[a. Consideration of the application of Nayeb Management, LLC., requesting approval of 1) a Specific Use Provision for a Tattooing/Body Piercing Establishment Use on a property zoned Planned Development (PD) District 82-59 and 2) a Concept Plan for a Tattooing/Body Piercing Establishment Use. The site is located at 1350 Northwest Highway, Suite #107. (District 5) (File Z 24-29)]

RIGHT. FIRST ITEM WOULD BE ZONING CASE THREE A, THE CONSIDERATION APPLICATION OF MANAGEMENT. THAT'S ZONING FILE Z 24 DASH 29. GO AHEAD SIR. GOOD EVENING. GOOD EVENING. THE FIRST CASE TONIGHT IS Z 2429. IT WAS POSTPONED FROM THE PREVIOUS PLANNING COMMISSION ON FEBRUARY 10TH. IT IS AN SUPP FOR A TATTOO, BODY PIERCING ESTABLISHMENT AND A PLANNED DEVELOPMENT DISTRICT. ZONED PD 8259, WITH A BASE OF COMMUNITY RETAIL.. IT'S LOCATED ON 1350 NORTHWEST HIGHWAY, AND IT'S A 1000 SQUARE FOOT LEASE AREA. THIS IS WHERE THE SITE IS LOCATED WITHIN THE CITY. AS YOU CAN SEE, IT'S LARGELY SURROUNDED BY COMMUNITY, RETAIL BASE AND PD DEVELOPMENT. THOUGH IT DOES INCLUDE A MULTI-FAMILY BEHIND OR TO THE SOUTH, AS WELL AS A DAYCARE TO THE NORTH. THE COMPREHENSIVE PLAN HAS THIS AREA SLATED FOR COMMUNITY CENTERS. I PROVIDES ALL KIND OF COMMUNITY RELATED DEVELOPMENT AND SERVICES FOR THAT COMMUNITY LIKE RETAIL, RESTAURANT, OFFICE USE, EVEN RESIDENTIAL. HERE ARE PHOTOS OF THE SITE. HERE ARE ADDITIONAL PHOTOS OF THE SITE LOOKING DOWN NORTHWEST HIGHWAY. AND HERE'S THE CONCEPT PLAN. AS YOU CAN SEE, THE RED OUTLINES THE SUITE WITHIN THE LARGER SHOPPING CENTER. AND THE APPLICANT REQUEST TEN YEARS WITH THE CEP TIME PERIOD GUIDE RECOMMENDING A RANGE OF 5 TO 10 YEARS. AND STAFF RECOMMENDS DENIAL THAT IS NOT CONSISTENT WITH E FUTURE LAND USE MAP. IT'S PROXIMITY TO RESIDENTIAL AND DAYCARE, AND WE DO NOT HAVE ANY CONTROL. AFTER CONSULTING WITH THE BUILDING INSPECTIONS DEPARTMENT OVER THE PERCENTAGE THAT WOULD BE A TATTOO FOR RECREATIONAL AS OPPOSED TO MEDICAL. WE SENT OUT 128 LETTERS. WE RECEIVED 11 TOTAL, SIX OUTSIDE THE NOTIFICATION AREA AGAINST ONE OUTSIDE THEOTIFICATION AREA IN FAVOR AND FOUR WITHIN THE NOTIFICATION AREA AGAINST. I AM OPEN TO ANY AND ALL QUESTIONS. ANY QUESTIONS ON THIS CASE? ALL

[00:05:09]

RIGHTY. ON TO THE NEXT ONE. BRIEFING WOULD BE ITEM THREE B CONSIDERATION THE APPLICATION OF DEVELOPMENT ENGINEERING CONSULTANT ZONING FILE Z 2441. THE SECOND CASE TONIGHT IS Z 2441 IS A PLAN DEVELOPMENT AMENDMENT ON A PROPERTY ZONED PLANNED DEVELOPMENT 0039 FOR A LANDSCAPE NURSERY. RETAIL USE. THE BASE ZONING IS COMMUNITY RETAIL. THIS IS WHERE THE SITE IS LOCATED WITHIN THE CITY. IT'S A FOUR ACRE TRACT OF LAND ALONG GEORGE BUSH. SO YOU CAN SEE THERE'S A NEIGHBORHOOD TO THE NORTH, AS WELL AS THE SAME PD TO THE EAST AND WEST. CURRENTLY VACANT LOTS AS WELL. AND THEN GEORGE BUSH TO THE SOUTH. COMPREHENSIVE PLAN HAS THIS AREA FOR COMMUNITY CENTERS. AGAIN, IT DOES SERVE RETAIL SERVICES, OFFICE USE RESIDENTIAL FOR THE NEARBY AREAS. HERE ARE SITE PHOTOS. HERE. ADDITIONAL SITE PHOTOS. AND HERE'S THE CONCEPT PLAN. AS YOU CAN SEE, THERE'S A CUT THROUGH FROM GEORGE BUSH TO RIVER OAKS PARKWAY. AS WELL AS AN EAST TO WEST MUTUAL ACCESS THAT'S PROPOSED FOR THE DEVELOPMENTS THAT WOULD COME IN THE FUTURE. AND THEN A SMALL BUILDING WITH A LARGE LANDSCAPE DISPLAY AREA. STAFF. OR THE APPLICANT REQUESTS A PD AMENDMENT TO ALLOW THIS LANDSCAPE NURSERY RETAIL USE, AS IT'S CURRENTLY NOT ALLOWED. STAFF RECOMMENDS THAT WE RECEIVE DIRECTION FROM THE COMMISSION, DETERMINING IF THIS USE WOULD BE PROPOSED FOR THE SITE. THE USE MAY BE COMPATIBLE WITH THE GENERAL VISION OF THE COMPREHENSIVE PLAN AND SURROUNDING AREAS, BUT DOES NOT CONTRIBUTE POSITIVELY TOWARD ACHIEVING THE CITY'S GOAL OF CREATING A DESTINATION FOR THE GEORGE BUSH CORRIDOR. WE SENT OUT 32 NOTELETS AND WE RECEIVED ONE THAT WAS WITHIN THE NOTIFICATION AREA AGAINST ANY QUESTIONS? ANY QUESTIONS ON THIS ONE? COMMISSIONER DUCKWORTH. I NOTICED IN OH, AM I ON NOW? OKAY. YEAH, I NOTICED IN READING THAT THERE WAS A SCREENING WALL PROVISION IN THAT. DOES THE EXISTING WALL IS ON THE STREET TO THE EAST OF THAT PROPERTY. IS THAT DOES THAT QUALIFY AS A SCREENING OR WILL IT BE IT'S MEANT TO CONTINUE THE ONE THAT'S JUST TO THE NORTHWEST. SO IT'S THE MASONRY WALL. SO RIGHT NOW THERE ISN'T ANYTHING MY MOUSE ISN'T SHOWING BUT TO THE WEST. BUT THE GOAL IS TO DO IT FROM WHEN THERE IS A DEVELOPMENT THERE. BECAUSE JUST TO THE WEST OF THE NEIGHBORING PROPERTY, THERE ARE PROPOSED DEVELOPMENTS THAT WILL CONTINUE THAT SAME SCREENING WALL THAT EXISTS ALL THE WAY UP TO GARLAND ROAD. SO IT'S CONTINUING THAT SAME MASONRY SCREENING WALL THAT'S REQUIRED THERE. OKAY. THANK YOU.

THANK YOU, COMMISSIONER ABEL. THANK YOU. HAS STAFF. WHAT IS A BETTER AND HIGHER USE FOR THAT SECTION OF LAND. DO YOU HAVE A RECOMMENDATION? WE WANTED TO SEE GUIDANCE FROM THE COMMISSION IF THERE WAS A BETTER USE FOR THIS AREA, AS WE DID NOT RECOMMEND. AND I KNOW WE'LL PROBABLY TALK ABOUT THIS IN DEPTH, BUT I THINK ABOUT COVINGTON'S AND THE OTHER NURSERIES ON 190 AND IN THAT AREA. I HEAR, YOU KNOW, THAT'S A LOT OF DESTINATION AND THERE IS A LOT OF RETAIL THERE. SO AND YEAH, THAT'S CERTAINLY A GOOD POINT, SIR. AND AGAIN, THAT WILL BE DISCUSSED BY THE PLANNING COMMISSION LATER. THANK YOU. THANK YOU. ANY OTHER DISCUSSION? I HAD A QUICK QUESTION. DID THEY SAY HOW SMALL THAT SMALL BUILDING IS? NO, SIR. I DO. THAT COULD BE A QUESTION FOR THE APPLICANT. ALL RIGHT. THANK YOU. I THINK THAT'S IT. NEXT BRIEFING WILL BE ITEM THREE C CONSIDERATION THE APPLICATION OF HUGO OLIVEIRA. GALINDO. AND THAT IS ZONING FILE Z 2338. THE FINAL CASE IS C 2338. IT IS AN SCP FOR A TATTOO ESTABLISHMENT ON A PROPERTY ZONED PD 7615, WITH A COMMUNITY RETAIL DISTRICT BASE. THIS IS WHERE THE SITE IS LOCATED. IT'S A 250 SQUARE FOOT STUDIO WITHIN THE 5325 SQUARE FOOT LEASING AREA. THIS IS WHERE THE SITE IS LOCATED WITHIN THE GENERAL AREA, ENTIRELY SURROUNDED BY RETAIL, COMMERCIAL, RESTAURANT, OFFICE AS WELL AS THE MULTIFAMILY TO THE NORTH. THE COMPREHENSIVE PLAN HAS THIS AREA SLATED FOR A COMMUNITY CENTERS. AGAIN, IT'S FOR VARIOUS RETAIL SUPPORTING THE NEIGHBORHOOD, COMMUNITY AND

[00:10:01]

COMMISSIONER DALTON, CAN YOU GO? DIDN'T YOU SAY THIS WOULD BE A OCCUPANT INSIDE OF A LARGER SPACE? YES, SIR. SO THERE. AND I'LL LET THE APPLICANT ALSO HIT ON THIS, BUT PER THE CONCEPT PLAN. SO THERE IS ONE RIGHT SALON THAT HAS SIX SUITES WITHIN IT, AND THEY WILL ONLY BE OCCUPYING 256FT■S OF THAT 5000 SQUARE FOOT SUITE WITHIN THE SHOPPING CENTER. I UNDERSTAND THAT CAN CAN SOUND A LITTLE CONFUSING, BUT I CAN CERTAINLY CLARIFY IF YOU HAVE ANY ADDITIONAL QUESTIONS. OKAY. THANK YOU. ANY OTHER QUESTIONS? ACTUALLY I DO. THIS IS AN SOUP.

AND SOUPS ARE TIED TO AN ADDRESS WHICH WOULD INCLUDE THE WHOLE SUITE. YES, SIR. SO IT IS TIED TO THE WHOLE SUITE AS THE SUITES INSIDE ARE NOT, LIKE LEGALLY ADDRESSED. SO YES, THE SOUP WILL BE FOR THE 5000FT■S. SO. BUT THY THIS OPERATION WILL BE CONFINED TO THEIR 250FT■S. BUT THERE'S NOTHING TO PREVENT THEM FROM TAKING OVER THE WHOLE SPACE. NO, SIR. NEBULA. THERE WE GO. SO THE CONCEPT PLAN SHOWS THE AREA THAT WOULD BE TECHNICALLY THEIR SOUP AREA. SO, YES, IF THEY EXPAND IT AGAIN, IT'S A CODE COMPLIANCE ISSUE, BUT THEY'RE NOT THERE WILL BE IN VIOLATION OF THEIR SUP IF THEY DO THAT, BECAUSE THE CONCEPT PLAN IS ASSOCIATED WITH THE SUP ORDINANCE IF IT GETS APPROVED. ALRIGHT. SO THE CONCEPT PLAN CAN TIE THAT, BUT THERE'S NO REAL WAY TO POLICE THAT, PRACTICALLY SPEAKING. NO, NO, YOU'RE RIGHT, YOU'RE ABSOLUTELY RIGHT. PRACTICALLY SPEAKING, THAT'S A HUGE UNDERTAKING FOR OUR CODE COMPLIANCE DEPARTMENT TO GO INTO EVERY SINGLE LAWN. AND YEAH, MAY I ADD THAT, YOU KNOW, THESE SUITES CAN BE CHANGED AND REARRANGED PER THE OWNER'S CONSENT AS IT'S NOT ADDRESSED, YOU KNOW, LOCATION. SO THEORETICALLY, THEY COULD EVEN JUST HAVE THEIR SUITE, YOU KNOW, LOST. RIGHT. OKAY. AND I DID ZOOM IN ON THE EXTRA DETAIL IF ANYBODY WANTED TO INSPECT THAT. AS YOU SEE, THEIR TATTOO SHOP, IS THAT ONE OF THE SIX IN THE TOP LEFT? AND THE REASON IT'S HERE IS BECAUSE THE DEFINITION OF TATTOO SAYS ANY. YES, SIR. PIERCING ANY TATTOOING. AND IT DOESN'T MATTER WHETHER IT'S AN ACCESSORY USE OR A MAIN USE. IT'S COVERED BY THIS. ALL RIGHT. THANK YOU. THAT'S THE LAST OF OUR STAFF BRIEFING. SO WE SHALL GO INTO OUR PUBLIC HEARING PORTION OF OUR AGENDA, AND THAT

[ CONSENT AGENDA All items under this section are recommended for approval by a single motion of the Plan Commission, without discussion. The Chairman will announce the agenda and provide an opportunity for members of the audience and the Plan Commission to request that an item be removed and considered separately.]

WE'LL START WITH OUR CONSENT AGENDA. CONSENT AGENDA IN THIS CASE IS THE PLAN COMMISSION MINUTES. AND SO I'LL ASK IF ANYBODY IN THE AUDIENCE WANTS TO SPEAK ON THIS ITEM, ANY COMMISSIONERS WANT, THEN I'LL TAKE A MOTION TO APPROVE THE CONSENT AGENDA. MR. CHAIR, COMMISSIONER DALTON, WHO WILL MAKE A MOTION? YOU MAKE A MOTION THAT WE ACCEPT THE CONSENT AGENDA AS POSTED. AND I SEE COMMISSIONER PARIS CHIMED IN FOR AT LEAST A SECOND. RIGHT.KAY.

ALL RIGHT. WE HAVE A MOTION BY COMMISSIONER DALTON, A SECOND BY COMMISSIONER PARIS TO APPROVE THE CONSENT AGENDA. WE'RE GONNA VOTE. YEAH, WE'RE WE'RE WAITING ON ELECTRONICS. IT'S BEEN HICCUPING THE PAST MONTH OR SO, SO I SET IT UP, MR. ROBERTS. WHICH? YOU. IT'S NOT POPPING UP ON OUR SCREEN AS AN ACTIVE ITEM. TECHNOLOGY. GREAT. YEP. LADIES AND GENTLEMEN, LET'S GO BY A SHOW OF HANDS. ALL IN FAVOR, LET THE RECORD SHOW THAT THAT IS A UNANIMOUS VOTE. THANK YOU, SIR.

