* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [Plan Commission Pre Meeting] [00:00:07] GOOD EVENING AND WELCOME TO THE MAIN NINTH MEETING OF THE GROUND PLAN COMMISSION. THIS PORTION OF OUR MEETING IS OUR WORK SESSION PORTION, WHERE OUR WONDERFUL STAFF BRIEFS US ON ALL THE CASES AND WE DO BACK AND FORTH. AND ONCE WE'RE THROUGH WITH THIS, WE WILL RECESS UNTIL OUR SEVEN O'CLOCK PUBLIC HEARING PORTION OF THE MEETING. ALL RIGHTY, GO AHEAD. GOOD EVENING. GOOD EVENING. OKAY. FIRST I'D LIKE TO GO OVER THE CONSENT AGENDA. IF THERE'S ANY QUESTIONS ON THAT YOU TRYING TO CLICK IN THERE? COMMISSIONER ROSE. OH, OKAY. OH, ALL RIGHT. WELL, I JUST TURNED IT ON IT'S OFF NOW. OKAY. I THINK WE'RE OKAY. WE'RE JUST PLAYING WITH BUTTONS UP HERE RIGHT NOW. IT APPEARS NEXT ITEM ON THE AGENDA IS Z 2203. THE APPLICANT PROPOSES TO CONSTRUCT AN APARTMENT COMPLEX WITH 298 DWELLING UNITS. AND THIS IS FOR A PLANNED DEVELOPMENT AMENDMENT AND A DETAILED PLAN FOR MULTI-FAMILY USE ON A PROPERTY ZONE PD ZERO THREE DASH 53. HERE'S THE CASE INFORMATION AND THE ACREAGE IS, UM, 10.25 ACRES. HERE'S THE CITYWIDE LOCATION MAP AND THE RED STAR SHOWS THE APPROXIMATE LOCATION OF THE SUBJECT PROPERTY, AND IT IS NEAR THE FIRE REAL TOWN CENTER AREA. AND THIS IS THE LOCATION MAP. THE SUBJECT PROPERTY IS OUTLINED IN THIS TEAL BLUE COLOR AND THE PROPERTIES TO THE NORTH AND THE EAST ARE ALL ZONE PD, ZERO THREE DASH 53, AND IT'S CURRENTLY VACANT. AND THEN THE PROPERTY TO THE WEST ZONE PLAN DEVELOPMENT, 18 DASH 33. AND THERE IS AN ACTIVE, UH, ZONING APPLICATION THAT WAS SUBMITTED FOR MULTI-FAMILY DEVELOPMENT. I THINK THAT WOULD BE THE CONTINUATION OF THE DEVELOPMENTS FROM THE NORTH THEN. WELL, MAYBE NOT THE SAME APPLICANT, BUT THERE'S MULTI-FAMILY TO THE NORTH, TO THE WEST. THERE IS THE MULTIFAMILY TO THE NORTHWEST. THANK YOU. THE FEATURE LAND USE MAP OF THE ENVISION GARLAND PLAN DESIGNATES THIS PROPERTY AS REGIONAL CENTERS AND THIS PROPOSED USE IS COMPATIBLE WITH THE COMPREHENSIVE PLAN AND SUPPORTS THE FIREWALL TOWN CENTER. HERE ARE SOME OF THE SITE PHOTOS. THE TOP LEFT IS VIEW OF THE SUBJECT PROPERTY. AND THEN THE TOP RIGHT IS WEST OF THE SUBJECT PROPERTY. AND THE BOTTOM LEFT IS SOUTH OF THE SUBJECT PROPERTY AND THAT'S ACROSS, UM, NORTH GEORGE BUSH. AND THOSE ARE THE RESIDENTIAL PROPERTIES AND BOTTOM RIGHT, IS EAST OF THE SUBJECT PROPERTY. AND THIS IS THE PROPOSED SITE PLAN, WHICH SHOWS TWO BUILDINGS. AND THEY'RE PROPOSING A TOTAL OF 298 DWELLING UNITS. AND YOU CAN SEE SOME OF THE AMENITIES THAT ARE HERE. THIS IS THE CLUBHOUSE THAT THEY'RE PROVIDING. UM, THIS IS THE SWIMMING POOL AREA. AND OVER HERE, UM, TO THE NORTH IS THE PROPOSED DOG PARK. AND THEY ARE PROPOSING SOME POCKET PARKS, UM, THROUGHOUT THE DEVELOPMENT. AND SO THEY ARE COMPLYING WITH ALL THE AMENITIES THAT ARE REQUIRED. AND, UM, SO AS YOU CAN SEE, THIS PROPERTY DOES NOT HAVE DIRECT ACCESS. UM, SO THEY, THIS DEVELOPER IS, UH, IN COORDINATION WITH THE DEVELOPER TO THE WEST, UH, TO PROVIDE ACCESS, WHICH WILL EVENTUALLY CONNECT TO FIREWALL PARKWAY. SO WHERE YOU SEE THIS CULDESAC RIGHT HERE, THIS IS ONE POINT OF ACCESS. AND THEN, UH, TO THE SOUTH OVER HERE, THIS IS ANOTHER POINT OF ACCESS. AND THE SITE PLAN DOES COMPLY WITH THE, UM, NUMBER OF PARKING SPACES THAT ARE REQUIRED PER THE GDC. UM, HOWEVER, THE APPLICANT IS REQUESTING A DEVIATION FOR COVERED PARKING SPACES, AND I'LL GO OVER THAT AND DEVIATION JUST A MOMENT. AND THIS IS THE PROPOSED LANDSCAPE PLAN. IT DOES COMPLY WITH THE APPLICABLE SCREENING AND LANDSCAPING STANDARDS PER THE GDC. UM, ALTHOUGH SCREENING IS NOT REQUIRED, THE APPLICANT PROPOSES A SIX FOOT ORNAMENTAL FENCE ALONG THE EASTERN AND WESTERN PERIMETER LINE. AND, UM, CONNECTIVITY IS ALSO IMPORTANT, UH, WITHIN THE FIREWALL PD. SO THE APPLICANT IS ACTUALLY DEDICATING AN EASEMENT FOR A FUTURE TRAIL CONNECTION. UM, THIS WILL BE TO THE CITY. THAT ALIGNMENT IS UNKNOWN AT THIS TIME. THIS IS THE BUILDING ELEVATION FOR BUILDING ONE, AND IT DOES COMPLY WITH THE BUILDING DESIGN [00:05:01] STANDARDS, WHICH ARE THE ARTICULATION AND THE ARCHITECTURAL, UM, ARCHITECTURAL ELEMENTS FOR THIS. UM, THE APPLICANT IS REQUESTING A DEVIATION ON THE BUILDING HEIGHT, WHICH I'LL GO OVER IN JUST A MOMENT. THIS IS ALSO PART OF BUILDING ONE, AND THIS IS THE TRASH ENCLOSURE AND THE CARPORT DESIGN. SO THIS BUILDING TO HERE'S A SUMMARY OF THE DEVIATIONS REQUESTED THE FIRST ONE IS FOR COVERED PARKING AND THE GDC REQUIRES A MINIMUM OF 50% OF THOSE PARKING SPACES TO BE COVERED. AND PER THAT CALCULATION, THE SITE NEEDS 246 COVERED SPACES. AND THE SITE PLAN SHOWS 125 SPACES. AND THE APPLICANT CONTENDS FROM THE PREVIOUS MULTI-FAMILY DEVELOPMENTS. THE DEVELOPER HAS DEVELOPED A WHEN COVERED PARKING IS MORE THAN 25% OF THE AVAILABLE PARKING SPACES. THE ADDITIONAL SPACES ARE NOT LEASED BY THE RESIDENTS. AND THE SECOND DEVIATION IS FOR THE BUILDING HEIGHT. THE MAXIMUM HEIGHT ALLOWED IS 40 FEET AND THE APPLICANT PROPOSED 65 FEET. AND THIS ADDITIONAL HEIGHT IS NEEDED TO ACCOMMODATE FIVE STORIES. THE BUILDINGS HAVE A FOUR AND FIVE LEVEL SPLIT TO ADAPT THE SIGNIFICANT TYPOGRAPHICAL CHANGES, AND IT SHOULD BE NOTED THAT ALL FIVE STORY ELEVATIONS WILL BE FACING THE INTERIOR OF THE BUILDING. AND THE LAST DEVIATION IS FOR THE DENSITY. THE MAXIMUM ALLOWED IS 18 DWELLING UNITS BREAKER, AND THE APPLICANT PROPOSES 29.08, A UNITS PER ACRE. AND THESE ARE SIGNIFICANT. UH, THERE ARE SIGNIFICANT SITE CHALLENGES, WHICH INCLUDES IRREGULAR SHAPE, PARCEL BLOOD PLAN AND TOPOGRAPHICAL CHANGES. IN ADDITION, THE DENSITY MAY SUPPORT THE NEARBY FIRE WHEEL TOWN CENTER. STAFF RECOMMENDS APPROVAL OF THE AMENDMENTS OF PDC OR THREE DASH 53 APPROVAL OF THE DETAILED PLAN FOR MULTI-FAMILY DEVELOPMENT. HOWEVER, STAFF RECOMMENDS ADDITIONAL COVERED PARKING SPACES TO BE PROVIDED. AN ALTERNATIVE COULD BE ADDITIONAL LARGE CANOPY TREES PLANTED WITHIN THE PARKING AREAS TO PROVIDE MORE SHADE. AND WE DID MAIL OUT NOTIFICATION LETTERS. UH, 17 LETTERS WERE MAILED OUT AND ONE WAS WITHIN A NOTIFICATION AREA AND AGAINST THE REQUEST AND WE RECEIVED ONLY ONE RESPONSE. AND I'D BE HAPPY TO ANSWER ANY QUESTIONS, COMMISSIONER ROSE. DOES THE APPLICANT GET A CHANCE TO SEE THESE, UH, RESPONSES WHETHER THEY PEOPLE APPROVE OR NOT? YES. OKAY. SO THEN I WAS IMPRESSED WITH, WITH WHAT THIS ONE PERSON WROTE, AND I WOULD LIKE TO HEAR THE APPLICANT'S RESPONSE TO THAT NOTE, AND IF THEY GOT IT, THEN THEY CAN TALK ABOUT IT. THANK YOU. ANY OTHER QUESTIONS? UH, COMMISSIONER DALTON, THEN COMMISSIONER PARIS. THERE IS SEVERAL COMMENTS IN THE CITIZEN. I SHOULDN'T SAY THERE'S SEVERAL REFERENCES IN THE CITIZEN COMMENTS ABOUT BEING WETLANDS AND OTHER POSSIBLE RESTRICTED USES OF THE PROPERTY ADJACENT TO THIS, OR IF NOT EVEN THIS PROPERTY ITSELF, IS THERE SOME RESTRICTIONS SURROUNDING THIS PROPERTY? UH, NOT THAT I'M AWARE OF THIS SUBJECT POVERTY ITSELF IS NOT WITHIN ANY WET, A WETLAND OR ANY FLOOD PLAIN. UM, AND THAT'S SOMETHING THAT WE HAVE DISCUSSED WITH THE ENGINEERING DEPARTMENT OR ADJACENT TO ANY FLOOD POINT. UM, IT IS ADJACENT TO FLOOD, BUT IT WILL NOT. THIS IMPROVEMENT WILL NOT IMPACT THE ADJACENT PROPERTY. OKAY, THANK YOU. IT'D PROBABLY BE OKAY. UH, I ASKED THE SAME QUESTIONS AND GOT A RESPONSE FROM ENGINEERING. LET ME GO AHEAD AND JUST READ THE RESPONSE I GOT. CAUSE I'LL PROBABLY BE TELLING IT TO THE PUBLIC, TO, UH, PART OF THE SITE WILL DRAIN TO THE EXISTING WATER QUALITY POND MAINTAINED BY THE CITY NORTHWEST OF THE SITE. WE WILL ENSURE THAT THE PROPOSED FLOW DOES NOT EXCEED THE PROGRAM CAPACITY OF THE POND PER THE ORIGINAL AS-BUILTS. ANY ADDITIONAL STORM WATER FLOW FROM THE SITE WILL HAVE TO BE HANDLED BY THE DEVELOPER AND PIPED TO THE NORTH OR NORTHEAST OR EAST TO TIE INTO THE OLD ROLE AT CREEK, UH, CHANNEL OR NATURAL DRAW WHERE THE PIPE CAN DISCHARGED WITHIN TWO VERTICAL FEET OF ANY EXISTING FLOW LINE. THE ALIGNMENT WILL HAVE TO DETERMINE AT THE TIME OF CONSTRUCTION, IF THE PIPE GOES THROUGH ANY WETLANDS, IT WILL BE SUBJECT TO ANY APPLICABLE ARMY CORPS OF ENGINEER REGULATIONS AND PERMITTING. THE DOWNSTREAM SYSTEM [00:10:01] IS FULLY, UH, IS WITHIN THE FULLY DEVELOPED FLOOD PLAIN AREA OF RELIC CREEK. SO CAPACITY IS NOT A CONCERN. SO IN WHAT I GET OUT OF THAT INSTEAD OF THE WATER SHEDDING OFF INTO THE WETLANDS AND TOTALLY AFFECTING THAT IT WILL BE PIPED DIRECTLY TO THE CREEK AREA AND, UH, DROPPED DOWN INTO IT THERE. YEAH. I ASKED THE SAME QUESTION EARLIER, REMEMBER ALREADY COMMISSIONER PARIS AND COMMISSIONER ROSE. MORE OF MY QUESTIONS ARE AROUND THE DEVIATIONS AND A BIT OF JUST A SLIGHT CONCERN OF WHY WE'RE DEVIATING. SO I DID, I APPRECIATE THE SUMMARY TABLE AND ALSO SAW IT WITHIN, UM, THE PREREAD AS WELL. AND JUST TRYING TO UNDERSTAND FROM MY PERSPECTIVE OF THESE IMPACTS OF THESE DEVIATIONS, THERE ARE SOME, IT LOOKED LIKE IN THE TABLE AND IF YOU DON'T MIND PULLING UP ONE MORE TIME THE TABLE, THERE WERE SOME CONSIDERATIONS FOR THE DEVIATION THAT WHAT I'M UNCLEAR OF IS IF THEY COMPLY WITH WHAT WE ARE FEELING COMFORTABLE WITH, UM, THE, UM, JUST REALLY CONCERNED ABOUT THE IMPACT THE DDC HAS THESE REQUIREMENTS FOR A REASON, WE WANT TO MAKE SURE WE'RE WITHIN REGULATIONS. AND, UM, SO FOR THE PARKING, I THINK I UNDERSTAND THE REASON OF THE DEVIATION AND IF, IF WE ARE COMFORTABLE WITH IT, BUT THEN ALSO THE BUILDING HEIGHT AND DENSITY, UH, NOT REALLY CLEAR ON THE IMPACT IF WE GO WITH THE DEVIATION. SO I JUST WANTED TO, AND LEARN A LITTLE BIT MORE ABOUT THE DEVIATION AND THEN THE REASON, AND IF IN THE IMPACT OF THAT REASON, IF WE GO WITH THAT REASON. SO MAYBE IT'S HEARING FROM THE APPLICANT, BUT THEN ALSO YOUR PERSPECTIVE AS WELL. AND MY APOLOGIES FOR NOT SENDING THIS QUESTION AHEAD OF TIME. THAT'S A GREAT QUESTION. UM, SO BUILDING HEIGHT AND DENSITY, THERE ARE PRETTY COMMON DEVIATIONS FOR THE MULTI-FAMILY DEVELOPMENT FOR THE NEWER MULTI-FAMILY DEVELOPMENT. UM, THE MORE RECENT APARTMENT, UM, IN THIS ONE INCLUDED AS, UM, HIGHER DENSITY. SO THEY'RE TRYING TO, UM, INCORPORATE ADDITIONAL UNITS. AND ALSO BECAUSE THERE ARE SIGNIFICANT SITE CHALLENGES IN THIS CASE, THERE IS, UM, FLOOD PLAIN. UM, AND SO THAT RESTRICT CERTAIN UNITS IN CERTAIN AREAS. SO THAT'S WHY THEY ARE ASKING FOR HIGHER DENSITY, UM, FOR THIS SITE. AND THEN ALSO FOR THE 65 FEET, UM, THEY'RE, UM, REQUESTING FIVE STORIES. SO THAT WOULD AUTOMATICALLY INCLUDE, INCREASE THE HEIGHT, UM, FOR THIS, UM, BUILDING PROPOSING. I APPRECIATE THAT. SO IT SOUNDS LIKE THE RESTRICTIONS ARE PROHIBITING BEING ABLE TO MEET THE GDD DDC STANDARDS. SO THAT'S A SUMMARY OF WHAT YOU'RE COMMUNICATING. OKAY. AS SOMEONE WHO'S INVOLVED IN SOME OF THE WRITING OF THAT, BACK IN 2015, WE WERE JUST TRANSITIONING OUT OF WHAT WE USED TO CALL GARDEN STYLE APARTMENTS INTO THE MORE URBAN STYLE APARTMENTS. IT WAS BRIEFLY DISCUSSED ABOUT RAISING THE 18 PER ACRE, BUT WE FIGURED IT AND PRETTY MUCH EVERYTHING SINCE THEN HAS BEEN A DEVIATION REQUEST TO GO TO THE MORE HIGH RISE, URBAN STYLE APARTMENTS. SO YEAH, WE'RE GOING TO SEE THAT PROBABLY FOR THE NEAR FUTURE, BUT I APPRECIATE THAT CHAIRMAN ROBERTS, THAT WAS MY OTHER THOUGHT WAS I'M PART OF THE PROBLEM, IS THAT WHERE WE ARE TODAY, CURRENT VERSUS WHERE WE WERE WHEN THE GDC WAS WRITTEN, IS THAT YES, WE'RE GOING TO SEE A LITTLE BIT MORE OF THIS. OKAY. THANK YOU, MARK. IT'S TOTALLY CHANGED. YEAH. ALL RIGHT. THANK YOU. YOU'RE WELCOME. AND THEN COMMISSIONER ROSE, OOP, THERE YOU GO. YOU LET HER, YOU READ A LETTER FROM THE ENGINEERING DEPARTMENT WITH RESPECT TO THE DRAINAGE AND SO FORTH. YES. IT WAS AN EMAIL RESPONSE TO QUESTIONS. DID THE APPLICANT RECEIVE THAT SAME LETTER? SO THEY'RE AWARE OF IT. IT CAME LATE TODAY. SO I WOULD ASSUME THAT I WOULD INSIST THAT WE MAKE THAT LETTER PART OF THIS. UH, WELL, I HAD A SITUATION, I ASSUME WE'LL GET SOMEBODY QUESTIONING THAT AND I CAN, AND IT'S AUTOMATICALLY PART OF THE RECORD, CAUSE I'VE READ IT IN JUST NOW, RIGHT? YEAH. BUT YES, SIR. IT WAS AN EMAIL RESPONSE, NOT A FORMAL LETTER THAT I SAID, MR. CHAIRMAN, UM, THAT, UH, THAT I WAS ABLE TO COORDINATE WITH ENGINEERING TO GET HIM, UH, AN ACCURATE, UH, RESPONSE, UM, VERSUS ME JUST KIND OF TRYING TO PARAPHRASE IT, BUT ALSO THE DEVELOPER, THE APPLICANTS, UM, DESIGN TEAM, INCLUDING THE CIVIL ENGINEER. MY UNDERSTANDING IS AS THERE'LL BE HERE THIS EVENING AS WELL. SO THEY SHOULD KNOW THIS, UM, THIS STUFF BY, UM, COMMUNICATING WITH ENGINEERING DEPARTMENT DURING THIS REVIEW PROCESS. OKAY. I CAN DO THAT. THE