Oct 17, 2023 City Council

[00:00:01]

THERE IT IS.

WELL, GOOD EVENING AND WELCOME TO

[CALL TO ORDER]

IT IS A CUSTOM AND TRADITION OF THIS COUNCIL TO HAVE INVOCATION AND RECITAL OF THE PLEDGE ALLEGIANCE PRIOR TO OUR MEETING, UH, LED BY ONE OF OUR COUNCIL MEMBERS.

UH, YOU ARE INVITED TO PARTICIPATE IF YOU SO CHOOSE, UH, BUT IT IS NOT REQUIRED.

AND WHATEVER DECISION YOU MAKE WILL TO MAKE WON'T IMPACT THE DECISIONS WE MAKE HERE THIS EVENING.

AND TONIGHT WE WILL BE LED BY COUNCIL MEMBER WILLIAMS FROM DISTRICT FOUR, SIR.

THANK YOU.

MAYOR, WOULD YOU ADJOURN THIS IN PRAYER IF YOU DESIRE TO DO SO, MR. CORRECT.

OH GOD.

DESPITE THE WHIRLWIND OF WORLD CONFLICT AND CALAMITIES, THANK YOU FOR CONTINUING TO BLESS OUR CITY WITH THE SPIRIT OF CORPORATION AND PARTICIPATION AND INSPIRATION.

HELP US TO CONTINUE TO LEAN, NOT ON OUR OWN UNDERSTANDING, BUT LEAN ON YOU AND YOU SHALL CONTINUE TO DIRECT OUR PATH.

IN YOUR HOLY NAME WE PRAY.

YES.

AMEN.

OUR AMEN.

THE PRAISE, PLEASE.

I PRAY.

ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER AND MADE DIVISIBLE WITH FAVOR, PROCEED, AND JUSTICE FOR ALL.

ONCE AGAIN, GOOD EVENING EVERYONE.

[MAYORAL PROCLAMATIONS, RECOGNITIONS AND ANNOUNCEMENTS]

AND SO TONIGHT, UH, WE HAVE, UH, OUR, UH, CODE COMPLIANCE TEAM IS HERE.

IT IS, UH, CODE COMPLIANCE MONTH, RIGHT? YOU MIGHT AS WELL BRING 'EM ALL UP HERE, .

ABSOLUTELY.

THEY'RE GOING DOWN WITH ME.

YOU, YOU, YOU GET ALL THE WAY TO CITY HALL, MAN.

YOU MIGHT AS WELL COME ALL THE, ALL THE WAY UP HERE.

IT'S OKAY.

Y'ALL JUST KINDA LIKE, OH BOY.

GOTTA LISTEN TO THE MAYOR TALK.

WELL, IT IS, UH, CODE COMPLIANCE MONTH, AND, UH, WHEREAS THE CODE COMPLIANCE DEPARTMENT STRIVES TO HELP GARLAND RESIDENTS DAILY WITH NEEDS RELATED TO THEIR NEIGHBORHOODS AND RESIDENCES, THEY CONTINUOUSLY GO ABOVE AND BEYOND TO ENSURE OUR CITY IS SAFE, CLEAN, AND IN COMPLIANCE WITH ALL CITY, STATE, AND FEDERAL REGULATIONS.

AND WHEREAS CODE COMPLIANCE OFFICERS PROVIDE FOR SAFETY AND WELFARE OF THE CITIZENS THROUGHOUT THE UNITED STATES, THROUGH THE ENFORCEMENT OF LOCAL CODES AND ORDINANCES ON VARIOUS ISSUES OF BUILDING, ZONING, HOUSING, ANIMAL CONTROL, ENVIRONMENTAL HEALTH, AND LIFE SAFETY.

AND WHEREAS CODE COMPLIANCE OFFICERS OFTEN HAVE A CHALLENGING AND DEMANDING ROLE, AND OFTEN DO NOT RECEIVE THE RECOGNITION FOR THE JOB THEY PROVIDE IMPROVING LIVING AND WORKING CONDITIONS FOR RESIDENTS AND BUSINESSES OF LOCAL COMMUNITIES.

WHEREAS THE ROLE OF MANY CODE COMPLIANCE OFFICERS, UH, HAVE EXPANDED IN RECENT YEARS WITH THE INCREASED NUMBER OF FORECLOSED AND ABANDONED PROPERTIES, UH, IN COMMUNITIES IMPACTED ECONOMICALLY.

THEY ARE DEDICATED AND HIGHLY QUALIFIED PROFESSIONALS WHO SHARE THE GOALS OF PREVENTING NEIGHBORHOOD DETERIORATION, ENHANCING AND ENSURING SAFETY AND PRESERVING PROPERTY VALUES THROUGH KNOWLEDGE AND APPLICATION OF HOUSING, ZONING AND NUISANCE CODES.

AND WHEREAS CODE COMPLIANCE OFFICERS OFTEN HAVE A HIGHLY VISIBLE ROLE IN THE COMMUNITIES THEY SERVE AND REGULARLY INTERACT WITH A VARIETY OF STATE, COUNTY, AND FIRST RESPONDERS, LEGISLATIVE BOARDS, COMMISSIONS, AGENCIES, AND OTHER BODIES.

AND WHEREAS CODE COMPLIANCE OFFICERS ARE CALLED UPON TO PROVIDE QUALITY CUSTOMER SERVICE AND EXCELLENCE TO THE RESIDENTS AND BUSINESSES IN THE COMMUNITIES THAT THEY SERVE.

AND WHEREAS THE AMERICAN ASSOCIATION OF CODE ENFORCEMENT WAS ESTABLISHED IN 1988 FOR THE PURPOSE OF PROVIDING ONGOING TRAINING AND SUPPORT FOR CODE ENFORCEMENT PROFESSIONALS WORKING IN THE UNITED STATES, THE ORGANIZATION WOULD LIKE TO RECOGNIZE AND HONOR CODE ENFORCEMENT OFFICERS AND PROFESSIONALS ACROSS THE UNITED STATES AND BRING AWARENESS TO THE IMPORTANCE OF CODE ENFORCEMENT IN THE COMMUNITIES THAT THEY SERVE.

NOW, THEREFORE, I SCOTLAND, MAY MAYOR OF THE CITY OF GARLAND, ALONG WITH THE CITY COUNCIL, DO HEREBY PROCLAIM THE MONTH OF OCTOBER, 2023 AS NATIONAL CODE COMPLIANCE MONTH.

AND WE CALL UPON RESIDENTS TO JOIN US IN RECOGNIZING AND EXPRESSING THEIR APPRECIATION FOR THE DEDICATION AND SERVICE BY THE INDIVIDUALS WHO SERVE IN OUR CODE ENFORCEMENT DIVISION.

THANK YOU ALL VERY MUCH.

THANK YOU.

THANK YOU,

[00:05:07]

I WILL TURN THIS OVER TO YOU.

ALRIGHT, SIR.

THANK YOU, MAYOR.

COUNSEL.

UM, IT IS WITH GREAT HONOR THAT WE ACCEPT THIS PROCLAMATION TONIGHT.

UH, WHAT I'D LIKE TO DO IS INTRODUCE MY TEAM THAT'S HERE.

UH, WE HAVE BRAD VANOVER.

BRAD IS OUR ONE OF OUR HOUSING STANDARD, UH, IN OFFICERS.

HE, UH, HELPS OUT WITH THE MULTI-FAMILY, UH, INSPECTIONS.

RACHEL AGUILAR, SHE ALSO IS IN THE HOUSING STANDARDS DIVISION.

SHE'S A MULTI-FAMILY INSPECTOR AS WELL.

KEVIN FAM, UH, HE'S ANOTHER MEMBER OF OUR HOUSING STANDARDS DIVISION AND A MULTI-FAMILY INSPECTOR.

LANCE POLLSTER IS THE MANAGER OF THAT DIVISION.

UH, HE MANAGES OUR MULTIFAMILY AND OUR SINGLE FAMILY RENTAL PROGRAM.

LIL GAMMA IS OUR BUSINESS OFFICE MANAGER.

SEAN WEINSTEIN IS THE MANAGER OF OUR NEIGHBORHOOD STANDARDS AND COMMERCIAL DIVISION.

UH, CHRIS HARRIS IS ALSO A NEIGHBORHOOD STANDARDS MANAGER.

SO, UH, ON BEHALF OF THEM AND ALSO THE ONES THAT AREN'T HERE TONIGHT, UH, WE ARE VERY, UH, HONORED, UH, IN ACCEPTING OF THIS PROCLAMATION.

