[00:00:03]
[1. Call to Order of the Edmond Planning Commission.]
THE MEETING, CHANGE THAT FOR WHATEVER, AND I WOULD LIKE TO CALL THE MEETING TO ORDER.AND THERE ARE A FEW ITEMS THAT WE NEED TO, UH, UH, DISCUSS.
[2. General Consent Items: Items listed under General Consent are usually approved as a group with the proper motion from a member of the Planning Commission. Members of the Planning Commission may pull any item under General Consent for separate discussion and/or action.]
FIRST ITEMS ARE THE, UH, UH, ON THE GENERAL CONSENT ITEM, UH, NUMBER, NUMBER TWO.THESE ITEMS ARE LISTED UNDER GENERAL CONSENT, ARE USUALLY APPROVED AS A GROUP WITH THE PROPER MOTION FROM A MEMBER OF THE PLANNING COMMISSION.
MEMBERS OF THE PLANNING COMMISSION MAY PULL ANY ITEM UNDER THE GENERAL CONSENT FOR SEPARATE DISCUSSION AND OR, UH, ACTION.
AND THE FIRST ITEM ON THIS IS A CONSIDERATION OF APPROVAL OF THE MINUTES FROM OUR, OUR PREVIOUS PLANNING COMMISSION MEETING.
CAN I HEAR A MOTION? IF YOU'VE, HOPEFULLY YOU'VE READ THOSE.
IS IT ON? CAN YOU HEAR ME NOW? OKAY.
ARE THERE ANY, UH, CORRECTIONS OR DELETIONS FROM THE MINUTES THAT YOU CAN SEE? ALL RIGHT.
CAN I HEAR A MOTION FOR THE PASSING OF THE MINUTES? MOTION? I'LL SECOND.
UH, THE OTHER TWO ITEMS ON THIS, UH, CONSENT AGENDA ARE TWO ITEMS THAT, UM, WILL BE, ARE THERE ANY, UH, MEMBERS OF THE PLANNING COMMISSION THAT WANT TO PULL ANY OF THESE ITEMS YOU VOTE ON THAT? OH, SORRY.
I WILL NEED FURTHER INSTRUCTIONS AS WE GO ALONG.
ANYONE FROM THE PLANNING COMMISSION WANT TO PULL ANY OF THESE ITEMS TO DISCUSS THEM INDIVIDUALLY? IF THERE'S NOT, CAN I, UH, HEAR A MOTION TO APPROVE THESE TWO ITEMS? SO MOVED.
THOSE ITEMS WILL BE HEARD AT COUNSEL ON JULY 14TH, ALL LOOKING
[D. Case No. PR24-00027; Public Hearing and Consideration for a Preliminary Plat for Liberty Park, located northeast of Coffee Creek and Coltrane. (Parkhill; Ward 2) ]
AT THE, UH, PUBLIC HEARING ITEMS. THESE ARE ITEMS LISTED UNDER PUBLIC HEARINGS ARE USUALLY DISCUSSED AND CONSIDERED INDIVIDUALLY BY MEMBERS OF THE PLANNING COMMISSION.EACH ITEM PROVIDES AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK REGARDING THE AGENDA ITEM.
COMMENTS MUST BE DIRECTED TO THE CHAIR OF THE MEETING.
AND, UH, WE ARE GONNA TALK ABOUT FOUR ITEMS TODAY.
UH, ONE OF THEM IS, UH, NUMBER D, CASE NUMBER PR 2 4 2 7.
THAT WILL BE, UM, UH, CONTINUED TO JULY 22ND PLANNING COMMISSION MEETING.
AND I NEED A MOTION AND A SECOND TO, UH, TO MOVE THAT TO, UH, JULY 22ND.
[C. Case No. PA25-00001; Public Hearing and Consideration for a Comprehensive Plan Amendment to the Edmond Plan 2018 from Rural Neighborhood to Suburban Infill for the property located at 1421 E Covell on the northwest corner of Bryant and Covell. (Red Plains Professional; Ward 2)]
ITEM C.WE'RE GONNA MOVE THAT UP IN THE, UH, AGENDA.
AND WE'RE GOING TO HEAR THAT ONE FIRST.
AND, UM, YEAH, LET'S GO AHEAD AND DO THAT.
UH, CASE NUMBER PA 2 5 0 0 0 1 PUBLIC HEARING CONSIDERATION FOR A CONS COMPREHENSIVE PLAN AGREEMENT TO THE EDMOND.
PLAN, 2018 FROM RURAL NEIGHBORHOOD TO SUBURBAN INFILL FOR THE PROPERTY LOCATED AT 1421 EAST COVEL ON THE NORTHWEST CORNER OF BRYANT AND COVE.
IS THE APPLICANT PRESENT? IS THAT OKAY? IF YOU WANT TO, UM, CAN, IF YOU COULD GO AHEAD AND PRESENT THIS ITEM, PLEASE.
UM, AS YOU INDICATED, THE APPLICANT IS REQUESTING APPROVAL OF A CHANGE TO THE CITY'S COMPREHENSIVE PLAN.
FROM THE RURAL NEIGHBORHOOD CATEGORY TO THE SUBURBAN INFILL CATEGORY TO A SITE LOCATED ON THE NORTHWEST CORNER OF COVELL AND BRYANT, YOU CAN SEE IT HERE ON THE MAP.
THE SUBJECT PROPERTY IS APPROXIMATELY 1.5 ACRES.
THE SITE IS ZONED A SINGLE FAMILY DWELLING.
ZONING INCLUDES A SINGLE FAMILY TO THE WEST, WHICH IS DEVELOPED AS A CHURCH SOUTH UNDEVELOPED.
UM, THE SIZE CHARACTERIZE CATEGORIZES SUBURBAN COMMERCIAL IN THE EDMUND PLAN 2018.
UH, NEARBY PLAN CATEGORIES INCLUDE SUBURBAN COMMERCIAL TO THE EAST, SUBURBAN TWO OR S TWO NEIGHBORHOOD OPEN SPACE AND SUBURBAN ONE S ONE NEIGHBORHOOD TO THE SOUTH, RURAL NEIGHBORHOOD TO THE NORTH AND WEST.
[00:05:01]
POTENTIAL AVAILABILITY OF PUBLIC WATER AND SEWER SUPPORT A WIDER VARIETY OF PLAIN CATEGORIES, INCLUDING SUBURBAN INFILL.THIS CATEGORY IS DESIGNED TO PROVIDE ITEMS THAT MIGHT BE MISSING OR UNDERREPRESENTED IN NEARBY DEVELOPED AREAS SUCH AS ADDITIONAL HOUSING TYPES.
THE APPLICANT'S PROPOSAL CAN BE CONSIDERED APPROPRIATE BASED ON THE SITE SIZE AND IN SUPPORT OF CITYWIDE GOALS RELATED TO HOUSING VARIETY.
HAPPY TO ANSWER ANY QUESTIONS COMMISSIONERS MAY HAVE.
ANY QUESTIONS FROM THE COMMISSION TO THE CITY, CITY STAFF? ALRIGHT.
UH, APPLICANT, WOULD YOU LIKE TO ADD ANYTHING TO THE SUMMARY? GREG MASSEY WITH RED PLAINS PROFESSIONAL.
UM, I DON'T HAVE ANYTHING TO ADD.
GREG MASSEY WITH RED PLAINS PROFESSIONALS.
UH, I DON'T HAVE ANYTHING TO ADD THAT MR. BRYANT DIDN'T ALREADY ADDRESS.
I'D BE MORE THAN HAPPY TO ANSWER ANY QUESTIONS, UM, THAT YOU OR, UM, ANY OF THE FOLKS HERE HAVE.
ANY QUESTIONS FOR THE APPLICANT FROM THE COMMISSION? OKAY.
UH, ANY COMMENTS FROM THE PUBLIC? ANYONE THAT WOULD LIKE TO SPEAK, ASK ANY QUESTIONS? WE, WE HAVE A COUPLE PEOPLE COMING FROM OVERFLOW AND THEN SOME HANDS UP RIGHT THERE.
ARE YOU COMING IN TO SPEAK OR OBSERVE? OKAY.
ALRIGHT, COME ON UP AND, UH, STATE YOUR NAME AND ADDRESS.
UH, DAVE ME'S AT 3 0 0 8 SHORT DRIVE.
IT'S, UH, OH THREE BLOCKS OR FOUR BLOCKS TO THE WEST OF THIS LOCATION.
UH, YOU KNOW, WE'RE JUST SMALL, UH, RURAL PROPERTY AND WE'RE EXTREMELY WORRIED ABOUT OUR PROPERTY VALUES AND, AND HOW IT'S ALSO GONNA CHANGE THE FLOW OF TRAFFIC AND WHICH IS, THAT'S A VERY CONGESTED YES.
DO WE KNOW, DOES HE KNOW? I DID.
WE DIDN'T GET TO HEAR WHAT HE HAD, WHAT THE APPLICANT HAD TO SAY BECAUSE WE WERE IN THE OVERFLOW.
WE WERE FLOW ROOM, SO WE WERE OKAY.
HE JUST SAID IF YOU HAD ANY QUESTIONS.
SO HE REALLY DIDN'T TALK ABOUT IT AT ALL EXCEPT FOR THE, UH, UH, THE SUMMARY THAT, UH, MR. BRIAN GAVE.
AND PART OF THE REASON WE'VE BEEN THERE AT THAT LOCATION FOR OVER 20 YEARS AND WHEN BEFORE WE MOVED, WE LOOKED AND THERE WAS NO, YOU KNOW, MULTI-FAMILY.
THAT WAS ONE OF THE THINGS THAT WE LOOKED FOR WHEN WE BOUGHT OUR PROPERTY.
AND SO I KNOW IT'S A MAJOR CONSIDERATION FOR LOTS OF PEOPLE IN THE AREA AROUND THERE.
I APPRECIATE Y'ALL HEARING ME.
AND DO YOU HAVE ANYTHING ELSE? DOES HE, DO WE KNOW WHAT, UH, IF YOU COULD JUST SPEAK UP TO THE, UH, MICROPHONE SO YOU KNOW, WHAT, WHAT HE PLANS.
DOES THE APPLICANT KNOW WHAT HE PLANS TO DEVELOP THERE? DO WE KNOW THAT? YEAH, IT SHOULD BE IN YOUR PACKET ABOUT WHAT IT'S GONNA BE, BUT I CAN ASK, I CAN HAVE HIM, UH, UH, RESPOND TO THAT.
I DID, WE DIDN'T HAVE A PACKET, SO I DIDN'T KNOW.
THINGS WERE KIND OF CHAOTIC OVER THERE.
UH, WE'LL JUST FIND A COMFORTABLE PLACE TO STAND AND, UH, MR. MASSEY WILL COME UP AND, AND, UM, UH, GIVE HIS SPIEL.
I THINK WE HAD SOMEBODY ELSE IN THIS.
OH, IS THERE ANOTHER PERSON THAT YEP.
I LIVE AT 1316 NAY AVENUE, WHICH IS IN THE BURNHAM WOODS EDITION, WHICH IS DIRECTLY ACROSS THE STREET FROM THE SUBJECT PROPERTY.
UM, WE SETTLED THERE, UH, SEVERAL YEARS AGO BECAUSE OF THE RURAL NATURE OF THAT, THE TREES.
AND, UM, WE UNDERSTAND THAT AREA'S DEVELOPED, AND FOR THOSE OF YOU THAT HAVE DRIVEN DOWN COVE LATELY, IT TOOK ME 10 MINUTES TO GET OUT OF OUR NEIGHBORHOOD BECAUSE OF THE TRAFFIC.
AND, UM, TO ADD, UH, UH, DENSITY OF LIVING TO ME IS, IT DOESN'T MAKE ANY SENSE UNTIL I KNOW THE PLAN IS TO WIDEN COVE.
AND PERHAPS WHEN THAT HAPPENS, WE'LL HAVE A BETTER, UH, WAY TO GET IN AND OUT OF OUR NEIGHBORHOOD.
BUT, SO WE'RE, WE'RE CONCERNED ABOUT THAT.
UM, I GUESS I WOULD ASK, UM, I HAVEN'T, WE HAVEN'T STUDIED WHERE WE KNOW WHERE THE PLOT IS, BUT ONE OF MY QUESTIONS IS WHERE, WHERE WILL THE ENTRANCES BE? WILL THERE BE ONE ON BRYANT AND ONE ON COVEL? UH, IT WASN'T CLEAR.
THAT INTERSECTION IS JUST A NIGHTMARE.
I IF YOU GUYS HAVEN'T BEEN THERE LATELY, ESPECIALLY AROUND FIVE O'CLOCK AND THIS IS ONLY GONNA MAKE IT WORSE.
ANYBODY KNOW THE ANSWER TO THAT? OKAY.
UM, AND WE ALSO WOULD BE CONCERNED ABOUT PROPERTY VALUES.
I'M SURE THESE WILL BE RENTALS.
UM, WE ALREADY HAVE RENTALS IN OUR NEIGHBORHOOD.
UM, IT WASN'T BUILT TO BE THAT WAY, BUT IT'S TURNED INTO THAT AND, AND WE ALL ARE CONCERNED ABOUT OUR PROPERTY VALUES 'CAUSE THAT IS A VERY DESIRABLE PLACE TO LIVE IN EDMOND.
[00:10:01]
OH, LET ME ALSO JUST SAY TRENT, I'M ON THE, UH, BOARD OF THE HOA, I'M PRESIDENT OF THE BOARD OF HOA.UM, WE ALSO HAVE OUR SECRETARY, NANCY'S HERE AND MARSHA IS ONE OF OUR RESIDENTS WHO'S BEEN INVOLVED WITH US, SO, OKAY.
IF YOU COULD STATE YOUR NAME AND ADDRESS PLEASE.
I LIVE AT 1300 LEMON RANCH ROAD IN BURNHAM WOODS.
UH, THERE'S 95 RESIDENTIAL UNITS IN OUR NEIGHBORHOOD AND WE'VE GOT A REAL NICE QUIET NEIGHBORHOOD.
WE HAVE A REAL STRONG HOA AND, UM, MOST OF THE PEOPLE IN THERE ARE RETIRED OLDER PEOPLE LIKE ME.
UM, IT'S A REAL NIGHTMARE GETTING OUT OF OUR ADDITION ONTO COVE.
UM, I JUST, I KNOW SOMETHING BAD'S GONNA HAPPEN THERE ONE OF THESE DAYS.
UM, IF AT THE VERY LEAST YOU CAN DO IS TO CUT DOWN THE NUMBER OF UNITS ON THIS PIECE OF PROPERTY.
UH, 15, 15 RESIDENTIAL UNITS ON AN ACRE AND A HALF IS OBSCENE IN MY THINKING.
BUT, UH, PLEASE, NO COMMENTS AFTER EACH.
LET'S JUST KEEP THIS CIVIL PLEASE.
BUT I MEAN, IT IS GOING TO CREATE A NIGHTMARE FOR TRAFFIC IN THAT AREA AND IT, IT ALREADY IS.
WE'VE GOT CARS RACING UP AND DOWN, UH, BRYANT ALL HOURS OF THE DAY AND NIGHT.
UM, AND I MEAN, THESE PEOPLE ARE REALLY TEARING UP THE STREET UP AND DOWN THE NORTH STREET COVE.
UM, THAT'S ABOUT ALL I'VE GOT TO SAY EXCEPT, YOU KNOW, AT LEAST CONSIDER THE DENSITY AND THE NUMBER OF UNITS ON THAT IF YOU WOULD PLEASE.
AND YOU DON'T KNOW WHICH WAY WE'RE GOING TO GET EGRESS AND INGRESS OR WHATEVER.
THAT COMES WITH THE, UH, SITE PLAN.
WHEN DO WE GET, WHEN DO WE, DO WE GET TO LOOK AT THE PLAT? DO WE GET TO LOOK AT SOMETHING THAT'S GONNA GO ON THAT PROPERTY? UH, OR DOES THIS THING JUST WHISTLE ON THROUGH AND WE DON'T, WE DON'T GET TO COMMENT ON IT.
THIS IS, THIS IS KIND OF THE FIRST STEP OF THAT PROCESS.
WE'LL TALK A LITTLE BIT ABOUT THAT AS I'LL, I'LL NOTE THAT QUESTION AS WELL.
DAN, I JUST SAW SOMETHING ON THE REPORT THAT, UH, WAS PREPARED BY THE CITY.
ONE OF THE CHANGES MOTIVATED THIS, UH, CHANGE, UH, WAS THAT, UH, WATER AND SEW HAD BEEN ADDED TO THE AREA.
HOW CLOSE AND HOW, UH, HOW SIGNIFICANT IS THAT? I DON'T REMEMBER ANYTHING IN PARTICULAR ON THAT.
AND UH, MAYBE STAFF CAN ANSWER THAT FOR US.
ANY OTHER RESIDENT OR CITIZEN LIKE TO SPEAK? ALRIGHT, WOULD THE APPLICANT LIKE TO, UH, OH, ONE MORE.
I LIVE AT THE CORNER OF MISSILE TOE IN COVELL, ABOUT A QUARTER MILE FROM THIS PROPERTY.
EVERYBODY ON MY SIDE OF THE ROAD FROM THERE TO THE CORNER HAS TWO AND A HALF TO FIVE ACRES.
AND I'D LIKE TO ECHO WHAT PEOPLE HAVE SAID ABOUT THE TRAFFIC ALREADY GETTING OUT ONTO COVELL, WHICH IS JUST TWO LANES MEANS, AND ON EITHER END OF IT TO THE EAST AND WEST, YOU'VE GOT FOUR LANES OF TRAFFIC COMING DOWN AND ALL OF A SUDDEN FOR THE, FOR THE MILE BETWEEN COLTRANE AND BOULEVARD, YOU'VE GOT JUST ONE LANE AND EACH DIRECTION AND IT IS A NIGHTMARE.
I'D ALSO LIKE TO ECHO THE PART ABOUT PEOPLE RACING UP AND DOWN THE ROADS.
AND UNTIL YOU HEAR A NUMBER OF PEOPLE SAY THIS, IT DOESN'T, IF YOU JUST HAVE ONE PERSON SAYING IT, YOU SAY, OKAY, ONE PERSON, WE DON'T CARE.
THERE'S A LOT OF PEOPLE THAT WOULD LIKE THIS TO SAY WE DON'T WANT IT, AND I'M ONE OF THEM.
WHO ELSE DID I MISS? ALRIGHT, NOW IT'S YOUR TURN.
[00:15:01]
OF COURSE ONE OF THE ONES IS, UH, IS THE TRAFFIC SEEMS TO BE THE, UH, THE BIGGEST QUESTION HERE IS, IS HOW IS YOUR PROJECT GOING TO AFFECT TRAFFIC? I KNOW THAT THERE, WELL, YOU CAN ANSWER THAT.UH, ALSO, WHAT, UH, WHAT ARE YOUR TOTAL PROJECTS? I KNOW THAT IT'S, IT'S INCLUDED IN THERE ABOUT THE, UH, LIVING UNITS.
IF YOU COULD ALSO TALK ABOUT THE INGRESS AND EGRESS AND, UM, HOW YOU FORESEE THE PROJECT IN FITTING IN WITH THE SURROUNDING AREAS.
AND, AND MAYBE, UH, KIM CAN ADDRESS THE PROCESS AFTER THIS IS, UH, IF, IF THIS ITEM IS APPROVED AND IF YOU COULD ALSO, UH, RESPOND TO THE WATER AND SEWER, UH, LOCATION, WHERE IT IS, WHAT THE PROGRESS IS.
YOU DIDN'T WRITE ANY OF THAT DOWN, SO, OH, OKAY.
I FORGOT TO BRING A PEN IN WITH ME AND I APOLOGIZE.
UH, BUT I'LL TRY AND ADDRESS ALL OF THOSE ITEMS AS BEST I CAN.
IF I LEAVE ANY OUT, PLEASE BRING 'EM TO MY ATTENTION AND I WILL TAKE CARE OF THAT.
UM, MR. HUTCHINSON HAS LIVED IN THE AREA, UH, FOR A NUMBER OF YEARS HIMSELF.
UM, HE LIVES WITHIN A QUARTER MILE OF THIS PROPERTY.
UM, I THINK HIS SON CURRENTLY OCCUPIES THIS, THIS PROPERTY.
UM, BASED ON THE CURRENT ZONING OF THE PROPERTY, UM, THIS TRACT AND EVERYTHING AROUND IT COULD BE ZONED A SINGLE OR COULD BE DEVELOPED AS A SINGLE FAMILY, WHICH WOULD, UM, INCREASED TRAFFIC.
WITH THIS PROPOSED DEVELOPMENT, WE'RE LIMITING IT TO A MAXIMUM OF 16 UNITS.
THERE WILL BE A SINGLE POINT OF ACCESS ON COVE ADDITIONAL.
UM, IF YOU CONTINUE TO MAKE COMMENTS, WE'LL HAVE TO ASK YOU TO LEAVE.
LET'S JUST, UH, JUST KEEP THIS, YOU KNOW, THAT, THAT WE JUST LISTENED TO EVERYTHING HE HAS TO SAY.
THE SINGLE ACCESS ON COVELL IS BASED ON THE TOPOGRAPHY OF THIS PROPERTY.
UM, THERE'S NO REASONABLE ACCESS THAT COULD BE TAKEN, UM, TO THE EAST ON BRYANT.
