3. Approve the following bids:

[14. Consider a request by Wikkibear LLC, requesting approval of a Specific Use Provision (SUP) for a Food Processing and Storage use on property zoned Industrial (IN). The site is located at 2740 Oakland Street in District 5.]

WE'LL MOVE ON TO ITEMS FOR INDIVIDUAL CONSIDERATION. MADAM SECRETARY, WOULD YOU PLEASE READ THE SPEAKER GUIDELINES FOR US ON THIS? YES, SIR. THANK YOU FOR THE OPPORTUNITY TO SPEAK, GIVEN TO PROVIDE TESTIMONY RATHER THAN TO QUESTION THE CITY COUNCIL OR STAFF. THE CHAIRMAN CALLS SPEAKER OUT OF ORDER AS THE SPEAKER PRESENTS QUESTIONS OR REQUESTS FOR INFORMATION THAT WILL UNDULY DELAY THE TRANSACTION OF BUSINESS OF THE MEETING. SPEAKER SHALL BE ALLOWED TO SPEAK ON A FIRST COME, FIRST TO SPEAK BASIS, AS DETERMINED BY THE ORDER IN WHICH THE CITY SECRETARY RECEIVES THE SPEAKER' INFORMATION. APPLICANTS ARE ALLOWED TEN MINUTES FOR PRESENTATIONS, AND ALL OTHER SPEAKERS WILL BE ALLOWED THREE MINUTES TO SPEAK.

WHEN THE PODIUM BUZZER SOUNDS, THE SPEAKER MAY SEND THEIR COMMENTS. THANK YOU MA'AM, IF ANYONE WISHES TO SPEAK ON ANY ITEMS AND HAVEN'T SIGNED UP TO SPEAK YET, YOU CAN DO SO OVER THE SECRETARY, OVER TO YOUR RIGHT OVER THERE. OUR FIRST ITEM FOR INDIVIDUAL CONSIDERATION IS ITEM NUMBER 14. CONSIDER A REQUEST BY WIKI BEAR, LLC REQUESTING APPROVAL OF A SPECIFIC USE PROVISION FOR A FOOD PROCESSING AND STORAGE USE ON PROPERTY ZONED INDUSTRIAL.

THE SITE IS LOCATED AT 2740 OAKLAND STREET IN DISTRICT FIVE. THANK YOU, MR. MAYOR. AS YOU MENTIONED, THIS IS A REQUEST FOR A SPECIFIC USE PROVISION FOR A FOOD PROCESSING AND STORAGE USE ON A PROPERTY ZONED INDUSTRIAL. A LITTLE BACKGROUND ON THIS REQUEST. THIS SITE IS CURRENTLY OCCUPIED WITH A VACANT BUILDING. THE PROPERTY WAS PREVIOUSLY OWNED AND OPERATED BY DAISY BRANDS FOR 29 YEARS WITH THE SAME USE. FOOD PROCESSING AND STORAGE. BACK AT THAT TIME, WE DIDN'T REQUIRE AN SCP FOR THAT USE. THAT'S WHY THEY EXISTED WITHOUT ONE. I WAS TRYING TO LOOK AT. WHEN THAT BUSINESS CEASED OPERATION ON THE SITE, BUT WHAT WE COULD TELL FROM GOOGLE IMAGERY IN OCTOBER OF 2016, THEIR SIGN WAS STILL THERE. BUT THEN MARCH OF 2019, THAT SIGN WAS GONE. SO BETWEEN 2016, LATE 2016 AND EARLY 2019, DAISY BRAND CEASED OPERATION ON THAT SITE. THE BUSINESS THAT IS PROPOSING TO COME IN IS AMERICAN PRODUCE AND REPACK. THEY ALREADY HAVE A SITE IN GARLAND NOT TOO FAR FROM THIS PROPOSED SITE. IT'S THAT ONE IS LOCATED AT 20 717 MARKET STREET. THIS PROPOSED SITE IS LOCATED AS 27 2740 OAKLAND STREET. AS THE MAYOR MENTIONED, APPLICANT IS LLC. THE OWNER IS JASON LABARBA. THE SITE IS APPROXIMATELY ONE ACRE AND ZONING IS INDUSTRIAL. THE BUILDING IS 21,000 SQUARE FOOT. AS YOU CAN SEE, THE ZONING ON THE SITE IS INDUSTRIAL AND IT IS SURROUNDED BY ALL INDUSTRIAL, ZONING AND INDUSTRIAL USES IN THE SURRODING AREAS. THE COMPREHENSIVE PLAN CALLS THIS AREA OUT AS INDUSTRIAL CENTER

[00:20:07]

THAT PROVIDES A CLUSTER OF TRADE AND INDUSTRY THAT CUMULATIVELY EMPLOY LARGE NUMBERS OF PEOPLE.

THIS USE IS VERY COMPATIBLE WITH THAT FUTURE LAND USE CLASSIFICATION. HERE WE HAVE SOME SITE PHOTOS, VIEW OF THE BUILDING AND THE SITE, SURROUNDING AREAS. HERE WE HAVE A GOOGLE AERIAL IMAGE AND AN AS BUILT AS BUILT PLAN OF HOW THE SITE IS CURRENTLY DEVELOPED. I DO WANT TO MENTION THAT BEFORE THE CERTIFICATE OF OCCUPANCY IS ISSUED FOR THIS USE, WE WILL NEED TO ADDRESS THE PARKING ISSUE ON THIS SITE WITH AN ALTERNATIVE COMPLIANCE PROCESS.

SO THE GDC REQUIRES ONE PARKING SPACE PER 1000 SQUARE FOOT OF THE BUILDING, PLUS FIVE VISITOR PARKING SPACES WHICH WOULD MAKE THE PARKING REQUIRED NUMBER OF PARKING SPACES ON THIS SITE TO BE 26. THE GDC ALSO HAS ANOTHER OPTION TO HAVE ONE PARKING SPACE PER EMPLOYEE AT MAXIMUM SHIFT, BUT IT DOES REQUIRE WHICHEVER ONE IS HIGHER OF THOSE TWO OPTIONS. THAT'S WHAT WE NEED TO GO WITH. SO TECHNICALLY THE GDC REQUIRES 26 PARKING SPACES, BUT WE HAVE CONFIRMED WITH THE APPLICANT THE APPLICANT CAN SPEAK TO THAT AS WELL. THERE ARE EIGHT EMPLOYEES ALL WORKING AT THE SAME TIME, ONE SHIFT AT A TIME ON THIS SITE. AND THERE ARE EIGHT PARKING SPACES. SO THEY HAVE CONFIRMED THAT THAT PARKING NUMBER OF PARKING WILL BE ADEQUATE FOR THEIR OPERATION.