ONLY QUESTION I'LL HAVE, AND IT'S MORE OF AN OFFSITE IS THAT I KNOW TRAFFIC HAS LOOKED AT THIS, BUT WE SEE IT'S GOING TO GO THROUGH ANOTHER APARTMENT COMPLEX, WHICH I'LL ASSUME WILL BE ANOTHER 300 OR SO UNITS. [00:15:01] AND THEN WE HAVE ANOTHER 250 TO 300. SO WE'RE LOOKING AT CLOSE TO A THOUSAND UNITS, UH, CHANNELING OUT TOO FAR WHEEL PARKWAY. I THINK IT IS. YEAH. AND A LOT OF THEM ARE GOING DOWN THAT ONE DRIVEWAY. AND HAS THAT BEEN COORDINATED AND LOOKED AT BY TRAFFIC IN TERMS OF THE DEVELOPMENT? YES. OKAY. JUST WANT TO MAKE SURE. THANK YOU. I IMAGINE THERE'LL BE SOME SIGNALIZATION OUT THERE. UH, I THINK THAT'S CURRENTLY BEING WORKED OUT. OKAY, GOOD. THANK YOU. I THINK THAT'S IT. AND THAT WAS EASY ONE, HUH? ALL RIGHT. GOOD EVENING. OH, HERE'S A CONTROVERSIAL ONE. OKAY. THIS IS CASE NUMBER Z 2213. A GARLAND FIRE STATION HAS BEING PROPOSED ON THIS SUBJECT PROPERTY. THIS IS THE CASE INFORMATION. THE PROJECT IS LOCATED AT 64 15 NORTH PRESIDENT GEORGE BUSH TURNPIKE. AND THE PROPERTY IS ZONE PLANNED DEVELOPMENT DISTRICT 2017. THIS IS THE CITYWIDE LOCATION MAP. THE STAR REPRESENTS THE GENERAL AREA OF THE PROJECT, AND THIS IS THE S H ONE 90 CAMPBELL ROAD MIXED U CENTER. THIS IS FOR THE, UM, PLAN DEVELOPMENT 2017. AND THE SITE IS LOCATED RIGHT HERE AND WITHIN THIS ON PLAN DEVELOPMENT, A GROUND FLOOR COMMERCIAL IS REQUIRED FOR THE SITE AND THE APPLICANT IS REQUESTING FOR A DEVIATION DUE TO THE USE THAT THEY ARE PROPOSING. THIS IS THE LOCATION MAP. THE PROPERTY IS OUTLINED UNTIL, AND THIS IS THE REMAINING PORTION OF THE PLAN DEVELOPMENT, 2017. THIS LOCATION RIGHT HERE. UM, A SELF STORAGE FACILITY WAS RECENTLY, UM, BROUGHT TO PLANNING COMMISSION LAST MONTH AND WAS APPROVED. UM, THE PD 10 0 8 IS A SCHOOL AND THE PDA 0 1 23 IS DEVELOPED WITH A FAMILY DENTIST. THEN ALSO A URGENT CARE. AND THEN ACROSS THE HIGHWAY IS A PD 1543, WHICH IS DEVELOPED WITH MULTI-FAMILY BE COMPREHENSIVE PLAN AND BUSINESS. AND THE PROPOSED FIRE STATION SUPPORTS THE AREA, UM, FOR EMERGENCY SERVICES. THESE ARE THE PHOTOS OF THE AREA. THIS IS THE SUBJECT SITE, AND THIS IS THE MULTI-FAMILY ACROSS THE HIGHWAY. THIS IS THE FAMILY DID IS IN URGENT CARE, ALONG WITH THE SCHOOL TO THE REAR OF THE PROPERTY. THIS IS THE SITE PLAN THAT THE APPLICANT HAS BROUGHT FORWARD. UM, THEY ARE PROPOSING TWO STRUCTURES ON THIS SITE. UM, THIS STRUCTURE RIGHT HERE IS THE, UM, FIRE STATION, WHICH IS TWO FLOORS. AND THEN THIS SMALL STRUCTURE IS THE FITNESS CENTER FOR THE FIREFIGHTERS. UM, THE SITE IS MEETING THE PARKING REQUIREMENTS AS PER THE GARLAND DEVELOPMENT CODE. AND THIS IS THE LANDSCAPE PLAN THAT THE APPLICANT IS BRINGING FORWARD. THE APPLICANT IS REQUESTING FOR A DEVIATION AND REGARDS TO THE LANDSCAPE BUFFER ALONG THE RIGHT OF WAY. IT IS REQUIRED TO HAVE AT LEAST 91 SHRUBS ALONG THE RIGHT OF WAY. UM, SINCE, UM, AS PER THE GDC, YES, REQUIRED TO HAVE SEVEN SHRUBS FOR EVERY 30 FEET. AND THE APPLICANT IS PROPOSING 33 SHRUBS, WHICH ARE LOCATED HERE AND THEY'RE LOCATED RIGHT HERE AND THE APPLICANT INSTEAD OF PROPOSING SMALLER SHRUBS, THE APPLICANT IS PROPOSING LARGER SHRUBS, UM, WITHIN THIS AREA AND WITHIN THE CENTER PART OF A SITE, THERE IS A MONUMENT SIGN THAT WOULD, UM, BLOCK. UM, THEY WILL BE THE S UM, THE STUBS WILL BLOCK THE SIGNAGE. SO THAT'S WHY THE APPLICANT IS PROPOSING. UM, NOT TO HAVE THE SHRUBS ALONG THE RIGHT OF WAY RIGHT HERE. OVERALL, THE APPLICANT IS MEETING THE LANDSCAPING REQUIREMENTS AS PER THE GARLAND DEVELOPMENT CODE. THESE ARE THE BUILDING ELEVATIONS WAS THE SOUTH AND EAST [00:20:01] ELEVATION, THE NORTH AND EAST ELEVATION. AND THEN THIS IS THE ELEVATION FOR THE FITNESS CENTER. AND THE BUILDING ELEVATION IS OUR MEETING, THE GDC REQUIREMENTS. THESE ARE THE SUMMARY OF THE DEVIATIONS. AS I MENTIONED EARLIER, IN REGARDS TO THE FRONTAGE GROUND FLOOR, COMMERCIAL USES IS REQUIRED WITHIN 30 FEET OF THE RIGHT OF WAY. AND BE APPLICANT IS PROPOSING TO ELIMINATE, UM, THIS, UM, GROUND FLOOR COMMERCIAL USE. AND THEN THE LANDSCAPE BUFFER. THE APPLICANT IS PROPOSING 30 SHRUBS INSTEAD OF 91 SHRUBS, THE APPLICANT REQUESTS TO AMEND THE EXISTING PLAN DEVELOPMENT, UH, FOR THE FIRE STATION. THE FIRE STATION IS ALLOWED BY RIGHT AS PER THE PD. HOWEVER, A DETAILED PLAN IS REQUIRED AND THEY ARE REQUESTING TO AMEND, UM, V SORRY. UM, THEY ARE PROPOSING TO AMEND THE COMMERCIAL ZONE, AND DIDN'T ALSO THE LANDSCAPING AND THE STAFF RECOMMENDS APPROVAL OF THE REQUEST. AND WE SENT OUT 15 NOTIFICATION LETTERS AND WE RECEIVED TWO, UM, THAT ARE IN FAVOR OUTSIDE OF THE NOTIFICATION AREA. AND THE TOTAL RESPONSES WAS TWO. AND THAT CONCLUDES STAFF PRESENTATION. I SEE NO QUESTIONS. I CAN SAY DON'T WANT TO OPEN UP A SHOP TO SELL FIRE EXTINGUISHERS AND SMOKE DETECTORS. YOU KNOW, COMMERCIAL, OH, COMMISSIONER ROSE HAS THE APPLICANT, THE CITY, UH, SERIOUSLY CONSIDERED THAT THIS FIRE STATION WILL ONLY HAVE ACCESS TO A ONE-WAY STREET. YES, THEY ARE NOT, HOW ARE THEY GOING TO RESPOND EFFICIENTLY, UH, TO CALL AND THEY HAVE TO GO UP AND TURN AROUND AND COME BACK AND DIE TO DIE, TO DIE. TH THEY'LL HAVE A CONTROL OVER THAT LIGHT AT CAMPBELL AND ONE 90. SO THE MOMENT THEY'RE GOT AN ALERT, THEY'LL PROBABLY HAVE THAT CLEARED. PHIL ONLY CAN GO OUT OF THEIR FACILITY GOING, I GUESS, WEST. YEAH, WELL COMING OUT OF WHERE THEY COME OUT, NOW THEY, YEAH, THEY CAN GO EAST AND WEST, BUT THEN EVERYTHING ON A HARTFORD AND THEY GO UP AND DOWN. I MEAN, THEY GOT A LOT OF, I JUST I'M CONCERNED THAT IT'S GONNA CAUSE UH, YOU KNOW, EVEN FIVE SECOND, 10, SECOND DELAY AND GETTING TO, AND THAT'S SIGNIFICANT AND, AND THERE'S REALLY NO OTHER WAY YOU CAN GET OUT OF THERE BECAUSE YOU CAN'T HAVE ACCESS TO WHAT IS IT? FERRIS. YEAH. THERE'S A STRAIGHT UP THERE THAT SOMEHOW, I DON'T KNOW. UM, I'M GOING TO TRUST THEM ON THIS ONE. PLUS THEY'LL HAVE ACCESS TO CAMPBELL ROAD TO BE ABLE TO GO EAST. AND SO, BUT THEY HAVE ONLY WESTBOUND. THAT'S A CONCERN. AND ONCE THEY BUILD IT, THEY'RE THERE AND THEY DISCOVERED, HEY, GOT A PROBLEM WITH TIMING. THEY CAN DO ANYTHING ABOUT IT. HOPEFULLY THEY'VE LOOKED AT THAT. I'M GOING TO TRUST THEM ON THIS ONE. UH, I DOUBTED WHAT YOU'RE GONNA SAY. NO. OH YEAH, YOU'RE RIGHT. I UNDERSTAND. BUT I'M LOOKING AT IT. IT'S A CONCERN WE SHOULD KEEP THE COMMENTS TO LAND USE ISSUES. CAUSE THAT'S WHAT THIS BOARD IS DESIGNED AND COMMISSIONED DESIGNED FOR. ALRIGHTY, THANK YOU. THANK YOU. OKAY. THIS IS CASE NUMBER Z 2214. THE APPLICANT PROPOSED TO RENEW A SPECIFIC USE PROVISION FOR EXISTING RECEPTION FACILITY. THIS IS THE CASE INFORMATION. THE PROJECT IS LOCATED AT 1146 BELTLINE ROAD AND THE PROPERTY IS ZONED COMMUNITY RETAIL DISTRICT. THIS IS THE CITYWIDE LOCATION MAP. THE STAR REPRESENTS THE GENERAL AREA OF THE PROJECT, AND THIS IS THE LOCATION MAP. THE PROPERTY IS OUTLINED UNTIL, AND THIS PROPERTY IS SURROUNDED BY COMMUNITY RETAIL, WHICH HAS A VARIETY OF RETAIL USES. AND IN THE REAR OF THE PROPERTY IS A, UM, ZONE SFT N WHICH IS DEVELOPED WITH SINGLE FAMILY, DETACHED HOMES, BE COMPREHENSIVE PLAN AND RECOMMENDS NEIGHBORHOOD [00:25:01] CENTERS. AND THE USE IS SUPPORTIVE WITH THE SURROUNDING AREA AND ALSO COMPATIBLE WITH THE COMPREHENSIVE PLAN. THESE ARE THE PHOTOS OF THE AREA. IT SAYS THE SUBJECT SITE, THIS IS A CROSS BELTLINE ROAD. THIS IS THE CVS. AND THEN THERE'S ALSO ADDITIONAL RETAIL USES, UM, BEHIND THE, UM, PROPOSED SITE AND FURTHER, UM, TO THE REAR. THERE'S A RESIDENTIAL NEIGHBORHOOD. THIS IS THE SITE PLAN THAT THE APPLICANT HAS BROUGHT FORWARD. THEY ARE RENEWING THIS, UM, SUP AND THE HOURS OF OPERATION, UM, FOR THIS, UM, RECEPTION FACILITY WOULD BE FROM 5:00 PM TO 2:30 AM, AND THIS WOULD ONLY BE ON SATURDAYS. UM, THEY WOULD HOST A VARIETY OF EVENTS, SUCH AS WEDDINGS, ANNIVERSARIES, BIRTHDAY PARTIES, UM, AT THIS SITE, THE APPLICANT, UM, CONCURS WITH THE SPECIAL STANDARDS AS PER THE GARLAND DEVELOPMENT CODE IN REGARDS TO SECURITY LIGHTING, UM, NOISE MITIGATION, AND THEN ALSO, UM, THE, UM, LOCATION. UM, THE APPLICANT IS PROVIDING A POLICE OFFICER TO SUPERVISE ALL EVENTS ON THIS SITE. AND THE OVERALL SITE MEETS THE PARKING REQUIREMENTS AS PER THE GARLAND DEVELOPING CODE. THE APPLICANT IS NOT PROPOSING TO EXPAND THE BUILDING OR THE PARKING LOT, AND NO DEVIATIONS ARE BEING FOR THE SIGNAGE ON THE SITE. THE APPLICANT REQUESTS A SUP FOR 15 YEARS, WHICH ALIGNS WITH THE SUP TIME PERIOD GUIDE AND STAFF RECOMMENDS APPROVAL OF THE REQUEST. WE MAILED OUT 41 NOTIFICATION LETTERS. WE RECEIVE ONE IN FAVOR AND FOUR AGAINST, UH, WITHIN THE NOTIFICATION AREA. AND THE TOTAL RESPONSES WAS FIVE ON THAT CONCLUDES STAFF PRESENTATION. ALRIGHTY, COMMISSIONER DALTON AND COMMISSIONER WILLIAMS. WHEN WAS THE INITIAL SUP ISSUED? HOW OLD IS IT IN 2009, 2009. OKAY. LOOKING AT THESE PLAN, UH, THE SHEET WE HAVE HERE, IT APPEARS THERE IS AN ALLEY BEHIND THE HOMES. IS THAT ALLEY IN IMMEDIATE JUNCTURE WITH TOBACCO, THE SHOPPING CENTER? YES, IT IS. SO THERE IS NO DIVIDING BETWEEN THE TWO. OKAY. THANK YOU. COMMISSIONER WILLIAMSON, COMMISSIONER OOP. AH, I HIT COMMISSIONER OUT FIRST. COMMISSIONER WILLIAMS. LET ME MAKE YOU LIVE THERE. THERE WE GO. THANK YOU, CHAIRMAN. UH, HAVE WE HAD ANY ISSUES WITH THIS PLACE BEFORE? NOT THAT I KNOW OF. THANK YOU. ALRIGHTY, COMMISSIONER. WELL, THAT WAS MY QUESTION. I'LL SWEATER. AND, UM, LET'S SEE, THERE WAS SOMETHING ELSE, SORRY. YES, SIR. THANK YOU, MR. CHAIRMAN AND, UH, COMMISSIONER, UM, THE POLICE DEPARTMENT DID NOT HAVE ANY PARTICULAR CONCERNS THAT THEY RELAYED. AND THEN, UM, THE CODE COMPLIANCE, UM, SAID THERE WERE A FEW THINGS IN THE PAST, BUT NOT RELATED TO NOISE. UM, A COUPLE OF UNINTENDED VEHICLES AND THERE WERE SOME, UM, ENCROACHMENT OF SOME VEGETATION, I BELIEVE IN THE ALLEYWAY THAT THEY'RE WORKING WITH THE OVERALL PROPERTY OWNER, NOT NECESSARILY TIED WITH THIS, UM, RECEPTION FACILITY TO MY KNOWLEDGE, BUT JUST REGARDING THE PROPERTY. UM, BUT NOTHING WAS NOTED REGARDING NOISE. OKAY. AND THIS PROPERTY IS IT'S FAIRLY LARGE. IT'S A FORMER MOVIE THEATER IT'S UM, THE, UH, I CAN'T IMAGINE THERE WOULD BE WANTING TO HAVE ANY PARTIES OR ANY SORT OF, UH, UH, ACTIVITIES BEHIND THAT PROPERTY. EVERYTHING SEEMS LIKE IT WOULD BE FACING IN THE OPPOSITE DIRECTION. UH, IF THE BACK DOOR IS OPEN AND THERE'S NOISE THAT COMES OUT, UH, DO THEY HAVE ANY, AND DO YOU KNOW IF THEY HAD ANY DISCUSSION OR ARE THEY PRIVY TO THE COMPLAINTS THAT WE HAVE IN OUR PACKET? AND THERE'S THREE HOMEOWNERS THAT COMPLAINED OF NOISE AND, UH, JUST TRASH AND I'LL KIND OF LOOK OVER TO MS. ON A DINGER. TRACY WAS EMAILED TO THE APPLICANT'S THE RESPONSES. OKAY. OKAY. OKAY. SO IT'D BE ABLE TO DISCUSS MAYBE IF THEY HAVE SOME PLANS FOR REMEDYING THIS RIGHT. UM, A SIMILAR CONVERSATION WITH THE CHAIRMAN ROBERTS EARLIER AND KIND OF LOOKING AT THE FLOOR PLAN AND MAYBE SOME QUESTIONS ENSURING I KNOW WITH A, SOME RECEPTION FACILITIES IN THE PAST, UM, UH, [00:30:01] KIND OF MAKING SURE THAT THE BACK DOORS STAY CLOSED DURING THE EVENTS AT ALL TIMES, UNLESS OF COURSE THERE'S EMERGENCY, UM, SITUATION. UM, SO THAT CAN CERTAINLY BE A CONVERSATION WITH THE APPLICANT, THE QUESTIONS. AWESOME. THANK YOU. I THINK THAT'S IT. THANK YOU. ALRIGHTY. NOW THE LAST ITEMS ON OUR AGENDA HAVE BEEN ASKED TO BE POSTPONED TILL MAY 23RD. SO WE WILL GO INTO RECESS UNTIL HER SEVEN O'CLOCK PUBLIC HEARING MEETING. OH, WE HAVE, OH, THE MISCELLANEOUS THIRD THOROUGHFARE PLAN. MY HAND WAS OVER IT ON THE, WELL, NEVER MIND. I'LL PULL IT UP FOR YOU. YEAH. I HAD MY HAND DOWN AND IT WAS COVERING MISCELLANEOUS. I FORGOT TO, AND THEN I SAW PAUL SITTING THERE, SO I JUST I'LL JUST GO OVER IT REAL BRIEFLY. WE KNOW THERE'S A, THERE'S A DEVELOPMENT THAT I THINK HAS ALREADY GONE BEFORE YOU, UH, RECENTLY, UM, I, 30, UH, THAT'S SHOWN HERE, UM, AS, AS THE SOLID RED LINE GOES THROUGH THAT CURRENT DEVELOPMENT, UM, AS PART OF THE, UM, THE, THE OVERALL PLANNING FOR THE AREA, IT WOULD BE, UM, IT WAS ANTICIPATED THAT THIS WOULD CONTINUE ON OVER TWO LINES ROAD. UM, WE CAN, WE, THE, THE DESIRES TO PUT THAT ON THE THOROUGHFARE PLAN, UM, SO THAT WHEN THE PROPERTY TO THE EAST DEVELOPS, THAT WILL BE, UM, PART OF THAT PLAN AND IT WOULD, AND IT WOULD BE CONTINUE. SO THAT YOU'D HAVE ACCESS FROM, FROM THAT THAT FEATURE DEVELOPMENT TO THE EXISTING DEVELOPMENT TO THE WEST AND VICE VERSA, UH, YOU'D HAVE CROSS ACCESS BETWEEN 30 AND LINES ROAD. SO, UM, THAT'S, IT WOULD BE A FAIRLY SIMPLE, I THINK A TYPE G ROAD. UM, IT'S FAIRLY SMALL. IT'S GOT PARKING ON THE ROAD, SO IT'S, UH, NOT EXPECTED