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GOOD

[00:00:01]

EVENING.

GOOD EVENING.

WELCOME

[Plan Commission Pre Meeting]

TO THE OCTOBER 23RD MEETING OF THE GARLAND PLAN COMMISSION.

THIS IS OUR WORK SESSION PORTION OF THE MEETING WHERE WE GET BRIEFED BY STAFF ON THE CASES, ASK QUESTIONS BACK AND FORTH.

ONCE THIS PORTION OF THE MEETING IS OVER, WE WILL RECESS UNTIL SEVEN O'CLOCK WHEN OUR PUBLIC HEARING PORTION WILL BEGIN.

ALL RIGHTY.

GOOD EVENING.

UM, DO WE HAVE ANY QUESTIONS ABOUT THE, UH, MINUTES FROM THE PREVIOUS MEETING? I THINK IT'S GONNA BE AN EASY CONSENT AGENDA.

ALL RIGHT, .

PERFECT.

UM, THE, UH, ONE AND ONLY CASE TONIGHT IS, UH, Z 2323.

THE APPLICANT PROPOSES A RESTAURANT DRIVE-THROUGH TIM HORTON'S AND A RETO A RETAIL, UH, STORE USE DEVELOPMENT.

THE SITE IS LOCATED AT 50 50 NORTH GARLAND AVENUE.

IT IS A 1.04 ACRE SITE, CURRENTLY ZONED PLAN DEVELOPMENT DISTRICT OH ONE 16.

THIS IS WHERE THE SITE IS LOCATED WITHIN THE CITY, AND THIS IS WHERE THE SITE IS LOCATED WITHIN THE GENERAL AREA.

UH, THE SITE IS SURROUNDED BY, UH, COMMUNITY RETAIL USES, UH, MULTIFAMILY, UH, COMPLEX.

AND THEN, UH, AN, UH, AGRICULTURAL ZONE, WHICH IS FOR THE, UH, CURTIS COLDWELL CENTER.

UH, THE, UH, COMMUNITY RETAIL USES SURROUNDING IT ARE LARGELY MADE UP OF, UH, VARIOUS PLAN DEVELOPMENTS CONTAINING, UH, RETAIL STORES, UH, RESTAURANTS, UM, PERSONAL SERVICES AND OTHER, UH, THINGS LIKE GROCERY STORES OR OTHER SIMILAR, UH, USES.

THE COMPREHENSIVE PLAN HAS THIS AREA LABELED FOR COMMUNITY CENTERS.

UH, THIS TYPE OF DEVELOPMENT CONSISTS OF MIX OF USES, UH, INCLUDING RETAIL SERVICES, OFFICE USE, MULTI-FAMILY, RESIDENTIAL, UH, ENTERTAINMENT, AND OF COURSE, UH, RESTAURANTS WOULD BE PART OF THAT.

THE, UH, ECONOMIC DEVELOPMENT, UH, STRATEGIC PLAN, UH, CONSIDERS THIS, UH, STANDALONE COMMERCIAL.

UM, THOUGH IT SHOULD BE NOTED THAT SINCE IT IS A RESTAURANT AND A RETAIL STORE, IT WOULD ALSO BE PARTIALLY A, UH, RETAIL STRIP.

UH, THE, UH, TIM HORTON'S BRAND IS A WELL-KNOWN CANADIAN COFFEE SHOP THAT IS LARGELY PRESENT IN CANADA AND THE NORTHERN UNITED STATES.

THERE'S CURRENTLY ONLY ONE LOCATION IN TEXAS WITH NONE BEING IN NORTH TEXAS.

THE PROPOSAL WILL GENERATE ADDITIONAL SALES TAX REVENUE TO THE CITY AND REDEVELOP A PORTION OF AN UNDERUTILIZED PARKING LOT.

HERE ARE PHOTOS OF THE SITE.

UH, THE FIRST PHOTO IS LOOKING TOWARD WHERE THE, UH, SITE IS, UH, LOOKING EAST OR NORTHEAST, UH, FROM NORTH GARLAND AVENUE.