AND THERE THEY HAVE CONFIRMED THEY DON'T ANTICIPATE ANY VISITORS AS WELL. AS THE STAFF RECOMMENDATION IS APPROVAL FOR 25 YEARS. AS YOU SAW ON THE SITE, THE SITE IS FULLY PAVED.

THERE'S NOT NECESSARILY ANY PLACE TO INSTALL TRUE LANDSCAPING, BUT WE DO RECOMMEND THAT THE APPLICANT PUT IN TWO PLANTERS AND PLANT SOME DISEASE RESISTANT XERISCAPE PLANTING AND THOSE PLANTERS AS PART OF A SMALL BEAUTIFICATION EFFORT ALONG THE STREET. PLAN COMMISSION CONCURRED WITH THAT RECOMMENDATION. THE AS YOU GUIDE TIMELINE GUIDE DOES PROVIDE 20 TO 25 YEARS AS WELL. RESPONSE LETTERS. WE HAVE RECEIVED FOUR RESPONSES, ALL IN FAVOR AMONGST THOSE TWO ARE IN FAVOR AND TWO ARE FROM WITHIN THE NOTIFICATION AREA AND TWO ARE FROM O OUTSIDEF THE NOTIFICATION AREA. ALL OF THEM SEEM. THERE WAS A COMMENT ABOUT THE USES VERY COMPATIBLE.

SO PEOPLE WHO RESPONDED, THEY ALL THOUGHT THIS IS A COMPATIBLE USE AND THE ZONING SHOULD BE APPROVED. WITH THAT I'M AVAILABLE FOR QUESTIONS. COUNSELOR, ARE THERE ANY QUESTIONS OF STAFF ON THIS ITEM? COUNCILMEMBER WILLIAMS OH, CAN I HOLD UNTIL THE APPLICANT OKAY.

YES. YEAH. ANY OTHER QUESTIONS, STAFF ON THIS ITEM. THANK YOU VERY MUCH. MADAM SECRETARY. IS THE APPLICANT HERE? YES, SIR. HUGH PENDER AND JASON LABARBA. ALL RIGHT. AS A REMINDER, APPLICANTS, THEY HAVE TEN MINUTES TO SPEAK, AND ANYONE ELSE WISHING TO SPEAK WILL HAVE THREE MINUTES. AND AFTER THE OTHER COMMENTS, IF THERE ARE ANY, THEN THE APPLICANT WILL HAVE A REBUTTAL PERIOD AS WELL. SO IF YOU WOULD, SIR, NAME AND ADDRESS FOR THE RECORD AND YOU HAVE TEN MINUTES FOR PRESENTATION. CAN YOU HEAR ME? OKAY I CAN YES OKAY. CALLED MASTER PLAN OR ONE MAIN STREET IN DALLAS, TEXAS 75201. AND I AM REPRESENTING MR. LAMAR HERE THIS EVENING. SO HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU. PULL YOUR MICROPHONE UP CLOSER TO YOU. THERE YOU GO. IS THAT BETTER? OKAY. YOU NEED ME TO GO THROUGH THAT ONE MORE TIME? OKAY. NO, NO, I'LL LET MR. LABARBA INTRODUCE HIMSELF AS WELL. HI. JASON. LABARBA, 2740 OAKLAND AVENUE. GARLAND. THANK YOU. ALL RIGHT. I THINK THE ONLY THING THAT WE WANTED TO ADDRESS IS IN THE STAFF REPORT. IT MENTIONED THERE WAS A PARKING ISSUE. SO I JUST WANTED TO SET YOUR I THINK THE PARKING REQUIREMENTS SUGGEST THAT THERE'S AN ISSUE, BUT MR. BARBA'S COMPANY CURRENTLY EMPLOYS EIGHT PEOPLE AT THE LOCATION ON MARKET STREET. AND SO I THINK THAT'S RIGHT AT THE PARKING NUMBER, HE IS NOT INTENDING TO CLOSE THE EXISTING LOCATION. HE'S GOING TO USE THIS AS OVERFLOW. SO AT MAXIMUM THEY WORK ONE SHIFT. THEY'VE GOT EIGHT TOTAL EMPLOYEES, SO PROBABLY FOUR AT THE MAX OVER HERE. BUT WE UNDERSTAND THAT THAT YOUR REGULATIONS ARE WHAT THEY ARE. SO WE'RE HAPPY TO GO THROUGH WHATEVER PROCESS THAT NEEDS TO WORK THAT OUT. BUT I DIDN'T LIKE HOW THAT WAS RENTED AT A PARKING ISSUE BECAUSE

[00:25:03]

THERE'S NOBODY THERE YET. AND THE'S NOT AN ISSUE TO BE DETERMINED AT THIS P POINT. BU ANYWAY, THANK YOU. COUNCIL, ARE THERE ANY QUESTIONS? SPEAKER. MAYOR PRO TEM LUCK. HI. THANK YOU FOR COMING TONIGHT. WHAT ARE YOUR THOUGHTS ON THE LANDSCAPING? I GUESS THE XERISCAPE PLANTERS. WE'RE DEFINITELY GOING TO HAVE SOME FORM OF BEAUTIFICATION PROCESS TO THE BUILDING, CLEANING, YOU KNOW, PAINTING AND DOING SOME FORM OF PLANTING. I'M NOT SURE EXACTLY WHAT WE'D I'D LIKE TO PUT A TREE OUT THERE, BUT OBVIOUSLY THERE'S NO PLACE TO PUT IT. SO WE ARE GOING TO GET SOME PLANTERS AND, AND HAVE SOME NICE LANDSCAPE OUT THERE FOR US.

