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GOOD EVENING EVERYBODY. SORRY FOR THE DELAY.
I APPRECIATE YOUR PATIENCE. LOOKS LIKE THEY GOT OUR IT WORLD STRAIGHTENED OUT HERE.
[1. Call to Order: The Planning and Zoning Commission of the City of Sachse will hold a Regular Meeting on Monday, December 11, 2023, at 6 p.m. to consider the following items of business:]
WE'LL CALL TO ORDER HET PLANNING AND ZONING COMMISSION OF THE CITY OF SACHSE WILL HOLD A REGULAR MEETING ON MONDAY, DECEMBER 11TH, 2023 AT 6 P.M.TO CONSIDER THE FOLLOWING ITEMS OF BUSINESS.
COMMISSIONER KEMPER WILL LEAD THE INVOCATION AND COMMISSIONER MONDOK WILL DO THE FLAGS.
PRAY WITH ME IF YOU WILL. FATHER GOD, WE GIVE YOU THANKS FOR THE DAY THAT YOU'VE BLESSED US WITH.
WE THANK YOU FOR THIS OPPORTUNITY TO DISCUSS AND CONDUCT THE BUSINESS OF SACHSE.
WE JUST PRAISE YOU AND EXALT YOU.
THE TIME LIMIT IS THREE MINUTES PER SPEAKER.
A PUBLIC COMMENT CARD SHOULD BE PRESENTED TO THE ACTING SECRETARY PRIOR TO THE MEETING.
SO THIS TIME WE'LL OPEN THE FLOOR FOR PUBLIC COMMENT.
WE HAVE NOBODY WISHING TO MAKE PUBLIC COMMENTS, SO WE WILL CLOSE THE FLOOR FOR PUBLIC COMMENT.
ITEM FOUR CONSIDER THE APPROVAL OF THE OCTOBER 23RD, 2023 MEETING MINUTES.
[4. Consider approval of the October 23, 2023, meeting minutes.]
SO EVERYBODY HAD AN OPPORTUNITY TO REVIEW THOSE.ANY QUESTIONS COMMENTS UPDATES? I'LL TAKE MOTION ON THEM.
MAKE A MOTION TO APPROVE, MR. MONDOK MAKES A MOTION TO APPROVE.
ALL IN FAVOR, PLEASE RAISE YOUR HAND.
[5. Consider and act on a final plat of the Apollo Addition, generally located south of the President George Bush Turnpike and more specifically located at the southwest corner of the intersection of the President George Bush Turnpike Frontage Road and Pleasant Valley Road, within Sachse city limits.]
CONSIDER AND ACT ON A FINAL PLAT OF THE APOLLO ADDITION, GENERALLY LOCATED SOUTH OF THE PRESIDENT GEORGE BUSH TURNPIKE AND MORE SPECIFICALLY LOCATED TO THE SOUTHWEST CORNER OF THE INTERSECTION OF PRESIDENT GEORGE BUSH TURNPIKE, FRONTAGE ROAD AND PLEASANT VALLEY ROAD WITHIN THE SACHSE CITY LIMITS.MR. ROBINSON, WE HAVE A PRESENTATION.
GOOD EVENING. COMMISSION THE REQUEST BEFORE YOU TONIGHT IS FOR A FINAL PLAT OF APOLLO ADDITION.
UM, THEY ARE REQUESTING THE FINAL PLAT.
UH, IT WON'T BE RECORDED UNTIL THE END OF THE PROJECT.
UM, THE APPLICANT IS PROPOSING A FINAL PLAT OF ONE COMMERCIAL LOT.
UH, THIS IS BY PACHECO KOCH, A WESTWOOD COMPANY.
THE OWNER IS EVOLVE BIOLOGICS.
THE SIZE IS ROUGHLY 12 ACRES, AND IT'S ZONED PGBT TURNPIKE COMMERCIAL.
UM, HERE IS THE SITE AS WELL AS THE PROPOSED PLAT.
UM, AND STAFF'S RECOMMENDATION FOR THIS IS A APPROVAL SUBJECT TO, UM, UH, EVERYTHING STIPULATED BY THE BUILDING OFFICIAL AS WELL AS THE CITY ENGINEER. IF YOU ALL HAVE ANY FURTHER QUESTIONS, PLEASE LET ME KNOW.
THEY'RE BUILDING ON THE THING ON THE PROPERTY.
WHY ARE WE JUST NOW APPROVING THE THE PLAT? SO A PRELIMINARY PLAT WAS APPROVED ORIGINALLY.
AND THAT'S SUFFICIENT FOR BUILDING? CORRECT. ONCE YOU GET FINAL ACCEPTANCE FROM ENGINEERING, WHICH IS ALL OF YOUR HORIZONTAL WORK, ALL OF YOUR YOUR PUBLIC INFRASTRUCTURE AS WELL AS FIRE LINES, EVERYTHING LIKE THAT, THAT'S WHEN WE PROCEED FORWARD TO GETTING THE FINAL PLAT RECORDED.
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OKAY. THANK YOU.NO PROBLEM. I DID HAVE ONE QUESTION.
WERE THERE ANY RIGHT OF WAY REQUIREMENTS TO BE DEDICATED TO TXDOT UP ON THAT FRONTAGE ROAD? MATT, DO YOU KNOW OFF THE TOP OF YOUR HEAD? ALONG THE TURNPIKE FRONTAGE ROAD? NO. THERE WAS RIGHT OF WAY DEDICATION ALONG PLEASANT VALLEY OF A COUPLE FEET AND A COUPLE SECTIONS.
