Sep 28, 2026 Plan Commission

[00:00:10]

IT'S JUST OUR CUSTOMARY COMMISSIONERS START OUR MEETING WITH A PRAYER AND A PLEDGE.

YOU'RE INVITED TO JOIN US WHETHER YOU DO OR NOT. NO WAY AFFECTS THE DECISIONS OF THIS COMMISSION OR YOUR RIGHTS IN FRONT OF THE COMMISSION. TONIGHT'S PRAYER AND PLEDGE WILL BE LED BY COMMISSIONER LUCIDO. THANK YOU, MR. CHAIRMAN. LORD, WE COME BEFORE YOU TONIGHT WITH GRATEFUL HEARTS. OH. LORD, WE COME BEFORE YOU TONIGHT WITH GRATEFUL HEARTS.

THANKFUL FOR THE BLESSING OF CALLING GARLAND HOME AND FOR THE OPPORTUNITY TO SERVE THIS COMMUNITY. WE ARE GRATEFUL FOR A CITY THAT IS TRULY ON THE RISE, STRENGTHENED BY ITS PEOPLE, ITS DIVERSITY, HISTORY, AND ITS PROMISE FOR THE FUTURE. WE GIVE THANKS FOR THE PASSIONATE LEADERS WHO DEDICATE THEMSELVES TO MOVING GARLAND FORWARD, FOR OUR BRAVE FIRST RESPONDERS WHO PROTECT AND SERVE US EVERY DAY, AND FOR THE CITIZENS WHO CARE DEEPLY ABOUT THIS COMMUNITY AND DEMONSTRATE THEIR LOVE FOR GARLAND THROUGH THEIR INVOLVEMENT, THEIR IDEAS, AND THEIR SERVICE. WE ARE ESPECIALLY GRATEFUL FOR THE OPPORTUNITY AND RESPONSIBILITY ENTRUSTED TO EACH OF US WHO SERVES THE CITY. AS WE CONTINUE TO CONSIDER THE MATTERS BEFORE US. GRANT US SOUND JUDGMENT AND THE WISDOM TO LOOK BEYOND THE IMMEDIATE DECISION TO ITS LASTING IMPACT. GIVE US EMPATHY. TO LISTEN OPENLY. UNDERSTANDING. TO CONSIDER PERSPECTIVES DIFFERENT FROM OUR OWN, AND COURAGE TO MAKE DECISIONS BASED ON WHAT WILL SERVE BEST. SERVE GARLAND'S FUTURE. MAY WE ALWAYS SERVE WITH HUMILITY, INTEGRITY, WISDOM, AND GRATITUDE. AMEN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. WELL, GOOD EVENING AND WELCOME TO OUR MEETING. IT'S GOOD TO SEE YOU FOLKS OUT HERE, BECAUSE YOU ALL ARE MAKING WHAT? MAKE THE PROCESS WORK. ALL RIGHT. SOME OF YOU HAVE FOUND OUR LITTLE YELLOW SPEAKER CARDS. IF YOU CARE TO SPEAK ON A CASE TONIGHT, PLEASE FILL ONE OF THESE OUT AND HAND IT TO THE PLAN. COMMISSION SECRETARY. THAT WAY WE CAN CALL YOU UP. AND WHEN YOU GET TO THE MICROPHONE, IF YOU'LL PLEASE, STATE YOUR NAME AND ADDRESS INTO THE MICROPHONE, WE'LL WE NEED THAT FOR THE OFFICIAL RECORDS. YEAH. IF YOU HAVE A QUESTION ABOUT A CASE, FILL OUT A CARD AND COME UP AND SPEAK. WHEN WE GET TO THAT CASE. YES. ALL RIGHT. APPLICANTS WILL HAVE 15 MINUTES TO PRESENT THEIR CASE. OTHER SPEAKERS WILL HAVE THREE MINUTES. IF YOU'RE SPEAKING FOR A GROUP SUCH AS A HOMEOWNER'S ASSOCIATION, WE DO ALLOW MORE TIME. AFTER WE'VE HEARD THE TESTIMONY, WE'LL ASK THE APPLICANT BACK UP TO ADDRESS ANY ISSUES. AND AGAIN, PLEASE STATE YOUR NAME AND ADDRESS INTO THE MICROPHONE. ALL RIGHT. FIRST ITEM ON OUR

[a. September 14, 2026 Plan Commission Minutes]

[a. SV 26-02 Jennifer Rose (District 1)]

[00:05:08]

THE PROPERTY IS DEVELOPED WITH AN EXISTING SAM'S CLUB AND ASSOCIATED FUEL STATION. THE APPLICANT IS PROPOSING EXTERIOR RENOVATIONS CONSISTING PRIMARILY OF A NEW PAINT SCHEME AND REPLACEMENT OF EXISTING SIGNAGE AS PART OF A CORPORATE REBRANDING. NO CHANGE IN LAND USE IS PROPOSED. HERE IS OUR ZONING MAP SHOWING THE SUBJECT, PROPERTY AND THE SURROUNDING ZONING DISTRICTS. THE SURROUNDING AREA CONSISTS PREDOMINANTLY OF COMMERCIAL AND PLANNED DEVELOPMENT ZONING ALONG NORTH GARLAND AVENUE AND THE GEORGE BUSH TURNPIKE CORRIDOR WITH AGRICULTURAL AND MULTI-FAMILY ZONINGS LOCATED NEARBY. THE SUBJECT PROPERTY HAS FRONTAGE ALONG BOTH NORTH GARLAND AVENUE AND NEIMAN FOREST BOULEVARD. HERE ARE SOME PICTURES OF THE EXISTING SAM'S CLUB AND FUEL STATION. WE CAN SEE THE EXISTING PRIMARY AND SECONDARY SAM'S CLUB SIGNAGE, THE EYE EXAM SIGN, THE TIRE INSTALLATION SIGNAGE AND THE EXISTING SIGNAGE ON THE FUEL STATION CANOPY. THE BOTTOM PICTURES ALSO SHOW THE SITE AS VIEWED FROM NORTH GARLAND AVENUE AND NEIMAN FOREST BOULEVARD. AS YOU CAN SEE, THE MAIN BUILDING IS LOCATED AT A SIGNIFICANT DISTANCE FROM THE ADJACENT ROADWAYS, WITH A LARGE SURFACE PARKING AREA AND EXISTING TREES BETWEEN THE BUILDING AND NORTH GARLAND AVENUE AND A DETENTION AREA AND EXISTING TREES AS WELL, SEPARATING THE SIDE ELEVATIONS FROM NAAMAN FOREST BOULEVARD. SECTION 4.8, ONE OF THE GDC GRANTS THE PLANNING COMMISSION THE AUTHORITY TO APPROVE SIGN VARIANCES. WHEN THE EVIDENCE DEMONSTRATES THAT STRICT COMPLIANCE WITH THE REQUIREMENT WOULD RESULT IN A HARDSHIP OR INEQUITY TO THE APPLICANT, ECONOMIC OR SELF-CREATED HARDSHIPS ALONE ARE NOT SUFFICIENT. APPROVAL OF A SIGNED VARIANCE REQUIRES A THREE QUARTERS VOTE OF THE PLAN. COMMISSION MEMBERS PRESENT. THE APPLICANT IS REQUESTING VARIANCES FOR THREE PORTIONS OF THE PROPOSED SIGN PACKAGE. THE FRONT BUILDING FACADE, THE S SIE FACADE AND THE FUEL STATION CANOPY. TWO EXISTING FREESTANDING SIGNS WILL REMAIN WITH ONLY SIGN PHASE CHANGES PROPOSED AND ARE NOT PART OF THE VARIANCE REQUEST. HERE WE HAVE THE PROPOSED SIGNAGE ALONG THE FRONT ELEVATION. THE APPLICANT PROPOSES TWO SAM'S CLUBS IDENTIFICATION SIGNS, AS WELL AS WELCOME EYE EXAMS AND CURBSIDE PICKUP SIGNAGE. THE GDC ALLOWS A MAXIMUM AGGREGATE ATTACHED SIGN AREA OF 200FT■S ALONG THE FRONT FACADE OF A SINGLE TENANT BUILDING. THE PROPOSED SIGNS HAVE A COMBINED AREA OF APPROXIMATELY 240.57FT■, AND IS APPROXIMATELY, WHICH EXCEEDS THE MAXIMUM BY APPROXIMATELY 20.3%. THE FRONT FACADE IS APPROXIMATELY 550FT FROM NORTH GARLAND AVENUE AND IS SEPARATED FROM THE ROADWAY BY THE LARGE SURFACE PARKING AREA, THE FIELD STATION CANOPY, AND THE EXISTING TREES, WHICH REDUCE THE VISIBILITY OF THE BUILDING. SIGNAGE FROM THE STREET. HERE WE CAN SEE THE PROPOSED SIGNAGE ALONG THE TIRE INSTALLATION SIDE ELEVATION.

THIS INCLUDES THE TIRE INSTALLATION SIGN AT TIRE GRAPHIC AND FOUR BAY NUMBER SIGNS. THE GDC AOWS A MAXIMUM AGGREGATE ATTACHED SIGN AREA OF 100FT■S ALONG A SIDE FACADE. THE PROPOSED SIGNAGE TOTALS APPROXIMATELY 107.99FT■S, EXCEEDING THE MAXIMUM BY APPROXIMATELY 8%. THIS FACADE IS APPROXIMATELY 200FT FROM NAAMAN FOREST BOULEVARD AND IS SEPARATED FROM THE ROADWAY BY AN EXISTING DETENTION POND AND CANOPY TREES, WHICH AGAIN LIMIT THE VISIBILITY FROM THE STREET. THE APPLICANT ALSO PROPOSES FOR SAM'S FUEL SIGNS, ONE ON EACH PHASE OF THE FUEL STATION CANOPY. EACH SIGN CONTAINS APPROXIMATELY 28FT■S. THE GDC LIMITS AN INDIVIDUAL CANOPY SIGN TO 25FT■S. EACH PROPOSED CANOPY SIGN THEREFORE EXCEEDS THE MAXIMUM PERMITTED AREA BY 12.1%. THE FUEL CANOPY SIGNAGE IS ALSO PARTIALLY OBSCURED FROM

[00:10:08]

GOOD EVENING. GOOD EVENING. MY NAME IS JEFFREY DAVIS. MY ADDRESS IS 4886 WEST PAULINE WHITAKER BOULEVARD, ROGERS, ARKANSAS, 72758. I'M WITH PB2 ARCHITECTURE ENGINEERING. WE'RE THE ARCHITECT OF RECORD. I'M HERE FOR JEN, WHO HAS LITTLE KIDS AND CAN'T TRAVEL AS MUCH AS I DO. SO I REALLY DON'T HAVE A LOT TO ADD. FROM THE PRESENTATION. BASICALLY, I'M BASICALLY HERE TO ANSWER ANY QUESTIONS REGARDING THE SIGNAGE ITSELF, WALMART AND SAM'S CLUB PERIODICALLY GO TOUGH REBRANDS, AND ACTUALLY THIS ONE JUST HAD WE RAN A COUPLE OF YEARS AGO. SO SAM'S CLUB APPARENTLY CHANGED ITS MIND AND WANTS DIFFERENT SIGNS, WHICH AS AS THEY'RE WANT TO DO. SO WE DID HAVE SOME MORE SIGNS PROPOSED FOR THIS SITE. WE HAD A ALONG THE SIDE ELEVATION WHERE THE TIRE INSTALLATION IS AT, THERE WAS GOING TO BE A LIGHTED SAM'S GARAGE SIGN THAT HAS BEEN REMOVED FROM THE PLANS AND WE ALSO, IN ORDER TO GET CLOSER TO THE ALLOWED. SIGN SQUARE FOOTAGE FOR THE FRONT ELEVATION, WE DID DOWNSIZE THE.

