[1. Call to order.]
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GOOD EVENING. IT IS 7:00 AND TODAY'S DATE IS MARCH THE 31ST. I HEREBY CALL TO ORDER THE DUNCANVILLE PLANNING AND ZONING COMMISSION TIME, WE WILL ADDRESS ITEM NUMBER TWO ON THE AGENDA. I BELIEVE AT THE MOMENT WE DO NOT HAVE ANY PUBLIC COMMENT FORMS AND WE DO NOT. OKAY. OKAY. WITH THAT BEING SAID. BEFORE WE MOVE FORWARD, IS THERE ANYBODY THAT WOULD LIKE TO COMPLETE A PUBLIC COMMENT FORM? NOBODY IN THE AUDIENCE. OKAY. SO SEEING NONE,
[3. Approve minutes for the Planning and Zoning Commission regular meeting on March 10, 2025.]
WE WILL NOW MOVE ON TO ITEM NUMBER THREE. ITEM NUMBER THREE ON THE AGENDA ON THE AGENDA IS TO APPROVE THE MINUTES FOR THE PLANNING AND ZONING COMMISSION REGULAR MEETING THAT WAS HELD ON MARCH THE 10TH, 2025. I'LL ENTERTAIN A MOTION FOR APPROVING THE MINUTES. I MOVE TO APPROVE.THANK YOU. COMMISSIONER BROWNING, IS THERE A SECOND? SECOND? THANK YOU, COMMISSIONER O'BRIEN. ANY DISCUSSION? SEEING NO DISCUSSION, MADAM RECORDING SECRETARY, WILL YOU DO. OH, YES.
ROLL CALL. JARED DAVIS, YOLANDA. COLUMBUS. HOLD ON. PAUSE. I FORGOT TO DO THE ROLL CALL FOR ATTENDANCE, AND I STARTED THE MEETING. SO LET'S DO THE ROLL. ROLL? CORRECT THAT. DO THE ROLL CALL FOR ATTENDANCE TO ESTABLISH THE QUORUM. OKAY. AND THEN I WILL CONTINUE AND GO FROM THERE.
SO PLEASE DO ROLL CALL FOR ATTENDANCE. OKAY. JARED DAVIS, YOLANDA COLUMBUS HERE. ERICA BROWNING, PRESENT. ELIAS RODRIGUEZ HERE D BAILEY NGUYEN. HERE. BRENDA O'BRIEN. HERE.
STEPHANIE. CHAMPAGNE HERE. THANK YOU. THANK YOU. SEEING THAT WE DO HAVE A QUORUM NOW THAT WE CAN PROCEED WITH THE AGENDA. AND JUST IN ORDER TO BE COMPLETE, I WILL GO AHEAD AND REPEAT WHAT WAS ALREADY SAID. SO SEEING THAT THERE ARE NO PUBLIC COMMENTS FORMS, THERE WAS NO ONE IN THE AUDIENCE WHO WANTED TO SUBMIT ONE. WE'LL MOVE ON TO ITEM NUMBER THREE. ITEM NUMBER THREE IS TO APPROVE THE MINUTES FOR THE PLANNING AND ZONING COMMISSION REGULAR MEETING ON MARCH THE 10TH. I WILL ENTERTAIN A MOTION TO APPROVE THE MINUTES FROM THE PLANNING AND ZONING COMMISSION. MARCH 10TH MEETING. I MOVE TO APPROVE. THANK YOU, COMMISSIONER BROWNING. DO I HEAR A SECOND? I SECOND. THANK YOU, COMMISSIONER O'BRIEN. ARE THERE ANY DISCUSSION? SEEING NO DISCUSSION, MADAM RECORDING SECRETARY, WILL YOU PLEASE DO THE ROLL CALL FOR THE VOTE? YOLANDA. COLUMBUS. I, ERICA BROWNING, I ELIAS RODRIGUEZ, D BAILEY NGUYEN I BRENDA O'BRIEN.
I STEPHANIE CHAMPAGNE I MOTION PASSES. THANK YOU. MOTION PASSES FROM A VOTE OF 6 TO 0. NOW
[4. Conduct a public hearing (2024-20) for consideration and action regarding the request of John Dickey, applicant, for a Planned Development on CBD Hollywood Park Replat, Blk B Lot 3A ACS 0.8590, and Lot 2A, ACS 0.803, more commonly known as 914 and 918 East Highway 67, City of Duncanville, Dallas County, Texas.]
MOVING ON TO ITEM NUMBER FOUR. WE WILL NOW HAVE THE PRESENTATION. THANK BY THE STAFF. GOOD EVENING AND THANK YOU. THIS ITEM IS A CONTINUATION OF THE ITEM THAT WAS DISCUSSED AND PRESENTED ON MARCH 10TH. SO THAT SAID, I WOULD SEEK SOME GUIDANCE FROM OUR CITY ATTORNEY AS TO HOW TO PROCEED. WITH THIS PUBLIC HEARING ON MARCH 10TH. THE ITEM WAS TABLED BECAUSE THERE WAS SOME MY UNDERSTANDING THERE WAS A REQUEST FOR ADDITIONAL INFORMATION BEFORE YOU ABLE TO PROCEED WITH WITH A RECOMMENDATION ON THIS MATTER. IF THE ITEM IS ON THE AGENDA, WHICH IT IS, AND IT WAS RESET FOR TODAY AT THIS TIME AND PLACE, AND IT'S BEEN CALLED BY THE CHAIRPERSON, THEN THE PUBLIC HEARING IS OPEN AND YOU MAY DO YOUR PRESENTATION. OKAY. IS IT OKAY TO PROCEED? YES OKAY. THANK YOU. SO THE PRESENTATION THAT I HAVE HERE IS REALLY A BIT OF A REPEAT OF WHAT WAS PRESENTED AT THE LAST MEETING WITH SOME MINOR CHANGES TO THE SLIDES. BUT THIS EVENING, WHAT WE'RE LOOKING TO DO IS A CONTINUATION OF A PUBLIC HEARING FOR CASE 20 2420 FOR CONSIDERATION AND ACTION REGARDING THE REQUEST OF JOHN DICKEY. APPLICANTS THAT'S REPRESENTING THE PROPERTY OWNER FOR A PLANNED DEVELOPMENT ON CBD, HOLLYWOOD PARK REPLAT BLOCK FOUR, LOT THREE A ACRES, APPROXIMATELY 8.5 OR 0.8590 ACRES ON LOT TWO A WITH AN ACREAGE OF 0.8. ACRES COMMONLY KNOWN AS 914 AND 918. EAST HIGHWAY 67, IN THE CITY OF[00:05:08]
DUNCANVILLE, IN THE COUNTY OF DALLAS AND IN THE STATE OF TEXAS. SO WHAT WE HAVE BEFORE YOU IS AN APPLICATION FOR CONSIDERATION OF ALLOWING A ZONING CHANGE FOR A22 PROPOSED DEVELOPMENTS ON TWO OUTLOTS ON PROPERTY SITUATED ON HIGHWAY 67, THE FUTURE LAND USE DESIGNATION FOR THE COMPREHENSIVE PLAN FOR THESE SUBJECT PROPERTIES HAS A DESIGNATION OF RETAIL, COMMERCIAL AND THE CURRENT BASE ZONING FOR THE PROPERTY IS LAW, WHICH IS LOCAL OFFICE, RETAIL DISTRICT AND THE PROPOSED. THE PROPOSED ZONING DISTRICT IS PD OR PLAN DEVELOPMENT DISTRICT.HERE IN WHAT YOU WILL SEE ON THE MAP IS AN AERIAL OF THE LOCATION OF THE TWO SUBJECT PROPERTIES THAT ARE IDENTIFIED IN HERE IN THE RED. THESE PROPERTIES ARE ADJACENT TO THE FORMER LUBY'S RESTAURANT. AND THIS IS JUST ANOTHER VIEW OF THE SUBJECT PROPERTY AS IT RELATES TO THE SURROUNDING ZONING DESIGNATIONS. THE SCOPE OF THE PROJECT. THE SITE WILL FEATURE TWO STRUCTURES OF FINANCE A FINANCIAL INSTITUTION AND A RESTAURANT. USE. THESE ARE THE PROPOSED TENTATIVE END USERS FOR THESE TWO PARCELS. THE SITE AND CREW IMPROVEMENTS INCLUDE A PARKING LOT, LANDSCAPE AREAS, AND DRIVE THROUGH COMPONENTS FOR EACH USE. THE PROPOSED DEVELOPMENT COMPLIES WITH REQUIRED PARKING, REQUIRED LANDSCAPING PERCENTAGE, AND WILL COMPLY WITH THE CITY'S CURRENT SIGN REGULATIONS. THE APPLICANT PLANS TO REPLANT THE PROPERTIES TO ESTABLISH MUTUAL UTILITY AND ACCESS EASEMENTS. WE HAVE RECEIVED A COPY OF THE REPLAT, WHICH HAS BEEN WHICH IS CURRENTLY BEING REVIEWED, AND WE WILL PROVIDE COMMENTS TO THE APPLICANT HERE SHORTLY. THAT WILL BE COMING TO YOU FOR FORMAL CONSIDERATION AND APPROVAL AT SOME TIME IN THE NEAR FUTURE.
AND THIS IS JUST AN OVERALL SITE PLAN, JUST FOR REALLY ILLUSTRATIVE PURPOSES OF THE PROPOSED END USERS FOR THESE TWO, THESE TWO LOTS. AS MENTIONED, ONE OF THEM IS A FINANCIAL INSTITUTION, I.E. YOUR CREDIT UNION AND THE OTHER ONE HAS BEEN RESERVED FOR A RESTAURANT, WHICH AT THIS POINT THOSE DETAILS ARE STILL BEING WORKED OUT. THERE IS A CONTRACT TO PURCHASE FOR THE FINANCIAL INSTITUTION, AND THE DETAILS ON THE OTHER RESTAURANT USE AGAIN ARE STILL BEING WORKED OUT, BUT THESE ARE JUST LAYOUT OF THE PROPOSED A PROPOSED DEVELOPMENT FOR THOSE TWO SITES. AND AGAIN, THIS IS JUST FOR ILLUSTRATIVE PURPOSES OF JUST HOW THE TWO THE TWO LOTS WILL BE WILL BE DEVELOPED. SUBJECT TO CITY APPROVAL OF THE PLANNED DEVELOPMENT REQUEST. AND AGAIN, THIS IS JUST A LANDSCAPING PLAN FOR THE FINANCIAL INSTITUTION AND A LAYOUT OF THE DRIVE THROUGH FOR THE FINANCIAL INSTITUTION AND THE PROPOSED BUILDING ELEVATIONS FOR THE FINANCIAL INSTITUTION THAT ENDS UP BEING ONE OF THE END USERS.
