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[00:00:03]

OK, WE'RE RECORDING, SO THREE, TWO, ONE.

WELCOME TO THE DECEMBER TWENTY FOURTH MEETING OF THE GARLAND PLANNING COMMISSION.

AS IS OUR CUSTOM, WE START OUR MEETING WITH A PRAYER AND A PLEDGE TONIGHT LED BY COMMISSIONER DALTON. PLEASE JOIN ME, OUR DEAR AND GRACIOUS HEAVENLY FATHER, WE COME BEFORE YOU NOW THANKING YOU FOR ALL THE BLESSINGS THAT YOU BROUGHT US.

WE THANK YOU FOR THIS TIME OF YEAR, THE REFRESHING RAIN AND THE COOLER TEMPERATURES.

WE THANK YOU, FATHER, FOR THE LIFE THAT YOU'VE GIVEN US.

WE THANK YOU FOR OUR ABILITIES IN EACH ONE OF US.

WE THANK YOU NOW, FATHER, BECAUSE THERE APPEARS TO BE LIGHT AT THE END OF THE TUNNEL FOR THE CORONAVIRUS. WE THANK ALL OF THE PEOPLE WHO'VE WORKED HARD TO GET THIS TO THE POINT WHERE WE CAN MOVE PAST THIS.

FATHER, WE THANK YOU FOR THE FIRST RESPONDERS, THE MEN AND WOMEN IN UNIFORM AND MEN AND WOMEN IN THE MEDICAL FIELD THAT HAVE PUT THEIR LIVES ON THE LINE TO SAFEGUARD THE REST OF US. FATHER, WE THANK YOU FOR THIS CITY, THIS COMMISSION.

WE ASK THAT YOU GIVE US THE KNOWLEDGE AND WISDOM TO MAKE THE BEST DECISIONS FOR THE CITIZENS OF GARLAND AND THE CITY OF GARLAND.

THESE THINGS WE ASK IN JESUS CHRIST NAME.

AMEN. AMEN.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

WELL, GOOD EVENING AGAIN.

THANK YOU FOR COMING HERE.

WE'RE NOT BEING TELEVISED LIVE, BUT IF ANY OF YOU ARE WATCHING ON SEE ON THE INTERNET. SO I WON'T TELL YOU HOW YOU CAN LOG INTO THE MEETING BECAUSE NOBODY'S OUT THERE WATCHING.

SO WE'LL JUST GET INTO OUR CONSENT AGENDA.

[CONSENT AGENDA]

AND ALL THESE ITEMS IN THE CONSENT AGENDA ARE ITEMS THAT THE COMMISSIONERS HAVE REVIEWED AND WE WILL BE VOTING TO APPROVE IN ONE MOTION.

COMMISSIONERS, IF ANY ONE OF YOU WANTS AN ITEM REMOVED, LET ME KNOW AFTER I'VE READ THE CONSENT AGENDA. AND SINCE THERE'S NOBODY IN WELL, IF THERE IS ANYBODY IN THE AUDIENCE, JUST LET US KNOW, TOO. ALL RIGHT.

CONSENT AGENDA ITEM 1A.

CONSIDER APPROVAL OF MINUTES FOR NOVEMBER 23RD 2020 MEETING ITEM 2A PLATS.

PLAT 20-31 CARRIAGE HOME ON THE LAKE'S PHASE TWO FINAL PLAT.

ANYBODY WISH ANY OF THESE ITEMS ARE REMOVED? IF NOT, ENTERTAIN A MOTION FOR APPROVAL? MR. CHAIR.

COMMISSIONER DALTON.

I MAKE A MOTION THAT WE APPROVE THE CONSENT AGENDA AS POSTED.

SECOND. MOTION BY COMMISSIONER DALTON A SECOND BY COMMISSIONER ROSE TO APPROVE THE CONSENT AGENDA, ALL IN FAVOR, OUR USUAL THUMBS UP SIGN.

AND IT PASSES UNANIMOUSLY.

ALRIGHTY, NEXT ITEM IS OUR ZONING CASE.

OH, I'LL GO AHEAD AND DO MY USUAL SPIEL.

WE GIVE THE APPLICANT 15 MINUTES TO PRESENT THEIR CASE.

OTHER SPEAKERS, WE ALLOW THREE MINUTES.

IF YOU'RE SPEAKING FOR A GROUP, WE ALLOW MORE AND IN ZOOM WE'LL DO WHATEVER IT TAKES TO HEAR FROM YOU. OK, SO AND IF YOU'RE SPEAKING, PLEASE STATE YOUR NAME AND ADDRESS INTO THE MICROPHONE FOR OUR RECORDS.

WE DO NEED THAT. THANK YOU.

[3a. Consideration of the application of Ocean Star Metals, Inc., requesting approval of a Change in Zoning from Heavy Commercial (HC) District to Industrial (IN) District. This property is located at 521, 523, 525 Shepherd Drive. (District 6) (File Z 20-32- Change in Zoning)]

ZONING CASE THREE A CONSIDERATION OF THE APPLICATION OF OCEAN STAR METALS REQUESTING APPROVAL OF A CHANGE IN ZONING FROM HEAVY COMMERCIAL DISTRICT TO INDUSTRIAL DISTRICT.

THIS PROPERTY IS LOCATED AT 521, 523 AND 525 SHEPHERD DRIVE.

GOOD EVENING. GOOD EVENING, THIS IS THE CASE AS STATED.

THIS IS THE CASE INFORMATION THE PROJECT IS LOCATED AT 521,523, AND 525 SHEPHERD DRIVE, THE ACREAGE OF THE PROPERTY IS ZERO POINT NINE FOUR SEVEN ACRES.

THIS IS THE LOCATION MAP.

THE PROPERTY IS OUTLINED IN TEAL AND THIS IS SHEPHERD DRIVE AND FOREST LANE, AND THE PROPERTY IS SURROUNDED BY INDUSTRIAL AND HEAVY COMMERCIAL.

THIS USE ARE CONSIST OF SELF-STORAGE FACILITIES, PRINTING COMPANY, BUILDING MATERIAL COMPANY, CATERING COMPANY, ANY AUTO PART FACILITY.

THESE ARE THE PHOTOS OF THE AREA THIS IS THE OCEAN STAR METALS.

THIS IS THE SITE PLAN THAT WAS PROVIDED BY THE APPLICANT IN 2010, A SUP WAS APPROVED FOR 10 YEARS FOR A RECYCLING CENTER, AND THE APPLICANT IS PROPOSING A RECYCLING

[00:05:05]

SALVAGE YARD, WHICH IS NOT PERMITTED IN A HEAVY COMMERCIAL DISTRICT.

THEREFORE, THE APPLICANT IS REQUESTING FOR A CHANGE IN ZONING FROM INDUSTRIAL.

I'M SORRY. THE APPLICANT IS REQUESTING A CHANGE IN ZONING TO INDUSTRIAL DISTRICT, WHICH ALLOWS A RECYCLING SALVAGE YARD BY A SPECIFIC USE PROVISION ONLY.

AND THIS IS DUE TO THE ADOPTION IN 2015.

THE USE IS NOW CLASSIFIED AS A RECYCLING SALVAGE YARD.

THE APPLICANT IS PROPOSING THIS USE WITH AN UNLIMITED OUTSIDE STORAGE USE IN SPECIALIZING IN SCRAP METAL RECYCLING IN THREE BUILDINGS WHICH ARE SHOWN ON THE SITE PLAN AND THOSE THREE BUILDINGS, ARE TOTALING UP TO FIFTEEN THOUSAND ONE HUNDRED EIGHTY TWO SQUARE FEET.

AND THE APPLICANT IS NOT PROPOSING ANY BUILDING EXPANSIONS OR EXTERIOR REMODELING.

THE ESTABLISHMENT WOULD OPERATE MONDAY THROUGH FRIDAY, 8:00 A.M.

TO 5:00 P.M..

AS SHOWN ON THE SITE PLAN IN THE PREVIOUS SUP, IT WAS APPROVED WITH 13 PARKING SPACES.

ON THE SITE PLAN, THE APPLICANT IS PROVIDING 17 PARKING SPACES WITH THE EXISTING PAVEMENT ON THE OVERALL SITE, WHICH BRINGS THE SITE CLOSER TO MEETING THE 18 REQUIRED PARKING SPACES AS PER THE GDC.

THESE ARE THE ELEVATION'S FOR THE BUILDING AT 521.

THESE ARE THE BUILDINGS FOR 523.

525.

ALSO, 525, SO AS MENTIONED EARLIER, THE APPLICANT IS NOT EXPANDING THE BUILDINGS OR EXPANDING THE PARKING LOT, THEREFORE NEW LANDSCAPING IS NOT TRIGGERED BY THIS REQUEST. HOWEVER, THE APPLICANT HAS LANDSCAPING ON SITE HAS EXISTING LANDSCAPING AND THE APPLICANT IS NOT PROPOSING A SIGNAGE WITH THIS REQUEST.

THE APPLICANT IS REQUESTING FOR A 30 YEAR SUP FOR THIS REQUEST.

AND STAFF RECOMMENDATIONS, DENIAL OF WANT A CHANGE IN ZONING FROM HEAVY COMMERCIAL DISTRICT TO INDUSTRIAL DISTRICT TO A SPECIFIC USE PROVISION TO ALLOW RECYCLING, SALVAGE YARD, UNLIMITED OUTSIDE STORAGE USE, AND THREE, A PLAN TO ALLOW A RECYCLING SALVAGE YARD, UNLIMITED OUTSIDE STORAGE USE.

GIVEN THE SMALL SIDE, THE OPERATION DOES NOT APPEAR TO MAINTAIN TRUCK TRAFFIC CIRCULATION ON SITE PER THE GARLAND DEVELOPMENT CODE REQUIREMENTS FOR RECYCLING SALVAGE YARD USE AND REQUIRES FREQUENT INTERFERENCE OF TRAFFIC LANES ON SHEPHERD DRIVE.

WE MAILED OUT 16 NOTIFICATION LETTERS FOUR ARE AGAINST WITHIN THE AREA, AND ONE IS A AGAINST OUTSIDE OF THE NOTIFICATION AREA.

TOTAL RESPONSES WAS FIVE.

AND THAT IS THE END OF MY PRESENTATION.

ALL RIGHT, COMMISSIONERS, ANY QUESTIONS OF STAFF? COMMISSIONER JENKINS. GOOD AFTERNOON OR GOOD EVENING, I DON'T KNOW WHAT TIME IT IS ANYMORE. WHAT WAS UNCLEAR TO ME, I SUPPOSE, AS I WAS READING THE AGENDA PRIOR TO THIS EVENING, WHAT ARE THE CURRENT BUSINESS OPERATIONS THAT THE APPLICANT HAS VERSUS WHAT THEY'RE SEEKING TO ESTABLISH? WELL, THEY'RE CONTINUING THE SAME USE, WHICH IS THE RECYCLING OF METAL.

THE USE IS NOT CHANGING.

THE ONLY THING THAT HAS CHANGED WAS THE GDC THAT WAS ADOPTED IN 2015.

AND SO FOR CLARIFICATION, THEY ALREADY DO EXACTLY WHAT THEY'RE ASKING FOR.

THE ONLY THING THAT'S CHANGED IS THE LAW.

THE LAW WAS REVISED IN 2015.

HOW OUT OF CONFORMITY WOULD THEY BE REGARDING THAT CHANGE.

SO HOW FAR APART ARE WE FROM WHERE WE STARTED TO WHERE WE ARE NOW?

[00:10:04]

WE'D BE HEAVY.

THE PROPERTY IS ZONED HEAVY COMMERCIAL, WHICH DOES NOT ALLOW RECYCLING SALVAGE YARDS.

YEAH MR. CHAIRMAN, I'LL ADD TO THAT HEAVY COMMERCIAL SINCE THE GDC ADOPTION, WHICH DOES NOT ALLOW RECYCLING SALVAGE YARDS, AS THE GDC HAS DEFINED, WHICH INCLUDES OUTDOOR STORAGE OF MATERIALS.

SO IT WOULD REQUIRE REZONING TO INDUSTRIAL.

THE MORE, I GUESS, TECHNICAL MATTERS OF OUT OF COMPLIANCE, BUT THAT THEY'RE REQUESTING TO CONTINUE IS, OF COURSE, AS WE MENTIONED, IN THE REPORT, THE ONSITE TRUCK CIRCULATION, THAT WAS A GDC REQUIREMENT THAT WAS ADDED IN TO KEEP TRUCKS ON SITE VERSUS HAVING TO RELY UPON THE ADJACENT PUBLIC STREET TO KIND OF MANEUVER IN AND OUT OF THE SITE AND BLOCKING TRAVEL LANES, OF COURSE, ON THAT STREET.

AND THEN THE OTHER ONE, I BELIEVE, IS FENCING.

THEY DO HAVE EXISTING FENCING.

IT'S THE SOLID GREEN MESH.

THE GDC DOES SAY MASONRY WALL, I BELIEVE EIGHT FOOT MASONRY WALL THERE CONTINUE TO JUST KEEP THE FENCE THAT WAS APPROVED IN 2010, OF COURSE.

SO THAT'S JUST A LITTLE MORE INFORMATION IF THAT THAT HELPS.

WELL, THE WHOLE REASON THIS IS COMING TO BE, THEY PROBABLY HAD JUST A 10 YEAR SPECIFIC USE PROVISION BEFORE. CORRECT.

SO IT'S COME UP FOR RENEWAL OR THEY HAVE TO APPLY AGAIN AND THEN THE NEW CONDITIONS TAKE PLACE. THEY WERE LEGAL, NONCONFORMING, SO TO SPEAK, BEFORE, UNDER THEIR SUP.

BUT NOW IT'S A WHOLE NEW SUP.

WE HAVE TO LOOK AT EVERYTHING. RIGHT.

THAT'S CORRECT, IT WAS A 10 YEAR SUP AND THAT HAS EXPIRED, SO THEY'RE GOING THROUGH THE ZONING PROCESS NOW.

COMMISSIONER ROSE YOU HAD A QUESTION.

YES AND IT HAS TO DO WITH THE SUP HAS THE STAFF TALKED TO THE APPLICANT AND WHY THEY'RE GOING FOR A 30 YEAR SUP AS OPPOSED TO ANOTHER 10 YEAR.

AND SECONDLY, THEY'RE TALKING ABOUT UNLIMITED SUPPLY OF TRASH OUTSIDE I SAY TRASH.

I USE THAT KIND OF DESCRIPTIVELY BECAUSE THAT'S WHAT IT'S GOING TO BE.

