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[City Planning Commission]

[00:00:03]

MS. PASINA, WHEN YOU'RE READY, CAN YOU PLEASE START US OFF WITH THE ROLL CALL? OKAY.

COMMISSIONERS.

UH, DISTRICT ONE, VACANT.

DISTRICT TWO.

PRESENT.

DISTRICT THREE.

PRESENT.

DISTRICT FOUR.

ABSENT.

DISTRICT FIVE.

PRESENT.

DISTRICT SIX.

PRESENT.

DISTRICT SEVEN.

PRESENT.

DISTRICT EIGHT.

PRESENT.

DISTRICT NINE.

DISTRICT NINE IS PRESENT.

DISTRICT 10, ABSENT.

DISTRICT 11.

DISTRICT 12 PRESENT.

DISTRICT 13.

ABSENT.

DISTRICT 14 HERE AND PLACE 15 I HERE? YEAH.

OF QUORUM, SIR.

THANK YOU VERY MUCH, MS. PASINA.

GOOD AFTERNOON LADIES AND GENTLEMEN.

TODAY IS THURSDAY, MARCH 23RD, 2023.

IT IS 12:46 PM AND WELCOME TO THE HEARING OF THE DALLAS CITY PLAIN COMMISSION.

COUPLE OF QUICK ANNOUNCEMENTS BEFORE WE GET STARTED.

UH, AS ALWAYS, WE'LL START OUT WITH OUR SPEAKER, UH, RULES.

EACH SPEAKER WILL RECEIVE THREE MINUTES TO SPEAK.

UH, THIS IS A HYBRID MEETING, SO WE'LL RECEIVE SOME SPEAKERS, UH, THAT WILL BE ONLINE.

SO I'LL ASK OUR FOLKS ONLINE TO PLEASE MAKE SURE THAT YOUR CAMERA IS ON WHEN YOU SPEAK.

STATE LAW REQUIRES US THAT WE MUST BE ABLE TO SEE YOU IN ORDER TO HEAR FROM YOU.

UM, ALSO PER OUR RULES, IN CASES WHERE THERE IS OPPOSITION, UH, THE APPLICANT WILL GET A TWO MINUTE REBUTTAL FOR, UH, ALL YOU FOLKS THAT ARE HERE WITH US TODAY.

AGAIN, WELCOME.

UH, WE HAVE THESE LITTLE YELLOW FORMS DOWN HERE AT THIS TABLE TO THE BOTTOM RIGHT.

PLEASE MAKE SURE THAT YOU FILL ONE OF THESE OUT AT SOME POINT.

WE'D REALLY LIKE TO HAVE A RECORD OF YOUR VISIT WITH US HERE TODAY.

AND WITH THAT COMMISSIONERS, WE'RE GONNA GET STARTED INTO THE DOCKET.

UH, BUT WE HAVE A COUPLE OF VERY QUICK ANNOUNCEMENTS.

YEAH, REAL QUICK.

UH, GOOD AFTERNOON COMMISSIONERS.

RYAN MULKEY, PLANNING MANAGER OVER THE ZONING TEAM AND PLANNING AND URBAN DESIGN.

UM, I JUST WANNA ANNOUNCE THAT WE HAVE RECENTLY HIRED SOME NEW STAFF.

UM, MY TEAM, THE ZONING TEAM, UM, HAD A, A NEW SENIOR PLANNER JOIN US IN THE PAST FEW WEEKS.

LILIANA GARZA.

UM, SHE'S COMING TO US FROM MCALLEN, TEXAS.

UH, WE'RE VERY EXCITED TO HAVE HER AND WE'RE VERY CONFIDENT SHE'LL BE A GREAT ADDITION TO THE TEAM.

UM, AND THEN WE ALSO HAVE A NEW SENIOR PLANNER JOINING THE SPECIAL ZONING PROJECTS TEAM, WHICH IS, UH, HEADED BY DONNA MORMAN, UH, TC BLUE.

UH, SHE'S COMING TO US FROM THE DEVELOPMENT SERVICES DEPARTMENT HERE AT THE CITY OF DALLAS.

UH, VERY EXCITED TO HAVE HER AS WELL.

AND WE'RE, UH, LOOKING FORWARD TO CONTINUING TO HIRE, UM, NEW STAFF.

SO, UH, YOU KNOW, PLEASE MAKE SURE THEY, THEY FEEL WELCOME AND, AND THANK YOU VERY MUCH.

THANK YOU VERY MUCH MR. MALKEY, AND WELCOME TO, UH, MS. GARCIA AND MS. TOIA BLUE.

UH, LADIES AND GENTLEMEN, WE'RE GONNA GO AHEAD AND GET STARTED RIGHT INTO THE DOCKET.

UH, THE FIRST ITEMS THAT WE WILL DISPOSE OF ARE THE ZONING CASES ON THE CONSENT AGENDA DOCKET.

UH, THEY CONSIST OF CASES THREE THROUGH NINE.

UH, AT THIS POINT, CASES 5, 7, 8, AND NINE HAVE COME OFF THE CONSENT AGENDA.

SO THOSE, THOSE WILL BE DISPOSED OF AND VOTED ON INDIVIDUALLY.

THAT LEAVES CASES THREE, FOUR, AND SIX THAT WILL BE DISPOSED OF IN ONE MOTION, UNLESS THERE IS SOMEONE HERE THAT WOULD LIKE TO SPEAK ON, ON THOSE CASES, ANY OF THOSE CASES, THEN WE WILL PULL IT OFF THE CONSENT AND VOTE ON IT INDIVIDUALLY.

IS THERE ANYONE HERE THAT WOULD LIKE TO BE HEARD ON CASE NUMBER THREE, FOUR OR SIX? IT'S ON PAGE ONE AND TWO OF THE AGENDA, AND THERE'S AGENDAS DOWN HERE ON THE TABLE IF, IF YOU NEED 1, 3, 4, AND SIX.

UH, OKAY.

WE'LL BEGIN WITH THE BRIEFING OF CASE NUMBER THREE, PLEASE.

GOOD AFTERNOON EVERYONE.

THIS IS Z 2 1 2 206.

IT'S AN APPLICATION FOR A CR COMMUNITY RETAIL DISTRICT WITH DEED RESTRICTIONS VOLUNTEERED BY THE APPLICANT ON PROPERTY ZONED A TH THREE TOWNHOUSE DISTRICT WITH EACH 118 ZION HILL MISSIONARY BAPTIST CHURCH HISTORIC OVERLAY, AND AN OUR FIVE SINGLE FAMILY DISTRICT, NORTHWEST AND NORTH ON THE NORTH, NORTHWEST AND NORTHEAST CORNERS OF MORRELL AVENUE IN FERNWOOD AVENUE.

THE PURPOSE OF THE REQUEST IS TO ALLOW COMMERCIAL USES WITHIN THE EXISTING BUILDING.

IT'S ABOUT 1.14 ACRES.

IT'S LOCATED HERE SOUTH OF TRINITY RIVER.

IT'S THE AREA OF REQUEST, AERIAL MAP.

YOU CAN SEE THE EXISTING BUILDING ON

[00:05:01]

THE WESTERN PART OF THE REQUEST.

EXISTING SERVICE PARKING ON THE EASTERN PART.

UM, SO THE NORTHEAST, GENERALLY SINGLE FAMILY, UH, TO THE EAST, THERE'S GENERALLY SINGLE FAMILY.

THERE'S SOME TO THE SOUTHEAST AS WELL.

UM, THEN THERE'S DUPLEXES AND MIXED RESIDENTIAL TO THE SOUTH AND THERE'S MULTI-FAMILY TO THE WEST.

AND THE AREA OF REQUEST IS CURRENTLY TH THREE AND R FIVE ZONING.

IT'S CURRENTLY BUILT OUT AS A CHURCH AND THERE IT'S ASSOCIATED SURFACE PARKING.

THEY'RE PROPOSING TO UTILIZE THAT EXISTING STRUCTURE WITH THEATER AND OFFICE USES.

THE APPLICANT PLANS TO IMPROVE THE EXISTING PARKING LOT EAST OF FERNWOOD FOR CONTINUED USES PARKING.

THE EXISTING STRUCTURE AT 9 0 9 MOR MORALE, THE PRIMARY BUILDING OF THE EXISTING CHURCH IS DESIGNATED WITH THE H ONE 18 ZION HILL MISSIONARY BAPTIST CHURCH HISTORIC OVERLAY.

THE APPLICANT HAS VOLUNTEER DE RESTRICTIONS WHICH PROHIBIT USES, WHICH MAY BE CONSIDERED INCOMPATIBLE WITH NEARBY RESIDENTIAL.

THE REMAINING USES WOULD BE APPROPRIATE FOR NEIGHBORHOOD SCALE COMMERCIAL, THE DEVELOPMENT STANDARDS, SITE LIMITATIONS AND DECONSTRUCTIONS ALL FUNCTION TO LIMIT THE SITE TO ONLY ALLOWING RETAIL AND SERVICE USES THAT ARE COMPLIMENTARY TO THE SURROUNDING AREA AND INTENSITY AND SCALE PHOTOS.

HERE'S THE PRIMARY BUILDING OF THE EXISTING, UH, FACILITY.

THIS IS AT THE CORNER OF MORRE AND FERNWOOD AND THIS IS GOING UP FERNWOOD, LOOKING AT SOME MORE OF THE EXISTING STRUCTURE, UH, EXISTING ALLEY BEHIND THE EXISTING STRUCTURE.

THEN TURN IT AROUND, UM, LOOKING AT THE EXISTING PARKING FACILITY FOR THE EXISTING CHURCH.

AND THEN THIS IS BACK IN FRONT OF THE, UH, CHURCH BUILDING LOOKING EAST ONAL, LOOKING BACK AT SOME MORE OF THE EXISTING STRUCTURE.

AND THEN THAT'S THE WESTERN HALF OF THE EXISTING STRUCTURE.

IT'S LOOKING WEST DOWN.

MORALE SURROUNDING HOMES ACROSS THE STREET.

THEN THIS IS ON HARLANDALE.

UM, IT'S ANOTHER FRONTAGE OF THE PROPERTY.

IT'S A BIG HILL, UM, BUT WE'RE DOWN ON HARLANDALE STREET AND LOOKING UP AT THE HILL AT THE PROPERTY ITSELF.

AND THEN THERE'S THE OTHER SIDE OF THE ALLEY ON THE HARLANDALE SIDE.

THEN LOOKING UP HARLANDALE NORTH, UM, TOWARDS THE OTHER RESIDENTIAL BLOCKS TO THE NORTH WITH THE MULTI-FAMILY ON OUR WEST OR LEFT.

AND THAT'S THE MULTI-FAMILY TO THE WEST OF THE EXISTING SITE.

THEN THIS IS ON FERNDALE LOOKING NORTH FROM, UM, FROM THE EXISTING FACILITY INTO THE RESIDENTIAL TO THE, TO THE NORTH ACROSS THE ALLEY.

THIS IS JUST ANOTHER QUARTER BLOCK UP INTO THE RESIDENTIAL AREA.

AND THEN THIS IS SOUTH, UM, WITH THE PARKING FACILITY ON OUR LEFT, THE EXISTING CHURCH ON OUR RIGHT.

UM, SOME OF THE RESIDENTIALS ARE THE SOUTH.

THAT'S ANOTHER VIEW OF THE RESIDENTIAL TO THE SOUTH WITH MORAL, UH, WE INCLUDED DE RESTRICTIONS VOLUNTEERED BY THE APPLICANT AND GENERALLY AT THE END OF THE DAY, THEY ARE RESTRICTING OUT, UH, MANY OF THE ADDITIONAL USES THAT ARE ALLOWED IN A CR COMMUNITY RETAIL, UM, TO MAKE IT MORE NEIGHBORHOOD, UM, APPROPRIATE, UM, WHILE LEAVING IN A COUPLE THAT THE APPLICANT, UM, WOULD LIKE THE ABILITY TO OCCUPY IN THE EXISTING BUILDING.