TO CARRY A LOT OF TRAFFIC, BUT IT'S MORE FOR ACCESS BETWEEN THE TWO PROPERTIES, ANY COMMENTS? YEP. I'VE GOT ONE QUESTION. UH, HAVE ALL THE LANDOWNERS BEEN, I KNOW THEY'VE BEEN LEGALLY NOTIFIED, BUT HAVE THEY BEEN CONTACTED PERSONALLY AND LET KNOWN THAT THIS ROAD COULD COME THROUGH? BECAUSE I REMEMBER A CASE THAT CAME THROUGH, UH, IT WAS EXTENSION OF GUTHRIE ROAD FROM BELTLINE UP TO THE AND THAT LANDOWNER THAT IT CUT THROUGH DIDN'T KNOW IT, IT WAS ON. AND WHEN HE WENT TO DEVELOP A DEFENDER, EDDIE HAD A ROAD CUTTING THROUGH THERE. SO HE LOST THAT LAND. PLUS HE HAD TO PAY TO BUILD THE ROAD. SO I THINK ON SITUATIONS LIKE THIS, AND ACTUALLY IT'S SOMETHING I'D LIKE TO SEE. AND I MAY STATE THIS AGAIN, INCORPORATED INTO OUR GDC THAT WHEN A ROAD IS PLANNED TO BE CUT THROUGH THAT, ANY LANDOWNER IS NOTIFIED SPECIFICALLY, NOT JUST A GENERAL NOTIFICATION. THAT'S ALL I GOT. I UNDERSTAND. I THINK, YEAH, WE DID WELL. UM, HE WAS, I KNOW THAT REALLY IMPACTS BECAUSE THE DEVELOPER IS HERE, THE DEVELOPMENT THAT MR. LOOKY MENTIONED. SO IT'S PRIMARILY, MY UNDERSTANDING IS ONE PROPERTY OWNER. I KNOW HE'S WELL AWARE OF THE DEVELOPMENT. AND, UM, APPARENTLY WAS AT THE CITY COUNCIL MEETING WHERE WE KIND OF TALKED ABOUT THE EXTENSION AND HE'S, UM, BEEN IN SOME DISCUSSIONS WITH THE DEVELOPER ABOUT KINDA WHAT'S GOING ON. BUT, UM, BUT NO, NO FORMAL NOTIFICATION BEYOND THE ZONING NOTIFICATION, WHICH INCLUDED, OR EXCUSE ME, THE CASE, UH, PRESENTATION AND REPORT. I'M PRETTY CERTAIN, HE KNOWS THAT THERE'S 50 FOOT, 60 FOOT RIGHT AWAY. THAT'LL BE TAKEN OUT OF THE MIDDLE. WE CAN CERTAINLY FOLLOW UP JUST TO MAKE SURE HE'S AWARE OF THE DETAILS AND THAT WILL HAVE TO PAY FOR IT TOO IF HE DEVELOPS IT. ALRIGHTY, THANK YOU. ALRIGHTY. I THINK I'M CORRECT NOW IN SAYING THAT IT WAS LAST ITEM UNTIL OUR, UH, PUBLIC HEARING. SO WE ARE IN RECESS. [Call to Order] GOOD EVENING. WELCOME TO THE MAY 9TH MEETING OF THE GARLAND PLAN COMMISSION IS THIS OUR CUSTOMER. WE COMMISSIONERS TYPICALLY START OUR MEETING WITH THE PARENT OF PLEDGE. YOU'RE INVITED TO JOIN US WHETHER YOU JOIN US OR NOT, NO WAY AFFECTS THE DECISIONS OF THIS COMMISSION OR YOUR RIGHTS IN FRONT OF THE COMMISSION. NEVER HAS NEVER WILL. IT'S NICE PAIR AND PLEDGE WILL BE LED BY COMMISSIONER PEARS. THANK YOU, CHAIRMAN ROBERTS, IF YOU SO WISH TO JOIN LET'S PLEASE BOW OUR HEADS. AS WE PREPARE OUR HEARTS AND OUR MINDS TO PRAY, FATHER GOD, WE THANK YOU FOR THIS DAY. FOR THIS DAY IS THE DAY THAT THE LORD HAS MADE AND WE WILL REJOICE AND BE GLAD IN IT. LORD, THIS IS A NEW DAY, NOT [00:35:01] PROMISE. SO WE ARE THANKING YOU IN ADVANCE FOR A WEEK OF PROMISES AND POSSIBILITIES AS YOU ARE OUR REFUGE AND STRENGTH. THANK YOU FOR OUR CITY EDUCATORS. FIRST RESPONDERS AND OUR MILITARY LORD. AS WE ARE UNITED IN PRAYER, WE ASKED TO UPLIFT THE BEREAVED REQUESTS, HEALING FOR SICKNESS AND DISEASE AND CONTINUE PRAYERS OF YOUR PRESENCE, PEACE PROTECTION, AND PROVISION FATHER. GOD, WE APPRECIATE THE OPPORTUNITY TO COME TOGETHER THIS EVENING, ASKING FOR YOUR WISDOM AND GUIDANCE AS WE SERVE ON THIS BOARD TO BETTER OUR CITY. IN CLOSING, WE GIVE YOU ALL HONOR PRAISE AND GLORY IN THE MIGHTY NAME OF JESUS. I PRAY AND ASK IT ALL. AMEN AND AMEN. PLEASE JOIN AND RECITING THE PLEDGE I PLEDGE WELL AGAIN, WELCOME TO OUR MEETING HERE. A LITTLE AGENDA CLEANUP, UH, ITEMS THREE H AND 3I, THE APPLICATION OF MASTER PLAN AND GUARDIAN RECOVERY NETWORK AT 34 50 WAGON WHEEL WILL NOT BE HEARD TONIGHT. UH, THEY HAVE REQUESTED A POSTPONEMENT UNTIL OUR MAY 23RD MEETING, AND THAT'S WHEN THOSE CASES WILL BE HEARD. EXCUSE ME ANY WELL, IF ANYBODY WISHES TO SPEAK TONIGHT, WE'VE GOT A LITTLE SIGNUP KIOSK SAT THERE. YOU CAN SIGN UP AND YOUR NAME WILL APPEAR ON BOARD AND I CAN CALL YOU DOWN. WE GIVE APPLICANTS 15 MINUTES TO MAKE THEIR CASE, STATE THEIR CASE AND OTHER SPEAKERS. WE ALLOW THREE MINUTES. IF YOU'RE SPEAKING FOR A GROUP SUCH AS A HOMEOWNER ASSOCIATION, WE DO DEFINITELY ALLOW MORE TIME. AND IF YOU COME UP TO SPEAK, IF YOU'LL PLEASE STATE YOUR NAME AND ADDRESS INTO THE MICROPHONE, WE NEED THAT FOR THE RECORDS. ALRIGHTY, LET ME GO AHEAD AND START. WE WILL [Consent Agenda] START WITH OUR CONSENT AGENDA. CONSENT AGENDA ARE ITEMS THAT THE COMMISSIONERS HAVE REVIEWED AND WE WILL BE VOTING TO APPROVE IN ONE MOTION. I WILL READ THE ITEMS ON THE CONSENT AGENDA AND IF ANY COMMISSIONER WANTS ONE REMOVED FOR INDIVIDUAL CONSIDERATION OR ANYBODY IN THE AUDIENCE WANTS AN ITEM REMOVED FOR AN INDIVIDUAL CONSIDERATION, JUST LET ME KNOW. CONSENT AGENDA ITEM ONE, A CONSIDER APPROVAL OF PLANNING COMMISSION MINUTES FOR THE APRIL 25TH, 2022 MEETING ITEM TWO, A PLAT 22 DASH 11 RESERVE AT SHILOH FINAL PLAT ITEM THREE, A IMPACT FEE REPORT. ANYBODY CARE TO HAVE ANY ITEM REMOVED FOR INDIVIDUAL CONSIDERATION CNN COMMISSIONERS, MR. CHAIR, COMMISSIONER DALTON. I MAKE A MOTION THAT WE APPROVED THE MINUTES AS POSTED SECOND. WOULD THAT BE THE WHOLE CONSENT AGENDA? YES. OKAY. I'M SORRY. HAD THE MINUTES ON THE BRAIN FOR SOME REASON. THAT'S OKAY. I MESSED UP IN THE PRE-MEETING THAT TRIED TO SKIP AN ITEM. SO, SO WE HAVE A MOTION BY COMMISSIONER DALTON AND A SECOND BY COMMISSIONER PARIS TO APPROVE THE CONSENT AGENDA, PLEASE VOTE. AND THAT PASSES A FIVE TO ONE WITH A ONE ABSTENTION BY COMMISSIONER WILLIAMS. ALRIGHTY, NEXT ITEM ON OUR AGENDA. [Items 4A & 4B] AND THIS IS A TWO-PARTER REQUEST APPROVAL OF TREEMONT GROUP REQUESTING APPROVAL OF AN AMENDMENT TO PLAN DEVELOPMENT DISTRICT PD ZERO THREE DASH 53. THIS PROPERTY IS LOCATED AT 29, 24 98 NORTH PRESIDENT GEORGE BUSH TURNPIKE AND ITEM TO BE CONSIDERATION OF THE APPLICATION OF TRUE MONT GROUP REQUESTING APPROVAL OF A DETAILED PLAN FOR A MULTI-FAMILY DEVELOPMENT ON PROPERTY ZONE PD DISTRICT ZERO THREE DASH 53. THIS PROPERTY IS ALSO 24 98 NORTH PRESIDENT GEORGE BUSH TURNPIKE IS THE, UH, APPLICANT HERE CARE TO MAKE A PRESENTATION COME ON DOWN. CAN YOU MAKE IT THE, UH, GOOD EVENING MR. CHAIRMAN AND COMMISSIONERS? UM, I'M HERE ON BEHALF OF TRIMONT GROUP. I'M AN OWNER, UH CO-FOUNDER AND PARTNER. UM, ALSO THE APPLICANT TODAY. UM, NEED YOUR NAME AND ADDRESS PLEASE. NAME IS GRIFFIN KNEEL, UH, LIVE [00:40:01] IN DALLAS, TEXAS 6 4 3 3 WOULD LYNN DRIVE? SO SURE. UH, I FELT IT WAS IMPORTANT TO GIVE YOU GUYS A BRIEF BACKGROUND ON SHERMONT GROUP, WHO WE ARE BEFORE WE GET INTO THE, THE PRESENTATION AND THE ACTUAL DEVELOPMENT. UH, WE'RE A PRIVATELY HELD DEVELOPMENT COMPANY BASED IN DALLAS, TEXAS. OUR OFFICE IS LOCATED IN ADDISON ACROSS FROM THE GALLERIA MALL. UM, WE WERE ULTIMATELY FOUNDED OUT OF A DESIRE TO CONTRIBUTE POSITIVELY TO OUR COMMUNITIES AND CREATE SPACES FOR PEOPLE TO LIVE, WORK AND PLAY AT ATTAINABLE PRICE POINTS, UH, RECOGNIZING NEEDS THROUGHOUT OUR COMMUNITIES. UM, WE FIRMLY BELIEVE THAT OUR PEOPLE ARE OUR BUSINESS. UM, WE HIRE A PLUS TALENT, UM, UH, UH, INTERNALLY AND EXTERNALLY FROM DESIGN TEAM MEMBERS AND ENGINEERS. UM, OUR PARTNERS MAKE UP, UM, UH, 10 PLUS YEARS OF EXPERIENCE WE, UH, OWN OR PARTNERS WITHIN OUR FIRM OWN A PORTFOLIO OF NORTH OF 15,000, UM, APARTMENT UNITS, UH, AND STERLING MULTIFAMILY TRUST BASED OUT OF NORTH DAKOTA, WHERE I WORKED FROM AS WELL ORIGINALLY. UM, AND THEN TEAM MEMBERS WITHIN OUR FIRM. WE ALSO ARE A GENERAL CONTRACTOR. WE DID THAT AS WE BELIEVE IT. UH, WE WANT TO CONTROL THE QUALITY OF OUR DEVELOPMENTS AND HOLD THEM FOR THE LONGTERM. UM, BUT THEY'VE BUILT AND DEVELOPED OVER 20,000 UNITS AND SOME OF OUR TEAM MEMBERS HAVE SERVED AS DIRECTORS OF CONSTRUCTION VICE-PRESIDENTS CEOS FOR SOME OF THE LARGEST AND MOST WELL-KNOWN, UH, DEVELOPERS THAT ALSO SELF-PERFORM, UM, UH, TRIMONT ITSELF HAS 900 UNITS UNDER DEVELOPMENT AND CONSTRUCTION. THIS WOULD PROPOSE DEVELOPMENT WOULD PUSH US OVER A THOUSAND TO ABOUT 1200. UH, ALL THOSE COMMUNITIES ARE IN DFW, UH, IN DALLAS, FORT WORTH AND BENBROOK, TEXAS. UM, ULTIMATELY WE DO NOT CUT CORNERS. WE BELIEVE IN QUALITY. UM, AND, UH, WE ONLY WORK WITH, AS I SAID, UH, WHO WE BELIEVE TO BE THE BEST AND, UH, TODAY OUR CIVIL ENGINEER AND ARCHITECT ARE THE LEAD OF BOTH OF THOSE TEAMS AND OFFICES ARE, ARE HERE, UM, TO SPEAK TO ANY QUESTIONS YOU ALL HAVE, UH, JUST A QUICK OVERVIEW ON THE LAND. UM, WE'RE ADJACENT TO FIRE WHEEL TOWN CENTER, IT'S ZONED, UH, PDS 0 3 5 3, UH, IT'S 10.25 ACRES AND IS CURRENTLY UNDEVELOPED, UH, AND OPEN SPACE. UM, CURRENT OWNERSHIP IS ACTUALLY HERE, UH, MICHAEL DYER AND HIS WIFE, PENNY DYER ARE HERE AND THEY THEY'VE OWNED THE PROPERTY FOR THE LAST 23 YEARS. AND I THINK THEY'D LIKE TO SPEAK IN SUPPORT TOWARDS THE END. UM, IT'S WORTHWHILE TO NOTE, WE ARE ALSO ADJACENT TO PD 1833, WHICH WE'LL WE'LL REFERENCE TODAY. UH, ALSO OF NOTE THE FUTURE LAND USE PLAN, UH, DESIGNATING US AS A REGIONAL CENTER. UH, MR. GARREN CORRECTED ME EARLIER TODAY. THIS ACTUALLY FORMED IN 2012, UM, AS A REGIONAL CENTER, WHICH, UM, ALLOWS FOR A HIGHER, HIGHER CONCENTRATION AREA OF ACTIVITY, UM, PROVIDE PROVIDING FOR A MIX OF RETAIL SERVICES, ENTERTAINMENT, AND EMPLOYMENT, AND IS MEANT TO BE SUPPORTED BY RESIDENTIAL COMPONENTS. UH, AGAIN, WHICH 1833 FURTHERED, UM, UH, AGAIN, PD 8, 0 3, 5, 3, OVERLAYS THIS AND, UM, YOU KNOW, IT'S OUR BELIEF THAT WE'RE FURTHERING THE IDEOLOGY OF FIRE WHEELS, TOWN CENTER TO BE AN URBAN ENVIRONMENT THAT'S WALKABLE AND, UH, FLOURISHING WITH HIGH QUALITY DEVELOPMENTS. UM, LET'S SEE HERE. UM, UM, AGAIN, I'VE, I'VE SAID IT, BUT THE DIVISION AND THE INTENTION TO HAVE THE URBAN STYLE, UH, DEVELOPMENT, UM, WE'VE SEEN, AND YOU GUYS HAVE SEEN WHICH I'LL TOUCH ON NEXT, UH, PREVIOUS CLASS, A DEVELOPMENT AND, UH, HELP THYROID TOWN CENTER SUCCEED. UM, AND UH, ONLY, UM, HE, UH, CHASE AND PARCELS TO THE NORTH AND EAST ARE UNDEVELOPED, UH, WHICH ARE IN THE A HUNDRED YEAR FLOOD PLAIN, UH, ALSO ZONED 0 3, 5, 3, BUT LARGELY UNDEVELOPABLE TO OUR SOUTH AS GEORGE BUSH AND TO THE WEST IS PD ZERO THREE, UH, OR SORRY, 1833, WHICH ALLOWS FOR MULTIFAMILY USE. AND THERE'S A PROPOSED MULTI TO OUR, UH, IMMEDIATE WEST. UM, AND THEN, UH, YOU KNOW, THERE'S REALLY THE ONLY OTHER PROBABLE ALL IT'S NOT EVEN REALLY PRACTICAL USE FOR THIS PARCEL. IT'S TUCKED AWAY IN, IN THE, UH, BACK IS, UH, COMMERCIAL OR RETAIL, UH, WHICH IN OUR OPINION, ISN'T NECESSARILY A LIKELY IF MULTIFAMILY IS NOT THE ANSWER HERE, UH, THE TRACK IN OUR OPINION WILL REMAIN ON DEVELOPED FOR THE FORESEEABLE FUTURE. UM, [00:45:02] AND ULTIMATELY WE BELIEVE THAT A HIGH QUALITY MULTIFAMILY DEVELOPMENT WILL INCREASE PROPERTY VALUES AROUND US, UM, INCLUDING THE ADJACENT OR VACANT ADJACENT PARCELS OF COMMERCIAL AND THROUGHOUT FAREWELL TOWN CENTER FELT IT WAS IMPORTANT TO NOTE THAT THE DEMAND THROUGHOUT GARLAND IN GENERAL, UH, FIRST FOCUSED ON THE IMMEDIATE AREA, AND THEN WITHIN A COUPLE MILE PROXIMITY, THE LIVELY, THE MOST RECENT STABILIZED DEAL, UM, 94.2% OCCUPIED, UH, OVER $1,500 A MONTH AND RENT PARKSIDE AT FIREWALL. THE FIRST DEVELOPMENT AND FIRE WHEEL A LITTLE BIT OLDER RECENTLY PURCHASED, UH, I THINK THE DEVELOPER OR THE BUYER HAS PLANS TO, UH, DO A VALUE ADD PROGRAM. NONETHELESS, THEY'RE OVER 92% OCCUPIED, UH, CLOSE TO $1,500 A MONTH IN RENT. UH, AND THEN GOING OUT A LITTLE BIT FURTHER THE DOMAIN AT ONE 40, UH, ALSO RECENT DEVELOPMENT, UH, VERY SUCCESSFUL APPROACHING $1,800 A MONTH, 1 95, OR WHEEL 98% OCCUPIED AND APPROACHING $2,000 A MONTH. AND THEN ALSO FELT IT WAS IMPORTANT TO HIGHLIGHT, UH, SOME OF THE RECENT SUCCESS IN SAXY THAT LENS AT THE STATION HAS HAD, AND THERE'S SOME OTHER DEVELOPMENT IN THAT AREA, BUT, UM, ALSO HAVE A WALKABLE COMMUNITY WHERE THERE'S BEEN SUCCESS IN RECENT DEVELOPMENT. UH, THEY ARE IN THE LEASE-UP PHASE, SO THEY'RE 75% OCCUPIED, BUT, UH, AGAIN, APPROACHING, UH, OVER 18 OR $1,900 A MONTH IN RENT, ALL THAT TO SAY 95% IS A STRONG BENCHMARK IN OUR INDUSTRY. UH, ALL THE COMMUNITIES ARE DOING VERY WELL, UM, AND SHOWING, UH, CAPACITY FOR, FOR MORE RESIDENTS. UM, AND WHY WE HAVE A DESIRE TO DEVELOP HERE, UM, JUMPING INTO OUR ACTUAL DEVELOPMENT. UM, THIS IS, UH, UH, WE HAVE SOME ELEVATIONS OR SORRY, RENDERINGS, UH, AS I THINK YOU GUYS WERE SHOWING THE ACTUAL ELEVATIONS EARLIER, THESE ARE, UM, HIGH QUALITY RENDERINGS, UH, WHICH WE'LL HAVE TOWARDS THE END AS WELL, BUT YOU'LL SEE THEM SCATTERED THROUGHOUT. THIS IS THE APPROACH TO OUR BUILDING. THIS IS THE, THE LEASING CENTER HERE. UM, OUR REQUEST IS TO AMEND PD 0 3, 5, 3 TO CREATE A PLAN DEVELOPMENT 22 0 3, UH, TO ALLOW FOR URBAN MULTI-FAMILY. AND THAT'S IT. UH, WE HAVE A COUPLE, UH, WHAT WE BELIEVE TO BE