AND, UH, AS YOU SAID, WE, WE ARE SERVANTS FOR THE CITIZENS OF GARLAND AND THE PROPERTY OWNERS, AND WE TAKE THAT, UM, RESPONSIBILITY VERY HIGHLY.

SO AGAIN, THANK YOU SO MUCH FOR THIS PROCLAMATION.

THANK YOU.

THANK YOU ALL FOR WHAT YOU DID.

ALL RIGHT.

WE WILL GET STARTED HERE, OR WE'RE A LITTLE BIT OUTTA SYNC.

WE HAD OUR WORK SESSION EARLIER THIS EVENING.

WE, WE BUMP OUR FIRST MEETING IN OCTOBER BECAUSE THE NATIONAL NIGHT OUT, AND THEN WE END UP MEETING IN BACK TO BACK WEEKS.

AND SO IT, THE, THE SCHEDULE GETS A LITTLE WEIRD FOR US.

UH, AND SO WE HAD A THREE MINUTE WORK SESSION EARLIER.

I'D LIKE TO TELL YOU THAT THIS MEETING WOULD RIVAL THAT, BUT IT WILL NOT IN TIME.

IT, IT, WE WILL DEFINITELY GO LONGER THAN THAT.

UH, BEFORE WE GET STARTED, UH, I JUST WANT TO, UH, TAKE A MOMENT.

UH, YOU MAY OR MAY NOT BE AWARE THAT ON SATURDAY, UH, WE HAD A BIG PARTY DOWNTOWN WHERE WE REOPENED, UH, THE SQUARE AFTER A TWO YEAR CONSTRUCTION PROJECT.

AND WE HAD A GREAT TIME.

AND, AND, AND I KNOW THAT THIS THANK YOU TO THE CITIZENS WHO CAME OUT, UM, ENJOYED IT.

UM, AND, AND THANK ALL OF THEM FOR SUPPORTING IT.

UH, BUT I WANT TO TAKE A MOMENT TO THANK OUR STAFF.

UH, THAT, THAT WORKED VERY, VERY HARD, UH, SO THAT WE COULD ALL HAVE FUN ALL DAY ON SATURDAY.

UM, IT, IT REALLY GOES ACROSS THIS ENTIRE ORGANIZATION.

I MEAN, YES, THERE ARE GROUPS THAT, THAT WERE MORE OUT FRONT.

I MEAN AS, AS FAR AS PARKS AND REC AND VISIT GARLAND AND, UH, YOU KNOW, SOME OF THOSE GROUPS.

BUT REALLY WE HAD EMPLOYEES FROM ALL PARTS OF THIS ORGANIZATION, VOLUNTEERING, WORKING, UH, THE EVENT AND ALL HERE, UH, AGAIN, SO THAT WE COULD HAVE FUN.

UH, AND WE DID.

WE HAD A FULL DAY OF FUN.

SO I WANT TO THANK ALL OF THEM.

UH, WE HAD, UH, I THINK WE HAD SOMEWHERE A LITTLE OVER 10,000 VISITORS DOWNTOWN, UM, OVER THE SPAN OF THE DAY, WHICH IS A TREMENDOUS AMOUNT OF NUMBER OF PEOPLE TO WORK THROUGH HERE.

UH, WE ENDED THE EVENING WITH A GREAT CONCERT, A FANTASTIC CONCERT FROM LEANNE RIMES.

UM, AND SO AGAIN, TO ALL OF OUR STAFF, THANK YOU VERY MUCH.

ALL RIGHT, LET'S DO SOME OFFICIAL STUFF NOW.

THE FIRST ITEM, UH, ON

[CONSENT AGENDA]

UH, ALL ITEMS UNDER THIS SECTION ARE RECOMMENDED FOR APPROVAL BY A SINGLE MOTION OF COUNSEL WITHOUT DISCUSSION.

COUNSEL HAS HAD THE OPPORTUNITY TO REVIEW EACH OF THESE ITEMS AT PREVIOUS WORK SESSIONS AND APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE CITY MANAGER TO IMPLEMENT EACH ITEM.

I'LL ANNOUNCE THE AGENDA AND PROVIDE AN OPPORTUNITY FOR MEMBERS OF THE AUDIENCE OR THE COUNCIL TO REQUEST THAT AN ITEM BE REMOVED AND CONSIDERED SEPARATELY.

CURRENTLY, I DO NOT HAVE ANY REQUESTS, UH, BUT LET ME GO THROUGH THE AGENDA.

ITEM ONE, CONSIDER APPROVAL OF THE MINUTES OF THE OCTOBER 17TH, 2023, REGULAR MEETING.

ITEM TWO, CONSIDER APPROVAL OF THE FOLLOWING BIDS.

ITEM TWO, A, G, P, AND L GERVIN TO GREASEWOOD.

2 3 4 3 45

[00:10:02]

ITEM TWO B, FIRE STATION SEVEN.

DESIGN SERVICES, ITEM TWO C G P N L, OLINGER AND SPENCER PLANT ELECTRICAL SERVICES.

ITEM TWO D, FRONT LOADER CHASSIS.

ITEM THREE.

PUBLIC HEARINGS WERE PREVIOUSLY CONDUCTED FOR THE FOLLOWING ZONING CASES.

COUNSEL APPROVED THE REQUEST AND INSTRUCTED STAFF TO BRING FORTH THE FOLLOWING ORDINANCES FOR CONSIDERATION.

FIRST ITEM THREE, A ZONING K Z 23 DASH 25.

PACHECO KOCH, A WESTWOOD COMPANY IN DISTRICT ONE.

ITEM THREE B, UH, ZONING FILE Z 23 DASH 29, SPIS ENGINEERING IN DISTRICT FIVE.

UH, ITEM FOUR, UH, GARLAND CULTURAL ARTS COMMISSION INCORPORATED, HOTEL OCCUPANCY TAX, REVENUE BUDGET, SUB-GRANT RECIPIENTS AND HOTEL OCCUPANCY TAX PROGRAM MANAGEMENT AGREEMENT.

ITEM FIVE, IMPROVEMENT, UH, BOTTLENECK IMPROVEMENT PROGRAM.

UH, PROJECT SPECIFIC AGREEMENT WITH DALLAS COUNTY.

ITEM SIX, CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE THE FUNDING AGREEMENT WITH DALLAS COUNTY.

ITEM SEVEN, CONSIDER A CITY COUNCIL RESOLUTION IN COMPLIANCE WITH SB 1413 REGARDING CLEARING OF ROADWAYS.

ITEM EIGHT, NEW SIDEWALK, DALLAS AREA RAPID TRANSIT, DOWNTOWN GARLAND STATION.

AND THE LAST ITEM, ITEM NINE, CONSIDER A LEASE WITH BOY SCOUTS OF AMERICA TROOP 100 FOR 1 1 6 SOUTH SIXTH STREET.

THAT IS THE CONSENT AGENDA.

IS THERE ANYONE WHO WOULD LIKE TO HAVE ANY OF THESE ITEMS PULLED AND CONSIDERED SEPARATELY? LEE, SEEING NONE.

COUNCILOR WILLIAMS. THANK YOU MAYOR.

UH, MAYOR, I MOVE FOR ADOPTION OF THE CONSENT AGENDA AS PRESENTED.

I HAVE A MOTION BY COUNCIL MEMBER WILLIAMS, UH, SECOND BY COUNCIL MEMBER, UH, DEPUTY MAYOR PRO TIMM MOORE, UH, TO APPROVE THE CONSENT AGENDA AS PRESENTED.

MADAM SECRETARY, YOU CAN PREPARE THE VOTE FOR US.

PLEASE COUNCIL AND DISPLAY THE VOTE AND THAT THOSE ITEMS ARE APPROVED UNANIMOUSLY.

THAT BRINGS US TO OUR ITEMS FOR INDIVIDUAL CONSIDERATION.

MA'AM, SECRETARY, COULD YOU GO THROUGH THE SPEAKER REGULATIONS FOR US? YES, SIR.

THE OPPORTUNITY TO SPEAK IS GIVEN TO PROVIDE TESTIMONY RATHER THAN TO QUESTION THE CITY COUNCIL OR THE STAFF.

THE CHAIR MAY CALL A SPEAKER OUT OF ORDER IF THE SPEAKER PRESENTS QUESTIONS OR REQUESTS FOR INFORMATION THAT WILL UNDULY DELAY THE TRANSACTION OF BUSINESS.

AT THIS MEETING, SPEAKERS WILL BE ALLOWED TO SPEAK ON A FIRST COME, FIRST TO SPEAK BASIS AS DETERMINED BY THE ORDER IN WHICH THE CITY SECRETARY RECEIVES THE SPEAKER'S INFORMATION.

