[00:00:01]
COMMISSIONERS.[CALL TO ORDER ]
GOOD MORNING.THANK YOU VERY MUCH, MS. FAINA.
TODAY IS THURSDAY, OCTOBER 19TH, 2023, 9:18 AM WELCOME TO THE BRIEFING OF THE DALLAS CITY PLAN COMMISSION.
[BRIEFINGS ]
THIS IS JUST THE TIME FOR QUESTIONS, UH, FROM COMMISSIONERS TO STAFF.WE'LL KEEP ALL OUR COMMENTS AND, UH, POSITIONS FOR BRIEFING FOR THE, UH, HEARING THIS AFTERNOON, BEGINNING AT 1230.
UH, BEFORE WE GET STARTED, I'D LIKE TO WELCOME, UH, COMMISSIONER SLEEPER.
YOU'RE GONNA ENJOY YOUR TIME ON THE PLAN COMMISSION, AND, UH, YOU'LL FIND THIS GROUP THAT'S VERY HELPFUL.
UH, ALTHOUGH I THINK THE LEARNING CURVE FOR YOU MAY NOT BE AS STEEP AS, AS IT WAS FOR MOST OF US.
UH, COMMISSIONERS, UH, WE HAD CHANGED THINGS A LITTLE BIT.
UH, LOOKING FORWARD, I THINK THIS DOCKET AND THE NEXT ARE GONNA BE LIGHT, AND THEN THEY'RE GONNA GET VERY HEAVY AFTER THAT.
SO, UH, WE ARE NOW MOVING THE MINOR AMENDMENTS TO, UH, BRIEFING ON REQUEST.
SO IF ANYONE WOULD LIKE TO HAVE ITEM NUMBER ONE BRIEF, WE CAN DO THAT.
IF NOT, THEN WE WILL KEEP MOVING.
WOULD ANYBODY WANT, UH, LIKE ITEM NUMBER ONE, BRIEFED? I JUST, UH, HAD A COUPLE OF QUESTIONS FOR MS. BLUE HERE.
UH, UH, THIS PROPERTY WA WAS THIS PROPERTY ORIGINALLY WHAT WAS CALLED NORTHTOWN MALL? UH, SIR, I'M NOT FAMILIAR.
I KNOW THAT ORIGINALLY THEY HAD, UH, A MAINTENANCE SHOP.
I DON'T KNOW WHEN IT WAS BUILT.
UM, BUT THEY'RE COMING IN AND ACTUALLY ADDING, ADDING A PHASE TWO, UH, TO THIS PROPERTY.
THIS IS SOMETHING THAT I STOPPED THIS MORNING.
UM, SO I DO NOT KNOW THE ORIGINAL, UH, STATE, UH, IF IT WAS A MODEL OR NOT, THAT IT, IT DOES LOOK LIKE A BALL.
UM, BUT I DID LOOK AT THE AREA REQUEST JUST FOR, UH, MY PROJECT.
AND IT, I NOTICED THAT THERE'S A LOT OF CONSTRUCTION GOING ON OVER THERE.
IT'S, THEY'RE VERY BUSY, UH, EXPANDING THEIR OPERATIONS.
SO, UM, THERE SEEMS LIKE THERE'S PLENTY OF PARKING SPACES, UH, BECAUSE IT WAS A MALL OR SOMETHING LIKE THAT AT ONE TIME.
AND I ALSO, UH, LOOKED AT THE PARKING COUNT THAT'S ON THE DEVELOPMENT PLAN AND MADE SURE THAT THEY'RE IN COMPLIANCE WITH WHAT THEY SAID THEY HAVE ON SITE AS FAR AS HOME USE.
AND THE QUESTION OF THE GENERATORS WOULD RUN ONLY DURING EMERGENCIES, POWER OUTAGES, THINGS LIKE THAT.
THAT'S WHAT THE APPLICANT, UH, SAID IN HIS, UH, APPLICATION.
SO THAT SHOULD NOT, I'M GUESSING IMPACT THE, THE NEIGHBORHOOD THAT'S ON THE OTHER WOULD BE ON THE OTHER SIDE OF THE WALL FROM THE, THE GENERATORS.
ANY OTHER QUESTIONS, COMMISSIONERS ON THIS ITEM? OKAY, WE WILL KEEP MOVING TO CASE NUMBER TWO, MR. PEPE.
WE'RE HAVING SOME NETWORK ISSUES, SO I WILL HAVE TO HAVE SOMEONE ELSE DISPLAY SLIDES FOR US TODAY.
HEY, BUT THE MICS ARE VERY CRISP TODAY, I FEEL LIKE.
I DON'T THINK THIS IS READY FOR, FOR MUSIC.
[00:05:04]
THANK YOU.SO Z 2 1 2, 3, 4, 3 IS NEXT SLIDE.
AN APPLICATION FOR AN MC, ONE MULTIPLE COMMERCIAL DISTRICT ON PROPERTIES ZONE, A CR COMMUNITY RETAIL DISTRICT, AND N S A NEIGHBORHOOD SERVICE DISTRICT AND AN MF TWO, A MULTIFAMILY DISTRICT ON THE WEST CORNER OF SOUTH FITZ HUE AVENUE IN GIFORD STREET.
IT'S ABOUT 13.6 ACRES AND IT'S LOCATED JUST EAST OF FAIR PARK IN DALLAS.
HERE'S AN AERIAL MAP OF THE SITE AS IT EXISTS TODAY.
IT IS SURFACE PARKING ASSOCIATED WITH THE FAIR AT THIS TIME.
SPLIT BETWEEN A COUPLE DIFFERENT, UH, ZONING DISTRICTS.
AND THEN, UM, WE'VE GOT SOUTH FITZ HUE ON THE SOUTHEAST SIDE WITH THE BEAR PARK NEIGHBORHOOD TO THE SOUTHEAST.
SO, SO THE NORTHEAST, THERE'S A COUPLE WAREHOUSES, THERE'S SOME SURFACE PARKING, UM, SORT OF CATTY CORNER ACROSS SOUTH FITZ HU.
UM, THERE'S A COUPLE PARCELS THAT ARE RETAIL OR UNDEVELOPED ALONG FITSU.
THERE'S MORE SURFACE PARKING ASSOCIATED WITH THE FAIR PARK TO THE SOUTHWEST, MORE OF THAT TO THE SOUTHWEST AND MORE OF THAT TO THE NORTHWEST AS WELL AS THE OTHER PARTS OF THE FAIRGROUNDS.
SO THE AREA OF REQUEST IS CURRENTLY ZONED A CR COMMUNITY RETAIL DISTRICT THAT N SS A DISTRICT AND AN MF TWO, AND IT'S DEVELOPED WITH SURFACE PARKING FACILITY FOR FAIR PARK.
THE EXISTING SURFACE PARKING FACILITY CURRENTLY PROVIDES ROUGHLY 1,665 PARKING SPACES.
MC ONE IS A MULT MULTIPLE COMMERCIAL DISTRICT.
THE FUNCTIONS SIMILARLY TO MU ONE IN TERMS OF USES, BUT IT DOESN'T INCLUDE RESIDENTIAL USES.
THE DISTRICT WILL ALLOW THAT NECESSARY HEIGHT TO CONSTRUCT THE PROPOSED PARKING GARAGE, WHEREAS, UH, OTHER LIGHT COMMERCIAL DISTRICTS MAY NOT ALLOW THAT, UH, REQUESTED HEIGHT OF 56 FEET.
SO WHEN WE GET DOWN TO THE AREA, WE'RE AT BURG ON THE NORTHEAST BOUNDARY OF THE PROPERTY.
UM, KIND OF HAVE TURNED OFF OF SOUTH FITZ HUE GOING INTO FAIR PARK AREA.
UM, THIS IS THAT ALSO JUST THE SUBJECT PROPERTY ITSELF.
AND NOW LOOKING, LOOKING SOUTH, UM, AT THE, KIND OF THE, THE NORTH MOST PART OF THIS PROPERTY.
UH, SO WE'RE ALMOST IN THE FAIRGROUNDS BY ALL MEANS.
AND THEN THAT'S WHAT IT LOOKS LIKE FROM THE FITZ HUE APPROACH.
SO WE'RE LOOKING IN NORTHWEST, UH, THERE'S A BIT OF A RISE AND THEN THE FENCE AND THEN THE SURFACE PARKING FACILITY BEHIND IT.
AND ONE OF THE CURRENT GATES, UM, WHICH IS FROM FITZ HUE, IT'S ACTUALLY LEGO STREET.
UM, I BELIEVE IT BECOMES A, A SORT OF PRIVATE DRIVE ASSOCIATED WITH THE, UM, WITH FAIR PARK AT THIS POINT.
THAT'S WHY WE'VE GOT GATES THERE.
NEXT SLIDE, ANOTHER VIEW, NEXT SLIDE.
SO WHEN WE GET DOWN TO SURROUNDING USES, THIS IS ACROSS GUYER STREET WAREHOUSES ON, ON THE RIGHT OF GUYER STREET WHEN YOU'RE LOOKING NORTH.
NEXT SLIDE, MORE WAREHOUSES TO NEXT SLIDE.
AND I THINK WE'VE TURNED AROUND.
PENNSYLVANIA IS BEHIND ME IN THIS, AND THEN WE'RE LOOKING AT THE WAREHOUSES, UH, FURTHER.
AND THEN, OH, IT'S ACTUALLY, YEAH, COLOSSEUM DRIVE IS KIND OF A CITY STREET INSIDE A FAIR PARK PROPERTY.
SO WE'RE LOOKING THE NORTHERN REACH OF THE, OF THE PROPERTY FOR, THAT'S UP FOR ZONING AND NEXT SLIDE AND THEN ALL THE WAY DOWN COLISEUM KIND OF RIGHT IN THE MIDDLE OF THE, WHERE THE SERVICE PARKING BECOMES FAIRGROUNDS, UM, LOOKING NORTHWEST.
OBVIOUSLY THESE ARE TAKING A WHILE BACK,
THERE'S RETAIL AND SOME UNDEVELOPED PARCELS ACROSS FITS U.
AND RETAIL AT FITZ HU AND LEGO.
THESE WERE DARK, THIS WAS A DARK DAY IT LOOKS LIKE.
UM, NOW I'VE, I'VE FLIPPED AROUND.
THAT'S THE FIRE STATION AT LEGO AND, AND FITZ HU.
YEAH, THE SAME, SIMILAR VIEW LOOKING SOUTH.
SO I PUT IN DEVELOPMENT STANDARDS, UM, IT'S SPLIT ZONE BETWEEN THREE DIFFERENT ZONING DISTRICTS
[00:10:01]
AT THIS TIME.AND, BUT THEY WERE QUESTIONING MULTIPLE COMMERCIAL, WHICH IS A DISTRICT YOU MAY NOT, UM, HAVE SEEN BEFORE.
UH, BUT THERE ARE SEVERAL PARCELS THROUGHOUT THE CITY HERE AND THERE THAT ARE MC ONE AND IT KIND OF FUNCTIONS LIKE AN MU ONE, UM, IN BOTH STANDARDS AND USES, BUT IT DOESN'T HAVE THAT RESIDENTIAL COMPONENT.
UM, SO IT ALLOWS FOR SORT OF A MIX OF COMMERCIAL USES, BUT IT DOES GET US THE HEIGHT THAT THEY ARE REQUESTING FOR THE GARAGE.
SO STAFF RECOMMENDATION IS APPROVAL.
QUESTIONS, COMMISSIONER WHEELER.
AND DO YOU KNOW THE REASON THAT THEY'RE ASKING FOR A PARKING GARAGE AND UM, AT THE PRAYER PARK? YES, SO WE'VE GOT OUR SURFACE LOT THERE.
THERE'S ONE BIG SURFACE LOT, THERE'S ANOTHER SURFACE LOT TO THE SOUTHWEST, SIMILAR SIZE AND QUANTITY OF PARKING SPACES.
THE ONE TO THE SOUTHWEST PROBABLY KNOW THE COMMUNITY PARK THAT'S BEING PLANNED THERE AND CONSTRUCTED THERE.
UM, THAT SOUTHWEST LOT IS, IS INTENDED TO BECOME THE PARK.
THIS WOULD FREE UP, UM, SOME OF THE PARKING FROM THAT THAT'S BEING REMOVED, CONSOLIDATED INTO A STRUCTURE HERE.
UH, SO THEY DO NEED THE HEIGHT, UM, TO BUILD THE, THE GARAGE IN THIS CASE.
UH, BUT IT WOULD ALLOW THEM TO CONSOLIDATE FROM OTHER LOTS, ESPECIALLY THE ONE TO THE SOUTHEAST.
ARE THEY GOING BE, ARE THERE WILL BE, THE FRONT PARK WILL BE LOSING SOME PARKING, BUT THEY WILL BE MAKING, UM, WILL THEY BE MAKING, IS THAT BECAUSE THEY'RE GOING TO HAVE THAT PART AS THE, THE PARK THAT IN THE PARKING LOTS THAT THEY'RE NOW IS GONNA BECOME ON THAT SIDE? A THE BIG PARK THAT THE CITY IS BUILDING, UH, COMMUNITY PARK, THAT'S GONNA BE OUTSIDE THE FAIR PARK GROUNDS? YES.
SO THEY, IN IN FAIR PARK VERSUS PRESENTATIONS, THEY DID DO STATE THAT IT'S A NET REDUCTION IN PARKING BECAUSE THEY'RE TAKEN OUT TWO SURFACE LOTS, TWO HUGE SURFACE LOTS CONSOLIDATING INTO ONE GARAGE.
UM, AS WELL AS HALF OF THIS SITE, AS YOU SAID, IS GONNA BE COMMUNITY PARK, WERE YOU AWARE THAT THEY ARE GOING TO MAKE THE TOP, UH, DECK OF THAT PARKING GARAGE? I'D LIKE A OP, UH, OBSERVATORY.
UM, AND IT, I'M GONNA MAKE SURE THAT THEY PUT SOME TYPE OF DESIGN FACTOR SO IT BLENDS IN WITH THE COMMUNITY.
AND WERE THERE ANY COMMUNITY MEETINGS SURROUNDING THIS? I'VE BEEN TO A FEW, YES.
AND WHAT WAS THE CONSENSUS IS MIXED.
THERE WAS, THERE WAS A SERIES OF MEETINGS, DEFINITELY.
I'M I'M SURE PEOPLE, IT APPEARED SUPPORTED THE PARK.
UM, AND THE, UH, FAIR PARK FIRST PRESENTED THIS AS A PREREQUISITE OR, OR TO A DEGREE, A NECESSARY CHANGE TO, TO BUILD THE PARK BECAUSE OF THE PARKING REQUIREMENT, PARKING NEEDS.
DO YOU KNOW THAT IF PEARL PARK FORCE IS GOING TO, WERE YOU WERE, OR DO YOU KNOW IF THEY'RE GONNA PRESENT THAT PRESENTATION TO SHOW WHAT IT COULD LOOK LIKE? SO IT DOESN'T LOOK LIKE AN EYESORE PRESENT TO HERE.
DO YOU KNOW IF THEY'RE GONNA, I I'M NOT SURE IF HE'S, IF THEY'RE GONNA HAVE THEIR FULL PRESENTATION THAT THEY PROVIDED AT THE COMMUNITY MEETINGS OR, OR NOT.
I'LL, I'LL REACH OUT, SEE WHAT THEY WANT TO PRESENT.
UM, FOLLOWING UP ON COMMISSIONER WHEELER'S QUESTION, MR. PEPPY, ARE YOU AWARE IF THIS, UM, NEW STRUCTURE HAS BEEN PRESENTED TO LANDMARK COMMISSION YET? I'M NOT AWARE OF THAT YET.
UM, AND SO SINCE IT'S WITHIN THE FAIR PARK DISTRICT, ONCE THE ACTUAL PROJECT MOVES FORWARD, THAT WOULD BE A REQUIREMENT AS A PART OF THE PROJECT, IS THAT CORRECT? CORRECT.
COMMISSIONER HALL, UH, THE HEIGHT OF 56 FEET, HOW MANY LEVELS IS THAT? I AM NOT SURE HOW MANY, HOW MANY LEVELS.
UM, IT'S, THEY'RE NOT HELD TO A CERTAIN AMOUNT OF DECKS.
UM, BUT SINCE THIS IS A GENERAL ZONING CATEGORY, WE'RE NOT, UH, WE'RE NOT, THEY'RE NOT HELD TO DECKS OR, OR ANY AMOUNT, BUT I'M NOT SURE WHAT THAT IS, BUT I CAN ASK THEM.
ARE THEY GONNA GO DOWN AS WELL? WOULD THERE BE, UH, SUB-LEVEL PARKING OR IS IT JUST, UH, ABOVE, ABOVE LEVEL? MY UNDERSTANDING, AS THEY SAID, THEY, THEY CAN'T, UH, GO DOWN DUE TO CERTAIN FACTORS ON THE SITE, AND SO THEY WON'T.
ANY OTHER QUESTIONS ON THIS ITEM? COMMISSIONERS? MAY I HAVE A QUICK QUESTION? YES.
MR. PEPPER, DO YOU KNOW IF THERE IS A PLAN TO HAVE ANY LANDSCAPE OR RETAIL AT THE FIRST FLOOR OF THIS PARKING AND GARAGE IN ORDER TO KIND OF ENHANCE, UM, THE CURRENT STREETSCAPE?
[00:15:02]
YES.WELL, THEY'RE GOING TO BE HELD TO THE ARTICLE 10 LANDSCAPING.
UM, UNDER THIS GENERAL ZONING CATEGORY, THEY HAVE TO DO THEIR, UM, BASE REQUIRED LANDSCAPING, WHICH INCLUDES, UM, A DEGREE OF BUFFERING, UM, SITE TREES AND, AND THE LIKE.
UM, OF COURSE, PART OF THE GROUND FLOOR WILL BE ENTRANCE TO THE COMMUNITY PARK, SO I'D ASSUME THAT THERE'S SOME LANDSCAPING AS WELL.
UM, WHEN I, I DIDN'T HEAR IF THERE WAS RETAIL WHEN THEY DISCUSSED IT, BUT THAT IS A, A TECHNICAL POSSIBILITY UNDER THE ZONING.
WERE YOU AWARE, I MEAN, WERE YOU AWARE THAT IT'S POSSIBLY HE'S NOT GONNA HAVE RETAIL BECAUSE THE RETAIL WILL BE A PART OF THE PARK ITSELF.
THIS IS UP TO BE, IS THIS TO BE A PART OF THE PARK THAT IS GONNA BE BUILT AS A CITY, I MEAN, AT THAT, AT THE FAIR PARK.
SO THEY NEEDED THEIR PARKING REQUIREMENT TO ACCOMMODATE THAT PARKING? YES.
SO THAT, SO THE RETAIL IS, IS ACTUALLY SUPPOSED TO BE WITH ON THE ACTUAL FAIRGROUNDS, A PART OF THAT PARK INSTEAD OF BEING SEPARATE? THAT'S WHAT THEY'VE STATED, YES.
ANY OTHER QUESTIONS? OKAY, WE'LL KEEP MOVING.
I DO HAVE ONE OTHER YES, PLEASE.
UH, IT'S JUST RELATED TO THAT, THAT SAME, UM, WELL, TO COMMISSIONER WHEELER WHEELER'S STATEMENTS.
UM, SO THE, THE, THE RETAIL OR WHAT, WHAT'S PLANNED TO REPLACE THE COMMUNITY RETAIL DESIGNATION WON'T NECESSARILY AFFECT THE SURROUNDING COMMUNITIES, BUT WILL BE RESERVED FOR RETAIL FOR THE PARK, IS THAT, IS THAT CORRECT? IT HAS COMMUNITY RETAIL ZONING, WHICH OBVIOUSLY ALLOWS RETAIL, UM, BY, RIGHT, SHOULD ANYONE CHOOSE TO USE IT AS SUCH.
THE MC ONE ALSO ALLOWS THAT, BUT RIGHT.
BUT I THINK INFORMALLY THEY'VE SAID THAT'S NOT THE PLAN FOR THIS PARTICULAR PART OF THE SITE.
OKAY, WE'LL GO TO CASE NUMBER THREE.
STAYING WITH YOU, MR. PEPPE THREE IS GOING TO BE A Z 2 2 3, 2 4 7.
IF YOU COULD SHARE MY PRESENTATION.
SO Z 2 2 3 2 4 7 IS AN APPLICATION FOR A SPECIFIC USE PERMIT FOR, YOU CAN GO RIGHT ON IN SPECIFIC USE PERMIT FOR A UTILITY OR GOVERNMENT INSTALLATION OTHER THAN LISTED, LIMITED TO A, TO AN ELEVATED WATER STORAGE RESERVOIR ON PROPERTY ZONE TO CS COMM COMMERCIAL SERVICE DISTRICT ON THE EAST LINE OF EXECUTIVE DRIVE, NORTH OF EAST NORTHWEST HIGHWAY, AND IT'S ABOUT 3.4 ACRES.
I KIND OF WENT PAST IT PRETTY QUICK, BUT THIS IS ON NORTHWEST HIGHWAY NEAR, UH, L B J AND JUPITER.
OKAY, SO THE PURPOSE IS TO ALLOW THE DEVELOPMENT OF AN ELEVATED WATER STORAGE TANK.
THERE'S A SITE AS IT EXISTS TODAY.
IT'S PRETTY MUCH UNDEVELOPED, UM, AT THIS TIME.
SO TO THE WEST IS EXECUTIVE DRIVE.
THAT'S ACTUALLY A, A PUBLIC STREET OFFICE SERVICE PARKING ACROSS THE WAY THERE, THERE'S SOME MULTI-FAMILY TO THE NORTHWEST, THERE'S AN AUTO SERVICE CENTER TO THE SOUTHWEST.
THERE'S THREE OR FOUR RESTAURANTS WITH DRIVE-IN OR DRIVE-THROUGH SERVICE TO THE SOUTH.
I THINK ONE OF THOSE UNDEVELOPED PARCELS IS WE COME IN, UH, DRIVE THROUGH RESTAURANTS, WHY I SAY THAT.
AND VEHICLE OR ENGINE MAINTENANCE OR RE AND VEHICLE OR ENGINE REPAIR MAINTENANCE TO THE EAST.
UM, IT'S A PRIVATE DRIVE, PRIVATE ACCESS EASEMENT TO THE, TO THE, TO EAST OF THIS SITE.
AND THEN THERE'S AN UNDEVELOPED SITE TO THE NORTH.
SO EVERYTHING, EVERYTHING TO THE NORTH SOUTH EAST IS, UH, THAT CSS DISTRICT.
SO IT IS AN UNDEVELOPED 3.4 OR TWO ACRE LOT PROPOSED USES AS UTILITY OR GOVERNMENT INSTALLATION OTHER THAN LISTED, LIMITED TO AN ELEVATED WATER STORAGE TANK, OTHERWISE KNOWN AS A WATER TOWER UTILITY OR GOVERNMENT INSULATION.
GENERALLY THE WHOLE DEFINITION,
THAT IS TO SAY WE HAVE OTHER KINDS OF UTILITIES THAT
[00:20:01]
ARE COVERED IN A THAT OFTEN ARE ALLOWED BY RIGHT, OR, OR MORE SIMPLE.THIS IS THE TYPE THAT DOES REQUIRE AN S U P BECAUSE IT'S SPECIFICALLY LISTED HERE, UM, GOVERNMENT OTHER THAN LISTED AS AN INSTALLATION OWNED, RELEASED BY A GOVERNMENT AGENCY THAT IS NOT SPECIFICALLY COVERED BY THE USE REGULATIONS IN THIS CHAPTER.
TYPICAL SUCH GOVERNMENT INSTALLATIONS INCLUDE CITY HALL COURTHOUSE OR AN ELEVATED WATER SEW RESERVOIR.
THE LOT WOULD BE ACCESSED FROM EXECUTIVE DRIVE AND THE PROPOSED USE REQUIRES THAT SS U P FOR, FOR THIS USE IN CSS DISTRICT.
SO OUR SITE FROM EXECUTIVE DRIVE LOOKING EAST.
YOU CAN SEE THE, NOW WHERE'S THIS? THIS IS A LITTLE FARTHER EAST LOOKING A LITTLE SOUTHEAST.
YOU CAN SEE THE RESTAURANTS ON THE RIGHT.
I THINK I'M ON THE PRIVATE DRIVEWAY, KIND OF LOOKING NORTHWEST AT THE, THE PROPERTY ITSELF.
THERE'S A BIT OF THE PROPERTY THAT'S CURRENTLY PAVED FOR WHATEVER REASON, WHATEVER USED TO BE THERE, I'M NOT QUITE SURE, BUT THERE'S A SMALL PAVED PORTION OF THE SITE.
NOT REALLY USED THOUGH, UM, BUT YOU CAN SEE THE OFFICE THAT'S KIND OF TO THE WEST.
LOOKING STRAIGHT NORTH ACROSS THE MIDDLE OF THE PROPERTY.
THAT'S THE OLD FRYS BUILDING, UM, IN THE, IN THE FAR BACKGROUND.
AND JUST A LITTLE BIT FARTHER EAST.
THAT'S LOOKING AT IT FROM THE ADJACENT DRIVE.
THE PROPERTY AS IT EXISTS TODAY.
IF IT HELPS, THE WATER TOWER IS LOCATED IN THE EAST MOST PART OF THE SITE.
SO IT'D PROBABLY BE IN THE VICINITY OF THE, THE MIDDLE GROUND HERE WHERE YOU'RE LOOKING.
UM, YOU WILL SEE THE SITE PLAN, BUT SOMETIMES IT HELPS TO VISUALIZE IN REAL LIFE.
NEXT SLIDE, THEN COME BACK TO EXECUTIVE AND DATA LOOKING AS DATA DRIVE.
UM, GOING STRAIGHT DOWN THE, THE FRAME, THERE'S SOME MULTIFAMILY TO THE NORTH, UH, THAT SAID THE WATER TOWERS LOCATED ON THE FARTHEST PART FROM FROM THE THIS SIDE.
THAT'S THE OFFICE TO THE WEST ACROSS EXECUTIVE.
AND THE RESTAURANTS TO THE SOUTH OF THE SUBJECT SITE.
SO EXISTING CSS DISTRICTS, THEY HAD TO FOLLOW ALL REGULATIONS ASSOCIATED WITH THE CSS DISTRICT.
UM, TYPICALLY UTILITY AND PUBLIC SERVICE USES HAVE SOME DIFFERENT REGULATIONS IN TERMS OF HEIGHT.
UH, HOWEVER, ONE OF THE STIPULATIONS IS, UM, FOLLOWING RESIDENTIAL PROXIMITY SLOPE, WHICH IN THIS CASE THEY DO.
IT DOES CONFORM TO THAT BECAUSE IT'S PRETTY FAR FROM SINGLE FAMILY OR RESIDENTIAL.
NEXT SLIDE, S U P CONDITIONS CONTAINS STANDARD, UM, CONDITIONS.
UM, THEIR MAXIMUM HEIGHT WOULD BE ABOUT ONE 30 FEET, UH, OF THE, OF THE TOWER AND NO EXPIRATION DATE.
UM, THE GOVERNMENT INSTALLATION OTHER THAN LISTED USE STATES THAT A PARKING REQUIREMENT SHOULD BE STATED FOR THE USE TO ESTABLISH A PARKING REQUIREMENT.
IN THIS CASE, THEY PROVIDE MORE THAN THAT.
AND NEXT SLIDE SITE PLAN AS THEY PROPOSE IT, AGAIN, ACCESSED FROM EXECUTIVE DRIVE, BUT WOULDN'T BE PUBLIC ACCESS.
AND THEN THE WATER TOWERS LOCATED AT THE EAST MOST PART OF THE SITE, A COUPLE PARKING SPACES BACK THERE.
STAFF RECOMMENDATION IS APPROVAL FOR A PERMANENT TIME PERIOD.
QUESTIONS, COMMISSIONERS, COMMISSIONER HAMPTON.
THANK YOU MR. PEPPY, COULD YOU GO BACK TO THE SITE PLAN? COULD WE GO BACK TO THE SITE PLAN? THANK YOU.
FRONTING ON THE STREET THERE IS A RECTANGULAR BOX THAT SEEMS TO BE SERVICED BY A DRIVE.
DO YOU KNOW WHAT THAT FUNCTION OF THAT IS? I UNDERSTAND THAT'S A, A UTILITY BOX WHERE IT, IT PULLS A DEGREE OF, OF UTILITY FROM THE, FROM THE STREET, BUT DW BE, MAY BE ABLE TO ANSWER THAT, UM, FOR US.
AND ARE THERE ANY, UM, REQUIREMENTS REGARDING THE TYPE OF FENCE OR ANY SCREENING ASSOCIATED WITH THIS? IT HAS TO BE, EXCUSE ME, IT HAS TO MEET THE BASE CODE OF ARTICLE 10.
UM, THEY DID NOT INCLUDE EXTRA LANDSCAPING PROVISIONS OR DIDN'T, UM, ALSO DIDN'T REDUCE THEIR, THEIR LANDSCAPING REQUIREMENTS.
UM, I'M NOT SURE WHAT SAFETY REQUIREMENTS THEY HAVE FOR, FOR THEIR FENCING ON SITE.
UH, WE CAN ASK THEM THAT IF THEY HAVE ANYTHING, UM, MORE INTENSE IN TERMS OF SECURITY THAN, THAN WHAT CODE REQUIRES.
YOU CAN ASK AND IT, I MAY HAVE OVERLOOKED IT.
I JUST SAW IT CALLED OUT AS THE FENCE.
I WASN'T ABLE TO DETERMINE WHAT IT WAS.
[00:25:01]
MR. CHAIR.ANY OTHER QUESTIONS? COMMISSIONERS? OKAY, SEEING NOW, WE'LL KEEP GOING.
MR. PEP, STAYING WITH YOU THREE.
UH, IT WAS BRIEF BEFORE NUMBER FOUR.
SO FOUR IS THE, UH, Z 2 12, 20 77.
I DID RECEIVE AN UPDATED SITE PLAN.
I'D BE HAPPY TO SHOW THAT IF WE COULD PULL UP THE POWERPOINT AND THEN SKIP ON DOWN TO THE SITE PLAN.
UM, THEY SUBMITTED A CHANGE AFTER THE DOCKET, WHICH I DID HAVE DISTRIBUTED TO, TO YOU FOLKS.
UM, BUT I DO WANNA MAKE SURE THAT'S PUT FORTH HERE.
YEAH, SO THOSE WERE THE PROPOSED SITE PLAN.
UM, AS THEY WERE TODAY, THEIR PROPOSED SITE PLAN DISTRIBUTED AFTER THE DOCKET ADDED A LANDSCAPE BERM AT THE NORTH PART OF THE SITE.
UM, BUT THEY DID WANT, UM, AFTER THEY HAD A COMMUNITY MEETING, THEY DID WANT SOME LANDSCAPE BUFFERING AT THE NORTH PART OF THE SITE.
AND IF YOU CONTINUE ON STAFF RECOMMENDATION IS APPROVAL OF THE SITE OF THE SUBJECT TO A SITE PLAN AS BRIEFED AND CONDITIONS QUESTIONS.
COMMISSIONER WHEELER, IF THEY ALSO MAKE AN UPDATE TO THEIR, I KNOW THAT WE DON'T USE LAST, THAT THEIR CIVIL PLANS, UH, TO ACCOMMODATE THE DRAINAGE ISSUE.
THAT'S, THAT'S WHAT THEY STATED, BUT IT IS OUTSIDE, SO IT'S NON-REGULATORY TO OUR BODY.
BUT THEY, I UNDERSTAND THEY DID CHANGE THAT.
AND WAS THAT ONE OF THE BIGGEST CONCERNS OF THE COMMUNITY, THAT THERE WAS A DRAINAGE ISSUE FROM THE LAST TIME THIS S U P WAS APPROVED? I UNDERSTAND THEY MADE THIS CHANGE AND THAT CHANGE IN RESPONSE TO THE COMMUNITY MEETING.
WERE THERE ANY COMMUNITY MEETINGS AROUND THIS, UM, WHERE THIS, UH, PROPOSED, UH, RENEWAL AND ETI EXTINCTION? I BELIEVE THERE WAS ONE, YES.
ANY OTHER QUESTIONS, COMMISSIONERS? OKAY, WE'LL GO TO CASE NUMBER FIVE.
THIS CASE WAS ACTUALLY BRIEFED IN CONJUNCTION WITH C 2 1 2 3 3 2.
HOWEVER, I AM PREPARED TO BRIEF IT AGAIN AS WELL AS AN UPDATE ON THE DEEDED RESTRICTIONS THAT HAVE BEEN VOLUNTEERED.
CAN EVERYONE SEE MY PRESENTATION? YES, WE CAN.
IT'S AN APPLICATION FOR A CSS DISTRICT, UH, COMMERCIAL SERVICE DISTRICT WITH CONSIDERATION OF A MIXED USE DISTRICT ON PROPERTY THAT'S CURRENTLY ZONED IN AGRICULTURAL DISTRICT.
IT'S LOCATED ON THE NORTH LINE OF DOWDY FERRY ROAD, NORTHEAST OF L B J FREEWAY I 20, AND IT CONTAINS JUST OVER 51 ACRES.
THE UPDATE TO THIS CASE IS THAT DEEDED RESTRICTIONS HAVE BEEN VOLUNTEERED, WHICH AMEND THE USAGE GUIDELINES FOR THREE OF THE USES, REQUIRING A MINIMUM OF 80 ROOMS FOR ANY HOTEL OR MOTEL.
USE SETS A MAXIMUM FLOOR AREA THAT'S REDUCED BY 300 SQUARE FEET FOR A GENERAL MERCHANDISER FOOD STORE BY RIGHT AND NOTES THAT ALL QUEUING FOR A A RESTAURANT WITH DRIVE-IN OR DRIVE-THROUGH SERVICE USE IS REQUIRED TO BE ON SITE.
NO USES ARE PROHIBITED IN THE DEEDED RESTRICTION INSTRUMENT THAT WAS VOLUNTEERED AND NO DEVELOPMENT STANDARDS ARE LIMITED EITHER.
THIS PROPERTY, AS YOU CAN SEE, IS LOCATED IN THE SOUTHEAST PORTION OF DALLAS
[00:30:02]
AND HERE IS AN AERIAL MAP.IT ALSO SHOWS THE ADJACENT SISTER CASE, UH, Z 2 12 3 3 2, WHICH WAS RECOMMENDED FOR APPROVAL BY C P C IN SEPTEMBER, UH, WITH DEEDED RESTRICTIONS VOLUNTEERED BY THE APPLICANT, WHICH RESTRICTED SEVERAL USES AS WELL AS INCLUDED THE THREE PROVISIONS THAT ARE INCLUDED IN TODAY'S DEEDED RESTRICTION INSTRUMENT FOR THIS LARGER PORTION OF THE OVERALL SITE.
AND IF YOU NOTICED ON THE AERIAL MAP, THERE ARE A FEW SPARSE USES IN THE VICINITY.
THERE IS A PUBLIC PARK LOCATED TO THE WEST AND THEN TO THE NORTH.
WE DO HAVE A BATCH PLANT AND SEVERAL SINGLE FAMILY USES ALL ALONG PLAINVIEW DRIVE A FULL NEIGHBORHOOD THERE TO THE EAST.
THERE ARE ADDITIONAL SINGLE FAMILY USES IN THE R SEVEN FIVE A DISTRICT, AND THEN WE HAVE UNDEVELOPED LAND IN THE NORTHWEST AS WELL AS ACROSS I 20 TO THE SOUTH.
NOW AS I NOTED, THIS PROPERTY ITSELF IS CURRENTLY ZONED IN AA DISTRICT.
IT IS ALSO UNDEVELOPED, AS YOU COULD SEE IN THE AERIAL MAP.
THE APPLICANT IS PROPOSING THE CSS DISTRICT FOR THE POTENTIAL TO REDEVELOP THE SITE OR DEVELOP THE SITE, EXCUSE ME, WITH A WAREHOUSE OR OTHER COMMERCIAL AND INDUSTRIAL USES, WHICH ARE PERMITTED IN THE PROPOSED DISTRICT.
THE CSS DISTRICT DOES ALLOW SEVERAL HEAVY COMMERCIAL AND LIGHT INDUSTRIAL USES THAT STAFF BELIEVES COULD HAVE TANGIBLE LAND USE IMPACTS ON THE ADJACENT NATURAL AREAS, CREEKWAY, FLOODPLAIN AND RESIDENTIAL PROPERTIES.
THEREFORE, WE HAVE RECOMMENDED AN ALTERNATIVE M U ONE DISTRICT, WHICH ALLOWS FOR THE DEVELOPMENT OF THE SITE WITH CONSIDERATION OF THE LOW DENSITY AND RESIDENTIAL NATURE OF THE AREA WHILE MEETING DEVELOPMENT GOALS OF THE AREA PLAN.
HERE ARE SOME SITE PHOTOS SHOWING THE TWO SITES IN CONJUNCTION SINCE THEY ARE WITHIN THE SAME PARCEL AT THIS NORTHEAST CORNER OF DOWDY FERRY.
NOW WE ARE LOOKING, UH, EAST ON DOWDY FERRY WHERE THERE'S THIS SINGLE FAMILY NEIGHBORHOOD ON PLAINVIEW.
AND THEN THERE ARE ALSO, UM, THAT FENCED AREA.
THERE IS THAT CONCRETE BATCH PLANT THAT EXISTED TO THE NORTH OF THE SIDE THAT'S ADJACENT.
AND THEN OF COURSE THESE SINGLE FAMILY USES THAT ABUT THAT CONCRETE BATCH PLANT AT THIS TIME, WHICH IS ACTUALLY FOR SALE RIGHT NOW.
AND SINCE MY SITE VISIT THOUGH, I'M UNAWARE OF THE STATUS OF THE PROPERTY.
BUT THAT WAS THE VIEW AT THE TIME.
AND AS YOU CAN SEE, THERE ARE UNDEVELOPED PROPERTIES ADJACENT TO THE SITE AS WELL.
THIS IS TO THE SOUTH, UM, OF I 20.
AND HERE WE'RE LOOKING AT PROPERTIES TO THE NORTHWEST AND IMMEDIATELY ACROSS THE PARK, SOME INTERIOR VIEWS THERE OF THE PARK.
NOW THE DEVELOPMENT STANDARDS, WE HAVE THE EXISTING AGRICULTURAL DISTRICT, THE PROPOSED COMMERCIAL SERVICE DISTRICT, AND THE IN LIEU OPTION PRESENTED BY STAFF, WHICH HAS SEVERAL OF THE DEVELOPMENT STANDARDS FOR THE PROPOSED DISTRICT, SIMILAR INCLUDING THE FRONT YARD AND SIDE YARD SETBACK WITH ADDITIONAL CONSIDERATION GIVEN TO RESIDENTIAL ADJACENCY IN BOTH THOSE PROPOSED DISTRICTS.
NOW, THE AGRICULTURAL DISTRICT DOES HAVE SIGNIFICANTLY DIFFERENT SETBACKS, HOWEVER, ADJACENT DISTRICTS HAVE ALREADY MODIFIED THOSE.
AND OVERALL WE DO HAVE A REQUIREMENT THAT THE MOST RESTRICTIVE DISTRICT ON THE BLOCK FACE WOULD MAINTAIN CONTINUITY FOR THOSE SETBACKS.
WHAT WE ARE SEEING THOUGH, IS A CHANGE IN THE HEIGHT THAT'S PERMITTED 45 FEET FOR THE PROPOSED CSS DISTRICT AND THREE STORIES.
AND THEN ADDITIONALLY, FOR THE MU ONE DISTRICT PROPOSED BY STAFF, IT COULD GO ANYWHERE BETWEEN 80 AND 120 FEET.
HOWEVER, IN BOTH CASES, RESIDENTIAL PROXIMITY SLOPE DOES APPLY.
AND SO WITH THE ADJACENT R SEVEN FIVE DISTRICT TO THE EAST, I DO KNOW THAT WE WILL HAVE R P SS LIMITING THE OVERALL HEIGHT OF ANY PROJECT WITHIN THIS PROPERTY.
BUT WITH OVER 50 ACRES, THERE WILL BE AN OPPORTUNITY FOR SOME HEIGHT WITHIN THE PROPERTY.
NOW THE PROPERTY IS TRAVERSED BY FLOODPLAIN THOUGH, SO THAT OF COURSE, AND OTHER NATURAL ELEMENTS OF THE SITE WILL
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ALSO RESTRICT WHAT IS ABLE TO BE DEVELOPED HERE.THE BIGGEST DIFFERENCE BETWEEN THESE TWO DISTRICTS IS DEFINITELY THE LAND USES WHICH ARE PERMITTED.
THE CSS DISTRICT AS NOTED, BRING ON HEAVY COMMERCIAL AND INDUSTRIAL USES WITH SOME SUPPORTING RETAIL PERSONAL SERVICE AND OFFICE USES.
NO RESIDENTIAL IS PERMITTED, THEREFORE WE WOULD SEE THIS SITE COMPLETELY CHANGE FROM A CURRENTLY AGRICULTURAL USE WITH NATURAL FEATURES FOR THE AREA, YOU KNOW, MAINTAINING THE CREEKWAY FLOODPLAIN AND SUCH TO SOMETHING MORE COMMERCIAL INDUSTRIAL IN IN NATURE, AND NO OPPORTUNITY FOR ANY RESIDENTIAL DEVELOPMENT IN THE FUTURE.
ALTHOUGH BEING ADJACENT TO RESIDENTIAL USES IN LIEU, THE MU ONE DISTRICT GIVES AN OPPORTUNITY FOR DEVELOPMENT OF THIS ACREAGE WITH OFFICE RETAIL, PERSONAL SERVICE, LODGING, AND RESIDENTIAL USES NOT CLOSING THE DOOR ON THAT OPTION FOR THIS AREA.
NOW TO THE NORTH, A ZONE CHANGE WAS APPROVED FOR AN INDUSTRIAL DISTRICT.
HOWEVER, IT DID INCLUDE DEEDED RESTRICTIONS WHICH PROHIBITED THESE USES, WHICH ARE A LITTLE BIT MORE, UM, INTENTS IN NATURE, ALTHOUGH IT DID NOT PROHIBIT SEVERAL INTENSE USES AS WELL.
NOW FOR CONSISTENCY REVIEW, THERE IS AN AREA PLAN HERE, THE I 20 FREEWAY CORRIDOR LAND USE PLAN, WHICH NOTES THAT THIS PROPERTY IS LOCATED IN SUBDISTRICT TWO OF THEIR LAND USE STUDY.
AND THE PLAN DESIGNATES THIS PROPERTY AS BEING FOR RETAIL OR COMMERCIAL USES.
IT ALSO NOTES THE SIGNIFICANT NATURAL OPEN SPACE THAT IS IN THIS AREA DUE TO THE PRESENCE OF PRAIRIE CREEK AND THE TRINITY RIVER AND PROPOSES THE PROPOSED TSS DISTRICT DOES NOT ALIGN OR IS NOT CONSISTENT WITH BOTH THE PROPOSED LAND USE FOR THIS AREA OF RETAIL, COMMERCIAL, OR THE CHARACTER AS CALLED FOR BY THE PLAN.
ADDITIONALLY, ABSOLUTELY NO INDUSTRIAL USES ARE RECOMMENDED FOR THIS SUBDISTRICT.
HOWEVER, THERE IS A PLACE FOR INDUSTRIAL USES IN SUBDISTRICT, ONE WITHIN THIS NEIGHBORHOOD ON THE SOUTHEAST SIDE OF I 20 ON BOTH SIDES OF BONVIEW ROAD.
FOR THIS REASON, STAFF HAS RECOMMENDED THE M U ONE DISTRICT IN LIEU OF THE REQUESTED CSS DISTRICT TO ADD THAT COMPATIBLE MIX OF USES AND PROVIDE CONSIDERATION OF THOSE NATURAL RESOURCES, THE FLOODPLAIN AND INVESTMENT INTO THE ADJACENT PARK AND TRAIL SYSTEM, WHICH IS THE GREAT TRINITY FOREST GATEWAY PARK AND HORSE TRAILS.
AND OF COURSE, THE EXISTING LOW DENSITY SINGLE FAMILY USES LOCATED TO THE NORTH AND EAST AND FARTHER TO THE NORTHWEST.
THEREFORE, STAFF RECOMMENDATION IS DENIAL OF THE CSS DISTRICT AS NOTED FOR THE FOLLOWING REASONS, THE LACK OF SUPPORT IN THE AREA PLAN, THE RESIDENTIAL ADJACENCY AND THE SENSITIVITY OF THE NATURAL FEATURES.
AND FLOODPLAINS NOT BEING SUPPORTIVE OF THE HIGH INTENSITY USE IS PROPOSED IN THE CSS DISTRICT.
STAFF DOES RECOMMEND APPROVAL OF AN M U ONE DISTRICT IN LIEU.
FINALLY, IF C P C DOES RECOMMEND APPROVAL OF THE CSS DISTRICT, SUBJECT TO DEED RESTRICTIONS VOLUNTEERED BY THE APPLICANT TODAY, THE CITY COUNCIL NOTICE FOR PUBLIC HEARING WILL INCLUDE THE VOLUNTEER DEED RESTRICTIONS.
QUESTIONS, COMMISSIONERS, COMMISSIONER BLAT, MS. MUNOZ.
GOOD MORNING, HOW ARE YOU? GOOD MORNING.
UM, QUESTION FOR YOU WHEN IT COMES, OR, OR HAVE YOU, DID YOU KNOW THAT THIS PARTICULAR SITE ON THE, FOR THE NEW FORD DALLAS THAT'S BEING PROPOSED KEEPS THIS AS A GREEN SPACE? NO, I WAS NOT AWARE.
AND DO YOU KNOW, UH, WERE YOU AWARE OF THE, UM, THAT IT'S WOOD HEAVENLY WOODED, ISN'T IT? FROM THE PHOTOS I WAS ABLE TO TAKE, SINCE IT IS A VERY LARGE PROPERTY AT THE DOWDY FERRY SIDE, IT DOES NOT SEEM AS WOODED.
BUT FROM THE AERIAL PHOTO, YOU CAN SEE IN THE INTERIOR WHERE THE FLOODPLAINS TRAVERSES OR BISECTS THE PROPERTY, THERE IS A SIGNIFICANT AMOUNT OF TREES.
AND I REMEMBER IN A PREVIOUS CASE ON THIS PARTICULAR SAME LOT, UM, ONE OF THE THINGS THAT THE COMMUNITY WAS CONCERNED ABOUT, WERE YOU AWARE, WAS THAT IN THAT HEAVILY WOODED, UM, LOT, THAT THERE WERE TREES THAT WERE A HUNDRED YEARS OLD, A HUNDRED PLUS YEARS OLD, WERE YOU AWARE OF THAT? NO, I WASN'T.
BUT I WOULDN'T BE SURPRISED CONSIDERING THE UNDEVELOPED NATURE AND THE SIGNIFICANT FLOODPLAIN THERE
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HAVE, WE HAD A HAVE HAS, DO YOU KNOW IF, UM, THE ARBORIST HAS HAD A CHANCE TO LOOK AT THIS PARTICULAR AREA AND ASSESS IT FOR THE TYPES OF TREES AND THE, AND IF THERE ARE TREES THAT ARE, ARE PROTECTED? I'M NOT AWARE THAT AN ASSESSMENT HAS BEEN DONE.UH, DEFINITELY NOT IN RELATION TO THIS GENERAL ZONING CHANGE AT THIS POINT, NO PERMITS HAVE BEEN REQUESTED, NO PLANS HAVE BEEN PROPOSED.
NO LANDSCAPE, UM, PROVISIONS ARE BEING AMENDED, THEREFORE THERE WOULD NOT BE A TRIGGER FOR ANY SORT OF REVIEW BY OUR ARBORIST UNLESS HE HAD DEALT WITH THIS SITE.
IN RELATION TO ANOTHER REQUEST TYPE, MAYBE A BUILDING PERMIT REQUEST OR A PREVIOUS ZONING CASE THAT I'M UNAWARE OF.
AND THIS, THIS LOT, IT BACKS UP TO R SEVEN FIVE ON THE EAST AND, AND IT'S RIGHT ACROSS THE STREET FROM THE HORSE PARK ON THE WEST AND THAT UGLY STRIP OF, UH, OF THE OLD BATCH PLANT TO THE NORTH AND O ON THE OTHER SIDE OF THAT IS RESIDENTIAL, CORRECT? THAT'S CORRECT.
SO A QUESTION FOR YOU, UM, IN RESPECT TO THE, UM, REC, WELL TO THE, THE HOTEL, I WOULD ASSUME IT WOULD BE A HOTEL AND NOT A MOTEL WITH A MINIMUM OF 80 ROOMS. CORRECT? THAT IS WHAT'S PROPOSED IN THE DEEDED RESTRICTIONS THAT HAVE BEEN OFFERED.
AND THOSE, EXCUSE ME, THOSE DEEDED RESTRICTIONS ARE FOR THE MU ONE AND NOT THE CSS, IS THAT CORRECT? NOT THAT I'M AWARE OF.
UM, IT'S FOR, SO THE DEED RESTRICTIONS, YOU'RE, THAT WAS BEING SPOKEN OF ARE STRICTLY FOR THE CS, THE PROPOSED CSS FROM THE APPLICANT, CORRECT? TO MY UNDERSTANDING, YES.
OTHERWISE, I HOPE THE APPLICANT CAN, UM, FURTHER EXPAND UPON THAT.
SO JUST TO MAKE SURE THAT WE ARE ALL ON THE SAME PAGE, THAT, THAT THE DEEDED RESTRICTIONS THAT WERE SUBMITTED AND BY THE APPLICANT WAS FOR THEIR PROPOSED, UH, USE OF CSS, WHICH ALLOWS WAREHOUSING AND MORE, UM, LIBERAL USES THAN THE MU ONE, CORRECT? TO MY UNDERSTANDING, YES.
AND SO UNDER MU ONE, THERE ARE, THERE ARE NO RESTRICTIONS BEING REQUESTED BECAUSE THIS, THIS MU ONE IS WHAT THE STAFF IS RECOMMENDING IN LIEU OF THE CSS.
CORRECT? STAFF WOULD NEVER RECOMMEND ANY DEEDED RESTRICTIONS WE HAVE FOUND.
NO, I'M I'M SAYING THAT, THAT YOU, YOU'RE, YOU GUYS ARE RE THERE'S NO, THERE'S NOTHING, THERE IS NOTHING THAT THE M U ONE IS IS IT'S A TOTAL M U ONE, UH, UM, RECOMMENDATION BECAUSE THE, THE, WHAT THIS APPLICANT IS PROPOSING IS STRICTLY FOR THE CSS.
ANY OTHER QUESTIONS? COMMISSIONERS? COMMISSIONER WHEELER, PLEASE.
SO, SO IN THIS PARTICULAR CASE, ARE WE SUPPOSED TO BE LOOKING AT EITHER IF WE DENY THE CS THEN LOOKING AT THE MBU FOR APPROVAL OR HAS THE APPLICANT NOT APPLIED FOR THE MU THEY HAVE NOT APPLIED FOR IT, BUT STAFF DID NOTICE FOR IT TO GIVE YOU THE OPTION BECAUSE WE FIND IT TO BE MORE SUITABLE AND THE MU WOULD FIT MORE OF THE INDUSTRIAL ENVIRONMENT THAT'S IN THAT AREA.
NO, IT WOULD NOT FIT AN INDUSTRIAL ENVIRONMENT.
IT IS NOT INDUSTRIAL IN NATURE.
THERE THE, IT'S RESIDENTIAL AND THERE ARE LOTS OF NATURAL RESOURCES, SO VERY LOW DENSITY AND THERE IS A FLOODPLAIN RUNNING THROUGH THE PROPERTY, SO DEFINITELY NOT INDUSTRIAL.
SO WHAT WOULD THE ME WHAT WILL, CAN YOU GO BACK A SLIDE? 'CAUSE I THOUGHT YOU SAID SOMETHING ABOUT THE MU WOULD FIT INDUSTRIAL OR SOMETHING.
IS THERE ANY WAY YOU COME BACK TO THE SLIDE WHERE THE, THE LAST SLIDE THAT YOU PRESENTED? CERTAINLY, HUH? INDUSTRIAL.
YEAH, BUT IT WAS SOMETHING THAT SHE WROTE, DIDN'T IT? THAT I, THAT I LOOKED AT? I WOKE UP JUST SOMETIMES THIS IS THE LAST SLIDE.
SO THE AREA PLAN DOES NOT SUPPORT INDUSTRIAL, NOT ONLY RESIDENTIAL BASIS.
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THOSE ARE THE REASONS FOR DENIAL OF THE CSS DISTRICT.CAN, CAN YOU SHOW AGAIN WHAT THE MU WOULD SUPPORT THE MU ONE DISTRICT WOULD SUPPORT? SO HERE ON THE DEVELOPMENT STANDARDS, I HAVE THE LAND USES BASICALLY THE PRIMARY USES PERMITTED IN EACH DISTRICT.
ANY QUESTIONS ON THIS ITEM? COMMISSIONER SCHWAR? YES.
UM, IS, IS IT POSSIBLE TO REQUIRE SOME PORTION OF THIS LARGE, UM, PIECE OF LAND TO REMAIN UNDEVELOPED BECAUSE IT DOES HAVE SO MANY TREES? IS THAT SOMETHING THAT HAS BEEN DISCUSSED AT THIS TIME? A CONSERVATION EASTMAN HAS NOT BEEN OFFERED AND IT WOULD BE SOMETHING SEPARATE THAT'S DONE BY OTHER MEANS.
SO RIGHT NOW IT'S JUST A ZONE CHANGE THAT THEY'RE REQUESTING AND IT'S JUST A GENERAL ZONE CHANGE.
BUT YOU MENTIONED THAT THE FLOODPLAIN WILL RESTRICT DEVELOPMENT.
UH, BUT HOW I'M NOT, I'M UNCERTAIN.
IT DEPENDS ON HOW THEY PROCEED WITH APPLYING THROUGH THE FLOOD PANE REVIEW OFFICE TO SEE WHAT NEEDS TO BE DONE IN ORDER TO DEVELOP THE SITE.
AND A CONSERVATION EASEMENT WOULD COME.
CAN WE REQUIRE THEM TO, TO GET ONE OR HOW DOES THAT PROCESS WORK? I WILL ASK DANIEL TO PLEASE ASSIST WITH THAT QUESTION.
I'M SORRY, COMMISSIONER TREADWAY, YOUR QUESTION WAS HOW DO THEY GET WHAT PERMIT A CONSERVATION EASEMENT? SO I'M JUST INQUIRING WHAT WOULD THE PROCESS BE IF WE WANT TO ENSURE THAT PART OF THIS IS, IS, IS MAINTAINED AS GREEN SPACE? BECAUSE I THINK I HEARD COMMISSIONER BLAIR SAY THAT THERE IS A PLAN UNDERWAY AND, AND, AND THIS IS THIS, THIS LAND, ONE OF THE INTENTS MIGHT BE TO, TO PRESERVE IT AS GREEN SPACE.
SO HOW DOES THAT PROCESS WORK TO PRESERVE IT AS GREEN SPACE? GIMME ONE SECOND TO LOOK THAT UP.
UH, FOR DALLAS ON THE FUTURE LENSES MAP IS GONNA IDENTIFY THE PUBLICLY OWNED LAND THAT'S FOR GREEN SPACE, NOT ALL THE GREEN SPACE.
AND THIS IS PRIVATELY OR PRIVATE.
COMMISSIONER ANDERSON, YOU'LL, YOU'LL, UH, COME IN RIGHT AFTER DANIEL HAS A CLARIFICATION HERE.
OKAY, WHILE HE'S LOOKING THAT UP, UH, COMMISSIONER ANDERSON WILL TAKE YOUR QUESTION.
SO I'M WONDERING, UM, WHAT THE MAIN DEVELOPMENT GOALS ARE, UH, FOR THAT SITE, IN THAT AREA? AND, AND I'M, I'M ASKING BECAUSE I'M WONDERING IS THERE A WAY TO PROTECT THE GREEN SPACE, UM, BUT ALSO DEVELOP, UM, SO DEVELOP WITHIN THE TREES AS, AS OPPOSED TO, UM, RAISING THE TREES? BECAUSE I THINK THERE MAY BE SOME DEVELOPMENT GOALS THAT MIGHT WANNA MOVE THAT, THAT AREA IN THAT DIRECTION, BUT SO WHAT ARE THE MAIN DEVELOPMENT GOALS? AND THEN IS THERE A METHOD WHERE WE COULD PRESERVE TREES
[00:50:01]
AND, UM, DEVELOP? THOSE ARE GREAT QUESTIONS.AND THAT IS SOMETHING THAT I TALKED TO THE REPRESENTATIVE MR. COKER ABOUT EARLY ON WHEN I WAS DETERMINING TO MAKE THE MU ONE, UH, RECOMMENDATION INSTEAD IN LIEU OF THE CSS DISTRICT.
WE DID DISCUSS, SINCE THERE IS NO ACTUAL PLANNED DEVELOPMENT AT THIS TIME, THERE'S NO PROSPECTIVE BUYER.
THERE ARE ONLY INTERESTED PARTIES WHO ALL ARE SEEKING WAREHOUSE DEVELOPMENT, BUT AT THIS POINT IT'S STILL A SPECULATIVE PROCESS OF TRYING TO REZONE SO THAT IT'S PREPARED FOR DEVELOPMENT.
AND SO IN TALKING TO MR. COKER, WE TALKED ABOUT HOW THEY COULD INSTEAD USE THOSE NATURAL FEATURES AS AN ELEMENT THAT WAS AN OPPORTUNITY FOR DEVELOPMENT.
SO FRONT, YOU KNOW, ALONG THE NATURAL RESOURCES, MAKE IT AN ASSET TO ANY POTENTIAL DEVELOPMENT.
TRY TO PRESERVE AS MANY TREES AS POSSIBLE.
OF COURSE, ARTICLE 10 HAS SEVERAL PROVISIONS ABOUT PROTECTING ANY HISTORIC TREES, PRESERVING TREES, AND OF COURSE CONSERVATION.
SO ALL OF THAT WOULD BE ADDRESSED THROUGH THE BUILDING PERMIT STAGE ONCE IT IS REZONED OR EVEN NOW AS AN AGRICULTURAL DISTRICT.
BUT FIRST THEY HAVE TO GET REZONED SO THAT THEY CAN DEVELOP THE SITE.
WE AREN'T ACTUALLY WORKING ON PLANNING THE SITE, WE'RE NOT DESIGNING THE SITE AT THIS POINT.
IT'S JUST A REZONING AND IDENTIFYING WHAT DISTRICT AND WHAT FUTURE USES WOULD BE MOST APPROPRIATE.
SO THAT'S WHAT WE'VE DONE TODAY.
IS THERE A WAY TO, UM, REQUIRE, FOR INSTANCE, A THEY MAINTAIN A 70% TREE CANOPY AS OPPOSED TO LIKE A FLOOR AREA RATIO OR SOMETHING LIKE THAT? OR WOULD THAT BE OUT OF BOUNDS? THIS IS JUST A GENERAL ZONE CHANGE.
SO ANYTHING THAT WE ARE PROPOSING HAS TO FALL WITHIN THE BOUNDS OF THAT DISTRICT.
IF THE APPLICANT WANTS TO RESTRICT THEMSELVES FURTHER IN THEIR DEED RESTRICTIONS OFFERED, THEY CAN ADD ADDITIONAL LIMITATIONS SO THEY CAN, UM, DECREASE THE OVERALL BLOCK COVERAGE.
THEY CAN REDUCE THE DEVELOPMENT RIGHTS OF THE PROPOSED DISTRICT.
THEY CANNOT ADD ANYTHING THAT'S MORE THAT ENCUMBERS ANY ADDITIONAL PROVISIONS THAT ARE NOT REQUIRED IN OUR CODE THOUGH.
SO I WOULD LOOK TO OUR DEVELOPMENT CODE FIRST AND SEE WHAT OPTIONS THEY WOULD ALREADY FALL UNDER BEFORE TALKING ABOUT HOW TO REQUIRE CERTAIN ELEMENTS THROUGH THE GENERAL ZONE CHANGE.
UM, MY INTEREST WOULD BE, UM, TRYING TO DETERMINE HOW WE MIGHT BE ABLE TO INFLUENCE DEVELOPMENT IN THAT AREA THAT IS UNOBTRUSIVE OF THE NATURAL ENVIRONMENT, YET STILL BEING MORE CONDUCIVE FOR MOVING FORWARD IN THE DALLAS FORWARD KIND OF WAY.
UM, THANK YOU FOR THOSE GREAT COMMENTS.
THAT IS CLEAR TO ME AND I APPRECIATE, THANK YOU MR. CHAIR.
TO GO BACK TO YOUR QUESTION, COMMISSIONER TREADWAY, A CONSERVATION EASEMENT WOULD BE SOMETHING THAT WOULD BE DEDICATED ON A PLAT THAT THE APPLICANT WOULD HAVE TO VOLUNTARILY PROVIDE WHEN THEY COME TO GET THEIR PROPERTY.
PLATTED COMMISSIONER TREAD WRIGHT.
CAN WE REQUIRE THEM TO GET A CONSERVATION EASEMENT SORT SORT OF PIGGYBACKING ON, UH, SOME OF THESE OTHER QUESTIONS TO REQUIRE THAT, YOU KNOW, 50% OF THE LAND BE, YOU KNOW, HAVE A CONSERVATION EASEMENT.
I MEAN, IS THERE, IS THERE A REQUIREMENT THAT WE CAN SET AT THIS STAGE OR NO? NO, IT DOESN'T LOOK LIKE IT, IT LOOKS LIKE A CONSERVATION EASEMENT IS SOMETHING THAT THE APPLICANT, WHEN THEY ARE PLATTING COMES INVOLUNTARILY SAYS, HEY, I'D LIKE TO ADD A CONSERVATION EASEMENT TO CONSERVE SOME OF THE TREES AND OTHER NATURAL FEATURES ON THE PROPERTY.
BUT IT'S NOT SOMETHING THAT THE C P C CAN IMPOSE ON THE APPLICANT AT THIS TIME OR AT THE PLATTING STAGE.
AND SINCE PLATTING IS PRETTY MUCH MINISTERIAL, WE, WE CAN'T ASK THEM TO DO THAT IF THEY JUST COME IN FOR A PLAT REQUEST, CORRECT? THAT IS CORRECT.
SO THERE'S NO TOOL THAT WE HAVE IN OUR TOOLBOX TO ENCOURAGE APPLICANTS TO APPLY FOR A CONSERVATION
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EASEMENT.IT HAS TO BE COMPLETELY VOLUNTARY BY THEM.
I THINK IT'S LIKE, UH, JENNIFER SAID INTO, IN RESPONSE TO COMMISSIONER ANDERSON'S QUESTION, UM, AT THE APPLICANT CAN PROVIDE DEED RESTRICTIONS SAYING THEY WANT TO KEEP SOME OF THOSE TREES, BUT THERE'S, THIS IS JUST A GENERAL ZONING CHANGE.
SO, UH, I DON'T HAVE ANY MORE QUESTIONS.
THANK YOU COMMISSIONER TREADWAY ONE ONE QUICK FOLLOW UP, UH, MS. MUNOZ TO COMMISSIONER ANDERSON AND COMMISSIONER TREAD WAY'S, UH, KIND OF EXPLORATION.
UH, AS YOU KNOW, ARTICLE 10 PROVIDES DIFFERENT MECHANISMS TO MEET YOUR TREE MITIGATION AND ONE OF THEM IS TO MEET IT ON SITE, UH, WHERE, UH, THE, THE NUMBER OF TREES REMOVED AND, UH, THE INCHES OF CALIPER COULD BE MET BY SAVING SOME OF THESE TREES THAT WE'RE TALKING ABOUT HERE.
AND SO WHEN WE'RE TALKING ABOUT TOOLS, ALTHOUGH THIS IS A GENERAL ZONING CHANGE, THE APPLICANT COULD CHOOSE TO SAY THAT, UH, I'M GOING TO TRY TO MEET MY, UH, TREE MITIGATION ON SITE AND THEREFORE THROUGH DEEDED RESTRICTION, SET ASIDE A PIECE OF THE PROPERTY TO DO JUST THAT.
IS THAT POSSIBLE? I BELIEVE SO.
I THINK I'VE SEEN SOMETHING SIMILAR IN THE PAST.
HOWEVER, WHENEVER WE GET INTO CONSERVATION EASEMENTS, I'VE HAD ONE OTHER CASE IN THE PAST WHERE THEY WANTED TO DO IT THROUGH A PLAN DEVELOPMENT DISTRICT AND THAT WAS NOT A VIABLE OPTION FOR THE SAME REASON THAT WE DESCRIBED OR THAT DANIEL, UH, MENTIONED, IS THAT IT HAS TO BE SOMETHING THAT IS VOLUNTARY IN NATURE AND OFFERED AT THE PLATING PHASE.
BUT CHAIR SHE DID, IF THE APPLICANT WANTED TO DEEDED, RESTRICT TO PROTECT SOME TREES, THE APPLICANT IS MORE THAN ABLE TO DO THAT.
THIS, THAT IS JUST NOT SOMETHING THAT C P C CAN REQUIRE.
YES, IT'S ALL GONNA BE VOLUNTEERED.
THANK YOU FOR THE CLARIFICATION.
ANY OTHER QUESTIONS, COMMISSIONERS? OKAY, WE'LL KEEP MOVING.
STATING DISTRICT DATE? THIS IS GONNA BE Z 2 1 2 2 2 3 1 0 6.
WE CAN SKIP AHEAD TO THE SITE PLAN, AS I BELIEVE WE BRIEFED THIS.
THERE WAS JUST AN UPDATE, MINOR UPDATE TO THE SITE PLAN AND CONDITIONS.
SO THIS WAS THE SITE PLAN YOU SAW PREVIOUSLY.
WE SKIPPED ONE SLIDE OR TWO SLIDES AHEAD.
SO YOU, YOU CAN SEE THEY MADE A MINOR CHANGE, UM, ALONG THE CREEKWAY.
UM, THEIR SITE PLAN MOVES A COUPLE OF, UH, THE TRUCK PARKING SPACES, MOVES SOME OF THE PAVEMENT BACK, UH, TO A DEGREE.
AND COULD YOU HIT THE NEXT SLIDE? SEE IF THAT'S CONDITIONS.
WE CAN COME BACK TO THIS IF ANYONE NEEDS TO SEE IT CLOSER.
THEY ADDED A CONDITION FOR A 30 FOOT BUFFER WILL BE PROVIDED IN THE LOCATION SHOWN ON THE SITE PLAN.
UM, MY UNDERSTANDING IS THAT'S MEANT TO HAVE BUFFERING AND THE SA THE WET EASTERN BOUNDARY ALONG THE CREEK WAY, UM, WHERE THE USE WOULD, WOULD ABUT OR SORT OF SLOPE OFF INTO THE CREEK.
UM, STAFF RECOMMENDATION REMAINS AS IT IS.
QUESTIONS? OKAY, NO QUESTIONS.
LET'S GO TO CASE NUMBER SEVEN.
THIS WAS BRIEF BEFORE, BUT I KNOW THAT THERE ARE UPDATES.
ONE MR. PEPE, ONE QUESTION FOR YOU SIR.
UM, MR. PEPE, ONE OF THE REASONS WHY YOU, YOU MADE THE RECOMMENDATION OF DENIAL IS BECAUSE OF THE, UM, THE, UH, PROXIMITY TO THE CREEK, CORRECT? THAT'S CORRECT.
AND YOU'RE, ONE OF THE THINGS THAT YOU STATED ON THE, THAT THE, THE CREEK WAS THAT THE, THAT THE POSSIBLE RUNOFF WOULD, WOULD, UH, IF, IF I REMEMBER CORRECTLY, ONE OF THE REASONS WAS YOU STATED IN YOUR REPORT, WAS THAT ONE OF THE RE THAT, THAT
[01:00:01]
THE POSSIBLE RUNOFF COULD IMPEDE THE HEALTH OF THE, THE CREEK, CORRECT? THAT'S CORRECT.BUT WOULDN'T I JUST HAVE A A, A UNDERSTANDING I NEED A QUICK UNDERSTANDING WOULD NOT IN, UM, IN THE PERMITTING PROCESS, THE ENGINEERS WOULD LOOK AT THAT AND MAKE SURE THAT THE DESIGN STANDARDS THAT THE DEVELOPER WAS USING WOULD, WOULD NOT ALLOW FOR THAT TO HAPPEN.
IT'S NOT NECESSARILY ABOUT LOT TO LOT DRAINAGE.
IT'S ALSO ABOUT, UH, CONTAMINATION OF AN IN INDUSTRIAL USE WITH A MORE THAN LIKELY NOT, UH, PERVIOUS SURFACE.
UH, SO IT'S NOT NECESSARILY A LOT TO LOT DRAINAGE ISSUE THEY HAVE TO PROPERLY MITIGATE IN TERMS OF THAT.
BUT THERE'S CONTAMINATION AND, AND EROSION THAT MAY BE, UM, BECAUSE THE SITE, NOT JUST SITE TO SITE, BUT THE SITE INCLUDES A PORTION OF THE CREEK.
SO THAT SORT OF WEIGHS INTO THAT.
YES, ENGINEERING DOES REVIEW FOR, UH, DRAINAGE OVER THAT AMOUNT OF TIME, BUT CONTAMINATION IS, IS STILL A POSSIBILITY AND A CONCERN OF, OF OUR STAFF.
BUT THAT'S JUST A POSSIBILITY, NOT A PROBABILITY THAT IT WILL, IT'S JUST A POSSIBILITY THAT IT COULD CORRECT.
IT IS A LIKELY SCENARIO IN THE EVENTS OF DEVELOPMENT WITH INDUSTRIAL USES.
WE HAVE A NEW SITE PLAN ASSOCIATED WITH AN S U P THAT INCLUDES A DEGREE OF BUFFER, BUT WE ARE STILL CHANGING FROM A AGRICULTURAL ZONING RESIDENTIAL DISTRICT TO A COMMERCIAL DISTRICT.
AND THERE ARE STILL, UH, BY RIGHT USES THAT REMAIN, THAT ARE NOT BOUND TO THE SITE PLAN, NOT BOUND TO THE CONDITIONS.
UM, AND ANYTIME WE'RE DEALING WITH GENERAL ZONING CHANGES, NOTHING'S A GUARANTEE AS, AS WE KNOW.
UM, BUT EVERYTHING IS A PROBABILITY QUESTION AND THE PROBABILITY OF A, UM, OF AN INAPPROPRIATE SITE DESIGN IS NOT NECESSARILY CONTROLLED FOR, UM, JUST BY THE S U P IF THERE ARE BY ROUTE USES AS WELL.
SO THAT PLAYS INTO EVALUATION OF THIS SITE PLAN, THE AMENDED SITE PLAN AND, AND EVERYTHING ELSE.
BUT COULDN'T THAT NOT BE SAID BY ANY KIND OF ZONING CHANGE THAT WE OFFER THAT THERE IS A POSSIBILITY THAT THERE COULD BE SOMETHING NEGATIVELY IMPACTING THE ENVIRONMENT OR THE, THE COMMUNITY IN WHICH IT SITS? YES, CERTAINLY.
AND GENERAL ZONING CHANGES COME WITH UNCERTAINTY AS WE DISCUSSED MOMENTS AGO AS WELL.
UM, BUT IT'S WHAT'S THE MOST LIKELY SCENARIOS? WHAT ARE THE MEDIAN SCENARIOS? UM, WE, WE CAN NEVER TELL, BUT GENERAL ZONING CATEGORIES ARE, ARE A MIX OF, OF OUTCOMES.
UM, AND SO OBVIOUSLY THERE'S POTENTIAL HARM IN MANY REQUESTS, UH, BUT STAFF EVALUATED IS, UH, MORE LIKELY TO HAVE, UH, ADVERSE IMPACTS THAN, THAN ESPECIALLY THEIR EXISTING ZONING.
BUT WOULDN'T THAT NOT BE SOMETHING THAT THE ENGINEERS WOULD MAKE THE, THE DETERMINATION AT A LATER TIME IN THE PROCESS? ENGINEERING WILL DO DRAINAGE REVIEW, BUT THEY'RE, WE'RE NOT GOING TO HAVE THE SAME, UH, LISTEN, WE'RE NOT, WE'RE NOT GOING TO BE ABLE TO PREDICT ANYTHING IN REGARDS TO OTHER USES THAT ARE PERMITTED BY WRIGHT AND CS OR, OR OTHER THINGS LIKE THAT.
BUT DIDN'T THE APPLICANT, UH, OFFER UP DEED RESTRICTIONS TO LIMIT THE USES SO THAT THIS IS NOT A TRUE UNFILTERED CSS ZONING? ONE OF THE USES THAT THEY'RE PROPOSING IS A BUYRIGHT CSS USE THE VEHICLE VEHICLE COMMERCIAL PARKING ENGINE REPAIR MAINTENANCE.
YOU DON'T REALLY HAVE A MEANS TO SAY, WELL, THIS CAN OR CAN'T HAS LIMITS ON IT OR CERTAIN LIMITS ON IT.
UM, AND AT THE SAME RATE APPROVING A COMMERCIAL DISTRICT WITH ALL BUT THREE, TWO OR THREE USES TAKEN OUT IS NOT GOOD LAND USE PLANNING.
IT'S NOT, IT'S NOT PLANNING AT ALL.
IT'S, IT'S, IT'S CHOOSING A PARTICULAR SITE FOR USE.
I THINK WE CAN CAN YOU PUT YOUR, YOUR SLIDE BACK UP SO YOU CAN SEE THE LAYOUT OF, UH, DO YOU HAVE THAT IF YOU COULD, UH, GEORGE AND THE SITE PLAN? YEAH, THE SITE PLAN.
AND IN THAT SITE PLAN, THE, THE, THE THE, WHAT YOU'RE SPEAKING OF IS ON THE WEST SIDE OF THE DEVELOPMENT, NOT ON THE CREEK SIDE.
UM, THEY ADDED A PROVISION FOR A 30 FOOT BUFFER ASSOCIATED WITH THE S U P.
I ASKED IS NOT THE, THE ENGINE REPAIR ON THE WEST SIDE
[01:05:01]
OF THE DEVELOPMENT, WHICH IS NOT ON THE CREEK SIDE.THE CREEK SIDE WOULD BE THE SOUTH AND THE EAST BECAUSE IT'S A BY RIGHT USE, IT'S NOT ACTUALLY TIED TO THE SITE PLAN THAT USE THE COMMERCIAL MOTOR VEHICLE PARKING IS, IS TIED AND CONTROLLED BY AN SS U P SITE PLAN.
BUT VEHICLE ENGINE REPAIR MAINTENANCE IN A DIFFERENT SCENARIO IN THIS SCENARIO IS NOT LIMITED TO THE, UM, IS NOT LIMITED TO THE SITE PLAN.
SO ARE YOU SAYING THAT THIS PARTICULAR SITE, THIS PARTICULAR SITE AND THE LAYOUT IS SOMETHING WE SHOULD NOT EVEN CONSIDER BECAUSE THIS IS JUST A GENERAL ZONING? IT'S, IT'S, IT'S A MULTI, UH, AS YOU KNOW, MULTI-PART REVIEW.
WE, WE CAN, WE CAN HAVE, UM, AN EXPECTATION OF CERTAINTY SHOULD THEY DEVELOP THESE SITE PLAN.
THE SITE PLAN IS REGULATORY FOR THE COMMERCIAL MOTOR VEHICLE USE, BUT WE ARE PROVING ONE, A GENERAL ZONING CHANGE AND TWO, AN SS E P AS YOU KNOW, THERE'S MULTI-PART SO THEY COULD SCRAP NOTHING HOLDS THEM, SAYS I NEED TO DO AN S E P WHEN I GET AN S U P AND A GENERAL ZONING CHANGE ON A PROPERTY, NOTHING SAYS I MUST DEVELOP MY SS U P USE.
AND I'M NOT SAYING I DON'T TRUST 'EM OR THAT THEY ARE, UM, YOU KNOW, THAT THEY'RE LYING TO YOU OR ANYTHING LIKE THAT.
I'M STATING A FACT BECAUSE WE'RE TRYING TO MAKE PLANS FOR DISTRICTS AND PROPERTIES OVER SEVERAL YEARS, OVER SEVERAL DECADES POTENTIALLY.
SO, SO IN LOOKING AT THIS SITE PLAN AND JUST HEAR WHAT I'M SAYING, THE WAY THAT THIS SITE PLAN IS LAID OUT THAT THEY, NOT ONLY IS THERE A 30 FOOT BUFFER BEING OFFERED BY THE APPLICANT ALONG THE CREEK, BUT THERE IS NOT ANY E COMMERCIAL VEHICLE PARKING ON THE SOUTH SIDE AND THERE AND, AND ON THE, OH, WHAT IS THAT? IS THAT THE EAST SIDE? YEAH, THERE NOT, NOT ONLY IS THE 30 FOOT BUFFER, BUT THERE IS A DRIVE PATH THAT WOULD ALSO BUFFER THE PARKING OF ANY COMMERCIAL VEHICLES ALONG THE CREEKSIDE.
THAT IS TRUE OF THE COMMERCIAL MOTOR VEHICLE PARKING USE.
AND ON THE WEST SIDE, THERE IS NO CREEK AT ALL.
THAT'S A RESIDENTIAL ADJACENCY ON THE WEST.
UM, LET, LET'S, LET'S JUST CHANGE THE, THE QUESTIONING FOR A MINUTE.
FOR WHAT IS THIS PARTICULAR AREA? YOU, IN YOUR REPORT YOU SAID THAT IT'S TRANSITIONAL AND YOU NEED, AND YOU WERE LOOKING FOR WALKABILITY.
IS THAT NOT CORRECT? I DON'T REMEMBER.
I DON'T BELIEVE I MENTIONED WALKABILITY NECESSARILY.
UM, 'CAUSE I THINK IT'S A, THAT WOULD BE, LET ME GO TO IT.
I THINK IT'D BE A DIFFICULT, UM, UNDERTAKING TO A DEGREE WE'RE NOT GOING TO, TO FOOL OURSELVES IN THAT REGARD.
UM, BUT I DO THINK THAT, UM, COMMERCIAL HEAVY COMMERCIAL USES IN PROXIMITY TO RESIDENTIAL, UH, COULD IMPACT THAT I DO IT IS PART OF THE, UM, COMPREHENSIVE PLAN WHICH APPLIES TO THE ENTIRE CITY.
SO I DID LIST THAT AS A GOAL THERE.
UM, AND I THINK THAT'S NOT NECESSARILY SAYING THERE'S GONNA BE A DENSITY OR, OR WALKABILITY HERE, UM, BUT IN, IN A TRADITIONAL SENSE.
BUT IF THERE IS GOING TO BE ANY AMOUNT OF HOMES NEARBY, UM, WHICH THE AREA SURROUNDING IS OWN RESIDENTIAL, UM, COULD HAVE AN IMPACT ON, ON ANY POSSIBILITY FOR THAT.
BUT ISN'T THIS, ISN'T THIS ONE OF THE THINGS YOU SAID IN YOUR, YOUR SITE IN YOUR REPORT WAS THIS IS, UH, AREA THAT'S IN TRANSITION AND ISN'T NOT, IT ISN'T NOT THE TRANSITION NOT TOWARDS RESIDENTIAL, BUT TOWARDS HEAVY INDUSTRIAL AND COMMERCIAL SINCE THIS IS, UM, ALONG THE SAME PATHWAY AS ALL KINDS OF WAREHOUSING IN PD 7 61, WHICH IS THE INTERNATIONAL INLAND PORT OF DALLAS, CORRECT? I DON'T, I DON'T REMEMBER MENTIONING THAT.
I WOULD CALL IT IN TRANSITION.
I THINK THAT THERE IS TRANSITION IN THE BROADER AREA.
WE'RE TALKING MILES, UH, I ACKNOWLEDGE PD, UH, THE INDUSTRIAL PD 7 61,
[01:10:01]
PD 7 61 IS JUST INLAND PORT.YES, I, I MEAN I ACKNOWLEDGE THAT THIS IS, THAT'S A WIDER AREA IN, IN OUR ASSESSMENT THAT THIS BLOCK, UM, IS MAINTAINING A DEGREE, THE SOUTH SIDE OF THE BLOCK FOR A GOOD DISTANCE.
WE'RE TALKING A THIRD OF A MILE ON EITHER SIDE IS MAINTAINING AND ISN'T NECESSARILY IN TRANSITION.
SO I WOULDN'T, I WOULDN'T MAKE THAT ARGUMENT THAT THIS BLOCK IS IN TRANSITION.
IT'S REMAINED AGRICULTURAL IN LINE WITH ITS ZONING BUT ISN'T RIGHT ACROSS THE STREET A A MAJOR WAREHOUSE THAT JUST HAS RECENTLY BEEN BUILT WITHIN THE LAST TWO YEARS, THREE YEARS.