THE SECONDARY SAM'S CLUB LOGO, WHICH IS THE ONE THAT'S ALL THE WAY OVER TO THE RIGHT HAND SIDE.

AND IT'S BASICALLY EXTREMELY LIT, I BELIEVE HAD SOME LIGHTS SHINING DOWN. SO. WE HOPE THAT THE. THE WAY THE CLUB LOOKS AND WITH THE JUST THE AMOUNT OF SIGNS, MOSTLY THE SIGNS ARE GOING TO BE FOR THE SIDE ELEVATION. THE FRONT ELEVATION IS PRETTY SPARSE. THE SIDE ELEVATIONS ARE MORE, I GUESS FOR THE. THE. EXCEPT FOR THE THE, THE GRAPHIC ITSELF, THEY'RE MEANT TO MORE BE DIRECTIONAL FOR CUSTOMERS WHO ARE COMING IN TO THAT AREA. SO WE GOT BAYS ONE, TWO, THREE AND FOUR, WHICH IS SO THEY CAN GO INSIDE, PICK OUT THE TIRES. WE TOLD THEM, HEY, GO TO A NUMBER THREE AND THEN OFF THEY GO. SO. BASICALLY I DON'T HAVE ANYTHING ELSE TO ADD. I GUESS I'LL TURN MY THE REST OF MY TIME OVER FOR QUESTIONS. IF THERE ARE ANY ANY

[00:15:08]

EXCUSE ME. THAT WAS THE ONLY SPEAKER CARD I HAD. IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WISHES TO ADDRESS THIS CASE? I SEE NONE, SO, COMMISSIONERS. MOTION DISCUSSION. COMMISSIONER DALTON, I WOULD LIKE TO MAKE A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE APPLICANT PER PER THE APPROVED PER THE APPLICANT'S REQUEST. I GET YOU TO PRESS THE MOTION, BUT IT'S THE ONLY WAY IT REGISTERS FOR SECRETARY THERE. IT DIDN'T SHOW UP UNTIL AFTER I PRESSED THE OTHER BUTTON. OKAY. MOTION BY COMMISSIONER DALTON. DO WE HAVE A SECOND MOTION IS TO APPROVE. CLOSE THE PUBLIC HEARING AND APPROVE SECOND. OKAY. WELL, IT SAYS MOTION BY COMMISSIONER DUCKWORTH, BUT WE'LL CHANGE THAT TO COMMISSIONER DALTON. AND SECOND, BY COMMISSIONER ABLE TO CLOSE THE PUBLIC HEARING AND APPROVE THE APPLICATION. ANY DISCUSSION? SEEING NONE, PLEASE VOTE. OKAY. AND THAT PASSES UNANIMOUSLY SEVEN ZERO. YES, SIR. THANK.

AND IN THE TABLET? YES. I'VE GOT ON MY MIND, BUT IT'S MY TABLET. IT'S NOT THE CITY TABLET. YEAH. YOU TOO CAN SHARE. ELECTRONICS. YOU GOT TO LOVE IT SOMETIMES. ALRIGHTY. NEXT ITEM

[b. Z 26-24 Kimley-Horn (District 6)]

OKAY. CAN YOU HEAR ME NOW? DO YOUR BEST. HELLO. YEAH, YOU'LL HAVE TO SPEAK RIGHT INTO THE MICROPHONE. AS MENTIONED, THE APPLICANT IS REQUESTING A CHANGE IN ZONING TO A NEW PLANNED DEVELOPMENT WITH THE ZONING OF INDUSTRIAL ZONING TO ALLOW THE EXPANSION OF EXISTING FACILITY AS A DISTRIBUTION CENTER, LARGE SCALE, AND TO PERMIT EXISTING RETAIL STORE BY RIGHT AND ALSO APPROVAL OF ASSOCIATED CONCEPT PLAN. THERE ARE THREE ADDRESSES. THAT'S GOING TO BE A PART OF THIS. PD. 721 AND 725 MARION DRIVE AND 1729 DAVIS BOULEVARD. THE TOTAL AREA OF THE PROPERTY IS 9.95 ACRES, APPROXIMATELY. CURRENTLY, THERE IS AN EXISTING 74,500 SQUARE FOOTAGE OF DISTRIBUTION CENTER BUILDING AND 10,625 RETAILUILDING. SQUARE FOOTAGE OF RETAIL BUILDING WITH 47 PARKING SPACES AND THREE LOADING DOORS. THE WESTERN LOT AT 1729. THAT'S A LOT, WHICH IS UNDEVELOPED. AS PER DCAD, THE RETAIL STORE WAS CONSTRUCTED IN 791979 AND WAREHOUSED IN 90. NOT SURE WHEN THE HARDCORE HAVE MOVED THERE, BUT ACCORDING TO THE APPLICANT, HARDCORE HAS BEEN OPERATED IN GARLAND SINCE 1938 AND SUPPORTS MORE THAN 400 JOBS. HERE IS THE SURROUNDING ZONING PROPERTIES TO THE NORTH AND WEST ARE PRIMARILY INDUSTRIAL AND ARE DEVELOPED WITH MANUFACTURING, WAREHOUSING AND DISTRIBUTION USES ACROSS THE MARION DRIVE TO THE EAST ARE SINGLE FAMILY RESIDENTIAL PROPERTIES ZONED SF SEVEN AND IMMEDIATELY TO THE SOUTH ARE UNDEVELOPED PROPERTIES. UNDEVELOPED PROPERTIES WITHIN PD 938 ARE INTENDED FOR INDUSTRIAL DEVELOPMENT WITH SINGLE FAMILY RESIDENTIAL

[00:20:04]

RIGHT NOW YOU CAN SEE IT'S PRETTY. IT DOES. IT HAS LIKE A PLAIN FACADE. THE APPLICANT PROPOSED FRONT FACADE IMPROVEMENTS, WHICH INCLUDES DISPLAY WINDOWS, BENCHES AND PLANTERS IN THE STOREFRONT, AND A RETENTION POND AND ASSOCIATED LANDSCAPING ALONG THE DAVIS BOULEVARD AND ALSO ALONG MARION DRIVE IS PROPOSED AND LANDSCAPING AND TREE PRESERVATION ARE SUBJECT TO THE APPLICABLE GDC REQUIREMENTS. THE PROPOSAL ADDS SIX FOOT ROT IRON FENCING ALONG DAVIS BOULEVARD AND EXISTING SIX FEET GALVANIZED CHAIN LINK FENCING ALONG NORTH AND WEST BOUNDARIES OF LOT TWO AND LOT SIX. A LOT TWO WOULD BE A WOULD REMAIN SAME, WHILE THE DAVIS BOULEVARD REMAINS OPEN TO PUBLIC VEHICLE AND TRUCK PARKING WILL BE PERMITTED ALONG DAVIS BOULEVARD. SO HERE IS THE CONCEPT PLAN. THE SMALL BUILDING OVER HERE.

IT'S A. THAT'S AN EXISTING RETAIL STORE ALONG MARION DRIVE. THIS IS THE EXISTING BUILDING DISTRIBUTION CENTER, AND THIS IS THE PROPOSED EXPANSION AND THE. 13 PROPOSED LOADING DOCKS WILL BE HERE. HERE ARE THE ELEVATIONS FOR REFERENCE, WHICH THIS. THIS IS THE AREA WHERE THE APPLICANT HAS PROPOSED ALL THE SIX. MOST OF THE SIX ARCHITECTURAL ELEMENTS. AND IF YOU LOOK AT THE RETAIL STORE OVER HERE AND DISPLAY WINDOWS ARE ADDED ALONG WITH PLANTERS AND BENCHES, YOU CAN SEE THEM IN THE FLOOR PLAN PROBABLY. HERE IS MORE LIKE A CONCEPTUAL LANDSCAPE PLAN THAT THE APPLICANT HAS PROVIDED. THIS WOULD BE REVIEWED IN DETAIL DURING THE SITE PLAN REVIEW PROCESS. SO THIS SHOWS THE THE LANDSCAPING ALONG DAVIS AND

[00:25:07]