APPLICANTS ARE ALLOWED 10 MINUTES FOR PRESENTATIONS AND ALL OTHER SPEAKERS WILL BE ALLOWED THREE MINUTES TO SPEAK WHEN THE PODIUM BUZZER SOUNDS, THE SPEAKER MUST END THEIR COMMENTS.

WE DO HAVE SPEAKERS ON TWO OF THE CASES.

A AND C.

A AND C.

ALRIGHT, WELL LET'S GO WITH THE FIRST, UH, ITEM

[10. a. Consider a request by Momentum Tattoo LLC to renew a Specific Use Provision for an existing Tattooing Establishment. The site is located at 532 Main Street, Suite B in District 2. ]

CONSIDER A REQUEST BY MOMENTUM TATTOO L L C TO RENEW A SPECIFIC USE PROVISION FOR AN EXISTING TATTOOING ESTABLISHMENT.

THIS SITE IS LOCATED AT 5 3 2 MAIN STREET, SUITE B IN DISTRICT TWO.

AND THIS ITEM HAD BEEN POSTPONED FROM OUR OCTOBER 10TH MEETING, MR. KAREN MAYOR AND COUNSEL.

GOOD EVENING.

THIS IS CASE Z 23 DASH 30, AND IT IS A SPECIFIC USE PROVISION.

RENEWAL FOR MOMENTUM TATTOO LOCATION IS 5 32 MAIN STREET AND SUITE B AND THE SQUARE FOOTAGE OF THE, UH, TENANT SPACE THAT MOMENTUM OCCUPIES IS ABOUT 2300 SQUARE FEET.

IT IS DIS ZONED WITHIN THE DOWNTOWN DISTRICT AND MORE SPECIFICALLY THE DOWNTOWN SQUARE SUBDISTRICT.

AND IT IS, UH, LOCATED OF COURSE IN DOWNTOWN GARLAND.

AND YOU CAN KIND OF SEE THIS TENANT SPACE THERE RIGHT IN THE HEART OF DOWNTOWN GARLAND, JUST RIGHT ACROSS THE STREET FROM THE DOWNTOWN SQUARE.

AND THE COMPREHENSIVE PLAN, UM, IDENTIFIES THE CORE OF THE DOWNTOWN AREA AS COMMUNITY CENTERS AND, UH, STAFF FINDS THAT THE, UH, PROPOSAL CONTINUES TO ALIGN WITH THE COMMUNITY CENTER'S DESIGNATION.

AND HERE'S SOME PHOTOS OF THE AREA, INCLUDING THE FRONTAGE OF MOMENTUM TATTOO.

THERE.

ON THE LEFT, YOU CAN SEE OUR BEAUTIFUL DOWNTOWN SQUARE, JUST ACROSS THE STREET, ACROSS MAIN STREET AND JUST LOOKING, UH, WEST AND EAST DOWN MAIN STREET FROM THE GENERAL LOCATION OF MOMENTUM TATTOO.

AND THE, UH, SITE PLAN OR FLOOR PLAN, IF YOU WILL, IS, UH, STAYING THE SAME.

THE LOCATION THERE, THE PER APPLICANT IS NOT PROPOSING ANY EXPANSIONS, UH, HOURS OF OPERATION.

EVERYTHING WILL REMAIN THE SAME.

THE S U P WAS ISSUED IN 2020, UH, FOR A PERIOD OF THREE YEARS, AND THAT IS EXPIRING, UH, THIS YEAR.

SO THEY ARE ASKING, ASKING FOR AN EXTENSION OF THAT.

[00:15:02]

UH, AS A REMINDER, THE PREVIOUS S U P APPROVAL WAS THREE YEARS, UH, BUT THE 10 YEAR, UH, REQUEST DOES ALIGN WITH THE S U P TIME PERIOD, WHICH HAS A FIVE TO 10 YEAR RECOMMENDED RANGE.

UM, WITH THE S U P RENEWAL IS ALSO AN ASK TO, UH, CONTINUE THE, UH, MAJOR WAIVER REQUEST THAT CAME WITH THAT.

THE G D C DOES HAVE A DISTANCE, UH, MINIMUM DISTANCE REQUIREMENT BETWEEN TATTOO, UM, SHOPS AND CERTAIN USES, UH, CHURCHES ARE THE EXAMPLE, UM, HERE, UH, OR THAT APPLY HERE.

SO THE FOUNDRY CHURCH AND LIFE WELL CHURCH, UH, DOWNTOWN ARE BOTH, UM, LESS THAN 500 FEET AWAY PER THE G D C MEASUREMENT GUIDELINES FROM FRONT DOOR TO FRONT DOOR.

UM, SO THE APPLICANT IS OF COURSE PROPOSING, UH, WITH THAT S P RENEWAL TO CONTINUE THAT.

SO THAT MAJOR WAIVER WOULD CONTINUE IF APPROVED.

AND THE DOWNTOWN SQUARE, THE, THE G D C ALSO MENTIONS A CERTAIN DISTANCE FROM PUBLIC PARKS.

UH, BUT THE DOWNTOWN SQUARE IS NOT, UH, CONSIDERED A MUNICIPAL MUNICIPAL PARK BY ORDINANCE.

AND IT SHOULD BE NOTED THAT ROCKING TATTOOS, UM, WHICH IS I BELIEVE THE CLOSEST TATTOO SHOP TO THIS LOCATION IS MORE THAN 500 FEET FROM THE NEAREST EXISTING, UH, OR FROM THE SUBJECT PROPERTY.

SO WITH THAT STAFF'S RECOMMENDATION IS APPROVAL OF THE S U P RENEWAL.

THAT INCLUDES THE MAJOR WAIVER AND THE PLAN COMMISSION RECOMMENDED APPROVAL AS WELL.

THAT WAS WITH A, UH, SEVEN TO ZERO UNANIMOUS VOTE.

AND MAYOR, WE MAILED OUT, UH, 67 NOTIFICATION LETTERS ON THIS CASE.

WE RECEIVED, UH, FIVE RESPONSES IN FAVOR WITHIN THE NOTIFICATION AREA AND ONE AGAINST THE REQUEST, UM, ALSO WITHIN THE NOTIFICATION AREA.

AND WE DID NOT RECEIVE ANY OUTSIDE THE NOTIFICATION AREA.

SO THANK YOU.

VERY GOOD.

ANY QUESTIONS FOR STAFF ON THIS ITEM? I SEE NONE.

THANK YOU, SIR.

MA'AM, SECRETARY, DO WE HAVE SPEAKERS? WE HAVE TWO SPEAKERS.

UH, RENEE CHAVEZ AND CATRIN WALTERS.

ALL RIGHT.

HELLO.

ALL RIGHT.

SO I KNOW IT'S BEEN A WHILE SINCE WE'VE DONE THIS, UH, BUT I'M GONNA NEED YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE, BOTH OF YOU.

UH, MY NAME'S CAJUN WALTERS, AND MY ADDRESS IS 11 9 2 0 STATE HIGHWAY 11, COMBY, TEXAS.

IT'S A NEW ADDRESS, SO WE'RE STILL A MEMBERING.

IT SOUNDS VERY COMPLICATED.

IT'S, UH, RENEE ANO CHAVEZ.

WHAT'S THE ADDRESS? CAN YOU SAY IT TO THEM? CAN I SAY HIS ADDRESS? HE'S NOT GONNA BE ABLE TO, SO YOU MIGHT AS WELL.

11 9 2 0 STATE HIGHWAY 11, COMBY, TEXAS.

I HOPE YOU HAVE NAVIGATION ON YOUR PHONE OR SOMETHING TO GET YOU HOME.

WELL, WE'LL GIVE YOU, YOU'LL HAVE TIME HERE, 10 MINUTES OR SO TO MAKE YOUR PRESENTATION OR JUST SIMPLY ANSWER QUESTIONS.

IT'S UP TO YOU.

WE'RE JUST HERE TO ANSWER QUESTIONS.

OKAY.

.

ALRIGHT.

ANY QUE ANY QUESTIONS FOR THE APPLICANT? WOW, WELL, I DON'T SEE ANY, UM, ALL RIGHT, THANK YOU.

THAT WAS EASY.

ALRIGHT.

ALRIGHT.

SEEMS LIKE YOUR ADDRESS WAS THE HARDEST PART OF THE EVENING.

THE HARDEST PART? YEAH.

ALL RIGHT.

VERY GOOD.

THANK YOU.

ALRIGHT, THANK YOU.

IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM? I SEE NONE.

I WILL TELL YOU.

UH, I WANT TO THANK YOU BOTH.

