[Board of Adjustments: Panel C on December 16, 2024.]
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IT'S 1:11 PM ON MONDAY, DECEMBER 16TH.
THIS IS THE BOARD OF ADJUSTMENT PANEL C.
I'M HONORED TO SERVE AS THE VICE CHAIR OF THE FULL BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF THIS PANEL.
C TODAY, UH, MEMBERS SERVE, UH, FOR, UH, NO COMPENSATION EXCEPT LUNCH.
WE WERE APPOINTED BY THE CITY COUNCIL AND THE MAYOR, UH, AND WE DO THIS WILLINGLY.
UM, TO MY LEFT IS JUDY P*****K.
RODNEY MILLIKEN, AND JARED SLATE.
TO MY RIGHT IS THERESA CARLISLE, BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, UH, DR.
CAMIKA MILLER HOSKINS, BOARD ADMINISTRATOR AND CHIEF PLANNER, AND MS. MARY WILLIAMS, BOARD SECRETARY AND MEETING MODERATOR.
IF YOU HAVE ANYTHING TO SUBMIT TO THE BOARD, UH, OR YOU INTEND TO SPEAK AND YOU HAVE NOT ALREADY SIGNED UP, MARY IS THE PERSON YOU SHOULD, UH, GIVE, UH, DOCUMENTS TO.
BEFORE I BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THIS BOARD AND THE WAY WE CONDUCT OUR HEARINGS.
UH, YOU CAN FIND OUR RULES OF PROCEDURE ON THE BOARD OF ADJUSTMENT WEBSITE.
IT, UH, IS APPROVED BY THE CITY COUNCIL.
NO ACTION ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED ON ITS OWN MERITS AND CIRCUMSTANCES.
WE DON'T MAKE DECISIONS BASED ON PERSONALITIES.
WE MAKE IT ON PROPERTY UNLESS OTHERWISE INDICATE TID.
EACH USE IS PRESUMED TO BE A LEGAL USE.
WE'VE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING ON THE BOARD'S WEBSITE.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS CALLED.
THE EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF, OF THE PUBLIC RECORD FOR EACH CASE.
APPROVALS OF A VARIANCE OF SPECIAL EXCEPTION OR THE REVERSAL OF A BUILDING OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.
ALL OTHER MOTIONS REQUIRE SIMPLE MAJORITY VOTES.
LETTERS OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATION SHORTLY AFTER TODAY'S HEARING AND WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.
UM, REGISTER WITH MS. WILLIAMS, UH, EACH REGISTERED SPEAKER, UH, FOR THE PUBLIC TESTIMONY.
PART OF OUR HEARING, UH, WILL HAVE THREE MINUTES TO SPEAK AND MAY SPEAK ON ANYTHING ON OUR AGENDA.
UH, WHEN A SPECIFIC CASE IS CALLED FOR ITS HEARING, UH, THE APPLICANT WILL HAVE FIVE MINUTES, WHICH WE WILL EXTEND LIBERALLY.
IF, IF IT'S NEEDED, WE WILL GIVE THE, UM, WE WILL GIVE ANY OPPOSITION EQUAL TIME AND THE APPLICANT WILL THEN HAVE A FIVE MINUTE REBUTTAL, UH, NO TELECONFERENCING VIA THAT ALLOWED VIA WEBEX.
IF YOU ARE REMOTE, UH, YOU NEED TO BE ON VIDEO AND AUDIO AT ALL TIMES OR IT DOESN'T COUNT.
UH, ALL COMMENTS ARE BE TO, ARE TO BE DIRECTED TO ME.
UH, I WILL MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN THE ORDER.
SO AT THIS POINT, UH, DO I HAVE A MOTION TO APPROVE OUR MINUTES FROM LAST MONTH? REALLY, VICE CHAIR, I HAVE A MOTION TO APPROVE OUR MINUTES FROM MONTH.
FOUR TO ZERO SL THEN, UM, BEFORE WE HEAR PUBLIC TESTIMONY, JUST SO YOU KNOW, WE, WE HAVE A MEMBER WHO HAS TO RECUSE HIMSELF.
SO WE WILL HEAR THAT CASE FIRST.
THAT CASE IS BDA 2 34 DASH 1 46.
UH, AFTER THAT WE'LL GO TO OUR CONSENT AGENDA AND THEN HEAR ONE 50, THEN 1 3 2.
UM, MS. WILLIAMS, ARE THERE SPEAKERS FOR THE PUBLIC TESTIMONY PART OF OUR HEARING? NO, SIR.
THERE'S NO SPEAKERS THAT THE APPLICANT IS ONLINE.
UH, I MEAN, FOR THE, FOR THE, THE OPEN, THE OPEN SPEAKING PART OF OUR, OH, NOT PUBLIC SPEAKERS.
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UH, I CALL CASE BDA TWO THREE FOUR DASH 1 4 6 3 2 2 6 LONGVIEW AVENUE, A REQUEST OF RAUL CORTEZ GARCIA FOR A SPECIAL EXCEPTION OF DEFENSE HEIGHT REGULATION AND FOR A SPECIAL EXCEPTION OF DEFENSE O CAPACITY REGULATION.AND MR. VICE-CHAIR, MR. MILTON, UH, I WISH TO REQUEST TO RECUSE MYSELF FROM THIS CASE.
YOU DON'T NEED MY PERMISSION, BUT, UH, UNDERSTOOD.
UH, IF YOU WOULD LEAVE THE ROOM AND NOT THE BUILDING, UH, WE DO NOT LOSE OUR QUORUM OR OUR CITY ATTORNEY.
UH, SO IF YOU'D JUST BE OUTSIDE AND, UH, WE'LL COME GET YOU IN A MINUTE.
SO OUR OPTIONS ARE TO DO NOTHING, WHICH WOULD DENY IT WITH PREJUDICE OR, UH, HOLD THIS CASE OVER.
I MOVE THAT IN CASE MEDIA 2 3 4 DASH 46.
WE HOLD THE CASE UNTIL OUR NEXT MEETING ON JANUARY 23RD, 2025.
SECOND, MS. P*****K, ALL IN FAVOR? AYE.
OPPOSED? SO AT THREE ZERO, UM, IF YOU ARE HERE TO, WELL, ARE THERE ANY SPEAKERS HERE IN OPPOSITION TO ONE FOUR OH ON WINDFALL, UH, WINDFALL CIRCLE OR 1 5 4 AT MAHA DRIVE? ARE THE, ARE THOSE APPLICANTS HERE? YOU DON'T NEED TO.
SO THE BOARD IS INCLINED TO GRANT EXACTLY WHAT YOU, MR. CHAIR, THE APPLICANT FOR, UH, 1 4 0 IT'S OWN LOAN.
OKAY? UM, THE BOARD IS INCLINED TO, UH, GRANT YOU WHAT YOU REQUESTED.
SO UNLESS YOU HAVE CHANGED YOUR MIND, UH, YOU HAVE, PLEASE SAY SO.
OTHERWISE, UM, I HOLD YOUR PEACE AND, AND WE'LL HAVE A VOTE.
DO I HAVE A VOTE ON THE, UH, END CONTESTED AGENDA? A MOTION? I'M SORRY.
MR. SE I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET 'CAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL EVIDENCE THAT THE APPLICATION SATISFY ALL THE REQUIREMENTS, THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE INTENT CODE IS APPLICABLE TO WIT BDA 2 3 4 DASH 1 40 0 APPLICATION OF JORDAN DA SILVA FOR VARIANCE TO THE SIGNED YARD SETBACK REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE OF THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
AND BDA TWO FIVE, EXCUSE ME, BDA 2 3 4 DASH 1 54 APPLICATION OF ANA CASTRO FOR VARIANCE TO THE FOUR AREA RATIO FOR STRUCTURE ACCESSORY TO THE SINGLE FAMILY USE REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING EDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
I SECOND MR. SLAY, DO YOU HAVE AN AMENDMENT? DO WE NEED TO DO THIS? DO WE NEED TO PUT ON THE RECORD THE TYPO? THE TYPO THAT THE, UH, WROTE THAT IT WAS ASSIGNED TO PANEL B INSTEAD OF PANEL C? IF YOU CAN CLARIFY THAT, THAT IS WHAT IT WAS.
IF IT'S IMPORTANT, WE'LL DO IT.
IF IT ISN'T THAT IT'S NO, BECAUSE IT'S ALREADY BEEN POSTED ON THE AGENDA.
SO IT'S IMPLIED THAT IT'S PANEL C TO THE STATE.
UH, THERE'S A MOTION, UH, MR. SLATE, UH, AGNI.
IS THERE ANY DISCUSSION? MS. WILLIAMS? WOULD YOU CALL THE VOTE? MS. P*****K? AYE.
UH, THE NEXT CASE IS BDA 2 3 4 DASH 15 5 6 3 1
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ALTA AVENUE, THE APPLICATION OF ROB BALDWIN FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATION AND A SPECIAL EXCEPTION TO THE VISIBLE, UH, VISIBILITY TRIANGLE REGULATIONS AT THE INTERSECTION OF THE STREET AND AN ALLEY.UH, ALSO A SPECIAL EXCEPTION TO THE VISIBILITY TRIANGLE REGULATION AT DRIVE APPROACHES.
UH, IF YOU'RE HERE TO SPEAK ON THIS MATTER, WOULD YOU PLEASE STAND, UH, AND BE SWORN IN EITHER IF YOU'RE FOR OR AGAINST.
MS. WILLIAMS, DO YOU SWEAR OR AFFIRM IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE REMEMBER TO GIVE YOUR NAME AND ADDRESS BEFORE WE SPEAK.
UH, MR. THOMPSON, WOULD YOU MIND PULLING UP MY PRESENTATION? I APPRECIATE IT.
ROB BALDWIN, 3 9 0 4 ELM STREET SUITE, THE ENDOWED REPRESENTING THE PROPERTY OWNER IN, IN THESE REQUESTS.
UM, STAFF DID A GREAT JOB OF, UH, BRIEFING YOU, I THOUGHT DURING THE, THE BRIEFING SESSION.
UH, THIS IS AN EXISTING RESTAURANT THAT HAS HAD A PATIO IN IT, UH, AT THE PROPERTY FOR OVER 40 YEARS.
THE ORIGINAL BUILDING WAS DEMOLISHED AND REBUILT.
UM, IT WAS TOTALLY OPEN PATIO FOR YEARS.
UH, THEN DURING COVID, UH, WHEN THE CITY WAS ENCOURAGING, UH, RESTAURANTS TO STAY OPEN AND PROVIDE OUTDOOR DINING, THEY, THEY PUT SOME, UH, OPENINGS AROUND IT AND MADE IT, UH, A MORE OPEN PATIO OR, UH, STILL AN OPEN PATIO, BUT MADE IT, UH, MORE WOODEN ON THE BOTTOM.
SO, UM, IT'S BEEN OPERATING AND, UH, IT BEEN BROUGHT THE OWNER'S ATTENTION.
THERE WAS PROBLEMS WITH THE VISIBILITY TRIANGLE AND THE, UH, FRONT YARD SETBACK BECAUSE IT PUT THE, THE ROOF ON IT.
EVEN THOUGH WATER CAN PENETRATE, IT'S NOT AN ENCLOSED PATIO.
UH, IT TRIGGERED THE NEED TO COME BEFORE YOU.
UM, UNFORTUNATELY, I, THERE WE GO.
UM, YOU'LL NOTICE THAT IT, IT'S A RECTANGULAR LOT.
IT'S FLAT, IT'S A NARROWEST LOT ON THE, ON THAT BLOCK.
UM, ORIGINALLY THESE APPEARED TO ME TO BE RESIDENTIAL LOTS, BUT AS LOWER GREENVILLE EXPANDED, YOU CAN SEE THAT MOST OF THE LOTS ON THE BLOCK HAVE BEEN TURNED INTO PARKING.
THIS IS ONE LOT ON THE STREET THAT ACTUALLY HAS A STRUCTURE AND PARKING WITH IT.
YOU GET ONTO, UH, THE GREENVILLE AVENUE ITSELF.
THE LOTS ARE BIGGER AND THERE'S NO PARKING, OR THE LOTS ARE SMALLER AND THERE'S NO PARKING.
SO THIS IS A OUTLIER IN THAT IT, IT DOES HAVE PARKING ON IT.
IT DOES HAVE A BUILDING ON IT.
IT HAS A PATIO ON IT THAT HAS BEEN THERE FOR, FOR YEARS.
UM, BUT WE NEED TO GET A, A VISIBILITY TRIANGLE SPECIALIST EXCEPTION.
AND IT'S, UH, VARIANCE FOR THE FRONT YARD.
SO THE BASE ZONING ON THIS IS CR COMMUNITY RETAIL.
UM, I WOULD ARGUE THAT THIS IS A SMALL LOT FOR A COMMERCIAL LOT SINCE IT ORIGINALLY WAS, UH, FOR RESIDENTIAL PURPOSES.
AND, UH, AS YOU CAN SEE FROM OTHER LOTS IN THE AREA, IT'S, IT'S NOT COM COMMENSURATE WITH THE OTHER LOTS, ESPECIALLY THOSE FACING GREENVILLES THAT, THAT TEND TO, IN THE SAME BLOCK AREA TEND TO BE, UH, LARGER LOTS.
IF YOU LOOK DOWN THE BOTTOM RIGHT AND LEFT, IT SHOWS THE SLIGHT ENCROACHMENTS IN THE SITE VISIBILITY TRIANGLE.
UM, AS WAS BROUGHT UP AT THE BRIEFING SESSION, WE HAVE AN ALLEY ON THE EAST SIDE OF US, WHICH TRIGGERS A 20 BY 20 FOOT SITE VISIBILITY TRIANGLE.
WE CAN'T HAVE ANYTHING TALLER THAN 18 INCHES, NOTHING BETWEEN 18 INCHES AND, AND EIGHT FEET IN HEIGHT.
SO PEOPLE CAN SEE THAT IS A ONE-WAY ALLEY.
UH, I KNOW THAT MR. RICHARDSON'S, UH, TESTIMONY WILL BE THAT IT'S NOT ENFORCEABLE, BUT IT IS HAS HISTORICALLY BEEN USED AS A ONE-WAY ALLEY.
UH, ON THE EAST, ON THE WEST SIDE, THERE'S A, A DRIVEWAY LEADING INTO THE PARKING LOT, AND I WOULD ARGUE THAT AS CARS ARE LEAVING THE SITE, THEY'RE WAY AWAY FROM THE SITE VISIBILITY TRIANGLE, WHERE THEY WOULD STILL BE ABLE TO SEE ANY APPROACHING PEDESTRIANS OR VEHICLES.
AND THIS WAS WHAT IT MORPHED INTO DURING COVID, AND THAT'S WHAT IT LOOKS LIKE TODAY.
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WE DO HAVE A LOT, IS, UH, NOT THE SAME AS OTHER LOTS WITH THE SAME ZONING DISTRICT.WE ALSO HAVE SLIGHT ENCROACHMENTS IN THE VISIBILITY TRIANGLE, BUT I THINK THEY'RE IN SUCH A MANNER, UH, GIVEN THE FACTS ON THE GROUND THAT, UH, I AGREE WITH DAVID NAVAREZ THAT THEY ARE NOT PROBLEMATIC.
MR. BALDMAN, WOULD YOU GO BACK ONE AND TWO SLIDES? THAT, AND THAT'S FEBRUARY 20, AND THEN ANOTHER ONE THAT'S OKAY, SO HERE, NOW YOU GO BACK TO 20.
YOU GO OH, OH, NO, NO, NO, FORWARD.
SO WHAT'S DIFFERENT HERE? WHAT HAPPENED? IT JUST, NOTHING, THEY'RE THE SAME.
I'M SHOWING YOU THAT, THAT, UH, YOU KNOW, UP UNTIL COVID RIGHT? IT, IT WAS STILL A PATIO.
BUT WHEN THE CITY ENCOURAGED PEOPLE TO, TO BRING OUT THE OUTSIDE DINING HAND, IT, THEN IT GOT CHANGED AND IT HAPPENED TO A LOT OF PATIOS ON LOWER GREENVILLE.
OKAY, SO HERE WE HAVE THIS WALL ON THE LEFT.
SO TECHNICALLY, I ASSUME THIS IS NOT AN ENCLOSED, THIS DOES NOT TRIGGER PARKING REQUIREMENTS.
BUT, SO WE HAVE THIS, THIS WOOD WALL, AND WE ALSO HAVE, UH, THIS HALF WALL HERE.
AND THAT'S THE BIG, FROM A VISIBILITY STANDPOINT, BUT THAT'S THE BIG CHANGE, RIGHT? THAT'S CORRECT.
SO I, I KNOW THAT MR. RICHARDSON'S HERE AND HE'S GONNA DO HIS TESTIMONY.
SO I'M, UH, I'VE, I'LL COME BACK, UH, DURING THE REBUTTAL AND BE READY FOR ANY QUESTIONS YOU MAY HAVE, UNLESS YOU HAVE SOME RIGHT NOW, VICE CHAIR.
MR. WALDEN, ARE YOU AWARE OF ANY TRAFFIC ACCIDENTS THAT HAVE OCCURRED IN CONNECTION WITH THOSE RESPECTIVE, UM, SITE TRIANGLES? NO.
I'VE ASKED, I'VE ASKED THE MY CLIENT ABOUT THAT AND HE KNOWS IT.
IT'S, IT'S BEEN IN THAT CONFIGURATION A LONG TIME.
OKAY, OTHER QUESTIONS? THANK YOU, MR. IT, IN THE WORDS OF A RECENT PRESIDENT, WELCOME BACK, AH, BRUCE RICHARDSON, 56 0 7 RICHMOND AVENUE, UM,
I NOTE THAT MR. BALDWIN DIDN'T ASK THIS CASE TO BE HELD.
UH, HE, HE SAID, HE'LL SEE HOW I DO
SO, UH, I'M MAKING NOTE OF THAT.
YOU HAVE FOUR, YOU HAVE A FORUM.
UM, FOR WHAT IT'S WORTH, WE HAVE A FULL DOCKET IN JANUARY AS WELL TO THE POINT WHERE WE CALLED A MEETING, URGE YOU TO DENY THIS CASE SIMPLY BECAUSE THERE ARE MANY, MANY LOTS THIS SIZE IN PD 8 42 AND IN FACT, ON, UH, THE FLAT MAP WITHIN YOUR, UH, PRESENTATION, THAT IS DIFFICULT TO SEE.
BUT YOU CAN SEE THAT THERE ARE MANY LOTS THAT SIZE, MANY LOTS SMALLER, SOME LOTS LARGER.
IT'S AN AVERAGE SIZE LOT FOR PD 8 42.
BUT LET'S JUST GET TO THE POINT.
UH, THAT WAS AN ILLEGALLY CONSTRUCTED COVER FOR THAT PATIO.
THERE ARE NO PERMITS SUPPORTING IT.
THERE'S NOT A CERTIFICATE OF OCCUPANCY SUPPORTING THE USE THAT BUILT IT.
UM, THAT ASIDE, THE APPLICANT'S, UH, TOLD YOU HIS RATIONALE.
THEY BUILT A PATIO DURING COVID AND THEY'D LIKE TO KEEP IT COVERED.
UH, THE ISSUE OF COURSE IS THERE'S A FRONT YARD SETBACK OF 15 FEET, AND, UM, THAT IS A COVERED PATIO.
UM, MR. BALDWIN SHOWED YOU A SET OF PHOTOGRAPHS SHOWING AN OPERATIONALLY EQUIVALENT PATIO THAT IS NOT COVERED, DOES NOT REQUIRE A VARIANCE, BUT UNCOVERING THE PATIO DOES MORE THAN THAT BECAUSE IT ALSO NEGATES THE NEED FOR THE
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SPECIAL EXCEPTIONS FOR VISIBILITY TRIANGLE.AND THAT'S AN IMPORTANT CONSIDERATION.
UH, JUST BECAUSE AN ACCIDENT HAS NOT OCCURRED YET, DOES NOT MEAN IT WILL NOT.
AND IN PARTICULAR, THAT IS THE ONLY HANDICAP ACCESS PATHWAY BETWEEN A SERIES OF PARKING LOTS TO THE WEST AND THE, AND GREENVILLE AVENUE.
SO HANDICAP PEOPLE CAN BE TRAVELING THAT SIDEWALK.
AND I PROVIDED YOU A VIEW IN MY PRESENTATION OF WHAT PRESENTS TO A HANDICAPPED PERSON AS THEY ROLL ALONG THE SIDEWALK AND THEY SEE NOTHING, NOTHING FROM THAT ALLEY.
IT'S REGULARLY THAT THE ONE WAY DESIGNATION ON THE ALLEYWAY IS REGULARLY AND ROUTINELY VIOLATED.
THERE'S NO POLICE PRESENCE THERE TO CENTRAL NURSE, THAT SMALL ALLEYWAY TO ENSURE THAT PEOPLE PAY ATTENTION TO THE ONE-WAY SIGN, SINGLE ONE-WAY SIGN THAT'S IN THE ALLEYWAY, AND ANOTHER AT THE MOUTH OF THE ALLEY ALLEYWAY ONE BLOCK NORTH.
NOW, I'VE PRESENTED YOU WITH A LOT OF EXHIBITS AND A LOT OF ACTUAL EVIDENCE IN MY PRESENTATION THAT SHOW THAT THE APPLICATION DOES NOT ACTUALLY MEET EVERY PRONG OF YOUR VARIANCE STANDARD.
AND WHETHER OR NOT YOU CONSIDER THE VARIANCE STANDARD TO BE 12 LEGAL TESTS LIKE THE STAFF LAWYERS DO WHEN THEY DEFEND YOU IN COURT, OR WHETHER YOU CONSIDER THE VARIANCE STANDARD TO BE AS STEVE LONG WOULD SAY, ALL OF PARAGRAPH A, ALL OF PARAGRAPH B AND ALL OF PARAGRAPH C.
NEVERTHELESS, THE APPLICANT MUST MEET THE BURDEN OF EVERY WORD IN THAT STANDARD.
AND UNFORTUNATELY, THIS APPLICATION FAILS TO MEET THAT BURDEN.
IT FAILS TO MEET IT SUBSTANTIALLY.
SUCCESSFUL RESTAURANTS OPERATED ON THIS SITE FOR YEARS AND YEARS AND YEARS WITH NO VARIANCE, FAR LONGER THAN IT HAS OPERATED WITH THE COVID ROOF OVER THE PATIO FAR, FAR LONGER, ALL THE WAY BACK TO JEFF YARBOROUGH'S LIBERTY NOODLE IN THE NINETIES.
IT HAS OPERATED WITH AN OPEN FRONT PATIO, OPEN SEATING.
YOU COULD SEE CLEARLY AROUND THOSE, AROUND THOSE, UH, VISUAL OBSTRUCTIONS.
AND THERE WAS NO ISSUE WHATSOEVER.
NOW, THE STAFF'S REPORT, I CAN SEE, BARB, WHY MR. BALDWIN SAID THEY DID A GOOD JOB.
BUT NOTE THE RATIONALE FOR PARAGRAPH A.
THE STAFF TELLS YOU IT'S NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE NO LETTERS OF OPPOSITION WERE RECEIVED.
THAT PARAGRAPH CONTAINS A LOT OF STANDARDS.
THE SPIRIT OF THE ORDINANCE CHIEF AMONG THEM, UM, SPECIAL CONDITIONS ARE REQUIRED.
THERE'S NO EVIDENCE SUBMITTED TO SUPPORT ANY OF THE STANDARDS IN PARAGRAPH A, PARAGRAPH B, IT'S NOT SO RESTRICTIVE IN AREA SHAPE OR SLOPE THAT RESTAURANTS DIDN'T OPERATE THERE FOR LITERALLY DECADES WITH NO COVERED PATIO AND NOT A SELF-CREATED NOR PERSONAL HARDSHIP.
I WOULD ARGUE THAT THERE IS NO MORE SELF-CREATED HARDSHIP POSSIBLE THAN SOMEONE CONSTRUCTING A PATIO COVER WITHOUT PERMITS, WITHOUT REVIEW OF THE CITY IN THE SETBACK, AND THEN COMING TO YOU FOR RELIEF AND SAYING, WELL, GOSH, WE PUT IT UP IN COVID AND WE'D LIKE TO KEEP IT.
I WOULD CONCLUDE THAT THERE ARE LITERALLY DOZENS OF REASONS WHY YOU SHOULD NOT GRANT THIS VARIANCE.
AND IF YOU DON'T GRANT THE VARIANCE, THE SETBACK, THE, UH, VISIBILITY TRIANGLES ARE SIMPLY MOOT BECAUSE
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THERE WON'T BE ANYTHING BLOCKING SIGHT LINES.THE STAFF ASSERTS THIS IS BEING TREATED LIKE A CORNER LOT.
HOW IS THAT POSSIBLE? IT HAS NO SIDE YARD SETBACKS.
IT HAS A SINGLE FRONT YARD SETBACK THAT THE NEIGHBORHOOD WOULD VERY MUCH LIKE TO SEE MAINTAINED.
NOW, I'VE PRESENTED THIS, THIS IS EVIDENCE.
IT'S BACKED UP WITH D AD DATA.
IT'S BACKED UP WITH PHOTOGRAPHS SHOWING THE SITE OVER THE YEARS, IT'S BACKED UP IN EVERY POSSIBLE WAY, TELLING YOU THAT THE APPLICANT CANNOT MEET THE VARIANCE STANDARD.
IT'S UP TO YOU TO SUPPORT YOUR CLIENT.
THE CITIZENS OF DALLAS, WHEN THEY COME TO YOU AND SAY, YOU MUST FOLLOW YOUR LEGAL STANDARD, YOU MUST FOLLOW YOUR LEGAL STANDARD.
BUT IS IT, IS IT YOUR CONTENTION THAT, THAT BY DOING THE WORK THEY DID, UH, THEY DID WORK THAT REQUIRED A PERMIT WITHOUT A PERMIT? ABSOLUTELY.
I COULD FIND NO PERMIT, BUT, UM, I I HEARD YOU SAY THEY COVERED THE PATIO.
UH, I, MY UNDERSTANDING OF, OF WHAT IT MEANS TO COVER IS THAT IT HAS TO BE ENCLOSED.
IS THERE A DISTINCTION IN YOUR MIND? UM, FLOOR AREA IS CREATED BY PUTTING A ROOFTOP OVER A FOUNDATION.
I BELIEVE THAT THERE'S A ROOFTOP OVER A FOUNDATION HERE.
HOSKINS, I, UH, ASK YOU FOR THE, UH, TECHNICAL OPINION HERE.
DID THEY, DID THEY, DID THEY EXPAND THE AREA OF THE, THE RESTAURANT BEYOND WHAT ALREADY EXISTED WHEN THEY HAD A PATIO WITHOUT THE ROOF? WHEN IT, WHEN IT BECOMES COVERED OR THE BECOME FLOOR AREA? SO EVEN, EVEN THOUGH IT'S NOT ENCLOSED, I'M GONNA LET DIANE ON YEAH.
IN MORE DETAIL, DRAW ANYTHING YOU WANT.
UM, DURING REVIEW, WE DID ASK, UM, MR. BALDWIN IF THIS WAS COVERED AND, UM, HE PROVIDED HIS ROOF SHOWING THAT IT WAS PERMEABLE.
SO THAT RIGHT THERE WILL NOT CONSIDER, IT WOULD NOT BE CONSIDERED A FLOOR AREA.
IT'S, THERE'S A COVER, BUT IT'S PERMITABLE.
SO THE RAIN, IF THE RAIN COULD FALL THROUGH, PEOPLE COULD GET WET, THEN IT'S NOT CONSIDERED FLOOR AREA.
MS. BARQUE, WOULD THAT HAVE REQUIRED A PERMIT? THE WORK THAT THEY DID? YES.
THE WORK WOULD REQUIRE A PERMIT FOR WHAT IF, IF NOT TO ENCLOSE IT, WHAT, WHAT PERMIT WOULD THEY NEED FOR THE STRUCTURE ITSELF? THEY NEED A PERMIT, YOU MEAN? UH, SO I'M, I'M REALLY ASKING ABOUT THE ADD-ON WHEN THEY, WHEN THEY COVERED THE PATIO, BUT THE WORK THEY, YES, WE STILL, WE STILL HAVE TO GET A PERMIT FOR THAT STRUCTURE, BUT AS FAR AS LIKE FOR FLOOR AREA, IT DOESN'T ADD PARKING TO THE STRUCTURE.
UM, BUT THEY WOULD STILL NEED TO, HOW COULD I EXPLAIN THIS
KNOW THAT THEY'RE, THEY'RE NOT ADDING PARKING, BUT THEY ARE ADDING A STRUCTURE.
SO THEY'RE, THEY'RE, IT'S NOT ACTUAL FLOOR AREA, BUT IT'S, IT'S A STRUCTURE.
SO THEY HAVE TO GET A PERMIT FOR THAT, EVEN WITH A PERMEABLE ROOF.
BECAUSE THEN THAT WOULD COME INTO PLAY IF THEY NEEDED ADDITIONAL PARKING.
SO IT IS A STRUCTURE, IT DOES REQUIRE A PERMIT, BUT IT DOESN'T REQUIRE, UH, IT DOESN'T ADD FLOOR AREA TO THE ACTUAL STRUCTURE FOR PARKING.
IF, IF IT WASN'T PERMITABLE, THEN IT WOULD, UM, SINCE I HAVE YOU, UH, WAS IT COMPLIANT BEFORE? I DON'T REMEMBER THE SPECIFICS AS FAR AS WHEN IT WAS BUILT.
UM, BUT I BELIEVE THEY ARE ENCROACHING 15 FEET, WHICH THEY WOULD REQUIRE 15, A 15 FOOT SETBACK.
SO I BELIEVE IT WAS COMPLIANT.
AND THEN THEY BUILT IT WITHOUT A PERMIT, SO NOW IT HAS A ZERO SETBACK.
UH, MR. RICHARDSON, I, I DON'T FULLY UNDERSTAND WHAT YOU'RE, WHAT YOU'RE, AND, AND I REALLY, I, I DON'T
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UNDERSTAND THAT, THAT'S NOT A WAY OF SAYING, I THINK YOU'RE WRONG, BUT YOUR POINT ABOUT THE HANDICAP, UM, UH, YOU, YOU MENTIONED THAT IT'S THE ONLY PLACE WITH A HANDICAP PARKING SPACE ON THE BLOCK.UH, THE OWNER OF THE PROPERTY, UH, LOW GREEN, UM, LLC, I BELIEVE, UH, HAS SEVERAL PARKING LOTS ON ALTO WEST OF THIS PROPERTY.
THEY PROVIDE HANDICAPPED PARKING.
AND BECAUSE THERE ISN'T A COMPLETE SIDEWALK ON THE SOUTH SIDE OF ALTA, THE SIDEWALK THAT PASSES IN FRONT OF THIS PLACE OF BUSINESS IS LITERALLY THE ONLY ACCESSIBLE HANDICAPPED PATHWAY TO GREENVILLE AVENUE.
IT'S THE PATHWAY THAT, THAT THEY AGREED TO WHEN THEY FILED THEIR PLANS FOR THEIR PARKING LOTS, THAT THERE WOULD BE AN ACCESSIBLE PATHWAY TO GREENVILLE AVENUE AS REQUIRED BY STATE LAW, FEDERAL LAW, ALL THE WAY DOWN.
AND, AND SO THE, THE, THE, UM, THE REASON THAT MATTERS RELATIVE TO OUR STANDARD IS THAT, UH, DO YOU THINK THAT GOES TO PUBLIC INTEREST? IS THAT WHAT YOU'RE TELLING ME? ABSOLUTELY, ABSOLUTELY.
SPECIFICALLY THE INTEREST OF HANDICAP PEOPLE WHO MAY BE EVEN LOWER THAN THOSE PLANTERS THAT ARE PICTURED.
AND AN AUTOMOBILE WOULD HAVE NO WAY OF SEEING THEM.
AND I HAVE DISTRESS AGAIN, THAT PATIO, THAT ALLEYWAY ABSOLUTELY HAS REGULAR TWO-WAY TRAFFIC.