UM, HOWEVER, THERE WILL BE ADDITIONAL RIGHT OF WAY GRANTED ON THIS TWO ACRE TRACK FOR THE WIDENING OF COVAL AND ALSO THE WIDENING OF BRYANT THROUGH THAT INTERSECTION.
UM, WE HAVE NO WAY OF DEALING WITH CURRENT TRAFFIC SITUATIONS, UM, BUT WITH 16 UNITS, THAT IS NOT A GREAT IMPACT.
UM, AS FAR AS THE UTILITIES, PUBLIC WATER AND SEWER WILL BE EXTENDED TO THIS FACILITY CURRENTLY.
PUBLIC WATER ENDS, UH, AT THE NORTHEAST CORNER OF THE BURNHAM WOODS SUBDIVISION THAT WILL BE EXTENDED INTO THIS PROPERTY AND ALSO PROVIDE ACCESS FOR ADJACENT RESIDENTS TO EXTEND AND TIE INTO THAT PUBLIC UTILITY.
SANITARY SEWER IS LOCATED APPROXIMATELY, UM, A QUARTER MILE TO THE EAST ON COVE THAT WILL BE EXTENDED OVER TO THIS PROPERTY.
AND AGAIN, WE'LL ALSO, UH, ALLOW ADJACENT RESIDENCE, UH, TO THE NORTHWEST TO TIE IN TO THAT FACILITY AS WELL.
UM, UH, I I'M SORRY, WHAT WERE THE OTHER ITEMS? OH, YEAH, ONLY ONE MORE ITEM.
UH, HOW WILL THIS, WHAT MATERIAL ARE YOU GONNA USE? HOW'S IT GONNA FIT INTO THE, UH, UH, SURROUNDING RURAL, UH, FEEL OF THE AREA? YEAH.
WELL, THE INTENT IS TO PROVIDE MORE DIVERSITY OF HOUSING.
UM, WHEN WE PLANTED BURNHAM WOODS, WE WENT THROUGH THE SAME SITUATION.
UM, YOU KNOW, A SINGLE FAMILY RESIDENTIAL, UH, SMALLER LOTS GOING INTO AN AREA THAT WAS PRIMARILY, UM, LARGER ACREAGES.
UM, AGAIN, TRAFFIC IS AN ISSUE.
UM, YOU KNOW, THE INDIVIDUAL DEVELOPERS CAN'T MITIGATE THAT COMPLETELY, BUT BY PROVIDING THE ADDITIONAL RIGHT OF WAY, UM, AND PROVIDING THE WIDENING WHERE IT'S REQUIRED, WE CAN AT LEAST MITIGATE THROUGH THE FRONTAGE OF THAT PROPERTY.
UM, I I, I CAN'T REDUCE THE NUMBER OF CARS.
I CAN'T REDUCE THE SPEED LIMITS.
UM, WHAT WE CAN DO IS MAKE THIS A LOCATION THAT PROVIDES EXPANSION OF DIVERSE
[00:20:01]
HOUSING IN THE CITY OF EDMOND, PARTICULARLY IN THIS LOCATION OF EDMOND, WHERE THERE ARE NOT PRODUCTS LIKE THIS, UH, WITH DUPLEX AND FOURPLEX UNITS THAT HAVE BEEN VERY POPULAR IN THE, UH, EDMOND MUNICIPAL AREA.I THINK, UH, ANY OF THE FELLOW COMMISSIONERS HAVE ANY ITEMS THAT I FORGOT? NO, I JUST HAVE QUESTIONS.
I'M A LITTLE CONCERNED ABOUT THE, UM, 16 UNITS, LET'S SAY 32 CARS WHERE, I MEAN, WHERE'S THE PARKING, THE PARKING'S WITHIN DEVELOPMENT? UM, OBVIOUSLY, UM, THESE UNITS WILL ALL HAVE GARAGES, DRIVEWAY.
THEY'RE GONNA HAVE GARAGES BECAUSE WE HAVEN'T SEEN ANYTHING.
UM, I MEAN ANY, CHRISTIE, WHAT, DID YOU NOT INCLUDE THAT PRELIMINARY LAYOUT? I, NO, I THINK THERE WERE JUST THE NUMBER OF ITEMS. OKAY.
I JUST KIND OF HESITANT TO MOVE FORWARD WITH THIS.
SO WE HAVEN'T SEEN WHAT IT'S GONNA LOOK LIKE.
WE HAVE A PRELIMINARY LAYOUT THAT, UM, THAT WAS PROVIDED TO THE CITY WITH THE PUD DOCUMENT, OR EXCUSE ME, UM, WITH THIS APPLICATION THAT WAS TO BE INCLUDED WITH THE PUD DOCUMENT, WHICH WOULD BE THE NEXT STEP, UM, FOR REZONING.
UM, AGAIN, THIS IS JUST TO REQUEST PLAN AMENDMENT MM-HMM
SO THAT WE CAN THEN MOVE FORWARD WITH THE REZONING FOLLOWING THAT PRELIMINARY PLATTING, FINAL PLATTING.
AND THEN OF COURSE WE WOULD HAVE TO DO SITE PLAN APPROVAL, UM, BASED ON THE MULTIFAMILY USE.
IS THAT CORRECT MR. BRYAN? IT DEPENDS.
UM, OKAY, SO YOU REFERENCED THE PROCESS, WHICH IS, UH, SOMETHING I WAS GONNA ADDRESS.
SO YEAH, THE COMPREHENSIVE PLAN ESTABLISHES, UM, YOU KNOW, KIND OF THE, THE, THE CHARACTER AND THE INTENSITY OF THE AREA.
THE, THE CHANGE HERE IS YOU, YOU, UH, YOU OUTLINED THE CHANGE IN UTILITY AVAILABILITY.
SO OF COURSE THAT WASN'T AVAILABLE WHEN THE, THE PLAN WAS INITIALLY, UM, APPROVED YEARS AGO.
UM, SO THE NEXT STEP WOULD BE TO COME IN AND REQUEST A ZONING MAP, AMENDMENT TO A PLAN UNIT DEVELOPMENT THAT WOULD, THAT IS THEN WHEN YOU WOULD SHOW YOUR LAYOUT, TALK ABOUT MATERIALS, THOSE KINDS OF THINGS.
THERE'S A PUBLIC PROCESS OF COURSE RELATED TO THAT.
UM, AND THEN YOU REFERENCE PLATTING AND THEN IT DEPENDS IF THE DETAILS, WHAT DETAILS YOU PROVIDE IN YOUR PUD OR THE PLATTING, WHETHER A SITE PLAN IS REQUIRED.
BUT YES, ALL OF THOSE COMPONENTS ARE POTENTIALLY NEXT STEPS IN THIS PROCESS AND THERE'S SEQUENTIAL.
SO, AND I, I WOULD ALSO LIKE TO ADDRESS, UM, IT WAS BROUGHT UP ABOUT, UM, BRINGING MORE RENTAL UNITS INTO THE AREA.
UM, OBVIOUSLY ANY HOUSE CAN BE RENTED.
UM, SINGLE FAMILY MULTIFAMILY, REGARDLESS THE INTENT IF THIS IS APPROVED TONIGHT, IS TO MOVE FORWARD WITH A PUD THAT WOULD ALLOW THESE UNITS TO BE SOLD INDIVIDUALLY AS SINGLE FAMILY RESIDENCE.
UM, SO WE'RE, WE'RE NOT LOOKING SOLELY FOR, UH, RENTAL PROPERTIES TO BE DEVELOPED HERE.
ANY OTHER QUESTIONS? KEN, COULD YOU CLARIFY IF IT, IF WE APPROVE TONIGHT, HOW MANY OTHER MEETINGS YOU MENTIONED KINDA THE PROCESS, HOW MANY OTHER PUBLIC MEETINGS WILL OCCUR TO WHERE MORE FEEDBACK COULD BE GIVEN BEFORE WHAT HE'S DESCRIBING GETS BUILT? IS THAT 2, 3, 4? UH, 'CAUSE YOU MENTIONED IT, BUT I JUST WANNA MAKE SURE WE'RE CLEAR.
UM, WELL, THERE'S ONE MORE PUBLIC MEETING ON THIS ITEM.
SO THIS WILL GO TO COUNCIL PLANNING COMMISSION IS RECOMMENDING BODY, UM, FOR THE REZONING THAT IS ALSO PLANNING COMMISSION AND CITY COUNCIL, UM, FOR PRELIMINARY PLAT.
UM, THAT'S, UH, PLANNING COMMISSION HAS AUTHORITY TO APPROVE THAT.
AND THEN C SITE PLAN, UM, IS PLANNING COMMISSION AS WELL.
SO I DON'T, I DIDN'T COUNT ALL THAT, BUT IT'S LIKE SIX.
QUICK QUESTION, REMIND ME WHAT CAN GO INTO SUBURBAN INFILL AGAIN? UM, GOOD QUESTION.
SO OF COURSE IT'S NOT NECESSARILY ABOUT THE USE.
UM, THAT'S MORE ABOUT, UM, AN OPPORTUNITY TO, UH, PROVIDE A TRANSITION FROM ONE THING, YOU KNOW, A NEAR ONE NEARBY DEVELOPMENT TO ANOTHER ONE.
UM, IT, IT'S AN OPPORTUNITY TO PROVIDE SOMETHING THAT'S MISSING FROM THE AREA OR THE NEIGHBORHOOD.
AND, UM, YEAH, SO IT, IT, WHATEVER FUTURE DEVELOPMENT OR USE KIND OF MEETS THOSE, UM,
[00:25:01]
THAT THOSE CONCEPTS CAN POTENTIALLY BE A GOOD FIT FOR THIS PLAN CATEGORY.SO MOST LIKELY IT'S GONNA BE MORE DENSE THAN IT IS TODAY? WELL, IT ONLY HAS ONE HOUSE ON IT RIGHT NOW, SO YEAH.
SO TWO WOULD BE MORE DENSE, SO IT COULD HAVE, YEAH.
ANY OTHER QUESTIONS? ALRIGHT, THANK YOU CRAIG.
UM, EXCUSE, ARE WE DOING PUBLIC COMMENT A SECOND? OH YEAH, I DON'T THINK SO.
YEAH, UNFORTUNATELY THAT'S, UH, WE'RE JUST DOING IT.
UH, WE'RE HAVING GIVEN YOU ONE CHANCE TO, UH, TO ASK A QUESTION AND ONE TIME TO RESPOND.
SO THAT MAP WASN'T UP HERE BEFORE SO I COULDN'T THE ONE THAT SHOWED THE UNITS, SO I COULDN'T ASK THE QUESTION ABOUT IT.
THERE WASN'T ONE WITH THE UNITS ON IT.
MAY I JUST ASK? YES, YOU MAY BECAUSE I MISSED IT.
NOW AGAIN, THIS IS JUST A ESTIMATE.
IT'S NOT APPROVED, IT'S JUST, UH, HIS, THEIR IDEA OF WHAT THEY WOULD LIKE TO BUILD THERE.
I'M A RETIRED TEACHER, SO I BELIEVE IN TAKING OKAY, GO AHEAD AND STATE YOUR NAME AND ADDRESS PLEASE.
MY NAME IS DEBORAH SHANNON AND WE LIVE ABOUT A QUARTER MILE FROM THIS LOCATION OFF OF COVILLE ON MISSILE TOLL LANE.
AND SO I USE THIS INTERSECTION ALL THE TIME.
AND WHEN HE MENTIONED THERE WAS GONNA BE ONE ENTRANCE AND EXIT ON COVELL, AS YOU CAN SEE WHERE BRYANT IS, IF SOMEONE IS COMING OUT OF THERE, THEY'D HAVE TO TURN RIGHT
IF THEY TRIED TO MAKE A LEFT TURN, THEY WOULDN'T BE ABLE TO THAT, THERE'S JUST NO WAY YOU COULD DO THAT.
YOU'D BE BLOCKING TRAFFIC AND EVERYBODY GOES OUT COVE TO I 35 OR TO GET TO SOONER OR WHEREVER.
I MEAN WE STARTED LIVING THERE IN 91
SO WE'VE SEEN THE CHANGE OF IT OVER, OVER THE YEARS.
IT'S BEEN MASSIVE AND UM, THAT'S THE DIRECTION FROM FIRE STATION FIVE WHEN THEY COME OVER ALL OF THE SANITATION, UNLESS THEY'RE GOING DOWN SECOND STREET, THEY HAVE TO TAKE VALE TO GO ACROSS 35 TO GET TO WHERE THEY ARE.
SO THIS IS SUCH A HIGH, HIGH TRAFFIC AREA AND FOR A LOT OF THESE THINGS THAT ARE IN THE PLANNING, I JUST FEEL LIKE WE NEED TO DO THE STREETS FIRST AND THEN ADDRESS SOMETHING LIKE THIS.
UM, YOU KNOW, 16 UNITS, 32 CARS, PEOPLE HAVE VISITORS AND FAMILY AND EVERYTHING ELSE.
I THINK THIS WOULD BE A VERY, VERY DANGEROUS, UM, AND I LIKE THE IDEA OF PEOPLE BEING ABLE TO OWN A PROPERTY.
I REALLY DO, BUT I'M NOT CRAZY ABOUT THIS PARTICULAR DIAGRAM WITH ALL OF THESE.
AND TONIGHT WE'RE JUST, UH, TALKING ABOUT THE CHANGE OF USE, RIGHT? SO NOT, NOT SO MUCH OF THIS, WE'RE NOT APPROVING THIS, WE'RE NOT TALKING ABOUT TRAFFIC, BUT THANK YOU FOR YOUR CONCERNS.
UM, WE READY TO, CAN I HEAR A MOTION TO UM, APPROVE? UH, TO APPROVE, TO APPROVE.
ALRIGHT, UH, UH, THIS VOTE FAILED AND UH, BUT IT WILL BE CONTINUED.
I MEAN IT WILL BE, UH, MOVED TO, UH, COUNSEL ON JULY 14TH AND YOU'LL HAVE ANOTHER I, UH, OPPORTUNITY TO, UH, TO TALK ABOUT THAT.
[A. Case No. PR20-00027; Public Hearing and Consideration for a Revised Preliminary Plat for Wild Rose Ranch, located northwest of Sorghum Mill and Bryant. (Premium Land, LLC; Ward 4) ]
NOW, UH, LET'S MOVE TO ITEM A.THIS IS, UH, CASE NUMBER PR 20 0 0 0 2 7.
WE'LL TAKE A MINUTE TO, UH, LET PEOPLE LEAVE.
UH, THIS IS A PUBLIC HEARING IN CONSIDERATION FOR REVISED PRELIMINARY PLAT FOR WILD ROSE RANCH LOCATED NORTHWEST OF SORGHUM MILL AND BRYANT.
KEN, WILL YOU PRESENT THIS, PLEASE? YES, SIR.
THE APPLICANT IS REQUESTING APPROVAL OF A PRELIMINARY PLAT.
THE APPROXIMATELY 63 ACRE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF SORGHUM MILL AND WEST OF COLTRANE.
UM, THE REQUESTED REVISION TO THE, UH, PRELIMINARY, A PREVIOUSLY APPROVED PRELIMINARY PLAT ADDS SEVEN LOTS IN THE SOUTHWEST PORTION OF SECTION TWO.
[00:30:01]
196 LOTS.THE SUBJECT PROPERTY OWN A SINGLE FAMILY AND THE ADDITIONAL LOTS ARE IN CONFORMANCE WITH THE ZONING.
THE ADDITIONAL LOTS ARE SUPPORTED BY UPDATED SANITARY SEWER CAPACITY.
STAFF RECOMMENDS APPROVAL, HAPPY TO ANSWER ANY QUESTIONS.
OKAY, ANY QUESTIONS FROM THE COMMISSION TO THE CITY STAFF? THE, IS THE FULL SUBDIVISION BUILT OUT IN THE AERIAL IN THE PACKET? IT LOOKS THE 10TH BUILT OUT.
IS IT FULLY DEVELOPED? I BELIEVE MAYBE THE APPLICANT CAN HELP US A LITTLE BIT WITH THAT, BUT I, I BELIEVE SECTION ONE IS UNDER CONSTRUCTION AND THIS IS THE, THE REVISED PRELIMINARY PLA FOR BOTH SECTIONS.
SO YEAH, THEY'VE STARTED, THEY'VE STARTED CONSTRUCTION BUT THE REVISION IS FOR UH, SECTION TWO, WHICH I BELIEVE IS TO THE NORTH OF THE AREA.
YOU SEE WHERE THE STREETS ARE GOING IN.
ANY OTHER QUESTIONS? ALRIGHT, UH, IS THE APPLICANT PRESENT? HELLO? UH, KEVIN MASTERS 300 POINT PARK BOULEVARD.
I'M HERE, UH, REPRESENTING UH, THE APPLICANT AND WE REQUEST APPROVAL FOR THE, UH, REVISED PRELIMINARY PLAT FOR WATER ROSE RANCH.
UM, SO ORIGINALLY THE ORIGINAL PLANT WAS PLAT WAS APPROVED FOUR YEARS AGO WITH US ALLOWING 189 LOTS, BUT DUE TO SEWER CAPACITY, UH, WE HAD A BUNCH OF SEPTIC, UH, SEPTIC LOTS, LOTS WITH SEPTIC SYSTEMS AND UM, BUT WE GOT NEW INFORMATION THAT THE, UH, CITY CAN ALLOW US TO ADD NINE ADDITIONAL LOTS FURTHER.
UM, THE CITY CHANGED THEIR SUBDIVISION REGULATIONS, UM, BACK THEN, UH, FOR LOTS ON SEPTIC SYSTEMS, THE MINIMUM LOT SQUARE FOOTAGE WAS 30,000 AND THEY CHANGED IT TO 21,780.
SO 0.5 ACRES, WHICH IS BASICALLY DEQS MINIMUM, UH, REQUIRED LOTS FOR SEPTIC SYSTEM.
SO WITH THOSE TWO UH, POINTS, THAT'S HOW WE GOT THE SEVEN ADDITIONAL LOTS AND UM, I'M HAPPY TO ANSWER ANY QUESTIONS AND UH, UH, STAFF RECOMMENDS APPROVAL.
ALRIGHT, THE ONLY QUESTION I HAVE COULD, UM, CHRISTIE, COULD YOU PULL UP THE, UH, THE PREVIOUS MAP? YEAH, RIGHT THERE.
WHERE WERE THE, UH, SEVEN ADDED, UH, I CAN SHOW YOU.
SO WE GOT FIVE EXTRA LOTS ON THIS SIDE RIGHT UP HERE.
WE GOT TWO ONE LOT AND ANOTHER LOT.
ANY OTHER QUESTIONS FROM THE APPLICANT? ALRIGHT, THANK YOU.
ARE THERE ANY QUESTIONS OR COMMENTS FROM THE PUBLIC? ANY COMMENTS REGARDING THAT? ALRIGHT, CAN I HEAR A MOTION TO BRING THIS TO A VOTE? MOTION SECOND.
ALL IN FAVOR, THAT MOTION PASSES AND THAT, UH, THAT, UH, THAT ENDS HERE.
IT WILL NOT BE GOING TO COUNSEL.
[B. Case No. SP25-00008; Public Hearing and Consideration for a Site Plan application for Wal-Mart Neighborhood Market, located on the northwest corner of Coltrane Road & Covell Road. (The Tapp Companies; Ward 2)]
CASE NUMBER S SP TWO FIVE.THIS IS ITEM NUMBER B, SP 2 5 0 8.
ALL RIGHT, KEN, YOU WANT TO GO AHEAD AND UH, PRESENT THAT PLEASE, SIR? OF COURSE.
APPLICANT IS REQUESTING APPROVAL OF A SITE PLAN FOR A WALMART NEIGHBORHOOD MARKET, APPROXIMATELY 9.6 ACRE.
SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF COLTRANE AND COVAL.
UH, THE SUBJECT PROPERTY IS ZONED E TWO PUD, UM, A PUD THAT'S TITLED ASHFORD OAKS SITE PLAN.
DETAILS INCLUDE, UM, THE PROPOSAL FOR APPROXIMATELY 44,000 SQUARE FOOT BUILDING ACCESS WILL BE PROVIDED WITH TWO DRIVEWAYS, ONE EACH ON COVEL AND COLTRANE.
THE BUILDING WILL BE APPROXIMATELY 27 FEET TALL AT ITS HIGHEST POINT.
THE FACADE WILL CONSIST OF ARCHITECTURAL MASONRY AND CONCRETE MASONRY UNITS WITH METAL ACCENTS AND CANOPIES.
SCREENING INCLUDES A FENCE AND LAND AND LANDSCAPING, WHICH WILL BE INSTALLED ALONG THE NORTH AND WEST SIDES OF THE SUBJECT PROPERTY.
IN ORDER FOR THE DEVELOPMENT TO PROCEED, THE SITE MUST ALSO BE PLATTED.
[00:35:01]
SEPARATE AND ADDITIONAL STEP THAT WILL INCLUDE DETAILS ABOUT THE ARTERIAL ROADWAY AND INTERSECTION RIGHTS OF WAY.AND THERE ARE IMPROVEMENTS THAT WILL BE CONSTRUCTED BY THE APPLICANT.