THAT WAS ABOUT IT. DID YOU SAY THE PLAN WAS TO DELAY THE RECORDING OF THE FINAL PLAT UNTIL CONSTRUCTION WAS COMPLETED? YES. SO WE RECORD THE FINAL PLAT AT THE END OF THE PROJECT, JUST IN CASE THERE'S ANY SORT OF, UH, OTHER EASEMENTS THAT COME UP.
IF ANYTHING MOVES, WE CAN ADJUST THOSE ADMINISTRATIVELY AND THEN RECORD THAT.
ANY OTHER QUESTIONS? IF NOT, WE'LL TAKE A MOTION.
I'LL MAKE A MOTION TO APPROVE THE FINAL PLAT AS PRESENTED.
MOTION BY COMMISSIONER MONDOK.
SECOND BY COMMISSIONER BETTEN.
HOLD ON ONE SECOND. OKAY. LET ME SEE IF IT WORKS.
YES . MOTION CARRIES UNANIMOUSLY.
[6. Consider and act on a Revised Preliminary Plat for the Trull Center addition, generally located at the southwest corner of Miles Road and Bunker Hill Road, within Sachse city limits.]
SACHSE CITY LIMITS.YES, SIR. THE REQUEST FOR YOU TONIGHT IS FOR A REVISED PRELIMINARY PLAT FOR THE TRULL CENTER.
UM, THE APPLICANT IS VALK PROPERTIES THREE, LLC.
THE OWNER IS CUMULUS DESIGN OR THE APPLICANT WAS CUMULUS DESIGN.
THE OWNER WAS, UH, VALK PROPERTIES AND THE SIZE IS APPROXIMATELY 1.37 ACRES.
UH, THE SITE IS CURRENTLY VACANT.
UM, AND IT'S ZONED A TURNPIKE MIXED TURNPIKE, MIXED USE.
UM, HERE'S A PHOTO OF THE PROPERTY.
UM STIPULATED WITH THE BUILDING OFFICIAL AND CITY ENGINEER.
IF YOU HAVE ANY QUESTIONS, LET ME KNOW.
QUESTIONS, ANYONE? I HAVE SOME QUESTIONS.
OKAY. UM, SO I'M ASSUMING THE, UH, PART OF WHAT WE'RE DOING HERE IS, IS IT'S JUST PRELIMINARY PLAT, BUT WE'RE NOT SHOWING ANY FIRE LANES THAT GO TOWARDS THE FRONT OF IT OR ANYTHING LIKE THAT.
CORRECT. SO THAT'LL BE, THAT'LL BE ADJUSTED, UH, WITH STAFF BEFORE, UH, THE FINAL PLAT COMES IN.
ONCE WE KNOW WHERE THAT FIRE LINE IS GOING TO BE AND EVERYTHING.
SO THE PRELIMINARY PLAT WON'T ACTUALLY GET RECORDED.
UM, AND SO WE'LL BE ABLE TO ADJUST THAT LATER DOWN THE ROAD.
LOOKS LIKE IT'S STUBBED TO THIS PROPERTY.
SO THE INTENTION THAT THIS IS GOING TO CONTINUE THAT IN THE FUTURE AT THE TIME OF THE FINAL PLAT.
CORRECT. SO NOW I HAVE TO HAVE THAT REQUIRED FOR THAT TO BE SHOWN ON THE PRELIMINARY PLAT.
UM, THAT OFF SITE ACCESS EASEMENT.
IT'S MEANT FOR GENERAL ENGINEERING BEFORE YOU GET INTO THE DEEP CIVIL PROCESS.
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IT'S JUST SO THAT IT'S ON THERE SO EVERYBODY KNOWS NOT TO RECORD IT WITH THE COUNTY.IT'S NOT A LEGAL RECORDING DOCUMENT.
WHAT'S WHAT'S THE PARCEL THAT WAS? CAN YOU GO BACK TO THE A FEW SLIDES IN HERE? I THINK YOU SAID THEY PURCHASED AN ADJACENT PARCEL AND THAT WAS BEING ADDED TO THE PLAT LIMITS.
YES. SO CURRENTLY, UH, LOT TWO OF THE TRULL CENTER IS THIS PORTION HERE, THIS AREA HERE THAT I'M CIRCLING AND THIS CORNER PIECE THERE WAS WHAT THEY PURCHASED.
WERE THERE ANY OTHER QUESTIONS? IF THERE ARE NO OTHER QUESTIONS WE'LL TAKE A MOTION.
OKAY. I HAVE A MOTION FOR COMMISSIONER TAQUI TO APPROVE AS PRESENT AS PRESENTED SORRY.
A SECOND. COMMISSIONER COX HAS A QUIET SECOND.
[7. Conduct a public hearing to consider and act on a request for the Martinez Salmon Addition of approximately 0.58 acres of land, being a replat of Lot 1, Block A Desantiago Addition, generally located at 3320 Salmon Street, City of Sachse, Dallas County, Texas, within Sachse city limits.]
LOT ONE, BLOCK A DESANTIAGO ADDITION, GENERALLY LOCATED AT 3320 SALMON STREET, CITY OF SACHSE, DALLAS COUNTY, TEXAS, WITHIN THE CITY LIMITS.THE REQUEST BEFORE YOU TONIGHT IS FOR A REPLAT OF THE MARTINEZ SALMON ADDITION.
LIKE I SAID, THIS PROPOSAL IS TO REPLAT ONE RESIDENTIAL LOT INTO TWO RESIDENTIAL LOTS.
UM, THE APPLICANT IS CBG SERVING.
THE OWNER IS SAMANTHA MARTINEZ AND FERNANDO CESATE.
UM, IT'S APPROXIMATELY 0.58 ACRES.
UH, IT'S CURRENTLY VACANT, AND IT'S ZONED R5 SINGLE FAMILY RESIDENTIAL.