UM, IT, IT, IT SEEMS LIKE A LOT LONGER THAN THREE YEARS AGO.

I WENT BACK AND WATCHED THE HEARINGS FROM THREE YEARS AGO.

IT GAVE ME A LITTLE BIT OF ANXIETY BECAUSE IT WAS ALL COVID PROTOCOL THINGS.

AND SO, UM, YOU, THERE WERE, THERE WERE SOME NAYSAYERS WE'LL SAY, UM, WHEN YOU, WHEN YOU GUYS FIRST ARRIVED AND YOU STUCK TO YOUR GUNS AND YOU HAVE DONE EVERYTHING YOU SAID YOU WERE GOING TO DO AND THEN SOME.

SO I APPRECIATE THAT.

THANK YOU.

COUNCIL LADY MORRIS.

THANK YOU, MAYOR.

UM, I WOULD THEN, IF WE DON'T HAVE ANY MORE DISCUSSION, MOVE TO APPROVE ITEM 10 A WITH THE 10 YEAR S U P TIMEFRAME RECOMMENDED.

VERY GOOD.

I HAVE A MOTION, UH, BY COUNCILLOR MORRIS TO APPROVE ITEM 10 A AS PRESENTED AND A SECOND BY MAYOR PRO TEM BASS.

ANY FURTHER DISCUSSION? SECRETARY, IF YOU PRESENT THE VOTE FOR US, PLEASE AND DISPLAY THE VOTE AND THAT ITEM IS APPROVED UNANIMOUSLY.

[00:20:02]

, SOMEBODY WILL NOT ME .

MOVING ON TO THE NEXT

[10.b. Consider a request by NetInversion, LLC to construct seventeen (17) condominium dwelling units in a townhouse-style configuration. The site is located at 5324 Broadway Boulevard in District 4. ]

UH, CONSIDER A REQUEST BY NET INVERSION L L C TO CONSTRUCT 17 CONDOMINIUM DWELLING UNITS IN A TOWNHOUSE STYLE CONFIGURATION.

THIS SITE IS LOCATED AT 53 24 BOLI, UH, BROADWAY BOULEVARD IN DISTRICT FOUR.

THANK YOU MAYOR AND COUNCIL.

THIS IS CASE Z 22 DASH 74, AND IS A PROPOSAL, UH, FOR 17 CONDOMINIUM UNITS IN A TOWNHOUSE STYLE CONFIGURATION.

THE LOCATION IS 53 24 BROADWAY BOULEVARD, AND THE, UH, ACREAGE OF THE SITE IS JUST UNDER ONE ACRE AND IS CURRENTLY ZONED, UH, MULTIFAMILY ONE, THE N F ONE DISTRICT.

SO IT'S IMPORTANT TO NOTE THAT THE SUBJECT PROPERTY DOES CURRENTLY ALLOW, UH, FOR MULTIFAMILY DEVELOPMENT.

IN THIS CASE, IT ACTUALLY IS, UM, UH, CONDOMINIUMS. UH, SO THEY WOULD BE FOR SALE OWNER OCCUPIED, UH, THAT SORT OF THING, WHICH THE G D C DOES CONTEMPLATE IN THE DESCRIPTION OF MULTIFAMILY THAT THAT CAN, UM, ALLUDE TO OR INCLUDE, UH, UH, OWNER OCCUPIED OR RENTERS, UH, TYPE SCHEMES.

UM, BUT THIS IS THE, UH, CITYWIDE LOCATION MAP IN SOUTH GARLAND ON BROADWAY BOULEVARD.

AND THIS IS A LOCATION OF THE SUBJECT PROPERTY HERE.

SO KIND OF A PRETTY NARROW, KINDA SKINNY SITE ACCESSED OFF BROADWAY BOULEVARD, UM, IMMEDIATELY TO THE WEST AND KIND OF NORTH IS, UM, UH, AN EXISTING APARTMENT COMPLEX, ALSO ZONED MF ONE AND TO THE, UH, EAST OR SOUTH, IF YOU WILL, OR SOME SINGLE FAMILY HOMES.

AND THERE'S SOME RETAIL, UH, EXISTING COMMERCIAL AND RETAIL DEVELOPMENT FURTHER DOWN BROADWAY, UH, TO THE SOUTH, AS WELL AS, UM, ACROSS BROADWAY, UH, FROM THE SUBJECT SITE.

AND THE APPLICANT IS, UH, PROPOSING A ZONING INTO A PD, BUT TO KEEP THE BASE MULTIFAMILY ONE ZONING THE, UM, TRIGGER FOR THE PD AS A FEW DEVIATIONS, UH, PHYSICAL DEVIATIONS THAT THE APPLICANT IS REQUESTING TO ACCOMMODATE THE SITE ON THIS VERY, UH, NARROW AND SMALL SITE.

UM, THIS, THE CONFERENCE OF PLAN IDENTIFIES THIS, UH, SUBJECT SITE AS URBAN NEIGHBORHOODS, UM, WHICH INCLUDES HIGHER DENSITY RESIDENTIAL DEVELOPMENT.

THE CONFERENCE PLAN, UH, MENTIONS, UH, DENSITY GREATER THAN 12 UNITS PER ACRE.

UH, THE PROPOSED DENSITY IS, UM, 17 DWELLING UNITS PER ACRE.

UH, THEREFORE THIS DEVELOPMENT COMPLIES WITH THE COMPREHENSIVE PLAN.

AND, UH, NEW MULTIFAMILY DEVELOPMENT IS CONSIDERED THE SECOND HIGHEST REVENUE PER ACRE GENERATOR PER THE ECONOMIC DEVELOPMENT STRATEGIC PLAN.

UH, THE PROPOSAL REPRESENTS DEVELOPMENT OF AN INFILL LOT THAT IS CURRENTLY ZONED FOR MULTIFAMILY USE.

AND HERE'S SOME PHOTOS OF THE AREA, INCLUDING THE SUBJECT PROPERTY ON THE LEFT HAND.

OOP, EXCUSE ME, I WAS TRYING TO ZOOM IN AND .

SORRY ABOUT THAT.

I'LL JUST STOP.

UH, ON THE LEFT HAND, UH, PHOTO THERE IS, IS THE SUBJECT PROPERTY AND THE APARTMENT COMPLEX THAT EXISTS JUST TO THE, UH, NORTH OF THE SUBJECT SITE.

AND, UH, JUST SHOWN ONE SINGLE FAMILY HOME THAT FRONTS BROADWAY JUST TO THE SOUTH OF THE SUBJECT PROPERTY.

AND THAT'S A VIEWPOINT LOOKING ACROSS, UH, OR LOOKING AT THE SHOPPING CENTER.

THAT'S ACROSS FROM, UM, OR EXCUSE ME, DOWN THE STREET FROM THE SUBJECT SITE.

AND HERE'S THE PROPOSED SITE PLAN.

UM, THE, THERE ARE THREE BUILDINGS, AGAIN, 17 UNITS TOTAL.

UM, BUT EACH OF THESE LITTLE RECTANGLES, IF YOU WILL, WITHIN THE BLUE AREAS ARE, ARE CONDOMINIUM UNIT, UH, 2000 SQUARE FEET IN SIZE, WHICH, UM, WELL EXCEEDS THE, UM, G D C MINIMUM FOR, UM, FOR A, A THREE, OR EXCUSE ME, THREE BEDROOM UNIT.

YES, THESE ARE THREE BEDROOM UNITS.

UM, YOU CAN SEE THE ROW HERE THAT THE SITE IS ACCESSED, UH, FROM BROADWAY BOULEVARD.

UH, DRIVEWAY COMES THROUGH HERE WHERE RESIDENTS WOULD ACCESS ON AND OFF BROADWAY.

UM, BUT THERE WOULD BE AN EMERGENCY, UH, GATE EMERGENCY ACCESS AS WELL, UH, TO LOVING, UH, DRIVE.

AND, UH, YOU CAN KIND OF SEE THE LITTLE WHITE AREAS THERE, REPRESENT SIDEWALKS FOR THE RESIDENTS.

AND I'LL CONTINUE WITH THE LANDSCAPE PLAN.

UM, THE, UH, THIS AREA OVER HERE IS AN, UH, OPEN SPACE AMENITY AREA FOR, UM, FOR THE RESIDENTS.

IT INCLUDES, UM, A PERGOLA BARBECUE GRILL, SOME SEEDING, UH, HORSESHOES, I BELIEVE SOME OUTDOOR GAMES.

UM, BUT THERE'S A STRONG EMPHASIS ON KIND OF PRIVATE, UM, UM, GATHERING AREAS AS WELL.