COMMON DEVIATION IN TODAY'S MULTIFAMILY ENVIRONMENT, UH, TO INCREASE THE GDC FROM 18 UNITS, AN ACRE TO 29.08, UH, UNITS, AN ACRE, UM, OUR MAXIMUM BUILDING HEIGHT, UH, THAT YOU GUYS ALLOW FOR IS 40. UH, WE'RE REQUESTING 65 DUE TO, UH, TYPOGRAPHY AND GRADE CHALLENGES. AND WE'LL HAVE A, UH, FOUR OR FIVE, FIVE STORIES ON THE INTERIOR OF THE PROJECT. FOUR STORIES FROM THE EXTERIOR. WHEN YOU SEE FROM GEORGE BUSH AND, UH, UH, DRIVING ALONG FIRE WHEEL, AND THEN A DECREASE IN THE AMOUNT OF COVERED PARKING DUE TO, UH, COSTS THAT WE'RE INCURRING TO DEVELOP A SITE THAT'S CURRENTLY CHALLENGED. UM, THE REST OF OUR PROPOSED, UH, DEVELOPMENT IS CONSISTENT WITH THE GDC STANDARDS AND PD 0 3, 5, 3. UM, AND THEN I FELT IT WAS QUITE WORTHWHILE TO NOTE, UM, UH, PD 1833, WHICH, UH, IS, IS HERE ACROSS TOWN, FARWELL TOWN CENTER, UH, WHEN MR. GROGAN AND HIS PARTNERSHIP PROPOSED THIS, AND IT WAS UNANIMOUSLY APPROVED BY YOU ALL. UH, IT ACTUALLY ALLOWS FOR 1800 APARTMENT UNITS, AND IT WAS THE DESIRE TO HAVE HIGH DENSITY MULTI-FAMILY TO SUPPORT IN THEIR EYES, TO, UH, FIRE WHEEL TOWN CENTER THAT WAS, UH, HAD ITS UPS AND DOWNS PREVIOUSLY. UM, WITH THE LIVELY THAT'S BEEN BUILT, THE WOOD PARTNERS DEVELOPMENT THAT WAS ALSO UNANIMOUSLY APPROVED IN DECEMBER OF 21. AND THE ADJACENT DEVELOPMENT TO OUR WEST, I BELIEVE IS 333 UNITS THAT ACCOUNTS FOR A TOTAL OF 902 UNITS LEAVING, UH, AN ADDITIONAL 898 UNITS THAT IS UNSPOKEN FOR, UH, IN PD 1833. UM, AND I BELIEVE THIS LAST PARCEL THAT MR. GROGAN AND HIS PARTNERSHIP OWNS, I THINK IT'S RESTRICTED TO RETAIL COMMERCIAL USES, WHICH AGAIN, WE BELIEVE WE'RE INCREASING THE VALUE OF, OF THAT, UH, FOR HIM AND FOR YOU GUYS AS A CITY. AND YEAH, THAT'S IT, UM, A LITTLE BIT MORE OF THE TIMELINE. UM, UH, WE RECOGNIZE THAT ACCESS ROAD HAS TO BE BUILT PRIOR TO US GOING VERTICAL. UH, WE ASSUME, UH, WILL BE THROUGH PLANNING AND PERMITTING BY THAT TIME. AND IT'LL BE OUR GOAL TO BREAK GROUND IMMEDIATELY. UM, AND WE HAVE ABOUT A 24 MONTH CONSTRUCTION TIMELINE WITH FIRST UNITS TURNING WITH THE CLUB [00:50:01] WITH IN ABOUT 12 TO 14 MONTHS. UM, IT'S A CLASS, A DEVELOPMENT THROUGH AND THROUGH, UH, THERE'S TWO BUILDINGS ON THE PROJECT. UH, ONE BEING A FOUR OR FIVE SPLIT DUE TO THE GRADE AS MENTIONED THE OTHER'S FOUR STORY, BOTH BUILDINGS ARE ELEVATOR SERVED, THEY'RE CONDITIONED, AND IT CONTAINS A TOTAL OF 298 UNITS. UM, WE HAVE, UH, A UNIT MIX OF ONE, TWO AND THREE BEDROOMS, UM, WITH, UH, ADEQUATE PARKING AND GUEST PARKING, UH, PER THE GDC. AND, UM, OUR COMMUNITY WILL HAVE, UH, UH, TUCK UNDER GARAGES, UH, UNDERNEATH THE BUILDING, WHICH YOU'LL SEE AND, UM, UH, COVERED PARKING. UM, WE'RE HIGHLY FOCUSED ON OPEN SPACE AND AMENITIES. UH, WE BELIEVE THEY'RE DRIVERS TO SUCCESSFUL PROJECTS. THIS IS A RENDERING OF THE OPEN SPACE OR ONE OF THE CONCEPTS WE'RE EXPLORING WITH OUR LANDSCAPE ARCHITECT. UM, WE HAVE A RESORT STYLE POOL WITH THE TANNING LEDGE CONVERSATION, PODS, WATER STRUCTURES, POOL CABANAS, UH, COURTYARD WITH GRILLS, FIREPLACES, TURF, UH, SYNTHETIC TURF, AND OPEN LAWN, UH, INTERIOR COURTYARDS, A 5,000 SQUARE FOOT CLUB, UH, UH, THAT STARTS ON THE UPPER LEVEL AND IT'LL DROP DOWN. SO IT'LL BE A PRETTY COOL LEASING AND CLUB EXPERIENCE, UH, WHERE THE WAIT ROOM WILL BE, UM, DOG PARK. UH, WE CONNECT TO YOUR GUYS'S TRAIL SYSTEM, UH, OR DESIRED TRAIL SYSTEM, WHICH WE'LL GET INTO, UM, BUT ALL IN ALL, WANT IT TO BE A WALKABLE EXPERIENCE, UM, UH, ENCOURAGE RESIDENTS TO GET OUTSIDE. UH, HERE'S THE TUCK UNDER GARAGES IN THIS SHOT HERE. UM, OUR DOG PARK IS RIGHT HERE, UM, ADJACENT TO THE FLOOD, PLAIN AND POND TO THE ARD NORTH BOUNDARY. UM, AND WHEN WE DEVELOP APARTMENTS, WE, UH, YOU KNOW, WE'RE STRONG WITH OUR PROPERTY MANAGEMENT CRS AS OUR PROPERTY MANAGEMENT COMMUNITY. UH, WE'RE HANDS ON, UH, IT'S OUR DESIRE TO RETAIN, UH, RESIDENTS AND, UH, BRING IN NON TRANSIENT POPULATION THAT, UH, INVEST IN THEIR CITIES, UH, AND CARE ABOUT THEIR COMMUNITIES OR TARGETING A YOUNG DEMOGRAPHIC. THERE'S A FLURRY OF JOBS AROUND 75 AND GEORGE BUSH OR STATE FARMS THAT, UH, WE BELIEVE WE CAN PULL SOME OF THOSE PEOPLE, UM, AND MISSES FAIRLY STANDARD IN OUR BUSINESS, BUT WE HAVE A THREE TIMES A MONTHLY RENT AND NO PRIOR FELONIES TO, TO GET INTO OUR COMMUNITIES. UM, AGAIN, DESIGNING COMMUNITIES FOR RENTERS TO LIVE, WORK AND PLAY. UM, HERE'S THE SITE PLAN? HERE'S OUR SITE ENTRANCE. UM, UH, HERE'S THE TRAIL CONNECTIONS, SORRY, IT'S A LITTLE SMALL. UM, THIS IS THE ACCESS ROAD WITH THEY'LL HAVE A WALKING TRAIL ALONG IT AND COORDINATING WITH THE ADJACENT PROPERTY TO OUR WEST. HERE'S THE EASEMENT WILL BE GRANTING THE CITY AND THE TRAIL, UH, TO GO THROUGH, IS THIS, THIS GOT A LITTLE DISTORTED, BUT, UM, HERE'S THE, UH, WE'RE AWARE OF THAT ENVISIONED GARLAND. IT WAS, UH, IN WORKING WITH MR. GUERIN AND DEBBIE AND HER TEAM. UH, IT WAS A POINT OF CONVERSATION THROUGHOUT OUR TECHNICAL REVIEW AND DETAILED PLAN PROCESS. SO, UH, WE'VE AGREED AND ACTUALLY ALSO WANT IT THERE, UH, FOR OUR RESIDENTS TO, UM, A COUPLE OF DEVELOPMENT CONSIDERATIONS, UM, BEYOND THE COUPLE OF DEVIATIONS I LISTED, I FELT WERE IMPORTANT TO ADDRESS HEAD-ON. UM, WE DID WORK WITH TRANSPORTATION. UH, WE HAD A FULL TRAFFIC IMPACT ANALYSIS STUDY DONE ACTUALLY IN CONJUNCTION WITH THE PROPERTY TO THE WEST THAT'S BEING PROPOSED. SO IT'S THE SAME TRANSPORTATION OR A VENDOR THAT WE USED. UH, THE TRANSPORTATION DEPARTMENT GOT IT ALL IN ONE SWATH AND, UH, APPROVED IT WITH, UM, NO CONCERNS, UH, NO ADDITIONAL INFRASTRUCTURE NEEDED TO SUPPORT BOTH DEVELOPMENTS. UM, OUR DESIGN TEAM ALSO WORKED WITH CITY STAFF, UH, IN ENGINEERING DURING THIS PROCESS, UM, TO, UH, ENSURE ADJACENT PARCELS DOWNSTREAM OF US WERE PROTECTED DURING CONSTRUCTION AND INTO THE FUTURE. UM, ADJACENT TO US AS FLOOD PLAIN, UM, NOT ON OUR PROPERTY. UM, OUR PROPERTY IS FULLY DEVELOPABLE, BUT, UM, ADJACENT TO US AS FLOODPLAIN. AND THEN, UH, HERE, YOU CAN SEE AN OUTLINE OF WETLANDS, UM, UH, OUR STUDIES, UH, AND CONFIRMED BY THE CITY ENGINEERING THAT WE ACCOUNT FOR LESS THAN 0.0, 2% OF THE TOTAL RUNOFF, UH, TO RALLY THAT CREEK, UM, OUR CIVIL ENGINEERS ALSO HERE TO, UM, ADDRESS ANY COMMENTS OR QUESTIONS. AND, UM, UM, WE ALSO HAD A PHASE ONE AND ENVIRONMENTAL DONE BY OUR, UH, ROWAN ENGINEERING. WHO'S A QUALITY, UH, ENGINEER AND DFW, [00:55:01] AND THEN P P P D 1833 CLEARLY OUTLINED ACCESS AS A CONDITION. UH, MANY OF YOU GUYS WERE HERE, UH, FOR A LONG DEBATE, UH, WITH MR. DYER AND MR. GROGAN, THAT WAS A PROMISE AND A CONDITION AND PART OF THE DEAL. UM, WE'RE WORKING WITH ADJACENT LANDOWNERS TO GET THAT DONE. AND THE DESIGN, UM, HAS ALREADY BEEN COORDINATED WITH THEM. IF YOU CAN HIT SOME OF THE HIGHLIGHTS OF WHAT YOU HAVE LEFT. UH, YEP. UH, THERE'S A COUPLE OF QUICK SLIDES. UH, WE'VE MET PREVIOUSLY WITH COUNCIL MEMBER BASS, UH, MR. X AND MR. GAREN, UH, EARLY ON IN THE PROCESS TO GATHER THEIR INPUTS AND SUPPORT. UM, THERE IS NO NEARBY NEIGHBORHOOD, SINGLE FAMILY, UH, ASSOCIATIONS TO, UH, REACH OUT TO, UM, AND WE'VE SUCCESSFULLY WENT THROUGH THE PROCESS TO GAIN APPROVALS, AND THEN SOME OTHER PROJECTS WE HAVE GOING ON IN DFW. AND, UM, HERE'S THE FOUR RENDERINGS THAT WE HAVE FOR THE PROJECT. SO IN CONCLUSION, REQUESTING YOUR APPROVAL, ALRIGHTY, ANY QUESTIONS FOR THE APPLICANT, COMMISSIONER DALTON, MR. CHAIR? UH, I WOULD LIKE FOR OUR CHAIRMAN TO READ INTO THE RECORD, WHAT WAS SAID IN A CORRESPONDENCE WITH THE CITY ENGINEERING DEPARTMENT CONCERNING RUNOFF FROM YOUR PROPERTY. AND WE'D LIKE TO GET YOUR COMMENTS ON THAT IF I COULD. YEAH, JUST FOR BACKGROUND, THERE WAS A LETTER THAT CAME IN FROM A CITIZEN CONCERNED ABOUT THE WATERSHED AND THOSE AREAS. AND SO I SPECIFICALLY ASKED, UH, ENGINEERING AND THEY SENT THIS BACK IN AN EMAIL PART OF THEIR SITE WILL DRAIN TO THE EXISTING WATER QUALITY POND MAINTAINED BY THE CITY NORTHWEST OF THE SITE. WE WILL ENSURE THAT PROPOSED FLOW DOES NOT EXCEED THE PROGRAM CAPACITY OF THE POND PER THE ORIGINAL AS-BUILTS. ANY ADDITIONAL STORM WATER WILL FLOW FROM THE SITE THAT WILL FLOW FROM THE SITE WILL HAVE TO BE HANDLED BY THE DEVELOPER AND PIPED TO THE NORTHEAST OR EAST TO TIE INTO THE OLD ROLLET CREEK CHANNEL OR NATURAL DRAW WHERE THE PIPE CAN DISCHARGE INTO WITHIN TWO VERTICAL FEET OF ANY EXISTING FLOW LINE. THE ALIGNMENT WILL HAVE TO BE DETERMINED AT THAT TIME OF CONSTRUCTION. IF THE PIPE GOES THROUGH ANY WET LAND AREAS, IT WILL BE SUBJECT TO ANY APPLICABLE ARMY CORPS OF ENGINEER REGULATIONS AND PERMITTING. THE DOWNSTREAM SYSTEM IS WITHIN THE FULLY DEVELOPED FLOOD PLAIN AREA OF RELIC CREEK. UH, SO CAPACITY IS NOT A CONCERN. UM, AND IF YOU DON'T MIND, I'D LIKE TO CALL MY SURE, CIVIL ENGINEER UP TO ADDRESS ANY COMMENTS MORE TECHNICALLY. BUT YEAH, WE, WE WORK HEAVILY HAND IN HAND WITH ENGINEERING. WE ACTUALLY HAD A COUPLE OF DIFFERENT OPTIONS WE WERE EXPLORING, UM, WHICH MIGHT CAN TALK ABOUT, BUT, UM, ULTIMATELY DO NOT SEE ANY IMPACT. AND WE DO NOT ABUT THE WET LENS AS STATED. AND IN THE, UM, IN THE LETTER IN NATIVE NEW CHAIRMAN COUNSELORS, SIR, MIKE MORIN WITH HARRIS COKER SMITH, UH, 4 51 SOUTH MAIN STREET IN FORT WORTH. UM, YEP. TOTALLY AGREE WITH THE ENGINEER'S ANALYSIS, WE'VE BEEN WORKING WITH THEM ALREADY. AND, UM, WE UNDERSTAND, AND I UNDERSTAND THAT IF WE DO AN TO GET INTO WETLANDS OR COULD POTENTIALLY BE FOR, FOR PERMITTING NEEDED, UM, OBVIOUSLY WE'RE GOING TO TRY TO AVOID THAT BECAUSE THAT TAKES TIME. SO, UM, YOU KNOW, OUR QUICKEST ROUTE IS TO, ONCE WE GET FURTHER INTO DESIGN, GET A LITTLE BIT MORE SURVEY WORK WITH ENGINEERING STAFF, YOU KNOW, TO DO THE BEST WE CAN TO RELEASE DOWN INTO OUR OUTFALLS AS QUICKLY AS WE CAN, UM, LIMIT CONSTRUCTION ACTIVITIES DOWN IN THAT AREA AS MUCH AS POSSIBLE. UM, AND, UH, YOU KNOW, LOOK FOR SOLUTIONS AROUND THE PERIMETER OF THE SITE TO LIMIT THAT EXTENSION INTO THAT AREA AS MUCH AS POSSIBLE. UM, OBVIOUSLY WHERE DOES ZONING PHASE RIGHT NOW, BUT FULLY UNDERSTAND FROM A ENGINEERING, WHAT WE NEED TO DO IN THE NEXT STEP, YOU KNOW, GETTING INVOLVED WITH THE ARMY CORPS OF ENGINEERS WOULD JUST MESS UP THE WHOLE TIME. UH, NO, SIR, IT WILL NOT BE A GOOD TIME AS WE ALL KNOW. SO. ALL RIGHT. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS OF THE APPLICANT? I HAVE A COUPLE MORE SPEAKERS. ALRIGHTY. THANK YOU FOR COMING DOWN. MAY I ASK YOU BACK UP IF THERE'S A NEED TO THANK YOU FOR HEARING OUR CASE HERE, WE HAVE A MIKE DYER AND PENNY DYER. IF YOU WANT TO COME UP TO AT THE SAME TIME, THAT'S FINE. ACTUALLY. HAVE YOU LISTED TWICE? UH, YES, WE'RE A TEAM SO, WELL I'VE GOT YOUR NAME AT THE, YES. UH, I'LL GIVE HER BOTH OF THOSE. UH, MIKE AND PENNY DYER. WE LIVE AT 3,900, RIGHT BY MILLS PARKWAY, APARTMENT 5 23 IN GRAPEVINE, TEXAS. WE ARE RIGHT DOWN THE STREET FROM ANOTHER SIMON PROPERTY MALL AND WE LOVE IT THERE. WE HAVE HAD THE EXPERIENCE OF HAVING THE BIG HOUSES IN DALLAS AND THE VACATION HOMES IN COLORADO. WE LIKE OUR APARTMENT. WE HAVE [01:00:01] BEEN THERE NEARLY 10 YEARS AND WE WOULD LOVE FOR THIS PROPERTY TO BE USED LIKE THAT FOR MANY OTHER PEOPLE. AND WE THINK THIS IS A GREAT OPPORTUNITY, UH, FOR MR. NEIL AND HIS TEAM TO PUT TOGETHER, UH, SOMETHING LIKE THAT THEN, UH, THAT WILL, UH, BE, UH, WHAT WE HAVE, UH, THOUGHT OF FOR YEARS. UH, LIKE I SAID, WE HAVE, UH, HE SAID WE HAVE OWNED THE, UM, THE PROPERTY FOR 23 YEARS AND WE HAD BEEN, UM, OWNERS OF COMMERCIAL PROPERTY, UH, IN GARLAND FOR 46 YEARS IN 1976, UH, BUILT THE PENNIES, MANY SURF STORAGE, UH, FIRST ONE AT THE 2000 BLOCK OF, UH, SHALLOW. AND WE OWN THAT PROPERTY FOR NEARLY 25 YEARS. SO WE'VE BEEN, UH, IN GARLAND FOR A LONG TIME AND WE ENJOYED IT, UH, OUR, UH, STUDY HERE. UM, OKAY. YEAH, A LITTLE BIT ABOUT THE PROPERTY THAT, UM, UH, GRIFFIN WAS TALKING ABOUT. IT'S, UH, IT'S HAD SOME ISSUES AND WHEN I FIRST BOUGHT IT, UM, IT WAS JUST A LOW-LYING SCRUB BRUSH AND I HAD NO IDEA WHAT'S GOING TO HAPPEN TO IT, BUT I KNEW IT WAS NEXT TO THE, UH, PROPOSED, UH, TOLLWAY. SO I THOUGHT, OKAY, WE'LL GIVE HER A SHOT. SO HERE WE ARE, 23 YEARS LATER. I MEAN, THINK IT'D BE QUITE THIS LONG. UM, NOT THE PROPERTY, UH, IS, UM, GRIFFIN MENTIONED, UH, DOES HAVE, UH, SOME ISSUES. AND I WOULD LIKE TO, UH, TALK ABOUT THAT A LITTLE BIT IN, IN THE WAY, UH, WE'VE WORKED WITH THE CITY ON THAT. UM, AND SOME THINGS THAT CITY HAS MADE IT A LITTLE MORE DIFFICULT FOR US, UM, IN THE PAST, UM, ACCORDING TO THE CITY PLANS, THE, UH, RETAINAGE POND THERE, UH, WHEN THE FIRST, UH, DEVELOPMENT TO THE WEST WAS BUILT, THERE WERE SUPPOSED TO