THIS IS THE AERIAL MAP OF THE PROPERTY.
IF YOU HAVE ANY FURTHER QUESTIONS? PLEASE LET ME KNOW. ANYONE HAVE ANY QUESTIONS? UH, SO, UM, I'M ASSUMING THAT THE, UH, THE R5 ZONING ALLOWS FOR THIS.
WHAT IS THE LOT SIZE REQUIREMENT FOR MINIMUM FRONT FRONTAGE? I BELIEVE IT'S 50 AS FAR AS THE, UH, LOT WITH REQUIREMENT.
I DON'T KNOW, OFF THE TOP OF MY HEAD.
MATT, WILL YOU LOOK THAT FOR ME? BECAUSE WHAT'S HAPPENING IS BY SPLITTING THIS LOT, YOUR FRONTAGE IS LESS THAN ALL THE OTHER ONES AROUND IT.
YOU CAN KIND OF SEE IT LOCATED ON THIS PLAT RIGHT NOW.
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WHAT ARE THE SETBACKS FOR THE ZONING? 10%. IT'S USUALLY 10% OF, UM, THE, UM, THE LOT WIDTH.YEAH, SIX FEET ON EITHER SIDE.
[INAUDIBLE] ANYONE HAVE ANY OTHER QUESTIONS? SO WE'LL TAKE A MOTION.
THIS IS A PUBLIC HEARING THAT NEEDS TO BE OPEN.
FIRST, WE MUST OPEN A PUBLIC HEARING TO DISCUSS ITEM NUMBER SEVEN.
HAVING NO ONE HERE TO SPEAK, WE WILL CLOSE THE PUBLIC HEARING.
THANK YOU. NOW WE'LL TAKE A MOTION.
I'LL MAKE A MOTION TO APPROVE THE REPLAT AS PRESENTED.
COMMISSIONER BETTEN MAKES A MOTION TO APPROVE, A SECOND? SECOND FROM COMMISSIONER MONDOK.
SORRY I MISSED YOU. AND NOW WE VOTE [INAUDIBLE].
[8. Conduct a public hearing to consider and act on amendments to Chapter 3, Article 1, Section 3-10 Signs and Chapter 11 Zoning Ordinance, Article 4, Section 8 to move and amend the sign ordinance of the City of Sachse.]
ZONING ORDINANCE ARTICLE FOUR, SECTION EIGHT TO MOVE AND AMEND THE SIGN ORDINANCE OF THE CITY OF SACHSE.SO STAFF HAS BROUGHT BEFORE YOU ALL TONIGHT A SIGN ORDINANCE AMENDMENT.
UM, WE PRESENTED THIS TO, UH, CITY COUNCIL, UH, BACK ON WHAT WAS IT, OCTOBER? OCTOBER 16TH, IN WHICH, UH, THEY PROVIDED US WITH SOME DIRECTION ON WHICH WAYS THEY WANTED TO GO WITH, UH, SOME OF THESE ITEMS. UH, AND WE'RE HERE PROPOSING THOSE AMENDMENTS THAT THEY REQUESTED.
UM, SO STAFF IDENTIFIED THREE AREAS FOR UPDATE, UH, CLEANUP OF WORDING AND FORMATTING FOR EASE OF USE, RELOCATION OF SIGN REGULATIONS TO THE ZONING ORDINANCE AND REGULATIONS, AMENDMENTS TO THE CEVMS SIGNS, POLITICAL SIGNS, BILLBOARDS, MURALS AND ELECTRIC VEHICLE CHARGERS. UM, WHEN WE LOOK AT THESE KIND OF AMENDMENT UPDATES, WE ALSO LOOK AT OUR COMPARATOR CITIES, UM, MAKE SURE THAT WE'RE IN, UH, STANDARD WITH, UH, OTHER CITIES AROUND US AND, UH, OTHER MUNICIPALITIES, MUNICIPALITIES, UM, WITHIN THE CLEAN UP AND FORMATTING, WE SIMPLIFIED THE SIGN CODE FOR EASE OF USE BY UPDATING THE GENERAL GENERAL PROVISIONS CHART, UH, THE UH USE CHART WITHIN THERE, WHICH WE IDENTIFY WHICH SIGNS ARE ALLOWED AND WHICH ZONING DISTRICT, UH, AS WELL AS UH, ADDED A SUPPLEMENTAL INFORMATION LISTED FOR EACH SIGN IN EACH DISTRICT.
UM, WITHIN THE FORMATTING, WE CLEANED UP THE LANGUAGE AND DEFINITIONS, ADDING DEFINITIONS THAT WEREN'T PROVIDED AS WELL AS TAKING SOME OUT THAT WEREN'T ACTUALLY WITHIN THE ORDINANCE ITSELF.
UM, THE NEXT ITEM WE LOOKED AT WAS THE RELOCATION OF THE SIGN REGULATIONS FROM CHAPTER THREE, BUILDING REGULATIONS TO THE CHAPTER 11 ZONING ORDINANCE. UM.
WITH THIS, WE HAD THE CONSOLIDATION OF ZONING AND SIGN REGULATIONS INTO ONE CHAPTER.
ALLOWS US TO REGULATE SIGNS UNDER EACH ZONING DISTRICT.
UM, THE REGULATION THE REGULATION AMENDMENTS THAT WE LOOKED AT, UM, LIKE I SAID, WERE THE THE CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS, POLITICAL SIGNS, BILLBOARDS, MURALS AS WELL AS ELECTRIC VEHICLE CHARGERS.
FOR CEVMS WE ARE PROPOSING THAT THESE ARE ONLY FOR MONUMENT SIGNS, NOT FOR ATTACHED WALL SIGNS.