THE APPLICANT REQUESTS TO BE OVERALL ONE PER 2000 SQUARE FOOTAGE, WHICH WOULD REQUIRE 83 SPACES ONLY, AND FOR THE RETAIL PARKING FOR THE RETAIL SIDE OF THE STORE, THE GDC REQUIRES ONE PER 333 SQUARE FOOTAGE, WHICH WOULD REQUIRE 32 SPACES, AND THE APPLICANT REQUESTS ONE PER 400 SQUARE FOOTAGE, WHICH WOULD LEAD TO A TOTAL OF 27 PARKING SPACES. AND THERE IS AN EXISTING SIX FOOT WROUGHT IRON FENCE ALONG MARION DRIVE, WHICH IS TO BE REMAINED ALONG WITH THE GALVANIZED IRON FENCE ON NORTH AND WEST SIDE. BUT A SIX FOOT WROUGHT IRON FENCE ALONG DAVIS WOULD BE A INSTALLED AND NO BARBED WIRE FENCING ALONG ANY OF THE STREETS. AND PROPOSED EXPANSION IS EXEMPTED FROM SECTION 4.83 B ARTICULATION OF BOTH HORIZONTAL AND VERTICAL ARTICULATION REQUIREMENTS AND THE. IN TERMS OF RETAIL EXISTING RETAIL BUILDING, THE BUILDING SHOULD HAVE A MINIMUM FOR DISPLAY WINDOWS, TWO BENCHES AND TWO PLANTERS ALONG MARION DRIVE. STAFF RECOMMENDS APPROVAL OF THE REQUESTED PD AND ITS ASSOCIATED CONCEPT PLAN, SUBJECT TO THE PROPOSED PD CONDITIONS. USES ALLOWED PER INDUSTRIAL DISTRICT WITH EXISTING RETAIL STORE PERMITTED BY RIGHT. EXISTING SIX FOOT WROUGHT IRON FENCE ALONG MARION DRIVE TO REMAIN A MINIMUM SIX FEET WROUGHT IRON FENCE ALONG DAVIS BOULEVARD. MINIMUM RATIO OF ONE PARKING SPACE PER 2000 SQUARE FOOT FOR THE DISTRIBUTION CENTER, AND ONE SPACE PER 400 SQUARE FOOT FOR RETAIL STORE. A PROPOSED EXPANSION TO BE EXEMPTED FROM HORIZONTAL AND VERTICAL FACADE ARTICULATION REQUIREMENTS, AND MARION DRIVE FACADE TO INCLUDE A FEATURE BAND MINIMUM FOR DISPLAY WINDOWS, TWO BENCHES AND TWO PLANTERS. A TOTAL OF 120 NOTICES HAS BEEN MAILED. WE RECEIVED TWO. AGAINST WITHIN THE NOTIFICATION AREA, I THINK THE CONCERNS PRIMARY CONCERNS WAS WAS TRAFFIC NOISE, DEPRECIATION IN PROPERTY VALUES, ETC. WITH THIS I'M AVAILABLE FOR QUESTIONS. ANY QUESTIONS OF STAFF? YEP. I DON'T SEE ANY. WE'LL GET TO YOU. THANK YOU. I HAVE THREE SPEAKER CARDS BUT I DON'T SEE WHICH ONE IS THE APPLICANT. IS THE APPLICANT HERE. YOU WANT TO COME ON DOWN AND ADDRESS ANYTHING? WE'LL WE'LL CALL YOU IN A MINUTE. GOOD EVENING. I'M MARTHA BRISCOE. I'M SPEAKING ON BEHALF OF KIMLEY-HORN AND NEED YOUR ADDRESS TOO, PLEASE. OH, YES.

2600 NORTH CENTRAL EXPRESSWAY, RICHARDSON, TEXAS, 75080. THANK YOU. YES. OF COURSE. ANYTHING IN PARTICULAR YOU WANTED TO PRESENT OR. NO, I THINK I THINK THAT THAT WAS COVERED VERY WELL.

I THINK THAT SEEMS LIKE A A REALLY GOOD ECONOMIC DEVELOPMENT IN THE AREA AND A

[00:30:02]

I'VE NEVER HEARD ANYTHING DIFFERENT. I CANEFINITELY FOLLOW UP AND FIND OUT, BUT I DON'T KNOW THAT FOR SURE. I THINK FOR THE SAKE OF HOMEOWNERS, I'D LIKE TO KNOW WHAT THE RECEIVING HOURS WOULD BE. THAT WAY THERE WOULD NOT BE 18 WHEELERS COMING IN AT 9:00 AT NIGHT. SO THANK YOU, COMMISSIONER DALTON. THANK YOU. SO WE'RE NOT INCREASING MANUFACTURING. WE'RE ONLY INCREASING THE WAREHOUSING AND STORAGE FACILITIES. CORRECT. SO WHATEVER'S TAKING PLACE TODAY, SHIPPING RECEIVING IS JUST A BIGGER BUILDING TO STORE PRODUCT IN AFTER IT HAS BEEN COMPLETE. WHEN IT'S A COMPLETE PRODUCT READY TO BE SOLD. YES.

BUT NOTHING CHANGES IN THE MANUFACTURING PORTION OF THIS. SO THEY'RE BUILDING 3000 SOMEWHERE. I HEARD THEY'RE DOING 3000 HATS A DAY OUT OF THERE, IS WHAT I'VE HEARD. SO THIS IS JUST A STOP PLACE TO STORE THINGS UNTIL THEY'RE READY TO GO. SO NO INCREASED VOLUME, REALLY JUST A MORE CONVENIENT PLACE TO PUT IT. I HAVE NOT HEARD OF ANY INCREASE IN VOLUME. OKAY. AND HAVING BEEN IN THERE ALSO, I KNOW THEY DO HAVE A LOT OF INVENTORY AND IT'S STACKED VERY HIGH. SO MY ASSUMPTION AS WELL, AS FAR AS WHAT I KNOW, IS THAT THEY'RE ONLY PLANNING ON INCREASING THE SPACE FOR THOSE PRODUCTS. BUT THAT IS TRUE EVEN TO DO WITH THE, I GUESS, THE TRAFFIC IN AND OUT. I DO NOT BELIEVE THAT THAT IS INTENDED TO CHANGE.

IT'S JUST THE STORAGE. ONCE THOSE ITEMS GET THERE, THAT WILL CHANGE FOR THEM. IT'S JUST CONVENIENCE. THANK YOU. YES, THANK YOU, COMMISSIONER DUCKWORTH. THANK YOU SIR. MY QUESTION RUNS ALONG THE SAME LINE AS COMMISSIONER ABEL'S WAS ABOUT THE TRAFFIC. MANY CONCERNS WE HAVE WHEN WE LOOK AT THESE KIND OF THINGS IS IS IT GOING TO CREATE NIGHT TRAFFIC WITH RESIDENTIAL PEOPLE LIVING SO CLOSE THERE? WE CERTAINLY DON'T WANT TO INTERRUPT THEM. SO BUT YOU DON'T KNOW THAT FOR SURE THAT THERE'S NOT GOING TO BE ALL NIGHT DELIVERY OR PICKUP OF PRODUCT. I'M SORRY. GO AHEAD. I'VE NEVER HEARD OF AN INTENTION TO DO SO. I KNOW ALSO THAT THEY LIVE LOCALLY IN GARLAND AND I'VE NEVER HEARD OF ANY INTENTION TO IN ANY WAY DISRUPT THE COMMUNITY OR TRAFFIC. IF I HAD, I PERSONALLY WOULD BE CONCERNED. SO NO, I DON'T BELIEVE THAT IT SHOULD CHANGE FROM THE CURRENT CONDITIONS, WHICH I DON'T BELIEVE THEY'VE HAD ANY COMPLAINTS OR FEEDBACK FROM SURROUNDING PROPERTY OWNERS ON. I CANNOT SAY THAT. CERTAINLY I DO NOT KNOW, BUT I HAVE NOT HEARD OF THAT. OUR CITIZENS ARE ALWAYS CONCERNED ABOUT ADDITIONAL TRAFFIC, AND THAT'S A THAT'S A PART OF THE ECONOMIC GROWTH OF OUR CITY. AND SOMETIMES WE HAVE TO PUT UP AND PUT ANOTHER 30S UP TO TO CREATE THE TAX BASE AND THE, THE INCOME LEVELS AND THE JOBS THAT THAT THESE KIND OF THINGS DO. SO I HOPE OUR COMMUNITY UNDERSTANDS THAT WE LOOK AT THIS AS A PART OF THE ECONOMIC DEVELOPMENT OF OUR CITY, AS THE PRESENTATION SAID, AND APPRECIATE THE THE LONG TERM 38 YEARS, 1938 IS A LONG TIME TO BE A PART OF GARLAND. AND IN FACT, MY SWEET WIFE. I THINK THAT WAS ONE OF HER FIRST JOBS OUT THERE. SO I GO WAY BACK IN THE HISTORY OF THAT. SO ANYWAY, THANK YOU FOR YOUR INFORMATION. YES, YOU WERE WORKING THERE WHEN THEY OPENED UP. YOU'RE SAYING? YEAH, I WAS WORKING OKAY. OKAY, I HAVE A FEW QUESTIONS AGAIN, TO THE POINT OF THE TRUCKS. ONE OF THE LETTERS WE GOT WAS CONCERNED ABOUT TRAFFIC. IS THERE GOING TO BE AND OBVIOUSLY YOU DON'T HAVE THESE ANSWERS RIGHT NOW.

IS THERE GOING TO BE AN INCREASE IN TRUCK TRAFFIC? STAFF REPORTS SAID THAT THEY

[00:35:03]

AND I NOTICE IN THE SITE PLAN THE ACTUAL TRUCK DOCKS ARE IN THAT RECESS AREA. NOT NOT ALONG THERE. AND LOOKING FROM THE LAYOUT WHERE THE PARKING IS, I'M NOT CERTAIN THAT'S LAID OUT TO WHERE AN 18 WHEELER CAN EASILY MAKE IT ALL THE WAY AROUND THE BUILDING. SO I'M ASSUMING YOU'RE JUST GOING IN AND OUT OF THE TRUCK BAY, BECAUSE THE RADIUSES DON'T LOOK GOOD FOR TRUCK TRAFFIC, CORRECT? THEY'RE NOT THEY'RE NOT SIZED CORRECTLY FOR 18 WHEELERS. SO THEY'LL JUST GO INTO THOSE TRUCK DOCKS AND EXIT, AS IS THE CURRENT CONDITION. OKAY, GREAT.

ALL RIGHT. I THINK THAT'S ALL THE QUESTIONS I HAD. WE WILL HAVE SOME SPEAKERS COME UP AND ALLOW TO COME BACK UP AND ADDRESS ANY ITEMS THEY BRING UP. ALL RIGHTY. THANK YOU. THANK YOU GUYS SO MUCH. FIRST SPEAKER. AND AGAIN, THIS IS WHERE I CAN'T READ. WELL, RUDY. RUDY IS THERE. RUDY HERE. OKAY. AND NAME AND ADDRESS, PLEASE. I WAS WONDERING ABOUT I LIVE ON 1622 JAMES DRIVE, GARLAND, TEXAS. I WAS WONDERING ABOUT THE TAX INCREASE. IT WAS GOING TO INCREASE ON THAT ON PROPERTY TAXESOR THAT BUILDING. IF THEY ADDED ON THERE OR IF THEY ADDED ON, YEAH, THEY WILL BE PAYING MORE TAXES, BUT THAT'S UP TO THE COUNTY TO DETERMINE THE ACTUAL VALUE OF IT. YEAH. AND THE TRUCK, THE 18 WHEELER TRAFFIC THAT YOU WERE TALKING ABOUT EARLIER. THEY DO. AND I HAD TO PUT SOMETHING IN FRONT OF THEM ON THE SIDE SO THEY WOULDN'T PARK THERE BECAUSE THEY GOT SO CLOSE TO MY FENCE, IT LOOKED LIKE THEY WERE GOING TO HIT IT. OR MAYBE THEY DID HIT IT, DIDN'T RECOGNIZE IT. THE 18 WHEELERS DO STAY THE NIGHT THERE SOMETIMES, BUT THAT WAS ONE OF THE CONCERNS TOO. AND. ON THE BUILDING ITSELF, IT USED TO BE SO MUCH HEAT THAT I USED TO HIT THE. THE WAREHOUSE USED TO REFLECT BACK TO THE TO THE HOUSES AND THEY USED TO LIKE BURN THEM OR, YOU KNOW, BECAUSE IT WAS SO MUCH HEAT REFLECTING OFF THE BUILDINGS. I'VE HEARD OF THAT HAPPENING IN HIGH RISES WHERE ONE ARCHITECT DID A COUPLE CURVED BUILDINGS AND HAD BURNED CARS AND STUFF. BUT A FLAT BUILDING LIKE THAT SHOULDN'T GENERATE TOO MUCH HEAT. YEAH, BECAUSE IT USED TO. I DON'T KNOW IF THEY'RE USING

[00:40:02]

AMANDA. MANAAI THINK A RILA. MARIA. OH OKAY. THE I IN THE R RAN TOGETHER THERE. TOLD YOU I'M BAD ON READING AND PRONOUNCING NAMES. I'VE GOT A MASTER'S IN THAT. VERY WELL.