YOU'RE WELCOME. WE'RE FLEXIBLE. WE'LL DO ANYTHING ON THE FLY HERE. ALL RIGHT, INTO OUR

[00:15:01]

REGULAR ZONING CASES. ITEM THREE A, CONSIDER THE APPLICATION APPLICATION OF NAB MANAGEMENT, LLC, REQUESTING APPROVAL OF A SPECIFIC USE PROVISION FOR A TATTOO SLASH BODY PIERCING ESTABLISHMENT. USE ON PROPERTY ZONED PD DISTRICT 82, DASH 59, AND A CONCEPT PLAN FOR A TATTOO BODY PIERCING ESTABLISHMENT. USE. THE SITE IS LOCATED AT 1350 NORTHWEST HIGHWAY, AND THIS ITEM WAS POSTPONED FROM OUR LAST MEETING. AND AGAIN, I NEED PEOPLE'S NAMES AND ADDRESSES INTO THE MICROPHONE FOR. HI, CYNTHIA OLALDE, 2741 STONERIDGE DRIVE, GARLAND, TEXAS. OLIVER REYES, 1300 ROCKCLIFFE STREET, PLANO, TEXAS. ALL RIGHTY. YEP. OKAY. GO AHEAD. SO WE'RE BACK.

WE DO HAVE UP THERE A LITTLE BIT OF OURSELVES. KIND OF A REPORT. THE LAST FOUR MONTHS OF WHAT WE'VE KIND OF BEEN SERVICING AND DOING. I DON'T KNOW IF YOU WANT ME TO READ THROUGH IT, OR IF YOU ALL WANT TO READ THROUGH IT REAL QUICK OR. YEAH, QUESTIONS. SO THIS IS THE NATURE OF THE TATTOOS. IT LOOKS LIKE THIS. THIS REPORT IS IN BASE. OUR. TATTOO MEDICAL STUDIO IN PLANO.

WE TAKE THE DATA FOR THE LAST FOUR MONTHS. IN TOTAL 103. CUSTOMER CLIENTS. AND. YEAH. AND WE FIGURE OUT WE'RE SEPARATE IN DIFFERENT SERVICES. AND WITH OUR, YOU KNOW, ALL THE INFORMATION THAT WE COLLECT FROM OUR, I WANT TO SAY, PATIENTS, BUT FROM OUR CLIENTS. SO AS YOU CAN SEE HERE, IT'S. THE NIPPLE THE. 3D HAIR STROKE, LIPS, EYEBROWS AND THE REGULAR TATTOOS. THE DECORATIVE TATTOOS IS NOT JUST THAT WOULD BE LIKE WHEN THEY'RE GOING TO COVER STRETCH MARKS OR ANY SCARRING ON THE BODY. THAT'S MORE SO WITH THE DECORATIVE TATTOOS MEAN CORRECT BETWEEN THE DECORATIVE TATTOO AND REGULAR TATTOO, WE HAVE A 32% SINCE OUR LAST PRESENTATION WE'RE TALKING ABOUT, OR WE SPECULATE ABOUT THE 25, 75, 75, I THINK I SAID, BUT I WAS A LITTLE OFF. YEAH, WE HAVE THE REAL DATA HERE. YEAH. AND SCROLL. YEAH. IT'S WE HAVE A MORE FEMALE THAN MALE THAN MALE. YEAH. THIS IS ANOTHER IMPORTANT THING IS THE OUR THE SERVICE HOURS. IT'S BETWEEN EIGHT AND NINE. IT'S ONLY THE AM5PM 5 P.M. FOR APPOINTMENTS. SO YEAH HERE'S THE 68% OF TOTAL DEMAND OF THE MEDICAL TATTOO SERVICES. LIKE WE SAID ON OUR LAST MEETING, THAT'S WHAT WE FOCUS ON MAKING OUR CLIENTS FEEL COMFORTABLE IN THEIR BODY AGAIN. WHETHER IT'S DUE TO SCARRING OR. YOU KNOW, SOMEBODY'S BEEN IN AN ACCIDENT AND THEY JUST THEY WANT TO SOMETIMES THEY EVEN WANT TO CORRECT THEIR OLD TATTOOING. SO HERE'S ANOTHER IMPORTANT PART THAT I THINK. SO ARTISTIC TATTOO SERVICES FOR THE IMMORTAL PORTRAIT THAT IS, THAT'S ALSO LIKE IN THE REGULAR TATTOOING. BUT THAT IS MORE SO. WHAT HE ALSO FOCUSES ON IS. SO PORTRAITS, LIVE PORTRAITS. LIKE A PICTU. DO WE HAVE ONE? BUT. WE HAVE ALSO, I DON'T THINK I DON'T THINK WE HAVE ONE. SO YEAH. SO WE DO HAVE A LOT OF CUSTOMERS THAT COME AND REQUEST THAT. YOU KNOW, WHEN SOMEBODY HAS PASSED AWAY OR EVEN OUR PETS, WE GO AND GET THAT TATTOO.

SO YEAH, AND THAT'S OUR CONCLUSION. YEAH. THIS IS THE CONCLUSION. LIKE WE SAID, MEDICAL TATTOO SERVICES ACCOUNT FOR 68% AND 32% OF OUR CLIENTS ARE ARTISTIC SERVICES. WE ARE

[00:20:02]

OPEN FROM 8 TO 5 MONDAY THROUGH FRIDAY. ALRIGHTY. ARE THERE ANY QUESTIONS OF THE APPLICANT? I SEE NONE, THANK YOU VERY, VERY MUCH. MAY END UP CALLING YOU BACK UP. LET ME ASK IF THERE'S ANYBODY ELSE IN THE AUDIENCE WHO WISHES TO SPEAK IN THIS CASE, ANYBODY BEHIND THE COLUMN? NOPE.

OKAY. THANK YOU VERY MUCH. THANK YOU, THANK YOU. ALRIGHTY. IT'S UP TO US, COMMISSIONERS.

COMMISSIONER JENKINS. THANK YOU, MR. CHAIR. I HAVE A QUESTION FOR STAFF, IF YOU COULD. WHEN WE WERE DISCUSSING THIS ITEM LAST WEEK, THERE WAS A CONVERSATION ABOUT THE PROPOSED USE. I BELIEVE THE QUESTION WAS POSED BY COMMISSIONER HARRIS ABOUT THE DESIGNATED DEFINITION FOR THIS PARTICULAR USE AND HOW IT COULD. I DIDN'T HEAR ANY UPDATE ON THAT IN THE BRIEFING. CAN YOU CATCH US UP? YES, SIR. SO THANK YOU. SO WE DID END UP CHECKING BACK WITH THE BUILDING INSPECTIONS DEPARTMENT. AND WE BASICALLY DETERMINED LIKE SINCE THEY'RE GOING TO BE, YOU KNOW, IN ADDITION TO THEIR MORE MEDICAL PERSONAL SERVICES USE FOR COVERING UP SCARS OR ETC, THERE WAS ESSENTIALLY NO WAY TO TRACK ANY OF THE NON MEDICAL OR MORE PERSONAL SERVICE TATTOOS. SO JUST IF SOMEBODY WANTED A MORE RECREATIONAL TATTOO JUST FOR PERSONAL INTEREST, THERE WAS NO WAY FOR US TO TRACK IT. SO IF SINCE THEY DO WANT TO IN ADDITION DO THESE STANDARD, YOU KNOW, TATTOO BODY PIERCING ESTABLISHMENT, THEY WOULD HAVE TO GET THE SUP. THANK YOU GUYS.

SO I'M SEEING NOW IS AGAIN FOR YOU KNOW THE DISCUSSION ON ACCESSORY USES AND BUILDINGS. IT LOOKS LIKE IT SPEAKS SPECIFICALLY TO BUILDINGS AND NOT USES. AND I KNOW THAT SOME OTHER CITIES HAVE LENIENCY IS NOT THE WORD HAVE BUILT IN, YOU KNOW, CUSHION FOR THAT SORT OF THING. BUT IT LOOKS LIKE IT'S NOT THE CASE HERE. AND THANK YOU FOR CATCHING US UP TO SPEED. I JUST I WASN'T QUITE SURE. YES, SIR. YOU ARE CORRECT. IT'S CURRENTLY NOT THE CASE. BUT IF THEY DID DO 100% FOR PERSONAL SERVICES, THEN THAT COULD BE DONE. THANK YOU, COMMISSIONER ROSE, IF I UNDERSTAND YOU CORRECTLY, STAFF WILL MOST LIKELY. IF THESE PEOPLE WERE IN IT, MOST LIKELY WOULD NEVER GO THERE TO MAKE SURE THEY'RE DOING MORE MEDICAL THAN REGULAR TATTOOS. SO THAT WOULD BE THE JOB OF CODE ENFORCEMENT IF THAT WERE THE CASE. BUT BUILDING INSPECTIONS, AFTER TALKING WITH THEM AND CODE ENFORCEMENT, THEY ESSENTIALLY FIGURED OUT THAT THERE'S JUST NO WAY TO ACTUALLY KNOW WHAT PERCENTAGES ARE BEING DONE, YOU KNOW, AND IF ANY OF THIS KIND OF REGULAR TATTOOING IS, IS BEING DONE. ANY OTHER QUESTIONS OF STAFF? THANK YOU.

ALL RIGHT. CONVERSATION, COMMISSIONER JENKINS, JUST A FOLLOW UP QUESTION. WHAT STOPS THE APPLICANT? WHAT'S THE CONVERSE OF THAT? WHAT STOPS THE APPLICANT FROM SEEKING THE PERSONAL USE DESIGNATION. AND THEN WE FOLLOW INTO THE OTHER GRAY AREA THAT WE'RE DISCUSSING.

WHAT'S STOPPING THEM IS JUST DOING A STANDARD TATTOO, YOU KNOW, AND BODY PIERCING ESTABLISHMENT. SO YEAH, THIS, THIS PART OF THE BUSINESS. SO THEORETICALLY, IF THEY DID GO TO, YOU KNOW, A COMMUNITY RETAIL AREA LIKE THIS, AND THEY WANTED TO DO JUST THE MEDICAL THAT IS PERSONAL SERVICES, RIGHT? THEN THEY COULD JUST GO GET A KO FOR IT. BUT SINCE THEY DO WANT TO DO THIS ADDITIONAL JUST STANDARD RECREATIONAL, I'D CALL IT TATTOOING. THAT'S WHAT'S KEEPING THIS SOUP HERE BECAUSE THERE'S NO WAY TO TRACK, YOU KNOW, IF IT WOULD BE LIKE AN ACCESSORY USE TO THE MEDICAL. IT'S AN ADMINISTRATIVE ISSUE. GOTCHA. YES, SIR. THANK YOU. ANY OTHER COMMENTS? IT ALSO SEEMS TO ME THAT THE CATEGORIES, EVEN AS THEY PRESENT, ARE KIND OF SUBJECTIVE AS TO WHETHER THEY'RE RECREATIONAL OR MEDICAL. IS MEDICAL HAVE TO HAVE A PRESCRIPTION TO GET ONE, I DON'T KNOW. SO THERE THERE'S DEFINITIONS AND THERE'S THINGS IN HERE THAT I DON'T HAVE ANSWERS FOR. AND LIKE STAFF SAID, IT'S STILL THE COMP PLAN AND THE LOCALITIES NEARBY THAT CONCERN ME. COMMISSIONER ABEL, THEN COMMISSIONER PERRY'S. I'M GOING TO DEVIL'S ADVOCATE HERE FOR A SECOND. YEAH. WHENEVER, WHENEVER I LOOK AT THIS, I'M LOOKING AT THEIR HOURS OF OPERATION. THAT'S 8 TO 5 MONDAY THROUGH FRIDAY. SO WHENEVER I THINK OF A TATTOO PARLOR, I THINK DEEP ELLUM, WHAT WE HAVE ON BROADWAY THAT'S OPEN FROM,

[00:25:01]

YOU KNOW, MORE 5:00 IN THE AFTERNOON TO 2:00 IN THE MORNING. SO, YOU KNOW, I, I CAN GO BOTH WAYS HERE. IT COULD BE A CONDITION ADDED TO THE P P P, BUT I YOU KNOW, I'M HEARING THIS AND PART OF ME IS GOING, OKAY, YOU KNOW, IT'S NOT YOUR NORMAL. THIS IS NOT GOING TO WE'RE LOOKING AT DAYCARES, YOU KNOW, THINGS NEXT DOOR THAT'S NOT GOING TO AFFECT THE RESIDENTS BECAUSE IT'S 8 TO 5. SO YOU KNOW I CAN I SEE BOTH SIDES OF THIS. THANK YOU. GOOD POINT.

COMMISSIONER PERRY'S. OH. ONE MORE QUESTION. JUST ANOTHER CLARIFICATION IS. PARDON ME. I WAS THINKING ABOUT THE CONDITION THAT YOU JUST MENTIONED. SO THAT'S WHY I WAS PAUSING. AS FAR AS THE USE OF LAND, I KNOW THE STAFF HAS DENIED IT, BUT ACCORDING TO THE GDC AND I WAS TRYING TO LOOK BACK IN THE MINUTES WHEN I HAD QUOTED THE GDC STANDARDS FOR THE PERSONAL USE. BUT AS IT RELATES TO THE USE OF LAND IS STAFF'S DENIAL DUE TO THE USE OF LAND. IS THAT YOUR DENIAL? I JUST WANT TO MAKE SURE I'M CLEAR, BECAUSE TO ME, THE USE OF LAND THAT THEY THEY'RE FALLING WITHIN IT. BUT I JUST WANT TO MAKE SURE I UNDERSTAND THAT. YES. WELL, STAFF'S DENIAL IS THAT WE DON'T CONSIDER IT TO BE COMPATIBLE WITH THE FUTURE LAND USE MAP.

