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IT IS 1:05 PM TODAY IS AUGUST 19TH, 2024.
THIS IS THE BOARD OF ADJUSTMENT PANEL C MEETING.
UH, CALL TO ORDER WITH THE QUORUM.
I'M THE VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF PANEL C.
UH, THANK YOU FOR BEING HERE TODAY.
I KNOW IT'S BEEN A LITTLE BIT BUMPY, BUT WE'RE HERE AND WE'RE MOVING HERE.
UH, UH, MEMBERS OF THE PANEL ARE ROGER, ROGER SINGTON, UH, RODNEY MILLIKEN AND JARED SLADE.
UH, MEMBERS ARE APPOINTED BY THE CITY COUNCIL AND THE MAYOR SERVE WITHOUT COMPENSATION EXCEPT FOR LUNCH.
AND GIVE, GIVE OUR TIME FREELY, UH, STAFF PRESENT.
INCLUDE OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, MATTHEW SAPP.
UH, DR. MILLER HOSKINS IS WITH US, UH, ONLINE.
SHE IS THE BOARD ADMINISTRATOR, CHIEF PLANNER.
BRIAN THOMPSON IS A SENIOR PLANNER.
DIANA BARQUE IS DEVELOPMENT CODE SPECIALIST AND PROJECT COORDINATOR.
NORRA CASTANEDA IS SENIOR PLANS EXAMINER.
UH, SARAH AT TABARI IS SENIOR PLANS EXAMINER.
JASON POOLE IS DEVELOPMENT SERVICES ADMINISTRATOR, AND MOST IMPORTANTLY FOR THOSE ATTENDING IS MARY WILLIAMS, BOARD SECRETARY AND MEETING MODERATOR.
YOU NEED ANYTHING? SHE IS THE PERSON YOU TALK TO.
UH, BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW STATEMENTS.
UH, NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED.
EACH USE IS PRESUMED TO BE A LEGAL USE.
WE'VE BEEN FULLY BRIEFED BY STAFF THIS MORNING, AND WE WILL CONTINUE TO BE BRIEFED BEFORE HEARING EACH CASE.
UH, ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON THESE CASES SHOULD BE SUBMITTED TO OUR BOARD SECRETARY MARY WILLIAMS, WHEN YOUR CASE IS CALLED, THE EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.
UH, APPROVALS OF A VARIANCE, SPECIAL EXCEPTION, OR FOR REVERSAL OF A BUILDING OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES.
UH, LETTERS OF OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.
ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD'S SECRETARY.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES.
WE CAN SPEAK ON ANYTHING ON THE AGENDA AT THAT POINT.
UM, UH, APPLICANTS WILL, UH, RECEIVE SAY FIVE MINUTES, BUT WE'LL, WE'RE WILL BE WILLING TO EXTEND THAT AND WE'LL EXTEND IT EQUALLY TO OPPOSITION.
UH, AND I SAY FIVE MINUTES BECAUSE OUR QUESTIONS DON'T COUNT FOR THE TIME, BUT YOU OUGHT TO NOT EXPECT TO BE CUT OFF AT FIVE MINUTES.
UH, UM, OPPOSITION WILL HAVE THE SAME TIME AND THEN THE APPLICANT WILL HAVE A FIVE MINUTE REBUTTAL.
UH, ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER AT ALL TIMES.
UH, SPEAKERS COME THROUGH THE PRESIDING OFFICER.
A QUICK NOTE ABOUT WHAT WE DO AND WHAT WE DON'T DO.
AS A QUASI-JUDICIAL BOARD, WE CAN'T TALK TO YOU.
YOU CAN'T TALK TO US BECAUSE OF THAT, OUR DECISIONS ARE BASED ON, ON STANDARDS THAT ARE DEFINED IN THE STATUTE, UH, NOT BASED ON WHAT WE MAY THINK MAY WANT, MAY THINK SOMEBODY ELSE WANTS.
UM, WE HAVE TO MAKE DECISIONS THAT, THAT ARE NOT THAT AND WHITE.
BUT, UM, WE DON'T MAKE DECISIONS BASED ON PERSONALITIES.
WE MAKE THEM BASED ON INDIVIDUAL PROPERTY.
THAT SAID, DOES ANYONE HAVE QUESTIONS ABOUT OUR MINUTES FROM OUR LAST MEETING? HEARING NONE.
IS THERE A MOTION TO PASS THE MINUTES? VICE CHAIR AG MR. SASH? UM, I MOVE THAT WE HAS NO, THAT WE ACCEPT THE MEETING MINUTES FROM OUR PREVIOUS, UM, HEARING AS AS THEY HAVE BEEN PROVIDED.
I SUPPOSE EVERYONE KNOWS THE EXACT DATES.
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JUNE, JUNE, I BELIEVE SO.UH, WE, WE, WE WILL HEAR OUR AGENDA IN ORDER, UM, WITH THE UNDERSTANDING THAT WE HAVE TWO CASES ON, UH, CONSENT AGENDA.
UM, BEFORE WE CONTINUE, I'D LIKE TO HAVE THE, THE, UH, PUBLIC SPEAKING PART OF OUR MEETING.
SO IF THERE'S ANYONE WHO WOULD LIKE TO SPEAK ON ANY OF THE ITEMS ON OUR AGENDA.
YOU'LL OBVIOUSLY SPEAK DURING, DURING THE CALLING OF THE HEARING, BUT THIS IS FOR, THIS IS A CASE FOR ANYONE CAN SPEAK.
NO PUBLIC, NO, NO PUBLIC SPEAKERS.
AT THIS POINT THEN WE ARE GOING TO, WE'RE, THIS IS DIFFERENT.
WE'RE GONNA HAVE TWO COMPONENTS OF WHAT WE DO.
ONE IS A BRIEFING DURING THE BRIEFING.
THAT'S A SITUATION WHERE THE ONLY PEOPLE WHO CAN SPEAK ARE STAFF AND BOARD MEMBERS.
UH, WE THEN WILL HAVE A HEARING ON EACH CASE AFTER THE BRIEFING.
THE BRIEFING IS PUBLIC SO THAT EVERYONE KNOWS WHAT WE KNOW.
AND, UH, IF YOU'RE JUST JOINING US, WE HAD AIRPLANE AND AUTOMOBILE TROUBLE THIS MORNING, BUT, UH, AS WELL AS TECHNOLOGICAL TROUBLE THAT, UH, MADE IT HARD FOR US TO HAVE A QUORUM.
SO WE ARE RUNNING BEHIND, BUT WE ARE DOING OUR ABSOLUTE LEVEL BEST.
UM, MS. JORDAN WAS MOST OF THE WAY THROUGH BDA 2 3 4 DASH OH 9 1 1 4 4 4 OKLAN AVENUE.
WOULD YOU PLEASE CONTINUE? THIS IS STILL THE BRIEFING.
SO WE ARE, UM, WE WERE ACTUALLY ON THE TWO IN FOOTIES VIDEO, BUT I DID WANNA PROVIDE CLARIFICATION.
SO WE, WE RECEIVED TWO LETTERS OF SUPPORT, UM, AT, UM, LOT TWO AND THE SECOND ONE AT LOT THREE.
AND THEN WE ALSO RECEIVED ONE LETTER PROPOSITION, AND THAT'S MARKED BY, UM, LOT 16.
YOU GUYS HAVE THE LETTER OVER THERE.
SO THIS FIRST STREET IS OAKLAWN OAKLAWN AVENUE, AND OUR SUBJECT SIDE IS ACTUALLY, THE PART OF IT IS TO THE LEFT HERE.
AND WE'RE GOING TO MAKE A LEFT ONTO DRAGON.
AND OUR SUBJECT SIDE IS HERE TO THE LEFT.
LET'S SEE HERE WHERE THE NOTIFICATION SIGN IS.
IF WE'RE GONNA GO PAST THE LETTER WRITERS, IF YOU COULD CALL THEM OUT, THAT WOULD BE NICE.
SO LOT 16 IS GONNA BE ON THIS SIDE.
I THINK WE MIGHT HAVE ALREADY PASSED IT.
THIS IS THE STRIP WHERE THE LETTER CAME FROM.
IT'S GONNA BE ON THE RIGHT SIDE.
AND WE'RE GONNA TURN AROUND, WE'LL MAKE A U-TURN IN A FEW SECONDS.
ACTUALLY NOW, AND I'LL TRY TO CALL IT OUT.
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I BELIEVE LOT 16 MAY BE ONE OF THESE TO OUR LEFT.AND OUR SUBJECT SIDE IS TO THE RIGHT.
AND WE'RE STILL ON DRAGON STREET.
WE JUST MADE A U-TURN ON DRAGON STREET.
AND THEN SHORTLY WE'LL MAKE A RIGHT ONTO OAK LAWN AVENUE.
AND THIS IS STILL OUR SUBJECT SITE TO THE RIGHT.
SO WE PASSED OUR SUBJECT SITE NOW, AND I'M ACTUALLY GONNA SEE IF I CAN FAST FORWARD IT.
AND SO WE JUST MADE A RIGHT ON THE SLOCUM.
BUT IT LOOKS LIKE IN CURRENT STATE, ONCE WHEN WE TURN FROM OAK LAWN ONTO LOCUM, THAT'S, THAT'S PAVED.
AND JUST PARKING AND THAT SATELLITE IMAGE.
SO OUR SUBJECT SIDE IS TO THE RIGHT NOW, WHERE THIS CURVE IS WHERE, OR EXCUSE ME, WHERE THE STREET TURNS THE CURVES BATHROOM TWO AND THREE ARE ACROSS THE WAY.
THEY'RE ACROSS THE STREET FROM EACH OTHER.
AND THESE ARE THE LETTERS OF SUPPORT.