THANK YOU. YES. SO THANK YOU, MA'AM. COUNCIL MEMBER DUTTON. HI. I CAN APPRECIATE YOUR EAGERNESS AND WILLINGNESS TO BEAUTIFY THE BUILDING. COUNCIL MEMBER ELECT AND I BOTH HAVE THAT AREA I FEEL LIKE ON MY SIDE AND ON DISTRICT FIVE SIDE IS KIND OF LACKING IN THE ESTHETICS. SO WE CAN DEFINITELY APPRECIATE THAT. DO YOU HAVE ANY PLANS ON EXPANDING YOUR BUSINESS? I KNOW YOU SAID IT WAS GOING TO BE AN OVERFLOW. CURRENTLY. RIGHT NOW IT'S A PLACE FOR US TO STORE OUR EXCESS PRODUCT. AND, YOU KNOW, WE'RE IN THE FOOD BUSINESS. AND SO WE'RE NOT SURE WHERE OUR BUSINESS IS GOING WITH, WITH EVERYTHING THAT'S GOING ON. BUT WE JUST WANT TO BE READY AND WE NEED A LITTLE MORE SPACE. THIS SPACE IS A LITTLE BIT REALLY MORE THAN WHAT WE NEEDED, BUT IT WAS THE CLOSEST PLACE AVAILABLE FOR US TO CONDUCT OUR BUSINESS AND BEING IN TWO PLACES AND IDEAL. BUT WE FELT LIKE BEING AROUND THE CORNER FROM, FROM EACH OTHER WAS AS GOOD AS IT WAS GOING TO GET FOR US. AND WE LOVE BEING IN GARLAND, BY THE WAY WE WERE BEFORE. WE'VE WE'VE BEEN IN DALLAS AND WE'RE VERY HAPPY TO BE IN, IN GARLAND AND REALLY ENJOY DOING BUSINESS HERE TOO. PERFECT. WELL, GARLAND IS HAPPY TO HAVE YOU. SO THANK YOU. WE'RE GLAD THAT YOU CHOSE THE SECOND LOCATION AND STILL STAYED IN OUR CITY, SO WE APPRECIATE YOU.

THANK YOU. THANK YOU MA'AM. ANYONE ELSE ON COUNCIL? COUNCILMEMBER WILLIAMS, I KNOW YOU JUMPED IN THERE AT THE BEGINNING. WOULD YOU LIKE TO SPEAK NOW FOR STAFF AND FOR YOU? PLEASE GO RIGHT AHEAD, SIR. WHICH ONE WOULD YOU LIKE FIRST? OKAY. IN YOUR STAFF REPORT. YOU YOU YOU SURFACED THE PARKING ISSUE. BUT FROM WHAT I'M HEARING, THERE'S NOT REALLY AN ISSUE. SO WE. CAN YOU CLARIFY THAT? IS THERE AN ISSUE OR IS IT NOT AN ISSUE. SO THE ISSUE IS THE TECHNICALITY OF THE GDC. SO TECHNICALLY THE GDC REQUIRES 26 PARKING SPACES OR EIGHT PARKING WHICHEVER ONE'S HIGHER. SO OBVIOUSLY 26 IS HIGHER THAN EIGHT. SO THAT'S WHAT THE GDC TECHNICALLY REQUIRES. BUT AS WE EVALUATE THIS SITE, WE SPOKE TO THE APPLICANT, WE EVALUATE THE BUSINESS AND ANALYZE WHAT THEY'RE GOING TO NEED. WE BELIEVE EIGHT IS ENOUGH. WHAT THEY HAVE RIGHT NOW, IT'S BEFORE THEY GET THEIR CERTIFICATE OF OCCUPANCY FOR US TO FORMALLY DOCUMENT THAT THEIR EIGHT PARKING SPACES ARE OKAY FOR THEIR CURRENT OPERATION, WE'RE GOING TO HAVE THEM SUBMIT FOR AN ALTERNATIVE COMPLIANCE PROCESS. AND THAT'S ADMINISTRATIVE. WE CAN DO IT ON OUR END, BUT WE WANTED TO BRING THAT UP TO CITY COUNCIL. IT'S AGAIN, IT'S NOT AN ISSUE, BUT IT'S A MATTER THAT WILL NEED TO BE ADDRESSED BEFORE THE CERTIFICATE OF OCCUPANCY IS ISSUED. SO IF I UNDERSTAND THAT RIGHT BEFORE THE CERTIFICATION OF OCCUPANCY IS, IS DONE, ALL OF THAT, THAT ISSUE OF PARKING HAS TO BE RESOLVED, RIGHT? IT HAS TO BE RESOLVED. BUT IT IS WE ARE CONFIDENT THAT WE'LL BE ABLE TO PROVIDE WHAT THEY NEED, AND IT WILL JUST BE A FORMAL PROCESS.

THAT'S IT. RIGHT? RIGHT. WITH THE APPROVAL OF THE EIGHT SPACES THAT THEY'RE TALKING ABOUT.

RIGHT? CORRECT. OKAY. I JUST I JUST I KNOW HOW HOW TECHNICAL. I JUST WANTED TO SAY EITHER IT IS OR IT'S NOT. IN REALITY IT WE DON'T THINK IT'S AN ISSUE. OKAY. OKAY, OKAY. THAT'S WHAT I WANTED YOU TO GET TO. THANK YOU, MR. MAYOR. THANK YOU SIR. YES, SIR. COUNCIL. ANY OTHER QUESTIONS? MADAM SECRETARY, IS THERE ANYONE ELSE WHO WISHES TO SPEAK ON THIS ITEM? NO, SIR. ALL RIGHT THEN, DEPUTY OR. EXCUSE ME, MAYOR PRO TEM, THIS IS YOUR DISTRICT. THANK YOU. MAYOR. MOTION TO APPROVE THE PLAN AS PRESENTED. I HAVE A MOTION BY MAYOR PRO TEM LUCK AND A SECOND BY COUNCIL

[00:30:06]

MEMBER DUTTON. IS THERE ANY DISCUSSION ON THIS ITEM? ALL RIGHT, MADAM SECRETARY, IF YOU PLEASE, PREPARE THE VOTE FOR US. COUNCILMEMBER. I DON'T KNOW VOTING OPTION. I THINK. AND COUNCIL I'LL ASK WHILE THE IT COMES UP HERE. OH. SORRY I SEE. AND THAT ITEM IS PASSED UNANIMOUSLY. THANK YOU VERY MUCH. KEPT YOU IN SUSPENSE THERE FOR A WHILE. THANK YOU FOR PASSING IT. WE TAKE THE BUILDING, IT'S DAISY BRANCH BUILDING, AND WE'RE REAL HAPPY TO BE REPRESENTING THE HISTORY OF THAT TOO, SO WE DON'T TAKE THAT LIGHTLY. THANK YOU GUYS.