TAKE YOUR TIME. TAKE YOUR TIME. MARIA AVILA AT 1617 DAVIS BOULEVARD. OKAY, SO HER QUESTION IS, FOR EXAMPLE, IF THEY START DOING ANYTHING WITH THE ELECTRICITY, IF IT GOES OUT, HOW ARE WE GOING TO BE AFFECTED? OR IF THEY DO ANYTHING WITH THE WATER OR, YOU KNOW, ANYTHING WITH THE UTILITIES, WOULD WE BE AFFECTED? WELL, THEY HAVE TO GO THROUGH BEFORE THEY START BUILDING. THEY'LL HAVE TO GO THROUGH A SITE PERMIT PROCESS. AND THE CITY OF GARLAND IS ENGINEERING DEPARTMENT IS VERY THOROUGH. AND THEY'LL BE WATCHING OVER THEM AS THEY BUILD, HOPEFULLY. SO THAT DOESN'T HAPPEN. BUT IF IT DOES HAPPEN, THE CITY WILL BE RIGHT ON TOP OF IT AND HOPEFULLY IT WOULD BE MINOR IN NATURE. AND. THANK YOU SO MUCH FOR. AND I THINK SO I'M KIND OF GOING TO TAG ALONG ON WHAT KIND OF. RUDY SAID ON THE PROPERTY TAXES. SO I KNOW THAT THEIR PROPERTY TAXES WILL INCREASE, BUT. WELL, OUR TAXES INCREASE AS WELL. I'M NOT A TAX EXPERT. WE HAVE A REALTOR ON THE PANEL HERE, BUT I THINK THOSE TWO WOULD BE RELATIVELY DISCONNECTED IN APPRAISALS. COMMISSIONER ABEL, I CAN ACTUALLY I CAN ACTUALLY ADDRESS THE TAX THING FOR YOU. THAT WOULD BE TWO SEPARATE ENTITIES ALTOGETHER. DALLAS COUNTY CENTRAL APPRAISAL DISTRI WILL LOOK AT YOU AS A RESIDENTIAL. AND FOR APPRAISAL PURPOSES, IT WOULD WHERE YOU'RE LOCATED. YOU'RE RIGHT BY THE PARK, EVERYTHING ELSE, THEY WOULD NOT TAKE ANYTHING OFF TYPICALLY FOR THE VIEW BECAUSE OF EVERYTHING THAT'S ALREADY EXISTING AROUND THE AREA. SO I WOULDN'T I'D SELL THAT HOUSE IN A HEARTBEAT. YEAH. IT'S MORE THAT IT'S MORE THE SAME USE. IT'S THE SAME USE THAT'S CURRENTLY THERE. AND THEY'RE NOT DOING ANYTHING ADJACENT TO YOUR PROPERTY. IF THEY WERE BUILDING. 1702 DAVIS RIGHT ACROSS AND THERE WAS GOING TO BE HEADLIGHTS COMING IN AND OUT, IT MIGHT, BUT I DON'T THINK ANYTHING THERE WOULD AFFECT ANYTHING. AND. THANK YOU. THANK YOU VERY MUCH FOR COMING DOWN.

LAST SPEAKER CARD I HAVE IS DANIEL NICHOLS. GOOD EVENING. GOOD EVENING. DANIEL NICHOLS, 1725 INWOOD BOULEVARD. THE SURVEY DOESN'T MENTION RESIST ALL HATCO. I'M SURE WE WOULD HAVE PROVIDED MORE RESPONSES IF IF WE HAD REALIZED BECAUSE WE'RE PROUD OF RESIST ALL. HECK, I WOULD LOVE TO SEE AN IMPROVEMENT TO THE BUILDINGS. SO NOW THAT I UNDERSTAND A BIT MORE ABOUT IT, I WAS ABLE TO CROSS OUT SOME OF MY CONCERNS, BUT SOME OF MY EXISTING CONCERNS ARE. I'LL START WITH THE WOODED AREA. ARE THERE PLANS TO. YOUR SLIDE MENTIONED SOME GDC STRUCTURAL OR GDC APPROVED? DO YOU HAVE ANY IDEA OF WHAT THE WOODS ARE GOING TO DO? MY CONCERN IS THAT THERE'S THERE'S MULTIPLE ANIMALS THERE THAT HELP WITH OUR ECOSYSTEM TO DETER PEST. OKAY, SO MOVING ON. THE NEXT CONCERN IS THE ROADS. YES, I, I TAKE MY, MY CHILDREN TO SCHOOL. I GO TO WORK EVERY DAY. WE DO SEE THOSE 18 WHEELERS PARKED ON THE ROADS.

[00:45:02]

BUT FOR RESIDENTS, THAT'S LIKE THE MOST IMPORTANT TO US. YEAH. OH, OKAY. YEAH. I'M NOT ADDRESSING THEM. OKAY, GOOD. SO IF I HAVE QUESTIONS. NO, I'M SAYING I'M SORRY. SO IF I HAVE QUESTIONS FOR THEM, I DON'T ADDRESS THEM. YOU TELL US WHAT YOU WANT TO KNOW AND I'LL GET HER TO ANSWER THEM, I UNDERSTAND. THANK YOU. SO. WHERE WAS I? YEAH YEAH YEAH. SO AGAIN, THE MAIN CONCERN FOR RESIDENTS IS NOISE POLLUTION, TRAFFIC, EASY ACCESS, TRANSIT, TRANSIT ABILITY. SO I MEAN WHY WHY DON'T I I'M JUST SURPRISED THAT THE APPLICANTS WEREN'T PREPARED TO ANSWER THOSE QUESTIONS. BUT IT SOUNDS LIKE THERE MIGHT BE A SECOND MEETING.

SO DEFINITELY SOME BIG OR RATHER, THOSE WOULD BE THE IMPORTANT QUESTIONS. THERE IS A NEW PARK THAT WE ALL KIND OF HAD A SIMILAR PANEL, AND WE TOOK DOWN THE OLD BUILDING THAT WAS DETERIORATING. WE MADE THIS BEAUTIFUL PARK, SPEND MONEY ON, ON BUILDING A PARK THAT'S FED BY THE CREEK. REALLY IMPORTANT. IT'S BEEN A WONDERFUL CONTRIBUTION TO THE COMMUNITY.

THERE'S KIDS IN THE STREETS EVERY DAY PLAYING. THAT WOULD BE A CONCERN. THE ADDITIONAL TRAFFIC WOULD BE A CONCERN FOR THE SAFETY. AGAIN, THE ROAD ISN'T BUILT WELL. THE SIGNAGE, THE STREET LINES. IS THAT IN MY TIME? YEAH. OKAY, WELL, MAYBE I'LL HELP YOU WITH SOME OF THE ANSWERS. IN TERMS OF THE WOODS, THERE IS A CREEK RUNNING THROUGH THERE, SO THERE'S A FLOODPLAIN INVOLVED, SO IT'S DIFFICULT TO DEVELOP. SO I DON'T THINK ANYTHING'S GOING TO HAPPEN IMMEDIATELY IMMEDIATELY THERE. AND IT SHOULDN'T. SO WE'LL HAVE TO WAIT ON THAT. BUT THAT'S A DIFFICULT AREA TO DEVELOP WITH FLOODPLAINS AND EVERYTHING. IN TERMS OF TRAFFIC.

I, I DON'T KNOW IF THAT AREA IS IN THE BOND AT ALL FOR IMPROVEMENT ALONG THAT ROAD.

THAT WOULD BE SOMETHING COULD PROBABLY GET ANSWERED. A COUNCIL. SPEAKING OF WHICH, THIS IS WHAT WE DO IS WE MAKE A JUDGMENT AND GIVE OUR RECOMMENDATION TO THE CITY COUNCIL. THIS WILL THEN GO TO THE CITY COUNCIL. SO OCTOBER 19TH. SO PUT THAT ON YOUR CALENDARS AND THEY WILL MAKE THE FINAL NOVEMBER 20TH, OCTOBER 20TH. SO PUT THAT ON YOUR CALENDARS AND THEY WILL BE MAKING THE FINAL DETERMINATION. YEAH. AND YOU WILL BE GETTING ANOTHER LETTER. OKAY. AND A GENTLEMAN HERE IN FRONT. I'M OUT OF CARDS. SO DID YOU CARE TO SAY SOMETHING ON THIS ONE? OKAY, COME ON UP AND STATE YOUR NAME AND ADDRESS, PLEASE. MIKE WELLMAN 1517 RESISTOL. I'M RIGHT AT THE END OF THAT. I APPRECIATE YOU GUYS ASKING ABOUT THE TRAFFIC. WHEN YOU'RE GOING TO PUT TEN MORE BAYS IN THERE, OBVIOUSLY IS GOING TO BE MORE TRUCK TRAFFIC AND THE ROAD, THERE'S NO SIDEWALKS ON IT. SO A LOT OF US, EVEN MYSELF, WE WALK UP AND DOWN THAT STREET TO THE STORE OR NEIGHBORS OR WHATEVER. AND IF YOU GOT TRUCK TRAFFIC, THEN WE GOT TO EITHER GET OFF IN THAT DEEP DITCH OR WALK IN SOMEBODY'S YARD OVER HERE. YOU KNOW, I DON'T REMEMBER IT AS DAVIS. I REMEMBER AS RESISTOL HAT FACTORY, AND IT'S BEEN A GOOD NEIGHBOR. I MEAN, I HAVE NO PROBLEM WITH IT, AND I THINK IT'S GOOD THAT THEY ADD ON. I'M JUST CONCERNED THE TRUCK TRAFFIC. I MEAN, IT'S JUST MARION'S THE ONLY WAY THE TRUCKS CAN GET IN THERE. THEY CAN'T COME DOWN MY STREET BECAUSE THERE'S A BIG SIGN THAT SAYS NO TRUCKS, YOU KNOW. SO MY CONCERN IS, ARE THEY GOING TO MONITOR THAT AND MAKE SURE THEY DON'T USE MY STREET AS A DRIVE THROUGH? I THINK THEY'VE BEEN PRETTY GOOD NEIGHBORS. AND ONCE IT'S POINTED OUT, I WOULD HOPE THAT THEY WOULD INSTRUCT THEIR TRUCK DRIVERS TO DO THAT. BUT THAT'S SOMETHING TO BRING UP AT COUNCIL TOO. THEN THEY'VE BEEN PRETTY GOOD. BUT, YOU KNOW, THERE'S ALWAYS A FEW THAT SAY GO DOWN THERE, YOU KNOW, BUT THERE'S ALWAYS SOME. YEAH, THERE'S ALWAYS A FEW. BUT YEAH, YEAH. MY QUESTIONS. I APPRECIATE YOU ADDRESSING THE TRAFFIC. THANK YOU, THANK YOU. IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WISHES TO SPEAK ON THIS CASE? IF NOT, I'LL ASK THE APPLICANT TO COME BACK UP IF SHE HAS MORE INFORMATION FOR US. I'D FIRST LIKE TO SAY THANK YOU SO MUCH FOR VOICING YOUR