AND SO WE'RE NOT GONNA GO BACK AROUND TO THE, UM, SUBJECT SIDE.
DID YOU WANNA CONTINUE WITH THE VIDEO? WE'RE JUST GONNA GO ALONG YOUR ROUTE AS YOU OKAY.
IF YOU, YOU CAN SPEED IT UP, BUT BEING ABLE TO SEE, OKAY, YOU'RE COMING BACK.
SO THE SURROUNDING PROPERTIES THAT WE'RE TALKING ABOUT, OR WHAT WE'VE SEEN ESSENTIALLY ACROSS THE STREET FROM EVERYBODY, RIGHT ACROSS THIS SOMEWHAT OAK LAWN, BUT REALLY CROSS SLOPE.
RIGHT? SO DOES ANYONE WANNA SEE THE RESTROOM, YOU THEN? NO.
ARE THERE QUESTIONS FOR THE STAFF? OKAY.
SO AS I DO THIS, DO I NOW CLOSE THE BRIEF? NO, WE'RE, WE'RE WITHIN THE HEARING.
THE BRIEFING PART OF THIS IS OVER.
AT THIS POINT WE'LL CALL THE CASE.
UM, UM, BEFORE I END THE PRESENTATION, I DID WANNA, UM, READ OFF TRAFFIC ENGINEERING COMMENTS.
UM, THE TRAFFIC ENGINEERING DIVISION HAS NO OBJECTION TO THE PROPOSAL REQUEST.
YEAH, I, I DO WANT TO GO OVER IT.
SO I'LL JUST FINISH THE FULL PRESENTATION.
YEAH, LET'S JUST FINISH YOUR, YOUR, UH, OKAY.
SO THE STANDARD, THE LEGAL STANDARDS OF REVIEW FOR DECISION MAKING, PLEASE COME FROM, UH, SECTION 51, A DASH FOUR POINT, UH, 3 1 1 A.
AND IT, UH, READS THAT, UM, OR EXCUSE ME, OF THE DALLAS DEVELOPMENT CODE, STATES THAT THE BOARD MAY GRANT A SPECIAL EXCEPTION TO AUTHORIZED REDUCTION IN THE NUMBER OF OFF STREET PARKING SPACES REQUIRED UNDER THIS ARTICLE.
AT THE BOARD FINDS AFTER PUBLIC HEARING, THAT THE PARKING DEMAND GENERATED BY THE USE DOES NOT WARRANT THE NUMBER OF OFF STREET PARKING SPACES REQUIRED.
AND THE, THE SPECIAL EXCEPTION WOULD NOT CREATE A TRAFFIC HAZARD OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.
UM, EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, THE MAXIMUM REDUCTION BY THIS SECTION IS 25% IN ONE SPACE, WHICHEVER IS GREATER, MINUS THE NUMBER OF PARKING SPACES CURRENTLY NOT PROVIDED DUE TO DELTA CREDITS AS DEFINED IN SECTION 51 A DASH 4.704 B FOUR A IN A STAFF RECOMMENDATION, THERE IS NO RECOMMENDATION FOR THIS SPECIAL EXCEPTION OR ANY SPECIAL EXCEPTION.
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AND THEN THE, UM, TRAFFIC ENGINEERING PROGRAM ADMINISTRATOR COMMENTS, WHICH COME FROM, UH, MR. NAVAREZ STATED THAT THE TRAFFIC ENGINEERING DIVISION HAS NO OBJECTION TO THE PROPOSED REQUEST.AND THAT CONCLUDES THE PRESENTATION FOR BOARD OF ADJUSTMENT CASE BDA 2 3 4 DASH 0 9 1 AT 1 4 4 4 WAN A.
UH, WHILE WE DO, UH, OUR ATTORNEY HAS A HANDOUT ABOUT THIS STANDARD, ONE OF WHICH NEEDS TO GO TO THE PUBLIC RECORD THAT UP THERE.
VICE CHAIR, IF YOU DON'T MIND, I'D LIKE TO OPINE A LITTLE BIT ON THE STANDARD HERE.
UH, IT COMES OUT OF SECTION 51 A 43 11 OUT OF THE DALLAS CITY CODE, WHICH STILL IS A SPECIAL EXCEPTION FOR PARKING DEMAND.
AS MS. JORDAN NOTED THAT THERE'S ESSENTIALLY TWO ELEMENTS.
AND, UH, THAT ONE IS THAT THE PARKING DEMAND GENERATED BY THE USE DOES NOT WARRANT THE NUMBER OF OFF STREET PARKING SPACES REQUIRED.
YOU GUYS WILL NOTICE IN THE HANDOUT THAT I HAVE IN PARENTHESES AFTER THE TERM USE HOME IMPROVEMENT CENTER, THAT'S 'CAUSE WHEN I DRAFTED THIS, I DRAFTED IT, UH, IN PREPARATION FOR THE VISIBILITY OF THE NEXT CASE, WHICH IS A HOME IMPROVEMENT CENTER.
THE CURRENT CASE, UH, THE USE IS NOT A HOME IMPROVEMENT CENTER, BUT RATHER IS A RESTAURANT WITH A DRIVE-IN OR DRIVE-THROUGH SERVICE, RETAIL OFFICE AND SHOWROOM.
SO KEEP IN MIND WHEN YOU ARE ANALYZING, UM, THIS PRESENT CASE, BDA 2 3 4 0 9 1, THE, THE USE IS NOT A HOME IMPROVEMENT CENTER, BUT RATHER, UH, AS I SPOKE MOMENT AGO, A RESTAURANT WITH DRIVE-IN DRIVE THROUGH RETAIL OFFICE SHOWROOM.
SO THAT THE STANDARD, THE TWO ELEMENTS THAT YOU'RE GONNA BE LOOKING AT ARE THAT THE PARKING DEMAND GENERATED BY THE USE BEING THE RETAIL, UH, RESTAURANT DRIVE-IN ET CETERA, DOES NOT WARRANT THE NUMBER OF OFF STREET PARKING SPACES.
AND THEN THE SECOND ELEMENT IS THAT THE SPECIAL EXCEPTION WOULD NOT CREATE A TRAFFIC HAZARD OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.
SO KEEP IN MIND IT'S THAT THE SPECIAL EXCEPTION WOULD NOT CREATE A TRAFFIC HAZARD, NOT THAT THE EXISTENCE OF THE PROPERTY WOULD CREATE A TRAFFIC HAZARD.
YOU'RE HAVING TO WEIGH THAT AGAINST THE OB SAY THAT AGAIN.
IT'S THAT THE SPECIAL EXCEPTION WOULD NOT CREATE A TRAFFIC HAZARD RATHER THAN THE PRESENCE OF THE PROPERTY WOULD NOT CREATE A TRAFFIC HAZARD, RIGHT? SO IF THE PROPERTY WAS COMPLETELY VACANT, THERE WOULD BE NO TRAFFIC OR VERY LITTLE TRAFFIC BECAUSE NOBODY WOULD BE TRYING TO UTILIZE THAT PROPERTY.
AND THAT'S NOT WHAT WE'RE LOOKING AT.
WE'RE WEIGHING THAT AGAINST THE HIGHEST AND BEST USE OF THE PROPERTY.
AND SO WE'RE LOOKING AT WHETHER THE SPECIAL EXCEPTION WOULD CREATE THAT TRAFFIC HAZARD, NOT WHETHER THE EXISTENCE OR THE USE OF THAT PROPERTY.
SO IF YOU'RE LOOKING AT A VACANT PROPERTY VERSUS A PROPERTY AND YOU SAY, WELL, WE'RE GONNA HAVE A PROPERTY THERE, IT'S GONNA BE A COMMERCIAL PROPERTY.
SO OF COURSE THAT WOULD INCREASE CONGESTION.
THAT'S NOT WHAT WE'RE LOOKING AT.
WE'RE SAYING THE SPECIAL EXCEPTION WOULD CREATE THE TRAFFIC HAZARD.
AND THEN IN ADDITION, YOU'LL NOTICE ON THE HANDOUT THERE ARE THE SECTION TWO OR PART, UH, SUBPARAGRAPH TWO OF SECTION 51, 1 A 43 11 LIST D DETERMINING THINGS THAT YOU CAN LOOK AT.
SO UNDER SECTION A, IT TALKS ABOUT WILL THE, UH, EXTENT TO THE PARKING SPACES WILL BE REMOTE SHARED OR PACKED PARKING.
THE SECOND, UH, ELEMENT B WAS THAT THE PARKING DEMAND AND TRIP GENERATION CHARACTERISTICS OF ALL USES FOR WHICH THE SPECIAL EXCEPTION IS REQUESTED.
UH, ELEMENT C IS WHETHER OR NOT THE SUBJECT PROPERTY OR ANY PROPERTY IN THE GENERAL AREA IS IN A PART OF A MODIFIED DELTA OVERLAY DISTRICT.
NEITHER OF THE, UH, CASES BEFORE US TODAY, UH, NEITHER THIS ONE, UH, BDA 2 3 4 0 9 1 OR THE FOLLOWING CASE BDA 2 3 4 0 7 9 IS IN A MODIFIED OVERLAY DISTRICT.
SO THAT ELEMENT DO NOT, WE DO HAVE THAT CREDIT TO ABOUT YOU DO HAVE DELTA CREDITS, BUT IT NOT IN A MODIFIED O OVERLAY DISTRICT.
UH, ELEMENT D IS THAT THE CURRENT AND PROBABLE FUTURE CAPACITY OF ADJACENT AND NEARBY STREETS BASED ON THE CITY'S THOROUGH FAIR PLAN E THE AVAILABILITY OF PUBLIC TRANS TRANSIT, AND F THE FEASIBILITY OF PARKING MITIGATION.