WE'RE HAPPY TO HAVE YOU IN GARLAND. THANK YOU VERY MUCH. ALL RIGHT. WE'LL MOVE ON TO OUR

[15. Consider a request by Crafton Communications, Inc., requesting approval of 1) a Specific Use Provision (SUP) for an Antenna, Commercial Use 2) a Planned Development amendment to include a deviation related to the required distance from a residential district boundary line and 3) a Concept Plan for an Antenna, Commercial Use, on a property zoned with a base zoning of Community Office (CO) District. The site is located at 4413 Naaman School Road in District 1.]

NEXT ITEM FOR INDIVIDUAL CONSIDERATION. IT'S ITEM NUMBER 15. CONSIDER A REQUEST BY CRAFTON COMMUNICATIONS INC. REQUESTING APPROVAL OF ONE A SPECIFIC USE PROVISION FOR AN ANTENNA COMMERCIAL USE, AND TWO, A PLANNED DEVELOPMENT AMENDMENT TO INCLUDE A DEVIATION RELATED TO THE REQUIRED DISTANCE FROM A RESIDENTIAL DISTRICT BOUNDARY LINE. AND THREE A CONCEPT PLAN FOR AN ANTENNA. COMMERCIAL USE ON A PROPERTY ZONED WITH BASE ZONING OF COMMUNITY OFFICE DISTRICT. THE SITE IS LOCATED AT 4004 13 NATION SCHOOL ROAD IN DISTRICT ONE. THANK YOU, MR. MAYOR. A LITTLE BIT OF BACKGROUND. EARLIER THIS YEAR, CITY COUNCIL APPROVED A GDC AMENDMENT REGARDING COMMERCIAL ANTENNAS, WHICH NOW REQUIRES AN SCP FOR ALL ALL NEW COMMERCIAL ANTENNAS. IN THE PAST, THE SCP WAS REQUIRED IF THEY WERE WITHIN A CERTAIN DISTANCE OF EACH OTHER. I BELIEVE IT WAS 5000FT OF ANOTHER COMMERCIAL ANTENNA. WE HAD REMOVED THAT REQUIREMENT, BUT THE GDC NOW REQUIRES AN SCP FOR ALL OF THEM, WHICH IS PART OF THIS REQUEST. ON THE OTHER HAND, THE GDC STILL REQUIRES THAT THE STRUCTURE MAINTAINS A DISTANCE OF THREE TIMES ITS HEIGHT FROM ITS NEAREST RESIDENTIAL DISTRICT BOUNDARY. IN THIS PARTICULAR INSTANCE, THE STRUCTURE IS 85FT, WHICH TRIGGERS A DISTANCE REQUIREMENT OF 255FT FROM RESIDENTIAL DISTRICT BOUNDARY, WHICH TECHNICALLY THIS IS WITHIN THE. THIS PROPOSED STRUCTURE WILL BE WITHIN 255FT. THAT'S WHY THE PD AMENDMENT IS COMING INTO PLACE. AND THE CONCEPT PLAN IS JUST THE GENERAL CONCEPT PLAN THAT WILL BE ASSOCIATED WITH THE SCP. THE APPLICANT IS CRAFTON COMMUNICATIONS OWNERS BRAND NEW BUSH LIMITED. THE ACREAGE OF THE PROPERTY IS 0.22 AND THE PROPERTY IS ZONED PLAN DEVELOPMENT WITH A COMMUNITY OFFICE SPACE. ZONING. AS YOU CAN SEE, THE PROPERTY IS CURRENTLY ZONED COMMUNITY OFFICE. THERE'S NOT REALLY IT IS A PD FROM 1987.

THERE'S NOT NECESSARILY A LOT OF GUIDELINES IN THAT PD. IT'S IT IS AN OLD PD. IT IS SURROUNDED BY THAT SAME PD ON ALL THREE SIDES EXCEPT FOR THE NORTHEAST SIDE WHICH IS IN THAT SIDE. IT IS ABUTTING AND AGRICULTURAL DISTRICT. AGRICULTURE AND AGRICULTURAL ZONING DISTRICT IS CONSIDERED A RESIDENTIAL ZONING DISTRICT FOR THE GDC, AND THAT IS WHERE THE DISTANCE DEVIATION REQUEST IS COMING FROM AS WELL. I DO WANT TO MENTION WHAT YOU SEE HERE IN GREEN TO THE NORTHEAST SIDE OF THE TEAL. HIGHLIGHTED OUTLINED ZONING AREA. REQUEST. ALL OF THAT IS ENTIRELY OR MOSTLY COVERED IN FLOODPLAIN AND TREES. IT IS UNLIKELY, ALTHOUGH TECHNICALLY IT IS ZONED AGRICULTURAL. TECHNICALLY IT IS CONSIDERED A RESIDENTIAL DISTRICT FOR GDC. IT IS UNLIKELY THAT A RESIDENTIAL DEVELOPMENT WILL BE CONSTRUCT WILL BE DEVELOPED IN THOSE PARCELS. THE COMP PLAN DESIGNATES THIS AREA AS PARKS AND OPEN SPACE. AS MENTIONED, THIS AREA HAS MAJOR FLOODPLAIN AND IT HAS BEEN DEEMED MOSTLY UNDEVELOPABLE AND WOULD PROBABLY REMAIN AS GREEN AND OPEN SPACE. HERE ARE SOME VIEW OF THE SUBJECT PROPERTY FROM RAND ROAD LOOKING EAST TOWARD NEIMAN SCHOOL ROAD. SOME OTHER PHOTOS FROM SURROUNDING SURROUNDING AREAS. HERE WE HAVE THE CONCEPT PLAN IN THE HATCHED AREA THAT YOU SEE IN THE MIDDLE OF THE

[00:35:06]