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THAT THEY BE LIMITED TO 50% OF THE ALLOWED MONUMENT SIGNS SQUARE FOOTAGE, UM, THAT THEY DO NOT ALLOW FOR OFF PREMISE ADVERTISING.SO THEY HAVE TO CHANGE IN LESS THAN ONE SECOND.
UM, POLITICAL SIGNS ON PRIVATE PROPERTY.
NO PLACEMENT WITHIN 15FT OF A STOP SIGN OR TRAFFIC LIGHT.
A MAX HEIGHT OF EIGHT FEET FROM GRADE, AND A MAX SIGN AREA OF 36FT² ON PUBLIC PROPERTY, SPECIFICALLY TO ELECTIONEERING WE ARE ONLY ALLOWING, UH.
ON PUBLIC PROPERTY ONLY ALLOWED AT CITY OWNED PROPERTY DESIGNATED AS A POLLING PLACE.
SO WITHIN OUR CITY HALL THERE ARE TWO POLLING PLACES.
UM, THAT'LL BE DISCUSSED A LITTLE BIT FURTHER.
UM, THESE SIGNS ARE PERMITTED 24 HOURS BEFORE, DURING AND 24 HOURS AFTER THE VOTING PERIOD.
UH, AND THEY MUST BE LESS THAN OR EQUAL TO 16FT².
UH, NO SIGNS WITHIN TEN FEET OF PUBLIC RIGHT OF WAY ADJACENT TO A POLLING PLACE.
UH, WE ARE GOING TO PROHIBIT ALL SIGNS WITHIN PUBLIC RIGHT OF WAY.
FOR BILLBOARDS. WE ARE PROPOSING THAT IT'S CLEANED UP A LITTLE BIT IN THE SIGN ORDINANCE FOR IT TO CLEARLY STATE BILLBOARDS ARE PROHIBITED IN ALL ZONING DISTRICTS. UH SACHSE DOES CURRENTLY NOT ALLOW BILLBOARDS.
BUT THIS UPDATE HELPS US MORE CLEARLY STATE THAT, UH.
STATE THAT THIS SIGN CLASSIFICATION IS PROHIBITED WITHIN ALL ZONING DISTRICTS.
MURALS. UM, WE HAVE PROPOSED A DEFINITION OF MURALS AS NOT AS A SIGN.
THESE BOTH INCLUDE MULTIFAMILY.
UH, LIMITED TO ONE EXTERIOR SERVICE OR SURFACE.
A MAXIMUM OF 75% OF THE FAÇADE CANNOT BE ON ANY FENCE, BUILDING OR PORTION OF BUILDING ZONED USED FOR RESIDENTIAL, EXCLUDING MULTIFAMILY, AND WILL NOT INCLUDE ANY COMMERCIAL ELEMENTS.
UM, IF JUST IN CASE SOMETHING IS BECOMING A NUISANCE.
WE CAN ISSUE NOTICE AND HAVE THAT REPAIRED WITHIN 60 DAYS.
EV CHARGERS WERE PROPOSING THAT THESE SHALL NOT FLASH OR DISTRACT DRIVERS.
UH, AND SCREENS WILL BE LIMITED TO 2.25FT², UNLESS A SIGN VARIANCE IS GRANTED FOR THESE.
SO THE NEXT STEPS AFTER THIS MEETING WOULD BE FOR THE RECOMMENDATION OF THE P&Z, UH, TO BE CONSIDERED BY THE CITY COUNCIL AT THEIR JANUARY 16TH, 2024 REGULAR MEETING.
IF YOU ALL HAVE ANY QUESTIONS, LET ME KNOW.
SO THIS IS THE THE LIST THAT WAS DETERMINED BY THE CITY COUNCIL.
SO THEY WILL NOT BE ALLOWED TO HAVE ANY SORT OF FLASHING OR ANYTHING LIKE THAT WITHIN THOSE SIGNS.
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UM, IN ORDER TO HELP WITH THAT DISTRACTING OF DRIVERS AS WELL I DON'T REMEMBER WHAT WE SPECIFICALLY STATE WITHIN THE ORDINANCE, BUT I BELIEVE WE DO HAVE SOMETHING REGARDING BRIGHTNESS WITHIN THERE.IF NOT, THAT'S SOMETHING WE CAN NOTE AND LOOK AT BEFORE WE TAKE IT TO THE COUNCIL AS WELL.
I KNOW THERE ARE A COUPLE OF SIGNS NEAR FIREWHEEL THAT WE WE HEAR A LOT, NOT OUR CITY, BUT WE HEAR A LOT THE COMPLAINTS THERE BECAUSE SOME OF THEM ARE SO BRIGHT THEY BLIND YOU AS YOU DRIVE UP. OKAY.
DO WE HAVE ANY OF THESE IN SACHSE RIGHT NOW? YES, SIR. THERE ARE A FEW WITHIN SACHSE CURRENTLY.
TO OUR UNDERSTANDING YES, THEY WOULD BE IN COMPLIANCE WITH THIS.
UH, I HAVE A QUESTION ABOUT THE MURALS.
THERE WAS SOMETHING BEFORE CITY COUNCIL [INAUDIBLE] CORRECT.
IS THAT MURAL IN COMPLIANCE WITH THIS ORDINANCE? NO. HOWEVER, IF THEY DECIDE TO GO MORE THAN 75% OF THE MAXIMUM FAÇADE THAT CAN BE TAKEN TO CITY COUNCIL AS A SIGNED VARIANCE.
SO THEY APPROVED THAT MURAL AS A VARIANCE.
SO THEY'RE NOT CURRENTLY WITHIN.
NO, THEY ARE WITHIN OLD TOWN, I BELIEVE.
SO GOING OVER THAT 75%, AS PHILIP NOTED, THAT WOULD BE A VARIANCE.