HAVE, UH, DETERMINED A, UH, HE'S WENT TO GO OUT TO THE FIREWALL PARKWAY. WELL THAT WASN'T DONE WHEN THAT PROPERTY WAS FIRST BUILT. AND, UH, SO THAT KINDA CAUSED SOME PROBLEMS, UH, UH, FOR US A LITTLE BIT. UM, THE SECOND THING, UH, W WAS OUR, OUR DIRT FIELD, UH, PROBLEM, AND, UH, GRIFFIN MENTIONED SOME PROBLEMS THAT COME UP WITH THEM THAT I'LL ELABORATE A LITTLE BIT, UH, WHEN YOU'RE ABOUT OUT OF TIME HERE, SO, OH, OKAY. SO, UH, PONY IS, UM, THE OTHER THING IS THEY BUILT, UH, A, UH, THE EASEMENT, UM, TO THE, UH, A POND THAT WAS BUILT ACROSS OUR PROPERTY WITHOUT OUR KNOWLEDGE OR OUR, UH, APPROVAL AND MET WITH THE CITY, UH, ENGINEER THERE. AND HE SAID, YEP, THAT'S WHAT HAPPENED. HE SAYS, SOMEDAY THE CITY WILL OWE YOU A FAVOR. SO I'M TRYING TO CALL THAT FAVOR IN TODAY TO APPROVE OF THIS. THANK YOU VERY MUCH. YEAH, WE DON'T QUITE WORK LIKE THAT, BUT YEAH, I WOULD JUST LIKE TO SAY A PERSONAL WORD ABOUT THIS PROPERTY, DID THE COMMISSION 23 YEARS AGO, UH, WHEN, UM, MIKE CAME IN AND SAID, WE BOUGHT THAT PROPERTY, I COULDN'T BELIEVE IT. AND IT WAS REALLY KIND OF LIKE A FAMILY MIRACLE TO ALL OF US. AND WE KNEW THAT WE WERE BLESSED WITH THIS TO SOUND IDEA, BLESSING. UM, AND WE ALSO KNEW THAT WE ARE STEWARDS OF THIS LAND FOR A TIME. NOW, WE DIDN'T THINK IT'D BE THIS LONG, BUT HOPEFULLY, UM, OUR STEWARDSHIP IS COMING TO AN END SOON, UH, WITH THE HOPEFUL TRANSFER OF THIS STEWARDSHIP, TO MR. NEIL AND TRUMAN PROPERTIES. UM, WE JUST REALLY WANT IT TO BE A BLESSING TO THE CITY OF GARLAND, UH, TO THE DEVELOPERS OF THIS PROPERTY, INTO THE FUTURE, UH, FUTURE RESIDENTS AND CITIZENS OF GARLAND THAT ARE GOING TO LIVE HERE SOMEDAY. AND SO I JUST RESPECTFULLY ASK YOU ALL TO PLEASE APPROVE THE JOAN ZONING CHANGE IN ALL PLANS AND DESIGNS AS QUICKLY AS YOU CAN THANK ALL FOR YOUR SERVICE TO THE CITY. THANK YOU. BUT WERE THERE ANY QUESTIONS OF THE, UH, DIYERS THERE? NOPE. THAT'S THE ONLY SPEAKERS I HAVE LISTED. IS THERE ANYBODY ELSE IN THE AUDIENCE WE SHOULD SPEAK ON THIS CASE, SEEING NONE? I'LL TURN IT OVER TO THE COMMISSIONERS MOTION DISCUSSION. MR. CHAIR, COMMISSIONER DALTON. I WOULD LIKE TO MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING AND APPROVES THE APPLICATION OF PARTS C AND D. I BELIEVE YOU HAVE HEART GALLAGHER AND ASSOCIATES WITH THE STIPULATION THAT THEY UNDERSTAND ACTUALLY IT'S PART AND B. OH, WELL, I I'M, I'M GOING DOWN THE UNDER ZONING. YEAH, PARTS A AND [01:05:01] B UH, WHAT'S A STIPULATION THAT THEY UNDERSTAND THE IMPORTANCE OF FOLLOWING UP WITH THE ENGINEERING DEPARTMENT CONCERNING THE DRAINAGE ISSUES AND SO FORTH. ALRIGHTY. UH, EMOTION BY COMMISSIONER DALTON WAS THE SECOND BY COMMISSIONER ROSE TO APPROVE ITEM TWO, A, THE AMENDMENT TO THE PLAN DEVELOPMENT AND ITEM TO BE, UH, THE DETAILED PLAN. AND THAT INCLUDES ALL THE DEVIATIONS, INCLUDING THE COVERED PARKING THAT DOES. YES. OKAY. YES. CONCUR. ALRIGHTY. ANY DISCUSSION ON THE MOTION? THE ONLY THING I'LL SAY IS THEY'RE FROM NORTH DAKOTA. THEY HAVEN'T HAD MUCH OF A TEXAS SUMMER. I THINK I'D WANT MORE COVERED PARKING OUT THERE. NO KIDDING. ALL RIGHT. WE HAVE EMOTION. NO MORE DISCUSSION. PLEASE VOTE AT PASSES UNANIMOUSLY. ALRIGHTY. THANK YOU VERY MUCH. NOW [Items 4C & 4D] WE'RE GOING TO GO ON TO ITEMS C AND D CONSIDERATION THE APPLICATION OF HART GOBLER AND ASSOCIATES REQUESTING APPROVAL OF AMENDMENT TO PLAN OF ELEMENT DISTRICT 20 DASH 17 FOR MIXED USES. THIS PROPERTY IS LOCATED AT 64 50 NORTH PRESIDENT GEORGE BUSH TURNPIKE ITEM TWO D CONSIDERATION OF THE APPLICATION OF ART GOBBLER ASSOCIATES REQUESTING APPROVAL OF A DETAILED PLAN FOR A GARLAND FIRE STATION ON PROPERTIES, ZONE PLAN DEVELOPMENT, DISTRICT PD, 20 DASH 17 PROPERTIES, 64 50 NORTH PRESIDENT GEORGE BUSH TURNPIKE. I WILL NOTE THAT THE APPLICANTS HERE AND ASK IF ANY OF THE COMMISSIONERS HAVE ANY QUESTIONS OF THE APPLICANT. I SEE NONE. AND LET'S SEE, I DON'T BELIEVE I HAVE ANY SIGNED UP SPEAKERS. ANYBODY IN THE AUDIENCE WISH TO SPEAK ON THIS CASE, SEEING NONE MOTION DISCUSSION, MR. CHAIR, COMMISSIONER DALTON. I MAKE A MOTION THAT WE APPROVE THE CLOSE, THE PUBLIC HEARING AND APPROVED THE APPLICATION AS PRESENTED BOTH PARTS. SECOND MOTION BY COMMISSIONER DALTON. THE SECOND BY COMMISSIONER OD TO APPROVE ITEMS THREE C AND 3D THE, UH, AMENDMENT TO THE PD AND THE DETAILED PLAN FOR THE FIRE STATION, YOU KNOW, DISCUSSION PLEASE VOTE. AND THAT PASSES WELL. IT SAYS EVERYBODY, OH, PASS IS A FIVE ONE WITH COMMISSIONER ROSE AND OPPOSITION. ALRIGHTY, NEXT ITEMS [Items 4E & 4F] ON OUR AGENDA. AND, AND THIS IS A, TWO-PARTER ALSO CONSIDERATION OF THE APPLICATION CHARLESTON. NOW I'M PROBABLY MISPRONOUNCING THAT AND I APOLOGIZE REQUEST APPROVAL OF A SPECIFIC USE PROVISION FOR RECEPTION FACILITY ON A PROPERTY ZONE COMMUNITY RETAIL. THIS PROPERTY WAS LOCATED AT 1, 1 4 6 BELTLINE ROAD AND ITEM THREE F CONSIDERATION OF THE APPLICATION, A CHUNKS ON NA REQUESTING APPROVAL OF A PLAN FOR OUR RECEPTION FACILITY ON PROPERTIES, OWN COMMUNITY RETAIL, THIS PROPERTY 1146 BELTLINE. I BELIEVE IF THE APPLICANTS HERE, UH, CARE TO SAY ANYTHING. YEAH. OKAY. JUST NAME AN ADDRESS AND TALK AWAY. UH, YES. SO THIS IS CHUNG. SO NOW, UH, UH, I'VE BEEN, WE HAD THE RECEPTION FACILITY FOR 12 YEARS AND, UH, UH, I REMEMBER THAT, UH, USED TO BE A UAA MOVIE THEATER. THAT'S WHY WHEN I WAS IN 1977, WHEN I WENT TO HIGH SCHOOL, WENT TO SEE THAT PLACE THREE TIMES FOR STAR WARS. THAT WAS A LONG TIME AGO. KNOW, UM, I LOVE THE PLACE I'VE BEEN IN CARLIN BEER. MY DAD BEEN HERE OVER 40 YEARS. I THINK IT'S THE HALL FOR WHEN HE WAS, UH, WE WERE AT HIS BUILDING IT'S A LONG TIME AGO. AND THEN, UH, WE NOT EXCITED. MY DAD DIED AND NOTHING I'M GOING TO BE HERE, YOU KNOW, UH, YOU KNOW, FOR A LONG TIME, UH, HOPEFULLY, BUT, UH, UH, THIS PLACE USED TO BE A MOVIE THEATER AND THEN I HAVE TO, THE SHOPPING CENTER WAS BUILT, THEN THE NEIGHBORHOOD CAME IN. THAT'S THE WAY I UNDERSTOOD. AND THEN I THINK THEY'VE BEEN THERE FOR LIKE 30 YEARS. AND AFTER THAT IT TURNED OUT NEUTRON, THE FORMER OWNER TURNED IT INTO A BAR. SO YEAH, THAT WAS A LOT OF, YOU KNOW, THERE WERE SHOOTING, THERE WERE STABBING, THERE WERE A LOT OF PROBLEMS SO WHEN I TRIED TO GET, UH, UH, ESPECIALLY FOR MIRA, [01:10:01] I HAD, UH, PROBABLY ABOUT 20, 30 HOMEOWNERS AS IT WAS THERE, YOU KNOW, UH, 12 YEARS AGO THEY WERE AGAINST IT, YOU KNOW, SO I HAD TO EXPLAIN WHAT I WAS, WHAT I WAS GOING TO DO IS JUST THE RISK. YOU KNOW, RECEPTIONIST IS A RECESSION FACILITY FOR WEDDINGS PARTIES, THE PARTY, AND THE PARTY IS MORE AND THEN A WEDDING ANNIVERSARY. AND I SHOWED TO THEM THAT I WERE GOING TO HAVE THE, YOU KNOW, KIND OF POLICE OFFICERS, JUST LIKE I DID AT THE, UH, PLAN ON RICH, YOU KNOW, PUT A NOTE IN THE DALLAS AND THE SAN ANGELO. WE ALWAYS HAVE A POLICE OFFICER. THEY WATCH IT, UH, BECAUSE WE HAVE, UH, UH, IN 12 YEARS WE HAVE, YOU KNOW, WE HAD, WE HAD A VERY FEW COMPLAINTS AND TWO COMPLAINTS. WE HAVE MAIN, IT WAS HIGH SCHOOL KIDS IN NIGHTTIME. THEY TURNED THE MUSIC ON, IN THEIR CAR TRYING TO SHOW OFF THEIR CAR. SO I HAD TO HAVE A POLICE OFFICERS WATCH THE PARKING LOT. AND THEN ON A THING IS WE HAD A, WAS, UM, YOU KNOW, WE HAVE POOR POTTY DOMES IN THERE. SOMETIMES ONE PARTY FINISHES AT 11, 12 O'CLOCK AND THEN THEY WANT TO PACK ALL THE GEARS, YOU KNOW, MUSIC, MUSIC SYSTEM, EVERYTHING THEY WANNA, UH, LEAP, UH, WHILE THE OTHER PARTY IS GOING. SO, YOU KNOW, THAT'S, WE HAD TO ADDRESS THAT ISSUE. WAS THERE A POLICE OFFICER TO MAKE SURE THAT OUR NO LEAVES THERE, UH, MUSIC STOPS AT ONE 15 FOR EVERYBODY. AND THEN THAT CAN ONLY GET OUT OF THEIR BUILDING AFTER, AFTER, YOU KNOW, EVERY OTHER ROOM IS FINISHED. SO THAT'S THE KIND OF, AND THEN A SOFT, YOU KNOW, THAT'S WHAT I THINK OF FOR 12 YEARS, WE HAVEN'T HAD MUCH ISSUE. I KNOW THAT WE HAD SOME COMPLAINT, I GUESS, BUT, YOU KNOW, UH, BUT THEY HAVE TO REMEMBER THAT. UH I MEAN, THEY HAD A MORE SONIC, BOOM SOUND. IF YOU WATCH THE STAR WARS, I MEAN, YOU, YOU'RE GOING TO SAY, YOU KNOW, YOU'RE GOING TO YOUR HEART GOING TO DROP, YOU KNOW, THAT'S HOW THE BIG THE NOISE WAS. THEN THEY USUALLY DO ON WEEKEND TO TWO O'CLOCK. THEY HAD A SPECIAL ON SATURDAY NIGHT AND ALSO A PLACE 99% OF TIME. IT'S ONLY ON SATURDAY AND, YOU KNOW, UH, BECAUSE OF A LOT OF PEOPLE THAT HAVE TO GO TO WORK. SO THEY, YOU KNOW, RECESSION AND ALL THAT HAPPENS ON SATURDAY NIGHT, 99% OF THE TIME. THAT'S WHAT I WANTED TO SAY. AND, UH, THANK YOU VERY MUCH FOR, YOU KNOW, CONSIDERING FOR THE, ESPECIALLY AS APPOINTMENT RENEWAL. ALRIGHTY. ANY QUESTIONS OF THE APPLICANT, MR. MR. CHAIRMAN, CAN YOU PLEASE HAVE THE APPLICANT STATE HIS NAME AND ADDRESS, OR HE STATED HIS NAME. GO AHEAD. YES, SIR. IT'S A CHANCE. C H O N G. SON IS A MIDDLE NAME AND NICE LAST NAME. N A UH, 1146 BELTLINE ROAD, CARLIN, TEXAS 7 5 0 4 0. THANK YOU. ANY QUESTIONS? SO YOU DID SEE THE LETTERS AND EVERYTHING. YES, SIR. COMMISSIONER DALTON. YOU FIRST, YOU JUST CHIMED IN. GO AHEAD. THANK YOU. YEAH, SOME OF THE QUESTIONS RAISED WERE OVER SOUND COMING OUT, THE BACKSIDE OF THAT BUILDING. YES, SIR. UH, IS IT A FREE EGRESS DOOR BACK THERE THAT OPENS UP INTO THAT ALLEYWAY FOR PEOPLE TO OPEN UP AND STEP OUT? MAYBE THEY WANT TO SMOKE A PACK OF CIGARETTES OR SMOKE A CIGARETTE OR THAT'S THE POLICE OFFICER'S JOB? MAKE SURE WE'VE PUT A SCIENCE THAT NO ONE LEAVES, NO ONE IS GET OUT OF THERE ON, YOU KNOW, UH, UNTIL THE PARTY IS OVER. SO WE HAVE POLICE OFFICERS WATCHING. WE ONLY HAVE ONE DOOR THAT GOING OUT. THAT'S WHAT WE'RE WATCHING. OKAY. UH, IS THERE ANY SOUND DEADENING SOUNDPROOFING ON THE BACK WALL OR IN THAT DOOR? UH, YEAH, SO UAA, THEY DID A GREAT JOB, BUT WE ADDED A DOUBLE INSPIRATION ON THE BACK OF THE DOOR. WE DID THAT 12 YEARS AGO. WHAT KIND OF INSTALLATION? A SOUND DAMPENING MATERIAL THAT WITH THE, UH, YOU KNOW, THEY ALREADY HAD EXISTING MORE WITH THE INSPIRATION, BUT WE ADDED, UH, ANOTHER INSPIRATION TO COVER. SO WE ACTUALLY BUILT A DOUBLE WALL JUST TO MAKE SURE NOT LIKE PINK INSULATION, LIKE YOU'D USE FOR HEATING AND COOLING, UH, MORE OF A HEAVY PACK. YES, SIR. SOME SOMETHING HEAVY. WE'RE TRYING TO GET A FLOOR PLAN UP ON THE SCREEN FOR YOU THERE. OKAY. UH, IT'S UP THERE, BUT YOU KNOW, ON MY GLASS, I NEED NEW GLASSES OR IT'S NOT IN FOCUS. THERE WE GO. HERE WE GO. IT'S UPSIDE DOWN. HERE WE GO. YOU'RE ALREADY. OKAY. SO YOU GOT, I ASSUME THE TOP OF THE PLAN IS THE BACK OF THE BUILDING. YES. OKAY. SO YOU DO HAVE TWO DOORS BACK THERE. YOU HAVE A LARGE ROOM IN THE MIDDLE AND WHERE DO YOU HAVE SOUND DEADENING INSULATION. CURRENTLY PLACED WARS. AND THEN WE'RE ABLE TO GET, OKAY. FROM 12 YEARS AGO TO CLOSE THAT OUT. UH, TWO DOORS, THERE WERE, NOBODY CAN GET UP TO THAT DOOR. DOESN'T EXIST BECAUSE WE GOT, OKAY. [01:15:01] WE HAD ENOUGH FOR BUGS AND SEX IT DOORS. SO WE DIDN'T, UH, WE DIDN'T NEED THAT DOOR. SO WE CLOSED IT. OKAY. THE TWO ADJACENT ROOMS ON THE OTHER SIDE, THEY ARE SEPARATED BY A WALL. YES, SIR. OKAY. DID THEY ALSO PUT SOUND INTO THOSE ROOMS? YEAH, WE DID THAT 12 YEARS AGO. ALL RIGHT. SO YOU HAVE SOUND DEADENING ON THAT BACK WALL THERE AS WELL? YES, SIR. I KNOW NO ONE, NO ONE HAS ACCESS TO THAT DOOR. OKAY. HAS ANYBODY ACTUALLY DONE ANY KIND OF STEADY BACK THERE TO SEE HOW LOUD IT IS OUTSIDE OR HAS? UH, WELL, I THINK I GOT THE POLICE RECORDS SHOWS THAT ARE FOR ALMOST FIVE YEARS. WE NEVER HAD A COMPLAINT. OKAY. AND THE MUSIC STOPPED AT THE ONE 15 AND SATURDAY NIGHT. SOMETIMES PEOPLE JUST DON'T WANT TO COMPLAIN. AND I UNDERSTAND, WE HEAR ABOUT UNTIL WE HEAR WE HAD A COMPLAINT WAS, UH, ON THE BACK, YOU KNOW, SOME HIGH HIGHS, YOU KNOW, SOME KID THAT COME THE MUSIC ON, IN OUR ALLOW. IT'S NOT OUR BUILDING. THEY ARE AT THE PARKING LOT. THEY DID A COUPLE OF TIMES WHO HAD TO STOP THEM. IS IT A, IS IT A SOLID WALL BETWEEN YOUR BUILDING AND THE RESIDENCE OR HAVE IT JUST WILD FENCER, BUT IT'S JU IT'S JUST A WIRE FENCE. THERE'S NOT ANY KIND OF SOUND DEADENING WALL AT ALL? NO, SIR. OKAY. OKAY. THANK YOU. ALL RIGHT. YEAH. LET ME EXPLAIN THIS. I WENT OUT THERE AND DROVE, DROVE THE BUILDING AND THAT CIRCLE ON THE RIGHT THAT'S WHERE A PAIR OF EXIT DOORS COME OUT NOW. AND IF THOSE ARE OPEN, IT COULD BE JET OUT TO THE SIDE. NOW THE ONES TOWARDS THE BACK ON THE RIGHT APPEAR TO BE PADLOCKED SHUT. AND THEN THERE WERE TWO DOORS IN THE VERY BACK WALL THAT HAD BEEN CMU DID CLOSED. AND THEN ON THE LEFT-HAND SIDE, THERE APPEARS THAT DOOR HAS BEEN PANELED OVER AND IS NON-FUNCTIONAL. SO MY GUESS IS IF ANYTHING'S HAPPENING AND MAYBE MORE DILIGENCE WITH YOUR