CARS COME IN AND OUT OF THERE ROUTINELY.
NOW, IF A HANDICAPPED PERSON PARKED IN THAT PARKING LOT AND THEN WENT TO A DIFFERENT ESTABLISHMENT, YES, THEY WOULD BE VIOLATING THOSE PARKING LOTS ARE, UH, FOR MANY, MANY ESTABLISHED.
ARE THEY PAY LOTS? UM, ONE IS A PAY LOT.
THE REMAINDER ARE, UH, REQUIRED PARKING.
SO THEY, THEY PROVIDE SOME PARKING FOR THEIR BUILDING THAT, AND THAT'S HOW THEY DO IT.
THEY, THEY, THEY, UH, THOSE PARKING LOTS SERVE, UH, THE BUSINESSES THAT ARE ACTUALLY PROXIMAL TO THIS ONE ONLY ON GREENVILLE AVENUE.
UH, MILLIE LELA'S, UH, HIDE ALL OF THE, ALL OF THE BUSINESSES ALONG THAT BLOCK FACE, THEIR PARKING IS PROVIDED THERE ON ALTA STREET, AS WELL AS A BIT BEHIND THOSE BUSINESSES.
THOSE ARE MY QUESTIONS, GENTLEMEN.
AGAIN, I'M STRESSING EVIDENCE, EVIDENCE, MR. BALDWIN.
I, I THINK WE GAVE HIM SOME EXTRA TIME, EVEN HAVE IT.
WELL, IT'S NEVER A GOOD DAY WHEN BRUCE RICHARDSON SHOWS UP TO SPEAK AGAINST YOUR CASES.
AND, YOU KNOW, HE CLEARLY, HE DOES HIS HOMEWORK, AND I HAVE A LOT OF RESPECT FOR BRUCE.
UM, SO TO, TO GO THROUGH HIS POINTS, WE DON'T NEED A SPECIFIC CO FOR A PATIO.
UM, THIS IS NOT A COVERED PATIO.
UH, IT HAS SLATS ON THE TOP OF MS. KUMI SAID, UH, YOU KNOW, SO THERE'S WOOD SLATS.
IF YOU WERE IN THERE AND IT RAINED, YOU GET WET.
SO, UM, IT, IT DOESN'T, DOESN'T TRIGGER FLOOR AREA, BUT IT IS, UH, A PATIO WITH A COVER ON THE TOP, BUT IT'S FOR SHADE ONLY AND NOT TO GET OUT OF THE ELEMENTS.
UM, WE DO, IT IS A ONE WAY ALLEY, AND I DON'T KNOW IF IT, UH, GETS VIOLATED A LOT, JUST LIKE, BUT, UH, ONE WAY STREETS, YOU WOULD, YOU WOULD EXPECT TRAVELING PUBLIC TO FOLLOW THE, THE CITY REGULATIONS ON ONE WAY STREETS AND ONE WAY ALLEYS.
UH, YOU CAN'T REALLY LEGISLATE FOR THAT.
YOU JUST HAVE TO TRUST THE PEOPLE, UH, WHO ARE DRIVING KNOW WHAT THEY'RE DOING.
[00:35:01]
IN GREENVILLE AREA, AND DURING COVID, A LOT OF 'EM BECAME MORE ROBUST PATIOS, SUCH AS THIS ONE DID.AND, UH, WE DO A LOT OF PERMITTING IN OUR OFFICE.
AND DURING THE COVID AREA, THE CITY WAS REALLY LAX ON REQUIRING PERMITS.
THEY JUST WANTED TO GET PEOPLE OUT AND KEEP, TRY TO KEEP BUSINESSES OPEN.
THEY HAD THE PARKLETS SYSTEM, IF YOU REMEMBER WHAT THAT IS, WHERE THEY WOULD LET PEOPLE, UH, PUT PATIOS IN REQUIRED OFF STREET PARKING SPACES.
AND THIS JUST KIND OF FLOATING WITH THIS, UM, WE HAVE FILED FOR A PERMIT ON THIS ON JULY 1ST, 2024.
VICKY RADER, MY OFFICE, FILED FOR A PERMIT FOR THIS PATIO.
UH, THE CITY TOLD, UH, THE OWNER THAT THEY'RE GONNA HOLD OFF ON ISSUING OR PROCESSING UNTIL THIS CASE IS DONE TO MAKE SURE THAT, THAT IT'S STILL NEEDED.
SO IT WASN'T THE PERMIT THAT TRIGGERED THIS CASE? NO, UH, UH, CODE COMPLIANCE CAME AND SAID THAT WE NEEDED TO COME INTO COMPLIANCE AND GET A PERMIT.
SO IT ALL KIND OF BLED TOGETHER.
UM, SO LET'S KEEP IN MIND WHAT I SAID EARLIER ABOUT THE ONE WAY IN ON THE EAST, ON THE ALLEY WHERE, SO WE HAVE A SLIGHT ENCROACHMENT ON THE EAST SIDE OF OUR BUILDING.
SO IF PEOPLE ARE COMING IN, IN VEHICLES HEADING INTO THE ALLEY, THE THE ENCROACHMENT OF THE SLIGHT VISIBILITY TRIANGLE WOULD NOT BE AFFECTED BECAUSE THEY'RE NOT LOOKING INTO THE ALLEY.
WHEN PEOPLE COME BACK OUT, THAT BECOMES AN ISSUE.
BUT IT'S A ONE WAY ALLEY HEADING NORTH.
SO NO ONE SHOULD BE COMING SOUTH ON IT.
ON THE WEST SIDE, WE ALSO HAVE AN ENCROACHMENT, BUT AS YOU'RE LEAVING THE PARKING LOT THERE, THE PEOPLE THAT ARE LEAVING ARE AT LEAST 10 FEET AWAY FROM THE PROPERTY LINE AND THE SITE VISIBILITY TRIANGLE.
SO THEY WOULD ALSO HAVE A GOOD VIEW UP AND DOWN, UH, THE SIDEWALK.
I DON'T KNOW WHAT TO SAY ABOUT THE HANDICAPPED PARKING SPACES.
UM, IT WAS MY UNDERSTANDING THAT HANDICAPPED PARKING SPACES, UH, IF THEY'RE REMOTE, THEY HAVE TO BE AS CLOSE AS THEY CAN TO THE BUSINESSES THEY SERVE.
I, I DON'T KNOW IF THERE'S HANDICAP PARKING SPACES IN THERE, BUT I'M NOT GOING TO, UH, SAY THAT THERE ARE NONE.
UH, BUT EVEN IF THERE ARE PEOPLE HANDICAPPED WALKING ON ALONG THE STREET ALONG THAT SIDEWALK, I DON'T BELIEVE THAT THE, THE SLIGHT ROS WERE PROPOSING WOULD HAVE A NEGATIVE OR A DANGEROUS IMPACT ON THAT.
SO, TO, TO SUM UP, THIS IS A PATIO THAT'S BEEN THERE FOR A LONG TIME.
I THINK WE HAVE A LOT THAT IS NOT COMMENSURATE WITH OTHER LOTS IN THE CR DISTRICT.
AND IN PD 42, WE HAVE A, A PROPERTY THAT HAS A BUILDING AND PARKING.
MOST OF THE OTHER PROPERTIES IN THE AREA ARE EITHER JUST OLD HISTORIC BUILDINGS THAT HAVE NO PARKING OR OTHER PARKING LOTS THAT, THAT CROSS PROPERTY LINES.
UH, I HOPE THAT YOU CAN AGREE THAT IT IS A REASONABLE REQUEST.
UH, IT IS FURTHER IN PUBLIC INTEREST.
THIS IS AN ENTERTAINMENT AREA, AND I THINK IT'S A VERY SUCCESSFUL ENTERTAINMENT AREA.
IT'S JUST NOT A BAR AREA LIKE IT WAS SEVERAL YEARS AGO.
PEOPLE, BELIEVE IT OR NOT, YOU DON'T HEAR MUCH ABOUT IT IN THE NEWS ANYMORE, BUT COVID IS STILL OUT THERE.
AND PEOPLE SUCH AS MY WIFE STILL LIKE TO SIT OUT IN OUTDOOR PATIOS, AND WE STILL THINK THAT THEY'RE NEEDED.
AND HOPE YOU CAN SUPPORT THIS REQUEST.
I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
QUESTIONS, MR. BOW? IT LOOKS LIKE FROM THIS AREA WE HAVE, IT LOOKS LIKE, ACTUALLY AS GREENVILLE AVENUE GOES, THIS ACTUALLY DOESN'T APPEAR TO BE AS OVERBUILT AS AS MANY, LIKE IT ALMOST LOOKS TO ME LIKE THAT PATIO COULD JUST AS EASILY BE ON THE OTHER SIDE OF THIS BUILDING THAT WOULD EAT INTO SOME PARKING, BUT THERE'S EXCESS.
UM, IS THERE A REASON THAT WOULDN'T BE TRUE? IS THIS STREET THAT, THAT IS,
[00:40:01]
UH, PARALLEL TO ALTA AVENUE WITH CLARK'S BARBERSHOP, THAT'S A STREET, NOT AN ALLEY, RIGHT? UM, JUST PARALLEL TO ALTA NORTH, I, I DON'T SEE A STREET NAME, UH, THAT ON THIS, UH, AREA, IT REALLY SHOWS CLARK'S BARBER SHOP.IT'S SOUTH OF THE TRUCK YARD, NORTH OF THE SUBJECT PROPERTY.
THAT'S NORTH, SOUTH, THAT'S WHAT, OKAY, SO THOSE ARE BOTH ALLEYS.
DOES THE ALLEY THEN CONTINUE ALL THE WAY UP PAST TRUCK YARD? AND THAT REQUIRE, THAT IS STILL AN ALLEY.
SO ON THE EAST SIDE OF THIS ALLEY, JUST WHAT, SO ESSENTIALLY WHAT YOU CONSIDER BACK OF HOUSE, IF, IF YOU WERE ON GREENVILLE, PEOPLE MUST USE THIS ALLEY TO GET TO THAT BEHIND PARKING, RIGHT? AND THEY COULD COME AT IT FROM NORTH OR SOUTH OR WEST THROUGH THE ALLEYS.
NOT I, IS THAT THE STREET WHERE COURT'S BARBECUE IN OH, NO, NO.
THAT STUDENT GUN, THAT'S A NO.
OTHER QUESTIONS? MR. MR. BALDWIN, WHAT'S YOUR RESPONSE TO THE, UH, ASSERTION THAT THIS IS A SELF-CREATED HARDSHIP? DID THE CITY SUSPEND SO THEY HAD TO, RIGHT? IF THEY, IF THEY WERE TELLING PEOPLE TO USE PARKING SPACES, LIKE THEY WERE, THEY HAD TO HAVE SUSPENDED SOMETHING
SO JUST SO I'M ABSOLUTELY SURE.
DID, DID YOU EX FORGET THE, THE ENCLOSURE OR DID YOU EXTEND THE YEAH, SO I DIDN'T, SO BEFORE THAT, WHY DIDN'T IT ENCROACH? SO IT'S NOT, IT DOESN'T HAVE ANYTHING TO DO WITH THE HALF WALLS BECAUSE THEY'RE LESS IMPORTANT.
ANY QUESTIONS? UM, IS IT APPROPRIATE, MS. ATTORNEY TO ASK QUESTIONS OF MR. NEVA NOW OR AFTER WE CLOSE THE VOTE? YES.
MR. BALDWIN, UH, MR. SCH SLADE WOULD GET MAD AT ME IF I DIDN'T INFORM YOU THAT YOU'RE ALLOWED TO SIT DOWN.
SO I HAVE QUESTIONS, UH, FROM EARLIER, UH, MR. NAVARRE WAS THE TRANS, UM, DID YOU VIDEO ON, WOULD YOU TURN ON YOUR VIDEO, MR. NAVAREZ? OKAY.
OH, SEE WHY WE CLOSE UP? OKAY.
SO YOU HAD A CHANCE TO READ MR. RICHARDSON'S LETTER? YES.
UH, YOUR, UH, OPINION IN OUR BRIEFING MATERIALS WAS THAT YOU, YOU DIDN'T HAVE, UH, A PROBLEM WITH THE, UH, VISIBILITY TRIANGLES.
YOU DIDN'T THINK IT CAUSED, UH, A RISK, RIGHT? HA HAS HAVING LOOKED AT HA, HAS ANYTHING CHANGED? YES,
[00:45:01]
I WAS ABLE TO, UM, IT'S VERY HARD TO HEAR YOU.UM, I'M GONNA TRY TO BE AS LOUD AS I CAN IN GETTING ME MYSELF CLOSE TO THE CAMERA.
IF YOU NEED TO GET CLOSE TO THE CAMERA, WE'LL BE, WE'LL BE GREAT.
IS THIS IS IT, IS MY AUDIO OKAY? WE'LL DO OUR BEST TO THE EXTENT YOU CAN SPEAK LOUD.
I, I'M AS LOUD AS I CAN AND I APOLOGIZE.
I HAVE A MEETING OUT IN THE FIELD RIGHT NOW.
UM, THANK, THANK YOU FOR ALLOWING ME TO ELABORATE ON OUR EVALUATION OF THE REQUEST.
WE, WE HADN'T PROVIDED AN A, A TECHNICAL EVALUATION FOR, FOR THE REQUEST, TECHNICALLY AN APPROACHMENT TO A, AN ALLEY.
THIS IS A TWO, A TWO-WAY ALLEY.
UM, WE, WE EVALUATED BASED ON THE, THE ACCESSIBILITY TO PEDESTRIANS, UH, AS WELL AS VEHICLES.
THERE WAS NOTHING IN THE REQUEST THAT WE COULD OBJECT TO.
HOWEVER, LOOKING THROUGH THE STATEMENTS MADE IN THE OPPOSITION LETTER THERE, ALL OF THE STATES ARE CORRECT.
UH, I ALSO WANNA CLARIFY THAT ALL SIDEWALKS, REGARDLESS OF WHETHER THERE IS A, AN ACCESSIBLE SPACE WITHIN WALKING DISTANCE, ALL SIDEWALKS, UH, MUST ACCOMMODATE INDIVIDUALS WITH DISABILITIES.
SO THAT'S, THAT'S, THAT'S A GIVEN, UH, REGARDLESS OF WHETHER THERE'S A, A, A PARKING SPACE WITHIN WALKIN, QUOTE UNQUOTE WALKIN DISTANCE, UH, THERE, THERE, THERE'S NOTHING WE, THAT ENGINEERING STAFF CAN REALLY TELL YOU TO, UH, REFUTE THE LETTER THAT WAS PROVIDED IN THE OPPOSITION.
UM, ALL THE STATEMENTS ARE CORRECT.
THE OBSTRUCTION TO VISIBILITY IS OF, UM, OF IMPORTANCE.
AND I, I, I CERTAINLY BELIEVE THAT THE COMMISSION SHOULD TAKE THAT INTO ACCOUNT.
WELL, OF THE STATEMENTS, I MEAN, LET'S ASSUME ALL OF THE STATEMENTS GIVEN BY EITHER SIDE ARE CORRECT AS YOU, UH, VALUE IT AT, AT WHICH ARE PERSUASIVE.
IF YOU STARTED FROM SCRATCH AND HEARD WHAT YOU HEARD TODAY, WHAT'S YOUR OPINION? WE WOULD, WE WOULD NOT.
WE, WE WOULD SHOW OBJECTIONS TO THE REQUESTER, SIR, ON THE BASIS OF LIKE, WHAT CHAIN OBSTRUCT, WHAT DID YOU LEARN? THE, THE ANGLE.
THE ANGLE FROM WHICH THE PHOTOS ARE TAKEN IN THE, IN THE OPPOSITION LETTER AND SHOWING THE OBSTRUCTION TO PEDESTRIANS AND, AND THE AMOUNT OF, AND THE AMOUNT OF TRAFFIC THAT USES THE ALLEY, UH, AS THEY ACCESS THE PARKING AREAS.
I THINK I HEARD YOU SAY IT'S A TWO-WAY ALLEY, WHICH IS THE FIRST TIME I'D HEARD THAT, LIKE, THIS IS A, THIS IS A, A TWO-WAY ALLEY.
JUST LIKE THE MAJORITY OF THE ALLEYS IN DALLAS.
UH, THERE ARE, BUT A HANDFUL OF ALLEYS THAT ARE ONE WAY AND THEY'RE CODIFIED.
I WANNA SAY I HEARD MR. BALDWIN SAY THERE'S AT LEAST A SIGN THAT SAYS ONE WAY.
AM I WRONG? BUT WHO SAID IS ONE WAY LEGALLY? YOU'RE SAYING IT'S A TWO-WAY ALLEY? ABSOLUTELY.
UH, UH, UH, A PERSON WILL NOT COMMIT, CO COMMIT AN OFFENSIVE, THEY'RE DRIVING IT TWO WAYS.
MS. POLLETT, UH, MR. NAVARRO, IF THE WALLS WERE REMOVED, WOULD THAT MAKE A DIFFERENCE? THOSE WOODEN WALLS, WHICH ARE NOT REALLY WALLS, IT'S FLAT.
IS THIS A FENCE? I THINK I HEARD TECHNICALLY THEY'RE A FENCE, BUT IT IS, UH, IT, IT, IT IS NOT, IT IS FULLY OPAQUE.
SO THE WALLS, THE ONLY, THE ONLY OBSERVATION THAT I HAVE, AND THAT I REGRETFULLY DON'T HAVE AN ANSWER TO, IS I CAN'T REALLY MEASURE THE ENCROACHMENTS INTO THE 20 BY 20 VISIBILITY TRIANGLE.
ALL OF THESE DIMENSIONS, THEY, THEY'RE NOT MAGICAL NUMBERS.
YOU KNOW, 20 BY 20 DOESN'T MAKE IT, UH, AUTOMATICALLY SAFE.
UH, WELL, IT'S MAGICAL 'CAUSE IT'S IN THE CODE, RIGHT? LIKE, YOU DIDN'T JUST MAKE THAT UP.
RIGHT? WELL, MY QUESTION JUST, UH, REFER TO THE WALLS.
IF THAT ONE WALL ON THE, I BELIEVE IT'S THE WEST SIDE, WHICH IS TECHNICALLY A FENCE.
WHAT? OH, DO YOU MEAN THE WALL OR, OR THE FENCE ON THE EAST SIDE? YOU MEAN ON THE WEST SIDE? YOU MEAN THE, I MEAN, ON THE WEST, THE LARGER ONE ON THE WEST SIDE, EVEN THE SMALLER ONE, WHICH DOESN'T SEEM TO BE MUCH OF AN OBSTRUCTION ON THE EAST SIDE, IF THE LARGER ONE AND OR THE SMALLER ONE WERE REMOVED, THAT WOULD, UH, NOT BE SUCH AN
[00:50:01]
OBSTRUCTION THAT IN THE VISIBILITY TRIANGLE.UH, WELL, HE EITHER NEEDED TO GO OR HOPEFULLY HE WILL GET BACK ON.
BUT, UM, I, I, I TAKE THE POINT IN MAKING, OR, OR MR. MILLER, NOW REMEMBER, WE'VE GOT THREE THINGS, AND, AND THE, THE VARIANCE, THE HARDER STANDARD IS FOR THE APPROACH, I BELIEVE.
MS. P*****K, I HAVE ANOTHER QUESTION.
THE, UH, 15 FOOT VARIANCE ON THE FRONT YARD SETBACK, FROM THE TESTIMONY WE'VE SEEN ON BOTH SIDES, THAT PATIO HAS BEEN THERE FOR A VERY LONG TIME.
SO IT HAS BEEN WITHIN THAT 15 FOOT VARIANCE.
SO IS THAT A SITUATION WHERE SOMETHING IS GRANDFATHERED? I HEARD IT THAT IT WAS LEGAL UNTIL IT WAS COVERED, BUT NOW WE'VE BEEN TOLD THAT IT'S NOT TECHNICALLY COVERED BECAUSE IT HAS, THE RAIN CAN COME THROUGH.
HASKINS, DO YOU WANNA CLEAR THAT UP? UH, I, I THOUGHT I HEARD MS. BARQUE SAY, WELL, ALL RIGHT, IT'S TECHNICALLY NOT ENCLOSED, SO IT'S NOT TRIGGERING PARKING, BUT IT'S COVERED.
I I DON'T WANNA PUT WORDS IN THAT.
AND, AND IS IT TRUE THAT IF NOTHING HAD HAPPENED, THE SETBACK WOULD BE FINE? THERE'D BE NO NEED FOR A VARIANCE.
THE PATIO IS STILL ENCROACHING INTO THE FITBIT.
WELL, SO I THOUGHT I HEARD YOU THINK.
SO THE WAY THEY COULD COMPLY WITH THE PATIO IS IF THEY WERE TO MOVE THE POSTS BACK, THE BOTH POSTS ON THE PATIO.
SO IF THEY WERE TO MOVE THAT AND CANTILEVER THE ROOF OVER, THEN GETTING THOSE POSTS OUT OF THE, UM, OUT OF THE, UH, VISIBILITY TRIANGLE, THEY COULD COMPLY WITH THAT.
THEY CAN ONLY HAVE ANYTHING IN THE VISIBILITY TRIANGLE HAS TO BE WITHIN TWO AND A HALF FEET TO EIGHT FEET, NOTHING IN BETWEEN THAT.
SO THAT'S WHERE THE, WHAT ABOUT THE ENCROACHMENT? YEAH, AND THE SETBACK.
AND THAT'S, WELL, LIKE THEY, THEY DIDN'T, THEY WOULD STILL NEED THE, THE VARIANCE TO THE FRONT YARD SETBACK.
IT STILL WAS NOT TECHNICALLY CONFORMED IN 2019.
I DON'T THINK IT WAS, IT WASN'T COVERED.
BUT SO, SO THAT WAS, SO I DON'T THINK THE FOUNDATION MOVED, RIGHT? NO, THE FOUNDATION, THAT PART'S FINE.
THEY JUST HAD, I BELIEVE, I DON'T KNOW IF THEY HAD TABLES OUT THERE WITHOUT ANYTHING ELSE.
I BELIEVE THERE WAS STILL RAILING THERE.
STILL WHAT? RAILING IN THE FRONT IN 2019? I'M NOT, I NOT THAT PICTURE, BUT, BUT I THINK THAT'S, I THINK THERE WAS JUST RAILING, BUT AS FAR AS ON THE SIDES, THERE WAS NOTHING IN THE VISIBILITY TRYING.
MR. SLADE, SO I'M, I'M REALLY TRYING TO FOCUS ON THE VARIANCE ON THE, ON THE, THE, OKAY, MR. SLATE.
SO AM I CORRECT THAT WHAT IS ENCROACHING CURRENTLY ARE THE POSTS THAT ARE HOLDING UP AND, AND THAT'S NOT THE VISIBILITY TRAINING.
THAT'S, THAT'S WHAT MAKES IT AN BUT BECAUSE THOSE ARE ALSO IN THE VISIBILITY TRIANGLE, THEY CONSTITUTE, CORRECT.
THEY, WHEN THIS WAS, OR WHEN THIS ORIGINALLY CAME IN, THEY WERE IN THE FRONT, THEY WERE IN THE FRONT YARDS, UH, SETBACK, THE PATIO COVER, THE POST AND THE WALLS ON THE SIDE.
THAT'S ALL WITHIN THE FRONT YARD SETBACK.
IF THEY WERE TO REMOVE THE WALLS, THE POST AND CANTILEVER THE ROOF, ALL THEY WOULD COME FOR IS THE FRONT YARD SETBACK.
REGARDLESS OF HOW THEY FIX IT, IT WOULD STILL BE IN THE FRONT YARD SETBACK.
SO, SO NOW I GO BACK, I ASKED ORIGINALLY WHETHER THEY WERE COMPLIANT BEFORE THEY DID ANY OF THAT.
I BELIEVE WHAT BROUGHT THEM HERE IS WHEN THEY ADDED THE, THE ROOF.
SO THAT'S, WELL, THEY ACTUALLY, THEY ACTUALLY ADDED THE, THE WALLS ASIDE AT THE SAME TIME.
I'M SORRY, I DIDN'T DO THE ENTIRE RESEARCH TO THIS ONE.
SO I'M TRYING TO JUST GO BACK TO, LET'S TAKE THE VISIBIL, WHAT I'VE REVIEWED
[00:55:01]
AND SOME OF THAT HAS TO DO WITH WHETHER IT'S COVERED AND CLOSED.YEAH, NO, AND FROM MY UNDERSTANDING, IT HAS BEEN, YES.
SO IT WAS NEVER COMPLIANT, AT LEAST AS WE LOOKED AT THE THREE PICTURES, THAT FIRST ONE THAT HAD NO WALL.
I MEAN, IT JUST LOOKED LIKE A LEGIT PATIO.
THAT, THAT, THAT'S STILL IN FRONT.
UH, WHOEVER WAS CONTROLLING THAT PROBABLY CAN DO THAT.
UH, THE ONES THAT WE WERE LOOKING AT FROM ROB
SO ONE, THERE'S ONE BEFORE THIS.
GO BACK TO, I BELIEVE, THERE WE GO.
SO THIS, I MEAN, IT'S WIDE OPEN.
THERE'S SOME, BUT THE, YOU KNOW, THERE IS A FOUNDATION.
DOES THAT ENCROACH? NO, NO, THAT DOES NOT.
THE ONLY THING IN QUESTION WOULD BE IS IF, UM, THOSE POSTS THERE ARE ACTUALLY 15 FEET LONG, THE POST IN THE BACK WHERE IT'S COVERED.
SO THE POST, WE DON'T KNOW THAT DISTANCE ARE THE THING WHERE YOU START COUNTING WHETHER IT ENCROACHED.
SO MS. P*****K WOULD LIKE TO MOVE FORWARD ONE YOU CAN, OKAY.
SO THIS I DON'T BELIEVE HAS CHANGED.
THIS IS JUST A DIFFERENT ANGLE,
NOW IS, IS THAT TRUE? NOTHING CHANGED, RIGHT? 1920.
SO NOW A LOT OF THINGS CHANGED.
YOU HAVE 1, 2, 3, 4, 5, MAYBE SIX POSTS HANGING PANELS AND SUB FOUR FEET WOOD WALLS.
AND I, I DON'T KNOW WHERE THE, THE 50 WHERE, WHERE THE SETBACK ACTUALLY IS THERE.
AND, AND OF COURSE THE, THE ROOF, UM, OR WHATEVER YOU CALL IT, A PERMEABLE ROOF.
UH, OKAY, SO THAT'S WHAT CHANGED.
FORGET, FORGET FOR A MINUTE, THE, THE VISIBILITY TRIANGLE, THAT'S WHAT, NOW WHAT'S CREATING THE VISIBILITY TRIANGLES ARE ALSO THE POST IS, IS THE, IS THIS, I'M GONNA CALL IT A FENCE, LOW ENOUGH TO AVOID VISIBILITY TRIANGLES? PROBABLY NOT.
IT LOOKS LIKE IT'S ISH FOUR FEET.
ALL I, THE PORTION OF THE FENCE ON BOTH THE DRIVE APPROACH AND THE ALLEY, THOSE, THAT'S ENCROACHING, THAT'S ABOVE THE FOUR, THE TWO AND A HALF FEET TALKING ABOUT, OKAY, SO HERE, RIGHT HERE IS FINE, BECAUSE YOU CAN SEE THROUGH IT.
I MEAN THERE, THERE'S ACTUALLY, I THINK THAT SOME HEIGHT OR SOMETHING THAT YOU CAN SEE THROUGH IT.
IF, IF THAT QUOTE UNQUOTE FENCE WAS JUST WROUGHT IRON, WOULD IT VIOLATE, WOULD IT COUNT FOR THE ENCROACHMENT? WOULD IT VIOLATE THE, UH, I BELIEVE IT'S STILL OVER THE TWO AND A HALF WEEKS.
SO IT'S NOT ABOUT ABOUT HOW OPEN IT'S, OKAY.
UM, THE LINE OF, WELL, IT WOULD SEEM TO ME THAT WITH THE REMOVAL OF THE WOOD, WHICH CONSTITUTES THE, YOU WANNA CALL IT WALL OR FENCING, YOU AND THE POST WOULD REMAIN, YOU COULD STILL SEE FLUID BECAUSE THE ROOF IS HIGH.
AND THAT DOESN'T HAVE ANY EFFECT ON THE VISIBILITY TRIANGLE.
AS LONG AS ONE CAN SEE THROUGH
[01:00:01]
THAT 20 FOOT SECTION, THE REMOVAL OF THOSE PANELS WOULD, UH, ALLEVIATE THE ISSUE.AND AS FAR AS THE 15 FOOT SETBACK, UM, SEEMS LIKE THAT'S ALWAYS BEEN THERE, EXCEPT IT HAD A SHORTER FENCE IN FRONT AND ON THE SIDES, I'M ASKING OUR ATTORNEY HOW, UH, I COULD POSSIBLY MAKE A MOTION.
SO JUST PLEASE GIMME A MINUTE BEFORE I ASK MS. CARLISLE TO DO A BUNCH OF WORK.
UH, MR. BALDWIN, IF, IF, IF THE BOARD DECIDED TO MAKE A MOTION THAT ESSENTIALLY ALLOWED THE QUOTE UNQUOTE ROOF TO SAY, BUT REQUIRED THE REMOVAL OF THE WOOD, IS THAT SOMETHING YOU WOULD ACCEPT? OR WOULD YOU JUST SAY, I'D RATHER YOU JUST QUOTE? NO, I THINK IT, I THINK IT'S FAIRLY EASY TO BRING IT INTO COMPLIANCE WITH THE SITE VISIBILITY TRIANGLE.
I'M NOT SAYING THEY'D SUPPORT, I KNOW, BUT I JUST, I DON'T ANYMORE.
IF THAT'S THE BOARD'S DESIRE, WE CAN MAKE THAT WORK.
SO I CAN MAKE THAT MOTION IF ONE OF YOU WOULD LIKE TO MAKE A DIFFERENT MOTION.
YOU KNOW, HE WHO'S, WELL, I NEED HER TO APPROVE IT UNLESS SOMEBODY'S GONNA JUMP IN FRONT OF ME.
I, I, UH, IF YOU, SO THE MICROPHONE, MR. BALDWIN CAN HEAR IT, IS THAT, IS IT GONNA CHANGE THE NATURE OF MY QUESTION? I THINK MR. BALDWIN, WOULD YOU, I, YEAH.
UH, WOULD YOU BE ABLE TO REVISE THE ELEVATIONS IN THE SITE PLAN TO SHOW, TO REMOVE THE WALL OUT OF THE VISIBILITY TRIANGLE AND, UM, MOVE THE POST BACK TO WHERE IT'S CANTILEVERING OVER? UM, SO IT'S OUT OF THE VISIBILITY TRIANGLES? YES, MA'AM.
WHEN CAN YOU GET THOSE ELEVATIONS TO US, UM, BY WEDNESDAY? WELL, THAT, HOW DID THAT YEAH, I MEAN THAT THE, THEN WE'RE TO OUR NEXT MEETING, BUT I, YOU KNOW, RATHER MY INSTINCT ON THESE, I HATE HOLDING THESE THINGS UP, BUT, BUT IF WE'RE GONNA DO THIS, UM, I WOULD THINK IF I, I COULD MARK UP THE SITE PLAN NOW, OR I COULD, OR IF YOU JUST, IF YOU JUST DENY THE SITE VISIBILITY TRIANGLE, UH, ENCROACHMENTS, THEN UM, WE, WE JUST CAN'T DO THAT.
WE HAVE TO UPDATE THE SITE PLAN ANYWAY.
DO I GET WHAT I WANT IF I JUST DENY THE VISIBILITY AND ACCEPT THE ENCROACHMENT? NOT EXACTLY.
BECAUSE IF I ACCEPT THE ENCROACHMENT I'D, I'D STILL HAVE TO DO IT WITH, WITH CONDITIONS.
UH, AND WE USUALLY WANT TO TIE THAT TO A PLAN.