AND. WELL, SO IT WAS MULTIPLE REASONS. IT WAS FOR THE FUTURE LAND USE MAP, THE PROXIMITY TO RESIDENTIAL, THE DAYCARE AND AS WELL AS WE AFTER CHECKING WITH CODENFORCEMENT AND BUILDING INSPECTIONS DEPARTMENT, WE DISCOVERED AND AFTER WORKING WITH THEM, THERE WAS JUST NO WAY TO TRACK KIND OF MORE MEDICAL VERSUS TRADITIONAL TATTOOING. SO IT WAS ALL THREE OF THOSE REASONS. THANK YOU FOR THE CLARIFICATION. THANK YOU, COMMISSIONER DALTON. AND USING THE SAME THINKING THAT CODE AND BUILDING INSPECTION WOULD NOT BE ABLE TO CONTROL WHAT THEY'RE DOING, WOULDN'T WE HAVE THE EXACT SAME PROBLEM IF WE GAVE THEM AN OPENING TIME AND A CLOSING TIME? IF THEY CLOSE AT 5:00, CODE ENFORCEMENT ARE GOING TO COME BY AT 530 AND SEE IF THEY'RE STILL OPEN. I MEAN THAT THAT IS SOMETHING THEY CAN DO. THEY THEY WOULD BE ABLE TO SEE IF THERE ARE OPEN PAST HOURS AS COMPARED TO TRACKING THE PERCENTAGE OF WHAT TYPES OF TATTOOS HAVE BEEN GIVEN. YEAH. MY QUESTION REALLY HAD TO DO WITH DO THEY IN FACT WORK IN EXTENDED HOURS LIKE THAT, CHECKING ON ISSUES THAT HAVE TO DO WITH OPENING AND CLOSING TIMES? OKAY. THANK YOU. DID YOU WANT TO ADD A LOT OF THE TIMES THOSE ARE COMPLAINT BASED. SO IF WE HEAR THAT, HEY, THERE HAS BEEN AN ISSUE, THAT'S WHEN CODE ENFORCEMENT WILL GO AND CHECK IT OUT. BUT YOU'RE RIGHT. THEY'RE NOT GOING TO EVERY DAY. AN OFFICER IS NOT GOING TO GO THERE AND CHECK WHETHER OR NOT THEY'RE CLOSING AT FIVE. I WOULD HAVE A FEELING THE NEIGHBORS ACROSS THE STREET WHO VOICED OPPOSITION MIGHT BE OUR CODE ENFORCEMENT EYES. AND THEN THEY CALL IN COMMISSIONER ABEL. I WAS I WAS JUST FIXING TO SAY THAT THE ONLY ISSUE I COULD SEE WITH THAT PROVISION WOULD BE PEOPLE THAT ARE OBVIOUSLY IN OPPOSITION. IF SOMETHING RUNS LATE BECAUSE SOMEBODY'S RUNNING LATE OR SOMETHING GOES LONGER, BECAUSE SOMEBODY HAS ANXIETY, BUT THEY CHOOSE TO GO THROUGH WITH IT IF THEY'RE STILL THERE IN THE CHAIR AT 530, WE COULD HAVE 25 PEOPLE CALLING SAYING, HEY, WHAT'S GOING ON? BUT I THAT WAS MY THOUGHT. ALL RIGHT. I SEE NO OTHER CUES. MOTION. MORE DISCUSSION. COMMISSIONER ROSE I WOULD I WOULD MOVE THAT WE DENY THE APPLICANT'S REQUEST. WAITING FOR A SECOND. SECOND MOTION BY COMMISSIONER ROSE. SECOND BY COMMISSIONER DUCKWORTH TO DENY THE APPLICATION. ANY DISCUSSION. ALL RIGHT. OKAY, WE'RE READY TO GO. VOTE. YES. YES. GO AHEAD AND PERISH. YOUR VOTE HASN'T TAKEN YET. THERE WE GO. YEAH. THE MOTION FAILS 6 TO 0 WITH COMMISSIONERS ROBERTS, ROSE AND DUCKWORTH. AND OPPOSITE. WELL, ACTUALLY, IT FAILS WITH THE ONLY AFFIRMATIVE VOTES FROM COMMISSIONER ROBERTS, ROSE AND

[00:30:04]

DUCKWORTH. SO DO THE INVERT. AND YOU GOT THE NEGATIVE VOTES. ALL RIGHTY. DO I HEAR ANOTHER MOTION? WE LIKE TO THROW MYSELF OUT. OKAY, COMMISSIONER ABEL, YOUR MIC IS LIVE. I WOULD MOTION THAT WE APPROVE WITH AN SUP TIME PERIOD OF FIVE YEARS. AND ARE YOU ALSO GOING TO ADD THE HOURS OF OPERATION? THE HOURS OF OPERATION? CAN WE DO 8 TO 6 TO GIVE THEM TIME TO FINISH UP WELL, OROR DO WE NEED TO DO 8 T5 OR IS IT YOU CAN RECOMMEND. YEAH I WOULD, I WOULD DO 8 TO 6 TO GIVE THEM A BUFFER. WELL I WOULD THINK JUST SHOWING THE DOOR IS LOCKED AND CLOSED EVEN AT 5:00.

OKAY. SO 8 TO 5. SORRY. DID YOU GET THAT. WELL, WE HAVE A MOTION. COMMISSIONER JENKINS.

ARE YOU SECONDING THE MOTION OR DISCUSSION I. DISCUSSION? OKAY. I HAVE A MOTION FROM COMMISSIONER ABEL. DO I HAVE A SECOND? SECOND AND A SECOND BY COMMISSIONER CORNELIUS. THE MOTION IS TO APPROVE IT. APPROVE THE APPLICATION FOR A TIME PERIOD OF FIVE, FIVE YEARS WITH AN 8 TO 5 MONDAY THROUGH FRIDAY TIME FRAME OF OPERATION. AND, COMMISSIONER JENKINS, YOUR MIC IS SLL LIVE. THANK YOU. JUST A QUICK QUESTION, NOT ONLY FOR STAFF BUT FOR THE COMMISSION.

YOU KNOW, AT SOME SOME POINT IN TIME. AND THIS IS A NOD OF THE CAP, AS IT WERE, TO THE CITY ATTORNEY'S OFFICE FOR PROVIDING US A WONDERFUL, HUGE BOOK HERE ABOUT WHAT WE CAN AND CANNOT DO.

THERE WAS A LIST OF CONDITIONS, YOU KNOW, WE CAN LIMIT THE LIMITATIONS ON IMPERVIOUS SURFACES, YADA, YADA, YADA. WE CAN ALSO REQUEST ADDITIONAL SCREENING REQUIREMENTS. I KNOW THE FRONT OF THIS COMMERCIAL ENTITY IS ALL GLASS IS ARE THERE. SO THIS IS REALLY JUST A QUESTION FOR STAFF. ARE THERE ADDITIONAL SCREENING REQUIREMENTS THAT WE CAN RECOMMEND AS IT RELATES TO THE GLASS ON THE PROPERTY? YOU MEAN THE FACADE OR ARE YOU TALKING ABOUT THE EXTERIOR ELEVATION OF THE SUITE? AND I WOULDN'T BE THE IS IT THE ELEVATION PER SE? IT'S NOT REALLY THE ELEVATION. IT'S JUST THE SCREENING OF THE PERIMETER SCREENING FOR THE PROPERTY. NO, JUST THE GLASS. YOU'RE TALKING ABOUT BEING ABLE TO SEE INSIDE. OKAY. RIGHT? YES.

RIGHT. OH, I PULLED UP THE IMAGE OF THE SUITE. THAT WOULD BE KERTS. WE WOULD NOT MIND SEEING THAT CONDITION, BUT. I YOU COULD PUT A I ASSUME YOU'RE TALKING ABOUT SOME SORT OF SCREENING.

NOT AGAIN. PERIMETER SCREENING. WE'RE TALKING ABOUT WINDOWS BEING OPAQUE OR. YOU COULD YOU COULD PUT THAT CONDITION IN THE, IN THE SUPP THAT IT THAT IT BE EITHER SCREENED OR WHATEVER YOU THINK IS APPROPRIATE IN THAT CIRCUMSTANCE. AND BEING AN ARCHITECT, I WOUOULD HAVE EVERYBODY THINK ABOUT MAYBE THE DOOR ITSELF COULD BE SEEN THROUGH THEIR SECURITY AND SEEING WHO'S AT THE DOOR. ET CETERA. ET CETERA. YES. OKAY. COMMISSIONER DALTON. I WOULD THINK ALSO IN THE SCREENING CONVERSATION, A LOT SOME OF THOSE PATIENTS NOT MIGHT NOT BE REAL HAPPY ABOUT NOT BEING NOT HAVING SCREENING. THEY WOULD WANT SOME KIND OF PRIVACY WHERE THEY ARE LOCATED. MAYBE IT'S JUST A WALL BEHIND THE ENTRY LOBBY OR SOMETHING OF THAT NATURE. BUT I DID WANT TO ADD CAN WE REQUEST THAT THEY NOT PUT SIGNAGE UP INDICATING THEY ARE A TATTOO PIERCING PARLOR? ACCORDING TO THE. CORRECT ME IF I'M WRONG, SIR. ACCORDING TO THE SUPREME COURT, WE CAN CONTROL THE AMOUNT OF SIGNING, BUT IF YOU HAVE TO READ A SIGN, YOU CANNOT CONTROL IT. OKAY. THANK YOU. SEE, I LEARNED FROM ATTORNEY ENGLAND. YOU HAVE TO READ IT. YOU CAN'T REGULATE IT. THIS IS. WE GOT ANOTHER ATTORNEY WISHES TO COMMISSIONER JENKINS AND THEN COMMISSIONER ABEL. TONGUE IN CHEEK. THANK YOU, MR. CHAIR. THIS THIS THEN GOES TO THE MAKER OF THE MOTION. THERE'S A MOTION ON THE FLOOR. WOULD YOU BE WILLING TO MAKE AN AMENDMENT TO THE MOTION THAT INCLUDES ADDITIONAL SCREENING REQUIREMENTS IN ADDITION TO THE HOURS OF OPERATION? AMICABLE? OKAY. GO AHEAD. AND YOU WOULD LIKE THAT AS A FRIENDLY AMENDMENT TO THE MOTION. AND IF IT'S FRIENDLY WITH THE FIRST AND SECOND, I DON'T ASK FOR A VOTE.

YES. OKAY. HOW ABOUT THE SECOND? OKAY. WE NOW HAVE A SELF AMENDED MOTION TO APPROVE THE

[00:35:08]

APPLICATION FOR A FIVE YEYEAR PERIOD FOR 8 TO 5 MONDAY THROUGH FRIDAY OPERATION WITH SCREENING PROVIDED TO WHERE PATIENTS CANNOT BE VIEWED, WHETHER THAT'S AT THE WINDOW OR AN INTERIOR WALL. AND I THINK STAFF GETS THE GIST OF WHAT WE'RE TALKING ABOUT. YES, WE UNDERSTAND THE INTENT OF IT. WE'LL PUT PUT IT IN THE ORDINANCE AND HAVE CITY ATTORNEY'S OFFICE REVIEW IT. AND IT MAY BE IT MAY BE A MATTER OF THAT THE WORK AREA OR NOT NECESSARILY. YEAH. PATIENTS OR CLIENTS CAN'T BE SEEN. IT'LL BE CLEANING THE WORK AREA. YEAH. WE'LL BE CLEANED UP BY THE TIME WE UNDERSTAND WHAT YOU'RE GOING THERE FOR HERE. SO EVERYBODY UNDERSTAND THE MOTION.

COMMISSIONER JENKINS, YOU'RE STILL IN THE QUEUE. NOPE. OKAY. ANYBODY COMMENTS? SO I DON'T HAVE TO STATE THE MOTION AGAIN, SEEING AS THERE'S NO DISCUSSION. PLEASE VOTE. NO. PEOPLE. THAT

[b. Consideration of the application of Development Engineering Consultants, LLC., requesting approval of 1) an Amendment to Planned Development (PD) District 00-39 for a Landscape Nursery (retail) Use and 2) a Concept Plan for a Landscape Nursery (retail) Use. The site is located at 4400 North President George Bush Highway. (District 3) (File Z 24-41)]

PASSES EIGHT ONE WITH COMMISSIONER ROSE IN OPPOSITION. ALL RIGHT. ON TO OUR NEXT ITEM, WHICH IS ZONING CASE THREE B CONSIDERATION THE APPLICATION OF DEVELOPMENT ENGINEERING CONSULTANTS LLC, REQUESTING APPROVAL OF ONE AMENDMENT TO PLAN DEVELOPMENT DISTRICT ZERO ZERO DASH 39 FOR LANDSCAPE NURSERY RETAIL USE AND A CONCEPT PLAN FOR LANDSCAPE NURSERY RETAIL USE. THE SITE IS LOCATED 4400 NORTH PRESIDENT GEORGE BUSH HIGHWAY. IS THE APPLICANT HERE? CARE TO AND IF YOU'LL STATE YOUR NAME AND ADDRESS IN THE MICROPHONE, PLEASE. GOOD EVENING COMMISSIONERS. MY NAME IS DANIEL STEWART. I'M WITH DEVELOPMENT ENGINEERING CONSULTANTS, THE CIVIL ENGINEER FOR THIS PROJECT ADDRESSES 5300 TOWN AND COUNTRY BOULEVARD, FRISCO, TEXAS. WE'VE WORKED WITH STAFF ON OUR CONCEPT PLAN, APPRECIATE ALL THEIR WORK AND DID DID A GREAT JOB PRESENTING WHAT WHAT WE HAVE PROPOSED HERE. BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. I KNOW THAT A COUPLE OF COUPLE OF THINGS THAT BROUGHT UP IN THE ENTRY OR THE INTRO TO THIS THAT I'LL ADDRESS TO ANSWER YOUR QUESTION IS A CONCEPT PLAN, AND STAFF WANTED US TO BE VERY NONSPECIFIC, BUT THAT BUILDING THAT YOU SEE THERE IS ABOUT 16, 1700 SQUARE FEET. AND THEN THE INTENT OF THIS DEVELOPMENT WILL BE TO PROVIDE THE REQUIRED PARKING FOR THE BUILDING, THE BUILDING ITSELF, AND THEN EVERYTHING ELSE WOULD BE DISPLAY AREA. SO THAT'S PLANTING. PLANTS AND THE ASSOCIATED THINGS THAT GO ALONG WITH THAT, YOU KNOW, PLANTERS AND BOXES AND THAT KIND OF THING. BUT BUT THE BULK OF THE LOT WILL BE FOR DISPLAY AREA OF THEIR, OF THEIR MERCHANDISE.

SO AGAIN, I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE TONIGHT. ALL RIGHT. COMMISSIONER PARIS, GOOD EVENING. HI. HI. JUST ONE QUESTION FOR YOU. GIVEN THAT YOU UNDERSTAND THE STAFF'S POSITION ON DENIAL FOR THE LAND USE AS IT RELATES TO THE COMPREHENSIVE, THERE WAS THREE, THREE REASONS WHY. AND YOU HEARD ONE OF THEM BEING ABOUT AROUND THE USE OF THE LAND AND IT FITTING WITH THE COMPREHENSIVE PLAN. WERE THERE ANY OTHER JUST TO CLARIFY, COMMISSIONER PARISH STAFF HAS NOT RECOMMENDED DENIAL ON THIS. THIS IS THE ONE WHERE STAFF WAS LOOKING FOR DIRECTION FROM COMMISSIONERS ON WHETHER OR NOT THIS IS THE MOST APPROPRIATE LAND USE. I'M GLAD YOU INTERRUPT. YES, ANALYSIS IS WHAT IT WAS. YES. TO RECOMMEND ANALYSIS AND GIVE FEEDBACK FROM PLANNING COMMISSION. SO THANK YOU. I APPRECIATE THE CORRECTION ON THE USE OF THE LAND. AND THERE ARE OTHER USES OF COMMUNITY FOR SO FOR LANDSCAPE NURSERY IS COMMUNITY RETAIL. AND THEN THIS LC AND HC I FORGOT WHAT THIS WAS. ARE THERE ANY OTHER OPTIONS THAT YOU CONSIDERED FOR THE USE OF THIS SPACE IN THIS, THIS LAND OUTSIDE OF JUST LANDSCAPE NURSERY? SO WE ARE WORKING WITH A LANDSCAPE NURSERY COMPANY WHO'S LOOKING AT TRYING TO COME IN AND DEVELOP.

SO WE ARE WORKING WITH THEM TO IMPLEMENT THEIR SITE AND THEIR BUSINESS ON THIS LOT. SO NO, WE HAVEN'T LOOKED AT OTHER POTENTIAL USES. WE'RE WE'RE TRYING TO FIND THE BEST PLACE FOR THEM. I CAN TELL YOU THAT A COUPLE OF THOUGHTS HAVE GONE INTO THIS. THE LAYOUT THAT WE HAVE PRESENTED TO YOU TONIGHT, WHICH IS THAT BUILDING, PARKING, CUSTOMER LOADING, ALL THAT STUFF IS GEARED TOWARDS THE FRONTAGE ROAD SIDE AND NOT THE RESIDENTIAL SIDE. SO OUR MAIN GOAL IN THIS LAYOUT WOULD BE THAT THE RESIDENTS SEE ALL OF THOSE PLANS, THAT THEY'RE NOT GOING TO SEE THE TRAFFIC IN THE PARKING AREAS AND THAT KIND OF THING THAT WE'VE TRIED TO BUFFER

[00:40:05]

THAT FROM THAT STANDPOINT. JUST FROM WHAT I HAVE SEEN IS AS A CIVIL ENGINEER IN THE LAND DEVELOPMENT WORLD, THIS IS ACTUALLY A REALLY GREAT LOCATION BECAUSE IT PROVIDES A GREAT LIVING BUFFER, IF YOU WILL, BETWEEN THAT RESIDENTIAL AREA AND THE HIGHWAY. NOT NOT A WHOLE LOT OF PLACES GET THAT OPPORTUNITY TO LOOK OUT AND SEE TREES. ALL, YOU KNOW, FOR BASICALLY FOUR AND A HALF ACRES OF TREES. SO FROM THAT STANDPOINT, I THINK IT'S A VERY GOOD BENEFIT TO THAT. AND THEN THERE'S ALSO GOING TO BE A CONNECTION THERE FROM RIVER OAKS TO 190. AND WHILE WE WANT TO HOPE THAT THAT'S NOT OVERUSED, IT DOES PROVIDE AN ALTERNATE LOCATION FOR SOME RESIDENTS TO AVOID GETTING ONTO BRAND AND GOING THROUGH THE INTERSECTION.

