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[00:00:10]

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

YOU'RE INVITED TO JOIN US. WHETHER YOU DO OR NOT IN NO WAY AFFECTS THE DECISIONS OF THIS COMMISSION. SO IF YOU CARE TO JOIN ME. DEAR HEAVENLY FATHER, WE THANK YOU FOR THIS OPPORTUNITY TO GET TOGETHER. WE THANK YOU FOR THIS CITY, THIS STATE, AND THIS NATION. AND I PERSONALLY WANT TO THANK YOU FOR THESE WONDERFUL COMMISSIONERS, STAFF AND CITIZENS. GIVE US THE STRENGTH AND THE KNOWLEDGE TO DO THE BEST THING POSSIBLE FOR THE CITY IN THIS MEETING AND ALL OF OUR MEETINGS. WE ASK THIS IN YOUR NAME. AMEN. AMEN. I PLEDGE 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. ALL RIGHTY. GOOD EVENING. IF ANY OF YOU ALL WANT TO SPEAK TONIGHT, IF YOU'LL PLEASE FILL OUT, ONE OF THE YELLOW SPEAKER CARDS ARE AVAILABLE ON THE TABLE OUT IN THE HALL OR UP HERE. THAT WAY YOU CAN CALL YOUR NAME. AND WHEN YOU COME FORWARD, IF YOU'LL PLEASE STATE YOUR NAME AND ADDRESS INTO THE MICROPHONE. WE NEED THAT FOR THE OFFICIAL RECORDS. APPLICANTS WILL BE GIVEN 15 MINUTES TO PRESENT THEIR CASE. OTHER SPEAKERS WILL BE ALLOWED THREE MINUTES. IF YOU'RE SPEAKING FOR A GROUP, SAY HOMEOWNERS ASSOCIATION, WE DEFINITELY DO ALLOW MORE TIME. AND AFTER ALL THE OTHER SPEAKERS HAVE BEEN HEARD, WE ASK THE APPLICANT TO COME BACK UP AND RESPOND AGAIN. PLEASE STATE YOUR NAME AND ADDRESS INTO THE MICROPHONE FOR US. WE WOULD APPRECIATE IT. TONIGHT'S AGENDA

[ 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.]

WILL START WITH THE CONSENT AGENDA. CONSENT AGENDA ARE ITEMS THAT THE COMMISSIONERS HAVE REVIEWED AND WILL BE VOTING TO APPROVE IN ONE MOTION. I WILL CALL OUT THE AGENDA ITEMS AND ANY COMMISSIONER OR PERSON IN THE AUDIENCE WHO WISHES AN ITEM REMOVED FOR INDIVIDUAL CONSIDERATION. JUST LET ME KNOW. ITEM CONSENT AGENDA ITEM ONE A CONSIDER APPROVAL OF THE PLAN COMMISSION MINUTES FOR THE FEBRUARY 24TH, 2025 MEETING. ITEM TWO A PLAT 20 5-03 KIDDY ACADEMY BRAND 190 EDITION FIFTH REPLAT FINAL PLAT. THOSE ARE THE CONSENT AGENDA ITEMS. ANYBODY WANT ONE REMOVED? SEEING NONE, MR. CHAIR. COMMISSIONER. I WOULD LIKE TO MOVE. THERE WE GO. THERE WE GO. I WOULD LIKE TO MOVE THAT WE APPROVE THE CONSENT AGENDA AS STATED. SECOND. MOTION BY COMMISSIONER ABEL, I BELIEVE I HEARD THIS FIRST. THE SECOND BY COMMISSIONER ROSE TO APPROVE THE CONSENT AGENDA. ALL RIGHT. THAT PASSES UNANIMOUSLY. ON TO INDIVIDUAL

[a. Hold a public hearing and consider the application of Tarmandeep Toor, requesting approval of 1) a Change in Zoning to a Planned Development (PD) District for Neighborhood Services (NS) Uses and Convenience Store Use, 2) A Specific Use Provision (SUP) for a Fuel Pumps, Retail Use, and 3) a Concept Plan for a Convenience Store with Fuel Pumps, Retail and shopping center. The site is located at 4151 North Garland Avenue. (District 7) (File Z 24-18)]