SO STAFF RECOMMENDATION IS APPROVAL SUBJECT TO DEED RESTRICTIONS VOLUNTEERED BY THE APPLICANT.

THANK YOU VERY MUCH, MR. PIPPI.

QUESTIONS, COMMISSIONERS? YES, COMMISSIONER TREADWAY.

THANK YOU.

UM, COUPLE QUESTIONS ABOUT THE DEED RESTRICTIONS.

IF I READ IT CORRECTLY, IT LOOKS LIKE THEY ARE NOT RESTRICTING OUT HOTEL OR MOTEL ANIMAL SHELTER WITH RUNS AND COMMERCIAL MOTOR VEHICLE PARKING.

LET ME CLARIFY AS I CAN ONE AT A TIME.

UM, FIRST ONE'S HOTEL OR MOTEL.

YEAH, SO THAT ONE WILL REMAIN.

UM, THEY SPECIFICALLY SAID THEY'D LIKE THE POSSIBILITY FOR THAT IN THE FUTURE WHERE THEY COULD OCCUPY, UM, A SMALL PORTION OF THE BUILDING.

THEY CAN SPEAK TO WHETHER THAT WOULD BE, BUT IT WOULD BE LIMITED IN NATURE DUE TO THE SIZE, UM, OF THE SITE AND THE FACT THAT THEY HAVE TO MAINTAIN THE, UH, EXISTING BUILDING.

SO THAT'S ONE, UM, ONE USE THAT THEY, THEY LEFT IN INTENTIONALLY.

AND THE NEXT ONE WAS ANIMAL SHELTER WITH RUNS.

THEY EXCLUDED ANIMAL SHELTER WITHOUT RUNS.

ARE YOU LOOKING AT THE USE TABLE? MM-HMM.

.

AND I JUST THOUGHT IT WAS INTERESTING THAT ONE WAS EXCLUDED, BUT THE ONE THAT WOULD'VE BEEN NOISIER

[00:10:01]

WAS NOT EXCLUDED.

IT'S NOT ALLOWED IN CR OH, IT'S NOT.

IT JUST, OKAY.

SO YOU'LL SEE YEAH, THE, YOU GOT IT.

SO ANIMAL SHELTER WITH OUTSIDE RUNS IS, IS BLANK ON THE TABLE CUZ IT'S COMMERCIAL MOTOR VEHICLE PARKING AS WELL.

IT'S, IT'S NOT, THEN THAT ANSWERS MY QUESTION.

SO HOTEL OR MOTEL WAS INTENTIONALLY LEFT IN? THAT'S, THAT'S CORRECT.

OKAY, THANK YOU.

AND I THINK YOU, YOU SPOKE TO COMMERCIAL MOTOR COMMISSIONER CARPENTER JUST TOLD ME IT'S NOT PERMITTED THERE ANYWAY, WHICH IS WHY IT DOESN'T NEED TO BE RESTRICTED OUT.

THAT'S RIGHT.

THANK YOU COMMISSIONER YOUNG, PLEASE.

SIMILAR QUESTION.

UH, THIS IS, AS I SEE IT SURROUNDED ON THREE SIDES BY SINGLE FAMILY AND ON THE FOURTH SIDE BY MULTI-FAMILY AND IS THE ONLY COMMERCIAL FOR SOME DISTANCE AROUND, UH, THE DEED RESTRICTIONS, AS I UNDERSTAND IT, DO NOT PROHIBIT A PUBLIC OR PRIVATE SCHOOL THAT IS CORRECT.

BASED ON HOW CR WORKS.

SO THAT IS, THAT IS STILL A USE, UM, ALLOWED IN, IN THEIR, BUT SUBJECT TO ALL OF THE OTHER THINGS THAT APPLY TO A A BY RIGHT SCHOOL THAT WE'VE BEEN DISCUSSING TODAY.

ALL RIGHT.

BUT, BUT THE CITY WOULD NOT HAVE THE POWER TO DENY A PUBLIC SCHOOL OR PRIVATE SCHOOL AT THAT LOCATION.

AND LIKEWISE SUCH USES AS FURNITURE STORE, NURSERY, GARDEN SHOP OR PLANT SALES, UM, PERSONAL SERVICE USES, WHICH AS WE KNOW IS A VERY BROAD CATEGORY.

THOSE, THOSE WOULD BE ALLOWED, UM, YOU KNOW, SUBJECT TO ALL THE OTHER RESTRICTIONS OF THE ZONING ITSELF.

RIGHT.

BUT THOSE RESTRICT, WELL, OKAY, PARKING MIGHT BE A RESTRICTION, BUT, BUT APART FROM PARKING, THERE WOULD BE NOTHING TO PREVENT THE ENTIRE BUILDING FROM BEING USED FOR ANY ONE OR A COMBINATION OF THOSE, UH, AS LONG AS THEY GET THEIR CERTIFICATE OF OCCUPANCY.

THAT'S CORRECT.

SURE.

OKAY.

THANK YOU.

THANK YOU COMMISSIONER DEN.

THANK YOU.

UH, TO FOLLOW UP ON COMMISSIONER TREAD WAY'S, QUESTION ON THE HOTEL.

WAS THERE ANY DISCUSSION OF BED AND BREAKFAST VERSUS A HOTEL, WHICH SEEMS MORE APPROPRIATE WITH THE SCALE HERE? THERE WAS, THERE WAS NOT ANY DISCUSSION OF THAT.

OKAY.

AND SECOND QUESTION, I NOTICED THAT PART OF THIS REZONING REQUEST INCLUDES A HISTORIC OVERLAY.

HAS THIS BEEN REVIEWED WITH LANDMARK COMMISSION? IT, SO IT DOES HAVE HISTORIC OVERLAY THAT APPLIES TO THE EXISTING CHURCH BUILDING.

UM, ANY EXTERIOR, ANY EXTERIOR MODIFICATIONS ARE GOING TO REQUIRE A CERTIFICATE APPROPRIATENESS AT LANDMARK COMMISSION.

UM, APPLICANT CAN CLARIFY IF THEY, IF THAT IS, YOU KNOW, GOING TO OCCUR, BUT TO MAKE CHANGES TO THE OUTSIDE, THEY WOULD HAVE TO GO TO LANDMARK COMMISSION, BUT WE HAVE, WE HAVE HAD IT REVIEWED BY OUR OHP STAFF AND THEY'RE ON THE SAME PAGE AS US.

AND SO RELATED TO THAT, UM, WHAT IS THE BASE ZONING CURRENTLY FOR THE HISTORIC DISTRICT? BECAUSE THIS WOULD CHANGE THAT BASE ZONING DESIGNATION, CORRECT? THAT'S CORRECT.

BASE ZONING OF, SO THE, THAT'S ON THE CHURCH PROPERTY, WHICH IS ON THE WESTERN PARCEL.

WESTERN PARCEL IS ZONED T H THREE RIGHT NOW.

AND THEN YOU CAN SEE THAT THERE IS THAT LITTLE, UM, ESPECIALLY AROUND THE OLDEST PART OF THE CHURCH BUILDING THE, UH, HISTORIC OVERLAY DESIGNATION.

SO THAT'S THE PART, UM, MOST SPECIFICALLY THAT IT'S PROTECTED BY, UM, THE HISTORIC ORDINANCE.

UNDERSTOOD.

I JUST, I WASN'T ABLE TO DETERMINE FROM THE MAP AND I TRIED TO PULL IT UP IF TH TH THREE COVERED THE WHOLE PARCEL OR IF IT WAS ONLY TO THE WEST OF WHERE THE OVERLAY WAS TH THREE.

YEAH, THAT'S, THAT'S CORRECT.

OKAY.

AND I THINK THAT KIND OF WENT INTO OUR ASSESSMENT THAT UNDER TH THREE, THERE'S NOT MANY WAYS TO REUTILIZE A BUILDING SUCH AS THAT, BUT THEY DO NEED TO, UM, THEY DO NEED TO MAINTAIN THE BUILDING PER THE ORDINANCE.

SO, UM, A COMMERCIAL IS, IS ONE WAY TO REUTILIZE A BUILDING LIKE THAT RATHER THAN TH THREE.

OKAY.

AND SO AS THIS WAS EVALUATED, WAS THERE ANY CONSIDERATION OF DEVELOPMENT STANDARDS THAT WOULD ENSURE COMPATIBILITY OF FUTURE DEVELOPMENT WITH THE HISTORIC OVERLAY? THEY, I MEAN, THEY STILL HAVE TO MEET THE HISTORIC OVERLAYS.

I NOT, I'M NOT TALKING ABOUT SPECIFIC TO THE, UM, HISTORIC CHURCH BUILDING ITSELF, BUT TO THE NEW DEVELOPMENT THAT WILL BE ANTICIPATED ON THE OTHER LOTS.

THEY, I MEAN, THEY, THEY CAN BUILD ANYTHING ELSE UNDER THE TYPICAL BASE ZONING, UM, WHICH IS CR OR MODIFIED CR.

UM,

[00:15:01]

SO WE, WE DIDN'T LOOK AT, UM, BECAUSE OF THE NATURE OF THE SITE, UM, AND IN THE NATURE OF HOW DIFFICULT IT WOULD BE TO HAVE TO WRITE INDIVIDUAL CONDITIONS FOR, FOR ONE SITE THAT WOULD HAVE TO BE UNDER A, A PD OR SOMETHING LIKE THAT.

SO WE, WE DIDN'T GO THAT ROUTE.

UM, AND, AND STUCK WITH A BASE ON, WITH THE USES REMOVED.

UNDERSTOOD.

UM, FINAL QUESTION.

I NOTICED THAT, UM, CR IS RECOMMENDED.

WAS THERE ANY CONSIDERATION OF NS WHICH ALSO SEEMS MORE COMPATIBLE IN TERMS OF SCALE WITH THE SURROUNDING RESIDENTIAL? YES.

SO ACTUALLY NS WAS IN SORT OF THE ORIGINAL CONSIDERATION, WE SAW IT WITH STAFF, UM, BUT THE APPLICANT, ONE OF THE APPLICANTS, UH, PRIMARY PROPOSED USES IS THEATER, UH, THEATER BEING A C R U.

SO THEY NEEDED TO, TO HAVE CR TO DO THAT, AND STAFF TOOK A LOOK AT IT AND SAID, OKAY, THEATER ISN'T ALLOWABLE USE IN CR AND IT CAN BE NEIGHBORHOOD APPROPRIATE IN A SMALL SCALE GIVEN SITE LIMITATIONS.

UH, BUT MANY OF THE OTHER CR USES ARE NOT.

THAT'S WHY WE'RE HERE WITH, WITH CR WITH D RESTRICTIONS RATHER THAN AN AN NS.

IF IT WAS ONLY OFFICE OR, UM, SMALL RETAIL USES, THEN AN NS WOULD, YOU KNOW, ALLOW THEM TO DO THAT.

BUT ONE OF THE, ONE OF THEIR PROPOSED USES AND ONE OF THE ONES THAT THEY HAD WORKED WITH THE COMMUNITY ON TO BRING TO THIS SIDE IS THEATER.

AND THAT'S THEATER WITHIN THE HISTORIC BUILDING, CORRECT? THAT'S CORRECT.

ALL RIGHT.

UM, THANK YOU.