THE, AS YOU'LL SEE IN THE ELEVATIONS, WHICH I'LL GO AHEAD AND KIND OF JUMP TO NEXT, THERE'S SOME, UH, ROOFTOP, UH, PATIOS, QUITE A BIT OF SPACE OF, UH, UH, DECKS AND, AND ROOFTOP PATIOS.

SO YOU CAN KIND OF SEE THAT IN THE THREE D RENDERINGS HERE, KIND OF THERE.

AND THERE'S A KIND OF A SKY VIEW LOOKING DOWN.

UH, EACH UNIT WOULD HAVE A TWO CAR GARAGE AND THERE IS SOME GUEST PARKING ON SITE AVAILABLE AS WELL.

UH, THIS JUST SHOWS KIND OF A VISIBILITY STUDY FROM THE, UH, FENCE LINE

[00:25:01]

UM, AS I'LL MENTION HERE ON THE NEXT SLIDE, THERE IS A DEVIATION FOR BUILDING HEIGHT, UH, OR EXCUSE ME, REALLY FOR SETBACK, BUT IT'S BASED ON THIS BUILDING, THIS HIGHEST BUILDING HEIGHT SHOWN HERE.

UM, HOWEVER, THE APPLICANT HAS STAGGERED THE BUILDING HEIGHTS, UM, TO KIND OF HELP MITIGATE WITH THAT, UM, WITH THAT REQUIREMENT.

AND THE MAXIMUM BUILDING HEIGHT WOULD BE 37 FEET, WHICH IS STILL LESS THAN THE 40 FOOT OVERALL BUILDING HEIGHT MAXIMUM PER MF ONE, THE MF ONE DISTRICT.

SO THERE ARE A FEW DEVIATIONS, AGAIN, RELATED REALLY TO THE SMALLNESS AND TIGHTNESS OF THE SITE AND, UH, MAKING THE PROJECT FIT WITHIN, UH, WITHIN, WITHIN THIS AREA.

SO I MENTIONED THE BUILDING SETBACK, UH, HERE ON THE LAST SLIDE.

UM, BUT AGAIN, IT IS A STAGGERED BUILDING HEIGHT DESIGN, WHICH HELPS MITIGATE, UM, THAT CONCERN.

OF COURSE, SCREENING FENCING IS REQUIRED AS WELL.

UM, AMENITIES.

UM, THE APPLICANT IS COMPLYING WITH THE, UH, AMENITY REQUIREMENT FOR MULTIFAMILY FOR OUTDOOR GATHERING SPACE.

HOWEVER, THEY, THEY'LL NOT BE PROVIDING A CLUBHOUSE OR A SWIMMING POOL GIVEN THE, UH, SMALL NUMBER OF UNITS.

UH, 17 UNITS IS MUCH SMALLER THAN OUR TYPICAL, UH, COMPLEX THAT WE SEE.

UM, BUT AGAIN, THERE, THERE'S AN OUTDOOR GATHERING SPACE THEY ARE PROVIDING, AS I POINTED OUT.

AND, UM, AND AS I ALSO MENTIONED, EACH UNIT WILL HAVE ITS OWN ROOFTOP PATIO AND TERRACE AS THERE'S, UH, ROOM FOR, UM, UH, KIND OF PRIVATE GATHERING SPACE FOR EACH RESIDENT SCREENING AND LANDSCAPING.

UM, THE APPLICANT IS PROPOSING A, UH, SIX FOOT, UH, CEDAR WOOD FENCE WITH MASONRY COLUMNS ALONG THE EASTERN BOUNDARY, UM, AS OPPOSED TO EITHER A MASONRY WALL OR, UM, A, AN ORNAMENTAL FENCE.

THE ISSUE THAT THE APP APPLICANT HAD WITH AN ORNAMENTAL FENCE OPTION, OF COURSE, IS THE TRANSPARENCY BETWEEN A MULTIFAMILY DEVELOPMENT AND A SINGLE FAMILY, UH, HOMES.

UM, AND THEN THE ISSUE WITH A SOLID MASONRY WALL REALLY HAD TO DO WITH SPACE, UM, AGAIN, KIND OF TYING IT BACK TO THE TIGHTNESS OF THE SITE, BUT THE, A SOLID MASONRY WALL WOULD NOT LEAVE ENOUGH ROOM FOR, UM, THE WALL AND LANDSCAPING AS THEY'RE PROVIDING, AS WELL AS, UM, KEEPING THE REQUIRED DRIVEWAY DEPTH PER THE FIRE DEPARTMENT.

UM, SO THE, SO AGAIN, THE APPLICANT IS POSING A, UM, CEDAR FENCE WITH MASONRY COLUMNS AS WELL AS LANDSCAPING ALONG THAT EASTERN BOUNDARY.

UM, THE 40%, UH, LANDSCAPE REQUIREMENT PER THE G D C, THIS HAS BEEN A PRETTY STANDARD, OR PRETTY COMMON, I SHOULD SAY, UH, DEVIATION FOR THESE SMALLER KIND OF INFILL MULTIFAMILY SITES.

THE APPLICANT IS PROPOSING 26 UH, PERCENT.

AGAIN, THIS JUST KIND OF GOES BACK TO THE, UM, THE, THE BUILDING COVERAGE AND, AND THE TIGHTNESS OF THE SITE.

UM, SO THE APPLICANT IS PROPOSING ABOUT 26%, UM, BUT, UH, HAS POINTED OUT THAT THEY WILL BE, UH, UH, KIND OF LANDSCAPING THE ROOFTOP PATIOS AS WELL TO KIND OF MITIGATE AND PROVIDE A LITTLE MORE OVERALL GREENERY AND VEGETATION TO THE DEVELOPMENT.

AND THEN FINALLY, BUILDING DESIGN.

UM, THERE'S A KIND OF A MENU IN THE G D C FOR A MINIMUM OF SIX ARCHITECTURAL ELEMENTS.

THE APPLICANT HAS IDENTIFIED FOUR.

UM, HOWEVER, UM, THE, THE OVERALL DESIGN THERE, THERE'S, THERE'S ONLY FOUR IDENTIFIED.

HOWEVER, UM, AS, AS THE APPLICANT HAS NOTED HERE, THEY REQUESTED DEVIATION TO MAINTAIN THE MODERN CONTEMPORARY DESIGN WITH STRONG HORIZONTAL LINES, LARGE GLAZING, AND FLAT ROOFTOP DESIGN.

THE BUILDING ELEVATIONS REFLECT RECESSED ENTRANCES AND AWNINGS TO ACCOMMODATE SOME TRADITIONAL ARCHITECTURAL FEATURES.

SO IT'S A BIT OF AN ALTERNATIVE DESIGN.

UM, AND JUST CREATIVITY KIND OF LEFT TO THE ARCHITECT TO, UH, MEET THE INTENT OF THE, UM, BUILDING DESIGN REQUIREMENTS, WHICH, UM, STAFF CONCURS WITH, UM, UH, AS THESE ELEVATIONS HAVE BEEN PRESENTED.

SO WITH THAT, MAYOR STAFF'S RECOMMENDATION IS APPROVAL OF THE REQUEST, BOTH THE CHANGE IN ZONING TO A PD, UH, AS WELL AS THE DETAILED PLAN AND THE PLANNING COMMISSION RECOMMENDED APPROVAL AS WELL.

THAT WAS WITH A NINE TO ZERO UNANIMOUS VOTE.

AND, UH, THE PLANNING DEPARTMENT MAILED OUT 65 NOTIFICATION LETTERS ON THIS CASE.

AND, UM, WE RECEIVED ONE LETTER WITHIN THE NOTIFICATION AREA AGAINST THE REQUEST, AND WE RECEIVED, UM, 16 RESPONSES IN FAVOR OF THE REQUEST OUTSIDE THE NOTIFICATION AREA.

SO, OKAY.

YOU GLAD TO ANSWER YOUR QUESTIONS, MA'AM? VERY GOOD.

ANY QUESTIONS FOR STAFF ON THIS ITEM? I HAVE A SPEAKER CARD FOR THE APPLICANT.

OKAY, HANG ON ONE SECOND, COUNCILOR.

LUCK.

MR. GARRON.

UM, IN LIEU OF A SWIMMING POOL, WOULD RESIDENTS BE ABLE TO PUT A HOT TUB ON THEIR ROOFTOP DECK? THAT'S A GREAT QUESTION.

I, AND I ACTUALLY, UH, BRINGS UP A A POINT I MEANT TO MENTION.

THERE WILL BE AN H OA MM-HMM.

THAT HELPS MANAGE THIS SO THAT THAT MAY BE A, A SOMEWHAT OF AN H OA DECISION.