ITEMS FOR INDIVIDUAL CONSIDERATION. ZONING ITEM THREE A HOLD A PUBLIC HEARING AND CONSIDER THE APPLICATION OF. TERM DEEP TORE. REQUESTING APPROVAL OF A CHANGE IN ZONING FROM PLANNED DEVELOPMENT DISTRICT FOR NEIGHBORHOOD SERVICES, USES AND A CONVENIENCE STORE. USE O TO A PLANNED DEVELOPMENT SERVICES AND A SPECIFIC USE PROVISION FOR FUEL PUMPS. RETAIL USE AND THREE A CONCEPT PLAN FOR CONVENIENCE STORE WITH FUEL PUMPS. RETAIL AND SHOPPING CENTER. THIS SITE IS LOCATED AT 4151 NORTH GARLAND AVENUE. GOOD EVENING. GOOD EVENING. THE FIRST CASE TONIGHT IS Z 2418. IT'S A CHANGE IN ZONING TO A PLANNED DEVELOPMENT FOR A NEIGHBORHOOD SERVICES AND A CONVENIENCE STORE, AS WELL AS AN SCP FOR FUEL PUMPS. IT'S CURRENTLY A PLANNED DEVELOPMENT. PD AT 1635, WITH THE BASE ZONING OF MF1. IT'S LOCATED AT 4151 NORTH GARLAND AVENUE, AND IT'S AT 2.66 ACRE SITE. THE LOCATION MAP. AS YOU CAN SEE, THIS IS AT THE CORNER OF ARAPAHOE AND GARLAND. ALL THE LAND TO THE NORTH USED TO BE PART OF PD 1616, BUT SINCE THEN IT'S ALL BEEN HAVING VARIOUS DETAILED PLANS AND REZONINGS THAT HAD VARIOUS TRACKS IN IT. AND THIS 1635 IS PRETTY MUCH LIKE THE ORIGINAL PD STILL. SO IT ONLY ALLOWS IN THIS TRACT ELDERLY CARE, INDEPENDENT LIVING. AND SO AS YOU CAN SEE, WINTERS PARK IS ACROSS THE STREET. AS WELL AS RESIDENTIAL ELSEWHERE. THE COMPREHENSIVE PLAN HAS THIS AREA FOR COMPACT NEIGHBORHOODS. IT'S FOR HIGHER DENSITY RESIDENTIAL AS WELL AS SUPPORTING RETAIL.

HERE ARE PHOTOS OF THE SITE SHOWING THE SITE, AS WELL AS LOOKING NORTHEAST UP NORTH GARLAND AVENUE. AND HERE ARE PHOTOS OF THE SITE LOOKING SOUTHEAST AND NORTHWEST UP ARAPAHO ROAD. HERE'S THE CONCEPT PLAN. AS YOU CAN SEE, THE FUEL PUMPS ARE IN THE FRONT AS WELL

[00:05:03]

AS THE BUILDING BEING MORE SET BACK. TRANSPORTATION CONDUCTED A TIA AND FOUND NO PROBLEMS WITH TRAFFIC GENERATION. THOUGH THERE WAS NO MEDIAN CUT ALLOWED. THEY DID HAVE TWO DECELERATION LANES ADDED. APPLICANT REQUESTED APPROVAL OF A PD DISTRICT FOR NOISE AND CONVENIENCE STORE USE, AS WELL AS AN SUP. THAT IS 25 YEARS FOR FUEL PUMPS USE, AND THE SUP TIME PERIOD GUIDE RECOMMENDS 20 TO 25 YEARS FOR FUEL PUMPS. STAFF RECOMMENDS DENIAL, THOUGH THE PROPOSED CONVENIENCE STORE AND SHOPPING CENTER ARE CONSISTENT WITH THE FUTURE LAND USE MAP. THE FUEL PUMPS ARE NOT, AND IN ADDITION, THE SHOPPING CENTER DOES LACK PEDESTRIAN ORIENTED CONDITIONS, SUCH AS BEING MORE SET TOWARDS THE FRONT WITH PARKING IN THE BACK, WHICH DOES MAKE IT INCONSISTENT WITH THE COMPREHENSIVE PLAN. FOR LETTERS WE SENT OUT 107. WE RECEIVED TWO, WITH ONE WITHIN THE NOTIFICATION AREA IN FAVOR AND ONE WITHIN THE NOTIFICATION AREA AGAINST THE REQUEST. THANK YOU. I AM OPEN TO ANY AND ALL QUESTIONS. ANY QUESTIONS? GOING ONCE. GOING TWICE. I THINK WE'RE GOOD. THANK YOU VERY MUCH, SIR. ALRIGHTY. IS THE APPLICANT HERE? YEAH. OH, YEAH. COME ON DOWN AND YOU CAN FILL OUT A SPEAKER CARD LATER IF YOU HAVEN'T DONE SO.

AND I PULLED UP THE RENDERINGS THAT THE APPLICANT HAS PROVIDED. GREAT. SO I HAVE TO FILL SOMETHING. YEAH. NO. YOU'LL SPEAK OVER THERE. YEAH. SORRY. I WAS LOOKING AT THE RENDERING.

SAYS YOU WANT ME TO, LIKE, GO OVER THE PLAN. NAME AND ADDRESS, PLEASE. AND THEN WHATEVER MY NAME IS. CARMEN. YOU WANT TO TELL US? YEAH. GOOD EVENING. MY NAME IS HARMANDEEP THOR. AND THE ADDRESS, I BELIEVE, IS 4151 NORTH GARLAND AVENUE. SO WE'RE PROPOSING THIS SITE LIKE WE CONSIDERED SEVERAL USES RETAIL. AND SO WE'RE THINKING SOMETHING LIKE THIS, LIKE A CONVENIENCE STORE WITH A SALON, DONUT SHOP, OR MAYBE LIKE A SMOOTHIE PLACE, OR THERE'S A LOT OF APARTMENTS NEARBY. AND YEAH, WE DO WANT TO APPLY FOR A SUP FOR FUEL PUMPS. THAT JUST MAKES A LITTLE BIT MORE SENSE TO US. LIKE ECONOMICALLY FOR THIS PROJECT. YEAH. BUT SO FAR WE'RE LIKE IN VERY LIKE INITIAL STAGES OF THE PLANNING, LIKE OUR CONCEPT PLAN. WE HAVE LIKE WE'VE DONE TIA AND A LOT OF OTHER LIKE ENGINEERING WORK ON THIS. BUT WE'LL, WE'RE LIKE WILLING TO MAKE IT LIKE MORE LIKE PEDESTRIAN FRIENDLY AND LIKE WE'RE WILLING TO ACCOMMODATE ALL THOSE, ALL THOSE CHANGES SO THAT IT'S EASIER FOR PEOPLE TO LIKE WALK IN AND LIKE COME IN FOR SOME, LIKE RETAIL.