THERE'S ADDITIONAL ENGINEERING DESIGN WORK TO DO RELATED TO THE DRIVEWAY ON CULTURING TO ENSURE THAT IT MEETS ALL DRAINAGE REQUIREMENTS.
MR. BEATTY REPRESENTING, UM, THE ENGINEERING DEPARTMENT MAY WANNA OFFER FURTHER DETAILS.
THE ENGINEERING AND DESIGN DETAILS MUST FOR THE SITE PLAN MUST MEET THE CITY'S ADOPTED STANDARDS BEFORE A SITE PLAN CAN BE AUTHORIZED FOR CONSTRUCTION BY THE CITY ENGINEER STAFF RECOMMENDS APPROVAL OF THE SITE PLAN BASED ON COMPLIANCE WITH THE FLOOD PLAIN REQUIREMENTS ASSOCIATED WITH THE DRIVE ON CALL TRAIN.
MR. BATTY, YOU WANT TO OFFER A LITTLE MORE ON THAT, THAT FLOOD PLAIN ISSUE? WELL, WHERE THEY'RE COMING IN FOR THE DRAINS, WE WERE A LITTLE CONCERNED THAT IT COULD CAUSE A RISE PROPERLY DESIGNED.
IT PROBABLY WILL NOT, BUT THE ENGINEER HAS NOT SUPPLIED US THAT INFORMATION YET.
WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
ANY OTHER QUESTIONS TO THE STAFF? EXCUSE ME, KEITH, I'D LIKE TO ASK THE ONE QUESTION.
IS THERE, YOU KNOW, MO, MOST OF THE UM, UH, CONVERSATION ON THIS HAS BEEN ABOUT, UH, WIDENING THE ROAD, UH, WIDENING COVELL, UH, WHAT IS THE CITY'S PLAN OF WIDENING COVELL FROM COLTRANE TO BRYANT? UH, AND, AND YOU KNOW, THE PREVIOUS APPLICANT WAS, UH, FROM BRYANT TO BOULEVARD.
HOW ABOUT THOSE TWO SECTIONS? UM, NOT SURE ON BRYANT AND COVE, BUT THEY'RE COLTRANE THAT HAS BEEN UNDER DESIGN, BUT AT THIS POINT THE CITY HAS NO FUNDING SOURCE FOR CONSTRUCTION.
OKAY, SO IT'S NOT IN THE, UH, THE NEAR BUDGET? NO, SIR.
HOW ABOUT, UH, TRAFFIC LIGHTS FOR COLTRANE AND COVE? IS THAT, UH, INCLUDED, UH, IN THERE THAT CURRENTLY HAS TRAFFIC LIGHTS? NOW THE APPLICANT WILL HAVE TO DO SOME ROAD IMPROVEMENTS ON COVE AND COLTRANE.
UM, THEY HAVE SUBMITTED A TRAFFIC IMPACT ANALYSIS AND WE'RE STILL LOOKING AT THAT.
AND AS THEY GO THROUGH ON THE SITE PLAN, THERE WILL BE DISCUSSION ABOUT SECTION LINE REQUIREMENTS AND AS PART OF THAT, THE LIGHTING SYSTEM WILL BE REVISED BASED UPON WHAT THEY DO FOR WIDENING.
IS THE APPLICANT PRESENT? YES, SIR.
YES, GOOD AFTERNOON, DAVID BOX 5 25 NORTHWEST 11TH STREET.
SO I'LL DROP THAT, UH, HERE ON BEHALF OF THE APPLICANT.
UH, AS WELL WITH ME, I'VE GOT, UH, MEMBERS OF, UH, MY TEAM INCLUDING THE, UH, DEVELOPER AS WELL AS THE CIVIL ENGINEER FOR THE PROJECT.
SO AS STAFF SAID, WHAT IS BEFORE YOU THIS EVENING IS, UH, A SITE PLAN APPLICATION.
IT'S A BIT OF A UNIQUE SITE PLAN APPLICATION.
SO I THINK WE PROBABLY NEED TO LOOK BACK TO THE HISTORY OF THIS SITE.
AND WHEN IT CAME BEFORE, UH, THE COMMISSION LAST TIME, STARTING BACK IN 1990, THE CITY COUNCIL APPROVED A PUD ON THIS SITE.
UH, THE PUD IS A LITTLE DIFFERENT THAN THE PUDS YOU EXPECT TO SEE THESE DAYS IN THAT IT'S A THREE PAGE PUD, IT HAS REALLY NO REQUIREMENTS.
IT'S AN E TWO OPEN DISPLAY COMMERCIAL PUD THAT DOESN'T SEEK TO LIMIT E TWO IN ANY MEANINGFUL WAY.
SO IN 1990, THE CITY COUNCIL PASSED THE ORDINANCE APPROVING E TWO ON THIS SITE.
SO WHAT IS NOT UP FOR DEBATE THIS EVENING IS WHETHER OR NOT A GROCERY STORE MAKES SENSE HERE.
THAT WAS DECIDED IN 1990 BEFORE THE ASHFORD OAKS RESIDENTIAL NEIGHBORHOOD WAS CONSTRUCTED.
WHAT IS NOT UP FOR DEBATE HERE IS WHETHER OR NOT TRAFFIC WILL BE IMPACTED.
THAT WILL HAPPEN AT THE PLATING STAGE.
AS STAFF SAID, A TRAFFIC IMPACT ANALYSIS HAS BEEN SUBMITTED TO THE STAFF.
WHEN WE MOVE FORWARD, STAFF WILL HAVE SUGGESTIONS THAT WE WILL HAVE TO DO AT THE PLATTING STAGE.
WE DO NOT INTEND IN ANY WAY WHATSOEVER TO SEEK TO VARY ANY REQUIREMENTS THAT THE CITY OF EDMOND HAS FOR DEVELOPMENT OF THIS SITE.
THE PUD ALLOWS FOR A, UH, A GROCERY STORE AND THAT IS SIMPLY NOT UP FOR DEBATE.
SO A SITE PLAN APPLICATION CANNOT BE USED TO STRIP AWAY RIGHTS THAT EXIST PURSUANT TO LEGALLY AUTHORIZED ZONING.
THAT'S WHAT WE HAVE HERE, AN E TWO OPEN DISPLAY COMMERCIAL.
NOW, WHY I WANT TO TALK ABOUT WHAT HAPPENED IN 2015 IS THERE WAS A LOT OF DISCUSSION AND DEBATE ABOUT WHAT A SITE PLAN APPLICATION IS AND WHAT IT IS NOT.
WHEN WE CAME THROUGH IN 2015, WE HAD A WALMART NEIGHBORHOOD MARKET, JUST LIKE YOU HAVE HERE BEFORE YOU.
UM, IT CAME BEFORE PLANNING COMMISSION ON SITE PLAN REVIEW, AND AT THAT TIME THE VOTE WAS TWO TO TWO.
TWO TO TWO WAS DEEMED A DENIAL.
SO WE APPEALED THAT TO THE CITY COUNCIL.
THE CITY COUNCIL IN A VOTE OF TWO TO THREE DENIED IT.
SO WE APPEALED TO THE DISTRICT COURT OF OKLAHOMA COUNTY AT THAT TIME.
WE HAD A SITE PLAN THAT WAS FULLY COMPLIANT WITH ALL REGULATIONS AND ORDINANCES THAT EXISTED ON THE SUBJECT SITE.
WE TOOK THE POSITION THAT WHEN
[00:40:01]
YOU HAVE A SITE PLAN THAT'S FULLY COMPLIANT WITH ORDINANCES, THE DUTY OF THE PLANNING COMMISSION, AND ULTIMATELY CITY COUNCIL, IF IT GETS THERE, IS A MINISTERIAL DUTY.THAT MEANS THERE'S NO DISCRETION AFFORDED THIS BODY OR THE CITY COUNCIL IF IN FACT THE SITE PLAN IS SUBMITTED, THAT CONFORMS TO ALL OF THE RULES.
AND IF YOU THINK ABOUT WHY THAT'S IMPORTANT, THINK ABOUT WHAT ZONING IS.
ZONING IS A DISCUSSION OF COMPATIBILITY.
DOES E TWO OPEN DISPLAY COMMERCIAL AT THIS SITE FIND ITSELF COMPATIBLE WITH SURROUNDING USES? THE ONLY BODY THAT CAN MAKE THAT CHOICE IS OF COURSE THE ELECTED BODY.
THE CITY COUNCIL AND THE CITY COUNCIL IN 1990 APPROVE THE PUD TELLING US THAT DEVELOPMENT UNDER THE E TWO STANDARDS IS COMPATIBLE AND APPROPRIATE AT THIS INTERSECTION.
SO AFTER WE WERE DENIED AT CITY COUNCIL, WE FOUND OURSELVES AT THE DISTRICT COURT.
THE ASFORD OAKS HOA INTERVENED INTO THAT LAWSUIT.
ALL THREE PARTIES FILED CROSS MOTIONS FOR SUMMARY JUDGMENT.
THE DISTRICT COURT RULED AGAINST THE CITY OF EDMOND, RULED AGAINST THE ASFORD OAKS, HOA SIDING WITH MY SIDE.
AND WHAT THE DISTRICT COURT SAID IN THEIR RULING AT PARAGRAPH NINE IS CITY COUNCIL'S DECISION TO UPHOLD THE PLANNING COMMISSION DENIAL BASED UPON BROAD STANDARDS OF PUBLIC HEALTH, SAFETY AND WELFARE WAS ARBITRARY AND UNREASONABLE.
HEALTH, SAFETY, GENERAL WELFARE.
THOSE ARE STANDARDS USED IN LEGISLATIVE DECISIONS.
THIS IS NOT A LEGISLATIVE DECISION.
ZONING DECISIONS ARE WHEN THE BROAD STANDARDS OF HEALTH, SAFETY AND WELFARE COME INTO PLACE, NOT PSYCH BLAME.
FURTHER AT PARAGRAPH 10 OF THE DISTRICT COURT OPINION, THE COURT SAYS THE CITY COUNCIL'S DECISION TO UPHOLD PLANNING COMMISSION'S DENIAL DEPRIVED PLAINTIFF OF ITS PROPERTY RIGHTS.
WELL, WHY THAT'S IMPORTANT IS THOSE PROPERTY RIGHTS WERE VESTED IN SEPTEMBER OF 1990 WHEN THE CITY COUNCIL SAW FIT TO A PROVEN ORDINANCE GRANTING E TWO OPEN DISPLAY COMMERCIAL, THIS PROPERTY VESTED WITH THE RIGHT TO DEVELOP A GROCERY STORE.
NOW OF COURSE, IT'S SUBJECT TO MEETING THE RULES AND REGULATIONS THAT EXIST IN BOTH THE PUD AND THE ZONING ORDINANCE.
BUT WHAT WE HAVE BEFORE YOU IS A SITE PLAN THAT IS FULLY COMPLIANT WITH ALL OF THOSE THINGS.
AFTER THE DISTRICT COURT JUDGMENT, EDMOND AND ASHFORD OAKS APPEALED THE MATTER TO THE OKLAHOMA SUPREME COURT.
THE OKLAHOMA SUPREME COURT TRANSFERRED THAT CASE TO THE OKLAHOMA COURT OF CIVIL APPEALS.
THE OKLAHOMA COURT OF CIVIL APPEALS AFFIRMED THE JUDGMENT OF THE DISTRICT COURT AFFIRMING MY CLIENT'S POSITION, SPECIFICALLY WHAT THEY SAY AT PARAGRAPH 11 WHILE DISCUSSING THE ROLE THAT EDMUND HAS IN SITE PLAN REVIEW SAYS, PURSUANT TO OKLAHOMA STATUTE SECTION 43 DASH ONE 12 CITY'S REVIEW OF DEVELOPER SITE PLAN APPLICATION WAS CONFINED TO DETERMINING WHETHER THE PLAN MET CONDITIONS AND STANDARDS OF THE PUD AND APPLICABLE ZONING ORDINANCES.
FOR THAT REASON, IF DEVELOPER SITE PLAN MET OR EXCEEDED THE REQUIREMENTS OF THE PUD AND APPLICABLE ORDINANCES, CITY'S REVIEW SHOULD BE DEEMED MINISTERIAL.
SO WHAT DOES MINISTERIAL MEAN? WELL, MARIAN WEBSTER'S TELLS US IT MEANS AN ACT DONE IN OBEDIENCE TO A LEGAL ORDER WITHOUT EXERCISE OF PERSONAL JUDGMENT OR DISCRETION.
YOUR ANALYSIS IS A SIMPLE ONE.
DOES THE SITE PLAN BEFORE YOU COMPLY WITH E TWO? DOES THE SITE PLAN BEFORE YOU COMPLY WITH ANY OTHER DEVELOPMENT REGULATION THAT THE CITY OF EDMOND MAY HAVE ON THE BOOKS? IF THE ANSWER IS YES, THE COURT OF CIVIL APPEALS ON THIS EXACT PROPERTY ON THIS EXACT TYPE OF APPLICATION TOLD YOU THE ANSWER IS YOUR DECISION AND YOUR ANALYSIS IS MINISTERIAL, MEANING AGAIN, AN ACT DONE IN OBEDIENCE TO A LEGAL ORDER WITHOUT EXERCISE OF PERSONAL JUDGMENT OR DISCRETION.
ONE OF THE THINGS WE CAN LOOK AT TO SEE IF IN FACT WE MEET THOSE ORDINANCES IS OF COURSE YOUR UNBIASED OBJECTIVE PLANNING STAFF.
THEY HAVE RECOMMENDED APPROVAL OF THIS FOR THE ONLY REASON THAT WE MEET EACH AND EVERY ORDINANCE PROVISION THAT EXISTS FOR DEVELOPMENT OF THIS SITE.
NOW YOU'RE GONNA HEAR ISSUES FROM THE NEIGHBORS ABOUT TRAFFIC.
I SUSPECT, UM, AS STAFF SAID, THAT IS A PLATTING ISSUE.
IF YOU LOOK AT YOUR STAFF REPORT STAFF, UM, IN FACT TELLS YOU UNDER PARAGRAPH 12 OF YOUR STAFF REPORT, PLATTING WILL BE REQUIRED IN ORDER FOR THE DEVELOPMENT TO PROCEED.
THE DEVELOPER WILL BE RESPONSIBLE FOR IMPROVEMENTS TO BOTH COWELL ROAD AND COLTRANE
[00:45:01]
ROAD IN COMPLIANCE WITH THE PLATTING PROCESS BECAUSE THESE REQUIREMENTS ARE ASSOCIATED WITH PLATTING TITLE 21 VERSE SITE PLAN TITLE 22.MANY OF THE ROADWAY COMPONENTS SHOWN ON SITE PLAN WILL NEED TO BE MODIFIED TO MEET PLANNING REQUIREMENTS.
WHAT I'M HERE TO TELL YOU IS WHATEVER YOUR PUBLIC WORK STAFF TELLS US WE HAVE TO DO WITH THE PLANNING PROCESS AS IT RELATES TO TRAFFIC MANAGEMENT, WE WILL MEET, YOU MAY HEAR ABOUT A LANDSCAPE BUFFER THAT THE NEIGHBORHOOD BELIEVED IS REQUIRED.
THE WORDING OF THE PUD AND THIS IS LITIGATED AND DECIDED BY THE COURSE OF APPEALS, THE WORDING OF THE PUD SAYS THERE SHALL BE A 125 FOOT GREEN BELT AREA SURROUNDING THE SUBJECT SITE.
THE WORD SURROUNDING, OF COURSE, MEANS OUTSIDE OF AND NOT WITHIN.
WHAT YOU SEE HERE IS THE 125 FOOT BUFFER IS SATISFIED WITH THE LAND SURROUNDING THE SUBJECT TRACT.
NOW WE HAVE SIGNIFICANT OPPORTUNITY WITHIN OUR SITE PLAN TO LANDSCAPE THIS AND CREATE A ENVIRONMENT THAT IS FULL OF TREES AND COMPATIBLE WITH THE NEIGHBORHOOD.
I THINK IT'S IMPORTANT TO NOTE THAT WHEN YOU LOOK AT THE WAY THAT THE SITE SITS, IT PROVIDES I THINK A WONDERFUL OPPORTUNITY TO BE COMPATIBLE IN THAT WE, THIS SITE SITS DOWN.
SO HERE'S A LINE OF SIGHT EXHIBIT.
SO WHAT WE HAVE HERE IS THE AN, AN AVERAGE HUMAN STANDING HERE LOOKING THIS WAY AND LOOKING THIS WAY.
THE TOP OF OUR BUILDING IS 27 FEET TALL.
SO WHAT DOES THAT MEAN? WELL, WE ARE GONNA HAVE A SIX FOOT TALL FENCE, ALL NEW PLANTINGS THROUGHOUT HERE AND TERRACE LANDSCAPING MOVING DOWN.
IT WILL BE UNABLE TO BE SEEN FROM THE NEIGHBORHOOD.
THE STRUCTURE IS MASONRY PRODUCT, WHICH COMPLIES WITH THE ARCHITECTURAL COMPATIBILITY REQUIREMENT OF THE PUD.
THAT WAS AGAIN, LITIGATED THE LAST TIME THE COURT OF CIVIL APPEALS SPECIFICALLY ADDRESSED THAT, SAYING THAT IN FACT IT WAS COMPATIBLE.
COMPATIBLE DOESN'T MEAN IDENTICAL COMPATIBLE MEANS COMPATIBLE.
SO WHAT IS BEFORE YOU IS A SITE PLAN THAT COMPLIES WITH EVERYTHING THAT THE CITY OF EDMOND HAS FOR DEVELOPMENT REGULATIONS ON THIS SITE.
WE'RE HERE TO ANSWER ANY QUESTIONS.
WE URGE YOU TO FOLLOW THE LAW THAT WAS SET BY THE COURT OF CIVIL APPEALS ON THIS VERY ISSUE, ON THIS VERY PIECE OF PROPERTY AND UPHOLD THE PROPERTY RIGHTS THAT MY CLIENT NOW ENJOYS.
AND EVERYONE SINCE 1990 HAS ENJOYED.
HAPPY TO ANSWER ANY QUESTIONS.
ALRIGHT, COMMISSION, DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT? UH, SO LET ME ASK A QUICK QUESTION HERE.
UH, MR. BOX, WOULD YOUR CLIENT BE WILLING TO REDUCE THE FOOTPRINT OR PARKING LOT TO A SIZE MORE APPROPRIATE FOR LIKE A DOLLAR STORE, DOLLAR TREE, FAMILY DOLLAR, UH, WALMART, DOLLAR WALL, DOLLAR, ANYTHING LIKE THAT? WELL, BECAUSE, BECAUSE WHAT I'M, WHAT I'M GETTING AT IS HERE IS IS JUST THE, THE OVERALL MASS OF IT.
I MEAN OUR, I MEAN IT DOES, IT STILL FITS WITHIN THE POD, BUT I DIDN'T KNOW IF THERE WAS A, UH, SMALLER FOOTPRINT THAT WAS WITHIN THE, UH, WALMART FAMILY FOR THE THE PARKING OR THE BUILDING? UH, FOR THE BUILDING.
FOR THE BUILDING? NO, JUST A SMALLER BUILDING.
NO, THE THE BUILDING'S BEFORE THE IS BEFORE YOU ON THE SIDE PLAN IS WHAT? OKAY.
UM, WE NEED, WHICH AGAIN IS AS YOU KNOW, FULLY COMPLIES WITH THE ORDINANCES.
SO I DID READ THROUGH THAT P AND IT IS, YOU'RE RIGHT, IT'S ONLY THREE PAGES.
UM, SECTION 12 OF THE PUD STATES THAT THE CONCEPT IS TO DEVELOP THIS TRACT IN A MANNER AND ARCHITECTURAL STYLE THAT WILL BE CONSISTENT WITH THE SURROUNDING AREA.
YEAH, THAT'S A, THAT'S WHERE I JUST HAVE A LITTLE CON A LITTLE CONCERN 'CAUSE I DON'T SEE THAT MATCHING THE SURROUNDING AREA.
WELL, WHEN YOU SAY MATCHING, I GUESS, UH, IT COMPATIBLE DOESN'T MEAN MATCHING.
UH, WHAT I WOULD POINT YOU TO IS IN THE COURT CIVIL FUELS OPINION AT PARAGRAPH 12, UH, IT SAYS, AND I QUOTE THE PUD DESIGN STATEMENT PLACES FEW DEMANDS ON THE SUBJECT TRACT CHIEF.
AMONG THOSE REQUIREMENTS ARE THE 125 FOOT GREEN BELT SURROUNDING THE PROPERTY ON THE WEST AND THE NORTH AND THE EDICT THAT THE TRACT IS TO BE DEVELOPED IN A MANNER AND ARCHITECTURAL STYLE THAT WILL BE CONSISTENT WITH THE SURROUNDING AREA.
CITY'S OWN PLANNING, EXCUSE ME, DIRECTOR OF PLANNING AND ZONING, TESTIFIED THAT THE SITE PLANS PROPOSED ARCHITECTURAL STYLE COMPLIES WITH THE PD REQUIREMENTS.
THIS IS THE EXACT SAME ARCHITECTURAL STYLE.
IT IS THE, WHY IS THE COLOR DIFFERENT? I NOTICED IT USED TO BE BRICK, LIKE THE, YOU KNOW, RED IMAGES NOW IT'S THE GRAY WALMARTS KIND OF YEAH.