HERE ARE ADDITIONAL PHOTOS OF THE SITE LOOKING, UH, NORTH AND SOUTH ISH DOWN, UH, NORTH GARLAND AVENUE.

AND, UH, HERE IS THE SITE PLAN.

HERE IS THE LANDSCAPE PLAN AND HERE ARE THE BUILDING ELEVATIONS.

HERE ARE THE DUMPSTER ELEVATIONS.

IT SHOULD BE NOTED THAT, UM, ALL PLANS DO CURRENTLY, UM, WORK WITHIN THE, UH, GDC.

IT DOES COMPLY WITH IT.

THE APPLICANT IS ALSO REQUESTING, UH, AN APPROVAL OF A SPECIFIC USE PROVISION FOR 25 YEARS.

THE SUP TIME PERIOD GUIDE RECOMMENDS A RANGE OF 20 TO 25 YEARS.

STAFF RECOMMENDS APPROVAL OF AN AMENDMENT TO PLAN DEVELOPMENT OH ONE 16 FOR COMMUNITY RESALE.

USES A SPECIFIC USE PROVISION FOR A RESTAURANT DRIVE THROUGH SERVICE USE ON A PROPERTY ZONE PLAN DEVELOPMENT PD, UH, OH ONE 16.

AND FINALLY, A DETAILED PLAN FOR A RESTAURANT DRIVE THROUGH USE AND RETAIL STORE USE.

WE WERE, UH, SENT OUT 22 NOTIFICATION LETTERS AND WE RECEIVED ZERO.

DO YOU HAVE ANY QUESTIONS? ANY QUESTIONS? I DON'T THINK SO.

ALL OF MINE WERE ANSWERED EARLIER TODAY.

THANK YOU.

ALRIGHT, THANK YOU.

HEY, GOOD EVENING COMMISSIONERS.

GOOD EVENING.

UM, JUST REAL BRIEFLY, THIS NEXT AGENDA ITEM MAY LOOK A LITTLE FAMILIAR.

IT'S BACK ON YOUR AGENDA, AND I THINK I SENT YOU ALL AN EMAIL LAST WEEK, BUT JUST AS A BRIEF RECAP, UM, WE'RE, UH, PUTTING THE GDC AMENDMENT, UH, BACK ON YOUR AGENDA AS THE ATTORNEY'S OFFICE.

UH, LET US KNOW.

THERE'S A NEW STATE LAW AS OF THIS YEAR, UM, THAT DOES REQUIRE, UM, SPECIFIC NOTICES FOR AFFECTED, UM, PROPERTY OWNERS, UM, REGARDING THIS TYPE OF AMENDMENT, WHICH AS A BRIEF REMINDER, UH, THE DEVELOPMENT SERVICES OF THE COUNCIL, THE CITY COUNCIL, UM, RECOMMENDED, UH, AMENDING THE GDC TO ALLOW MINOR AUTOMOBILE REPAIR WITHIN THE COMMUNITY RETAIL DISTRICT BY SUP RATHER THAN BY, RIGHT.

SO JUST CHANGING THAT P TO AN S IF YOU'RE FAMILIAR WITH THE LAND USE MATRIX IN, UH, IN THE GDC.

SO, UH, NOTHING HAS CHANGED REGARDING THE REQUEST

[00:05:01]

AND THE, THE RECOMMENDATIONS FROM THE COMMITTEE AND, AND STAFF, BUT, UH, WE'RE JUST PUTTING IT BACK ON THE AGENDA.

WE DID THOSE NOTICES ACCORDINGLY.

UM, UH, PER THE ATTORNEY'S OFFICE RECOMMENDATION, AND I'VE RECEIVED A NUMBER OF CALLS, A FEW EMAILS AS WELL, JUST, UM, UH, WITH FOLKS JUST CLARIFYING THAT, YOU KNOW, WE'RE NOT, UM, FORCING ANY, ANYONE TO CLOSE THEIR BUSINESS OR SHUT DOORS OR ANYTHING LIKE THAT.

