Oct 10, 2022 Plan Commission

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TALK TO ME. OKAY.

[Plan Commission Pre Meeting]

WELCOME TO THE WORK SESSION PORTION OF THE PLANNED COMMISSION MEETING OF OCTOBER 10TH.

WE HAVE OUR STAFF BRIEFING.

WE WILL TAKE A RECESS, AND THEN WE'LL COME BACK FOR THE PUBLIC HEARING PORTION AT 7:00.

THANK YOU. UH, FIRST, I'D LIKE TO GO OVER THE CONSENT AGENDA, IF THERE'S ANY QUESTIONS ON THAT.

ANY QUESTIONS ON THE PLATS OR MINUTES? I SEE NONE. FIRST CASE IS Z 2246 AND IT IS A POSTPONEMENT TO THE NOVEMBER 7TH PLANNING COMMISSION MEETING.

IS THERE ANY QUESTIONS FOR THAT? NO. WELL, NO.

THEY'RE DOING THEIR ONE POSTPONEMENT TO GET THEM OUTSIDE THE 30 DAY TIMELINE.

THEY WON'T BE ABLE TO POSTPONE AGAIN.

BUT WE DO NEED TO TAKE A VOTE TO ACCEPT THE POSTPONEMENT.

SO I WILL ASK FOR A MOTION TO APPROVE POSTPONEMENT.

SO YOU'RE KIND OF LIKE THE TIGER WOODS.

YOU JUST SHOW UP AT CERTAIN TOURNAMENTS AND.

IS THAT WHAT HE'S DOING NOW? YEAH. OH, YOU REMEMBER? I KEEP FORGETTING THIS.

JUST THE DISPLAY SETTINGS AND THE PLACE LIGHT.

THANK YOU SO MUCH. GOOD EVENING, PLANNING COMMISSION.

GOOD EVENING. SO WE'RE GOING TO BEGIN WITH THE FIRST REQUEST OF THE NIGHT.

Z 22,054.

THE APPLICANT IS REQUESTING A CHANGE OF ZONING FROM SINGLE FAMILY SEVEN DISTRICT TO COMMUNITY RETAIL DISTRICT.

THE SITE IS LOCATED AT 820 WEST MILLER ROAD SITE.

NOTE THE ONLY STREET FURNITURE ON THE SITE IS ACTUALLY ON MILLER.

THE APPLICANT IS LUIS FERNANDO GUTIERREZ.

THE SITE IS APPROXIMATELY 1.1 ACRES.

HERE'S A CITY WIDE MAP GIVING YOU AN IDEA AS TO WHERE THE SITE IS LOCATED WITHIN THE CITY.

AS A REFERENCE, THE NEAREST MAJOR INTERSECTION, WHICH IS GLENBROOK AND MILLER IS NEAR THE THE SITE.

A LITTLE BIT FARTHER TO THE TO THE WEST.

HERE'S THE LOCATION MAP.

THE TEAL COLOR LINE INDICATES THE LOCATION OF THE SUBJECT PROPERTY.

EVERYTHING YOU SEE IN YELLOW IS ZONED SINGLE FAMILY, EVERYTHING IN BROWN THAT'S MULTIFAMILY AND EVERYTHING IN RED IS COMMUNITY RETAIL, WHICH IS WHY THE APPLICANT IS REQUESTING THE PROPERTY TO THE PROPERTIES, TO THE TO THE EAST ARE DEVELOPED WITH SINGLE FAMILY HOMES, AN APARTMENT COMPLEX, AND FURTHER EAST THERE'S CHURCH COMPLEX, THE PROPERTY TO THE WEST AND THE SOUTH.

THAT'S THE SITE FOR RICK ODIN PARK.

THAT'S A PUBLIC PARK.

AND TO THE NORTH, THOSE PROPERTIES ARE DEVELOPED WITH SINGLE FAMILY HOMES AND A SHOPPING CENTER, WHICH HAS MULTIPLE COMMERCIAL LAND USES, INCLUDING GROCERY STORE, CONVENIENCE STORES AND A GAS STATION AS WELL.

JUST TO KIND OF GIVE YOU AN F Y, THIS LAND USE PATTERN THAT YOU SEE HERE WHERE YOU HAVE COMMUNITY RETAIL, THE RED NEXT TO RESIDENTIAL, THE YELLOW, THIS IS NOT THE ONLY LOCATION WHERE THAT HAPPENS.

THERE ARE DIFFERENT LOCATIONS THROUGHOUT THE CITY WHERE THIS LAND USE PATTERN OCCURS.

A COUPLE OF EXAMPLES FURTHER, FURTHER EAST ON MILLER.

AND FIRST YOU HAVE THAT YOU HAVE THAT SITUATION AND LET'S SAY KINGSLEY ALL ALONG.

KINGSLEY BETWEEN GARLAND AVENUE, NORTH CAROLINA AVENUE AND SATURN.

THE COMPREHENSIVE PLAN RECOMMENDS TRADITIONAL NEIGHBORHOODS.

NOW, TRADITIONAL NEIGHBORHOODS IS NOT A ZONING DISTRICT.

IT'S JUST A RECOMMENDATION AS TO HOW AN AREA SHOULD BE DEVELOPED.

TRADITIONAL NEIGHBORHOODS PROVIDE AREAS FOR LOW TO MODERATE DENSITY SINGLE FAMILY.

IT ALSO ALLOWS FOR SOME COMMERCIAL DEVELOPMENTS, PROVIDED THAT IT IS AT A SCALE THAT IS COMPATIBLE WITH THE ADJACENT RESIDENTIAL NEIGHBORHOODS.

TYPICALLY, YOU WILL FIND THESE COMMERCIAL DEVELOPMENTS ALONG THE MAJOR ROADS, INTERSECTIONS AND PREFERABLY WITHIN WALKING DISTANCE TO THE RESIDENTIAL NEIGHBORHOODS THAT THEY SERVE.

SO THIS PROPOSAL OFFERS AN OPPORTUNITY ON A TRACK ORIENTED TOWARDS MAILER FOR A SUPPORTIVE COMMERCIAL OR RETAIL USE TO THE SURROUNDING AREA, INCLUDING THE PARK AND THE

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FURTHERMORE, ANY TRACTION TRAFFIC GENERATED BY COMMUNITY AND RETAIL USES WILL BE FOCUSED ON ONTO WEST MAIL ROAD, WHICH IS A COLLECTOR ROAD, AND IT WOULD NOT INCREASE TRAFFIC THROUGH THE RESIDENTIAL AREAS.

PHOTOS. THE TOP LEFT PHOTO THAT'S THE VIEW OF THE PROPERTY FROM MILLER ROAD IS A ONE STORY BUILDING TOP RIGHT. THAT'S THE VIEW FROM THE SUBJECT PROPERTY OF THE PROPERTIES TO THE NORTH.

THOSE ARE THE COMMERCIAL, THE COMMERCIAL DEVELOPMENTS.

BOTTOM LEFT DOES VIEW FROM THE SUBJECT PROPERTY OF THE PROPERTY TO THE WEST AND THE SOUTH, WHICH IS THE PARK.

AND THEN BOTTOM RIGHT IS THE VIEW FROM THE PROPERTY OF THE PROPERTIES TO THE EAST, WHICH ARE THE RESIDENTIAL, THE SINGLE FAMILY HOMES.

SO WHAT YOU SEE THERE ARE THE PRIVACY FENCES.

SO RIGHT NOW THE SITE IS DEVELOPED AS A CHURCH.

THE APPLICANT THE CHURCH OWNS OWNS THE PROPERTY.

THE APPLICANT MAKES THE REQUEST WITH THE PURPOSE OF MAKING THE PROPERTY MORE MARKETABLE.

HOWEVER, AT THIS TIME THE PROPERTY IS NOT ON THE MARKET.

FURTHERMORE, THE APPLICANT HAS ALSO INDICATED THERE ARE NO PROSPECTIVE PARTIES INTERESTED ON THE ON THE PROPERTY, NOR ANY PROPOSED PLANS FOR REDEVELOPMENT IMPROVEMENTS OR EXPANSIONS AT THIS TIME.

MEANWHILE, THE SUBJECT PROPERTY WILL CONTINUE TO FUNCTION AS A CHURCH.

A COUPLE OF THINGS, FEW THINGS TO MENTION HERE.

THE COMMUNITY RETAIL DISTRICT, AGAIN, IT ALLOWS A VARIETY OF COMMERCIAL LAND USES THAT COULD BE ON A LARGE SIDE, YOUR TYPICAL SHOPPING CENTER.

BUT IT ALSO YOU CAN HAVE THE ZONING DISTRICT ON SMALLER LOTS WHERE YOU MAY HAVE JUST ONE BUILDING, SMALLER BUILDING AND HAVE COMMUNITY RETAIL USES FROM THERE.

IT COULD BE COMPATIBLE WITH RESIDENTIAL AS LONG AS AGAIN, THE SCALE IS CONSISTENT WITH THE RESIDENTIAL NEIGHBORHOODS. ALSO, ALL TRAFFIC GENERATED BY THE COMMUNITY RETAIL USES MUST BE FOCUSED ONTO MAJOR THOROUGHFARE NETWORKS AND THE DEVELOPMENT DEVELOPMENT IN A COMMUNITY AND RETAIL DISTRICT MAY NOT BE DESIGNED IN A MANNER THAT INCREASES TRAFFIC TO RESIDENTIAL AREAS.

NOW, IF THIS PROPERTY IS REZONED COMMUNITY OR RETAIL, ANY FUTURE DEVELOPMENT EXPANSIONS AND OR CHANGE IN LAND USE MAY TRIGGER THE SITE TO PARTIALLY OR FULLY COMPLY WITH APPLICABLE ZONING STANDARDS, SUCH AS SETBACKS, BUILDING HEIGHT AND DEVELOPMENT STANDARDS, FOR EXAMPLE, PARKING SCREEN, LANDSCAPING, BUILDING DESIGN.

THE ZONING CHANGE IS NOT GOING TO IMPACT THE LEGAL CONFORMITY OF THE CHURCH SINCE CHURCHES ARE ALLOWED IN IN ALL THE DISTRICTS.

FINALLY, THAT RECOMMENDATION IS APPROVAL OF THE REQUEST AS PRESENTED BY THE APPLICANT.

ARE THERE ANY QUESTIONS? COMMENTS? COMMISSIONER, ART AND COMMISSIONER JENKINS.

HEY HO! ZWEI! GOOD TO SEE YOU.

UM, I'M ASSUMING THAT THEY'RE WANTING TO GET OUT AHEAD OF THE FACT THAT THIS IS RIGHT ADJACENT TO THE SKATE PARK THAT'S ABOUT TO OPEN.

IS THAT CORRECT? WELL, IT IS, AND THAT'S PROBABLY A QUESTION FOR THE FOR THE APPLICANT, BUT IT IS DEFINITELY A COULD BE A FACTOR THAT COULD BE TAKEN INTO CONSIDERATION.

ALSO, THE THE FACT THAT THE SITE IS KIND OF LARGE FOR SINGLE FAMILY TO BE DEVELOPED THERE, KIND OF SMALL FOR MULTIFAMILY AND TOWNHOMES.

AND AGAIN, THERE'S A PARK NEXT NEXT TO IT AND THEY COULD PUT A CONVENIENCE STORE THERE OR SOMETHING LIKE THAT, A REST OR A SKATE SHOP OR A RESTAURANT OR SOMETHING LIKE THAT.

