I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. Yes. So, we'll call it to order our capital improvement advisory committee meeting from Monday, December the 2nd, 2024. First item on the agenda is approval of minutes. Commissioners will give you an opportunity to read those minutes and then we will ask for a motion. the chair. Chair make a motion to approve. Have a motion to approve by Vice Chairman Atkins. Second by commission Commissioner Moses. There are no questions. Please pass your votes. And motion carries 5-0 with one absent and one abstention. Next on agenda, citizen comments. Citizens wishing to address the commission on non-public hearing agenda items and items on the agenda. May do so at this time. Once the business portion of the meeting begins, only comments related to public hearings will be heard. All comments are limited to five minutes. In order to be recognized during the citizens comments or during a public hearing, applicants included. Please complete an appearance card located at the entry of the chambers and present it to the planning secretary. We have any cards for tonight. We have no cards for citizens comments. So we'll move on to our next agenda item, which is 24-6311. And ordinance, ordinance of the City of Mansfield, Texas, amenny, chapter 153 of the Mansfield Code of Ordinances by adopting amendments to roadway impact fees, providing that this ordinance is cumulative and for the repeal of all ordinances, conflict, providing a several ability clause and providing an effective date. Mr. Kaufman. Chairman, commissioners. I want to present to you tonight as part of the being the capital improvements advisory committee an impact fee schedule update that is being recommended. So up here we have a summary of the changes being proposed. Basically if you'll remember a couple of June and 2023 we finalized the adoption of the roadway impact fees and we adopted the council adopted 100% of the maximum allowable for all of the land use categories. And then this fall they wanted to revisit that fee schedule and we had some more details or they did on the economic development, looking at our policy about those uses that we encourage, being that retail and commercial and entertainment and office uses. And after looking through the categories, they selected 23 of these categories that they would want to modify the fees for. And that is perfectly acceptable. We can specify different percentages for different areas and not only that, but all of the different uses. So that's what they've elected to propose. So basically, like I said, we have right now the current fees that are adopted, they're all 100% of the maximum. And so in these categories, all the other categories will remain in a maximum, but these will be a percentage that I'll get to in just a moment. And then they basically put together, we've put together a schedule for three years for these fees to increase a percentage every year. So I'll, the next slide, and I think, yeah, I think this has all of the 23 categories that are being changed. And so these are all in the under the umbrella of commercial as far as the traffic impact, these are concerned and the ITEall and that's the list there. The current rates, like I said, are 100%. And then the 25, 26, 27 rates are listed there. And you can see some of them increased by 5% during the year. Some will move to 10%. And then the 27 rates, by that point, we will be ready to do the next five years study and basically Determine a new maximum a new 10 year capital plan and then we will come back to C IAC and counsel with a new proposed fee schedule at that time So this will just be these particular uses for the next three years. So give you a minute to look that over and I'll be happy to answer any questions that you might have. Commissioners, any questions for Mr. Kaufman? Mr. Loz Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. So in looking at that percentage, how much it went up every year? The first year, the last, the ones that go up 10% the first year, that second year is the one where it falls off to five because as you add that increase, it's getting very high. And so they took a very detailed look at what that actual number was. So these are the percentages that more or less shook out, but they were really looking based on that economic study that was done. They really looked at what they wanted these fees to be, and these are kind of the percentages that were kind of backed out of that, so to speak. So that's why you see such a varying amount of percentages. Other questions? I have an obvious question and that is, are there any concerns regarding the slowdown of the impact fees that will be collected during this time period? You mean by lowering these, there will be a lower income. Right. No, basically what they've looked at with their economic policy. I mean, first of all, we have the, we would over it, they have the neighborhood empowerment zones. And so that was meant to encourage particular areas that contain these uses. So that's obviously a city objective in the first place. But with these, the ones that have came forward for development, the developers that have proposed these projects, they've basically discussed with our EDC basically getting a 380 agreement to lower those fees. So in those cases, we do have the ability for the EDC to fund that impact fee and reimburse here to the street bond fund. But it's been decided that given the overall needs for the money, they would rather actually have that stay at the EDC and we would want to lower this and you're correct that any lowering of this means that that's just more that's borrowed from the street bond fund. But yes, I think all of that was looked at the balance of whether that money should come from the EDC and be going to the street bond fund or we just move it out of that. And that was what I was told was that that priority outweighed getting this into getting it into the street