I COULD CERTAINLY DESCRIBE THE CONDITIONS SUBJECT TO THE STAFF'S APPROVAL, OR WE COULD COME TO AN AGREEMENT AND DO IT VERY QUICKLY IN JANUARY.
[01:05:01]
WE'RE COMFORTABLE ACCEPTING THE PLANS AS IS, AS LONG AS WE WRITE THOSE REVISIONS DOWN ON THE, UM, ON THE PLANS THAT WE HAVE NOW.SO, MS. CARLA, I CAN EITHER TRY TO DO IT MYSELF OR YOU CAN DECIDE WHETHER I NEED TO MAKE THREE MOTIONS.
ONE, WHAT I CARE ABOUT IS THAT THE ENTIRE AGREEMENT IS CAPTURED.
LIKE I WOULD NOT ACCEPT ANY ONE PART OF IT IF I DIDN'T HAVE THE WHOLE OF IT.
SHOULD WE, UM, RECESS FOR FIVE.
IT'S, UH, 2:16 PM WE RECESS UNTIL 2 21.
IT IS 3 36, I MEAN, I'M SORRY, 2:36 PM UH, AND, UH, BOARD OF ADJUSTMENT PANEL C IS BACK IN SESSION.
AND I HAVE, WELL, LET ME, ARE THERE FURTHER QUESTIONS IN THAT CASE? I HAVE A MOTION DRAMATIC POLICY.
I MOVE THE BOARD OF ADJUSTMENT IN THE CASE OF BDA 2 3 4 DASH 15, AN APPLICATION OF ROB BALDWIN.
GRANT, THE 15 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THE APPLICANT.
BECAUSE OUR EVALUATIONS OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE CODE, THAT THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED WITH THE CONDITION, OR HERE'S THE SECOND CONDITION THAT THE PLANS ARE REVISED TO REFLECT THAT THERE'S GOTTA BE NEITHER NOR THAT THAT, NO.
THAT NEITHER VISIBILITY TRIANGLE IS OBSTRUCTED BY ANY STRUCTURE, BURN PLANT LIFE OR OTHER ITEM.
IS THERE A SECOND? I SECOND AGNES MOTION POLL.
I BELIEVE MR. RICHARDSON CAME, AND, AND, AND OF COURSE, I MEAN, HE KNOWS THIS.
HE WAS NOT ARGUING FOR THE SAKE OF ARGUING.
NOT THAT I'VE EVER SEEN HIM DO THAT.
UH, HIS FOCUS WAS ON THE, UH, PUBLIC INTEREST PART OF IT, THE MAJORITY OF HIS CONCERNS.
AND I THINK I STALLED, OR I'M COMFORTABLE THAT I ADDRESSED THAT PART OF IT.
UM, WHILE ALLOWING, UH, THE, THE RESTAURANT TO CONTINUE TO, UH, OPERATE WITHOUT, UH, OPERATE AS IT IS.
I THINK WE, WE HAVE REMOVED THE PROBLEMS. UM, AND, UH, THE OTHER, WELL, I'LL JUST LEAVE IT AT THAT, THAT, THAT'S WHY I DID IT.
OTHER COMMENTS? PAULA? NO THING MR. SLAY, MR. SLAY WANTS TO SAY.
UM, MS. WILLIAMS, WOULD YOU PLEASE CALL THE VOTE? MS. P*****K? AYE.
NOW MY INCLINATION IS TO NOT MAKE A MOTION ON THE OTHER TWO, WHICH WOULD MEAN THEY ARE, WHICH WOULD MEAN THEY, UH, THEY'RE DECLINED WITH PREJUDICE.
AND THAT'S THEORY THAT, THAT I, I WOULDN'T DO ANY OF THIS IF I DIDN'T GET MY WHOLE DEAL.
SOMEONE ELSE COULD MAKE A DECI A, A MOTION TO DENY WITHOUT PREJUDICE REVIEW.
WELL, WE, WE HAVE THREE REQUESTS.
SO TYPICALLY WE MAKE THREE MODE, I BELIEVE SO, UM, UH, YOU WOULD STILL HAVE TO HAVE OTHER MOTIONS FOR THE VISIBILITY TRIANGLE, EVEN THOUGH THIS TOOK CARE OF IT, IT'S STILL THROUGH REQUEST THAT WE WOULD NEED THREE SEPARATE MOTIONS.
BUT AS VICE CHAIR AGNI STATED,
[01:10:01]
IF NO OTHER MOTION IS ON THE FLOOR, THEN THOSE ARE DEEMED DENIED WITH PREJUDICE.SO WHAT I DON'T WANT, AND I DON'T, I I BELIEVE IN GOOD FAITH IS SOMEBODY SAY, HEY, I, I, I GOT MY VARIANCE.
EVEN IF IT'S SUBJECT TO THE VISIBILITY TRIANGLE, SOMEBODY LET, LET'S SAY WE DENIED IT WITHOUT PREJUDICE.
SOMEBODY COMES BACK AND RE ASKS FOR THE VISIBILITY TRIANGLES.
UM, AND IN THEORY, I GUESS WOULD GET US TO OVERRIDE OUR, OUR OURSELF, OR WE COULD DENY THE VISIBILITY TRIANGLES AND COME UP WITH LANGUAGE THAT TIES IT BACK.
I'M TRYING TO MAKE IT SIMPLE SO WE CAN MOVE ON.
MR. SUE, VICE CHAIR AG I HAVE A MOTION.
I NOTE THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH 1 15 0 ON APPLICATION.
ROB BALDWIN DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO MAINTAIN ITEMS IN THE VISIBILITY TRIANGLE AT THE INTERSECTION OF AL AVENUE AND AN ALLEY WITHOUT PREJUDICE.
UH, BECAUSE OUR EVALUATION OF PROPERTY AND WITH TESTIMONY SHOULD GRANTING THE APPLICATION TO CONSTITUTE THE TRAFFIC.
I'LL SECOND IT 'CAUSE I WANNA TALK ABOUT IT.
TELL ME WHAT, UM, IN CASE OUR EFFORTS TO TWEAK THINGS SUFFICIENT TO FIX IT, UM, SOMEHOW ARE NOT COMPLETE AND REQUIRE THE APPLICANT TO COME BACK TO ADDRESS SOME ISSUE THAT WE HAVE NOT THOUGHT OF.
I BELIEVE IT WOULD BE FAIR TO THE APPLICANT NOT TO HAVE TO GO THROUGH AND RESTART THE PROCESS AND WITH PREJUDICE SORT OF POSTURE AND BE DELAYED FROM COMING AND SEEK RELIEF.
AND SO I WOULD PROPOSE THAT WE DENY THE TWO OTHER REQUESTS, WHICH I HOPE HAVE BEEN RESOLVED.
I ACCEPT THAT BECAUSE I, UH, BELIEVE IN MR. BALDWIN'S
I ALREADY SECOND ANY OTHER DISCUSSION.
OKAY, MR. SLADE'S MOTION IS SECONDED BY AG MS. WILLIAMS, MS. POLL? AYE.
YOU HAVE A THIRD MOTION? I DO.
UH, I MOVE BOARD OF ADJUSTMENT AND FIELD NUMBER BD TWO Q4 DASH ONE 15 ON APPLICATION.
ROB BALDWIN DENY THE SPECIAL EXCEPTION REQUEST BY THIS APPLICANT TO MAINTAIN ITEMS IN THE VISIBILITY TO TRIANGLE OF THE DRIVE APPROACH ALONG ALTA AVENUE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND TATION GRANTING THE APPLICATION WOULD CONSTITUTE A TRAFFIC AVENUE AG SECONDS DISCUSSION MS. WILLIAMS? I, MS. OW AYE.
MR. RICHARDSON, IT IS A PLEASURE.
WELL, UH, SO YOU GUYS GOTTA, YOU GUYS FIGURE OUT WHAT TO DO? YOU, YOU UNDERS THEY PROMISED ME THE, THE, UM, THAT IT WILL BE DRACONIAN IF SOMEBODY, OKAY.
FINAL CASE IS BDA 2 3 4 DASH 1 3 2 1000 NORTH RIVERFRONT BOULEVARD, AN APPLICATION OF ANDREW HOOPER, REPRESENTED BY MIKE DAVIS FOR A SPECIAL ACCEPTION TO THE PARKING REGULATIONS.
IF YOU'RE HERE TO SPEAK ON THIS CASE FOUR BEFORE OR AGAINST, WOULD YOU PLEASE STAND AND BE SWORN IN? MS. WILLIAMS, WILL YOU SWEAR? DO, DO WE HAVE, UH, REMOTE SPEAKINGS BY THE WAY? I'M SORRY.
DO WE HAVE ANY REMOTE SPEAKING? SO WOULD YOU SWEAR EVERYONE IN, PLEASE? OKAY.
DO YOU ALL SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
UH, WHEN YOU SPEAK, PLEASE GIVE YOUR NAME AND ADDRESS AT THE BEGINNING.
I THINK IN, IN THIS CASE, UH, YOU'D PROBABLY NEED MORE THAN FIVE MINUTES.
YOU GET IT? WE'LL, WE'LL MOVE ON.
IT DOESN'T MEAN YOU HAVE TO USE ALL THE TIME IN THE WORLD, BUT I'LL BE RESPECTFUL OF THE TIME.
MIKE DAVIS, 1837 WONDERLIFE LANE, DALLAS, TEXAS 7 5 2 2 8.
UM, SPEAKING AS REPRESENTATIVE FOR THE APPLICATION AT 1000 NORTH RIVERFRONT FOR SPECIAL EXCEPTION REDUCTION OF, UH, 22 PARKING SPACES.
UM, IT IS OUR, UM, APPLICATION AND OUR REQUEST THAT THE 22 SPACES BE REDUCED BASED ON A, UM, ON OUR STRATEGY OF TRYING TO IMPROVE, UH, PUBLIC SAFETY, UH, ALSO BY WE BELIEVE BENEFITING OUR PATRONS AND KEEPING THEIR VEHICLES AND FOR OUR VALETS IN PROXIMITY TO OUR RESTAURANT.
AND IT'S BASED ON A PERSONAL RELATIONSHIP, THE
[01:15:01]
NEIGHBORLINESS OF ENTERING INTO AN AGREEMENT WITH OUR NEIGHBOR WHO HAD THE AVAILABLE SPACES THERE.AND THIS IS AN OPPORTUNITY FOR US TO WORK WITH THE NEIGHBORHOOD BY ENTERING INTO THIS AGREEMENT, KEEPING THE VEHICLES IN PROXIMITY AND VISIBILITY OF THOSE THAT ARE PATRONIZING THE RESTAURANT, BUT ALSO FOR PUBLIC SAFETY, WHICH IS THE KEY PIECE TO THIS.
THE 22 SPACES THAT ARE, UH, THAT WE'RE ASKING TO BE REDUCED ARE FOUND, UM, IN OUR APPLICATION IS FOUND AT THE, AT CONTINENTAL, UM, THE CONTINENTAL ADDRESS.
IF YOU LOOK AT THE ROUTE THAT YOU WOULD HAVE TO TAKE EITHER BY FOOT OR ON BY VEHICLE, UH, TO GET TO THE CONTINENTAL SPACE, IT BECOMES PROBLEMATIC.
AND THE REASON IT BECOMES PROBLEMATIC IS IT'S AN L-SHAPED, UH, DIRECTIONAL PATH THAT WOULD ACTUALLY SEND THE TRAFFIC TO AND TOWARDS THOSE THAT ARE OPPOSING.
IT'S ACTUALLY DIRECTING THAT TRAFFIC TOWARDS THEM WHERE IT WOULD ACTUALLY ENCOURAGE SOMEONE TO PARK IN THOSE SPACES, WHETHER THEY'RE CITY OF DALLAS SPACES, WHICH, WHICH THE MAJORITY OF THEM ARE CITY OF DALLAS PUBLIC PARKING SPACES OR THOSE THAT ARE PRIVATE THAT BELONG TO THOSE TO, TO OUR NEIGHBORS FROM A PUBLIC SAFETY STANDPOINT AS WELL.
WE BELIEVE THAT IF YOU HAVE SOMEONE ON FOOT WITH OUR OPERATING HOURS, KEEP IN MIND WE'RE OFF OPENING AT 5:00 PM THIS IS A DINNER SERVICE, HIGH-END FINE DINING ESTABLISHMENT AT NIGHT.
YOU WOULDN'T WANT TO ENCOURAGE SOMEONE TO WALK AROUND THE BLOCK TO PARK THEIR VEHICLE, WALK BACK AROUND THE BLOCK TO GET TO THE RESTAURANT.
FROM A VALET STANDPOINT, WHICH IS THE AGREEMENT THAT WE HAVE WITH THE CITY FOR A VALET PARKING MANAGEMENT PLAN, YOU'RE SENDING VEHICULAR TRAFFIC OR THE VALET WHEN THEY'RE ON FOOT TO RETRIEVE THE VEHICLES, YOU'RE SENDING THEM TOWARDS CONTINENTAL.
SO WHAT WE'RE SIMPLY SAYING IS WE ARE STRIPED FOR THE PARKING SPACES THAT ARE REQUESTED DIRECTLY ACROSS THE STREET AT THE DOMINO'S.
WE'RE STRIPED FOR THAT, BUT WE CAN ACTUALLY MAXIMIZE THOSE SPACES, AS YOU ALL KNOW, BY USING A VALET COMPANY, WHICH WE'RE REQUIRED TO DO IN OUR PARKING MANAGEMENT PLAN.
AND WE CAN ACTUALLY ACHIEVE MORE THAN THE SPACES THAT WE HAVE STRIKED, WE'RE ABLE TO ACHIEVE MUCH MORE THAN THE SPACES THAT WE HAVE.
FOR THE RECORD, I SUBMITTED, UH, THE REPORT, THIRD PARTY REPORT BY THE ZO GROUP.
I HAVE NOT SEEN THAT, NOR HAS ANYONE ELSE DO.
IT WAS NOT IN OUR BRIEFING TODAY.
IT WAS SUBMITTED FOR THE RECORD, UH, AND IT WAS SUBMITTED TO THE STAFF AND IN THIS CASE IT WAS SUBMITTED SO THAT STAFF COULD BE FULLY INFORMED AS A FOLLOW UP TO THE ORIGINAL REPORT.
THIS IS ACTUALLY THE SECOND REPORT.
UM, NOT TOO SURE MR. VICE CHAIR, WHY YOU DIDN'T, BUT WE COULD, FOR THE RECORD, IF, IF NECESSARY STAFF COULD CONFIRM THAT THOSE REPORTS WERE SUBMITTED AND THAT THOSE REPORTS ALIGN WITH THE, UM, WITH THE STATEMENTS THAT I'VE JUST MADE, THAT WE HAVE THE NECESSARY PARKING DIRECTLY ACROSS THE STREET, WE CAN MAXIMIZE THAT BY USING THE REQUIRED VALET PARKING SERVICE.
WE CAN BUILD ON THAT RELATIONSHIP WITH OUR NEIGHBOR, WHICH IS THE, THE, THE DOMINO'S PARKING LOT DIRECTLY ACROSS THE STREET VERSUS SENDING PATRONS, SENDING THE VALET TEAM ESSENTIALLY AROUND THE CORNER IN THE PATHWAY OF OUR NEIGHBORS.
I THINK IT'S BEST TO KEEP EVERYTHING IN PROXIMITY.
SO OUR APPLICATION IS TO MAKE SURE THAT WE ARE DOING OUR BEST TO STAY IN OUR AREA OF THE NE NEIGHBORHOOD WITHOUT ENCUMBERING OUR NEIGHBORS.
SO I ASK THAT YOU REVIEW OUR APPLICATION BASED UPON ITS SIMPLICITY, HOW STRAIGHTFORWARD IT IS.
WE ARE JUST TRYING TO REDUCE THE NUMBER OF SPACES THAT ARE DOWN THE STREET AND AROUND THE CORNER VERSUS USING THE SPACES THAT ARE READILY AVAILABLE THAT ARE GOING UNUSED IN, IN OUR PARKING AGREEMENT WITH THE DOMINO'S LOT, WHICH IS AT NINE 40, UH, NORTH RIVER FRONT.
I WANNA MAKE SURE I UNDER, SO WHEN I READ THE BRIEFING MATERIAL, SURE.
MY UNDERSTANDING WAS YOU GOT, UH, YOU GOT SEVEN ON SITE AND 22 AT CONTINENTAL AND WHAT WAS IT, 43, 40 42 SOMETHING ON 43, AND IT DIDN'T GIVE AN ADDRESS.
UM, IT SAID ACROSS THE STREET.
SO IS THAT THE DOMINO'S, IS THAT CORRECT? THAT'S THE DOMINO'S LOT.
SO IN THE SITE PLAN, WHICH WAS ALSO SUBMITTED FOR THE RECORD TO STAFF, IT HAS THE CONTINENTAL PROPERTY REFERENCE, AND IT HAS THE DOMINO'S LOT, THE NINE 40, UH, PROPERTY ON RIVERFRONT ALSO, UH, REFERENCED.
UM, AND SO YOU CAN EASILY SEE HOW WE ACHIEVE ALL THE PARKING THAT'S REQUIRED.
SO I'M NOT AWARE THAT THAT WOULDN'T BE THE FIRST TIME THAT SIMPLY BY VIRTUE OF BEING A VALET USE,
[01:20:01]
YOU CAN USE PARKING MORE EFFICIENTLY.DOES THAT MEAN YOU, YOU REQUIRE LESS PARKING BY, BY VIRTUE OF IT BEING VALETING? SO, NO, LET, LET ME, LET ME FURTHER ON THAT.
SO THE VALET REQUIREMENT IS, IS ACTUALLY, UH, PUT FORTH BY THE CITY.
SO WE'RE ENTERING INTO THAT PARKING MANAGEMENT PLAN WITH THE CITY SO THAT A VALET COMPANY IS REQUIRED FOR US TO BE ABLE TO MAINTAIN THAT.
WHAT WE'RE SAYING IS, IS THE VALET COMPANIES, THE REASON WHY THE CITY MAKES THAT REQUIREMENT IS THERE IS A BELIEF IN A, AT LEAST AN ESTABLISHED PRACTICE THAT VALET COMPANIES ARE IN THE BUSINESS OF PARKING CARS AND CAN DO A BETTER JOB MAYBE THAN THE THE PERSON THAT'S JUST COMING TO HAVE A MEAL OR, OR EVEN US.
UH, SO WE BELIEVE THAT IF THE CITY'S REQUIRING IT, IT MUST BE THE RIGHT PRACTICE.
AND SO WE'RE, WE'RE SAYING THAT IF THE CITY'S MAKING THAT REQUIREMENT, THE VALET COMPANIES, UH, SHOULD BE ABLE TO DO A BETTER JOB.
BUT IF YOU LOOK AT THE STRIPE SPACES THAT WE ALREADY HAVE ON THAT, ON THAT PLAN, YOU'LL SEE THAT WE, WE HAVE THE REQUESTED SPACES THAT WE'RE ASKING FOR, AND THEN WE ALSO HAVE ADDITIONAL SPACES THAT ARE AVAILABLE THERE, UM, AS WELL AT THE DOMINO'S LOT.
SO THE DOMINO'S IS A OPERATING BUSINESS, CORRECT.
AND THEREFORE HAS ITS OWN REQUIREMENTS PARKING EXCUSE.
SO ARE, BUT THE, THE STRIPE LOTS, BY THE TIME IT GETS SCANNED, SENT, AND CERTAINLY PRINTED BY ME, IT, IT GETS PRETTY HARD TO READ.
UM, SO I, I COULDN'T COUNT EXACTLY HOW MANY SPACES THERE ARE, AND I DON'T KNOW HOW BIG THE DOMINOES IS.
SO HOW, HOW, WHAT IS TOTAL AMOUNT OF SPACES ON THAT LOT? HOW MANY DOES DOMINOES NEED? SO DOMINO'S HAS A, A REQUIREMENT BASED UPON THEIR SQUARE FOOTAGE.
AND, UM, AT ANY GIVEN TIME THERE, IT'S BASED ON THE PLAN THERE, UM, 14 SPACES.
UH, BUT IT, TO BE FAIR, WHETHER THE CO THAT'S ON RECORD FOR DOMINO'S IS IN ERROR, THE CURRENT ONE THAT THEY HAVE IS IN ERROR.
SO THEY ACTUALLY HAVE A LOWER REQUIREMENT THAN WHAT THEY HAVE ON THEIR CO AND THAT'S FOR A NUMBER OF REASONS.
YOU ALL ARE FULLY AWARE OF DOMINO'S AND OTHER, UH, A PIZZA TAKEOUT TYPE ESTABLISHMENTS.
ARE THEY ONE TO 1 0 5? UH, OR DO THEY HAVE A LESS DENSE REQUIREMENT? SO THEY ARE ONE TO 1 0 5.
AND, UH, HOWEVER, WHEN THEY, WHEN THE CALCULATION CAME, UH, BEFORE THE CITY AT THEIR, AT THAT TIME, UH, THE CALCULATION WAS OFF.
AND SO THEY ACTUALLY, THEIR REQUIREMENT SAYS MORE SPACES, BUT, BUT IF YOU DO THE ONE TO 1 0 5, THEY, THEY HAVE A ONE TO 100 IN THE CO, BUT THE ONE TO 1 0 5 MEANS THAT THEY ACTUALLY ARE REQUIRED LESS SPACES SHOULD THEY DECIDE TO MAKE THAT REDUCTION.
THAT ALSO WORKS IN BENEFIT TO OUR APPLICATION AS WELL.
SO YOUR CALCULATIONS ARE BASED ON A SITUATION WHERE DOMINO'S OR WHOEVER OCCUPIES THAT SPACE WILL BE, WILL NEED ONE TO 1 0 5? THAT'S CORRECT.
I SUSPECT THEY HAVE ONE TO 100 BECAUSE THEY WERE THERE BEFORE THE PD WAS ADOPTED.
WHAT IT LOOKS LIKE IS THERE WAS A, THERE WAS QUESTIONS RELATING TO THE SQUARE FOOTAGE.
AND SO IT WAS A CALCULATION IN ERROR ON THE SQUARE FOOTAGE.
THIS HAPPENED SOME FROM TIME TO TIME, BUT AS YOU KNOW, THIS IS A LOW TRAFFIC, UH, TYPE OF RESTAURANT IN THE DOMINOES.
AND SO IF YOU LOOK AT THAT SITE PLAN, THEY HAVE AN EXCESSIVE AMOUNT OF AVAILABLE PARKING.
WE THINK BY USING THAT PARKING AND BEING A GOOD NEIGHBOR, BRINGING ADDITIONAL, UM, VISIBILITY TO THE, TO THE NEIGHBORHOOD THAT'S GONNA ULTIMATELY MAKE THINGS SAFER, UH, THAT'S GONNA BRING A BETTER, UH, YOU KNOW, LAND USE TO THOSE AVAILABLE PARKING SPACES.
AND LIKE I SAID, IT'S GONNA BE A, A START OF A NEW RELATIONSHIP WITH OUR NEIGHBOR.
WE WANTED TO, TO REACH OUT TO THEM, SEE WHERE, WHERE THEY WERE ON THIS.
UH, THIS IS ALSO GONNA BE AN OPPORTUNITY FOR THEM TO, TO MONETIZE THOSE SPACES.
TO BE FRANK, UH, WITH YOU, I KNOW THAT'S NOT SOMETHING THAT'S UP FOR, FOR YOU ALL'S DISCUSSION REVIEW, BUT THIS IS AN OPPORTUNITY FOR THE, FOR THE NEIGHBOR AS WELL, UH, TO BE ABLE TO SUPPORT THEIR BUSINESS.
DOES MR. CRIST OWN THE DOMINO'S LOT? NO.
MR. CLIFTON OWNS THE DOMINO'S LOT.
AND SO HIS, UH, THE NEXT DOOR, UH, PROPERTIES, CLIFTON'S CARPETS, AND THEY'VE BEEN IN BUSINESS, UH, OVER 40 YEARS.
AND HE OWNS THE CLIFTON'S CARPETS, UM, PROPERTY AS WELL AS THE, UH, DOMINO'S LOT.
SO THE DOMINOES THEMSELVES ARE A TENANT, UM, OF MR. UH, CHARLES CLIFTON.
UH, MR. CHRIS HAS, UH, UH, SEVERAL ENTITIES THAT OWN PROPERTY THAT ARE ACTUALLY AROUND THE CORNER IN THE DIRECTION OF THOSE 22 SPACES THAT WE'RE SAYING WE DON'T WANT TO SEND THOSE CARS IN THE DIRECTION OF OUR NEIGHBOR.
UM, I, I HAVE A SENSE THAT, THAT MANY OF THE ENTITIES IN THE 200 FOOT RADIUS ARE RELATED TO EACH OTHER.
[01:25:01]
UM, IT'S THE SAME INDIVIDUAL, UH, THAT'S VOICING CONCERNS BASED UPON MULTIPLE SHARED ADDRESSES.SO MR. CHRIS HAS SOME MS. UH, AND KEEP IN MIND, THEY'RE VOICING CONCERNS ABOUT THE ZONING THAT IS ESTABLISHED BY WRIGHT.
IF YOU LOOK AT SOME OF THOSE LETTERS AS A FOCUS ON THE RESTAURANT USE ITSELF, I, I READ THEM, UH, AND I, I UNDERSTAND THIS CONCERNED ABOUT OVERFLOW BECAUSE WE'RE GIVING, WE'RE ESSENTIALLY SAYING THERE'S, UM, YOU KNOW, THAT THERE'S MORE PARKING THAN WE NEED.
AND, UM, YOU KNOW, IF, IF I THOUGHT PEOPLE WERE GONNA BE PARKING IN MY LOT FROM SOMEBODY ELSE, I, I WOULDN'T THINK THAT.
AND SURE, YOU HAVE THE RIGHT IN THE ZONING TO, TO BE A RESTAURANT WITHOUT DRIVE THROUGH THERE.
THERE'D BE OTHER THINGS THEY MIGHT WANT.
UM, SO YOUR REQUEST TO BE CLEARED NOW IS FOR A REDUCTION OF 22 SPACES? THAT'S CORRECT.
SO ESSENTIALLY TAKING TWO PARKING AGREEMENTS TO SEPARATE PARKING AGREEMENTS, REDUCING THOSE, AND SIMPLIFYING THAT TO ONE PARKING AGREEMENT, THAT IS THE REQUEST, RIGHT.
SO YOU WOULD DITCH WHATEVER AGREEMENT YOU HAVE WITH CONTINENTAL.
AND NOW WE WERE PROVIDED, SO I I, WE'VE NOT BEEN PROVIDED WITH THAT PARKING AGREEMENT.
AND THE REASON WHY WE HAVEN'T, YOU HAVEN'T BEEN PROVIDED WITH THAT PARKING AGREEMENT, IS IT'S GONNA BE SUBJECT TO, UH, THE OUTCOME OF YOUR, UH, DECISION.
THE OUTCOME OF OUR DECISION IS PROBABLY SUBJECT TO THAT AGREEMENT.
SO IN THESE LETTERS, WE TELL YOU WHAT, LET ME ALLOW YOU TO FINISH AND, UH, AND THEN I'LL ASK YEAH, GO AHEAD, PLEASE.
I JUST HAVE A, A QUICK QUESTION FOR MR. DAVIS.
UH, MR. DAVIS, UH, THE SEVEN VAL, UH, THE SEVEN PARKING SPACES, WHERE WILL THOSE BE LOCATED? SO THOSE SPACES ARE CREDITED TO BE ALLOWED IN THE PD.
THEY'RE ACTUALLY GONNA BE FOUND A ACROSS THE STREET.
SO THEY'RE ACTUALLY, THOSE SEVEN SPACES WILL BE FOUND.
THEY'RE CREDITED AND FOUND ACROSS THE STREET AT THE DOMINO'S.
UH, THAT'S HOW THE PD, UH, OPERATES.
AND I GUESS, UH, YOU MAY NEED STAFF CLARIFICATION FOR, BUT YEAH, BECAUSE I READ THE PD, I, I DON'T GET THAT.
I MEAN, THE PD TALKS ABOUT REMOTE PARKING, BUT, OKAY.
SO IF YOU CAN LOOK AT THE, UH, AND ALSO OUR BRIEFING SAYS THAT SEVEN SPACE ARE ON, ON THE PREMISE.
SO IF YOU LOOK AT, UH, THE WAY WE GOT IT OUT BEHIND ON THE SITE, WE HAVE TWO SPACES.
THOSE TWO SPACES WOULD ACTUALLY BE USED, UH, FOR MAINTAINING THE VALET.
THAT WOULD BE THE, THE LOAD IN OR THE STAGING AREA, SO TO SPEAK, FOR VALET.
IF YOU LOOK AT IT, WE, WE, WE BASICALLY, IF YOU
MR. DAVIS, CAN YOU PLEASE SPEAK IN THE MICROPHONE? SURE, SURE.
THE SPACES THAT ARE, THAT, THAT YOU ALL ARE REFERRING TO, THOSE, THOSE ARE A COMBINATION OF CREDITED SPACES AS WELL AS SPACES THAT ARE FOUND DIRECTLY ACROSS AT THE DOMINO'S.
SO THE TOTAL THAT IS FOUND AT THE DOMINO'S, UH, ADDED TO THE TWO THAT WE HAVE ON SITE, IS HOW WE ACHIEVE THE, THE TOTAL THAT STAFF APPROVED FOR OUR, OUR PARKING AGREEMENT WITH THE DOMINO ARE THOSE DELTA CREDIT.
SO IT'S A COMBINATION OF, OF DELTA CREDITS, UM, AS WELL AS ACTUAL SPACES THAT ARE IDENTIFIED ACROSS THE STREET.
I'LL REPEAT WHAT I THINK I HEARD YOU TELL ME.
I THINK I HEARD YOU SAY YOU GOT TWO SPACES ON THE PROPERTY AND FIVE DELTA MR. I CAN SEND YOU GET CLOSER, MIKE, SO IT CAN CAPTURE, I THINK I, I HEARD YOU SAY YOU HAVE TWO SPACES ON IN THE BLUE ON CREDIT AND WHAT AMOUNTS TO FIVE BELT OF CREDIT, WHICH ARE SPACES THAT YOU GET CREDIT FOR THAT DON'T EXIST.
SO THAT, THAT, LIKE, THOSE SPACES DON'T ACT.
SO IT'S A COMBIN ACROSS THE STREET.
SO THAT'S A COMBINATION OF THE TOTAL AMOUNT OF SPACES TO, UH, MEET OUR REQUIREMENTS.
SO OUR TOTAL REQUIREMENT WAS FOR THE RECORD, IS 70, 72 SPACES.
TWO OF THOSE SPACES ARE FOUND ON SITE.
WHAT WE'RE ASKING FOR IS 22 SPACES TO BE REDUCED FROM THAT NUMBER.
BRINGING US DOWN TO, UH, THE 48TH IS WHERE, IS
[01:30:01]
WHERE WE ARE AT AND FIND AT THE, THE DOMINOES FROM THAT 48, WE ARE CREDITED DOWN TO 43.SO YOU GOT FIVE CREDIT, FIVE SPACES THAT DON'T ACTUALLY HAVE TO EXIST.
AND IT'S BASED UPON THE PD AND THOSE ACCREDITED, UH, SO THE DELTA CREDITS IS WHAT ALLOWS US, THAT'S BOTH PD AND BY DEVELOPMENT CODE ALLOWS US TO, TO HAVE THOSE SPACE ACCREDITED AND THEN GO INTO OUR TOTAL, UH, REQUIRED PARKING SPACE COUNT.
UM, IS ALL OF YOUR PARKING GOING TO BE VALIDATED? CORRECT.
SO THE, THE AGREEMENT THAT WE HAVE, UM, UH, WITH THE, THAT WE ENTERED INTO THROUGH THE Q TEAM, UH, PROCESS FOR PERMITTING, LIKE I SAID, WE'RE CURRENTLY IN CONSTRUCTION.
THAT AGREEMENT IS FOR A VALET MANAGEMENT PLAN.