AND HERE WE'VE PROVIDED JUST AGAIN FOR CONTEXT, THE FLOOR PLAN FOR THIS FINANCIAL INSTITUTION. THE PURPOSE FOR THE REQUEST, THE APPLICANT INTENDS TO DEVELOP A FINANCIAL INSTITUTION, AS MENTIONED, AND A RESTAURANT USE FOR THESE TWO PROPERTIES. ACCORDING IF YOU WENT OFF OF THE STRAIGHT LETTER OF THE ZONING ORDINANCE FOR AN ALLOY, A USE THAT HAS A DRIVE THROUGH FACILITY, WHETHER IT'S FOR A PURPOSE OF A FINANCIAL INSTITUTION OR A RESTAURANT, REQUIRES APPROVAL OF A SPECIFIC USE PERMIT. AND ALSO, IF YOU WANT STRAIGHT OFF OF THE ORDINANCE, IT ALSO REQUIRES A MINIMUM A MINIMUM OF 15 FOOT LANDSCAPE BUFFER. ON PAGE TWO OF YOUR STAFF REPORT, YOU HAVE A LIST OF ALL THE ZONING RELIEFS THAT ARE NECESSARY IF YOU WANT STRAIGHT BY THE LETTER OF THE ZONING ORDINANCE. IN THIS INSTANCE, THERE ARE A TOTAL OF FOUR THAT INVOLVE THE SPECIFIC USE PERMIT. THE LANDSCAPING REQUIREMENTS, AND THE BUILDING ARTICULATION AND OR DESIGN THAT MAKE UP A TOTAL OF FOUR RELIEFS. IF YOU WENT OFF OF THE STRAIGHT ZONING ORDINANCE THAT THEY WOULD HAVE TO COME BEFORE THE CITY EITHER EITHER THROUGH THE PLANNING AND ZONING COMMISSION AND OR THE ZONING BOARD OF ADJUSTMENTS TO GET THE NECESSARY APPROVALS TO PROCEED WITH THE PROJECT AS PROPOSED. IN THIS INSTANCE, WE FOUND IT. WE FOUND THAT THE PLANNED DEVELOPMENT WAS THE BEST USE ONLY BECAUSE IT PROVIDED EFFICIENCIES, AND IT PROVIDED AN OPPORTUNITY FOR THE APPLICANT TO PRESENT ONE PETITION BEFORE THE PLANNING AND
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ZONING COMMISSION, AND THEN SHORTLY THEREAFTER HAVE A PRESENTATION TO THE CITY COUNCIL FOR FORMAL CONSIDERATION, AS OPPOSED TO PUTTING THE APPLICANT IN A POSITION WHERE THE APPLICANT NEEDED TO COME BEFORE THE PLANNING AND ZONING FOR THE SPECIFIC USE PERMIT, AND THEN FOR THE OTHER ZONING VARIANCES TO THE ZONING BOARD OF ADJUSTMENTS, AND THEN TO THE CITY COUNCIL. SO ULTIMATELY, THE PROPERTY, THE PROJECTS AS PROPOSED WOULD WOULD NECESSITATE A TOTAL OF THREE THREE PUBLIC HEARINGS, ONE AT THE PLANNING AND ZONING COMMISSION, ONE AT THE ZONING BOARD OF ADJUSTMENTS, AND THEN THE FINAL ONE AT THE CITY COUNCIL. BUT ONE THING TO KEEP IN MIND IS THAT WITH THE ZONING BOARD OF ADJUSTMENTS, THE PRESENTATION STARTS THERE AND ENDS THERE. BUT AS IT RELATES TO THE SPECIFIC USE PERMIT, IT STARTS WITH THE PLANNING AND ZONING COMMISSION AND ENDS WITH CITY COUNCIL. SO WE THOUGHT IT WAS BEST TO BRING THE PROJECT FORWARD AS A PLANNED DEVELOPMENT. IN THIS INSTANCE, UNLIKE OTHER INSTANCES, WE HAVE A GOOD SENSE OF THE END USERS, AND WITHIN SHORT TIME, IF APPROVED, YOU WILL SEE CONSTRUCTION ACTIVITY AT BOTH SITES. THIS ISN'T A SITUATION WHERE WE'RE LOOKING AT PROVIDING CERTAIN RELIEF OR CERTAIN ACCOMMODATIONS FROM THE BASE ZONING, AND THEN LEFT TO WONDER AS TO WHAT'S GOING TO BE, WHAT'S GOING TO BE THE ULTIMATE FATE OF THESE PROPERTIES. WE HAVE ONE ONE END USER THAT'S READY TO GO AND ANOTHER ONE POTENTIALLY HERE THAT WILL BE IN A POSITION TO APPLY FOR A PERMIT SHORTLY THEREAFTER. PLAN DEVELOPMENT APPROVAL AND APPROVAL OF THE OF THE REPLAT. SO IT IS SAFE TO SAY THAT YOU CAN SEE CONSTRUCTION ACTIVITY BEGIN WITHIN THE NEXT THREE MONTHS, IF NOT LESS, ON BOTH LOTS. AND THESE LOTS HAVE BEEN VACANT FOR QUITE SOME TIME, AND THE PROPERTY OWNER HAS BEEN WORKING WITH STAFF FOR OVER A YEAR ON GETTING THESE PROPERTIES ENTITLED AND GETTING THEM UNDER CONSTRUCTION. SO YOUR CONSIDERATION OF THE USE OF THE PLANNED DEVELOPMENT TOOL IS GREATLY APPRECIATED. TO KEEP THIS PROJECT ON TRACK AND MOVING FORWARD SO WE CAN GET THESE PROPERTIES INTO PRODUCTIVE USE AND START GENERATING REVENUE FOR THE CITY AS WELL AS FOR THE PROPERTY OWNER. THANK YOU. JUST A HIGH LEVEL OVERVIEW. YOU KNOW, WE THERE WERE A TOTAL OF TEN NOTICES THAT WERE SENT OUT. WE RECEIVED ZERO THAT REPLIED IN FAVOR AND ZERO IN OPPOSITION. WHAT WE HAVE HERE IS THE TENTATIVE APPROVAL SCHEDULE OF APRIL 1ST. THIS MATTER IS NOT ON TOMORROW'S. COUNCIL AGENDA. AND IT'S NOT BECAUSE AT THE LAST MEETING, AT THE REQUEST OF THE PLANNING AND ZONING COMMISSION, YOU ASKED FOR THIS ITEM TO BE TABLED AND HENCE WHY WE'RE HAVING THE SPECIAL MEETING THIS EVENING TO KEEP THIS PROJECT MOVING ALONG. AND THEN, DEPENDING ON THE OUTCOME, WE WILL THEN SCHEDULE A PUBLIC HEARING IN FRONT OF THE CITY COUNCIL AT THE FIRST AVAILABLE OPPORTUNITY. THANK YOU. THANK YOU. COMMISSIONERS, ARE THERE ANY QUESTIONS FOR STAFF? I HAVE A QUESTION. UNFORTUNATELY, I WASN'T HERE WHEN IT WAS ORIGINALLY PRESENTED. THIS SORT OF COMPILATION OF THE THREE OR THE FOUR ITEMS THAT YOU WERE SAYING, SUCH THAT THEY WOULDN'T HAVE TO CONTINUALLY COME BACK AND BE SEEN AGAIN. IS THAT SETTING SOME TYPE OF PRECEDENT, OR IS THAT SOMETHING THAT'S NORMALLY BEEN DONE PREVIOUSLY? THAT'S NOT THAT'S NOT UNCOMMON. I DON'T THINK IT NECESSARILY SET A PRECEDENT. IF ANYTHING, IT WOULD HELP. IT WOULD HELP ENCOURAGE THE DEVELOPMENT, THE DEVELOPMENT OF THESE PARCELS. I WOULD HOPE THAT MOVING FORWARD, WHEN WE HAVE THE ADOPTION OF THE COMPREHENSIVE PLAN, THAT WE CAN ALSO LOOK AT THE LAND USE REGULATIONS AND MAKE MAKE THE NECESSARY ADJUSTMENTS TO THE LAND USE REGULATIONS, OR I.E, THE ZONING ORDINANCE, TO MAKE SURE THAT THE REGULATIONS ARE IN LINE WITH THE VISION, THE 20 YEAR VISION OF THE COMPREHENSIVE PLAN. AND THAT AS WE LOOK AT THAT, THAT WE LOOK AT OPPORTUNITIES TO ENCOURAGE AND PROMOTE INVESTMENT IN THE COMMUNITY AND NOT HAVE SOME OF THESE PROJECTS BOGGED DOWN BY THE LONG ENTITLEMENT PROCESSES OR SERIES OF PUBLIC HEARINGS THAT WE ULTIMATELY GIVE PROPERTY OWNERS AND DEVELOPERS MORE RIGHTS, SO LONG AS WE HAVE CERTAIN PROVISIONS WITHIN THE CODE THAT THEY HAVE TO FOLLOW. AS PART OF WHAT I WOULD RECOMMEND AS USE USE STANDARDS.ALONG THOSE LINES. IF I MAY. IT'S BEEN IN PROCESS FOR OVER A YEAR, AND THIS ISN'T THE FIRST TIME THAT WE'VE BEEN ASKED TO FOREGO WHAT THE ORDINANCE ACTUALLY SAYS, THAT THE ZONING ORDINANCE AND TO ESTABLISH SOMETHING DIFFERENT, SUCH AS A PLANNED DEVELOPMENT INSTEAD OF AN SP, AND IT SEEMS LIKE THEY'RE ONLY SKIPPING ONE SECTION. YOU KNOW, THE ZONING BOARD OF
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ADJUSTMENTS. AND I'M MY CONCERN IS THEY GO THROUGH THE WHOLE PROCESS. AND THEN WHEN IT WHEN IT GETS TO THE END WHERE THEY'RE SUPPOSED TO GET APPROVAL, WE WANT TO FAST TRACK IT. AND THAT'S NOT WHAT OUR ORDINANCES ARE SET UP TO DO. WE'RE SUPPOSED TO WE HAVE PROCESSES FOR A REASON. AND SO I THINK I'M JUST A LITTLE BIT CONCERNED ABOUT TRYING TO FAST TRACK NOT JUST THIS, BUT THE YOU KNOW, THERE ARE OTHER THINGS AS WELL. SO YEAH, NO GOOD COMMENT. I JUST WANT TO CLARIFY THAT WHAT WE'RE LOOKING TO DO IS NOT NECESSARILY AND FORGIVE ME IF I, IF I CAME OFF AS FAST TRACKING. WHAT WE'RE TRYING TO ULTIMATELY DO IS STREAMLINE THE ENTITLEMENT PROCESS AND NOT PUT THE APPLICATION ON THESE PROJECTS IN A SITUATION WHERE THEY HAVE TO COME BEFORE THREE DIFFERENT BODIES TO OBTAIN A DIFFERENT SET OF APPROVALS, AND THEN HAVE THE APPLICANT AT THE MERCY OF AS AS IS THE EXAMPLE OF THE ZONING BOARD OF ADJUSTMENTS AT THE MERCY OF WHETHER OR NOT THEY WILL APPROVE OR DENY BECAUSE THEY ARE THE FIRST AND LAST STOP, IF YOU WILL. THERE IS AN APPEAL PROCESS, BUT THAT APPEAL PROCESS DOES NOT INVOLVE IS NOT AT THE CITY COUNCIL LEVEL. IT'S AT THE COURT LEVEL. SO THIS WAS A BETTER WAY OF MANAGING THE PROJECT. I DON'T DISAGREE WITH THE POINT THAT YOU MADE ABOUT PROVIDING RELIEF. IN MY OPINION, I THINK WHAT IT WHAT IT PRESENTS IS AN OPPORTUNITY FOR US TO TAKE ANOTHER LOOK AT THE ZONING ORDINANCE AND UNDERSTAND WHAT WORKS AND WHAT DOESN'T WORK TO, AGAIN, ENCOURAGE QUICK APPROVAL, APPROVAL OF PROJECTS, SO LONG AS THEY ARE WITHIN A CERTAIN STANDARD OR THRESHOLD. SO IN THE COMMUNITIES THAT I'VE WORKED WITH IN THE PAST, COMMUNITIES HAVE ENTERTAINED ALLOWING DRIVE THRUS SO LONG AS THEY MEET WHAT WHAT IS REFERRED TO AS USE STANDARDS. SO FOR EXAMPLE, IN A PURPOSE OF A IN AN EXAMPLE OF A RESTAURANT, IN ORDER TO BE ABLE TO BUILD A PROJECT BY RIGHTS AND NOT REQUIRE A SPECIFIC USE PERMIT, THE APPLICANT NEEDS TO PROVIDE A BAILOUT LANE OR AN EXIT LANE, AND THERE NEEDS TO BE CERTAIN STACKING REQUIREMENTS. AND SO THERE WOULD BE ALL THESE PROVISIONS THAT WOULD BE ASSOCIATED WITH THAT USE. AND SO LONG AS THE APPLICANT IS ABLE TO ADHERE TO THAT USE, IT'S NOT A SITUATION WHERE IT WOULD IN ENCOUNTER OR INVOLVE APPROVAL OF THE PLANNING AND ZONING, CITY COUNCIL OR ANY OTHER BOARD, BECAUSE THOSE RIGHTS ARE SPECIFICALLY LAID OUT IN THE ZONING ORDINANCE, SO THAT THIS IS A PERFECT EXAMPLE OF MOVING FORWARD, WE MIGHT WANT TO CONSIDER PUTTING PROVISIONS IN THERE TO ENCOURAGE THAT KIND OF INVESTMENT AND JUST QUICKER APPROVAL, IF YOU WILL. BUT AGAIN, LAYING OUT VERY SPECIFIC PARAMETERS THAT MUST BE MET BY THE APPLICANT'S. I'VE GOT A CONCERN. SO IF MOVING FORWARD WITH THIS PLANNED DEVELOPMENT REQUEST, THEN WE'RE ALLOWING THE APPLICANT BY RIGHT TO DO ALL THESE THINGS THAT TYPICALLY WOULD GO TO AN SUP FOR ADJUSTMENTS ONTO TO WHAT HE'S REQUESTING. SO, YOU KNOW, THAT'S SOMETHING THAT WE DIDN'T HAVE A LOT OF INFORMATION ON THE LAST ONE. AND IT'S STILL A CONCERN NOW AS TO WHAT ACTION WE'RE TAKING IN ORDER TO MOVE FORWARD WITH THE APPLICANT. I UNDERSTAND HE'S BEEN WORKING FOR A YEAR AND IT'S BEEN A LOT OF COMMUNICATION BACK AND FORTH. AND BUT, YOU KNOW, LOOKING AT OUR CONCEPT, COMPREHENSIVE PLAN AND MAKING ALL THESE ADJUSTMENTS, YOU KNOW, I'M JUST CURIOUS AS IS STAFF MOVING RECOMMENDING THAT BECAUSE OF THE TIME THAT WE'VE TAKEN AS A JURISDICTION TO PROVIDE THAT SERVICE TO THE CLIENT, OR IS IT BECAUSE HE'S ASKING FOR QUITE A BIT. IT DOESN'T LOOK LIKE IT, BUT I'M LOOKING AT FOUR DIFFERENT ITEMS HERE THAT WE'RE. AND YOU'RE MAKING AN ADJUSTMENT BY. RIGHT. IF WE APPROVE THIS.SO ONCE THAT BUSINESS IS GONE THEN THE DRIVE DRIVE THROUGH IS GOING TO STAY IN PLACE BY.