OFFICERS TO HAVE HIM GO OUT THERE AND CHECK SOMEBODY, GETTING BACK THE BUILDING, TURNING UP THEIR SOUND, MAYBE THE ISSUES, UM, UH, ON AN OFF NOTE, JUST FOR YOUR OWN PURPOSES, HAVING THOSE TWO BACK DOORS CLOSED AND THAT BIG ROOM, I'M AN ARCHITECT. SO THAT LEADS ME TO BELIEVE YOU COULD HAVE AN EXITING ISSUE. AND I WENT OUT TO SMOKE. WE HAD THAT. IT'S JUST, YEAH, I HAVE TO HAVE TWO EXITS ONE HALF THE DIAGONAL PART AND EVERYTHING. SO DOUBLE-CHECK THAT JUST FOR YOUR OWN LIABILITY SAFETY AND EVERYTHING. YOU CAN EVEN ASK BUILDING INSPECTION TO DO A COURTESY CALL ON IT AND CHECK IT FOR YOU. AND THEN THE COMMISSIONER AUSTIN COMMISSIONER DALTON. THANK YOU, MR. CHAIRMAN AND COMMISSIONER PEARS. UH, THIS IS, UH, THIS IS, UH, YOUR FACILITY IS VERY CLOSE TO MY NEIGHBORHOOD AND, UH, I HAVEN'T SEEN VERY, UH, YOUR NEIGHBORS. YOU HAVE NICKEL RAMA THAT'S RIGHT NEXT TO YOU. AND THEN YOU HAVE SALLY'S PIZZA. THAT'S NEXT TO YOU. ALSO, YOU HAVEN'T HAD ANY TROUBLES WITH YOUR NEIGHBORS OVER THE YEARS. YOU HAVE LARGE PARTIES ON SATURDAY NIGHTS AND THAT'S PROBABLY A BIG BUSINESS NIGHT FOR THEM. THEY FOUND A WAY TO BE ABLE TO CO-EXIST WITH YOU, CORRECT? YES, SIR. OKAY. WELL, THAT'S TELLING THAT'S GOOD. UM, I REALLY DON'T HAVE ANY PROBLEMS WITH THIS FACILITY, SO IT'S, UM, JUST WANTED TO MAKE SURE THAT YOU'RE GETTING ALONG WITH YOUR NEIGHBORS. WELL, IT'S A SOLID IS WHEN WE HAVE A PARTY, THEY W THEY ORDER A LOT OF PIZZA FROM THE ALRIGHT. TAKE CARE OF THOSE ISSUES. EXACTLY. RIGHT. A LOT OF KIDS, THEY GO TO NICARAGUA AND PLAY GAMES. OKAY. SO IT WORKS WELL. YES, SIR. CAN MAKE SURE DALTON AND THEN COMMISSIONER PARIS. THANK YOU, MR. CHAIR. UH, FOLLOWING UP ON WHAT, UH, THE CHAIRMAN SAID ABOUT MAKING THOSE EGRESS DOORS, YOU CAN PUT SOME PANIC HARDWARE ON THEM THAT IS ALARMING HARDWARE. IT'S NORMALLY CLOSED. IT'S STILL PANIC HARDWARE. YOU CAN STILL EGRESS THE BUILDING, BUT IT WILL SOUND OFF AN ALARM WHEN THAT DOOR IS OPENED. AND THEN YOU WOULD HAVE A REASON TO HAVE A SIGN ON IT THAT SAYS, ALARM WILL SOUND IF THIS DOOR IS OPENED, UM, WE HA WE HAVE, AS A MATTER OF FACT, WE INSTALLED THAT THING AND WE, YOU KNOW, OVER THE YEARS IT STOPPED WORKING, UH, UH, OUR, OUR, YOU KNOW, MAKE SURE THAT, UH, YOU KNOW, IT A WORKING CONDITION AGAIN, BUT BECAUSE OF, WE HAD AN OFFICER'S THERE RIGHT THERE, BUT JUST FOR SAFETY, YOU KNOW, JUST FOR ANY KIND OF CONCERN, YOU KNOW, MAKE SURE IT WORKS AGAIN, RIGHT? CAUSE I'M SURE THOSE DOORS ARE CONSIDERED LEGALLY EXIT DOORS AND THEREFORE HAVE TO BE FREE GRASS IN SOME MANNER, BUT ALSO AT THE SAME TIME, GIVING YOU SOME KIND OF ALERTING THAT SOMEONE HAS OPENED THAT DOOR, THE OFFICER MIGHT NOT BE NEARBY ONE OF THOSE DOORS WHEN SOMEONE TRIES TO OPEN IT. AND THESE, UH, THE PANIC HARDWARE WILL SOUND THE ALARM AT THAT TIME. [01:20:01] UM, UH, IT SOUNDS TO ME LIKE THE APPLICANT HAS TRIED TO DO HIS DUE DILIGENCE IN, IN THIS PARTICULAR SCENARIO. SO, UM, WE KIND OF WOULD COME MOVE. UM, I'M, I'M LEANING TOWARDS APPROVAL AT THIS POINT IN TIME WITH A FEW MODIFICATIONS REPAIRS MADE TO THE FACILITY. THANK YOU. YES, SIR. THANK YOU, SIR. COMMISSIONER PEARS, MIKE, QUICK WAY. SO GO, GO AHEAD. THAT'S OKAY. MY QUESTION WAS JUST ON THE RENEWAL, THE SUP RENEWAL REQUESTS. IT DOES MEAN THAT THE TIME PERIOD GUIDE, SO I DON'T HAVE AN ISSUE WITH IT, BUT I WAS JUST CURIOUS IS YOUR, HAS IT TOTALLY EXPIRED AND YOU COMING FORTH FOR YOUR RENEWAL FOR THE SUP WE ARE ACTUALLY, WE DIDN'T KNOW WE HAD TO RENEW IT BECAUSE OF THE COLBY. YOU KNOW, WE, WE COULDN'T CONTACT ANY MONEY. I ASKED MY POLICE OFFICERS, YOU KNOW, UH, OFFICER PUMPKIN TO FIND OUT, HE SAID UP FOR, HE TOLD ME THAT WE DIDN'T NEED TO RENEW IT'S AUTOMATIC. THAT'S WHAT IT TAUGHT US. BUT LATER FOUND OUT WE HAD TO RENEW IT. SO, YEAH. UH, ON HIS BEHALF, THE SUP'S AND ZONING THINGS ARE USUALLY THE LAST THING ON ANY BUSINESS PERSON'S MIND. I WAS DISCUSSING THAT WITH MY WIFE EARLIER GO TOLD THAT'S EXPIRED BECAUSE WHO THINKS OF THAT? AND I WAS CURIOUS, HOW, HOW DO THEY KNOW, HOW, HOW DOES A PROPERLY, THEY DON'T, UH, BECAUSE 10, 15 YEARS HAVE PASSED AND YOU JUST DON'T THINK ABOUT IT. UH, YES. AND ACTUALLY, UM, THE, THE CITY STAFF NOTIFIES THEM, WE SEND OUT LETTERS, UM, TO, UM, APPLICANTS WITH EXPIRED SUP. SO THEY WERE WITHIN A CERTAIN PERIOD OF TIME BEFORE IT EXPIRES YOU SEND IT OUT OR AFTER. THAT'S WHY I ASKED THE OFFICER TO GO CHECK WITH THE CITY, BUT HE CAME WITH THE WRONG INFORMATION AND IT WAS JUST A REQUIRED INQUIRY. SO THANK YOU. APPRECIATE IT. YEAH. OUR POLICE OFFICERS, GOD BLESS THEIR SOULS, BUT THEY'RE NOT ZONING OFFICIALS. ALL RIGHT. THANK YOU VERY MUCH. THANK YOU, SIR. UH, I HAVE NO SPEAKERS LISTED, SO I'LL ASK IF THERE'S ANYBODY ELSE IN THE AUDIENCE WAS SPEAKING THIS TIME. YEAH, COME ON DOWN AND NAME AND ADDRESS PLEASE. UH, MY NAME AND FARM, AND MY ADDRESS IS 28 30 IS BEHIND THAT BUILDING AND FROM HERE TODAY AND, UH, GOING TO BE A GOOD EVENING, EVERYONE. AND, UH, UH, LIKE IS, FOR EXAMPLE, IF YOU, IN THIS CASE, IF YOU LIVE ON THAT HOUSE AND YOU KNOW EXACTLY HOW YOU FEEL, FOR EXAMPLE, I DRIVE MY CAR RIGHT HERE. THE CAR IS CALLED JUST A FEW MINUTES OR A FEW SECONDS, AND AN AUTOCAD NEXT TO YOU OR OUT THERE, AND JUST MAKE THE BIG SOUND AND VIBRATION. AND YOU FEEL OVER HERE, BUT IN MY HOUSE HOUR, TWO HOURS. EXACTLY. NOT THAT. AND HOW YOU FEEL THAT LINE. AND, UH, MY WIFE, UH, WORK IN WEEKEND, UM, SOMETIME WORKING WITH CAN SATURDAY VERY IMPORTANT TO US. AND HE'S, THIS IS A HUSBAND OF HER. HERS IS ON THE NEXT, MY DOOR IS A 28 34. AND I SAID, CAN YOU, IS HER NAME IS, UH, LAYING QUEEN AND CAESAR VIETNAMESE. SHE CANNOT SPEAK ENGLISH AND I'M GOING TO SPEAK FOR HER. OKAY. AND EVERY DAY LIKE THAT, EVERY NIGHT ON THE, ON THE WITKIN AND IT MAKES US OUR HEALTH IS BAD. MY WIFE, IT CANNOT SLEEP. AND, AND HER, HER HEALTH ISN'T BAD. AND WE, WE GET STRAIGHT ON. SO IT'S, IT'S DAY BY DAY. AND WE CANNOT COMPLAIN, UH, ANYWHERE HOW WE DON'T KNOW UNTIL WE SEE THAT AT ONE SCENE. I'M LUCKY IN OUR, OKAY, THIS TIME. AND WE COULD COME OVER HERE AND SEE IT. YOU GUYS CAN HELP US. AND THAT'S WHY WE COME OVER HERE AND I ASKED YOU, GOD, HELP US. UH, CHRIS KNEW IT WAS AN INDUSTRY STRICT. I NEED YOUR HELP. YEAH. WE, WE VOTE FOR YOU AND WE NEED YOUR HELP. WE REALLY NEED YOUR HELP. YEAH. YEAH. THAT'S ALL I NEED. AND IT'S THE VIBRATION AND THE LADY ACROSS THE MAI AND THIS HOOD SEE IS, UH, NURSING AND SEE, SEE HIS NURSE AND SEE, UH, UH, INDIA. AND, UH, BAD IS THE NOISE, BUT THE VIRUS, THE VIBRATION VIBRATION AND IS REAL BAD AND DROP YOUR HEART. IT IS EVERY TIME THAT, THAT, AND , YEAH, , THIS IS A SKIN BE MARTA. UH, HE'S WORKING EARLY. AND IF HE CANNOT SLEEP IN AT TIME, IS HE WORKING AS AN EVERY DAY AT FIVE, FIVE IN THE 5:00 AM EVERY MORNING, EARLY MORNING. AND IF THAT IS HE CAN'T, HE CANNOT GO, GO TO WORK. IS HE LOOKS, LOOK, [01:25:01] LOOK, THEY SEE HOW, HOW, HOW, HOW SKIN IS HE? THAT'S THE ONE THAT, THAT REASON TO, AND I DID NOT, I HAVEN'T READ AND AGAIN, UH, SHE SAYS ABOUT FOUR WEEKS AGO AND SHE GETS, UH, SOME BEER THROW IN, UH, IN, UH, BEHIND HER, HER, UH, DRIVEWAY OR GARAGE AND, UH, TO BE A BROCKTON AND ONE IS NOT BROKEN. AND SHE ALSO GOT TO THE HEART DIZZY. AND THAT'S WHY THIS IS YOU CANNOT SLEEP AT NIGHT. THAT'S HOW, THAT'S THE VIBRATION. THAT'S WHAT HE SAY. OKAY. REALLY, SOME PEOPLE WOULD LIKE TO TALK TO COMMISSIONER WILLIAMS. YOU'RE SAYING THIS HAPPENS BEHIND THE BUILDING IN THE ALLEY. AND WE HEAR THE SOUTH ON THAT BUILDING FOR THIS, THIS BUILDING. SO IT'S NOT A CAR, NOT A CAR. THE CAR IS FOR, FOR EXAMPLE, EXAMPLE, IF YOU STAY IN NEXT, YOUR CAR, THEY'LL CALL OUT THE STREET IN THE CAR. IT'S A HALF A REFI MUSIC IN THERE. AND WHEN THE CAR RIGHT THERE, AND YOU CAN FEEL THAT, BUT THE PERSON IN THE CAR CANNOT FEEL IT, BUT THE OUTSIDE THE PEOPLE AROUND THERE AND CAN FEEL CAN, CAN HOLD THE VIBRATION OF THAT SOUND. THAT'S A FEW MINUTES OR FEW SECONDS WHEN YOU PASS BY, BUT IN YOUR HOUSE, IN MY HOUSE RIGHT NOW IN THE FOUR HOUR, TWO HOUR, THAT'S THE NASA, HOW YOU FEEL THAT, RIGHT? THAT'S THE EXAMPLE OF THE CAR AND COMPARE WITH YOUR HOUSE. STAY RIGHT THERE WITH US BUILDING WITH THE SOUTH, SAID EVERY WEEK OR EVERY WEEK, MOST OF THEM EVERY WEEK. THANK YOU, MR. CHAIRMAN. UH, AND ACTUALLY COMMISSIONER DALTON MAY BE ABLE TO ASK QUESTIONS BETTER THAN I CAN, BUT SO YOU'RE HEARING THE LOW VIBRATION COMING THROUGH THE WALLS OUT OF THE BUILDING, THIS ISN'T THROUGH OPEN DOORS OR ANYTHING. IT'S LOW VIBRATION SOUNDS COMING THROUGH THE WALLS. YEAH, THE SOW AND THE VIBRATES VIBRATION IS A SIMILAR A SEC, YOUR, YOUR BODY. AND SOMETIME IF YOU FEEL YOU SICK YOUR HAIR TOO, SOMETIME IT'S VERY, VERY BAD VIBRATION. OKAY. YEAH. COMMISSIONED AND I'M, UH, THE BACK OF THE WALL IS A CONCRETE BLOCK AND IT MAY BE A SINGLE WHITE CONCRETE BLOCK WALL. I WASN'T ABLE TO GO IN AND CHECK THAT OUT. I WOULD HAVE, SO THERE MAY BE SOME DAMPENING THINGS THAT CAN BE DONE AND I'LL LET YOU TAKE IT FROM HERE, SIR. WELL, THAT WAS WHY I WAS ASKING ABOUT WHAT TYPE OF INSULATION HE WAS USING BECAUSE THERE'S A THICK PACK AND THERE'S A THIN PACK AND IT WILL TAKE A THICK PACK INSULATION TO DEADEN THE SOUND COMING THROUGH THOSE WALLS. UM, IT'S ALSO POSSIBLE AND WE MIGHT GET THE APPLICANT BACK UP. YEAH. IF THERE IS ANY SOUND DEADENING IN THE ROOF, IN THE CEILING AREA OF THE SPACE, UM, W WE'LL ASK YOU BACK UP HERE IN A SECOND TO GIVE YOU SOMETHING TO THINK ABOUT FOR A MINUTE, BUT, UM, BETWEEN, WHEN IS THIS SCHEDULE FOR COUNCIL? UM, SORRY, I'M JUST LOOKING AT THE CALENDAR HERE. I BELIEVE THAT'LL BE THE FIRST CITY COUNCIL MEETING IN JUNE, JUNE 7TH. OKAY. SO WE, WE'VE GOT A LITTLE BIT OF TIME THERE. UM, IF WE APPROVE THIS, I WOULD LIKE TO MAKE A STIPULATION THAT SOME TYPE OF SOUND STUDY BE DONE. UM, THERE ARE COMPANIES OUT THERE THAT ARE CONTRACTING COMPANIES, LIKE THEY WOULD WORK ON YOUR HOME TO DO ACOUSTIC WORK. THIS IS NOT AN ACOUSTICAL CONSULTANT. THAT'S GOING TO CHARGE THOUSANDS OF DOLLARS. IT'S A AND R AN ACOUSTICIAN, BUT THERE'S ACOUSTICAL CONTRACTORS THAT DO THIS FOR A LIVING IN SCHOOLS AND HOMES AND PLACES LIKE THAT, UH, THAT WOULD COME OUT. THEY WOULD HAVE TO DO IT IN THE EVENING AT NIGHT WHEN ONE OF THESE PROGRAMS [01:30:01] IS GOING ON AND DO A SOUND STUDY OUTSIDE. AND IF IT PROVES TO BE OBJECTIONABLE PARK CITY'S CODE, THEN SOMETHING'S GOT TO BE DONE PRIOR TO IT BEING APPROVED FOR RENEWAL. UM, I KNOW WE, WE'VE GOT SUCH A SHORT FUSE THAT WE HAVE TO LIVE WITH RIGHT NOW. UM, I WOULD LOVE TO KNOW THE TYPE OF INSULATION FOR SURE THAT IT'S STICK PACK, BECAUSE I HAVE SEEN THAT INSULATION JUST COMPLETELY DEAD IN A ROOM. YOU WALK IN IT AND YOU JUST FEEL THE SILENCE INSIDE THAT SPACE. UM, THERE MIGHT BE THE POSSIBILITY OF REQUIRING ELEVATION OF THE SUBWOOFERS. THAT'S WHY I SAY WE NEED SOME KIND OF SOMETHING NEEDS TO BE LOOKED AT HERE BECAUSE THE SUB FOR SITTING ON THE FLOOR OR HANGING IS GOING TO REALLY TRANSPIRED THROUGH THE CONCRETE REAL EASY. UM, THAT'S SORT OF MY CONCERN HERE. AND IT MAY BE SOMETHING AS SIMPLE BECAUSE A SINGLE WALL WE'LL GET A RESONANCE GOING AND A SOUND THAT GO STRAIGHT THROUGH EVEN ANOTHER, EVEN A STUD WALL WITH A COUPLE LAYERS OF GYP BOARD, ONE SIDE, ONE, AND THE OTHER, OR RESILIENT CHANNELS MAY CHANGE RESONANCE. SO IT DOESN'T GET OUT EAR. YOUR POINTS YOU JUST MADE IS EXTREMELY IMPORTANT. IF YOU HAVE DOUBLE INSULATION IN A WALL WHERE YOU HAVE AN EXTERIOR AND YOU HAVE A THICK PACK INSULATION, AND THEN YOU HAVE SOME KIND OF A TWO BEFORE SOMETHING IT'S GOTTA BE OFFSET, YOU CANNOT HAVE A CLEAR PASSAGE THROUGH AND THROUGH. SO THE SECOND ONE WITH THE THICK PACK, NOW YOU HAVE CREATED AN ABSOLUTE DEAD AIR SPACE BETWEEN, BUT YOU'RE RIGHT. A STUDY WOULD TELL US A STUDY HAS GOT TO BE DONE ON THAT PARTICULAR SCENARIO. IF IT'S BOTHERING THEM THAT BADLY. NOW I WILL SAY, I WOULD HAVE THOUGHT WE HEARD WOULD HAVE HAD MORE COME DOWN THAN JUST ONE FROM THE NEIGHBORHOOD. WE DID HAVE SEVERAL FROM THE NEIGHBORHOOD PUT IN OPPOSITION. HE'S REPRESENTING THREE OF THE HOUSES. YEAH. OKAY. UM, I'M NOT SURE HOW WE WOULD WORD IT. I'M NOT SURE WHAT CITY ATTORNEY WOULD HAVE TO SAY ABOUT WHAT WE CAN DO. AND THAT REGARD IF WE WERE TO APPROVE WITH THE PROVISION THAT THEY GET SOME KIND OF STUDY DONE. YEAH. WELL, WE CAN ASK THE AFRICAN BACK UP AND WE CAN ALSO INFORM HIM OF HIS RIGHT TO POSTPONE THE CITY CONSOLE TIME TO ALLOW TIME TO TAKE CARE OF THIS TOO. RIGHT. WE CAN'T ASK HIM TO DO IT, BUT WE CAN LET THEM KNOW THE OPTION, I BELIEVE. ALL RIGHT. SAID YOUR