AND SO, AS I SUSPECT, AND AS YOU GUYS MOSTLY MOST LIKELY SUSPECT AS WELL, THE APPLICANT WILL GET UP AND MAKE A, UH, VERY EDUCATED, UM, ADVOCATE FOR THEIR CLIENT, YOU KNOW, AND, UM, AND BE ABLE TO ILLUSTRATE THESE DIFFERENT ELEMENTS AND HOW THEY WILL AFFECT THOSE TWO, UM, ELEMENTS OF THE STANDARD THAT WERE MENTIONED.
AND I JUST WANNA GO OVER THAT.
AND YOU HAVE THE, UH, THE HANDOUT IN FRONT OF YOU.
AND SO IF THERE ARE ANY FURTHER QUESTIONS YOU CAN, UH, ASK THEM NOW OR LATER, I DO, I WANNA CLARIFY THE DISTINCTION.
YOU'RE MA IS IT TRUE THE, THE DISTINCTION YOU'RE MAKING IS ABOUT USE? YOU DON'T WANT US MAKING DECISIONS ABOUT USE ALLAH, WHAT THE ZONING IS, WHETHER IT'S RETAIL OR INDUSTRIAL OR WHATEVER.
SO FOR EXAMPLE, UH, THE VERY FACT THAT A BUILDING IS CURRENTLY IT, WERE, WERE IF YOU HAD AN EMPTY BUILDING AND THEREFORE YOU HAD NO CURRENT TRAFFIC, UH, YOU'RE CONCERNED THAT WE WOULD MAKE A DECISION BASED ON WHAT KIND OF USE IS GOING THERE.
WHAT, WHAT IS THE DISTINCTION? I DON'T FULLY UNDERSTAND IT.
I'M NOT SURE I FULLY UNDERSTAND YOUR QUESTION, BUT, UM, I, I THINK IT, IF THE LOT WAS, LET'S SAY, EMPTY AND, AND YOU, AND WE SAID, WELL, WE'RE GONNA, AND THE APPLICANT SAID, WELL, I WANNA BUILD THIS PROPERTY AND MAKE A
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COMMERCIAL PROPERTY.AND, AND YOU SAID, WELL, BY HAVING THIS COMMERCIAL PROPERTY, PEOPLE ARE GONNA USE THAT PROPERTY.
THEY'RE GONNA PARK THERE, PEOPLE ARE GONNA GO TO THIS PROPERTY THAT IS GONNA CAUSE CONGESTION, THAT IS GONNA CAUSE TRAFFIC.
THAT'S NOT WHAT THE PURPOSE OF IT IS.
THE PURPOSE IS TO SAY THAT THE SPECIAL EXCEPTION WOULD NOT CREATE A TRAFFIC HAZARD.
SO FOR EXAMPLE, THE FACT THAT IF THEY DID IT, THE SPECIAL EXCEPTION IS ACTUALLY A REDUCTION.
RIGHT? SO THE VERY FACT THAT IF THEY BUILT SOMETHING PER CODE, THAT THAT WOULD CREATE CARS IS REALLY NOT OUR CURTAIN.
BECAUSE THEN NOBODY WOULD EVER GET TO BUILD ANYTHING.
'CAUSE EVERYTHING WOULD CAUSE TRAFFIC AND THEN YOU WOULD NEVER GET UP.
BUT WHEREABOUT, THE, WE HAVE TO DECIDE THAT THE REDUCTION OF PARKING THAT IT ASKED FOR, UH, DOESN'T ESSENTIALLY CAUSE HARM TO NEIGHBORING PROPERTIES TO TRAFFIC.
ESSENTIALLY, IF THE REDUCTION OF PARKING REQUIREMENTS MM-HMM.
THAT'S WHAT YOU THAT'S CORRECT.
I THINK I UNDERSTAND IT, MR. S HOW LONG YOU WANT WATER? UH, OKAY.
THE BRIEFING PART OF THIS CASE IS CLOSED.
AND NOW, UH, BEFORE WE CALL THE NEXT CASE, UH, OR BEFORE WE WE HEAR IT, I WONDER IF I, I COULD HAVE A MOTION ABOUT OUR UNCONTESTED CASES.
MR. VICE CHAIR, I HAVE A MOTION.
MS.
AND YOU KNEW THAT, UM, THE APPLICATIONS IN RESPECT OF DEFENSE TYPE REGULATIONS IN DALLAS DEVELOPMENT CODE ALONG SAME BAY AVE AND THE SPECIAL EXCEPTIONS TO DEFENSE TYPE REGULATIONS ALONG SOUTH BEACON STREET IN THE DALLAS GOVERNMENT CODE BOTH BE GRANTED SUBJECT PROPONENT'S ION COMPLIANCE WITH TIGHT AND FENCE LOCATION REQUIREMENTS.
THOSE GREATER, THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRE IN RESPECT TO THE THREE SPECIAL EXCEPTIONS SOUGHT BY BERNARD JOHNSON IN CASE BD TWO P FOUR DASH 0 8 5, TO THE VISIBILITY OBSTRUCTION REGULATIONS IN THE DALLAS DEVELOPMENT CODE AT THE INTERSECTION OF SANTA FE AVE AT THE DRIVEWAY APPROACH OF SANTA FE AVE.
AND AT THE DRIVEWAY APPROACH ON SOUTH BEACON STREET, ALL THREE BE GRANTED SUBJECT TO THE FOLLOWING CONDITION LINES OF THE MOST RECENT BURDEN.
ALL SUBMITTED CLAIMS IN REGARDS TO THE PORTION IN VIOLATION OF THE VISUAL OBSTRUCTION TRIANGLE ARE REPLIED.
IS THERE A SECOND? I SECOND MR. MILLIKEN SECOND, UH, VICE CHAIR.
CAN I JUST GET CONFIRMATION, I WANNA MAKE SURE I UNDERSTAND MR. SLATE'S MOTION FOR PURPOSE OF, OF, UH, KEEPING A CLEAR RECORD.
UM, YOU'RE SUGGESTING ALL FIVE ARE APPROVED, OR THREE HAVE APPROVED, AND TWO, DID I MISS SOMETHING? APOLOGIES, UH, YES.
UM, BUT I TRIED TO SYNTHESIZE THEM SO THAT THE TWO FENCE HEIGHT REQUESTS, UM, THE CONDITIONED ON THE FENCE AND HEIGHT LOCATION REQUIREMENTS ILLUSTRATED THE MOST RECENT VERSION OF THE SUBMITTED SITE PLANS.
AND FOR THE THREE SPECIAL EXCEPTIONS IN RESPECT TO VISIBILITY, OBSTRUCTION, REGULATIONS, UM, EACH OF THOSE WAS COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IN REGARDS TO PORTION AND VIOLATION OF VISUAL OBSTRUCTION.
I THINK I UNDERSTAND YOU WENT WITH WHAT WAS ON THE DRAFT.
I, I MIGHT GET WITH YOU AFTERWARDS JUST TO MAKE SURE WE HAVE THE SAME THING WRITTEN DOWN.
SO THEREFORE, MARY'S RECORD KEEPING, IT'S, IT'S, UH, SOLID.
BUT THANK YOU, SIR FOR CLARIFICATION.
SHOULD STOP LETTING LAWYERS MAKE MOTIONS.
UM, DID, DID YOUR MOTION, UH, DEAL WITH OH EIGHT FOUR? YES.
AND I BELIEVE MR. MILLIKEN SECONDED THE MOTION? YES.
UH, UH, WE DO HAVE DISCUSSION ON, ON THE CONSENT AGAIN, MRS. YEAH, I JUST WANNA BE SURE THAT, UM, MR. NAVAREZ, WHEN HE WAS ON THE, ON THE LINE MENTIONED, UM, IN, IN LIEU OF THE 45 DEGREE ANGLE,
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THAT THE SUGGESTION BE MADE TO THE APPLICANT TO DO A 30 BY 30.IS THERE ANY WAY THAT WE CAN INCORPORATE THAT, UM, INTO, UM, YES.
UH, IT WOULD BE BY HEARING THE CASE.
SO THAT'S THE REASON I ASKED WHETHER ANYBODY WANTED TO PULL IT.
YOU STILL CAN'T, UH, NO, YOU CAN'T.
SO YEAH, WE ARE, WE HAVE DECIDED NOT TO, NOT TO HEAR IT AND LEAVE IT AS IT IS, BUT IF YOU WANNA TALK ABOUT IT, EITHER
MOTIONS ON THE FLOOR AND IT'S SECONDED.
DISCUSS MS. WHAT? MR. SLATE? AYE.
OKAY, SO WE'RE NOW GONNA HEAR OH NINE ONE, THEN WE'RE GONNA HEAR THE OTHER CASE THAT WE'VE ALREADY BEEN BRIEFED ON, UH, WHICH WILL THEN, UH, WHICH IS OH EIGHT SEVEN
AND THEN WE'RE GONNA GO BACK TO BRIEF HERE AND BRIEF.
THAT'S NOT CONFUSING, BUT I DO WANT TO ULTIMATELY TAKE IT AS CLOSE TO AN ORDER AS WE CAN.
THIS IS THE PUBLIC HEARING FOR BDA 2 3 4 DASH 0 9 1 1 4 4 4 OAK LAWN AVENUE APPLICATION OF JENNIFER.
HI, MOTO, FOR A SPECIAL EXCEPTION TO THE PARKING REGULATION APPLICANT, WOULD YOU PLEASE BE SWORN IN, UH, STATE YOUR NAME AND ADDRESS FOR HIM.
JENNIFER CARTO, 1 0 2 3 3 EAST NORTHWEST HIGHWAY DALLAS, 7 5 2 3 8.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
UM, THIS, UH, SORRY, THIS IS A LITTLE OUTTA ORDER.
I WASN'T EXPECTING TO BE HEARD SO QUICKLY, BUT I APPRECIATE IT.
