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[BRIEFINGS]
DISTRICT ONE, COMMISSIONER SCHOCK, DISTRICT TWO.COMMISSIONER HERBERT PRESENT, DISTRICT FOUR.
DISTRICT FIVE, CHAIR SHA DID PRESENT DISTRICT SIX.
COMMISSIONER FRANKLIN PRESENT? DISTRICT NINE.
COMMISSIONER KINGSTON HERE IN FEELING FEISTY IN PLACE.
COMMISSIONER RUBEN, VICE CHAIR RUBEN.
TODAY'S THURSDAY, FEBRUARY 6TH, 2025, 9:11 AM UH, STARTING A LITTLE BIT LATE TODAY.
COUPLE OF QUICK ANNOUNCEMENTS BEFORE WE GET STARTED.
UM, THERE IS A, A PLANNED INTERNET OUTAGE AT 8:00 PM SO, UH, WE, WE MUST BE DONE BEFORE THEN.
SO WE, I KNOW
UH, SO COMMISSIONERS, JUST PLEASE KEEP THAT IN MIND WHEN THE HEARING BEGINS, THAT WE DO NEED TO KEEP GOING.
THERE'S, THERE'S LOTS OF ZONING CASES AND I, I THINK MANY ARE COMING OFF CONSENT.
UH, SO WE'LL HAVE TO KEEP A GOOD PACE.
SECONDLY, THERE MAY BE A POWER OUTAGE AT 6:00 PM UM, SO WE'RE TRYING TO FIGURE THAT OUT TO SEE IF THAT'S GONNA AFFECT US.
AND IF WE IN FACT HAVE TO BE GONE BEFORE THEN, WE DON'T KNOW YET.
UH, AND THEN ALSO WE ARE GONNA BE MOVING SOME CASES AROUND.
WE, WE DO HAVE LOTS OF MOVING PARTS.
SOME COMMISSIONERS, UH, HAVE LIMITED AVAILABILITY, SO WE'LL BE MOVING SOME, SOME CASES UP, MAYBE SOME BACK, INCLUDING THE PEPPER SQUARE CASE THAT WE WILL BE MOVING IT UP IN THE HEARING.
UM, SO ANYONE INTERESTED IN BEING HEARD ON THAT CASE, PLEASE MAKE SURE THAT YOU'RE READY TO GO.
UH, AND WITH THAT, COMMISSIONERS, UH, VICE CHAIR RUBIN WILL BE VIRTUAL TODAY.
SO I ASK COMMISSIONER FRANKLIN TO SERVE AS VICE CHAIR TODAY.
SO I, I NEED A, A MOTION FOR THAT.
THANK YOU COMMISSIONER CARPENTER FOR YOUR MOTION.
AND, UH, COMMISSIONER HOUSER FOR YOUR SECOND.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
AND THE OPPOSED AYES HAVE IT, UM, COMMISSION.
SO AT THIS POINT, UH, WE ARE GOING TO DO BRIEFING, UH, PER REQUEST.
AND LET ME JUST KIND OF GO THROUGH THE CASES THAT HAVE COME OFF CONSENT.
DO YOU KNOW WHAT NUMBER THIS IS? DO YOU KNOW WHAT NUMBER THIS ONE IS? LET'S SEE, 3 36.
OKAY, COMMISSIONER, SO AT THIS POINT WE HAVE CASES 1, 2, 3, 4, 8, 9, 11, 16, 17, 18, 19, 22, AND 23 COMING OFF CONSENT.
SO IT'S 1, 2, 3, 4, 8, 9, 11, 16, 17, 18, 19, 22, AND 23.
UH, SOME OF THOSE ARE, ARE, UH, BEING PULLED OFF CONSENT, UH, TO MAKE ADJUSTMENTS AND OTHERS TO BE HELD UNDER ADVISEMENT.
I KNOW MINE IS ON NUMBER 17TH, SO WHEN WE GET TO IT, IT'S GONNA BE HELD TO MARCH 6TH.
UM, SO ANY OTHERS THAT WE KNOW AT THIS POINT? YES, COMMISSIONER HAMPTON AND THANK YOU.
ITEM FIVE Z 2, 3, 4, 3, 5, 3 WILL ALSO BE INDIVIDUAL.
I'M SORRY, WHICH ONE WAS THAT? ITEM FIVE.
AND CAN WE ADD ITEM 20 AS WELL? 20.
WE HAVE 1, 2, 3, 4, 5, 8, 9, 11, 16, 17, 18, 19, 20, 22, 23.
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13 ALSO.WE HAD SPEAKERS REGISTERED TO SPEAK OPPOSITION.
SO THE CONSENT AGENDA, UH, IF, UNLESS I'M MISTAKEN, CONSISTS OF CASES 6, 7, 10, 12, 14, 15, AND 21.
DOES ANYBODY NEED ANY OF THOSE OFF? 6, 7, 10, 12, 14, 15, 21.
WHAT? WHAT'S THAT? THOSE ONE CAME OFF.
YES, WE HAVE A CONFLICT ON NUMBER ONE.
ANY OTHER CHANGES OF THOSE CASES? COMMISSIONER? 6, 7, 10, 12, 14, 15, 21.
COMMISSIONER HALL? UH, I DON'T ANTICIPATE ANYONE SHOWING UP FOR CASE 21, BUT IF THEY DO, WE CAN TAKE IT OFF CONSENT.
WE WON'T KNOW UNTIL THEY GET HERE, I GUESS.
UM, SO, UM, UNTIL THE HEARING, WE HAVE THOSE SEVEN CASES STILL ON CONSENT.
SO WE WILL AGAIN WITH CASE NUMBER ONE.
UM, COMMISSIONER HERBERT HAS A CONFLICT ON THAT CASE, BUT IT IS GONNA BE HELD UNDER ADVISEMENT.
UM, SO WE WON'T BREACH THAT ONE TODAY.
BUT WHEN WE GET TO THE HEARING, COMMISSIONER HERBERT, WE WILL, WE WILL STEP OFF FOR, FOR THE MOMENT UNTIL WE HAVE THAT MOTION MADE.
UH, NUMBER TWO, DO WE NEED THAT BRIEFED? UH, YES, WE NEED THAT ONE BRIEFED.
OKAY, LET'S HAVE THAT ONE BRIEFED.
CAN YOU SEE THAT CHAIRMAN? OH, THERE.
HOW ABOUT NOW? CAN EVERYONE SEE THAT? YES, WE CAN.
IT'S KC 2 34 DASH 3 34, LOCATED OVER ON SIMPSON STEWART.
IT'S A REQUEST FOR A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A GENERAL MERCHANDISE OR FOOD STORE.
IT'S A CONVENIENCE STORE, UH, GREATER THAN 3,500 SQUARE FEET.
IT'S ON THE SOUTHEAST CORNER OF SIMPSON, STEWART ROAD, UH, AND BONVIEW ROAD.
IT'S ABOUT A LITTLE UNDER AN ACRE.
UM, SOME ZONING CONDITIONS FOR YOU.
IT'S IN THE COMMUNITY RETAIL DISTRICT.
IT DOES HAVE A, UM, D ONE LIQUOR CONTROL OVERLAY.
THERE WAS A, A PREVIOUS SUP ON THE SITE THAT IS EXPIRED.
I CAN SEE IT'S LOCATION THERE AGAIN, SORT OF AT THAT EAST HARD CORNER, SIMPSON STREET AND BONNIE.
AND THEN TAKING A LOOK AT SURROUNDING ZONING CONDITIONS.
THERE'S A, A SIMILAR USE, UH, TO THE NORTH, ALSO ZONE CR UH, SOME MISCELLANEOUS RETAIL USES TO THE EAST, UM, CR AS WELL.
AND THEN A MULTIFAMILY PROPERTY TO THE SOUTH.
I CAN TAKE A LOOK AT THE SITE HERE.
MULTI-TENANT BUILDING, TAKING A LOOK
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INTO THE GAS CANOPY BACK AT THE SITE.UH, TAKING A LOOK AT THE PROPOSED SITE PLAN, SEE THAT THE, UH, NOTE, A SPECIFIC USE, UH, PERMIT AREA CALLED OUT RIGHT THERE.
UH, WITH THAT STAFF'S RECOMMENDATION IS APPROVAL FOR A FIVE-YEAR PERIOD SUBJECT TO SITE PLANNING CONDITIONS.
QUESTIONS, COMMISSIONER FRANCO? UH, YES, UH, THANK YOU FOR THAT, UH, QUICK PRESENTATION.
UH, CAN YOU, UH, REMIND US, UH, WHY THE, UH, SUP ORIGINALLY EXPIRED WITHOUT BEING RENEWED? I BELIEVE IT.
I BELIEVE IT WAS JUST NOT GONE THROUGH THE, IT HAD NOT GONE THROUGH THE RENEWAL PROCESS IN TIME YET.
THERE'S A APPLICATION TIMELINE THERE, UH, TO START PROCESSING THAT RENEWAL.
IT'S MY UNDERSTANDING THAT THAT APPLICATION WAS FAILED TO BE MADE AND I, I SEE AS, AS A PART OF THE, UH, THE CASE PLAN.
OR WAS THE AREAS OR THE PEOPLE WHO NEED TO BE NOTIFIED AROUND YOU, DID YOU NOTIFY EVERYONE? UH, YES.
UH, THE NOTICES GOING OUT PER THE, UH, LIST THAT'S PRODUCED THROUGH OUR GIS AND PROCESSING.
UH, I NOTICED THAT SAID 34 60 WAS OMITTED, UH, FROM THAT LIST.
IS THERE ANY REASON WHY? I'M NOT TOO SURE WHY THAT WOULD BE THE CASE, COMMISSIONER, IF THEY ARE WITHIN THAT, THAT RADIUS THERE, WHICH IS PROVIDED ON PAGE TWO DASH 14, IT LOOKS LIKE, OF THE CASE REPORT, AND DO WE HAVE A, ANY CRIME STATS FOR, FOR THAT AREA? I DO NOT BELIEVE ANY, AS THIS WAS A NEW SEP COMMISSIONER, I MIGHT HAVE FAILED TO PRODUCE THOSE CRIME STATS WITHIN THE REPORT.
UH, WE TYPICALLY DO THOSE FOR RENEWALS, BUT, UH, IT DOES NOT LOOK LIKE THEY WERE INCLUDED IN THE REPORT.
UH, CAN YOU, UH, PLEASE SEND THAT OVER TO US, BECAUSE I'M VERY FAMILIAR WITH THAT, THAT CORNER THERE.
UM, AND JUST FROM A HISTORICAL STANDPOINT, THERE'S ALWAYS, I MEAN, THERE'S BEEN SEVERAL ASSAULTS AND, AND MURDERS AND THAT LITTLE INTERSECTION AND SOME OF THE VIOLENCE HAVE BEEN AT THAT PARTICULAR SPOT.
SO I'M JUST WONDERING, UH, HAS THERE BEEN ANY ABATEMENT OR ANYTHING THAT'S GONE ON OVER THE LAST, UH, YEAR OR SO MM-HMM
TO MAKE THAT A NON CONCERN? SURE.
I THINK THERE A COUPLE, COUPLE POINTS TO THAT.
I THINK THAT'S A GOOD QUESTION FOR THE APPLICANT, PERHAPS LATER THIS AFTERNOON THAT SHOULD BE PRESENT.
UM, AND AS FAR AS THE CRIME STATISTICS, I CAN WORK WITH OUR, UM, CONTACT AT, AT PD TO GET THOSE, THOSE ARE SORT OF PRODUCED ACROSS DEPARTMENTS.
SO MIGHT TAKE A LITTLE BIT OF TIME, BUT JUST TO LET YOU KNOW.
AND JUST, UH, ONE MORE QUESTION, JUST BECAUSE I'M, I'M NEW.
IS THERE SUPPOSED TO BE, UH, WHAT IS THE, THE BARRIER REQUIREMENTS BETWEEN A BUILDING THAT'S SERVING ALCOHOL AND RESIDENCES, WHETHER IT'S SINGLE FAMILY AND MULTI-FAMILY? IT'S TYPICALLY A SPACING REQUIREMENT FOR, UM, CHURCHES.
UM, AND I BELIEVE IT'S DAYCARES.
I MIGHT HAVE TO LEAN ON ANOTHER MEMBER STAFF THAT ARE, THAT ARE THERE IN REGARDS TO SPACING FROM, FROM RESIDENTIAL PROPERTIES.
YES, THERE'S, THERE'S NOT ANYTHING SPECIFIC IN CODE.
UM, AS HE SAID, THE CHAPTER SIX OF OUR CODE, UH, SAYS YOU HAVE TO HAVE SPACE IN BETWEEN ALCOHOLIC BEVERAGE ESTABLISHMENTS IN VARIOUS, IN INSTITUTIONAL USES.
UH, THERE'S NOT, IN THAT CHAPTER, THERE'S NOT ANYTHING BUILT IN ABOUT RESIDENCES THEN THE ONLY REASON WE HAVE AN SUP HERE IS NOT BECAUSE OF ANY PROXIMITY IN THE ZONING CODE, IT'S BECAUSE OF THE OVERLAY THAT'S ON THERE.
SO IT'S AT THE DISCRETION OF THE DECISION MAKERS, THE CITY COUNCIL TO DECIDE IF IT'S CLOSE OR TOO FAR.
SO THERE'S NOT ANY SPECIFIC BUFFER.
DO YOU KNOW HOW FAR AND RIGHT BEHIND THAT BUILDING, THERE'S AN APARTMENT, THERE'S SEVERAL APARTMENT COMPLEXES IN THAT AREA.
UH, DO YOU KNOW HOW CLOSE, UM, I'M TRYING TO THINK OF THE, THE NAME OF 'EM, BUT WE REFER TO 'EM AS THE, THE GRAYS IN THAT AREA.
BUT THE, UM, WHAT IS THE PROXIMITY BETWEEN THAT BUILDING AND THE NEAREST, UH, APARTMENT COMPLEX? I DID NOT KNOW THAT OFF THE TOP OF MY HEAD.
I WOULD'VE TO DO A LITTLE BIT OF A DIGGING ON THAT.
NO FURTHER QUESTIONS FOR ME AT THIS TIME.
SO, UM, WHILE THIS HAS BEEN CONSIDERED A NEW SUP, THE UH, USE HAS BEEN OPERATING THERE SINCE 2011, IS THAT CORRECT? IT GOT RENEWED IN 2011, PRESUMABLY FOR A FIVE YEAR PERIOD.
THAT'S MY UNDERSTANDING OF THE LATEST RENEWAL, YES, COMMISSIONER.
SO THEY'VE BEEN OPERATING WITHOUT A AN SUP FOR THE LAST NINE YEARS.
THE BUSINESS THAT YOU, THE RETAIL USE WOULD BE PERMITTED BY, BY WRIGHT IS MY UNDERSTANDING IN THE CR DISTRICT COMMISSIONER.
SO THE SCP WOULD BE FOR THE ALCOHOLIC SALES.
[00:15:02]
THANK YOU.THANK YOU, COMMISSIONER FRANK, THAT SECOND ROUND, I DO HAVE AN ADDITIONAL QUESTION.
UH, DO YOU KNOW WHETHER THE OWNERS HAVE A, A TRESPASS AFFIDAVIT AT THAT LOCATION? I'M UNAWARE.
THAT'S PROBABLY A GOOD QUESTION FOR THE APPLICANT, BUT THIS AFTERNOON THANK YOU CHAIR COMMISSIONER HAMPTON.
UM, MR. CONNOR, TWO FOLLOW UP QUESTIONS.
UM, AND I HEARD YOU MENTION, UM, THAT THE SUP HAS BEEN EXPIRED.
ARE YOU AWARE IF THEY WERE SELLING ALCOHOL WITH THE EXPIRED SUP? I'M NOT AWARE OF THAT.
UM, TYPICALLY WHEN WE DO OUR SITE VISITS, IT'S USUALLY TO THE EXTERIOR, THINGS OF THAT NATURE.
UM, SO IT'S NOT SOMETHING THAT I PARTICULARLY INSPECTED INSIDE OF THE ESTABLISHMENT.
AND I THINK I ALSO SAW THAT THEY HAVE A C-STORE.
ARE THEY CURRENT ON THEIR LICENSE FOR THAT? THAT SHOULD BE THE CASE.
UH, WE TYPICALLY REQUIRE THOSE AS PART OF THE APPLICATION, AND I DON'T RECALL ANYTHING BEING FLAGGED FOR THAT.
UM, IT'S PROBABLY SOMETHING WE CAN ALSO ASK THE APPLICANT LATER THIS AFTERNOON.
YEAH, I, I DIDN'T SEE IT MENTIONED, AND WE USUALLY HAVE THAT, UM, INCLUDED IN OUR REPORT.
UM, WITH THE RESIDENTIAL ADJACENCY THAT, UM, COMMISSIONER FRANKLIN WAS ASKING ABOUT, WERE THERE ANY PRIOR CONDITIONS OR DID STAFF GIVE ANY CONSIDERATION TO EITHER SCREENING OR ENHANCED, UM, BUFFERING BETWEEN THE USE OF THE ADJACENT RESIDENTIAL? YEAH, THAT'S A GOOD QUESTION.
IT, TO MY UNDERSTANDING, THAT WAS NOT A CONDITION OF THE INITIAL APPROVAL, UM, AT LEAST NOT THROUGH MY REVIEW THAT I SAW IN, IN THE LISTED SUP CONDITIONS.
I DO BELIEVE THE APPLICANT WAS SEEKING TO REINSTATE THE PREVIOUS CONDITIONS, UM, AS PART OF, OF THIS NOT RENEWAL, BUT THIS NEW APP, THIS NEW APPLICATION FOR NEW SEP.
SO WHEN YOU REVIEWED IT, THAT WASN'T ANYTHING YOU THOUGHT SHOULD BE CONSIDERED? UH, NO MA'AM.
ANY OTHER QUESTIONS? OKAY, LET'S KEEP GOING.
UH, COMMISSIONER NIGHTINGALE HAS A CONFLICT, BUT, UH, SHE'LL ONLY STEP OUT IF WE NEED IT BRIEFED.
ANYONE LIKE THAT ONE BRIEFED? YES.
COMMISSIONER NIGHTINGALE IS STEPPING OUT OF THE CHAMBER.
SO I HAVE NUMBER THREE BRIEFED.
ALL RIGHT, IS THIS IS KC 2 34 DASH 3 3 6 LOCATED AT 1519 MAIN, UH, THE REQUEST IS AN APPLICATION FOR SPECIFIC USE PERMIT FOR COMMERCIAL AMUSEMENT INSIDE.
IT'S LOCATED AT THE NORTH LINE OF MAIN STREET, UH, EAST OF AKWARD.
THAT'S ABOUT A 2,500 SQUARE FOOT, UM, AREA.
UH, THERE IS SOME ZONING CONDITIONS FOR YOU.
THERE ARE QUITE A FEW, UH, SUBDISTRICTS, A, B, AND C WITHIN, UH, PLAN DEVELOPMENT SIX 19.
UH, THERE'S A PEDESTRIAN OVERLAY, A FEW DEMOLITION OVERLAYS AS IS COMMON, UH, WITHIN THAT AREA, THERE IS ALSO A PORTION OF AN ADDITIONAL SEP ON THE SITE THAT ALLOWS FOR THE OVERHEAD ATTACHED, PROJECTING A NON-PREMISE DISTRICT ACTIVITY VIDEO BOARD SIGN, NOT SPARE ANY WORDS.
I CAN SEE ITS LOCATION THERE LOCATED IN MAIN STREET.
AGAIN, LOOKING AT SURROUNDING USE IS PRETTY COMMENSURATE WITH WHAT YOU WOULD EXPECT DOWN ON MAIN.
UM, MIX OF, UH, MULTI-STORY, MISCELLANEOUS RETAIL, HOTEL, MULTI-FAMILY RESTAURANTS, THAT TYPE OF THING.
UH, TAKING A LOOK AT THE SITE, UH, LOOKING, UH, WEST DOWN MAIN.
AND THEN AT THE UNIT, UH, THEN LOOKING BACK UP MAIN STREET, UH, TAKING A LOOK AT THE SITE PLAN, 2,500 SQUARE FOOT BUILDING, UH, STAFF'S RECOMMENDATION IS APPROVAL FOR A FIVE-YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL FIVE-YEAR PERIODS.
AND THAT'S OF COURSE SUBJECT TO CONDITIONS AND A SITE PLAN.
QUESTIONS, COMMISSIONER CARPENTER? YES.
UM, MY CONCERN IS FOR THE STAFF RECOMMENDATION FOR FIVE AND FIVE WHEN THIS IS A NEW SUP.
AND WHEN THE, UH, YOU KNOW, THE SUP IS VERY BROAD.
IT JUST SAYS THE ONLY USE AUTHORIZED IS A COMMERCIAL AMUSEMENT INSIDE.
SO IT COULD BE ANY TYPE OF COMMERCIAL AMUSEMENT.
UM, CAN YOU, UH, GIVE SOME EXPLANATION AS TO WHY FOR A, AN UNSPECIFIED COMMERCIAL AMUSEMENT, THE RECOMMENDATION IS FIVE AND FIVE? MM-HMM.
CAN, CAN I JUMP IN REALLY QUICK? SURE.
I'LL SAY SO WHEN WE DON'T SPECIFY THE COMMERCIAL AMUSEMENT, IT'S NOT READ AS THAT WE'RE AUTHORIZING THE MORE SPECIFIED COMMERCIAL AMUSEMENTS WE HAVE.
DANCE HALLS ARE, ARE ONE OF THE SPECIFIED USES.
AMUSEMENT CENTERS ARE ONE OF THOSE.
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DON'T READ IT AS THAT WE'RE AUTHORIZING AND THAT WE WOULD NEED TO SPECIFY IF WE WANTED TO AUTHORIZE DANCE HALL.ONE OF THOSE USES, UH, WHAT THEY'RE PROPOSING IS EVENT BASED AND EVENT SPACE IS AT ONE OF THE UNSPECIFIED ONES.
SO WE HAVE TO DEFAULT TO THE BASE COMMERCIAL AMUSEMENT IF WE WANT TO AUTHORIZE IT.
SO ARE YOU SAYING THIS COULD ONLY BE ONE OF THE UNSPECIFIED COMMERCIAL AMUSEMENT INSIDE THAT'S, YES.
ARE THERE OTHER UNSPECIFIED COMMERCIAL AMUSEMENT INSIDES OTHER THAN EVENT SPACE? I DON'T KNOW IF WE WOULD SAY THAT THAT APPLIES.
I MEAN, IT'S KIND OF ON A, YOU KNOW, THESE USES ARE KIND OF, YOU GET INTERPRETATIONS ON THEM.
UH, THEY, BECAUSE THEY'RE SORT OF AMORPHOUS IN NATURE WHEN, WHEN THEY GET DOWN TO REVIEW.
SO THE COMMERCIAL AMUSEMENT COVERS YOU FOR CERTAIN THINGS.
EVENT SPACE IS DEFINITELY ONE OF THEM.
BUT BECAUSE THE CODE OFFERS FURTHER DEFINITION ON AMUSEMENT CENTER ON DANCE HALL, BINGO.
YEAH, EXACTLY, BECAUSE IT DOESN'T SPECIFY THOSE, WE'RE NOT AUTHORIZING THOSE DEFINITIONS, BUT THERE'S NOT A DEFINITION FOR ANYTHING MORE, UH, SPECIFIC OR CONCRETE THAN EVENT SPACE.
AND SO WE READ IT AS AUTHORIZING EVENT SPACE.
AND ALSO, UH, ANYTHING ELSE THAT FALLS CLOSE TO THE BASIC DEFINITION OF COMMERCIAL AMUSEMENT WITHOUT THE DEEPER DEFINITION.
THEN, GIVEN THAT THE ASSUMPTION IS THIS IS GOING TO BE AN EVENT CENTER, AND I CONFIRMED WITH MR. BALDWIN THAT THAT WAS THE INTENTION, UH, WAS IT NOT CONSIDERED APPROPRIATE TO PUT, UM, CONDITIONS ABOUT HOURS OF OPERATION OR PROHIBITIONS ON OUTSIDE MUSIC.
THINGS THAT WE CUSTOMARILY DO FOR EVENTS CENTERS, I THINK IN A DOWNTOWN ENVIRONMENT, STAFF WAS NOT PARTICULARLY CONCERNED ABOUT THAT.
ANY OTHER QUESTIONS? COMMISSIONERS? OKAY.
UH, WE WILL GO TO NUMBER FOUR.
WE NEED A BRIEF, UH, YES, MR. CHAIR.
OKAY, ITEM FOUR IS CASE Z 2 3 4 DASH 3 4 9.
IT'S A REQUEST FOR THE AMENDMENT RENEWAL SPECIFIC USE PERMIT.
UH, NUMBER 2 1 1 5 FOR AN OFFICE.
SHOWROOM WAREHOUSE THAT'S ON THE NORTH LINE OF RILEY CREST DRIVE, EAST OF ST.
IT'S ABOUT 0.82 ACRES OF THE SITE.
IT'S WITHIN SUBDISTRICT THREE PD, UH, 5 35.
THAT'S THE CF HAN SPECIAL PURPOSE DISTRICT.
THERE IS A A D ONE LIQUOR CONTROL OVERLAY AS WELL.
IT'S ABOUT A PROPERTY OFF OF CF HA IN THERE AS FAR AS, UH, ZONING MAP SURROUNDING USES, YOU KNOW, TYPICAL VEHICLE OUTSIDE STORAGE, UH, MISCELLANEOUS LIGHT INDUSTRIAL USES ALONG CF HA.
AND THEN, UH, R SEVEN FIVE, SINGLE FAMILY, UH, DEVELOPED NEIGHBORHOOD TO THE SOUTH ACROSS RILEY CREST.
TAKING A LOOK AT THE SITE, UH, LOOKING NORTH OFF RILEY CREST, SEE THAT PERIMETER FENCING BACK TO THE SITE ENTRANCE BACK AT THE, AT THE UNIT.
THERE ARE NO CHANGES FROM THE CURRENT, UH, SUP I'M WITH THAT STAFF'S, UH, RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL 10 YEAR PERIODS SUBJECT TO AMENDING CONDITIONS.
QUESTIONS, COMMISSIONER FRANKLIN? UH, THANK YOU MR. CHAIR.
UH, THERE ARE THERE RESIDENTIAL NEIGHBORHOOD TO THE SOUTH OF THAT BUILDING.
UH, DURING THE LAST FIVE YEAR PERIOD, WERE THERE ANY COMPLAINTS FROM THE RESIDENTS ON TRAFFIC, NOISE, WHATEVER IT MAY BE? UH, I'M UNAWARE OF ANY, UH, COMPLAINTS, COMMISSIONER, HAVE THEY REACHED OUT TO THE COMMUNITY, UH, REGARDING, UH, THIS, UH, THIS RENEWAL? THAT'S ANOTHER GOOD QUESTION.
I THINK THAT'D PROBABLY BE BEST ANSWERED BY THE APPLICANT LATER THIS AFTERNOON.
WELL, I'LL RESERVE ALL MY QUESTIONS FOR, UH, THE APPLICANT.
ANY OTHER QUESTIONS? COMMISSIONERS? OKAY, GO TO NUMBER FIVE.
ANY NUMBER FIVE BRIEFED? I JUST HAD A QUESTION PLEASE.
UM, AND IF OTHERS DO, I WE'RE CERTAINLY HAPPY TO HAVE A BRIEF, BUT MR. UM, ROBERTS, THANK YOU FOR INCLUDING THE CRIME STATS.
I THINK WHEN I'VE SEEN THOSE COME THROUGH IN THE PAST, IN OUR CASE REPORTS, THERE'S USUALLY A DAY AT A TIME ADDRESS, UM, OTHER INFORMATION THAT HELPS GIVE SOME MORE CONTEXT TO WHAT WE'RE LOOKING AT.
SO I'M REALLY NOT CLEAR, UM, WHAT THOSE CRIME STATS, UM, WERE GENERATED FROM.
COULD YOU HELP EXPLAIN THAT? SURE.
AND COMMISSIONER HAMPTON, THANK YOU FOR, FOR BRINGING THAT UP.
I KNOW YOU AND I DISCUSSED A LITTLE BIT, UM, OVER THE
[00:25:01]
PAST WEEK.THAT'S PROBABLY SOMETHING THAT I NEED TO MAKE SURE I'M ASKING PROPERLY ON MY CASES.
SO TYPICALLY WHAT WE DO IS WE ASK OUR FOLKS OVER IN PD TO PROVIDE CRIME STATS.
USUALLY WE'LL, WE'LL ASK FOR THE, THE TIME PERIOD IN REVERSE.
UM, SO WHETHER IT'S A FOUR YEAR OR FIVE YEAR PERIOD IN REVERSE FROM THE DATE, UM, TO, TO GET SORT OF A, OR SINCE THE PREVIOUS, UM, SEP WAS RENEWED AS SOMETHING TO THAT EFFECT.
UM, SO THAT, THAT'S WHAT I UNDERSTAND THE NUMBER TO BE THAT WAS PROVIDED IN THAT EXCEL FILE.
AND, AND IF THERE'S MORE INFORMATION, I'LL WORK TO MAKE SURE THAT WE'RE PROVIDING THAT AHEAD OF TIME BETTER IN THE FUTURE.
SO THE INFORMATION THAT YOU GOT THOUGH, AND AGAIN, I SEE CRIME STEPS WITH THE MY NEIGHBORHOOD ASSOCIATION, UM MM-HMM
THROUGH VARIOUS BODIES THAT I'M INVOLVED WITH.
UH, I'VE NEVER SEEN THEM THAT DOESN'T HAVE ALL THAT INFORMATION, SO MM-HMM
DID IT JUST NOT COME THROUGH TO YOU? NO, IT DOES.
IT COMES IN A BIG, JUST LITTLE PEEK BEHIND THE CURTAIN.
AND SO USUALLY WHAT WHAT WE'VE DONE IS I'VE TAKEN A LOOK AT A PREVIOUS REPORT AND GRABBED SORT OF THAT FORMATTING.
SO IT MIGHT JUST BE A LINGERING ISSUE OF, OF NOT GRABBING ALL THE INFORMATION THAT, THAT THE COMMISSION IS LOOKING FOR.
SO THAT'S CERTAINLY A, SOMETHING THAT WE CAN ASSIST IN CORRECTING AS WE MOVE FORWARD.
WELL, I'M HAVE, I'LL SEND YOU A SCREENSHOT.
I WENT AND PULLED THE PRIOR SUP RENEWAL JUST AS A REFERENCE POINT, AND I'LL SEND YOU WHAT THOSE CRIME STATS INDICATED.
AND ONE MORE, JUST FOR CLARIFICATION.
UM, THERE'S NO CHANGE TO EITHER SUP CONDITIONS, THE AREAS, UM, WHAT'S BEING UTILIZED BY THE, UM, BUSINESS THAT ARE REQUESTED AND THE SUP AREA SPECIFIC TO THE BAR RESTAURANT, WE CALL OUT THE DANCE FLOOR AREA, BUT THE LARGER AREA, THEY HAVE A FULL ROOFTOP THAT IS UNCHANGED FROM THE ORIGINAL REQUEST.
IS THAT CORRECT? THAT'S CORRECT.
ANY OTHER QUESTIONS ON THIS ITEM? 4, 5, 6, 7.
AT THI AT THIS POINT, THAT WILL BE THE FIRST CASE ON CONSENT SEVEN.
ANYBODY REQUEST A BRIEFING? OKAY, WE'LL GO TO EIGHT.
UM, COMMISSIONER, WE, SHE JUST, OKAY, BUT I DON'T KNOW IF SHE HAD DEEPER QUESTIONS.
SO THAT ONE, UH, NUMBER EIGHT I THINK IS JUST A, A MATTER OF JUST CHANGING THE TIME APPEARED FOR THE SUP.
SO ANY QUESTIONS ON THAT ONE? NUMBER EIGHT.
TAKES US TO NUMBER NUMBER NINE AND NUMBER NINE.
NUMBER NINE IS GONNA GET HELD.
IT'S GONNA BE HELD TO MARCH 6TH, IS THAT RIGHT? YES.
OKAY, SO WE'LL BRIEF IT THEN TAKES US TO 10, UM, 10 DOES NEED TO BE BRIEF BECAUSE STAFF IS GONNA, UM, IT'S GONNA HAVE SOME, SOME ADJUSTMENTS TO THE LANGUAGE.
SO WE, IF WE HAVE A MOTION FOR APPROVE, IT'LL BE PER, UH, STAFF.
UM, SO THIS IS THE GOLDEN RULE CHARTER SCHOOL.
AND JUST, UH, BEFORE I, YOU KNOW, MAKE YOU DIZZY WITH SLIDES, DO YOU WANT ME TO GO THROUGH THE SLIDES OR DO YOU WANT ME TO JUST BRIEF THE CHANGE THAT PLEASE? JUST THE CHANGE.
UM, SO THIS IS ITEM 10, UH, Z 2 3 4, 3 51.
IT'S AN APPLICATION FOR THE AMENDMENT AND RENEWAL OF SUP 1450 FOR AN OPEN ENROLLMENT CHARTER SCHOOL ON PROPERTY
[00:30:01]
ZONED R SEVEN FIVE A.UH, IT'S ON THE SOUTHWEST CORNER OF WEST ILLINOIS AND CHALMER STREET ON THE SOUTH LINE OF BAKER STREET AND ON THE NORTH LINE OF INGLE AVENUE.
UM, IT HAS A FEW FRONTAGES AND IT'S, IT'S KIND OF A ODDLY SHAPED PARCEL, BUT, UM, THE CHANGE IS THAT WE NEED TO, UH, LET'S SEE IF THAT'S ON THE NEXT SLIDE.
UM, WE NEED TO, THIS ITEM RIGHT HERE, ITEM FIVE CLASSROOMS. OH BOY.
UM, SINCE IT'S A CHARTER SCHOOL, UM, THE STATE CHANGED, UH, THE REGULATIONS, UM, BACK IN 2023 AND SAID CITIES CAN'T REGULATE CHARTER SCHOOLS ANY DIFFERENTLY THAN WE WOULD REGULATE, UM, PUBLIC SCHOOLS.
AND SO SINCE WE WOULDN'T, UH, LIMIT THE NUMBER OF CLASSROOMS OR A CAP ON ENROLLMENT FOR, YOU KNOW, THE ISES WE HAVE, WE ALSO CANNOT, UH, LIMIT THE NUMBER OF CLASSROOMS FOR CHARTER SCHOOLS.
SO THE, THE ONLY CHANGE IS THAT WE'RE, UH, WE NEED TO TAKE OUT THE CLASSROOM CAP ON THIS ONE.
COMMISSIONER CARPENTER, I HAVE A QUESTION ABOUT THE STAFF RECOMMENDATION FOR A FIVE YEAR RENEWAL AND FIVE YEAR AUTO RENEWAL.
UM, I REMEMBER BACK IN 20 20, 20 21, I DON'T KNOW WHO WAS HERE THEN.
THIS WAS A SCHOOL, WE HAD TREMENDOUS TRAFFIC MANAGEMENT ISSUES.
AND WHILE I UNDERSTAND THAT THEY HAVE IMPROVED, THERE'S ALSO CONSTRUCTION AND NEW BUILDINGS GOING UP.
UM, CAN YOU EXPLAIN WHY THE FIVE AND FIVE WAS CONSIDERED TO BE APPROPRIATE? UM, I'M NOT AWARE OF NEW BUILDINGS GOING UP, UM, ANY MORE THAN WHAT'S ON THERE.
UH, THE PREVIOUSLY APPROVED PLANS, UM, RIGHT, THERE'S NO, UM, THIS IS ALSO LORI'S CASE AND SHE'S HAVING CAR TROUBLE, SO I'M FILLING IN.
UM, BUT I CAN ASK MR. NAVAREZ THIS AFTERNOON BREAK.
YOU SURE, SURE, WE CAN DO THAT, BUT I'LL DO THAT.
UM, I WOULD SAY ON THE TIME LIMIT, UM, ALSO IN TO BE COMPLIANT WITH THE, UM, STATE REGULATIONS.
UM, WE'RE TRYING TO, UM, PROVIDE SOME RELIEF TO PUBLIC SCHOOLS AND THEREFORE NOW MUST BE CHARTER SCHOOLS AS WELL.
UM, AND SO SINCE THEY WERE, THEY WERE JUST BASICALLY ASKING FOR RENEWAL AND THEN WE WERE JUST DOING SOME CLEANUP OF THE SEP CONDITIONS, UM, THEY HAVE SOME PEDESTRIAN AMENITIES, UM, THAT THEY AGREED TO ADD UPON, UH, AN ACTIVITY OF REDEVELOPMENT OR AN ADDITION.
SO SINCE UM, THEY EXPRESSED A WILLINGNESS TO, YOU KNOW, IMPROVE THE, UH, PEDESTRIAN FACILITIES OF THE SITE, UM, WHENEVER THEY START TO REINVEST IN THE PROPERTY, UM, IN ADDITIONS THEN, UM, WE WERE, UM, JUST LIKE WE WOULD FOR A-D-I-S-D SCHOOL, WE WOULD RECOMMEND SOME FORM OF AUTOMATIC RENEWALS.
ANY OTHER QUESTIONS? COMMISSIONER HAMPTON? THANK YOU, MR. CHAIR.
SORRY, I WAS TRYING TO TOGGLE BETWEEN CASE REPORT, SO I, I DON'T HAVE A NUMBER TO REFERENCE AND I WAS TRYING TO CROSSCHECK, IS IT CORRECT MS. MAY THAT WE TYPICALLY, WELL HISTORICALLY PUBLIC SCHOOLS HAVE BEEN VIA PD VERSUS SUP, WE'RE STARTING TO TRANSITION INTO SUVS NOW.
UM, WE DO SOMETIMES INCLUDE THE CLASSROOM NUMBER.
AREN'T THOSE REGULARLY INCLUDED WITHIN THE, UM, TMP, THE TRAFFIC MANAGEMENT PLANS? BECAUSE IT'S HOW WE THINK ABOUT CIRCULATION SCALE VOLUME? YES, THAT'S A GREAT POINT.
WE DO TYPICALLY TALK ABOUT THE CLASSROOM SIZE AND HOW THAT AFFECTS TRAFFIC AND THINGS LIKE THAT WITHIN THE T AND P EXHIBIT, BUT NOT TYPICALLY IN THE SUP CONDITIONS.
SO SINCE I DON'T UP, AND I BELIEVE IT WAS THERE, THE TMV IS STILL REFERENCED AS A PART OF THE SUV CONDITIONS, IS THAT CORRECT? THAT IS CORRECT, YES.
ANY OTHER QUESTIONS ON THIS ITEM? WE'LL KEEP GOING.
OH, OH, WE'RE HOLDING NUMBER 11 TO WHAT DATE? OKAY.
'CAUSE WE'RE, UH, WATTING A COMMUNITY MEETING.
TAKES US TO NUMBER 12, WHICH I THINK IS STILL ON CONSENT.
[00:35:01]
13 UNLESS WE HAVE A REQUEST.DID WE GET CRIME STATS FOR THAT? LET'S SEE HERE.
UM, CRIME STATS ARE PENDING FOR 3 29.
LET'S DO A BRIEF BRIEFING THEN, PLEASE.
IT'S AN APPLICATION FOR RENEWAL OF EXISTING SP 2 3 9 2 FOR AN ALCOHOL ALCOHOLIC BEVERAGE ESTABLISHMENT.
UM, A BAR, LOUNGE OR TAVERN AND A COMMERCIAL AMUSEMENT, SORRY, LEMME JUST MOVE THIS OUT THE WAY.
COMMERCIAL AMUSEMENT INSIDE, UM, IT'S LOCATED IN THE SOUTH DALLAS FAIR PARK SPECIAL PURPOSE DISTRICT, AND, UM, LOCATED ON THE NORTHEAST CORNER OF HAM, JOHN BOULEVARD AND SOUTH BOULEVARD.
SO CURRENTLY IT'S, UM, AN EXISTING, UH, BAR, LOUNGE TAVERN, THE COWBOY LOUNGE.
AND, UM, AGAIN, IT SITS ON THAT CORNER OF THAT INTERSECTION.
WE'LL SEE THAT IN THE, UM, ON THE AERIAL MAP.
SO THE APPLICANT, APPLICANT IS REQUESTING A FIVE YEAR TIME PERIOD FOR THEIR RENEWAL WITH THE ELIGIBILITY FOR AUTO RENEWAL OF ADDITIONAL FIVE YEARS.
I'LL SKIP THAT, BUT THIS IS JUST A BACKGROUND SHOWING, UM, THEIR, THEIR RENEWALS OVER THE LAST 10 YEARS.
HERE'S THE AERIAL MAP AGAIN, RIGHT THERE.
THE SITE IS RIGHT THERE ON THAT CORNER, UH, ZONING MAP TO SHOW THE SURROUNDING USES.
SO, UH, IT IS SURROUNDED BY PD 5 95 TO THE SOUTH.
THERE'S, UM, INDUSTRIAL MANUFACTURING AND WAREHOUSE, UM, TO THE EAST.
MORE COMMERCIAL, UH, RETAIL USES.
UM, ANOTHER RESTAURANT, I THINK, I BELIEVE THERE'S A U-HAUL, UM, TWO OR THREE DOORS DOWN TO THE EAST, I'M SORRY, TO THE WEST IS, UM, UNDEVELOPED LOTS AS WELL AS TO THE NORTH.
UH, THIS IS ON PROPERTY LOOKING TOWARDS THE PROPERTY.
THIS IS ON THE, UM, CORNER OF THAT INTERSECTION.
THIS IS LOOKING, UM, ACROSS TO THE INDUSTRIAL, UM, ADJACENCIES.
THIS IS LOOKING UP THE, UM, UP THE ROAD HERE TO THE SOUTHEAST.
AND THIS IS LOOKING THE OTHER DIRECTION TO THE, UH, NORTHWEST.
UM, AGAIN, CRIME STATS PENDING.
WE HAVE REACHED OUT TO DPD, UM, JUST WAITING FOR THEM TO GET THOSE BACK TO US.
UM, THE USE HAS BEEN THERE IN EXISTING FOR ABOUT SEVEN YEARS.
THEY'VE BEEN IN GOOD STANDING AND STAFF RECOMMENDATION IS APPROVAL.
THANK YOU VERY MUCH FOR THE BRIEFING.
UM, TAKES US TO CASE NUMBER, WHERE ARE WE? IS IT 16? OKAY.
[00:40:02]
OKAY.THIS IS ITEM NUMBER 16, KZ 2 34 DASH 3 45.
IT'S AN APPLICATION FOR A CS COMMERCIAL SERVICE DISTRICT ON PROPERTY ZONE AND RR 10, A SINGLE FAMILY DISTRICT LOCATED ON THE EAST SIDE OF QUIET WOOD DRIVE BETWEEN FRONTAGE ROAD AND KINGSLAND ROAD.
THE, UH, PURPOSE OF THE REQUEST IS TO REZONE THE PROPERTY TO SEE US FOR, UH, COMMERCIAL RETAIL USES.
IT'S APPROXIMATELY 36,000 SQUARE FEET, SO CURRENTLY THAT LOT IS UNDEVELOPED.
THERE IS, UM, EXISTING VEGETATION, AND AGAIN, IT'S CURRENTLY ZONED R 10 A.
THE, UM, APPLICANT IS PROPOSING TO CONSTRUCT A SMALL STORAGE FACILITY FOR LANDSCAPING, UH, COMPANY EQUIPMENT, UM, SUCH AS MID-SIZE TRUCKS AND, UM, TRAILERS AND OTHER MACHINERY.
UH, THE MAX HEIGHT THAT THEY ARE PROPOSING IS 20 FEET.
UH, ONE CASE HAS BEEN, UH, IN THE IMMEDIATE AREA WITHIN THE LAST FIVE YEARS.
AND AGAIN, THIS IS JUST A GENERAL ZONING CHANGE REQUEST.
THIS IS THE AERIAL MAP SHOWING THAT UNDEVELOPED LOT.
AND THE APPLICANT IS, UM, HAS THE LOT TO THE NORTH, THE IMMEDIATE NORTH.
SO BASICALLY THEY ARE RUNNING THEIR BUSINESS AND THEN THEY JUST WANT TO GET THIS LOT PROPERLY ZONED SO THAT WAY THEY CAN HAVE THEIR STORAGE FACILITY TO KEEP THEIR MATERIALS AND EQUIPMENT.
SO THE NORTH IS, UH, COMMERCIAL RETAIL, UM, WITH D RESTRICTIONS, UH, TO THE EAST, SOUTH AND WEST ARE, UM, SINGLE FAMILY, UH, RESIDENTIAL USES.
HERE IS, UM, FEW SITE VISIT PHOTOS.
THIS IS ON QUIET WHEEL DRIVE LOOKING EAST.
UM, SAME LOCATION LOOKING SOUTH, SAME LOCATION LOOKING WEST, SAME LOCATION LOOKING NORTH.
UH, JUST A QUICK DEVELOPMENT STANDARDS COMPARISON.
SO AGAIN, THE APPLICANT IS REQUESTING CS, UM, JUST SO THAT THEY CAN, UM, DO THE COMMERCIAL USES THAT THEY'RE REQUESTING ON THE SITE.
UH, BRIEF ANALYSIS OF THE REQUEST.
SO, UM, STAFF DID, DID FIND THAT THE REQUEST FITS IN THE EXISTING NEIGHBORHOOD.
IT'S COMPATIBLE AND APPROPRIATE WITH THE USE THAT THE, UH, APPLICANT IS INTENDING.
UM, THERE WOULD BE, UM, RESIDENTIAL BUFFERS REQUIRED, UM, DUE TO THE, UH, RESIDENTIAL ADJACENCIES.
SO I KNOW WE HAVE SOME CONFUSION ON THIS, UH, LAST CPC, BUT BECAUSE THE APPLICANT IS LOOKING TO DO COMMERCIAL ON THIS PROPERTY, THEY WOULD BE REQUIRED TO DO RESIDENTIAL BUFFERS TO THE EAST AND SOUTH OF THEIR, UM, PROPERTY.
AND THERE IS EXISTING VEGETATION.
SO THE EXISTING VEGETATION, RE VEGETATION ON SITE WOULD COUNT TOWARDS THEIR, UM, RESIDENTIAL BUFFER.
AND THE PROPOSED NEED THAT IS, UM, INTENDED BY THE APPLICANT WOULD TECHNICALLY FALL UNDER CONTRACTOR'S MAINTENANCE YARD, WHICH IS, WHICH IS ALLOWED BY WRIGHT AND CS.
SO STAFF RECOMMENDATION IS APPROVAL.
QUESTIONS, COMMISSIONER FRANKLIN? UH, YES.
AND, AND TELL ME TO TELL ME IF THIS, THESE QUESTIONS SHOULD BE RESERVED FOR THE APPLICANT, BUT TO THE WEST OF THAT BUILDING.
UH, I THINK THAT ROAD IS, IS IT WHITEWOOD? YES, THAT'S CORRECT.
SO THAT APPEARS TO BE A VERY SMALL STREET.
IS IT A, UH, UH, TWO LANES THERE? YES, IT IS.