UM, ONE, SORRY, AS WE WENT THROUGH THIS THEN I SORT OF CAUGHT UP WITH, UM, A POTENTIAL ADDITIONAL QUESTION.

IS THERE ANYTHING THAT WOULD PROHIBIT A, A FUTURE SHORT-TERM RENTAL WITH THE CA IF IT'S BASE CR ZONING? WAS THAT ANYTHING THAT WAS DISCUSSED? UM, WE DIDN'T DISCUSS THAT, BUT BECAUSE HOTEL WOULD BE ALLOWED BY RIGHT? CORRECT.

HOTEL IS ONE.

UM, BUT OTHER DWELLING UNITS ARE NOT ALLOWED.

OTHER KINDS OF DWELLING OR OTHER TYPICAL DWELLING UNITS ARE NOT BUILT INTO THE CR.

OKAY.

THANK YOU MR. PE.

THANK YOU, MR. CHAIR.

THANK YOU.

THIS CASE HAS BEEN TAKEN OFF.

CONSENT.

UH, ANY OTHER QUESTIONS? COMMISSIONERS, COMMISSIONER ANDERSON, PLEASE.

THANK YOU, MR. CHAIR.

UM, THANK YOU MR. PEPPE FOR YOUR WORK AND, AND FOR YOUR COMMENTS AND, AND MESSAGES.

AND, AND DID YOU, UM, TALK TO THE APPLICANT ABOUT GENERAL MERCHANDISE AND FOOD STORE? I NOTICED THAT THOSE ARE RESTRICTED AND IS THERE ANY OPPORTUNITY THINKING IN, IN TERMS OF COMMUNITY RESILIENCY, UM, AND THEN IN THE FUTURE POTENTIALLY HAVING SOME KIND OF FOOD SOURCE THERE? DO, DO YOU THINK THAT THEY WOULD HAVE ANY KIND OF, UM, RESERVATION AGAINST THAT? YEAH, SO GENERAL MERCHANDISER FOOD STORE, UM, LESS THAN 3,500 SQUARE FEET IS STILL ALLOWED UNDER THIS ZONING.

SO THEY CAN DO A, A SMALLER SCALE FOOD, ANY KIND OF RETAIL STORE, UM, BASED ON THAT.

UM, THEY PROHIBITED THE LARGER, UH, RETAIL ESTABLISHMENTS SORT OF IN THE SPIRIT OF BEING MORE SIMILAR TO N MS AS WE, AS WE JUST DISCUSSED.

BUT THE, A SMALL, SMALL RETAIL ESTABLISHMENTS UP TO 3,500 SQUARE FEET ARE TOTALLY, UH, PERMITTED.

THANK YOU.

THANK YOU MR. PE.

THANK YOU, MR. CHAIR.

THANK YOU.

COMMISSIONER WHEELER, PLEASE.

AND WHAT WAS THE REASON, UM, THAT WE ARE LEAVING COMMUNITY SERVICE CENTER BY S U P WITH IT BEING A CHURCH AND THE SERVICES THAT THEY ALREADY, UM, OFFER OR WAS THAT SOMETHING THAT, THAT WAS, UH, BY THE CODE? ONE, ONE MOMENT.

BECAUSE MOST OF THE THINGS THAT ARE NO LONGER BY S U P, UH, THAT WERE ESSENTIALLY BY S U P ARE NO LONGER BY S U P.

AND THE ONE THAT KIND OF STUCK OUT WAS THE COMMUNITY SERVICE IS STILL LISTED AS BY S U P.

UM, MY UNDERSTANDING WAS THAT IS TO MATCH, UM, THE NEIGHBORHOOD SERVICE, UH, OR EXCUSE ME, NOT THE NEIGHBORHOOD SERVICE, BUT THE, THE COMMUNITY RETAIL.

UM, IF I COULD JUMP IN REAL QUICK, COMMISSIONER WHEELER.

UM, SO WITH DEED RESTRICTIONS, WE CAN GO MORE RESTRICTIVE THAN WHAT BASE CODE PERMITS.

WE CAN'T GO LESS RESTRICTIVE.

SO IF THE BASE CR DISTRICT, A COMMUNITY SERVICE CENTER REQUIRES AN U, WE COULD GO MORE RESTRICTIVE, MEANING WE COULD PROHIBIT THE USE ALTOGETHER, BUT WE CAN'T REMOVE THE REQUIREMENT FOR AN U IN THE DISTRICT BECAUSE THAT WOULD BE LESS RESTRICTIVE THAN WHAT BASE CODE ALLOWS.

SO EVEN THOUGH THAT THE, SO ON THE OTHER ONES, THEY ARE IN THE BASE CODE, THEY'RE ALLOWED CUZ ON, ON THE ONE THEY ARE CURRENTLY, MOST OF THE ONES IN THE FIRST COLUMN IN EXISTING ARE

[00:20:01]

BY, UH, U P AND THEN THE ONE, THAT'S THE ONLY ONE THAT KIND OF STICKS OUT THAT IS NOW NO LONGER.

IS THAT RIGHT? RIGHT.

ANY ANY OF THE, THE USES IN THE CR WITH DR COLUMN OF, OF MR. PEPE'S TABLE THAT SAY PROHIBITED BY DR.

UM, THOSE WOULD BE PERMITTED IN A BASE CR DISTRICT IN SOME WAY, EITHER BY RIDE OR BY S U OR RESIDENTIAL ADJACENCY REVIEW, ET CETERA.

UM, COMMUNITY SERVICE CENTER, UM, IS NOT PROPOSED TO BE PROHIBITED, BUT IT WOULD STILL REQUIRE AN U BECAUSE THAT'S WHAT THE BASE DISTRICT ACQUIRES.

COMMISSIONER RUBEN, JUST A QUICK FOLLOW UP.

IF, IF THE CHURCH CONTINUES TO OPERATE, CAN THE CHURCH RUN COMMUNITY SERVICE TYPE CENTER TYPE USES WITHOUT AN ST AS AN ACCESSORY USE? THAT'S A GOOD QUESTION.

I AM NOT POSITIVE, UM, WHERE THAT LINE IS DRAWN ON, ON, YOU KNOW, SMALL, UH, DISTRIBUTION OR NOT.

BUT TYPICALLY COMMUNITY SERVICE CENTERS ARE, ARE WHAT WE HAVE FOR FOOD AND AND CLOTHING DISTRIBUTION IN A FULL SCALE.

AND THAT'S THE SINGLE PURPOSE OF IT.

BUT I'M, UM, IN, IN THE CONTEXT OF A CHURCH, I'M NOT SURE OF IT.

I CAN FIND THAT OUT FOR YOU.

OKAY.

OKAY.

THANKS.

ANY, UH, COMMISSIONER YOUNG, PLEASE? UH, YES.

AM I RIGHT THAT HOTEL OR MOTEL IN CR WOULD REQUIRE A SPECIFIC USE PERMIT? I NEED TO, TO CONFIRM THAT.

OKAY.

WELL WE'VE, WE'VE LOOKED AT THE CODE DOWN HERE AND IT'S A SPEC, IT'S A SPECIFIC USE PERMIT.

YEAH.

FOR CR I I, I'M NOW RECALLING THAT WE LEFT IT OUT OF THE DEED RESTRICTIONS.

UM, WE, WE DID LOOK AT IT AND WE SAID, UM, LET'S, WE CAN LEAVE THE POSSIBILITY OF IT ONLY THROUGH A SPECIFIC USE PERMIT.

MY APOLOGIES CUZ I, I DIDN'T MARK, UM, ON THE TABLE AS I ASKED, BUT THE, THE THOUGHT WAS PUBLIC HEARING WOULD BE REQUIRED TO, TO OUT THAT ONE.

THANK YOU.

COMMISSIONER WHEELER.

SO I THINK THAT, UH, COMMISSIONER, UM, RUBEN COUNTY CLARIFIED WHY I WAS ASKING THAT QUESTION ABOUT CONS, UH, COM COMMUNITY SERVICE CENTER.

IS THERE A WAY THAT WE CAN FIND OUT AND MAYBE IS IT BECAUSE WHAT IS OFFERED UP UNDER THE CHURCH IS NOT NECESSARY JUST CLASSIFIED SEPARATELY AS A COMMUNITY SERVICE CENTER OR, BECAUSE THAT WAS THE REASON KIND MY NOT SEPARATE, UM, BUT ACCESSORY TOO.

HOW DO WE, HOW CAN WE FIND THAT OUT? YEAH, I'LL HAVE TO CHECK WITH DEVELOPMENT SERVICES TO WHAT DEGREE THEY ALLOW AN, AN ACCESSORY AMOUNT OF, UH, COMMUNITY SERVICE, UH, FUNCTION TO BE CARRIED OUT AT CHURCH.

THEY ARE COMMUNITY SERVICE CENTER AND CHURCH OF DIFFERENT USES IN THE CODE.

UM, BUT I'LL, I'LL HAVE TO CLARIFY WITH DEVELOPMENT SERVICES, IF THERE'S A DEGREE OF THAT DISTRIBUTION THAT'S ALLOWED UNDER CHURCHES, AND SO WILL THE CHURCH KNOW THAT THAT'S NOT, IF, IF IT IS ALLOWED, WILL, WILL THEY BE INFORMED THAT THOSE TYPE OF, THOSE TYPE OF COMMUNITY SERVICE SERVICES THAT THEY'RE OFFERED ARE ALLOWED IS JUST NOT STANDALONE? IF IT, IF THAT'S THE KIND OF THE ACCESSORY LIGHT, I'LL, I'LL GET SOME CLARIFICATION ON MONDAY.

THEY DRAW THAT LINE.

COMMISSIONER HERBERT FIRST ROUND FOR YOU, SIR.

THANK YOU.

UM, JUST LOOKING AT THE, UH, AREA AND THE MAP, I'M KIND OF FAMILIAR WITH THE AREA AS WELL.

UM, THERE'S A KIND OF A MANMADE ALLEY BEHIND THE CHURCH IN THE PARKING LOT OR HAS, HAS, IS THAT A PART OF THEIR PLAN TO DEVELOP? I EVEN SEE A FENCE THAT SEEMED TO BE BUILT BY THEM AT, NOT THEM, BUT THE PREVIOUS OWNER AT SOME POINT WILL.

IT DOESN'T LOOK LIKE A CITY OWNED ALLEY, IF THAT MAKES SENSE.

IT, IT, IT IS NOT, IT'S NOT PART OF THE, THE SUBJECT PROPERTY.

IT, THERE IS AN ALLEY BEHIND THERE, SO THERE IS A PLATTED ALLEY OR UM, AN ALLEY ON THERE.

IT MIGHT JUST BE VERY OLD.

UM, GOTCHA.

I I DON'T KNOW IF THEY PLAN TO IMPROVE IT OR NOT.

SOMETIMES IF THEY WANT TO HAVE ACCESS TO IT, THEY HAVE TO IMPROVE IT.

UM, ACCESSING A COMMERCIAL, EXCUSE ME, ACCESSING AN ALLEY, UM, THAT IS USED BY RESIDENTIAL FOR COMMERCIAL IS USUALLY, UM, NOT ALLOWED.

BUT IN THIS, IN THIS CASE, THE ALLEY IS THERE ON, ON THE PLATS AND WE, UM, YOU KNOW, WE EVALUATE IT AS THAT'S ADDITIONAL DISTANCE AND BUFFERING BETWEEN RESIDENTIAL AND, AND, UH, COMMERCIAL SITES.

SO THAT, THAT ALLEY IS, IS THERE, WHETHER IT'S, WHETHER IT'S BUILT OUT AS LOOKING LIKE AN ALLEY, BUT IT LEGALLY AS IN TERMS OF BUILDING LINES AND AND BUILDING SCIENCE, IT'S THERE, UM, NORTH OF THE CHURCH BUILDING PARCELS AND THE PARKING LOT PARCELS.