WHAT THEY'RE GOING INTO THEIR PROTOTYPE AND
[00:50:01]
BLUE.BUT THERE'S NOTHING STOPPING A NEIGHBOR FROM PAINTING THEIR HOUSE THIS EXACT COLOR.
BUT THAT WAS LITIGATED BEFORE.
AND WHAT WE HAVE FROM A COMP COMPATIBILITY STANDPOINT IS A MASONRY BUILDING.
MOST OF THE HOMES ARE OF COURSE MASONRY BEING BRICK.
THERE ARE PLENTY OF FLAT ROOF STRUCTURES.
IN FACT, IN MY MOTION FOR SUMMARY JUDGMENT BELOW, WE ATTACHED AN EXHIBIT SHOWING ALL OF THE DIFFERENT FLAT ROOF SINGLE FAMILY RESIDENTIAL HOMES THAT EXIST WITHIN A COUPLE MILE RADIUS.
SO THAT'S WHY THE COURSE OF APPEAL SAID THIS EXACT ARCHITECTURAL STYLE IS IN FACT COMPATIBLE WITH, WITH PARAGRAPH 12 OF THE PED.
UM, SO I'VE GOT THE REVIEW CRITERIA HERE FROM THE CODE AND UM, I'M NOT GONNA ARGUE ANYTHING YOU, YOU SAID EARLIER, BUT THERE ARE THREE ITEMS IN THE REVIEW CRITERIA.
SO SUBSECTION DD THREE, D FOUR, D FIVE, UH, THE SAFE PUBLIC HEALTH SAFETY WELFARE.
I THINK YOU KIND OF MENTIONED THAT THE VISUAL COMPATIBILITY HE KIND OF JUST DISCUSSED, BUT I STOOD ON THAT CORNER.
I DIDN'T SEE ANY, UH, 12 BY SIX OR EIGHT GRAY CENTER BLOCK BUILDINGS ANYWHERE.
UH, I EVEN TOOK THE LIBERTY AND TAKING A TEE TIME AT FAIRFAX, DIDN'T SEE ANY.
UM, SO I WANT YOU TO DISCUSS THAT IN A LITTLE BIT MORE DETAIL THAN WHAT YOU JUST DID.
AND THEN NUMBER FIVE, MY PRIMARY CONCERN THAT INGRESS EGRESS INTERNAL TRAFFIC CIRCULATION.
UM, SO IT DRIVES ME NUTS WHEN PEOPLE DO THIS WHENEVER THERE'S A CONGESTED INTERSECTION THEY CUT THROUGH THE NEAREST PARKING LOT, UH, MYSELF AS A RULE FOLLOWER, IT MAKES MY BLOOD BOIL WHEN I SEE A CAR CUT AN INTERSECTION.
UM, I CAN SEE WITH HOW THIS INTERSECTION ALREADY PLAYS OUT.
I GET THAT HAS NOTHING TO DO WITH YOUR SITE PLAN, BUT PEOPLE CUTTING THROUGH YOUR SITE THAT WILL HAVE A SAFETY ISSUE THAT I'M CONCERNED BY.
NOW, I WAS HIT BY A CAR WHILE RUNNING AROUND UCO WHEN I WAS IN COLLEGE.
SO PARTLY WHEN SOMEONE, A PEDESTRIAN IS CROSSING RIGHT HERE DURING THIS OR WHEREVER ENTRANCE IS THIS TURN LANE, IF SOMEONE'S GUNNING IT LEFT IN AND OUT, UH, I BELIEVE THAT DOES CREATE A SAFETY ISSUE WITHIN YOUR SITE THAT HAS NOTHING TO DO WITH COVILLE OR COLTRANE.
UM, SO I THINK THAT'S THE VISUAL COMPATIBILITY.
UM, I DON'T THINK THAT'S AS SUBJECTIVE AS WE THINK IT IS.
AND THEN THE INGRESS, EGRESS AND INTERNAL TRAFFIC CIRCULATION, WHICH, UH, IS IN THE REVIEW CRITERIA.
NUMBER FIVE, UH, THAT IS SOMETHING THAT, UH, I DON'T BELIEVE THIS SITE PLAN, UH, CHECKS THAT BOX FOR ME.
IS IT PUD CRITERIA? UH, THE SITE PLAN? YEAH.
SO SITE PLAN REVIEW, ALL I CAN TELL YOU IS AS IT RELATES TO INGRESS AND EGRESS AND CIRCULATION, WHATEVER THE CODE SAYS IS REQUIRED, WHATEVER YOUR PUBLIC WORKS DEPARTMENT SAYS IS REQUIRED IS WHAT WE WILL MEET.
IF THERE ARE SLIGHT ADJUSTMENTS THAT ARE NEEDED AT THE PLANNING STAGE, THOSE WILL BE MET.
THE REFERENCE TO HEALTH AND SAFETY, I WILL AGAIN, UH, REVERT BACK TO THE COURT OF CIVIL APPEALS OPINION.
IN PARAGRAPH 15, COURTS HAVE BEEN LESS WILLING TO ALLOW LOCAL GOVERNMENTS TO USE THE PUBLIC HEALTH SAFETY AND WELFARE CONCERN TO JUSTIFY SITE PLAN DISAPPROVALS.
THE REASON IS OBVIOUS SITE PLAN REVIEW IS MINISTERIAL DECISION THAT FOLLOWS FROM THE APPLICANT'S DEMONSTRATED COMPLIANCE WITH SPECIFIC STANDARDS.
THE PUBLIC HEALTH SAFETY AND WELFARE STANDARD IS A BROAD STANDARD THAT DEMANDS EXERCISE OF DISCRETION.
FOR THIS REASON, THE COURT CAN USUALLY RULE THAT IT'S ARBITRARY AND CAPRICIOUS TO DENY A SITE PLAN APPROVAL ON GROUNDS OF PUBLIC HEALTH, SAFETY AND WELFARE.
SO I I I DON'T IF THAT COMES FROM THE ORDINANCE, I'M NOT SURE.
WHAT I CAN TELL YOU IS THERE'S NOT A PROVISION OF THIS SITE PLAN THAT FAILS TO CONFORM TO ANY OBJECTIVE STANDARD THAT EXISTS WITHIN EDMOND'S MUNICIPAL ORDINANCE.
IT WAS LITIGATED FOR THREE YEARS AFTER THE COURT OF CIVIL APPEALS OPINION, EDMOND AND THE NEIGHBORS SOUGHT A PETITION FOR CERT AT THE, AT THE STATE SUPREME COURT THAT WAS DENIED BY THE STATE'S SUPREME COURT, MEANING THE COURT OF CIVIL APPEALS OPINION ISSUED ON JUNE 30TH, 2017 IS WHAT IS ON THIS PIECE OF PROPERTY.
SO IN TERMS OF YOU NOT SEEING ANOTHER CINDER BLOCK BUILDING COMPATIBILITY DOESN'T HAVE TO MEAN THERE HAS TO BE ANOTHER ONE NEXT TO IT.
WHAT IT MEANS, I THINK, IS IT'S A MASONRY PRODUCT.
THE PRODUCT WE ARE USING IS SPECIFICALLY AUTHORIZED UNDER EDMOND'S ORDINANCES.
THIS IS WHAT THE STATE COURT OF CIVIL APPEALS TOLD US.
THAT ISSUE WAS LITIGATED AD NAUSEUM.
THAT EXACT ISSUE, THAT EXACT ARGUMENT FAILED BOTH AT THE DISTRICT COURT AND THE
[00:55:01]
COURT OF CIVIL APPEALS.UH, I THINK SOME OF THE EMAILS THAT WE RECEIVED WERE, UH, IN CONNECTION TO THE, UH, UNPROTECTED LEFT TURN.
I KNOW WE'RE NOT TALKING, THAT'S NOT A SITE PLAN, BUT THAT IS, I I DIDN'T KNOW IF YOU COULD ADDRESS THAT, THAT, UH, THAT WILL BE ADDRESSED IN THE, UM, PRELIMINARY PLAT.
BUT, UH, I KNOW THAT THAT'S GONNA COME UP IN THEIR COMMENTS.
UH, ANY THOUGHTS ON THE LEFT TURN THAT HAS TO BE DONE INTO YOUR SITE? HOW AND GO AHEAD.
I MEAN, I WOULD, YOU KNOW, DEFER TO TO TO STAFF, RIGHT? I THINK THEY'RE STILL ANALYZING THE TRAFFIC IMPACT ANALYSIS AND WHATEVER STAFF TELLS US IS NECESSARY BASED UPON THEIR EXPERTISE AND THAT OF THE, THE TIA IS WHAT YOU'LL SEE.
ANY OTHER QUESTIONS FOR THE APPLICANT? ALRIGHT, THANK YOU MR. BOX.
UM, LET ME MAKE A LITTLE STATEMENT HERE BEFORE WE, UH, OPEN THIS UP FOR, UH, FOR YOUR, YOUR COMMENTS.
UM, I RECEIVED MORE THAN, UH, 70 EMAILS REGARDING THIS PROJECT.
I WISH I HAD ONLY RECEIVED 70
YEAH, WELL, YOU'RE MORE POPULAR THAN I AM.
UM, UNFORTUNATELY I RECEIVED MORE THAN 70 EMAILS REGARDING THIS PROJECT, AND I CAN GLADLY SAY THAT ALL WERE SEVERAL.
AND, AND I KNOW THAT THERE ARE A LOT OF PEOPLE HERE THAT, UH, UH, WOULD LIKE TO MAKE COMMENTS AND WE CONSIDERED LIMITING COMMENTS TO THREE MINUTES OR A SHORT PERIOD OF TIME, BUT DECIDED AGAINST IT AND ONLY WANTED TO ASK THAT YOU BE BRIEF IN YOUR COMMENTS, ESPECIALLY IF, UH, UH, ONE OF YOUR NEIGHBORS HAD ALREADY MENTIONED THE ITEM.
UH, PROBABLY DOESN'T MEAN TO THAT YOU NEED TO MENTION IT IN DETAIL AGAIN, JUST SAY DITTO OR, OR I AGREE OR SOMETHING LIKE THAT.
BUT YOU MUST LIMIT YOUR COMMENTS TO THE SITE PLAN REVIEW, NOT THE APPLICANT'S BUSINESS PLAN.
YOU KNOW, EVEN THOUGH THERE'S A CREST DOWN THE STREET, DON'T WANT TO HEAR ABOUT IT.
I'LL HEAR ABOUT IT, BUT IT'S NOT NECESSARY.
A SIMILAR PLAN WAS PRESENTED IN, UH, 2015 WAS, WAS DEEMED APPROPRIATE BY THE COURTS, BUT UH, NO FURTHER ACTION WAS TAKEN.
AND SO NOW WE HAVE A NEW SITE PLAN BEFORE US, AND THAT'S WHY WE'RE GOING THROUGH THIS EXERCISE AGAIN.
SO ARE THERE ANY COMMENTS FROM THE PUBLIC? OKAY, I'LL JUST, UH, SIR, WHY DON'T YOU START HERE THEN I'LL TRY TO WRITE DOWN THE QUESTION IF YOU GUYS CAN HELP ME.
I LIVE AT, UH, 21 MISSION ROAD.
AND I'M, UH, NOT GONNA SPEAK DIRECTLY TO YOUR PLAN OR THE APPROVAL OR DISAPPROVAL OF IT.
THERE'S A FEW POINTS THAT, UH, I CAN APPRECIATE.
UM, THE CONCERN FOR THE TRAFFIC FLOW, UH, TRAFFIC LIVING AT 2,400 MISSION ROAD IS JUST OFF THE ENTRANCE, UM, ON CAVELL OR OFF ON ON COLTRANE, WHICH IS THE FIRST ENTRANCE DOWN FROM CAVELL.
AND I'M ASSUMING THAT THE NEIGHBORHOOD WALMART WILL BE ADDRESSING THE FOUR SECTION, THE INTERSECTION OF THE FOUR NORTHEAST, SOUTH, AND WEST LOCATION WHERE THE STOPLIGHT IS.
THAT WILL BE THEIR MAINSTAY OF THE TRAFFIC FLOW.
I MOVED HERE IN 2019 FROM WEST VIRGINIA PRIOR TO THAT, PRIOR TO THE, THE, THE FURTHER DEVELOPMENT THAT'S OUT NEAR THE CINEMAS.
AND THEN PRIOR TO THAT TRAFFIC LIGHT BEING INTRODUCED, THAT TRAFFIC FLOW WAS VERY GENERAL AND IT WAS EASY.
WHAT I HAVE FOUND, LIVING WHERE I LIVE, UM, AND I HAVE FOUR KIDS AND I LIVE THE SECOND HOUSE UP IN THE SUBDIVISION ON THE CORNER, UM, WE NOW HAVE THE, THE INCREASED TRAFFIC FLOW TO AVOID THE MESS OVER NEAR SOONER IS WE'RE STARTING TO GET CARS THAT CUT THROUGH OUR NEIGHBORHOOD.
UM, SO ALL I WOULD ASK THAT IF THIS IS GONNA BE IN CONSIDERATION, IF YOU LOOK AT THE, THE LEAD UP ON BOTH, I GUESS COVELL COMING WEST AND NORTH COLTRANE COMING FROM THE SOUTH, THOSE ARE BOTH TWO LANE ROADS.
AND I KNOW FROM THE DISTANCE OF THAT TRAFFIC LIGHT TO THE, THE VERY NEXT TRAFFIC LIGHT WE'RE LOOKING AT, AT, YOU KNOW, TWO LANES, TWO THIRDS OF THE WAY.
SO IF THAT'S GONNA BE A CONSIDERATION, I THINK IF WE'RE GONNA EMPLOY THIS OPPORTUNITY TO THE, TO THE LANDOWNER AND TO WALMART, I THINK THE INFRASTRUCTURE THAT NEEDS TO BE IN PLACE ON BOTH CAVELL ON THE NORTH SIDE AND THE SOUTH SIDE OF THE TRAFFIC LIGHT, AND THEN ON THE WEST SIDE OF THE TRAFFIC LIGHT TO DIMINISH THE, THE AMOUNT OF TRAFFIC AND CUT THROUGH TRAFFIC SHOULD BE WIDENED.
AND I THINK THAT SHOULD BE A CONSIDERATION BY THE PLANNING COMMISSION, AND THAT SHOULD NOT BE A BURDEN ON THE CITIZENS OR THE PUBLIC TAX TALK TAX
[01:00:01]
DOLLARS.UM, MY NEXT POINT IS, UM, ONE OF THE THINGS AS A RESIDENT, I'M NOT GONNA BRING UP HOME VALUES.
I'M, NONE OF THAT IS AS MUCH OF A CONCERN TO ME IS WHEN I WALK OUT MY BACK PORCH RIGHT NOW AND I'M LOOKING AT THE, THE SKY, I CAN SEE THE STARS AND I WOULD LIKE TO KNOW WHAT WALMART IS PLANNING TO DO.
THEY SAY THAT THEY'RE, THEY'RE COMPLYING WITH EVERYTHING ON ALL FOUR CORNERS.
SO YOU HAVE SUBDIVISIONS THAT SURROUND THIS ENTIRE AREA, BUT WHAT YOU DON'T HAVE IS LIGHT POLLUTION.
AND WE, WE WILL INCUR LIGHT POLLUTION DIRECTLY FROM THE LED LIGHTS THAT THEY'LL BE SUBMITTING OR IMPLANTING UPON THAT PROPERTY.
AND MY LAST POINT THAT I'D LIKE TO MAKE FOR CONSIDERATION IS I UNDERSTAND WE WE'RE TALKING ABOUT THE DRAINAGE AND THEY'RE GONNA INCUR THE COST FOR THE DRAINAGE AND STORM WATER.
IS THAT THE INCREASED WATER FLOW FROM THE LOW SLOPE ROOF THAT'S GONNA BE INSTALLED ON THAT PARTICULAR BUILDING AND ACROSS THE ASPHALT THAT'S THERE.
AND THEN IN ADDITION, WHAT WILL BE THE MP EPA IMPACT WITH THE WATER DISCHARGE AND THE OIL STAINING THAT'S HAPPENING ON THOSE TYPE OF LOTS? DO WE HAVE, YOU KNOW, THE INFRASTRUCTURE IN PLACE TO HANDLE THIS, THE INCREASED SPEED FOR THE WATER FLOW FROM THAT PARTICULAR LOCATION? BECAUSE ALTHOUGH THIS WALMART WILL BE SITTING 30 FEET LOWER THAN EVERYTHING AROUND IT, I DON'T KNOW WHEN THE LAST TIME YOU ALL PLAYED EDMOND GOLF CLUB, BUT IT IS COMPLETELY WASHED OUT.
AND TO ME, IF WE'RE GONNA PUT THE INFRASTRUCTURE TO YOU AND TO THE CITY AND TO THE RESIDENTS OF EDMOND, IF YOU'RE GONNA ADD INFRASTRUCTURE, YOU'RE GONNA NEED TO ADD IT ALL THE WAY DOWN THAT COURSE TO INCREASE WATER FLOW BECAUSE YOU HAVE A SUBDIVISION THAT'S BEING BUILT ON THE BACKSIDE OF THAT, THAT LOCATION.
YOU HAVE TWO SUBDIVISIONS THAT HAVE BEEN ADDED, UM, ON COVELL ON THE NEW FOUR LANE.
THEN YOU HAVE ALL THE INCREASED WATER FLOW FROM THE FOUR LANE THAT'S BEEN ADDED, AND THE SPEED OF WATER IS EVERYTHING.
NOW, THE ONE THING THAT NATURE DOES IS IT SLOWS DOWN WATER, IT GIVES GROUND AND OPPORTUNITY TO ABSORB WATER.
AND YOU HAVE A COUPLE OF OPTIONS HERE.
YOU CAN DIG A REALLY DEEP PIT FOR A SPILLWAY, WHICH CAN PRODUCE, YOU KNOW, UM, YOU CAN END UP WITH, YOU KNOW, SIGNIFICANT MOSQUITO INFESTATION, ET CETERA.
BUT THE END RESULT IS THAT WILL SLOW THE WATER FLOW.
BUT THE, THE LAST CONCERN IS THE LONG-TERM EFFECT OF THE MAINTENANCE OF THAT WATER THAT'S GONNA BE DISCHARGED OFF OF THAT PROPERTY AND ALL THE ASSUMING PROPERTIES DOWN BELOW IT.
SEE, I SIT UP ABOVE IT, BUT WHAT I DO SEE IS THAT MY NEIGHBOR, WHICH SITS ACROSS FROM US ON NORTH COVELL, HIS ENTIRE FRONT YARD FLOODS.
AND IF YOU GO DOWN NORTH COVELL RIGHT NOW BETWEEN DANFORTH, I'M SORRY, NOT COVELL, COLTRANE, IF YOU GO BETWEEN, UM, DANFORTH AND COVELL ON THE LEFT HAND SIDE, THEY JUST REPLACED THE ENTIRE CULVER THAT JUST RECENTLY WASHED OUT BECAUSE THE WATER SPEED HAS INCREASED TO SUCH A POINT THAT NOW WE HAVE A BIG BACKUP ON, ON THE, ON, ON, UH, ON NORTH COLTRANE BELOW MY ENTRANCE.
AND THAT'S GONNA HAPPEN FURTHER.
AND THE POINT OF THE INTERSECTION THAT WE'RE TALKING ABOUT IS THE LOWEST POINT IN THAT PARTICULAR AREA BEFORE IT HITS THE GOLF COURSE AND CONTINUES TO FLOW.
SO THAT'S GONNA BE A SIGNIFICANT, UM, STORM WATER IMPACT.
IT'S GONNA BE A MAINTENANCE AND ONGOING COST OF INFRASTRUCTURE TO THE RESIDENTS HERE IN THE CITY OF EDMOND.
BUT MOREOVER, UH, TO ME,
BUT IF YOU'RE GONNA EX, IF YOU'RE GONNA IF GO THAT FAR INTO IT, I WOULD APPRECIATE IF YOU TAKE A LOOK AT THE INFRASTRUCTURE OF TRAFFIC FLOW, UM, BETWEEN THE LIGHTS ON DANFORTH AND CAVELL AND THEN FROM, UM, CAVELL ALL THE WAY UP TO, I THINK THAT'S, IS THAT WATERLOO, THAT'S NEXT OR, YOU KNOW, NORTHEAST, SOUTH AND WEST? I MEAN, I THINK THAT ALL OF THOSE THINGS HAVE TO BE TAKEN INTO ACCOUNT AND THEN I WOULD LIKE TO SEE SOME SORT OF A, A LIMITED STORE HOUR DAYLIGHT PLANNING, SOMETHING THAT'S TRULY NEIGHBORHOOD TO WHERE, YOU KNOW, LIGHTS CAN BE TURNED DOWN OR WE CAN MINIMIZE THE NUMBER OF LIGHTS AT NIGHT.
SO THAT TRULY YOU'RE, YOU'RE MATCHING THE INFRASTRUCTURE, WHICH YOU'RE USING ETHOS IS WHAT I'M ASSUMING, WHICH IS TYPICAL, WHICH IS NOTHING MORE THAN STYROFOAM THAT'S COATED WITH A LITTLE MASONRY PRODUCT AND PAINTED.
SO THAT'S NOT TRULY A BLOCK BUILDING.