GREEN. THAT'S WHERE. AND YOU SEE THE STRUCTURE THAT IS BEING PROPOSED THERE. THE HEIGHT PROPOSED IS 85. ACCESS IS GOING TO BE OFF OF A DRIVEWAY FROM RAND ROAD. THE REQUIRED 16 FOOT LANDSCAPE BUFFER. THE APPLICANT HAS COMMITTED TO PROVIDE THAT. THEY ARE ALSO PROPOSING AN EIGHT FOOT TALL MASONRY WALL AROUND THE ANTENNA SITE AND THE EQUIPMENT YARD. THE GDC ONLY REQUIRES SIX, SO THAT'S A PLUS AS WELL. THIS CONCEPT PLAN ALSO PUTS A RADIUS ON WHAT THE 255 REQUIRED DISTANCE WOULD LOOK LIKE. THE BIG CIRCLE THAT YOU SEE. AND AS YOU CAN SEE, THE NORTHEAST SIDE, THE HEAVILY TREED AREA IS WITHIN 255FT, BUT MEASURING FROM THE STRUCTURE TO THE BOUNDARY OF THAT IT IS 103FT. SO THE PD AMENDMENT REQUEST IS TO REDUCE THAT DISTANCE REQUIREMENT FROM 255 TO 100FT. THE SUP TIME PERIOD GUIDELINE DOES RECOMMEND 20 TO 30 YEARS. INITIALLY, STAFF RECOMMENDATION WAS TO SIMPLY COMPLY WITH THAT. HOWEVER, THE APPLICANT DID BRING IN A UNIQUE PERSPECTIVE DURING THE PLANNING COMMISSION MEETING. THEY WANTED THE TIME PERIOD TO BE ALIGNED WITH THEIR LEASE AGREEMENT, WHICH WE CAN SEE HOW THAT WOULD BE A GOOD THING TO HAVE TO HAVE THE APPROVAL, THE SUP APPROVED FOR THE SAME AMOUNT OF YEARS THAT THEY HAVE FOR THEIR LEASE PERIOD. SO WE DON'T HAVE ANY ISSUES WITH THAT BECAUSE PLAN COMMISSION DID RECOMMEND APPROVAL FOR 50 YEARS. RESPONSE LETTERS. WE ONLY GOT ONE AND THAT IS FROM OUTSIDE OF THE NOTIFICATION AREA. THE COMMENT DID SAY SOMETHING ABOUT BEING IN FAVOR. IF THIS IS INCORPORATED WITHIN AN OFFICE TYPE DEVELOPMENT, WE WEREN'T TOO CLEAR WHAT THAT MEANT. WE DO THINK THIS IS THIS SITE HAS VERY LOW POTENTIAL OF EVER BEING DEVELOPED WITH A BUSINESS OR OFFICE TYPE STRUCTURE, DUE TO THE FLOODPLAIN AND THE SIZE AND SHAPE OF THE SITE. WITH THAT, I'M AVAILABLE FOR QUESTIONS. COUNCIL MEMBER DUTTON. THERE YOU GO. CAN YOU CAN YOU GO BACK TO THE MAP THAT SHOWS THE. YEAH. SO THIS CIRCLE IS THE 250FT, CORRECT? CORRECT. AND THERE ARE BUSINESSES WITHIN THIS 250FT. CORRECT. THERE ARE SOME PROPERTIES. YES, BUT NOT ALL OF THEM ARE REQUIRED TO HAVE 250FT DISTANCE. ONLY NORTHEAST DOES.

OKAY. BUT WITHIN THAT 250FT THAT OUR CDD OR GDC REQUIRES THEIR BUSINESSES WITHIN THAT 250FT, I DON'T REALLY SEE ANY ACTIVE BUSINESSES. THIS IS NOT NECESSARILY A DEVELOPED AREA.

WHICH WHICH SITE, WHICH AREA ARE YOU TALKING ABOUT? IT IS MOSTLY THERE'S A DENTIST OFFICE IN THIS CIRCLE TO THE NORTH. YEAH, TO THE NORTH WEST. OKAY. ON THIS SIDE. CAN YOU SEE MY. YES. HERE.

SO OKAY. SO THAT'S WHERE. SORRY I DON'T KNOW. LEFT OR RIGHT. NORTH AND SOUTH OKAY. SO KNOW THAT. BUT I WANTED TO CLARIFY IS THAT OFFE IS NOT SUBJECT TO THE 255FT DISTANCE REQUIREMENT.

ONLY THIS AREA IS SUBJECT TO THE 250FT BECAUSE THAT IS ZONED AGRICULTURAL. ALL OF THESE ARE ZONED PD 80 7-1, WHICH IS COMMUNITY OFFICE. OKAY. BUT SO THERE'S NO BUSINESSES WITHIN THE CIRCLE. THAT IS WHAT I'M GETTING AT, BECAUSE THE REASON WHY WE HAVE THE 250 FOOT RADIUS IS BECACAUSE OF POTENTIAL RADIATION THAT CELL TOWERS EMIT. CORRECT? NOT NECESSARILY. THE REQUIREMENT IS FOR RESIDENTIAL. OKAY. COUNCIL, I'LL LET OUR CITY ATTORNEY JUMP IN ON THIS ITEM I'M TRYING TO FIGURE OUT. WELL, WE CAN'T CONSIDER YOU CAN'T CONSIDER HEALTH IMPACTS WHEN YOU'RE CONSIDERING THE APPROVAL OF CELL TOWERS. THAT'S SOMETHING THAT FEDERAL LAW HAS PREEMPTED YOU ON. SO THAT'S FINE I WOULD SORRY, MAYBE I WORDED IT INCORRECTLY. I WAS TRYING FOR VERIFICATION. I'M NOT THE LAUGHING THING. OKAY, SO THERE'S OKAY, WHATEVER. IT'S FINE.

NEVERMIND. OKAY. THANK YOU. I CAN. SO THIS I DO WANT TO MENTION, IF I MAY JUST FOR A MOMENT, I BELIEVE YOU'RE LOOKING AT IF YOU GO BACK TO THAT MAP, THE PROPERTY TO THE WEST THERE

[00:40:04]