YEAHAH. OKAY. ANY QUESTIONS? SU. COMMISSIONER DALTON. THERE YOU GO. THANK YOU. I DON'T RECALL SEEING A MENTION OF A SIGNAGE OF ANY KIND. POLE SIGN, MONUMENT SIGN, ANYTHING OF THAT NATURE.

OTHER THAN JUST WHAT'S ON THE FRONT OF THE BUILDINGS? NO OTHER SIGNAGE? NO, WE DO HAVE, I BELIEVE WE ARE GOING TO PUT SOMETHING LIKE THIS. IS THAT WHAT YOU'RE TALKING ABOUT? YEAH.

OKAY. THANK YOU. THANK YOU. COMMISSIONER ABEL. HOW MANY GAS PUMPS DO YOU PLAN HERE? IS THAT SIX? SIX. SO THE RENDERING SHOWS EIGHT. SO I WAS JUST. YEAH. NO, IT'S SIX, I THINK. THIS IS. DO WE HAVE A NEW RENDERING? NO. THIS. YEAH. WE'RE GOING TO DO SIX. THERE IS AN UPDATED PLAN BUT WE'RE GOING TO DO SIX. WE DON'T. YEAH WE DID OUR BASED ON THE ESTIMATES WE DID. AND WE GOT SOME STUDIES DONE ABOUT LIKE THE THERE IS THIS IMST STUDIES. THEY LOOK AT THE TRAFFIC AND ALL AND TELL YOU THE GIVE YOU A LIKE A REPORT OF. SO I THINK SIX IS GOOD FOR THIS LOCATION AND THAT WILL GIVE US MORE ROOM TO EXPAND THE BUILDING AND MAYBE ADD ANOTHER LIKE RETAIL USE SITE.

AND THIS MAY BE MORE FOR STAFF, BUT HOW ARE WE HANDLING DRAINAGE AND RUNOFF FROM THERE? WITH ITS ADJACENCY TO THE CREEK WITH THIS? YEAH. LET ME GET YOU THERE. THOSE THINGS WILL COME IN A LITTLE LATER WHEN THEY'RE GOING TO SUBMIT FOR SITE PERMIT. WITH THIS CONCEPT PLAN, STAGE

[00:10:02]

ENGINEERING HAS TAKEN A VERY PRELIMINARY LOOK, BUT THEY HAVEN'T DONE IN-DEPTH ANALYSIS AS IT'S NOT SUPPOSED TO BE WITH CONCEPT PLAN. IF IT GETS APPROVED WITHIN THE SITE PERMIT STAGE, THEY ARE GOING TO HAVE TO PROVE UP THAT ALL OF F THAT CANE HANDLED WITHIN THE SITE. I CAN JUST HEAR IN THE FUTURE. SO I WANTED PEOPLE TO KNOW. AWESOME. GREAT. ANY OTHER QUESTIONS OF THE APPLICANT? THANK YOU VERY MUCH FOR COMING DOWN. THANK YOU. I HAVE NO SPEAKER CARDS IN THIS ITEM. IS THERE ANYBODY IN THE AUDIENCE WHO WISHES TO ADDRESS THIS CASE? SEEING NONE.

COMMISSIONERS. IT'S UP TO US THEN. MOTION DISCUSSION. COMMISSIONER ROSE, I'M READY TO MAKE A MOTION, SIR. OKAY. ANYONE ELSE IS WANTING TO DISCUSS? COMMISSIONER PARIS CHIMED IN FOR THE CLOSE OF PUBLIC HEARING. AND THEN. OKAY. BUT HE'S ALREADY OKAY. OKAY. WHAT KIND OF MOTION DO YOU WANT TO MAKE? YOU SAID YOU'RE GOING TO MAKE ONE. WELL, NOT REGARDING THE HEARING, BUT REGARDING THIS DOCUMENT. GO FOR IT. OKAY. I MOVE THAT WE SUPPORT THE STAFF'S RECOMMENDATION FOR DENIAL. SECOND, A MOTION BY BY COMMISSIONER JENKINS. DID YOU ASK IF THERE WAS ANYONE IN THE AUDIENCE TO SPEAK? YEAH. YEAH. GOT IT. THE MOTION IS TO DENY ANY DISCUSSION. I WILL ADD IN THAT I HAVE A TENDENCY TO AGREE, BECAUSE THERE ARE A LOT OF THINGS THAT WOULD NEED TO BE ADDRESSED. THAT NEIGHBORHOOD IS OF SUCH A NATURE THAT A MASSIVE FUEL PUMP, CANOPY AND EVERYTHING JUST ISN'T QUITE. AND I DID A ROUGH MEASUREMENT AND IT'S ABOUT 50 BY 100FT. THE BUILDING IS ABOUT 40 BY 200FT. JUST ROUGH AND 40 SEEMS A LITTLE SHALLOW FOR TYPICAL RETAIL USE TOO. SO I THINK SOME MORE THOUGHT IT COULD WORK. BUT, YOU KNOW, MAYBE EVEN IF THE PUMPS WERE BEHIND THE BUILDING, LIMITED PUMPS TO MAYBE FOUR PUMPS BEHIND THE BUILDING MIGHT BE ABLE TO WORK THAT WAY.