AND ALL OF THOSE THINGS COULD BE SUPPORTED BY COMMUNITY RETAIL.

YES, SIR. OKAY. THANK YOU.

THANK YOU, COMMISSIONER JENKINS.

AND THEN COMMISSIONER DALTON. EVEN.

SIR, CAN WE GO BACK TO THE PLAN MAP, PLEASE? HE'S OWNING A MAP. I APOLOGIZE.

PRETTY MUCH EVERYTHING IN THAT AREA IS LOW DENSITY, SINGLE FAMILY, RIGHT? YES, SIR. OKAY. WHEN YOU ARE MY UNDERSTANDING IS, AT LEAST ACCORDING TO GDC, WHEN YOU ARE PUTTING A COMMUNITY RETAIL IN PLACE, YOU ARE PERMITTING CERTAIN USES THAT MAY OR MAY BE INCONSISTENT WITH THE SURROUNDING AREA.

IS THAT POSSIBLE? WOULD YOU? IT DEPENDS AGAIN ON THOSE OTHER FACTORS.

FOR EXAMPLE, IF A MEDICAL OFFICE GOES THERE, WELL, THAT COULD BE COMPATIBLE IN THE BUILDING.

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IT COULD POTENTIALLY WORK.

I DON'T WANT TO SPEAK BECAUSE I DON'T I DON'T KNOW THE BUILDING VERY WELL, ESPECIALLY THE INSIDE.

BUT AGAIN, WE DO HAVE A LOT OF COMMUNITY RETAIL NEXT TO RESIDENTIAL, SO IT WILL NOT BE UNIQUE IN THAT SENSE.

IF IT IS REZONE COMMUNITY RETAIL, IT WOULD ALLOW AN ARRAY OF COMMERCIAL USES BY RIGHT, BUT ALSO BY A.

OKAY. THERE ARE THERE ARE OTHER LOW INTENSITY COMMUNITY RETAIL DISTRICTS THAT COULD BE AVAILABLE TO THE APPLICANT OTHER THAN A COMMUNITY RETAIL.

YES, THERE ARE OTHER COMMERCIAL ZONING DISTRICTS, AND I BELIEVE THE NEXT ONE AND LET ME JUST I DON'T KNOW IF IN MY MEMORY ANYMORE.

LET ME GET TO THAT.

SO YOU DO HAVE, FOR EXAMPLE, NEIGHBORHOOD SERVICES, WHICH IS A LESS INTENSE COMMERCIAL ZONING DISTRICT WITH THIS ZONING DISTRICT.

AND JUST AS AN FYE, FOR EXAMPLE, A RESTAURANT, IF I'M NOT MISTAKEN, AND I'M ABOUT TO FIND OUT, SEE WHERE THAT WOULD BE.

A RESTAURANT IS NOT ALLOWED BY.

RIGHT. IT WOULD BE WILL REQUIRE A SUBPOENA.

YOU KNOW, I THINK, THOUGH, WITHOUT KNOWING WHAT THE APPLICANT INTENDS TO DO WITH THE PROPERTY, THAT THAT ONE SORT OF CAVEAT WOULD BE THAT THEY WOULD THEY WOULD NEED AN SUV TO COME BACK.

BUT WITH NO BUYERS OR NO FUTURE PLANS FOR THE PROPERTY, IT'S JUST AN ACROSS THE BOARD ZONING REQUEST.

AND THE QUESTION IS, YOU KNOW, IF IT'S JUST RETAIL.

ARE THERE OTHER ZONING OPTIONS AVAILABLE TO THE APPLICANT, SUCH AS NEIGHBORHOOD OFFICES OR NEIGHBORHOOD SERVICES OR COMMUNITY OFFICES THAT MIGHT BE MORE APPROPRIATE AS THE ENVISION GARLAND HAS THE AREA DESIGNATED FOR TRADITIONAL LONG TERM.

SO IT'S NOT LIKE THIS IS INTENDED TO BE A COMPACT NEIGHBORHOOD SCENE AT ANY POINT EITHER.

SO I GUESS MY QUESTION IS, IS WITHOUT MORE INFORMATION FROM THE APPLICANT, IS IT REALLY IN THE BEST INTERESTS OF THE LAND TO ZONE THIS AS HIGH, YOU KNOW, HIGHER DENSITY COMMUNITY RETAIL.

BASED ON AGAIN, BASED ON WHAT WE SAW THERE AND THE PATTERN THAT IT IS ACROSS THE STREET, WE DO HAVE THAT SITUATION.

I'M NOT AWARE OF ANY CONFLICTS THERE.

WE DO HAVE SOME MEASURES.

FOR EXAMPLE, IF THEY WERE TO MOVE IN AND CREATE SOMETHING, DEMOLISH THE BUILDING AND CREATE SOMETHING BIGGER, THEY WOULD NEED TO COMPLY WITH THE BUFFER REQUIREMENTS AND THE LANDSCAPING REQUIREMENTS.

SO THERE ARE SOME FEATURES ON THE SITE THAT WOULD NEED TO BE INCLUDED ON IN THE DEVELOPMENT TO CREATE THAT BUFFER BETWEEN RESIDENTIAL AND COMMERCIAL.

BUT THE APPLICANT COULD, YOU KNOW, RECEIVE A NEIGHBORHOOD SERVICES OR RECEIVE A RECOMMENDATION FOR NEIGHBORHOOD SERVICES AND COME BACK FOR SOUP, IF THAT'S AN OPTION YOU WANT TO TAKE. YES, THAT IS AN OPTION.

YES. THANK YOU. THANK YOU.

THANK YOU, COMMISSIONER DALTON.

THE APPLICANT IS THE OWNER OF THE PROPERTY.

WELL, THE APPLICANT HIMSELF, I DON'T KNOW THE EXACT ASSOCIATION BETWEEN THE APPLICANT AND THE OWNER, WHICH IS THE CHURCH.

I THINK THAT'S PROBABLY A QUESTION FOR THE APPLICANT.

BUT YEAH, I DON'T I DON'T HAVE FULL INFORMATION AS TO WHAT THAT RELATIONSHIP IS.

OKAY. THANK YOU.

ANY OTHER QUESTIONS? LONG COMMISSIONER JENKINS LINE IS WELL, FIRST OF ALL, THIS IS WHAT WE USED TO CALL SPECULATIVE ZONING.

HE'S TRYING TO GET SOME ZONING SO YOU CAN IMPROVE THE MARKET VALUE AND NOTHING TOTALLY WRONG WITH THAT.

I WENT THROUGH THE LIST OF ALLOWABLE USES FOR COMMUNITY RETAIL AND THERE ARE A FEW THAT SINCE WE'RE SITUATED BETWEEN A PARK AND SINGLE FAMILY, THERE ARE A FEW THAT MAY NOT BE QUITE APPROPRIATE.

ONE BEING OUTDOOR DISPLAY OF RETAIL PRODUCTS.

AUTO REPAIR, MINOR AUTO LEASING.

AND HAD AN INDOOR MALL, HAD RECORDING STUDIO, RECORDING STUDIO.

PROPERLY DONE WOULDN'T BE AN ISSUE.

BUT IF IT'S NOT PROPERLY DONE, IT'S A NOISE ISSUE.

AND THIS COULD ALSO BE ACCOMPLISHED BY CONVERTING IT TO A PD, YOU KNOW, COMMUNITY RETAIL, EXCLUDING CERTAIN USES AND DELETING THE REQUIREMENT FOR A DETAILED PLAN FOR THIS CASE.

CORRECT. OKAY.

ALL RIGHT. THANK YOU.

I APPRECIATE IT. YOU DID GOOD FOR BEING GONE A WHILE.

THANK YOU.

[00:15:14]

THE APPLICANT PROPOSES A SPECIFIC USE PROVISION RENEWAL OF AN EXISTING CELLULAR TOWER.

HERE IS THE CASE INFORMATION.

THE OVERALL ACREAGE IS 4.97 ACRES AND THE LEASE AREA IS 0.20 ACRE AND EXISTING ZONING AS AGRICULTURAL DISTRICT.

THIS IS THE CITYWIDE LOCATION MAP, AND THE RED STAR SHOWS THE APPROXIMATE LOCATION OF THE SUBJECT PROPERTY.

AND THIS IS THE LOCATION MAP, THE SUBJECT PROPERTIES OUTLINE IN THE TEAL BLUE COLOR.

AND THIS IS THIS HAS A SPECIFIC PROVISION FROM 92, WHICH EXPIRED BACK IN 2012.

AND THE SITE CAN BE ACCESSED FROM THE EXISTING RESIDENTIAL SUBDIVISION FROM BOP TOWN, WHICH IS FROM THE EAST AND TO THE NORTH AS WELL.

THE FUTURE LAND USE MAP OF THE ENVISIONED GARLAND PLAN DESIGNATES THIS PROPERTY AS TRADITIONAL NEIGHBORHOODS.

THE EXISTING MONOPOLE TOWER IS NECESSARY BECAUSE IT PROVIDES CRITICAL INFRASTRUCTURE FOR AT&T WIRELESS CONTINUING SERVICE TO THE SURROUNDING AREA.

THEREFORE, THIS IS A SUPPORTIVE USE TO THE ADJACENT PROPERTIES.

AND HERE ARE SOME OF THE SITE PHOTOS.

THE TOP LEFT IS VIEW OF THE SUBJECT PROPERTY.

IT SHOWS THE TOWER AND THE GUIDE TOWER.

TOP RIGHT IS SOUTH OF THE SUBJECT PROPERTY.

BOTTOM LEFT IS EAST OF THE SUBJECT PROPERTY AND BOTTOM RIGHT IS WEST OF THE SUBJECT PROPERTY.

AND HERE IS THE SITE PLAN, THE EXISTING SITE PLAN.

AND THIS REQUEST IS ONLY FOR THE 100 FOOT MONOPOLE TOWER.

THE APP HAS EXPIRED, SO THE APPLE IS REQUESTING TO RENEW THE CEP AND IS NOT REQUESTING TO MAKE ANY MODIFICATIONS TO THE TOWER.

THERE IS ALSO AN EXISTING GUIDE TOWER WHICH HAS EXISTED PRIOR TO THE MONOPOLE, BUT IS NOT PART OF THIS REQUEST.

THE APPLICANT CAN REQUEST THE SEP TO BE IN EFFECT FOR AN INDEFINITE TIME PERIOD.

THE CEP TIME PERIOD GUIDE RECOMMENDS BETWEEN 20 TO 30 YEARS.

AND STAFF RECOMMENDS APPROVAL OF THE SPECIFIC USE PROVISION FOR ANTENNA COMMERCIAL USE.

APPROVAL OF A PLAN FOR AN ANTENNA.

COMMERCIAL USE ON A PROPERTY ZONE AGRICULTURAL DISTRICT.

HOWEVER, THE SEP TIME PERIOD GUIDE SHOULD BE CONSIDERED AND WE MAILED OUT 166 NOTIFICATION LETTERS.

ONE WAS WITHIN A NOTIFICATION AREA FOR THE REQUEST.

ONE WAS WITHIN A NOTIFICATION AREA AGAINST THE REQUEST.

ONE WAS NEITHER FOR NOR AGAINST, AND WE RECEIVED A TOTAL OF THREE RESPONSES.

BE HAPPY TO ANSWER ANY QUESTIONS.

I SEE NONE.

GOOD EVENING. GOOD EVENING.