CLARIFYING THAT IT'S, YOU KNOW, LEGAL NON-CONFORMING AND KIND OF HOW THAT WORKS.

SO I'VE GOTTEN A NUMBER OF CALLS.

UM, IT'S POSSIBLE WE MAY HAVE SOME VISITORS TONIGHT.

UM, SO, UH, BUT OTHER THAN THAT, REALLY JUST, UM, PUTTING IT BACK ON THE AGENDA TO MAKE SURE WE PRO, UH, FOLLOW THAT, UH, CORRECT PROCEDURE.

AND, UM, FOLLOWING THIS EVENING, WE'LL PUT IT ON THE NEXT, UM, AVAILABLE CITY COUNCIL, UH, AGENDA.

SO, ALL RIGHTY.

THANK YOU.

ANY QUESTIONS? ALL RIGHTY.

WELL, IT LOOKS LIKE THAT'S THE END OF OUR, UH, WORK SESSION.

SO UNTIL SEVEN O'CLOCK, WE ARE IN RECESS.

THANK YOU.

GOOD

[Call to Order]

EVENING.

WELCOME TO THE OCTOBER 23RD MEETING OF THE GARLAND PLAN COMMISSION.

AS IS OUR CUSTOM, WE COMMISSIONERS START THE MEETING WITH A PRAYER AND A PLEDGE.

YOU'RE INVITED TO JOIN US, WHETHER YOU DO OR NOT, NO WAY AFFECTS THE DECISIONS OF THIS COMMISSION OR YOUR RIGHTS IN FRONT OF THE COMMISSION IF YOU CARE TO JOIN ME.

DEAR HEAVENLY FATHER, WE THANK YOU FOR THIS DAY WHERE WE CAN GATHER LIKE THIS AND LISTEN TO THE CITIZENS AND TRY TO MAKE THE BEST DECISIONS POSSIBLE.

PLEASE GIVE US THE WISDOM TO MAKE THE BEST DECISIONS POSSIBLE FOR THE CITY AND THE APPLICANTS.

AND WE ASK THAT YOU BRING SOME PEACE TO THIS TUMULTUOUS WORLD AND HELP IN EVERY WAY THAT YOU CAN.

AND WE ALSO ASK THAT YOU LOOK OVER OUR FIRST RESPONDERS, OUR MEN AND WOMEN IN UNIFORM AND THEIR FAMILIES, THEY ALL STRIVE TO PROTECT US AND KEEP THIS DEMOCRACY GOING.

WE ASK THIS IN YOUR NAME.

AMEN.

AMEN.

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

WELL, GOOD EVENING AND WELCOME TO OUR MEETING.

BEFORE WE DIVE INTO OUR MEETING, WE HAVE A NEW COMMISSIONER ON BOARD FROM DISTRICT SIX.

COMMISSIONER ABEL.

I SAID YOU HAD, UH, 35 MINUTES TO SAY ANYTHING.

TIME'S UP, TIME'S UP, .

NO WELCOME ABOARD.

WE APPRECIATE YOU BEING HERE AND, UH, SERVING THE CITY.

REALLY DO.

THANK YOU.

ALL RIGHTY.

UM, A LITTLE BIT OF, UH, GROUND RULES.

UH, APPLICANTS ARE GIVEN 15 MINUTES TO PRESENT THEIR CASE AT THE PODIUM.

OTHER SPEAKERS, WE ALLOW THREE MINUTES.

IF YOU'RE SPEAKING FOR OR HOMEOWNERS ASSOCIATION OR GROUP LIKE THAT, WE DEFINITELY ALLOW MORE TIME.

AND WE DO ASK TO GIVE YOUR NAME AND ADDRESS IN THE MICROPHONE.

WE NEED THAT FOR THE RECORDS.

ALL RIGHTY, WE

[CONSENT AGENDA]

WILL START WITH OUR CONSENT AGENDA.

