Sep 15, 2026 Planning & Zoning

[1.Call to Order]

[00:00:04]

TO ORDER THE TUESDAY, SEPTEMBER 15TH, 2026, PLANNING AND ZONING COMMISSION MEETING WHERE OUR FOCUS WILL BE THE BEST AND HIGHEST USE OF THE LAND OF WAXAHATCHEE.

IF EVERYONE WOULD PLEASE STAND FOR THE INVOCATION.

GOOD EVENING.

DEAR HEAVENLY FATHER, THANK YOU FOR THIS INCREDIBLE DAY IN WAXAHATCHEE AND THE OPPORTUNITY FOR THIS BOARD AND OUR MAYOR TO SERVE OUR COMMUNITY.

AND WE'RE SO GRATEFUL FOR AN INCREDIBLE STAFF THAT DOES ALL THE, ALL THE BACK WORK, ALL THE LEGWORK, AND, UH, SO GRATEFUL FOR THE CITIZENS THAT, UH, SHOWED UP TONIGHT.

UM, AND, UH, PRAY THAT YOU GIVE US, UH, GUIDANCE AND CLARITY, WISDOM, UM, ON THE ITEMS THAT WE NEED TO DISCUSS AND, UH, CONTINUE TO ALLOW US TO MOVE THIS CITY FORWARD, UH, FOR YOUR KINGDOM.

JESUS NAME, AMEN.

AMEN.

THANK YOU, COMMISSIONER PORCH.

NEXT IS PUBLIC COMMENT.

PEOPLE THAT HAVE SUBMITTED A PUBLIC APPEARANCE CARD MAY ADDRESS THE PLANNING AND ZONING COMMISSION ON ANY ISSUES.

THIS IS THE APPROPRIATE TIME FOR CITIZENS TO ADDRESS THE COMMISSION ON ANY CONCERN, WHETHER ON THIS AGENDA OR NOT IN ACCORDANCE WITH THE STATE OF TEXAS OPEN MEETINGS ACT.

THE COMMISSION MAY NOT COMMENT OR DELIBERATE SUCH STATEMENTS DURING THIS PERIOD, EXCEPT AS AUTHORIZED BY SECTION 5 5 1 0.042 TEXAS GOVERNMENT CODE.

WE HAD ZERO PEOPLE SIGN UP TO SPEAK DURING PUBLIC COMMENTS.

NEXT ON THE AGENDA ARE THE OPEN OR THE THE OPEN ISSUE.

NEXT

[4. Consent Agenda]

ALL OTHER MATTERS LISTED UNDER ITEM NUMBER FOUR ARE CONSIDERED ROUTINE BY THE PLANNING AND ZONING COMMISSION AND WILL BE ENACTED BY ONE MOTION.

THERE WILL NOT BE SEPARATE DISCUSSIONS OF THESE MATTERS.

APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE PLANNING AND ZONING COMMISSIONER TO EXECUTE ALL MATTERS NECESSARY TO IMPLEMENT EACH ITEM.

ANY ITEM MAY BE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION AND CONSIDERATION BY ANY MEMBER OF THE PLANNING AND ZONING COMMISSION.

THE CHAIR WILL ENTERTAIN A MOTION.

MADAM CHAIR, I MOVE TO APPROVE THE CONSENT AGENDA IS SUBJECT TO THE RECOMMENDATIONS OF STAFF.

A SECOND WE HAVE A MO MOTION AND A SECOND.

ALL IN FAVOR, RAISE YOUR RIGHT HAND.

ALL OPPOSED, SAME SIGN.

MOTION CARRIES.

[5. Public Hearing on a request by Jeremy Nelson, Westfall Engineering, for a Specific Use Permit (SUP) for a Unified Lot Sign use for a Child Daycare Center within a General Retail (GR) zoning district located at 1328 and 1332 Brown Street (Property ID(s): 295112 and 295113); Owner(s): Buffalo Creek Plaza LLC and Desert Owl Realty, LLC (ZDC-83-2026)]

THANK YOU.

UH, THE APPLICANT IS REQUESTING A SPECIFIC SPECIFIC USE PERMIT FOR A UNIFIED, UH, LAW SIGN.

UM, WITH THIS PROPOSED DEVELOPMENT, IT IS A DAYCARE OR A CHILDCARE CENTER.

UM, AT THIS FACILITY, IT'S LOCATED JUST, UH, TO THE EAST OF BROWN STREET AND SOUTH OF INDIAN DRIVE.

UM, ON YOUR MAP THEY SEE IN FRONT OF YOU IS THE PROPOSED LOCATION FOR THIS, UH, DAYCARE CHILD FACILITY.

THE PROP SUBJECT PROPERTY IS ZONED COMMUNITY RETAIL.

UH, SURROUNDING PROPERTIES ARE ZONED SIMILARLY, AND THE USES RANGED FROM PROFESSIONAL OFFICE, UM, MEDICAL OFFICE, ET CETERA.

UM, AS PART OF THIS REQUEST, UH, THEY ARE REQUESTING A SIGN, AN OFF-PREMISE SIGN IN ACCORDANCE WITH OUR REGULATIONS, UM, ANY SORT OF OFF.

UH, THE CITY DOES NOT ALLOW FOR ANY SORT OF OFF-PREMISE SIGNAGE UNLESS THEY DO GO AHEAD AND GET THAT APPROVED THROUGH A UNIFIED SI UH, LOT SIGN, UH, ORDINANCE OR THROUGH A PD.

UM, THAT IS ONE OF THE REASONS WHY THEY'VE COME BEFORE.

UH, THIS REQUEST TODAY IS TO ALLOW FOR AN OFF-PREMISE MONUMENT SIGN.

UM, THE, UH, THE SIGN, UM, IS APPRO IS APPROXIMATELY 69 SQUARE FEET.

UM, WHAT, UH, IS APPROXIMATELY SEVEN FEET, NINE INCHES HIGH, NINE FEET WIDE.

UM, THE OTHER REQUESTED DEVIATIONS THAT THEY ARE REQUESTING, UH, AS PART OF THIS, UH, YOU PROBABLY LOT SIGN DEVELOPMENT WELL HAS TO DO.

ONE OF THE MAIN ONES IS THE GLAZING.

UM, IF YOU REMEMBER THIS ONE, THIS CAME BEFORE ALL OF YOU TODAY, UH, ABOUT A MONTH AGO OR SO, MAYBE A LITTLE BIT LONGER.

I APOLOGIZE.

I DON'T QUITE REMEMBER THE EXACT DATE.

UM, THAT WAS ONE OF THE BIGGER ITEMS OF CONTENTION BEFORE THE PLANNING ZONING COMMISSION AND CITY COUNCIL.

OUR CODE DICTATES THAT, UM, THE GLAZING BE 30% FOR EACH ELEVATION.

UM, WHEN WE CALCULATE THE GLAZING, WE DO BY THE ELEVATION AND NOT THE, NOT THE BUILDING FACADE.

UM, WITH THE INFORMATION GIVEN AS PART OF THIS, UH, PACKET, THE NUMBERS THAT WE BROUGHT UP OF WHERE THEY WERE DEFICIENT BASED OFF THE BUILDING ELEVATION MEASUREMENTS, UH, NORTH ELEVATION WOULD BE 11.89% EAST

[00:05:01]

WEST ELEVATION 11.9% WITH AN AVERAGE OF 11.61%.

UM, ONCE AGAIN, WHEN THIS WENT BEFORE THE PLANNING COMMISSION, UH, PLANNING COMMISSION DID RECOMMEND, UM, APPROVAL WITH AN ALTERNATIVE GLAZING REQUIREMENT.

WHEN THIS WENT BEFORE, UH, CITY COUNCIL, THEY FAILED TO GET AN APPROVAL OF THE PROPOSED REQUEST.

THERE WAS CONCERN ABOUT THE GLAZING AND SOME OF THE SIGNAGE, UH, PER THE CITY COUNCIL MEETING.

THE LOT WITH THE BUILDING IS CONFIGURED WHERE, UM, THE BUILDING IS PERPENDICULAR TO THE LOT RIGHT HERE.

UM, THE BACK OF THE BUILDING IS RIGHT HERE.

YOU CAN SEE WHERE THE OUTDOOR PLAYGROUND, WHERE THE CHILDREN PLAY IS THE BUDDING BROWN STREET.

