[00:00:06] GOOD EVENING. WELCOME TO THE CITY OF ANNA. PLANNING AND ZONING MEETING FOR MAY 5TH. THE TIME IS NOW 6 P.M.. [1. Call to Order, Roll Call, and Establishment of Quorum.] ALL COMMISSIONERS ARE PRESENT. QUORUM HAS BEEN ESTABLISHED. WE'LL MOVE ON TO ITEM NUMBER TWO INVOCATION AND PLEDGE OF ALLEGIANCE. ALL RISE FOR THE INVOCATION AND PLEDGE OF ALLEGIANCE BY COMMISSIONER MARTIN. DEAR HEAVENLY FATHER, PLEASE ALLOW US TO APPROACH OUR DISCUSSIONS TONIGHT WITH OPEN MINDS AND RESPECTFUL HEARTS. MAY OUR DELIBERATIONS BE GUIDED BY A COMMITMENT TO THE COMMON GOOD OF OUR COMMUNITY. AMEN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. AT THIS TIME, ANY PERSON MAY ADDRESS THE PLANNING AND ZONING COMMISSION REGARDING AN ITEM ON THIS MEETING AGENDA THAT IS NOT SCHEDULED FOR PUBLIC HEARING. ALSO, AT THIS TIME, ANY PERSON MAY ADDRESS THE COMMISSION REGARDING AN ITEM THAT IS NOT ON THIS MEETING'S AGENDA. EACH PERSON WILL BE ALLOWED UP TO THREE MINUTES TO SPEAK. NO DISCUSSION OR ACTION MAY BE TAKEN AT THIS MEETING ON ITEMS NOT LISTED ON THIS AGENDA, OTHER THAN TO MAKE STATEMENTS OF SPECIFIC FACTUAL INFORMATION IN RESPONSE TO A NEIGHBOR'S INQUIRY, OR TO RECITE EXISTING POLICY IN RESPONSE TO THE INQUIRY. WE'LL MOVE ON TO DIRECTOR'S REPORT BY MISS SCOTT SIMS. [4. Director's Report.] THANK YOU. CHAIR. EXCUSE ME. THANK YOU CHAIR, COMMISSIONERS. I JUST HAVE A FEW ITEMS THIS EVENING TO SHARE WITH YOU. YOU MAY RECALL THE CBD AND SMOKING RELATED ORDINANCE. THE COUNCIL DID APPROVE THAT ORDINANCE ON APRIL APRIL 8TH. THEY YOU MAY ALSO RECALL THAT YOUR RECOMMENDATION INCLUDED A 1000 FOOT BUFFER AROUND SCHOOLS AND CHURCHES. THE COUNCIL APPROVED A DECREASED BUFFER. SO THEY INCREASED THAT TO 2000FT AROUND SCHOOLS AND CHURCHES. ALSO ON ON APRIL 22ND, THE COUNCIL APPROVED THE REZONING OF THE ANNA CDC PROPERTY RIGHT HERE ACROSS THE STREET AT THE CORNER OF 7TH AND INTERURBAN. AND THEN THEY ALSO APPROVED THE TREE PRESERVATION ORDINANCE, AND THAT'S ALL I HAVE. THANK YOU. THANK YOU. MOVING ON TO CONSENT ITEMS. [Consent Items] AT THIS TIME, DOES ANY COMMISSIONER WISH TO PULL AN ITEM FROM THE CONSENT AGENDA? NO. OKAY, I'LL MOTION TO APPROVE ITEM 6 THROUGH 13. I HAVE A SECOND FROM COMMISSIONER MARTIN. THIS MATTER IS NOW OPEN FOR A VOTE. COMMISSIONERS, PLEASE CAST YOUR VOTE. MOTION PASSES SEVEN IN FAVOR AND SEVEN OPPOSED. UNANIMOUS. MOVING ON TO ITEMS FOR INDIVIDUAL CONSIDERATION. [Items for Individual Consideration] CONDUCT A PUBLIC HEARING CONSIDER AND DISCUSS ACTION REGARDING THE DHI ANNA BLOCK A LOTS 2R AND 3R , AND THE WOODS AT LINDSEY PLACE. OWNER IS DR HORTON. THE APPLICANT IS REQUESTING A 30 DAY EXTENSION. BECAUSE THIS IS A RESIDENTIAL REPLAT, IT REQUIRES A PUBLIC HEARING. STAFF RECOMMENDS YOU OPEN THE PUBLIC HEARING AND HOLD IT OPEN UNTIL THE JUNE 2ND PLANNING AND ZONING COMMISSION MEETING. YOU SAID JUNE 2ND. THAT'S CORRECT. THAT IS CORRECT. AT THIS TIME, I'LL OPEN THE PUBLIC HEARING AT 6:05 P.M.. IS THE APPLICANT HERE, DO THEY WANT TO SAY ANYTHING? NO. OKAY. WE HAVE NO SPEAKER CARDS FOR THIS ITEM. CORRECT. OKAY. [00:05:10] IS THERE A MOTION ON AGENDA ITEM NUMBER 14? MOTION TO APPROVE ITEM 14. CAN YOU STATE TO LEAVE IT OPEN TILL JUNE 2ND P&Z? MOTION TO APPROVE THE EXTENSION TILL JUNE 2ND. OKAY. I'LL SECOND. AND I HAVE A SECOND BY COMMISSIONER NYLEC. DO WE NEED A VOTE LAUREN? OKAY. THE MATTER IS NOW OPEN FOR VOTE. COMMISSIONERS, PLEASE CAST YOUR VOTE. WE DON'T HAVE A VOTE. IT WENT AWAY. MOTION PASSES SEVEN FOR, UNANIMOUS. MOVING ON TO AGENDA ITEM NUMBER 15. APPROVE A RESOLUTION REGARDING LIBERTY HILLS PHASES ONE AND TWO PRELIMINARY PLAT. OWNER IS PH LAND HOLDINGS, LLC. THIS APPLICATION IS A PRELIMINARY PLAT FOR THE FIRST TWO PHASES OF LIBERTY HILLS. THE APPLICANT IS REQUESTING A WAIVER FROM THE SUBDIVISION REGULATIONS THAT SAYS A CUL DE SAC MUST BE BETWEEN 400FT AND 600FT IN LENGTH. THEY HAVE THREE THAT ARE LESS THAN 400FT. YOU HAVE ONE ON THE NORTHERN END THAT'S 152FT, ONE IN THE MIDDLE THAT'S 212FT, AND ONE AT THE SOUTH END THAT'S 269FT IN LENGTH. THIS IS RECOMMENDED FOR APPROVAL, SUBJECT TO APPROVAL OF A WAIVER FROM SECTION 9.02.081P MAXIMUM AND MINIMUM LENGTH OF THE CUL DE SAC STREETS. I HAVE A QUESTION. CAN YOU GO BACK TO THE MAP? SO ON THE ONE THAT'S THE 212 FOOT NINE INCHES ON MARION DRIVE. WHAT'S GOING IN THAT CENTER LOCATION? IS THAT A PARK? I THINK IT'S TREE PRESERVATION AREA, ISN'T IT? IT'S THEIR AMENITY CENTER. THE TREE PRESERVATION IS TO THE SOUTH. THE LARGE PIECE TO THE SOUTH. OKAY. AND WHAT DID YOU STATE WAS THE STANDARD? THE CITY OF ANNA'S REQUIREMENT IS THAT THE MINIMUM IS 400FT IN LENGTH, AND THE MAXIMUM IS 600FT IN LENGTH. THANK YOU. ANY OTHER QUESTIONS FROM COMMISSIONERS? OKAY. IS THERE A MOTION ON AGENDA ITEM NUMBER 15? I HAVE A QUESTION THOUGH. IT SAYS SHOWS A RADIUS OF 50FT. IF I'M READING THIS CORRECTLY, HOW DO WE GET TO 152FT? I'M SORRY. SAY THAT AGAIN. YOU'RE LOOKING AT THE RADIUS IS I'M SORRY SAY. YES. I SEE RADIUS OF 50FT. SO THE RIGHT OF WAY FOR A CUL DE SAC IS 100FT IN DIAMETER. THE MEASUREMENT IS DONE FROM THE CENTER OF THE CUL DE SAC TO THE NEAREST INTERSECTION. I DIDN'T SHOW WHERE I WAS MEASURING ON HERE, BUT IT'S BENTGRASS DRIVE. SO FROM THAT INTERSECTION TO THE MIDDLE OF THE 152FT. I SEE THAT, THANK YOU. OKAY. DO WE HAVE ANY MOTION ON AGENDA ITEM NUMBER 15? I'LL MOTION TO APPROVE. HAVE A MOTION TO APPROVE BY COMMISSIONER HERMANN. DO I HAVE A SECOND? I'LL SECOND. OKAY. I