOMMEND APPROVAL, APPROVAL OF CONDITIONS, DENIAL OF THE ZONING CHANGE APPLICATION TO THE CITY COUNCIL. MOTION TO RECOMMEND APPROVAL. I'LL SECOND ALL FOUR AND YOU OPPOSE ZERO. [6. Consider and make a recommendation to City Council regarding a site plan application for Garland Wilson Addition, Lot 7R1, Block A to develop two office buildings with associated parking. (Garland Wilson Addition, Lot 7R1, Block A)] CONSIDER AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING A SITE PLAN APPLICATION FOR GARLAND WILSON EDITION COMMISSION MEMBERS. THIS, UM, LAST ITEM IS THE SITE PLAN APPLICATION FOR GARLAND WILSON EDITION LOT SEVEN R ONE BLOCK A. UM, THE SITE IS, UH, THIS IS THE SITE PLAN DRAWING. UM, THE PROPOSAL IS FOR TWO SINGLE STORY MULTI-TENANT OFFICE BUILDINGS, UH, WITH ASSOCIATED PARKING AND A FIRE LANE. UH, THE PROPERTY IS ZONED AS SHOPPING CENTER, WHICH ALLOWS THE PROPOSED USE. THE PROPERTY IS FLATTED AND HAS ACCESS FROM HIGH MEADOW DRIVE. UM, APPLICANT IS CURRENTLY WORKING ON A MUTUAL ACCESS IN A SHARED PARKING AGREEMENT WITH O'REILLY AUTO PARTS, UH, STORED. THAT IS JUST TO THE, UH, WEST OF THE SUBJECT PROPERTY. UH, AND THAT IS TO PROVIDE A SECOND POINT OF ACCESS AND OFFSET. UM, THE SHORTFALL OF PARKING ON THE SIDE. STAFF HAS REVIEWED THE SITE PLAN AND HAVE, UH, OUTSTANDING COMMENTS WHICH ARE, UH, INCLUDED AS CONDITIONS. UM, I WOULD ALSO NOTE THAT THE [00:15:01] APPLICANT HAS RESUBMITTED PLANS, UM, THAT ARE CURRENTLY, UH, BEING REVIEWED. SO SOME OF THESE CONDITIONS OR, UM, MAYBE ALL OF THESE CONDITIONS MAY BE ADDRESSED, UH, BASED ON STAFF'S REVIEW. UH, UH, BY THE TIME WE GET TO COUNCIL. AND THE CONDITIONS INCLUDE, UM, THAT THE APPLICANT RECEIVES A MUTUAL ACCESS AND SHARED PARKING AGREEMENT FROM, UH, O'REILLY. UM, THE APPLICANT CONFIRMS GARBAGE AND TRASH DISPOSAL. UM, AND THERE ARE CONDITIONS RELATED TO ARCHITECTURAL PLANS, UM, TO ADDRESS STAFF'S COMMENTS, UM, RELATED TO MASSING FORM, ARTICULATION, BUILDING MATERIALS AND COLORS. UM, THERE ARE CONDITIONS RELATED TO, UH, LANDSCAPING PLANS, UM, TO BE REVISED TO PROVIDE A SCREENING ALONG THE MULTIFAMILY USE THAT IS JUST TO THE EAST OF THE SITE. AND THERE'S ALSO CONDITIONS, ENGINEERING CONDITIONS, UH, THAT ARE RELATED TO DRAINAGE, PAVING, PARKING, UTILITIES, AND INFRASTRUCTURE AND STAFF RECOMMENDS APPROVAL, UH, SUBJECT TO ALL OF THESE CONDITIONS. UM, THIS CONCLUDES OUR PRESENTATION. ONE THAT JUMPS OUT AT ME IS WHY WOULD THEY SHARE A DUMPSTER WITH O'REILLY'S AND NOT HAVE THEIR OWN FOR THAT AREA? UH, THAT IS SOMETHING THAT WE ARE STILL LOOKING AT. UM, WE HAVE ASKED THESE, UH, APPLICANT TO DEMONSTRATE HOW TRASH DISPOSAL WILL BE HANDLED, UH, FOR THE SITE. UM, AND WE WILL TAKE A LOOK AT IF, UH, IT IS GONNA BE SHARED WITH O'REILLY'S OR IF IT IS, UH, UH, GONNA BE A SEPARATE, UM, DISPOSAL CONTAINER AT THE SITE. UM, BUT WE ARE NOT YET, UH, CONFIRMED YET, UH, ON THIS. THE APPLICANT IS ALSO HERE. UH, YOU'D LIKE TO, UM, IF YOU HAVE ANY QUESTIONS FOR THE APPLICANT. I HAVE A QUESTION. IS THERE