IT'S AN OPERATIONAL PLAN THAT WE, UH, WE, WE SUBMITTED TO, UH, ZONING STAFF THAT THEY REVIEWED BOTH DAVID NAVAREZ FROM TRANSPORTATION, UM, CHIEF PLANNER, UH, TANISHA LESTER, AS WELL AS, UH, ZONING, UH, STAFF MEMBER, UH, JESUS OR RAMIREZ, WHO WORKS ON THE Q TEAM SIDE.
SO YES, IT IS A REQUIREMENT THAT WE USE THE, THE VALET.
THAT WOULD BE AN AGREEMENT THAT WE ARE, UM, THAT WOULD ALSO BE FILED AND RECORDED, UH, WITH THE COUNTY AS WELL.
SO THAT WOULD BE SOMETHING THAT IS A, THAT IT MAINTAINS ITSELF AS LONG AS THIS PARTICULAR, UH, USES IN PROGRESS.
I HAVE A, A QUESTION RELATED TO THE MAXIMUM CAPACITY OF YOUR DINING ROOM.
SO WHAT WE'VE GOT IS ON THE FIRST LEVEL, WE'RE EXPECTING, UM, 70.
ON THE SECOND LEVEL, WE'RE EXPECTING 50.
AND KEEP IN MIND, THESE ARE GOING TO BE, UH, THE TABLES, YOU KNOW, YOU'RE GONNA HAVE CART SERVICE THROUGH THROUGHOUT THERE.
UH, AND AS FAR AS THE OCCUPANCY AND THE, AND THE TYPE OF, UH, RESTAURANT, UM, UH, SERVICE ITSELF FOR THE OCCUPANCY QUESTION, I COULD REFER YOU TO, UH, THE RESTAURATEUR HIMSELF WHO WILL BE ABLE TO, TO GIVE YOU MORE DETAIL IF YOU, IF THAT WOULD HELP SATISFY YOUR QUESTION.
BUT FOR THE OCCUPANCY COUNT, 71ST FLOOR, 52ND FLOOR, I, SO IN THE PD THERE'S SOMETHING THAT SAYS IF YOU HAVE A RESTAURANT WITH NO DRIVE THROUGH AND IT HAS A MAIN FLOOR AND A AND A TOP FLOOR, YOU HAVE TO HAVE A CERTAIN AMOUNT OF PATIO SPACE.
IS THAT RIGHT? A CERTAIN AMOUNT OF PATIO SPACE, SOMETHING LIKE 600 SQUARE FEET OF, SO YOU KNOW WHAT I'M TALKING ABOUT.
I, I'M FAMILIAR WITH WHAT RELEASING THE PD TO, TO OUR PARTICULAR RESTAURANT IN THE PROCESS THAT, THAT WE WENT THROUGH.
SO THERE WERE ADDITIONAL DESIGN CREDITS THAT WE, UH, WE ALSO ACHIEVED, UH, IN TERMS OF, UM, UH, OUR ART MURALS THAT WE DO, THAT WE HAVE ON, ON SITE, THERE WERE DESIGN CREDITS THAT WERE IMPLEMENTED AS WELL.
WE TOOK, WE, WE, YOU KNOW, WE TOOK THE PLAN THROUGH, UH, THE Q TEAM PROCESS.
SO IT WAS FULLY EVALUATED, UH, IN TERMS OF DESIGN.
WE RECEIVED OUR BUILDING PERMIT.
WE ARE, I WOULD SUGGEST WE'RE NEAR ABOUT 80% INTO, UH, CONSTRUCTION PHASE NOW.
UH, AND WE ARE ADHERING TO THE BUILDING PERMIT AS IT WAS APPROVED.
AND IN THIS PARTICULAR MATTER, THE BUILDING, UH, PERMIT APPLICATION WE HAD WAS APPROVED BY THE BUILDING OFFICIAL, UH, HIMSELF, MR. UH, MR. ISKANDER.
UH, SO THIS IS, THIS IS, LIKE I SAID, WE WE'RE TRYING TO SIMPLIFY THE REQUEST JUST TO THE 22.
AND NOT NECESSARILY, UM, WE ARE NOT, UM, WE ARE NOT LOOKING TO CHANGE, UH, THE APPROVED DESIGN, UH, AT THIS TIME.
THIS IS, THAT'S NOT SOMETHING THAT WE WERE PRESENTING TO YOU AT THIS TIME.
WE'RE NOT PRESENTING ANY, ANY ASPECTS TO CHANGE THE DESIGN AS IT HAS BEEN APPROVED BY THE BUILDING.
TO, TO FIND WHAT I THINK, UH, IT IS RELATIVELY COMPLICATED FOR LAYMAN.
BUT IT, IT, AND WHILE YOU'RE LOOKING, I CAN ALSO SPEAK TO THE FACT THAT, UM, THE APPROVAL THAT WE HAVE WITH OUR BUILDING PERMIT, THE, THE TERMS THAT WERE SET FORTH AND THERE WERE ALSO SIMPLIFIED AND THAT THE BUILDING OFFICIAL, UH, CONDITIONED OUR CO UM, BASED UPON WHETHER WE UTILIZE THE PARKING AGREEMENTS THAT WE HAVE AT, WE HAD, WE SUBMITTED AT THE TIME, OR IF WE PURSUE BOARD OF ADJUSTMENTS AND HAVE THAT REDUCTION IN PLACE.
SO THIS IS THE QUESTION IS JUST ABOUT THE 22 SPACES THAT WE WE'RE TRYING TO REDUCE FROM THE CONTINENTAL PROPERTY, FOR WHAT IT'S WORTH.
DO YOU, DO YOU HAVE ANY IDEA? UH, THE OTHER THING I'VE READ SOMETHING ABOUT
[01:35:01]
ESSENTIALLY BEING ABLE TO BUY OUT OF THIS PAY INTO SOME FUND.SO THERE ARE, THAT MAY BE, IT'S, THERE ARE LIKE 13 SUBDISTRICTS, SO IT'S POSSIBLE THAT THAT ISN'T, YOU'RE IN SUBDISTRICT ONE.
SO THERE IS OPPORTUNITIES TO PAY INTO CERTAIN FUNDS TO ALSO HAVE, UH, OR ACHIEVE CERTAIN ADDITIONAL CREDITS.
UM, WHEN YOU'RE IN A, YOU KNOW, WE'RE, WE'RE LOOKING AT A FINE DOWNING ESTABLISHMENT.
FOLKS ARE GONNA WANT TO, THEY'RE GONNA WANNA HAVE THEIR CARS, UH, LIKELY VALET.
UM, OUR, OUR PLATES ARE GONNA BE SOMEWHERE CLOSE TO THE 100, 1 25, UH, PER PERSON.
UM, AND TYPICALLY THAT, THAT, THAT PERSON THERE MAY NOT NECESSARILY, UH, THE MAJORITY OF THE TIMES BE AN UBER PASSENGER.
THEY'RE GONNA BE ARRIVING IN THEIR, IN THEIR VEHICLE, THEIR PERSONAL VEHICLE.
UM, AND SO WE THINK THAT, UH, USING THE VALET, USING A, A LOCATION THAT IS IN CLOSER PROXIMITY WOULD GIVE THE COMFORT, THE ADDED COMFORT, AS WELL AS THE OVERALL PUBLIC SAFETY IMPROVEMENT.
JUST TO HAVE THAT PARKING RIGHT THERE.
YOU CAN SEE YOUR CAR MOST TIMES WHEN YOU GO TO RESTAURANTS, YOU VALET AND THE CAR IS WHISKED AWAY.
YOU DON'T KNOW WHICH WAY IT GOES.
THIS, HERE YOU HAVE CLEAR LINE OF SIGHT.
YOU CAN SEE YOUR CAR WHERE THE VALET WAS TAKING IT.
THE OPPOSITE OCCURS WHEN YOU HAVE THE 22 SPACES THAT ARE AROUND THE CORNER.
YOUR CAR NOW POTENTIALLY IS GOING AROUND THE CORNER WITHOUT ANY TYPE OF VISIBILITY TO THE PATRON, TO US, TO THE VALET OPERATORS.
AND SO IT, IT APPEARS AT LEAST AT A, IN ITS SIMPLEST FORM, THAT WE'RE CONTRIBUTING TO SOME RISKS.
AND SO BY HAVING THE PARKING DIRECTLY ACROSS THE STREET, WE'RE MITIGATING THOSE PUBLIC SAFETY RISK.
YOU MENTIONED THAT THERE WERE 43 STRIPED PLACES.
DO YOU HAVE AN ESTIMATE ON HOW MANY CARS CAN BE PARKED IN THOSE SPACES USING THE VALETS? 'CAUSE WE ALL KNOW HOW VALET STAT ARE.
SO IT IS OUR ESTIMATION THAT, UH, WE CAN MAXIMIZE, UH, ONE AND A HALF TIMES THE STRIKE SPACES IN THE PARKING LOT.
UM, AND THAT WOULD ACTUALLY ALLOW US, NOT BY CODE, BUT BY PRACTICE, WE CAN ACTUALLY ACHIEVE THE FULL 72 SPACES THAT ARE REQUIRED.
SO I THINK I MAY HAVE FOUND WHAT I WAS TALKING, AND MAYBE WHERE YOU'RE GETTING SOME OF IT, IT SAYS, UM,
UP TO 10% OF THE TOTAL FLOOR AREA OF THE RESTAURANT OUTSIDE SEATING MAY NOT BE CONVERTED TO INTERIOR FLOOR AREA UNLESS ADDITIONAL PARKING IS PROVIDED.
IS THAT WHERE THOSE EXTRA PARKING SPACES COME FROM IN TERMS OF WHAT EXTRA SPACES, MR. ER, IT ESSENTIALLY SAYS YOU CAN HAVE UP TO 10% OF THE TOTAL BUILDING AREA AS OUTSIDE DINING.
AND YOU DON'T HAVE TO PARK THAT 10%.
SO THAT, THAT GOES INTO THE CALCULATION OF THE CREDITS.
SO THAT'S WHERE THAT, THOSE FIVE CAME FROM.
IN COMBINATION WITH THE DELTA CREDITS, THERE WERE THREE DELTA CREDITS THAT WERE ALSO THERE.
AND WE BELIEVE THAT TWO WERE PROVIDED BY, WELL, TWO WERE PROVIDED BY STAFF THROUGH THE DESIGN CREDITS, WHICH IS WHAT YOU'RE REFERENCING, UH, BY THE
IS THAT WHAT THE DESIGN CREDIT IS THAT I JUST READ? SURE, SURE.
I, I DON'T, SO THAT WOULD APPLY TO THE DESIGN AND THE USE OF THE AVAILABLE SPACE.
UM, YOU GUYS, UM, THE REMOTE PARKING, WILL IT MEET ONSITE LANDSCAPE? IT, THERE SEEMS TO BE A LANDSCAPE REGULATION IF IT'S REMOTE PARKING THAT, UH, I DON'T SEE IN THE DOMINO'S LOT.
SO IN TERMS OF THE, BECAUSE THE DOMINO'S LOT ITSELF, UH, HAS AN EXISTING CO UH, THEY'RE NOT REQUIRED TO MAKE ANY, ANY CHANGES TO, TO THEIR, THEY'RE ONLY ENTERING INTO THE PARKING AGREEMENT WITH US.
AND OUR LANDSCAPING HAS BEEN THOROUGHLY, UH, UH, REVIEWED AND IT WAS APPROVED, UH, WHICH IS WHY, LIKE I SAID, WE'RE CURRENTLY IN THE, UM, IN THE FULL CON CONSTRUCTION PHASE, NOW, NEAR COMPLETION, ABOUT 20% OR SO, UH, REMAINS IN TERMS OF CONSTRUCTION, UH, ON SITE.
WE'RE TRYING TO, WE'RE TRYING TO LOOK AT THIS.
WE WERE, WE, WE WERE PATIENT IN TERMS OF, UH, PRESENTING THIS PARTICULAR APPLICATION TO THE BOARD.
[01:40:01]
SURE THAT WE WERE, THERE WERE GONNA BE NO CHANGES OR OTHER CHANGES, UM, TO HOW WE USE THIS SITE.WE'RE TAKING A BEER AND WINE LOCATION PREVIOUSLY, TURNING IT INTO A FINE DINING ESTABLISHMENT, SERIOUSLY, WITH PUBLIC SAFETY ALL ON OUR MINDS.
SO THE NEIGHBORS HAD TROUBLE WITH THE TRANSIENT, UH, TRAFFIC THAT WAS OVER THERE.
UM, AS WE ALL KNOW, WE'RE DEALING WITH, WITH HOMELESS, UH, HOMELESSNESS, UH, ISSUES, UH, THROUGHOUT THE CITY, BUT PREDOMINANTLY ALONG RIVERFRONT.
THIS HOMELESSNESS IS COMING FROM, UH, ANOTHER NEIGHBOR OF OURS.
IT'S A LITTLE BIT FURTHER DOWN THE ROAD.
UM, YOU KNOW, THE TRINITY RIVER, THOSE THAT ARE BEING RELEASED FROM STER, UH, THERE ARE A NUMBER OF OTHER AREAS THERE.
AND SO WHAT WE'RE TRYING TO SAY IS, THIS IS A GREAT OPPORTUNITY TO BEAUTIFY, RIVERFRONT, CONTRIBUTE TO THE TAX BASE, BUT ALSO BE A VISIBLE PRESENCE.
OUR HOURS DO NOT CONFLICT WITH OUR NEIGHBOR.
WE START AT 5:00 PM THEY START AT EIGHT, 8:00 AM IN THE MORNING.
THEY END AT 5:00 PM SO WE'RE PUTTING MORE EYES IN THE NEIGHBORHOOD.
WE'RE, WE'RE, WE'RE, WE'RE GONNA BE THE NEIGHBORHOOD WATCH, SO TO SPEAK, WHEN EVERYONE ELSE IS AT HOME, UH, ENJOYING THEMSELVES.
AND WE EXPECT THEM TO DO THE SAME THING TO LOOK OUT FOR US, UH, WHEN THEY'RE THERE.
HAVE YOU READ THEIR LETTERS THAT WE'VE READ? YES, I'VE READ THEIR LETTERS.
AND, AND THE MAJORITY OF THEIR LETTERS, UH, ARE BASED ON THE RESTAURANT USE ITSELF.
UH, WHICH AS YOU ALL KNOW, THERE'S RIVERFRONT, IS, IS, IS GROWING.
AND THERE ARE MANY RESTAURANT OPPORTUNITIES ALONG THERE.
UH, SOME OF WHICH ARE, ALL OF WHICH WILL BE IN COMPETITION WITH US.
BUT, UH, YOU HAVE TOWN HARV, UH, YOU'VE GOT CARLOS ANTE, YOU HAVE BELLINI'S ACROSS THE STREET, AND DOMINO'S ITSELF IS ACTUALLY A RESTAURANT.
SO, UH, WHETHER THERE'S A DINE-IN OPPORTUNITY THERE OR NOT IS STILL A RESTAURANT.
UH, AND ONCE AGAIN, IT CONTRIBUTES TO THE TAX BASE.
THIS IS, UH, IN ITSELF A VERY UNCONTROVERSIAL APPLICATION.
I JUST WANNA MAKE SURE, UH, WE'RE QUASI-JUDICIAL.
WHICH MEANS THERE'S A LOT OF STUFF THAT OTHER BOARDS AND CITIZENS CARE ABOUT THAT WE CARE ABOUT, BUT WE'RE NOT ALLOWED TO.
SO OUR DECISION ESSENTIALLY COMES DOWN TO, WELL, A COUPLE THINGS.
ONE HAS TO DO WITH PEDESTRIAN SAFETY, BUT A BUT A BIG PART IS, HEY, IF WE DO THIS, IS THEY'RE GONNA BE OVERFLOW THAT, THAT, UM, THAT AFFECTS OTHER PROPERTIES.
AND, YOU KNOW, REGARDLESS OF WHAT THE, THE LEGAL USE IS, YOU'RE NOT ASKING FOR A USE THAT ISN'T IN THE ZONING CODE.
BUT IF WE APPROVE THIS, WE HAVE TO BELIEVE THAT, UH, THE AREA, UH, DOESN'T MEET THE AMOUNT OF PARKING, BUT THE PD SAYS IT DOES.
LIKE, LIKE WE, WE HAVE TO CONCLUDE THAT.
AND, AND WE, YOU KNOW, YOU, WE HAVE TO ASSUME THAT, YOU KNOW, ANY BUILDING THAT IS IN THE PD COULD BE USED FOR ANY BUILDING.
I, I READ THEM TO, TO HAVE THAT, THAT CONCERN.
AND MR. THOMPSON COULD GO BACK TO THE, THE SLIDE THAT WAS THERE.
WHAT YOU'LL SEE IN THAT AERIAL VIEW, I REALLY WANNA, YOU GOT, UH, YOU'VE GOT IT UP THERE, BROUGHT THE MICROPHONE.
SO YOU SEE WHERE WE'RE SHADED RIGHT THERE, UM, IN BLUE.
AND THEN YOU SEE THERE, UH, IN RED, UM, DIRECTIONALLY THERE, UH, ON BOTH SIDES, YOU'LL SEE THE, THESE, THAT LONG RED LINE THAT'S RIGHT THERE ALONG PANE.
AND THEN IF YOU COULD GO DOWN PANE, YOU'LL SEE THE SPACES.
THERE'S A SMALL SET OF RED RIGHT BEHIND THE BLUE, THEN THERE'S A LONG LINE OF RED RIGHT THERE.
THOSE SPACES ARE CITY OF DALLAS PUBLIC PARKING SPACES.
THESE WERE ENVISIONED OVER 40 YEARS AGO TO SUPPORT THE BUSINESSES THAT WERE ALLOWED, PROVIDED ZONING TO BE IN OPERATION THERE.
THOSE PUBLIC SPACES GO UNDERUTILIZED.
AND SO THERE ARE OTHER PARKING OPPORTUNITIES THAT WOULD NOT ENCUMBER OUR NEIGHBORS THAT ARE PUBLIC SPACES THAT'LL SUPPORT US.
UNFORTUNATELY, WE COULDN'T USE THOSE PUBLIC SPACES IN OUR COUNT.
BUT I WOULD LIKE YOU TO ALL TO REVIEW THAT AND LOOK AT THAT FAIRLY, THERE ARE AVAILABLE PARKING SPACES THAT ARE OWNED BY THE CITY OF DALLAS THAT ACTUALLY SUPPORT THIS TYPE OF USE.
JUST WANTED TO MAKE SURE I, I POINTED
[01:45:01]
THAT OUT.THE, THOSE, UM, RED SPACES THAT YOU SEE ALONG PANE, UH, ON BOTH SIDES OF THE STREET THERE, THOSE ARE CITY OF DALLAS PARKING SPACES.
UH, THOSE SPACES, LIKE I SAID, ARE UNDERUTILIZED.
THOSE SPACES WOULD BE AVAILABLE TO PATRONS, NOT JUST TO THE RESTAURANT, BUT THESE OPERATE AS OVERFLOW SPACES FOR ALL NEIGHBORS TO USE IN THERE.
AND NEITHER SIDE, NEITHER NEIGHBOR CONTROLS THAT CITY OF DALLAS CODE COMPLIANCE OR CITY OF DALLAS PARKING ENFORCEMENT WOULD MAINTAIN THAT.
SO YOU'VE GOT A LAYER OF OVERSIGHT THERE THAT IS ALSO MAINTAINED, AND THAT CITY STAFF WOULD BE IN A POSITION TO, TO DO WHAT THEY, THEY ALREADY DO NOW, AND TO, TO REGULATE, UH, PARKING IN THE AREA.
BUT I THINK WE'VE GOT A WEALTH OF PARKING OPPORTUNITIES HERE, NOT JUST AT THE DOMINO'S LOT FOR US, BUT THE AVAILABLE, UM, UH, CITY OF DALLAS PUBLIC SPACES THAT ARE THERE, THAT ARE ACTUALLY, UM, THAT COME WITH NO, UM, TIME LIMITS.
AND THEY ARE, RIGHT NOW, THEY'RE NOT MONETIZED.
SO THESE ARE FREE PARKING SPACES.
AND THAT COULD BE SOMETHING THAT A, A PATRON WOULD, WOULD CONSIDER.
YOU DO HAVE THE RIGHT TO MONETIZE THEM.
I, I READ, IS THAT YOUR INTENTION OR NOT? SO IN TERMS OF MONETIZING THE CITY SPACES, NOT THE CITY SPACES, BUT THE OTHER, SO WE, WE ACTUALLY COULD HAVE AN OPPORTUNITY TO MONETIZE, OR AT LEAST USE THE VALET, UH, OR THE OWNER AT THE DOMINO SPOT, MAYBE, CORRECT.
YEAH, WE COULD, WE COULD LOOK AT THAT, BUT WE, THAT, THAT WOULD OPEN UP ANOTHER LAYER AND TURNING THOSE INTO VALET SPACES.
UH, BUT THAT WOULD ENTER INTO A SEPARATE AGREEMENT WITH THE CITY WHERE WE PAY THE CITY TO USE THOSE SPACES AND USE 'EM FOR VALET.
AND THEN, BUT, UH, AT THIS TIME, IT IS OUR, YOU KNOW, OUR PRACTICE, AND WE, WE DO HAVE PROVEN CONCEPTS HERE IN THE CITY OF DALLAS.
WE, WE WOULD NOT BE, THIS, THIS VALET OPPORTUNITY, UH, FOR OUR NORMAL OPERATING HOURS WOULD BE COMPLIMENTARY.
SO WE WOULD ALSO NOT BE IN COMPETITION WITH THOSE FREE SPACES THAT ARE THE CITY SPACES.
SO YOU'RE, YOU'RE, YOU KNOW, YOU'RE GETTING COMPLIMENTARY VALET AND YOU'RE COMING TO A FINE DINING ESTABLISHMENT, AND YOU HAVE THE CHOICE CITY, CITY OF DALLAS PUBLIC SPACES OR VALLEY SPACES WITH US EITHER WAY.
AND THOSE SPACES, ONCE AGAIN, THE PUBLIC SPACES ARE NOT MAINTAINED OR MANAGED BY US.
UH, AND THEY ARE OPEN TO ANY OF THE NEIGHBORS SHOULD THEY DECIDE TO USE THEM.
MR. WELL, UH, MR. MILLER AND MR. DAVIS, UH, I JUST WANNA CLARIFY THE ENTRANCE TO THE, UH, RESTAURANT WHERE YOUR PATRONS WILL ENTER, THAT'S ON RIVERSIDE, CORRECT? ON RIVERFRONT.
I'M THINKING BACK TO MY COLLEGE DAYS.
UM, AND THEN, UH, AS FAR AS THE VALET TEAM, WILL THEY TAKE THE CARS? HOW WILL THEY GET TO THE DOMINO SIDE IF THE PATRONS PULL UP? SO IN REFERENCE TO THE VALET STAFF? YES.
YEAH, IT IS, UH, ONE OF THE THINGS THAT WE ALSO WORKED OUT WITH DAVID, UH, WE ARE GONNA BE IMPROVING.
SO BETWEEN THE RESTAURANT AND THE DOMINO SPACE THERE, WE'RE GONNA BE PROVIDING TRAFFIC IMPROVEMENTS BETWEEN THE STREET THERE, UH, TO, UH, MAKE THAT A IDENTIFIABLE SAFE CROSSWALK.
AND IT IS OUR EXPECTATION THAT VALET WOULD USE THAT CROSSWALK TO GO BACK AND FORTH TO RETRIEVE VEHICLES.
UH, WHEN THEY COME BACK, OBVIOUSLY THEY'LL BE COMING BACK WITH THE VEHICLE.
SO JUST, JUST GOING FROM POINT A TO POINT B WOULD BE USING THE NEW IMPROVEMENTS THAT, THAT ARE GONNA BE IN PLACE, UM, BASED UPON OUR PERMIT.
THIS MAY OR MAY NOT BE TRUE, SO I'M GONNA ADD, I, I HAVE TESTIMONY, WRITTEN TESTIMONY HERE THAT SAYS THAT MR. HOOPER IS LEASING PARKING FROM CHARLES CLIFTON.
HOWEVER, MR. CLIFTON HAS PREVIOUSLY LEASED HIS PROPERTY AT DOMINO'S TO THE OWNERS OF 1107 DRAGON SHOWN, AND NANCY WYNN IN MARCH 21.
A PARKING AGREEMENT FOR THAT LETTER ALREADY EXISTS IN PUBLIC RECORD, AND IT'S ATTACHED.
UM, SO IS THAT TRUE? SO THAT IS TRUE.
AND SO THE WAY THAT WE SATISFIED, UH, UH, THAT IS THROUGH A PARKING AGREEMENT AMENDMENT.
AND SO WHENEVER THE, THE WINS, THE WIN AGREEMENT, AS YOU CAN SEE THERE, IT DOESN'T ACCOUNT FOR A LARGE NUMBER OF SPACES.
SO THERE'S THE REASON WHY WE, UM, WENT THROUGH THE AMENDMENT PROCESS AND THE, UH, IS SO THAT THEY MAINTAIN THEIRS.
WE DIDN'T WANT TO PUT ANOTHER BUSINESS OUT OF BUSINESS.
WE ALLOWED THEM AND, AND ENTERED INTO THE AGREEMENT SO THAT ALL PARTIES COULD
[01:50:01]
MAINTAIN THEIR EXISTING AGREEMENTS.AND SO THE INSTRUMENT THAT WE WILL, UH, THAT WE PUT FORTH IN THE PERMIT PROCESS IS AN AMENDMENT WHERE WE JOIN THAT EXISTING AGREEMENT AND WE ADD ONTO WHAT SPACES ARE REMAINING.
BUT THERE'S STILL AVAILABLE SPACES, EVEN AFTER, AFTER THAT IS ACHIEVED, THAT THIS WOULD BE A PARKING AGREEMENT AMENDMENT.
SO IT'S YOUR UNDERSTANDING THAT MR. CLIFTON, CRC INVESTMENTS HAS SOLD, AT LEAST BY VIRTUE OF A PARKING AGREEMENT, HOW MANY SPACES TO THE WINDS.
SO WHAT YOU'RE SEEING ON THERE, UM, ONCE AGAIN, IT'S GONNA BE, UM, ON THE SIDE PLAN, UH, YOU, THE SIDE PLAN, ALMOST ONE SECOND THERE.
IF THERE'S SIR SKY SIGN THAT HAS THE, THE PARKING COUNT ON IT, IF IT'S NOT, IF IT IS NOT THE, WHAT I'LL SHOW YOU ON, ON THAT SITE PLAN IS YOU'LL SEE, UH, THAT WE INCLUDED THE, UH, SPACES THERE FOR THE WINDS, UH, WHICH THEIR PROPERTY IS ON DRAGON STREET.
AND AS YOU KNOW, IF YOU'VE ATTENDED ANY OF THE ART GALLERY EXHIBITIONS THAT THEY HAVE ON DRAGON STREET, THAT'S ANOTHER REASON WHY WE'RE TRYING TO MAKE SURE WE DON'T, UH, WE DON'T CAUSE ANY CONFLICT THERE, BECAUSE ONCE AGAIN, SENDING CARS IN THAT DIRECTION IS GONNA COMPLICATE THINGS FOR THOSE BUSINESSES THAT HAVE OPERATED FOR A NUMBER OF YEARS.
BUT WE'RE TRYING NOT TO CHANGE HOW THEIR FLOW OF TRAFFIC IS.
SO EVEN IN THIS SITUATION, THE WIND SAID, HEY, WE DON'T HAVE ENOUGH SPACE HERE.
LET'S MOVE TO THIS PARTICULAR LOT.
AND SO WHAT WE'RE SAYING IS THAT THAT'S AN ESTABLISHED PRACTICE.
WE HAD THE CHA, THOUGH, AND, AND, AND, AND THEIR TEAM LOOK AT IT.
AND WHAT YOU'LL SEE IS THERE, UM, THE WINDS ARE PARKING THERE FOR A REASON.
WE WANNA PARK THERE FOR A REASON.
AND THAT REASON IS SIMPLY NOT TO SEND MORE TRAFFIC ALONG BRAGGING, UH, THAT WOULD IN ANY WAY INTERRUPT OR DISRUPT.
UM, THE WAY THAT THE ART GALLERIES HAVE OPERATED OVER THE YEARS, THEY, THEY DON'T HAVE ENOUGH PARKING THERE, UH, WHEN THEIR EVENTS, UM, TEND TO, UH, EXCEED A CERTAIN LEVEL OF CAPACITY, NOT NECESSARILY THEIR OCCUPANCY, BUT A CERTAIN LEVEL OF CAPACITY.
AND SO IF THOSE 22 SPACES ARE, UM, ARE REMAINING, THEN WE WOULD BE COMPETING DIRECTLY WITH THOSE ART GALLERY WITH THE REDUCTION, WE'RE ABLE TO ACHIEVE ALL OF OUR SPACES AWAY FROM THERE AND, AND NOT DISTURBED THOSE THAT ARE, UH, IN OPPOSITION EITHER TO THE RESTAURANT USE ITSELF OR THOSE THAT ARE IN OPPOSITION BELIEVING THAT WE'RE GOING TO, UH, SOMEHOW TAKE THEIR PARKING.
I'M, UH, I'M STILL TRYING TO GET THROUGH NUMBERS HERE.
WHAT I'M READING IS THAT'S, UM, CLIFTON LOOSE WIN.
1107 DRAGON STREET IS THE WINDS PRESUMABLY HONOR.
UM, AND IT SAYS THAT THEY NEED 33 PARKING SPACES, UM, AND THEY HAVE, UH, ZERO TO TEN FIVE DELTAS.
UM, AND THEY OPERATE MONDAY TO SUNDAY AT 5:00 PM TO 2:00 AM MR. CLIFTON OWNS B THE DOMINO'S LOT, NINE 40 RIVERFRONT.
UM, AND HE HAS A RESTAURANT WITHOUT DRIVE-THROUGH SERVICE WITH A A SQUARE FOOT OF, UH, 2058, MEANING HE NEEDS 21.
SO THE NUMBER OF OFF STREET SPECIAL PARKING SPACES ON HIS LOT TO BE SHARED
[01:55:02]
WITH THE WINDS IS 18.AND THAT'S SPECIFICALLY MONDAY THROUGH SUNDAY, 5:00 PM TO 2:00 AM CORRECT.
SO HE NEEDS 21, AND HE HAS CONTRACTED AWAY 18.
AND, UH, I'M TRYING TO REMEMBER, DID YOU SAY HE IS GOT 44 ON THE, ON THE LOT? UH, NO.
SO 43 WOULD BE THE ONES THAT WE WOULD HAVE STRIKE ADDITIONALLY ON THE LOT.
SO IT'S A, IT'S A, IT'S A PACKED PARKING PLAN, UHHUH
AND, UM, SO THE REASON WHY WE WE'RE GOING THROUGH THE PROCESS WOULD BE TO AMEND THAT AGREEMENT FROM WHERE IT PREVIOUSLY WAS NOT A PACKED PARKING PLAN.
SO WE'RE, WE'RE ASKING THAT IT BE A PACKED PARKING PLAN.
SO IT IS ESSENTIALLY RETRIED TO ALLOW FOR THE AVAILABLE SPACES THAT WE'RE, WE ARE ACCOUNTING FOR ON THE PROPERTY.
SO YOU WOULD NEED THE AGREEMENT OF WIN AND CLIFTON TO DO THAT.
AND WE HAVE THE AGREEMENT OF WIN AND CLIFTON TO DO THAT.
UM, WELL, WE, WE WOULDN'T, YOU ONLY NEED THE AGREEMENT OF, UM, OF CLIFTON AS THE PROPERTY ORDER AND THEN ON THE, ON THE AGREEMENT ON THE AMENDMENT.
YOU WOULD NEED WHEN, AND ANCE NO AMENDMENT OR TERMINATION OF THIS AGREEMENT IS EFFECTIVE UNTIL THE AMENDMENT OR TERMINATING INSTANCE FILED ACCORDING.
UM, THE AGREEMENT AND NOURISHED THE BENEFIT OF IS ENFORCEABLE BY THE PARTIES TO THE AGREEMENT.