[00:50:07]

AND I THINK THAT THESE ARE CONCERNS THAT SHOULD BE ADDRESSED IN MY PERSONAL OPINION. SO, YES, I DO KNOW THAT THERE WILL BE A REPRESENTATIVE FROM HATCO AS WELL AS OTHER ENGINEERING STAFF THERE AS WELL THAT CAN ANSWER QUESTIONS DEFINITIVELY, AND I PERSONALLY WILL SEE TO THAT. THESE COMMENTS HAVE WILL BE ADDRESSED BY THEM AT THAT TIME.

AND IF THERE ARE ANY, YOU KNOW, ADDITIONAL CONCERNS, I HOPE THAT THOSE ARE VOICED. AND I HOPE THAT IF THIS DEVELOPMENT MOVES FORWARD, THAT IT CAN BE SOMETHING THAT IS OVERALL BENEFICIAL FOR THE COMMUNITY AND THAT MAKES EVERYONE IN THAT SURROUNDING AREA HAPPY, AND THEY CONTINUE TO BE GOOD NEIGHBORS AND STICK BY THEIR CHARACTER. PETCO HAS BEEN GOOD TO THE CITY, AND WE WANT TO BE GOOD TO THEM. BUT WE GOT NEIGHBORS. ABSOLUTELY, YES, AND I WOULD I WOULD SUGGEST THAT YOU BRING THOSE BACK AS FACTUAL PARTS OF YOUR PRESENTATION OF OURS WILL BE PARKING, YOU KNOW, THOSE KIND OF THINGS. SO WE DON'T HAVE TO GO BACK AND FORTH TO GET THE ANSWER. YES, SIR. ABSOLUTELY. THANK YOU SO MUCH. THANK YOU. ALRIGHTY, COMMISSIONERS. THAT'S THE END OF OUR PUBLIC HEARING PRESENTATION PART. IT LOOKS LIKE. DO I HEAR A MOTION OR DISCUSSION? COMMISSIONER DALTON, YOU HAD A QUESTION. I'M SORRY, I HAVE A QUESTION. I WANTED TO MAKE A COMMENT. PETCO HAS BEEN A EXTREMELY GOOD RESIDENT AND BUSINESS IN GARLAND HAS GIVEN US A LOT OF BRAGGING RIGHTS. THE CONCERNS OF ADDITIONAL TRUCKING. I CAN'T WRAP MY HEAD AROUND IF THEY'RE NOT PRODUCING ANY MORE PRODUCT NEXT WEEK THAN THEY'RE MAKING THIS WEEK. I CAN'T SEE WHY THERE WOULD BE ANY ADDITIONAL TRAFFIC ON THAT

[00:55:04]

THAT'S CORRECT. I SECOND THE MOTION TO APPROVE THIS REQUEST AS WRITTEN AND TO ADD ALL OF OUR COMMENTS THERE FOR COUNCIL REVIEW MOTION IS TO APPROVE THE APPLICATION AS PRESENTED BY STAFF, AND FORWARD OUR COMMENTS TO THE PLANNING TO THE CITY COUNCIL. MOTION IS TO APPROVE.

I SEE NO DISCUSSION. ALL. THAT PASSES UNANIMOUSLY. ON A SIDE NOTE TO YOUR POINT, COMMISSIONER DALTON, ABOUT THEM BEING SUCH GREAT NEIGHBORS. THE MAYOR, MAYOR HEDRICK JUST TODAY POSTED A BLOG ABOUT HIS TRIP TO OUR SISTER CITY IN TAIWAN. HE AND COUNCILMAN MOORE WENT. THEY WORE THEIR HATS, THEIR COWBOY HATS THROUGH THE WHOLE TRIP, AND THEY SAID, IF YOU WANT TO GET NOTICED ON THE ISLAND OF TAIWAN, WEAR THOSE HATS. AND THEY ALSO TOOK SOME AND GAVE THEM TO SOME DIGNITARIES TOO. SO THEY THEY ARE A GOOD ICEBREAKER. IF NOTHING ELSE,

[c. GDC Amendment 26-08]

[01:00:07]

IT WAS COMPARATIVELY NEWER. SO OBVIOUSLY OUR STANCE WAS WE WANTED TO STAY DEFENSIBLE. WE DIDN'T WANT TO BECOME THE TEST CASE BY DOING SOMETHING THAT'S THAT HAS NOT BEEN THAT'S NOT OUR LEGAL LEGAL TEAM IS NOT TOO CONFIDENT IN THAT. SO THERE WERE SOME LITIGATION RISKS. SO THE WAY WE HAD THE REGULATIONS ON WERE NOT ZONING OR LAND USE BASED. IT WAS MOSTLY PERMIT BASED. SO WE DO HAVE A SHORT TERM RENTAL PERMIT PROGRAM. ANYBODY WHO WANTS TO OPERATE A SHORT TERM RENTAL, THEY HAVE TO REGISTER WITH OUR CODE COMPLIANCE DEPARTMENT. SO IT WAS MORE SO THAT THEY'RE NOT CREATING NUISANCE. SO THEIR INSPECTIONS THERE ARE RENEWALS TO MAKE SURE THE RESIDENCES ARE. AND THE THE DWELLING UNITS ARE KEPT UP TO DATE. NEXT SLIDE.

HOWEVER, A RECENT CASE, JUNE OF 2026, MARVEL VERSUS CITY OF NEW BRAUNFELS, THE FIFTH CIRCUIT HAD STEPPED IN AND THEY HAD RULED OUT THE. THE RATIONAL BASIS THAT WAS THERE BEFORE THAT. HEY, SHORT TERM RENTAL IS JUST LIKE LONG TERM RENTAL. THEY HAVE UPHELD NEW BRAUNFELS POSITION THAT THERE IS RESIDENTIAL INTEGRITY AND NEIGHBORHOOD CHARACTER THAT ARE LEGITIMATE GOVERNMENT INTEREST, AND THERE IS A DIFFERENCE BETWEEN RENTING IT OUT SHORT TERM VERSUS LONG TERM. THERE IS A SOCIAL CONTRACT BETWEEN NEIGHBORS WHEN YOU'RE RENTING LONG TERM VERSUS WHEN YOU'RE JUST OUT THERE FOR THE WEEKEND OR FOR PARTYING OR VACATIONING.

SO THERE ARE FUNDAMENTAL DIFFERENCES IN BEHAVIOR WHEN YOU'RE RENTING SHORT TERM VERSUS LONG TERM. SO THIS CASE HAS REALLY SET THE STAGE FOR THE CITY TO COME IN AND REGULATE SHORT TERM RENTALS AS LAND USES FROM HERE ON OUT. NEXT SLIDE PLEASE. SO CORE DIFFERENCE BEFORE JUNE OF 2026, IT WAS MOSTLY REGULATED WITH OPERATIONAL RULES, PERMITS, INSPECTIONS, CONDUCT. THERE WAS NO ZONING REGULATIONS IN PLACE. SOME CITIES DID THAT. GARLAND NEVER DID AS AS WE MENTIONED, WE WANTED TO BE LEGALLY DEFENSIBLE AND VERY. WE HAD A VERY CONSERVATIVE APPROACH TO MINIMIZE LITIGATION EXPOSURE. HOWEVER, WITH THIS FIFTH CIRCUIT DECISION, WE ARE PRETTY CONFIDENT THAT WE CAN NOW REGULATE THEM BASED ON ZONING.

WE CAN HAVE BY RIGHT LOCATIONS, SUP LOCATIONS AND DISTRICTS WHERE SHORT TERM RENTALS ARE PROHIBITED. AND AGAIN, BECAUSE RESIDENTIAL CHARACTER IS A CORE, IS THE CORE OF THAT FIFTH CIRCUIT DECISION, WE'RE CONFIDENT THAT OUR RATIONALE WILL HOLD UP IN THE COURT. NEXT SLIDE PLEASE. SO WITH THAT, OUR PROPOSED STANDARDS I'M JUST SUMMARIZING IT HERE. OF COURSE, THE ORDINANCE WAS POSTED IN THE PACKAGE AND WE'RE HAPPY TO ANSWER QUESTIONS. BUT SUMMARIZING WE'RE SHORT TERM RENTAL WILL NOW BE A LAND USE IN OUR LAND USE CHART. WE'LL HAVE A DEFINITION FOR THAT. AND THAT DEFINITION DOES SPECIFY THAT IT HAS TO BE THE ENTIRE DWELLING UNIT FOR LODGING BY ONE BOOKING PARTY. AND IT IS OBVIOUSLY NOT MORE THAN 30 CONSECUTIVE DAYS. WE DO MAKE A DIFFERENCE BETWEEN HOTEL MOTEL, BED AND BREAKFAST HOSPITAL NURSING. SO SHORT TERM RENTAL IS ITS OWN LAND USE IN THE LAND USE CHART. WITH THE CURRENT PROPOSAL, WE ARE PROPOSING IT TO BE PERMITTED BY RIGHT IN LIGHT, COMMERCIAL AND HEAVY COMMERCIAL DISTRICTS AND IN PLAN DEVELOPMENTS ONLY IF IT IS EXPLICITLY PERMITTED IN THAT PLAN DEVELOPMENT. IF THE PLAN DEVELOPMENT DOESN'T SAY ANYTHING ABOUT SHORT TERM RENTALS, IT'S ASSUMED THAT IT IS NOT PERMITTED. IN THAT PLAN DEVELOPMENT. WE HAVE INCLUDED ONE PROVISION THAT BECAUSE CURRENTLY IT'S A TRICKY SITUATION BECAUSE CURRENTLY IT'S NOT REGULATED AS LAND USE. BUT WE HAVE PEOPLE WHO HAVE VALID PERMIT TO HAVE SHORT TM RENTALS. WE HAVE INCLUDED A PROVISION THAT THEY WILL BE OBVIOUSLY BE ABLE TO CONTINUE THEIR PERMITS. AND WE HAVE INCLUDED ONE TRANSFERABLE. SITUATION WHERE IF THE CURRENT

[01:05:09]

YOU ONE OF YOUR LAST POINTS WAS THAT 12 MONTH WINDOW AT 12 MONTHS STARTS WHEN THE COUNCIL OFFICIALLY APPROVES THE NEW ORDINANCE. IS THAT CORRECT? WELL, THE 12 MONTH IS FOR THE OWNER, SO WHEN THEY SELL IT FROM THAT TIME, THEY HAVE 12 MONTHS TO TRANSFER THEIR PERMIT.