UM, THIS IS, UM, I THINK AN EXCITING CASE TO SEE A SHOWROOM CENTER BE REDEVELOPED, BE PART OF A VIBRANT URBAN NEIGHBORHOOD THAT IS DEVELOPING, UH, VERY QUICKLY IN THIS PART OF DALLAS.
UM, THE CENTER IS VACATING, UM, SO THAT IT CAN PERFORM A REMODEL AND HAVE SOME NEW TENANTS, UM, TO HAVE A MORE, UH, DIVERSE MIX OF RETAIL, PERSONAL SERVICE, RESTAURANT AND SHOWROOM USES, UM, SO THAT IT CAN SERVE THE GROWING NEIGHBORHOOD.
UM, I'M NOT SURE IF THE, THE, UM, SITE VISIT REALLY CONVEYED AS CLEARLY AS THE SITE PLAN DOES, BUT THIS IS A SITE THAT HAS BUILDINGS ON THE PERIMETER AND A CENTRAL PARKING PORT, UM, AND WE ARE ONE OF THE LUCKY PDS THAT HAS A GENEROUS PARKING REDUCTION DUE THE SPECIAL EXCEPTION PROCESS.
SO JUST SO I CAN IS, AND, AND THIS SITE PLAN AS I OVERLAY IT WITH WHAT I, THE SATELLITE IMAGE, IT LOOKS TO ME LIKE SOME PARTS HERE IS BUILT WHERE THERE'S CURRENTLY PARKING, OR AM I MISREADING THE, THE OVERHEAD? NO, THE, THE, THIS IS A, UM, REUSE OF THE EXISTING CENTER.
SO THIS ADDITION, NO ADDITIONAL BILL.
IF THERE'S ANYTHING ADDITIONAL, THERE MAY BE A MEZZANINE ADDED WITHIN ONE OF THE LARGER SUITES, UH, SUCH AS THE RESTAURANTS.
UM, I THINK THAT'S MAYBE JUST HERE OR THERE OR FLOWS IN PATIOS, RIGHT? AND, UM, WE PROVIDED THE PATIO CALCULATIONS SINCE THIS PD DOES REQUIRE PARKING FOR THOSE AREAS, UM, JUST TO BE THE WORST CASE SCENARIO SO THAT IF THE RESTAURANTS WANT TO HAVE THAT UPPER SEATING THAT THEY CAN PROVIDE IT.
UM, SO THIS IS THE PLAN THAT I WAS REFERRING TO, UH, WITH THE, THE CENTRAL PARKING PORT.
UM, OUR MIX OF USE IS ABOUT 53% RETAIL AND PERSONAL SERVICE.
UM, AND THEN 29% RESTAURANT WITH PATIOS AND 18% SHOWROOM.
UH, JUST WANNA MAKE A CLARIFICATION FROM WHAT I HEARD EARLIER, THERE'S NO DRIVE-THROUGH RESTAURANT PROPOSED.
SO IT'S ALL WITHOUT DRIVE-THROUGH SERVICE.
UM, ALSO WE DON'T HAVE ANY DELTA CREDITS PER SE.
UM, THE PD HAS SEVERAL TYPES OF PARKING CREDITS AND REDUCTIONS AND SO FORTH THAT YOU HAVE OPTIONS TO, TO UTILIZE.
THIS IS AN ON STREET PARKING CREDIT THAT WE HAVE, NOT DELTA CREDITS.
UM, THIS IS A RENDERING OF, YOU KNOW, SOME OF THE IMPROVEMENTS THAT THEY'RE WANTING TO MAKE TO THE CENTER.
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THEN I JUST WANTED TO TALK BRIEFLY ABOUT THE NEIGHBORHOOD.UM, IF YOU CAN SEE THE RED DOTS ON THE TOP RIGHT, UM, SLIDE, THAT'S GOOGLE MAPS AND THOSE ARE RESTAURANTS.
IF YOU LOOK AT THE LOWER RIGHT HAND SIDE, HOPEFULLY IT'S BETTER VISIBLE ON YOUR SCREEN.
UM, THERE'S HOUSING NEARBY IN A HOTEL.
THIS IS PART OF THE DESIGN DISTRICT TIP AND SINCE 20 2006 IS WHEN IT WAS ESTABLISHED, THERE'S ALMOST 4,000 NEW DWELLING UNITS THAT HAVE BEEN, UM, ONLINE SINCE THEN.
UM, AND 518 HOTEL ROOMS. SO THIS IS CHANGING FROM THE TRADITIONAL DESIGN SHOWROOM AREA TO A VERY DIVERSE NEIGHBORHOOD.
UH, THIS IS MY LAST SLIDE BEFORE LLOYD JOINS US.
UM, THE RED STAR ON THE LOWER RIGHT IS THE LOCATION APPROXIMATELY.
SO WE ARE RIGHT BY THE NEW HIGHLINE CONNECTOR.
AND THIS IS, UH, A MULTIMODAL TRAIL THAT CONNECTS TO THE KA TRAIL AND THE TRINITY STRAND TRAIL.
UM, SO THAT ALTERNATIVE OVER DELOITTE.
MR. DENMAN, PLEASE BE SWORN IN.
IS THERE ANYONE ELSE HERE TO SPEAK ON THIS CASE? CAN WE SWEAR YOU ALL IN AT ONCE? MR. DOUG LEMON? UH, LLOYD DENMAN, WOULD YOU SWEAR BOTH, BOTH OF THESE PEOPLE IN MS. WILLIAMS, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
PLEASE STATE YOUR NAME AND ADDRESS AND PROCEED.
LLOYD DENMAN 29 28 WESTMINSTER DALLASES, TEXAS 7 5 2 0 5.
I'VE MADE SOME PARKING OBSERVATIONS FOR THE SITE AS WELL AS TWO SIMILAR CENTERS ADJACENT TO AND JUST NORTH OF THE SITE FOR COMPARISON PURPOSES.
AND THE GRAPHS THAT YOU SEE WILL REPRESENT MY PARKING OBSERVATIONS.
THE FIRST ONE IS A 1444 OAK LAWN ITSELF IN ITS CURRENT TODAY IN ITS CURRENT CONDITION.
AND THE ORANGE HORIZONTAL LINE ON THE TOP REPRESENTS THE NUMBER OF PARKING SPACES AVAILABLE.
AND THE BLUE BAR GRAPHS REPRESENT THE OBSERVED NUMBER OF PARKING SPACES AT DIFFERENT TIMES OF DAY AND DIFFERENT DAYS OF THE WEEK.
AND WHAT THIS SHOWS I'VE PUT IN WRITING BELOW THE OAKLAWN CENTER IS CURRENTLY UNDERUTILIZED AND EXCEEDINGLY OVER PARKED.
THERE'S ROOM TO ALLOW A MUCH GREATER DENSITY AND MIX OF USES.
IT IS NOT FULLY LEASED, YOU KNOW, BUT AGAIN, JUST TO SHOW THERE'S NOWHERE NEAR CURRENT PARKING, YOU KNOW, TO MEET WHAT'S THERE.
THE PROPOSED IS THE NEXT SLIDE TO REVITALIZE THIS EXISTING CENTER.
THE CURRENT USES OF SHOWROOM HAVE NOT KEPT PACE WITH THE MARKET, YOU KNOW, SORT OF A DYING CENTER.
SO THE NEW OWNER WANTS TO REVITALIZE BY ADDING IN SOME RETAIL AND RESTAURANT USE.
THE PLAN IS TO MAXIMIZE, AND THAT'S WHAT THESE BAR GRAPHS SHOW, MAXIMIZE THE EXISTING PARKING WITHOUT EXCEEDING IT.
UM, AND THAT, UH, HELPS ADDRESS THE ITEMS BEFORE YOU FOR A, FOR A SPECIAL EXCEPTION.
THE DEMAND WILL NOT EXCEED THE NUMBER OF SPACES, AND THAT IS WHAT WE INDEED BELIEVE.
AND THEN THAT NO, IF YOU GRANT THE SPECIAL EXCEPTION, NO HAZARD TO THE PUBLIC RIGHT OF WAY WOULD OCCUR.
THE CENTER FACING PROPERTY IMMEDIATELY TO THE NORTH, ADJACENT TO THE NORTH IS THE DECORATIVE CENTER.
YOU MAY BE FAMILIAR WITH THAT.
IT HAS ALREADY BROUGHT IN A MIX OF, USES SOME RESTAURANTS TO HELP READ REVITALIZE ITS, UM, OPERATION.
AND THE PARKING OBSERVATIONS I MADE ARE FOR IT, ARE ILLUSTRATED ON THIS SLIDE.
AND YOU CAN SEE THAT WITH THREE RESTAURANTS, VALET PARK, THE EXISTING PARKING AVAILABLE WITHIN THE SITE IS NOT EXCEEDED.
AND SO, AGAIN, THIS IS SOMETHING SIMILAR TO WHAT 1444 IS, IS HOPING TO DO AS MATTER OF FACT, THE DECORATIVE CENTER,
[00:35:01]
IT COULD ADD SOME DENSITY WITHOUT EXCEEDING THE PARKING ON SITE.AND THE NEXT SLIDE, THERE'S ANOTHER SIMILAR CENTER AT OAK LAWN AND SIMMONS AND I MADE OBSERVATIONS THERE AS WELL.
IT ALSO HAS SHOWROOM USES AND RESTAURANTS AND SOME RETAIL AS WELL.
AND IT HAS BEEN REVITALIZED IN A SIMILAR FASHION.
YOU CAN SEE THAT THE RESTAURANT USE ON THE WEEKEND, THE PEAK ON THE WEEKEND, ACTUALLY EXCEEDED THE EXISTING NUMBER OF SPACES AVAILABLE.