AND THEN WHEN YOU LOOK DOWN ON THE WEST SIDE, ISN'T THE, UH, KROGER DISTRIBUTION CENTER ON THE SAME STREET, UM, THAT HAS BEEN BUILT WITHIN THE LAST FIVE YEARS AND DIDN'T WE, THIS BODY IN THE LAST YEAR, UM, WORKING WITH MR. BALDWIN, WE DID A DEVELOPMENT RIGHT ACROSS THE STREET RIGHT THERE AT TRAVIS TRAIL AND ON THE NORTH, ON THE NORTH SIDE OF TELEPHONE ROAD, A UM, WAREHOUSE RIGHT NEXT TO A, UM, RESIDENTIAL USE.
AND WE APPROVE THAT AS WELL, CORRECT? YES.
AND, AND WE'RE AWARE OF THOSE CHANGES.
I'M NOT GOING TO SAY THAT, THAT THEY AREN'T THERE.
SO I'M GONNA PULL UP, UM, THE LAST SLIDE, BUT NOTHING PAST THE LAST SLIDE.
I MIGHT HAVE THE SLIDE HIDDEN IN MY POCKET.
UH, IF YOU GO ON THE AERIAL MAP, I, I DO WANNA SAY THAT I RECOGNIZE THOSE.
THIS IS, UM, BECAUSE IT IS AGRICULTURAL TO A DEGREE IN NATURE, LOTS ARE BIG, THE DISTANCES ARE FARTHER THAN THEY MAY LOOK ON A MAP.
SO WE DO EVALUATE THAT WHILE CHANGES HAVE HAPPENED TO THE EAST TO THE NORTH TELEPHONE ROAD, VERY WIDE STREET FORMS A PRETTY, PRETTY SOLID DISTANCE BETWEEN THOSE USES UP THERE AND, AND DOWN HERE.
UM, WE'RE LOOKING AT A STRETCH OF TWO MILES, UM, END TO END ON THIS PHOTO.
IT'S THINGS ARE, ARE QUITE SPREAD OUT HERE, BUT IS ISN'T THE BUT OKAY.
IN THE, THE RESIDENTIAL OR THE RESIDENTIAL LIFE USE THAT'S RIGHT NEXT DOOR.
IN YOUR LAST REPORTING YOU SAID THAT IT DIDN'T EVEN HAVE A CO FOR WHAT IT, THE USE IT'S, IT'S, IT'S NOT JUST RESIDENTIAL, BUT IT'S A HORSE PARK OR SOMETHING THAT DOESN'T EVEN HAVE A CO SO THAT, IS IT NOT THAT THE RESIDENT OR ARE YOU AWARE THAT, UM, MOST OF THE RESIDENTIAL USES ARE ILLEGAL IN NATURE FOR, BECAUSE THEY DON'T, THEY'RE NOT ONLY JUST RESIDENTIAL, BUT THEY'RE INDUSTRIAL LIKE USES AS WELL AS FAR AS PARKING VEHICLES AND TRUCKS AND EVERYTHING ELSE? WHAT I WOULD SAY, AND YOU CAN TELL FROM, FROM THIS IMAGE, OUR PROPERTY UNDEVELOPED AGRICULTURAL, AGRICULTURAL PROPERTIES TO THE WEST THAT ARE, I WOULD NOT CATEGORIZE A LONG TELEPHONE THAT ARE ON THE SOUTH SIDE THAT ARE NOT, UM, IN MY ASSESSMENT, UM, BREACHING THE BOUNDS OF AGRICULTURAL ZONING AS YOU GO SOUTHWEST TO THE EAST, AGRICULTURAL ZONING SHOULD BE LIMITED TO AGRICULTURAL OR RESIDENTIAL USES.
UM, AND BECAUSE THAT IS NOT A PERMITTED TO USE, WHATEVER ACTIVITY IS OCCURRING ON THE SITE, DIDN'T NECESSARILY PLAY INTO OUR JUDGMENT THAT OH, THIS, THIS AREA IS, IS COMMERCIAL.
UH, BECAUSE THE USE OF THE RIGHT IS THE EAST IS, UM, WELL I JUST A LITTLE COMMERCIAL IN NATURE, ALTHOUGH, BUT IT'S STILL ZONED AGRICULTURAL, BUT IT DIDN'T PLAY INTO OUR ASSESSMENT BECAUSE I, I'M JUST GONNA ASK A MORE OF LACK OF CO SORRY, I I'M JUST GONNA ASK ONE MORE QUESTION.
AND THEN I'M GONNA LEAVE, I'M GONNA LET ANYONE ELSE ASK ANYTHING.
IF THIS IS WHERE THE CITY OF DALLAS HAS DESIGNATED INDUSTRIAL USES AND WAREHOUSING, WOULD IT NOT BE BETTER TO UTILIZE THAT SERVICE HERE THAN ALONG RESIDENTIAL USES THAT ARE IN THE MAJOR PART OF THE CITY WHERE WE NEED, WE NEED HOUSING? THANK YOU.
YOUR, YOUR QUESTION, YOUR, YOUR QUESTION MAKES, MAKES TOTAL SENSE TO ME, AND I CONCUR.
IT MAY BE A DIFFERENCE IN HOW WE'RE ASSESSING AND APPLYING THAT PRINCIPLE.
UM, AS A PLANNER BROADLY, UM, I FIND THAT WE SHOULD HAVE DISTINCT AREAS OF DEVELOPMENT, DISTINCT AREAS OF AGRICULTURE AND DISTINCT AREAS OF, UM, OPEN SPACE OR NATURE.
[01:15:01]
IT'S LESS BENEFICIAL TO THE CITY, TO ECOLOGY, TO, TO HAVE LEAPFROGGING, THINGS LIKE THAT.AND AS SUCH, WE ASSESSED THIS PART OF OUR BLOCK AS A SIGNIFICANT COLLECTION OF OPEN SLICE, AS A SIGNIFICANT COLLECTION OF AG AGRICULTURAL USE.
UM, EATING UP ADDITIONAL INDUSTRIAL LAND, UH, WHERE IT'S INAPPROPRIATE IS BAD.
AND, UM, FINDING APPROPRIATE SPACES FOR INDUSTRIAL IS IMPORTANT.
UH, WHERE, AND, AND I WOULD JUST ADD THAT FINDING SPACE FOR INDUSTRIAL IS IMPORTANT, WHERE THERE'S AN ESTABLISHED PATTERN AND, AND WE EVALUATE.
UM, BUT THERE ARE PLACES WHERE IT SHOULD BE FILLED IN AND PLACES WHERE IT'S, WE EVALUATED AS A SIGNIFICANT OPEN SPACE THAT SHOULD REMAIN OR AGRICULTURAL SPACE.
ANY OTHER QUESTIONS? COMMISSIONERS ON THIS ITEM, IT'S 10, NO QUESTION.
AND THEN COMMISSIONER ANDERSON ISN'T ONE OF THE, ABOUT RIGHT? UH, DID YOU SAY THAT ONE OF THE ABOUT RIGHT, UH, USES IS A COMMERCIAL, UM, MOTOR VEHICLE REPAIR, OR IS THAT BY S U P? SO THE SS U P USE IS COMMERCIAL MOTOR VEHICLE PARKING.
THAT ONE REQUIRES AN SS U P IN THE COMMERCIAL SERVICE DISTRICT, WHEN LOCATED WITHIN 500 FEET OF A RESIDENTIAL DISTRICT.
THIS ONE IS LOCATED NEAR RESIDENTIAL.
IT'S SURROUNDED BY RESIDENTIAL ZONING IN THIS CASE.
THE OTHER USES THAT NEED TO BE MAINTAINED THAT ARE CSS USES OUR VEHICLE ENGINE, VEHICLE OR ENGINE REPAIR AND MAINTENANCE, WHICH I UNDERSTAND GENERALLY APPLIES TO GENERAL VEHICLES, NOT COMMERCIAL MOTOR VEHICLES.
UH, BUT BECAUSE THEY'D ALSO BE FIXING TRUCKS THAT USE IS MACHINE MACHINERY, HEAVY EQUIPMENT, OR TRUCK SALES AND SERVICE, WHICH IS A, IT'S A BY RIGHT USE IN CS.
SO IF THEY ARE, IF THOSE ARE A BY RIGHT USE, WOULDN'T WE, WOULDN'T WE BE IN FEAR OF POLLUTION OR FROM THAT ALSO THE BY RIGHT USES.
COULD YOU REPEAT THAT REAL QUICK? SO IF THE COMMERCIAL, IF THE COMMERCIAL REPAIR, UH, OR THE, OR REPAIRS OF ANY SORTS OF VEHICLES IS RIGHT BY A CREEK THAT THEY CAN GET BY, RIGHT.
WOULDN'T WE BE JUST AS CONCERNED IF THE BY RIGHT USE AND, AND 'CAUSE IT WOULD ACTUALLY, THE BY RIGHT USES WOULD ACTUALLY BE MORE, UH, UH, POLLUTANT THAN WHAT THEY'RE ASKING BECAUSE THEY WILL BE CHANGING OIL.
THEY COULD BE, UM, TRANSMISSION FLUID, ANY OF THOSE THINGS THAT CAN LEAK INTO, LEAKING INTO THE, UH, CREEK.
WHEREAS THE COMMERCIAL PARKING, THERE'S PROBABLY A LESSER CHANCE.
THERE'S CONCERN ABOUT BYRON USES LIKE HEAVY ENGINE, HEAVY.
MACHINERY, HEAVY EQUIPMENT OR TRUCK SALES OF SERVICE.
THAT IS NOT ALLOWED BY WRIGHT AT THIS TIME.
WE'RE PROVING A TWO PART REQUEST.
WE'RE TALKING ABOUT AGRICULTURAL ZONING, RESIDENTIAL DISTRICT TO CSS, AND THAT'S HOW THEY GET THAT MACHINERY HEAVY, YADA YADA BY WRIGHT.
UM, SO, SO CURRENTLY THE ZONING DOESN'T ALLOW IT BY, RIGHT.
THEY HAVE AGRICULTURAL ZONING CONCURRENTLY.
CURRENT ZONING IS AGRICULTURE ALLOWS RESIDENTIAL CROP PRODUCTION AND ANIMAL PRODUCTION.
SO, SO, BUT WE ARE, BUT THAT'S WHAT THE CAUTION, I WAS CAUTIONING EARLIER
IN SS U P FOR COMMERCIAL MOTOR VEHICLE PARKING.
BUT WE'RE ALSO PRO APPROVING A GENERAL ZONING CHANGE THAT HAS A FEW USES THAT THEY NEED THAT ARE VERY INTENSE AND THEY ARE BY RIGHT.
AND THEY'RE NOT HELD TO SITE PLAN IN THE SAME WAY.
SO WE CAN'T REALLY SEE, 'CAUSE THE INTERNET IS DOWN.
UM, 'CAUSE I WOULDN'T ASK YOU THIS NEXT QUESTION.
APPROXIMATELY HOW MANY HOMES ARE ADJACENT TO THIS SITE? WE TALKED ABOUT THAT LAST TIME, BUT ACROSS TELEPHONE, THERE ARE FOUR OR FIVE HOMES IN A LITTLE POCKET SUBDIVISION, UH, IN THE AG ZONING, WHICH IS A RESIDENTIAL DISTRICT.
AND THEN ALONG THE STREET, THEY'RE LARGEST STATE HOMES, UM, ON TELEPHONE.
UM, SOME OF THEM DOING, YOU KNOW, SORT OF LIGHT HORSE RAISING, WHAT HAVE YOU, UH, SOME OF THEM ARE JUST SINGLE FAMILY, BUT THAT'S BY ALL MEANS A TYPICAL USE OF AG ZONING.
SO, SO THIS IS WHERE, RIGHT WHERE WE MEET INDUSTRIAL MEETS RESIDENTIAL AND, AND IT'S A HARD DECISION EVEN THOUGH THAT, THAT PART OF THE CITY HAS BEEN ZONED FOR, UM, HAS BEEN ZONED AS THE PORT OR SUCH.
UM, IT'S THAT, OKAY, I GET IT.
THE, YEAH, THE SOUTH SIDE OF STREET HAS STILL HAS MOSTLY AG ZONING FOR THIRD OF A MILE, EITHER WAY FROM THIS SITE.
THAT'S WHY WE, WE, UH, IDENTIFIED AS A SIGNIFICANT
[01:20:01]
COLLECTION OF AG ZONING.BY NO MEANS CAN YOU SAY THERE'S NOT INDUSTRIAL ZONING TO THE EAST, BUT THIS IS A RURAL AREA.
THE MAPS ARE A LITTLE DECEPTIVE AS TO WHAT DISTANCES AND THE WAREHOUSE.
THE WAREHOUSE IS NOT, NOT A GREAT, UM, TOOL FOR SCALE BECAUSE IT IS, IT IS VERY LARGE.
UM, BUT AGAIN, NORTH SIDE OF THE STREET ASSESS DIFFERENTLY THAN SOUTH SIDE OF THE STREET.
BUT THESE, THESE LOTS ARE QUITE BIG.
AND SO DO YOU KNOW IF THERE WAS ANY COMMUNITY ENGAGEMENT WITH THIS? BECAUSE YOU, WHAT YOU DO KNOW IS I'M OFTEN, UM, A CRITIC WHEN IT COMES TO IN RESIDENTIAL, MOVING INTO INDUSTRIAL AND ALSO THE OPPOSITE SIDE.
UM, BUT WERE THERE ANY COMMUNITY ENGAGEMENT? 'CAUSE THIS WOULD BE ONE OF THOSE CASES THAT WOULD CAUSE FOR COMMUNITY ENGAGEMENT OF SORT.
I, I DON'T, I DON'T KNOW OF ANY, UH, SPECIFIC COMMUNITY ENGAGEMENT.
WE SENT, WE SENT LETTERS TO PROPERTY OWNERS WITHIN 400 FEET.
WE RECEIVED A COUPLE REPLIES IN OPPOSITION, BUT I DON'T KNOW OF ANY OTHER, UM, COMMUNITY ENGAGEMENT BEYOND THAT.
UH, APPLICANT MAY BE ABLE TO ANSWER THAT.
SO I, 'CAUSE I, WHAT I DO KNOW IS THAT WE'VE HAD A CASE THAT IT WAS PRIOR TO ME AND IT WAS, BUT I REMEMBER THAT A CASE IN THE SAME AREA THAT WE WERE, THAT IT WAS DENIAL FOR SOME OF THE SAME FACTORS.
IF, IF THERE'S A COLLECTION OF HOMES FURTHER EAST, THEY, BASED ON THE MAP WOULDN'T BE IN THE, WOULDN'T BE IN THE LETTER NOTIFICATION DISTANCE, BUT THERE'S CERTAINLY, UH, VALID TO, UH, TO BE, UH, ENGAGED TO COMMISSIONER ANDERSON.
UM, SO THESE QUESTIONS REVOLVE AROUND THE BUFFER THAT IS PLANNED AROUND THE CREEK.
UM, WHAT, WHAT DEFINITION OF BUFFER ARE, ARE WE CONSIDERING IN THAT AREA? IS IT JUST FLAT, PLAIN, OR IS IT BIOSWELLS AND, AND LANDSCAPING? SO WHAT'S THE DEFINITION OF BUFFER? THAT, THAT'S A GOOD QUESTION.
THE CONDITION AS PROPOSED BY THE APPLICANT DOESN'T SPECIFY WHAT THE NATURE OF THE BUFFER IS AT THIS TIME.
THEY COULD OFFER FURTHER CLARIFICATION FOR EASE AND PERMITTING, BUT THEY DID NOT, UM, SPECIFY IT'S, IT JUST SAYS BUFFER.
SO WE DIDN'T, UH, SUPPORT THAT CHANGE NECESS NECESSARILY.
BUT, UM, IT IS, IT IS UNCLEAR TO A DEGREE.
WELL, IN PROTECTING THE WATERSHED.
UM, ARE THERE ANY REQUIREMENTS FOR BUFFERS, UM, IN THE WATERSHED PLAN THAT YOU'RE AWARE OF? THEY HAVE TO DO THE, THE TYPICAL, UM, IMPROVEMENTS WHEN THEY'RE WORKING AROUND A FLOODPLAIN TO KEEP FLOODPLAIN OFF OF THE DEVELOPED PART OF THE PROPERTY, KEEP FLOODPLAIN AT THE FLOODPLAIN.
BUT I, I DON'T KNOW BEYOND THAT, UM, THAT IS AN ENGINEERING DECISION LATER ON.
THE 30 FOOT BUFFER IS NOT LIKELY GOING TO BE READ BY THE ENGINEERING STAFF.
IT'S GOING TO BE READ BY THE ZONING STAFF.
UM, AND THEN THEY WILL INTERPRET BUFFER HOWEVER THEY CHOOSE.
COULD WE REQUIRE, UM, BIOSWELLS AND THINGS THAT PROTECT THE WATERSHED WHERE IT'S ADJACENT TO CREEKS AND ALSO, UM, ADJACENT USES SO THAT, YOU KNOW, WE CREATE BOTH A, A BEAUTIFICATION BUFFER AND A PROTECTIVE BUFFER FOR THE, FOR THAT WATERSHED LANGUAGE THAT ADDRESSES A NATURAL BUFFER OR A PERMEABLE BUFFER OR SOMETHING TO THAT DEGREE COULD BE ADDED INTO THE S U P LANGUAGE TO FURTHER CLARIFY.
BUT I WILL STATE THAT THAT'S ONLY GOING TO APPLY TO THE S U P USE OF COMMERCIAL MOTOR VEHICLE PARKING, NOT THE GENERAL ZONING USES AS WE DISCUSSED PREVIOUSLY.
YEAH, I THINK THAT WOULD BE APPROPRIATE IN TRYING TO PROTECT ANY KIND OF CONTAMINANTS FROM, FROM GETTING INTO THAT, THAT CREEK.
UM, AND IF THAT WERE TO HAPPEN.
SO, UM, AND ALSO LASTLY, DOES ARTICLE 10 APPLY AND IS THERE ANYTHING WE CAN INFLUENCE THROUGH ARTICLE 10 ON THIS ZONE OF CHANGE? ARTICLE 10 WILL APPLY FOR ANY OF THE USES DEVELOPED ON THE SITE.
I DON'T, I DON'T KNOW OF ALL OF THE, I DON'T BELIEVE THAT REGULATES INTERACTION WITH FLOODPLAIN NECESSARILY, OR CREEKS.
UH, BUT THE STANDARD REQUIREMENTS FOR SITE TREES, UM, RESIDENTIAL BUFFERS, THOSE ARE BUILT INTO ARTICLE 10 AND ARE REQUIRED BY ANY KIND OF USE, BUT THEY MAY NOT BE THE KIND OF CREEK PROTECTION YOU'RE LOOKING FOR
[01:25:01]
IN, IN YOUR LINE OF QUESTIONING.THANK YOU VERY MUCH, MR. PEPE.
UH, COMMISSIONERS CASE NUMBER SEVEN HAS BEEN BRIEFED BEFORE, BUT I KNOW WE DO HAVE UPDATES.
COULD YOU SHARE, UH, 2, 2 3, 1, 7, 9, AND THEN YOU CAN GO TO SLIDE SEVEN.
SO THE HISTORY I FOUND ABOUT THE AREA OF REQUEST, UM, WAS THAT ON MAY 27TH, 1971, CITY PLAN COMMISSION RECOMMENDED INDUSTRIAL ONE DISTRICT FOR THE TRACK SEVEN, WHERE THE AREA OF REQUEST IS AT.
UM, AND THEY ALSO RECOMMENDED TO FAMILY TWO, DISTRICT FOUR, TRACK EIGHT, WHICH IS THE SOUTH PORTION OF THE AREA OF REQUEST.
UM, LET ME JUST, SO C P C DID QUESTION WHY STAFF, UH, RECOMMENDED TO F TWO AND NOT I ONE, UH, TO THE SOUTH.
UH, STAFF, UH, MENTIONED, UM, THEY DID NOT WANT TO EXTEND INDUSTRIAL TO THE SOUTH POSSIBILITY OF STRIP ZONING TO THE WEST.
REASON FOR RESIDENTIAL ZONING TO THE WEST, UM, IS BECAUSE IT IS, UM, IN, IT IS NOT GOOD FOR INDUSTRIAL ZONING.
AND THE MAIN REASON THEY RECOMMENDED INDUSTRIAL ONE ON TRACK SEVEN, UH, WAS THAT THERE WERE PROPERTIES ALREADY DEVELOPED WITH, FOR INDUSTRIAL, AND TRACK EIGHT PROVIDES A BUFFER ZONE BETWEEN TRACK SEVEN AND THE UNDEVELOPED LAND, UH, SOUTH OF THE CITY LIMIT LINE.
UM, THEY ALSO, IT WAS MOSTLY UNDEVELOPED LAND WHERE CONCENTRATIONS OF RESIDENTIAL, SEVERAL INDUSTRIAL, COMMERCIAL AND RETAIL USES ALONG LEADBETTER, SOME INDU, SOME INDUSTRIAL USES WERE BATCHING, UH, PLANTS, WAREHOUSES, RODEO RINGS, UH, PICKING PLANT AND CONSTRUCTORS STORAGE, NUMEROUS, UM, HOUSE TRAILERS AND SEVERAL TRAILER PARTS AS WELL AS INDUSTRIAL LOTS.
UM, SO THE AREA THAT ALL THAT AREA OF REQUESTS WAS ANNEXED, UM, IN DECEMBER, 1968.
UM, YOU CAN GO TO THE SECOND, THE SLIDE EIGHT.
UM, SESSA MENTIONED THE WHOLE ENTIRE AREA WAS ANNEX, UM, IN DECEMBER, 1968.
UM, AND THEY WERE USUALLY, IT WAS MOSTLY AGRICULTURE.
AND THEN IN 1971 IS WHEN A CITY RECOMMENDED, UM, THE USES.
AND THEN ON MARCH 6TH, 1972, CITY COUNCIL DID PASS THE ORDINANCE TO REZONE THE NINE TRACKS AND WITH THE RECOMMENDATION OF INJUSTICE FOR TRACK SEVEN.
AND, UM, TH THREE FOR, UH, THE SOUTHEASTERN PORTION, WHICH IS, UM, TRACK NINE.
THANK YOU VERY MUCH FOR THE UPDATE QUESTIONS.
COMMISSIONERS, WE, WE CAN, WE CAN PONDER THE WISDOM OF OUR OWN DECISIONS 50 YEARS FROM NOW.
UH, THANK YOU, LILIANA, FOR, UM, DOING THE RESEARCH.
I KNOW YOU HAD TO DIG, UH, PRETTY DEEP INTO SOME PRETTY DUSTY FILES AND MAPS, SO THANK YOU FOR THAT.
UM, THERE WAS SOME COMMUNITY ENGAGEMENT ON THIS CASE.
WERE YOU AWARE OF THAT? NO, I WAS NOT AWARE.
I THINK THE HISTORY WAS BOUGHT UP BY SOME OF THE, THE RESIDENTS, UM, AND KIND OF CONFIRMS EXACTLY WHAT YOU SAID.
UM, I SAW SOME OF THE DOCUMENTS AS WELL.
DID YOU NOTICE THAT THEY, YOU MENTIONED THAT THEY WERE, UM, AS A BUFFER, BUT DID YOU NOTICE THAT THEY USED SPECIFIC LANGUAGE THAT SAID, UM, TO PREVENT INDUSTRIAL CREEP INTO THE RESIDENTIAL AREAS? YES.
AND THEN AS WELL, THEY DID MENTION, UM, THE REASON WHY THEY ALSO BUFFERED IS BECAUSE THAT WAS THE CITY LIMIT AND THEY DIDN'T KNOW WHAT THE UN, THE SOUTH END PORTION, WHICH WAS WITH, WITH NOT IN THE CITY LIMIT, WAS STILL UNDEVELOPED, SO THEY DIDN'T WANT IT TO GO THROUGH.
[01:30:01]
YES, THANK YOU, MR. CHAIR.UM, ON PAGE SEVEN 13 OF OUR REPORT WHERE THERE'S THE AERIAL MAP ON THE AERIAL PHOTOGRAPH, UM, THE LAND USE PATTERN, THE DEVELOPMENT PATTERN DOES, IS NOT REFLECTIVE OF THE ZONING BY ANY STRETCH OF THE IMAGINATION.
IN OTHER WORDS, THE TH LAND HAS TRUCKS AND INDUSTRIAL USE ON IT, JUST LIKE THE IR LAND.
UM, AND, AND CAN YOU PERHAPS ENLIGHTEN US ON WHY THAT MIGHT BE, OR WHAT ARE THESE USES NON-CONFORMING? ARE THEY ILLEGAL? UM, YOU KNOW, I'M, I'M JUST TRYING TO UNDERSTAND WHY, WHAT I SEE ON PAGE SEVEN DASH 13, UM, DOESN'T APPEAR TO, UM, FOLLOW THE ZONING AT ALL.
UM, AS I MENTIONED, UM, THOSE PROPERTIES WERE ALREADY, UM, DURING THAT TIME, THEY ALREADY HAD AN INDUSTRIAL DEVELOPMENT.
UM, THEY MAY BE NOT NON-CONFORMING.
UM, AND THEN, UM, TO THE PROPERTY, TO THE WEST, I MEAN, EAST OF IT, UM, A PORTION IS TOWARDS THE TH THREE, UM, IS ACTUALLY INDUSTRIAL.
UM, THERE IS A PORTION, UM, BUT THE, THE OTHER PORTIONS WHICH ARE WITHIN THE TSS THREE, I'M NOT AWARE.
TO REFERENCE, UM, THE COMMISSIONER'S QUESTION, UM, IT SEEMED THAT THOSE ARE ILLEGAL USES.
WE'RE WORKING WITH CODE COMPLIANCE TO ADDRESS THOSE ISSUES.
UM, THERE WERE TWO CASES HERE AT C P C ONE IN 20 17, 1 IN 29TH, 2020, WHERE S U P WAS ISSUED ON TWO OF THOSE LOTS ON THE FAR WEST SIDE.
AND IN THOSE MEETINGS IT WAS ALSO STATED THAT TP, THAT THE TOWNHOUSE SHOULD REMAIN, THEY EVEN ADDED A DEED RESTRICTION SO THE GENTLEMAN CAN ADD A FENCE TO, TO PROTECT THE T, THE, UH, TH THREE AND HIS INDUSTRIAL, I DON'T THINK THAT WAS EVER DONE.
UM, THE, THE FENCE WAS NEVER PUT UP IN THE, THE USAGE EXTENDED PAST HIS LINE.
UM, SO THEY ARE ILLEGAL USES, UH, USAGE ACROSS THE BOARD EVEN WHETHER SS U P WAS ISSUED.
ANY OTHER QUESTIONS? COMMISSIONERS? YES.
HAS THERE, HAS THERE BEEN ANY RECENT APPLICATIONS TO BUILD TOWN HOMES OR RESIDENTIAL IN THESE AREAS? NOT THAT I'M AWARE OF.
NOT FOR A NUMBER OF YEARS OR NOTHING ON THE BOOKS NOW? NO, NOT THAT I'M AWARE OF.
ALL, ALL OF THE, UH, FEEDBACK THAT WE GOT FROM THE PUBLIC, THEY WANTED TO KEEP IT RESIDENTIAL OR WHATEVER, BUT THERE'S, THERE'S BEEN NO APPLICATIONS OR ANY NO PLAN DEVELOPMENT THAT WE'RE AWARE OF? NO.
ISN'T IT TRUE THAT WRIGHT, UM, MAYBE A LOT OR TWO OVER THAT THERE IS A RESIDENTIAL USE, BUT IT'S, UH, IT'S LISTED AS COMMERCIAL BECAUSE IT IS A, UM, MOBILE PARK.
MOBILE HOME PARK THAT HAS BEEN THERE FOR, FOR WELL OVER 20 YEARS, 30 YEARS.
SO TO THE EAST, UM, THERE ARE TWO SUVS, WHICH IS NUMBER 3 98 AND NUMBER 5 54, WHICH ARE FOR, UM, MOBILE HOME PARK ZONED WAS I INDUSTRIAL TWO.
AND THEN THERE IS ALSO A PD 2 63, UH, WHICH IS FOR A MOBILE HOME PARK.
AND HOW LONG IS THOSE SUVS FOR? UM, SO S U P NUMBER 3 98 WAS APPROVED BY COUNSEL IN 1968.
AND S U P 5 54 WAS APPROVED IN 1986, AS WELL AS PD 2 63.
THEY LONG-TERM PD MEANING SUVS INSTEAD OF, RIGHT? YES.
MAYBE WE SHOULD RE IS IS THERE ANY WAY WE CAN BE, MAYBE WE MIGHT NEED RE DEBRIEFING BECAUSE WE HAVE SO MANY NEW COMMISSIONERS ON THIS PARTICULAR CASE.
THE REASON WHY IT WAS BRIEFED IS BECAUSE I BELIEVE LAST, UM, C P C, UM, YOU COMMISSIONERS ASKED, UH, FOR HISTORY OF WHY THE TH THREE WAS, UM, ZONED TH THREE.
NO, I'M TALKING ABOUT THE ORIGINAL BRIEFING BECAUSE IT'S BEEN A MONTH OR TWO.
AND SO WE HAVE QUITE A FEW, SO DON'T, MAYBE DON'T UNDERSTAND THE CONTEXT OF WHY, UM, THERE'S A
[01:35:01]
PUSHBACK BY THE COMMUNITY FOR THIS PARTICULAR, UM, DEAL.I KNOW THAT YOU GAVE US THE NEW INFORMATION, BUT THIS ONE WAS MAYBE TWO, TWO MONTHS AGO, AUGUST MAYBE.
UH, SO THE REASON, UM, SO FOR THE AREA, THIS, UM, CASE IS FOR AN APPLICATION FOR A CS COMMERCIAL SERVICE DISTRICT ON PROPERTY ZONE AND IR INDUSTRIAL RESEARCH DISTRICT TO THE NORTH PORTION AND T H THREE A, UH, TOWN HOME DISTRICT, UM, TO THE SOUTHERN PORTION.
UH, SO THE APPLICANT, UM, IS REQUESTING A CSS COMMERCIAL SERVICE DISTRICT FOR BOTH PORTIONS OF BOTH, UH, DISTRICTS IN THE AREA OF REQUEST, UM, IN ORDER TO ALLOW A WAREHOUSE DEVELOPMENT.
MS. GARZA, REMIND US THIS IS A 20 ACRE SITE, THE FRONT PORTION IS IR, THE BACK PORTION IS TH WHAT, WHAT IS THE SIZE OF THOSE TWO? YES.
SO THE, UH, THE WHOLE ENTIRE AREA OF REQUEST IS 20, UM, 0.032, I'M NOT TOO SURE.
MAYBE THE APPLICANT WILL KNOW THAT.
SO I'M, I'M CURIOUS THAT THE, UH, I BELIEVE IT'S SIX AND 14, PARDON ME, 14 ON THE FRONT, SIX ON THE BACK.
AND SO THE, THE APPLICANT TODAY BY RIGHT, COULD USE THE 14 ACRES, IS THAT CORRECT? THAT'S CORRECT.
FOR THE, SO, SO THEY'RE, THEY'RE BASICALLY, UH, LOOKING TO ADD THE SIX ACRES IN THE BACK INTO WHATEVER THE USE COULD BE UP FRONT? YES.
THAT COULD ALREADY BE DONE TODAY BY, RIGHT? CORRECT.
'CAUSE IT IS, UM, SO THE NORTH PORTION IS INDUSTRIAL RESEARCH.
SO WAREHOUSING IS ALLOWED BY WRIGHT.
UM, HOWEVER, THE TH THREE, THEY ARE WANTING TO USE THAT PORTION.
UM, AND STAFF RECOMMENDED INSTEAD OF AN IR TO DO BOTH, UM, DISTRICTS, UH, TO SEE AS COMMERCIAL SURVEY, WHICH IS, UH, LESS, UH, LESS INTENSE THAN THE INDUSTRIAL DISTRICT.
AND THEN JUST TO, JUST TO SUMMARIZE TO MAKE SURE I UNDERSTAND, UH, THE, THE FRUIT OF THE RESEARCH THAT YOU CONDUCTED, ESSENTIALLY 50 YEARS AGO, THE PLAN COMMISSION DECIDED TO SPLIT THESE INTO TWO IR AND TOWNHOUSES.
WAS THAT, TO GIVE A BUFFER TO THE, TO THE RESIDENTIAL NEIGHBORHOODS? SO THE, THEY DIDN'T STATE THAT IT WAS FOR THE RESIDENTIAL.
IT IS JUST THAT, THAT LINE, THE, UH, SOUTHER LINE OF THE T H THREE TRACK, WHICH IS TRACK NINE, THAT WAS THE CITY LIMIT.
UM, AND THE CITY, UM, DIDN'T, SO THE PORTION ON THE SOUTH OF THAT LINE, IT WAS STILL NOT WITHIN CITY AND IT WAS UNDEVELOPED.
UM, SO STAFF, UM, WANTED, UH, RECOMMENDED THAT BUFFER IN ORDER FOR INDUSTRIAL NOT TO GO THROUGH.
UM, 'CAUSE THEY, THEY WERE NOT, THEY WERE NOT SURE WHAT THE UNDEVELOPED, UM, PORTION WAS GONNA BE DEVELOPED FOR.
WELL, DID NOT, THE COMMUNITY ON THE LA UH, THAT CAME IN ON THE, ON AT THE LAST TIME, THIS WAS BEFORE C P C BEFORE WE SET IT OFF, DID NOT, THE COMMUNITY ISSUE WAS THAT THEY WANTED TO KEEP THAT BUFFER, UM, BETWEEN THE COMMUNITY AND THAT IR ZONING SO THAT IT WOULDN'T PUSH INTO THE COMMUNITY AND ANY, UM, AND, AND, AND ALSO IS IT THAT THE, UM, THE, THE APPLICANT WANTS TO BUILD WAREHOUSING OF SORT AND THAT WAS A MAJOR CONCERN FOR THOSE? YES.
FOR, FOR LAST CPCS, LAST CHAIR RUBEN, UH, COMMISSIONER HERBERT? YES.
UM, ARE YOU AWARE OF THE CASE WHERE THAT ENTIRE AREA, ONCE IT WAS ANNEXED TO THE CITY, THE REST OF THE SOUTHERN SECTOR, THAT IT WAS ALL SPLIT INTO MULTI-FAMILY, RESIDENTIAL, SINGLE FAMILY, R SEVEN FIVE, R TEN FIVE, SO ON AND SO FORTH? NO, IT'S NOT HONOR.
NOW THIS IS A STRAIGHT ZONING REQUEST TO CHANGE THE ENTIRE TRACK TO CS, CORRECT? CORRECT.
SO EVEN THOUGH THE EXPRESS DESIRE IS TO BUILD WAREHOUSE USE, UM, THAT TRACT OF LAND WOULD NOT BE COMMITTED TO A WAREHOUSE USE, ANY USE THAT'S ALLOWED BY WRIGHT AND CSS WOULD BE ALLOWED ON THIS COM ENTIRE TRACT IF THIS ZONING CHANGE WERE APPROVED? CORRECT.
NOW, JUST FOR CONTINUITY PURPOSES, THE LAST CASE THAT WE JUST HAD BRIEFED THE STAFF RECOMMENDATION WAS DENIAL OF A STRAY OF A ZONING CHANGE TO CSS, ALTHOUGH THERE WAS A, AN ADDITIONAL COMPONENT OF AN S C P FOR ONE SPECIFIC USE.
AND THE STAFF RECOMMENDATION WAS DENIAL LARGELY BECAUSE OF THE POTENTIAL IMPACT OF SOME OF THESE BY RIGHT CS USES ON AN ADJOINING RESIDENTIAL NEIGHBORHOOD.
HOWEVER, IN THIS CASE, THE STAFF IS RECOMMENDING APPROVAL OF A STRAIGHT ZONING CHANGE TO CSS, WHERE THERE'S CONSIDERABLE RESIDENTIAL ADJACENCY
[01:40:01]
TO THE SOUTH, UM, WITH THE SAME SITUATION BEING FACED BY THE, THE NEIGHBORS THAT ANY CSS USE BY RIGHT.COULD YOU OR WOULD YOU HAVE ANY, UM, COULD YOU OFFER ANY EXPLANATION AS TO WHY WE'RE ENDING UP WITH OPPOSITE RECOMMENDATIONS IN, IN SIMILAR SITUATIONS? SO IN THIS CASE, UM, THE ADJACENT PROPERTIES ARE, UM, INDUSTRIAL AND THAT PORTION OF TH THREE DOES NOT HAVE RIGHT NOW CURRENTLY HAVE ACCESS TO ANY STREET.
UM, SO IT WOULD JUST BE A LANDLOCK PARCEL.
SO THAT'S WHY IT'S STAFF RECOMMENDING, UM, TO BE ABLE TO DEVELOP THAT PROPERTY, UM, TO REZONE TO CSS.
BUT BECAUSE IT'S LANDLOCKED NOW DOESN'T MEAN THAT A STREET COULDN'T BE CONSTRUCTED IN THE FUTURE, CORRECT? CORRECT.
ANY OTHER QUESTIONS ON THIS ITEM, COMMISSIONERS? WE'LL KEEP GOING.
THANK YOU VERY MUCH MS. GARZA.
WE'LL GO TO CASE NUMBER EIGHT.
I HAVE NO, NO UPDATES ON THAT CASE AND IT WAS BRIEFED.
IS THIS CASE GETTING HELD? COMMISSIONER HERBERT? YES.
DO YOU HAVE A DATE TO BE DETERMINED? UM, TWO, TWO MEETINGS FROM NOW.
AM I CALLING IN? NO, I WANT TO WORK THROUGH THE LETTER THAT HE SENT AT LEAST.
WITH YOU COMMISSIONER HERBERT? YES.
WE WILL BRIEF IT THEN THAT TAKES US TO, UH, CASE NUMBER NINE, MR. PEPPI.
ACTUALLY, YOU JUST DON'T SEE IT.
AND IT'S LOCATED OFF OF BUCKNER, UM, SOUTH OF I 30.
AND IT'S AN APPLICATION FOR A, FOR ONE, A CR COMMUNITY RETAIL DISTRICT WITH THE RESTRICTIONS VOLUNTEERED BY THE APPLICANT.
AND TWO, A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE GENERAL MERCHANDISE OR FOOD STORE CREATED WITHIN 3,500 SQUARE FEET OR UPON PROPERTY ZONED.
AND, AND AS A NEIGHBORHOOD SERVICE DISTRICT WITH A D ONE LIQUOR CONTROL OVERLAY ON THE WEST LINE OF SOUTH BUCKNER BOULEVARD BETWEEN CLOVER HAVEN STREET AND ST.
FRANCIS AVENUE, IT'S ABOUT APPROXIMATELY THREE ACRES.
AND THE PURPOSE OF THE REQUEST IS TO ALLOW THE DEVELOPMENT OF A GENERAL MERCHANT ER FOOD STORE GREATER THAN 3,500 SQUARE FEET WITH THE SALE OF ALCOHOLIC BEVERAGES.
SO THIS IS THE AREA OF VIEW OF THE PROPERTY.
AS YOU CAN SEE, IT'S UNDEVELOPED.
NOW, A MIX OF USES, UH, SURROUNDING IT.
CAN'T FIND A GOOD WAY TO STAND.
UH, SO THE NORTH, THERE'S A COLLECTION OF SINGLE FAMILY ATTACHED HOMES IN A TH ZONING ACROSS BUCKNER.
THERE'S WAREHOUSING TO THE SOUTH, THERE'S A GENERAL MERCHANDISE FOOD STORE, LESS THAN 3,500 SQUARE FEET AND A MOTOR VEHICLE FUELING STATION.
AND THEN THERE'S SOME MULTIFAMILY TO THE WEST.
UM, REALLY QUICK, WHAT YOU'RE SEEING HERE, YOU SEE THE ZONING, BUT YOU ALSO SEE THE D ONE OVERLAY.
SO IT, AS I SAID, IT'S A THREE ACRE LOT.
THE PROPOSED USE IS A GENERAL MERCHANDISER FOOD STORE, GREATER THAN 3,500 SQUARE FEET IN THIS CASE, UM, IT'S A GROCERY STORE AND ACCESS FROM SOUTH BUCKNER.
N S A DOES NOT ALLOW GENERAL MERCHANDISE FOOD STORE GREATER THAN 3,500 SQUARE FEET.
CR DISTRICT DOES ALLOW THAT BY WRIGHT.
UM, THEY ALSO HAVE A D ONE, AS I STATED, AND THAT IS WHAT REQUIRES THE GROCERY STORE OR BEING DEVELOPED TO REQUEST AN SS U P SHOULD THEY WANNA SELL ALCOHOLIC BEVERAGES IN THE GROCERY STORE.
AND THEY HAVE ALSO PROPOSED DEED RESTRICTIONS THAT, UH, LIMIT SOME OF THE USES IN THAT CR PURPOSE OF CR DISTRICT IS TO PROVIDE FOR THE DEVELOPMENT OF COMMUNITY SERVING RETAIL, PERSONAL SERVICE AND OFFICE USES AT A SCALE AND INTENSITY COMPATIBLE WITH RESIDENTIAL COMMUNITIES.
STAFF RECOMMENDS A BASE CR DISTRICT AS THIS DISTRICT.
UM, THE DE RESTRICTIONS AS PROPOSED DO NOT OFFER SIGNIFICANT REGULAR OVERSIGHT BEYOND THE BASE DISTRICT.
AND BECAUSE THE BUCKNER CORRIDOR GENERALLY INCLUDES A BLEND OF COMMERCIAL, RESIDENTIAL ENLIGHTEN
[01:45:01]
ISRAEL USES.UH, SO THIS IS LOOKING AT THE SITE, UM, LOOKING WEST.
BUCKNER IS BEHIND ME LOOKING WEST.
NEXT SLIDE, LITTLE BIT FURTHER.
SOUTHWEST, YOU CAN SEE THE EXISTING MOTOR VEHICLE FUELING STATION IN THE GENERAL MERCHANDISE FOOD STORE ASSOCIATED WITH THAT.
AND WAY IN THE BACKGROUND, YOU CAN SEE MULTIFAMILY, UH, TO THE WEST.
AND THEN TURNING AROUND, LOOKING KIND OF SOUTHEAST OR I GUESS IT'S JUST EAST ON, ON BUCKNER.
THERE'S INDUSTRIAL ACROSS BUCKNER, UH, WAREHOUSING.
NEXT SLIDE, MORE OF THAT NEXT SLIDE.
AND THEN THERE'S ANOTHER WAREHOUSE TO THE NORTHEAST.
BUCKNER'S A THREE LANE IN EACH DIRECTION AT THIS POINT.
THERE'S THE, THE ATTACHED SINGLE FAMILY ALONG, UH, THE STREET TO THE NORTH, UH, KIND OF IN THE BACKGROUND HERE.
AND THEN THAT'S LOOKING DUE SOUTH OF THE MOTOR VEHICLE FUELING STATION TO THE SOUTH.
SO AS FOR DEVELOPMENT STANDARDS, UM, FAIRLY SIMILAR BETWEEN CS AND N SS A, UH, IN TERMS OF, UH, SETBACKS, UH, F A R HEIGHT IS, IS A BIT HIGHER IN THE SPACE CR UH, BUT IT IS N S A AT THIS TIME AND THERE IS RESIDENTIAL NEARBY.
SO THAT, THAT PUTS SOME LIMITS ON WHAT CAN BE DONE UNDER THE CR ZONING.
SO HERE'S THE SITE PLAN, UH, ASSOCIATED ONLY WITH THE S U P REQUEST SHOWS THE, UM, GENERAL MERCHANDISER FOOD STORE AS IT EXISTS.
WE'LL ZOOM IN A LITTLE, LITTLE BETTER.
YEAH, AND THEN THAT AGAIN SHOWS THE GROCERY STORE HAS ITS PROPOSED, UM, THAT THE S E P IS ONLY ASSOCIATED WITH THE SALES OF ALCOHOL IN A PROPOSED STORE.
SO BECAUSE IT'S MULTI-PART, I DO WANNA BREAK IT DOWN.
WE'RE TALKING ABOUT N S A CURRENT ZONING AND TO CR THEY NEED THAT TO BUILD THE LARGER STORE, UH, BECAUSE THAT'S, THAT SIZE OF STORE IS NOT ALLOWED IN THE NSS SPECIFIC USE PERMIT FOR ALCOHOL BEVERAGE SALES IN THAT STORE PROPOSED.
AND THEN DEEDED RESTRICTIONS THAT LIMIT THE USES OF CR.
SO NEXT SLIDE, S U P CONDITIONS ARE PROPOSED.
UH, ADHERENCE TO THE SITE PLAN FOR THIS USE, UH, EXPIRES IN FIVE YEARS.
UH, THEY ADDED AN ADDITIONAL BUFFERING FOR EIGHT FOOT SOLID SCREENING FENCE ALONG THE NORTHERN ADJACENCY WHERE THEY BORDER SOME SINGLE FAMILY, UH, TOWN HOME.
AND THE RESIDENTIAL BUFFER REQUIRED BY, THAT'S THE RESIDENTIAL ADJACENCY BUFFER.
UM, NORMALLY IT'S 10 FEET, THEY'VE INCREASED IT TO AN AVERAGE 20.
AND THE MAXIMUM FLOOR AREA FOR THE SALE OF ALCOHOLIC BEVERAGES IS THE 16,000 FEET, WHICH IS THE SIZE OF THE STORE SHOWN IN THE, UH, SIDE PLAN.
AND THAT'S THOSE NEXT SLIDE PLEASE.
SO THE APPLICANT'S PROPOSED DE RESTRICTIONS, UM, THEY, THESE ARE THEM, THESE ARE TAKING OUT SOME OF THE SS U P USES THAT ARE IN THE CR.
UM, SO STAFF EVALUATED THEM AS NOT ADDING ANY TOO MUCH ADDITIONAL REGULATORY OVERSIGHT, UM, ON THE PROPERTY BECAUSE MOST OF THESE USES WOULD HAVE TO COME BACK FOR A, ANOTHER HEARING IF THEY WERE TO BE DEVELOPED IN THE BASE CR EXCEPT FOR PAWN, SHOP, COLLEGE, DORMITORY, AND PUBLIC SCHOOL.
AND SO AS A RESULT, STAFF RECOMMENDS BASED ON THE AREA THAT THE DEEDED RESTRICTIONS ARE, ARE, ARE NOT NECESSARY, THEY'RE NOT ADDING MUCH TO, TO OUR OVERSIGHT.
AND CR IS GENERALLY APPROPRIATE ALONG THIS CORRIDOR.
JUST WANTED TO GET THAT IN THEN.
SO STAFF RECOMMENDATION IS APPROVAL OF A CR COMMUNITY, RETAIL DISTRICT FACULTY, THE REGISTRATIONS AND APPROVAL OF A SPECIFIC USE PERMIT FOR SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE GENERAL MERCHANDISER FOOD STORE, GREATER THAN 3,500 SQUARE FEET FOR A FIVE YEAR PERIOD SUBJECT TO A SITE PLANNING CONDITIONS.
MR. PEPPY, UM, THE SITE PLAN LAYOUT, CAN YOU HELP ME UNDERSTAND, THERE'S TWO CURB CUTS, BUT IT APPEARS THAT THIS IS AN INTERIOR LOT.
ARE THEY CONNECTING TO THE ADJACENT, UM, PROPERTY? I BELIEVE THEY MAY WORK OUT AN ACCESS AGREEMENT TO THE PROPERTY TO THE SOUTH.
[01:50:01]
GAS STATION TO THE SOUTH, NORTH IS PLAN NORTH IS WEST IN THIS, SO NORTH IS TO OUR, OUR RIGHT.UM, SO THEY HAVE ACCESS FROM BUCKNER PER THIS, BUT THEY'RE PROPOSING A ACCESS AGREEMENT WITH THE GAS STATION TO THE SOUTH, WHICH IS NOT PART OF THIS, NOT PART OF THIS APPROVAL, BUT IT'S IN THEIR PLAN.
AND SO THEN THE TWO RESIDENTIAL ADJACENCIES, AND I'M GONNA USE THIS PLANNING ORIENTATION, ARE TO THE RIGHT INTO THE TOP OF THE PAGE.
AND BOTH OF THOSE REQUIRE THE 20 FOOT BUFFER THAT'S NOTED IN THE, UM, SS U P CONDITIONS.
THEY, THEY ARE ADDING AN, THEY'RE ADDING AN ADDITIONAL, IF WE COULD GO TO THE CONDITIONS SLIDE, GEORGE.
YEAH, THEY'RE REQUESTING THE EIGHT FOOT SOLID BUFFER, UM, OR EXCUSE ME, THE EIGHT FOOT FENCE ALONG THE NORTHERN ADJACENCY AND THE, AND THE 20 FOOT BUFFER ALONG THE NORTHERN ADJACENCY.
THEY LEAVE 20 FOOT, UM, OF SPACE IN THE PLAN NORTH, THE WESTERN ADJACENCY, UH, WHERE BUT'S MULTIFAMILY, UH, BUT THAT DOESN'T BUT A BUT A PARKING AREA AT THIS TIME.
THEY, THEY ARE GONNA BE HELD TO STANDARD, UH, ARTICLE 10 BUFFERING THERE, WHICH IS 10 FOOT.
WELL, I NOTICED THAT THE LOADING AREA APPEARS TO BE ORIENTED ON THE WEST UPPER SIDE OF THE SITE PLAN AND OUR PLAN ORIENTATION.
IT JUST, I WAS WONDERING IF THERE WAS ANY DISCUSSION ABOUT NOISE MITIGATION HOURS OF OPERATION JUST TO HELP MITIGATE THE, THE IMPACTS OF THAT SITE ORIENTATION.
SO THEY HAVE TO FOLLOW THE BASE ARTICLE 10 SCREENING FOR, FOR LOADING AREAS AS WELL AS RESIDENTIAL ADJACENCY SCREENING.
UM, THE BUFFERING THAT WAS PUT IN ON THE NORTH IS AS ADDITIONAL TO THAT, BUT IT DOESN'T PRECLUDE THEM FROM DOING ANY KIND OF BUFFERING ON THE WEST.
UM, IT'S IMPORTANT TO REMEMBER THIS PERTAINS TO THE SALE OF ALCOHOLIC BEVERAGES.
SO IT DOESN'T NECESSARILY GIVE US AS MUCH OVERSIGHT OVER THE DEVELOPMENT OF A GENERAL MERCHANDISER FOOD STORE BROADLY, AS WOULD IF, IF THE S U P WAS FOR THAT E EXCELLENT CLARIFICATION, AND THANK YOU FOR THAT.
UM, AND I JUST WANNA, WANNA MAKE SURE THAT I ALSO UNDERSTAND, AND AGAIN, THIS IS JUST SITE LAYOUT, PERHAPS NOT PART OF THE ALCOHOL BEVERAGE DISCUSSION, BUT THE DUMPSTER IS ALSO ORIENTED ON THAT WEST PROPERTY LINE, IS THAT CORRECT? YES.
AND THAT WILL STILL HAVE THE BASE ARTICLE 10 SCREENING REQUIREMENTS, BUT THE WEST OR THE, I GUESS IT'S THE EAST PART OF THAT MULTIFAMILY PROPERTY, THAT'S THE PARKING AREA PORTION OF THAT SITE.
THERE'S A, THERE'S SOME DISTANCING BETWEEN THAT SITE AND, UH, THE MULTIFAMILY BUILDINGS.
COMMISSIONER WHEELER, ARE YOU AWARE OF ANY COMMUNITY ENGAGEMENT THAT HAS HAPPENED AROUND THIS PROJECT? I'M NOT.
UM, ARE YOU AWARE THAT THEY ARE GOING, UM, BEYOND WHAT THE STANDARDS IS TO MAKE SURE THAT THAT BUFFER ON THAT SIDE, ON THE SIDE THAT'S ADJACENT TO THE RESIDENTIAL, THAT THERE'S AN ADDITIONAL BUFFER TO FOR NOISE OR, UM, THAT WAS A CONCERN FOR THE COMMUNITY THAT IS REQUIRED BY THE CONDITIONS AND AND PLAN? YES.
AND THEIR PROPOSED IS A GROCERY STORE, AM I CORRECT? THAT'S CORRECT.
ANY OTHER QUESTIONS? COMMISSIONERS, COMMISSIONER WHEELER, PLEASE.
AND ARE YOU AWARE THAT THIS IS ONE OF THOSE FOOD DESERTS AREAS? UH, DIDN'T ASSESS THAT IN, IN OUR ANALYSIS.
ANY OTHER QUESTIONS, COMMISSIONERS? OKAY, WE'LL KEEP GOING.
THANK YOU VERY MUCH, MR. PEPY.
WE'LL NOW GO TO, UH, NUMBER 10, OUR DEVELOPMENT CODE AMENDMENT.
ANDREA GILLIS PLANNING AN URBAN DESIGN.
I'M GOING TO BE A LITTLE BIT OF A PALLET CLEANSER FROM ZONING CASES AND SHIFT INTO A CODE AMENDMENT.
UM, I'M JUST WAITING FOR THE PRESENTATION TO COME UP.
IT IS SPECIFICALLY RELATED TO A CODE AMENDMENT FOR THE NEIGHBORHOOD STABILIZATION OVERLAY, UM, WITHIN THE ZONING ORDINANCE.
UM, I'M JUST GONNA DO A QUICK RUN THROUGH OF HOW WE GOT HERE AND, UM, LAY OUT SOME OF THE ISSUES THAT CAME TO OUR ATTENTION OVER THE PAST FEW MONTHS.
UM, I JUST WANNA EMPHASIZE THAT THIS IS
[01:55:01]
A PRETTY MINOR AMENDMENT TO THE NEIGHBORHOOD STABILIZATION CODE, UM, OR ORDINANCE I SHOULD SAY, AND THAT IT IS INTENDED TO DO SORT OF A QUICK FIX, BUT ALSO UNDERSTANDING THAT WE REALLY DO NEED A COMPREHENSIVE UPDATE TO THE NEIGHBORHOOD STABILIZATION OVERLAY TO EVOLVE IT TO ADDRESS ISSUES THAT WE'RE DEALING WITH TODAY, UM, IN RESIDENTIAL NEIGHBORHOODS.SO THAT IS TO COME, BUT THAT'S PROBABLY GONNA TAKE ABOUT, I WOULD SAY SIX, NINE MONTHS TO A YEAR, DEPENDING ON ENGAGEMENT AND DEPENDING ON HOW EXTENSIVE WE GET WITH THE NEIGHBORHOOD STABILIZATION, STABILIZATION OVERLAY.
SO THIS IS THIS FIRST IMMEDIATE FIX, UM, THAT WE FOUND IN THE CODE.
SO THE NEIGHBORHOOD STABILIZATION OVERLAY, UM, THE AMENDMENT RELATES TO THAT AND SPECIFICALLY RELATING TO THE HEIGHT PLANE DEFINITION AND HOW HEIGHT IS MEASURED BECAUSE IT IS A UNIQUE, UM, IT IS A UNIQUE SET OF STANDARDS SPECIFIC TO THE NEIGHBORHOOD STABILIZATION OVERLAY.
UM, AND SO THIS IS JUST SOME HISTORY AND BACKGROUND THROUGH THE PROCESS.
THE NEIGHBORHOOD, UH, STA STABILIZATION OVERLAY WAS ESTABLISHED IN 2005.
SO AT THIS POINT, YOU CAN IMAGINE IN 2005, BUILDING WAS VERY DIFFERENT IN, OR IN MANY WAYS WAS VERY DIFFERENT IN, UM, OUR RESIDENTIAL NEIGHBORHOODS THAT WE'RE LOOKING TO ESTABLISH SOME COMPATIBILITY STANDARDS.
UM, WE HAVE SOME DIFFERENT DEVELOPMENT TYPES HAPPENING TODAY.
SO, WHICH WERE NOT ADDRESSED THROUGH THE 2005 ORDINANCE.
SO THAT'S ONE OF THE ISSUES THAT WE'RE LOOKING AT HERE.
THERE ARE 13 NEIGHBORHOODS THAT HAVE ADOPTED NSOS.
OF THOSE 13 NEIGHBORHOODS, I THINK IT'S EIGHT THAT ACTUALLY HAVE HEIGHT STANDARDS.
IT'S A PRETTY HIGH THRESHOLD AND BAR TO INCORPORATE HEIGHT STANDARDS INTO A NEIGHBORHOOD STABILIZATION, STABILIZATION OVERLAY.
YOU NEED 60% OF OWNERS OF PROPERTY TO BE EIGHT.
THEY NEED TO SIGN ON TO A PETITION FOR THERE TO BE A HEIGHT MAXIMUM INCLUDED WITHIN THE OVERLAY.
UM, THERE ARE SOME OTHER ISSUES.
THE OTHER ISSUES THAT YOU CAN ADDRESS WITHIN THE N S O IS SETBACKS, GARAGE PLACEMENT.
UM, IT'S PRETTY, IT'S A PRETTY MINIMAL SET OF STANDARDS.
UM, BUT HEIGHT HAS THE HIGHER BAR.
UM, SO WHAT WE'VE SORT OF FOUND IS THAT IN RECENT, IT'S PROBABLY BEEN OVER A YEAR THAT WE STARTED TO HEAR SOME ISSUES ABOUT HOW HEIGHT WAS MEASURED AND SOME OF THE CONCERNS IN THE PERCEIVED APPROVALS THAT HAD, OR THE PERCEPTIONS OF THE APPROVALS THAT HAD BEEN GOING THROUGH IN CER IN CERTAIN NEIGHBORHOODS.
UM, I ACTUALLY HEARD SOME OF THESE THINGS THROUGH SOME OF OUR FORWARD DALLAS DISCUSSIONS.
UM, ACTUALLY AT OUR MEETINGS PEOPLE CAME TO US AND SAID, HEY, CAN YOU GUYS HELP US? WHAT'S GOING ON? UM, WE LOOKED INTO SOME OF THOSE.
UM, I CAN SAY THAT, YOU KNOW, A LOT OF THEM WERE, I MEAN, MOST OF THEM WERE IN COMPLIANCE WITH THE CODE.
AND SO THAT'S PARTLY WHY WE ARE ADDRESSING THIS AMENDMENT TODAY BECAUSE IT WASN'T REALLY GETTING THE RESULTS ANYMORE THAT SOME OF THE NEIGHBORHOODS HAD ANTICIPATED, UM, BASED ON SORT OF EVOLVING DEVELOPMENT TRENDS.
UM, AND SO WE WANTED TO REALLY, THIS IS JUST A CLARIFYING OF THE ORDINANCE.
UM, AND IT REALLY CAME TO LIGHT THROUGH, THERE WAS A RECENT BOARD OF ADJUSTMENT, UM, CASE THAT WENT FORWARD FOR A VARIANCE TO THE HEIGHT, UM, REQUIREMENTS WITHIN ONE OF OUR NEIGHBORHOOD STABILIZATION OVERLAYS.
AND THROUGH THAT DISCUSSION, IF ANYBODY LISTENED TO THAT, UM, IT BECAME VERY APPARENT HOW CONFUSING THE CODE WAS IN GENERAL, UM, AND IN PARTICULAR AS IT RELATED TO HEIGHT.
AND WE REALLY NEEDED TO TAKE A LOOK AT, UM, SOME OF THE ISSUES TO MAKE SURE TO CLARIFY MOVING FORWARD HOW WE WERE ADDRESSING THE HEIGHT IN THESE AREAS.
UM, THIS IS JUST THE, THE PURPOSE AGAIN, I HAD MENTIONED THAT THIS IS JUST A, A SMALL CLARIFYING AMENDMENT, AND THEN WE'LL MOVE INTO THE, THE BROADER COMPREHENSIVE UPDATE.
SO THERE REALLY ARE TWO ISSUES THAT WE'RE DEALING WITH THROUGH THIS CODE AMENDMENT, BOTH OF THEM ADDRESSING HEIGHT.
THIS FIRST ONE IS ADDRESSING THE HEIGHT PLANE.
SO I'M GONNA FLIP BACK AND FORTH BETWEEN THESE TWO SLIDES.
UM, BUT, SO THE N S O USES THE HEIGHT PLAYING CONCEPT TO MEASURE HEIGHT AND THE QUESTION THAT RESULTED IN RECENT APPROVALS, JUST STANDARD APPROVALS THAT WERE FOUND TO BE CONSISTENT BASED ON HOW WE INTERPRET THE CODE.
UM, AND ALSO THE VARIANCE CASE THAT WENT FORWARD IS THAT WE REALIZED THAT THERE IS, UM, HOW WE'VE BEEN INTERPRETING THE CODE.
UM, THERE HAS BEEN A WAY TO SORT OF MOVE YOURSELF OUT OF THE STANDARD, THE THE HEIGHT PLANE, BASICALLY IN GENERAL FOR THE N SS O.
SO IF YOU COULD GO TO THE NEXT SLIDE, GEORGE.
UM, SO THE TOP OF THIS SECTION IS THE, THE TEXT IN BLACK IS THE DEFINITION OF THE HEIGHT PLANE.
[02:00:01]
THE PLEASURE OF READING THAT, UM, JUST, YOU KNOW, ON ITS FACE, IT'S CONFUSING, BUT REALLY IT IS SORT OF THIS ANGLED IDEA AND WHAT IN 2005, WHAT THE NEIGHBORHOODS REALLY WERE CONCERNED ABOUT.YOU WERE GETTING, YOU HAD A LOT OF THESE AREAS THAT HAD ONE STORY STRUCTURES AND THEY WERE TRYING TO SOFTEN A NEW TWO STORY STRUCTURE AND TRY TO WORK ON SOME COMPATIBILITY BETWEEN, YOU KNOW, NOT SAYING THAT WE'RE FREEZING THIS AREA IN TIME, BUT TO ALLOW FOR SOME NEW DEVELOPMENT, BUT TO SOFTEN THE DISTINCTION BETWEEN THE OLD AND THE NEW.
AND IT REALLY WAS ABOUT, YOU KNOW, IF YOU'RE STANDING, YOU KNOW, IN THE MIDDLE OF THE STREET MAKING SURE THAT WHAT YOU SEE FROM THE STREET IS, IS MORE COMPATIBLE WITH THE EXISTING RESIDENT OR THE EXISTING HOMES.
AND AS YOU GO BACK YOU COULD GET SOME ADDITIONAL HEIGHT.
UM, BUT YOU KNOW, AS WE'VE SEEN IN THE PAST, YOU KNOW, 15, 20 YEARS, WE'VE GOT A WHOLE NEW SET OF BUILDING TYPES THAT HAVE, IT'S NOT JUST THE TWO STORY BUILDING ANYMORE, UM, THAT'S BEING DEVELOPED.
SO THE HEIGHT PLANE WAS, IT MEANS A PLANE PROJECTING UPWARD AND TOWARD THE SUBJECT LOT FROM A 0.6 FEET ABOVE GRADE AT THE CENTER.
SO A SIX FOOT PERSON BASICALLY, OR YOUR EYEBALLS ARE AT SIX FEET IN THE MIDDLE OF THE STREET.
UM, AND AT THE CENTER LINE OF THE STREET ADJACENT TO THE FRONT PUB PROPERTY LINE.
SO STARING AT THE, THE FRONT PROPERTY LINE, UM, AND EXTENDING TO THE INTERSECTION OF A VERTICAL PLANE FROM THE FRONT BUILDING LINE, IT'S CURRENTLY WRITTEN FROM THE FRONT BUILDING LINE WITH THE MAXIMUM HEIGHT ESTABLISHED BY THE NEIGHBORHOOD STABILIZATION OVERLAYING CONTINUE.
SO, AND THEN CONTINUING ON ON, SO THE ISSUE WAS HOW WE DEFINE AND INTERPRET FRONT BUILDING LINE, UM, CURRENTLY IN OUR CODE.
SO WHAT WE REALIZED IS, SO FRONT BUILDING LINE HAS MEANT MINIMUM FRONT SETBACK.
SO GENERALLY SPEAKING IN R SEVEN FIVE, A LOT OF THESE ARE IN R SEVEN FIVE AREAS.
YOU'RE 20 FEET BACK, YOUR FRONT SETBACK IS 20 FEET BACK.
THE ASSUMPTION IS, IS THAT THAT VERTICAL LINE, THE MAXIMUM HEIGHT THAT'S ESTABLISHED BY THE N S O IS ESTABLISHED AT YOUR FRONT BUILDING LINE, WHICH HAS BASICALLY BEEN THE SAME AS WHERE MOST BUILDINGS HAVE PUT THEIR BUILDINGS.
MOST NEW BUILDINGS HAVE BEEN DEVELOPED.
WELL, WHAT WE FOUND IS WHEN YOU DON'T PLACE YOUR BUILDING AT THE FRONT BUILDING LINE OR THE MINIMUM FRONT SETBACK LINE, YOU CAN PUSH YOURSELF OUT OF THE HEIGHT PLANE.
SO JORGE, IF YOU COULD GO BACK TO, OR GEORGE, IF YOU COULD GO BACK TO THE, YEAH, SO WHAT YOU'LL SEE IS THAT ON THE IMAGE TO THE RIGHT, YOU'VE GOT THE PLANE AND SORT OF THAT SORT OF SURROUNDING CLOUDED, UM, CIRCLE THAT IS AROUND THE ANGLE.
AND THEN THE VERTICAL LINE THAT, THAT VERTICAL LINE ESTABLISHED THE N S O MAX HEIGHT AT THE FRONT BUILDING LINE, WHICH IS THE MINIMUM SETBACK LINE.
AND SO AS YOU CAN SEE, THE BUILDING THEN WAS PUSHED BACK 10 FEET AND SO IT WAS PUSHED OUT OF THE N S O HEIGHT PLANE AND THEREFORE THE REQUIREMENTS.
AND SO WHEN YOU'RE PUSH YOURSELF OUT OF THAT HEIGHT PLANE, THEN YOU DEFAULT TO THE BASE ZONING HEIGHT, MAX HEIGHT, WHICH IS 30 FEET TO THE MIDPOINT.
SO OBVIOUSLY YOU CAN GET MUCH HIGHER THAN, THAN WHAT IS ESTABLISHED BY THE N S O.
SO WE WANTED TO MAKE SURE TO CLARIFY THAT, THAT IT, WE, IT WAS REALLY, FOR ME IN PARTICULAR, IT WAS A HEAD SCRATCHER FOR A WHILE ABOUT, AND THEN WE HAD THE, YOU KNOW, WHERE THAT WAS ACTUALLY MEASURED.
AND THEN, YOU KNOW, WE HAVE THIS IMAGE, THE IMAGE ON THE LEFT IS THE IMAGE THAT'S IN THE CODE AS WELL IN THE N S L CODE IN THE N S O CODE.
AND YOU'LL SEE ON THE BOTTOM IT SAYS FRONT BUILD LINE.
WELL, IT'S A LITTLE BIT CONFUSING BECAUSE WHEN YOU THINK FRONT BUILD LINE, IT'S LIKE WHERE I BUILT MY STRUCTURE, BUT THAT DOESN'T MATCH THE TEXT AND WE HAVE NO DEFINITION IN THE CODE FOR FRONT BUILD LINE.
SO GEORGE, IF YOU CAN GO TO THE NEXT SLIDE PLEASE.
SO WHAT THAT DOES IS FOR INITIALLY WHAT WE PRESENTED TO ZO OAC WAS A CHANGE OF CHANGING THE FRONT BUILDING LINE TO FRONT BUILDING FACADE.
SO REGARDLESS OF WHERE YOU PUT YOUR BUILDING, THAT VERTICAL LINE GETS MEASURED FROM THE FRONT OF YOUR BUILDING.
AND WE ALSO REALIZED THAT WE REALLY NEEDED TO, WELL, AND SO AS PART OF THE CONVERSATION WITH ZO OAC, THERE WAS A LOT OF QUESTION ABOUT, WELL, WHAT IS FRONT BUILDING? WHAT DOES BUILDING FACADE MEAN? WHAT DOES FRONT BUILDING FACADE MEAN FOR ME? I TAKE IT FOR GRANTED, WE DON'T WANNA TAKE THINGS FOR GRANTED, ESPECIALLY IN CODES.
WE LOOKED THROUGH THE CODE AND TRIED TO FIGURE LIKE IT'S GOTTA BE DEFINED SOMEWHERE.
WELL, IT'S NOT, UM, IN THE FORM-BASED DISTRICTS, IT'S TALKED A LOT ABOUT IN THE FORM-BASED DISTRICTS, BUT THERE ACTUALLY ISN'T A DEFINITION WITHIN THE FORM-BASED DISTRICTS.
SO WE TOOK THAT FEEDBACK FROM ZAC AND WE DETERMINE THAT WE SHOULD PROVIDE FOR PURPOSES OF THIS CODE TO NOT GO THROUGH AND OPEN UP THE WHOLE ENTIRE
[02:05:01]
CODE RIGHT NOW TO DEFINE BUILDING FACADE FOR THIS CODE.AND IT MEANS THE FRONT FACING EXTERIOR WALL OR WALLS ON THE FIRST FLOOR OF THE PRINCIPLE STRUCTURE ON A LOT AND EXCLUDES THE BUILDING FACADE OF THE PORTION OF THE PRINCIPAL STRUCTURE DESIGNED OR USED AS A PARKING STRUCTURE OR A PROJECTING PORCH.
BECAUSE THAT QUESTION CAME UP, OKAY, WELL IS A PORCH A FRONT FACADE EVERYWHERE I'VE WORKED BEFORE? NO, IT IS NOT A GARAGE.
IS IT A FRONT FACADE EVERYWHERE I'VE WORKED BEFORE? NO, IT'S NOT.
IT'S REALLY THE LIVING AREA OF THE BUILDING.
I MEAN, IF ALL OF THAT'S FLUSH TOGETHER, SURE WE COULD DO THAT.
BUT IF YOU HAVE PROJECTIONS, YOU DON'T NECESSARILY WANT THOSE TO BE WHERE THE VER ESPECIALLY IF IT'S A GARAGE, RIGHT? SO THE IDEA BEHIND ADDING THIS INTO THE DEFINITION IS TO AVOID THE SNOUT GARAGES, YOU KNOW, THE GARAGES THAT ARE PUSHED AWAY UP FRONT OF THE BUILDING USING THAT TO ESTABLISH THE VERTICAL LINE.
AND WE ACTUALLY GOT THIS FROM, THIS IS THE DEFINITE WE, SARAH MAY, WHO'S OBVIOUSLY FANTASTIC WHEN IT COMES TO CODE, UM, DID A LOT OF RESEARCH AND CAME UP WITH OR RESEARCHED A LOT OF SURROUNDING JURISDICTIONS AND WHAT THEIR DEFINITION OF FRONT FACADE IS IN OTHER MAJOR CITIES.
THIS IS ACTUALLY AKIN TO THE DEFINITION IN AUSTIN, UM, FOR FACADES.
AND THEN WE ALSO HAD TO INCLUDE FOR PURPOSES OF ESTABLISHING THE VERTICAL PLANE AND NSOS ADOPTED PRIOR TO THE DATE OF THIS ORDINANCE, THE TERM BUILDING LINE MEANS BUILDING FACADE.
BECAUSE AGAIN, AS THE AMAZING, SARAH MAY FOUND OUT THAT THERE'S ALSO REFERENCE IN EACH OF THE INDIVIDUAL NSOS TO FRONT BUILDING LINE.
SO WE HAD TO MAKE SURE THAT WE WERE COORDINATING ALL OF THE INDIVIDUAL N SS O UM, ORDINANCES BACK TO THE MAIN CITYWIDE ONE.
SO THAT IS THE FIRST ISSUE THAT WE ADDRESSED.
WHAT'S IN BLUE, EXCEPT FOR FACADE, IS NEW FROM ZAC THAT WE BASICALLY TOOK ZAC COMMENTS AND WE ADDED IN THIS NEW TEXT.
AND THESE ARE JUST SOME GRAPHICS.
WE ALSO, ONE OF THE CONDITIONS FROM ZAC WAS THAT, AND I THINK OBVIOUSLY WE NEED TO INCREASE THE FONT ON THESE AND MAKE THESE A LITTLE BIT EASIER TO READ AS EVERYBODY SQUINTS ON THEIR SCREEN RIGHT NOW.
UM, BUT IT IS, YOU KNOW, TRYING TO LABEL OUT AND BE MORE CLEAR ABOUT EACH OF, UM, WHAT THE TEXT IS OUTLINING AND TO GRAPHICALLY REPRESENT THAT THROUGH THESE IMAGES.
AND NOT ONLY DO WE HAVE A PITCH ROOF ON THIS, WE ALSO HAVE A GRAPHIC OF A FLAT ROOF BECAUSE THAT'S ONE OF THE BIGGER ISSUES IN THIS AS WELL, IS THE NEW BILLS THAT ARE COMING IN ARE FLAT ROOF BUILDS AND WHERE ARE YOU MEASURING ON A FLAT WHEN YOU HAVE A FLAT ROOF CIRCUMSTANCE? UM, NEXT SLIDE PLEASE.
AND THEN OBVIOUSLY, YOU KNOW, IN THE GRADIN AREA WE'RE SHOWING WHERE, YOU KNOW, YOU DON'T HAVE COMPLIANCE WITH THE CODE, WE ARE PUSHING OUT THE FRONT OF THE GARAGE TO SHOW THAT THAT'S NOT THE FACADE THAT'S ESTABLISHED.
UM, WE ALSO, YOU KNOW, ARTURO DEL CASTILLO WHO'S AMAZING AS WELL AND YOU KNOW, HAS BEEN ABLE TO GRAPHICALLY CONVERT A LOT OF THIS TEXT FOR US.
UM, WE ARE, HE ALSO HAS SOME PLAN VIEW OPTIONS THAT WE COULD CONSIDER INCORPORATING INTO THIS.
SO YOU CAN SEE IT FROM UP ABOVE, UM, WHICH MAY PROVIDE SOME CLARITY.
AND SO THERE WAS ISSUE TOO IN THIS, IT WASN'T JUST HOW WE WERE MEASURING HEIGHT.
WE ALSO, SO BACK IN 2005, I DON'T THINK THIS WAS AN ISSUE EITHER.
WE WEREN'T GETTING, YOU KNOW, THREE STORY STRUCTURES, FLAT ROOF STRUCTURES THAT THEN HAD ELEVATOR ROOMS AND PARAPETS ON TOP OF THEM AS WELL, OR AT LEAST NOT AS REGULARLY AND PARTICULARLY NOT IN THESE AREAS THAT WERE APPLYING FOR NSOS.
UM, SO I DON'T THINK IT WAS AN ISSUE OR THAT MUCH OF A THOUGHT TO INCLUDE THE EXCEPTION LANGUAGE THAT WE HAVE IN THE CITYWIDE CODE TO ALLOW, UM, CERTAIN STRUCTURES TO BE EXEMPTED FROM OUR HEIGHT PLANE MAXIMUMS. SO THOSE EXEMPTIONS ARE ALSO INCLUDED OR ALLOWED WITHIN THE N SS O HEIGHT PLANE.
AND IT'S BECOME, AT LEAST FOR THOSE, THE NEIGHBORS WHO HAVE ELECTED TO HAVE, UM, HEIGHT MAXIMUMS WITHIN OR HEIGHT PROVISIONS WITHIN THE NSOS, IT HAS BECOME PROBLEMATIC BECAUSE YOU CAN NOW GET HOUSES THAT ARE, YOU KNOW, 30 PLUS FEET IN HEIGHT OR YOU KNOW, SOMEWHERE AROUND THAT.
BUT THEN THEY CAN HAVE CERTAIN PROJECTIONS OF UP TO 12 FEET BEYOND THAT.
SO MECHANICAL ROOMS, ELEVATOR ROOMS. SO IT'S PRETTY COMMON NOW WHEN YOU'RE SEEING FLAT ROOF HOMES THAT YOU ALSO HAVE THE ELEVATOR OR THE MECHANICAL ROOM PROJECTION THAT CAN GO 12 FEET UP.
YOU CAN ALSO HAVE PROJECTED PARAPETS UP TO FOUR FEET BEYOND THE ROOF, THE MAXIMUM HEIGHT.
SO THE RECOMMENDATION IN THIS ONE,
[02:10:01]
THE ISSUE TWO IS JUST TO, JUST TO STRIKE THAT, THAT, YOU KNOW, IF YOU WANNA DO A MECHANICAL ROOM OR AN ELEVATOR ROOM OR A PARAPET OR WHATEVER IT IS, YOU KNOW, IT ALL HAS TO FALL WITHIN THE HEIGHT PLANE MAXIMUM.SO THAT IS JUST, IF YOU COULD GO TO THE NEXT SLIDE PLEASE.
SO WHAT WE'RE PROPOSING IS JUST TO STRIKE THE ACCEPT STRUCTURES LISTED IN SECTION 51, A 4.40882.
UM, AND THE WAY IT'S SPECIFICALLY WRITTEN THIS WAY AS THE ADVICE OF OUR ATTORNEYS THAT INSTEAD OF JUST STRIKING IT, WE ALSO SPECIFICALLY SAY IF THE DISTRICT REGULATES HEIGHT, SINGLE FAMILY STRUCTURES, INCLUDING STRUCTURES LISTED IN THAT SECTION, BUT EXCLUDING CHIMNEYS.
UM, BECAUSE OBVIOUSLY WE DON'T WANNA, YOU KNOW, EXCLUDE CHIM.
UH, THE CHIMNEYS CAN BE PRETTY COMMON FOR THESE HOUSING TYPES.
SO WE DON'T WANNA EXCLUDE THAT MAY NOT BE BILLED HEIGHTS THAT EXCEED THE HEIGHT PLAN.
SO THOSE ARE THE TWO PRIMARY ISSUES.
REALLY THE ONLY TWO ISSUES THAT WE'RE DEALING WITH THIS CODE AMENDMENT.
UM, THE FIRST ONE IS SPECIFICALLY JUST TO CLARIFY HOW IT'S MEASURED AND THEN THIS SECOND ONE IS TO ADDRESS THOSE EXEMPTIONS THAT WERE, YOU KNOW, BECOMING MORE COMMON WITHIN THE N S O.
UM, AND SO THAT'S THE STAFF RECOMMENDATION OF APPROVAL IS BRIEFED.
UM, AND I'M HAPPY TO ANSWER ANY QUESTIONS.
COMMISSIONER KINGSTON, DOES IT MAKE A DIFFERENCE IF THE PARKING STRUCTURE OR, UH, PORCH IS MORE THAN ONE STORY IS MORE THAN ONE STORY? MM-HMM.
IT SAYS FIRST FLOOR I BELIEVE.
SO IT WOULD BE MEASURED OFF THE FIRST FLOOR.
SO REGARDLESS OF WHAT HAPPENS UP ON THE SECOND, I MEAN, I HOPE THEY'RE NOT PROJECTING OVER WELL GONE NOW YOU'RE
DO WE, IF WE THINK THAT THERE'S SOMETHING THAT COULD BE ADJUSTED TO HELP AVOID THAT, WE'RE HAPPY TO TO THINK ABOUT THAT.
UH, MY CONCERN IS ABOUT THE LANGUAGE THAT'S BEEN ADDED SINCE THIS LEFT ZAC.
'CAUSE IT SEEMS TO ME WE'RE RECREATING THE VERY SITUATION WE'RE TRYING, WE WERE TRYING TO AVOID.
WHEREAS IF YOU CHANGE WHERE BUILDING FACADE IS MEASURED AND EXEMPT GARAGES AND PORCHES, THEN WHY COULDN'T THE BUILDER JUST SHOVE THE MAIN STRUCTURE BACK AND GET OUTTA THAT HEIGHT, HEIGHT PLANE? WHAT AM I, WHAT AM I I'M THERE'S REASONS WHY I'M NOT AN ARCHITECT.
I'M NOT GOOD AT AT, BECAUSE YOU CAN'T USE, SO IT'LL FOLLOW YOU.
THAT MAIN STRUCTURE, THAT'S WHERE YOUR VERTICAL LINE'S GONNA GO.
IT'S NOT GONNA BE THE PROJECTION UP FRONT.
SO, WHICH MEANS IT'S GONNA SH MAKE THE ANGLE MORE AND MORE SHALLOW AS YOU GO FARTHER BACK.
BUT WE'RE STILL USING, I MEAN THE DIAGRAMS SHOW THAT TO DETERMINE SETBACK.
YOU'RE NOT EXEMPTING PORCHES AND GARAGES.
NO, WE'RE JUST SAYING THAT YOU CAN'T USE A PORCH IN A GARAGE TO ESTABLISH THE THE VERTICAL LINE.
OKAY, I'LL, THOSE CANNOT BE USED.
I'LL HAVE TO THINK ABOUT THIS.
IT IS VERY TECHNICAL AND VERY VISUAL AND I, AND I SEE THAT WHAT YOU'RE SAYING IS RIGHT, IS THAT THE, THAT USING THE GARAGE CAN ARTIFICIALLY SET THE LINE AND NOW YOU'RE BASICALLY TAKING THAT OPTION AWAY.
WE'RE REMOVING THAT OPTION FOR THOSE THAT YOU COULD PROJECT FORWARD AND, AND CALL THE FRONT FACADE.
WE'RE REMOVING THAT FROM THE EQUATION.