SO WHEN YOU SEE THE SITE PLAN THAT'LL HELP ORIENT YOURSELF.

THE DRIVEWAY AT PARKING LOT AREAS RIGHT HERE AND COMES OUT TOWARDS INDIAN DRIVE RIGHT HERE.

UM, STAFF IS RECOMMENDING DENIAL.

UM, ONE OF OUR, THE REASONS WHY WE ARE RECOMMENDING DENIAL IS 'CAUSE I FAILED TO GET A MOTION AT THE CITY COUNCIL.

WE DO FEEL THAT THE GLAZING WAS DONE, UH, FOR PURPOSE.

UH, THAT WHEN WE DO BRING ARCHITECTURAL CONTROLS OF A BUILDING, WE TRY TO MAKE THESE BUILDINGS LAST, UH, FOR FUTURE USERS.

UM, THERE IS A TENDENCY WITH CERTAIN USERS THAT THEY'RE NOT ULTIMATELY THAT USER LONG TERM.

UM, SO WE ALWAYS TRY TO PREPARE THE ARCHITECTURAL STYLE AND DETAILS FOR WHAT THE FUTURE USERS COULD BE USING IT FOR.

UM, AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.

THANK YOU SO MUCH, TRENTON.

ARE THERE ANY QUESTIONS FOR STAFF? IS THERE ANYTHING, IF THEY DID GO WITH THE 30% GLAZING, IS THERE ANYTHING THAT WOULD RESTRICT THEM FROM PUTTING A PRIVACY FILM ON WINDOWS WHERE THEY'RE CONCERNED ABOUT CHILDREN'S PRIVACY? NO.

THEY COULD MAKE THESE WINDOWS FO WINDOWS, UM, REALISTICALLY, I MEAN, THEY COULD GO AHEAD AND DO, THEY COULD PUT, UH, FILM ON THERE MM-HMM .

TO BLOCK SCREENS.

UM, BUT NO, THEY, IT WOULD STILL BE REQUIRED TO BE THE 30%.

BUT YEAH, THERE'S NOTHING REALLY LIMITING THEM, UM, FROM PUTTING UP FILM OR SOME SORT OF SOMETHING ON THE INSIDE TO BLOCK VISIBILITY TOWARDS THE INSIDE.

OKAY.

BECAUSE THEN THAT'S SOMETHING THAT SHOULD IT BECOME A DIFFERENT TYPE OF FACILITY COULD BE REMOVED? CORRECT.

OKAY.

OKAY.

AND, UH, TRENTON OR MADAM MAYOR, I, I THOUGHT I UNDERSTOOD BEFORE THE MEETING WHAT HAPPENED AT CITY COUNCIL, BUT, UH, I JUST LEARNED, MAYBE I'M WRONG.

WAS THERE TWO MOTIONS OR WAS THERE ONE MOTION? YEAH, SO THERE, THERE'S ONE MO THE FIRST MOTION THAT CITY COUNCIL MADE, UM, WAS TO, TO APPROVE WITH THE CONDITIONS THAT FAILED.

THE SECOND MOTION WAS APPROVED WITH GLAZING AT 30% AND THAT FAILED.

UM, THERE WERE COMMENTS SAYING JUST MEET THE GLAZING REQUIREMENTS AND OUR REGULATIONS, UM, TOWARDS THE END, UH, FROM VARIOUS COUNCIL MEMBERS.

UM, YEAH.

SO ARE THESE, ARE THESE STANDARDS JUST WAXAHATCHEE REGULATIONS OR ARE THESE INDUSTRY, UH, I WOULD'VE TO, THESE ARE THE CITY OF WAXAHATCHEE, UM, DEVELOPMENT STANDARDS.

I'D HAVE TO GO BACK THROUGH VARIOUS CITIES INTO ANALYSIS OF WHAT THEIR GLAZING REQUIREMENTS ARE.

THERE ARE VARIOUS CITIES THROUGHOUT TEXAS AND THE NATION THAT DO HAVE GLAZING REQUIREMENTS.

UM, MORE INTENSE, LESS INTENSE.

UM, BUT THESE ARE THE ONES THAT AT ONE POINT IN TIME THAT CITY COUNCIL, THE PLANNING COMMISSION AND CITY COUNCIL, UM, THOUGHT WERE BEST FOR THE FUTURE GROWTH AND DEVELOPMENT OF THE CITY OF ACHI.

OKAY.

SO MY NEXT QUESTION IS A FOLLOW UP.

MM-HMM .

IS THIS MOTION THAT'S BEFORE THE COMMISSION TONIGHT ABOUT THAT ISSUE? OR ARE WE TALKING ABOUT CONTEXT OR ARE WE TALKING ABOUT A SIGN? UM, THE MOTION.

THE MOTION YOU HAVE, I MEAN, RIGHT NOW I DON'T HAVE A MOTION IN FRONT OF YOU.

WE'RE RECOMMENDING STAFF'S RECOMMENDED DENIAL.

IF YOU WERE TO APPROVE IT, WE WOULD PROBABLY RECOMMEND THAT THEY MEET THE GLAZING REQUIREMENTS.

UM, THE OFF-PREMISE SIGN, IT MAKES SENSE TO HAVE A MONUMENT SIGN ON INDIAN DRIVE.

UM, IF I WAS, I MEAN A PROPERTY OWNER OR A BUSINESS OWNER AND MY LOT WAS PUSHED BACK THERE AND I DIDN'T HAVE INGRESS EGRESS TO BROWN STREET.

MY BUILDING WASN'T FACING BROWN STREET WITH THE PARKING LOT THAT WAY.

I DEFINITELY WANT SOME SORT OF SIGNAGE ON, UM, INDIAN DRIVE TO LET PEOPLE KNOW COME IN THERE.

THAT'S WHERE OUR ENTRANCE IS.

UM, SO THAT MAKES SENSE.

UM, YEAH,

[00:10:01]

SO THERE WAS A MOTION AT CITY COUNCIL TO GO WITH THE, TO REQUIRE THE 30% GLAZING REQUIREMENT, BUT IT WAS DENIED.

WHY, SO WHY WOULD THAT HAVE BEEN DENIED? SO KIND OF GOING BACK, SO ALSO GIVING SOME MORE CONTEXT AT THAT MEETING, THEY HAD SOME ALTERNATIVE PLANS THAT STAFF HAD NOT EVEN HAD A CHANCE TO REVIEW THAT THEY MADE SOME, UH, CHANGES PRIOR TO THAT MEETING.

THEY BROUGHT THEM TO THAT MEETING.

UM, AND SO FROM MY POINT OF VIEW, I DON'T WANNA SPEAK ON BEHALF OF COUNCIL.

UM, IT LOOKED LIKE COUNCIL WAS REALLY UNSURE.

I MEAN, WE HAD, STAFF HADN'T HAD A CHANCE TO REVIEW THE BRAND NEW SITE PLAN AND ELEVATIONS THAT THEY WERE BRINGING TO THAT MEETING.

UM, WE ALWAYS ENCOURAGED TO NOT DESIGN AT THE DIOCESE BECAUSE IT'S REALLY HARD TO WRITE ORDINANCES AND CHANGE THE REGULATIONS AT A DESK.

AND IT PUTS, IN MY OPINION, PUTS STAFF IN A VERY DIFFICULT POSITION WHERE WE'RE TRYING TO CONFIRM IF THESE NUMBERS, THIS INFORMATION IS, UH, ACCURATE, UM, AND WHERE IT DOES OR DOES NOT FALL SHORT OF OUR REGULATIONS.

UM, AND DOESN'T GIVE US PROPER TIME TO GIVE A PROPER ANALYSIS.

SO I THINK IN MY OPINION, WHERE THE SECOND MOTION WAS COMING WAS TRYING TO UNDERSTAND THIS NEW SUBMITTAL THAT WAS PRESENTED IN FRONT OF COUNSEL AT THE MEETING AT THAT MOMENT IN TIME.

THAT'S MY OPINION.

COUNSEL MIGHT HAVE DIFFERENCE SINCE THEY WERE THE ONES MAKING THE MOTIONS.

MM-HMM .

BUT IN MY OPINION, THAT'S WHAT I WAS UNDERSTANDING.

OKAY.