SO IT'LL HELP A LITTLE BIT WITH SOME CONGESTION. I THINK AT THAT INTERSECTION THAT'LL BE COMING IN WITH THIS PROJECT. SO I THINK THAT'S ALSO A GOOD THING. AND LASTLY, YOU KNOW, WE'VE WORKED WITH THE PROPERTY OWNER OF THAT ENTIRE TRACT AND HOW THEY'VE TRIED TO SEPARATE LOTS ON THIS THING. I THINK WE FIT IN REALLY WELL WITH THEIR PLAN TO DEVELOP THEIR OVERALL TRACT. AND I KNOW THAT ONE OF THE QUESTIONS BY STAFF WAS ABOUT A DESTINATION. I MEAN, I THINK ONE OF THE ISSUES THAT YOU'RE GOING TO FIND WITH THIS PIECE OF PROPERTY IS YOU HAVE A DESTINATION OF FIREWHEEL TOWN CENTER. THAT'S A TRUE DESTINATION AREA. AND THEN ON THE WEST SIDE YOU HAVE THE BIG TARGET WALMART SHOPPING CENTER. WHAT YOU HAVE IN THE MIDDLE CAN'T REALLY BE A TRUE DESTINATION AREA, BECAUSE YOU'VE SURROUNDED YOURSELF WITH TWO LARGER DESTINATION AREAS. AND SO YOU'RE GOING TO HAVE SOME OF THIS INTERMEDIATE AREA THAT PROVIDES SOME, SOME OPPORTUNITIES FOR SOLID GOOD BUSINESSES TO COME IN AND, AND FILL THOSE WITH RETAIL USES. I MEAN, THIS IS A RETAIL USE. THE, THE NURSERY PART OF IT IS WHAT WE'RE TALKING ABOUT RIGHT NOW.

AND THAT'S SPECIFICALLY BEING A NURSERY AS OPPOSED TO JUST A GENERAL RETAIL. SO I DO THINK THAT LIKE STAFF MENTIONED THAT IT DOES IT DOES FIT WITHIN THAT INTENT OF THE COMPREHENSIVE PLAN AND WHAT THIS AREA WAS SUPPOSED TO BE WITH COMPLEMENTING THAT RETAIL USE ALONG THE CORRIDOR.

THANK YOU FOR THE FEEDBACK. YOU'RE WELCOME. THANK YOU, COMMISSIONER DALTON. AND BEFORE I GO ON, I NOTICED THE APPLICANT FROM LAST CASE IS STILL HERE. YOU CAN GO ANYTIME YOU WANT.

OKAY. YOU'RE NOT GOING TO OFFEND US OR ANYTHING. COMMISSIONER DALTON. THANK YOU. YOU ANSWERED ONE OF MY QUESTIONS. SO THIS PROPERTY IS APPROXIMATELY 200,000FT■S. YOU SAID FOUR AND A HALF ACRES. IT'S A FIVE ACRE LOT. OKAY, I SAID FOUR AND A HALF ACRES JUST BECAUSE WE HAVE SOME PARKING AND THEN THE BUILDING ITSELF. AND SO THAT'S WHY I JUST KIND OF ROUNDED DOWN TO ABOUT FOUR AND A HALF RIGHT AROUND 200,000FT■S. WHAT IS, DO YOU KNOW OFFHAND WHAT A TYPICAL CALLOWAY'S OR ANY OF THE OTHER STANDALONE NURSERIES? TOTAL FOOTPRINT IS? I DON'T I MEAN, THERE'S OBVIOUSLY A RANGE IN THERE ACROSS THE BOARD. SO I YOU KNOW, I'VE DONE LANDSCAPE NURSERIES BEFORE. THE LAST ONE THAT I DID I THINK WAS ABOUT THREE ACRES, THREE AND A HALF ACRES OR S BUT AGAIN, THAT I'VE, I'VE SEEN ALL SORTS OF DIFFERENT LAYOUTS AND OPPORTUNITIES FOR, FOR NURSERIES SPECIFICALLY TO FIT A TRACT. OKAY. THANK YOU. THANK YOU, COMMISSIONER JENKINS. AND THEN COMMISSIONER ABEL. THANK YOU, MR. CHAIR. CAN AND MAYBE STAFF CAN HELP YOU WITH THIS, BUT CAN WE SEE THE CONCEPT PLAN ONE MORE TIME? SURE. Y'ALL CAN HELP ME.

AND WHILE THEY'RE PULLING THAT UP, CAN YOU HELP ME UNDERSTAND? AND YOU PROBABLY MAY. YOU MAY NOT HAVE THE ANSWER TO THESE QUESTIONS. THE GENERAL, YOU KNOW, IDEA OF HOW THE BUSINESS IS GOING TO BE RUN, WHAT ITS HOURS OF OPERATION WOULD BE LIKE. I'M TRYING TO GET AN UNDERSTANDING OF THE IMPACT THAT IT'S GOING TO HAVE ON THE SURROUNDING RESIDENTIAL COMMUNITIES. SURE, I CAN ANSWER ONE OF THOSE GENERALLY, AND ONE OF THEM NOT SO WELL. SO THE HOURS OF OPERATION, I KNOW THAT THEY'RE GOING TO RUN A TYPICAL BUSINESS HOURS. I'M NOT 100% SURE IF THAT'S 8 TO 5 OR 9 TO 6 OR 9 TO 7, I'M NOT 100% SURE ON THE EXACT HOURS, BUT THEY DON'T DO ANY LATE NIGHT, EARLY MORNING, ANY OF THAT. IT'S GOING TO BE A STANDARD BUSINESS HOUR DAY FOR THEM, AND I DON'T KNOW IF THEY HAVE MODIFIED SATURDAY SUNDAY HOURS, BUT THAT'S SOMETHING THAT WE COULD CLARIFY FOR YOU. BUT I DON'T KNOW IT OFF THE TOP OF MY HEAD. AND THEN THE OTHER QUESTION, I THINK, WAS JUST IN HOW THEIR OPERATIONS WORK. IS THAT KIND OF WHAT YOU'RE THERE ARE THERE ARE, YOU KNOW, A LOT OF PEOPLE THAT MIGHT BE INTERESTED IN GARDENING AND

[00:45:02]

NURSERY AND NURSERIES AND THAT SORT OF THING. TYPICALLY, NURSERIES SELL BULK ITEMS LIKE COMPOST, AND COMPOST HAS A PARTICULARLY STRONG OR CAN HAVE A PARTICULARLY STRONG ODOR TO IT. AND SO IF YOU'VE POSITIONED THOSE COMPOST PILES BACK TOWARDS RIVER OAKS, THERE ARE SOME NICE IT LOOKS, YOU KNOW, LOTS IN THAT AREA WITH POOLS. I'D HATE TO BE, YOU KNOW, SIGNING UP FOR SOMETHING WHERE WE'RE PUTTING A COMPOST HEAP. RIGHT. YOU KNOW, NEAR SOMEBODY'S POOL. SO YEAH.

AND SO AND AGAIN, WITH WHAT WE PRESENTED HERE ON THE CONCEPT PLAN IS IT'S, IT'S TRULY A CONCEPT PLAN. SO WE, WE ACTUALLY WITHHELD SOME OF THE MORE DETAILED INFORMATION OF HOW THIS LAYS OUT TO, IN ORDER NOT TO LIE TO YOU, I CAN'T TELL YOU EXACTLY IF THEY'RE GOING TO HAVE A BULK MATERIAL STORAGE ANYWHERE ON THE SITE. BUT I CAN TELL YOU THAT WITH THE LAYOUT THAT WE HAVE WORKED ON WITH THEM, THEY HAVE WHAT I'LL CALL A AISLE THROUGH THEIR SITE WHERE, YOU KNOW, OBVIOUSLY YOU CAN WALK THE ENTIRE AREA, DISPLAY AREA, BUT THEY HAVE KIND OF SOME MAIN WALKWAYS. THOSE WALKWAYS ARE THROUGH THE MIDDLE, YOU KNOW, NORTH TO SOUTH. I'LL JUST CALL IT ON THIS PLAN AND AN EAST WEST ABOUT TWO THIRDS OF THE WAY BAC, WITH THE EXCEPTION OF THAT YELLOW AREA, THERE REALLY ISN'T A LOCATION ON HERE THAT THEY DIDN'T INTEND FOR FOOT TRAFFIC TO GO. AND THE YELLOW AREA IS ONLY THERE JUST BECAUSE OF THE DELIVERIES AND GETTING THAT VEHICLE TO BE ABLE TO TURN AROUND. AND SO THERE IS NO PLANNED STORAGE IN THAT YELLOW AREA. THAT'S STRICTLY A TURNAROUND AREA FOR THE TRUCKS TO COME IN AND MAKE THEIR DELIVERIES. SO AGAIN, THAT'S NOT A DIRECT ANSWER TO YOUR QUESTION, BUT I, YOU KNOW, FROM THE FROM WHAT WE'VE SEEN ON THEIR LAYOUT GOING FORWARD, I DON'T SEE A PARTICULAR SUITED AREA FOR JUST MATERIAL STORAGE LIKE YOU'RE TALKING ABOUT, BECAUSE THAT YOU WOULD TYPICALLY WANT TO JUST KEEP YOUR YOUR CUSTOMERS AWAY FROM THAT. THAT'S JUST KIND OF OVER ON THE SIDE AND JUST PULL UP ON THE STRUCTURE. THAT'S NOT WHAT I HAVE SEEN THEM SET THIS THING UP AS. YEAH. THANK YOU. YOU'RE WELCOME. THANK YOU, COMMISSIONER ABEL. MINE IS MORE OF A COMMENT THAN A QUESTION. BUT, YOU KNOW, AS I THINK ABOUT WHAT WE HAVE COMING IN THAT AREA, WE HAVE A DPS CENTER THAT'S GOING TO BE BRINGING PEOPLE IN, LET'S FACE IT,ROBABLY FROM CITIES ALL AROUND. THERE IS NOTHING LIKE THIS IN THE AREA. IT COULD BE A WAY TO CAPTURE SALES TAX REVENUE. AND YOU KNOW, NURSERIES ARE PRETTY I MEAN THEY THEY HAVE THEY TEND TO LAST WHENEVER THEY'RE PUT UP. SO THEY'RE LONG TERM IN MOST CASES. THINKING OF THAT CORNER, THINKING OF EVERYTHING THAT COULD GO THERE. I LIKE THE IDEA, BUT AGAIN, I LIKE GARDENING. THERE'S NOTHING ELSE LIKE THAT ON THAT SIDE OF THE CITY. EVERYTHING ELSE IS IN RICHARDSON, PLANO OR ROWLETT.

SO, YOU KNOW, WE'RE LOOKING FOR THE HIGHEST AND BEST USE. I LIKE IT. WHAT CLARIFICATION. MR. SHELTON'S QUESTION. SO I JUST LOOKED UP IN GOOGLE AND AN AVERAGE CALLAWAY NURSERY IS AROUND 87,000 SQUARE FOOT, WHICH IS TWO ACRES APPROXIMATELY. SO THIS IS OF COURSE BIGGER THAN THAT. AND AGAIN, DO WANT TO KIND OF MENTION ONE THING. I AGREE WITH EVERYTHING THAT YOU'RE SAYING. BUT WE ALSO THE REASON STAFF DIDN'T PROVIDE A RECOMMENDATION ON THIS IS BECAUSE WE LOOK AT THIS PROPERTY. AND AGAIN, GARLAND IS PRETTY CLOSE TO BUILT OUT BEING BUILT OUT. RIGHT. AND THERE ARE VERY FEW GREENFIELD AREAS LEFT. SO WE HAVE TO BE REALLY INTENTIONAL IN WHAT WE ARE. AND AGAIN, THAT'S UP TO THE COMMISSION TO DETERMINE WHETHER OR NOT YOU SEE IT AS THE BEST USE. BUT THIS IS PRIME LOCATION. THIS IS REALLY PRIME LOCATION.

AND ONCE SOMETETHING GOES IN THERE, IT THERE'S NOT NECESSARILY A GOOD WAY OF CHANGING THAT. SO I JUST WANT THE COMMISSION TO KEEP THAT IN MIND THAT, HEY, THIS IS A REALLY PRIME GREENFIELD LOCATION FOR GARLAND. THANK YOU, COMMISSIONER DALTON. THANK YOU, COMMISSIONER ABEL, FOR THE COMMISSION. SAYING THERE'S NO OTHER NURSERIES, NOT 100%. TRUE. THERE'S BOTH A LOWE'S AND A HOME DEPOT JUST A MILE AND A HALF OR TWO MILES AWAY FROM THERE. AND WALMART HAS ALSO A NURSERY, AND THEY'RE MORE IN LINE WITH THE CALLAWAY'S SIZE AS FAR AS GOING INTO ONE OF THOSE AND WALKING AROUND, THAT'S ABOUT THAT SIZE. AND THEY ARE BOTH A LITTLE BIT SEPARATED FROM

[00:50:07]

RESIDENTIAL AREAS SOMEWHAT. SO IF THERE'S ANY OF THE STORAGE OF MATERIAL THAT MIGHT BE OFFENSIVE, AND WE ALL KNOW WHAT WE'RE TALKING ABOUT WHEN IT COMES TO THINGS THAT GO IN YOUR YARD, SOMETIMES IT'S NOT THE IT'S NOT FLOWERS THAT'S GOING IN. THEY'VE GOT IT PRETTY WELL COVERED. I YEAH, I KNOW WE'RE NOT TECHNICALLY IN DISCUSSION YET, BUT I'M KIND OF LEANING AWAY FROM THIS THING A LITTLE BIT DUE TO THE OTHER BUSINESSES THAT ARE SURROUNDING THAT AREA RIGHT THERE. THANK YOU. OKAY, COMMISSIONER ABEL, THEN THEN I MAY INTERJECT BEFORE COMMISSIONER JENKINS. I NEGLECTED TO SAY THE WALMART, LOWE'S. BUT TO ME THAT THAT IS A DIFFERENT ANIMAL. OKAY. YOU'RE TALKING ABOUT HEAVY COMMERCIAL DELIVERY. THE LOWE'S THAT DOES BACK UP TO HOUSES RIGHT THERE. TARGET WILL BACK UP TO HOUSES EVENTUALLY. WHENEVER WE DEVELOP THE MULTI-USE FACILITY. THIS IS CAPTURING GREEN SPACE. BUT IN A WAY IT'S NOT BECAUSE IT'S PUTTING GREEN SPACE FOR SALE. BACK IN GREEN SPACE. YOU KNOW, I KNOW WE HAVE TO LOOK AT THIS AND I LOVE THE DISCUSSION. BUT AGAIN, THEY HAVE AN OPPORTUNITY TO SELL SOMETHING THAT A LOT OF THESE PLACES DON'T OR A WIDER VARIETY. YEAH. AND TO YOUR POINT, I THINK IT'S IMPORTANT TO NOTE THAT ON THIS SITE, YOU KNOW, WE TALKED ABOUT A CALLAWAY'S BEING A TWO ACRE SITE. WELL, THAT THEY PROBABLY ALSO HAVE A 20,000 SQUARE FOOT BUILDING OR ROOF ANYWAY, ON THAT TWO ACRE SITE, THIS IS 1600 SQUARE FEET ON FIVE ACRES. SO YOU'RE GOING TO SEE PLANTINGS.