MR. CHAIRMAN AND COMMISSIONERS, THIS IS A PROPOSAL FOR AN OFFICE, SHOWROOM AND WAREHOUSE USE FROM AN EXISTING BUILDING.

THE LOCATION OF THE SUBJECT PROPERTY IS 2025.

OLD MILL RUN THE APPLICANT AND OWNER OF THE PROPERTY AS DON GORDON.

IT IS ZONED WITHIN PD DISTRICT 20 202 EARLIER THIS YEAR IN AMENDMENT TWO, PD 8242 WAS APPROVED TO ALLOW AN AUTO REPAIR MAJOR USE BY WRIGHT FROM THE SUBJECT PROPERTY.

HOWEVER, THAT PARTICULAR TENANT FOR THE AUTO REPAIR BUSINESS DID NOT MOVE FORWARD WITH THAT.

SO THE APPLICANT NOW REQUESTS TO ADD THIS PARTICULAR LANE USE, WHICH IS CLASSIFIED AS WAREHOUSE COMMA, OFFICE SLASH SHOWROOM INDOORS INDOORS FACILITY AS A USE PERMITTED BY RIGHT.

ON THE SUBJECT PROPERTY, THEY HAVE A TENANT WISHING TO GO THERE.

IT'S A TENANT THAT'S CURRENTLY IN GARLAND WISHING TO RELOCATE TO THIS SITE.

IT'S A GLASS COMPANY.

THE USE WOULD INCLUDE A SHOWROOM, KIND OF A RETAIL SHOWROOM WHERE CUSTOMERS CAN COME VIEW FULL SIZE SHOWER DISPLAYS AND LOOK AT GLASS SAMPLES. A WAREHOUSE COMPONENT WOULD ALSO BE INCLUDED INSIDE THE BUILDING AND MAY INCLUDE LIGHT ASSEMBLY WORK INVOLVING CUSTOM GLASS CUTTING AND ALUMINUM FRAMES.

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TO THE EAST OF THE PROPERTY ACROSS OLD MILL RUN IS A RETAIL SHOPPING CENTER.

TO THE NORTH IS AN AUTO REPAIR.

IMMEDIATELY TO THE NORTH IS AN AUTO REPAIR.

USE TO THE SOUTH AS A COMMUNITY AND EDUCATIONAL FACILITY.

AND TO THE WEST ARE SINGLE FAMILY HOMES.

THE COMPREHENSIVE PLAN IDENTIFIES THIS AREA AS A NEIGHBORHOOD CENTERS, WHICH GENERALLY ALIGNS WITH COMMERCIAL AND KIND OF LIGHT OR COMMERCIAL USES.

HERE ARE SOME PHOTOS OF THE AREA, INCLUDING THE SUBJECT PROPERTY SHOWN ON THE TOP LEFT.

THIS IS THE EXISTING BUILDING AND THERE ARE NO PHYSICAL IMPROVEMENTS PROPOSED TO THE BUILDING OR THE SITE.

THE REQUEST IS USE USE CHANGE ONLY SO THE BUILDING WOULD REMAIN AS IS.

THE TOP RIGHT HAND PHOTO SHOWS THE AUTO REPAIR USE THAT'S IMMEDIATELY TO THE NORTH.

ON THE BOTTOM LEFT IS THE COMMUNITY AND EDUCATIONAL CENTER TO THE SOUTH.

AND THIS PHOTO HERE SHOWS THE SHOPPING CENTER THAT IS TO THE EAST ACROSS OLD MILL RUN.

HERE ARE SOME ADDITIONAL PHOTOGRAPHS OF THE EXISTING BUILDING.

THIS KIND OF SHOWS THE NORTH ELEVATION DRIVEWAY GOING TO THE BACK OF THE BUILDING THERE.

THIS IS THE WEST ELEVATION TOWARDS THE REAR OF THE PROPERTY, IN OTHER WORDS.

SO THERE'S AN AREA KIND OF FOR LOADING AND UNLOADING IF NEEDED.

THERE'S SOME EXISTING SCREENING, AN EIGHT FOOT EIGHT FOOT WOOD FENCE AROUND THE PROPERTY, AS WELL AS AN APPROXIMATELY SIX FOOT MASONRY WALL ALONG THE BACK ALLEY IMMEDIATELY TO THE WEST OF THE SUBJECT PROPERTY, THAT SCREENING WOULD REMAIN IN PLACE.

THE APPLICANT REQUESTS THE WAREHOUSE OFFICE SHOW USE TO BE ALLOWED BY RIGHT THROUGH PD 20 202 AND NO DEVIATIONS FROM THE GTC HAVE BEEN REQUESTED BY THE APPLICANT.

STAFF RECOMMENDATIONS, APPROVAL OF THE REQUEST, BOTH THE ZONING AND THE DETAILED PLAN, WHICH IS ESSENTIALLY JUST CARRYING FORWARD THE EXISTING SITE PLAN.

AND MR. CHAIRMAN, WE SENT OUT 46 NOTIFICATION LETTERS ON THIS CASE, AND WE RECEIVED WE'VE RECEIVED ONLY ONE SPOT, ONE RESPONSE SO FAR, AND THAT WAS IN OPPOSITION TO THE REQUEST.

I'LL BE GLAD TO ANSWER ANY QUESTIONS.

COMMISSIONER AT WILL.

THIS PROPERTY WAS A WAREHOUSE BEFORE? SEVERAL FOR SEVERAL YEARS.

WILL THIS BUY? AND I KNOW THAT THAT USE WENT AWAY WHEN IT WAS DORMANT FOR A PERIOD OF TIME.

WILL THIS BE MAKING THEM WHOLE AGAIN? BASICALLY ALLOWING THEM TO BE ABLE TO DO WHAT THEY'RE DOING BEFORE? YES, SIR. I THINK THAT'S A GOOD WAY TO PUT IT.

THIS IS A VERY SIMILAR USE TO WHAT WAS THERE BEFORE.

I BELIEVE IT WAS AUTO PARTS, BUT HAD A WAREHOUSE COMPONENT.

AND THIS WOULD BE VERY SIMILAR IN NATURE.

OKAY, VERY GOOD.

THANK YOU. ALREADY THE ONE RESPONSE THEY WERE CONCERNED ABOUT NOISE AND FORKLIFTS AND THINGS LIKE THAT.

AND IF IT'S A WAREHOUSE IN SUPPORT OF THE AUTO REPAIR AND CARS BEING PARKED.

BUT NONE OF THAT'S HAPPENING HAS NOTHING TO DO WITH THE AUTO REPAIR BUSINESS.

IT WOULD BE A GLASS COMPANY.

YEAH, I MEANT TO ADD IT'S IN THE STAFF REPORT, OF COURSE.

BUT WHILE THE UNDERLYING ZONING, OF COURSE, IS COMMUNITY RETAIL, THE BUILDING IS BUILT IN A MANNER THAT IS A BIT MORE CONDUCIVE TO A WAREHOUSE TYPE BUILDING.

IT DOES ALREADY HAVE ESSENTIALLY A WAREHOUSE COMPONENT WITHIN A VERY LARGE OPEN SPACE AREA WITH LOADING DOORS IN THE REAR.

SO SO THAT WAS PART OF THE CONSIDERATION.

ANY OTHER QUESTIONS? I THINK THAT'S IT.

OKAY. ALL RIGHTY.

SO THAT WILL CONCLUDE THE WORK SESSION PORTION OF OUR MEETING.

AND AGAIN, FOR THE CAMERA, WE WILL CONVENE AGAIN AT 7 P.M..

AND, WELL, AGAIN, GOOD EVENING.

[Call to Order]

AND I AND THE COMMISSIONERS AND STAFF ALL WANT TO WISH HIM WELL AND THANK HIM SO MUCH FOR HIS YEARS OF SERVICE.

WE ARE GOING TO SEE THIS ON REPLAY, BUT WE DO APPRECIATE YOU.

THANK YOU. AND WE HAVE A BRAND NEW COMMISSIONER TONIGHT.

COMMISSIONER. COMMISSIONER JOHNSON IS WITH US FROM DISTRICT FOUR.

WELCOME ABOARD.

AND I DON'T KNOW IF YOU HAVE ANYTHING TO SAY OR JUST DIVE RIGHT INTO IT.

THANK YOU, SIR. ALL RIGHT.

OKAY. COMMISSIONER ERVIN, DID YOU CLICK IT? NO. ALL RIGHTY.

ANOTHER ANNOUNCEMENT TONIGHT, ITEMS THREE A AND THREE B, THE APPLICATION OF THE TERROR GROUP.

IF YOU'RE HERE FOR THAT ONE, THEY'VE REQUESTED A POSTPONEMENT UNTIL NOVEMBER 7TH.

WE WILL NOT BE HAVING A PUBLIC HEARING ON THAT ONE, BUT WE WILL BE MAKING A MOTION AS TO WHETHER TO ACCEPT OR OR PASS FORWARD THE POSTPONEMENT.

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IF YOU CARE TO SPEAK, PLEASE GO AHEAD AND SIGN UP AT THE KIOSKS.

AND WHEN YOU COME UP AND SPEAK, WE NEED YOUR NAME AND ADDRESS INTO THE MICROPHONE FOR THE RECORD, AND WE GIVE APPLICANTS 15 MINUTES TO PRESENT THEIR CASE.

OTHER SPEAKERS HAVE 3 MINUTES.

BUT IF YOU'RE SPEAKING FOR A GROUP, SAY A HOMEOWNERS ASSOCIATION, WE DEFINITELY ALLOW MORE TIME.

ALL RIGHT. LET'S JUMP INTO THE AGENDA.

THE FIRST TIME AGENDA IS OUR EXCUSE ME, CONSENT AGENDA.

[Consent Agenda]

I WILL GO AHEAD AND READ THROUGH THE AGENDA.

AND IF ANYBODY IN THE COMMISSION OR IN THE AUDIENCE WANTS AN ITEM REMOVED FOR INDIVIDUAL CONSIDERATION, JUST LET ME KNOW.

ITEM ONE EIGHT CONSIDER APPROVAL OF THE PLAN COMMISSION MINUTES FOR THE SEPTEMBER 26 2022 MEETING.

ITEM TWO A 2234 RIVER SET PHASE THREE PRELIMINARY PLAT ITEM TO BE PLAT 2235 GARLAND HOUSING FINANCE CORPORATION.

ONE FINAL PLAT.

ANYBODY WANT ANY OF THESE ITEMS REMOVED FOR INDIVIDUAL CONSIDERATION? SEE YOU NONE, COLONEL. ENTERTAIN A MOTION TO APPROVE THE CONSENT AGENDA.

WE HAVE MOTION BY COMMISSIONER ROSE.

DO I HEAR A SECOND, SECOND AND A SECOND BY COMMISSIONER AUBIN TO APPROVE THE CONSENT AGENDA? TAKES A FEW SECONDS FOR THE VOTE TO GET READY AND.

HERE WE GO. THERE PASSES UNANIMOUSLY, SIX WITH TWO ABSTENTIONS. ALL RIGHTY.

ZONING CASE. AND THESE ARE THE TWO ITEMS CONSIDERATION THE APPLICATION OF ALL TERROR GROUP REQUESTING APPROVAL OF SPECIFIC USE PROVISION AND ITEM THREE BE THAT WAS THREE.