TWO, I MEAN, HAS THERE BEEN A, A TRAFFIC STUDY, UH, COMPLETED TO DETERMINE, YOU KNOW, WHAT THE IMPACT OF ADDITIONAL TRAFFIC IS GOING TO BE ON THAT SMALL STREET CONSIDERING, I MEAN, THERE'S, UH, RESIDENCE TO THE SOUTH AND PROPOSED, UH, RESIDENCE ORIGINATION NEIGHBORHOOD TO THE EAST? GOOD QUESTION.
UM, SO TRAFFIC MANAGEMENT HAS NOT BEEN DONE TO MY KNOWLEDGE, BUT I DO BELIEVE THE APPLICANT WOULD BE WILLING TO, UM, IF THAT'S SOMETHING THAT COMMISSIONERS OR, UM, ANYBODY ELSE'S WOULD REQUEST OF HIM IN ORDER TO, YOU KNOW, GET THE, GET THIS THING DONE THE RIGHT WAY.
UM, BUT TO CLARIFY, UH, HE'S, HE'S ONLY STORING, UM, ITEMS AND, AND EQUIPMENT THERE.
SO THERE WOULDN'T BE AN, ANY ADDITIONAL TRAFFIC ON HIS END.
LIKE HE WOULDN'T BE CREATING MORE TRAFFIC, IF THAT MAKES SENSE.
BUT THERE'S A, A FRONTAGE ROAD TO THE NORTH AND THAT LOOKS TO BE THE MAIN FRONTAGE ROAD THAT THE, MAYBE THE, THE RESIDENTS WOULD COME INTO.
SO THERE WOULD BE TRAFFIC COMING IN FROM, FROM HIS CURRENT BUSINESS AS WELL AS HIS PROPOSED NEW BUSINESS FOR WHATEVER.
I MEAN, IF IT'S, IF IT'S JUST STORAGE NOW, THAT'S ONE THING, BUT THERE'S STILL GONNA BE AN IMPACT OF MOVING,
[00:45:01]
YOU KNOW, VEHICLES, WHATEVER IT MAY BE TO THAT PARTICULAR AREA.ARE THERE ANY OTHER, UNLESS I'M MISSING IT, IS THERE ANY, ARE THERE ANY OTHER EXITS OR ENTRANCES BEYOND THE ONES ON QUIET ROAD? NO, JUST, UH, JUST QUIET WOOD DRIVE.
COMMISSIONER CARPENTER? YES, MR. CLINTON.
MY CONCERN IS ABOUT STAFF RECOMMENDATION TO APPROVE STRAIGHT CS ZONING.
I UNDERSTAND THAT YOUR REPORT AND WHAT YOU'RE SAYING IS THAT THE, THE OWNER OF THE PROPERTY TO THE NORTH INTENDS TO DO CERTAIN THINGS, BUT THOSE INTENTIONS ARE NOT CODIFIED HERE IN ANY WAY, SHAPE OR FORM, EITHER IN DEED RESTRICTIONS OR A PD IF HE'S OPERATING ON A PD TO THE NORTH.
WAS THERE ANY CONSIDERATION ON EXTENDING THE PD TO THIS? BECAUSE A STRAIGHT CS ZONING DOES NOT COMMIT THEM, EXCUSE ME, TO DO ANYTHING AT FROM THIS POINT FORWARD? IT COULD BE ANY SORT OF HEAVY EQUIPMENT.
IT COULD BE CEMENT MIXERS, IT COULD BE, YOU KNOW, OUTSIDE GRAVEL, FRONT END LOADERS.
IT COULD BE VERY, VERY INTRUSIVE USES.
IT'S NOT, CS IS NOT RETAIL, IT'S COMMERCIAL SERVICES.
AND THEY TEND TO GO VERY HEAVY EQUIPMENT AND TRUCKING, WHICH, UH, THE, THE REQUIRED LANDSCAPE BUFFERS AND THE CODE DO NOT MITIGATE THE EFFECTS OF THAT NOISE AND THE DUST AND ALL THAT.
SO COULD YOU ELABORATE A LITTLE BIT AS TO WHY STRAIGHT ZONING WAS THE RECOMMENDATION HERE? YES.
SO I CAN APPRECIATE THE CONCERNS.
UM, I DO UNDERSTAND THAT, UM, STRAIGHT ZONING IS A CONCERN OF YOURS.
AND WITH THE USES ALLOWED IN A CS, THEY COULD BE PRETTY INTENSIVE, BUT THIS IS, UM, A FIRST TIME OPERATOR.
SO STAFF WANTED TO GIVE THEM THE OPPORTUNITY TO START OFF ON THE GOOD FOOT IF, IF YOU WILL, UM, INSTEAD OF LIMITING THEM OR LOCKING THEM INTO CERTAIN THINGS LIKE D RESTRICTIONS.
ANOTHER THING IS THAT ALTHOUGH D RESTRICTIONS ARE A, UM, TOOL OR A METHOD OF OURS, THEY'RE NOT ALWAYS ABSOLUTELY NECESSARY.
SO AGAIN, IF THE APPLICANT IS INTENDING TO JUST DO A STORAGE FACILITY, LET'S TAKE THEM ON THEIR WORD, LET LET YOU KNOW, ALLOW THEM TO, UM, SHOW US THAT THEY ARE, YOU KNOW, A GOOD OPERATOR.
GIVE THEM THAT OPPORTUNITY AND GO WITH THE STRAIGHT CS ZONING.
SO, AND AGAIN, AGAIN, I CAN UNDERSTAND THE CONCERNS WITH THE MORE INTENSIVE USES.
UM, SOMEBODY COULD COME IN LATER AND DO WHATEVER THEY WANT DO THAT'S BY RIGHT.
BUT WE'RE NOT TALKING ABOUT LATER, WE'RE TALKING ABOUT THE USES THAT THE APPLICANT IS INTENDING RIGHT NOW AND ALL THAT HE'S INTENDING IS TO CREATE HIS STORAGE FACILITY FOR HIS CURRENT BUSINESS SO HE CAN STORE HIS EQUIPMENT.
WELL, THANK YOU FOR THE EXPLANATION.
BUT YOU KNOW, AS YOU ACKNOWLEDGED, I DO HAVE CONCERNS ABOUT THE LONG-TERM IMPLICATIONS OF CS ZONING OR THESE INCOMPATIBLE HEAVY COMMERCIAL AND INDUSTRIAL ZONINGS NEXT TO RESIDENTIAL.
'CAUSE, UM, YOU KNOW, NO ONE IS GOING TO REMEMBER, UH, DOWN THE ROAD WHAT WAS SAID HERE OR WHAT OUR INTENTIONS ARE OR THE APPLICANT'S INTENTIONS.
AND I DON'T WANT TO SACRIFICE THE LIVABILITY OF THAT ADJACENT NEIGHBORHOOD FOR, YOU KNOW, INTENTIONS THAT WHILE MAYBE GOOD, DON'T GET REALIZED, BUT THANK YOU.
ISN'T THAT CORRECT? OR WE'RE DOING QUESTIONS ON THAT, CORRECT.
UM, I UNDERSTAND THAT THE USE, THE PERMIT, THE USE THAT IS WANTING TODAY, BUT ZONING STAYS WITH THE LAND.
AND SO WHAT WAS IT? THE CONSIDERA THE CONSIDERATION WASN'T HERE AND LATER BECAUSE ZONING, BECAUSE WHATEVER HIS USE IS, IF IT, IF IN THE CS THERE'S ADDITIONAL USES AND, AND I THINK THAT'S WHAT, UH, COMMISSIONER, UM, CARPENTER WAS GETTING AT.
WE DON'T, WHY ARE WE NOT LOOKING AT THE TOTALITY OF THAT INSTEAD OF HERE AND NOW? BECAUSE ZONING IS ZONING.
THIS ISN'T A SUP, THIS ISN'T A, UM, SOMETHING THAT HE WOULD HAVE TO COME BACK TO US.
ONCE HE GETS THE ZONING, HE COULD DO WHATEVER.
AND, YOU KNOW, AGAIN, I CAN UNDERSTAND THE CONCERNS, BUT TO ME AND TO STAFF, THIS IS A PRETTY STRAIGHTFORWARD CASE.
THE APPLICANT JUST WANTS TO PUT A STORAGE FACILITY AND I, AGAIN, I KNOW WE'VE HAD SITUATIONS WHERE APPLICANTS COME IN AND SAY ONE THING AND DO ANOTHER, I GET THAT.
BUT WE CANNOT REALLY, I DON'T WANNA SAY IT LIKE THIS, BUT WE CAN'T TREAT EVERYONE THE SAME IF HE'S NOT BEEN GUILTY OF DOING SOMETHING OTHER THAN WHAT HE SAID HE WAS GONNA DO.
[00:50:01]
YOU, SIR.ANY OTHER QUESTIONS? COMMISSIONERS? YES.
COMMISSIONER FORESITE ON, ON THAT, UH, AERIAL VIEW THAT YOU HAVE, THE, THE PROPERTIES TO THE NORTH OF, UH, OF, OF THIS PROPERTY ALONG QUIET WOOD DRIVE, WHAT ARE, ARE THEY PART OF THAT PD SIX 19? OR ARE THEY ZONED FOR COMMERCIAL? NO, SO THE PROPERTIES IMMEDIATELY TO THE NORTH ARE NOT WITHIN A PD.
THOSE ARE STRAIGHT CR ZONED PROPERTIES.
OKAY, SO THOSE ARE BUSINESSES THAT'S CORRECT.
THE ONE, AGAIN, THE, THE SITE IMMEDIATELY TO THE NORTH OF THE SUBJECT SITE IS OWNED BY THE APPLICANT WHO, WHO CURRENTLY OPERATES HIS BUSINESS THERE.
AND, AND WHAT WILL BE THE, UH, THE BUFFER, YOU KNOW, BEHIND THIS PROPERTY? UH, FROM, FROM THE NEIGHBORS THAT ARE, UH, SOUTH AND EAST OF THIS? YES.
WHAT, WHAT WOULD BE THE BUFFER? HOW, HOW, HOW MANY FEET? SO THE MINIMUM REQUIREMENT IS A 10 FOOT BUFFER, AND THEY WOULD BE REQUIRED TO, UM, MEET THE, UH, EXPECTATIONS OF, UH, OF ARTICLE 10.
SO THAT MEANS THE SPECIFIC, UH, TREE SPECIES SPECIFIC, UH, SPACING, UM, THE SIZE OF THE TREES, ALL OF THAT WOULD HAVE TO BE, UM, MET.
SO 10 FOOT IS THE MINIMUM, SO THEY COULD DO MORE, BUT 10 FOOT, 10 FOOT WIDE BUFFER TO THE EAST AND TO THE SOUTH OF THE SITE ARE REQUIRED.
AND THAT'S, AGAIN, THE 10 FOOT IS THE MINIMUM.
AND I'LL ADD IN, THAT'S THE BUFFER FOR LANDSCAPING.
SO THAT HAS TO BE LANDSCAPED IN A CERTAIN WAY.
AND WITH THE COURT IT'S IN ARTICLE 10 AND THEN THE SETBACK IS 20, IN CASE YOU WERE SAYING SETBACK VERSUS BUFFER, BUT YEAH, THE SETBACK IS 20 ALONG THOSE BORDERS.
I, ANY OTHER QUESTIONS ON THIS ITEM? COMMISSIONERS, UH, COMMISSIONER HAMPTON, PLEASE.
UM, MR. CLINTON, ONE FOLLOW UP QUESTION ON THE DISCUSSION ON THE PROPERTY IN THE NORTH.
UM, YOU MENTIONED IT'S OWNED BY THE SAME APPLICANT IN OUR CASE REPORT AND IT WAS ON PAGE, UM, 1617.
IT LOOKS LIKE THAT LOT IS R 10, IS THAT CORRECT? OR IS THE, UM, GRID OR THE, UM, GRAPHIC DESIGNATION INCORRECT AND IT SHOULD BE SHOWN AS CS? ARE YOU? YEAH, THERE'S A GAP
YOU CAN SEE WHERE IT'S BLUE AND WHERE IT'S NOT.
AND ANYWAY, IT JUST, IT LOOKED LIKE IT WAS NOT CS DISTRICT.
SO EVERYTHING WITHIN THIS, YEAH, THAT'S THE PD ON THE RIGHT SIDE OF, OR EXCUSE ME, LEFT SIDE EVERYTHING UP THE PD WHERE IT'S GOT THE COMMERCIAL RETAIL, RIGHT? EVERYTHING TO THE NORTH IS, IS YES.
SO EVERYTHING IS STRAIGHT ZONE CR TO THE NORTH, TO THE IMMEDIATE NORTH, OKAY.
SO IF, IF IT DID SAY R 10, IT, IT, IT WAS PROBABLY A, A TYPO? YEAH.
IT, IT DIDN'T, IT WAS SIMPLY BLANK AND SO I COULDN'T TELL 'CAUSE AND AGAIN, THE AREA TO THE NORTH I THINK HAS ANOTHER OVERLAY ON IT AND THAT'S WHY THE GRAPHIC WAS NOT CLEAR WHEN I WAS LOOKING AT IT.
UM, I DID WANNA JUST MAKE SURE THAT I UNDERSTOOD CLEARLY.
I UNDERSTAND STAFF'S RECOMMENDATION AND YOUR THOUGHTS ON THIS OPERATOR.
UM, I THINK I'M TRYING TO UNDERSTAND THAT.
I THINK WE ALL UNDERSTAND WHAT, WHAT WE'RE BEING ASKED TO CONSIDER TODAY, BUT BECAUSE THE, THE USES ARE SO MUCH MORE INTENSE IN THIS DISTRICT.
YOU MENTIONED DEED RESTRICTIONS, BUT WERE THOSE REVIEWED WITH THE APPLICANT OR THOSE WERE NOT REVIEWED WITH THE APPLICANT AS ANYTHING THEY MAY WANNA CONSIDER? NO DEED RESTRICTIONS WERE NOT REVIEWED BECAUSE STAFF DID NOT FIND THEM NECESSARY FOR THIS CASE.
THANK YOU FOR THAT CLARIFICATION.
I HAD ONE OTHER QUESTION, PLEASE.
HAVE THERE, HAS THERE BEEN ANY, UH, WHAT HAS BEEN THE RESPONSE FROM THE, UH, PROPERTY OWNERS THAT WERE ON THE NOTIFICATION LIST? WE HAVEN'T RECEIVED ANY TO, TO MY KNOWLEDGE, WE HAVEN'T RECEIVED SUPPORT OR OPPOSITION FOR THIS.
OKAY, COMMISSIONER, LET'S KEEP MOVING.
UH, CASE NUMBER 17 OFF CONSENT HELD UNDER ADVISEMENT TO MARCH 6TH.
WE'LL BRIEF IT THEN GONNA HOLD 1818.
WE'RE JUST GONNA GET HELD TO, YOU HAVE THE DATE.
UH, THE 20, MARCH 6TH IS THE ONE AFTER, LEMME SEE.
[00:55:01]
IT THEN.18 IS MARCH 6TH, 19 ALSO HELD UNDER, UNDER ADVISEMENT TO THE SIXTH.
WE'LL BRIEF IT THEN 20 CAME OFF.
DO WE NEED A BRIEFED? YEP, THAT'S BRIEF NUMBER 20.
THIS IS ITEM 20, CASE Z 2 34 DASH UH, 3 43.
AN APPLICATION FOR TERMINATION OF DEED RESTRICTIONS.
Z 0 2 3 DASH 1 63 AND Z 8 1 12 DASH 1 39 ON PROPERTY ZONE IN MU THREE MIXED USE DISTRICT WITH DEED RESTRICTIONS.
UH, THE AFOREMENTIONED ON THE NORTH LINE OF LBJ FREEWAY EAST OF COY ROAD, APPROXIMATELY 4.47 ACRES IN SIZE.
UH, HERE WE SEE IT IN THE NORTHERN SECTION OF THE CITY.
AND HERE'S THE AERIAL MAP SHOWING THE SUBJECT SITE.
UH, AS YOU CAN SEE, IT'S AN OFFICE DEVELOPMENT THAT HAS TWO OFFICE BUILDINGS AND A LARGE PARKING GARAGE.
UH, THE AREA OF REQUESTS AND THESE DEED RESTRICTIONS IN PARTICULAR ONLY APPLY TO THE AREA SHOWN HERE, UH, NOT TO THE OTHER OFFICE BUILDING, WHICH IS ON A SEPARATE LOT.
UH, THE SURROUNDING ZONING, IT'S A LITTLE CLUTTERED ON THIS MAP, BUT YOU CAN SEE THAT THERE'S A FAIR MIX OF MU THREE AND MU ONE, UH, AS WELL AS MULTIFAMILY DISTRICTS.
SOME RETAIL AND PERSONAL SERVICE TYPE DISTRICTS WITH CR NOAL OH ONE.
UH, THERE'S MULTIFAMILY THROUGHOUT THE AREA AS WELL AS OFFICES, A HOTEL.
AND, UH, YEAH, THE PARKING GARAGE, THE DEED RESTRICTIONS ARE PROPOSED TO BE TERMINATED.
THEY PROHIBIT DEVELOPMENT OF MULTIFAMILY AND THEY LIMIT THE TOTAL FLOOR AREA.
THE APPLICANT DOES WISH TO DEVELOP MULTIFAMILY AND AS SUCH, THEY'RE REQUESTING THE TERMINATION OF THESE TWO DEED RESTRICTIONS.
UH, HERE'S SOME PHOTOS OF THE SUBJECT SITE.
THIS IS ON LBJ FREEWAY LOOKING NORTH AND TO THE NORTH, NORTHEAST OR NORTHWEST, SORRY, LOOKING WEST SOUTH, THEN LOOKING NORTH, NORTHEAST, UH, IN THE FOREGROUND IS THE, THE SUBJECT SITE TOWER.
AND THEN IN THE BACKGROUND IS THE OTHER TOWER THAT'S NOT PART OF THIS REQUEST.
LOOKING EAST TO THE NORTHEAST, NORTH NORTHWEST.
AND THERE'S THAT PARKING GARAGE LOOKING SOUTH, SOUTHEAST, EAST, NORTHEAST, LOOKING NORTH AWAY FROM THE SITE TOWARDS, UH, SOME OF THOSE, UH, OFFICES OVER ON THE NORTH OF THE SITE.
THEN LOOKING SOUTHEAST TOWARDS THE SITE.
OUR ANALYSIS FINDS THAT AGAIN, AS MENTIONED IS A MIX OF OFFICES, RETAIL AND MULTIFAMILY.
IT IS SERVED BY ACCESS TO VARIOUS AMENITIES AND SERVICES ALONG THE LBJA CORRIDOR AND COY ROAD CORRIDOR.
UH, IT IS SERVED BY A MAJOR THOROUGHFARE END IN THE INTERSTATE AND MULTIFAMILY WOULD BE APPROPRIATE IN THIS AREA.
AS SUCH, STAFF STAFF'S RECOMMENDATION IS APPROVAL.
UM, JUST CONFIRMING THE APPLICANT DOES OWN THE PARKING GARAGE? YES.
AND DO YOU KNOW WHEN NOTIFICATIONS WENT OUT ON THIS? I MEANT TO PULL THAT UP EARLIER, BUT THE NOTIFICATIONS WOULD'VE GONE OUT.
ONE MOMENT WHILE MY PDF PULLS UP, UH, NOTIFICATIONS FOR THIS MEETING WOULD'VE GONE OUT ON THE 24TH OF JANUARY 24TH.
AND THEN HAVE YOU HEARD ANY SUPPORT OPPOSITION ON THIS PARTICULAR CASE? UH, I HAVE RECEIVED INQUIRIES FROM THE, FROM THE PROPERTY OWNER OF THE ADJACENT OFFICE BUILDING.
UH, ONE WAS JUST AN INQUIRY ABOUT THE, THE NATURE OF THE REQUEST OVERALL.
UH, THE OTHER APPEARED TO BE SOME CONCERN REGARDING THEIR AGREEMENT TO USE THE PARKING GARAGE.
UH, IT IS SHARED BETWEEN THE OWNER OF THE SUBJECT SITE AND THE ADJACENT SITE.
UH, THAT BEING SAID, THAT IS A SORT OF A PRIVATE CIVIL MATTER AND NOT PART OF THE LAND USE ANALYSIS.
COMMISSIONER HOUSEWRIGHT, I THINK YOU JUST ANSWERED MY QUESTION, MR. BATE, BUT THE, THE APPLICANT WILL BE RESPONSIBLE FOR LIVING UP TO HIS AGREEMENT WITH THE NEXT DOOR OFFICE BUILDING IN WHATEVER HIS NEW DEVELOPMENT IS.
WE'LL HAVE TO PROVIDE THAT PARKING PRESUMABLY, BUT THAT'S JUST NOT OUR CONCERN AT THE HORSESHOE THIS AFTERNOON.
THAT IS NOT OUR CONCERN PER SE.
UM, WHATEVER AGREEMENT DOES EXIST BETWEEN THEM, IT'S AGAIN A PRIVATE CIVIL MATTER.
[01:00:01]
THANK YOU.ANY OTHER QUESTIONS ON THIS ONE? COMMISSIONERS? OKAY, WE'LL GO TO NUMBER 21.
DO WE NEED 21 BRIEFED? ANYONE NEED 21 BRIEFED? OKAY.
THIS IS Z 2 2 3 1 13 AND IT IS LOCATED SOUTHEAST, MOST PART OF THE CITY.
AND IT'S AN APPLICATION FOR AN AMENDMENT TO SPECIFIC USE PERMIT NUMBER 7 98 FOR MINING OF SAND AND GRAVEL USE ON PROPERTY ZONED IN A A AGRICULTURAL DISTRICT ON THE SOUTHWEST LINE OF CLAYBROOK ROAD BETWEEN US 1 75 FRONTAGE ROAD AND JORDAN VALLEY ROAD.
SO THE PURPOSE OF THIS REQUEST IS TO AMEND, IS TO AMEND THE SUP TO MAINTAIN THE STATUS OF THE SITE AS A DETENTION LAKE, UH, BECAUSE OF THE EXISTING SUP CONDITIONS THAT REQUIRE CONTINUAL BACK FILLING OF THE SITE.
HERE'S THE SITE AS IT EXISTS TODAY.
HERE'S THE ZONING MAP AND THE SUP EXTENT AND THE ZONING AND SURROUNDING ZONING.
IT DOES HAVE THAT PERMANENT TIME PERIOD RIGHT NOW.
UM, IT WAS ORIGINALLY APPROVED IN 1980 WITHOUT THAT TIME LIMIT.
CURRENTLY USED AS ATTENTION LAKE.
IT WAS PREVIOUSLY USED TO MINE SAND AND GRAVEL FOR THE ADJACENT LANDFILL.
THEY CLOSED THEIR PERMIT TO WASTE, UH, TO LANDFILL WASTE IN 2002 UNDER THE, THE, UH, TCEQ PERMIT 5 56.
HERE'S THE DEFINITION OF MINING FOR ANYONE'S ENJOYMENT.
UH, BUT IT'S THE EXTRACTION REMOVAL OR STOCKPILING BY EARTH MATERIALS INCLUDING SOIL, SANDING, GRAVEL, OIL, OR OTHER MATERIALS FOUND IN THE EARTH.
UH, THEN WE HAVE SOME EXCEPTIONS TO THAT, BUT IT'S LIKELY NOT ONE OF THOSE EXCEPTIONS.
IT'S A ATYPICAL CASE, UM, ASSIGNED A FEW YEARS AGO IS WHY IT'S TAKEN A A WHILE.
UH, BUT IN PART IT'S BECAUSE IT'S BEEN REVIEWED BY OFFICE OF ENVIRONMENTAL QUALITY AND SUSTAINABILITY, OUR DWU TEAM AND FLOODPLAIN MANAGEMENT CODE COMPLIANCE AND PAVING AND DRAINING ENGINEERING, UM, AS PART OF OUR, UH, PUBLIC WORKS.
SO THO THOSE AGENCIES, UH, DID NOT FIND ANY OBJECTION TO ALLOWING THE DETENTION AREA TO REMAIN AS IS.
UM, THE AMENDMENT OF THE SUP IS NECESSARY TO MAINTAIN THE SITE AS IT IS A TERMINATION OF THE SUP WOULD REQUIRE THAT THE SITE IS BROUGHT BACK TO GRADED STATE.
SO WE DID, WE DID TALK ABOUT A, COULD WE JUST TERMINATE THE SUP AND, AND LET IT REMAIN AS IS, UH, BECAUSE THAT'S IN THE CONDITIONS, UH, IT WOULD BE INTERPRETED THAT THEY'D HAVE TO REGRADE IT BACK TO TO NORMAL.
AND EXISTING LAKE IS ALSO EXISTS WITHIN SUP 7 99, 7 99.
SO FOR WHATEVER REASON, THE, THE LAKE IS SPLIT INTO TWO SUVS.
THAT IS NOT INCLUDED, UH, AT THIS TIME BECAUSE SSUP 7 99 ALSO HAS A, UH, A NEIGHBORING PARCEL, UH, FURTHER DOWN THE ROAD THAT IS ALSO PART OF 70 99.
AND THAT WOULD BE A UNDER DIFFERENT OWNERSHIP AND WOULD TAKE A LITTLE MORE, UH, I GUESS YOU COULD SAY BACKGROUND TO GET THAT ONE PROCESSED.
UH, I THINK THEY WANTED TO TRY THIS ONE, UM, AS IT IS NOW BEFORE THEY GO THROUGH THAT PROCESS.
SO THAT'S WHY WE ONLY HAVE 7 98 IN FRONT OF US.
SO THAT'S ENOUGH BACKGROUND MAYBE.
SO HERE IT IS DOWN ON ITS CLAYBROOK ROAD, THAT'S, THAT'S JOR UH, TURNING THE CORNER ON JORDAN VALLEY, LOOKING NORTH ACROSS THE LAKE.
I THINK YOU CAN KIND OF SEE SOMETHING THAT EXISTS.
SO THE TRINITY LANDFILL AND THEN WE LOOK SOUTHWEST ON JORDAN VALLEY LOOKING ACROSS JORDAN VALLEY.
AND THAT'S KIND OF DOWN, YOU CAN SEE THE LAKE ON THE RIGHT AGRICULTURAL USES TO THE SOUTH, THE RESIDENTIAL WAY FURTHER EAST.
[01:05:01]
UM, AND THEN BACK NORTH IS THE BEST SHOT YOU CAN, BEST SHOT YOU CAN SEE OF THE ACTUAL SUP UM, FROMBERG.CAN'T REALLY SEE MUCH OF IT EVEN IN WINTER HERE, AND THEN LOOK AT NORTH AT SOME OF THE NEIGHBORHOOD FURTHER, FURTHER UP BURG.
BUT EVERYTHING IS PRETTY, PRETTY SPREAD OUT OVER HERE.
UH, THERE'S THE SUP SITE PLAN, THE ORIGINAL SUCP SITE PLAN, WHICH IS OBVIOUSLY JUST BEARINGS.
UM, AND THE SUP NUMBER AND THE USE AT LOCATIONS VERSUS THE STREET UPDATES TO THE SITE PLAN WOULD INCLUDE THE, UH, GRADE AS IT EXISTS TODAY.
AND, UM, IT REFERENCES THE WATER FLOW.
THAT WAS HELPFUL FOR SOME OF OUR TEAMS THAT DO THIS.
AND I MEAN, I'LL, I'LL SAY ALMOST NONE OF THIS IS TYPICAL PART OF A ZONING CASE.
THIS IS A ATYPICAL KIND OF APPROVAL.
BUT WE DID WANNA DO OUR DUE DILIGENCE TO HAVE THE ANSWERS TO QUESTIONS AND, AND FEEL COMFORTABLE WITH THOSE, UH, PARTNER AGENCIES.
SO THAT'S A SITE PLAN AS IT EXISTS TODAY.
THEY DO HAVE TO, YOU'LL, YOU'LL SEE IN THE CONDITIONS, THEY HAVE TO MAINTAIN THE GRADE AS IT IS, WHICH MEANS THEY HAVE TO MAINTAIN IT KIND OF AS A LAKE AS IT IS.
SO THE ONLY USE IS SAND AND GRAVEL.
UM, SOME OF THESE HIGHLIGHTS ARE ACTUALLY NOT NECESSARILY CHANGED THE CONDITIONS, BUT UPDATES TO BRING IT INTO THE MODERN ERA OF WHAT WE DO WITH SUVS.
UM, THE HOURS OF OPERATION WAS JUST MOVED AND THAT WOULD BE FOR MINING ACTIVITY.
BUT WHEN WE GET DOWN TO CONDITIONS, JUST TO PUT A LITTLE BIT MORE, UM, MORE PROTECTION ON THERE, THEY CHANGED SOME OF THE LANGUAGE IN REGARDS TO DUST SUPPRESSION.
UM, AT THE, EXCUSE ME, AT THE SUGGESTION OF OUR PAVING DRAINAGE APARTMENT.
UM, THEY DO HAVE TO REMOVE THE BACKFILL CONDITION TO MAINTAIN THE SITE AS IS.
THEN YEAH, THEY MOVE THE MINING OPERATIONS.
AND THERE WE INCLUDED A CONDITION JUST AS A SAFETY MEASURE.
IT'S NOT PART OF THE PLAN IN ANY MEANS TO REDEVELOP THE SITE, BUT WE DID ADD A CONDITION THAT SAYS IF THERE WERE TO BE FUTURE DEVELOPMENT, IT HAS TO GO THROUGH EVERYTHING HIGH HYDRAULIC HYDROLOGIC, UM, TO, UM, TO UNDERGO.
AND I, I WOULD SAY THAT'S ALREADY THERE.
UH, BUT IT'S A LITTLE BIT FURTHER, UM, JUSTIFICATION IN CASE THEY NEED TO DO ANYTHING THAT'S WITHIN THE BOUNDS OF THE SEOP.
AND THEN THE KEY CONDITION BEING IF MINING OPERATIONS ARE NOT TAKING PLACE IN THE PROPERTY PACK, FILLING THE PROPERTY IS NOT REQUIRED AS LONG AS PROPERTY'S IN ITS CURRENT CONDITION BASED ON THE SITE PLAN DATE OF 2025.
SO WE HAVE OUR SITE PLAN WITH THE GRADE OF TODAY, THEY'RE REQUIRED TO KEEP TO THAT.
UM, OR ELSE THEY'D HAVE TO BE BACK FILLING.
UM, YOU KNOW, AS PART OF IF THEY, SO IF THEY WANTED TO DO FURTHER MINING OPERATIONS, THEY'D HAVE TO GO BACK TO THE BACK FILLING AND NOT MAINTAIN THE SITE PLAN AS OF TODAY.
SO WE ALSO HAVE, WE ADDED IN THE TYPICAL SIX AND SEVEN CONDITIONS.
'CAUSE THEY WEREN'T IN THE ORIGINAL APPROVAL, UM, CONSISTENCY REVIEW AS TO THE EXISTING PLAN THAT'S IN THE AREA.
SO THEY HAVE THAT CLAY WEST CLAYBURN COMMUNITY PLAN.
UH, POLICY ONE TWO IS RETAINING THE ROLE OF CHARACTER.
UH, WE DO HOPE IT SUPPORTS THAT THROUGH MAINTAINING THE EXISTING, UH, WHAT'S BECOME A NATURAL SPACE, A RECLAIMED SPACE, AS WELL AS OPEN SPACE.
UH, THE PLAN TALKS ABOUT THE POTENTIAL FOR, UH, TURNING THE LANDFILL AREA INTO A PARK.
UH, THIS DOESN'T ACCOMPLISH THAT.
I NO ASPERSION THAT IT DOES, BUT IT IS PART OF MAYBE A STEP ON THE WAY AS THEY TO, UH, MAINTAIN THIS, THE LAKE AS IT IS, MAY OPEN UP OUR OPPORTUNITIES TO DO THAT OTHERWISE.
SO THOSE ARE TWO THINGS IN THE PLAN IDENTIFIED.
SO BASED ON THAT STAFF'S RECOMMENDATION IS APPROVAL SUBJECT TO A SITE, AMENDED SITE PLAN.
AND IT SHOULD BE AMENDED CONDITIONS.
QUESTIONS? COMMISSIONER FRANKLIN, THANK YOU FOR THEIR PRESENTATION.
UM, AND THIS CASE HAS IMPLICATIONS ON THE ENVIRONMENT AND HEALTH AND SAFETY, AND I WANNA ASK A FEW QUESTIONS TO HELP SIMPLIFY IT FOR, FOR ME.
UH, SO CURRENTLY WHAT HAS BEEN DONE ON THIS SITE? NOTHING
IT EXISTS AS IT AS IT LOOKS, UH, IT'S MAINTAINED AS IT IS IN THE AREA FOR MULTIPLE YEARS.
SO THERE A, THERE ARE AG ZONING RIGHTS OF COURSE, AND THEN ON TOP OF THAT, THERE'S THE SUP THAT ALLOWS THE MINING, YOU KNOW, GRAVEL PET.
UM, BUT THAT SUP THAT WAS NOT NECESSARILY
[01:10:01]
FULFILLED OVER THE YEARS.AND NOW THAT WE, AND THEY HAVEN'T CARRIED, THEY HAVEN'T BEEN MINING.
I THE APPLICANT COULD MENTION, UH, THEY MIGHT BE ABLE TO ANSWER WHEN THEY STOPPED MINING, BUT IT'S BEEN SEVERAL YEARS SINCE THEY'VE BEEN DOING THAT.
IT JUST COLLECTS WATER AND ACTS AS DRAINAGE AND NATURAL SPACE RIGHT NOW.
NOW WHAT ARE THE FUTURE PLANS FOR THIS SITE? THEY, AS THE APPLICANT STATED, FUTURE PLAN DOESN'T MAINTAIN IT AS IT IS.
AND THIS SUP CHANGE IS NECESSARY TO ALLOW IT TO REMAIN AS IT IS.
SO WHAT'S THE ISSUE THAT WE'RE TRYING TO SOLVE WITH THIS SUP? THE SUP CALLS FOR THE SUP CALLS FOR IT TO BE BACKFILLED OVER TIME AND TO GET IT, GET THE PROPERTY RIGHT, THEY HAVE TO MAKE SURE THEY'RE COMPLIANT WITH THEIR SUP CONDITIONS.
AND IF THEIR SUP CONDITIONS CURRENTLY SAY THEY'RE SUPPOSED TO BACKFILL AS THEY, AS THEY MINE, YOU KNOW, ADD BACKFILL UP TO GRADE, THAT'S NOT OCCURRED IN THE PAST.
BUT TO GET THE PROPERTY RIGHT, THEY HAVE TO EITHER FILL THE WHOLE SIGN WOOD DIRT, WHICH OUR ENVIRONMENTAL DEPARTMENT WOULD, NO, EXCUSE ME, IDENTIFY WOULD, THAT IN ITSELF WOULD HAVE MAJOR IMPLICATIONS FOR, UH, WHAT'S THE WORD I'M LOOKING FOR? ENVIRONMENTAL THINGS AND STORMWATER, DRAINAGE AND HABITAT OR AMEND THE SUP TO SAY YOU DON'T HAVE TO BACKFILL IT AND LET IT STAY AS IT IS AS A LAKE.
SO THAT'S WHY WE HAVE A CHANGE IN FRONT OF US.
AND THIS LAKE, UH, WASN'T, THIS IS A, A, FOR LACK OF A BETTER WORD, A A MANMADE LAKE.
THIS IS A LAKE BY HAPPENSTANCE.
IT IT IS, IT WAS A HOLE IN THE GROUND.
LIKE A, LIKE A QUARRY OR A GRAVEL PET.
IT'S SINCE FILLED WITH WATER AND IT APPEARS TO BE NATURAL WHEN YOU'RE OUT THERE.
SO THERE'S NO GUARANTEE THAT WATER WILL STILL BE THERE 10 YEARS FROM NOW, IT SOUNDS LIKE.
AND, AND WHAT STORM WATER HAS TOLD US IN ENVIRONMENTAL IS IT STAYS FILLED MOST OF THE YEAR.
UM, BECAUSE OF THE SIZE OF IT, IT'S, IT ACTUALLY CATCHES DRAINAGE FOR A VERY LARGE AREA.
UH, OUR STORM WATER SAYS THAT IT LIKELY HAS A POSITIVE IMPACT ON OUR DRAINAGE DOWNSTREAM.
UM, AND IT COLLECTS WATER THERE.
SO MOST OF THE YEAR IT, IT APPEARS THAT IT DOES HAVE WATER IN IT BECAUSE OF NATURAL RAINFALL AND, AND, AND DRAINAGE FROM UP RIVER UPSTREAM, THE BOTTOM, LIKE WHAT'S, WHAT ARE THE ENVIRONMENTAL IMPACTS OF THE, THE LAKE BED THAT THE SEDIMENT AND THE SOIL UNDERNEATH, UH, THE LAKE? YEAH, NO, GOOD QUESTION.
LIKELY ITS NATURAL STONE AND EARTH DOWN THERE.
UH, OUR ENVIRONMENTAL DEPARTMENT DIDN'T HAVE CONCERNS ABOUT SEEPING, UM, ANYTHING LIKE THAT.
WE KNOW IT'S NEXT TO A LANDFILL.
THEY WERE, AFTER A LONG AMOUNT OF REVIEW, CONFIDENT IN THE STATUS OF THE LANDFILL TO SIDE OF IT, AND DIDN'T HAVE SEEPAGE CONCERNS OR GROUNDWATER CONCERNS FROM THE LANDFILL, UH, DUE TO THE NATURE OF ITS TCEQ PERMIT.
AND THEN ON THIS SITE, THEIR ASSESSMENT, WOULD IT BE NATURAL OR EARTH AND, AND STONE UNDERNEATH AND, AND WOULD NOT HAVE A NEGATIVE IMPACT REMAINING, UH, IN THE WAY IT, IT'S, AND THANKS FOR BRINGING UP THE LANDFILL.
I DON'T THINK I QUITE APPRECIATED THAT COMPONENT.
UH, TO IT, DOING YOUR PRESENTATION.
SO WHAT IS THE, THE, THE PROXIMITY OF THE LANDFILL NEAR THIS LAKE? IT'S THE BIG OPEN SPACE, GRASSY HILL TO THE WEST.
SO THEY'RE RIGHT NEXT TO EACH OTHER.
AND LONG STORY SHORT, THEY USED TO DIG SAND AND GRAVEL FROM HERE, DRIVE IT UP ONTO THE LANDFILL TO BURY AND COVER THAT, WHICH IS STANDARD, PRETTY STANDARD LANDFILL OPERATIONS.
I FORGOT TO ADD A PARTY THAT WE ALSO TALKED TO OUR SOLID WASTE AND SANITATION DEPARTMENT TO SEE IF, UH, THIS, THIS LANDFILL IS, YOU KNOW, THIS IS NOT A CITY OF DALLAS LANDFILL.
IT'S ACTUALLY CITY OF MESQUITE, UH, MANAGED BY A PRIVATE COMPANY.
UH, BUT IT BASED ON TALKING WITH SANITATION, JUST TO KIND OF COMPARE, IT'S BASICALLY MAINTAINED IN A SIMILAR WAY TO THE, AS THEY WOULD A, UM, CITY LANDFILL.
AND THEN THEY, THEIR PERMIT FOR THE LANDFILL WAS, UM, IN GOOD STANDING, UH, WITH THE TCEQ CLOSED OUT.
THEY CAN'T PUT MORE, UH, THEY CAN'T PUT MORE GARBAGE IN THIS LANDFILL 'CAUSE THE PERMIT HAS BEEN CLOSED OUT FOR 20 PLUS YEARS.
TCEQ LANDFILL PERMITS REMAIN OPEN FOR SEVERAL YEARS AFTERWARDS IN ORDER, BECAUSE PART OF IT IS MONITORING, A GREAT PART OF IT IS MONITORING, AND THAT LANDFILL IS STILL UNDER STATE MONITORING AND HAS BEEN IN GOOD STANDING WITH THE STATE, WHICH GAVE OUR ENVIRONMENTAL DEPARTMENT THE CONFIDENCE TO SAY, WELL, THERE'S LIKELY NO ISSUE OF THEM REMAINING SIDE BY SIDE.
WELL, THEY HAVE LINERS AND THINGS LIKE THAT IN THERE, SO THEY ARE RIGHT NEXT
[01:15:01]
TO EACH OTHER.BUT OUR OEQS WITH, WITH ALL THAT BACK BACKGROUND TIME OF THREE YEARS HAS FOUND THAT THERE'S LIKELY NOT AN IMPACT BETWEEN THOSE TWO.
NOW I THINK I'M BETTER ORIENTED.
SO WE HAVE A LANDFILL OVER TO THE WEST THAT'S OWNED BY MESQUITE.
AND THIS IS A, A PRIVATE LANDFILL, IS THAT CORRECT STATEMENT? IT'S REPUBLIC SERVICES IS A PRIVATE CONTRACTOR.
THEY HAVE TAKEN TRASH FOR CITY OF MESQUITE OVER, OR THEY DID TAKE TRASH FOR CITY MESQUITE FOR SEVERAL YEARS.
SO IT'S, IT'S A PRIVATE ENTITY TECHNICALLY.
AND THEN WE HAVE THE SUP AREA THAT YOU ARE REQUESTING, AND THEN TO THE SOUTHEAST, THERE APPEARS TO BE A RESIDENTIAL NEIGHBORHOOD.
YEAH, AND I'D REMIND THAT THERE'S, THERE'S, THERE'S TWO SUVS HERE.
THIS IS THE FURTHER, UH, NORTH AND WEST ONE.
BUT KLEBERG, WE GET INTO, AS WE GO TOWARDS THE INTERSECTION OF JORDAN VALLEY AND KLEBERG, THERE IS A MORE, UH, RESIDENTIAL NEIGHBORHOOD FURTHER EAST.
HAVE THERE BEEN ANY CONCERNS ABOUT FLOODING IN THAT AREA? NOT THAT WE HAD HEARD.
AND AS I SAID, THEY CAN'T NECESSARILY ASSESS FLOODING WITHOUT, UH, DETAILED STUDIES ON INDIVIDUAL PROPERTIES.
BUT THE GENERAL ASSUMPTION IS THIS IS ASSISTING IN, UM, FLOODING IN THE AREA THAT IT, IT ACTS JUST AS A DETENTION LAKE AS YOU WOULD IN A, IN AN INDIVIDUAL DEVELOPMENT SIDE.
IF YOU HAVE A, UH, DETENTION AREA, IT ACTS AS A, A GUI.
GIGANTIC VERSION OF THAT, UM, IS THE GENERAL, UH, ASSUMPTION BEING MADE BY OUR, OUR STORMWATER TEAM.
SO THEY DIDN'T HAVE, UM, THEY DIDN'T HAVE OBJECTIONS BASED ON THAT WERE THE RESIDENTS, UM, I GUESS TO THE SOUTH EAST, WERE, THEY'RE NOTIFIED ABOUT THIS SUP RENEWAL REQUEST.
IT SP AMENDMENT MY LANGUAGE THERE, BUT NO WORRIES.
THIS, UM, I CAN TELL YOU THE DIS THE DISTANCE AND THE NOTIFICATION AREA, HOW FAR IT REACHED.
I DON'T HAVE THAT IN MY SLIDES, BUT IT WAS IN THE REPORT.
I DO BELIEVE THERE WERE A FEW WAITING ON THAT, WAITING ON THAT INTERNET.
UM, IT CLIPPED A COUPLE OF THE, UM, I, I GUESS YOU'D CALL THEM ESTATE SIZE PROPERTY OWNERS TO THE SOUTH.
I MEAN, IT'S A 500, IT WAS A 500 FOOT NOTIFICATION DUE TO THE SIZE OF ITS AREA.
SO 500 PROPERTY OWNERS WITHIN 500 FEET WERE NOTIFIED.
SO IT CLIPPED, UH, AS YOU CAN SEE IN THE LAST, NEAR THAT LAST PAGE OF THE REPORT, EC CLIPPED OF 1, 2, 3, 4 PROPERTY OWNERS ON CLAY BURG ROAD, WHICH ARE JUST HOMES AND LOOKS LIKE THE THREE PARCELS SOUTH OF THE SUP ALONG THAT WOULD FRONT JORDAN VALLEY.
AND THAT'S LISTED IN THE DOCKET.
WELL, I KNOW THERE'S REASONING BEHIND THE, UM, THE DISTANCE FOR THE NOTIFICATION AREA, BUT STILL, UH, WITH SOMETHING THAT'S WHAT THESE TYPE OF IMPLICATIONS, THAT'S A REAL ARTIFICIAL NUMBER, UH, BE SINCE, I MEAN THIS COVERS IS 51 ACRES, UH, THE IMPACTS OF, UH, OR THE IMPLICATIONS OF THIS SUP WILL BE MUCH BROADER.
IT MAY HAVE ADDITIONAL IMPACTS ON THE, THE RESIDENCE BELOW.
QUESTION? WELL, THE NOTIFICATION DISTANCE IS BASED ON CITY CODE AND STATE CODE.
UH, DID YOU RECEIVE ANY, UH, FEEDBACK, UH, FROM THOSE NOTIFICATIONS? UH, LOOKS LIKE FROM THE PACKET YESTERDAY, THERE WAS NOTHING RECEIVED.
I'LL RESERVE MY QUESTIONS FOR, FOR THE OWNER.
MR. PEPE, IF I COULD JUST VENTURE SORT OF A, A PARAPHRASE OR A LAYMAN'S, UM, OBSERVATION ABOUT THIS.
I THINK WHAT STAFF IS SAYING IS THAT WHILE THIS BODY OF WATER IS, IS MANMADE, IT'S A RESULT OF GRAVEL MINING THAT REVOKING THE, UM, THE SUP AND REQUIRING THIS TO BE FILLED IN WOULD ACTUALLY CREATE MORE ENVIRONMENTAL RISKS THAN JUST LEAVING IT ALONE.
AND THAT'S WHAT OUR OEQS AND, AND DW ARRIVED AT THE CONCLUSION THEY ARRIVED AT AS WELL.
ANY OTHER QUESTIONS? COMMISSIONERS? OKAY, MR. CHAIR? YES, SIR.
UH, MR. PEPE, THIS CASE NUMBER IS C TWO 12.
HOW OLD IS THIS? HOW LONG HAS IT BEEN AROUND? LET ME TELL
[01:20:01]
YOU.UH, IF I CAN RECALL THE MONTH.
I THINK THIS WAS MY SECOND RUN OF ASSIGNMENTS OF CASES AS A PLANNER AT THE CITY OF DALLAS.
SO IT'S BEEN HERE FOR A WHILE.
UM, AND 99% OF THAT HAS BEEN SPENT TRYING TO MAKE SURE WE HAVE OUR ENVIRONMENTAL, UM, BOXES CHECKED AND, AND MAKE SURE THAT WE'VE TALKED TO THE RIGHT PEOPLE.
IT'S, THIS IS NOT A TYPICAL PROCESS.
IT'S NOT A TYPICAL TIMEFRAME EITHER.
UM, SO THAT'S WHY IT'S BEEN HERE FOR A WHILE, WAS WORKING WITH THOSE AGENCIES, TRYING TO GET THE STATE TO, TO GIVE US FEEDBACK ON THE, UH, STATUS OF THE LANDFILL AND THOSE KINDS OF THINGS.
BUT THAT'S WHY WE'RE HERE TODAY AFTER A FEW YEARS.
ARE WE RECORDING? WE ARE RECORDING COMMISSIONERS.