ANY MORE QUESTIONS FOR STAFF? ARE THERE ANY REGULATIONS CENTERED AROUND THE, THE COLORS OF SIGNAGE? SO WE HAVE VARIOUS, UH, REGULATIONS REGARDING SIGNAGE.

UM, HOWEVER THE COLORS, UM, WE DON'T REALLY REGULATE.

UM, SO YOU COULD HAVE AN ARRAY OF COLORS OF SIGNAGE.

UM, SO ONE THING WE ARE LOOKING AT ARE, AND I KNOW OTHER CITIES HAVE DONE THIS AS WELL, IS WHERE THEY'VE LIMITED SIGN AREA OR, UM, WHEN THEY USE CERTAIN COLORS, THEY CAN ONLY USE A CERTAIN PERCENTAGE OF COLORS, LIKE FOR TRADEMARK OR, OR, UM, LOGOS.

UM, THEY'VE ALSO COUNTED SIGNAGE AS IF THEY COLOR THE BUILDING A CERTAIN WAY.

LIKE, UM, FOR EXAMPLE, SEVEN 11, I'LL THROW THEM AS A, AS A PRIME EXAMPLE.

THEY HAVE THE GREEN, YELLOW, RED.

I THINK THAT'S THE COLOR SCHEME OF THEIR, OF THEIR STRIPING GREEN, RED, AND YELLOW MAYBE.

UM, AND WHITE I THINK ISN'T THERE.

UM, BUT SOME CITIES WILL COUNT THAT WHEN THEY PUT ON THE BUILDING ITSELF, WHEN THEY PUT THAT AROUND THE BUILDING OR ON THE GAS CANOPIES, THEY'LL ACTUALLY COUNT THAT TOWARDS THEIR OVERALL SIGNAGE.

AND SO THE DIFFERENCE CITIES VARY HOW THEY, WHAT THEY COUNT SIGNAGE.

BUT IN OUR ORDINANCE WE DON'T REALLY COUNT MOST COLORS.

OKAY.

WE LIKE WHEN IF THEY PAINT THE WHOLE STRUCTURE, CERTAIN COLOR, WE GENERALLY DON'T COUNT THAT TOWARDS IT.

OKAY.

THANK YOU.

ANY MORE QUESTIONS FOR STAFF? THANK YOU VERY MUCH.

TRENTON, IS THE APPLICANT HERE? YES.

WHY DON'T YOU COME UP AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? SURE.

I, UH, MY NAME IS JAMES WISEMAN.

I'M, UH, UH, AND MY ADDRESS IS 2 2 1 4, UH, COSTA DEL SOUL, WESTLAKE, TEXAS.

I'M, UH, PARTNERED WITH MR. JOE RUST HERE AND, AND JEREMY'S OUR PROFESSIONAL ENGINEER.

SO, UH, WOULD YOU LIKE ME TO GIVE A STATEMENT OR DO YOU WANT TO ASK A QUESTION? NOPE.

HOWEVER YOU'D LIKE.

I GIVE A STATEMENT.

SO THERE ARE A COUPLE THINGS THAT I WANTED TO BASICALLY SAY ABOUT, UM, AS WE TALKED ABOUT THE CITY COUNCIL MEETING, I THINK THAT WE DID NOT A GOOD, DO A GOOD JOB.

AND YOU CAN TELL THAT WE DID NOT DO A VERY GOOD JOB BECAUSE THEY WERE WRONG FOOTED.

THEY SHOULD HAVE HAD THE, THE TIME TO UNDERSTAND THAT.

AND THAT'S, THAT'S PART OF THE REASON WE'RE SITTING HERE RIGHT NOW, SO THAT WE CAN WAIT AND REMEDIATE AND DO THIS AGAIN AND DO IT THE RIGHT WAY.

BECAUSE I THINK THERE WAS CONFUSION THERE AND THAT WAS PRINCIPALLY MY NOT BEING PRESENT AT THAT MEETING.

SO THE, THE MAIN THING THAT I WOULD WANT TO STRESS, YOU KNOW, I'M, I'M GOING TO LEAVE SOME OF THE TECHNICAL ASPECTS TO TO TO CHRIS AND JEREMY, BUT THE MAIN THING IS THAT THE NATURE OF THE COMMERCIAL GLAZING DESIGNATION AS A WHOLE ACKNOWLEDGE THAT STRUCTURE.

THEN THE SEGMENT YOU NEED TO SORT OF SEGMENT, IN MY OPINION, THE DIFFERENCES BETWEEN THE NATURE OF THE USES AND WHAT THE FUTURE USES MIGHT DO.

SO THERE'S A, THERE'S A DAYCARE IN ROCKWALL, WHICH WE'RE REPURPOSING.

THIS IS AN EXISTING BUILDING.

GUESS WHAT IT'S GONNA BE? IT WAS DAYCARE.

IT'S NOW GOING TO BE DAYCARE.

SO IT'S USUALLY GOING TO BE MEDICAL OR REPURPOSING BECAUSE THE NATURE AND SHAPE OF THAT BUILDING IS NOT CONSISTENT WITH A, THE PERPENDICULAR, BUT B THE NATURE OF HOW IT'S LAID OUT.

SO THAT'S SU SUPER IMPORTANT TO UNDERSTAND.

SO THE GLAZING CONSISTENCY WOULD BE CONSISTENT WITH USES THAT WOULD BE CONSISTENT WITH A FUTURE USER, WHICH WOULD PROBABLY BE OFFICE, FUTURE DAYCARE OR SOME SORT OF AMBULATORY MEDICAL, ALL OF WHICH ARE MORE CONSISTENT WITH A LOWER GLAZING DYNAMIC VERSUS FOR A, A VARIETY OF REASONS.

BUT I'LL GIVE YOU THOSE, WHICH IS, THERE ARE BASICALLY FOUR THINGS THAT ARE GOING ON IN THAT BUILDING, RIGHT? YOU HAVE CLASSROOM LAYOUT.

SO WHAT HAPPENS IN THE CLASSROOM,

[00:15:01]

THAT'S NUMBER ONE.

SO THE MORE THAT YOU SHRINK AND YOU HAVE TO HAVE CROSS BRACING, IF YOU GO TO 30%, THE BUILDING GOES FROM BEING WOOD TO BEING METAL GOING TO BE METAL, WE'RE GONNA HAVE LESS SURFACE AREA FOR THE INTERIOR.

WE'RE ALSO GOING TO HAVE MORE HEAT NO MATTER HOW YOU, YOU SKIM WITH, UH, COVERING ON THE GLASS, WHICH WOULD BE CONSISTENT WITH RETAIL, BUT NOT NECESSARILY WITH WITH SAFETY FOR CHILDREN, RIGHT? THAT ALSO HEATS THE ROOM UP, RIGHT? SO YOU HAVE MORE STRESS ON THE LOAD, MORE ENERGY USE, REDUCING THE WALL SPACE FOR THE, FOR THE TEACHING OF THE CHILDREN OR FOR MEDICAL USES.

I DON'T THINK THAT IN AN AM AMBULATORY MEDICAL USE YOU, YOU'RE GONNA BE WANTING A LOT OF GLASS EITHER FOR OBVIOUS REASONS, SO THAT WE SHOULD FOCUS ON THAT.

SO THE PRIVACY AND SECURITY, WE WENT THROUGH THE ENERGY PERFORMANCE.

I WENT THROUGH THE CHILD SAFETY.

WE CAN TALK ABOUT WHETHER IT'S A GOOD IDEA TO HAVE MORE AND MORE GLASS AND THE CLASSROOM FUNCTION LAYOUT AS I TALKED ABOUT.

NOW WE CAN GET INTO THE, THE STRUCTURAL CODE.

I'LL HAVE, THIS IS A MEMO THAT JEREMY HAS PUT IN FRONT OF YOU, BUT THE OTHER POINT THAT I WANTED TO MAKE, AND THESE ARE SORT OF AT A, AT A HIGHER LEVEL, UM, I WANNA MAKE ONE POINT ABOUT THE COLORS, WHICH I'M NOT ATTACKING THE COLOR POINT AT ALL.

BUT I THINK ONE OF THE THINGS IS, IF YOU THINK ABOUT CHILDREN'S TOYS, THEY'RE COLORFUL.