AND IT'S LIKE, HOW COULD THAT HAPPEN? AND IT WAS NOT DUE TO SPILLOVER PARKING.
IT WAS BETTER UTILIZED INTERNAL PARKING AS A RESULT OF THE VALET DOUBLE STACKING AND ADDING CARS WHERE THEY COULD, IF THAT MAKES SENSE.
THAT'S, THAT'S WHY THAT GRAPH EXCEEDS THE EXISTING NUMBER OF MARKED SPACES.
YOU KNOW, THE VALET WAS CREATIVE INTERNAL TO ITS OWN SITE.
AND I WILL SAY ALL OF THESE OBSERVATIONS CHARTS THAT YOU JUST LOOKED AT, NO PUBLIC PARKING, NO PUBLIC RIGHT OF WAY, PARKING WAS INCLUDED.
THESE ARE INWARD FACING CENTERS WITH MARKED PARKING SPACES INTERNAL TO THE SITE.
SO THERE WAS ZERO SPILLOVER PARKING, AND THAT'S THE INTENT OF 1444 OAK BAR.
AND LAST SLIDE THERE, THERE WAS A PARKING STUDY SUBMITTED IN YOUR PACKET.
AND THESE ARE SOME HIGHLIGHTS THAT I AND HAVE PULLED JUST FROM THAT STUDY.
REMEMBER, THE PD ITSELF HAD SOME FORESIGHT AND VISION TO SEE THAT URBAN DENSITY WOULD INCREASE AND MADE ALLOWANCE FOR A SPECIAL EXCEPTION OF UP TO 50% REQUIRED PARKING.
SECOND MAIN POINT, THE 1444 OAK LAWN CENTER CAN BETTER UTILIZE ITS EXISTING PARKING WITH A BALANCE, A RIGHT-SIZED BALANCE OF USES.
THAT'S, THAT'S WHAT THE NEW OWNER IS LOOKING FOR WITHOUT IMPEDING OR CREATING A, A HAZARD TO THE PUBLIC RIGHT OF WAY.
AND THEN LASTLY, THE PARKING DEMAND TO ADDRESS, YOU KNOW, IS THE PARKING DEMAND REALISTIC THAT THE PD CALLS FOR.
AND, AND I THINK BASED ON THE URBAN DENSITY, WE DON'T BELIEVE THAT DEMAND IS IS REALISTIC OR THERE THE NEIGHBORHOOD IS WALKABLE.
TODAY, THERE'S LYFT, UBER ALTO, THE VIRGIN HOTEL HAS A SHUTTLE THAT CAN BRING PEOPLE TO THE RESTAURANTS.
AND BY THE WAY, THE RESTAURANTS ARE THE PRIMARY DRIVER OF THE PARKING.
YOU KNOW THAT ON THOSE NUMBERS.
PEOPLE RIDE BIKES, E-BIKES, THERE'S PUBLIC PAY LOTS.
WE DON'T BELIEVE THAT DEMAND AS PUT FORTH IN THE PD IS REALISTIC, YOU KNOW, AND ALL THESE, UH, URBAN DENSE NEIGHBORHOOD, UM, TRANSPORTATION OPTIONS HELP LOWER THAT TO ME.
AND WITH THAT, JENNIFER AND I BOTH WE'LL TAKE QUESTIONS AND THEN IT LOOKS LIKE WE DO HAVE A SPEAKER AND SUPPORT.
I DON'T KNOW WHAT ORDER YOU WANT TO, IF YOU WANT TO ASK JENNIFER ANY QUESTIONS NOW OR HEAR ARE THE OTHER SUPPORT.
UH, WELL IT'S, IT'S UH, THE APPLICANT'S TIME.
UH, HOW ARE WE DOING? UH, PROBABLY OVER, BUT I SAID IT'S OKAY TO GO OVER.
UM, MS. WILLIAMS, WE'RE PAST FIVE MINUTES FOR SURE.
RIGHT? UM, SO IN TERMS OF HOW YOU, LET'S NOT TALK FOREVER, BUT, UM, UH, YEAH, LET'S LET MR. VINCENT, LET'S GIVE HIS PITCH AND THEN WE'LL ASK ANSWER QUESTIONS.
UH, THANK YOU MR. CHAIR AND BOARD MEMBERS.
MY NAME IS JONATHAN VINCENT, 2323 ROSS AVENUE.
UM, WE ACTUALLY REPRESENT ANOTHER MAJOR PROPERTY OWNER IN THE DISTRICT, WHICH IS H AND CAPITAL.
UM, WE'RE HERE TODAY IN SUPPORT OF THIS REQUEST.
UM, I THINK IT MAKES A TON OF SENSE, MR. CHAIR.
HE DID NOT SWEAR, GET SWORN IN.
HE HE STOOD UP BACK THERE WHEN YOU SWORN IN.
UM, SO I MEAN, THIS IS, THIS IS AN EXISTING MIXED USE ENVIRONMENT.
I, I, AS I SAID IN MY LETTER TO YOU, I THINK THE PD HAS BEEN VERY SUCCESSFUL.
I THINK THE CITY GOT IT RIGHT, UH, WHEN THIS PD WAS DONE ABOUT 20 YEARS AGO.
AND THE RESULT HAS BEEN AN INCREASINGLY WALKABLE, INCREASINGLY MIXED USE ENVIRONMENT, WHICH I THINK IT, IT HAS A GREAT FABRIC IN THE NEIGHBORHOOD, UM, UM, OF THE OPINION THAT REQUIRING TOO MUCH PARKING, UM, ACTUALLY IS DETRIMENTAL TO WALKABILITY AND TO THE FABRIC OF A NEIGHBORHOOD.
AND I THINK THIS IS A GOOD EXAMPLE OF THAT.
YOU KNOW, YOU HAVE A CREDIBLE STUDY THAT SAYS THAT THE 363 SPACES IS MORE THAN ADEQUATE.
UM, BECAUSE OF ALL THE FACTORS THAT HAVE BEEN DESCRIBED, YOU KNOW, THAT A LOT MORE PEOPLE LIVE IN THE DESIGN DISTRICT.
A LOT MORE PEOPLE STAY IN HOTELS IN THE DESIGN DISTRICT THAN THEY DID, YOU KNOW, 15, 20 YEARS AGO.
[00:40:01]
NEIGHBORHOOD, THESE ARE RESTAURANTS THAT THEY CAN WALK TO.I THINK THAT'S WHAT WE WANNA FOSTER MORE AND MORE OF IN DALLAS.
DON'T HAVE ENOUGH OF THAT NOW.
SO I, IN SUMMARY, I THINK THIS MAKES A LOT OF SENSE.
I THINK THE STUDY DEMONSTRATES THAT THIS IS MORE THAN ENOUGH PARKING, YOU KNOW, THE MIX OF USES.
THE, THE RESTAURANTS WILL PROBABLY BE MORE PEAK HOUR IN THE, IN THE EVENING, MAYBE SOME AT LUNCH, YOU KNOW, OFFICE SHOWROOM WAREHOUSE, THAT'S VERY LOW PARKING DEMAND GENERATION.
SO I, I THINK THIS WORKS WELL.
UM, THE CITY'S OWN ENGINEER HAS NO OBJECTION TO THIS.
SO, UM, YOU KNOW, IN MY OPINION, IT MEETS THE STANDARD, UH, THAT'S REQUIRED IN THE CODE.
UM, YOU KNOW, THE DEMAND DOES NOT WARRANT THE AMOUNT OF SPACES THAT OTHERWISE WOULD BE REQUIRED.
SO I WOULD RESPECTFULLY ASK YOU APPROVE THIS.
DID YOU HAVE ONE
UM, THE FIRST WAS FOR THE OTHER TWO COMPARABLE CENTERS, WERE THE AVAILABLE SPACES LIKEWISE REDUCED VIA SPECIAL EXCEPTION OR WAS THAT, UH, UH, RATIO OF SPACES REQUIRED BY THE USE AND SIZE OF THE CENTER? SO, THAT'S A GREAT QUESTION AND I HAVE THAT SAME QUESTION.
I, I I CAN ADD ONE INTERESTING OBSERVATION THOUGH.
PER SQUARE FOOTAGE OF EXISTING BUILDING 1444 HAS THE MOST PARKING.
UM, NEXT QUESTION, IN TERMS OF HOW THE NUMBERS WERE TABULATED, WAS THAT AN INDIVIDUAL OR INDIVIDUAL DOING SORT OF A PERSONAL, UH, COUNTING OF IT? OR DID YOU USE SOME TYPE OF ELECTRONIC TOOL? IT WAS ME.
THEN YOU CAN ANSWER THE NEXT QUESTION, WHICH WAS, UH, OBVIOUSLY ONE OF THE, THE FACTORS WE NEED TO TAKE INTO ACCOUNT IS ABOUT A TRAFFIC HAZARD OR INCREASE OF CONGESTION ON ADJACENT AND NEARBY STREETS.
DID YOU OBSERVE, UH, EVEN DURING PEAK TIMES THAT FOR THESE OTHER TWO COMPARABLE CENTERS, THAT THERE WAS ANY SORT OF ADDITIONAL TRAFFIC HAZARD OR CONGESTION EVEN DURING THEIR PEAK TIME? NO, I DID NOT.
AND IT'S INTERESTING ON 1444, OAKLAWN ITSELF IS NO PARKED ON BOTH SIDES.
SO THANK YOU MR. VICE CHAIR MY QUESTIONS.
UM, YOU CAN DECIDE WHO, WHO CORRECTLY I HAVEN'T READ THE PD 'CAUSE WE'RE NOT ALLOWED TO DO OUR OWN RESEARCH, HAVE WE? SO WHEN YOU SAY THE, THE PD CONTEMPLATES A 50% SPECIAL EXCEPTION, IT IS THAT TO SAY THAT THERE'S ALREADY A 50 50% DATE IN, OR, I MEAN, IT, IT'S, IT'S ALL, I MEAN, ANYBODY CAN ASK FOR A SPECIAL EXCEPTION.