WE'RE, WE'RE ON CASE NUMBER 23.
NEED A BRIEF? LET'S BRIEF THAT.
WE COULD SEE IT, RIGHT? THANK YOU.
SORRY, I DON'T DO THIS ALL THAT OFTEN.
SO, UM, ITEM THREE IS Z 2 3 4 2 77.
IT'S IN AN APPLICATION FOR A CS COMMERCIAL SERVICE DISTRICT WITH DEED RESTRICTIONS VOLUNTEERED BY THE APPLICANT, AND TO MAINTAIN THE AREAS WITH A D ONE LIQUOR CONTROL OVERLAY ON PROPERTIES ZONED AS CR COMMUNITY, RETAIL DISTRICT, AND CS WITH THE D ONE OVERLAY AND AN R 7.5, A SINGLE FAMILY DISTRICT.
IT'S ON THE SOUTHEAST LINE OF BELTLINE ROAD, SOUTHWEST OF CF HA.
SO, UM, THERE ARE THREE ZONING DISTRICTS WITHIN THE AREA OF REQUEST.
UM, THE APPLICANT PROPOSES TO DEVELOP A MINI WAREHOUSE ON THE PROPERTY, UM, TOWARDS THE REAR ACCORDING TO THEIR ORIGINAL APPLICATION.
UM, THE VOLUNTEER DEED RESTRICTIONS WOULD PROHIBIT ALL THE COMMERCIAL AND BUSINESS SERVICE USES, THE INDUSTRIAL USES LODGING USES MOST OF THE WHOLESALE DISTRIBUTION AND STORAGE USES, AND SOME ADDITIONAL USES THAT THE CS DISTRICT WAS COULD INTRODUCE, IF NOT PROHIBITED BY THE VOLUNTEER DEED RESTRICTIONS.
UM, IT'S ON THE SOUTHEAST SIDE OF DALLAS HERE WITH THE STAR.
UM, THIS IS THE AERIAL AND ZONING MAP.
UM, YOU CAN SEE IT'S, UH, UNDEVELOPED AND HEAVENLY WOODED.
UM, TO THE NORTHEAST WE HAVE CS, UM, TO THE SOUTHEAST.
WE HAVE MULTIFAMILY WITH AN MF TWO SAH DISTRICT STANDARD AFFORDABLE HOUSING IS WHAT THAT STANDS FOR.
UM, TO THE DO SOUTH, WE HAVE AN R 75.
UM, AND IF YOU COULD SEE THAT FAINT GR UH, GRAY LINE, IT DOES PROJECT INTO THE AREA OF REQUEST.
SO, UM, THE STRIPED AREA HERE IN THE MIDDLE OF THE ZONING MAP THAT HAS THREE DIFFERENT ZONING DISTRICTS, IF YOU CAN TELL FROM THAT PICTURE.
UM, THERE'S AN MBU ONE SAH LOT TO THE SOUTHWEST, AND THERE'S A SINGLE FAMILY ON IT.
UM, BUT FURTHER WEST IS CR ZONING, UH, OR SOUTHWEST.
WE HAVE SOME MORE SINGLE FAMILY ZONING.
AND, UM, THERE'S SOME D ONE, UH, LIQUOR CONTROL OVERLAYS,
[01:25:01]
UM, AROUND AND ON THIS SITE, UH, THE AREA OF REQUEST IS CURRENTLY UNDEVELOPED.UM, THEY WANTED, THEY ORIGINALLY APPLIED FOR A PD SO THAT THEY CAN HAVE A ONE STORY RETAIL DEVELOPMENT IN THE FRONT AND A MINI WAREHOUSE IN THE REAR.
UM, SINCE THE FRONT OF THE PROPERTY, UM, ABUTTING BELT LINE IS ALREADY ZONED CR, THE RETAIL WOULD'VE BEEN ALLOWED.
IT WAS PRIMARILY THE MINI WAREHOUSE IN THE BACK THAT NEEDED THE ZONING CHANGE.
UM, SINCE THEY ORIGINALLY APPLIED, UM, THIS CASE HAS BEEN THROUGH THREE DIFFERENT PLANNERS.
UM, I, AND THEY HAVE AMENDED THE REQUEST TO ASK FOR STRAIGHT ZONING, UH, TO CS WITH THE VOLUNTEER DUE RESTRICTIONS.
YES, THEY WANT, I GUESS THEY ORIGINALLY WANTED A PD BECAUSE THE TYPICAL TIME LIMIT THAT AN SUP, UM, WOULD ENTAIL.
UM, AND THEY, UM, SO THEREFORE, INSTEAD OF A PD, WE HAVE BASE DONATE WITH DEED RESTRICTIONS.
I'M NOT GONNA READ ALL THIS, UM, BECAUSE I THINK I'VE COVERED IT ALL.
UM, YES, AND THERE'S A LITTLE STRIP OF LAND, UM, THAT IS ALREADY ZONED TO SEE US, BUT, UM, SO FAR THE LEGAL DESCRIPTION FOR THIS PROPERTY IS FOR THAT ENTIRE 4.13 ACRE.
AND SO THE DEED RESTRICTIONS AND THE ZONING CHANGE WOULD APPLY TO THE ENTIRE THING.
UM, YES, THE ONLY DISTRICTS THAT ALLOW A MINI WAREHOUSE WITHOUT AN SUP ARE THE CS INDUSTRIAL AND CENTRAL AREA DISTRICTS.
OUT OF THOSE CHOICES, CS WOULD BE, UM, PROBABLY THE, THE BEST CHOICE TO NOT REQUIRE AN SUP.
UM, AND THE MINI WAREHOUSE, UH, IS ALLOWED WITH AN SUP AND THE CR ARE OUR MIXED USE IN MULTIPLE COMMERCIAL DISTRICTS.
AND JUST IN CASE Y'ALL WOULD'VE PREFERRED AN SUP, WE WOULD HAVE TO RE-NOTICE.
SO IF THAT'S THE ROUTE, UH, THE COMMISSION WANTS TO TAKE, UM, PROBABLY THE EASIEST, MOST STRAIGHTFORWARD FOR THE APPLICANT WOULD BE A DENIAL WITHOUT PREJUDICE, AND THEY CAN REAPPLY IF THAT'S, UM, THE DECISION.
UH, THE SITE'S UNDEVELOPED WITH, UH, QUITE A BIT OF TREES.
UM, I GUESS THERE'S A GAS STATION OVER OFF OF 20, I BELIEVE.
UM, AND THERE'S SOME MORE, UM, UNDEVELOPED PROPERTIES.
AND THIS IS THE ORIGINAL, UH, PROPOSED PD DEVELOPMENT PLAN, UH, WHICH IS WHERE WE CAME UP WITH THE INFORMATION ABOUT THE MINI WAREHOUSE IN THE BACK AND THE RETAIL IN THE FRONT.
UM, BUT AGAIN, THIS IS JUST FOR ILLUSTRATIVE PURPOSES.
THERE'S NO SITE PLAN PROPOSED IN THIS APPLICATION.
UM, FOR THE DEVELOPMENT STANDARDS TABLE, UM, WE HAVE THREE EXISTING ZONING DISTRICTS, UM, WITHIN THE SITE.
UM, BUT THE MAJOR CHANGE IS CHANGING, UM, THE R SEVEN FIVE TO CS, AND YOU CAN SEE THE CHANGES HERE.
UM, AND THE PRIMARY LAND USE CHANGES OF THE PROPOSAL.
UM, I DIDN'T GO OVER THE ONES THAT WOULD'VE BEEN ALLOWED BY SUP, BUT OFFICE BANKS AND MEDICAL CLINICS WOULD BE ALLOWED AS A CHANGE IN THAT R SEVEN FIVE AREA.
UM, AGAIN, THEY WOULD NOT, UH, RESIDENTIAL WOULD NOT BE ALLOWED IN, YOU KNOW, WITH THE CHANGE AND AN ANIMAL SHELTER WITHOUT OUTSIDE RUNS A CAR WASH, DRY CLEANING, GENERAL MERCHANDISE AND FOOD STORE, LESS THAN 100,000 SQUARE FEET.
GAS STATION RESTAURANTS, MINI WAREHOUSE AND SAND GRAVEL AND EARTH SALES AND STORAGE WOULD ALL BE ALLOWED WITH THE PROPOSAL.
UM, THERE'S A MORE EXTENSIVE TABLE, UM, IN THE CASE REPORT ON ITEM, UH, PAGES SIX THROUGH 10 IF WE WANT A LITTLE BIT MORE DETAIL.
SO STAFF'S RECOMMENDATION IS APPROVAL SUBJECT TO DEED RESTRICTIONS VOLUNTEERED BY THE APPLICANT.
COMMISSIONER FRANKLIN, THANK YOU FOR THAT PRESENTATION.
HELP EDUCATE ME ON WHAT IS A MINI WAREHOUSE? IS THAT LIKE A PERSONAL STORAGE UNIT? YES, THAT IS CORRECT.
IT'S, UM, I THINK THE CODE DEFINES IT AS INDIVIDUAL RENTED STORAGE FACILITIES THAT ARE LESS THAN 500 SQUARE FEET EACH.
[01:30:02]
SO LIKE YOUR PUBLIC STORAGE WAREHOUSE WHERE YOU PAY A MONTHLY FEE FOR A SPACE, AND THEN YOU STORE YOUR PERSONAL BELONGINGS THERE.AND HOW DOES THIS RE REQUIRE THIS REQUESTED LAND USE COMPARE TO, UH, THE FORWARD DALLAS 2.0? HMM.
IT'S, IT WAS SUBMITTED SLIGHTLY BEFORE FORWARD DALLAS, FOUR POINT, SORRY, 2.0
UM, SO WE DIDN'T, UH, COMPARE IT TO THAT.
UM, DO YOU HAVE ANYTHING YOU WANNA ADD, MICHAEL? YEAH, NO.
ANY, ANY, IT'S REALLY PRETTY EASY.
RULE OF THUMB IS IF A CASE HAS Z 2 34 OR AN OLDER CASE, LIKE Z 2 23, UM, IT'S NOT EVALUATED UNDER THE FOUR DALLAS FRAMEWORK BECAUSE WE BEGAN TO, TO IMPLEMENT THAT AFTER THE DATE OF APPROVAL OF THAT.
SO IT'S, IT'S NOT EVALUATED IN THAT FRAMEWORK.
ANY CASE THAT HAS Z 2 45 IS GONNA BE UNDER THE DALLAS, FORWARD DALLAS FRAMEWORK.
IS THERE ANY PROHIBITION OF EVALUATED IT AGAINST FOR DALLAS 2.0? I DON'T THINK WE WOULD SAY IT WOULD PROHIBIT YOU FROM MAKING ANY DECISIONS THAT WOULD BE IN COMPLIANCE WITH A COMPREHENSIVE PLAN.
SO I, I THINK YOU CAN MAKE AN ARGUMENT FOR THAT BECAUSE 2.0 WOULD BE, UH, MORE ALIGNED TO WHAT PEOPLE IN THE, IN THE AREA WOULD WANT COMPARED TO FOR DALLAS, THE ORIGINAL TAKE ON IT, YOU COULD, YOU COULD PROBABLY MAKE AN ARGUMENT FOR THAT.
I DID RECEIVE A FEW PHONE CALLS ON THIS ONE.
UM, LET'S SEE IF I CAN GO TO THAT.
THAT MAKING EVERYBODY SICK? NOPE.
LET'S SEE IF I CAN FIND THE MAP.
UM, I DON'T KNOW IF Y'ALL CAN SEE.
YOU CAN, UM, UH, THE FIRST PHONE CALL I, UH, RECEIVED WAS FROM, UH, A WOMAN THAT LIVES IN THIS AREA, AND SHE SAID THAT THERE WAS A LOT OF HOMELESS THAT TEND TO CAMP OUT IN HERE, AND SHE HAD, SOME OF THEM STARTED CAMPFIRES.
AND SO SHE WAS PRIMARILY JUST CONCERNED WITH, UH, UNSECURED PROPERTY.
UM, AND I THINK I RECEIVED ANOTHER PHONE CALL FROM A LADY OVER HERE LAST NIGHT, AND, UM, AND I THINK SHE WAS GONNA SEND IN A RESPONSE, BUT, UM, ONCE I EXPLAINED, YOU KNOW, THAT THIS FRONT PART HERE THAT WAS ALREADY ZONED CR, SHE, SHE WAS LIKE, OH, OKAY.
SHE, SHE DIDN'T SEEM OVERLY UPSET ON THE PHONE, BUT, UM, BUT YES, SHE, UM, THE, THE NEIGHBOR THAT LIVES HERE SAID THAT THERE HAVE BEEN SOME HOMELESS ACTIVITY AND THEY WERE IN FAVOR OF SOMETHING HAPPENING, IS WHAT? OKAY.
BUT THAT'D BE MORE OF A, AN ISSUE THAT, THAT AREA NEEDS TO BE DEVELOPED, WHATEVER THAT MAY LOOK LIKE MM-HMM
RATHER THAN, UH, UH, THE, THE PERSON ISN'T OPPOSED TO A MINI STORAGE UNIT BEING THERE, RIGHT.
SHE DIDN'T, SHE DIDN'T SEEM TO EXPRESS A, AN OPINION ONE WAY OR THE OTHER.
RESIDENTIAL VERSUS NON-RESIDENTIAL.
SHE WAS JUST CONCERNED ABOUT THE HOMELESS THAT WAS IN THE AREA.
AND, AND CAN WE GO BACK TO THE SLIDE WHERE IT HAS THE, UH, PROPOSED DEED RESTRICTIONS? UM, LIKE TOWARDS THE END? IS THAT ONE OF THE LAST SLIDES? NO, THERE WAS THE ONES LEFT OR THE ONES RESTRICTED.
UH, UH, KEEP GOING, KEEP GOING TO, OKAY.
ON THE PRIOR SLIDES, I THINK IT'S ONE OF THE, THERE WE GO.
UH, THIS ONE WE HAVE GONE TOO FAR.
NO, THIS, WELL, IT WAS A SLOT THAT SAID THAT IT WOULD ALLOW SOME WAREHOUSE, SOME DISTRIBUTION.
LET'S SEE, MAYBE IT'S A SUMMARY.
MOST WAREHOUSE DISTRIBUTION AND STORAGE USES AND ADDITIONAL USES.
UH, THAT'S A LITTLE BIT AND OUS TO ME.
YEAH, I WAS, I WAS LISTENING THE, THE CATEGORIES OF THE USES INSTEAD OF THE INDIVIDUAL USES.
UM, ON THE CASE REPORT, PAGE SIX THROUGH 10, IT HAS A MORE EXHAUSTIVE LIST WHERE IT, UM, LISTS ALL THE USES THAT WOULD BE ALLOWED OR, OR PROHIBITED BY THE DEED RESTRICTIONS.
UM, AND SO THAT, THAT KIND OF HAS MORE, UH, GRANULAR INFORMATION ON THE CASE REPORT, BUT IT SAYS MOST BECAUSE A MINI WAREHOUSE IS A KIND OF WHOLESALE DISTRIBUTION AND STORAGE USE.
UM, THE OTHER USES SUCH AS JUST GENERAL WAREHOUSE, I BELIEVE THAT IS PROHIBITED.
IF IT'S IN THE CASE REPORT, UM, YES.
[01:35:01]
AND ALSO THE CASE REPORT, UH, IT HAS A TABLE THAT SHOWS, UH, WHAT USES ARE ALLOWED OR REQUIRES, UH, NSUP IN THE BASE ZONING DISTRICTS, UH, R SEVEN FIVE CS, AND CR, AND IT HAS A, A COLUMN THAT HAS AN X FOR EVERY USE THAT IS PROPOSED TO BE PROHIBITED.SO IF IT'S ALLOWED IN CS AS A DOT OR AN S OR AN S AND IT HAS AN X, THAT MEANS THEY'RE PROHIBITING IT WITH YOUR VOLUNTEER DUE RESTRICTIONS.
I REMEMBER SEEING THAT TABLE IN THE CASE REPORT.
IT WAS JUST A LITTLE BIT CONFUSING, BUT NOW THAT I HAVE CONTEXT, YES.
UH, I'LL GO BACK AND TAKE A A LOOK AT THAT.
COMMISSIONER CARPENTER, UH, MY CONCERN IS THE, UM, RECOMMENDATION FOR CS ZONING, EVEN WITH THE DEED RESTRICTIONS.
'CAUSE UM, LIKE THE CASE WE HAD A LITTLE EARLIER, THE APPLICANT MAY BE SAYING AT THIS POINT THAT THEY'RE INTENDING TO DO A RETAIL STRIP AT THE FRONT AND A MINI WAREHOUSE AT THE BACK.
WE DON'T HAVE, WITHOUT A PD OR AN SUP, WE DON'T HAVE A SITE PLAN OR A DEVELOPED PLAN THAT THAT GUARANTEES THAT.
I MEAN, RIGHT NOW, IS IT NOT TRUE THAT ABOUT HALF THE PROPERTY IS ZONED? I MEAN, ELIMINATING THE LITTLE CS STRIP ABOUT HALF THE PROPERTY IS CURRENTLY ZONED R AND THAT WOULDN'T ALLOW ANY KIND OF COMMERCIAL, MOST COMMERCIAL USES THINGS THAT WE GENERALLY CONSIDER TO BE RETAIL? YES, THAT IS CORRECT.
THERE IS A, UM, LARGE PORTION OF THE AREA OF REQUEST THAT IS CURRENTLY R SEVEN FIVE.
IT'S KIND OF LANDLOCKED IN THERE.
UM, AND THE EXISTING ZONING, A BUDDING BELT LINE IS CR OKAY.
SO, UM, AND YES, WE DO NOT HAVE A SITE PLAN AS, UH, AS A ZONING CASE THAT IS STRAIGHT ZONING WITH THE RESTRICTIONS, BUT, UM, BECAUSE OF THE EXTENSIVE LIST OF USES THEY'RE PROHIBITING, UM, IT, IT DOES NARROW DOWN THEIR OPTIONS SIGNIFICANTLY.
BUT WHAT IT DOES DO WITH THE STRAIGHT ZONING, UH, REQUEST TO CS IS IT EXTENDS ALL OF THOSE, UH, COMMERCIAL RETAIL USES INTO THE PORTION OF THE PROPERTY THAT NEVER WOULD'VE HAD THEM BEFORE.
SO BY RIGHT, EVEN WITH GIVEN THESE DEED RESTRICTIONS, THIS ENTIRE PROPERTY COULD BE TURNED INTO A CONVENIENCE STORE WITH THE DRIVE THROUGH, WITH A CAR WASH, WITH A GAS STATION, AND I BELIEVE SAND AND GRAVEL SALES WERE NOT EVEN PROHIBITED.
SO, UM, IS THERE NOT ANY CONCERN THAT EXTENDING THESE TYPES OF USES THAT CAN BE INTRUSIVE UP AGAINST A RESIDENTIAL NEIGHBORHOOD WITHOUT, WITHOUT THE ADDED CONDITIONS THAT, UM, DUE RESTRICTIONS OR AN SUP COULD PROVIDE? IS THAT, WELL, I MEAN, THE BASE CODE DOES, UH, REQUIRE A RESIDENTIAL LANDSCAPING BUFFER FOR NON-RESIDENTIAL USES THAT, BUT SINGLE FAMILY DUPLEX, TOWNHOUSE, MULTIFAMILY DISTRICTS, UM, AND IT, UH, RESIDENTIAL PROXIMITY SLOPE WOULD LIMIT THE HEIGHT TO 26 FEET.
UM, THERE'S ALSO SCREENING REQUIREMENTS AND OTHER THINGS THAT ARE BAKED INTO THE CODE.
SO WITH ALL THOSE PROTECTIONS THAT ARE ALREADY BAKED INTO THE CODE, WE DIDN'T HAVE GRAVE CONCERNS.
BUT ISN'T IT, UH, NOT THE CASE THAT DEED RESTRICTIONS OF WHEN WE'RE PROTECTING ADJACENT RESIDENTIAL, WE SOMETIMES, OFTEN, WHATEVER, UM, REQUIRE CERTAIN TYPES OF FENCING, YOU KNOW, HEIGHTS OF, OF MASONRY FENCES, OR WE PUT HOURS OR LOCATIONS OF WHERE VEHICLES CAN GO DRIVE THROUGH.
THE, THE APPLICANT CAN CERTAINLY VOLUNTEER ADDITIONAL RESTRICTIONS IF, IF THAT'S THEIR DESIRE.
ANY OTHER QUESTIONS ON THIS ITEM? COMMISSIONERS.
UH, CASE NUMBER 24 HAS COME OFF, CONSENT WILL BE HELD UNDER ADVISEMENT.
UH, DON'T HAVE A DATE ON THAT YET.
UH, I'M ASSUMING NO CHANGES OR UPDATES ON THAT ONE.
IT DOESN'T NEED TO BE BRIEFED.
IT'S GONNA BE PUT UNDER ADVISEMENT UNTIL THE 20TH.
WE WILL BRIEF IT THEN TO FEBRUARY 20TH, TAKES US TO 27TH.
UH, UM, I THINK THAT WE DON'T NEED THAT ONE BRIEFED.
UH, THERE MIGHT BE A CHANGE OF THE, UM, THE TIME PERIOD, I BELIEVE 28.
[01:40:21]
ALL RIGHT.CASE, UH, OR ITEM 28 IS CASE Z 2 34 DASH 2 43.
IT IS AN APPLICATION FOR A NEW PD, SUBDISTRICT AND PD 1 93 ON PROPERTY ZONE TO PD 1 93 HC HEAVY COMMERCIAL DISTRICT.
UH, IT'S BOUNDED BY CEDAR SPRINGS ROAD, MAPLE AVENUE, NORTH PEARL STREET, AND MCKINNEY AVENUE ABOUT JUST UNDER 10 ACRES IN SIZE.
UH, LOCATED HERE IN THE HEART OF, UH, UPTOWN IN QUAN.
UH, SO AS YOU CAN SEE, IT IS THE, UH, THE CRESCENT, UH, DEVELOPMENT, UH, VERY STORIED DEVELOPMENT.
UH, THE ZONING, IT IS A, I THINK AS, UH, WE OFTEN SEE IN THIS PART OF TOWN, IT'S A BIG MIX OF VARIOUS, UH, BOTH PD 1 93 DISTRICTS AND SOME OTHER PDSS AND PDS.
UH, GENERALLY THE USES AROUND HERE, UH, IT'S A MIX OF OFFICES, HOTEL MULTIFAMILY, AND THEN ALSO VARIOUS, UH, WHAT I WOULD CLASSIFY AS JUST RETAIL PERSONAL SERVICE TYPE USES.
UH, VERY, UH, CHARACTERISTIC, I THINK OF JUST THE GENERAL MIX OF USES IN THIS PART OF TOWN.
SO IT IS CURRENTLY ZONED PD 1 93 HC, AND THE APPLICANT WISHES TO BUILD MULTIFAMILY ON THE NORTHERN PORTION OF THE SITE.
UH, ADDITIONALLY, THE APPLICANT WANTS TO CODIFY SOME VARIOUS, UH, LANDSCAPING, UH, CHANGES OR NOT CHANGES, BUT VARIANCES IN LANDSCAPING THAT HAVE BEEN GRANTED TO THE EXISTING SITE OVER THE YEARS.
UM, AND AS PART OF THE DEVIATIONS FROM THE PD 1 93 HC DISTRICT, UH, THEY'RE JUST INCORPORATING SOME DEVIATIONS THAT WILL ALLOW THEIR ENVISIONED DEVELOPMENT TO BE, UH, TO BE BUILT OUT.
SO THEY'RE REQUESTING A NEW PDS.
UH, THESE ARE SOME PHOTOS I WAS ABLE TO TAKE ACTUALLY FROM A, UH, FROM A NEIGHBORING PROPERTY THAT'S, UH, UNDER CONSTRUCTION, PROBABLY THE COOLEST SITE VISIT I'VE DONE.
UH, SO HERE WE'RE ON MAPLE AVENUE LOOKING SOUTHEAST AT THE SITE AND JUST MORE ZOOMED OUT, THEN WENT BACK TO THE GROUND LOOKING SOUTH ON MAPLE AVENUE.
UH, THERE'S, IT'S A LOT OF PHOTOS HERE, SO I'LL JUST KIND OF TAKE US THROUGH.
BUT AGAIN, THIS IS THE NORTHERN TIP OF THE, UH, THE TIP OF THE PIE.
WE'VE BEEN SAYING WHERE THE NEW DEVELOPMENT WILL BE OCCURRING.
HERE WE ARE LOOKING AWAY FROM THE SITE AND THERE'S THAT TOWER I WAS JUST INSIDE OF.
THEN, UH, LOOK INTO THE NORTH NORTHEAST.
SO AS YOU CAN SEE, THERE IS A GOOD AMOUNT OF MID TO HIGH RISE BUILDINGS THROUGHOUT THIS AREA, LOOKING SOUTHWEST AND JUST KIND OF MEANDERING ON DOWN THE ROAD HERE.
THEN HERE'S THE, UH, EXISTING DEVELOPMENT ON THE CRESCENT SITE.
THEN HOP OVER TO THE OTHER END.
ALL RIGHT, UH, THIS IS THE, UH, THIS IS THE ORIGINAL CONCEPTUAL PLAN.
UH, THEY'RE DIVIDING THE AREA INTO SUB AREAS A AND B UH, SUB AREA.
A WILL BE THIS AGAIN, THIS NORTHERN TIP THAT IS GOING TO BE THE NEW DEVELOPMENT SUB AREA.
B IS THE EXISTING DEVELOPMENT ON THERE.
THERE ARE NO CHANGES PROPOSED TO SUB AREA B AT THIS TIME.
UH, THE DEVELOPMENT PLAN, THIS IS A LITTLE HARD TO SEE, SO LET'S GO INTO THE DETAIL.
UM, THE MAIN PORTION OF THIS, AGAIN, THERE'S THIS LARGE, UH, RESIDENTIAL MIXED USE BUILDING WHERE MAJORITY'S GONNA BE RESIDENTIAL WITH SOME REQUIREMENTS FOR, UH, KIND OF RETAIL PERSONAL SERVICE USE.
UH, THERE'LL BE A LOADING AREA HERE, THE EXISTING SITE AS IT IS TODAY.
THE MAIN THING THAT'S THERE IS A RAMP THAT GOES INTO THE PARKING GARAGE.
MY UNDERSTANDING IS THIS RAMP HAS BEEN SEVERELY UNDERUTILIZED, UH, FOR QUITE A LONG TIME, AND THAT SPURRED SOME OF THE DECISION TO GO AHEAD AND DEVELOP IT WITH, UH, A BUILDING INSTEAD.
UH, GETTING MORE INTO THE DETAIL HERE.
UH, JUST FURTHER IN, UH, SO YOU CAN SEE HERE THERE'S, UH, SOME SIDEWALK, UH, IMPROVEMENTS THAT'LL BE MADE.
THERE'S A PROPOSED DROP OFF AREA THAT IS SUBJECT TO APPROVAL BY THE DIRECTOR OF PUBLIC WORKS.
UH, YEP, THIS IS THE MOST UPDATED VERSION.
SO THIS IS THE LANDSCAPE PLAN.
THERE'S A LARGE AMOUNT OF TREES THAT ARE BEING PROPOSED TO LINE ALONG HERE, AS WELL AS, UH, THIS IS A CHANGE FROM WHAT WAS IN THE DOCKET.
A, UH, LARGE SPECIMEN TREE THAT WILL BE AT THE VERY NORTHERN PORTION, AND I'LL GET TO ALL THAT IN A BIT.
SUB AREA B HAS A LANDSCAPE PLAN ATTACHED AS WELL.
IT IS INCORPORATING THE VARIOUS, UH, VARI THE VARIOUS VARIANCES THAT HAVE TAKEN PLACE OVER THE YEARS WITH THIS SITE.
UH, WE WANTED TO MAKE SURE THAT EVERYTHING WAS SORT OF CODIFIED AND INCORPORATED IN THERE JUST TO ENSURE THAT THERE'S COMPATIBILITY AND CONTINUATION OF WHAT'S BEEN GRANTED.
THE DEVELOPMENT STANDARDS, THERE'S ACTUALLY NOT TOO MANY DEVIATIONS HERE.
[01:45:01]
ARE THAT THE FAR IS 5.1 TO ONE RATHER THAN FOUR TO ONE.AND THE MAX HEIGHT, IT IS A LIMIT OF 285 FEET WITH AN ALLOWANCE FOR SUB AREA A OF 415 FEET IF THE MIXED INCOME HOUSING DEVELOPMENT BONUS IS MET.
NOW, THE BIG CHANGE THAT HAS OCCURRED SINCE THIS, UH, DOCKET WAS PUBLISHED IS THAT THE APPLICANT'S PROPOSED A SUSTAINABILITY SCORECARD FOR ACQUIRING THEIR BUILD PERMIT.
THE SCORECARD INCORPORATES SEVERAL DESIGN STANDARDS THAT WERE SHOWN IN THE CONDITIONS IN THE STAFF REPORT, AND I'VE HIGHLIGHTED THOSE IN THE FOLLOWING SLIDES.
SO THE BIG KIND OF TAKEAWAY HERE IS THAT A LOT OF THE SORT OF DEVELOPMENT, OR NOT DEVELOPMENT, BUT DESIGN STANDARDS AND AMENITIES THAT WERE PREVIOUSLY JUST IN THE CONDITION TEXT, A LOT OF THOSE HAVE BEEN MOVED OVER TO THIS SCORECARD.
UM, IN ADDITION, THERE ARE A FEW MORE ITEMS THAT HAVE BEEN INCLUDED IN THIS SCORECARD.
SO, GOING THROUGH THE PROPOSED CONDITIONS, THE APPLICANT IS PROPOSING THAT FOR PARKING, THERE'S 2,542 PARKING SPACES PROVIDED FOR SHARED USE BY ANY USE IN THE DISTRICT.
UH, THE LONG AND SHORT OF THAT IS THAT THERE'S A VERY LARGE UNDERGROUND PARKING GARAGE AT THIS SITE.
IT'S ACTUALLY, RIGHT NOW IT'S KIND OF OVER PARKED.
THERE'S A GOOD AMOUNT OF CAPACITY THERE.
UH, NORMALLY WE WOULD WANT MORE OF AN ACTUAL RATIO THAT'S USED, BUT IN THIS PARTICULAR CASE, SINCE THERE IS EXISTING PARKING, UM, IT'S CERTAINLY FEASIBLE TO JUST HAVE A FIXED NUMBER.
STAFF'S RECOMMENDATION IS ZERO PARKING REQUIREMENT.
UH, THE REASON BEING THAT IT IS A VERY DENSE AND WELL-SERVED AREA BY TRANSIT.
UH, AND IN ADDITION, AGAIN, THERE IS ALREADY A LARGE AMOUNT OF PARKING AVAILABLE ON THE SITE WITH THIS UNDERGROUND PARKING.
UH, REDUCING THE PARKING REQUIREMENT TO ZERO WOULD ALLOW FOR THE, UH, REUSE AND RE RECONFIGURATION OF THAT UNDERGROUND AREA FOR OTHER PURPOSES IF, IF, IF FOUND FEASIBLE.
UH, AGAIN, ADDITIONALLY THE LOADING, THERE'S AREA A, IT ONLY REQUIRES ONE MEDIUM-SIZED LOADING SPACE THAT'S SCREENED FROM THE RIGHT OF WAY, TWO OFF STREET PASSENGER LOADING SPACES.
AND AS MENTIONED PREVIOUSLY ON THE DEVELOPMENT PLAN, THEY DO PROPOSE THREE ON-STREET PASSENGER LOADING SPACES WITH APPROVAL FROM THE DIRECTOR OF PUBLIC WORKS.
GOING TO THE DESIGN STANDARDS, WE HAVE OUR TYPICAL SIX FOOT SIDEWALK WITH A FIVE FOOT PLANTING ZONE AND IMPROVED PEDESTRIAN CROSSINGS ACROSS THE DRIVEWAYS AND CURB CUTS.
AGAIN, JUST MAKING THEM MORE VISIBLE, SAFER, SAFER FOR PEDESTRIANS.
THESE HIGHLIGHTS HERE, THESE ARE SOME OF THE THINGS THAT HAVE MOVED OVER INTO THE SCORECARD.
SO BIKE STORAGE SPACE FOR EVERY THREE DWELLING UNITS, MICRO MOBILITY, CHARGING AND PARKING.
A REQUIREMENT FOR A THOUSAND SQUARE FEET OF PHOTOVOLTAIC EXCELS FOR SOLAR ON ROOFS.
UM, IT SAYS IN THE SUB, JUST, YEAH, IN THE SUBDISTRICT.
SO THAT'LL APPLY FOR BOTH SUB AREAS A AND B.
SO THAT'S ONE THING I FORGOT TO MENTION IS THESE, UH, THE SCORECARD AND THESE SUSTAINABILITY CONDITIONS, THEY WOULD APPLY TO THE WHOLE AREA.
SO THEY WOULD BE ABLE TO PROVIDE SOME OF THESE IMPROVEMENTS THROUGHOUT THE DEVELOPMENT AS OPPOSED TO JUST HAVING IT ALL CONCENTRATED IN SUB AREA.
A UH, 20% OF THE ROOF WOULD BE COVERED WITH IMPROVEMENTS TO MINIMIZE HEAT PRODUCTION SUCH AS LIGHT COLORED ROOF MATERIALS.
UH, THERE'S A REQUIREMENT FOR A MINIMUM OF 30% TRANSPARENCY FOR STREET FACING FACADE UP TO 30 FEET IN HEIGHT.
AND THAT BLANK FACADES LONG THAN 30 FEET ARE PROHIBITED AND REQUIRE HORIZONTAL OR VERTICAL ARTICULATION.
THOSE TWO ARE FOR SUB AREA A FOR THE NEW DEVELOPMENT, NOT FOR THE EXISTING BUILDINGS.
UM, A MINIMUM OF 5,000 SQUARE FEET OF GROUND FLOOR RESERVED FOR RETAIL PERSONAL SERVICE USES.
THAT WOULD BE FOR THE NEW BUILDING.
AND THAT'S JUST TO PROVIDE, I GUESS, PEDESTRIAN STREET LEVEL ACTIVATION REALLY GET THAT WHOLE AREA BUZZING.
ADDITIONALLY, THERE'S UH, PROPOSED CONDITIONS.
THESE ARE SOME OF THE NEWER ONES THAT WERE ADDED IN FOR THE SCORECARD, UH, REQUIRING URBAN GARDENS APIARIES OR, YOU KNOW, UH, B UH, BEEHIVES I GUESS OR BEEKEEPING BUTTERFLY, INSECT CONSERVATORIES AND HABITAT GARDENS.
UH, A SPECIMEN TREE, WHICH IS SHOWN IN THE UPDATED LANDSCAPE PLAN AND ADDITIONAL TREE PLANTINGS, REUSE OF EXISTING PARKING STRUCTURE FOR REQUIRED OFF-STREET PARKING.
SO THAT'S A REQUIREMENT IN THERE THAT, UM, IF THEY UTILIZE SOME OF THE EXISTING UNDERGROUND PARKING, THE MORE THAT THEY UTILIZE IT, UH, GIVES 'EM EXTRA POINTS ON THE SCORECARD.
UM, OUR TYPICAL 10% OPEN SPACE REQUIREMENT THAT WE SEE IN MOST OF THESE M-I-H-D-B PROJECTS AND ALSO INTERESTINGLY, UH, LEAD CERTIFICATION.
SO, UH, POINTS ARE PROVIDED FOR ATTAINING LEAD CERTIFICATION FROM THE, UH, BASE LEVEL LEAD ALL THE WAY TO PLATINUM.
FINALLY, THERE'S THE MIXED INCOME HOUSING COMPONENT.
THE APPLICANT IS PROPOSING 5% OF THE UNITS BE AVAILABLE AT 81 TO A HUNDRED PERCENT OF A MFI STAFF.
DOES RECOMMEND THAT THE INCOME BAN BE PUT AT 61 TO 80% OF THE MFI BASED ON THE MVA CATEGORY OF D UH, JUST AS KIND OF PART OF, UH, CITY SORT OF, UH, INITIATIVE OR POLICY TO TRY AND HAVE, UH, UH, MIX OF INCOMES BASED ON THE MVA AREAS STAFF'S RECOMMENDATION IS APPROVAL SUBJECT TO, IT'S GONNA BE TOUGH.
SO SUBJECT OF THE CONCEPTUAL PLAN, THE DEVELOPMENT PLAN, THE SUB AREA A LANDSCAPE PLAN IS BRIEFED THE SUB AREA B LANDSCAPE PLAN AND STAFF'S RECOMMENDED RECOMMENDED CONDITIONS AS BRIEFED.
AND WITH THAT, I'LL OPEN THE FLOOR TO QUESTIONS.
QUESTIONS COMMISSIONER HAMPTON, JUST ONE POINT OF CLARIFICATION
[01:50:01]
ON THE LANDSCAPE PLAN FOR SUBAR B, THE ONLY CHANGE IS TO ADD SUB AREA A, IS THAT CORRECT? SO ON THE LANDSCAPE PLAN, SO TO BE, TO BE CLEAR, THE, THE WAY IT KIND OF BREAKS DOWN IS WE'VE GOT THE PDS, THE SUBDISTRICT, IT BREAKS THOSE DOWN INTO TWO SUB AREAS WITH A CONCEPTUAL PLAN.THE SUB AREA B LANDSCAPE PLAN, IT ONLY IS FOR SUB AREA B, SO IT DOES NOT INCORPORATE ANY OF THE CHANGES THAT ARE IN SUB AREA A.
THERE'S A SEPARATE LANDSCAPE PLAN FOR SUB AREA B, WHICH IS JUST EVERYTHING THAT IS ON THE GROUND AS IS TODAY.
AND THEN SUB AREA A WHERE ON THE TIP, UH, THE, THE TIP OF THE PIE, UH, THAT'S THE NEW LANDSCAPING.
DOES THAT ANSWER YOUR QUESTION? WELL, I'M GONNA TRY ONE MORE TIME.
THE ONLY CHANGE TO THE PLAN IS TO ADD THE DESIGNATION FOR SUB AREA A.
YEAH, AND I WANNA CLARIFY ON THE, UM, SCORECARD THE APPLICANTS CAN GET ADDITIONAL POINTS IF THEY ACHIEVE SILVER, GOLD, OR PLATINUM LEAD.
'CAUSE THE BUILDING CODE RIGHT NOW GIVES 'EM THE OPPORTUNITY TO CHOOSE BETWEEN BASE LEAD AND A DIFFERENT STANDARD.
AND SO THAT'S NOT PART OF WHAT IS ON THE SCORECARD, CORRECT? CORRECT.
ANY OTHER QUESTIONS, COMMISSIONERS? OKAY, NEXT CASE IS, UH, 29.
NEED THAT BRIEFED? MAY I ASK A CLARIFICATION OF STAFF PLEASE? AND WE MAY NEED TO HAVE IT BRIEF, BUT I'LL DEFER TO MR. PEPE.
IS IT CORRECT THAT YOU RECEIVED SOME ADDITIONAL, UM, CONDITIONS FROM THE APPLICANT? AND I WILL APOLOGIZE FOR THE LATENESS OF THOSE BEING TRANSMITTED TO STAFF? YES, WE RECEIVED SOME AFTER HOURS, UH, LAST NIGHT.
AND HAVE YOU HAD A CHANCE TO REVIEW THOSE? NOT, NOT A FULL REVIEW.
I POINTED OUT A COUPLE THINGS THAT I NOTICED, BUT I WOULDN'T CONSIDER IT A TOTAL REVIEW.
AND SO, UM, AND I KNOW THE APPLICANT WILL BE HERE, WOULD IT BE APPROPRIATE TO HAVE THEM RUN THROUGH WHAT THOSE CHANGES ARE? THAT WOULD BE GREAT IF THEY COULD.
THANK YOU, MR. CHAIR, YOU DON'T WANNA BRIEF? OKAY.
UNLESS OTHER COMMISSIONERS HAVE QUESTIONS? ANY QUESTIONS OR REQUEST FOR BRIEF ON THIS ONE? COMMISSIONER 29.
30 HAS BEEN WITHDRAWN BY THE APPLICANT.
HOW ABOUT 31? WE NEED TO BRIEFED.
COULD YOU REMIND ME AGAIN WHEN THE CURRENT SUP EXPIRED, HOW LONG IT'S BEEN EXPIRED? THANK YOU.
THIS ONE HAS AN EXISTING, UH, SUP IF WE'RE TALKING ABOUT, YEAH, THIS HAS AN EXISTING SUP NUMBER 2 1 0 7.
SO THAT SUP REMAINS IN EFFECT RIGHT NOW.
IT WAS MY UNDERSTANDING THAT THE SEP HAD EXPIRED AND THE OWNER HAD FORGOT TO SUBMIT THE RENEWAL.
BUT YOU'RE SAYING THAT, UH, IT, IT, IT IS NOT EXPIRED.
SO WHAT THEY MISSED WAS THEIR AUTO RENEWAL WINDOW.
SO YOU BASICALLY, IF YOU RECEIVE AUTO RENEWAL, UM, THROUGH YOUR ORDINANCE, YOU HAVE TO APPLY A LITTLE EARLIER, WITHIN A VERY SPECIFIC WINDOW TO KEEP YOUR AUTO RENEWAL OF YOUR SAP GOING.
IF YOU MISS THAT, THEN YOU HAVE UNTIL THE DATE OF THE S'S EXPIRATION.
SO FOR REFERENCE, IT'S A FEW MONTHS BACK.
YOU HAVE TO SUBMIT YOUR AUTO RENEWAL.
THEY MISSED THEIR AUTO RENEWAL WINDOW.
THEY DID NOT MISS THEIR RENEWAL WINDOW.
SO YOU KNOW, THEY HAVE NOT BEEN OPERATING, YOU KNOW, WITH A NON, WITH AN EXPIRED SUP.
THEY STILL HAVE THEIR, THEIR VALID SUP NUMBER 2 1 0 7.
THANK YOU, COMMISSIONER FORZA.
ANY OTHER QUESTIONS ON THIS ITEM? COMMISSIONERS.
OKAY, SO I BELIEVE THAT THAT IS IT.
UH, ANY OTHER QUESTIONS? OUTSTANDING QUESTIONS BEFORE WE BREAK FOR LUNCH? OKAY, IT IS 1116 AND THAT CONCLUDES THE BRIEFING OF THE DALLAS CITY PLAN COMMISSION.
[01:55:01]
SHARP.[CALL TO ORDER]
CAN YOU PLEASE START US OFF WITH THE ROLL CALL? GOOD AFTERNOON COMMISSIONERS.DISTRICT ONE COMMISSIONER SCHOCK, DISTRICT TWO.
COMMISSIONER HERBERT, DISTRICT FOUR.
COMMISSIONER FRANKLIN PRESENT? DISTRICT NINE.
COMMISSIONER HAWK DISTRICT 13.
COMMISSIONER HALL? IS IT DISTRICT 14? COMMISSIONER KINGSTON AND PLACE 15 VICE CHAIR RUBIN? I'M HERE.
GOOD AFTERNOON LADIES AND GENTLEMEN.
TODAY IS THURSDAY, FEBRUARY 6TH, 2020 5, 12 30 4:00 PM WELCOME TO OUR HEARING OF THE DALLAS CITY PLAN COMMISSION.
A COUPLE OF QUICK ANNOUNCEMENTS BEFORE WE GET STARTED.
OUR SPEAKER GUIDELINES, ALL SPEAKERS WILL RECEIVED TWO MINUTES TO SPEAK PER OUR RULES.
IN CASES WHERE THERE IS OPPOSITION, THE APPLICANT WILL GET A, UH, THREE MINUTE REBUTTAL.
UM, ALSO WE DO HAVE SOME SPEAKERS ONLINE.
REMIND ALL OF OUR SPEAKERS ONLINE TO PLEASE HAVE YOUR CAMERAS ON AND WORKING STATE LAW REQUIRES THAT WE SEE YOU IN ORDER TO HEAR FROM YOU.
AND UH, LASTLY, THERE IS A, UH, A PLAN INTERNET OUTAGE AT 8:00 PM SO, UH, THIS HEARING WILL CONCLUDE BEFOREHAND.
AND THEN WE ALSO HAVE AN ANNOUNCEMENT ABOUT THE POWER.
YEAH, I ALSO WANTED TO LET THE COMMISSIONER AND THE PUBLIC KNOW THAT THERE WILL BE A PLANNED, UH, POWER ELECTRICAL OUTAGE FOR MAINTENANCE IN THE BUILDING THAT WILL START AT 6:00 PM UH, ACCESS TO THE ELEVATORS.
AND THIS ROOM WILL NOT BE IMPACTED.
HOWEVER, OTHER AREAS OF THIS, OF THE, OF THE CITY HALL, THE BUILDING WILL BE IMPACTED.
SO I JUST WANTED TO KEEP TO PUT IT UNDER YOUR RADAR.
I'M HOPING WE WON'T HAVE ANY TECHNICAL ISSUES, BUT KEEP IN MIND THAT BY 6:00 PM THE BUILDING WILL GO A LITTLE BIT DARKER AND ONLY THIS ROOM WILL BE LIGHT.
IT GIVES US SOME, IN SOME INCENTIVE TO BE DONE BEFORE SIX.
[Zoning Cases - Consent]
SO WE'RE GONNA GO AHEAD AND GET STARTED.UH, THERE ARE SOME AGENDAS HERE IF YOU NEED 'EM.
THEY'RE AT THE TABLE HERE TO THE RIGHT.
ALSO THERE YOU WILL FIND THESE LITTLE YELLOW FORMS. UH, WOULD PLEASE ASK YOU AT SOME POINT DURING OUR HEARING TO MAKE SURE THAT YOU FILL ONE OF THESE OUT AND JUST LEAVE IT THERE ON THE TABLE.
WE'LL BEGIN WITH OUR ZONING CONSENT AGENDA ITEMS CONSISTING OF CASES ONE THROUGH 24.
UH, AT THIS POINT, MANY OF THOSE HAVE COME OFF CONSENT AND WILL BE HEARD INDIVIDUALLY.
THAT LEAVES THE CONSENT AGENDA AT THIS MOMENT WITH THE FOLLOWING CASES, 6, 7, 10, 12, 14, 15, AND 21.
THOSE SIX CASES WILL BE DISPOSED OF IN ONE MOTION, UNLESS THERE IS SOMEONE HERE THAT WOULD LIKE TO SPEAK ON ANY OF THOSE CASES.
6, 7, 10, 12 14, 15 OR 21 7 CASES.
IS THERE ANYONE HERE THAT WOULD LIKE TO BE HEARD ON ANY OF THOSE SEVEN CASES? 6 7 10 12 14, 15 21.
OKAY, WE'LL READ THOSE IN PLEASE.
IT'S AN APPLICATION FOR AN AMENDMENT FOR, UH, AND RENEWAL OF SPECIFIC USE PERMIT NUMBER 2 4 5 1 FOR ABOUT BAR LOUNGER TAVERN AND A COMMERCIAL AMUSEMENT INSIDE, LIMITED TO A LIVE MUSIC VENUE ON PROPERTY ZONE DETRACT A WITHIN PLAN DEVELOPMENT DISTRICT NUMBER 2 69.