IT'S GOING TO BE MUCH HEAVIER LIVING MATERIAL THAN WHAT YOU'RE GOING TO SEE AT YOUR LOWE'S HOME DEPOT. EVEN CALLAWAY'S JUST FROM THE LAND AREA. AND THE RATIO OF BUILDING TO OPEN OPEN AREA.

THANK YOU, I HAVE NOTHING. THANK YOU, COMMISSIONER JENKINS. GO AHEAD. NOBODY ELSE HAS CHIMED IN, YOU KNOW. THANK THANK YOU, MR. CHAIR. IT'S JUST A QUICK QUESTION FOR STAFF. WHY? WHY AN AMENDMENT TO A PD AS OPPOSED TO A STRAIGHT ZONING REQUEST. SO THIS SITE IS CURRENTLY ZONED A PD. SO AND IT'S KIND OF A BROADER PD. SO THE EASIER WAY TO GET THERE. SO AT THE END OF THE DAY THEY NEED THAT AS A PERMITTED USE. RIGHT. SO INSTEAD OF BREAKING THIS WHOLE SITE UP AND STICK IT AND PUTTING IN STRAIGHT ZONING IN THE MIDDLE OF A BIGGER PD, WE, WE THINK IT'S A BETTER WAY TO JUST AMEND THE PD TO INCLUDE THAT USE AS A PERMITTED USE. THANK YOU. AND I'LL ADD IN AND I'VE GOT A LITTLE BIT OF HISTORY. OH FROM ABOUT 1987 TO 2002 I WAS CHAIRMAN OF THE NORTH AREA PLANNING IMPLEMENTATION COMMITTEE, AND THERE WERE FIVE IMPLEMENTATION COMMITTEES IN THE CITY THAT WERE CITIZENS INPUT FOR THE PLANNING COMMISSION AND COUNCIL. AND WE HELPED WRITE THE OVERLAY DISTRICT FOR 190. AND THAT MORPHED INTO A LOT OF OUR GDC THAT WE HAVE NOW. RICHARD FARRAR, NOTED ARCHITECT, PLANNER, REST HIS SOUL, HELPED US WITH ALL THAT. AND SO WE'VE HAD A LONG TERM VISION OUT THERE. HAS A VISION COME TRUE? NO, BUT WE'RE DOING THE BEST WE CAN. BUT TO GO TO STAFF'S POINT AND MY POINT IS HIGHEST AND BEST USE, THIS IS WOEFULLY UNDERUSED. FOUR ACRES OF LAND. AND WE'VE JUST BEEN THROUGH PRESENTATIONS ABOUT ZONING FOR MAXIMUM INCOME FOR THE CITY. OKAY. TAXABLE INCOME ON BUSINESSES IS DONE IN JANUARY. HOW MUCH INVENTORY DO LANDSCAPE BUSINESSES HAVE IN JANUARY? I JUST WENT THROUGH LOWE'S. IT WAS EMPTY, SO WE HAVE THAT IN CONSIDERATION. BUT TO ME IT'S WOEFULLY UNDERUSED. PLUS THERE'S A FENCE AROUND IT SO THAT IN ESSENCE BLOCKS CONTINUITY ALONG 190 DOWN TO THE CORNER OF HOLFORD. SO WE'VE GOT THAT VISUAL OBSTRUCTION TO NOW IS IT GOOD FOR THE NEIGHBORS? PROBABLY UNLESS YOU STACK A LOT OF MANURE TYPE STUFF OUT THERE FOR FERTILIZER NOT OPERATIONS.

BUT YOU UNDERSTAND YOU KNOW, THAT THAT IS A CONSIDERATION. AND YOU'RE RIGHT, MY WIFE WOULD LIKE IT THERE. SO I MAY BE IN THE DOGHOUSE, BUT WE ALSO HAVE A NURSERY DOWN HOLFORD. IT'S NOT AS COMMON OF A ONE AND TEN MINUTES IN ONE DIRECTION. THERE'S ONE IN ROWLETT OFF OF 190, AND THEN THERE'S ANOTHER ONE OFF OF CAMPBELL IN THE OTHER DIRECTION. BUT TO ME, HIGHEST AND BEST USE FOR THIS LAND. FOUR ACRES, I THINK, YOU KNOW, WE SHOULD HOLD IT FOR SOMETHING

[00:55:04]

ELSE. SORRYOU'RE CATCHING ALL THIS. I'M SORRY ABOUT THAT. I UNDERSTAND, I MEAN, THAT'S THE DISCUSSION PART. I DO THINK TO SPEAK A LITTLE BIT MORE IF I, IF I REMEMBER CORRECTLY AND CORRECT ME IF I'M MISSTATE THIS. BUT WHEN THE PD CAME OUT RETAIL WAS THE USE ASSIGNED TO THAT. I DON'T THINK THAT A NURSERY WAS A USE A SPECIFIC USE AT THAT TIME. IT IS NOW. AND SO BECAUSE THE BECAUSE THE PD DOESN'T SPECIFICALLY SAY NURSERY. THAT'S WHY WE'RE TRYING TO CLEAN THIS UP. SO IN OTHER WORDS, IF THIS WERE DONE BEFORE THAT DESIGNATION WAS MADE, IT WOULD HAVE BEEN RETAIL AND APPROVED BY. RIGHT. BUT NOW THAT THAT THAT HAS BECOME KIND OF A SEPARATE USE. THAT'S WHY WE'RE HAVING THIS PD AMENDMENT THAT I'D SAY THAT CORRECTLY. MATTHEW HAS SOMETHING HE WANTS TO CLARIFY. WELL, AND PLUS THE PD ALSO INCLUDES THE ACCESS ACROSS THE FRONT OF THE PROPERTY. IT ALSO INCLUDES LIMITING ACCESS TO THE BACK OF THE PROPERTY. THERE ARE OTHER PROVISIONS IN THE PD WHICH MAKE IT BETTER FOR US NOT TO TAKE IT OUT OF THE PD. THANK YOU SIR. NOW, TRADITIONALLY, IF A USE FROM A PLANNED DEVELOPMENT THAT WAS WRITTEN BEFORE THE GDC, IF THE USE ISN'T IN THERE, THAT TYPICALLY, YOU KNOW, EVEN IF IT DIDN'T EXIST AT THE TIME, THAT TYPICALLY DOES NOT AFFECT THIS. HOWEVER, IN ADDITION TO THIS LANDSCAPE, NURSERY RETAIL DID EXIST AT THE TIME, AND IT WAS DELIBERATELY, DELIBERATELY NOT INCLUDED IN THIS PLANNED DEVELOPMENT. 0039 SO YOUR RESEARCH IS BETTER THAN MY MEMORY. THANK YOU. OKAY, SURE.

COMMISSIONER JENKINS, NOT HOLD THE APPLICANT HOSTAGE AND CLOSE THE PUBLIC HEARING. OH, YOU'RE FINE. AND DON'T WORRY IF WE IF WE GET INTO A QUANDARY OR DO SOMETHING, WE'LL ASK YOU. I'LL BE CLOSE. YEAH, WE'RE KIND OF LOOSE ON THAT. HAVE A MOTION TO CLOSE THE PUBLIC HEARING. I'LL STAY THE MOTION. IT LOOKS LIKE COMMISSIONER HARRIS HAD SOME QUESTIONS. OH, COMMISSIONER PARIS. WELL, IF WE CLOSE THE PUBLIC HEARING, WE CAN'T HEAR IF THERE'S ANYONE ELSE. OH. THANK YOU. IN THE AUDIENCE. I JUST WANTED TO BE SURE. LET ME ASK IF THERE'S ANYBODY IN THE AUDIENCE WHO WISHES TO SPEAK ON THIS ITEM. NONE. THANK YOU FOR. THANK YOU VERY MUCH, THOUGH. OKAY, NOW, I GUESS WE HAVE A MOTION ON THE FLOOR TO CLOSE THE PUBLIC HEARING. DO I HEAR A SECOND? I'LL SECOND. OKAY. I HEARD THE MOTION FROM COMMISSIONER JENKINS. SECOND FROM COMMISSIONER PARIS, I BELIEVE. YES, TO CLOSE THE PUBLIC HEARING. THIS IS TO CLOSE THE PUBLIC HEARING ONLY. DOESN'T MEAN WE CAN'T CALL THE APPLICANT BACK UP IF WE NEED TO. AND THAT PASSES UNANIMOUSLY. WE ARE IN DISCUSSION MODE. COMMISSIONER JENKINS AND COMMISSIONER ABEL.

THANK YOU. THANK YOU, MR. CHAIR. I'M ON THE FENCE AND I LOOK FORWARD TO THE VIGOROUS DISCUSSION BETWEEN BETWEEN US REGARDING THIS ONE. I RECOGNIZE AND STAFF HAS CORRECTLY POINTED OUT THAT THIS IS A PRIME AREA, AND WE ARE DEEP IN CONSIDERATION OF A FUTURE LAND USE PLAN RIGHT NOW THAT ASKS US TO NOT USE OUR POLICIES AS PAPERWEIGHTS. THERE IS SIGNIFICANT RETAIL IN THAT CORRIDOR ON THE BORDER IS RIGHT UP THE ROAD IN TERMS OF THE TYPES OF RETAIL ON THE BORDER AND CHILD CARE FACILITIES AND THE LIKE, AND THE OTHER DIRECTION, OF COURSE, FIREWHEEL, WHICH IS THE DESTINATION LOCATION THAT THE CITY HAS WORKED TOWARDS FOR THE LAST, WHO KNOWS HOW LONG. SO I LOOK FORWARD TO THE CONVERSATION AND THANK YOU ALL FOR YOUR TIME.

THANK YOU, COMMISSIONER ABEL AND COMMISSIONER PARIS, I, I WOULD LIKE TO ASK, I GUESS, WHAT WOULD BE THE BETTER USE THAT WE COULD ENVISION FOR THIS? WE HAVE A MEDICAL FACILITY. WE HAVE RESTAURANTS, YOU KNOW, LOOKING AT THE MIX, DO WE WANT MORE RESTAURANTS? DO WE HAVE MATS ACROSS THE STREET THAT IS EMPTY? THERE'S LAND ACROSS THE STREET THAT'S EMPTY. YOU. DOES ANYBODY HAVE AN IDEA OF WHAT WOULD BE THE BETTER USE? WHAT WHAT ARE YOUR THOUGHTS ON THAT. OKAY.

THERE'S A QUESTION OUT THERE, COMMISSIONER PARIS AND MY. I HAD ASKED TO SPEAK BEFORE COMMISSIONER ABEL ASKED HIS QUESTION. SO I'M NOT ANSWERING THAT QUESTION AT THE MOMENT. I JUST WANTED TO MAKE SURE EVERYONE KNEW THAT. AND THEN I'M ALMOST FORGOT MY QUESTION. OH, I DID HAVE A STATEMENT PRIOR TO COMMISSIONER JENKINS STATING I AM A BIT ON THE FENCE AS WELL. I HAVE BEEN A PART OF THE DISCUSSION ABOUT JUST OUR FUTURE AND BEST USE OF THE LAND, ESPECIALLY WHEN IT'S PRIME REAL ESTATE. I DO UNDERSTAND THAT OUR CITIZENS HAVE SPOKEN, JUST, YOU KNOW, ONE WANTING MORE GREEN SPACE AS WELL. SO I'M JUST A LITTLE BIT CONFLICTED ON THIS, BUT I ALWAYS GO BACK TO THE BEST USE OF THE LAND. SO I'M JUST STATING THAT I'M I'M STILL

[01:00:05]

ASSESSING IF IT'S FITTING THAT CRITERIA ON THE BEST USE OF LAND, AND THEN ALSO WITH OUR COMPREHENSIVE PLAN AND FUTURE USE. FUTURE. YEAH. FUTURE USES OF WHAT WE ARE LOOKING FOR THE FOR THE CITIZENS AND FOR THE CITY. SO I JUST WANTED TO STATE THAT AND I LOOK FORWARD TO JUST ADDITIONAL FEEDBACK AND SUGGESTIONS ON WHAT COULD BE OTHER USES FOR THIS LAND THAT FITS WITHIN COMMUNITY RETAIL. THANK YOU, COMMISSIONER DALTON. TO ANSWER SOMETHING, COMMISSIONER ABEL SAID WHILE AGO, I AM IN A POSITION TO SEE FUTURE COMING JOB BIDS OF PLACES THAT ARE GOING TO GO IN, YOU KNOW, MAYBE A NEW OFFICE BUILDING, A BANK OR WHAT HAVE YOU. A JOB BID DID COME OUT TO RENOVATE THE MATS INTO A PF CHANG'S, AND THAT WAS THE MOST RECENT BIDDING DOCUMENT I SAW COME OUT ON THE STREET THAT THEY WERE GOING TO TURN THAT FIRST.

IT WAS GOING TO BE A PAY WAY, AND THEN IT CAME BACK AND SAID IT WAS GOING TO BE A P.F.

CHANG'S. AND THAT IS OUT FOR BID OR CONSTRUCTION RIGHT NOW. DESTINATION. MANY TIMES ON A FRIDAY NIGHT, I GO OUT THERE WITH MY FAMILY AND EAT AT ONE OF THE RESTAURANTS IN THAT AREA, AND IT'S DEFINITELY A DESTINATION. THERE'S LOTS OF PEOPLE OUT THERE BUYING DINNER, SPENDING MONEY, AND IF YOU'RE SPENDING IT AT OUTBACK, YOU'RE SPENDING IT MORE SO THAN YOU'RE GOING TO BE SPENDING IT. CHUCK E CHEESE ANYWAY. I THINK SOMETHING WE'VE GOT LAZY DOG WE'VE GOT ON THE BORDER, WE'VE GOT ALL OF THESE RESTAURANTS, BUT THEY STILL ARE BRINGING IN PEOPLE.

THEY'RE STILL BRINGING PEOPLE TO THAT AREA. AND SO I'M NOT MORE OPPOSED TO THIS PARTICULAR THING IN THIS LOCATION. I JUST DON'T FEEL LIKE IT FITS IN THE ENVIRONMENT ALL AROUND IT. I JUST DON'T FEEL LIKE IT FITS IN THAT WORLD RIGHT THERE. SO THANK YOU. THANK YOU, COMMISSIONER ROSE. IS THERE A TIME LIMIT ON THIS? YOU KNOW, LIKE FIVE YEARS OR SEVEN YEARS OR IS THIS. NO, THIS IS A PD. SO A PD WILL ALLOW THIS USE. CORRECT. ALL RIGHT. THANK YOU COMMISSIONER CORNELIUS. AND THEN COMMISSIONER DALTON AGAIN. I LIKE NURSERIES. I AM A GARDENING PERSON.