ANYTHING YOU'VE ALREADY ANSWERED THIS THING ON? MY QUESTION IS REGARDING FUTURE TENANTS YES. TO THE OFFICE BUILDING. I UNDERSTAND THAT THERE ARE ARRANGEMENTS FOR AN AGREEMENT BETWEEN THE TWO CURRENT OR THE ONE PROPOSED TENANT WITH THE EXISTING. WHAT TYPE OF GUARDRAILS DO WE HAVE WITH FUTURE TENANTS COMING IN AND WANTING SOME TYPE OF SPECIFICATION WITH PARKING GARBAGE OR ANYTHING ELSE THAT ALIGNS THERE? SO, UM, YES, LET ME GO TO THE, UM, IN THE SITE PLAN. SO THE APPLICANT IS PROPOSING, UM, SHARED PARKING WITH THE PROPERTY. THAT'S JUST TO THE, THE ADJACENT PROPERTY THAT IS JUST TO THE WEST OF THE SUBJECT PROPERTY, WHICH IS O'REILLY'S. O'REILLY'S, UH, CURRENTLY HAS, UM, AN EXCESS PARKING THERE OVER THE LIMIT, OVER THE MAXIMUM, UH, OR I'M SORRY, OVER THE MINIMUM NUMBER THAT'S REQUIRED FOR THEM TO HAVE. UM, AND THE APPLICANT IS CURRENTLY WORKING ON, UM, UM, HAVING A SHARED PARKING AGREEMENT WITH ORS BECAUSE I THINK THERE'S A SHORTFALL OF ABOUT, UM, SIX OR SEVEN PARKING SPACES ON THE SITE. UM, AND, UH, IF THE AGREEMENT IS REACHED, THEN THE, UM, VISITORS TO THIS, UH, BUSINESS WOULD BE ABLE TO PARK AT O'REILLY'S WITHOUT O'REILLY, UH, OBJECTING IT, OBJECTING TO IT. UM, SO TO SIGNS FOR INSTANCE, I'M NOT SURE IT'S, I SUPPOSE MY QUESTION IS WHY ARE WE PRESENTED WITH THIS WHEN THERE'S A FULL PAGE AND A QUARTER SINGLE SPACE OF CONDITIONS? THEY DON'T KNOW WHAT OUR RALLY'S GONNA DO. OUR RALLY PROBABLY DOESN'T KNOW WHAT OUR RALLY'S GONNA DO, AND YET WE'RE BEING PRESENTED WITH THIS. WHEN THERE'S SO MUCH UP IN THE AIR, I'M PRETTY MUCH NOT INTERESTED IN HEARING IT. YES. AT THIS MOMENT WHEN THEY DON'T KNOW. ABSOLUTELY. YES. I I UNDERSTAND THAT WE HAVE A, UM, REQUIREMENT, UM, HOW OUR ORDINANCE IS WRITTEN IS THAT WE HAVE TO PRO UH, PRESENT THE SITELINE APPLICATION WITHIN 30 DAYS TO PLANNING AND ZONING COMMISSION AND COUNCIL TO HAVE AN ACTION ON THE ITEM. IT COULD BE APPROVAL, APPROVAL WITH CONDITIONS OR DENIAL, BUT THERE HAS TO BE AN ACTION, WHICH IS WHY WE'RE PRESENTING IT WITH CONDITIONS. [00:20:04] UH, I GOT A QUESTION. SO WITH ALL THESE CONDITIONS ADDRESSING CONCERNS SHE JUST HAD, IF IT GETS APPROVED WITH THESE CONDITIONS, THE COUNSEL PROVES IT WITH THE CONDITION, IS THERE A ENFORCEMENT MECHANISM OR A CERTAIN AMOUNT OF TIME MAKE SURE THESE CONDITIONS ARE MET? YES, ABSOLUTELY. YES. UM, SO, UH, UNTIL THESE CONDITIONS ARE MET, A BUILDING PERMIT WILL NOT BE ISSUED. UM, SO THAT IS THE ENFORCEMENT MECHANISM AND, UM, UH, ON THE CONDITIONS THEMSELVES, UM, I I WOULD NOTE THAT THE APPLICANT HAS RESUBMITTED, UH, REVISED PLANS. SO WE ANTICIPATE A LOT OF THESE CONDITIONS. IF NOT ALL OF THEM, UH, WOULD BE ADDRESSED BY THE TIME WE REACH COUNSEL. OKAY. ANY MORE QUESTIONS, UH, THE APPLICANT WOULD LIKE TO UH, DISCUSS? GOOD EVENING. MY NAME'S TODD ESTES. I'M WITH ALLISON ENGINEERING IN DENTON, TEXAS. I REPRESENT THE APPLICANT, UH, CASH AND CONSTRUCTION. AND PART OF WHAT WE'RE DOING WITH O'REILLY'S, IT'S BEEN A LONG PROCESS WITH O'REILLY'S. UM, O'REILLY'S HAS AN