[a. Consider a request by Resource One Credit Union, requesting approval of 1) a Planned Development amendment to allow an Automobile Repair, Minor use by right on property currently zoned Planned Development 02-28 (PD-02-28) with a base zoning district of Community Retail (CR) and 2) a Concept Plan for an Automobile Repair, Minor use on the subject site. The site is located at 2401 Arapaho Road in District 7.]

ITEMS. OUR ZONING ITEMS. OUR FIRST ZONING ITEM IS ITEM NUMBER 15. CONSIDER A REQUEST BY RESOURCE ONE CREDIT UNION REQUESTING APPROVAL OF ONE A PLAN DEVELOPMENT PLAN DEVELOPMENT AMENDMENT TO ALLOW AN AUTOMOTIVE AUTOMOBILE REPAIR. MINOR USE BY RIGHT ON PROPERTY.

CURRENTLY ZONED. PLANNED DEVELOPMENT ZERO 228 PD ZERO 228 WITH A BASE ZONING DISTRICT OF COMMUNITY RETAIL AND TWO A CONCEPT PLAN FOR AN AUTOMOTIVE AUTOMOBILE REPAIR. MINOR USE ON THE SUBJECT SITE. THIS SITE IS LOCATED AT 2401 ARAPAHOE ROAD IN DISTRICT SEVEN. THANK YOU, MR. MAYOR. AS YOU MENTIONED, THIS IS A REQUEST FOR A PLAN DEVELOPMENT AMENDMENT TO ALLOW AN AUTOMOBILE REPAIR MINOR USE BY RIGHT AND HAVE AN ASSOCIATED CONCEPT PLAN. A LITTLE BIT OF BACKGROUND ON THIS. THIS PROPERTY IS ZONED PD ZERO 228. SO PD FROM 2002, WHICH EXPLICITLY PROHIBITS THE PROPOSED USE. THE PD HAS A NUMBER OF USES THAT ARE PROHIBITED IN THE PD, AND THIS IS ONE OF THEM. A COUPLE OTHER ASSOCIATED AMENDMENT ITEMS THAT ARE COMING WITH THIS PD AMENDMENT. AND HOW IT'S RELATED TO THE GDC IS THAT THE GDC CURRENTLY DOES NOT ALLOW BIDDERS TO FACE PUBLIC STREET. AND WITH THIS AMENDMENT, IN THIS PD AMENDMENT, THE APPLICANT IS REQUESTING FOUR OF THE BIDDERS TO FACE THE PUBLIC STREET. ALSO REQUESTING DEVIATION RELATED TO PARKING. THIS USE REQUIRES 33 PARKING SPACES, AND THE APPLICANT IS PROPOSING 23. AS YOU CAN SEE, THIS PROPERTY IS. THIS SITE IS

[00:20:07]

LOCATED IN DISTRICT THREE. DISTRICT SEVEN 2401 ARAPAHOE ROAD. ZONE PLAN DEVELOPMENT ZERO 228, WHICH HAS A BASE ZONING DISTRICT OF COMMUNITY RETAIL. AS YOU CAN SEE HERE, THE HATCHED RED AREA, THAT WHOLE AREA, THIS AREA IS ZONED UNDER THAT PD. IT WAS DEVELOPED.

IT WAS DEVELOPED AS A SELF-STORAGE FACILITY, WHICH IS WHAT THE PD PRIMARILY TALKS ABOUT. BUT THE PD HAS OTHER OTHER ALLOWED USES, BUT THE PROPOSED USE IS NOT ONE OF THEM.

YOU COULD SEE ON THE TO THE NORTH AND TO THE EAST THERE ARE SINGLE FAMILY HOMES TO ON THE ALL THE OTHER SIDES. THERE ARE LOTS OF DIFFERENT TYPES OF COMMERCIAL RETAIL TYPE USES.

THE COMP PLAN RECOMMENDS THIS AREA TO BE A NEIGHBORHOOD CENTER, WHICH PROVIDE A MIX OF RETAIL SERVICES AND COMMUNITY GATHERING SPACES. WE DO NOT BELIEVE THIS PROPOSED USE MEETS THE MEETS THE INTENT OF THE SOME SITE PHOTOS. VIEW OF THEE SITE FACING ARAPAHOE. WE HAVE THE SITE FROM THE ACCESS EASEMENT ON THE EAST SIDE. VIEW OF THE SITE FROM THE ACCESS EASEMENT ON THE SOUTHWEST. THIS IS THE CREDIT RESOURCE ONE CREDIT UNION BUILDING THAT YOU SEE ON THE SCREEN. HERE'S THE CONCEPT PLAN IN THE SALMON ORANGE COLOR. YOU SEE THE REPAIR AUTO REPAIR SHOP. WHAT YOU SEE IN PINK, OR MAYBE IN THE ON THE SCREEN IT'S MORE RED.

THOSE ARE THE BAY DOORS. SO THE APPLICANT IS PROPOSING EIGHT. YOU CAN SEE IT MORE CLEARLY HERE. THERE ARE FOUR BAY DOORSRS HE AND FOUR BAY DOORS HERE FOR THE GDC. THESE BAY DOORS CANNOT FACE THE PUBLIC STREET, WHICH IS WHY THE APPLICANT IS REQUESTING AN AMENDMENT TO THE PD. OTHER THAN THAT, THE PARKING AREAS, THEY'RE LOCATING THEM HERE. BUT ALSO THIS PER THE SQUARE FOOTAGE, IT NEEDS 33 PARKING SPACES AND THE APPLICANT CAN ONLY FIT IN 23 ON THIS SITE. ONE OTHER ISSUE, THE APPLICANT DOES MAINTAIN THAT THERE'S NOT GOING TO BE ANY OUTSIDE STORAGE, BUT PER THE GDC, IF YOU HAVE PER BAY DOOR, YOU'RE REQUIRED TO PROVIDE 400 SQUARE FOOT OF STORAGE SPACE. SO WITH EIGHT BAY AREAS, IT REQUIRES 3200 SQUARE FOOT OF STORAGE AREA. THE APPLICANT IS SAYING THERE'S NOT GOING TO BE ANY OUTSIDE STORAGE. SO THAT REQUIREMENT IS NOT COMING INTO PLAY AT THE MOMENT. BUT WITH THESE REPAIR SHOPS, SOMETIMES THE THE CUSTOMER MAY NOT PICK UP THE PICK UP THE VEHICLE AND IT MAY HAVE TO STAY THE NIGHT AT THIS SITE. AND IN THAT SITUATION IT COULD BECOME A COMPLIANCE ISSUE BECAUSE THEY DO NOT HAVE ANY STORAGE AREA. SO AGAIN, THE REQUEST IS TO ALLOW THAT USE BY RIGHT. ALLOW THOSE BAY SERVICE BAYS FOR SERVICE BAYS TO FACE ARAPAHOE AND ALLOW 23 PARKING SPACES INSTEAD OF 33 REQUIRED STAFF RECOMMENDS DENIAL OF THIS REQUEST. THERE ARE SEVERAL OTHER AUTO REPAIR USES IN THE PROXIMITY. IT DOES NOT FIT THE COMP PLAN VISION, AND THE FACT THAT THERE'S SO MANY DEVIATION REQUESTS. AND THESE ARE NOT SIMPLE, UNSUBSTANTIAL DEVIATIONS TO GDC TECHNICALITY. THESE ARE SUBSTANTIAL DEVIATIONS DEMONSTRATING THAT ALTHOUGH THE USE EVEN DOES NOT FIT THE COMP PLAN VISION, BUT WHAT THEY'RE TRYING TO PROPOSE DOESN'T FIT THIS SITE AT ALL PHYSICALLY, WHICH IS WHY PLAN COMMISSION ALSO RECOMMENDED DENIAL. WE SENT OUT 72 RESPONSE LETTERS. WE GOT TWO WITHIN THE NOTIFICATION AREA AGAINST, THREE AGAINST FROM OUTSIDE OF THE NOTIFICATION AREA, A TOTAL OF FIVE. WHILE GOING THROUGH THE COMMENTS PROVIDED THE SAME SENTIMENT WERE WERE SHARED THAT THERE ARE TOO MANY AUTO REPAIR SHOPS IN GARLAND. OVERALL, WE DON'T NEED ANY MORE. IT DOESN'T FIT THIS SITE. IT DOESN'T FIT THIS AREA. WITH THAT, I'M AVAILABLE FOR QUESTION COUNCIL. ARE THERE ANY QUESTIONS FOR STAFF ON THIS ITEM? COUNCILMEMBER WILLIAMS, DO YOU? SEE YOUR MIC? YOU HAVE A PRESENTATION FROM A REPRESENTATIVE. BEFORE I ASK MY QUESTION, YES, THERE IS A PRESENTATION FROM THE APPLICANT. I'LL WAIT. I'LL HOLD MY QUESTION TILL AFTER THE PRESENTATION. THANK YOU. THANK YOU SIR. ANY OTHER QUESTIONS OF STAFF ON THIS ITEM? ALL RIGHT.

MADAM SECRETARY, WOULD YOU PLEASE CALL THE APPLICANT CONFERENCE? ALL RIGHT, SIR,

[00:25:08]

NAME AND ADDRESS. FOR THE RECORD, YOU HAVE TEN MINUTES. DALLAS MASTER PLAN CONSULTANTS, 3333 WELLBORN STREET, DALLAS, TEXAS. THANK YOU FOR HAVING ME. THIS ISN'T THE BIGGEST ZONING CASE. I MEAN, I THINK THIS IS A PRETTY CLASSIC EXAMPLE OF PLANNING VERSUS ZONING PLANNING, SOMETHING THAT HAPPENS IN THE FUTURE. AND ZONING IS SOMETHING THAT IS MARKET BASED AND HAPPENS RIGHT NOW. AND AND YOU KNOW, I DON'T KNOW, I WRITE ABOUT THIS AND THINK ABOUT THIS AND HAVE DONE THIS FOR 30 SOMETHING YEARS. THIS IS A VERY CLASSIC EXAMPLE. THE NEIGHBORS EXAMPLES OF WHAT THEY SAID ARE VERY CONSISTENT. WHAT YOU HEAR. THE ONLY THING I EVER HEAR PEOPLE WANT ARE WHOLE FOODS OR WHAT A HILLSTONE. I MEAN, IT'S A SMALL NUMBER OF THINGS.

RETAIL IS NOT SOMETHING THAT'S CURATED IN THE MARKET. I MEAN, IT'S SOMETHING THAT THE MARKET WANTS. I WOULD POSIT THAT THIS SITE HAS BEEN AVAILABLE FOR 23 YEARS, SO WE'VE HAD A LOT OF TIME FOR PLANNING TO SEE WHAT HAPPENS. AND THIS IS A VERY DIFFICULT SITE TO DEVELOP. SO I KIND OF WANT TO WALK YOU THROUGH THAT. SO WE'RE MID-BLOCK AND WE HAVE TWO NON RETAIL USERS BETWEEN US, NOT TRADITIONAL RETAIL USERS. IT'S HIGHLY UNLIKELY YOU'RE GOING TO GET A TRADITIONAL RETAIL USER. IF YOU HAD IT WOULD HAVE ALREADY HAPPENED. THIS SITE'S REALLY ABOUT HALF AN ACRE IN TERMS OF DEVELOPABLE SPACE. SO YOU KNOW YOU KNOW THOSE ARE TWO PROBLEMS. AND, YOU KNOW, IT'S JUST IT'S SAT THERE AONG TIME. SO IF YOU LOOK AT THE SITE PLAN, YOU SEE HOW SMALL THE AMOUNT OF AREA IS. NOW WE DON'T MEET ALL THE RULES. I WOULD TELL YOU WE'RE TWO SPACES SHORT BECAUSE WE HAVE EIGHT BAYS WE'D PARK IN. THERE'S 3800 OF THESE STORES ACROSS THE COUNTRY. THEY KNOW WHAT THEY DO AND WHAT THEY DON'T. THEY WON'T HAVE CARS.

AND WE'LL TALK A LITTLE MORE IN A MINUTE ABOUT WHAT IT IS THEY DO DO. SO THIS IS THEIR IT'S STILL SITTING HERE AFTER 27 YEARS BECAUSE IT'S A HARD SITE TO DEVELOP. ONE THING I HOPE YOU'LL ALSO CONSIDER IS IF YOU WANT INFERIOR USES. THIS DOESN'T MATTER ABOUT APARTMENTS OR RETAIL THE WAY INFERIOR USES CLASS C OR D APARTMENTS. THOSE GET SWALLOWED UP, TYPICALLY BY CONVERTING THEM TO CLASS A OR CLASS B. YOU KNOW, I KNOW WHEN MAXWELL AND NEAL WERE HERE AND RUNNING THE PLANNING DEPARTMENT, YOU ALL HAD A RETAIL PAIRING PLAN WHERE YOU PAIRED DOWN YOU YOU LOOK THE CITY LOOKED AT, YOU KNOW, HOW MUCH RETAIL IS THERE? THERE WAS TOO MUCH. NOW IT NEEDS TO GO WHERE IT NEEDS TO GO. SO THIS IS A SITE THAT HAS TO HAVE A DESTINATION USER THAT'S WILLING TO BUILD A MULTI-MILLION DOLLAR BUILDING. SO FOR THE CITY, FOR THE AMOUNT OF SPACE YOU'RE GETTING A LOT OF AD VALOREM AND A TREMENDOUS AMOUNT OF SALES TAX. SO OUR AVERAGE TRANSACTION IS $1,200. YOU KNOW, WHEN YOU THINK ABOUT WHEN YOU GO BUY A NEW SET OF TIRES, THAT'S A BIG PURCHASE. NOW THOSE PEOPLE ARE GOING TO BE THERE AN HOUR OR SO, MAYBE LESS, MAYBE MORE, BUT THEY WILL GO AND GET COFFEE. THEY'LL GO TO OTHER PLACES. SO THERE'S NOT A LOT TO GO TO, BUT IT WOULD INTERACT WITH SOME OF THOSE OTHER USES THERE. WE'VE MOVED THE DOORS SO THEY DON'T FACE THE NEIGHBORHOOD. I THINK THAT'S GOOD PLANNING. I KNOW IN THIS INSTANCE IT DOESN'T MEET THE PLAN, BUT ANY SOUND WOULD BE GOING OUT AND BE MITIGATED BY, YOU KNOW, THE AMBIENT NOISE OF THE ROAD. SO, YOU KNOW, THIS IS JUST A REALLY HARD SITE TO GET DEVELOPED. AND, YOU KNOW, WE'RE TRYING. SO, YOU KNOW, HERE'S WHAT WE'D LOOK LIKE.

IT'S A NICE NICELY DESIGNED BUILDING. YOU KNOW, THEY'VE GOT, YOU KNOW, A LOT OF LOCATIONS.