BUT THE MURAL ITSELF WOULD BE ALLOWED IF IT WAS 75% OF THAT FAÇADE.
IS THERE ANYTHING ABOUT THE CONTENT OF THE MURAL? ANY LIMITATIONS ON THE CONTENT? SO THEY CANNOT INCLUDE ANY SORT OF COMMERCIAL ELEMENTS.
SO ADVERTISING OF PRODUCT, THEY CANNOT DO THAT.
IS IT ALLOWED? IF SOMEONE WANTS TO YOU CAN'T DO THE MURAL, CAN IT DO OFF PREMISE? NO. SO IT WOULD NOT BE ABLE TO, UH, IF THE CONTENT OF THE MURAL WAS SOMETHING THAT WAS DEEMED OBJECTIONABLE. IS THERE ANY PLACE FOR THAT TO BE DISCUSSED IN HERE IN THE ORDNANCE? OR DOES IT GET KICKED UP TO COUNCIL? [INAUDIBLE] I KNOW THIS IS A TRICKY AREA ABOUT TRYING TO TALK ABOUT IT, BUT, YOU KNOW, IF SOMEBODY WANTED TO PUT A SIGN UP ON A MURAL UP THAT WAS A MAN AND A WOMEN ENGAGED IN SEXUAL ACTIVITY.
WOULD THAT BE PROHIBITED BY THIS ORDINANCE? COULD THEY DO THAT? COULD THE OWNER OF WHOEVER BUILT THE MURAL PUT WHATEVER CONTENT THEY WANT IN THERE WITHOUT REGARD TO [INAUDIBLE].
SO WITHOUT LOOKING AT THE ORDINANCE THAT THAT WE WROTE, I DON'T KNOW FOR A FACT.
UM, BUT THAT'S CERTAINLY SOMETHING THAT WE CAN LOOK AT AS WELL.
THERE ARE STANDARDS WITHIN EVERY COMMUNITY AS FAR AS LEWD, UM, TYPE OF CONTENT AND, AND WHATNOT.
I THINK MORE ALONG. WHAT HE'S TRYING TO GET AT IS, IS HOW ARE WE DETERMINING WHAT'S OBJECTIONABLE?
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WELL, I UNDERSTAND THAT.UM, THEY NEED TO BE AWARE OF IF THEY, THEY ALLOW THE MURALS WITHOUT REGARD TO WHAT'S WHAT'S THE CONTENT OF THE MURAL THERE'S POSSIBILITY THAT WE CAN SEE THE NAME SACHSE ON THE EVENING NEWS ACROSS THE NATION, AND I DON'T THINK THAT'S WHAT WE WANT.
BUT IT NEEDS TO BE TALKED ABOUT.
HOW WOULD WE PRESENT THAT RECOMMENDATION TO COUNCIL? [INAUDIBLE] I THINK IT WOULD JUST BE A NOTATED, UH, COMMENT WITH YOUR RECOMMENDATION THAT, UH, THE MURAL SECTION, UM, THERE'D BE A DISCUSSION ABOUT.
IT'S KIND OF TRICKY IN THE SENSE AS COMMISSIONER KEMPER NOTED, ABOUT CONTENT.
UM, BUT ONCE AGAIN, WE'RE NOT CLASSIFYING THIS AS A SIGN.
SO I THINK WE HAVE A LITTLE BIT MORE LEEWAY ON WHAT WE CONSIDER MURAL SLASH ART.
IF IT'S A SIGN WE HAVE NO CONTROL OVER CONTENT EITHER.
BUT THE SIGN IS WE HAVE TO BE CONTENT NEUTRAL, MEANING WE CANNOT REGULATE WHAT THE SIGN SAYS.
SPEAKERS] SO OFTEN IS ADVERTISING MEANING LIKE A BILLBOARD, FOR EXAMPLE, WHERE YOU'RE ON A INDIVIDUAL PIECE OF PROPERTY AND YOU'RE ADVERTISING FOR PEPSI, OR, OR SOME OTHER OTHER TENANT OR SOMETHING LIKE THAT.
THAT IS ACTUALLY NOT ON YOUR PHYSICAL PROPERTY THAT'S CONSIDERED OFF PREMISE.
IN OUR CODE. DO WE ADDRESS THE ISSUE OF SEXUAL CONTENT BUSINESS OR WHATEVER YOU WANT TO CALL THEM? AS FAR AS THE USES THEMSELVES? ARE THEY REGULATED BY OUR ZONING ORDINANCES? YES. OKAY.
IT NEEDS TO BE REVIEWED BY SOMEBODY [INAUDIBLE] APPROVED BY SOMEBODY.
I WAS ABOUT TO ASK A QUESTION, TO ASK IT A DIFFERENT WAY FOR MURALS SPECIFICALLY, DOES THIS GO THROUGH A REVIEW PROCESS AND HAVE TO GET APPROVED BEFORE THE MURAL CAN BE CREATED? THEY WOULD HAVE TO SEND IN FOR AN APPLICATION SHOWING THAT THE MEETING ALL STANDARDS OF THIS MURAL SECTION.
IS IT 75% WHICH FAÇADE IT IS, BUT NOT SPECIFICALLY TO THE CONTENT OF IT.
WELL, THEY WOULD BE SHOWING US WHAT THE WHAT THEIR PROPOSAL IS.
AND WHO IS THE AUTHORITY AGENT THAT APPROVES OR DOES NOT APPROVE? THIS WOULD BE STAFF APPROVAL UNLESS ONCE AGAIN, IT WENT OVER A CERTAIN PERCENTAGE.
I THINK. BUT IF WE NEED TO ADD ANOTHER LAYER.