OKAY.

THANK YOU.

THANK YOU.

ANY OTHER QUESTIONS? COMMISSIONERS? OKAY, MR. PE, CAN YOU PLEASE READ THE RECORD? WE'LL GO AHEAD AND HEAR IT NOW.

ABSOLUTELY.

Z 2 12 206 IS AN APPLICATION FOR A CR COMMUNITY RETAIL DISTRICT WITH DEED RESTRICTIONS VOLUNTEERED BY

[00:25:01]

THE APPLICANT ON PROPERTY ZONED AT T THREE TOWNHOUSE DISTRICT WITH H 118 ZION HILL MISSIONARY BAPTIST CHURCH HISTORIC OVERLAY, AND AN R FIVE, A SINGLE FAMILY DISTRICT STAFF RECOMMENDATION LO LOCATED AT NORTHWEST AND NORTHEAST CORNERS OF MOR AVENUE IN FERNWOOD AVENUE.

STAFF RECOMMENDATION IS APPROVAL SUBJECT TO DEED RESTRICTIONS VOLUNTEERED BY THE APPLICANT.

THANK YOU VERY MUCH MR. PEPPI.

IS THERE ANYONE HERE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? I'LL SEE THAT THE APPLICANT IS HERE AGAIN FOR ALL OUR SPEAKERS.

UM, WE'LL GO THREE MINUTES PER SPEAKER.

MS. PASINA, WE'LL KEEP TIME AND SHE WILL LET YOU KNOW YOUR TIME IS UP.

PLEASE BEGIN WITH YOUR NAME AND ADDRESS FOR THE RECORD.

I'M JUST PULLING UP HIS PRESENTATION.

OKAY.

GOOD AFTERNOON COMMISSIONERS.

PAUL CARD 82 35 DOUGLAS AVENUE, SUITE SEVEN 20 DALLAS.

UM, SO JUST TO GO OVER THIS CASE A LITTLE BIT.

UM, SO FOR THIS CASE, THIS IS, UM, A HISTORIC CHURCH DESIGN HILL, UH, MISSIONARY BAPTIST CHURCH, AND WE'RE TRYING TO TRANSFORM INTO SOMETHING CALLED THE OAK CLIFF ASSEMBLY.

THE APPLICANT, UH, WANTS TO TAKE THIS APPROXIMATELY 15,000 SQUARE FOOT BUILDING AND PUT IN OFFICES AND THEATER SPACE.

AND THE HISTORY OF THIS SPACE IS, IS PRETTY NEAT.

SO IT WAS REALLY BUILT, UH, WITH A 1200 SEA CAPACITY SANCTUARY.

UM, QUITE A LOT CONSIDERING THE SIZE OF THE BUILDING.

UM, AND IT HAS SERVED AN HISTORIC ANCHOR FOR THE BRENTWOOD COMMUNITY AND BRENTWOOD COM COMMUNITY AND WE INTEND TO SEE THAT, UH, CONTINUE IN THE FUTURE, UH, AND HELP WITH REMAIN AN ANCHOR FOR FUTURE GENERATIONS.

SO SITE LOCATION DOWN HERE TOWARDS THE SOUTH IN BLUE IS OAK CLIFF.

EM IS THE OAK CLIFF ASSEMBLY, THE, THE SITE LOCATION IN BLUE.

UM, PEOPLE HAVE BEEN CONTACTED AND ARE SHOWN THEIR SUPPORT ARE IN ALL IN ORANGE.

THERE ARE TWO TRANSIT STATIONS WITHIN WALKING RANGE.

THE DALLAS, THE DART DALLAS, UH, ZOO STATION THAT IS ABOUT SEVEN MINUTE WALK AWAY, AND THEN THE STATION DIRECTLY DOWN THE ROAD ABOUT EIGHT MINUTE WALK AWAY.

SO PLENTY OF TRANSIT ACCESS COMBINED WITH ITS PARKING.

UM, AGAIN, PRIMARY LIEUTENANT USES ARE THE URBAN ARTS THEATER.

THEY'LL BE RELOCATING TO THIS SPACE, UH, CONTINUED ON ZONING, UH, TO PROVIDE A COMMUNITY EVENTS AND TRAINING AND PODCASTS AND JUST AGAIN, A GATHERING SPACE, UH, CONTINUING TO HAVE THAT ROLE AS A FOCAL POINT FOR THE COMMUNITY JUST IN A DIFFERENT, UH, FORM.

SO WITH, UH, ALSO LOOKING AT ADDING A SMALL COFFEE SHOP, POTENTIALLY A SMALL RESTAURANT OFFICE SPACE, OFFICE SPACES.

AND FOR THE PARKING LOT, IT'S REALLY IS PROVIDING OPPORTUNITY FOR FUTURE SMALL SCALE RETAIL.

THIS IS A PARTICULAR REASON WHY WE RESTRICTED THE GENERAL MERCHANDISE BELOW 3,500 SQUARE FEET TO ENSURE THAT, AGAIN, THAT IS AS TOWARD A SMALLER SCALE.

UM, AND THIS KINDA GIVES YOU A CONCEPTUAL OVERVIEW, JUST KIND OF SOME OF THE ARTISTIC DRAWINGS.

UM, AGAIN, STUFF LIKE BARBERS, OFFICE SUITES, THE COURTYARD, COFFING CAFE, THESE ARE AMENITIES THAT, UM, RESIDENTS, UH, INCLUDING MYSELF ACTUALLY, UM, HAVE NOT HAD IN THIS AREA FOR YEARS, DECADES EVEN.

UM, SO TO THE RESIDENTS OF BRENTWOOD, THAT DOES MEAN QUITE A BIT TO JUST HAVE THAT LOCAL AMENITY THAT FOR MANY OTHER NEIGHBORHOODS WITHIN THE CITY, THEY MAY CONSIDER FOR GRANTED.

UM, AGAIN, MORE VIDEOS OF, YOU KNOW, PUT US A COURTYARD COFFEE, UM, KIND OF GETTING MORE INTERIOR SHOTS OF KIND OF WHAT THE CONS CONCEPT IS SUPPOSED TO LOOK LIKE.

WE DID HOST A COMMUNITY MEETING, UM, LAST WEEK, AND THIS IS THE APPLICANT THEMSELVES PRESENTING, UM, COMMUNITY MEMBERS AND ATTENDANCE, INCLUDING THE, UH, BRENTWOOD NEIGHBORHOOD PRESIDENT RI AUSTIN.

UM, HERE'S SOME OF THE COMMENT CARDS FROM THOSE MEETINGS.

UH, PRETTY MUCH ALL POSITIVE.

SO, UH, WE HAVE MORE COMMENTS, POSITIVE, UM, PEOPLE ARE REALLY EXCITED.

THEY'RE REALLY, REALLY LOOKING FORWARD TO SEEING THIS PROJECT.

UM, AND HOW COOL IS IT TO REALLY BE ABLE TO DO THAT WITHIN, IN HISTORIC CONTEXT.

UM, AND THEN AGAIN, THE CURRENT PARKING LOT.

SO APPLICANT IS PROPOSING TO IMPROVE THE PARKING LOT, UM, UH, AND OF COURSE MAKE SUBSTANTIAL IMPROVEMENTS TO THE COURTYARD IN THE INTERIOR OF THE HISTORIC BUILDING.

AND THAT'S PRETTY MUCH IT.

HAPPY TO ANSWER ANY QUESTIONS, UH, IF ANY.

THANKS.

THANK YOU.

PLEASE STAND BY.

IS THERE ANYONE ELSE HERE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? YES, SIR.

GOOD AFTERNOON.

GOOD AFTERNOON.

MY NAME IS GILES KING.

I AM THE PRODUCING EXECUTIVE DIRECTOR FOR THE URBAN ARTS CENTER.

I LIVE IN DALLAS, TEXAS.

UM, URBAN ARTS CENTER IS A, UH, 14 YEAR OLD COMMUNITY ORGANIZATION WHERE WE PROVIDE THEATER, DANCE, MUSIC, UM, PHOTOGRAPHY, AS WELL AS, UH, VIDEOGRAPHY LESSONS, UM, AND OPPORTUNITIES FOR THE COMMUNITY.

FOR THE LAST THREE, THREE PLUS YEARS, WE HAVE BEEN IN THE BRENTWOOD AREA, UM, OPERATING AND, UM, WE HAVE THE OPPORTUNITY TO FIND OUT ABOUT THE OAK CLIFF ASSEMBLY AND REALLY BE ABLE TO, UH, EXCITED ABOUT EXPANDING OUR REACH IN THE COMMUNITY.

WE PROVIDE, UM,

[00:30:01]

THEATER CLASSES FOR BOTH ADULTS AND FOR THO AND FOR CHILDREN AS WELL.

UM, AND WE REALLY NEED THAT, UM, THE ACCESS TO THAT THEATER SPACE, TO INCLU AND TO, UM, CONTINUE TO, UM, PROVIDE THOSE CLASSES AND THOSE OPPORTUNITIES FOR, TO OUR KNOWLEDGE.

WE ARE THE ONLY ART CENTER IN THE DISTRICT AND, UM, THAT'S BEEN ONE OF THE BIG, THE BIG PLUSES FOR US FROM THE OFFICE OF ARTS AND CULTURE SIDE, WHO WE HAVE A GREAT PARTNERSHIP WITH, UM, IS THAT WE'RE PROVIDING THAT ART TO THAT COMMUNITY.

THAT'S A, THAT'S REALLY A CULTURAL DESERT.

UH, SO, SO, UM, WE ARE HERE TO SAY THAT BY, UM, URBAN ARTS POTENTIALLY MOVING INTO THAT SPACE, WE COULD REALLY INCREASE OUR FOOTPRINT, NOT ONLY IN THE BUILDING, BUT IN THE COMMUNITY AND CONTINUE TO DO THE WORK THAT WE HAVE BEEN DOING.

THANK YOU.

THANK YOU FOR JOINING US.

NEXT SPEAKER, PLEASE.

HELLO, MY NAME'S AJ RAMER.

UM, I'M WITH PROXY PROPERTY AND ONE OF THE OWNERS OF THE OAK CLIFF ASSEMBLY CHURCH.

WE FOCUS ON HISTORIC REHABS.

UM, WHEN WE FOUND THIS PROPERTY, IT WAS, IT'S A REALLY SPECIAL PROPERTY.

IT'S VERY, THE SANCTUARY IS HISTOR LANDMARK, UH, IT'S OPEN SPACE.

UM, AND IT WAS CURRENTLY OWN TOWNHOMES.

SO TO TURN IT INTO TOWNHOMES, WE WOULD'VE HAD TO COME AND CHOP THIS ENTIRE SANCTUARY INTO LITTLE TINY SPACES, WHICH WE DIDN'T WANT TO DO.

UM, WHEN I MET GILES, WHO WAS ALREADY WORKING IN THE NEIGHBORHOOD DOING THE ART IRV ARTS CENTER, HE EXPRESSED INTEREST IN IT BEING A THEATER, WHICH IS WHAT PROMPTED US TO SWITCH FROM NEIGHBORHOOD SERVICES TO COMMUNITY RETAIL.

UM, AND THAT'S WHERE WE ARE TODAY AND THAT'S WHY WE'RE HERE.

ANY QUESTIONS? THANK YOU FOR JOINING US.

CAN YOU PLEASE STATE YOUR LAST NAME AND YOUR ADDRESS FOR THE RECORD? ANDREW OR AJ RAMMER, 1923 NORTH EDGEFIELD DALLAS.

THANK YOU, SIR.