YOU MAY NOT BE FAMILIAR WITH ALL MAYBE SOME OF THESE NAMES ARE MORE FAMILIAR IN IN MAVIS'S GROWING FAMILY, BUT THEY'RE ONE OF I'M SORRY I PUSHED THE WRONG WAY. THEY'RE ONE OF THE FORBES BEST COMPANIES. SO THEY'RE A PRIVATELY HELD COMPANY. THEY STARTED AS A BICYCLE SHOP IN 1949, AND NOW THEY'RE IN THEY'RE STILL IN TIRES, JUST A DIFFERENT KIND OF TIRES, I SUPPOSE. THE CEO IS STILL A FAMILY MEMBER. SO THIS IS A REALLY GOOD COMPANY. THESE ARE PIERCED COMPANIES IN TERMS OF WHAT THEY DO. THEY DO $2.4 BILLION OF BUSINESS. SO THEY'RE LARGER THAN IN AND OUT HAMBURGER. YOU KNOW, THEY'RE A BIT LARGER THAN TIFFANY. THIS IS A HIGHLY DESIRABLE NATIONAL USER THAT'S GOING TO DELIVER BETTER SERVICE AND MORE COMPETITIVE PRICING. THAT IS GOING TO PUT PRESSURE ON THE FACT THAT, I MEAN, I'VE BEEN COMING OUT HERE FOR 30 YEARS, AND I AND I KNOW THAT THERE HAS BEEN, YOU KNOW, YOU WANTED FEWER CAR PLACES, AUTO PLACES. I BELIEVE THIS IS WHAT WILL HAPPEN IS WHEN YOU HAVE SOMEBODY THAT OFFERS BETTER SERVICE AND BETTER PRICING, IT PUTS PRESSURE ON ON YOUR OTHER USERS. SO, YOU KNOW, MUCH LIKE LOCAL FAVORITE SON SOUTHWEST AIRLINES, THEY'RE ALL ABOUT NUMBER ONE. THEY'RE THEY'RE THEY'RE EMPLOYEE FOCUSED. AND NUMBER TWO IS THEY'RE CLIENT ORIENTED. SO YOU KNOW, I ALWAYS THOUGHT FOR SOUTHWEST THAT'S A GREAT WAY TO RUN A BUSINESS, CARE ABOUT YOUR EMPLOYEES AND CARE ABOUT THE CUSTOMERS. THEY'RE NOT AS WELL KNOWN IN THIS MARKET. BUT I WOULD I BELIEVE THESE ARE THE KIND OF USERS EVERY CITY WANTS TO HAVE.

[00:30:02]

THEY JUST HAPPEN TO BE IN A BUSINESS THAT EVERYBODY THINKS WE CAN DO BETTER. IT'S NOT WHAT WE WANT. MAYBE THAT'S TRUE OR OR IT'S YOUR IT'S AN OPINION, BUT THEY'RE NOT IN THE AUTOMOBILE REPAIR BUSINESS. THIS IS WHAT THEY DO. I MEAN 84% IS IS TIRE SERVICE. THERE'S A SMALL AMOUNT OF CAR INSPECTION OR OIL CHANGE, BUT IT'S MOSTLY TIRES. THAT'S WHY THEY DON'T HAVE PEOPLE OVERNIGHT. SO YOUR CODE PU US INTO, YOU KNOW, THAT CATEGORY I UNDERSTAND WHY, BUT BUT WE'RE IT'S NOT LIKE WE'RE FOCUSED ON THINGS. I DON'T KNOW WHY THE COMP PLAN PICKED THIS. IT'S AN AWFULLY SMALL SITE. YOU KNOW, THIS IS NOT A GATHERING SPACE.

IT'S HALF ACRE. IT'S BY, YOU KNOW, SELF STORAGE. I DON'T SEE THIS AS A COMMUNITY GATHERING SPOT NOW OR IN THE FUTURE. IT'S NOT BIG ENOUGH TO BE A PARK. I MEAN, IT'S GOT ALL THE SAME PROBLEMS. SO, YOU KNOW, WE'RE TRYING TO MAKE A A USEFUL ONE. I THINK I COVERED THIS ONE.

WE'RE HAPPY WITH THESE STIPULATIONS IS WE'RE NOT GOING TO HAVE OUTSIDE STORAGE OKAY.

SO FOR THE LAST 15 YEARS I'VE BEEN ONE OF THE 15, 50, 500 PEOPLE THAT COMPRISE THE 11TH FEDERAL RESERVE DISTRICT'S MONTHLY POLLS. SO PROBABLY YOU SEE THIS IN THE MORNING NEWS OR OTHER PAPERS. SO EVERY MONTH I FILL OUT A SURVEY ABOUT WHAT DO I THINK ABOUT HOW THE ECONOMY IS. MY WIFE IS ALSO AN ECONOMIST. SO I GO HOME AND SOMETIMES CHEAT AND GET SOME HELP POTENTIALLY. BUT YOU KNOW, I SAY THIS, THAT'S 39 MILLION PEOPLE LIVE IN NORTHERN LOUISIANA, SOUTHERN NEW MEXICO AND TEXAS. AND SO, YOU KNOW, I REALLY SPEND A LOT OF TIME MY CUSTOMERS ARE PEOPLE THAT ARE IN THE MARKET. AT ONE POINT, OUR BIGGEST, YOU KNOW, SECTOR WAS NATURAL GAS. NOW WE HAVE NO NATURAL GAS EARLY IN MY CAREER, YOU KNOW, LOOK, I DID A LOT OF RETAIL WORK. AND YOU SEE THAT PEAK OCCURRED BEFORE THE GREAT RECESSION. THE GREAT RECESSION IN THE IPHONE KILLED THE RETAIL BUSINESS. AND IT HAS NOT COME BACK. AND IF YOU LOOK AT WHERE WE ARE AND HOW MUCH RETAIL IS BEING BUILT, IT IS A VERY SMALL AMOUNT OF BRICK AND MORTAR RETAIL THAT'S BEING BUILT. AND IF YOU REALLY STUDY THE NUMBERS FROM ABOUT 2014 TO TODAY, MOST OF THAT GROWTH OCCURS IN SUBURBS, FAST GROWTH SUBURBS, IN PREDICTABLE PLACES LIKE SALINA AND SCOTTSDALE OR WHEREVER IT IS IN THE COUNTRY. SO, YOU KNOW, WE'RE NOT YOU KNOW, YOU KNOW, HERE'S ANOTHER WAY TO SLICE IT. WE'RE NOT A LIFESTYLE CENTER HERE. WE'RE NOT A POWER CENTER. THE TOP LINE IS LIKE OTHER ENTERTAINMENT. WE'RE NOT ONE OF THOSE. SO IF YOU'RE WAITING ON THE MARKET, THIS IS THE MARKET. AND I KNOW THAT MAY NOT BE GREAT, BUT IT'S FOR HALF AN ACRE TO HAVE AN AVERAGE RETAIL SALE OF $1,200. THAT'S A LOT OF SALES TAX ON A SMALL PIECE OF PROPERTY. THAT'S WHAT WE HAVE TO OFFER. DALLAS AND DALLAS IS USED HERE AS A GEOGRAPHIC REGION, NOT A CITY PER SE. DALLAS IS NEAR THE BOTTOM IN TERMS OF RETAIL GROWTH AND WHERE IT HAPPENS. I THINK WE ALL KNOW KIND OF WHERE IT OCCURS. SO WE'RE NOT IN A GREAT RETAIL ENVIRONMENT. IT'S VERY CHALLENGING. I DON'T CARE WHICH CITY YOU LOOK AT IN THE METROPLEX. MAYBE YOU CAN NAME A FEW OUTLIERS. IT IS REALLY HARD TO DO RETAIL AND I KNOW THERE ARE A LOT OF COMPLAINTS. THE ONLY THINGS THAT ARE ACTIVE REALLY ARE SELF-STORAGE AND CAR WASHES AND TIRE PLACES. THAT'S WHO'S ACTIVE IN THE RETAIL MARKET. AND A LOT OF IT IS IT'S DRIVEN BY THIS. MOST OF OUR SALES OCCUR IN THREE MILE RADIUS. SO THIS IS A NEIGHBORHOOD SERVICES USE THE SAME WAY. THE CAR WASHES ARE 41% OF THE CAR WASH. PEOPLE GO DIRECTLY FROM THEIR HOME TO THE CAR WASH. THAT'S JUST A NATIONAL NUMBER. SO IT'S THE SAME THING ON THE TIRE THING. PEOPLE DON'T TYPICALLY DRIVE MANY, MANY MILES. IT'S A NEIGHBORHOOD SERVICE. THEY USE THAT THEY USE. WE WANT TO BE IN THIS NEIGHBORHOOD. WE WANT TO BUILD A FIRST CLASS FACILITY BECAUSE WE'RE A FIRST CLASS OPERATOR. SO THERE'S ANOTHER WAY TO SLICE THIS. YOU KNOW, YOU LOOK AT THAT, YOU KNOW, IT'S JUST FLAT, YOU KNOW, IN E-COMMERCE CONTINUES TO GAIN. SO IF WE'VE WAITED 20 SOMETHING YEARS FOR THIS SITE TO DEVELOP AS RETAIL, THERE'S IT'S GOTTEN MUCH INCREMENTALLY HARDER IN THAT 20 SOMETHING YEARS. SO YOU KNOW, THIS IS SORT OF CLASSIC BIRD IN THE HAND. MAYBE THIS IS A WALK OR A SINGLE. BUT I WOULD TELL YOU IN MY MIND THAT'S HOW CITIES POTENTIALLY GET BETTER IS THEY GET A LOT OF SINGLES, THEY GET A LOT OF SINGLES. IT'S EASIER THAN HITTING A HOME RUN.

AND I COULD BE TOTALLY WRONG AND, YOU KNOW, BUT THEY WANT TO BE IN THIS MARKET AND IN THIS MICRO MARKET BECAUSE THERE ARE NOT A FIRST CLASS TIRE SALES SHOP ANYWHERE IN THIS MICRO AREA. SO WE REALLY PICKED THIS. WE'D LIKE IT TO BE A LITTLE BIGGER, BUT WE DON'T HAVE A LAND STRETCHER. YOU KNOW, I MEAN THAT'S A TOOL I'D LIKE TO HAVE MANY TIMES, BUT WE HAVE MORE PARKING THAN WE'LL NEED BY 20 OR 30%. YOU KNOW, WE PICKED THE SITE. WE KNOW IT'LL WORK.

THE VARIATIONS WE'RE ASKING FOR ARE THINGS THAT, YOU KNOW, MOST CITIES ARE MOVING AWAY FROM

[00:35:04]

PARKING REQUIREMENTS. AND I THINK THE BAYS ARE ON THE CORRECT SIDE OF AS A PLANNER, THEY'RE MOVING THE, THE, YOU KNOW, ALL THE NOISE AWAY. SO THEY WILL CONTINUE TO GET THAT QUIET ENJOYMENT WHERE THEY'RE SURROUNDED BY THE THE FORTRESS STYLE. SELF-STORAGE. SO I'M HAPPY TO ANSWER QUESTIONS. THANK YOU FOR YOUR PATIENCE AND VOLUNTEER SERVICE. THANK YOU VERY MUCH. THANK YOU SIR. QUESTION FROM COUNCIL MEMBER BASS FOR YOU, SIR. THANK YOU.

HELLO. IS THAT BETTER? THANK YOU FOR THE FEEDBACK. THERE WE GO. YEAH. SO YOU KNOW DON'T REALLY HAVE A QUESTION. HAVE MORE OF A COMMENT THOUGH I FIND IT VERY DISINGENUOUS. SOMETHING THAT YOU SAID TWICE. AND DEVELOPERS COME HERE AND THEY SAY IT ALL THE TIME. AND IT'S FRUSTRATING BECAUSE WHEN YOU SAY THAT IF IT WERE TO BE DEVELOPED, IT WOULD HAVE ALREADY BEEN DEVELOPED. THAT IS AGAIN, LIKE I SAID, IT'S DISINGENUOUS, BORDERING ON A RIDICULOUS STATEMENT TO SAY. AND YOU SAID IT TWICE. IF THAT WERE TRUE, THEN THERE WOULD BE NO GREEN SPACE LEFT IN THIS COUNTRY. SO TO SAY THAT IF A HIGHEST AND BEST USE WOULD HAVE ALREADY COME ALONG, AND IF SOMETHING ELSE COULD HAVE GONE THERE, IT ALREADY BE, THERE IS AGAIN, DISINGENUOUS AND RIDICULOUS. AND IT'S VERY FRUSTRATING WHEN DEVELOPERS COME HERE AND SAY THAT AND YOU ACTUALLY SAID IT TWICE IN YOUR PRESENTATION. WELL, ONE. THANK YOU. CAN I RESPOND, MAYOR, PLEASE? YOU KNOW, MY CLIENT'S NOT A DEVELOPER. IN THIS INSTANCE. MY CLIENT IS A RETAILER THAT'S GOING TO BUILD A STORE. SO THEY'RE, YOU KNOW, THEY'RE DOING THAT. I'M SAYING IT'S TOO SMALL TO BE A RESTAURANT. I DON'T I DON'T BELIEVE THAT IT WILL BE A SMALL OFFICE, A DENTAL CLINIC OR A VET. IT'S ALSO TOO SMALL. I IN MY I GUESS MAYBE IF I PREFACED IT WITH MY OPINION. I THINK THAT'S KIND OF OBVIOUS SINCE I WAS SAYING IT, BUT I DON'T THINK, YOU KNOW, THE PROBLEM IS, IS WHEN THE WHEN THE SELF-STORAGE GOT BUILT AND THEN THE CREDIT UNION GOT BUILT, YOU ENDED UP WITH A MID-BLOCK LEFT OVER PIECE. THAT MAKES IT REALLY HARD TO FIGURE OUT WHAT TO DO WITH IT. IT'S GOING TO HAVE TO BE SOMETHING LIKE THIS. THAT IS A TEMPLATE THAT CAN GO IN THIS AMOUNT OF SPACE. SO I JUST THINK IT'S IT'S GOING TO BE MUCH HARDER, MAYBE NOT IMPOSSIBLE, BUT VERY DIFFICULT.