I THINK THE MAIN ISSUE HERE IS, UM, HAVING COUNCIL HAVE TO DECIDE EVERY SINGLE MURAL.
THERE HAS TO, THEY'RE WANTING TO HAVE WANTING STAFF TO HAVE THE LEEWAY TO ALLOW THESE.
OBVIOUSLY, UP TO A CERTAIN EXTENT, YOU KNOW, DEPENDING ON ON WHAT IT IS.
AND IT PUTS THE COUNCIL IN AN AWKWARD POSITION OF DEEMING THE ARTWORK WORTHY OR NOT.
UM, SO THAT'S THAT'S WHERE THEY'RE LEAVING IT TO, TO STAFF.
THAT WAS THE RECOMMENDATION FROM COUNCIL AT THAT POINT, BUT.
HEARING YOUR EVERYONE'S CONCERNS RELATED TO THE CONTENT AND SOME OF THAT.
THAT'S SOMETHING THAT WE CAN GO BACK AND LOOK THROUGH A LITTLE BIT MORE AND LOOK AT OUR COMPARATOR SERIES AND HOW THEY HANDLE THE MURALS AND BRING THAT FORWARD TO COUNCIL WITH IF THIS MOVES FORWARD.
I DIDN'T MAYBE FOLLOW ALL OF THAT, BUT LET ME ASK A QUESTION.
IN, IN THE, IN THE IN THE WAY THAT THAT YOUR OFFICE FUNCTIONS IF SOMEONE IS TO COME TO YOU AND SAY, I WANT TO DO THIS MURAL.
AND IT MEETS EVERYTHING EXCEPT MAYBE YOU DON'T AGREE WITH THE CONTENT.
DO YOU DO YOU HAVE THE ABILITY TO SAY I HAVE TO REFER THIS TO PLANNING AND ZONING COMMISSION.
AND THEN IF WE DON'T LIKE WHATEVER.
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DO WE HAVE THE ABILITY TO REFER IT TO COUNCIL? BUT AT CERTAIN POINTS, YOU'RE STARTING TO INFRINGE UPON THEIR RIGHTS AS FREE SPEECH.WELL, I UNDERSTAND IT'S FREE SPEECH, BUT YOU KNOW, THERE THERE'S.
THERE'S A WHOLE LOT OF DISCUSSION GOING ON RIGHT NOW ABOUT SPEECH AND YOU KNOW WHAT'S HATE SPEECH? YOU KNOW, AND ALL OF THAT IS SUBJECTIVE, BUT.
OUR OUR THERE'S COMMUNITY STANDARDS.
AND I GUESS WHAT I'M TRYING TO SAY IS WE NEED MECHANISM IN THIS.
IF THERE'S SOMETHING THERE THAT IT GETS IT AWAY FROM STAFF, IT GETS IT AWAY FROM VOLUNTEERS, AND IT GETS IT UP THERE AND IT MAKES THE ELECTED OFFICIALS MAKE THE DECISION AND TAKE THE HEAT, BECAUSE THAT'S WHERE IT'S GOING TO IF, IF YOU GUYS MAKE A DECISION AND IT'S, IT GETS GETS A LOT OF HEAT, Y'ALL ARE GOING TO SUFFER FOR IT.
AND YOU KNOW, IT'S THERE'S TOO THERE'S TOO MANY.
I'M GETTING ON A TANGENT BUT THERE'S TOO MANY THINGS GOING ON IN TOO MANY PEOPLE'S H AVE THEIR OWN IDEAS ABOUT WHAT IS AND IS NOT ACCEPTABLE THAT, UH UH, I DON'T WANT TO SEE YOU GUYS HANGING OUT, AND I DON'T WANT US TO BE HANGING OUT ON IT.
I WANT IT TO BE THE ELECTED OFFICIALS THAT DO IT.
YOU KNOW, YOU IF YOU LIMIT SOMEBODY'S SPEECH, THEN YOU OPEN UP THE CITY TO A LAWSUIT.
THAT'S WHY I'M SAYING THIS NEEDS TO BE DISCUSSED UP AT THE COUNCIL LEVEL.
UH. I THINK IT'S JUST A REALLY SLIPPERY SLOPE TO START LIMITING.
AND EVEN TODAY, THERE IS A LOT OF LIMITATIONS ON SPEECH THAT'S HAPPENING.
THE PRESIDENTS FROM THREE BIG EASTERN EAST COAST UNIVERSITIES.
OR ONE OF THEM HAS HAS RESIGNED OVER THE FACT THAT, UM, THERE WAS A LOT OF ANTI-SEMITISM EXPRESSED ON THEIR CAMPUS, AND THEY DIDN'T COME UP AND SAY EXACTLY HOW THEY'RE GOING TO DO IT, HOW THEY'RE GOING TO CONTROL THAT.
AND IT'S, IT'S IT'S THE ISSUE OF FREE SPEECH.
SO, ANYWAY, I'M SORRY, I DIDN'T MEAN TO GET US ON A TANGENT.
UM, IF THE PLANNING ZONING COMMISSION FEELS STRONGLY ABOUT THIS, YOU KNOW, MAKE IT PART OF YOUR RECOMMENDATION AS FAR AS, HEY, YOU HAVE CONCERNS ABOUT MURALS AND LOOK AT THESE, THESE COUPLE THINGS AND, AND WE CAN EXPLORE THAT AND BRING IT UP WITH COUNCIL AT, AT THEIR MEETING.
AND, AND THEN THEY CAN MAKE THE FINAL DETERMINATION.
I WOULDN'T WANT TO SIT IN YOUR CHAIR WITHOUT SOME OF THAT, WITHOUT THE ABILITY TO TO KICK IT UP.
I HAVE SOME OTHER QUESTIONS. YES, SIR.