HOWEVER, I DON'T BELIEVE THAT THIS IS A GREAT USE OF LAND. AND JUST BASED ON WHAT WE'VE BEEN, YOU KNOW, CHARGED WITH BEING MORE DELIBERATE IN WHAT WE ARE LOOKING AT FOR THE CITY. I JUST DON'T I DON'T SUPPORT THIS. HOWEVER, YOU HAVE STUMPED ME BY SAYING, OKAY, WELL, WHAT WOULD BE A BETTER USE? WHEN I THINK ABOUT THE AREA AND WHAT'S THERE AND THE RESTAURANTS AND DRAWING FAMILIES AND DRAWING IN MORE PEOPLE, YOU KNOW, I'M A 80S GIRL, SO I THINK ABOUT, YOU KNOW, A PUTT PUTT GOLF OR SOME OTHER OTHER THING THAT DRAWS IN FAMILIES. I WOULD THINK A SPACE LIKE THAT WOULD MAKE SENSE TO ME. BUT ACTUALLY, I'M JUST I'M NOT IN SUPPORT OF THIS GARDENING SPACE. COMMISSIONER ABELL, AND I APPRECIATE THAT. I WILL SAY THAT WE'VE HAD, I THINK, TWO MINI GOLF PLACES AT FIREWHEEL THAT DIDN'T LAST. WE HAVE STRIKE AND WE'LL UP THE ROAD. YOU KNOW, I, I'M NOT ADVOCATING FOR OR AGAINST THIS AT THIS POINT BECAUSE I AM ON THE FENCE. BUT LOOKING AT WHERE WE'VE BEEN IN THE LAST COUPLE OF YEARS WITH COVID AND EVERYTHING ELSE, FAMILY GARDENING, BACKYARD SPACES BECAME HUGE. AND, YOU KNOW, AS SOMEONE WHO RAISED KIDS THAT LOVED TO GARDEN AND HAS A DAUGHTER THAT'S LIVING A SELF-SUSTAINING LIFE. YOU KNOW, I LIKE IT. I, I CAN GO BOTH WAYS AGAIN. BUT MY QUESTION IS, YOU KNOW, DO WE CAN'T PUT A DATA CENTER THERE THAT THAT'S NOT GOING TO IT'S NOT BIG ENOUGH. IT'S NOT GOING TO BRING THE REVENUE THAT WE WANT. SO DO WE SIT ON IT, LET IT SIT. FOR NOW. I MEAN IT'S BEEN IT'S BEEN SITTING FOREVER. BUT YOU KNOW, AND THEY'RE NOT MAKING ANY MORE LAND. I'M IN REAL ESTATE. THAT'S LITERALLY THE CRUX WE RUN INTO. THEY ARE NOT PRODUCING ANY MORE LAND. IT'S WHAT WE HAVE IS WHAT

[01:05:01]

WE GOT. YOU KNOW, AGAIN, I'M ON THE FENCE, BUT I WOULD WE HAVE A CREDIT UNION THERE. WE HAVE BANKS, WE HAVE A BANK OF AMERICA, WE HAVE A TEXANS CREDIT UNION, WE HAVE LIFETIME FITNESS.

WE HAVE EVERYTHING ELSE THAT'S IN THAT AREA. WITH THE UPCOMING SOCCER STADIUM AND EVERYTHING ELSE THAT MAY GO INTO THE AREA, WHAT'S THE BIGGER USE? FAIR ENOUGH. WELL, YOU WERE TALKING.

TWO WORDS CAME TO MY HEAD. TOPGOLF, YOU KNOW, SO. BUT THE THING IS THAT THERE IT'S A GOOD USE. I DON'T THINK IT'S NECESSARILY THE RIGHT USE BECAUSE THEY'RE KIND OF, OKAY, HERE'S THE END OF OUR DEVELOPMENT. WE'VE GOT A COUPLE PIECES LEFT OVER AND WE'LL JUST PUT ANYTHING IN THERE. I'M LOOKING AT IT FROM A LAND PLAN, ESPECIALLY WITH THE FENCING AND THE TREES. IT ALL BECOMES A BARRIER TO THE OTHER PIECES OF LAND, AND WE DON'T KNOW WHERE THE MARKET'S GOING TO GO, WHAT'S GOING TO COME UP NEXT, AND WHAT'S TO PREVENT SOMEBODY FROM TAKING THIS PIECE OF LAND, BUYING THE OTHER COUPLE PIECES OF LAND DOWN THE HOLFORD AND GETTING SOMETHING MORE MEGA IN SCOPE? YEAH, WE'VE WAITED A LONG TIME. THINGS DON'T GO AS WE OFTEN SEE. THOSE WOULD ARE NOW A THOUSAND APARTMENTS. I WOULD LOOK OUT AND CAMPBELL SAYING MINA AND ELECTRONICS COMPANY WAS GOING TO GO IN THEIR CHURCH ACROSS THE STREET WAS GOING TO BE JC PENNY'S INSURANCE. SO THINGS DON'T ALWAYS GO AS PLANNED. AND WE CAN'T SAY IF SOMETHING COMING DOWN THE ROAD WOULD BE BETTER OR WORSE. BUT I THINK WE HAVE OPPORTUNITIES FOR BETTER FINISHING AT 190. COMMISSIONER JENKINS. MR. CHAIR, IF THERE'S NO FURTHER DISCUSSION FROM THE COMMISSION, I'D LIKE TO MAKE A MOTION. GO FOR IT. MAKE A MOTION TO DENY THE APPLICATION.

SECOND MOTION BY COMMISSIONER JENKINS AND A SECOND BY COMMISSIONER DALTON TO DENY THE APPLICATION. IS THERE ANY FURTHER DISCUSSION? THE VOTE IS TO DENY. COMMIIONER DUCKWORTH.

YOUR VOTE HAS NOT TAKEN YET. OKAY, THERE WE GO. THAT PASSES 5 TO 4 WITH IN OPPOSITION, COMMISSIONER JONES, ABEL, ROSE AND DUCKWORTH. SO THE MOTION DOES CARRY BECAUSE THAT IS A

[c. Consideration of the application of Hugo Olvera Galindo, requesting approval of 1) a Specific Use Provision for a Tattooing/Body Piercing Establishment Use on a property zoned Planned Development (PD) District 76-15 and 2) a Concept Plan for a Tattooing/Body Piercing Establishment Use. The site is located at 977 West Centerville Road. (District 5) (File Z 23-38)]

MAJORITY OF THE COMMISSION MEMBERS. ALL RIGHT. WE'RE ON TO OUR THIRD PUBLIC ZONING CASE OF TONIGHT. CONSIDERATION OF THE APPLICATION OF HUGO OLIVEIRA GALINDO AND I, I APOLOGIZE IF I MISPRONOUNCED THE NAME REQUESTING APPROVAL OF A SPECIFIC USE PROVISION FOR A TATTOO, TATTOOING SLASH BODY PIERCING ESTABLISHMENT, USE ON PROPERTY ZONE PD DISTRICT 7615, AND A CONCEPT PLAN FOR A TATTOOING SLASH BODY PIERCING ESTABLISHMENT. USE. THE SITE IS LOCATED AT 977 WEST CENTERVILLE ROAD. AND I'LL ASK IF THE APPLICANT WISHES TO COME FORWARD AND SAY ANYTHING. THANK YOU. AND NAME AND ADDRESS IN THE MICROPHONE, PLEASE. THERE. YEAH.

MICROPHONES. RIGHT RIGHT THERE. THANK YOU. ALL RIGHT. THANK YOU FOR. GOOD EVENING. DON'T WORRY.

WE'RE ALL FRIENDS HERE. JUST. OKAY. THANK YOU FOR GIVING ME THE OPPORTUNITY TO BE HERE TO ALL OF YOU. YEAH. ADDRESS. ADDRESS IS. EXCUSE ME. GOOD EVENING EVERYONE. MY NAME IS PERLA AND WE ARE HERE FOR THE 977 WEST CENTERVILLE ROAD AND GARLAND. OF COURSE. THIS IS FOR THE TATTOO SHOP. THIS IS MY HUSBAND, HUGO. HE IS A 20 YEAR EXPERIENCED TATTOO ARTIST. WE'VE BEEN IN BUSINESS IN DALLAS FOR 12 YEARS, AND OUR OTHER TATTOO SHOP JUST CLOSED DOWN DUE TO DEMOLITION. SO WE LIKE TO TAKE WE WOULD LIKE FOR YOU GUYS TO TAKE US INTO CONSIDERATION AS GARLAND AS OUR NEW HOME. FOR TATTOOING. WE WOULD LOVE FOR YOU GUYS TO REALLY LOOK INTO THIS, BECAUSE WE'RE ONLY WANTING TO. WHAT? WE'RE ACTUALLY JUST RENTING ONE SUITE IN THIS LOCATION. IT'S A VERY FRIENDLY PLACE. IT'S INSIDE THIS BUILDING AND OUR HOURS OF OPERATIONS IS FROM 10 A.M. TO SIX SIX. WE DO EVERYTHING AS FAR AS TATTOOING, BUT THE REASON WE WOULD LIKE TO

[01:10:04]

CONTINUE DOING THE TATTOOS IS BECAUSE WE KNOW THAT MOST OF OUR CUSTOMERS ENJOY THE FACT THAT THEY'RE ABLE TO. EVERYONE HAS DIFFERENT FEELINGS OF EXPRESSING THEIR OWN WAYS, AND THE NEW GENERATION. AND I'M SAYING 18 AND UP, OF COURSE, THEY LIKE TO EXPRESS YOURSELF THEIR SELVES BY GETTING A TATTOO. SOME PEOPLE LOSE THEIR KIDS AND THEY COME AND GET A TATTOO. THEIR GRANDPARENTS, THEIR, YOU KNOW. PETS. SOME PEOPLE, YOU KNOW, THEY HAVE SURGERIES DUE TO, YOU KNOW, SCARS, SCARS. THEY COME AND GET TATTOOS WITH US. I MEAN, AND WE CONSIDER GARLAND BECAUSE IT'S WE FEEL LIKE IT'S A SAFE PLACE. WE HAVE FOUR KIDS. OUR OLDEST IS ALREADY IN THE UNIVERSITY, BY THE WAY. SHE'S GOING FOR THE FBI. SO, YOU KNOW, SOME PEOPLE NOT TO OFFEND NOBODY, BUT THEY THINK TATTOOS ARE BAD, BUT IT'S JUST THE WAY, YOU KNOW, YOU CAN EITHER TAKE IT THE RIGHT WAY OR THE, YOU KNOW, BUT WE HAVE FOUR KIDS AND WE RAISE OUR KIDS, YOU KNOW, WITH GOOD. ENVIRONMENT. WE RAISE OUR KIDS, YOU KNOW, THE BEST WAY WE, WE CAN. WE TRY TO ENCOURAGE THEM. YOU KNOW, THAT'S ALL. I JUST FOLLOW YOUR DREAMS AND WE'RE FOLLOWING. WE'RE STILL FOLLOWING OUR DREAM. BUT DUE TO THE KNOWLEDGE. AND IT'S OVER HERE IN BUCKNER AND 30 CLOSING DOWN IN MARCH, 31 IN MARCH. SO AT THIS POINT, WE'RE, LIKE, LEFT WITH NO JOB AND WE STILL HAVE MORE. YOU KNOW, WE STILL HAVE A LONG WAY TO GO. WE WOULD LOVE FOR YOU GUYS TO TAKE US INTO CONSIDERATION FOR STAYING IN GARLAND. THANK YOU. I DON'T KNOW. ALL RIGHT. THANK YOU.

CHAIR. COMMISSIONER JENKINS, I'M ACTUALLY GOING TO MISTER COMMISSIONER ABEL PULLED THIS OUT AS WELL. CAN WE HAVE AND THE HAVE THE APPLICANTS OR WITNESSES ADDRESS, PLEASE? YEAH. WE NEED YOUR ADDRESS, SIR. I THOUGHT THERE WERE STATING THE SITE AS AN ADDRESS, BUT I MAY HAVE THAT WRONG. YOU'RE NOT IN THERE YET, ARE YOU, THOUGH? AND THE ADDRESS? YEAH. WE JUST NEED A HOME OR BUSINESS ADDRESS. OKAY. THE FULL. YEAH. 977 WEST. WEST. CENTER. WEST. CENTERVILLE CENTER, MONROE ROAD AND GARLAND, TEXAS. AND OUR PHONE NUMBER. I DON'T NEED PHONE NUMBERS. OKAY, OKAY. ALL RIGHT. GOTTA DO SOME MARKETING AROUND HERE. I'M JUST KIDDING. ALL RIGHT. ANY ANY QUESTIONS OF THE APPLICANT? COMMISSIONER PARIS, JUST ONE QUICK QUESTION. YOU HAD MENTIONED YOUR PREVIOUS SITE IS CLOSED DUE TO. DID YOU SAY VENTILATION? OH, DEMOLITION.

THANK YOU. ALL RIGHT. THANK YOU. MAKE IT A LITTLE HARD TO OPERATE. I JUST DIDN'T HEAR THE REASON. YEAH, YEAH. I SEE NO OTHER QUESTIONS. I'VE GOT A COUPLE QUICK QUESTIONS, SO. YOU DON'T OWN THE WHOLE SUITE. YOU'RE JUST SUBLETTING THAT SHADED PORTION? YES. IN THAT LITTLE MAP YOU GAVE US. YES. OKAY. AND YOU DO REALIZE THAT IF YOUR BUSINESS WERE TO GROW AND YOU WANTED TO TAKE THE BOOTH NEXT DOOR, YOU WOULDN'T BE ABLE TO DO THAT. THIS. THIS PD HAS THE PLAN WITH IT THAT LIMITS YOU TO THAT ONE SPACE. AM I CORRECT THERE, MATTHEW? DO YOU WANT TO SPEAK TO THAT? YEAH, BECAUSE THERE ARE TWO TATTOO CASES ON THIS. I SEE SOME QUESTIONS IN YOUR EYES. SO LET'S SHOW THEM THEIR LITTLE SWEET PLAN THAT SHOWS WHAT'S SHADED IN. YES, SIR. SO HERE'S THE CONCEPT PLAN OKAY. AND THEN I'LL GO FULL SCREEN. YEAH. SO WE HAVE THE WHOLE SHOPPING CENTER RIGHT. YEAH. AND THEN IF I ZOOM IN HERE ON THE TOP RIGHT, THAT'S KIND OF THEIR STUDIO. AND THEY'RE SAYING THEY'RE ONLY LEASING THAT ONE IN THE TOP LEFT. THAT'S 256FT■S. AD WHAT I'M TRYING TO TELL YOU IS ANY APPROVAL WOULD BE TIED TO THAT SPACE ONLY. SO IF YOU KNOW ANOTHER SALON PERSON VACATED AND YOU WANTED TO EXPAND, YOU'D HAVE TO COME BACK HERE. YEAH. OKAY.

JUST WANT TO MAKE SURE THAT'S CLEAR. AND ALSO, WE ARE WILLING TO GET TWO YEARS, YOU KNOW, YOU CAN YOU GUYS CAN GIVE US, YOU KNOW, JUST THE, THE OPPORTUNITY TO SEE HOW WE WORK. AND IN THIS

[01:15:03]

INDUSTRY HE'S NEVER HAD A PROBLEM BEFORE. WE'VE ALWAYS, YOU KNOW, DONE EVERYTHING HOW IT HAS TO BE DONE. YES. WELL I'VE COME TO APPRECIATE IT AS AN ART OVER THE PAST COUPLE DECADES. SO BECAUSE I'M FROM, THE ONLY PEOPLE THAT HAD TATTOOS ARE BIKER GANGS. SORRY. WHAT WOULD YOUR HOURS OF OPERATION BE? 10 TO 6? 10 TO 6. BUT WE ARE MORE THAN A MOLD. YES, WE ARE MORE THAN IF YOU GUYS LET US, YOU KNOW, OPEN OUR NEW PLACE. WE ARE WILLING TO WORK WITH THE HOURS OF OPERATION THAT YOU GUYS LET US WORK. ALL RIGHT. THIS IS ONE REASON I'D RATHER TIE THINGS TO INSTEAD OF ADDRESSES TO PEOPLE. OKAY. ANY MORE DISCUSSION QUESTIONS TO THE APPLICANT? WAS TO SPEAK UP. COMMISSIONER DALTON IS. I ASSUME THIS IS A BEAUTY SALON. THEREFORE, THE SIGNAGE IS ALREADY BEING USED UP TO THE LIMITS OF THE CODE. SO THAT THERE IS CURRENTLY SIGNAGE HERE.