THE DEPOT L NEAR EAST SIDE SPECIAL PURPOSE DISTRICT ON THE SOUTH LINE OF ELM STREET, WEST OF CROWDS STREET.
STAFF RECOMMENDATION IS APPROVAL FOR A FIVE YEAR TIME PERIOD, UH, SUBJECT TO AMENDED CONDITIONS.
IT'S AN APPLICATION FOR THE AMENDMENT AND RENEWAL OF SPECIFIC USE PERMIT NUMBER 2 5 1 11 FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE GENERAL MERCHANDISER FOOD STORE, 3,500 SQUARE FEET OR LESS ON PROPERTIES OWNED AC COMMUNITY RETAIL DISTRICT WITH A D ONE DUCKER CONTROL OVERLAY ON THE NORTHWEST CORNER OF LAKE JUNE ROAD AND JIM MILLER ROAD.
STAFF RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL FIVE YEAR PERIOD SUBJECT TO AMEND CONDITIONS.
[02:00:02]
ITEM 10 IS AN APPLICATION FOR THE AMENDMENT, UH, AND RENEWAL OF SPECIFIC USE NUMBER.UH, THAT'S CASE NUMBER Z 2 3 4 3 51 FOR AN AN OPEN ENROLLMENT CHARTER SCHOOL ON PROPERTY ZONED R SEVEN FIVE, A SINGLE FAMILY DISTRICT ON THE SOUTHWEST CORNER OF WEST ILLINOIS AVENUE IN CHALMERS STREET ON THE SOUTH LINE OF BAKERSFIELD STREET IN THE NORTH LINE OF ANGLO AVENUE.
STAFF RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL FIVE YEAR PERIOD, SUBJECT TO AN ADDITIONAL AND AMENDED SITE PLAN AND AMENDED TRAFFIC MANAGEMENT PLAN AND CONDITIONS AS BRIEFED 12 IS Z 2 4 5 1 2 3.
IT'S AN APPLICATION FOR THE AMENDMENT AND RENEWAL OF SPECIFIC USE PERMIT.
2 2 8 4 FOR A TATTOO STUDIO AND PROPERTY ZONE SUBDISTRICT ONE A IN PLAN DEVELOPMENT DISTRICT NUMBER 2 6 2 1, THE OLD TRINITY AND DESIGN DISTRICT SPECIAL PURPOSE DISTRICT ON THE SOUTH LINE OF PARK HOUSE STREET ON NORTH LINE OF CONTINENTAL AVENUE, WEST OF CORE STREET.
RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC AND RENEWALS WITH ADDITIONAL FIVE YEAR PERIODS SUBJECT TO A SITE PLAN AND CONDITIONS.
IT'S AN APPLICATION FOR AN AMENDMENT TO POLAND DEVELOPMENT DISTRICT NUMBER 8 2 2 ON PROPERTY BOUND BY FORNEY ROAD, WIMBLEDON WAY, CHARIOT DRIVE IN LOMAX DRIVE.
STAFF RECOMMENDATION IS APPROVAL SUBJECT TO AN AMENDED DEVELOPMENT PLAN, AMENDED CONDITIONS AND 15 IS Z 2 3 4 3 2 9.
IT'S AN APPLICATION FOR AN AMENDMENT TWO AND RENEWAL OF SPECIFIC USE PERMIT NUMBER 2 3 9 2 3 9 2 FOR AN ALCOHOLIC BEVERAGE ESTABLISHMENT LIMITED TO A BAR, LOUNGE OR CAVERN AND A COMMERCIAL AMUSEMENT INSIDE LIMITED TO A DANCE HALL AND PROPERTIES OWNED IN FWMU THREE FORUM WALKABLE MIXED USE DISTRICT WITHIN PLAN DEVELOPMENT DISTRICT NUMBER 5 9 5.
THE SOUTH DALLAS FAIR PARK SPECIAL.
HER DISTRICT WITH AN SH SHOPFRONT OVERLAY ON THE NORTHEAST CORNER OF BOHAM JOHN BOULEVARD AND SOUTH BOULEVARD STAFF.
RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWAL FOR ADDITIONAL FIVE YEAR PERIOD, SUBJECT TO A SITE PLANNING CONDITIONS.
IT'S AN APPLICATION FOR A PLAN DEVELOPMENT DISTRICT FOR TH THREE, A TOWNHOUSE DISTRICT, USAW PROPERTY ZONED A C COMMUNITY RETAIL DISTRICT WITH THE RESTRICTION Z 8 89 2 3 4 ON A PORTION BETWEEN MARSHALL LANE AND BETTY JANE LANE NORTH OF WALNUT HILL LANE.
SANFORD RECOMME RECOMMENDATION IS APPROVAL SUBJECT TO A CONCEPTUAL PLANNING CONDITIONS.
ANY QUESTIONS ON ANY OF THOSE SEVEN CASES? SEEING NONE, COMMISSIONER HAMPTON, DO YOU HAVE A MOTION? I DO.
THANK YOU MR. CHAIR, IN THE MATTER OF CONSENT, AGENDA ITEM 6, 7 10, 12 14, 15, 21.
I MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE PER STAFF RECOMMENDATION OR AS BRIEFED.
THANK YOU VERY, THANK YOU VERY MUCH, COMMISSIONER HAMPTON FOR YOUR MOTION AND COMMISSIONER HOUSE FOR YOUR SECOND.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
ANY, ANY THE OPPOSED MOTION PASSES? UH, BEFORE WE GET BACK TO THE ORDER OF THE AGENDA ON CASE NUMBER ONE, JUST A QUICK ANNOUNCEMENT THAT WE ARE GONNA BE TAKING SOME CASES OUT OF ORDER.
WE HAVE SOME, SOME MOVING PIECES.
SO WE, WE ARE GONNA BE MOVING FORWARD, UH, THE PEPPER SQUARE CASE AND ALSO THE D SEVEN CASES.
[1. 25-512A An application for a for an amendment to Planned Development District No. 655, on the southwest corner of Potters House Way and Truth Drive. Staff Recommendation: Approval, subject to a revised amended conceptual plan. Applicant: Michael Woods, Clay Academy, Inc. Representative: Caludio Segovia, Johnson Volk Consulting, Inc. Planner: Jenniffer Allgaier, M. Arch, AICP Council District: 3 Z245-148(JA/SAS)]
BUT WE'LL BEGIN WITH NUMBER ONE AND LET THE RECORD REFLECT THAT COMMISSIONER HERBERT HAS A CONFLICT ON THIS ITEM AND HAS LOGGED OFF.IT'S AN APPLICATION FOR AN AMENDMENT TO PLAN DEVELOPMENT DISTRICT NUMBER 6 5 5 ON THE SOUTHWEST CORNER OF POTTER POTTER'S HOUSE WAY AND TRUTH DRIVE.
STAFF RECOMMENDATION IS TO HOLD THE CASE UNDER ADVISEMENT.
UH, 2, 2 20 IF WE CAN SIX, WE CAN DO TWO 20, NO PROBLEM.
UH, IS THERE ANYONE HERE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? THIS CASE NUMBER ONE, PAGE ONE COMMISSION HAS ANY QUESTIONS FOR STAFF? SEEING NONE, COMMISSIONER HOUSEWRIGHT, DO YOU HAVE A MOTION, SIR? YES.
UM, I MOVE TO HOLD CASE Z 2 45 DASH 1 48 UNDER ADVISEMENT UNTIL FEBRUARY THE 20TH BECAUSE THE CITY PLAN COMMISSION FINDS THAT THE APPLICANT HAS NOT FULFILLED THE APPLICANT'S OBLIGATIONS UNDER SECTION 51 A DASH 1.106 REGARDING THE POSTING OF ZONING NOTIFICATION SIGNS BECAUSE THE APPLICANT HAS FAILED TO DEMONSTRATE TO THE SATISFACTION OF THE CITY PLAN COMMISSION THAT THE APPLICANT POSTED THE REQUIRED NUMBER OF NOTIFICATION SIGNS IN THE REQUIRED LOCATIONS AT LEAST 14 DAYS AFTER THE ZONING APPLICATION WAS FILED.
YEAH, I HAD ORIGINALLY HAD MARCH 6TH.
SO WE'RE GONNA, I'M GONNA AMEND MY MOTION TO STATE MARCH 6TH RATHER THAN FEBRUARY 20TH.
[02:05:01]
THANK YOU.THAT'S OKAY WITH COMMISSIONER HAMPTON.
COMMISSIONER CARPENTER IS A VOTE REQUIRED BY CPC TO DETERMINE THAT PROPER NOTIFICATION WAS NOT DONE? CAN YOU REPEAT YOUR QUESTION? UM, DOES A VOTE NEED TO OCCUR AT CPC PRIOR TO THIS, THIS MOTION TO DETERMINE THAT PROPER NOTIFICATION WAS NOT DONE? WELL, THIS MOTION CONTAINS THAT FINDING OF FACT, SO IT'S FINE.
ANY OTHER QUESTIONS? COMMISSIONERS? SEEING NONE OF THOSE IN FAVOR SAY AYE.
[2. 25-513A An application for a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store greater than 3,500 square feet on property zoned a CR Community Retail District with a D-1 Liquor Control Overlay, on the southeast corner of Simpson Stuart Road and Bonnie View Road. Staff Recommendation: Approval for a five-year period, subject to a site plan and conditions. Applicant: Regus Property 1, LLC Representative: Karl A. Crawley, MASTERPLAN Planner: Connor Roberts Council District: 8 Z234-334(CR)]
GO TO CASE NUMBER TWO, THE CHAIR? YES SIR.CASE TWO IS AN A CASE TWO IS AN APPLICATION FOR SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A GENERAL MERCHANDISER FOOD STORE GREATER THAN 3,500 SQUARE FEET ON PROPERTY.
ZONED A CR COMMUNITY RETAIL DISTRICT WITH A D ONE LIQUOR CONTROL OVERLAY ON THE SOUTHEAST CORNER OF SIMPSON, STEWART ROAD AND BONNIE V ROAD STAFF RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD SUBJECT TO A SITE PLAN AND CONDITIONS.
I SEE THAT THE APPLICANT IS HERE.
CARL CROWLEY, 22 1 MAIN STREET, DALLAS, TEXAS.
UM, THIS IS A A, A NEW SUP AND I'M GONNA GIVE A QUICK STORY OBVIOUSLY.
UM, THIS, UH, WAS ORIGINALLY APPROVED IN 2011, UM, FOR TWO YEARS WAS RENEWED IN 2013 AND AN AUTOMATIC RENEWAL PUT ON THERE.
THEN IN 18 WE RENEWED IT AGAIN TO 23.
UH, SOMEWHERE IN THE INTERIM, BETWEEN 18 AND 23, THE OWNERSHIP OF THE PROPERTY CHANGED.
THE STAFF SENDS OUT A COURTESY SORT OF REMINDER.
UH, WELL THAT WENT TO AN OLD OWNER.
UM, SO THEY REACHED OUT TO US AND WE'D DONE ALL THE SERIES.
OUR FIRM HAD DONE ALL THE SERIES OF 11, 13, 18.
ALL THOSE, UH, REACHED OUT AND SAID, HEY, WE'VE DISCOVERED THAT WE EXPIRED, WHICH I IMMEDIATELY SAID, QUIT SELLING BEER AND WINE, WHICH TABC, THEY'RE STILL LEGAL WITH A-T-A-B-C, BUT THEY'RE NOT LEGAL WITH THE CITY DALLAS.
SO THEY QUIT SELLING BEER AND WINE.
UH, SO I THINK THAT WAS ONE OF THE QUESTIONS THAT CAME UP THIS MORNING.
UM, THE OTHER THING WAS A C-STORE REGISTRATION.
I HAVE A COPY OF IT HERE IF YOU, SO, UM, OTHERWISE, UH, THEY HAVE NO TABC VIOLATIONS.
UM, THE OPERATOR WASN'T AWARE OF ANY CRIME ISSUES AND STUFF, SO YES, THEY DIDN'T RENEW IN A TIMELY MANNER, BELIEVE ME.
THEY, THEY WISHED AFTER I EXPLAINED THE PROCESS TO 'EM AND THE TIMEFRAME AND THE FACT THAT IT HADN'T BEEN SELLING BEER AND WINE SINCE AUGUST
I UNDERSTAND THE STAFF NOT PUTTING AUTOMATIC RENEWAL IN THERE.
IT'S, THAT'S A, THE PRICE YOU PAY FOR NOT LOOKING AT YOUR CALENDAR AND STUFF.
SO I'M HERE TO ASK THAT YOU, UM, ISSUE OR GRANT THIS SUPA RECOMMENDATION TO GRANT THIS SUP.
UM, WE'LL PUT IT ON OUR CALENDARS TOO,
BUT OTHERWISE, UM, THE STORE HASN'T CHANGED.
IT'S, IT'S, I'VE BEEN OUT THERE A FEW TIMES.
IT'S A WELL KEPT LITTLE, UH, END OF A STRIP CENTER, SHALL WE SAY, WITH SOME OTHER OPERATORS THERE.
SO OTHERWISE, I'M HERE TO ANSWER ANY QUESTIONS YOU HAVE.
IS THERE ANYONE ELSE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? QUESTIONS FOR MR. CROWLEY? COMMISSIONER FRANKLIN? YES, IT'S A PLEASURE TO MEET YOU, MR. CROWLEY.
UH, ARE YOU AWARE OF WHETHER THE OWNER HAS A, A TRESPASSING AFFIDAVIT FILED OH, OH, SO THAT THE POLICE CAN THEN, UH, THAT, THAT SCENARIO? I, YOU KNOW, I, I I DIDN'T EVEN THINK TO ASK THAT.
I I CAN'T GET YOU THE ANSWER IMMEDIATELY, BUT, BUT I WILL INFORM HIM HE SHOULD BECAUSE THAT JUST, IT'S ONE OF THOSE KIND OF MAKES SENSE KIND OF DEALS.
I'M, I'M PRETTY FAMILIAR WITH THAT, THE INTERSECTION THERE.
SO IT WAS SURPRISING TO HEAR THAT, UH, THE OWNER WASN'T AWARE OF ANY CRIME IN THAT AREA, UM, BECAUSE YEAH.
THE, THE FACTS SUGGEST OTHERWISE.
WELL, UH, YEAH, I, I'M, I'M, HE, THE OPERATOR WASN'T AWARE OF, OF THE, OF ANY CRIMES THAT THAT WOULD BE ASSOCIATED WITH HIS STORE.
UH, IS THERE A CRIME IN THAT AREA? I'M, I'M SURE THERE IS.
NOW, I MEAN, SPECIFICALLY THAT CORNER OF BON NEW VIEW AND SIMPSON STEWART, UM, I MEAN, I HAVE NOT SEEN ANY CRIME STATS TO GET THE, THE REAL DATA, BUT ANECDOTALLY BEING FROM THAT AREA, LIVING THERE, IN FACT VISITING THAT STORE IN THE, UH, ADJACENT STORES, UM, I'M, I'M PRETTY FAMILIAR, UH, WITH THE, UM, THE HAPPENINGS.
UH, DO YOU KNOW WHETHER OR NOT THE, THE OWNER KNOWS THE NPOS FOR THE AREA, THAT NEIGHBORHOOD? UH, YOU KNOW, UM, I'M JUST DEALING WITH THE OPERATOR AND STUFF, NOT THE OWNER OF THE PROPERTY.
UM, I, I, I WAS HIRED BY THE TENANT.
WHO, WHO HAS THE, I GUESS THE, THE LIQUOR LICENSE
[02:10:01]
THATT VC LICENSE? SO I, I'M NOT AWARE OF IT.UM, HE, HE SAID HE HASN'T HAD ANY PROBLEMS WITH, WITH CRIME AT HIS STORE, LIKE IN, YOU KNOW, A BIG ISSUE AND STUFF.
OB OBVIOUSLY THERE'S LOITERING AND OTHER PROBLEMS THAT I'M SURE THAT MAY BE THERE.
BUT, UM, AND, AND I TOO HAVEN'T SEEN THE CRIME STATISTICS EITHER.
MR. CARLA, YOU MENTIONED THAT THE, UM, SUP WAS EXPIRED AND THAT THEY WERE NO LONGER, UM, SELLING ALCOHOL.
UM, WHEN DID THE SUP EXPIRE? IT WOULD'VE EXPIRED IN AUGUST OF 23.
AND SO, SO THEY, THEY DIDN'T REALIZE IT FOR ALMOST PROBABLY EIGHT MONTHS OR SO, AND WE'RE PROBABLY STILL SELLING ALCOHOL AT THAT TIME.
AS SOON AS THEY CONTACTED US, I SAID, STOP.
SO THERE WAS A PERIOD WHEN THEY WERE SELLING IT, THEY REALIZED THEY SH THEY SHOULDN'T, THEY'RE NOW NOT SELLING.
UM, WE'D ALSO ASKED A QUESTION AT THE BRIEFING IF THEY WERE CURRENT WITH THEIR C-STORE LICENSE.
ARE YOU AWARE OF THAT? YEAH, AND I, I HAVE A, THEY SENT ME A COPY OF IT, SO THANK YOU.
AND THEN I NOTICED THAT, UM, THE RECOMMENDATION IS FOR A FIVE YEAR PERIOD.
IS THAT WHAT YOU HAD REQUESTED IN THE APPLICATION? YEAH, I, I, I PROBABLY DID REQUEST IT.
I I TOOK THE AUTOMATIC RENEWAL PORTION OUT THOUGH.
AND I MEAN, OBVIOUSLY SINCE THEY HAD A LITTLE BIT OF A TROUBLE GETTING THIS ON THEIR CALENDARS AND TRYING TO MAKE SURE THAT THEY WERE STAYING COMPLIANT, IS THAT SURE.
I MEAN, I I THINK YOU'VE HEARD, UH, CONVERSATIONS MAYBE AROUND THIS HORSESHOE WHERE THERE'S SOMETIMES SOME CONCERNS ABOUT MAKING SURE THAT, UM, THE APPLICANT IS UP TO DATE AND, AND ABLE TO TRACK THESE THINGS.
UH, YOU KNOW, IF, IF, IF YOU FEEL AS THE COMMISSION, UH, THAT IT'S APPROPRIATE FOR LESS TIME PERIOD, I UNDERSTAND THAT.
AND LIKE I SAID, I'M PUTTING IT ON MY CALENDAR NOW.
I MAY NOT STILL BE AT MASTER PLAN IN FIVE YEARS, UM, BUT WE'LL PUT IT ON OUR CALENDAR.
IT'S NOTHING ELSE
THAT IF NOTHING ELSE, UM, THE, THE, WE WILL REMIND HIM TOO, AND EVEN IF IT'S TWO YEARS OR THREE YEARS.
AND THE, THE FORTUNATE THING IS, AND I'VE TALKED TO OTHER COMMISSIONERS ABOUT THAT WITH SHORT TIME PERIODS.
IT'S NOT LIKE I'M BUILDING A STORE.
SO, SO TWO YEARS WOULD, UM, WOULD BE A, UM, A STICK TO GO ALONG WITH THE CARROT, I THINK, IF THAT MAKES SENSE.
AND FINAL QUESTION, YOU MAY HAVE HEARD AT THE BRIEFING, UM, WITH THE RESIDENTIAL ADJACENCY, WAS THERE ANY CONSIDERATION OF ENHANCED FENCING OR SCREENING, UM, THAT JUST ACKNOWLEDGED THAT YOU DO HAVE NEIGHBORS IMMEDIATELY ADJACENT TO THE PROPERTY? YOU KNOW, UM, I I, I DON'T KNOW IF THAT EVER CAME UP IN ANY OF OUR CONVERSATIONS.
UH, I ASSUME YOU THE BACK OF THE PROPERTY IN THAT SENSE, CORRECT? YEAH, BECAUSE THERE'S MULTIFAMILY BEHIND US.
AND THERE'S NOTHING REALLY THERE TODAY.
IS THAT FAIR? IT LOOKED LIKE THERE WAS A DRIVE AISLE AND SURE.
AND, AND IS LOADING HAPPENING AT THE REAR OF THE PROPERTY? UM, I ACTUALLY, PROBABLY NOT BECAUSE MOST C STORES, THEY, THEY PULL UP FROM THE FRONT AND THEY LOAD THROUGH THE FRONT DOOR.
ANY OTHER QUESTIONS? YES, COMMISSIONER WEER, IS IT TRUE THAT THERE IS ANOTHER STRIP MODEL, UH, A STRIP TYPE OF, UH, COMMERCIAL PROPERTY THAT'S BEHIND, THAT'S, UH, THAT'S BETWEEN THE APARTMENT COMPLEX AND THE GAS STATION? I'M NOT AWARE OF ONE BETWEEN THE TWO IS, WHICH ONE IS THIS? WE'RE ON THE HARD CORNER OF, THE CORNER OF, UH, BONNIE VIEW AND SIMPSON STEWART, WHICH WOULD BE THE OPPOSITE SIDE OF THE GROCERY STORE.
IF THEY WENT NORTH AND SOUTH DIRECTLY.
I GUESS THAT'S SORT OF SOUTHEAST, YOU MEAN
IS THAT THE ONE ON SIMPSON? SO YOU'RE ON THE SIDE OF THE GROCERY STORE WHERE THE GROCERY STORE IS AT? YEAH, THAT'S NEXT, THAT'S NEXT TO US BECAUSE YOU'RE ON THE GROCERY STORE SIDE ON SIMPSON STEWART.
IT HAS A, UH, AS I RECALL, A T-MOBILE OR SOME WIRELESS STORE, ANOTHER COUPLE LITTLE STORES IN THE STRIP.
SO YOU'RE ON THE OPPOSITE SIDE.
SO YOU, I THINK YOU'RE IN FRONT OF THE GREENS.
LEMME MAKE SURE WE'RE ON THE SAME SIDE OF SIMPSON STEWART AS THE LITTLE GROCERY STORE.
ANY OTHER QUESTIONS FOR MR. CRAWLEY? QUESTIONS FOR STAFF? I SEEING NONE.
COMMISSIONER FRANKLIN, DO YOU HAVE MOTION? YES, I DO.
MR. CHAIR, I MOVE TO KEEP THE PUBLIC HEARING OPEN AND HOLD THIS MATTER UNDER ADVISEMENT UNTIL THE MARCH 6TH MEETING.
COMMISSIONERS, WE HAVE A MOTION AND A SECOND TO KEEP THE PUBLIC HEARING OPEN.
HOLD THE MATTER UNDER ADVISEMENT UNTIL MARCH 6TH.
ANY DISCUSSION? SEEING NONE OF THOSE IN FAVOR, SAY AYE.
[3. 25-514A An application for a Specific Use Permit for a commercial amusement (inside) on property zoned Planned Development District No. 619, on the north line of Main Street, east of South Akard Street. Staff Recommendation: Approval for a five-year period with eligibility for automatic renewals for additional five-year periods, subject to conditions and a site plan. Applicant: Hospitality Alliance 1519 Main, LLC Representative: Rob Baldwin, Baldwin Associates, LLC Planner: Connor Roberts Council District: 14 Z234-336(CR)]
THREE, LET THE RECORD REFLECT THAT COMMISSIONER[02:15:01]
NIGHTINGALE HAS A CONFLICT ON THIS ITEM AND IS STEPPING OUT OF THE CHAMBER.OKAY, ITEM NUMBER THREE IS AN APPLICATION FOR SPECIFIC USE PERMITS FOR COMMERCIAL AMUSEMENT INSIDE ON PROPERTY ZONE PLAN DEVELOPMENT DISTRICT NUMBER SIX 19 ON THE NORTH LINE OF MAIN STREET, EAST OF SOUTH AKRON STREET.
SAS RECOMMENDATION IS APPROVAL FOR A FIVE-YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL FIVE YEAR PERIODS, SUBJECT TO CONDITIONS AND A SITE PLAN.
ROB BALDWIN, 3 9 0 4 EL STREET SUITE.
BE REPRESENTING THE PROPERTY OWNER AND, UH, PROPOSED TENANT IN THIS LOCATION.
UH, THE, THE TENANT IS A HOSPITALITY ALLIANCE, A WELL-KNOWN, UH, ENTERTAINMENT GROUP, UH, WHO PREVIOUSLY OPERATED THE CONCESSIONS AT THE AT AND T CENTER, UH, DOWNTOWN, AND AS WELL AS CURRENTLY OPERATING THE, THE TOYOTA MUSIC, UH, VENUE IN IRVING.
THIS WILL NOT BE A LIVE MUSIC VENUE.
THIS IS INTENDED TO BE LIKE A, A WEDDING VENUE OR PLACES WHERE DURING CONVENTIONS PEOPLE CAN RENT OUT AND HOST, UH, GET TOGETHERS.
SO, UM, WE THINK IT'S A GOOD USE OF THE PROPERTY.
WE HAVE SUPPORT OF OUR NEIGHBORS AND DOWNTOWN DEVELOPMENT INC.
UM, WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
IS THERE ANYONE ELSE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? QUESTIONS FOR MR. BALDWIN.
QUESTIONS FOR STAFF? SEEING NONE.
COMMISSIONER KINGSTON, DO YOU HAVE A MOTION? I DO IN THE MATTER OF Z 2 3 4 DASH 3 3 6.
I MOVE THAT WE CLOSE THE PUBLIC HEARING AND FOLLOW STAFF'S RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING TWO CHANGES.
ONE, UM, NO OUTDOOR AMPLIFIED SOUND WILL BE PERMITTED, AND TWO, THERE WILL BE NO, UM, AUTOMATIC RENEWAL.
THANK YOU COMMISSIONER KINGSTON FOR YOUR MOTION AND COMMISSIONER HAMPTON FOR YOUR SECOND.
ANY DISCUSSION? OKAY, WE HAVE A MOTION TO SECOND TO, UH, CLOSE UP OF A HEARING FILE.
STAFF RECOMMENDATION OF APPROVAL FOR A FIVE YEAR PERIOD, NO AUTOMATIC RENEWALS AND NO OUTDOOR SOUND SUBJECT CONDITIONS AND A SITE PLAN.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
ANY OPPOSED? THE AYES HAVE IT.
[4. 25-515A An application for the amendment to and renewal of Specific Use Permit No. 2115 for an office showroom/warehouse on property zoned Subdistrict 2 within Planned Development No. 535, the C. F. Hawn Special Purpose District No. 3, on the north line of Rylie Crest Drive, east of South St. Augustine Drive. Staff Recommendation: Approval for a five-year period with eligibility for automatic renewals for additional ten-year periods, subject to amended conditions. Applicant: Home Lighting & Automation LC Representative: Andrew Ruegg, MASTERPLAN Planner: Connor Roberts Council District: 8 Z234-349(CR)]
GO TO NUMBER FOUR.ITEM NUMBER FOUR, CASE Z 2 3 4 DASH 3 4 9.
AND APPLICATION FOR THE AMENDMENT TWO AND RENEWAL OF SPECIFIC USE PERMIT NUMBER 2 115 FOR AN OFFICE SHOWROOM WAREHOUSE ON PROPERTY ZONE SUBDISTRICT TWO WITHIN PLAN DEVELOPMENT NUMBER 5 35.
THE CF HAN SPECIAL PURPOSE DISTRICT NUMBER THREE ON THE NORTH LINE OF RILEY COAST DRIVE, EAST OF SOUTH STREET, EAST OF SOUTH ST.
STAFF RECOMMENDATION IS APPROVAL FOR A FIVE-YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL 10 YEAR PERIODS.
SUBJECT TO AMENDED CONDITIONS.
I SEE THAT THE APPLICANT IS HERE.
2201 MAIN STREET, DALLAS, TEXAS 7 5 2 0 1.
UH, HERE REPRESENTING THE APPLICANT FOR THIS PARTICULAR SUP RENEWAL.
UM, THE APPLICANT HAS BEEN AT THIS LOCATION FOR 11 YEARS.
THEY ORIGINALLY GOT THEIR SUP BACK IN 2014, WENT THROUGH AN AUTOMATIC RENEWAL PERIOD FOR THEIR OFFICE.
THE APPLICANT'S BUSINESS TITLE IS H AND H ELECTRICAL, SO THEY HAVE A SECURED LOCATION WITH A, UM, FENCED IN WAREHOUSE AREA.
THEIR WAREHOUSE IS ACTUALLY KIND OF SET BACK CONSIDERABLY FROM RILEY CREST THE STREET.
THEY'RE FRONTING, UH, THIS IS IN A, UH, WAREHOUSE COMMERCIAL DISTRICT OF THE PD.
UH, SO WHAT WE'RE REQUESTING IS A LONGER TIME, TIME PERIOD, UH, SO THEY CAN CONTINUE THEIR BUSINESS.
I THINK THERE'S A QUESTION IN THE BRIEFING ABOUT, UH, THE SINGLE FAMILY RESIDENCE TO THE SOUTH, UH, DOUBLE CHECKED WITH THE OWNER TODAY AND THERE HASN'T BEEN ANY ISSUES IN THE 11 YEARS HE'S BEEN THERE.
UM, AND, AND, YOU KNOW, THEY'RE A GOOD OPERATOR AND WANT TO CONTINUE BEING, BEING ONE AT THIS LOCATION.
SO HAPPY TO ANSWER ANY QUESTIONS SHOULD THERE BE ANY.
IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM? QUESTIONS FOR MR. DREWETT? COMMISSIONER FRANKLIN? UH, YES.
UH, BASED ON WHAT YOU JUST SAID, THAT THERE HAS, THE OWNER HAS NOT RECEIVED ANY COMPLAINTS FROM THE NEIGHBORING, UH, RESIDENCE TO THE SOUTH.
HAS THERE BEEN ANY COMMUNITY ENGAGEMENT, UH, DIRECTLY FROM THE OWNER, UH, TO THE RESIDENCE? WE HAVEN'T ENGAGED IN ANY DIRECT, UH, COMMUNITY ENGAGEMENT.
HE'S BEEN THERE A LONG TIME OPERATING.
UM, AND I'VE ALSO DOUBLE CHECKED THE, UH, REPLY FORMS. WE HAD, YOU KNOW, ZERO IN OPPOSITION, ZERO IN SUPPORT.
UM, SO HE IS REALLY JUST TRYING TO CONTINUE THIS
[02:20:01]
SUP OPERATION, UM, YOU KNOW, INTO THE FUTURE AND KEEP RUNNING THE BUSINESS AND BEING PART OF THE NEIGHBORHOOD.ANY OTHER QUESTIONS FOR THE APPLICANT? COMMISSIONERS QUESTIONS FOR STAFF? SEEING NONE, COMMISSIONER FRANKLIN MOTION, SIR? UH, YES, MR. CHAIR.
I MOVE TO KEEP THE PUBLIC HEARING OPEN AND HOLD THIS MATTER UNDER ADVISEMENT UNTIL THE FEBRUARY 20TH IS THE NEXT CPC MEETING.
UNTIL THEN, THANK YOU COMMISSIONER.
I THANK YOU COMMISSIONER HOUSER FOR YOUR SECOND.
ANY DISCUSSION? SEEING NONE OF THOSE IN FAVOR, SAY AYE.
YOU OPPOSED? A MOTION CARRIES.
[5. 25-516A An application for the amendment to and renewal of Specific Use Permit No. 1981 for a bar, lounge, or tavern and a commercial amusement (inside) limited to a dance hall on property zoned Tract A within Planned Development No. 269, the Deep Ellum/Near East Side District, on the north line of Main Street, east of Malcolm X Boulevard. Staff Recommendation: Approval for a four-year period with eligibility for automatic renewals for additional four-year periods, subject to amended conditions. Applicant: 2911 Main, Ltd. Representative: Roger Albright Planner: Connor Roberts Council District: 2 Z234-353(CR)]
WE'LL GO TO CASE NUMBER FIVE.LET THE RECORD REFLECT THAT COMMISSIONER KINSTON HAS A CONFLICT ON THIS ITEM AND IS STEPPING OUT OF THE CHAMBER.
AN APPLICATION, OR PARDON ME? ITEM NUMBER FIVE, KC 2 3 4 DASH 3 53.
AN APPLICATION FOR THE AMENDMENT TWO AND RENEWAL OF SPECIFIC USE PERMIT NUMBER 1981 FOR A BAR, LOUNGE OR TAVERN AND COMMERCIAL AMUSEMENT INSIDE LIMITED TO ADVANCE HALL AND PROPERTY ZONE.
TRACKED A WITHIN PLAN DEVELOPMENT NUMBER 2 69.
THE DEEP EL NEAR EAST SIDE DISTRICT ON THE NORTH LINE OF MAIN, EXCUSE ME, MAIN STREET, EAST OF MALCOLM X BOULEVARD.
STAFF RECOMMENDATION IS APPROVAL FOR A FOUR YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL FOUR YEAR PERIODS SUBJECT TO ADMITTED CONDITIONS.
I SEE THAT THE APPLICANT IS HERE.
YOU NEED TO MAKE SURE YOU TURN ON THAT MICROPHONE.
UH, ROGER ALITE 1701 NORTH COLLINS RICHARDSON.
UH, THIS SUP WAS WRIGLEY GRANTED IN 2012.
SINCE THEN WE'VE HAD FIVE RENEWALS.
UH, WE'VE HAD NO OBJECTION TO ANY OF THOSE RENEWALS.
UH, WE'RE IN DEEP EL, THE DEEP EL FOUNDATION HAS SENT A LETTER OF SUPPORT.
WE HAVE NO OBJECTIONS FROM OUR NEIGHBORS.
I HAVE SPOKEN WITH, UH, UH, COMMISSIONER HAMPTON AND I KNOW, UH, SHE, I BELIEVE I DON'T SPEAK FOR HER, BUT, UH, THAT WE WOULD DO A, UH, FOUR AND A HALF YEAR PERIOD OF TIME FOR THE SUP AND THE REASON FOR THE EXTRA SIX MONTHS IS TO MAKE THE S-U-P-S-U-P PERIOD ALIGN WITH OUR LEASE PERIOD, UH, AND, UH, THAT THERE WOULD NOT BE ANY AUTOMATIC RENEWALS.
UH, AND WE HAVE NO OBJECTION TO ANY OF THOSE CASES.
I'M HAPPY TO ANSWER ANY QUESTIONS.
ANYONE ELSE LIKE TO BE HEARD ON THIS ITEM? COMMISSIONER'S QUESTIONS FOR MR. ALBRIGHT? WE DO.
IS MR. FAULKNER LINE JORGE? YES.
YES AM MR. FAULKNER, IF YOU CAN HEAR ME, SIR, WE'RE READY FOR YOUR COMMENTS.
UH, UH, MR. CARE, HE, HE'S THE OPERATOR AND I HAD HIM SIGN UP, BUT I DON'T THINK THERE'S ANY NEED FOR HIM TO SPEAK.
I'M SPEAKING FOR HIM SO THAT THAT'S, THAT THAT'S WHY HE IS ONLINE.
IF HE HAS SOMETHING TO ADD, YOU KNOW, WE'RE, WE'RE CLEARLY DO IT.
MR. FAULKNER, IF YOU'D LIKE TO ADD ANYTHING.
COMMISSIONERS, ANY QUESTIONS FOR THE APPLICANT? QUESTIONS FOR STAFF? SEEING NONE, COMMISSIONER HAMPTON, DO YOU HAVE A MOTION? I DO.
IN THE MATTER OF Z 2 34 DASH 3 53, I MOVE TO CLOSE THE PUBLIC HEARING, APPROVE THE REQUEST, UH, FOR A FOUR AND A HALF YEAR PERIOD WITHOUT, UM, AUTOMATIC RENEWALS, SUBJECT TO AMENDED CONDITIONS.
THANK YOU COMMISSIONER HAMPTON FOR YOUR MOTION.
COMMISSIONER CARPENTER FOR YOUR SECOND.
[8. 25-520A An application for the amendment and renewal of Specific Use Permit No. 370 for a child-care facility and a community service center on property zoned R-5(A) Single Family Subdistrict within Planned Development District No, 595, The South Dallas/Fair Park Special Purpose District, on the north corner of Leland Avenue and Marburg Street. Staff Recommendation: Approval for a ten-year period, subject to conditions. Applicant: Dallas Bethlehem Center Representative: Jami Russell Planner: Cherrell Caldwell Council District: 7 Z234-310(WK/CC)]
TO NUMBER EIGHT, COMMISSIONER.UM, ITEM NUMBER EIGHT IS AN APPLICATION FOR THE AMENDMENT AND RENEWAL OF SPECIFIC USE PERMIT NUMBER THREE 70 FOR A CHILDCARE FACILITY AND A COMMUNITY SERVICE CENTER ON A PROPERTY ZONE.
R FIVE SINGLE FAMILY SUBDISTRICT WITHIN PLAN DEVELOPMENT DISTRICT NUMBER 5 9 5, THE SOUTH DALLAS FAIR PARK SPECIAL PURPOSE DISTRICT ON THE NORTH CORNER OF LELAND AVENUE AND MARBURG STREET.
RECOMMENDATION IS APPROVAL FOR A 10 YEAR PERIOD SUBJECT TO CONDITIONS.
THANK YOU VERY MUCH MS. RUSSELL.
[02:25:01]
HERE THAT WOULD LIKE TO SPEAK ON THIS ITEM? THIS IS ITEM NUMBER EIGHT Z 2 34 3 10, PAGE THREE OF OUR AGENDA COMMISSIONERS.ANY QUESTIONS FOR STAFF ON THIS ITEM? YES, PLEASE.
COMMISSIONER CARPENTER? YES, THE, UM, STAFF RECOMMENDATION IS FOR A 10 YEAR PERIOD, BUT IN THE SEP CONDITIONS IT SAYS THAT THE SPECIFIC USE PERMIT EXPIRES FOR 10 YEARS BUT IS ELIGIBLE FOR AUTO RENEWALS FOR ADDITIONAL 10 YEAR PERIOD.
IS IT THE 10 YEARS OR IS IT 10 WITH 10 YEAR AUTO RENEWALS.
THAT SHOULD BE, THAT SHOULD BE 10 WITH 10 AR AS AS PUT IN THE, UH, LOWER PART OF THE DOCKET.
UM, DO YOU KNOW HOW LONG THIS, UM, CENTER HAS BEEN OPEN? I DO NOT.
ARE YOU AWARE THAT IT'S BEEN OPEN FOR CLOSE TO 70 YEARS? I WAS NOT AWARE.
ANY OTHER QUESTIONS FOR STAFF COMMISSIONER? SEEING NONE.
COMMISSIONER WHEELER, DO YOU HAVE A MOTION? I DO.
UM, IN THE MATTER OF Z 2 34, THAT'S 3 3 1 0.
I MOVE TO CLOSE THE PUBLIC HEARING, UM, AND FOLLOW STAFF RECOMMENDATION WITH THESE CHANGES OF PERMANENT, UM, FROM A INSTEAD OF A 10 YEAR PERIOD, SUBJECT TO 10 YEAR AUTO, UH, 10 YEAR RENEWAL TO HAVE A PERMANENT SUP SUBJECT TO CONDITIONS.
THANK YOU COMMISSIONER WHEELER FOR YOUR MOTION.
I WILL SECOND IT, UH, TO CLOSE UP OF A HEARING, FALSE RECOMMENDATION FOR APPROVAL, BUT RATHER FOR A, UH, PERMANENT SUP SUBJECT TO CONDITIONS.
ANY DISCUSSION? SEEING NONE OF THOSE IN FAVOR, SAY AYE.
LET'S GO AHEAD AND STAY ON IN, UH, ND SEVEN AND PICK UP CASE NUMBER,
[27. 25-539A An application for the renewal of Specific Use Permit No. 2269 for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned an LI-D-1 Light Industrial District with a D-1 Liquor Control Overlay, on the northeast corner of South Buckner Boulevard and Forney Road. Staff Recommendation: Approval for a five-year period with eligibility for automatic renewals for additional five-year periods, subject to amended conditions. Applicant: Bert & Bob Investment Co. Representative: Andrew Ruegg, MASTERPLAN Planner: Connor Roberts U/A From: January 23, 2025. Council District: 7 Z234-111(CR)]
NUMBER 27.CASE NUMBER 27, APPLICATION Z 2 3 4 DASH ONE 11.
AND APPLICATION FOR THE RENEWAL OF SPECIFIC USE PERMIT NUMBER 2269 FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A GENERAL MERCHANDISE OR FOOD STORE.
3,500 SQUARE FEET OR LESS ON PROPERTY ZONED A LI D ONE LIGHT INDUSTRIAL DISTRICT WITH A D ONE LIQUOR CONTROL OVER OVERLAY ON THE NORTHEAST CORNER OF SOUTH BUCKNER BOULEVARD AND FORNEY ROAD STAFF'S.
RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL FIVE YEAR PERIODS, SUBJECT TO AMEN CONDITIONS.
ANDREW REIG, 2201 MAIN STREET, DALLAS, TEXAS.
UM, REPRESENTING THE APPLICANT HERE.
SEVEN 11 ON BUCKNER AND FORNEY.
UH, THIS WAS HELD UNDER ADVISEMENT LAST TIME JUST TO CONFIRM WITH THE BUCKNER TERRACE.
UH, HOA WENT TO THEIR HOA MEETING, UH, LAST WEEK.
UH, HAD A BRIEF DISCUSSION WITH THE, UH, COMMUNITY MEMBERS THERE AND UH, I BELIEVE THEIR RECOMMENDATION WAS FOR A FIVE YEAR PERIOD, NO AUTOMATIC RENEWALS, WHICH IS WORKS FOR, UH, US AS THE APPLICANT.
UH, HAPPY TO ANSWER ANY QUESTIONS.
IS THERE ANYONE ELSE WHO'D LIKE TO SPEAK ON THIS ITEM? IS THIS CASE NUMBER 27 Z 2 34 1 1 1.
COMMISSIONERS, ANY QUESTIONS FOR MR. RUE? COMMISSIONER CARPENTER? MR. DO YOU KNOW IF THIS STORE HAS ITS CSTORE CERTIFICATION? YES, UH, IT DOES CURRENTLY.
I THINK I HAVE A COPY OF IT IF WE NEED TO SEE IT.
UH, ANY OTHER QUESTIONS? COMMISSIONERS? SEEING NONE.
COMMISSIONER WHEELER, DO YOU HAVE A MOTION? I DO HAVE A MOTION.
I MO UM, I MOTION IN THE MATTER OF Z 2 3 4 DASH 1 1 1.
I MOVE TO CLOSE THE PUBLIC HEARING AND FOLLOWING STAFF RECOMMENDATIONS WITH THE FOLLOWING CHANGES, UM, TO NOT TO TO NOT HAVE AUTOMATIC RENEWAL, UM, AND SUBJECT TO AMENDED CONDITIONS FOR A FIVE YEAR PERIOD, FIVE YEAR PERIOD.
THANK YOU COMMISSIONER CARPENTER.
UH, ANY DISCUSSION? ALL THOSE IN FAVOR, PLEASE SAY AYE.
[02:30:01]
AYES HAVE IT.I THINK THAT WAS THE LAST D SEVEN CASE.
[9. 25-521A An application for a new Specific Use Permit for an alcoholic beverage establishment limited to a bar, lounge, or tavern on property zoned CR Community Retail District and a P(A) Parking District, on the west line of Inwood Road north of Lovers Lane. Staff Recommendation: Approval for a three-year period, subject to a site plan and conditions. Applicant: Prescott Interests Representative: La Sierra Group Planner: Cherrell Caldwell Council District: 13 Z234-333(WK/CC)]
NINE, YOU CHAIR.UM, ITEM NUMBER NINE IS AN APPLICATION FOR A NEW SPECIFIC USE PERMIT MEANT FOR AN ALCOHOL BEVERAGE ESTABLISHMENT, LIMITED TO A BAR, LOUNGE OR TAVERN ON PROPERTY ZONE, CR COMMUNITY, RETAIL DISTRICT, AND A P PARKING DISTRICT ON THE WEST LINE OF INWOOD ROAD, NORTH OF LOVER'S LANE.
STAFF RECOMMENDATION IS APPROVAL FOR A THREE YEAR PERIOD SUBJECT TO SITE PLAN CONDITIONS.
IS THERE ANYONE HERE THAT WOULD LIKE TO BE HEARD ON THIS CASE NUMBER NINE Z 2 34 3 33 COMMISSIONERS, ANY QUESTIONS FOR STAFF ON THIS ITEM? SEEING NONE.
COMMISSIONER HALL, DO YOU HAVE A MOTION? UH, I DO CHAIR, UH, IN THE MATTER OF Z TWO THREE.
I MOVE THAT WE KEEP THE PUBLIC HEARING OPEN AND PLACE THIS ON ADVISEMENT UNTIL MARCH THE SIXTH.
THANK YOU COMMISSIONER HAL OF YOUR MOTION.
COMMISSIONER HOUSEWRIGHT FOR YOUR SECOND.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
[11. 25-523A An application for an MU-1 Mixed Use District on property zoned CR Community Retail District, on the northeast corner of Singleton Boulevard and Navaro Street. Staff Recommendation: Approval, subject to deed restrictions volunteered by the applicant. Applicant: WDA Properties, LLC - Annamari Lannon Representative: Audra Buckley, Permitted Development Planner: Lori Levy, AICP Council District: 6 Z245-106(LL)]
GOOD TO NUMBER 11.UH, MR. CHAIR, COMMISSIONERS, ITEM NUMBER 11 IS AN APPLICATION FOR AN U ONE MIXED USE DISTRICT ON PROPERTY ZONE CR COMMUNITY RETAIL DISTRICT ON THE NORTHEAST CORNER OF SINGLETON BOULEVARD AND NAVARRO STREET STAFF.
STAFF RECOMMENDATION IS APPROVAL SUBJECT TO DEED RESTRICTIONS.
UH, IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK ON THIS ITEM? COMMISSIONERS QUESTIONS FOR STAFF? SEEING NONE.
COMMISSIONER CARPENTER, YOU HAVE MOTION? YES.
THANK YOU MR. CHAIR IN THE MATTER OF CASE Z 2 45 DASH SIX, I MOVE TO KEEP THE PUBLIC HEARING OPEN AND PUT THIS CASE UNDER ADVISEMENT UNTIL FEBRUARY THE 20TH.
COMMISSIONER CARPENTER FOR YOUR MOTION COMMISSIONER HOUSE, RIGHT FOR YOUR SECOND.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
[13. 25-525A An application for an amendment to Specific Use Permit No. 2353 for an auto service center on property zoned Subdistrict 1A within Planned Development District No. 621, the Old Trinity and Design District Special Purpose District, on the southwest corner of North Riverfront Boulevard and Pittsburg Street. Staff Recommendation: Approval for a five-year period with eligibility for autorenewal for additional five year periods, subject to a site plan and conditions. Applicant: David Nguyen Planner: LeQuan Clinton Council District: 6 Z234-298(LC)]
13.THIS IS ITEM NUMBER 13, CASE Z 2 34 DASH 2 98.
AND APPLICATION FOR AN AMENDMENT TO SPECIFIC USE PERMIT NUMBER 2 3 5 3 FOR AN AUTO SERVICE CENTER ON PROPERTY ZONE SUBDISTRICT ONE A WITHIN PLAN DEVELOPMENT DISTRICT NUMBER 6 21, THE OLD TRINITY AND DESIGN DISTRICT SPECIAL PURPOSE DISTRICT ON THE SOUTHWEST CORNER OF NORTH RIVERFRONT BOULEVARD AND PITTSBURGH STREET.
RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD WITH ELIGIBILITY FOR AUTO RENEWAL FOR ADDITIONAL FIVE YEAR PERIODS SUBJECT TO A SITE PLAN AND CONDITIONS.
IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK ON THIS ITEM? COMMISSIONER'S QUESTIONS FOR STAFF? SEEING NONE.
IN THE MATTER OF CASES Z 2 34 DASH 2 98, I MOVE TO CLOSE THE PUBLIC HEARING AND FOLLOW STAFF RECOMMENDATION OF APPROVAL FOR A FIVE YEAR PERIOD BUT WITH NO ELIGIBILITY FOR AUTO RENEWALS SUBJECT TO A SITE PLANNING CONDITIONS.
THANK YOU COMMISSIONER CARPENTER FOR YOUR MOTION.
COMMISSIONER HOUSER FOR YOUR SECOND FOR A FIVE YEAR SGP NO AUTOS SUBJECT TO A SITE PLANNING CONDITIONS.
ANY DISCUSSIONS? SEEING NONE OF THOSE IN FAVOR SAY AYE.
ANY OPPOSED? AYES HAVE IT TAKES
[16. 25-528A An application for a CS Commercial Service District on property zoned a R-10(A) Single Family District, on the east line of Quietwood Drive, between Interstate 20 and Kingsland Road. Staff Recommendation: Approval. Applicant: Mesquite Tree Service, LLC Planner: LeQuan Clinton Council District: 8 Z234-345(LC)]
US TO NUMBER 16.[02:35:10]
THIS IS ITEM NUMBER 16, KZ 2 3 4 DASH 3 45.AN APPLICATION FOR A CS COMMERCIAL SERVICE DISTRICT ON PROPERTY ZONED A R 10, A SINGLE FAMILY DISTRICT ON THE EAST LINE OF QUIET WOOD DRIVE BETWEEN INTERSTATE 20 AND KINGSLAND ROAD.
I JUST WANTED TO COME DOWN HERE AND BE HEARD.
UH, JUST KIND OF BE CLEAR ON WHAT I WANTED TO DO.
UM, SO CURRENTLY RIGHT NOW, I MEAN IF I GOT PERMISSION TO SPEAK, I OWN THE, THE LOT THAT'S TO THE SOUTH OF IT, WHICH IS, UH, ALREADY ZONE CS AND I OWN A TREE BUSINESS.
SO MY PLANS ARE JUST TO PARK MY TRAILERS.
UM, NO KIND OF HEAVY DUTY EQUIPMENT, JUST TRAILERS MY CHIPPERS, UM, JUST LAWNMOWERS, YOU KNOW, JUST MY LANDSCAPING EQUIPMENT.
UH, BUT RIGHT NOW BECAUSE IT'S ZONED RESIDENTIAL, YOU KNOW, I'M TRYING TO PLAY IT BY THE RULE AND FOLLOW EVERYTHING AND DO IT THE RIGHT WAY AND GET IT REZONED PROPERLY.
COULD YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD? SO, SORRY, MY NAME IS, UH, CHRISTOPHER STEVENS.
I'M THE OWNER OF OF MESQUITE TREE SERVICE.
THERE MAY BE QUESTIONS FOR YOU.
IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? EITHER IN SUPPORT OR IN OPPOSITION? COMMISSIONER QUESTIONS FOR MR. STEVENS? COMMISSIONER FRANKLIN? YES, UH, THANKS FOR COMING DOWN.
UH, MR. STEVENS, UH, I UNDERSTAND THAT YOU OWN THE LOT THAT'S NORTH OF, OF THE, WHERE THE PROPOSED RE ZONING CHANGE IS? YES, SIR.
AND, AND WHAT DO YOU OPERATE, I KNOW IT'S A LAWN BUSINESS, BUT IT'S, CAN YOU TELL WHAT THE OPERATIONS ARE? UH, JUST, WE DO TREE PLANTING, WE DO, UH, TREE REMOVAL, TREE TRIMMING.
OBVIOUSLY NONE OF WHICH WILL BE PERFORMED AT THE LOCATION.
UM, WE JUST WANT TO USE IT TO, UM, PUT OUR EQUIPMENT THERE.
UM, THE, I GUESS THE, THE LOT THAT'S ALREADY ZONED COMMERCIAL IS WHERE WE HAVE, UH, WE'RE GONNA PUT OUR OFFICE JUST FOR, YOU KNOW, STORE FILES AND, YOU KNOW, TAX INFORMATION, JUST DIFFERENT STUFF.
UM, I SPOKE WITH MY NEIGHBOR THAT'S IMMEDIATELY TO THE SOUTH OF ME, UH, AND HE, HE'S FINE WITH, HE EVEN WROTE ME A LETTER I BROUGHT WITH ME.
UH, HE DIDN'T HAVE ANY OPPOSITION TO IT AND THEY WERE MY OTHER NEIGHBOR.
THEY WERE ALL IN SUPPORT OF WHAT I'M TRYING TO DO.
SO HAVE YOU ENGAGED THE, THE NEIGHBORHOODS IMMEDIATELY TO YOUR SOUTH ABOUT WHAT YOU WANNA DO? CAN YOU SAY TO THE SOUTH, UH, I THINK THERE'S, THERE'S A RESIDENTIAL NEIGHBORHOOD, UH, TO THE SOUTH OF WHERE YOU'RE PROPOSING TO, TO RESIGN.
AM I READING THAT CORRECT? UH, NO.
UH, THERE'S ONE THAT I, I KNOW BEHIND ME THERE'S A, I GUESS IT GOT REZONED AND THEY'RE PLANNING ON BUILDING SOME HOUSES THERE.
UM, BUT IT'S HOUSES TO THE LEFT OF ME, BUT NOTHING TO, THERE'S HOUSES IN THE BACK, BUT I GUESS IN THE GRID THAT THEY SENT OUT, THOSE HOUSES WEREN'T, UH, A PART OF THAT GRID SO WE DIDN'T REACH OUT TO THEM.
LEMME ASK THE QUESTION A LITTLE BIT DIFFERENTLY.
THERE'S TO THE EAST OF WHERE YOU'RE PROPOSING FOR THE REZONE, THERE'S THAT ROAD, IS IS WHITEWOOD WHITEWOOD? YES SIR.
IF YOU, IF YOU'RE LEAVING TWINNING AND GOING DOWN WHITEWOOD.
IS THERE A RESIDENTIAL NEIGHBORHOOD IMMEDIATELY IN FRONT OF ME? NO, TO THE, TO THE LEFT OF WHERE YOU ARE PROPOSING TO THE LEFT TO ZONE, YES.
THERE IS A NEIGHBORHOOD, YES SIR.
AND YOU SAID THAT YOU HAVE NOT ENGAGED THAT COMMUNITY, UH, OTHER THAN PASSING OUT FLYERS? UM, UH, AND, YOU KNOW, MAKING MY, YOU KNOW WHAT I'M TRYING TO DO CLEAR? UM, NO SIR.
UH, KIND OF LANGUAGE BARRIER WITH, WITH SOME OF 'EM AND I, I DON'T HAVE A TRANSLATOR.
HAVE THEY RESPONDED BACK TO YOU IN IN? NO, SIR.
I HADN'T GOT ANY CALLS AND UM, LIKE I SAID, I, I'M, I'M PRETTY, I'M OVER THERE A LOT AND YOU KNOW, THE, THE SHOP THAT'S ON THE SIDE OF ME, HE'S A COMMERCIAL BUILDING AS WELL.
UM, I THINK THEY'RE AUTO MECHANIC SHOP.
UM, AND YOU KNOW, WE GETTING ALONG PRETTY WELL.
THEY HAVE NO PROBLEM WITH IT AS WELL.
MY PRIMARY CONCERN IS THE EXTREMES OF THE REZONING.
'CAUSE RIGHT NOW IT'S ZONED AT OUR 10.
WHICH IS RESIDENTIAL TO COMMERCIAL SERVICE, SIR.
IT'S ONE OF THE HARSHEST REZONING.
I UNDERSTAND AND I UNDERSTAND WHAT YOU WANT TO DO WITH YOUR, UM, WITH YOUR BUSINESS AND THAT THAT'S JUST TO STORE EQUIPMENT.
UM, BUT THE CONCERN IS IF YOU DECIDE TO SELL THAT AND THAT IT WILL STILL BE, I'M BE HONEST, UH, MAN, I'M A SMALL BUSINESS.
LET, LET, LEMME LEMME FINISH, GO.
MY QUESTION IS, UH, WHY SHOULDN'T THAT BE A CONCERN FOR US, SIR? SO WHY SHOULDN'T THAT BE A CONCERN FOR
[02:40:01]
US? IF I'M BEING HONEST, I'M A SMALL BUSINESS MAN AND I, I WORK MY, MY TAIL OFF MAN TO, TO GET THAT PROPERTY MAN.AND I DON'T HAVE ANY IN INTENTIONS ON SELLING IT.
UM, RIGHT NOW I'M CURRENTLY RENTING TO STORE MY EQUIPMENT, UM, AND I OWN PROPERTY, SO IT'S JUST A MAN, THIS IS MY LIVELIHOOD, YOU KNOW, AND JUST I'M PAYING RENT RIGHT NOW AND, YOU KNOW, MY BUSINESS KIND OF GREW TO WHERE I WANTED IT TO BE.
AND UM, RIGHT NOW IT'S JUST, YOU KNOW, IT'S A CONVENIENCE FOR ME TO BE ABLE TO PUT MY EQUIPMENT THERE, BE ABLE TO SECURE IT, BE ABLE TO WATCH IT, YOU KNOW, JUST, YOU KNOW, THAT'S IT.
I MEAN, I DON'T PLAN ON SELLING MY PROPERTY.
I DON'T PLAN ON BRINGING IN NO 18 WHEELERS.
I DON'T PLAN ON DISRUPTING THE FLOW OF TRAFFIC OR ANY OF THAT.
I MEAN, I'M, LIKE I SAID, I'M JUST A SMALL BUSINESS, YOU KNOW, THAT THAT'S GROWN TO A SPOT TO WHERE NOW I CAN, YOU KNOW, BE IN A POSITION, YOU KNOW, TO EVEN ACQUIRE LAND.
SO, UM, TO BE ABLE TO GET THAT AND, YOU KNOW, I, I KIND OF WENT OUT ON A LIMB BY GETTING IT, KNOWING THAT IT WAS ALREADY RESIDENTIAL, BUT YOU KNOW, I'M MAN FE SO KIND OF LIKE I SAID, I BROUGHT, UH, COMMISSIONER BLAIR OUT WHEN I FIRST PUT THE, UM, FILED THE PAPERWORK AND I SHOWED HER MY PLAN.
SHE CAME OUT TO THE SITE AND I KIND OF SHOWED HER EVERYTHING THAT WE WERE, YOU KNOW, TRYING TO DO.
AND, YOU KNOW, SHE ASKED ME TO GIVE HER THAT BUFFER.
AND OBVIOUSLY, YOU KNOW, SHE'S NOT HERE NOW, BUT SHE, SHE DID GO OUT TO THE SITE.
SHE DID A SITE VISIT AND YOU CAN AND WHAT WAS THE FEEDBACK FROM COMMISSIONER BLAIR? SHE SAID IF I GAVE HER THE BUFFER, SHE WAS OKAY WITH IT.
I WANNA MAKE SURE THAT YOU'RE ACCURATE WITH THAT, THAT STATEMENT BECAUSE SHE'S, YOU CAN CALL HER RIGHT NOW OR I CAN, OKAY.
I, UH, SHE CAME OUT TO THE SITE AND LAID EYES ON IT IN PERSON.
SO I KNOW YOU ALSO SUGGESTION THAT SHE WAS OKAY WITH THE, THE ZONING RESOURCE.
SHE SAID NO 18 WHEELERS, NO 18 WHEELERS.
AND I TOLD HER I DON'T HAVE ANY 18 WHEELERS, SO I DON'T PLAN ON PUTTING ANY ON THE PROPERTY.
BUT SPECIFICALLY THE COMMERCIAL SERVICES ZONING, YES, SIR.
SHE WAS AWARE OF WHAT I WAS TRYING TO DO AND SHE WAS OKAY WITH THAT IS WHAT YOU'RE SAYING? SHE THOUGHT I, I CAN'T SAY VERBATIM THAT SHE WAS OKAY WITH IT, BUT WHEN WE WALKED AWAY, WE HAD TO UNDERSTAND I GAVE HER THE BUFFER AND, AND WE WERE GOOD AND YOU KNOW, MY NEIGHBOR WAS OKAY WITH IT.
THAT'S DIRECTLY BECAUSE I ONLY HAVE ONE THAT SITS NEXT TO ME AND THAT'S IF IT'S MY LOT AND IT'S HIM AND HE RUNS A SMALL BUSINESS TOO.
SO I MEAN, HE'S, HE'S NOT IN OPPOSED TO WHAT I'M TRYING TO DO.
AND LIKE I SAID, THE ONLY THING I'M DOING IS BUILDING A COVERED STORAGE TO STORE MY EQUIPMENT TO KEEP IT FROM GETTING WEATHERIZED, GETTING RAINED ON AND SO ON AND SO FORTH.
UM, WELL I WAS HOPING I MIGHT GET A SENSE OF, OF WHAT, UH, COMMISSIONER FRANKLIN WAS GONNA DO BEFORE I MAKE MY REMARKS, BUT, UH, MAYBE I'LL HOLD THEM FOR A MOTION.
JUST FOR, FOR QUESTIONS FOR THE APPLICANT AT THE MOMENT.
ANY OTHER QUESTIONS FOR YES, COMMISSIONER WHEELER, IS YOUR OFFICE PORTION OF YOUR BUSINESS ALREADY AT THE ADJACENT PROPERTY? NO MA'AM, IT'S NOT.
I DO HAVE PERMITS FILED WITH THE CITY.
UH, I'M WORKING WITH THE Q TEAM.
YEAH, I'M DOING THIS ALL BY MYSELF AND YOU KNOW, I DON'T, I AIN'T, I DIDN'T GO THE ROUTE TO HIRE SOMEBODY, SO I'M JUST KIND OF WINGING IT RIGHT NOW.
UH, THEY HAVE MY SITE PLAN, THEY HAVE EVERYTHING THAT I HAVE PLANNED FOR THAT PROPERTY.
WHICH IS, UH, AGAIN, JUST A CAN PULL IT UP.
IT'S JUST A, A OFFICE WITH, UH, FOUR GARAGE BAYS TO PARK MY, UH, EQUIPMENT IN.
AND WHEN YOU SAY TRAILER, YOU'RE TALKING ABOUT TRAILERS PULLED MORE BY LIKE 16 FOOT UTILITY TRAILERS.
UM, LITTLE LANDSCAPING TRAILER, YOU KNOW, UM, IT'S A UTILITY TRAILER I GUESS IS WHAT THEY CALL 'EM.
UH, NOTHING HEAVY DUTY, I CAN ATTEST TO THAT.
AND SO THE MAJORITY IS PRETTY MUCH YOU WORKING WITHIN, UH, LANDSCAPING, AGRICULTURAL TYPE OF BUSINESS? YES, MA'AM.
UH, MAINLY, YOU KNOW, WE DO TREE PLANTING, UM, TREE REMOVAL, STUMP GRINDING.
I'M JUST A, A TREE BUSINESS, SO, OKAY.
UM, YOU KNOW, WE'RE NOT GONNA HAVE ANY KIND OF HEAVY TRAFFIC OTHER THAN MY, MY GUYS WHEN THEY COME TO WORK AND PARK THEIR CAR TO JUMP IN A COMPANY TRUCK.
QUICK FOLLOW UP FOR YOU, SIR, MR. STEVEN.
SO, UH, YOU KNOW, OCCASIONALLY THESE TYPES OF CASES AROUND THE, THE HORSESHOE, UH, THE, THE APPLICANT WILL TAKE A LOOK AT THE, THE USES THAT ARE UNLOCKED BY THE ZONING DESIGNATION AND WILL MAYBE OFFER OR EVEN VOLUNTEER SOME DEED RESTRICTIONS TO KIND OF, YOU KNOW, PEEL THOSE OFF.
HAVE YOU CONSIDERED SOMETHING LIKE THAT? 'CAUSE THEY MUST BE VOLUNTEERED FROM YOU? UH, NO SIR, I HAVEN'T.
UM, I'M BE HONEST WITH YOU MAN, THE LANGUAGE Y'ALL SPEAKING, YOU KNOW, I SHOULD HAVE HIRED AN ATTORNEY OR SOMEBODY.
BUT, UH, AGAIN, I JUST WANNA MAKE SURE THAT, UH, MY INTENTIONS ARE CLEAR.
I DON'T HAVE ANY PLANS ON, ON SELLING MY PROPERTY OR, OR RUNNING ANY
[02:45:01]
KIND OF HEAVY DUTY EQUIPMENT OR, YOU KNOW, TRYING TO ENTREPRENEUR SOME OTHER JOB, UH, BUSINESS.YOU KNOW, I'M IN THE TREE BUSINESS, I'VE BEEN DOING IT SINCE I WAS 15, SO, YOU KNOW, THIS IS WHAT I LOVE TO DO AND I DON'T HAVE ANY PLANS ON, ON CHANGING THAT.
SO THIS IS WHAT I PLAN ON RETIRING AND MY PLANS ARE TO PASS THAT DOWN TO MY KIDS.
SO I'M MY FATHER FOR, AND THIS IS, YOU KNOW.
COMMISSIONER CARPENTER, IS IT YOUR INTENTION TO, UM, STORE LIKE OPEN PILES OF COMPOSTING? NO, NOTHING LIKE THAT.
SO YOU WOULDN'T HAVE FRONT END LOADERS OR ANYTHING LIKE THAT MOVING THAT NO, NO, NO, WE'RE NOT, WE'RE NOT SELLING COMPOST OR MULCH OR ANY OF THAT? NO MA'AM.
BUT YOU, BUT EVEN WITHOUT SELLING IT, BUT YOU'RE NOT KEEPING NO, NO ASSIST WITH YOUR TREE PLANTING OR ANYTHING LIKE THAT? THERE'S NO OPEN, NO, I'M ALL, I'M ALL ABOUT BEAUTIFYING PROPERTIES.
YOU PULL MY COMPANY UP ON, ON GOOGLE RIGHT NOW, I'M A FIVE STAR COMPANY AND WITH OVER A HUNDRED AND SOME REVIEWS I, YOU KNOW, WE, WE, WE, WE BEAUTIFY PROPERTIES AND, AND I PLAN ON BRINGING THAT BEAUTIFICATION TO THAT PROPERTY.
ANY OTHER QUESTIONS FOR THE APPLICANT? QUESTIONS FOR STAFF? OH, PARDON ME PLEASE, COMMISSIONER, WE THAT, WAS THERE ANOTHER TYPE OF ZONING THAT HE UH, HE COULD, I MEAN A ZONING CHANGE THAT HE COULD HAVE GOT TO GET THE SAME RESULTS THAT, 'CAUSE IT SEEMS THAT HE JUST WANTS SOMETHING SIMPLE AND THAT CS IS LOADED WITH OTHER USES THAT MIGHT NOT BE COMPATIBLE TO THE NEIGHBORHOOD.
UM, AND, AND I MEAN SOMETIMES WE DO HAVE APPLICANTS THAT STRAIGHTFORWARD WITH WHAT THEY WANT.
SO BASED ON THE EVALUATION THAT STAFF COMPLETED, UM, TECHNICALLY NO.
UM, SO THE USE OR THE INTENDED USE WOULD FALL UNDER A CONTRACTOR'S MAINTENANCE YARD AND THAT'S ALLOWED BY RIGHT.
WHAT WAS, WHY WAS CR NOT RECOMMENDED TO HIM? SINCE THAT'S MORE COMMERCIAL.
ISN'T THAT SO AND THEN THE PROPERTIES TO THE NORTH OF THIS PROPERTY ARE ALREADY ZONED CS? CS, YEAH.
COMMISSIONER CARPENTER, I JUST WANNA CLARIFY THAT CONTRACTOR'S MAINTENANCE YARD IS NOT ALLOWED IN IN CR IT WOULD'VE TO BE AN INDUSTRIAL ZONING IF IT WEREN'T CS.
SO THE BY RIGHT, THERE'S ONLY, THERE'S ONLY THE TWO DISTRICTS WHERE THE BY IT'S CS AND I AM, SO THIS IS THE LESS INTENSE ONE THAT PERMITS THE USE.
ANY OTHER QUESTIONS FOR STAFF? SEEING NONE? COMMISSIONER FRANKLIN, DO YOU HAVE A MOTION? MR. STEVENS? I UNDERSTAND WHAT YOU'RE TRYING TO DO, UM, BUT I STILL THINK THAT IT NEEDS SOME WORK TO GET WHERE YOU WANT TO DO, TO MAKE SURE THAT WE PROTECT THE INTERESTS OF THE SURROUNDING COMMUNITY.
UH, SO AT THIS IN THE MATTER OF Z 2 3 4 DASH 3 4 5, I MOVE TO KEEP THE PUBLIC HEARING OPEN AND HOLD THIS MATTER UNDER ADVISEMENT UNTIL APRIL THE THIRD.
AND I THINK THIS WILL GIVE US ENOUGH TIME, UH, TO HAVE DISCUSSIONS ON HOW TO GET TO WHERE YOU WANT SO YOUR BUSINESS CAN THRIVE WITHOUT CAUSING UNINTENDED CONSEQUENCES BY AN EXTREME ZONING CHANGE.
THANK, THANK YOU COMMISSIONER FRANKLIN FOR YOUR MOTION.
COMMISSIONER HAMPTON FOR YOUR SECOND DISCUSSION.
IF, IF THE, IF WHAT WE ARE, UM, I NEED TO ASK BEFORE I SAY YAY OR NAY.
UM, IF WHAT WE ARE TRYING TO GET, GET HIM TO IS PRETTY MUCH IF POSSIBLY IF HE COULD DO DEED RESTRICTION, DO WE HAVE TO WAIT THAT LONG? UM, WOULD NON MARCH BE SMALL SUITED BECAUSE PRETTY MUCH HE, HE'S ASKING FOR A CS THE ONLY THING THAT'S NOT GETTING HIM TO WHAT WE WANT.
WELL, WHAT, WHAT, WHAT COULD GET US OVER THE HILL WOULD BE POSSIBLY SOME DEED RESTRICTIONS AND I DON'T THINK IT TAKES TO APRIL TO GET THE DE RESTRICTIONS.
PROBABLY TWO MEETINGS CAN GET THAT A MEETING.
JUST A REMINDER THAT DE RESTRICTIONS HAVE TO BE VOLUNTEERED BY THE APPLICANT.
AGAIN, IF, IF THAT IS THE CASE AND WHATEVER IF, BUT I DON'T THINK APRIL, THAT'S A, THAT'S A LITTLE KIND OF STEEP ON TIMEFRAME CHAIR CAN I IT DOESN'T ALWAYS TAKE, IT DOESN'T TAKE THAT OFFERING DE RESTRICTIONS DON'T TAKE THAT, THAT, THAT FAR ALONG.
AND THE CS, I BELIEVE IS BEING OFFERED BECAUSE THAT IS WHAT IS NEXT TO HIM AND, AND, UM, THE, THE OTHER COMMERCIAL PROPERTIES NEXT TO HIM IS A CS.
SO CS WOULD BE THAT RECOMMENDATION IM IS THE STRONGER ONE AND WE DON'T WANT THAT.
SO WOULD YOU, UM, RECONSIDER MAYBE MARCH? YES, I WOULD RECONSIDER MARCH.
I WAS THINKING, UH, MARCH THE 20TH, BUT THEN I LOOKED AT MY CALENDAR, UH, I HAVE A CONFLICT AND I WANNA BE PRESENT HERE FOR THAT AND SO THAT WAS THE ORIGINAL REASON WHY I MOVED IT OUT THAT FAR.
[02:50:01]
BECAUSE OF ANY, UH, PROCEDURAL, UM, YOU KNOW, THINGS ON, POSSIBLY ON THE PART, BUT SO WHAT ABOUT THE POSSIBILITY? THE FIRST WEEK, THE FIRST MEETING, SO THAT'S A MONTH I'M AMENABLE TO DO ON MARCH 6TH.I JUST DIDN'T KNOW IF IT NEEDED A SECOND, BUT I I SUPPORTED THAT.
UH, I LOOK FORWARD TO SEEING THIS.
COMMISSIONER FRANKLIN DATE THE MOTION, UH, WITH THE DATE.
NOW WE HAVE A MOTION MADE ABOUT COMMISSIONER FRANKLIN SECOND BY COMMISSIONER HAMPTON TO KEEP THE PUBLIC HEARING OPEN.
HOLD THE MATTER UNDER ADVISEMENT TO MARCH 6TH.
ANY FURTHER COMMENTS? SEEING NONE.
MR. STEVENS, PLEASE MAKE SURE YOU CONTACT, UH, COMMISSIONER FRANKLIN.
[17. 25-529A An application for the termination of Deed Restriction Z834-294 on property zoned a CR Community Retail District, on the south line of Bruton Road, between North Prairie Creek Road and Riverway Drive. Staff Recommendation: Approval. Applicant: Amar Daddy Only, Inc. Representative: Diana Gomez, Building Scale Planner: LeQuan Clinton Council District: 5 Z234-350(LC)]
LET'S GO TO NUMBER 17.THIS IS ITEM NUMBER 17, KZ 2 34 DASH THREE 50.
AN APPLICATION FOR THE TERMINATION OF D RESTRICTIONS, UH, D RESTRICTION Z 8 34 DASH 2 94 ON PROPERTY ZONE, A CR COMMUNITY RETAIL DISTRICT ON THE SOUTH LINE OF BRUTON ROAD BETWEEN NORTH PRAIRIE CREEK ROAD AND RIVERWAY DRIVE.
STAFF RECOMMENDATION IS APPROVAL.
IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK ON THIS ITEMS? NUMBER 17, COMMISSIONER QUESTIONS FOR STAFF? SEEING NONE, COMMISSIONER FRANKLIN, DO YOU HAVE A MOTION? UM, COMMISSIONER HALL.
COMMISSIONER HALL PLEASE? MY APOLOGIES.
I COULDN'T GET TO THE UNMUTE BUTTON.
UM, IMMEDIATELY TO THE WEST OF THIS PROPERTY, IT LOOKS LIKE ANOTHER SERVICE STATION, IS THAT CORRECT? YOU SAID IMMEDIATE IMMEDIATELY TO THE RIGHT.
UH, THERE, IT LOOKS TO BE ANOTHER SERVICE STATION TO THE WEST IMMEDIATELY TO THE WEST, UH, ALONG BUR UH, BRUTON ROAD.
UH, YI GUESS LOOKING AT THE AERIAL VIEW, IT'S TO THE LEFT, BUT UH, IT LOOKS TO ME LIKE ANOTHER SERVICE STATION THERE.
SO BASED ON WHAT, UH, WHAT WAS PRESENTED TO STAFF AND UM, SUBMITTED TO STAFF, IT LOOKS LIKE THE APPLICANT IS LOOKING TO DO, UH, GENERAL RETAIL CONVENIENCE STORE GAS STATION, BUT MORE OF A SITUATED IN A SMALL PLAZA TYPE STYLE.
UM, AND THE, THE APPLICANT DID SUBMIT SOME GRAPHICS AND THINGS LIKE THAT.
I'M NOT SURE IF THEY'RE HERE TODAY, SO, UM, MAYBE WE CAN PULL SOME OF THOSE GRAPHICS UP.
I WAS JUST SORT OF CURIOUS IF THERE WAS ALREADY A GAS STATION IMMEDIATELY ADJACENT, WERE THEY GOING TO COMPETE OR, YOU KNOW, WHAT, WHAT WAS THE DEAL? BUT, UH, SO IMMEDIATELY, JASON, THAT THAT GAS STATION IS, UH, I GUESS NO LONGER IN USE, UM, IT, IT THE SITE, IF MY ORIENTATION IS CORRECT, THE SITE TO THE LEFT OF THE SUBJECT SITE USED TO BE A GAS STATION BUT IS NO, NO LONGER IN USE.
HOWEVER, TO THE, UH, THE INTERSECTION THERE, THERE ARE EXISTING, UM, SIMILAR USES EXISTING, SO I BELIEVE THERE ARE TWO GAS STATIONS AT THAT, THAT INTERSECTION.
I GUESS YOU CAN NEVER HAVE TOO MANY GAS STATIONS, SIR.
UH, COMMISSIONER HALL, THE, THE CASE IS GONNA BE HELD UNDER ADVISEMENT, SO WE WILL SEE IT BACK.
ANY OTHER QUESTIONS FOR STAFF COMMISSIONER C AND NONE? COMMISSIONER FRANKLIN, DO YOU HAVE A MOTION? I DO.
MR. CHAIR IN THE MATTER OF Z 2 3 4 DASH THREE 50, I MOVE TO KEEP THE PUBLIC HEARING OPEN AND HOLD THIS MATTER UNDER ADVISEMENT UNTIL MARCH THE SIXTH.
COMMISSIONER FLANKING FOR YOUR MOTION.
COMMISSIONER CARPENTER FOR YOUR SECOND.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
LET'S TAKE A QUICK MINUTE, QUICK FIVE MINUTE BREAK AND WE'LL COME BACK WITH, UH, THE PEPPER SQUARE CASE, WHICH IS CASE NUMBER Z 2 12 3 58.
OKAY, JORGE, WE RECORDING? WE ARE QUOTING IT IS 1:41 PM WE'RE GONNA GO BACK TO THE AGENDA.
COMMERS, WE'RE JUMPING AHEAD TO
[25. 25-537A An application for a Planned Development District for MU-2 Mixed Use District uses on property zoned a CR Community Retail District, on the southeast corner of Preston Road and Belt Line Road. Staff Recommendation: Approval, subject to a conceptual plan, a development plan, and staff’s recommended conditions. Representative: Masterplan, Lee Kleinman and Andrew Ruegg Planner: Jennifer Muñoz U/A From: December 5, 2024 and January 23, 2025. Council District: 11 Z212-358(JM)]
CASE NUMBER 25, UH, Z 2 12 3 58.[02:55:15]
GOOD AFTERNOON.OUR NEXT ITEM NUMBER 25 IS AN APPLICATION FOR A PLAN DEVELOPMENT DISTRICT FOR MU TWO MIXED USE DISTRICT USES ON PROPERTY ZONE, A CR COMMUNITY RETAIL DISTRICT AT THE SOUTHEAST CORNER, A PRESTON ROAD AND BELT LANE ROAD.
STAFF RECOMMENDATION IS APPROVAL SUBJECT TO A CONCEPTUAL PLAN, A DEVELOPMENT PLAN, AND STAFF'S RECOMMENDED CONDITIONS.
I SEE THAT THE APPLICANT IS HERE.
ANDREW REIG 2201 MAIN STREET, DALLAS, TEXAS 7 5 2 0 1 HERE REPRESENTING THE APPLICANT.
UH, THERE'S AS STATED IN THE CASE REPORT, THERE'S BEEN, UH, NO CHANGE, UH, REQUESTED BY THE APPLICANT.
UH, YOU'LL NOTICE IN THE CONDITIONS THERE'S GREEN HIGHLIGHTS THAT WERE SOMETHING STAFF WANTED TO CHANGE TO CLARIFY THE LANDSCAPING REQUIREMENTS, BUT, UH, FROM OUR APPLICANT REQUESTS NO CHANGE IN OUR, UH, REQUEST OR POSITION FROM THE LAST TIME THIS WAS APPROVED AT CPC BACK IN AUGUST OF LAST YEAR.
COMMISSIONERS, THANK YOU FOR YOUR TIME.
VICTORIA MORRIS WITH JACKSON WALKER, 2323 ROSS AVENUE, SUITE 600.
I'M GONNA KEEP THIS AS BRIEF, BRIEF AS POSSIBLE WITH ANOTHER DAILY ACCOUNT OF THE ZONING SIGNS ON THE PROPERTY SINCE WE SAW YOU LAST ON JANUARY 23RD.
DUE TO THE NUMBER OF SIGNS THAT HAVE GONE MISSING OR THAT HAVE OTHERWISE BEEN DAMAGED SINCE FILING THIS APPLICATION, WE HAVE PLACED AIR TAGS ON SOME OF OUR REPLACEMENT SIGNS.
NOT ALL OF THEM, BUT SOME BETWEEN THE HOURS OF 7:50 AM ON JANUARY 23RD AND 7:42 AM ON JANUARY 24TH.
ONE OF THE ZONING SIGNS WENT MISSING FROM THE PROPERTY.
THAT SIGN WAS IMMEDIATELY REPLACED ONCE WE NOTICED IT MISSING.
THESE ARE THE PHOTOS OF THE SIGNS ON JANUARY 24TH.
THE IMAGE ON THE SCREEN IS OF THE SIGN THAT WENT MISSING AND UNLESS WE HAD SPONTANEOUS HURRICANE FORCE WINDS THAT TOOK THE SIGN AND THE ZIP TIES WITH IT, I CAN ONLY SUSPECT THAT THE SIGN WAS INTENTIONALLY TAKEN.
UH, JANUARY 25TH, FIVE SIGNS JANUARY 26TH.
FIVE SIGNS JANUARY 27TH, FIVE SIGNS 28TH, FIVE SIGNS 29TH, FIVE SIGNS 30TH, FIVE SIGNS, 31ST FIVE SIGNS.
FEBRUARY 1ST WE REPLACED A SIGN BECAUSE THERE WAS SOME CONSTRUCTION GOING ON ON THE RIGHT OF WAY, UM, AND THE OTHER SIGN HAD GOTTEN, UH, A BIT DIRTY.
UH, FEBRUARY 2ND, FIVE SIGNS FEBRUARY 3RD, FIVE SIGNS FEBRUARY 4TH, FIVE SIGNS FEBRUARY 5TH, FIVE SIGNS AND TODAY FEBRUARY 6TH, FIVE SIGNS.
WITH THAT, WE WOULD RESPECTFULLY REQUEST FOR YOUR RECOMMENDATION OF APPROVAL AS YOU DID PREVIOUSLY IN AUGUST.
GOOD AFTERNOON, SEAN JENSEN, 1 5 5 3 6 BAY POINT DRIVE.
AS ONE OF THE FINAL THREE COMMUNITY REPS INVOLVED IN THIS PROCESS, I BELIEVE MILLER HAS NEGOTIATED IN GOOD FAITH WHILE WE KEPT SHIFTING THE GOALPOSTS, UH, FOR MONTHS, OUR POSITION WAS NO RESIDENTIAL, NO NEGOTIATION, SO IT FELL UPON YOUR STAFF AND THAT OF OUR COUNCIL MEMBER TO PUSH FOR OUR INTERESTS.
THE PLANS CHANGED SIGNIFICANTLY OVER THE PAST TWO YEARS IN RESPONSE TO OUR INPUT.
NOW THERE'S AN IMPASSE ON THE LATEST NUMBER OF RESIDENTIAL UNITS AND ON BUILDING HEIGHT, AND SOME FOLKS ARE VERY ACTIVATED ABOUT THAT.
THEY HAVE A RIGHT TO BE, WE'RE TALKING ABOUT THEIR HOME, BUT IT'S OUR HOME TOO.
WE'RE ALL TIRED OF THE STATUS QUO.
SO MANY OF MY NEIGHBORS ARE TRULY EXCITED TO SEE WHAT PEPPER SQUARE CAN BECOME.
YOU'RE ALL VERY FAMILIAR WITH THE PROS AND CONS OF THIS PLAN.
IF YOU AGREE THAT IT'LL BE A BENET BENEFIT TO OUR COMMUNITY, PLEASE VOTE YES, IT'S TIME TO MOVE FORWARD.
ANY OTHER SPEAKERS IN SUPPORT, MR. LAMONT ONLINE? NO.
LET'S GO TO OUR SPEAKERS IN OPPOSITION.
[03:00:09]
MATT BOCK, 1 5 7 4 6 COVID CIRCLE DALLAS 7 5 2 4 8.UM, FIRST OF ALL, I WANT TO THANK YOU FOR DEFERRING VOTING ON PEPPER SQUARE AT THE JANUARY 23RD CPC MEETING.
AS I STATED AT THAT MEETING, MY HOPE IS THAT REPRESENTATIVES FROM THE NEIGHBORHOOD AND HENRY S. MILLER CAN SIT DOWN AND WORK OUT A COMPROMISE.
TO THAT END, AN OFFER TO MEET HAS BEEN MADE.
UNFORTUNATELY, THE MEETING HAS NOT AT LEAST NOT YET OCCURRED.
THE NEIGHBORHOOD IS NOT OPPOSED TO REDEVELOPMENT.
IN FACT, WE STRONGLY SUPPORT TRANSFORMING PEPPER SQUARE INTO VIBRANT, THRIVING MIXED USE DEVELOPMENT.
OUR VISION INCLUDES COMMUNITY ORIENTED RETAIL SPACES WITH INDOOR OUTDOOR RESTAURANTS, DIVERSE SHOPPING OPTIONS, AND OWNER OCCUPIED HOUSING THAT FILLS THE MISSING MIDDLE GAP.
AT THE LAST CPC MEETING, I POSED A FUNDAMENTAL QUESTION, IS IT IMPOSSIBLE TO FIND A SOLUTION THAT BALANCES THE NEIGHBORHOOD'S VISION WITH MILLER'S FINANCIAL GOALS? AND I FIRMLY BELIEVE A COMPROMISE IS ACHIEVABLE, BUT IT REQUIRES BOTH PARTIES TO ENGAGE IN DIRECT COMMUNICATION AND GOOD FAITH NEGOTIATIONS, SOMETHING THAT HAS NOT HAPPENED.
INSTEAD, DISCUSSIONS HAVE LARGELY BEEN PRESENTED IN A TAKE IT OR LEAVE IT FASHION LEAVING LITTLE ROOM FOR ME.
MEANINGFUL DIALOGUE NEGOTIATION COMPROMISE ONLY OCCUR WHEN ALL PARTIES RECOGNIZE THE NECESSITY OF COLLABORATION.
UNFORTUNATELY, MILLER HAS RECEIVED UNWAVERING SUPPORT FROM DISTRICT ELEVEN'S, COUNCIL MEMBER REMOVING ANY REAL INCENTIVE TO WORK WITH A NEIGHBORHOOD WITH NO URGENCY TO NEGOTIATE THE PROCESSES STAGNATED, LEAVING US THREE YEARS INTO THIS DISCUSSION WITHOUT A RESOLUTION.
BUT THIS IS WHERE YOU, THE CPC HAS THE POWER TO CHANGE THE TRAJECTORY OF THIS PROJECT BY CONTINUING AND OFFERING ANOTHER DEFERRAL SO THAT WE HAVE TIME TO MEET WITH MILLER AND SIT DOWN AND HOPEFULLY WORK OUT AN AGREEMENT YOU CAN FACILITATE A BALANCE AND MUTUALLY BENEFICIAL SOLUTION.
THE FUTURE OF PEPPER SQUARE IS NOT DETERMINED IN ISOLATION.
IT SHOULD REFLECT A SHARED VISION, ONE THAT PRESERVES THE CHARACTER AND LIVABILITY OF OUR COMMUNITY WHILE ALLOWING FOR RESPONSIBLE AND SUSTAINABLE DEVELOPMENT.
I APPRECIATE YOUR DEDICATION TO THE CITY OF DALLAS.
GOOD AFTERNOON, EDWARD STONE, 67 18 ROLLING VISTA IN DALLAS.
WANNA THANK YOU FOR LISTENING TO OUR PLEA, BUT I HOPE THAT YOU WILL HEAR OUR MESSAGE.
THE PEPPER SQUARE ISSUE HAS BEEN BANDING AROUND FOR OVER TWO YEARS, AND I DON'T FEEL LIKE WE ARE AT A RESOLUTION.
WE MAY BE CLOSE TO AN EDICT, BUT NOT A RESOLUTION.
LET'S START WITH THE COMMON AGREEMENTS.
THERE'S ALMOST TOTAL AGREEMENT THAT PEPPER SQUARE NEEDS RENOVATION, REMODELING, AND RESTORATION.
IN SOME FORMAT, THERE IS AGREEMENT THAT SOME MIXED USE WITHIN CERTAIN CONSTRAINTS IS FINE.
THERE'S TOTAL AGREEMENT THAT THE DEVELOPER HAS A NEED TO GET A GOOD RETURN ON HIS INVESTMENT, A POSITIVE CASH FLOW AND PROFIT FOR THEIR START, THEIR SHAREHOLDERS, NO ISSUES.
ALL THAT SAID, THERE ARE A LOT OF THINGS YET TO BE RESOLVED.
RESIDENTS WHO ARE VOTERS AND TAXPAYERS HAVE NO ISSUE WITH A MORE MODERATE PLAN, PERHAPS A MAXIMUM OF FOUR STORIES, PLUS OR MINUS 400 UNITS.
BUT WE NEED TO GET A RETAIL THAT SERVES A BROADER COMMUNITY THAN CONFINED TO THAT SPECIFIC COMPLEX.
THERE ARE ISSUES OF CRIME, OF EDUCATION AND, AND, UH, DENSITY, WHICH CAN BE WORKED OUT WITH THE HELP OF THE PUBLIC SECTOR.
I HAVE HAD THE GOOD FORTUNE OF SERVING ON A CITY COMMISSION AND I UNDERSTAND THE NEED TO MODERATE BETWEEN THE TWO SIDES IN ANY DEBATE, BUT VERY RARELY IS ANY AGREEMENT FULLY ACCEPTABLE TO ALL PARTIES AND EVERYONE GOES HOME HAPPY.
THAT IS NOT PART OF THE COMPROMISE PROCESS.
THERE ARE 23 HOMEOWNERS ASSOCIATIONS AND NEIGHBORHOOD ASSOCIATIONS OPPOSED TO THIS SPECIFIC PLAN.
I'M CONFIDENT THAT WITH DISCUSSION AND MUTUAL UNDERSTANDING OF THE COMPLEXITIES OF THE ISSUES, WE CAN COME TO SOME ACCEPTABLE SOLUTION.
[03:05:01]
HAS NEVER BEEN AN AGREEMENT WHERE EVERY PARTY IS ALWAYS SATISFIED.PLEASE, PLEASE DEFER SENDING THIS ISSUE TO THE CITY COUNCIL UNTIL WE HAVE A PLAN THAT IS ACCEPTABLE TO THE COMMUNITIES, THE CONSTITUENTS, AND THE DEVELOPERS.
I HOPE YOU'VE BEEN HEARING THANK YOU.
UH, POWERPOINT, I'M ASSUMING YOU JUST HIT DOWN RIGHT? AND THEN YEAH.
JANET MARKHAM, 7 7 1 4 MAPLE CREST DRIVE.
I'D LIKE TO CLEAR UP SOME MISCONCEPTIONS ABOUT HOW THIS PROCESS HAS PLAYED OUT.
THE ASSERTION THAT NEARBY RESIDENTS HAVE ALWAYS SAID NO TO REZONING AND ALWAYS REFUSE TO CONSIDER ANY COMPROMISE THAT INCLUDES RESIDENTIAL IS PATENTLY FALSE.
AS EARLY AS AUGUST, 2023, WE SHARED OUR SENTIMENTS SURROUNDING A MIXED USE PROJECT.
AT THAT TIME, RESIDENTS SAID THEY'D ACCEPT A MAX OF FOUR TO FIVE STORY BUILDINGS, WOULD LOVE OWNER OCCUPIED OPTIONS, AND PREFERRED SOME SENIOR LIVING OPTIONS.
IN OCTOBER, 2023, AFTER BEING TOLD BY THE CONSULTANT THAT ONLY THE INPUT OF THE RESIDENTS IN THE THREE CLOSEST NEIGHBORHOODS WERE RELEVANT, WE SURVEYED THEM AND WE REPORTED OUR FINDINGS.
MOST PEOPLE WERE COMFORTABLE WITH THREE STORY RESIDENTIAL BUILDINGS, BUT THERE WAS SOME APPETITE FOR UP TO FIVE STORIES.
WE ALSO ASKED ABOUT NUMBER OF RESIDENTIAL UNITS AND THE PREVAILING RESPONSE WAS TO KEEP IT UNDER 250 UNITS.
BUT AGAIN, THERE WAS AN APPETITE OF UP TO 500 UNITS.
IMAGINE IF THESE SUGGESTIONS HAD BEEN SERIOUSLY CONSIDERED AT THAT TIME.
FROM THEN UNTIL FEBRUARY, 2024, THE CLOSEST HOA LEADERS MET WITH THE CONSULTANT AND OUR COUNCIL MEMBER A FEW TIMES AND REITERATED THAT PROPOSED HIGH-END DENSITY WERE TOO MUCH.
BUT THERE WERE OPTIONS THAT RESIDENTS WOULD BE COMFORTABLE WITH.
CLEARLY WE WEREN'T SAYING NO IF WE CONTINUED TO HAVE DISCUSSIONS AROUND HEIGHT AND DENSITY.
HOWEVER, THE CONSULTANT HELD A MEETING WITH NEIGHBORHOOD LEADERS WHERE THEY GAVE US A CHOICE OF DIFFERENT BUILDING CONFIGURATIONS WITH ONE STILL RISING TO 12 STORIES AFTER ALL THESE MEETINGS.
AND ALL THIS TIME, HOW WAS OUR FEEDBACK STILL BEING SO GROSSLY IGNORED BETWEEN MAY AND JULY, 2024? WE APPROACHED MANY OF YOU TO PRESENT AN ALTERNATIVE PROPOSAL SINCE THE YEARS OF DIRECT NEGOTIATIONS HAD BEEN UNFRUITFUL, YOU WERE GRACIOUS ENOUGH TO HEAR OUR PLEA FOR A RESIDENTIAL PROJECT PROJECT THAT INCLUDED REASONABLE DENSITY AND LOW RISE BUILDINGS.
AND FINALLY, SOME PROGRESS ON DENSITY WAS MADE ALL ALONG.
WE WERE TRYING TO FIND A WAY FOR THEM TO GET THEIR ZONING CHANGE REQUEST WHILE RESPECTING THE NEARBY CITIZENS WHO WOULD BE AFFECTED BY THEIR ACTIONS.
HERE WE ARE YEARS LATER, THOUGH STILL PRESENTING OUR COMPROMISE AND BEING WILLING TO SIT DOWN AND NEGOTIATE, BUT INSTEAD HAVING TO WASTE TIME IN THIS PUBLIC FORUM.
SETTING THE RECORD STRAIGHT ABOUT WHAT'S REALLY TRANSPIRED.
I WANNA TOUCH ON FORWARD DALLAS 2.0.
THE NOTE SHOWN AT THE TOP OF THIS SLIDE WAS TAKEN DIRECTLY FROM THE CPC WEBSITE.
IT SAYS STARTING SEPTEMBER 26TH, 2024, ALL ZONING CASES WILL BE EVALUATED UNDER THE NEW FORWARD DALLAS 2.0 GUIDELINES.
THOSE GUIDELINES SAY THAT MIXED USE DISTRICTS IN SUBURBAN AREAS SHOULD INCLUDE RESIDENTIAL OPTIONS LIKE TOWN HOMES AND MID-RISE APARTMENT BUILDINGS.
EXAMPLES FROM THE CITY WEBSITE ARE SHOWN HERE.