EXCESS OF 11 PARKING SPACES THEY DON'T NEED PER YEAR ZONING ORDINANCE FOR SHOPPING CENTERS. THEY DON'T CURRENTLY USE ALL OF THAT PARKING. EVEN IF YOU HAD ANOTHER SHOPPING CENTER TENANT COME INTO THAT PARKING, THEY WOULD STILL BE OVER PARKED. SO THE MUTUAL ACCESS AND SHARED PARKING AGREEMENT, WE HAVE CURRENTLY GOING THROUGH THE PROCESS OF ROYAL O'REILLY'S. THEY'VE GONE THROUGH THE DESIGN PROCESS, THEY REVIEWED IT, THEIR LEGAL TEAM HAS REVIEWED IT ALL WE'RE WAITING ON THEM IS TO FILL OUT THE FINAL PAPERWORK AND EXECUTE THEIR SIDE OF THAT DOCUMENT. I WAS SPEAKING WITH THEM LAST WEEK. THEY WERE HOPING TO HAVE SOMETHING THIS WEEK. I HAVEN'T GOTTEN THAT WORD JUST YET, BUT WE DO ANTICIPATE THAT'S JUST FORTHCOMING. ALL TALKS AND DISCUSSIONS WITH O'REILLY'S HAS BEEN VERY POSITIVE. THEY HAVE NOT GIVEN US ANY INDICATION THAT IT WOULD BE A NEGATIVE TO DO THIS SHARED PARKING AGREEMENT. UH, AS TO THE WASTE CONTAINERS THAT SOMEBODY BROUGHT UP EARLIER, I UNDERSTAND THE CONCERN. PART OF WHAT WE HAVE AN ISSUE WITH IS, IS THIS REALLY CONSIDERED TO BE FOR LOW WASTE USERS? THAT'S WHAT THE PROPERTY OWNER WANTS TO USE IN THESE RETAIL CENTERS. SO AS FAR, IT'S VERY TIGHT SPACE, RIGHT? , IT'S A VERY SMALL SPACE AND THERE IS ON THE NORTH SIDE OF THE PROPERTY, A PUBLIC STORMWATER DETENTION FACILITY. SO THAT PROVIDES REGIONAL DETENTION AND THAT AREA HAS TO BE RESOLVED, HAS TO BE RESERVED FOR THAT. I CAN'T BUILD IN THAT AREA WITHOUT DOING SOMETHING EXTREME OR VERY COSTLY. SO WE'RE NOT IMPACTING THAT WITH WHAT WE'RE PROPOSING TO DO. BUT WHAT THAT DOES DO IS IT DOES LIMIT OUR OPTIONS. SO THIS WOULD HAVE TO BE USERS AND THAT IS ABSOLUTELY WHAT THE PERSON WHO'S BUILDING THIS PROPERTY WANTS TO DO IS ANY, ANYBODY WHO LEASES THIS SPACE WOULD BE FAIRLY LOW VOLUME, LIKE OFFICE SPACE. UH, YOU KNOW, THEY'RE GONNA BE NOT GONNA BE GENERATING JUST A TON OF TRASH. UM, THERE IS THE POSSIBILITY THAT WE MIGHT HAVE THAT AGREEMENT WITH O'REILLY'S. THEIR PREFERENCE WOULD BE TO SEE IF WE CAN CONTINUE TO TALK THROUGH THIS SCENARIO WITH THE, UH, SOLID WASTE PROVIDER FOR AUBREY. WE'D LIKE TO DO MORE OF A ROLL OFF CART SITUATION 'CAUSE THEY DON'T GENERALLY THINK THAT THEY'RE GONNA HAVE THAT MUCH TRASH. THAT WOULD JUST REQUIRE, IT'D STILL BE SCREENED, BUT IT'D BE A MUCH SMALLER, UH, WASTE FACILITY INSTEAD OF HAVING A LARGE DUMPSTER SITTING OUT THERE IN A VERY SMALL SPACE. SO THOSE ARE THE PRIMARY CONDITIONS WE HAVE SUBMITTED, UH, REVISED ENGINEERING PLANS. UH, I FEEL LIKE WE HAVE ADDRESSED MOST OF ALL THOSE QUESTIONS AND I KNOW LANDSCAPE AND ARCHITECTURE HAVE ALSO COME BACK. I'M HAPPY TO ANSWER ANY QUESTIONS I CAN TO THANK YOU. ALRIGHT, THANK YOU. DO I HAVE A, DO I HAVE A RECOMMENDATION TO APPROVE, DENY THE CONDITIONS NOTED IN THE STAFF REPORT. ALL MOTION TO APPROVE IF WE CAN GET ALL THOSE CONDITIONS MET. SECOND? YEAH, SECOND. I SECOND SUSAN. ALL FOUR. AND OPPOSED TWO, FOUR TO TWO. [00:25:03] OKAY. WE'LL ADJOURN THE MEETING AT 6:25 PM. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.