YOU DON'T NEED PD TO ASK THAT.
SO ARE YOU SAYING THAT, THAT WHEN THEY WROTE THE PD, THEY CREATED 50% AND SAID, WE'LL BASICALLY ALLOW UP TO 50% ON THE STANDARD OF A SPECIAL EXCEPTION INSTEAD OF A VARIANCE? OR WHAT, WHAT DO YOU MEAN? SO, PD 6 21 IS A CITY SPECIAL PURPOSE DISTRICT.
SO THIS WAS AN AREA THAT THE OWNERS SAID, HEY, CITY, WE NEED A PD.
'CAUSE WE HAVE UNIQUE SITUATION.
A LOT OF IT WAS THE OLD RAIL BEDS THAT WANTED TO BE UTILIZED.
AND, UM, I THINK THIS IS PROBABLY ONE OF THE MOST FREQUENTLY REVISITED PDS SINCE I'VE BEEN IN DALLAS, SINCE 2004.
UM, SO THEY'VE KIND OF GROWN IN THEIR VISION AND IN THEIR ABILITY TO MAKE THOSE REDUCTIONS, UM, AND BAKE THEM INTO THE PD.
SO THERE'S A VARIETY OF THINGS.
THE DELTA CREDITS, WHICH MOSTLY BENEFITS THOSE SMALLER SHOWROOM KIND OF USES THE, THE LITTLE GUYS.
UM, THERE'S, UM, SOME SITE SPECIFIC REDUCTIONS THAT WERE NOT IN THAT VICINITY.
UM, SO IT IS A VERY ROBUST PD FOR PARKING.
IF I ANSWERED YOUR QUESTION WELL VISION, I DON'T, I WAS NEVER A PLANNER ON THOSE CASES.
I'M JUST TRYING TO UN UNDERSTAND WHAT YOU MEANT.
MAYBE LET ME GET AT IT A DIFFERENT WAY.
WHEN, UH, PARKING IS CALCULATED IN THIS PD, IS IT DONE IN THE TRADITIONAL ONE PER HUNDRED RESTAURANT, ONE FOR 200 RETAIL? OR IS THERE AN OVERARCHING, LIKE SOMETIMES YOU SEE ONE FOR TWO 50? YEAH.
HOW, HOW ARE THEY DONE? SO THEY, THEY DID, UM, MODIFY CERTAIN USES.
UM, RESTAURANT WAS ONE, MULTIFAMILY ONE.
UM, SO MULTIFAMILY, FOR EXAMPLE, IS ONE AND A HALF SPACES FOR JOINING IT.
THEY'RE GONNA APPLY HERE, BUT, UH, OFFICE INSTEAD OF ONE TO 3 33 IS ONE TO 3 58 MM-HMM.
UM, BUT YOU ALSO REQUIRE, UM, UM, RIGHT, THIS, UH, I JUST THINK IT'S INTERESTING ONE PER 1 0 5 AS OPPOSED TO ONE PER HUNDRED.
SO THAT, THAT'S PART OF WHY I THINK, UM, THIS IS A GOOD OPPORTUNITY FOR, AND A GOOD TOOL FOR US TO USE IN THIS
[00:45:01]
SPECIAL EXCEPTION BECAUSE WE ARE PROVIDING SUCH A MIX OF USES 1 0 5.I THINK I UNDERSTAND, BUT WHAT YOU'RE SAYING IS WE DIDN'T START OUT WITH A 50% REDUCTION.
WE'RE TALKING ABOUT WHAT AMOUNTS TO REDUCTION ON TOP, RIGHT? THERE'S, THERE'S VARIOUS REDUCTIONS THAT ARE BUILT IN AND SOME VARIOUS CREDITS, BUT IT'S, IT'S A BROAD AREA TOO.
IT'S NOT JUST THIS AREA, THIS, THIS
UM, IF, WOULD IT BE APPROPRIATE TO CLARIFY THAT WE ARE HOPING TO PROVIDE RETAIL AND PERSONAL SERVICE USES WITHIN THE, THE PROPERTY SO THAT THERE COULD BE, YOU KNOW, A BARBER OR SALON OR THOSE TYPE OF THINGS THAT WOULD SERVE A NEIGHBORHOOD.
UM, SO IN YOUR MOTION, IF YOU WERE TO APPROVE THAT, IT'S THE RETAIL CATEGORY, UM, NOT JUST GENERAL MERCHANDISE.
THAT WAS OUR INTENT WAS TO HAVE A BROAD MIX OF USES.
WELL, WHAT DOES THE REQUEST SAY? THAT'S, THAT'S WELL JUST SAYS.
WE'LL, UM, I ASSUME THIS YOU COMMUNICATED.
UH, ARE THERE SPEAKERS IN OPPOSITION? NO, THE SPEAKERS REGISTER, SIR.
UM, I'LL GIVE YOU THE OPTION TO COME, YOU KNOW, ABOUT YOURSELF.
UH, HAVE, ARE WE OKAY? THANKS.
CLOSE THE, THE HEARING AND TAKE A MOTION.
UH, VICE CHAIR ACKMAN, I HAVE A MOTION.
I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 9 1 ON APPLICATION OF JENNIFER RITO.
GRANT, THE REQUEST OF THIS APPLICANT TO PROVIDE 363 OFF STREET PARKING SPACES TO THE OFF STREET PARKING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES 661 OFF STREET PARKING SPACES BECAUSE OUR EVALUATION OF THE PROPERTY USE AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT INCREASE TRAFFIC HAZARDS OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.
AND THE PARKING DEMAND GENERATED BY THE USE DOES NOT WARRANT THE NUMBER OF REQUIRED PARKING SPACES.
THIS SPECIAL EXCEPTION IS GRANTED FOR A RESTAURANT WITHOUT A DRIVE IN OR DRIVE THROUGH SERVICE RETAIL OFFICE OR SHOW THEM, I FURTHER MOVE THE FOLLOW CONDITION BEING IMPOSED TO FURTHER THE PURPOSE AND INTENT OF DALLAS DEVELOPMENT CODE.
THE SPECIAL EXCEPTION OF 298 SPACES SHALL AUTOMATICALLY AND IMMEDIATELY TERMINATE IF AND WHEN THE PROPOSED USE IS CHANGED OR DISCONTINUED.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
I HAVE A CLARIFYING QUESTION, BUT YOU SAID, UH, THE MOTION ALLOW FOR RETAIL WITHOUT DRIVE-THROUGH COMMA SOMETHING, SOMETHING ELSE, RIGHT? SO YOU MEAN RETAIL WITHOUT DRIVE-THROUGH NOT RETAIL, WITHOUT DRIVE-THROUGHS AND TWO OTHER THINGS.
RIGHT? DO YOU MEAN THAT IT IT IS MEANT TO INCLUDE THE NEXT THING? YES.
TO CLARIFY THE PROPOSED USES COULD BE, UM, ONE OR MORE OF ONE A RESTAURANT WITHOUT A DRIVE-IN OR DRIVE-THROUGH SERVICE TWO RETAIL THREE OFFICE OR FOR JOE.
AND AGAIN, IT COULD BE SOME COMBINATION THERE, RIGHT? IS THERE A SECOND? SINGTON? MR. SINGTON SECOND DISCUSSION, MR. SLAVE? UH, I FELT LIKE THE APPLICANT WAS ABLE TO JUSTIFY THE NEED AND THE TESTIMONY AND EVIDENCE BEFORE US INDICATES THAT IT WOULD, UM, SATISFY THE STANDARD TO BE
UH, I DON'T, UH, YOU KNOW, WE LOOK AT IT, YOU'RE A LITTLE WORRIED IT BECOMES SOMETHING LIKE LAKEWOOD VILLAGE, BUT THE DIFFERENCE BETWEEN SAY THAT CASE AND THIS IS YOU DO HAVE, UH, REASONABLE AMOUNT OF APARTMENTS AND, UH, UH, WALKABLE OFFICE.
UM, I, I'M ALWAYS SENSITIVE WHEN WE DO THIS BECAUSE FOR EVERY ONE WE DO LIKE THIS, IT MAKES IT LESS LIKELY THAT THE NEXT ONE GETS DONE BECAUSE THERE'LL BE MORE USE.
BUT THAT'S NOT WITHIN OUR PURVIEW.
I DON'T HAVE ANY REASON TO SEE, UH, I DID READ THE LETTER IN OPPOSITION, BUT I THINK BECAUSE IT'S CONTAINED, IT'S A BIG LOT.
UM, UH, AND I I HAVE A MR. DENMAN'S TESTIMONY.
I DON'T, I DON'T THINK WE'RE UE HARMING MAY BREAK UP.
OH, MR. S UH, WELL, NOT THAT I HAVE MUCH
[00:50:01]
TO SAY, BUT, UH, COUNSEL GAVE US SOME ADDITIONAL, UM, INFORMATION EARLIER.IN THE EXCEPTION DOES NOT CREATE A HABIT.
I MEAN, BY GRANTED THIS EXCEPTION ALONE DOES NOT CREATE AN ADDITIONAL HAZARD.
SO I, AND, AND, YOU KNOW, TO THE TESTIMONY OF THE APPLICANT, THEY'RE ABLE TO, UM, CONVINCE ME THAT IT DOESN'T CREATE ANY ADDITIONAL HARDSHIP TO ANY SURROUNDING PROPERTY.
SO WE'RE ESSENTIALLY SAYING GREENS OVER ON, RIGHT? IS THAT RIGHT? OKAY.