NOW IT'S ALSO BEEN SAID THAT HILLCREST VILLAGE WILL NEVER HAPPEN AGAIN BECAUSE A RESIDENTIAL COMPONENT WASN'T INCLUDED.
LET'S MAKE PEPPER SQUARE THE HILLCREST VILLAGE 2.0 THAT IT COULD BE WITH TOWN HOMES AND LOW TO MIDRISE APARTMENT BUILDINGS.
DON'T APPROVE A PLAN WITH TOO MUCH DENSITY AND TOO MUCH HEIGHT.
COUNTER TO OVERWHELMING NEIGHBORHOOD SENTIMENT AND FORWARD DALLAS RECOMMENDATIONS.
THERE'S SUCH A GREAT OPPORTUNITY HERE IF YOU LISTEN TO THE RESIDENTS AND REFER TO EXAMPLES THAT WORK.
I ASK, ARE YOU EVALUATING THIS ZONING CASE UNDER THE NEW FORWARD DALLAS 2.0 GUIDELINES AS THE WEBSITE ASSERTS? IF SO, THE PLANET FOR VOTE ISN'T THERE YET.
YOUR TIME, MS. HOPE PLEASE DELAY APPROVAL.
THERE ANYONE ELSE IN THE CHAMBER THAT'D LIKE TO SPEAK ON THIS ITEM? OKAY, LET'S GO TO OUR SPEAKERS ONLINE.
MR. KLEINMAN ONLINE? YES, SIR.
MR. KLEIMAN? YES, I'M ONLINE AND AVAILABLE.
CAN YOU SEE ME? WE CANNOT SEE YOU YET.
[03:10:02]
NOT YET.GOOD AFTERNOON, CHAIR SHEAD AND VICE CHAIR RUBIN AND PLAN COMMISSIONERS.
I WORK FOR MASTER PLAN REPRESENTING THE APPLICANT.
MY ADDRESS IS, UH, IN 2201 MAIN STREET, DALLAS, TEXAS.
UM, I DO WANT TO MAKE A, UH, A CLARIFICATION ON, UH, THE OPPOSITIONS MENTIONED OF, UH, ASKING FOR A MEETING, UH, ZONING REPRESENTATIVES.
MYSELF AND OTHERS AT MASTER PLAN DID NOT RECEIVE ANY SUCH REQUESTS, AND IT IS MY UNDERSTANDING THAT LEGAL COUNSEL OF JACKSON WALKER NEITHER RECEIVED SUCH A REQUEST.
UM, NEVERTHELESS, I HOPE THAT YOU WILL MOVE THIS ITEM FORWARD TO THE FULL COUNSEL FOR FURTHER, UH, DISCUSSION AND DISPENSE WITH THIS ITEM TODAY.
ALRIGHT, WE'RE READY FOR YOUR COMMENTS.
OH, CAN YOU, UH, SEE ME? HELLO? YES, SIR.
WE NEED TO MAKE SURE YOUR CAMERA'S ON.
OH, UM, AM I VISIBLE? CAN YOU, UH, YOU GOT ME.
OH, NO, WE CANNOT SEE YOU, SIR.
I GUESS YOU MIGHT HAVE TO TELL YOUR CAMERA ON AND OFF A COUPLE OF TIMES.
UH, WELL ACTUALLY, I, UH, RIGHT NOW I'M IN, UH, WEBEX MODE.
UH, IT WON'T LET ME DO ANYTHING.
UH, I TRIED USING THE, UH, THE, YOU KNOW, YOUR VERSION ON THE, UH, ON A PC THAT WASN'T WORKING EITHER.
I'M NOT SURE WHAT TO GO FROM FROM HERE.
AND BY THE WAY, THAT ISSUE WAS ON MY SIDE.
IT LOOKS LIKE I'M NOT, I GUESS I DON'T REALLY KNOW HOW TO USE WEBEX APPROPRIATELY.
SO, HI, THIS IS KYLE FEDERICO.
I LIVE AT 15 1 28 BARRY TRAIL, UM, ABOUT A LITTLE LESS THAN A COUPLE HUNDRED FEET FROM WHERE THEY, UH, PLANT HAVE THIS PLANNED.
I'VE BEEN A HOMEOWNER HERE FOR 30 YEARS, AND, UH, I'M PRETTY SURE, UH, THAT EVERYTHING THAT PEOPLE HAVE BEEN SAYING SO FAR, UH, REALLY PRETTY MUCH COVERS MOST OF MY, UH, ISSUES.
SO I WON'T, UH, I WON'T GO BACK INTO THAT MUCH, BUT I WILL GIVE YOU GUYS SOME, UH, MORE EXPERIENTIAL, UH, YOU KNOW, UM, INFORMATION AS TO WHAT IT'S LIKE TO LIVE IN THIS NEIGHBORHOOD AND WHAT THIS IMPACT, UH, IS BELIEVED TO CAUSE.
SO, UM, BELTLINE AND PRESTON, UM, WELL, THERE'S ALREADY AN EXCESSIVE MASSIVE PROJECT AT 6 35 AND BELTLINE AND A REDEVELOPMENT AT NORTHWEST CORNER OF PRESTON AND BELTLINE.
UM, EVERYBODY HERE SURE, I'M SURE ALREADY KNOW THIS IS ALREADY ONE OF THE MOST DANGEROUS INTERSECTIONS IN DALLAS AND IN TEXAS.
UH, WHAT I ASKED ALL THIS IS BEING, UH, AFTER BEING HERE ALL THESE YEARS IS THE EXPERIENCE OF TRYING TO NAVIGATE THROUGH HERE DURING RUSH HOUR.
UH, EASTBOUND TRAFFIC ALREADY BACKS UP AS FAR AS BERRY TRAIL OR ABOUT A THOUSAND PLUS FEET.
IT CAN TAKE THREE TRAFFIC LIGHT CHANGES ALREADY TO GET FROM BERRY TRAIL TO PRESTON NORTH.
AND SOUTHBOUND TRAFFIC IS SIMILAR.
I DON'T HAVE BENCHMARKS ON THAT, BUT I HAVE BENCHMARK BERRY TRAIL, UH, TO, UH, TO PRESTON.
UH, SO IT'S, IT'S DANGEROUS ALREADY FOR PEDESTRIANS, UM, AND TRAFFIC IN GENERAL AND THE PROPOSAL'S GOING TO MAKE IT WORSE.
UM, THE FOLKS HERE ON BERRY TRAIL ARE PRETTY MUCH ALL SENIOR CITIZENS AND, UH, WE MAY NOT BE ABLE TO AFFORD BEING, UH, CHASED AWAY FROM OUR HOMES.
UM, AND THERE'S ALSO THE ISSUE OF HAVING THESE TOWERS LOOKING DOWN INTO OUR BACKYARDS AND THE IMPACTS ON OUR PRIVACY.
I'M STRONGLY AGAINST THE RE RESULTING CHANGE IN THIS FORM, INCLUDING ANY BUILDING OVER FOUR STORIES.
AFTER I HOPE THAT AFTER SO MANY YEARS OF NEGLECT ON THAT PROPERTY, THE PROPERTY OWNER WILL COME BACK WITH SOMETHING FAR LESS IMPACTFUL TO MY COMMUNITY.
IS THERE ANYONE ELSE HERE THAT WOULD LIKE TO BE HEARD BEFORE WE DO OUR, UH, TWO MINUTE REBUTTAL? I THINK WE GOT EVERYONE ONLINE.
[03:15:02]
YES.UH, WHO WOULD LIKE TO TAKE THE REBUTTAL? MR. RICK? THANK YOU, MR. CHAIR.
A LOT OF WHAT WE'VE HEARD TODAY AND AT THE CITY PLAN COMMISSION HEARING LAST WEEK, UM, REGARDING THIS REDEVELOPMENT IS, IS ACCURATE.
WE'VE PUT A LOT OF WORK IN THE PAST TWO AND A HALF YEARS TO COME TO SOME SORT OF AGREEMENT WHERE WE COULD, AND A LOT OF THINGS THAT I HEARD EVEN MEMBERS OF THE OPPOSITION SAY TODAY, THEY SUPPORT REDEVELOPMENT, THEY SUPPORT A THRIVING MIXED USE DEVELOPMENT.
WE'VE HAD A SHARED VISION FOR HOW WE WANT TO GET THIS DONE THROUGHOUT.
I ALSO HEARD THAT IN ANY NEGOTIATION, BOTH PARTIES AREN'T GONNA LEAVE HAPPY.
AND I DON'T WANNA PUT THE IMPRESSION THAT WE'RE NECESSARILY HAPPY WITH THIS.
IN ORDER TO MAKE A BETTER PROJECT, WE WOULD LIKE TO GO WITH STAFF'S RECOMMENDATION TO INCREASE DENSITY HERE, BUT WE KNOW IN THE SPIRIT OF NEGOTIATION, WE'RE WILLING TO ACCEPT A FLOOR OF UNDER A THOUSAND UNITS IN ORDER TO MAKE AS MANY PEOPLE OKAY WITH THIS REQUEST AS WE CAN.
WHAT THIS REQUEST WILL DO IS TO BREATHE NEW LIFE INTO THE PEPPER SQUARE AREA.
THIS IS EXACTLY THE KIND OF PROJECT AT THE EXACT LOCATION THAT DALLAS NEEDS MORE OF.
I'VE HEARD THAT THIS IS TOO, TOO HIGH, TOO DENSE IN THE WRONG PLACE AND I COULDN'T DISAGREE MORE.
THE HEIGHT IS SOMETHING THAT IS MATCHED ACROSS THE STREET WITH AN EXISTING OFFICE TOWER.
THE DENSITY IS WHAT WE HAD PREVIOUSLY DISCUSSED AS MAYBE AN MU TWO MINUS DISTRICT.
WE'VE REALLY LOOKED AT THE MU TWO MIXED USE ZONING DISTRICT AND TAILORED DOWN THOSE PIECES OF THAT, UH, MU TWO REQUEST AND THEN THE WRONG PLACE.
I DON'T AGREE WITH THAT EITHER.
THIS IS ON TWO MAJOR THOROUGHFARES THAT CAN HANDLE THIS SORT OF DEVELOPMENT AND WILL BE, YOU KNOW, THIS, THIS TYPE OF DEVELOPMENT IS WHAT DALLAS NEEDS MORE OF A, A VIBRANT MIXED USE DEVELOPMENT IN THE RIGHT LOCATION.
UH, HAPPY TO ANSWER ANY QUESTIONS SHOULD THERE BE ANY.
ANY QUESTIONS FOR OUR SPEAKERS IN SUPPORT COMMISSIONER KINGSTON? MR. RIG, UM, YOU'VE HEARD THIS BUILDING'S DESCRIBED AS HIGHRISE, ISN'T IT MORE ACCURATE THAT THEY'RE MIDRISE? YES, I DO AGREE WITH THAT.
AND IN ADDITION TO THE BUILDING RIGHT ACROSS THE STREET, THAT'S APPROXIMATELY THE SAME HEIGHT, THERE ARE OTHER BUILDINGS IN THE NEARBY AREA THAT ARE AROUND THE SAME HEIGHT, RIGHT? CORRECT.
YOU SEE THAT THROUGHOUT NORTH DALLAS.
UM, AND I KNOW I HAD THESE CONVERSATIONS WITH YOUR PARTNER, MR. KLEIMAN, WHO MAY OR MAY NOT STILL BE LISTENING, BUT ARE YOU AWARE THAT SINCE THE INCEPTION OF THIS PROJECT THAT PERSONALLY I'VE SUPPORTED MORE DENSITY THAN WHAT, UM, YOU ARE PROPOSING? YES, I'M AWARE.
UM, AND ARE YOU AWARE THAT THE REASON I'VE SUPPORT MORE DENSITY THAN WHAT YOU'RE ASKING FOR TODAY IS BECAUSE OF THE LOCATION OF THIS PROJECT AT THE TWO LARGE INTERSECTIONS, ONE BEING A STATE HIGHWAY AND THE OTHER ONE BEING SIX LANES NEAR DART? YES.
ANY OTHER QUESTIONS FOR OUR SPEAKERS IN SUPPORT? ANY QUESTIONS FOR OUR SPEAKERS IN OPPOSITION? QUESTIONS FOR STAFF? SEEING NONE, VICE CHAIR? RUBEN, DO YOU HAVE A MOTION, SIR? YES, I, I DO.
AND I BELIEVE IT'S A TWO PART MOTION, SO BEAR WITH ME HERE.
UM, IN THE MATTER OF CASE NUMBER Z TWO 12 DASH 3 58, I MOVED TO CONTINUE THE PUBLIC HEARING THAT WAS POSTPONED ON DECEMBER 5TH, 2024 AND ON JANUARY 23RD, 2025 THAT WAS CONTINUED TO TODAY, FEBRUARY 26TH, 2025 WITH THE FINDING OF FACT THAT THE APPLICANT HAS FULFILLED THE APPLICANT'S OBLIGATIONS UNDER SECTION 51 A DASH 1 1 0 6 REGARDING THE POSTING OF NOTE ZONING NOTIFICATION SIGNS BECAUSE THE APPLICANT HAS DEMONSTRATED TO THE SATISFACTION OF THE CITY PLAN COMMISSION.
THAT ONE, THE TEMPORARY INJUNCTION ORDER ENTERED NOVEMBER 12TH, 2024 AND CAUSE NUMBER DC DASH 24 DASH 1 8 7 1 2 IN THE 68TH JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS HAS BEEN COMPLIED WITH.
AND TWO, THE APPLICANT POSTED THE REQUIRED NOTIFICATION SIGNED WITHIN 24 HOURS AFTER THE CASE WAS POSTPONED PURSUANT TO SECTION 51 A DASH, UM, 1.106 E ONE, AND HAS MADE
[03:20:01]
GOOD FAITH FAITH EFFORTS TO KEEP THE REQUIRED NOTIFICATION OF SIGNS POSTED.AND I HAVE VERY BRIEF REMARKS IF I HAVE A SECOND ON THIS MOTION.
THANK YOU COMMISSIONER HARAN FOR YOUR SECOND COMMENTS.
MY UNDERSTANDING IS THAT, YOU KNOW, ON ALMOST A DAILY BASIS WE HAVE GOTTEN EMAILS FROM THE APPLICANT'S, UM, REPRESENTATIVE MS. MS. MORRIS.
SHE WAS ALSO HERE TODAY AND HERE AT OUR PREVIOUS, UM, MEETING ON THIS WHERE THEY PRESENTED, UM, EVIDENCE REGARDING THEIR POSTING AND, AND REPOSTING OF THE SIGNS.
AND I HAVE NOT SEEN ANY EVIDENCE, THE CONTRARY TO SUGGEST THAT THE CON SIGN REQUIREMENTS HAVE NOT BEEN, UH, COMPLIED WITH SINCE THIS CASE WAS REMANDED TO US, UM, BY THE, THE CITY COUNCIL.
THANK YOU VICE FOR YOUR MOTION AND COMMISSIONER HOUSE, RIGHT FOR YOUR SECOND COMMISSIONERS, WE HAVE A MOTION ADDRESSING THE SIGN ISSUE.
ANY FURTHER COMMENTS? SEEING NONE OF THOSE IN FAVOR SAY AYE.
ANY OPPOSED? THE AYES HAVE IT.
CHAIR RUBEN? YES, MR. CHAIR IN THE MATTER OF Z TWO 12 DASH 35 8, I MOVE THAT WE CLOSE THE PUBLIC HEARING AND FOLLOW STAFF'S RECOMMENDATION OF APPROVAL SUBJECT TO A CONCEPTUAL PLAN, DEVELOPMENT PLAN AND CPCS RECOMMENDATIONS WITH STAFF'S, UM, ADDITIONAL, UM, UM, WITH STAFF'S ADDITIONAL, UM, EDITS OR AMENDMENTS REGARDING THE, THE LANDSCAPE REQUIREMENTS.
THANK YOU MR. FOR YOUR MOTION AND COMMISSIONER HOUSE, RIGHT FOR YOUR SECOND, UH, TO CLOSE THE PUBLIC HEARING, UH, AND FILE STAFF RECOMMENDATION OF APPROVAL SUBJECT TO A CONCEPTUAL PLAN, A DEVELOPMENT PLAN, AND STAFF'S EDITS, CBC'S EDITS YOU DIDN'T UNDERSTAND.
SO LET'S, LET'S REPEAT THE MOTION AGAIN.
IN THE MATTER OF Z TWO 12 DASH 3 58, I MOVE THAT WE CLOSE THE PUBLIC HEARING AND FOLLOW, UH, AND APPROVE, UM, SUBJECT TO CONCEPTUAL PLAN, A DEVELOPMENT PLAN AND CPCS RECOMMENDATION, RECOMMENDED CONDITIONS WITH STAFF'S, ADDITIONAL RECOMMENDATIONS REGARDING THE LANDSCAPE REQUIREMENTS.
ANY FURTHER COMMENTS ON THIS? VICE RUBIN? I THINK MY, MY COMMENTS FROM AUGUST OF, OF LAST YEAR STILL HOLD, YOU KNOW, COMMISSIONER KINGSTON, I'M GONNA SUPPORT THE MOTION BECAUSE I KNOW COMMISSIONER RUBIN HAS SPENT A SIGNIFICANT AMOUNT OF TIME ON THIS.
BUT I WOULD ALSO SUPPORT STAFF'S RECOMMENDATION.
I THINK THAT THIS SITE WOULD SUPPORT MORE HOUSING.
UM, I DRIVE BY THE SITE WEEKLY.
I'M, I'M UNCONVINCED THAT THE TRAFFIC IS THE ISSUE THAT THE COMMUNITY MAKES IT OUT TO BE.
I THINK THAT THE DATA MAKES IT VERY CLEAR THAT RESIDENTIAL TRAFFIC IS A, IS REDUCED, UM, THAT OVER COMMERCIAL TRAFFIC AT THIS SITE.
UM, I THINK GIVEN THE FACT THAT THIS LOCATION IS AT THE INTERSECTION OF TWO SIX LANE ROADS, ONE OF WHICH IS A STATE HIGHWAY MAKES IT APPROPRIATE FOR MID-RISE CONSTRUCTION PARTICULARLY WHEN YOU HAVE THE DESIGN THAT THIS HAS WITH OPEN SPACE.
AND THAT IS NOT ONLY AVAILABLE TO THIS DEVELOPMENT, BUT ALSO TO THE COMMUNITY AT LARGE.
UM, AND GIVEN THE FACT THAT THERE ARE OTHER MID RISES SPRINKLED ALL AROUND THIS AREA, I JUST DON'T SEE THAT INCLUDING A COUPLE MORE MID RISES IS GROUNDBREAKING IN ANY REGARD.
I FRANKLY THINK THAT THIS IS A GOOD THING FOR THIS COMMUNITY.
WE NEED HOUSING DESPERATELY, AND THIS DEVELOPER HAS LISTENED TO THIS COMMUNITY IN A LOT OF WAYS, AGREEING TO INCORPORATE MORE SENIOR HOUSING, WHICH WE DESPERATELY NEED EVEN AT MARKET RATE.
AND ALL OF THE COMMUNITIES IN THIS CITY ARE GOING TO HAVE TO COME TO TERMS WITH THE FACT THAT THE CITY IS GROWING AND THAT DENSITY IS GOING TO BE PLACED IN PLACES.
AND I ASK MY COMMUNITIES TO DO THE SAME, AND THEY DO.
AND THEY ARE MAKING CHANGES IN THE WAY THEY LOOK AT THINGS JUST AS THOUGH THIS COMMUNITY IS BEING ASKED TO DO.
UM, I WILL ALSO SAY THAT I THINK THAT WITH REGARD TO RECEIVING DAILY NOTIFICATION OF A POSTING, THAT THAT CAN'T BE
[03:25:01]
THE STANDARD.I UNDERSTAND WHY THE APPLICANT DID IT IN THIS CASE, BUT THAT IS SIMPLY NOT SOMETHING THAT IS TENABLE.
IT ADDS THIS EXTREME AMOUNT OF COST TO A PROJECT.
AND I DON'T THINK THAT THAT IS SOMETHING THAT THIS BODY SHOULD EXPECT.
IT'S NOT SOMETHING THAT THIS BODY DOES EXPECT.
UM, YOU DO HAVE TO POST YOUR, YOUR SIGNS.
YOU DO HAVE TO MAKE SOME EFFORT TO MAKE SURE THAT THEY'RE THERE.
BUT GOING EVERY DAY AND TAKING PHOTOGRAPHS AND SENDING TO THEM TO US CAN'T BE THE STANDARD.
AND IT'S NOT APPROPRIATE FOR THE COMMUNITY THAT DOESN'T LIKE A PROJECT TO DESTROY THOSE SIGNS EITHER.
SO I'M GONNA SUPPORT THE MOTION, UM, BUT I REALLY THINK THAT IT COULD AND SHOULD BE A MORE DENSE PROJECT.
ANY OTHER COMMENTS? COMMISSIONERS? OKAY.
LET'S TAKE A RECORD VOTE PLEASE.
DISTRICT SEVEN, DISTRICT EIGHT.
LET'S GO BACK TO THE CASE NUMBER 18.
[18. 25-530A An application to amend a portion of deed restrictions [Z045-239] on property zoned an R-10(A) Single Family District with deed restrictions [Z045-239], on the northeast line of Middlefield Road, southeast of Bicentennial Lane. Staff Recommendation: Approval. Applicant: Century Communities, Inc. Representative: Tommy Mann, Winstead PC Planner: Martin Bate Council District: 8 Z234-268(MB)]
THANK YOU ALL FOR JOINING US.ITEM 18 IS CASE Z 2 34 DASH 2 68.
AN APPLICATION TO AMENDED PORTION OF DEED RESTRICTIONS Z 0 4 5 DASH 2 39 ON PROPERTY ZONE IN R 10, A SINGLE FAMILY DISTRICT WITH D RESTRICTIONS Z 0 4 5 2 3 9 ON THE NORTHEAST LINE OF MIDDLEFIELD ROAD, SOUTHEAST OF BICENTENNIAL LANE.
STAFF RECOMMENDATION IS APPROVAL.
IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK ON THIS ITEM? AGAIN? ITEM NUMBER 18, PAGE SEVEN OF THE AGENDA.
COMMERS, ANY QUESTIONS FOR STAFF ON THIS ITEM? SEEING NONE.
COMMISSIONER FRANKLIN, DO YOU HAVE A MOTION? YES, MR. CHAIR IN THE MATTER OF Z 2 34 DASH 2 68, I MOVE TO KEEP THE PUBLIC HEARING OPEN AND HOLD THE MATTER UNDER ADVISEMENT UNTIL MARCH THE SIXTH.
THANK YOU COMMISSIONER FRANKLIN FOR YOUR MOTION.
COMMISSIONER HAMPTON FOR YOUR SECOND.
[19. 25-531A An application for an MF-1(A) Multifamily District on property zoned an R-7.5(A) Single Family District, on the north line of Forest Lane, east of Schroeder Road. Staff Recommendation: Approval. Applicant: Zachariah Manning Planner: Martin Bate Council District: 10 Z234-331(MB)]
ITEM 19 IS CASE Z 2 34 DASH 3 31.AN APPLICATION FOR AN MF ONE, A MULTIFAMILY DISTRICT ON PROPERTY ZONED IN R 7.5, A SINGLE FAMILY DISTRICT ON THE NORTH LINE OF FOREST LANE, EAST OF STRADER ROAD.
I SEE THAT THE APPLICANT IS HERE.
CPC AND CHAIR, MY NAME IS ZACH RAW MANNING, 82 15 FOREST LANE.
I AM THE APPLICANT AND THE OWNER OF THE PROPERTY.
UM, I'VE SENT OUT EVERYTHING AS REQUESTED, UH, TO GET THIS ZONING CHANGE.
UH, THERE HAS BEEN NO OPPOSITION THAT I'M AWARE OF THAT HAS BEEN, UH, APPROACHED ME FORMALLY OR INFORMALLY.
UM, UH, I'VE DONE EVERYTHING RIGHT.
UH, THIS IS A ZONING CASE THAT WILL ADD HOUSING UNITS WITH ONLY A FOURPLEX, NOT A MIXED USE DEVELOPMENT, NOT A HIGH-RISE OR A MID-RISE.
AND THIS IS ON, ON A BUSY CORRIDOR, WHICH IS FOREST LANE, AND IT'S ONLY FIVE HOUSES ON FOREST LANE.
THE, UH, PLAN THAT I'M PROPOSING IS A BLOCK FACING UNIT THAT WILL SIT BACK WITH THE SETBACK
[03:30:01]
OF THE EXISTING FOUR OTHER RESIDENTIAL HOUSES THAT ARE ON THIS BLOCK.SO I THINK THIS IS VERY APPROPRIATE AT THIS TIME BECAUSE IT WILL, UH, GO FORWARD WITH, YOU KNOW, KIND OF CURTAILING A HIGH-RISE OR MIXED, UH, OR MID-RISE MIXED USE DEVELOPMENT FROM COMING IN IF MY ZONING IS PASSED.
AND THIS IS CONSISTENT WITH, UH, FORWARD DALLAS, IT'S CONSISTENT WITH, UH, WHAT I WAS TOLD THAT THE, UM, UM, ASSOCIATION WITHIN THAT NEIGHBORHOOD, UH, WOULD LIKE TO SEE THAT FOREST LANE CORRIDOR LOOK LIKE FOR FUTURE, UH, PLANS.
UH, BUT, UH, I WILL LEAVE IT UP TO THE CPCS RECOMMENDATION STAFF HAS RECOMMENDED FOR APPROVAL.
UH, BUT I WILL LEAVE IT IN THE HANDS OF THE CPC AS, UH, AS TO WHAT THEY WANT TO DO.
UH, AND MATTER OF FACT, I DON'T THINK WE HAVE ANY OPPOSITION HERE TODAY, SO THANK YOU.
IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM? COMMISSIONER'S QUESTIONS FOR, UH, MR. MANNING? QUESTIONS FOR STAFF? SEEING NONE.
COMMISSIONER HOUSER, DO YOU HAVE A MOTION? YES.
UM, MR. MANNING AND I HAVE BEEN IN, IN DISCUSSIONS AND, UM, I THINK WE'VE COME TO AN AGREEMENT THAT WE'RE GONNA DO A LITTLE BIT MORE COMMUNITY CONVERSATION.
THIS BEING SOMEWHAT OF A SEA CHANGE ALONG FOREST LANE, UH, IN THIS, THERE, THERE'S CERTAINLY A RATIONALE FOR IT AND A RATIONALE BEHIND, UH, STAFF'S RECOMMENDATION.
UM, SO, UM, MY MOTION WOULD SIMPLY BE THAT IN THE CASE OF, UH, Z 2 3 4 DASH 3 3 1 THAT WE HOLD, KEEP THE PUBLIC HEARING OPEN AND HOLD THIS MATTER UNDER ADVISEMENT UNTIL MARCH THE SIXTH.
THANK YOU COMMISSIONER HAUSER FOR YOUR MOTION.
COMMISSIONER HAMPTON FOR YOUR SECOND.
ALL THOSE IN FAVOR SAY AYE IMPOSED.
[20. 25-532A An application for the termination of deed restrictions [Z023-163 and a portion of Z812-139] on property zoned an MU-3 Mixed Use District with deed restrictions [Z023-163 and Z812-139], on the north line of LBJ Freeway, east of Coit Road. Staff Recommendation: Approval. Applicant: Jonathan Tooley [Gateway Tower LLC] Representative: Chelsea Thurman Planner: Martin Bate Council District: 11 Z234-343(MB)]
CASE Z 2 34 DASH 3 43.AN APPLICATION FOR TERMINATION OF DEED RESTRICTIONS Z 0 2 3 1 63 AND A PORTION OF Z 8 1 12 1 3 9 ON PROPERTY ZONE IN MU THREE MIXED USE DISTRICT WITH DEED RESTRICTIONS Z 0 2 3 1 6 3 AND Z 8 1 12 1 3 9 ON THE NORTH LINE OF LGA FREEWAY EAST OF COURT ROAD.
STAFF RECOMMENDATION IS APPROVAL.
SEE THAT THE APPLICANT IS HERE.
CHELSEA THURMAN, 94 0 6 BISCAYNE BOULEVARD, DALLAS, 7 5 2 1 8.
UM, THIS IS ESSENTIALLY AN OFFICE SPACE LIKE MANY OTHERS THAT HAS SUFFERED A SIGNIFICANT REDUCTION IN OCCUPANCY, ESPECIALLY OVER THE LAST FIVE YEARS.
I THINK THEY STARTED OUT AROUND 80%, NOW THEY'RE AT ABOUT 40% AND REALLY THE APPLICANT WOULD JUST LIKE THE OPPORTUNITY TO MAKE FULL USE OF THEIR PROPERTY.
UM, AS YOU GUYS ALREADY KNOW, THERE IS MULTI-FAMILY, UM, DEVELOPMENT AND USE DIRECTLY TO THE NORTH EAST AND THEN A HOTEL JUST TO THE WEST.
I DID LISTEN TO THE BRIEFING THIS MORNING AND THE APPLICANT HAS REACHED OUT TO MANAGEMENT OF THE ADJACENT PROPERTY OWNERS.
UM, THEY HAVE ALSO BEEN GIVEN MY CONTACT INFORMATION AND TO DATE, I HAVE NOT RECEIVED ANY INQUIRY REGARDING THE PROJECT.
SO, UM, ESSENTIALLY I'M HOPING THAT YOU'LL FOLLOW STAFF'S RECOMMENDATION FOR APPROVAL AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
IS THERE ANY ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? COMMISSIONER'S QUESTIONS FOR THE APPLICANT? ANY QUESTIONS FOR STAFF? OKAY.
CM COMMISSIONER NOT IN GUILTY.
IN THE MATTER OF CASE NUMBER Z 2 3 4 3 4 3, I MOVE THAT WE CLOSE THE PUBLIC HEARING AND FOLLOW STAFF RECOMMENDATIONS FOR APPROVAL.
COMMISSIONER GEL FOR YOUR MOTION.
AND COMMISSIONER CARPENTER FOR YOUR SECOND.
THESE SEATS ARE MORE COMFORTABLE.
UM, Z 2 12 1 3 1 IS AN APPLICATION FOR A SPECIFIC USE.
AN AMENDMENT TO SPECIFIC USE PERMIT NUMBER 7 9 8.
[03:35:01]
MINING OF SAND AND GRAVEL WILL USE ON PROPERTIES ZONE IN AA AGRICULTURAL DISTRICT ON THE SOUTH LINE OF CLAYBROOK ROAD BETWEEN US 1 75 FRONTAGE ROAD AND JORDAN VALLEY ROAD.STAFF RECOMMENDATION IS APPROVAL SUBJECT TO AN AMENDED SITE.
SEE THAT THE APPLICANT IS HERE.
GOOD AFTERNOON, CHAIR, COMMISSIONERS AND STAFF.
UH, THE MATTER BEFORE YOU IS A REQUEST TO REVISE, UH, A FEW CONDITIONS.
HOW ABOUT NOW? UH, THE MATTER BEFORE YOU TODAY IS TO REVISE, UH, A FEW CONDITIONS OF AN EXISTING SUP FOR A PROPERTY IN SOUTHEAST DALLAS.
THIS PROPERTY IN THE PAST WAS USED AS A SOURCE OF FILL MATERIAL AND COVER MATERIAL FOR THE ADJACENT LANDFILL.
I WANNA BE VERY CLEAR THAT THERE IS, UH, NOTHING INVOLVED WITH THE DEVELOPMENT OF THE LANDFILL AT ALL.
UH, THE LANDFILL HAS BEEN CLOSED FOR OVER 20 YEARS.
UH, THE POND OR THE LAKE DETENTION AREA, FLOODPLAIN STORAGE, HOWEVER YOU WANNA DEFINE THE AREA, HAS BEEN IN PLACE AND A PART OF THE LOCAL HYDROLOGY FOR PROBABLY CLOSE TO 30 YEARS.
AND, UM, TO REMOVE THAT AND FILL IN AS THE CURRENT SUP CONDITIONS REQUIRE, UH, WOULD ESSENTIALLY REQUIRE US TO THEN GO BACK IN AND EXCAVATE AND RE AND REPLACE WITH FLOODPLAIN MITIGATION IN THE SAME MANNER.
UH, IT IS STAFF'S OPINION OWNER'S OPINION, UH, MY OPINION THAT IT IS A, UH, A MORE, A BETTER USE OF THIS PROPERTY TO LET IT REMAIN AS A POND, UH, AND A FLOODPLAIN STORAGE AREA RATHER THAN FILL IT IN.
AND TO DO THAT, WE NEED TO REVISE, UH, THE CONDITIONS OF THE SUP.
UH, I KNOW THERE WERE SOME OTHER QUESTIONS THAT CAME UP IN THE BRIEFING.
UH, I'M NOT GONNA PRESUME TO KNOW WHAT THEY ARE, SO I'M HERE TO ANSWER AS MANY AS I CAN.
IS THERE ANYONE ELSE THAT'D LIKE TO SPEAK ON THIS CASE? COMMISSIONER'S QUESTIONS FOR THE APPLICANT.
COMMISSIONER FRANKLIN? I DO HAVE A, A COUPLE OF QUESTIONS AND IT'S MY UNDERSTANDING THAT THERE'S RESIDENTS, SINGLE FAMILY HOMES TO THE SOUTHEAST OF THAT MANMADE POND, A LAKE.
UH, WHAT HAS THE COMMUNITY ENGAGEMENT BEEN, UH, BETWEEN THE OWNER WHO WANTS TO KEEP IT AS A MANMADE LAKE AND THE HOMEOWNERS IN THAT AREA? SURE.
TO MY KNOWLEDGE, BEYOND THE NOTICE THAT WAS REQUIRED, UH, NO ADDITIONAL COMMUNITY OUTREACH HAS BEEN DONE.
SOME OF THE NOTICES DID CONTACT THE PROPERTY OWNER AND AFTER A CONVERSATION THAT, HEY, WE'RE THE PLAN IS TO NOT DO ANYTHING, WE WANNA LEAVE IT AS IS.
UH, THERE WERE NO FURTHER OBJECTIONS.
I'M NOT SURE IF ANY ARE HERE TO SPEAK ON THAT FACT OR NOT, BUT THAT'S BEEN MY UNDERSTANDING IN TALKING WITH THE PROPERTY OWNER AND I DO UNDER A GOOD AUTHORITY, HAVE HEARD THAT THERE WERE CONCERNS IN THAT, IN THAT NEIGHBORHOOD OF FLOODING ISSUES.
NOW, I'M NOT AN ENGINEER, UH, BY NO MEANS OF THE, BY NO STRETCH OF THE IMAGINATION, UH, UH, WHAT TYPE OF ASSURANCE IS, UH, DO WE HAVE THAT THAT LAKE ISN'T CONTRIBUTING TO THE FLOODING ISSUES THAT THE, THAT NEIGHBORHOOD IS EXPERIENCING IN GENERAL.
UH, A LAKE AND A DETENTION FEATURE BIKE HAS BEEN DEVELOPED OVER TIME, WILL PROVIDE FLOOD PLAIN STORAGE AND WILL ATTENUATE FLOOD PLAINS AS RUNOFF RUNS THROUGH.
UH, IN GENERAL, RUNOFF GOES FROM THE NORTHEAST TO THE SOUTHWEST, UH, TOWARDS THE TRINITY RIVER.
UH, SO THE STORAGE THAT IS PROVIDED BY THIS LAKE, UH, ACTUALLY WILL PREVENT, UH, FLOODING OF NEARBY HOMES.
UH, IT WOULD BE DIFFICULT, UH, TO IMAGINE A SCENARIO WHERE HAVING THAT LAKE THERE WOULD ACTUALLY CONTRIBUTE TO THE FLOODING OF NEARBY HOMES.
UM, WERE THIS PROPERTY TO BE DEVELOPED, IT WOULD BE THE RESPONSIBILITY OF THE DEVELOPER TO MAKE THAT EXACT DEMONSTRATION.
YOU'RE YOU'RE TALKING ABOUT THAT THERE ARE NO ADVERSE IMPACTS AND FROM A HYDRAULIC AND HYDROLOGIC PERSPECTIVE, FILLING IN THIS POND WOULD BE A SIGNIFICANT HYDRAULIC ADVERSE IMPACT TO THE AREA.
UH, BECAUSE NOW ALL THAT WATER THAT WAS BEING STORED IN THIS LAKE THAT WAS CREATED NOW HAS NOWHERE TO GO.
AND YOU WOULD HAVE TO MITIGATE THAT PER DALLAS CODE AND THAT WOULD REQUIRE CREATING A DETENTION POND THAT YOU ESSENTIALLY JUST FILLED IN.
UH, SO I UNDERSTAND IT'S A, A GAME OF THE LESSER OF, OF TWO EVILS.
NOW THE, THE LAKE ITSELF HAS ONLY BEEN THERE FOR A LITTLE OVER A DECADE, CORRECT? IT'S BEEN, I I, I'M SORRY, I DIDN'T MEAN TO, IS THAT, IS THAT TRUE STATEMENT? THE AREA HAS BEEN MINED SINCE 1980, I WANNA SAY OVER 40 YEARS.
SO THERE HAS BEEN SOME LEVEL OF DEPRESSION AND WATER STORAGE FOR PROBABLY CLOSE TO 30 OF THOSE YEARS.
IF YOU LOOK AT SOME OF THE HISTORIC AERIALS THAT WERE IN THE REPORT, OR GOOGLE EARTH OR SOME OF THE OTHER SOURCES, YOU'LL SEE THIS AREA HOLDING WATER AS FAR BACK AS 2003.
[03:40:02]
OKAY.AND HAS THERE, AND IT'S MY UNDERSTANDING THAT THERE'S BEEN AND ENVIRONMENTAL ANALYSIS DONE ON THAT AREA, BUT WAS IT TAKE, WAS ANY CONSIDERATION GIVEN, UH, TO PEOPLE WHO LIVE NEARBY? AND THE REASON WHY I ASK THAT QUESTION, BECAUSE SOMETIMES, UH, YOU KNOW, HEALTH AND ENVIRONMENTAL IMPACTS AREN'T FELT FOR 10 YEARS OR 20 YEARS.
AND WE WANNA MAKE SURE, CONSIDERING THE FACTORS THAT SURROUNDING THIS PARTICULAR LAKE, IF WE HAVE A LANDFILL, UH, TO THE WEST, AND I'M SURE THERE MAY BE SOME SEEPAGE, AND IT JUST SOUNDS TO ME WITH A BODY OF WATER IN CLOSE PROXIMITY, UH, THAT THERE COULD BE SOME SEEPAGE, SOME, SOME LEAKAGE THAT COULD IMPACT PEOPLE.
SO I JUST WANTED TO UNDERSTAND THAT THIS WAS TAKEN INTO CONSIDERATION BECAUSE NECESSITY, YOU KNOW, HEALTH HAS TO BE A PRIORITY FOR US AND WE DON'T WANNA MAKE A DECISION KNOW EITHER WAY, UNLESS THOSE PARTICULAR POINTS HAVE BEEN VETTED OUT.
UH, THE LANDFILL, UH, THE TRINITY LANDFILL IS CURRENTLY WHAT'S CALLED, THEY ARE IN WHAT'S CALLED POST CLOSURE CARE.
UH, SO THEY ARE STILL OPERATING UNDER TCE Q'S ACTIVE PERMIT.
TCEQ STILL HAS REGULATORY AUTHORITY OVER THIS SITE AND WILL HAVE FOR, I THINK, 20 UNTIL 2039 AT THE EARLIEST DURING POST CLOSURE CARE PERIOD OF THE LANDFILL.
UH, GROUNDWATER AND GAS MIGRATION ARE MONITORED ON A QUARTERLY, QUARTERLY BASIS, ON A QUARTERLY BASIS, UH, FOR CONSTITUENTS ALL AROUND THE LANDFILL.
UH, SO THERE'S A SYSTEM OF WELLS THAT SURROUND THE LIMIT OF WASTE THAT ARE MONITORED, UH, FOR A WHOLE LIST OF CONSTITUENTS.
UH, TO THIS DATE, THE LANDFILL HAS BEEN IN COMPLIANCE WITH THEIR, UH, POST CLOSURE CARE REQUIREMENTS FOR MONITORING.
AND, UH, AS FAR AS I KNOW, UH, THINGS ARE IN ORDER, UH, FROM TCE Q'S PERSPECTIVE.
UH, SO FOR THE, AT LEAST THE NEXT 14 YEARS, UH, THIS, UH, LANDFILL WILL CONTINUE TO BE MONITORED UNDER THOSE SAME REQUIREMENTS.
IS THERE AN ALL THE INCOMP AND REPORT THAT ONE CAN REVIEW, UH, WITH THAT ANALYSIS THAT YOU JUST JUST MENTIONED? UH, THE, THE ANSWER IS NO.
UH, WE COULD, ONE COULD BE COMPILED.
UH, THERE, THERE ARE QUARTERLY REPORTS, UH, ON TCE Q'S WEBSITE, PUBLICLY AVAILABLE, UH, BUT READILY AVAILABLE TO ANSWER YOUR QUESTION.
COMMISSIONER'S QUESTIONS FOR THE APPLICANT.
WE DO HAVE OUR ENVIRONMENTAL FOLKS AVAILABLE.
ANY QUESTIONS? SEEING NONE, COMMISSIONER FRANKLIN, DO YOU HAVE A MOTION? I DO HAVE A MOTION.
I I STILL THINK WE NEED A LITTLE BIT MORE TIME, UH, ON THIS ONE, UH, BECAUSE IT IS SO IMPORTANT.
AND, UH, FIRST AND FOREMOST IS MY CONSIDERATION IS FOR THE HEALTH OF THE INDIVIDUALS.
I UNDERSTAND THE OTHER ISSUES THAT WOULD HAPPEN AND THE COMPLICATIONS IT, IT WOULD CAUSE TO GO BACK AND BACKFILL, UH, THAT LAKE.
AND IT MAY NOT, AT THE END OF THE DAY, IT MAY NOT MAKE SENSE TO, TO DO, TO DO SO, BUT WE WANNA MAKE SURE WE GET THIS, GET IT RIGHT.
AND SO WITH THAT IN THE MATTER OF Z 12 DASH 1 31, I MOVE TO KEEP THE PUBLIC HEARING OPEN AND HOLD THE MATTER UNDER ADVISEMENT UNTIL MARCH THE SIXTH.
AND I THINK THAT'LL GIVE US ENOUGH TIME, UH, TO, TO REVIEW THE INFORMATION THAT THE ENVIRONMENTALIST HAS, UH, THE HEALTH, UH, PROFESSIONAL THAT'S ALIGNED, UH, TO GIVE US THAT INSURANCE.
THANK YOU, COMMISSIONER FRANKLIN.
COMMISSIONERS, WE HAVE A MOTION, BUT COMMISSIONER FRANKLIN SAID, BUT COMMISSIONER HAMPTON TO, UH, KEEP THE PUBLIC HEARING OPEN, HOLD THE MATTER UNDER ADVISE HIM UNTIL MARCH 6TH FOR OTHER COMMENTS, COMMISSIONER HOUSE.
UM, I'M GONNA STRUGGLE A LITTLE BIT TO SUPPORT THE MOTION HERE.
I DON'T SEE THAT THERE'S REALLY ANY EVIDENCE.
UH, THE ENVIRONMENTAL ISSUES ARE EXTREMELY IMPORTANT AND I WOULD NOT DISCOUNT THOSE AT ALL.
I JUST DON'T SEE ANY EVIDENCE HERE THAT THAT'S A CAUSE OF CONCERN.
AND BY MY CALCULATION, THE AREA OF REQUEST IS A MINIMUM OF ONE THIRD OF A MILE FROM THE NEAREST RESIDENCE.
SO, UM, YOU KNOW, AT, AT THE RISK OF SOUNDING LIKE I DON'T CARE ABOUT ENVIRONMENTAL THINGS, I MEAN, I JUST, THIS, I THINK THIS CONTROLS STORM WATER.
WE'VE HEARD THAT IT, UM, WILL DO MORE DAMAGE TO REMEDIATE THIS THAN TO LEAVE IT.
SO, YOU KNOW, MAYBE WE'LL KNOW MORE IN, IN A FEW WEEKS, BUT, UM, MY RECOMMENDATION WOULD BE TO APPROVE IT TODAY.
ANY OTHER COMMENTS? COMMISSIONERS? WE HAVE A MOTION A SECOND.
UH, THE KEEP THE PUBLIC HEARING OPEN TO
[03:45:01]
MARCH 6TH.ALL THOSE IN FAVOR, PLEASE SAY AYE.
ANY OPPOSED? ONE IN OPPOSITION.
[23. 25-535A An application for a CS Commercial Service District with deed restrictions volunteered by the applicant and to maintain the areas with a D-1 Liquor Control Overlay on property zoned a CR Community Retail District and CS District with a D-1 Overlay, and an R-7.5(A) Single Family District, on the southeast line of South Belt Line Road, southwest of C.F. Hawn Freeway. Staff Recommendation: Approval, subject to deed restrictions volunteered by the applicant. Applicant: Milan Nguyen (sole owner), MNCN Development, LLC Representative: Karl A. Crawley, Masterplan Planner: Sarah May, AICP Council District: 8 Z234-277(GB/S]
NUMBER 23.OKAY, THE NEXT ITEM IS ITEM 23.
AN APPLICATION FOR A CS COMMERCIAL SERVICE DISTRICT WITH D RESTRICTIONS VOLUNTEERED BY THE APPLICANT AND TO MAINTAIN THE AREAS WITH A D ONE LIQUOR CONTROL OVERLAY ON PROPERTY ZONED AS CR COMMUNITY, RETAIL DISTRICT AND CS DISTRICT WITH A D ONE OVERLAY AND AN R SEVEN FIVE, A SINGLE FAMILY DISTRICT ON THE SOUTHEAST LINE OF SOUTH BELTLINE ROAD, SOUTHWEST OF CF ON FREEWAY STAFF.
RECOMMENDATION IS APPROVAL SUBJECT TO DE RESTRICTIONS VOLUNTEERED BY THE APPLICANT.
CARL CROWLEY, 2201 MAIN STREET, DALLAS, TEXAS.
UM, THIS REQUEST IS NOW A CS, UH, WITH DEED RESTRICTIONS.
UH, I THINK IT'S NOTED IN THE, UH, APPLICA IN YOUR DOCKET.
UM, MY ORIGINAL APPLICATION WAS A PLAN DEVELOPMENT DISTRICT, UM, WITH SOME ADDITIONAL CONDITIONS.
UH, WHAT WE WOULD LIKE TO DEVELOP ON THIS SITE IS A SMALL SELF-STORAGE, UH, DEVELOPMENT OR, OR SOME UNITS AND SOME RETAIL ON THE, ON THE BELTLINE ROAD FRONTAGE.
UM, BACK IN JULY OF LAST YEAR, WE HAD A, UH, MEETING, UH, UH, MS. BLAIR HAS A, UH, MS. BLAIR HAD, I GUESS HAD, SHE'S, NO, SHE'S STILL AROUND.
UM, HAD A, UH, MONTHLY MEETING WITH THE RILEY KLEBERG NEIGHBORHOOD ASSOCIATION SORT OF GROUPS.
UM, AND WE PRESENTED, UM, OUR PLAN DEVELOPMENT DISTRICT AT THAT TIME TO THEM.