KNOW THE WAY AND KURT MAY BE ABLE TO HELP ME ON THIS. YEAH, YEAH. THE WAY I READ IT IS THEY HAVE 12 MONTHS FROM WITHIN THE ORDINANCES PASSED IF THEY WANT TO SELL IT. AND THEN THE NEW OWNER HAS 30 DAYS TO APPLY FOR NEW PERMIT. CITY ATTORNEY'S OFFICE MAY BE ABLE TO CLARIFY ON THAT, BECAUSE I'M CERTAIN THERE ARE QUESTIONS OUT HERE. MY RECOLLECTION AND I'M TRYING TO LOOK TO FIND THE LOCATION. MY RECOLLECTION IS, IS THAT IT IS FROM THE 12 MONTHS, FROM THE EFFECTIVE DATE OF THE ORDINANCE. ORDINANCE. OKAY. LET'S SEE IF I CAN FIND THAT. YEAH. THE WAY THE WAY I READ IT IS IT'S FROM THE TIME THE ORDINANCE IS PASSED. IF YOU TRANSFER OR SELL YOUR PROPERTY WITHIN 12 MONTHS, YOU HAD THE ABILITY TO TRANSFER AND SELL THE RIGHT TO HAVE A SHORT TERM RENTAL. BUT THAT PERSON MUST THEN WITHIN 30 DAYS OF THAT TRANSFER, MAKE THE APPLICATION. AND IT'S IT'S IN EYE TO EYE THERE. THE TRANSFER IS COMPLETE AND APPLICABLE NOT LATER THAN 12 MONTHS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE. THAT'S CORRECT. TWO, I IS CLARIFYING THAT PIECE. YOU'RE CORRECT. IT'S ALL LEGALESE. OKAY. ANY OTHER QUESTIONS OF NABILA? OKAY. I DO HAVE A FEW SPEAKER CARDS. START WITH THE CARL CARLA SEBOLD. YOU.

CALLED HER UP. HI THERE. NAME AND ADDRESS, PLEASE. THANK YOU. SEBOLD, 2683 COUNTY ROAD, 141, KAUFMAN, TEXAS. THANK YOU. I OWN A PROPERTY IN GARLAND AND JUST WENT THROUGH THE NEW PERMITTING. IT'S ALL REQUIRED, WHICH IS VERY I MEAN, IT'S VERY DETAILED. SO MY QUESTION IS, YOU'RE SAYING 12 MONTHS FROM THE TIME THIS ORDINANCE GOES THROUGH, IF I WANT TO SELL IT, THAT'S GOING TO BE THE ONLY TIME ANYBODYLSE CAN BUY IT IS A SHORT TERM RENTAL. YEAH.

WITHIN THE FIRST 12 MONTHS, THAT'S WHEN YOU CAN SELL IT IN THE RIGHT TO HAVE SHORT TERM RENTAL WOULD GO ALONG WITH THAT SALE. IF IT'S IF IT'S 13, IF IT'S 13 MONTHS. NO, BUT IF I MAINTAIN MY PROPERTY, IT STAYS ON THE PERMIT PROGRAM. IF YOU HAVE A VALID PERMIT NOW THAT LASTS AS LONG AS YOU WANT TO USE IT. THAT'S WHAT I THAT'S WHAT I WAS CONCERNED IS THAT THE WHOLE PROGRAM WAS GOING AWAY. I WOULDN'T BE ABLE TO DO WHAT I WANT TO WITH MY PROPERTY THE WAY I READ IT. IF YOU HAVE A VALID PERMIT NOW. YOU CAN KEEP DOING SHORT TERM RENTALS

[01:10:02]

VOTE POSSIBLY BE IN OCTOBER AND ABOUT OCTOBER 20TH, 25 DAYS. YEAH. AND THEN THAT'S WHEN IT'LL BE APPROVED AND FILED. AND THEN THAT'S WHEN THE CLOCK STARTS. SO THERE WILL BE NO NO MORE NEW SHORT TERM RENTALS OR DO OR WILL THERE. THEY'LL JUST BE PERMITTED. OR ONE THING TO POINT OUT, SHORT TERM RENTALS WILL BE ALLOWED IN INDUSTRIAL AND HEAVY COMMERCIAL ZONED AREAS. NO LHT COMMERCIAL AND HEAVY COMMERCIAL LIGHT COMMERCIAL, HEAVY COMMERCIAL.

OKAY, I GOT MY MERGE MIXED UP, SO. BUT NO MORE RESIDENTIAL. YOU CAN'T YOU WON'T BE. NO, NO NEW ONES. AFTER OCTOBER 20TH. BUT IF YOU HAD ANYTHING PERMITTED BEFORE OCTOBER 20TH, YOU CAN CONTINUE AND CONTINUE. OKAY. THAT WAS ALL I HAD. YOU'LL HAVE TO KEEP UP WITH YOUR PERMIT AND KEEP THE PROPERTY IN COMPLIANCE. RIGHT? EXACTLY. OKAY. THANK YOU. THANK YOU VERY MUCH FOR COMING DOWN. TED MUMMA. THERE'S A LOT OF PEOPLE HERE. GARLAND TEXAS 75044. SO YOU'RE SAYING IF WE ALREADY HAVE A STREET SHORT TERM RENTAL PERMIT AND TIME TO RENEW IT, AS LONG AS HE PASSED THE INSPECTIONS AND ALL OF THAT, WE CAN CONTINUE TO RENEW IT.

RIGHT? IF YOU'RE IN COMPLIANCE. YES, YES. RENEW IT WHEN TIME COME. CORRECT. YOU CAN CONTINUE.

YEAH. OKAY. THANK YOU. AND FROM FROM WHAT I'M SEEING, THE PEOPLE THAT ARE HERE ARE THE GOOD, GOOD PEOPLE RUNNING THESE THINGS BECAUSE, YOU KNOW, THERE'S SOME THAT AREN'T. AND THAT'S WHAT'S CAUSED THE PROBLEM. MY PROPERTY. SO I KNOW WHAT'S GOING ON. YEAH. THANK YOU. ALL RIGHT. MIKE WELLMAN. YEAH I DID YEAH. OKAY. AND NAME AND ADDRESS LIKE GOOD EVENING.

IT'S LIKE I'M TED MOOMAW 1231 WEST AVENUE A GARLAND. RESIDENT 20 YEARS. ABOUT TEN YEARS AGO, WE DECIDED THAT WE WERE GOING TO TAKE OUR DILAPIDATED GARAGE AND TURN IT INTO A SHORT TERM RENTAL, WHICH WE DID. THE PURPOSE OF THAT WAS TO HOPEFULLY RETIRE. YOU KNOW, I'M 80 YEARS OLD. I RECENTLY WAS ABLE TO GET A SMALL PENSION FROM THE GARLAND ISD AS A SCHOOL BUS DRIVER. SO MY WIFE AND I WERE LIVING ON OUR SHORT TERM RENTAL AND OUR SMALL PENSION AND SOCIAL SECURITY. WE ALL KNOW THAT THAT'S NOT MUCH AND BOASTED MOST OF MY MONEY IN THIS SHORT TERM RENTAL SO THAT I WOULD HAVE THIS RETIREMENT. AND SO MY THOUGHT IS, YOU KNOW, I YOU HAVE ANSWERED SOME QUESTIONS HERE THAT MAKE ME FEEL A LITTLE BIT MORE COMFORTABLE ABOUT ALL THIS, EXCEPT FOR THE FACT THAT IF I WANT TO GAIN EQUITY OR SELL MY HOUSE AND PROPERTY AND GAIN ANY MONEY FOR THE FACT THAT IT IS A SHORT TERM RENTAL, I'VE GOT TO DO THAT WITHIN 12 MONTHS. THAT MEANS I GOT TO DO IT RIGHT NOW. CORRECT. MY IDEA WAS TO BE ABLE TO LIVE HERE FROM NOW ON, YOU KNOW, AND BEING MY AGE, I'M NOT SURE I CAN CONTINUE TO KEEP THAT SHORT TERM RENTAL UP AFTER I RETURN, SAY, TEN YEARS FROM NOW. SO I WOULD LIKE TO SELL MY HOME, BUT I DON'T WANT TO SELL IT THIS YEAR. SO I FEEL LIKE JUST TO BE TRUTHFUL, AND I KNOW I'M GOING OVER TIME HERE, BUT PROBABLY. BUT WE HAVE OUR RENTAL. WE WE DO NOT ALLOW ANY PARTIES. WE DON'T ALLOW ANY GUESTS. WE HAVE COUPLES ONLY. WE HAVE AN ENTRANCE. THE PEOPLE

[01:15:03]

WE'VE NEVER HAD A COMPLAINT FROM A NEIGHBOR AT ALL. AND I THINK THAT, YOU KNOW, IT WOULD BE BETTER IF AND YOU MIGHT CONSIDER THIS RATHER THAN TAKING A. BROAD PEN AND HITTING ALL THE AIRBNB PEOPLE IN TOWN OR SHORT TERM RENTAL PEOPLE IN TOWN, THAT MAYBE YOU DO SOMOME WORK ON THOSE PEOPLE WHO ARE BAD ACTORS. YOU KNOW, WE'VE, WE'VE DONE OUR, WE'VE PAID THE PAID ALL THE, THE, WE'VE GOT OUR PERMITS. WE, WE DID EVERYTHING. WE JUMPED THROUGH ALL THE HOOPS BASICALLY, AND WE'VE KEPT IT LEGAL. SO IT SEEMS TO ME LIKE MAYBE WE'RE OVERSTEPPING THEIR BOUNDS WITHOUT. AND MAYBE THERE'D BE A DIFFERENT WAY TO DO THIS THAN TO PUNISH THOSE WHO HAVE NOT BEEN HAD ANY PROBLEMS. THANK YOU. WELL, TO KIND OF ELABORATE ON THAT, IT'S IT'S VERY TOUGH ENFORCEMENT ASPECT OF IT. FROM THE LEGAL STANDPOINT, IT'S VERY TOUGH TO GO AFTER ONE PERSON OR ANOTHER. AND ACTUALLY, THE ENFORCEMENT SHOULD COME FROM PEOPLE LIKE AIRBNB OR TRUBOW. THEY SHOULD BE ONE ENFORCING THEIR RULES ON THESE BAD ACTORS.