TEXAS 75 2 8.

THANK YOU VERY MUCH.

NEXT SPEAKER.

OKAY, COMMISSIONERS QUESTIONS FOR OUR SPEAKERS.

COMMISSIONER YOUNG, UH, YES FOR MR. CARDEN.

MR. CARD AS YES, AS YOU HEARD ME SAY DURING THE BRIEFING.

UH, THIS SITE IS SURROUNDED ON THREE SIDES BY A SINGLE FAMILY AND ON THE FOURTH BY MULTI-FAMILY MM-HMM.

AND WOULD BE AN ISLAND OF SOME LIMITED DEGREE OF COMMERCIAL USE.

UH, WITHIN THAT, I THINK YOUR DEED RESTRICTIONS GO A LONG WAY TOWARD IN ENSURING COMPATIBILITY, BUT I WANT TO ASK YOU ABOUT SOME OF THE USES THAT YOU'VE CHOSEN NOT TO DERESTRICT.

SURE.

UH, PUBLIC OR PRIVATE SCHOOL.

UM, PRIVATE SCHOOL COULD BE PERCEIVED AS, UH, FOR EXAMPLE, UM, GUITAR LESSONS OR PODCAST LESSONS.

WE DIDN'T WANT TO BE PINNED IN THE SENSE OF IF THEY'RE WE'RE TEACHING THEM, YOU KNOW, CHILDREN, OKAY.

HOW TO DO PODCASTS OR ARTS OR MEDIA OR SOMETHING.

WE'RE NOT, IT'S NOT REMOTELY IN THE SCALE OF A FULL-BLOWN SCHOOL.

IT'S MORE LESSONS.

SO COULD THAT BE SOLVED BY SOME SORT OF, UH, RESTRICTION ON THE SQUARE FOOTAGE THAT WOULD BE, UH, UTILIZED FOR THAT PURPOSE? UH, I THINK SO.

WOULD THAT BE OKAY? IS THAT OKAY? YEAH, WE THINK SO, YES.

OKAY.

FURNITURE STORE? UM, WELL THIS IS GEARED TOWARDS THE LOCAL COMMUNITY AT THE LOCAL COMMUNITY IS PRODUCING, YOU KNOW, SMALL SCALE FURNITURE, BOUTIQUE FURNITURE.

THIS IS INTENDED TO BE COMMUNITY SERVING, SO WE WANT TO ENSURE THAT USE IS ALLOWED.

OKAY.

UH, COMMERCIAL PARKING LOT OR GARAGE, UM, COMMERCIAL PARKING LOT, BECAUSE THIS IS A VERY INFILL DEVELOPMENT AND BEING THAT IT'S A COMMERCIAL PARKING LOT FOR STARTERS, WE CAN'T REALLY DO A GARAGE BECAUSE RPS SURROUNDS US ON THREE SIDES.

SO PRACTICALLY THAT'S NOT POSSIBLE AS FOR A COMMERCIAL PARKING LOT, BECAUSE THERE IS, THERE IS ACTUALLY A LITTLE BIT OF RETAIL THAT IS ABOUT 700 FEET TO THE EAST AT MORRELL AND DENLEY.

WE UNDERSTAND THAT MAYBE IT MAKES SENSE TO SHARE PARKING BETWEEN DIFFERENT, UH, RETAIL NODES WITH ALONG THAT MORALE CORRIDOR.

AND CONSIDERING WITH TWO TRANSIT STATIONS, WE WANTED TO ENSURE THAT WE HAVE THE BEST USE OF THE LIMITED PARKING WE DO HAVE.

OKAY.

I'M SKEPTICAL ABOUT THAT ONE.

UH, NURSERY AND GARDEN SHOP, SAME REASON FOR THE FURNITURE STORE.

UM, AGAIN, IF WE HAVE LOCAL GARDENERS WITHIN OUR COMMUNITY, UM, WE DO WANT TO ENSURE THEY'RE ABLE TO PARTICIPATE OR HAVE SMALL, AGAIN, SMALL SCALE SHOPS AND HISTORIC BUILDING EFFECTIVELY LIMITS THE SIZE OF ANYTHING WE COULD PRODUCE.

WOULD YOU CONTEMPLATE AN OUTSIDE COMPONENT TO THOSE? NO, THERE ISN'T REALLY AN OUTSIDE COMPONENT TO THE, TO THE EXISTING BUILDING, UH, LIQUIFIED NATURAL GAS FUELING STATION THAT WE, WE HAVE NO ISSUE WITH.

WE'RE, WE'RE NOT FUELING ANYTHING HERE.

ALL RIGHT.

I THINK THAT COMPLETES MY QUESTIONS.

THANK YOU COMMISSIONER HAMPTON.

THANK YOU, MR. CHAIR.

MR. CARDNER, THIS MAY BE FOR MR. RAMBLER.

I THINK YOU MAY HAVE HEARD MY QUESTION.

DURING THE BRIEFING, IF THERE WAS ANY CONSIDERATION OF, UM, INCLUDING WHAT ALL DEFINED AS DEV DESIGN STANDARDS THAT WOULD ESSENTIALLY MAKE THE NEW DEVELOPMENT COMPATIBLE, UM, WITH

[00:35:01]

THE HISTORIC STRUCTURE, THERE WAS SOME CONSIDERATION OF IT, BUT WHEN YOU, WHEN WE START GETTING INTO DESIGN STANDARD AND KIND OF WITH THIS SMALL SCALE DEVELOPMENT, UM, OUR, THE PRIMARY GOAL OF THE APPLICANT IS FIRST AND FOREMOST TO ENSURE THAT THE HISTORIC CHURCH PERFORMS WELL.

UM, WE UNDERSTOOD THE COMMUNITY DOES HAVE A DESIRE TO SEE FUTURE RETAIL AND FUTURE AMENITIES, AND WE KNOW THE CHURCH HAS LIMITED SPACE.

SO OUR PRIMARY REASON FOR ADDING A NET CR WITH ALL THE DEED RESTRICTIONS WAS TO AT LEAST GIVE THE COMMUNITY AN OPPORTUNITY TO SAY, HEY, IF WE DO NEED MORE SPACE, WE COULD THEORETICALLY EXPAND AS NEEDED.

UM, THIS HAS BEEN, AGAIN, A VERY LOCAL EFFORT, UH, JUST SMALL SCALE, SMALL SEAL COMMUNITY DEVELOPERS HISTORICALLY FOCUSED, UM, AND IT'S REALLY JUST GOING IN RESPONSE TO THE COMMUNITY NEEDS.

AND HAVE YOU GUYS BEEN TO LANDMARK COMMISSION YET ON THIS REQUEST? UM, NOT ON, SO FOR THIS ONE, I DON'T, I HAVEN'T PARTICIPATED IN THE LANDMARK COMMISSION REQUEST.

AJ I, I THINK MR. RAMBLER MAY BE ABLE TO SPEAK TO THAT.

WE, AND WHEN WE PURCHASED A PROPERTY, HAVE DONE SOME REPAIRS TO STOP THE CONTINUAL DAMAGE OF THE PROPERTY, AND WE HAVE HAD TO GO WITH, GET CAS FOR ALL THOSE IMPROVEMENTS.

GREAT.

THANK YOU SO MUCH.

THANK YOU MR. CHAIR.

THANK YOU, COMMISSIONER.

YOUNG.

SECOND ROUND FOR YOU, SIR.

UH, YES.

FIRST OF ALL, MY COLLEAGUE POINTS OUT THE LIQUIFIED NATURAL GAS FUELING STATION IS NOT, NOT ALLOWED IN CR THERE'S A, A GLITCH IN THE MATRIX IF YOU PARDON THAT EXPRESSION.

UM, SO FOLLOWING UP ON OUR DISCUSSION, DO YOU HAVE A SUGGESTED NUMBER OF SQUARE FEET FOR PUBLIC OR PRIVATE SCHOOL USE? UM, I THINK, I THINK LIMITING TO THE SAME 3,500 SQUARE FEET, WE'VE LIMITED GENERAL MERCHANDISE SHOULD BE SUFFICIENT.

ALL RIGHT.

UH, SO ARE YOU VOLUNTEERING DEED RESTRICTIONS TO, UH, PUBLIC OR PRIVATE SCHOOL GREATER THAN 3,500 SQUARE FEET AND, UH, LIMITING ANY NURSERY OR GARDEN SHOP TO AN INSIDE USE ONLY? UM, YES, WE'LL VOLUNTEER FOR THE 3,500 SQUARE FEET RESTRICTION ON PUBLIC AND PRIVATE SCHOOLS.

JUST TO CLARIFY, ON THE INSIDE, USE ONLY, UM, WHERE WE SIGN, LIKE IF, IF SOMEONE IS HANGING OUT THERE FLOWERS OR SOMETHING, YOU KNOW, IT'S A SATURDAY BEAUTIFUL DAY, THEY WANT PEOPLE TO SEE THEIR FLOWERS.

THEY'RE NOT GROWING THEM THERE, THEY'RE JUST, THERE MAY BE A STAFF QUESTIONS OF WHAT'S CONSIDERED OUTSIDE USE.

WELL, IF, IF, I GUESS IF THE SALES WOULD NOT TAKE PLACE OUTSIDE, THEN THE USE OF NURSERY OR GARDEN SHOP WOULD BE INSIDE, BUT I'D WELCOME A STAFF CLARIFICATION ON THAT, IF I RECALL.

SO, OUTDOOR, EXCUSE ME, OUT, LET ME SEE.

I WAS TRYING TO CLARIFY IF, IF OUTDOOR SALES WAS, UM, CONSIDERED SEPARATELY, UM, THAN THE INDIVIDUAL USE IN SOME DISTRICTS IT IS.

UH, I TELL, I TELL YOU WHAT, YOU KNOW WHAT, UH, GIVEN THAT THIS, ANY OUTSIDE COMPONENT WOULD OCCUPY PARKING, THAT'S PROBABLY GONNA BE REQUIRED FOR SOME OTHER USE.

I'LL, I'LL DROP THAT ISSUE.

THANK YOU, SIR.

THANK YOU.

QUESTIONS, COMMISSIONERS OR SPEAKERS? COMMISSIONER ANDERSON.

THANK YOU, MR. CHAIR.

MR. CARDEN, UM, FOLLOWING UP ON COMMISSIONER YOUNG'S QUESTION ABOUT PUBLIC AND PRIVATE SCHOOL RESTRICTED TO 3,500 SQUARE FEET, UM, WOULD YOU HAVE ANY RESERVATION TO HAVING A, A MINIMUM? UM, WELL, ACTUALLY A MAXIMUM OF 5,000 SQUARE FEET.

UM, AND, AND NOT TO SAY THAT YOU WOULD HAVE TO USE 5,000 SQUARE FEET, BUT JUST IN CASE, IN ORDER TO ENSURE PROPER ALIGNMENT WITH OTHER EDUCATIONAL SYSTEMS THAT MIGHT WANT A PARTNER OR SOMETHING LIKE THAT.

AND, UM, I DON'T WANNA RE RESTRICT THE AMOUNT OF SQUARE FOOTAGE THAT THEY MAY NEED OR THAT YOU MAY NEED IN ORDER TO REALLY KIND OF RESPECT A POTENTIAL PARTNERSHIP.

AND I DON'T KNOW IF THAT'S IN, IN, IN THE WORKS, BUT WOULD YOU HAVE A, UM, ANY RESERVATION FOR A MAXIMUM OF 5,000 SQUARE FEET? WE WOULDN'T.

WE'RE RESPON WE'RE STAYING RESPONSIVE TO THE COMMUNITY NEEDS.

THANK YOU, MR. CHAIR.

THANK YOU MR. CARD.