HAVE A SECOND BY COMMISSIONER NYLEC. THE MATTER IS NOW OPEN FOR A VOTE. COMMISSIONERS, PLEASE CAST YOUR VOTE. MOTION PASSES WITH SEVEN IN FAVOR NONE OPPOSED. UNANIMOUS. MOVING ON TO ITEM NUMBER 16. CONDUCT A PUBLIC HEARING CONSIDER AND DISCUSS ACTION ON A RESOLUTION REGARDING SURDUKAN . CITY BLOCK A LOT. ONE DEVELOPMENT PLAT OWNER IS DAVID AND KAREN SURDUKAN. THE APPLICATION BEFORE YOU IS A DEVELOPMENT PLAT. AS YOU MAY KNOW, A DEVELOPMENT PLAT IS NOT A RECORDED PLAT. IT IS FOR DEVELOPMENT OF A PROPERTY. TYPICALLY IT DOES NOT INVOLVE DEDICATING ANY RIGHTS OF WAY. [00:10:03] IT'S JUST SO THAT THE PROPERTY CAN BE DEVELOPED AS SHOWN. THE ISSUE WITH THIS PROPERTY IS IT IS ALREADY EXISTING A S LANDLOCKED AND THEREFORE THE APPLICANT IS HAVING TO REQUEST FOR WAIVERS FROM THE SUBDIVISION REGULATIONS FOR ADEQUACY OF STREET AND THOROUGHFARES, STREET DEDICATION, MAXIMUM AND MINIMUM LENGTH OF BLOCK OR STREET SEGMENTS, AS WELL AS THE MINIMUM FRONTAGE ON A PUBLIC STREET. SO, AS YOU CAN SEE ON THEIR DEVELOPMENT PLAT, THERE'S AN EXISTING GAS EASEMENT, ON THIS SCREEN IT'S SHOWN IN GREEN. AND THEN THEY'RE PROPOSING A FUTURE ACCESS EASEMENT IN RED. THE APPLICANT PROVIDED THIS DRAWING THAT SHOWS THEIR ENTIRE PROPERTY IN GREEN IS AN EXISTING ROAD ACCESS PRIVATE ACCESS EASEMENT. IN RED IS THEIR PROPERTY. STAFF RECOMMENDS DENIAL OF THE REQUESTED WAIVERS DUE TO THE NUMBER OF BUILDINGS ON THE PROPERTY AND LACK OF ACCESS TO THEM FOR PUBLIC SAFETY PURPOSES. THEREFORE, WITH A WITHOUT THOSE WAIVERS, STAFF RECOMMENDS DENIAL OF THE PLAT AS IT IS IN VIOLATION OF SECTION 9.02.087B, SECTION 9.02.081C1, SECTION 9.02.081C6 AND SECTION 9.02081O. OKAY. AT THIS TIME, I WILL OPEN THE PUBLIC HEARING AT 6:12 P.M.. DOES ANY COMMISSIONERS HAVE ANY TECHNICAL QUESTIONS FOR STAFF? I DON'T HAVE A QUESTION, BUT CAN WE GO BACK TO THE MAP? WHICH ONE? THIS ONE. SORRY. YES. SO THEY'RE JUST PROPOSING TO HAVE THE ONE ENTRYWAY ON THE NORTH. IS THAT CORRECT? AND THAT'S THE CURRENT MEANS AND ENTRANCE TO THIS PROPERTY. CORRECT. AND CAN YOU GO BACK TO THE SITE PLAN THE DEVELOPMENT PLAT. SO THOSE ARE IS IT I'M GUESSING ARE THOSE LIKE HOUSES THAT THEY'RE LOOKING TO BUILD. SO THERE'S A COMBINATION OF HOUSES AND TINY HOMES. OKAY. WITH NO ACCESS TO. SO THERE'S THERE'S THAT FUTURE UTILITY. OKAY. OKAY. AND IF I GO BACK TO THE AERIAL IMAGE, YOU CAN SEE THAT THE COUNTY ROAD, THERE'S A CEMETERY IN BETWEEN THE COUNTY ROAD AND THIS LOT. OKAY THAT MAKES SENSE. ANY MORE QUESTIONS? TECHNICAL QUESTIONS FOR STAFF. IS THE APPLICANT HERE? OKAY. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. MY ADDRESS IS 13970 COUNTY ROAD 480. CAN WE TURN THE MIC UP, PLEASE? I JUST WANTED TO SAY WE ARE BASICALLY LANDLOCKED BECAUSE ON THE EAST IS THE COUNTY CAMP, YMCA CAMP. ON THE WEST, IT'S ALL CEMETERY. AND SO WE'RE KIND OF STUCK. BUT WHAT WE WERE PLANNING ON DOING WAS COMMUNICATING WITH THE CEMETERY AND GET A PRIVATE EMERGENCY ACCESS EASEMENT ALONG THEIR SOUTH ROAD THAT COMES INTO THE SOUTH PART OF OUR PROPERTY AT THE SOUTHEAST CORNER OR SOUTHWEST CORNER. AND SO FOR EMERGENCY PURPOSES, WE'D HAVE TWO ENTRANCES THEN FOR THAT PROPERTY. OF COURSE, IT ALL HINGES ON IF WE CAN GET THAT EASEMENT OR NOT. THE OTHER THINGS WE'D LIKE TO DO WITH THIS IS MY DAUGHTER IN LAW HAS A HEART FOR FAMILIES, AND SOME OF THOSE SMALLER HOMES WOULD BE USED TO HOUSE FAMILIES THAT WERE EITHER HAVE SPOUSAL ABUSE OR WHAT HAVE YOU. SO IF THEY HAVE TO LEAVE IN THE MIDDLE OF THE NIGHT TO GO SOMEPLACE, THEY HAVE SOMEPLACE TO GO INSTEAD OF GOING TO A SHELTER OR SOMETHING. AND I KNOW THAT'S REALLY HEAVILY ON MY DAUGHTERS DAUGHTER IN LAW'S HEART TO DO THAT. SO THAT'S BASICALLY WHY WE'RE DOING WHAT WE'RE DOING HERE FOR NOW. BUT OF COURSE, IT'S A DEVELOPMENT PLAN AND A DEVELOPMENT PLAN YOU SHOW EVERYTHING YOU CAN DO IN THE NEXT 500 YEARS, EVEN THOUGH YOU'RE NOT GOING TO DO ANY OF IT. BUT SO THAT'S WHY WE HAVE EVERYTHING SHOWN ON THERE. [00:15:10] WE DO HAVE WE DO OWN ALL THE PROPERTY NORTH OF THIS AND OUT TO THE THE COUNTY ROAD 40. SO WE DO HAVE ACCESS. SO IF YOU HAVE ANY OTHER QUESTIONS. DO ANY COMMISSIONERS HAVE ANY TECHNICAL QUESTIONS FOR THE APPLICANT? I HAVE ONE. WHAT WHAT'S CURRENTLY ON THE PROPERTY. IT'S A ROLLING CEDAR TREES. OKAY, SO, NONE YOU HAVE NO HOUSES OR ANY OTHER STRUCTURES OUT THERE CURRENTLY? A LOT OF WHITE ROCK. A LOT OF HOMES. OKAY. IF Y'ALL DON'T HAVE ANY OTHER QUESTIONS, I'M GOING TO EXCUSE HIM. THANK YOU SIR. THANK YOU. WE ONLY HAD ONE SPEAKER CARD, AND THAT WAS MR. SURDUKAN. AT THIS TIME, I'LL CLOSE THE PUBLIC HEARING AT 6:16 P.M. AND CONFINE COMMENTS TO COMMISSION AND STAFF. ANY QUESTIONS, GUYS? THOUGHTS? CONCERNS? MAN, Y'ALL ARE QUIET TONIGHT, MUST BE MONDAY. CAN YOU GO BACK TO THE MAP THAT SHOWED THE ACCESS POINTS? WHAT WAS AROUND IT? CAN YOU GO BACK TO WHAT THEY. ARE YOU FINISHED? SORRY. CAN YOU GO BACK TO WHAT ARE GOING TO BE THE EXCEPTIONS? THANK YOU. YEAH, THANKS. WELL, I'LL GET THE PARTY STARTED SINCE YOU GUYS ARE BEING QUIET. MY ONLY CONCERN IS THAT THERE'S SO MANY EXCEPTIONS. IF IT WAS ONE, I THINK IT WOULD BE EASIER TO WORK WITH. I WOULD LIKE TO SEE MAYBE GETTING THAT ACCESS POINT GRANTED THROUGH ONE OF THE PROPERTIES, WHICHEVER ONE I GUESS WOULD BE BEST TO WORK WITH. I JUST I CAN'T SEE PASSING IT WITH ALL OF THE EXCEPTIONS. I'D REALLY WANT TO SEE DEFINITELY ANOTHER WAY IN. YEAH. I THINK IF THEY CAME WITH THAT EASEMENT FROM THE CEMETERY, IT WOULD BE A LITTLE MORE