SO IT'S ALWAYS GOTTA BE BASICALLY, IN OTHER WORDS, THE LIVING AREA OF THE BUILDING.
COMMISSIONER HAMPTON? THANK YOU MR. CHAIR.
UM, I WILL SAY I'M ONE OF THE FOLKS WHO ASKED THE QUESTION ABOUT PORCHES BECAUSE I'VE, UM, SIMILAR TO COMMISSIONER KINGSTON, SEEN HOW THAT VARIANCE.
UM, I THINK ONE OF THE THINGS I'M TRYING TO GET MY MIND AROUND, I THINK SIMILAR TO COMMISSIONER CARPENTER, IS THAT THERE'S NOTHING IN HERE THAT WOULD PROHIBIT A TWO STORY PORCH.
AND IF THE ULTIMATE GOAL HERE IS TO TRY TO ADDRESS THE MASS OF THE, OF ALONG THE STREET SCAPE SO THAT THERE'S A CONSISTENCY, UM, AGAIN VARIATION, BUT THAT YOU CAN'T GO ABOVE THAT CAP.
AND AGAIN, WHETHER IT'S, YOU KNOW, SOMETHING AS SIMPLE AS IT CANNOT VIOLATE THE HEIGHT POINT, IT JUST SEEMS LIKE THERE NEEDS TO BE ONE OTHER SUPPLEMENTAL LANGUAGE.
A GARAGE CAN HAVE A SECOND STORY ON TOP OF IT.
AND SO IT JUST SEEMS LIKE IT'S, THE DIAGRAMS CLEARLY INDICATE THE INTENT, BUT I'M NOT SURE THAT THE LANGUAGE IS FULLY MARRIED TO THAT.
WAS THAT SOMETHING THAT STAFF HAD EVALUATED? WHETHER THAT ADDITIONAL CLARIFICATION MIGHT BE NEEDED JUST TO REINFORCE THE INTENT? UH, I
[02:15:01]
THINK, I MEAN WE'VE, YES, WE, WE'VE FIT, WE TRIED TO THINK ABOUT ALL OF THOSE WHAT IFS.UM, AGAIN, IF YOU ALL THINK THAT THERE IS SOME CLARIFYING LANGUAGE GIVEN YOUR EXPERIENCE IN OTHER DISTRICTS, THAT WOULD BE HELPFUL.
WE CAN CERTAINLY TIGHTEN THIS UP.
THANK YOU COMMISSIONER CHERNO.
WHAT, WHAT IS THE PURPOSE FOR, UH, WHY, WHY USE A H HEIGHT PLANE INSTEAD OF JUST USING A, A TYPICAL, UH, HEIGHT RESTRICTION? SO I WILL SAY THAT'S THE DIRECTION THAT WE'RE GOING TO RECOMMEND GOING WHEN WE DO THE BIGGER AMENDMENT, BUT I THINK THAT IS THAT THAT GOES BEYOND JUST A CLARIFYING AMENDMENT, WHICH I THINK WE'RE GONNA HAVE TO OPEN IT UP TO MUCH, YOU KNOW, MUCH BROADER DISCUSSION, ESPECIALLY WITH NEIGHBORHOODS THAT MAY WANT TO IN THE FUTURE HAVE AN N S O THOSE WHO HAVE HEIGHT STANDARDS RIGHT NOW IN THE NSSO IN THEIR EXISTING NSOS.
BUT YEAH, THE HEIGHT, AGAIN, THE HEIGHT PLANE REALLY WAS, FROM WHAT I UNDERSTAND, I OBVIOUSLY WASN'T ON THE TEAM THAT CREW, YOU KNOW, WAS PART OF THE CREATION IN 2005, BUT IT WAS, IT WAS ABOUT IF YOU'RE STANDING IN THE STREET, HOW TO SOFTEN THE TRANSITION FROM SAY THE FIR THE ONE STORY TO THE TWO STORY STRUCTURE.
SO YOU POTENTIALLY STILL HAVE ONE STORY UP FRONT AND THEN YOU PUSH YOUR MASSING TO THE BACK.
UM, I, I, FROM WHAT I ALSO UNDERSTAND FROM TALKING TO DIFFERENT RESIDENTS, THEY DON'T UNDER, IT'S HARD TO UNDERSTAND THE HEIGHT PLANE.
UM, AND SO REALLY IT SHOULD JUST BE A MAX CAP AND IDEALLY THAT'S THE DIRECTION THAT WE'RE GOING TO GO IN.
BUT THAT MEANS AMENDING THE ENTIRE CITYWIDE ORDINANCE FOR N OR THE, YOU KNOW, THE CITYWIDE ORDINANCE FOR THE N S O.
AND THEN WE'LL HAVE TO TAKE MORE DETAILED CONSIDERATION FOR EACH OF THE INDIVIDUAL NSOS BECAUSE YOU'VE GOT THE BASE CITYWIDE ORDINANCE AND THEN YOU HAVE INDIVIDUAL, UM, REQUIREMENTS OR REGULATIONS FOR EACH OF THOSE 13 NEIGHBORHOODS THAT WE WOULD HAVE TO DO THE ANALYSIS ON.
HOW IS THE HORIZONTAL HEIGHT PLANE DETERMINED? IS IT THE AVERAGE OF THE FOUR CORNERS TO THE MIDPOINT OF THE ROOF? NO, IT'S JUST BASICALLY STANDING SIX, YOU KNOW, IT STARTS SIX FEET IN THE MIDDLE OF THE STREET GOING, NOT THE POINT OF ORIGIN, BUT THE, WHEN YOU'RE, WHEN YOU'RE ESTABLISHING THE HEIGHT MM-HMM.
OH, THAT'S THE STANDARD WAY THAT THE CITY MEASURES HEIGHT.
BUT IF THERE'S, IF THERE'S, WHAT I'M SAYING IS THAT THERE IS SLOPE TO THE LOT, IS IT YOU TAKE THE AVERAGE OF THE FOUR CORNERS AND I WOULD NEED SOMEONE ELSE TO, SARAH MIGHT BE ABLE TO ANSWER THAT QUESTION.
IT DOESN'T CHA IT'S THE SAME WAY THAT IT'S MEASURED ACROSS THE CITY.
SO HOWEVER IT IS THAT IF IT'S AVERAGES OR WHATEVER IT IS, IT'S THE SAME WAY THAT IT'S MEASURED IN THE CITY.
HE, HEY GEORGE, CAN YOU GO BACK TO THAT SLIDE THAT HAD THE DEFINITION OF HEIGHT PLANE? JUST THAT MIGHT HELP US.
LEANS THE PLANE PROJECTING UP TOWARD THE SUBJECT FROM A 0.6 FEET ABOVE GRADE IN THE CENTER LINE OF THE STREET ADJACENT TO THE FRONT PROPERTY LINE EXTENDING INTERSECTION OF A VERTICAL PLANE FROM THE FRONT BUILDING FACADE.
SO IT LOOKS LIKE THIS WOULD BE A SEPARATE MEASUREMENT.
UM, THAT'S NOT RELATED TO THE GRADE OF THE PROPERTY.
BUT YOU HAVE, YOU HAVE TO DETERMINE THAT HORIZONTAL HEIGHT SOMEHOW.
AND WHEN A SITE HAS SLOPE, IF YOU MEASURE FROM THE HIGH POINT OF THE SLOPE, THAT GIVES YOU A DIFFERENT HORIZONTAL PLANE WHEN YOU MEASURE IT FROM THE LOW SIDE.
SO WITH THE N S O YOU HAVE TO LOOK AT THE UNDERLYING ZONING, WHICH IS GENERALLY R SEVEN FIVE OR SOMETHING, MAYBE R FIVE.
AND SO THAT 30 FOOT MAXIMUM HEIGHT WOULD BE APPLICABLE, WHICH THEY WOULD CALCULATE THE HIGHEST AVERAGE OF HIGHEST LOWEST CORNERS OF THE STRUCTURE.
UM, BUT THEN THEY WOULD ALSO HAVE TO DO A SEPARATE CALCULATION WHERE THEY HAVE THIS SLOPE THAT'S COMING FROM THE STREET.
AND SO IF YOU HAVE A STREET SURE.
THEN I'M JUST SAYING, IN ORDER TO DO THE CALCULATION, YOU HAVE TO DETERMINE THAT HORIZONTAL HEIGHT BEFORE YOU'RE DOING THE CALCULA.
YOU KNOW, THE, THAT'S THE SECONDARY PART, BUT RIGHT.
THAT, THAT'S OFTEN A POINT OF CONTENTION IS ON A, A SITE THAT HAS TOPOGRAPHY.
HOW DO YOU DETERMINE THAT? DEFINITELY.
[02:20:01]
OTHER QUESTIONS ON THIS ITEM? COMMISSIONER EARTH? YES, COMMISSIONER ROBERT.SO, NOT TO BELABOR THE FACADE POINT, BUT I WANT TO HAVE A CLEAR UNDERSTANDING IF, UH, THE CAMELBACK OR THE, THE, THE LONG GARAGE FRONT DOOR THING IS THE ISSUE IN MY, UM, DISTRICT FOUR MAINLY.
UM, YOU'RE SAYING IF I DECIDE TO PUSH MY FRONT DOOR BACK FURTHER THAN NORMAL, I'M NOW RESTRICTED NO MATTER WHAT.
OR I CAN GO, IF I GO BACK A CERTAIN AMOUNT, I CAN GO UP AS HIGH AS I WANT.
YOU CAN GO BACK AS FAR AS YOU WANT.
I MEAN, IF YOU NEED THE MINIMUM SETBACK, YOU CAN GO BACK AS FAR AS YOU WANT.
IT JUST MEANS THAT VERTICAL LINE IS GONNA FOLLOW YOU.
WHEREAS RIGHT NOW, THE VERTICAL LINE IS HERE AT 20 FEET REGARDLESS OF WHERE YOU GO.
SO IF YOU KEEP GOING BACK, BACK, BACK, BACK, NOW YOU MOVE YOURSELF OUT OF THE PLANE.
AS, SO YOU, YOU MOVE YOURSELF OUT OF THAT VERTICAL LINE.
SO IF YOU MOVE, SO THE VERTICAL LINE'S GONNA FOLLOW YOU AS FAR AS YOU PUSH BACK YOUR FRONT DOOR.
AND THAT STOPS THE ABILITY TO NOT BE SEEN NOW OR? NO, IT JUST, IT, IT KEEPS, IT ENSURES THAT YOU FALL WITHIN THE HEIGHT PLANE REGARDLESS OF WHERE YOU PUT YOUR BUILDING.
AND SO IT, BECAUSE IF YOU MOVE YOURSELF OUT OF THE HEIGHT PLANE, THEN THE HEIGHT PROVISION DOESN'T APPLY FOR THE N S O.
AND THE POINT OF HAVING THAT IS THAT WAS MY FIRST UNDERSTANDING Y'ALL'S QUESTIONS CONFUS ME.
THE SECOND QUESTION IS MORE VISUAL.
UM, 'CAUSE YOU KNOW, I'M BUILDING A MANSION AND IF I HAVE A GARAGE NOW AND I WANT MY GARAGE TO SAY, GO OUT TO MY OUTDOOR ROOF PATIO, I NOW HAVE TO MAKE THAT PATIO A LOT SHORTER IF I WANT THAT.
IT ALL DEPENDS ON, BECAUSE IT'S GENERALLY THE N S O IS NOT PROHIBITING TWO STORIES.
IT'S REALLY, THIS WILL GET YOU INTO THE, I MEAN, IT DEPENDS ON WHAT THE HEIGHT PROVISION IS IN THE DISTRICT.
THEY GO ANYWHERE FROM A 20 FOOT HEIGHT LIMIT TO A 27 FOOT HEIGHT LIMIT.
BUT I CAN'T SAY, OH, I HAVE AN ELEVATOR SHAFT HERE THAT GOES ALL THE WAY UP TO THIS PATIO AREA.
UM, BECAUSE THAT AND, AND, AND NOT INCLUDE THAT IN MY CORRECT EXEMPTION.
UNLESS YOU CAN FIGURE OUT HOW TO DO ALL OF THAT WITHIN YOUR HEIGHT PLAN.
WHICH WILL BE THE PLAN, RIGHT? THAT'S WHAT WE'RE DOING.
SORRY, COMMISSIONER, JUST TO, UH, EITHER CLEAR IT UP A LITTLE BIT OR COMPLETELY CONFUSE EVERYONE.
ESSENTIALLY WHAT YOU'RE SAYING IN TERMS OF THE HIGH PLANE AND THAT YOU COULD, YOU COULD BEFORE MOVE YOURSELF OUT OF THE HIGH PLANE, WHAT THAT MEANS IS THAT BY DOING THAT, THEN YOU CAN END UP BUILDING A HOME THAT WOULD BE HIGHER THAN WHAT THE FOLKS THAT CAME UP WITH THE N SS O WERE TRYING TO ACQUIRE.
AND, AND SO THEREFORE, WHAT YOU'RE SAYING NOW IS THAT THIS ADJUSTMENT WILL MOVE THAT HIGH PLANE AND WILL FOLLOW THE, THE LIVING SPACE AND THEREFORE LIMIT THE HEIGHT OF A HOME THAT COULD, IN OTHER WORDS, THE THE NSOS WERE KIND OF GETTING GAMED A LITTLE BIT CORRECT.
WHETHER, I MEAN, IT COULD HAVE BEEN TOTALLY UNINTENTIONAL, BUT IT, YOU KNOW, 'CAUSE IF YOU, WE ALL HAVE DIFFERENT LOT SIZES, RIGHT.
SO IT COULD HAVE BEEN COMPLETELY UNINTENTIONAL.
BUT YEAH, WE DISCOVERED THAT YOU COULD, THERE IS A WAY TO MOVE YOURSELF COMPLETELY OUT OF THE HEIGHT RESTRICTION.
COMMISSIONER HALL, UH, YOU GAVE US A LIST OF 13 NSOS.
THEY ALL HAVE, MOST OF 'EM HAVE DIFFERENT HEIGHT RESTRICTIONS.
WILL THESE CHANGES IMPACT THE EXISTING NSOS OR NO, IT'S NOT RETROACTIVE.
SO IT'S JUST IF, IF A NEW DEVELOPMENT WERE TO COME IN, THEN YOU FOLLOW THE STANDARD JUST FOR NEW BUILDS.
COMMISSIONER KINGSTON, GARAGE PLACEMENT IS ONE OF THE CHARACTERISTICS OF NSOS.
SO SOME OF THESE NSOS DON'T EVEN ALLOW FRONT GARAGES, RIGHT? CORRECT.
UM, MS. GILS, I'M JUST GONNA FOLLOW UP AND ASK YOU THIS IN THE FORM OF A QUESTION.
IF WITHIN THE PROPOSED NEW LANGUAGE FOR THE PURPOSES OF THIS SUB-PARAGRAPH, BUILDING FACADE MEANS THE FRONT FACING EXTERIOR WALL OR WALLS OF THE FIRST FLOOR OF THE PRINCIPAL RESIDENCE, AND THEN YOU GET TWO, UM, UH, THE BUILDING FACADE OR THE PORTION OF THE PRINCIPAL STRUCTURE DESIGNED OR USED AS A PARKING STRUCTURE OR A PROJECTING PORCH SUBJECT TO COMPLIANCE WITH
[02:25:01]
THE, UH, HEIGHT PLANE.WOULD THAT ESSENTIALLY REINFORCE THE IDEA THAT YOU CAN'T PENETRATE IT BY PUTTING ANOTHER STORY, ANOTHER USE? WOULD THAT PROVIDE ADDITIONAL CLARITY? 'CAUSE THAT'S WHAT YOUR GRAPHIC APPEARS TO.
IT CERTAIN, YEAH, THAT CERTAINLY COULD.
WE CAN, WE CAN DO A LITTLE HASHING OUT OF IT AFTERWARD.
IF, IF YOU WOULD HAVE THAT FOR, UM, OUR PUBLIC HEARING, I WOULD APPRECIATE IT.
ANY OTHER QUESTIONS? COMMISSIONERS? YES.
SO THIS IS RELATED TO THE BUILDING LINE FROM CONVERSATION BECAUSE MY UNDERSTANDING IS THE BUILDING LINE NOT THE SAME AS THE CLADDED BUILDING LINE WHEN CREATING A SUBDIVISION, THE FRONT BUILDING LINE IS THE SAME AS THE MINIMUM FRONT SETBACK.
WELL, BECAUSE IN INSTANCES OVER IN DISTRICT THREE, WE HAVE SCENARIOS WHERE THERE'S A BUILDING LINE AND THEN THERE'S THE SETBACK AND THOSE DON'T MATCH.
SO IS THERE AN AREA WHERE ONE WOULD TRUMP THE OTHER? WELL, I BELIEVE THAT THERE ARE CERTAIN PLANS THAT HAVE, OR MAYBE PDS THAT HAVE BUILD TWO LINES.
AND THAT'S DIFFERENT THAN A FRONT BUILDING LINE.
A BUILD TWO LINE IS A SEPARATELY ESTABLISHED LINE THROUGH A SEPARATE PROCESS SPECIFICALLY FOR THIS.
AND GENERALLY IN OLDER NEIGHBORHOODS THAT ARE APPLYING NSOS, WE'RE ONLY DEALING WITH THE FRONT BUILDING LINE, WHICH IS EQUIVALENT TO THE FRONT SETBACK LINE.
SO YOU'RE SAYING THE BUILD TWO, THERE'S A BUILD TWO LINE, AND THEN THERE'S A BUILDING LINE.
THOSE ARE TWO DIFFERENT THINGS.
AND RELATIVE TO THE FLAT, IT'S A BUILDING LINE.
BUT THEN RELATIVE TO THIS, IT IS A BUILD CORRECT.
ALSO, MY NEXT AREA OF CLARIFICATION IS RELATED TO THAT HEIGHT PLAN.
UM, MY UNDERSTANDING IS THAT IN THE PROJECT, THE ENGINEER WILL HAVE TO OUTLINE WHAT THE FOUR CORNERS OR WHAT THE CORNERS OF THE FIRST FLOOR BUILDING PAD IS, AND THEN THAT ESTABLISHES THE FIRST FLOOR ELEVATION.
UM, DOES THAT COINCIDE WITH WHAT'S HAPPENING WITH THIS PROPOSED AMENDMENT? WE DON'T CHANGE THAT AT ALL.
THERE'S NO RECOMMENDATION TO HAVE THAT CHANGED IN THIS AMENDMENT.
AND LASTLY, UM, IN THE AREAS WHERE THE PORCH, SO THE PORCH CAN, UM, EXCEED ITSELF INTO THE FRONT YARD SETBACK.
WELL, I'M WONDERING WOULD THAT INCLUDE A PORCH PATIO GARAGE OR A FRONT BALCONY? I'M SORRY, COULD YOU REPEAT THAT? SO THE AREAS THAT CAN, THAT ARE NOT CONSIDERED FRONT FACADE, UM, MY UNDERSTANDING IS THAT THAT IS INCLUDED INCLUSIVE OF A GARAGE AND A PORCH.
BUT I'M WONDERING, DO THOSE DEFINITIONS ALSO INCLUDE A FRONT PORTICO OR A FRONT FACING BALCONY THAT WOULD BE ON THE SECOND FLOOR THAT MIGHT HAVE THE SAME OVERHANG AND EVE AS, UM, THE FRONT FACADE? I THINK THE ISSUE WAS THAT PORCH IS ANOTHER NON-DEFINED DEFINITION.
WE DIDN'T GET INTO ALL OF THOSE FACTORS AND ALL OF THE POTENTIAL WHAT IFS? UH, OH, HERE COMES MEGAN WEER.
SHE'S GONNA, SHE'S GONNA CLEAR IT ALL UP FOR US.
UM, WEER I'M WITH PLANNING AND URBAN DESIGN.
UM, I'M GONNA JUMP IN ON THIS BASED ON HOW I, WHAT I THINK THE INTENT OF THE QUESTION WAS.
SO WE ARE NOT CHANGING THROUGH THIS AMENDMENT, THE FRONT YARD SETBACK OR THE SETBACK OF THE ZONING DISTRICT.
THIS DOESN'T ALLOW ENCROACHMENTS INTO THE REQUIRED SETBACK.
THIS JUST CHANGES WHERE THE SLOPE BEGINS.
AND WE'RE DEFINING FACADE AS THAT FRONT FACING PORTION OF THE BUILDING AT GROUND LEVEL AND SO ON AND SO FORTH.
BUT I THINK WAS THE QUESTION ABOUT ESSENTIALLY, CAN YOU ENCROACH INTO A SETBACK THROUGH THIS AMENDMENT? AND THE ANSWER TO THAT IS NO.
[02:30:01]
THAT YOU HAVE CLARIFIED THAT THAT WORKS FOR ME.THAT'S EXACTLY WHAT I WAS, I WAS THINKING.
AND, UH, THANK YOU FOR THAT CLARIFICATION.
ANY OTHER QUESTIONS ON THIS ITEM? COMMISSIONERS.
THANK YOU VERY MUCH, MS. GILS.
WE WILL BRIEF, UH, ITEM NUMBER 11.
HAVE A, UH, A QUICK UPDATE ON THAT WHEN WE HEAR IT, UH, AT THE HEARING.
SO THAT CONCLUDES THE BRIEFING OF DALLAS CITY PLAN COMMISSION.
IT IS 11:48 AM AND, UH, ENJOY YOUR LUNCH COMMISSIONERS.
WE'LL BE BACK, UH, FOR THE HEARING AT 1230.
MS. PINA, CAN YOU PLEASE START US OFF WITH OUR CALL? YES, SIR.
DISTRICT ONE, SHE'S IN THE BACK.
THANK YOU VERY MUCH MS. BESINA.
GOOD AFTERNOON LADIES AND GENTLEMEN.
TODAY IS THURSDAY, OCTOBER 19TH, 1239.
WELCOME TO THE DALLAS CITY PLAN COMMISSION.
UH, COUPLE OF QUICK ANNOUNCEMENTS BEFORE WE GET STARTED.
UH, THE FIRST ONE IS YOU'LL FIND THESE LITTLE Y YELLOW FORMS DOWN HERE AT THE DESK, AT THE BOTTOM RIGHT.
UH, WE DO REALLY NEED A RECORD OF YOUR VISIT WITH US HERE TODAY.
SO AT SOME POINT TODAY, PLEASE COME DOWN AND FILL ONE OF THESE OUT.
YOU CAN JUST LEAVE IT ON THE DESK ALSO THERE ON THE DESK YOU WILL FIND, UH, COPIES OF THE AGENDA IN CASE YOU NEED ONE.
WE'RE GONNA HAVE SOME SPEAKERS ONLINE AND I WILL ASK ALL SPEAKERS TO PLEASE BEGIN YOUR COMMENTS WITH YOUR NAME AND ADDRESS FOR THE RECORD.
UH, PER ALL RULES, EACH SPEAKER WILL RECEIVE THREE MINUTES TO SPEAK.
MS. PINA WILL KEEP TIME AND WE'LL LET YOU KNOW WHEN YOUR TIME IS UP.
FOR OUR SPEAKERS ONLINE, PLEASE MAKE SURE THAT YOUR CAMERA IS ON AND WORKING.
WHEN YOU SPEAK STATE LAW REQUIRES US TO SEE YOU IN ORDER TO HEAR FROM YOU.
UH, AND WITH THAT COMMISSIONERS, WE'RE GONNA GO AHEAD
[1. 23-2692 An application for a minor amendment to an existing development and landscape plan on property zoned Tract B2 & B3 within Planned Development District No. 308, at the northeast corner of Forest Lane and Webb Chapel Road. ]
AND GET STARTED RIGHT INTO THE DOCKET WITH THE MINOR AMENDMENT AND MS. BLUE, GOOD AFTERNOON.UH, ITEM NUMBER ONE M 2 23 DASH 0 2 3.
A APPLICATION FOR A MINOR AMENDMENT TO EXISTING DEVELOPMENT PLAN AND LANDSCAPE PLAN ON A PROPERTY ZONE TRACK B TWO AND B THREE IN PLAN DEVELOPMENT DISTRICT NUMBER 3 0 8, UM, AT THE SOUTHWEST CORNER OF FOREST LANE AND WEBB CHAPEL ROAD.
STAFF RECOMMENDATION, APPROVAL.
IS THERE ANYONE HERE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? COMMISSIONERS, ANY QUESTIONS FOR STAFF? OKAY.
COMMISSIONER HALL, DO YOU HAVE MOTION, SIR? THANK YOU CHAIR.
I DO, UH, EXCUSE ME, UH, IN THE MATTER OF, UH, CASE NUMBER M 2 23 0 2 3, I MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE THIS ITEM.
SUBJECT TO STAFF'S RECOMMENDATION, WHICH WAS TO APPROVE MINOR AMENDMENTS TO AN EXISTING DEVELOPMENT AND LANDSCAPE PLAN.
UH, THIS CONSISTS GENERALLY OF, UH, BUILDING A GENERATOR YARD IN THE BACK OF A LARGE BUILDING, SACRIFICING A A FEW PARKING SPACES.
THANK YOU VERY MUCH FOR YOUR MOTION.
COMMISSIONER HALL, COMMISSIONER HOUSEWRIGHT FOR YOUR SECOND.
ANY DISCUSSION PLEASE? UH, MR. CHAIR, DOES THIS INCLUDE BOTH CONSENT ITEMS? UM, TWO AND THREE? MISCELLANEOUS? OH, MISCELLANEOUS.
ANY OTHER QUESTIONS, COMMENTS, COMMISSIONER C? NONE.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
[2. 23-2683 An application for an MC-1 Multiple Commercial District on property zoned a CR Community Retail District, an NS(A) Neighborhood Service District, and an MF-2(A) Multifamily District, on the west corner of South Fitzhugh Avenue and Gaisford Street. ]
AND GENTLEMEN, WE'RE NOW MOVING ON TO THE ZONING CASES CONSENT AGENDA.[02:35:01]
ON PAGE TWO.THERE ARE CASES TWO AND THREE, THEY WILL BOTH BE DISPOSED OF IN ONE MOTION, UNLESS THERE'S SOMEONE HERE THAT WOULD LIKE TO BE HEARD ON, ON EITHER OF THESE TWO ITEMS. TWO OR THREE.
WOULD YOU LIKE TO BE HEARD ON NUMBER NUMBER TWO? OKAY.
WE'LL READ NUMBER TWO INTO THE RECORD, PLEASE.
AN APPLICATION, UH, EXCUSE ME.
Z 2 12 3 43 IS AN APPLICATION FOR AN MC ONE MULTIPLE COMMERCIAL DISTRICT ON PROPERTY ZONE, A CR COMMUNITY RETAIL DISTRICT IN N S A NEIGHBORHOOD SERVICE DISTRICT, AND AN MF TWO MULTIFAMILY DISTRICT ON THE WEST CORNER OF SOUTH PIT AVENUE IN GA BURG STREET.
I SEE THAT THE APPLICANT IS HERE.
ALL TODAY, UH, WE HAVE THIS ZONING CASE BEFORE YOU AS A PART OF A COMPREHENSIVE PLAN.
UH, I LIVE AT 25 25 AAM STREET.
WE'RE THE NONPROFIT PARTNER FOR THE CITY OF DALLAS THAT HAS BROUGHT THIS FORWARD AS THE FIRST STEP IN THE CREATION OF A LARGE COMMUNITY PARK THAT WILL BE LOCATED IMMEDIATELY ADJACENT TO THIS.
THIS IS A LARGE SURFACE LOT, UH, THAT HAS TRADITIONALLY SERVED THE STATE FAIR OF TEXAS AND DOS EQU AMPHITHEATER IN ORDER TO MAINTAIN THE TENANT ENTITLEMENTS THAT ARE ALREADY APPROVED IN THOSE LEASES AND DELIVER ON THE PORTION OF THE MASTER PLAN FOR THIS SITE.
APPROVED ALREADY BY THE CITY OF DALLAS, UH, PARK AND REC DEPARTMENT, AS WELL AS THE CITY COUNCIL.
SOME TWO YEARS AGO, WE'VE BEEN ENGAGED IN A NUMBER OF COMMUNITY ENGAGEMENT PROCESSES TO FINALLY ATTUNE SOMETHING THAT WILL ALLOW US TO MAINTAIN THE ENTITLEMENT FOR THE NUMBER OF STALLS, WHILE BEING VERY THOUGHTFUL ABOUT PUTTING THE PARK BACK IN FAIR PARK, UH, REDUCING THE HEAT ISLAND IMPACT, UH, MITIGATING SOME OF THE STORM WATER, UH, CONDITIONS THAT WE SEE IN A VERY LARGE OCEANIC, UH, PARKING LOT.
AND WE'RE REALLY EXCITED FOR YOUR CONSIDERATION TODAY.
THERE MAY BE QUESTIONS FOR YOU, MR. CROWLEY.
CARL CROWLEY, 2201 MAIN STREET, DALLAS, TEXAS.
UM, I JUST WANT TO TALK REAL QUICK ABOUT THE ZONING.
WE'VE GOT A PRESENTATION, SO IF WE'VE GOT QUESTIONS, WE COULD PROBABLY FEED SOME OF THE ANSWERS OFF OF THAT.
BUT, UM, AS, AS MICHAEL SAID, THIS IS A CONGLOMERATION OF THREE DIFFERENT ZONING CATEGORIES.
UM, REALLY THE REASON WE'RE HERE, AND, AND BRIAN WAS GONNA MENTION IT, IS ABOUT TWO FEET IN HEIGHT.
UM, UH, THE CR DISTRICT ALLOWS 54 FEET IN HEIGHT.
WE NEED 56 FOR A FOUR STORY GARAGE.
THE MULTIFAMILY IS 36 AND THE N S IS 30 ISH FEET IN HEIGHT.
SO IT WAS, UH, CONGLOMERATION AND IT WAS LIKE, OKAY, WHAT CATEGORY FITS OUR NEEDS HEIGHT WISE IS THE LEAST, UH, INTRUSIVE OF SORTS.
AND I SAID, UH, MC ONE, IT'S NEVER, EVER USED HARDLY.
SO IT IS THE ORPHAN ZONING DISTRICT OF THE CITY.
SO, UM, THAT'S THE PURPOSE OF MC ONE.
IT ALLOWS THE PARKING GARAGE, IT ALLOWS OUR HEIGHT, UM, AND IF WE'VE GOT QUESTIONS, THE PRESENTATION TALKS ABOUT HOW IT LOOKS IN THE PARK AND EVERYTHING, BUT WE'RE LIMITED ON TIME, BUT WE CAN ANSWER IT WITH QUESTIONS.
IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? COMMISSIONER'S QUESTIONS FOR OURS? SHE'S A SPEAKER.
CAN YOU ALL PRESENT THE PRESENTATION SO THAT THEY CAN GET, SO THE COMMISSIONERS CAN GET A KIND OF IDEA OF WHAT WE, UM, WHAT WAS GIVEN, SUCH AS HOW THE PARKING GARAGE MIGHT LOOK? UM, YEAH.
UM, BRIAN, CAN YOU JUST, BRIAN, BRIAN, WE'LL TALK FAST.
BRIAN, COULD YOU SPEAK TO, IS THERE POSSIBLE THAT YOU CAN SPEAK TO, UM, SOME OF THE COSMETIC LOOKS THROUGH ABSOLUTELY.
SIT SO FAR BACK AND THE OBSERVATION ON TOP, AND SOME OF THE COMMISSIONERS HAD QUESTIONS CONCERNING, UM, RETAIL.
WE DID TELL THEM IT'S GONNA BE ON THE PARK.
SO CAN YOU SPEAK TO THAT? ABSOLUTELY.
UM, OKAY, LET'S MOVE TO, UH, THE NEXT SLIDE, PLEASE.
HERE YOU SEE THE CONFIGURATION OF WHAT WILL BE PHASE ONE OF THE PARKING GARAGE.
WE HAVE TO BUILD THIS IN MULTIPLE PHASES.
DUE TO THE COMPLEXITY OF THE TRUNCATED BUILD SEASON ON FAIR PARK PROPERTY, DUE TO THE HEAVY OPERATIONS OF THE STATE FAIR OF TEXAS, YOU SIMPLY CAN'T BUILD WHILE WE HAVE THAT MANY PEOPLE IN THE PARK AT ONE TIME.
[02:40:01]
NEXT SLIDE PLEASE.HERE YOU SEE THE CURRENT CONDITION AS WELL AS THE FOOTPRINT OF THE COMMUNITY PARK AND THE PARKING GARAGE AS WAS DESIGNATED THROUGH A VERY LONG SERIES OF COMMUNITY ENGAGEMENT SESSIONS TO BUILD THE MASTER PLAN, AS WELL AS THE PLANS FOR BOTH THE COMMUNITY PARK AND THE GARAGE.
UM, IT IS VERY MUCH THE INTENTION TO, TO USE FORMER MAYOR MIKE RAWLINGS EXPRESSION, PUT THE PARK BACK IN FAIR PARK.
SO THIS IS A, UH, AESTHETIC AND GREENING INITIATIVE, NOT JUST THE DEVELOPMENT OF PARKING GARAGE.
VERY SIMPLY, THIS WILL ALLOW US TO MAINTAIN OUR TENANT ENTITLEMENTS FOR CONTRACTS WHICH PRE-EXISTED OUR CONDITION, AND ALLOW US TO EFFECTIVELY OPERATE AS FAIR PARK AND STILL UNDERWRITE A TREMENDOUS SAVINGS TO THE CITY OF DALLAS AS WE HAVE FOR THE LAST FIVE YEARS.
HERE YOU SEE A RENDERING THAT WAS RELEASED APPROXIMATELY A YEAR AGO THAT SHOWS A VERY AESTHETIC APPROACH TO BOTH THE PARKING GARAGE AND THE PARK.
UH, THE PARK IS THE REASON WE ARE DEVELOPING THIS PROJECT.
IT HAS BEEN PROMISED TO OUR NEIGHBORS FOR OVER 46 YEARS, UH, SINCE THE CITY OF DALLAS, IN COORDINATION WITH OTHER ENTITIES, UH, TOOK OVER 350 BLACK HOMES FROM THE SURROUNDING COMMUNITY WITH EMINENT DOMAIN.
YOU'LL NOTICE THAT THIS IS A BERMED PROJECT WITH A HEAVY INVESTMENT ON GREEN SPACE AND BERING WITH THE INTENTION OF HIDING IT IN PLAIN SIGHT.
UH, SIMPLY PUT, WE CANNOT GO DOWN IN THIS LOCATION BECAUSE THERE ARE TWO CREEKS THAT ARE NOT DAY LIT UNDERNEATH THE SITE.
IN ADDITION TO THAT, THERE ARE SOME ENVIRONMENTAL CONDITIONS THAT ALLOW US, UH, TO NOT DIG DOWN PAST A CERTAIN POINT.
WE CAN ACCOMPLISH THE FOOTINGS OF THE GARAGE AND THE, UH, MAIN STRUCTURES IN THE COMMUNITY PARK WITHOUT MOVING FURTHER THAN THAT, THE TWO CONDITIONS TOGETHER MEAN THAT WE CANNOT MOVE FURTHER DOWN.
THIS EXPLAINS THE EXISTING CON UH, ZONING CONDITIONS AS WELL AS THE PROPOSED ZONING.
IN SHORT, THIS HAS NEVER BEEN CLEANED UP SINCE THE HOMES WERE TAKEN.
THAT'S WHY WE HAVE A MIXTURE OF VARIOUS ZONING AREAS ACROSS THIS.
WE NEED TO ACCOMMODATE THE HEIGHT FOR A SIMPLE FOUR LEVEL GARAGE WITH AN ELEVATOR OVERRUN.
AND IT'S ACTUALLY THE ELEVATOR OVERRUN THAT GIVES US CHALLENGES.
UM, WE HAVE SUFFICIENT HEIGHT FOR THE GARAGE ITSELF, BUT IF WE WOULD LIKE, UH, A D A GUESTS WHO MAY HAVE MOBILITY CHALLENGES TO BE ABLE TO GO TO THE TOP DECK, WE SIMPLY HAVE TO HAVE THE EQUIPMENT OVERRUN FOR THE ELEVATOR ITSELF.
THE IMPACTS OF THE PROPOSED ZONING.
THIS WILL ALLOW FOR THE CONSTRUCTION OF A PARKING GARAGE THAT ALLOWS FOR THE CONSTRUCTION OF AN 18 ACRE BEAUTIFUL COMMUNITY GREEN SPACE.
IT WILL IMPROVE SOME OF THE SURFACE, UH, TRAFFIC FLOW, BUT THERE IS NO RELATIVE IMPACT TO THE SURROUNDING STREET GRID OR TRANSPORTATION IMPACTS BECAUSE ALL WE'RE DOING IS CONSOLIDATING WHAT IS THERE INTO A LIFTED STRUCTURE.
IT WILL ALSO REMOVE THE EXISTING ZONING CONDITIONS AND REPLACE THEM WITH SOMETHING THAT IS CONSISTENT.
THIS WILL REDUCE THE OVERALL NUMBER OF STALLS IN THIS ONE LOCATION.
BUT THERE ARE A GREAT MANY OTHER STALLS AT PAR FAIR PARK, AND WE'VE BEEN WORKING VERY CAREFULLY WITH THE TENANT ORGANIZATIONS, WITH PD, WITH TRAFFIC, UH, AND THE TRANSPORTATION DEPARTMENT AS WELL AS N C T COG, WHO HAS A COORDINATED STUDY ON IMPROVING ALL OF THE SURFACE CONNECTIONS TO THIS.
UH, WE CAN MAINTAIN THIS NUMBER, IT WILL MEET THE CONTRACTUAL OPPORTUNITIES AND IT WILL ALLOW US TO BE EFFECTIVE.
THE MOST IMPORTANT THING THAT CAME OUT OF COMMUNITY ENGAGEMENT WAS AN ASK THAT THIS NOT BE, UM, IN, IN THE FACE OF OUR NEIGHBORS ACROSS THE STREET, THERE'S A RESIDENTIAL NEIGHBORHOOD ACROSS FITZ YOU AVENUE.
AND THAT IS WHY WE'VE TAKEN A GREENING APPROACH.
UM, WHILE YES, THE ZONING WOULD ALLOW FOR RETAIL, WE DO NOT ANTICIPATE ANY RETAIL ON THE GROUND LEVEL.
IN FACT, WE ARE NOT, UH, BUILDING THE, UH, SUBSURFACE AS WELL AS THE THE PAD, UH, IN A WATERPROOF FASHION.
WE NEVER ANTICIPATE USING THIS AS ANYTHING DIFFERENT.
WE DO ANTICIPATE, UH, GIVEN THE HEIGHT THE OPPORTUNITY TO, AT SOME POINT IN THE FUTURE, ON THE BASIS OF FUNDING, PUT SOME COMMUNITY IMPROVEMENTS ON TOP OF THE GARAGE, PERHAPS A SHADED PAVILION OR SOMETHING LIKE THAT, THAT PROVIDED A VIEW OF THE SURROUNDING AREA.
WE DON'T KNOW PRECISELY WHAT THAT LOOKS LIKE, BECAUSE THERE WERE SOME INTERESTING QUESTIONS RAISED THROUGH COMMUNITY ENGAGEMENT THAT WILL INVOLVE FURTHER ITERATIVE DESIGN IN ORDER TO CREATE THE BEST POSSIBLE IMPACT.
BUT WE KNOW IT WILL HAVE NO IMPACT, UH, TO THE EXISTING RETAIL ATMOSPHERE, OR TAKE THE CONDITIONS AWAY FROM BEING A PARKING GARAGE FOR A VERY WELL ACTIVATED COMMUNITY PARK.
AND THE REST OF THE ACTIVITIES YOU SEE AT FAIR PARK.
UH, HERE YOU SEE AN EXAMPLE OF THE FLYERS THAT WERE SENT OUT ALONG WITH AN ONLINE SURVEY.
UM, WE GOT THESE OUT TO, UH, 4,000 HOMEOWNERS THROUGH MAILERS AND A NUMBER OF OTHER INITIATIVES.
UH, AT THE REQUEST OF OUR, UH, COMMISSIONER, WE WORKED THROUGH A SERIES OF PUBLIC ENGAGEMENT MEETINGS THAT BUILT UPON, UH, THE OVER A THOUSAND COMMUNITY TOUCHPOINT THAT CREATED THE MASTER PLAN AND ULTIMATELY THIS DESIGN.
UH, THERE YOU SEE FURTHER INFORMATION ON THAT COMMUNITY SURVEY NEXT SLIDE.
AND HERE YOU SEE SORT OF A MAKEUP OF WHAT WE THINK THAT FUTURE PHASE WITH SOME SORT OF, UH, AMENITY DECK ON TOP OF THE GARAGE
[02:45:01]
COULD LOOK LIKE.UM, WE SHARE THIS BECAUSE WE WISH FOR THIS TO BE, UM, SOMETHING THAT INTEGRATES VERY WELL WITH THE COMMUNITY PARK AND KEEPS IT FROM BEING ANOTHER WALL THAT SEPARATES THE COMMUNITY.
AS THE BIG BLACK GATES AROUND FAIR PARK HAVE FOR MANY DECADES.
WE'RE GONNA BE TAKING THOSE DOWN.
WE'RE GONNA BE SOFTENING THEM.
THIS EDGE WILL BECOME MUCH MORE ACTIVE.
THIS IS INTENDED TO BE A GREEN CARPET, NOT A RED CARPET.
AND ULTIMATELY, WHAT IT'S ALL ABOUT IS A 14 ACRE COMMUNITY PARK WITH THREE OTHER ACRES OF GREEN SPACE CONNECTED TO THE GARAGE.
UM, WE SPECIFICALLY CHALLENGE THE DESIGNER NOT TO DESIGN THE GARAGE.
MAHAL, THEY RESPECTFULLY IGNORED ME AND CAME BACK WITH A DESIGN THAT WAS SUBSTANTIALLY MORE EXPENSIVE, AND YET WE THOUGHT WAS VERY RESPONSIVE TO, UH, THE QUESTIONS AND CONCERNS RAISED FROM OUR COMMUNITY.
UH, THERE YOU SEE SOME OF THE PLAY AMENITIES.
THEY'RE GONNA BE BUILT OUT ON THIS SITE.
UH, WE SIMPLY CAN'T BUILD THIS WITHOUT BUILDING THE GARAGE.
THERE YOU SEE A BEAUTIFUL MARKET GROWTH THAT'LL BE ACTIVATED ON A YEAR ROUND BASIS.
AND WE BRING THIS FORWARD TO ILLUSTRATE THAT ONE PROJECT IS DRIVING THE OTHER, AND THE INTENTIONALITY HERE IS NOT TO TAKE ADVANTAGE OF, OF AIRSPACE AND, AND PUT IN A MALL OR SOMETHING LIKE THAT, THAT SIMPLY WOULDN'T MAKE SENSE.
NOR WOULD IT BE ALLOWED IN A NATIONAL HISTORIC LANDMARK PROTECTED AT THE LOCAL, STATE AND FEDERAL LEVEL WITH DIRECT OVERSIGHT FROM THE DALLAS PARK AND RECREATION DEPARTMENT, AS WELL AS THE CITY COUNCIL.
UH, LAST BUT NOT LEAST, WE TOOK IN SOME ADDITIONAL INFORMATION ON A NEW STATE DESIGNATED CULTURAL DISTRICT.
ANYTIME WE'RE OUT IN THE COMMUNITY, WE TRY TO BE VERY THOUGHTFUL ABOUT HOW WE ENGAGE, AND HOPEFULLY THIS GIVES YOU SOME INSIGHTS NOT ONLY TO THE PROJECT ITSELF, BUT HOW WE GO ABOUT DOING OUR WORK.
SO DO THAT COMMUNITY ENGAGEMENT, YOU ALL WERE ABLE TO MODIFY SOME THINGS, UH, THAT YOU ALREADY HAD PUT TOGETHER.
UM, WE'RE STILL IN PROCESS ON SOME OF THOSE MODIFICATIONS.
UM, ONE OF THE THINGS THAT WE WANNA BE VERY THOUGHTFUL ABOUT IS THIS CONCERN RELATIVE TO HEIGHT.
UM, OBVIOUSLY WE DON'T YET HAVE ZONING THAT WOULD ALLOW FOR THE HEIGHT OF THIS DESIGN, AND THAT IS UP FOR THE CONSIDERATION OF YOU AND YOUR FELLOW COMMISSIONERS TODAY.
UH, IF IN FACT WE CANNOT GET THE ZONING AND HEIGHT ALLOWED FOR THIS DESIGN, WE WILL HAVE TO GO BACK TO THE DRAWING BOARD AND WE WILL HAVE TO ENCROACH FURTHER TOWARDS FITZ YOU AVENUE BECAUSE THERE'S A FINITE NUMBER OF STALLS THAT HAVE TO EXIST IN PROXIMITY TO THE SITE, AND THEY EITHER GO UP OR OUT CLOSER TO THE NEIGHBORHOOD.
SO THAT'S REALLY WHERE WE ARE.
WE HELD AT A HUNDRED PERCENT DD ON THIS PROJECT SO THAT WE COULD GET THROUGH TODAY'S CONVERSATION.
AND HAVE YOUR THOUGHTFUL CONSIDERATION REFLECTED IN THE FINAL PLAN SET? DID THE COMMUNITY HAVE A REASON THAT THEY WANTED TO MAKE SURE THAT IT DIDN'T APPROACH FURTHER, THAT THEY WOULD RATHER SEE IT GO UP THAN GO OUT SO THAT IT WOULDN'T BE IN THEIR FACE? UH, THE, THE OVERWHELMING VOICE THAT WE HEARD THROUGHOUT MANY YEARS OF TALKING ABOUT THIS PROJECT WAS, UH, FAIR PARK HAS FELT WALLED OFF, AND THEY WISH TO SEE THAT CONDITION SOFTENED.
THEY WISH TO FEEL WELCOME IN A SPACE THAT HAS NOT FELT WELCOMING.
UH, AND SO THE BERING, THE INTENTIONALITY OF CREATING THE HEIGHT IS DESIGNED TO KEEP IT AWAY FROM THAT WALL, UH, FITSU AVENUE IN OUR NEIGHBORS AND MAKE IT FEEL LESS, UH, A WALL, MUCH LIKE THE BLACK FENCES ARE TODAY.
AND SO THE DESIGN IS A DIRECT RESPONSE TO THOSE CONCERNS.
WHERE WERE YOU ALL THINKING OF GETTING THE ARTISTS THAT THAT WAS THE PAINT AND PUT MURALS ON THE PARKING GARAGE? 100%.
ALTHOUGH, UH, AS WITH ANY PUBLIC ART PROJECT, WE HAVE TO WORK WITH THE CITY'S OFFICE OF ARTS AND CULTURE.
WE WILL FUND THAT PORTION OF THAT PROJECT AND LOOK TO, UH, THE SOUTH DALLAS CULTURAL CENTER AND OTHER INDIVIDUALS, UH, ASSOCIATED WITH OAC C TO LEAD THE PROCESS FOR THE SOLICITATION OF THAT COMMUNITY ART WITH ART FROM LOCAL ARTISTS IN THE COMMUNITY.
AM I CORRECT? I, I CAN'T SPEAK TO WHAT OAC C MIGHT SELECT, BUT I I DO RECOGNIZE HOPEFULLY THAT HOPEFULLY IT WOULD BE A LOCAL ARTIST SO THAT IT MIGHT BLEND IN WITH THE, WITH THE AESTHETICS OF THE PARK.
UH, THAT'S ABSOLUTELY THE INTENTIONALITY.
THIS SHOULD FEEL AS THOUGH IT IS PART OF THE COMMUNITY, UH, APPROACHING FAIR PARK, NOT FAIR PARK APPROACHING THE COMMUNITY THAT HAS BEEN THE INTENTION THROUGHOUT.
WE BELIEVE THE DESIGN IS REFLECTIVE OF THAT.
HAVE WE CONSIDERED, UM, THAT FIRST FLOOR? I KNOW WE TALKED ABOUT NOT ADDING RETAIL TO IT.
UH, IT, UH, THERE ARE GONNA BE WAYS.
WE'VE WORKED A LOT AT THE HORSESHOE AT, UM, MAKING THAT FIRST FLOOR MORE PRESENTABLE WITH FENCING, HIDING KIND OF THE ENTIRETY OF THIS BUILD, UH, THIS PARKING GARAGE BUILD.
WE WILL HAVE, UH, A FACADE MATERIAL THAT IS AESTHETICALLY PLEASING AND IN KEEPING WITH THE DESIGN STANDARDS THAT YOU SEE HERE.
WE HAVE A LITTLE MORE DESIGN FLEXIBILITY IN THIS AREA OF FAIR PARK THAN WE MIGHT IN SOME OTHERS BECAUSE THIS IS A TRANSITION ZONE, NOT PART OF THE HISTORIC CORE.
AND WE'VE TRIED TO BE VERY THOUGHTFUL ABOUT THE DESIGN AND THE AESTHETICS THAT YOU SEE THROUGHOUT SOUTH DALLAS.
UH, A LOT OF THE DESIGN THAT YOU SEE HERE IS, UH, REPRESENTATIVE OF WHAT THE FINAL PRODUCT WILL LOOK LIKE.
WE JUST HAVE TO BE THOUGHTFUL ABOUT HOW WE INCORPORATE THOSE OFFICES OR OF ARTS AND CULTURE INTO THE PROCESS, BECAUSE EVENTUALLY THOSE WILL BECOME OFFICIALLY ACCESSIONED PIECES OF CITY ART.
AND THE SECOND QUESTION IS, WE THE CITY
[02:50:01]
OF THE COUNTRY, THE WORLD'S GOING A LOT INTO THE THE ECAR WORLD.ARE YOU GOING TO HAVE ANY SPACES DEDICATED FOR, UH, THOSE TYPES OF VEHICLE EV VEHICLES? YES.
THANK YOU, MR. WELL, WELL, FOR BEING HERE TODAY.
UM, CAN YOU SPEAK TO, I HEARD ALL OF THE COMMUNITY ENGAGEMENT, WHICH IS FABULOUS.
UM, TO HEAR THAT YOU'RE OUT IN THE COMMUNITY AND I KNOW YOU ALL DO A GREAT JOB.
HAVE YOU PRESENTED THIS, UM, TO LANDMARK COMMISSION YET? WE HAVE, AND, UH, WE DO HAVE THE CERTIFICATE OF APPROPRIATENESS.
UM, IT'S, IT'S QUITE INTERESTING WHEN YOU CARRY A PROJECT LIKE THIS THROUGH, UH, THEY ACTUALLY REPRESENT, THEY'VE RECOGNIZED THE DESIGN FLEXIBILITY THAT WE HAVE IN A TRANSITIONAL AREA.
AND IT WAS ACTUALLY EASIER TO GET THOSE APPROVALS AS WELL AS FROM THE TEXAS HISTORICAL COMMISSION IN AUSTIN THAN IT MIGHT BE TO DO, SAY, REPAIR WORK ALONG THE ESPLANADE, WHICH IS VERY PROTECTED.
COMMISSIONER HALL, WILL THERE BE ANY, UH, SURFACE PARKING IMMEDIATELY AROUND YOUR GARAGE? UH, THERE WILL BE APPROXIMATELY 350 STALLS THAT ARE MAINTAINED.
UM, IT, THERE IS A SLIDE THAT ILLUSTRATES THE OVERHEAD FOOTPRINT.
IF YOU'D GO BACK ABOUT THREE SLIDES, YOU CAN ACTUALLY SEE A PORTION OF THAT SURROUNDING IT.
AND THEN IF WE, UH, RIGHT THERE, YOU'LL BE ABLE TO SEE SOME OF THAT SURFACE PARKING DOWN GAINSFORD.
UM, WE WILL HAVE TO MAKE SOME IMPROVEMENTS TO GAINSFORD.
UM, IT'S, UH, CURRENTLY TWO LANES.
UH, I WOULD ARGUE SORT OF TWO AND A HALF BECAUSE THERE'S A DECOMPOSED CONDITION, UH, FROM SOME OF THE PAVING.
WE WILL HAVE TO IMPROVE THAT IN ORDER TO ACCOMMODATE THIS.
WILL TH WILL THOSE 300 SPACES BE SURROUNDED BY LANDSCAPING, IT LOOKS LIKE? YES, SIR.
ANY OTHER QUESTIONS FOR OUR SPEAKERS? COMMISSIONERS COMMISSIONER ANDERSON? THANK YOU, MR. CHAIR.
MR. ALLEN, THIS IS A, UM, REALLY EXCITING OPPORTUNITY FOR FAIR PART.
UM, MY QUESTIONS KIND OF REVOLVE AROUND THE CHANGE FROM COMMUNITY RETAIL AND NEIGHBORHOOD SERVICES, UM, AND THE INTERACTION BETWEEN THE COMMUNITY AND THE PARK ITSELF, KNOWING THAT, UM, I THINK THE COMMUNITY DOES NOT WANT THE PARK TO TURN ITS BACK, SO TO SPEAK, HOWEVER, NOT TO DO SOMETHING IN, IN THEIR FACE, AS YOU'RE SAYING.
SO I'M WONDERING ARE THERE ANY OPPORTUNITIES AT REPLACING SOME OF THE COMMUNITY? YOU CAN TELL, NOT NECESSARILY, BUT NEIGHBORHOOD SERVICES, UM, THAT MIGHT OFFER CERTAIN SPACES AND THINGS FOR THE COMMUNITY TO BE INVOLVED WITH THE PROJECT AS A TRADE OFF FROM CHANGING THIS TO A M C ONE? SO WE HAVE A NUMBER OF OPPORTUNITIES FOR LOCAL, UM, MERCHANTS, BUSINESSES OF VARYING SORTS TO PARTNER WITH FAIR PARK.
WE'VE REALLY EXPANDED QUITE A LOT OF PROGRAMS THAT ENHANCE THAT.
BUT VERY PARTICULARLY, THERE IS NO RETAIL IN THIS AREA THAT IS SIMPLY A PREEXISTING CONDITION FROM WHEN A SERIES OF HOMES AND SOME SMALL BUSINESSES WERE TAKEN THROUGH IMMINENT DOMAIN IN THE LATE 1960S AND EARLY 1970S.
UH, THIS HAS BEEN FOR A NUMBER OF DECADES, UH, WHAT IS OFTEN REFERRED TO AS, UH, AN OCEAN OF PARKING AROUND FAIR PARK.
AND SO NOTHING WILL BE TAKEN FROM THAT.
THIS IS FULLY INSIDE THE EXISTING FOOTPRINT OF FAIR PARK, WHICH IS DEFINED BY STATUTE AND SHALL NOT, AND WILL NOT BE EXPANDED.
DID FROM A NEIGHBORHOOD SERVICES STANDPOINT.
CAN YOU SPEAK TO IF THERE WILL BE ANY EFFORTS TOWARDS KIND OF RELIEVING THE NEIGHBORHOOD SERVICES NEED, UM, FOR THE SURROUNDING COMMUNITY AS OPPOSED TO JUST FOR THE PARK OR BEING INVOLVED WITH THE PARK AS IT INVITES THE SURROUNDING COMMUNITY, UM, TO REPLACE SOME OF THOSE NEIGHBORHOOD SERVICES? UN UNFORTUNATELY, I HAD A HARD TIME HEARING THE LAST PART OF YOUR QUESTION.
IF YOU COULD PLEASE ASK AGAIN.
I'D BE MORE THAN HAPPY TO ANSWER.
WELL, SO THE QUESTION REVOLVES AROUND NEIGHBORHOOD SERVICES AND IF THERE ARE ANY EFFORTS TO INCLUDE NEIGHBORHOOD SERVICES, UM, LIKE SHARED WORKING SPACES OR COMMUNITY SPACES IN THE PARKING GARAGE, OR ANY AREAS THAT THAT INTERFACE WITH THE SURROUNDING COMMUNITY AS TO HELP BEAUTIFY AND ENHANCE THE STREET STATE AS IT INTERFACES WITH FAIR PARK.
UH, I APPRECIATE THE QUESTION AND THANK YOU.
THERE ARE A NUMBER OF OPPORTUNITIES TO, UH, DO THAT.
IN FACT, ONE OF THE EXAMPLES WOULD BE THE REDEVELOPMENT OF THE FORMER NATURAL HISTORY BUILDING, WHICH HAS BEEN, UH, UNOCCUPIED SINCE 2012 INTO A NEW VISITOR CENTER FOR THE PARK THAT ALSO INCORPORATES THE COMMUNITY OFFICES FOR HOUSE DISTRICT 100 AND DISTRICT SEVEN.
UM, THERE ARE A NUMBER OF OPPORTUNITIES FOR THOSE BUSINESSES TO ALSO COME INTO THE PARK AND POTENTIALLY TENANT AND OPERATE.
UM, THERE'S OPEN RFIS FOR A NUMBER OF BUILDINGS, AND IN FACT WE HAVE, UH, PROJECTS, UM, THAT ARE COMMUNITY ASSOCIATION THAT WILL BE ADVANCING INTO LEASE APPROVALS WITH PARK BOARD IN THE NEAR FUTURE, UH, NOT IN THIS PARTICULAR AREA.
AGAIN, BECAUSE THIS IS DEFINED, UH,
[02:55:01]
AS PART OF THE MASTER PLAN TO MAINTAIN THE, THE PARKING CONDITION ALONG FITZ U AVENUE, THERE WOULD BE IMMENSE SENSITIVITY TO SHIFTING THAT FROM MANY OF THE SURROUNDING PROPERTY OWNERS WHO ALSO PARTICIPATE IN THE FAIR PARK CROWN OFFICIAL LICENSED PARKING PROGRAM FOR OUR ACTIVITIES DURING THE STATE FAIR OF TEXAS, AS WELL AS THE SEASON OF THE DOCE AMPHITHEATER.UH, IN ORDER TO MAINTAIN THIS CONDITION AND THE DESIRABILITY OF PROXIMITY PARKING FOR THOSE, UH, THIS IS THE MOST APPROPRIATE LAND USE.
MR. ALLEN, THANK YOU FOR, UM, FOR THE EFFORTS AND THINGS THAT YOU GUYS ARE PUTTING HERE AT FAIR PARK AND FOR MISSING INTO COMMUNITY, UM, I, AND ALSO FOR TAKING THE AESTHETIC APPROACH THAT YOU HAVE WITH THE PARKING GARAGE.
UM, I THINK IT'S A REALLY ING AND A GREAT OPPORTUNITY FOR FAIR PARTY.
THANK YOU, MR. WELCOME AND THANK YOU MR. CHAIR.
COMMISSIONERS, ANY OTHER QUESTIONS FOR OUR SPEAKERS? QUESTIONS FOR STAFF? SEEING NONE, COMMISSIONER, WE, I MOVE TO CLOSE THIS, UH, PUBLIC IN THE MATTER OF WHERE AM I? WHERE I'M AT JULY TODAY, 2 1, 2 3, 4 3.
IN THE MATTER OF Z TWO 12 DASH 3 43.
I MOVE TO CLOSE THIS PUBLIC HEARING AND FOLLOW STAFF RECOMMENDATION OF APPROVAL.
THANK YOU VERY MUCH FOR YOUR MOTION.
COMMISSIONER RUBIN FOR YOUR SECOND COMMENTS.
COMMISSIONER WHEELER, RECOGNIZE FOR FIVE MINUTES.
I WANT TO COMMEND, UM, BRIAN, UM, ON WHEN I CAME WITH THE CONCERN OF MEETING WITH THE COMMUNITY, HE DID THAT IMMEDIATELY.
ONE OF THE CONCERNS WAS, IT ALWAYS WILL BE THAT THERE IS, THERE IS COMMUNITY BUSINESSES THAT, THAT HAVE BECAME BUSINESSES BECAUSE THEY HAVE A PARKING, THEY PAY FOR A PARKING, UM, PERMIT AND THEY USE THAT MONEY TO FINANCE SOMETIME THEIR WHOLE YEAR AND MAKING SURE THAT THAT WOULD NOT BE, THAT THAT WOULD, THIS PARKING GARAGE WOULD NOT TAKE AWAY FROM THEM.
AND ALSO ON THE AMAZING PARK THAT'S COMING, UM, THE PARK THAT'S COMING IS SIMPLY BANANAS.
IT IS BETTER THAN ANYTHING I'VE SEEN IN A LONG TIME.
IT'S GOING TO MEET THE NEEDS OF THE COMMUNITY, THOSE WHO ARE COMING INTO THE COMMUNITY AND BE AN ASSET.
AND TO KNOW THAT FOR PARK IS GONNA BE WORKING WITH BUSINESS OWNERS AND PROPERTY OWNERS ALONG LAGO AND SECOND AVENUE TO EXPAND AND MAKE A NICE DISTRICT ENTERTAINMENT DISTRICT ALONG WITH OTHER BUSINESSES THAT'S GONNA HELP PROMPT ECONOMIC DEVELOPMENT IN THAT AREA THAT HAS BEEN LEFT BEHIND.
SO THANK YOU SO VERY MUCH FOR MEETING THE NEEDS.
I KNOW THAT SOMETIME I'M A LOT, BUT I LOVE SOUTH DALLAS BEYOND ANYTHING THAT I CAN EVEN IMAGINE.
I CAN GO TO ANOTHER NEIGHBORHOOD AND LOVE IT.
ANY OTHER COMMENTS? COMMISSIONERS? OKAY.
SEEING NONE OF THOSE IN FAVOR, PLEASE SAY AYE.
ANY OPPOSED? AYES HAVE, IT'LL GO TO CASE NUMBER
[3. 23-2684 An application for a Specific Use Permit for a utility or government installation other than listed limited to an elevated water storage reservoir on property zoned a CS Commercial Service District on the east line of Executive Drive, north of East Northwest Highway. ]
THREE.CASE NUMBER THREE IS Z 2 2 3 2 4 7.
IT'S AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A UTILITY OF GOVERNMENT INSULATION OTHER THAN LISTED, LIMITED TO ELEVATED WATER STORAGE RESERVOIR ON PROPERTY ZONED A CSS COMMERCIAL SERVICE DISTRICT ON THE EAST LINE OF EXECUTIVE DRIVE NORTH OF EAST NORTHWEST HIGHWAY.
RECOMMENDATION IS APPROVAL OF SUBJECT TO A SITE PLAN AND CONDITIONS.
THANK YOU VERY MUCH, MR. PIPE.
IS THERE ANYONE HERE THAT'D LIKE TO SPEAK ON THIS ITEM? COMMISSIONERS, ANY QUESTIONS FOR STAFF? SEEING NONE.
COMMISSIONER SLEEPER, DO YOU HAVE A MOTION, SIR? YES, I'D LIKE TO.
IN THE MATTER OF 2 23 2 4 7, I'D LIKE TO MOVE THE WE CLOSE THE PUBLIC HEARING, FOLLOW THE STAFF RECOMMENDATION OF APPROVAL SUBJECT TO A SITE PLAN AND CONDITIONS.
THANK YOU VERY MUCH FOR YOUR MOTION.
AND, UH, COMMISSIONER RUBIN FOR YOUR SECOND.
[4. 23-2685 An application for an amendment to and a renewal of Specific Use Permit No. 1817 for a private school and open enrollment charter school on property zoned an R-7.5(A) Single Family District, on the north line of Bruton Road; between Leroy Road and Cheyenne Road. Staff Recommendation: Approval for a five-year period with eligibility for automatic renewals for additional five-year periods, subject to a site plan, a traffic management plan, and conditions. ]
ITEM FOUR IS Z 2 12 2 77.IT'S AN APPLICATION FOR AN AMENDMENT TWO AND A RENEWAL OF SPECIFIC USE PERMIT NUMBER 1817 FOR PRIVATE SCHOOL AND AN OPEN ENROLLMENT CHARTER SCHOOL AND PROPERTY ZONED IN R POINT R 7.5, A SINGLE FAMILY DISTRICT ON THE NORTH LINE OF BURTON ROAD BETWEEN LEROY ROAD AND CHEYENNE ROAD STAFF.
RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL FIVE YEAR PERIODS SUBJECT TO A SITE PLAN AS BRIEFED TRAFFIC MANAGEMENT PLAN AND CONDITIONS.
I SEE THAT THE APPLICANT IS HERE.
[03:00:01]
ELM STREET, SUITE B IN DALLAS.CAN YOU SEE MY PRESENTATION? NOT YET.
I, I THINK I'M MISSING THE PART ABOUT, THERE WE GO.
ARE YOU RUNNING THAT OR AM I RUNNING THAT? OKAY.
ROB BALDWIN, 3 9 0 4 ELM STREET SUITE.
UH, I'M WANT GO DO MY FULL PRESENTATION.
WE DID A GREAT JOB OF THAT LAST TIME.
I THINK THE ISSUE THE LAST TIME WAS DRAINAGE THAT, UH, LED FROM OUR SITE TO THE NORTH INTO THE ALLEY.
THIS IS A, THIS IS OUR LOCATION HERE ON BRUTON ROAD.
WE'RE WE'RE OUTLINED IN THE RED AND THE FIELD BEHIND US.
IT, UH, IT'S THE ISSUE DRAINING TO THE NORTH.
THIS IS OUR ORIGINAL SITE PLAN.
UH, AND THIS ONE, IT'S GONNA BE HARD TO SEE, BUT WE HAD A DETENTION POND, A STANDARD DETENTION POND WITH THE STEEP SIDES AND THE, AND THE, UH, FENCE AROUND IT TO TAKE CARE OF THE, THE WATER.
COMING OFF OUR PROPOSED NEW BUILDING AT THE, UH, NEIGHBORHOOD MEETING, WE FOUND OUT THERE'S CONCERNS ABOUT PROPOSED DRAINAGE COMING OFF OUR SITE AND EXISTING DRAINAGE THAT IS OCCURRING.
SO THIS IS A RUDIMENTARY DRAINAGE MAP.
IF YOU SEE THE RED TRIANGLE AREA, THAT IS OUR DRAINAGE AREA.
SO THIS IS WHERE ALL THE WATER THAT FALLS WITHIN THAT RED AREA DRAINS TO THE ALLEY AND FOLLOWS A INE COLORED LINE INTO A, A DETENTION BASIN.
THAT, THAT'S THE PURPOSE OF IT.
THE PROBLEM IS THAT ALLEY IS NOT, IS NOT DESIGNED TO ACCOMMODATE ALL THE WATER THAT'S HAPPENING TODAY.
SO WE TOOK UPON OURSELVES TO, UH, CHANGE IT.
INSTEAD OF THE DETENTION POND, THE, YOU KNOW, THE DEEP STEEP WALLED SIDE, WE'RE PROPOSING TO DO A DETENTION BASIN WITH, WITH A BERM.
90% OF THE TIME WHEN IT RAINS, ALL THE WATER WILL DRAIN TO OUR NORTHWEST CORNER.
IT WILL STORE THERE AND THEN DRAIN OUT SLOWLY INTO THE ALLEY, UH, LIKE IT'S INTENDED TO DO.
BUT IT'LL GO FROM 39 CUBIC FEET PER SECOND TO 26 FEET PER SECOND.
UM, AND SO IT'S GOING TO REDUCE IT SIGNIFICANTLY AND LET IT OUT AT A, AT A LONGER, UH, DURATION AS TO REDUCE THE FLOODING IN THE AREA.
WE MET, HAD A NEIGHBORHOOD MEETING, UH, COMMISSIONER WHEELER WAS KIND ENOUGH TO, UH, ACCOMMODATE THAT.
UH, MET WITH THE NEIGHBORS, HAD CONCERNS, AND I THINK WE ANSWERED ALL THEIR QUESTIONS.
I HOPE I'VE ANSWERED YOUR QUESTIONS AND I'M HERE TO ANSWER ANY, UH, COMMENTS YOU MAY HAVE.
IS THERE ANYONE ELSE WHO'D LIKE TO SPEAK ON THIS ITEM HERE? WE DO HAVE, UH, OUR ENGINEER AND ARCHITECT ONLINE IN CASE WE NEED 'EM.
SIR, I SEE MR. WALLACE AND, UH, MR. MAREK RIGHT? IF WE NEED 'EM, THEY'RE HERE.
I'M, I'M HERE TO, I I CAN PROBABLY HANDLE THOSE QUESTIONS.
IS THERE ANYONE ELSE BEFORE WE GO TO OUR ONE SPEAKER IN OPPOSITION? YOU HERE TO SPEAK ON THIS CASE? YOU WE'RE, I'M SORRY.
SIR, IF, IF YOU HAVE A QUESTION OR YOUR COMMENT ON THIS ITEM, I INVITE YOU TO COME DOWN TO THE MICROPHONE.
PLEASE BEGIN YOUR COMMENT WITH YOUR NAME AND ADDRESS FOR THE RECORD.
SIR, MY NAME IS BRAD ABRAMS. I DRIVE BY THIS NEIGHBORHOOD ALL THE TIME BY THE SCHOOL.
THEY HAVE A POLICE OFFICER IN THE STREET IN THE MIDDLE OF THE DAY AND IN THE MORNING.
UM, HOW ARE YOU PROTECTING THE CHILDREN AT THE SCHOOL FROM GETTING INTO THAT AREA? 'CAUSE NOW YOU'RE SAYING IT'S A GRASSY AREA, RIGHT? UM, SO THE SCHOOL, THE CHILDREN WILL NOT BE OUT THERE UNATTENDED.
UH, IT IS A, A, A SHALLOW SWELL.
IT'S NO DEEPER THAN TWO AND A HALF, THREE FEET.
SO WHEN IT'S RAINING AND THERE'S WATER THERE, WE'RE NOT GONNA LET THE KIDS OUT THERE AND PLAY IN THE WATER.
YEAH, BECAUSE I'VE SEEN THE KIDS RUNNING AROUND.
BUT WHEN IT'S RAINING AND THERE'S WATER, THEY'RE, THE KIDS WILL NOT BE RUNNING AROUND.
WE DO HAVE ONE ONLINE SPEAKER IN OPPOSITION.
[03:05:01]
UM, TO THE COMMISSION? UM, I RESIDE, MY NAME IS CAMILLE WHITE.I'M HERE AS CAMILLE WHITE PUBLIC CITIZEN THAT RESIDES WITHIN, UH, THE AREA.
AND I AM HERE SPEAKING OUT IN OPPOSITION OF THIS, UH, NEW ZONING.
THIS SCHOOL HAS BEEN IN THE COMMUNITY FOR QUITE SOME TIME.
THERE'S NOT A PROBLEM WITH WITH THAT, BUT THERE HAS BEEN A PROBLEM WITH FLOODING SINCE THEY HAVE STARTED, UH, CHANGING THE SCOPE OF THE PLAYGROUND DOWN THROUGH THE YEARS.
AND WHAT HAS BEEN HAPPENING IS THAT IT HAS BEEN FLOODING ON THE STREET THAT BUTTS UP AGAINST THAT PROPERTY, WHICH IS BLACK JACK OAKS, UH, EXCUSE ME, WATER OAKS DRIVE.
AND THERE WAS A PARTICULAR CITIZEN THAT RESIDED AT, HER NAME WAS MA JEWEL REEVES.
UNFORTUNATELY, SHE PASSED AWAY.
I WISH SHE WAS HERE BECAUSE SHE HAS A LIST OF ZONING ISSUES THAT SHE HAS BEEN COMPLAINING, UH, WITH THE CITY ABOUT THIS FLOODING ON THE STREET FOR A NUMBER OF YEARS.
THAT STILL TO THIS DAY HAS NOT BEEN ADDRESSED.
AS A MATTER OF FACT, AS I WAS WALKING AND GATHERING SIGNATURES, UH, FOR THIS, WE HAVE MORE OPPOSITION THAN WHAT YOU ACTUALLY SEE.
IT WAS MY FAULT THAT I MADE AN ERROR WITH THE, UH, BLUE FORMS. UH, WE, UM, AND I, AND I HAVEN'T GOTTEN TO ALL THE AREAS ON THE, THE RESIDENCE ON THAT STREET, BUT THE STREET IS FLOODING.
THE CITIZEN THAT I DID SPEAK WITH, MS. GUADALUPE GUADALUPE, SHE STATED THAT SHE CAN'T RIDE HER BACK WHEN IT RAINS BECAUSE OF THE FLOODING.
AND REMIND YOU, I DID SAY THIS FLEET, THIS STREET HAS NOT ALWAYS BEEN FLOODING UNTIL THEY STARTED THE CHANGING OF THE LANDSCAPE AT THE SCHOOL.
AND WE ALSO HAVE A ISSUE THAT, UH, IT'S LANDLOCKED.
SO YOU'RE FLOWING WATER ONTO A, A PAR, WHETHER IT'S A BUILDING ON THE PROPERTY OR NOT, YOU'RE FLOWING WATER ONTO SOMEONE ELSE'S PROPERTY.
WHEN THEY DO GET READY TO DO, UH, SOME DEVELOPMENT TO IT, THEY GOTTA ADDRESS THAT SITUATION WITH MORE WATER FLOWING ON THEIR PROPERTY.
I ALSO LIKE TO MENTION THAT THIS WATER BASIN THAT THEY'RE MENTIONING, THE FIRST MEETING THAT WE HAD HAD, UM, IT, IT WAS IN THE, IT WAS DESIGNED TO BE IN THE MIDDLE, CLOSER TO THE SCHOOL.
AND, UH, THE COMMISSIONER, DISTRICT SEVEN, UH, SHE DID REQUEST FOR US TO HAVE ANOTHER MEETING.
AT THE SECOND MEETING, THE BASIN WAS MOVED TO THE BACK OF THE SCHOOL'S PROPERTY, WHICH IS GOING TO BE A BUTTON UP AGAINST THAT COMMUNITY ON WATER OAKS I JUST MENTIONED THAT HAS THE FLOODING ISSUE.
SO MY CONCERN IS NOT ONLY WITH THE FLOODING ISSUE THAT IS CURRENTLY TAKING PLACE, THERE'S GONNA BE ADDITIONAL DRAINAGE ALSO EVERY YEAR.
THE CITY IS TELLING US WE SHOULDN'T HAVE STANDING WATER BECAUSE OF THE, THE MALARIA EXCEPT FOR THE HEAT HAIL DAYS THAT WE JUST HAD RECENTLY IN, UH, HAIL DALLAS AS TEMPERATURES WERE A HUNDRED PLUS DEGREES, UH, WHICH I KNOW WE ALL SUFFERED AND HAD, UH, LANDSCAPE TO DIE.
SO THOSE ARE THE ISSUES THAT I'M LOOKING AT.
I'M ALSO LOOKING AT TRAFFIC FLOW BECAUSE WHEN THE CITY DID A TRAFFIC STUDY AT THE CORNER OF BRODEN AND ST.
AUGUSTINE, UH, THEY ALLOWED ANOTHER SCHOOL TO COME AND IT'S AWFUL THERE.
AND THAT TRAFFIC IS ALSO COMING FROM THAT DIRECTION INTO, UH, THE AREA AS IF YOU'RE HEADING INTO BOX SPRINGS AS WELL.
I WOULD ALSO LIKE TO POINT OUT THAT THERE'S THREE LANES ON THE DALLAS SIDE, BUT THE BOX SPRINGS IS A SINGLE LANE HIGHWAY.
I AM CLAUDIA WOODRUFF, 1 0 5 7 1 BLACKJACK OAKS DRIVE.
I'M A RESIDENCE IN THE, UH, NOTIFICATION AREA.
AND, UM, I, UH, MIRROR SOME OF THE SAME CONCERNS THAT MS. WHITE HAS.
UH, ONE OF MY, UH, CONCERNS IS DEFINITELY TRAFFIC BECAUSE, UM, I'VE BEEN THERE IN THE COMMUNITY FOR 34 YEARS AND WE, I'VE SEEN, YOU KNOW, THE ADDITION OF CHARTER SCHOOLS, CHARTER SCHOOLS, CHARTER SCHOOLS, AND UH, JUST LIKE SHE MENTIONED ON THE CORNER OF BREWTON AND ST.
AUGUSTINE, IT'S JUST, IT'S JUST ATROCIOUS.
YOU KNOW, IF YOU'RE THERE ANYWHERE NEAR THE THREE O'CLOCK HOUR, YOU JUST, YOU KNOW, IT'S JUST TERRIBLE.
AND, UH, BECAUSE THERE'S TWO SCHOOLS, THERE'S A CHARTER SCHOOL AND A PUBLIC SCHOOL, AND THEN DOWN THE WAY, MAYBE A BLOCK IS ANOTHER ONE.
SO IT'S JUST TRAFFIC, TRAFFIC, TRAFFIC.
SO IN MY OPINION, ANOTHER UH, UH, TRAFFIC, UH, EVENT OR SITUATION IS, IS REALLY NOT ACCEPTABLE.
ANOTHER THING IS THEY MENTIONED WANTING TO EXPAND THE SCHOOL, YOU KNOW, SO THEY COULD HAVE ADDITIONAL CHILDREN AND THEN THEY WILL BE OLDER CHILDREN.
SO THAT TO ME WILL, UH, BRING ON THE, UH, FACT OF O OLDER CHILDREN POSSIBLY BEING WALKERS.
AND THAT BRUTON ROAD IS REALLY CERTAINLY NOT A NEIGHBORHOOD STREET.
AND I, I WOULD BE WORRIED CERTAINLY
[03:10:01]
AS A PARENT ABOUT, YOU KNOW, OLDER CHILDREN TRYING TO WALK AND CROSS BRUTON ROAD.AND, UM, THAT'S REALLY A CONCERN OF MINE.
THE FLOODING, I, YOU KNOW, I, I MENTIONED HOW LONG I'VE BEEN THERE IN MY RESIDENT, AND I TOO HAVE A LITTLE SPOT EVERY TIME IT RAINS RIGHT IN FRONT OF MY HOUSE.
IT'S, IT'S A DRAINAGE PROBLEM, UH, WHERE WATER ALWAYS STANDS IN MY H IN FRONT OF MY HOUSE FOR ABOUT A, A DAY OR TWO AFTER A RAIN EVENT.
AND I, AND YOU KNOW, I DID, UH, CONTACT THE CITY ABOUT THAT AND THEY MENTIONED THAT, OH, IF IT'S NOT LESS THAN 15, 16TH OF A CUBIC, WHATEVER THEY SAY, YOU KNOW, THEN WE, YOU KNOW, WE JUST WON'T DO ANYTHING ABOUT IT.
THE WATER DOES STAND, UH, IN FRONT OF MY HOUSE.
SO I'M, I'M, I'M REAL CONCERNED ABOUT, YOU KNOW, THE DRAINAGE ISSUE AND WHAT WHAT MIGHT BECOME OF, UH, YOU KNOW, THE SCHOOL CHANGING THE LANDSCAPING AND THE, AND ADDING DIFFERENT KINDS OF THINGS.
AND ANOTHER THING I WAS THINKING ABOUT IS, UH, THE DRAINAGE ABOVE GROUND.
YOU KNOW, I, I'M, I WAS UNDER THE, WELL, I KNOW IN MY NEIGHBORHOOD THE DRAINAGE IS BELOW 'CAUSE YOU KNOW, YOU CAN SEE IT GOING THROUGH THE LITTLE DRAIN.
IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM? COMMISSIONER'S QUESTIONS FOR THE APPLICANT? COMMISSIONER WHEELER.
COULD YOU TELL US ROUGHLY HOW FAR THE SCHOOL IS FROM ST.
AUGUSTINE AND BRODEN AND YEAH, FROM ST.
AUGUSTINE AND BRODEN? I DON'T HAVE THE, UH, I BELIEVE IT'S HALF A MILE, MAYBE A LITTLE BIT MORE.
I, I DON'T HAVE THE, THE EXACT ON MORE.
YEAH, IT'S, IT'S, IT'S A LONG WAY.
AND DOES IT SIT ON THE OPPOSITE SIDE OF THE SCHOOL AS THAT? AT THAT, UH, WHICH IS A D I S D SCHOOL, AM I CORRECT? RIGHT.
ALSO, IS THERE A VACANT LOT ADJACENT TO THIS THAT'S PRETTY BIG ALSO? YES, MA'AM.
YOU SEE ON THAT, ON THAT AERIAL THERE, THERE IS, THE PROPERTY NEXT TO US IS ADJACENT, IS VACANT.
HOW OLD IS THE BUILDING THAT YOU ALL CURRENTLY HAVE? HOW MANY STUDENTS? NO.
HOW OLD IS THE, DO YOU KNOW APPROXIMATELY HOW OLD THE BUILDING THAT YOU ALREADY HAVE? THEY, THEY GO TO, UM, PRE-K TO SIX AND WE'RE GONNA ADD A SOMETHING.
NO, HOW OLD IS THE ACTUAL BUILDING? OH, ABOUT HOW LONG HAS THE BUILDING BEEN IN BEING ON IT WAS A CHURCH AND IT STILL FUNCTIONED AS A CHURCH.
IT'S BEEN THERE SINCE THE SEVENTIES, I THINK ABOUT 70 YEARS OLD.
UM, WAS WAS, MAYBE I NEED TO SPEAK WITH YOUR ENGINEERS.
CAN YOU GET THE ENGINEER, ENGINEER I NEED TO SPEAK WITH THE ENGINEER.
'CAUSE I KNOW THE BIGGEST ISSUE IS THIS RETENTION POND, THE DETENTION POND.