IS VACANT. THERE'S AN OPEN SPACE BETWEEN THE DENTIST OFFICE AND THIS SITE. THAT SITE WAS EVER TO BE RIGHT. THAT LITTLE SMALLER WAS ABLE TO BE DEVELOPED. IT WOULD BE WITHIN THAT 255 FOOT CIRCLE. BUT THAT IS NOT AN ISSUE BECAUSE THAT'S NOT A RESIDENTIAL ZONE. RIGHT? OKAY. SO WE'RE NOT OKAY IF IT FALLS ON A HOUSE, BUT WE'RE OKAY IF IT FALLS ON A BUSINESS. THAT'S WHAT I'M TRYING TO MAKE. THAT DOESN'T MAKE SENSE TO ME. SO I'M TRYING TO UNDERSTAND IF WE'RE WORRIED, IF IT'S RESIDENTIAL, WHAT IS THE DIFFERENCE IF IT FALLS ON A HOUSE VERSUS IF IT FALLS ON A BUSINESS? IS THAT CRAZY TO LIKE I MEAN, WELL, WE'LL LET THE APAPPLICANT COME AND EXPLAIN THT PORTION OF IT. BUT 250 FOOT IS THREE TIMES THE HEIGHT OF THE STRUCTURE ITSELF AS WELL, RIGHT? IT'S OUR RULE. OUR RULE IS 250. IT IS IT'S THE GDC. SO THE GDC STATES 250. AND SO THAT'S THE RULE. NOW AS FAR AS IF Y'ALL THINK THAT'S A BAD POLICY, IF COUNSEL IN THE FUTURE WANTS TO DISCUSS WHETHER THAT'S A BAD POLICY, THEN WE CAN DISCUSS THAT AT A FUTURE MEETING. BUT THIS PARTICULAR ITEM HASN'T BEEN POSTED FOR THAT. I MEAN, I'M NOT QUESTIONING IF IT'S A GOOD POLICY OR NOT. I'M JUST ASKING FOR CLARIFICATION. IF OUR POLICY IS 250FT, AND WE'RE SAYING THAT IT IS BECAUSE OF RESIDENTIAL, I'M TRYING TO UNDERSTAND WHY LIKE, AGAIN, THAT'S SOMETHING THAT'S A CONVERSATION TO BE HAD FOR ANOTHER MEETING. OKAY. THANK YOU. THANK YOU MA'AM. COUNCIL MEMBER THOMAS. SO WE THE PREVIOUS APPLICANT TALKED ABOUT ADDING PLANTS AND FLOWERS AND BEAUTIFYING THE THING. IS THERE ANY PLAN FOR THIS TOWER TO BE SO BEAUTIFIED? I WAS OUT IN CALIFORNIA AND THEIR TOWERS ALL EITHER LOOK LIKE PALM TREES BECAUSE THERE'S FAKE FRONDS ON IT, OR PINE TREES BECAUSE THERE'S FAKE NEEDLES. IS THERE ANY ANY THOUGHT OF, I DON'T KNOW, BEAUTIFYING THE TOWER, MR. MAYOR. YES, SIR. I WOULD ENCOURAGE THE COUNCIL NOT TO CONSIDER ANY OTHER OPTIONS THAT MAY BE AVAILABLE TO THEM, BECAUSE IT COULD LEAVE THE IMPRESSION TO THE DEVELOPER OR THE APPLICANT THAT THEY'RE. YOUR APPROVAL OF THIS ITEM IS CONTINGENT ON THEM DOING SOMETHING OUTSIDE THE REQUIREMENTS OF THE GDC. AND I WOULD NOT WANT THE APPLICANT TO FEEL THAT WAY. SO I DO NOT ENCOURAGE THAT. THE COUNCIL, AS YOU KNOW, REDESIGN THESE STRUCTURES OR BUILDINGS AS THEY COME BEFORE YOU ALL HERE AT THE HORSESHOE. THANK YOU SIR, I'LL WITHDRAW MY QUESTION. THANK YOU SIR. COUNCILMEMBER THOMAS, ANY OTHER QUESTIONS? THAT'S ALL SIR. THANK YOU, THANK YOU, COUNCILMEMBER BASS. THANK YOU.

MAYOR. I'M ASSUMING WE'VE CLEARED THE BOARD. NOT YET SIR, I'LL GO LAST. OKAY. WE'LL GO TO DEPUTY MAYOR PRO TEM. ALL RIGHT. THANK YOU, MR. MAYOR. WE HAD A LOT OF CELL TOWERS THAT WE APPROVED ON THE PLANNING COMMISSION OVER THE YEARS. AND ONE OF THE THINGS IS THAT TECHNOLOGY HAS CHANGED QUITE A BIT. AS FAR AS THIS MAY OR MAY NOT. I'M SURE THE APPLICANT CAN SPEAK ON THIS. THE TECHNOLOGY THAT WILL BE EMPLOYED INTO IT, AS TO THE MECHANISMS THAT MAY BE A SELF COLLAPSING TOWER OR SOMETHING ALONG THOSE LINES. BUT WHAT WE HAVE AS FAR AS THE RADIUS, IT'S A LITTLE BIT ANTIQUATED. AND I KNOW THAT THAT NEEDS TO BE AT ANOTHER TIME THAT WE NEED TO SPEAK ON THAT. BUT I, I WOULDN'T FIND ANY DISCOMFORT IN THE IN WHAT'S BEING ASKED ON THIS, BUT I'D LIKE TO HEAR THE APPLICANT SPEAK ON IT. THANK YOU. THANK YOU SIR. ANY OTHER QUESTIONS OF STAFF ON THIS ITEM? ALL RIGHT. THANK YOU VERY MUCH. MADAM SECRETARY. IS THE APPLICANT HERE? I BELIEVE SO, SIR. ALL RIGHT. SIR, GIVE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU'LL HAVE TEN MINUTES. GOOD EVENING. I'M DOUG HENDERSON, 3602 LAKE CHAMPLAIN, ARLINGTON, TEXAS, 76 016. I, REPRESENTING CRAFTON COMMUNICATIONS AND CRAFTON, IS REPRESENTING COMMUNICATIONS TOWER GROUP WHO HAS THE LEASEHOLD ON THIS PROPERTY FOR 50 YEARS TO CONSTRUCT THIS TOWER, I'LL BE QUICK. I WANT TO TELL YOU HOW MUCH WE APPRECIATE THE HELP FROM YOUR VERY PROFESSIONAL PLANNING STAFF AND YOUR VERY PROFESSIONAL ENGINEERING DEPARTMENT. ENGINEERING DEPARTMENT HELPED US FIGURE OUT HOW TO PUT SOMETHING ON THIS SITE WITHOUT TOUCHING THE FLOODWAY. EVERYONE BELIEVED, INCLUDING APPRAISERS DOWNTOWN DALLAS, THAT THIS PROPERTY IS ONLY WORTH $200 BECAUSE ABOUT ALL YOU COULD PUT ON IT RETAIL

[00:45:09]