AND THE CITY, IF A USE OF BEING OPERATED IN VIOLATION OF THIS AGREEMENT, BUILDING OFFICIAL SHALL REVOKE OCCUPANCY OWNERS ATTRACT A AND B, ACKNOWLEDGE CITY OF THE RIGHT TO ENFORCE THIS AGREEMENT BY ANY LAWFUL MEANS RULING FILE AN ACTION COURT, UH, COMPETENT JURISDICTION, LAW AND OR EQUITY AGAINST ANY PERSON VIOLATING OR ATTEMPTING TO VIOLATE IT.
SO WE ARE SO, SO IN, IN THE, THIS LOT, AS YOU CONSIDER RETRIP IT OR, OR WHATEVER, HOW MANY TOTAL PACT SPACES ARE THERE? WILL THERE BE HOW MANY TOTAL PACK SPACES? UH, SO IN THE PACKING PROCESS, HOW MANY STRIPE SPACES VERSUS HOW MANY PACK? IT WOULD BE DIFFERENT.
HOW, HOW MANY PARKING SPACES THAT COUNT TOWARDS WHATEVER YOU HAVE TO HAVE.
THE, THE ONES THAT WE'LL HAVE STRIPE WOULD BE THE 43.
SO TAKING INTO ACCOUNT THE TWO THAT WE HAVE ON SITE AND THE FIVE THAT ARE A COMBINATION OF DELTA AND DESIGN CREDITS, I JUST MEAN BY MR. CLIFTON'S LOT.
AND SO ARE, ARE YOU TELLING ME THAT, THAT WYNN AND CLIFTON HAVE AGREED TO RIP UP THIS AGREEMENT? NO.
SO WE WANT TO MAINTAIN THE AGREEMENT SO THAT, SO IF WE WERE TO RIP THE AGREEMENT UP BY CODE, UH, THE WINDS WOULD LOSE THEIR BUSINESS.
SO AMEND IT AND SO AMEND IT WOULD BE THE WAY TO ENTER INTO THIS AS ALSO AS A GOOD NEIGHBOR MM-HMM
IS TO MAKE SURE THAT THEY ARE NOT IMPACTED NEGATIVELY.
SO OUR AGREEMENT WITH THEM WOULD BE TO PRESERVE THEIR BUSINESS AND ALLOW FOR THOSE SPACES, WHICH IS WHY, UH, WE WERE LOOKING AT THE CONTINENTAL LOT BECAUSE IF HAD WE DECIDED TO TERMINATE OR AGREE TO TERMINATE THEIR CO THEY'D LOSE THEIR BUSINESS, BUT WE WOULD'VE BEEN ABLE TO ACHIEVE ALL OF OUR PARKING AT THE DOMINO'S LOT.
THIS IS SIMPLY, UH, AN OPPORTUNITY OF GOODWILL, UM, AND NEIGHBORLINESS TO ALLOW THAT BUSINESS TO STILL OPERATE.
UM, AND SO THAT'S HOW WE CAME UP WITH THIS PARTICULAR CARVE OUT OF THE DIFFERENT, UH, PARKING AGREEMENTS, WHICH IS TO SAY YOU THINK YOU COULD FORCE THE WHIMS OUT IF YOU WANTED TO.
THAT'S WHAT YOU MEAN BY GOODWILL.
WAS NOTHING CONSIDERED IN THAT, IN THAT, IN THAT, BUT YOU, I JUST, YEAH.
SO FROM A ILL WILL STANDPOINT, THAT NEVER CROSSED OUR MIND.
THE, THE MATH I KEEP GETTING TO IS, OKAY, THERE ARE ON, ON THE, UM, CLIFTON LOT.
THERE ARE, UM, HE NEEDS 21 SPACES AND, UM, THERE ARE 41 SPACES CURRENTLY, AND, UH, HE'S SHARING 18.
BUT YOU ARE SAYING AS YOU REDO IT, YOU'RE GONNA GET TO 40.
IF YOU LOOK AT THE, THE LOOK AT THE AGREEMENT AS AN EXHIBIT, AND YOU LOOK AT THE SQUARE FOOTAGE AND YOU MAKE THE CALCULATION OF THE SQUARE FOOTAGE THAT'S LISTED IN THERE, UM, FOR THE DOMINO'S LOT, UH, FOR THE DOMINO'S BUSINESS ITSELF.
UM, AND YOU DO THE ONE PER 1 0 5, THAT'S HOW WHAT WE FOUND WAS, IS JUST A CALCULATION ERROR.
AND THEIR REQUIRED SPACES ARE ACTUALLY LESS THAN
[02:00:01]
WHAT THEIR CEO HAD STATES CURRENTLY.UM, AND SO THERE COULD BE AN OPPORTUNITY, BUT WE'RE NOT EVEN ASKING TO GO THAT FAR.
WE'RE SIMPLY SAYING, UH, AS GOOD NEIGHBORS, WE WANNA PARTY TO AN AGREEMENT, UH, THAT IS EXISTING, PRESERVE THAT BUSINESS PARK IN PROXIMITY, NOT SEND MORE CARS TOWARDS DRAGON, WHICH IS WHAT THE WINDS HAD ACHIEVED WHEN THEY ENTERED INTO THIS AGREEMENT, IS THEY DIDN'T HAVE ENOUGH PARKING ALONG, UH, DRAGON.
AND SO THEY FOUND PARKING THAT WOULD NOT CAUSE FURTHER DISRUPTION ON PAYING RIVERFRONT.
WE'VE GOT AVAILABLE PARKING, LET'S USE IT OVER HERE.
LET'S NOT ENCUMBER OUR NEIGHBORS.
SO I GUESS IF I BOIL DOWN, WHAT I'M ASKING ABOUT IS SURE.
WITHOUT READING THE, THIS PROPOSED AGREEMENT, RIGHT? IT FEELS LIKE WHAT YOU'RE TALKING ABOUT IS DOUBLE COUNTING SPACES, AND IT FEELS LIKE, LIKE I'VE GOTTA GIVE THE WINDS CREDIT FOR WHATEVER SPACES THEY'VE AGREED TO, AND I'VE GOTTA GIVE MR. CLIFTON CREDIT FOR WHAT HE NEEDS FOR HIS DOMINANCE.
AND WHEN I ADD THOSE TWO NUMBERS UP, I SEE LIKE TWO SPACES LEFT ON THAT LOT.
SO WHAT YOU'RE REFERRING TO IS THE, THE WAY THAT THE, THE SPACES ARE CURRENTLY STRIKED, UHHUH
AND SO WITH THIS PARTICULAR REDUCTION COUPLED WITH THE AMENDMENT, IT DOES REQUIRE US TO RETRIP BASED UPON THIS DECISION.
AND THAT'S THE REASON WHY OUR PARKING AMENDMENT, OUR PARKING AGREEMENT, REQUIRES A DECISION HERE TO DETERMINE WHAT THAT REQUIRED PARKING NUMBER WOULD BE.
AND SO ONCE WE HAVE THAT NUMBER, WHICH BASED UPON OUR REQUEST WOULD BE 50, THAT WOULD BE OUR REQUEST AT 50.
FROM 50, YOU BEGIN TO APPLY THOSE TWO SPACES ON SITE BRINGING YOU TO 48, AND THEN THE ADDITIONAL, UH, SPACE CREDITS THAT BRING YOU DOWN TO 43.
AND SO WE BELIEVE THAT WE CAN ACHIEVE ALL THE SPACES THAT WE NEED AT THE DOMINOES SHOULD THIS REQUEST BE APPROVED.
BUT WE ALSO COULD EASILY MAXIMIZE OUTSIDE OF THE STRIPED SPACES, AND WE COULD REALLY PARK 72 TO 73 SPACES HERE AT ANY GIVEN TIME.
BECAUSE IF NECESSARY, IF NECESSARY.
SO YOU KNOW, MR. CLIFTON'S PROBABLY NOT A VALET FOR, FOR THE DOMINOES.
BUT WHAT I, WHAT I READ HERE IS MR. CLIFTON NEEDS 21, AND HE IS ESSENTIALLY ALLOWING THE USE OF 18 OTHERS.
SOMEHOW, AND, UH, MS. P*****K SEEMS TO UNDERSTAND HOW THIS LOOKS.
YOU, THERE'S A WAY TO TAKE THE 41 SPACES ON THIS LOT AND MAKE IT 78.
IF YOU HAVE 43 STRIPED SPACES TO WHICH YOU ARE ENTITLED, AND YOU SAID YOU CAN STACK HALF, CORRECT.
SO LET'S BE CONSERVATIVE AND SAY 20 THAT BRINGS YOU TO 63 PLUS SEVEN IS 70.
AND THEN IF YOU HAVE A CAPACITY OF 120 DINERS, MOST DINERS, UH, UH, VISITING YOUR ESTABLISHMENT WILL MOST LIKELY COME IN TWOS AND PERHAPS THREES OR FOURS.
SO IF THEY EVEN CAME IN TWOS, YOU'D ONLY NEED SPACES FOR 60 CARS.
AND THAT MEANS YOUR ESTABLISHMENT WOULD BE OPERATING AT MAXIMUM CAPACITY ALL THE HOURS YOU ARE OPEN.
BUT EVEN IF AT MAXIMUM CAPACITY, YOU'D ONLY NEED ABOUT 60 SPACES PLUS, PLUS KITCHEN, WELL STAFF HAVE OTHERS, I ASSUME STAFF IS GOING SOMEWHERE ELSE.
AND THAT'S THE, WHERE, WHERE ARE YOU PUTTING IT? WELL, ON THOSE STREETS? WELL, ON THOSE STREET OPEN STREET PARKING, BECAUSE THOSE ESTABLISHMENTS CLOSE AT FIVE OR SIX O'CLOCK.
SO NOW YOU UNDERSTAND WHY THE NEIGHBORS MAY NOT BE SUPER HAPPY ABOUT IT? WELL, THEY'RE NOT COMPLAINING.
UM, IF, IF THE NEIGHBORS ARE CLOSING AT FIVE, THE LIKELIHOOD THAT THEY ENCOUNTER STAFF OR ANYONE AT, UH, OR PATRONS IS GONNA BE, UH, UH, HIGHLY UNLIKELY IF THEIR OPERATING HOURS, UH, DON'T CONFLICT.
UH, OUR OPERATING, OPERATING HOURS START AT 5:00 PM AND I THINK THE CITY HAS GREAT VISION IN TERMS OF THESE AVAILABLE, UH, PUBLIC SPACES, WHICH TYPICALLY YOUR WORK, THOSE ARE CONSIDERED YOUR WORKFORCE SPACES ANYWAY.
AND A LOT OF YOUR WORKFORCE WILL ALSO BE DEPENDING ON PUBLIC TRANSPORTATION.
UH, A LOT OF THEM WOULD ALSO BE DEPENDING ON RIDESHARE.
AND SO YOU'LL SEE A MULTITUDE OF OPTIONS FOR PARKING FOR STAFF.
[02:05:01]
THAT ARISES? UM, I'M JUST TRYING TO FIGURE OUT OKAY.WHAT, WHAT WOULD I NEED TO KNOW TO, TO GET TO, YES.
PART OF IT IS WE HAVEN'T SEEN ANY OF THE, AND I WISH WE HAD AND ANY OF THE, THE, UH, PARKING STUDIES, WHICH IS SOMETHING WE NORMALLY SEE.
WE JUST HAVEN'T, UM, WE CHOSE A REPUTABLE THIRD PARTY.
JUST TO MAKE SURE THAT THE, IT WASN'T JUST LANGUAGE THAT WAS COMING FROM US.
I, I JUST, UM, NORMALLY, NORMALLY WE, WE SEE IT.
UM, THE OTHER THING I, I FEEL LIKE I HAVE TO BE ABLE TO BE SURE OF IS THAT THERE IS A PARKING AGREEMENT THAT IS ENFORCEABLE AND DURABLE AND THAT, AND THAT IT, IT LASTS.
UH, AND SO, SO TO ANSWER THAT QUESTION FOR YOU, PARKING AGREEMENTS ARE ONE OF THE MOST ENFORCEABLE INSTRUMENTS THAT THE CITY HAS.
UH, BECAUSE IN ORDER TO REMOVE YOURSELF FROM THAT, YOU HAVE TO GIVE UP YOUR BUSINESS.
YOU HAVE TO QUOTE, YOU HAVE TO, YOU, UM, D TERMINATE YOUR CO I I DO KNOW THIS.
I I HAVE BEEN INVOLVED IN IT THROUGH BUSINESS.
I, I, UM, SO I GUESS I'D, I'D HAVE TO SEE THE PROPOSED AMENDMENT, BECAUSE WHAT I'M READING EXISTS, I, I'M NOW LOOKING AT WHAT'S UP AND I, I, I THINK I UNDERSTAND WHAT MS. P*****K IS, IS THIS, THEY'RE SAYING YOU CAN STACK THREE ON IT IF YOU'RE EASILY DOING VALET.
AND THE VALET COMPANIES, THEY WOULD MAXIMIZE IT AS A, JUST AS A GENERAL PRACTICE.
WELL, YOU CAN, BUT IT WON'T END THE WAY YOU WANT IT.
UM, IS THERE A WAY TO SHOW THE P THE, THE WHOLE OF THE, OF THE PLAN DEVELOPMENT? AND CAN YOU OPEN UP, UH, MAPS AND GIVE US A WIDER VIEW OF WHAT THEN EXACTLY WHAT, SO I DON'T KNOW WHAT OTHER BOARD OF, I KNOW, FOR EXAMPLE, THIS BOARD RECENTLY ISSUED A WAIVER OF ABOUT 300 SPACES, UH, A COUPLE MONTHS AGO.
UH, UH, JUST, JUST TO THE NEXT DOOR.
UM, UH, UH, I JUST WANNA HAVE A, A, A SENSE FOR CAN I, CAN I JUST HAVE A BIGGER PICTURE, UM, BECAUSE I WANT THEM ASK FROM WHAT I CAN TELL.
SO WHILE THEY'RE DOING THAT, FROM WHAT I CAN TELL RIVER, NOW YOU GOT ME SCREWED UP.
RIVERFRONT RIVERSIDE
UH, IS THERE ANY WAY TO, TO JUST PULL UP GOOGLE MAPS? YES.
AND THIS, THIS HELPS WITH ALL THE SUB-DISTRICTS, BUT I KNOW THIS IS, THIS IS A ONE, UM, UM, LIKE I, UH, MAYBE YOU CAN POINT OUT WHERE WE GAVE THAT, UH, THE, THE TRICK IS, THE REALITY IS EVERY TIME WE GIVE A PARKING REDUCTION, WE LIMIT THE NEXT SET.
WE LIMIT IT FOR THE NEXT PEOPLE, BECAUSE ESSENTIALLY THERE'S SOME WORLD OF PARKING SPACES THAT ARE ACTUALLY NEEDED.
AND EVERY TIME WE GRANT A REDUCTION, WE EAT INTO THAT, THAT THEORETICAL THING THAT WE THINK CODE DOESN'T ALLOW.
SO EVERY TIME WE DO IT MAKES IT HARDER THAN THE NEXT GUY.
UM, AND WITHOUT, I JUST KNOW, THREE OR FOUR MONTHS AGO, WE, AND I BELIEVE IT WAS IN THIS PD, WE, UH, APPROVED RIGHT OFF OAK LAWN.
UH, IS THAT, CAN YOU, CAN YOU JUST OPEN GOOGLE MAP? WELL, I COULD ANSWER TWO OF THOSE QUESTIONS THAT I BELIEVE THAT YOUR, YOUR
I JUST NO, I I, I, I KNOW ABOUT THE, THE CASE THAT YOU'RE REFERRING TO.
AND SO, ANOTHER THING THAT WE TOOK INTO CONSIDERATION THAT'S ALSO HELPFUL IN A DECISION TO APPROVE THIS APPLICATION, WHAT WE'RE DOING IS ACTUALLY MAKING IT MORE POSSIBLE FOR MORE BUSINESSES TO COME IN THERE BY FREEING UP THIS AVAILABLE 22 SPACES OR MORE THAT ARE AVAILABLE AT CONTINENTAL.
SO IF, IF WE WERE TO TAKE THAT
[02:10:01]
CHUNK OF SP 22 SPACES OR MORE, THAT MEANS THAT THERE'S LESS BUSINESS OPPORTUNITY THAT CAN COME IN THERE AND TAKE ADVANTAGE OF THAT.SO THAT WAS ANOTHER OLIVE BRANCH THAT WE WERE TRYING TO MAKE TO A FUTURE OR PROSPECTIVE, UH, NEIGHBOR, GIVING THEM THE OPPORTUNITY TO ENTER INTO THEIR OWN AGREEMENT FOR THOSE SPACES THAT WE REALLY DO NOT NEED.
THEN WE ALSO TOOK INTO CONSIDERATION, UM, AS, AS A PART OF WORKING WITH OUR NEIGHBORS, AS YOU'LL SEE IN THOSE SUPPORT LETTERS, UH, TO TRY TO BE A, A PART OF THE COMMUNITY.
SO WE, WE REACHED YOU OUT ACROSS THE STREET, WE REACHED OUT ON OUR SIDE OF THE STREET, WE'RE REACHING OUT AND, AND WORKING WITH OUR NEIGHBOR DIRECTLY ACROSS THE STREET FROM US.
SO WE, WE'VE, WE'VE DONE OUR BEST TO ENGAGE AS WELL AS BE GOOD STEWARDS BY ALLOWING THOSE 22 SPACES THAT WE'RE ASKING YOU ALL TO, TO, UH, REDUCE, TO BE AVAILABLE FOR ANOTHER BUSINESS SHOULD THEY DECIDE TO MOVE INTO THE DESIGN DISTRICT.
AND THEN I GUESS A THIRD PIECE IS, UH, FOR THE RECORD, I BELIEVE, UH, DIANA MAY BE ABLE TO GIVE YOU A, A MAXIMUM NUMBER.
I HATE TO PUT YOU ON THE SPOT THERE, BUT FOR A SPECIAL EXCEPTION, I BELIEVE OUR APPLICATION IS ALSO RATHER CONSERVATIVE.
WE COULD HAVE, UM, WE COULD HAVE PROPOSED A LARGER NUMBER TO REDUCE, AND WE WERE VERY CONSERVATIVE IN THE NUMBER THAT WE WERE TRYING TO REDUCE FOCUSING JUST ON THAT OFFSITE PARKING LOT.
SO WHAT WE DID WAS, IS FOR THE SPECIAL EXCEPTION, WE DIDN'T UTILIZE THE MAXIMUM THAT WE WERE ALLOWED IN THE APPLICATION FOR THE SPECIAL EXCEPTION.
WE FOCUSED SIMPLY ON THE OFFSITE, UH, PARKING SPACES, LIKE I SAID, TO FREE UP THAT OPPORTUNITY FOR ANOTHER BUSINESS.
SHOULD THEY HAVE TO COME BEFORE THE BOARD OR SHOULD THEY FILE AN APPLICATION, UH, FOR A BUILDING PERMIT? THE DIFFERENCE HERE FROM WHAT WE NORMALLY SEE IS THAT WE'RE TALKING ABOUT REMOTE PARKING.
THE PD EXPRESSLY TALKS ABOUT REMOTE PARKING.
LIKE IT'S, YOU KNOW, IT'S TRYING TO FIGURE OUT A WAY TO PROTECT PEDESTRIANS AND ALLOW REMOTE PARKING.
NOW, WHETHER IT MEANS, YOU KNOW, REMOTE PARKING EXCEPT FOR TWO SPACES IS, BUT THAT'S, UH, IT'S DIFFERENT THAN MANY, MANY TIMES.
WE JUST SEE, HEY, WE THINK THIS SITE, THE USE ON THIS SITE DOESN'T REALLY NEED ONE PER 100.
THIS IS, THIS IS DIFFERENT, BUT IT'S EXACTLY WHAT, WHAT THE PD IS TRYING TO ACCOMPLISH.
UM, THE, THE CONTINENTAL PROBLEM WAS TWOFOLD.
IT WAS MORE THAN A THOUSAND FEET.
AND, AND LIKE YOU SAID, YOU COULD SEE PEDESTRIANS ALMOST BEING LIKE LEMONS AND GETTING PICKED OFF BY, BY CARS.
WHEREAS THIS, THEY'RE LITERALLY, I THINK, WALKING ACROSS A CROSSWALK.
CROSS PAIN THAT WE'RE, THAT WE'RE IMPLEMENTING.
SO, BUT THAT'S LIGHTED, RIGHT? THERE'S LIKE A PEDESTRIAN.
SO NO, IT WOULDN'T NECESSARILY BE A, A LIGHTED CROSSWALK, BUT IT WOULD BE, THE ILLUMINATED CROSSWALK WOULD BE, UM, UM, THE REFLECTIVE, UH, COATING THAT THEY GO ACROSS.
SO IT WOULD BE MARKED AND, UM, IT WOULD BE STRIPED SO THAT THEY KNOW THE PARAMETERS OF WHERE THEY'RE ABLE TO WALK BETWEEN.
AND IT WOULD BE BETWEEN STOP SIGN AND STOP SIGN.
IT'S NOT FROGGER PROPERTY, PROPERTY, PROPERTY TO PROPERTY.
AND, AND YOU'RE LOOKING AT A DISTANCE THERE THAT IS CONSIDERABLY LESS.
UH, RIVERFRONT IS THE BIG STREET IN THE WHOLE PD, RIGHT? LIKE, DO, LIKE, LIKE IT'S, IT'S THE BIG TRAFFIC.
I WOULD SUGGEST THAT LEMON OFTEN POPS UP.
WE'RE, WE'RE KIND OF ON THE SIDE OF IT, SO TO SPEAK.
WE'RE STILL WITHIN THAT, IN THAT OAK LAWN COMMITTEE AREA THERE.
BUT TYPICALLY LEMON HAS MORE, MORE TRAFFIC THAN, THAN WE DO.
OAK LAWN WOULD HAVE MORE TRAFFIC.
THE DES THE DESIGN DISTRICT ITSELF IS, IS STILL IN THAT GROWTH PHASE, WHICH IS ONE OF THE REASONS WHY WE'RE ALL LOOKING FOR THAT AVAILABLE PARKING.
AND, UM, SO I WOULD SAY THAT, UH, YOU WERE CORRECT THAT THIS WILL BE, THERE WILL BE CASES THAT ARE COMING BEFORE YOUR REVIEW ALONG RIVERFRONT AS THEY TRY TO FIND OUT HOW CAN THEY ACHIEVE PARKING REQUIREMENTS AS THEY CONTINUE TO GROW.
I, I WOULD GUESS THAT IN THE THOROUGH, UH, PLAN THE CITY CONSIDERS IS THEY HAVE A AWARE, IT'S LIKE PRIMARY OR, YOU KNOW, DOESN'T MEAN IT'S LBJ, BUT I MEAN, IT'S CERTAINLY BIGGER THAN PAIN THAN AND CORRECT.
AND, UH, DRAGON AND THOSE, SO YES.
I WANT TO DO SOMETHING THAT ISN'T TECHNICALLY THE WAY WE'RE SUPPOSED TO DO IT, BUT BEFORE WE CLOSE THE, UH, THE HEARING, 'CAUSE I'D LIKE YOU TO BE ABLE
[02:15:01]
TO REACT TO, I'D LIKE TO SEE THE ZO STUDY AND THE PROPOSED AMENDMENT, BECAUSE IF I WERE TO VOTE FOR IT, I WOULD WANT TO ATTACH THE, THE, THE, UH, PARKING AGREEMENT AS A CONDITION THAT WOULD MA I MEAN, I NEED TO BE ABLE TO ENFORCE THAT.AND IT SEEMS TO ME IT SET, IF IT'S WRITTEN LIKE THE EXISTING ONE, IT'S ENFORCEABLE.
IT WOULD BE A DEED AND WHATEVER.
I, YOU KNOW, THERE, THERE WILL BE THREE PARTIES TO IT, I GUESS CLIFTON, WYNN, AND THE CITY.
AND YOU, SORRY, CLIFTON WINN, YOU AND THE SUIT TO GIVE YOU FURTHER COMFORT.
WE WOULD NOT BE ABLE TO OPEN OUR DOORS WITHOUT THAT.
OUR, OUR BUILDING PERMIT IS ALREADY CONDITIONED ON THE PARKING AGREEMENT.
SO THAT WOULD HELP OUT JUST TO GIVE YOU MORE COMFORT THAT WE WOULD DO THE RIGHT THING JUST TO BE ABLE TO OPEN THE DOORS TO OUR BET.
YOU WOULD, YOU WOULD BE AMAZED THE AMOUNT OF TIMES WE SIT HERE AND SOMEONE COMES IN AND SAYS, HEY, THERE'S A PARKING AGREEMENT AND IT'S FILED THERE.
I MEAN, IT'S A DEED RESTRICTION, AND HERE IT IS.
AND, UH, THE REALITY IS IT WASN'T EXACTLY FILED IN THE RIGHT PLACE.
AND WE END UP ARGUING ABOUT WHAT SOMEBODY MEANT AS TRYING TO MAKE IT CLEAR.
IT'S NOT A FUNCTION OF DISTRUST.
UM, SO, BUT DON'T DO WHAT YOU'RE ABOUT TO DO.
NO, I KNOW WHAT YOU'RE ABOUT TO DO.
NO, I'M, YOU'RE NOT GONNA CALL A QUESTION.
I PROMISE, I PROMISE I WON'T CALL A QUESTION THIS TIME.
UM, THE STAFF HAS SOME OF THAT.
THE PARKING STUDY AND WHAT DOES STAFF HAVE THAT CAN BE INCLUDED WITH THIS TO PUT MS, UH, VICE CHAIR AG? SO THE APPLICANT, UH, SENT OVER THE STUDY THAT HE'S REFERRING TO ON THE 12TH OF DECEMBER.
UH, HE SENT IT TO, UH, DAVID NEVAREZ, OUR TRAFFIC ENGINEER, UH, WHO HAD NO ADDITIONAL COMMENTS AND NO OBJECTIONS AT THE TIME.
AND, UM, THE NIGHT HE COPIED MYSELF, THE 12TH WAS THURSDAY, RIGHT? YEAH.
SO IT WASN'T HERE IN TIME TO PUT IN OUR DOCKET, IS WHAT I'M SAYING.
AND ALSO, TO BE FAIR, MR. THOMPSON CAN ATTEST TO THE FACT THAT, UH, THIS WAS OUR SECOND REPORT.
SO TO, TO SHOW RESPECT TO THE CURRENT MAKEUP OF THE BOARD.
THIS WAS, UM, OUR 2024, UH, DIA REPORT.
I ALSO SUBMITTED A 2023 DZA REPORT AS WELL.
AND, UH, THAT WAY YOU ALL HAD TWO, UM, TWO THIRD PARTY REPORTS TO, TO COMPARE AND LOOK AT IT.
AND IF YOU LOOK AT THOSE REPORTS, YOU'LL BE ABLE TO SEE HOW, UH, THOSE CALCULATIONS, UM, ACTUALLY SUPPORT THE APPLICATION ITSELF.
SO I DID SEND BOTH 2023 AND A 2024.
AND THOSE WERE, UM, UH, RIGHT AT 12 MONTHS APART.
PART OF THE REASON I WOULD REALLY HELP IS FOR WHATEVER REASON, NOBODY WANTS TO SHOW ME A GOOGLE MAP.
THEY WILL HAVE A BIG PD MAP THAT WILL SHOW WHERE THE MASS TRANSIT IS.
UH, WE WE'RE NOT ALLOWED TO DO OUR OWN RESEARCH.
WELL, I DON'T, I DON'T WANT YOU TO THINK WE'RE LAZY.
UH, UH, THAT PARKING STUDY WILL SHOW, ALL RIGHT, HERE'S WHERE THE MASS TRANSIT IS, HERE'S WHERE PEOPLE WOULD HAVE TO WALK, PROBABLY.
HERE'S WHAT WE THINK UBER WILL LOOK LIKE.
HERE'S WHAT WE THINK THE ACTUAL LOAD IS.
UM, ALL OF THESE QUESTIONS THAT I'M ASKING AND DON'T KNOW, MANY OF THEM ARE PROBABLY IN THAT STUDY.
UM, SO BETWEEN THAT STUDY AND THE PROPOSED AGREEMENT, JUST SO I UNDERSTAND, I I, THE CONTINENTAL THING WAS A BIG PROBLEM FOR ME FOR TAKING THAT OFF THE TABLE.
BUT, UM, LIKE I DON'T EVEN THINK THAT THAT MADE IT INSIDE THE THOUSAND FEET.
I MEAN, I, UH, SO COULD I SEE THOSE TWO THINGS? IS THERE ANY OTHER AGREEMENT? WE'RE TALKING ABOUT BEING BOUND BY THAT THE BOARD, IT SEEMS LIKE THE PARKING AGREEMENTS THAT ARE GERMANE TO THIS AND THAT PARKING STUDY WOULD GIVE ME ANSWERS OR AT LEAST GIVE ME A SHOT.
UH, OTHERWISE I SIT AND SAY, UH, BURDEN IS ON THE APPLICANT.
AND I'VE SEEN NOTHING THAT TALKS EVEN ABOUT TRAFFIC, BUT YOU ACTUALLY PROVIDED IT AND YOU HADN'T SEEN IT.
WELL, I, WHATEVER THE PROPOSED THING YOU GUYS WOULD DO, WHATEV, I MEAN, I, I, I ASSUME WHAT, WHATEVER.
AND, AND YOU KNOW, THE OTHER THING, FRANKLY, IF YOU HAD A MONTH TO DO IS THAT AS IT IS, I'VE GOT A BUNCH OF LETTERS FROM YOUR NEIGHBORS THAT ARE PRETTY UNIFIED, AND, UM, THEY MAY REACT DIFFERENTLY IF YOU, YOU'RE TELLING THEM WHAT YOU
[02:20:01]
TOLD, WHAT YOU TOLD ME, THEY MAY ALREADY KNOW.SO TO TALK TO ME, I CAN'T TALK TO THEM.
SO, TO, TO BE FAIR, UH, MR. THOMPSON ALSO HAS, UM, CORRESPONDENCE FOR THE RECORD IF YOU'D LIKE TO SEE THAT WE WENT.
UM, UH, AND JUST SO I CAN ACKNOWLEDGE EVERYONE IN THE ROOM, UH, WITH ME HERE, UH, I HAVE, UH, THE PARTNERS, UM, MUHAMMAD ABDULLAH, GRANT, GARY AND ANDY HOOPER.
UM, THEY WANTED TO MAKE SURE THAT THEY TOOK THE TIME OUT TO SHOW RESPECT FOR THE BOARD AND BE PRESENT.
WHILE I UNDERSTAND THAT YOU RECEIVED EMAILS, WE, WE HELD OVER TO GIVE OUR NEIGHBORS A CHANCE TO AT LEAST BE HEARD.
AND WE HAD NO OBJECTION TO BEING, BEING HEARD IN THE FINAL HOURS, LITERALLY THE FINAL HOURS.
UH, OVER THE LAST TWO WEEKS, UM, OUR OPPOSITION DID HIRE, UM, A PRETTY ESTEEMED COLLEAGUE OF MINE IN THE CONSULTANT WORLD, UH, MR. SANTOS MARTINEZ ON FRIDAY.
ON FRIDAY, MR. SANTOS, UH, MARTINEZ WITHDREW HIS, UH, RELATIONSHIP AS A REPRESENTATION FOR THE OPPOSITION, UH, BECAUSE OF TWO FACTS.
NO, THEY ACTUALLY, THEY ACTUALLY PAID HIM A HEFTY AMOUNT, WHICH I CAN'T REVEAL FOR THE RECORD.
THAT'S USUALLY WHY, WHY THEY
THEY, THEY WERE, THEY WERE TRYING TO CHALLENGE THE USE BY RIGHT, THE ZONING USE BY RIGHT.
WHICH IS WHY YOU REFERENCE, SEE THE REFERENCE TO THE, TO THE RESTAURANT.
AND THEN THEY WERE TRYING TO MISREPRESENT THE SPACES THAT THEY WERE CLAIMING TO BE THEIRS.
AS YOU SAW IN THE AERIAL EARLIER.