DID YOU WANT REPRESENTATIVES FOR CITY ENGINEERING OR THEIR ENGINEERING? SO THEIR ENGINEERING, I THOUGHT THAT CITY ENGINEERING, BECAUSE WE, THE REASON THAT WE HELD THE CASE UP WAS, WAS BECAUSE OF THE, THE DRAINING AND PA THE DRAINAGE ISSUE.
SO, BUT YOU HAVE AN ENGINEER ON, ON, AM I RIGHT? THAT'S ALL.
CAN WE GET THAT ENGINEER ON? BECAUSE I THINK THAT THE ISSUE, I, I BELIEVE THE ISSUE IS, IS THAT THE COMMUNITY DOES NOT UNDERSTAND RETENTION AND DETENTION POND, WHICH IS UNDERSTANDABLE.
SO CAN WE GET YOUR CIVIL ENGINEER AND ALSO I CAN ASK IN COURT YOUR ENGINEER.
DO, DO YOU WANT HIM TO SPEAK? YEAH.
UM, YEAH, I NEED TO SPEAK WITH HIM.
COULD, COULD YOU EXPLAIN TO THE COMMISSION, UM, THE REASONING THAT YOU WENT FROM SUCH A, FROM THE DETENTION POND BEING AT ONE PART OF THE, UM, PROPERTY AND MOVING IT TO THE REAR OF THE PROPERTY, AND WHAT WAS THE PURPOSE FOR THAT? CORRECT.
SO, UH, CHAD WALLACE 6,300 ORIGINALLY PLACED, UH, FORT WORTH, SUITE 700.
UM, YEAH, SO THE ORIGINAL DESIGN HAD A SMALLER DETENTION POND THAT JUST OFFSET THE PROPOSED BUILDING AND THE PROPOSED PARKING EDITION.
WHEN THE SCHOOL RECEIVED FEEDBACK FROM THE NEIGHBORHOOD CONCERNED ABOUT FLOODING, THEY CAME TO ME AND ASKED, WHAT CAN WE DO TO OFFSET EVEN MORE RUNOFF? THEIR REQUIREMENT IS JUST TO OFFSET THE PROPOSED WORK ON THE SITE, MEANING THE NEW BUILDING IN THE NEW PARKING LOT.
WHAT WE DID WAS LOOKED AT THIS SITE TO OFFSET ALL THE BUILDINGS AND ALL THE PAVING ON THE SITE.
AND THAT'S WHY THIS POND HAS GOT SIGNIFICANTLY BIGGER.
SO INSTEAD OF JUST MATCHING WHAT'S GOING OFF THIS SITE TODAY, THE CHURCH OR THE CHURCH AND THE SCHOOL'S ACTUALLY GONNA BE RE SIGNIFICANTLY REDUCING A WATER THAT'S LEAVING THIS PROPERTY.
SO IT'S, IT'S GONNA BE HELPING THE OVERALL DRAINAGE BASIN AND THE DRAINAGE TO THIS ALLEY.
[03:15:01]
CAN ONLY ADDRESS THE DRAINAGE ON THEIR LITTLE, THEIR PROPERTY, WHICH IS ABOUT FOUR ACRES TO THE PROPERTY, TO THE, ON THE SHEET YOU SEE TO THE LEFT IS ABOUT FOUR AND A HALF, FIVE ACRES THAT GOES TO THE ALLEY AS WELL.I THINK I STILL ARE, UH, I THINK THE CITY STILL, UH, INDIAN NURSING SCHOOL.
ARE YOU COMING TO, I DIDN'T SPEAK WITH YOU ALSO, COMMISSIONER WHEELER.
WE'LL GET TO QUESTIONS FOR CITY STAFF AND A MINUTE.
SO, SO, BUT YOU ALL DID THIS IN TO MAKE SURE THAT THE DRAINING ISSUE THAT THE COMMUNITY HAS SPOKE OF, THAT YOU ALL FELT LIKE THAT WASN'T ENOUGH, THAT YOU ALL WERE GONNA GO BEYOND TO DO THAT.
WERE YOU ALL ALSO WILLING TO POSSIBLY PUTTING A FENCE AT THE REAR OF THE PROPERTY SO THAT THE, THE NEIGHBORHOOD KIDS CAN'T GET INTO THE DETENTION POND? SAY IT'S RAINING AND SCHOOL IS OUT.
ARE YOU ALL WILLING TO DO THAT? WELL, IT'S NOT GONNA BE A DETENTION POND PER SE.
AFTERWARDS, IT'S A SWALE WITH A, A TWO AND A HALF FOOT BERM AROUND IT.
WE COULD PUT A FENCE AROUND IT IF THAT'S THE DESIRE OF THE COMMISSION.
THE INTENT IS TO KEEP IT AS A FIELD, BUT, UH, DESIGN IN SUCH A WAY IT CATCHES THE WATER DURING A STORM EVENT AND LETS IT OUT SLOWLY, BUT IT CATCHES IT IN A BIGGER AREA.
TECHNICALLY WE'RE REQUIRED TO, UH, PROVIDE DETENTION FOR THE NEW BUILDING.
WE'RE PROPOSING, IN THIS CASE, WE'RE PROVIDING DETENTION FOR THE EXISTING AND THE NEW BUILDING.
SO WE'RE GOING ABOVE AND BEYOND WHAT WOULD BE REQUIRED OF THE CITY.
AND, UH, WE'RE CHANGING IT FROM, UH, A DETENTION POND THAT'S KIND OF UGLY AND DEEP AND WITH A FENCE AROUND IT TO SOMETHING THAT ACTUALLY, UH, CAN BE USED AS THE FIELD MOST OF THE TIME.
AND FOR CONTENT, THIS IS ACTUALLY ON BRUDEN.
IT'S THE, THE, THE REAR OF THE SCHOOL FACES THE REAR OF THE FIRST STREET.
SO THE, THE REAR OF THE SCHOOL FACES THE ALLEY.
AND THE, THE WAY THAT THE WHOLE NEIGHBORHOOD WAS DESIGNED IS THAT THAT ALLEY WAS A CONVEYANCE FOR WATER.
IT, THE NEIGHBORHOOD, THE WATER FLOWED THERE, OUR WATER FLOWED THERE.
THE ALLEY ACT AS A, UH, ABOVE GROUND CONVEYANCE BROUGHT IT DOWN THE ALLEY INTO THE DETENTION, THE REGIONAL DETENTION POND.
UM, MR. BALDWIN, I KNOW WE HAVE A GRAPHIC REPRESENTATION OF WHERE THIS IS SUGGESTED TO GO.
UM, IS THAT DEFINED ON YOUR SITE PLAN CURRENTLY? I'M SORRY, THE, THE AREA FOR, UM, RETENTION, DETENTION, WHATEVER TERMINOLOGY WE WANNA, UM, APPLY TO THE WATER COLLECTION AREA, THE ONE ON OUR SITE, CORRECT? YEAH, IT IS, UH, IT'S DESIGNED FOR OUR ENTIRE SITE EXISTING AND PROPOSED.
IS IT INDICATED GRAPHICALLY ON YOUR SITE PLAN? IT IS INDICATED GRAPHICALLY ON OUR SITE PLAN.
WE SHOW THAT WHERE THE AREA OF THE, UH, THE, THE BERMS GONNA BE, THE, THE AREA OF FLOODING OR WHERE IT'S GONNA STORE WILL VARY WITH THE STORM EVENT.
SO IT'S NOT GONNA BE CONTAINED ON ALL SIDES.
IT'S GONNA BE CONTAINED ON THREE SIDES, BUT THE OTHER SIDE IS GONNA ALLOW IT TO FLOW, TO FLOW IN.
BUT IT'S, AND, AND I WILL APOLOGIZE WHAT'S IN THE DOCKET AND I'LL GO AND CHECK MY EMAIL.
IT SOUNDS LIKE I VIS SITE WENT IF THE PLANE CAME IN AFTER YOUR DOCUMENT'S AP POSTED AND I APOLOGIZE FOR THAT.
THE ONE THAT'S DISTRIBUTED, HAS IT GRAPHICALLY DEPICTED? ANY OTHER QUESTIONS? COMMISSIONER HALL? I, I'M ASSUMING THIS, THIS BERM CONCEPT WITH, UH, DETE.
DETAINING RUNOFF IS A, IS A PRETTY STANDARD CIVIL ENGINEERING AND, UH, LANDSCAPING KIND OF FEATURE.
AND THAT WOULD DRAIN OUT INTO THE STORM.
UH, IT'LL DRAIN INTO THE ALLEY.
INTO THE ALLEY WHERE, WHERE RIGHT NOW IT SHEET FLOWS INTO THE ALLEY.
SO THERE'S IT, IT ALL COMES, UH, ALL THE WATER THAT LANDS ALL, ALL HITS THE ALLEY AT THE SAME TIME.
AND SO WHAT WE'RE DOING IS STORING IT AND INSTEAD OF LETTING IT SPREAD OUT ALL OVER THE ALLEY, IT COMES THROUGH A SMALLER PIPE, KINDA LIKE A BATHTUB.
IT HOLDS THE WATER AND THEN COMES OUT THE DRAIN AT A SLOWER RATE, BUT IT TAKES LONGER TO GET OUT.
HAVE YOU DONE ANY CALCULATIONS FOR HOW LONG IT WOULD TAKE TO EMPTY? YEAH, THE, THE ENGINEER WOULD'VE, THEY DON'T LET ME PLAY WITH NUMBERS
WE'LL HAVE TO PROVIDE FULL DRAINAGE STUDY SHOWING, YOU KNOW, WATER COMING IN, WATER COMING OUT, AND GRADING PLANS AND ALL THAT.
[03:20:01]
SO A COUPLE AND STAFF MAY BE ABLE TO ADDRESS THIS.A COUPLE THINGS THAT I HEARD FROM THE RESIDENTS.
ONE, UM, WERE NO SIDEWALKS ALONG THAT STRIP.
UM, THAT'S NOT A WELCOMING SITE FOR THAT WHOLE BLOCK OF BRUTON.
ARE THERE ANY PLANS FOR SIDEWALKS AT ALL? NO SIDEWALKS.
WE WILL BE REQUIRED TO PUT A SIDEWALK IN FRONT OF OUR PROPERTY.
THAT IS PART OF THE CONDITIONS TO, TO CLARIFY IT'S CONDITION NINE IN THE THANK YOU S U P CONDITIONS.
OH, AND THE TRANSPORTATION, UH, THE T M P I REMEMBER WE SPOKE ABOUT IT BRIEFLY LAST TIME.
THERE IS CURRENTLY, UM, PEOPLE ON THE STREET DOING SCHOOL TIME.
HAS THAT BEEN ALLEVIATED AT ALL OR IS THIS ONE OF THOSE WE HAVE TO TAKE IT HOW IT IS? THE, THE T M P HAS BEEN, UH, SINCE WE'RE EXPANDING OUR AREA, WE'RE EXPANDING OUR QUEUING AREA AND WE'RE ABLE TO, TO ACCOMMODATE ALL CARS QUEUING ON THE PROPERTY SHOULD THIS BE APPROVED.
AND, AND THE T M P'S BEEN APPROVED BY THE CITY OR REVIEWED BY THE CITY.
SO TO BE CLEAR, THE, THE T M P TAKES THE CURRENT TRAFFIC THAT'S ON THE STREET, OFF OF THE STREET ONTO THE PROPERTY.
AND WE'LL HAVE TO UPDATE THE T M P, UH, ONE YEAR AFTER APPROVAL, AND THEN NEVER TWO YEARS.
ANY OTHER QUESTIONS FOR THE APPLICANT? COMMISSIONERS? QUESTIONS FOR OUR SPEAKERS IN OPPOSITION? QUESTIONS FOR STAFF? MR. REER? UM, DO THE STANDARDS OF THIS, UH, SS U P WITH, IS IT SIMILAR TO THE, UM, THE STANDARDS THAT WE USE WITH ALL SCHOOLS, INCLUDING THE I S D PER SE? THIS, THIS S U P INCLUDES, UM, THE SAME TRAFFIC MANAGEMENT PLAN, UH, CONDITIONS AND STIPULATIONS THAT WE WOULD NORMALLY WITH D I S D.
UM, THIS ALSO HAS THE, UH, SIDEWALK CONDITIONS THAT WE WOULD REQUIRE.
TYPICALLY WITH D I S D, IT'S, UM, IT'S, IT'S COMMON AMONG, UH, OUR REVIEW OF SCHOOLS, EVEN WITH SOME OF THE RENEWALS.
BUT IN THIS CASE, UH, WE ALSO ADDED THE LANGUAGE FOR SIDEWALK CONSTRUCTION, WHICH IS SIMILAR TO THE D S D, BUT IT ALREADY HAD THE TRAFFIC MANAGEMENT PLAN, UH, LANGUAGE THAT IS SIMILAR TO ANY OTHER D I S D CASE.
SO IT'S NOT BECAUSE IT'S A CHARTER SCHOOL, IT'S, IF IT WAS A D I S D SCHOOL, YOU WOULD HOLD IT TO THE SAME STANDARDS FOR MOST AS FAR AS, UM, BECAUSE THE QUESTION IS, BECAUSE WE, I DON'T WANT THE COMMUNITY TO THINK BECAUSE IT'S CHARTER THAT THIS IS A SCHOOL AND THAT, AND THEY'RE, EVEN THOUGH THEY'RE, IF D I S D WAS ADDED IN CLASSES, IT WOULD HAVE SOME OF THE SAMER IF THIS WAS THEIR SITE, THEY, WE, WE HAVE SIMILAR CONDITIONS FOR TRAFFIC MANAGEMENT PLAN IN SIDEWALK AS WE WOULD WITH D I S D IN THIS CASE.
CAN I TALK TO THE ENGINEER OR DO I HAVE TO WAIT TO DAVID? YES.
THINK HE'D BE HAPPY TO, HE'S HERE.
GOOD AFTERNOON, COMMISSIONER DAVID OF OUR TRANSPORTATION DEVELOPMENT SERVICES.
IS THIS FOR THE T M P OR FOR THE CIVIL ENGINEER? BOTH.
SO THE CONCERN WAS LAST TIME WHEN THIS WAS BROUGHT BEFORE US, THAT WE PUT IT ON HOLD BECAUSE OF CIVIL ENGINEERING.
THE COMMUNITY WAS CONCERNED THAT UNDER THE LAST SS U P, THAT THEY DID NOT DO EXACTLY WHAT THEY WERE SUPPOSED TO DO, AND THAT ENGINEERING MIGHT NEED TO FOLLOW UP.
UM, WHEN THIS MAKES IT TO DEVELOPMENT SERVICES, HOW FOR SURE ARE YOU THAT, THAT THIS, UM, DETENTION POND WILL BE SUITABLE TO HELP WITH THE DRAINING ISSUE THAT IS, THAT IS FLOWING OVER INTO THE COMMUNITY? THANK YOU, MA'AM.
THERE WILL BE NO PERMITS ISSUED WITHOUT AN ANALYSIS OF THEIR DRAINAGE CAPACITY AND IMPROVEMENTS, UH, WITHOUT PURSUING THE COMMISSION TO MAKE ANY DECISION TODAY, I, I CAN ONLY, UM, GUARANTEE YOU THAT THE ONLY WAY THAT THIS PROPERTY CAN IMPROVE THEIR DRAINAGE ISSUES IS BY ALLOWING THEM TO HAVE A PERMIT.
UH, THAT PERMIT WILL HAVE TO HAVE, WILL NEED ENGINEERING REVIEW, INCLUDING PAVING AND DRAINAGE, AND THEN WE'LL BE REQUIRED TO EVALUATE THEIR DRAINAGE NEEDS AND MAKE SURE THAT THERE IS NO LOT TO LOT DRAINAGE.
WATER WILL NOT DRAIN INTO AN ALLEY.
DRY WATER WILL NOT DRAIN INTO AN ADJACENT PROPERTY, UH, WITHOUT, UH, THE MEANS OF EITHER IMPROVING THEIR UNDERGROUND CAPACITY OR DETAINING.
AND I KNOW I'M, THIS IS OUTSIDE OF ZONING, I'M TOLD, BUT DRAIN DETAINING JUST MEANS A GROUND REMAINS DRY THE MAJORITY OF THE TIME, EXCEPT FOR WHEN IT RAINS.
DETENTION IS WHAT, UH, THE APPLICANT WILL LIKELY CHOOSE TO MITIGATE THE LOT, THE EXISTING DRAINAGE ISSUES THAT PRESUMABLY THEY HAVE.
CAN, CAN YOU EXPLAIN TO US EXACTLY WHAT THIS DETENTION
[03:25:01]
POND AND SIMILAR LIKE IT, BECAUSE MOST PEOPLE IN THE COMMUNITY, AND SOME OF US NECESSARILY DON'T UNDERSTAND HOW IT CAN MITIGATE THE DRAINING ISSUE INTO THE COMMUNITY.BECAUSE AGAIN, THE COMMUNITY CONCERN WAS WHEN THIS SS U P WAS INITIALLY, UM, APPROVED AND IT WENT TO DEVELOPMENT SERVICES.
THAT ENGINEERING REPORT HAD TO ADDRESS ANY TYPE OF PAVING AND DRAINING.
AND INSTEAD OF IT DOING THAT, IT ACTUALLY YEARS AND THEY'VE COMPLAINED AND THEY HAVE REPORTS ON COMPLAINTS OF THIS PROPERTY DRAINING INTO THEIR COMMUNITY.
AND SO WHAT, WHEN WE WENT BACK TO THE DRAWING BOARD, THIS WAS WHY WE ASKED THEM TO IMPROVE THEIR DRAINING AND TO HAVE ENGINEERING TO AT LEAST TELL US WHAT WOULD BE THE BEST PRACTICES.
UM, IT'S, IT'S MY DESIRE TO BRING TO THE COMMISSION A A FEW SLIDES EXPLAINING WHAT DRAINAGE LOOKS LIKE IN THE REVIEW AT PERMITTING JUST FOR YOUR EDUCATION.
IT'S ZONING, THEN PLATTING, THEN ENGINEERING, AND THEN PERMITTING IN THAT ORDER.
SOME APPLICANTS CHOOSE TO GO AHEAD AND DO ENGINEERING BEFORE OTHERS DON'T.
WHY WOULD I, AS A DEVELOPER, PAY AN ENGINEER TO DO DRAINAGE STUDIES IF I'M NOT CERTAIN THAT I WILL HAVE DEVELOPMENT RIGHTS IN MY ZONING? SO ZONING SHOULD ALWAYS GO FIRST.
IN THIS CASE, IT SOUNDS LIKE THE APPLICANT HAS, UM, COMMISSIONED THEIR CONSULTANTS TO EVALUATE THE NEEDS FOR DETENTION OR THEIR DRAINAGE.
AND IT SOUNDS LIKE THEY'VE COME UP WITH A MITIGATION PLAN, UH, THAT WILL HAVE TO PASS, MUSTER, UH, PERMITTING.
UH, WE WILL HAVE TO MAKE SURE THAT THEY'RE CALCULATIONS, THEIR, THE RONAN COEFFICIENT THAT THEY USE, THE CALCULATIONS THAT THEY CAN, THAT THEY USE, UH, COMPLY WITH CITY STANDARDS.
AND IF THEY DO, THEN WE WILL ISSUE THEIR PERMITS AND FIGURING OUT WHAT EXACTLY NEEDS TO BE CONSTRUCTED.
THEY, THEY'RE SHOWING A GENERAL AREA.
I DON'T SEE DIMENSIONS, AND I ENCOURAGE THEM NOT TO INCLUDE DIMENSIONS JUST YET BECAUSE THAT PERMITTING WILL BE TWEAKING THOSE NUMBERS AND FIGURING OUT EXACTLY HOW MUCH AREA NEEDS TO BE DETAINED FOR THAT FLOOD RAIN.
UH, BUT, BUT IN ANY CASE, MA'AM, UH, I CAN ONLY GUARANTEE YOU THAT THAT WILL BE A REQUIREMENT BEFORE AN ANY PERMITS ARE ISSUED.
SO, SO ONE LAST QUESTION BECAUSE AGAIN, I I KNOW FOR A FACT THAT BECAUSE OF NOT BEING FAMILIAR WITH THIS TYPE OF, UH, DRAINING SOLUTION, THE COMMUNITY IS STILL, THEY, THEY, THEY DON'T TAKE US AT FACE VALUE BECAUSE IN THE PAST IT WENT THROUGH THESE PROCEDURES AND THEIR PROPERTIES HAD ONLY BEEN IN 30 YEARS OLD AND THEY'VE HAD FLOODING FOR A PERIOD OF OVER THREE YEARS, AND THEY HAVE THE COMPLAINTS ON FILE.
THEY HAVE THE THREE ONE ONES AND IT HAS NEVER BEEN ADDRESSED.
HOW CAN THEY ENSURE THAT THIS, AFTER LEAVING HERE AND GOING THROUGH DEVELOPMENT SERVICE, WHAT IS THE RE WHAT IS THEIR RECOURSE? RECOURSE? THANK YOU FOR BRINGING UP THREE.
ONE ONE IS THE ONLY WAY CITIZENS WE THAT, THAT WE AS CITIZENS HAVE TO RECORD COMPLAINTS, CONCERNS THAT WE HAVE.
YOU CAN CALL ANY CITY STAFF MEMBER AND COMPLAINT, BUT IT'S NOT UNTIL IT SHOWS UP IN THE SYSTEM THAT WE CAN ACTUALLY TRACK AND PROVIDE RESPONSES.
UM, I'M NOT AWARE OF ANY 3 1 1 CALLS THAT HAVE BEEN PLACED IN REGARDING TO THE DRAINAGE.
HOWEVER, WHAT CAN CITY STAFF DO TO MITIGATE AN ISSUE THAT IS COMING OUT OF A PRIVATE PROPERTY? IT'S VERY COMPLICATED.
UH, THE, THE BEST TOOL THAT, THAT WE AS A COMMISSION THAT YOU, THAT YOU AS A COMMISSION, UM, HAVE IS, UM, ISSUING A, A ZONING THAT ALLOWS THIS PROJECT TO MOVE FORWARD.
THAT WAY THE CITY CAN ACTUALLY HAVE A, A MECHANISM TO REGULATE THEIR EVALUATE, NUMBER ONE, BECAUSE WE WANNA UNDERSTAND WHAT DOES IT MEAN, YOU KNOW, WHAT IS BILLING OUT ON FIELD ADJACENT PROPERTIES? UH, WE, WE NEED TO EVALUATE THAT WITH, UH, WITH CALCULATIONS AND OBSERVATIONS, UH, AND THEN BEYOND THAT TO FIGURE OUT A SOLUTION THAT CLEARLY, UM, SOLVES THE PROBLEM.
AND IF THAT CONTINUES, I'M, I'M GONNA MAKE MYSELF AVAILABLE.
I'M GONNA GIVE MY, MY BUSINESS, MY HANDWRITTEN 'CAUSE I DIDN'T BRING ANY WITH ME.
BUT I'M GONNA GIVE THE, THE, THE LADIES IN OPPOSITION MY BUSINESS CARD, MAKE SURE THAT THEY HAVE A, A CONTACT PERSON.
SHE, SHE, THEY, THEY'RE RIGHT BEHIND YOU.
MAKE SURE THAT THEY GET THAT CARD BECAUSE I DO, THEY, I HAVE A RECORD OF THEM CALLING 3 1 1 FOR OVER YEARS, AND THAT HAS NOT BEEN ADDRESSED.
DAVID? NO, IT'S NOT FOR YOU, DAVID.
UM, MICHAEL, ON THE BACK OF THE PROPERTY, THERE'S A FENCING THAT SEPARATES THE NEIGHBORHOOD.
THERE'S SOME OVERGROWN, UM, GRASS THERE.
DO YOU TAKE THAT INTO CONSIDERATION IN YOUR, IN YOUR, UM, ASSESSMENT? AND CAN WE ADDRESS THAT NOW? YES.
AND, AND WHAT I'LL SAY IS A LOT OF THE PROPERTY HAS REMAINED IN THE STATE FROM EVEN, EVEN A, A LONG TIME BACK, UM, BEFORE THERE WAS SCHOOL THERE OR NOT, UM, DIDN'T ASSESS THE, THE REAR FENCING.
[03:30:01]
KNOW AT ABUTS AN ALLEY.UM, SO THE, THE BASE FENCING RULES ARE GONNA BE REQUIRED THERE MM-HMM.
UM, SO I DIDN'T ASSESS WHETHER THEY NEEDED TO INSTALL NEW FENCING BACK THERE.
IT CAN BE DIFFICULT TO ASSESS, UH, THE REAR OF SOME OF THESE SITES WHEN, WHEN WE ARE VISITING IN PERSON.
UH, BUT SUCH THINGS CAN BE STIPULATED IN THE CONDITIONS, ALTERATIONS OR, OR, UM, ADDITIONAL REQUIREMENTS FOR FENCING COULD BE STIPULATED IN CONDITIONS.
YEAH, I THINK IT'LL BE A, A GOOD, UM, UM, CONDITION TO INCLUDE TO MAKE THE NEIGHBORS FEEL BETTER.
UM, SOME OF THE FENCING OF THE NEIGHBORS ARE REALLY NICE.
UM, SO IT WOULD BE NICE TO THEM COME OUT OF THEIR GARAGE TO A, A MUCH BETTER PRESENTATION THAN THEY ARE RIGHT NOW.
ANY OTHER QUESTIONS? COMMISSIONERS FOR STAFF COMMISSIONER HANING, AND THIS MAY BE FOR MR. NAVAREZ, BUT, UM, MR. PEPE, WAS THERE ANY CONSIDERATION ON THE SITE PLAN WHERE THE LANDSCAPE BERM IS DESIGNATED CURRENTLY? AND I SEE THERE'S A SIX FOOT OPAQUE FENCE AT THE ALLEY ONLY CURRENTLY.
THAT SOUNDS LIKE THERE MAY BE SOME CONSIDERATION OF WHAT THAT EXTENT IS, BUT SHOULD IT BE FURTHER CLARIFIED THAT THAT IS INTENDED TO SERVE AS AN AREA FOR ONSITE WATER STORAGE, WHATEVER THE CORRECT ENGINEERING TERMINOLOGY MIGHT BE? WELL, I, I'D HOPE FOR DAVID TO HELP ME ANSWER THIS QUESTION, BUT I WOULD CAUTION AGAINST TOO MUCH PRESCRIPTION IN THAT REGARD BECAUSE THEY STILL NEED TO MEET ADDITIONAL REQUIREMENTS WHEN THEY COME IN FOR THAT ENGINEERING REVIEW.
I UNDERSTAND THESE, THESE BERMS ARE, ARE THERE TO ALLEVIATE SOME OF THE CONCERN OR GIVE SOME IDEA OF WHAT THAT IS SUPPOSED TO LOOK LIKE.
BUT I WOULD CAUTION AGAINST BEING TOO PRESCRIPTIVE, UM, SUCH THAT THEY, IT LIMITS THEM FROM BUILDING WHAT NEEDS TO BE BUILT.
AND WE DON'T KNOW EXACTLY WHAT THAT IS UNTIL THEY DO GET TO THAT PHASE REVIEW.
SO IT COULD SAY SUBJECT TO ENGINEERING REVIEW OR SOME, AND AGAIN, I'LL DEFER IF THAT WOULD BE APPROPRIATE, BUT IT, I WOULD JUST QUESTION IF WE'RE CAPTURING THE SPIRIT OF THE, WHAT THE DISCUSSION HAS BEEN TODAY.
I THINK THAT WHAT WHAT I WOULD LIKE IS FOR, UM, STAFF TO TASK OUR OFFICE WITH A FEW SLIDES FOR THE COMMISSION WITH A SUMMARY OF THE DRAINAGE DESIGN MANUAL, WHICH WAS ADOPTED BY COUNCIL IN 2021.
UM, IT HAS AN, IT INCLUDES A SECTION THAT SPEAKS ON THAT REGARD.
AND, AND IT WOULD BE VERY BENEFICIAL FOR Y'ALL TO HAVE AS INFORMATIONAL MATERIAL, NOT, NOT NECESSARILY FOR A ZONING DETERMINATION OR LAND USE RATIONALE ON YOUR BUSINESS, BUT, UM, BUT JUST FOR YOUR EDUCATION, UM, I CAN SPEND A FEW HOURS WORKING ON THAT IN THE NEXT COUPLE OF WEEKS AND, AND NOT MAKE THAT AVAILABLE.
BUT I, I'D LIKE TO VISIT WITH RYAN AND, AND DR.
NOW, I WOULD FIND THAT HUGELY BENEFICIAL.
BUT IS THERE ANY LANGUAGE FOR THIS CASE THAT YOU FEEL, YOU KNOW, FROM YOUR REVIEW AND YOUR DISCUSSION WITH THE APPLICANT THAT MAY BE APPROPRIATE? THE, THE APPLICANT JUST WHISPERED THAT THEY'D BE OKAY WITH THAT.
STAFF WOULD NOT RECOMMEND THAT ONLY BECAUSE IT PRESENTS OBSTACLES FOR POTENTIAL CHALLENGES WITH THEIR REVIEW THEMSELVES AS WELL.
WE DON'T WANNA HAVE THEM HAVE TO COME BACK TO YOU JUST TO TWEAK, UM, YOU KNOW, OR, OR, OR HAVING, UH, UH, UPPER MANAGEMENT HAVE TO FIGURE OUT IF THEY HAVE TO COME BACK AND TWEAK THAT WITH YOU.
OR IF THAT'S AN ADMINISTRATOR, IT WOULD NOT BE, UH, AN ENGINEERING CALL.
IT WOULD BE A, UM, A DRAINAGE DESIGN MANUAL STANDARD, YOU KNOW.
BUT IF IT SIMPLY DESIGNATED THE AREA WHAT, WHERE IT WAS TO OCCUR, NOT PUTTING ANY PRESCRIPTION, NOT TALKING ABOUT CALCULATIONS, NOT DEFINING LINKS AREAS, WIDTH DEPTHS, JUST AGAIN, AS MUCH AS THERE'S BERMS ALREADY INDICATED, JUST TO FURTHER ENHANCE WHAT THE INTENT OF THAT AREA IS.
MAY I LISTEN AGAIN TO THE RECOMMENDED TEXT IF I MAY? YES, PLEASE.
NO, YOU WOULD LIKE, SO, AND AGAIN, YOU TELL ME, I SAID AREA FOR ONSITE STORM WATER COLLECTION OR I DON'T KNOW IF THAT'S THE APPROPRIATE TERMINOLOGY.
THAT'S WHERE I WAS HOPING FOR SOME GUIDANCE.
AND TO, TO CLARIFY, THIS IS NOT AT THIS TIME, UM, A CONDITION OR ANYTHING.
THEY, THEY DEPICT THE LANDSCAPE BERMS MM-HMM.
THAT'S WHAT'S DEPICTED ON THE SITE PLAN.
IN THIS ADDITION, IT SOUNDS LIKE THE APPLICANT IS WILLING TO VOLUNTEER CONDITION LIKE THAT.
AND, UM, I WOULD ALSO WANNA RUN IT BY OUR ARBORIST AS WELL.
UM, I, I DON'T FEEL COMFORTABLE PROVIDING A RECOMMENDATION WITHOUT INPUT FROM BI ON THIS ONE, BUT THANK YOU MR. VAR.
JUST ONE ADDITIONAL THING, IF PLEASE, IF WE'RE GOING TO ADD THAT CONDITION AND THE BODY NEEDS TO BE ABLE
[03:35:01]
TO STATE WHY ABSENT THAT CONDITION, THE, UH, OPEN ENROLLMENT CHARTER SCHOOL IS NOT COMPATIBLE WITH THE EXISTING SITE.COMMISSIONER WHEELER SECOND, WILL WE BE A, MAYBE BECAUSE THERE'S AN ISSUE EXACTLY WHERE IT IS EXACTLY GONNA BE AT THE LANGUAGE SAYING THAT IT THAT VOLUNTARILY BY THE APPLICANT THAT THERE HAS TO, THAT THAT SIZE OF A A DETENTION POND IS GOING TO BE ON THE SITE BECAUSE IT, IT, IT MIGHT NOT BE EXACTLY WHERE YOU SAID, BUT IT'S IN CLOSE PROXIMITY TO IT.
UM, IS THAT, IS THAT A WAY TO PUT THE VERBIAGE THAT THE DETENTION, THE, BECAUSE ORIGINALLY THE DETENTION POND WAS NOT GONNA BE THAT BIG.
IT WAS GONNA BE FURTHER TO THE, UM, MIDDLE OF THE, THE FIELD BEHIND THE SCHOOL IN A WAY THAT IT FITS WHERE THEY HAVE TO PUT THE DETENTION POND IN, UM, CLOSER TO THE REAR ONE, ONE MORE TIME.
AND SO I, 'CAUSE I UNDERSTAND KINDA WHAT, UM, COMMISSIONER HAMPTON IS SAYING TO ENSURE THAT THEY'RE GOING TO DO WHAT THEY SAY THEY'RE GONNA DO.
UH, I'D LIKE TO CLARIFY ONE ITEM REGARDING DETENTION PUNTS, UH, OR RETENTION, IF THAT'S EVER AN OPTION.
BUT THAT'S NEVER OUR RECOMMENDATION.
THAT'S THE CHEAPEST WAY THAT AN APPLICANT CAN DEVELOP THEIR PROPERTY TO AVOID LOT, TO LOT DRAINAGE.
A MORE APPROPRIATE WAY IS TO UPGRADE THE UNDERGROUND INFRASTRUCTURE TO HOLD THE CAPACITY OF, AND I'M GOING DOWN A RABBIT HOLE.
ENGINEERING NEVER RECOMMENDS DETENTION PONDS.
THUS THAT'S THE APPLICANT HAS AN OPTION OF EITHER UPGRADING THE UNDERGROUND INFRASTRUCTURE, WHICH IS EXPENSIVE OR AT A MORE ECONOMICAL COST, UH, CREATE LAND, USE THEIR PROPERTY TO DETAIN THAT WATER THAT WOULD OTHERWISE BE FLUSHING DOWN AN UNDERGROUND, UM, INFRASTRUCTURE.
SO, UM, I I ALSO WANT TO CAUTION THE, THE COMMISSION THAT YOU ARE REQUIRING STAFF TO ENFORCE SOMETHING THAT WE DON'T RECOMMEND OURSELVES, UM, AT PERMITTING, WE ALWAYS ASK FOR UPGRADES TO THE WAY THAT IT SHOULD BE DONE UNDERGROUND UPGRADING THE INLETS MEET CITY STANDARDS.
NO, DAVID, THE COMMISSION WANTS US TO DO, UM, DETENTION POND HERE.
THEN CITY PLAN COMMISSION HAS, UH, REQUIRED DETENTION POND ON THIS PROPERTY AND WE MOVE FORWARD.
SO I, AND I REALLY DON'T WANNA GO DOWN.
SO IS THAT THE REASON THAT IT'S REALLY NOT OUR BODY, THE, THE COMMISSION RESPONSIBILITY IMPOSING A DETENTION POND ON PROPERTIES MAKES US, IS ACTUALLY DEVI DEVIATING FROM CITY STANDARDS THAT, SO WOULD WE, OUR RECOMMENDATION BE BETTER SUITED SAYING THAT THEY NOT THAT MA'AM AND THEY, HOWEVER, NO, NO.
THAT
BECAUSE ORIGINALLY THEY WERE ONLY GONNA ADDRESS THE ISSUE OF DRAINAGE ON WHAT THEY'RE GOING THAT THE ADDITIONAL BUILD.
HOWEVER, I MEAN, AND HE REQUESTED THAT THEY, I REQUESTED THAT THEY COME UP WITH SOMETHING THAT WOULD ADDRESS BECAUSE ENGINEERING AT DEVELOPMENT SERVICES, SOME KIND OF WAY, I DON'T KNOW, LET ME SAY THIS.
I WOULD, I'M NOT FOR SURE OF, BUT THE COMMUNITY IS SAYING THAT ONCE THIS SCHOOL DID ANY TYPE OF PAVING THAT THE DRAINING ISSUE MADE THE, THE SURROUNDING COMMUNITY HAVE FLOODING AND ENGINEERING 3 0 1 CALLS HAVE NOT ADDRESSED THIS.
SO THIS WAS THE OPTION THAT WAS GIVEN BY THE APPLICANT TO ADDRESS THAT? ABSOLUTELY, YES, MA'AM.
UM, SOMETIMES KEEP IN MIND THAT UPGRADING INFRASTRUCTURE IS EXPENSIVE AND WE RUN INTO THE ROUGH PROPORTIONALITY OF DEVELOPMENTS AND STAFFS REQUIRING UPGRADES TO INFRASTRUCTURE IS BEYOND THE MEANS OF A DEVELOPMENT.
AND SO, UH, THAT'S WHAT WE DO AT PERMITTING.
WE, WE, WE GIVE THEM A FIRST OPTION, THEY COME BACK LETTING US KNOW EITHER WE UPGRADE INFRASTRUCTURE IN THE PUBLIC RIGHT OF WAY, DAVID, OR WE DEVELOP A SCHOOL.
AND SO FOR THAT REASON, WE PROVIDE OPTIONS, ONE OF THEM BEING, UH, DETENTION.
SO AT THIS POINT, REGRETFULLY, I DON'T THINK THAT CITY STAFF HAS ACTUALLY SEEN CALCULATIONS TO DETERMINE WHAT AMOUNT OF DETENTION IS NEEDED.
I SEE THERE HAS BEEN AN ISSUE THAT HASN'T BEEN ADDRESSED.
UM, IT'S VERY LIKELY THAT WE'LL MOVE FORWARD WITH A DETENTION POND.
THAT WAS A GENERAL COMMENT THAT I WANTED TO MAKE TO THE COMMISSION THAT, UM, YOU REQUIRING DETENTION ESSENTIALLY GIVES STAFF, YOU KNOW, LEAVES ANY OTHER CONVERSATION OUT OF THE, OH,
[03:40:01]
OKAY.SO WHAT, SO, OKAY, SO I THINK THAT WHAT NEEDS TO HAPPEN IS AS, AS, BECAUSE THIS ISSUE HAS BEEN BROUGHT BEFORE THIS BODY, IT WAS APPROVED FOR THE DRAINING.
THE DRAINING HAD TO BE ADDRESSED IN THE LAST S U P BECAUSE WE, THIS IS AN S U P RENEWAL AND A, UH, EXTENSION TO THE CURRENT PROPERTY THAT WE, THAT I REQUEST THAT THAT ENGINEERING YES, MA'AM.
TAKE A, A PROPER LOOK AT THIS PROPERTY SO THAT WE CAN STOP THE FLOODING ISSUE BECAUSE IT'S AN ISSUE.
AND THE 3 1 1 CALLS OVER YEARS HAVE NOT BEEN ADDRESSED.
AND I WANT TO CLARIFY TO FINALIZE MY COMMENTS THAT, UM, LOT TO LOT DRAINAGE OR DRAINAGE ENTERED INTO THE ALLEY WILL NOT BE ALLOWED AT PERMITTING.
UM, THERE WON'T BE ANY PERMITS ISSUED UNTIL THAT IS RESOLVED.
WHATEVER ISSUES THAT THEY HAVE IS RESOLVED AND, UM, AND STAFF HAS NO OBJECTIONS TO WHAT IS BEING PROPOSED BY THE APPLICANT.
ANY OTHER QUESTIONS? COMMISSIONERS FOR OUR SPEAKER IN SUPPORT, SPEAKERS IN OPPOSITION.
COMMISSIONER, WE DO YOU HAVE A MOTION? I HAVE A MOTION, BUT I DON'T EVEN KNOW.
I, I CAN'T PUT CONTINGENCIES IN THE MOTION.
I, I HAVE A MOTION FOR APPROVAL, BUT I NEED SOME CONTINGENCIES AND I DON'T KNOW IF WE CAN DO THAT.
COMMISSIONER, WILL YOU ALERT? DANIEL'S GONNA SPEAK TO YOU.
[03:45:38]
WE ARE READY.WE'RE READY FOR MOTION IN THE MATTER OF Z, UM, Z 2 1 2 2 77.
I MOVE TO CLOSE THE PUBLIC HEARING WITH THE FOLLOWING, UM, AND FOLLOW STAFF RECOMMENDATION OF APPROVER AS BRIEFED SUBJECT TO A SITE PLAN A T M P CONDITIONS WITH THE FOLLOWING CHANGES, CHANGES, THE S U P EXPIRES IN TWO YEARS WITH NOT, WITH NOT ELIGIBILITY FOR AUTOMATIC RENEWAL AND A SIX FOOT FENCE AND REQUIRED AT THE REAR OF THE PROPERTY.
AND WITH, AND I HAVE, UH, COMMENTS.
THANK YOU COMMISSIONER WHEELER FOR YOUR MOTION.
COMMISSIONER HERBERT FOR YOUR SECOND COMMENTS.
UM, SO EVEN THOUGH WE HAD THE COMMUNITY MEETING, THE MAIN ISSUE IS THE PAVING AND DRAINING AND KNOWING AND GOING BACK AND RESEARCHING THAT OVER THE PERIOD OF THE YEARS THAT THE S U P HAS BEEN APPROVED AT THIS SCHOOL, THERE HAS BEEN A DRAINAGE ISSUE.
THE COMMUNITY HAS DONE WHAT THEY'RE SUPPOSED TO DO AND CONTACT THREE ONE ONE CALL ALL, UH, CITY STAFF THAT THEY COULD.
CODE ENFORCEMENT INCLUDED THE COUNCILMAN'S OFFICE.
I WOULD NOT BE, UM, COMFORTABLE WITH GIVING THE AUTOMATIC RENEWAL OF FIVE YEARS SO THAT IN TWO YEARS THAT WE CAN COME BACK AND BE ABLE TO SEE IF THAT, UH, FLOODING ISSUE HAS BEEN ADDRESSED.
AND IF THERE NEEDS TO BE A, IN, UM, A DRAINING, UM, THE DRAINING ISSUE NEEDS TO BE APPROACHED.
UM, ALSO THE FENCE AT THE BACK IS SO THAT THE COMMUNITY WILL NOT HAVE TO LOOK AT THAT RETENTION, THE DETENTION POND, BUT I WILL HOPE THAT THIS WILL GIVE YOU ALL SOME TYPE OF EASE.
THEY RENEW IT FOR A TWO YEAR PERIOD WITHOUT AN AUTOMATIC RENEWAL.
AND WHAT THAT MEANS IS THAT THEY WILL HAVE TO COME BACK BEFORE THIS BODY IN TWO YEARS.
AND IF TWO YEARS THAT DRAINING ISSUE HAS STOPPED, THEN WE CAN LOOK AT THE FIVE YEAR WITH AUTOMATIC RENEWAL.
UM, AND ALSO WE WILL BE MAKING SURE THAT ENGINEERING AND REACHING OUT TO ENGINEERING AND MAKING SURE THAT YOU HAVE THOSE TOOLS AND FOLLOWING, FOLLOWING THIS CASE TO COMPLETION AND MAKING SURE THAT ENGINEERING THE COUNCILMAN OFFICE, UH, REACHING OUT TO THE COUNCILMAN'S OFFICE AND TO OTHER CITY STAFF TO HELP TO RECTIFY THIS SITUATION.
THANK YOU COMMISSIONER WHEELER FOR YOUR MOTION.
ANY OTHER DISCUSSION? AND COMMISSIONERS? WE HAVE A MOTION BY COMMISSIONER WHEELER, SECOND BY COMMISSIONER HERBERT TO CLOSE THE PUBLIC HEARING AND FALLS STAFF RECOMMENDATION OF APPROVAL FOR AN S U P FOR A TWO YEAR PERIOD WITH NO AUTOMATIC RENEWALS, UH, SUBJECT TO REVISED, UH, SITE PLAN CONDITIONS AS BRIEFED, AND A SIX FOOT FENCE IN THE BACK OF THE PROPERTY.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
GO TO CASE NUMBER FIVE, ACTUALLY, COMMISSIONERS.
OKAY, COMMISSIONERS, WE'RE GONNA GET BACK ON THE RECORD.
GEORGE IS GONNA MAKE SURE THAT WE'RE RECORDING.
SO THE, THE FOLKS ONLINE ARE NOT ALWAYS SEEING THE REC THE WE ARE RECORDING SIGN BY THE WAY.
WHEN DO YOU WANT, WHEN DO YOU WANT MORE? ONE MORE OBJECTION.
WE DO HAVE A QUORUM COMMISSIONERS.
[5. 23-2686 An application for a CS Commercial Service District with consideration of an MU-1 Mixed Use District on property zoned an A(A) Agricultural District, on the north line of Dowdy Ferry Road, northeast of the Lyndon B. Johnson Freeway [I-20]. ]
THE RECORD.AND MOVING ON TO CASE NUMBER FIVE Z 2 12 2 9 8.
THIS IS AN APPLICATION FOR A C S DISTRICT COMMERCIAL SERVICE DISTRICT WITH CONSIDERATION OF AN M U ONE MIXED USE DISTRICT ON PROPERTIES ZONE AND AA AGRICULTURAL DISTRICT ON THE NORTH LINE OF DOWDY FERRY ROAD, NORTHEAST OF THE LYNDON B JOHNSON FREEWAY I 20 STAFF.
RECOMMENDATION IS APPROVAL OF AN MU ONE DISTRICT IN LIEU OF A C S DISTRICT.
THANK YOU VERY MUCH, MS. MUNOZ.
IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK ON THIS ITEM? YES SIR.
ACTUALLY, OUR SPEAKER'S IN SUPPORT, MR.
[03:50:01]
COKER.MIKE COKER, 31 11 CANTON STREET, DALLAS, TEXAS, UH, HERE RE REPRESENTING THE APPLICANT IN THIS CASE.
UH, WE REQUESTED A CS DESIGNATION.
WE BELIEVE THAT'S FULLY CONSISTENT WITH THE COMPREHENSIVE PLAN AS WELL AS THE CORRIDOR PLAN THAT WAS ADOPTED IN 2020.
IDENTIFIES THIS TRACK AS A COMMERCIAL RETAIL SITE.
THE CSS ZONING DISTRICT IS DESIGNED TO BE THE INTERACTIVE PLACE BETWEEN RESIDENTIAL AND HEAVY DUTY COMMERCIAL.
OUR TRACK, INTERESTINGLY ENOUGH, HAS AN IR BOUNDARY ON THE NORTH SIDE.
ON THE, ON THE WEST SIDE WE'VE GOT DOWDY FERRY AND THEN A CITY PARK.
UH, TO THE SOUTH WE'VE GOT I 20, AND THEN TO THE EAST WE'VE GOT PANTHER CREEK AND A FLOODPLAIN AREA, AS WELL AS A SUBSTANTIAL AMOUNT OF, OF TREE COVERAGE THAT WE ARE LOOKING TO MAINTAIN.
WITH THAT, WE'D REQUEST THAT YOU APPROVE OUR REQUEST FOR COMMERCIAL SERVICE, AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.
IS THERE ANYONE ELSE WHO'D LIKE TO SPEAK IN SUPPORT? YES, SIR.
WE'LL GO TO OUR OPPOSITION HERE IN A SECOND.
GOOD AFTERNOON, MEMBERS OF THE COMMISSION.
MY NAME IS BILL FUSS, 31 29 HANOVER, DALLAS, TEXAS 7 5 2 2 5.
I'VE BEEN IN MANAGING THIS PROPERTY AS A PART OWNER AND A MANAGER SINCE 1984.
WE BOUGHT THE PROPERTY NOVEMBER OF 1984 AND HAVE HELD IT ALL THOSE YEARS.
THE PROPERTY HAS BEEN MENTIONED AS ZONED AG.
WE HAVE NEVER HAD IN THE COURSE OF THAT OWNERSHIP, A SINGLE DEVELOPER OR HOME BUILDER CALL US REGARDING THIS PROPERTY TO BUY IT OR DEVELOP IT.
IN THE COURSE OF THOSE 38 YEARS, WE'VE HAD A NUMBER OF COMMERCIAL AND INDUSTRIAL DEVELOPERS THAT HAVE SHOWN AN INTEREST IN IT.
THIS IS THE LAST, THIS IS A DIAMOND INTERCHANGE ON HIGHWAY 20 BETWEEN I 45 AND 1 75.
IT'S REALLY ONE OF THE LAST AREAS DALLAS COULD ACHIEVE AS AN ECONOMIC DEVELOPMENT ALONG THAT CORRIDOR THERE.
SO I JUST WANT TO GIVE YOU A LITTLE BACKGROUND.
IN 2008, UH, WE HAD A DEVELOPER INTEREST IN THE LAND.
AND THEN AFTER THE, UH, FINANCIAL CRISIS IN THE ON WALL STREET, THAT, THAT NEGOTIATION ENDED.
WE DIDN'T HAVE ANY OTHER INTEREST IN THE PROPERTY FROM ANY DEVELOPER, RESIDENTIAL, OR INDUSTRIAL OR COMMERCIAL UNTIL ABOUT 2019.
AND, UH, THAT'S WHEN WE STARTED TALKING ABOUT TRYING TO GET THE PROPERTY REZONED.
AND WE HAD SEVERAL MEETINGS DURING THAT YEAR, EARLY 2000, THE FIRST QUARTER OF 2020, WE HAD IT UNDER CONTRACT WITH A DEVELOPER AND THEY SPENT ABOUT EIGHT MONTHS TRYING TO GET IT ZONED AND, AND SPENT ABOUT $300,000 IN CONSULTING FEES AND ENGINEERING FEES.
AND THEY FINALLY GAVE UP AT THE END OF THE YEAR.
AND THAT'S WHEN WE DECIDED TO PICK THE BALL UP AND TRY TO FILE AN APPLICATION FOR ZONING.
DURING 2021, WE HAD APPROXIMATELY EIGHT BONAFIDE USERS AND DEVELOPERS APPROACH US WITH CONTRACTS AND LETTERS OF INTENT TO ACQUIRE THIS PROPERTY.
AND WE'RE TALKING ABOUT 50 ACRES.
THE PROPERTY'S SUBJECT TO THE ZONING.
WE HAVE 84, WE HAVE ANOTHER 30 ON THE OTHER SIDE OF THE CREEK, AND THAT'S, THAT'S RESIDENTIAL.
AND WE, WE DON'T INTEND TO ZONE THAT, BUT WE HAD ABOUT EIGHT, UH, OFFERS ON THE PROPERTY AND WE BASICALLY STIFF ON THEM AND SAID, YOU KNOW, YOUR OFFERS ARE SUBJECT TO ZONING, BUT WE'RE GONNA FILE AN APPLICATION AND TRY TO GET THE ZONING MOVING FORWARD.
AND THEN IF WE CAN GET A POSITIVE ZONING CASE, YOU KNOW, WE'LL ENTER INTO A CONTRACT WITH YOU.
WELL, THAT, THAT WENT ON FOR ABOUT A YEAR.
WE FILED OUR APPLICATION AUGUST, UH, AUGUST, 2021.
NO, AUGUST, 2022 IS WHEN WE FILED OUR APPLICATION FOR ZONING.
AND UH, OF COURSE, WE'RE JUST NOW COMING UP WITH OUR, OUR CASE.
THANK YOU FOR JOINING US, SIR.
YOUR THREE MINUTES ARE UP, SIR.
IS THERE ANYONE ELSE LIKE TO SPEAK IN SUPPORT, SPEAK IN OPPOSITION? YES, SIR.
I'M NOT ALL AGAINST WHAT THEY'RE SAYING.
MY NAME IS BRAD ABRAMS. I LIVE AT 2123 SILVERADO DRIVE, DALLAS, TEXAS 7 5 2 5 3.
[03:55:02]
I WENT YESTERDAY TO EXAMINE THIS PROPERTY.THERE'S, THERE'S MULTIPLE LOTS THAT IT, I'M NOT CLEAR ON.
THERE'S TWO LOTS COMING OFF THE FREEWAY FOR 89 ACRES.
AND THEN THERE'S A THIRD LOT THAT LOOKS INDUSTRIAL WITH CONTAINERS AND CRUSHED CONCRETE.
AND I DON'T KNOW IF THEY WANT, ARE TRYING TO DEVELOP ALL OF IT.
THAT'S WHAT I WAS LOOKING AT AND IT'S NOT VERY CLEAR, BUT THE PLAN I KIND OF GOT A GIST OF IS THERE'S A LOT OF HISTORICAL BIG TREES ON THIS LAND EVERYWHERE.
AND I WANNA MAKE SURE THEY PROTECT, PROTECT ALL OF THEM.
THERE'S, IF THEY'RE BUILDING PART RESIDENTIAL PART, COMMERCIAL PART, THIS PART THAT THERE'S BIG HUGE PECAN TREES AND THERE'S CEDAR TREES AND A GROVE THAT REPRESENTS THAT.
THERE'S DEFINITELY WATER THERE THAT I WANNA MAKE SURE GETS PROTECTED 'CAUSE WE DON'T NEED MORE CONTAMINATION 'CAUSE IT'S FLOWING DOWNSTREAM.
UM, THERE'S JUST A LOT TO DEVELOP THIS.
AND I'M FOR, I'M FOR DEVELOPMENT.
I'M JUST NOT SURE WHAT THEY REALLY CAN SQUEEZE IN THERE.
I THINK THEY COULD BUILD A REALLY BEAUTIFUL HIGH-END NEIGHBORHOOD THAT WOULD BE AMAZING AS WELL AS COMMERCIAL.
IT, IT'S REALLY 50 ACRES OF LAND, SO THEY COULD BUILD SOME REALLY AMAZING THINGS IN THE NEIGHBORHOOD.
I KNOW THAT IF THEY START TO BUILD FURTHER UP THE ROAD, THERE'S GONNA BE MORE BUILDING THOUGH.
AND THERE'S A LOT OF OLD LAND EVERYWHERE AROUND THAT NEIGHBORHOOD.
AND THE PEOPLE ON THE SOUTH SIDE OF 20 AS WELL HAVE BIG LOTS TO SELL.
THEY'RE GONNA WANT TO SELL OFF.
SO IT'S REALLY A PLAN BY THE ARBORISTS AND THE CITY AND MANY OTHER THINGS ABOUT TEXAS.
MAKE SURE THERE'S NO, UH, LIVESTOCK OR, OR ANYTHING LIVING IN THERE THAT'S PROTECTED.
LIZARDS, SALAMANDERS, YOU KNOW, THERE'S A LOT OF, THERE'S A LOT OF RURAL LAND IN THERE THAT NOBODY'S INVESTIGATED WHAT'S LIVING THERE PLANT WISE.
WE'RE NOT SURE IF THERE'S PROTECTED SPECIES IN THERE.
BUT I DO LIKE THE IDEA OF A DEVELOPER FINALLY DEVELOPING OFF A 20 SOMETHING REALLY BEAUTIFUL THERE.
I THINK THAT IT'S LIKE LITTLE FOREST HILLS, IF YOU GET IN THERE, YOU CAN BUILD A WHOLE NEIGHBORHOOD OF SMALL HOUSES AND COMMERCIAL AND SOMETHING ELSE.
IT'S JUST A MATTER OF WORKING AROUND THE TREES.
THANK YOU FOR JOINING US COMMISSIONERS.
WE HAVE A COUPLE OF ONLINE SPEAKERS, UM, THAT WE'RE GONNA HEAR FROM MS. VIS PROVOST, MEGAN PROVOST OR JESSICA RAMIREZ.
AND I WAS I
UM, LET'S GO DOWN A RABBIT HOLE ACTUALLY.
UM, THE HISTORY OF DALLAS HAS BEEN GREAT.
FOREST, SPECIFICALLY FOR TODAY IS KNOWN AS
UH, YOU KNOW, WE ARE CITY
THERE HAS BEEN SOME SUBSTANTIAL AMOUNT OF EVIDENCE THAT THE HISTORICAL FIRE THROUGH THE ENTIRE RIDGE OF THE ISLAND OF SOUTHEAST DALLAS.
THIS AREA IS, SHOULD BE KNOWN AS A STATE HISTORICAL MARKER.
BUT IT, WE DO HAVE ONE FOR ALLISON DOTY, A VETERAN OF THE MEXICAN AND CIVIL WARS, AND ONE OF FIRST TO BE LANDED, UH, GRANTED A LICENSE TO OPERATE A FERRY, UH, IN THIS AREA OF THE TRINITY.
WE ARE AWARE OF THE PRECIOUS 200 YEAR OLD TREES THAT STILL STAND HERE, ODDLY ENOUGH, IN OCTOBER OF EIGHTEEN SIXTY SIX, A HUNDRED FIFTY SEVEN YEARS AGO.
TODAY, THESE LEGISLATORS CHARTERED THE TRINITY SLACK WATER NAVIGATION COMPANY TO PROVIDE IMPROVEMENTS REQUIRED FOR NAVIGATION FROM GALVESTON TO DALLAS.
TEARING IT UP AND SOFTENING IT DOWN IS NOT ESSENTIAL FOR THIS COMMUNITY ON A NATIONAL LEVEL, THIS AREA SHOULD BE PRESERVED FOR HIS, FOR THE HISTORY BOOKS.
INSTEAD OF TRYING TO BE CHANGED FOR THIS, INSTEAD OF TRYING TO BE CHANGED, THIS ZONING WOULD IMPACT THE ADJACENT NATURAL AREAS, CREEKWAY,
[04:00:01]
FLOODPLAINS, AND RESIDENTIAL PROPERTIES ALSO AFFECTING HORSE TRAIL PARKS.I ADVISE THAT YOU WOULD ADVISE YOUR PO POLICY, ESPECIALLY 1.43 TO STRENGTHEN EXISTING NEIGHBORHOODS AND EMBRACE, EMBRACE ENVIRONMENTAL SUSTAINABILITY FOR ATTRACTIVE GETAWAYS.
I DON'T THINK HISTORY IS FOR SALE.
I DO NOT BELIEVE ANIMAL RIGHTS ACTIVISTS WILL BE TOO HAPPY TO HEAR ABOUT THIS EITHER.
LET'S CATCH THE SPIRIT OF THIS NATIONAL TREASURE AND LEAVE IT TO THE CURRENT DEPARTMENTS TO PRESERVE IT.
DO WE HAVE ANY MORE SPEAKERS ONLINE? YES, MEGAN? YES MA'AM.
CAN YOU PLEASE MAKE SURE THAT YOUR CAMERA IS ON? OH, UM, THERE WE GO.
UM, YES, UH, MY NAME IS MEGAN VIS.
I LIVE AT 1322 DODY FERRY ROAD.
UH, I'M ALSO A MEMBER OF DODY FERRY ANIMAL COMMISSION.
WE DEAL WITH ALL THE ANIMALS IN THE AREA.
UM, ONE THING ABOUT THIS PROPERTY IS RECENTLY CITED ON IT, UM, OR COMING OFF THAT IT'S A FAMILY OF REDFIELD FOXES.
STUFF LIKE THAT THAT'S HIDDEN ON THAT PROPERTY DO NEED TO BE LOOKED INTO AND PROTECTED.
UM, THIS, ANYTHING THAT'S TRYING TO BE BUILT ON THIS PROPERTY DOES NOT FIT THE AREA.
UH, THE REASON THAT THIS IS THE LAST UNDEVELOPED LAND OFF OF THE I 20 TRACK IS BECAUSE THE FOREST IS RIGHT THERE.
WE ARE AT THE BEGINNING OF THE GREAT TRINITY FOREST.
DIRECTLY ACROSS THE PARK IS THE GREAT, IS THE GREAT TRINITY FOREST TRAIL PARK.
I MEAN, THIS AREA IS RURAL FOR A REASON.
WE USE THE LAND FOR WHAT IS, UH, A ZONE FOR.
WE HAVE NOTHING BUT FARMS OUT HERE.
WE DO HORSE TRAIL RIDES, EVERYTHING.
THIS DOES NOT FIT THE AREA WHATSOEVER.
UM, ANOTHER THING IS JUST BEING, UH, TEMPTED ZONING FOR ANY ROOM HOTEL.
WE HAVE FIVE HOTELS ALREADY AT HUTCHINS, END OF DOTY FERRY ROAD.
AND THEN AT THE DALLAS END OF DOWTY FERRY ROAD ON 1 75, WE HAVE A MOTEL AND THEN ONE EXIT UP AT, UH, ST.
WE HAVE THREE HOTELS THAT HAVE ALL RECENTLY BEEN IN THE NEWS AND EVEN GOING BACK FURTHER HAVE BEEN IN THE NEWS.
IT'S NOT SOMETHING YOU WANNA BUILD IN THE AREA.
AND AGAIN, THE BEAUTY OF TY FERRY ROAD IS IN DANGER WITH PROPOSED ZONES THAT KEEP POPPING UP FOR IT.
UM, IT'S A HISTORICAL ROAD AGAIN.
IT ONE OF THE, IT'S THE LAST, ONE OF THE LAST AREAS IN DALLAS THAT IS AGRICULTURE FEED ZONE.
AND THE BEAUTY OF IT IS PART OF THE, PART OF IT BEING THE GYM THAT IT IS.
AND THE ANIMALS THAT ARE ON IT, THE, THE RED TAIL HAWKS, EVERYTHING ARE PROTECTED.
SO I REALLY LIKE SOMEONE TO GO IN AND ACTUALLY LOOK AT THE ANIMALS THAT WE HAVE OUT THERE.
WE HAVE 200 YEAR OLD POST OAKS ON THE PROPERTY THAT ARE NATURAL TO THE LANDSCAPE.
DESTROYING THIS IS DESTROYING THE HEART OF DALLAS, WHICH HELPS BUILD SCOTT THREE ROAD HELPS BUILD THE CITY ITSELF.
I THINK THOSE ARE, ARE, IS THERE ONE MORE SPEAKER ONLINE? NO, UH, MR. COKER, YOU GET A TWO MINUTE REBUTTAL, SIR.
PER OUR RULES, MR. CHAIR MEMBERS OF THE COMMISSION, WE HAVE, UH, TAKEN SERIOUSLY THE CONSERVATION OF THE, THE NATURAL HISTORIC TREES.
WE'VE, UH, PREPARED A, UH, COMMITMENT FOR THE DEDICATION OF A CONSERVATION EASEMENT ON THE SOUTH SIDE OF 20.
WE'VE ALREADY DONE A 29 ACRE ONE AND WE'RE PREPARED TO DO A 22 ACRE CONSERVATION EASEMENT ON THE SOUTH SIDE OF OF 20 TO COVER SOME OF THE TREES THAT WOULD HAVE TO BE TAKEN OUT.
NOT THE HISTORIC TREES, BUT SOME OF THE TREES THAT WOULD HAVE TO BE TAKEN OUT FOR THE DEVELOPMENT OF THIS PROPERTY.
BUT WE BELIEVE THAT WE ARE SENSITIVE TO THE ISSUES RELATED TO THE TREES, UH, RIGHT ACROSS THE, THIS DOWDY FERRY FROM OUR PROPERTY THERE, THEY HAVE A HORSE, THERE'S A HORSE TRAIL, AND WE HAVE EVEN CONSIDERED, UH, PROVIDING ACCESS TO THE CONSERVATION EASEMENT AREAS, WHICH WOULD END UP BEING A LITTLE OVER 51 ACRES FROM OUR PROPERTY ON THE, UH, WE ALSO OWN THE SOUTHEAST CORNER OF THAT INTERSECTION.
SO WE BELIEVE THAT THERE'S AN OPPORTUNITY WITH THE RIGHT ZONING,
[04:05:01]
NOT MU ONE, BUT CSS ZONING AS WE'VE PROPOSED TO GET TO A POINT WHERE THERE'S A, A WIN-WIN FOR US, A WIN-WIN FOR ECONOMIC DEVELOPMENT AND A WIN-WIN FOR THE CITY.I'D BE GLAD TO ANSWER ANY OTHER QUESTIONS THAT, THANK YOU SIR.
THERE ARE GONNA BE QUESTIONS FOR YOU, QUESTIONS FOR APPLICANT AND MR. COOKER.
I'LL START US OFF JUST TO A POINT OF CLARIFICATION ABOUT SOMETHING THAT YOU JUST SAID.
I WANNA MAKE SURE THAT I UNDERSTOOD WHAT YOU SAID, THAT YOU ARE WORKING ON THE LANGUAGE FOR A CONSERVATION DISTRICT FOR SOME HEAVILY WOODED PROPERTY, BUT NOT THIS ONE.
FOR IT WOULD BE THE, THE, HOW WE WOULD SOLVE THE REMOVAL OF THE TREES THAT WE WOULD HAVE TO REMOVE ON THE NORTHEAST CORNER BY PRESERVING THESE 22 ACRES OF HEAVILY WOODED AREA ON THE SOUTHEAST SIDE OF THE FREEWAY.
SO YOU, YOU'RE GONNA BE DOING YOUR TREE MITIGATION ON THE OTHER PROPERTY ESSENTIALLY? THAT'S CORRECT.
BUT IN ADDITION TO THAT COMMISSIONER, WE WOULD BE PRESERVING THE HISTORIC TREES.
YOU KNOW, THE ONES THAT ARE, THAT ARE IN A PLACE WHERE, LIKE THE ONES THAT ARE RIGHT AT THE CORNER, THERE ARE FIVE OR SIX REALLY BEAUTIFUL TREES.
AND AS WE ASSUMING WE END UP WITH THE, WITH THE ZONING THAT WE NEED, WE'LL BE BRINGING BACK DETAILED DEVELOPMENT PLANS AS WE MOVE FORWARD FOR THE STAFF TO REVIEW.
AND, AND TREE PROTECTION IS ONE OF THE BIG DEALS IN OUR DEALS.
HOW ARE YOU, UH, IMMORTALIZING THAT ON, ON THIS, ON THIS ROUND? I DIDN'T UNDERSTAND.
HOW, HOW ARE YOU SETTING THAT IN, UH, IN THE CONCRETE IN TERMS OF THOSE HISTORIC TREES ON THIS PROPERTY? UH, SO FAR WE HAVE NOT PUT THAT OTHER THAN ME TELLING YOU THAT THAT'S WHAT OUR INTENT IS.
QUESTIONS, COMMISSIONERS, COMMISSIONER HOUSEWRIGHT, PLEASE.
UM, MR. CHAIR IS CHANNELING SOME OF THE THOUGHTS IN MY MIND, SO I'LL PICK UP WHERE HE LEFT OFF.
UM, ARE YOU WILLING TO, UM, RECORD SOME OF THESE INTENTIONS IN THE, UM, IN, IN, IN OUR, UH, ACTION TODAY? YES.
CAN YOU BE MORE SPECIFIC ABOUT WHAT YOU'RE WILLING TO OFFER? WE'RE WILLING TO OFFER NOT ONLY THE, UH, THE COMMITMENT FOR THE, THE CONSERVATION EASEMENT ON THE SOUTH SIDE OF 20, BUT TO THE PRESERVE THE VERY SPECIFIC HISTORIC TREES THAT ARE ON THE SITE TO THE EXTENT THAT WE CAN AS A FUNCTION OF DEVELOPMENT, AS WE MOVE FORWARD DOWN THE DEVELOPMENT PATH AND, AND COMMISSIONER HOUSE.
YOU KNOW WHAT I'M TALKING ABOUT? THERE'S GONNA HAVE TO BE TREES REMOVED, BUT THE, BUT WE WOULD, WE'RE COMMITTING RIGHT NOW THAT IF WE CAN MOVE THAT WAY, WE WILL PRESERVE AS MANY OF THE BIG HISTORIC OLD TREES AS WE CAN AS A FUNCTION OF MOVING THIS INTO AN ECONOMIC ECONOMIC DEVELOPMENT OPPORTUNITY.
WELL, I UNDERSTAND THAT IN PRINCIPLE, BUT AS I'VE LISTENED TO THE QUESTIONS AND THE DEBATE AMONG THIS BODY TODAY, I DON'T KNOW THAT ANYONE ON THIS HORSESHOE IS WILLING TO ACCEPT, SAVE AS MANY AS WE CAN.
SO, UM, YOU KNOW, I'M, I'M WONDERING IF WE'RE GONNA ARRIVE AT A POSITION WHERE WE NEED TO HOLD THIS AND, UH, AND, AND WORK ON SOMETHING.
'CAUSE WHEN I, WHEN I LOOK AT THE, AT THE STAFF REPORT, AND I LOOK AT THE CONDITIONS JUST ILLUSTRATED SIMPLY BY THE SATELLITE PHOTOS, YOU'VE GOT A BODY OF WATER ON THE SITE, YOU'VE GOT A TREMENDOUS AMOUNT OF TREE COVER, YOU'RE CONNECTED TO THE, UH, TRINITY RIVER, UM, UH, BASIN.
UM, YOU'VE GOT A PRETTY EXTRAORDINARY SITE.
AND I, YOU KNOW, I WANT TO RESPECT THE, THE FACT THAT YOU'RE ON A FREEWAY CORRIDOR AT THE SAME TIME.
SO I I I I GET THE TENSION THERE, BUT, UM, I THINK THE, UH, CONSERVATION EASEMENT ON THE SOUTH SIDE IS ADMIRABLE AND WE'RE GREATLY APPRECIATIVE OF THAT.
BUT I, I THINK WE'RE GONNA NEED SOMETHING A LITTLE MORE TANGIBLE ON, ON THE NORTH SIDE IN ORDER TO GET YOU WHERE YOU NEED TO GET.
UH, ONE COMMENT ABOUT I 20, UH, NICE TO SEE YOU, MR. SLEEPER.
UM, I 20 CARRIES 166,000 CARS A DAY.
AND ONE OF THE ISSUES THAT AS AN URBAN PLANNER THAT I'VE BEEN WRESTLING WITH IS THE NOISE LEVELS THAT ARE CREATED BY 166,000 CARS A DAY, THE BULK OF WHICH ARE DURING THE DAYTIME.
BUT I I, I USE 20 A LOT IN THE NIGHT.
'CAUSE I, I'M ALSO A CITY PLANNER OVER IN ROCKWALL COUNTY.
UM, AND THE BIG TRUCKS ARE OUT THERE AT NIGHT AND THE NOISE LEVELS ARE PRETTY INTENSE.
AND IF YOU THINK ABOUT THE STAFF'S RECOMMENDATION FOR M U ONE THAT WAS IS, AND YOU, AND YOU HEARD, UH, MR. ABRAMS TALK ABOUT A NICE RESIDENTIAL NEIGHBORHOOD.
THE, THE NOISE LEVELS ARE REALLY INTENSE.
AND IF YOU TAKE A LOOK AT THE NOISE LEVELS IN YOUR ORDINANCE,
[04:10:01]
UH, YOU'RE SUPPOSED TO HAVE A NOISE LEVEL FOR RESIDENTIAL NOT TO EXCEED 56 DECIBELS AT NIGHT.WELL, THE NOISE LEVEL TODAY, ALL THE TIME IS IN EXCESS OF 91 DECIBELS, NOT AT THE CORNER CLOSEST TO THE INTERSECTION, BUT AT THE CORNER THAT'S NEXT ON DOWDY FERRY NEXT TO THE TOP CAT SITE, WHICH IS THE IR TRACK NORTH OF US.
BUT, BUT, UH, COMMISSIONER HOUSEWRIGHT, ONE OTHER THING.
UH, WE ARE WILLING TO PUT TOGETHER A, SOME DEED RESTRICTIONS THAT WOULD HELP US ANSWER SOME OF THOSE QUESTIONS ALONG WITH SOME DESIGNATION OF TREE AREAS TO BE PRESERVED.
UH, I THINK THAT WOULD BE WELCOME.
I, FOR ONE, WOULD BE INTERESTED IN SEEING THAT.
AND, AND I I HEARD YOUR COMMENT A MOMENT AGO ABOUT, ABOUT DECALS.
I'M UNDER NO ILLUSIONS THAT THIS IS RESIDENTIAL LAND.
UM, NEVERTHELESS, I THINK THERE'S STILL SOME RELEVANCE TO, TO TALKING ABOUT WHAT YOU'RE DOING ON THE EAST SIDE OF THE PROPERTY.
UH, COMMISSIONER BLAIR FOLLOWED BY COMMISSIONER SLEEPER, MR. ROKER, SORRY,
I'M HAVING A PROBLEM WITH NAMES RIGHT NOW.
IS THAT NOT CORRECT? THAT'S CORRECT, MA'AM.
THIS IS NOT ON THE MU ONE ZONING THAT YOU'RE SPEAKING OF.
IS THAT NOT CORRECT? THAT IS ALSO CORRECT.
YOUR, YOUR PROPOSAL ONLY AT ONLY APPLIES TO THE CSS, WHICH WILL ALLOW, UM,
RESIDENTIAL USES ARE PERMITTED.
CSS DOES NOT ALLOW RESIDENTIAL.
SO YOU, SO YOU, THE DEVELOPMENT THAT YOU'RE SPEAKING OF IS NOT ONE THAT IS IN ALIGNMENT WITH WHAT STAFF IS RECOMMENDING IN LIEU OF THE CSS.
SO YOU'RE, YOU'RE, YOU'RE, YOU'RE, YOU'RE NOT WILLING OR YOU'RE NOT, UM, CONSIDERING A SOFTER ZONING THAT WITH THE, THE CONSERVATION EASEMENT FOR THE TREES AND THE TREE MITIGATION PLAN, BUT ONLY FOR CSS? THAT'S CORRECT, MA'AM.
PARDON ME IF YOU'VE GONE OVER THIS ALREADY, MR. KLER OR MR. FUSS, BUT, UM, ARE, ARE YOU SAYING THAT, UH, YOU WANT THE CSS ZONING AND THAT'S ALL YOU WANT AND IF, IF IT'S MU ONE, YOU REALLY DON'T WANT THE ZONING CHANGE? AM I UNDERSTANDING THAT CORRECTLY, MR. SLEEPER? I BELIEVE THAT YOU DO UNDERSTAND THAT CORRECTLY.
PLEASE, UH, I HAVE A QUESTION FOR STAFF OR MR. COKER.
UH, WHAT PERCENTAGE OF THE SITE IS IN A FLOODPLAIN OUT OF THE 50 ACRES AND WE'VE GOT 51 ACRES AND ABOUT 17 ACRES, UH, LET ME ASK OUR APPLICANT, THE PROPERTY OWNER, MR. FUZE, OUT OF THE ENTIRE FI 84 ACRES ON THE NORTH SIDE OF I JUST, THE, JUST, UH, OUT OF THE, OUT OF THE 53 ACRES, 46 ACRES IS DEVELOPABLE.
THE OTHER IS IN THE FLOODPLAIN.
OF THAT 46 ACRES, FIVE ACRES HAS TO BE RECLAIMED.
AND WE HAVE FILED, THE ENGINEERS HAVE FILED FOR A FIELD PERMIT ON THAT FIVE ACRES, WHICH WE HAD.
WE'VE HAD ONE SINCE 1988, BUT IT, IT EXPIRED AND WE HAD TO RENEW IT.
CAN YOU EXPLAIN WHAT RECLAIMED MEANS FOR WHEN YOU'RE SAYING RECLAIMED OF THE FIVE ACRES? HE WANTS TO KNOW ABOUT THE FIVE ACRES THAT WOULD REC THE FILL PERMIT.
WE HAVEN'T, WE HADN'T RECLAIMED IT.
IT'S STILL IN THE FLOODPLAIN, BUT IT'S, WE HAVE A FILL PERMIT FROM THE CITY TO RECLAIM IT.
THAT WOULD BE FILLING IT WITH MATERIAL TO MAKE IT A, FILLING IT WITH MATERIAL ON SITE.
MORE, MORE OPPORTUNITY FOR DEVELOPMENT THERE.
BUT BASED ON THAT, BETWEEN THE 46 AND THE, AND THE 53 ACRES THAT WE HAVE SEVEN ACRES.
MR. MR. COKER, YOU HIT THE MR. COKER, MR ON THE MICROPHONE.
'CAUSE WE HAVE FOLKS ON LINE WON'T BE ABLE TO HEAR YOU PLEASE.
[04:15:01]
THE TREE ISSUE? GO AHEAD.AND REGARDING THE TREES, UH, OF THE 84 ACRES THAT WE OWN ON THE NORTH SIDE OF I 20 PRAIRIE CREEK TRAVERSES THAT 84 ACRES, THERE'S APPROXIMATELY 30 ACRES ON THE EAST SIDE OF, UH, PRAIRIE CREEK, 54 ACRES ON THE WEST SIDE.
AND THERE'S A, THERE'S A, A LARGE GREENBELT AREA THAT WILL BE BOUNDED ON BOTH SIDES OF THE CENTER LINE OF PRAIRIE CREEK, APPROXIMATELY SEVEN ACRES ON THIS PROPERTY THAT THE SUBJECT PROPERTY THAT WE'RE ASKING TO REZONING ON.
SO THERE'S THAT GREEN BELT WILL MAINTAIN BUT WILL BE MAINTAINED.
AND MIKE'S CORRECT IN SAYING THAT WE WILL OBVIOUSLY AS A DEVELOPER, A PRUDENT DEVELOPER.
I, NOT WE, BUT IF WE SELL IT, WE'LL HAVE SOME KIND OF AGREEMENT WITH THE DEVELOPER TO MAINTAIN THE EXISTING TREES WHERE THEY CAN.
AND IT, AND IT LOOKS LIKE FROM THE AERIAL MAPS, THE, I PRESUME THEY'RE GOOGLE, UH, THAT'S THE DENSEST, DENSEST SECTION OF TREES IS ALONG THE, THE, UH, WHERE THE WATER IS AND WHERE THE FLOOD YEAH, THAT LITTLE POND IS IN THE FLOOD PLAIN.
IT'S IN THE FLOODWAY, UH, NEXT TO THE CREEK.
AND THAT WHOLE GREEN BELT AREA IS ADJACENT TO PRAIRIE CREEK.
SO A CONSIDERABLE AMOUNT OF THE TREES ARE ALREADY PROTECTED.
THOSE, ALL THOSE TREES WILL STAY INTACT.
COMMISSIONER SHERLOCK? UH, COMMISSIONER BLAIR.
SEE, I SEE A QUESTION IN COMMISSIONER KINGSTON'S FACE, BUT I'M NOT SURE YOU YES, I SEE IT.
I HAVE THOUGHTS, BUT I DON'T HAVE A QUESTION.
LOTS OF THOUGHTS FLOATING AROUND HERE.
UM, COMMISSIONER
ARE, UM, APPLICANT, APPLICANT.
ARE YOU ALL WILLING TO, UM, IF THE COMMISSIONER AGREES TO, UM, DELAY THIS, THIS PARTICULAR ITEM AND GET US SOME TYPE OF DEVELOPMENT, SOME TYPE OF PLANS THAT WE CAN VISIBLY SEE AND WHERE YOU ALL ARE WILLING TO, UM, PUT IN PLACE WHAT TREES WILL BE, UM, WILL NOT BE CUT DOWN OR, AND MAINTAINED? BECAUSE RIGHT NOW WE HAVE NO VISUAL OF WHAT YOU ALL ARE ACTUALLY PROPOSING THAT YOU ALL ARE WILLING TO DO.
WE'RE WILLING TO, THAT WE'RE GOING TO BLIND, WE'RE GOING IN BLIND AND IT'S KIND OF HARD TO MAKE A, A DECISION BASED OFF OF THAT.
UM, WE ARE HAPPY TO, TO TAKE SOME MORE TIME AND PREPARE A, A CONCEPT PLAN FOR YOUR CONSIDERATION THAT WOULD ALSO SHOW TREE PRESERVATION ON THIS TRACK THAT WE WOULD DESIGNATE SPECIFICALLY IF THAT WERE THE CHOICE, THE DECISION OF THE COMMISSION.
AND SO I I I AND I DO UNDERSTAND THAT YOU ALL ARE, UM, MAYBE BECAUSE OF WHO'S COMING TO YOU ALL, HAVE YOU ALL TOOK INTO CONSIDERATION MAYBE GETTING, UM, UH, HAVING DEVELOPMENT THAT WOULD BE A DESTINATION TO BE ABLE TO EXPLORE THE, THE LAND THAT YOU ALL HAVE THAT WOULD BE A BETTER ITEM FOR US TO APPROVE.
UM, HAVE YOU ALL LOOKED AT THAT SINCE IT'S, IT'S, UH, HAS SO MUCH NATURAL AMENITIES? WE HAVE GIVEN SERIOUS BECAUSE WE'VE OWNED THE PROPERTY FOR OVER 30 YEARS.
BUT, UM, WE HAVE CONSIDERED ALL THE OPPORTUNITIES TO MAKE THIS INTO A VALUABLE ASSET BESIDES JUST BEING THE AG ZONING DISTRICT THAT IT IS.
AND WE ARE OPEN TO ANY POSITIVE RESULT THAT BENEFITS US, THE CITY AND THE COMMUNITY.
'CAUSE YOU ALL IN, IN, IN THE DAY OF WORK, EVERY EVERY PIECE OF LAND IS BEING OVERDEVELOPED.
YOU ALL HAVE A, A, A DIAMOND AND, AND TO CONSIDER JUST CSS OR NOTHING, I REALLY BELIEVE THAT YOU ALL CAN, CAN DEVELOP THIS INTO SOMETHING THAT CAN PRESERVE WHAT YOU HAVE AND HAVE SOME TYPE OF ECONOMIC, UH, DEVELOPMENT WITH IT.