bond fund for the street construction. Okay, thank you, sir. There are no other questions. Call for a motion. I'd like to make a motion to approve. Have a motion to approve by Commissioner Godden. A second. Second by a Commissioner Walker. There are no further questions or discussion. Please cast your votes. That agenda item carries 6-0 with one absent. Thank you, sir. It's now 6.10 pm. We will call it to adjournment. Our capital improvement advisory committee meeting at 6.10 pm. Motion to adjourn. Motion to adjourn. Vice-Termin' Aksan. Second. Second by Commissioner Godden. Police cash evotes. Motion carries at 6-0 at 1-Apset. Thank you so much. We now call to order our Planning and Zoning Commission meeting for Monday, December 2nd, 2024 at 6.11 p.m. First agenda item as I invocation. Would please stand with us? Gracious Father, we thank you for another day, how we thank you for our life, our health and our strength. Lord, we thank you that you watched over us throughout the day and kept us safe from all hurt, harm, and danger. We pray that you will be with us in the midst of this meeting, Lord. Give us the wisdom that we need to be able to make decisions, Lord, that are not only right for the City of Mansfield, but decisions that are pleasing in your sight. To everyone that is a part of this board, we pray that you bless all who are in attendance, continue to be with us and keep us safe, and we thank you for your many, many blessings. In Jesus' name, we pray, amen. to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible with liberty and justice for all. Texas flag, honor the Texas flag, our pledge allegiance to thee, Texas, one state under God, one in indivisible. the next on our agenda is approval of our minutes. Approval of minutes from November 4th, 2024. We'll give you an opportunity to review those and then we will ask make a motion. I have a motion to approve by Commissioner Godden. I'd like to approve the minutes from November 4th, 2024. Okay. Motion by Commissioner Godden. Do we have a second? Second. Second by Vice-Terman Axon. No further questions or discussion. Please cast your votes. I'm going to go ahead and move on to the next item. That item carries 5-0 with one abstention and one absent. Next on agenda, citizen comments. Citizens wishing to address the commission on non-public hearing agenda items and items on agenda may do so at this time. Once the business portion of the meeting begins, only comments related to public hearings will be heard. All comments are limited to five minutes in order to be recognized during the citizens comments or during a public hearing. Applicants included, please complete a blue appearance card located at the entry to the chambers and presented to the planning secretary. Ms. Clarissa, do we have any cards? We have no cards for citizen comments. We'll move to our next agenda item, which is our public hearings. 24-6 is 302. Public hearing to consider proposed amendments of Title 15 of the Mansfield, Texas Code of Ordnances. In title, land usage amendments of Chapter 155 of the Mansfield Code of Ordnances to the regulations in section 155.099 to revise subsections B, 40, C, 2, and B, 40, C7 related to donation boxes. Providing for the repeal of all ordinances and conflict, providing for a severability clause, providing a savings clause, providing a penalty of fine not to exceed the sum of $2,000 for each offense and providing for an effective date on its amendment number 24-009. Mr. Rodriguez. All right. Thank you, planning and zoning commission. I'm going to take a little moment just to go over sort of where OAs come from. I talked a little bit about this over dinner and I just wanna make sure, sometimes it's good for us to have these kinds of conversations because it was discussed, who's the applicant in these types of instances. A lot of times when your ordinance has some items within it that need some change, whether that change comes from issues we're seeing with the ordinance, whether we see that change comes from issues we're seeing with the ordinance, whether we see that change coming from a change in council direction, what will come before the board is an OA or an ordinance amendment. So this is actually amending our zoning ordinance. This is different than an SUP or a ZC that would come in, so you would see that same first couple of letters there on the case number would say ZC or SUP, a ZC would of course be a zoning change. In most cases that's an applicant asking for a change of zoning on a piece of property they own. Sometimes the city is taking apart in that rezoning as well. And then SUPs are of course those special uses that require special consideration. So I just want to provide that just before we got started today just so that we understand where OAs come from. So this is some ordinance language that we currently have within our, within Chapter 155 of the ordinance, specifically in 15099, subsection B, 40 deals with donation bins, C2 and 7 are the items that we're looking at today. So item two, which is being changed from a distance of 500 linear feet to 300 linear feet. As a city, we feel that that provides us with a distance from 287 and from 360. So this would essentially mean that donation boxes would have to be at least 300 feet away from those two highways that run through Mansfield. This 300 linear feet puts it in line with other distance requirements that we have. Like our freeway overlay specifically says that everything within 300 feet follows different rules. And so we wanted to just make sure to have some consistency there. So this takes it down from 500 linear feet to 300 linear feet. And then finally, we do believe that there was some confusion about what our ordinance said about advertisements on donation boxes. So we wanted to be pretty specific here to talk about that advertisement area. And specifically, we want to make sure that each donation box has the contact name and telephone