BUT, UM, I'LL DEFER TO THE APPLICANT ON THAT QUESTION.

THANK YOU.

QUESTION.

THANK YOU.

ALRIGHT, VERY GOOD.

OKAY.

UH, MADAM SECRETARY, YOU CAN CALL OUR SPEAKER, PLEASE.

MR. FREDERICO KRA.

[00:30:06]

HELLO, UH, MEMBERS OF THE COUNCIL? MY NAME IS FEDERICO CANDA WITH F CITY SCIENCE.

I LIVE IN THREE 90, APARTMENT 1 34, DALLAS, TEXAS 7 5 2 0 3, AND I'M THE LEAD DESIGNER ON THIS PROJECT.

OKAY.

AND I'M AVAILABLE FOR ANY QUESTIONS, CONCERNS, UH, THAT YOU MAY HAVE.

VERY GOOD.

AND ANY QUES, , ANY QUESTIONS FOR THE APPLICANT? COUNCILLOR, LUCK.

GO AHEAD.

UM, SO YOU MAY HAVE HEARD, UM, IN LIEU OF A SWIMMING POOL, COULD RESIDENTS PUT A HOT TUB OR ANY KIND OF WATER FEATURE ON THEIR ROOFTOP? I'VE DONE, UH, SIMILAR PROJECTS IN THE PAST AND THE STRUCTURAL ENGINEER SAYS IT'S TOO MUCH WEIGHT TO KIND OF HOLD IT ON THE THIRD FLOOR.

UH, USUALLY WE USE ABOUT, UH, 18 INCHES TGIS TO CREATE THE, THE CRAWLING SPACE AND THE, UM, THE DECKING FOR THE ROOFTOP.

AND THAT WAS A QUESTION THAT CAME UP.

AND YOU CAN DO LIKE MAYBE SOME OUTDOOR KITCHEN LIKE COUNTERTOPS OR REFRIGERATORS OR PERGOLAS, BUT, UM, CHECK WITH YOUR HOT TUB IS TOO MUCH WEIGHT TO ACTUALLY HOLD IT.

IT WILL HAVE TO BE EXTREMELY REINFORCED AND THE COST GOES VERY HIGH ON THE, ON THE BUILDING TO, TO BE ABLE TO SUPPORT THAT, UNFORTUNATELY.

NO, , THANK YOU FOR THAT.

OKAY, ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? COUNCILOR WILLIAMS? HOT SALON, BROADWAY.

OKAY, .

GOOD EVENING, SIR.

HOW ARE YOU? HOW ARE YOU? I DON'T REMEMBER IF IT WAS YOU OR I WAS IT YOU? IT WAS ME.

YEAH.

IT'S BEEN A WHILE, RIGHT? YEAH, IT'S BEEN A BIT .

YEAH.

YEAH, THINGS HAVE HAVE CHANGED.

YEAH.

WELL, WELCOME BACK.

UH, UM, THANK YOU FOR, UH, IN, IN YOUR GROUP, UH, FOR, UH, THE INFORMATION.

THANK YOU FOR, UH, FOR LACING WORKING WITH MR. GARIN AND HIS STAFF.

AND THIS IS A VERY TIGHT INFIELD AND TO HAVE A PROJECT LIKE THIS, AND THANK YOU FOR PARTICULARLY LISTENING TO ME, IT'S MULTIFAMILY, BUT IT'S HOME OWNERSHIP, CORRECT? THAT'S CORRECT.

THAT, THAT WE CALL OUR CONVERSATION.

SO THE IDEA IS TO DO, UH, BE AS CLOSE AS WE CAN TO A SINGLE FAMILY ATTACH, BUT UNFORTUNATELY, BECAUSE OF THE LOT RESTRICTIONS, WE CAN SELL THE LOT.

SO WE HAVE TO DENOMINATE IT AS A CONDO.

SO YOU SELL EVERYTHING THAT IS INSIDE THE UNIT ITSELF.

I, I GOTCHA.

I, I GOTCHA, GOTCHA.

BUT, BUT AT THE END OF THE DAY, IT'S STILL OWNERSHIP, RIGHT? EVERYTHING IS, IS IT'S OWNERSHIP.

YES.

RIGHT, RIGHT.

AND THAT'S, THAT'S THE BIG DIFFERENCE BETWEEN A TRADITIONAL WHATEVER, IF THERE IS SUCH A THING AS TRADITIONAL MULTIFAMILY AND THE PROJECT THAT YOU'RE DOING.

THAT'S CORRECT.

OKAY.

ALRIGHT.

OKAY.

WELL, I DON'T HAVE ANY FURTHER QUESTIONS FOR YOU.

THANK YOU FOR, FOR, UM, COMING TO SOUTH GORDON AND PICKING THIS VERY TIGHT, UM, OF COURSE MY IMAGINATION, THERE ARE A LOT OF THINGS THAT COULD HAVE GONE IN HERE THAT, YOU KNOW, IN MY OPINION THAT WERE NOT GONNA HAPPEN, BUT, BUT YOUR GROUP AND YOUR TEAM CAME AND I WAS, FRANKLY, I WAS A LITTLE SURPRISED THAT YOU CHOSE THIS STRIP, BUT I'M GLAD YOU DID AND I SUPPORT YOUR PROJECT.

THANK YOU FOR COMING.

THANK YOU MAYOR VERY MUCH.

THANK YOU, SIR.

ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? I SEE NONE.

THANK YOU, SIR.

IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM? SEEING NONE, COUNCIL MEMBER WILLIAMS. THANK YOU MAYOR.

MAYOR, UH, I'D LIKE TO OFFER MOTION FOR APPROVAL OF A CHANGE IN ZONING FOR MULTI-FAMILY ONE DISTRICT, UH, PLAN DEVELOPMENT FOR MULTI-FAMILY USE, AND SECONDLY, APPROVAL OF THE DETAILED PLAN FOR A MULTI-FAMILY BURIN CONDOMINIUM DEVELOPMENT AT THIS SITE.

PRESS STAFF RECOMMENDATION.

VERY GOOD.

I HAVE A MOTION BY COUNCIL MEMBER WILLIAMS AND A SECOND BY COUNCIL MEMBER MORRIS TO APPROVE ITEM 10 B AS PRESENTED.

ANY FURTHER DISCUSSION? UH, SECRETARY, PREPARE THE VOTE FOR US.

PLEASE COUNSEL AND DISPLAY THE VOTE AND THAT ITEM IS APPROVED UNANIMOUSLY.

THANK YOU, SIR.

NEXT UP, UH, ITEM 10

[10.c. Consider a request by EDG Architects to allow an Automated/Rollover Car Wash use. The site is located at 4249 Bobtown Road in District 3.]

CONSIDER A REQUEST BY E D G ARCHITECTS TO ALLOW AN AUTOMATED ROLLOVER CAR WASH USE.

THIS SITE IS LOCATED AT 42 49 BOB TOWN ROAD IN DISTRICT THREE, MAYOR AND COUNSEL.

THANK YOU.

THIS IS CASE Z 23 DASH 27.

IT IS A PROPOSAL FOR AN AUTOMATED ROLLOVER CAR WASH USE.

THE LOCATION IS 42 49 BOB TOWN ROAD.

THE ACREAGE OF THE SUBJECT SITE IS ABOUT 1.2 ACRES IN SIZE.

IT IS, UH, ZONED

[00:35:01]

UH, THIS IS A GENERAL LOCATION OF THE SUBJECT SITE LOCATED NEAR I 30 IN BOB TOWN, AND, UH, SHOWN HERE THIS KIND OF SQUARE SHAPE PAD SITE ON THE NORTHEAST CORNER OF BOB TOWN.

AND, UH, LIONS, UH, JUST TO SHOW A LITTLE BIT OF THE SURROUNDING AREA, UH, TO THE NORTH, UH, OR IMMEDIATELY TO THE NORTH, AND SHARING ACCESS ACTUALLY WITH THE SITE IS THE QT TRAVEL CENTER, UM, TO THE EAST ACROSS THE, UH, ACCESS POINT IS THE STONE HAWK, UH, MULTIFAMILY DEVELOPMENT THAT THE COUNCIL APPROVED LAST YEAR.

I BELIEVE THAT IS UNDER CONSTRUCTION CURRENTLY.

UH, TO THE SOUTH OF THE SITE IS, UM, UH, A CONVENIENT STORE, UM, GAS STATION, UH, TYPE USE.

UM, SHOULD BE NOTED A LITTLE BIT, UH, FURTHER TO THE EAST.

I BELIEVE IT'S ON THIS COMMUNITY RETAIL PIECE HERE.