WE'RE HAPPY TO EXPLORE THAT AND TAKE WHATEVER TIME IT TAKES TO GET TO.
COMMISSIONER TR WRITE PLEASE FOLLOW UP.
[04:20:01]
BACK TO THE COMMENT THAT THE APPLICANT MADE ABOUT THERE BEING SEVEN ACRES ALONGSIDE PANTHER CREEK.CAN YOU DESCRIBE THAT A LITTLE BIT MORE PLEASE? I, I DIDN'T REALLY UNDERSTAND THE QUESTION.
CAN YOU PLEASE DESCRIBE AREA AROUND, I THINK YOU SAID PANTHER CREEK ON THE EAST SIDE, YOU MENTIONED SEVEN ACRES.
WE HAVE A FILL PERMIT TO FILL SEVEN ACRES ON THE EASTERN SIDE, BUT NOT IN THE CREEK ITSELF.
THERE THERE'S SEVEN ACRES IS LET, LET ME HAVE THE OWNER SPECIFICALLY, I WAS REFERRING TO SPECIFICALLY ON THE SUBJECT TRACK, THE SUBJECT TO REZONING.
THERE'S SEVEN ACRES APPROXIMATELY BETWEEN THE CENTER LINE OF THE CREEK AND THE FLOODPLAIN LINE AS IT'S ENGINEERED.
SO THERE'S MORE, PROBABLY MORE LIKE 14 ACRES THAN THE ENTIRE GREENBELT THROUGH THE PROPERTY ON THE EAST SIDE AND THE WEST SIDE OF THE CENTER LINE OF PRAIRIE CREEK.
I'M JUST, I'M USING AN APPROXIMATE SEVEN ACRES, UH, THAT IS ON THE EAST SIDE OF THE CREEK AND IS FALLS WITHIN THIS, UH, ZONING CATEGORY AND IT STAYS, THAT'S NOT WHAT WE'RE RECOVERING.
YEAH, THAT, THAT WE'RE NOT CLEARING ANY OF THOSE TREES.
I MEAN WE'RE, WE'RE ADHERING TO HOW THE FIELD PERMIT HAS BEEN, UH, IN ADMINISTERED BY THE CITY OF DALLAS.
AND IT'S, IT'S THAT FIELD PERMIT, LIKE I SAID, THERE'S PEOPLE THAT HAD IT UNDER CONTRACT, SPENT ABOUT $300,000 IN ENGINEERING.
THEY CARRIED IT THROUGH THE FIELD PERMIT TO, IN ORDER TO FILL THAT FIVE ACRES OF LAND.
THIS GOES UP INTO THE TRACK, HUH.
AS FAR AS THE, THE EXISTING, THERE'S SOME BEAUTIFUL TREES OUT THERE AND, UH, ANY DEVELOPER DEVELOPING THAT PROPERTY, IF THEY CAN SAVE THOSE TREES, THEY'RE GONNA DO IT.
YOU KNOW, I MEAN THERE'S TREMENDOUS ASSET.
THERE ARE SOME NICE TREES, BUT IT'D BE HARD TO PINPOINT AND SAY THESE TREES ARE GONNA STAY PERPETUALLY BECAUSE ONE THING, THERE ARE THESE, THESE BEAUTIFUL OAK TREES AND SOME OF 'EM ARE GETTING, BECAUSE OF THE DROUGHT, THEY'RE, THEY'RE GETTING KNOCKED OVER IN HIGH WINDS.
SO, BUT WE'LL, WE'LL CERTAINLY WORK WITH THE CITY TO TRY TO, I, YOU KNOW, IDENTIFY ANY AREAS THAT CAN BE PRESERVED AND WE APPRECIATE THAT.
I THINK ONE OF THE CONCERNS IS MAKING SURE THAT THAT IS A BINDING OBLIGATION AND NOT JUST AN INTENT.
I ALSO WONDER IF YOU'VE THOUGHT ABOUT NOT ASKING FOR A ZONING CHANGE ZONING ON THIS FULL PIECE OF PROPERTY AND LEAVING SOME OF IT AG TO THE EAST.
I I UNDERSTAND THAT, THAT QUESTION AND FOR THAT PART THAT IS, UH, THAT WE HAVE NO INTENTION OF EVER DEVELOPING HAPPY TO HAVE A SOLUTION THAT REZONES THE PART THAT WE, THE 46 ACRES THAT WE WANT TO DEVELOP AND LEAVING THE REMAINDER OF THAT 53 ACRES IN AG, I THINK THAT THAT'S A DOABLE DEAL.
SECOND THING, UH, WE'RE HAPPY TO PUT TOGETHER A DEEDED RESTRICTION THAT IS BINDING THAT WOULD SHOW HOW AND WHERE WE WOULD PRESERVE TREES ON THE SITE.
AND SECONDLY, HOW THE CONSERVATION EASEMENT THAT WE ARE PROPOSING THAT WE'VE ALREADY GOT APPROVED BASICALLY ON THE SOUTH SIDE OF I 20 WOULD BE AFFECTED AS WELL.
COMMISSIONER KINGSTON? YEAH, I'M, I'M STILL NOT CLEAR ON WHERE THE, UH, RECLAMATION AREA IS.
CAN YOU DESCRIBE IT FOR ME ONE MORE TIME? WE, WE HAVE A MAP AND HE'S GONNA GET THAT OUT AND PERFECT.
HE'S MARKING IT UP AS WE SPEAK
I KNOW THAT'S THAT AREA RIGHT THERE.
AND WHAT IS THERE
HERE'S THE, HERE'S IT'S, I'M SORRY
[04:25:07]
MR. COOKER.JUST, JUST KNOW IF WE, IF WE TOUCH THAT PIECE OF PAPER, IT BECOMES OURS, RIGHT? IT'S, IT'LL BECOME PART OF THE RECORD.
THAT'S THE AREA THAT WE HAVE ON THE MICROPHONE THERE.
YEAH, THAT AREA DOWN CLOSER TO PANTHER CREEK THAT YOU CAN SEE ON THE MAP THAT WE MARKED UP.
THAT'S THE FIVE ACRES WHERE THE FILL PERMIT IS LOCATED.
THE REMAINDER OF THE PROPERTY STAYS AS IT IS IN THE FLOODPLAIN AND FLOODWAY LINE IS NOT MODIFIED WITH THE EXCEPTION OF THAT ONE FILL AREA DOWN ON THE LOWER, UH, EAST SIDE OF THE PROPERTY.
I'M GONNA PASS THIS AROUND AND PUT THE CASE NUMBER ON IT AND MARKED IT AS EXHIBIT A.
I'M GONNA PASS IT AROUND TO MY COLLEAGUES.
SO, SO JOHN, CAN I HELP YOU PLEASE? COMMISSIONER BLA.
SO, UM, MR. ROKER, THIS SECTION RIGHT HERE, THAT'S, THAT, THAT'S RIGHT HERE.
IS THAT THE, THE FLOOD, IS THAT THE, THE RECLAIM AREA? YES MA'AM.
AND THAT'S THE AREA THAT YOU WANNA DO THE FILL IN, CORRECT? YES MA'AM.
AND THAT'S IN THAT AREA DOES, JUST SO THAT EVERYONE CAN SEE, UH, CAN SEE IS WOODED CORRECT? YES MA'AM.
SO I'M JUST GOING TO PASS THIS DOWN.
AND IT'S THE SECTION THAT'S CIRCLED ON THE BOTTOM.
SO THE LARGE CLEARING AREA IS, THAT'S THE DEVELOPMENT THING THAT THEY HAD THE LEASE AMOUNT, TREES, UHHUH,
SO THAT'S NOT THAT, THAT AREA THAT WE'RE TRYING TO RECLAIM IS MOSTLY, I'M GONNA USE A TERM TRASH TREES, BUT THEY'RE NOT TREES THAT ARE NORMALLY PRESERVED.
YOU COMMISSIONER CARPENTER? YES, MR. COKER.
THE DE RESTRICTIONS THAT WE HAVE HAVE TO DO WITH HOTEL AND RESTAURANT USES AND THESE ARE USES THAT ARE ALLOWED IN MU ONE.
UM, CAN YOU, YOU, YOU KEEP SAYING THAT MU ONE IS NOT SOMETHING YOU WANT, YOU HAVE TO HAVE CSS.
WHAT USES ARE YOU WANTING THAT ARE ONLY ALLOWED IN CS? IF YOU LOOK AT THE BOTTOM OF THAT SET OF DEEDED RESTRICTIONS, I THINK THERE IS TWO SECTIONS OF THAT.
ONE IS AREAS THAT WE WANNA MODIFY AND THAT'S WHERE THE HOTELS AND THAT KIND OF STUFF IN THE NO OVERNIGHT PARKING IF COMMERCIAL VEHICLES.
BUT BELOW THAT YOU'LL SEE THAT THERE WAS A, A GROUP OF MY RECOLLECTION WAS THERE WAS A GROUP OF OF USES THAT WERE, WE WERE GONNA PROHIBIT.
I'M NOT SURE THAT THAT'S IN THERE.
I DON'T I THAT THAT LIST THAT MAYBE THAT DIDN'T MAKE THE TRANSITION.
UM, THERE ARE USES THAT ARE ALLOWED IN CSS THAT ARE NOT ALLOWED IN MU ONE AND THERE ARE USES THAT ARE ALLOWED IN M U ONE THAT WE DON'T WANT TO USE AND WE DON'T, WE DON'T BELIEVE THAT ANYBODY WOULD HAVE A USE FOR OUR PROPERTY FOR THOSE USES.
AND I'LL GIVE YOU AN EXAMPLE, THE RESIDENTIAL COMPONENT, AND I THINK I'VE TALKED ABOUT THE EFFECT OF NOISE ON COMMUNITIES AND OUR, OUR NOISE REGULATIONS IN THE ZONING ORDINANCE IN DALLAS REQUIRES THAT YOU NOT HAVE NIGHTTIME NOISE IN EXCESS OF 56 ACCESSIBLES AFTER MIDNIGHT, FIVE FEET IN AND FIVE FEET UP IN YOUR PROPERTY.
AND I'VE DONE THE NOISE STUDIES OUT THERE AND, AND WE WERE AT 70 AT MIDNIGHT, 71 AT THE INTERSECTION OF DOWDY FERRY AND TOP CATT.
I UNDERSTAND THAT, BUT MU ONE ZONING WOULD NOT REQUIRE YOU DO RESIDENTIAL, BUT YOU'RE WANTING CSS APPARENTLY FOR SPECIFIC USES.
AND I'LL, I'LL EXPLAIN WHY I'M ASKING.
'CAUSE THERE ARE SPECIFIC USES THAT ARE ALLOWED BY RIGHT IN CSS THAT I WOULD PERSONALLY FIND VERY TROUBLING HERE.
AND ALSO I WOULD FIND THEM, UM, TO BE INCOMPATIBLE WITH YOUR ASSERTION THAT ANY DEVELOPMENT WOULD TRY TO PRESERVE TREES.
'CAUSE I CAN SEE WAREHOUSE OR A COMMERCIAL MOTOR VEHICLE PARKING LOT.
I MEAN THOSE PLACES TEND TO BLADE SCRAPE AND, AND PAVE.
AND SO I'M, I'M JUST TRYING TO UNDERSTAND WHAT IS IT THAT YOU'RE NEEDING IN CSS THAT YOU CANNOT GET AN MU ONE? I THINK I UNDERSTAND YOUR QUESTION.
I DON'T THINK I'M CONFIDENT TO ANSWER THAT.
BUT I THINK MR. FUSS CAN, DID YOU UNDERSTAND WHAT SHE ASKED? THE QUESTION WAS WHAT IN CSS DO WE NEED THAT IS NOT PROVIDED IN M U ONE? IS THAT RIGHT? YES, THAT'S IT.
I THINK A LOT OF THE USES IN CSS CATER TO THE HIGH TRAFFIC FREEWAY THAT ADJACENT TO OUR PROPERTY U ONE.
UH, IT IDENTIFIES SOME COMMERCIAL AND RETAIL USES, BUT PRIMARILY IT SEEMS LIKE IT IDENTIFIES MORE RESIDENTIAL.
[04:30:01]
VERY BEGINNING, WE HAVE NEVER HAD A SINGLE CALL IN 38 YEARS FOR ANYBODY WANTING TO DEVELOP RESIDENTIAL AT THIS LOCATION, WE WOULD BE THRILLED TO SELL IT TO A RESIDENTIAL DEVELOPER IF THERE WAS ONE THAT COULD, YOU KNOW, PAY A COMPARABLE PRICE TO WHAT SOME COMMERCIAL USERS CAN PAY.I'VE CALLED, WHEN THE DISCUSSION ABOUT MU ONE CAME UP, I'VE MADE SEVERAL CALLS TO SOME MULTI-FAMILY DEVELOPERS RECOGNIZE, YOU KNOW, PROMINENT MULTI-FAMILY DEVELOPERS IN THE TOWN, AND THEY JUST REALLY DIDN'T HAVE ANY INTEREST.
WE WERE TALKING ABOUT WORKFORCE HOUSING.
I, I THINK THERE'S SOME CONFUSION HERE THAT, YOU KNOW, MU ONE SOMEHOW OBLIGATES YOU TO DO RESIDENTIAL ZONING.
YOU KNOW, IT DOES NOT, YOU KNOW, IT WOULD ALLOW, YOU KNOW, I MEAN, YOUR DEEDED RESTRICTIONS THAT I SEE INCLUDED HERE TALK ABOUT HOTEL AND, UM, UH, RESTAURANTS, YOU KNOW, THOSE ARE ALLOWED IN MU THEY'RE ALLOWED IN CSS.
BUT I, I THINK, YOU KNOW, WHAT I HEAR AROUND THE HORSESHOE IS A GREAT DEAL OF CONCERN ABOUT, YOU KNOW, THE TREES AND ALL THAT.
AND WHAT TROUBLES ME IS WITH A STRAIGHT CS ZONING IS THERE ARE USES ALLOWED BY RIGHT.
THAT WOULD, WOULD NOT SEEM COMPATIBLE WITH PRESERVING THAT SORT OF, UH, YOU KNOW, WITH THE, THE TREES AT ALL.
I MEAN, BECAUSE CS, UH, WOULD ALLOW BY RIGHT WAREHOUSES AND COMMERCIAL MOTOR VEHICLE PARKING LOTS, WHICH WOULD JUST BE, YOU KNOW, ACRES AND ACRES OF BIG RIGS PARKED ON A, WHICH, YOU KNOW, WOULD NOT BE CONSISTENT WITH WHAT I HEAR YOU DESCRIBING AS AN EFFORT TO TRY TO PRESERVE, UM, TREES.
SO I PERSONALLY, I WOULD FIND IT HELPFUL IF I KNEW WHAT USES YOU WERE LOOKING AT TO SEE.
AND I, I, UH, I THINK THE CSS ZONING AS IT IS ON THE COMPREHENSIVE PLAN IS MORE COMPATIBLE WITH THE CURRENT MARKET FOR THAT FREEWAY PROPERTY.
I UNDERSTAND YOUR, BUT I'LL, I'LL SUM IT UP THAT WAY.
THE MARKET BASICALLY, BUT THERE ARE COMMERCIAL USES THAT DON'T REQUIRE CSS ZONING AS AN EXAMPLE.
HOTELS, GENERAL MERCHANDISE STORES, UM, RESTAURANTS, OFFICES, YOU KNOW, THOSE USE THOSE USES MIGHT BE THERE, BUT THEY CERTAINLY HADN'T BEEN EVIDENT TO US AS FAR AS ANYBODY INTERESTED.
ALRIGHT, THANK YOU COMMISSIONER HERBERT.
TO PIGGYBACK OFF OF THAT, WHAT USE HAS BEEN PRESENTED TO YOU AS PROFITABLE FOR YOU? WHAT, WHAT USE ARE YOU LOOKING AT USES? ARE YOU, YOU'RE ASKING I HAVE A REAL HEARING.
WHAT USES, ARE YOU LOOKING FORWARD TO BRINGING IN, UH, EXAMPLES OF WHAT MAY BE THERE, IF THAT MAKES SENSE.
WELL, I REMEMBER THREE YEARS AGO, MAYBE THREE AND A HALF, I SAT DOWN WITH MR. ATKINS, UH, WHEN WE FIRST STARTED THINKING ABOUT REZONING THIS PROPERTY.
AND I WAS EVEN DISCUSSING WITH HIM IMM ZONING, NOT BECAUSE WE WANTED TO BUILD A BATCH PLANT OR AN ASPHALT PLANT OR ANYTHING LIKE THAT, BUT BECAUSE WE COULD SEE PROPERTY BEING PURCHASED AROUND THE CEDARS IN SOUTH DALLAS, SOUTH, YOU KNOW, SOUTH OF THE CITY, UH, DOWNTOWN.
AND I THOUGHT, OKAY, THIS WOULD AT LEAST GIVE THOSE USERS AN OPPORTUNITY TO STAY IN DALLAS AND HAVE A LOCATION IN THE CITY OF DALLAS.
SO WE WERE TALKING TO 'EM AT THAT TIME ABOUT I AM ZONING AND, AND, UH, ANYWAY, UH, NOT LONG AFTER THAT, WE GOT UNDER CONTRACT WITH A DEVELOPER WHO WAS SATISFIED WITH IR ZONING AND, UH, WHICH IS INDUSTRIAL RESEARCH.
UH, THAT HAS BEEN THE MOST PREDOMINANT USE AS FAR AS PEOPLE THAT HAVE BEEN INTERESTED IN THE PROPERTY.
NOW, I, I DO THINK SOME OF THESE COMMERCIAL USES WOULD, WOULD, WOULD JOIN THAT.
I MEAN, YOU KNOW, AT THE CORNER, MAYBE SEVERAL RETAIL SITES OR PATH SITE, WE'VE EVEN, YOU KNOW, LOOKED AT SOME OTHER KINDA RETAIL ON THE CORNER, BUT THE, YOU KNOW, WE'VE GOT SEVERAL THOUSAND ACRES OF NATURAL FOREST IN MACOMBS LANDFILL, 2000 ACRES.
SO IT'S, THERE'S NOT A LOT OF DENSITY IN THAT AREA TO SUPPORT LOCAL RETAIL COMMISSIONER.
I, I, I THINK, I, I THINK THE BODY IS, IS, IS ASKING YOU TO GIVE SPECIFIC TYPES OF USES BECAUSE IT'S KIND OF LIKE WE'RE GOING AROUND THE BLOCK AND WE JUST NEED A SPECIFIC, AND THE REASON BEING IS WE HAVE LIMITED TO GO OFF OF.
THERE IS NOT A VISUAL FOR US TO BE ABLE TO SAY, WELL, YAY, NATE, LOOKING AT WHAT YOU GAVE US, WE DO SEE THAT THERE'S A LOT OF CLEARED LAND BESIDES WHAT YOU WANNA RECLAIM.
IF YOU CAN GIVE US SOME SPECIFIC
[04:35:01]
PEOPLE WHO'VE CALLED AND SAID, NOT THE PEOPLE THAT CALLED, BUT WHAT ARE THEY SAYING? WHAT IN IR ARE THEY PROPOSING THAT THEY WANNA PUT THERE, THAT GIVES US SOME CONTEXT ON WHICH WAY WE SHOULD GO.I UNDERSTAND THAT THAT IS A, THAT THAT AREA MIGHT NOT SUPPORT A CONVENIENCE STORE OR A SMALL RETAIL STRIP BECAUSE OF THE, THE, THE, THE LACK OF DENSITY.
UM, WE DON'T KNOW HOW IT MIGHT BE ADVERTISED.
AND, AND WE, ANY OF THOSE THINGS, WE'RE JUST TRYING TO GET TO A POINT SO THAT YOU CAN TELL US WHAT SPECIFIC TYPE OF BUSINESS CALLED AND SAID I MIGHT WANNA DEVELOP THERE.
AND THAT WILL GIVE US SOME CONTEXT, BECAUSE IF IT'S A SHOPPING MALL, THEN WE KNOW THAT IT'S A SHOPPING MALL.
BUT IF IT'S IR, I CAN THINK OF A THOUSAND THINGS.
MY HUSBAND HAS A, A TRUCK PARKING LOT IN A IR ZONING, RIGHT? AND NEXT DOOR, HIS BROTHER HAS A CAR LOT.
I DON'T KNOW WHICH ONE IS ALLOWED.
SO THAT'S KIND OF WHERE WE'RE, WE'RE TRYING TO GET TO.
I THINK ANY KIND OF TRUCK PARKING, IF I'M NOT MISTAKEN, TAKES SS U P ANYWAY, REGARDLESS OF WHAT THE ZONING IS.
I'M NOT, MAYBE NOT, UH, WE CAN COME UP WITH A PLAN, WE CAN COME UP WITH A CONCEPT PLAN, BUT KEEP IN MIND WE ARE OWNERS OF THE LAND.
I MEAN, I'VE GOT PARTNERS IN HERE THAT ARE, YOU KNOW, 90 YEARS OLD.
I MEAN, SO THERE'S NO DEVELOPMENT HERE THAT'S GONNA TAKE PLACE.
IT'LL BE THE DEVELOPER THAT COMES TO THE MARKET AND WANTS TO ACQUIRE THIS LAND AND DEVELOP IT, AND WE'RE JUST TRYING TO NOT HAVE TO STAY UNDER CONTRACT FOR A YEAR GETTING IT REZONED.
WE'RE TRYING TO GET IT ZONED BEFORE THAT HAPPENS.
BUT WE CAN, WE CAN CERTAINLY COME UP WITH SOME CONCEPT PLANS AS TO HOW WE WOULD SEE IT DEVELOPING.
WE KNOW THAT YOU ARE NOT THE DEVELOPER.
YOU SAID THAT YOU HAD SOME INQUIRIES HAVE BEEN UP UNDER CONTRACT MULTIPLE TIMES.
COULD YOU GIVE US SOME CONTEXT IS WHAT INDUSTRY OF PEOPLE, WHAT, WHAT, WHAT TYPE OF BUSINESS? BECAUSE THE DEAL IS IF SOMEONE'S CALLING YOU ABOUT A WAREHOUSE, JUST TELL US THEY'RE CALLING ABOUT A WAREHOUSE.
IF THEY'RE CALLING ABOUT MAYBE A, ANYTHING THAT IS INCLUDED IN OUR ART.
BECAUSE AGAIN, MOST OF THE TIME WHEN SOMEONE COMES IN HERE, WE HAVE SOME TYPE OF CONCEPTUAL DRAWING, WE HAVE SOME TYPE OF SOMETHING TELLING US WHAT, WHEN WE WE ASKED FOR THAT, WE, WE, WE WAS ABLE TO, SO WE'RE LIKE PULLING STRINGS.
SO AGAIN, I DON'T KNOW, MAYBE THE, IF, IF THE COMMISSIONER, UM, WAS OKAY WITH THAT AND YOU ALL HAVE SAID, YOU OKAY, MAYBE WE NEED TO HOLD THIS CASE INSTEAD OF JUST SAYING NO, BECAUSE RIGHT NOW MY MIND CAN'T WRAP AROUND ONE WAY OR ANOTHER.
I CAN SEE ZIP LINING THERE AND A THOUSAND OTHER THINGS GOING ON THERE TO MAKE IT AN AMAZING SITE.
UM, I DON'T, I DON'T, I, I JUST DON'T KNOW.
AND I, AND YOU KNOW, IN THIS CASE, I SEE THE LAND IS CLEARED WHERE THE LAND, IT'S LESS TREES WHERE YOU WANT THE DEVELOPMENT AT.
BUT GIVE US SOMETHING INSTEAD OF HAVING OUR IMAGINATION GO WILD.
HERE'S, HERE'S WHAT SHE ASKED YOU TO DO.
YOU SAID THAT WE HAD THIS PROPERTY UNDER CONTRACT EIGHT DIFFERENT TIMES.
WHAT? NO, I DIDN'T SAY, I DIDN'T SAY EIGHT.
UNDER CONTRACT, WE HAD EIGHT OFFERS.
AND SO WALK US THROUGH WHAT THOSE OFFERS WERE ABOUT.
WHAT WERE THE USES? ONE OF THE OFFERS WAS A BROKERAGE COMPANY HERE, A LOCAL BROKERAGE COMPANY REPRESENTING A FOOD PROCESSING COMPANY.
CAN WE MAKE A MOTION? ARE YOU CALLING THE QUESTION, SIR? YES, SIR.
WE HAVE CALLED THE QUESTION AND A SECOND.
WE NEED A MOTION THAT MR. CHAIR, THAT REQUIRES A TWO THIRDS MAJORITY VOTE TO CALL THE QUESTION.
UH, COMMISSIONERS, WE HAVE A MOTION BY COMMISSIONER HOUSE RIGHT TO CALL THE QUESTION AND WE HAVE A SECOND BY COMMISSIONER KINGSTON, WE NEED A TWO THIRDS VOTE.
IS THAT CORRECT? YES, THAT IS CORRECT.
DO WE, IS THAT A, A NINER FOR DISCUSSION? IT IS NOT.
OKAY, COMMISSIONERS, WE HAVE A, A, A MOTION TO CALL THE QUESTION THAT WILL LEAD STRAIGHT TO A VOTE, BASICALLY CUT OFF, UH, MADE BY COMMISSIONER HOUSE RIGHTS.
THINK ABOUT COMMISSIONER KINGSTON.
WE'LL ESSENTIALLY CUT OFF THE, THE REST OF THE DISCUSSION AND WE'LL GO STRAIGHT TO A MOTION WITHOUT DISCUSSION.
ALL THOSE IN FAVOR, PLEASE SAY, AYE.
ANY THE OPPOSED MOTION PASSES.
COMMISSIONER BLAIR, DO YOU HAVE MOTION? YES, IN THE MATTER OF Z 2 12 2 98.
I MOVE THAT WE CLOSE THE PUBLIC HEARING AND NOT FO AND NOT FOLLOW THE, THE APPLICANT'S REQUEST OF A
[04:40:01]
CSS WITH DEEDED RESTRICTIONS AND NOT TO FOLLOW STAFF'S RECOMMENDATION OF A MU ONE DISTRICT.AND IF I HAVE A SECOND, I HAVE COMMENTS.
SO YOU'RE, ARE YOU DENYING OR ARE YOU FOLLOWING? HUH? ARE YOU DENYING WITHOUT PREJUDICE? DENIAL.
WITHOUT, THE MOTION IS FOR DENIAL WITHOUT PREJUDICE.
COMMISSIONER BLAIR AND YOUR SECOND FOR COMMISSIONER KINGSTON.
COMMISSIONER BLAIR? WELL, IN THE DISCUSSION YEAH, WE'RE GONNA HEAR HER COMMISSIONER BLAIR AND THEN IN THE DISCUSSION YES.
THIS APPLICANT IS NOT INTERESTED IN MU ONE.
THEY'RE AT, THEY'RE, THEY, AND WHAT THEY HAVE CLEARLY SAID, THEY'RE ONLY, THEY'RE ONLY INTERESTED IN CSS.
THE, THE RESIDENTS IN THIS PARTICULAR COMMUNITY HAS HAD SEVERAL MEETINGS, AND THEY'RE NOT INTERESTED IN ANYTHING WITH OR WITHOUT DEED RESTRICTIONS IN A CSS ZONING BECAUSE OF THE CHANCES.
AND THE, AND THE, BECAUSE THIS IS ALL SPECULATIVE, THE CHANCES AND THE LIKELIHOOD THAT SOMETHING THAT IS IN INDUSTRIAL, IN NATURE COULD BE DEVELOPED AT THIS PARTICULAR SITE.
AND THE CONCERN THAT THE, THE COMMUNITY HAS IS THE FACT THAT IT'S RIGHT ACROSS FROM A PARK, IT'S RIGHT ACROSS, IT'S RIGHT WITHIN THE TRINITY CORRIDOR.
IT IS IN AN AREA THAT IS HEAVENLY WOODED, NOT ONLY WITH TREES THAT CANNOT BE REPLACED IN OUR LIFETIME, NOR OUR CHILDREN'S LIFETIME.
THERE ARE ALSO INDIGENOUS ANIMALS, HAWKS, DEER, AND THE SUCH THAT INHABIT THIS SPACE.
WHAT YOU ALSO HEARD MR. ABRAMS AND, UM, MS. PROVOST AND MS. RAMIREZ SAY IS THAT THEY'RE NOT NECESSARILY OPPOSED TO DEVELOPMENT, BUT WHAT THEY'RE OPPOSED TO IS DEVELOPMENT THAT DOES NOT FIT THE COMMUNITY.
THIS PARTICULAR AREA IS INUNDATED.
IF YOU, IF YOU WATCH THE NEWS, THE DOWDY FAIRY IS INUNDATED WITH ALL KINDS AND ALL SORTS OF ILLEGAL ACTIVITY THAT A HOTEL WOULD ONLY FURTHER THE OCCURRENCE OF ILLEGAL A T V RIDES, ESPECIALLY ON HOLIDAYS WHERE CODE CAN'T GET OUT THERE.
AND I, AND, AND ON THE LAST JULY 4TH IN SEP AND WHAT WAS IN SEPTEMBER, WE HAD TO WASTE PRECIOUS POLICE TIME BECAUSE THERE WAS ANOTHER ILLEGAL AT V RIDES THAT THEY, THAT THE RIDER COME, THEY WOULD STAY IN A HOTEL, THEY'D BRING THEIR ATVS, AND THEY TEAR UP THE LAND.
THAT'S NOT WHAT THE COMMUNITY WANTS.
WHAT THEY WANT, IF YOU'RE GOING TO DEVELOP SOMETHING, THEY WANT RESIDENTIAL TYPE DEVELOPMENT, WHICH WE NEED THAT IS IN ALIGNMENT WITH WHAT'S ALREADY THERE.
THERE'S A PARK RIGHT ACROSS THE, THE STREET.
THEY WANT TO BE ABLE TO UTILIZE AND SUPPORT A DEVELOPMENT THAT'S SUPPORTIVE OF HORSE TRAILS, HORSE RIDES GO UP THERE ON SATURDAY.
YOU'LL SEE NOT, YOU'LL SEE HUNDREDS OF HORSES, YOU'LL SEE DEER COMING IN AND OUT OF THE, OF THE, UH, GREEN SPACE.
THEY WANT TO SEE SOMETHING THAT WOULD BE INCORPORATING THAT TYPE OF ATMOSPHERE.
THERE IS NOTHING IN CSS THAT DOES THAT.
SO WHAT I ENCOURAGE MR. FUSS AND MR. ROKER TO DO IS, ESPECIALLY SINCE THE ZONING IS STRICTLY SPECULATIVE TO LET'S SIT DOWN, GO BACK TO THE DRAWING BOARD.
IF YOU'RE GONNA GIVE UP LAMPER CONSERVATION EASEMENT, LET'S PUT IT DOWN IN WRITING.
IF YOU'RE GOING TO GIVE UP, UH, IF YOU'RE GONNA PROTECT TREES, LET'S COME UP WITH A PLAN TO PROTECT THEM AND NOT SAY, WELL, YOU KNOW, MAYBE IF YOU COME
[04:45:01]
UP WITH SOMETHING THAT IS MORE TANGIBLE, MORE IN LINE WITH WHAT THE RESIDENTS THERE ARE LOOKING FOR AND THE USES THAT ARE ALREADY THERE, I'LL SUPPORT IT AND EVERYBODY HERE WOULD DO THE SAME THING.THANK YOU, COMMISSIONER BLAIR.
COMMISSIONER HOUSEWRIGHT, I, I UNDERSTAND THE IMP THE KIND OF THE DESIRE TO, TO, UM, TO DENY THIS.
THAT WAS REALLY NOT MY INTENT IN CALLING THE QUESTION.
MY INTENT WAS TO, TO HOLD THE CASE AND, AND, AND FRANKLY DO THE HARD WORK TO DEFINE AND CLARIFY OUR, UM, WHAT CAN AND CAN'T BE ON THAT SITE.
UM, I, I RECOGNIZE THIS SITE IS ON A, UH, REGIONAL TRANSPORTATION CORRIDOR.
AT THE SAME TIME, UM, THERE ARE SOME SENSITIVE ISSUES ON THE EAST SIDE OF THE SITE, AND I THINK IT JUST, IT, IT DESERVES, UH, A A LITTLE, A LITTLE MORE, UM, A LITTLE DEEPER HEARING, A LITTLE DEEPER CONVERSATION.
AND, AND I WANNA SAY AT THE TOP OF THE CASE, UM, I FEEL LIKE THAT I OWE ON BEHALF OF THIS, THIS CITY AN APOLOGY TO AN APPLICANT THAT'S WAITED 14 MONTHS TO GET TO THIS HORSESHOE.
THAT'S AN EMBARRASSMENT FOR ALL OF US.
AND WE SHOULD, YOU KNOW, I I, I DON'T LIKE SERVING ON A COMMISSION WHERE THAT'S THE WAY OUR APPLICANTS ARE TREATED.
AND THEN TO LET THEM WAIT 14 MONTHS AND THEN TO DISMISS THEM AND DENY THEM, UH, DOESN'T SEEM LIKE THE RIGHT WAY TO BE TREATING OUR CITIZENS.
SO I WILL TAKE THE, IF YOU'RE OFFERING A FRIENDLY AMENDMENT TO HOLD IT, I WILL HOLD IT UNTIL THE FIRST CASE, THE FIRST MEETING IN, IN THE SECOND MEETING IN JANUARY, AT WHICH TIME I WOULD EXPECT THE APPLICANT TO WORK DILIGENTLY WITH ME TO COME BACK WITH A PLAN.
AND, AND IF AT THAT PARTICULAR TIME THAT DOES NOT HAPPEN, THEN I WOULD ASK MY COMMISSIONERS TO FOLLOW SUIT, FOLLOW MY REQUEST.
BUT IF THEY'VE WAITED 14 MONTHS, WHY DO WE NEED TO WAIT? ANOTHER THREE? I I HAVEN'T SPOKEN TO THE APPLICANT SINCE THE LAST TIME THIS CASE CLAIMS, SO I, I, YOU KNOW, ARE YOU OKAY WITH THE, THE NEW MOTION COMMISSIONER KINGSTON CHI IS, UH, COMMISSIONER WHEELER DISCUSSION? THIS IS, WE NOW HAVE A MOTION, A NEW MOTION ON THE TABLE TO KEEP THE HOLD THE PUBLIC HEARING OPEN, HOLD THE MATTER UNDER ADVISEMENT TO OUR SECOND HEARING IN JANUARY, WHENEVER THAT IS, BECAUSE WE DON'T HAVE A CALENDAR YET.
SO, UM, COMMENTS, UM, I, I THINK THAT EVEN THOUGH IT'S BEEN 14 MONTHS, JANUARY WILL GET THEM, BE ABLE TO ALLOW THEM TO LOOK AT OTHER OPTIONS, UM, THAT MIGHT MAKE IT A DESTINATION SPOT.
UM, AND, AND OTHER PEOPLE TO BE ABLE, BECAUSE AGAIN, I, I DON'T KNOW HOW THEY MIGHT BE ADVERTISING THIS, BUT DALLAS NEEDS DESTINATION SPOTS AND, AND, AND TRAILS.
AND, AND THIS SITS IN A TRAIL.
THIS SITS IN A AREA THAT WE CAN ZIP LINING ALL KIND THE THINGS THAT WE HAVE TO GO 20 MILES OUTSIDE OF CITY, 50 MILES.
I GO TO JACKSONVILLE TO MUD, I GO TO JACKSONVILLE AND ZIP LINE.
AND THIS IS JUST AN AREA WHERE YOU CAN WALK, MAYBE PUT A TRAIL IN.
SO NOT LOOKING AT THAT COMMERCIAL AND, AND MAYBE BEING ABLE TO EXPLORE OUTSIDE.
BUT I DID HEAR HIM SAY THAT EVEN THOUGH PEOPLE IN THE AREA ARE SAYING RESIDENTIAL, NO ONE HAS CAME TO EVEN THINK ABOUT DEVELOPING RESIDENTIAL AT ALL.
AND THAT GOES, ESPECIALLY IN A PART OF WHERE WE HAVE OVERDEVELOPMENT.
SO WE'RE, I UNDERSTAND WHAT EVERYONE THAT'S FROM THE RESIDENTIAL AREA IS SAYING WHAT THEY WANT, BUT THERE HAS NOT BEEN ANYBODY THAT COME TO THEM.
THEY'VE BEEN TRYING TO GET SOMETHING.
THEY, THEY, THEY SAID HE REACHED OUT.
SO IF IN 30 SOMETHING YEARS NO ONE SAID ANYTHING ABOUT RESIDENTIAL, MAYBE DESTINATION, SOME, MAYBE BECAUSE SOMETIME WE, WE ARE BLINDSIDED ON WHAT WE, WHAT WE THINK MIGHT CAN BE THERE.
BUT I REALLY, NOT THAT 90 DAY PERIOD, OR THAT'S A GOOD TIMEFRAME TO HELP.
AND I WOULD LOVE TO BE A PART OF WHATEVER CONVERSATIONS WITH, TO HELP MY FELLOW.
UM, I'M AN OUTSIDE GIRL, LIKE I'M A MUTTER.
LIKE I GET DIRTY, DIRTY, DO IT.
YEAH, AS I, I SUPPORT THE MOTION.
UM, I JUST HOPE THAT THE, UM, CONSERVATIVE GROUPS THAT ARE WATCHING, UM, TEXAS LAND FOR PUBLIC, UH, PARKS, ALL THE DIFFERENT ORGANIZATIONS CAN WORK WITH THIS GENTLEMAN TO MAKE THIS A BEAUTIFUL PROJECT.
UM, WE'VE HAD A HISTORY IN THE CITY OF DISRESPECTING THE TRINITY RIVER.
UH, IT WOULD'VE NEVER HAPPENED TO THE MISSISSIPPI 'CAUSE IT WOULDN'T HAVE ALLOWED FOR IT, BUT NEITHER HERE OR THERE, WE ARE HERE
[04:50:01]
TO SUPPORT THE LAND, WHAT'S ON THE GROUND, RIGHT? THAT RIVER IS VERY ESSENTIAL TO WHAT'S ON THE GROUND.IF WE CAN WORK WITH HIM TO BE FINANCIAL, A FINANCIAL INSTEAD OF, NOT US, BUT ORGANIZATIONS OUT THERE WHO ARE FIGHTING TO PRESERVE THIS, HAVE RESOURCES AVAILABLE TO HELP HIM FIND A BUILDER, TO MAKE THIS A CONSERVATORY AREA, UM, A NATURE RESERVE AREA, ANYTHING LIKE THAT, I THINK IT WILL BE A GREAT SUPPORT.
COMMISSIONER ANDERSON, FOLLOWED BY COMMISSIONER KINGSTON.
UM, I, I, I AGREE WITH COMMISSIONER HOUSE, RIGHT IN THAT I THINK 90 DAYS IS A BIT TOO LONG CONSIDERING HOW LONG THEY HAVE, UM, BEEN IN CONSIDERATION.
AND ALSO KNOWING FROM A DESIGN AND DEVELOPMENT STANDPOINT, WHAT CAN BE ACHIEVED WITHIN 30 DAYS IN TERMS OF ILLUSTRATING INTENT.
UM, AND, BUT I THINK IT, IT MAY BE A BIT TOO LONG AND I DON'T KNOW IF I WOULD WANNA SUPPORT A 90 DAY REPRIEVE AS OPPOSED TO SOMETHING LESSER, MAYBE 45 DAYS OR, OR SOMETHING THAT IS ACHIEVABLE.
AND I THINK THAT THEY HAVE, UM, BEEN AT THE TABLE FOR QUITE A LONG TIME, AND I THINK THAT WE SHOULD MAKE SOME DECISIONS, UM, MORE READILY THAN 90 DAYS.
THANK YOU, COMMISSIONER KINGSTON.
WITH THE HOLIDAYS AND STUFF, I'M FINE WITH 90 DAYS, AND I DO THINK THIS IS AN ECOLOGICALLY SENSITIVE PART OF THE CITY THAT WE SHOULD PAY ATTENTION TO.
AND SO I APPRECIATE THE APPLICANT, UM, COMMITTING TO DO THAT.
I ALSO AGREE WITH MANY OF THE THINGS COMMISSIONER HOUSEWRIGHT SAID ABOUT THIS LOCATION BEING ADJACENT TO TWO BUSY ROADWAYS.
AND THAT THERE IS A, A BALANCE HERE BETWEEN PROTECTING THE GREAT TRINITY FOREST AND ALSO COMING UP WITH A VIABLE USE FOR THIS PROPERTY.
I, I DON'T REALLY SEE IT AS RESIDENTIAL.
UM, AT LEAST NOT THE TYPE OF RESIDENTIAL WHERE PEOPLE ARE GONNA PUT HOMES AND HORSES AND STUFF.
I JUST DON'T THINK THAT'S REALISTIC ON I 20.
UM, BUT I ALSO DON'T THINK THAT, UM, SPECULATIVE ZONING IS SOMETHING WE OUGHT TO GENERALLY SUPPORT, ESPECIALLY SOMETHING AS BROADLY, UM, ALLOWING AS CSS.
YOU CAN LIMIT THAT GREATLY TO ELIMINATE SOME OF THE MORE, UM, HARMFUL USES THAT WOULD OVER TIME ERODE THE PROTECTIONS YOU'RE TALKING ABOUT USE IMPLEMENTING FOR THIS LAND.
AND I, I HOPE THAT, YOU KNOW, I KNOW MR. COKER, YOU'RE SMART ENOUGH TO COME UP WITH SOMETHING THAT CAN BOTH MAKE THIS A ECONOMICALLY VIABLE USEFUL, UM, TOOL FOR THE PORTION OF THE LAND THAT IS ADJACENT TO THE INTERSECTION, WHILE ALSO, UM, DEVELOPING SOMETHING THAT CAN TRULY PROTECT THE PORTION OF THE LAND THAT IS FARTHER BACK FROM THE INTERSTATE.
AND I LOOK FORWARD TO SEEING WITH WHAT YOU GUYS COME UP WITH, AND I APPRECIATE YOUR WILLINGNESS TO, UH, ROLL UP YOUR SLEEVES AND, AND TRY TO COME UP WITH THAT.
UH, VICE CHAIR RUBEN, FOLLOWED BY COMMISSIONER HAMDEN.
WELL, 14 MONTHS IS AN INCREDIBLY LONG TIME TO, UM, HAVE A ZONING CASE TO TAKE TO GET FROM BEING FILED TO GETTING HERE.
AND I AGREE THAT THAT IS NOT ACCEPTABLE.
BUT AS WE LOOK AT SOLUTIONS FOR THIS CASE AND OTHERS, UM, I WOULD SUBMIT THAT A REASON, ONE OF THE REASONS WHY IT TAKES CASES SO LONG TO GET TO US IS THE COMPLEXITY OF CASES THAT WE HAVE AND OUR, UM, DESIRE TO, UM, IN A LOT OF CASES WORK WITH WHAT TURNS OUT TO BE PRETTY COMPLICATED PLAN DEVELOPMENT DISTRICTS FOR, UM, DEEDED RESTRICTIONS OR THINGS LIKE THAT.
AND THAT'S OFTEN WHY, UM, IT TAKES SO MUCH STAFF TIME TO GET A CASE TO THE HORSESHOE.
SO AS WE LOOK FOR SOLUTIONS HERE, I WOULD JUST STRONGLY ENCOURAGE US TO LOOK FOR SIMPLE AND SURGICAL SOLUTIONS, IF AT ALL POSSIBLE.
UM, BECAUSE THE, THE MORE DETAILED AND THE MORE INVOLVED THAT WE GET IN TRYING TO FIGURE THIS ONE OUT, JUST I THINK ADDS AND CONTRIBUTES TO THAT BACKLOG, WHICH I'M HOPEFUL THAT WE ARE, UM, WORKING ON SALTING.
THANK YOU COMMISSIONER HAMPTON.
I RECOGNIZE THAT IT SEEMS LIKE HOLDING UNTIL JANUARY IS, UM, QUITE A LONG TIME.
BUT I THINK IF WE LOOK AHEAD TO OUR CALENDAR, WE ONLY HAVE THREE MORE MEETINGS THIS YEAR, AND I THINK IT'S GOING TO BE VERY DIFFICULT.
UM, OUR NEXT MEETING IN THE FIRST WEEK OF DECEMBER TO GIVE
[04:55:01]
THIS THE CARE, THE THOUGHT, THE COMMUNITY OUTREACH AND ENGAGEMENT.WE'VE GOT LETTERS ALL WEEK THIS WEEK FROM STAKEHOLDERS WHO WANNA SEE A SOLUTION FOR THIS PROPERTY.
I THINK COMMISSIONER BLAIR IS WELL EQUIPPED TO CONTINUE THAT OUTREACH AND ENGAGEMENT AND BRING US FOR SOMETHING.
I DO HOPE THAT AS THE APPLICANT CONSIDERS THEIR OPPORTUNITIES, WE'VE HEARD A LOT OF WONDERFUL THINGS ABOUT THE CONSERVATION EASEMENTS THAT YOU'RE PUTTING IN PLACE, THE OPPORTUNITIES YOU HAVE WITH THE ADJACENT PARK TO THINK ABOUT THAT HOLISTICALLY, THAT SUPPORTS YOUR SITE AND SUPPORTS THE COMMUNITY, BECAUSE IT CERTAINLY DOES SEEM LIKE IT HAS THE OPPORTUNITY TO BE A SPECIAL SITE, UM, FOR YOU AND TO BENEFIT THE COMMUNITY.
LOOK FORWARD TO HEARING THIS WHEN IT COMES BACK.
ANY OTHER COMMENTS? COMMISSIONERS? SEEING NONE.
WE HAVE A MOTION ON THE TABLE MADE BY COMMISSIONER BLAIR.
UH, I'M JUST, SORRY, I'M A BIT CONFUSED.
I'VE, I'VE HEARD A MOTION AND THEN A COMMENT THAT WE WERE GOING TO MODIFY THAT MOTION ARE, ARE, IS, ARE YOU, ESSENTIALLY THE FIRST MOTION WAS WITHDRAWN, REPLACED BY MOTION TO HOLD.
SO THE, SO THE MOTION ON THE TABLE NOW IS TO HOLD THE, KEEP THE PUBLIC HEARING OPEN, HOLD THE MATTER UNDER ADVISEMENT TO OUR SECOND MEETING IN JANUARY, AND WE WILL PROBABLY TAKE UP OUR CALENDAR HERE IN THE NEXT COUPLE OF HEARINGS.
ANY FURTHER DISCUSSION? SEEING NONE, THOSE IN FAVOR, PLEASE SAY AYE.
WE WILL STAY IN DISTRICT EIGHT.
[6. 23-2687 An application for a 1) a CS Commercial Service District with deed restrictions volunteered by the applicant; and 2) a Specific Use Permit for commercial motor vehicle parking on property zoned an A(A) Agricultural District, on the southeast line of Telephone Road, at the terminus of Van Horn Drive. ]
GOOD AFTERNOON.Z 2 2 3 1 0 6 IS AN APPLICATION FOR A CS COMMERCIAL SERVICE DISTRICT WITH THE NUTRITIONS VOLUNTEERED BY THE APPLICANT.
AND TWO, A SPECIFIC USE PERMIT FOR COMMERCIAL MOTOR VEHICLE PARKING ON PROPERTY ZONED AND A AGRICULTURAL DISTRICT STAFF RECOMMENDATION IS DENIAL.
OH, IT'S LOCATED ON THE SOUTHEAST LINE OF TELEPHONE ROAD AT THE TERMINUS OF VANHORN DRIVE.
STAFF RECOMMENDATION IS DENIAL.
I SEE THAT THE APPLICANT IS HERE.
CAN YOU PULL UP THAT SITE PLAN FOR ME? THANK YOU.
ELSIE THURMAN, 9 4 0 6 BISCAYNE BOULEVARD, DALLAS, TEXAS 7 5 2 1 8.
IF YOU LOOK AT THE SITE PLAN, WE STARTED WORKING ON THIS IN AUGUST OF 2022 WITH COMMISSIONER BLAIR.
SO WE TOOK IN CONSIDERATION THE COMMUNITY.
IF YOU LOOK AT THE FIRST BAY, WE'RE ABOUT 55 FEET FROM THE FRONT OF THE PROPERTY, SO WE WOULDN'T, AND THE BAYS ARE ABOUT 24 FEET, SO WE WOULDN'T HAVE ANY PROXIMITY SLOPE ALSO TO THE NEIGHBOR THAT'S GONNA COME IN ON THE WEST SIDE.
WE WOULDN'T BE, UH, TOO OBTRUSIVE TO TOWARD THEM.
SO ANYONE THAT'S WORKED THIS AREA A LONG TIME REALIZES THAT WE'RE IN THE INLAND PORT NOW.
AND THAT PORTION OF THE INLAND PORT ON DALLAS ALSO EXTENDS ALL THE WAY TO DALLAS AVENUE TOWARD LANCASTER, AND THEN WILMER, AND THEN PARTS OF HUTCHINS.
THOSE PROPERTIES THAT MR. PEPE IS SAYING SHOULD BE MORE LIKE RESIDENTIAL AG.
THEY'RE ALREADY BEING PURCHASED BY MAJOR COMPANIES BECAUSE THEY'RE GONNA BUILD ON THEM.
MR. RIVERA IS MY TRUE WORKFORCE COMMUNITY PERSON.
THIS IS A REALLY GOOD PROJECT.
WHEN WE WERE ASKED TO DO THE BUFFER THAT I WOULD USUALLY DO IT PERMITTING.
IF YOU LOOK AT THE BUFFER, IT GOES ALL THE WAY FROM THE SOUTH, ALL THE WAY TO THE EAST SIDE OF THE PROPERTY.
I HA I ALSO, I HEARD SOME QUESTIONS DURING BRIEFING.
UM, COMMISSIONER WHEELER, YOU ASKED ABOUT COMMUNITY.
SO WE PUSHED OUR PROPERTY BACK OR BASE SO WE WOULDN'T BE OBTRUSIVE, SO WE WOULDN'T OVERSHADOW ANYBODY.
AND I DID ASK COMMISSIONER BLAIR, DID SHE WANT A MEETING? TYPICALLY, WE DON'T DO MEETINGS.
THIS IS PROBABLY MY FIFTH UH, PROJECT BACK THERE, BUT WE DON'T DO THEM.
AND MOST OF THE BUSINESSES DON'T COMPLAIN IN THE HOUSE.
THAT'S TOWARD RAILROAD AND VAN HORN.
UM, WE'RE NOT IN THAT CLOSE PROXIMITY OF THEM.
AND ALSO I THINK BEHIND THERE IS, I THINK THEY HAVE A BUSINESS, HONESTLY, THEMSELVES.
THEN WE HAVE OMAR'S TRUCKING RIGHT NEXT TO US, TO THE EAST, AND HE WAS ALLOWED TO DO HIS PRO PROJECT, AND HE'S CLOSER THAN I AM.
AND THEN THE OTHER, UM, NOTICE I HAD IN OPPOSITION WAS BEHIND THE CREEK.
AND THEN I HAD ONE, SO TWO IN OPPOSITION AND ONE IN SUPPORT.
I'M HOPING YOU DON'T FOLLOW STAFF'S RECOMMENDATION.
THIS IS A REALLY GOOD PROJECT.
[05:00:01]
UNDERSTAND MR. PEPE'S REASONING ON THIS ONE.AND THE OWNER IS HERE TO SPEAK FOR HIMSELF.
LET ME KNOW IF YOU HAVE ANY QUESTIONS.
IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? YES, SIR.
PLEASE BEGIN YOUR COMMENTS WITH YOUR NAME AND ADDRESS FOR THE RECORD.
MY NAME IS, UH, SANTIAGO RIVERA.
THE ADDRESS FOR THE PROPERTY IS 3,500 TELEPHONE ROAD.
I'M NOT A PERSON THAT USUALLY SPEAKS, SO I'LL DO MY BEST.
I HAVE BEEN WORKING ON OUTSIDE MY WHOLE LIFE.
I SOLD THIS TWO PROPERTIES ON TELEPHONE ROAD TO MAKE THIS, UH, THIS PROJECT FOR ME AND MY FAMILY.
THAT'S MY FUTURE FOR ME AND MY FAMILY, MY RETIREMENT.
AND TO BE HONEST, IT TOOK OVER A YEAR FOR THEM TO GET MY PROJECT HERE, AND I FEEL LIKE I WAS OVERLOOKED.
QUITE A FEW OF US FEEL LIKE WE ARE NOT LISTENED TO, AND SOME OF THE STUFF OUT THERE IS FEELS LIKE IT'S OUT OF TOUCH.
I READ THE CASE REPORT WHERE IT SAYS THAT, UH, IT'D BE BETTER TO HAVE WALKABLE, FLEXIBLE COMMUNITY, I GUESS LIKE A RESIDENTIAL AREA.
HONESTLY AND TRULY, UH, THIS AREA HAS BEEN TURNED INTO COMMERCIAL FOR A LONG TIME, AND I PAY MY TAXES AS COMMERCIAL LAND.
I DON'T PAY TAXES AS AN AGRICULTURAL LAND.
AND I EVEN TALKED TO DALLAS APPRAISAL AND THEY HAD DIDN'T, THEY DID NOT HAVE AN ANSWER FOR ME.
SO MY TAXES ARE PAID EVERY YEAR AS COMMERCIAL LAND, NOT, UH, AS, UM, UH, AGRICULTURE USE.
I JUST HOPE THAT THIS, UH, THAT YOU CONSIDER MY, UH, PROJECT AND YOU GUYS APPROVE THE PROJECT.
THANK YOU FOR JOINING US COMMISSIONERS.
ANY QUESTIONS FOR OUR SPEAKERS? WELL, IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK? NO OTHER SPEAKERS, COMMISSIONERS QUESTIONS FOR OUR TWO SPEAKERS? I HAVE A GOOD QUESTION, PLEASE.
IN LOOKING AT THE SIDING OF THIS AND THE WAY THAT IT, IT, IT SEEMS TO BE PERPENDICULAR THE TELEPHONE ROAD FROM A STREET VANTAGE STANDPOINT, UM, HOW OBTRUSIVE OR UNOBTRUSIVE WOULD THIS DEVELOPMENT BE? KIND OF LOOKING IN EITHER DIRECTION? CAN YOU REPEAT YOUR QUESTION? I DON'T UNDERSTAND IT.
MR. ANDERSON, COMMISSIONER ANDERSON.
SO I'M THINKING ABOUT THE APPROACH TO THIS SITE, UM, THINKING ABOUT HOW IT MAY OR MAY NOT FIT IN CONTEXT, WHICH IS KIND OF LIKE THE BASIS OF MY QUESTION, BASIS OF MY QUESTION.
UM, AND TO SEE HOW OBTRUSIVE IT IS.
BASICALLY, HOW MANY STORIES WOULD IT BE? DOES IT HAVE ANY TREES OR BUFFERS ALONG THE TRANSPORTATION ROUTES THAT KIND OF HELP MAYBE BLEND IT IN WITH ITS CURRENT ENVIRONMENT? SO REALLY WHAT ARE THE STEPS TO HELP IT BLEND IN WITH THE CURRENT ENVIRONMENT? OKAY, I THINK I UNDERSTAND.
SO ARE YOU TALKING ABOUT TELEPHONE ROAD? ARE THERE ENOUGH TREES AND LANDSCAPING? I'M SAYING ON TELEPHONE ROAD, WHEN YOU APPROACH THIS SITE, DOES IT STAND OUT AS, UH, A WAREHOUSING OR INDUSTRIAL KIND OF SITE? OR ARE THERE VISUAL BUFFERS AND THINGS THAT HELP IT TO HIDE ITSELF OR BLEND ITSELF? OKAY.
SO WE'RE ABOUT 55 FEET BACK WHEN OUR FIRST BASE STARTS.
SO WE CAN ADD SOME MORE LANDSCAPING IF THAT'S WHAT THE COMMISSIONERS WANT.
BUT IT'S ACROSS THE STREET IS A MAJOR WAREHOUSE.
I MEAN, IT'S PRETTY MUCH A WAREHOUSE COMMERCIAL DISTRICT.
WELL, I'M JUST THINKING THAT, SO THERE'S, THERE'S NOT A DESIRE FOR A LOT OF WAREHOUSING, UM, TO CONTINUE AROUND RESIDENTIAL AREAS.
HOWEVER, THERE'S A WAREHOUSING CORRIDOR.
I MEAN, IT'S PRETTY EVIDENT AS YOU'RE SAYING MM-HMM.
SO I'M WONDERING, IS THERE AN OPPORTUNITY AT ABBEY MEDIUM WHERE THERE COULD BE SOME LANDSCAPING AND SOME, SOME OTHER OVERAGES THAT HELP IT BETTER UPED SOME OF THE EXISTING RESIDENTS AND ADD TO AMENITIES IN THE WALKABLE, UM, AREA, SO TO SPEAK? I'M NOT AGAINST THAT.
COMMISSIONER ANDERSON JUST HADN'T THOUGHT ABOUT IT.
I MEAN, I KNOW DOWN THAT TELEPHONE ROAD THERE ARE SOME,
[05:05:01]
UM, GOD, I'M TRYING TO REMEMBER.UH, THERE'S, I THINK THERE ARE SOME TREES DOWN THAT CORRIDOR, BUT I HONESTLY, I'M OKAY WITH THAT.
WELL, UM, I GUESS LASTLY, THE BUFFER THAT YOU'RE PROPOSING, UM, COULD THERE BE, UM, MORE PLANT LIFE AND BIOSWELLS AND THINGS LIKE THAT, THAT HELP PROTECT THAT CREEK MM-HMM.
I HEARD YOU TALK ABOUT THAT IN BRIEFING.
AND SO MY ANSWER TO THAT IS HONESTLY, I HAVE TO WAIT TILL I GET OVER THE PERMITTING AND, UM, LET THEM TELL ME HOW THEY WANT IT TO LOOK WHAT'S NECESSARY.
UM, QUESTION, YOU, YOU ARE AT LEAST HAVING TO ADHERE TO ARTICLE 10, CORRECT? OH, YES.
SO, AND WHAT YOU'RE SAYING IN ORDER TO, UM, HELP, UM, WELL IN, IN, IN ALIGNMENT WITH, WITH WHAT COMMISSIONER ANDERSON WAS SAYING, IS IN THE EVENT THAT ADDITIONAL LANDSCAPING IS REQUIRED OR NEEDED, THERE IS NO PROBLEM AT HERE.
THAT'S NOT A PROBLEM COMMISSIONER, BUT, OKAY.
AND THEN WHEN IT COMES DOWN TO THE, UM, BUFFERING AROUND THE CREEK MM-HMM.
IF IN THE DICTATION OF ANY TYPE OF PROTECTING PROTECTION THAT BI AND THE ENGINEERS WOULD DO IN PERMITTING, IT WOULD HAVE TO COME BACK BEFORE US, AND THEN THAT WOULD BE ANOTHER YEAR TO GET BACK IN FRONT OF THE BODY.
ANY OTHER QUESTIONS? COMMISSIONERS FOR OUR SPEAKERS? QUESTIONS FOR STAFF? SEE NONE.
COMMISSIONER BLAIR, DO YOU HAVE MUCH? YES.
IN THE MATTER? UH OH, WELL IN THE MATTER OF Z 2 2 3 1 0 6, I MOVE THAT WE CLOSE THE PUBLIC HEARING AND NOT FOLLOW STAFF'S RECOMMENDATION OF DENIAL, BUT TO APPROVE THIS.
UM, AND IF I, UH, SUBJECT TO, I DON'T KNOW, I DON'T HAVE SUBJECT TO ANYTHING.
SO JUST A SITE PLANNING CONDITIONS, UH, SUBJECT TO SITE PLANNING CONDITIONS.
AND IF I HAVE A SECOND, I HAVE, UH, A, I HAVE COMMENTS.
UH, WERE THERE SOME DEED RESTRICTIONS ON AND THE DEEDED RESTRICTIONS AS, AS VOLUNTEER BY THE APPLICANT? THANK YOU COMMISSIONER BLAIR FOR YOUR MOTION.
COMMISSIONER HERBERT FOR YOUR SECOND COMMENTS.
HERE, HERE'S MY, UM, STATEMENT.
THERE IS THE COMMERCIAL MOTOR VEHICLE PARKING, THE PORTION.
AND WHAT WAS YOUR RE YOUR THEY, THEIR REQUEST.
SO WAIT A MINUTE, WE GOTTA BACK, I'LL, I'LL SAY IT ON THE RECORD.
THE SS U P, UM, WHATEVER THAT MAY BE, WE'LL HAVE TO HAVE A TIME PERIOD SO THEY CAN, THE REQUESTED TIME PERIOD WAS FIVE YEARS WITH FIVE YEARS OF AUTO RENEWAL THEREAFTER IN THE, IN THE REQUESTED CONDITIONS.
I WOULD RECOMMEND THREE YEARS, UM, WITH NO AUTO RENEWAL.
I'M SORRY, WHAT DID YOU SAY? I SAID THERE'S AN SS U P FOR THE PARKING WOULD REQUIRE S U P MM-HMM.
AND ARE YOU OKAY WITH THAT? OKAY, MR. TREVOR.
IS COMMISSIONER HERBERT THAT SECOND THE MOTION? I'M ASSUMING THAT HE'S OKAY WITH THE ADJUSTMENT.
MY COMMENTS, UM, YOU GUYS HAVE GOTTEN A LETTER LATE TODAY FROM, UH, MS. GIL TERRELL.
MS. GIL TERRELL IS NOT ONLY A MEMBER OF DISTRICT EIGHT, BUT SHE IS ALSO, UH, APPOINTED TO THE BOARD OF THE I I P O D, THE, IN THE INTERNATIONAL INLAND PORT OF, UM, OF DALLAS.
[05:10:01]
MADE THE RECOMMENDATION THAT THIS CASE WOULD BE APPROVED AS WELL.UM, I HAVE ALSO SPOKEN WITH THE DIRECTOR OF THE INLAND PORT, AND WE ARE TO, AND WE WILL BE SITTING DOWN, JUST SO THAT YOU GUYS KNOW, WE'RE SIT, WE WILL BE SITTING DOWN TO HOLISTICALLY LOOK AT THE INLAND PORT, THE AREAS THAT ARE AG AND THEIR PLANS THAT TO MITIGATE, TO MITIGATE OR TO MOVE FROM ANY TYPE OF NON-INDUSTRIAL WAREHOUSING IN THIS PARTICULAR AREA, THE INLAND PORT PD 7 61 IS THE CITY OF DALLAS HAS DEDICATED OVER 7,500 ACRES OF LAND JUST FOR THIS PURPOSES.
IT IS ALSO AN AREA THAT IS IN PARTNERSHIP WITH FOUR OTHER MUNICIPALITIES, WILMER, HUTCHINS, AND LANCASTER.
THE PURPOSE OF THE INLAND PORT WAS TO REMOVE WAREHOUSING AND, AND ANY SUPPORTIVE SERVICES OF WAREHOUSING OUT OF THE CITY, AWAY FROM RESIDENTIAL, AND TO CONCENTRATE IT AT THIS PARTICULAR AREA BECAUSE IN THIS AREA, YOU HAVE DIRECT ACCESS TO 20 35, 45.
NOT MUCH, MUCH, MUCH FURTHER FROM 1 75 I 20 WILL GET YOU FROM THE WEST COAST TO THE, TO THE EAST COAST WITHOUT HAVING TO DEVIATE.
I 35 WILL GET YOU FROM, UM, THE GULF OF MEXICO TO CANADA.
I 45 AND I 1 75 DOES SOMETHING SIMILAR.
IT'S ALSO RIGHT THERE ON THE, UM, JOB CORRIDOR.
AND IT'S ALSO WITH, WITH THE, THE, THE, THE TRAINS.
THIS IS THE BEST PLACE YOU GUYS TO PUT ANYTHING THAT'S WAREHOUSING.
WE, EVERYBODY KEEPS SAYING WE NEED HOUSING, WE NEED ALL KINDS OF HOUSING.
WELL, THIS IS THE OPPORTUNITY.
I GOT THE LAND, IT'S IN THIS QUARTER.
IT'S BEEN DEDICATED BY THE CITY.
IT HAS THE, THE SPECIFIC INFRASTRUCTURE.
THE STREETS ARE ENGINEERED JUST TO HANDLE THIS KIND OF TRAFFIC.
WE DON'T NEED TO SP SPEND OUR MILLIONS OF DOLLARS, BILLIONS OF DOLLARS ON 2024 TYPE OF INFRASTRUCTURE TRYING TO FIX ROADWAYS.
THAT TRUCKS HAVE TORN UP BECAUSE THESE TRUCKS ARE NOT ON THE, IN THE INLAND PORT.
I, I, I WHOLEHEARTEDLY APPRECIATE ANYTHING TO PROTECT OUR WATERWAYS.
I WILL LET ENG I WILL TELL ENGINEERING AND THEY KNOW IF IT'S, IF YOU GUYS, IF THEY ARE NOT DOING IT THE RIGHT WAY, I'LL BE THE FIRST ONE TO CALL 3 1 1.
SO I'M NOT AFRAID OF THAT EITHER.
I, UM, SO, BUT I, I JUST WANT US TO UNDERSTAND THE INLAND PORT, THE NEED FOR HOUSING, THE NEED TO KEEP TRUCKS OFF OF OUR ROADWAYS AND OFF OF OUR, OUR, OUR OUR, UM, LANES TO GO IN AND OUT THE, THE FREEWAY.
I HATE SEEING THAT THIS IS A BETTER PLACE FOR THEM TO PARK.
THANK YOU, COMMISSIONER BLAIR.
ANY OTHER COMMENTS? COMMERS? COMMISSIONER HERBERT, SINCE I SECONDED IT, I'LL BE QUICK.
UM, 2012 TELEPHONE ROAD WAS ONE LANE.
IT WAS TWO LANES AND BARELY PAVED.
AND IN FOUR YEARS IT HAD WENT TO FOUR LANES AND FOR HEAVY USAGE, RIGHT? I SUPPORT IT.
I THINK IT'S PERFECT PLANNING.
ANY OTHER COMMENTS? COMMISSIONERS? OKAY.
I, I'M SORRY, COMMISSIONER BLA I WON'T BE ABLE TO SUPPORT THE, THE MOTION.
I THINK WE HAVE, UM, TOO MANY INCOMPATIBLE ADJACENCIES IN THE CITY WITHOUT CREATING MORE.
AND I, I, I'M TROUBLED BY THE STRAIGHT ZONING CHANGE TO SEES, EVEN THOUGH THIS PARTICULAR USE REQUIRES AN SS U P, THERE ARE OTHER
[05:15:01]
USES THAT CAN COME IN HERE BY, RIGHT, SUCH AS OUTSIDE STORAGE, MACHINERY, HEAVY EQUIPMENT, TRUCK SALES AND SERVICE VEHICLE ENGINE REPAIR THAT I THINK ARE TROUBLING HERE AND NOT COMPATIBLE WITH THE SURROUNDING, UM, AGRICULTURAL ZONING AND THE TRANSITION TO, UM, THE COLLEGE.AND, UM, SO ANYWAY, I'LL KEEP IT SHORT, BUT I, I WON'T BE ABLE TO SUPPORT.
I, SIR RUBEN, THIS IS A TOUGH ONE FOR ME AS WELL.
I'M SORT OF STRUGGLING WITH THIS BECAUSE I SEE THIS AS, AS BEING SORT OF NEAR THE BOUNDARY, PARTICULARLY WITH ITS PROXIMITY TO THE CREEK AND, UM, THE COMMUNITY COLLEGE.
YOU KNOW, IF THIS WERE MAYBE EVEN JUST NORTH OF TELEPHONE ROAD, IT MIGHT BE A VERY DIFFERENT CONVERSATION.
I'M JUST NOT SURE WHERE I COME OUT, PARTICULARLY WITH THE DEEDED RESTRICTIONS ON THIS ONE.
I THINK CONSIGNING IT TO THE MORE HEAVY USES WITHIN THE, THE CSS DISTRICT.
SO I, I'M STILL KIND OF WEIGHING MY OPTIONS THERE, BUT I SHARE A LOT OF COMMISSIONER CARPENTER'S CONCERNS, COMMISSIONER WHEELER.
I, I, I, I WAS CONCERNED AT FIRST, BUT, BUT I ALSO UNDERSTAND TRUCKING AND I UNDERSTAND IT REALLY WELL.
UM, COMING FROM SOMEONE WHO IS PART OWNER WITH A TRUCKING COMPANY, THE ONE OF THE THINGS THAT THEY DEFINITELY HAVE A ISSUE WITH THEIR PARKING.
A LOT OF THE PARK, A LOT OF THOSE INDUSTRY DRIVERS LIVE IN THE SOUTHERN SECTOR.
THE ONLY JOB THAT THEY CAN GET THAT IS COMPATIBLE FOR THEM NOT TO GO BACK TO PRISON IS TRUCK DRIVING JOBS.
UM, IT ALSO IS A GOOD WAY TO HAVE FAMILY LEGACY TO PASS DOWN ITS, AND TO HAVE A PIECE OF LAND RIGHT THERE IF YOU, I CAN UNDERSTAND WHEN WE LOOK AT IT FROM A AREA VIEW AND SEE WHAT'S, UH, AROUND IT.
UH, I DON'T BELIEVE IN COMMUNITY MEETINGS PROBABLY MORE THAN, UM, I SHOULD.
BUT, UM, LOOKING AT IT AND THEN GOING ONLINE ONCE THE INTERNET CAME UP AND SEEING THAT IT DID SIT IN THE INLAND PORT, KNOWING THAT AREA, KNOWING HOW HARD IT IS FOR THOSE DRIVERS WHO SOMETIMES WORK ON THE ROAD TWO, THREE WEEKS, AND BEING ABLE TO PARK THERE AND MAYBE DRIVE ACROSS THE FREEWAY INTO HIGHLAND HILLS, UM, LANCASTER, A LOT OF THOSE DRIVERS ARE LOWER, COME FROM A LOWER BACKGROUND.
AND THIS PROVIDES THEM A WAY TO MAKE MONEY.
SO WHEN WE'RE LOOKING AT IT, WE ARE LOOKING AT IT FROM A LAND USE.
I'M ALSO GONNA ALWAYS SAY, I'M GONNA BE THE GRASSROOTS COMMISSIONER.
I LOOK AT IT FROM THE PEOPLE THAT A DAY-TO-DAY LIFE, PEOPLE, UM, THAT I REPRESENT.
A LOT OF THE GUYS THAT I KNOW WHO ARE IN TRUCKING, WHO IS NO LONGER IN PRISON, CAME HOME FROM PRISON, MADE THIS THEIR LIFESTYLE.
THEY PARK IN THAT PART OF THE CITY.
SO I JUST REALLY SUPPORT THIS AT THAT, ESPECIALLY, UM, WITH THE TWO YEARS.
IF THEY MESS UP IN TWO YEARS, IT'S A GOAL.
SO I SEE IT FROM KNOWING THAT DRIVERS SOMETIMES HAVE TO PARK IN OTHER PARTS OF THE CITY, GET A RIDE TO HOME AFTER THEY'VE BEEN ON THE ROAD A WEEK OR TWO.
ANY OTHER COMMENTS? COMMISSIONER? SHALL WE TAKE A RECORD VOTE? COMMISSIONER BLAIR, SECOND ROUND.
THE QUESTION OF THE, THE, UM, COUPLE OF THINGS.
THE QUESTION OF THE RESIDENTIAL PROXIMITY, MOST OF THE RESIDENTS OUT THERE, BUT I WOULD SAY 99.9% OF THE RESIDENTIAL USES OUT THERE ARE NOT JUST RESIDENTIAL USES.
THEY BOUGHT THE LAND WHEN NOBODY DID ANYTHING OUT THERE, AND THEY ALL HAVE A BUSINESS.
NINE TENTHS OF THOSE BUSINESSES ARE CSS OR INDUSTRIAL, MEANING THEIR PARKING TRUCKS THERE.
BUT THEY, BECAUSE THEY DON'T HAVE A CO NOR DO THEY HAVE THEY GONE THROUGH PERMITTING.
THEY'RE PARKING THE TRUCKS ON UNAPPROVED SURFACES.
THEY MAY HAVE GRAVEL, BUT THEY DON'T HAVE CONCRETE, THEY HAVE NOT BEEN THROUGH ENGINEERING.
I APPLAUD THIS GENTLEMAN FOR BUYING THE LAND AND GOING THROUGH THE PROCESS OPPOSED TO JUST BUYING THE LAND, THROWING SOME ROCKS DOWN AND PARKING THE TRUCKS.
ANYWAY, IT'S GONNA HAPPEN ANYWAY.
I RIGHT UP THE STREET, I HAVE A LOT GREAT BIG LOT FOR THAT, THAT IS OWNED BY A WELL-KNOWN TRUCKING COMPANY.
AND THEY'RE GOING THROUGH CODE BECAUSE THEY REFUSE TO GO THROUGH THE PROPER PROCESS.
THEY ARE PARKING THEIR GREAT BIG OLD TRUCKS ON UNAPPROVED SURFACES,
[05:20:01]
AND THEY WON'T GO THROUGH THE PROCESS.SO WE HAVE TO GO THROUGH CODE IN ORDER TO FORCE THE PROCESS.
HE'S, BECAUSE OF THIS, HE'S GOTTA GO THROUGH THE PROCESS TO PROTECT THE, UM, THE, THE, THE CREEK.
THE OTHER GUY, HE IS OFF OF A CREEK TOO.
I AM NOT GONNA, I CANNOT ASK YOU GUYS TO PUNISH HIM FOR TRYING TO DO THE RIGHT THING.
IF YOU LOOK UP AND DOWN THIS PARTICULAR STREET WE APPROVED, WE APPROVED, UH, MR. BALDWIN HAD A CASE, WHICH IS, WHICH IS RIGHT ACROSS THE STREET FROM THIS ONE.
WHEREAS RIGHT NEXT TO A RESIDENTIAL, HE PUT IN, WE PUT IN BUFFERS.
AND IT WASN'T A UNANIMOUS APPROVAL FROM THIS BOARD TO APPROVE IT.
WHAT'S THE DIFFERENCE? THIS GUY'S TRYING TO MAKE A, HE'S NOT A BIG COMPANY.
HE'S A SMALL COMPANY TRYING TO EARN A LIVING.
AND I WISH THE, THE, THE TRUCKS THAT ARE ON BECKLEY, MEAD AND POLK WOULD COME DOWN HERE AND PARK THEIR TRUCKS AND GET 'EM OFF THE RESIDE OUT OF THE RESIDENTIAL NEIGHBORHOOD.
DON'T PUNISH 'EM FOR DOING WHAT'S RIGHT.
PUNISH THE PEOPLE WHO ARE DOING IT WRONG AND, AND SHOW THAT WE HAVE ALL KINDS OF SMALL BUSINESSES THAT ARE GONNA FOLLOW THE RULES.
GONNA GO THROUGH THE BI AND THE PERMITTING PROCESS.
THIS IS WHAT THE CITY HAS DEDICATED AND PAID BILLIONS OF DOLLARS IN ORDER TO, TO, TO DEVELOP THIS LAND AND THIS AREA FOR THE INLAND PORT, THE SCHOOL, CEDAR VALLEY COLLEGE, ITS PRESIDENT IS ON THE, I I THE INLAND PORT BOARD.
YOU KNOW WHAT THEY TEACH IN, IN, AT, AT CEDAR VALLEY COLLEGE TRUCKING.
SO IF HE'S, IF HE'S ON THE, I, THE, THE, THE BOARD FOR THE INLAND PORT AND HE'S TEACHING TRUCKING, GUESS WHERE'S THE BEST PLACE FOR THE COLLEGE IN THE INLAND PORT? SO ONE OF THE THINGS YOU GUYS KNOW, I KNOW, I KNOW MY DISTRICT.
I'M VERY IMMERSIVE IN MY DISTRICT.
I WILL FIGHT WHEN I WILL FIGHT THEM WHEN THEY'RE WRONG.
BUT I WILL, I WILL WHOLEHEARTEDLY SUPPORT THEM WHEN THEY'RE DOING THE RIGHT THING.
THIS GUY'S DOING THE RIGHT THING.
I NEED TO MAKE A POSTER OF HIM AND HOLD IT UP ON, ON, IN, IN INLAND IMPORTANCE THAT THIS IS THE KIND OF COMPANY AND THIS IS THE KIND OF GUY WE WANT DOWN HERE.
DON'T, DON'T, DON'T PUNISH HIM FOR DOING RIGHT.
OKAY, COMMISSIONERS IN THE MATTER OF Z 2 2 3 1 0 6.
WE HAVE A MOTION BY COMMISSIONER BLAIR, SECOND BY COMMISSIONER HERBERT TO NOT FILE STAFF RECOMMENDATION, BUT RATHER CLOSE THE PUBLIC HEARING AND, UH, FOLLOW THE APPLICANT'S REQUEST FOR A CSS COMMERCIAL SERVICE DISTRICT WOULD DEED RESTRICTIONS VOLUNTEERED BY THE APPLICANT AS WELL AS A THREE YEAR SS U P FOR COMMERCIAL MOTOR VEHICLE PARKING WITH NO AUTOMATIC RENEWALS.
STICK A RECORD VOTE MS. SINA OKAY.
DISTRICT ONE, BUT WAIT A MINUTE.
IF YOU'RE SAYING YES, WE'RE SAYING YES TO TO THE MOTION.
YEAH, THE, THIS IS A, A MOTION FOR APPROVAL TO FOLLOW THE REQUEST OF THE APPLICANT.
DISTRICT ONE, UH, SUPPORT THE MOTION.
[7. 23-2688 An application for a CS Commercial Service District on property zoned an IR Industrial Research District and a TH-3(A) Townhouse District, on the south line of West Ledbetter Drive, west of Duncanville Road. ]
WE'LL GO TO CASE NUMBER SEVEN, MS. GARZA.[05:25:02]
I AM NUMBER SEVEN IS KZ 2 23 1 79.AN APPLICATION FOR A CS COMMERCIAL SERVICE DISTRICT ON PROPERTY ZONED IN IR INDUSTRIAL RESEARCH DISTRICT.
A TOWNHOUSE DISTRICT ON THE SOUTH LINE OF WEST LED BETTER DRIVE.
GOOD AFTERNOON, LADIES AND GENTLEMEN.
ROB BALDIN 3 9 0 4 ELM STREET, SUITE B IN DALLAS.
YOU'RE ING THE PROPERTY DURING THIS CASE AND OFF THE BAT.
COMMISSIONER SLEEPER, I APOLOGIZE FOR THROWING THIS ONE AT YOU YOUR FIRST DAY, BUT, BUT HERE WE GO.
SO, UM, THIS SITE IS IN SOUTHWEST DALLAS OFF OF LEDBETTER.
AS SHOWN ON THIS, UM, IT IS CURRENTLY USED, UH, THE AREA.
IT'S AN INDUSTRIAL AREA, UH, NORTH AND SOUTH OF LEDBETTER.
TO THE SOUTH OF US IS SINGLE FAMILY HOMES, UH, DEVELOPED IN TH TWO AND TH THREE ZONE LAND.
HERE'S THE ISSUE THAT THE PROPERTY IS 1300 FEET DEEP.
APPROXIMATELY THE, THE BACK 400 FEET IS ZONED TH TWO OR TH THREE.
AND IT GO THAT TH THREE, UH, EXTENDS FROM JUST EACH OF OUR PROPERTY TO THE FAR WEST.
THERE'S APPROXIMATELY 33 ACRES OF IT.
AND SO, UH, MY HAT'S OFF TO MS. GARZA FOR BEING ABLE TO TRACK DOWN HOW THIS HAPPENED.
'CAUSE IF YOU LOOK AT THIS ZONING, IT IS VERY BIZARRE BECAUSE USUALLY ZONING FOLLOWS, UH, STREET RIGHT OF WAY, CREEKS, PROPERTY LINES.
THE, THE TH THREE ZONING DOES NOT DO ANY OF THAT.
IT CUTS, UH, PROPERTIES OFF IN THE MIDDLE OR UNDER THE LOWER THIRD, UM, WHICH I'VE FOUND ODD.
AND THEN SOUTH OF IT, WE HAVE THE TH TWO AND THE TH THREE, IT DOESN'T FOLLOW THE TH TWO AND TH THREE BROWNED DOES NOT FOLLOW PROPERTY LINES.
SO IT TELLS ME THAT WAS IN PLACE BEFORE THIS PROPERTY WAS DEVELOPED OR THAT IT, THAT PRO, THIS ZONING WAS NOT IN PUT IN PLACE TO DEVELOP THAT PROPERTY.
SO WE HAVE IR IN THE FRONT INDUSTRIAL RESEARCH THAT ALLOWS FOR INDUSTRIAL USES TH THREE BELOW IT, AND THEN MF TWO FARTHER WEST OF US ON, UH, LEDBETTER.
SO WHAT WE HAVE HERE, IN MY OPINION, IS I UNDERSTAND THAT THE TH THREE IS PUT IN TO SERVE AS A BUFFER BETWEEN THE, THE INDUSTRIAL AND FUTURE RESIDENTIAL.