PALATABLE, BECAUSE RIGHT NOW, I MEAN, THERE'S ONLY ONE WAY IN, ONE WAY OUT. AND, YEAH, JUST THE ACCESS, GETTING TO ALL THAT STUFF IN THE EVENT THERE WAS AN EMERGENCY, IT'S GOING TO BE REAL HARD. MY OTHER CONCERN IS, IS THERE'S CURRENTLY NOTHING THERE. BUT HOW FAST WILL IT BUILD? IS IT GOING TO BE A SLOWER PROCESS THAT'S GOING TO GO OVER THE NEXT TEN YEARS, YOU KNOW, THAT'S PLENTY OF MORE TIME TO COME BACK IN. A LOT OF THESE PROBABLY BE ADDRESSED. SO I'M GOING TO HAVE TO MOTION FOR DENIAL. COULDN'T THEY JUST MAKE THAT ACCESS ROAD WIDER TO TO HELP? BUT IT WOULD STILL JUST BE ONE. I KNOW IT'LL JUST BE ONE, BUT IF IT WAS WIDER, THAT WOULDN'T HELP MATTERS ANY. NO. OKAY. COMMISSIONER NYLEC LIKE JUST TO KIND OF PIGGYBACK ON THAT. SO WHAT'S WHAT THEY HAVE NOW IS NOT A ROAD. IT'S JUST A DRIVEWAY. SO IT'S A PRIVATE ACCESS EASEMENT, WHICH IS DIFFERENT FROM A ROAD, WHICH IS A PUBLIC RIGHT OF WAY. SO THAT'S YOU'LL HAVE TO TAKE THAT INTO CONSIDERATION TOO. SO IN ORDER TO MAKE IT INTO A ROAD, OF COURSE THAT COSTS ADDITIONAL MONEY. YOU HAVE TO DEDICATE RIGHT OF WAY TO, I GUESS, THE COUNTY OR AND SO IT'S JUST A DRIVEWAY. IT'S NOT A I JUST WANT TO CLARIFY THAT IT'S NOT A DRIVEWAY. I MEAN, IT'S NOT A ROAD. YEAH. THANK YOU, I UNDERSTAND. I MOVE TO DENY ON ITEM NUMBER 16 UNDER INDIVIDUAL CONSIDERATION. SECOND. I HAVE A SECOND BY COMMISSIONER LONGMIRE. THIS MATTER IS NOW OPEN FOR A VOTE. COMMISSIONERS, PLEASE CAST YOUR VOTE. [00:20:18] MIC] OKAY. THE MOTION FOR DENIAL PASSES SEVEN IN FAVOR AND ZERO OPPOSED. UNANIMOUS. MOVING ON TO ITEM NUMBER 17. CONDUCT A PUBLIC HEARING CONSIDER DISCUSS ACTION ON AN ORDINANCE REGARDING REQUEST FOR A SPECIFIC USE. PERMIT FOR COMMERCIAL, RADIO, TV, OR MICROWAVE OPERATIONS. TOWER ON URBAN CROSSING BLOCK A LOT 19R. OWNER IS URBAN CROSSING HOMEOWNERS ASSOCIATION. THIS ITEM IS. THIS ITEM IS A SPECIFIC USE PERMIT FOR A TELECOMMUNICATIONS TOWER. THE PROPERTY IS A COMMON AREA LOT WITHIN THE URBAN CROSSING SUBDIVISION. THE APPLICANT IS PROPOSING TO CONSTRUCT A 120 FOOT TOWER AS A MONOPOLE, AND THERE IS CURRENTLY A 60 FOOT TALL TOWER ON THE SITE. ON THIS SCREEN ON THE ON YOUR RIGHT IS THE EXISTING 60 FOOT OR 80 FOOT TALL TOWER, AND THEN THE LARGER CIRCLE IS THE PROPOSED LOCATION. AS YOU CAN SEE, THIS PROPERTY IS SURROUNDED BY EASEMENTS AND ROAD. THE DEVELOPABLE AREA OF THE COMMON AREA LOT IS VERY MINIMAL. THE HOA HAS EXPRESSED A FEW TIMES THEIR DESIRE FOR THIS MONOPOLE BECAUSE THEY DON'T INTEND TO BUILD ANY STRUCTURES ON THE SITE. TO THE WEST OF THIS SITE, ON THE OTHER SIDE OF BOTH FUTURE SAND RIDGE BOULEVARD AND THE TRANSMISSION EASEMENT IS LIBERTY HILLS, THEIR COMMERCIAL AREA. TO THE SOUTH OF THIS SITE IS VILLAGES OF HURRICANE CREEK, NORTH ACROSS FROM ROSAMOND PARKWAY, AS WELL AS THE TRANSMISSION EASEMENT. AND THEN YOU HAVE A COMMERCIAL SITE ALSO TO THE SOUTHEAST, TO THE NORTH AND TO THE WEST IS ALL URBAN CROSSING NEIGHBORS. WHEN CONSIDERING A SPECIFIC USE PERMIT, THE PLANNING AND ZONING COMMISSION SHALL MAY RECOMMEND AND THE CITY COUNCIL MAY ESTABLISH CONDITIONS REGULATIONS NECESSARY WITH THE SPECIFIC USE PERMIT REQUEST. THE APPLICANT AS WELL AS STAFF ARE PROPOSING THE FOLLOWING RECOMMENDATIONS THAT THE SITE SHALL DEVELOP IN ACCORDANCE WITH THE SITE PLAN. THAT THERE IS A MAXIMUM HEIGHT OF 120FT. THAT THE TOWER BE DESIGNED TO ACCOMMODATE AT LEAST FOUR PROVIDERS. THERE SHALL BE NO LIGHTING INSTALLED ON THE TOWER OTHER THAN BY LAW. THE SITE SHALL BE CONSTRUCTED AND OPERATED IN ACCORDANCE WITH THE APPROVED DRAWINGS, AND THE ANTENNAS FROM THE INTERNET SERVICE PROVIDER CURRENTLY OPERATING ON THIS PARCEL SHALL BE ACCOMMODATED ON THIS TOWER ONLY AFTER THE REMOVAL OF THEIR EXISTING SELF-SUPPORTING LATTICE TOWER. WE DID NOT RECEIVE ANY RESPONSES FROM THE MAILERS THAT WERE SENT OUT. I WILL OPEN THE PUBLIC HEARING AT 6:24 P.M.. DOES ANY COMMISSIONERS HAVE TECHNICAL QUESTIONS FOR STAFF? BEFORE THE COMMISSIONERS BEGIN I BELIEVE THERE'S A TYPO ON ITEM NUMBER FOUR THAT IT SHOULD BE OTHER THAN REQUIRED BY LAW. IN TERMS OF THE LIGHTING PROHIBITION, THE IDEA IS THERE WOULD BE NO BARRIER IF THE FCC OR THE FAA SAYS YOU GOT TO PUT A RED BLINKY ON THE TOP OF IT. BUT OTHER THAN THAT, UNLESS A LAW REQUIRES THE LIGHT TO BE PUT THERE, THERE WON'T BE ANY LIGHTING ON THE TOWER, IS THE RECOMMENDATION. OKAY. LAUREN, DO WE KNOW HOW MANY DEVICES ARE ON THE CURRENT TOWER? I WILL HAVE TO DEFER TO THE APPLICANT. OKAY. ANYONE HAVE QUESTIONS FOR STAFF? TECHNICAL. OKAY. IS THE APPLICANT HERE? DO YOU WISH TO ADDRESS THE COMMISSION? PLEASE STATE YOUR NAME AND ADDRESS AND COMPANY FOR THE RECORD. YES. THANK YOU, MADAM CHAIR AND MEMBERS OF THE COMMISSION. MY NAME IS RALPH WEINGARTEN FROM FALCON FOSTER, 1428 TRAILSIDE COURT, NORTHWEST GRAND RAPIDS, MICHIGAN. I'M HERE ON BEHALF OF THE APPLICANT, HEMPHILL LLC. ALSO WITH ME TONIGHT ARE MEMBERS OF THE URBAN CROSSING HOA COMMUNITY, WHICH IS THE PROPERTY OWNER. [00:25:08] HEMPHILL IS LEASING THE PROJECT AREA FROM THE URBAN CROSSING HOA FOR THIS PROJECT. AS WAS MENTIONED, IT'S A 120 FOOT MONOPOLE THAT WILL HAVE VERIZON AT THE TOP AND THEN THREE ADDITIONAL FUTURE PROVIDERS WILL BE ACCOMMODATED IN THE FUTURE. IN TERMS OF SITUATION ON THE LOT AS WAS SHOWN, THERE'S NOT A LOT OF SPACE TO WORK WITH. WE DID PUSH IT AS FAR NORTH AS WE COULD BECAUSE ROSAMOND PARKWAY IN THE FUTURE IS GOING TO THE SOUTH THERE. EVEN WITH WHERE WE'RE LOCATED WE WE DID HAVE TO GET A VARIANCE BECAUSE