number of the operator of the donation box. That way if any of the property owners see that there needs to be some work done on that box, they can let that operator know. But more specifically, we made sure to tighten the language on signage to say that signs can be placed on there, as long as there are no greater than two square feet in area, and that there shall only be one sign permitted on each side of the donation box. So again, very straightforward amendments to our ordinance language. I'm available for any questions, but the Department of Planning and Development Services does recommend approval of the text amendments as presented. Thank you, Mr. Rodriguez. Quick question for you. Those boxes that are currently out there, where they have to move up to this ordinance, or will they be grandfathered in based on what they are today? So all boxes that exist today have gone through some sort of vetting process, but that process would require them to come in and get a new Certificate that said that they were in compliance. So yes, all old boxes as well would have to adhere to the ordinance language Okay, great. Thank you. Oh the questions from mr. Rodriguez So the two-by-two-foot by two-foot area that can only display the operator's name and contact information or it could be advertisement of any site has kind. As long as it's associated with the box, I think the confusion that we were experiencing is we felt that we didn't want language on there that allowed somebody to advertise for a third party on a box. Now it does not allow for that. It essentially is saying that the signage must be associated with the operator and discuss why the service is being provided. So again, if somebody uses a logo to describe that same information or any type of insignia or those kinds of things. We're not getting into content. We're just getting into the fact that you're allowed this signage and that signage does have to provide certain information. Good. I got a few questions for you already. So on along the lines of the grandfather question that was asked, the state acquires right away that changes asked, at the state of Quarge right away, that changes that linear footage. Would they have, would a existing box have to adjust their box to 300 linear feet away from the new right away line? In most cases, that would be considered a existing condition. And because those existing conditions are non-conforming, we do allow for those to exist as long as they stay operational and don't leave the site for a period of greater than six months. It's the same type of information, or same type of ability the city would have with any sort of non-conforming use, or legally non-conforming use, or legally non-conforming use or legally nonconforming use or legally nonconforming building or structure. We wouldn't make those come into compliance immediately. We might ask them to go ahead and move, but we wouldn't ask them to come in compliance unless something changed on the site, meaning they came out of compliance for some other reason. Okay. What about for city easement, say you're out of compliance for some other reason. Okay. What about for city easement? City right away? I don't know that I... Do we have a linear footage requirement for that? Within the ordinance there are some requirements for... And they aren't in the amendments that you have in front of you. They're just within the ordinance today. Remember I said that this was a mending section, or number two, and number seven. So within the rest of the ordinance, there is language that deals with placement. Whether that placement is to the rear of a property or on the side of a building. It also looks at making sure that they're not within any visibility triangles or those types of other instances. So there is that language within the ordinance today. Okay, but there's no, like, not like with the state where there's a set distance, there's no, that you know of in the ordinance for city, city, and really the reason why we're wanting to do, so I'll go back to the freeway overlay so I could explain the freeway Overlay to the to the commissioners that may not be familiar with it, but within the freeway overlay there are some prohibited uses And that's because the city wanted to make sure that these types of uses weren't along our freeway corridors And so what we say is outdoor store a good good and easy one for me to point to is outdoor storage cannot occur within the first 300 feet in that area Doesn't really have anything to do with the fact that it's state right of way It really just has to do with the visibility of those areas So we work with lows and home depot to make sure that they keep everything and lows probably keeps it right at 300 and one inch when they're there But we do work with individuals to make sure that they have their outdoor storage out of that area. I hope that answers your question. Yeah. Yeah. It was more of a curiosity question than anything, which is my next one too. So I should say that every box has to be 10 feet from any right of way, because that helps with that visibility triangle to answer you specifically. I'll thank appreciate the information. The upkeep on the boxes, I know that's not a something we're altering here, it doesn't appear to be with this request to not. But there is language about upkeep of those boxes, correct? So because every operator of these boxes must come back and re-register their boxes, we will be looking at those upkeep items at that point in time. All right. Appreciate it. Thank you. Also, because we will be getting these registrations from them, we'll know where they're supposed to be, and we'll be able to monitor them a little bit easier as well. I just want to kind of piggyback on what he was saying as far as maintenance and accountability, which I was reading in here. Is there a time in their current ordinance, a times of the essence clause or a deadline as far as if the property