YOU MENTIONED SOMETHING. YOU CONVERTED YOUR GARAGE. NOW, IS THAT A SEPARATE GARAGE OR IS THAT A SEPARATE BUILDING OR IS IT ATTACHED TO THE HOUSE? IT WAS A SEPARATE OKAY, GOOD.

BECAUSE IT KEEPS YOU WITHIN THE ORDINANCE. WE'VE GOT A KITCHEN, WE GOT A BATHROOM. WE PUT A LOT OF MONEY IN IT. YEAH. AND THIS IS THIS IS AFFECTING US GREATLY. IN FACT, ALL OUR MONEY. SO THERE YOU ARE. I WAS JUST MAKING SURE YOU'RE COVERED UNDER THE ORDINANCE, BECAUSE ONE CLAUSE IN THE ORDINANCE THAT STATES THAT ROOMS CAN'T BE RENTED OUT, THE WHOLE BUILDING DOES. AND SO YOU'VE GOT A SEPARATE GARAGE AND IT'S RENTED OUT SEPARATE BUILDING. OKAY.

ENTRANCE AND OKAY, VERY QUIET, VERY PEACEFUL. GOOD TO GO. THANK YOU. MIKE WELLMAN.

ALBERTA EDWARDS. MAYBE THERE WAS A LADY WHO CAME UP FOR YOU. THAT'S ALL THE SPEAKER CARDS I HAVE. IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WISHES TO COME ON DOWN? JUST STATE YOUR NAME AND ADDRESS, PLEASE. AND. YOU? YEAH. 3317 RIDGEDALE AND HARLAN, I MEAN, DISTRICT FIVE. AND I'M VERY EXCITED AND HAPPY THAT LAUREN IS GOING TO RESTRICT THAT. YOU CANNOT PUT IN NEW SHORT TERM RENTALS AND THE RESIDENTIAL LITTLE NEIGHBORHOODS. I LIVE IN ONE OF THOSE NEIGHBORHOODS, RESIDENTIAL NEIGHBORHOODS. AND THE SHORT TERM RENTAL HAS BEEN A PROBLEM. AND SO I'M HAPPY THAT YOU'RE DOING IT. AND I JUST WANT TO PRAISE YOU FOR THAT. I THINK THAT PROBABLY GOES TO COUNCIL, NOT TO US. I MEAN, AND I UNDERSTAND THAT IF YOU ARE THAT THERE IS A GRANDFATHER CLAUSE. SO IF YOU ALREADY HAVE A SHORT TERM RENTAL AND A RESIDENTIAL AREA, YOU CAN KEEP IT. I THINK THAT'S FAIR. WHAT I DON'T REALLY UNDERSTAND IS THIS IF YOU SELL YOUR HOUSE AND YOU HAVE A SHORT TERM RENTAL PERMIT, THAT IT CAN BE TRANSFERRED ON TO THE NEXT SELLER, I MEAN, TO THE NEXT BUYER. I DON'T REALLY UNDERSTAND THAT. I THINK THAT THE IDEA IS TO GET IT OUT OF THE RESIDENTIAL AREAS. SO I DON'T KNOW WHY WE SHOULD BE CONTINUING IT ON THERE. PROBABLY SOME LEGAL ASPECTS TO THAT, WHICH I CAN'T ADDRESS. SO AND IT IS LIMITED TIME FRAME TO THE WAS TO HELP ADDRESS ANY ARGUMENT ANY CURRENT OWNER MAY HAVE REGARDING A. IF I DON'T. IF I CAN'T CONTINUE THE USE, THEN IT MAY BURDEN MY EXISTING USE, MY VALUE, MY ALIENABILITY. SO FROM THAT ASPECT, WE WANTED TO HAVE SOMETHING THAT WILL HELP KIND OF ADDRESS THAT ARGUMENT. THAT WAS THE REASON.

WELL, I LIKE IT ALL EXCEPT FOR THAT PART. THAT'S ALL I HAVE TO SAY. THANK YOU SO MUCH. SO WE'RE 90% THERE FOR YOU. OKAY. ANYBODY ELSE IN THE AUDIENCE WISH TO ADDRESS THIS ITEM ON THE AGENDA? COME ON DOWN. THEN. RICHARD FITZPATRICK, REPRESENTING PROPERTY 1806

[01:20:08]

SO NOW I'M HEARING ABOUT IF I'M PERMITTED, I CAN BE GRANDFATHERED FUTURE GOING. IS THERE. IS THERE AN EXPECTATION OR MAYBE A PROBABILITY THAT PEOPLE WILL COME OUT OF THE WOODWORKS THEN AND THEN HAVE A MAD RUSH TO THEN PERMIT THEIR PROPERTIES? IS THERE. NO. IT'S GOT A FEEL FOR THAT. AND CAN, CAN CAN SOMEBODY DO THAT? IF IF THEY GET UNDER THE DEADLINE? AND ARE WE SAYING THE DEADLINE IS OCTOBER 20TH? THAT'S WHAT IT SOUNDS LIKE. AND I'VE ASKED THAT QUESTION. I DON'T HAVE AN ANSWER FOR YOU THOUGH. OH, OKAY. THAT'S ALL I GOT. AND I'M CERTAIN AS LONG AS YOU KEEP UP AND KEEP RENTING, THE CITY WILL TAKE YOUR CHECK. YEAH. YOU KNOW, IN THEORY THAT SOUNDS GOOD, BUT WHAT I WORRY ABOUT IS WILL THEY, YOU KNOW, WEAPONIZE THE PERMITTING PROCESS. AND WHAT I MEAN BY THAT IS, YOU KNOW, IF YOU'RE DOING EVERYTHING RIGHT, BUT IF THERE'S A DEMAND OR AN UPROAR TO OUTLAW THESE, YOU KNOW, AS A FRONT END AROUND, THEY USE THE THE PERMITTING PROCESS TO CLAMP DOWN ON THE SHORT TERM RENTAL PROCESS. I HAVEN'T HEARD ANYTHING ABOUT ANYTHING. WELL, I MEAN, YOU KNOW, I DON'T KNOW IF THEY WOULD NECESSARILY BROADCAST THAT OR NOT, BUT BUT HOPEFULLY EVERYONE ACTS IN GOOD FAITH SO THANK YOU. ALRIGHTY. ANYBODY ELSE CARE TO SPEAK ON THIS CASE? ALL RIGHT COMMISSIONERS COMMISSIONER MIRANDA AND THEN. YES, I GOT A QUICK QUESTION I GUESS FOR STAFF. AND I GUESS JUST TO CONFIRM. SO ESSENTIALLY WE'RE NOT WE'RE NOT COMPLETELY GETTING RID OF RIGHT SHORT TERM RENTALS. THEY CAN STILL BE ALLOWED IN LIGHT AND HEAVY DISTRICTS, MAINLY THE RESIDENTIAL AREAS. CORRECT. RIGHT. IT'S LIKE THEY WILL NOT BE ALLOWED BY. RIGHT. BUT JUST I'M JUST CURIOUS. SO LIKE, BUT LET'S SAY IF SOMEBODY DOES WANT TO, THEY WOULD HAVE TO GO THROUGH LIKE THE PROCESS, LIKE HOW WE SEE RIGHT NOW OF LIKE CHANGING OR SIMPLY NOT ALLOWED.

OKAY. THAT'S WHAT I WANTED TO CORRECT. COMMISSIONER LUCIDO. YES, I THINK JUST COMMENTS. I THINK THE DIRECTOR, AS THE DIRECTOR SAID AT THE BEGINNING OF THIS CONVERSATION, I THINK THIS IS ONE OF THOSE CASES WHERE TECHNOLOGY HAS OUTPACED THE DIGITAL HOSTING PLATFORMS, HAS OUTPACED OUR REGULATIONS AND ORDINANCES. SO I DO EXPRESS APPRECIATION TO CITY ATTORNEY ENGLUND AND TO STAFF. I THINK, FOR THE PROPOSAL OF THE AMENDMENT AND ALSO THE DUE DILIGENCE THAT THE STAFF HAS DONE TO BRING THAT TO THE COMMISSION. I DO FEEL IT'S THE RIGHT DIRECTION TO PRESERVE THE CHARACTER AND INTEGRITY OF GARLAND'S NEIGHBORHOODS, YOU KNOW, AND I THINK ANOTHER PIECE OF THAT IS JUST CONSIDERING THAT WE ARE A BUILT OUT CITY, WE DON'T HAVE THE LUXURY THAT SOME OTHER NEIGHBORING CITIES HAVE OF JUST ADDING MORE SINGLE FAMILY DEVELOPMENTS. NEIGHBORS ARE THE NEIGHBORHOODS ARE FOR RESIDENTS. AND SO I DO, I DO SUPPORT, I DO SUPPORT THIS PROPOSAL. COMMISSIONER DALTON, I SEE YOU WANT TO MAMAKE A MOTN.