[Items 3A & 3B]

MR. CHAIR. COMMISSIONER PERSON TO APPROVE THE POSTPONEMENT AS PRESENTED ALREADY MOTION BY COMMISSIONER JENKINS TO POSTPONE THIS ITEM TO THESE TWO ITEMS TO ON NOVEMBER 7TH MEETING.

DO I HEAR SECOND AND A SECOND BY COMMISSIONER PARIS? ANY DISCUSSION, PLEASE VOTE.

DID IT. IT DIDN'T SHOW UP ON MY SCREEN.

I THINK THAT PASSED UNANIMOUSLY.

IT DID COME UP ON MY SCREEN THERE.

FINALLY, GOOD ITEM TO SEE THE CONSIDERATION OF APPLICATION OF LUIS GUERRERO REQUESTING APPROVAL OF A CHANGE OF ZONING FROM SINGLE FAMILY

[3C. Consideration of the application of Luis Fernando Gutierrez, requesting approval of a Change of Zoning from Single-Family-7 (SF-7) District to Community Retail (CR) District. This property is located at 820 West Miller Road. (District 5) (File Z 22-54)]

THIS PROPERTY IS LOCATED AT 88 TO 0 WEST MILLER ROAD.

AND MR. GUTIERREZ, DO YOU CARE TO COME DOWN AND SAY ANYTHING OR.

OKAY. AND AGAIN, NAME AND ADDRESS AND THE MICROPHONE, PLEASE.

GOOD EVENING. MY NAME IS LUIS GUTIERREZ.

I AM.

I AM THE PRESIDENT FOR IGLESIA ARROYO DALLAS, WHICH IS A SMALL CHURCH SERVING THE HISPANIC COMMUNITY IN THE GARLAND AREA SINCE THE MID-EIGHTIES.

SO AND, YOU KNOW, WE ARE REQUESTING THE CHANGE OF ZONING FOR OUR PROPERTY ON 820 WAS MILLER.

AND I'M HERE TO ANSWER ANY QUESTIONS THE COMMISSION MAY HAVE.

SO. ALL RIGHTY.

ANY QUESTIONS OF THE APPLICANT? COMMISSIONER. ART. THANK YOU, MR. GUTIERREZ, FOR COMING DOWN.

CAN YOU TELL US A LITTLE BIT MORE ABOUT WHAT THIS A CHANGE OF ZONING? DO YOU HAVE A PLAN FOR WHAT YOU'RE PLANNING TO DO WITH THE PROPERTY? I KNOW IT'S A CHURCH, OBVIOUSLY, RIGHT NOW, BUT THE CHANGE OF ZONING WOULD BE TO COMMUNITY RETAIL.

AND DO YOU HAVE SOMETHING IN MIND THAT YOU'RE LOOKING TO DO WITH IT? YES. SO WHEN WE STARTED THIS PROCESS LAST YEAR AND WE STARTED TALKING ABOUT WHAT CAN WE DO WITH THE PROPERTY, WE KNOW THAT AS THE PROGRESSION OF OUR CHURCH HAS BEEN IN THE MID-EIGHTIES, STARTED IN SOMEBODY'S HOME, THEN THEY MOVED INTO, YOU KNOW, A SPACE THAT THEY WERE RENTING OUT OF A GYM.

THEN THEY MOVED INTO AN ACTUAL SHOPPING CENTER AND OPERATED OUT OF THERE FOR A REALLY LONG TIME.

ABOUT 20 YEARS AGO, YOU KNOW, THIS PROPERTY WAS PURCHASED AND WE KNOW THAT WE'RE NOT GOING TO BE THERE FOR EVER.

SO WE DON'T HAVE A BIG DONOR BASE.

[00:30:05]

SO BUT IF WE SELL THAT PROPERTY AS A SINGLE FAMILY, RESIDENTIAL PROPERTY, IT WILL BE, YOU KNOW, THE NUMBER OF BUYERS AND THE USE THAT WE WILL BE ABLE TO HAVE, IT WILL BE SMALLER.

YOU KNOW WHO WANTS TO OWN ONE ACRE HOUSE RIGHT NEXT TO A PARK? SO WE STARTED TALKING TO, YOU KNOW, STAFF AT THE CITY OF GARLAND.

OUR ORIGINAL THOUGHT WAS MAYBE MULTIFAMILY.

AND, YOU KNOW, A DEVELOPER CAN COME IN AND, YOU KNOW, TURN THIS INTO LIKE MAYBE FOUR PLEX'S OR TRIPLEXES.

THAT WAS OUR ORIGINAL THOUGHT.

BUT WHEN WE STARTED TALKING TO STAFF, THEY WERE LIKE, YOU KNOW WHAT? PROBABLY A BETTER USE WILL BE COMMUNITY RETAIL BECAUSE IT'S IT'S ALREADY THERE IN THE AREA.

AND SO WE WE DECIDED TO GO WITH THAT.

SO WHEN WE SUBMITTED THAT APPLICATION, THAT WAS THE THAT WAS THE ORIGINAL INTENT.

WE DON'T HAVE ANY INTENTION TO MOVE OR TO SELL ANYTIME SOON.

BUT WE ALSO KNOW THAT IN THE FUTURE, WHENEVER THAT HAPPENS, THE MARKET'S ALWAYS FLUCTUATING.

AND, YOU KNOW, IT SEEMS LIKE WE'RE STARTING TO COME TO A BUYER'S MARKET.

SO WE DON'T WANT TO TAKE THE CHANCE OF LIKE, YOU KNOW, MISS OUT.

IF THERE'S AN OPPORTUNITY THAT COME, YOU KNOW, WITHIN THE NEXT FIVE, SIX, SEVEN YEARS.

SO WE'RE PLANNING ON STAYING THERE FOR A LONG TIME.

I MEAN, WE'RE EXCITED ABOUT THE PARK.

WE ALREADY ENVISIONED, YOU KNOW, THE OPPORTUNITY TO INTERACT WITH SOME OF THE, YOU KNOW, SOME OF THE KIDS THAT COME TO THE PARK, YOU KNOW, MAYBE GET TO, YOU KNOW, SHARE A MEAL AND, YOU KNOW, SPEND SOME TIME WITH, YOU KNOW, JUST THE PEOPLE THAT COME TO THE PARK.

SO WE'RE EXCITED ABOUT THAT.

AND THIS WAS THIS PROPERTY WAS IT ORIGINALLY A SINGLE FAMILY RESIDENCE? IS THAT. YES.

SO BUT WHEN WE PURCHASED THIS FROM THE PREVIOUS CHURCH, IT WAS ALREADY GRANDFATHER, YOU KNOW, A CHURCH USE FOR IT.

SO IT'S ALWAYS BEEN SINGLE FAMILY, RESIDENTIAL.

AND THERE WAS WE BOUGHT IT FROM ANOTHER CHURCH.

SO WHEN WE PURCHASED THE BUILDING, IT WAS ALREADY SET UP AS A CHURCH.

AND WE JUST CONTINUE ON.

OKAY. THANK YOU.

THANK YOU. ANY OTHER QUESTIONS OF THE APPLICANT? COMMISSIONER AUBURN AND COMMISSIONER JENKINS.

MR. GUTIERREZ, I DON'T KNOW IF YOU WERE HERE DURING THE EARLIER MEETING PORTION, WE WERE DISCUSSING THAT AND A COUPLE OF THE COMMISSIONERS TALKED ABOUT POSSIBLY.

DOING INSTEAD OF COMMUNITY RETAIL DOING NEIGHBORHOOD SERVICES.

DO YOU HAVE ANY KIND OF TAKE ON THAT? IT WOULD BE A LESS INTENSE USE.

SO CERTAIN THINGS LIKE IN ENGLISH, CORRECT ME IF I'VE GOT IT WRONG.

CERTAIN THINGS LIKE AUTOMOTIVE, CERTAIN AUTOMOTIVE USES AND OTHER STUFF WOULD NOT BE ALLOWED, BUT WOULD STILL ALLOW FOR RETAIL AND AND OTHER THINGS LIKE THAT.

I DON'T KNOW IF YOU'VE LOOKED AT THAT AT ALL, IF YOU'VE HAD ANY DISCUSSIONS WITH STAFF OR IF YOU HAVE ANY KIND OF OPINION ON THAT.

WE DID SO AT OUR LAST MEETING.

THAT WAS ONE OF THE, YOU KNOW, OPTIONS PRESENTED.

SO. IT WAS SORT OF LIKE ON THE MOMENT WE DIDN'T HAVE A CHANCE TO LIKE, GO AND REVIEW.

LIKE I DIDN'T HAVE A CHANCE TO GO AND REVIEW, YOU KNOW, NEIGHBORHOOD RETAIL.

IS THAT THE ZONING? I THINK IT'S NEIGHBORHOOD RETAIL.

NEIGHBORHOOD SERVICES. SO I DIDN'T HAVE A CHANCE TO REVIEW IT IN DETAIL.

SO I, I ASK, YOU KNOW, SO I'D LIKE JUST MOVE FORWARD WITH THIS ONE.

WE ALREADY ON MOTION WITH THIS ONE.

SO I GUESS BUT, YOU KNOW, BEING THAT ACROSS THE STREET, THERE'S A GAS STATION, A TIRE SHOP AND EVERYTHING ELSE.

SO I FIGURED, YOU KNOW, IT SHOULD HAVE BEEN OKAY, BUT.

I UNDERSTAND THE CONCERN, AND I WOULDN'T WANT THAT TO BE NEXT TO MY HOUSE EITHER.

SO MAYBE IF IF THERE'S ANYTHING THAT WE CAN DO TO WORK THAT OUT, YOU KNOW, I'LL BE MORE THAN MORE THAN OPEN TO TO DISCUSS THAT.

OKAY. SURE. IN MY INCLINATION, IT CANDIDLY, GIVEN THE PROXIMITY TO THE PARK AND THE NEW SKATE PARK THAT'S COMING IN, WHICH IS ACTUALLY OPENING IN JUST A COUPLE OF WEEKS, I HOPE WE SEE YOU THERE FOR THE GRAND OPENING.

YES. YOU KNOW, MY MY GUESS IS THAT THAT IF AND WHEN YOU GUYS DO DECIDE TO TO SELL THAT YOU'D NOT HAVE MUCH

[00:35:01]

AND THE OTHER OTHER THING TOO IS THAT.

YOU KNOW, THERE'S ALWAYS.

IF YOU DO COME BACK WITH SOMETHING LATER ON THAT'S NOT PERMITTED.

YOU CAN ALWAYS COME BACK TO THE PLANNING COMMISSION AND TO THE COUNCIL WITH A DIFFERENT, YOU KNOW, FIVE YEARS DOWN THE ROAD.

AND IT'S LIKE, YEAH, YOU KNOW, WE'RE TRYING TO SELL THIS AND IT'S THIS USE THAT'S NOT PERMITTED.

YOU CAN ALWAYS COME BACK.

BUT YES.

AND SO, YEAH, I MEAN, WE'RE OPEN.

OKAY, SO BUT THAT MEANS THAT WE WILL HAVE TO START THE PROCESS FROM SCRATCH AND THE APPLICATION.

YOU EVERYTHING RIGHT? FOR SURE. KIND OF LIKE WHAT WE DID NOW WOULD BE.

START EVERYTHING. RIGHT? OKAY. OKAY.

THANK YOU. THANK YOU, MR..

SURE. COMMISSIONER JENKINS, DID YOU DROP OUT? I DID. BUT NOW I'VE GOT A QUESTION FOR STAFF, I SUPPOSE.