WE'RE ABOUT 104FT BACK FROM THE FUTURE ROSAMOND PARKWAY RIGHT OF WAY. AND THE ORDINANCE WOULD CALCULATION OF 125% HEIGHT WOULD REQUIRE 150. SO WE DID GET THAT VARIANCE BACK ON APRIL 23RD. THAT'S WHY THIS WAS KIND OF ON HOLD ON YOUR AGENDA SO WE COULD GET THAT FIRST THAT WAS GRANTED BY THE BOARD OF ADJUSTMENT ON THE 23RD. IN TERMS OF WHAT'S THERE RIGHT NOW, IT'S A COMMON AREA IN THE PLAT. THERE'S CURRENTLY IT IS A 60 FOOT TOWER, I BELIEVE THERE'S A COUPLE ANTENNA LOCATIONS ON IT FROM THE INTERNET SERVICE PROVIDER. I'M NOT SURE EXACTLY THE CONFIGURATION, BUT WE'VE AGREED THAT THAT EQUIPMENT CAN MOVE OVER ONTO THIS TOWER AND THAT THAT TOWER WOULD BE REMOVED. SO IN THE END, THERE WOULD STILL JUST BE ONE TOWER ON THE LOT. AND THERE'S ALSO THE TXU ENERGY TRANSMISSION TOWERS, WHICH ARE ACTUALLY TOWER TALLER THAN THIS PROPOSAL. AND THAT EASEMENT RUNS RIGHT THROUGH THE PROPERTY DIAGONALLY AS WELL. SO WE'RE STAYING OUT OF THAT EASEMENT, BUT WE ARE ADJACENT TO THAT USE, WHICH ALREADY HAS THAT VERTICAL IMPACT IN THE AREA. AS WAS INDICATED, THE TOWER WILL NOT BE LIGHTED. WE'RE IN AGREEMENT WITH ALL THE SIX CONDITIONS THAT STAFF PROPOSED AND WITH THEIR RECOMMENDATION. IN TERMS OF COMMUNITY BENEFIT THERE'S A REAL NEED IN THIS AREA FOR BETTER COVERAGE AND ADDITIONAL CAPACITY. RESIDENTS IN THE NEIGHBORHOOD ARE UNABLE TO GET THE SERVICE THEY NEED FOR DAILY COMMUNICATION NEEDS, AS WELL AS THINGS LIKE WORKING FROM HOME OR LEARNING FROM HOME. IMPROVED WIRELESS SERVICE IN THIS AREA IS ALSO NOT JUST A MATTER OF CONVENIENCE. IT'S CRITICAL TO PUBLIC HEALTH, SAFETY AND WELFARE. THE SERVICE PROVIDED WILL ENABLE EMERGENCY INFORMATION SUCH AS AMBER ALERTS OR WEATHER ALERTS. IT WILL SUPPORT 911 CALLS AND EMERGENCIES. SO IT'S A REAL CRITICAL, CRITICAL PIECE FOR PUBLIC SAFETY AS WELL. IN TERMS OF COMPATIBILITY GIVEN THE EXISTING TRANSMISSION TOWER USE IT'S WE FEEL IT'S COMPATIBLE WITH THIS LOCATION. IT WAS VOTED ON OVERWHELMINGLY BY THE HOA MEMBERS TO GO AHEAD WITH THIS PROJECT. AND AND THEY'RE BOTH WHO IT DIRECTLY AFFECTS MOST DIRECTLY AND BENEFITS MOST DIRECTLY. SO I GUESS I'LL I'LL LEAVE IT AT THAT FOR NOW, BUT I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU GUYS HAVE OR THAT MEMBERS OF THE AUDIENCE MIGHT HAVE AS APPROPRIATE. THANK YOU. DO ANY COMMISSIONERS HAVE ANY QUESTIONS? I DO. SO YOU SAID THAT IT CAN ACCOMMODATE AT LEAST FOUR PROVIDERS, RIGHT? SO YOU'VE ALREADY SECURED VERIZON. VERIZON. WHAT'S THE MAX NUMBER OF PROVIDERS THAT CAN SUPPORT? LIKE HOW MANY BOXES ARE YOU GOING TO PUT UP THERE? THERE ARE FOUR SPOTS PLUS THE INTERNET SERVICE PROVIDER BELOW THAT. SO SO THERE WILL BE VERIZON AND THEN THERE'S THREE BLANK SPACES FOR THE FUTURE. AND THEN INTERNET SERVICE PROVIDER ANTENNAS ARE AT A LOWER LEVEL. OKAY. ANY ADDITIONAL QUESTIONS? THANK YOU SIR. OKAY I'M GOING TO START OFF. WE HAVE A LOT OF SPEAKER CARDS FOR THIS ITEM. I'M GOING TO START WITH THE TWO THAT DO NOT WISH TO SPEAK AND JUST KIND OF READ YOU THEIR STATEMENTS. WE SUPPORT THE TOWER AND DO NOT KNOW ANYONE IN THE URBAN CROSSING THAT IS AGAINST IT. THE NEXT ONE WE HAVE STATES AS A RESIDENT OF ANNA LIVING IN THE URBAN CROSSING AREA, THE NEW TOWER WOULD HELP PROVIDE US WITH MUCH IMPROVED INTERNET, WHICH IS DRASTICALLY NEEDED. I WOULD THINK THAT THE CITY WOULD BE IN FAVOR OF ADDITIONAL TOWERS, SINCE IT WOULD HELP BUILD OUT THE INFRASTRUCTURE IN A HIGH GROWTH AREA AT NO COST TO THE CITY. IT WOULD ALSO PROVIDE COMPANIES THAT USE TOWERS WITH NO OTHER CHOICE, THOSE WHICH WOULD HELP HOLD DOWN COSTS DUE TO THE ADDED COMPETITION. ALSO, COMPETITION IMPROVES THE QUALITY OF SERVICE. THIS TOWER WILL HELP KEEP COST OF LIVING DOWN IN ANNA. [00:30:08] OKAY. EVERYONE, KEEP IN MIND FOR THE SPEAKERS, YOU WILL HAVE THREE MINUTES TO PRESENT YOUR COMMENTS. PLEASE CLEARLY STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD WHEN YOU COME UP. FIRST ONE IS GOING TO BE STUART BROWN, FOLLOWED BY BEN ESAU. SO. STUART BROWN 3027 CROSSING DRIVE, ONE LOT REMOVED FROM WHERE THIS WILL ACTUALLY BE PLACED IF ALLOWED. I WOULD LIKE FOR YOU ALL TO IMAGINE GETTING UP IN THE MORNING AND WONDERING IF YOUR WATER WAS GOING TO TURN ON. IF YOU HAD TO TAKE A SHOWER IN THE MORNING. YOU DON'T. YOU DON'T THINK ABOUT THAT. YOU KNOW IT'S GOING TO BE THERE. SAME THING WITH ELECTRICITY. YOU KNOW IT'S GOING TO BE THERE. OUR NEIGHBORHOOD DOES NOT HAVE THAT FOR INTERNET. AND JUST LIKE A LOT OF PEOPLE THESE DAYS, A LOT OF US ARE DOING A LOT OF WORK FROM HOME. AND WE NEVER KNOW IF WE'RE GOING TO HAVE REASONABLE, RELIABLE INTERNET ACCESS. THIS TOWER WILL PROVIDE US WITH THAT. NOW, GOING BACK A LITTLE BIT, WE, DARE I SAY, BEGGED AT&T TO INSTALL FIBER INTO OUR NEIGHBORHOOD. THEY REFUSED. SO THIS IS REALLY ABOUT OUR ONLY OTHER OPTION. GCEC DOES NOT HAVE AND IS NOT PLANNING ON PUTTING US IN THEIR PLANS FOR INSTALLATION. THE CITY IS WELL AWARE OF THIS. ONE OF THE LAST BOARDS HAD HAD TALKED TO US ABOUT. YEAH. WE'RE GOING TO MAKE SURE THAT YOUR YOUR NEIGHBORHOOD WILL GET RELIABLE INTERNET ACCESS FOR WHATEVER REASON. IT HASN'T. AND I'M NOT BLAMING THE CITY. I THINK THIS THE PLAN WAS MAYBE FOR AT&T TO DO IT AND THEY JUST FAILED TO DO SO. AND SO THIS IS OUR ONLY OPTION TO HAVE RELIABLE INTERNET SERVICE. THERE MAY BE A COMPETITOR HERE TONIGHT THAT IS SAYING, MAYBE HAVE SAID AT ONE OF THE LAST MEETINGS THAT THERE'S NO SUPPORT FOR THIS IN THE NEIGHBORHOOD. WELL, AS YOU'RE GOING TO SEE, AN AWFUL LOT OF MY