RIGHT. SO ANYBODY CAN MOVE IN THERE. AND WHAT DO WE HAVE. YEAH. SO LET ME JUST TAKE THEM ONE AT A TIME. SO THE DRIVE THROUGH THE DRIVE WELL LET ME GO BACK. THE SPECIFIC USE PERMIT IS ONLY TRIGGERED BY THE DRIVE THROUGH. SO IF WE HAD A SITUATION WHERE THE RESTAURANT ESTABLISHMENT OR THE FINANCIAL INSTITUTION DID NOT REQUIRE, AS PART OF THEIR OPERATION, A DRIVE THROUGH, THEY WOULD BE PERMITTED BY RIGHT. THESE USES ARE PERMITTED BY, YOU KNOW, BY RIGHT. SO THE ONLY REASON THAT THEY'RE COMING BEFORE YOU IS BECAUSE OF THEIR DRIVE THROUGH COMPONENT TO THEIR BUSINESS, TO THEIR BUSINESS PLAN. LIKE I SAID, IF THEY DIDN'T HAVE IT, THEY WOULD BE THERE. THE USES ARE AN OUTRIGHT PERMITTED USE IN THE IN THE LAW ZONING
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DESIGNATION WITH AN SUP. WELL, NO. NO, THE USE IS PERMITTED BY RIGHT. WHAT TRIGGERS THE SUP IS THE DRIVE THROUGH PART. SO IF YOU HAVE AN ESTABLISHMENT THAT DOES NOT HAVE A DRIVE THROUGH, AND LET'S JUST SAY THE RESTAURANT IS JUST DINE IN, CARRY OUT, THERE'S NO SUP REQUIRED. IT'S THE DRIVE THROUGH THAT TRIGGERS THAT TRIGGERS THE SUP, NOT THE USE A FINANCIAL INSTITUTION OR THE RESTAURANT. SO THAT'S JUST TO CLARIFY THAT PORTION. AS FAR AS THE LANDSCAPING IS CONCERNED, THE REASON THAT THE LANDSCAPING IS IN FRONT OF YOU IS BECAUSE NOT SO MUCH BECAUSE THE APPLICANT DOESN'T WANT TO ABIDE, BUT THERE ARE ADJUSTMENTS THAT WERE MADE TO THE SITE DEVELOPMENT PLAN IN RESPONSE TO THE CITY CITY TEAM'S COMMENTS, FIRE LANES, ETC. AND SO BY ABIDING TO THOSE REQUESTS THAT HAD AN IMPACT ON THEIR LANDSCAPING REQUIREMENT, THIS IS THIS IS A SITUATION WHERE THEY WANT TO DISREGARD OR NOT WANT TO PROVIDE, THAT THIS IS A SITUATION WHERE THEY'RE UNABLE TO PROVIDE AS MUCH AS IS REQUIRED BY THE ORDINANCE, BECAUSE VARIOUS DEPARTMENTS HAVE ASKED THEM TO MAKE MODIFICATIONS TO THEIR PLANS, THAT NOW PUT THEM IN A SITUATION WHERE THEY HAVE LESS REAL ESTATE TO WORK WITH TO ACCOMMODATE THAT LANDSCAPING. SO IF ANYTHING, AS IT RELATES TO LANDSCAPING THAT IS BEING REDUCED IN ORDER TO MEET THE COMMENTS RAISED BY VARIOUS STAFF. AND THEN THERE'S THE OTHER ONE REGARDING THE BUSINESS, EXCUSE ME, THE BUILDING ARTICULATION, THAT'S NOT UNCOMMON. WE HAVE END USERS THAT HAVE A CERTAIN BUILDING DESIGN BUILDING, AND IT'S THEIR BRAND. IT'S THEIR IDENTITY BY HOW HOW A HOW A BUILDING IS LAID OUT. AND SO WHAT THEY'RE TRYING TO DO HERE IS JUST HAVE THEIR END USERS LIVE UP TO THEIR CORPORATE BRANDING. AND IT'S SUCH THAT THE ORDINANCE, IF YOU WANT, STRICTLY BY THE LETTER OF THE CODE, MAYBE MAY HAVE THEY MAY HAVE TO COMPROMISE TO, TO THAT BRAND AND THAT IDENTITY OF WHO THEY ARE. BUT THAT'S IT. BUT ONE THING THAT I WILL SAY IS THAT THE PLAN DEVELOPMENT PROVIDES THAT FLEXIBILITY, THAT THE STRAIGHT LETTER OF THE ZONING WOULDN'T, SO LONG AS THE PLANNING AND ZONING COMMISSION CAN COME TO THE DETERMINATION THAT THE OVERALL PROJECT IS IN THE BENEFIT OF THE COMMUNITY AND THE ADJACENT PROPERTIES, AND THAT IT WILL NOT HAVE AN ADVERSE IMPACT TO ANY RESIDENTS, ANY PROPERTIES, ANYTHING. SO THAT'S IN PART THE NICE THING ABOUT USING THE PLAN DEVELOPMENT TOOL, BUT MY HOPE IS THAT MOVING FORWARD, IF WE HAVE AN OPPORTUNITY TO REWRITE THE ZONING ORDINANCE, THAT WE WILL BE IN A SITUATION WHERE WE USE LESS, THE PLANNING THE PLAN DEVELOPMENT TOOL AND USE MORE OF THE ZONING TOOL AND HAVE THE HAVE LESS OF THESE KIND OF REQUESTS. ALL RIGHT. GO AHEAD. I HAVE A COUPLE OF QUESTIONS. FIRST QUESTION IS REGARDING THE AVOIDING OF SENDING THIS TO THE BOARD OF ADJUSTMENTS BASED ON WHAT YOU SHARED. IT SOUNDS LIKE THAT IT COULD SET A PRECEDENCE FOR AVOIDING THE POSSIBILITY OF COURT APPEAL, MEANING PRESENTED BEFORE PLANNING AND ZONING. IF PLANNING AND ZONING DENIES IT, THEN IT'S A CITY COUNCIL APPEAL BECAUSE WE AVOIDED THE BOARDING OF A WELL. WELL, JUST TO BE CLARIFY, WE'RE NOT NECESSARILY LOOKING BY DOING THIS AS AVOIDING PER SE. WE CAN STILL FOLLOW THAT, THAT PROCESS. THIS WAS DETERMINED AS A MORE EFFICIENT WAY OF HANDLING THESE THESE TWO OUTLOTS BECAUSE IN A COLLECTIVE MANNER AND PRESENTING THEM AS A PROJECT, WE CAN STILL GO THROUGH THAT THAT ROUTE OF GOING THROUGH THE ZONING BOARD OF APPEALS, EXCUSE ME, OF ADJUSTMENTS THROUGH THAT. BUT WHAT WE'RE TRYING TO DO BY GOING IN THIS DIRECTION IS HAVING THE APPLICANT, I.E. PROPERTY OWNER, APPLY ON BEHALF OF THE END USERS AND NOT HAVE THE END USERS APPLY SPECIFICALLY FOR THEIR OWN REQUEST FOR THEIR OWN PROJECT.SO NOW YOU HAVE A SITUATION WHERE YOU HAVE ONE APPLICATION AS OPPOSED TO TWO APPLICATIONS BY EACH END USER. END USERS GOING THROUGH THAT SAME PROCESS. SO THAT GIVES ME A LITTLE MORE CLARIFICATION. SO CORRECT ME IF I'M WRONG. SO IN THIS PROCESS THE CURRENT PROPERTY OWNER IS GOING THROUGH IT SO THAT HE, WHEN HE SELLS THE PROPERTY TO THE FINANCIAL INSTITUTION IN THE RESTAURANT, THAT THE ZONING IS ALREADY IN PLACE. IS THAT CORRECT, THAT THE DEVELOPMENT RIGHTS ARE ALREADY IN PLACE, WHETHER THEY LOOK TO OPT TO SELL AND OR LEASE, WHATEVER THE BUSINESS TERMS ARE, THAT'S THOSE ARE THE BUSINESS TERMS BETWEEN THE END USER AND THE PROPERTY OWNER. BUT IN THIS INSTANCE, WHAT WHAT WE'RE TRYING TO DO IS PUT PUT THE PROPERTY OWNER AND THE DEVELOPMENT OF THESE SITES IN A SITUATION WHERE THE USES HAVE GONE THROUGH THE NECESSARY
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APPROVAL PROCESS. SO THEN WE CAN SECURE, SECURE THE CONSTRUCTION OF THE TWO PARCELS IN A QUICK IN A QUICK MANNER. SO THAT BRINGS UP A SECOND CONCERN. SO BEING THAT THE RESTAURANT CURRENTLY DOESN'T HAVE A CONTRACT. SO THERE'S NOT. SO AS FAR AS THE BUILDING BUILDING ARTICULATION, THERE'S NOT AN UNDERSTANDING OF THAT BRAND OF WHAT THE HEIGHTS OF THE BUILDING WOULD BE OR ANY OF THAT INFORMATION. AND SO IF WE APPROVE THIS, WHERE THAT THIS SECTION OF THE ZONING DOES NOT APPLY, THEN THE PERSON WHO PURCHASES THAT COULD CREATE A BOX AND THEY WOULD BE IN COMPLIANCE BECAUSE WE REMOVED THE BUILDING ARTICULATION. THAT'S A CONCERN. IT DOESN'T NECESSARILY PROVIDE THE END USER WITH FREE REIN. THERE ARE SPECIFIC PARAMETERS THAT THEY HAVE TO FOLLOW. NOW, IN THIS INSTANCE, WE HAVE HAD AN OPPORTUNITY TO REVIEW PRELIMINARY BUILDING ELEVATIONS FOR THE END USER. I DON'T THINK I'M IN A POSITION TO SHARE WITH YOU WHO THE END USER IS. IF THE APPLICANT WANTS TO SHARE WITH YOU WHO THAT IS, THAT'S THAT'S QUITE ALL RIGHT. BUT BASED ON WHAT I'VE SEEN IT, I WOULDN'T BE CONCERNED ABOUT HAVING A BUILDING OR AN END PRODUCT THAT ISN'T ARCHITECTURALLY PLEASING AND ATTRACTIVE. SO. CORRECT.CORRECT ME, MAYBE I MISUNDERSTOOD THE EARLIER PART OF THE PRESENTATION. I THOUGHT WE HAD AN END USER IDENTIFIED AS A FINANCIAL INSTITUTION, BUT THE END USER AS THE RESTAURANT HAD YET TO BE IDENTIFIED. IS THAT INCORRECT? THOSE. WELL, THERE ARE TWO END USERS. THERE'S TWO LOTS. ONE WE HAVE THOSE PLANS HAVE BEEN ALREADY FIRMED UP. AND I SHARED WITH YOU IN IN MY PRESENTATION. LET ME GO BACK IF YOU WILL. THAT'S THE FINANCIAL INSTITUTION WHICH IS THE CREDIT UNION. THOSE NEGOTIATIONS HAVE BEEN LOCKED DOWN IF YOU WILL. AND THAT IS A SITUATION WHERE THE END USER IS PURCHASING THE REAL ESTATE. AS FAR AS THE SECOND USER, THE SECOND LOT, THERE HAVE BEEN ONGOING NEGOTIATIONS AND I DON'T KNOW HOW FAR ALONG THE OWNER AND THE END USER ARE IN THEIR NEGOTIATIONS. AND IF WE'RE AT A LIBERTY TO DISCLOSE WHO THAT END USER IS, I HAVE BEEN I'VE SEEN PRELIMINARY PLANS OF THE END USER, BUT I DON'T KNOW THAT I'M IN A POSITION YET TO JUST SHARE THAT WITH YOU. IF THE PROPERTY OWNER IS COMFORTABLE SHARING THAT WITH YOU, I'M OKAY WITH THAT, BUT I JUST I KNOW THAT IT'S A RESTAURANT ESTABLISHMENT.
OKAY, NOW TO MY SECOND QUESTION. EARLIER ON IN YOUR PRESENTATION, I BELIEVE YOU SAID THAT THE PROJECT WAS ABIDING BY THE SCOPE OF THE LANDSCAPE REQUIREMENTS. IT WAS A BULLETED ITEM. COULD YOU GO BACK A FEW SLIDES? AND SO I'M CURIOUS AS TO. OH, IT SAYS BLANK LANDSCAPE PERCENTAGES. SO THERE IS A REQUEST FOR A LANDSCAPE TO BE REDUCED FROM 20% TO 15%. SO THE LANDSCAPE LANDSCAPE PERCENTAGE THAT YOU'RE REFERRING TO, WHAT IS THAT. THERE ARE TWO. ONE IS ONE IS A WIDTH OF LANDSCAPING FROM A MEMORY SERVES FROM 15 TO 5. AND THEN THERE'S A PERCENTAGE OF LANDSCAPING. NOW THE ZONING ORDINANCE PROVIDES STAFF WITH THE AUTHORITY TO DEVIATE FROM FROM THE LANDSCAPING REQUIREMENTS IF THEY'RE UNDER CERTAIN PROVISIONS, IF THERE IS A NEED TO REPLACE CERTAIN SPECIES, IF CERTAIN THERE'S CERTAIN HARDSHIPS THAT THE STAFF CAN IDENTIFY AS LEGITIMATE HARDSHIPS. BUT IN THIS INSTANCE, SINCE WE WERE GOING THROUGH THE PROCESS, WE JUST THOUGHT IT WOULD BE BETTER TO CALL THOSE OUT AS PART OF THE APPROVAL. AND AGAIN, THE LANDSCAPING IS BEING REDUCED, NOT BECAUSE THE APPLICANT DOESN'T WANT TO ADHERE TO THE CODE. IT'S REALLY IN RESPONSE TO THE COMMENTS THAT WERE RAISED BY THE FIRE DEPARTMENT AND IF MEMORY SERVES ME CORRECTLY, ALSO, THE PUBLIC WORKS DEPARTMENT. SO I'M SORRY.