THAT SIGN IS FOR THE CHILDREN AND THEIR PARENTS.

AND IF YOU THINK ABOUT MONOCHROMATIC, YOU DON'T SEE A LOT OF MONOCHROMATIC CHILDREN'S TOYS AND THAT'S WHY THAT SIGN LOOKS LIKE THAT.

UM, THERE ARE FOUR PRECEDENTS THAT I'D LIKE YOU TO TURN YOUR ATTENTION TO.

UM, I'LL NAME 'EM OUT FOR THE RECORD.

ZDC 1 3 7 2 0 2 OH SP 1 0 6 2 0 2 4 ZDC 1 7 3 221 AND ZDC 1 9 5 202 4.

THE MOST IMPORTANT ONE IS THE CLEAR SKY REHABILITATION HOSPITAL, WHICH HAS A UNIFORM 20% GLAZING REQUIREMENT, REHAB, SAME SAFETY, SAME SECURITY, SAME TYPE OF AMBULATORY USE THAT WOULD BE CONSISTENT WITH THIS.

THAT IS ACTUALLY PART OF THIS BUFFALO CREEK PRECEDENT AREA.

AND I WOULD, I WOULD ASK YOU TO TAKE A LOOK AT THE, YOU CAN'T SEE IT HERE, BUT IF YOU TAKE A LOOK AT THAT, THAT FACILITY WHICH WAS RECENTLY APPROVED WITH SIMILAR GLAZING, IT HAS A CONSISTENT LOOK TO WHAT WE'RE TALKING ABOUT HERE.

SO AS OPPOSED TO ARGUING ABOUT PERCENTAGES, I WANT YOU TO LOOK AT THE ARCHITECTURAL DYNAMIC AS A WHOLE AND WHAT THE, AND WHAT THE GLAZING IS AND WHAT IT'S FOR.

AND IF YOU, IF YOU TAKE A LOOK AT THAT AND THOSE PRECEDENTS, I THINK YOU'LL FIND THAT THERE ARE DEVIATIONS FOR SIMILAR USES THAT HAVE BEEN APPROVED AND ARE BUILT AND ARE ON SITE.

AND ALL WE WOULD ASK IS THAT YOU CONSIDER THOSE PRECEDENTS WHEN, AND EVERYTHING I'VE SAID WHEN YOU MAKE THIS DECISION, BECAUSE WE DON'T THINK IT'S A RETAIL BUILDING, IT'S LIKELY NOT TO BE A RETAIL BUILDING.

AND IF IT GETS REPURPOSED, IT'LL PROBABLY BE FOR AMBULATORY MEDICAL OFFICE OR SOME SORT OF REHAB CENTER.

SO I JUST WANT YOU TO KEEP THAT IN MIND BECAUSE THE, THEY'LL GO THROUGH IT.

BUT THE COST CONSIDERATIONS AND THE CHANGE OF THE NATURE OF THE BUILDING, WE'LL ACTUALLY MAKE IT MORE EXPENSIVE AND WORSE FOR THE KIDS.

AND I DON'T WANNA DO THAT AND PROBABLY LESS SAFE.

JEREMY, CAN I ASK YOU ONE QUESTION? YEAH, SORRY.

NO, THAT'S OKAY.

UM, ARE YOU, WHAT, ARE YOU FINISHING OUT THE OTHER HALF OF THE BUILDING OR ARE YOU WAITING TO GET A TENANT COMMITTED BEFORE YOU FINISH IT OUT? DOES THAT MAKE SENSE? OH, THE WHOLE BUILDING IS THE DAYCARE IS THE WHOLE, IT'S THE WHOLE BUILDING.

IT DOESN'T HAVE A, IT DOESN'T HAVE A SECOND SUITE.

I'M SO SORRY.

SO NOT AT ALL THE MONUMENT SIGN.

AND YOU MIGHT BE GETTING THAT FROM THE MONUMENT SIGN.

I AM.

THAT'S EXACTLY WHERE THE MONUMENT SIGN.

SO CAN I ADDRESS THAT THOUGH? I WOULD LOVE TO ADDRESS THAT.

SO AS PART OF THIS PLANNING, UH, STAFF DID SAY THAT WE COULDN'T COME IN OFF BROWN.

SO WE WERE ASKED TO PUT OUR PARKING IN THAT LOCATION AND THAT'S THE ENTRANCE WHICH NECESSITATED THE MONUMENT IN THE FIRST PLACE.

AND BECAUSE OF THE ORIENTATION THAT WAS REQUESTED OF THE BUILDING AND HOW WE DID IT AND THAT ENTRY POINT, IT NECESSITATED THAT SIGN.

AND THAT'S WHY WE HAD TO ASK FOR THESE DEVIATIONS ON THE SIGNAGE.

BOTH ON THE BUILDING AND IN THE ENTRANCE.

YEAH.

OKAY.

THAT'S WHAT THREW ME OFF IS THE TWO SPOTS.

BUT THAT'S FOR THE BUILDING NEXT DOOR.

WHEN IT COMES TO FRUITION, IT WOULD BE FOR THE OTHER LOT.

OKAY.

CORRECT.

YEAH.

SO YOU PUT A BOX AND ONE OF 'EM IS EMPTY.

PERFECT.

I APOLOGIZE.

NOT AT ALL.

NOT AT ALL.

I WANTED TO MAKE SURE I UNDERSTOOD.

AND THEN JUST FOR FUN, SO I DON'T HAVE TO LOOK UP THE NUMBERS, DO THE OTHER THREE BUSINESSES BESIDES CLEAR SKY.

OH RIGHT, I'M SORRY.

YOU JUST HAPPEN TO KNOW THE NAME.

YEAH.

SO YOU HAD ONE IS A LITTLE BIT EASIER 'CAUSE THAT ONE HAD SORT OF A STRANGE ONE.

BUT, BUT IT'S SO THE O'REILLY'S LOTS OF GLASS ON FRONT.

SURE.

AND THEN NOT MUCH AT ALL ON THE OTHER THREE SIDES.

UH, BAYLOR SCOTT AND WHITE.

RIGHT.

UM, THAT'S A STRONG ANALOGY YOU SHOULD TAKE A LOOK AT THAT.

WENT THROUGH P AND Z AND COUNCIL FIVE TO NOTHING VERY SIMILAR CHARACTERISTICS.

THE CLEAR, CLEAR SKY REHABILITATION AND CROSSROADS 2 87, THOSE ARE THE FOUR.

AND WE CAN PROVIDE ALL THIS.

SO, BUT THE CROSSROADS 2 87, THAT'S A PD, NOT AN SUP.

FAIR ENOUGH.

YOU'RE COMPARING AN SP TO A PD, WHICH IS DIFFERENT.

A PD CREATES THEIR OWN REGULATIONS.

FAIR ENOUGH.

[00:20:01]

UM, AND IF THAT'S THE DIRECTION THAT'S PROBABLY LIKE TO GO, WE'RE MORE THAN HAPPY TO GO THROUGH THE PD ROUTE.

UM, THAT IS CONSISTENT WITH OTHER PDS WHERE THEY WILL DESIGN THEIR OWN ARCHITECTURAL, THEY WILL USE LESS GLAZING, BUT THEY'RE, UH, USUALLY SUPPLEMENTING WITH OTHER DIFFERENT ARCHITECTURAL FEATURES TO ENHANCE THE STRUCTURE OR ENHANCE THE SITE THROUGH SITE DESIGN.

OTHER THINGS, UH, FOR THE NATURE OF THE PD.

SO THOSE ARE OPTIONS WHERE WE COULD GO BACK AND REDO.

I THINK THE KEY POINT TO YOUR POINT ON THAT THOUGH, IS THE NATURE OF THE SIZE OF THIS DEVELOPMENT VERSUS THE OTHERS WOULD THAT, THAT COST OF DOING THAT WOULD OVERWHELM IT.

EVEN THOUGH WE DO HAVE OTHER THINGS THAT WE WANNA DO WITH THE REST OF JOE'S LAND DOWN, DOWN WITH THE REST OF THIS PARCEL.

'CAUSE WE'D LIKE TO DO MORE OF THIS.

AND I DEFINITELY WANT TO HAVE A NOT MORE MEDICAL, NOT NOT MORE AMBUL UH, CHILDCARE, BUT MORE DEVELOPMENT, MORE TAX BASE, ET CETERA.