COMMISSIONER DUCKWORTH, WANT TO CHIME IN? SHALL I LET HIM FIRST? YEAH. PARDON. COMMISSIONER DUCKWORTH, YOU DIDN'T CLICK THE MOTION BUTTON. OKAY, COMMISSIONER DUCKWORTH, YOU'RE

[01:25:06]

SO THAT'S WHAT WE'RE TRYING TO DO IS PROTECT OUR NEIGHBORHOODS, WHICH IS THAT'S WHY THEY'RE CALLED NEIGHBORHOODS. IF IF THEY WANT TO BE A SHORT TERM RENTAL, MAYBE WE SHOULD SOMEBODY SHOULD BUILD A SET OF HOUSES OUT HERE AND A HUNDRED HOMES AND SELL THEM A SHORT TERM RENTAL HOMES AND LET PEOPLE GET AFTER IT. SO THAT WOULD TAKE A DIFFERENT THAT'S A DIFFERENT WILD OUT YONDER TYPE DEAL. BUT I THINK THE IDEA IS TO GET THESE THINGS MORE UNDER CONTROL SO THAT OUR FINE PEOPLE OF THIS CITY DON'T HAVE TO DEAL WITH THE, THE PARTYING AND THE MIDDLE OF THE NIGHT RAIDS AND STUFF THAT GO ON. SO THANK YOU, MR. CHAIR. THANK YOU. ANYBODY CARE TO MAKE A MOTION? COMMISSIONER DALTON? AND JUST SAY, THERE WE GO. DID I BEAT HIM? YEAH. CLOSE. MAKE A MOTION TO CLOSE THE PUBLIC HEARING. FORWARD THIS TO COUNCIL WITH OUR RECOMMENDATION OF APPROVAL. OKAY. COMMISSIONER LUCIDO, I THINK BEFORE WE LET ME GET LET ME CONFIRM THE SECOND FIRST, AND THEN WE'LL GO INTO DISCUSSION. COMMISSIONER MIRANDA, IS THAT THE MOTION YOU WISH TO. SECOND? THAT IS CORRECT. I SECOND THE MOTION OF OUR APPROVAL TO CITY COUNCIL. SORRY. OF COURSE. I THINK BEFORE WE GO TO A VOTE, I'D LIKE TO MAKE A FRIENDLY AMENDMENT TO THE PROPOSAL. AND THAT IS THE SECTION I. AND THIS WAS THE POINT THAT YOU BROUGHT UP ABOUT THE ABILITY TO RESELL AND TRANSFER THAT ESSENTIALLY LAND USE. SO THAT ONE I DON'T LOVE, I THINK, YOU KNOW, IF THE INTENT IS TO KEEP SHORT TERM RENTALS OUT OF RESIDENTIAL AREAS, SINGLE FAMILY AND MULTIFAMILY RESIDENTIAL AREAS, THEN WHY WOULD WE ALLOW SENTIALLY A SINGLE FAMILY HOMEOWNER TO ADVERTISE AND SELL THEIR PROPERTY AS A COMMERCIAL BUSINESS? SO IF IF WE COULD, I WOULD PREFER TO TAKE OUT UNDER SECTION I TWO THROUGH SEVEN AND THEN PROPOSE THAT WE MOVE FORWARD WITH THE REST OF THE PROPOSAL. SO UNDER I EXISTING PERMITTED SDR, WE HAVE ONE WHICH IS JUST ADDRESSING THE CURRENT SHORT TERM RENTALS LAWFULLY OPERATING, AND THEN TWO THROUGH SEVEN IS WHERE IT'S REALLY TALKING ABOUT THAT 12 MONTH WINDOW FOR TRANSFERRING. SO THE PROPOSAL IS TO TAKE ALL OF THAT OUT. OKAY. SO YOU'RE TALKING ABOUT I TWO OKAY, I'LL ASK THE MAKER OF THE MOTION IF HE'S WILLING TO ACCEPT THAT OR IF WE TAKE A VOTE ON THIS SEPARATE AMENDMENT. OR IF THERE'S MORE DISCUSSION ABOUT. I'M SORRY, WHAT? OH, OKAY. DIDN'T WANT TO HEAR FROM YOU ANYHOW. I COULD YELL REALLY LOUD IF YOU WANT ME TO. I UNDERSTAND THE REASONING FOR THE WORDING, AND THAT IS, ONE OF THE CITIZENS THAT CAME FORWARD HAS SPENT AN APPRECIABLE AMOUNT OF MONEY GETTING A FACILITY IN A POSITION TO BE RENTED AS A SINGLE RENTAL, AND IF WE TAKE THIS AWAY, IT PREVENTS SOMEONE LIKE THEM FROM AT LEAST RECOVERING THE EXPENSES THEY HAVE PLACED INTO IT. SO I AT THIS POINT, I CAN'T SUPPORT THAT AMENDMENT. I'M SORRY, ARE YOU THINKING THAT EXISTING PEOPLE WOULD LOSE THEIR ABILITY TO RENT? OKAY, THE EXISTING PEOPLE MIGHT HAVE MORE MONEY INVESTED IN THE PROPERTY THAN THEY CAN SELL. IF IT CANNOT CONTINUE AS A RENTAL. RIGHT. I BELIEVE YOUR PROPOSAL IS TO

[01:30:06]

AND IF THAT FAILS, WE GO BACK TO THE ORIGINAL MOTION. HEY, WE'RE GETTING WE'RE GETTING A LAYER DEEP IN THE ROBERT'S RULES. SORRY. NO. YEAH. I WOULD JUST POINT OUT I I'M SORRY. LET ME GET YOU GOING THERE. ALRIGHTY. I THINK ONE THING TO POINT OUT TOO IS, IS LOOKING AT WHAT OTHER CITIES HAVE DONE. THERE'S NOT REALLY A PRECEDENT FOR ALLOWING THAT TRANSFER. IN FACT, MOST CITIES IT'S, YOU KNOW, THE THE PERMIT CAN'T TRANSFER AND THE LAND USE OR THE PROPERTY CAN'T TRANSFER AS WELL. BUT YES, I WOULD BE WILLING TO MAKE A MOTION. OKAY.

ALRIGHTY. I'M GOING TO CLEAR THE MOTIONS FOR NOW AND GO AHEAD AND HIT THE MOTION BUTTON.

OKAY. THERE'S A MOTION. TO. WE'RE GOING TO. WE HAVEN'T OFFICIALLY CLOSED THE PUBLIC HEARING YET. IT'S BEEN POINTED OUT TO ME. SO IF YOU YOU'VE ALREADY SPOKEN, RIGHT. WE USUALLY DON'T DO THIS, BUT WE'LL LET YOU HAVE ANOTHER SHOT. AND THEN CHAIR WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING AFTER THIS. SO THE GENTLEMAN WHO SPOKE BEFORE, WHO HAD PUT A LOT OF MONEY INTO HIS GARAGE, HAVE A SHORT TERM RENTAL. PLUS I WAS UNDER THE UNDERSTANDING THAT THE WHOLE PROPERTY HAD TO BE A SHORT TERM RENTAL. BUT YOU COULDN'T JUST DO A PART THAT IS NOT. BUT WHAT I WANT TO SAY IS, YES, I UNDERSTAND THAT HE'S INVESTED ALL OF THIS MONEY. HE ACTS LIKE HE WANTS TO STAY THERE AND CONTINUE THE REVENUE. BUT IF HE DID HAVE TO SELL, I MEAN, IT COULD BE A LONG TERM RENTAL. IT DOESN'T MEAN THAT HE CAN'T CAN'T HAVE THAT AND SELL THAT AS A RENTAL. IT WOULD JUST NOT BE A SHORT TERM RENTAL. HE COULD SELL IT LONG TERM IS A GRAY AREA IN THE LAW BECAUSE IT SAYS THE ENTIRE DWELLING UNIT MUST BE RENTED TO ONE BOOKING PARTY. NOW THAT GARAGE IS A SEPARATE BUILDING, AND THAT IS BEYOND MY LEGAL ABILITY TO DETERMINE IF THAT'S A DWELLING UNIT OR NOT. AND THAT'S SOMETHING THAT HAS TO BE FLESHED OUT. THE THE ORDINANCE IS SET UP TO ALLOW FOR CONTINUED USE OF CURRENT LEGAL RENTALS. SO IF HE'S LEGALLY RENTING IT RIGHT NOW, HE'LL BE ABLE TO LEGALLY RENT IT INTO THE FUTURE. REGARDLESS OF THE DEFINITION OF WHETHER AN ADU CAN BE RENTED SEPARATELY OR NOT IN THE FUTURE. AT THE TIME THAT THIS ORDINANCE GOES INTO EFFECT, SHOULD IT GO INTO EFFECT, ANY BODY WHO IS CURRENTLY LEGALLY RENTING A UNIT WITH A PERMIT WILL BE ABLE TO CONTINUE TO DO THAT. THANK YOU VERY MUCH FOR COMING DOWN. I'LL ASK FOR A MOTION TO CLOSE THE PUBLIC HEARING. I CLEARED THE MOTIONS AGAIN. SORRY. MOTION BY COMMISSIONER ABEL TO CLOSE THE PUBLIC HEARING AND COMMISSIONER MIRANDA SECOND. I SECOND THAT MOTION. OKAY. MOTION IS TO CLOSE THE PUBLIC HEARING. PLEASE VOTE. AND THAT PASSES

[01:35:05]

GO AHEAD. ALL RIGHT, COMMISSIONER LUCIDO, I MAKE A MOTION TO APPROVE THE AMENDMENT WITH ONE EXCEPTION. AND THAT IS TO EXCLUDE UNDER SECTION I ITEMS TWO THROUGH SEVEN, TWO THROUGH. SEVEN. ALL RIGHT. LET ME DOUBLE CHECK THAT ONE. OKAY. WE HAVE A MOTION TO APPROVE THIS AMENDMENT ZONING ORDINANCE WITH THE EXCEPTION OF SECTION I. TWO THROUGH SEVEN. IS THERE A SECOND ON THE MOTION? SECOND ON THE MOTION. SORRY. MOTION DIES FOR LACK OF A SECOND.

COMMISSIONER DALTON, IF YOU WANTED TO GO BACK TO YOUR. ALRIGHTY. COMMISSIONER DALTON, I RECOMMEND WE MOVE THIS TO CITY COUNCIL WITH OUR RECOMMENDATION FOR APPROVAL AS WRITTEN. AND SECOND BY COMMISSIONER MIRANDA. I SECOND THE MOTION TO APPROVE THIS AMENDMENT AS WRITTEN OVER TO CITY COUNCIL. ANY DISCUSSION ON THE MOTION? I'LL JUST SAY I'VE KNOWN BRIAN ENGLAND QUITE A WHILE, AND I KNOW HE WRITES THINGS WITH PURPOSE, AND THERE'S GOT TO BE SOME GOOD REASONING FOR THE SECTION HE PUT IN, AND I'M GOING TO TRUST HIM ON THIS ONE. DON'T TELL HIM I SAID THAT. OKAY. ALL RIGHT. OKAY. ATTORNEY CLIENT PRIVILEGE.

I, I WON'T SAY WHAT. ALRIGHTY. THANK YOU. ALRIGHTY. WE HAVE A MOTION AND A SECOND SEEING NO DISCUSSION, PLEASE VOTE. IT PASSES UNANIMOUSLY. THANK YOU. THAT WILL GO ON TO COUNCIL OCTOBER 20TH. ALRIGHTY. THAT WAS A LAST ITEM ON OUR AGENDA. IT IS 807. SO UNTIL OUR MEETING OF O

* This transcript was compiled from uncorrected Closed Captioning.