OKAY. LET ME IS THAT CORRECT, THAT THE APPLICATION CANNOT BE CONVERTED TO A REQUEST FOR DIFFERENT ZONING BASED UPON WHAT THE IT THAT'S IT CAN BE.

WE REVIEWED THIS JUST TODAY.

IT CAN BE CHANGED TO LESSER IMPACT ZONING, WHICH NEIGHBORHOOD SERVICES IS.

WE JUST COULD NOT CHANGE IT TO A HIGHER IMPACT ZONING.

I THINK THE REFERENCE THAT MR. GUTIERREZ WAS MAKING IS THAT IF WE APPROVE IT TONIGHT AS NEIGHBORHOOD SERVICES, WHICH WE COULD DO BY CORRECT ME IF I'M WRONG, BY DENYING WE COULD DENY THE COMMUNITY, IT WOULD BE TO MOTIONS A MOTION TO DENY THE COMMUNITY RETAIL AND TO APPROVE IT AS NEIGHBORHOOD SERVICES THEN WOULD GO UP TO COUNCIL AND DO WHATEVER.

BUT I BELIEVE WHAT MR. GUTIERREZ WAS REFERRING TO IS THAT HE WOULDN'T WANT TO HAVE TO COME BACK AND GO THROUGH THE ENTIRE PROCESS.

IT IS ADMITTEDLY, IT CAN BE AN ARDUOUS ALTHOUGH PROCESS, BUT HE WOULDN'T WANT TO HAVE TO COME BACK IN FIVE YEARS WITH THE EXPENSE AND WHATNOT OF HAVING TO MAKE A SECOND APPLICATION, IF I CORRECTLY STATED THAT.

YES, I THINK SO.

THANK YOU. ALL RIGHTY.

COMMISSIONER ROSE, HERE'S A QUESTION FOR STAFF.

COULD WE APPROVE THE REQUEST THAT APPLICANT IS MAKING BUT ELIMINATE OR NOT ALLOW ANYTHING TO DO WITH AUTOMOTIVE? YOU KNOW, IT'S, UM, I BELIEVE THE THE THE ROUTE COMMISSIONER AUBIN HAS SUGGESTED THE DENY THE C.R.

AND THEN HAVE A SECOND MOTION TO APPROVE THE NEIGHBORHOOD SERVICES WOULD BE THE ROUTE TO GO.

IF YOU'RE WANTING TO KEEP THOSE CONDITIONS THE SAME, WOULD YOU BE OBJECTED? WOULD YOU OBJECT TO THAT PROCESS THAT WE WENT THROUGH ARE TALKING ABOUT? WELL, IF I MAY ADD IN AT A FAIRNESS, HE HASN'T HAD A CHANCE TO REALLY LOOK OVER THE DIFFERENCES BETWEEN NEIGHBORHOOD SERVICES AND COMMUNITY RETAIL.

BUT WHAT I WOULD POINT OUT TO YOU, WHICHEVER WAY WE GO, YOU'LL HAVE A COUPLE OF WEEKS BETWEEN NOW, POSSIBLY EVEN THE MONTHS BETWEEN NOW AND CITY COUNCIL.

WE ARE RECOMMENDING BODY ONLY.

SO THEY JUST LOOK AT OUR RECOMMENDATIONS.

THEY GO. YEAH.

OR NAH.

SO YOU WOULD HAVE TIME TO LOOK IT OVER AND THEN YOU COULD SAY, YEAH, WE COULD MAYBE DO NEIGHBORHOOD SERVICES.

IF YOU ADD THIS USING THAT USE, OR WE COULD DO COMMUNITY RETAIL AND WE'RE WILLING TO GIVE THAT UP.

SO THIS IS MORE OF A VETTING PROCESS FOR THE CITY COUNCIL RIGHT NOW.

BUT IT'S ALSO WHAT ARE YOU ALL COMFORTABLE WITH IN PUTTING FORWARD? CAN I? SURE.

SO. FOR.

WHAT I GATHER FROM THE COUNCIL IS AUTOMOTIVE USES IS KIND OF LIKE.

THE YOU KNOW, THE THE NEGATIVE.

THEY'RE SO I MEAN.

EVERYTHING ELSE IS OKAY, RIGHT? BECAUSE, I MEAN, FOR WHAT I UNDERSTOOD EARLIER, IF WE DO NEIGHBORHOOD SERVICES, THEN A RESTAURANT WOULDN'T BE ALLOWED.

IT WOULD BE ALLOWED UNDER A SPECIAL USE PROVISION.

I JUST LOOKED IT UP. I THOUGHT I MIGHT NEED IT.

SO I BROUGHT MY HANDY DANDY TABLES TO LOOK AT TONIGHT.

A RESTAURANT WOULD BE ALLOWED, BUT THAT WOULD BE ANOTHER APPLICATION PROCESS.

AND THERE IS A DELAY IN THAT.

THAT WOULD BE ANOTHER COUPLE OF MONTHS TO DO TO GET A SPECIAL USE PROVISION FOR A RESTAURANT THAT SOMEBODY BUYING WOULD HAVE A LUXURY TIME IN THEIR CONTRACT AND WOULD PROBABLY GO THROUGH THE PROCESS WOULD BE EASIER IF WE DO COMMUNITY RETAIL, LIKE WITH A PLANNED DEVELOPMENT OF EXCLUDING, YOU KNOW, JUST AUTOMOTIVE USES.

UH, APPROVING THE ZONING WITH CONDITIONS, I BELIEVE IS WHAT WE'RE LOOKING AT THERE.

IF WE GO THAT ROUTE AND I DON'T THINK WE WANT TO GO THAT ROUTE NOW, IT WOULD BE SWITCHING IT FROM A STRAIGHT ZONING REQUEST, WHICH IS WHAT THIS IS, TO A ZONING REQUEST TO A PD, WHICH AGAIN IS A LESSER IMPACT OF WHICH I THINK WE KIND OF REVIEWED TODAY ON ONE OF THOSE SLIDES WITH

[00:40:05]

OKAY. WELL, I MEAN, I, I UNDERSTAND NOW IT'S AUTOMOTIVE USE IS JUST ONE OF MANY USES THAT THE AREA HAS.

AND, YOU KNOW, DEVELOPERS PROBABLY ARE GOING TO LOOK TOWARDS SOMETHING THAT IT'S MORE, YOU KNOW, REVENUE GENERATING THAN, YOU KNOW, WHAT I HEAR IS YOU WANT TO KIND OF PLAN FOR THE FUTURE WHEN YOU GO TO SELL.

AND ANY STEP IN THAT DIRECTION IS PROBABLY A GOOD STEP.

YOU DON'T HAVE TO BE ALL THE WAY THERE BECAUSE WHAT WE SEE EVERY DAY STAFF WILL SOMEBODY WILL BUY A PIECE OF LAND AND IT'S PERFECT EXCEPT FOR ONE OR TWO LITTLE THINGS, AND THEN THEY GO THROUGH AN SFP OR ZONING CHANGE OR A PD TO GET EXACTLY WHAT THEY WANT.

BUT IN TERMS OF THIS WOULD GET YOU OUT OF THE SINGLE FAMILY REALM INTO MORE OF A COMMERCIAL, WHETHER IT'S NEIGHBORHOOD SERVICES OR COMMUNITY RETAIL, WHICH IS, I THINK, YOUR ULTIMATE GOAL FROM WHAT I'M HERE HEARING.

OKAY. AND COMMISSIONER ROSE, YOU CORRECTLY, YOU DON'T HAVE ANY INTENTION OF SELLING TODAY OR TOMORROW OR EVEN MAYBE TWO YEARS UNLESS SOMEONE KNOCKS ON YOUR DOOR AND SAYS, I'LL GIVE YOU $100 MILLION FOR THAT DIRT.

YOU KNOW SOMETHING WILD AND CRAZY? CORRECT. IF YOU KNOW THAT PERSON.

SO YOUR LOVING INTRODUCTION TODAY, YOUR INTENT IS NOT TO SELL, BUT TO MAKE IT MORE ATTRACTIVE TO BE ABLE TO SELL.

YEAH. IN THE FUTURE.

MARK CUBAN ISN'T RETURNING MY CALLS EITHER.

SO. YEAH. ALL RIGHTY.

ANY OTHER QUESTIONS OF THE APPLICANT? THANK YOU VERY MUCH FOR COMING DOWN.

WE MAY END UP CALLING YOU BACK UP, BUT NO PROBLEM.

THANK YOU. I WILL ASK IN THE AUDIENCE.

I HAVE NO OTHER SPEAKERS LISTED.

IS THERE ANYBODY ELSE WHO WISHES TO SPEAK IN THIS CASE? IF NOT, COMMISSIONERS DISCUSSION MOTION.

MR. CHAIRMAN. LET'S MAKE A MOTION JUST TO CLOSE THE PUBLIC HEARING.

OKAY. A MOTION TO CLOSE A PUBLIC HEARING BY COMMISSIONER JENKINS AND A SECOND BY COMMISSIONER ROSE IS TO CLOSE A PUBLIC HEARING AND OPEN IT FOR DISCUSSION.

HIT IT AGAIN. AND COMMISSIONER JENKINS, NEED TO PUNCH YOUR LITTLE BUTTON AGAIN.

NOT SHOWING UP THE YES, YES.

VOTE YES OR NO? OH, ARE WE STILL VOTING ON CLOSE? YEAH. AND I'LL NEVER GET THIS PLANNING COMMISSION VOTING FIGURED OUT.

YEAH. COMMISSIONER JENKINS, YOUR VOTE HAS NOT REGISTERED YET.

OKAY, IT HAS NOW.

ALL RIGHTY. AFTER ALL OF THAT, IT WAS UNANIMOUS TO CLOSE THE PUBLIC HEARING.

HALLELUJAH DISCUSSION, FOLKS.

COMMISSIONER PARRISH AND COMMISSIONER JENKINS AND COMMISSIONER AUBURN.

JUST ONE MORE TIME TO RESTATE THE BIGGEST CONCERN AND WATCH OUT FOR REMAIN COMMUNITY RETAIL.

IF THE APPLICANT HAS TO COME BACK AGAIN, IF THERE'S A CHANGE OF HEART.

EXAMPLE NEIGHBORHOOD SERVICES.

WHAT IS THE WATCH OUT TODAY AGAIN OF APPROVING THE COMMUNITY RETAIL? I JUST WANT TO REVISIT THAT TO BE SURE I HAVE A GOOD UNDERSTANDING OF THE CONCERNS.

I KNOW COMMISSIONER JENKINS, YOU STARTED OUT WITH SOME SOME OPTIONS, BUT COULD WE IF YOU CAN RESTATE IT ONE MORE TIME, THE ISSUES.

OKAY. LET ME YOUR LIVE COMMISSIONER JENKINS.

SO CERTAINLY I'M DOING THIS NOT FOR THE BENEFIT OF THE BOARD, BUT BECAUSE WE'VE RECEIVED QUESTIONS RECENTLY.

I'M GOING TO READ DIRECTLY FROM THE GDC CHAPTER TWO, SECTION 2.45.

AND THIS PARTICULAR SECTION DESCRIBES COMMUNITY RETAIL.

IT'S INTENDED TO ACCOMMODATE A VARIETY OF RETAIL SERVICE BUSINESS ESTABLISHMENTS, YADA YADA.

THE DISTRICT MAY BE USED AS A TRANSITION DISTRICT BETWEEN LOWER INTENSITY RETAIL OR OFFICE USES AND MORE INTENSIVE USES.