CONSENT AGENDA ARE ITEMS THAT THE COMMISSION HAS REVIEWED, UM, EXCUSE ME, COMMISSION HAS REVIEWED, AND WE'LL BE VOTING ON IN ONE VOTE TO APPROVE.

I WILL READ OUT IN THIS CASE THE SINGLE ITEM, AND IF SOMEBODY WANTS THE ITEM REMOVED FOR INDIVIDUAL CONSIDERATION, LET ME KNOW.

ALL RIGHTY.

CONSIDER APPROVAL OF THE PLAN COMMISSION MINUTES FOR THE OCTOBER.

OH, GOSH.

UH, NINTH MEETING.

ANY, UH, OKAY.

GENERAL IAIN.

A MOTION.

NOBODY WANTS TO, UH, MO A MOTION FROM, UH, OH, COMMISSIONER BIN AND A SECOND FROM COMMISSIONER PARIS.

THIS IS TO APPROVE THE CONSENT AGENDA.

ALL RIGHT.

AND MR. COMMISSIONER JENKINS, UH, YOUR VOTE DIDN'T TAKE.

THERE WE GO.

ALL RIGHTY, ALL GOOD.

PASSES UNANIMOUSLY.

THANK YOU.

ALRIGHT,

[Item 2A. Consideration of the application of ClayMoore Engineering, requesting approval of 1) an Amendment to Planned Development (PD) District 01-16 for Community Retail Uses, 2) a Specific Use Provision for a Restaurant, Drive-Through Service Use on a property zoned Planned Development (PD) District 01-16 and 3) a Detail Plan for a Restaurant, Drive-Through Use, and a Retail Store Use. This property is located at 5050 North Garland Avenue. (District 1) (File Z 23-23).]

OUR FIRST AND ONLY ZONING CASE CONSIDERATION OF THE APPLICATION OF CLAIM OR ENGINEERING REQUESTING APPROVAL OF ONE, AN AMENDMENT TO PLAN DEVELOPMENT DISTRICT ZERO ONE DASH 16 FOR COMMUNITY RETAIL USES, AND A SPECIFIC USE PROVISION FOR A RESTAURANT DRIVE THROUGH SERVICE ON A PROPERTY ZONE, PLANT DEVELOPMENT DISTRICT, PD DASH ZERO ONE DASH 16.

AND THREE, A DETAILED PLAN FOR A RESTAURANT DRIVE THROUGH USE, AND A RETAIL STORE USE.

THIS PROPERTY IS LOCATED AT 50 50 NORTH GARLAND AVENUE.

I BELIEVE I HAVE A CARD FROM THE APPLICANT.

UH, CLAY CHRISTIE, GOOD EVENING COMMISSION.

CLAY CHRISTIE, CLAYMORE ENGINEERING 1903 CENTRAL DRIVE, BEDFORD, TEXAS.

UM, APPRECIATE YOUR TIME THIS EVENING.

UM, WE'RE EXCITED TO PRESENT A PROPOSED TIM HORTON'S DEVELOPMENT, UH, OUT IN FRONT OF THE EXISTING SAM'S CLUB.

UM, I KNOW STAFF'S KINDA GIVEN ALREADY THEIR PRESENTATION EARLIER, BUT, UM, WE'RE JUST LOOKING TO, TO KIND OF FIT IN WITH THAT COMMUNITY

[00:10:01]

OF, OF THE RESTAURANTS AND DIFFERENT THINGS THERE AND BRING A NEW, UH, CONCEPT HERE TO TEXAS.

UM, AS STAFF MENTIONED A LITTLE BIT EARLIER, UM, TIM HORTON'S IS, UH, NOT NECESSARILY PRESENT DOWN IN THE SOUTH PART OF THE UNITED STATES, BUT, UM, THEY'RE GROWING DOWN HERE AND WE'RE WITH A GROUP THAT'S REDEVELOPING AND BRINGING IN, UH, TIM HORTON'S TO TEXAS AND THE DFW AREA.