[01:05:01]
BUT LASTLY, LET'S WRAP IT UP A LITTLE BIT.I APPRECIATE YOU THE, THE COMMISSION TAKING THIS INTO ACCOUNT AND, UH, THANK YOU FOR YOUR TIME.
THANKS ONE, THOSE ISSUES, NOT ANY OF THOSE.
I LIVE, UM, IN SLE CHASE ROAD.
UM, AND UM, I APPRECIATE THE HISTORY THAT YOU PROVIDED ON THE PROJECT.
I WASN'T AWARE OF EVERYTHING THAT HAD BEEN GOING ON.
UM, LOOKING AT YOUR SITE PLAN, EVERYTHING THAT THE LAST MAN, UH, MENTIONED WAS REALLY HELPFUL.
UM, WHAT IS YOUR PLAN FOR THE FLOOD PLAN OVER THERE? AND DO WE GET THOSE ANSWERS TONIGHT OR DO WE GET HIS CONTACT INFORMATION? I JUST KIND OF WANNA UNDERSTAND HOW WE GET FEEDBACK AND RESPONSES FROM THE QUESTIONS THAT ARE BEING ASKED.
NO, THAT'S A GREAT, THAT'S A GREAT QUESTION.
UH, WE, HE WILL ANSWER THE QUESTIONS AS REGARD TO SITE PLAN, UH, THE DRAINAGE AND, UH, ROAD CONSTRUCTION WILL BE IN THE, UH, PLAT.
AND, UH, I DON'T, KEITH WILL YOU ANSWER ANY, UH, DRAINAGE, FLOOD PLAN, FLOOD FLOODPLAIN, OR ANY THAT I CAN'T ANSWER THAT.
UH, THEY WILL BE REQUIRED TO MEET EVERYTHING IN TITLE 23 AND WHICH REQUIRES THAT THERE'S NO RISE IN THE FLOOD PLAIN.
IF THEY CANNOT ACHIEVE THE NO RISE IN THE FLOOD PLAIN, THEN THEY WOULD'VE TO GO BEFORE THE STORMWATER DRAINAGE ADVISORY BOARD AND THE CITY COUNCIL FOR A VARIANCE.
AND THAT'S WHY I PUT THE NOTE IN THE STAFF REPORT, BECAUSE LIKE I SAID, AT THE POINT WE HAVE NOT RECEIVED, YOU'RE GONNA HAVE TO REPEAT EVERYTHING
IF, IF YOU COULD ADDRESS, UH, JUST, UH, NOT ONLY THEIR SITE PLAN, BUT, UH, ANY, UH, BRIEFLY THE, THE SURROUNDING AREA AS FAR AS ANY, UH, MAINTENANCE THERE WITH THE, UH, WITH THE DRAINAGE.
HE WAS TALKING ABOUT THE CULVERT AND THE OTHER, OTHER PARTS OF COVE AND, AND COLTRANE.
UH, ON THE CULVERTS UNDER COLTRANE, THEY DID NOT WORK OUT.
THEY WERE ACTUALLY RUSTED OUT.
THEY RUSTED OUT DUE TO AGE, AND THAT'S WHY THE CITY HAD TO REPLACE THE CULVERTS UNDER COLTRANE.
IT WASN'T BECAUSE THEY WERE WASHED OUT, IT WAS JUST SIMPLY AGE AND THEY RUSTED OUT AND OR FAILED.
UH, IF YOU COULD RESPOND TO THE, UH, UM, THE DRAINAGE ON THE SITE.
UM, THEY'LL HAVE TO MEET TITLE 23.
THE, UH, DEVELOPED FLOW WILL HAVE TO BE LESS THAN OR EQUAL TO DISTORT FLOW FROM THE PROPERTY.
THEY DO HAVE DETENTION PROPOSED ON THE SITE.
WE HAVE REVIEWED THAT THEY MEET OUR TITLE 23 REQUIREMENTS WITH THEIR DETENTION.
WHERE IS THAT SHOWN ON THE FLAT, UM, PARKING LOT.
IT, IT'S UNDERGROUND IN THE PARKING LOT, BUT AM I STILL NOT WORKING? IS YOUR PARKING LOT PERMEABLE PAVEMENT OR HOW YOU GUYS DO DETENTION ON THE GROUND? ARE YOU DOING STORM SEWER INLETS AND IT'S GOING DOWN BELOW THE DETENTION? WE HAVE A LASER POINT, CORRECT ME IF I'M WRONG.
YEAH, YOU'RE HONOR, BUT IT'S, THE DETENTION IS RIGHT HERE UNDER THE PARKING LOT, AND I, THEY DO NOT HAVE IMPERVIOUS PAVEMENT PROPOSED, BUT IT, THEY DO HAVE INLETS THAT'LL PUT THE WATER INTO THE DETENTION, AND SO THEY WILL, THEY, THE DETENTION AS DESIGNED IS MEETING OUR TITLE 23 REQUIREMENTS.
SO THEIR DISCHARGE OR DEVELOPED DISCHARGE IS LESS THAN OR EQUAL TO THE HISTORIC DISCHARGE.
UH, GOING BACK TO THE FLOOD PLAIN, THE CITY OF EDMOND TITLE 23 REQUIRES NO RISE IN THE FLOODPLAIN WITHOUT A VARIANCE.
UH, THEY HAVE, THEY'RE WORKING ON IT.
I THINK THEY MAY HAVE GOT IT DONE, BUT THEY HAVEN'T SUBMITTED THE FLOOD STUDY FOR, UH, TO US ON THIS FOR THE DRIVE LOCATION.
AND THAT'S WHY I PUT IN THE STAFF REPORT WHAT WE PUT IN THAT, UH, IF THEY CAN'T GET A NORIS, THEN THEY'D HAVE TO GO BEFORE SWAB AND THE STORMWATER DRAINAGE ADVISORY BOARD AND COUNCIL FOR A VARIANCE.
AND IF THEY COULDN'T GET THE VARIANCE, IF THEY CAN'T MEET THE NORIS, THEN THEY'D HAVE TO LOOK AT MOVING THE DRIVE TO THE NORTH.
SO THAT, THAT'S WHY WE PUT THAT IN THERE.
WE'LL BE LOOKING AT IT ALONG WITH THE PLATING PLATTING PROCESS FOR THE WIDENING OF THE ROAD.
LIKE I SAID, THEY'VE BOTH SUBMITTED THE TRAFFIC ANA TRAFFIC IMPALA ANALYSIS, AND WE'RE LOOKING AT THAT, AT WHAT'S GOING TO BE REQUIRED FOR THEIR ROAD WIDENING AND FOR THE ROAD
[01:10:01]
IMPROVEMENTS.OH, HOW ABOUT THE GUY BEHIND YOU? ANTHONY TOMPKINS IN THE WINDMILL ESTATES.
AND, UH, I JUST WANTED TO REITERATE THAT, UH, THEY PRETTY MUCH COVERED EVERYTHING THAT I WANTED TO SAY, BUT I DID HAVE, UH, ADDITIONAL CONCERN, UH, WHETHER OR NOT THERE WAS AN ENVIRONMENTAL STUDY DONE ON THIS, THE DISPLACEMENT OF DEER AND OTHER ANIMALS THAT MAY BE, UM, AFFECTED BY THESE CHANGES.
UM, AS YOU KNOW, WE HAVE A LOT OF THAT KIND OF ACTIVITY OUT IN THAT PART OF EDMOND UP IN NORTH CENTRAL EDMOND.
AND, UH, IT JUST, IT'S GETTING WORSE.
I MEAN, AS FAR AS THE SAFETY FACTOR, AND I KNOW THAT THIS GENTLEMAN HERE WAS TALKING ABOUT THE SAFETY FACTOR, BUT WE'VE HAD A LOT OF CARS THAT HAVE IMPACTS WITH THESE DEER LATE AT NIGHT.
AND, UH, THAT'S JUST ANOTHER ASPECT IS THAT WE'RE CHASING THEM OUT OF THEIR DOMAIN AND TAKING IT AS OUR OWN.
I'M THE ASHFORD OAKS HOMEOWNERS ASSOCIATION PRESIDENT REPRESENTING 218 HOUSES.
WAS ASKED BY THE BOARD TO SPEAK TONIGHT, SO MAYBE WE DIDN'T HAVE 218 HOMEOWNERS IN LINE.
AS DAVID SAID, THIS HAS BEEN LITIGATED SINCE 1990.
UH, IT'S THE SAME 44,000 SQUARE FOOT GROCERY STORE, UM, THAT THE PUD THAT GOVERNS THIS SITE IS, IS NOW 35 YEARS OLD.
UH, EDMOND HAS CHANGED COVE AND COLTRANE HAS CHANGED.
UH, THE CITY ITSELF HAS CHANGED, UH, SINCE 1990 WHEN IT WAS APPROVED.
UH, THE CITY RETAINS THE RIGHT TO DETERMINE HOW TRAFFIC IS GONNA FLOW ACROSS THE CITY, AND THAT'S WHAT I WANTED TO TOUCH ON.
UH, THERE'S BEEN NO COMMUNITY CONNECTION MEETING.
UH, THERE'S NOT ONE REQUIRED, BUT THERE ARE A LOT OF THINGS THE CITY DOESN'T KNOW AND THE RESIDENTS DON'T KNOW.
UH, ASH OAKS ABUTS THE SENSITIVE BORDER TO THE WEST, THE THE ENTIRE THING TO, TO THE WEST.
IS THIS GONNA BE OPEN 24 HOURS? WE DON'T KNOW.
ARE THERE OUTSIDE SPEAKERS? THERE IS PROHIBITED IN THE PUD, BUT THEY WERE IN THE LAST PLAN.
UH, WILL THERE BE DRONE DELIVERIES AS WAS DISCUSSED LAST TIME? WILL THEY BE FLYING OVER THIS HOME SURROUNDING, WE DON'T KNOW.
WILL THIS BE AN ONLINE FULFILLMENT CENTER, WHICH INCREASES TRAFFIC COUNT BEYOND THAT OF A REGULAR, UH, WALMART, UH, NEIGHBORHOOD MARKET? HOW MANY SEMI TRUCKS WILL BE TURNING INTO AND OUT OF THE SITE EVERY DAY? WHAT WILL THOSE TRUCKS DO TO TRAFFIC AT THIS FAILING INTERSECTION? THE LAST, UH, LEVEL OF SERVICE FOR THE TRAFFIC STUDY FOR THAT INTERSECTION WAS F FAILING DURING NOVEMBER, 2014.
UH, I'VE BEEN TO MOST EVERY ONE OF THESE MEETINGS SINCE 1990, AS HAVE MANY OF THE PEOPLE IN THIS ROOM.
UH, THE THEN CITY ENGINEER SAID THERE SIMPLY ISN'T ENOUGH ROOM AT THIS INTERSECTION TO HAVE SUFFICIENT TURN BAYS ACCELERATION DECELERATION, AND THE ABILITY TO ACCOMMODATE EDMOND'S FUTURE TRAFFIC.
HE SAID THE INTERSECTION IS MOST CHALLENGING BECAUSE OF THE FLOODPLAIN, THE UTILITY REQUIREMENTS, AND ITS NARROW WIDTH.
THIS INTERSECTION IS UNIQUE TO ANY ACROSS COVE.
PAGE SIX OF EDMOND'S TRAFFIC CONTROL MANAGEMENT POLICY ADOPTS THE PRINCIPLES OF THE INSTITUTE OF TRANSPORTATION ENGINEERS.
IT'S SPECIFICALLY ADDRESSES LAND USE.
IT SAYS, I'LL QUOTE PLANNERS WHO HAVE USUALLY FOCUSED ON LAND USE WILL FIND THE NEED TO PAY CLOSER ATTENTION TO THE IMPACTS OF TRAFFIC FOR THEIR WORK.
THE CORONER IS ZONED FOR A GROCERY STORE, BUT THE CITY HAS TO, UH, ACCOUNT FOR THE IMPACT THE TRAFFIC WILL HAVE.
UH, THE CITY'S MASTER TRANSPORTATION PLAN IS ALREADY BEING IMPLEMENTED ACROSS EDMOND COBELL IS UNIQUE.
IT'S BEEN DESIGNATED AS A MAJOR ARTERIAL.
THE CITY SPENT $281,000 IN 2007 TO DEVELOP THIS MASTER TRANSPORTATION PLAN.
IT WAS DESIGNED TO BE 25 YEARS.
LOOKING FORWARD FOR A LONG-TERM VISION, THERE'S A TABLE FOUND ON 2.9 DASH 2.2 THAT SPECIFICALLY ADDRESSES TRAFFIC ON COVE FOR THIS ONE MILE STRIP BRYANT THE COLTRANE.
IN 2007, IT REVEALED TRAFFIC ANNUAL INCREASE FOR THAT ONE MILE WAS 16.9%.
THOSE FIGURES WERE UPDATED BY THE CITY IN 2015 IN ITS INTERSECTION.
TRAFFIC REPORT FOUND ON THE WEBSITE, IT DETERMINED TRAFFIC COUNTS ON COVE AND COLTRANE JUNKS 24% FROM TWO, UH, 2009 TO 2015.
TRAFFIC'S ONLY GOTTEN WORSE JUST 12 MONTHS AGO.
IN JUNE OF 2024, THE CITY ENGINEER STATED
[01:15:01]
IN THE PUBLIC GO BOND PROJECT PROPOSAL THAT TRAFFIC THROUGH THIS INTERSECTION HAD INCREASED BY 100% FROM 2014 TO 2022 WITH A TRAFFIC COUNT OF 24,400 CARS TRAVELING THROUGH THE INTERSECTION DAILY.THOSE ARE THE CITY'S ON FIGURES.
WHAT WILL THIS PROPOSED PLAN DO TO THE INTERSECTION? WE DON'T KNOW? HOW CAN WE APPROVE THEIR PLAN BEFORE WE KNOW WHAT IT'S GONNA DO TO THIS UNIQUE AND CRITICAL INTERSECTION? WE LEARNED IN THE PAST LITIGATION THAT THINGS WERE PROMISED THAT WERE NEVER PROVIDED, NEVER CAME TO FRUITION.
SO I BELIEVE THE CITY AND THE RESIDENTS OF EDMOND NEED TO KNOW WHAT THIS PLAN WILL DO BEFORE IT'S APPROVED.
UH, IN 2015, THIS, UH, CITY'S STRATEGIC PLAN SET A BENCHMARK, AND THE BENCHMARK WAS TO PURSUE ENGINEERING OF LONG RANGE TRANSPORTATION IMPROVEMENTS THAT SUPPORTS THE MASTER TRANSPORTATION PLAN'S GOAL FOR LONG-TERM TRANSPORTATION IMPROVEMENT.
BUT THIS PROJECT CREATES IMMEDIATE AND LONG-TERM TRAFFIC PROBLEMS THAT CAN'T BE UNDONE ONCE IT'S APPROVED.
THE CITY'S ALREADY SPENT TENS OF MILLIONS OF DOLLARS TO STRATEGICALLY IMPROVE TRAFFIC FLOW ACROSS EDMOND BY DESIGNING, UH, DESIGNATING COVE AS A MAJOR ARTERIAL.
THE MASTER TRANSPORTATION PLAN DEFINES WHAT A MAJOR ARTERIAL IS.
IT'S IS A FOUR-LANE THROUGH ROAD WITH RAISED MEDIANS TO PREVENT LEFT HAND TURNS.
UM, CHRISTIE, CAN WE DO IMAGE ONE PLEASE? SO THE CITY'S PLAN IS NOT ASPIRATIONAL.
IT'S ALREADY BEEN IMPLEMENTED FROM I 35 TO FAIRFAX ESTATES TO THE EAST.
THIS IS COVELL, AND SOONER IT'S JUST ONE MILE EAST OF THE INTERSECTION, YOU SEE FOUR LANES FOR THROUGH TRAFFIC AND AN UNBROKEN MEDIAN TO PREVENT TURNING VEHICLES.
THE CITY'S MASTER TRANSPORTATION PLAN IS BEING SUCCESSFULLY IMPLEMENTED AT THE NEW MULTI-USE COVE CROSSING DEVELOPMENT.
IT HAS A FOUR LANE THROUGH LANE WITH RAISED MEDIANS, BUT THERE'S A TRAFFIC LIGHT TO MANAGE TRAFFIC INGRESS AND EGRESS FROM THAT MULTI-USE FACILITY.
THEIR ENTRYWAY IS FOUR LANES, NOT THE SINGLE LANE EACH WAY THAT WALMART IS PROPOSING ON COVE.
CHRISTIE, CAN WE SEE TWO, PLEASE? SO IMAGE TWO IS COVELL AND KELLY.
THE MASTER TRANSPORTATION PLAN HAS IMPLEMENTED THERE, HAVE BEEN IMPLEMENTED THERE FROM MITCH PARK TO JUST WEST OF BROADWAY.
THAT IS THE PLAN FOUR THROUGH LANES UNBROKEN MEDIANS TO PREVENT LEFT HAND TURNS.
VEHICLES CAN MOVE ACROSS EDMOND EFFICIENTLY.
THAT'S THE REASON WE'RE DEVELOPING THIS TO THE COST OF MILLIONS AND MILLIONS OF DOLLARS.
WE BUILT A RAILROAD TRUSS OVER THE FOUR LANES OF COVE, SO TRAFFIC COULD EFFICIENTLY MOVE FROM EAST TO WEST AND WEST TO EAST.
THIS FOUR LANE THAT'S BEEN BUILT FROM THE EAST AND THE WEST IS DESIGNED TO CONVERGE AT COVE AND COLTRANE.
IT'S BEEN ESTIMATED BY THE CITY THAT THE IMPROVEMENTS REQUIRED WILL COST AN EXCESS OF $45 MILLION BECAUSE OF THE UNIQUE, UH, TOPOGRAPHY, THE NARROW WIDTH, THE FLOOD PLAIN, THAT BIG GAS EXCHANGE ON THE SOUTHWEST, UH, CORNER.
UH, SO THE, THE PLAN ITSELF IS NOT HISTORIC.
IN JUNE OF 24, UH, 2024, ABOUT 12 MONTHS AGO, THE CITY ENGINEER CONFIRMED IN THE GO BOND PROPOSAL THAT COVE IS A MAJOR TRANSPORTATION THOROUGHFARE.
SPEAKING SPECIFICALLY OF THE PLAN FOR COWELL AND COLTRANE, THE CITY ENGINEER WROTE IN THAT PUBLIC RECORD, AND I'LL QUOTE, THE PROJECT WILL PROVIDE TWO THROUGH LANES, UM, MEDIANS, LEFT TURN LANES, AND POSSIBLY RIGHT TURN LANES AT THE SIGNALED INTERSECTION.
THE ENGINEER ALSO SAID THE PROJECT LIMITS BEGIN 3,200 FEET WEST OF COLTRANE ON COVET IMAGE.
THE CITY'S PLAN, WHICH HAS ALREADY BEEN IMPLEMENTED TO, IS TO BEGIN IMPROVEMENTS.
THAT WILL BE NULLIFIED IF WALMART HAS A PRIVATE LEFT TURN LANE IN THE MIDDLE OF THE ROAD AND A PRIVATE DRIVEWAY LESS THAN 650 FEET FROM THE INTERSECTION.
THE PROPOSED WALMART PLAN WILL DENY THE CITY ITS ABILITY TO SOLVE THE CONGESTION AT COVILLE AND COLTRANE AS OUTLINED IN THE MASTER TRANSPORTATION PLAN.
THEIR PLAN TAKES THAT LIMITED SPACE THAT OUR ENGINEERS HAVE DISCUSSED AND PUTS IN A LEFT TURN LANE IN THE MIDDLE OF THE ROAD THAT BENEFITS ONLY WALMART, NOT THE CITIZENS' BED.
IT, IT WILL, UH, BE PUT IN AT THE EXPENSE OF THE CITY'S PLAN.
MA'AM, CAN WE HAVE NUMBER FOUR? I ASKED AN ARCHITECT TO REVIEW THE PLAN.
THE ARCHITECT'S NOTES ARE IN RED, THE LEFT TURN LANE THAT WALMARTS WANTS IN, UH, THE CENTER OF COVE.
THAT LIMITED STRETCH WILL ACCOMMODATE ABOUT EIGHT VEHICLES.
YOU'LL SEE 'EM THERE AS LITTLE YELLOW SQUARES.
ANY OTHER VEHICLES WILL BE BACKED UP INTO EASTBOUND TRAFFIC AT THE BOTTOM OF A BLIND HILL.
THE LEFT TURN LANE IS IN DIRECT CONFLICT WITH THE MASTER TRANSPORTATION PLAN, WHICH CALLS FOR AN UNBROKEN
[01:20:01]
MEDIAN TO AVOID LEFT HAND TURNS.THEIR PLAN LEAVES WESTBOUND, COVELL AS A ONE LANE THROUGH ROAD.
IT ADDS UNTOLD NUMBER OF SEMIS AND CUSTOMER TRAFFIC TURNING IN.
HOW MANY WILL THAT BE? WE DON'T KNOW.
'CAUSE NOBODY'S SEEN THE TRAFFIC IMPACT.
SO HOW CAN WE APPROVE A PLAN IF WE DON'T KNOW WHAT'S GONNA HAPPEN? THEIR PLAN HAS NO RAISED MEDIANS, JUST STRIPING.