AND IT'S IT, IT IT IS TO THE LIMIT OF WHAT'S ALLOWED. I WOULD HAVE TO CONFIRM AND DO SIGNAGE CALCULATIONS MYSELF. BUT JUST FROM EYEBALLING IT, YOU WOULDN'T REALLY BE ABLE TO ADD ANYTHING ELSE IN THIS. YOU COMPLETELY REPLACED IT TO SAY SOMETHING LIKE LIKE TATTOO IF THAT'S WHERE YOU'RE GOING. BUT YES, THERE IS A IT IS VERY LIKELY THAT NEARLY ALL OF THE ALLOTMENT, PER THE GDC SIGN FOR THIS SUITE, IS USED RIGHT NOW. SO THEY COUL'T EVEN PUT THE SIGN ON THE WINDOW. IT'S WELL, THE LIKE A SIGN ON YOUR WINDOW IS GOING TO BE DIFFERENT. BUT THEY COULDN'T PUT ANY WORDS LIKE WHERE CENTRAL PARK NAIL SALON, BAR BAR IS THERE? NOTHING CAN REALLY BE ADDED IN ANYMORE THERE. RIGHT. OKAY. THANK YOU. AND HAVE YOU GUYS EXCUSE ME. WE ARE OKAY WITH THAT BECAUSE LIKE I SAID, WE ALREADY HAVE OUR CUSTOMERS FROM A FEW MINUTES AWAY AND WE WILL BRING THE CUSTOMERS TO THIS AREA. IF IT'S OKAY. OKAY. ALL RIGHTY. I SEE NO OTHER NOBODY ELSE IN THE QUEUE.

SO LET ME SEE IF ANYBODY ELSE IN THE AUDIENCE WISHES TO ADDRESS THIS CASE. HAVE A SEAT AND WE'LL CALL YOU BACK UP IF NEEDED. THANK YOU SO MUCH, EVERYONE. THANK YOU. ANYBODY ELSE IN THE AUDIENCE WHO WISH TO ADDRESS THIS CASE? I SEE NONE. OH, COMMISSIONER ABEL, SEEING NO ONE, I WAS GOING TO MAKE A MOTION THAT WE CLOSE THE PUBLIC PORTION OF THE HEARING. OKAY. WE HAVE A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING. DO I HEAR A SECOND? SECOND? I THINK THERE WAS COMMISSIONER CORNELIUS ON THE SECOND. OKAY. COMMISSIONER ABEL ON THE MOTION.

I JUST INCREASED THE VOLUME ON THE MIC. I KNOW MINE, I JUST INCREASED THE VOLUME, MY HEARING AID NOW. SO HOPEFULLY I'LL CATCH THIS MOTION. MOTION TO CLOSE THE PUBLIC HEARING BY COMMISSIONER ABEL, SECOND BY COMMISSIONER CORNELIUS. OKAY. THIS IS TO CLOSE THE PUBLIC HEARING ONLY.

THAT PASSES UNANIMOUSLY. WE'RE IN DISCUSSION MODE. COMMISSIONER ABEL. ONCE AGAIN, HERE WE ARE KNOWING THE KNOWING THE HOURS, KNOWING THAT, YOU KNOW, WE'RE 8 TO 6. IN THE BACK OF A SALON.

IT'S NOT A STANDALONE BUSINESS. YOU KNOW, I I'M INCLINED TO GO WITH THIS ONE WITH A SHORT PERIOD JUST TO GIVE THEM A CHANCE, BECAUSE IT'S LITERALLY JUST IN THE BACK OF A BUILDING.

IT'S NOT A BIG FACING FRONTAGE THAT'S GOING TO BRING DOOM AND GLOOM TO THE AREA. ANY OTHER INPUT? COMMISSIONER ROSE? SO TO FOLLOW UP, COMMISSIONER ABEL. ABEL, CAN WE MAKE A MOTION AND INCLUDE A FIVE YEAR TERM? YES. SHE WAS EVEN AMENABLE TO TWO. WELL, WHATEVER. FIVE YEARS.

GLORIOUS. YEAH. OKAY, WE CAN DO THAT. YEAH. ALL RIGHT. WE CAN SET CONDITIONS. AND ONE WE HAVE TO SET IS TIME. OKAY? ALL RIGHT. MR. CORNELIUS. THANK YOU. OH, THERE YOU GO, MR. COMMISSIONER JENKINS. AND THEN COMMISSIONER CORNELIUS AND I JUST WIPED SOMEBODY OUT OF THE QUEUE. BOTH OF THEM? YEAH. OKAY. OKAY. COMMISSIONER JENKINS. YES. THANK YOU, MR. CHAIR. THIS QUESTION IS ACTUALLY FOR STAFF. YOU KNOW, I WANT TO BE CERTAIN THAT THAT OUR EFFORT THIS EVENING IS TO REALLY

[01:20:02]

SPECIFICALLY TO THIS YURT, WHICH THIS UNIT WHICH MAY NOT HAVE AN ADDRESS SO IT WOULD APPLY BE APPLICABLE TO THE ENTIRETY OF THE OF THE BUILDING. IS THAT CORRECT? SO, YES, THE S U P GOES INTO PLACE FOR THAT SUITE BECAUSE THAT'S THE. VIABLE PIECE FOR US TO PUT THE SUP ON. RIGHT.

BUT THE CONCEPT PLAN IS GOING TO BE ATTACHED WITH THE ORDINANCE. AND THE CONCEPT PLAN DEPICTS THAT, NO, THEY CANNOT TAKE UP THE ENTIRE SUITE, EVEN THOUGH THE SUP APPLIES TO THE ENTIRE SUITE. THE CONCEPT PLAN VERY CLEARLY DEPICTS WHERE THEIR BUSINESS IS GOING TO BE AND WHAT THEIR SQUARE FOOTAGE IS, AND WE'RE GOING TO PUT THAT IN THE ORDINANCE. SO IN PRACTICE, CAN THEY MOVE AND TAKE UP A LITTLE BIT MORE SPACE WITHOUT THE CITY EVER KNOWING? HONESTLY, I DON'T KNOW IF CODE COMPLIANCE WILL EVER BE ABLE TO TRACK THAT DOWN, BUT IF THEY DO THAT, THEY WILL BE IN VIOLATION OF THEIR SUP. THEY WILL BE IN VIOLATION WITH THEIR ZONING. THANK YOU. AND YOU'VE HIGHLIGHTED THE SECOND PORTION OF THE QUESTION. IT'S, YOU KNOW, IN TERMS OF ENFORCEMENT, IT BECOMES A CODE COMPLIANCE ISSUE. IT BECOMES A CODE ENFORCEMENT MATTER, WHICH IS WHICH IS RESIDENT DRIVEN IN NATURE, YOU KNOW? YES. BUT ALSO IF YOU AGAIN, THIS IS INSIDE A SALON, EVEN WHEN STAFF DOES THEIR SITE VISIT FOR ZONING CASES, WE DON'T NECESSARILY GO INSIDE A BUSINESS. WE'RE USUALLY OUTSIDE. BUT IF THEY ARE COMING BACK, LET'S SAY IF IT WAS APPROVED FOR TWO YEARS, THREE YEARS, FIVE YEARS, IF THEY'RE COMING BACK FOR RENEWAL AT THAT POINT, THAT'S ALSO A MEASURE FOR THE CITY TO SEE. HEY, ARE THEY STILL IN THE SAME PLACE? IS IT STILL CONCEPTUALLY COMPLYING? HAVE THEY BEEN COMPLYING WITH THE PLAN THAT WAS APPROVED FOR THEIR SUP. SO THERE THERE'S THAT ASPECT AS WELL. EVEN THOUGH I DOUBT THAT CODE COMPLIANCE WILL EVER GO IN AND ACTUALLY CHECK THE SQUARE FOOTAGE, THAT'S THAT'S HELPFUL. IT SOUNDS LIKE STAFF STAFF HAS SOME TOOLS IN PLACE. WE DO. AND YOU SOUND COMFORTABLE AND THAT'S A RELIEF.

SO THANK YOU I RECOMMENDATION IS DENIAL FROM A LAND USE PERSPECTIVE. I DIDN'T I DIDN'T I DIDN'T MEAN TO CONVEY ANY SEPARATE MESSAGE. OUR RECOMMENDATION STANDS I'M JUST ANSWERING YOUR QUESTIONS. THANK YOU. THANK YOU, COMMISSIONER PERRY. AND YOU SO ELOQUENTLY ANSWERED COMMISSIONER'S QUESTION. BUT I NEED ONE MORE CLARIFICATION, BECAUSE THE SUP IS TIED TO THE ADDRESS. THE. IN THIS CASE, THE SUP WILL BE TIED TO THE SUITE. YES. THERE ARE TWO, TWO FACTORS INVOLVED. THERE'S AN OVERALL SUP. IT GOES TO THE WHOLE SUITE. THE DETAIL PLAN LOCKS THEM INTO PLACE IN THAT ONE AREA. OKAY. ALL RIGHT. THANK YOU. ALL RIGHTY, MISS CORNELIUS. OH, SORRY. OH, COMMISSIONER CORNELIUS. SORRY. THERE YOU GO. I AGREE WITH COMMISSIONER ABELE. AND IF A MOTION IS MADE IN SUPPORT OF THIS, I'M GOING TO SAY I SECOND THAT. SIMPLE. ALL RIGHTY. IS THERE ANY FURTHER DISCUSSION? DO I HEAR A MOTION THAT I THINK IS ALREADY SECONDED? CLARIFICATION. I'M NOT SURE THAT'S A COMMISSIONER. COMMISSIONER.

ABEL, WAIT, WAIT. MR. DUCKWORTH HAD A QUESTION. OH, COMMISSIONER. COMMISSIONER.

DUCKWORTH, THE TIME LIMIT. WELL, IT'S OPEN FOR DISCUSSION. SHE SHE OFFERED TWO YEARS. 527 27.5, 27 YEARS, THREE MONTHS, TWO DAYS, WHATEVER. OH, SURE. PUT MORE ON CODE COMPLIANCE. OKAY? OKAY. I WOULD MAKE A MOTION THAT WE WOULD APPROVE THIS WITH A THREE YEAR TO GO RIGHT DOWN THE MIDDLE. AS YOU PEE ANY HOURS OF OPERATION, EIGHT TO SIX. OR WAS IT 10 TO 6? YES, 10 TO 6. SORRY.

I WANT TO MAKE. SECOND. REALLY? OKAY. WE HAVE A MOTION BY COMMISSIONER ABEL TO APPROVE THIS APPLICATION FOR A PERIOD OF THREE YEARS, WITH OPERATING HOURS OF 10 TO 6 MONDAY THROUGH FRIDAY. OR WOULD THAT INCLUDE WEEKENDS? AND WOULD YOU LIKE THAT FOR WHAT YOU LIKE? I WOULD DO 10 TO 6, SEVEN DAYS A WEEK. OKAY. NOT GONNA. WHOA. THERE'S A SECOND. CONCUR. AND THE HOURS OF OPERATION A WEEK. THERE'S SIX DAYS A WEEK. IT'S FIVE DAYS A WEEK. OKAY. YEP. I THINK SIX MAKES MORE SENSE. SIX. OKAY, WE'LL DO SIX DAYS A WEEK. WE'LL GET. WE'LL GIVE THEM MONDAY THROUGH SATURDAY. OKAY. YES. SO WE OKAY. SO WE HAVE A DUAL MOTION HERE A MOTION THAT

[01:25:05]

MOTIONS BY TWO PEOPLE. NO WE HAVE A MOTION BY COMMISSIONER ABEL TO APPROVE THIS APPLICATION FOR A PERIOD OF THREE YEARS, WITH AN OPERATING TIME OF 10 TO 6 MONDAY THROUGH SATURDAY. YES, YES. ANY DISCUSSION ON THE MOTION AS WE UNDERSTAND IT? IF NOT, PLEASE, PLEASE VOTE YES.

COMMISSIONER CORNELIUS. YEAH. SO THAT WAS THE LAST ONE. NO, NO. OKAY. I DON'T KNOW. ALL RIGHT.

THAT PASSES 7 TO 2 WITH COMMISSIONERS JENKINS AND ROSE IN OPPOSITION. THANK YOU VERY

[d. Hold a public hearing to consider amendments to Chapter 2, Division 5 Telecommunications Towers and Antennas and Chapter 2, Attachment 1 – Land Use Matrix as it relates to Antenna, Commercial use.]

MUCH. ALL RIGHTY. NEXT ITEM ON OUR AGENDA IS. LET'S SEE ITEM THREE D HOLD A PUBLIC HEARING TO CONSIDER AMENDMENTS TO CHAPTER TWO, DIVISION FIVE TELECOMMUNICATION TOWERS AND ANTENNAS. AND CHAPTER TWO ATTACHMENT ONE LAND USE MATRIX AS IT RELATES TO ANTENNA.

COMMERCIAL USE 2D2D. THREE D. NO, IT'S IT IS THREE D. NO, IT SAYS TWO D OKAY I'M READING THE ZONING CASES THREE D. KNOW YOURS IS DIFFERENT. IT'S TWO D PUT YOUR GLASSES ON. YEAH. THREE ITEM THREE D HOLD A PUBLIC HEARING TO CONSIDER. YEAH, YEAH. ITEM ITEM THREE D HOLD A PUBLIC HEARING TO CONSIDER. ATTACHMENTS. THE FORWARD NO DRONE PRESENTATION. OH, DRONE.

OKAY, WELL, NO, THIS IS NOT THE DRONE. THIS IS. NO, I JUST DIDN'T HAVE TIME. TIME TO SEPARATE THEM. I JUST HAVE THEM. OKAY. OKAY. OKAY. MOTION. YEAH. OKAY. COMMISSIONER. PARISH.

COMMISSIONER. JENKINS. SORRY, I WAS I WAS JUST GOING TO JUST QUICK CLARIFICATION. THE ZONE.

IT SHOWS THE AGENDA SHOWS TWO D OR TWO E. ARE WE LOOKING AT THOSE TWO ITEMS? D AND E YES.

WE'RE DOING. I THOUGHT I HEARD YOU SAY THREE D, SO I'M JUST DOUBLE CHECKING AND CLARIFYING.

OKAY. I'M, I'M READING FROM THE ONE THAT WAS PRINTED WITH OUR PACKET. WELL MINE SAYS IT'S NOTIFICATION. IS A NOTIFICATION DIFFERENT. YES INDEED YES. ZONING TWO D OKAY. THAT IS READS DIFFERENTLY THAN ALRIGHTY. IT'S DIFFERENT THAN WHAT'S IN THE PACKET. SO I STAND CORRECTED.