UH, WHAT THEY WERE SAYING WAS, IS THAT THEY WANTED TO PRESERVE THOSE CITY PUBLIC SPACES TO WHICH NONE OF US ACTUALLY HAVE ANY CONTROL.
UM, AND SO WE ENTERED INTO A GOOD FAITH AGREEMENT.
AND IN THOSE FINAL HOURS, FOR THE RECORD, I DID SEND THAT.
AND IF NECESSARY, YOU CAN SEE THAT SANTOS WAS ACCEPTING OF OUR, OF THOSE TERMS, BECAUSE THEY WERE THE TERMS THAT WERE OUTLINED BY THE, UH, BY THE COMMUNITY, BY THE NEIGHBORHOOD.
AND IN THOSE FINAL HOURS ON FRIDAY, UH, THEY WITHDREW THEIR OWN TERMS. THEY WERE NOT LOOKING TO, UH, TO MEET US, UH, IN GOOD FAITH.
UH, WE OFFERED ON MULTIPLE OCCASIONS.
JUST TO GIVE YOU AN EXAMPLE, MR. MUHAMMAD ABDULLAH HAS FLOWN IN FROM, UH, NEAR RIVERSIDE.
HE IS FLOWN IN FROM SOUTHERN CALIFORNIA, UH, TO BE WITH US AND BE PRESENT.
UM, SO HE, HE, HE'S COME OVER A THOUSAND MILES, UM, TO, TO MAKE SURE THAT HE'S PRESENT HERE, TO ANSWER ANY QUESTIONS, TO ANSWER YOUR QUESTIONS, TO ANSWER THE OPPOSITIONS QUESTIONS, TO BE PRESENT.
MR. ANDY HOOPER, UM, I'M, I'M TRYING TO MAKE SURE I MAKE THIS WELCOME TO DALLAS AS SEAMLESS AS POSSIBLE, BUT HE HAS MADE THE, THE MOVE FROM, UH, LAS VEGAS, NEVADA TO JOIN US.
AND, UM, HE'S, HE'S DELIGHTED TO OPEN UP, UH, THIS WILL BE NOW, UH, HIS SECOND, UH, RESTAURANT IN THE, IN THE DALLAS AREA, BUT WE'VE GOT A THIRD ON THE WAY AS WELL.
AND JUST TRYING TO MAKE SURE THAT, YOU KNOW, WE'RE SHOWING PROVEN CONCEPTS.
WE'RE DOING EVERYTHING IN GOOD FAITH.
WE NEGOTIATED, UH, WITH THE KID, UH, WITH THE NEIGHBORS.
UH, THEY WERE, THEY WERE NOT WILLING TO EITHER SHOW UP.
UH, THEY WERE NOT WILLING TO MEET, UH, THEY WERE WILLING TO, UH, IN, IN A, IN A SENSE, THEY, THEY PLAYED SOME DELAY TACTICS.
AND I SUBMITTED THAT FOR THE RECORD SO THAT IT WOULD BE SEEN IS THAT THE OPPOSITION WAS GIVEN A VOICE.
THEY WERE GIVEN AN OPPORTUNITY.
UM, AND, AND IN A LOT OF WAYS, BY HIRING A CONSULTANT WHO COULD NOT IN GOOD FAITH FOLLOW THROUGH WITH THEIR REQUESTS, HAVING TO WITHDRAW IS ALSO A SIGN THAT THEY, THEY HAD NO STANDING, THEY HAD NO CASE TO PRESENT TO YOU ALL.
YOUR POINT IS VERY WELL TAKEN.
AND IF YOU, WE, WE CAN HAVE A VOTE, UM, UM, IN A STRANGE WAY, ALTHOUGH IT REALLY DOES MATTER, UH, IT'S OUR, ALMOST OUR OBLIGATION TO DECIDE WHETHER THERE'S A, A COUNTER CASE TO BE, TO BE MADE, UH, AND, UH, PROBABLY OUGHT TO GO BACK AND READ OUR STANDARD BEFORE WE ALL STUCK, BECAUSE THERE'S A LOT OF, LOT OF COMPLICATIONS.
UM, UM, FOR WHAT IT'S WORTH, ALL OF THOSE THINGS THAT I THINK YOU THOUGHT WE WOULD'VE SEEN, WE HAVEN'T UNDERSTOOD.
AND I, YOU KNOW, YOU GUYS, I DON'T KNOW, IT'S, IT'S NOT MY POINT.
I, I DON'T KNOW WHAT OUR POLICIES ARE, BUT IF THEY MATTER, NOW, IT, TO THE STAFF'S CREDIT, OUR, UH, BRIEFING, WE REQUIRED TO BE POSTED SEVEN DAYS PRIOR TO THIS HEARING.
SO IF IT HADN'T HAPPENED WITHIN SEVEN DAYS, LIKE WE, WE DON'T EXPECT THEM TO HAVE PUT IT ONLINE.
[02:25:01]
UM, SURE.NOW YOU COULD GIVE US ZO RIGHT NOW, WE'D SUSPEND OUR EVIDENCE.
WE CAN'T SIT AND DIGEST THE WHOLE THING TODAY.
AT LEAST THAT'S MY, I COULDN'T, SOME OF THESE GUYS ARE SMART.
UM, BUT YOU WOULD HAVE THE BENEFIT OF DIGESTING TWO OF THOSE REPORTS TO GIVE YOU SUBSTANTIAL EVIDENCE THAT, THAT WHAT WE ARE REQUESTING IS SOMETHING THAT IS FEASIBLE.
IF YOU GIVE IT TO ME, I WILL READ IT.
BUT IF YOU DON'T GIVE IT TO ME, I CAN'T DEFINE IT.
AND, AND I, I'M NOT, I DON'T MEAN YOU, YOU, I JUST, I UNDERSTAND.
SO WHEN IT COMES DOWN TO IT, AT LEAST FOR ME, I, I LOOK AT A, UM, WHO, WHO HAS A BURDEN.
AND IT ISN'T REALLY THAT I, A SENSE OF, I DON'T BELIEVE IT'S JUST, THERE IS, THERE ARE DOCUMENTS AND PROOF OUT THERE THAT I HAVEN'T SEEN.
SO WITHOUT SEEING IT, I CAN'T CONSIDER IT.
WHAT, UH, WITH, WITH MS. BOND, CAN WE MAKE THOSE EXCEPTIONS IN THE MOTION? WHAT WOULD YOU ACCEPT? NOT ACCEPT, BUT, UM, CONDITIONS.
SO YOU CONDITION ON AGNES READING, UH, A REPORT AND MAKING A DECISION? NO.
CON NO CONDI CONDITIONS THAT THOSE REPORTS BE INCLUDED IN WHAT? IN THE MOTION AS A CONDITION? I HAVEN'T READ IT, SO I WOULDN'T, I DON'T KNOW WHAT MOTION WE WOULD SUPPORT THAT.
FOR THE RECORD, WE WOULD SUPPORT THAT.
I'M NOT JUST TRYING TO ESTABLISH A RECORD.
I'M ACTUALLY TRYING TO READ IT.
I'M NOT TRYING TO PERFECT THE RECORD.
I, THIS IS JUST, I LOOKED AT THE PD AND I LOOKED AT, AT WHERE THE PARKING WAS, AND I TRIED TO FIGURE OUT WHO WAS GONNA WALK WHERE.
AND WE CAME HERE AND THERE'S A LOT OF NEW INFORMATION.
WHERE IS THIS INFORMATION STORED? NO, EVIDENTLY IT'S HERE SOMEWHERE IN THE BUILDING.
ME, I HAVE, MY WHOLE POINT IS I HAVEN'T SEEN IT.
YOU SAID YOU, YOU HAD SENT IT TO STAFF.
SO, SO STAFF IS IN POSSESSION OF IT.
AND IN ADDITIONALLY, UH, THERE ARE OTHER REFERENCES.
UH, THE CITY OF DALLAS PORTAL KNOWN AS POSSE, HAS ACCESS TO OUR, OUR PORTAL, OUR, UH, BUILDING PERMIT, UH, THE CONDITION LETTER OF OUR BUILDING PERMIT BY THE BUILDING OFFICIAL, WHICH YOU SHOW ME, ACTUALLY MEETS MR. UH, AGNES'S REQUEST, UH, TO CONDITION THE PARKING A, UH, TO CONDITION THE CO TO OBTAINING THE PARKING AGREEMENT.
SO IT ACTUALLY, IT, IT MEETS, UH, THE SAME REQUEST THAT, UH, VICE CHAIR AGNES, UH, WOULD LIKE TO ACHIEVE.
IT'S THE, IT'S THE SAME LANGUAGE.
AND IF NECESSARY, I CAN, UM, I MEAN, STAFF IS ABLE TO REACH OUT TO STAFF OR ACCESS THAT PORTAL.
UH, SO CAN WE ASK THE ATTORNEY THAT'S, THIS INFORMATION IS SOMEWHERE IN THE BUILDING.
CAN IT BE NOT RETRIEVED COPY? CAN IT NOT BE, NOT BE, NO.
I ASSUME FROM WHAT YOU'VE JUST STATED, THAT ALL THIS INFORMATION, THE, THE CHAIR, VICE CHAIR AGNER HAS NOT READ IS SOMEWHERE IN THE CITY FILES AND SHOULD BE ABLE TO BE RETRIEVED AS A MATTER OF PUBLIC RECORD.
MR. THOMPSON IS PULLING UP THE STUDY NOW, AND WE'LL SUBMIT IT TO THE BOARD MEMBERS FOR THEIR REVIEW STAFF.
IF THE STAFF DOESN'T GET IT AHEAD OF TIME, THEY CAN'T JUST PUT IT IN OUR, IN OUR BRIEFING.
SO IF, NOW, IF IT'S A LETTER, IF IT'S SOMETHING QUICK, YOU KNOW, WE CAN READ IT IN THE MORNING.
BUT, SO, I MEAN, I'M LOOKING AT TWO THINGS.
ONE, I I NEED TO UNDERSTAND WHAT AGREEMENT, WHAT LEGALLY BINDING AGREEMENT I'M COMMITTING TO.
AND THEN SECONDLY, I GOT, TO ME, IT LOOKS LIKE A VERY DENSE, HIGH TRAFFIC AREA THAT IS NOT VERY FRIENDLY WITH THE BEST TEAM.
HOWEVER, I HAVE A HUNCH THAT THE CHAS OF WILL TELL ME OTHERWISE.
UM, I WOULD ALSO, WHAT I ALSO DON'T KNOW, BECAUSE I DIDN'T GO DO MY OWN RESEARCH BECAUSE I CAN'T, IS WHERE THE MASS TRANSPORTATION THING, UH, SO FOR EXAMPLE, WHERE OTHER DRIVERS OF PEOPLE THAT AREN'T CARS ARE COMING FROM.
'CAUSE THAT'S WHAT THIS THING IS TRYING TO DO.
IT'S TRYING TO HELP PEDESTRIANS AND TRY TO TRY TO FIND A WAY, UH, TO USE MASS TRANSIT.
WHAT I DON'T THINK IT WAS TRYING TO DO IS IT, IT ALSO GOES, IT WORKS VERY HARD TO MAKE SURE THAT WHAT WE'RE NOT TALKING ABOUT IS OFFSITE
[02:30:01]
PARKING, WHERE PEOPLE HAVE TO TRE HALFWAY ACROSS THE CITY, THEY'RE SAYING A THOUSAND FEET.AND BY THE WAY, A THOUSAND FEET ISN'T AS PRO FLIES, YOU GOTTA GO FROM THE DOOR TO HOWEVER YOU WOULD WALK.
UM, BUT WHAT WE'RE NOW TALKING ABOUT IS LITERALLY ACROSS THE STREET AS OPPOSED TO TWO DIFFERENT PLACES.
ONE OF WHICH IS 0.2 MILES AWAY.
SO NOW IT'S A QUESTION OF TWO THINGS OF, OF, OF HOW MANY, WHAT REDUCTION, AND TO WHAT DEGREE DOES, DOES IT MATTER THAT BASICALLY ALL OF THE REDUCTION THAT ALL OF THE PARKING WOULD NOT BE ON SITE? WELL, THOSE, THOSE ARE THE TWO THINGS.
AND HOW COULD I GET COMFORTABLE WITH THAT? A PARKING STUDY WOULD DO IT.
HOW COULD I BE COMFORTABLE THAT IF I COULD READ THE PARKING AGREEMENT, I COULD PUT THE NUMBERS TOGETHER AND UNDERSTAND, MAKE SURE NOBODY'S DOUBLE COUNTING, UH, AND UNDERSTAND WHO'S GOT WHAT.
AND THAT IT'S ENFORCEABLE AND THAT IT'S FILED.
AND IF I HAD THOSE TWO THINGS, ASSUMING DE SAYS WHAT I THINK DHA GONNA SAY, I'M TRYING TO FIGURE OUT HOW TO GET TO YES.
SO I'M NOT, I'M NOT WASTING PEOPLE'S TIME, IS WHAT I'M TRYING TO SAY.
UH, BUT IF YOU MAKE ME VOTE TODAY, I'LL VOTE NO.
UM, SO I, I, WE, WE'VE GOT A STANDARD I AND
AND IN ORDER TO DO THAT, WE, WE HAVE A STANDARD ONE HAS TO MEET THAT.
SO I, YOU KNOW, I'M JUST TRYING TO FIGURE OUT HOW IT'S FOUR.
WE CAN, IF ANYBODY ELSE HAS A SOLUTION TO THIS OR DO YOU WANT NOT THAT TODAY.
SO WHAT YOU'RE BASICALLY DOING IS YOU'RE GONNA DO,
[02:38:14]
UH, THAT'S FAIR.SO AT THIS POINT THEN WHAT WE SHOULD DO IS CLOSE, OH, WE HAVE IT.
SO, SO WE'LL RECESS TILL WE HAVE IT QUO.
UH, WE'LL GET OUR QUORUM BACK WHEN, WHEN JUDY COMES BACK.
BUT WITH ONLY THREE, WE HAVE SHUT DOWN.
AND WITH RESPECT, UH, MR. VICE CHAIR, IF YOU MIND, IF WE STEP OUTSIDE FOR ABOUT FIVE MINUTES, BY ALL MEANS.
I WON'T START WITHOUT, ALRIGHT.
UH, BOARD OF ADJUSTMENT PANEL IS SESSION.
UH, SO, UH, I HAVE HAD A CHANCE TO SKIM THE PARKING AGREEMENT.
I WILL SAY, I MEAN THE, THE, UH, PARKING DEAL, I WOULD SAY IT IS ACTUALLY FOR A PARKING STUDY PAID REMARKABLY IN GOOD FAITH.
YOU KNOW, UM, YOU KNOW, I DO I THINK THAT 9% OF PEOPLE ARE GONNA WALK.
NO, BUT I, I UNDERSTAND WHERE THE, THE, THE, THAT NUMBER CAME FROM.
'CAUSE IT'S CLOSE TO THE, THE HOTEL, BUT, YOU KNOW, SO, OKAY.
WHAT I KNOW IS I HAVE A STANDARD AND, UH, I'M LOOKING AT A REDUCTION OF 20 TWOS.
IT'S IMPORTANT THAT, THAT, BECAUSE ALMOST ALL OF THIS PARKING OP OP SIDE, IT
[02:40:01]
MATTERS TO ME FROM THE STANDPOINT OF PEDESTRIAN SAFETY, WHICH IS, WHICH IS A BIG PART OF THE SPIRIT OFUM, SO I SEE, I HEAR, OKAY, WELL, WE'RE GONNA PUT IT HERE IN THIS PLACE.
AND I HAVE IN FRONT OF ME A LEGAL DOCUMENT THAT SAYS, YOU KNOW WHAT, IN FACT, SOMEBODY ELSE OWNS IT.
AND I HEAR THE APPLICANT SAYING, OKAY, WE'RE GONNA CHANGE THAT AGREEMENT.
AND AT LEAST THAT'S WHAT I THINK I, BUT WE'RE GONNA USE THOSE SPACES EVEN THOUGH, EVEN THOUGH CURRENTLY SOMEBODY ELSE HAS THE RIGHT TO 'EM, THAT AGREEMENT IS GONNA BE AMENDED AND WE GOTTA DEAL.
WE WE'RE, WE'RE JUST AMENDING TO USE THE REMAINDER OF THOSE SPACES THAT ARE THERE.
THAT'S HOW WE CAME UP WITH THE, THE, THE NUMBER TO LOOK AT CONTINENTAL ORIGINALLY.
SO WE COULD NOT ACHIEVE ALL OF OUR SPACES THERE WITHOUT CLOSING DOWN THE BUSINESSES THAT IS OWNED BY THE WINDS.
SO WE COULD, IN THEORY, WE COULD TERMINATE THEIR CO THEY GO OUT OF BUSINESS AND WE GET ALL OF OUR PARKING AT THE DOMINO'S LOT.
BUT THAT WOULDN'T HAVE BEEN THE BEST ENTRY INTO THE NEIGHBORHOOD, IS TO START BY, UH, CLOSING DOWN ANOTHER BUSINESS.
WHAT WE SIMPLY WERE LOOKING AT WAS TO SHARE THE PARKING THAT WAS IN THE REMAINDER, SHARE THAT PARKING IN A, IN THE FORM OF A PARKING AMENDMENT, MEANING WE KEEP THEIR EXISTING AGREEMENT INTACT AND WE BECOME PARTY TO, UH, BY AMENDMENT.
WE BECOME PARTY TO THAT AGREEMENT USING ALL OF THE SPACES OR SOME OF THE SPACES THAT ARE AVAILABLE THAT ARE REMAINING THAT MEET THAT CALCULATION FOR US, WHICH WE HAVE IDENTIFIED AS 43.
SO WHEN I READ THE AGREEMENT, IT TALKS ABOUT I GOT THIS MANY SPACES, I'M USING THIS MANY, AND I RENTED THIS MANY TO, UH, TO A THIRD PARTY.
AND SOMEWHERE IN THERE I GOTTA FIND 40 SOME ODD SPACES.
AND THERE'S LIKE A DIFFERENCE OF THREE.
I UNDERSTAND THAT YOU GET THERE BY THE STRIPING AND PACKING OR WHATEVER THE RIGHT WORD IS.
SO THEY HAVE TO STRIKE THE PARKING LOT IN ITS CURRENT, UH, FORM BASED UPON WHAT THE CURRENT AGREEMENT IS.
AND SO THEY LEAVE A LOT OF AVAILABLE PARKING ON THE TABLE.
SO THAT, SO I, I GUESS THAT CURRENT AGREEMENT AS I LOOK, SEEMS PRETTY BINDING CORRECT TO ME.
AND, AND I, I DON'T HOW SOMEBODY WOULD JUST FORCE SOMEBODY TO RIP IT UP, BUT, OR, OR FORCE ANYONE TO AMEND IT, NOT A LAWYER.
IT'S, IT'S IN A, IN A, IT, IT'S A PRIVATE, IT IS GOVERNED BY A PRIVATE AGREEMENT.
THERE ARE TERMS IN THE PRIVATE AGREEMENT BETWEEN CLIFTONS AND THE WINDS ALLOWED FOR, UH, A 30 AND A 60 DAY NOTICE, UM, TO, UH, VACATE THAT AGREEMENT.
AND SO THERE, THERE, THE PRIVATE AGREEMENT IS NOT SUBJECT TO, UM, UH, OUR ABILITY TO, TO RELEASE IT.
IT'S, IT'S A PRIVATE AGREEMENT BETWEEN THOSE TWO PARTIES.
BUT IT, IT ALLOWS THE, UH, THE CLIFTONS TO FORCE THEM TO TERMINATE THEIR CO BASED UPON NUMBER OF FACTORS, NON-PAYMENT, UM, YOU KNOW, NEW, NEW OWNERSHIP SO FAR, WHY DIDN'T THEY PUT IT IN THIS AGREEMENT? BUT IT'S THOSE PRIVATE AGREEMENTS THAT COME BEFORE US AND THE STAFF SO THAT WE, WE CAN'T ENFORCE.
SO I, AND THAT'S HOW THEY ARE ABLE TO TERMINATE THE CO.
SO YEAH, I DON'T, SO, BUT ONCE AGAIN, WE'RE, WE WANT TO KEEP THE WINDS IN THEIR OPERATION YEAH.
SO THEY'VE BEEN THERE, WE WANNA KEEP THAT, PRESERVE IT AS BEST AS WE CAN SO I CAN DEAL WITH WHAT'S IN FRONT OF, UH, SO I'VE READ THIS AND, AND SO WHAT WOULD IT TAKE TO VOTE? I WOULD NEED TO BE ABLE TO KNOW THAT THOSE SPACES ARE GOING TO BE FLOAT ON THAT, WHAT WE'RE TALKING ABOUT.
THAT WAY I DON'T HAVE WORRIES ABOUT PEDESTRIAN SAFETY.
I CAN HONOR THE SPIRIT OF THE PD AND I CAN HONOR MY, UH, MY STANDARD.
ALTHOUGH I, I, I DO THINK THE NEIGHBORS PROBABLY HAVE SOME POINT IN THE SENSE THAT WHILE THEY DON'T OWN THOSE HEADEND SPACES, YOU KNOW, BECAUSE THE CITY OWNS THEM, THEREFORE NOBODY HAS A RIGHT TO 'EM AND IT BECOMES FIRST COME PERSON.
SO IT IS IMPORTANT TO THEM THAT HIGHER DENSITY USERS HAVE PLACES FOR THEIR CUSTOMERS TO GO.
UM, MS. FUP HAS TAUGHT ME SOMETHING THAT I DIDN'T KNOW ABOUT, UH, VALET.
WE THEN TOTALLY CHANGED THE ECONOMICS OF THE DEPARTMENT.
UM, SO IN THE SAME SENSE THAT IN SOME THINGS WE REQUIRE A SITE PLAN TO HOLD IT TO, I WOULD LIKE TO HOLD TO AGREEMENT FROM THE SITE.
[02:45:02]
THROUGH, UH, I DON'T KNOW WHAT IT TAKES, BUT I AM ASKING YOU TO, TO, TO, TO MAKE WHATEVER DEAL YOU HAVE TO MAKE AND, AND PUT A DRAFT IN.AND IF WE SAY YES, WE'LL JUST MAKE A CONTINGENT ON, ON MATTHEW.
I MEAN, IF IT'S LIKE, I, I, I CAN'T SPEAK FOR, FOR THE OTHER PEOPLE IN THIS DEAL, PARTICULARLY THE WINDS.
I CAN, AND I CERTAINLY CAN'T SPEAK FOR SIDE VIEW.
LIKE I JUST WOULD, WOULD YOU LIKE THE VALET PARKING AGREEMENT THAT'S REQUIRED BY THE CITY? DO I NEED THAT? I DON'T THINK I NEED THAT.
THE CITY SAYS THAT'S BECAUSE THAT'S PART OF THEIR PARKING.
THERE'S A WORD FOR IT THAT THEY USED.
IT'S A PART OF THE BUILDING PERMIT PROCESS THAT WE WENT THROUGH.
AND SO THAT'S HOW WE ACHIEVED OUR BUILDING PERMIT.
NO, THAT'S IF THE CITY HAS SAID YES AND TO, AND BY VIRTUE OF HAVING THAT, THEY'LL ALLOW THE PAC PARKING THAT WE'RE TALKING ABOUT, WHICH IS TRUE.
SO THERE'LL BE PROBABLY IN THIS AGREEMENT, A, A PARKING, WHATEVER THE ACTUAL THING IS GONNA LOOK LIKE.
SO THAT, I GUESS THEN HOLDS IT TO THAT EXHIBIT AND THAT DEAL, AND WHAT DO I CARE ABOUT IN THE DEAL.
BUT IT, BUT IF IT IS VIOLATED OR TERMINATED, THE USE TERMINATES.
SO YOU NOT, YOU KNOW, THERE'S LANGUAGE IN THE EXISTING DEAL THAT MAKES THAT VERY CLEAR.
IT MAKES IT ENFORCEABLE AND FILEABLE AND IT SHOULD BE DONE.
THANK YOU FOR THE, UH, PARKING STUDY.
I WISH I HAD IT BEFORE MIDLIFE A LITTLE MORE.
BUT WE ALSO WENT, WE STARTED WITH PARKING A LONG WAY AWAY, PEOPLE WALKING AND ME TRYING TO FIGURE OUT HOW THAT WAS GONNA WORK.
AND NOW WE'VE GONE THROUGH WHAT I THINK IS A BETTER SOLUTION.
SO THAT'S WHERE I STAND I CAN GET TO YET, WHICH IS SHOCKING TO ME.
'CAUSE I, WELL, NO, I HAVE TO GET WHAT I, WHEN I NEED, BUT I CAN SEE A PATH TO YET AND ONE THAT I'LL PAY.
SO YOU TELL ME HOW YOU GUYS WANT.
DO YOU CAN, WE CAN HOLD IT A MONTH.
YOU CAN MAKE A MOTION IF YOU KNOW, I'M TELLING YOU WHAT
MR. VICE CHAIR, YOU SAID YOU WANTED TO TIE IT TO A SITE PLAN, BUT THE SITE PLAN WOULD ONLY RELATE TO THE PROPERTY IN QUESTION.
I MEAN, I THINK YOU WANT TO SEE THAT.
IT'S GOING TO SHOW THAT THE OTHER LOT WITH THE REMAINING SPACES, BUT WE CAN'T REQUIRE THAT AS, THAT'S NOT HIS PROPERTY.
SO THE SITE PLAN WOULD ONLY SHOW THE TWO SPACES THAT ARE CURRENTLY ON THIS PIECE OF PROPERTY.
YOU'RE, THIS REQUEST IS ASKING WHETHER OR NOT THIS RESTAURANT NEEDS ALL 72 SPACES OR WHETHER OR NOT IT CAN REQUEST A REDUCTION OF 22 SPACES.
AND YOU'RE TRYING TO SEE WHETHER OR NOT THE, THIS REDUCTION OF 22 SPACES WOULD CREATE A TRAFFIC HAZARD OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.
THE ARCTIC OR SAFETY HAZARD, THAT'S NOT, IT'S, IT'S A CREATE A TRAFFIC HAZARD.
WELL, THAT'S, FROGGER IS A TRAFFIC HAZARD.
BUT WE'RE NOT DICTATING WHERE THE SPOTS NEED TO BE.
WE'RE JUST SAYING THAT, OKAY, THIS RESTAURANT DOESN'T NEED THOSE 22 SPACES.
AND HOW THEY PROVIDE IT IS HOW IS IS UP TO THAT.
I MEAN, THEY CAN USE REMOTE PARKING.
THEY DON'T HAVE TO USE REMOTE PARKING.
IF THEY DO CHOOSE TO USE REMOTE PARKING, THEY STILL HAVE TO BE IN COMPLIANCE WITH THE PD REGULATIONS THAT SAYS THAT THAT HAS OTHER REGULATIONS ABOUT REMOTE PARKING.
BUT THAT'S NOT THE PURVIEW OF THIS PORT BECAUSE THEY STILL HAVE TO MEET THE UNDERLYING ZONING, WHICH IS ANY OTHER CONDITION IN THE PD.
SO WE'RE JUST SAYING THIS BOARD IS JUST DETERMINING WHETHER OR NOT THEY NEED THE 22 SPACES BECAUSE IT'S A RESTAURANT.
AND WHETHER THAT REDUCTION WILL CREATE A TRAFFIC HAZARD OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.
HERE ARE THE THINGS I HAVE TO, I HAVE TO CONSIDER, UH, I HAVE TO DECIDE TO VOTE.
I HAVE TO DECIDE THAT THE USE DOES NOT WARN THE NUMBER OF OFF STREET PARKING SPACES REQUIRED AND SPECIAL EXCEPTION WOULD NOT CREATE A TRAFFIC HAZARD OR CREATE TRAFFIC INGESTION ON ADJACENT NEARBY STREETS.
SO THEN WE GO ON AND IT SAYS, UH, IN DOING THIS, I NEED TO CONSIDER, UH, WHETHER GRANTED, SO IN GRANT SIDING, THE BOARD SHALL CONSIDER THE EXTENT TO WHICH THE PARKING SPACES PROVIDED WILL BE REMOTE SHARED OR PACKED PARKING.
SO I NEED TO KNOW THAT, UM, THE PARKING DEMAND AND TRICK GENERATION CHARACTERS FOR ALL OF THE
[02:50:01]
USES, WHICH THE SPECIAL EXCEPTION IS REQUESTED.AND, AND, AND, AND I NOW HAVE A, A STUDY THAT THAT SAYS WHETHER OR NOT THE SUBJECT PROPERTY AND PROPERTY IN THE GENERAL AREA IS PART OF A MODIFIED DELTA TO OVERLAY THE CURRENT AND PROBABLE FUTURE CAPACITIES OF ADJACENT AND NEARBY STREETS BASED ON THE CITY'S THOROUGH, THOROUGH, FAIR POINT.
THE AVAILABILITY OF PUBLIC TRANSIT AND THE LIKELIHOOD OF ITS USE, THE FEASIBILITY OF PARKING MITIGATION MEASURES AND THE LIKE OF THEIR EFFECTIVENESS.
I THINK PARKING MITIGATION MEASURES WOULD INCLUDE BAILOUT.
UM, IN DOING IT, UH, I NEED TO SPECIFY THE USES IN WHICH EXCEPTION APPLIES.
UM, AND THAT, UH, AN EXCEPTION GRANTED FOR THIS PARTICULAR USE AUTOMATICALLY AND IMMEDIATELY TERMINATES.
IF AN MV USE IS CHANGED AND DISCONTINUED, I MAY ESTABLISH A TERMINATION DATE IF I WANT, UM, OR PROVIDE A TIME FOR REASSESSMENT, I CAN IMPOSE RESTRICTIONS ON ACCESS TO AND FROM THE SUBJECT PROPERTY OR IMPOSE ANY OTHER REASONABLE CONDITION THAT WOULD HAVE THE EFFECT OF IMPROVING PUBLIC SAFETY OR LESSENING CONGESTION ON THE STREET.
I THINK TRAFFIC SAFETY, I SHALL, WELL, IT'S JUST CONGESTION OR WELL, I JUST, YOU YOU TAKE THE WORDS FOR WHAT THEY ARE.
THE BOARD SHALL NOT GRANT THE SPECIAL EXCEPT TO REDUCE THE NUMBER OF OSTRIDER REQUIRED IN AN ORDINANCE GRANTING OR AMENDING.
SO THAT'S, SO THOSE ARE THE THINGS I'VE GOTTA CONSIDER.
SO MOST OF THOSE, SO BASICALLY I DO HAVE AN OBLIGATION TO KNOW WHETHER THE PARKING WILL BE REMOTE, SHARED OR PACKED.
UM, I, I KNOW NOW KNOW THE TRIP GENERATION, UM, UH, I DO HAVE TO DECIDE, UH, HOW IT IS GONNA AFFECT ADJACENT PROPERTIES AND TAKE INTO ACCOUNT THE POTENTIAL FUTURE USES OF MAKING PROPERTIES.
UM, I HAVE TO ACCOUNT FOR THE AVAILABILITY AND LIKELIHOOD OF USE OF PUBLIC TRANSIT.
AND ON THE OTHER HAND, I GET TO CONSIDER PARKING MITIGATION MEASURES ON THE LIKELIHOOD AND EFFECT THEM.
TO ME, THAT MEANS VALET AND THE LIKELIHOOD USING IT, THAT'S A BIG DEAL.
UM, SO, AND THEN I JUST, I HAVE TO TIE IT TO THE USE.
SO I GOTTA TIE IT TO THE, IN ORDER TO MAKE THE DECISION, I HAVE TO KNOW WHERE THE SPACE IS AND WHETHER IT IS WHAT REMOTE SHARED OR PACKED THE EXTENT TO WHICH THE PARKING SPACES WILL BE REMOTE, SHARED, OR PACKED PARKING.
SO, SO, AND I THINK, I KNOW IT'S PACKED, IT'S ACTUALLY GONNA SATISFY TWO OF THE THREE.
SO THIS WOULD BE SHARED REMOTE AND PACKED, SHARED, AND WELL, IT'LL BE SHARED AS WELL.