THE S.R. DISTRICT IS GENERALLY APPROPRIATE ALONG MAJOR TRANSPORTATION CORRIDORS, WHICH I BELIEVE MILLER IS NOT, BUT IS GENERALLY NOT APPROPRIATE IN PROXIMITY TO LOW DENSITY RESIDENTIAL DISTRICTS WITHOUT SIGNIFICANT BUFFERING AND SCREENING FEATURES.

AND THEN IT GIVES AN EXAMPLE.

SO, SO BASED UPON MY UNDERSTANDING OF WHAT'S IN THE GTC, AND I UNDERSTAND THAT IT'S NOT A PARTICULARLY UNIQUE CIRCUMSTANCE, I CAN'T IN GOOD CONSCIENCE SUPPORT A REZONING TO COMMUNITY RETAIL THAT WOULD BE THAT WOULD HAVE SUCH A SIGNIFICANT IMPACT BOTH ON MILLER AND THE SURROUNDING COMMUNITY.

AND SO THAT'S KIND OF WHERE I'M THINKING THE ALTERNATIVES COULD BE FOR THE APPLICANT TO STILL MAKE THE LAND MARKETABLE FOR RETAIL PURPOSES, NEIGHBORHOOD SERVICES, COMMUNITY OFFICE OR NEIGHBORHOOD OFFICE DIRECT.

SO HE STILL HAS THE OPPORTUNITY TO MAKE IT MARKETABLE BY SPECIFYING CERTAIN RETAIL USES.

AND I UNDERSTAND THAT HAVING A RESTAURANT IN CLOSE PROXIMITY TO A PARK IS AN OUTSTANDING IDEA, AND I HOPE THAT THERE IS A WONDERFUL BUYER OUT THERE THAT IS WILLING TO DO THAT.

[00:45:03]

SO THAT'S WHERE I'M AT. COMMISSIONER PARRISH, DID THAT ANSWER YOUR QUESTION THAT I HAD? I HAD ALREADY REVIEWED THAT AS WELL, THAT SAME CODE.

THE REASON THAT GIVES ME A PAUSE ONLY IS AROUND THERE OTHER COMMUNITY RETAIL LAND USES IN THAT SAME AREA.

AND SO THAT'S PART OF WHAT GIVES ME A QUESTION MARK ABOUT THE CONCERN WITH THE COMMUNITY RETAIL.

AND I YOU KNOW, I UNDERSTAND THAT MILLER IS NOT A THOROUGH WAY.

I AGREE. AND I ALSO WAS A LITTLE CONCERNED ABOUT PARKING, BUT JUST VOICING MY THE OTHER REASONS WHY I HAVE A PAUSE, NOT SAYING THAT ONE WAY OR THE OTHER. STILL LISTENING TO COMMENTS FROM MY FELLOW PEERS HERE.

BUT THERE IS OTHER AREAS THERE THAT HAS COMMUNITY RETAIL AS WELL.

SO JUST BUT THANK YOU FOR THE REITERATION.

I DID SEE THAT. THANK YOU.

ALL RIGHTY. COMMISSIONER AUBIN AND COMMISSIONER OTT.

THANK YOU, MR. CHAIR. ACTUALLY, MILLER IS A MAJOR ARTERY MILLER GETS, AND IT'S THE PART OF THE DISTRICT THAT I REPRESENT.

IT WAS IN THE DISTRICT THAT I REPRESENTED FOR YEARS.

THIS WAS IN THE DISTRICT THAT I REPRESENTED FOR SIX YEARS.

MILLER GETS ABOUT 23,000 CARS A DAY WITH A CAPACITY OF ABOUT 35,000 CARS.

IT'S A IT'S A MAJOR EAST-WEST ARTERY AND IN THAT REGARD IS PRETTY WELL SUITED FOR COMMUNITY RETAIL.

ACROSS THE STREET IS A SIGNIFICANT SHOPPING CENTER AND IT IS GOING TO BE IMMEDIATELY ADJACENT TO WHAT I HOPE WILL BE A VERY INTENSIVE USE AT THIS PARK.

WE'RE BUILDING THE SECOND LARGEST SKATE PARK IN TEXAS, ABOUT 48,000 SQUARE FEET.

THAT'S GOING TO BE PROBABLY LESS THAN 100 YARDS FROM WHERE THIS WHERE THIS CHURCH IS.

SO IT IS A IT IS, I THINK, A FAIRLY INTENSIVE USE.

THAT SAID, BY THE SAME TOKEN, I THINK AND I AND I'M SORRY THAT WE DON'T HAVE A HANDY I DON'T HAVE THE GDC OPEN IN FRONT OF ME TO TO LOOK AT THE CHART THAT MAYBE WILKING OR SOMEONE CAN KIND OF GIVE US THE.

KIND OF THE DISTINCTIONS BETWEEN THE TWO.

WHAT WHAT KIND OF THINGS? I KNOW THAT IT'S MORE THAN AUTOMOTIVE.

BUT IF WE CAN IF STAFF CAN KIND OF GIVE US AN IDEA OF WHAT'S WHAT THE DIFFERENCES ARE BETWEEN NEIGHBORHOOD SERVICES AND COMMUNITY RETAIL.

OH, THERE WE GO. PERFECT.

AND YOU BROUGHT UP A GOOD POINT, TOO.

THERE MAY WANT TO BE MEDICAL SERVICES THERE FOR AN EMERGENCY CARE CLINIC OR ORTHOPEDIC.

THE THE INCIDENCE OF INJURY AT SKATE PARKS IS FAR LESS THAN PEOPLE BELIEVE.

IT'S ACTUALLY A LOT IT'S ACTUALLY A LOT SAFER THAN YOU SEE A LOT FEWER INJURIES THAN YOU SEE IN OTHER ORGANIZED SPORTS LIKE LIKE FOOTBALL.

AND AND THE OTHER THING THAT YOU'LL SEE IS THAT BY MOVING BY MOVING KIDS OUT OF THE MOST DANGEROUS THINGS, MOST SKATE PARK SKATING INJURIES OCCUR OUTSIDE OF PARKS BECAUSE KIDS ARE USING STREETS AND OTHER THINGS NOT DESIGNED FOR THEM.

SO FOR IF I GO THERE IF YOU YES, YES, IF AT THE OPENING I GET ON A SKATEBOARD, THERE WILL PROBABLY BE A NEED FOR EMERGENCY SERVICES ANYWAY. THAT'S RIGHT.

THANK YOU. YEAH.

WAS THERE ANYTHING PARTICULAR YOU WANTED TO POINT OUT IN TERMS OF DIFFERENCES? I JUST DIDN'T KNOW IF STAFF COULD KIND OF.

YEAH. RUN US THROUGH IT REAL QUICK.

YEAH. I DON'T THINK WE NEED TO GO OVER THE INDUSTRIAL STUFF.

NO, JUST. JUST THE DIFFERENCE KIND OF THE PRIMARY DIFFERENCES BETWEEN.

SO WE'RE TALKING ABOUT NOT WHAT THINGS WERE YOU'RE LOSING IF YOU SWITCH TO NEIGHBORHOODS.

YEAH. AND OF COURSE THE WAY IT IS LISTED IS NOT, IT DOESN'T GIVE YOU THE WHOLE LIST UNDER THIS ZONING DISTRICT AND THEN WHOLE LIST OF USES UNDER THE OTHER DISTRICT. SO THEY'RE ALL MIXED TOGETHER.

SO JUST TO GIVE YOU AN EXAMPLE OF WHAT THE DIFFERENCE IS, BUT AGAIN, YOU FIND THAT THROUGHOUT THIS TABLE, SELF SERVICE LAUNDRY, THAT THAT'S ONLY ALLOWED BY SUP IN THE NEIGHBORHOOD SERVICE DISTRICT AND BY RIGHT IN THE COMMUNITY RETAIL. SO THAT'S JUST ONE EXAMPLE.

YOU KNOW THERE WERE CONVERSATIONS ABOUT.

THE RESTAURANT THAT'S ALLOWED BY RIGHT IN THE COMMUNITY RETAIL DISTRICT BY A SNOOPY IN THE NEIGHBORHOOD SERVICE DISTRICT.

AND THERE WAS MENTION ABOUT THE AUTO REPAIR SHOP AS WELL.

WE MISSED A COUPLE THERE. THE DRIVE THRU RESTAURANT WOULD NOT BE ALLOWED EVEN WITHIN SNOOPY.

AND ALSO THERE WAS SOMETHING ELSE BACK UP THERE THAT WOULD NOT BE ALLOWED AT ALL.

[00:50:05]

SO CORRECT THE DRIVE THRU.

THAT'S NOT EVEN ALLOWED AT ALL.

IN THE NEIGHBORHOOD SERVICE, THE MOBILE HOME, THE MOBILE FOOD TRUCK PARK.

YOU KNOW, IT'S A NEW DEAL AND THAT WOULD NOT BE ALLOWED AT ALL.

AND THAT MIGHT BE A GOOD LOCATION FOR ONE.

WELL, THERE'S ACTUALLY GOING TO BE ONE IN RECORD PARK.

SO NEVER MIND.

IT MIGHT BE DUPLICATIVE.

I MEAN, OTHER THINGS THAT I DON'T THINK WOULD BE PARTICULARLY IMPACTFUL.

I MEAN, HOTELS AND OTHER STUFF THAT ARE TYPICALLY IN COMMUNITY RETAIL THAT ARE UNLIKELY ON A ONE ACRE LOT TO BE AN ISSUE.

IT. IT.

MY PARTICULAR CONCERN EVEN THOUGH THIS IS A FAIRLY.

IN AN AREA OF FAIRLY INTENSIVE USE ACROSS THE STREET AND WITH THE PARK NEXT DOOR, IT IS IMMEDIATELY ADJACENT TO TO A NUMBER OF SINGLE FAMILY HOMES.

SO MY MY INCLINATION IS, IS TO DENY THE COMMUNITY RETAIL AND APPROVE FOR NEIGHBORHOOD SERVICES.

WE STILL HAVE TO HEAR FROM.

BUT I WOULD VERY MUCH LIKE TO HEAR OTHER PEOPLE'S OPINIONS ON THAT.

I DIDN'T KNOW IF YOU WANTED TO MAKE THAT IN A FORMAL MOTION.

I DON'T WANT TO CUT OFF ANYONE, ANY DISCUSSION.

COMMISSIONER OTT, THANK YOU.

WELL, I'M A I'M OF SAME MIND WITH COMMISSIONER AUBURN, THAT COMMUNITY RETAIL.

I COULD INSTANTANEOUSLY SEE THE FASTEST THING MOVING IN.

THERE'S A TIRE SHOP OR A MECHANIC SHOP, WHICH IT'S RIGHT NEXT DOOR TO A TO OUR OUR BEAUTIFUL NEW PARK.

THIS COULD BE.

TURNED INTO.

I COULD SEE IT BEING A GOLDEN LOCATION FOR A SKATING, A SKATEBOARD PRO SHOP, SOMETHING LIKE THAT.

AND IF THAT CAN BE A NEIGHBORHOOD SERVICES, WHICH I BELIEVE THAT IT CAN, I THINK THAT WOULD BE A WONDERFUL USE.

A. I'M CERTAIN THAT A A CONVENIENCE STORE WOULD DO VERY WELL THERE.

THERE'S A LOT OF THINGS THAT COULD BE USED THAT WOULD BE COMPLIMENTARY TO THE PARK THAT'S RIGHT NEXT TO IT.