THERE'S A STRUCTURE THAT STILL HAS A BIG SIGN THAT SAYS CAR WASH.

HOWEVER, UM, THAT IS NO LONGER, UH, IN USE.

AND THEN TO THE WEST OF THE SUBJECT SITE IS ANOTHER CONVENIENCE STORE AND GAS STATION AND SOME PARKING AND, UH, CROSS I 30 IS A SEVEN 11 THAT ACTUALLY DOES HAVE A, UH, I BELIEVE A CAR WASH USE CURRENTLY, UM, CURRENTLY IN BUSINESS AND A RETAIL USE A RETAIL BUILDING TO THE WEST OF THAT.

THE, UH, COMPREHENSIVE PLAN IDENTIFIES THIS AREA AS BUSINESS CENTERS AND BUSINESS CENTERS, UH, INCLUDES, UH, LANGUAGE THAT NOTES THAT OPERATIONS WITHIN THIS DEVELOPMENT TYPE OCCUR INTERNAL TO BUILDINGS RESULTING IN MINIMAL NEGATIVE IMPACTS AND ARE COMPATIBLE WITH ADJACENT DEVELOPMENT TYPES AND ARCHITECTURE, CHARACTER, UH, SCALE AND INTENSITY.

AND, UH, PER THE ECONOMIC DEVELOPMENT STRATEGIC PLAN CONSIDERATION SHOULD BE GIVEN TO WHETHER CERTAIN AUTOMOTIVE RELATED USES SUCH AS A CAR WASH AND SIMILAR STANDALONE COMMERCIAL, UH, THAT REQUIRE ZONING CHANGES ARE THE BEST OF USE, UH, EXCUSE ME, BEST USE OF LAND AT THIS LOCATION.

UH, THEIR STRATEGIC PLAN RECOMMENDS BEING SELECTIVE ON LAND USE REQUESTS REQUIRING REZONING SUCH AS SUVS.

AND HERE'S SOME PHOTOS OF THE AREA INCLUDING THE SUBJECT SITE.

IT IS CURRENTLY VACANT AND YOU CAN SEE THE QT TRAVEL CENTER THERE.

THIS IS LOOKING, UM, KIND OF TO THE NORTH AND THAT'S LOOKING SOUTH OF THE SUBJECT SITE AND THEN LOOKING EAST DOWN BOB TOWN ROAD.

AND THIS IS THE PROPOSED SITE PLAN.

UM, YOU KIND OF SEE THE GENERAL BUILDING CONFIGURATION HIGHLIGHTED IN BLUE THERE.

UM, IT IS ACCESS, IT DOES SHARE, UM, DRIVEWAY ACCESS WITH THE QT TRAVEL CENTER.

IT IS WITHIN THE SAME PLAN DEVELOPMENT, SAME PD.

UM, THE, AGAIN, IT IS A TUNNEL WASH.

UM, THERE IS, UM, PARKING PER THE G D C THAT DOES INCLUDE THE, UM, UH, VACUUM SPACES, OUTDOOR VACUUM SPACES FOR VEHICLES TO PULL UP AND, UM, KIND OF VACUUM THEIR VEHICLES.

AND I'LL MOVE TO THE LANDSCAPE PLAN HERE.

UM, IT DOES COMPLY WITH THE G D C LANDSCAPING REQUIREMENTS AND, UH, THE BUILDING ELEVATIONS COMPLY AS WELL WITH THE G D C BUILDING DESIGN REQUIREMENTS HERE.

THE BUILDING ELEVATIONS PROVIDED BY THE APPLICANT.

UM, NO G D C DEVIATIONS HAVE BEEN REQUESTED WITH THIS, UH, APPLICATION.

THE PRIMARY, UH, CONSIDERATION THIS EVENING IS THE S U P.

UM, THE APPLICANT IS REQUESTING APPROVAL OF A 30 YEAR S U P TIME PERIOD, UM, THAT ALIGNS WITH THE S U P TIME PERIOD GUIDE FOR CAR WASHES, WHICH HAS RANGED FROM, UH, 25 TO 30 YEARS.

STAFF'S RECOMMENDATION IS, UH, DENIAL OF THE REQUEST.

UH, STAFF FINDS THAT THE PROPOSED, UH, FINDS THE PROPOSED USE INCONSISTENT WITH THE RECOMMENDATIONS OF THE COMPREHENSIVE PLAN, ECONOMIC DEVELOPMENT, STRATEGIC PLAN, AND COMPATIBILITY WITH THE NEARBY APPROVED AND EXISTING, UH, RESIDENTIAL USES.

UH, THE SUBJECT PROPERTY ALLOWS OTHER LAND USE OPPORTUNITIES BY RIGHT, SUCH AS RETAIL STORES, RESTAURANTS AND GENERAL OFFICE.

UH, HOWEVER, THE PLAN COMMISSION DID RECOMMEND APPROVAL, UH, THAT WAS WITH THE NINE TO ZERO VOTE, UM, OF THE S U P AND THE DETAIL PLAN.

AND, UH, MAYOR, WE MAILED OUT 26 NOTIFICATION LETTERS ON THIS CASE AND WE ONLY RECEIVED ONE RESPONSE AND THAT WAS IN FAVOR AND OUTSIDE THE NOTIFICATION AREA.

I'LL BE GLAD TO ANSWER ANY QUESTIONS.

VERY GOOD.

ANY QUESTIONS FOR STAFF ON THIS ITEM? UH, COUNCIL LADY MORRIS.

THANK YOU, MAYOR.

UM, WILL, THIS IS A LITTLE BIT UNUSUAL IN THAT STAFF IS RECOMMENDING DENIAL AND THE PLAN COMMISSION IS RECOMMENDING APPROVAL.

UM, WE DON'T OFTEN GET AS, AS CLEAN CUT OPPOSITION AS WE'RE

[00:40:01]

AND, AND I SEE THAT STAFFS, UM, OBJECTIONS ARE, ARE MAINLY THAT THIS IS, UM, NOT ENVISIONED AS ENVISIONED IN THE COMPREHENSIVE PLAN AND THE ECONOMIC DEVELOPMENT STRATEGIC PLAN.

YES, MA'AM.

CAN YOU GO JUST A STEP FURTHER IN BOTH THOSE AREAS TO, UM, EXPLAIN THAT? MM-HMM.

OKAY.

OF COURSE, YEAH.

RELATED TO THE PLANS THAT IS MM-HMM.

? YES, MA'AM.

UM, THE COMPREHENSIVE OF PLANS STARTING THERE.

UM, AND, AND WHILE THE BUSINESS CENTERS, UM, IT, IT DOES, UH, INSINUATE A LITTLE MORE IN THE, THE WAY OF OFFICE AND CAMPUS LIKE DEVELOPMENT, BUT, UM, IT WAS THE LANGUAGE I READ A LITTLE EARLIER ABOUT INTERNAL OPERATIONS AND LIMITING, UM, NOISE AND THINGS LIKE THAT.

UM, MAINLY TO INTERNAL OPERATIONS.

UM, AS FAR AS THE ECONOMIC DEVELOPMENT STRATEGIC PLAN, IT DOES NOTE, UM, UH, THE ACREAGE OF AUTO, AUTO USES AND HAS LANGUAGE ABOUT, YOU KNOW, REMINDING, UH, THE CITY THAT S U P IS OUR CASE BY CASE BASIS, UM, BASIS IS, IF THAT'S A WORD, UM, UH, SO TO BE MORE SELECTIVE IN THOSE TYPES OF, UH, LAND USE DECISIONS.

SO THAT WAS OUR KIND OF BASIS ON, ON THAT.

UM, AND THEN AS FAR AS THE RESIDENTIAL USES, MAINLY, UH, THE STONE HAWK, UH, DEVELOPMENT, OF COURSE BEING UNDER CONSTRUCTION, IT'S IN FAIRLY CLOSE PROXIMITY, UM, TO THE SUBJECT SITE.

SO THAT'S KIND OF STAFF WAS COMING FROM.

OKAY.

THANK YOU FOR THAT CLARIFICATION.

SURE.

THANK YOU, MAYOR.

OKAY.

UH, COUNCIL MEMBER, WES.

THANK YOU MAYOR.

UH, MR. GARRON, JUST QUICKLY LOOKING THROUGH THE HANDOUT THAT WE, EXCUSE ME, THE HANDOUT THAT WE, WE GOT, AND I DON'T KNOW WHAT OUR OFFICIAL IT IS, BUT I, I'M LOOKING AT WHAT APPEARS TO BE SIGNATURES AND ARE IN FAVOR AND, UH, ARE OPPOSED, I'M NOT SURE THE SOURCE OF THIS DOCUMENT THAT MAY HAVE BEEN PROVIDED TO THE APPLICANT.