THANK YOU.

ANY OTHER QUESTIONS, COMMISSIONERS, FOR ANY OF OUR SPEAKERS? COMMISSIONER HERBERT, PLEASE.

FIRST, AGAIN, SO WE ALREADY SPOKE ABOUT

[00:40:01]

WHAT SURROUNDS YOUR PROPERTY.

UM, CAN YOU SPEAK ON ANY PARTNERSHIPS OR ENGAGEMENT WITH THAT COMMUNITY ABOUT IMPROVING THOSE AREAS? UM, THE PARKING LOT ITSELF, THE FENCE AROUND THE PARKING LOT, THOSE TYPES OF THINGS.

UM, YEAH, SO AS MENTIONED IN KIND OF THE POWERPOINT, WE DID HAVE, OF COURSE, A COMMUNITY MEETING.

WE'VE HAD OTHER EVENTS BEFORE.

UM, AND EVERY TIME THE COMMUNITY COMES OUT, THEY'RE EXCITED, THEY'RE HAPPY TO SEE IT.

AND REALLY, WITH, WITH THIS PROJECT AND SOME OF THE OTHER ZONING CASES THAT ARE COME UP IN THIS AREA, IT'S ALWAYS, IT'S BEEN KIND OF A COMMUNITY RESPONSIVE CASE.

SO SAYING, HEY, WHAT DOES A COMMUNITY WANT TO SEE? WHAT DO THEY THINK IT SHOULD BE? UM, EVEN THE IDEA OF ADDING IN ARTS, IF I RECALL CORRECTLY, WAS PARTIALLY IN RESPONSE TO SEEING THE SH THE DEMAND WITHIN THE COMMUNITY FOR, YOU KNOW, ART SPACE AND, AND THAT.

SO, UM, I THINK THIS ALONG, YOU KNOW, WILL BE KIND OF A COLLABORATIVE APPROACH WITH, WITH COMMUNITY.

WE'VE STAYED IN CONSTANT CONTACT WITH THE NEIGHBOR PRESIDENT, WITH PEOPLE, WE'VE GIVEN OUT OUR DIRECT NUMBERS.

UM, THIS IS NOT SOMETHING THAT IS GONNA BE A SHORT TERM THING.

THIS BUILDING HAS BEEN AROUND FOR, YOU KNOW, APPROACHING A, GETTING CLOSER TO A CENTURY NOW, AND WE EXPECT TO BE HERE FOR QUITE SOME TIME AS WELL.

ANY OTHER QUESTIONS FOR OUR SPEAKERS? COMMISSIONERS, QUESTIONS FOR STAFF? NO QUESTIONS FOR STAFF.

UH, COMMISSIONER ANDERSON, DO YOU HAVE A MOTION, SIR? YES, I DO.

THANK YOU.

YOU, MR. CHAIR.

UM, IN THE MATTER OF Z TWO 12 DASH 2 0 6, I MOVE TO APPROVE THE MATTER WITH CONDITIONS AS LISTED IN THE DOCKET AND THE RESTRICTIONS VOLUNTEERED BY THE CL BY THE APPLICANT TO INCLUDE, UM, PUBLIC AND PRIVATE SCHOOL RESTRICTED TO NO GREATER THAN 5,000 SQUARE FEET.

THANK YOU, COMMISSIONER ANDERSON, YOU DO HAVE A SECOND, SECOND BY, UH, COMMISSIONER RUBEN COMMENTS? YES.

UM, THANK YOU AGAIN, MR. CHAIR.

OUR COMMUNITY OFTEN REACHES OUT FOR ALTERNATIVE SPACES IN TERMS OF MEETING, UM, EDUCATIONAL OPPORTUNITIES AND ART OPPORTUNITIES, AND I THANK THE APPLICANTS SENIOR REPRESENTATIVES FOR BRINGING, UM, THIS PROJECT TO OUR COMMUNITY.

I THINK IT'LL BE A COMPATIBLE USE AND, UM, I LOOK FORWARD TO SEEING THE SUCCESSES THAT ARE MADE AVAILABLE TO OUR COMMUNITY THROUGH THE USE OF THIS FACILITY.

THANK YOU, COMMISSIONER ANDERSON.

ANY OTHER COMMENTS? COMMISSIONERS? COMMISSIONER HERBERT, PLEASE? YES.

UM, DISTRICT FOUR GUY HERE.

SO JUST TO BACK UP, UM, MY, MY COUNTERPART, UM, I WANT TO THANK YOU GUYS FOR THIS SERVICE.

UH, THESE ARE DEFINITELY EXCELLENT, UM, OPPORTUNITIES FOR THAT COMMUNITY.

UM, THE ARTS ARE, IT'S A DESERT, LIKE YOU SAID.

UM, I JUST WANT TO ASK YOU TO MAKE SURE THAT YOU'RE BRINGING ALL THE RESOURCES INTO THAT PROJECT, THE ZOO, OTHER COMMUNITY ENTITIES, UM, JUST FULLY ENGAGED WITH THAT COMMUNITY.

BUT THANK YOU, THANK YOU FOR WHAT YOU'RE DOING.

ANY OTHER COMMENTS? COMMISSIONERS? OKAY, WE, WE DO HAVE A MOTION.

LET ME READ IT AND MAKE SURE THAT WE GET IT RIGHT.

COMMISSIONER ANDERSON, WE HAVE A MOTION TO CLOSE UP PUBLIC HEARING AND ALL STAFF RECOMMENDATION OF APPROVAL SUBJECT TO DEED RESTRICTIONS VOLUNTEERED BY THE APPLICANT, INCLUDING A RESTRICTION ON PUBLIC AND PRIVATE SCHOOLS TO 5,000 SQUARE FEET, CORRECT? YES.

THANK YOU, SIR.

THAT'S CORRECT.

ALL, ALL THOSE IN FAVOR PLEASE SAY AYE.

AYE.

AYE.

BEING OPPOSED? AYES HAVE IT.

UH, OKAY LADIES AND GENTLEMEN, WE WILL GO NOW, UH, BACK TO THE TWO CASES THAT ARE ON THE CONSENT AGENDA, WHICH ARE FOUR AND SIX.

WE'LL BRIEF THOSE TWO AND UNLESS THERE'S SOMEONE HERE THAT WOULD LIKE TO SPEAK ON, ON ANY OF THOSE TWO, WE'LL DISPOSE OF THEM IN ONE MOTION.

NUMBER FOUR, PLEASE.

GOOD AFTERNOON, ONCE AGAIN.

OKAY, Z 212 306.

THIS IS AN APPLICATION FOR AN AMENDMENT TWO AND AN EXPANSION OF PLAN DEVELOPMENT DISTRICT NUMBER 5 97 ON PROPERTY ZONED IN NC NEIGHBORHOOD COMMERCIAL SUBDISTRICT AND AN MF TWO MULTI-FAMILY SUBDISTRICT WITH DEED RESTRICTIONS Z OH SEVEN 8,207 WITHIN PLAIN DEVELOPMENT DISTRICT NUMBER 5 95, THE SOUTH DALLAS FAIR PARK SPECIAL PURPOSE DISTRICT ON THE SOUTH CORNER PENNSYLVANIA AVENUE IN HOME STREET.

PURPOSE OF THIS REQUEST IS TO ALLOW COMMUNITY SERVICE CENTER AND FOOD AND BEVERAGE STORE USES IN THE EXISTING BUILDING.

THE AREA OF REQUEST IS 0.7736 ACRES,

[00:45:01]

AND HERE'S THE SITE.

IT'S LOCATED, UH, ON PENNSYLVANIA AVENUE.

HERE'S THE SITE AGAIN WITH THE EXISTING STRUCTURE, WHICH THEY PLAN TO MAINTAIN.

AND TO THE NORTHEAST, THERE IS THE EXISTING COMMUNITY CENTER, SERVICE CENTER, FOOD AND BEVERAGE STORE AND PRIVATE SCHOOL.

UH, THERE'S MIXED RESIDENTIAL TO THE SOUTHEAST AND SOUTH, AND THEN THERE'S UNDEVELOPED, UH, SPACE, RETAIL SPACE TO THE NORTHWEST.

THE SITE IS CURRENTLY LOCATED IN THE NC AND MF TWO, UH, SUB-DISTRICTS IN PD 5 95.

PD 5 95 WAS APPROVED IN 2001.

THIS IS SOUTH DALLAS FAIR PARK SPECIAL PURPOSE DISTRICT.

CURRENT USE OF THE SITE IS A 4,500 SQUARE FOOT CHURCH BUILDING CONSTRUCTION 2005.

APPLICANT INTENDS TO REUSE THIS EXISTING BUILDING AND TO, TO DO SO.

THEY'RE REQUESTING TO EXPAND THE ADJACENT PD 5 97 IN ORDER TO PROMOTE PERMIT.

THE FOOD AND BEVERAGE STORE USE AND THE COMMUNITY SERVICE CENTER USE THE PROPOSED TRACT WITHIN THE PD WOULD ACCOMMODATE THE REUSE OF THE EXISTING BUILDING WITH THE PROPOSED USES.

THE PORTION OF THE PROPERTIES WITH THE MF TWO SUBDISTRICT, UM, CURRENTLY HAS DR 0 7 8 2 0 7.

THESE RESTRICTIONS WERE PUT IN PLACE WITH THE APPROVAL OF THAT MF TWO SUBDISTRICT IN 2004, AND THEY CURRENTLY RESTRICT THIS PORTION OF THE PROPERTY.

SHOULD KNOW MORE THAN THREE RESIDENTIAL UNITS IF DEVELOPED AS RESIDENTIAL.

THE RESTRICTIONS ARE PLANNED TO BE LEFT IN PLACE AS THE APPLICANT DOES NOT PROPOSE TO DEVELOP THIS PORTION OF THE SITE.

SO AS FOR THE SITE HERE IS, WE'RE IN THE BACKGROUND, IS THE AREA OF REQUEST, THE EXISTING BUILDING, IT'S A LITTLE BIT CLOSER.

WE'RE ON PENNSYLVANIA AVENUE HERE.

WE'RE LOOKING SOUTH AT THE EXISTING STRUCTURE BEHIND, OR YOU COULD SAY SOUTHWEST OF THE SITE.

THERE'S AN EXISTING ALLEY AND NOW WE'RE ACTUALLY BEHIND THE EXISTING BUILDING.

THIS IS THE, THIS IS SORT OF THE ENTRANCE OR ONE OF THE ENTRANCES FOR THE EXISTING CHURCH IN, IN, IN THE MIDDLE OF THEIR PARKING LOT.

THIS IS THE UNDEVELOPED, UH, PORTION THAT IS PLANNED TO BE LEFT AS IS IN THEIR, UH, DEVELOPMENT PLAN.

AND THAT'S ACTUALLY THE PORTION THAT ZONED MF TWO A CURRENTLY WITH DE RESTRICTION.

AND THEN THIS IS ACTUALLY LOOKING SOUTHWEST ON PENNSYLVANIA AVENUE.

UM, SOME AREA HOMES AND THE AREA ON THE RIGHT IS ZONED A WMU.

AND THEN ACROSS HOMES, UM, IS PART OF THE ST.

PHILLIPS KIND OF CAMPUS AND THERE'S AN EXISTING COMMUNITY SERVICE CENTER THERE AND THERE'S RETAIL IN THE BACKGROUND OF THIS PHOTO.

UH, JUST A QUICK COMPARISON OF THE DIFFERENCES IN DEVELOPMENT STANDARDS.

THERE ARE TWO DISTRICTS ON THE SITE RIGHT NOW.