GO AHEAD. YOU'RE NOT COMPLETE. IF YOU'RE NOT COMPLETE, PLEASE CONTINUE. NO, I'M JUST SAYING IF AGAIN, THIS ISN'T A SITUATION WHERE THEY DON'T WANT THEY MADE MODIFICATIONS TO THE SITE PLAN AS A RESULT OF THOSE COMMENTS FROM THE VARIOUS DEPARTMENTS. SO IF IT WASN'T FOR THAT, YOU WOULD PROBABLY HAVE BEFORE YOU A SITUATION WHERE THE LANDSCAPING RELIEF WOULD NOT BE REQUESTED BECAUSE THEY WOULD BE ABLE TO MEET IT, BUT THE ADJUSTMENTS ARE BEING MADE TO THE PLAN. IN RESPONSE TO STAFF'S COMMENTS. SO ON THIS SLIDE, WHEN IT SAYS THE PROPOSED THE PROPOSED DEVELOPMENT COMPLIES WITH REQUIRED LANDSCAPE PERCENTAGES. YEAH I APOLOGIZE. THAT'S A THAT'S AN ERROR. THANK YOU. I HAVE A COUPLE OF QUESTIONS. IF. JUST BELOW THAT ON PAGE TWO WHERE IT'S TALKING ABOUT THE DIFFERENT BULLET POINTS, THE DRIVE THROUGH LANDSCAPE HEIGHT
[00:30:06]
AND DEPTH. AND THEN NUMBER FIVE, IT SAYS NUMBER FIVE AND SIX. THEY'RE REQUESTING THAT IT BE FILED AND APPROVED ADMINISTRATIVELY. THE DEVELOPMENT PLAN AND THE LANDSCAPE PLAN. IS THAT WHAT YOU WERE REFERRING TO AS EARLIER AS NOT HAVING TO GO THROUGH THE BOARD OF ZONING, BOARD OF ADJUSTMENTS? YEAH. SO THAT IS A GOOD QUESTION. THAT IS SOMETHING THAT I SEE CLARIFICATION FROM THE APPLICANT BEFORE THE COMMENCEMENT OF THIS MEETING.AND THAT WAS AN AREA THERE WAS AN UNDERSTANDING FROM THE APPLICANT THAT THIS REQUIRED TO COME BACK, TO COME TO THE PLANNING AND ZONING COMMISSION FOR APPROVAL. AND I SHARED WITH THE APPLICANT THAT THAT'S NOT THE CASE. I HAD AN OPPORTUNITY TO REVIEW THE ZONING ORDINANCES, AND IT'S NOT IN THERE, AS YOU WILL SEE, BULLET POINTS FIVE AND SIX DO NOT HAVE A CHAPTER AND VERSE REFERENCE AS THE FIRST FOUR DO. SORRY THAT I'M MORE CONFUSED NOW. SO THERE WAS A CONFUSION ON THE APPLICANT. THE APPLICANT WAS UNDER THE IMPRESSION THAT THE LANDSCAPE AND THE SITE PLAN REQUIRED THROUGH OUR ORDINANCE, TO COME BACK TO THE PLANNING AND ZONING COMMISSION AND CITY BODIES FOR APPROVAL. AND THAT IS NOT THAT IS NOT THE CASE. SO LONG AS THE PLANS ARE ADHERING TO THE APPLICABLE RULES AND REGULATIONS, THERE IS NO NEED FOR THAT TO COME BACK TO ANY BODY BOARDS OR COMMISSIONS FOR APPROVAL. SO THAT IS NUMBER FIVE. AND SIX IS AN ERROR. OKAY. MY SECOND QUESTION IS STILL THE LANDSCAPING IS A BIG IS A BIG ISSUE. AND I'M I'M REMEMBERING THAT THEY'RE ON THE NEXT PAGE. THERE ARE A LOT MORE PARKING SPACES THAN ARE REQUIRED OR PROBABLY EVEN NECESSARY FOR THOSE TWO BUILDINGS. AND SO I'M, I'M WONDERING, WAS ANY THOUGHT GIVEN TO REDUCING THE NUMBER OF PARKING SPACES AND STILL MEETING THE REQUIREMENTS OF THE FIRE DEPARTMENT AND THE OTHER ENTITIES THAT REQUESTED THESE ADJUSTMENTS SO THAT SO THAT THE LANDSCAPING DIDN'T HAVE TO BE AFFECTED. WE COULD INSTEAD AFFECT THE PARKING SPACES. WE COULD DEFINITELY LOOK AT ALTERNATIVE SOLUTIONS TO PROVIDING ADDITIONAL LANDSCAPING. YES, THE REMOVAL OF PARKING SPACES IS DEFINITELY AN OPTION. SOMETIMES IT'S THE END USER THAT REQUIRES THAT NUMBER OF PARKING SPACES, AND IT'S NOT SOMETHING THAT'S NECESSARILY DICTATED BY BY THE CODE ONE TWO. WE COULD DEFINITELY ACCOMPLISH MORE PARKING SPACES. EXCUSE ME, WE CAN DEFINITELY ACCOMPLISH MORE LANDSCAPING, BUT YOU MIGHT HAVE A SITUATION WHERE THE LANDSCAPING THEN IS PLACED IN THE RIGHT OF WAY AND NOT ON PRIVATE PROPERTY. SO WE'D HAVE TO GET A LANDSCAPE EASEMENT TO PROVIDE THAT ADDITIONAL LANDSCAPING TO. I HESITATE IN SAYING MEET THE LETTER OF THE CODE, BECAUSE IN THAT SITUATION, WHILE THE PERCENTAGES WOULD GO WOULD INCREASE, THE LANDSCAPING WOULD NOT BE ON THE SUBJECT PROPERTY AND WOULD BE ON IN THE RIGHT OF WAY TO ACCOMPLISH THAT. AS FAR AS AND THAT'S ONE WAY OF ACCOMPLISHING THE INCREASED LANDSCAPING FROM 15 TO 5 OR VICE VERSA, INCREASING THE NUMBER OF LANDSCAPE FROM FIVE TO POSSIBLY 15. BUT AGAIN, THAT WOULD BE A SITUATION WHERE THEN IT'S GOING GOING OUTSIDE THE LIMITS OF THE PROPERTY. AND I'M SORRY IF THESE ARE JUST THINGS THAT ARE BROUGHT UP, BUT I'D BE HAPPY TO BRING THE PROPERTY OWNER IN AND HAVE HIM KIND OF SHARE WITH YOU WHAT OPTIONS MAY OR MAY NOT BE, BECAUSE I DON'T WANT TO NECESSARILY SPEAK ENTIRELY ON HIS BEHALF AND MISREPRESENT AN OPTION THAT MAY OR MAY NOT BE SUITABLE. IF YOU DON'T MIND, COMMISSIONERS, ARE THERE ANY MORE QUESTIONS FOR STAFF? YES, I HAVE QUESTIONS. LET'S SEE. THE PROPERTY WAS ADJACENT TO LUBY'S, JUST JUST NEXT DOOR. YES. THE TWO THERE, THE TWO VACANT LOTS OR FIELD JUST ADJACENT. THE SECOND THING WAS, COULD YOU EXPLAIN TO ME HOW THE BUFFER ZONES AND THE. WELL, IN THIS INSTANCE, WHAT YOU HAVE IS AN ACCESS DRIVE. ALL THE SURROUNDING PROPERTIES ARE COMMERCIAL IN NATURE, AND THERE ARE NO THERE IS NO RESIDENTIAL.
THESE ARE END USERS THAT ARE NOT HIGH TRAFFIC OR ARE WRITING AT THE AT DEFINITELY HIGH TRAFFIC OFFICER. OFF OF 67, BUT NOT OFF OF THE BACK ROAD. NO, I'M TALKING ABOUT JUST LOOKING AT JUST THE MIRROR FRONTAGE. AND THERE'S ONLY ONE POINT OF ACCESS TO GET IN HERE, AND YOU HAVE TO SERVICE THEM THROUGH IN ORDER TO ACCESS THESE. THEY'RE THEY DON'T HAVE AN IMMEDIATE ACCESS OFF OFF
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OF THE FRONTAGE ROAD. SO YOU HAVE TO HAVE A SITUATION WHERE YOU HAVE TO DECREASE YOUR SPEED IN ORDER TO, TO GET TO THESE PROPERTIES. YOU DON'T HAVE A YOU DON'T HAVE AN IMMEDIATE GETTING INTO BECAUSE WHERE THOSE TWO LOTS ARE, THEY'RE ADJACENT TO ANOTHER PARKING LOT OF A, IT LOOKS LIKE A MEDICAL PLAZA OR SOMETHING. THE MEDICAL SUITE AND RIGHT BEHIND. OKAY. AND A HOTEL JUST NEXT DOOR. YES. YOU HAVE THE ACCESS. YOU HAVE THE ACCESS DRIVE. AND THERE'S ONE OTHER THING. OH, YEAH. THERE'S A NEW MEDICAL PLAZA THERE WHEN THEY'RE JUST OPEN AOA. AND SO WITH THAT, THERE'S OH, THE HOSPITAL THAT'S ON THE CORNER. SO WITH THAT, THERE IS CONSTANT TRAFFIC MOVING IN AND OUT OF THAT AREA. AND WHEN I WENT AND LOOKED AT THAT AREA PERSONALLY, AS FAR AS MANAGING THE TRAFFIC IN THAT AREA, THERE'S REALLY NO HOW DO YOU SAY DEFINITE? SIGNAGE THAT HELPS MANIPULATE AND CONTROL THE TRAFFIC? IT'S KIND OF ON YOUR OWN. AND SO WITH THAT, YOU'RE GOING TO HAVE INCREASED VOLUME OF TRAFFIC WITH NO ACTUAL WAY TO MANAGE IT. ARE YOU SUGGESTING A SERIES OF TRAFFIC CONTROL MEASURES AS PART OF THE. YEAH, IT HAS TO BE SOMETHING IN PLACE BECAUSE NOW WE HAVE TWO MORE BECAUSE THERE'S BETWEEN THE HOTEL, BETWEEN THE NEW AOA, BETWEEN THE MEDICAL PLAZA AND NOW THESE TWO THAT BECAUSE EARLIER YOU SAID THAT YOUR STUDY SHOWED THAT THERE'S ABSOLUTELY LIMITED OR VERY LITTLE IMPACT TO THE COMMUNITY. NO, I, I SAID THAT AS PART OF THE USE OF THE PLAN DEVELOPMENT TOOL, THAT ONE OF THE CRITERIAS IS NOT UNCOMMON IS TO UNDERSTAND THE ADVERSE IMPACT THAT THE USE OF THE PLAN DEVELOPMENT TOOL WILL OR WOULD NOT HAVE ON ADJACENT PROPERTIES. OKAY. AND THEN YOU HAVE THAT STUDY, I'M SORRY, THE STUDY THAT YOU DID TO APPROVE THAT, YOU KNOW, HOW IS THAT BASED? I'M SORRY THERE WAS NO STUDY. THE STANDARD OR THAT I CALLED OUT AS A STANDARD. THAT'S NOT UNCOMMON TO BE FOUND IN A PLANNED DEVELOPMENT APPLICATION AS PART OF THE CONDITIONS OF APPROVAL OF THAT, THE PLANNING AND ZONING COMMISSION, BEFORE MAKING A MOTION, IS OFTENTIMES HELPFUL TO MAKE SURE THAT THAT'S ADHERED TO. IF YOU'RE IF THE RECOMMENDATION IS GOING TO BE FAVORABLE. I HAVE ONE MORE QUESTION. IF SHE'S DONE, COMMISSIONER O'BRIAN OR ARE YOU COMPLETE? YES. MR. BROWNING, I MY ONLY OTHER QUESTION IS IN SECTION TWO OF THE ACTUAL ORDINANCE THAT YOU HAVE HERE, IT LISTS ALLOWED USES WITHIN THE PLANNED DEVELOPMENT. AND, I MEAN, THE LIST IS QUITE EXTENSIVE. AND. I, I GUESS MY CONCERN IS THAT, YOU KNOW, WHY IS IT SO WHY IS IT SO EXTENSIVE WHEN WE KNOW PRETTY MUCH WHAT'S GOING IN THERE? I MEAN, THEY'RE HAVING A DRIVE THROUGH, SO CAN'T WE NARROW IT DOWN A BIT? YES, THAT'S A GOOD QUESTION. AND THAT'S PRETTY THAT'S PRETTY STANDARD ON A PLANNED A PLANNED DEVELOPMENT ORDINANCE. THE LIST OF USES IS, MY UNDERSTANDING, PRETTY MUCH THE SAME USES THAT YOU WOULD FIND IN THE BASE ZONING. THERE HAVE BEEN NO USES THAT HAVE BEEN ADDED OR REMOVED FROM THAT ORIGINAL LIST. NOW, YOUR QUESTION ABOUT US KNOWING AT THIS TIME THE POTENTIAL END USER. THAT IS TRUE, BUT THE PLANNED DEVELOPMENT RUNS WITH THE PROPERTY AND WE DON'T KNOW WHAT THE FUTURE HAS IN STORE HAS IN STORE. BUT THE PLANNED THE PLANNED DEVELOPMENT ORDINANCE WOULD BE ONE THAT WOULD PREVAIL IN THE EVENT THAT THERE IS A CHANGE IN THE END USER ON THESE PROPERTIES. SO BY BY ALLOWING THIS TO BE A PLANNED DEVELOPMENT, WE'RE OPENING THE DOOR IN THE FUTURE FOR ANY ONE OF THESE USES. IS THAT CORRECT? YES. BUT THAT'S NOT ANYTHING DIFFERENT THAN WHAT'S ALREADY IN THE UNDERLYING BASE ZONING.COMMISSIONERS. ANY MORE QUESTIONS FOR STAFF? OKAY. AT THIS POINT, IF YOU DON'T MIND, I'D. GO AHEAD. I'M SORRY. IF IT'S OKAY WITH THE PLANNING AND ZONING COMMISSION, I'D LIKE TO INVITE THE PROPERTY OWNER UP. I KNOW THERE WAS A COUPLE OF QUESTIONS THAT YOU HAD THAT I TRY TO ANSWER AS BEST AS POSSIBLE, BUT LIKE I SAID, I DON'T WANT TO BE IN A SITUATION
[00:40:06]
WHERE I'M MISREPRESENTING OPTIONS THAT MAY OR MAY NOT BE. AND I THOUGHT IT'D BE BEST TO HEAR IT DIRECTLY FROM FROM OWNERS REPRESENTATIVE, IF THAT'S OKAY. OKAY. THANK YOU VERY MUCH.THANK YOU. MADAM CHAIRMAN. WHEN WHOEVER THE SPEAKERS ARE, WE NEED THEIR NAME AND BUSINESS ADDRESS FOR THE RECORD. OKAY? PLEASE APPROACH THE MIC AND STATE YOUR NAME AND YOUR BUSINESS ADDRESS. FOR THE RECORD, MY NAME IS JOHN DICKEY WITH CORINTH PROPERTIES. ADDRESS IS 4645 NORTH CENTRAL EXPRESSWAY, DALLAS 75205 AND FRANK MICHALOPOULOS CORINTH PROPERTIES, 45 4645 NORTH CENTRAL EXPRESSWAY, DALLAS, TEXAS. THANK YOU GUYS.