UH, I UNDERSTAND BUFFERS AND I APPLAUD BUFFERS, AND I THINK THERE'S A GOOD PLACE FOR IT.
BUT WHAT HAPPENS IN THIS CASE, WE HAVE PROPERTY THAT WON'T BE ABLE TO BE DEVELOPED.
IT ONLY USED TO ALLOW IN A T H THREE DISTRICT IS RESIDENTIAL AND SIMMONS ANCILLARY USES ON THERE.
WE CANNOT BUILD DETENTION PONDS ON IT.
WE CAN'T DO ANYTHING BUT HAVE A VACANT 400 FOOT DEEP TRACK OF LAND BETWEEN US AND THE RESIDENTIAL BESIDE US.
CHAPTER 51 A HAS WAYS OF BUFFER, UH, INCOMPATIBLE USES.
WE HAVE R P SS, WE HAVE LANDSCAPE BUFFERS.
I'VE NEVER SEEN THE CITY OF DALLAS HAVE A PIECE OF PROPERTY ZONED IN SUCH A WAY THAT YOU CAN'T DO ANYTHING WITH IT.
THIS DOES NOT HAVE ANY ACCESS TO PUBLIC STREETS.
UH, WE'D HAVE TO, TO DEVELOP THIS PROPERTY, WE'D HAVE TO DO A, A CUL-DE-SAC ABOUT 1300 FEET LONG, WHICH IS TWICE THROUGH THE MIDDLE OF OUR PROPERTY, WHICH IS TWICE.
IS THERE ANYONE ELSE HERE THAT'D LIKE TO SPEAK IN SUPPORT? ANYONE HERE IN OPPOSITION? PLEASE CALM DOWN, GENTLEMEN.
FRANK BRACKEN 57 17 KIWANIS ROAD, DALLAS, TEXAS.
ANSWERS TO SEPTEMBER 7TH, UNRESOLVED HEARING QUESTIONS ARE Z 2 23 DASH 1 79.
LAND WAS THE NEXT BY THE DA BY DALLAS IN 1968.
PUBLIC ZONING HEARINGS RAN FROM 1969 INTO EARLY 1972, CONCLUDING WITH THE ESTABLISHMENT OF THE TH THREE ZONING BUFFER PLANNER'S EXPLANATION FOR THE TH THREE STATED NEED FOR RESIDENTIAL BUFFER TO PREVENT PING AREA TO THE SOUTH FROM FUTURE RESIDENTIAL CREEP, INDUSTRIAL CREEP.
WHAT WAS GOING ON IN Z 2 2 3 1 79
[05:30:02]
STARTING EARLY FEBRUARY THROUGH SEPTEMBER 7TH, WAS CLEARING, GRADING, FILL, FILLING WITHOUT IDENTIFIABLE PERMIT.THE TH THREE AREA CODE COMPLIANCE HAS BEEN UNIFORMLY IGNORED.
RETURNING NOW TO SEPTEMBER 7TH.
REMARKS PLAINLY STATED, THIS REQUEST IS AN ATTEMPT TO EXPAND REDBIRD INDUSTRIAL WAREHOUSE DISTRICT FOOTPRINT AT THE EXPENSE OF RESIDENTIAL ZONING AND AN EXISTING RESIDENTIAL COMMUNITY OF SEVERAL HUNDRED FAMILIES ADJACENT TO THE SOUTH BY DISCARDING TH THREE EXISTING ZONING INTENDED IN SERVING AS A BUFFER.
WHILE AMPLE REMAINING AREA WITHIN THE INDUSTRIAL DISTRICT LIES UNDEVELOPED, AS LONG AS THE TH THREE ZONING REMAINS INTACT AND ADJACENT TO BOTH THE R 10 A AREA TO THE WEST ON, ON THE WEST SIDE OF THE EXISTING COMMUNITY AND THE MULTIFAMILY TWO, A AREA ACCESS CAN BE ASSURED FROM WEST LEDBETTER AND CASA TO SOLE AND FROM WHISPERING CEDARS, ENSURING THAT THE T H C AREA SERVES AS THE INTENDED BUFFER BETWEEN RESIDENTIAL AND INDUSTRIAL USES.
OTHERWISE, ALLOWING THE TH THREE AREA TO BE BISECTED BY THIS REQUEST WILL LEAD TO A DOMINO EFFECT.
DOMINO ME TOO EFFECT, ELIMINATING THE INTENDED BUFFER.
DEVELOPABLE WAREHOUSE AREAS ARE ABUNDANT ALONG HIGHWAY 67, 67 I 20 I 35 I 45, AND ELSEWHERE OCCLUDING WITHIN THE EXISTING RED BIRD INDUSTRIAL PARK.
WHILE RESIDENTIAL OPPORTUNITIES ARE IN SHORT SUPPLY, ESPECIALLY IN D THREE.
HENCE, INDUSTRIAL IMPINGEMENT ON RESIDENTIAL ZONING SETS THE STAGE FOR AN UNQUENCHABLE THIRST FOR MORE, THEREBY JEOPARDIZING EXISTING RESIDENTIAL COMMUNITIES OF STABILITY AND FUTURE DEVELOPMENT POTENTIALS.
FROM THIS PERSPECTIVE, PLEASE DENY E 2 2 3 1 7 9.
IT LOOKS, I HAVE SOME PICTURES TO SHOW YOU ON THIS THING AND I'M NOT SURE HOW TO SET IT UP, MR. BODY ON THIS RIGHT NOW.
I LIVE AT 52 32 MONTA LANE IN DALLAS.
UM, I WANNA TALK ABOUT THIS CASE.
UM, A CLEAR, VERY CLEAR PUBLIC PARTICIPATION PROCESS WAS USED IN THE EARLY SEVENTIES ANNEXATION, WHICH CREATED THIS BUFFER.
THIS TH THREE BUFFER, THAT SAME CLEAR PROCESS WAS ALSO USED TO DEVELOP THE SOUTHWEST DALLAS LAND USE PLAN, WHICH COVERS COSTAS DE SOUL IMMEDIATELY TO THE SOUTH OF THE BUFFER.
IN BOTH CASES, THAT PROCESS ENSURED THAT THE LAND USE RECOMMENDATIONS WERE RESPONSIVE TO THE COMMUNITY OF OBJECTIVES OF MAINTAINING NEIGHBORHOOD STABILITY AND IDENTIFYING THE APPROPRIATE MIX OF HOUSING.
NOW, THE SOUTHWEST DALLAS LAND USE PLAN DESCRIBES THE AREA SOUTH OF THERE GOING ALL THE WAY FROM SPUR FOUR EIGHT TO DUNCANVILLE ROAD AND DESCRIBES THE, UH, CHANGE IN DENSITY FROM THE LARGE LOTS ON THE WEST TOWARDS IN THE, WITH THE INCREASING DENSITY UP TOWARD CASAS DE SOLE FOR IT.
AND THE, FRANKLY, THE, THE T THREE BUFFER ZONE MATCHES THE ZONING THERE IN CASAS DE SOLE, PERFECTLY.
THE ORIGINAL INTENT OF THAT BUFFER TO PROTECT ALL THAT HOUSING DOWN THERE.
IT'S MORE IMPORTANT NOW THAN EVER.
ALL THE COMMUNITIES OF COLOR SOUTH OF THAT PROPERTY SHOULD HAVE EVERY REASONABLE EXPECTATION THAT THEIR NEIGHBORHOOD'S GONNA REMAIN IN PLACE AND THAT THEY SHOULD BE ABLE TO PRESERVE THE CHARACTER OF THEIR NEIGHBORHOOD.
[05:35:03]
NOW THE SOUTHWEST DALLAS LAND USE PLAN OFFERS RESIDENCE AS ASSURANCE OF NEIGHBORHOOD STABILITY BY IDENTIFYING THE GENERAL CHARACTER OF DEVELOPMENT POTENTIAL NEAR THEIR NEIGHBORHOOD.DEVIATING FROM THAT BUFFER IS GONNA UNDERMINE THAT PURPOSE AND IT'S GONNA SHAKE THEIR, THE RESIDENT'S CONFIDENCE IN THAT STABILITY.
NOW, IF YOU PASS COMMERCIAL SERVICES ZONING ON THAT, IT'S GONNA PUT A MUCH BIGGER WAREHOUSE ON THERE.
BUT MORE IMPORTANTLY, IT'S GONNA PUT IT ON AN AREA THAT'S BUTTING UP RIGHT AGAINST THE HOUSES THAT'S GONNA MAKE A HEAT ISLAND EFFECT WHERE ONE HASN'T EXISTED BEFORE.
AND ALL OF A SUDDEN THOSE PEOPLE ARE GONNA BE DEALING WITH A LOT OF PROBLEMS THAT THEY DIDN'T HAVE TO DEAL WITH BEFORE.
FOLKS, PLEASE DENY THIS REQUEST.
PLEASE PROTECT THAT BUFFER AND PROTECT THE HOMEOWNER'S FAITH THAT THEIR HOMES ARE GONNA REMAIN AS NICE AS THEY'VE MADE THEM.
IT WAS A GOOD IDEA 50 YEARS AGO, AND IT'S STILL A GOOD IDEA.
OKAY, NOW COULD YOU, OH, YOU'VE GOT THE FIRST ONE UP THERE.
OKAY, I'VE GOT THREE PICTURES THAT I WANNA SHOW YOU.
THE FIRST PICTURE IS THIS AREA IN 1958.
THIS WAS WELL BEFORE THE BUFFER WAS PUT IN PLACE.
IF YOU LOOK TO THE UPPER RIGHT HAND CORNER THERE, THERE'S A NARROW ROAD COMING DOWN FROM LEADBETTER.
THERE, THERE IS A TRAILER PARK THERE.
SO IN 1958, THAT AREA WAS ALREADY A RESIDENTIAL AREA.
THE REST OF THAT AREA IS PRIMARILY AGRICULTURAL.
AFTER IT, OR THIS IS 2004, AFTER CASA DEL SOUL BEGAN CONSTRUCTION, IT STARTED ABOUT A YEAR EARLIER.
THE YELLOW AREA OUTLINE THERE IS THE PARCEL UNDER CONSIDERATION.
ANY OTHER SPEAKERS ON THIS ITEM? MR. BALLWIN, YOU HAVE A TWO MINUTE REBUTTAL, SIR.
AND THANK YOU FOR FILLING OUT THE ELK CARD.
I, I'LL DO IT WITHOUT THE, UH, PICTURE IN YOUR MIND THAT, THAT LAST SLIDE I HAD.
UH, SO WE HAVE THAT BUFFER AREA THAT HAS NO ACCESS TO A PUBLIC STREET.
IT'S 2,500 FEET FROM THE WEST TO, UM, ANY PLACE, UM, TO THE GIRL SCOUT CAMP.
IT'S, UH, THAT IT'S PUT A STREET OUT TO THERE.
IT SHOULD, SHOULD BE FIND A PUBLIC STREET TO CUL-DE-SAC WOULD BE FOUR TIMES AS LONG AS THE CITY OF DALLAS WOULD ALLOW TO TAKE ACCESS TO LEADBETTER THROUGH THE INDUSTRIAL PROPERTY.
WE'D HAVE TO HAVE A, A CUL-DE-SAC THAT'S TWICE AS LONG AS THE CITY OF DALLAS ALLOW US THE CUL-DE-SAC FROM LEADBETTER DOWN TO THERE FOR THE, TO, TO DEAL WITH THE SIX ACRES WOULD BE ABOUT A MILLION DOLLARS FOR THE INFRASTRUCTURE.
'CAUSE WE'D HAVE TO LOOP WATER LINES BACK THROUGH THE PROPERTY BACK UP TO, TO WEST LEDBETTER.
SO I DON'T DIMINISH THE FACT THAT A BUFFER BETWEEN RESIDENTIAL AND NON-RESIDENTIAL SPECIALTY INDUSTRIAL LAND IS A GOOD IDEA.
I JUST DON'T THINK IT'S IN THE, THE, FROM A LAND USE PERSPECTIVE, REQUIRING A SIX ACRE AREA, 400 FEET DEEP TO BE FALLOW AND HAVE NO USE TO IT DOES NOT MAKE SENSE IN MY MIND.
UH, AS, UH, A, A GOOD PUBLIC PURPOSE.
I THINK THERE ARE OTHER WAYS WE COULD PROVIDE A BUFFER OUT THERE SUCH AS, UH, DEEDED RESTRICTIONS OR EVEN A PLAN DEVELOPMENT DISTRICT, EVEN THOUGH I KNOW THAT'S NOT SUPPORTED BY THE CITY STAFF THESE DAYS, BUT TO, TO PERPETUATE FALLOW LAND THAT WAS DONE 50 YEARS AGO AND SAY THAT'S STILL GOOD PUBLIC POLICY, I, I THINK MIGHT BE MISGUIDED.
I HOPE YOU CAN SUPPORT WHAT WE'RE ASKING FOR.
WE'RE HAPPY TO DO DEEDED RESTRICTIONS.
WE'VE, UH, BUT NO ONE'S HAS RESPONDED TO OUR REQUEST TO WHAT THEY SHOULD SAY AND, AND HOW TO IMPLEMENT THEM.
SO I'M HERE TO ANSWER ANY QUESTIONS AND I HOPE YOU CAN SUPPORT THIS REQUEST.
QUESTIONS FOR THE APPLICANT? COMMISSIONER HOUSEWRIGHT, MR. BALDWIN? UM, I COULD SPEAK AT LENGTH ABOUT MY, MY OPINIONS ABOUT THE ZONING THAT HAPPENED 50 YEARS AGO AND THE, UH, LACK OF DEVELOPMENT ON THE TOWNHOUSE LAND, BUT I'M NOT GONNA SPEND MY TIME ON THAT.
I'M JUST GONNA JUST CUT STRAIGHT TO THE, TO THE QUESTION.
UM, THERE'S A, A 400 FOOT BUFFER TODAY BY WAY OF ZONING BETWEEN YOUR PROPERTY AND OR BETWEEN YOUR, YOUR COMMERCIAL ZONING AND, AND THE RESIDENTIAL.
[05:40:01]
TO US WITH A 100 FOOT BUFFER THAT WAS, UM, YOU KNOW, HEAVILY TREATED, BURNED, ET CETERA, YOU KNOW, WHERE, AS YOU SAID, THERE IS MERIT IN, UH, A BUFFER BETWEEN, UH, THE PROPOSED USE AND RESIDENTIAL, BUT IN READING THE REPORT, I DON'T RECALL SEEING ANYTHING ABOUT THAT.WE'D BE HAPPY TO TALK ABOUT THAT.
SO I'VE SENT LETTERS TO ALL THE NEIGHBORS TWICE IN BOTH ENGLISH AND SPANISH TO THE SOUTH OF US.
I HEARD FROM TWO PEOPLE I TOTALLY UNDERSTAND.
IT'S, UH, LARGELY HISPANIC NEIGHBORHOOD.
AND, UH, GIVEN THE DEMOGRAPHICS AND, UM, HISTORY OF THE AREA, A LOT OF PEOPLE DO NOT WANT TO GET INVOLVED.
WE ALSO HAD A NEIGHBORHOOD MEETING, UH, CALL LAST NIGHT WHERE WE OFFERED THAT.
BUT, UM, THERE WA THERE WAS NO INTEREST IN PURSUING THAT.
I STILL THINK IT'S A GOOD IDEA AND WE'D BE HAPPY TO DISCUSS THAT WITH AN INTERESTED PARTY AND WE'D BE HAPPY TO COME BACK WITH YOU WITH A SET OF DEED RESTRICTIONS THAT WE THINK ADDRESS IT.
BUT UP UP TO TODAY, WE DON'T HAVE ANYBODY TELLING US WHAT THEY THINK IS APPROPRIATE.
WHEN YOU SAY THERE WAS NO INTEREST IN PURSUING THAT IDEA, NO INTEREST ON THE PART OF WHOM? RIGHT.
SO LAST NIGHT, NO INTEREST ON THE PART OF THE NEIGHBORHOOD, NO INTEREST ON THE PART OF YOUR CLIENT? WHO, WHO, WHO WAS THAT? NO, NO, MY CLIENT WE'RE HAPPY TO DO IT.
KEEP IN MIND, UH, THE GENTLEMEN WHO WERE HERE TODAY, AND PEOPLE WERE ON OUR CALL YESTERDAY, THEY'RE NOT THE PEOPLE TO THE SOUTH OF US.
THEY'RE, THEY'RE THE NEIGHBORHOOD LEADERS IN THE AREA.
UH, UH, AND, YOU KNOW, THEY ALL LIVE IN THE AREA AND THEY'VE BEEN ACTIVE IN THE AREA, AND THEY'RE LOOKING FOR OUT FOR THE BEST INTEREST OF THE AREA, BUT THEY'RE NOT THE ONES IMMEDIATELY AFFECTED.
YOU KNOW, THE CONCERNS ABOUT TRAFFIC ON LEADBETTER ARE GONNA BE THERE WHETHER WE HAVE THIS BUFFER OR NOT, BECAUSE THE FRONT HALF OF THE PROPERTY CAN BE DEVELOPED UNDER THE CURRENT IR ZONING.
SO THE PEOPLE WHO ARE AFFECTED TO THE SOUTH OF US, I'VE NOT HEARD FROM, I KNOW THE COMMISSIONER'S SPOKEN TO THEM, I'VE NOT BEEN ABLE TO SPEAK TO 'EM, BUT WE'RE HAPPY TO ENTERTAIN DEEDED RESTRICTIONS, LIMITING HEIGHT, LIMITING USES, UH, LIMITING DISTANCES THAT WE CAN BUILD FROM THE, THE BACK PROPERTY LINE.
WE JUST DON'T, HAVEN'T BEEN ABLE TO TALK TO THE RIGHT PEOPLE TO FIND OUT WHAT THE, THOSE SHOULD BE.
I, I APPRECIATE YOU BRINGING THAT PIECE OF INFORMATION TO LIGHT.
YOU KNOW, IRONICALLY, I THINK THE NEIGHBORHOOD MAY BE MORE PROTECTED WITH GOING DOWN THE AVENUES THAT YOU JUST DESCRIBED THAN BASICALLY LEAVING THIS ZONING IN PLACE, WHICH IS, WHICH IS IN EFFECT IS A TAKING OF PROPERTY AND, UH, LEAVING THIS SECTION OF PROPERTY OPEN TO ILLEGAL PARKING, ILLEGAL LAND USES PEOPLE DOING THINGS UNDER THE RADAR, NOT GETTING, YOU KNOW, JUST NOT PLAYING BY THE RULES.
AND SO, UM, FRANK, ME PERSONALLY, I'M MUCH MORE SUPPORTIVE OF WHAT YOU'VE JUST DESCRIBED AND WHAT WE'VE BEEN DISCUSSING, UH, AS OPPOSED TO SIMPLY DENYING THIS, UH, ON THE BASIS OF SOMETHING THAT HAPPENED 50 YEARS AGO.
AND I'M NOT AN ATTORNEY, BUT I AGREE WITH YOU.
I THINK THERE SHOULD, THERE COULD BE SOME PEOPLE THAT SHOULD THE BUFFER STAY IN PLACE WHERE ALL HE CAN DO IS RESIDENTIAL, UM, DEVELOPMENT DOWN THERE, AND IT'S NOT, UH, FINANCIALLY FEASIBLE TO DO THAT, OR YOU CAN'T GET ACCESS THAT SOME PEOPLE COULD CONSIDER THAT A REGULATORY TAKING.
MR. BALDWIN, IN YOUR EXPERIENCE OR OPINION, WOULD IT BE HIGHLY UNLIKELY THAT THAT BUFFER ZONE WOULD EVER BE DEVELOPED? RESIDENTIAL? I THINK IT WOULD BE.
AND TO, TO EXPLAIN WHY, UM, UH, YOU, YOU WERE HERE THE LAST TIME I SHOWED A SLIDE WHERE, UM, IS THERE ANY WAY WE CAN MY, MY SLIDE BACK ON TO COME, LET'S TALK, COMING FROM LEDBETTER, WE WOULD HAVE TO PUT A 1300 FOOT, UH, CUL-DE-SAC DOWN THE, DOWN THE ONE OF THE SIDES OF THE PROPERTY.
THAT'S 56 FEET OF RIGHT AWAY WITH 27 FEET OF PAVEMENT, AND THEN A CUL-DE-SAC BALL BIG ENOUGH FOR, UH, A FIRE TRUCK TO TURN AROUND TO ACCOMMODATE SIX ACRES, GIVE OR TAKE, WHICH, UH, THE TH THREE ZONING IS 12 DWELLING UNITS PER ACRE.
SO MAYBE 55 DWELLING UNITS DOWN THERE.
WE WOULD STILL HAVE TO DO A, A LOOPED OF WATER SYSTEM, SO WE'D HAVE TO DO TWO LINES OF WATER, ONE COMING DOWN THE SIDE, THE, THE CUL-DE-SAC, AND ONE GOING UP THE EAST SIDE OF THE PROPERTY OR THE WEST SIDE, DEPENDING HOW, WHERE THAT COMES IN, THAT'S VERY EXPENSIVE FOR NOT A WHOLE LOT OF HOUSES, WHICH THEN HAS, UH, INDUSTRIAL, UH, ON TWO SIDES IN THE NORTH IF IT'LL SERVE THE PURPOSES OF THE BUFFER.
UM, IF WE ARE COMING IN FROM THE WEST, CAN YOU GO TO THE NEXT SLIDE, PLEASE? WE HAVE 2,500 FEET, FOUR TIMES THE LENGTH OF ANY, UH, CUL-DE-SAC IN THE CITY OF ITS PORT.
[05:45:01]
AND THAT 33 ACRE TH ZONING BARELY TOUCHES, IF YOU COULD SEE UP THERE, WHAT MAY BE A PUBLIC STREET.THAT'S AT THE, THAT'S THE ROAD LEADING INTO THE GIRL SCOUT CAMP.
AS YOU CAN SEE, IT'S BEHIND, THERE'S GATES AND A WIRE OR, UM, A CHAIN ACROSS.
IT LEADS ME TO BELIEVE THAT THAT'S A PUB, A PRIVATE STREET, AND THE ONLY ACCESS TO THAT 33 ACRES IS A SMALL SLIVER AT THE END OF THE STREET.
AT OUR MEETING LAST NIGHT, ONE OF THE NEIGHBORS BROUGHT UP THAT THERE'S THIS WEIRD TRIANGULAR PIECE OF PROPERTY ON THE BOTTOM THERE THAT MAY BE A RIGHT OF WAY.
I WENT TO THE, UH, THE APPRAISAL DISTRICT.
IT DIDN'T SAY IT'S A RIGHT OF WAY, BUT IT DIDN'T SAY IT BELONGED TO ANY PROPERTY.
SO LET'S ASSUME IT IS A RIGHT OF WAY.
IT STILL DOESN'T CONNECT TO A PUBLIC STREET.
SO IN ORDER TO CONNECT TO A PUBLIC STREET, LET'S ASSUME THAT THE GIRL SCOUT ROAD IS A PUBLIC STREET.
WE WOULD'VE TO CROSS 11 PROPERTIES AND DO A 2,500 SQUARE LINEAR FOOT CUL-DE-SAC, UH, THAT THE CITY WOULDN'T APPROVE.
AND THEN WE'D HAVE TO DO THE, THE LOOP LINES AGAIN.
SO I DO NOT SEE THIS PROPERTY BEING DEVELOPED, AT LEAST MY CLIENTS', UH, SIX ACRES DEVELOPED AS RESIDENTIAL DUE TO ACCESS.
NOW, I THINK IF WE CAME IN TO THE CITY AND SAID, YOU KNOW WHAT? WE THROW IN A TOWEL, WE WANT TO DO TH THREE ON THIS WHOLE 20 ACRES.
IF I CAME IN AND DID THAT, I WOULD SUSPECT STAFF AND SAY, WHAT ARE YOU, WHAT ARE YOU TALKING ABOUT? IF WE GOT INDUSTRIAL IN THE NORTH, YOU'VE GOT INDUSTRIAL ON BOTH SIDES, AND YOU WANNA PUT RESIDENTIAL HERE.
I DON'T KNOW IF THE CITY STAFF WOULD BE SUPPORTIVE OF THAT.
SO I THINK MY CLIENT IS STUCK WITH A PIECE OF PROPERTY, WHICH IS TWO THIRDS INDUSTRIAL, ONE THIRD LAND HE CAN'T BUILD ON.
I, I THINK YOU ASKED ME WHAT TIME IT WAS, AND I TOLD YOU I HAD TO MAKE A WATCH, AND I APOLOGIZE FOR THAT, BUT THIS IS A WEIRD ONE.
QUESTIONS FOR MR. COMMISSIONER HERBERT, PLEASE? QUITE A FEW.
ARE YOU AWARE THAT THERE'S A STREET INSIDE OF THE SUBDIVISION THAT DOES EXIST CALLED MAR AL THAT DOES EMPTY OUT INTO VACANT LAND? CURRENTLY THERE'S A STREET IN THE SUBDIVISION SOUTH OF US THAT JORDAN RIDGE.
AND COULD YOU PLEASE PUT MY, UH, I DON'T THINK IT DOES, TO BE HONEST WITH YOU, IF YOU COULD, UH, YEAH, IT DOES.
NOT ONLY THERE, BUT ALSO BETWEEN THE TWO HOMES.
NOT THAT, COULD YOU GO UP ONE PLEASE? UH, ONE MORE.
THERE, I DO NOT SEE ANY STREET STOPPING INTO THIS PROPERTY.
THERE'S A GAP IN YOUR BLUE AREA WHERE THE RESIDENCES ARE.
YOU SEE THAT GAP, THAT STREET GAP, THAT'S A MAJOR TO THE LEFT OF THE PROPERTY.
EVEN IF YOU GO A SLIDE ABOVE IT, ARE YOU TALKING ABOUT TWO, TWO ENTRANCES? THERE'S ONE CAT CORNER AT THE VERY TOP THAT GOES RIGHT TO THE TH THREE.
IF YOU DRIVE THAT NEIGHBORHOOD, YOU WILL SEE THAT AREA IS DEDICATED TO A PARK, UM, UH, A RESIDENTIAL KIND OF BUR OF, OF TREES AND, AND LAND.
UM, FURTHER DOWN ABOUT FIVE HOUSES DOWN, THERE'S A STREET CALLED
IT'S, UH, WIDER THAN THE REST OF THE STREETS IN THE NEIGHBORHOOD.
THAT'S, TO ME, WAS SET AS PRECEDENT TO GET INTO THE, THE, THE TH THREE AREA.
I SEE A STREET STUB OUT TO THE WEST.
I DID NOT SEE A STREET STUB OUT TO THE NORTH.
SO I, I MAY BE MISREADING THE MAP, BUT I, I DO NOT SEE ANY ACCESS TO THIS PROPERTY FROM THE SOUTH.
WELL, THERE IS, UM, SO THERE IS ACCESS AND THERE'S WAYS TO ACCESS THIS PROPERTY, UM, THROUGH ACQUISITIONS.
UM, IF SOMEONE WANTED TO COME IN AND PURCHASE TH THREE LAND ACROSS THAT LOT AND PURCHASE THEM FROM ALL OF THEM, THERE'S SEVERAL WAYS THAT LAND CAN BE PURCHASED AND ROADS CAN BE CREATED, UM, IN A, IN A UNDEVELOPED AREA.
THE AREA IS NOT DEVELOPED, UM, IN, UH, LEFT TO THE WEST OF THE PROPERTY.
UM, AND IF DEVELOPMENT CAME IN, CREATING A ROAD CAN BE ACQUIRED.
UM, SO I DO APPRECIATE YOU TA SPEAKING OF THE LAND LOCKING, BUT THERE ARE ENTRANCES TO THE AREA AND MORE ENTRANCES THAT CAN BE CREATED WITH, UH, SIMPLE ACQUISITIONS.
UH, UM, NEITHER HERE, THERE, ARE YOU AWARE OF THE TRAFFIC ISSUES ON LEDBETTER CURRENTLY? TRAFFIC ISSUES ON LEDBETTER? YES.
I KNOW THAT IT'S A BUSY STREET AND IT, AND AT THIS POINT IT'S STILL CURB AND GUTTER, BUT AS DEVELOPMENT, I'M WORKING ON DEVELOPMENT TO THE EAST OF HERE, RIGHT IN THE CORNER OF DUNCANVILLE IN LEDBETTER.
AND THE CITY'S MAKING US PUT IN CURB GUTTERS, LANDSCAPING SIDEWALKS
[05:50:01]
AS THE PROPERTY DEVELOPS AND YOU PLANT THE PROPERTY AND DEVELOP THE PROPERTY, CURB, GUTTERS, SIDEWALKS COME INTO PLACE RIGHT NOW.I, I AGREE, AGREE THAT LEADBETTER IS NOT A GREAT STREET.
IT'S NOT REALLY WIDE AND IT'S USED BY TRUCKS, BUT THE CURRENT ZONING ALLOWS THAT TO HAPPEN.
UM, ALSO, ARE YOU AWARE OF THE CURVE THAT'S RIGHT NEXT TO YOUR PROPERTY OR VERY CLOSE TO YOUR PROPERTIES, UM, BEING KNOWN TO THE NEIGHBORS AS DEAD MAN CURVE? NO, I HAVEN'T, BUT THAT WOULD BE A GOOD NAME FOR IT, I GUESS.
UM, SO THIS IS WHY THE NEIGHBORS HAVE TROUBLE WITH ADDING THE AMOUNT OF TRUCK TRAFFIC THAT YOUR APPLICANT HAS PROPOSED.
UM, THAT'S ALL THE QUESTIONS I HAVE.
SO YEAH, SO THE QUESTION IS THE, YOU KNOW, WE ARE NOT ASKING ABOUT, ORIGINALLY WE ASKED FOR TO BRING OUR SOUTHERN PORTION INTO AN IR DISTRICT.
SO WE HAVE THE SAME ZONING THROUGHOUT THE ENTIRE PROPERTY.
STAFF ASKED US TO CONSIDER A CSS DISTRICT 'CAUSE IT'S LESS INTENSIVE, AND WE AGREED TO DO THAT.
SO, UM, WE'RE ORIGINALLY, WE WEREN'T PLANNING ON REZONING THE, THE FRONT HALF, AND IT CURRENTLY HAS AN IR ZONING.
SO, UM, IT CAN BE DEVELOPED UNDER THE IR ZONING AND IT WILL CONTRIBUTE TRAFFIC TO LEADBETTER, UM, IF THE LEADBETTER NEEDS TO BE IMPROVED.
AND UNFORTUNATELY, CITY OF DALLAS DOES NOT HAVE IMPACT FEES AND WE RELY ON DEVELOPMENT TO FUND INFRASTRUCTURE IMPROVEMENTS, WATER, SEWER, PAVING AND DRAINAGE.
UM, THE WAY, IN THIS CASE, THE WAY WE WOULD LIKE TO HELP SUPPORT THE CITY OF DALLAS INFRASTRUCTURE WIDENING OF LEAD VETERAN AND WHATNOT, IS TO DEVELOP OUR PROPERTY, UH, AND INCLUDING THE T H THREE ZONE LAND.
WHAT IS, UM, THE, I, NO, I GUESS I DIDN'T CITY STAFF THAT IN A MINUTE, OR DO YOU KNOW THAT, WHAT IS THE S U P 2256? THE S U P TO THE WEST? THE, THE SINGLE ONE? YEAH.
SO I THINK I, I'M AT A POINT WHERE MY CONCERN IS, 'CAUSE WE'RE, WE'RE GONNA DRAG THIS OUT A LITTLE LONGER.
UM, IT NEEDS TO BE, THEY ALREADY HAVE OUR ZONING, RIGHT? EVERYTHING ABOVE THAT LINE IS IR ZONING.
AND HOW MANY ACRES IS THAT, MA'AM? HOW MANY ACRES IS THAT? OURS, OURS IS SIX.
HOW MANY IS ALREADY ZONED FOR IR? I DON'T KNOW HOW MUCH ALL THAT IR IS OUTSIDE OF OUR PROPERTY.
I KNOW THAT THE, THE AREA IN THE BOX, WHICH IS THE TH THREE, I CALCULATED TO BE ABOUT 33 ACRES.
SO I WOULD SAY EVERYTHING NORTH OF THAT.
HOW MUCH IS YOURS? WHAT'S THAT? HOW MUCH, HOW MUCH IN HOW MANY ACRES DO YOU ALL WE HAVE APPROXIMATELY SIX ACRES ZONED TH THREE AND APPROXIMATELY 14 ACRES ZONED, UH, IR.
AND SO WHAT WE ARE TRYING TO DO IS DETERMINE, BECAUSE THE F THE FEAR AT THIS POINT IS CAN WE DO A BIG ENOUGH BUFFER, UM, THAT WILL PUT A BUFFER BETWEEN THE, THE NEIGHBORHOOD AND, UM, THE IR CURRENT ZONING AND ALSO LEAVE ENOUGH SO THAT WE WON'T BE, HAVE TO GO BACK AND INSPECT THIS AREA.
BECAUSE IF THEY HAVE I ZONING, THEY'RE GONNA DO IR.
DO WE LEAVE THREE ACRES AND ALLOW THEM TO GET THREE ACRES OF, UM, WELL HAVE THEM BUFFER THREE ACRES AND ALLOW THREE ACRES TO GO WITH WHAT THEY CURRENTLY ALREADY HAVE.
UM, BECAUSE WHAT'S GONNA END UP, WHAT WE'RE, WHAT I'M ASSUMING IS THEY'RE TRYING TO DO IS NOT HAVE AN ILLEGAL LAND USE BECAUSE I DON'T SEE THEM NOT GET DOING, USING IR FOR COMMERCIAL USE BECAUSE THEY CAN DO IT BY RIGHT, RIGHT.
UM, I THINK
I'VE SPOKE TO MY CLIENT YESTERDAY AND WE WERE HOPING AT THE, THE MEETING LAST NIGHT, PEOPLE WOULD SAY, WOULD YOU BE CONSIDERING A HUNDRED FOOT? HOW ABOUT IF WE DO A HUNDRED FOOT BUFFER BETWEEN US? HOW ABOUT 150 FOOT BUFFER? SOMETHING LIKE THAT.
HOW ABOUT WE SPLIT THE DIFFERENCE REACT THAT NEVER CAME UP.
WHAT ABOUT SPLITTING THE DIFFERENCE IF IT'S SIX ACRES, THREE, THREE ACRES ABOVE FOR THREE ACRES TO GO, BECAUSE THEY'RE GONNA DO IR ABOVE HOW MANY, BECAUSE WE DON'T WANT COME BACK AND THEN IT'S A ILLEGAL LAND USE.
AND UNLESS THEY BOUGHT ALL THE LAND AND THEN DO A SUBDISTRICT, DO THEY OWN THEY DON'T OWN THE REST OF IT.
[05:55:01]
YEAH.SO THIS IS ONE OF THEM CASES THAT, UM, WE DENY AND PRAY THAT THEY DON'T DO A ILLEGAL LAND USE.
SO WE FIND A SOLUTION TO THE PROBLEM AND, AND, AND, AND SEE WHERE WE CAN GET THE APPLICANT TO.
IF, IF THERE IS CONSENSUS ON THE BOARD TO SAY, ROB, WE GIVE YOU A MONTH OR WHATEVER, GO OUT AND AND CRAFT SOME DEEDED RESTRICTIONS THAT YOU CAN, YOU CAN, THAT YOU THINK MAKES SENSE, HAPPY TO DO THAT.
AS OF THE CASE BEFORE US, WE'VE BEEN IN THE PROCESS FOR ABOUT 12, 13 MONTHS AND WE WOULD SURE LIKE TO GET OUT OF IT, BUT WE'RE NOT GONNA, WE DON'T WANNA RUSH TO GET OUT OF IT.
IT'S GONNA COST US, UH, THE ZONING CASE.
I THINK THAT WE COULD COME UP WITH A, INSTEAD OF DEEDED RESTRICTIONS THAT WOULD BE TIED TO THE ZONING CASE, MEANING THEY'RE ENFORCEABLE AS A ZONING VIOLATION.
UM, THAT WOULD PROVIDE PLENTY OF BUFFER TO OUR NEIGHBORS TO THE SOUTH AND ALLOW US TO HAVE A USE OF A, A GOOD PORTION OF THAT PROPERTY.
I BUILD A STREET THROUGH YOUR PROPERTY AND ON THE SIDE OF YOUR PROPERTY THEN AND BUILD SOME TH HOUSING ONE OF THEM.
DOES THAT CONCLUDE YOUR QUESTIONS? COMMISSIONER, WERE YOU THERE? YEAH, IT, IT CONCLUDES BECAUSE I MEAN, I CAN'T, ONLY THING I CAN SEE IT'S ONLY ONE OR TWO WELL, THREE SOLUTIONS.
THEY BUILD SOMETHING ON, ON THE IR WE'RE JUST, WE'RE JUST ASKING YEAH.
UH, FOLLOWING ON COMMISSIONER WHEELER'S QUESTIONS ABOUT, UH, AND YOU KNOW, HOPING A PRAYER HERE ABOUT WHAT WE DO IN FRANKLIN, I'M HAVING A LITTLE BIT OF FLASHBACKS, YOUR MICROPHONE.
THANK YOU, UH, FROM THE PREVIOUS CASE ON TELEPHONE ROAD.
SO I'M, I'M WONDERING, DO YOU HAVE A SLIDE THAT'S IN AERIAL WITH THE, UH, THAT TOWN HOME RECTANGLE OVER LAID OVER IT? YES.
COULD YOU GO UP THIS ONE OR DO YOU WANNA GO UP ONE? CAN YOU ZOOM IN ON THAT ONE? IS THAT POSSIBLE? YOU CAN'T DO I CAN'T YOU CAN'T DO THAT.
UH, THE, THE COMPUTER GURU OVER THERE MAY BE ABLE TO DO THAT.
SO IT'S, IT'S ACTUALLY A LITTLE MORE CLEAR ON A, ON A GOOGLE MAP.
BUT, UM, YOU KNOW, I'M, AGAIN, I'M, I'M THINKING ABOUT THE CASE THAT WE JUST HAD BEFORE AND IT HAS NO REFLECTION ON THIS ONE OTHER THAN WHEN YOU LOOK AT THE PROPERTIES THAT ARE NEXT TO THIS ONE, ARE, THEY HAVE A TOWN HOME, UH, DESIGNATION ALSO ON THE REAR PORTION OF THEIR PROPERTIES.
BUT IF YOU IN ON THOSE, WHAT'S WHAT'S HAPPENING THERE TODAY? UH, I AGREE.
UH, I, I SUSPECT THAT THOSE PEOPLE ARE NOT GONNA BE HAPPY THAT WE MOVE THIS CASE FORWARD AS CODE ENFORCEMENT COMES AND TALKS TO 'EM.
WELL, AGAIN, THAT'S WHY I'M HAVING, THAT'S THE ABOUT COMMISSIONER BLAIR'S COMMENTS ON THE PREVIOUS CASE ABOUT, I THINK THAT'S THE PROBLEM WITH, IS THE COMMISSIONER ER WAS SAYING WE HAVE A 1300 FOOT DEEP PROPERTY THAT'S NARROW IN THE FRONT, AND WHEN CODE ENFORCEMENT PEOPLE DRIVE BY, THEY CAN'T SEE WHAT'S GOING ON IN THE BACK.
UH, YOU KNOW, CLEARLY THE S U P FOR THIS PROPERTY STOP, UH, IF YOU LOOKED AT, AT THE ZONING MAP, THE S U P STOPS AT THE ZONING DISTRICT BOUNDARY LINE.
BUT THAT'S NOT WHAT'S, THAT'S NOT WHAT THE AERIAL SUGGESTS IS HAPPENING THERE.
COMMISSIONER HOUSE, ARE WE ON THE SECOND ROUND? PARDON ME? ARE WE ON THE SECOND ROUND? YES, SIR.
SO, UH, I KNOW THIS IS A QUESTION, SO I'M GONNA ASK MR. BALDWIN QUESTIONS.
UM, MR. MR. BALDWIN, WOULD YOU AGREE THAT, UM, IT'S HIGHLY UNLIKELY THAT IF ANOTHER 50 YEARS PASSES, SOMEONE'S GONNA INVEST IN THE INFRASTRUCTURE TO DEVELOP TOWNHOUSES ON THIS LAND? I THINK IT'S VERY UNLIKELY THAT ANY ANYBODY'S GONNA PUT TOWNHOUSES THERE OR, OR SOMEONE COME IN AND PUT MULTIFAMILY OR ANYTHING THERE.
IT'S, UH, IT'S, YOU KNOW, THE BACK HALF OF INDUSTRIAL LOTS.
AND, AND WOULD YOU AGREE THAT, UM, OUR CITY TODAY IS DIFFERENT THAN IT WAS 50 YEARS AGO? I AGREE THAT'S CORRECT.
AND WOULD YOU AGREE THAT THERE ARE OTHER WAYS TO CREATE A BUFFER TO SINGLE FAMILY RESIDENTIAL THAN A 400 FOOT WIDE, UH, TAKING OF PEOPLE'S LAND? I DO AGREE TO THAT.
ANY OTHER QUESTIONS? COMMISSIONERS FOR MR. BALDWIN? COMMISSIONER CARPENTER, PLEASE, MR. BALDWIN? UM, AS A GENERAL RULE, WOULD YOU CONSIDER IT GOOD LAND USE TO ABUT RESIDENTIAL NEIGHBORHOOD WITH STRAIGHT CSS ZONING? I'M SORRY, COULD YOU SPEAK UP? UH OH, I'M SORRY.
AS A, A GENERAL LAND USE PRINCIPLE, WOULD YOU CONSIDER IT GOOD LAND USE POLICY TO A BUT UNRESTRICTED CSS ZONING TO A RESIDENTIAL NEIGHBORHOOD? I, I DIDN'T CATCH ALL THAT.
LAND USE POLICY CSS ZONING NEXT TO RESIDENCE, THE CSS ZONING BELONG RIGHT NEXT TO RESIDENTIAL ZONING.
[06:00:01]
MORE THAN IR DOES.AND THAT'S WHY I'M GETTING TO YOUR ANSWER.
THAT'S WHY SAME BEING PUNCHED ONCE IS BETTER THAN BEING PUNCHED TWICE.
THE EDGES WERE ALWAYS TOUGH, RIGHT? YES.
UH, AND CHAPTER 51, A ARTICLE 10 TRIES TO SOFTEN THE EDGES 'CAUSE THEY KNOW THAT THE EDGES ARE WHERE THE, THE ISSUES COME UP, RIGHT? SO WE HAVE LANDSCAPE BUFFERS, WE HAVE R P SS, WE HAVE CERTAIN USES THAT REQUIRE SPECIFIC USE PERMITS WITH, THEY'RE IN 500 FEET OF A RESIDENTIAL.
SO, UM, IF I WAS PLANNING A CITY FROM SCRATCH, WOULD I PUT A CSS DISTRICT NEXT TO, UH, RESIDENTIAL? PROBABLY NOT.
BUT THE FACT IS, IS WE'RE DEALING WITH THE FACTS ON THE GROUND TODAY, AND WE DON'T ALWAYS GET TO PICK AND CHOOSE HOW WE'RE GONNA LAY THINGS OUT.
IN THIS CASE, I'M JUST ASKING THAT MAYBE THERE'S ANOTHER WAY TO PROVIDE A BUFFER, A REQUIRED BUFFER FOR SURE, BETWEEN A, A HEAVIER USE AND A, A RESIDENTIAL USE THAN HAVING, UH, SIX ACRES OF UNIMPROVED LAND.
WOULDN'T YOU AGREE THAT REGARDLESS OF WHERE THE EDGE COMES HERE, SOME BUFFERING IS GOING TO BE REQUIRED? WHETHER IT'S THE CURRENT BOUNDARY OR IF IT WERE AT THE, UH, CURRENT TH THREE IR BOUNDARY, IF THAT TH THREE EVER GOT DEVELOPED, WE'D HAVE, WE'D BE FACING THE SAME PROBLEM OF BUFFERING.
IF THAT TH THREE EVER GOT DEVELOPED, IT WOULD CREATE ADDITIONAL WELL, NO, BECAUSE THE, IT'S REQUIRED, THE ZONING IS WHAT TRIGGERS THE, THE SETBACKS AND THE, THE R R A R AND ALL THAT, NOT THE ACTUAL WHAT BUILT ON THE GROUND.
BUT YOUR, UM, CLIENT IS WILLING TO LOOK AT BUFFERING BEYOND WHAT ARTICLE 10 OR THE DE DEVELOPMENT CODE REQUIRES.
I WOULD SURE ENCOURAGE 'EM TO YES, BECAUSE, YES.
UM, I'M, WOULD YOU BE SURPRISED THAT I WOULD NOT SUPPORT A STRAIGHT CS ZONING NEXT TO RESIDENTIAL? I WOULD NOT BE SURPRISED IN THE LEAST.
UH, WOULD YOU CONSIDER GOING FORWARD IN AND LOOKING STRONGLY AT, YOU KNOW, SOME SORT OF CREATIVE BUFFERING HERE IN TERMS OF, YOU KNOW, UNDEVELOPED LAND AND ALSO SOME, UH, CSS USE RESTRICTIONS? BECAUSE A CS STRAIGHT CS ZONING RIGHT NOW WOULD ALLOW, YOU KNOW, COMMERCIAL MOTOR VEHICLE PARKING ALL THE WAY UP TO, YOU KNOW, THESE PEOPLE'S BACKYARDS.
ANY OTHER QUESTIONS, COMMISSIONERS FOR MR. BALDWIN? QUESTIONS FOR OUR SPEAKERS IN OPPOSITION? QUESTIONS FOR STAFF COMMISSIONER HERBERT, PLEASE.
UM, SPEAKING OF THE SUVS THAT ARE ON, ON THE GROUND ON THESE SITES, UM, ARE YOU GUYS AWARE OF THE CASES IN 2017 AND THE ONE IN 2020 ON, UM, THOSE SPECIFIC SUVS? NO, I'M NOT AWARE.
UM, THOSE CASES WERE, UM, VERY CONTINGENT.
UM, THE LAST CASE WAS DENIED WITH A STRAIGHT DENIAL.
UM, AND, AND THE BODY AT THE TIME UNDERSTOOD THE IMPORTANCE OF THE T EIGHT, THE T THE TH THREE BECAUSE OF THE ONLY RESIDENT THAT IS LEGALLY OPERATING ACCURATELY, UM, CAME AND FOUGHT AT THAT CASE.
AND I ALSO SPOKE WITH THE GENTLEMAN WHO SIGNED HERE.
UM, THERE ARE PEOPLE WHO ARE DOING THINGS RIGHT WHO HAVE MULTIFAMILY ON ONE SIDE.
THIS GUY'S MULTIFAMILY ON ONE SIDE, AND THEN ON THE OTHER SIDE HE'S DOING THE TH THREE.
AND HE CON ARE YOU AWARE OF THE FLOODING PROBLEMS THAT HE HAS ON HIS PROPERTY FROM THE SUVS? JUST FROM COMMERCIAL PARKING? NO, I'M NOT AWARE.
UM, ARE YOU AWARE OF, WELL, I'M SORRY YOU ARE NOT AWARE OF THE COMMENTS THAT WERE MADE DURING THAT, THOSE TWO, UM, HEARINGS.
UM, I THINK A COUPLE C P C MEMBERS HERE.
NOW, WERE HERE PRESENT DURING THAT TIME.
UM, BUT I WILL SAVE THE REST OF THE COMMENTS FOR DISCUSSION.
ANY OTHER QUESTIONS FOR STAFF COMMISSIONERS? SEEING NONE, COMMISSIONER HERBERT, DO YOU HAVE MOTIONS, SIR? UM, I MOVED TO, UH, CLOSE THE PUBLIC HEARING, UM, AND DENY THIS ZONING CHANGE AND NOT FOLLOWING, UM, STAFF'S RECOMMENDATION OF APPROVAL, UM, WITHOUT PREJUDICE STRAIGHT.
DID YOU SAY WITHOUT PREJUDICE? YES.
DO WE HAVE A SECOND? COMMISSIONERS? NO SECOND.
[06:05:02]
I I WILL MOVE TO, DID DID YOU SECOND THE, YOU DID NOT SECOND THE MOTION.SECOND I WE NEED ANOTHER MOTION, PLEASE.
ANYONE? COMMISSIONER KINGSTON? I'D HA I'M HAPPY TO MAKE A MOTION.
UH, COMMISSIONER TREADWAY, HER LIGHT WAS ON, RECOGNIZED HER COMMISSIONER KINGSTON, PLEASE.
I MOVE TO LEAVE THE PUBLIC HEARING OPEN AND HOLD THIS OVER FOR, I DUNNO, UNTIL OUR, WHAT IS OUR DECEMBER 7TH? SEVENTH.
DOES THAT GIVE YOU ENOUGH TIME, MR. BALDWIN? IT'S ONLY ONE MEETING OF DECEMBER.
DOES THAT GIVE YOU ENOUGH TIME? YEAH.
NO COMMISSIONERS IN THE MATTER OF, UH, Z 2 2 3 1 79.
WE HAVE A MOTION BY COMMISSIONER KINGSTON, SECONDLY, BY MYSELF TO KEEP THE PUBLIC HEARING OPEN HELD OR MINOR UNDER ADVISEMENT TO DECEMBER 7TH.
ANY DISCUSSION ON THAT? COMMISSIONER? UH, HER REFERRED.
SO, UM, AFTER THE CONVERSATION AND THE MEETING WITH, UM, THE SELLER, THE PROSPECTIVE BUYER, AND MR. BALDWIN, IT WAS CLEAR THAT THE PURCHASER AND THE SELLER DID NOT RESPECT THE COMMUNITY, UM, AND DID NOT RESPECT THE PEOPLE ON THE PHONE.
UM, THEY DIDN'T KNOW WHAT THEY WERE GOING TO BUILD.
UM, THEY DIDN'T KNOW THEY HAD AN IDEA OF WHAT THEY WANTED TO BUILD.
UH, BUT THERE WAS A LOT OF CONTINGENCY ON THE PHONE, WHICH IS WHY I DENIED IT, BECAUSE THEY DON'T HAVE A PLAN.
THEY WANT TO SELL A PROPERLY AND TURN THE PAGE.
UM, THAT'S WHY I'VE MADE THE MOTION, THE WAY I MADE IT TODAY.
UH, THE, THE COMMUNITY OVER 30 MEMBERS OF THAT HISPANIC COMMUNITY SPOKE WITH ME WITH STRONG APPREHENSION OF LED BETTER ROAD AND THE TRAFFIC THAT THEY HAVE TO DEAL WITH DAILY, THE NOISES THAT THEY HAVE TO DEAL WITH DAILY, CURRENTLY ON THE GROUND, AND HOW THEY DIDN'T WANT TO ADD MORE TRACK TRUCK TRAFFIC TO THE AREA.
UM, IT'S FUNNY BECAUSE TWO YEARS AGO, THE SAME CASE SIMILAR CAME HERE.
THE C P C MEMBER AT THE TIME VOTED TO APPROVE IT AND DIDN'T GET A SECOND.
SO, UM, I HOPE THAT BETWEEN NOW AND THE TIME THIS HEARING COMES THAT YOU GUYS DRIVE LED BETTER AND YOU UNDERSTAND DEAD MAN'S CURB, YOU UNDERSTAND THAT IT'S TWO ROADS.
TELEPHONE ROAD IS PREPARED FOR THIS TELEPHONE ROAD IS READY FOR THIS.
LEDBETTER ROAD HAS BEEN THERE SINCE 65 71.
IT IS KNOWN AS THE RED BIRD INDUSTRIAL AREA.
NO ONE HAS PREPARED LEADBETTER.
AND IF YOU THINK CODE IS NOT DOING WHAT THEY'RE SUPPOSED TO DO NOW, HOW DO YOU THINK THEY'RE GONNA HOLD THEM TO DEEDED RESTRICTIONS? WE HAVE A PROBLEM HERE ON THE GROUND, AND I HOPE THAT MY COMMISSIONERS VISIT THE AREA, UNDERSTAND WHAT'S HAPPENING ON THE GROUND, AND TAKE THAT INTO CONSIDERATION.
I, I DO TAKE THAT INTO HIGH REGARD.
MY ISSUE IS THAT THEY HAVE AN IR ZONING.
AND WHAT I DON'T WANNA SEE IS A, THEM HAVE A ILLEGAL LAND USE.
IT'S ALREADY, BUT THEY ARE NOT YET.
YES, THEY'RE, SO THIS, THE LAND HAS BEEN GRADED, CLEARED, EVERYTHING.
COMMISSIONER HERBERT WE'RE, WE'RE SO, BUT, BUT ONE AT A TIME.
SO IF WE DON'T DO IR, WE'RE JUST LOOKING AT THE AREA MAP.
IT LOOKS LIKE MAYBE ONE PERSON IS IN COMPLIANCE AND EVERYBODY ELSE IS DOING WHATEVER.
AND IT'S ALREADY HARD FOR CODE TO ENFORCE.
THERE NEEDS TO BE A MAJOR BUFFER.
I, I, I REQUEST IS SPLITTING THE DIFFERENCE.
BUT I ALSO UNDERSTAND WHEN DEVELOPERS DON'T COME OR OWNERS DON'T COME THROUGH THIS BODY.
SO I WOULD HOPE THAT, THAT BY THE TIME THIS GETS BACK IN FRONT OF US, THAT WE HAVE SOME SOMEONE WHO REP THAT IS THE OWNER OF THIS PROPERTY COME IN TO TELL US WHAT THEIR INTENT IS AND WHETHER THEY'RE WILLING TO DO DEED RESTRICTIONS.
UM, BECAUSE IF NOT, WE, THEY CAN JUST DO THE 14 ACRES.
BUT WE NEED SOMEONE, ESPECIALLY IF THERE'S A, A DISCONNECT BETWEEN THE COMMUNITY AND THEM, WE NEED TO HEAR FROM THEM.
BUT THIS IS THE SECOND TIME THIS IS COMING UP.
SO ABOUT A THIRD, WE EITHER NEED TO BE A CHARM OR NOT.
SO I THINK THAT THAT'S WHERE I'M AT HOLDING IT.
UM, BECAUSE IT'S THE ILLEGAL LAND USE THAT
[06:10:01]
MIGHT HAPPEN THAT IT'S NOT, MIGHT WILL HAPPEN.UM, AND LET'S GET THOSE APPLICANT, THOSE THAT, THOSE YOU REPRESENT BEFORE US.
SO I'M GONNA, UM, GO WITH THE MOTION ONE LAST TIME.
ANY OTHER COMMENTS? COMMISSIONERS, COMMISSIONER KINGSTON? YEAH, I, I LIKE ECHO THE THOUGHT THAT THE PROPERTY OWNER SHOULD BE HERE.
THERE'S NO EXCUSE FOR THEM NOT TO BE HERE WITH ZOOM.
UM, IT'S CLEAR THAT THERE'S A PROBLEM ON THE GROUND AND IT'S CLEAR THAT THE ZONING THAT'S THERE IS NOT PRACTICALLY DEVELOPABLE.
AND EVEN IF WE DEVELOPED IT AS TOWN HOME, WE WOULD STILL HAVE THE PROBLEM THAT YOU HAVE RESIDENTIAL ABUTTING IR.
SO WE'RE NOT SOLVING ANY PROBLEMS BY CHANGING IT OR DEVELOPING IT AS RESIDENTIAL AS IT ZONED.
'CAUSE WE STILL WOULD HAVE RESIDENTIAL ABUTTING INDUSTRIAL.
SO THIS IS AN OPPORTUNITY FOR THIS LANDOWNER TO COME UP WITH SOMETHING THAT WORKS.
CLEARLY, THIS ENTIRE STRIP IS BEING ILLEGALLY USED.
SO MAYBE WE CAN COME UP WITH SOMETHING TO ACTUALLY PROTECT THE COMMUNITY THAT'S NEAR THERE AND COME UP WITH A PRODUCTIVE USE OF THE LAND.
WHATEVER HAPPENED 50 YEARS AGO, HELL, I WASN'T BORN THEN, BUT, YOU KNOW, NOW'S AN OPPORTUNITY FOR US TO FIX IT.
SO, AND IF ANYBODY CAN DO IT, MR. BALDWIN, I HAVE UTMOST FAITH IN YOU.
AND IF NOT, WELL IN DECEMBER THEN YOU MIGHT JUST GET DENIED.
YEAH, I OBVIOUSLY HAVEN'T BEEN TO ANY OF THE COMMUNITY MEETINGS THAT YOU'VE HAD ON THIS CASE, BUT I, I'M TRYING TO WRAP MY HEAD AROUND THE PSYCHOLOGY OF IT ALL.
AND I UNDERSTAND THAT THE APPLICANT HAS SCALED BACK FROM INITIALLY REQUESTING IR ON THE ENTIRE SITE TO NOW REQUESTING CSS AT, UM, STAFF'S ENCOURAGEMENT.
AND I UNDERSTAND WHY, YOU KNOW, IN A TYPICAL NEGOTIATION THAT AN APPLICANT MAY NOT WANT TO ALSO COME FORTH WITH DEEDED RESTRICTIONS.
BUT THESE AREN'T TYPICAL NEGOTIATIONS THAT GO ON HERE.
WE'VE GOT FOLKS ON ONE SIDE WHO ARE NOT LAND USE EXPERTS LIKE YOU, MR. BALDWIN.
I THINK IT WOULD BE A DO A LOT OF GOOD, YOU KNOW, RATHER THAN TO, YOU KNOW, SIMPLY FLOAT TRIAL BALLOONS ABOUT POTENTIAL DEEDED RESTRICTIONS TO PUT SOME REAL DEEDED RESTRICTIONS ON THE TABLE FOR THESE PEOPLE TO CONSIDER, UM, AT YOUR NEXT COMMUNITY MEETING.
'CAUSE I THINK THAT WILL GO A LOT FURTHER THAN SIMPLY EXPLORING THE IDEA IF YOU HAVE A HARD INITIAL COMMITMENT IN THE NEXT MEETING.
SO I LOOK FORWARD TO SEEING WHAT Y'ALL ARE ABLE TO COME UP WITH, WITH, UM, CONTINUED ENGAGEMENT ON THIS ONE.
ANY OTHER COMMENTS? COMMISSIONERS ON THE MOTION TO HOLD THE MATTER UNDER ADVISEMENT? COMMISSIONER HERBERT, I JUST WANT TO SOAPBOX A SECOND.
UM, I MADE COMMENTS REGARDING ACCESS TO THIS SITE THAT IT WAS ACCESSIBLE IN MORE WAYS THAN ONE, AND MY PEERS IGNORED THAT AND WENT BACK TO MR. BOB.
MR. ROB'S POINT, IT'S HARD FOR ME TO GARNER SUPPORT THIS WAY TO, TO THIS HAS HAPPENED MORE THAN ONCE WHERE I MADE A STATEMENT THAT WAS ON THE GROUND THAT WAS FACTUAL THAT I SAW IN MY OWN EYES AND THE BOARD IGNORED WHAT I SAID AND WENT BACK TO THE PLANNER.
PLEASE CONSIDER THAT AS WE MOVE FORWARD IN OTHER CASES.
WE HAVE A MOTION TO HOLD THE MATTER UNDER ADVISEMENT UNTIL DECEMBER 7TH, UH, KEEPING THE WHOLE PUBLIC HEARING OPEN.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
ANY OPPOSED OR IN OPPOSITION? MOTION CARRIES
[8. 23-2689 An application for the renewal of and an amendment to Specific Use Permit No. 2308 for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned an RR-D-1 Regional Retail District with a D-1 Liquor Control Overlay, on the north side of West Camp Wisdom Road, east of Marvin D. Love Freeway (US 67). ]
CASE NUMBER EIGHT.ITEM NUMBER, ITEM NUMBER EIGHT, UM, Z 2 2 3 180 9 IS AN APPLICATION FOR THE RENEWAL OF AND AN AMENDMENT TO SPECIFIC USE PERMIT NUMBER 23 0 8 FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE GENERAL MERCHANDISER FOOD STORE.
3,500 SQUARE FEET OR LESS ON PROPERTIES ZONE THAN R R D ONE REGIONAL RETAIL DISTRICT WITH A D ONE LIQUOR CONTROL OVERLAY ON THE NORTH SIDE OF THE WEST CAMP WISDOM
[06:15:01]
ROAD, EAST OF MARVIN D LOVE FREEWAY.STAFF RECOMMENDATION IS APPROVAL OF A THREE YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL THREE YEAR PERIODS FOR ADDITIONAL FIVE YEAR PERIOD SUBJECT TO A SITE PLAN AND CONDITIONS.
IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK ON THIS ITEM? COMMISSIONER'S QUESTIONS FOR STAFF? SEEING NONE.
COMMISSIONER HERBERT, DO YOU HAVE MOTIONS? SIR? I MOVE TO KEEP THE, I MOVE TO KEEP THE PUBLIC HEARING OPEN AND HOLD THIS MATTER UNDER ADVISEMENT UNTIL THE NOVEMBER 16TH HEARING.
THANK YOU COMMISSIONER RIVER FOR YOUR MOTION.
VICE CHAIR MOVING FOR YOUR SECOND TO KEEP THE PUBLIC HEARING OPEN.
HOLD THE MATTER UNDER ADVISEMENT TO NOVEMBER 16TH.
UM, CURRENTLY THERE'S A CONVERSATION ABOUT, UH, THIS SITE WITH THE APPLICANT AND, UH, PLANNER TO, UH, COME UP WITH A GOOD NEIGHBOR AGREEMENT.
UM, WE ARE AWARE THAT THERE'S, THERE IS A NEW OWNER ON THE SITE.
UM, A PART OF THE PROBLEM WAS THAT THIS SITE WAS CONNECTED TO A MOTEL.
THAT MOTEL HAS NOW BEEN REMOVED.
UM, THERE'S SOME OTHER ISSUES WITH THREE ON ONE REQUEST THAT WE NEED TO GO THROUGH, UM, AND TALK ABOUT.
BUT A LETTER OF GOOD, UM, GOOD NEIGHBOR AGREEMENT WAS DELIVERED TO US ON YESTERDAY.
UM, SO WE'RE GONNA TAKE SOME TIME TO TALK ABOUT THAT.
UM, SOLIDIFY IT AND MOVE FORWARD.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
[9. 23-2693 An application for a 1) a CR Community Retail District with deed restrictions volunteered by the applicant; and 2) a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store greater than 3,500 square feet on property zoned an NS(A) Neighborhood Service District with a D-1 Liquor Control Overlay, on the west line of South Buckner Boulevard between Clover Haven Street and St. Francis Avenue. ]
GOOD AFTERNOON.IT'S AN APPLICATION FOR ONE, A CR COMMUNITY RETAIL DISTRICT WITH THE RESTRICTIONS VOLUNTEER BY THE APPLICANT.
AND TWO, A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE GENERAL MERCHANDISER FOOD STORE.
GREATER THAN 3,500 SQUARE FEET ON PROPERTY, ZONED AT N S A NEIGHBORHOOD SERVICE DISTRICT WITH A D ONE LIQUOR CONTROL OVERLAY ON THE WEST LINE OF SOUTH BUCKNER BOULEVARD BETWEEN CLOVER HAVEN STREET IN ST.
STAFF RECOMMENDATION IS APPROVAL OF A CR COMMUNITY RETAIL TAIL DISTRICT AND APPROVAL OF A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE GENERAL MERCHANDISER FOOD STORE, GREATER THAN 3,500 SQUARE FEET FOR A FIVE YEAR PERIOD SUBJECT TO A SITE PLANNING CONDITIONS.
GOOD AFTERNOON, MR. CHAIRMAN SANTOS MARTINEZ.
2 4 8 9 CAMINO PLATA LOOP, NORTHEAST RIO RANCHO, NEW MEXICO, 8 7 1 4 4.
UH, I WANNA HAND OUT OUR PROPOSED DEEDED RESTRICTIONS, MR. CHAIRMAN MEMBERS THE COMMISSION.
WE HAD A, UH, TOWN HALL, UH, HEARING OR COORDINATED BY THE COUNCIL MEMBER BACK IN NOVEMBER OF LAST YEAR, DISCUSSING THE DEVELOPMENT OF THIS PROPERTY.
IT WAS DURING THAT TOWN HALL MEETING.
THE, UH, SUBJECT WAS, UH, ARISEN ABOUT DEEDED RESTRICTIONS.
I THINK BUCKNER TERRACE WAS A BIT CONCERNED ABOUT GIVING A BLANK CHECK TO JUST CR TO JUMP FROM NSS TO CR.
SO WE TALKED WITH OUR, UH, WITH THE PROPO, THE POTENTIAL NEW BUYER OF THE PROPERTY.
UH, LEMME SHOW WHAT KINDA MEAT MARKET.
WE WENT BACK TO BUCKNER TERRACE IN FEBRUARY OF THIS YEAR TO DISCUSS THE DEEDED RESTRICTIONS.
UH, THE SITE PLAN, UH, THERE WAS CONVERSATIONS ABOUT THE DUMPSTERS, THE LOADING AREAS.
THE BIGGEST CONCERN FROM BUCKNER TERRACE IS NOT TO PUT THEM ON THE NORTHERN EDGE OF THE PROPERTY WHERE THEY'RE SINGLE FAMILY ACROSS THE ALLEY.
THEY DIDN'T HAVE CONCERNS IF WE'D MOVED THEM AS FAR AS WE COULD FROM THE SINGLE FAMILY.
THAT'S WHY YOU SEE IT ON OUR SITE PLANS.
THEY WANTED AN ADDITIONAL BUFFER, NOT ONLY ON OUR SITE PLAN, BUT YOU NOTICE IT'S IN OUR ORDINANCE, UH, OUR S U P SITE PLAN CONDITIONS THAT WE'RE GONNA DO A TALLER FENCE INSTEAD OF 10 FOOT LANDSCAPE BUFFER.
WE'RE DOING A 20 FOOT LANDSCAPE BUFFER.
AND SO THE APPLICATION THAT WE BRING FORWARD TO YOU FOR CONSIDERATION, UH, WE AGREE WITH STAFF ON THE APPROVAL FOR THE S U P FOR ALCOHOL SALES, THE CONVERSION FROM AN NSS TO A CR.
IT'S JUST WE KNOW THAT IT TOOK A LOT OF TIME TO GET THE BUCKNER TERRACE HOMEOWNERS ASSOCIATION ON BOARD WITH DEEDED RESTRICTIONS.
AND THAT'S WHY WE'D LIKE TO MOVE FORWARD WITH THOSE AS WELL.
THE DEEDED RESTRICTIONS THAT ARE NOTED IN YOUR DOCKET ARE THE SAME THAT YOU'VE SEEN HERE.
THE, THE COMMENT WAS THAT SOME OF THESE ARE ALLOWED BY S U P BUCKNER TERRACE, JUST DIDN'T WANT THE OPTION TO BE EVEN BE CONSIDERED.
THAT'S WHY YOU DON'T SEE LODGING USES.
YOU DON'T SEE, UH, SOME OF THE S U P USES, UH, FOR ALCOHOL SALES AND THINGS OF THAT NATURE.
THEY JUST DIDN'T EVER WANT SEE AN APPLICATION BROUGHT FORWARD FOR THESE TYPES OF BUSINESSES.
IN ADDITION TO COLLEGE DORMITORY PAWN SHOP, UH, THERE ARE SOME NEW USES LISTED PARAPHERNALIA SHOP THAT WEREN'T IN THE CODE PREVIOUSLY.
AND SO THIS IS TO ACCOMMODATE THEIR CONCERNS TO MOVE FORWARD WITH THIS CASE.
STAND FOR ANY QUESTIONS YOU MAY HAVE.
I DO KNOW THAT I SHOULD READ THESE DEEDED RESTRICTIONS WHEN APPROPRIATE.
IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? ANA,
[06:20:01]
I'D LIKE TO RECOGNIZE FORMER COUNCIL MEMBER CALLAHAN.THANK YOU FOR YOUR SERVICE, SIR.
ANY OTHER SPEAKERS ON THIS ITEM BEFORE WE GO TO, WE HAVE TWO REGISTERED SPEAKERS IN OPPOSITION ONLINE.
THEY'RE NOT ONLINE COMMISSIONERS.
QUESTIONS FOR THE APPLICANT? YES, SIR.
UM, YOU ALL ARE BUILDING A GROCERY STORE, AM I CORRECT? YES MA'AM.
A GROCERY STORE WITH, UH, FOUR ADDITIONAL RETAIL PERSONAL SERVICE USES ON THE OUTSIDE AS WELL? YES MA'AM.
AND, UM, SOME OF THE, SOME OF MY FELLOW COMMISSIONERS, UH, WERE INQUIRING ABOUT AN ADDITIONAL, UM, ENTRY.
ARE, ARE YOU ALL DOING SOME TYPE OF AGREEMENT WITH THE GAS STATION NEXT DOOR? SO THE PREVIOUS OWNER OWNED THE GAS STATION AND THIS PROPERTY, THERE'S AN ACCESS EASEMENT CONNECTING THE TWO SO THAT THERE'S ACCESS FROM ST.
FRANCIS WITHOUT HAVING TO GO THROUGH THE GAS STATION.
YOU CAN GO BEHIND IT ON AN ACCESS EASEMENT INTO THE SHOPPING CENTER.
SO THAT'S, THAT'S ON OUR PLAT.
SO THE PROPERTY BEHIND THE GAS STATION IS IT THAT'S BEHIND THE GAS STATION.
SO BEHIND THE GAS STATION THERE'S AN ACCESS EASEMENT CONNECTING ST.
SO THAT, UH, A CUSTOMER CAN GO JUST PAST THE GAS STATION, MAKE A RIGHT AND COME UP INTO ANA'S, UH, PROPERTY.
AND ALSO, UM, IT WAS REQUESTED TO KIND OF, FOR THE NOISE BARREN, UM, BETWEEN THE HOUSES AND, UM, THE GROCERY STORE, YOU ALL WERE GOING TO PUT UP A WALL, SOME TYPE OF, UH, RETAINING WALL OR A FENCE.
SO THE CODE SAYS WE NEED A SIX FOOT FENCE.
WE'RE GONNA DO AN EIGHT FOOT FENCE AND IT HAS TO BE SOLID AND WE'RE GONNA DO A, AN ADDITIONAL 10 FEET OF BUFFER.
WE STILL HAVE TO COMPLY WITH ARTICLE 10 ON THE LANDSCAPING MATERIALS WITHIN THAT BUFFER.
UH, WE'VE ALSO AGREED, UH, THERE'S NO NEED TO PUT ANY LIGHTS IN THAT SECTION OVER THERE BECAUSE OUR PARKING LOT IS, IS GONNA BE FARTHER AWAY FROM RESIDENTIAL AS WELL.
UH, AND WE'RE NOT PUTTING ANY OF OUR LOADING AREAS ON THAT SIDE OF THE PROPERTY EITHER.
SO WE'VE TRIED TO PUT THAT INTO THE DESIGN THAT YOU HAVE BEFORE YOU, THAT WE HAVE TO PRESENT FOR OUR BUILDING PERMITS TO MATCH UP TO EVENTUALLY DEVELOP THE PROPERTY.
SO WE'VE, WE'VE TAKEN ALL THAT INTO THE ORDINANCE AND THE SITE PLAN TO ACCOMMODATE THE NEIGHBOR'S CONCERNS ABOUT THAT PROXIMITY ALONG THE ALLEY WHERE WE'VE GOT SINGLE FAMILY ACROSS THE ALLEY.
UM, ONE MORE QUESTION THAT I DIDN'T WANT TO ASK YOU.
WE KNOW THAT THAT PARTICULAR AREA IS HIGH TRAFFIC, UM, ESPECIALLY AS YOU COMING OVER BLUE 12, UM, AS IT'S, AS IT'S COMING OVER 30 AND THE HIGH TRAFFIC.
HAVE YOU ALL DID ANY TYPE OF TRAFFIC STUDY, UH, TO SEE IF THERE WOULD BE ANY TRAFFIC IMPACT OR CAUSE THAT WOULD CAUSE ANY TYPE OF ACCIDENTS OR ANYTHING TO THAT? SO THAT WAS, WAS DONE AT THE TIME OF OUR APPLICATION AND WE ALSO KNOW THAT WHEN WE SUBMIT FOR PERMIT, THERE MAY BE ADDITIONAL COMMENTS ON THAT.
SO WE ARE AWARE OF IT AT THIS TIME.
THERE'S NOT A WARRANT THAT SAYS WE NEED IT, THAT, WELL, THERE'S NOT A WAY FOR A SIGNAL TO BE INSTALLED 'CAUSE WE'RE THE MID-BLOCK MM-HMM.
FRANCIS I KNOW THAT THAT'S BEEN A CONVERSATION.
BUT YES, WE, WE HAD TO DO, UH, WE HIRED A TRAFFIC ENGINEER AT THE APPLICATION POINT TO GET THIS READY TO SUBMIT.
AND WE'VE ALSO BEEN REMINDED THAT WE MAY BE NEEDING ADDITIONAL INFORMATION WHEN WE ACTUALLY SUBMIT FOR PERMIT.
MR. MARTINEZ, UM, WHY DOES YOUR SITE PLAN, UM, SHOW UNDER THE MEAT MARKET 15,000 SQUARE FEET? F F E QUESTION MARK? SO THE 15,000 SQUARE FEET IS THE FLOOR AREA FOR THE GROCERY STORE ITSELF.
F F E IS FINISHED FLOOR ELEVATION.
WE HAVEN'T DETERMINED THE FINISHED FLOOR ELEVATION YET OF WHEN WE GET TO THE CONSTRUCTION SITE OF OUR FOUNDATION OF WHERE IT WOULD BE ABOVE GRADE.
UM, WE, WE WE'RE HAPPY TO REMOVE IT, UH, FROM THE SITE PLAN IF IT CREATES CONFUSION, BUT I THINK THE MORE IMPORTANT PART IS WHAT'S THE FLOOR AREA THAT'S ALLOWED FOR, UH, FOR US TO HAVE ALCOHOL SALES.
I'LL ASK MR. PEPPY WHEN WE GET TO STAFF QUESTIONS.
ANY OTHER QUESTIONS? COMMISSIONERS FOR MR. MARTINEZ, PLEASE? COMMISSIONER WHEELER.
UM, IN, IN INQUIRING ABOUT WHERE TO PUT A GROCERY STORE, UM, DID YOU ALL DO ANY TYPE OF, DID YOU ALL CHECK TO SEE IF THAT WAS A FOOD DESERT OR WAS THERE A, HOW CLOSE IS THE CLOSEST GROCERY STORE AND PROXIMITY TO THIS? THAT'S A GREAT QUESTION.
WHICH IS NOT A LARGE, NOT A LARGE GROCERY STORE, BUT GROCERY STORE THAT WOULD ACCOMMODATE THESE TWO.
AT OUR, AT OUR MEETINGS WITH BUCKNER TERRACE IT, IN ALL THE MEETINGS WE'VE HAD WITH BUCKNER TERRACE DURING ZONING CASES FOR 20 YEARS, ADDING ANOTHER GROCER TO THE NEIGHBORHOOD HAS ALWAYS BEEN ON THE LIST, HIGH ON THE LIST TO PROVIDE SERVICES FOR THOSE RESIDENTS.
WE DID A, A ZONING CASE FOR A SEVEN 11 AT FORNEY IN BUCKNER.
UM, AND THAT CAME UP WHEN THAT 'CAUSE THAT SEVEN 11, AS YOU KNOW, NOW PROVIDES FRESH FRUIT AND UH, AND, AND
[06:25:01]
FOOD ITEMS THAT THERE JUST WEREN'T ANY OPTIONS.AND SO, PRESENTING THIS CASE TO THE NEIGHBORHOOD, THERE WERE A NUMBER OF MEMBERS FROM BUCKNER TERRACE WHO HAVE BEEN TO THE MIC ON THE NORTH SIDE OF 30 TALKING ABOUT THE PRODUCE, TALKING ABOUT THE, THE ITEMS THAT THEY CAN GET AT THAT STORE THAT THEY CAN'T FIND ANY OTHER PLACES.
AND SO WE BEING ABLE TO PROVIDE A, A NEW GROCERY STORE RIGHT HERE TO HELP BUCKNER TERRACE, WE KNOW HAS BEEN SOMETHING THAT THEY'VE BEEN ASKING FOR 15, 20 YEARS.
AND, UH, WHICH IS ANOTHER REASON WHY LAMIS COUNTY MEAT MARKET WANTS TO MOVE FORWARD WITH THIS APPLICATION TO DEVELOP THE STORE AND BUILD IT.
'CAUSE WE'VE ALREADY HEARD FROM PEOPLE AT OUR MEETINGS WITH BUCKNER TERRACE ASKING, WHEN ARE YOU GONNA OPEN OPEN? 'CAUSE WE REALLY WANT TO BE ABLE TO SHOP CLOSER THAN WHERE WE'RE HAVING TO GO NOW.
ANY OTHER QUESTIONS FOR THE APPLICANT? COMMISSIONERS? QUESTIONS FOR STAFF COMMISSIONER CARPENTER? I, YES, MR. PEPE, IS IT, UM, IMMATERIAL OR IRRELEVANT OR DOES IT NEED TO BE, UM, CORRECTED THAT THIS 15,000 SQUARE FEET F F E QUESTION MARK IS ON THE SITE PLAN? WHICH, WHICH PART OF THAT ARE, ARE YOU, ARE YOU REFERRING TO? WELL, I GUESS, UH, WELL THE QUESTION MARK, I DON'T KNOW IF I'VE EVER SEEN A SITE PLAN WITH A QUESTION MARK ON IT BEFORE.
I THINK SINCE THE QUESTION MARK IS OUTSIDE OF THE PARENTHESES, IT REFERS TO IT, IT MAY BE F F E BUT WE DON'T, WE DON'T REGULATE THINGS BY F F E, UM, FROM A ZONING PERSPECTIVE.
SO I WOULD SEE IT AS IMMATERIAL.
SO IT DOESN'T NEED TO BE REMOVED.
IT, IT JUST IS NOT IN, NOT IN THIS CASE, IT'S NOT GOING TO, UM, INFLUENCE THEIR, THEIR ZONING, UM, REVIEW OR THEIR ZONING APPROVAL.
UM, YEAH, THEY HAVE A 15,000 SQUARE FOOT JUST TO PUT IT ALL OUT THERE.
WE'RE A 15,000 SQUARE FOOT STORE ON THE PLAN.
THE CONDITIONS LIMIT THEM TO 16,000 TO GIVE A LITTLE WIGGLE ROOM FOR, UM, FOR ANY AMOUNT OF, UM, EXTRA BUILDING THAT NEEDS TO BE DONE TO FIND CODE REQUIREMENTS.
BUT OTHERWISE, THAT'S GONNA BE THE LIMITS ON THEM.
JUST, UH, LETTING EVERYBODY KNOW, WATCHING THAT SOMEONE ON THE PLANE COMMISSION WILL ALWAYS READ SOMETHING EVEN AT A FONT OF A FIVE THAT WE'RE GONNA FIND A LITTLE QUESTION MARK AND WE'RE GLAD EVERYONE DOES THEIR HOMEWORK.
UH, ANY OTHER QUESTIONS FOR STAFF COMMISSIONERS BEFORE WE GET TO A MOTION? SEEING NONE, COMMISSIONER ER, DO YOU HAVE MARSHA MOTION AND A COMMITTEE? I MO I, UM, I MOVED IN THE MATTER OF Z 2 23 DASH 2 26.
I MOVED TO CLOSE THIS PUBLIC HEARING AND FOLLOW STAFF RECOMMENDATION OF APPROVAL, UM, UM, AND APPROVAL OF THE S SP S SS S SS U P WITH, UM, OH MY GOD, A FOOD STORE AIN GREATER THAN 35 FEET FOR A FIVE YEAR PERIOD.
SO, CAN I ASK A QUESTION FIRST PLEASE? SO IS THE SS U P ON THE STORE AND ON THE, UH, THE OKAY.
ON THE SALE AROUND, IT'S ONLY THE SALE OF ALCOHOL.
THAT'S BEING REGULATED BY THE S U P FEE STORE IS GOING TO BE A BUYOUT USE.
SO I'M GONNA MOVE TO, I'M GOING TO MOVE TO FOLLOW STAFF RECOMMENDATION OR APPROVAL ON THE, ON THE RETAIL, UM, AND APPROVE THE S U P BUT NOT FOLLOW FOR A FIVE YEAR PERIOD.
UM, I'M GONNA RECOMMEND A TWO YEAR PERIOD AND I CAN GIVE REASON.
AND, UH, I CAN GIVE REASON ALSO ACCEPTING THE, UH, AND ALSO DEED RESTRICTIONS ALSO, UM, WITH DEED RESTRICT AND WITH DEED AS VOLUNTEER BY THE APPLICANT.
UH, AND THE DEEDED RESTRICTIONS, UH, VOLUNTARY BY THE APPLICANT.
THANK YOU COMMISSIONER WHEELER FOR YOUR MOTION.
COMMISSIONER BLAIR FOR YOUR SECOND COMMENTS.