WHAT DO THEY MEAN BY UNLIMITED SUPPLY OF WHATEVER OUTSIDE? RIGHT. SO ON YOUR FIRST QUESTION, I BELIEVE THE APPLICANT AND EITHER KIMBERLY OR THE APPLICANT CAN EXPAND IF I'M OFF BASE ON THIS.

BUT MY UNDERSTANDING IS THEY WERE ASKING REALLY WHAT THE LONGER RANGE OF SUP TIME PERIODS COULD BE THAT THEY WOULD ASK FOR.

THERE WAS A RECYCLING SALVAGE YARD APPROVED FOR 30 YEARS, MAYBE ABOUT TWO OR THREE YEARS AGO. SO WE HAVE SEEN THAT BEFORE.

BUT THEY WERE REQUESTING 30 YEARS BASED ON THE ESSENTIALLY THE MAXIMUM OR MOST AMOUNT OF TIME THEY COULD REQUEST.

I DON'T BELIEVE WE HAD CONVERSATIONS RELATED TO ANOTHER 10 YEARS SPECIFICALLY.

AND THEN YOUR SECOND QUESTION, THE UNLIMITED OUTDOOR STORAGE IS ACTUALLY THAT'S TERMINOLOGY OF THE GDC BUT IT'S ACTUALLY CALLED RECYCLING SALVAGE YARD AND THEN IN PARENTHESES, UNLIMITED OUTDOOR STORAGE.

THAT'S WHAT DIFFERENTIATES IT BETWEEN A RECYCLING COLLECTION CENTER, WHICH IS ALL AN INDOOR OPERATION.

SO IT JUST IS INDICATIVE OF THE USE IT ALLOWS FOR OUTDOOR STORAGE AND DOESN'T HAVE A SPECIFIC LIMIT OR SQUARE FOOTAGE TO THAT OUTDOOR COMPONENT.

WHAT'S TO PREVENT THAT OUTSIDE STORAGE AREA BECOMING TRASHY FOR THE NEIGHBORHOOD? THERE IS A CONDITION IN THE SUP WHERE THEY CANNOT STACK IT ABOVE THE HEIGHT OF THE FENCE, IF I RECALL. THAT'S CORRECT, AND THAT'S ACTUALLY AN EXISTING SUP AND WE CARRIED IT FORWARD IN THIS DRAFT SUP CONDITIONS YES SIR.

OK. THANK YOU.

ANY OTHER QUESTIONS.

COMMISSIONER OTT. THANK YOU, MR. CHAIRMAN. PROBABLY A QUESTION FOR WILL.

DO THEY HAVE TO CHANGE THE ZONING OR COULD THEY HAVE APPLIED FOR A PD AND GOTTEN AN SUP THAT WAY? I SUPPOSE THAT IS ANOTHER OPTION.

GIVEN IT'S NOT ALLOWED IN THE HEAVY COMMERCIAL, IT SEEMED LIKE KIND OF A POLICY OF THE GDC AND THE SHIFTS TO INDUSTRIAL AND THERE ACTUALLY IS INDUSTRIAL.

ADJACENT TO IT.

YES SIR. ADJACENT TO IT.

SO THAT IN ITSELF, THE CHANGE TO INDUSTRIAL MADE SOME LOGICAL SENSE.

BUT I GUESS THE PD IDEA CERTAINLY A PD AN APPLICANT CAN REQUEST DEVIATIONS FROM ALL SORTS OF THINGS. I THINK THIS PARTICULAR ISSUE ABOUT BLOCKING THE TRAVEL LANES THAT MAYBE

[00:15:03]

SEEMED A LITTLE BIT OUTSIDE AND USUALLY PD DEVIATIONS ARE DESIGN RELATED AND THAT SORT OF THING JUST A LITTLE BIT UNIQUE.

I WAS LOOKING FOR MOSTLY JUST THE LOGIC ON IT.

AND IT'S WE CHANGED THE ZONING AS LITTLE AS POSSIBLE BECAUSE WE'RE ZONING THE LAND, NOT THE PEOPLE. BUT SINCE IT IS ADJACENT TO OTHER INDUSTRIAL USES AND THE DIFFERENCE BETWEEN HEAVY COMMERCIAL AND INDUSTRIAL ISN'T A HUGE DIFFERENCE.

IT MAKES SENSE. ARE THE PEOPLE THAT ARE ASKING.

THIS IS PROBABLY SOMETHING I SHOULD ASK THE APPLICANT DO YOU KNOW WHETHER THE APPLICANT IS THE OWNER OF THE PROPERTY OR ARE THEY THE TENANT? THAT I'M NOT SURE I'LL DEFER TO THE APPLICANT ON THAT.

OK, THANK YOU. THANK YOU.

ANY OTHER QUESTIONS? ALRIGHTY, AND I BELIEVE WE HAVE LET'S SEE, JUDY WANG IS SHE THE ONE WHO WAS HAVING TROUBLES GETTING ON TRACY OR.

OH I'M HERE? OH, I'M HERE.

OK, YOU'RE LISTENING. GOOD.

YES I'M LISTENING. YES. ALL RIGHT.

THE FLOOR IS YOURS.

AND IF YOU WANT TO ACTIVATE YOUR CAMERA OR ANYTHING, IF YOU WANT, THERE YOU GO.

YEAH, YEAH, WE'RE HERE.

ALL RIGHT, WELL, IF YOU BOTH STATE YOUR NAME AND ADDRESSES, WE NEED IT FOR THE OFFICIAL RECORDS. SURE.

IT'S JOEL WILKINSON.

11816 INWOOD ROAD, NUMBER 105 DALLAS SEVEN FIVE TWO FOUR FOUR.

ALRIGHT AND MS. WANG. JUDY WANG ADDRESS IS 523 SHEPHERD DRIVE, GARLAND, TEXAS, 75042.

THANK YOU.

I KNOW IT'S AWKWARD, BUT WE HAVE TO DO IT.

I APPRECIATE IT. THANK YOU.

NOW THAT WE'RE ALL FRIENDS, GO AHEAD.

YES.

OKAY. OK.

AND I DIDN'T KNOW IF YOU HAD ANYTHING TO PRESENT OR IF ANYTHING, YOU KNOW.

WE'D LIKE TO ADDRESS A COUPLE OF ISSUES.

WE'VE HEARD THE COMMENTS ABOUT TRAFFIC CONGESTION AND WE NOTICED THERE HAVEN'T BEEN ANY TRAFFIC STUDIES DONE OR FEASIBILITY STUDIES.

IF YOU DID CHANGE THE TRAFFIC PATTERN, IT'S FREQUENTLY DONE.

WE HAVE MAYBE ONE OR TWO TRUCKS A DAY THAT BACK INTO THE PROPERTY.

THE PEOPLE THAT COMPLAIN ARE COMPLAINING BECAUSE WE'RE BACKING INTO THE PROPERTY.

IF YOU GO UP AND DOWN THAT STREET, IT'S OBVIOUSLY HEAVY COMMERCIAL INDUSTRIAL, THE NEXT DOOR NEIGHBORS. AND, YOU KNOW, IT'S CONSISTENT WITH THE NEIGHBORHOOD, I GUESS, IF THERE'S NO FEASIBILITY STUDY THAT'S BEEN DONE OR ANYTHING TO MAKE IT ANY DIFFERENT.

THERE'S REALLY VERY LITTLE THAT'S CHANGING.

IT'S JUST CHANGING A LEGAL TECHNICALITY.

AND YES, WE OBVIOUSLY YOU ALWAYS ASK FOR THE MOST THAT YOU CAN GET AND TAKE WHAT, SO 30 YEARS OR 10 YEARS? YOU KNOW, THOSE ARE JUST THOSE ARE THE NUMBERS.

BUT IT'S BASICALLY THAT NOTHING HAS CHANGED.

AND WE'RE IN BUSINESS AS WE WERE.

IT'S A MINORITY OWNED BUSINESS.

AND THE PEOPLE WE HAVEN'T SEEN THE FACES ON THESE PEOPLE WHO ARE COMPLAINING AND THE TRAFFIC ALONG THERE, IF YOU KNOW IT, MAYBE WE'RE UNLUCKY BECAUSE WE'RE THE CLOSEST TO FOREST LANE. IF YOU GO BY THERE, IT'S ANY TIME OF THE DAY THERE'S GOING TO BE TRAFFIC ALL UP AND DOWN, SHEPHERD AT DIFFERENT PLACES.

ONE OF THE OBJECTIONS WAS THAT THIS STREET IS SUPPOSEDLY DEVELOPING.

BUT IF IT'S GOING TO DEVELOP, WE'RE GOING TO HAVE MORE AND MORE PROBLEMS ON OTHER ENDS OF THE STREET AS WELL. IT JUST HAPPENS THAT WE ARE BACK.

WE'RE CLOSEST TO TO FOREST LANE, BUT VERY LITTLE IS CHANGING.

I THINK IT'S A REASONABLE REQUEST THAT'S CONSISTENT WITH THE STATUTES AND ORDINANCES.

THAT'S BASICALLY OUR POSITION, WE DON'T REALLY WE HEAR THAT THERE ARE PEOPLE COMPLAINING ABOUT THESE THINGS. WE HAVEN'T SEEN A FACE TO THEM OR ANY REASON IN WRITING WHY THEY THINK THIS IS A PROBLEM OTHER THAN ANECDOTAL EVIDENCE ABOUT PARKING ISSUES WHEN WE KNOW HOW MANY THERE, I DON'T THINK THAT'S UNREASONABLE.

DEFINITELY NOT FOR THE NEIGHBORHOOD.

THAT'S BASICALLY OUR POSITION.

ANY QUESTIONS OF THE APPLICANT.

I DO. COMMISSIONER ROBERTS.

OH, GO AHEAD, COMMISSIONER JENKINS, THEN COMMISSIONER ROSE.

THANK YOU VERY MUCH FOR YOUR TIME THIS EVENING.

BOTH OF YOU. MY ONLY QUESTIONS ABOUT YOUR INTENTIONS FOR REINVESTMENT OF YOUR BUSINESS.

[00:20:01]

AS THE GDC HAS SOME SPECIFIC ITEMS THAT THEY WOULD LIKE TO SEE CONSTRUCTED REGARDING THE MASONRY WALL OR MAKING SURE THAT THE REFUSED OR THAT THE MATERIAL IS NOT AT A CERTAIN HEIGHT. DO YOU HAVE ANY IMMEDIATE INTENTION TO REINVEST BACK INTO YOUR BUSINESS AND TO THE PROPERTY ITSELF AND THEN MAYBE ADDRESS SOME OF THE CONCERNS THAT YOUR NEIGHBORS HAVE. I'M ALWAYS OPEN TO AND ACTUALLY, I HAVE VISITED ALL THE NEIGHBORS TO ASK THEM IF THEY HAVE ANY CONCERNS THAT, YOU KNOW, THAT I CAN IMPROVE ON AND HELP WITH THE COMMUNITY.

AND I HAVE NOT HAD PEOPLE SAY THEY COMPLAIN ABOUT ANYTHING.

SO I REALLY DON'T KNOW WHO IS THE COMPLAINT.

AND ALSO THAT IF ANYTHING, THAT WE NEED TO IMPROVE TO MAKE THE MEET THE COMMUNITY OR TO HELP WITH THE BUSINESS, THAT I'M ALWAYS OPEN TO DO THAT.

ALL RIGHT, QUICK QUESTION BEFORE WE GET TO MR. ROSE, COMMISSIONER ROSE, DID YOU GET A COPY OF THE LETTERS THAT WERE SENT IN? TRACY SENTS THOSE OUT THIS AFTERNOON, THE RESPONSE FORMS. BECAUSE OF TRAFFIC AND THEY'RE ALL ACROSS THE STREET FROM YOU UP AND DOWN THE STREET ACROSS FROM YOU. SO I DIDN'T KNOW IF YOU'D SEEN THOSE AND IT HAD SOUND LIKE YOU HADN'T.

NO WE HAVEN'T SEEN ANY OF THOSE.

I WAS LISTENING AND I THINK I HEARD SOMETHING BETWEEN THE LINES YOU ASKED FOR THE MOST AND YOU'RE WILLING TO SETTLE FOR SOMETHING ELSE.

WOULD YOU BE AGREEABLE TO ANOTHER 10 YEAR EXTENSION OF THE SUP? SECONDLY, I WOULD STRONGLY ENCOURAGE OUR COMMISSION AND THE CITY COUNCIL TO TAKE OUT THE WORD UNLIMITED OUTSIDE TRASH STORAGE.

UNLIMITED BOTHERS ME.

I KNOW YOU CAN'T GO HIGHER THAN 10 FEET OR WHATEVER THE UNLIMITED BOTHERS ME.

TAKE THAT WORD OUT AND AGREE TO A 10 YEAR AND I MIGHT CONSIDER IT.

WE MAY OR MAY NOT BE ABLE TO DO THAT, AND WE'LL HAVE TO PUT A QUANTITY OTHER THAN UNLIMITED, BUT AND I THINK THAT'S KIND OF.

THEY PUT THE WORD IN THERE. WHY CAN'T WE SUGGEST WE TAKE THE WORD OUT.

THEY PUT IT IN. WE DIDN'T.

WELL, NO, THEY DIDN'T PUT IT IN IT'S PART OF THE ORDINANCE.

OH. NO THAT WOULDN'T WORK FOR OUR BUSINESS IT WOULD BE IMPOSSIBLE.

YEAH, YEAH. YEAH.

WELL, I BELIEVE THE ORDINANCE IS WRITTEN THAT THERE ARE TWO TYPES, INDOOR WHICH AND IN THE OUTDOOR CAN HAVE UNLIMITED OUTDOOR STORAGE.

AM I CORRECT ON THAT MR. GUERIN.

THAT'S CORRECT. YEAH.

UNLIMITED OUTDOOR STORAGE.

THAT'S LANGUAGE PER THE GDC AS FAR AS SALVAGE YARDS, WHICH IS WHAT THEY'RE USUALLY CLASSIFIED AS. BUT THAT MAINLY IS DIFFERENTIATING BETWEEN THE OUTDOOR VERSUS INDOOR ONLY RECYCLING YARDS. SO YOU'RE CORRECT, MR. CHAIRMAN. YOU KNOW, THE PROVISION ABOUT THE HEIGHT COVERS US A LITTLE BIT.

COMMISSIONER ROSE.

YEAH, OKAY. THAT'S MY FOLLOW UP QUESTION THEN.

THEY WOULD BE RESTRICTED TO NO MORE THAN EIGHT OR TEN FEET, WHATEVER THAT FENCE SPEAKERS] THAT'S IN THE NEXT ITEM, WHICH I BELIEVE IS THE ACTUAL SPECIFIC USE PROVISION AN THE WORDING OF IT'S IN THERE.