SO VEHICLES YOU'LL SEE IN THE RED ARROWS CAN TURN LEFT ACROSS WESTBOUND TRAFFIC TO GO EAST ON COVEL AND LEFT HAND TURNS ARE ACTUALLY ENCOURAGED BY THIS LEFT TURN LANE, WHICH IS PROHIBITED BY THE MASTER TRANSPORTATION PLAN.
THE PLAN SHOULD BE DENIED BECAUSE THE MASTER TRANSPORTATION PLAN, WHICH HAS ALREADY BEEN IMPLEMENTED ACROSS COVE, A GREAT EXPENSE STATES AN UNBROKEN MEDIAN IS ABSOLUTELY NECESSARY TO KEEP THROUGH TRAFFIC MOVING AND PREVENT LEFT TURNS.
THERE ARE NO PRIVATE CURB CUTS FOR OTHER BUSINESSES ALONG THE COVE IMPROVEMENT.
YOU, YOU CAN'T TURN INTO UPTOWN GROCERY, YOU CAN'T TURN INTO THE US POST OFFICE WITHOUT A FEEDER ROAD.
THE MASTER TRANSPORTATION PLAN HAD THE FORESIGHT TO ADDRESS NEW CONSTRUCTION, WHICH IS WHAT WE'RE DISCUSSING HERE.
SECTION 5.2 STATES THAT ELIMINATING CURB CUTS FOR THIS DRIVEWAY COST THE CITY NOTHING WHILE ALLOWING A FOUR-LANE ROAD TO FUNCTION LIKE A SIX LANE ROAD DISALLOWING.
THIS DRIVEWAY WILL INCREASE ROAD CAPACITY BY 50%, BUT COST THE CITIZENS OF EDMOND NOTHING.
INGRESS AND EGRESS SHOULD PROMOTE EFFICIENT, UH, VEHICULAR CIRCULATION.
AND THEIR PLAN DOES NOT DO THAT.
THE PROPOSED ENTRANCE ON COVE SHOULD BE REJECTED AS WELL AS THE LEFT-HAND TURN LANE.
THAT SECTION 5.2 GOES ON TO STATE THAT DENYING COMMERCIAL DRIVE DRIVEWAYS ALONG COVE IS EXTREMELY IMPORTANT IN ORDER TO MANAGE TRAFFIC CONGESTION AND PROMOTE TRAFFIC FLOW.
IT STATES THAT QUOTE, CONGESTION WILL BE REDUCED TO A GREATER EXTENT BY ACCESS MANAGEMENT THAN BY WIDENING THE ROAD.
WE DON'T HAVE TO MAKE THE ROAD WIDER IF WE LIMIT THAT ACCESS.
LAST IMAGE IS, UH, IMAGE NUMBER FIVE.
I LIVE CLOSE ENOUGH TO THAT INTERSECTION TO HEAR THE SIRENS FROM FIRE STATION FIVE.
CAN I INTERRUPT YOU JUST A LITTLE BIT, BARRY? UH, I, I APPRECIATE ALL THE COMMENTS ABOUT TRAFFIC, BUT THAT'S NOT WHAT WE'RE TALKING ABOUT.
THE, THAT'S THE SITE PLAN AND, UH, I KNOW THAT, UH, THE, THE DRAINAGE AND THE, AND THE ROAD CONSTRUCTION, ALL THAT IS, IS SURROUNDING THE SITE PLAN, BUT IT HAS NOTHING TO DO WITH THE SITE PLAN.
SO IF YOU COULD MAKE SURE THAT YOUR COMMENTS ARE POINTED TO THE SITE PLAN SURE.
THE INGRESS AND EGRESS, AS MR. CHAPMAN MENTIONED, IS PART OF THE SITE PLAN AT 650 FEET FROM A TWO LANE ROAD, UH, THAT THE CITY, UH, INTENDS TO WIDEN.
UH, AND I BELIEVE REGARDLESS OF WHAT HAPPENED IN 1990 FOR AN INDIVIDUAL PUD, THE CITY RETAINS ITS RIGHT TO DEVELOP THE INFRASTRUCTURE THAT, UH, WOULD BE IMPEDED BY THIS CONSTRUCTION.
MATT FARLEY 27 0 8 ASHBROOK PLACE.
I BELIEVE THERE'S A PHOTO IN THERE FROM MY HOUSE THAT DIRECTLY LOOKS INTO THE PROPERTY.
UH, THAT IS THE SECOND STORY, UH, VIEW FROM MY 5-YEAR-OLD SON'S BEDROOM.
IT LOOKS DIRECTLY ONTO THE PROPOSED SITE.
UM, I'M GLAD THAT OUR FRIEND BROUGHT UP PROPERTY RIGHTS BECAUSE I THINK THAT THAT COMES VERY RELEVANT BASED ON THE LOCATION OF MY HOUSE AS WELL AS MY NEIGHBORS.
UM, SO I'LL SKIP A LOT OF WHAT'S ALREADY BEEN DISCUSSED TODAY AND JUST TALK ABOUT SOME OF THE PROPERTY, RIGHT, UH, RULES THAT I THINK ARE IN PLACE TO HELP PROPERTY OWNERS LIKE MYSELF.
UM, SPECIFICALLY THERE ARE SEVERAL MUNICIPAL CODES THAT I FEEL LIKE WOULD BE VIOLATED, UH, IF THIS PRE-PROPOSAL WERE TO MOVE FORWARD.
UH, CERTAINLY THE TREE PRESERVATION REQUIREMENTS.
UH, MUNICIPAL CODE 23.2 EXPLICITLY STATES THAT ALL DEVELOPMENTS SHALL BE DESIGNED TO MINIMIZE THE REMOVAL OF EXISTING TREES IN THE CITY.
COUNCIL'S STRATEGIC PLAN FROM 2014, WHICH I ALSO BELIEVE SHOULD BE TAKEN AS PRECEDENT OVER THE 1990 POD, UH, BECAUSE OF ITS RELEVANCY, UH, REINFORCES THE CITY'S INTENT TO PRESERVE, UH, EXISTING TREES.
I'LL ALSO REITERATE, AND I KNOW THAT THIS WAS DISCUSSED MAYBE AS NOT AS MUCH OF A POINT, BUT THE ARCHITECTURAL CONSISTENCY REQUIREMENT, UM, I DO FEEL LIKE THAT WAS BRUSHED OFF A LITTLE BIT.
WE DO HAVE SOME EXAMPLES THOUGH, OF WHAT THAT COULD LOOK LIKE.
UH, THERE IS A COMMERCIAL STRUCTURE, THE ONE NEAREST TO US AT THE FAIRFAX BUSINESS PARK.
UH, THERE ARE SOME IDEAS OF WHAT ARCHITECTURAL SIMILARITY AND CONSISTENCY ACTUALLY LOOKS LIKE.
WE DON'T HAVE TO SPECULATE, UM, AS SOME PEOPLE HERE HAVE TODAY.
UH, THIS, THE NEAREST COMMERCIAL STRUCTURE AT THE FAIRFAX BUSINESS PARK TO HALF MILE EAST, WHERE ALL BUILDINGS FEATURE BRICK AND STONE CONSTRUCTION WITH PITCHED ROOFS.
[01:25:01]
CONSISTENT WITH ITS NEIGHBORS.UM, AGAIN, YOU'RE LOOKING AT MY HOUSE.
THERE ARE ALSO RULES THAT PROTECT FLAT ROOF VISIBILITY, AND I DO BELIEVE THAT THIS WOULD, UH, CONSTITUTE A VIOLATION.
SECTION G ONE, UH, IS VERY CLEAR.
FLAT ROOFS SHALL NOT BE VISIBLE FROM ADJACENT PROPERTIES.
UM, FROM MY TWO STORY HOME, I WILL HAVE A DIRECT VIEW OF THE STRUCTURE'S, FLAT ROOF CLEAR VIOLATION MUNICIPAL CODE.
FURTHERMORE, TITLE 22, PAGE 92 STATES THAT BUILDINGS DESIGNED SHALL CONSIDER PERSPECTIVE FROM HIGHER AREAS.
ANY NEW CONSTRUCTION ADJACENT TO PREEXISTING ROOF, UH, STRUCTURES SHALL MAKE USE OF ALL ARCHITECTURAL TREATMENTS OF ALL SIDES TO ACHIEVE COMPATIBILITY WITH THE SURROUNDING AREA.
THIS PROPOSAL FAILS BOTH REQUIREMENTS.
UH, FINALLY, UH, WE DID MENTION LIGHT A LITTLE BIT EARLIER.
AGAIN, I'M GONNA TAKE IT FROM THE PERSPECTIVE OF MY FIVE-YEAR-OLD'S ROOM.
UH, LIGHTING REGULATIONS ARE SPECIFICALLY INTENDED TO PROTECT PROPERTY VALUES.
AGAIN, I LOVE THAT WE GOT TO START THIS WITH PROPERTY RIGHTS BECAUSE THERE ARE A LOT OF RULES IN EDMOND THAT HELP PROTECT HOMES LIKE MYSELF.
UH, THE GENERAL WELFARE BY CONTROLLING GLARE AND SPILL SPILLOVER LIGHT.
SECTION 22.12 A PROHIBITS LIGHTS, WHICH SUBSTANTIALLY INTERFERE WITH THE USE OR ENJOYMENT OF THE PROPERTY.
AS A HOMEOWNER WHOSE PROPERTY DIRECTS FACULTY TO THE SITE, ANY COMMERCIAL LIGHTING, AND I THINK YOU GUYS HAVE PROBABLY BEEN PRETTY FAMILIAR WITH DRIVING THROUGH A WALMART PARKING LOT FOR SAFETY REASONS, THOSE THINGS ARE LIT UP.
UH, THE PROPOSAL PROVIDES NO LIGHTING PLAN THAT CONFORMS TO THESE PROTECTIVE MANDATES.
UH, IT IS YOUR AUTHORITY, UH, TO IMPOSE ADDITIONAL PROTECTIONS.
UH, ADMIN TITLE 22 GIVES YOU EXPLICIT AUTHORITY THAT DIRECTS RELEVANT THAT IS DIRECTLY RELEVANT HERE.
PAGE ONE 10, SECTION EIGHT EMPOWERS YOU TO IMPOSE SUPPLEMENTAL ADDITIONAL CONDITIONS BEYOND WHATEVER THE POD MAY REQUIRE AT SENSITIVE BORDERS.
I THINK THAT'S A VERY SENSITIVE BORDER, UM, TO MINIMIZE ADVERSE IMPACTS TO RESIDENTIAL PROPERTY.
UH, I OBVIOUSLY AM GIVING YOU A REALLY GREAT EXAMPLE FROM MY HOME.
ITEM 12 ALLOWS YOU TO REQUIRE PRESERVATION AND NATURAL FEATURES, ADJACENTS TO RESIDENTIAL USES, INCLUDING TREE PRESERVATION.
UH, WHERE THERE ARE SUBSTANTIAL GROUPS OF TREES, IT'S A LOT MORE THAN JUST LIKE A BEAUTIFUL VIEW, WHICH OBVIOUSLY WE ENJOY, UM, THAT FIELD.
UH, IN THE MIDDLE OF THAT, IT REPRESENTS A PRETTY BIG PART OF OUR COMMUNITY AND OUR NEIGHBORHOOD AS WELL.
THAT IS THE WALKING TRAIL THAT GOES AROUND OUR NEIGHBORHOOD.
THAT IS THE FIELD THAT WE ARE HAVING OUR SON'S SOCCER TEAM IN.
IT IS A FIELD THAT WE SEE DOGS AND OUR, YOU KNOW, OUR, OUR NEIGHBORHOOD, UM, UTILIZES QUITE WELL.
SO IT'S NOT JUST MY INDIVIDUAL PROPERTY, BUT THE ACTUAL ASSET THAT'S OWNED BY ASHFORD OAKS AS WELL.
IT'S GONNA BE INTERFERED WITH.
UM, SO I'LL GET BACK TO MY POINT AND WRAP UP.
I WANT YOU TO UNDERSTAND THAT APPROVAL OF THIS PROPOSAL, WHAT IT MEANS FOR MY FAMILY FROM MY BACK DOOR.
INSTEAD OF SEEING TREES IN OPEN SPACE, WE'LL SEE A MASSIVE FLAT ROOFED COMMERCIAL BUILDING INSTEAD OF A PEACEFUL RESIDENTIAL, UH, AND RESIDENTIAL QUIET, YOUR TRUCK DELIVERIES, CONSUMER TRAFFIC AND CONSUMER OPERATIONS, INSTEAD OF A DARK NIGHT SUITABLE FOR MY FAMILY OF COMMERCIAL LIGHTS STREAMING INTO MY HOME, A SIX FOOT FENCE AND A ROW OF SAPLINGS PROPOSED AS THE SCREENING IS COMPLETELY INADEQUATE FOR THE TWO STORY HOME THAT I OWN.
THIS REPRESENTS A FUNDAMENTAL FAILURE TO PROTECT EXISTING RESIDENTIAL PROPERTY AS REQUIRED BY THE CURRENT MUNICIPAL CODE.
SO I URGE YOU TO DENY THIS PROPOSAL AND REQUIRE ANY FUTURE DEVELOPMENT TO FULLY COMPLY WITH CURRENT EDMOND MUNICIPAL STANDARDS.
MY FAMILY, MY NEIGHBORS, WOULD DESERVE PROTECTION FROM WITH THESE CODES.
AS A HOMEOWNER WHO'S MOST, PROBABLY MOST DIRECTLY IMPACTED BY THIS PROPOSAL, UH, I'M ASKING TO UPHOLD THE STANDARDS THAT EDMUND HAS ESTABLISHED TO PROTECT RESIDENTIAL PROPERTY RIGHTS.
MY COMPLIMENTS TO YOUR FIVE-YEAR-OLD PHOTOGRAPHY SKILLS.
I LIVE ON WALNUT COVE HERE IN EDMOND.
UM, ONE OF THE ISSUES THAT HAS BEEN PRESENTED TO YOU TONIGHT IS THAT, UM, THIS DEVELOPMENT IS COMPATIBLE WITH THE SURROUNDING AREA.
THAT WAS THE STATEMENT THAT THE DEVELOPER, UM, HIS REPRESENTATIVE MADE.
BUT I WANT TO REFER YOU BACK TO THE PHRASE THAT MR. CHER REFERRED TO IN THE PUD DESIGN STATEMENT, WHICH IS WHAT GOVERNS THIS SITE PLAN.
AND IT SAYS, THE CONCEPT IS TO DEVELOP THIS TRACT IN A MANNER AND ARCHITECTURAL STYLE THAT WILL BE CONSISTENT WITH THE SURROUNDING AREA, NOT COMPATIBLE CONSISTENT.
[01:30:02]
THAT IS DEFINED AS ACTING OR DONE IN THE SAME WAY.THERE ARE NO UGLY GRAY BOXES IN THE SURROUNDING AREA.
THIS IS ABSOLUTELY NOT COMPATIBLE WITH THE SURROUNDING AREA.
THAT ISSUE IN AND OF ITSELF GIVES THIS PLANNING COMMISSION THE GROUNDS TO DENY THIS BECAUSE IT'S THEIR PUD.
THEY CREATED THE DESIGN STATEMENT AND THEY USED THE WORD CONSISTENT WITH, AND THEY USED THE, THE TERM ARCHITECTURAL STYLE.
THAT ISSUE GIVES YOU THE GROUNDS TO DENY THIS.
THE DEVELOPER'S REPRESENTATIVE WANTED TO TELL YOU THAT YOUR JOB HERE TONIGHT IS JUST TO RUBBER STAMP THIS.
AND I'M TELLING YOU THAT YOUR JOB HERE TONIGHT IS TO PROTECT THE SURROUNDING NEIGHBORHOODS AND THE SURROUNDING PROPERTY OWNERS BECAUSE THIS IS ABSOLUTELY NOT CONSISTENT, AND WE ASK YOU TO DENY THIS.
UH, UH, MY NAME IS CHRIS COTY, 2 9 0 1 AS BRICK PLACE LIVE IN THE NEIGHBORHOOD ADJACENT TO THE SUBJECT PROPERTY.
I'M GONNA JUST QUICKLY ADD IN ADDITION TO WHAT EVERYONE HAS CITED, IT WAS ALSO SAID THIS EVENING, CAN WE PULL UP A, THE PICTURE OF THE WALMART, THE FRONT ELEVATION, IN ADDITION TO THE COMMENT, UH, IN WHICH IT WAS CORRECTLY HIGHLIGHTED.
AND THE DIFFERENCE BETWEEN WHAT WAS SAID TONIGHT IS COMPATIBLE WITH ACTUALLY THE PUD SAYS TO BE CONSISTENT.
A COMMENT WAS ALSO MADE, UM, BY THE, UH, INDIVIDUALS THAT THERE'S NOTHING STOPPING SOMEONE FROM PAINTING THEIR HOUSE THAT COLOR.
UM, THERE IS, UM, THERE IS, AND IN OUR NEIGHBORHOOD, I AM BOUND BY THE COVENANTS OF THE PUD AND THE HOA.
IF I DID SUCH A THING, I WOULD BE IN VIOLATION OF THE ARCHITECTURAL, UM, REQUIREMENTS OF OUR NEIGHBORHOOD.
I WOULD BE ASKED KINDLY TO REPAINT MY HOME, AND IF I DIDN'T, I WOULD THEN BE SUED.
THERE ARE MANY RESTRICTIONS IN OUR NEIGHBORHOOD THAT GOVERN THE, UH, UH, COMPATIBILITY OF THE AREA.
BUT, BUT AGAIN, MORE IMPORTANTLY, THE CONSISTENCY.
SO I WANT TO BE CLEAR TO, TO, UM, THE COMMISSION THAT, UH, THAT, UH, AS PRESENTED, UM, A REASONABLE PERSON, I BELIEVE WOULD NOT DEEM THIS AS CONSISTENT WITH THE AREA.
AND I RESPECTFULLY ASK FOR YOUR, UH, NO VOTE FOR THE SUBJECT PROPOSAL.
MY NAME IS MARY ANN SONTAG AND I LIVE AT 28 17 SPYGLASS HILL ROAD IN FAIRFAX SUBDIVISION.
THERE'S BEEN A LOT OF INFORMATION ABOUT THAT.
THIS PROPERTY WAS ZONED FOR GROCERY IN 1990.
SINCE THEN, WE HAVE NOT A FOOD DESERT, BUT A FOOD PLETHORA.
IT'S SECOND STREET, WALMART, SUPERCENTER ON I 35, CREST FRESH MARKET, UPTOWN GROCERY TARGET, WHICH HAS FOOD, HOMELAND, BRAHMS MARKET.
MISS, UH, TALKING ABOUT THE SITE PLAN.
NOT, I KNOW I'M NOT THE BUSINESS PLAN.
I'M TALKING ABOUT THE ZONING FOR GROCERY.
I'M TALKING ABOUT ZONING FOR GROCERY.
IN 1990, YES, LAWS CAN BE CHANGED.
WE ALSO HAVE WHOLE FOODS COMING, LARGE STORES IN ALREADY COMMERCIAL AREAS.
I SUGGEST THAT THE PLANNING COMMISSION MAY BE CHECKED ON THE ZONING AND WHY THAT SHOULD NOT CONTINUE TO BE CALLED A GROCERY PLACE.
ONE OTHER REASON IS THAT PROPERTY IS PART OF THE CROSS TIMBERS ECOSYSTEM, WHICH IS A HUNDRED YEAR OLD ECOSYSTEM.
AS SOMEONE MENTIONED, THERE ARE DEER, WOODPECKER, RABBITS IN THAT ONE LAST PLACE ON THAT CORNER.
IT'S ALSO A POTENTIAL REMNANT FOREST THAT'S EXISTED SINCE 1871.
LET'S KEEP THAT CORNER ACROSS TIMBER'S ECOSYSTEM.
I ASK YOU TO STOP THIS PROCEDURE WITH THIS WALMART.
[01:35:02]
YES, MA'AM.GOOD EVENING, MEMBERS OF THE PLANNING COMMISSION.
THIS HAS BEEN AN INTERESTING EVENING AND I'VE REALLY STRUGGLED WITH HOW TO, TO START THIS.
IT'S GONNA BE TWO, TWO TERMS THAT I WOULD LIKE TO USE TONIGHT.
ONE IS CROSS TIMBERS AND A LOT OF PEOPLE.
YES, I AM A MEMBER OF THE URBAN FORESTRY COMMISSION, BUT I'M NOT SPEAKING FOR ON BEHALF OF THE URBAN FORESTRY COMMISSION.
WE'RE GONNA TALK ABOUT THE CROSS TIMBERS, CROSS TIMBERS STRETCH FROM SOUTHEAST KANSAS TO CENTRAL TEXAS.
IT'S 890,000 ACRES OF OLD GROWTH FORESTS CONTAINING TREES THAT DATE FROM 200 TO 400 YEARS OLD.
AND ONE OF THOSE IS AN OAK TREE HERE IN EDMOND THAT HAS BEEN VERIFIED AND DATED AND CORDED AS BEING OVER 200 YEARS OLD.
EDMOND IS IN THE CENTER OF THE CROSS TIMBERS FOREST.