NEIGHBORHOOD IS HERE AND EVERYBODY IN OUR NEIGHBORHOOD WANTS THIS TO HAPPEN. SO I'M ASKING THE COMMISSION TO AGAIN CHOOSE WHAT YOUR RESIDENTS ARE REQUESTING AND DENY WHAT MAY BE A BUSINESS IS REQUESTING. THANK YOU. THANK YOU. NEXT WE HAVE BEN ESAU. I APOLOGIZE IF I SAY YOUR NAMES INCORRECTLY. FOLLOWED BY STEVE SWEENEY. THANK YOU. YOU GOT IT. PERFECT. THANK YOU. APPRECIATE IT. GOOD EVENING. MY NAME IS BEN ESAU. I'M RESIDING AT 3040 CROSSING DRIVE IN ANNA IN URBAN CROSSING . SO I'M STANDING HERE NOT MERELY JUST AS A HOMEOWNER IN URBAN CROSSING , BUT ALSO AS A VOICE TO OUR OTHER RESIDENTS IN THE NEIGHBORHOOD, AS WELL AS THOSE THAT ARE TO THE WEST AND NORTH OF US AS WELL. THIS IS CONSIDERED THE ETJ, IF YOU WILL. NOW, THESE ARE ALL HOMEOWNERS. THEY'RE TAXPAYERS AND CITIZENS WHO HAVE BEEN LIVING IN THE DARK, DIGITALLY SPEAKING, IF YOU WILL, FOR FAR TOO LONG. I'VE BEEN IN THIS NEIGHBORHOOD NOW ALMOST SIX YEARS, AND IT'S HORRIBLE IN TERMS OF TRYING TO GET A RELIABLE INTERNET SERVICE AS WELL AS CELL SERVICE, BY THE WAY, KIND OF GOES TOGETHER FOR US TONIGHT. I URGE THIS BOARD TO SEE THROUGH THE FOG OF MISDIRECTION AND GRANT APPROVAL FOR THE PROPOSED TOWER BY HEMPHILL AT THE URBAN CROSSING PROPERTY. NOW, LET ME BE CLEAR FROM THE OUTSET HERE. THE OPPOSITION YOU MAY HEAR TONIGHT IN FACT, YOU PROBABLY YOU WILL HEAR TONIGHT IS NOT ROOTED IN THE VOICE OF THE COMMUNITY AT ALL. IT IS A COMMERCIAL PLOY THAT'S PLAIN AND SIMPLE, THAT'S ENGINEERED BY A COMPETITOR, SBA COMMUNICATIONS. IT'S A FLORIDA BASED CORPORATION WITH ZERO TIES TO URBAN CROSSING AND ZERO ENGAGEMENT WITH ITS RESIDENTS. THEY HAVE NEVER WALKED OUR STREETS, NEVER CONVENED A SINGLE MEETING, NEVER KNOCKED ON A DOOR. AND YET THEY CLAIM, UNDER FALSE PRETENSE, TO SPEAK FOR US AS OUR NEIGHBORS. THIS IS NOT ADVOCACY BY ANY MEANS. THIS IS MISREPRESENTATION. AND THEIR COUNSEL APPEARED WITHOUT ANY PRIOR NOTICE TO THE COMMUNITY AT THE BOARD OF ADJUSTMENTS MEETING ABOUT A WEEK AND A HALF AGO, AND CLAIMED TO REPRESENT A QUOTE UNQUOTE NEIGHBOR. BUT WITHIN MINUTES IT BECAME CLEAR SHE WAS JUST ADVOCATING FOR SBA COMMUNICATIONS, WHOSE COMPETING TOWER SITS HALF A MILE EAST ON THE OTHER SIDE OF 75, FAR FROM THE SERVICE DEMANDS OF OUR RAPIDLY GROWING WEST SIDE NEIGHBORHOODS. NOW, THIS IS A TEXTBOOK RED HERRING. BASICALLY, WHAT THEY'RE TRYING TO DO IS A RHETORICAL TACTIC DESIGNED TO DIVERT YOUR ATTENTION FROM THE SUBSTANCE OF THIS MATTER, OF THIS APPLICATION. NOW LET'S TALK FACTS REAL QUICK AS WELL. VERIZON, AFTER EXHAUSTIVE ANALYSIS, HAS INTENTIONALLY SELECTED THE URBAN CROSSING LOCATION BECAUSE IT IS OPTIMALLY POSITIONED TO SERVE THE CURRENT AND FUTURE NEEDS OF THIS WEST ANNA NEIGHBORHOOD. THE SBA COMMUNICATIONS TOWER, WHICH IS AGAIN EAST OF 75, IS NOT A VIABLE PURPOSE AT HAND AT ALL FOR THEM. IN FACT, VERIZON CONSIDERED LOCATIONS EVEN FURTHER WEST WITHIN OUR OUR NEIGHBORHOOD, BUT THEY JUST COULDN'T PUT IT BECAUSE THERE'S HOUSES THERE. [00:35:07] SO THIS WAS THE BEST LOCATION ON THAT SITE THAT THEY CAN FIND. SO THIS HAS ALREADY BEEN DESIGNATED, BY THE WAY, THE PROPERTY OR THE PLAT WE'RE TALKING ABOUT HAS ALREADY BEEN DESIGNATED FOR NONRESIDENTIAL USE. AS YOU'VE ALREADY HEARD, THERE'S AN ELECTRICAL TRANSMISSION LINE. THERE'S ALREADY ANOTHER TOWER THAT'S THERE AS WELL. NOW YOU'LL HEAR THAT THIS TOWER IS UNNECESSARY OR UNSUPPORTED, AND THAT IS ABSOLUTELY FALSE, YOU HEARD MY NEIGHBOR STUART SPEAK. OF THE 27 HOMEOWNERS, THAT PROXIMITY AND VESTED INTEREST, 25 HAVE VOICED UNAMBIGUOUS SUPPORT. THAT IS 98% CONSENSUS, WHICH IS ALMOST UNHEARD OF FOR LAND USE RELATED TYPE OF ASPECTS. SO OUR MESSAGE IS SIMPLE WE NEED A RELIABLE INTERNET AND CELL SERVICE NOW. MOREOVER, OUR NEIGHBORHOOD IS TRAPPED IN DIGITAL DEAD ZONE. WE'VE LACKED THAT FIBER. YOU HEARD ABOUT WHAT GCEC WON'T DO, AT&T WILL DO. WE'VE ALREADY APPROACHED ALL OF THESE PEOPLE TRYING TO GET THE APPROPRIATE SERVICES, BUT ALL OF THEM HAVE SAID NO. MOST OF US WORK FROM HOME. I MYSELF DO AS WELL. WE RAISE CHILDREN IN OUR HOMES, WE PAY TAXES, AND WE DESERVE SOMETHING THAT'S BETTER. YOU KNOW WHAT'S SO FUNNY IS THAT IF YOU REMEMBER THE VERIZON COMMERCIAL. CAN YOU HEAR ME NOW? THIS IS ABSOLUTELY APROPOS IN THIS SITUATION. YOU KNOW, I'M TIRED OF ASKING CAN YOU HEAR ME NOW ON MY CELL CALLS FOR SIX YEARS NOW, THIS IS GETTING TIRING AND IT CERTAINLY ISN'T GOING TO GET BETTER IF SOMETHING IS APPROVED HALF A MILE EAST OF US AS WELL. TO DENY THIS APPLICATION IN FAVOR OF A COMPETITOR WITH NO COMMUNITY TIES AND AN INFERIOR LOCATION WOULD BE TO ELEVATE THESE CORPORATE INTERESTS OVER OUR PUBLIC NECESSITY. AND THIS IS NOT JUST A ZONING MATTER. IT'S A MATTER OF EQUITY, PUBLIC INTEREST AND CREDIBILITY OF THIS BOARD. SO THE CHOICE IS EASY. IT'S VERY EASY. VERIZON HAS ALREADY DONE THEIR PROCESS. THEY'VE ALREADY CHOSEN OUR LOCATION. THEY COULD HAVE GONE THERE, BUT THEY DIDN'T. THERE WAS A REASON WHY. VERIZON IS NOT STUPID. THEY DO THEIR RESEARCH. THEY DO THEIR MARKET ASPECTS AS WELL SO THEY KNOW WHAT THEY'RE DOING. I RESPECTFULLY URGE YOU TO SEE PAST THIS CHARADE THAT THEY'RE GOING TO PROVIDE AND APPROVE THE TOWER THAT WE NEED. THANK YOU FOR YOUR TIME. THANK YOU. STEVE SWEENEY. LINDSAY STAR YOU'LL BE NEXT. APPRECIATE YOU GUYS LISTENING TO US THIS EVENING. I'M STEVE SWEENEY. I RESIDE AT 3111 URBAN WAY. AND I BEGAN TALKING TO THE TOWER GUY, REAGAN HICKS, WHO I CAME IN CONTACT WITH IN 2022. HE STOPPED US ONE DAY AND ASKED IF WE WERE