AND SO I'M COMPLETELY IN FAVOR OF OF OF WELL, OF APPROVING SOMETHING FOR NEIGHBORHOOD SERVICES, BUT THAT WOULD REQUIRE A DENIAL OF THEIR REQUESTS FIRST.

YES. COMMISSIONER DALTON, THEN COMMISSIONER ROSE, MAKE IT SIMPLE.

I'M IN TOTAL AGREEMENT WITH COMMISSIONER ALBIN.

COMMISSIONER ROSE I AGREE WITH COMMISSIONER DALTON AND COMMISSIONER AUBIN.

I WOULD LIKE TO HEAR FROM THE APPLICANT IF HE HAS ANY CONCERN ABOUT CHANGING THE.

I DON'T REMEMBER HIM SAYING ANYTHING.

I KNOW HE HASN'T WOULDN'T DOESN'T HAVE THE TIME TO STUDY TO SEE WHAT WOULD BE ALLOWED.

BUT. IF THEY'RE NOT GOING TO SELL FOR TWO OR THREE YEARS, THEY'VE GOT PLENTY OF TIME TO LOOK FOR IT.

AND YOU CAN COME BACK UP, SIR, IF YOU WANT.

AND I THINK THIS MAYBE THE MATTER IF IT GOES AWAY, IT LOOKS LIKE THE BETWEEN NOW AND COUNCIL WITH STAFF GUIDING THEM, STUDY THE USES AND MAYBE CRAFT THAT PD THAT NEIGHBORHOOD SERVICES PLUS AN ITEM OR TWO OR SOMETHING.

SO I KNOW WE'RE THROWING A LOT OF STUFF AT YOU.

THAT'S OKAY. SO.

SO IF PROPOSING COMMUNITY RETAIL MINUS SOME USES IS NOT AN OPTION, IT'S A IS IT AN OPTION TO DO NEIGHBORHOOD RETAIL PLUS SOME USES? SO EITHER WAY, IT WILL BE THIS.

YEAH, THAT WOULD COME IN THE FORM OF A PLANNED DEVELOPMENT.

YES. AND TONIGHT FOR US, WE HAVE THE ZONING, THE APPROVAL OR DENIAL OF THE C.R.

OR THE RECOMMENDATION OF THE NEIGHBORHOOD SERVICE.

WHAT YOU'RE ASKING IS TO DO A PLAN DEVELOPMENT.

WELL, OKAY. NO, I MEAN, WELL, TO TO MODIFY TO MODIFY USES TURNS IT INTO A PLANNED DEVELOPMENT.

AND IS THAT A DIFFERENT PROCESS, LIKE A DIFFERENT APPLICATION? DIFFERENT. THOSE ARE ATTORNEYS DOWN THERE.

THEY'RE CONSULTING AS TO WHAT WE SHOULD AND SHOULD NOT DO AND CAN AND CANNOT DO.

BUT ALSO, WE'VE KIND OF GOT A POLICY OF NOT TRYING TO DESIGN EVERYTHING FROM THE FROM THE HORSESHOE HERE, BUT MAYBE PROVIDE YOU A PATH. AGAIN, WE'RE ONLY A RECOMMENDATION BODY AND THEN YOU CAN REFINE IT AND GET TO COUNSEL.

COMMISSIONER. COMMISSIONER AUBURN, I KNOW YOU'RE RIGHT THERE.

JUST A QUESTION WITH THE ATTORNEYS WITHIN THE SAME APPLICATION PROCESS SO THEY DON'T HAVE TO DO A SECOND APPLICATION, CAN WE?

[00:55:04]

WE DO HAVE THE ABILITY TO POSTPONE SINCE THIS IS JUST A STRAIGHT ZONING REQUEST.

YOU DO HAVE THE ABILITY TO POSTPONE IF WE'RE TALKING ABOUT A LESSER INTENSIVE ZONING.

IF YOU WENT WITH THE LESSER INTENSIVE ZONING AND THEN BETWEEN NOW AND COUNCIL, THEY ADDED A FEW THINGS THAT WOULD STILL MAKE IT LESS INTENSIVE THAN THE CR ZONING AND IN THE FORM OF A PD, THEN THAT'S SOMETHING THEY COULD BRING IN AS LONG AS THE PD SITS IN A LESSER INTENSIVE STATE THAN THAN THE C.R..

OKAY. SO SO BETWEEN NOW AND THEN, YOU COULD WORK WITH THE PLANNING DEPARTMENT TO TO COME UP WITH A PD THAT YOU COULD PRESENT TO COUNSEL.

AND I WOULD ALSO SUGGEST THE WAVERING OF THE DETAILED PLAN REQUIREMENT, IF THAT'S THE CASE.

WAVING. THAT WAVERING, WAVERING, WAVERING.

YEAH. SO I TRULY APPRECIATE THE FEEDBACK.

YOU KNOW, AND LIKE YOU GUYS MENTIONED, AUTOMOTIVE USE WOULDN'T BE THE IDEAL NEXT TO A PARK.

I TOTALLY AGREE.

AND IF I LIVE BEHIND, YOU KNOW, OUR PROPERTY NOW, I WOULDN'T WANT TO SHOP THERE EITHER.

SO IT'S IT'S VERY VALID.

NOW, IF THE ONLY MY ONLY REQUEST IS, I GUESS BECAUSE I MEAN, YOU'RE A SONY, YOU KNOW, LIKE A SOUNDING BOARD FOR THE CITY COUNCIL.

SOMETHING LIKE A PD, I GUESS WILL WORK.

NOT FROM UP DOWN, BUT FROM DOWN.

UP MEANING FROM THE NEIGHBORHOOD SERVICES AND ADD SOME OF MORE RETAIL USES LIKE RESTAURANTS OR, YOU KNOW, LIKE YOU SAID, I DON'T KNOW IF, YOU KNOW, AN ACTUAL SKATE SHOP WILL BE CONSIDERED A SHOP LIKE A SHOP IN GENERAL OR IF THERE SPECIFIC, YOU KNOW, USES FOR A MORE OF A ENTERTAINMENT SHOP KIND OF THING.

SO I GUESS IF THAT'S SOMETHING THAT WE CAN WORK WITH STAFF, I WOULD BE, YOU KNOW, TO ANSWER YOUR QUESTION, YEAH, I'LL BE OPEN TO THAT.

ALL RIGHTY, COMMISSIONER ROSE.

MY CONCERN AND I'M WONDERING, WE'RE TALKING ABOUT PERHAPS MAKING THIS CHANGE.

ARE YOU? DO YOU HAVE SOMEBODY READY TO BUY THIS OR ARE YOU GOING TO SIT ON IT FOR SOME TIME? I MEAN, IF IT'S IF IT'S NOT A PROBLEM, THEN WE SHOULD JUST BE ABLE TO GO AHEAD AND DO THIS, RECOMMEND IT TO COUNCIL, AND THEN YOU GOT TIME TO FIGURE IT ALL OUT. NO, NOT REALLY.

BUT IN THE SAME TOKEN, IF, LET'S SAY TWO OR THREE YEARS FROM NOW, A RESTAURANT COMES IN AND SAID, HEY, WE WOULD LIKE TO, YOU KNOW, PURCHASE THE LAND TO BUILD A RESTAURANT, THEN IT WILL BE A BRAND NEW PROCESS TO GO FROM NEIGHBORHOOD SERVICES TO COMMUNITY TO RETAIL BECAUSE IT'S NOT ALLOWED OR SUBMIT AN SNOOP FOR WHAT I UNDERSTAND.

SO THAT'S ALSO, YOU KNOW, ANOTHER PROCESS.

SO ALL I'M TRYING TO DO IS TO SORT OF LIKE POSITION THIS PROPERTY IN THE FUTURE SO THAT IT'S IT'S AN EASIER, YOU KNOW, TRANSITION TO WHOEVER IS GOING TO COME IN.

BUT I TOTALLY AGREE WITH YOU GUYS.

I MEAN, YOU KNOW, HAVING AUTOMOTIVE USE IS NOT IT'S NOT THE BEST USE FOR THAT SPECIFIC PIECE OF LAND.

NOTHING BIG IS GOING TO BE ABLE TO COME IN LIKE A HOTEL OR ANYTHING LIKE THAT.

BUT A SHOP WILL FIT BECAUSE IT'S A ONE ACRE PROPERTY.

SO I TOTALLY GET THAT.

ONE OF THE BENEFITS YOU HAVE NOW IS YOU HAVE THE TIME TO GET IT RIGHT.

SO INSTEAD OF RUSHING IT ON TO COUNCIL, WERE OUTSIDE A PROCESS CALLED THE SHOT CLOCK BECAUSE IT'S A STRAIGHT ZONING.

SO YOU CAN TAKE YOUR TIME, LOOK AT THE LIST OF USES AND GET WITH STAFF AND CRAFT SOMETHING.

BUT IF WE START WITH.

A DOWNGRADE TO NEIGHBORHOOD SERVICES THAT STILL GETS YOU PROBABLY 80, 90% OF WHERE YOU WANT TO BE AWAY FROM SINGLE FAMILY FOR YOUR PROPERTY VALUE.

SO TONIGHT, ARE WE RECOMMENDING A PAUSE, A SWITCH, A COMMISSIONER? WOULD THAT GIVE ME TIME TO TALK TO WORK WITH STAFF FOR.

SO THE PROCESS WOULD BE THAT WE WE MAKE IT JUST BECAUSE OF THE TECHNICALITIES OF IT.

IT WOULD REQUIRE TWO MOTIONS THAT WE DENY THE COMMUNITY RETELL, AND THEN WE APPROVE THE PROPERTY FOR NEIGHBORHOOD SERVICES.

THEN YOU WOULD HAVE A PERIOD OF TIME.

YOU'D HAVE AT LEAST A COUPLE OF WEEKS BEFORE IT GOES TO COUNCIL.

[01:00:02]

IF I'M CORRECT ON THAT, IF YOU NEEDED A MONTH THAT YOU COULD YOU COULD GET IT LATER ON THE COUNCIL CALENDAR.

BUT THE IDEA WOULD BE THAT YOU WOULD WORK WITH THE FOLKS IN PLANNING AND BRING SOMETHING.

AND I'D RECOMMEND REACHING OUT TO THE COUNCIL MEMBER FOR THE DISTRICT, MARGARET LUFT, AND, AND AND BRING UP PLAN DEVELOPMENT THAT HAS ALL OF THE THINGS THAT THAT YOU WANT AND NONE OF THE THINGS THAT NOBODY WANTS IN THAT IN THE MOVE FORWARD OR, YOU KNOW, ANOTHER OPTION WE HAVE WHICH WE REALLY HAVEN'T HAD THE AVAILABLE PAST TWO OR THREE YEARS, IS WE CAN POSTPONE THIS FOR TWO WEEKS OR SO.

LET THEM DO ALL THIS, BRING IT BACK TO US, AND THEN WE CAN MAYBE CLARIFY IT AND CLEAN IT UP FOR GOING TO COUNCIL.

IT'S IT'S AN OPTION.

UH, COMMISSIONER PIERCE? YEAH. IF THIS POSTPONE IS POSTPONED, IT IS AS COMMUNITY RETAIL.

NO, IT'S OKAY. IT'S POSTPONED.

NO VOTE WILL BE TAKEN EXCEPT TO POSTPONE.