WHAT ABOUT THE 10 YEARS VERSUS 30? WELL, THAT'S UP TO US.

WELL I UNDERSTAND. BUT ARE THEY WILLING TO ACCEPT IT? IF YOU'RE COMMITTING TO THE 10, WE'LL TAKE THE 10.

OK. ALL RIGHT, COMMISSIONER WILLIAMS AND THEN COMMISSIONER OTT.

THANK YOU, MR. CHAIRMAN.

WHO OWNS THE THE JUNK CARS THAT ARE ON THE NORTH SIDE OF THE BUILDING? IS THAT Y'ALLS OR IS THAT SOMEONE ELSE? NO, I DON'T HAVE JUNK CARS.

THAT'S MAYBE THAT CAR LOT.

BECAUSE THERE'S A CAR LOT RIGHT NEXT TO US.

THERE'S TWO ROWS OF CARS THAT HAVE BEEN THERE FOREVER.

YEAH THAT'S SP ENTERPRISE YEAH, THAT'S A CAR LOT NEXT TO US.

OK. AND ALSO, IF THERE'S WHAT YOU'RE TELLING US IS YOU ONLY HAVE TWO OR THREE PEOPLE COME PER DAY IS THAT WHAT I HEARD.

TWO OR THREE THE REASON ONE OF THE COMPLAINTS THAT WE'VE HEARD, AGAIN, WE HAVEN'T SEEN THESE IN WRITING WAS THAT THERE WERE 18 WHEELERS THAT WOULD COME AND BACK IN.

AND YES, THAT IS CORRECT.

WE HAVE THAT AS PART OF OUR BUSINESS, BUT IT'S ONLY ONE OR TWO A DAY.

AND THAT WAS THE REASON THEY WERE COMPLAINING.

[00:25:01]

THAT'S WHAT THE REASON THEY TOLD US WAS THE REASON FOR THE CONGESTION.

AND THAT'S WHY THAT CAME UP.

AND FROM WHAT I SAW, THERE'S NO ONE WAY IN AND ANOTHER WAY OUT, RIGHT? YOU CAN CIRCULATE BACK IN AND CIRCULATE OUT TO THE OTHER END THE ENTRANCE CLOSER TO THE TRAFFIC LIGHT.

TRAFFIC CAN CIRCULATE THROUGH THE FRONT.

RIGHT. THANK YOU, MR. CHAIRMAN. THANK YOU, COMMISSIONER OTT.

THANK YOU, MR. CHAIRMAN. TELL US A LITTLE BIT ABOUT OCEAN STAR, HOW MANY EMPLOYEES DO YOU HAVE IN THIS BUSINESS? WE HAVE BETWEEN EIGHT AND NINE.

ABOUT EIGHT TO NINE EMPLOYEES.

AND YOU'VE BEEN IN BUSINESS FOR 10 YEARS.

AND LOOKING AT THE LETTERS THAT WERE PROVIDED TO US THAT DID MENTION THAT THERE ARE A COUPLE OF FIRES THAT YOU'VE HAD.

AND IS THERE TRUTH TO THAT STATEMENT? YES, BECAUSE PREVIOUSLY WE HAD LIKE HAD TO CHECKED EVERYTHING THAT COMES IN AND THINGS THAT HAVE GASOLINE, WE TURN THEM AWAY.

OK, SO YOU CHANGED YOUR BUSINESS PRACTICES SO THAT YOU DON'T HAVE THAT HAPPEN AGAIN.

OK. THEY'VE BEEN BURNED ONCE ALREADY, SO TO SPEAK.

I THINK THAT'S ALL I HAVE, WE'VE ALREADY COMMITTED THAT IF WE WERE TO GO WITH THE 10 YEAR SUP, THAT WOULD BE SOMETHING YOU'D BE AGREEABLE WITH.

SO I THINK THAT'S ALL THAT I HAVE FOR NOW.

COMMISSIONER DALTON, YOU WERE UP NEXT, I BELIEVE.

THANK YOU MR. CHAIR. YOU SAID YOU HAVE TWO LARGE TRUCKS ON AVERAGE COMING IN AND OUT OF THE FACILITY ARE THEY ALL THAT BRINGS STUFF IN AND TAKES STUFF OUT.

YES.

OR IS THERE OTHER PEOPLE COMING AND BRINGING THINGS? WE HAVE SMALLER, JUST SMALL VEHICLES COMING TO BRING US STUFF.

AND THE BIGGER TRUCKS IS USUALLY MOST OF THE TIME GOING OUT.

OK, SO HOW MANY SMALL VEHICLES PER DAY? BECAUSE THAT'S ALSO TRAFFIC.

SMALL VEHICLE A DAY.

WE USUALLY HAVE ABOUT MAYBE FIVE VEHICLE AN HOUR.

WE OPEN 8 HOURS NINE HOURS A DAY.

SO ABOUT 50 SMALLER VEHICLES A DAY.

OK, SO YOU HAVE ABOUT 50 VEHICLES A DAY, PLUS THE 18 WHEELERS, LARGE TRUCKS.

RIGHT OK, ALL RIGHT THANK YOU.

THANK YOU. AND THIS WILL BE A QUESTION OF STAFF.

WAS THERE ANY OTHER COMMISSIONERS WHO WANTED TO ASK ANYTHING.

IN THE REPORT IT SAID SOMETHING ABOUT A CIRCULATION DIAGRAM.

WE DID NOT GET THAT THAT IS REQUIRED.

SO YOU HAVEN'T SEEN THAT YET? NO, THEY DID PROVIDE ONE IN FACT, ACTUALLY, IF YOU'D LIKE FOR US TO PULL IT UP.

I BELIEVE KEN DOES HAVE IT AVAILABLE.

WELL, I WAS WONDERING, THEY WERE ALSO HAD A SLIGHT OVERAGE ON PARKING.

AND WITH THE CASE OF THE 18 WHEELERS, WOULD THEY BE ABLE TO MAYBE PULL INTO THE DRIVEWAY? AND IF THEY TAKE SOME OF THE PARKING SPACE TO CREATE A WIDER RADIUS, THAT THEY COULD THEN BACK IN TO WHERE THEY NEED TO? OH, OK, YEAH WE CAN SEE THAT.

OK. NOW, DO THE 18 WHEELERS BACK INTO THAT SPACE UP AT THE TOP WHERE THEY WOULD BE STICKING OUT INTO THE STREET? NO, IT'S OK, OK, GOOD, GOOD.

I JUST WANT TO VERIFY THAT.

RIGHT. SO IT LOOKS LIKE A FAIRLY THEY PULL FORWARD AND THEN BACK IN.

IT'S FAIRLY SIMPLE.

RIGHT. DO YOU EVER GET MORE THAN ONE 18 WHEELER STACKING ONE HAS TO WAIT IN THE STREET. NO WE HAVE THEM SPACE OUT THE TIME THEY DON'T COME WELL, THAT EXPLAINS A BIT QUITE A BIT FOR ME.

THANK YOU. AND HAVE YOU OWNED THIS BUSINESS SINCE 10 YEARS AGO THEN AND YOU CAME BEFORE US 10 YEARS AGO, I BELIEVE DIDN'T YOU.

YES, I DON'T REMEMBER WHO, BUT YEAH, IT WAS ME OK, GOOD. IS YOUR BUSINESS MODEL PRETTY MUCH THE SAME.

IT'S THE SAME WAY WE OPERATE JUST THE SAME.

BECAUSE AT THAT TIME YOU TOLD US THAT YOU WEREN'T.

AND I DROVE BY AND I SAW THE SIGN.

AND IT DOESN'T LOOK LIKE YOU'RE RECYCLING FERROUS MATERIALS, WHICH IS WHAT YOU SAID LAST

[00:30:04]

TIME. YOU WEREN'T DOING STEEL AND IRON AND STUFF LIKE THAT.

RIGHT. WE DON'T THE MAJORITY IS NONFERROUS.

YEAH. BECAUSE I WENT BACK AND LOOKED AT THE ACTUAL MEETING BECAUSE WE HAD QUITE A FEW RECYCLING REQUESTS AT THAT TIME AND SOME OF THEM HAD SOME TRAFFIC ISSUES WITH THEM AND AND YOURS WAS WENT STRAIGHT THROUGH.

NOBODY COMPLAINED ABOUT ANYTHING.

AND NOW WE'RE SEEING A FEW COMPLAINTS.

SO THAT'S A LITTLE BIT OF MY CONCERN THERE.

BUT OTHER THAN THAT, SO EVERYTHING'S PRETTY MUCH THE SAME THEN.

YES, THE SAME. ALL RIGHT, WELL, I APPRECIATE IT AND AND I APPRECIATE YOUR UPFRONT ANSWERS, TOO, ABOUT THE NUMBER OF CARS AND EVERYTHING, BECAUSE SOME PEOPLE WOULD HAVE A TENDENCY TO FUDGE ABOUT THAT. YOU WERE JUST UP FRONT.

AND I APPRECIATE THAT.

I'M HERE EVERY DAY. I KNOW MY BUSINESS.

AND I MEAN, I YOU KNOW, WE OPERATE THE SAME AND I LIKE TO JUST COMPLY WITH EVERYTHING.

SO THAT'S HOW I RUN MY BUSINESS.

AND SO.

YEAH. I DROVE BY. OF COURSE, IT WAS A WEEKEND, IT WASN'T OPEN, BUT IT LOOKED GOOD FROM THE OUTSIDE. AND I DIDN'T SEE ANY TRASH FROM BEHIND THE GATES OR ANYTHING.

THE TRAFFIC DOES CONCERN ME A LITTLE BIT.

AND NO MATTER WHAT, THIS COMMISSION DOES PROBABLY WOULD BE GOOD OF YOU TO GO TALK TO YOUR NEIGHBORS ACROSS THE STREET, GET THE LETTERS AND GO TALK TO THEM ABOUT THEIR CONCERNS AND SEE IF YOU CAN WORK OUT A SCHEDULE OR THINGS LIKE THAT THAT MAY WORK BETTER FOR THEM.

DEFINITELY.

SOMETIMES IN TALKING TO FOLKS TO FIND OUT WHAT THEIR REAL CONCERNS ARE.

YEAH, I HAVE NO PROBLEM DOING THAT.

I WOULD LOVE TALKING TO MY NEIGHBOR.

I YOU KNOW, AND ACTUALLY GET TO KNOW THE NEIGHBORS THROUGHOUT ON THIS WHOLE STREET PRETTY MUCH IN THE PAST FEW YEARS.

THEN WE HAVE BUILT SOME RELATIONSHIPS.

SO I WOULD LOVE TO TALK TO MY NEIGHBOR, UNDERSTAND WHAT THEIR CONCERNS ARE AND I MAKE CORRECTION OF THAT.

THANK YOU. YEAH.

ANY OTHER QUESTIONS OF THE APPLICANT? ALL RIGHT. WELL, WE THANK YOU.

WE'RE PROBABLY GOING TO GO INTO DISCUSSION NOW, BUT WE'LL CALL YOU BACK IN IF WE NEED YOU TO ADDRESS ANYTHING. OK, THANK YOU.

COMMISSIONERS. MOTION DISCUSSION.

COMMISSIONER ROSE. MUTED SIR.

AND REMEMBER THIS. YEAH, GO AHEAD AND REMEMBER.

ANY CITIZENS WANTING TO EXPRESS THEIR OPINIONS ON ANY OF THIS.

WE DO NOT HAVE ANYBODY NO.

AND THERE WASN'T ANYBODY ON MY LIST.

THANK YOU FOR ASKING. AND WHAT'S UNDER CONSIDERATION NOW? THIS IS A THREE PART APPLICATION.

AS YOU CAN TELL. THIS IS FOR THE ZONING PORTION ONLY THE NEXT ONE WOULD BE FOR THE SUP, AND THE OTHER ONE IS A PLAN.

SO THEY'RE ALL RELATED, BUT THEY'RE GOING TO BE SEPARATE IN TERMS OF VOTES.

SO, COMMISSIONER JENKINS.

THANK YOU, CHAIRMAN. MY QUESTION IS FOR COMMISSIONER OTT AND FOR STAFF.

YOU INITIALLY ASKED THE QUESTION REGARDING WHETHER OR NOT THE APPLICANT HAD AN OPPORTUNITY TO ASK FOR A PD VERSUS THE CHANGE IN ZONING THAT WE'RE REQUESTING TODAY.

AND I HEARD PART OF THAT ANSWER AND IT JUST DIDN'T ALL CLICK CANNOT THAT BE RESTATED AGAIN FOR ME. NO THE PATH WAS REALLY THIS, IT WAS BECAUSE THE USE IS NOT ALLOWED IN HEAVY COMMERCIAL PER THE GDC THAT THEY FOLLOWED THE CHANGE IN ZONING PATH TO INDUSTRIAL AND SUP AND THAT SORT OF THING, PD I SUPPOSE A NUMBER OF ELEMENTS IN THE GDC CAN BE DEVIATED THROUGH A PD MECHANISM, AS I SAID EARLIER.

THOSE ARE TYPICALLY DESIGN RELATED, KIND OF WHERE YOU'RE, FOR LACK OF A BETTER WORD, IS KIND OF NEGOTIATING DESIGN ASPECTS OF A PROJECT.

MAYBE THEIR FLEXIBILITY, IF YOU WILL, THIS KIND OF HAD MORE TO DO IS A VERY SPECIFIC ISSUE AS FAR AS TRUCK CIRCULATION AND THE ADJACENT PUBLIC STREETS AND SEEMED A LITTLE BIT OF A UNIQUE FACTOR THAT PROBABLY WOULDN'T IN ITSELF, OR BY ITSELF TRIGGER A PD.

BUT THE LONG STORY SHORT, NO THEY WENT TOWARDS THE CHANGES THANK YOU, DIDN'T YOU ALSO SAY THERE'S SOME ALREADY SOME INDUSTRIAL ZONING NEARBY? THAT'S CORRECT, THERE IS SOME LOGIC IN THAT, THAT THERE IS INDUSTRIAL ZONING ADJACENT TO THE SITE. SO OR IF IT WERE A CHANGE IN ZONING FROM HEAVY COMMERCIAL TO INDUSTRIAL, IT WOULDN'T BE A SPOT ZONING, SO TO SPEAK.

THERE IS ADJACENT INDUSTRIAL, STRAIGHT ZONED INDUSTRIAL RIGHT NEXT DOOR TO IT.

ALSO LOOKED AT THE USE MATRIX OF HEAVY COMMERCIAL AND INDUSTRIAL.

AND THERE'S NOT THAT MUCH OF A DIFFERENCE.