INTERESTED IN GETTING BETTER SUPPORT FOR OUR SERVICES, AND WE BEGAN CONVERSATIONS. SO THAT'S BEEN THREE YEARS NOW THAT WE'VE BEEN WORKING ON THIS. AND JUST TO KIND OF GIVE YOU A LITTLE BIT OF HISTORY, WHEN WE MOVED OUT THERE IN 2018 WE HAD VERY LITTLE SUPPORT, IF ANY AT ALL. AT&T DSL WAS OUR ONLY OPTION, AND EVEN THEN YOU COULDN'T GET ONLINE MOST OF THE TIME. SO MY FAMILY HAD A REVOLT. MY CHILDREN SAID, HEY, WE CAN'T LIVE HERE, DAD IF WE CAN'T HAVE INTERNET. AND SO I BEGAN TO CALL AROUND LOCATED BROADBAND WAS ABLE TO GET A LATTICE TOWER CONSTRUCTED THERE TO GIVE US INTERNET SO THAT WE COULD HAVE SUPPORT, ALL THE COMMUNITY WAS OBVIOUSLY IN FAVOR OF IT AT THE TIME. THERE WEREN'T AS MANY HOMES AS THERE ARE NOW, AND WE WERE ABLE TO LIMP ALONG FOR A WHILE. WITH SO MANY PEOPLE WORKING FROM HOME, OBVIOUSLY IT GOT A LITTLE DIFFICULT BECAUSE ZOOM CALLS WOULD GET DROPPED, INTERNET WOULD GO DOWN, AND SOMETIMES WE'D BE WITHOUT INTERNET FOR A COUPLE OF DAYS. WE TRIED ALL KINDS OF OTHER SERVICES AND SERVICES, INCLUDING BOOSTING OUR CELLULAR. THAT DIDN'T WORK AS WELL. AND SO WE TRIED TO FIGURE THINGS OUT. WE I TALKED TO CHRISTOPHE HILL, WHO WAS THE THE LEAD PERSON AT GRAYSON COLLIN COMMUNICATIONS. HE WAS VERY GRACIOUS IN TALKING TO US THROUGH THE PROCESS, BUT UNFORTUNATELY WITH OUR WORKLOAD, THEY COULDN'T DO ANYTHING FOR US. SO WE HAD NO FIBER OPTIONS EITHER. AT&T, WE TALKED TO A PROJECT MANAGER, ALSO TRIED TO GET THEM TO WORK WITH US. OTHER THAN THE LIMITED DSL THAT WAS OUT THERE, THERE WAS NOTHING ELSE THAT THEY COULD DO. AND THEN THREE, THEN 20 23, 2022 REAGAN BEGAN TO TALK TO US ABOUT OUR OPTIONS. AND WE KNEW THAT WE NEEDED TO DO SOMETHING. I DID CONTINUE CONVERSATIONS WITH CHRIS AT GRACE AND COLLINS SINCE THEY WERE DOING THE OTHER SUBDIVISION. WE TALKED ABOUT OPTIONS OF MAYBE GETTING FIBER UP TO OUR BACK DOOR. BUT THE COST OF TRYING TO DO THAT WAS OBVIOUSLY NOT CONDUCIVE AND WOULD INVOLVE ALL OF THE HOMEOWNERS IN THE SUBDIVISION COMING UP WITH MORE THAN $10,000 EACH TO EVEN CONSIDER THE OPTION. AND THEN IT STILL MAY NOT BE WHAT WE NEEDED AT THAT TIME. SO REAGAN TALKED TO US ABOUT THE TOWER OPTIONS, AND THEN WE WERE ABLE TO, AT THAT POINT, COME UP WITH A PLAN, [00:40:02] PRESENTED THAT TO THE HOA. SO FOR THE PAST THREE YEARS, THE HOA HAS BEEN TALKING ABOUT THIS TO ALL THE RESIDENTS. WE'VE BEEN TALKING ABOUT THIS OPTION AND EVERYBODY, EVERYONE BECAME VERY EXCITED ABOUT THE POSSIBILITY OF GETTING INTERNET THAT WORKED FOR EVERYONE, ESPECIALLY THOSE THAT WORK FROM HOME. AND SO NOW HERE WE ARE AT THIS MOMENT. AND SO THE ONLY CONVERSATION WAS WHAT ARE THE DRAWBACKS IF WE DO THIS? WE ALREADY HAVE A LATTICE TOWER THERE 60 FOOT. BUT THERE'S ALSO THE TRANSMISSION POWER LINES THAT RUN RIGHT THROUGH THAT SAME LOT. AND SO YOU ALREADY HAVE THE ESTHETIC PROBLEM WITH THE POWER LINES AND THE EXISTING LATTICE TOWER. AND SO AS WE TALKED ABOUT THIS, THERE REALLY WASN'T ANY NEGATIVE TO HAVING A MONOPOLE. NOT LIKE THE LATTICE TOWER THAT'S ACROSS THE HIGHWAY, BUT A MONOPOLE. AND SO AS WE TALK THROUGH THIS, THAT'S WHAT WE SAID WE WANTED. WE WANTED A MONOPOLE SO WE DIDN'T HAVE THE SAME LOOK THAT'S ACROSS THE HIGHWAY AT THIS TIME. AND THEY AGREED TO DO THAT. WITH THAT MONOPOLE WE ALSO KNOW THAT THAT WE WOULD TAKE DOWN THE LAST TOWER SO WE ELIMINATE THAT EYESORE AND WE WOULD BE IN BUSINESS. THEY ALSO GRACIOUSLY TALKED ABOUT DOING A GREEN SCREEN. AND SO THEY WOULD CONSTRUCT THAT AROUND THE TOWER SO THAT YOU'RE NOT LOOKING AT THE BASE OF IT. AND THAT FENCE AND THAT GREEN SCREEN WOULD BE AROUND THAT AS WELL. THANK YOU. THANK YOU. NEXT UP WE HAVE LINDSAY STAR. MY NAME IS LINDSAY STAR ADDRESS IS 1201 NORTH RIVERSIDE. EXCUSE ME. RIVERFRONT BOULEVARD, SITE 100, DALLAS, TEXAS. I'M WITH PLAT RICHMOND. WE ARE AGAINST THIS BEING PASSED BECAUSE THIS VIOLATES THE SPIRIT OF THE ZONING ORDINANCE, AND THIS IS NOT THE MOST COMPATIBLE LOCATION FOR THIS CELL TOWER. I UNDERSTAND THAT THIS IS ZONED AGRICULTURE TECHNICALLY, BUT THIS IS A RESIDENTIAL NEIGHBORHOOD, AND IT HAS NEVER BEEN THE SPIRIT OF THE ZONING ORDINANCE FOR THERE TO BE A CELL TOWER IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD. THERE ARE OTHER OPTIONS THAT THIS NEIGHBORHOOD HAS TO GET ADEQUATE CELL COVERAGE. BEFORE I GET TO THAT, YOU GUYS, THE CITY PLANNER WENT THROUGH THE ZONING ORDINANCE SO YOU'RE WELL AWARE OF WHAT THAT SAYS. BUT ONE OF THE THINGS THAT NEEDS TO TO COMPLY WITH IS IT CANNOT IMPACT THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF ANNA. THIS CELL TOWER WILL IMPACT THE SAFETY OF THE RESIDENTS OF THE NEIGHBORHOOD. THE CELL TOWER WILL BE RIGHT NEXT TO A EMERGENCY ACCESS LANE. IT'S A DIRT ROAD, AND IT'S THE SECOND POINT OF INGRESS AND EGRESS TO THE NEIGHBORHOOD. RIGHT NOW, THE ONLY OTHER ACCESS POINT IS A GATED IT'S A IT'S A GATE. IT'S A GATED NEIGHBORHOOD. SO IT'S AN ELECTRIC GATE WHERE YOU HAVE TO TYPE IN THE CODE. IF THIS CELL TOWER WERE TO FALL OVER, IT IS POSSIBLE THAT IT COULD BLOCK THIS ACCESS ROAD. ON TOP OF IT, IT WAS MENTIONED AT THE BOARD OF ADJUSTMENTS HEARING THAT THIS ROAD, AFTER THE CONSTRUCTION OF THE CELL TOWER WOULD BE CLOSED OFF, MEANING THERE WOULD ONLY BE ONE POINT OF INGRESS AND EGRESS INTO THIS NEIGHBORHOOD, WHICH IS A PROBLEM. AGAIN, VIOLATES ZONING ORDINANCE. ON TOP OF THAT, IT CANNOT IF THIS IS PASSED, IT CANNOT PROHIBIT AND INJURE THE USE AND ENJOYMENT OF THE PROPERTY, AND IT CANNOT SUBSTANTIALLY DIMINISH PROPERTY