BUT AS IT IS NOW, THAT CORNER PROBABLY ISN'T READY FOR WHAT WOULD BE A MEGA PUMP CENTER.

THERE'S ONE A LITTLE OVER HALF A MILE DOWN THE ROAD. ACTUALLY, THERE ARE TWO AT TOM THUMB AND DIAGONALLY ACROSS THE CORNER AND UP GARLAND ROAD THERE. A COUPLE UP THERE TOO. SO. ANY OTHER DISCUSSION? THE MOTION IS TO DENY THE APPLICATION. SEEING NO MORE DISCUSSION, PLEASE VOTE.

[b. Hold a public hearing and consider the application of David Najafi and Bobtown Enterprises Inc., requesting approval of a Change in Zoning from Community Office (CO) to Community Retail (CR). (District 3) (File Z 25-04)]

AND THAT PASSES UNANIMOUSLY. THANK YOU. NEXT ITEM ON OUR AGENDA IS ZONING ITEM THREE B HOLD A PUBLIC HEARING. SORRY. AND CONSIDER THE APPLICATION. DAVID NAJAFI AND BOBTOWN ENTERPRISES REQUESTING APPROVAL OF A CHANGE IN ZONING FROM COMMUNITY OFFICE TO COMMUNITY RETAIL. AND, COMMISSIONERS, THIS IS A STRAIGHT ZONING. THERE'S NO CONCEPT PLAN OR ANYTHING WITH IT. IT'S SWITCHING FROM ONE TO THE OTHER. YOU HAVE TO SEE THAT. OKAY.

THANKS. SLIDESHOW. NEXT TO VIEW THERE'S REVIEW. A LITTLE TO THE LEFT. LOOK UP. YOU JUST PASSED IT. GO UP AND. OH, THERE YOU GO. SLIDESHOW. YEAH. WE'RE GOOD TO GO. ALL RIGHT. GOOD EVENING.

GOOD EVENING. ALL RIGHT. ALL RIGHT, SO APPLICANT IS REQUESTING A ZONING CHANGE FROM COMMUNITY OFFICE DISTRICT TO COMMUNITY RETAIL DISTRICT. THE LOCATION IS FOR 29 AND 455 EAST INTERSTATE 30. THE LOT SIZE IS ABOUT 3.792 ACRES. THE ZONING IS CURRENTLY COMMUNITY OFFICE. ALL RIGHT. THIS IS A SITE MAP. SO TO THE NORTH WE HAVE A MULTIFAMILY DEVELOPMENT TO THE WEST. WE HAVE A VACANT LOT TO THE SOUTH. WE HAVE INTERSTATE 30. AND TO THE EAST WE HAVE AN ARRAY OF COMMERCIAL USES SUCH AS A GAS STATION, A RESTAURANT AND A DEVELOPING HOTEL. THE COMPREHENSIVE. THE COMPREHENSIVE PLAN HAS THIS AREA ENVISIONED AS A BUSINESS CENTER. AND THE DEVELOPMENT TYPE INCLUDES A VARIETY OF PRIMARY AND SECONDARY USES, INCLUDING COMPATIBLE RESIDENTIAL USES THAT SUPPORT THE BUSINESS EMPLOYMENT SECTOR. ALL RIGHT, SO HERE ARE SOME SITE PHOTOS. THIS IS A VIEW FROM INSIDE THE LOT FACING NORTH FROM I-30 SERVICE ROAD. HERE'S ALSO A VIEW FACING SOUTH FROM THE REAR PARKING LOT. THE THIRD PHOTO IS FACING EAST FROM INSIDE THE

[00:15:03]