UM, THE TRACK THREE DEVELOPMENT STANDARDS ARE WRITTEN PRIMARILY TO ACCOMMODATE THIS EXISTING BUILDING, ENCOURAGE, REUSE, UH, CON OF THIS EXISTING BUILDING.

AND THEY'RE A SLIGHT MODIFICATION OF THE PD 5 97 USES, EXCUSE ME, STANDARDS.

AND THIS IS THE DEVELOPMENT PLAN AS THEY PROPOSE IT, IT DOES GENERALLY MATCH THE EXISTING STRUCTURE WITH A BUILDING THAT'S CLOSE TO PENNSYLVANIA AVENUE, CLOSE TO HOMES, AND THEN PARKING LOCATED BEHIND THAT RELATIVE TO PENNSYLVANIA AVENUE.

THERE'S OUR PARKING LOT IN A LITTLE MORE DETAIL.

AND OUR DEVELOPMENT SITE, UH, THEY DO NEED TO REVISE THE CONCEPTUAL PLAN, UM, IF ONLY TO ADD THIS TRACT INTO THE OVERALL PD 5 97 ST.

PHILLIPS PD.

UM, AND SO THEY HAVEN'T ALTERED THIS IN ANY WAY THAT THEY DO HAVE TO DEPICT WHERE TRACT THREE IS AND IT'S OVER ON THIS SITE OF HOMES.

SO STAFF RECOMMENDATION IS, UH, APPROVAL SUBJECT TO A REVISED CONCEPTUAL PLAN AND DEVELOPMENT PLAN AND CONDITIONS.

THANK YOU MR. PEP QUESTIONS, COMMISSIONERS, ANY QUESTIONS ON THIS ITEM? FIRST ROUND? COMMISSIONER HAMPTON.

THANK YOU.

I'LL JUST ASK ONE, UM, QUESTION ON THE DEVELOPMENT PLAN.

THE FRONT YARD THAT'S CALLED OUT, IT APPEARS TO VARY FROM THE EXISTING CONDITION.

WAS THAT ANYTHING THAT WAS REVIEWED WITH THE APPLICANT TEAM OR IS THERE A REASON WHY THAT IS PROPOSED? WHERE WERE YOU SAYING, UH, THERE IS THE FRONT YARD SETBACK, FRONT YARD SETBACK WHERE IT SAYS 15 FOOT SETBACK? YES, SO THERE IS, THAT'S ACTUALLY PRETTY MUCH HOW IT IS IN REALITY RIGHT NOW.

SO THERE'S A COUPLE PATIOS THAT EXTEND TOWARDS THE PROPERTY LINE.

THOSE DO COUNT AS STRUCTURES.

SO,

[00:50:01]

UM, THOSE, THOSE ARE COUNTING AS STRUCTURES AND THIS IS ACTUALLY KIND OF SIMILAR TO HOW PD 5 95, THE, THE EXISTING ZONING WORKS.

UM, BUT THAT 15 WHERE IT SAYS 15 FRONT FOOT SETBACKS, THAT'S REFERRING TO THAT PORTION WHERE THE BUILDING DIPS BACK AND THEY DON'T HAVE A STRUCTURAL, THEY DON'T HAVE A STRUCTURED PATIO NEAR THE, UM, PROPERTY LINE.

OKAY.

AND THAT'S IT.

IT APPEARED TO VARY.

THANK YOU FOR THE CLARIFICATION.

THANK YOU MR. CHAIR.

THAT'S HOW IT EXISTS TODAY.

THANK YOU COMMISSIONER HAMPTON.

QUESTIONS, COMMISSIONERS.

OKAY, LET'S GO ON TO THE NEXT CASE PLEASE.

UM, I'M NOT AS SPRY AS MICHAEL, SO I'M JUST GONNA PRESENT FROM HERE TODAY, .

OKAY, THIS IS CASE NUMBER SIX.

YES SIR.

OKAY, FIRST CASE I HAVE FOR YOU TODAY IS C 212 DASH THREE 50.

THE REQUEST IS FOR A SPECIFIC USE PERMIT FOR A MOTOR VEHICLE FUELING STATION ON PROPERTY ZONE SUBDISTRICT SIX A WITHIN PLAN DEVELOPMENT DISTRICT NUMBER EIGHT 30, THE DAVIS STREET SPECIAL PURPOSE DISTRICT LOCATED AT THE NORTHEAST CORNER OF NORTHAMPTON ROAD IN WEST JEFFERSON BOULEVARD.

IT'S ABOUT HALF AN ACRE, UH, LOCATION MAP SHOWING THE PROPERTY WITHIN CITY LIMITS AERIAL MAP WITH THE AREA OF REQUEST OUTLINED IN BLUE AND THE UH, ZONING MAP WITH SURROUNDING ZONING DISTRICTS AND LAND USES.

UM, SO TO THE NORTH AS AN AUTO SERVICE CENTER.

UM, BEHIND THE PROPERTY TO THE EAST IS A SINGLE FAMILY NEIGHBORHOOD, UH, MORE SINGLE FAMILY TO THE SOUTH ACROSS WEST JEFFERSON BOULEVARD AND THEN TO THE WEST ACROSS NORTHAMPTON ROAD, UM, IS A GENERAL MERCHANDISE USE THAT ALSO HAS AN U FOR ALCOHOLIC BEVERAGE SALES.

THE PROPERTY IS CURRENTLY ZONED SUB-DISTRICT SIX A WITHIN PD EIGHT 30.

IT'S CURRENTLY DEVELOPED WITH A GENERAL MERCHANDISE OR FOOD STORE, 3,500 SQUARE FEET OR LESS, AND A MOTOR VEHICLE FULL FUELING STATION.

UM, UNDER THE CURRENT ZONING, THE GENERAL MERCHANDISE OR FOOD STORE USE IS PERMITTED BY RIGHT, IF IT'S LESS THAN 50,000 SQUARE FEET OR EXCUSE ME, 50,000 SQUARE FEET OR LESS.

UH, THE SQUARE FOOTAGE OF THIS USE IS ABOUT 2,400 SQUARE FEET, SO THAT USE IS PERMITTED BY RIGHT.

UM, HOWEVER, THE FUELING STATION USE IS PERMITTED BY S U P ONLY.

SO THAT'S WHAT THE REQUEST TODAY IS FOR.

ON AUGUST 8TH, 2012, UH, CITY OF COUNCIL APPROVED THIS SUBDISTRICT SIX A WITHIN P EIGHT 30.

UM, BEFORE THAT SUBDISTRICT WAS CREATED, A FUELING STATION, UM, WAS PROHIBITED ON THE PROPERTY.

HOWEVER, THIS ZONING CHANGE ALLOWED THE USE SUBJECT TO AN S U P.

UH, ALSO AT THIS TIME, CITY COUNCIL APPROVED U NUMBERS 1971 FOR A FUELING STATION FOR A 10 YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWAL FOR ADDITIONAL 10-YEAR PERIODS.

UM, THIS U EXPIRED ON AUGUST 8TH, 2022.

UM, THE APPLICANT DID NOT FILE FOR THEIR AUTO-RENEWAL, WHICH WOULD'VE BEEN DUE BETWEEN FEBRUARY 9TH AND APRIL 10TH OF LAST YEAR.

UM, THEY ALSO DID NOT FILE FOR A REGULAR RENEWAL OF THE U BEFORE ITS EXPIRATION DATE IN AUGUST.

UH, THEREFORE THE APPLICANT IS REQUIRED TO REQUEST A NEW U TO CONTINUE THE USE OF THE PROPERTY AS A FUELING STATION.

UH, WITH THIS REQUEST FOR NEW U, THE APPLICANT PROPOSES THE SAME CONDITIONS AND THE SAME SITE PLAN AS THE ORIGINAL U 1971.

UH, THIS INCLUDES THE, UH, ORIGINAL TIME LIMIT OF 10 YEARS WITH ELIGIBILITY FOR AUTO RENEWAL FOR ADDITIONAL 10 YEAR PERIODS AND SOME SITE PHOTOS.

THIS IS ON NORTHAMPTON ROAD LOOKING EAST AT THAT FRONTAGE OF THE PROPERTY.

UM, THIS IS SORT OF CLOSER INTO THE SITE ALONG NORTHAMPTON ROAD LOOKING AT THAT FRONTAGE OF THE PROPERTY.

THIS IS UH, STREET VIEW IMAGE OF THE MIDDLE OF THE INTERSECTION.

YOU CAN SEE THE CORNER OF THE PROPERTY.

AND THEN FROM WEST JEFFERSON BOULEVARD, LOOKING NORTH AT THAT FRONT EDGE SURROUNDING USES, THIS IS THE AUTO SERVICE CENTER TO THE NORTH.

AND THEN WE'RE JUST KIND OF GOING ON, UH, COUNTERCLOCKWISE AT THAT POINT.

AND YOU CAN SEE THE GENERAL MERCHANDISER FOOD STORE ACROSS THE STREET.

SOME MORE VIEWS OF THIS INTERSECTION.

IT'S A PRETTY LARGE INTERSECTION.

AND THEN LOOKING SOUTH IN THE BACKGROUND, YOU CAN SEE SOME OF THOSE SINGLE FAMILY USES MORE VIEWS OF THAT SINGLE FAMILY TO THE SOUTH.

AND THEN THIS IS TO THE EAST OF

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THE AREA REQUEST, UM, SOME MORE SINGLE FAMILY BACK THERE.

THIS IS THE SITE LANDSCAPE PLAN, UM, PROPOSED BY THE APPLICANT FOR THIS REQUEST.

AND STAFF'S RECOMMENDATION IS APPROVAL FOR A 10 YEAR PERIOD WITH ELIGIBILITY FOR AUTO RENEWAL FOR ADDITIONAL 10 YEAR PERIOD SUBJECT TO A SITE LANDSCAPE PLAN AND CONDITIONS.

THANK YOU VERY MUCH MR. MULKEY.

QUESTIONS COMMISSIONERS? HI COMMISSIONER HAMPTON.

THANK YOU MR. MULKEY.

UM, IS THE SITE COM UM, COMPLIANT WITH ITS SITE PLAN? CURRENTLY? IT IS, YEAH.

WE ACTUALLY HAD A, A BIT OF A, A KERFUFFLE, UM, IN THE REVIEW PROCESS BECAUSE THERE HAD BEEN, UM, A MINOR AMENDMENT FOLLOWING INITIAL APPROVAL OF THE U SITE PLAN TO CORRECT.

UM, I THINK A LITTLE BIT OF THE LANDSCAPING AND THE LOCATION OF THEIR MONUMENT SIGN.

UM, HOWEVER THAT'S ALL BEEN UPDATED WITH, WITH THIS VERSION OF THE SITE LANDSCAPE PLAN.

SO IT IS COMPLIANT.

THANK YOU MR. MILKEY.

THANK YOU MR. CHAIR.

THANK YOU COMMISSIONER.

ANY OTHER QUESTIONS ON THIS ITEM? OKAY, MR. MILKEY, CAN YOU READ CASES FOUR SIX UNDER THE RECORD SO THEY CAN DEVO IT ALL PLEASE SIR? SURE THING.

UH, ITEM FOUR KC 212 DASH 3 0 6, AN APPLICATION FOR AN AMENDMENT TO AND AN EXPANSION OF PLAN DEVELOPMENT DISTRICT NUMBER 5 97 ON PROPERTY ZONED IN NC NEIGHBORHOOD COMMERCIAL SUBDISTRICT AND AN MF TWO, A MULTI-FAMILY SUBDISTRICT WITH DEED RESTRICTIONS.

UH, KC 0 78 DASH 2 0 7 WITHIN PLAN DEVELOPMENT DISTRICT NUMBER 5 95, THE SOUTH DALLAS FAIR PARK SPECIAL PURPOSE DISTRICT ON THE SOUTH CORNER OF PENNSYLVANIA AVENUE AND HOME STREET SASS.