THE OTHER TERM IS REMNANT FOREST AS AN ANCIENT ECOLOGICAL COMMUNITY CONTAINING NATIVE FLORA THAT HAS NOT BEEN EVER SIGNIFICANTLY DISTURBED ON THE LANDSCAPED ARCHITECT'S EVALUATION.
PAGE NINE AND 10, DATED THREE FIVE.
HE STATES THAT THE SITE IS A BLENDING OF RIPARIAN TREE CANOPY AND CROSS TIMBER, FOREST.
THE WEST SIDE IS COMPOSED MOSTLY OF CROPS.
TIMBER OAKS IN THE ORIGINAL PDU APPROVAL WAS GRANTED FOR AN AREA OF SEPARATIONS THAT WAS ATTENDED TO SEPARATE THE COMMERCIAL AND THE RESIDENTIAL.
IT IS A SENSITIVE BORDER AND THE CURRENT PLANT REMOVES THE EXISTING TREE CANOPY OF MOSTLY CROSS TIMBERS TREES REMOVE AS MUCH AS 60% OF STREET POLLUTION AND 20 TO 60% OF STORM WATER POLLUTANTS.
ACCORDING TO THE RECENT DRG INVENTORY OF CITY TREES 2024.
BOTH OF THESE ARE GONNA BE IN MUCH GREATER, MUCH GREATER LEVELS FROM THE RUNOFF OF THE PACE SURFACES AND FROM THE CARS ENTERING.
AND YES, THE LANDSCAPE AS PROPOSED FROM THE RESEARCH, EXTENSIVE RESEARCH I HAVE DONE, IT IS GOING TO BE YEARS, IF NOT DECADES BEFORE THESE NEWLY PLANTED TREES AND LANDSCAPE PANS WILL HAVE THE EFFECT THAT THOSE CROSS TIMBERS DO.
NOW, EDMOND TITLE 22 ADDRESSES THIS AND GIVES THE CITY UNIQUE AUTHORITY TO PRESERVE OUR NATURAL RESOURCES.
THESE ARE MORE THAN NATURAL RESOURCES.
THESE ARE IN FACT TRUE ECOLOGICAL TREASURES.
THE, UH, CROSS TIMBERS, YOUR SKYPES, THE CROSS TIMBERS HAVE ACTUALLY THEIR OWN EPA DESIGNATION.
THAT IS HOW UNIQUE THIS AREA IS.
PAGE ONE 10 OF SECTION 8 22 GIVES THE CITY THE ABILITY TO IMPOSE SUPPLEMENTAL ADDITIONAL CONDITIONS BEYOND WHAT AN ORIGINAL PUD SUBMISSION MIGHT BE REGARDING SENSITIVE BORDERS, BOTH THE 2019 GUIDE AND 2023 FOREST COMPOSITION AND ECOSYSTEM ANALYSIS SHOW THAT REMNANT FOREST REMAINS IN THIS AREA.
AND PLEASE BE MINDFUL OF THE FACT THAT THIS IS AN ANCIENT FOREST SECTION 2260 1D FOUR FOR SITES WITH EXISTING TREE CANOPY OF OVER 20% OR GREATER CONTAINING ANY AMOUNT OF POTENTIAL REMNANT FOREST, A TREE RESOURCE EVALUATION SHALL BE PERFORMED.
IT HAS BEEN, AND WE ARE REFERENCING IT PRIOR, WE HAVE ALREADY ESTABLISHED THAT IN 2005, THE LEADERSHIP OF THE CITY SET FORTH THE IDEA OF URBAN FORESTRY.
THEY ALSO SET FORTH THE IDEA OF REALIZING THE VALUE THAT WE HAVE IN THIS COMMUNITY AND THE UNIQUENESS THAT WE HAVE OF THE REMNANT FOREST AS WELL AS THE CROSS TIMBERS IF THEY ARE BOTH HIGHLY VALUABLE TO OUR ENVIRONMENT AND AS LIVING HISTORY.
WE SEEM TO BE LOOKING PAST THE FACT BASED ON RECENT DATA THAT 14 OUT
[01:40:01]
OF 25 OF THE MOST EXPENSIVE NEIGHBORHOODS IN OKLAHOMA ARE IN EDMOND.WE HAVE HALF OF THEM OVER HALF.
AND TWO OF THE ADJACENT HEAVILY TREE NEIGHBORHOODS TO THIS DEVELOPMENT ARE NUMBERS 20 AND 23.
WHY ARE WE IGNORING THE STANDARDS THAT SET US APART? EDMOND IS UNIQUE IN SO MANY WAYS AND PART OF THAT REASON IS STANDARDS.
WHETHER IT'S THE STANDARDS FOR RAISING A CHILD, WHETHER IT'S THE STANDARDS THAT YOU WANT YOUR DOG TO BEHAVE, WHETHER IT'S THE STANDARDS ON HOW YOU WANT YOUR DISHWASHER LOADED, THERE ARE STANDARDS AND EDMOND HAS THESE AND THEY HAVE BEEN IN PLACE FOR A VERY LONG TIME DUE TO VERY WISE LEADERSHIP.
MUNICIPAL CODE 23 2 STATES THAT THE DEVELOPMENT SHALL BE DESIGNED TO MINIMIZE THE REMOVAL OF EXISTING TREES.
AND YES, THE CURRENT COMMERCIAL CODE DOES NOT REQUIRE TREE PRESERVATION, BUT IT IS RECOGNIZED AS HIGHLY PREFERRED BY DOUBLING THE AMOUNTS OF CREDITS GIVEN.
SO WHERE ARE WE NOW? MS. MR. BOX OR THE REPRESENTATIVE ASSURES US THAT THIS IS ALREADY DECIDED.
I BELIEVE STRONGLY IN HISTORY AND I THINK THE HISTORY DECIDES IT'S NOT.
NEW CODES ARE BEING DEVELOPED IN 2027, AND THIS WOULD BE THE IDEAL TIME FOR THE CITY WITH CITIZEN INPUT TO DEVELOP NEW CODES FOR TREASURE TREE PRESERVATION ON COMMERCIAL PROPERTIES.
THIS WOULD DEMONSTRATE AN EVEN GREATER AWARENESS OF THE BENEFIT OF THE TREES THAT WE ENJOY IN THIS ENVIRONMENT AND OUR VERY LONG HELD COMMITMENT TO IT.
AS FOR NOW, I WOULD RESPECTFULLY REQUEST DEEPLY FEEL THAT THIS DEVELOPER IN GOOD FAITH NOT DESTROY THIS UNIQUE FEATURE OF OUR COMMUNITY, BUT RATHER EMBRACE IT AND LET THIS DEVELOPMENT, IF APPROVED, HELP SET A HIGHER EDMOND STANDARD RETRIEVE PRESERVATION TO LEAD US INTO 2027.
I LIVE IN THE FAIR CLOUD NEIGHBORHOOD, UH, 26 42 PAWNEE CROSSING.
UM, AND REALLY MY MAIN CONCERN HERE, I'VE GOT SEVERAL, BUT I'LL ONLY PICK JUST THIS ONE AND THAT'S CUT THROUGH TRAFFIC.
UM, PROVIDING SUFFICIENT CAPACITY FOR EXISTING AND FUTURE TRAFFIC IS A CRUCIAL RESPONSIBILITY OF THE CITY, THE MASTER TRANSPORTATION PLAN AND OTHER CITY STUDIES DRAW A DIRECT CORRELATION BETWEEN LEFT HAND TURNS AND ACCIDENTS AND CONFIRM THAT SLOWING TURNING VEHICLES CAUSE ACCIDENTS AND CREATE CONGESTION, UM, TRUCKS TURN INTO THAT LOCATION WILL DEFINITELY CREATE A CONGESTION.
THE CITY'S PLAN FOR SECTION 5.3 SPECIFIES THAT THE CITY'S RESPONSIBILITY TO PRESERVE THE SAFETY OF RESIDENTIAL STREETS BY DISCOURAGING CUT THROUGH TRAFFIC IN NEIGHBORHOODS.
PLAN FOUR STATES, THE CITY MUST PROVIDE REASONABLE CAPACITY TO PREVENT CUT THROUGH TRIPS IN NEIGHBORHOODS.
I CAN TELL YOU I LIVE ON THE STREET WHERE THEY COME RIGHT BY.
YEAH, THE CUT THROUGH TRAFFIC IS ABSOLUTELY RIDICULOUS RIGHT NOW.
IT WOULD ONLY GET A LOT WORSE WITH A WALMART THERE WITH THE WAY THEIR, THEIR ROAD CONSTRUCTION IS GOING TO GONNA FIT.
THEY'RE GONNA ALLOW LEFT HAND TURNS THERE WITHOUT THE MEDIAN.
THERE SHOULD BE NO LEFT HAND TURN THERE.
STICK WITH THE, UH, THE MASTER TRANSPORTATION PLAN.
DON'T ALLOW THIS CUT THROUGH TRAFFIC TO CONTINUE TO BE A PROBLEM.
REALLY NOTHING NEEDS TO BE BUILT THERE UNTIL THE CITY INVESTS WHAT THEY NEED TO INVEST TO IMPROVE THAT INTERSECTION.
IT'S LONG BEEN A PROBLEM AND ALLOWING ANYTHING TO GO IN THERE RIGHT NOW IS A BIG MISTAKE.
HI, MY NAME IS LATASHA GRINO AND I LIVE AT 30 17 ASHFORD OAKS BOULEVARD.
AND ALTHOUGH A LOT OF MY HOA MEMBERS ARE HERE, I APOLOGIZE.
I'M NOT VERY ACTIVE IN THE HOA.
SO, UM, I JUST CAME HERE ON BEHALF, UM,
[01:45:01]
JUST TO KIND OF, I'VE HEARD A LOT AND LEARNED A LOT.UM, AND I'LL BE BRIEF A LOT OF WHAT HAS ALREADY BEEN SAID I PLANNED ON TALKING ABOUT, BUT I DID WANNA JUST, UM, RAISE THIS SITE.
PLAN WILL IMPEDE UPON MY EXERCISE AREA.
AS THE GENTLEMAN EARLIER, UM, SHOWED OUR GREEN BELT.
THAT'S ONE OF THE ONLY AREAS, UM, THAT THERE IS NO TRAFFIC.
WE'RE ABLE TO LOOK AT ANIMALS, UM, BUGS, PLANT LIFE, THINGS LIKE THAT.
THIS SITE PLAN IS GOING TO IMPEDE UPON THAT AND THEN ALSO ELIMINATE ANY ADDITIONAL FUTURE ABILITY FOR US TO HAVE BIKE PATHS, SIDEWALKS, UM, ON THE OUTSKIRTS.
AND IT'S GOING TO BRING IN A LOT MORE CONGESTION.
UM, THE ONE THING THAT, AND DESPITE THE GENTLEMAN'S ARGUMENT THAT THINGS THAT WERE TRUE IN THE NINETIES, THEY DO NOT HOLD TRUE NOW HERE IN THE TWENTIES.
UM, AND MAYBE THE CITY, MAYBE THE CITY HAS NO POWER, UM, TO DETERMINE THAT.
BUT I WOULD ASK THAT YOU RECONSIDER IF THERE, IF YOU HAVE IT IN YOUR ABILITY TO DO SO.
IT'S A DISSERVICE TO OKLAHOMA'S OWNED BUSINESSES LIKE BRAHMS AND CREST.
UM, AND RIGHT NEAR CREST, WE SEE BUILDINGS THAT HAVE BEEN DESIGNED IN A MUCH MORE ORGANIC WAY IN KEEPING WITH THE LOCAL COMMUNITY.
UM, THE PLAN PRESENTED EAR EARLIER IS NOT OUTSIDE THE BOX.
IT'S RIGHT WITHIN THE BIG BOX.
UM, AND, AND BRINGS A, A BIG BOX STORE IN A MINI SIZE VERSION RIGHT INTO OUR BACKYARDS.
UM, ONE THING THAT WASN'T ALSO MENTIONED EARLIER THAT I THINK AGAIN, IT WAS ARGUED THAT HEALTH, SAFETY AND WELLBEING AREN'T GOING TO BE IMPACTED.
HOWEVER, THE COMMUTER WORKFORCE THAT WILL BE PRESENTED BECAUSE OF THIS, UM, NEEDS TO BE A FACTOR IN BECAUSE OUR LOCAL, UM, COMMUNITY ARE NOT GOING TO BE THE WORKFORCE EMPLOYED AT THIS AREA.
AND SO THIS SITE WILL BRING IN, UM, IT'LL ACT EXACERBATE ALL OF THE TRAFFIC ISSUES, BUT ALSO AIR POLLUTION.
UM, I KNOW HE TALKED ABOUT ADDING TREES VERY WELL ILLUSTRATED.
UM, AND REGARDLESS OF WHAT LEGISLATION, UM, SAYS ABOUT OUR H OR WHAT WAS ORDERED WITH THE HEALTH, SAFETY AND WELLBEING, UM, I'M NOT SURE THAT THIS, THESE ASPECTS WERE TAKEN INTO ACCOUNT, UM, IN THAT ARGUMENT.
UM, LASTLY I'LL JUST REITERATE THE IMPACT ON THE ECOSYSTEM.
THE SEMIS, SNOWPLOWS BUILDERS ARE JUST GOING TO INCREASE RISK TO HEALTH.
UM, AND, AND OUR WELFARE BASED ON THE AIR, AIR POLLUTION.
UM, THE CITY ALREADY MENTIONED FUNDING ISSUES WITH TRAFFIC IN THIS AREA.
LOCAL BUSINESS EARNINGS AND REVENUE FOR LOCAL BUSINESSES WILL FIX THAT ISSUE, NOT FUNDING BIG CORPORATE BUSINESSES.
UM, AND LASTLY, THERE ARE OTHER WAYS TO BRING IN REVENUE.
UM, AND IF IT'S ZONED FOR A GROCERY STORE, THERE ARE MANY SPECIALIZED GROCERS THAT WE POTENTIALLY COULD WELCOME THAT INVOLVE COMPATIBLE, UH, ARCHITECTURE THAT'S MORE ORGANIC AND ECO-FRIENDLY.
AND EDMOND IS A VERY BEAU, IT'S A BEAUTIFUL CITY, RIGHT? THAT'S WHAT WE VALUE.
AND SO I WOULD JUST ASK THAT THIS SITE PLAN, TAKE THAT INTO CONSIDERATION OR THE CITY, UM, REALLY ANALYZE WHAT THEY'RE WILLING TO DO IN THINKING OUTSIDE OF THE BOX TO MEET THOSE ASPECTS.
UH, LET'S HAVE A COUPLE MORE, I THINK.
I LIVE RESIDE AT 1 0 4 HANOVER DRIVE IN EDMOND.
UM, I APPRECIATED YOUR COMMENT THAT SAID YOU'D GOTTEN 70 EMAILS ON THIS.
I THINK THAT SHOWS A A GREAT DEAL OF INTEREST AND I APPRECIATE THE FACT THAT YOU SAID THAT ALL OF 'EM WERE, UH, POSITIVE OR AT LEAST, UH, THEY WERE CIVIL, POLITE, POLITE.
LET'S SAY THAT
UM, I'D LIKE TO, THERE'S BEEN A LOT OF THINGS TALKED ABOUT HERE.
THERE'S BEEN A LOT OF INVESTMENT MADE BY THE OWNER OF THIS PROPERTY TO, TO DO WHAT IS APPROPRIATE FOR THEM.
BUT I I WOULD LIKE TO REALLY POINT OUT TWO THINGS.
ONE IS, UM, I MENTIONED THIS IN MY COVER LETTER TO YOU, AND THAT IS THAT, UH, I REALLY APPRECIATE THE FACT THAT YOU FOLKS DEDICATE YOUR TIME TO LOOK OUT FOR THE CITIZENS OF EDMOND.
I MEAN, WE, THIS PLACE WOULDN'T OPERATE WITHOUT PEOPLE LIKE YOURSELVES WILLING
[01:50:01]
TO DEDICATE YOUR TIME TO THIS.AND I, I OFTEN THINK OF PLANNING COMMISSIONS AS, AS, UH, PEOPLE WHO ARE FOLLOWING THROUGH ON WHAT WINSTON CHURCHILL SAID.
FIRST, WE SHAPE OUR BUILDINGS THEREAFTER THEY SHAPE US.
YOU, YOU FOLKS ARE IN THE, IN THE CHARGE WITH THE RESPONSIBILITY OF SHAPING THE FUTURE OF EDMOND.
AND I RECOGNIZE THAT THIS IS A VERY DIFFICULT ISSUE THAT WE'RE TALKING ABOUT TONIGHT.
BUT I WOULD LIKE TO JUST SAY TWO THINGS HERE IS THAT THIS IS FROM THE EDMOND WEBSITE THAT TALKS ABOUT WHAT THE PURPOSE IS OF THIS COMMISSION HERE.
IT SAYS, TO REDUCE FIRE HAZARDS AND APPROVE, IMPROVE PUBLIC SAFETY AND SAFEGUARD THE PUBLIC HEALTH AND TO FACILITATE THE FLOW OF TRAFFIC AND DECREASE HAZARDS.
AND I, I SUBMIT THAT IF WE, IF YOU FIND YOURSELF IN A POSITION OF MOVING THIS PROJECT FORWARD AS IT'S PRESENTED TO YOU THAT YOU'RE NEGLIGENT WITH REGARD TO YOUR RESPONSIBILITIES TO LOOK AFTER TRAFFIC.
I RECOGNIZE THAT THE SITE PLAN DEALS WITH WHAT HAPPENED ON THE SITE, BUT WE CAN'T LOOK AT A, A PIECE OF PROPERTY IN ISOLATION FROM WHAT THE IMPACT IS TO, TO ALLOW THIS TO MOVE FORWARD.
WE'LL ADD MILLIONS OF DOLLARS IF NOT MAKING ALMOST IMPOSSIBLE TO MAKE IMPROVEMENTS TO THAT INTERSECTION, WHICH IS ONE OF THE MOST DANGEROUS INTERSECTIONS IN THE CITY OF EDMOND.
SO I RESPECTFULLY REQUEST THAT YOU, UM, PASS THIS ON TO THE CITY COUNCIL, LET THEM MAKE A DECISION ON HOW I WANT TO MOVE FORWARD WITH IT.
FERGUS DRIVE HERE TO EXPRESS INCONSISTENCIES IN THE CLAIM THAT COMMERCIAL CMU BLOCK IS COMPATIBLE WITH RESIDENTIAL BRICK CONSTRUCTION.
UM, THIS CLAIM'S NOT JUST MISLEADING, IT'S FACTUALLY INCORRECT.
THE MATERIALS AND THE BUILDINGS THEY REPRESENT, THEY'RE GOVERNED BY ENTIRELY DIFFERENT BUSINESS CODES OR BUILDING CODES AND BUILT FOR DIFFERENT PURPOSES, UH, FUNCTION COMPLETELY DIFFERENT, UM, INCOMPATIBLE WAYS.
WALMART ACCLAIMED CMU STRUCTURE FALLS UNDER IBC, UM, BUILDING CODE.
THAT'S INTERNATIONAL BUILDING CODE, UH, SPECIFICALLY GROUP M MERCANTILE.
THIS MEANS, UH, IT MUST MEET STRICT STANDARDS FOR STRUCTURAL LOADS, FIRE SAFETY, EGRESS AND LARGE PUBLIC OCCUPANCY HOMES IN OUR NEIGHBORHOOD.
ON THE OTHER HAND, FALL UNDER INTERNATIONAL RESIDENTIAL CODE IRC.
THESE CODES PRIORITIZE COMFORT SCALE, RESIDENTIAL SAFETY, UM, NOT LARGE SCALE, UH, FIRE CONTAINMENT OR INDUSTRIAL LOADS.
UM, YOU SIMPLY CAN'T TAKE A STRUCTURAL, A STRUCTURE DESIGN FOR IBC COMMERCIAL CODE CLAIM.
IT'S COMPATIBLE WITH RESIDENTIAL HOMES JUST BECAUSE THEY USE MASONRY ON THE OUTSIDE.
THAT'S NOT HOW BUILDING CODES WORK.
UM, FURTHERMORE, CMU IS LARGER, TYPICALLY EIGHT BY EIGHT BY 16 INCHES.
UM, AND IT'S DESIGNED TO BE LOAD BEARING, REINFORCED WITH REBAR GROUT, UM, PART OF FIRE RATED STRUCTURAL SYSTEM RESIDENTIAL BRICKS VENEER, SMALLER DECORATIVE NON-STRUCTURAL.
IT'S TIED TO WOOD OR, UH, LIGHT GAUGE STEEL FRAMING OFFERS LITTLE TO NO FIRE, UH, STRUCTURAL PERFORMANCE.
UM, PUTTING THESE TWO BY SIDE BY SIDE AND CALLING 'EM COMPATIBLE IGNORES THE FACT THAT THEY DON'T MATCH AND SCALE PURPOSE, STRENGTH, OR SAFETY THAT'S MAKING THIS PROPOSED MATERIAL INCOMPATIBLE WITH THE SURROUNDING AREA.
I BUILD COMMERCIAL BUILDINGS FOR A LIVING AND WHEN I HEARD MR. BOX SAY THAT, YOU KNOW, TAKE CME BLOCK AND
I'M DAN BARTH AND I LIVE AT 26 32 ASH HOLLOW, AND I WON'T GO BACK THROUGH ALL THE THINGS THAT YOU'VE HEARD.