IT ALREADY IS VERY DIFFICULT. SURE. YES. BUT MY MY FEEDBACK IS NOT BASED UPON MY FEEDBACK IS BASED UPON WHAT YOU SAID. WHAT YOU SAID WAS PARAPHRASING. IF IT COULD HAVE BEEN DEVELOPED, IT WOULD HAVE BEEN DEVELOPED. THAT IS A DISINGENUOUS STATEMENT. NOW, THE FACT THAT YOU'RE TRYING TO PUT A ROUND PEG IN A SQUARE HOLE HERE IS A WHOLE DIFFERENT MATTER. I MEAN, THIS IS JUST IT'S NOT A GOOD FIT FOR THE SPACE AT ALL. AS AS THE CITY AND PLANNING COMMISSION HAVE ALREADY SAID SO. I MEAN, I WON'T BE SUPPORTING THIS. THERE'S NOTHING POSITIVE ABOUT THIS AT ALL. THANK YOU, THANK YOU, THANK YOU, MAYOR. THANK YOU SIR. MAYOR PRO TEM LUCK. SO WHICH BRANDS DID YOU SAY? MAVIS OWNS NTV, RIGHT? YES, IS ONE OF THEM. WELL, THERE'S ONE WITHIN TWO MILES AT ARAPAHOE AND PLANO THAT'S NOT IN THE NEIGHBORHOOD. AND THEN THERE'S A FIRESTONE AND ABOUT A MILE AND A HALF FROM THERE. SO, I MEAN, WELL, AS I RECALL, HOTELLING'S LAW TELLS US, YOU KNOW, HOTELLING WAS AN ECONOMIST AT THE BEGINNING OF THE 19TH CENTURY OR 20TH CENTURY WHO, YOU KNOW, USED THAT CLASSIC EXAMPLE AT THE AT THE IF THERE'S TWO ICE CREAM SELLERS ON A BEACH AT THE END OF THE SUMMER, THEY WILL HAVE COME NEXT TO EACH OTHER SO THAT THEY, YOU KNOW, EACH GET ABOUT HALF THE BUSINESS. SO THAT'S WHY KANE'S ONE OF MY CLIENTS OFTEN GOES RIGHT NEXT TO OR ACROSS THE STREET FROM CHICK FIL A. THEY DON'T CARE THAT THEY THEY DON'T EVEN TRY TO GET HALF THE BUSINESS. THEY'RE HAPPY TO PEEL OFF 20% OF IT AND HAVE A $2 MILLION STORE, WHILE CHICK FIL A HAS A $5 MILLION ONE. I BELIEVE RETAIL PAIRINGS HAPPEN ALL THE TIME, SO A MILE IS NOT CLOSE. THIS IS A NEIGHBORHOOD USE. I BET IF WE LOOKED AT HOW MANY NAIL SALONS OR HOW MANY HAIR PLACES, IT'S GOING TO BE A MUCH HIGHER NUMBER. THEY ALL COMPETE BECAUSE PEOPLE WANT TO SHOP RIGHT WHERE THEY LIVE. SO I MEAN THAT THERE ARE NONE IN A MILE AREA. THAT'S WHERE THEY'RE LOOKING. THEY WANT TO BE CLOSE. YOU KNOW, SOME PEOPLE, I MEAN, WHEN I TAKE MY CAR, I TOOK MY CAR AND GOT IT INSPECTED, WALKED HOME AND CAME BACK AND GOT IT. I LIKE THAT OPPORTUNITY TO DO THAT. MAYBE NOT EVERYBODY, BUT THAT'S HOW NATIONAL COMPANIES LOOK. AND THIS IS A HUGE BILLION DOLLAR COMPANY. THEY'RE GOOD AT SITE SELECTION, AND THEY KNOW THAT IF THERE'S NOT SOMEBODY IN A MILE, THAT'S AN AREA WHERE THERE IS OPPORTUNITY FOR THEM. WELL, I'M GLAD YOU KNOW THE MINDS OF EVERYONE IN THAT AREA. I KNOW THE MIND OF THE CLIENT. WE KNOW THE MINDS OF EVERYONE IN THAT AREA A LITTLE BETTER. BUT, I MEAN, I'M JUST SAYING, I WISH YOU'D BRING SOMETHING ELSE TO OUR CITY. YOU'VE BEEN COMING HERE FOR DECADES BRINGING TIRE

[00:40:01]

SHOPS, SO IT WOULD BE NICE TO SEE OTHERS. HAVEN'T DONE A TIRE SHOP HERE BEFORE, BUT THANK YOU, THANK YOU. COUNCIL MEMBER WILLIAMS. THANK YOU. GOOD EVENING SIR. GOOD EVENING. HOW ARE YOU? YOU HAVE BEEN COMING HERE FOR QUITE A NUMBER OF YEARS BECAUSE I'VE HEARD A BIG PORTION OF YOUR PRESENTATION BEFORE. YOU SAY THAT RESOURCE CREDIT UNI IS THE THE GOING TO BE THE SPONSOR OF THIS THE THE SELLER. YOU KNOW HOW MANY WE HAVE IN THE CITY? CITY OF GARLAND. HOW MANY, HOW MANY RESOURCE CREDIT UNIONS DO NOT YOU DON'T. CREDIT UNIONS ARE IN THE CITY. NO, I DON'T KNOW. IF I'M READING CORRECTLY. I RESOURCE ONE CREDIT REQUESTING APPROVAL. SO. BUT YOU DON'T KNOW HOW MANY WE HAVE IN THE CITY, RIGHT? I ONLY KNOW THERE ARE SELLER WHO THEY'VE OWNED THIS FOR THIS REMNANT FOR A WHILE AND HAVE WANTED TO SELL IT FOR A LONG PERIOD OF TIME. OKAY, MY SECOND QUESTION HAS TO DO WITH THE COMP PLAN AND THE DEVIATIONS THAT YOU REQUESTED. YOU KNOW, THOSE ARE YOU KNOW WHAT THOSE ARE. YES. THE COMP PLAN HAS SPECIFIED WHAT THIS WHAT WHAT WOULD BE BEST FOR THIS SITE FROM A LAND USE. AND I KNOW THE DEVELOPMENT CODE CALLS FOR, YOU KNOW, WE'RE ASKING FOR SOME RELIEF ON PARKING AND ON WHERE THE BAY DOORS ARE. YES, I'M AWARE OF THE REQUEST. AND EUROPEAN. I THINK THE BAY DOORS SHOULD FACE THE STREET. IF THEY FACE THE WAY THE RULES ARE WRITTEN, THEY'D FACE TOWARDS THE NEIGHBORHOOD. THAT DOESN'T MAKE SENSE TO ME. AND WE COVERED THAT IN THE NEIGHBORHOOD MEETING THE PARKING ONE. I THINK CITY'S PARKING CODES. AND I WRITE ABOUT THIS FREQUENTLY. MAYBE YOU'VE READ. I DON'T BELIEVE CITY'S PARKING PARKING CODES OFTEN THWART DEVELOPMENT. SO IN THIS INSTANCE, WE'RE ONLY TWO SPACES SHORT. IF YOU COUNT THE PARKING, THE BAYS, WHICH WOULD BE OPEN IN THE EVENING. SO I KNOW WE WE'VE DONE THESE IN OTHER COMMUNITIES WHERE WE NEED ABOUT A DOZEN SPACES IS WHAT WE NEED. SO I THINK THAT THAT WORKS FOR BOTH OF THOSE. ON THE COMP PLAN, I WOULD SAY IT'S NOT UNUSUAL FOR VERY SMALL PARCELS LIKE THIS TO BE PAINTED WITH A BRUSH THAT IS APPROPRIATE FOR MOST OF THE AREA, BUT NOT FOR A LESS THAN ONE ACRE PARCEL. SO, I MEAN, I JUST, YOU KNOW, WHEN THIS CALLS FOR A GATHERING SPOT OR COMMUNITY AREA, I DON'T I DON'T KNOW HOW YOU I DON'T KNOW HOW THAT HAPPENS THERE. SO I DON'T KNOW THAT WE'RE I MEAN, SURE, WE DEVIATE FROM THAT FOR SURE, BUT COMP PLANS ARE HARD TO DO BECAUSE THEY ARE VERY BROAD. AND WHEN YOU GET TO THESE VERY SMALL SITES, IT'S HARD TO GET ALL OF THEM RIGHT. DO YOU REMEMBER WHAT THOSE DEVIATIONS ARE? I KNOW WE'RE ASKING FOR A RETAIL USE THAT'S NOT PERMITTED. THAT IS QUALIFIED AS AN AUTOMOTIVE ONE. IT'S NOT CONSISTENT WITH THE COMP PLAN. SAYS OKAY, AND WHAT ARE THE WHAT ARE THE OTHERS THAT WERE LISTED? OH, I THINK WE CAN HAVE RETAIL USES. YOU KNOW, IT'S COMMUNITY SPACE. I MEAN, I MEAN NOT AUTO USES. OKAY. OFFICE I BELIEVE MEETS THE STANDARD.

OKAY. WHEN YOU'RE DONE, I WOULD ASK MR. MIZNER TO COME BACK UP AND FOR A MINUTE BECAUSE OF THAT QUESTION. OKAY. THANK YOU VERY MUCH. THANK YOU. THANK YOU MAYOR. GO AHEAD. SIR, I'D INVITE HER UP RIGHT NOW. GO AHEAD, COUNCILMAN WILLIAMS, YOU HAVE THE MIC STILL, SIR? WOULD YOU WOULD YOU GO THROUGH AGAIN THE EXCEPTIONS OR OR DEVIATIONS THAT THIS REPRESENTATIVE IS REQUESTING? YES, SIR. THE DEVIATIONS FROM THE CODE NUMBER. YOU HAD THEM ON THE SLIDE? YES.

THANK YOU. SO THE PD PROHIBITS THIS. USE AUTO REPAIR, AUTOMOBILE REPAIR. MINOR.

THAT'S NUMBER ONE. I WON'T CALL IT A DEVIATION. THAT'S AN AMENDMENT THAT THEY'RE REQUESTING. SO THEY'RE REQUESTING A USE THAT HAS BEEN PROHIBITED IN THE PD TO BE PERMITTED IN THE PD. THAT'S NUMBER ONE. NUMBER TWO, RDC SERVICE SERVICE BAYS CANNOT CANNOT FACE PUBLIC STREET. BUT THEY'RE ASKING THAT IT FACE THE STREET. RIGHT. CORRECT.

ARAPAHOE NEXT. THE NEXT ONE FOR OUR GDC AND OUR PARKING RATIO. THEY'RE REQUIRED TO PROVIDE 33 TOTAL PARKING SPACES. AND THEY'RE THEY'RE ASKING FOR US TO ALLOW 23 PARKING SPACES

[00:45:02]

INSTEAD. AND THE RELATIONSHIP RESOURCE ONE CREDIT UNION AND THE FACILITY THAT WE SAW FROM THE DEVELOPER, WHAT'S THE WHAT'S THE CONNECTION? WHAT'S THE BECAUSE IT SAYS RESOURCE ONE CREDIT UNION IS REQUESTING. SO THEY OWN THE LAND. FROM WHAT I UNDERSTAND, THEY OWN THE OKAY, SELL IT TO THIS COMPANY THAT ARE WANTING TO BRING THIS USE ON RESOURCE. ONE. IS THE OWNE OF NOW CORRECT. AND THEY THIS THIS THEY'RE GOING TO THEY'RE THEY'RE IF THIS IS APPROVED THEY WOULD SELL IT TO THE OWNER. MAVIS TIRE TIRE. THAT'S THE NAME OF THE TIRE SHOP OR THAT'S THE NAME OF THE BUSINESS. OKAY. ALL RIGHT. ALL RIGHT. THANK YOU VERY MUCH. THANK YOU, THANK YOU, THANK YOU, SIR. AND I THINK WE HAVE MORE QUESTIONS FOR YOU, COUNCILMEMBER THOMAS. YES, I SEE IN YOUR PRESENTATION IT SAID 1.31 ACRES. THE DCAD MAP LISTS THIS AS 0.75 ACRES. CAN YOU EXPLAIN THAT? I THINK WE'RE BUYING MORE BECAUSE THERE'S SOME OF THAT OUT IN THE IN THE THAT. LET ME GO BACK TO THAT SLIDE. I DON'T KNOW HOW TO GET BACK TO IT. DO YOU WANT TO GO BACK TO THE ONE THAT'S COLORED. YEAH. OR JUST THIS. YEAH THAT'S FINE OKAY. I MEAN THERE'S THERE WERE THE STREET IS I MEAN WE'RE HAVING TO BUY THAT. IT'S NOT REALLY I MEAN I GUESS THAT'S SHARED SHARED DRIVE THE .73 IS WHAT WILL BE TAXED ON. THAT'S RIGHT. AND .56 OR SOMETHING IS WHAT WE BELIEVE IS DEVELOPABLE. WHEN YOU TAKE OUT THE SETBACKS AND ALL THAT STUFF, THAT'S WHY IT'S, IT'S JUST A, IT'S A VERY SMALL SITE. YEAH. I THINK THAT'S MY POINT. IT'S A VERY SMALL SITE FOR I KNOW THAT WE HAVE A LOT OF TIRE SHOPS. I PERSONALLY SHOP AT THAT FIRESTONE. I LIVE JUST AS CLOSE TO THIS SITE AS I DO TO THAT ONE. I HAVE IN GARLAND, AS YOU, I'M SURE KNOW, HAS A LOT OF STORES LIKE THIS. AS MUCH AS I WANT TO SEE BIG SUCCESSFUL COMPANIES COME TO DFW AND PARTICULARLY COME TO GARLAND, I CAN'T SEE A ANOTHER TIRE STORE IN THE CITY OF GARLAND BECAUSE MY REAL PROBLEM IS THAT IF MAVIS COMES AND THEN DOESN'T SUCCEED HERE, THEN THE RIGHTS TO HAVE A TIRE SHOP STAY WITH THAT PROPERTY NOW AND THEN WE'RE GOING TO GET A USED TIRE STORE ON THAT LOT, WHICH NONE OF US WANT. AND SO I NOT THAT I WISH FOR YOU TO FAIL, BUT I WORRY THAT THAT COULD HAPPEN. YOU'RE NEW TO THE MARKET.

PEOPLE DON'T KNOW YOU'RE THE MAVIS NAME. AND THAT'S YOU'VE GOT A YOU'VE GOT A CHALLENGE THERE TO GET THAT WORD OUT. AND SO I'M JUST NOT CONFIDENT THAT THIS CAN SUCCEED LONG TERM AND ESPECIALLY CRAMMED INTO A SPACE THIS SMALL. IT'S JUST IT'S JUST TOO SMALL TO FIT THE USE THAT YOU'RE TRYING TO DO. THE VARIANCES. YEAH, I COULD PROBABLY LIVE WITH THOSE BUT THAT THE USE STAYS WITH THIS FOREVER JUST IS JUST THAT DOESN'T SET WELL WITH ME, SIR.

THESE ARE HARD. YOU KNOW I'M NOT GOING TO SAY YOU'RE WRONG. I MEAN, THE AUTUMN IN MY DURING MY CAREER. REALLY IN THE LAST STARTING MAYBE RIGHT BEFORE COVID AUTOMOTIVE REPAIR TIRE, ALL THOSE PEOPLE STARTED TO THINK OF THEMSELVES AS RETAILERS. WE SAW THIS FIRST, LIKE WITH THE COLLISION PEOPLE, THEY STARTED TAKING SITES ON HIGHWAYS AND WANTED A LOT OF.

AND I DID SEVERAL OF THOSE HERE. YOU AND THEY'RE ALL TAKING SMALLER RETAIL SITES THAN, THAN TRADITIONALLY EMT-B OR PEPBOYS OR OTHER PEOPLE HAD. THIS IS JUST AN INDUSTRY THAT'S IN GREAT CHANGE AND THEY WANT TO BE NEAR HOMES. SO THAT'S HARD ON PEOPLE. CHANGE IS ALWAYS HARD. YOU KNOW, THERE ARE TWO THINGS PEOPLE LIKE, YOU KNOW, YOU KNOW, CHANGE AND THE WAY THINGS ARE. AND THEY VACILLATE BETWEEN THOSE TWO, WHICH IS HARD ON PLANNING AND ASKING FOR ZONING. SO YES, I DON'T BELIEVE WE FAIL. I MEAN, I DO THINK WE WOULD CAUSE DISRUPTION IN THE MARKET WITH OTHER PEOPLE. YOU KNOW, THIS IS A MODEL THAT WORKS IN 3000 LOCATIONS ALL OVER THE COUNTRY. THEY I AGREE WITH YOU. THE NAME IS LESS FAMILIAR THAN SOME OF THE OTHER BRANDS THEY'VE PURCHASED. BUT, YOU KNOW, I THINK YOU'D FIND OVER TIME SOME OF THOSE INFERIOR USES WOULD WOULD GO AWAY THAT'S WHAT THESE LARGER OPERATORS DO BECAUSE THEY CAN REALLY COMPETE AGAINST THEM. THANK YOU FOR THE COMMENTS THOUGH OKAY. THANK YOU. THANK YOU MAYOR. THANK YOU SIR. COUNCIL MEMBER DUTTON, IS THERE ANY REASON WHY YOU COULDN'T PUT THOSE BAYS ON THE OTHER SIDE OF THE BUILDING? I WELL, WE DON'T THE ONES ON THE FRONT. SURE. I

[00:50:02]

GUESS IF THE ONES ON ARAPAHO. I MEAN, IF IF Y'ALL WOULD VOTE FOR IT, MAYBE WE COULD GO BACK AND PUT THEM ON THE BACK OR MAKE IT LOOK LIKE THAT. THERE'S BAYS, BUT NOT I MEAN, SOME OF IT IS JUST THIS IS LIKE A CHILI'S OR OTHER PEOPLE THAT ARE CLIENTS, YOU KNOW, THEY THEY HAVE A BOX. THEY, YOU KNOW, IT'S CORPORATE ARCHITECTURE. I GUESS WE COULD IF THAT'S THE DIFFERENCE BETWEEN WINNING AND LOSING, I'M SURE WE'D GO BACK AND LOOK AND AND LOOK AT THAT.