PROPERTY AS WELL. AND THE FOURTH PHOTO IS FACING WEST FROM INSIDE THE PROPERTY AS WELL. THIS IS A STRAIGHT ZONING CHANGE. THERE IS NO CONCEPT PLAN INVOLVED AND STAFF IS RECOMMENDING DENIAL OF THE INITIAL REQUEST TO COMMUNITY RETAIL. AND INSTEAD OF CHANGING FROM COMMUNITY OFFICE TO COMMUNITY RETAIL, WE WOULD RECOMMEND A CHANGE TO NEIGHBORHOOD SERVICES. THIS WOULD ALLOW FOR MORE INTENSIVE USES THAN COMMUNITY OFFICE, BUT LESS INTENSIVE USES THAN COMMUNITY RETAIL. AND THERE WERE 39 RESPONSES. NINE RECEIVED IN FAVOR, SEVEN OUTSIDE OF THE NOTIFICATION AREA IN FAVOR IN TOTAL OF 16 RESPONSES IN ALL.. AND I'M OPEN TO ANY AND ALL QUESTIONS. AND THE APPLICANT IS ALSO PRESENT. I BELIEVE WE HAVE SOME CLARIFICATION FROM STAFF HERE JUST TO KIND OF ADDING ON DAVID'S PRESENTATION. SO THIS APPLICATION IS A IS A LITTLE UNIQUE THAN THE OTHER ONES. IT'S ALREADY A DEVELOPED SITE. IT ALREADY HAS BUSINESSES THAT ARE OPERATING THERE. SOME RESTAURANTS, DENTAL OFFICE, THINGS LIKE THAT. SO THE REASON THEY WERE REQUESTING TO GO FROM COMMUNITY OFFICE TO COMMUNITY RETAIL IS BECAUSE THEY ALREADY HAVEVE A COUPLE RESTAURANTS OPERATING THERE, WHICH IS PERMITTED BY RIGHT IN SEO AND PERMITTED BY RIGHT IN CR. HOWEVER, IN PNZ, WHICH IS IN BETWEEN THE TWO, UP UNTIL THE LAST COUNCIL MEETING, IT REQUIRED AN SP WHICH WOULD HAVE MADE THOSE RESTAURANTS NON-CONFORMING IF THEY WERE TO GO FROM CO TO NS. SO THAT KIND OF MADE THEIR REQUEST TO GO FROM CO TO CR. THAT'S HOW IT CAME ABOUT. BUT AS YOU ALL ARE AWARE, IT WAS IN FRONT OF YOU A FEW WEEKS AGO. YOU ALL HAD RECOMMENDED APPROVAL FOR THAT CHANGE TO HAVE RESTAURANTS, NO DRIVE THROUGH TO BE ALLOWED BY RIGHT IN NEIGHBORHOOD SERVICES ZONING DISTRICT. IT WENT THROUGH CITY COUNCIL. CITY COUNCIL HAS APPROVED THAT AMENDMENT AS WELL. SO NOW IT IS NOT AN ISSUE ANYMORE IN NEIGHBORHOOD SERVICES. RESTAURANT IS ALSO A PERMITTED USE. SO THE WHAT THE APPLICANT IS ASKING FOR CAN BE ACCOMMODATED WITHIN THE NEIGHBORHOOD SERVICES ZONING DISTRICT, WHICH IS WHY STAFF'S RECOMMENDATION IS TO NOT GO ALL THE WAY TO CR, WHICH COULD BRING IN A LOT OF INTENSIVE USES, BUT KIND OF TO STAY WITHIN NEIGHBORHOOD SERVICES, WHICH ALLOWS RESTAURANTS, OFFICES, PERSONAL SERVICES, WHICH INCLUDES NAIL SALONS, BARBERSHOPS. SO EVERYTHING THAT WOULD FIT THAT EXISTING BUILDING. THANK YOU.

COMMISSIONER PARIS. THANK YOU FOR THE THANK YOU FOR THE CLARIFICATION AROUND THE REASONS FOR THE CHANGES AND THEN WHAT THE IMPACTS ARE TO THOSE CHANGES. ONE OTHER CLARIFICATION ON COMMUNITY RETAIL. TYPICALLY, THIS DISTRICT MAY NOT BE DESIGNED IN A MANNER THAT INCREASES TRAFFIC THROUGH RESIDENTIAL AREAS. IS THAT ANOTHER CONCERN OF THE WHY I GET? I UNDERSTAND THE INTENSITY OF TRAFFIC AND YEAH, THAT'S ALL A REASON. AND THE OTHER OTHER THING I WANTED TO ADD, WE HAVE NOTIFIED IT AS A REQUEST TO GO FROM CO TO CR, BUT PLAN, COMMISSION AND CITY COUNCIL CAN VERY WELL RECOMMEND PLAN COMMISSION CAN RECOMMEND APPROVAL FOR PNZ AND COUNCIL CAN APPROVE PNZ BECAUSE THAT'S LESS INTENSIVE AND MORE RESTRICTIVE THAN WHAT WE HAVE NOTIFIED FOR. I WANTED TO JUST PUT IT OUT THERE AND THEN WHAT HAS BEEN THE APPLICANT'S RECEPTIVITY TO THE FOR YOUR YOUR RECOMMENDATION? DAVID I'LL LET HIM SPEAK TO THAT. THE APPLICANT IS OPEN TO NEIGHBORHOOD SERVICES AND THE APPLICANT IS ALSO PRESENT. OKAY.

AND THANK YOU. AND THEN ONE LAST QUESTION I HAVE. THANK YOU FOR YOUR PATIENCE. CAN YOU GO BACK TO THE SLIDE ON RESPONSES ONE MORE TIME, IF YOU DON'T MIND. OKAY. THANK YOU. APPRECIATE IT.

ANY OTHER QUESTIONS OF STAFF? COMMISSIONER. COMMISSIONER JENKINS. THANK YOU, MR. CHAIR.

THIS IS REALLY FOR STAFF. THAT LAST SLIDE NAMED THE PREVIOUS APPLICANT AS THE NAMES THE MR. MISTER TOUR, WHICH IS PART OF THREE A AND I BELIEVE WE'RE DISCUSSING THREE B NOW. SO THERE JUST MAY BE A TYPO REGARDING THE SLIDE. THANK YOU. THANK YOU. ANY OTHER QUESTIONS? THANK YOU. MAY HAVE TO CALL YOU BACK UP IF WE HAVE ANY OTHER QUESTIONS. BUT IS I UNDERSTAND THE APPLICANTS HERE. DO YOU WANT TO COME ON DOWN? UNLESS YOU HAVE A QUESTION. THE APPLICANT IS HERE.