VALUES. WE ALL KNOW CELL TOWERS ARE NOT THE PRETTIEST THING OUT THERE. IT'S GOING TO ADD BLIGHT TO THE NEIGHBORHOOD AND AGAIN, THERE ARE OTHER OPTIONS. ON TOP OF THAT, THIS CELL TOWER WILL PRACTICALLY BE IN SOMEBODY'S BACKYARD, CERTAINLY DIMINISHING PROPERTY VALUES. SO IT DOES NOT ADHERE TO THE SPIRIT OF THE ZONING ORDINANCE AND THEREFORE SHOULD NOT BE PASSED. IF YOU TURN TO THE HANDOUTS THAT I PROVIDED, THE FIRST, IT SHOULD BE THE TOP ONE. IT'S THIS GREEN IMAGE, THIS GREEN MAP. THIS IS A A MAP OF WHERE A NEW FAA TOWER THAT'S CURRENTLY IN THE PROCESS OF BEING APPROVED IS GOING TO BE PUT IN. THIS IS A LESS THAN A MILE AND A HALF AWAY FROM THE CURRENT CELL TOWER THAT'S BEING PROPOSED. I UNDERSTAND I REPRESENT SBA, THEY OWN THE CELL TOWER THAT IS HALF A MILE AWAY AND ACROSS THE STREET FROM WHERE THIS [00:45:01] PROPOSED CELL TOWER IS GOING TO BE. I UNDERSTAND THE OPTICS OF THAT, BUT WE ARE NOT HERE FOR MONETARY GAIN. WE ARE HERE BECAUSE THIS VIOLATES THE CITY THE SPIRIT OF THE CITY ZONING ORDINANCE AND A CELL TOWER SHOULD NOT BE PUT INTO THE RESIDENTIAL NEIGHBORHOOD. IF YOU LOOK AT THE MAP, UNDERNEATH THIS MAP IS THE CELL TOWER COVERAGE AREA, AND IT PROVIDES A DIFFERENT MEGAHERTZ COVERAGE. SO THE LOWER THE MEGAHERTZ, THE SLOWER THE SERVICE, THE HIGHER THE MEGAHERTZ, THE FASTER THE SERVICE. AND YOU CAN SEE THAT THE NEIGHBORHOOD IS GOING TO BE WITHIN THE GREEN AREA, WHICH IS THE FASTEST COVERAGE THAT YOU CAN GET. IT'S IT'S IT'S CONSIDERED EXCELLENT. SO THE SBA TOWER IS MORE THAN ENOUGH TO PROVIDE ADEQUATE COVERAGE FOR THIS THIS TOWER ON TOP OF THE FACT THAT THERE'S THIS NEW PROPOSED TOWER THAT'S CURRENTLY RECEIVING FAA APPROVAL THAT CAN ALSO PROVIDE ADEQUATE COVERAGE TO THE NEIGHBORHOOD. THEREFORE, TAKING CARE OF THE SAFETY ISSUES THAT THESE NEIGHBORS HAVE EXPRESSED OF NOT BEING ABLE TO CALL 911 AND ACCESS EMERGENCY SERVICES. THANK YOU. THANK YOU. NEXT WE HAVE KYLIE KELLY. HI, I'M KYLIE KELLY, I'M ANOTHER RESIDENT OF URBAN CROSSING 3006 URBAN WAY. I AM AS MY NEIGHBORS, VERY FOR THIS TOWER. I WORK FROM HOME WHEN I'M NOT TRAVELING, AND TO SAY THAT IT IS BAD IS NOT EVEN WORDS FOR THIS. WE MOVED IN SIX YEARS AGO, AND SIX YEARS AGO, IT ACTUALLY WAS BETTER THAN IT IS NOW. THEY'VE GOT BOUGHT BY THREE DIFFERENT COMPANIES. AND SO PROGRESSIVELY IT KEEPS GETTING WORSE. CELL PHONES, MOST OF THE TIME WE HAVE TO GO OUTSIDE TO KEEP A PHONE CALL. SO IT'S PATHETIC. AND THE FACT THAT WE CAN'T GET FIBER IN THE NEIGHBORHOOD. I MEAN, WE REALLY DON'T HAVE ANY OTHER CHOICE, SO I'M NOT SURE WHAT THIS SBC COMPANY IS TALKING ABOUT, BUT THEY HAVE NO IDEA WHAT WE ARE GOING THROUGH WHEN IT COMES TO INTERNET AND CELL SERVICE. SO PLEASE APPROVE THIS TOWER IN OUR NEIGHBORHOOD. THANK YOU. THANK YOU. ONE MORE THING. THAT CONSTRUCTION GATE. IT'S GOING AWAY. SO THAT'S NOT EVEN SHOULDN'T EVEN BE A CONCERN. THAT'S JUST RIGHT NOW FOR THE REST OF THE PEOPLE THAT ARE BUILDING THEIR HOMES. BUT THAT IS GOING TO GO AWAY WHEN ROSAMOND COMES IN, SO. THANK YOU. AND LAST BUT NOT LEAST, WE HAVE ASHLEY. HELLO, MY NAME IS ASHLEY ARIEL. I LIVE AT 3024 URBAN CROSSING . SO JUST LIKE MY NEIGHBORS BEFORE ME HAVE MENTIONED, WE ARE ALSO SO SO LOOKING OR HOPING THAT YOU'D FIND IT IN YOUR HEARTS TO APPROVE OF THIS TOWER, BECAUSE WE REALLY DO NEED GOOD INTERNET SERVICE. SO JUST TO GIVE OR TO GIVE A VOICE FOR OUR FAMILY AND TO SHARE A LITTLE BIT ABOUT OUR STORY. WE MOVED TO URBAN CROSSING ABOUT TWO YEARS AGO, AND WE LOVED THE AREA. WE LOVED THE COMMUNITY. WE MET A FEW PEOPLE THERE. WE REALLY LIKED IT. THE ONLY CONCERN THAT WE HAD WAS ABOUT INTERNET ISSUES. AND MY HUSBAND WORKS FROM HOME 99% OF THE TIME. AND SO I REMEMBER LOOKING AT HIM RIGHT BEFORE WE DECIDED TO PUT AN OFFER ON THE HOUSE AND ASKING HIM IF HE THOUGHT IT WAS A GOOD IDEA TO MOVE. BECAUSE I DON'T WORK FROM HOME AND HE DOES. AND HE LOOKED AT ME AND HE SAYS YOU KNOW, WE LIVE IN AMERICA, RIGHT? LIKE, WE'RE GOING TO HAVE INTERNET SERVICE. AND HE'S WORKED IN REALLY REMOTE PARTS OF THE MIDDLE EAST. HE'S WORKED IN VILLAGES IN INDIA. AND SO FOR HIM, IT WAS A NO BRAINER. BUT WE SHOULD HAVE THOUGHT ABOUT THIS A LOT MORE BECAUSE OBVIOUSLY WE'VE HAD SO MANY ISSUES WITH OUR INTERNET SERVICE. WE STARTED OUT PAYING FOUR TIMES AS MUCH, FOUR TIMES AS MUCH AS WE PAID FOR INTERNET IN MCKINNEY. WE MOVED 15 MINUTES AWAY, SO THE 15 MINUTE MOVE COST IS FOUR TIMES AS MUCH IN INTERNET AS WE WERE PAYING THERE, AND IT WAS FOR INTERNET THAT WAS SIGNIFICANTLY WORSE. THEN WHEN THE KIDS AND I STARTED WALKING AROUND THE NEIGHBORHOOD, WE STARTED SEEING UNICORN TOWERS ON HOMES. SO WE HAVE THE SATELLITE DISHES THAT SOME OF OUR NEIGHBORS HAVE USED. [00:50:04] AND AGAIN, THE INTERNET IS JUST SO UNRELIABLE AND SO SUBPAR. AND, YOU KNOW, WE DON'T EVEN SEE SATELLITE DISHES ANYMORE IN SOME REMOTE PARTS OF INDIA. SO IT'S JUST REALLY SAD THAT WE'RE HERE AND, YOU KNOW, WE CANNOT COUNT ON RELIABLE INTERNET. SO WE'VE GONE TO OUR HOA MEETINGS. WE'RE ALL IN FAVOR OF THIS TOWER. WE WOULD REALLY APPRECIATE IT IF WE COULD HAVE ACCESS TO THE REST OF THE WORLD, RIGHT? FOR OURSELVES, FOR OUR WORK, FOR OUR KIDS. WE WOULD REALLY APPRECIATE THAT. THANK YOU FOR YOUR TIME. THANK YOU. WE HAVE A LAST MINUTE SPEAKER CARD STEVEN [INAUDIBLE]. STEVEN [INAUDIBLE], 1201 NORTH RIVERFRONT BOULEVARD, DALLAS, TEXAS, WITH SBA AS WELL WITH LINDSAY. THANK YOU SO MUCH. APPRECIATE IT. I CAN DEFINITELY APPRECIATE AND EMPATHIZE WITH THE DROPPED CELL PHONE