AND I DIDN'T SEE ANY USES.

[00:35:02]

IT WOULDN'T BE TOTALLY INAPPROPRIATE.

AS A MATTER OF FACT, IT WAS KIND OF INTERESTING THAT IN INDUSTRIAL THEIR USE IS IN HEAVY COMMERCIAL. THAT REQUIRE AN SUP IN INDUSTRIAL.

SO INDUSTRIAL ACTUALLY HAS MORE IN TERMS OF RESTRICTIONS VIA THE SUP METHOD.

SO IT'S AN OBSERVATION THERE.

ANY MORE DISCUSSION? IS THERE A MOTION? YES, COMMISSIONER WILLIAMS. I'LL MAKE LIKE THE MOTION, WE DENY THE REQUEST AS PER STAFF RECOMMENDATION.

WE HAVE MOTION TO DENY IS THERE A SECOND? AND A SECOND BY COMMISSIONER EDWARDS.

MOTION BY COMMISSIONER WILLIAMS SECOND BY COMMISSIONER EDWARDS ANY DISCUSSION ON THE MOTION. CLARIFICATION OF THE MOTION, IS THIS A MOTION FOR ALL THREE COMPONENTS OR JUST THE ZONING COMPONENT? JUST THE ZONING COMPONENT? I WAS THINKING OF PUTTING THEM ALL TOGETHER, BUT THEN IT PROBABLY JUST BECOME A BIGGER MESS THAN IT ALREADY IS.

MAKES THE OTHER TWO MOOT.

SO THE MOTION WE HAVE A MOTION BY COMMISSIONER WILLIAMS A SECOND BY COMMISSIONER EDWARDS TO DENY ANY OTHER DISCUSSION.

ALL IN FAVOR.

WELL, NO THUMBS UP FOR THOSE IN FAVOR OF DENIAL.

OK, SOME OF YOU ARE DOING THUMBS DOWN, IS THAT A VOTE TO DENY OR IS THAT.

OK SHOW OF HANDS WHO'S IN FAVOR OF THE MOTION TO DENY? OK, THAT'S COMMISSIONER WILLIAMS, EDWARDS, O'HARA, TO DENY AND LET'S SEE ALL NINE OF US ARE HERE, SO IT FAILS SIX TO THREE WITH COMMISSIONERS ROBERTS, OTT, JENKINS, ROSE, DALTON, WELBORN.

AND ALMOST MADE YOU COMMISSIONER MR. GUERIN IN OPPOSITION.

WE'VE GOT TO DO OUR BIG BUCK WORK HERE.

COMMISSIONER ROSE. ALL WE'RE APPROVING, IF WE APPROVE, THIS IS THE ZONING CHANGE PERIOD, END OF SENTENCE, PERIOD, END OF SENTENCE, THAT'S WHAT THIS PARTICULAR PART IS.

MOVE FOR APPROVAL. AND MOTION BY COMMISSIONER ROSE I SAW THE FIRST SECOND BY COMMISSIONER JENKINS TO APPROVE.

ANY DISCUSSION. THIS IS FOR THE CHANGE OF ZONING.

ALL IN FAVOR, RAISE HANDS.

AND THAT IS 6 TO 3 FOR THE MOTION PASSES WITH COMMISSIONERS EDWARDS, O'HARA AND WILLIAMS IN OPPOSITION. ALL RIGHT, HAVING SAID THAT, WE'RE ON TO ITEM B, WHICH IS AGAIN RELATED TO

[3b. Consideration of the application of Ocean Star Metals, Inc., requesting approval of a Specific Use Provision to allow a Recycling Salvage Yard (unlimited outside storage) Use. This property is located at 521, 523, 525 Shepherd Drive. (District 6) (File Z 20-32- Specific Use Provision)]

THIS BUSINESS CONSIDERATION, THE APPLICATION OF OCEAN STAR METALS REQUESTING APPROVAL OF A SPECIFIC USE PROVISION TO ALLOW RECYCLE SALVAGE YARD UNLIMITED OUTSIDE STORAGE USE.

THIS PROPERTY IS LOCATED AT 521, 523, AND 525 SHEPHERD DRIVE.

WE'VE HEARD FROM STAFF.

I DON'T KNOW IF THE APPLICANT WISHES TO ADD ANYTHING ELSE IN.

NOW, THIS IS FOR THE SUP, THIS SPECIFIC USE PROVISION.

ARE THERE ANY QUESTIONS ON THAT AND LET ME DOUBLE CHECK SOMETHING ON THAT, BECAUSE I WANTED TO MAKE SURE AND I BELIEVE I DID SEE IT.

OKAY. I BELIEVE THERE IS A PROVISION IN HERE THAT NONE OF THE STORAGE WILL BE ABOVE THE EIGHT FOOT FENCE. AM I CORRECT IN THAT? I BELIEVE SO.

HOW LONG IS THE SUP FOR.

WELL, THAT IS UP TO US.

OK. THEY REQUESTED 30, THERE'S BEEN DISCUSSION OF 10.

COMMISSIONER ROSE.

MOVE, WE IMPROVE THE SUP FOR 10 YEARS.

AND THAT THEY HAVE A FULL UNDERSTANDING, A FULL AND COMPLETE UNDERSTANDING THAT THEY'RE OUTSIDE STORAGE CANNOT EXCEED THE HEIGHT OF THE FENCE.

SECOND. MOTION BY COMMISSIONER ROSE AND WAS THAT THE SECOND BY COMMISSIONER WELBORN, DID I HEAR OR WAS THAT COMMISSIONER JENKINS.

RIGHT. COMMISSIONER WELBORN. ANY DISCUSSION, THIS IS A MOTION TO APPROVE THE SPECIFIC USE

[00:40:01]

PROVISION FOR A PERIOD OF 10 YEARS WITH A PROVISION AS STATED IN THE SUP, THAT NO STORAGE BE OVER THE HEIGHT OF THE FENCE.

BEFORE WE VOTE ON THIS, I HAVE A QUESTION FOR THE COMMISSION.

SURE. GENTLEMEN, DO WE ALSO CONSIDER ADDITIONAL COMPLIANCE OR MEASURES TAKEN TO BE IN COMPLIANCE WITH THE GDC? AND I MEAN SPECIFICALLY THE WALL? THE MASONRY WOULD BE A HUGE ADDITION TO AN AREA THAT IS EACH THAT IS A HEAVY COMMERCIAL.

SO INSTEAD OF STRICT COMPLIANCE WITH A HEIGHT REQUIREMENT, WHICH THE APPLICANT MAY NOT BE ALWAYS ABLE TO ADHERE TO, THE APPLICANT IS ABLE TO CONSIDER AT ADDITIONAL TIME FUTURE INVESTMENT, THAT WOULD KIND OF CORRECT THAT VISUAL ISSUE.

RIGHT. RIGHT NOW, IT'S A METAL FENCE WITH SLATS IN AND I BELIEVE OR SOMETHING LIKE THAT.

AND IF I CAN ASK STAFF, THE LAST ONE WAS APPROVED, EVEN THOUGH I BELIEVE THERE WAS A SORRY, I WENT BACK AND WATCHED THE OLD ONE.

SO I'M CONFUSED NOW. IS THE WALL IS A MASONRY WALL REQUIRED OR IS THIS BEING PRESENTED JUST AS A CONTINUATION WITH THE EXISTING FENCE? WELL, IT IS A REQUIREMENT NOW ON THE GDC, IT'S A SPECIAL STANDARD FOR RECYCLING SALVAGE YARDS. SO THAT WAS NOT IN PLACE WHEN THIS USE WAS APPROVED.

AND SO THEY GOT THE METAL FENCE WITH THE GREEN MESH APPROVED AS PART OF THEIR SUP.

BUT IT IS A REQUIREMENT NOW.

SO IF WE PASS IT THE WAY IT IS NOW THEY WOULD HAVE TO PUT IN THE FENCE, I MEAN, THE WALL, BECAUSE.

I DON'T BELIEVE THERE'S A WAIVER IN THE SUP OR THE ZONING OF THAT REQUIREMENT.

YEAH. AND OF COURSE, THEIR REQUEST AS PRESENTED IS, OF COURSE, THE FENCE AS IT EXISTS TODAY. SO IT'S APPROVED AS PRESENTED, THEY WOULD BE ABLE TO CONTINUE WITH THE EXISTING FENCE. THE COMMISSION WOULD NEED TO MAKE THAT PART OF THEIR MOTION IF YOU WANT TO UP THAT TO A MASONRY WALL OR SOMETHING ELSE.

AND COMMISSIONERS, WE CAN ADJUST THE REQUIREMENTS OF A SPECIFIC USE PROVISION.

AND THAT IS IN CONSIDERATION OF ANY UNDUE ECONOMIC HARDSHIP THAT IT MIGHT PLACE THE APPLICANT UNDER. SO I DON'T WANT TO CAUSE AN UNDUE BURDEN.

I'M JUST INTERESTED IN REINVESTMENT INTO THE CITY.

AND SO, OK, WELL, WE CAN ASK THE APPLICANT.

THEY'RE OVER THERE WAITING PATIENTLY.

AND I'M KNOWN FOR BRINGING APPLICANTS BACK IN WHEN WE'RE DISCUSSING THEIR FINANCIAL FUTURE. SO IF YOU ALL HAVE ANY INPUT ON THAT AND OFF THE TOP OF MY HEAD, I DON'T KNOW WHAT LINEAL FOOTAGE OF WALL THAT WOULD BE OR THE COST INVOLVED.

SO. AND IF YOU GO AHEAD AND UNMUTE YOURSELF.

OH. THERE YOU GO. OK.

SO YEAH, WE CURRENTLY WE MEASURED IT WAS WHAT WE HAD BEFORE.

WE HAVE SINCE THEY CHANGED TO A METAL FENCE, WHICH IS OBSCURED FROM OUTSIDE AS WELL.

SO JUST THE SAME EFFECT AS THE MASONRY.

SO THE OUTSIDE WILL NOT BE ABLE TO SEE WHAT'S INSIDE.

AND IT'S ALWAYS WE DON'T OPERATE OVER 8 FEET.

HOW MUCH IS THE COST DO HAVE ANY GUESS ON THE COST? THAT'S GOT TO BE VERY EXPENSIVE.

I DON'T KNOW WE NEVER.

AND IF I'M RECALLING THEM FROM MY DRIVING BY A WALL WOULD HAVE THE GREATEST EFFECT OUT FRONT FROM THE STREET FRONTAGE.

I DON'T THINK THERE'S THAT MUCH WALL I THINK YOU HAVE MOSTLY GATE.

RIGHT THAT'S THE GATE.

THE GATE IS THE METAL FENCE RIGHT.

YEAH AND DOWN THE SIDES, YOU'VE GOT THE METAL FENCE.

BUT THAT'S ADJACENT TO SOME INDUSTRIAL ZONING.

AM I CORRECT ON THAT OR THE CAR LOT? RIGHT. THAT'S A CAR LOT THAT'S NOT US.

YEAH. YEAH.

COMMISSIONER ROSE. IS IT POSSIBLE THAT THE CITY COULD GRANT THEM TO EXTEND THE HEIGHT OF THAT METAL FENCE BY ANOTHER TWO FEET, FOR INSTANCE OR THREE FEET OR 18 INCHES OR SOME NUMBER BUT CONTINUE IT AS A METAL FENCE AS OPPOSED TO A MASONRY WALL.

THAT WAS ACTUALLY DISCUSSED TEN YEARS AGO ABOUT MAKING IT A 10 FOOT FENCE AND BY.

BUT NOT A MASONRY, JUST ADD ON TO WHAT THEY HAVE.

YEAH. AND OF COURSE, THEN THE QUESTION COMES IN, WOULD THAT ALLOW THEM TO STACK IT EVEN HIGHER? NO, I MEAN, FOR US, NO, WE DON'T WANT NO.

YEAH. ALL RIGHT, AND MAYBE SOMETHING THAT ESPECIALLY ALONG THE STREET TO COMMISSIONER JENKINS' POINT, IS THAT MAYBE IF THERE IS SOME FENCE THERE, THAT A

[00:45:01]

LITTLE BIT OF WALL COULD BE SWITCHED OUT FOR, I MEAN, A LITTLE BIT OF FENCE SWITCHED OUT FOR A WALL. SO IT LOOKS BETTER FROM THE STREET.

YOU KNOW, THAT MAY NOT BE THAT MUCH, BUT MAYBE DOWN THE SIDES AN THE BACK WOULDN'T BE AS CRUCIAL IF I'M CATCHING YOUR DRIFT.

COMMISSIONER. IF NOT, OK.

WELL, CHAIRMAN ROBERTS, I THINK YOU'VE MADE SOME GREAT POINTS FOR THOSE AREAS THAT ARE VISIBLE BY THE STREET THE APPEAL OF THE AREA WOULD CERTAINLY AFFECT THE VALUE.

BUT I WOULD ALSO YOU'VE ALSO POINTED OUT THAT ALONG THE SIDE YOU'RE LOOKING AT, YOU KNOW, OTHER INDUSTRIAL ZONED AREA AND A CAR LOT.

SO I DON'T KNOW, DOING IT ALL THE WAY AROUND DOESN'T SEEM TO MAKE MUCH SENSE, BUT CERTAINLY FROM THE STREET. YEAH.

AND IT'S SOMETHING BETWEEN NOW AND COUNCIL THEY COULD LOOK AT COUNCIL, LISTENS TO US FOR ISSUES AND STUFF AND IT'S SOMETHING STAFF AND THE APPLICANT CAN LOOK AT AND SEE IF IT IS FEASIBLE FINANCIALLY AND LAND WISE TO DO SOMETHING LIKE THAT.

ANY OTHER DISCUSSION OR MOTION.

LET'S SEE. WE DIDN'T ALREADY TAKE THE VOTE ON THE SUP, DID WE? NO. ISN'T THERE A MOTION ON THE FLOOR.

YEAH, I BELIEVE YOU MADE YEAH, THAT'S RIGHT.

WE IT'S BEEN, YOU KNOW, HEY, I'VE SLEPT BETWEEN THEN AND NOW.

COMMISSIONER ROSE YOU MADE A MOTION AND I BELIEVE COMMISSIONER WELBORN SECOND TO APPROVE THE SUP FOR A PERIOD OF TEN YEARS WITH THE UNDERSTANDING OF THE PROVISION OF THE EIGHT FOOT STACKING HEIGHT OF THE MATERIAL.

I WOKE BACK UP. THANK YOU.

AND ALL IN FAVOR.

AND I BELIEVE WE DID VOTE ON IT ALREADY.