UM, THE REASON IT IS, IS I KNOW THAT BUCK TERRACE IS, IS, IS KIND OF THE NEIGHBORHOOD ASSOCIATION THAT IS, UM, IS IN THE AREA THAT WE KIND OF GO TO.
BUT THIS PARTICULAR AREA IS IN A, IN A, A HIGH CRIME ZONE.
UM, THE, UH, MOST OF THE PEOPLE HERE IS UNDER THE 80% IN THE, UM, POVERTY.
AND I JUST CAN'T SEE ME, I JUST CAN'T SEE US DOING MORE THAN TWO YEARS AT THIS TIME SO THAT WE CAN SEE BECAUSE OF THE ALCOHOL, UM, TO MAKE SURE THAT IT HAS A NE DOESN'T HAVE A NEGATIVE IMPACT.
THE GROCERY STORE, MOST DEFINITELY THE CLOSEST GROCERY STORE TO THIS AREA IS, UM, IN WALKING DISTANCE WOULD BE, UM, WALMART OR SAM'S HAVING THIS GROCERY STORE HUNTER RUN, UM, I DON'T KNOW, SUN CHASE, ALL THOSE APARTMENTS HAVE NEVER, I LIVED THERE AS A TEENAGER.
MY MOTHER HAD TO, WE HAD TO CATCH THE BUS WAY FURTHER THAN THAT.
UM, SO HAVING THIS HERE FOR THE FIRST TIME, AND I'M 47,
[06:30:01]
I WAS 13 WHEN I LIVED THERE, AND WE'VE NEVER HAD A GROCERY STORE THIS CLOSE.SO I, I DEFINITELY CAN SEE THAT IT IS IN AN AREA THAT HAS ALWAYS BEEN A OF FOOD DESERT.
AND I, AND I, EVEN THOUGH THERE'S ONE ACROSS THE BRIDGE THAT'S A WHOLE DIFFERENT SEASON THAN THIS SIDE OF THE BRIDGE.
ANY OTHER COMMENTS? COMMISSIONERS? I, I'LL ALSO BE SUPPORTING THE MOTION.
I WANT TO THANK COMMISSIONER WHEELER ON, ON.
UH, UNFORTUNATELY THIS IS ONE OF THOSE APPLICATIONS THAT GOT CAUGHT UP A LITTLE BIT IN THE WASH OF THE, THE GREAT TURNAROUND THAT THIS DEPARTMENT HAS HAS GONE THROUGH.
SO I APPRECIATE EVERYONE'S PATIENCE.
AND YOU KNOW, MR. MARTINEZ MENTIONED, UH, THE HOMEOWNERS ASSOCIATIONS UP THERE AND IT JUST IN PASSING, BUT WE ALL KNOW THAT BUCKNER TERRACE IS A VERY TOUGH GROUP THAT DOES THEIR DUE DILIGENCE, DOES THEIR HOMEWORK, AND ASK AND ASK AGAIN.
SO I'M, I'M HAPPY TO SEE THIS THROUGH, UH, BECAUSE I, I KNOW THAT THE DUE DILIGENCE HAS BEEN THERE ALL THE WAY AROUND AT ALL LEVELS.
SO I'M VERY HAPPY TO SUPPORT THE MOTION WITH THAT.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
WE DO HAVE A, A QUORUM COMMISSIONERS.
WE'RE BACK ON THE RECORD AND WE'LL KEEP MOVING, MOVING WITH THE, UH, DEVELOPMENT CODE AMENDMENT.
[11. 23-2691 Consideration of amending Chapters 51 and 51A of the Dallas Development Code, with consideration to be given to amending Sections 51-4.204(4) and 51A-4.204(3), “Child-Care Facility;” 51-4.204(6) and 51A-4.204(1), “Adult Day Care Facility;” 51-4.217(b)(10) and 51A-4.217(b)(7.1) “Day home;” 51-4.407 and 51A-4.407, “Maximum lot coverage;” 51-4.408 and 51A-4.408 “Maximum building height;” 51A-13.306, “Uses;” and 51A-13.402, “Required Parking;” and related sections with consideration to be given to appropriate zoning districts and developing appropriate standards associated with adult day care facilities, child-care facilities, and day homes. ]
10 AND GO RIGHT TO NUMBER 11.AND MS. MAY ALMOST GOOD EVENING.
SO, UM, THE NEXT ITEM IS D C A, UH, 2 2 3 0 0 2.
UM, IT'S A DEVELOPMENT CODE AMENDMENT ABOUT ADULT DAYCARE, CHILDCARE FACILITIES, AND DAY HOMES.
UM, SO I'M JUST GOING TO SEE IF I CAN PROGRESS IN THIS SLIDE.
SO I'M GOING TO READ THIS, UM, IN FULL WHEN WE GET TO THE PUBLIC HEARING PART, BUT IT, SINCE IT'S A BRIEFING, I'M JUST GONNA KIND OF SKIP OVER IT.
THERE'S LOTS OF SECTIONS THAT WE'RE INCLUDING.
UM, WE HAVE, UM, UH, REGULATIONS IN 51 51 A, ALSO OUR FORM DISTRICT REGULATIONS.
UM, BUT IT'S ALL SURROUNDING, UM, UH, APPROPRIATE ZONING AND STANDARDS FOR ADULT DAYCARE FACILITIES, CHILDCARE FACILITIES, AND DAY HOMES.
SO IN SUMMARY, THE PROPOSED CODE AMENDMENTS COMBINE THE USES OF ADULT DAYCARE AND CHILDCARE FACILITIES INTO ONE LAND USE.
UM, THEY CONSIDER APPROPRIATE ZONING DISTRICTS PARKING REQUIREMENTS AND ADDITIONAL PROVISIONS.
IT ALSO PROPOSES TO REMOVE THE AGE LIMITATION OF ACCESSORY DAY HOMES AND TO UPDATE SOME TERMINOLOGY.
UM, JUST AN OVERVIEW OF THE PRESENTATION.
UM, THE FIRST SECTION'S, UH, IS GONNA BE A COUPLE OF SLIDES ON THE BACKGROUND.
THEN WE'LL HAVE, UM, UH, PROBABLY THE BIGGEST CHUNK OF THE PRESENTATION, IT'S ABOUT EXISTING REGULATIONS AND SOME OF THE INDICATORS WE WERE LOOKING AT THAT, UM, KIND OF, UH, SAY THINGS SHOULD CHANGE.
UM, AND THEN ALSO I HAVE A, UH, THE LAST SECTION IS GONNA BE ABOUT NON-CONFORMING USE NOTICES AND THE DRAFT FUTURE PLACE TYPE MAP IN FORWARD DALLAS.
AND, UM, I KNEW WE WERE GONNA BE READY TO GO HOME AT THIS POINT, SO I TRIED TO MAKE IT AS SHORT AS I COULD
SO, UM, BUT I STILL HAVE TO CONFESS IT'S NOT ALL THAT SHORT.
SO, UM, IT'S NOT MOVING FORWARD.
SO, UH, JUST A REMINDER OF WHAT THE SCOPE OF THESE AMENDMENTS ARE.
IT'S, UM, ABOUT CHILDCARE FACILITIES.
IT'S ABOUT ADULT DAYCARE FACILITIES AND IT'S ABOUT DAY HOMES.
SO, UH, THE ZONING REGULATIONS, UM, FOR USES THAT ARE TO CARE FOR CHILDREN OR DISABLED PERSONS, UM, OR, UM, MAYBE EVEN OUR ELDERLY THAT MAYBE WANT TO LIVE IN THEIR HOMES A LITTLE LONGER AND JUST NEED SOME DAYTIME CARE.
UM, AND DAY HOMES IS AN ACCESSORY USE.
SO IF SOMEONE LIVES IN A HOME AND THEY WANT TO CARE FOR UP TO 10 CHILDREN, THEY CAN HAVE A DAY HOME BY, RIGHT.
UM, THIS IS, THESE AMENDMENTS DO NOT COVER SCHOOLS.
IT DOESN'T COVER, UM, NURSING HOMES OR INSTITUTIONAL USES OR, UM, PLACES WHERE PEOPLE ARE RESIDING.
[06:35:01]
THAT'S ALSO NOT, YOU KNOW, A NIGHTCLUB IN THE MIDDLE OF A RESIDENTIAL AREA OR A LEAD SMELTER.NONE OF THESE THINGS
I LIKE TO CLICK EVERY TIME IT SEEMS. OKAY.
SO, UM, JUST A BRIEF BACKGROUND.
SO THESE USES WERE LARGELY UNCHANGED FROM OUR ORIGINAL ZONING THAT WAS, UM, ADOPTED IN DALLAS IN 1929.
UM, BUT IT DID ALLOW CHILDCARES BY RIGHT IN THE APARTMENT DISTRICTS WAY BACK THEN, ABOUT A HUNDRED YEARS AGO NOW.
UM, SO WHENEVER WE ADOPTED CHAPTER 51 IN LIKE 1965, THEY DECIDED THAT WE NEEDED SUVS IN MULTIFAMILY ZONING DISTRICTS.
SO, UM, WE'LL, WE'LL GET INTO THAT A LITTLE MORE.
UM, AND THEN IN 1990 WAS THE LAST KIND OF OVERHAUL OF THESE USES.
AND REALLY THE ONLY THING THAT CHANGED IN 1990 WAS TO ADD, UM, THE DAY HOME USE AS AN ACCESSORY USE AND INCREASE THE ATTENDEES FROM FOUR CHILDREN TO 10.
AND, UM, SO IT'S BEEN 32 YEARS BETWEEN THAT CODE AMENDMENT AND WHEN IT WAS INITIATED IN DECEMBER OF LAST YEAR.
SO WE MET THREE TIMES AT Z OAC, UH, IN MAY AND, UM, MAY TWICE.
WE MET TWICE IN MAY, AND ONE IN JULY WE HAD ABOUT NINE AND A HALF HOURS OF DISCUSSION.
SO TRYING TO BOIL ALL THAT DOWN.
UM, AND THEN ON SEPTEMBER 21ST WE MET AT C P C, UH, WE BRIEFED IT, UM, BUT WE HAVE SOME NEW, NEW MEMBERS, SO I DIDN'T REALLY WANNA CUT OUT A WHOLE LOT OF THE, UM, HIGH LEVEL OVERVIEW OF IT.
SO, UM, WE ALL, I ALSO TALKED TO SEVEN DIFFERENT, UH, NONCONFORMING PROPERTY OWNERS, UM, BETWEEN THE 14TH OF SEPTEMBER AND THE 20TH.
AND ON OCTOBER 3RD, UH, WE HAD A CALL, UM, BETWEEN SOME OF THE FOLKS HERE AND, UM, WE TALKED.
BUT UM, THE CASE REPORT, YOU KNOW, IS DUE ON THE 10TH.
SO, UH, WE, I TRIED TO DO MY BEST.
UM, OKAY, SO NOW I'M GOING INTO EXISTING REGULATIONS AND KIND OF INDICATORS FOR CHANGE AND JUST TO GO OVER WHERE ADULT DAYCARE IS ALLOWED.
NOW IT'S ALLOWED BY WRIGHT AND RETAIL CS, WHICH IS COMMERCIAL SERVICE, INDUSTRIAL, CENTRAL AREA, MIXED USE, MULTIPLE COMMERCIAL.
AND BY THE WAY, WE ONLY HAVE ONE URBAN CORRIDOR DISTRICT AND IT'S NOT DEVELOPED.
SO ANYTIME Y'ALL SEE THAT, YOU CAN KIND OF JUST IGNORE IT.
UM, UM, AND THEN A LIMITED USE IS, UH, A REALLY OBSCURE THING THAT'S NOT MUCH, UM, TO TALK ABOUT OTHER THAN IT COULD, IT'S LIMITED TO LIKE 10% OF THE OVERALL FLOOR AREA, AND IT HAS TO BE FOR THE OCCUPANTS OF THE MAIN BUILDING.
SO IT'S ALLOWED BY WRIGHT AS THE LIMITED USE IN MF THREE AND FOUR AND IN OFFICE DISTRICTS, UH, AND THEN BY SS U P AND RESIDENTIAL DISTRICTS, EXCEPT WHEN IT'S A LIMITED USE.
SO FOR ADULT DAYCARES IN DALLAS, WE ONLY HAVE 10 OF THEM AND I PLOTTED OUT WHERE THEY ARE RIGHT NOW, RIGHT THERE.
UM, SO PRIMARILY ALONG REALLY, UM, WELL TRAVELED COMMERCIAL OR CORRIDORS LIKE HIGHWAYS AND LOOP 12 AND THINGS LIKE THAT.
SO I JUST WANTED TO ALSO BRING UP THIS DATA FROM, UH, THE CENSUS BUREAU THAT SAYS THAT IS SHOWING, IF YOU LOOK ON THE 1960 UM, DIAGRAM, IT SHOWS A DEMOGRAPHIC BREAKDOWN OF AGE GROUPS THAT WE HAD IN 1960, UH, PER MILLIONS OF PEOPLE, MALE AND FEMALE.
AND YOU COULD SEE THAT IN 1960 WE REALLY DIDN'T HAVE VERY MANY PEOPLE, UH, IN OUR COUNTRY THAT WERE REALLY OVER THE AGE OF LIKE 75.
THERE WERE A, A REAL SMALL MINORITY IN OUR COUNTRY AT THAT POINT.
UM, BUT NOW AS THEY'RE PREDICTING IN 1960, THERE'S QUITE A SIGNIFICANT AMOUNT OF OUR POPULATION THAT IS, YOU KNOW, ON THE OLDER SIDE OF THINGS.
AND, YOU KNOW, SO THESE PEOPLE HAVE ALSO EXPRESSED A DESIRE THE SOURCE WOULD BE A A R P.
UM, THEY'VE DONE A LOT OF ADVOCACY WORK OF, UH, SENIORS THAT WANT TO AGE IN PLACE.
SO, UM, THE ARGUMENT THERE IS THAT ADULT DAYCARE FACILITIES MIGHT BE MORE NEEDED AS OUR COUNTRY AGES, UM, AS ONE OR MORE PERSONS IN A HOUSEHOLD, YOU KNOW, MIGHT BE ABLE TO REMAIN IN THEIR HOMES, BUT MAYBE THEY NEED SOME DAYTIME ASSISTANCE.
UM, AND ALSO ADULT DAYCARES, UM, CARE FOR, UH, THOSE MEMBERS OF A HOUSEHOLD
[06:40:01]
THAT MIGHT NEED, UH, DAYTIME SUPERVISION THAT ARE 14 YEARS OF AGE OR OLDER BECAUSE MAYBE THEY HAVE SOME CHALLENGES THAT THEY CAN'T TAKE CARE OF THEMSELVES.SO, UM, SO NOW WE'RE SWITCHING TO CHILDCARE.
AND SO RIGHT NOW CHILDCARE IS ALLOWED EVERYWHERE WHEN IT'S OPERATED BY A RELIGIOUS INSTITUTION.
SO FOR EXAMPLE, A CHURCH, IF THEY WERE THE OPERATORS OF A CHILDCARE FACILITY IN THE MIDDLE OF A RESIDENTIAL DISTRICT, THEY CAN OPEN UP A CHILDCARE FACILITY BY RIGHT.
UM, BUT SOMETIMES THAT DOESN'T WORK FOR OTHER PEOPLE OF OTHER RELIGIONS AND IT DOESN'T NECESSARILY WORK FOR EVERYBODY.
UM, IT COULD ALSO HAPPEN IN THE MIDDLE OF, UH, RESIDENTIAL AREAS WHEN A RESIDENCE, UH, WANTS TO HAVE AN IN-HOME CHILDCARE FACILITY IS WHAT WE CALL THE DAY HOME IN DALLAS ZONING, AND THEY CAN HAVE UP TO 10 KIDS.
UM, WHEN IT'S PART OF THE OPERATOR'S RESIDENCE, THE STATE ALLOWS UP TO 12.
SO WE'RE, UH, PROPOSING THAT, THAT BE RAISED TO MATCH THE STATE'S STANDARDS.
IT'S ALSO ALLOWED BY WRIGHT AT A K THROUGH 12 SCHOOL, UM, IF THEY HAVE LIKE A PRESCHOOL PROGRAM WITH THE SCHOOL.
UM, AND THEN IT'S ALSO ALLOWED, UM, OR AS NOT A CHILDCARE WHEN IT'S CONNECTED WITH, UM, SHOPPING CENTERS, BUSINESSES, OR GYMS WHEN IT'S, UM, UH, YOU KNOW, CONNECTED WITH THESE OTHER TYPES OF USES.
AND, UM, I PUT IN PARENTHESES HERE THAT WE PROPOSE TO EXPAND THIS DEFINITION TO ALSO INCLUDE IF PEOPLE ARE VISITING A HOSPITAL OR A MEDICAL CLINIC AND THEY NEED MEDICAL CARE THAT WAS NOT PRESENTED AT Z OAC.
WE JUST WANTED TO MAKE THAT CLEAR THAT THAT'S NEW INFORMATION.
UM, AND ALSO, SO IF IT'S NOT ONE OF THOSE KIND OF EXCLUSIONARY CATEGORIES, THEN IT'S ALLOWED BY WRIGHT RETAIL, CSS INDUSTRIAL, WHICH WE'LL GET INTO A LITTLE MORE IN A MINUTE.
UM, OKAY, SO RETAIL, SO IMAGINE THIS PARKING LOT, UM, IN OUR CSS AND INDUSTRIAL AREAS, CENTRAL AREAS, SO DOWNTOWN AND MIXED USE AREAS.
UM, AGAIN, THERE'S NOT THAT MANY MULTIPLE COMMERCIAL AND THERE'S ONLY ONE URBAN CORRIDOR DISTRICT.
UM, AND THEN IT'S ALLOWED BY WRIGHT AS A LIMITED USE, JUST LIKE OUR ADULT DAYCARE FACILITIES IN THE MF THREE AND FOREIGN OFFICE DISTRICTS.
UM, SO OTHERWISE THEY'LL HAVE TO COME THROUGH HERE TO GET AN S U P TO OPEN UP IN ANY OTHER RESIDENTIAL DISTRICTS CURRENTLY.
SO WE DID AN ANALYSIS OF ALL THE, UM, UH, H H SS LICENSE CENTERS IN THE CITY AND WE FOUND THAT THERE'S 281 OF THEM.
UM, ABOUT A THIRD OF THEM ARE IN PDS.
ABOUT A THIRD OF THEM ARE IN SINGLE FAMILY.
SO PROBABLY, UM, A LOT OF THE, THAT 32% HAVE, THEY'RE PROBABLY IN CHURCHES.
UH, THEY COULD ALSO BE PART OF SCHOOLS WHICH MIGHT ALSO ACCOUNT FOR THOSE PDS, UM, IN CASE IT'S IN A PRIVATE SCHOOL OR SOMETHING, OR D I S D.
UM, AND THEN, UH, THERE'S PROBABLY A PORTION THAT HAS CURRENT SUVS.
SO, UM, ALSO I WANTED TO POINT OUT THAT ONLY 2% WERE FOUND IN MULTIFAMILY ZONING DISTRICTS.
SO, UM, AND I THINK MY NEXT SLIDE, IT TALKS ABOUT THAT A LITTLE MORE.
ALSO WANTED TO SHOW YOU THAT THE CSS AND INDUSTRIAL IS UH, THE SLICE THAT'S IN RED, THAT'S THE ONE THAT WE'RE PROPOSING MAYBE SHOULDN'T BE THE MOST APPROPRIATE ZONING DISTRICT FOR, FOR THESE, UM, FACILITIES.
AND BY THE WAY, I, IF I EVER JUST SAY DAYCARES, THAT'S WHAT I MEAN.
IT'S JUST A MOUTHFUL TO SAY IT ALL AT ONCE.
SO SOME OF THE INDICATORS THAT TELL US THAT WE PROBABLY NEED MORE CHILDCARE FACILITIES IS, UM, THE CENSUS BUREAU IN 2022 PUBLISHED SOME DATA THAT SAID THAT WE HAD ABOUT 93,000 KIDS IN DALLAS UNDER THE AGE OF FIVE.
UM, AND ACCORDING TO H H S, UM, THEIR CAPACITY FOR ALL OF OUR CHILDCARE FACILITIES, ASSUMING THEY'RE FULLY STAFFED AND HAVE ALL THE ELEMENTS TO HAVE ALL THOSE SPOT SLOTS FILLED, IT ONLY COVERS ABOUT 37% OF OUR CHILDREN IN DALLAS.
SO, UM, AND THIS ALSO INCLUDES IN-HOME DAYCARE FACILITIES, SO THAT'S ASSUMING THEY ALL HAVE, THAT'S PROBABLY 12
[06:45:01]
KIND OF A GENEROUS ESTIMATE AND THIS KIND OF TRACKS WHENEVER WE LOOK AT SOME OTHER DATA SOURCES.UM, STEVEN, THE, THE SENIOR PLANNER THAT HAD THIS CASE, UM, PREVIOUSLY FOUND THIS MAP ON CHILDCARE DESERTS.ORG AND OH, IT'S NOT OKAY.
AND, UM, SO JUST KIND OF TO SHOW YOU PER CENSUS BLOCK IN DALLAS, WHERE THE CHILDREN ARE AND WHERE THE SLOTS ARE, UM, THEY'RE KIND OF FAR AWAY FROM EACH OTHER, UM, TO KIND OF SHOW YOU THAT, UH, THE AREAS WHERE WE MIGHT NEED MORE CHILDCARE AND WE DON'T HAVE IT.
SO THE BLUE SHOWS WHERE THERE'S CAPACITY AND THERE'S ADEQUATE, UM, SLOTS AND THE ORANGE SHOWS WHERE IT'S SCARCE.
SO, UM, I'M KIND OF TRYING TO TAKE THIS INTO TWO CHUNKS TO KIND OF MAKE YOUR LIVES EASIER ON HOW TO LOOK AT ALL THESE DIFFERENT RECOMMENDATIONS FROM STAFF AND ZAC.
AND THE GOOD NEWS IS THAT WE AGREED ON SEVEN ITEMS, SO THAT'S REALLY GOOD
UM, AND I, I JUST KIND OF WANTED TO TAKE A CHUNK OUT HERE AT THE BEGINNING.
UM, TO KIND OF GO OVER THIS FIRST, THE NUMBER ONE, IT'S ALSO BEEN THE CASE REPORT KIND OF OUTLINED LIKE THIS SIMILARLY, BUT UMAC X OACS RECOMMENDATION WAS TO REMOVE THE S U P REQUIREMENT FOR NEWLY COMBINED FOR THE NEWLY COMBINED MAIN USE ONLY IN MULTIFAMILY DISTRICTS.
SO, UM, RIGHT NOW IT REQUIRES AN S U P IN ALL RESIDENTIAL DISTRICTS, ESSENTIALLY.
AND SO THEY, UM, THEY VOTED TO, UM, NOT REQUIRE AN SS U P IN MULTI-FAMILY DISTRICTS.
STAFF'S OPINION WAS, UM, THE S U P SHOULD BE REMOVED IN ALL THE RESIDENTIAL DISTRICTS.
AND, UM, I THINK I HAVE SOME MORE SLIDES, BUT SINCE I'M ON THAT TRACK, I WANTED TO SAY, UM, AND THE REASON WHY STAFF KIND OF LANDED HERE IN A NUTSHELL IS THAT, UM, IT'S PRETTY APPARENT THAT WE NEED A LOT MORE CHILDCARE FACILITY IN THIS CITY.
THIS ISN'T FOR TOURISM OR ANYTHING LIKE THAT.
UM, AND IT'S FOR OUR CHILDREN.
IT'S FOR, YOU KNOW, THIS COMING WAVE OF, YOU KNOW, AGING ADULTS THAT ARE COMING IN OUR CITY THAT PROBABLY NEEDS SOME MORE ASSISTANCE.
YOU KNOW, WE PROBABLY NEED TO DO SOME MORE CODE AMENDMENTS ON ASSISTED LIVING AND THINGS LIKE THAT IN THE NEAR FUTURE TOO.
BUT WHILE WE'RE HERE, UM, IT'S A GOOD TIME TO THINK ABOUT OUR FUTURE.
UM, ALSO, UM, THESE, YOU KNOW, THESE FACILITIES ARE REALLY HEAVILY REGULATED BY THE STATE.
THEY HAVE LIKE, REALLY REGULAR INSPECTIONS.
UM, JUST TALKING, JUST TALKING FROM A PERSPECTIVE OF SOMEONE THAT'S HAD TO LOOK FOR CHILDCARE, LIKE, UM, YOU, IT'S EXPENSIVE.
AND SINCE IT'S SO EXPENSIVE, YOU WANT TO FIND A GOOD FIT.
AND SO I DON'T THINK IT'S GONNA BE'S DEPLORABLE CONDITIONS OR THINGS LIKE THAT.
I, I THINK THERE IS A LOT OF, UM, LIKELIHOOD THAT, UM, THE PEOPLE PAYING SO MUCH MONEY TO TAKE THEIR CHILDREN TO CHILDCARE FACILITIES WILL HAVE AN IMPACT ON WANTING TO HAVE GOOD RELATIONSHIPS, UM, WITH THE, THE COMMUNITIES THAT THEY'RE IN AND, UM, THE FACILITY.
UM, BUT, UH, TO, AND ALSO TO GO INTO THIS A LITTLE MORE, UH, FULLY ON THE MULTIFAMILY VERSUS RESIDENTIAL, I WANTED TO SHOW THIS MAP, UM, OF DALLAS.
AND THIS JUST SHOWS, UM, ALL OF OUR BASE WELL SELECTED BASE ZONING DISTRICTS, RIGHT? SO THE LEGEND ON THE LEFT, IT SHOWS, UM, IN PURPLE.
TWO DIFFERENT SHADES OF PURPLE ARE LI LIGHT INDUSTRIAL, AND THEN OUR COMMERCIAL SERVICE AND, AND ALL THE OTHER ZONING DISTRICTS THAT ARE INDUSTRIAL.
SO AS YOU CAN SEE, THERE ARE A LOT, THERE IS A LOT OF LAND IN DALLAS THAT'S ZONED INDUSTRIAL.
AND, UM, I, I THINK THAT WE WILL PROBABLY DISCOVER WHEN WE, UM, GET TO A MORE ADVANCED STATE OF FORWARD DALLAS THAT MAYBE THAT'S NOT THE RIGHT ZONING FOR A LOT OF OUR CITY
IT'S NOT, IT'S NOT DEVELOPED LIKE INDUSTRIAL.
UM, AND MAYBE WE DON'T NEED AS MUCH INDUSTRIAL LAND AS WE CURRENTLY HAVE.
UM, AND THEN I ALSO WANTED TO SHOW, SO THE YELLOW IS ALL OF OUR RESIDENTIAL DISTRICTS EXCEPT FOR MULTI-FAMILY.
THE ORANGE IS THE MULTI-FAMILY DISTRICTS.
[06:50:01]
IT'S KIND OF HARD TO FIND THOSE ORANGE SPOTS THAT ARE IN HERE.SO JUST ADDING IN MULTIFAMILY IS NOT GONNA MAKE THE BIGGEST IMPACT THAT WE WOULD LIKE TO SEE IN OUR CHILDCARE FACILITIES.
I CAN GO BACK TO THAT FOR QUESTIONS IF YOU NEED TO.
UM, ALSO, WE HAVE A LOT OF STANDARDS IN THE DEVELOPMENT CODE THAT ALREADY ADDRESS COMPATIBILITY BETWEEN NON-RESIDENTIAL USES AND RESIDENTIAL USES.
UM, OR EVEN WHEN THEY'RE NEAR THEM, UM, SUCH AS THE FRONT YARD, UM, HAS TO BE CONSISTENT AND PARKING IS NOT ALLOWED IN THE FRONT YARD SET BACK IN RESIDENTIAL DISTRICTS.
UM, WE, OF COURSE WE HAVE A LOT OF NON-CONFORMING INSTANCES WHERE THAT IS THE CASE.
'CAUSE THAT WAS IN 1965 REGULATION.
UM, ALSO, YOU CAN'T HAVE REMOTE PARKING IN RESIDENTIAL DISTRICTS.
UM, ALL YOUR PARKING LOADING AND GARBAGE STORAGE AREAS HAVE TO BE SCREENED, AND THAT'S ANYWHERE.
UM, WELL, YOUR PARKING HAS TO BE SCREENED FOR NON-RESIDENTIAL USES IN RESIDENTIAL DISTRICTS.
UM, WE ALSO HAVE PARKING LOT LIGHTING STANDARDS, LANDSCAPE BUFFERS AND, UM, SIGN REGULATIONS THAT TRY TO MAKE SURE THAT WHEN WE DO HAVE NON-RESIDENTIAL USES IN RESIDENTIAL DISTRICTS, IT'S NOT AS INTRUSIVE AS IT MIGHT BE, UM, OTHERWISE.
SO FOR THE NUMBER TWO PART, TRYING TO MOVE QUICKLY HERE.
UM, THE OTHER, THE OTHER THING IS, UM, SO DEPENDING ON WHERE WE FALL ON THAT, NUMBER ONE, UM, I WANTED TO POINT OUT THAT, UM, THE RECOMMENDATION OF ZAC TO REQUIRE CHILD AND ADULT DAYCARES TO BE RESTRICTED TO THE SAME LOT COVERAGE AND HEIGHT THAT RESIDENTIAL USES ARE, UM, REQUIRED TO BE IN THE AGRICULTURAL SINGLE FAMILY AND MANUFACTURED HOME DISTRICTS IS, UM, MAKES IT MORE DIFFICULT FOR THESE USES.
UM, BECAUSE IF YOU HAVE AN S U P AND YOU HAVE THOSE ADDITIONAL RESTRICTIONS, YOU, THE SS U P CAN'T ALLOW A VARIANCE TO THOSE RESTRICTIONS.
AND I'LL, I'LL TRY TO EXPLAIN THIS BETTER IN THE NEXT FEW SLIDES.
UM, SO WHAT STAFF IS RECOMMENDING THAT IF WE GO WITH, UM, XX RECOMMENDATION TO ONLY REMOVE THE S U P IN MULTIFAMILY, WE, WE WOULD PREFER THAT THE LOT COVERAGE AND HEIGHT, UH, NOT SEE ANY CHANGES.
BECAUSE IF AN S U P IS REQUIRED OF THESE USES, THEN, UM, IT'S REALLY DIFFICULT FOR THEM TO ALSO GO TO THE BOARD OF ADJUSTMENT IF THEY NEED RELIEF.
BUT THE S U P COULD SCALE THINGS DOWN BECAUSE SUVS CAN FURTHER RESTRICT TO A SITE PLAN HEIGHT, ALL THESE, ALL THESE THINGS.
UM, BUT IF YOU VOTE TO REMOVE THE S U P REQUIREMENT IN ALL THE RESIDENTIAL DISTRICTS AS STAFF IS, UM, RECOMMENDING, THEN WE DON'T HAVE ANY OBJECTION TO SCALING DOWN THOSE LOT COVERAGE AND HEIGHT REGULATIONS BECAUSE IF THEY NEED RELIEF, THEN THEY CAN GO TO THE BOARD OF ADJUSTMENT AND THERE WOULD BE A PUBLIC HEARING PROCESS AT THAT POINT.
UM, BUT WE'RE, WE ARE CONCERNED ABOUT THE ADDITIONAL REGULATIONS OF SS U P AND, UM, LESS YARD LAND SPACE REGULATIONS.
SO, SORRY, THAT'S KIND OF COMPLICATED.
SO HERE IS WHAT THE CODE SAYS ABOUT THE CURRENT, UH, EXCEPTIONS FOR LOT COVERAGE AND HEIGHT, WHICH WE READ LAST TIME, BUT, UM, IN, IN A TABLE FORM, I ALSO PUT IT HERE.
AND, UM, SO RESIDENTIAL STRUCTURES AND NON-RESIDENTIAL STRUCTURES HAVE SEPARATE MAXIMUM LOT COVERAGE IN THESE RESIDENTIAL DISTRICTS AS SHOWN ON THE SCREEN.
AND, UM, AS YOU COULD SEE, NON-RESIDENTIAL STRUCTURES ONLY HAVING 25% LOCK COVERAGE IS REALLY RESTRICTIVE.
SO, UM, THAT'S WHY THE CODE CURRENTLY ALLOWS INSTITUTIONAL USES TO GO UP TO 60% LOCK COVERAGE.
AND IT ALSO ALLOWS ANY LEGAL HEIGHT, UM, IN OUR SINGLE FAMILY DISTRICTS.
UM, IN OUR MULTI-FAMILY DISTRICTS, IT'S, WELL, ALL OF THEM HAVE ANY LEGAL HEIGHT AS LONG AS IT'S CONSISTENT WITH RESIDENTIAL PROXIMITY SLOPE.
UM, BUT AS OUR, OUR FAVORITE R P S COMMISSIONER, UM, COMMISSIONER YOUNG WOULD SAY
[06:55:01]
THAT'S WHY THE ASTERISK ON THE R P S HERE IS JUST SHOWN ON THE CH IN MULTIFAMILY ZONING DISTRICTS.SO THIS IS WHAT WE CURRENTLY HAVE, RIGHT? SO THE NEXT LINE IS WHAT, UM, ZOIC HAS RECOMMENDED SO THAT IT WOULD MATCH THE RESIDENTIAL STRUCTURES IN THE SINGLE FAMILY FOR, UM, LOT COVERAGE ALSO IN HEIGHT.
UM, AND WE DON'T REALLY NEED IT TO MATCH RESIDENTIAL STRUCTURES IN MULTIFAMILY BECAUSE RESIDENTIAL'S ALLOWED TO HAVE 60% ALREADY.
UM, SO THAT BOLDED, THESE, THESE BOLDED NUMBERS ON THIS CHART ARE SHOWING, UM, WELL AT LEAST ON THE LOT COVERAGE, UM, IS SHOWING, YOU KNOW, WHAT XX RECOMMENDATION OF IS.
AND AGAIN, WE ARE SUPPORTIVE OF THIS AS LONG AS THEY'RE ALLOWED BY RIGHT? IF IT, IF THEY HAD TO GET A S U P AS WELL, IT MAKES IT EVEN HARDER FOR, FOR THESE USES.
UM, SO ANYWAY, SO MOVING ON, HOPING THAT MAKES SENSE AND IT'S RESPECTFUL OF YOUR TIME.
SO I'M MOVING ON TO THE NON-CONFORMING NOTICES.
SO, UM, IN MAY THE STATE LEGISLATURE PASSED A BILL THAT REQUIRES MUNICIPALITIES TO SEND OUT NOTICES TO EVERY PROPERTY OWNER AND EVERY OCCUPANT OF A USE THAT MAY BECOME NON-CONFORMING PRIOR TO EACH PUBLIC HEARING.
SO THAT WOULD BE THE FIRST ONE AT C P C AND THE FIRST ONE AT COUNCIL.
AND, UM, SO THIS IS KIND OF A COPY OF WHAT GOES OUT.
IT'S KINDA LONG BECAUSE OUR NORMAL, UM, PAGE ON THE RIGHT HAS A LOT OF KIND OF HOW TO GET TO THE MEETING AND KIND OF INSTRUCTIONS ON THAT.
UM, BUT AT THE TOP OF IT, AND THIS IS PART OF THE STATE REQUIREMENT, IS THAT WE HAVE TO SAY THIS IN 14 POINT, AND IT HAS THIS SCARY LANGUAGE THAT SAYS YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE.
AND THAT IS TOTALLY FALSE IN THIS CASE.
UM, MAYBE THERE IS A WORLD WHERE SOMEONE WOULD WANNA AMORTIZE A CHILDCARE, BUT I DON'T THINK THAT'S OUR WORLD, UM,
UM, NON-CONFORMING USES CAN OPERATE INDEFINITELY.
UM, THEY WOULD HAVE TO BECOME CONFORMING IF THEY WERE TO EXPAND THE USE, MEANING IF THEY DID, IN ADDITION, IF THEY VOLUNTARILY DEMOLISHED THE USE AND WANTED TO REBUILD IT, OR IF THEY ABANDONED THE USE FOR SIX MONTHS OR MORE.
AND THERE'S ALSO BOARD OF ADJUSTMENT, OR IN THIS CASE AS GROUP POST, THEY CAN GET AN S U P.
BUT, UM, AS I DID SOME MORE DIGGING ON THESE 18 FACILITIES THAT WE FOUND THAT WERE IN CSS AND INDUSTRIAL ZONING DISTRICTS, UM, IT WAS, UH, SORRY, THIS WAS JUST KINDA ZOOMING IN ON WHAT I JUST SAID.
THEY, I WAS LOOKING AT, UH, THE FUTURE PLACE TYPE MAP THAT IS STILL IN DRAFT FORM, STILL IN CLUB.
UM, A LOT OF THESE AREAS, UM, AND REALLY A LOT OF THE CITY, UM, DOESN'T REALLY MATCH OUR ZONING MAP FOR THE MOST PART.
UM, SO AGAIN, PURPLE IS OUR INDUSTRIAL AREAS.
AND SO AGAIN, PURPLE IS LIKE OUR INDUSTRIAL, UM, PLACE TYPE.
AND REALLY IT'S JUST THIS INDUSTRIAL HUB THAT'S, THAT'S A DARKER PURPLE IS REALLY KIND OF WHERE, UM, IT'S THEORIZED TO MAYBE WE WANT SOME INDUSTRIAL AREAS.
UM, BUT BEFORE I GO INTO THAT, I, I HAVE A ZOOM-IN MAP, UM, OF THESE, IF WE WANNA GET MORE NITTY GRITTY.
UM, SO AGAIN, BACK TO THAT BACKGROUND SLIDE.
UM, WITH, UM, UH, SOME OF OUR SPEAKERS HERE TODAY, WE TALKED ABOUT SOME ALTERNATIVES THAT COULD ALLOW ANNIE'S PLACE TO, UM, NOT BE A NON-CONFORMING USE.
AND SO THIS IS WHAT I, I HAD COME UP WITH, UH, WHICH IS KIND OF HIGHLIGHTED.
SO THE USE DEFINITION HAS, UM, A, LIKE FOUR OR FIVE THINGS THAT ARE EXEMPTED FROM BEING CATEGORIZED AS A, WHAT'S NOW A CHILDCARE FACILITY.
AND IT SAYS THIS USE DOES NOT INCLUDE, UM, AND IT'S IN YOUR DOCKETS ON PAGE 1920, WHICH I'LL LET YOU READ.
BUT BASICALLY, UM, THE IDEA WAS TO ADD IN SOME OF THE THINGS THAT, UM, I WAS UNDERSTANDING FROM OUR CONVERSATION SO THAT THEY
[07:00:01]
COULD BE ALLOWED TO BE CONSIDERED SOME OTHER USE SO THAT IT WOULD NOT BE INDE, UM, CONSIDERED A CHILDCARE FACILITY AND THEREFORE NOT NON-CONFORMING.AND, UM, YOU KNOW, AGAIN, A NON-CONFORMING USE DOESN'T HAVE TO DO ANYTHING.
THEY DON'T HAVE TO COME GET A NEW CO IF THEY DON'T WANT TO.
THEY CAN, OF COURSE, UM, I THINK THEY COULD EVEN APPLY FOR A, UH, RECORD CHANGE AT BUILDING INSPECTION FOR $30 TO CHANGE THE USE AFTER THIS CODE THEORETICALLY IS ADOPTED BY COUNSEL.
AND IT COULD BE A PERSONAL SERVICE USE FOR INSTANCE.
UM, BUT THERE ARE WAYS TO, UM, TO HELP.
BUT, YOU KNOW, I, I TRIED MY BEST, BUT THE PURPOSE HERE, THE HOPE IS LET'S MAKE MORE AREAS THAT CAN ALLOW CHILDCARE FACILITIES AND ADULT DAYCARE FACILITIES.
AND, UM, ALSO I WANTED TO POINT OUT THAT THE CHILDCARE FACILITIES AND ADULT DAYCARE FACILITIES ARE NOT THE PROBLEM.
THEY'RE OBVIOUSLY THE THING THAT WE WANT TO HAVE IN THE CITY.
LIKE WE DON'T WANNA CLOSE THEM, WE WANT MORE.
UM, BUT THE CONCERN ON STAFF SIDE, ON, ON ALLOWING THEM AND SEE US IN INDUSTRIAL ZONING DISTRICTS IS THAT ANY OF THESE USES ON THE SCREEN, UM, YOU KNOW, ESPECIALLY THE ONES WITH A BIG BLACK DOT THAT SAYS THEY'RE ALLOWED BY RIGHT OR THE R WITH A CIRCLE ON IT, WHICH MEANS, UH, THEY HAVE TO HAVE A RESIDENTIAL ADJACENCY REVIEW, UM, COULD GO IN IN THESE DISTRICTS AND THERE'S ABSOLUTELY NOTHING THE CHILDCARE FACILITY CAN DO ABOUT IT.
YOU KNOW, THE MORE HEAVY INDUSTRIAL OR COMMERCIAL OR DISTRIBUTION USES COULD COME IN AND I'M SORRY, THAT'S THE ZONING.
THOSE ARE THEIR PROPERTY RIGHTS.
MAYBE YOU SHOULD MOVE, IS KINDA WHAT THE CITY'S ANSWER MIGHT BE.
SO, UM, SO IT'S NOT THE CHILDCARE THAT'S A PROBLEM, IT'S THE, UM, PART OF ALLOWING THEM TO BE PUT IN THE POSITION OF HAVING A INCOMPATIBLE NEIGHBOR NEXT TO THEM.
AGAIN, THIS MAP, WE GOT A LOT OF INDUSTRIAL ZONING DISTRICT IN DALLAS.
WE COULD PROBABLY USE A LOT LESS INDUSTRIAL ZONING IN DALLAS.
UM, AND ACCORDING TO THE FUTURE PLACE TYPE MAP, IT LOOKS LIKE A LOT OF THESE AREAS ARE NOT DEVELOPED, UM, AS SUCH AS OUR ZONING DISTRICTS HAVE IDENTIFIED THEM TO BE.
UM, AND, AND THIS ONE IN PARTICULAR, UM, ANNIE'S PLACES, IF YOU CAN SEE MY CURSOR, PROBABLY NOT, BUT IT'S THIS STAR AT THE BOTTOM RIGHT THAT'S IN THE BLUE.
AND AGAIN, IT'S A DRAFT, THEY'RE STILL WORKING ON IT.
BUT I JUST WANTED TO POINT OUT THAT EVEN THIS LIGHT PURPLE, WHICH IS FLEX COMMERCIAL, IT'S NOT REALLY SUPPOSED TO HAVE LIKE HEAVY INDUSTRIAL USES IN IT.
UM, IT'S PROBABLY MORE LIKE OFF OFFSHORE WAREHOUSE TYPE USES.
AND, UM, IT'S A LITTLE FURTHER AWAY FROM SOME OF THESE.
IT'S, THIS ONE'S IN THE LIGHT PURPLE COLOR, AND THERE WAS REALLY ONLY TWO FACILITIES THAT WERE IDENTIFIED IN THIS DRAFT MAP.
AGAIN, IT'S A DRAFT, UM, I'M TRYING TO SAY THAT A LOT, UH, IN THIS INDUSTRIAL HUB.
SO OUT OF THE 18 THAT WERE IDENTIFIED, REALLY ONLY, UM, IT, IT LOOKS LIKE 16 OF THEM HAVE A REALLY GREAT CHANCE OF BEING ON THE CONSENT AGENDA FOR A ZONING CHANGE BECAUSE IT'S CONSISTENT WITH THE FUTURE PLACE TYPE MAP.
MOST LIKELY, AS LONG AS IT'S NOT SIGN SIGNIFICANTLY CHANGED, AND EVEN THE TWO THAT ARE IN THE INDUSTRIAL HUB, I THINK THERE WOULD PROBABLY BE SUPPORT FOR AN S U P.
UM, SO ANYWAY, SO THAT'S THE END OF THE BRIEFING.
MS. MAY QUESTIONS, COMMISSIONERS YES.
SO I SAW THAT WE HAD A, UM, A LE A LETTER THAT CAME THROUGH MM-HMM.
UM, AND, AND I HAVE A CONCERN WITH SUVS ON, UM, FOR ONE COMBINING ADULT DAYCARES, UM, WITH, WITH, UH, CHILDCARE.
THAT, THAT FIRST ONE IS, UM, IT, IT SEEMS THAT IT CAN CAUSE ROOM, UM, FOR SOME ILLEGAL BOARDING.
SO IT BEING, UM, WE HAD A THING IN SOUTH DALLAS WHERE WE HAD PEOPLE WANTING, UM, TAKEOUT ONLY RESTAURANTS BACK IN THE DAY, BUT THEY WERE REALLY DOING CONVENIENCE STORES.
[07:05:01]
SO NOW NO ONE CAN HAVE IT.SO IN, IN MY, IN THIS CASE, AND MY CONCERN WAS IS HOW DO WE REGULATE THAT THESE ARE NOT GOING TO BE SOME TYPE OF FACILITIES OR, OR WHERE PEOPLE ARE USING THEM FOR VA HOMES ILLEGALLY WITHOUT USING THIS INSTEAD OF GOING THROUGH THE PROPER CHANNELS.
UM, BECAUSE IT'S ACAUSAL CONCERN WHEN YOU, ESPECIALLY WITH THE ADULT DAYCARE AND HAVING THEM SO CLOSE TO RESIDENCE, WE NEED SOME, BUT HOW DO WE REGULATE THEM MM-HMM.
YEAH, NO, I MEAN I THINK THERE'S TWO ANSWERS FOR THAT.
ONE IS, I MEAN, THAT'S WHY WE HAVE CERTIFICATES OF OCCUPANCY, YOU KNOW, TO MAKE SURE THAT THE PROPER LAND USE IS THERE.
BUT IT SOUNDS LIKE THAT MAY BE PART OF THE ISSUE IS THAT MAYBE IT'S NOT BEING IDENTIFIED CORRECTLY AND THEY'RE GETTING THE WRONG CO FOR SOMETHING.
NO, THEY'RE LIKE, SAY, SAY THEY'RE USING THEM FOR, UM, WHAT DO YOU CALL THESE, THESE TRANSITIONAL TYPE HOMES, UM, FOR ADULT DAY OR INSTEAD OF HAVING THEM FOR ADULT DAYCARES, THEY'RE GETTING THAT CO BECAUSE IT'S HARDER, IT'S EASIER TO GET AN ADULT DAYCARE THAN IT IS TO GET A TRANSITIONAL HOUSE OR A VA HOUSING.
UM, IT'S EASIER TO GET THAT THAN TO GET THE OTHER ONE.
AND THEN, AND THEN IT'S USED BECAUSE PEOPLE IN THE NEIGHBORHOOD WOULD THINK AT FIRST, OR THEY'RE JUST A, A DAYCARE ONE REALLY IS A TRANSITIONAL HOUSE.
SO I WOULD SAY, UM, SO WE DO HAVE THIS DEFINITION OF FACILITY THAT PROVIDES CARE, TRAINING, EDUCATION, CUSTODY TREATMENT OR SUPERVISION FOR PERSONS OF ANY AGE WHO ARE NOT RELATED BY BLOOD, BLAH, BLAH, BLAH.
AND THERE'S ALSO PROVISIONS IN THERE THAT SAYS IT CANNOT BE USED AS A RESIDENCE.
UM, BUT ALSO THE STATE HEAVILY REGULATES THESE USES.
SO
SO THAT, THAT'S, THAT'S WHEN IT'S CONFORMING
SO WITH THE SECOND I HAVE WHAT CAUSE A CONCERN WHEN YOU PUT A CHILD, EVEN THOUGH THEY'RE BOTH VULNERABLE, UM, BUT TO HAVE A CHILDCARE AND ADULT DAYCARE CARE IN THE SAME COMBINED IN IN A ZONING CAUSE FOR CONCERN.
AND THEN SOME OF THIS WITH THE S U P ESPECIALLY HEARING THAT THE, THAT THE ONE THAT'S CONNECTED WITH PARKLAND WILL BE A NONCONFORM USE.
IF I'M SICK AND I, AND, AND I HAVE MY CHILD WITH ME AND I'M SICK ENOUGH WHERE I NEED TO STAY AND MY CHILD CAN GO TO A CHILDCARE FACILITY IN PROXIMITY TO THE HOSPITAL THAT I'M, I'M AT AND POSSIBLY I DON'T HAVE TO PAY OR IT'S A REDUCED PAYMENT.
AND NOW THAT FACILITY BECOMES A NON-CONFORMING USE THAT CAUSES FOR THAT CAUSES, IT'S, IT'S A CAUSE FOR ISSUE.
UM, AND THEN HAVING SO MANY HAVING SUVS, IF MY MOTHER WORKS, IF AMAZON MM-HMM.
HOPEFULLY MY SEVEN YEAR OLD WILL TAKE CARE OF ME
BUT, UM, WHEN IT COMES TO CHILDCARE BEING A A, HAVING, I HAVE A SIBLING THAT WE JUST HAD THIS CONVERSATION, HOW DOES THAT REGULATE? BECAUSE SHE HAD TWO CHILDREN AND SHE COULD DROP OFF AND ANOTHER ONE SHE HAD TO FIND A DAYCARE WITHIN PROXIMITY OF HER JOB.
AND IF THAT WAS A S U P THAT CAUSES, IT CAUSES ISSUES TO, WELL, HOW WOULD I GET THAT WHEN I CAN GO ACROSS DOWN? RIGHT.
AND I, AND I WOULD SAY JUST LIKE, JUST LIKE YOU'RE EXPLAINING LIKE PARENTS OR CAREGIVERS, YOU KNOW, IF YOU'RE JUST IN CASE YOU'RE LOOKING FOR AN AGING PARENT OR SOMETHING, UM, YOU LOOK FOR CONVENIENCE, YOU GOTTA MAKE SURE IT FITS IN YOUR BUDGET AND YOU'RE ALSO LOOKING TO MAKE SURE IT'S IN AN ENVIRONMENT THAT YOU WANT YOUR DEPENDENT OF WHATEVER VARIETY IT IS TO GO TO.
AND SO YOU KNOW IT, IF YOUR FRIEND OR YOUR SISTER, YOU SAID IT'S, IT'S THE S U P PROCESS TEST.
WHERE WE ARE BUILDING MORE WAREHOUSES, WE'RE BUILDING FOR WORKING CLASS MM-HMM.
WAREHOUSE PAYS A GREAT AMOUNT OF, ESPECIALLY, IT PAYS A QUITE A BIT AND IT'S ALSO VERY TIRING.
SO I DON'T WANNA DRIVE ACROSS TOWN TO PICK MY KIDS IF I GET OFF AT, IF I GET OFF AT FIVE MM-HMM.
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THAT'S IN THE, IN THE, IN THE WAREHOUSE DISTRICT THAT S U P JUST SEEMS A LOT FOR, FOR ME.SO THE, THE REASON WHY STAFF IS RECOMMENDING THAT THEY BE ALLOTTED BY RIGHT.
AND RESIDENTIAL IS THAT, YOU KNOW, THE KIDS ARE THEORETICALLY GOING TO GO TO BED SOMEWHERE IN THE RESIDENTIAL ZONING DISTRICT.
AND SO IF YOU DON'T HAVE TO DRIVE ACROSS TOWN TO GO TO THE RETAIL OR OFFICE DISTRICT WHERE YOUR JOB IS, AND YOU COULD JUST TAKE HIM TO THE FACILITY THAT'S CLOSE TO WHERE YOU LIVE.
NO, IT WOULD BE MORE SUITABLE.
IS IT WOULD BE MORE SUITABLE TO PICK 'EM UP CLOSER TO MY JOB.
WELL, I DON'T, I DON'T LIKE IT WHEN MY KIDS ARE CRYING IN THE BACKSEAT.
'CAUSE I'M DRIVING ACROSS TOWN TO THE WAREHOUSE FOR A MOTHER THAT, THAT MIGHT BE LATE BECAUSE THEY WORK IN A WAREHOUSE DISTRICT.
I'M, I'M, I'M THINKING FROM A PRACTICAL, AND, AND I'M THINKING BECAUSE SUV, SOMETIMES THAT'S A LOT.
JUST BECAUSE IT'S IN A RESIDENTIAL AREA, WE NEED MORE DAYCARES CLOSER TO WHERE PEOPLE WORK OR WHERE THEY LIVE BECAUSE IT'S, IT'S, IT'S, IT'S A DOLLAR A MINUTE AFTER SIX O'CLOCK MM-HMM.
A DOLLAR A MINUTE AFTER SIX O'CLOCK AND C P S AFTER TWO HOURS.
NOW STAFF RECOMMENDATION IS S E P IN THOSE? YES.
DOES THE STAFF HAVE ANY CONCERN ABOUT DAY HOMES THAT OCCUR BY WRIGHT N C S AND IR? YEAH.
'CAUSE I MEAN, IN WEST DALLAS I HAVE PEOPLE WHO LIVE, I MEAN, THEIR HOMES ARE IN INDUSTRIAL AREAS.
AND SO, YOU KNOW, WELL, I I MEAN RESIDENTIAL IS NOT ALLOWED IN CSS IN INDUSTRIAL, BUT IT EXISTS BECAUSE AT ONE TIME, I MEAN, THEY'RE NONCONFORMING USES NOW.
'CAUSE AT ONE TIME THERE WAS INDUSTRIAL ZONING THAT ALLOWED MM-HMM.
AND THEN WHEN THE, YOU KNOW, THE DIFFERENT CHAPTERS GOT ADOPTED, INDUSTRIAL OVERLAYED.
SO I HAVE, YOU KNOW, RESIDENTIAL NEIGHBORHOODS.
I, I THINK, YOU KNOW, WHEN WE'RE LOOKING AT CODE AMENDMENTS AND BEING MORE IDEALISTIC AND MM-HMM.
AND THOSE COMMUNITIES THAT ARE IN INDUSTRIAL ZONING, MAYBE THEY SHOULD BE A RESIDENTIAL ZONING DISTRICTS.
BECAUSE THEY'RE PRIMARILY RESIDENTIAL.
BUT HOPEFULLY WE CAN FIX THAT SOMEDAY.
UH, MS. MAY THANK YOU FOR THE OVERVIEW.
I KNOW IT'S A COMPLEX, IT SEEMS COMPLEX, BUT REALLY THERE IS A, A LOT OF AGREEMENT.
I KNOW IN OUR DISCUSSIONS AT OAC IN THE, UM, APPENDIX SIX ON THE SPECIAL USE PERMITS THAT WE'VE HAD SINCE FEBRUARY OF 2020.
UM, ARE YOU AWARE OF WHAT NUMBER OF THOSE 14 CASES WERE IN RESIDENTIAL DISTRICTS? I, I THINK WE WENT THROUGH SOME OF THEM IN THE BACK AND I WROTE SOME DOWN AND IT, SO WOULD IT SURPRISE YOU IF IT WAS TWO TWO IN THE SINGLE FAMILY? CORRECT.
AND, AND I WILL JUST FOR THE COMMISSIONER'S BENEFIT, UM, I WENT THROUGH, THERE WAS ONE I COULDN'T LOCATE.
THE LAST FEW WE'RE GONNA CLARIFY SOME DATES ON THEM.
THERE WERE TWO CASES IN OUR ZONING.
THERE WERE FOUR CASES IN MULTI-FAMILY.
SIX WERE ASSOCIATED WITH A SCHOOL.
SS U P ONE WAS ASSOCIATED WITH A COMMERCIAL, UH, COMMUNITY SERVICE CENTER.
AND THEN ONE WE COULDN'T LOCATE.
I'M ACTUALLY WILLING TO SPECULATE.
IT MAY HAVE BEEN MY D D TWO CASE ON GARRETT AVENUE, WHICH WAS ALSO IN AN MF TWO ZONING 'CAUSE IT WAS MORE RECENT, GARRETT AT ROSS.
SO YOU'RE PROBABLY QUITE FAMILIAR WITH IT THEN.
SO, AND I JUST WANTED TO GIVE THAT FOR MAYBE SOME CONTEXT OF, OF, OF THOSE RECENT CASES.
UM, SO IS, IS THERE AN INDICATION FROM STAFF, I KNOW ONE OF THE PRIMARY DISCUSSIONS AT OAC WAS UNDERSTANDING DISTRICTS WHERE THEY SHOULD BE ALLOWED, WHAT WE HAVE TODAY PROVIDING ADDITIONAL FLEXIBILITY.
BUT IS, IS THERE ANY INDICATION THAT REMOVING THE S U P IN THE RESIDENTIAL DISTRICTS WOULD LEAD TO MORE APPLICATIONS, WOULD LEAD TO NEW, UM, APPLICATION NEW OPERATORS? YOU KNOW, I, I THINK THAT'S WHAT WE'RE ALL TRYING TO GET TO.
I I THINK THAT OUR RESEARCH SHOWS THAT, YOU KNOW, 32% OF LICENSED FACILITIES IN DALLAS ARE IN SINGLE FAMILY ZONING, STRAIGHT SINGLE FAMILY ZONING, OUR DISTRICTS.
AND SO SINCE ABOUT A THIRD OF THEM ARE ALREADY THERE, I THINK THE DEMAND IS THERE AND THAT IT IS A GOOD FIT.
NOW, NOT A WHOLE LOT OF THEM HAVE AN S U P 'CAUSE I THINK MOST OF THEM PROBABLY OPERATE WITHIN A CHURCH AND IT'S A, IT'S A CHURCH, YOU KNOW, MINISTRY, IF YOU WILL.
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AND, UM, AND SO IT'S NOT THAT THEY'RE TERRIBLE, AWFUL USES THAT DON'T BELONG IN NEIGHBORHOODSAND, AND I THINK THAT THEY DO OPERATE IT, IT'S, IT'S ALMOST LIKE IT'S OPENING THE DOOR SO THAT EITHER, UM, PEOPLE THAT MIGHT HAVE RELIGIOUS OBJECTIONS TO A CERTAIN TYPE OF RELIGION WOULDN'T HAVE TO GO TO ONE THAT'S IN A CHURCH, THAT'S IN A RESIDENTIAL DISTRICT.
MAYBE, UM, A CHURCH COULD SAVE SOME LIABILITY AND NOT SAY, YES, I'M GONNA BE RESPONSIBLE FOR THIS CHILDCARE IN ALL THE SHENANIGANS THAT GO ON THERE.
YOU KNOW? UM, SO I DON'T KNOW, WHEN I LOOK AT THIS PIE CHART THAT 32% ARE ALREADY IN SINGLE FAMILY, I THINK THERE IS A DEMAND FOR IT.
BUT ISN'T THAT ALSO SUPPORTED BY OUR RECENT CASES THAT AGAIN, SIX OF THE 14 WERE ASSOCIATED WITH SCHOOLS? RIGHT.
AND SO THE SCHOOL ALREADY REQUIRES WHETHER IT'S THROUGH A PD OR THROUGH AN S U P.
SO IT'S NOT ADDING AN ADDITIONAL BARRIER BY HAVING THE MAINTAINING AN S U P IN, IN OUR DISTRICT.
BECAUSE IN SCHOOLS THEY'RE NOT REQUIRED TO GET AN S U P.
I KNOW I SAID THAT MAYBE CIRCULARLY.
SO THANK YOU FOR SAYING IT MORE CLEARLY THAN I DID.
COMMISSIONER SCHOCK DID THAT, DID STAFF LOOK AT THIS INSIDE ANY OF THE FORM DISTRICTS CHILDCARE IN THE DEFINITIONS THERE? UM, WE, WE DID.
UM, IT IS INCLUDED IN THE FORM DISTRICTS, UM, BECAUSE THE FORM DISTRICTS REGULATE, YOU KNOW, MORE SO THE FORM THAN THE USE, ALTHOUGH WE DO IT BOTH WAYS IN DALLAS.
UM, IT IS ALSO INCLUDED, I THINK.
UM, SO IF YOU LOOK ON PAGE 29 AND 30, UM, SO IT'S PROPOSED TO BE ALLOWED WITHIN THE, OH BOY, THE APARTMENT DEVELOPMENT TYPE, UH, A TOWNHOUSE STACKED ON THE GROUND STORY, A TOWNHOUSE, A MANOR HOUSE AT A SINGLE FAMILY HOUSE.
IT'S ALREADY ALLOWED IN WHAT, ISN'T IT ALREADY ALLOWED IN THE OTHER DISTRICTS? IN OTHER ONE, ONES THAT AREN'T HIGHLIGHTED ARE, I'LL LOOK AT IT.
AND, AND AGAIN, LIKE WITH THE FORM BASED ZONING DISTRICTS, YOU KNOW, LIKE TWO B AND A SINGLE FAMILY HOUSE DEVELOPMENT TYPE, IT NEEDS TO LOOK LIKE A SINGLE FAMILY
UM, AND TRYING TO PHRASE THIS, RIGHT? SO YOU, YOU, WE, UH, GOING TO THE COMMERCIAL AREAS, UM, AND WE'RE NOT TRYING TO ATTACK THE CHILDCARE FACILITIES, BUT WE WANNA STOP INDUSTRIAL FROM MOVING IN TO WHERE THESE PLACES EXIST.
COULD WE JUST ADD SOMETHING TO THE CSS THAT SAYS YOU CANNOT PUT CSS NEAR CHILDHOOD CARE FACILITIES INSTEAD OF WRITING IN THIS POLICY THAT KIND OF STOPS SOMEONE WHO WANTS TO PUT A CHILDCARE FACILITY IN AN INDUSTRIAL AREA.
SO THE ONLY KIND OF REGULATIONS THAT I SEE THAT ARE LIKE THAT, OR LIKE THE ALCOHOL SPACING REGULATIONS, AND IF A, LIKE A, IF IT'S, IF AN ESTABLISHMENT WANTS TO SELL ALCOHOL, LET'S SAY A RESTAURANT, THEY HAVE TO BE LOCATED 300 FEET, UM, PROPERTY LINE TO PROPERTY LINE TO A CHILDCARE FACILITY.
UM, SO WE DO HAVE SOME ALREADY IN THE ALCOHOL, BUT IT'S NOT REALLY IN ZONING FOR IT TO BE THAT RETROACTIVE, WHOEVER CAME IN FIRST.
NOW YOU HAVE A BUFFER FROM THAT DISTRICT.
I, I THINK THAT IS THE PURPOSE OF HAVING ZONING IS TO SAY, THIS IS OUR DISTRICT WHERE THESE USES SHOULD BE GOING AND WHY THEY SHOULD BE THERE.
UM, I THINK I ALSO EVEN ADDED ALL THE PURPOSE STATEMENTS FOR ALL THESE DISTRICTS.
IT'S, UH, WHERE DID THAT GO? AND I'M NOT FINDING IT, BUT BASICALLY IN ALL THERE IT IS, IT'S ON PAGE 12.
AND SO AT THE END OF ALL THESE DISTRICTS, UM, EXCEPT FOR THE LIGHT INDUSTRIAL, IT SAYS THIS DISTRICT IS NOT INTENDED TO BE LOCATED IN AREAS OF LOW OR MEDIUM DENSITY RESIDENTIAL DEVELOPMENT.
SO THE PURPOSE OF THESE INDUSTRIAL DISTRICTS REALLY IS TO NOT BE NEAR RESIDENTIAL AREAS, IS TO BE SOMEWHERE ELSE SO THAT
[07:20:01]
THEY HAVE SOME SEPARATION BETWEEN IT AND, YOU KNOW, UM, THERE ARE OBVIOUSLY, YOU KNOW, ISSUES WITH NON-CONFORMING INDUSTRIAL USES OR, UM, YOU KNOW, WHEN RESIDENTIAL AND INDUSTRIAL COME NEAR TO EACH OTHER.UM, ONE EXAMPLE I THOUGHT OF RECENTLY WAS, KINDA HATE TO BRING IT UP, BUT, UM, OKAY.
UM, IT'S, SO YOU REMEMBER THE EXPLOSION THAT HAPPENED WEST MM-HMM.
AND IT WAS, UM, SO SMALL TOWN, YOU KNOW, THEY HAD A VOLUNTEER FIRE DEPARTMENT AND EVERYTHING, AND THEY HAD A FERTILIZER PLANT THAT WAS MIXING FERTILIZER.
AND DURING THE DAY, ONE SUMMER, I THINK IT WAS DURING THE SUMMER, IT HAD A BIG EXPLOSION.
AND RIGHT NEXT DOOR WAS A COUPLE OF SCHOOLS, A NURSING HOME, A BUNCH OF RESIDENCES.
AND, UM, I WAS WATCHING A YOUTUBE VIDEO ABOUT IT RECENTLY.
AND LIKE THE FIRST THING, THE, UM, YOU KNOW, THE TRAINING VIDEO FROM THE REGULATING BUREAU OF WHATEVER SAID WAS, AND THEY DIDN'T HAVE ANY ZONING REGULATIONS THAT PREVENTED SCHOOLS FROM BEING LOCATED RIGHT NEXT TO THESE INDUSTRIAL DISTRICTS.
AND SO ANYWAY, I JUST THINK THAT'S PROBABLY SOMETHING WE OUGHT TO WORK ON
IT JUST PUT THINGS IN THE RIGHT PLACE.
IT'S JUST WE'RE ASKING FOR MORE CHILDCARE FACILITIES, BUT WE'RE STILL MAKING HARD FOR CHILDCARE FACILITIES TO BE BUILT IN A WAY.
SO THAT'S, THAT'S WHAT'S BOTHERING ME THERE.
ANY OTHER QUESTIONS BEFORE WE GET TO SECOND ROUND COMMISSIONER HALL? SO WE REALLY DON'T HAVE ANY WAY TO KNOW, UH, HOW MANY PEOPLE WANTED TO PUT A CHILDCARE FACILITY IN RESIDENTIAL BUT DIDN'T BECAUSE THEY DIDN'T WANT TO GO THROUGH THE S U P PROCESS.
I MEAN, IS THAT CORRECT? RIGHT.
I MEAN, WE DON'T, WE DON'T HAVE A WAY TO KNOW, RIGHT? YEAH.
SO WE'RE HAVING THIS DISCUSSION ABOUT PEOPLE WHO ARE IN THEORY, EXPECTED TO CARE FOR CHILDREN OR ELDERLY PEOPLE OR ADULTS WHO NEED SUPERVISION OF SOME SORT, ARE GONNA BE HEAVILY REGULATED BY THE STATE, BUT CAN'T GET AN S U P.
IT'S NOT, THAT'S, THAT CAN'T OR WON'T GET AN S U P.
UM, FROM, FROM MY CONVERSATIONS WITH THE GROUPS THAT ARE TRYING TO HELP ADVOCATE FOR CHILDCARE FACILITIES, THEY, THEY JUST ARE NOT, THEY DON'T MAKE ENOUGH MONEY TO SUSTAIN THEMSELVES.
THEY HAVE TO GO GET A LOT OF GRANT MONEY AND THAT GRANT MONEY HAS TO BE SPENT IN A CERTAIN TIME AND THERE'S A LOT OF DEADLINES AND IT'S REALLY DIFFICULT FOR THEM TO JUST OPEN AT ALL.
AND SO HAVING THAT FOUR TO 12 MONTH, WHATEVER BACKLOG WE HAVE AT THE, AT THE MOMENT IS, IS A LOT OF EXTRA WORK TO PUT ON THESE FACILITIES THAT ARE CARING FOR OUR RESIDENTS.
SECOND ROUND COMMISSIONER WHEELER, I, I UNDERSTAND WHERE COMMISSIONER KINGS IS COMING FROM, BUT BEFORE YOU OPEN UP A DAYCARE, THERE ARE SO MANY BEFORE YOU CAN OPEN UP A DAYCARE, ISN'T IT? UM, THE STATE HAS TO COME IN AND DO A, A LOT OF INSPECTIONS TO GET YOU READY.
AM I CORRECT? SO IT, IT SEEMS LIKE WE'RE DOUBLE WE'RE DOUBLING DOWN ON THEM.
UM, EVEN AT, SO YOU WORKED IN CODE, RIGHT? YOU WEREN'T CODE BEFORE.
SO ISN'T IT THAT EVEN AT JUST THAT REGULAR BUILDING INSPECTION, THEY HAVE TO GO A LITTLE STEP FARTHER, RIGHT? SO TO, WITHOUT THE S U P PROCESS, THEY ALREADY RIGHT, RIGHT.
YOU KNOW, YOU CAN HAVE AN IN-HOME CHILDCARE IN A RESIDENTIAL HOME IN A MIDDLE OF A RESIDENTIAL NEIGHBORHOOD, NO S U P, UM, BUT IF AS AN ACCESSORY USE, BUT IF YOU ARE GOING TO PROVIDE CHILDCARE AS A FACILITY, YOU KNOW, NOT AS A RESIDENCE, YOU HAVE TO GET A CERTIFICATE OF OCCUPANCY.
YOU GOTTA MEET AADA A STANDARDS.
THE STATE HAS MINIMUM CLASSROOM SIZES DEPENDING ON THE AGE AND RATIO REQUIREMENTS.
THERE, THERE ARE, THEY INSPECT.
YOU GOTTA MAKE SURE YOU WASH THE BABY TOYS, THIS MANY, YOU KNOW, WHATEVER, A WHOLE BUNCH OF STANDARDS
SO WHAT ABOUT THE REGULATIONS? DID YOU ALL LOOK AT THE REGULATIONS IN LOS ZONING? UM, ONE OF THE CASE CASES THAT, UH, COMMISSIONER, UM, HAMPTON SPOKE OF, IT WAS GONNA BE MY FIRST ZONING CASE, BUT I BECAME A COMMISSIONER AND I HAD TO RECUSE MYSELF.
[07:25:01]
MM-HMM.I HAD NEVER SAW ANYTHING LIKE IT.
AND A DAYCARE NEXT, UH, NEXT DOOR.
BUT SO DID YOU ALL LOOK AT LO ZONING, WHICH ONLY LIMITS DAYCARE TO EMPLOYEES OF A OFFICE BUILDING, THEN THERE WAS NO OFFICE BUILDINGS IN SIGHT
UM, I, YOU KNOW, YOU BRING UP A GREAT POINT IN THAT, LET ME GO TO THE PAGE.
OH, WE DID, UH, WE DID ADD IT AS BY RIGHT.
SO, BUT THE L O DISTRICTS IS AN OFFICE DISTRICT.
THEY ONLY ALLOW THE EMPLOYEES.
SO IS THAT CHANGING WHAT THEY SAY? YES.
SO IT IS PROPOSED THAT THEY WOULD BE ALLOWED BY RIDE IN OFFICE.
THEY HAVE A DAYCARE IN THE BUILDING OF, BECAUSE THIS PARTICULAR LO AGAIN, WAS ON GARRETT UHHUH AROUND APARTMENTS, NOT AN OFFICE IN SITE.
HOW, AND THEY HAD A LO ONE DISTRICT.
SO EVERYTHING THAT YOU'RE DOING IN THE NEIGHBORHOOD, I'M CO I'M ALL RIGHT WITH, OKAY.
SO WE DON'T WANT 'EM IN THE INDUSTRIAL, WHEN WE'RE LOOKING AT PARKLAND HO CLOSE IN PROXIMITY TO HOSPITALS AND, AND, UM, IN AREAS THAT ARE SERVICE, SERVICE INDUSTRY THAT SS U P MIGHT BE A LOT.
AND, AND, AND WITH THIS NONCONFORMING THAT WHOEVER WROTE FROM PARKLAND MADE A GREAT CASE THAT, THAT, THAT THEY, THEY, THAT WAS A GREAT IDEA TO HAVE THAT IF I'M IN THE HOSPITAL, I CAN TAKE THE KID.
THEY WILL BECOME A NON-CONFORMING YOUTH.
SO, AND DID WE LOOK AT, DID YOU, DID WE LOOK AT WHERE, WHEN IT'S NOT RESIDENTIAL, BUT WHAT ELSE COULD PROMPT NOT SO MUCH A SS U P SUCH AS HOSPITALS, UM, COLLEGES, A MOTHER.
THAT'S JUST YOU, CENTRAL BUSINESS DISTRICT.
SO THERE IS A, A LONG LIST OF EXEMPTIONS ON WHAT A CHILDCARE FACILITY IS ALREADY IN THE CODE.
UM, AND IT DOES INCLUDE, YOU KNOW, LIKE WE SAID PREVIOUSLY, SCHOOLS, UM, COLLEGES, UM, NOT ATTACHED.
IT'S IN THE VICINITY OF THE HOSPITAL, BUT NOT OF RESIDENTIAL.
AND THEY WOULD HAVE TO GET IT, THEY WOULD BECOME NON-CONFORMING.
THIS PASSES TO BECOME NONCONFORMING.
UM, YOUR USE IS NOT ALLOWED ANYMORE.
SO WHAT WE'VE PROPOSED, UM, BETWEEN PAGE 19 AND 20 ADDS AN EXEMPTION FOR, UM, HOSPITALS AND PERSONS RECEIVING OR PROVIDING.
SO EVEN IF THEY'RE WORKING AT INPATIENT OR OUTPATIENT CARE, UM, IT ALSO INCLUDES A WHOLE LIST OF OTHER EXEMPTIONS.
BUT, UM, FOR THE HOSPITAL CASE IN PARTICULAR, IT WOULD JUST, IT'S A SERVICE PROVIDED TO THE PEOPLE RECEIVING CARE, YOU KNOW, INPATIENT OR OUTPATIENT CARE.
BUT THEY CAN'T EXPAND WITHOUT HAVING TO NO, THEY CAN BECAUSE THEY WOULD BE SOME OTHER USE THAN CHILDRE FACILITY.
SO THEY WOULD BE, FOR EXAMPLE, A PERSONAL SERVICE USE, WHICH IS ALLOWED BY RIGHTS.
SO IF THEY WANT, WHEN I SAY EXPAND, ADD ONTO THE BUILDING OR ANYTHING UHHUH, THEY WOULD HAVE TO GET A S U P.
NO, THEY COULD DO IT BY, RIGHT.
SO WHY DO THEY FEEL LIKE THAT THEY'RE GONNA BE NON-CONFORMING? MAYBE I'M, I DON'T KNOW.
I MEAN, THEY, THEY WOULD BE NON-CONFORMING IF THEY WERE STILL CATEGORIZED AS A CHILDCARE, IF I MAY.
THAT IS WHAT I'M, THAT'S WHAT I'M ASKING.
ARE YOU ALL LOOKING AT, IF NOT ON THE CAMPUS OF PARKLAND, RIGHT? IT'S IN THE VICINITY OF PARKLAND.
AND THEY ARE YOU ALL LOOKING AT SAYING, WELL, WE'LL TAKE THAT BECAUSE IT'S IN THE VICINITY AND IT OF HEALTHCARE WORKERS.
BECAUSE IT SAYS, UH, BLAH BLAH, BLAH, BLAH, BLAH.
PA WELL, PARENTS OR PERSONS RESPONSIBLE FOR PERSONS IN NEED OF CARE ARE SHOPPING, ATTENDING RELIGIOUS SERVICES OR ACTIVITIES, RECEIVING OR PROVIDING INPATIENT OR OUTPATIENT CARE, OR ENGAGING IN OTHER ACTIVITIES ON OR NEAR THE PREMISES.
AND IT ALREADY SAYS ON OR NEAR.
SO IT DOESN'T SAY, IT DOESN'T HAVE TO BE A THOUSAND FEET.
IT DOESN'T HAVE TO BE 50 FEET.
IT DOESN'T HAVE TO BE ZERO, YOU KNOW, IT JUST SAYS NEAR.
BUT HOW WOULD THEY BE ABLE TO PROVE THAT? THAT THAT'S WHAT IT, IT'S FOR? THEY WOULD PROVIDE A LAND USE STATEMENT GENERALLY IS HOW THEY PROVE IT TO BUILDING INSPECTION.
DO YOU BELIEVE THAT? IT CAN ALMOST BE WHEN THEY GET TO BE, IF BUILDING SERVICES HAVE TO, UM, INTERPRET THAT, THE INTERPRETATION PROBABLY IS GONNA BE, YOU NEED S U P.
SO I'M TRYING TO MAKE SURE THAT IT, HOW, HOW WILL IT BE? WHAT IT WON'T BE LEFT
[07:30:01]
UP TO BUILDING SERVICES TO INTERPRET THAT.UH, TRAINING AND, YOU KNOW, US GOING
'CAUSE I'M NOT SAYING IN, THAT'S WHAT I'M SAYING.
COMMISSIONER HALL? COMMISSIONER HALL? NOPE.
I WAS JUST GONNA MAKE THE OBSERVATION AS, UM, MS. MAY WAS POINTING OUT IS THAT STAFF AMENDED THE DEFINITION.
UM, AND I DO BELIEVE THE SPEAKERS ARE HEARING AND CAN SPEAK TO THE ADDITIONAL COMMENTS, BUT THE INTENT OF THE REVISED DEFINITION WAS TO ADDRESS THE CONCERNS RAISED, UM, PARTICULARLY IN REGARD TO THE PARKLAND CLINIC.
SO I WAS HOPING TO BRING THAT CLARITY.
COMMERS, ANY OTHER QUESTIONS BEFORE WE GO TO THE HEARING? THIS IS JUST A SIMPLE ONE, PLEASE.
IT IS NEVER SIMPLE, BUT, UM, UT SOUTHWESTERN PARTNERS WITH A DOWNTOWN FACILITY FOR CHILDCARE CURRENTLY, WOULD THAT FIT INTO THE PARAMETERS THAT WE'RE DOING NOW? IT COULD POSSIBLY, IT JUST DEPENDING ON IF THEY MEET THE DEFINITION OF THIS EXEMPTION OR NOT.
THEY COULD JUST BE CALL THEMSELVES A CHILDCARE FACILITY.
SO, BUT IF IT WAS ON IRVIN BOULEVARD, PER SE, WHICH IS FEW BLOCKS FROM HERE NEXT TO FUEL CITY, RIGHT? MM-HMM.
AND WOULD IT BE, WHICH IS CLOSER TO THEIR FACILITY THAN THIS DOWNTOWN FACILITY? I, I WOULD HAVE TO LOOK AT THEIR ZONING TO FIGURE THAT OUT, I THINK.
UNLESS Y'ALL KNOW AND WHAT TO CHIME IN.
ANY OTHER QUESTIONS? COMMISSIONERS? ALRIGHT.
AND WE WILL BEGIN WITH OUR, OUR PUBLIC INPUT.
THANK YOU, MR. CHAIR AND COMMISSIONERS.
23 ROSS REPRESENTING THE DALLAS COUNTY HOSPITAL DISTRICT.
UM, I WANT, WE HAVE A WHOLE TEAM, UH, HERE TODAY, DR.
DELANY JOHNSON WITH PARKLAND, EDNA MURANO, BILL CARUTHERS, UH, NATALIE BOYLE WITH ANNIE'S PLACE IS, I BELIEVE ONLINE.
UM, SINCE WE WERE IN FRONT OF YOU LAST TIME, WE'VE HAD SOME REALLY GOOD DISCUSSIONS WITH STAFF.
I WANT TO THANK, UM, SARAH MAY AND MEGAN WEER BOTH, YOU KNOW, I'VE PUT A LOT OF TIME AND THOUGHT INTO THIS.
UM, I THINK WE'RE ALL WORKING TOWARDS THE SAME GOAL.
IT'S, IT'S MORE A QUESTION OF THE, UH, TECHNICAL ASPECTS OF HOW WE GET THERE.
AND WE DON'T REALLY HAVE AN OPINION ON THE, ALL THE REMAINDER OF THE PROPOSAL.
YOU KNOW, OBVIOUSLY WE HAVE A VERY SPECIFIC CONCERN, WHICH IS WHY WE'RE IN FRONT OF YOU TODAY.
UH, OUR CONCERN IS HOW DO WE WORK THROUGH THIS WITHOUT BECOMING, UM, A LEGAL NON-CONFORMING USE AND HAVING A GAP IN OUR CONFORMING STATUS? RIGHT NOW, WE HAVE A CO AS A CHILDCARE FACILITY.
UM, AND I, YOU KNOW, I'M TOLD BY THE PEOPLE WHO KNOW A LOT MORE ABOUT THIS, AND MS. MAY TOUCHED ON, UH, THIS HERSELF THAT THESE CHILDCARE USES, UH, ARE VERY HEAVILY REGULATED.
AND I'M TOLD THAT ONE OF THE THINGS THE STATE LOOKS AT IS, DO YOU HAVE THE PROPER ZONING TO OPERATE YOUR USE? SO TO ME, IT SEEMS VERY PROBLEMATIC IF THE STATE OF TEXAS ASKED THAT QUESTION.
AND THE ANSWER TO THAT IS, WELL, YOU KNOW, WE'RE NON-CONFORMING, WE'RE LEGAL NON-CONFORMING, BUT WE'RE STILL NON-CONFORMING.
UM, THAT'S USUALLY NOT A GREAT ANSWER IN ANY CONTEXT.
UM, SO THE, THE OPTIONS THAT WE'RE CONFRONTED WITH, AND I KNOW WE, WE DON'T HAVE A LOT OF TIME TO DISCUSS THIS, UM, FROM OUR STANDPOINT, BUT YOU KNOW, THAT WHAT STAFF IS PROPOSING IS I THINK, A VERY WELL INTENTIONED EFFORT TO RESOLVE THAT ISSUE FOR US.