AND, AND THEY, UH, WERE IN AGREEMENT THAT IT WAS A GOOD REQUEST.
AND, AND, AND COMMISSIONER BLAIR AT THAT TIME ASKED THAT WE MAKE IT A PLANNED DEVELOPMENT DISTRICT.
UM, THIS, UH, THE APPLICATION WAS, AND THE FEE WERE PAID.
AND IF YOU'LL LOOK, ACTUALLY THE, UH, THE AMOUNT OF NOTIFICATION IS BASED ON 500 FEET, WHICH WOULD'VE BEEN A PLANNED DEVELOPMENT DISTRICT, UM, AT 4.13 ACRES.
I DON'T THINK IT WOULD BE 500 FEET.
UM, THE STAFF ASKED THAT WE, UM, THEY, THEY WOULD NOT SUPPORT A PLANNED DEVELOPMENT DISTRICT AND ASKED THAT WE CHANGE IT TO A CS DISTRICT.
AND THEN THE LIST OF DEED RESTRICTIONS.
UM, DURING THE BRIEFING IT CAME UP ABOUT SOME THINGS ABOUT SCREENING AND THINGS OF THAT NATURE.
THOSE, THOSE WERE ACTUALLY IN OUR, UM, PLAN DEVELOPMENT DISTRICT, INCLUDING, AS I RECALL, UM, A CONDITION THAT SAID WE, WE COULDN'T, UH, GET A CO FOR THE MANY WAREHOUSES, SELF STORAGE, WHATEVER YOU WANT TO CALL 'EM, UNTIL WE HAD APPLIED FOR A PERMIT FOR, FOR SOME OF THE RETAIL STUFF TO MAKE IT SO WE'RE NOT DOING JUST THAT.
UM, AND, AND IT SHOWED A DEVELOPMENT PLAN AND, AND I PASSED ON TO, UH, COMMISSIONER, UM, THE DEVELOPMENT PLAN, UH, THAT WAS ATTACHED TO IT.
THERE, THERE ARE SOME EASEMENTS THAT GO THROUGH THIS PROPERTY.
THIS PROPERTY IS A JIGSAW PUZZLE OF THINGS THAT REALLY LENDS ITSELF TO A, UH, SELF-STORAGE DEVELOPMENT.
'CAUSE YOU CAN MOVE THINGS AROUND A LOT EASIER IN THAT SCENARIO.
UM, AND, AND AS IT CAME OUT IN THE BRIEFING, THERE'S A PROXIMITY SLOPE AND OTHER THINGS.
IF THERE ARE OTHER USES, IF YOU ARE SO INCLINED TO, TO DO A, UH, DEED RESTRICTION.
IF THERE'S OTHER USES THAT WE'VE LEFT OUT THAT ARE OFFENSIVE, I, I HAVE NO PROBLEM ADDING THAT OR ADDING, UH, A SCREENING WALL.
WHAT THE PLAN WAS TO USE THE, UH, THE CLASSIC YOU USE THE BACK OF THE, OF THE, UH, SELF STORAGE.
IT HAS NO WINDOWS TO DOORS, IS IT'S A MASONRY WALL, AND THAT'S PART OF THE SCREENING WALL, WHICH MAKES SENSE.
YOU DON'T HAVE A WALL THEN A WALL.
UM, HOWEVER, IF YOU'D LIKE TO, UM, HOLD IT AND WE BRING THIS BACK IN THE, IN THE FORM THAT IT ORIGINALLY, UH, WAS BIRTHED, UH,
I THINK THE STAFF HAS ALL THE DOCUMENTATION.
I DON'T KNOW WHERE THE STAFF RECOMMENDATION WILL BE, BUT, UM, I'VE ALWAYS BEEN IN FAVOR.
SORRY, I PROBABLY HAVE HALF THE PDS IN THIS TOWN WHERE PROBABLY HAVE MY NAME SOMEWHERE ON THERE.
THERE MAY BE QUESTIONS FOR YOU.
ANY OTHER SPEAKERS ON THIS ITEM? COMMISSIONER'S QUESTIONS FOR MR. CRAWLING? QUESTIONS FOR STAFF? SEEING NONE, COMMISSIONER FRANKLIN MOTION, SIR? YEAH, I, I DO AGREE WITH, UH, MR. CROWLEY HERE.
I THINK THAT THIS NEEDS A LITTLE BIT MORE TIME AND WE'RE GONNA, WE'LL PUT IT ON HOLD.
AND SO, UH, WITH THAT, GIVE MY CLIFF NOTES OUT.
SO IN REGARDS TO THE MATTER Z 2 34 DASH 2 77, I MOVE
[03:50:01]
TO KEEP THE PUBLIC HEARING OPEN AND HOLD THE MATTER UNDER ADVISEMENT UNTIL MARCH THE SIXTH.WOULD THAT BE WITH INSTRUCTIONS TO THE STAFF TO RE ADVERTISE FOR A PD WITH INSTRUCTIONS TO THE STAFF TO RE ADVERTISE FOR A PD YEAH, RE ADVERTISE FOR, FOR A PD, UM, QUESTION.
IT MIGHT TAKE A LITTLE BIT MORE TIME TO GET THE STAFF REPORT TOGETHER FOR A WHOLE PD BY THE SIXTH, BUT I COULD DO MY BEST.
SORRY, I JUST WANNA BE CLEAR WHAT WAS REPRESENTED TODAY? UH, MY PREDECESSOR, YOU SPOKE TO MY PREDECESSOR AND SHE WAS ON BOARD WITH IT DRAFTED AS A PD.
ACTUALLY, I WAS MORE THAN ON BOARD.
IT IS, UH, COMMISSIONERS HAVE A MOTION A SECOND TO KEEP THE PUBLIC HEARING OPEN.
HOLD THE MATTER UNDER ADVISEMENT UNTIL MARCH 20TH.
ANY DISCUSSION? COMMISSIONER HAMPTON? WHO SECOND? UH, I, COMMISSIONER CARPENTER SECOND AND I FAILED TO SAY IT, WROTE IT DOWN.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
LET'S TAKE A 10 MINUTE BREAK AT 2 37.
IT IS 2:48 PM WE'RE BACK ON THE RECORD.
WE'LL TAKE THE NEXT CASE WITH, WHICH IS CASE NUMBER 24 Z 2 45 1 0 9.
UH, ITEM NUMBER 24 IS Z 2 4500 0 9.
AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE RECREATION CENTER, CLUB, OR AREA AND PROPERTY LOCATED IN AN NSA NEIGHBORHOOD SERVICE DISTRICT ON THE WEST LINE OF MARSH LANE, SOUTH OF MONET PLACE.
STAFF RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL 10 YEAR PERIODS SUBJECT TO A SITE PLAN AND CONDITIONS.
WE'RE, WE'RE GONNA TABLE THE ITEM FOR JUST A MINUTE AND WE, WE'LL COME BACK TO IT.
LET'S, LET'S PUT THIS CASE ASIDE FOR THE MOMENT AND GO TO 26.
[26. 25-538A An application for 1) a TH-3(A) Townhouse District; and 2) the termination of deed restrictions [Z167-361] on property zoned an NO(A) Neighborhood Office District, on the southeast corner of North Hampton Road and Calypso Street. Staff Recommendation: Approval. Applicant: Niraj Puri Planner: LeQuan Clinton U/A From: October 24, 2024 and November 21, 2024. Council District: 6 Z234-195(LC)]
THANK YOU, PLEASE.IT'S C 2 3 4 1 95, AN APPLICATION FOR A TH THREE TOWNHOUSE DISTRICT AND THE TERMINATION DEED RESTRICTIONS.
C 1 67 2 1 ON PROPERTY ZONED IN NOA NEIGHBORHOOD OFFICE DISTRICT ON THE SOUTHEAST CORNER OF NORTH HAMPTON ROAD AND CALYPSO STREET.
RECOMMENDATION IS APPROVAL YOU VERY MUCH, UH, IS THE APPLICANT HERE WOULD LIKE TO BE HEARD OR SAYS NUMBER 26 Z 2 34 1 95.
ANY QUESTIONS FOR STAFF ON THIS ITEM? CNN COMMISSIONER CARPENTER, DO YOU HAVE A MOTION? YES.
IN THE MATTER OF Z 2 3 4 DASH 1 95.
I MOVE THAT WE KEEP THE PUBLIC HEARING OPEN AND PUT THIS CASE UNDER ADVISEMENT UNTIL THREE SIX.
THANK YOU COMMISSIONER CARPENTER FOR YOUR MOTION.
COMMISSIONER HAMPTON FOR YOUR SECOND.
ANY COMMENTS? I'LL JUST SAY WE'RE WORKING ON DEED RESTRICTIONS FOLLOWING A COMMUNITY MEETING.
THANK YOU, COMMISSIONER CARPENTER.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
[28. 25-541A An application for a Planned Development Subdistrict for HC Heavy Commercial Subdistrict uses on property zoned an HC Heavy Commercial Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District bound by Cedar Springs Road, Maple Avenue, North Pearl Street, and McKinney Avenue. Staff Recommendation: Approval, subject to a conceptual plan, development plan, Subarea A landscape plan, Subarea B landscape plan, and staff’s recommended conditions. Applicant: GPIF TC Owner LLC Representative: Victoria Morris Planner: Martin Bate U/A From: January 23, 2025. Council District: 14 Z234-243(MB)]
ITEM 28 IS CASE Z 2 34 DASH 2 43.AN APPLICATION FOR A PLANNED DEVELOPMENT SUBDISTRICT FOR HC HEAVY COMMERCIAL SUBDISTRICT USES ON PROPERTIES ZONE IN HC HEAVY COMMERCIAL SUBDISTRICT WITHIN PLANNED DEVELOPMENT DISTRICT NUMBER 1 9 3.
THE OAK LAWN SPECIAL PURPOSE DISTRICT FOUND BY CEDAR SPRINGS ROAD, MAPLE AVENUE, NORTH PEARL STREET IN MCKINNEY AVENUE.
STAFF RECOMMENDATION IS APPROVAL SUBJECT TO A CONCEPTUAL PLAN DEVELOPMENT PLAN SUB AREA.
A LANDSCAPE PLAN IS BRIEFED SUB AREA B LANDSCAPE PLAN AND STAFF'S RECOMMENDED CONDITIONS IS BRIEFED.
I SEE THAT THE APPLICANT IS HERE.
THERE'S A LITTLE BUTTON THERE FOR THE MICROPHONE.
UH, MR. CHAIR, DISTRICT 14, COMMISSIONER KINGSTON, MEMBERS OF THE CITY PLANNING COMMISSION, I DEVOTED STAFF.
MY NAME IS JOSEPH PITCHFORD, 200 CRESCENT COURT IN DALLAS.
[03:55:01]
MANAGING DIRECTOR AND CITY OF DALLAS LEADER FOR CRESCENT REAL ESTATE.I'M PROUD TO BE HERE TODAY IN SUPPORT OF OUR ZONING APPLICATION FOR CRESCENT POINT TOWER.
CRESCENT POINT TOWER IS OUR LATEST PROJECT IN UPTOWN DALLAS, A NEIGHBORHOOD WE HAVE NURTURED AS A DEVELOPER AND OWNER FOR MORE THAN 30 YEARS.
TODAY WE ARE THE LARGEST PROPERTY INVESTOR IN UPTOWN, BUT MORE IMPORTANTLY, UPTOWN IS OUR HOME.
WE BELIEVE CRESCENT POINT TOWER BUILDS ON OUR LEGACY IN UPTOWN WITH 200 APARTMENT HOMES.
THE PROJECT COMPLETES THE CRESCENT CAMPUS.
FOR THE FIRST TIME, PEOPLE WILL BE ABLE TO LIVE AT THE CRESCENT.
MORE EYES ON THE STREET, MORE PUBLIC SAFETY, MORE PEDESTRIAN ACTIVITY.
WE ARE ENORMOUSLY PROUD THAT THIS PROJECT RECEIVED A RARE UNANIMOUS SUPPORT FROM THE OAKLAWN COMMITTEE.
WE THINK THEIR SUPPORT WAS DUE IN PART TO THE DETAILED ATTENTION WE GAVE TO THE GROUND FLOOR PLANE THROUGH LANDSCAPE AND PEDESTRIAN FRIENDLY FEATURES.
IN ADDITION, CRESCENT POINT TOWER HAS EMBRACED NUMEROUS FEATURES WHICH ALIGN WITH THE CITY OF DALLAS CCAP COMPREHENSIVE ENVIRONMENTAL AND CLIMATE ACTION PLAN.
WORKING CLOSELY WITH COMMISSIONER KINGSTON, WE WILL MAKE CRESCENT POINT TOWER A DEMONSTRATION PROJECT FOR CCAP AND OTHER SUSTAINABILITY IDEAS.
ONE OF OUR MOST IMPORTANT SUSTAINABILITY FEATURES.
CRESCENT POINT TOWER USES 100% EXISTING PARKING.
THE PARKING NEEDED TO SUPPORT THIS BUILDING ALREADY EXISTS IN OUR SURPLUS PARKING BENEATH THE CRESCENT, THE USE OF EXISTING PARKING DRAMATICALLY SHORTENS THE CONSTRUCTION SCHEDULE AND AVOIDS ALMOST 2000 TONS OF CO2 EMISSIONS.
SUZANNE KEDRON OF JACKSON WALKER WILL FURTHER DESCRIBE OUR COMMITMENTS TO CCAP.
FOLLOWING THAT, SUZANNE AND I CAN ANSWER ANY QUESTIONS YOU MAY HAVE ABOUT CRESCENT POINT TOWER.
GOOD AFTERNOON CHAIR MEMBERS OF THE DALLAS CITY PLAN COMMISSION.
UM, THANK YOU FOR ALLOWING US AN EXTRA TWO WEEKS.
WE WORKED ON WHAT WE THOUGHT WAS A ELEGANT SOLUTION WITH OUR ENVIRONMENTALLY, UH, SUSTAINABLE SCORECARD.
IT INCORPORATES A LOT OF THE THINGS THAT I KNOW IS IMPORTANT TO OUR COMMISSIONER OF THE DISTRICT, INCLUDING, UM, YOU KNOW, THINGS LIKE THE 2000 TONS OF CO2, WE'LL BE ABLE TO CAPTURE THAT.
SPECIMEN TREES, APIARIES, URBAN GARDENS, UM, AND WE LAID IT OUT IN A SCORECARD FASHION SO THAT WAY WE COULD USE IT AS A DEMONSTRATION AND AS A TEST PROJECT TO REALLY, UM, CODIFY THE THINGS THAT MR. PITCHFORD WAS TALKING ABOUT EARLIER.
BUT HERE TO ANSWER ANY QUESTIONS.
ARE THERE ANY OTHER SPEAKERS? YES, SIR.
I'M PHIL PERRY AND I'M THE, IS IT ON THE MICROPHONE? MIGHT HAVE TURNED OFF.
IT'S ON OR, OR YOU MIGHT HAVE TO PULL IT DOWN TOWARDS YOU A LITTLE BIT SO OUR FOLKS ON LINE CAN HEAR YOU.
I RESIDE AT 36 10 NORTH VERSAILLES AND I AM SERVING AS THE OAKLAWN COMMITTEE CITY LIAISON.
THE CRESCENT COURT DEVELOPMENT TEAM CAME BEFORE THE OAK LAWN COMMITTEE AND PRESENTED ON THIS PROJECT ON BOTH APRIL 3RD AND MAY 8TH.
OUR MEMBERS UNANIMOUSLY VOTED TO SUPPORT THE PROJECT AS PRESENTED ON MAY 8TH.
ARE THERE ANY OTHER SPEAKERS THAT WOULD LIKE TO SPEAK ON THIS ITEM? COMMISSIONERS QUESTIONS FOR OUR SPEAKERS? I JUST HAVE ONE VERY BRIEF QUESTION FOR YOU, MR. PITCHFORD, JUST ABOUT THE PARKING, UH, UH, JUST GIVE US SOME OF THE NUMBERS AND SOME OF THE EXISTING PARKING AND HOW THAT'S GONNA ABSORB THE DEVELOPMENT THAT YOU'RE PLANNING THERE.
THERE ARE MORE THAN 3000 PARKING SPACES BENEATH THE CRESCENT TODAY.
UH, WE HAVE COUNTED IT EVERY WHICH WAY AT EVERY TIME OF YEAR BEFORE COVID AFTER COVID, WE HAVE AT LEAST 18 EIGHT, SORRY, 800 SURPLUS SPACES.
SO WE'LL USE THE 350 PLUS OR MINUS SPACES NEEDED FOR THIS PROJECT FROM THAT EXISTING SURPLUS.
WE'LL HAVE TO GO DOWN TO GO OVER TO GET TO THEM, BUT WE'RE PROUD OF THIS.
AND WE THINK THERE ARE MANY, MANY OTHER PROJECTS IN OUR CITY AND OTHER CITIES THAT CAN USE EXISTING PARKING.
IF PEOPLE ARE CLEVER IN THE WAYS TO GET TO THAT AND THE, THE SAVINGS TO THE ENVIRONMENT AND CONSTRUCTION SCHEDULE AND DUST AND NOISE WOULD BE TREMENDOUS.
ANY OTHER QUESTIONS? COMMISSIONERS QUESTIONS FOR STAFF? SEE NONE.
COMMISSIONER KEYSTON, DO YOU HAVE A MOTION? I DO IN THE MATTER OF Z 2 34 DASH 2 43.
A MOVE THAT WE CLOSE THE PUBLIC HEARING AND APPROVE THE ITEM AS BRIEFED,
[04:00:01]
SUBJECT TO THE CONCEPTUAL PLAN DEVELOPMENT PLAN, SUB AREA A LANDSCAPE PLAN, SOME AREA B LANDSCAPE PLAN AND STAFF'S RECOMMENDATIONS.UM, THOSE THAT WERE CIRCULATED MOST RECENTLY, UM, BY STAFF AND SUBJECT TO THE FOLLOWING CHANGES IN SECTION 0.11 OFF STREET PARKING AND LOADING.
I MOVE THAT WE ADOPT THE APPLICANT'S LANGUAGE AND NOT STAFF'S RECOMMENDATION IN SUBSECTION 0.17 MIXED INCOME HOUSING.
I MOVE THAT WE ADOPT THE APPLICANT'S LANGUAGE AND NOT STAFF'S RECOMMENDATION.
COMMISSIONER, CAN YOU OVER YOUR MOTION AND COMMISSIONER HAMPTON FOR YOUR SECOND? ANY COMMENTS? I HAVE COMMENTS, PLEASE.
FIRST I WANNA THANK CITY STAFF AND THE DEVELOPERS TEAM FOR WORKING ON THIS.
UM, I WANNA GIVE A SPECIAL SHOUT OUT TO VICTORIA MORRIS WHO, UH, RELENTLESSLY HARASSED ME WHEN I WAS ON VACATION TO GET THIS DONE.
UM, YOU KNOW, THIS BRINGS 200 HOUSING UNITS TO UPTOWN.
UM, IT WILL PAY INTO OUR FEE AND LIE.
UM, IT'S GOT GREAT URBAN DESIGN.
I'M DISAPPOINTED THAT MR. PITCHFORD DID NOT BRING HIS MODEL.
HE'S GOT A LITTLE PLASTIC MODEL TO SHOW US.
UM, YOU KNOW, TO THE POINT I MADE IN THE LAST ZONING CASE, IT IS AN INCREASE IN DENSITY FOR THE AREA.
IT WILL BE THE TALLEST RESIDENTIAL BUILDING IN THIS LITTLE AREA.
UM, AND IT TAKES, YOU KNOW, GREEN SPACE AND TURNS IT INTO HOUSING WITH, UM, YOU KNOW, SOME, SOME AMOUNT OF OPEN SPACE.
BUT CERTAINLY IT IS CONVERTING SOME OF THAT OPEN SPACE INTO HOUSING.
UM, I THINK THAT, YOU KNOW, AS YOU HEARD FROM THE LIAISON AND OAKLAWN COMMITTEE, THERE WAS A LOT OF COMMUNITY INTERACTION TO GET THIS PROJECT RIGHT.
UM, THERE ARE A LOT OF THINGS I LIKE ABOUT IT.
IT IS THOUGHTFUL IN HOW IT HANDLES OFF STREET, UM, RIDE SHARE LOADING AND SHORT TERM DELIVERIES.
UH, IT TAKES WHAT IS NOW SIDEWALKS THAT ARE UP AGAINST THE CURB, MOVES THEM IN AND CREATES A LANDSCAPE BUFFERING FOR PEDESTRIANS.
UM, AND THE, IT'S THE POSTER CHILD FOR COMPLIANCE WITH OUR CCAP AND REALLY BUILDING TODAY'S BUILDINGS FOR TOMORROW.
UM, I WANNA, I WANNA TALK ABOUT A COUPLE OF THINGS THAT THE DEVELOPER, I GUESS WAS TOO SHY TO MENTION.
UM, YOU KNOW, AND USING THE EXISTING BELOW GRADE PARKING.
AND, AND I WANNA POINT OUT, YOU KNOW, PEOPLE SAY, OH, UPTOWN IS, IS CLOSE TO TRANSIT.
UPTOWN'S NOT REALLY SERVED BY DART LIGHT RAIL.
THERE'S THE MCKINNEY CHARLIE, AND THEN THERE'S DART ON 75.
THAT'S NOT REALLY THE SAME AS BEING A NEIGHBORHOOD THAT IS TRULY SERVED BY LIGHT RAIL.
UM, AND SO, YOU KNOW, I THINK IT'S IMPORTANT THAT THIS, THIS DOES HAVE AMPLE PARKING AND FRANKLY, THE MARKET DEPENDS ON IT OR, OR DEMANDS IT.
UM, BUT IF YOU TAKE THE AMOUNT OF, OF PARKING THAT THEY ARE GOING TO PROVIDE, AND IT'S ALREADY THERE AND IT CREATES A REDUCTION OF ABOUT 1800 TONS OF CO2, THAT REDUCTION IN GREENHOUSE CAES HELPS LIMIT GLOBAL WARMING.
ONE TON OF CO2 IS THE EQUIVALENT OF THE ELECTRICITY CONSUMPTION OF, OH, MORE THAN HALF THE AVERAGE HOUSEHOLD IN A YEAR.
IT'S THE EQUIVALENT OF DRIVING A GASOLINE CAR FOR 5,000 MILES.
IT'S THE EQUIVALENT OF TAKING 72 HIGH SPEED TRAIN TRIPS, 300 MILES EACH, MULTIPLY THAT TIMES 18 THOU 1800.
THAT'S THE CO2 SAVINGS THAT THIS PROJECT BRINGS.
CAPTURING A TON OF CO2 REQUIRES GROWING 50 TREES FOR A YEAR.
SO, YOU KNOW, AND, AND I'LL NOTE THAT THIS PLAN PROVIDES DOUBLE THE AMOUNT OF TREES THAT PD 1 93 REQUIRES.
UM, AND THOUGH THE SITE IS JUST THE POINT, THERE ARE CHANGES TO THE OVERALL SITE.
AND YOU CAN SEE THAT REFLECTED IN THE LANDSCAPING.
IT ALSO PROVIDES, UM, A NEW WAY OF LOOKING AT THESE PROJECTS.
AND THIS IS SOMETHING THAT WE TOOK A LITTLE EXTRA TIME ON, AND IT'S THE SCORECARD.
IT'S FOCUSED ON PD 1 93, BUT I THINK IF IT'S SOMETHING THAT THE DEVELOPMENT COMMUNITY LIKES, IT CAN BE EXPANDED BEYOND THAT.
IT'S AN ENVIRONMENTAL AND SUSTAINABILITY DESIGN COMPLIANCE SCORECARD WITH A LIST OF THINGS THAT IN ORDER TO GET TO A CERTAIN POINT, DEVELOPERS HAVE SOME FLEXIBILITY IN HOW THEY GET
[04:05:01]
THERE SO THAT THEY CAN CHOOSE THE ENVIRONMENTAL COMPONENTS THAT MAKE THE MOST SENSE FOR THEIR PROJECT AND FOR THEIR SITE, AND MAYBE EVEN FOR SURROUNDING USES.AND SO THE, THE NEGOTIATION POINT IN A PD WILL BE HOW MUCH POINTS DO YOU NEED TO GET FOR THE AMOUNT OF ZONING YOU'RE ASKING FOR? AND THEN LET THE DEVELOPMENT TEAM GO FROM THERE TO HAVE SOME FLEXIBILITY.
AND I HOPE THAT THAT IS SOMETHING THAT, YOU KNOW, LONG TERM THE DEVELOPMENT COMMUNITY LIKES.
UM, MY PLAN IS TO SEND IT OUT TO THE DEVELOPMENT COMMUNITY FOR FEEDBACK.
I WOULD WELCOME ANY FEEDBACK FROM THIS COMMISSION.
UM, AND, YOU KNOW, FINALLY, THIS OFFERS, YOU KNOW, THEY'RE INCORPORATING HABITAT GARDENS, BUT THEY'RE GOING ABOVE AND BEYOND THAT BECAUSE NOT ONLY ARE THEY DOING HABITAT GARDENS, THEY'RE DOING URBAN FOOD PRODUCTION GARDEN.
AND THEY'VE DONE A LOT OF RESEARCH ON HOW TO MAKE APIARIES SUCCESSFUL IN AN URBAN SITE LIKE THIS.
AND THEY'RE OFFERING HABITAT FOR OTHER POLLINATORS BECAUSE IN AN URBAN SITE, PARTICULARLY WHERE YOU HAVE LEAF BLOWERS AND STUFF, A LOT OF THOSE POLLINATOR HABITATS GET DESTROYED, PARTICULARLY OVER THE WINTER.
AND SO THEY'RE CREATING THOSE TYPE OF HABITATS.
AND THAT ALSO GOES TO HELP NOT ONLY SUSTAIN THOSE LIFE, THE LIFE OF THOSE POLLINATORS, BUT ALSO INCREASE PRODUCTION OF, UM, OUR FLOWERS IN OUR FOOD SOURCES.
NOT JUST IN THE IMMEDIATE AREA, BUT FOR MILES AROUND.
UM, AND SO I COULD, I COULD GO ON ABOUT WHAT THAT REALLY MEANS IN TERMS OF FOOD PRODUCTION AND POLLINATION AND STUFF AND, AND THE ECONOMIC IMPACT.
BUT I'VE ALREADY GIVEN THAT SPEECH A COUPLE TIMES, SO I'LL SAVE YOU ALL FROM IT.
UM, BUT THE LAST THING THAT THIS DEVELOPER'S COMMITTED TO DO IS TO CREATE SIGNAGE FOR THE, FOR THE HABITAT GARDENS, RECOGNIZING THAT IT'S PARTICIPATING IN THE CITY'S CA PROGRAM.
AND I'M HOPEFUL THAT WE'LL COME UP WITH SIGNAGE THAT CAN THEN BE USED AS A TEMPLATE FOR OTHER HABITAT GARDENS AROUND THE CITY SO THAT WE CAN USE THAT AS AN EDUCATION TOOL FOR PEOPLE WHO MAINTAIN THOSE GARDENS, FOR PEOPLE WHO VISIT THOSE GARDENS.
AND DALLAS WITH THE PROGRAMS WE'VE ALREADY APPROVED, UM, IS ON TRACK TO BE THE LARGEST CITY IN THE UNITED STATES IN TERMS OF PROTECTED HABITAT LANDSCAPE IN THE URBAN CORE.
AND SO THIS IS JUST GOING TOWARDS CONTINUING THAT MISSION AND CONTINUING THAT, UM, URBAN RESPONSIBILITY AND THAT CLIMATE RESPONSIBILITY THAT WE ALL SHOULD BE, UM, SEEKING TO ACHIEVE.
SO THOSE ARE SOME OF THE HIGHLIGHTS ABOUT THIS PROJECT THAT I REALLY LIKE.
I HOPE THAT YOU ALL CAN SUPPORT IT.
UH, ANY OTHER COMMENTS? COMMISSIONERS, PLEASE.
THANK YOU FOR YOUR HARD WORK, ALL OF YOU GUYS'.
THANK YOU FOR ROLLING OUT THE RED CARPET FOR PRESENTATION TO ME.
UM, YOU KNOW, I, MY JOB IS TO BE THE HISTORICAL GUY AT THIS TIME AND IT'S BLACK HISTORY MONTH.
UM, WE HAD A CONVERSATION ABOUT, UH, THIS BEING FREE TIME FREEDOM IN TOWN, UM, BEFORE THE CRESCENT.
WE TALKED ABOUT HOW, YOU KNOW THIS, THIS IS THE EXAMPLE OF HOW GENTRIFICATION CAN TEAR UP A NEIGHBORHOOD.
UM, I MENTIONED THAT A LADY BY MARY JORDAN AND HER HUSBAND VALENTINE JORDAN STARTED THE FIRST BLACK CATHOLIC CHURCH.
AND ACTUALLY IT WAS THE SECOND CHURCH BUILT AFTER THE CATHEDRAL WAS BUILT ACROSS DOWNTOWN.
UM, MS. JORDAN WASN'T, DIDN'T HAVE CHILDREN, SHE WASN'T CATHOLIC, HER HUSBAND WAS LITERALLY A CUSTODIAN FOR THE NUNS AND SAW THEM EDUCATING CHILDREN, EDUCATING STUDENTS.
UM, MS. VALENTINE WAS THE QUEEN OF THE CITY.
SHE MADE SURE THAT PEOPLE WHO CAME TO FREEDMAN'S TOWN HAD WHAT THEY NEEDED TO SURVIVE, INCLUDING RELIGION.
SHE SAW THAT THERE WAS A NEED FOR THIS.
WENT TO BISHOP DUNN AND ASKED FOR HIM TO SUPPORT A CHURCH AND A SCHOOL TO BE BUILT IN THIS NEIGHBORHOOD.
AND IT WAS THAT THAT SCHOOL EDUCATED A LOT OF POLITICIANS AND AND FAMOUS AFRICAN AMERICANS IN THE CITY OF DALLAS.
UM, AND UP UNTIL THE EIGHTIES WHEN, UH, GENTRIFICATION FINALLY TOOK OVER WAS THE PROMINENT AFRICAN AMERICAN CHURCH FOR BLACK CATHOLICS IN THIS CITY.
UM, UNFORTUNATELY WOODALL ROGERS OTHER OPTIONS, UM, CHANGED THAT.
AND A BISHOP CAME TO THAT BLACK CATHOLIC CHURCH, UM, ASKED TO LET IN POLISH IMMIGRANTS WHO WERE COMING INTO OUR CITY.
UM, AND OVER TIME IT HAS BECOME A MAINLY POLISH PARISH WITH A SMALL AFRICAN AMERICAN FOOTPRINT.
UM, BUT TODAY IT IS THE MOTHER CHURCH OF AFRICAN AMERICAN CATHOLICS IN THIS CITY.
SO THANK YOU FOR TAKING THE TIME TO LISTEN TO THAT DURING OUR CONVERSATION.
UM, AND FINDING WAYS TO GIVE BACK TO THE COMMUNITY AS THE CRESCENT IS A PILLAR OF THE CITY.
UM, AND CAN DO A LOT IN THE SOUTHERN SECTOR.
[04:10:01]
ANY OTHER COMMENTS? CNNL IS IN FAVOR, PLEASE SAY AYE.[29. 25-542A An application for an amendment to Planned Development District No. 917 on the northwest line of Manor Way, between Maple Avenue and Denton Drive. Staff Recommendation: Approval, subject to amended conditions Applicant: DLF Denton, LLC Representative: Tommy Mann and Daniel Box, Winstead PC Planner: Martin Bate U/A From: January 23, 2025. Council District: 2 Z234-326(MP)]
CASE.AN APPLICATION FOR A PLANNED AMENDMENT TO, EXCUSE ME FOR AN AMENDMENT TO PLAN DEVELOPMENT DISTRICT NUMBER 9 1 7 ON THE NORTHWEST LINE OF MANOR WAY BETWEEN MAPLE AVENUE AND DENTON DRIVE.
STAFF RECOMMENDATION IS APPROVAL SUBJECT TO AMENDED CONDITIONS.
IS THE APPLICANT HERE? THERE WE GO.
TOMMY MANN 500 WINSTEAD BUILDING, UH, REPRESENTING THE APPLICANT.
THIS IS A UNIQUE POSTURE FOR YOU ALL IN THAT MY CLIENT OWNS THE PROPERTY BUT IT HAS BEEN LEASED TO THE DEPARTMENT OF AVIATION OF THE CITY, UH, FOR A LONG PERIOD OF TIME.
SO THE IMPETUS FOR THIS REQUEST IS TO ALLOW A FUTURE CONSOLIDATION OF LOVE FIELD'S, RENTAL CAR FACILITIES TO BE CONSTRUCTED ON THIS SITE.
UH, SO WE'VE PAUSED FOR TWO WEEKS TO WORK WITH COMMISSIONER HAMPTON ON VARIOUS ADDITIONS TO THE CONDITIONS.
I'LL SUMMARIZE BRIEFLY AND I APOLOGIZE FOR THE MOTION THAT SHE'S LIKELY TO MAKE.
UM, BUT I WILL ENCOURAGE YOU 'CAUSE ONE OF OUR CHANGES IS TO REQUIRE A DEVELOPMENT PLAN FOR THIS USE AND SPECIFICALLY DELINEATE ON THAT PLAN FOR YOU WHERE THE SHUTTLES AND DROP OFF WILL OCCUR AND NOT QUEUE IN THE RIGHT OF WAY.
BUT WE ENCOURAGE YOU TO GIVE THE APPLICANT ON THE FUTURE DEVELOPMENT PLAN YOUR BEST EFFORTS.
IT WILL BE THE DEPARTMENT OF AVIATION WHEN THEY COME FORWARD WITH THAT FOR YOU ALL TO REVIEW.
UH, WE'VE ALSO ADDED AN URBAN FORM SETBACK ON MAPLE.
WE'VE LOWERED THE HEIGHT FROM A HUNDRED TO 80 FEET AND EIGHT STORIES PROVIDED SOME GROUND LEVEL ACTIVATION REQUIREMENTS FOR THE GARAGE, BEEFED UP THE SCREENING REQUIREMENTS A BIT INCLUDING HOW WE TREAT THE FACADE OF THE STRUCTURE AS IT FACES DENTIN AND THE DART RAIL, UH, ON THAT SIDE OF THE PROPERTY AND ADDRESS HOW THE LIGHTING WILL FUNCTION ON THE GARAGE.
SO YOU'LL HEAR THOSE SORTS OF THINGS I ANTICIPATE FROM COMMISSIONER HAMPTON AND WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.
ARE THERE ANY OTHER SPEAKERS ON THIS ITEM? COMMISSIONER'S QUESTIONS FROM MR. MANN? COMMISSIONER HOUSE? RIGHT, PLEASE.
MR. MANN, I'M SURE YOU'RE WAY MORE FAMILIAR WITH THE CONDITIONS THAT I AM THAN I AM, BUT IN JUST SORT OF SCANNING THEM, I JUST HAD SOME QUESTIONS ABOUT WHETHER YOU'RE SATISFIED WITH THESE CONDITIONS AND WHETHER THEY PROVIDE AMPLE FLEXIBILITY FOR A STATE-OF-THE-ART RENTAL CAR FACILITY IN THE FUTURE.
FOR EXAMPLE, THE URBAN FORM SETBACK IS NOT A HARDSHIP FOR THE DESIGN OF THE FACILITY IN THE FUTURE, IS THAT CORRECT? IT WON'T.
WE'RE WE'RE LIMITING IT TO MAPLE, UH, ESSENTIALLY.
SO YEAH, WE CAN EASILY MEET IT FROM MAPLE.
AND YOU, YOU QUOTED A HEIGHT AND A NUMBER OF STORIES THAT I THINK WAS DIFFERENT FROM WHAT I READ AND SO I MAY NOT HAVE BEEN READING THE LATEST.
SO WHAT, WHAT YOUR UNDERSTANDING OF THE HEIGHT LIMIT AND THE STORIES IS, WHAT WE'RE OKAY.
LOWERING IT TO 80 FEET AND EIGHT STORIES.
UM, THOSE TWO KIND OF DON'T GO TOGETHER.
UM, TYPICALLY IN MY EXPERIENCE YOU WOULD DO 11 FOOT FLOOR TO FLOOR.
SO IF YOU WANT EIGHT STORIES, I THINK YOU NEED 90 FEET.
WELL, PARKING GARAGES ARE WEIRD.
AND SO THAT IS SOMETIMES CONSIDERED A STORY IN AND OF ITSELF IN MY EXPERIENCE OF PERMITTING.
WELL, I JUST THINK IT'S, I THINK IT'S, I THINK IT'S UH, A RATHER CUMBERSOME LIMITATION.
UH, OFTENTIMES ON THE FIRST FLOOR THERE'S ADDITIONAL HEIGHT, UM, TO ALLOW TRUCKS TO COME IN.
UM, I MEAN IT'S YOUR CLIENT, I'M JUST POINTING OUT THAT I THINK THAT'S A LITTLE, THAT'S A LITTLE TOUGH.
AND THEN YOU'RE, UM, YOU'RE SATISFIED THAT YOU CAN, YOU'VE GOT ADEQUATE ACCESS WITH 26 FOOT DRIVEWAYS AND 32 FEET PER FRONTAGE.
YEAH, THOSE ARE, SO YOUR TRAFFIC ENGINEER IS OKAY WITH THE VOLUME OF TRAFFIC THAT'S GONNA BE IN, IN AND OUTTA THIS FACILITY AND IT CAN WORK THE YEAH, IT'S ACTUALLY THE CITY'S TRAFFIC ENGINEER, UM, WHO'S BEEN WORKING WITH AVIATION ON IT, SO YES.
THANK YOU MR. MANN, JUST ONE QUICK FOLLOW UP.
IS IT CORRECT THAT THE UM, EIGHT STORIES DOESN'T REFLECT NECESSARILY WHAT THE CURRENT PLANNING IS, BUT BUILDS IN SOME FLEXIBILITY BECAUSE THEY DON'T HAVE IT BEYOND A CONCEPTUAL REALLY ELEVATION AT THIS POINT? YEAH, THAT'S CORRECT.
IT ENDS UP BEING SIX, RIGHT? WE'RE JUST TRYING TO GIVE ENOUGH FLEXIBILITY FOR THE FINAL DESIGN TO OCCUR AND THE OVERALL, UM, INTENT OF THE
[04:15:01]
ORIGINAL PD AS NEGOTIATED WITH THE NEIGHBORHOOD.IT DISCUSSION WAS REALLY ABOUT CARING FOR THAT, UM, ADDRESSING OF MAPLE AS A PRIMARY STREET WITHIN THE COMMUNITY PRIMARY CONNECTOR, PUTTING THE HEAVIER, MORE VEHICULAR, UM, USES TOWARDS DENTON DRIVE.
YEAH, IF YOU WALK DOWN THE SITE ON MAPLE IS WHERE NEW MULTIFAMILY HAS BEEN BUILT, WHERE, YOU KNOW, SOME MIXTURE OF DEVELOPMENTS ACTUALLY OCCURRING AND LIKELY TO OCCUR IN THE FUTURE.
THE DENTON SIDE IS, WE'VE GOT A BURIED DART LINE IN FRONT OF US AND A BUNCH OF CAR DEALERSHIP AND SERVICE AREAS.
AND BY THAT IS INTENTIONALLY WHERE WE'RE GONNA TRY TO TAKE THE SHUTTLES AND THE BUSES TO AVOID MOCKINGBIRD AND AVOID INTERFERING WITH THE REGULAR FUNCTION OF THE AREA.
AND THAT'S KIND, IT'S SORT OF LIKE THE BACK DOOR EVEN THOUGH IT'S A FRONT YARD.
AND IS IT CORRECT THAT THAT ACTUALLY IS THE, I'M GONNA CALL IT NON GRADE CROSSING FOR DART, SO IT GIVES BETTER MANEUVERABILITY FOR THE SITE BECAUSE IF IT TRIED TO GO ON AN ALTERNATE PATH, IF YOU WILL, THEY WOULD POTENTIALLY BE STOPPED BY THE AT GRADE CROSSINGS OF THE DART LINE? THAT'S RIGHT.
AND THERE'S ACTUALLY, THERE'S THOUGHT ONE DAY FAR IN THE FUTURE THAT A DART STATION HERE WOULD ACTUALLY MAKE MORE SENSE THAN WHERE IT CURRENTLY IS.
UH, PARTICULARLY WITH CUSTOMERS COMING OUTTA THE AIRPORT OR COMING HERE AND GETTING INTO THE AIRPORT.
'CAUSE THE EXISTING ONE IS JUST ABOUT THREE OR FOUR BLOCKS SOUTH ON DENTON AND IT'S ELEVATED.
BUT AGAIN, A LOT OF THINGS WILL HAPPEN BEFORE THAT DOES, BUT IT'S ALL PART OF THE MASTER PLANNING EFFORT FOR LOVE FIELD.
ANY OTHER QUESTIONS FOR THE APPLICANT? COMMISSIONERS? QUESTIONS FOR STAFF? JUST ONE, PLEASE.
UM, GENERAL QUESTION, MR. PEPE, THERE'S A NUMBER OF DESIGN STANDARDS WITHIN THE BASE, UM, PD THAT WOULD STILL BE APPLICABLE TO THIS SITE, PRIMARILY REGARDING, UM, MATERIALS, UM, LOADING.
ALL OF THOSE ARE SIMPLY BEING CARRIED FORWARD AND WILL BE INTEGRATED INTO WHATEVER PLAN GETS DEVELOPED.
ABOUT 95% OF THOSE EXISTING DESIGN STANDARD CARRIED FORWARD.
THEY ASKED FOR EXEMPTION ON, UM, ONE THAT WAS ABOUT ARTICULATION, BUT THAT ONE WAS A LITTLE ODD IN THE, IN THE WORDING TO ME.
SO I I SEE NO ISSUE WITH THOSE.
AND THEN AGAIN, EXCLUDING URBAN FORM FOR EAGAN AVENUE, WHICH WHILE IT'S ONLY A SHORT PORTION OF THE SITE, UM, AND THEN REMOVING IT FROM DENTON DRIVE, BUT YOU KNOW, OPTIMISTIC THAT MAYBE WE CAN HAVE SOME RELATIONSHIP TO DART FOR EVERYONE TRAVERSING IN THE NEIGHBORHOOD.
THOSE ARE ALL WITHIN THE PROPOSED CONDITIONS? YES.
ANY OTHER QUESTIONS FOR STAFF? OKAY.
SEEING NONE, COMMISSIONER HAMPTON, DO YOU HAVE MOTION? I DO.
AND UM, I HAVE BRIEF COMMENTS IF I HAVE A SECOND IN THE MATTER OF Z 2 34 DASH 3 26, I MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE STAFF'S RECOMMENDATION WITH THE FOLLOWING CHANGES.
SUBSECTION B OF THE DEVELOPMENT PLAN SECTION IS AMENDED TO READ FOR A VEHICLE DISPLAY SALES AND SERVICE FOR A COMMERCIAL PARKING LOT.
THE DEVELOPMENT PLAN MUST IDENTIFY AREAS FOR CUSTOMER DROP OFF, SHORT TERM PARKING AND VEHICLE QUEUING, NOT LOCATED WITHIN THE RIGHT OF WAY FOR A VEHICLE DISPLAY SALES AND SERVICE AND COMMERCIAL PARKING LOT OR GARAGE ONE.
NO URBAN FORM SETBACK IS REQUIRED ALONG DENTON DRIVE.
EAGAN DRIVE, NO MAXIMUM STRUCTURE.
EXCUSE ME, MAXIMUM STRUCTURE HEIGHT IS 80 FEET.
MAXIMUM NUMBER OF STORIES IS EIGHT.
PRIMARY BUS AND SHUTTLE INGRESS MUST BE FROM EAGAN AVENUE.
THE PORTION OF THE GROUND LEVEL FACING THE STREET OF ANY MULTI-LEVEL PARKING STRUCTURE MUST HAVE AN ACTIVE USE OTHER THAN PARKING WITH A MINIMUM DEPTH OF 15 FEET OR HAVE A, AN EXTERIOR FACADE TREATMENT, A MAXIMUM OF 50% TRANSPARENCY, SIX, INTERIOR AND EXTERIOR PARKING STRUCTURE.
LIGHTING MUST BE ORIENTED AND DESIGNED TO PROJECT LIGHT ONLY WITHIN THE PARKING STRUCTURE AND NOT ONTO ADJACENT PROPERTIES.
SEVEN, ANY PORTION OF THE PARKING STRUCTURE FACADE FACING DENTON DRIVE MUST UTILIZE ARCHITECTURE, FEATURES, MURALS, PLANTINGS, OR OTHER ELEMENTS TO PROVIDE ADDITIONAL VIS VISUAL SCREENING.
AND EIGHT TO SCREEN VEHICLES AND VEHICLE HEADLIGHTS.
EXTERIOR PARKING STRUCTURE FACADE OPENINGS MUST PROVIDE SCREENING A MINIMUM OF 42 INCHES FROM THE FLOOR LEVEL WITHIN THE PARKING STRUCTURE.
THANK YOU COMMISSIONER HAMPTON FOR YOUR MOTION.
COMMISSIONER HOUSER FOR YOUR SECOND TO CLOSE THE PUBLIC HEARING FILE STAFF RECOMMENDATION FOR APPROVAL SUBJECT TO AMENDED CONDITIONS AS WELL AS THE, UH, CHANGES AS READ INTO THE RECORD BY COMMISSIONER HAMPTON.
[04:20:01]
THANK MR. MANN AND HIS CLIENT FOR, UM, THEIR WORK ON THIS.THE, ALL THE CHANGES THAT I JUST READ INTO ARE ITEMS THAT HAVE COME OUT OF A NUMBER OF OUR, UM, DISCUSSIONS ON OTHER PROJECTS WITHIN THE AREA.
THIS IS A, AN AREA OF TOWN THAT IS EXPERIENCING REALLY RAPID GROWTH IN MULTIFAMILY MIXED USE HOUSING.
WE ARE SEEING MORE AND MORE THE IMPLICATIONS OF MULTI-LEVEL PARKING GARAGES AND HOW THOSE INTEGRATE.
SO THESE PROVISIONS ARE REALLY TRYING TO REFLECT AS MUCH AS YOU CAN, INTEGRATING A MULTI-LEVEL PARKING STRUCTURE WITHIN A COMMUNITY.
UM, I APPRECIATE THEM WORKING WITH ME ON THIS.
UM, I DO WANNA ACKNOWLEDGE TO, UH, COMMISSIONER KINGSTON THAT I DID CHANNEL A DISCUSSION ABOUT CCAP NOT AS EFFICIENTLY AS SHE WOULD HAVE DONE, UM, BUT WE ENCOURAGE THEM AS THEY'RE WORKING THROUGH THE PROJECT WITH THE AVIATION DEPARTMENT TO CONSIDER THIS.
THIS HAS AN OPPORTUNITY TO FURTHER THE INTENT OF THE LOVEFIELD MASTER PLAN AND I LOOK FORWARD TO HAVING THIS AS A VIBRANT PART OF DISTRICT TWO.
I HOPE YOU ALL WILL SUPPORT THE REQUEST.
THANK YOU COMMISSIONER HAMPTON.
ANY OTHER COMMENTS? COMMISSIONER C? NONE.