UM, THERE, UH, THIS WOULD BE A TWO TENANT BUILDING LIKE WE MENTIONED.

UM, SO THERE WOULD BE ANOTHER DIFFERENT RETAIL COMPONENT THAT'S UNKNOWN AT THIS TIME.

UM, BUT THE TIM HORTONS IS, IS WHAT WE'RE THERE AND WHAT WE'RE MOVING FORWARD WITH AS THE KNOWN COMPONENT.

UM, AND THEN I KNOW THERE'S A COUPLE QUESTIONS THAT WE HAD REGARDING SOME LANDSCAPING, UM, ON THE SAMS FOR THE LANDSCAPE ISLANDS.

WE'RE HAPPY TO DO THAT AND WORK WITH THE TREES.

THE ONLY CAVEATS, WE JUST, WE'VE GOTTA WORK WITH THE SAM'S CLUB ON PROBABLY THE SPECIES TYPE TO MAKE SURE THAT THAT WORKS WITH WHAT THEY HAVE.

UM, AND WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE FOR THE SITE PLAN.

ANY QUESTIONS TO THE APPLICANT? UH, COMMISSIONER JENKINS.

THANK YOU, MR. CHAIR.

THERE WE GO.

GOOD EVENING, SIR.

YOU, THIS IS A CANADIAN, UH, UH, OWNED BUSINESS OR SO THAT'S, THAT'S WHERE TIM HORTON'S ORIGINATED FROM.

YES, SIR.

SO THE QUESTION I'VE GOT IS NOT, UM, RELATED TO THE SITE PLAN.

WILL THERE BE POUTINE? JUST, JUST CURIOUS.

I DON'T, I'LL BE HONEST WITH YOU.

IS, IS THAT A LEGAL TERM? THAT'S THE FIRST .

I'VE HAD LOTS OF QUESTIONS ABOUT THE FOOD AND THE COFFEE AND THE BREAKFAST SANDWICHES AND THEIR SPECIALTY DRINKS.

THAT'S THE FIRST TIME I'VE HAD THAT QUESTION.

AND I'LL BE HONEST WITH YOU, I DON'T KNOW.

SO JUST THINK ABOUT IT.

I WOULD HATE TO LIE.

I'D HATE TO LIE TO YOU ABOUT IT, BUT I DUNNO.

THANK YOU, SIR.

THANK YOU, MR. CHAIR.

YOU'RE WELCOME.

I DON'T BELIEVE THERE ARE ANY OTHER QUESTIONS.

NOPE.

THANK YOU VERY MUCH FOR COMING DOWN.

I HAVE NO OTHER SPEAKER CARDS IN THIS CASE.

IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WISHES TO SPEAK ON THIS ITEM? SEE NONE.

COMMISSIONERS, CHAIR.

COMMISSIONER DALTON.

I WANNA MAKE A MOTION THAT WE APPROVE THE APPLICATION AS PRESENTED, INCLUDING THE SUP TERM, SECOND MOTION BY COMMISSIONER DALTON, A SECOND BY COMMISSIONER JENKINS TO APPROVE THE APPLICATION AS PRESENTED, WHICH IS A 25 YEAR, UH, SUP AND COMMISSIONER.

ROSE, DID YOU HAVE A CLOSE THE PUBLIC HEARING? OH, IT GOES WITHOUT SAYING ALMOST.

AND CLOSE THE PUBLIC HEARING.

YEAH.

ALL RIGHTY.

QUICKLY, CHAIR.

UM, IT'S MY UNDERSTANDING THAT WE'RE, WE'RE ACTUALLY PULLING THE PD AMENDMENT.

IS THAT RIGHT? UH, MR. GARRIN? UH, YES.

AND I APOLOGIZE.

I DID DIDN'T SPEAK WITH MR. CHAIRMAN BEFORE THAT.

UH, WE JUST DETERMINED THAT THE, THE AMENDMENT TO THE PD PORTION OF THE ITEM WASN'T REALLY NECESSARY.