IF YOU ALL HAVE ANY QUESTIONS. ALL RIGHT, LET ME. ARE THERE ANY QUESTIONS? DID YOU HAVE ANY QUESTIONS, COMMISSIONER? PARIS? STAFF. SO I GUESS STAFF SPOKE ON YOUR BEHALF. YES. IN TERMS OF

[00:20:04]

RECEPTIVITY TO THE REQUEST. YES, MA'AM. OKAY. THANK YOU. IN LIGHT OF THE RECENT ACTION ALLOWING RESTAURANTS. SO. YEAH. OKAY. WE APPRECIATE IT. YOU. SINCE YOU SPOKE, WE HAVE TO GET YOUR NAME, NAME AND ADDRESS. OTHERWISE, I'LL HEAR FROM IT. FROM EVERYBODY. I'M SORRY. TRACY FORD SPELLMAN, COUNSEL FOR BOB TOWN ENTERPRISES. ALL RIGHT. AND ADDRESS MY ADDRESS. YEAH.

BUSINESS, WHATEVER. IT DOESN'T MATTER. MAKE ONE UP IF YOU WANT. 15305 DALLAS PARKWAY, 12TH FLOOR. ADDISON, 7501. THANK YOU. ALL RIGHTY. IS THERE ANYBODY ELSE IN THE AUDIENCE IN. UNLESS SOMEBODY IS HIDING BEHIND A COLUMN, NOBODY ELSE WISHES TO SPEAK ON THIS CASE. AND IT HAS HAPPENED. ALL RIGHT. COMMISSIONERS, IT'S UP TO YOU ALL. I HAVE COMMISSIONER PARIS.

I WOULD LIKE TO CLOSE THE PUBLIC HEARING. AND IF THERE ARE NO OTHER DISCUSSION OR QUESTIONS.

FROM THE PLANNING COMMISSION, THEN I WOULD LIKE TO ACCEPT THE STAFF'S RECOMMENDATION FOR NEIGHBORHOOD SERVICES. AND I'LL ADD TO THE REASON WHY. ONE OF THE REASONS WHY, IF YOU'RE WANTING TO KNOW MY DIRECTION, IS ALSO BECAUSE OF THE NEIGHBORHOOD SERVICES, MINIMIZES THE ADDITIONAL NOISE, TRAFFIC AND OTHER OBJECTIONABLE CONDITIONS. AND SO I APPRECIATE THAT AS A RECOMMENDATION. SECOND. SECOND MOTION BY COMMISSIONER PARIS. SECOND BY COMMISSIONER DALTON TO APPROVE THIS APPLICATION. AND I DO AGREE WITH YOU. I CAME UP WITH A LIST OF THE USES THAT WERE ALLOWED AND USES GAINED FROM KOTA NESS. IT'S UP. SO THEY DO PICK UP STUFF, INCLUDING PET STORE AND PERSONAL SERVICES AND SOME OF THAT'S WITHIN SUP. BUT. ALRIGHTY. ANY DISCUSSION ON THIS MOTION IS TO APPROVE PER STAFF RECOMMENDATION, TO GO TO PNZ AND WITH THE APPLICANTS AGREEMENT.

IT PASSES UNANIMOUSLY. GOOD LUCK SIR. THANK YOU. ALL RIGHTY. ITEM THREE C HOLD A PUBLIC HEARING TO

[c. 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. ]

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. AND I IMAGINE YOU WANT TO TAKE THIS ONE ON. YES. THIS ONE WAS PRESENTED THE LAST TIME WE HAD MET WITH PLANNING COMMISSION. I JUST HAVE SOME ADDITIONAL INFORMATION.

PLANNING COMMISSION HAD ASKED ABOUT THE JUSTIFICATION OF THE 100 AND 300 FOOT BUFFER DISTANCE THAT WE HAD RECOMMENDED. WELL, NOT STAFF. STAFF DIDN'T RECOMMEND THAT IT CAME FROM DEVELOPMENT SERVICES COMMITTEE. SO WE KIND OF DID A LITTLE BIT OF RESEARCH ON NOISE, BUT WE FOUND OUT THAT ALTHOUGH NOISE VARIES AMONG DIFFERENT DRONE MODELS, BUT IS GENERALLY AT OR BELOW 75DB FROM THE PROPOSED 100, 150 AND 300 FOOT BUFFER DISTANCES. AND IT'S ALSO AT OR BELOW 68 DECIBEL DURING F FLIGH. THAT'S KIND OF GENERAL INFORMATION THAT WE HAVE FOUND.