COMMISSIONERS, QUESTIONS FOR THE APPLICANT. I WOULD LIKE TO GO AHEAD AND ASK FOR YOUR I KNOW I ASKED LAST TIME YOU WERE HERE ABOUT THE LANDSCAPING, BUT I, I REALLY WOULD LIKE TO UNDERSTAND WHY THERE ARE THAT MANY PARKING SPACES WHEN I MEAN, IT'S REALLY MORE THAN YOU KNOW IS REQUIRED.
WHAT WE HAVE HERE IS A CREDIT UNION THAT'S COMING IN TOWN AND THAT'S KIND OF THEIR REQUIREMENTS. BUT AT THE SAME TIME, THE NEXT ANSWER, THE NEXT QUESTION, THE RESTAURANT IS THE CONCEPT CALLED BOJANGLES. THEY'RE COMING TO TOWN. IT'S BREAKFAST, LUNCH, DINNER, YOU KNOW, BISCUITS, DINNER. AND IT'S A RESTAURANT THAT REQUIRES MORE THAN THE ORDINANCE IN ORDER TO OPERATE. IF WE DON'T HAVE THEIR PARKING, WE WON'T BE ABLE TO GET THEIR LEASE. AND WE'RE DOING A GROUND LEASE WITH THEM. WE HAVE A LETTER OF INTENT. WE HAVE AN AGREEMENT, BUT IT'S ALL SUBJECT TO THESE APPROVALS THE SAME WAY WITH THE CREDIT UNION. IT'S A CATCH 22. IF WE DON'T HAVE THE RIGHTS TO PUT THEM THERE, THEN WE'LL HAVE EMPTY LAND TODAY. IF YOU LOOK AT THE AERIAL, THERE'S TWO DITCHES THROUGH THIS PROPERTY, MULTIPLE EASEMENTS. THERE'S A SEWER LINE THAT DOESN'T CONNECT TO NOWHERE. WE'RE GOING TO HAVE TO PUT WE'RE GOING TO HAVE TO PUT A SEWER LINE OVER 200FT, 400, 400FT AT OUR COST TO SERVICE THIS PROPERTY. THERE'S NO WATER LINE THAT HAS TO BE BROUGHT THAT WE HAVE TO CONNECT. SO THIS PROPERTY HAS BEEN HANDICAPPED.
AND THE ONLY REASON WE'RE HERE FOR A PD IS WE'D GONE THROUGH THIS STAFF. WE THOUGHT WE WERE GOING TO DO A BOARD OF BOARD OF ADJUSTMENTS. WE THOUGHT WE WERE GOING TO GO UP. BUT WITH THE CHANGING OF THE STAFF, WE'VE BEEN PING PONG AROUND BETWEEN. COME IN FOR ZONING, DON'T COME IN FOR ZONING. COME IN FOR BOARD OF ADJUSTMENTS, COME IN FOR SUP. SO THIS WHOLE YEAR WE WILL DO WHATEVER STAFF WANTED. WE'RE HERE BECAUSE THEY THOUGHT THIS WAS A BETTER CONTROL. AND MOST PLANNING AND ZONING PDS THAT I'VE DONE A LOT OF PROJECTS UP AND DOWN 67 I DEVELOPED THE PLAZA AT CEDAR HILL, DOWN AT 67 1382. I DID THE CITY HALL AT CEDAR HILL. I OWNED THE ATTENDEES THERE. I BUILT THE PENNIES THERE. I BUILT A CINEMARK. YOU KNOW, I DID THE ORIGINAL. WHAT TODAY IS TRADER SPROUTS. YOU KNOW THAT PROJECT. SO I'VE BEEN OUR PROJECTS ARE PRETTY GOOD AND PLAN DEVELOPMENT GIVES YOU MORE POWER AS A CITY AND CITY COUNCIL OF WHAT GOES THERE. SO WE AGREED TO GO WITH THE PLANNED DEVELOPMENT THINKING THAT'S MORE CONTROL FOR THE CITY AS FAR AS THE USES GOES. THAT'S WHAT'S BY TITLE OF THE ZONING THAT'S IN PLACE. WE DIDN'T CREATE ANY MORE NEW USES. WE'RE JUST FOLLOWING, YOU KNOW WHAT THE LAW OF THE LAND IS ALL WE'RE REQUIRING BECAUSE IT IS A TWO LANE DRIVE THROUGH. IT IS A TODAY ALL THE RESTAURANTS, IF NOT A DRIVE THROUGH, IT'S A PICKUP WINDOW. THAT'S THE CONVENIENCE WHERE PEOPLE ARE. AS FAR AS TRAFFIC GOES. WE'RE REALLY SURROUNDED BY SOME COMMERCIAL USES AND THEIR OFFICE USES MOSTLY DURING THE DAY IN A HOTEL, AND SO THERE'S NOT MUCH TRAFFIC BEHIND THAT STREET BEHIND US, THE FIRE LANE THAT CONNECTS US TO THE OLD LUBY'S AND EVERYTHING THERE. AND THEN THERE'S A LONG DISTANCE BETWEEN THE AVENUES OF AMERICA WHERE THE RESIDENTIAL GOES TO COBBLE HILL.
WE'RE NOT, YOU KNOW, WE'RE ON THE FREEWAY HERE. AND THIS IS A COMMERCIAL SITE ON THE FREEWAY.
SO THE LANDSCAPING REQUIREMENTS, EVERYTHING ALONG HIGHWAY 67 TODAY IS PARKING. WE'RE JUST FOLLOWING WHAT'S THERE. THERE'S LANDSCAPING IN THE FRONT BECAUSE WE GOT A LOT OF SETBACK FROM THE HIGHWAY. AND SO, YOU KNOW, LIKE I SAID, WE'VE BEEN HERE. WE HAD A PREVIOUS FOOD USER AND THIS IS THIS IS A BETTER USE FOR WHAT I THINK FOR THE NEIGHBORHOOD. SO THAT'S WHY WE'RE HERE. WE'RE NOT WE'RE NOT TRYING TO BYPASS LAWS OR REGULATIONS. WE'RE FOLLOWING WHAT'S NORMAL STANDARD. AND YOU KNOW, EVERYBODY THOUGHT THAT INSTEAD OF DOING THE SGP WHICH IS COMING TO Y'ALL, THIS IS A BETTER WAY AND GOING TO COUNCIL SO YOU CAN CONTROL THE PROJECT. AND. IF YOU WANT. THIS ALL KIND OF STEMMED FROM THE REDUCTION OF THE LANDSCAPE BUFFER FROM FROM 15 TO 5. AND THEN EVERYTHING
[00:45:07]
KIND OF THE REDUCTION IN OVERALL COVERAGE OF 20%. IT, YOU KNOW, STEMMED FROM THAT. BUT AS YOU SEE ON UP THERE, TO THE SOUTH OF US IS A PAWN SHOP. THEY HAVE A ZERO FOOT SETBACK FROM WHERE THEIR PARKING STARTS AND THEN TO OUR OTHER SIDE, THE OLD LUBY'S. THEY HAVE A FIVE FOOT. AND SO IF OUR RIGHT OF WAY FOR TEX DOT RIGHT THERE WASN'T AS GREAT AS IT IS AS IT'S SHOWN, YOU KNOW, IF IT WAS FIVE FEET OR LESS, WE WOULDN'T EVEN BE ASKING FOR THAT. WE WOULDN'T THINK THAT'S REASONABLE. BUT THE WHOLE POINT OF THE LANDSCAPE BUFFER IS TO BREAK UP CONCRETE, RIGHT? YOU WANT GREEN SPACE, MAKE IT LOOK BETTER. AND SO THAT'S BUILT IN INTO THAT ORDINANCE. WE YOU KNOW, THE INTENT OF IT IS TO IS TO BREAK UP THAT CONCRETE. AND WE ALREADY HAVE THAT BY NATURAL OF THAT RIGHT OF WAY. AND SO WE WERE TRYING TO KEEP THOSE SAME LINES GOING ACROSS AS WELL AS THE FIRE LANE THAT FROM THE STAFF, THEY WANTED THAT FIRE LANE ACROSS AND SPLITTING THE TWO TWO SITES THERE TOO. EVEN THOUGH WE HAVE FIRE HYDRANTS ON THE RIGHT OF WAY SIDE, WE HAVE FIRE HYDRANTS BEHIND US. WE'RE GOING TO HAVE FIRE HYDRANTS ON THE SIDE OF US. WE'RE ALREADY FLANKED BY FIRE LANE. THEY STILL INSISTED TO HAVE FIRE LANE ACROSS THE SITE. ADDITIONALLY, THAT LINES UP WITH WITH THE PAWN SHOP TO THE SOUTH THERE DRIVE. IT JUST NATURALLY FLOWS IN THAT THAT DIRECTION. SO THAT WAS THE THOUGHT BEHIND IT. AND PART OF OUR LANDSCAPING PLANS WERE EVEN THOUGH WE HAVE A REDUCED LANDSCAPE BUFFER AND BY THAT WE HAVE A REDUCED TOTAL COVERAGE, WE WERE STILL HEAVILY LANDSCAPING THE INTERIOR OF THE LOTS, PUTTING IN LARGE CANOPY TREES OVER THE REQUIRED AMOUNT AND TRYING TO MAKE IT UP FOR THAT WAY. BUT IT ALL, LIKE I SAID, IT STEMS FROM THAT, THAT REDUCTION OF THE LANDSCAPE BUFFER. BUT WHEN YOU LOOK ACROSS THERE, WE HAVE IT MORE THAN ADJACENT PROPERTIES ALREADY HAVE AN OFFER OR SOMETHING.COMMISSIONERS ANY MORE ACTUALLY YOU BROUGHT UP PARKING, REDUCTION OF PARKING. YOU BRIEFLY TALKED ABOUT THE CREDIT UNION. WE COULD SPARE A FEW THERE. THIS WAS SPURRED BY THEIR DESIGN, BUT THE BOJANGLES ON THE OTHER SIDE, AS YOU'RE SITTING, AS YOU MENTIONED EARLIER, IT'S WE HAVE ALMOST TWICE WHAT'S REQUIRED, BUT THEY HAVE A BIG SIT DOWN COMPONENT TO IT AS WELL. AND SO, YOU KNOW, 1 OR 2 MIGHT BE ABLE TO BE SPARED. BUT IT'S REALLY BY DESIGN THAT WAY.
AND YOU DON'T WANT IT TO BE UNDER PARK THAT IT CREATES OTHER PROBLEMS. AND THAT'S WHY, YOU KNOW, THIS THIS BOJANGLES IS COMING NEW TO THE MARKET. I THINK IT'LL BE GREAT FOR DUNCANVILLE, SOMETHING THAT YOU ALL WILL ENJOY. AND IF I'VE BEEN INVOLVED, I'M INVOLVED WITH THE REDBIRD PROJECT. I'M A PARTNER IN THAT. I'VE OWNED THE SINCE 1987. THE LUBY'S UP AT HAMPTON IN 67. SO THIS IS AND THIS IS NOT THIS IS WHERE I'VE DONE A LOT OF WORK. BUT TO SHOW GOOD FAITH, TO SHOW YOU SOMETHING ABOUT THE LANDSCAPING. ONE THING THAT I MIGHT OFFER, IF YOU ALL PASS THIS ON ALONG HIGHWAY 67 SIDE THAT PARKING, THERE'S SOMETHING THAT NO ONE HAS REALLY IN THIS AREA CALLED GRASS CREEK. AND SO THAT PARKING STALLS, WE COULD DO THESE PAVERS WHERE THEY HAVE GREEN IN BETWEEN THEM. SO IT'S SHOWING SOMETHING THAT'S UNIQUE. AND THIS WOULD BE SOMETHING THAT OTHERS COULD FOLLOW DOWN THE ROAD AS GOOD DEVELOPMENT. SO I'LL OFFER TO PUT THE GRASS CREEK IN FRONT OF THOSE PARKING, THE ONES THAT ARE HEAD IN TO SUPPLEMENT A LITTLE MORE GREEN. YOU'VE SEEN THEM IN SOME OF THE HOTELS INSTITUTIONS WHERE YOU PARK ON IT, BUT THEY'RE THEY'RE PAVERS WITH GREEN GREEN IN BETWEEN. SO I'LL OFFER THAT TO SHOW YOU GOOD FAITH AND HOW WE WANT TO MAKE A GOOD PROJECT HERE. THANK YOU. COMMISSIONERS, ANY MORE QUESTIONS FOR THE APPLICANT? I HAVE QUESTIONS THE I MEAN, I LOOKED AT THIS PROJECT INITIALLY THE FIRST TIME, AND THERE WAS A LOT OF QUESTIONS AND DOUBTS THAT I HAD REGARDING THIS PARTICULAR PROJECT. AND I APPRECIATE YOUR EXPERIENCE, YOUR DEVELOPMENT AND OTHER CITIES AND EVERYTHING, THE EXPERIENCE THAT YOU HAVE, AND YOU'RE BRINGING IT TO THE TABLE. AND I THINK IT'S A GOOD PROJECT, BUT I ALSO THINK IT CAN BE MODIFIED TO COMPLY WITH OUR STANDARDS. THE STANDARDS ARE PUT IN PLACE FOR A REASON. AND JUST BECAUSE LUBY'S GOT AWAY WITH A FIVE FOOT BUFFER AND THE PAWN SHOP DOESN'T HAVE A BUFFER, IT DOESN'T MEAN THAT WE HAVE TO MODIFY THIS ONE IN ORDER TO ACCOMMODATE. GO FROM 5FT TO 15FT OR WHATEVER IT IS WE'RE DOING, BECAUSE THAT'S THAT BUFFER IS THERE FOR A REASON, AND OUR STANDARDS ARE PUT IN PLACE FOR A REASON. I'M LOOKING AT THE SITE PLAN. COULD THERE BE SOME ADJUSTMENTS, SOME LEVERAGE THERE? YEAH, OF COURSE THERE IS.