WE JUST GOTTA MAKE SURE THAT WE'RE ABLE TO KINDA MAKE IT WORK.

SO ON THE ENTRANCE TO BROWN STREET, I'M JUST ASSUMING BASED ON WHAT WE'VE DONE IN THE PAST, TRENTON, THAT'S, THAT'S BECAUSE OF LIKE PICKUP LINES.

SO THERE, THERE'S PROBABLY A VARIETY OF REASONS WHY, UH, THEY'RE DIRECTED AWAY FROM BROWN STREET IS DRIVEWAY DISTANCING OF DRIVEWAYS, UM, HOW CLOSE THEY ARE, HOW MANY THERE ARE ALONG, UH, BROWN STREET.

UM, IF YOU'VE EVER, I MEAN IF YOU'VE BEEN OUT TO BROWN STREET LATELY, IT'S, IT'S DIFFICULT TO GET OUT ON BROWN STREET.

MM-HMM .

THE SAFER OPTION WAS TO GO THROUGH INDIAN DRIVE ACCORDING TO WHAT ENGINEERING STAFF DETERMINED AND ACCORDING TO EVERYTHING THAT THEY WERE SEEING.

SO, UM, UNFORTUNATELY WE DON'T HAVE ENGINEERING WITH US TODAY, BUT THAT'S WHAT I WOULD ASSUME.

SOME OF THE REASONS WHY IS DRIVEWAY SPACING, ET CETERA, TO MAKE IT WORK AND NOT A COMPLAINT.

IT'S, I TOTALLY, I I'M ON BOARD WITH EVERYTHING THAT HE SAID AND FAIR ENOUGH.

BUT THEN IT JUST, IT'S A SECOND ORDER EFFECT OF WHAT A CAU WHAT WAS DETERMINED CAUSATION OF THE SIGN.

GOT IT.

THANK YOU.

ANY MORE QUESTIONS FOR THE APPLICANT? I'M HAVING A GOOD TIME.

YOU GOT ANYTHING ELSE? COME ON, .

ALRIGHT, THANK YOU.

WOULD YOU LIKE TO COME UP SPEAK? WHY DON'T YOU COME ON UP.

GIVE US YOUR NAME AND ADDRESS FOR THE RECORD PLEASE.

UH, MY HOME ADDRESS YOUR NAME.

YOU CAN GIVE US A BUSINESS, YOUR BUSINESS ADDRESS IS FINE.

YEAH.

UM, SAME ADDRESS AS JAMIE MENTIONED.

MY NAME IS CHRIS R UM, I WORK WITH JAMIE, JOE AND JEREMY.

I AM BASICALLY THE DAY-TO-DAY PROJECT MANAGER.

I HAVE A BACKGROUND IN ENGINEERING AND ARCHITECTURE AND I MANAGE BASICALLY EVERYTHING FROM THE ENTITLEMENTS THROUGH THE DESIGN, THROUGH THE CONSTRUCTION OCCUPANCY.

SO, UM, I'VE BEEN KIND OF SITTING BACK THERE 'CAUSE I HAVE A LOT OF HISTORY ON THIS PROJECT.

I'VE BEEN WORKING ON IT, UM, FOR OVER A YEAR AND WE'VE BEEN GOING BACK AND FORTH WITH, WITH TRENTON AND ON, UM, AT P AND Z.

AND IT'S BEEN, UM, THEY'VE BEEN VERY, VERY GREAT TO WORK WITH AND WE'VE BEEN VERY ACCOMMODATING AND WE'VE KIND OF COME TO A POINT WHERE THERE'S JUST A, UM, THERE'S REQUIREMENTS FOR THE DAYCARE FOR THIS NATIONAL DAYCARE BRAND AND THEY'RE JUST KIND OF CLASHING AND THERE'S JUST THESE LAST ITEMS THAT I THINK WE CAN CLEAR UP PRETTY QUICKLY.

UM, BUT I THINK IT MIGHT BE EASY TO GO 'CAUSE THERE'S, THERE'S THREE ITEMS, RIGHT? TR IF YOU WANT TO GO BACK, JUST, AND THIS WAS, I WATCHED THE TRANSCRIPT OF THE CITY COUNCIL MEETING AND IT WAS A LITTLE BIT CONFUSING 'CAUSE THERE ARE THREE THINGS TO DISCUSS AND I THINK WE COULD PROBABLY TALK ABOUT THE UNIFIED LOT SIGN FIRST.

UM, AND TRENTON, IF YOU COULD PUT UP THAT SITE PLAN AGAIN.

AND THIS IS SORT OF, WE JUST TALKED ABOUT IT, BUT REITERATE IT.

IS THAT THE ORIGINAL? YEAH, THAT SITE PLAN THERE, THE ORIGINAL SITE PLAN, UM, WHEN WE LOOKED AT IT WOULD NATURALLY HAVE THE DRIVE COMING OFF OF BROWN STREET, THE MAIN ROAD, UM, PARKING IN THE FRONT, THE DAYCARE, AND THEN THE PLAYGROUND IN THE REAR OF THE BUILDING.

AND THAT'S ALL, THIS IS A NATIONAL DAYCARE BRAND.

THERE'S 400 PLUS DAYCARES, UH, TLE IN THE, IN THE COUNTRY.

UM, AND THEY, THEY COME ONLINE, I THINK PROBABLY 50 TO A HUNDRED A YEAR.

SO THEY DO A LOT OF THESE.

UM, AND THAT'S, AND THAT'S WHY IT'S SET UP THAT WAY.

SO YOU'VE GOT A BUFFER BETWEEN THE MAIN ROAD PARKING, BUILDING AND, AND PLAYGROUND.

BUT WHAT HAPPENED HERE IS, AND THIS IS VERY EARLY ON, SO ALMOST A YEAR AGO, THE DOT SAID THAT THE TRAFFIC COUNT WAS, WAS TOO MUCH ON BROWN STREET, THAT THEY COULDN'T HAVE ANOTHER CURB CUT.

SO BASICALLY THAT'S THE REASON I THINK I'M JUST REITERATING THAT THE ENTRANCE HAD TO BE OFF OF INDIAN DRIVE.

SO NOW TO GET TO THE DAYCARE, YOU HAVE TO TURN ON INDIAN DRIVE AND THEN COME BACK DOWN.

UM, AND OBVIOUSLY IF YOU'RE GOING TO THE DAYCARE, YOU NEED TO HAVE A SIGN TO SEE WHERE IT IS, RIGHT? SO THAT'S THE REASON FOR THE MONUMENT SIGN.

AND, UM, ANOTHER THING I'D LIKE TO ADD IS THAT

[00:25:01]

SO THAT'S A FIRE LANE WITH A TH A FULL TURNING RADIUS, UM, WHICH EATS INTO THE SQUARE FOOTAGE OF, OF THE PROPERTY.

SO, UM, THAT WAS THE MAIN SITE LAYOUT ITEMS. DOES THAT MAKE SENSE IN TERMS OF WHY WE NEED THE, THE LOT SIGN? YES.

OKAY.

AND THEN AS, AS YOU CAN SEE IN THE OTHER GRAPHIC THERE, THERE'S A A, THERE'S A SPACE FOR ANOTHER SIGN FOR THE LOT ABOVE IT.

OKAY.

UM, THE SECOND IS, ORIGINALLY IT WAS A VARIANCE ON THE SQUARE FOOTAGE OF ALLOWABLE SIGNAGE.

AND TRENTON, IF YOU GO TO THE ELEVATION, THE COLORED ELEVATION, I, IT'S NOT IN HERE, IT'S IN THE PACKET THOUGH.

IF YOU LOOK IN YOUR PACKET, IT'S IN, IT'S IN THE, THE PACKET.

IT'S THIS, THIS PACKET HERE.

IT'S JUST THE ONE PAGER.

NO.

UM, SO THE EAST ELEVATION IS THE TOP ONE THAT'S THE FRONT OF THE BUILDING.

IT'S, YOU'RE ACTUALLY LOOKING THIS WAY.

UM, THIS, SO THE, THE ORDINANCE IS THAT YOU HAVE A TOTAL, TOTAL SIGNAGE OF 250 SQUARE FEET.

UM, THE BRAND STANDARD FOR THE LEARNING EXPERIENCE, UH, WAS GREATER THAN THAT.