THAT'S NO WE DIDN'T THAT'S SIX TO THREE WITH COMMISSIONER AND ALL OPPOSED.

AND OK, THAT'S RIGHT, IT'S SIX TO THREE IN FAVOR WITH COMMISSIONERS', EDWARDS, O'HARA AND WILLIAMS IN OPPOSITION.

THE NEXT ITEM AND WITH THE SAME APPLICANT.

[3c. Consideration of the application of Ocean Star Metals, Inc., requesting approval of a Plan for a Recycling Salvage Yard (unlimited outside storage) Use. This site is located at 521, 523, 525 Shepherd Drive. (District 6) (File Z 20-32 - Plan)]

CONSIDERATION, OF THE APPLICATION OF OCEAN STAR METALS INC REQUESTING APPROVAL OF A PLAN FOR RECYCLING SALVAGE YARD, UNLIMITED OUTSIDE STORAGE USE.

THIS SITE IS LOCATED AT FIVE TWO ONE, FIVE, TWO, THREE AND FIVE TWO FIVE SHEPHERD DRIVE.

I KNOW IT MIGHT HAVE BEEN SHORTER TO TAKE THEM ALL AT ONCE, BUT I JUST WANT TO KEEP THINGS CLEAR TONIGHT. THIS IS FOR THE PLAN.

IS THERE ANY DISCUSSION OR QUESTIONS ON THE PLAN? DID STAFF SAY THE PLAN WAS IN TECHNICAL COMPLIANCE, IN REPORT AND.

NO, SIR, WE DID POINT OUT THE ISSUE WITH THE TWO SPECIAL STANDARDS OF THE TRUCK CIRCULATION REQUIRING THE PUBLIC STREET THE TRAFFIC LANES IN ORDER TO MANEUVER IN AND OUT. AND WE ALSO MENTIONED THE WALL THAT THE EXISTING FENCE VERSUS MASONRY WALL.

SO BUT IT WOULD BE IN TECHNICAL COMPLIANCE WITH THE SUP IF THOSE WERE ESSENTIALLY APPROVED WITH THE SUP MOTION THAT THE PLAN THAT ALL RIGHT, I THOUGHT I SAW SOMETHING I'M HAVING TROUBLE SCROLLING THROUGH THE SCREEN RIGHT NOW TO CATCH THAT. SO THANK YOU.

COMMISSIONER ROSE, I STILL HAVE A PROBLEM WITH THE WORD UNLIMITED.

I WOULD LIKE FOR OUR COMMISSION TO SUGGEST TO THE CITY COUNCIL THAT THEY TAKE THAT UNDER CONSIDERATION WHEN THEY REDO THE OK. LIKE I SAID, THEY DO LISTEN AND STAFF TRANSFER ANY MORE DISCUSSION OR A MOTION? ALL RIGHT, I'LL TAKE A MOTION IF ANYBODY'S WILLING.

I GOT ALL NIGHT. MR. CHAIR. COMMISSIONER DALTON.

I BELIEVE WE JUST SAID IT MEETS ALL TECHNICAL REQUIREMENTS.

IS THAT CORRECT? NOW THAT THE SUP HAS BEEN PASSED? TECHNICALLY, YES. OK, I'LL MAKE A MOTION THAT WE APPROVE.

WELL ALL RIGHT. A MOTION BY COMMISSIONER DALTON.

I SAW THE FIRST SECOND BY COMMISSIONER.

WELL, I'M GOING TO GIVE IT TO COMMISSIONER OTT.

YOU KNOW, I'M SPREADING THE LOVE AROUND TONIGHT.

SO A MOTION BY COMMISSIONER DALTON AND SECOND BY COMMISSIONER OTT TO APPROVE THE PLAN.

SEEING NO DISCUSSION ALL IN FAVOR.

ALL OPPOSED, SAME SIGN.

[00:50:04]

AND THAT PASSES 6 3 WITH COMMISSIONERS EDWARDS, O'HARA AND WILLIAMS IN OPPOSITION.

SO TO RECAP FOR YOU, IF YOU ALL COULDN'T FOLLOW ALL THAT, ALL THREE ITEMS PASSED, IT GOES ON TO COUNCIL NOW. AND I WOULD SUGGEST LOOKING AT YOUR TRAFFIC CIRCULATION, TALK TO YOUR NEIGHBORS ACROSS THE WAY AND POSSIBLY LOOKING AT DOING A WALL OR SOMETHING TO BEAUTIFY IT, TO PRESENT THAT TO COUNCIL.

OKAY. ALRIGHTY.

THANK YOU FOR COMING OUT TONIGHT AND BEARING WITH US.

THANK YOU. ALRIGHTY NEXT ITEM, ITEM D IS CONSIDERATION APPLICATION OF SMASHIN GAS MOTORS,

[3d. Consideration of the application of Smashin Gas Motors, requesting approval of a Specific Use Provision to allow Automobile Sales, New or Used on a property zoned Industrial (IN) District. This property is located at 1220 North First Street. (District 8) (File Z 20-36 - Zoning)]

REQUESTING APPROVAL OF A SPECIFIC USE PROVISION TO ALLOW AUTO SALES NEW OR USED ON A PROPERTY ZONED INDUSTRIAL DISTRICT.

THIS PROPERTY IS LOCATED AT 1220 NORTH FIRST STREET.

THIS IS THE CASE, AS STATED.

THE PROPERTY IS LOCATED AT 1220 NORTH FIRST STREET, THE ACREAGE IS FIVE POINT SIX TWO SEVEN ACRES. THIS IS THE LOCATION MAP THE PROPERTY AS OUTLINED IN TEAL, AND THIS IS FIRST STREET. THIS PROPERTY IS SURROUNDED BY INDUSTRIAL.

WHICH CONSIST OF A RECYCLING CENTER, A PAINT SHOP, TELECOMMUNICATION EQUIPMENT AND TRUCK RENTALS. THERE'S ALSO A GARLAND INDEPENDENT SCHOOL DISTRICT BASEBALL FACILITY AND SCHOOL BUS OPERATION PARKING, WHICH IS HERE, AND THEN ALSO A SINGLE FAMILY DEVELOPMENT.

THESE ARE THE PHOTOS OF THE AREA.

THIS IS THE AREA OF REQUEST.

THIS IS THE BASEBALL FIELD, THE STORAGE UNITS AND ALSO THE MOVING TRUCK RENTAL COMPANY. THE APPLICANT IS PROPOSING TO ADD USED CAR SALES TO A SITE, WHICH HAS EXISTING THIRTEEN THOUSAND SQUARE FOOT TRUCKING BUSINESS, AND THE SALES WOULD INCLUDE OUTDOOR PARKING AND VEHICLE DISPLAY.

THE SITE CURRENTLY HAS 54 PARKING SPACES, HOWEVER, THE FIVE PARKING SPACES THAT ARE SHOWN HERE WILL BE DESIGNATED TO THE DISPLAY PURPOSES FOR THE SMASHIN GAS MOTORS, WHILE FORTY NINE PARKING SPACES ARE FOR THE TRUCKING COMPANY.

THE APPLICANT IS NOT PROVIDING A BUILDING EXPANSION, NOR A PARKING LOT EXPANSION IS BEING PROPOSED FOR THIS REQUEST.

THEREFORE, LANDSCAPING AND SCREENING COMPLIANCE IS NOT TRIGGERED.

THE APPLICANT IS REQUESTING FOR A 10 YEAR SUP.

STAFF RECOMMENDATION, DENIAL OF A PLAN FOR AUTOMOBILE SALES, NEW OR USED ON A PROPERTY ZONED INDUSTRIAL DISTRICT, AND ALSO A DENIAL OF A SPECIFIC USE PROVISION TO ALLOW AN AUTOMOBILE SALES NEW OR USED ON A PROPERTY ZONED INDUSTRIAL DISTRICT.

IT IS RECOMMENDED THAT USES ON THE SUBJECT SITE CONTRIBUTE TO OR SUPPORT INDUSTRIAL EMPLOYMENT IN KEEPING WITH THE INTENT OF THE INDUSTRIAL DISTRICT.

SHOULD THE COMMISSION APPROVE THE REQUEST PARKING SPACES FOR THE AUTO SALES DISPLAY ARE RECOMMENDED TO BE LIMITED ONLY TO THOSE SHOWN ON THE SITE PLAN.

WE MAILED OUT 19 NOTIFICATION LETTERS.

TWO ARE IN FAVOR OUTSIDE THE NOTIFICATION AREA AND THE TOTAL RESPONSES WE RECEIVED TWO.

AND THAT'S THE END OF MY PRESENTATION.

ANY QUESTIONS OF STAFF AND REPORT? COMMISSIONER OTT. KIMBERLY, THANK YOU FOR YOUR PRESENTATION.

FROM READING YOUR REPORT AND LOOKING AT THIS IT'S MY UNDERSTANDING THAT THE TRUCKING BUSINESS, AS IT IS RIGHT NOW, IS GOING TO REMAIN THE SAME.

THEY'RE JUST ADDING ONE ELEMENT TO IT.

IS THAT CORRECT? THAT'S CORRECT.

OK, THIS WAS ORIGINALLY A ROADWAY EXPRESS TERMINAL YEARS AGO.

AND NOW IT'S A I FORGET WHAT THEY CALL IT, BUT IT'S A NEWER OWNER.

IS THIS OWNER THE APPLICANT OF IT OR DO YOU KNOW IF THEY'RE LEASING THE SPACE TO SOMEONE,

[00:55:06]

OR THAT'S SOMETHING I NEED TO ASK THE APPLICANT.

I BELIEVE IT'S THEY'RE LEASING IT.

BUT THAT MIGHT BE SOMETHING FOR A QUESTION FOR THE APPLICANT.

OK, THANK YOU.

AND THIS SPACE THAT THEY'RE ASKING TO USE FOR DEMONSTRATING OR SHOWCASING THEIR VEHICLES, IT'S PRETTY FAR SET BACK FROM FIRST STREET, CORRECT? IT'S EASILY 100 FEET, WOULDN'T YOU SAY? YES. OK, THANK YOU.

THAT'S ALL I HAVE. THANK YOU.

COMMISSIONER ROSE. YOU'RE MUTED, SIR.

THERE YOU GO. HAVE THEY EXPRESSED AN INTEREST IN OR DESIRE TO REPAIR AND MAINTAIN MAINTENANCE OF THESE AUTOMOBILES? THAT DISCUSSION WAS NOT BROUGHT UP, BUT MAYBE THAT IS A QUESTION FOR THE APPLICANT THEY CAN ANSWER THAT QUESTION FOR YOU.

ANY OTHER QUESTIONS OF STAFF.

ALL RIGHT. WE HAVE THE APPLICANT HERE, MR. ARNOLD, AND IF YOU'LL STATE YOUR NAME AND ADDRESS UNMUTE YOURSELF, STATE YOUR NAME AND ADDRESS INTO THE RECORD AND LET US KNOW WHAT YOU'RE THINKING.

GOOD EVENING, COMMISSIONERS, AND THANK YOU FOR YOUR TIME THIS EVENING.

MY NAME IS BRANDON ARNOLD, ONE TWO TWO ZERO NORTH FIRST STREET, GARLAND, TEXAS, SEVEN FIVE ZERO FOUR ZERO.

ANYTHING YOU WANT TO TELL US ABOUT YOUR APPLICATION.

YES, SIR. SO, COMMISSIONERS', I'D LIKE TO SAY THAT I AM THE APPLICANT.

I'VE BEEN FRIENDS WITH CRAIG INGRAM, THE OWNER OF THE BUSINESS FOR OVER 30 YEARS, AND I DO WORK THERE AS DIRECTOR OF BUSINESS DEVELOPMENT.

AND THE INGRAM'S HAVE HAD ASSET BASED INTER-MODAL INTO GARLAND SINCE ITS CONCEPTION IN THE EARLY 1990S, IF NOT MAYBE A LITTLE BIT BEFORE THAT MID NINETEEN EIGHTIES BY HIS FATHER, JIM INGRAM.

THEY HAD INVESTED IN THIS PROPERTY IN 2006 AND HAVE NO OTHER THOUGHTS OF MOVING.

I KNOW THERE'S BEEN I WAS WATCHING THE PREVIOUS APPLICANT AND THE REINVESTMENT IN THE COMMUNITY IS SOMETHING THEY VERY MUCH BELIEVE IN.

I BROUGHT THE IDEA UP FOR THE SUP, FOR USED AUTO SALES, BECAUSE IT CAN BE DONE IN THIS DISTRICT SIMPLY TO DO IT FOR HELPING OUR EMPLOYEES, OUR FRIENDS AND OUR FAMILIES TO HAVE ACCESS TO AUCTION VEHICLES AT A LOW OR REDUCED COSTS, ESPECIALLY DURING COVID TIMES.

AND WE'RE NOT USING IT TO BE A FULL BLOWN USED CAR DEALERSHIP WITH FLAGS, BALLOONS AND WHISTLES AND OPEN SIX DAYS A WEEK, THAT IS NOT OUR INTENTION PER TEXAS MOTOR VEHICLE LICENSING TO GET THE LICENSE IN THE STATE OF TEXAS WE NEED, AT A MINIMUM, FIVE PARKING SPACES. I PROBABLY WOULDN'T EVEN DO THAT.

BUT THAT IS A REQUIREMENT TO HAVE FIVE PARKING SPACES.

WE'RE MAKING NO CHANGES TO THE BUILDING.

OPERATION, AS USUAL, WE MAY OR MAY NOT EVEN HAVE ANY CARS THERE? I MAY HAVE MINE PARKED THERE, WHICH IS NO DIFFERENT THAN THE CAR THAT I HAVE PARKED THERE NOW THAT I MAY BE DRIVING TO SELL.

AND THAT'S PRETTY MUCH IT, IF I COULD ANSWER ANY QUESTIONS THAT ANY OF YOU ALL HAVE THIS EVENING. COMMISSIONER ROSE YOU'LL NEED TO UNMUTE YOURSELF.

THERE YOU GO, YES, BACK TO MAINTENANCE OF AUTOMOBILES.

ARE YOU GOING TO DO THAT ONLY AS NEEDED, OR YOU'RE GOING TO BE NOTED AS A PLACE TO GET YOUR OIL CHANGED OR GET THE TRANSMISSION CHANGED OR WHATEVER.

UNDERSTOOD COMMISSIONER? NO, THEY'RE NOT. WE DO NOT HAVE ANY PLANS FOR BEING A SERVICE REPAIR FACILITY WHATSOEVER.

GRANTED, IF WE NEED TO CHANGE THE OIL, I'LL CHANGE THE OIL OR TAKE IT SOMEWHERE IN THE COMMUNITY OF GARLAND TO HAVE THE OIL CHANGED.