[00:50:03]
YOU KNOW, AND THE RESTAURANT'S GOING TO DEMAND A LOT OF PARKING. I GET IT, BECAUSE THEY'RE GOING TO RUN PROBABLY FROM 7 A.M. TO 10 P.M. OR WHATEVER TIME IT IS, AND IT'S GOING TO REQUIRE SOME PARKING LOADS. AND I'M ASSUMING THAT FROM A BUSINESS PERSPECTIVE, THAT'S PROBABLY WHY YOU GUYS DID CAME WITH THIS PRESENTATION AND MAKE THIS ADJUSTMENT ON THE PARKING AND REQUEST ALL OF THESE ITEMS ON ON ONE, TWO, THREE, FOUR, FIVE, SIX, FOUR ITEMS AND THEN FIVE AND SIX TO BE FIVE AND SIX DON'T APPLY SIR. YEAH. FIVE AND SIX IS JUST AN OVERSIGHT.YEAH. YEAH I WAS GETTING IT TO THAT ONE. BUT YOU KNOW, GOING THROUGH ITEMS ONE, TWO, THREE AND FOUR TO MAKE AN ADJUSTMENT ON THIS PLAN DEVELOPMENT. AND YOU KNOW, DRIVING OUT TO THE SITE TO I CAN TELL YOU RIGHT NOW THERE'S A DRAINAGE EASEMENT. I DON'T KNOW IF YOU'RE I'M VERY FAMILIAR WITH WITH THE CONTOUR LINES ON LUBY'S. AND IF YOU CAN SEE THERE, YOU'VE GOT DRAINAGE GOING INTO YOUR LOT, NATURAL DRAINAGE BECAUSE OF THE CONTOUR LINES AND THE WAY THAT THING WAS PAVED, IT GOES ACROSS THE STREET. THERE'S A DRAINAGE EASEMENT ON THE EAST REAR PORTION OF THE PROPERTY, AND THEN YOU GOT ONE OUT GOING, I DON'T KNOW WHERE THE OTHER ONE GOES OUT TOWARD 67 OR BETWEEN THE PAWN SHOP. AND THAT'S WHAT I MENTIONED EARLIER, THAT WE'RE GOING TO HAVE TO GO THROUGH AN EXPENSIVE PROJECT TO PUT THOSE DITCHES, BECAUSE THOSE BASICALLY WERE CREATED WHEN HIGHWAY 67 WAS FIRST PUT IN. THERE WAS A LOT OF DIRT THAT WAS PUT ON THESE PROPERTIES. WE'VE HAD THE SAME SITUATION DOWN THE ROAD. AND SO WHAT WAS A SMALL DRAINAGE LINE HAS BECOME BIGGER BECAUSE OF OVER THE YEARS OF DEVELOPMENT. WE'RE GOING TO PUT THOSE UNDERGROUND. THOSE ARE GOING TO BE BUCK'S CULVERT AND THAT'S WHERE WE'RE DOING OUR DETENTION.
SO WE'RE FOLLOWING THE ORDINANCE, YOU KNOW, AND WHAT WE'RE TRYING TO DO IS TAKE SOMETHING. AND ON A PROPERTY THAT IS VERY DIFFICULT TO DEVELOP, AS YOU COULD SEE FROM THE AERIAL, YOU'VE GOT DITCHES HERE, DITCHES THERE. AND THAT'S WHAT YOU SHOULD BE PROUD OF.
WE'RE TAKING THAT ON DOING, YOU KNOW, TAKING SOMETHING THAT HAS DRAINAGE AND PUTTING THAT UNDERGROUND. THAT'S AN EXPENSE ON US TAKING UTILITIES THAT AREN'T THERE. THERE'S A SEWER LINE THAT CONNECTS TO NOWHERE THAT WE NOW HAVE TO PUT 400FT OF SEWER LINE TO CONNECT INTO YOUR SYSTEM. THAT WASN'T PUT IN PROPERLY ORIGINALLY. IN THE SAME WAY WE'RE CONNECTING A WATER LINE. SO WE'RE GIVING A LOT TO Y'ALL BY DEVELOPING SOMETHING THAT MIGHT NEVER IT MIGHT NOT GET DEVELOPED IN A LONG TIME. IT'S BEEN SITTING THERE FOR A REASON FOR THAT LONG. AND THEN ON THE LANDSCAPING, WE'RE JUST FOLLOWING WHAT IS COMPREHENSIBLE AROUND. AND IF YOU LOOK AT THIS AERIAL, THERE'S MORE GREEN IN FRONT OF OUR SPACE THAN LEFT AND RIGHT. SO THERE IS THE GREEN SPACE THERE. THAT SETBACK LINE, I DON'T KNOW WHEN IT WAS PUT IN OR THE LANDSCAPING, BUT PART OF THE PROCESS OF HAVING A BOARD OF ADJUSTMENTS IS TO BE ABLE TO MODIFY TO CERTAIN THINGS. AND THEN FOR THAT I OFFERED YOU THE GREEN SCAPE, THE GREEN PAVERS TO, YOU KNOW, TO SHOW YOU THAT 20FT OF AREA WILL PUT MORE, YOU KNOW, SOME, SOME UNIQUE THAT'S NOT EVEN HERE AT THE CITY. JUST ONE QUICK QUESTION ON ON. HAVE YOU GUYS APPROACHED TXDOT ON THIS ONE YET? ANY WORK WITH TXDOT? WE CAN'T GO AHEAD. YEAH. GO AHEAD. TXDOT ALMOST EVERY DAY, BUT NOT SPECIFIC ON THIS PARTICULAR PROJECT. LANDSCAPING. BUT IN WHAT REGARD TO. WELL, I'M JUST CURIOUS BECAUSE THAT'S AN ON RAMP. I DON'T KNOW IF YOU GUYS ARE FAMILIAR WITH THAT AREA. I MEAN, EVERY SINGLE MORNING FOR THE PAST 35 YEARS, I DRIVE DOWN THAT SERVICE ROAD, AND RIGHT NOW THERE'S A LOT OF CONGESTION. JUST KIND OF MIMIC MY COLLEAGUES COMMENTS ON THE TRAFFIC, YOU KNOW, AND I'M JUST CURIOUS AS TO BECAUSE LOOKING AT YOUR SITE PLAN, LOOKING AT THE ORIENTATION, YOU'VE GOT AN ENTRANCE RIGHT THERE TO THE SOUTH, I BELIEVE ON THE CORNER THAT YOU'RE GOING TO HAVE AN ENTRANCE THERE, GOING INTO IT RIGHT BY THE ENTRANCE RAMP WITH THE SERVICE RAMP. I MEAN, I DON'T KNOW HOW THAT'S GOING TO AFFECT YOUR PLAN, BUT IT'S JUST THIS THIS ONE RIGHT HERE. YEAH.
THAT'S THAT'S EXISTING. WELL, NO, NO, THE ONE, THE ONE THAT YOU'RE GOING TO PROPOSE BECAUSE YOU'RE SHOWING ONE PROPOSE ANY NEW CUTS ON. WE'RE NOT ADDING. CAN YOU GO BACK TO YOUR SITE PLAN. YEAH. WE'RE NOT ADDING ANY CUTS TO 67, SIR. OH YOU'RE OKAY. IT'S ON THE SIDE THERE. SO WE'RE, WE'RE USING WE'RE USING THE EXISTING OPENINGS AND FOR TRAFFIC. THAT'S WHY IT WAS ORIGINALLY DESIGNED WITH THIS DRIVE HERE. IT GETS ALL THE CARS OFF AND THEN CIRCULATES INTERIOR INSTEAD OF HAVING DRIVES IN AND OUT OF EACH PAD, IT HAS TO GO AND FILTER INTERNALLY. AND THAT MAIN DRIVE IS AFTER THE ON RAMP. SO THE FOLKS THAT ARE GETTING OFF THIS PROJECT WILL GO ALONG THE SERVICE ROAD AND GET UP, GET ON 67 FURTHER UP NORTH. ALL RIGHT. THANK YOU. COMMISSIONERS.
ANY MORE QUESTIONS FOR THE APPLICANT? YES, I HAVE A QUESTION AND A CONCERN. THE RESTAURANT THAT YOU CHOSE, WHAT WAS IT CALLED? BOJANGLES AND BOJANGLES, BECAUSE I'VE NEVER
[00:55:06]
HEARD OF IT. AND THE THING HERE IS, IS THAT WHEN YOU'RE LOOKING AT THE COMPREHENSIVE PLAN AND YOU'RE LOOKING AT HOW THIS IS GOING TO IMPROVE THE 20 YEAR PLAN TO IMPROVE THE OVERALL BUSINESS APPROACH AND ESTHETICS OF DUNCANVILLE, THE RESTAURANT THAT YOU'RE PROPOSING. THERE'S ONE DOWN THE STREET. LUBY'S IS CLOSED. AND THE ONE THING THAT I REALLY DON'T WANT TO SEE HAPPEN IS ANOTHER FAILED RESTAURANT. TO MAKE SURE THAT THIS PARTICULAR IS GOING TO BE SOMETHING ATTRACTIVE TO DUNCANVILLE. SO THERE IS A USER THAT HAS BOUGHT THE LUBY'S BUILDING, AND THEY'RE BUILDING THEIR RESTAURANT THERE RIGHT NOW. SO THE CLOSED LUBY'S, WHICH IS NEXT DOOR, IS ANOTHER RESTAURANT COMING, MA'AM. AND YOU KNOW, BOJANGLES HAS DONE A LOT OF RESEARCH AND THEY'VE THEY'VE OPENING A HANDFUL OF STORES AND YOU'RE, YOU KNOW, DUNCANVILLE IS A GOOD FOOD AREA.AND, YOU KNOW, YOU HAVE SUCCESSFUL RESTAURANTS. AND THIS IS JUST GOING TO BE ONE MORE.
BUT THAT LUBY'S IS GETTING REFILLED WITH ANOTHER RESTAURANT. AND SO IT IS A COMMERCIAL PROPERTY ON HIGHWAY 67. I DON'T KNOW WHAT ELSE COULD COME HERE. HIGHEST AND BEST USE I THINK IN BOJANGLES, IF YOU GOOGLE THEIR OPERATIONS, I THINK YOU WOULD LIKE WHAT THEY'RE DOING HERE. THEY'RE NOT JUST A NORMAL DRIVE THROUGH RESTAURANT. THEY HAVE MORE TO OFFER FOR FAMILIES. AND SO IT'S A FAMILY OPERATION. THERE'S NO LIQUOR, BY THE WAY, AT ALL IN THIS. BOTH USERS. SO WE DON'T HAVE WE'RE NOT BRINGING LIQUOR. WE'RE NOT YOU KNOW, THIS IS FOOD AND BANKING SERVICES. COMMISSIONERS. ANY MORE QUESTIONS FOR THE APPLICANT? I MOVE TO APPROVE.
BEFORE YOU MOVE TO APPROVE, I HAVE A QUESTION FOR THE APPLICANT. YOU MENTIONED THAT YOU WERE WILLING TO DO A I BELIEVE IT WAS CALLED A GRASS GRASS CREEK CREEK ALONG HIGHWAY 67. CORRECT. SO WHEN YOU SAY GRASS CREEK, PARKING ALONG HIGHWAY 67, IS THAT THE ENTIRE LENGTH OF THE PROPERTY? IS THAT A CERTAIN PERCENTAGE OF THE PROPERTY? WHAT ARE WE TALKING I CAN DRAW ON HERE? IT WOULD BE THE, THE WIDTH THAT THAT'S IN FRONT, ALONG THE FRONTAGE, ALONG THE PARALLEL PARKING ALONG RIGHT THERE AND PARKING RIGHT HERE. OKAY. AND A GRASS CREEK MEANS THAT THERE IS GRASS DIVIDING EACH PARKING LOT. OR CAN YOU EXPLAIN THE CONCEPT AGAIN? IT IS WHAT WE'RE PLANNING TO DO IS THROUGHOUT THE THOSE PARKING SPACES THERE'LL BE PAVERS WITH WITH GREEN GREEN IN BETWEEN THEM IN BETWEEN THE PAVERS. SO IT'LL BE LIKE SQUARES, MULTIPLE SQUARES. AND THEN IT'LL BE SO YOU COULD SEE GREEN. SO THAT SATISFIES SOMEWHAT OF COMMISSIONER RODRIGUEZ'S CONCERN FOR, YOU KNOW, THE LANDSCAPING. SO IT GIVES YOU A FEEL LIKE IT'S WHEN YOU LOOK AT IT YOU'LL SEE THE GREEN. BUT YOU COULD PARK ON IT TOO. IT'S STRUCTURALLY SOUND TO BE ABLE TO HOLD VEHICLES. THEY'RE PERMEABLE, PERMEABLE PAVERS. ARBORETUM HAS THEM.
OFTENTIMES THEY'LL BE FILLED WITH WITH GRAVEL, CRUSHED GRANITE. BUT IT MAKES IT A SOLID PARKING SERVICE. AND WHAT FRANK'S SPECIFICALLY TALKING ABOUT, THEY HAVE A DESIGN WHERE IT'S KIND OF A CHECKERED PATTERN, WHERE IT'S BRICK AND THEN A TURF PATCH IN BETWEEN.
AND SO FROM A DISTANCE, IT, IT, IT HAS A GREEN, GRAY GREEN AREA. THANK THANK YOU. GO AHEAD. YEAH.