AND THERE WAS ALSO SOME ELEMENTS ON THESE, THESE COLUMNS HERE THAT HAD SORT OF LIKE THEIR TRADEMARK KIND OF LOGO.

UM, AND SO WE'VE GONE BACK, AND THIS WAS AFTER THE CITY COUNCIL MEETING, WE'VE RE REDUCED THE SIGNAGE ON THE EAST ELEVATION, ELIMINATED THE COLUMN SIGNAGE ON THE EAST ELEVATION AND REDUCED THE WEST ELEVATION.

SO THE TOTAL OF EACH TWO OF THESE SIGNS IS 115 SQUARE FEET.

SO THE TOTAL SQUARE FOOTAGE OF THE SIGNS PROPOSED TODAY IS 230 SQUARE FEET.

SO THAT'S UNDER THE 250 SQUARE FEET.

UM, AND IT'S KIND OF SMALL ON HERE, BUT IT DOES, WELL, I DUNNO IF IT'S ON THAT PAGE.

IT'S ON THE, IT'S ON THE PAGE WITH THE SIGN.

IT SHOWS HOW THE ARCHITECT CALCULATED THE SIGNS.

YES.

SEE THERE'S THIS ONE HERE.

IT'S GOT, IT'S GOT THE, UM, THE SIGN HERE AND IT GIVES YOU THE LENGTH.

UM, AND, AND THIS, THE SQUARE FOOTAGE OF EACH.

SO, UM, THE SECOND VARIANCE REALLY, UM, WE WERE HOPING THAT IT WOULD NOT BE ON THE DOCKET TONIGHT.

'CAUSE IT, IT DOES IN FACT COMPLY NOW.

UM, AND SOMETHING I, I DO WANT ITERATE STAFF.

IT'S FINE WITH ALL THE SIGNAGE.

WE HAVEN'T HAD ISSUES WITH WHAT THEY'RE PROPOSING IN THIS.

UM, IT'S THE GLAZING IS THE MAIN ISSUE.

SURE.

SO YEAH, THAT'S BEEN KIND OF THE STICKING POINT.

AND I THINK, YOU KNOW, JAMIE DID A GOOD, UM, UH, DESCRIPTION OF, OF WHY THE, THE, THE SIGN OR THE GLAZING SHOULD BE, UM, 20% AVERAGE.

UM, SO THIS, THE ELEVATION, AGAIN, THIS IS, THIS IS HOW OUR ARCHITECT WHO'S, WHO'S DONE THESE BUILDINGS, UM, HUNDREDS OF TIMES OVER, THIS IS HOW THEY'VE CALCULATED 20% PLANTED AVERAGE.

WHAT, WHAT TRENTON SHOWED WAS HOW STAFF CALCULATED IT.

UM, AND IT'S DIFFERENT.

SO THIS, AGAIN, THIS IS HOW OUR ARCHITECT HAS CALCULATED 20%, WHICH IS ABOVE THE STANDARD FOR THE DAYCARE FACILITY NATIONWIDE.

UM, UM, SO I JUST WANTED TO, UH, PUT THAT OUT THERE.

UM, THIS, AND, AND JAMIE LISTED THE REASONS WHY THE 20%, UM, SHOULD BE ACCEPTABLE SAFETY REASONS, UM, THE HEAT TRANSFER, UM, ECONOMICAL REASONS AS WELL.

WHAT NATIONAL STANDARD ARE YOU REFERENCING? SO, UH, IN TERMS OF THE GLAZING PERCENTAGE? YEAH, THE ONE YOU JUST MENTIONED.

RIGHT.

SO WHEN, WHEN WE LOOK, WELL, WE LOOK AT TYPICALLY ARCHITECTURES LOOK AT FENESTRATION.

IT'S A, IT'S A TERM INSTEAD OF JUST THE GLASS.

THE GLAZING FENESTRATION IS LOOKING AT A FACADE.

AND THE OPENING OF IT, AND I WISH THIS WAS ON THE, UM, WAS ON THE SCREEN, YOU CAN SEE IT, BUT IT'S EVERY, IT'S THE FACADE AND IT'S EVERY OPENING.

SO IT WOULD BE THIS OPENING INCLUDING THE DOOR DOOR, THIS WHOLE FRAMED OPENING.

UM, SO IT'S, IT'S ALL OF THE OPENINGS, UM, FENESTRATIONS

[00:30:01]

UM, THE ORDINANCE IN THE CITY OF WAAH HASHI'S ORDINANCE IS, IS A LITTLE BIT VAGUE.

IT DOESN'T TELL YOU EXACTLY HOW TO CALCULATE.

SO THE ORDINANCE DICTATES THAT WE MEASURE THE ELEVATION.

THAT'S WHAT OUR ORDINANCE REGULATES PERTAINING TO GLAZING.

UM, THAT EACH SIDE, EACH ELEVATION SHALL HAVE A MINIMUM OF 30% GLAZING MEASURED BASED OFF THE ELEVATION.

SO WE WOULD MEASURE THE ENTIRE ELEVATION.

YEAH.

AND SO THAT'S A GOOD POINT TOO.

SO THERE IS A ROOF LINE AND YOU CAN SEE IS THE DASH LINE.

AND THEN THERE'S A PARAPET TO HIDE ALL THE MECHANICAL EQUIPMENT THAT GOES ON THE ROOF.

AND THAT'S PART OF THE CALCULATION.

AGAIN, OUR ARCHITECT, UM, DID NOT TAKE THAT INTO A AS THE DENOMINATOR BECAUSE IT'S REALLY NOT PART OF THE, THE BUILDING FACADE.

IT'S, IT'S, IT'S THE PARAPET.

RIGHT.

SO WHAT YOU CALCULATED IS THE OPENINGS DIVIDED BY THE SQUARE FOOTAGE TO THE ROOF LINE.

SO THERE'S TWO DIFFERENT THINGS THOUGH.

UM, OUR ELEVATION WOULD INCLUDE THAT THAT'S HOW WE'VE DEFINED ELEVATION.

UM, AND HE'S BASICALLY TALKING ABOUT A PARA EVERYTHING MINUS THE PARA FOOT, WHICH IS THE FACADE.

AND THAT'S HOW THEY BASICALLY MEASURE IT IN THE DOORWAY.

SO THERE'S TWO DIFFERENT WAYS THAT WE'RE MEASURED.

UM, I I UNDERSTAND WHY THEY MEASURE THE WAY THEY DO.

UM, JUST HOW OUR CODE IS WRITTEN.

THAT'S WHY WE DO THE ELEVATION.

IT DOES INCLUDE THAT PARA THAT HE'S TALKING.

CAN I ASK A QUESTION? SO IF YOU DO THE CALCULATION THAT WAY, IF WE COULD HAVE YOU COME OUT TO THE MICROPHONE SO I CAN BE ON RECORD.

OH YEAH.

SO THE QUESTION IS I GUESS TO YOUR POINT ABOUT THE, AND I DON'T WANNA LITIGATE THIS TOO MUCH.

OKAY.

TO BE HONEST, SORRY.

I AM AN ATTORNEY.

I SHOULD ADMIT THAT.

UM, SO THE, THE, THE QUESTION IS THAT YOU HAVE A, BY THAT CALCULATION, YOU HAVE AN INCENTIVE TO HAVE LESS OF AN INTERESTING, UH, FACADE BECAUSE WHEN YOU DRIVE HAVE AN ATTRACTIVE PARAPET TO HIDE MECHANICALS, YOU TAKE YOUR DENOMINATOR UP AND MAKE YOU PUT EVEN MORE GLASS IN.

SO IT'S LIKE REINFORCING A CALCULATION THAT SORT OF DIDN'T ACHIEVE SOMETHING THAT WASN'T MAYBE INTENDED.

YEAH.

ANYWAY, THAT'S THE ONLY POINT I MEANT TO MAKE.

YOU'RE RIGHT.

I MEAN, IF, IF YOU TOOK OKAY , YOU, YOU WOULDN'T WANT, YOU WOULDN'T WANNA, YOU WOULD, YOU WOULD WANT THIS PARAPET DRIVING BY.

YOU DON'T WANT TO SEE IN THE MECHANICAL EQUIPMENT ON AND THE PARA'S REQUIRED BY CODE AS WELL.