THEY'RE REALLY NOT TECHNICALLY AMENDING ANYTHING IN THE PD AND THERE'S NO DEVIATIONS ASSOCIATED WITH IT.

SO THAT IS CORRECT.

THE REALLY ONLY NECESSARY, UM, ITEMS AS PART OF THIS APPLICATION OR THE SUP AND THE DETAIL PLAN.

SO THANK YOU.

THANK YOU.

I'M ALWAYS THE LAST TO KNOW.

SO, UH, DOES THE MAKER, THE MOTION, UH, AGREED TO, UH, IS THAT CHANGE OF TAKING THAT AMENDMENT OUT OKAY WITH HIM? YES.

IS THE SECOND OF THE MOTIONS.

OKAY.

SO WE HAVE A MOTION TO, AND LET ME SEE IF I CAN GET THIS RIGHT, UH, APPROVE THE SPECIFIC USE PROVISION OF THE DRIVE THROUGH SERVICE FOR A PERIOD OF 25 YEARS AND APPROVE THE DETAIL PLAN FOR THE RESTAURANT DRIVE THROUGH USE SERVICE.

ALRIGHTY.

THIS IS A MOTION TO APPROVE ANY DISCUSSION.

ALL RIGHT.

PLEASE VOTE AND PASSAGE UNANIMOUSLY.

THANK YOU, SIR.

ALL RIGHTY.

THE LAST ITEM

[Item 3A. Consider an amendment to the Land Use Matrix of Chapter 2 of the Garland Development Code to allow for Automobile Repair, Minor use by Specific Use Provision in the Community Retail (CR) District.]

IN OUR AGENDA IS A MISCELLANEOUS ITEM.

IT'S CONSIDERED AN AMENDMENT TO THE LAND USE MATRIX OF CHAPTER TWO OF THE GARLAND DEVELOPMENT CODE TO ALLOW FOR AUTOMOBILE REPAIR, MINOR USE BY SPECIFIC USE PROVISION IN THE COMMUNITY RETAIL DISTRICT.

AND I HAVE NO SPEAKER CARDS IN THIS ITEM.

IS THERE ANYBODY IN THE AUDIENCE WHO WISHES TO SPEAK ON THIS ITEM? AND MAYBE FOR A LITTLE BACKGROUND, UH, WE DID APPROVE THIS, BUT IT DID NOT GO TO COUNCIL BECAUSE IT WAS DISCOVERED AT A VERY RECENT TEXAS LAW REQUIRED A SPECIAL TYPE OF NOTIFICATION BE SENT OUT.

STAFF WENT AHEAD AND DID THAT, AND SO WE'RE HEARING IT AGAIN.

ALRIGHTY.

I SEE NO SPEAKERS IN THIS ITEM.

COMMISSIONER, WHOOP.

OH, COME ON DOWN.

UH, MY NAME IS THO HO.

UM, MY ADDRESS IS 33 0 5, UM, KINGSBURY 31, I'M SORRY, 31 10 KINGSBURY RICHARDSON.

UM, BUT I'M A BUSINESS OWNER OF ONE OF THE MM-HMM.

PROPERTIES THAT MAY BE AFFECTED.

I WAS WONDERING IF MR. GARRIN COULD JUST MAYBE, I KNOW HE TALKED TO US DIRECTLY, BUT SOME PEOPLE WEREN'T PRESENT WHEN HE TALKED TO US.

SO IF YOU COULD JUST MAYBE GO INTO, TALK A LITTLE BIT ABOUT HOW THIS AFFECTS,

[00:15:01]

'CAUSE I KNOW A LOT OF BUSINESS OWNERS ARE NERVOUS ABOUT, UM, HOW IT AFFECTS THEIR BUSINESS IF THEY DO OWN A AUTO REPAIR BUSINESS.

WELL, MR. GARRIN BRIEFED ME AND HE'LL CLUE ME IN IF I'M WRONG.