YOU KNOW, THAT DIDN'T REGISTER TO ME TO DO BECAUSE I SAW THOSE HOMES OR THAT DIRECTION. AND I JUST THOUGHT THAT WAS I DON'T KNOW. I MEAN, I THAT WOULD HAVE BEEN A DIFFICULT I DIDN'T DO THE NEIGHBORHOOD MEETING, BUT I THINK A COUPLE OF COUNCIL MEMBERS WENT AND I THINK THE MAYOR DID. MY COLLEAGUES SAID THAT WAS, YOU KNOW, THE NEIGHBORS DIDN'T LOVE THAT EITHER. BUT IF IT'S A DEAL BREAKER, SURE, WE'D WE'D LOOK AT THAT. THANK YOU, THANK YOU.

ALL RIGHT. ANY OTHER QUESTIONS ON THIS ITEM? THANK YOU. MADAM SECRETARY. DO WE HAVE ANY SPEAKERS ON THIS ITEM? NO, SIR. WE'RE NOT. ALL RIGHT, COUNCIL, I JUST WANT TO SAY ONE THING BEFORE THAT THESE MID-BLOCK USES, I THINK, ARE VERY DIFFICULT. WE'VE SEEN SEVERAL OVER THE PAST SEVERAL MONTHS, INCLUDING SELF STORAGE AND OTHER TYPE USES THAT IT MAKES HARD TO DEVELOP SITES THAT HAVEN'T BEEN DEVELOPED DIFFICULT. AND I DON'T THINK IT IS RIGHT TO NECESSARILY SAY THEY WOULD HAVE ALREADY BEEN BUILT OUT BY NOW, BECAUSE THE GROWTH AND NEEDS OF IT CHANGE, AND YOU CAN'T SAY THAT IT'S IT WOULD HAVE BEEN DONE 20 YEARS AGO WITH GROWING NEEDS CHANGING. I AM A FAN OF LETTING THE FREE MARKET RUN. I LIKE HAVING COMPETITION. IF THIS IS A $2 BILLION COMPANY THAT HAS MANY 3000 OTHER SITES ACROSS THE UNITED STATES, THEY MIGHT PUSH SOME OF THOSE OTHER LOWER TIRE SHOPS OUT OF BUSINESS HERE IN OUR CITY THAT WE'RE, YOU KNOW, SO DESPERATELY MIGHT WANT TO GET RID OF. BUT JUST A FEW ITEMS TO CONSIDER BEFORE WE VOTE ON THIS ITEM. AND COUNCIL MEMBER THOMAS, THIS IS YOUR DISTRICT, SIR. I'M GOING TO MAKE A MOTION THAT WE DENY THIS REQUEST, AND. WE HAVE A MOTION BY COUNCIL MEMBER THOMAS TO DENY AND A SECOND BY MAYOR PRO TEM LUCK. ANY DISCUSSION ON THE MOTION? MADAM SECRETARY, PLEASE PREPARE THE VOTE FOR US. IN THAT ITEM IS 8 TO 1 WITH THE

[b. Consider a request by Purchasing Fund 2023 2, LLC., requesting approval of a Specific Use Provision (SUP) for an existing Guest House use on the subject site and 2) a Concept plan for a Guest House use. The site is located at 2813 Seminary Circle in District 3.]

MAYOR AND OPPOSITION. THANK YOU SIR. MOVE ON NOW TO ITEM 15 B CONSIDER REQUEST BY PURCHASING PURCHASING FUND 2023 TWO LLC REQUESTING APPROVAL OF A SPECIFIC USE PROVISION FOR AN EXISTING GUEST HOUSE ON THE SUBJECT SITE AND A CONCEPT PLAN FOR A GUEST HOUSE USE. THIS SITE IS LOCATED AT 2813 SEMINARY CIRCLE IN DISTRICT THREE. THANK YOU MAYOR, FOR THE RECORD. NABILA, DIRECTOR OF PLANNING AND DEVELOPMENT. WE HAVE BEEN PROVIDED THIS DIRECTION TO INTRODUCE OURSELVES AT THE BEGINNING OF THE PRESENTATION. AND I FORGOT THE LAST TIME. CORRECT THE RECORD. THANK YOU. SO THIS IS A REQUEST FOR AN SCP FOR AN EXISTING ACCESSORY DWELLING GUEST HOUSE AND AN ASSOCIATED CONCEPT PLAN. SO A LITTLE BIT OF BACKGROUND. THIS IS ALREADY BUILT ON THIS LOT. THIS GUEST HOUSE WAS BUILT WITHOUT AN SCP AND WITHOUT A PERMIT. THE CURRENT OWNER HAS NOT BEEN ABLE TO CONFIRM WHEN THIS WAS BUILT.

ACCORDING TO THE CURRENT OWNER, THIS WAS BUILT BY THE PREVIOUS OWNER, BUT IF THIS IS APPROVED BY CITY COUNCIL, THEY'LL STILL HAVE TO GO THROUGH THE BUILDING PERMIT PROCESS. OBTAIN THE PERMIT AND BUILDING INSPECTION WILL HAVE TO MAKE SURE ALL THE APPLICABLE CODES ARE BEING MET.

ONE. ONE THING ABOUT THIS SITE. THIS LOT IS A LITTLE LARGER THAN MOST OTHER IN THE NEIGHBORHOOD, SO THERE IS A LITTLE BIT OF OPPORTUNITY OF CREATING THIS ADDITIONAL STRUCTURE OR HAVING THIS ADDITIONAL STRUCTURE ON THE SITE WITHOUT CAUSING TOO MUCH OF AN OVERCROWDING OF THE SITE. LOCATED IN DISTRICT THREE, LOT SIZE IS 28,156 SQUARE FOOT.

IT'S ZONED SF SEVEN. THE ADDRESS IS 20 813. SEMINARY CYCLE. AS YOU CAN SEE, THIS IS SURROUNDED. THIS IS IN A NEIGHBORHOOD. THIS IS SURROUNDED BY OTHER SINGLE FAMILY HOMES. ALL OF IT IS ZONED AS SF SEVEN ON ONE SIDE TO THE SOUTHWEST. THERE IS AN OLDER PD, BUT THAT IS ALSO THAT ALSO HAS THE SAME ZONING OF SINGLE FAMILY. THIS LOT IS AT

[00:55:01]

THE END OF A CUL DE SAC. THE COMP PLAN CALLS OUT FOR TRADITIONAL NEIGHBORHOODS. OF COURSE, THIS NEIGHBORHOOD HAS BEEN BUILT PER THE COMPREHENSIVE PLAN, AND WE DO THINK THIS ACCESSORY D DWELLING GUEST HOUSE COULD BE A GOOD FIT IN THIS NEIGHBORHOOD. ADDING ADDITIONAL HOUSING IN THE NOT ADDITIONAL HOUSING IN ANY WAY, BUT AT ADDITIONAL OPPORTUNITY FOR THIS HOMEOWNER TO UTILIZE THISA LITTLE BIT OF OF AN OVERSIZE LOT WITHOUT CREATING TOO MUCH OF AN ISSUE FOR THE NEIGHBORHOOD. HERE ARE SOME SITE PHOTOS. ON THE RIGHT SIDE, YOU SEE THE HOME THAT AS WE COULD SEE FROM THE STREET, AND THE OTHER OTHER ONE IS FROM THE ALLEY, AND YOU CAN SEE THAT ACCESSORY DWELLING FROM THE BACK, THE THE ROOF OF THAT.

THIS IS THE CONCEPT PLAN, WHICH IS ALSO KIND OF AN AS BUILT AS BUILT PLAN FOR THIS, FOR THIS LOT HERE YOU SEE THIS IS THE BUILDING. THIS IS THE MAIN HOUSE, WHICH IS ABOUT A LITTLE OVER 4300 SQUARE FOOT. THERE'S A SWIMMING POOL. AND THIS IS THE GUEST HOUSE THAT IS 1030 SQUARE FOOT. SO OVERALL, THIS PROPERTY CAN HAVE THIS SITE. SF SEVEN CAN HAVE UP TO 45% COVERAGE, LOT COVERAGE. AND WITH THIS ACCESSORY DWELLING THIS IS AT 23%. SO THIS IS WELL BELOW THAT LOT COVERAGE THRESHOLD. THE APPLICANT IS REQUESTING AN INDEFINITE PERIOD.

OR WE DO HAVE AN SUP TIME PERIOD GUIDELINE WHICH ALSO WHICH RECOMMENDS FIVE YEARS TO AN INDEFINITE NUMBER OF YEARS. IF APPROVED. WE DON'T REALLY SEE A REASON TO LIMIT THE YEARS IN THIS PARTICULAR SITUATION. SO OUR RECOMMENDATION IS APPROVAL WITH AN INDEFINITE NUMBER OF YEARS. AND PLAN. COMMISSION ALSO CONCURRED. BUT AGAIN, EVEN IF THE SUP IS APPROVED, THEY'LL HAVE TO GO THROUGH THE BUILDING PERMIT PROCESS, AND WE'LL HAVE TO MAKE SURE ALL THE BUILDING CODE AND OTHER APPLICABLE CODES ARE BEING MET. WE DID RECEIVE ONE.

WE SENT OUT 66 NOTIFICATIONS, RECEIVED ONE IN FAVOR FROM WITHIN THE NOTIFICATION AREA, AND SIX AGAINST FROM WITHIN THE NOTIFICATION AREA. WE DID RECEIVE ONE IN FAVOR THAT IS OUTSIDE OF THE NOTIFICATION AREA, A TOTAL OF EIGHT. I DID GO THROUGH ALL THE ALL THE RESPONSES AND THE COMMENTS. SOME OF IT WERE HANDWRITTEN, SO SOMETIMES WAS A LITTLE HARD FOR ME TO DECIPHER. BUT I THINK THE GENERAL SENTIMENT WAS THAT, HEY, THIS IS A SINGLE FAMILY NEIGHBORHOOD, LET'S KEEP IT THAT WAY. WE DO NOT WANT ANY UNNECESSARY RENTAL SITUATIONS, SO ON AND SO FORTH. SO ON THAT POINT, I DO WANT TO MAKE A CLARIFICATION. THESE PARTICULAR WHEN A GUEST HOUSE BY DEFINITION CANNOT BE RENTED OUT, A GUEST HOUSE BY DEFINITION HAS TO BE OCCUPIED BY EITHER A GUEST OR A FAMILY MEMBER. AND ACCORDING TO THE APPLICANT, THIS WILL BE OCCUPIED BY A FAMILY MEMBER OF THE HOMEOWNER. WITH THAT, I'M AVAILABLE FOR QUESTIONS. COUNCIL MEMBER WILLIAMS. IS HE THE CURRENT HOMEOWNER PRESENT TONIGHT? I DON'T THINK SO. OKAY, MAYBE. MAYBE YOU KNOW, THE YOU SAID AT THE OUTSET THAT THE CURRENT OWNER BOUGHT IT FROM THE PREVIOUS OWNER, BUT WITHOUT PERMIT OR ANYTHING? IS THAT IS THAT LET ME LET ME PLEASE. THEY DIDN'T KNOW HOW THE GUEST HOUSE AND THE, THE MAIN HOUSE WERE BUILT, RIGHT? AM I WRONG? ACCORDING TO THE APPLICANT THAT WAS BUILT BY THE PREVIOUS OWNER.

SO THEY ARE THEY ARE NOT RESPONSIBLE FOR THE FOR THE STRUCTURE THAT WAS BUILT WITHOUT A PERMIT. YES, SIR. THEY BUILT THIS HOUSE AND GUEST HOUSE. NO, NO, NO, THE HOUSE IS THE THE HOME ITSELF, THE MAIN STRUCTURE. THAT ONE'S FINE. THAT ONE WAS BUILT WITH A PERMIT AND EVERYTHING. OKAY. I WANT TO GET CLARITY ON THAT. CORRECT. THE ACCESSORY DWELLING UNIT IS THE ONE THAT NEEDS AN SUP. SO THAT ONE WAS BUILT WITHOUT. SO THE 1030FT■S OF ACCESSORY DWELLING, WHICH IS THE GUEST HOUSE AT THE BACK OF THE HOUSE. THAT ONE WAS BUILT WITHOUT THE SUP AND WITHOUT A PERMIT, WITHOUT AN. DOES THAT ALSO MEAN WITHOUT ANY KIND OF INSPECTION THAT I'M TALKING ABOUT THE GUEST HOUSE? CORRECT? THAT IS CORRECT, SIR. AND HE SHE HE OR SHE WASN'T ABLE TO TO FIND THAT FROM THE PREVIOUS OWNER OWNER. WHY THAT WAS DONE

[01:00:09]

THAT WAY. NO, WE HAVEN'T FOUND A REASONING. YOU ASKED THE CURRENT OWNER. WE ASKED THE CURRENT OWNER. THEY DID NOT KNOW WHEN OR HOW WAS IT BUILT OR WHY IT WAS BUILT WITHOUT A PERMIT. OKAY. AND YOUR RECOMMENDATION IS FOR, I THINK, INDEFINITE TIME PERIOD, RIGHT? CORRECT. AND THE SECOND ONE I FORGOT. THAT'S THE PLAN COMMISSION'S RECOMMENDATION. IT WAS THE SAME. PLAN COMMISSION ALSO RECOMMENDED APPROVAL FOR INDEFINITE NUMBER OF YEARS, INDEFINITE. OKAY. BUT WE KNOW WHO THE CURRENT OWNER IS, RIGHT? CORRECT. OKAY. ALL RIGHT, ALL RIGHT. THANK YOU MAYOR. THANK YOU SIR. MAYOR PRO TEM LUCK. MISS NERVE. IF THIS ADU WAS BUILT UNDER PERMIT, WOULD IT HAVE PASSED ALL OF THE SETBACKS AND EVERYTHING? IT WOULD HAVE MET THE SETBACKS REQUIREMENTS. OKAY, BUT I DON'T KNOW IF IT WOULD HAVE MET THE BUILDING CODE REQUIREMENT. UNDERSTOOD. BUT THAT WILL BE ADDRESSED IF IT'S APPROVED. CORRECT. AND THEN YOU YOU'RE TALKING ABOUT THE OWNER, BUT THE THE APPLICANT IS PURCHASING FUND 2023 TWO. THAT PIECE I'M NOT TOO SURE THIS IS I KNOW THEY'RE TRYING TO SELL IT TO ANOTHER PERSON NOW. AND THAT'S WHEN THEY FOUND OUT DURING THAT THAT PROCESS, THEY FOUND OUT THERE IS A PIECE OF THIS PROPERTY THAT WAS BUILT WITHOUT A PERMIT. SO THAT'S WHAT THEY ARE TRYING TO RECTIFY. BUT YEAH, THAT PART I'M NOT TOO SURE, BUT THAT IS THE OWNER. WEIRD. OKAY, THAT'S AN ODD. I'VE NEVER MET ANYONE NAMED PURCHASING FUND BEFORE. IT'S AN LLC. YEAH. THANK YOU VERY MUCH. WELCOME. COUNCIL MEMBER THOMAS. SO PURCHASING FUND BROUGHT THIS TO OUR ATTENTION TO GET INTO COMPLIANCE SO THEY CAN SELL THE PROPERTY. IS THAT HOW WE FOUND OUT ABOUT IT? CORRECT. I DON'T BELIEVE WE OUR CODE HAD ISSUED ANY CITATION ON THIS. AND SO NO, NO NEIGHBORHOOD COMPLAINTS PRIOR TO THIS COMING TO LIGHT. I'M NOT AWARE OF ANY NO, SIR. I MEAN, SO THIS HADN'T THEY HADN'T APPLIED FOR THIS. SO THEY'RE JUST GONE AND SOLD IT.