NO, OF COURSE IT IS YOU, RIGHT? YEAH.

SO, AND WE'VE, AND I'VE DONE MULTIPLE OF THESE BUILDINGS AND UM, YEAH, IT'S A NATIONAL BRAND AND IT'S BEEN SUCCESSFUL THROUGHOUT AND THEY, THEY KEEP GROWING.

SO I THINK IT'D BE A GREAT ADDITION TO ACCENTURE.

THAT'S THEIR BRAND.

THAT'S THEIR BRAND'S NATIONAL STANDARD.

THAT'S GOOD.

YES.

THAT'S GOOD.

COME ON.

SO I HAVE, I HAVE SOME THOUGHTS.

OKAY.

THAT I NO, NO, YOU'RE GOOD.

YOU'RE GOOD.

THAT I WOULD JUST LIKE TO SHARE WITH THE GROUP.

UM, WHEN I THINK ABOUT DAYCARE FACILITIES IN WAXAHATCHEE, AND I'M SURE I'M LEAVING SOME OUT, BUT I FEEL LIKE WE HAVE VERY FEW NEW BUILD DAYCARE FACILITIES.

I CAN THINK OF THREE OFF THE TOP OF MY HEAD THAT ARE IN FORMER CHURCH BUILDINGS.

UM, I CAN THINK OF SOME THAT ARE IN OLD HOMES, BUT I CAN ONLY THINK OF ONE EVEN RELATIVELY RECENT NEW BUILD.

AND THAT'S PROBABLY 15 TO 17 YEARS OLD.

SO I THINK THAT MY CONCERN HERE IS THAT IT SOUNDS LIKE WE'RE MAKING EXCEPTIONS FOR MEDICAL FACILITIES BECAUSE OF PRIVACY ISSUES, BUT OUR STANDARDS DON'T TAKE INTO ACCOUNT THE SAME TYPE OF PRIVACY ISSUES THAT MAY COME UP WITH OTHER FACILITIES LIKE A CHILDCARE FACILITY.

UM, I WOULD LIKE TO SEE US CONSIDER HAVING SOME EXCEPTIONS ON THE RECORD FOR FACILITIES THAT NECESSITATE PRIVACY, UM, JUST BECAUSE OF THE NATURE OF THEIR BUSINESS.

UM, I, I'M A MOM AND I KNOW THAT WE NEED MORE DAYCARE FACILITIES IN THIS COMMUNITY.

I DON'T WANT US TO DISCOURAGE PEOPLE FROM INVESTING IN DAYCARE FACILITIES IN OUR COMMUNITY BECAUSE WE DON'T TAKE THOSE THINGS INTO CONSIDERATION.

UM, IF WE'RE DOING SOMETHING THAT IS NOT ONLY GONNA MAKE THE BUILDING COST MORE FOR THEM,

[00:35:02]

SO I PERSONALLY AM VERY INCLINED TO GO WITH THE PROPOSAL AS, AS THEY'VE GIVEN IT TO US FOR THOSE REASONS.

SO I SHARE YOUR SENTIMENTS TO ME FULLY, MY CONCERN IS HOW CAN WE ADVANCE THIS WITH WITHOUT LIKE THAT, 'CAUSE THAT'S STILL NOT GONNA BE IN COMPLIANCE WITH WHAT COUNCIL WANTS, OBVIOUSLY.

WELL, AND I, I THINK THAT MY FRIENDS ON COUNCIL, UM, I WOULD LOVE TO SEE THEM RECONSIDER BASED ON WHAT, WHAT I JUST SAID.

UM, BECAUSE I JUST FEEL LIKE IF WE'RE RUNNING PEOPLE OFF, BECAUSE WE HAVE A STANDARD THAT IS, THAT WE'RE NOT WILLING TO BE FLEXIBLE ON WHEN IT MAKES SENSE TO BE FLEXIBLE.

I, I DON'T WANT TO IMPEDE A GOOD AND NEEDED BUSINESS FROM COMING INTO OUR COMMUNITY BECAUSE WE REFUSE TO BE FLEXIBLE AND, AND USE OUR COMMON SENSE WHEN IT COMES TO WHAT THE USE OF THE BUILDING IS.

DID YOU HAVE A COMMENT? THAT'S MY 2 CENTS.

SO, UH, THESE PLANS THAT ARE IN FRONT OF US, DOES THIS RE REFLECT 20% GLAZING OR 30, LIKE WHAT IS SHOWN ON IT'S, IT DOESN'T REFLECT IF IT WAS RE I SENT AN EMAIL.

IF YOU DON'T HAVE 'EM, I JUST EMAILED 'EM TO YOU CAN, I WON'T ACCESS ON THIS COMPUTER.

YOU DON'T HAVE EMAIL ACCESS ON? NO, I DON'T.

I NEED TO LOG OUT AND LOG BACK IN, WHICH I'M MORE THAN HAPPY TO DO IF YOU'D LIKE ME.

BUT THESE, THIS, SO THAT IS, THAT'S REFLECTIVE OF THEIR REQUEST.

IT DOES NOT INCLUDE THE 30% GLAZING.

OKAY.

UM, FROM WHAT WE PULLED UP IN OUR INFORMATION, AS YOU CAN SEE IN FRONT OF US, UM, THE BUILDING ELEVATION IS WHAT STAFF CAME UP WITH OF HOW WE WOULD MEASURE IT.

AND THE BUILDING FACADE IS BASED OFF OF THE WAY THEY'RE DICTATING THEIR MEASUREMENTS.

UM, I DON'T THINK THIS WOULD INCLUDE SOME OF THE DOORS IN THERE.

SO THOSE NUMBERS MIGHT GO UP, BUT THE ELEVATION, THE GLAZING IS ON THEIR SITE PLAN AS WELL.

SHOWING THEIR TABLE OF THE AVERAGE IS ROUGH ACCORDING TO HOW THEY'RE CALCULATING, WHICH WE REALLY COULDN'T FIGURE OUT HOW THEY WERE CALCULATING IT.

'CAUSE BASED OFF OF FACADE.

I SEE.

AND OUR COMMUNICATIONS WITH THEIR ARCHITECT AND THE INFORMATION THEY PROVIDE, WE COULDN'T PULL UP THAT INFORMATION.

I DON'T KNOW IF THEY'RE USING CAD DRAWINGS AND WE'RE ABLE TO GET MORE NUMBERS OUT OF IT.

YEAH.

UM, WHICH WE WERE NOT PRIVY TO.

BUT MY MY POINT IN ASKING IS IT LOOKS LIKE BASED ON THESE DRAWINGS THAT ALL THESE WINDOWS ARE THE SAME SIZE.

IS THAT RIGHT? I DON'T THINK SO.

THAT'S, THEY LOOK LIKE THEY'RE ALL THE SAME ON HERE.

CAN WE GET ONE, SOMEONE TO COME TO THE, IF WE CAN PUT THE MEETING ON A PAUSE SO I CAN PULL UP MY EMAIL, LOG OUT, LOG BACK IN AND PULL UP MY EMAIL.

MORE THAN HAPPY TO DO THAT.

IT WILL JUST TAKE ME ABOUT 10 MINUTES.

WELL, WE'LL TAKE A, A BRIEF RECESSION IF YOU GUYS DON'T MIND.

OKAY.

THANK YOU SO MUCH.

ALRIGHT, WE'LL CALL THE MEETING BACK TO ORDER.

SO, SO, RYAN? YES.

SO MY, MY QUESTION IS, I MEAN IT OR STATEMENT I GUESS, AND THEN A QUESTION.

IT LOOKS LIKE BASED ON THESE DRAWINGS THAT THE, THE WINDOWS THAT ARE SHOWN ON HERE ACROSS ALL FOUR SIDES OF THE BUILDING LOOK TO BE THE SAME SIZE OR CLOSE TO THE SAME SIZE.

IS THAT A FAIR STATEMENT? OKAY.

AND IF WHAT Y'ALL SHOW ON HERE HAS AN AVERAGE OF 20%, AND I CAN SEE HOW YOU'RE GETTING THE AVERAGE HERE, UM, INCREASING THAT 10%, HOW MUCH DOES THAT ACTUALLY CHANGE THE SIZE OF THE WINDOWS? OBJECTION.

RIGHT.