SO AT THIS POINT, IF THE COMMISSION DOES NOT HAVE ANY MORE QUESTIONS FOR STAFF OR THE APPLICANT BEFORE THERE IS A, BEFORE THERE IS A MOTION EITHER TO APPROVE OR DENY, WE WANT TO OPEN UP THE FLOOR TO ANYBODY THAT'S HERE IN THE PUBLIC THAT WANTS TO SPEAK REGARDING THIS MATTER. THANK YOU, THANK YOU. SO COMMISSIONERS, ANY OTHER QUESTIONS FOR THE APPLICANT? NOPE. SEEING NONE. OH, IT'S NOT FOR THE APPLICANT. IT'S ACTUALLY STAFF. JUST SO. JUST KIND OF.
MADAM CHAIRMAN, BEFORE WE GET ANY MORE QUESTIONS, IS THERE ANYBODY IN THE AUDIENCE THAT WANTS TO SPEAK ANY CITIZENS? SHOULD I OPEN IT UP FOR THE PUBLIC HEARING? PUBLIC HEARING IS OPEN. SO IT'S CONTINUED FROM LAST TIME. MY UNDERSTANDING IS THE PUBLIC HEARING IS ALREADY OPENED. OKAY, OKAY. SO WHOEVER NEEDS TO SPEAK, IF YOU'LL CALL THEM UP AND THEN WE'LL GET QUESTIONS FROM OUR STAFF. OKAY. SO IF YOU ARE HERE TO SPEAK, LET'S ON ON OR FOR ON OR AGAINST THIS AGENDA ITEM, PLEASE APPROACH THE PODIUM WHEN YOU SPEAK. PLEASE MAKE SURE YOU SAY YOUR NAME AND YOUR ADDRESS. IS THERE ANYBODY IN THE AUDIENCE HERE TO SPEAK FOR OR AGAINST THIS PARTICULAR AGENDA ITEM? SEEING NONE. COMMISSIONER RODRIGUEZ, I THINK THIS IS A
[01:00:09]
QUESTION FOR STAFF. SO WHAT WE'RE APPROVING AND ON THE VERBIAGE THAT THE DEVELOPER SLASH OWNER HAS AGREED TO DO CAN BE PUT INTO THIS BOAT AS AN AMENDMENT TO WHAT THEY'RE SUBMITTING FOR. AS FAR AS THE ADDITIONAL YOU'RE YOU'RE REFERRING TO THE ADDITION TO THE PARKING LOT ENHANCEMENTS THAT PROVIDE THE BRICK PAVERS SLASH GREENERY OPTION. YES, THAT COULD BE A CONDITION OF APPROVAL OF THE PLANNED DEVELOPMENT. YEAH, THAT'S THE ONLY QUESTION I HAD.AND OKAY. YES, THAT COULD BE ADDED ADDED TO THE MOTION. YEAH. ALL RIGHT COMMISSIONERS, ANY MORE QUESTIONS? NO. SEEING NONE I WILL. ENTERTAIN A MOTION TO APPROVE. I MOVE TO APPROVE WITH COMMISSIONER RODRIGUEZ'S CAVEAT THAT WE ADD THE PARKING. YEAH. MISS BROWNING, WHAT YOU HAVE, IS THERE ANY USES THAT YOU DIDN'T WANT IN THERE TO. THERE WAS SOME DISCUSSION ABOUT USES YOU DIDN'T LIKE FROM THE USE CHART. I WANT TO MAKE SURE WE GET THE COMMISSION'S MOTION THAT THEY WANT TO CONSIDER. I MEAN, IF IT'S STANDARD. OKAY. SO THE MOTION, AS I UNDERSTAND THAT COMMISSIONER BROWNING WANTS TO MAKE HIS MOTION TO APPROVE, SUBJECT TO THE CONDITIONS IN THE STAFF REPORT AND TO ADD AS PART OF THE LANDSCAPING, THE GREEN CRETE ALONG THE FRONTAGE OF HIGHWAY 67 AND THOSE PARKING SPOTS. AND IT'S APPROXIMATELY 191. IT'S ABOUT 300FT OF THAT FRONTAGE, I THINK MAYBE A LITTLE BIT MORE, ALMOST 400FT. BUT IT'S THE FRONTAGE PARKING IMMEDIATELY ADJACENT TO HIGHWAY 67. IS THAT RIGHT? YES. THAT'S CORRECT. OKAY. I WOULD LIKE TO ADD AN ADDITIONAL REQUEST TO CHANGE THAT. COMMISSIONER BROWNING MENTIONED, AND THAT IS TO STRIKE ITEMS FIVE AND SIX FROM THE REQUEST. ADMINISTRATIVE APPROVAL. SO YOU WANT THAT THE DETAILED SITE PLAN AND DEVELOPMENT PLAN COME BACK FOR. HOW ABOUT IF WE JUST SAY, APPROVAL BY THE PLANNING AND ZONING COMMISSION? I'M SORRY. I'M SORRY I COULDN'T HEAR YOU.
INSTEAD OF APPROVAL BY THE PLANNING AND ZONING COMMISSION, INSTEAD OF TAKING IT ALL THE WAY BACK THROUGH, YOU HAVE THE FINAL APPROVAL? NO. THE REQUEST, IT'S THE OTHER WAY AROUND. IT'S FOR THE SITE PLAN AND LANDSCAPING TO BE TO BE APPROVED BY STAFF SO LONG AS IT MEETS. I KNOW WHAT IT SAYS. THAT'S NOT WHAT THEY WANT. THEY WANT. THEY WANT TO MAINTAIN REVIEW OF THE DETAILED SITE PLAN AND THE ELEVATION PLAN ON THE RESTAURANT. CORRECT? I DO WANT SO FOR NUMBER FOR NUMBER FIVE AND NUMBER SIX, IT WAS MY UNDERSTANDING THAT THAT WAS UNNECESSARY. IF YOU DON'T MIND, I WOULD ASK THE PROPERTY OWNER TO COME UP AND OBTAIN CLARIFICATION ON ON THOSE TWO POINTS. OKAY. YEAH. NO. ORIGINALLY WE THOUGHT THAT YOU ALL HAVE TO APPROVE SITE PLAN IN ELEVATION, AND THEN WE WERE INFORMED THAT THAT'S DONE AT STAFF LEVEL. SO THAT'S WHY FIVE AND SIX IS NOT REALLY REQUIRED FOR THIS ISSUE FOR THIS PD. BUT HE'S GOT TO APPROVE IT. AND SO IF NOT OUR REQUEST IS TO KEEP FIVE AND SIX IN. SO WE WON'T HAVE TO COME BACK BECAUSE THE SITE PLAN IS PRETTY MUCH WHAT YOU SEE HERE. SO IT'S ALREADY ATTACHED TO THE PD. LET ME FOR YOUR BENEFIT PLEASE GIVE ME SOME. PLEASE GIVE ME SOME CLARIFICATION. SO NORMALLY WHEN IF WE WERE TO APPROVE, I'LL JUST PICK ON DALLAS BECAUSE I LOVE PICKING ON THEM. IF YOU GO TO DALLAS AND GET A PD, YOU GO DOWN THERE AND THEY DON'T HAVE ANY DETAILS ON THEIR PDS. THEY APPROVE THE PD CONCEPT. THESE ARE THE USES THAT YOU ALLOW. AND THEN THE SITE PLANS ARE ALL ADMINISTRATIVELY APPROVED. SO SOME EXTENT THEY'RE DOING THAT HERE. HERE YOU'VE GOT CONTROL BECAUSE YOU'VE GOT A CONCEPT PLAN WHERE THE BUILDINGS ARE LOCATED. YOU'VE GOT THE PARKING, YOU'VE GOT BASICALLY THE LAYOUT. SO THERE MAY BE A TWEAK WHERE THEY HAVE TO MOVE A PARKING
[01:05:03]
SPACE 1 OR 2. SO THEY DIDN'T WANT TO HAVE TO COME BACK ALL THE WAY. SO IF YOU'LL ADOPT THE CONCEPT PLAN AS PART OF THIS, WHICH I TAKE YOUR MOTION, IT DOES BECAUSE THAT'S WHAT'S IN THE PROPOSED ORDINANCE. THEN ALL THEY HAVE TO DO IS MEET THOSE ACTUAL PARAMETERS BASED ON THE EXCEPTIONS THAT YOU'VE WRITTEN. SO WHAT YOU'RE REALLY DOING IS WRITING A ZONING REGULATION FOR THIS PROPERTY. UNFORTUNATELY, OR FORTUNATELY AS IT MAY BE, THIS IS YOUR CURSE AND YOUR GIFT FOR BEING ON P AND Z. BECAUSE WE DO A LOT OF REDEVELOPMENT HERE. WE DON'T HAVE LARGE TRACTS OF UNDEVELOPED LAND, AND THIS IS KIND OF ONE OF THOSE PARCELS THAT'S DIFFICULT BECAUSE OF THE DRAINAGE. I WOULD AGREE WITH THE APPLICANT THAT IF WE GET THAT DRAINAGE SOLVED BY THEM PUTTING IT UNDERGROUND, HALLELUJAH. BUT SO THAT'S THE REAL ISSUE. IF YOU WRITE THESE REGULATIONS AS PROPOSED IN THE ORDINANCE, THEY'RE PRETTY MUCH BOXED IN SO THAT WHEN THEY COME BACK TO GET THE BUILDING PERMITS AND DO THE ACTUAL DEVELOPMENT, THEY'RE GOING TO HAVE TO CHECK ALL THOSE BOXES. THERE'S NO SENSE IN DOING IT HERE. AND AT COUNCIL. THEY JUST WANT THE STAFF AND THE BUILDING OFFICIAL TO CHECK THOSE BOXES. IF THEY MEET THEM, IF THEY DON'T MEET THEM, THEY AIN'T GOING TO GET WHAT THEY WANT. SO YOU'VE KIND OF WRITTEN RULES FOR THIS TRACK OF LAND THAT'S PECULIAR TO THIS TRACT OF LAND, BECAUSE THIS PIECE OF LAND IS PECULIAR. IF WE HAD A BIG LOT, MR. RODRIGUEZ WOULD BE RIGHT. THERE'S NO REASON FOR US TO DO THIS, PD, BECAUSE THESE ARE THE STANDARDS THAT WE'VE ADOPTED. BUT WITH THIS PIECE OF PROPERTY, WITH ALL IT WOULD, THERE'S A REASON IT HAS REMAINED UNDEVELOPED FOR AS LONG AS IT HAS. AND SO IF YOUR GOOD THAT YOUR MOTION I'VE WRITTEN IT DOWN AND I'LL GIVE THIS TO THE STAFF AND MAKE SURE IT GETS DONE AS YOU DESIRE. THANK YOU FOR THAT CLARIFICATION. SO I WILL AMEND AND KEEP ITEMS NUMBER FIVE AND SIX. I DO HAVE A REQUEST THOUGH FOR ITEM NO. IT'S NOT AN ITEM, IT'S A BULLET ON ITEM NUMBER FOUR WHERE IT SAYS THAT THE APPLICANT IS REQUESTING THAT THE BUILDING ARTICULATION NOT APPLY TO THE REQUESTED PLAN DEVELOPMENT. I UNDERSTAND THAT THE APPLICANT IS CURRENTLY IN NEGOTIATION WITH TWO END USERS BEING IN REAL ESTATE. I ALSO UNDERSTAND THAT NOTHING IS GUARANTEED AND SO LEAVING THAT AS IT DOES NOT APPLY LEAVES US OPEN TO QUITE A FEW OPTIONS. AND SO I'D LIKE FOR THAT TO SAY RATHER THAN NOT. APPLY THAT AT A MINIMUM. THAT THE BUILDING IS COMPARABLE TO OUR BUILDING ARTICULATIONS. CREDIT UNION BUILDING IS GOING TO MEET IT. IT REALLY DOESN'T MATTER. IT'S THESE SMALLER BUILDINGS THAT IT'S HARD TO FIT THOSE ARTICULATIONS IN WITHOUT JUST COMPLETELY CHANGING EVERYTHING. THE BIGGER BUILDING YOU GET, THE EASIER IT IS FOR THOSE ARTICULATIONS IN. BUT ON YOUR WHERE'S YOUR ELEVATIONS HERE? I SEE THERE'S QUITE A BIT OF ARTICULATION WITHIN THEIR, THEIR ELEVATIONS. AND EVERYBODY WANTS A NICE LOOKING BUILDING AND THEY'RE GOING TO MAKE IT LOOK NICE. I KNOW YOU'RE BEING SOMEWHAT SLAP IN A BOX OR SOMETHING DOWN ON THERE. IT JUST WE DIDN'T WITH THE UNKNOWN OF WHO WE'RE GOING TO ACTUALLY GO IN THERE. BOJANGLES, THEY'RE GOING TO HAVE SOME ARTICULATION IN THEIR BUILDING WHERE THE PREVIOUS STARBUCKS OR THERE'S ARTICULATION IN THERE AS WELL.WE JUST DON'T KNOW IF IT MEETS EXACTLY OR THEY'RE GOING TO MEET EXACTLY HOW IT'S WRITTEN HERE.