[24. 25-536A An application for a Specific Use Permit for a private recreation center, club, or area on property located in an NS(A) Neighborhood Service District, on the west line of Marsh Lane, south of Monet Place. Staff Recommendation: Approval for a five-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan and conditions. Applicant: Jinting Chen Representative: Lindsay Mayer, Dynamic Engineering Consultants, PC Planner: Sarah May, AICP Council District: 12 Z245-109(SM)]
OKAY.UM, ITEM NUMBER 24 IS Z 2 4 5 1 0 9.
UH, IT'S AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE RECREATION CENTER, CLUB, OR AREA ON PROPERTY LOCATED IN AN NSA NEIGHBORHOOD SERVICE DISTRICT ON THE WEST LINE OF MARSH LANE, SOUTH OF MONET PLACE.
STAFF RECOMMENDATION IS APPROVAL, UH, FOR A FIVE YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL 10 YEAR PERIODS SUBJECT TO A SITE PLAN AND CONDITIONS.
SEE THAT THE APPLICANT IS HERE.
UH, MY NAME IS JASON CHEN CHEN AND I'M THE APPLICANT.
SO TODAY I WILL PRESENT THIS LIVE PAGE HANDOUT IF YOU HAVE FOUND THAT IN YOUR, UH, DESK.
SO, UH, THE DEVELOPMENT GOAL OF THIS PROJECT IS TO CREATE A CLEAN AND SAFE INDOOR PICKLEBALL CLUB THAT PROMOTES A HEALTHY LIFESTYLE WHILE MEETING THE DEMAND FOR THE INDOOR SPORTS AND THE SOCIAL GATHERING PLACE.
THE CLUB OFFERS AFFORDABLE PRICING FOR VISITORS ALONG WITH THE PICKLEBALL ACADEMIES FOR ADULTS AND THE CHILDRENS AS WELL AS SENIOR PROGRAMS COVERED BY THE INSURANCE.
THE BUSINESS OWNER IS COMMITTED TO IMPROVE THE CLINICS AND SECURITY IN THE CURRENT UNDEVELOPED LAND, WHICH HAS BECOME A SITE FOR THE TRASH ACCUMULATION AND A GATHERING AND THE PATHWAY FOR THE, UH, HOMELESS INDIVIDUALS.
AS YOU CAN SEE, THE PAGE ONE IS THE CURRENT STATUS, AND PAGE TWO, THREE, AND FOUR IS A RENDERING FOR OUR PROPOSED PROJECT.
AND PAGE FIVE SHOWS WE HAVE MADE THE NAVAL, UH, AND HERE THE GATHERING ALL THE FEEDBACKS, WE HAVE THREE TIMES OF NEIGHBORHOOD HEARING IN THE STARTING AT SEPTEMBER 26TH.
THAT MEETING WE HAVE 24 RESIDENTS ATTENDED.
AND THEN JANUARY 21ST, 2025, WE HAVE 28TH RESIDENT ATTENDED.
AND THEN THIS MONDAY, UH, FEBRUARY 3RD, UH, SIX, UH, SIX RESIDENTS ATTENDED.
SO THE PRIMARY CONCERN FROM THE, UH, THE NEIGHBORS, WE HAVE ADDRESSED ONE BY ONE.
THE FIRST ONE IS NOISE LEVEL OF PICKABLE.
SO WE HAVE PROVIDED A VIDEO DEMONSTRATING THAT THE INOP APPLICABLE SOUND WILL NOT BE HEARD FROM OUTSIDE OF THE BUILDING.
SECOND IS ABOUT A SECURITY PLAN.
THE BUSINESS OWNER HAS ENROLLED THE WILL BE ENROLLED.
THE CRIME PREVENTION PROGRAM PROVIDES THE OFFICE OF ER EMERGENCY MANAGEMENT CRISIS RESPONSE.
THE BUSINESS OWNER HAS ALSO COMMITTED TO JOIN THE PROGRAM THAT ALLOWS THE POLICE DEPARTMENT TO ACCESS EXTERIOR LIVING, UH, LIVE STREAMING SECURITY CAMERAS.
AND THE THIRD CONCERN IS ABOUT POTENTIAL OVERFLOW PARKING TO THE MOUNT, UH, MONET PART, UH, PLACE.
THE DEVELOPER HAS COMMITTED TO BUILD A A SIX FOOT SOLID FENCE TO SEPARATE THE COMMERCIAL AND THE RESIDENTIAL AREA.
SO NUMBER FOUR IS THE BUILDING SIZE AND THE MATERIAL MATERIALS.
MY ARCHITECT WILL TALK ABOUT THIS.
WE HAVE MAKE SURE WE COMPILE ALL THE CITY REQUIREMENTS.
THE NUMBER FIVE IS THE PARKING MANAGEMENT, THE PARKING CAPACITY MEETS THE CITY REQUIREMENT.
ALSO, THE BUSINESS OWNER HAS ACTIVE MANAGING THE CUSTOMER TRAFFIC BY LIMITED THE NUMBER OF REGISTRATION REGISTERED PER CODE.
SO THE SCREENSHOT ON THE PAGE NUMBER SIX SHOWS THE DEMONSTRATE THAT, UH, IN THE
[04:25:01]
FOURTH WORST LOCATION, UH, OUR PICKLEBALL CLUB, THE BUSINESS HAS SUCCESSFULLY ENFORCED MAXIMUM FOUR PLAYERS PER COURT DURING OUR PEAK HOURS.WE HAVE ONE YEARS OF DATA TO SUPPORT THAT POINT.
HI, UH, MY NAME IS JESSICA MARTINEZ.
I'M REPRESENTING LAR STUDIO, THE ARCHITECTURAL FIRM FOR THIS PROJECT TO FOLLOW UP ON JASON'S, UH, DOCUMENT.
SO SOME OF THE NEIGHBORHOOD, UH, NEIGHBOR FEEDBACK IS THE FROM THE WILLIAMS FAMILY, WHICH IS A, A NEIGHBORHOOD RIGHT ALONG THE PROPERTY.
THEY SAY THAT THE VACANT LAND HAS A LOT OF TRASH ON IT AND HAS BECOME A WALKWAY FOR HOMELESS INDIVIDUALS MOVING BETWEEN THE APARTMENTS STRIP CENTER AND RESIDENTIAL AREA, WHICH HAS BEEN HURTING OUR PROPERTY VALUE.
I SUPPORT THE PICKLEBALL DEVELOPMENT PROJECT AS LONG AS THEY PUT UP A FENCE TO SEPARATE THE COMMERCIAL AND RESIDENTIAL AREAS AND TAKE STEPS TO IMPROVE SECURITY.
ANOTHER COMMENT IS FROM THE LIFE CHURCH ACROSS MARSH LANE.
PASTOR SHANE MANN, UH, THE UNDEVELOPED LAND HAS BEEN SOMEWHAT OF AN EYESORE, AS WELL AS A PLACE WHERE THE HOMELESS SEEK SHELTER ALONG THE PRESIDENT GEORGIA BUSH TURNPIKE.
I SUPPORT THE DEVELOPMENT OF THE PICKLEBALL CLUB AS IT WILL PROVIDE A FACELIFT FOR THAT SIDE OF MARSHLAND AND PROVIDE A MUCH NEEDED SPACE FOR SPORTS AND COMMUNITY GATHERINGS.
I LOOK FORWARD TO WORKING WITH THE NEW BUSINESS ORDER TO MAKE THIS NEIGHBORHOOD A BETTER AND SAFER PLACE FOR EVERYONE, AS WELL AS EXPLORING POTENTIAL PARKING, SHARING OPPORTUNITIES TO BENEFIT THE COMMUNITY.
THE PICKLEBALL FACILITY GIVES PEOPLE A CLOSER PLACE TO EXERCISE AND SOCIALIZE, WHICH I THINK IS GOOD FOR THE NEIGHBORHOOD.
ANOTHER RESIDENT, THE PICKLEBALL FACILITY RENDERING LOOKS COOL TO ME.
THE LOCAL BUSINESS OWNERS SOUTH OF THE PROPERTY, UH, ANNA PATO SAY, WELCOME CTOS BAKERY PICKLEBALL.
THE PICKLEBALL BUILDING LOOKS COOL.
AND SOME OTHER LOCAL RESIDENTS WITH THE HANDLE.
IT'S, I SUPPORT THE DEVELOPMENT OF THIS VACANT PIECE OF LAND, ALTHOUGH I AM NOT THE NEIGHBOR DIRECTLY NEXT TO THE PARCEL.
I'M ON THE OTHER SIDE OF THE NEIGHBORHOOD.
PICKLEBALL IS IN MY SPORT, BUT I KNOW A TON OF PEOPLE WHO PLAY.
IF THE COMPANY BELIEVES THAT THEY CAN MAKE A BUSINESS GO, THEN I SUPPORT THEM GIVING IT A SHOT.
I TRUST THAT THEY WILL WORK THROUGH THE NECESSARY CONSIDERATIONS IN CITY BOARDS TO ENSURE THAT TRAFFIC FLOW IS ADDRESSED AND THAT THERE ISN'T AN ISSUE OF PARKING ON MONET.
I GENERALLY SUPPORT DEVELOPMENT AND BUILDING THIS LAND WASN'T A PARTICULARLY OUR TACTIC OR USEFUL GREEN SPACE, SO WE'RE NOT LOSING MUCH IN THAT REGARD.
AND THEN AUSTIN PITO AT GMAIL SUPPORT THE PICKLEBALL PROJECT.
THIS DISCUSSION IS TAKING TOO LONG TO LET THEM BUILD.
BULLET831@GMAIL.COM PREFER PICKLEBALL FACILITY IF WITH NO ACCESS TO MONET.
AND SO TO KIND OF ADDRESS THE BUILDING REQUIREMENTS, WE, WE UNDERSTAND THAT THE MAXIMUM BUILDING HEIGHT FOR THIS NEIGHBORHOOD SERVICE ZONING, THAT THE MAXIMUM HEIGHT IS 35 FEET FOR THE STRUCTURE WITH A GABLE ROOF.
AND WE ARE PROPOSING TO DO A 20, A MAXIMUM HEIGHT OF 22 FEET.
UH, OTHER CONCERNS THAT THEY ADDRESSED WERE THE, THE SCREENING WALLS.
AND WE ARE CONSIDERING DOING A MASONRY WALL SINCE THE CLIENT IS IS WILLING TO DISCUSS ALTERNATE BUILDING MATERIALS AS WELL AS, UM, THE BUILDING MATERIAL THAT WE ARE USING FOR THE EXTERIOR.
UH, WE'RE CONSIDERING LIKE IN THE RENDERINGS, UH, STONE WAITING, SQUATTING, PROBABLY A MAXIMUM OF EIGHT FOUR FEET.
IS THERE ANYONE ELSE HERE THAT'D LIKE TO SPEAK ON THIS CASE BEFORE WE GO TO OUR SPEAKERS ONLINE? OKAY.
IT'S, UH, MR. WIMBERLEY ONLINE? NO.
AMY STRAUSS? UH, DAVID JASPER? NO.
UH, COMMISSIONERS, ANY QUESTIONS FOR THE APPLICANT? QUESTIONS FOR, UH, STAFF COMMISSIONER CARPENTER? YES.
UH, SVP CONDITION NUMBER, UM, LET'S SEE, SEVEN.
ANY PARKING AREAS THAT FACE ADJACENT RESIDENTIAL USES MUST BE SCREENED WITH A MINIMUM SIX FOOT HIGH SOLID SCREENING FENCE.
DOES THAT INCLUDE THE AREA ALONG MONET? IS THAT CONSIDERED ADJACENT TO RESIDENTIAL? IF THERE'S A STREET IN BETWEEN? YES.
THERE'S A TINY LITTLE STRIP THAT, UM, ABUTS THE SUBJECT SITE FROM MONET PLACE AND THAT'S CONSIDERED RESIDENTIAL ADJACENCIES.
SO IT HAS, BECAUSE I KNOW WE'VE GOT BALLOTS OR SOME COMMUNICATION EXPRESSING AN INTEREST IN THERE NOT BEING INGRESS OR EGRESS FROM MONET, BUT THIS CONDITION WOULD BE SUFFICIENT THAT THAT WOULD NOT BE POSSIBLE.
OH, WELL THEY COULDN'T GET ACCESS FROM MONET 'CAUSE THERE'S ANOTHER PROPERTY.
[04:30:01]
AND, UH, IN THE, UH, STAFF REPORT, IT UM, INDICATED A CONCERN WITH U-TURNS GOING ON AT MONET AND MARSH.IS THERE NOT A, A WAY TO, IS THERE NOT A, A, WHAT DO YOU CALL IT, A MEDIAN CUT THAT IS GOING TO ALLOW PEOPLE HEADING NORTH TO TURN LEFT ONTO THAT? RIGHT.
UM, THE DAVID NAVAREZ TOOK A LOOK AT THIS, UM, APPLICATION AND MARSH LANE WOULD NOT ALLOW AN AN, AN ADDITIONAL MEDIAN CUT ON MARSH LANE FOR THIS, FOR THIS SUBJECT SITE.
SO THEY WOULD HAVE TO, UM, DEAL WITH THE CURRENT MEDIAN CUTS THAT ARE ALREADY THERE, BUT THEY CAN REVIEW IF A NO U-TURN SIGN IS WARRANTED.
ANY OTHER QUESTIONS FOR STAFF COMMISSIONER C NONE.
COMMISSIONER HAWK, DO YOU HAVE A MOTION? I DO IN THE MATTER.
I MOVE THAT WE KEEP THE, UM, KEEP THIS CASE OPEN AND GO FOR ADVISEMENT UNTIL THE FEBRUARY 20TH.
WE'VE GOT SOME OTHER CONCERNS THAT THE APPLICANT IS, UH, WORKING ON.
THANK YOU COMMISSIONER HAWK FOR YOUR MOTION.
COMMISSIONER HAMPTON FOR YOUR SECOND TO KEEP THE PUBLIC HEARING OPEN.
HOLD THE MATTER TO ADVISEMENT UNTIL FEBRUARY 20TH.
ANY FURTHER DISCUSSION? SEEING NONE OF THOSE IN FAVOR SAY AYE.
ANY OPPOSED? AYES HAVE IT GO TO CASE NUMBER.
[30. 25-543A An application for a Specific Use Permit for a motor vehicle fueling station on property zoned Light Commercial/Office Area 1 Subdistrict within Planned Development District No. 631, the West Davis Special Purpose District, on the north line of West Davis Street, east of North Walton Walker Boulevard. Staff Recommendation: Approval for a five-year period, subject to a site plan and staff’s recommended conditions. Applicant: Houshang Jahvani, P.E. Planner: Connor Roberts Council District: 6 Z234-327(CR)]
UH, 30 30 HAS BEEN WITHDRAWN, BUT I THINK WE STILL NEED A, A MOTION YOU CHAIR? YES SIR.ITEM NUMBER 30 IS CASE Z 2 3 4 DASH 3 27.
AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A MOTOR VEHICLE FUELING STATION ON PROPERTY ZONE LIGHT COMMERCIAL OFFICE AREA ONE SUBDISTRICT WITHIN PLAN DEVELOPMENT DISTRICT NUMBER 6 31, THE WEST DAVIS SPECIAL PURPOSE DISTRICT ON THE NORTH LINE OF WEST DAVIS STREET, EAST OF NORTH WALTON WALKER BOULEVARD.
STAFF RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD SUBJECT TO A SITE PLAN AND STAFF'S RECOMMENDED COMMISSION.
COMMISSIONER CARPENTER, DO YOU HAVE A MOTION? YES, IN THE MATTER OF Z 2 34 DASH 3 27.
I MOVE TO CLOSE THE PUBLIC HEARING AND NOT FOLLOW STAFF RECOMMENDATION, BUT INSTEAD TO DENY THIS, UH, REQUEST WITHOUT PREJUDICE.
THANK YOU COMMISSIONER CARPENTER FOR YOUR MOTION.
COMMISSIONER HOUSER FOR YOUR SECOND.
ANY COMMENTS? AND NONE OF THOSE IN FAVOR SAY AYE.
[31. 25-544A An application for an amendment to Specific Use Permit No. 2107 for the sale of alcoholic beverages in conjunction with a general merchandise or food store greater than 3,500 square feet on property zoned a CR-D-1 Community Retail District with a D-1 Liquor Control Overlay, on the north corner of Ramona Avenue and East Overton Road. Staff Recommendation: Approval for a five-year period with eligibility for automatic renewals for additional five-year periods, subject to a site plan and staff’s recommended conditions. Applicant: Jay Y. Lee Planner: Wilson Kerr Council District: 4 Z234-346(CR)]
GO TO 31.UM, THIS IS ITEM NUMBER 31, AN APPLICATION FOR AN AMENDMENT TO SPECIFIC USE PERMIT NUMBER 2107 FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A GENERAL MERCHANDISE OR FOOD STORE GREATER THAN 3,500 SQUARE FEET ON PROPERTY.
ZONED A CR WITH D DASH ONE COMMUNITY RETAIL DISTRICT WITH A D ONE LIQUOR CONTROL OVERLAY ON THE NORTH CORNER OF RAMONA AVENUE AND EAST OVERTON ROAD.
RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD WITH ELIG ELIGIBILITY FOR AUTOMATIC RENEWALS FOR ADDITIONAL FIVE YEAR PERIODS, SUBJECT TO A SITE PLAN AND STAFF RECOMMENDED CONDITIONS.
UM, I'M THE OWNER OF THE OPERATOR OF A POP MARKET SINCE THEY HAD A STORE AT 2011 STORE DIDN'T HAVE A BOI, SO I APPLIED FOR THE B-O-I-S-U-P ON 2011 AND I GOT APPROVED IN 2022, I MEAN 2012.
SINCE THEN, I HAD TWO YEAR AND THREE AUTOMATIC RENEWAL, THEN I CAME BACK ANOTHER THREE YEAR AND FIVE YEAR AUTOMATIC RENEWAL, THEN ANOTHER FIVE YEAR A RENEWAL.
AND LAST ONE I MISSED THE DATE 'CAUSE I HAD A LOT OF STRESS.
MY BROTHER HAD A CANCER, HE DIED LAST OCTOBER AND HAD A LOT OF HECTIC, BUT LAST TIME THEY, YOU GUYS SENT ME A LETTER SEVEN MONTHS BEFORE THE AUTOMATIC RENEWAL DATE.
AND THIS TIME I DIDN'T REALIZE YOU HAVE TO COME IN 180 DAYS BEFORE THE, THE DUE DATE.
SO I JUST, THAT'S WHY I CAME IN.
DO ANOTHER SVP, BUT YOU, YOU GOTTA DO IT ALL OVER AGAIN.
DO THE SVP AND YOU GOTTA GO CITY THE COUNCIL.
AND SINCE I WANT THE STORE, STORE BEING REALLY GREAT, I DON'T HAVE NO PROBLEM WITH THE CUSTOMERS.
AND YOU TAKE CARE OF CUSTOMER, LIKE A FAMILY AND FRIENDS AND ALL MY EMPLOYEE LOVE ME.
THEY'VE BEEN HERE ALMOST MORE THAN SOME EMPLOYEE HERE, ALMOST 15 YEARS, 14 YEARS.
AND EVERY HOLIDAY I GIVE OUT THE HAMS AND TURKEY TO THE NEIGHBORHOOD AND, UH, EMPLOYEE AND HOPEFULLY, I MEAN YOU.
THE CPC RECOMMEND FIVE YEARS AND FIVE YEAR AUTOMATE NEW MORE SINCE I DON'T HAVE PROBLEM WITH
[04:35:01]
THE NEIGHBORHOOD AND I DON'T HAVE ANYTHING.NOBODY GO AGAINST ME AT THE STORE.
YOU HAVE A, YOU HAVE A VERY GOOD KITCHEN AT THE STORE.
YOU HAVE A LOT OF GROCERY ITEMS AND IT'S A CLOTHING, IT'S A LOTTERY TICKET, EVERYTHING AND STORE IS KIND OF BIG STORES AND HAS EVERYTHING WHAT THE CUSTOMER NEED.
AND THIS IS MAIN BLUNT LINE FOR OUR STORE.
I MEAN, BLOODLINE FOR OUR FAMILY BECAUSE THIS IS THE ONLY STORE I HAVE AND I HAVE TO RAISE MY, MY DAUGHTER, WHICH IS NINE YEARS OLD.
I HAVE TO TAKE CARE OF MY MOM AND DAD, MY PARENTS, AND I TAKE CARE OF WHOLE, WHOLE COMMUNITY AND I'M THE GOOD FOR THE COMMUNITY AND I'M, I'M HOPING I SHOULD GET MORE THAN FIVE YEARS AND FIVE YEAR AUTOMATED RENEWAL.
SO MY YESTERDAY HE LOOKED AT MY STORE, HE SAID, EVERYTHING LOOKS FINE.
HE SAID HE GOT A GREAT KITCHEN AND EVERYTHING WAS GREAT AND HE DON'T, HE DON'T OPPOSITE ANYTHING TO MY STORE.
I, UH, SUPPORT JAYLEE, HIM AND HIS, UH, WIFE.
THERE'S THE ON THE OWNERS, UM, I'M A LITTLE NERVOUS
UM, THEY ARE VERY GOOD TO THE COMMUNITY, WHICH YOU SAID I'VE BEEN THERE FOR 10 YEARS.
I'M ONE OF THE COOKS THERE, SO WE ACTUALLY, WE ARE, WE BREED 'EM AS THEY COME IN.
OH, I THINK THE MICROPHONE TURNED OFF.
MY NAME IS NOT LEE, BUT I'M ANOTHER MEMBER OF THE FAMILY AND JUST LIKE HE SAID, HE'S A REAL GOOD PERSON.
HE LOVES EVERYONE, EVERYONE LOVES HIM AND HE WILL HELP YOU ANY WAY HE CAN.
AND I'VE BEEN WORKING WITH HIM FOR OVER 11 YEARS, SO I KNOW HOW HE IS.
HE IS A GOOD PERSON, SO IS HIS FAMILY AND I LOVE 'EM ALL.
THANK YOU FOR FILLING OUT THE OTHER CARD, SIR.
MY NAME IS CURTIS WILLIAMS. UM, MY ADDRESS IS 1326 SOUTH EWING.
I'VE BEEN A RESIDENT IN THIS AREA SINCE 1969.
I'VE BEEN KNOWING JAY SINCE 2012.
HE'S AN AWESOME PERSON, VERY AWESOME PERSON WITH HIS COOKING SKILLS, HIS HOSPITALITY, WHAT HE DO FOR THE COMMUNITY.
THEY OUT COOK ME, BUT WE SURE.
IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? COMMISSIONERS.
COMMISSIONER FORESIGHT, DO YOU HAVE A MOTION, SIR? YES.
CHAIRMAN SHADI IN THE, UH, UH, MATTER OF, UH, CASE Z 2 34 DASH 3 46, I MOVE THAT WE CLOSE THE PUBLIC HEARING AND, AND ADOPT THE STAFF RECOMMENDATIONS FOR APPROVAL FOR A FIVE YEAR SUP BUT WITHOUT THE AUTOMATIC RENEWAL.
OKAY, COMMISSIONER, UH, SUBJECT TO A SITE PLAN AND STAFFS RECOMMENDED CONDITIONS.
UH, COMMISSIONERS, WE HAVE A MOTION BY COMMISSIONER FORSIGHT, SECOND BY COMMISSIONER HOUSE.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
[SUBDIVISION DOCKET - Consent Items]
LET'S DO THE SUBDIVISION DOCKET BEFORE WE TAKE A BREAK AND DO, UH, THE LANDMARK.GOOD AFTERNOON, CHAIR, UH, COM COMMISSIONERS.
AND AL, TODAY'S CONSENT ZENDA CONSISTS OF SEVEN ITEMS.
[04:40:01]
ITEM 32 S 2 45 DASH 0 68, ITEM 33 S 2 4 5 DASH 0 69.ITEM 33 S 2 45 DASH 0 69 HAS BEEN WITHDRAWN ON FEBRUARY 5TH, 2025.
ALL CASES HAVE BEEN POSTED FOR HEARING AT THIS TIME.
AND STAFF RECOMMENDATION IS APPROVAL SUBJECT TO COMPLIANCE WITH THE CONDITIONS LISTED IN THE DOCKET AND OR AS AMENDED AT THE HEARING.
UH, COMMISSIONERS, WE HAVE THE SUBDIVISION CONSENT AGENDA ITEMS CONSISTENT OF, OF CASES 32 TO 38 WITH 30 FEET BEING WITHDRAWN.
ANY QUESTIONS WITH, UH, FOR ANY OF THOSE? OKAY.
COMMISSIONER HERBERT, DO YOU HAVE A MOTION, SIR? OH, MY APOLOGIES.
ARE THERE, IS THERE ANYONE HERE THAT WOULD LIKE TO BE HEARD ON ANY OF THESE ITEMS? OKAY.
IS THERE SOMEONE ONLINE? THERE IS MR. GINI ONLINE? YES.
MR. GINI, WOULD YOU LIKE TO BE HEARD, SIR? MY NAME'S JOSH PELINI.
AND REPRESENTATIVE OF THE OWNER? UH, I'M WITH CASA LINDA CUSTOM HOMES.
AND SO I'M JUST HERE TO MAKE SURE THERE WASN'T ANY QUESTIONS NEEDED.
UH, OUR CLIENT AND OWNER OF THE PROPERTY, CHARLES AND KEMI, AMI ARE JUST SUPER EXCITED TO BE ABLE TO BUILD THEIR HOME THERE, UH, IN SOUTH DALLAS.
AND SO I'M JUST HERE IF THERE'S ANY QUESTIONS.
AND, UH, COMMISSIONERS SEEING NO OTHER QUESTIONS OR QUESTIONS FOR STAFF NOW, OUR MOTION SERVED.
IN OUR SUBDIVISION, UM, CONSENT ITEMS NUMBER 33 THROUGH 38.
I MOVE TO, UM, CLOSE THE PUBLIC HEARING AND APPROVE THE DOCKET AS, UM, RECOMMENDED BY STAFF.
THANK YOU COMMISSIONER HERBERT FOR YOUR MOTION.
LET'S COME BACK AT THREE 50 FOR THE LANDMARK CASE.
WE'RE GONNA GET BACK ON THE RECORD.
JORGE, WE RECORDING? WE ARE RECORD 2 3 4 5 6 7.
WE DO HAVE AN EIGHT, UH, COMMISSIONERS.
THIS IS AN APPEAL OF AN OH, PLEASE.
[39. 25-555A An appeal of the Landmark Commission’s decision of denial without prejudice to replace eighteen (18) of the historic wood windows on the main structure with vinyl units (unauthorized work). Staff Recommendation: Deny without prejudice. Landmark Commission Recommendation: Deny without prejudice. Planner: Marcus Watson Council District: 2 Location: 4605 Sycamore St. CA245-019(MW)]
IS AN APPEAL OF THE LANDMARK COMMISSION'S DECISION OF DENIAL WITHOUT PREJUDICE TO REPLACE 18 OF THE HISTORIC WOOD WINDOWS ON THE MAIN STRUCTURE ON THE MAIN STRUCTURE WITH VINYL UNITS.THIS IS AN APPEAL OF AN APPLICATION OF A CERTIFICATE OF APPROPRIATENESS, WHICH WAS DENIED BY THE LANDMARK COMMISSION AT ITS HEARING ON OCTOBER 7TH, 2024.
THE DECISION OF THE LANDMARK COMMISSION IS REFLECTED IN ITS OFFICIAL MINUTES, WHICH ARE PART OF THE RECORD FOR THIS APPEAL.
THE APPELLANT IS REPRESENTED BY WHO IS REPRESENTED THE APPELLANT.
I, I'M, I'M, HELLO? CAN YOU HEAR ME? YES, I'M SORRY.
UM, I'M NOT REALLY THE REPRESENTATIVE.
I'M, UH, I AM THE SON-IN-LAW FOR THE OWNER OF THE PROPERTY.
I'M ACTUALLY JUST, UH, I'M, I'M HELPING THEM OUT.
CAN, WHAT IS YOUR NAME, SIR? UH, MY NAME IS RUBEN MANANO AND THE, UH, PROPERTY IS 46 0 5 SYCAMORE STREET, DALLAS, TEXAS 7 5 0 4.
UH, MR. MANDUJANO AND THE LANDMARK COMMISSION IS REPRESENTED BY ASSISTANT CITY ATTORNEY JUSTIN ROY.
AT THIS POINT WE'LL SWEAR IN THE SPEAKERS, IF YOU COULD STAND AND RAISE YOUR RIGHT HAND.
[04:45:01]
ANDO, IF YOU COULD JUST SEE YOUR HAND THERE ON THE CAMERA.AND DO YOU SWEAR AND AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE COMMISSION? PLEASE ANSWER.
UH, ANY COMMUNICATIONS RECEIVED BY THE CITY PLAN COMMISSION MEMBERS PENDING THIS APPEAL HAVE BEEN COLLECTED BY THE CITY PLAN COMMISSION SECRETARY AND MADE AVAILABLE TO THE PARTIES FOR INSPECTION.
IF ANY PLAN COMMISSIONER HAS RECEIVED ANY COMMUNICATIONS ON THIS MATTER, PLEASE DISCLOSE IT FOR THE RECORD NOW.
THE CITY PLAN COMMISSION HAS RECEIVED AND REVIEWED THE RECORD OF THE LANDMARK COMMISSION IN EACH PARTY'S BRIEF ON THE APPEAL.
THE CITY PLAN COMMISSION MAY HEAR NEW TESTIMONY AND CONSIDER NEW EVIDENCE ONLY TO DETERMINE IF THE TESTIMONY OR EVIDENCE WAS NOT AVAILABLE AT THE TIME OF THE HEARING BEFORE THE LANDMARK COMMISSION.
IT IS NOT ENOUGH TO SHOW THAT, UH, TESTIMONY OR EVIDENCE SIMPLY WASN'T PRESENTED TO THE LANDMARK COMMISSION AT THE TIME OF THE HEARING.
THE PARTY MUST DEMONSTRATE THAT THE EVIDENCE COULD NOT HAVE BEEN PRESENTED, UH, BECAUSE IT WAS NOT AVAILABLE AT THAT TIME.
DOES EITHER PARTY HAVE ANY NEW EVIDENCE OR TESTIMONY TO SUBMIT TO THE COMMISSION TODAY? I DON'T HAVE NEW EVIDENCE, BUT I WOULD JUST LIKE TO SPEAK.
OKAY, WE'RE GONNA GO RIGHT TO THAT.
BOTH SIDES HAVE PREVIOUSLY RECEIVED A COPY OF THE PROCEDURES WE WILL FOLLOW TODAY.
THE CITY POINT COMMISSION WILL NOW HEAR AND CONSIDER TESTIMONY AND EVIDENCE CONCERNING WHETHER THE LANDMARK COMMISSION'S DECISION VIOLATED A STATUTORY OR ORDINANCE PROVISION EXCEEDED THE LANDMARK COMMISSION'S AUTHORITY OR WAS NOT REASONABLY SUPPORTED BY SUBSTANTIAL EVIDENCE.
EACH SIDE WILL BE ALLOWED 20 MINUTES FOR HIS PRESENTATION AND THE APPLICANT WILL HAVE AN ADDITIONAL FIVE MINUTES FOR REBUTTAL.
THE CITY PLAN COMMISSION MAY ASK QUESTIONS AFTER THE PRESENTATIONS.
TIME TAKEN BY THE QUESTIONS WILL NOT BE DEDUCTED FROM THE TIME ALLOTTED.
EACH COMMISSIONER WILL BE ALLOWED FIVE MINUTES TO ASK QUESTIONS DURING THE FIRST ROUND.
BE AWARE THAT THOSE FIVE MINUTES INCLUDE THE ANSWERS.
THREE MINUTES WILL BE ALLOTTED IF A SECOND ROUND IS NEEDED.
THIS ALSO INCLUDES ANSWERS CITY PLAN COMMISSION.
SECRETARY WILL KEEP TRACK OF THE TIME IF A PARTY REQUIRES ADDITIONAL TIME TO, TO PRESENT ITS CASE.
THE PARTY MAY REQUEST THAT ADDITIONAL TIME BE GRANTED BY THE CITY PLAN COMMISSION.
IF THE COMMISSION GRANTS ONE PARTY ADDITIONAL TIME, THE OPPOSING PARTY WILL ALSO BE GRANTED EQUAL TIME EXTENSION.
DO THE PARTIES HAVE ANY PRELIMINARY MERIT MATTERS TO RAISE AT THIS TIME? IF NOT, THEN WE'LL NOW HEAR FROM THE APPELLANT'S CASE FOR UP TO 20 MINUTES.
UM, JUST WANNA BRIEFLY GO OVER, UH, WE BASICALLY ENDED UP HIRING A CONTRACTOR TO, YOU KNOW, WORK ON THE HOUSE AND, YOU KNOW, WE TRUSTED THIS CONTRACTOR TO DO EVERYTHING THAT WAS NECESSARY TO GET THE WORK DONE, INCLUDING THE, YOU KNOW, FILING FOR WHATEVER, UH, CERTIFICATE OF APPROPRIATENESS WAS NEEDED, WHICH, UH, YOU KNOW, WE PUT OUR TRUST IN THIS CONTRACTOR.
ONCE THE CONTRACTOR WAS, UH, BASICALLY DONE, THAT'S WHENEVER WE ENDED UP GETTING, UH, A, THE, WHAT DO YOU CALL IT, CODE COMPLIANCE TO BASICALLY JUST TELL US, YOU KNOW, WE NEED TO STOP THE WORK ON THE PROPERTY BECAUSE IT WAS UNAUTHORIZED.
AND, UH, I MEAN, AT THIS POINT, YOU KNOW, WE DID, WE PAID THE CONTRACTOR OVER $30,000 TO GET THESE, UH, THOSE, THESE WINDOWS IN.
WE DID LET 'EM KNOW THAT WE WANT TO KEEP, YOU KNOW, THE, THE AESTHETICS OF THE HOUSE, UH, THE SAME.
AND AGAIN, YOU KNOW, WE, WE JUST HIRED THE CONTRACTOR.
WE, UH, ARE NOT VERY, UH, YOU KNOW, WELL VERSED IN, IN THE WORLD OF, OF CONTRACTORS AND, YOU KNOW, ALL THIS STUFF THAT HAS TO HAPPEN FOR, FOR US TO, TO GET WORK DONE ON THE PROPERTY.
SO WE ALWAYS, YOU KNOW, PUT OUR, OUR FAITH ON THE CONTRACTOR THINKING EVERYTHING WAS GONNA BE DONE CORRECTLY.
AND OVERALL, I MEAN THE, THE WINDOWS THAT WERE REPLACED, YES, THEY ARE VINYL, UH, AND THE WINDOW, UH, THE TRIM ON THE OUTSIDE OF THE WINDOW OR, UH, IT, IT DOES LOOK A LITTLE BIT DIFFERENT.
UH, BUT THAT'S SOMETHING THAT, YOU KNOW, WE'RE WILLING TO, TO FIX.
UH, AS LONG AS, YOU KNOW, WE, WE JUST REQUEST THAT YOU GUYS ALLOW, ALLOW US TO, TO KEEP THESE WINDOWS ESPECIALLY, UH, GIVEN THE, THE AMOUNT OF MONEY WE'VE SPENT ON THIS.
AND IT'S JUST, UH, YOU KNOW, WE, WE DEFINITELY WOULD DO ANYTHING WE NEED TO, TO WORK AROUND TO, TO GET
[04:50:01]
IT, UH, BACK TO THE WAY THAT IT, IT WAS.UM, BUT THE WINDOWS ALSO DO KEEP THE, THE AESTHETIC LOOK O OF THE PROPERTY.
UM, AND THEN I'M NOT SURE IF I ASK QUESTIONS NOW, BUT, BUT THERE IS A QUESTION THAT I, THAT I WANNA ASK.
UH, THIS IS JUST THE, THE TIME FOR YOU, SIR TO SPEAK TO US, AND THEN THE COMMISSION WILL ASK QUESTIONS OF YOU.
UM, I MEAN, THE ONLY OTHER THING I WANT TO MENTION HERE IS THAT THERE'S A FEW PROPERTIES AROUND, AROUND THAT HOUSE THAT, THAT HAVE VINYL WINDOWS.
UM, SO THE, THE QUESTION IN THIS CASE IS, YOU KNOW, IF WE'RE NOT BEING ALLOWED TO KEEP THESE VINYL WINDOWS, YOU KNOW, HOW, HOW, WHY, OR HOW, UH, DO ALL THE PROPERTIES GET THE PRIVILEGE TO KEEP THESE, THE VINYL WINDOWS THAT THEY HAVE ON THEIR PROPERTY? AND, AND THAT'S ALL I HAVE TO SAY.
COMMISSIONERS, ARE THERE ANY QUESTIONS FROM THE COMMISSION MEMBERS WITH A REMINDER THAT EACH COMMISSIONER'S QUESTIONS WITH THE ANSWERS ARE LIMITED TO FIVE MINUTES? ANY QUESTIONS FOR THE, UM, APPELLANT COMMISSIONERS? OKAY, WE'LL NOW HEAR FROM THE LANDMARK COMMISSION'S CASE FOR UP TO 20 MINUTES.
MR. ROY, THANK YOU FOR YOUR TIME THIS AFTERNOON.
I'M WITH THE DALLAS CITY ATTORNEY'S OFFICE, 1500 MARIA SEVEN DN, DALLAS, TEXAS 7 5 2 0 1.
UM, THIS IS A PROPERTY THAT OBVIOUSLY IS IN THE PEAKS EDITION HISTORIC DISTRICT.
THE HOUSE IS CONTRIBUTING AND THE, THE HISTORIC DISTRICT DOES PROTECT THE FRONT AND SIDE FACADES OF THE HOUSE, WHICH INCLUDES THE WINDOWS AND THE TRIM.
THE ORIGINAL WORK ON THE HOUSE WAS WOOD, SO REPLACING WOOD WITH OR REPLACING THE WOOD WITH VINYL IS, UM, IN VIOLATION OF THE HISTORIC DISTRICT'S PROVISIONS.
SO HOW THIS WORK PROCEDURALLY, THE APPLICANT PUT THESE WINDOWS IN THE 18 WINDOWS, THEY'RE ALL VINYL, UM, AND THEY DON'T COMPLY.
AND THEN CODE COMPLIANCE CAUGHT THEM.
UM, THEY WENT AND SOUGHT A CERTIFICATE OF APPROPRIATENESS.
THEY WENT BEFORE THE LANDMARK COMMISSION AND DIDN'T APPEAR AT THE LANDMARK COMMISSION, DIDN'T SUBMIT ANYTHING.
THERE IS NO EVIDENCE IN THE RECORD, UM, FROM THE LANDMARK COMMISSION THAT SUPPORTS ANY OF THE APPLICANT'S ARGUMENTS.
SO IF WE'RE REVIEWING THE RECORD AND WE'RE GOING BY WHAT THE STANDARD IS, WHICH IS THE, THE CPC IS REQUIRED TO AFFIRM THE DECISION OF THE LANDMARK CONDITION UNLESS IT FINDS THAT THE DECISION VIOLATES STATUTORY OR ORDINANCE PROVISIONS.
THERE'S NOTHING IN THE RECORD THAT SUPPORTS THAT.
IN FACT, THE APPLICANT IS THE ONE IN VIOLATION HERE.
UM, THE LANDMARK COMMISSION DIDN'T EXCEED ITS AUTHORITY, AND THERE IS, THERE IS NOTHING IN THE RECORD, UM, THAT SUPPORTS THE APPLICANT'S CASE.
THE, WE PUT, I THINK THE ARGUMENTS FROM THE APPLICANT OR BASICALLY THAT THESE WINDOWS ARE EFFICIENT OR MAYBE EVEN EXCEED EFFICIENCY OF WOOD WINDOWS.
WE PUT SOME EVIDENCE IN THE RECORD, UM, THAT STAFF AND I, THAT WOOD WINDOWS ARE PROBABLY MORE EFFICIENT THAN VI VINYL WINDOWS AND JU AND THEY IN AT TIMES MIGHT COST MORE, BUT THEY ARE, UM, COMPARATIVELY PRICED.
SO THE, I DON'T KNOW WHERE TO GO HERE.
THE, THE ONLY EVIDENCE ON THE RECORD HERE SUPPORTS THE LANDMARK COMMISSION AND THE STAFF'S POSITION, WHICH, UM, THE STAFF IS OF THE OPINION THAT THE WINDOWS ARE NOT IN COMPLIANCE AND THERE'S NOTHING IN THE RECORD THAT SAYS OTHERWISE.
SO I ASK THAT YOU AFFIRM THE DECISION OF THE LANDMARK COMMISSION.
ARE THERE ANY QUESTIONS FROM COMMISSIONER MEMBERS WITH THE SAME REMINDER THAT QUESTIONS AND ANSWER LIMITED TO FIVE MINUTES FOR EACH COMMISSIONER.
[04:55:05]
OKAY.WE'LL NOW HEAR THE REBUTTAL CLOSING BY THE APPELLANT, UH, FOR UP TO FIVE MINUTES.
MR. MENDEL, YOU GET ANOTHER FIVE MINUTES IF YOU'D LIKE TO TAKE IT, SIR? YEAH, I MEAN, THE ONLY THING IS, UH, LIKE I SAID, I WOULD REALLY APPRECIATE IF WE, UH, WERE ABLE TO KEEP THOSE WINDOWS AND WE CAN MAKE ANY ADJUSTMENTS NECESSARY TO THE OUTSIDE OF THE HOUSE, UH, ESPECIALLY THE, THE TRIM OF THE WINDOWS ON THE OUTSIDE AND, UH, TO ALLOW US TO, TO KEEP THESE VINYL WINDOWS THAT WE'VE, WE'VE PAID A LOT OF MONEY FOR.
ARE THERE ANY QUESTIONS FOR STAFF? OKAY.
THE CITY PLAN COMMISSION MAY CHOOSE TO DEBATE AND DECIDE THIS MATTER TODAY OR MAY HEAR THE PRESENTATIONS AND DELAY THE DEBATE OR THE VOTE TO OF THE MATTER.
UH, IF ADDITIONAL TIME IS REQUIRED TO PROPERLY DECIDE THE CASE, A MOTION TO AFFIRM OR REVERSE THE LANDMARK COMMISSION REQUIRES A MAJORITY VOTE.
IF THE CITY PLAN COMMISSION MAKES ITS DECISION ON THIS APPEAL, A RESOLUTION UPHOLDING OR OVERTURNING THE LANDMARK COMMISSION WILL BE ENTERED INTO THE MINUTES AS PART OF THE RECORD.
NOW THAT WE HAVE HEARD BOTH SIDES, WE MUST MAKE A DECISION.
THE CITY PLAN COMMISSION MAY REVERSE OR AFFIRM IN WHOLE OR IN PART OR MODIFY THE DECISION OF THE LANDMARK COMMISSION OR THE CITY PLAN COMMISSION MAY REMAND A CASE BACK TO THE LANDMARK COMMISSION FOR FURTHER PROCEEDINGS.
THE CITY PLAN COMMISSION MUST GIVE DEFERENCE TO THE LANDMARK COMMISSION DECISION AND MAY NOT SUBSTITUTE ITS JUDGMENT FOR THE LANDMARK COMMISSION'S JUDGMENT CITY PLAN COMMISSION MUST AFFIRM THE LANDMARKS COMMISSION DECISION UNLESS IT FINDS THAT IT VIOLATES A STATUTORY OR ORDINANCE PROVISION EXCEEDS THE LANDMARK COMMISSION'S AUTHORITY OR WAS NOT REASONABLY SUPPORTED BY SUBSTANTIAL EVIDENCE.
CONSIDERING THE EVIDENCE IN THE RECORD AND SUBSTANTIAL EVIDENCE REFERS TO EVIDENCE THAT A REASONABLE MINE COULD ACCEPT AS ADEQUATE TO SUPPORT A CONCLUSION, SUBSTANTIAL EVIDENCE IS MORE THAN A ILLA.
DO I HAVE A MOTION MR. CHAIR? YES.
I MOVED TO AFFIRM LANDMARK COMMISSION AND I HAVE COMMENTS IF I HAVE A SECOND.
COMMISSIONER HOUSEWRIGHT FOR YOUR SECOND COMMENTS.
COMMISSIONER HAMPTON, THANK YOU.
I APPRECIATE THE APPLICANT BEING HERE, BUT I THINK THE REQUEST THAT YOU ARE ASKING OF US IS NOT WITHIN OUR POWER.
UM, I WOULD ENCOURAGE YOU TO, UM, RETURN TO LANDMARK COMMISSION.
THAT IS FUNDAMENTALLY WHAT A DENIAL WITHOUT PREJUDICE ALLOWS YOU TO DO.
LANDMARK, I THINK HAS THE OPPORTUNITY TO CONSIDER THE INFORMATION THAT YOU, UM, PUT IN YOUR LETTER TO US.
UM, FURTHER THERE ARE PROVISIONS WITHIN THE ORDINANCE THAT YOU COULD USE IN WORKING WITH STAFF, UM, THAT MAY BE ABLE TO, UM, ACHIEVE SOME OF THE THINGS THAT I THINK YOU'RE, YOU'RE ASKING US TO CONSIDER.
SO I DO WANT TO ENCOURAGE YOU TO, TO RE-FILE YOUR APPLICATION.
UM, UNFORTUNATELY FOR US, THERE'S VERY LIMITED OPPORTUNITIES THAT WE HAVE WITH AN APPEAL.
I THINK, AS YOU HEARD THE CHAIR MENTION, UM, WE ARE REQUIRED TO AFFIRM LANDMARK, NOT SUBSTITUTE OUR, OUR JUDGMENT FOR THEM UNLESS THERE IS EVIDENCE THAT THEY HAVE, UM, VIOLATED THEIR AUTHORITY.
SO I HOPE MY FELLOW COMMISSIONERS WILL SUPPORT THE MOTION.
THANK YOU COMMISSIONER HAMPTON.
ANY OTHER COMMENTS? COMMISSIONERS? SEEING NONE OF THOSE IN FAVOR SAY AYE.
[APPROVAL OF MINUTES]
GO BACK AND PICK UP THE, THE MINUTES FROM THE JANUARY 23RD, 2025 HEARING.IS ANYBODY, DO WE HAVE A MOTION I REVIEWED? I CAN DO THAT, BUT I HAVE ONE CORRECTION PLEASE.
AND BEAR WITH ME ONE MOMENT AND I WILL READ IT INTO THE RECORD.
IN THE MATTER OF THE JANUARY 23RD, 2025 MINUTES I MOVE TO, EXCEPT WITH THE FOLLOWING CHANGE ITEM 12 Z 2 45 DASH HUNDRED 13.
THE SECOND SENTENCE IN THE MOTION SHOULD READ FOR A MINIMUM OF 40% OF A BUILDING FACADE, MINIMUM FRONT YARD IS 20 FEET.
THANK YOU COMMISSIONER HAMPTON FOR YOUR MOTION.
ALL THOSE IN FAVOR PLEASE SAY AYE.
IT IS 4:07 PM MIRACULOUSLY, WE'RE GOING HOME.
UH UH, NO HONEYMOON FOR COMMISSIONER FRANKLIN WITH SEVEN CASES ON THE DOCKET TODAY.
COMMISSIONERS HAVE A GREAT EVENING.