NEIGHBORS WOULDN'T EVEN BE AWARE. I MEAN, THINK ABOUT ALL THE PEOPLE THAT, YOU KNOW, OPPOSE IT NOW THAT THEY'RE AWARE, BUT IT SEEMS STRANGE THAT THEY WOULD NOT HAVE BEEN AWARE BEFORE THAT. YEAH. A LOT OF THE TIMES THIS COME UP WITH GUEST HOUSES AND ACCESSORY DWELLINGS OR ACCESSORY STRUCTURES, LIKE WHAT IF THEY'RE RENTING IT OUT AS AN AIRBNB OR SOMETHING LIKE THAT, OR USING IT IN A WAY THAT THEY SHOULDN'T BE? FOR EXAMPLE, RUNNING A BUSINESS OUT OF THIS UNIT IS ALSO NOT PERMITTED PER THE DEFINITION OF THIS USE. SO WE DO RELY ON THE NEIGHBORS TO BRING IT TO OUR ATTENTION. IF, LET'S SAY THIS IS APPROVED AND WITHIN SIX MONTHS THE NEIGHBOR STARTS SEEING A DIFFERENT CAR IN FRONT OF THE PROPERTY EVERY NIGHT. THAT COULD BE AN INDICATION OF THIS BEING USED AS SOMETHING THAT MAY NOT, MAY OR MAY NOT BE OKAY. SO FOR THESE KIND OF THINGS ARE MORE COMPLAINT BASED AND WE DO RELY ON THE NEIGHBORHOOD TO BRING IT TO OUR ATTENTION. OKAY. AND SO DID YOU SAY IF WE APPROVE THIS TONIGHT THEN CODE COMPLIANCE WOULD GO AND SEE THAT THE BUILDING WAS BUILT TO CODE. SO THEY WILL HAVE TO SUBMIT FOR A BUILDING PERMIT. SO THERE'S ANOTHER STEP THEY'LL HAVE TO SUBMIT FOR THE BUILDING PERMIT THAT WILL SHOW ALL THE LIKE THE STRUCTURAL DETAILS OF WHAT THEY HAVE BUILT. AND ONCE THAT IS PASSED, THAT HAS BEEN APPROVED BY OUR BUILDING PERMIT DEPARTMENT, BUILDING INSPECTION DEPARTMENT, THAT'S WHEN THEY'LL GO OUT THERE AND MAKE SURE IT'S ACTUALLY BUILT PER THAT CODE. OKAY. VERY GOOD. THANK YOU MA'AM. THANK YOU MAYOR. THANK YOU SIR. COUNCILMEMBER BASS THANK YOU. THANK YOU NABILA. YOU MENTIONED THAT IT COULD BE USED BY PER OUR GDC. IT COULD BE USED BY A FAMILY MEMBER OR A GUEST. CORRECT. SO SO THIS COULD NOT BE USED AS A SHORT TERM RENTAL. CORRECT. OR IS THAT CONSIDERED A GUEST? LET OUR CITY ATTORNEY'S OFFICE CHIME IN. YEAH, I ACTUALLY WAS PREPARED TO SPEAK TO THAT AND A COUPLE OTHER ISSUES THAT HAVE COME UP IN Y'ALL'S QUESTIONS. THIS IS ONE OF THOSE DIFFICULT CASES BECAUSE WE HAVE A PROPERTY THAT HAS BEEN IMPROVED WITHOUT A PERMIT. AND WE ALWAYS

[01:05:01]

AND I USE THE WE AS AN ALL. STRUGGLE WITH HOW TO ANALYZE THESE CASES AND MAKE DECISISIONS ON THESE CASES. WHEN YOU HAVE A STRUCTURE THAT'S BEEN BUILT UNLAWFULLY AND ONE OF THE, AS YOU ALL MAY RECALL, THE ADVICE I GIVE YOU ON A FREQUENT BASIS IS THAT SHOULD NOT BE A CONSIDERATION, AS YOU ALL THINK ABOUT THIS CASE AND WHETHER THIS STRUCTURE IS APPROPRIATE AND THE USE IS APPROPRIATE FOR THIS NEIGHBORHOOD. AND AND YOU TAKE INTO CONSIDERATION THE SIZE OF THE PROPERTY, THE TYPE OF NEIGHBORHOOD AS FAR AS SIZE OF HOUSES. AND SO THE FACT THAT THEY'VE UNLAWFULLY, THE PREVIOUS OWNER UNLAWFULLY BUILT THIS STRUCTURE SHOULD NOT BE A CONSIDERATION. CONSIDERATION IS IF IS WE HAVE A FICTION THAT THIS STRUCTURE DOES NOT EXIST RIGHT NOW. IF IT DOES NOT EXIST RIGHT NOW, HOW WOULD YOU DECIDE THIS CASE. AND THAT'S KIND OF HOW YOU SHOULD APPROACH THAT CASE. SO THAT'S MY FIRST POINT. MY SECOND POINT IS THE OWNER DOES NOT MATTER. ALSO, IT IS UNUSUAL THAT AN LLC IS THE OWNER, BUT IT'S UNUSUAL ONLY IN THE SENSE THAT MANY LLCS OWN INVESTMENT PROPERTIES. AND THAT'S PROBABLY THE CASE HERE.

BUT THAT'S NOT SOMETHING Y'ALL SHOULD CONSIDER IN YOUR EVALUATION OF WHETHER OR NOT THIS IS AN INVESTMENT PROPERTY OR NOT. AND THE THIRD THING IS WHAT COUNCILMAN BASS HAS POINTED OUT HERE ABOUT THE SHORT TERM RENTAL. IT WILL BE DIFFICULT BECAUSE OF THE STATE'S POSITION AND SOME OF THE APPELLATE INTERMEDIATE APPELLATE COURTS POSITIONS ON STRS AND THE RIGHT AS A PROPERTY OWNER TO LEASE PORTIONS OF YOUR PROPERTY OUT, INCLUDING SINGLE BEDROOMS AND INCLUDING ACCESSORY BEDROOMS. AND THEY CONSIDER THAT A FUNDAMENTAL RIGHT IN TEXAS OF PROPERTY OWNERSHIP. AND SO IT WILL BE IT'S A IT'S A REAL RISK THAT THIS COUNCIL SHOULD CONSIDER BECAUSE YES, IT'S A IT'S A QUESTION THAT HAS NOT BEEN ANSWERED YET BECAUSE ONCE AGAIN, THE SUPREME COURT HASN'T MADE THESE DETERMINATIONS, BUT IT IS A RISK THAT THIS COULD BE USED IF NOT FOR A SHORT TERM RENTAL. IT PROBABLY COULD BE USED AS A AS A RENTAL, AS IN JUST RENTING ANOTHER ROOM OUT OF YOUR HOUSE, DESPITE THE FACT IT'S AN ACCESSORY DWELLING. NOW, THERE ARE WAYS TO APPROVE THIS WHERE YOU HAVE LIMITS ON THE AMOUNT OF TIME SOMEONE COULD STAY THERE WITHOUT STAYING SOMEWHERE ELSE. YOU COULD DO THAT. AND THAT'S ONE WAY TO AVOID THAT PROBLEM. OKAY. THANK YOU, I APPRECIATE THAT. AND ONE MORE THING. SO I DID LOOK THIS UP ON ON GOOGLE MAPS. AND ACTUALLY THE ADU IS FURTHER AWAY FROM ANY OTHER PROPERTY THAN EVEN THE REST OF THIS HOUSE. I MEAN, IT'S AN ALLEY.

THE HOUSES THAT THAT BACK UP TO IT ON THE OTHER SIDE OF THE FENCE ARE REALLY FAR AWAY, SO IT'S NOT ANYWHERE NEAR ANOTHER HOUSE COMPARED TO THE RELATIVE DISTANCE OF OTHER HOUSES TO EACH OTHER IN THIS NEIGHBORHOOD. SO THAT'S THAT'S A GREAT POSITIVE GOING FOR IT. YEAH.

THAT'S WHAT WE WANTED TO KIND OF PORTRAY IN THE VERY BEGINNING THAT BECAUSE OF THE THE LAYOUT OF THIS SITE WHERE IT'S LOCATED, THE WAY THE STRUCTURE HAS BEEN BUILT, THE THE IMPACT OR PERCEIVED IMPACT IS PRETTY MINIMAL IN OUR OPINION. THANK YOU. APPRECIATE THE PRESENTATION. THANK YOU MAYOR. THANK YOU SIR. COUNCIL MEMBER MOORE ANY OTHER COUNCIL PEOPLE WANT TO SPEAK TO IT? I DON'T KNOW, BUT I WILL CHECK AND SEE IF THERE'S ANY CITIZENS AS WELL. I'LL WAIT UNTIL THE END. OKAY. ALL RIGHT. MADAM SECRETARY, IS THE APPLICANT HERE? I'M NOT SURE. I DID NOT SEE THE SPEAKER CARD. IS THE APPLICANT IN THE AUDIENCE WOULD LIKE TO SAY ANYTHING ON THIS CASE? I DO NOT SEE ANYBODY. IS THERE ANYONE ELSE SIGNED UP? SIGNED UP TO SPEAK ON THIS ITEM? NO, SIR. COUNCILMAN MOORE, BACK TO YOU, SIR. THANK YOU, MR. MAYOR. COUNCIL, I WAS VERY CONCERNED ABOUT THIS CASE WHEN IT WHEN I LEARNED ABOUT IT AND VERY RECENTLY, PRIMARILY BECAUSE THE HOME WAS THE EXTRA HOME WAS BUILT WITHOUT A PERMIT, WITHOUT PERMISSION. AND OF COURSE, WHEN THAT TAKES PLACE, ONE OF THE FIRST THINGS THAT I THINK ABOUT IS, WELL, THAT'S A PROBLEM TO BEGIN WITH. BUT THEN WHEN I DID LEARN THAT, IT'S QUITE POSSIBLE THAT THE THE OWNER, THE OWNER MAY HAVE PURCHASED A HOME WITH THE PROPERTY ALREADY ON IT, NOT KNOWING THAT THAT WAS THE CASE. AND AS A RESULT OF THAT, THEY WOULD NOT HAVE EVEN QUESTIONED, THEY WOULD HAVE JUST PURCHASED IT AND GONE ON. NOW THAT THEY ARE ATTEMPTING TO SELL IT IS WHEN WE FIND OUT THAT WE HAVE SOME PROBLEMS. I DID MAKE SOME CALLS AND YOU HAVE ALREADY HEARD WHAT HAS ALREADY BEEN STATED. I MADE A CALL TO MY REPRESENTATIVE THAT SERVES ON THE PLANNING COMMISSION, MADE A CALL TO NABILA, AND YOU'VE ALSO HEARD FROM OUR ATTORNEY. CONSIDERING ALL THAT, I HAD THE OPPORTUNITY TO TRULY TEST IN THE WAY OF HOW I WOULD VOTE FOR THIS, IT HAS A GREAT DEAL TO DO WITH THE LAND USE, AND AS A

[01:10:04]

RESULT OF THAT, I THINK THAT COUNCILMAN BASS IS PRETTY MUCH IT NAIL ON THE HEAD. AND THAT IS BECAUSE IT'S A VERY LARGE PARCEL. IT'S IN A CUL DE SAC, AND THEY'RE GOING TO HAVE TO GO THROUGH THE PERMIT PERMITTING PROCESS. I HAVE TO SAY THAT, YES, I WOULD VOTE FOR IT TONIGHT, PRIMARILY BECAUSE IT DOES MEET ALL THE GUIDELINES THAT ARE STATED IN THE WAY OF WHAT WE HAVE TO ADHERE TO IN THE WAY OF HOW WE LOOK AT THESE TYPES OF PROPERTIES. SO WITH THAT, MR. MAYOR, IF THERE ARE NO OTHER QUESTIONS, I WOULD LIKE TO MAKE A MOTION THAT THE IT BE APPROVED AS HAS BEEN PRESENTED. ALL RIGHT. WE HAVE A MOTION. IF YOU PUNCH THE MOTION BUTTON THAT THEY BEAT YOU TO IT. BUT WE'LL GIVE YOU THE MOTION. AND THE SECOND IS COUNCILMAN WILLIAMS. ANY DISCUSSION ON THIS ITEM COUNCIL. SEEING NONE. MADAM SECRETARY, PLEASE PREPARE THE VOTE FOR US. THAT ITEM PASSES UNANIMOUSLY. ALL RIGHT. WE'LL MOVE THEN ON TO OUR NEXT

[c. Consider a request by Kimley-Horn, 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 Fuel Pumps, Retail use. The site is located at 2000 East Centerville Road in District 2.]

ITEM IS ITEM 15 C. CONSIDER A REQUEST BY KIMLEY HORN REQUESTING APPROVAL OF A SPECIFIC USE PROVISION FOR FUEL PUMPS. RETAIL USE ON PROPERTY. ZONED COMMUNITY RETAIL DISTRICT AND A CONCEPT PLAN FOR FUEL PUMPS. RETAIL USE. THE SITE IS LOCATED AT 2000 EAST CENTERVILLE ROAD IN DISTRICT TWO. THANK YOU, MR. MAYOR, FOR THE RECORD. NABILA, DIRECTOR OF PLANNING AND DEVELOPMENT. THE PROPERTY IS LOCATED AT 2000 EAST CENTERVILLE, 1.85 ACRE PROPERTY. YOU'LL SEE FURTHER IN THE PRESENTATION. THIS IS PART OF A MUCH LARGER PARCEL WHICH IS ABOUT TEN ACRES. AND THAT WHOLE PARCEL IS ZONED COMMUNITY RETAIL HERE. SO WE HAVE THIS BIG PARCEL HERE THAT IS ABOUT TEN ACRES, AND THIS IS THE PIECE THAT THE APPLICANT IS WANTING TO DEVELOP WITH THE 4300 SQUARE FOOT CONVENIENCE STORE AND TEN FUELING FUEL PUMPS. ON THE ZONING TO THE NORTH AND EAST, THERE'S THAT 300 UNIT MULTI-FAMILY DEVELOPMENT THAT IS CURRENTLY UNDER CONSTRUCTION. I BELIEVE THEY'RE ALREADY VERTICAL.