owner, landowner, deems that the box is not being handled correctly or taken care of correctly. How much time does that owner of the box have to come out and rectify the situation? And is there a penalty that would be involved in that? I don't want to give you a non-answer to this because I want to make sure that I'm explaining that we have these facilities in place, but our regulatory compliance department specifically monitors any sort of violation to the zoning ordinance. It's never the city's first thought to go after somebody and try to find monetary damages, but there are some individuals that don't listen to repeated courtesy notices and those kinds of things. Anytime you have to have an ordinance in place though so that you can enforce those types of things, we believe that this ordinance provides us with that opportunity. OK. Good. Good. Any further questions? Thank you, sir. Thank you. It's now 6.25 p.m. We will open up the public hearing. Do you have any cards for this item? We have no cards, so we will close the public hearing at 6.25 p.m. And we'll call for a motion. Mr. Chairman, I move recommendation of approved for 246302. We have a motion to approve by Commissioner Moses for 24-602. We have a second. Second. Second by Commissioner Thompson. There are no further questions or discussion, please cash your votes. At a gen item carries 6-0 with one absent. Gen item number eight is summary of city council actions. That's myself. So we had two items go forward to City Council November 11th. The first one was the zoning case for Lions Business Park. This is the plan development that was seen by planning and zoning on October 21st and was voted 6 to 0 to recommend approval. This is a site plan that came forward to y'all and it has not changed as it moved forward to City Council. The next item, thank you, was the car wash and HTO. Y'all had seen this case previously. You guys did recommend denial and it did go to City council but council did request that the project be sent back To staff for a thorough review to ensure compliance with our codes before proceeding To y'all again and to city council Thank you so much do we have an idea when that will be on the agenda for us? No, we don't. We're working with the applicant in order to ensure that we have a complete application that we can bring forward. Okay, thank you, sir. Agenda item number nine is Commissioned Announcements. Commissioned Thompson? Yes, I just want to make sure to plug Mansfield and hometown holidays. It is absolutely mesmerizing out there. The city is always done a good job and it looks so nice. So December 6 is hometown holidays. So if everybody is out and about, they should definitely stop by. And then I also just want to wish all of the commissioners and staff a excellent holiday season. and your family is just to have a blessed time with each other during this time. Well said, thank you. Commissioner Walker. No announcements but Merry Christmas and Happy Holidays everybody. Thank you. Vice Chairman Action. the community. I'm going to go to the same and also plug in the toys for tots is Wednesday night at the performing arts center. Usually another big event for us this week in the city of Mansfield. Looking forward to it. The only thing I have to do is echo everybody, Merry Christmas to everybody, but remember your three most precious things in life is your faith and your family and your friends. And also please be safe during the holiday season. So thank you. All right, Commissioner Moses. I'm gonna say to everyone, especially in this event season, you're strong well and all remember, even those of us who have considered those not having in the season and just great. Our God's blessings for all of us people, and Merry Christmas to everyone at the Honest and Urban Medicine, that we recognize in this happenable world. You guys all over tonight, what's up? Very well said comments. I have nothing to add to any of that. That was very touching, nice job by everyone. I will tell you that the city has done a great job here lately, especially this time of the year with all the ground breakings that have taken place with Guy or Phil, the new stadium, high five, so many others, the data centers rolling along real fast over there. So we got a lot of construction taking place right now across the city and it's real exciting to see that all the things that have been talked about for the last 12 to 18 months, you starting to see them to come for rich and so that's excellent to see you. Merry Christmas and happy Thanksgiving and everything else to everybody else as well Staff announcements Staff does want to make sure that we Point out that we've been busy with all of the things that you've talked about right Making sure that that we keep the city running well But we're I'll just come up here to talk about our next meetings I know that an email did go out about a possible meeting on Monday, December 16th. The commission will get more details, hopefully by the end of this week. We know it's an important time for everybody to be with their families. So we don't take these, like we don't want to have these types of meetings just to have them. There are some statutory reasons why we may need to have these types of meetings just to have them. There are some statutory reasons why we may need to have a meeting on December 16th. So if any members are available, that would be great if we need to have one. Again, we should find out here shortly. Hopefully, the next time I see you all will be in the new year. And that will be Monday, January 6th, though. But again, to echo what everybody else said, please have a safe holiday. Thanks. Thank you, sir. Appreciate it. OK. Motion to adjourn. Make a motion to adjourn. Motion to adjourn by Commissioner Godden. Surprise. That second took so long, was it? Yeah, Commissioner Walker. All right, please cash your votes. Carries 6-0, we want absent. We are adjourned at 6-31 PM. Go be happy. Yeah. you