COVERAGE GOING THROUGH A ZOOM MEETING OR TEAMS AND IT KIND OF GLITCHES OUT. SO I UNDERSTAND THE FRUSTRATIONS OF THE CITY OR SORRY, OF THE RESIDENTS OF THE NEIGHBORHOOD. I THINK THE FOCUS FOR THE COMMISSION SHOULD BE ON MORE KIND OF SMART PLANNING FOR THE CITY IN TOTALITY, NOT JUST ONE SPECIFIC NEIGHBORHOOD. AND I KNOW AS ANNA IS GROWING, HAVING GROWING OUT WEST, WE'RE GOING TO NEED TO PUT SOME OTHER CELL TOWERS, INTERNET TOWERS TO PROVIDE COVERAGE FOR THAT SIDE OF IT. AS LINDSAY POINTED OUT, THERE'S TILLMAN IS ANOTHER PROPOSAL. WE'RE NOT AGAINST THEM, ANOTHER COMPETITOR. WE'RE WE'RE FOR THEM SUPPORTING BECAUSE IT'S THE RIGHT LOCATION FOR THE CITY KIND OF NORTHWEST WHERE THE COUNTRY CLUB IS RIGHT THERE. ONE OF THOSE LOOK AROUND KIND OF THE CITY OF LIKE WHERE THE OTHER TOWERS ARE. WHICH ONE DOES NOT BELONG? IT'S WE'RE RIGHT HERE ACROSS THE STREET. AND THEN THE PROPOSED ONE IS LESS THAN A HALF MILE. SO I THINK IT'S BETTER SUITED SOMEPLACE ELSE, WHICH THE PROPOSAL LOOKS LIKE IT'S COMING THROUGH THE FAA FILING WITH ANOTHER TOWER. SO WE'RE NOT ANTI COMPETITION. WE'RE KIND OF THE PRO SMART GROWTH OF THE CITY. SO HERE TO ANSWER ANY QUESTIONS AS WELL. THANK YOU. THANK YOU. MADAM CHAIR MAY I HAND OUT. ABSOLUTELY. YEAH. LAUREN CAN YOU GRAB THOSE. I JUST WANTED TO TOUCH DIRECTLY ON THE ORDINANCE REVISIONS, SINCE THEY WERE REFERRING TO THE SPIRIT OF THE ORDINANCE AND SMART PLANNING AND A LOT OF GENERAL CONCEPTS, BUT THEY DIDN'T CITE ANY PARTICULAR SECTION OF THE ORDINANCE. HOWEVER, WHEN IT COMES TO THE QUESTION OF DISTANCE BETWEEN TOWERS, YOU GUYS ALREADY HAVE ALREADY LAID OUT REQUIREMENTS REGARDING THAT IN YOUR ORDINANCE. IN THE CODE OF ORDINANCES SECTION 9.04.037B4GB TABLE 22, WHICH I'VE SENT A COPY FOR YOU. YOU CAN CORRELATE BETWEEN THE HEIGHT OF THE TOWERS AND THE TYPE OF TOWERS TO SEE WHAT THE REQUIRED SEPARATION BETWEEN TOWERS IS. AND IN THIS CASE, A MONOPOLE LIKE HEMPHILL'S AND A LATTICE TOWER LIKE SBA ARE REQUIRED TO BE SEPARATED BY 1500FT. AND I'VE HIGHLIGHTED THAT IN THE TABLE. I ALSO PLUGGED THE LATITUDE AND LONGITUDE OF THE HEMPHILL TOWER AND THE SBA TOWER INTO AN FAA TOOL, JUST TO MEASURE DISTANCE, AND THE ACTUAL DISTANCE BETWEEN OUR SITE AND SBA SITE IS 2961FT, ALMOST 3000, WHICH IS ALMOST TWICE AS MUCH AS WHAT YOUR ORDINANCE REQUIRES. SO WE'RE NOWHERE NEAR VIOLATING THE SEPARATION DISTANCE REQUIREMENT IN YOUR ORDINANCE BETWEEN TOWERS. SO I JUST WANTED TO POINT THAT OUT. THANK YOU. THANK YOU. I WILL CLOSE THE PUBLIC HEARING AT 6:54 P.M. AND CONFINE COMMENTS TO THE COMMISSION AND STAFF. I HAVE A COMMENT TO MAKE. ONE OF THE SPEAKERS AGAINST THIS TOWER MENTIONED THE LAND BEING ZONED AGRICULTURE AGRICULTURAL IF I RECALL CORRECTLY, AND CITY STAFF CAN CONFIRM THERE WAS A BOARD OF ADJUSTMENT VARIANCE GRANTED LAST YEAR TO ALLOW THIS TOWER ON THIS PROPERTY TO BE THERE REGARDLESS OF THE LAND BEING ZONED AGRICULTURAL. SO I DON'T BELIEVE THAT'S A FACTOR IN THIS DECISION. AND I ALSO DON'T THINK WE SHOULD MAKE THESE RESIDENTS WAIT ANY LONGER FOR BETTER INTERNET. SO I DON'T SEE ANY REASON TO DENY THIS. I'D LIKE TO JUST PIGGYBACK ON THAT. ASHLEY IS RIGHT. THERE WAS A BOA, A HEARING THAT OF REGARDING THIS. AND ACTUALLY, THE PROPERTY IS NOT ZONED AGRICULTURAL. IT IS ZONED FOR RESIDENTIAL. IT'S A RESIDENTIAL ZONE. AND THE BOA DID APPROVE THE USE OF A A TOWER HERE. SO SHE IS ABSOLUTELY CORRECT. [00:55:03] MY THOUGHTS ON THIS ARE ANNA IS GOING TO GROW. ANNA'S GOING TO NEED MORE TOWERS. IF IT'S ALREADY BEEN AN ISSUE THIS LONG, AND IT LOOKS LIKE EVERY RESIDENT IN THIS AREA HAS DONE THEIR DUE DILIGENCE TO GET SB. WAS IT SBS? ON BOARD. THEY'VE TRIED TO GET THEM. THEY'VE TRIED TO GET AT&T, SBA. I APOLOGIZE, THEY'VE LITERALLY TRIED TO CONTACT ANYONE THAT WOULD LISTEN TO THEM, TO HEAR THEM OUT AND TO DO SOMETHING. SO I DON'T THINK COMING TO A PLANNING AND ZONING MEETING WHEN EVERYBODY IS ALREADY UPSET AND IRATE AND HAS ALREADY DONE THEIR DUE DILIGENCE, IS THE TIME TO START SAYING, YOU KNOW, WE'LL GET YOU WHAT YOU NEED. WHEN IS THAT? HOW LONG IS THAT? HOW MUCH LONGER DO YOU HAVE TO WAIT TO ACTUALLY GET INTERNET AND SERVICE? SO I'M FOR IT. I'D LIKE TO HEAR WHAT YOU GUYS THINK. AS FAR AS ANOTHER CELL TOWER, I DON'T THINK THE DISTANCE THINGS BOTHER ME AT ALL. THEY'VE DONE MORE TO PROVE THAT IT MEETS OUR CURRENT ZONING. YEAH, I AGREE TOO. THE ONE THING THAT REALLY BOTHERS ME IS WE HAVE RESIDENTS OUT THERE THAT ARE LEFT IN THE DARK WHEN WE HAVE SEVERE WEATHER AND WE ALL GET NOTICES ON OUR PHONES. AND THESE THIS COMMUNITY WON'T GET THAT. SO GOD FORBID THERE'S A TORNADO OR SOMETHING HAPPENS. THAT'S ONE THING THAT BOTHERS ME. I AGREE WITH YOU, TOO. THE TIME HAS GONE BY LONG ENOUGH, SO I FULLY AGREE WITH YOU TOO. YEAH, I DON'T SEE I DON'T SEE ANY ISSUES WITH THIS. I MEAN, THE THE OTHER TOWER THAT'S ALREADY BEEN APPROVED IS JUST GOING TO PROVIDE MORE COVERAGE, SO THAT'S GREAT. I MAKE A MOTION TO APPROVE. I SECOND. OKAY. I HAVE A MOTION FOR APPROVAL FROM COMMISSIONER MARTIN AND A SECOND BY COMMISSIONER NYLEC. MATTER IS NOW OPEN FOR A VOTE. COMMISSIONERS, PLEASE CAST YOUR VOTES. MOTION PASSES SIX FOR AND ONE ABSTAINING. MOTION WILL PASS. THIS TIME, DOES ANYONE HAVE ANY FUTURE AGENDA ITEMS THAT THEY WOULD LIKE TO DISCUSS? I'M GOING TO BE OUT THAT DAY. OKAY. I'M GOING TO MOTION TO ADJOURN AT 6:58 P.M.. I'LL SECOND. I HAVE A SECOND BY COMMISSIONER HERMANN. * This transcript was compiled from uncorrected Closed Captioning.