SHOULD BE. IT'S NOT THERE. COMPLETION IS NOT TOO FAR AWAY FROM WHAT IT SOUNDS LIKE TO THE SOUTH ACROSS MUELLER, WE HAVE THIS OTHER PD WITH SINGLE FAMILY ATTACHED HOMES. I BELIEVE IT'S 9090 UNITS FOR THAT ONE. THEY'RE CURRENTLY IN THE SITE PERMIT STAGE AND GOING THROUGH THE SITE PERMIT. SO SOMETIME THIS YEAR THE PERMIT SHOULD BE RELEASED. AND THEY SHOULD BE. IN THE CONSTRUCTION IN THE CONSTRUCTION MODE. SO A LOT OF NEW HOMES COMING ON THE EAST SIDE OF THIS, THIS PARTICULAR SITE. THE OTHER PIECE THAT I WANT TO MENTION WITH, WITH US BEING 97% BUILT OUT, WE DON'T REALLY HAVE VERY MANY GREENFIELD UNDEVELOPED PARCEL LEFT THAT POSES THIS KIND OF OPPORTUNITY THAT WE HAVE ON ON THIS PIECE. IT HAS A HARD CORNER. IT IS ALREADY ZONED COMMUNITY RETAIL. IT IS SURROUNDED BY HOMES. SO I JUST WANTED TO TO EMPHASIZE THAT THIS IS A GREAT OPPORTUNITY, THIS ENTIRE NOT JUST THIS 1.85 ACRES, BUT THIS ENTIRE TEN ACRES IS A BIG OPPORTUNITY FOR US TO DO SOMETHING, SOMETHING GOOD, SOMETHING NICE FOR FOR THE RESIDENTS IN THAT AREA. THE COMP PLAN CALLS, CALLS IT OUT FOR NEIGHBORHOOD CENTERS. AGAIN, IT PROVIDES THE NEIGHBORHOOD CENTER, PROVIDES A MIX OF RETAIL SERVICES AND COMMUNITY GATHERING PLACES. THIS CENTER SHOULD BE APPROPRIATELY SCALED TO ADJACENT RESIDENTIAL AREAS, WHICH IS WHY, AGAIN, THIS IS SO PERFECT. THIS HAS SO MANY NEIGHBORHOODS, KIND OF ON ALL SIDES OF THIS SITE, AND WE DO SEE IT AS A GREAT OPPORTUNITY.

IF WE COULD STICK TO THE VISION OF THE COMP PLANWHICH THIS CONVENIENCE STORE WITH FUEL PUMPS, IN OUR OPINION, DOES NOT. HERE ARE SOME SITE PHOTOS OF OF THE OF THE SITE LOOKING DOWN FROM EAST MILLER FROM MILLER AND CENTERVILLE. JUST SOME OTHER PHOTOS TO GIVE YOU A GENERAL IDEA OF THE OF THE AREA. HERE'S THE CONCEPT PLAN. VERY TRADITIONAL CONVENIENCE STORE WITH FUEL PUMPS. LAYOUT. THE BUILDING IS BEHIND THE FUELING STATIONS. THE FUELING STATION IS WHAT IS FACING CENTERVILLE AND MILLER. WHAT YOU SEE IN DARKER ORANGE IS THE IS THE

[01:15:01]

FIRE LANE. WHAT YOU SEE IN BLUE IS THE 2300 SQUARE FOOT CONVENIENCE STORE BUILDING. THE CONVENIENCE STORE BUILDING CAN GO THERE BY RIGHT ITSELF, BUT IT'S THE FUEL PUMP COMPONENT THAT REQUIRES THE SPECIFIC USE PROVISION. THE APPLICANT IS REQUESTING 25 YEAR. THE SUPP GUIDELINE RECOMMENDS 2 20 TO 25 YEARS AGAIN FOR THE FOR THE REASONS THAT WE MENTIONED EARLIER IN THE PRESENTATION, OUR RECOMMENDATION IS DENIAL. WE DO SEE A BIG OPPORTUNITY ON THIS SITE FOR IT TO TRULY MATCH THE VISION THAT WAS SET FORWARD ON THE COMPREHENSIVE PLAN AND BRING THIS REALLY A TRUE COMMUNITY GATHERING SPACE. IT DOES HAVE THAT ACREAGE. IT HAS TEN ACRES. IT COULD IT COULD BE DEVELOPED AS A REALLY COORDINATED DEVELOPMENT PROJECT THAT CAN SERVE ALL THESE RESIDENTS THAT ARE ALREADY THERE ON THE WEST SIDE, AND ALL THE NEW RESIDENTS THAT ARE COMING ON THE EAST SIDE OF THIS SITE. AND ALSO THERE IS ANOTHER GAS STATION JUST THE CORNER OF IT. IT IS A SMALLER TEXACO THAT'S THERE ALREADY. AND IF YOU START GOING LIKE IF YOU GO UP CENTERVILLE, THERE ARE TWO OTHERS AT THE INTERSECTION OF CENTERVILLE AND 66. SO THERE ARE I KNOW THERE COULD BE SOME CONCERNS ABOUT PROVIDING AMENITIES AND THOSE KIND OF SERVICES THAT TYPICALLY DO COME WITH CONVENIENCE STORES AND FUEL PUMPS. WE DO THINK THERE'S ENOUGH FOR NOW FOR THESE RESIDENTS TO BE SERVICED, AND IF WE COULD SEE THIS, THIS PIECE TO BE DEVELOPED WITH A MORE VIBRANT DESTINATION, COMMUNITY GATHERING SPACE THAT WOULD TRULY MATCH THE COMP PLAN VISION WITH THAT? OH WELL, THERE WERE RESPONSE LETTERS, RESPONSE LETTERS THAT WAS SENT OUT 109. WE GOT ONE RESPONSE IN OPPOSITION. THAT'S FROM WITHIN THE NOTIFICATION AREA, AND WE GOT 11 THAT ARE FROM 11 IN FAVOR THAT ARE FROM OUTSIDE OF THE NOTIFICATION AREA. SO OVERALL WE GOT WE RECEIVED 12.

BUT I WENT THROUGH THE COMMENT LETTERS. I'M NOT REALLY REMEMBERING ANYTHING SPECIFIC TO MENTION, BUT I CAN LOOK THAT UP IF YOU'RE INTERESTED, BUT I DON'T REALLY REMEMBER ANY TRUE CONCERNS OR OF NOTE TO MENTION HERE AT T AT CITY COUNCIL. WITH THAT, I'M AVAILABLE FOR QUESTIONS. MAYOR PRO TEM LUCK. WHERE WAS THE OTHER CASES LOCATION THAT WE APPROVED RECENTLY. THAT WAS IN DISTRICT SEVEN TO OUR DISTRICT ONE. NO. DISTRICT ONE. YEAH, THAT WAS IN DISTRICT ONE TO THE NORTH EAST SIDE OF THE CITY. YES. YEAH. IT WAS ON A SMALLER PIECE TO THE TO THE NORTH. I'M TRYING TO REMEMBER THE BUT WASN'T IT, WASN'T IT LIKE CLOSE TO AN ENTRANCE TO OUR CITY WASN'T CORRECT. WE CONSIDERED ALL OF OUR ENTRANCES FROM ROWLETT WOULD HAVE A CASES ON THEM. IS THAT WHAT WE'RE TALKING ABOUT? I'M JUST ASKING. THAT IS WHAT'S BEING PROPOSED. AND WE ARE NOT RECOMMENDING APPROVAL OF THAT. THANK YOU. I THINK WE'VE BOTH MADE OUR SENTENCES. COUNCIL MEMBER BEARD. AS WE'VE DISCUSSED EARLIER, I AM HAVING A REALLY HARD TIME WITH THIS ONE. YES, THIS IS SUPPOSED TO BE A CASE. HE'S CORRECT. THAT IS CORRECT. OKAY. SO IN THE CONVENIENCE STORE WORLD, THAT'S PRETTY TOP OF THE LINE. MY CONCERN AND I GUESS IT KEEPS COMING UP AGAIN AND AGAIN. WE'VE GOT 301 NEW HOMES GOING IN BEHIND IT, 91 HOMES GOING IN ACROSS THE STREET. AND THE ONLY THE TEENY TINY LITTLE CONVENIENCE STORE GAS STATION THERE IS THE ONLY THING AROUND THERE THAT PROVIDES. EXCE ME.

HOLD ON, HOLD ON. OKAY. GO AHEAD. EXCUSE ME SIR. OKAY, I'M JUST TRYING TO UNDERSTAND WHAT ALL IS AROUND THERE. AND LIKE I SAID, I DROVE THIS SIGNIFICANTLY TODAY. AND WE DISCUSSED. IS THERE ANY OTHER. DO WE HAVE ANY PLANS? IS THERE ANYTHING IN THE WORKS FOR THIS LOT? DO WE KNOW? I'M NOT AWARE OF ANYTHING THAT'S CURRENTLY IN THE WORKS, BUT I DID TOUCH BASE WITH OUR ECONOMIC DEVELOPMENT DEPARTMENT TO SEE IF THEY HAVE SEEN ANY INTEREST IN RECENT

[01:20:03]

TIMES. THEY DID SAY THEY DID BELIEVE VERY STRONGLY THAT HAVING THAT ENTIRE TEN ACRES IS GOING TO BE VERY IMPORTANT FOR THEM TO ATTRACT TRUE NEIGHBORHOOD CENTER TYPE PROJECTS. AND THERE'S ANOTHER COMPONENT OF IF AND THERE ARE USES HAVE PROXIMITY. SO ONCE A GAS STATION GOES SOMEWHERE, IT'S ONLY NATURAL FOR THE NEXT THING. NEXT THING IN THAT TEN ACRES TO BE PROPOSED IS A CAR WASH, BECAUSE THEY KIND OF GO HAND IN HAND. AND THAT'S WHAT WE ARE TRYING TO AVOID. SO IF WE'RE CARVING IT OUT IN LITTLE PIECES, PLANNING AND ED, WE BOTH THINK THAT'S NOT GOING TO BRING IN THE DESIRED OUTCOME FOR THAT ENTIRE AREA, THAT HAVING THAT ENTIRE TEN ACRES GIVES ED MUCH MORE OPPORTUNITY TO HAVE MEANINGFUL DISCUSSION WITH DEVELOPERS. AND THERE APPARENTLY WAS SOME CONVERSATIONS A FEW YEARS AGO IT DIDN'T COME TO FRUITION. BUT AGAIN, THIS THERE HAS TO BE INTEREST. THERE'S NO REASON WHY THERE WON'T BE. IT'S ZONED CORRECTLY. IT DOESN'T HAVE ANY BIG NATURAL ISSUES. IT'S NOT IN THE FLOODPLAIN, IT'S NOT COVERED BY TREES OR ANY OF THAT. THAT PIECE, IT IS SURROUNDED BY EXISTING HOMES AND UPCOMING HOMES. SO I WE DO THINK JUST WAITING A LITTLE BIT, THERE IS TRUE OPPORTUNITY TO HAVE SOMETHING MEANINGFUL HERE. OKAY, LIKE I SAID, MY CONCERN IS THESE 400 OR SO NEW HOMES THAT ARE COMING IN AND I WANT TO MAKE SURE THAT SOMETHING IS GOING THERE THAT WILL PROVIDE WHAT THOSE HOMES WILL NEED. A GROCERY STORE OF SOME SORT. I WOULD LOVE TO SEE OTHER BUSINESSES THERE, BUT THAT ONE LITTLE CONVENIENCE STORE ON THE CORNER IS. VERY SMALL. SO THAT'S WHAT THOSE WERE MY CONCERNS. OKAY. THANK YOU.

YOU'RE WELCOME. AND THERE ARE THERE ARE TWO MORE. JUST JUST FOR NOW. THERE ARE TWO MORE IF THEY JUST KEEP GOING NORTH UP ON CENTERVILLE AND THAT IS APPROXIMATELY WITHIN A MILE, I THINK. SO IT'S NOT TOO FAR AWAY. I DROVE IT TODAY. YEAH, I KNOW WHERE THEY ARE. THANK YOU.

COUNCILMEMBER WILLIAMS. THANK YOU MAYOR. GO BACK TO THE SLIDE WHERE YOU HAD THE NOTIFICATION.

DO YOU? OKAY. ON THE ON THE ONE WITHIN THE AREA. CAN YOU TELL ME WHAT THE THE GIST OF THE COMMENTS WERE? THE THE ONE. I DID READ THEM ALL, BUT SOMETIMES THEY JUST SKIP ME.

THIS IS. WELL, YOU HAVE A PROBLEM REMEMBERING THAT ONE OF 11 OUTSIDE OF THE NOTIFICATION AREA. GIVE ME THE THE CRUX OF WITHOUT THE CRUX OF WHAT WAS WHAT WAS THE SENTIMENT OF THOSE 11? I DON'T SEE ANY PARTICULAR COMMENTS EXCEPT FOR ON ONE IT DOES SAY. THERE IS ALREADY A GAS STATION. DIAGONALLY ACROSS FROM THIS ADDRESS. IS THAT IS THAT FROM OUTSIDE OR THE AT IS FROM OUTSIDE, THE ONE THAT'S FROM WITHIN THAT DOESN'T HAVE ANY COMMENTS ASSOCIATED WITH IT? OKAY. ONE NOTIFICATION WITHIN THE AREA AGAINST. RIGHT. OKAY. THAT'S ONE IN FAVOR. ACTUALLY NO. SO THAT'S PROBABLY AN ERROR. ALL THE 11 ARE AGAINST OKAY OKAY I WAS TRYING TO MAKE SENSE OKAY. SO ALL 11 ARE AGAINST OKAY. ALL RIGHT. THAT THAT THAT OKAY I WAS I WAS KNOW WHAT YOU WERE SAYING IN IN WHAT I WAS SEEING THERE DIDN'T DIDN'T MAKE SENSE. NO. NO THIS IS PROBABLY WHEN IT WAS PUT TOGETHER AND SENT TO YOU. THAT'S WHEN THAT HAPPENED. BUT NO IT'S ALL AGAINST. ALL 12 ARE AGAINST. AND ONLY ONE COMMENT THAT SAYS THERE'S ALREADY A GAS STATION IN ANOTHER ONE NORTH AT CENTERVILLE IN 66. THAT'S COMING. OKAY. ALL RIGHT. THANK YOU FOR CLARIFYING. THANK YOU MAYOR. THANK YOU SIR. COUNCILMEMBER DUTTON, SO I DID WANT TO ALSO CLARIFY THAT THAT THE SIGNAGE WAS INCORRECT. SO AND THIS IS I'M NOT SAYING I'M IN FAVOR OR OPPOSITION, BUT WE TALK ABOUT COMMUNITY GATHERING PLACES. AND I'M CURIOUS WHAT KIND OF COMMUNITY GATHERING PLACES WE'RE GOING TO GET RIGHT THERE WHEN IN A MILE RADIUS, WE HAVE THE POOP FACTORY. WE HAVE PUBLIC STORAGE DIRECTLY ACROSS THE STREET. WE HAVE A POWER

[01:25:02]

SUBSTATION. AND THEN RIGHT NEXT IS THE HORSE, THE EQUESTRIAN PROPERTY. SO WHAT KIND OF COMMUNITY GATHERING PLACES DO WE THINK THAT WE ARE GOING TO ATTRACT WITH THIS KIND OF THIS IS WHAT WE'VE ALREADY LAID OUT. SO. WITH ALL THESE HOMES COMING IN, THERE'S DEFINITELY GOING TO BE DEMAND FOR RETAIL RESTAURANTS. AND WE IF WE WANT TO CREATE A COORDINATED DEVELOPMENT, NOT JUST CARVING IT OUT, IT COULD BE SOME KIND OF MIXED USE AS WELL. IT COULD HAVE SOME RETAIL IN THE IN THE BOTTOM, IN THE FIRST FLOOR AND APARTMENTS ON THE TOP FLOOR. SO IT HAS ALL THE RIGHT MIX. IT COULD BECOME ALL OF THAT. QUICK QUESTION FOR THE NEIGHBORS IN THE AREA THAT WERE SPEAKING EARLIER. DID YOU GUYS FILL OUT A COMMENT CARD? WOULD YOU LIKE TO. BECAUSE I JUST WITH THAT BEING SAID, WE'RE TALKING ABOUT A MIXED USE WITH APARTMENTS ON THE TOP. I'M ALSO CURIOUS TO KNOW WHICH ONE WOULD YOU BE MORE IN OPPOSITION OF A GAS STATION THAT ALSO HAS A RESTAURANT WITH? BECAUSE THEY HAVE PIZZA, THEY DELIVER PIZZA.