AND JUST TO PUT IT IN REFERENCE FOR RESIDENTIAL DISTRICTS, THE SOUND ALLOWABLE DECIBEL IS 65, SO IT'S NOT THAT FAR OFF. TO PUT FURTHER REFERENCE, RUSTLING LEAVES. THAT'S AROUND 20 DECIBEL. SO IF YOU JUST IMAGINE HAVING A NEIGHBORHOOD WALKING AROUND A NEIGHBORHOOD WITH REAL STRONG WIND AND THE LEAVES ARE RUSTLING. SO GENERALLY SPEAKING, THAT SHOULD BE ABOUT THE SAME TYPE OF NOISE LEVEL THAT A DRONE DELIVERY WOULD BE CAUSING AT 150 AND 300 FOOT BUFFER. SO THAT'S THAT'S ONE OF THE THINGS I WANTED TO CLARIFY. THE OTHER KIND OF THERE WERE A COUPLE OTHER GENERAL DISCUSSIONS. ONE WAS IT BEING PRIMARY VERSUS ACCESSORY. THAT WAS A MAJOR KIND OF DISCUSSION TOPIC. AND I DID GO BACK AND CLARIFY. SO IT WAS THE INTENT OF THE DEVELOPMENT SERVICES COMMITTEE TO KEEP IT FOR PRIMARY USE ONLY. SO ANY IF THE DRONE OR THE DRONE STAGING AREA, THEY ARE BEING OPERATED AS AN ACCESSORY, USE TO SOMETHING ELSE, SOME OTHER BINESS. THIS ORDINANCE IS NOT MEANT TO REGULATE THAT. THE PURPOSE OF THIS ORDINANCE AMENDMENT IS TO ADDRESS THE PRIMARY USE ASPECT OF IT. I WOULD SAY WE ARE KIND OF ON THE PROGRESSIVE SIDE OF IT. VERY LESS CITIES IN THE METROPLEX ARE DOING THIS, DOING THIS REGULATION. SO I HAVE A COUPLE EXAMPLES. SO PLANO IS THE ONE WHO HAS RECENTLY ADOPTED A VERY HOLISTIC AND COMPREHENSIVE

[00:25:01]

ORDINANCE ON DRONES. A COUPLE OTHER EXAMPLES. DALLAS FRISCO. THEY THE USE IS STILL UNLISTED.

THEY DO ALLOW IT TO BE ACCESSORY TO ANOTHER USE THAT'S ALLOWED. MARFA, TEXAS. SAME THING.

LULHAM, TEXAS. SAME THING. SO JUST SOME GENERAL REFERENCES WHERE WE'RE AT LEAST TAKING THE FIRST STEP TOWARD REGULATING IT AS A PRIMARY USE. THERE ARE SOME OTHER QUESTIONS ABOUT KIND OF MISTAKENLY DELIVERING TO THE WRONG PLACE OR INSURANCE, THINGS LIKE THAT. MOSTLY THE ANSWERS THAT WE RECEIVED WERE THAT, HEY, IF IT'S NOT ON THE GROUND, IT'S OUT OF OUR REGULATIONS. IT'S REGULATED BY FAA. SO THOSE ARE KIND OF MY GENERAL FINDINGS, BUT I'M AVAILABLE FOR QUESTIONS. ANY QUESTIONS? COMMISSIONER PARIS. THANK YOU FOR GOING IN DEPTH AND GIVING US JUST THE INFORMATION THAT WE NEED. I NOTICE IN NORTH RICHLAND HILLS THEY HAVE AND I KNOW THIS IS MORE COMMERCIAL RELATED. AND THEY'VE ADOPTED A ZONING ORDINANCE TO ALLOW FOR DRONE TAKEOFF AND DELIVERY, LANDING IN AREAS. SO IS THERE ANY ANY INSIGHT THERE WITH THEIR ZONING AND. YEAH. YES. CHAIRMAN ROBERTS HAD SENT IT TO US. THANK YOU SIR. SO WE HAD LOOKED AT IT FROM WHAT I COULD, WHAT I COULD UNDERSTAND GOING INTO THEIR ORDINANCE AND READING ON THAT ARTICLE, THEY'RE STILL REGULATING IT AS THE HELIPORT OR HELIPAD USE. SO IT'S REALLY THE THAT'S WHERE WHATEVER WE'RE CALLING A DRONE STAGING AREA, THEY'RE KIND OF JUST LUMPING IT WITH THE HELIPAD USE AND THEY REQUIRE AN SUP. SO WHAT WAS ON THE ARTICLE WAS THAT THERE WAS ALREADY AN SUP ISSUED FOR A COMPANY OPERATING IT. I THINK IT WAS ALSO WALMART THAT WAS OPERATING. THEY WERE OPERATING AS AN ACCESSORY USE. AND WHAT WAS ON THE NEWSPAPER WAS THAT THEY RENEWED THAT SUP. SO I DON'T THINK THEY'RE REALLY ADDRESSING THE DRONE ASPECT OF IT. THEY'RE KIND OF LUMPING IT TOGETHER IN THE HELIPORT, HELIPAD LAND USE CATEGORY. THANK YOU. YOU'RE WELCOME. THANK YOU.

ANY OTHER ANY OTHER QUESTIONS? I SAW ONE I SAW A FLASHER THERE. WHO WAS MY FLASHER? OKAY. IT FLASHED ON AND OFF. COMMISSIONER DUCKWORTH. I KNOW THIS ISN'T UNDER OUR OR YOUR PURVIEW, BUT I GUESS THE FEDERAL AVIATION WHO TAKES CONTROL ONCE IT LIFTS OFF THE GROUND. IF WE HAVE A RESIDENT WHO DOES HAVE A CONCERN, SHOULD THEY CALL THE CITY OR CALL THE FFA IF THEY'RE COMING OVER THEIR HOUSE TOO LOW OR. I MEAN, WE DON'T KNOW THOSE REGULATIONS. I MEAN, YEAH, FFA.