ATTORNEY'S GOT, AND, UH, YOU CAN, YOU CAN CONDITION THE SUP IN SOME WAYS, BUT, BUT IT'S VERY DIFFICULT TO IMAGINE HOW YOU DO THAT WITHOUT A STUDY TONIGHT. RIGHT. BUT AS YOU CAN'T SAY, WE'LL CONDITION IT BASED ON SOME CONDITION THAT WE DON'T KNOW WHAT WE'RE GOING TO REQUIRE THEM TO DO TO MEET. AND THAT'S KIND OF THE PROBLEM YOU'RE FACING WITH THIS. AND IF I COULD, MR. CHAIRMAN, I DON'T KNOW IF THIS ADVANCES IT BEYOND THAT, BUT, UH, JUST AS A REMINDER, THERE IS A PROVISION IN THE SPECIAL STANDARDS IN THE GDC FOR SECTION FACILITIES WHERE IT SAYS, UM, THERE'S A SUBSECTION NOISE, NOISE MITIGATION. THIS IS AGAIN, SPECIFIC TO RECEPTION FACILITIES, UH, WHERE IT SAYS THAT WE CAN'T, UH, MUST ADD NOISE MITIGATION MATERIALS TO THE EXISTING BUILDING IF DETERMINED, NECESSARY BY THE CITY TO PROTECT SURROUNDING PROPERTIES AND THE PUBLIC HEALTH SAFETY WELFARE. SO AGAIN, I UNDERSTAND THAT. YEAH, WE DON'T KNOW WHAT THAT IS EXACTLY. BUT PER THAT SUBSECTION, UM, PERHAPS THE STUDY, UM, CAN HAVE SOME RECOMMENDATIONS, UM, THAT HELP WITH THAT PARTICULAR SUBSECTION, IT COULD BE ASKED FOR PROOF OF COMPLIANCE WITH THE STANDARD, WHICH WOULD REQUIRE A STUDY. I MEAN, I, I THINK THAT WOULD PROBABLY WORK THAT THEY COMPLY WITH THAT SPECIFIC SUBSECTION THAT WE'LL JUST RAISED THAT THEY HAVE NOISE MITIGATION, UH, APPROPRIATE NOISE MITIGATION. UH, AND LET ME ASK YOU PLACE MISSION ADULT AND THE NUT. WE HAVE CERTAIN DECIBEL LEVELS, BUT DIFFERENT FREQUENCIES BRING IN DIFFERENT DECIBEL LEVELS AND I MAY BE WRONG, BUT DO LOW FREQUENCIES HAVE AS HIGH DECIBEL LEVELS. AND THEN YOU STILL FEEL IT, OH, YOU CAN FEEL THE LOW FREQUENCIES. AND IT'S A PASS AS FEEL SO THEY COULD POSSIBLY COMPLY WITH THE SOUND LIMIT A PROPERTY LINE, BUT YOU COULD STILL FEEL LOW RESONANCE. [01:35:01] WELL, WE'RE GETTING INTO THE WEEDS HERE TONIGHT. I KNOW, BUT WE'RE, WE'RE TRYING TO HELP YOU OUT HERE. YEAH. THANK YOU VERY MUCH IN A SOUND. AND THE VIBRATION IS NOT ONLY IS ONE. SAL IS THE VIBRATION IT'S CAUSED US A PROBLEM TOO. YEAH. AND COMMISSIONER ROSE WHEN HE COMES BACK. THANK YOU VERY MUCH FOR COMING DOWN. WE APPRECIATE IT. AND, UH, THANK YOU FOR TAKING THE TIME. THANK YOU VERY MUCH, EVERYONE. THANK YOU. AND, AND IF MR. PLEASE COME BACK DOWN. UH, YES, SIR. DO YOU UNDERSTAND THE CONVERSATIONS THAT WE HAVE HAD WITH RESPECT TO THE SOUND AND GETTING ENGINEERS OUT THERE TO DETERMINE THE LEVEL AND SO FORTH AND HOW WE MIGHT WORD IT SO THAT YOU'RE NOT COMPLETELY APPROVED TONIGHT, BUT IT WILL BE PASSED ONTO THE COUNCIL WITH THIS STUDY BEING DONE FIRST. OKAY. I JUST WANT TO SAY THAT, THAT WHEN YOU A MOVIE THEATER WAS THERE FIRST AND THE NEIGHBORHOOD WAS A SECOND, THAT WAS THE MAIN POINT WHEN WE GOT THE SPECIAL USE PERMIT 12 YEARS AGO. AND THEY DID A, UH, THEY MADE US SIGN IT, BOOM, YOU KNOW, WITH THE TOBY SOUND SYSTEM AND ALL THAT. SO THAT WAS THE NEIGHBORHOOD. THAT'S WHAT THEY TAUGHT US, YOU KNOW, THAT THEY USED TO IT, YOU KNOW, WITH THE UAA MOVIE THEATER THERE. AND THEN, UH, WE DID EVERYTHING WE COULD TO MAKE. YOU KNOW, WE DIDN'T WANNA HAVE ANY COMPLAINT. WE WANT IT TO BE A NICE NEIGHBORHOOD WITH EVERYBODY. THE HOMEOWNER ASSOCIATION, WE HAD A REAL GOOD RELATIONSHIP WITH THEM. WE HAD A HOMEOWNERS ASSOCIATION, WE HAD A GARAGE SELLERS AT OUR PLACE, YOU KNOW, UH, JUDY, I THINK SHE WAS THE PRESIDENT OF THE NEIGHBORHOOD. AND SO, UH, AND THE WAY I EXPLAINED TO HER, YOU KNOW, WHAT WE'RE DOING TO, YOU KNOW, WE DIDN'T WANT TO HAVE A, YOU KNOW, WE DIDN'T WANNA HAVE ANY, YOU KNOW, UH, COMPLAINT. SO THAT'S WHY WE MET ALL THAT IMPROVEMENTS AT OUR FACILITY. BUT I KNOW NOTHING IS A HUNDRED PERCENT, YOU KNOW, WHEN SOMEBODY'S A OPEN DOOR, THERE'S NOTHING WE CAN DO. AND THEN I KNOW SOME, WE HAD A, I THINK IT WAS 10 YEARS AGO, WE HAD A COMPLAINT WAS KEPT ON COMING UP FROM THE CROSS STREET, FROM THE, UH, APARTMENT. THEN WE FOUND OUT WHY, BECAUSE THE, UH, SHE WAS, SHE HAD LIKE 30 CATS IN HER APARTMENT. SO POLICE OFFICER, THEY WANT OVER THERE, THEY TALK THEN, THEN, UH, THEY FOUND OUT WHAT, WHAT SHE WAS DOING. THAT'S ALL THE CATS WAS GOING NERVOUS. THEY, THEY HAVE MORE HIGH SENSITIVE TO, YOU KNOW, THE, UH, MUSIC, THE VIBRATION AND ALL THAT. SO, UH, YOU KNOW, ON THAT. SO THAT'S WHAT WE WERE GETTING OUT OF COMPLAINT AT THAT AT THE BEGINNING. BUT, UH, YOU KNOW, THEY, I THINK APART TO MY FOUNDER, SHE HAD LIKE 30 CATS. THEY REMOVED HER. AND THEN OTHER THAN THAT, I READ THAT, YOU KNOW, THEY DIDN'T KNOW, WE DIDN'T HAVE THAT MANY COMPLAINTS IN 12 YEARS. WE'VE BEEN THERE. YEAH. THANK YOU. COMMISSIONER DALTON. I THINK HE HAD A FOLLOW-UP YOU MENTIONED MOVIES IN A MOVIE THEATER WHEN SUBWOOFERS ARE USED IN MOTION PICTURE THE LOW FREQUENCIES BELOW A HUNDRED HERTZ, THEY ARE TYPICALLY AFFECTS. THERE'S AN EXPLOSION. THERE'S JUST A SINGLE BOOM. IT HAPPENS. AND THEY MOVE ON TO ANOTHER SCENE OR ANOTHER PORTION OF THE SAME. IF YOU'RE LISTENING TO MUSIC, ESPECIALLY THE MUSIC OF TODAY, IT IS A CONSTANT BOOM, BOOM, BOOM, BOOM, BOOM, BOOM. IT'S CONSTANT. IT'S NOT JUST A, ONE-SHOT A ONE-SHOT WOULDN'T BOTHER ME A BIT, BUT A CONSTANT BOOM. SOMEBODY PULLS UP NEXT TO ME. I WANT TO GET OUT OF MY CAR AND PULL THE BATTERY OUT. FIRST OFF. THEY DON'T REALIZE WHAT DAMAGE THEY'RE DOING TO THEIR OWN HEARING AND ROCK AND ROLL FROM MY TEENAGE YEARS OF THE BEACH BOYS AND THE DOORS AND STEPPENWOLF, I HAVE TENDONITIS AND IT WILL JUST GET WORSE. UM, ANOTHER THING IN, YOU DON'T KNOW THE CONFIGURATION OF THE SYSTEMS IN THAT THEATER PRIOR TO YOU TAKING OVER WHATEVER WAS THERE WAS REMOVED, ANY ELECTRONICS WAS TAKEN OUT, THEY COULD HAVE HAD CAVITY SET UP TO PREVENT WON'T PREVENT IT, BUT IT WILL REDUCE IT SOMEWHAT LOW FREE COUNTRIES FROM GOING THIS WAY AND BEING SENT THAT WAY. NOW LOW FREQUENCIES ARE TYPICALLY VERY NON-DIRECTIONAL, BUT THEY CAN BE DAMPENED ONE WAY OR THE OTHER FROM, UH, FROM THE SPEAKER LOCATION. UM, I'M SURE THE GROUPS THAT ARE COMING OUT AND USING YOUR FACILITY AND PUTTING A SOUND SYSTEM IN TEMPORARILY ARE MOST LIKELY SHOOTING STRAIGHT DOWN OR STRAIGHT UP WHAT'S TO DO LIKE THE HISPANIC COUNTRY WESTERN. YEAH. FIRST SHOOTING STRAIGHT UP IS PROBABLY GOING THROUGH THE ROOF TOO. THAT'S WHY [01:40:01] I QUESTIONED ABOUT HAVING DAMPENING IN THE ROOF. UH, UM, THERE'S GOT TO BE A WAY TO GET THIS MOVED ANOTHER STEP FORWARD, BUT WE NEED TO DO IT WITH THE CONSIDERATION AND CONCERN OF THE NEIGHBORS THAT ARE AROUND. WE'VE JUST GOT TO. YEAH, WHAT'S ALSO INTERESTING TO NOTE IS THE HOUSES THAT CAME IN SAYING NO ARE EITHER OFF TO THE WEST OR OFF TO THE EAST, THE HAZARDS DIRECTLY BEHIND. WE GOT NO RESPONSE, WHICH LED ME TO BELIEVE THAT A DOOR WAS OPEN OR KIDS WERE PARKING BACK THERE. SOME, I COULDN'T FIGURE IT OUT. AND NOW I'M EVEN MORE CONFUSED. THE 12 YEARS AGO, WHEN WE HAD A HEARING EVERYTHING THAT OUR HOMEOWNERS ASSOCIATION, A LOT OF OUR LADIES, THEY SET UP, THEY WERE USED TO WITH THE SONIC BOOM FROM THE MOVIE THEATER. SO IT DIDN'T BOTHER THEM. THAT'S WHAT THEY TAUGHT. THAT'S WHAT SAY COMMISSIONER WILLIAMS. THANK YOU. MR. CHAIRMAN HAS THIS GENTLEMEN HERE COMPLAINED TO YOU AT ANY TIME. THIS IS FALSE, TOM. I SAW HIM. I SAW THEM, SIR. THANK YOU, MR. CHAIRMAN. ALRIGHTY. IS THAT IT OF THE APPLICANT? DO WE HAVE ENOUGH TO CHEW ON? OKAY. THANK YOU VERY MUCH FOR COMING DOWN AND I DON'T BELIEVE THERE'S ANYBODY ELSE IN THE AUDIENCE ON THIS ITEM. THANK YOU, SIR. THANK YOU. SO COMMISSIONERS MOTION DISCUSSION. ALL RIGHT. A MOTION BY COMMISSIONER PARIS TO CLOSE THE PUBLIC HEARING AND A SECOND BY COMMISSIONER, UH, A MOTION BY COMMISSIONER PARIS. A SECOND BY COMMISSIONER WILLIAMS CLOSE. THE PUBLIC HEARING IS THE ONLY CLOSES A PUBLIC HEARING. PLEASE VOTE. WE ARE IN DISCUSSION MODE NOW STILL CHAIRMAN MY MICAH SALON. I DO HAVE TWO POINTS TO DISCUSS. SURE. A COUPLE OF THINGS HAVE COME UP FOR CONSIDERATION IN TERMS OF THE, THE SOUND STUDY, WHICH I DO AGREE BECAUSE FOR ME, THERE'S NOT CLARITY THAT AT THE BACK OF THE PROPERTY, IF THAT SOUND IS TRULY CONSISTENTLY FROM THE BUILDING OR IF THERE'S STILL CARS PROJECTING LOUD SOUND, THAT COULD CAUSE VIBRATION. SO I THINK A SOUND STUDY IS APPROPRIATE. THE SECOND POINT ON THE SOUND STUDY IN TERMS OF TIMING, NOT SURE HOW LONG IT TAKES TO SECURE A SOUND STUDY AND IMPLEMENT IT. SO NOT SURE IF IT WILL BE AVAILABLE FOR THE NEXT JUNE MEETING. SO WHEN WE DO, UH, TALK THROUGH THIS AND THINK OF CONSIDERATION FOR A VOTE, THINK ABOUT HOW WOULD THAT BE INCORPORATED INTO MAYBE SOME VERBIAGE THAT SAYS YOU'VE HAD SECURED A TIME STUDY BY THE CITY COUNCIL MEETING OR SOMETHING TO THAT NATURE. IT MAY NOT HAVE BEEN IMPLEMENTED, BUT YOU'VE MAY HAVE TAKEN THE TIME TO GET A REQUEST TO HAVE ONE. SO I WANTED TO TAKE THOSE TWO POINTS INTO CONSIDERATION AROUND THE SOUND STUDY, COMMISSIONER ROSE. I WOULD LIKE SOME, UH, INPUT FROM THEIR ATTORNEYS THAT HOW WE CAN, UH, WORD, UM, A VOTE IF YOU WILL, TO MOVE IT FORWARD, BUT SUBJECT TO SOME KIND OF A SOUND STUDY. I MEAN, HOW DO YOU, HOW DO YOU DO THAT AND MAKE IT WORK? I'VE BEEN RACKING MY BRAIN TRYING TO FIGURE THAT OUT BECAUSE YOU'RE TALKING ABOUT A SOUND STUDY WITH RESULTS THAT WE DON'T KNOW WHAT IT IS, WE'RE CONDITIONING AND ON. AND WE DON'T KNOW WHETHER THE SOUND STUDY WILL BE DONE AND WHAT THE RESULTS HAVE TO BE WITHIN. I MEAN, I THINK YOU HAVE TO, UH, I THINK THAT THE, UH, SUGGESTION MR. GREEN MADE OF, UH, OF WELL MAYBE REQUIRE THAT THEY COMPLY WITH THE NOISE MITIGATION, THE SOUND MITIGATION REQUIREMENTS, BUT I DON'T SEE HOW AT THIS HOUR AT, WITH WHERE YOU ARE, VIS-A-VIS THE, THIS CASE GOING INTO COUNSEL, HOW YOU REQUIRE A SOUND STUDY WITHOUT A SET OF GUIDELINES. YOU'RE GOING TO TELL THEM THAT IT HAS TO BE WITHIN. AND I THINK THERE WERE A LITTLE LATE FOR THAT AT THIS POINT. I CAN'T THINK OF HOW YOU WOULD WORD THAT. AND I DON'T KNOW IF WE'LL HAVE A SUGGESTION, BUT, WELL, I CAN'T THINK OF IT. WE COULD DO IT AS A SUGGESTION THAT THE APPLICANT GO OUT AND SECURE SOME KIND OF SOUND STUDY PROOF THAT HE WILL BE ABLE TO COMPLY WITH THE ORDINANCE AND BE ABLE TO PRESENT THAT AT CITY COUNCIL FOR THEIR CONSIDERATION. AND I BELIEVE MR. GARRON WILL PROBABLY FORWARD NOTES ABOUT THE MAJOR CONCERNS ABOUT SOUND TO THE CONSOLE, AND THEY WOULD TAKE THAT INTO CONSIDERATION. AND LIKE I SAID, HE ALWAYS HAS THE OPPORTUNITY TO REQUEST A POSTPONEMENT, UH, TO COUNCIL TO, UH, BEFORE THAT, YOU KNOW, IT IS HEARD NOW SEE THE REQUEST TO ONLY REPLIES TO THE DETAILED PLAN, BUT THEY'RE KIND OF LINKED TOGETHER. UH, ALTHOUGH TECHNICALLY WE COULD DISAPPROVE THE SUP THE DETAILED PLAN GOES THROUGH AS A NEGATIVE BECAUSE IT'S NOT [01:45:01] AN ALLOWED USE. AND THEN HE WOULD HAVE TO COME BACK THROUGH WITH A DETAILED PLAN AGAIN, AND IT BECOMES A WHOLE QUAGMIRE AND THE GUY IS TRYING TO RUN A BUSINESS. OUR JOBS JUST GOTTEN SO MUCH FUN. THANKS TO THE STATE. UH, LET'S SEE. COMMISSIONER WILLIAMS. THANK YOU, MR. CHAIRMAN. UM, I WAS ASKING, UH, I WANT TO ASK STAFF, UH, WHAT, UH, DOES HE HAVE TO HAVE PROOF THAT HE'S COMPLIED, BUT WITH WHAT YOU SAID, UH, HOW DOES THAT WORK OR DOES THE CITY GO OUT THERE AND INSPECT THE BUILDING AND HE'S EITHER COMPLIANT OR HE'S NOT, AND IF HE'S NOT, HE HAS TO COMPLY. HOW DOES THAT WORK? WELL AGAIN, THE, THE LANGUAGE ISN'T, UM, VERY, VERY SPECIFIC, AGAIN, IT SAYS THE APPLICANT MUST ADD NOISE MITIGATION MATERIALS TO THE EXISTING BUILDING, IF DETERMINED, NECESSARY BY THE CITY TO PROTECT THE SURROUNDING PROPERTIES AND THE PUBLIC HEALTH, SAFETY AND WELFARE. THAT'S, THAT'S THE ENTIRE SUBSECTION REGARDING NOISE MITIGATION FOR RECEPTION FACILITIES. IT'S A CLAUSE OR PROVISION THAT'S AVAILABLE. IF THE CITY HAS THESE CONCERNS AND WISHES TO HAVE THE APPLICANT ADD SOMETHING, BUT IT DOESN'T GET REAL SPECIFIC. UM, IF, IF THE COMMISSION'S DESIRE IS TO HAVE SOME SORT OF, UH, SOUND STUDY, SO TO SPEAK OR SOMETHING WHERE THE APPLICANT IS, UM, LOOKING INTO SOME TYPE OF MITIGATION MEASURES, UM, IF THAT, UM, IF SOMETHING COULD BE REPORTED TO THE COUNCIL BY THAT TIME OF, UM, SOME IDEAS PERHAPS THAT, UM, THAT HE'S BEEN ABLE TO EXPLORE, UM, PERHAPS THAT HELPS MATTERS ALONG A LITTLE BIT, BUT THAT'S, THAT'S ABOUT AS SPECIFIC AS THE PROVISION GETS MR. CHAIRMAN. YES. SO FOLLOWING UP ON WHAT THE DIRECTOR SAID, YOU KNOW, BUT FOR THE PREDICAMENT, THE LEGISLATURE HAS PUT US IN, UH, WE WOULD HAVE A WAY TO DEAL WITH THIS THROUGH A NOISE STUDY, AND THEN YOU COME BACK AND SAY, OKAY, YOU'RE GOING TO A CONDITION IN THE SUP WOULD BE NOISE MITIGATION SO THAT NO NOISE BEYOND WHATEVER LEVEL, BUT WE WOULDN'T EVEN THAT THE