UH, NEXT CASE IS BD 2 3 4 DASH 0 8 7 8 7 3 ANGORA STREET.
IF YOU'RE HERE TO SPEAK ABOUT THAT, EITHER FOR OR AGAINST, WOULD YOU STAND INM BE SWORN IN.
ONCE YOU SWORN IN, PLEASE STATE YOUR NAME AND ADDRESS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
87 0 3 AGORA, DALLAS, TEXAS 7 5 2 1 8.
UH UH, WE GOT AN AIRPLANE AND A AND A CLONE TIRE.
WELL, THANK YOU ALL FOR BEING HERE.
UH, I'D LIKE TO JUST SHED SOME LIGHT ON OUR PROJECT THAT WE'D LIKE TO DO.
UM, THIS IS, UM, AN EXISTING, UH, BUILDING IN THE BACK OF OUR, UM, IN THE BACK OF OUR PROPERTY THAT WAS AN OLD, UM, GARAGE.
SO WE'RE JUST ADDING ONTO THAT FOR MY MOTHER, UM, TO, TO MOVE INTO AND, UM, BE A PART OF, YOU KNOW, RAISING OUR LITTLE GIRL AND ET CETERA.
UM, SO WE DO PLAN TO STAY AT THE PROPERTY, UM, SO THAT OUR DAUGHTER CAN GO TO THE LOCAL ELEMENTARY.
UM, OUR NEIGHBORHOOD IS, UM, QUITE UNIQUE.
UH, LITTLE FOREST HILLS, UM, HAS A LOT OF ADUS IN THE NEIGHBORHOOD.
UM, THE HOUSES FOR THE MOST PART ARE PRETTY SMALL.
I KNOW THAT'S, UM, ODD FOR THIS, FOR THIS CITY, BUT, UM, AND THAT'S WHY, UH, THERE WAS A QUESTION EARLIER ABOUT ADDING, YOU KNOW, 125 SQUARE FEET TO THE MAIN HOUSE TO, UM, MEET THE SECOND, UH, VARIANCE AND THAT WE'RE ASKING FOR.
AND I JUST THINK THAT AFTER STUDY OF THE HOUSE, IT'S JUST, WE WOULD LIKE TO KEEP IT AS SMALL AS WE CAN.
UH, 'CAUSE 125 SQUARE FEET IS, IS ABOUT 10% OF THE CURRENT HOUSE.
SO, UM, IT DOES MAKE A DIFFERENCE.
UM, AND JUST ANOTHER THING IS THAT, YOU KNOW, MY, ACROSS THE STREET NEIGHBOR, SHE HAS A STUDIO OVER HER GARAGE.
UM, SO THAT'S PRETTY LOCALIZED TO OUR STREET.
AND THEN JUST A QUICK LOOK AT SOME OF THE OTHER, UM, PROPERTIES AROUND, THERE'S TWO OR THREE WITHIN, YOU KNOW, A COUPLE BLOCKS THAT, UM, THAT ARE STUDIOS AND APARTMENTS.
YEAH, WE UH, I KNOW WE DO, BUT MR. S CAN YOU OKAY.
UH, I HAVE, SO YOU HAVE, YOU HAVE TWO REQUESTS.
ONE IS THE RIGHT TO HAVE THE A DU CORRECT.
WHICH IS A SPECIAL EXCEPTION AND A PRETTY LOW STANDARD.
THE VARIANCE REQUEST, WHICH IS TO HAVE IT IN A CERTAIN SITE IS A TOUGH STANDARD.
UM, AND IT'S ONE THAT, THAT WE HAVE A, A LOT LESS LEEWAY ON.
UH, AND THE REASON I THINK YOU WERE HEARING THAT QUESTION IS BECAUSE THIS IS THE STANDARD THE STAFF OBJECTED TO.
UM, UH, BECAUSE WITH THOSE, UH, ONE OF THE SIZE DIFFERENCES, YOU DON'T EVEN HAVE TO ASK FOR THAT.
[00:55:01]
NEED US.AND AS MUCH AS WE KNOW YOU'RE HAPPY TO BE HERE, NOT MEETING US IS PROBABLY NUTS
UM, UH, SO JUST, I, I WANNA, I THINK YOU UNDERSTAND THAT.
UM, DO YOU IT'S IN MY PACKAGE, SO I'M TRYING TO FIGURE OUT THE SIZE OF THE LOT.
UM, DO YOU KNOW NO
ALL I'M TRYING TO DO IS GET TO LOT COVERAGE.
IT'S A LOW LOT COVERAGE WE DO.
UM, NO, UM, THE STAFF'S, UH, POSITION IS, IS THAT YOUR LOT IS NOT UNLIKE OTHER LOTS.
UH, DO YOU HAVE, FOR EXAMPLE, UM, A MAP THAT HAS THE DIMENSIONS OF WHAT YOU WOULD CONSIDER TO BE SIMILAR, LOTS, FOR EXAMPLE, THAT MIGHT HAVE SIMILAR LOT COVERAGE? UH, COULD THERE A WAY YOU COULD MAKE AN ARGUMENT THAT YOUR LOT IS DIFFERENTLY SHAPED THAN OTHERS? YES, IT IS DIFFERENTLY SHAPED, BUT IN SUCH A WAY AS TO RESTRICT YOUR ABILITY TO BUILD SOMETHING THAT OTHERS COULD, COULD IT IS DIFFERENT IN THE FRONT, NOT THE BACK.
UM, HOW IN THE FRONT IT IS, IT'S UM, IT'S CURVED.
IT'S PART OF A CURVE OF THE STREET.
UM, BUT IN THE BACK, IT, IT IS, DO YOU THINK THAT THAT CURVE IN THE FRONT MAKES IT, UH, MAKES IT HARDER FOR YOU TO, UM, SITUATE, UM, A HOUSE THAT SAY MIGHT FIT ON SIMILAR PROPERTIES? DO YOU THINK IT RESTRICTS YOUR ABILITY TO BUILD, DOES IT RESTRICT YOUR ABILITY TO SAY, BUILD YOUR HOUSE BIGGER OR THE BACK HOUSE SMALLER BY, BY VIRTUE OF THE SIZE AND SHAPE AND THE DIFFERENCE IN YOUR LOT FROM OTHERS? I WOULD SAY YES.
UM, THE, THE SETBACK REQUIRED, UM, DOES THE CURVE.
AND SO I WOULD BE ABLE TO BUILD, YOU KNOW, THE MAIN HOUSE BIGGER IN THE DIRECTION OF THE STREET IF I DIDN'T HAVE THAT CURVE.
SO, UM, ARE, ARE YOU SAYING THAT THE CURVATURE OF THE STREET, WHICH FORCES YOUR PROPERTY TO BE FURTHER BACK THAN MAYBE THE PROPERTY NEXT TO YOU THAT CURVATURE CAUSES YOU TO HAVE TO YOUR PROPERTY TO BE SET BACK FURTHER THAN OTHER PROPERTIES AND THEN SUBSEQUENTLY CAUSING WHAT YOU WANT TO DO WITH WHAT YOU'RE REQUESTING TO NEED, WHAT YOU COME IN TO ASK FOR TODAY, IS THAT, IS THAT YOUR TESTIMONY? Y YES.
SO DOWN THE, YOU KNOW, EVEN RIGHT NEXT DOOR TO US AND THEN EVEN THIS HOUSE NEXT TO, YOU KNOW, TWO STREETS OVER, OR TWO HOUSES OVER, SORRY.
THEY'RE FOR, YOU KNOW, THEY'RE FURTHER FORWARD TO THE STREET THAN WE ARE.
UM, SO, SO THE RESTRICTION OF THE CURVATURE, UM, IS CAUSES, CAUSES, CREATES THAT, UM, DIFFERENCE BETWEEN YOUR PROPERTY AND YOUR NEIGHBOR'S PROPERTY? CORRECT.
UH, I DON'T, I ASSUME THEY'RE NOT SPEAKERS AGAINST OR NOT, THERE'S ALL THE SPEAKERS REGISTERED, SIR.
I, I ASSUME YOU HAVE SAID WHAT YOU WANNA SAY.
YOU, YOU TECHNICALLY HAVE A REBUTTAL IF YOU'D LIKE TO, YOU CAN USE IT, BUT, OKAY.
UM, THAT SAID, UH, MAY I HEAR A MOTION?
[01:00:03]
I'LL MAKE IT, UM, I MOVE THAT THE BOARD OF ADJUSTMENT IN REQUEST MEMBER BDA 2 3 7 DASH OH EIGHT SEVEN.UH, I WANNA MAKE SURE I'M, I'M MAKING THE CORRECT MOTION.
UM, WHERE'S MY SPECIAL EXCEPTION MOTION? OH, THAT'S SO, OKAY.
UH, IN THE CASE OF UH, 2 3 4 DASH OH EIGHT SEVEN ON APPLICATION OF CATHERINE GOWAN GRANT THE REQUEST TO CONSTRUCT AND MAINTAIN AN ADDITIONAL DWELLING UNIT ON THE SITE DEVELOP OF THE SINGLE FAMILY STRUCTURE AS A SPECIAL EXCEPTION TO SINGLE FAMILY USE REGULATIONS IN THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED THE APPLICANT MUST DEED RESTRICT THE SUBJECT PROPERTY, PREVENT THE USE OF THE ADDITIONAL DWELLING UNIT AS A AS RENTAL ACCOMMODATION.
YOUR ARGUMENT ALL SECOND, MR. SLATE SECOND.
SO THIS IS THE MOTION TO ALLOW THE A DU COMMENTS.
UH, I FELT THE APPLICANT SATISFIED THE STANDARD HEREBY IDENTIFYING THAT IT DIDN'T ADVERSELY AFFECTING OUR OWN PROPERTY.