UM, ON THE CHANGEABLE ELECTRIC VARIABLE MESSAGING SIGNS, WHY IS THERE A LIMITATION OF 50%? THE MORE YOU LIMIT IT, THE LARGER YOUR SIGNS BECOME.
AND THEN YOU START HAVING, UH, VISUAL BARRIERS AND THINGS LIKE THAT WHERE THERE'S OTHER OTHER ENGINEERING ISSUES THAT THEN COME INTO PROBLEMS. SO AS FAR AS THE LIMITING IT TO 50%, THAT WOULD BE OF THE ALLOWED SQUARE FOOTAGE OF CURRENT MONUMENT SIGNS, WHICH IS TYPICALLY 60FT².
SO THEY'D BE LIMITED TO 30FT² TOTAL FOR THE CEVMS SIGNS.
ALL RIGHT. THE NEXT ONE I HAVE A QUESTION ON AGAIN, WAS THE EV SITUATION EV CHARGING.
THE FLASHING AND ALL OF THE LIGHTING AND STUFF LIKE THAT.
UM, IS THERE LIMITATION RESTRICTIONS THAT YOU COULD PLACE ON THIS SO THAT IT'S NOT ADJACENT TO THE ROADWAY TO WHERE IT WOULD CAUSE A VISUAL DISTRACTION? CAN YOU PUT IT UP AGAINST THE BUILDING TYPE OF THING? SO AS WE'RE REGULATING IT HERE, IT WOULD BE, UH, IT WOULD BE REGULATED AS A ACCESSORY STRUCTURE, UM, WHICH HAVE THEIR STANDARD SETBACKS.
I CAN'T REMEMBER WHAT IT IS FOR COMMERCIAL SITES OFF THE TOP OF MY HEAD.
[00:40:02]
UM, BUT IF THERE'S NOTHING TO ADDRESS THAT, UH, ADJACENT TO RIGHT OF WAY KIND OF CONCERN THAT'S SOMETHING THAT WE CAN LOOK AT BEFORE TAKING IT TO COUNCIL.SO THE POINT WITH THESE WAS DEPENDING ON WHERE THEY'RE GOING TO PLACE THESE EV CHARGERS IS GOING TO DICTATE S OME OF THE THE AND WE'VE HAD SOME INQUIRIES PREVIOUSLY, SOME BEING MUCH LARGER THAN THE COCA-COLA SIGN HERE AND HAVING A SERIES OF THOSE, AND THOSE WOULD BE LOCATED ALONG A RIGHT OF WAY, BECAUSE WE DON'T TECHNICALLY LIMIT WHERE YOU CAN PUT YOUR ELECTRIC VEHICLE CHARGERS.
UM, IT'S ONE OF THOSE WE WANT TO ENCOURAGE THEM TO BE ABLE TO DO IT, BUT DO WE WANT TO HAVE LARGE, BASIC, BASICALLY CHANGEABLE COPY SIGNS THAT CAN FLASH AND MOVE AND WHATNOT? THE POINT WAS TO LIMIT IT TO THE 2 AND A 2.25FT², LIKE A GAS STATION.
WHERE YOU AT THE PUMP WHERE YOU HAVE YOUR LITTLE SCREEN.
IT'S BASICALLY NEGLIGIBLE AT THAT POINT IN TIME.
IT'S NOT REALLY VISIBLE FROM FROM OUTSIDE THE PROPERTY.
SO THEY WOULD NOT JUST BE FOR THE PERSON THAT'S CHARGING THEIR CAR.
THE PROPOSED AMENDMENT HERE IS TO GET AWAY FROM THE, LIKE THE COCA-COLA TYPE SIGN, TO GET BACK INTO THE SMALLER SCREENS, WHERE YOU'RE NOT REALLY GOING TO SEE THAT FROM OUTSIDE THE PROPERTY.
SO THE INTENT IS FOR TO CHARGE THE ELECTRIC VEHICLE AND MAYBE SOME INCIDENTAL SIGNAGE WHILE IT'S CHARGING THAT IT'S THERE, BUT NOT TO ADVERTISE OUTSIDE OF THE BOUNDS OF THAT PROPERTY. OKAY.
DOES THIS ORDINANCE LIMIT THE NUMBER OF EV CHARGERS PER LOCATION IN ANY WAY? IT DOES NOT. SO EACH DEVELOPMENT IS GOING TO HAVE THEIR MINIMUM PARKING REQUIREMENTS. IN ALL LIKELIHOOD, THEY WILL SET ASIDE A FEW OF THESE SPACES FOR ELECTRIC VEHICLE CHARGING, BUT THE LIKELIHOOD THAT THEY WOULD DO ALL EV CHARGERS FOR WHETHER IT BE A WALMART OR A BRASS TAP OR ONE OF THOSE UM, IS IS VERY LOW.
NO, THEY WOULD STILL HAVE TO BE IN COMPLIANCE WITH ADA.
FURTHER QUESTIONS AND DISCUSSION.
I BELIEVE WE HAVE. THIS IS AN OPEN MEETING, A PUBLIC FORUM.
ANYBODY HAVE ANY COMMENTS? HAVING NO ONE HERE TO MAKE A COMMENT, WE'LL CLOSE THE PUBLIC MEETING.
UH, SO NEXT WILL WE NEED DO WE NEED TO MAKE A RECOMMENDATION.
DO WE WANT TO FORMAT THE RECOMMENDATION TO THE TO THE MOTION? WE DEFINITELY NEED TO, UM, TO WHERE, UH, CONTENT IS BEING REVIEWED AT CERTAIN STAGES THAT CAN BE DETERMINED BY CITY COUNCIL HOW THEY WANT TO DO THAT. OKAY.