THE THING THERE IS THAT IF WE ARE NOT A CHILDCARE FACILITY BY BEING EXEMPTED, THEN WHAT ARE WE? UM, AND I COULD SEE, YOU KNOW, WE CAN GO ASK FOR A CO FOR A PERSONAL SERVICES USE.
IT REQUIRES REVIEW AND INSPECTIONS.
IT'S NOT AS EASY AS, UM, YOU KNOW, PEOPLE MIGHT ASSUME.
THE OTHER THING IS WE'RE STILL NON-CONFORMING.
UM, IF THE STATE SHOWS UP AND SAYS, YOU KNOW, SHOW US YOUR ZONING STATUS, UH, THE, WE HAVE PROPOSED A METHOD BY WHICH WE WOULD BE EXEMPTED AND TRY, YOU KNOW, IT'S NARROWLY CRAFTED, HOPEFULLY BE EXEMPTED FROM HAVING TO GET AN S U P REQUIREMENT.
YOU KNOW, THE THIRD AND FOURTH OPTIONS WOULD BE TO GO GET AN SS U P OR TO GO GET A ZONING CHANGE.
WELL, WE ALL KNOW WHAT, WHAT THAT ENTAILS.
UM, AND AT THE SAME TIME, WE WOULD STILL BE A NON-CONFORMING USE WHILE THAT PROCESS IS WORKING.
UH, WHEN THIS GOES THROUGH AND GOES THROUGH TO COUNCIL AND THE NOTICE OF THE ORDINANCES PUBLISHED, WHEN THAT HAPPENS, YOU KNOW, UNDER WHAT'S BEING PROPOSED AT THAT MOMENT, WE BECOME A LEGAL NON-CONFORMING USE.
UM, SO THAT'S REALLY OUR ISSUE THERE.
UM, WE WOULD LOVE TO TRY TO FIND A WAY TO,
[07:35:01]
UM, BE ABLE TO KEEP OUR CONFORMING STATUS AND BE ABLE TO KEEP, UM, THE CHILDCARE FACILITY CO YOU KNOW, I KNOW AN OPTION UNDER THE STAFF PROPOSAL.UM, AND ZAC PROPOSAL WOULD BE TO GO TO BUILDING INSPECTION AND SAY, WELL, WE, YOU KNOW, WE THINK WE'RE A PERSONAL SERVICES USE BECAUSE THIS IS NARROWLY TAILORED TO, YOU KNOW, STAFF AND, AND PATIENTS AT PARKLAND.
YOU KNOW, AND THEN THE REVIEWER FOR CO PURPOSES SAYS, WELL, DO YOU HAVE A CHILDCARE LICENSE? WELL, YEAH, WE DO.
UH, SO I MEAN, I, THAT'S PROBLEMATIC, I THINK.
AND COMMISSIONER WHEELER, REAGAN, I THINK YOU RAISED THAT ISSUE AND I THOUGHT THAT WAS VERY ASTUTE.
I MEAN, THAT'S EXACTLY MY CONCERN.
UM, I'M THE SENIOR VICE PRESIDENT OF THE OFFICE OF TALENT MANAGEMENT.
AND I WANT TO ADDRESS TWO SIDES OF THIS SCENARIO.
THE FIRST SIDE IS WE USE ANNIE'S PLACE FOR OUR PATIENTS.
UH, AND WHEN YOU THINK OF HIGH RISK OB, WHEN YOU THINK OF, UH, CHEMOTHERAPY, WHEN YOU THINK OF ALL KINDS OF COMPLEX CASES, OUR PATIENT PO POPULATION, WHEN YOU THINK ABOUT THE SOCIAL DETERMINANTS OF HEALTH, THEY NEED SOMEWHERE FOR THEIR CHILDREN TO GO SO THAT THEY CAN GET THE CARE THAT THEY NEED.
AND I HAD CONVERSATIONS WITH SOME OF OUR EMPLOYEES BEFORE WE LEVERAGED ANDY'S PLACE.
AND, AND AS YOU CAN IMAGINE, IF YOU HAD KIDS AT HOME OR YOU HAD SOMEBODY WATCHING YOUR KIDS, THAT ANXIETY AND THAT FRUSTRATION CARRIED OVER TO OUR EMPLOYEE BASE.
SO WHEN YOU THINK ABOUT WORKPLACE VIOLENCE, WHEN YOU THINK ABOUT HOSTILITY, WE ALREADY DEAL WITH THE UNFOR.
UH, THE UNINSURED ONE OUT OF THREE IN THE DALLAS COMMUNITY DON'T HAVE INSURANCE, SO THEY COME TO US.
SO WHEN YOU THINK OF TOTAL REWARDS, I CAN'T PAY TOP DOLLAR AT PARKLAND, BUT IF I CAN GIVE YOU AN OPPORTUNITY TO HAVE YOUR CHILDREN TAKEN CARE OF, IF I CAN GIVE YOU OTHER REWARDING INCENTIVES, LIKE, UH, JUST MAKING SURE THAT WHEN THE, WHEN WE HAVE INCLEMENT WEATHER, YOU HAVE SOMEWHERE FOR YOUR KIDS TO GO.
SO MY, MY MY WHOLE AGENDA HERE TODAY IS NOT TO TRY TO OVERRIDE OR TO BE OPPOSED, BUT TO JUST LET YOU KNOW THAT THIS IS GONNA BE DETRIMENTAL TO NOT ONLY OUR EMPLOYEE BASE, BUT OUR COMMUNITY AS A WHOLE IF WE ARE NOT ABLE TO, UH, MAKE THIS ACCOMMODATION TO THE DEFINITION.
UH, GOOD EVENING, UH, COMMISSIONER AND, UH, UH, FELLOW, UM, UH, MEMBERS OF THE COMMITTEE.
UH, I WOULD JUST LIKE TO REITERATE, UH, MY NAME IS BILL CARUTHERS, UH, 5,200 HARRY HUNS BOULEVARD, UM, WITH PARKLAND HEALTH.
I'D JUST LIKE TO REITERATE, UM, WHAT JONATHAN AND, UH, DR.
JOHNSON SAID, WE, AGAIN, ARE NOT HERE TO UPSET THE APPLE CART TO BRING THE ISSUE TO LIGHT.
UM, THE, A BIG POINT THOUGH IS WE WOULD LIKE TO TRY TO AVOID GOING THROUGH THE S U P PROCESS.
IT'S TI IT'S TIMELY, IT'S, IT'S EXPENSIVE.
AND ULTIMATELY EVERYBODY, UH, WHO LIVES IN DALLAS COUNTY ULTIMATELY PAYS FOR THAT, UH, TIME AND EXPENSE.
SO I APPRECIATE YOUR, UH, CONSIDERATION AND WE, UH, LOOK FORWARD TO ANSWERING ANY ADDITIONAL QUESTIONS SHOULD YOU HAVE ANY.
ANY OTHER SPEAKER? YES, MA'AM.
I'M THE C E O AND FOUNDER OF ANNIE'S PLACE.
UM, THE ADDRESS IS 2131 BUTLER STREET.
AND AS, UM, OUR ADVOCATES FROM PARKLAND HAVE BEEN TALKING ABOUT, UM, THIS IS A, A PRETTY UNIQUE THING THAT WE DO, UM, WHICH IS PROVIDING THAT CHILDCARE SERVICE ON SITE FOR PATIENTS.
AND ONE OF THE THINGS THAT I JUST WANNA REALLY MAKE CLEAR IS THAT, UM, WE HAVE TO BE A LICENSED CHILDRE CENTER.
AND SO WITH THAT, WE CAN'T CALL OURSELVES SOMETHING ELSE.
AND THE REASON FOR THAT IS ANY KIND OF EXEMPTION.
WE CAN'T KEEP KIDS LONGER THAN FOUR HOURS.
AND WE ORIGINALLY PLANNED TO DO THAT, BUT THEN WE HAD PATIENTS IN CHEMOTHERAPY, AND THAT COULD BE EIGHT OR 10 HOURS.
AND THEN WE STARTED DOING BACKUP CARE FOR STAFF.
AND THAT WE DO FOLKS 12 HOUR SHIFTS SOMETIMES.
AND SO WHAT WE ARE IN THE MIDDLE OF RIGHT NOW IS WANTING TO EXPAND, TO BRING IN THOSE ADDITIONAL INFANT AND TODDLER SEATS, UM, SPECIFICALLY FOR OUR HEALTHCARE STAFF SO WE CAN HELP, UM, WITH THE, YOU KNOW, NURSING SHORTAGE THAT'S GOING ON RIGHT NOW SO WE CAN MAKE SURE THAT THERE'S AFFORDABLE CARE.
JOHNSON MENTIONED, UH, THAT ALL OF THE EMPLOYEES HAVE THAT, THAT ACCESS.
AND WE BELIEVE THAT'S AN IMPORTANT PART OF HEALTHCARE ACCESS.
SO FOR US, AGAIN, IT'S JUST ABOUT WANTING ANNIE'S PLACE TO BE ABLE TO BE THERE TO DO OUR PLANNED EXPANSION, UM, AND TO MAKE SURE THAT WE CAN STILL BE CALLED A LICENSED CHILDCARE CENTER.
[07:40:01]
UM, BECAUSE THE ENTIRE WAY THAT WE ARE FUNDED, UM, WE USE, WILL BE USING TEXAS WORKFORCE COMMISSION SUBSIDIES.WE'LL BE USING ALL OF THE DIFFERENT KINDS OF THINGS THAT ARE AVAILABLE BECAUSE WE ARE IN THE TEXAS RISING STAR SYSTEM.
SO JUST WANTED TO MAKE THAT CLEAR.
UM, REALLY APPRECIATE YOU GUYS AND THANK YOU SO MUCH FOR LETTING ME SPEAK TONIGHT.
UM, I THINK THAT THAT'S OUR LAST SPEAKER ON LINE COMMISSIONERS.
ANY QUESTIONS FOR ANY OF OUR SPEAKERS? COMMISSIONER HAMPTON, PLEASE.
THANK YOU, MR. VINCENT, THANK YOU FOR BEING HERE TODAY.
AND WELL, I SHOULD ACKNOWLEDGE THANK YOU FOR ALL OF THE, UM, TEAM WITH ANNIE'S PLACE FOR BEING HERE TODAY.
UM, YOU HAD SENT US A LETTER AND HAD SOME LANGUAGE THAT HAD, UM, SUGGESTED, UM, ADJUSTING THE DISTRICT'S ALLOWED, UM, THAT WOULD ADDRESS THE S U P CONDITION.
AND SO I THINK YOU, YOU MENTIONED YOU HAVE SOME CONCERNS WITH INCLUDING IT AS A, NOT A CHILDCARE USE.
I THINK WE'VE JUST HEARD FROM, UM, ONE OF OUR OTHER SPEAKERS ON WHY THAT MIGHT BE A CONCERN IF IT WAS DEFINED AS AS A CHILDCARE ADULT CARE USE, NOT V S U P.
DOES THAT ADDRESS WHAT YOU ALL ARE SEEING, UM, AS A CHALLENGE TO YOUR CURRENT OPERATIONS AND PLANNED EXPANSION? THERE WE GO.
I CAN NEVER TELL IN THE LINES ON, I THINK IT DOES ADDRESS OUR CONCERN, UM, BECAUSE AS YOU'VE JUST HEARD FROM PEOPLE THAT KNOW A LOT MORE ABOUT IT THAN I DO, THE LICENSING PROCESS, I THINK WE ARE A CHILDCARE FACILITY.
I THINK THE STATE OF TEXAS CONSIDERS US AND LICENSES US AS A CHILDCARE FACILITY.
SO IF, IF THERE'S A WAY TO, UM, BE ABLE TO CONTINUE THAT STATUS, BOTH FROM A STATE AND A CITY ANALYSIS STANDPOINT WITHOUT HAVING TO GO GET AN SS U P, UM, WITHOUT BECOMING A LEGAL NONCONFORMING USE.
AND I, I THINK THAT ADDRESSES OUR CONCERN.
AND THERE'S NOT A PERFECT WAY TO DO THIS, AS YOU CAN PROBABLY TELL SOME OF IT'S A FACT-BASED ANALYSIS, BUT THAT MAY BE ABOUT THE BEST WE CAN DO.
AND, AND I BELIEVE I, UM, I KNOW MR. PREON WITH THE UT SOUTHWEST WAS ALSO, UH, WITH US AT OUR LAST MEETING.
I BELIEVE YOU'VE BEEN IN TOUCH AND I'VE RECEIVED SOME COMMUNICATION.
AND SO THIS ADDRESS IS REALLY KIND OF THE GLOBAL MEDICAL DISTRICT USES THAT, THAT ARE IN OPERATION TODAY.
IS THAT CORRECT? THAT THAT'S CORRECT.
HE'S WITH THE MEDICAL DISTRICT.
COMMISSIONER COMMISSIONER'S QUESTIONS FOR OUR SPEAKERS.
HOW, HOW MANY, HOW MANY CHILDCARE PROVIDERS DID YOU ALL SPEAK WITH? UM, ACTUALLY I ONLY TALKED TO THE NON-CONFORMING ONES.
LIKE SPECIFICALLY TALKED TO THEM.
WE, WE TALKED TO SOME, UH, ADVOCACY GROUPS AND WE HAVE A DEPARTMENT OF, OH BOY, THEY WERE HERE LAST TIME.
THE DIRECTOR OF THAT DEPARTMENT IS, UH, I HAVE A COUGH.
DID YOU WIC? I HAVE A REAL CAUSE OF CONCERN BEING SINCE I'M STILL REARING A CHILD.
UM, AND I REARED A CHILD WHEN I COULDN'T AFFORD TO AND I HAD TO GET SUBSIDIES.
UM, IT'S A MAJOR CAUSE OF, IF I DIDN'T HAVE A CHILDCARE FACILITY OR SOMEBODY TO HELP ME, I, I, I JUST REALLY THINK THAT WE SHOULD HAVE SPOKE WITH SOME, THE SPECIALTY IN THE FIELD.
HOW HARD IS IT TO GET DAYCARE? WELL, HOW HARD IS IT TO KEEP IT, WHAT ARE THEY GOING THROUGH? IT? IT IS A, BECAUSE WE'RE TALKING ABOUT A WHOLE INDUSTRY THAT PARENTS, YOUNG PARENTS ARE DEPENDENT UPON.
AND IF IT'S NOT IN A RESIDENTIAL AREA, I UNDERSTAND.
I DON'T WANNA HEAR MY SON IN THE BACKSEAT CRYING EITHER.
BUT DO YOU TO HAVE ONE CLOSER TO THE JOB IS, SO IS IT, IT IT, IT CUTS DOWN ON ME HAVING TO RUSH AND ALMOST WRECK OUT TO GET MY KID.
SO IS THERE ANY, WE CAN'T GO BACK AND TALK WITH SOME CHILD AND GET SOME IN THE ROOM? 'CAUSE I, I'M ALMOST, I TALKED TO BEFORE SEEING THIS CASE, I TALKED ABOUT FIVE CHILD PROVIDER HAD, DIDN'T EVEN KNOW WHAT THIS WAS, WHAT WAS GOING ON.
DIDN'T EVEN KNOW THAT TOMORROW THEY MIGHT BE OFF.
I, I GUESS I SHOULD REVISE THAT AND SAY, UM, I, I TOOK OVER THIS CASE, UM, AFTER ZAC, 'CAUSE THE PLANNER, UH, ISN'T HERE ANYMORE.
UM, I THINK HE TALKED TO SOME, I KNOW THAT I TALKED TO SOME THAT I JUST KNEW SOME OF THE CHILDCARE PROVIDERS THAT I KNOW.
IT WAS JUST MORE CASUAL CONVERSATIONS AND THINGS LIKE THAT.
BUT BECAUSE MOST NON, MOST, MOST CHILDCARE FACILITIES ARE NONPROFITS.
BUT THE, THE INTENTION IS TO ADD MORE OPPORTUNITIES
[07:45:01]
RATHER THAN RESTRICT.I KNOW IT LOOKS LIKE BECAUSE WE HAD TO SEND 18 LETTERS OUT, IT LOOKS LIKE WE'RE SHUTTING 'EM ALL DOWN, BUT WE'RE REALLY NOT.
BUT IT'S PROBABLY, IT'S 18 MIGHT BE NONCONFORMING, BUT IT'S, I JUST THINK THAT WE SHOULD 18 OUT 281 I THINK IS WHAT TWO WE HAD THAT SLIDE THAT I HAD, I THINK IT SAID 281 FACILITIES ARE H H S LICENSED FACILITIES.
AND I KNOW THERE'S A COMMENT THAT WE WANT TO STILL BE CONSIDERED A LICENSED FACILITY.
THIS ISN'T CHANGING THAT THIS IS JUST ZONING.
ARE YOU, ARE YOU, ARE YOU AWARE THAT THEY'RE ALREADY GOING THROUGH ISSUES BECAUSE D I S D IS NOW HAVING WHOLE FACILITY SCHOOLS THAT THEY'RE DONATING AND TAKING FROM DAYCARES.
I JUST THINK THAT THIS CONVERSATION HAS TO BE WITH AN INDUSTRY THAT IS ALREADY THIS INDUSTRY, PARKLAND PARK, PARKLAND BEING HERE TODAY.
AND, AND I THINK BUT THEY A COUNTY, THE COUNTY IS RIGHT.
BUT WHAT ABOUT THAT DAYCARE CENTER THAT SURE DOESN'T HAVE THE SAME FUNDING.
THEY DON'T HAVE THE SAME FUNDING.
AND, AND I THINK THE UNIQUE THING ABOUT THIS PARKLAND FACILITY IS IT'S A VERY SPECIAL, UNIQUE SITUATION.
I PUT MY CHILD IN AS AN INFANT AND THEN I TAKE 'EM OUT WHENEVER THEY GO TO KINDERGARTEN.
AND THAT'S WHY I THINK IT IS MORE APPROPRIATE TO PUT THEM IN AS AN EXEMPTION BECAUSE IT'S NOT YOUR TYPICAL CHILDCARE FACILITY SPECIAL CASE.
BUT THEY COULD, IT'S A SPECIAL CASE, HUH? THEY COULD EXPAND AS THEY'RE OH YEAH.
AS THEY'RE EXPANDING AND NOW, AND NURSES, RIGHT.
AND AND EXCLUDING THEM WOULD ALLOW THEM TO EXPAND WITHOUT HAVING TO GO THROUGH REZONING.
COMMISSIONER HOUSE, COMMISSIONER SEABERT, UM, MS. MAY, I BELIEVE ONE OF YOUR EARLY SLIDES IN YOUR PRESENTATION, UH, INDICATED THAT THERE WERE MAYBE SEVEN, UH, UH, CHILDCARE FACILITIES THAT CONTACTED YOU THAT WERE GONNA BECOME NON-CONFORMING.
SO TELL ME ABOUT THE SIX WE HAVEN'T HEARD FROM THIS EVENING.
WHAT, WHAT, WHERE DO WE, WHERE DO WE LEAVE THEM AND, AND WHAT, WHAT SITUATION ARE THEY IN, IS IT THE SAME AS THE PARKLAND CLINIC OR IS IT DIFFERENT? UM, I THINK ALL THE OTHER CLINICS THAT I LOOKED AT OR ALL THE OTHER FACILITIES, THEY, THEY HAD, THEY HAD LESS UNIQUE SITUATIONS.
THEY WERE MORE, YOU KNOW, YOU PUT YOUR CHILD OR YOUR, UM, DEPENDENT, YOU KNOW, EVEN YOUR, UM, ADULT IN THERE FOR, YOU KNOW, A MONTH AT A TIME OR MORE, YOU KNOW, IT WASN'T LIKE A, I HAVE A PROCEDURE, SO I NEED TO COME VISIT THE FACILITY.
UM, AND I, I DO HAVE A LIST OF THOSE THAT ARE, I THINK IT'S ON THE LAST PAGE, UM, OF THE REPORTS.
AND I ALSO, I DON'T KNOW IF Y'ALL WANT TO SEE THE, UH, PLACE, FUTURE PLACE TYPE MAPS, BUT ALL BUT TWO OF THEM ARE LOCATED IN FUTURE PLACE TYPE MAPS, WHICH IS SUPPOSED TO BE OUR INDICATOR OF WHAT IT SHOULD BE ZONED
SO ALL BUT TWO OF 'EM ARE IN AREAS THAT ARE CURRENTLY DEVELOPED AS SOMETHING THAT DOESN'T REALLY FEEL INDUSTRIAL, AND THAT'S NOT WHAT THE COMMUNITY HAD SAID THAT THEY WANT FOR THE FUTURE OF THOSE AREAS.
SO WHAT I MEAN BY ALL THAT IS THAT, YOU KNOW, AFTER, FOR DALLAS GETS ADOPTED EVENTUALLY, I THINK THEY, UM, THOSE 16 FACILITIES, WHICH INCLUDE ADULT AND CHILDCARE FACILITIES, HAVE A REALLY GREAT CHANCE OF BEING ON THE CONSENT DOCKET TO CHANGE THEIR ZONING TO BASICALLY WHATEVER THEY WANT, BECAUSE A LOT OF ZONING DISTRICTS ARE PROPOSED TO ALLOW CHILDCARE FACILITY BY RIGHT.
COMMISSIONER SLEEPER, UM, MR. CHAIRMAN, I DON'T WANNA BE GUILTY OF DRAGGING THIS CONVERSATION OUT ANY LONGER THAN IT'S ALREADY BEEN DRAGGING, BUT, UM, I, I THINK THAT, UH, I'D LIKE TO ASK THAT SARAH AND STAFF REALLY PAY CAREFUL ATTENTION TO THOSE COMMENTS MADE BY, UH, PARKLAND.
UH, THEY'VE GOT ENOUGH ISSUES TO BATTLE AND WE DON'T NEED TO PILE ONE MORE ON THEIR PLATE.
SO I, I HOPE YOU'VE GOT A GOOD SOLUTION TO THIS THAT, UH, CAN RESOLVE THAT ISSUE FOR THEM.
SO, UM, AGAIN, THIS IS A UNIQUE SITUATION.
THIS IS THE FIRST CASE, FIRST CODE AMENDMENT CASE WHERE THE CITY HAS SENT OUT THESE SCARY LETTERS.
THAT'S LIKE, OH, YOU'RE BECOMING A NON-CONFORMING NEWS.
YOU KNOW, IN THE PAST, YOU KNOW, WHEN WE DID THE PHASE ONE OF CONCRETE BATCH PLANTS, WE DIDN'T SEND OUT THESE LETTERS.
[07:50:01]
A LETTER LIKE THAT.UM, SO IT LOOKS REALLY SCARY BECAUSE THAT'S THE QUOTED TEXT THAT THE STATE TOLD US WE HAVE TO WRITE.
BUT THE REALITY IS NON-CONFORMING USES OPERATE ALL OVER THE CITY.
WE ARE DROWNING IN NONCONFORMING USES IN DALLAS.
WE HAVE LOTS OF PROVISIONS TO HELP PROTECT PROPERTY RIGHTS, UM, EVEN AFTER WE CHANGE THE ZONING.
AND SO THERE IS NOTHING THAT WE ARE DOING HERE TODAY THAT'S GOING TO REVOKE THEIR LICENSE IS GOING TO REVOKE THEIR CO THEY ARE STILL AN H H S LICENSED FACILITY BY THE STATE.
ZONING CANNOT AFFECT THEIR LICENSING.
UM, THEY'RE STILL GOING TO BE, YOU KNOW, ALLOW TO CONTINUE TO OPERATE.
AND WE'VE EVEN TRIED TO DO THINGS WHERE THEY DON'T EVEN GET THE NASTY TITLE OF NONCONFORMING USES BY WRITING AN EXEMPTION.
SO I THINK WE'VE DONE EVERYTHING WE POSSIBLY COULD TO BE AS ACCOMMODATING AS WE CAN, AND I HOPE IT WORKS.
ANY OTHER QUESTIONS FOR STAFF COMMISSIONERS? OKAY.
COMMISSIONER HAMPTON, DO YOU HAVE MOTION? I DO.
I HAVE BRIEF COMMENTS IF I HAVE A SECOND IN THE MATTER OF DCA 2 23 DASH 0 0 2, I MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE THE REQUEST PER PERA OR THE AMENDMENTS PER ZAC RECOMMENDATIONS WITH THE FOLLOWING CHANGES UNDER SECTION 51, A 4.204 DEFINITIONS.
ITEM THREE, CHILDCARE AND ADULT CA DAYCARE FACILITY REVISED DEFINITION TO STRIKE, HOSPITAL MEDICAL CLINIC OR AMBULATORY SURGICAL CENTER UNDER DISTRICT'S PERMITTED.
ITEM B, ADD THE FOLLOWING PROVISION, CHILD OR ADULT CARE FACILITY USES ARE PERMITTED IN CSS AND INDUSTRIAL DISTRICTS WITH NO SS U P REQUIRED WHEN OPERATED IN CONGEN IN CONNECTION WITH A HOSPITAL, MEDICAL CLINIC OR AMBULATORY SERVICE CENTER WHERE PERSONS IN NEED OF CARE ARE CARED FOR DURING SHORT PERIODS WHILE PARENTS OR PERSONS RESPONSIBLE FOR THE PERSONS IN CARE, IN NEED OF CARE, RECEIVING OR PROVIDING INPATIENT OR OUTPATIENT CARE.
FINALLY, STRIKE ZAC AMENDMENTS TO SECTIONS 4.407 MAXIMUM LOT COVERAGE IN SECTION 4.408 BUILDING HEIGHT.
THANK YOU COMMISSIONER HAMPTON FOR YOUR MOTION.
COMMISSIONER CARPENTER FOR YOUR SECOND COMMENTS.
WE HAD EQUAL DISCUSSIONS AT ZO OAC PROBABLY MORE SO WE HEARD THIS OVER THREE MEETINGS, ONE OF WHICH I THINK WENT ON FOR FOUR HOURS.
WE UNDERSTAND, AND I THINK WE IN OUR EXPLORATION TRIED TO RECOGNIZE THAT THIS IS AN URGENT NEED IN OUR CITY.
BUT WE ALSO WANTED TO BALANCE THAT WITH MAKING SURE THAT WE, WE ARE PLACING VULNERABLE POPULATIONS ARE ALSO PROTECTED.
UM, THE COMMENTS THAT I JUST READ OR THE REVISIONS THAT I MADE WERE IN RESPONSE TO BOTH DISCUSSIONS HERE, DISCUSSIONS WITH, UM, PARKLAND, DISCUSSIONS WITH UT SOUTHWEST AND REALLY TRYING TO MAKE SURE THAT WE ACCOMMODATED PLACES WHERE WE KNOW THAT WE NEED THIS AND WHERE IT HAS BEEN A SHOWN BENEFIT TO OUR COMMUNITY IN SERVING POPULATIONS THAT ARE IN NEED OF THAT CARE.
UM, THE BASE RECOMMENDATIONS ADDED BOTH OFFICE AND MULTI-FAMILY DISTRICTS BY RIGHT? THAT IS, IS AGAIN, THE GOAL OF THIS IS TO EXPAND THE OPPORTUNITIES FOR THESE WHERE PEOPLE LIVE, WHERE PEOPLE WORK, BUT RECOGNIZING THAT THERE ARE COMPATIBILITY ISSUES IN OUR RESIDENTIAL DISTRICTS.
PART OF THE REASONS WHY I WENT BACK THROUGH THE 14 CASES THAT WE HAD, OVER HALF OF THEM WERE IN SCHOOLS.
THE SCHOOL ALREADY HAS A REVIEW PROCEDURE AND THEY ARE EXEMPTED FROM AN S U P FOR A CHILDCARE FACILITY.
AND SO AS MUCH AS THEY'RE RELATED TO THAT, THAT'S ALREADY ANOTHER LAYER WHERE THOSE LOCATIONS ARE ALREADY ALLOWED BY RIGHT WITHIN OUR CODE.
AND THERE'S NO CHANGE TO THAT PROPOSED IN WHAT WE ARE CONSIDERING HERE TODAY.
UM, WE DID MOVE CS AND INDUSTRIAL INTO AN SS U P.
THOSE ARE MUCH MORE INTENSE DISTRICTS.
IT IS NOT, WHILE PARKLAND AND SOME OF OUR OTHER FACILITIES HAVE IR ZONING, THEY ARE COMPATIBLE.
AS COMMISSIONER CARPENTER REFERENCED, I HAVE MULTIPLE AREAS IN MY DISTRICT THAT ARE ZONED IR THAT HAVE RESIDENTIAL USES ON THE GROUND.
I THINK AS WE LOOK AHEAD TO FORT DALLAS, I'M CERTAINLY OPTIMISTIC THAT WE MOVE THAT CONVERSATION FORWARD WHERE IT'S APPROPRIATE.
UM, BUT GENERALLY THOSE ARE MUCH MORE INTENSE DISTRICTS AND ARE NOT WHERE WE WOULD WANT
[07:55:01]
OUR VULNERABLE POPULATIONS TO BE ON A DAY-TO-DAY BASIS.BUT IF IT'S APPROPRIATE, WE HAVE A PATH FOR THEM TO COME FORWARD AND BRING THAT TO US FOR REVIEW.
I HOPE MY FELLOW COMMISSIONERS WILL, UM, SUPPORT THE MOTION AND I LOOK FORWARD TO MOVING THIS FORWARD TO CITY COUNCIL.
COMMISSIONER HAMPTON AND VICE CHAIR RUBIN? YEAH, MR. CHAIR, I WOULD LIKE TO MOVE TO AMEND THE MOTION TO DO THE FOLLOWING IN SECTION 51 A 4.2043 B, WHICH IS THE DEFINITION SECTION, UM, UNDER THE DISTRICT'S PERMITTED PORTION.
UM, STRIKE THE WORD MULTIFAMILY AND REPLACE IT WITH RESIDENTIAL.
AND THEN STRIKE AA R A D A T H A C H M H A AND CSS, OR SORRY, STRIKE THROUGH M H A LEAVE CSS, UM, IN THAT PROVISION.
AND WE WOULD ALSO, I'D ALSO MOVE TO ADD BACK ZAC RECOMMENDATIONS ON, UM, HEIGHT AND LOT COVERAGE.
AND IF I HAVE A SECOND, I HAVE SOME COMMENTS.
I'LL SECOND THAT COMMENTS MR. RUBEN? SURE.
SO THIS, UH, AMENDMENT, UM, WOULD ALLOW, UM, CHILDCARE AND AND ADULT CARE FACILITIES IN ALL RESIDENTIAL DISTRICTS BY RIGHT, NOT SIMPLY JUST, UM, MULTIFAMILY DISTRICTS.
AND FIRST OFF, LET ME SAY THAT, UM, I WANT TO EXPRESS MY, UH, APPRECIATION TO, UM, COMMISSIONER HAMPTON AND ZAC FOR THEIR VERY HARD WORK ON THIS CODE AMENDMENT.
UH, BUT I THINK WE CAN DO A LITTLE BIT MORE TO HELP FACILITATE DAYCARE ACCESS IN THIS, IN THIS CITY.
UM, AS MS. MAY, UM, SHOWED US IN HER EXCELLENT PRESENTATION THAT THERE IS A TREMENDOUS NEED FOR DAYCARE IN THE CITY OF DALLAS AND DAYCARES AND ARE ALREADY HEAVILY REGULATED BY THE STATE GOVERNMENT.
UM, SO I INITIATED THIS CODE AMENDMENT WITH THE THREE SIGNATURE MEMO TO REMOVE BURDENS TOWARDS DAYCARES OPERATING IN THE CITY.
UM, AND IT'S JUST BECAUSE AN S U P IS SIMPLY ONE MORE EXPENSE THAT PREVENTS, I BELIEVE STANDS IN THE WAY TO ADDITIONAL DAYCARES OPENING.
UM, I ACTUALLY SPOKE WITH SOMEONE WHO, UM, CAME THROUGH C P C AND COUNSEL ON AN APPLICATION FOR A DAYCARE, SS G P AND A MULTI-FAMILY DISTRICT.
AND THIS PERSON WAS AFFILIATED WITH A NONPROFIT AND, UH, THEY EXPLAINED TO ME THAT THEY HAD TO HIRE A ZONING CONSULTANT.
AND EVEN THOUGH THEY GOT A PRETTY STEEP DISCOUNT, IT COST THEM $5,000 TO, UM, GET THROUGH THE PROCESS.
AND ADDITIONALLY, IT TOOK THEM MONTHS UPON MONTHS UPON MONTHS IN WHICH THEY COULDN'T OPERATE, UM, THE DAYCARE THAT THEY WANTED TO OPERATE.
UM, YOU KNOW, I DON'T SEE THESE DAYCARES AS BEING INCOMPATIBLE WITH OUR DUPLEX AND SINGLE FAMILY DISTRICTS.
I DON'T THINK ANYONE'S GOING TO KNOCK DOWN A, A RESIDENTIAL BLOCK TO BUILD A GIANT DAYCARE FACILITY.
I THINK THERE ARE EXISTING STRUCTURES WITHIN, UM, ALREADY RESIDENTIALLY ZONED AREAS THAT MIGHT MAKE SENSE AS A DAYCARE MOVING FORWARD.
UM, I ALSO THINK THAT ALLOWING DAYCARES BY WRIGHT IN ALL RESIDENTIAL DISTRICTS IS CONSISTENT WITH A LOT OF OUR LARGER POLICY GOALS, WHICH INCLUDE WALKABLE NEIGHBORHOODS, UM, REDUCING THE AMOUNT OF VEHICLE MILES TRAVELED AND REALLY JUST BUILDING COMPLETE NEIGHBORHOODS ARENT A MONOCULTURAL MONOCULTURE OF, UM, HOUSING, BUT ALSO HAVE SUPPORTING USES NEARBY.
UM, I UNDERSTAND THAT, THAT THERE MAY BE SOME ANGST ABOUT ALLOWING, UM, DAYCARES BY RIGHT IN SINGLE FAMILY AND DUPLEX DISTRICTS, BUT I THINK THAT THE PROBLEMS THAT THE S U P SOLVES FOR HERE, UM, ARE PROBABLY FAR MORE REMOTE AND PALE IN COMPARISON TO THE BENEFITS OF ELIMINATING THE SS U P REQUIREMENT AND FACILITATING MORE DAYCARES OPENING IN OUR COMMUNITY.
UM, FINALLY, I DO THINK THE YARD LOT AND SPACE REGULATIONS THAT ZAC ADOPTED, UM, MAKES SENSE IF THIS DOES, UM, IF WE DO ALLOW DAYCARES BY WRIGHT IN THESE DISTRICTS AS WELL.
SO I HOPE I CAN HAVE SUPPORT FOR THE MOTION.
UH, I'LL JUST FOLLOW REAL QUICKLY.
I, I DID SECOND THE MOTION, UM, OR THE AMENDMENT.
UH, AND I SUPPORT, UH, VICE CHAIR RUBIN'S RATIONALE BEHIND ALLOWING THESE IN ALL THE RESIDENTIAL DISTRICTS.
AND I'LL JUST SAY, YOU KNOW, I'M, I AM ONE OF THOSE PERSONS THAT MY FAMILY HAD THE, YOU KNOW, THE HOW THE CHILDCARE TERROR.
UH, MY WIFE, UH, WAS A, WAS A TEACHER WHEN MY KIDS WERE YOUNG.
AND, UH, YOU KNOW, WE WERE FORTUNATE AND WE LIVED IN A NICE PART OF TOWN AND
[08:00:01]
IT WAS, UH, FRANKLY JUST A TERROR TO FIND A PLACE FOR OUR YOUNG KIDS.UH, IT, UH, CAUSED A LOT OF HAVOC, UM, FOR US PERSONALLY.
UH, EVERY MORNING WAS A CHALLENGE, UH, PICKING THEM UP, WORRYING ABOUT THE FACILITY.
UH, EVENTUALLY WE HAD TO FRANKLY JUST, UH, BRING MY MOTHER-IN-LAW FROM OVERSEAS TO TAKE CARE OF THEM FOR A COUPLE OF YEARS.
UH, SO I SYMPATHIZE, UH, FOR FOLKS THAT, UH, MAYBE HAVE NOT BEEN AS BLESSED AS I HAVE.
UM, ALSO I THINK, YOU KNOW, WE, WE RARELY HAVE AN OPPORTUNITY ON THIS BODY TO MAKE A SOCIETAL CHANGE.
AND I THINK THIS IS ONE OF THOSE OPPORTUNITIES, UH, IN, IN PARTICULAR FOR SINGLE MOTHERS.
UH, I THINK, UH, INVESTING IN AND BETTING ON AND, AND MAKING, UH, INVESTMENTS IN TO MOTHERS IN GENERAL, UH, IS ALWAYS A SAFE BET.
UH, I, I THINK, UH, MOTHERS KNOW WHAT TO DO.
THEY, THEY ALWAYS HAVE THE BEST INTENTIONS FOR THEIR FAMILIES.
UH, AND I THINK THIS KIND OF CHANGE, UH, AND ADJUSTMENT FOR A, A NEED FOR OUR CITY AND FOR CITIZENS, UH, I THINK IT'S APROPOS.
COMMISSIONER KINGSTON, THANK YOU.
I CAN'T SUPPORT, UH, COMMISSIONER RUBIN'S MOTION WHEN IT COMES TO THE, OUR CATEGORIES, PRIMARILY BECAUSE OF THE WAY OUR STATE REGULATES PLATTING.
UM, IF WE HAD MORE CONTROL OVER THE ABILITY TO SAY NO TO PLATTING, AND IF THIS BODY EXERCISED MORE CONTROL OVER HOW WE SAY NO TO RESIDENTIAL PLATTING, THEN I MIGHT FEEL DIFFERENTLY.
AND I THINK THAT IT'S IMPORTANT THAT WE PROTECT SINGLE FAMILY NEIGHBORHOODS AND OUR ZONED NEIGHBORHOODS.
UM, I I, NOT AGAINST DAYCARE FACILITIES, I DON'T HAVE CHILDREN, BUT I HAVE DEALT WITH, UM, ADULT CARE FACILITY NEEDS IN MY OWN FAMILY.
AND I KNOW THAT THAT'S CHALLENGING.
BUT, UM, IF THERE WAS SOMETHING IN BETWEEN WHAT COMMISSIONER HAMPTON HAS SUGGESTED AND WHAT COMMISSIONER RUBIN HAS SUGGESTED, I COULD FALL ANYWHERE IN THERE AS FAR AS, UM, LIFTING THE SS U P REQUIREMENT.
I PERSONALLY DON'T NEED TO HAVE ANY MORE S U P HEARINGS FOR THE REST OF MY LIFE.
UH, BUT I THINK IT'S VERY IMPORTANT THAT THERE BE SOME KIND OF STOP GAP, UM, BETWEEN OPENING A BUSINESS WHERE YOU'RE INVITING PEOPLE FROM OUTSIDE OF A COMMUNITY INTO A COMMUNITY AND RUNNING THAT BUSINESS IN NEXT TO PEOPLE'S HOMES WITHOUT ANY KIND OF, UM, SAY IN WHAT GETS CONSTRUCTED THERE AND WHAT SIZE LOT THEY CAN CONSTRUCT IT ON AND HOW THAT HAPPENS.
AND I JUST DON'T FEEL COMFORTABLE WITH THAT.
SO I CAN'T SUPPORT THAT MOTION.
WE THERE? SO, UM, I'M NOT SURE IF I'M GONNA SUPPORT OR NOT, BUT I, I JUST WANTED SOME CLARITY AFTER ALL THAT WAS SAID, HEARING YOU GUYS SPEAK.
DID I HEAR CORRECTLY IF I WANTED TO OPEN UP A CHILDCARE FACILITY IN A WAREHOUSE DISTRICT, I CAN COME AND ASK FOR A S U P TO DO THAT.
I'LL JUST SAY THAT MY MOTION DOES NOT TOUCH NO.
I THINK THAT SHOULD PROBABLY BE THE SUBJECT OF A SEPARATE MOTION IF SOMEONE WANTED TO MAKE THAT.
UM, COMMISSIONER WHEELER, PLEASE.
I, I, I, I DON'T KNOW HOW TO, IS THE, IS CLUMPING THE ADULT CHILDCARE FACILITY WITH THE CHILDCARE, I MEAN THE ADULT FACILITY WITH THE CHILDCARE FACILITY.
I'M MORE THAN AM TO HAVE A CHILDCARE FACILITY NEXT DOOR TO ME THAN AN ADULT FACILITY.
'CAUSE IT IS A CAUSE OF CONCERN.
IS THERE A WAY THAT WE CAN APPROVE? 'CAUSE I ALSO UNDERSTAND WHEN COMMISSIONER KINGSTON IS SAYING, ESPECIALLY WITH THE ADULT PART, YOU CAN HAVE 10 AND 12 KIDS BY RIGHT.
HAVING IT WHERE IT SAYS THAT IT HAS TO BE IN A RESIDENTIAL CORRIDOR BY RIGHT.
AND POSSIBLY A S U P IF IT'S IN THE MIDDLE SAYS IT'S IN THE MIDDLE OF THE RESIDENCE AREA IN SOME, IN SOME KIND OF FACTOR.
UM, SHE NECESSARILY DON'T WANT IT ON M BLOCK, POSSIBLY SOMEWHERE, GREENVILLE OR ONE OF THOSE KIND OF IN THAT KIND OF FASHION.
BUT I DON'T WANT IT NECESSARILY NEXT DOOR, ESPECIALLY WHEN YOU SEE ADULT DAYCARE.
UM, ADULT DAYCARE CAN BE ANYTHING.
UM, ANY, YOU KNOW, I DON'T KNOW.
[08:05:01]
THE MODIFICATION TO COMMISSIONER, UH, HAMPTONS TO INCLUDE HEALTHCARE WORKERS, NOT JUST THE PATIENTS, BUT THE HEALTHCARE FORCE WORKERS THAT MY, I DON'T KNOW WHAT I'M DOING.THE HEALTH I, I KEEP WITH THE, WITH COMMISSIONER HAMPTONS IS TO INCLUDE THE HEALTHCARE WORKERS ALONG WITH THE PATIENTS.
SOMEWHERE IN THERE THAT YOU, THAT WOULD, THAT'LL, WE'LL GO BACK TO THAT ONE NOW.
NOW WE'RE JUST DISCUSSING THE AMOUNT.
HOW, HOW DO WE FIX THAT MIDDLE? BECAUSE THERE'S, WE NEED A MIDDLE WHERE IT, IT ALLOW, WHERE DOES IT ALLOW IN THE RESIDENTIAL AREA? RIGHT.
BECAUSE IF, IF WE APPROVE THAT TODAY, IF CAN BE FOR SURE SOMEONE'S GONNA BUY A HOUSE AND PUT IT ON THE, IN THE MIDDLE OF THE BLOCK DUPLEX.
SO I WANTED ADJACENT TO, I MIGHT NOT WANT IT ON CARPENTER STREET IN SOUTH DALLAS, BUT I MIGHT WANT ON MALCOLM X, BUT IT'S ADJACENT TO A, A RESIDENTIAL AREA.
THAT'S WHERE I'M, I DON'T KNOW HOW WE FIX THAT PART.
SO, UM, MAJOR THERAPY OR A THIRD, SOME SOMEWHERE MID CORNER BLOCK.
UM, NOT A FULL DAYCARE, 10 TO 12 KIDS A WEEK.
SO, UM, I DON'T KNOW THAT I CAN ANSWER THAT QUESTION EXCEPT TO SAY THAT THE DEVELOPMENT CODE DOES HAVE REGULATIONS ABOUT NON-RESIDENTIAL USES IN RESIDENTIAL ZONING DISTRICTS.
UH, THE PARKING HAS TO BE CONNECTED TO THE MAIN USE.
UM, YOU KNOW, IT CAN'T LEAPFROG A HOUSE AND BE ON THE OTHER SIDE OF A HOUSE OR ANYTHING LIKE THAT.
SO, SO IF WE APPROVE IT, IT CAN'T BE ON THE STREET, NOT THE, NOT THE 10 TO 12.
THE 10 TO 12 IS BY RIGHT? RIGHT.
10 TO 12 IS JUST IN A RESIDENCE CARED FOR BY A RESIDENCE OF THE HOME IS MY RIGHT.
BUT THE ONE THAT'S BY THE ONE THAT, THAT, IF WE SAY IF WE GO WITH COMMISSIONER RUBINS MM-HMM.
AND HE SAYS, MAN, THIS STATE, I I ALSO OWN ONE IN GARLAND THAT'S IN, IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD.
AND THAT ONE'S REALLY STRUGGLING 'CAUSE THERE'S JUST NOT ENOUGH KIDS TO SUPPORT THAT CHILDCARE USE IN THAT.
I MEAN, MAYBE IT'S AN AGING NEIGHBORHOOD, YOU KNOW, WHERE THEY JUST DON'T HAVE KIDS THERE ANYMORE.
BUT HE SAID, WE REALLY STRUGGLE KEEPING THAT FACILITY OPEN 'CAUSE WE JUST DON'T HAVE ENOUGH KIDS IN THE NEIGHBORHOOD TO SUPPORT IT.
UM, WHEREAS THIS OTHER ONE THAT'S NEAR MULTIFAMILY AND MORE DENSITY, THEY, THEY ARE ABLE TO, UM, STAY AFLOAT AND KEEP OCCUPIED.
WELL, SOMETIMES YOU HAVE A RESIDENTIAL AROUND THE CORNER, SOME APARTMENT COMPLEXES AROUND MM-HMM.
THAT'S, THAT'S WHAT THE PART IS GONNA ISSUE.
OR YOU MIGHT NOT BE MAD, WHO KNOWS.
SO SHE DON'T, WE DON'T WANT ONE ON OUR STREET.
I WANT THE 10 TO 12 ON MY STREET.
I DON'T WANT THE 20 TO 30 ON MY STREET BECAUSE CARL'S PULLING UP.
SO HOW DO WE PROTECT THAT
CAN WE DO R A R ADJACENT? SEE, WE, WE CAN'T REALLY DO R A R IN RESIDENTIAL ZONING 'CAUSE IT'S OBVIOUSLY GOING TO ALWAYS TRIGGER THE R A R.
SO WE TRY TO INCORPORATE THOSE, UM, LIKELY ADDITIONAL PROVISIONS IN THE LAND USE CODE.
WE ALSO SAID IT CANNOT OPEN AFTER 10 O'CLOCK.
THEY CAN'T HAVE OUTDOOR ACTIVITIES BETWEEN 10:00 PM AND 7:00 AM IF IT'S IN A RESIDENTIAL DISTRICT.
SO COULD WE, COULD WE DO A FRIENDLY AMENDMENT THAT SAID THESE FACILITIES CAN OPEN ON THOROUGHFARES AND MAIN PARTS OF A NEIGHBORHOOD? UM, WITHOUT AN S U P? I DON'T SEE HOW THAT'S FRANKLY WORKABLE.
I, I DON'T KNOW HOW WE WOULD ACTUALLY DRAFT THAT.
SO I, I WOULD LEAVE MY LANGUAGE AS IT IS.
I THINK UNLESS MR. MR. MOORE HAS SOMETHING I, I'D BE WILLING TO CONSIDER IT.
BUT I THINK I'M WITH YOU VICE CHAIR RUBIN.
I DON'T KNOW HOW THAT WOULD PRACTICALLY WORK OR HOW WE COULD DRAFT SOMETHING TO EXPRESS THAT INTENT CLEARLY SO THAT IT WOULD BE APPLICABLE IN THE SITUATIONS WE WANTED TO AND NOT APPLY IN THE SITUATIONS.
SO IS IT ANY WAY, SO THERE'S A WAY IN SOME BUSINESSES IF IT'S IN NO, 'CAUSE IT HAS TO BE
[08:10:01]
500 FEET.BUT I KNOW IN PDSS WE CAN WRITE DUPLEXES IN CERTAIN AREAS OF NEIGHBORHOODS, CAN'T WE? WE CAN'T DO THIS IN, IN THIS SITUATION.
I, I APPRECIATE THE EFFORTS TO, BECAUSE I'M A KEEP THIS, BUT I, I DON'T KNOW WHAT, IF ANYTHING I WOULD, WOULD ENTERTAIN IN TERMS OF, OF SCALING IT BACK AS A FRIEND OF, BECAUSE I'M STILL A YOUNG MOTHER.
YEAH, I JUST WANTED TO, UH, ADD MY ENDORSEMENT TO, UH, VICE CHAIR RUBIN'S, UH, AMENDMENT.
I THINK THERE'S A DEFINITE DEMAND DEFINITE MARKET FOR THIS A NEED.
SO I'D LIKE TO SEE IT MADE EASIER.
ANY OTHER COMMISSIONER CARPENTER? UM, I WON'T BE ABLE TO SUPPORT THE MOTION.
I THINK, YOU KNOW, THE, THE ISSUES THAT THE COMMISSIONERS OVER HERE WERE STRUGGLING WITH EXEMPLIFY WHY THE S E P PROCESS IS THE CORRECT PROCESS TO DETERMINE WHERE, UM, A DAYCARE OR ADULT DAYCARE CENTER GO IN A RESIDENTIAL NEIGHBORHOOD.
BECAUSE, YOU KNOW, CIRCUMSTANCES ALTER CASES, UH, THERE ARE ADEQUATE, IN MY OPINION, THERE ARE ADEQUATE PROVISIONS FOR BY RIGHT DAYCARE AND RESIDENTIAL NEIGHBORHOODS.
THEY CAN BE DAY HOME, YOU KNOW, WHERE AN INDIVIDUAL LIVING IN THEIR HOME CAN TAKE CARE OF EXTRA KIDS.
UM, DAYCARE CAN GO IN BY RIGHT.
AND I THINK MOST PEOPLE LIVING IN SINGLE FAMILY NEIGHBORHOODS ARE ACCEPTING OF THOSE.
BUT WHEN IT COMES TO THE PROSPECT OF ONE DAY, YOU WAKE UP AND ON BOTH SIDES OF YOU, SOMEONE HAS TORN DOWN A HOME AND IS BUILDING A KINDERCARE OR WHATEVER, YOU KNOW, UH, FOR-PROFIT CHILDCARE, AND THEN YOU ADD THE PLATTING, UM, COMPLEXITIES THAT COMMISSIONER KINGSTON WAS REFERRING TO, BECAUSE THESE ARE INSTITUTIONAL USES AND WE SEE PLATTS EVERY WEEK THAT SAY AN INSTITUTIONAL USE DOES NOT HAVE TO FOLLOW, THEY'RE EXEMPTED FROM FOLLOWING 8.503 THE PATTERN OF THE NEIGHBORHOOD.
SO YOU COULD HAVE, YOU KNOW, YOU, YOU'RE TALKING ABOUT THE POSSIBILITY OF FUNDAMENTALLY CHANGING THE CHARACTER OF A NEIGHBORHOOD THROUGH PLATING THAT WE HAVE VERY LITTLE SAY SO OVER IF IF IT'S AN INSTITUTIONAL USE AND IT DOESN'T HAVE TO FOLLOW THE PATTERN OF THE NEIGHBORHOOD, THEN IT GETS ACCEPTED.
SO I, I DON'T KNOW TOO MANY NEIGHBORS WHO ARE GOING TO BE THRILLED TO WAKE UP AND, AND FIND OUT THAT THEY HAVE NO SAY SO BY RIGHT.
AND IT'S NOT THAT I'M OPPOSED TO THEM.
I THINK THEY CAN FIT IN RESIDENTIAL NEIGHBORHOODS, BUT I THINK THE S U P PROCESS IS THE WAY TO GO.
COMMISSIONER BLAIR, BELIEVE IT OR NOT, ONCE UPON A TIME, NOT SO LONG AGO, I DID HAVE TO DEAL WITH A DAYCARE IN DALLAS.
AND THE, THE LADY HAD, SHE WAS, SHE WAS LICENSED AND SHE, SHE HAD HER, HER RESIDENTIAL QUOTA.
AND YES, STATE CAME IN AND OUT, BUT I CAN'T SUPPORT A NON SS U P PROCESS BECAUSE LET ME TELL YOU WHAT WE DID, AND I'M JUST AS GUILTY AS THE NEXT, WE PARKED IN EVERYBODY'S DRIVEWAYS.
WE BLOCKED HOMES, WE IT ESPECIALLY ON A RAINY DAY OR A MORNING THAT I HAVE TO BE AT WORK IN 20, IN 20 MINUTES.
AND, AND THE LITTLE DARLING WOULDN'T, WOULD, WOULD NOT ACT.
RIGHT? SO I COULDN'T LEAVE THE HOUSE ON TIME AND WE BLOCKED OR WE, WE DOUBLE PARKED.
AND ON A SINGLE FAMILY, AS I SIT AND THINK ABOUT WHAT I DID TO A, A, A NEIGHBOR, SHAME ON ME.
UM, AND SO IF, AND, AND IF I THINK THAT WE WOULD SAY THAT WE HAVE NO REGULATIONS TO SAY THAT I LIVE IN THIS PLACE.
AND IF WE ARE, AND, AND IF I'M A, AND, AND I DO BELIEVE THAT YOUNG MOTHERS, OLD GRANDMOTHERS, THEY DADS GRANDDADS.
WE ALL NEED TO TO BE, HAVE A HAVE A PLACE TO, TO PARK OUR KIDS WHILE WE WORK.
BUT WHAT WE DON'T HAVE IS THE RIGHT IN A SINGLE FAMILY RESIDENT TO CHANGE THE, THE TONE SO THAT IT'S NOT RESIDENTS BUT A BUSINESS AND THEN EXPECT ME TO STILL PAY MY PROPERTY TAX FOR RESIDENTIAL AND CAN'T ENJOY MY HOUSE.
SO IF THERE WAS A WAY THAT, THAT YOU COULD DO IT AND PROTECT THE RESIDENT, I'M ALL FOR IT.
BUT IF YOU CAN'T PROTECT THE RESIDENT, THEN THAT'S OUR JOB.
WHETHER IT'S BECAUSE WE ARE HERE BECAUSE WE CHOOSE TO BE OR SOMEONE TWISTED OUR ARM TO COME HERE, THAT'S WHAT WE CHOSE TO DO.
[08:15:01]
THE, THE SANCTITY OF SINGLE FAMILY RESIDENTS, THIS IS WHERE WE START.MULTI-FAMILY GO FOR IT BUSINESSES.
I DON'T CARE IF IT'S, IF IT'S DAYCARE OR ADULT DAYCARE.
AND I'M SINCERELY, I SINCERELY WOULD BE CONCERNED WITH ADULT DAYCARE AS, AS AT WATCHING MY, MY PARENTS, UM, DEAL AND MY, MY FAMILY DEAL WITH THOSE THAT HAVE DEMENTIA AND ALZHEIMER'S, AND YOU HAVE TO GO TO WORK AND YOU NEED A PLACE TO, TO PUT 'EM IN.
THEY DECIDE TODAY I'M NOT GONNA, THAT'S, THAT'S WORSE THAN HAVING TO DEAL WITH TRIPLETS ALL ON A BAD DAY.
SO I JUST THINK WHEN WE ARE TALKING ABOUT RESIDENTS, IT'S OUR JOB TO PROTECT THEM, NOT TO HINDER 'EM.
ANY OTHER COMMENTS? UH, JUST THAT ONE BRIEF COMMENT.
UH, OH, WELL, I SEE FIRST AROUND, UH, COMMISSIONER ANDERSON, PLEASE.
UM, I'M NOT SURE THAT I CAN SUPPORT THE, UM, THE MOTION, UM, OUTSIDE OF THE
I'M WONDERING IF WE WERE TO CONSIDER LOT SIZE AND SAY FOR INSTANCE IN OUR TENS WHERE YOU HAVE MORE SPACE TO ACCOMMODATE SOME THINGS, UM, MAYBE THAT WOULD BE ACCEPTABLE, BUT I DON'T, I CANNOT SUPPORT, UM, ACROSS THE BOARD RESIDENTIAL SUPPORT WITHOUT THE S U P.
UM, AND SORRY, I'VE OBVIOUSLY MISSED SOME OF THIS DISCUSSION.
I HAD A FAMILY MATTER, THE, I GUESS WHAT, UH, COMMISSIONER RUBIN, CAN WE DO A RECAP OF WHERE WE ARE? AND IT'S JUST ON THE RESIDENTIAL PIECE RIGHT NOW, MY MOTION WAS TO ALLOW IT BY WRIGHT AND ALL RESIDENTIAL DISTRICTS.
UM, BUT IN, IN RESIDENTIAL DISTRICTS, IT WOULD BE SUBJECT TO THE HEIGHT AND LOT COVERAGE REQUIREMENTS THAT RESIDENCES ARE ALSO SUBJECT TO.
SO YOU'RE NOT GONNA GET SOMETHING THAT VARIES IN SCALE ON THAT.
AND, AND WAS THE ORIGINAL MOTION WHAT IS PRESENTED IN OUR PACKET, OR IT SOUNDED LIKE THERE WERE SOME ALTERNATE LANGUAGE THAT WE'RE JUST NOT AT YET.
IS THAT CORRECT? I'M HAPPY I CAN SPEAK.
I MEAN, COMMISSIONER HAMPTON MADE A, MAKE A MO MADE A MOTION BASICALLY TO FOLLOW ZAC RECOMMENDATION WITH THE TWEAK TO ACCOMMODATE PARKLAND.
HOSPITALS IS THE, I THINK SHE'S NODDING ALONG.
THAT'S A FAIR DESCRIPTION OF WHAT HER INITIAL MOTION WAS.
THEN MY AMENDMENT WAS TO ALLOW IT BY RIGHT.
UM, I ALSO HAVE YOUNG CHILDREN, I HAVE HAD STRUGGLES WITH CHILDCARE.
I I THINK WE DO NEED MORE OF THEM.
I, IF WHAT I'M UNDERSTANDING IS CORRECT, UM, IF WE GO WITH COMMISSIONER HAMPTON'S MOTION ON THIS POINT, THEN THEY WILL BE PERMITTED IN RESIDENTIAL BY S U P AND WE WILL STILL HAVE THE, UH, CATEGORY WHERE YOU CAN HAVE UP TO 12 PEOPLE IN A CHILDCARE FACILITY IN YOUR HOME.
AS LONG AS THE PERSON WHO OWNS THE HOME IS TAKING CARE OF THEM.
COMMISSIONER HAMPTON'S MOTION ALLOWS THEM BY WRIGHT IN MULTI-FAMILY, BUT BY SS U P AND OTHER RESIDENTIAL DISTRICTS.
WHEREAS MY AMENDMENT WOULD ALLOW 'EM BY WRIGHT IN ALL RESIDENTIAL DISTRICTS.
BUT DAY HOMES ARE ALLOWED, AS YOU NOTED, CURRENTLY IN CODE AND THERE'S NO CHANGE THERE.
THEN ON THIS POINT, I AM MORE ALIGNED WITH COMMISSIONER HAMPTON.
WHEN WE GET INTO THE OTHER, OTHER CATEGORIES THAT WE'RE NOT AT WITH THIS MOTION YET, I DO THINK WE NEED MORE.
I THINK AS LONG AS WE HAVE AN S U P PROCESS THAT STAYS IN PLACE AND PEOPLE CAN USE IT FOR RESIDENTIAL, UH, USE, THAT'S DIFFERENT THAN THE DAY HOME, WHICH IS ALREADY PERMITTED BY RIGHT.
I, IN MY OPINION, THAT STRIKES THE RIGHT BALANCE ON THIS PART OF THE MOTION.
ANY OTHER COMMENTS? COMMISSIONERS? I JUST, I'LL JUST SAY ONE VERY BRIEF COMMENT.
UH, I THINK, YOU KNOW, FOR ME PERSONALLY, WHEN I LOOK AT THESE KINDS OF THINGS, I, I THINK OF, OF PROBABILITIES AND A DISTRIBUTION CURVE.
[08:20:01]
BEFORE ABOUT THE PROCESS DURING ZO OAC ABOUT HOW MANY COMPLAINTS CODE HAS RECEIVED ABOUT DAYCARES IN SINGLE FAMILY NEIGHBORHOODS.AND SO, ARE THERE GONNA BE BAD ACTORS LIKE THE ONES THAT COMMISSIONER BLAIR, UH, DESCRIBE? YES.
AND AGAIN, WHEN I THINK OF DISTRIBUTION CURB, I THINK THAT WE'RE TALKING ABOUT THE FOLKS OUT HERE IN IN ZONING.
I LIKE TO FOCUS IN THE DISTRIBUTION, IN THE HEART OF THE DISTRIBUTION.
AND I THINK THAT'S WHAT MY GOAL IS WITH, UH, THE SUPPORT OF VICE CHAIR RUBIN'S AMENDMENT.
I THINK THAT'S WHERE THE VAST MAJORITY OF THESE ARE GONNA LIE WITH THE NO COMPLAINTS.
AND WITH THAT, WE'RE READY FOR A RECORD VOTE.
CAN YOU DO IT? THANK YOU MR. MOORE.
THAT WAS MY, GET OUTTA THAT CHAIR.
NOW WE GO BACK TO THE ORIGINAL MOTION WITH THE AMENDMENT.
ANY DISCUSSION ON THAT? HEALTHCARE, THE MODIF.
I, I, I MOVED TO ADD HEALTHCARE.
UM, I DID NOT TWEAK THE ACCOMMODATION FOR THE HOSPITALS.
SO THE AMENDED MOTION MAINTAINS THAT MODIFICATION FOR THE HOSPITAL DAYCARE WITHIN, UM, TO NOT REQUIRE AN S U P? NO.
UM, I ASKED TO ADD, UH, THAT, BECAUSE ON YOURS, YOU DIDN'T INCLUDE HEALTHCARE WORKERS.
HANG ON, LET ME READ IT AGAIN.
IT IT DOES, IT INCLUDES BOTH PROVIDING, PROVIDING OR RECEIVING HEALTHCARE USE.
SO IT, IT KEEPS THAT NO, YOU DEFINE, YOU RECEIVING.
AND FOR SHORT TERM, WHAT DO YOU CONSIDER SHORT TERM? FOUR HOURS.
AND, AND I BELIEVE THAT WAS BASED ON THE REVIEW.
IT'S NOT WELL, I'LL, BECAUSE THEY SAID SOMETIME THEY WOULD HAVE TO DO FOUR, THEY'RE MOVING INTO LIKE EIGHT HOURS, SOMETIMES 12 HOURS.
I'M, I'M GONNA LET MR. MOORE SPEAK TO THAT IF I MAY OR MS. MAY.
UH, CAN YOU EXPLAIN WHAT YOUR QUESTION IS TO ME REAL QUICK? SO, SO I KNEW WE WERE VOTING ON THE AMENDMENT FROM OF, OF COMM RUBEN, BUT I ALSO HAD WANTED TO ADD SOMETHING TO COMMISSIONER HAMPTON BECAUSE SHE SAID FOR SHORT TERM, UM, CARE.
SO I WANTED TO MAKE SURE IS THAT'S NOT, THAT'S NOT DEFINED BY OURS, THAT'S DEFINED BY DAY.
BECAUSE WHAT THEY'RE SAYING IS PARKLAND IS SAYING FOUR HOURS, EIGHT HOURS, SOMETIME DOWN, THEY'RE MOVING TO WORK.
IS THAT CONCERN? IS THAT A PART OF SHORT TERM? THE INTENT IS TO ALLOW THAT.
SO THAT'S CONSIDERED SHORT TERM DEAL.
AND MR. MOORE, WITH THAT CLARIFICATION,
[08:25:01]
ANYTHING THAT WOULD NEED TO BE ADJUSTED IN THAT LANGUAGE CAN BE ACCOMMODATED? NO.I THINK THAT THE, THE LANGUAGE THAT YOU PROPOSED IS SUFFICIENT.
COMMISSIONER HERBERT, YOU HAD MENTIONED SOMETHING BEFORE AND NOT MY BRAIN HAS GONE IN.
I SAID, HEY, LET'S GO GO BACK TO TAKING NAP ABSENCE, SIR.
UM, I MENTIONED EARLIER, I THINK THE QUESTION WAS IF I WAS TO OPEN A CHILDCARE FACILITY OR WANTED TO OPEN A CHILDCARE FACILITY IN INDUSTRIAL ZONED AREA, WOULD I HAVE TO COME TO C P C, UM, FOR A SS U P? SO IT'S STILL POSSIBLE.
YOU JUST HAVE TO COME WITH AN S U P.
ANY OTHER COMMENTS? COMMISSIONERS? SO, I'M SORRY.
PLEASE, CAN YOU HEAR ME ON THIS POINT? YOU KNOW, I, I APPRECIATE THAT.
WHAT WE'RE TRYING TO DO IS CRAFT A SOLUTION FOR ONE PARTICULAR CASE.
UM, I, YOU KNOW, WHAT HAPPENS IF THEIR USE SLIGHTLY CHANGES AND THEN THEY'RE NO LONGER IN THIS EXCEPTION THAT WE'VE CREATED JUST FOR THEM.
I ALSO APPRECIATE THAT, UM, IT CAN BE REALLY BENEFICIAL FOR A WORKER, A WORKPLACE TO HAVE CHILDCARE ON SITE.
UM, I BENEFITED FROM THIS, UM, PARTICULARLY WHEN MY SECOND DAUGHTER WAS BORN.
AND SO I THINK MAKING WORKERS WORKPLACES JUMP THROUGH HOOPS, UM, AND DO AN ADDITIONAL SS U P I THINK IS A, I THINK IT IS A BURDEN THAT WE SHOULDN'T BE IMPOSING ON PLACES THAT WANT CHILDCARE CENTERS ON SITE FOR THEIR WORKERS.
THEY'RE ALREADY GONNA HAVE TO GO THROUGH A LOT OF OTHER HOOPS.
AND MY PREFERENCE WOULD BE TO, UM, NOT ADD THIS ADDITIONAL REQUIREMENT, ESPECIALLY SINCE WE'RE KIND OF BENDING OVER BACKWARDS FOR ANNIE'S HOUSE.
WHAT IF WE JUST DON'T KNOW THAT ANOTHER ONE HAS JUST AS COMPELLING OF A STORY? I, I THINK IT IS A DANGEROUS PRECEDENT TO SET WHEN YOU CRAFT AN EXCEPTION FOR ONE WORTHY CAUSE.
JUST BECAUSE ANOTHER ONE MIGHT BE AS WORTHY, BUT HASN'T STOOD UP AND TALKED TO US ABOUT IT.
COMMISSIONER HEMPTON, IF I MAY, I, I APPRECIATE THE COMMENTS OF COMMISSIONER TREADWAY.
UM, IT'S WHY I, IN THINKING OF WHAT THE LANGUAGE WAS CRAFTED IT BY USE, NOT IN REGARDS TO ONE SPECIFIC FACTOR BECAUSE IT WAS ACTUALLY MULTIPLE HEALTHCARE PROVIDERS HAD REACHED OUT ON THIS.
AND SO THE PROPOSED LANGUAGE COVERS HOSPITAL, MEDICAL CLINIC OR AMBULATORY, UM, SURGICAL CENTER.
SO THAT'S OUR CODE USAGE GROUP FOR THOSE.
AND SO WHILE IT, IT IS, UM, IT CAME OUT OF THE DISCUSSIONS, UH, WITH ANNIE'S PLACE AS WELL AS ANOTHER, UM, OPERATOR IN THE AREA.
IT'S MEANT TO ALLOW FOR, AGAIN, WHERE THEY'RE OPERATING WITH IR ZONING.
THAT'S WHERE THE ISSUE CAME IN.
SOME HOSPITALS OPERATE UNDER PDSS.
THERE'S A VARIETY OF OTHER DISTRICTS THAT ARE COVERED OUTSIDE OF THIS.
IT WAS VERY SPECIFIC TO ADDRESS WHERE WE WERE ADDING AN S U P REQUIREMENT FOR IR OR CSS ZONING DISTRICTS, WHICH ARE TYPICALLY MUCH MORE INTENSE OFFICE USES OR OFFICE DISTRICTS ARE ALLOWED BY WRIGHT UNDER THE PROPOSED DISTRICTS, UM, THAT ARE IN OUR AMENDED MOTION.
AND SO A TYPICAL WHAT WE WOULD THINK OF AS AN OFFICE, I COMMISSIONER WHEELER ASKED ABOUT THE LO REQUIREMENT THAT'S WITHIN AN OFFICE DISTRICT.
THOSE WOULD ALL BE ALLOWED BY WRIGHT NOW.
AND WE WERE SIMPLY ADDING THE CLARIFICATION THAT WHERE WE DO HAVE HOSPITAL DISTRICTS THAT ARE FALL UNDER IR ZONING, THAT THEY WOULD NOT BE SUBJECT TO THE S U P REQUIREMENT.
THAT WAS, THAT WAS THE NATURE OF THAT ADDITIONAL, UM, PROVISION RECOMMENDED FOR THE BODY.
SO I HOPE THAT PROVIDES SOME CLARIFICATION IN, IN THE MATTER THAT'S BEFORE US.
COMMISSIONER HAMPTON? COMMISSIONER HAMPTON, COMMISSIONER WHEELER, PLEASE.
CAN I ASK, SO DOES I, NO, MAYBE I NEED TO BE ASKING MS. MAYES.
LET'S C CAN WE CLARIFY? 'CAUSE I THINK I ASKED THE QUESTION.
SO IN LO DISTRICTS, IT'S USUALLY FOR THE PEOPLE THAT'S WORKING THE BUILDING, BUT ALSO DOES IT INCLUDE, SAY THAT THE, IT'S A OFFICE, IT'S IN A OFFICE BUILDING, AND ANYONE, ANYONE IN THE OFFICE BUILDING SAY IT'S A OFFICE BUILDING AND HAS EVERY FLOOR HAS A DIFFERENT, DIFFERENT, UM, BUSINESS OR DOES THAT INCLUDE ALSO, SO YOUR QUESTION IS, OR DO THEY HAVE TO GET AN SS U P HYPOTHETICALLY IF WE HAVE A LARGE BUILDING EMPLOYER THAT YOU DON'T HAVE, IT'S NOT, IT'S NOT THE SAME EMPLOYER
[08:30:01]
SAY, OKAY, MULTIPLE EMPLOYERS WITHIN A ONE SITE AND THEY WANT ANOTHER CHILD, THEY HAVE A SMALL PORTION OF THEIR BUILDING DEDICATED TO CARE FOR THE CHILDREN OR DEPENDENTS OF THEIR WORKERS.SOMEONE CAN, YOU KNOW, I THINK THAT IT'S A, THIS IS A BIG BUILDING.
I WANNA OPEN A CHILD CURL ON ONE OF THE FLOORS.
AND DO THEY HAVE TO GET S U P I WOULD SAY SINCE THAT MAIN USE OF OFFICE OR WHATEVER IS ALLOWED BY WRIGHT, UM, AND THEY, THEY COULD USE THE EXCEPTION OF NOT BEING CONSIDERED A CHILDCARE FACILITY IN THE INDUSTRIAL DISTRICT BECAUSE THE CODE SAYS TAKING OUT THE ME HOSPITAL MEDICAL CLINIC AND STUFF, MOTION, LET'S SAY STILL THE FREEWAY.
BUT IF IT SAYS, UH, DOES NOT INCLUDE A FACILITY IS OPERATING CONNECTION WITH A SHOPPING CENTER BUSINESS, SO THAT'S AN OFFICE, UM, YADA YADA YADA.
OR ESTABLISHMENT WHERE PERSONS OF NEED IN NEED OF CARE ARE CARED FOR DURING SHORT PERIODS WHILE PARENTS ARE PERSONS RESPONSIBLE FOR THE PERSONS IN NEED WHILE PARENTS, YOU KNOW, ARE SHOPPING, ATTEND, ATTENDING RELIGIOUS SERVICES OR ACTIVITIES, RECEIPT OR STRIKING THAT I THINK, UM, OR ENGAGING IN OTHER ACTIVITIES ON OR NEAR THE PREMISES.
SO I WOULD SAY LIKE WORKING IS ENGAGING IN OTHER ACTIVITIES ON OR NEAR THE PREMISES.
AND, AND THE REASON THAT I ASK THAT BECAUSE, UM, COMMISSIONER TREADWAY MADE ROOM FOR, WELL, WHAT IF IT'S SOMETHING TO THAT EFFECT AND I THINK THAT'S WHERE SHE WAS HINT AT, IF I WORK IN AN OFFICE BUILDING, SHOULD I GET THE SAME? RIGHT.
JUST BECAUSE LIKE SOMEONE THAT WORKS IN AT PARKLAND OR SOMETHING LIKE THAT.
SO THE EMPLOYER, I THINK THAT'S WHAT SHE WAS HEADING AT.
OKAY, SO IT'S BY RIGHT ALREADY.
OR IT GOES UNDER WHATEVER ZONING, THE PEOPLE THAT ARE VISITING WHAT OTHER ACTIVITIES THAT THEY'RE DOING.
ANY OTHER COMMENTS, QUESTIONS, COMMISSIONERS? WE'RE READY FOR A VOTE.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
[10. 23-2690 Consideration of amending Chapter 51A of the Dallas Development Code, with consideration to be given to amending Section 51A-4.507, “Neighborhood Stabilization Overlay” and related sections including but not limited to amending regulations related to height plane definition and how height is measured ]
NOW GO BACK TO ITEM NUMBER 10.YEAH, YOU MAY HAVE TO CALL ME DOWN BECAUSE I, I MAY NOT PLEASE.
THIS IS ITEM NUMBER 10, D C A 2 23 DASH 0 0 7.
IT'S CONSIDERATION OF AMENDING CHAPTER 51 A OF THE DALLAS DEVELOPMENT CODE WITH CONSIDERATION TO BE GIVEN TO AMENDING SECTION 51 A DASH 4.507, NEIGHBORHOOD STABILIZATION OVERLAY AND RELATED SECTIONS INCLUDING BUT NOT LIMITED TO AMENDING REGULATIONS RELATED TO HEIGHT, PLANE DEFINITION, AND HOW HEIGHT IS MEASURED.
STAFF RECOMMENDATION IS FOR APPROVAL AS BRIEFED.
ANY LAST QUESTIONS FOR STAFF? SEEING NONE, COMMISSIONER HEMP, DO YOU HAVE A MOTION? AND MY APOLOGIES.
UM, MS. GILLI, YOU DID SAY AS BRIEFED, WOULD THAT INCLUDE THE, UM, RECOMMENDED ADDITION ON HEIGHT PLAIN APPLICABLE TO GARAGES AND PORCHES? CORRECT.
YOU THAT DOES INCLUDE THAT? YES.
UH, WITH THAT MR CHAIR, I MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE THE CODE AMENDMENT D C A 2 2 3 DASH 0 0 7 PER STAFF AND ZAC RECOMMENDATIONS AS BRIEFED.
THANK YOU VERY MUCH, COMMISSIONER HAMPTON FOR YOUR MOTION.
COMMISSIONER HOUSEWRIGHT FOR YOUR SECOND.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
[SUBDIVISION DOCKET]
COMMISSIONERS WILL NOW MOVE ON TO OUR SUBDIVISION DOCKET.OUR CONSENT AGENDA ITEMS CONSIST OF ITEMS 12 THROUGH 20.
GOOD EVENING CHAIR, AND GOOD EVENING COMMISSIONERS.
THE CONSENT AGENDA CONSISTS OF NINE ITEMS. ITEM NUMBER 12 S 2 2 3 DASH 2 53.
ITEM NUMBER 13 S 2 2 3 DASH 2 54.
ITEM NUMBER 14 S 2 2 3 DASH 2 55.
ITEM NUMBER 15 S 2 2 3 DASH 2 56.
ITEM NUMBER 16 S 2 2 3 DASH 2 57.
ITEM NUMBER 17 SS 2 2 3 DASH 2 58.
ITEM NUMBER 18 S 2 2 3 DASH 2 59.
ITEM NUMBER 19 S 2 2 3 DASH TWO
[08:35:01]
60.AND ITEM NUMBER 20 S 2 2 3 DASH 2 61.
ALL THE CASES HAVE BEEN POSTED FOR A HEARING AT THIS TIME.
AND STAFF RECOMMENDATION IS APPROVAL SUBJECT TO COMPLIANCE WITH THE CONDITIONS LISTED IN THE DOCKET AND OR AS AMENDED AT THE HEARING.
THANK YOU VERY MUCH, MR. STRESS COMMISSIONERS.
ANY QUESTIONS ON THE ITEMS? 12 THROUGH 20.
COMMISSIONER ANDERSON, DO YOU HAVE MOTION, SIR? I DO.
IN THE MATTER OF THE CONSENT ITEMS ON THE SUBDIVISION DOCKET, I MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE THE MATTER SUBJECT TO COMPLIANCE WITH CONDITIONS LISTED IN THE DOCKET.
THANK YOU, SIR, FOR YOUR MOTION.
COMMISSIONER HAMPTON FOR YOUR SECOND.
ANY COMMENTS? ALL THOSE IN FAVOR, PLEASE SAY AYE.
[APPROVAL OF MINUTES ]
UH, COMMISSIONERS, BEFORE WE GO TO OTHER MATTERS, LET'S SWING BACK AND PICK UP THE, UH, THE MINUTES.VICE CHAIR RUBIN, MR. CHAIR, UM, I WOULD LIKE TO MOVE TO APPROVE THE MINUTES FROM OUR, UH, SEPTEMBER ONE, OCTOBER 5TH.
THANK YOU COMMISSIONER FOR YOUR MOTION.
COMMISSIONER HOUSE FOR YOUR SECOND.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
AND YOU? OPPOSED? MOTION CARRIES.
[OTHER MATTERS ]
OF ITEMS ON THE OTHER MATTERS, DR.SO, UM, THANK YOU CHAIR SHIED FIRST.
UM, YOLANDA ALREADY DISTRIBUTED? UH, I'M JUST NOW.
WE ARE GONNA DISTRIBUTE THE DRAFT CALENDAR FOR 2024.
WE CAN, UH, HAVE IT APPROVED NEXT TIME.
I JUST WANTED TO PROPOSE FEW THINGS.
WE PUT A TENTATIVE, THE FIRST MEETING IN JANUARY WOULD BE JANUARY 4TH.
I NOTICED THE TREND TO HOLD CASES TO THE SECOND IN JANUARY.
SO MAYBE WE CAN CONSIDER TO NOT HAVE A MEETING ON JANUARY 4TH, CONSIDERING IT'S RIGHT AFTER NEW YEAR'S AND IT'S BETWEEN THE HOLIDAYS WHEN THE DOCKET NEEDS TO BE OUT.
SO, UM, LET US KNOW WHAT YOUR THOUGHTS ARE ON THAT.
UH, PER USUAL, WE MARKED ONE NATION NATIONAL.
A P A CONFERENCE IS HAPPENING, IT'S IN THE WEEK OF APRIL 18.
SO WE WOULD PROPOSE TO TAKE, TO CANCEL THAT ONE AND HAVE ONLY ONE MEETING IN APRIL.
UM, JUST A SMALL NOTE, WE BUDGETED, UH, A SEPARATE BUDGET FOR C P C TRAININGS.
UH, SO YOU CAN ATTEND A NATIONAL A P A THIS YEAR.
SO, UM, IT'S A SPECIAL DELIVERY JUST FOR YOU, COMMISSIONER.
UM, AND THEN WE ONLY HAVE ONE IN DECEMBER, THE SAME AS HERE.
SO PLEASE DO GIVE CONSIDERATION TO MAYBE NOT HAVE A MID, NOT HAVE THE FIRST IN JANUARY AND NOT HAVE APRIL 18TH.
UM, THE SECOND ONE ALSO, PLEASE, WE CAN TALK NEXT TIME.
I WAS WAITING FOR ALL THE APPOINTMENTS.
UM, LAST YEAR WE DID A C P C WORKSHOP, ONE DAY WORKSHOP FOR ALL THE COMMISSIONERS.
UM, WE INTENDED TO DO TWO PER YEAR.
WE DIDN'T, WE WERE NOT SUCCESSFUL, BUT WE WOULD PREFER TO HAVE A WORKSHOP THIS YEAR.
SO MAYBE THINK OF A DATE IN NOVEMBER, I WOULD SAY, OR IF YOU WANT DECEMBER, WHATEVER DAY, JUST LET US KNOW.
SO NOVEMBER, DECEMBER, IF YOU ONE DAY WORKSHOP, WE'LL FIND A SUPER COOL LOCATION LIKE LAST YEAR AND NOT MANDATORY AT ALL.
JUST ONE DAY OF, AND WE'LL FIND PROBABLY A COOL KEYNOTE SPEAKER AS WELL.
BUT, UM, THINK ABOUT IT IF NOVEMBER OR DECEMBER WILL WORK FOR YOU.
THE, THE CALENDAR, UH, IS NOT ERODING ITEM TODAY.
JUST TAKE A PEEK, WE'LL VOTE ON IT OUR NEXT MEETING.
AND THEN THINK ABOUT THE TRAINING I PROVIDE SOME QUICK FEEDBACK, PLEASE.
THE OCTOBER MEET THIRD MEETING, UH, COINCIDES WITH ROSH HASHANAH.
OKAY, COMMISSIONER, I ENTERTAIN A MOTION TO ADJOURN.
THANK YOU VERY MUCH, COMMISSIONER BLAIR.
IT IS 7:08 PM AND OUR MEETING IS ADJOURNED.