THERE WILL BE NO CHANGE IN ZONING.

AND YOU CAN COME BACK IN TWO WEEKS OR A MONTH AFTER WORKING WITH THE STAFF AND SAY, HEY, NEIGHBORHOOD SERVICES, WE ADD THIS AND THIS.

NOT BAD, AND THEN CAN CHANGE.

OKAY. I MEAN, I WOULD JUST AS SOON GO AHEAD AND MOVE YOU FORWARD TO THE CITY COUNCIL.

YOU DON'T NEED TO COME BACK AND SEE US BECAUSE YOUR OPTION TO MAKE WE'VE TALKED IT THROUGH.

SO I'M GOING AHEAD AND MOVE THAT.

WE DENY THE APPLICATION FIRST MOTION THAT WE DENY THE APPLICATION FOR COMMUNITY RETAIL.

SECOND. OKAY.

WE HAVE A MOTION BY COMMISSIONER AUBIN AND A SECOND BY COMMISSIONER JENKINS TO DENY THE CHANGE TO COMMUNITY RETAIL AND ATTORNEYS DOWN THERE LOOKING AT ME.

AND I THINK WE'RE OKAY. WE'RE GOOD.

ALL RIGHTY. PLEASE VOTE.

WELL, IT PASSES UNANIMOUSLY.

COMMISSIONER AUBURN, DO YOU HAVE A FOLLOW UP MOTION? I DO HAVE, AS LUCK WOULD HAVE IT, I HAVE A FOLLOW UP MOTION.

I MOVE THAT WE APPROVE A CHANGE OF ZONING FROM SINGLE FAMILY SF SEVEN DISTRICT TO NEIGHBORHOOD SERVICES FOR THE PROPERTY AT 820 WEST MILL ROAD. MOTION BY COMMISSIONER AUBIN AND A SECOND BY COMMISSIONER JENKINS TO CHANGE THE ZONING FROM SINGLE FAMILY SEVEN TO NEIGHBORHOOD SERVICES FOR THE AFOREMENTIONED PROPERTY.

PLAIN AND SIMPLE. ZONING CHANGE.

PLEASE VOTE. IN THAT TWO PASSAGE UNANIMOUSLY.

THANK YOU. I KNOW IT WAS A BEATING, BUT I THINK YOU'LL ENJOY IT IN THE END THERE.

THE RESULTS SOUNDS LIKE YOU HAVE ANOTHER ONE COMING.

SO I DON'T NEVER WANT TO SEE HOW THE SAUSAGE IS MADE.

CONGRATULATIONS. THANK YOU, EVERYONE.

THANK YOU. THANK YOU, EVERYBODY.

I THINK THAT WAS SOME GOOD DISCUSSION AND A GOOD RESOLUTION.

ALL RIGHTY. ITEMS, WE HAVE A TWO PARTER COMING UP HERE.

[Items 3D & 3E]

THIS PROPERTY IS LOCATED AT 5200 BOB TOWN ROAD AND ITEM THREE CONSIDERATION OF THE APPLICATION OF WILLIAM BEBB.

I SAID BOB EARLIER, MY MISTAKE.

FRANCIS. THE THIRD REQUESTING APPROVAL OF A PLAN FOR AN ANTENNA COMMERCIAL USE ON A PROPERTY ZONED AGRICULTURAL DISTRICT.

SO THE APPLICANT HERE TONIGHT.

NAME AND ADDRESS, PLEASE.

ABSOLUTELY. WE INBEV FRANCIS, THE THIRD OF 112 BEASTS.

PECAN IN SAN ANTONIO.

I REPRESENT GTP ACQUISITION PARTNERS, WHICH IS A DIVISION OF AMERICAN TOWER CORPORATION, AND I JUST WANTED TO TAKE THE PERSONAL OPPORTUNITY TO THANK THE BEHA AND TRACEY AND YOUR STAFF HAVE BEEN TREMENDOUS TO WORK WITH IN REQUESTING AND WALKING THROUGH WITH US THE PROCESS TO GET US HERE TONIGHT TO REQUEST A RENEWAL OF THIS ACP.

AND I LOOK FORWARD TO ANY QUESTIONS THAT YOU MAY HAVE.

BUT AGAIN, THANK YOU TO YOUR TEAM.

ANY QUESTIONS OF THE APPLICANT? DID YOU GET A CHANCE TO SEE THE RESPONSES? THERE WAS ONE RESPONSE FROM A PERSON WHO IS CONCERNED ABOUT THE UPKEEP OF THE PROPERTY AND THE FENCE AND EVERYTHING.

SO THAT'S JUST A COMMENT TO MAYBE LET YOU KNOW THAT THE OWNER MAY NEED TO LOOK AT SOME OF THOSE ISSUES.

I DID NOT, BUT I'LL GET WITH NABILA AND GET A COPY OF THAT AND FORWARDED TO THE ATC TEAM HTTP.

ALL RIGHTY. THANK YOU.

OH, YOU'RE WELCOME. I HAVE NO OTHER SPEAKERS LISTED.

ANYBODY ELSE IN THE AUDIENCE WAS SPEAKING BESIDE HIM.

OKAY. GENERAL, ENTERTAIN A MOTION.

MORE DISCUSSION. MR. CHAIRMAN. WELL, I'M SORRY.

[01:05:01]

I'M SORRY. THIS IS JUST A QUESTION FOR THE APPLICANT.

SO THERE'S BEEN A RECOMMENDATION FOR CONSIDERATION OF A LIMIT TO THE SUP.

SO FROM AN INDEFINITE PERIOD OF TIME TO A SPECIFIC PERIOD OF TIME, ARE YOU PARTICULARLY OPPOSED TO A 20 OR 30 YEAR PERIOD? NOT AT ALL. WE ABSOLUTELY DON'T FOLLOW THOSE PROCEDURES.

COMMISSIONER, THANK YOU.

THANK YOU. THANK YOU.

COMMISSIONER PARRIS.

MINE WAS TO CLOSE THE PUBLIC HEARING, BUT IF COMMISSIONER ROSS HAS A QUESTION FOR THE APPLICANT.

SO IN YOUR SECONDING, UH, UH, SO CLOSE THE PUBLIC HEARING, LOOK AT MY.

YES. AND THANK YOU.

ANSWER FOR THE REQUEST.

YES. IS THERE A TIME PERIOD ON THAT REQUEST? IS THAT IT? AS.

OH, THE 20 TO 30 RECOMMENDATION.

YES. WE HAVE TO SELECT A NUMBER.

20. 30 OR INDEFINITE.

THE. WHAT I SAW IN THE THE AVERAGE THAT WE HAVE, I WOULD RECOMMEND IT AT THE 30.

OKAY. YES. ALL RIGHT.

WE HAVE A MOTION BY COMMISSIONER PARRIS, A SECOND BY COMMISSIONER ROSE TO APPROVE THE SUPP RENEWAL FOR A PERIOD OF 30 YEARS.

ANY DISCUSSION, PLEASE VOTE.

OKAY, LET'S TRY THAT PASSES UNANIMOUSLY.

THANK YOU. THANK YOU.

AND WELCOME BACK TO GARLAND.

THANK YOU. NICE TO BE BACK.

ALL RIGHTY. NEXT, TWO ITEMS AGAIN ARE TAKEN TOGETHER.

ITEM THREE F CONSIDERATION OF THE APPLICATION OF DON GORDON REQUESTING APPROVAL OF AN AMENDMENT TO PLAN DEVELOPMENT DISTRICT 20 202 TO ALLOW A

[Items 3F & 3G]

THIS PROPERTY IS LOCATED AT 2025 OLD MILL RUN AN ITEM THREE G CONSIDERATION THE APPLICATION OF DON GORDON REQUESTING APPROVAL OF A DETAILED PLAN FOR A WAREHOUSE OFFICE SHOWROOM INDOORS USE.

MR. CHAIR, WE NEED TO GO BACK AND CONSIDER THREE THE PLAN.

WE APPROVED THE SPECIFIC USE PROVISION, BUT WE SKIPPED OVER THE PLAN.

I TOLD YOU I DO THAT FROM TIME TO TIME.

SO YOU'RE GETTING OLDER? YEAH.

YEAH. THAT WHEN YOU'RE A COMMISSIONER, PERISH.

SO WISH TO MAKE A MOTION AND YOU ARE LIVE.

AND THAT WOULD BE FOR ITEM THREE.

THE PLAN WITH THAT GOES WITH THE SPECIFIC USE PROVISION.

I MOVED TO APPROVE THE PLAN AS PRESENTED.

A MOTION BY COMMISSIONER PARRIS.

AND I SAW FIRST, SECOND FROM COMMISSIONER AUBIN HERE TO APPROVE THE PLAN FOR THE ANTENNA.

PLEASE VOTE. AND I DIDN'T TAKE OR DID IT? MINE HASN'T REGISTERED YET.

IF YOU WANT TO GO, CAN YOU SHOW THE BOAT WITH THAT MINE BEING IN THERE? AND I WILL NOTE THAT I'M VOTING FOR IT ALSO.

NOW THE NO SHOWS UP ON MINE.

LET ME DO THAT. IT.

NO, YOU SHOULD BE, OF COURSE. OKAY.

YEAH, THAT PASSES UNANIMOUSLY.

HMM. ALL RIGHTY.

I'M HAVING A LITTLE DIFFICULTY HERE.

AND AND THANK YOU VERY MUCH DOWN THERE FOR REMINDING ME OF MY MISSED VOTE.

ALL RIGHTY. SO THE APPLICANT HERE FOR OUR CASES, MR. DON GORDON.

HELLO. GOOD EVENING ON GORDON SIX DONE.

ROBIN GARLAND, TEXAS 75044.

ANY QUESTIONS OF MR. GORDON? A FINE PRESENTATION, SIR.

THANK YOU VERY MUCH.

IT WAS. IT WAS ONE OF MY BEST, IF NOT THE.

THANK YOU ALL VERY MUCH. AND I'M REALLY COMPLIMENTARY OF THE PLANNING DEPARTMENT.

THEY HELP. THANK YOU. I WILL ASK IF THERE'S ANYBODY ELSE IN THE AUDIENCE WHO WISH TO SPEAK ON THIS ITEM.

SEEING. NONE. COMMISSIONERS.

COMMISSIONER. CHAIRMAN.

I'D LIKE TO MAKE A MOTION THAT WE THAT WE PASS THREE F AS PRESENTED AND.

AND 3GG.

THANK YOU. YEAH.

AND CLOSE THE PUBLIC HEARING.

ALL RIGHTY. A MOTION TO CLOSE A PUBLIC HEARING AND APPROVE ITEM THREE F THE AMENDMENT TO THE PD AND THREE G.

[01:10:04]

ANY DISCUSSION.

AND DID I NOTE THAT COMMISSIONER JENKINS WAS A SECOND? ALL RIGHTY. PLEASE VOTE.

IT PASSES UNANIMOUSLY.

THANK YOU VERY MUCH.

THAT WAS THE LAST ITEM ON OUR PUBLIC HEARING PORTION OF THE MEETING.

WE WILL BE RECESSING INTO AN EXECUTIVE SESSION.

[4. EXECUTIVE SESSION]

ONCE WE'RE THROUGH WITH THAT, WE WILL ADJOURN FROM WITHIN THERE AND OUR MEETING WILL BE CONCLUDED AT THAT POINT.

SO AT THIS POINT, WE'RE IN RECESS TO GO INTO EXECUTIVE SESSION.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.