ANYBODY WHO HAS AN EXISTING AUTOMOBILE USE A MINOR REPAIR THAT'S THE AUTO WILL BE ALLOWED TO REMAIN IT BE CALLED LEGAL NON-CONFORMING USE.

IT'S OKAY.

AND THAT USE GOES WITH THE LAND, NOT THE OWNER.

SO IT DOES NOT STOP A PERSON FROM SELLING HIS BUSINESS FROM ONE ENTITY TO ANOTHER.

WITH THE CAVEAT BEING AS I THINK IF IT'S EMPTY AND NOT IN USE FOR OVER SIX MONTHS, THEN THE USE WOULD GO AWAY.

NOW, ANYBODY WHO'S GOT THAT ZONING NOW AND WANTS TO PUT IT ON ALL THIS DOES IS REQUIRE AN EXTRA STEP TO GET SPECIFIC USE PROVISION, UH, FOR THAT USE.

DID, DID I GET MOST OF THAT? THAT'S CORRECT, MR. CHAIRMAN.

OKAY.

SO PEOPLE WHO, UM, HAVE, WOULD, WOULD IT BE FOR, AND I KNOW HE, YOU SPECIFICALLY SAID, UH, IF THE BUSINESS LEFT FOR SIX MONTHS, THEN THEY WOULD HAVE TO GET A SPECIAL USE PROVISION TO, TO REENTER.

IS THIS IS THE POINT OF IT JUST TO LIMIT THE NUMBER OF NEW AUTO REPAIR BUSINESSES IN GARLAND, OR DID YOU, OKAY.

COMMISSIONER BIN, I THINK YOU'VE GOT SOME INPUT ON THIS.

YEAH.

UH, JUST TO CLARIFY A LITTLE BIT.

SO IF, IF YOU CURRENTLY HAVE A BUSINESS THAT IS DOING MINOR AUTOMOBILE REPAIR IN ONE OF THESE AREAS THAT'S AFFECTED YOUR BUS, YOUR BUSINESS IS NOT AFFECTED, YOU KEEP DOING BUSINESS AS YOU ARE, THAT DOES NOT CHANGE AT ALL.

IF YOU WANT TO SELL YOUR BUSINESS TO SOMEONE ELSE, YOU KNOW, YOU SAID, YOU KNOW, I I'VE BEEN DOING THIS LONG ENOUGH AND YOU WANNA SELL IT, OR, OR YOU WANNA TRANSFER IT IN SOME WAY, THEN YOU CAN DO THAT AND THEY CAN CONTINUE TO OPERATE THE BUSINESS AS IT'S CALLED A NON-CONFORMING USE.

IN OTHER WORDS, AT ONE ONCE UPON A TIME, THE USE WAS CALLED CONFORMING.

IT WAS OKAY, AND THEN THE RULES CHANGED.

BUT YOU, BUT YOU GET GRANDFATHERED IN IS WHAT BASICALLY IS, AND, AND YOU CAN CONTINUE THAT ON, PASSED THAT DOWN TO SOMEONE ELSE.

IT RUNS WITH, IT'S CALLED RUNNING WITH THE LAND.

AND I'M SURE COUNSEL WILL CORRECT ME IF I'VE GOT THIS WRONG, BUT, UH, THE, THE PIECE THAT COMES IN HERE IS IF YOU GO OUT OF BUSINESS, IF YOU SHUT DOWN FOR SIX MONTHS OR MORE THAN YOUR GRANDFATHER'S STATUS ENDS, THAT'S, THAT DOESN'T MEAN THAT NOBODY CAN EVER OPERATE A, YOU KNOW, OPERATE THAT KIND OF BUSINESS.

THERE AGAIN, WHAT THEY WOULD HAVE, WHAT THEY WOULD HAVE TO DO RATHER THAN GET YOU IF YOU WERE TO THEN SAY, YOU KNOW, I MEAN, LET'S SAY YOU HAVE AN UNCLE WHO HAS A, A BUSINESS LIKE THIS AND THEY DIE OR WHATEVER, AND THE BUSINESS JUST STOPS FOR A YEAR.