SO REMEMBER WE HAVE THE, THE OTHER, UM, USE THERE.
SO WE ARE SHARING IN, UM, AND PACKED, YES.
SO OUR AMENDMENT WOULD BE TO MAINTAIN THE EXISTING, UM, PARKING AGREEMENT THAT'S, THAT'S, THAT'S ON PREMISES AT THE DOMINO'S LAW.
WHY WOULD YOU HAVE AN AMENDMENT? EXCUSE ME.
YEAH, SO THE, LET ME REPHRASE IT THIS WAY.
THE DOMINO'S, THE WINDS AND US.
SO WE'LL ALL BE SHARING IN, IN THAT AGREEMENT.
IF, IF THAT'S YOUR, YOUR QUESTION OR, OR, OR CONCERN.
WE, WE WOULD, YOUR APPROVAL WE WOULD BE SHARING THE, THE DOMINO'S LOT TO ACHIEVE OUR PARKING REQUIREMENTS MM-HMM
SO THEY'RE GONNA ADD YOU AND, UM, BY AMENDMENT.
AND PROBABLY, UH, WITH THE EXISTING WAY, IT'S, IT'S STRIPED.
I DON'T KNOW HOW THEY'D ADD YOU EXCEPT FOR LIKE A FEW SPACES.
THEY'RE GONNA RE STRIPE IT AS YOU TALKED ABOUT.
SO MORE SPACES AND YOU'RE ALL GONNA WORK WITH HAVE IT CORRECT.
UM, UM, BUT THE REASON IT MATTERS WHERE IT IS, UH, AND WHERE THE CURRENT PROPERTY IS, IS THAT, UH, THIS PD FOR WHATEVER REASON DECIDED THAT, THAT THIS WAS A PLACE WHERE, WHERE THEY WANTED TO MAKE SURE THAT PEOPLE WOULD WALK AND NOT DRIVE.
UH, AND THAT'S BASICALLY WHAT IT SAYS IN THE, IN THE BEGINNING OF THE PD.
UM, SO IT MATTERS WHETHER PEOPLE HAVE TO WALK A LONG WAY OR SHORT WAY.
THIS IS AN, IF, THIS IS, IF THIS WORKS, THIS WORKS.
SO, AND WHY DID I DECIDE 22 IS, OKAY, WELL I HAVE A PARKING STUDY AND WHETHER I WANT TO QUIBBLE ABOUT ONE OR THE OTHER, I'M NOT GOING TO, I HAVE A PARKING SPOT, 22 SCHOOL.
I NEED THE THINGS THAT I FEEL LIKE I HAVE TO DO, IF IN FACT THEY DON'T HAVE TO CROSS RIVERFRONT,
[02:55:02]
THEY JUST HAVE TO WALK ACROSS A SMALL ROAD.THEY DON'T HAVE TO GO OVER A THOUSAND FEET.
I DON'T KNOW THE LAST TIME YOU GUYS WALKED AROUND, YOU KNOW? UH, SO, SO I'M GOOD.
SO, UM, I NEED SOMETHING THAT I CAN HOLD.
IF I SAY YES, I NEED TO BE ABLE TO SAY, OKAY, THESE ARE WHERE THE SPACES ARE GONNA BE.
IT'S SUBJECT TO AN AGREEMENT THAT IS FILED AS A DEED, AND HERE'S THE AGREEMENT IS FILED AS A DEED, AND THAT DEED RUNS WITH THE LAND.
AND IF FOR WHATEVER REASON, UH, THIS AGREEMENT TERMINATES ALLAH, LET'S SAY THERE'S A SIDE DEAL, THEN I DON'T KNOW THAT SOMEBODY TERMINATES IT, THEN, THEN THE, THE, THE, UH, BUILDING OFFICIAL CAN DO EXACTLY WHAT, WHAT, UH, HE OR SHE CAN DO IN THIS CURRENT EVENT.
SO IF I HAVE THAT, I VOTE YES.
NO, I, I NEED, I NEED THE, THE AGREEMENT THAT IS GONNA SHOW HOW, HOW IS THIS PARKING LOT LINE, OKAY, WE'RE GONNA HAVE 22 SPACES, OR THEY'RE GONNA PROVIDE ENOUGH SPACES TO WHERE WE'RE GIVING THEM 22 SPACES DUCK.
RIGHT? SO SHOW ME WHERE THEY'RE GOING, BECAUSE THERE'S ONLY LIKE TWO ON, ON THE STA ON, ON, ON THE PREMISE.
SO THERE'LL BE A, YOU KNOW, BASICALLY A, A PARKING LOT DIAGRAM AND IT WILL SAY, HEY, HERE'S THE, AND THEN THERE'LL BE AN AGREEMENT AND IT WILL SAY, WHEN HAS A RIGHT TO THESE, UH, THE OWNER HAS A RIGHT TO THESE AND, AND THE APPLICANT HAS A RIGHT TO THESE.
AND THEN I KNOW, THEN I KNOW WHERE THE SPACES ARE.
I KNOW THAT THEY HAVE A RIGHT TO HIM, AND I KNOW THAT THAT CAN'T CHANGE.
BUT AGAIN, HE CANNOT HAVE AN EXECUTED AGREEMENT ABSENT, I DIDN'T SAY HE DIDN'T EXECUTED, BUT SO YOU'RE ASKING FOR A DRAFT AGREEMENT THAT, I MEAN, COULD GO THROUGH OR COULD NOT GO THROUGH.
YEAH, I, I MEAN, I DON'T KNOW HOW, IN SOME WAY, WELL, YES, I, I, 'CAUSE HE'S TESTIFY, HE ALREADY TESTIFIED THAT THEY WILL MAKE AN AMENDMENT TO THE AGREEMENT TO PROVIDE THESE, THESE SPACES MM-HMM
AND THAT THEY WILL SHOW IT VIA PA PACKED PARKING.
SO HAVING A DRAFT AGREEMENT, I MEAN, THAT'S NOT REALLY BINDING BECAUSE HE CAN'T EXECUTE IT.
BUT HIS TESTIMONY HAS PROVIDED THIS DRAFT AGREEMENT THAT YOU'RE ASKING FOR.
NO, I HAVEN'T SEEN DRAFT AGREEMENT.
LIKE WHAT, WHATEVER THE AGREEMENT IS, SAY.
I MEAN WE, WE JUST IN THE LAST CASE MADE, UH, DECISIONS CONTINGENT ON A VOTE IN THIS CASE, SIMPLY SAY, CONTINGENT UPON THIS AGREEMENT.
AND I, I MEAN, TO, TO HERE I CAN TALK, IT'S A DUMB DEAL, BUT THEY KNOW WHAT THEY'RE GONNA DO.
SO I'M SIMPLY GONNA SAY, AS LONG AS YOU DO WHAT YOU'RE SAYING, COOL.
SO COULD IT BE A CONDITION THAT HE HAS TO GET A REMOTE PARKING AGREEMENT AFTER THIS HEARING IF YOU APPROVE IT? THAT COULD BE A CONDITION THAT THEY'RE REQUIRED TO HAVE A REMOTE PARKING AGREEMENT.
BUT THAT REMOTE PARKING AGREEMENT IS GONNA HAVE TO HAVE SOME TERMS. RIGHT.
THOSE TERMS ARE GONNA HAVE TO BE, I MEAN, BASICALLY THE SAME TERMS IN THE EXISTING, FRANKLY, THEY WOULD PROBABLY MOST LIKELY USE OUR STANDARD BOARDS THAT THE CITY ATTORNEY OFFICE PROVIDES.
WHATEVER THEY AGREE WITH IS, YOU KNOW, AS LONG AS, AS I CAN HOLD 'EM TO IT.
AND I KNOW IT CAN'T TERMINATE, UM, WITHOUT THE USE TERM, BUT I JUST WANT IT TO BE REAL, WHICH IS I THINK A VERY REASONABLE THING.
SO CAN WE HAVE THAT AS A CONDITION, MISS ATTORNEY? RIGHT.
THE CONDITION YOU ALREADY HAVE IS THAT THE SPECIAL EXCEPTION OF 20 PIECE SPACES SHALL AUTOMATICALLY IMMEDIATELY TERMINATE IF AND WHEN THE RESTAURANT WITHOUT DRIVING OR DRIVE THROUGH SERVICE USE IS CHANGED OR DISCONTINUED.
AND YOU COULD ADD AN AGREEMENT SAYING THAT A REMOTE PARKING AGREEMENT NEEDS TO BE EXECUTED FOR THE REMAINING PARKING.
I DON'T KNOW, LIKE A REMOTE PARKING AGREEMENT TO BE AT IT, RIGHT? IS IT, I MEAN, IF THERE'S A CITY FORM, OKAY, LET'S HAVE THE FORM AND UH, WE'LL HOLD IT TO THAT FORM.
REMOTE PARKING MEANS OFF STREET PARKING
[03:00:01]
PROVIDED ON A LOT NOT OCCUPIED BY THE MAIN USE.I I, BUT AGAIN, THEY WILL HAVE TO STILL COMPLY WITH THE UNDERLYING PD PROVISIONS THAT SAY REMOTE PARKING FOR NON-RESIDENTIAL USES MUST BE LOCATED WITHIN A THOUSAND FEET OF THE USE SERVED BY THE REMOTE PARKING.
BUT THEY WOULD, THEY WOULD BE REQUIRED TO MEET THAT STANDARD ANYWAY, BECAUSE THAT IS PART OF A PD.
I DON'T KNOW WHY THIS IS SO HARD, GUYS.
IT'S, IT, IT'S A MENT IT'S ESSENTIALLY WE, THE BOARD IS NOT CONSIDERING WHAT THE PARKING REQUIREMENT SHOULD BE.
IT'S CONSIDERING DO THEY NEED THESE PHASES? NO, IT'S MORE THAN THAT.
WE ARE NOT, WELL, LEMME IF DETERMINING IF THE PD HAS THE RIGHT PARKING REQUIREMENT FOR ALL RESTAURANT USES AND ALL THESE THINGS.
SO I THINK THERE IS, WE'RE LOOKING AT THIS DIFFERENCE BETWEEN A REMOTE PARKING ROOM AND A THOUSAND FEET AWAY.
IT'S NOT ALLOWED TO BE A THOUSAND FEET, 900 FEET AWAY.
WE CAN GO UP PER QUARTER MILE WITH A SHUTTLE.
UM, BUT NO MORE THAN 50% OF THE REQUIRED PARKING MAY BE PROVIDED FURTHER THAN 600 FEET.
SO IF THEY WANNA DO WHATEVER, BUT THERE IS A DIFFERENCE BETWEEN WALKING ACROSS ONE SMALL STREET AND SAY, WALKING ACROSS OR WALKING, YOU KNOW, TWO TENTHS OF A MILE MM-HMM
THIS IS NOT SAYING THEY'RE NOT PROVIDING ANY PARKING SPACES.
SO ALL I'M SAYING IS IF YOU'RE GONNA PUT IT WHERE YOU'RE TALKING ABOUT, AND THIS IS YOUR POINT, RIGHT? SO I'M SAYING, COOL, DUDE, YOUR BLANK.
BUT THEY COULD ALSO, YOU KNOW, IF IT CHANGES, IF THE MARKET CHANGES, THE OWNER CHANGES OR WHATEVER, IF THEY BUY WHATEVER BUILDING'S NEXT TO 'EM, DEMOLISH THAT BUILDING AND PROVIDE IT SOMEWHERE ELSE, THAT ALSO COMPLIES WITH THE CODE, BUT THEN WOULDN'T, THAT'S OKAY.
AND THEN IT WOULD NOT MATCH WHAT YOUR CONDITION THAT YOU'RE CONSIDERING PUTTING ON.
BUT THEY WOULD NOT NEED, NO, THEY, THEY STILL NOT SAY RESTAURANT DOESN'T NEED THOSE 22 SPACES.
SO AGAIN, THIS IS JUST ABOUT REDUCING THE, THE AMOUNT OF SPACES, WHETHER OR NOT THIS RESTAURANT NEEDS THOSE 22 EXTRA SPACES IS WHAT THIS REQUEST IS ABOUT.
THESE GUYS HAVE COME AND SAID, HEY, WE NEED A 22 SPACE REDUCTION.
VICE COULD, UM, ASK A FEW QUESTIONS IF YOU WOULDN'T MIND.
MR. DAVIS, UM, BASED ON THE, THE STUDY AND THE PLANS THAT ARE PROVIDED, THIS LOOKS LIKE A VERY NICE RESTAURANT.
UM, AND I BELIEVE YOU WERE QUOTING EARLIER THAT YOU EXPECT PROBABLY AN INDIVIDUAL TAB OR PER PERSON MEALS TO BE AROUND HOW MUCH LIKELY THIS IS LIKELY TO BE A HUNDRED TO 125 PER PLATE, PER PERSON.
UH, AND I IMAGINE THAT YOU WOULD WANT TO BE ABLE TO PROVIDE A EXPERIENCE FOR PARKING AS PEOPLE EQUIPPED THE RESTAURANT THAT IT'S GONNA BE, UH, SUFFICIENT TO KEEP THAT INDIVIDUAL OR COUPLE OR GROUP HAPPY TO HAVE A GOOD EXPERIENCE ABSOLUTELY.
AND SO TO DO THAT, YOU PRESUMABLY THOSE TYPES OF INDIVIDUALS ARE PROBABLY LESS LIKELY TO COME BY DART PROBABLY LESS LIKELY TO COME BY, UH, OR WANT TO WALK TENS OF MILES TO, TO REACH YOUR RESTAURANT.
AND SO AM I UNDERSTANDING CORRECTLY THAT YOU'RE COMMITTING TO PROVIDE EITHER A IMPRESSIVELY CLOSE PARKING OPTION OR A VALET EXPERIENCE FOR THEM? THAT IS CORRECT.
AND VALET EXPERIENCE IS MANDATED IN OUR, UH, PARKING AGREEMENT.
SO IN ORDER TO OPERATE AND GET A CEO, WE HAVE TO HAVE A VALET MANAGEMENT PLAN, AN OPERATIONAL PLAN WITH A VALET SERVICE.
UH, WE WOULD BE IN VIOLATION OF CODE IF WE DON'T USE A VALET SERVICE.
AND I'M, IF I'M READING THIS PLAN CORRECTLY, I THINK, UM, THE CONSULTANT WAS ESTIMATING PROBABLY SOMEWHERE AROUND 10% TO BE NON, UM, I THINK THE, THE TECHNICAL TERM WITH NON VEHICULAR, NON VEHICULAR ROUND TRIPS, WHICH COULD BE SHARED DRIVE SERVICES OR OTHER SORT OF NO, I THINK DRIVE, THEY CALLED OUT DRIVE, LIKE RIDE SHARE, BUT RIGHT.
I'M LOOKING SPECIFICALLY AT THE BOTTOM OF PAGE, OH, SORRY, I ZOOMED IN.
UH, I WAS LOOKING AT THE BOTTOM OF PAGE 12 OF THE STUDY.
UM, THIS SUGGESTS THAT BETWEEN 9% AND 11% OF VISITS TO THE NIGHT ROOSTER COULD COME FROM MODES OTHER THAN PARKED CARS, WHICH I UNDERSTOOD TO MEAN, UM, WALK-UP PEDESTRIANS TECHNICALLY RIDE HAILING BICYCLISTS, UH, AND FOOD PICKUPS.
UM, AND I BELIEVE THAT I WAS ALSO READING THIS, THAT THE CONSULTANT WAS ESTIMATING THE MAXIMUM OFF STREET PE PERIOD PARKING DEMAND.
[03:05:01]
MOUTHFUL IS ABOUT 55 SPACES.DO I HAVE THAT ABOUT RIGHT? THAT'S CORRECT.
AND SO IT'S BASED ON THAT, THAT THE ESTIMATE IS THAT, UM, THE RESTAURANT IS SEEKING A REDUCTION OF THE 22 SPACES THAT IT WOULD THEN MEMORIALIZE IN WHATEVER THAT FINAL AGREEMENT IS BASED ON WHAT IT WOULD NEED TO GET TO SEAL? THAT IS CORRECT.
UM, AND I DON'T BELIEVE THAT THE NIGHT ROOSTER BELIEVES IT WOULD CAUSE AND HAS GONE THROUGH LENGTHS TO TRY TO CONVINCE THIS, UH, PANEL THAT IT WOULD NOT CAUSE US, UM, ADDITIONAL NEARBY CONGESTION, UH, OR CREATE A TRAFFIC HAZARD TO BE ABLE TO FACILITATE THAT.
UH, THE TRAFFIC HAZARD AND THE CONGESTION COULD BE CAUSED SHOULD WE, UH, USE THOSE 22 SPACES THAT WOULD DRIVE THAT TRAFFIC TOWARDS OUR NEIGHBORS.
AND TOWARDS MORE, UH, MAKING MORE STREET TURNS, UH, TAKING A PATH AND A ROUTE THAT WOULD CAUSE MORE CONGESTION, CREATING CONGESTION AT LEAST TWO OTHER STREETS.
AND AGAIN, FOR PURPOSES OF, OF THE RESTAURANTS INTENDED CLIENTELE, YOU WOULDN'T WANT THOSE EXPERIENCES? NO, NOT AT ALL.
PLUS, FROM A PUBLIC SAFETY STANDPOINT, WE'RE THINKING OF THE PEDESTRIAN.
WE'RE THINKING OF VEHICULAR TRAFFIC, WE'RE THINKING OF THE VALETS THAT WOULD BE, UH, RESPONSIBLE FOR GOING BACK AND FORTH, OR THOSE PATRONS THAT MAY LEAVE AT NINE, 10 O'CLOCK IN THE EVENING, ESPECIALLY DURING THE HOLIDAY PERIOD.
UH, WE REALLY ARE JUST THINKING ABOUT THEIR OVERALL LONG-TERM SAFETY, MAKING SURE THEY'RE NOT HAVING TO WALK THAT DISTANCE.
AND THERE'S AVAILABLE PARKING COMPLIMENTARY NEARBY, AS WELL AS A WEALTH OF PUBLIC SPACES OWNED BY THE CITY OF DALLAS, WHICH WILL SUPPORT THE OTHER BUSINESSES AS WELL AS US IN THE NEIGHBORHOOD.
SO IT'S PRETTY IMPORTANT THAT THAT PARKING IS CLOSED.
THAT'S OUR, THAT'S OUR INTEREST.
AND I THINK THAT'S THE INTEREST OF, OF THE NEIGHBORS AS WELL AS IF WE, WE CAN KEEP A GOOD EYE ON THE NEIGHBORHOOD, KEEP A GOOD EYE ON OUR PATRONS AND THEIR VEHICLES AND OUR VALETS ARE ABLE TO PROVIDE A VERY SEAMLESS PROCESS TO RETRIEVE THE CARS IN A TIMELY MANNER AS WELL.
THERE, THERE COULD BE ADDITIONAL CONCERNS SHOULD THEY HAVE TO GO FURTHER AND FURTHER AWAY.
TO FOLLOW UP ON, UH, MR. SLADE'S COMMENTS, I FORESEE THAT YOUR RESTAURANT WILL BECOME A DESTINATION RESTAURANT FOR THESE SURROUND PEOPLE IN THE SURROUNDING HOTELS, SO THAT THEY WOULD PROBABLY BE ARRIVING BY TAXIS OR UBER OR OTHER MEANS OF TRANSPORTATION BESIDES PRIVATE AUTOMOBILE.
THEY'RE NOT WALKING, BUT THEY MAY COME FROM THE HOTEL.
SO FROM THE STANDPOINT OF PUBLIC SAFETY AND FROM THE STANDPOINT OF, UH, YOUR, THE USER EXPERIENCE THAT A PERSON IS GONNA EXPECT AT A RESTAURANT LIKE THIS, YOU KNOW, YOU'RE, YOU'RE NOT, YOU'RE NOT DOING REMOTE PARKING.
LIKE YOU'RE NOT GOING TO, YOU KNOW, SO IT MATTERS THAT, AND I THINK THIS IS A GREAT, IT MATTERS THAT THIS PARKING IS CLOSE, EVEN IF IT COULD BE SOMEBODY ELSE.
I MEAN, IT'S PRETTY IMPORTANT.
AND IT, AND YOU KNOW, THE FARTHER AWAY THE PARKING IS, THE MORE LIKELY SOME, UH, YOUR USERS ARE TO TURN DOWN THAT PARKING AND TAKE CLOSE PARKING.
IN THIS CASE, THERE IS NO REASON FOR A USER TO GO PARK IN A PLACE THAT ONE OF THE NEIGHBORS HAS.
SO YOU DON'T HAVE TO WORRY ABOUT THE OVERFLOW.
THAT'S WHY THIS IS A GREAT SOLUTION.
SO IF, IF SOMEBODY HAD COME IN AND SAID, WE DON'T KNOW WHERE THE HECK WE'RE GONNA GET IT, WE'RE GONNA PUT IT SOMEWHERE AND WE'RE NOT GONNA TELL YOU.
I PROBABLY FEEL A LITTLE DIFFERENT ABOUT IT, BUT THEY CAME AND SAID, WE'RE GONNA PUT IT.
AND AFTER A LOT OF HEMMING AND HAWING, I BEGAN TO UNDERSTAND, FOR EXAMPLE, THAT AT FIRST IN ORDER TO MAKE THIS WORK, PEOPLE DIDN'T HAVE TO WALK TO 10TH OF A MILD FROM, FROM CONTINENTAL.
THAT THAT, AND I, I DON'T PRETEND TO FULLY UNDERSTAND PARKING AGREEMENTS, BUT I DO KNOW I CAN READ ONE IF SOMEBODY PUTS 'EM FRONT OF ME.
UH, I DON'T, IT'S LITTLE SCARY TO ME WHEN YOU START GO, OH, WELL WE'VE GOT A SIDE LETTER HERE, YOU KNOW, UH, SO I THINK IT'S FAIR TO SAY WHAT YOU'RE PROPOSING.
THIS ATTORNEY, CAN THAT BE AN ADDENDUM OR A CONDITION OF THE THEN, UH, MOTION SO WE CAN GO FORWARD THAT IF HE PROVIDES REMOTE PARKING, THAT A PARKING, A REMOTE PARKING AGREEMENT HAS TO BE EXECUTED.
I DON'T WANT TO GET IN THE BUSINESS OF WRITING A REMOTE PARKING AGREEMENT.
I WOULD LIKE FOR THEM TO, TO WRITE AN AGREEMENT THAT THEY KNOW HOW TO WRITE.
AND I THINK THEY'VE SAID IT SIMILAR TO THE ONE THAT, THAT'S THAT I HAVE IN FRONT OF ME, BUT THAT'S JUST GONNA INCLUDE THEM.
AND SO, RATHER THAN ME TRYING TO FIGURE OUT EXACTLY WHAT A REMOTE PARK, 'CAUSE A REMOTE PARKING AGREEMENT APPARENTLY IS A VERY BROAD
[03:10:01]
ANYTHING, IT COULD GO BACK TO, TO THE, THE, THE TWO TENTHS OF A MILE WATER IS WHAT? SO I THINK IT'S RELATIVELY SIMPLE TO SAY, HEY, HERE'S THE SITE PLAN, THE PARKING PLAN, AND, UH, HERE'S THE AGREEMENT.AND BY THE WAY, WE'RE GONNA FILE THE AGREEMENT AS A DEED RESTRICTION, WHICH I THINK IS SOMETHING WE'RE CARE.
AND, AND AS LONG AS THIS, THIS AGREEMENT IS IN PLACE AND ISN'T VIOLATED, IT'S GOOD.
I, I THINK YOU JUST ADDED AS, AS AN EXHIBIT.
SO, YOU KNOW, UH, THE, FOR EXAMPLE, WE HAD A PROPOSED PARKING LAYOUT, AND I UNDERSTAND THAT THEY COULDN'T DO IT WITHOUT KNOWING EXACTLY WHAT, SO I'M PROPOSING THAT WE GIVE 22 SPACE REDUCTION.
SO KNOWING THAT AFTER YOU, UM, DE UH, DEDUCT WHAT YOU HAVE THE NOT ON, SO WHATEVER THAT NUMBER IS, UM, UH, THERE WILL BE, I MEAN, YOU WOULDN'T HAVE A PARKING AGREEMENT WITHOUT AN ADDENDUM THAT SHOWS HERE'S HOW MANY SPACES THERE ARE, AND HERE'S ONE.
IN FACT, MY UNDERSTANDING FROM PREVIOUS CONVERSATIONS WITH BUILDING OFFICIALS IS THAT IN THE CITY OF DALLAS, PARKING AGREEMENTS HAVE TO ACTUALLY DESIGNATE WHICH SPACE IS BOOTH.
SO I, AND IT WOULD MAKE SENSE THAT YOU WOULD DO THAT.
AND IN THE SAME WAY THAT WE HOLD PEOPLE WHEN WE APPROVE SOMETHING TO A SITE PLAN OR LANDSCAPE PLAN, WHATEVER IT IS, UH, THAT'S WHAT I WANT TO DO HERE.
THE ONLY DIFFERENCE IS SITE PLANS, LANDSCAPING WE SEE ALL THE TIME, THEY'RE NOT COMPLICATED.
WHEREAS, FOR EXAMPLE, THE, THE DEFINITION OF A PARKING, REMOTE PARKING AGREEMENT COULD BE ALMOST RIGHT.
FOR THE RECORD, MAY I SATISFY THAT REQUEST BY ASKING MR. THOMPSON TO LOOK AT HIS EMAIL, UM, AND PROVIDE YOU WITH THAT REQUEST THAT YOU JUST MADE FOR THE SITE PLAN WITH THE SPECIFIC COUNTS.
I'M NOT GONNA STOP YOU FROM ASKING MR. THOMPSON ANYTHING.
HE CAN PROVIDE THAT TO YOU HERE SHORTLY SO YOU CAN SEE IT AND FOR, UH, OTHER MEMBERS OF THE BOARD TO SHARE WITH YOU.
IT'S ALSO, YEAH, PLEASE DON'T JUST SEND ME ANYTHING.
SEND EVERYONE, AND IT'S COLOR CODED, IF YOU COULD PUT IT ON THE SCREEN.
UM, AND THEN I CAN SHOW YOU, UH, TO, TO MEET YOUR REQUEST THERE.
UH, HOW WE ACHIEVE THAT, UM, THAT COUNT AND HOW WE PRESERVE THE BUSINESS FOR THE, AS WELL AS ACHIEVING THE PARTING THAT WE'RE REQUESTING HERE TODAY.
AND TECHNICALLY, MY, MY STANDARD DOES NOT REQUIRE YOU TO PRESERVE.
I'M NOT SAYING YOU SHOULD BE A JERK.
I'M JUST, YOU KNOW, I, I'VE GOT ONLY A SET OF THINGS THAT I HAVE TO DO.
AND THE REST OF IT WOULD BE MY OPINION, WHICH IS THAT I THINK IT'S IMPORTANT THAT IT'S CLOSE.
AND I WAS JUST TRYING TO EXPLAIN HOW THE LEGEND THERE IS, UH, PRESENTED IS THAT THE WINDS ARE PRESERVED IN THIS PARTICULAR SITE PLAN, UH, AND WE MEET AND ACHIEVE ALL OF OUR PARKING THAT'S NECESSARY PER YOUR APPROVAL TO MAKE THE 22 SPACE REDUCTION.
AND OF COURSE, YOU CAN SEE THE, UH, THE SPACES THERE, UH, FROM THE, UM, CURRENT PARKING AGREEMENT THAT'S THERE, THE SPACES YOU CAN TELL THERE ARE ADDITIONAL SPACES THAT YOU'LL SEE, UH, THAT ARE PROVIDED.
AND SO, UM, UH, ALL OF THESE SPACES HERE HAVE BEEN, UH, THEY'RE, THEY'RE TO SCALE AND THEY'RE IDENTIFIED ON HERE, AND THE COUNTS ADD UP, AND YOU CAN SEE HOW WE MAKE THAT HAPPEN.
AND, UM, ALSO WHAT YOU'LL SEE ON THERE TOO IS YOU'LL SEE HOW WIDE THE DRIVE LANE IS FROM THE RIVERFRONT APPROACH.
UM, THERE ARE NONS STRIPE SPACES WHERE WE COULD ALSO UTILIZE THOSE, UH, TO FURTHER MAXIMIZE THE SPACES EVEN FURTHER THAN WHAT WE HAD DESCRIBED, UM, FROM THAT, UH, NORTH RIVER FRONT, UH, DRIVER APPROACH THERE.
YOU SEE, UH, YOU'VE GOT THE FAR SPACES THERE ON THE FENCE LINE THERE THAT ARE NEIGHBORING THE, UH, TRASH ENCLOSURE, THE DUMPSTER ENCLOSURE.
YOU'VE GOT THOSE AVAILABLE SPACES DOWN THERE, AND YOU CAN TELL WE'RE NOT ACTUALLY USING ALL OF THOSE.
SO THERE'S A, THERE'S A GREAT WEALTH OF SPACES THAT ARE THERE, AND WE BELIEVE THAT WE CAN SATISFY, UM, YOUR REQUEST TO HONOR THE, UH, UH, THE PD AND THAT THIS IS THE MOST WALKABLE SOLUTION.
UH, AND THIS IS ALSO A SOLUTION THAT IS THE MOST NEIGHBORLY AND THAT WE PRESERVE.
WE WE'RE, WE DON'T COME INTO, INTO THE, INTO THE NEIGHBORHOOD AS BULLIES.
[03:15:01]
FAIR AND KEEP EVERYBODY, UM, IN OPERATION, UH, EVERY REASON TO BELIEVE THAT THAT WOULD MEET CODE.SO, UM, THE ONLY, UH, WHAT I DON'T HAVE POWER OVER IS THE OTHER TWO PARTIES.
LIKE I CAN'T FORCE THEM INTO AN AGREEMENT WITH YOU.
BUT YOU FROM JUMP THOUGHT IF YOU HAD 22 SPACES, YOU COULD HAVE YOUR AGREEMENT.
SO WE WANTED TO BE VERY SPECIFIC IN OUR REQUEST TO THE BOARD YEAH.
TO SHOW YOU HOW WE ACHIEVE THE NUMBERS THAT WE ACHIEVED.
YOU COULDN'T HAVE AN AGREEMENT WITHOUT KNOWING WHAT YOU HAVE.
AND I THINK WE'VE ALSO SPENT A LOT OF TIME TALKING ABOUT HOW IMPORTANT IT IS THAT IT'S CLOSE FOR A LOT OF THEM.
AND THIS SOLVES ALL OF IT AND ALL, AND ALMOST ALL THESE OBLIGATIONS.
AND IT ALSO, WHETHER THEY AGREE WITH IT OR NOT, SOLVES THE, UH, CONCERNS THAT THE NEIGHBORS WROTE ABOUT.
BECAUSE PEOPLE ARE UNLIKELY TO SPILL OVER TO BEAR STUFF IF THEY HAVE A CLOSE OPTION.
AND ESPECIALLY WITH THIS VALE AND THE NATURE OF THE RESTAURANT IS SUCH THAT IT'S CLIENTELE ARE GOING TO USE VALE, THEY'RE NOT GONNA JUST DECIDE THEY WON'T PAY 10 BUCKS.
SO, YOU KNOW, I I JUST DON'T WANT TO BE IN THE BUSINESS OF ME DICTATING THE, THE LITMUS TEST FOR, FOR WHETHER THE, THE PARKING AGREEMENT IS GOOD, IS THE AGREEMENT OF THE OTHER PARTIES UNDERSTOOD.
SO SUBJECT TO SUBJECT TO YOUR ABILITY TO DO THE PARKING THERE, WHICH REQUIRES AN AGREEMENT WITH THE OWNERS I'M IN.
AND TO BE FAIR, WE HAVE A PRIVATE AGREEMENT IN PLACE, UH, THAT PREDATES THIS, THIS HEARING.
UH, THE ONLY REASON WHY THE PRIVATE AGREEMENT WAS NOT PUT FORTH IS BECAUSE IT WAS NOT IN THE PURVIEW OF THE BOARD.