WOULD BE A SNOW CONE STAND. SO WE DO APPRECIATE THE EFFORTS OF YOUR VERY PROFESSIONAL STAFF. WE CONCUR WITH THEIR FINDINGS, AND CERTAINLY WE APPRECIATE THE UNANIMOUS RECOMMENDATION OF THE PLANNING COMMISSION. NOW, I'M I'LL ANSWER ALL THESE QUESTIONS THAT THAT YOU GOT FOR ME. ALL RIGHT. QUESTIONS FOR THE APPLICANT. WE'LL START WITH COUNCIL MEMBER BASS. ACTUALLY, I WAS STILL ON HOLD TO SPEAK WITH STAFF. OH, HE SKIPPED ME, I APOLOGIZE. ARE THERE ANY QUESTIONS FOR STAFF THEN ON THIS ITEM OR. EXCUSE ME FOR THE APPLICANT ON THIS ITEM, I DON'T HAVE ANY QUESTIONS FOR THE APPLICANT. I APPRECIATE YOU COMING TO OUR CITY. THANK YOU.

ALL RIGHT. THANK YOU SIR. WE'LL INVITE NABILA BACK UP FOR A MOMENT. THANK YOU. HI. YEAH, THIS IS IN MY DISTRICT. VERY FAMILIAR WITH THIS INTERSECTION, AS WELL AS CHRIS ORTIZ RIGHT ACROSS THE STREET FROM HERE. BUT JUST A COUPLE THINGS REAL QUICK. IT'S ACTUALLY FUNNY WHEN NABILA SAID THIS WAS, YOU KNOW, WITHIN 255FT OF RESIDENTIAL, I WAS WRECKING MY HEAD TO FIGURE OUT WHERE THAT WAS. SO I'M GLAD YOU POINTED OUT THE AND THE QUESTION ABOUT WHERE THE DENTAL OFFICE IS. IF YOU LOOK AT THE FAR LEFT OF THAT, THIS SLIDE, THAT'S THE PARKING LOT FOR THE DENTAL OFFICE. SO IT'S WAY OUTSIDE OF THE THREE TIMES THE HEIGHT BORDER AND THE BORDER, OF COURSE, THE BORDER IS FOR PHYSICAL SAFETY. IT'S FOR IF THE TOWER FALLS OVER AND HAPPENS TO GO THREE TIMES ITS LENGTH. NO, THIS IS THIS IS A DEFINITELY HIGHEST AND BEST USE FOR THIS SITE. THIHIS IS A I'M SURPRISED ANYBODY WAS ABLE TO FIND ANYTHING TO BUILD ON THIS CORNER. AND YOU KNOW, I HAPPILY GIVE IT GIVE IT MY SUPPORT AND YOU KNOW THANK EVERYBODY ELSE SHOULD TOO. THANK YOU. ALL RIGHT. THANK YOU SIR. COUNCIL, IS THERE ANY O OTHER DISSSION ON THIS ITEM. SEND IT BACK TO YOU. SIR. THIS IS IN YOUR DISTRICT. OH. ONE SECOND, I APOLOGIZE.

HOLD ON ONE SECOND THERE. I'M JUMPING THE GUN HERE. IS THERE ANYONE, ANYONE WHO WISHES TO SPEAK ON THIS ITEM IN THE AUDIENCE? SEEING NONE. NOW GO AHEAD SIR. MOTION TO APPROVE THE 2515 AS PRESENTED. JUST PUNCH IN, SIR. COUNCILMAN WILLIAMS, IF YOU PUNCH IN THAT. COUNCILMAN THOMAS BEAT YOU TO IT THERE. ALL RIGHT. WE HAVE A. WELL, WE'LL WE'LL HAVE A MOTION BY COUNCILMAN BASS, AND WE'LL HAVE A SECOND BY COUNCILMAN. MORE ON THAT ITEM. COUNCIL. ANY DISCUSSION? MADAM SECRETARY, WOULD YOU PLEASE PREPARE THE VOTE FOR US? AND THAT ITEM IS

[16. Consider a request by Hooda Enterprises, Inc., requesting approval of 1) a Specific Use Provision (SUP) for Fuel Pumps, Retail use on property zoned Community Retail (CR) District and 2) a Concept Plan for the existing Fuel Pumps, Retail use. The site is located at 1401 Belt Line Road in District 7.]

PASSED UNANIMOUSLY.LL RIGHT. WE'LL MOVE ON TO ITEM NUMBER 16. THIS IS A REQUEST TO CONSIDER.

CONSIDER A REQUEST BY HODA ENTERPRISES, INC, REQUESTING APPROVAL OF ONE SPECIFIC USE PROVISION FOR FUEL PUMPS. RETAIL USE ON PROPERTY ZONED COMMUNITY RETAIL DISTRICT, AND TWO, A CONCEPT PLAN FOR THE EXISTING FUEL PUMPS. RETAIL USE SITE IS LOCATED AT 1401 BELTLINE ROAD IN DISTRICT SEVEN. THANK YOU, MR. MAYOR. SO THIS SITE IS CURRENTLY DEVELOPED WITH A CONVENIENCE STORE AND FOUR DOUBLE SIDED FUEL PUMPS. IT HAS BEEN SERVING THE COMMUNITY FOR ABOUT 40 YEARS.

THERE WAS NO SIP REQUIREMENT BACK AT THAT TIME. HOWEVER, BACK IN 2002 2003, THEY ATTEMPTED TO EXPAND THE BUILDING AND REPLACE THE GAS PUMPS WITH NEW PUMPS, AND THAT IS WHEN THEY WERE REQUIRED TO COME IN AND REQUEST AND SOUP THE SOUP IN 2003 WAS GRANTED FOR 20 YEARS FOR THE FUEL PUMPS USE, WHICH WAS WHICH EXPIRED IN 2023. THIS APPLICATION FOR ANOTHER SUP FOR THE SAME USE CAME IN A FEW MONTHS AFTER THE SUP WAS EXPIRED. THIS IS LOCATED IN. IN COUNCIL DISTRICT SEVEN. THE OWNER IS ARIF HUDA. THE. THE SITE IS APPROXIMATELY 0.76 ACRES AND IT IS ZONED COMMUNITY RETAIL, WHICH REQUIRES AN SUP FOR FUEL PUMPS. RETAIL USE. THE CONVENIENCE STORE IS ABOUT 1900 SQUARE FOOT, AND THERE IS. YOU'LL SEE ON SOME OF THE PHOTO.