UM, OKAY.

SO THIS DOES NOT COME FROM YOUR, FROM YOUR OFFICE, RIGHT? CORRECT.

WE, UH, THAT'S CORRECT, YES, SIR.

OKAY.

OKAY.

WELL, I'LL, I'LL HOLD MY QUESTION FOR THE APPLICANT THEN.

I'M SORRY, I JUST WANTED TO CLEAR THAT.

I DIDN'T KNOW WHERE THAT CAME FROM.

YES, SIR.

I BELIEVE THEY DID SOME OUTREACH OR PETITION OR, OR SOME KIND OF OUTREACH.

THEY OKAY.

YOU CAN EXPLAIN.

ALL RIGHT.

THANK YOU, MAYOR.

I'LL HOLD FOR THE APPLICANT.

VERY GOOD.

UH, DEPUTY MAYOR PRO TIMM MOORE.

THANK YOU, MR. MAYOR.

UH, WILL, HOW MANY LETTERS DID YOU SEND OUT? UH, 26 AND THE RESULTS, UM, WE ONLY RECEIVED ONE RESPONSE, UH, WITHIN THAT 400 FOOT NOTIFICATION AREAS AS THE DIRECTION WE GO.

UM, JUST ONE RESPONSE.

AND THAT WAS ACTUALLY IN FAVOR, UM, OUTSIDE THE NOTIFICATION AREA.

AND I BELIEVE THAT THE NAMES THAT, UH, COUNCILMAN WILLIAMS IS REFERRING TO ARE NAMES THAT THE APPLICANT ACTUALLY IS FURNISHING PROVIDING, UH, WITH PEOPLE WHO ARE IN FAVOR OF THE, UM, OF THE PROJECT, UM, THIS OFFICE CAMPUS USE AND, AND COUNSEL, THIS IS ONE OF THE REASONS TOO, THAT, UH, WE HAVE REQUESTED THAT WE TAKE A, ANOTHER LOOK AT THE ZONING IN THAT IN DISTRICT THREE AND OUT IN THAT AREA.

'CAUSE THIS IS ONE OF THOSE SITUATIONS WHERE, UH, IN LOOKING AT THAT PIECE OF LAND, IF YOU'LL TAKE A LOOK THERE, IT'S A SMALL PIECE OF LAND.

THERE'S NOT AN OFFICE, A CAMPUS COULD EVEN GO ON THE LAND.

WHEN THIS PROJECT FIRST CAME TO US, I TOO HAD SOME RESERVATIONS AS IT RELATED TO A CAR WASH BEING IN THAT AREA.

OVER THE PERIOD OF TIME, HOWEVER, THAT THE APPLICANT HAS BEEN WORKING, UH, WITH THIS LAND, UH, THE APPLICANT HAS GONE AND DONE SOME THINGS THAT HE AND I TALKED ABOUT, WHICH IS TO BUILD RELATIONSHIPS WITH THE COMMUNITY.

HE IS .

IF YOU TAKE A LOOK TONIGHT, YOU'LL FIND THAT THERE ARE ACTUALLY COMMUNITY MEMBERS SITTING WITH HIM TONIGHT IN SUPPORT OF HIS PROJECT AS A RESULT OF THE WORK THAT HE DID THERE.

BUT I THINK, UH, EVEN, EVEN MORE IMPORTANTLY, AS I OBSERVED THIS PROJECT COMING INTO, UH, PLAY OVER THE, UH, TIME SPAN, IF YOU REMEMBER, THERE ARE THE QT STATION RIGHT NEXT TO IT.

THERE ARE FAST FOODS RIGHT ACROSS THE STREET FROM THERE.

THERE'S A CONVENIENCE STORE.

AS A MATTER OF FACT, IT'S SHAPING UP TO BE THAT THE ONLY THING LEFT THAT COULD REALLY HELP THE AREA IN THE WAY OF LAND USE IS A GOOD CAR WASH .

SO I, I WILL BE SUPPORTING, UM, UH, THE, THE APPLICANT TONIGHT AND I'LL BE SUPPORTING IT BECAUSE IN FACT, UM, AT THIS POINT, I BELIEVE THAT IT IS THE BEST USE OF THE LAND.

THANK YOU, MS. MAYOR.

OKAY, VERY GOOD.

ANY QUESTIONS FOR STAFF? COUNCILOR LUCK.

UM, MR. GARN, HOW, HOW LARGE IS THE SPACE? UM, SO THE ACREAGE OF THE SUBJECT SITE IS ABOUT 1.2 ACRES.

UH, THE BUILDING ACTUAL FOOTPRINT IS ABOUT 4,300 SQUARE FEET, BUT THE SITE IS ABOUT 1.2 ACRES.

THANK YOU.

MM-HMM.

.

OKAY.

THANK YOU.

MR. GARN? YES, SIR.

SECRETARY? OH, HANG ON.

SMER WILLIAMS. THANK YOU, MAYOR.

UM, MR. MR. GARIN, UH, REPEAT CURRENT ZONING ON THIS, ON THIS PIECE OF PROPERTY AS WHAT? YES, SIR.

[00:45:01]

UM, IT ACTUALLY IS WITHIN THE SAME PLAN DEVELOPMENT AS THE QT TRAVEL CENTER, BUT THIS WAS LEFT AS A, UH, PAD SITE FOR FUTURE DEVELOPMENT AND, UH, WITH A DETAILED PLAN, UH, REQUIREMENT.

BUT, UM, THE, THE UNDERLYING ZONING PRIMARILY DEFERS TO COMMUNITY RETAIL ZONING, UH, WHICH DOES REQUIRE AN SS U P FOR CAR WASHES.

UM, SO IT, IT'S, UM, ESSENTIALLY COMMUNITY RETAIL JUST HAPPENS TO BE WITHIN A PD THAT REQUIRES A DETAILED PLAN, BUT WITH THE S E P REQUIREMENT, IT, THAT DOES TRIGGER A PUBLIC HEARING PROCESS REGARDLESS.

SO IS THERE ANYTHING ELSE IN THIS, IN THE PD THAT'S CURRENTLY THERE? CAN TELL FROM THE PICTURE? NO, SIR.

JUST, UH, QTS THERE AND JUST THE QT AS, IS THAT IT AS OF TODAY? UH, WITHIN THAT PARTICULAR PD ZONING? YES, SIR.

MM-HMM.

.

OKAY.

OKAY.

AND I'M PRETTY SURE THAT, THAT THESE MATTERS WERE DISCUSSED AT P AND Z WITH THE STAFF RECOMMENDATION.

CAN YOU, CAN YOU SHARE SOME OF THE OUTCOME OF THAT BRIEFING ON THAT DISCUSSION STAFF RECOMMENDATION, WHETHER, YOU KNOW, WHETHER IT'S PRE-MEETING OR DURING THE MEETING? CAN YOU, CAN YOU CLARIFY FOR ME WHERE STAFF LANDED ON THIS AND P UH, P AND Z LANDED NINE NINE OH AND I DEAL WITH ISSUES ON CURRENT ZONING, NOT WHAT MAY BE, I'M TALKING CURRENT ZONING.

SO CAN YOU, CAN YOU CLARIFY FOR ME, HELP ME UNDERSTAND? SURE.

UH, SO THE, THE PLAN COMMISSION MEETING A FEW WEEKS AGO, UM, YES SIR.

STAFF'S RECOMMENDATION WAS THE SAME.

IT WAS DENIAL BASED ON THE, THE EXACT SAME VERBIAGE AND, AND REASONS.

UM, ULTIMATELY IT, IT, UM, THE PLAN COMMISSION SEEMED TO, UM, BELIEVE THAT THERE WAS A BIT OF A GAP FOR, UM, CAR WASHES IN THIS AREA.

WE KIND OF LOOKED AROUND AND SAW SOME SEVERAL WITHIN A, A COUPLE MILES OR SO.

AND NOW GRANTED SOME ARE KIND OF YOURSELF SERVICE, UM, YOU KNOW, ONE CAR WASHES, NOT NECESSARILY TUNNEL, BUT WE, ALTHOUGH WE DID FIND A COUPLE, UH, SIMILAR TYPE CAR WASHES WITHIN A FEW MILES, UH, RADIUS.

UM, BUT, UH, PERHAPS AS YOU GO A LITTLE BIT EAST OF THIS SUBJECT SITE, UH, EAST TOWARDS OR ALONG I 30, UM, IT SEEMED THE PLAN COMMISSION RECOGNIZED THAT THERE WAS A, A GAP OF SORTS.