RECOMMENDATION IS APPROVAL SUBJECT TO A REVISED CONCEPTUAL PLAN, A DEVELOPMENT PLAN AND CONDITIONS.

AND ITEM SIX KC TWO 12 DASH THREE 50.

AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A MOTOR VEHICLE FUELING STATION ON PROPERTY ZONE SUBDISTRICT SIX A WITHIN PLAN DEVELOPMENT DISTRICT NUMBER EIGHT 30, THE DAVIS STREET SPECIAL PURPOSE DISTRICT AT THE NORTHEAST CORNER OF NORTHAMPTON ROAD AND WEST JEFFERSON BOULEVARD.

SAS RECOMMENDATION IS APPROVAL FOR A 10 YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWAL FOR ADDITIONAL 10 YEAR PERIOD SUBJECT TO A SITE LANDSCAPE PLAN AND CONDITIONS.

THANK YOU VERY MUCH MR. MULKEY.

LADIES AND GENTLEMEN, IS THERE ANYONE HERE THAT WOULD LIKE TO BE HEARD ON EITHER OF THOSE TWO CASES, NUMBER FOUR OR SIX? ANY LAST QUESTIONS FOR STAFF COMMISSIONERS? COMMISSIONER HERBERT? JUST A A CHANCE, DID YOU KNOW I PUT THAT IN THE QUESTION FORM THAT DIA DIAGONAL TO THAT LOCATION IS UM, A SMALL GRAVEYARD WITH SOME OF THE PIONEERS OF THE CITY IN IT.

THAT'S ALL I GOT.

THANK YOU.

I KNOW THAT NOW.

THANK YOU .

THANK YOU SO MUCH.

SEEING NONE.

COMMISSIONER WHEELER, DO YOU HAVE A MOTION? I HAVE A MOTION.

I MOVED TO CLOSE THE PUBLIC HEARING, UM, IN CASE NUMBER Z 212 3 0 6 AND FOLLOW STAFF RECOMMENDATION OF APPROVAL SUBJECT TO A REVISED CONCEPTIONAL PLAN AND DEVELOPMENT PLAN OF CONDITIONS.

I ALSO MOVED TO CLOSE THE PUBLIC HEARING IN CASE NUMBER Z 2 12 350 AND FOLLOW STAFF RECOMMENDATIONS OF APPROVAL FOR A 10 YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWAL FOR ADDITIONAL 10 YEAR PERIOD SUBJECT TO SITE AND LANDSCAPE PLANNING CONDITIONS.

THANK YOU COMMISSIONER WHEELER FOR YOUR MOTION.

COMMISSIONER BLAIR FOR YOUR SECOND.

ANY DISCUSSION? SEEING NONE.

ALL IN FAVOR, PLEASE SAY AYE.

AYE.

AYE.

ANY, ANY OPPOSED? MOTION PASSES UNANIMOUSLY.

OKAY.

COMMISSIONERS WILL GO BACK TO CASE NUMBER FIVE Z 2 1 2 30 35.

GOOD AFTERNOON COMMISSIONERS.

THIS IS JENNIFER FROM MUNAS.

I'LL BE SHARING MY PRESENTATION AS SOON AS I HAVE THE CHANCE.

CAN EVERYONE SEE MY PRESENTATION? GREAT.

THIS IS Z 2 12 335, AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A COMMERCIAL BUS STATION AND TERMINAL USE.

THE PROPERTY IS CURRENTLY ZONED AS CS DISTRICT WITH A PORTION OF THE SITE CONTAINING AD DRIED OVERLAY.

IT'S JUST UNDER ONE AND A HALF ACRES LOCATED IN OLD EAST DALLAS ON THE WEST SIDE OF I 30

[01:00:01]

AT THE WEST CORNER OF TERRY STREET AND SOUTH PEAK STREET.

HERE'S AN AERIAL MAP SHOWING THE SUBJECT SITE RIGHT HERE IN RED AND THOSE ARE THE TWO STREETS, TERRY AND SOUTH PEAK STREET AND I 30 RIGHT HERE.

IT IS SOUTHEAST.

THIS IS A ZONING MAP SHOWING YOU THE PROPERTY AND ALL OF THESE SURROUNDING PROPERTIES ARE ALSO ZONED A CS DISTRICT, THE SANTA FE TRAIL, HOWEVER, UM, WE HAVE SANTA FES, THE ROAD IS RIGHT HERE ADJACENT TO THE SITE AND THEN THE SANTA FE TRAILS ELEVATED ABOVE THAT.

AND HERE'S THE SURROUNDING LAND USES.

AS I MENTIONED, THE TRAIL IS THERE TO THE NORTHWEST.

WE DO HAVE SEVERAL AUTOMOTIVE RELATED USES THAT SURROUND THE PROPERTY, INCLUDING LOTS OF VEHICLE OR ENGINE REPAIR OR MAINTENANCE USES OR VEHICLE DISPLAY SALES AND SERVICE.

THERE'S ADDITIONALLY OFFICE SHOWROOM AND WAREHOUSE USES TO THE NORTHWEST AND TO THE NORTHEAST.

SOME DEVELOPED LAND ADJACENT TO THE SITE WITHIN THE SAME SORT OF TRACT ON THE CORNER OF PEAK AND SANTA FE, UM, ON NORTHEAST CORNER.

AND THEN ACROSS THE STREET ON SOUTH PEAK.

THAT WHOLE SECTION THERE IS UNDEVELOPED AS WELL SINCE IT FRONTS THE EXPRESSWAY.

THE EXPRESSWAY IS A MAJOR PART OF WHAT YOU SEE ON THE SOUTHEAST SIDE OF THIS PROPERTY.

AND THEN TO THE SOUTHWEST NEAR THE SITE THERE'S ALSO A PHOTOGRAPHY STUDIO FARTHER TO THE SOUTHWEST AND A MINI WAREHOUSE STORAGE USE THAT'S LOCATED IN A PD, UM, TO THE SOUTHWEST AS WELL.

AND HERE ARE PHOTOS OF THE PROPERTY.

WE ARE LOOKING NORTHWEST FROM TERRY STREET ONTO THE SITE AND FROM PEAK IS BACKING IT UP A BIT TOWARDS I 30 IN THE INTERSECTION THERE.

AND WE ARE ON TERRY STREET LOOKING FROM THE UM, SOUTHEAST NOW WE'RE LOOKING AT THE CORNER OF THE PROPERTY COMING FROM FROM PEAK STREET AND THIS IS THE REAR OF THE SITE WITH THE SANTA FE FRONTAGE THAT'S AT THE NORTHWEST END.

AND THE SURROUNDING LAND USES AS MENTIONED SINCE IT FRAN SAN TERRY, TERRY STREET, IS THE ACCESS ROAD TO I 30.

AND THAT'S THE MINI STORAGE WAREHOUSE THAT'S LOCATED FARTHER TO THE SOUTHWEST.

THIS IS AN AUTOMOTIVE REPAIR SHOP THAT'S LOCATED DIRECTLY NEXT DOOR TO THE SUBJECT SITE AND THEN THE UNDEVELOPED PROPERTIES THAT YOU SEE TO THE EAST ACROSS PEAK STREET.

SO ALL THE CURRENT CONDITIONS AND YOU CAN KIND OF SEE THE PROPERTY THERE ON THE RIGHT OF THIS PHOTO.

AND YOU SEE THE ELEVATED TRAIL AND THEN THERE'S AN OFFICE STRUCTURE THAT'S LOCATED TO THE NORTHEAST OF THE SUBJECT PROPERTY AND THEN TO THE NORTHWEST.

KIND OF SIMILAR SMALL OFFICE STRUCTURE.

AND AGAIN, ALL THIS AREA IS CS DISTRICT AND WHAT YOU SEE HERE, IT LOOKS LIKE THERE'S SEVERAL VEHICLE UM, AUTOMOTIVE REPAIR AND VEHICLE DISPLAY SALES AND SERVICE USES THERE.

THAT SMALL CORNER ON THE NORTHEAST OF THE PROPERTY IS UNDEVELOPED.

AND THEN HERE'S THE SANTA FE ROAD THAT GOES RIGHT ADJACENT TO THE TRAIL AND ALIGNS ON THE NORTH SIDE OF THE PROPERTY.

AND THIS IS WHERE THAT PHOTOGRAPHY STUDIO IS LOCATED.

UM, I PUT THIS PICTURE IN HERE SO THAT YOU DO UNDERSTAND THAT WHILE THIS IS A CS DISTRICT, WE ARE AWARE THAT THERE ARE SEVERAL RESIDENTIAL USES THAT ARE TUCKED IN BETWEEN ALL OF THESE AUTOMOTIVE USES.

HOWEVER, THE DISTRICT DOESN'T TECHNICALLY ALLOW THEM ANY LONGER AND BUT THEY STILL EXIST.

THEY ARE THERE.

AND THE REQUEST FOR A COMMERCIAL BUS STATION AND TERMINAL USE REQUIRES AN S U P IN THE CS DISTRICT ONLY BECAUSE THE FACILITY IS OPERATING WITH A BUS.

THE RIGHT HERE I'VE HIGHLIGHTED THE PROVISION HERE THAT IT'S PERMITTED BY RIGHT IN A CS DISTRICT.

HOWEVER, UNLESS IT OPERATES WITH A BUS OR THE FACILITY OPERATES WITH A SHUTTLE WITHIN 500 FEET OF A RESIDENTIAL DISTRICT, THERE'S NO ACTUAL RESIDENTIAL DISTRICT WITHIN 500 FEET.

BUT HOWEVER, THEY HAVE IDENTIFIED THAT THEY WILL BE OPERATING WITH A MAXIMUM OF TWO BUSES ON THE SITE AT A TIME.

OVERALL, THERE ARE SOME ADDITIONAL PROVISIONS THAT ARE REQUIRED INCLUDING A LOBBYING OR WAITING ROOM AREA WITH A FLOOR AREA OF

[01:05:01]

NOT LESS THAN 200 SQUARE FEET.

AND THEN WHATEVER SIZE OF LOBBY OR WAITING AREA THEY PROVIDE, THEY MUST HAVE A MINIMUM OF ONE SEAT PROVIDED FOR EVERY 25 SQUARE FEET OF FLOOR AREA IN THAT LOBBY OR WAITING ROOM.

THEY ARE NOT PERMITTED TO HAVE OUTDOOR SALE OF GENERAL MERCHANDISE OR FOOD AND THERE IS NO LOADING OR UNLOADING OF PASSENGERS, UM, PERMITTED IN THE RIGHT OF WAY, SORRY.

AND THEN HERE IS THE PROPOSED SITE LANDSCAPE PLAN.

AND ACCORDING TO THE LAND USE STATEMENT AND WHAT THEY PROPOSE TO DO WITH THE EXISTING STRUCTURES, ONLY THE BUS STATION OFFICE WOULD OPERATE IN THE NORTHEASTERN SECTION OF THE STRUCTURE AND THE CANOPY AREA FOR LOADING AND UNLOADING OF BUS PASSENGERS.

AND THEY WILL USE AN EXISTING PARKING LOT THAT'S LOCATED ON THE PROPERTY TO THE NORTHWEST.

THEY DON'T BELIEVE THAT THEY WILL BE PAVING ANYTHING, THEREFORE LANDSCAPING IS NOT TRIGGERED.

HOWEVER, THEY ARE STILL PROVIDING LANDSCAPING TO HELP IMPROVE THE OVERALL AREA, THE SITE.

UM, AND THIS, THIS INTERSECTION HERE