AND THEN YOU COME BACK AND YOU'RE LIKE, WELL, WE'D LIKE TO, I'D LIKE TO OPEN A, I'D LIKE TO OPEN A GARAGE THERE.

YOU'D HAVE TO COME TO THE CITY COUNCIL AND APPLY FOR WHAT'S CALLED A SPECIAL USE PERMIT.

SOMETHING THAT YOU DON'T NEED TODAY OR HAVEN'T NEEDED IN THE PAST.

YOU'D APPLY FOR THIS PARTICULAR AREA, YOU'D APPLY FOR SPECIAL USE PERMIT, YOU'D COME TO THE PLAN COMMISSION LIKE THIS.

UM, JUST LIKE THE, THE FOLKS WHO WERE HERE A MINUTE AGO FOR TIM HORTON'S, THEY HAD TO APPLY FOR A SPECIAL USE PERMIT TO HAVE A DRIVE THROUGH.

AND SO IT DOESN'T NECESSARILY REDUCE THE, IT, IT'S, IT'S NOT SAYING WE'RE GONNA REDUCE THE NUMBER OF AUTOMOBILE USES OR OTHER USES IN THE CITY, BUT IT MEANS THAT IT'S GONNA GO THROUGH SOME ADDITIONAL PROCESS.

SO THAT'S KIND OF THE GOAL OF IT.

SO YOUR, YOUR RIGHTS AS THEY ARE, AS LONG AS YOU KEEP OPERATING, YOU'RE FINE AND YOU CAN SELL IT.

SO I, AND I THINK THAT'S A REALLY IMPORTANT PIECE TO REMEMBER THAT YOU CAN SELL THIS AND SOMEONE ELSE CAN KEEP OPERATING, BUT THE KEY IS TO, THE KEY IS TO KEEP OPERATING.

RIGHT.

OKAY.

SO, ALL RIGHT.

THANK YOU.

AND I THINK I GET THAT RIGHT AND TO YOUR QUESTION AS TO WHY, UH, THAT RIGHT WILL YES.

OKAY.

UM, A LOT OF THE USES CHANGED IN 2015 WITH NEW DEVELOPMENT CODE AND SOME OF THESE, UH, SOME OF THE AUTOMOBILE REPAIR PLACES BEEN SHOWING UP IN PLACES WHERE THEY WEREN'T ANTICIPATED AND MAYBE NOT AS APPROPRIATE AS THEY SHOULD BE.

PLUS THE CITY RECENTLY DID AN ECONOMIC STUDY WHERE THEY ADDRESSED ALL KINDS OF USES AND, AND, UM, CITY COUNCIL, UM, CAME, CAME UP WITH THIS AND ASKED THAT WE REVIEW IT AND LET THE PUBLIC HEAR ABOUT IT TOO.

AND THIS WILL STILL GO BEFORE THE CITY COUNCIL AT ONE OF THEIR NEXT MEETINGS.

THANK YOU.

YOU'RE WELCOME.

ANYBODY ELSE IN THE AUDIENCE, UH, CARE TO COMMENT ON THIS? ALL RIGHT, COMMISSIONER, DISCUSSION MOTION.

I MOVE THAT WE RECOMMEND APPROVAL SECOND TO THE CITY COUNCIL.

I MOVE THAT WE RECOMMEND APPROVAL TO THE CITY COUNCIL.

OKAY.

UH, MOTION BY COMMISSIONER ALMOND TO FORWARD RECOMMENDATION TO, OF A

[00:20:01]

POSITIVE RECOMMENDATION TO THE CITY COUNCIL.

AND THE SECOND BY COMMISSIONER JENKINS.

THIS IS TO APPROVE AND MOVE FORWARD.

THAT PASSAGE UNANIMOUSLY.

THANK YOU VERY MUCH.

THAT WAS THE LAST ITEM IN OUR AGENDA.

SO UNTIL OUR MEETING OF NOVEMBER 13TH, WE ARE ADJOURNED.

THANK YOU.