OKAY. UH, THE OTHER ONE IS, AND YOU'RE SPEAKING SPECIFICALLY TO MURALS.
I THINK IT WAS MOSTLY THE CONTENT OF THE MURALS.
I THINK IT WAS JUST CONTENT JUST FIGURING OUT A MECHANISM THAT'S NOT GOING TO LIMIT SOMEBODY'S FIRST AMENDMENT RIGHT TO FREE SPEECH AND, UM, FIGURE OUT WHAT WE DETERMINE OR WHAT IS DETERMINED UNIVERSALLY TO BE OBJECTIONABLE WITHOUT STEPPING ON ANYBODY ELSE'S FREEDOM.
SO THAT WOULD BE MY BIGGEST CONCERN.
WOULD THE APPROPRIATE MEASURE THEN TO BE HAVE THE HAVE IT BE REVIEWED THE MURAL CONTENT, WHATEVER.
BUT LET'S BEFORE THE CITY COUNCIL KIND OF HAS THEIR MOTIONS AND STUFF LIKE THAT, HAVE IT REVIEWED BY THE CITY ATTORNEY OR WHATEVER TO SAY, WHAT CAN WE DO AND WHAT CAN'T THEY DO TO PRESENT TO CITY COUNCIL, SO THEY CAN MAKE THE APPROPRIATE CALL.
AND WIDELY ACCEPTED AS OFFENSIVE BY AND AT THE SAME TIME NOT LIMITING SOMEBODIES.
AGAIN, IT'S THAT THAT GETS REAL, REAL SLIPPERY RIGHT THERE.
I MEAN, BUT THE WHOLE POINT, THE WHOLE POINT OF THIS WAS TO THE WHOLE POINT OF THE ORDINANCE, AS I UNDERSTAND IT, THE AMENDMENTS OF THIS WAS TO PROHIBIT OR SO THAT EVERY SINGLE CASE DOES NOT GO TO COUNCIL IT WAS TO EXPEDITE IT.
[00:45:02]
ADDING MULTIPLE REVIEW CYCLES AS FAR AS THE CONTENT, LET THAT HAVE ITS OWN THING.BUT LET'S HAVE THE CITY ATTORNEY LOOK AT IT.
SO THEY WRITE THE CONTENT. AND HOW DID THAT STEP PROCESS NEEDS TO HAPPEN IF IT'S ON THE STAFF LEVEL, IF IT'S ON P&Z, IF IT'S ON, HOWEVER, THAT NEEDS TO BE, LET THAT BE FIGURED OUT BY THE ATTORNEY.
LET THE LET THE ATTORNEYS TAKE CARE OF THAT.
THE HOW THAT PROCESS NEEDS TO BE SET UP DOES NEED TO GO BEFORE SOME LEGAL, UH, LEGAL REPRESENTATION.
SO AS AS FAR AS YOUR MOTION GOES, WHAT IF YOU'RE IF EVERYONE IS ACCEPTABLE WITH THE CHANGES, THE OTHER CHANGES THAT ARE PART OF THIS ORDINANCE, YOU WOULD MAKE A RECOMMENDATION THAT THE MURAL COMPONENT BE LOOKED AT FURTHER REGARDING CONTENT.
AND THEN AT THE COUNCIL MEETING ITSELF, COUNCIL CAN WEIGH IN ON THAT AND SAY THIS IS THE BEST PATH TO MOVE FORWARD, WHETHER IT'S CREATING A NEW, NEW PROCESS OR MAYBE THEY'RE FINE WITH IT THE WAY IT IS OR SOME SOME OTHER [INAUDIBLE].
SO I WOULD SAY THAT'S THAT'S HOW YOU'D FRAME YOUR MOTION THERE BUT EVERYTHING ELSE WAS OKAY.
UM, IT'S GOING TO BE DIFFICULT TO FIGURE OUT THAT.
SO HOW DOES THIS WORK? MOTION TO APPROVE AS PRESENTED WITH A RECOMMENDATION TO DETERMINE SOME CONTENT.
CONTENT REVIEW PROCESS FOR MURALS.
DOES THAT WORK? SOMETHING ALONG THOSE LINES.
IF YOU HAVE A SPECIFIC RECOMMENDATION, WHETHER IT'S WE, THE PLANNING AND ZONING COMMISSION ITSELF HAS A RECOMMENDATION THAT THE SIGN ORDINANCE BE APPROVED, SUBJECT TO THE MURAL CONTENT BEING INVESTIGATED FURTHER BY CITY COUNCIL, OR ONE OF THOSE THINGS FOR RELATED TO CONTENT.
OKAY. ALL RIGHT, SO LET'S TRY IT THIS WAY.
MOTION TO APPROVE THE SIGN ORDINANCES AS PRESENTED.
I WOULD ACTUALLY LEAVE CONTENT OUT OF IT AT THIS POINT.
A PROCESS FOR APPROVAL OF THEM.
RIGHT. AND TO INCLUDE A PROCESS FOR APPROVAL OF THE MURALS.
HOW DOES THAT WORK? DOES THAT WORK? SO WILL ANYBODY MAKE THAT MOTION? I'LL MAKE IT.
A MOTION FROM COMMISSIONER KEMPER.
THANK YOU [INAUDIBLE]. OKAY, A SECOND FROM COMMISSIONER TAQUI.
NOW WE WILL VOTE. MAYBE WE WILL. THE VOTE IS UNANIMOUS.
THAT WILL CONCLUDE OUR AGENDA FOR THIS EVENING.
UP NEXT IS NUMBER NINE ADJOURNMENT.
I HAVE A QUESTION I WANT TO WANT YOU TO LOOK AT AND ANSWER FOR ME.
* This transcript was compiled from uncorrected Closed Captioning.