BUT WE, WE ALREADY HAVE THE AGREEMENTS IN PLACE, UH, TO MAKE THIS THIS HAPPEN AS SOON AS POSSIBLE.
WE HAVE NO ABILITY TO ENFORCE A PRIVATE AGREEMENT THAT FOR THE COURTS.
SO, BUT IN OUR CASE, UH, I BELIEVE EVEN, EVEN IF WE DIDN'T WANT IT, IT WOULD HAVE TO, UH, BECOME, UH, THE RESTRICTION TO BE WRONG.
BUT, UM, BUT IT NEEDS TO BE ENFORCEABLE AND IT OUGHT BE ENFORCEABLE BY THE CITY.
AND SO I, I DON'T KNOW HOW YOU DO THAT WITHOUT HAVING THE AGREEMENT, BUT IF, IF THOSE 22 SPACES WERE 900 FEET AWAY, I WOULD, I IT WOULD SATISFY A LOT.
FEWER OF, OF THESE FIVE WOULD BE MUCH MORE CONCERNED THAT PEOPLE DECIDE, I DON'T WANT TO PARK 900 FEET AWAY.
I'M GONNA RUN AROUND AND PARK AT THE NEIGHBORHOOD'S STUFF, THE OWNER, YOU KNOW, THAT'S JUST, WE'RE WE'RE DOWNSIDE.
SO, UH, I'M SAYING YES, I'M JUST SAYING DO EXACTLY WHAT WE AGREED AND WE GOT IT.
WELL, YOU, YOU'VE GOT TO, TO DO THAT.
THE OTHER PARTIES, I I I TAKE IT ON FAITH, THE OTHER PARTIES ARE ON BOARD.
IF THEY'RE NOT ON BOARD, THEN NONE OF THIS IS POSSIBLE.
THESE, THESE PART, THE PART IS MY TESTIMONY THAT THEY, THE OTHER PARTIES ARE ON BOARD AND THEY HAVE, UH, RECORDED THAT IN A PRIVATE PARKING AGREEMENT TO SUPPORT THE NEXT STEP OF ENTERING INTO THE PUBLIC PARKING AGREEMENT, WHICH WOULD BE RECORDED WITH THE COUNTY.
SO YEAH, THE PRIVATE AGREEMENT, I HAVE NO SAY OVER.
UM, AND IF YOU WANT TO KEEP IT PRIVATE, KEEP IT PRIVATE.
THE, THE THE PUBLIC PART, I MEAN, I, I PRIVATE I THINK IS YOU'D HAVE TO SUE EACH OTHER AND I I DON'T WANNA BE INVOLVED.
BASED UPON YOUR DECISION TODAY, WE WOULD JUST, WE WOULD EDIT THE AMENDMENT AND THE PARKING AGREEMENT TO SHOW THAT OUR REQUIRED SPACES HAVE BEEN REDUCED TO THE NEW NUMBER OF 50.
AND THEN WE WOULD SHOW HOW WE ACHIEVE THOSE CREDITS, AND THEN WE WOULD SHOW WHERE THOSE SPACES WOULD BE ACHIEVED AND WE WOULD UTILIZE THIS PARTICULAR SITE PLAN, WHICH HAS BEEN APPROVED BY THE ZONING TEAM, UH, UH, THROUGH Q TEAM COURSE FOR ME.
BUT YOU GOTTA HAVE IT, YOU GOTTA GET A SIGN.
I MEAN, I'LL GO FOR, AND I THINK EVERYBODY ELSE HAS REPLYING TO, OH, MR. I'M DONE.
I SAY I'LL VOTE FOR IF I HAVE THAT.
I HAD TO SENSE EVERYBODY ELSE IS HIRED TO
I JUST HAVE A BRIEF QUESTION FOR OUR, OUR BOARD COUNCIL.
WERE THE PANEL TO GRANT THE MOTION AND PROVIDE FOR THE PERMISSION TO REDUCE IT TO 50 OFF STREET PARKING SPACES.
AND IF THE APPLICANT WERE UNABLE TO SECURE AN AGREEMENT TO PROVIDE FOR 50 OFF STREET PARKING SPACES, I COLLECT THAT THE RESTAURANT COULD NOT OPEN.
[03:20:03]
THAT'S RIGHT.THEY'RE GONNA HAVE TO SH PROVIDE 50 PARKING SPACES SOMEHOW AND SHOW THE CITY BEFORE THEY CAN GET THEIR CO.
SO THAT'S THE KIND OF CHECK ON THE SYSTEM SO THAT IF THEY'RE NOT ABLE TO EVENTUALLY ESTABLISH THAT VIA AN ENFORCEABLE AGREEMENT THAT THE CITY COULD AFFORD, THEY COULD NOT OPERATE THE BUSINESS THAT THEY'VE OBVIOUSLY INVESTED QUITE A BIT TO BRING TO TODAY.
AND AGAIN, REMOTE PARKING IS JUST ONE AVENUE THAT THEY CAN USE TO PROVIDE PARKING.
AND I DON'T THINK ANYTHING HERE SAYS THAT'S THE, AND IF THERE ARE OTHER WAYS TO DO IT, DO IT, BUT CAME ASKING FOR 22 SPACE REDUCTION WITH THE INTENT TO PROVIDE IT REMOTELY.
THAT'S, UH, YOU KNOW, AND I, I DO THINK THE, THE STANDARD THAT I'M ALWAYS SENSITIVE TO IS IF WE'RE REDUCING THE AMOUNT, IF WE'RE MAKING THE DECISION THAT WE THINK, UH, YOU KNOW, AT THE, THE ZONING AS IT REALLY SAYS THERE'S MORE PARKING THAN WE NEED THAT IF WE'RE WRONG, THE OVERFLOW IS THE NEIGHBOR.
SO HAVING THIS THING WHERE IT IS TAKES THAT OFF THE TABLE.
SO, AND, AND IT'S, IT, IT WAS THE APPLICANT'S PROPOSAL.
SO I, I FEEL LIKE I'M SITTING HERE SAYING, I ACCEPT, YOU KNOW, WE, WE CAME HERE STARTING WITH A PROPOSAL THAT WAS IN THAT, THAT WE KNEW WHAT, YOU KNOW, HAD, UH, SPACES, YOU KNOW, IN DIFFERENT PARTS OF, OF THE PD.
UM, SO I, I DON'T, I DON'T THINK IT'S, IT'S UNREASONABLE TO, TO SAY, OKAY, WELL WE STARTED WITH A WHOLE DIFFERENT IDEA, NOW LET'S JUST MEMORIALIZE WHERE WE PARK.
AND YOU COULD LITERALLY SAY, YOU KNOW, THAT PARKING AGREEMENT HAS TO BE ACCEPTABLE TO THE OTHER PARTIES, PERIOD.
YOU KNOW, AND, AND FROM OUR STANDPOINT, THE CITY'S STANDPOINT, IT NEEDS TO BE FILED SO THAT THE CITY CAN AND ENFORCE ADVICE.
SIR, ARGUMENT, MAY I MAKE A MOTION? YOU MAY I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 1 32 ON APPLICATION TO MIKE DAVIS GRANT FOR REQUEST OF THIS APPLICANT TO PROVIDE 50 OFF STREET PARKING SPACES TO THE OFF STREET PARKING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES SEVEN TWO OFF STREET PARKING SPACES.
BECAUSE OUR EVALUATION OF THE PROPERTY AND USE IN THE TESTIMONY SHOWS THAT THE PARKING DEMAND GENERATED BY THE USE DOES NOT WARRANT THE NUMBER OF REQUIRED PARKING SPACES.
AND THAT THIS SPECIAL EXCEPTION WILL NOT INCREASE TRAFFIC HAZARD OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREET.
NOW FURTHER MOVE, FOLLOWING CONDITION BEING IMPOSED FURTHER, THE PURPOSE AND I SENSE OF DALLAS DEVELOPMENT CODE, THE SPECIAL EXCEPTION OF 22 SPACES SHALL AUTOMATICALLY AND IMMEDIATELY TERMINATE IF AND WHEN THE RESTAURANT WITHOUT DRIVING OR DRIVE THROUGH SERVICE USE HAS CHANGED OR DISCONTINUED.
I SECOND THE QUESTION, DO YOU KNOW I'M GONNA VOTE? NO, I, NO, BUT MAYBE NOW WE CAN ACTUALLY HAVE A BIT OF A DISCUSSION.
UM, BECAUSE TECHNICALLY IT WASN'T OUR PLACE TO DO SO PREVIOUSLY.
SO I VIEW THIS AS WHAT THE STANDARD IS FOR US TO ACCOMPLISH.
AND THE BOARD'S, THE QUESTION TO THE BOARD IS WHETHER THE REDUCTION, UM, WHETHER THE USE DOESN'T GENERATE IT.
AND I THINK, UH, FOR MR. DAVIS'S TESTIMONY AND FROM THE PARKING STUDY I GET THERE BECAUSE THEY'VE ESTABLISHED SUFFICIENTLY TO ME THAT THE USE DID NOT REQUIRE SOME, THEN THE QUESTION IS WHETHER THE REDUCTION WOULD INCREASE TRAFFIC HAZARDS OR INCREASE TRAFFIC CONGESTION.
UM, AND GIVEN ALL OF THE TESTIMONY, I ANSWER THAT QUESTION, UM, OR I AGREE THAT IT WILL NOT INCREASE TRAFFIC HAZARDS OR INCREASE TRAFFIC CONGESTION BECAUSE THE TYPE OF, UH, USE THE NATURE OF THIS PARTICULAR RESTAURANT AND THE EXPERIENCE THAT THEY WANT TO GIVE THEIR CLIENTELE IS SUCH THAT THEY HAVE ALREADY ESTABLISHED PRIVATE PLAN, BUT THEY JUST NEED TO THEN PUSH INTO THE USABLE FORM FOR THE CITY.
UM, AND I DON'T VIEW ANYTHING IN OUR STANDARD IS REQUIRING US TO EVALUATE THOSE TERMS AND CONDITIONS BECAUSE I VIEW THAT AS THE NEXT STEP BEING THAT THE CITY'S CHECK IN THE PROCESS IS PREVENTING THEM FROM OPEN UNLESS THEY'RE ABLE TO SORT OF SATISFY AND ESTABLISH A, UM, AND THEN VERY MUCH THINK THAT THEY WANT THE BEST EXPERIENCE FOR THE CLIENTELE TO HAVE IT BE THAT EXPERIENCE FOR THE RESTAURANT.
SO THAT'S WHY I'M ON BOARD WITH THIS.
[03:25:05]
I'M KIND OF STRUGGLING, AND MAYBE THIS IS ME WEARING MY, MY WATER HAT OF THE CART BEFORE THE HORSE THING, WHICH IS YOU WOULDN'T EXPECT THAT A BUSINESS WOULD INVEST IN FINALIZING AN ARRANGEMENT, AND THE ARRANGEMENT WOULD ALSO HAVE TO CHANGE BASED ON WHAT THE NUMBERS ARE BEFORE HAVING US.AND I'M ALSO NOT SURE WHAT WE WOULD BE ASKING THEM TO COME BACK TO SHOW US NEXT TIME IF WE WERE WAITING FOR SOME TYPE OF DOCUMENTATION TO SEE FROM THEM IS AGAIN, I VIEW THAT AS LIKE, OKAY, THEY GET IT.
THAT'S WHAT LETS THEM DROP A NUMBER TO 50 AND THEN NEGOTIATE WITH THE PRIVATE ACTORS ABOUT IT AND FINALIZE IT IN A FORM THAT IS SUFFICIENT FOR THE CITY TO LAST.
SO THAT'S KIND OF WHERE I AM ON AND WHY I ADVANCE THE MOTION.
AM I RIGHT THAT THE CITY DOES REQUIRE A COUPLE OF THINGS TO THIS? LIKE, LIKE THE CITY REQUIRES THAT A REMOTE PARKING AGREEMENT, UH, BE FILED AS A DEED, LIKE THE CITY HAS SOME REQUIREMENTS HERE, RIGHT? IT'S REQUIRED THAT IT'S FILED IN THE DEED OF RECORDS OF, IN THE COUNTY.
IT'S NOT A DEED RESTRICTION, IT'S JUST THAT IT NEEDS TO BE FILED IN THE, WITH THE COUNTY.
SO, SO WE HAVE SOME REQUIREMENTS, UH, THAT, THAT OUR CODE MAKES US DO WELL, BUT LET'S DISTINGUISH BETWEEN THE REQUIREMENTS THAT WE DALLAS HAVE VERSUS WE, AND THIS BOARD OF ADJUSTMENT IS DETERMINING WHETHER WE BELIEVE THAT THE PARKING REQUIREMENT REDUCTION IS MET OR NOT.
WE, I DON'T BELIEVE OUR ROLE REQUIRES US TO SPECIFY WHERE WITHIN THAT THOUSAND FOOT RADIUS SOME TYPE OF PARKING MIGHT BE OR OTHERWISE, BECAUSE OUR, UNLESS YOU INDIVIDUALLY CONCLUDE, THAT REQUIRES YOU TO THINK OF THAT BECAUSE THAT IMPACTS YOUR EVALUATION OF TRAFFIC HAZARDS OR TRAFFIC CONGESTION.
AND SO I READ THAT AS SAYING IF IT'S WITHIN A THOUSAND FEET OF EVERYWHERE, THE QUESTION IS WHETHER THE REDUCTION WOULD INCREASE TRAFFIC CONGESTION IN THAT ENTIRE AREA BECAUSE THERE ISN'T SOME LIMITER ON IT BEING LIKE, WELL, ONLY WITHIN A FOUR BLOCK RADIUS IS WHAT WE'RE SUPPOSED TO BE THINKING THAT IN TERMS OF THE NEARBY STREETS OR OTHERWISE, WELL, THE LIMITERS THE THOUSAND FEET DEFINED BY A WALKABLE, RIGHT.
NO, NO, NO, BUT BUT, BUT THAT'S THE POINT.
AND SO IT'S, IT'S WHO IS GOING TO BE IMPACTED OR WHAT WILL INCREASE TRAFFIC HAZARD OR NOT.
AND I GENERALLY THINK OF RIGHT OR WRONG THAT A VALET, UH, APPROACH TO IT IS GOING TO BE SAFER, THOUGH.
I'M SURE YOU COULD ALSO ARGUE THAT SOMETIMES VALET INDIVIDUALS, UH, MIGHT NOT ADVANCE IT THAT WAY AT BEING SAFER OR NOT APRIL, I DON'T WANNA GET INTO THAT, BUT, BUT THAT'S THE THING, WHICH IS OKAY, DO I THINK THAT GOING AGAIN, IT'S IS GOING BY 72 TO 50, DOES THAT HAVE AN IMPACT ON NEARBY CONGESTION? OTHERWISE, AND SINCE THEY'VE ESTABLISHED FOR ME, BASED ON THE PARKING STUDY THAT THEY NEVER WOULD MEET THE 72, UM, THAT ISN'T ACTUALLY MAKING A CHANGE IN MY ANALYSIS OF, OF HOW MANY CARS NEED TO BE
SO I THINK IT'S, SORRY, UH, REASONABLE TO SAY THAT, UH, A PARKING SPACE ON THE SITE IS DIFFERENT THAN A PARKING SPACE A THOUSAND FEET AWAY AND A PARKING SPACE 20 FEET AWAY IS DIFFERENT THAN ONE 900.
AND THAT, UH, THAT THE STUFF IN BETWEEN THIS THEORETICAL 20 FOOT TO 900 FOOT HAS SOME EFFECT ON IT.
UH, IT IS MY OPINION AND JUDGMENT, UH, THAT, UM, HAVING PARKING CLOSE TO THE, UH, THE SITE, UH, MITIGATES OVERFLOW, UH, UH, UM, AND IT'S, IT IS ALSO, UH, WHAT
[03:30:01]
THE APPLICANT WANTS TO DO.UM, I, I, UH, IN, IN OUR STANDARD PROBABLY DO HAVE SOME RIGHTS THAT I'D RATHER NOT USE TO RESTRICT OR, OR OTHERWISE, I I REALLY DON'T WANNA WRITE THIS AGREEMENT.
I HAVE THE EXISTING ONE THAT THEY'RE GOING TO A MET AND, YOU KNOW, I, I DON'T KNOW WHAT'S WRONG WITH THE WORDING IN THAT AGREEMENT.
THEY JUST HAVE TO ADD THEMSELVES AND CHANGE THE STRIPE.
UH, SO I, I, I, UH, BUT I, I DO THINK, I GUESS WHEN IT COMES DOWN TO IT THAT THAT A, A REMOTE PARK IS NOT A REMOTE PARK, IS NOT A REMOTE PARK.
WE, THEY ARGUED, YOU CAN TELL IN THE PD ABOUT WHETHER IT SHOULD BE 1,015 HUNDRED, UH, UH, UH, OR WHAT ON THE REMOTE PARKING THAT THE BIGGEST DIFFERENCE IN THIS PAGE THAN ANY OTHER PARKING THING, AT LEAST THAT I'VE SEEN, IS THE FACT THAT THERE ARE ESSENTIALLY NO ONSITE PARKS.
ALL OF IT TO STATION ARE REMOTE.
AND THAT MEANS THAT, THAT IF ALL OF YOUR CUSTOMERS, AND I UNDERSTAND NOBODY WANTS ALL YOUR CUSTOMERS TO BE THREE BLOCKS AWAY, BUT IF ALL OF THE CUSTOMERS HAVE TO BE THREE BLOCKS AWAY, THEY WILL FIND A WAY TO PARK CLOSER.
AND AT THAT POINT, THE NEIGHBORS HAVE SOME LEGITIMATE CONCERN.
AND THEN I HAVE TO RESPECT THAT.
I SEE NO REASON THAT THE NEIGHBORS SHOULD BE CONCERNED GIVEN WHAT'S PROPOSED.
SO AGAIN, I I HAVE A HARD TIME UNDERSTANDING WHY IT'S HARD TO SAY TAKE DISAGREEMENT THAT YOU HAVE, AND I UNDERSTAND THAT YOU'RE GONNA HAVE TO CHANGE THE EXHIBIT THAT IS DEC RECYCLABLE BECAUSE YOU'RE GONNA DO IT DIFFERENTLY.
FACT, BUT ABSENT THAT, WE HAVE IT.
SO I WHY IS, WHY, WHAT'S WRONG WITH THAT? I SEE OUR TASK AS WE ARE
WE ARE NOT THE ENFORCEMENT AGENCY.
AND THE ENFORCEMENT AGENCY WOULD BE, AS MR. SLAVE STATED, THEY DON'T GET THEIR CO OR WHATEVER, IF THEY DON'T MEET THE REQUIREMENTS FOR, TO PROVIDE THE NECESSARY AGREEMENTS AND SITE PLANS TO COORDINATE WITH WHAT WE HAVE ALLOWED ICONTINUE TO GO THROUGH.
SO, UH, WE, WE APPARENTLY DO HAVE TO GO PER, PER, I DON'T WANNA ENFORCE IT.
I DO WANT THE CITY TO BE ABLE TO ENFORCE IT.
UM, OUR, OUR JOB, UH, IS SIMPLY TO DECIDE WHETHER THIS REDUCTION, GIVEN THAT THE BURDEN IS ON THE APPLICANT, WE HAVE TO DECIDE THAT THIS REDUCTION WON'T HARM THE NEIGHBORS OR TRAP PERIOD.
I GUESS WHERE I'M STRUGGLING IS RIGHT NOW, THEY DON'T NEED TO COME TO US FOR A REVIEW AND WE WOULD HAVE TO DEMONSTRATE TO THE CITY IN SOME ENFORCEABLE AGREEMENT THAT THEY COULD PARK 72.
YOU'RE SAYING THAT THEY COULD PARK EVERYTHING THEY NEED TO RIGHT NOW, THEY WOULDN'T NEED ANY RELIEF FROM US IF THEY SAID, OKAY, WE'LL SHOW YOU THAT WE CAN DO 72 SPOT.
THEY STILL WOULD HAVE NONE ON STUFF.
AND I GUESS I'M JUST NOT UNDERSTANDING, I I'M NOT UNDERSTANDING THE CONDITION YOU'RE SEEKING TO IMPOSE OR IF YOU WOULD CHOOSE TO POSTPONE THE HEARING SO THAT THEY COME BACK WITH SOME DOCUMENTATION FOR YOU TO SEE IN JANUARY OR WHAT YEAH, I'M NOT TRYING TO SPIKE IT.
I, UH, I'M, I'M THINKING THAT THEY PROBABLY CAN'T DO IT IN FIVE MINUTES.
UM, UH, I, UH, YEAH, AND IF THEY DON'T NEED US, THEY'LL NEED IT.
UM, BUT SINCE THEY'RE ASKING FOR A REDUCTION, WHICH I, I DON'T CONSIDER TO BE A SMALL PART, UM, UH,
[03:35:01]
AND THEY'RE SAYING THIS IS HOW WE'D LIKE TO DO IT, WHICH IN MY IS NO DIFFERENT THAN SAYING WE WOULD, UH, WE'D LIKE TO HAVE A A FENCE HYPE THAT'S DIFFERENT AND THIS IS WHERE WE'RE GONNA PUT IT.THIS IS WHAT IT'S GONNA LOOK LIKE.
SO YES, IF YOU WANT TO, TO DO THAT AND PUT THE SPACES THERE, I THINK YOUR PROPOSAL IS GOOD.
I VOTE WHAT IF YOU'RE SAYING EH, MAY OR MAY NOT NEED 22 SPACES AND THE EFFECT ON TRAFFIC IN THE NEIGHBORS IS TOTALLY, UH, UH, IT'S, IT, IT DOESN'T MATTER WHERE MR. MO PARKING SPACE IS I, I, I DON'T THINK THAT'S RIGHT.
UH, THAT'S WHAT IT, AND THAT'S WHY, SO I, YOU TELL ME IF THERE'S A MOTION THAT SIMPLY SAYS, YOU KNOW, ENTERS INTO A PARKING AGREEMENT ON THIS PROPERTY.
THERE'S, I THINK THE APPLICANT DOESN'T SEEM TO THINK IT'S A PROBLEM TO GET THIS AGREEMENT.
UH, AND I DON'T WANT TO TELL HIM WHAT'S IN IT.
ALL I'M SAYING IS I THINK YOU'VE GOT A GOOD SOLUTION.
THAT'S VERY DIFFERENT THAN JUST SAYING DO WHAT YOU WANT.
SO THEN SHOULD WE HAVE A VOTE ON THE MOTION THAT'S PENDING AND THEN YOU MAKE A MOTION? BECAUSE I STILL DON'T UNDERSTAND WHAT YOU WOULD WANT.
UH, WELL, I, I, I WOULD, I WOULD POSTPONE IT SO THAT, SO THAT THEY TALK AND THAT'S FINE.
SO, BUT WE HAVE A SECONDED MOTION.
YOU CAN WITHDRAW IT OR WE CAN VOTE EITHER WAY.
IF YOU WANT ME ON THE RECORD ON NO, NO.
I, I CAN, UM, I BELIEVE MS. P*****K WOULD'VE TO SECOND MY WITHDRAWAL OF THE MOTION.
UM, YOU MAY NOT WANT TO DO THAT, BUT I'LL BE TO WITHDRAW IT.
VICE CHAIR AG, WOULD YOU LIKE TO MAKE THE MOTION, UH, I MOVE THAT WE POSTPONED THE CASE UNTIL OUR MEETING ON JANUARY 23RD, 2025.
I'LL SECOND THE MOTION TO DISCUSS.
UM, THE OTHER GOOD THING ABOUT THAT, BY THE WAY, IS YOU'LL HAVE A FIFTH PERSON, THEN YOU GUYS MIGHT BE ABLE TO, IT MIGHT NOT MATTER WHAT.
I THINK YOU'LL HAVE MULTIPLE PEOPLE WHO'LL BE NEW TO THE CASE.
'CAUSE I WON'T BE AT THE JANUARY 23RD HEARING.
UM, AND JUST TO EXPLAIN, OBVIOUSLY WE NEED AT LEAST 80% VOTE IN YOUR FAVOR.
AND SO, UM, THE REASON I SECONDED POSTPONING IT WOULD BE TO ALLOW, UM, HOPEFULLY YOU AS THE APPLICANT HAVE AN UNDERSTANDING OF KIND OF WHAT, UH, VICE DRAG SHE'S LOOKING FOR TO BE ABLE TO, TO SATISFY THE PROXIMITY CONNECTION THAT IS IMPORTANT TO SATISFY THE CONCERNS ABOUT THE TRAFFIC.
AND, AND, AND, UM, WE WILL ACCEPT THE TERMS THAT HE OUTLINED.
WE CAN ACCEPT THOSE TERMS. THOSE ARE IDENTICAL TO THE BUILDING OFFICIALS TERMS. SO WE CAN ACCEPT THE TERMS THAT HE'S OUTLINED.
IF THAT WERE PRESENTED IN A MOTION, WE COULD ACCEPT THAT.
BUT I WOULD SAY THAT, UM, UH, THERE WOULD BE NO POINT IN US RETURNING IN JANUARY.
UM, AT THAT POINT, THE, THE PROJECT ITSELF, UH, UH, NOW THAT IT'S BEEN ON HOLD FOR, FOR THAT PERIOD OF TIME, IT WOULD, IT WOULD NOT, THERE WOULD BE NO DISCUSSION.
IT WOULD NOT, WE WOULD, UH, WE WOULD ULTIMATELY HAVE TO WITHDRAW AND ENTER INTO THE AGREEMENTS THAT ARE ON THE TABLE ALREADY.
AND WHY DON'T WE DO THAT? I, THAT WOULD CAUSE WE'RE, WE'RE LOOKING, JUST TO GIVE YOU AN EXAMPLE.
UH, ALL OF YOUR OPPOSITION LETTERS WERE FROM LAY PEOPLE, UH, MAY NOT HAVE BEEN TRAFFICKING ENGINEERS OR MAY NOT HAVE UNDERSTOOD THE DEVELOPMENT PROCESS.
WHAT THEY ARE ASKING FOR IS NOT WHAT THEY PUT IN THEIR OPPOSITION LETTERS.
WHAT THEY'RE ASKING FOR IS THEY WANT US TO COMPETE FOR THE SAME PARKING SPACES THAT THEY ARE USING.
NOW, WHAT WE ARE ASKING FOR IS WE WANT TO ALLOW THEM TO USE WHATEVER THEY'VE BEEN USING TO ALLOW THE STATUS QUO FOR THOSE NEIGHBORS TO EXIST.
BUT, UM, JUST TO BE FAIR, WE CAN, WE CAN WALK OUTTA HERE AND SIGN OUR AGREEMENTS AND, AND, AND MOVE FORWARD.
IT WOULD JUST BE AN ENCUMBRANCE ON THE NEIGHBORHOOD AND ESSENTIALLY, UM, IT WOULD BE A LOSS FOR THE NEIGHBORS.
I MEAN, I, I KEPT, I, I'D LIKE TO SAY SOMETHING.
I CANNOT SUPPORT THIS MOTION TO CONTINUE.
MR. SLAVE'S NOT GOING TO BE HERE IN JANUARY.
SO I THINK WE SHOULD RESOLVE THIS ISSUE TODAY.
SO VICE CHAIR, WE'LL ACCEPT YOUR TERMS. I'M IN, JUST PUT
[03:40:01]
THE LANGUAGE IN THERE AND THE, THE MOTION, WE'LL ACCEPT THE TERMS THAT ALL YOU'RE ASKING FOR IS THE SAME AS THE BUILDING OFFICIAL.I DON'T KNOW WHAT THE BUILDING, I, I THINK APPARENTLY, I MEAN, I'M ASKING FOR WHAT YOU WANNA DO.
WE WANNA REDUCE BY 22 SPACES, AND WE WILL BASE THAT ON A, IN A PARKING AGREEMENT THAT'S ON THE CITY FORM THAT WILL BE RECORDED WITH THE COUNTY.
THAT WILL MAINTAIN ITSELF IN GOOD STANDING WITH THE CITY.
OTHERWISE, OUR CO IS TERMINATED.
AND YOU'LL DO IT ON THE DOMINO'S LOT.
WE'LL DO IT ON THE DOMINO'S LOT.
WE'LL PUT THOSE SPECIFIC TERMS IN THE, IN THERE.
IF, IF THAT IS PERMISSIBLE, THAT SOLVES EVERYTHING I WANT.
SO DOES THAT MEAN YOU'RE WITHDRAWING YOUR POST? I'M GONNA, OKAY.
I, UH, WOULD LIKE TO WITHDRAW MY MOTION.
SO YOU WANT ME TO TRY TO QUICKLY CRAFT THIS MOTION? GO FOR IT.
WHERE IS MY, UM, MY APPROVAL MOTION? IT'S, SIR.
UH, I MOVE IN, UH, BOARD OF ADJUSTMENT APPEAL NUMBER BDA, UH, 2 34 DASH 1 32 ON APPLICATION OF MIKE DAVIS.
GRANT, THE REQUEST OF THIS APPLICANT TO PROVIDE IS IT 50 I THAT STILL 50 50 50 OFF STREET PARKING SPACES TO THE OFF STREET PARKING REGULATIONS CONTAINING THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES 72 OFF STREET PARKING SPACES.
BECAUSE OUR EVALUATION OF THE PROPERTY USE AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT INCREASE TRAFFIC HAZARDS OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS IN THE PARKING DEMAND GENERATED BY THE USE DOES NOT WARRANT A NUMBER OF ACQUIRED SPACES.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO PER, UH, TO, UH, FURTHER THE PERSON'S TENANT.
DALLAS DEVELOPMENT CODE, A SPECIAL EXCEPTION OF 22 SPACES SHALL AUTOMATICALLY AND IMMEDIATELY TERMINATE IF AND WHEN THE RESTAURANT WITHOUT DRIVE THROUGH SERVICE USE IS CHANGED OR DISCONTINUED.
SECONDLY, THE APPLICANT SHALL ENTER INTO A REMOTE PARKING AGREEMENT ON THE CITY FORM, UH, PROVIDING 22 SPACES ON WHAT IS THE ADDRESS, UH, PROVIDING 50 SPACES AT NINE 40 NORTH RIVER FRONT, WHICH IS THE DOMINO'S LOT.
9 49 4 0 NORTH RIVERFRONT, WHICH IS IDENTIFIED AS THE DOMINO'S LOT AND OTHERWISE KNOWN AS A DOMINO'S LOT.
HEARING NONE, MS. WILLIAM, MS. OCK? AYE.
MOTION TO GRAHAM PASSES 4, 2 0.
AND IF I MAY CLOSING, I WANT TO THANK YOU ALL FOR THE TIME.
I WAS IN THIS ROOM 20 YEARS AGO TO THE MONTH WHEN I DID MY FIRST CASE.
AND THAT SECURITY OFFICER RIGHT THERE WALKED IN 20 YEARS AGO WHEN I WAS ONE VOTE AWAY FROM WINNING THAT CASE.
AND WHEN I SAW HIM WALK IN, I HAD A GOOD FEELING.
SO I WANT TO THANK YOU ALL FOR TAKING THE TIME.
THIS IS ACTUALLY AN EMOTIONAL RIDE.
IT'LL CLOSE OUT THE YEAR, 20 YEARS OF CASES, AND I NEVER LOST ONE.
I REALLY APPRECIATE THAT, AND I APPRECIATE Y'ALL TAKING THE TIME AND THE DILIGENCE.
MR. VICE CHAIR AND MEMBERS OF THE BOARD, THANK YOU VERY MUCH.
THANK YOU FOR YOUR PATIENCE WITH ME PARTICULARLY.
MAY THE REST OF YOU HAVE A WONDERFUL SET OF HOLIDAYS.
AND, UH, MR. DAVIS, CAN YOU, CAN YOU, UM, REITERATE THE DOMINO'S PARKING LOT ADDRESS, PLEASE? THAT YOU APPLIED THE REMOTE PARKING ON? YES.
SO THE DOMINO'S LOT IS AT NINE 40 NORTH RIVERFRONT BOULEVARD.
SO THE MEETING IS ADJOURNED AT 5:31 PM THANK YOU.