THERE'S A PLACE RIGHT BEHIND US ON THAT PRIMARY HIGHWAY THAT HAS TWENTY FIVE DOLLAR OIL CHANGES WILL BE MORE THAN GLAD TO GIVE HIM THE BUSINESS BECAUSE YOU CAN'T CHANGE YOUR OWN OIL FOR ONLY TWENTY FIVE BUCKS.

SO. HOPEFULLY, THAT ANSWERS YOUR QUESTION.

[01:00:01]

WE ARE NOT GOING TO BE A MAINTENANCE SERVICE REPAIR FACILITY WHATSOEVER.

THANK YOU. ANY OTHER QUESTIONS? COMMISSIONER OTT. THANK YOU MR. CHAIRMAN, MR. ARNOLD, THANK YOU FOR COMING DOWN AND TALKING TO US ABOUT YOUR APPLICATION.

IT'S INTERESTING. I UNDERSTAND I'M IN THE AUTOMOTIVE INDUSTRY ALSO MYSELF AND I UNDERSTAND EXACTLY WHAT YOU'RE DOING. YOU WANTED TO HAVE A PLACE WHERE YOU CAN LEGALLY PUT A SIGN ON A CAR IF YOU WANTED TO, AND BE ABLE TO DEMONSTRATE IT WITHOUT HAVING ANY SORT OF ISSUES WITH THE CITY. IT'S A PRETTY SIMPLE REQUEST.

I DON'T SEE THIS AS BEING TOO ONEROUS YOUR SET PRETTY FAR BACK FROM 1ST STREET.

AND I DEFINITELY WOULD BE IN SUPPORT OF IT.

I THANK YOU FOR COMING DOWN.

THANK YOU, SIR. ANY OTHER COMMENTS? ALL RIGHT, THANK YOU FOR COMING OUT TO.

I'LL THROW IT BACK TO THE COMMISSION FOR MOTIONS OR DISCUSSION.

MR. CHAIRMAN, IF THERE'S NO DISCUSSION, I WOULD BE HAPPY TO MAKE A MOTION.

ALL RIGHT, GO AHEAD.

I'D LIKE TO MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING AND THAT WE ACCEPT THIS APPLICATION AS PRESENTED, BUT MAKE IT TO WHERE EXHIBIT C THAT IS THE DICTATED AREA WHERE THEY WILL HAVE FOR SHOWING THE VEHICLES.

OKAY. IS EXHIBIT C PART OF THE PLANS THAT WE WOULD BE APPROVING IN THE SECOND PART OF THIS OR IS THAT I GUESS WE CAN MAKE THAT PART OF THE PROVISION OF THE SPECIAL USE PROVISION TOO. YES.

OKAY. AND SECOND, BY COMMISSIONER ROSE.

ANY DISCUSSION? MY ONLY INPUT IS I HAVE A TENDENCY TO AGREE WITH STAFF ON THIS ONE AGAIN, WE ZONE THE LAND AND NOT THE PEOPLE. THEIR INTENTIONS MAY BE GOOD, BUT SOME THINGS, YOU KNOW, PASS ON AND THEN THIS WOULD STILL BE THERE UP TO 10 YEARS DOWN THE ROAD.

AND I'M NOT CERTAIN THIS IS A USE WE'D WANT TO BRING FURTHER UP FIRST STREET.

SO I WILL BE VOTING IN OPPOSITION TO THIS REQUEST FOR THAT REASON.

COMMISSIONER JENKINS, A POINT OF ORDER ON THE MOTION ARE WE IS THE MOTION IN CONSIDERATION OF THE STAFF'S RECOMMENDATION.

SHOULD WE PROCEED.

NO THE MOTION WOULD BE TO GO IN OPPOSITION TO STAFF RECOMMENDATION AND APPROVE THE APPLICATION FOR 10 YEARS WITH THE PROVISION THAT ANY PARKING OF CARS BE DISTINCTLY LIMITED TO THOSE FOUR OR FIVE SPACES ENUMERATED ON THE SITE PLAN.

AM I READING THE STAFF RECOMMENDATION, IT SOUNDS REALLY SIMILAR.

SO I WANTED TO GET CLARITY ON THAT.

IT LOOKS LIKE, STAFFS RECOMMENDATION.

JUST SAY, NO, WE'RE NOT, OBVIOUSLY.

AND THEY'LL LAUGH AT THIS. WE'RE NOT BOUND BY THE RECOMMENDATION.

BUT WE DO LISTEN TO WHEN THEY SAY IF YOU'RE GOING TO GO AGAINST US, WHY DON'T YOU GO AHEAD AND DO THIS. AND I THINK THAT'S WHAT COMMISSIONER OTT IS RESPONDING TO, IS HOLDING THEM TO THOSE PARKING SPACES.

THAT IS CORRECT.

WE'RE HALF LISTENING TO THEM, RIGHT? YEAH. ANY OTHER DISCUSSION? THE MOTION IS TO RECAP THE MOTION BY COMMISSIONER OTT AND SECOND BY COMMISSIONER ROSE TO APPROVE THE SPECIFIC USE PROVISION FOR A PERIOD OF 10 YEARS WITH THE PROVISION THAT THE PARKING SPACE WOULD BE LIMITED TO THOSE SPECIFIC SPOTS.

ALL IN FAVOR, THUMBS UP.

OK, THAT'S ONE, TWO, THREE, FOUR, ONE, TWO, THREE, FOUR IN FAVOR, ALL OPPOSED, SAME SIGN.

OH, OK.

THE MOTION FAILS WITH COMMISSIONERS WILLIAMS, ROBERTS, EDWARDS, O'HARA AND WELBORN IN OPPOSITION. SO WE NEED TO PASS SOMETHING.

CHAIR WILL ENTERTAIN ANOTHER MOTION.

DIDN'T IT FAIL FIVE TO FOUR, FAILED FIVE TO FOUR, BUT IT'S OUR DUTY TO PASS SOMETHING, WHETHER IT'S AN APPROVAL OR DENIAL.

SO WE 6 TO APPROVE. A LACK OF APPROVAL IS NOT A DENIAL.

AND MR. ARNOLD. THANK YOU, CHAIRMAN.

IF I UNDERSTAND YOU CORRECTLY, THE CONCERN THAT YOU HAVE IS 10 YEARS AND IT'S ON THE

[01:05:08]

PROPERTY AND NOT THE PEOPLE.

YES. IF ASSET BASED INTER-MODAL WERE TO LEAVE THE PROPERTY OR IF SMASHIN GAS WERE TO NOT HAVE THEIR LEASE WITH ASSET BASED INTER-MODAL ANY LONGER.

THEN WE CAN PUT A STIPULATION THAT THE SUP IS NOT TO BE CONTINUED, THAT IT WOULD CEASE AND DESIST AT THAT POINT IN TIME.

WOULD THAT MEET.

I'M GOING TO DEFER TO THE CITY ATTORNEY? BY MY UNDERSTANDING, OUR ORDINANCE IS WRITTEN WHERE WE TIE THE SPECIAL USE PROVISIONS TO THE LAND. AND WE USED TO TIE THEM TO AN ENTITY.

AND I DON'T KNOW IF IN OUR SPECIAL USE PROVISION WE COULD GO BACK TO THAT OR NOT.

THAT'S WHERE I'M ASKING.

AND I BELIEVE THAT'S CORRECT.

CHAIRMAN ROBERTS, IT'S TIED TO THE LAND AND NOT TO THE ENTITY ITSELF, SO THAT IF THE ENTITY WERE TO GET SOLD TO SOMEBODY ELSE WHO WANTED TO CONTINUE OPERATING, THEY WOULD HAVE THE RIGHT TO DO SO BECAUSE IT IS TIED TO THE LAND.

BUT HE BRINGS UP A GOOD POINT.

WE COULDN'T PUT IN THERE PROVISION KIND OF BURYING THE GDC TO TIE IT TO THE PERSON SHOULD THEY REQUEST. I DON'T THINK THE GDC ALLOWS THAT.

AND AS FAR AS SUP'S, I THINK IT'S PRETTY SPECIFIC.

I'M DESPERATELY TRYING TO GOOGLE RIGHT NOW, LOOKING THROUGH THE GDC, BUT I'M PRETTY SPECIFIC THAT IT IS TIED TO THE LAND.

YEAH. AND YEAH, MR. CHAIRMAN, MR. REPLACED IT, SO TO SPEAK, BUT I DO REMEMBER MR. ENGLAND BRINGING TO COUNCIL, REMOVING LANGUAGE THAT KIND OF ALLOWED IT TO BE TIED TO APPLICANTS AND ENTITIES.

SO, YEAH, I RECALL THAT REVISION WAS MADE PROBABLY ABOUT THREE YEARS AGO OR SO.

YEAH. BUT WE CAN THROW ALL OTHER KINDS OF PROVISIONS IN POSSIBLY REDUCING IT TO A THREE OR FIVE YEAR AND POSSIBLY MAKING REQUIREMENTS THAT THEY COULDN'T PUT ANY SIGNAGE OUT ADVERTISING THE CARS AND STUFF LIKE THAT WOULD I THINK WE COULD DO STUFF LIKE THAT.

THAT WOULD BRING MY COMFORT LEVEL A LITTLE BIT BACK DOWN SOME.

CHAIRMAN ROBERTS IT'S 217 D OF THE GDC.

IT'S A PERTINENT TO THE LAND.

YEAH, IT'S WHAT I THOUGHT.

CHAIRMAN ROBERTS, IF WE ADDED SOME EXTRA LANGUAGE IN THERE, THAT WE DISALLOWED ANY OF LIKE WHAT I'VE MENTIONED IN PRIOR CASES, SOME OF THE ACCOUTERMENTS OF A TRADITIONAL USE CAR FACILITY WHERE YOU CANNOT HAVE THE ELEVATED CAR YOU CANNOT HAVE THE FLAG SIGNS AND ANY OF THE AERIALS, AND WE DISALLOW ALL OF THOSE TYPES OF THINGS AND JUST STRICTLY DICTATE JUST FIVE PARKING SPOTS ARE ALLOWED FOR SELLING CARS.

BUT YOU DON'T HAVE ANY OUTWARD APPEARANCE THAT THERE IS A CAR LOT THERE IN ANY WAY OTHER THAN THE STATE REQUIRED A SINGLE SIGN ON THE BUILDING.

IF THAT BRINGS COMFORT, I'D BE MORE THAN HAPPY TO MAKE A NEW MOTION.

YEAH, THAT WOULD HELP MY COMFORT LEVEL AND MAYBE EVEN REDUCE IT TO FIVE YEARS TO SEE HOW IT GOES. OK, MR. ARNOLD, WOULD THAT BE ACCEPTABLE TO YOU? FIVE YEARS? ABSOLUTELY, GENTLEMEN.

OK, AND THEN WHY DON'T WE TRY THIS AGAIN WITH A MOTION JUST THAT WE AS A FIVE YEAR RATHER THAN A 10 YEAR APPLICATION AND THAT WE DISALLOW ALL OF THE TYPICAL OUTWARD APPEARANCES OF A USED CAR LOT, AND IT'S ALL TIED TO THAT, THAT THOSE FIVE SPACES AND WE'LL LET STAFF WORK OUT THE DETAILS OF THE WORDING.

YES. AND COMMISSIONER ROSE, I THINK YOU WANTED TO ADD SOMETHING.

I DON'T WANT TO ADD. I SEE THE APPLICANT NODDING.

I WOULD RATHER HEAR HIM SAY, YEP, I AGREE WITH THAT BECAUSE VERBALLY THAT WOULD BE RECORDED. HE DID. I JUST DIDN'T WANT TO INTERRUPT YOU, COMMISSIONER.

ABSOLUTELY. I CAN WORK WITH THAT.

AND GENTLEMEN.

AND KIM WE HAVE OUR HOME OFFICE, OUR CORPORATE OFFICE IS GARLAND.

WE HAVE GARLAND, HOUSTON, SAN ANTONIO AND LAREDO.

WE HAVE OVER 80 FULL TIME TRUCK DRIVERS THAT WE WORK WITH THEIR FAMILIES AND THEIR FRIENDS. WE WANT TO OFFER THEM AND THEY HAVE REQUESTED YOU KNOW IF WE COULD HAVE ACCESS TO AUCTION VEHICLES. WE'RE JUST TRYING TO HELP THEM OUT IN THESE TIMES IN PASS.

RIGHT. SO THAT IS A REVENUE WITH AVENUES.

[01:10:07]

IS THIS SOMETHING WHERE YOU BUY THE VEHICLES AND YOU PARK THEM THERE AND THEN YOUR EMPLOYEES CAN KIND OF SHOP THERE AND BUY THEM? WHEN YOU SAY ACCESS TO AUCTION VEHICLES.

WELL SIR EVEN THE FACT THAT IF ONE OF MY DRIVERS SAYS, HEY, I'M LOOKING FOR A 2010, YOU KNOW, F250 WITH ONE HUNDRED THOUSAND MILES, I CAN GO TO AUCTION.

I CAN FIND THAT FOR HIM.

WE CAN WE CAN GET THAT TO HIM AND WE DON'T EVEN HAVE TO PUT IT ON OUR LOT OTHER THAN TO BRING IT IN AND TURN IT OVER TO HIM PER REQUIREMENTS OF TEXAS MOTOR VEHICLES, AS THE COMMISSIONER OF DISTRICT EIGHT SAID EARLIER, HE IS INTERESTED IN THE AUTO SALES AND HE CAN VERIFY THAT FOR ME.

AGAIN WE'RE NOT INTENDING TO USE IT.

AND WE CAN PUT THE FLAG, NO FLAG LANGUAGE IN THERE AND ALL OF THAT.

THAT'S NOT A PROBLEM. OKAY.

THAT'S NOT OUR INTENTION.

MY COMFORT LEVEL IS GETTING MUCH BETTER.

MY CONCERN WAS WE'VE GOT CAR REPAIR SHOPS JUST DOWN THE ROAD FROM YOU.

AND I THOUGHT THEY MIGHT BE LOOKING FOR A PLACE TO PARK, CARS TO SELL.

NO SIR.

THEY PROBABLY WANT OUR BUSINESS.

AND IF I HAVE CARS THAT NEED REPAIRS.

ALL RIGHT. WE HAVE A MOTION BY COMMISSIONER OTT TO APPROVE THE APPLICATION FOR A PERIOD OF FIVE YEARS WITH THE ACCOUTERMENTS OF A TYPICAL AUTOMOBILE DEALERSHIP BEING REMOVED AS A STIPULATION OF A SPECIFIC USE PROVISION.