I THINK EVERYONE'S DONE A GREAT JOB BRINGING THAT TO YOUR ATTENTION.
THE ONE THING I DIDN'T HEAR VERY MUCH ABOUT, AND THAT'S THE NOISE POLLUTION, UH, IF YOU'VE EVER BEEN AROUND A COMMERCIAL SITE WITH A GROCERY STORE AND THE 18 WHEELERS COMING IN AND BACKING IT AT NIGHT, AND THE BEEP BEEP BEEP AND THE BANGING OF THE DUMPSTERS AND ALL THE COMMERCIAL ACTIVITIES THAT IS GOING ON IS GONNA BE A, A REAL, UH, TERRIBLE EXPERIENCE FOR THE HOMEOWNERS THAT ARE IN THAT AREA.
SO I JUST HOPE YOU ADD THAT TO IT.
UH, WE'VE TALKED ABOUT EVERYTHING ELSE, THE TRAFFIC, THE NOISE AND ALL THAT STUFF, BUT CONSIDER THE NOISE OF WHAT A 24 HOUR, SEVEN DAY A WEEK OPERATION WILL DO TO THAT NEIGHBORHOOD AND THE NOISE POLLUTION AREA.
DID SHE TOO MANY TIMES SPEAK SHEILA
UM, I WOULD JUST LIKE TO ENCOURAGE, IF YOU HAVE NOT DRIVEN DURING HIGH TRAFFIC TIME IN THESE AREAS
[01:55:01]
THAT WE'RE DISCUSSING TONIGHT, THAT YOU DO SO, AND THAT YOU MAY SEE WHAT EVERYONE'S CONCERNED ABOUT.THERE HAVE BEEN MULTIPLE ACCIDENTS AT THAT INTERSECTION.
MAYBE NOT HURT PEOPLE, MAYBE HURT PEOPLE, BUT YOU CAN SEE THE DAMAGES AND THAT INTERSECTION WAS FIXED NOT VERY LONG AGO.
THE ROADS ARE IN TERRIBLE CONDITION.
THE HEAVY TRUCKS COMING IN AND OUT EVERYWHERE.
UM, AND WALMART WILL HAVE THOSE CONSISTENTLY.
IT WON'T END WITH THE BUILDING AT WALMART.
I THINK THAT'S, UH, ENOUGH TO, UH, GIVE YOU'LL OWN MORE.
MEMBERS, MEMBERS OF THE PLANNING COMMISSION, I'LL MAKE THIS SHORT.
UM, I START OUT BY APPRECIATING THE BRIEFING THAT, UH, UH, BOX MADE.
THIS IS ABOUT SAFETY AND I DON'T KNOW IF THAT'S PART OF THE SAFE SITE PLAN, BUT THIS IS, HE OPENED UP THE DOOR ON SAFETY WHEN HE TALKED ABOUT THE LEGISLATION AND THE ATTORNEYS AND THE COURT COMMITMENT.
I AM 80 YEARS OLD AND I STILL KNOW MY WAY HOME, BUT I MAP IT TO CHECK HOW TO GET HOME.
UH, THIS, UH, COVE AND COLTRANE ARE ALREADY TRAFFIC CHOKE, CHOKE POINTS.
THURSDAY, I HAD TWO INCIDENCES.
THE OTHER ONE WAS A TRAFFIC ACCIDENT AT THE CORNER.
AND WHAT YOU HAVE HERE NORTHBOUND, WHICH IS ONE LANE, ONE LANE NORTHBOUND, ONE LANE SOUTHBOUND ON COLTRANE.
THERE WAS AN ACCIDENT THERE THURSDAY, AND YOU TO MAKE A LEFT HAND TURN THERE, UM, IT GETS TO BE WHERE IT'S A MATTER OF PATIENCE 'CAUSE TRAFFIC SOUTHBOUND.
BUT ANYWAY, THE NORTH DECIDED TO MAKE A LEFT HAND TURN FROM A SOUTHBOUND CAR.
WE HAD AN ACCIDENT THERE THURSDAY.
UH, THE IDEA OF A SITE PLAN FOR WALMART TODAY ON A TWO LANE ROAD WITH A LITTLE WIDENING HERE IN A LITTLE WIDENING THERE DOES NOT MAKE A GOOD PLAN AS A RETIRED TINKER EMPLOYEE.
I LOVE IT WHEN A PLAN COMES TOGETHER WHEN A PLAN DOESN'T WORK.
WE CALL THAT PPPI HAVE QUESTIONS ON OUR COVE IMPROVEMENT PLAN.
WHAT IS THE STATUS OF OUR COLVILLE IMPROVEMENT PLAN? WHAT IS THE IMPACT OF THIS PLAN HERE ON OUR EXISTING PLAN? IS THIS GOING TO PREVENT US FROM DOING ANYWAY? WHAT'S THE IMPACT? AND WE'LL SITE PLAN APPROVAL FOR WALMART ON A TWO LANE ROAD, CREATE, CREATE A TRAFFIC CRISIS.
WE'RE TALKING ABOUT SAFETY HERE ON A SITE PLAN.
IF SO, MAYBE WE CAN CHANGE THE TITLE OF A PLANNING COMMISSION TO CRISIS MANAGEMENT.
THAT'S THE CONCLUDES OF MY SPEECH HERE.
ALRIGHT, DAVID, UH, MR. BOX, COULD YOU VISIT WITH, UH, SOME OF THESE, UH, ISSUES, UH, ONE BEING, UH, LIGHT POLLUTION STORE HOURS, UH, SPEAKERS, UM, MADE THE, UH, THE TRAFFIC, THE, THE INTERIOR AROUND THE SITE, UH, AND A LOT OF COMMENTS AROUND THE, UH, BEING CONSISTENT WITH THE, UH, SURROUNDINGS.
AND ALSO, UH, I I I'M INTERESTED IN WHAT, UH, YOUR COMMENT WOULD BE ON PROPERTY RIGHTS.
WELL, PERHAPS WE START WITH WHAT JUDGE ANDREWS SAID, UM, AND WHAT JUDGE ANDREW SAID IN HIS JOURNAL ENTRY OF PARTIAL SUMMARY JUDGMENT, NOVEMBER 3RD, 2016, IS THAT THE DECISION MADE BY DEFENDANTS CITY COUNCIL TO UPHOLD PLANNING COMMISSION DENIAL OF THE SITE PLAN DEPRIVED PLAINTIFF OF PROPERTY RIGHTS.
SO PERHAPS LET'S START WITH THE, THE CONSISTENT, UM, THE ARCHITECTURALLY CONSISTENT THAT WAS SPECIFICALLY ADDRESSED IN BOTH THE DISTRICT COURT AND THE COURT CIVIL APPEALS.
AND BOTH OF THOSE BODIES RULED THAT THIS EXACT SITE PLAN, THIS EXACT
[02:00:01]
BUILDING, THIS EXACT DESIGN, MET THE REQUIREMENTS OF THE PUD.THE ONLY THING CHANGED IN THIS VERSE, THAT VERSION IS THE COLOR OF THE MASONRY PRODUCT.
THE COLOR IS THE ONLY THING CHANGED.
WHAT YOU SEE BEFORE YOU IN THIS SITE PLAN IS EXACTLY WHAT WAS LITIGATED.
AND BOTH THE DISTRICT COURT THROUGH JUDGE ANDREWS AND THEN THREE DIFFERENT COURTS OF APPEALS JUDGE, ALL RULED THAT THIS SITE PLAN SAVED FOR THE COLOR COMPLIES WITH EVERYTHING THAT A PROPERTY OWNER HAS TO COMPLY WITH TO DEVELOP THIS SITE.
IN FACT, IF YOU LOOK AT PAGE 11 OF THE COURT CIVIL APPEALS OPINION, UH, ALL THREE OF THE JUDGES CONCURRED.
OF COURSE, ONE OF THEM, TWO OF THEM, SOMEBODY COULD HAVE DISSENTED AND HAD A DIFFERENT OPINION.
BUT INSTEAD, WHEN YOU SEE PARAGRAPH 17 AFFIRMED, UM, THEN YOU SEE THAT GORE AND JOPLIN BOTH CONCUR.
SO THE ISSUE OF CONSISTENCY HAS ALREADY BEEN LITIGATED AND THE RULING WAS DIRECT THAT THIS COMPLIES WITH THE PUD AS IT RELATES TO PROPERTY RIGHTS.
THERE WAS A LOT OF TALK ABOUT THINGS ARE DIFFERENT NOW THAN THEY WERE IN 1990.
THE LAW IN OKLAHOMA IS ABSOLUTELY CRYSTAL CLEAR.
WE MAY NOT LIKE IT, BUT ZONING RUNS WITH THE LAND.
AND THIS WAS ZONED PRIOR TO THE NEIGHBORHOOD BEING DEVELOPED.
IF THE NEIGHBORS HAD LOOKED AT THE PUD WHEN THEY BOUGHT THEIR HOME, THEY WOULD'VE SEEN THAT THEY WERE BUYING A PIECE OF PROPERTY NEXT TO A WIDE OPEN E TWO OPEN DISPLAY COMMERCIAL SITE AT A HARD CORNER.
WHAT THEY WOULD'VE FOUND HAD THEY DUG INTO THE CODE, IS THAT A GROCERY STORE EXACTLY AS PRESENTED TO YOU HERE THIS EVENING IS ABSOLUTELY AUTHORIZED.
NOW AS IT RELATES TO LIGHTING, YOUR CODE HAS LIGHTING REQUIREMENTS AS IT RELATES TO DEVELOPMENT OF COMMERCIAL PROPERTY.
NEXT TO SINGLE FAMILY RESIDENTIAL, WE WILL MEET OR EXCEED ALL THOSE LIGHTING REQUIREMENTS.
THERE'S A SENSITIVE BORDER STANDARD, WHICH WE MEET.
UM, ONE OF THE, THE IMAGE OF THE, THE FIVE-YEAR-OLD'S BEDROOM, I BELIEVE WAS SOMEWHERE OVER HERE.
SO IT'S WORTH NOTING THAT'S WHY WE CREATED THIS LINE OF SIGHT STUDY.
SO, UM, A PERSON HERE, OF COURSE, AGAIN, WE HAVE THIS 125 FOOT BUFFER, AND THEN YOU HAVE A ROW OF TREES, AND THEN YOU HAVE A SERIES OF TERRACES, ALL OF WHICH ARE LANDSCAPED.
AND THEN YOU HAVE SUNKEN DOWN 30 FEET BELOW IS OUR BUILDING.
GIVEN THE FENCE AND THE TREES, YOU'RE NOT GONNA BE ABLE TO SEE THAT STRUCTURE.
SO WHAT MORE CAN A PROPER OWNER AND DEVELOPER DO OTHER THAN COMPLY WITH THE RULES AS PRESCRIBED BY A CITY? THERE'S NOTHING MORE THEY CAN DO TO PUT ADDITIONAL REQUIREMENTS WOULD BE ABSOLUTELY SUBJECTIVE AND VIOLATE EVERY PRINCIPLE OF DEVELOPMENT AND EVERY PRINCIPLE OF LEGAL AUTHORITY THAT EXISTS FOR THE STATE OF OKLAHOMA.
WHAT I WILL DO IS CLOSE WITH TWO SPECIFIC QUOTES FROM THE COURT OF CIVIL APPEALS.
AGAIN, THERE'S A LOT OF TALK ABOUT SAFETY AND, AND THE GENERAL WELFARE.
SO WITHIN PARAGRAPH 15, COURTS HAVE BEEN LESS WILLING TO ALLOW LOCAL GOVERNMENTS TO USE PUBLIC HEALTH SAFETY AND WELFARE CONCERN TO JUSTIFY SITE PLAN DISAPPROVAL.
THE REASON IS OBVIOUS SITE PLAN REVIEW IS A MINISTERIAL DECISION THAT FOLLOWS FROM THE APPLICANT'S DEMONSTRATED COMPLIANCE WITH SPECIFIC STANDARDS.
THE PUBLIC HEALTH SAFETY AND WELFARE STANDARD IS A BROAD STANDARD THAT DEMANDS AN EXERCISE OF DISCRETION.
FOR THIS REASONS, THE COURTS WILL RULE THAT IT IS ARBITRARY AND CAPRICIOUS TO DENY SITE PLAN APPROVAL ON GROUNDS OF PUBLIC HEALTH, SAFETY OR WELFARE.
MOST COURTS REGARD THE SITE PLAN REVIEW STEP AKIN TO A BUILDING PERMIT IF THE REQUIREMENTS ARE MET.
THE DECISION MAKING BODY HAS NO DISCRETION TO DENY THE SITE PLAN.
WE HAVE PRESENTED TO YOU A SITE PLAN FULLY COMPLIANT.
YOUR STAFF BUYING THROUGH THEIR STAFF REPORT, RECOMMENDING APPROVAL, CONFIRMS THAT YOU SEE SITE PLAN APPLICATIONS ROUTINELY THAT WILL HAVE VARIANCES IN THEM.
THAT VARIANCE REQUEST IN A SITE PLAN APPLICATION IS TELLING YOU THAT SITE PLAN DOESN'T CONFORM TO ALL OF THE RULES REQUIRED FOR WHATEVER THAT ZONING DISTRICT IS.
THAT'S NOT WHAT YOU HAVE HERE.
HERE YOU HAVE A RECOMMENDATION OF APPROVAL WITH NOT A SINGLE VARIANCE BECAUSE WE MEET ALL OF THE RULES.
AND JUST AS THE COURT OF CIVIL APPEALS HAS ALREADY TOLD, THE CITY OF EDMOND ALREADY TOLD THE ASHFORD OAKS NEIGHBORHOOD, IF THAT IS THE ANSWER, THEN IT IS MINISTERIAL
[02:05:01]
AND IT MUST BE APPROVED.WE WOULD ASK THAT YOU FOLLOW THE PRECEDENT SET ON THIS SITE TO THE CITY OF EDMOND BACK IN 2017.
CAN I ASK YOU ONE MORE QUESTION? YES, SIR.
JUST, UH, BUT THERE WAS A COMMENT ABOUT THE, UH, THE LANDSCAPING WITH THE, UM, UH, THE, THE TREES, UH, ARE, ARE YOU GOING TO COMPLETELY, UH, REPLANT TREES OVER THERE OR LEAVE THE EXISTING TREES ON THE, IN THE 120 FOOT BUFFER? SO WE'LL HAVE TO REPLANT, UH, SOME OF THE TREES ON TOP OF THAT TERRACE.
JUST BECAUSE THAT, UH, THERE'S CONSTRUCTION WORK ON THAT.
AND, UH, WE HAVE SUBMITTED A TREE SURVEY THAT WE BELIEVE HAS BEEN APPROVED.
SO, UM, YEAH, WE WILL HAVE TO, TO PLANT TREES.
WE WILL MEET OR EXCEED ALL LANDSCAPING REGULATIONS.
ANY OTHER QUESTIONS FROM THE COMMISSION? ARE WE READY FOR A VOTE? I, I HAVE A, AN ADDITIONAL COMMENT.
UM, BEFORE MY CURRENT ROLE FOR MY DAY JOB, I USED TO WORK FOR A DEVELOPER HERE IN AT OKLAHOMA.
AND IT'S VERY NORMAL FOR THERE TO BE A DIALOGUE, UH, BETWEEN A DEVELOPER AND THE COMMUNITY.
UM, AND TO COME BACK AFTER AND TO FIX REQUESTS.
I THINK IT'S A SHAME YOU'D PREFER TO LITIGATE THAN BE FLEXIBLE.
UM, I, I BELIEVE, AND I SEE A PATH FORWARD WHERE THIS GETS APPROVED AND A WALMART'S ON THAT CORNER, UH, FOLLOWING THE CODE AND WHERE MAJORITY OF PEOPLE CAN BE HAPPY.
UM, IT, IT APPEARS TO ME YOU'D PREFER TO GO TO COURT AND FIGHT THAN WORK WITH THE COMMUNITY.
UM, THE FIRST THING YOU STOOD UP THERE AND SAID WAS WHEN IT WAS LITIGATED.
UM, THAT'S NOT THE PRECEDENT THAT MOST DEVELOPERS AND ADMIN HAVE SET.
UH, I THINK THAT'S JUST A SHAME.
IF I MAY, MR. CHAIR ADDRESS THAT.
I WILL SAY, UM, MY CLIENT DID HAVE A SIT DOWN MEETING, UM, WITH THE HOA PRESIDENT TO DISCUSS WHETHER OR NOT THERE WAS A PATH FORWARD.
UM, THE INDICATION WE GOT WAS, YOU KNOW, THERE THERE'S NOT.
SO, I, I DON'T KNOW THAT IT'S FAIR TO SAY IT'S A SHAME THERE WAS NOTHING WE COULD HAVE DONE WELL LET BACK IN 2015.
WE HAVE RAISED CONCERNS AS WELL THAT FROM WHAT I UNDERSTAND, YOU DON'T PLAN ON, UH, ALTERING THE SITE PLAN TO ACCOMMODATE EITHER.
IS THAT CORRECT? SO I THINK YOU HAVE TO APPRECIATE THAT SIGNIFICANT AMOUNT OF MONEY HAD TO BE SPENT LITIGATING THIS LAST TIME AND YEARS SPENT LITIGATING THIS LAST TIME.
AND ONE OF THE THINGS THAT WE HAVE IN AMERICA IS PRECEDENT.
AND WHAT THE COURT TOLD US IS THIS IS THE RULE.
OUR FEAR WAS IF WE START MODIFYING THE SITE PLAN IN A MANNER THAT PERHAPS NO LONGER MET THE STRICT INTERPRETATION OF THE CODE, WE FIND OURSELVES IN A POSITION OF NOT BEING UNDER WHAT THAT OPINION SAID FROM THE COURT OF CIVIL APPEALS.
AND SO OUR GOAL, AND THIS STARTED, I BELIEVE IT WAS OCTOBER, WE STARTED MEETING WITH STAFF.
AND AT EVERY MEETING WE MADE IT CLEAR, OUR GOAL IS WHAT DO WE HAVE TO DO TO MEET YOUR RULES? UM, AND SO IT WAS ONLY AFTER WE GOT TO A POINT WHERE WE MET ALL THE RULES THAT WE FORMALLY SUBMITTED AND, AND FOUND OURSELVES HERE.
BUT I I DON'T THINK IT'S SHAMEFUL THAT A DEVELOPER SPENT THREE YEARS AND SIGNIFICANT MONEY LITIGATING TO FIND OUT THAT IN FACT THEY WERE CORRECT AND THEY WERE RIGHT.
AND IT SHOULD HAVE BEEN APPROVED TO THEN COME BACK AND MEET WHAT THE COURT TOLD US.
HE MENTIONED TO ME, UH, MR. TAPP CALLED ME PERSONALLY.
I DID MEET WITH HIM PERSONALLY AND I MADE IT VERY CLEAR MY MEETING WAS JUST FOR ME PERSONALLY.
I WAS NOT REPRESENTING THE HOA AND WHAT I TOLD HIM WAS, MY HOUSE DOES ABUT TO THIS SENSITIVE BORDER.
AND IF THIS WERE APPROVED, UH, MA'AM, CAN WE SHOW THAT, UH, UH, FAIR FARLEY FENCE IMAGE THAT'S ON THE THUMB DRIVE, CHRISTINE? I THINK WE'RE AWARE.
SO THIS IS THE WOODEN FENCE BEHIND THE SECOND STREET, WALMART.
I SAID, THIS IS WHAT WE'RE GONNA BE LOOKING AT.
ME PERSONALLY, THE HOA HAD NOTHING TO DO WITH OUR MEETING.
AND WHAT MR. TAP TOLD ME IN THAT MEETING WAS, IF I COULD MAKE THE FIGHT GO AWAY, HE WOULD TAKE CARE OF ME PERSONALLY.
SO I THINK IT IS A SHAME WHEN WE GO TO LITIGATION.
UH, DO I HEAR A MOTION TO BRING THIS TO A VOTE? MOTION TO APPROVE.
[02:10:07]
ALL RIGHT.THIS, UH, THIS MOTION, UH, FAILS AND SO THERE WAS NO, UH, MOVEMENT TO COUNSEL.
AND, UM, I WOULD ASSUME WE'LL PROBABLY SEE THIS AGAIN.
LET'S MOVE ON TO, UH, I DON'T REALIZE THIS.
WE, WE STILL HAVE MORE MEETING.
WE HAVE MORE MEETINGS TO GO, PLEASE.
WE NEED TO FINISH THE MEETING.
SO IF YOU COULD, UH, MAKE YOUR WAY OUT, I WOULD APPRECIATE IT.
UH, LOOKING AT NUMBER ITEM NUMBER FOUR.
THE ITEMS LISTED UNDER DISCUSSION AND CONSIDERATION ARE USUALLY DISCUSSED AND CONSIDERED INDIVIDUALLY BY MEMBERS OF THE PLANNING COMMISSION.
AND, UH, THERE WERE NO ITEMS THAT WERE PULLED FROM THAT.
SO ANY NEW BUSINESS OR, UH, CITIZEN COMMENTS? NO CITIZEN COMMENTS.
ANYONE WOULD LIKE TO MAKE A COMMENT? UH, NO.
SO DO I HEAR A, UH, A MOTION TO ADJOURN? I WOULD MAKE, I WOULD MAKE A MOTION TO AURN.