SO AGAIN, THIS IS HOW OUR ARCHITECT, ARCHITECT CALCULATED THE 20%.

UM, IF IT WERE, AND IT'S A BLENDED AVERAGE OF ALL FOUR SIDES, THE ORDINANCE SAYS 30% ON EACH ELEVATION, STANDALONE ELEVATION.

IF IT WERE 30% ON EACH ELEVATION, IT WOULD BE A COMPLETE STOREFRONT OF WINDOWS ON ALL FOUR SIDES AND A 10% INCREASE.

SO LIKE ONE OF THE ELEVATIONS, THE EAST ELEVATION HAS 25%.

SO YOU'RE SAYING A 5% INCREASE WOULD MAKE IT A COMPLETE THE WAY THAT THEY'VE, THEY THEY'VE CALCULATED IT.

THAT DOESN'T SEEM RIGHT TO ME, BUT I, I MEAN IF THAT'S THE ANSWER, YOU, YOU WENT THIS WAY AND NO HIGHER CHRIS HORIZONTALLY IT GETS WIDER IS WHAT YOU'RE, IS WHAT? UM, THERE'S A CERTAIN THRESHOLD THAT, UM, THE BUILDING

[00:40:01]

IF THE O IF THE OPENINGS, THIS IS A WOOD STRUCTURE BUILDING.

UM, IF, IF THE OPENINGS GET BIGGER THAN THIS, RIGHT NOW, THIS IS AS MUCH AS IT CAN BE.

IT WOULD HAVE TO SWITCH TO A METAL BUILDING.

WE'D HAVE TO COMPLETELY REDESIGN IT.

HOW BIG ARE THE WINDOWS ARE? AND THE REASON IS BE, I'M SORRY, THERE, THERE, IT SEEMS LIKE A BIG TO SAY THAT A 5% INCREASE ON ONE OF THESE ELEVATIONS CAUSES IT TO BASICALLY LOOK LIKE THE FRONT OF AN O'REILLY'S, WHICH I THINK IS KIND OF THE, TO USE AN ANALOGY THAT WAS USED EARLIER, I I DON'T THINK THAT'S ACCURATE.

BUT IF, UH, I'LL REPHRASE THAT.

IF, IF IT WAS CALCULATED THE WAY THAT TRENTON SHOWED, INCLUDING THE PARAPET AND, AND CALCULATING IT BY THE WHOLE FACADE, THEN IT WOULD BE A FULL STOREFRONT.

THIS IS HOW OUR ARCHITECT CALCULATED IT.

UM, THEY ACTUALLY DID DO A STUDY OF IT AT 30%.

AND, AND I'LL TAKE THAT BACK.

IT'S NOT A COMPLETE STOREFRONT, BUT IT'S ENOUGH TO MAKE IT.

UM, SO THE, THE BUILDING HAS A SHEARER FORCE AND THE, THE FACADE, UM, IS WOOD.

AND IF IT WERE HAD BIGGER OPENINGS, IT WOULD NOT HAVE ENOUGH SHEAR FORCE.

SO IT WOULD HAVE TO BE, TO GET TECHNICAL, IT WOULD'VE TO HAVE, UM, MOMENT FRAMES IN BETWEEN.

AND SO IT WOULD HAVE TO BE A STEEL BUILDING.

SO BASICALLY THE ANALOGY I GUESS WOULD BE MORE LIKE SWISS CHEESE.

THERE'S SO MANY WINDOWS IN IT THAT IT WOULD HAVE TO, IT WOULD, UM, WE WOULD HAVE TO REDESIGN THE, THE WHOLE BUILDING.

AND TRENTON, CAN YOU ON THE, ON THE CALCULATION OF THE 30%, CAN YOU JUST CONFIRM LIKE, IS THAT 30% PER ELEVATION OR AN AVERAGE OF 30% ACROSS THE, OUR CODE DICTATES, UM, 30% OF EACH ELEVATION.

UM, AND THEN NO MORE THAN A COMBINED, I HAVE TO GO BACK AND LOOK.

THERE'S A OVERALL PERCENTAGE THAT IT CAN'T GO.

THEY DON'T HAVE TO GO OVER 70, 70, IT'S 70%, THE AVERAGE WOULD BE SEVEN.

SO IF YOU CALCULATE ALL OF IT TOGETHER AND WENT OVER THAT PERCENTAGE, SO THEY COULD SAY BELOW IT.

SO EACH ONE TECHNICALLY COULD BE LOWER, UH, PERCENTAGE IF THEY WERE EXCEEDING THAT OVERALL THRESHOLD.

OKAY.

I STILL DON'T FEEL LIKE MY QUESTION WAS ANSWERED, BUT I, I HEAR WHAT YOU'RE TELLING ME.

I'M LIKE, I HEAR WHAT YOU'RE SAYING, BUT I DON'T SEE HOW A 10% INCREASE DRAMATICALLY CHANGES LIKE THE WHOLE CONSTRUCTION OF THE BUILDING FROM WHAT'S SHOWN HERE.

IT JUST DOESN'T SEEM LIKE IT'S THAT BIG OF AN INCREASE.

IT, I MEAN I, MAYBE I'M JUST THINKING OF IT WRONG, BUT WE WE DID, WE DID DO THE, WE DID DO THE STUDY AND THE STRUCTURAL ENGINEER LOOKED AT IT.

AND THE, AND AGAIN, THE BEST ANALOGY I CAN GIVE IS LIKE A SWISS CHEESE.

LIKE IT OKAY.

UM, IT JUST, THE SHEER FORCE PREVENTS IT FROM GOING THIS WAY AND THAT WAY.

AND IF THERE'S TOO MANY HOLES IN IT, IT'S NOT GONNA SUPPORT IT AS A WOOD STRUCTURE.

AND IT HAS, IT WOULD HAVE TO BE REDESIGNED AS, UM, A METAL BUILDING.

OKAY.

THANK YOU.

YEAH.

ANY MORE QUESTIONS FOR THE APPLICANT? THANK YOU SO MUCH.

THIS IS A PUBLIC HEARING.

WE HAD ZERO PEOPLE.

OH, WOULD YOU LIKE TO? OH YES.

SPEAK ON IT.

YES SIR.

COME ON UP.

STATE YOUR NAME AND ADDRESS FOR THE RECORD.

YES.

UH, MY NAME IS JOE RUST.

UH, FOUR 40 GINGERBREAD LANES.

MY ADDRESS.

UH, I, I THINK WHAT I'M HEARING OR WHAT I'M SEEING IS THAT WE'RE, WE'RE NOT TALKING ABOUT A WHOLE LOT OF DIFFERENCE IN WHAT, WHAT WE'RE TRYING TO DO HERE.

AND ONE OF THE BIG THINGS I I SEE IS THAT THIS TYPE OF SERVICE THAT, THAT WILL BE PROVIDED, THIS DAYCARE SCHOOL IS GONNA BE VERY MUCH NEEDED.

WE HAVE THE, THE MERLE CREEK SITUATION DEVELOPMENT OUT JUST TO THE EAST OF THIS.

WE HAVE THE MENTAL THING, WHICH Y'ALL APPROVED BACK IN, IN FEBRUARY AND, AND NUMEROUS OTHERS PLUS THE APARTMENTS THAT HAVE BEEN APPROVED.

SO THERE'S GONNA BE A DIRE NEED FOR THIS TYPE OF, UH, SERVICE FOR CHILDCARE AND, AND SCHOOLING LIKE THIS.

AND, UH, HERE WE GOT A CHANCE TO BRING IN A VERY GOOD OPERATOR.

AND I JUST ASKED FOR YOUR APPROVAL.

THANK YOU.

THANK YOU SO MUCH.

THIS IS A PUBLIC HEARING AND WE HAD ZERO PEOPLE SIGN UP TO SPEAK FOR THE PUBLIC HEARING.

FOR THIS AGENDA ITEM.

THE PUBLIC HEARING IS NOW CLOSED.

THE CHAIR WILL

[6. Consider approval of ZDC-83-2026]

I MOVE TO RECOMMEND APPROVAL OF ZDC DASH 83 DASH 2026, A SPECIFIC USE PERMIT FOR A UNIFIED LOT SIGN AND ASSOCIATED DEVIATIONS FOR A CHILD DAYCARE CENTER.