AND IT LOOKS LIKE COMMISSIONER ROSE IS SECONDING THAT.

ANY DISCUSSION? ALL IN FAVOR.

ALL OPPOSED, SAME SIGN.

THAT PASSES SEVEN TO TWO WITH COMMISSIONERS EDWARDS AND O'HARA IN OPPOSITION.

THANK YOU FOR WORKING WITH US, SIR.

THANK YOU ALL FOR WORKING WITH US AS WELL.

ALL RIGHTY. WELL, WE'VE GOT AND YOU'RE STILL HERE FOR THE NEXT ONE TOO.

CONSIDER THE APPLICATION OF BRANDON ARNOLD SMASHIN GAS MOTORS, REQUESTING APPROVAL OF A

[3e. Consideration of the application of Smashin Gas Motors, requesting approval of a Plan for Automobile Sales, New or Used on a property zoned Industrial (IN) District. This property is located at 1220 North First Street. (District 8) (File Z 20-36 - Plan)]

PLAN FOR AUTOMOBILE SALES, NEW OR USED ON PROPERTIES ZONED INDUSTRIAL DISTRICT.

THIS PROPERTY IS LOCATED AT 1220 NORTH FIRST STREET.

AND AS A RESULT OF OUR PREVIOUS ACTION, THIS PLAN WOULD BE CONSIDERED IN TECHNICAL COMPLIANCE. AM I CORRECT? JUST NOD OF THE HEAD. YEAH.

SO, CHAIR WILL ENTERTAIN A MOTION.

MR. CHAIRMAN, COMMISSIONER ROSE, YOU STUCK YOUR HAND UP FIRST.

NO LET COMMISSIONER OTT GO AHEAD AND DO IT.

YEAH COMMISSIONER OTT GO AHEAD. WELL, MR. CHAIRMAN, THANK YOU. I'D LIKE TO GO AHEAD AND MAKE A MOTION THAT WE ACCEPT THIS AS IT PASSES ALL TECHNICAL REQUIREMENTS.

AND SECOND, BY COMMISSIONER DALTON, I WAS ABOUT TO SAY YOU'RE NOT GOING TO LET IT DIE FOR LACK OF A SECOND.

OUR CITY ATTORNEY WOULD FREAK OUT ON US.

ALL RIGHT. WE HAVE A MOTION BY COMMISSIONER MOTION BY COMMISSIONER OTT COMMOTION, WHATEVER, AND A SECOND BY COMMISSIONER DALTON TO APPROVE THE PLAN.

ALL IN FAVOR. AND ALL OPPOSED.

THAT PASSES EIGHT TO ONE WITH COMMISSIONER O'HARA IN OPPOSITION.

THANK YOU VERY MUCH. GOOD LUCK.

HOPE IT WORKS OUT FOR YOUR EMPLOYEES.

AND NEXT ITEM ON OUR AGENDA IS CONSIDERATION OF THE APPLICATION OF RYAN JOHNSTON

[3f. Consideration of the application of Ryan Johnston, requesting approval of a Variance to Chapter 4, Article 5 of the Garland Development Code regarding setbacks for a monument sign to allow a reduced setback from the property line where five (5) feet is required. This property is located at 1520 Lavon Drive. (District 2) (File SV 20-01) ]

REQUESTING APPROVAL OF A VARIANCE TO CHAPTER FOUR, ARTICLE FIVE OF GARLAND DEVELOPMENT CODE REGARDING SETBACKS FOR A MONUMENT SIGN TO ALLOW A REDUCED SETBACK FROM THE PROPERTY LINE WHERE FIVE FEET IS REQUIRED.

THE PROPERTY IS LOCATED AT 1520 LAVON DRIVE.

THIS IS THE CASE, AS STATED.

CASE INFORMATION PROPERTY LOCATED AT 11520, LAVON DRIVE, THE ACREAGE IS FIVE POINT SIX TWO SEVEN. THIS IS THE LOCATION MAP.

THE PROPERTY IS OUTLINED IN TEAL.

THIS IS LAVON DRIVE.

THESE ARE THE PHOTOS.

THIS IMAGE IS LOOKING AT THE MAIN CAMPUS BUILDING AND THIS ONE IS LOOKING WEST OF LAVON DRIVE. THIS ONE IS LOOKING NORTH ALONG THE SIDE AND LAVON DRIVE.

THIS ONE IS LOOKING WEST ACROSS LAVON DRIVE.

THIS IS THE OVERALL SITE A IS THE SIGN LOCATION PRIOR TO THE SITE RENOVATION,

[01:15:03]

AND B IS THE ORIGINAL PROPOSED SIGN LOCATION AND C IS THE REQUESTED SIGN FOR THIS REQUEST. THE APPLICANT IS REQUESTING TO INSTALL A MONUMENT SIGN ON THE NORTH SIDE OF THE EXISTING DRIVEWAY ALONG LAVON DRIVE, WHICH IS SHOWN HERE.

THE APPLICANT IS REQUESTING THIS DUE TO CAUSE OF HARDSHIP, DUE TO THE VISIBILITY OF THE SIGN FROM THE SIX LANE ROADWAY, AS WELL AS THE ISSUES WITH THE NEWLY INSTALLED LANDSCAPE ISLAND.

A SETBACK REDUCTION TO SIX INCHES WOULD ALLOW THE PROPOSED MONUMENT SIGN WHILE NOT CREATING AN ENCROACHMENT INTO THE DRIVEWAY, NOR OBSTRUCTING THE FIRE LANES.

THIS IS THE ELEVATION THAT THE MONUMENT SIGN THAT THE APPLICANT IS PROPOSING.

THEY ARE MEETING THE MONUMENT SIGN HEIGHT.

AND ALSO THE SIGNS SURFACE AREA.

WHICH IS 27 SQUARE FEET AND THE MAXIMUM FOR THE MONUMENT SIGN IS 50 SQUARE FEET.

SO THE APPLICANT IS MEETING ALL THE REQUIREMENTS FOR THE MONUMENT SIGN, AND THEY'RE JUST REQUESTING FOR THE VARIANCE SET BACK.

STAFF RECOMMENDATION IS APPROVAL OF A VARIANCE TO CHAPTER FOUR, ARTICLE FIVE OF THE GARLAND DEVELOPMENT CODE REGARDING SETBACKS FOR A MONUMENT SIGN TO ALLOW A REDUCED SET BACK FROM THE PROPERTY LINE ALONG LAVON DRIVE WERE FIVE FEET IS REQUIRED AS PER THE GDC.

WE MAILED OUT 82 NOTIFICATION LETTERS.

ONE IS IN FAVOR WITHIN THE NOTIFICATION AREA AND ONE IS IN FAVOR OUTSIDE OF THE NOTIFICATION AREA, THE TOTAL RESPONSES IS TWO AND THAT IS THE END OF MY PRESENTATION.

THANK YOU. ANY QUESTIONS ON THE PRESENTATION? ALREADY TRACY WAS THE APPLICANT ABLE TO MAKE IT IN.

YES, YES, YES, I'M HERE, GENTLEMEN.

YEAH, ANYTHING YOU CAN ADD OR AGAIN, WE WILL NEED YOUR NAME AND ADDRESS FOR THE RECORD, AND YES YOU ARE SIDEWAYS.

SURE. OH, SORRY ABOUT THAT.

THERE WE GO. THAT BETTER? MUCH BETTER. YEAH.

THIS IS RYAN JOHNSTON.

AND ADDRESS IS 1520 LAVON DRIVE IN GARLAND, TEXAS, SEVEN FIVE ZERO FOUR ZERO.

ALL RIGHT. ANYTHING YOU CARE TO ADD TO THE STAFF PRESENTATION? NO IT WAS A GOOD, SUCCINCT PRESENTATION.

CERTAINLY, IF THERE'S QUESTIONS, I'D BE HAPPY TO ANSWER THOSE.

BUT IT WAS WELL STATED WHERE WE HAVE DONE A MAJOR RENOVATION TO OUR FACILITY AND ACTUALLY HAD OUR GRAND OPENING YESTERDAY AT OUR CHURCH AND VERY EXCITED ABOUT THE AESTHETIC IMPROVEMENTS WE'RE MAKING TO THAT AREA OF TOWN AND WANT TO MAKE SURE THAT OUR SIGN IS CONSISTENT WITH THE LOOK OF THE REST OF THE BUILDING.

THE SIGN THAT WE REMOVED FROM JUST IN FRONT OF OUR WORSHIP CENTER WAS A 14, ABOUT 14 AND A HALF FOOT SIGN.

AND THE ONE THAT WE ARE REPLACING THAT WE'RE REQUESTING TO REPLACE IT WITH IS ANOTHER 14 FOOT SIGN, WHICH WE BELIEVE IS THE RIGHT SCALE FOR THE SPACE.

AND IT CERTAINLY FITS WITHIN THE LANDSCAPING PLAN IT DOES NOT ENCROACH UPON RIGHT OF WAY.

AND WE BUMP A SET BACK THERE A FEW INCHES TO MAKE EVERYBODY HAPPY.

AND WE FEEL THAT THIS WILL BE A BEAUTIFUL LOOK FOR THE SPACE AND JUST CONTINUE TO IMPROVE THE LOOK OF THINGS ALONG THAT STRETCH OF 78.

SO WE FEEL GOOD ABOUT IT.

WE'RE HOPING THAT YOU ALL DO AS WELL, BUT CERTAINLY WOULD ENTERTAIN ANY QUESTIONS.

COMMISSIONER ROSE.

DO YOU HAVE INTENTIONS TO ILLUMINATE THIS SIGN? IT WILL BE FRONT LIGHTED.

IT IS A PURE MASONRY SIGN.

AND THEN WE WILL HAVE BASICALLY JUST A WARM FLOOD LAMPS ON EITHER SIDE OF THE SIGN THAT WILL JUST LIGHT IT FROM THE FRONT, CONSISTENT WITH THE SAME LIGHTING THAT LIGHTS THE FRONT OF OUR BUILDING. AND THE LARGE CROSS ON THE FRONT OF OUR STRUCTURE.

WOULD NOT BOTHER THOSE LIGHTS, WILL NOT BOTHER THE TRAFFIC.

ABSOLUTELY NOT. THEY WILL BE FOCUSED FLOODS THAT WOULD JUST HIT THE WIDTH OF THE SIGN.

[01:20:04]

ANY OTHER QUESTIONS.

I DROVE BY THE SITE.

WELL, SOME, YEAH, YESTERDAY, AND IT LOOKS LIKE YOU'VE GOT PLENTY OF PLACES WHERE YOU CAN PUT THAT SIGN AND BE IN COMPLIANCE.

FOR INSTANCE, RIGHT OUT WHERE YOUR CHRISTMAS TREE IS JUST BACK FIVE FEET IS ALL THAT IS WOULD BE PERFECT THERE.

SO IT REALLY DOESN'T SEEM TO BE TRUE HARDSHIP.

AND THAT'S A VERY GOOD POINT, COMMISSIONER.

THERE'S A VERY DISTINCT REASON WHY WE'VE CHOSEN TO PUT IT IN THE MIDDLE, AS YOU ARE PROBABLY AWARE, FROM HAVING DRIVEN THE CAMPUS.

IT'S A LARGE CAMPUS FROM NORTH TO SOUTH.

AND WE IT'S JUST THE ODDITY OF OUR HISTORY IS THAT RATHER THAN EXPANDING ONE BUILDING, WE JUST ADDED BUILDINGS OVER THE COURSE OF OUR FIFTY NINE YEARS IN GARLAND AND THERE WASN'T A GREAT LOGIC TO IT AT THE TIME.

AND SO NOW THAT WE ALSO ARE THE MINISTRY THAT LEADS GARLAND CHRISTIAN ACADEMY, OUR ELEMENTARY SCHOOL MEETS ON THE NORTH END OF OUR CAMPUS, OUR HIGH SCHOOL MEETS ON THE SOUTH END OF THE CAMPUS.

THE CHURCH MEETS ACROSS ALL THE BUILDINGS.

BUT WHAT OFTEN HAPPENS IS IN THE OLD DAYS AND I SAY THE OLD DAYS, I MEAN, THIS IS RIGHT BEFORE THE RENOVATION. WE HAD A GARLAND CHRISTIAN ACADEMY SIGN ON THE NORTH SIDE OF THE CAMPUS IN ONE OF THOSE LARGE OPEN AREAS.

AND THEN ON THE SOUTH SIDE OF THE CAMPUS, IN FRONT OF THE MAIN WORSHIP CENTER, WE HAD THE LAVON DRIVE BAPTIST CHURCH SIGN.

AND WHAT HAPPENED IS THERE WAS A GREAT DEAL OF CONFUSION THAT MANY PEOPLE THINKING THAT GARLAND CHRISTIAN ACADEMY WAS ON THE NORTH SIDE AND THE CHURCH WAS ON THE SOUTH SIDE.

AND WE SHARED A LOT.

WE'RE WANTING TO MAKE IT VERY CLEAR TO THE COMMUNITY THAT WE ARE A SINGLE MINISTRY, THAT GARLAND CHRISTIAN ACADEMY IS A MINISTRY OF LAVON DRIVE BAPTIST CHURCH, AND THAT THIS ENTIRE CAMPUS IS PART OF OUR MINISTRY.

AND SO WE HAVE VERY INTENTIONALLY WANTED TO PUT THE SIGN RIGHT IN THE MIDDLE OF OUR CAMPUS RATHER THAN FAVORING ONE SIDE OVER THE OTHER.

AND SO ITS LOCATION IS VERY STRATEGIC.

WE WANT INSTEAD OF DOING TWO MONUMENT SIGNS, AS WE HAVE HAD IN THE PAST, WE WANT TO DO A SINGLE CENTRALLY LOCATED MONUMENT SIGN WHICH SAYS LAVON DRIVE BAPTIST CHURCH, HOME OF GARLAND CHRISTIAN ACADEMY.

AND SO THERE IS A STRATEGIC REASON WHY WE WANT TO DO THAT.

AND THE OTHER THING, TOO, IS WE DO WANT TO KEEP THE CENTRAL FOCUS IN FRONT OF OUR WORSHIP CENTER ON THE CROSS, WHICH IS OUR PRIMARY VISUAL FOCAL POINT THERE.

THE LANDSCAPING THAT HAS ALREADY BEEN APPROVED AND INSTALLED IN THAT SPACE INCLUDES A NUMBER OF RIVER BIRCH TREES, THE HEIGHT OF WHICH WOULD IMPEDE VISIBILITY OF THAT SIGN UNLESS WE FAR EXCEEDED THE SEVEN FOOT HEIGHT THAT IT'S CURRENTLY PLANNED.