THEY CAN WE'RE ALWAYS HAPPY TO RECEIVE CALLS, BUT I JUST DON'T KNOW IF WE COULD DO SOMETHING ABOUT IT OTHER THAN IF IT'S A CONSISTENT CONCERN. WE CAN DEFINITELY INFORM OUR LIAISON AT FAA THAT, HEY, THIS IS BECOMING AN ISSUE OR WHOEVER'S OPERATING, IT'S JUST HAVING THAT PARTNERSHIP, RIGHT? SO JUST INFORMING THEM TO BE MORE CAREFUL. BUT AGAIN, WE'RE ALWAYS HAPPY TO GET A CALL. IT'S NOT ALWAYS THAT WE CAN DO SOMETHING ABOUT IT, BUT WHATEVER WE CAN TO CONVEY THE MESSAGE, WE WOULD. WELL, JUST IN CASE SOMEBODY IS LISTENING, I WANTED THEM TO KNOW THAT THAT THERE IS SOMEONE TO GO TO IF WE APPROVE THIS, THAT, THAT WE CAN DIRECT THEM TO THE PERSON BECAUSE WE HAVE NO CONTROL AFTER IT. I'LL BE HAPPY TO LISTEN. LISTEN TO THEIR COMPLAINTS. OKAY. THANK YOU. THAT'S KIND OF AN OPEN INVITATION TO TROUBLE, BUT NO.

COMMISSIONER DALTON, THANK YOU. BECAUSE THE FAA TAKES AUTHORITY OF THE DEVICE ONCE IT LEAVES THE GROUND. MY UNDERSTANDING IS MOST, IF NOT ALL, OF THESE DELIVERIES NEVER LAND TO DELIVER. CORRECT? THEY'RE ALWAYS ABOVE THE AREA. THEY'RE GOING TO DROP THE PRODUCT VIA A CABLE, AND THEY'RE GOING TO DEPART. THEREFORE, AT NO POINT WHEN IT'S NEAR A HOUSE, NO MATTER WHAT THE DECIBEL LEVEL IS, WE HAVE NO AUTHORITY. IT'S ON THE FAA. THE ONLY PLACE THAT THE FAA IS GOING TO REALLY, OR WE'RE GOING TO HAVE AUTHORITY IS AT THE LAUNCH POINT. AND THAT'S WHAT THIS IS ALL ABOUT. WHAT WE'RE DOING TONIGHT IS DETERMINING WHERE THOSE LAUNCH LAUNCH POINTS WILL BE. SO IT KIND OF PUTS EVERYTHING ON THE FEDERAL GOVERNMENT AFTER IT LEAVES THAT LAUNCH PAD. SO WE DON'T HAVE A WHOLE LOT TO SAY AFTER THAT. THAT IS CORRECT. AND I DO HAVE A COUPLE EXAMPLES FROM DIFFERENT OPERATOR MODELS, LIKE WHAT'S THE DISTANCE THAT THEY HAVE LIKE TYPICAL DELIVERY ALTITUDE. AND FOR SOME IT'S 32. FOR SOME IT'S 20, FOR SOME IT'S 28. BUT YES, GENERALLY THEY'RE NOT LANDING ON GROUND WHEN THEY'RE DELIVERING. IT'S THEY'RE ONLY LAUNCHING FROM

[00:30:06]

FROM THE GROUND. RIGHT. SO I WOULDN'T ORDER FINE CHINA TO BE DELIVERED BY DRONE IF I WERE YOU. ALL RIGHT. ANY OTHER COMMENTS? I DON'T KNOW IF YOU ALL HAD A CHANCE, BUT I READ THROUGH THE ORDINANCE, THE SECTION 2.52 38, WHICH I FINALLY FOUND THAT NUMBER, AND IT IS PRETTY THOROUGH. THE RESTRICTIONS AND THE REQUIREMENTS THAT THEY HAVE PUT ON THESE DRONES. SO HERE WE ARE PRETTY MUCH INVENTING THE WHEEL. USUALLY WE CAN GO TO OTHER CITIES AND BORROW SOME OF THEIR LANGUAGE, BUT WE'RE INVENTING THE WHEEL HERE. AND SO YOU ALL HAVE DONE A GOOD JOB. THANK YOU. AND MY ONLY SUGGESTION IS THIS IS FOR PRIMARY USE. AND IF DEVELOPMENT SERVICES WANTS ANOTHER JOB, THEY COULD LOOK AT ACCESSORY USE AND SOME OF THAT.

BUT I THINK THIS NEEDS TO GO GO FORWARD TO COUNCIL. DO I HEAR A MOTION. MR. CHAIR, COMMISSIONER DALTON, I'D LIKE TO MAKE A MOTION. WE CLOSE THE PUBLIC HEARING AND FORWARD THIS TO CITY COUNCIL WITH OUR RECOMMENDATION OF APPROVAL. SECOND. MOTION BY COMMISSIONER DALTON. SECOND BY COMMISSIONER DUCKWORTH. THE MOTION IS TO APPROVE. THAT PASSES UNANIMOUSLY. ALL RIGHT.

THAT WAS THE LAST ITEM ON OUR AGENDA. AND IT IS NOW 701. SO WE ARE ADJOURNED UNTIL OUR

* This transcript was compiled from uncorrected Closed Captioning.