[00:50:03]

THERE IS A NON-OPERATIONAL SMALL CAR WASH WHICH IS ABOUT 600 SQUARE FOOT ON THE SITE, BUT THAT HAS NOT BEEN OPERATING FOR A LONG, LONG TIME AND WILL NEED AN SUP TO OPERATE IN THE FUTURE.

HERE WE HAVE THE ZONING MAP. YOU SEE THE SITE OUTLINED IN TEAL TO THE NORTH AND TO THE WEST. THERE ARE. THERE IS A TOWNHOME PROJECT THAT IS CURRENTLY ON UNDER CONSTRUCTION TO THE EAST ACROSS NORTH GARLAND AVENUE THERE IS A CAR WASH AND AN AUTO REPAIR BUSINESS, I BELIEVE TO THE SOUTH ACROSS BELTLINE THERE IS ANOTHER CONVENIENCE STORE WITH FUEL PUMP, BUT THERE ARE ALSO SEVERAL OTHER RESTAURANT, RETAIL FAST FOOD RESTAURANT TYPE BUSINESSES. THE COMP PLAN DOES DESIGNATE THIS AREA AS COMPACT NEIGHBORHOOD. IN THIS PARTICULAR CONTEXT, WE DO CONSIDER THIS USE TO BE COMPATIBLE WITH THAT CLASSIFICATION, BECAUSE WE DO THINK THIS USE DOES SERVE THE NEEDS OF ITS SURROUNDING COMMUNITY. HERE WE HAVE SOME OF THE SITE PHOTOS. ON THE LEFT.

YOU SEE THE CONVENIENCE STORE AND THE GAS PUMPS ON THE RIGHT SIDE. YOU DO SEE THE CAR WASH THAT IS NOT OPERATIONAL RIGHT NOW. HERE ARE SOME OTHER PHOTOS OF THE SURROUNDING AREAS. HERE WE HAVE THE CONCEPT PLAN, WHICH IS BASICALLY DEMONSTRATING AN AS BUILT STAGE STAGE FOR THIS SITE.

WE DO RECOMMEND THAT THEY INSTALL SOME ADDITIONAL SHRUBS ALONG BELT LINE HERE AND ALONG NORTH GARLAND AVENUE. THEY HAVE THE APPLICANT HAS REQUESTED THAT THESE BE INSTALLED AFTER THE BOTTLENECK IMPROVEMENT PROJECT THAT IS TO BE COMPLETED AT THIS INTERSECTION. I DID CHECK WITH OUR ENGINEERING FOLKS. WE MAY HAVE A START DATE FOR THAT PROJECT AT SECOND QUARTER OF 2026 TO BE COMPLETED SECOND QUARTER OF 2027, WHICH MEANS THE LANDSCAPING MAY NOT APPEAR UNTIL END OF 2027, DEPENDING ON WHEN THE BOTTLENECK IMPROVEMENT PROJECT IS COMPLETED. WE DO RECOMMEND APPROVAL, HOWEVER, WE RECOMMEND APPROVAL FOR FIVE YEARS. THAT WAY THERE IS A THAT IS A RELATIVELY SHORT AMOUNT OF TIME. WE CAN ENSURE THAT THE CONDITIONAL LANDSCAPING WILL BE INSTALLED AND MAINTAINED. BECAUSE WE WON'T BE, WE WON'T HAVE ANOTHER MECHANISM TO CHECK THAT WITH THIS PARTICULAR APPLICATION. WE ALSO WANT THE APPLICANT TO BE VIGILANT ABOUT THE SUP AND ITS TIMELINE. I KNOW THERE IS AN ONGOING DEVELOPMENT SERVICES COMMITTEE ITEM. WE HAVE PREPARED OUR RESEARCH AND SOME POSSIBLE RECOMMENDATIONS ON THAT, WHICH WE'LL BE PRESENTING TO THE COMMITTEE SOMETIME SOON IN AUGUST. BUT FOR NOW, WE DO THINK FIVE YEARS IS MORE APPROPRIATE FOR THIS SITE PLAN. COMMISSION DID RECOMMEND APPROVAL FOR TEN YEARS, BUT THEY CONCURRED WITH THE LANDSCAPING CONDITION. THE. I DO WANT TO MENTION THE SUP TIME PERIOD GUIDELINE DOES HAVE 22, 30, 20 TO 25 YEARS FOR THIS TYPE OF USE. RESPONSE LETTERS. WE DID GET A TOTAL OF THREE. ALL IN FAVOR ONE WITHIN THE NOFICATION AREA AND TWO FROM OUTSIDE OF THE NOTIFICATION AREA. THERE WAS ONE SPECIFIC COMMENT ABOUT ALLOWING THE MAXIMUM ALLOWABLE TIME FRAME FOR THIS SUP, WITH THAT, I'M AVAILABLE FOR QUESTIONS. ALL RIGHT. THANK YOU VERY MUCH. COUNCIL. ANY QUESTIONS ON THIS ITEM GO TO COUNCILMAN THOMAS FIRST. YES. THANK YOU I THANK YOU NABILA. SO COUNCIL KNOWS I DRIVE PAST THIS GAS STATION NEARLY EVERY DAY. CERTAINLY EVERY TIME I COME TO THIS BUILDING AND HAVE BEEN BY IT MANY, MANY TIMES, THERE'S NEVER BEEN A PROBLEM ON THIS CORNER. I THINK THIS IS A GOOD, RESPONSIBLE OWNER. AND SO CERTAINLY I'M IN FAVOR OF THIS SUP. BUT I'M ALSO, I GET YOUR POINT, ABOUT FIVE YEARS TO KIND OF ENSURE THAT THEY PUT IN THE LANDSCAPING, BUT THAT SEEMS A LITTLE ONEROUS TO ME. I KIND OF AGREE WITH THIS. THIS COMMENTER THAT SAYS THEY'VE BEEN THERE FOR 41 YEARS, THEY HAVEN'T HAD ANY PROBLEMS. THERE'S NO OBJECTION TO THIS, THAT WE GO AHEAD AND GIVE THEM THE FULL 20 YEARS, AND I'D LIKE TO SEE US GO AHEAD AND GIVE THEM THE FULL AMOUNT OF TIME. I THINK THERE'S OTHER WAYS WE CAN PRESSURE THEM TO DO WHAT THEY SAY THEY'RE GOING TO DO.