THEY HAVE THE SMALL LIKE THE LITTLE GROCERY STORE. AND SO THAT I'M CURIOUS TO KNOW. SURE, WITH ALL OF THAT INFORMATION, CAN YOU FILL OUT A COMMENT CARD FOR US REAL FAST OR, WELL, YOU CAN DO IT AFTER YOU COME UP, BUT YOU CAN COME UP. AND I DO WANT TO CLARIFY SOMETHING.

WE'LL DO COMMENTS AFTER THE ATTENTION FROM THE APPLICANT. OKAY. SO GIVE US JUST A MINUTE AND THEN AND SO YOU CAN FILL OUT A COMMENT CARD BEFORE OR AFTER. BUT AND I DO WANT TO KIND OF MENTION AND CLARIFY ONE OTHER THING. SO YES IT'S CASES THAT IS THE APPLICANT. BUT AGAIN THE REQUEST IS FOR THE USE NOT FOR THE USER. SO THE USE THAT IS IN FRONT OF YOU FOR CONSIDERATION IS FUEL PUMPS. THERE'S NO GUARANTEE THAT IT'S GOING TO BE CASES. THAT'S JUST A PERSPECTIVE I WANTED TO PUT OUT THERE. YES CASES IS THE APPLICANT. BUT THE ENTITLEMENT RUNS WITH THE LAND. SURE. THANK YOU. ANYTHING ELSE? NO. ALL RIGHT. THANK YOU. MADAM SECRETARY. IS THE APPLICANT HERE? YES, SIR. MARCY. SIR. NAME AND ADDRESS. FOR THE RECORD, YOU HAVE TEN MINUTES FOR YOUR PRESENTATION. OKAY. I LOADED IT BEFORE Y'ALL STARTED.

I'M SORRY. MY AGING EYES HEAR MY. HEART. YOU SEE A SLIDESHOW? GOT IT. ALL RIGHT. PERFECT.

THANK YOU. I WON'T TAKE A WHOLE LOT OF YOUR TIME BECAUSE I WENT THROUGH THIS BEFORE. SO MY NAME IS NARCISA LIRA WITH ODYSSEY SERVICES GROUP AS 1824 SOUTHWICK DRIVE. WE ARE OWNERS REP FOR CASES AND THEN KIMLEY-HORN SUBMITTED THE APPLICATION ON OUR BEHALF. JUST FOR SOME OF THE AUDIENCE MEMBERS THAT ARE HERE THAT WEREN'T HERE AT THE LAST ONE.

JUST A QUICK OVERVIEW IN CASES. I MEAN, LIKE I SAID BEFORE, IT WAS IT WAS FOUNDED BACK IN 1968 BY TWO GENTLEMEN OUT IN IOWA, AND THEY FOUND A NEED FOR COMMUNITY RETAIL, FUEL STATION SERVICES AND SOME OF THESE RURAL TOWNS IN IOWA. SO THAT'S KIND OF HOW IT ORIGINATED. THEY ARE HEADQUARTERED IN IOWA WITH MULTIPLE DISTRIBUTION CENTERS AND ONE IN IOWA, ONE IN INDIANA, ONE IN MISSOURI. THEY'RE IN 19 STATES, PRIMARILY. THEY HAD BEEN IN THE MIDWEST AND SOUTHERN STATES AS FAR SOUTH AS OKLAHOMA AND ARKANSAS. THEY ACQUIRED THE LONE STAR CONVENIENCE STORES 18 TO 24 MONTHS AGO. AND NORTH TEXAS DOWN IN THE SHERMAN AREA. AND THEY PUT ABOUT SIX SITES UNDER CONTRACT, TWO OF THEM HERE IN GARLAND AFTER THAT. AND SINCE THEN, THEY'VE ACQUIRED CEFCO CONVENIENCE STORE THAT'S OUT IN CENTRAL TEXAS, WHICH IS ANOTHER KIND OF CONVENIENCE STORE CHAIN THAT'S KIND OF HOMEGROWN KIND OF MOM AND POP STYLE COMPANY OWNED AND OPERATED STORES HOPING TO BE IN TEXAS AND SOLIDIFY A FOOTPRINT IN TEXAS.

AND A LOT OF I MEAN, THEIR THEIR MAIN PURPOSE AND VISION, I DON'T FEEL HAS CHANGED. THEY STILL KIND OF WANT TO BE YOUR COMMUNITY SLASH NEIGHBORHOOD STORE. I THINK THEY PREACH TO THEIR EMPLOYEES TO HIRE STAFF TO KIND OF BECOME PART OF YOUR REPEAT CUSTOMERS DAYS. NO, NO,

[01:30:03]

YOUR CUSTOMERS BY NAME AS THEY COME IN AND OUT, WHICH IS A LOT EASIER TO DO AT A LOCATION LIKE THIS ONE THAN IT IS ON A LOCATION OFF OF THE INTERSTATE AT A HARD CORNER THERE. FROM A COMMUNITY SERVICE STANDPOINT, CASEY'S LIKES TO BE PART OF THE COMMUNITY. THEY. LAST YEAR THEY GAVE $900,000 IN FORMS OF 80 GRANTS IN PUBLIC AND NONPROFIT, NONPROFIT, SORRY, NONPROFIT PRIVATE SCHOOLS FOR THEIR CASH FOR CLASSROOM PROGRAMS. THEY ALSO, FROM A FOOD STANDPOINT, SOME OF YOU HAD TALKED ABOUT EARLIER, THEY DO OFFER A PIZZA OFFERING THAT THAT IS FRESHLY MADE FRESH DOUGH, FRESH INGREDIENTS. SAME THING WITH HOT SANDWICHES FOR BREAKFAST, LUNCH AND DINNER, ALONG WITH COLD SUB SANDWICHES, WRAPS AND SALADS THAT ARE ALL PREPARED FRESH. SO THAT'S JUST KIND OF THE GENERAL BACKGROUND. I THINK LAST TIME I WAS HERE, I DIDN'T REALLY HAVE ANY PICTURES TO SHOW KIND OF WHAT THEIR BUILDING LOOKS LIKE. SO AS YOU CAN SEE, IT'S TYPICALLY A BRICK FACADE WITH ARTICULATION ON IT. I BELIEVE THE ELEVATION ON THE TOP THERE, YOU SEE, HAS BEEN REVISED FROM THEIR NORMAL TO TO MEET YOUR PLANNING REQUIREMENTS AS IT RELATES TO SOME OF THE ARTICULATION AND ARCHITECTURAL REQUIREMENTS THAT THE CITY HAS.

AND THEN THE BOTTOM LEFT PHOTO IS JUST KIND OF A IT'S A PHOTO OF WHAT A TYPICAL CASES LOOKS LIKE. THERE WAS RECENTLY BUILT IN ARKANSAS. IT'S THE SAME FOOTPRINT, SAME SIZE STORE.

LIKE I SAID, SOME OF THE ARTICULATION MAY BE SLIGHTLY DIFFERENT ON WHAT WE DO HERE.

JUST TO MEET YOUR ARCHITECTURAL REQUIREMENTS. THE REASON I BRING THIS UP IS JUST IT'S NOT JUST GOING TO BE A REGULAR STANDARD CONVENIENCE STORE AND GAS STATION. I THINK IF YOU LOOK AT WHAT THIS STORE BRINGS TO THE TABLE VERSUS WHAT'S CATTY CORNER TO HERE DEFINITELY BRINGS MORE PUMPS, IT'S GOING TO BRING PROBABLY A DIFFERENT STANDARD LEVEL OF CARE JUST BECAUSE IT'S FROM A BIGGER CORPORATE RUN OPERATIONS. THEY'VE GOT GOALS. THEY'VE GOT THINGS THEY TRY TO MEET WHEN THEY RUN THEIR STORES. I KNOW A LOT OF THE STORES, NOT JUST IN GARLAND, BUT A LOT OF THE STORES ACROSS THE METROPLEX. IF YOU'RE NOT RACETRAC OR QUIKTRIP, EVEN 7-ELEVEN IS A FRANCHISE, SO THEY DON'T REALLY HAVE AS MUCH CONTROL AS TO HOW THE STORES ARE OWNED AND OPERATED. THE ONE ACROSS THE STREET HERE IS DEFINITELY YOU LOOK AT IT.

IT'S DEFINITELY A TEXACO FUEL PROVIDED STORE, BUT OFF THE C STORE IS RUN BY A PRIVATE PERSON, SO HE'S REALLY JUST RUNNING IT AT HIS LEVEL OF CARE, WHICH A LOT OF TIMES THOSE KIND OF DON'T MEET THE SAME STANDARDS AS SOMETHING LIKE CASEY WOULD FROM THE ZONING STANDPOINT. I KNOW IT'S BEEN DISCUSSED AND I APPRECIATE THE OPINION OF PLANNING STAFF AND PLANNING AND ZONING. I ONCE WORKED FOR A CITY, SO I HAD A I DEALT WITH A LOT OF THE PLANNING GUIDELINES. WHILE IT'S COMMUNITY RETAIL DISTRICT. I KNOW C STORE IS ALLOWED BY RIGHT. FUEL PUMPS ARE TREATED AS AN ACCESSORY AND REQUIRE AN SUP. FROM OUR PERSPECTIVE. I MEAN, WE'RE REQUESTING CITY COUNCIL RESPECTFULLY LOOK AT THIS AND LOOK AT APPROVING IT FOR A COUPLE REASONS. THE COMPREHENSIVE PLAN SHOWS THIS TO BE AS NEIGHBORHOOD CENTERS AND NEIGHBORHOOD CENTERS PROVIDE A MIX OF RETAIL SERVICES AND COMMUNITY GATHERING PLACES. WHILE COMMUNITY GATHERING HAS BEEN THE MAIN TOPIC OF DISCUSSION, I BELIEVE A CONVENIENCE STORE RUN THE WAY CASEY'S CONVENIENCE STORE RUNS THEIR STORES BECAUSE THEY WANT TO BE INTEGRATED INTO THE NEIGHBORHOOD. I THINK FOR ME IT FALLS INTO THAT NEIGHBORHOOD SERVICES REALM. THEY PROVIDE THE THE GAS STATION WITHOUT YOU HAVING TO GO. THE ONES I SAW A MILE AWAY WERE WERE OVER NEAR THE HIGHWAY OR THE INTERSTATE. SO YOU'RE FIGHTING, YOU'RE PRIMARILY GASSING UP IN THEORNING OR IN THE AFTERNOON, AND YOU'RE FIGHTING RUSH HOUR TRAFFIC. SO ME, AS A PERSONAL COMMUTER, IT'S NICE TO HAVE THAT ONE CLOSE TO MY HOUSE THAT I CAN GET GAS AT SEVEN, 830 AT NIGHT WHEN I'M RUNNING ERRANDS AND NOT HAVE TO FIGHT THE TRAFFIC IN THE MORNING IF I DON'T WANT TO. AND THEN FROM A THE ROOFTOP STANDPOINT, I THINK THAT THAT ALSO FEEDS INTO THE THE PROVIDING A NEIGHBORHOOD SERVICE OUT THERE. THERE ARE LOTS OF EXISTING ROOFTOPS. AND ACCORDING TO WHAT WE'RE HEARING TONIGHT IS THERE ARE MORE ROOFTOPS COMING. SO HAVING SOMETHING ELSE LOCALLY AVAILABLE THERE THAT'S MORE THAN JUST TWO PUMPS, WHICH IS FOUR FUELING POSITIONS. AS A RESIDENT, I FEEL WOULD BE BENEFICIAL. HAVING SOMETHING THERE THAT IS PROBABLY A BIGGER OFFERING, HAVE BETTER FOOD, OFFERING, BETTER ALL AROUND OFFERING THAN WHAT YOU HAVE CATTY CORNER TO YOU WOULD BE ANOTHER BENEFIT OUT THERE. THE OTHER PART OF IT IS FROM A

[01:35:06]

GATHERING PLACE. I KNOW NEIGHBORHOOD CENTERS AND THE COMPREHENSIVE PLAN. IT TALKS ABOUT BEING PEDESTRIAN FRIENDLY, BUT YOU KNOW, WE ARE AT THE INTERSECTION OF TWO MAJOR ARTERIAL ROADWAYS, YOU KNOW, FOUR LANE, FIVE SIX LANE ROADWAYS THAT OPERATE AT 40MPH SPEED LIMIT. BUT IN REALITY, YOU KNOW, PEOPLE ARE PROBABLY DRIVING AT BETWEEN 40 TO 50MPH.

SO FROM THAT STANDPOINT, I DON'T SEE THAT. I SEE THAT THE CONVENIENCE STORE GAS STATION COULD BE A BUFFER AT THAT CORNER BETWEEN THE HEAVY TRAFFIC, HIGH SPEEDS, THE BIGGER ROADWAY, AND WHATEVER HAPPENS AT THE REMAINING 8.2 ACRES THERE, THAT COULD THEN BECOME A SOMETHING ELSE THAT MEETS THE REST OF THE NEIGHBORHOOD CENTER. VISION.

AND FROM THAT STANDPOINT, THAT'S THAT'S REALLY ALL I HAD. I KNOW I COVERED A LOT OF THEIR STUFF LAST TIME, SO I DIDN'T WANT TO TAKE TOO MUCH OF YOUR TIME. AND I DO APPRECIATE THE OPPORTUNITY TO SPEAK ON THIS ISSUE. COUNCIL MEMBER MOORE THANK YOU, MR. MAYOR. CAN I HAVE STAFF TO COME BACK, PLEASE? OKAY. NABILA. GIVE ME SOME THOUGHTS, SOME IDEAS. BECAUSE YES, I DO AGREE THAT WE DO WANT SOMETHING AGAIN. THIS IS ANOTHER GATEWAY INTO THE CITY.

AND DISTRICT THREE IS RIGHT ACROSS THE STREET WITH THE 90 SOMETHING TOWNHOME DEVELOPMENT.

AND I GUESS MY CONCERN NOW BECOMES GIVE ME MORE AS IT RELATES TO THE ECONOMIC DEVELOPMENT. WE'RE TALKING ABOUT THE USE OF THE LAND. THAT'S THE BOTTOM LINE. THE ECONOMIC DEVELOPMENT THOUGHTS, PROSPECTS OF THE POTENTIAL OF WHAT SHOULD BE GOING THERE AS IT RELATES TO THE COMPREHENSIVE PLAN. I CANNOT NECESSARILY PROVIDE A FULL ANSWER TO THAT AT THIS POINT, BECAUSE A LOT OF IT IS MARKET DRIVEN, A LOT OF IT IS DEVELOPER DRIVEN. WE COULD ONLY SAY THE POTENTIAL, LIKE PHYSICALLY, WHAT CAN HAPPEN, LIKE, DOES THIS HAVE PHYSICAL CHALLENGES ON THIS SITE? THIS IS NOT A NOT EVERY SITE HAS ITS CHALLENGES, BUT IT'S NOT TOO MUCH ON THAT SIDE WHERE IT'S JUST HARD TO IT'S HARD TO DEVELOP SITE. IT'S NOT.