PROBLEM YOU HAVE, AND, AND I DON'T KNOW HOW TO ADDRESS THIS IS YOU DON'T KNOW WHAT LEVEL NOISE, MITIGATION LEVEL HE NEEDS AT VARIOUS PLACES AWAY FROM THE PROPERTY, BASED ON WHAT FREQUENCY IS MR. DALTON POINTED OUT DIFFERENT, DIFFERENT, UH, FREQUENCIES OF NOISE ARE GOING TO REQUIRE DIFFERENT MITIGATION AT DIFFERENT LEVELS TO PROTECT THE SURROUNDING NEIGHBORS. AND SO IT'S A VERY DIFFICULT POSITION. THE LEGISLATURE PUTS YOU IN. I DON'T SEE HOW YOU RESOLVE THAT. AND I DON'T KNOW THAT IT'S SOMETHING THAT PROBABLY THE LEGISLATURE GAVE A LOT OF THOUGHT TO IS THIS KIND OF PROBLEM FOR THESE KINDS OF CASES. YEAH. AND I'M CERTAIN IF IT'S COMPLIANCE, I DON'T THINK A CODE ENFORCEMENT WANTS TO SIT OUT THERE FROM 10 O'CLOCK TO TWO O'CLOCK ON A SATURDAY, THEY CHECKING NOISE LEVELS. SO YEAH. HOW DO WE DETERMINE COMPLIANCE? COMMISSIONED DALTON QUESTION STAFF. WE HAVE A CODE THAT SAYS THE SOUND SHALL NOT BE OBJECTIONABLE. DOES IT SAY WHAT LEVEL THAT OBJECTIONABLE IS? THE CITY, THE CITY HAS A NOISE ORDINANCE ABOUT HOW FAR OFF THE PROPERTY YOU SHOULDN'T BE ABLE TO HEAR THE NOISE, BUT, UM, DO WE NOT HAVE A DEFINITIVE DECIBEL LEVEL? WE DO. WE DON'T REALLY HAVE A GRACEFUL WAY. WE DON'T, THE POLICE DON'T ANY LONGER USE THAT METHODOLOGY, JUST WHETHER OR NOT THE SOUND CAN BE HEARD A CERTAIN DISTANCE FROM THE PROPERTY LINE, BECAUSE WE DON'T HAVE A GRACEFUL WAY TO MEASURE SOUND AND THE WAY YOU'RE SUGGESTING. SO CODE ENFORCEMENT DOESN'T HAVE ANY WAY TO POLICE DON'T HAVE ANY WAY, UH, BELIEVE IT OR NOT. THE FIRE DEPARTMENT PROBABLY DOES. UM, AND THEY WERE JUST HERE. YEAH, NO, THE, UH, IN THE INSTALLATION OF A FIRE ALARM SYSTEM IN A BUILDING, THE LEVEL HAS TO BE A CERTAIN HEIGHT. IT HAS TO BE WAY LOUD WHERE WE'RE TRYING TO GET IT BELOW A LEVEL. IT HAS TO BE REAL LOUD FOR FIRE ALARM. AND TYPICALLY A FIRE DEPARTMENT WILL HAVE METERS TO TEST THAT LEVEL, BUT THAT'S A WHOLE DIFFERENT DEPARTMENT. UM, TO SAY THAT A SOUND CANNOT BE HEARD A WAYS AWAY. SOMETIMES YOU CAN HEAR A CAR, THREE BLOCKS AWAY JUST DRIVING DOWN THE STREET. IT'S NOT, IT'S NOT THAT OBJECTIVE. YOU CAN'T JUST SAY, WELL, I CAN HEAR IT. SO IT'S OBJECTIONABLE. WE HAD SOMEONE IN HERE ONE TIME TALKING ABOUT 85 DECIBELS WAS OBJECTIONABLE TO [01:50:01] HIM YET HIS TESTIMONY WAS 85 DECIBELS AT MY POINT, BUT WE DON'T HAVE A DEFINITIVE LEVEL THAT SAYS IT SHALL BE BELOW THIS THRESHOLD. OH, THE, THE CITY'S NOISE ORDINANCE ACTUALLY DOES, BUT, BUT WE USE A PRESUMPTION. THERE'S A PRESUMPTION BUILT IN A STATUTE THAT SAYS THE PRESUMPTION IS IT'S ABOVE THAT LEVEL. IF IT CAN BE HEARD A CERTAIN DISTANCE FROM THE PROPERTY LINE. AND SO THAT'S HOW WE WRITE, THAT'S HOW WE WRITE CITATIONS SO THAT WE DON'T GO OUT WITH A DECIBEL METER, RIGHT. UH, BECAUSE OF THE DIFFICULTY IN CALIBRATING, A BUNCH OF OTHER PROBLEMS THEY HAVE FOR LAYPEOPLE POLICE IN CODE OFFICIALS TO USE DECIBEL METERS TO DETERMINE SOUNDS. SO WE USE ILLEGAL PRESUMPTION IN THE MUNICIPAL COURT FOR OUR NOISE ORDINANCE VIOLATIONS ABOUT WHETHER IT CAN BE HEARD FROM A CERTAIN DISTANCE FROM THE PROPERTY LINE. YOU ALL HAVE ENOUGH TROUBLES WITH TRAFFIC, UH, RADAR GUNS. YEAH. UM, YOU KNOW, WE'RE NOT GOING TO BE ABLE TO SOLVE THIS TONIGHT. AND SO MY SUGGESTION WOULD BE THE APPLICANT KNOWS THE ISSUES. UH, I WOULD RECOMMEND THAT HE GETS WITH THESE OWNERS AND ON A PARTICULAR NIGHT GO OUT, YOU KNOW, IF THEY'RE WILLING TO MEET WITH THEM OUTSIDE THEIR HOUSE AND EVERYTHING, SEE WHAT CARS SOUND LIKE, EVERYTHING ELSE IS THE EAR OF THE BEHOLDER, WHAT MAY BE OBJECTIONABLE TO SOME FOLKS ISN'T TO OTHERS. SO, UH, AND THEN IF HE NEEDS TO GET SOME STUDYING DONE, GET IT DONE AND, OR TELL CONSTANTLY HE'S IN THE PROCESS OF GETTING IT DONE BECAUSE WE REALLY CAN'T NAIL IT DOWN TONIGHT. AND COMMISSIONER ROSE IS THE APPLICANTS. SUP HAS IT EXPIRED? YEAH. GWEN, THREE YEARS AGO, IT WAS A 10 YEAR SUP RATHER THAN GRANTING THEM A NEW ONE OR PASSING IT ON TO COUNSEL, CAN WE PUT AN EXTENSION IF YOU WILL, OF THE CURRENT SITUATION SO THAT A STUDY CAN BE DONE TO WELL, I THINK SINCE THEY'RE ALLOWING HIM TO CONTINUE TO BE IN BUSINESS UNTIL THIS IS RESOLVED, IT'S NOT SHUTTING THEM DOWN RIGHT NOW. CORRECT? CORRECT. SO, SO CAN WE, UH, HERE, LET ME GET YOU MIKED UP AGAIN. THERE YOU GO. SORRY. CAN WE, UH, JUST POSTPONED THIS, UH, THAT'S WHAT WE'RE JUST TALKING ABOUT. WE COULD POSTPONE THIS SUP, BUT IT COMES WITH A DETAILED PLAN. MY QUESTION IS, DOES AN SUP HAVE TO HAVE A DETAILED PLAN WITH IT? DON'T LOOK AT ME WELL, AND, AND THE EXACT TERM WITH AN SUP IS NOT A DETAILED PLAN, DETAILED PLAN AS A SPECIFIC TERM TO A PLAN DEVELOPMENT. UH, HOWEVER, IN THE GDC, UM, IT DOES HAVE SOME, UH, REQUIREMENTS OF AN SUP. UM, IT DOES LEAVE SOME FLEXIBILITY OPEN FOR THE CITY, BUT IT, IT, IT LISTS, UM, THAT IT MAY INCLUDE A SITE PLAN AS PART OF AN SUP APPLICATION. WE TYPICALLY HAVE HAD THOSE INCLUDED WITH AS UPS AS JUST COMMON PRACTICE. UM, THAT'S A GREAT QUESTION. IT W I BELIEVE IT DOES SAY MAY. YEAH, WELL, IT SAYS MAY, SO WE MAY HAVE A SOLUTION HERE. IF WE, UH, DECIDED TO POSTPONE THE SUP LET THE PLAN SITE PLAN DIE WITH THE UNDERSTANDING THAT I THINK AMONG US, THAT IF, WHEN THE SUP COMES THROUGH, WE PUT THE CONDITION THAT IT DOES NOT NEED, OR STAFF UNDERSTANDS. IT DOES NOT NEED A SITE PLAN, CAUSE THAT'S MAY NEED A SITE PLAN, AND THAT WOULD GIVE THE APPLICANT TIME TO WORK OUT SOUND ISSUES AND BRING IT BACK. AND AM I ON LEGAL GROUND HERE? I'M TRYING TO THINK THROUGH HOW THE SHOT CLOCK RELATES TO THIS ON THE FLY. AND IT'S A, IT'S A PRETTY COMPLICATED ISSUE. YEAH. THE SHOT CLOCK, I ONLY THINK APPLIES TO PLANS DOES, AND I'M NOT AN ATTORNEY, ALTHOUGH I PLAY ONE ON TV, I THINK IT ONLY APPLIES TO THE PLAN. I'M TRYING TO IMAGINE WHAT IT IS. THEY'RE SEEKING HERE THOUGH. WHAT ARE THE THINGS SO CNS SUP, AND WHAT ELSE DID THEY SUBMIT TO US FOR APPROVAL? WELL, THEY SUBMITTED THE, UH, UH, UH, I'M SORRY, A PLAN APPROVAL OF A PLAN FOR A RECEPTION FACILITY ON PROPERTY ZONE. NOW IT SAYS, MAY NO, IT'S, IT'S EXISTING. IT'S NOT SOMETHING NEW THAT REALLY NEEDS, AND WE NEED TO SEE, TO BE APPROVED [01:55:04] THE PLAN FOR THOSE OF YOU WATCHING ON TV. THIS IS RIVETING TELEVISION, ISN'T IT? THE PLAN WE WOULD NOT REQUIRE YOU'RE SAYING, AND ONLY WELL, UM, WE COULD, EVEN WHICH STAFF BE ABLE TO RECOMMEND WITHDRAWING THE PLAN AND JUST LONE SUP TO STAND ON ITS OWN WITH US IN THE COUNCIL. COULD, COULD, UH, MR. GAREN MAKE ADMINISTRATIVE, I GUESS, I GUESS MY, I NEED TO HAVE A BETTER UNDERSTANDING THE PURPOSE OF THE PLAN WILL. AND, UM, I, I WONDER IF WE COULD HAVE A BRIEF RECESS. OKAY. IS ISN'T THE PLAN? WELL, EXISTENCE, I MEAN, WE'RE NOT, I THINK MAKING ANY CHANGES, I THINK STAFF WANTS TO CONSULT ON THE NATURE OF A PLAN AND USE OF THE PLAN AND HOW IT RELATES TO THE SHOT CLOCK LAW. SO WE WILL TAKE A 10, 15 MINUTE RECESS TO ADDRESS THAT. SO FOR 10, 15 MINUTES, WE ARE IN RECESS. IT'S ABOUT 8 32, ALL RIGHTY, UH, COMMISSIONERS IN ORDER TO KEEP THINGS SIMPLE BECAUSE THE STATE HAS JUST REALLY MESSED WITH OUR ABILITIES TO DO OUR DUTY, THE CITY CONSOLE, AS I FIRST STATED, IS GOING TO HEAR WHAT WE'RE TALKING ABOUT. AND IF WE GO AHEAD AND APPROVE SOMETHING TO THE FACT THAT THE APPLICANT COME TO COUNCIL PREPARED TO ADDRESS THE SOUND ISSUES THAT ARE HERE, AND I WOULD ALSO ADVISE, UH, YOU'VE YOU NEIGHBORS TO COME, COME BACK WHEN SERVED BY CITY COUNCIL TO SEE WHAT'S GOING ON. AND IF YOU ALL CAN GET TOGETHER AND EVEN WORK IT OUT AND YOU CAN BE HERE TO SUPPORT THEM, IT'D BE EVEN THAT MUCH BETTER. SO IT'S UP TO COMMIT IT'S UP TO THE COMMISSION TO MAKE ANY MOTION. WHAT COMMISSIONER ROSE W I'M NOT GOING TO MAKE A MOTION. AND I HAVE A QUESTION. YES. WHEN WOULD THIS COME BEFORE COUNCIL? UH, JUNE 7TH, SEVENTH, JUNE 7TH IS THE EARLIEST. SO THE, SO THE APPLICANT HAS SEVERAL WEEKS ABOUT, OH, CLOSE TO A MONTH. YEAH. TO, TO RESOLVE THE PROBLEM. OKAY. ALRIGHTY, COMMISSIONER DARWIN. THANK YOU. UM, WELL, THIS IS A, THIS STARTED OUT AS SOMETHING THAT SEEMED LIKE A VERY INNOCENT, UH, SUP RENEWAL AND IT'S TURNED INTO A REAL ODYSSEY. IT'S BEEN, IT'S BEEN VERY INTERESTING. AND, UH, I WANT TO FIRST SAY THANK YOU FOR COMING OUT AND LETTING US KNOW THAT THIS PROBLEM EXISTS. UM, WE'RE HERE TO S TO HELP, TO SOLVE PROBLEMS AND TO, AND WITHOUT THAT FEEDBACK, WE WOULD NOT HAVE ANY UNDERSTANDING THAT THERE IS A PROBLEM. OBVIOUSLY, THE, THE OWNER OF THE BUSINESS WAS NOT AWARE THAT, UH, THAT YOU WERE HAVING PROBLEMS AT YOUR PROPERTY. HE BEING A FAIR-MINDED BUSINESSMAN, I'M CERTAIN HE WANTS TO TRY AND FIND A WAY TO MITIGATE THIS. WE HAVE FOUR WEEKS UNTIL THE, UNTIL THE CITY IS, UH, UNTIL THE COUNCIL IS GOING TO BE HEARING THIS. AND SO I'D LIKE TO MAKE MOTION THAT WE, UH, THAT WE APPROVE THIS WITH THE STIPULATION, THAT THERE'D BE A, A SOUND STUDY DONE ON THIS AND TO, UH, PRESENT THAT, OR, UH, AS BEST THEY CAN TO COUNCIL. I DON'T KNOW WHETHER THEY CAN DO THAT IN FOUR WEEKS, BUT THAT'S A THAT'S, UH, BY STATE LAW, WE, OUR HANDS ARE SOMEWHAT TIED AND WE'RE LIMITED ON WHAT WE CAN DO. AND I THINK THAT'S ABOUT AS GOOD AS WE CAN DO. OKAY. MOTION BY COMMISSIONER AT A SECOND BY COMMISSIONER ROSE TO APPROVE ITEMS, TWO F AND TWO G THE SPECIFIC USE PROVISION FOR A 15 YEAR PERIOD. AND THE PLAN WITH THAT ON A PROVISION THAT YOU TRY TO ADDRESS AS MUCH AS YOU CAN ABOUT THE SOUND. BY THE TIME IT GETS A CITY CONSOLE. AND BEFORE WE VOTE, I WANT TO LET THE NEIGHBORS KNOW WE ARE AN ADVISORY BOARD TO THE CITY COUNCIL. WE ARE NOT THE FINAL WORD CITY COUNCIL IS, SO HAVE QUESTION COMMISSIONER ROSE. UM, THE APPROVAL OF THIS IS NOT, OH, BY THE WAY, WE THINK YOU SHOULD GET A SOUND STUDY DONE. I THINK IT NEEDS TO STAY. YOU MUST GET A SOUND STUDY DONE BEFORE. [02:00:01] IF POSSIBLE. I UNDERSTAND HE'S GOT PROBLEMS DEALING WITH IN BULK LEGALITY. THE BEST WE SHOULD DO IS THAT HE ADDRESSED THE SOUND ISSUES AS MUCH AS POSSIBLE, BE PREPARED TO PRESENT, TO CONSOLE, TO PROVE TO THEM THAT HE HAS SOLVED THE ISSUE. WELL, OKAY. I SEE A HEAD NODDING DOWN THERE AT THE END. I THINK, I THINK GIVEN THE FACT THAT WE DON'T HAVE ANY DATA ON WHICH WE COULD DO SOMETHING DIFFERENT. I THINK THAT CERTAINLY THE COUNCIL'S AWARE OF THESE MEETINGS AND A COUNCIL, MANY OF THE COUNCIL MEMBERS BEFORE A MATTER COMES BEFORE THEM WATCH THESE MEETINGS, I'VE HEARD THEM SAY SO, AND THEY'LL CERTAINLY HEAR YOUR CONCERNS. AND THEY, I BELIEVE WILL EXPECT THE APPLICANT TO BE ABLE TO EXPRESS HOW HE HAS RESOLVED THIS ISSUE AND WHAT STUDIES HAVE BEEN DONE. AND I ASSUME THAT THE NEIGHBORS WOULD BE THERE TO VOICE THEIR CONCERNS. IF IT HASN'T BEEN RESOLVED, COMMISSIONER PEARS, WE CAN JUST RESTATE THE MOTION, WANT TO BE SURE OF THE LANGUAGE THAT WE'RE ABOUT. SO THANK YOU. SEE IF I CAN REMEMBER WHAT I SAID. THANK YOU. THE MOTION IS TO, UH, UH, PROVE ITEMS TO, UH, UH, TO E AND TO F THE REQUEST FOR AN SUP FOR A PERIOD OF 15 YEARS AND THE PLAN THAT GOES WITH IT, AND THE PROVISION THAT THE APPLICANT, UH, BE PREPARED TO PRESENT A CONSOLE, ANY, AND ALL INFORMATION SHOWN ANY AND ALL EFFORTS AND SOLUTIONS HE HAS TO MITIGATE THE NOISE ISSUE. THE SECOND TIME WAS BETTER. WASN'T IT? ALL RIGHT. ALL ALRIGHTY. ANY DISCUSSION, PLEASE VOTE. AND WE'RE READY TO GO. AND THAT PASSES UNANIMOUSLY. SO IT'S ON THE CONSOLE NEXT FOLKS. AND THANK YOU VERY MUCH FOR ALL OF YOU COMING DOWN. WE DO APPRECIATE IT. ALL RIGHT. WELL, ALMOST ALMOST ADJOURNED. AND WE GOT ONE MORE ITEM. UM, [Items 4G - 4I] JUST AS A REMINDER, ITEMS, TWO H AND J, WHICH WERE THE APPLICATIONS OF MASTER PLAN AND GARDEN RECOVERY NETWORK HAVE BEEN POSTPONED AT THE APPLICANT'S REQUEST UNTIL MAY 23RD ONTO OUR MISCELLANEOUS ITEMS, FIVE, [5. MISCELLANEOUS] A THOROUGHFARE PLAN AMENDMENT. NOW THE THOROUGHFARE PLAN AMENDMENT, WHERE IT WAS PRESENTED TO US IS, UH, OH GOSH, WHICH ROAD IS THAT? LIONS? YEAH, THE EXTENSION OF LYONS ROAD, UH, IT'S JUST SMALL THROUGH TWO PARCELS. IT WAS PRESENTED TO US. AND I DON'T BELIEVE WE HAVE ANY SPEAKERS IN THIS ITEM. SO COMMISSION MOTION, DISCUSSION, SPEAK UP. THIS IS JUST TO PASS IT ON TO CITY COUNCIL FOR APPROVAL. MR. CHAIR. OKAY. COMMISSIONER DALTON, AND MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING AND PAST THE COUNCIL. SECOND. ALL RIGHT. A MOTION BY COMMISSIONER DALTON. A SECOND BY COMMISSIONER PARIS THAT WE MOVED THE SUGGESTED THOROUGHFARE PLAN AMENDMENT ONTO CONSOLE. PLEASE VOTE THAT PASSES UNANIMOUSLY. THAT WAS LAST ITEM ON OUR AGENDA. SO UNTIL OUR MEETING OF MAY 23RD, WE ARE ADJOURNED. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.