THE LANDSCAPE WILL ACTUALLY, IN FACT, BE CUT SHORTER THAN EVEN WHAT YOU SEE PRESENTLY BECAUSE SINCE THEY WERE JUST PLANTED WE CAN'T REALLY TRIM THEM UNTIL THE SPRING.

THOSE WILL BE SHORTER HEDGES THAT ALLOW US TO HAVE A NICE, MODEST HEIGHT SIGN THAT'S CLEARLY VISIBLE WITHOUT MAKING MAJOR CHANGES TO THE LANDSCAPE AS HAS ALREADY BEEN INSTALLED. CHAIRMAN ROBERTS, I'M LOOKING AT SECTION 5.12A OF GDC, SOME OF THE STATE LAW LANGUAGE REGARDING GRANTING VARIANCES.

IN ITS VARIANCE TYPICALLY IS THAT THE PHYSICAL SURROUNDINGS SHAPE TOPOGRAPHY SOMETHING INHERENT IN THE LAND REQUIRES THE VARIANCE.

FROM WHAT YOU SAID EARLIER, THERE ARE OTHER PLACES THAT THEY COULD PUT THE SIGN.

SO I DON'T KNOW THAT IT MEETS THAT REQUIREMENT.

TO THE EXTENT THAT LANDSCAPING HAS INSTALLED TREES, WHICH MAY BLOCK VISIBILITY.

THE CODE, SPECIFICALLY SAYS THAT IT DOESN'T COUNT IF YOU'RE THE ONE WHO CREATED THE OBSTRUCTION OR CREATED THE PROBLEM.

SO FROM MY POINT OF VIEW, AS THE CITY ATTORNEY, I'M NOT SURE THIS VARIANCE CAN BE GRANTED UNDER OUR CURRENT CODE BECAUSE OF THOSE RESTRICTIONS WE HAVE ON IT.

WELL YOU STOLE MY THUNDER, BECAUSE I WAS GOING TO SAY I'VE BEEN LISTENING TO THE CITY ATTORNEYS AND ACCORDING TO OUR ORDINANCE, IT CAN'T BE SELF IMPOSED AND IT HAS TO BE A PHYSICAL CHARACTERISTIC.

AND COMMISSIONER ROSE.

THE PHYSICAL CHARACTERISTIC GOES BACK TO WHAT MR. JOHNSTON THE LOCATION OF THIS NEW SIGN IS IN THE MIDDLE OF THE ENTIRE PROPERTY.

AND IT'S ADVERTISING, IF YOU WILL, THE ENTIRE PROPERTY, IF YOU MOVE IT TO ONE SIDE OR THE OTHER, YOU MIGHT GET MISCONSTRUED.

I DON'T THINK THAT THAT MATTERS, COMMISSIONER ROSE, BECAUSE ONE THE WAY THEY'VE DEVELOPED

[01:25:01]

THAT PROPERTY HAS BEEN THEIR CHOICE ON HOW TO DEVELOP IT.

IT'S CERTAINLY NOT ANYTHING THAT'S INHERENT TO THE PROPERTY WHEN YOU SEE A VARIANCE IT'S BECAUSE THERE'S A MAJOR DRAINAGE DITCH.

IT'S RUNNING RIGHT ALONG THE BACK OF THE PROPERTY.

AND SO WE CAN'T PUT A FENCE RIGHT ON THE VERY BACK EDGE OF THE PROPERTY BECAUSE IT'D BE DOWN IN THE DRAINAGE DITCH, SOMETHING LIKE THAT THAT PHYSICALLY WOULD BE YOU COULDN'T REALLY DO.

HERE IT MAY HAVE BEEN DEVELOPED THAT WAY, BUT THAT'S BEEN THEIR CHOICE.

AND PER OUR ORDINANCE, YOU CAN'T RELY ON SOMETHING THAT WAS SELF-IMPOSED BY THE APPLICANT OR THE OWNER, WHICH WOULD INCLUDE THE WAY TO DEVELOP IT AS THE REASONING FOR GRANTING THE VARIANCE. SO WHEN AN ARCHITECT IS DESIGNING THE EXPANSION, THEY'VE GOT TO TAKE INTO CONSIDERATION WHERE THE HELL TO PUT THE DAMN SIGN.

I'M SORRY, I DISAGREE WITH YOU.

WE OFTEN DO AS ARCHITECTS.

YEAH. YEAH, RIGHT.

YEAH. COMMISSIONER JENKINS.

THANK YOU. I, TOO, AND I KNOW THAT I AM AN ATTORNEY, SO I'M GOING TO NOW SOUND LIKE THE CITY ATTORNEY. THIS IS ALSO MIRRORED IN SECTION FOUR POINT EIGHT ONE.

IT SOUNDS LIKE THE ECONOMIC OR SELF CREATED HARDSHIP, WHICH IS AN INSUFFICIENT BASIS BY ITSELF TO GRANT THE VARIANCE OR EXCEPTION HERE IS THAT A DECISION WAS MADE EARLY ON TO PROVIDE ADDITIONAL RESOURCES TO THE COMMUNITY, WHETHER THAT BE A SCHOOL, WHETHER THEY BE ADDITIONAL COMPONENTS.

AND THERE WAS NOT SUFFICIENT CONSIDERATION EARLY ON ABOUT SIGNAGE.

NOW, CHAIRMAN ROBERTS, YOU BROUGHT UP A GREAT POINT.

THERE'S STILL LOTS OF OTHER AREAS OUTSIDE OF THE STRATEGIC DECISION MAKING.

I'M CURIOUS TO KNOW IF THERE'S SOMETHING ELSE BESIDES A STRATEGIC DECISION MAKING THAT WE CAN CONSIDER. IS THERE ANY OTHER MAYBE THE SIGN HAS TO BE THERE BECAUSE, WELL, JUST ANYTHING ELSE.

YEAH, AS THE COMMISSION KNOWS, I'M USUALLY ONE OF THE MOST LENIENT ON VARIANCES AND EVERYTHING. AND IT'S BEEN DRILLED IN US THE PAST ABOUT FIVE YEARS THAT A PHYSICAL HARDSHIP AND NOT A FINANCIAL HARDSHIP IS REQUIRED.

AND NO OTHER WAY TO ACTUALLY COMPLY IS KIND OF REQUIRED AND NOT SELF-IMPOSED, EVEN IN THE STAFF REPORT, IT SAYS THERE WAS ANOTHER AREA WHERE THEY COULD PUT IT BUT THEN LANDSCAPING THAT THEY JUST PUT IN, ELIMINATED THAT.

SO LANDSCAPING COULD BE CHANGED FOR THAT IN ORDER TO PUT IT IN ANOTHER AREA.

SO THERE ARE TOO MANY ALTERNATIVES FOR COMPLIANCE, I THINK, TO VARY IT IN THIS INSTANCE.

BUT THAT'S, AGAIN, MY OPINION FROM HAVING BEEN HERE A LITTLE BIT.

BUT AGAIN, WE USED TO GIVE OUT VARIANCE, ESPECIALLY FOR SIGNAGE, BECAUSE THAT WAS MORE FOR THE YOU KNOW, BENEFIT OF THE COMPANY AND COMMISSIONER ROSE.

AND YOU'RE MUTED, WHICH MAY OR MAY NOT BE A GOOD THING, RIGHT? EXACTLY. IF THAT'S THE CASE, WHY IS THE STAFF MOVING FOR APPROVAL? WELL, LIKE I SAID, WE DON'T ALWAYS PAY ATTENTION TO STAFF'S RECOMMENDATION, AND THAT IS NOT PART OF OUR CONSIDERATION RIGHT HERE.

BUT THE STAFF SHOULD KNOW ALL THESE OTHER REQUIREMENTS, AND AS A RESULT, THEY SHOULD HAVE MOVED FOR DENIALS. MR. ROSE. AGAIN, THAT'S NOT PART OF THE CONSIDERATION HERE.

WE CAN ASK STAFF ABOUT THAT ANOTHER TIME.

COMMISSIONER JENKINS, OUR OUR VOTING REQUIREMENTS, EXCUSE ME, CHANGED IN CONSIDERATION OF THIS PARTICULAR ITEM.

SO USUALLY WE KNOW IT'S JUST A MAJORITY WE'RE OK.

YEAH, IT'S A SIMPLE MAJORITY.

THE ORDINANCE IS POINTING OUT THAT IT'S GOT TO BE THREE FOURTHS MAJORITY HERE.

FOR A VARIANCE. UNDER FOUR POINT EIGHT ONE, A.

IS THAT FOR COUNCIL OR IS THAT FOR THE COMMISSION.

PLAN COMMISSION. OK.

OBVIOUSLY, I HAVEN'T READ THAT SECTION IN A WHILE, THANK YOU, I APPRECIATE THAT.

AND I'M LOOKING FOR CONFIRMATION ON THAT HERE.

OK, IT'S CONFIRMED, SO THAT WOULD BE A THREE FOURTHS MAJORITY, WHICH WOULD TAKE SEVEN OF US. SO THE QUESTION IS WE CAN APPROVE THIS WITH A THREE QUARTER MAJORITY. YES, YOU'RE SAYING WE CAN APPROVE THIS IF WE HAVE A 3 QUARTER MAJORITY?

[01:30:03]

YEAH, IT WOULD STILL GO TO COUNCIL.

I DON'T THINK WE'RE THE FINAL WORD ON VARIANCES, ARE WE? NO, WELL, IF IT'S APPROVED, YOU ARE.

THE PLANNING COMMISSION DOES HAVE APPROVAL I KNOW THERE ARE SOME VARIANCES.

THIS WOULD BE ONE OF THEM WHERE WE WOULD BE THE FINAL AUTHORITY ON THIS ONE.

IT WOULD NOT GO TO COUNCIL IF IT'S APPROVED.

IF IT'S DENIED, THEY CAN APPEAL TO COUNCIL.

RIGHT. COMMISSIONER ROSE? IF THERE'S NO OTHER DISCUSSION, I MOVE FOR APPROVAL.

OK, WE HAVE MOTION TO APPROVE.

WHERE DID I HEAR THE SECOND FROM? COMMISSIONER DALTON. A MOTION TO APPROVE THE VARIANCE AND BY COMMISSIONER ROSE AND THE SECOND BY COMMISSIONER DALTON.

ANY DISCUSSION ON THE MOTION? ALL IN FAVOR, WE HAVE COMMISSIONERS ROSE, DALTON OTT AND O'HARA FOUR.

ALL OPPOSED. COMMISSIONERS ROBERTS, EDWARDS, JENKINS, WELBORN AND WILLIAMS IN OPPOSITION, IT FAILS TO MEET THE THREE QUARTERS MAJORITY REQUIRED FOR APPROVAL.

ALL RIGHT, AND SO, AGAIN, AS YOU'VE HEARD, YOU CAN APPEAL THIS DIRECTLY TO COUNCIL.

SO WILL THAT PROCESS BE SENT VIA EMAIL? IS THERE A WAY FOR ME TO MAKE SURE I UNDERSTAND HOW THAT WORKS SO WE CAN MOVE FORWARD WITH THAT. STAFF WE'LL GET WITH YOU ON THAT.

GREAT. ON HOW THAT WORKS.

APPRECIATE YOUR TIME, GENTLEMEN.

YEAH, THANK YOU. YOU KIND OF GOT CAUGHT UP IN THE TECHNICALITIES OF LAW HERE.

SO WE WILL CONTINUE TO SERVE OUR COMMUNITY AND DO OUR BEST.

I'M DISAPPOINTED THAT WE COULDN'T MAKE IT HAPPEN.

I USED TO LIVE OVER IN SHOREHAVEN.

WOW, THAT'S GREAT. I'VE BEEN WATCHING YOU ALL FOR YEARS.

THANK YOU. THANK YOU.

ALRIGHTY. OK, NEXT ITEM IS MISCELLANEOUS ITEM.

[4a. Consider the rescheduling and cancellation of certain 2021 Plan Commission meeting dates. ]

CONSIDER THE RESCHEDULING AND CANCELATION OF CERTAIN 2021 PLANNED COMMISSION MEETINGS.

MR. GUERIN I THINK WE ARE RESCHEDULING TWO IN AUGUST AND CANCELING THE DECEMBER TWENTY SEVENTH IS BEING PROPOSED AND THIS IS BEING RESCHEDULED BECAUSE COUNCIL DECIDED TO RESCHEDULE THEIRS AND HAVING TO WORK WITH A 30 DAY SHOT CLOCK, RIGHT? CORRECT, YES SIR.

I THINK I JUST DID YOUR PRESENTATION FOR YOU.

YOU NAILED IT.

DO I HEAR A MOTION TO APPROVE THE CHANGES IN OUR SCHEDULE? MR. CHAIR. WELL, I SAW COMMISSIONER OTT'S HAND GO UP AND THEN GO AHEAD.SPOKE UP. OTT CAME FIRST? ALL RIGHT. WELL, I'D LIKE TO MAKE A MOTION THAT WE APPROVE THIS AND THAT WE NEED TO MAKE THE CHANGES AS PRESENTED.

AND A SECOND BY COMMISSIONER EDWARDS.

MOTION TO CHANGE THE 2021 PLANNED COMMISSION CALENDAR TO APPROVE BY COMMISSIONER OTT AND SECOND BY COMMISSIONER EDWARDS, ALL IN FAVOR.

ALL OPPOSED, SAME SIGN.

THAT PASSES EIGHT TO ONE WITH COMMISSIONER ROSE IN OPPOSITION.

THAT IS THE END OF OUR AGENDA, BUT UNTIL I LET EVERYBODY GO, I'D LIKE TO, YOU KNOW, JUST WISH EVERYBODY OUT THERE, WHOEVER HAPPENS TO WATCH US AND RERUNNING WHICH EACH OF YOU COMMISSIONERS AND CITY STAFF AND EVERYBODY ON BEHALF OF THE COMMISSION, A VERY MERRY CHRISTMAS, HAPPY HANUKKAH.

AND DEFINITELY A SAFE AND HEALTHY.

ABSOLUTELY SAFE.

AND WE WILL SEE YOU FOLKS NEXT YEAR AT ON JANUARY 11TH.

ON THE CAR DEALERSHIP.

YES SIR. I VOTED FOR IT.

OK, TRACY, IF YOU'LL CATCH THAT FOR ME.

THANK YOU. I'LL CORRECT THAT.

ALL RIGHT. OK, WELL, UNTIL OUR MEETING OF JANUARY 11TH, WE ARE ADJOURNED.

THANK YOU, COMMISSIONERS. APPRECIATE YOU ALL.

REALLY DO. YOU'RE WELCOME.

* This transcript was compiled from uncorrected Closed Captioning.