OUR PREVIOUS CASES WERE TWO A, B AND C. AND NOW THIS IS TWO D. YEAH. AND IT WILL BE. WE'LL GET INTO THAT ONE TOO OKAY. IT'LL HAVE TO BE CONSIDERED SEPARATELY. IT'S JUST RIGHT. SO THIS IS A PRETTY QUICK ORDINANCE AMENDMENT THAT WAS INITIATED BY THE DEVELOPMENT SERVICES COMMITTEE. AND AGAIN THE MOST OF THE WORK ON THIS WAS DONE BEFORE I CAME ON BOARD. BUT I'M KIND OF TAKING IT FORWARD FROM WHERE IT WAS LEFT OFF. SO IN THE PAST WE HAVE HAD. A DISTANCE REQUIREMENT BETWEEN TELECOMMUNICATION, BETWEEN COMMERCIAL ANTENNAS, WHICH WAS 5000FT FROM EACH OTHER. BUT OFTEN WHAT WAS HAPPENING THAT BECAUSE TECHNOLOGY HAS BEEN UPGRADED, THE LOOK AND FEEL OF THOSE ANTENNAS HAVE CHANGED NOW. SO OFTENTIMES WE WERE GETTING THOSE REQUESTS. AND FROM MY FROM WHAT I UNDERSTAND, THEY WERE REQUESTING TO PROVIDE A GET A VARIANCE FROM THAT DISTANCE REQUIREMENT. SO WE KIND OF LOOKED AT IT OVERALL. AND THE RECOMMENDATION IS THAT WE REQUIRE AN SUP FOR ALL COMMERCIAL ANTENNAS. THAT WAY PLANNING COMMISSION AND CITY COUNCIL WILL WILL HAVE THE OPPORTUNITY TO LOOK AT THEM CASE BY CASE, LOOK AT THEIR APPLICABILITY FOR THAT AREA, WHETHER OR NOT IT'S CAUSING ANY ANY CONCERNS AMONG THE RESIDENTS, THINGS LIKE THAT. BUT WE ARE REMOVING THE DISTANCE REQUIREMENT FROM, FROM THE ORDINANCE. SO THAT'S KIND OF THE GIST OF THIS PROPOSED AMENDMENT.

WE'RE NOT CHANGING ANY DEFINITIONS FOR ANTENNA OR TELECOMMUNICATIONS OR ANYTHING ELSE. IT'S SIMPLY REQUIRING SUP FOR ALL OF THEM AND REMOVING THE DISTANCE REQUIREMENT. THAT'S ALL I'M AVAILABLE FOR QUESTIONS. AND AGAIN COUNCIL'S JUST LOOKING FOR OUR RECOMMENDATIONS AND INPUT.

COMMISSIONER DALTON I BELIEVE THIS KIND OF ORIGINATED WITH YOU. I WANT YOU THERE THE.

SITUATION JUST FOR INFORMATION MORE FOR THE COMMISSIONERS. TECHNOLOGY HAS CHANGED DRASTICALLY AND IT CONTINUES TO CHANGE DRASTICALLY. WE HAVE GONE FROM SIMPLE CELL PHONES TO NOW WE HAVE DATA PACKETS AND WE HAVE CELLULAR COMMUNICATION. AND THAT HAS CAUSED A DOUBLING OF THE

[01:30:08]

NUMBER OF ANTENNAS AND THE NUMBER OF REPEATERS THAT ARE OUT THERE IN THE WORLD FOR US TO USE. WE'VE ALSO STARTED USING UP MORE AND MORE AND MORE BANDWIDTH. IN OTHER WORDS, MORE AND MORE PEOPLE ARE USING MORE AND MORE CELL PHONES, REQUIRING MORE AND MORE TOWERS ARE ACTUALLY NOT TOWERS. CELL SITES. IT'S NOT NECESSARILY A TOWER. IT'S A CELL SITE. THIS IS DEALING WITH TOWERS, AN ACTUAL STAND ALONE STRUCTURE, SEPARATE AND APART FROM A BUILDING. YOU CAN GO TO VIRTUALLY ANY HOSPITAL, ANY COMMERCIAL BUILDING THAT'S OVER 4 OR 5 STORIES TALL. AND YOU WILL SEE CELL SITES ON THOSE BUILDINGS THAT DOESN'T AFFECT THIS. YOU COULD HAVE A BUILDING WITH A CELL SITE ON IT AND A TOWER RIGHT NEXT TO IT. IT'S NOT UNCOMMON. WE'RE GOBBLING UP BANDWIDTH FASTER THAN THEY CAN CONNECT TO IT. AND JUST LIKE DIRT, THERE'S NOT ANY MORE BEING GROWN. WE HAVE A CERTAIN HIGHWAY WE'RE USING UP THAT HIGHWAY. SO TO ELIMINATE THE PROBLEM OF NOT BEING ABLE TO GET MORE HIGHWAY, THEY'RE MAKING THESE CELL SITES MORE GRANULAR, MORE LOCALLY SERVING THAT AREA. THEREFORE, THEY'VE GOT TO BE CLOSER TOGETHER TO ACCOMPLISH THIS GOAL. I PERSONALLY DON'T LIKE THE CLUTTER OF SEEING A TOWER. I THINK MOST OF US FEEL THAT WAY. BUT YOUR CHOICE IS SEE AN UGLY TOWER AND HAVE A CELL PHONE OR NOT. AND BOTH OF THEM NOT. YOU WOULD NOT SEE THE CELL TOWER AND YOU WOULD NOT SEE YOUR TELEPHONE. THERE IS TECHNOLOGY THAT HAS BEEN DISCUSSED, TALKED ABOUT, MILLED AROUND FOR QUITE SOME TIME OF. SOME OF IT IS HAPPENING TO MAKE IT EVEN MORE GRANULAR. SO IN AN EXAMPLE OF THIS IS A PUBLIC SCHOOL WHERE TH PUT A WHAT WE CALL A KDA'S CELLULAR DISTRIBUTED ANTENNA SYSTEM INSIDE A SCHOOL. AND NOW THESE ALL OF THESE CELL PHONES ARE NOW COMMUNICATING WITH THAT SYSTEM. WELL, THAT SYSTEM IS NOT COMMUNICATING TO A TIRE NEARBY. THAT SYSTEM IS COMMUNICATITING ER A FIBER OPTIC LINE GOING BACK TO THE MAIN HOST. THEY'RE TRYING REAL HARD TO MAKE THIS WORK, BUT TEMPORARILY RIGHT NOW WE'RE GOING TO SEE MORE TOWERS. THAT'S JUST ALL THERE IS TO IT.

DOING AWAY WITH THE 5000 FOOT, I HATE IT, I REALLY DO. I'D RATHER IT BE KEPT THE WAY IT IS, BUT IT'S NOT GOING TO HAPPEN. HAVING US BE ABLE TO MANAGE, LOOK OVER WATCH BY SUP IS GREAT. SO I THINK WE, FOR THE SAKE OF THE CITY AND KEEPING COMMUNICATION WORKING AROUND HERE, WE SIMPLY NEED TO APPROVE THIS AND MOVE IT FORWARD TO COUNCIL AS REQUESTED. ANY OBJECTION AFTER THAT SPIEL COMMISSIONER ABEL. OKAY, I WOULD LIKE TO ADD THAT MOST VEHICLES NOW ARE WI-FI HOTSPOTS. SO, YOU KNOW, WE'RE NOT ONLY TALKING ABOUT YOUR CELL PHONE, WE'RE TALKING ABOUT 60, 70% OF THE VEHICLES ON THE ROAD. SO I AGREE WITH AS MUCH AS I HATE THEM, THEY'RE A WAY OF LIFE AND WE NEED TO BE ABLE TO MANAGE THEM. SO I, I'M WITH THE COMMISSIONER DALTON. IT'S TO PUT IT IN SIMPLER TERMS, KIND OF SEEMS LIKE WE'RE REGULATION IS CATCHING UP TO MAKE SURE TO ENSURE THAT THE CITIZENS OF GARLAND ALL ARE ABLE TO COMMUNICATE AND USE THEIR PHONES. BE ADVISED THAT IF YOU'RE IN A MOBILE VEHICLE, IT'S COMMUNICATING WITH THE CELL TOWER. IT'S NOT A CELL TOWER WITHIN ITSELF. IT'S JUST ANOTHER SPOT TO COMMUNICATE TO A CELL TOWER, JUST LIKE YOUR PHONE IS. SO YEAH, THE THERE'S EVEN A MOVE AFOOT RIGHT NOW TO EXPAND POLICE AND FIRE COMMUNICATIONS INTO THE CELLULAR WORLD. BUT THERE'S A LOT OF DISCUSSION BECAUSE THERE'S SAFETY FACTORS THAT WHAT WE KNOW IS, IS MORE CRITICAL THAN SEE DAS IS THERE THE SAME VIRTUAL SYSTEM, BUT THEY'RE DIFFERENT AT THE SAME TIME. BUT LIKE I SAY, WE JUST SIMPLY NEED TO MOVE THIS ON FORWARD AND KEEP THE CITIZENS SAFE. GREAT. WELL, DO I HEAR MOTION TO COMMISSIONER PARRISH? I WAS GOING TO MAKE A STATEMENT. THANK YOU FOR THE IN-DEPTH EDUCATION AROUND THE

[01:35:03]

WIRELESS, BROADBAND, WIRELESS, ALL THOSE ACTIVITIES. IS THERE ANY OTHER FEEDBACK AROUND THE SUP BECAUSE IT SAYS IT REQUIRES ALL COMMERCIAL ANTENNAS, REQUIRE AN SUP? AND I THOUGHT AT ONE POINT WE WERE THINKING THAT THE SUPS COULD BE EITHER SHORTER TIME FRAMES OR LONGER TIME FRAMES, BUT ANY PERSPECTIVE ON THE SUP. THE ISSUE BE. YEAH, THERE YOU GO. LET ME BRING ME UP HERE. GOT YOU. YOU'RE LIVE. NOW. YOU'RE NOT NOW YOU ARE. THERE WE GO. OKAY. ACTUALLY, WE NEED TO LEAVE IT AT A LONGER TIME. BECAUSE ONCE THE KEEPING IN MIND THE STRUCTURE IS ONE THING, THAT'S ONE THING. THE CELL SITE IS A TOTALLY SEPARATE ANIMAL, COMPLETELY DIFFERENT FROM THE TOWER ITSELF. THE TECHNOLOGY IMPROVEMENTS ARE HAPPENING UP HERE. DOESN'T AFFECT THAT TOWER, THAT STRUCTURE. IT'S THE THINGS THAT HAPPEN UP HERE. AND AS LONG AS WE'VE GOT A STRUCTURE, WE CAN MAKE THE IMPROVEMENTS UP THERE. THAT WAS WHERE I WAS, TECHNOLOGY IMPROVEMENTS. AND WE THINK ABOUT HOW ADVANCED THAT WE CAN GET. I WAS JUST CURIOUS AROUND THAT, THAT SUP AND WHAT IT WOULD REQUIRE. OKAY. THANKS. THANK YOU. COMMISSIONER. NOPE. OKAY. ALRIGHTY. ANY ANY FURTHER DISCUSSION? COMMISSIONER ROSE, I'M READY TO MAKE A MOTION TO APPROVE THIS. PASS IT ON TO COUNCIL. SECOND MOTION BY COMMISSIONER ROSE. SECOND BY WHO? DID I HEAR? COMMISSIONER DALTON. AMAZING TO APPROVE THIS AND PASS IT ON TO COUNCIL. MOTION IS TO SAY YES AND GO TO COUNCIL. PUT IT IN THEIR HANDS. OKAY. AND COMMISSIONER DALTON, YOUR VOTE DIDN'T TAKE. YOU WANT A VOTE? THERE WE GO. IT PASSES UNANIMOUSLY. THANK YOU. THE NEXT ITEM ON OUR AGENDA, MR. CHAIRMAN. I'M SORRY. DID YOU HAVE A NO HIT THE WRONG BUTTON. I'M SORRY. YEAH. NEXT ITEM ON

[e. Hold a public hearing to consider amendments to Chapter 2, Article 5 Use Regulations, Chapter 2, Attachment 1 – Land Use Matrix as it relates to Commercial Drone Delivery Hub, and Chapter 6 Definitions.]

OUR AGENDA. DEPENDING UPON WHETHER YOU'RE LOOKING AT THE PACKET OR THE POSTED AGENDA, IS ITEM 2R 3 E HOLD A PUBLIC HEARING TO CONSIDER AMENDMENTS TO CHAPTER TWO. ARTICLE FIVE USE REGULATIONS. CHAPTER TWO ATTACHMENT ONE LAND USE MATRIX AS IT RELATES TO COMMERCIAL DRONE DELIVERY HUB AND CHAPTER SIX DEFINITIONS. YOU COULD GO TO THE NEXT SLIDE. SO KIND OF IN THE SAME BROADER PERSPECTIVE OF MOVING ON WITH TECHNOLOGY AND EMBRACING NEW THINGS. DRONE DELIVERY HUBS ARE BECOMING MORE AND MORE, I DON'T WANT TO SAY POPULAR, BUT THEY'RE THEY'RE ABOUT TO WE ARE ABOUT TO BE KIND OF GET A LOT OF QUESTIONS ON WHAT WE CAN OR CANNOT DO ON THOSE. SO WE WANTED TO BE PROACTIVE AND KIND OF INCORPORATE THAT WITHIN OUR GDC.

CURRENTLY, WE DON'T WE DON'T HAVE ANYTHING THAT HAS ANY TYPE OF REGULATIONS OR ANY KIND OF GUIDANCE ON HOW THOSE HUBS OR STAGING AREAS SHOULD, SHOULD LOOK LIKE, HOW THEY SHOULD OPERATE. WE HAVE NOTHING IN THERE. SO CURRENTLY IF SOMEONE COMES IN, THEY CAN GO DIRECTLY TO PERMITTING AND WE DON'T NECESSARILY HAVE ANY TOOL TO EVALUATE THEM. SO THIS ORDINANCE AMENDMENT IS TO ADDRESS JUST THAT. SO WE HAVE INTRODUCED THREE NEW DEFINITION WITH THIS PROPOSED AMENDMENT INTO OUR GDC. ONE IS COMMERCIAL DRONE DELIVERY HUB. LARGE COMMERCIAL DRONE DELIVERY HUB SMALL AND DRONE STAGING AREAS. THE FIRST TWO, THE COMMERCIAL DRONE DELIVERY HUB, LARGE AND SMALL. THOSE ARE BEING LOOKED AT AS LAND USE AND THE DRONE STAGING AREA IS JUST AN ASSOCIATED DEFINITION WITH THOSE LAND USES. SO I'LL GO I'LL START WITH THE SMALL ONE. SO THE COMMERCIAL DRONE DELIVERY HUBS SMALL IS SIMPLY AN AREA OF LAND, STRUCTURAL SURFACE BUILDING OR STRUCTURE WITH ONE OR MORE DESIGNATED DRONE STAGING AREA. AND THAT'S WHY WE ARE DEFINING THE DRONE STAGING AREA, BECAUSE WE ARE USING THAT TERM WITHIN THE OTHER TWO USE DEFINITIONS.

AND THIS IS FOR USE BY SMALL UNNAMED AIRCRAFT SYSTEM UNDER 55 POUNDS TOTAL TAKEOFF WEIGHT OR AS DEFINED IN SECTION SO FOR 801 OF TITLE 49, UNITED STATES CODE AS AMENDED, SO THAT THAT 55 POUNDS THAT ACTUALLY COMES DIRECTLY FROM FEDERAL AVIATION ADMINISTRATION SO THAT SUE US SMALL UNNAMED AIRCRAFT SYSTEM THAT'S DEFINED WITHIN FAA. SO AND THIS IS SOMETHING WE WANT TO

[01:40:04]