WHAT I'M ASKING IS SPECULATE ON THE POTENTIAL. JUST SPECULATE ON THE POTENTIAL OF WHAT WE WOULD LIKE TO SEE GO THERE AS IT RELATES TO WHAT WE'RE ATTEMPTING TO DO WITH THE COMPREHENSIVE PLAN. SO I UNDERSTAND THE COMMENT THAT WAS MADE. THIS IS CENTERVILLE AND MILLER. IT IS. IT IS A BIG THOROUGHFARE AND ALL BUT THE PEDESTRIAN ORIENTED COMPONENT ESN'T HAVE TO COME FROM THOSE STREETS. THE NEIGHBORHOOD THAT THE APARTMENT THAT'S ALREADY GOING TO THE NORTH AND EAST SIDE OF IT, IT COULD BE. AND AGAIN, IT'S VERY, VERY HIGH LEVEL SPECULATION FROM A LAND USE PERSPECTIVE, NOT FROM AN AD PERSPECTIVE. I'M NOT AN EXPERT ON THAT. SURE. BUT SO THOSE THAT NEIGHBORHOOD CAN OR THAT THAT COMPLEX CAN GET CONNECTED WITH SOMETHING REALLY, TRULY THAT'S CONSIDERED MIXED USE IN MY OPINION. IT DOESN'T HAVE TO BE RETAIL IN THE FIRST FLOOR APARTMENTS IN THE ON THE TOP. IT DOESN'T HAVE TO BE THAT. IT COULD BE A MIX OF DIFFERENT RETAILS, A MIX OF DIFFERENT COMMERCIAL, A MIX OF DIFFERENT.

IT COULD BE A PLAZA IN THE MIDDLE AND THEN OTHER COMMERCIAL USES THAT COULD SURROUND THAT. AND THERE COULD BE A WALKABILITY COMPONENT DEVELOPED FOR THOSE APARTMENT COMPLEX RESIDENTS. SO THERE IS A COMPONENT THAT CAN HAPPEN THERE, EVEN IF IT DOESN'T HAPPEN ALONG CENTERVILLE AND MILLER. SO I CURRENTLY CANNOT SPECULATE TOO MUCH ONTO THAT.

BUT I DO SEE THIS IS A TRUE POTENTIAL AND OPPORTUNITY FOR MEANINGFUL DEVELOPMENT IN THIS AREA. AND IT IS A GATEWAY TO THE CITY. SO WE WANT SOMETHING THAT TELLS PEOPLE, HEY, YOU HAVE ARRIVED IN GARLAND. SO WHAT WHAT I'M HEARING PRESENTLY IS THAT WE HAVE A BIRD IN THE HAND THAT THE PRESENT DEVELOPER COULD GO IN AND PUT THE PROJECT THAT HE'S WANTING TO PUT IN. WE BEGAN TO TALK ABOUT PUMPS IN THE TEXACO STATION RIGHT DOWN THE STREET. FROM THERE IT SAID THE CATTY CORNER, BUT IT'S A SMALLER ONE. IT IS A SMALLER ONE, OF COURSE. OKAY. SO WE HAVE A BIRD IN THE HAND VERSUS ONE IN THE BUSH, AND IT'S THE BUSH THAT WE'RE WANTING TO HOLD OFF FOR. FROM AN ECONOMIC DEVELOPMENT PERSPECTIVE, ESPECIALLY CONSIDERING THIS IS OUR COMPREHENSIVE PLAN. WE'RE ALSO LOOKING AT PLANNING HAS DENIED ZONING HAS DENIED IT. WE

[01:40:03]

HAVE THESE OKAY. IT'S A VERY IT'S A DIFFICULT SITUATION. IT REALLY IS. BUT I THINK THAT I CAN SEE I CAN SEE WHERE I NEED TO GO. THANK YOU SO VERY MUCH. YOU'RE WELCOME SIR. THANK YOU SIR. COUNCILMEMBER BEARD. YES? I WANT TO GO BACK TO NARCISO. FOR THOSE OF US WHO'VE NEVER BEEN IN A CASES, WOULD YOU PLEASE DESCRIBE WHAT'S INSIDE A CASES, INCLUDING. IS THERE A PLACE TO EAT INSIDE OR IS IT JUST DELIVERY TAKEOUT? OKAY. SO INSIDE WHEN YOU GO TO CASES IT'S GOING TO HAVE I'M GOING TO SAY IT IS STARTING POINT IS LIKE A KWIK TRIP OR RACETRACK, EXCEPT FOR ALL THE CONFUSION OF I GOT TO GO TO THIS SIDE OF THE STORE TO GET ONE THING, I GO TO THE OTHER SIDE OF THE STORE TO GET SOMETHING ELSE, THAT RACETRACK, RIGHT. IT'S A LOT OF BACK AND FORTH THAT HAPPENS THERE. I'M GOING TO HAVE YOUR TYPICAL CONVENIENCE STORE OFFERING. IT'S GOING TO HAVE A COUPLE DOORS THAT TYPICALLY HAVE FOR YOUR DAIRY MILK, EGGS AND BUTTER, SOME BASIC HAMS AND LUNCH MEAT. YOU KNOW, TYPICALLY WHAT YOU SEE IN SOME OF YOUR BIGGER CONVENIENCE STORES THAT YOU MAYBE DON'T SEE IN, LIKE YOUR TYPICAL 7-ELEVEN OR THESE MOM AND POP GUYS ON, ON EVERY OTHER CORNER. THEY'RE THEY'RE GOING TO HAVE A TYPICAL DRINK OFFERING SODAS, COFFEE. THEY'RE GOING TO HAVE THE THE FRESH GROUND BEAN TO CUP COFFEE OFFERING THAT IF YOU LIKE THAT THEY THEY PROVIDE THAT THEY'RE GOING TO HAVE YOUR TYPICAL CONVENIENCE STORE OFFERING FOR THOSE FOLKS THAT ARE LIKE ON THE GO, BUT ROLLER GRILLS, THE HOT DOGS, THE LITTLE ROLLER GRILL, ITEMS THAT HAPPEN. BUT THEN THE BIGGER DIFFERENCE FROM MOST CONVENIENCE STORES IS THEY'RE GOING TO HAVE A, I'M GOING TO SAY, A KITCHEN IN THE BACK WHERE THEY PREPARE THEIR PIZZA. THEY'RE GOING TO HAVE YOUR YOUR TYPICAL PIZZA OVENS, LIKE YOU SEE AT PAPA JOHN'S. THEY HAVE A VENT HOOD FOR ALL THE VENTING THAT'S REQUIRED FOR THE OVENS. THEY'RE GOING TO HAVE THE PREP STATIONS, FRIDGES FOR ALL THE THE FRESH INGREDIENTS THAT THEY NEED FOR THAT, THE SUB SANDWICHES, THE THE HEATED, THE HOT SANDWICHES THAT THEY PROVIDE. AND THEN YOUR TYPICAL LIKE I SAID YOUR TYPICAL CANDY, CIGARETTES, SODA, ALCOHOL, GATORADES AND WATERS AND THAT TYPICAL OFFERING IN THERE. FROM A SEATING STANDPOINT, I KNOW THEY HAVE VERSIONS OF THEIR FLOOR PLAN IF DICTATED BY JURISDICTION OR OR WANTED BY THE LOCAL RESIDENTS, AND BASED ON PUBLIC HEARINGS LIKE THIS, I BELIEVE THEY'VE GOT OPTIONS TO BE ABLE TO PUT IN A FEW SEATS. I FIND THOSE ARE A LOT OF TIMES ARE USED BY THE DAYTIME WORKERS THAT STOP TO HEAT UP FOOD, GET FOOD THERE. I THINK IN THE EVENING YOU PROBABLY SEE A LOT MORE OF THE KIND OF THE KIDS THAT COME BIKING DOWN THE STREET FROM THE LOCAL NEIGHBORHOODS TO GET AN ICE TEA OR SODA AND SIT AROUND THERE AND JUST KIND OF HANG OUT WITH THEIR BUDDIES FOR 15 MINUTES AND THEN GO. BUT THAT'S THE TYPICAL OFFERING INSIDE OF A CASES. THANK YOU SO MUCH. THANK YOU, MA'AM. MAYOR PRO TEM, DON'T GO ANYWHERE YET. YOU STILL GAS. DO THEY SELL FUEL? YES. SO WOULD YOU CONSIDER IT A GAS STATION? I WOULD, WELL, I DON'T CONSIDER VERY MANY PLACES. JUST A GAS STATION. BUT IT HAS A GAS STATION. HAS GAS. GAS? WITH THE GAS STATION WRAPPED UP IN A PIZZA BOX. BASICALLY, IT'S A GAS STATION. IT'S AN AUTO USE.

CORRECT. IT'S A ONE WAY TICKET, LIKE PRIMARILY AUTO USE, RIGHT? I DON'T KNOW. SO MORE PIZZA THAN GAS, YOU KNOW, I CAN COME BACK AND GET YOU THAT INFORMATION. I DON'T I WOULDN'T SAY THAT 70% OF THE SALES IS FUEL. SO THAT'S MORE GAS THAN ANYTHING ELSE, RIGHT? I WOULD NOT SAY THAT IT IS 70% OF THE I THINK 51% WOULD MEAN THAT IT WAS MORE GAS. DO YOU THINK YOU SELL 51% GAS THERE? I DON'T KNOW, I'M NOT PRIVY TO THEIR FINANCIALS, BUT I CAN FIND OUT FOR YOU. IT'S A GAS STATION. IT'S A GAS STATION. IT'S AN AUTO USE. IT'S A GAS STATION.

AN AUTO USE ON OUR CORRIDOR. YOUR OTHER STORE THAT WE JUST APPROVED, LIKE LAST COUNCIL.

COUNCIL MEETING BEFORE, IS THREE MILES AWAY, WHICH IS A LONG WAYS IF YOU'RE NOT, IF YOU DON'T LIVE IN THE AREA, HOW WHAT'S YOUR DELIVERY RADIUS? I CAN FIND OUT I DON'T KNOW. YOU DON'T KNOW THAT YOU KNEW THAT LAST TIME. THEY THEY DO DELIVER, BUT THEY DELIVER THROUGH THE USE OF DOORDASH. SO COME ON. JUST LIKE 7-ELEVEN DELIVERS THROUGH THE USE OF DOORDASH, LOTS OF FAST FOOD RESTAURANTS DELIVERED THROUGH THE USE OF DOORDASH. IT'S AN AUTO USE COUNCIL. IT'S AN AUTO USE STAFF IS BEGGING US NOT TO APPROVE AN AUTO USE AT A GATEWAY IN A CORRIDOR THEY'RE BEGGING US TO. SHE CAME UP AND SAID, PLEASE DON'T DO THIS. WE CAN DO BETTER.

WHY WOULD WE NOT LISTEN TO STAFF? OKAY, THAT'S YOUR CHOICE. THAT'S WHAT WE'RE HERE TONIGHT.

[01:45:02]

THANK YOU, THANK YOU MAYOR. THANK YOU. MA'AM. COUNCIL MEMBER DUTTON. NEBULA, I HAVE A QUESTION. DO YOU KNOW WHERE THE TRUSTED WORLD SITE IS IN RELATION TO THIS SITE? THE TRUSTED WORLD. THEY OWN LAND THAT THEY'RE BUILDING A WAREHOUSE ON. NOW, LET ME LOOK IT UP NORTH OF THE WASTEWATER PLANT. OKAY? OKAY. DISREGARD THEM. THANK YOU. OKAY. IS THAT IT? ALL RIGHT, MADAM SECRETARY, ARE THERE ANY OTHER SPEAKERS ON THIS ITEM? YES, SIR. I INVITE ANYONE ELSE WHO WANTS TO SPEAK ON THIS ITEM. IF YOU WOULD, PLEASE SIGN UP AT THE SECRETARY.

WE'LL GET YOU IN THE QUEUE. CALL THAT NAME AGAIN, MADAM SECRETARY, PLEASE. MELODY OR CLAIRE? NO. THANKS. MAN. WE MAKE EVERYONE COME UP HERE TO THE SPEAKER IN THE MICROPHONE OF THE MICROPHONE STATE AND YOUR ADDRESS AS WELL, PLEASE. AND YOU HAVE THREE MINUTES.

1361 MILL CROSSING. THANK YOU. MA'AM. WELCOME. IN ANSWER TO YOUR QUESTION, IT SOUNDS REALLY NICE AND I REALLY WOULD LIKE TO SEE SOMETHING LIKE THAT COME IN, LIKE A FOOD AREA OR SOMETHING.

HOWEVER, WE HAVE A RACETRACK THAT'S LIKE RIGHT THERE ON 66 AND WHERE I LIVE, AND THEN IF I DON'T WANT TO GO THERE, I, LIKE YOU SAID, THERE'S TWO OTHER GAS STATIONS THERE. IF I DON'T WANT TO GO THERE, I'LL JUST GO UP CENTERVILLE AND BROADWAY. THERE'S GAS STATIONS ALL OVER THERE AND THEY ALL OFFER FOOD PRODUCTS IN THERE. PERSONALLY, I WANT TO SEE MORE LIKE SMALLER RESTAURANTS COMING IN. MAYBE. MAYBE NOT. SOMETHING THAT OUR COMMUNITY CAN USE. THERE'S TOO MANY OF OTHER THINGS COMING IN HERE. THAT'S JUST I HAD THAT DISCUSSION WITH YOU, AND I WOULD JUST LIKE TO SEE OTHER THINGS COMING IN BESIDES THE NORM, THINGS COMING IN. AND I DON'T WANT THAT GAS STATION. I SAY NO ON THAT ONE TO MYSELF, SORRY. AND SO DOES MY HUSBAND.

BUT IF THERE'S SOMETHING THAT CAN HAVE LIKE A FOOD THAT LIKE DELIVERY OR SOMETHING, THAT'S FINE. EVEN A DAIRY QUEEN OR SOMETHING, IT'S, YOU KNOW, SOMETHING. THANK YOU. MA'AM, IS THERE ANY OTHER SPEAKERS FOR THIS ITEM, MADAM SECRETARY? NO, SIR. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM? ALL RIGHT, COUNCIL MEMBER BEARD, THIS IS IN YOUR DISTRICT.

MY MOTION TONIGHT IS TO DENY THIS APPLICATION. A MOTION BY COUNCIL MEMBER BEARD TO DENY.

AND A SECOND BY COUNCIL MEMBER WILLIAMS COUNCIL. IS THERE ANY DISCUSSION ON THE MOTION? MADAM SECRETARY, WOULD YOU PLEASE PREPARE THE VOTE FOR US? AND THAT ITEM PASSES UNANIMOUSLY.

COUNCIL, WE'VE BEEN AT IT FOR A LITTLE WHILE. I'M GOING TO GO AHEAD AND GIVE US A BREAK BEFORE OUR FINAL ZONING CASE, OUR LAST TWO ITEMS. SO IF YOU WOULD PLEASE COME BACK AT WELCOD

[d. Consider a request by Kang Lin, requesting approval of 1) a Specific Use Provision (SUP) for Personal Services use on property zoned Planned Development (PD) District 23-20 for Industrial Uses and 2) a Concept Plan for Personal Services Use. The site is located at 1914 South Jupiter Road, Suite A in District 6.]

WE'LL MOVE ON NOW TO ITEM 15 D. CONSIDER A REQUEST BY KING LYNN REQUESTING APPROVAL OF A SPECIFIC USE PROVISION FOR PERSONAL SERVICES ON PROPERTY. ZONED PLANNED DEVELOPMENT DISTRICT 2320 FOR INDUSTRIAL USES AND A CONCEPT PLAN FOR PERSONAL SERVICES USE. THIS SITE IS LOCATED AT 1914 SOUTH JUPITER ROAD, SUITE A IN DISTRICT SIX. THANK YOU, MR. MAYOR, FOR THE RECORD, NABILA, DIRECTOR OF PLANNING AND DEVELOPMENT. THIS SITE IS LOCATED AS 1914 SOUTH JUPITER. THIS IS AN ALREADY DEVELOPED SITE. ALREADY DEVELOPED BUILDING THE SUITE THAT THEY'RE REQUESTING THE SUB FOR. AND THE SUB REQUEST IS FOR PERSONAL SERVICES USE. THAT SUITE IS 1200 SQUARE FOOT. THE SITE IS ZONED PLAN DEVELOPMENT 23 DASH

[01:50:04]