AND JUST BY LOOKING AT THE SITE PLAN, THERE'S DOESN'T EVEN LOOK AS THOUGH YOU'D BE ABLE TO SEE IT FROM ANY PARTICULAR AREA, ET CETERA.
SO FELT IS SUPPORTING THIS ONE.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B BDA 2 3 4 DASH OH EIGHT SEVEN ON APPLICATION OF CATHERINE GOWAN GRANT, THE 31 SQUARE FOOT VARIANCE TO THE FLOOR AREA RATIO REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT THAT FURTHER MOVED THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SITE PLANS IS REQUIRED.
IS THERE SEC? ALL SECOND MR. SLATE SECONDS.
THIS IS A HARDER STANDARD, UH, WAS CONVINCED BY THE APPLICANT'S TESTIMONY THAT THE, UH, CURVATURE, UH, OF HER LOT, UH, MAKES IT MORE DIFFICULT THAN THE MOST AVERAGE OF LOTS FOR HER TO BILL.
I WAS ALSO PERSUADED THAT, UM, SHE COULD HAVE MOED THIS PARTICULAR ISSUE BY ADDING SQUARE FOOTAGE TO HER HOUSE AND THE BURDEN ASSOCIATED WITH HER COURTS WITH SORT THAT EXPENSE IN TIME AS WELL.
UM, AND THE DESIRE NOT TO HAVE TO UNDERGO THAT IT TO PENALIZE THE HAS EXISTING SITE.
IT'S NOT THE NORMAL KIND OF QUESTION.
WE'RE ASK OTHER COMMENTS, MS. WILLIAMS? MR. S AYE.
UM, ALRIGHT, NOW WE GO BACK TO BRIEFING.
UH, THIS IS, UH, BDA 2 3 4 DASH 0 7 9 9 3 3 3 4 EAST RL THORNTON FREEWAY.
UH, REQUEST AN APPLICATION OF JORDAN CORBETT FOR A SPECIAL EXCEPTION TO THE PARKING REGULATIONS.
AND AGAIN, HERE IS A QUESTION WHERE WE ASK ABOUT HAVING FOUR PEOPLE AS OPPOSED TO FIVE, JUST KNOWING ONE VOTE MEANS NO ONE NO VOTE MEANS NO.
SO ARE THERE SPEAKERS IF, IF FOUR OR AGAINST THE APPLICANT'S? OH, I'M SORRY.
[01:05:03]
HAS THE APPLICANT INDICATED THAT THEY WOULD LIKE TO POSTPONE IT? UH, WE STILL HAVE TO BRIEF IT, BUT KNOWING THAT HELPS WE DO THAT ORDER OF ADJUSTMENT CASE BDA 2 3 4 DASH 0 7 9 AT 9 3 3 4 EAST HORNE FREEWAY WITH THE DEVELOPMENT SERVICES PRIMARY METRIC FOR 47 DAYS.SO THE LOCATION OF THE SUBJECT SIDE IS DENOTED BY THE YELLOW STAR ON THE CITY OF DALLAS MAP AND IT IS NORTH OF SAMUEL BOULEVARD, SOUTH OF I 30 FRONTAGE ROAD EAST OF ST.
FRANCIS AVENUE AND WEST OF BIG TOWN BOULEVARD.
THE AERIAL MAP IS TO YOUR LEFT AND IT HAS A SUBJECT SITE OUTLINED IN BLUE AND THE ZONING MAP IS TO YOUR RIGHT AND IT HAS A SUBJECT SITE HIGHLIGHTED IN YELLOW.
AND, UH, THE SUBJECT SITE IS LOCATED IN THE RR ZONING DISTRICT, WHICH STANDS FOR REGIONAL RETAIL.
SO IN TOTAL, 12 PROPERTY OWNERS WERE NOTIFIED.
ONE SECOND, ONE SECOND, I'M GONNA PULL THIS OFF THE SCREEN.
BOARD OF JESSICA CASE BDA 2 3 4 DASH 0 7 9 AT 9 3 3 4 EAST R THORNTON FREEWAY WITH THE DEVELOPMENT SERVICES PRIMARY METRIC OF 47 DAYS.
THE LOCATION OF THE SUBJECT SIDE IS DENOTED BY, BY THE YELLOW STAR ON THE CITY OF DALLAS MAP AND IT'S NORTH OF SAMUEL BOULEVARD, SOUTH OF I 30 FRONTAGE ROAD EAST OF ST.
FRANCIS AVENUE AND WEST OF BIG TOWN BOULEVARD.
SO THE AERIAL MAP IS TO YOUR LEFT AND IT HAS THE SUBJECT SITE OUTLINED IN BLUE AND THE ZONING MAP IS TO YOUR RIGHT AND IT HAS THE SUBJECT SITE HIGHLIGHTED IN YELLOW.
AND THE, UM, SUBJECT SIDE IS LOCATED IN THE RR, WHICH, UH, ZONING DISTRICT, WHICH STANDS FOR REGIONAL RETAIL.
SO IN TOTAL, FIVE PROPERTY OWNERS WERE NOTIFIED, OH, IN TOTAL PROP FIVE, UM, PROPERTY OWNERS WERE NOTIFIED.
WE RECEIVED ZERO LETTERS OF SUPPORT AS WELL AS ZERO LETTERS OF OPPOSITION WITHIN THE 200 FOOT RADIUS.
THE SUBJECT SITE HAS STREET FRONTAGE OFF OF THREE SEPARATE STREETS.
THE, UM, FIRST BEING I, OR ACTUALLY THEY HAVE IT'S, IT HAS STREET FRONTAGE OFF OF TWO SEPARATE STREETS, BUT THERE WERE, UM, SEVERAL NOTIFICATION SIGNS.
UM, AND YOU CAN SEE HERE THAT ALL THE NOTIFICATION SIGNS WERE PROPERLY POSTED.
IN TOTAL IT'S ONE DEVIATION, WHICH IS A REQUEST FOR THIS, UH, FOR A SPECIAL EXCEPTION TO THE OFF STREET PARKING REGULATIONS, THE APPLICANT IS PROPOSING TO CONSTRUCT AND OR MAINTAIN A NON-RESIDENTIAL STRUCTURE FOR A HOME IMPROVEMENT CENTER AND PROVIDE 422 OF THE REQUIRED 512 PARKING SPACES, WHICH WILL REQUIRE A 90 SPACE SPECIAL EXCEPTION TO THE PARKING REGULATIONS, WHICH IS, UH, EQUIVALENT TO AN 18% REDUCTION.
AND THE RELEVANT DEVELOPMENT STANDARDS COMES FROM SECTION 51 A DASH
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4.311 A, WHICH UH, SPEAKS TO SPECIAL EXCEPTIONS.AND IT STATES THAT THE, UH, THE MAXIMUM REDUCTION AUTHORIZED BY THIS SECTION IS 25% OR ONE SPACE, WHICHEVER IS GREATER, MINUS THE NUMBER OF PARKING SPACES CURRENTLY NOT PROVIDED DUE TO DELTA CREDITS AS DEFINED IN SECTION 51 A DASH 4.704.
AND THERE IS NO BDA HISTORY FOUND AT THIS SUBJECT SITE IN THE LAST FIVE YEARS.
SO THE NEXT SLIDE IS A RELEVANT INFORMATION.
THE NEXT SLIDE IS RELEVANT INFORMATION.
SO I KNOW THAT THERE WERE SOME QUESTIONS PREVIOUSLY, UM, FROM THE BOARD WHEN THIS, UH, CASE WAS PREVIOUSLY BRIEFED, UM, ABOUT WHETHER, I MEAN, HOW MANY LOTS THE SUBJECT SIDE CONTAINS.
SO, UM, JUST TO BREAK DOWN ORIGINALLY, YOU'LL, WE'LL, ACTUALLY BEFORE I START THAT, SO THE FOCUS NOW IS, UM, THE, CAN YOU GUYS SEE THE, THE MOUSE? OKAY, SO THIS IS WHAT I'M SPEAKING TO NOW.
SO ORIGINALLY THE, UH, AT THE VERY BEGINNING WHEN THE SUBJECT, OR EXCUSE ME, WHEN THE APPLICANT PURCHASED THE SUBJECT SITE, IT EXISTED AS TWO SEPARATE LOTS.
UM, ONE BEING THE TOP ONE, ONE AT NORTH ONE, EXCUSE ME.
UH, WHICH IS, WHICH WAS ADDRESS 9 3 3 4 EAST R THORNTON IN THE BOTTOM ONE, WHICH WAS ADDRESS 5 6 6 5 SOUTH BUCKNER BOULEVARD.
SO WHEN THE APPLICANT PURCHASED THE PROPERTY, THEY SUBMITTED A PRELIMINARY PLAT TO SUBDIVISION AND UM, THE PURPOSE OF THAT PLAT WAS TO, UH, PLAT TWO LOTS INTO ONE TRACT OF LAND AND MAINTAIN TWO LOTS ON THE PROPERTY WHILE MODIFYING THE INTERNAL LOT LINE AS SHOWN ON THE PRELIMINARY PLAT.
SO HERE'S THE PRELIMINARY PLAT IN THE BOTTOM RIGHT CORNER.
SO, UH, BASICALLY WHAT THEY DID, THEY MADE IT ONE ENTIRE TRACT OF LAND, WHICH IS RECOGNIZED BY THE CITY OF DALLAS AS PRELIMINARY PLAT AS 2 3 4 S 0 3 1, WHILE MAINTAINING TWO LOTS.
AND, UM, WHILE MAINTAINING THOSE TWO LOTS, THEY, THEY MODIFIED THE, THE LOT LINES.
SO INSTEAD OF IT BEING A NORTH AND SOUTH, OR EXCUSE ME, NOT NORTH AND SOUTH, BUT INSTEAD OF IT BEING, U