UNDERSTOOD. AND THE BUILDING ARTICULATION BEING NOTHING IS A CONCERN AS WELL. I DON'T THINK WE'RE NOT SAYING NOTHING. MAY I OFFER A SUGGESTION? YES, PLEASE. IF WE SAID IT SUBSTANTIALLY COMPLIES, THEY WOULD HAVE TO HAVE SOME ARTICULATION IN THE BUILDING. YOU SAID SUBSTANTIALLY COMPLIES WITH THE STANDARD OF. YES. SECTION 4.03. THEN THERE WOULD HAVE TO BE SOME ARTICULATION. HOW'S THAT? THAT WORKS. OKAY. THAT WORK WITH Y'ALL? YEAH. WE'RE TRYING TO PULL UP PICTURES. YEAH, I'M TRYING TO PULL UP PICTURES AS WE'RE TALKING. AND BOJANGLES
[01:10:01]
DOES HAVE SOME ARTICULATION IN THEIR BUILDING. SO IT'S JUST THE AMOUNT IS BECAUSE THEY'RE SMALLER BUILDINGS. IT DOESN'T HAVE THE LARGE PERCENTAGES OR SQUARE FOOTAGE. SO YEAH, SUBSTANTIAL COMPLIANCE. IT'S FINE. YEAH THAT'S FINE. YEAH. THE MORE ARTICULATION YOU GET, THE SMALLER THE LESS. AND YOU'LL LOVE THEIR BUILDING. THEY HAVE CANOPIES. THEY HAVE DIFFERENT INS AND OUTS. YEAH THEY DO HAVE ARTICULATION. SO IF YOU. SO WE'RE FINE WITH SUBSTANTIALLY COMPLIES. WE'RE NOT TRYING TO AVOID THE SPIRIT OF THE LAW. NO. WE'RE JUST TRYING TO MAKE IT PRACTICAL. YES. UNDERSTOOD. SO THE MOTION AS IT CURRENTLY STANDS IS THAT WE'RE ACCEPTING THE PROPOSAL AS RECOMMENDED BY STAFF WITH THE FOLLOWING AMENDMENTS. ONE, THAT THERE'S A GRASS CREEK ALONG HIGHWAY 67, WHICH IS ABOUT 300 TO 400FT, AND TWO THAT SECTION. THAT. THERE WOULD BE SUBSTANTIAL COMPLIANCE WITH SECTIONS 403 B. SO I WOULD ADD ONE THING. I WOULD ADD ONE THING, AND THAT IS THE PROPERTY HAS TO BE REPLANTED TO MATCH THE CONCEPT PLAN WHICH THEY SAID IT WOULD, BUT I THINK IT NEEDS TO BE A CONDITION OF YOUR ZONING. WE HAVE WE HAVE THAT PRELIMINARY PLAN. I KNOW YOU DO, BUT IN CASE I GET HIT BY A BUS, WE WON'T HAVE TO WORRY ABOUT IT ANYMORE.PROPERTY HAS TO BE REPLANTED, REPLANTED IN ACCORDANCE WITH THE SUBDIVISION REGULATION INTO TWO LOTS, WHICH WE'VE ALREADY GOT THE PLAT. IT'S GOING TO BE DONE, SO THERE'S NO RISK THERE. BUT WE SHOULD PUT THAT IN THE ORDINANCE AND IT SHOULD COME AS YOUR RECOMMENDATION. SO, COMMISSIONERS, I'M GOING TO REPEAT AGAIN THE MOTION THAT OR THE REQUEST IS BEFORE US. AND THEN I'LL ENTERTAIN A MOTION. SO. THE. THE PROPOSAL IS TO APPROVE THE PLANNED DEVELOPMENT DISTRICT REQUEST BY THE APPLICANT WITH THE FOLLOWING AMENDMENTS. 1 OR 1 GRASS CREEK ALONG HIGHWAY 67 FROM 300 TO 400FT. THAT IT'S SUBSTANTIALLY APPLIES. BUILDING ARTICULATION SUBSTANTIALLY APPLIES TO 4.03 B, AND THAT THE PROPERTY IS RE PLATTED IN ACCORDANCE WITH REGULATIONS. I'LL ENTERTAIN A MOTION TO APPROVE. I MOVE TO APPROVE. SECOND. THANK YOU.
MADAM SECRETARY, WILL YOU DO A ROLL CALL FOR THE VOTE, PLEASE? YES, MA'AM. YOLANDA. COLUMBUS.
HI. ERICA BROWNING, I, ALIAS RODRIGUEZ. YES, D BAILEY. WIN. YES. BRENDA O'BRIEN. NAY.
STEPHANIE. CHAMPAGNE. I MOTION PASSES 5 TO 1. THANK YOU. BY THE WAY, THE PROPERTY IS PLATTED. WE JUST MOVING THE LINE TO MATCH THE, YOU KNOW, THE DRIVEWAY. THANK YOU SO MUCH. THANK YOU ALL. MOVING ON TO ITEM NUMBER FIVE, WHICH IS TO DISCUSS MEETING FREQUENCY STAFF. DO YOU
[5. Discuss Meeting Frequency.]
HAVE. YES. THIS IS SOMETHING THAT WE DISCUSSED BEFORE. AND TONIGHT WAS CERTAINLY A PERFECT EXAMPLE OF WHY THERE'S A NEED TO HAVE TWO TWO MEETINGS PER MONTH AND INCREASE THE FREQUENCY OF THE MEETING SCHEDULE. AS MENTIONED BEFORE, YOU KNOW, IF IT'S A SITUATION WHERE THERE IS NOTHING ON THE AGENDA, WE CAN DEFINITELY CANCEL IT, CANCEL THAT ADDITIONAL MEETING, BUT NOT BE IN A SITUATION WHERE, AS THIS EVENING, IN AN EFFORT TO KEEP THE PROJECT MOVING FORWARD, WE HAD TO CALL, CALL A SPECIAL MEETING AND SEE IF THERE WAS IF THERE WAS ENOUGH COMMISSION MEMBERS AVAILABLE TO HAVE A QUORUM TO PROCEED. I'VE HAD THIS CONVERSATION WITH OUR CITY ATTORNEY, AND HE SHARED WITH ME THAT THAT'S THAT'S PRETTY COMMON PRACTICE FROM A NUMBER OF THE COMMUNITIES THAT HE REPRESENTS. AND BY GOING TO A TWO MEETING A MONTH SCHEDULE, WE CAN ALSO HAVE THAT MEETING SCHEDULE PUBLISHED. AND THERE'S A LOT MORE PREDICTABILITY WITH OUR APPLICANTS. AND SHOULD THEY MISS A SUBMITTAL DEADLINE, WE CAN ALWAYS SAY THAT THERE'S ANOTHER MEETING IN TWO WEEKS, AS OPPOSED TO WHAT WE'RE DOING RIGHT NOW IS TELLING THEM IT'S EITHER A WAIT FOR 30 DAYS OR LET'S SEE IF WE CAN CALL A SPECIAL MEETING AND THEN IF THAT'S POSSIBLE. SO AT[01:15:01]
THIS TIME, WE HAVEN'T ESTABLISHED WHAT THAT MEETING SCHEDULE WOULD LOOK LIKE. WE STILL HAVE TO DO SOME RESEARCH, BUT WE WOULD LIKE TO GO AND MOVE TO A TWO MEETING A MONTH SCHEDULE THAT. WE WOULD HOPE TO DO THAT WITHIN THE NEXT 30 TO 45 DAYS. AND WE HAVE TO DO THE RESEARCH AND SEE THAT IF WE GO WITH A22 MEETING A MONTH SCHEDULE, THAT IS NOT WITH CONFLICT WITH OTHER MEETINGS THAT ARE BEING HELD IN THIS ROOM OR RECORDING. SO WE WOULD HAVE TO PROCEED WITH SOME SOME CAUTION BEFORE MAKING RECOMMENDATIONS. YES, I HAVE A QUESTION. SO IF YOU LOOK PAST IF YOU LOOK BACK OVER THE LAST FEW MONTHS, WE'VE HAD A MEETING CANCELED LAST THE LAST MEETING THAT WE HAD TO BE FAIR, THAT WAS CHANGED TO TONIGHT BECAUSE STAFF WAS NOT PREPARED AND WE'VE REGULARLY HAD MEETINGS WITH JUST ONE AGENDA ITEM. SO I JUST I'M NOT SURE THAT I SEE THE NECESSITY FOR IT. AND WE ALL. AGREED TO THIS APPOINTMENT KNOWING THAT WE HAD ONE MEETING A MONTH. SOME OF US HAVE OTHER THINGS GOING ON OTHER MONDAYS OR, YOU KNOW, I JUST I DON'T SEE THE NEED FOR IT. MAYBE YOU CAN CONVINCE US AS TIME GOES ON. BUT THOSE ARE MY COMMENTS. NO, THAT'S OKAY. LIKE I SAID, I APPRECIATE THAT. I'VE GOT A MAYBE A SUGGESTION THAT MAY OR MAY NOT HELP, BUT, YOU KNOW, EVERYBODY HAS WE HAVE A LOT OF PERSONAL THINGS GOING ON. I'M SURE EVERYBODY DOES. AND IT GETS REALLY HECTIC. BUT MAYBE WE COULD PROBABLY SCHEDULE SOME VOLUNTARY TRAINING OR COORDINATION, MAYBE NOT EVERY MONTH, BUT MAYBE EVERY TWO MONTHS, BECAUSE I THINK THERE'S A LOT OF TIMES THAT WE KIND OF GET LOST IN TRANSLATION WITH EVEN OUR OWN ZONING STANDARDS, AND WE'RE HAVING TO PUT A LOT OF PRESSURE ON, ON STAFF OR EVEN BETWEEN US TRYING TO FIGURE OUT WHAT'S GOING ON. SO, I MEAN, I THINK FROM A SUGGESTION STANDPOINT, IF EVERYBODY AGREES AND I AGREE, I MEAN, I HAVE A PERSONAL LIFE TOO. AND I YOU KNOW, I THINK THAT'S SOMETHING THAT WE MAY WANT TO ENTERTAIN AS OPPOSED TO COMMITTING TO TWICE A MONTH, BECAUSE THAT'S SHE'S RIGHT. I MEAN, IT'S LIKE WE HAVE ONE ITEM, TWO ITEMS. I DON'T KNOW IF THAT'LL WORK FOR US. SO, SURE, A COUPLE A COUPLE OF ITEMS ON THE TRAINING POINTS. WE'RE ACTUALLY WORKING ON GETTING TRAINING SCHEDULED HERE WITHIN THE NEXT 30, 30 DAYS WITH OUR PLANNING CONSULTANTS. OLSON. I HAD SHARED WITH YOU A COUPLE OF WEEKS BACK THAT I WANTED TO TAKE THE TRAINING TO THE NEXT LEVEL, IF YOU WILL, AND MAYBE AS PART OF THAT TRAINING, HAVE A COUPLE OF WHAT I WOULD DESCRIBE AS MOCK HEARINGS THAT WE CAN GO THROUGH THAT ARE, YOU KNOW, A GOOD WAY OF PROVIDING THE TRAINING ON WHEN TO OPEN THE PUBLIC HEARING, WHEN TO CLOSE ALL THE MOTIONS, AND REALLY KIND OF PUT THINGS INTO PRACTICE AS TO WHEN TO BRING THE PUBLIC TO THE PODIUM AND SWEARING IN AND ALL OF THAT, AND THROUGH THAT, THEN ESTABLISH A FORMAL RULES OF RULES OF PROCEDURE FOR THE FOR THE COMMISSION, AND ONE THAT WE WOULD MAKE AVAILABLE TO THE PUBLIC AS WELL. SO THOSE MEMBERS OF THE PUBLIC THAT COME TO THE MEETING IN RESPONSE TO ANY SPECIFIC ITEM, THEY UNDERSTAND THE FLOW OF THE MEETING AND WHEN, WHEN DURING THE COURSE OF THE MEETING, THEY ARE ABLE TO PARTICIPATE IN THE PROCESS.THAT'S ONE ITEM. THE OTHER ONE WAS AS FAR AS THE MEETING SCHEDULE IS CONCERNED AND THE FREQUENCY RIGHT NOW THE ORDINANCE AS IS CURRENTLY STRUCTURED IS THAT THERE'S LANGUAGE IN THERE THAT TALKS ABOUT THE CITY COUNCIL NOT BEING ABLE TO TAKE ANY ACTION ON ANY ZONING MATTERS UNTIL THEY RECEIVE A FORMAL, FORMAL REPORT FROM THE PLANNING AND ZONING COMMISSION BEFORE THAT'S BROUGHT FORWARD. AND I'VE ASKED OUR ATTORNEY EXACTLY TO SHARE WITH ME WHAT THAT MEANS AND HOW THAT THAT IS TO BE BROUGHT FORWARD WITH PETITIONS. AND YOU SHARED WITH ME THAT, YOU KNOW, ONE WAY OF ADDRESSING THAT IS TO HAVE THAT REFERENCE IN THE STAFF REPORT, WHICH WE'RE CURRENTLY DOING, AND PROVIDING A QUICK SUMMARY OR A QUICK RECAP OF WHAT TRANSPIRED IN IN THE PUBLIC HEARING. SO, FOR EXAMPLE, WITH THE PETITION THAT WE HAD THIS EVENING, WHEN WE CONDUCT THE PUBLIC HEARING AT THE CITY COUNCIL LEVEL, AS PART OF THE STAFF REPORT, I WOULD SHARE WITH, YOU KNOW, I WOULD SHARE WITH THE CITY COUNCIL THE NUMBER OF PUBLIC HEARINGS THAT WERE HAD FOR THIS PARTICULAR ITEM, AND SOME OF THE QUESTIONS AND CONCERNS THAT WERE RAISED BY THE PLANNING AND ZONING COMMISSION. AND I WOULD CLOSE WITH PROVIDING WITH PROVIDING THEM WITH THE OUTCOME OF THAT HEARING, MEANING THE VOTES. THAT'S ONE WAY OF DOING IT, THE OTHER WAY THAT I'VE MOST ACCUSTOMED TO IS BEFORE CITY COUNCIL TAKES
[01:20:03]
ACTION, IS FOR THE PLANNING AND ZONING TO APPROVE THE MEETING MINUTES OF THAT SPECIFIC PUBLIC HEARING DATE AND APPROVE WHAT I'M WHAT I DESCRIBE AS THE FINDINGS OF FACT OR THE STANDARDS FOR APPROVING THAT SPECIFIC REQUEST. AND SO NOW WHEN YOU BRING THAT FORWARD, THERE IS AN OFFICIAL REPORT THAT INCLUDES THE APPROVAL OF THE STANDARDS OR CONDITIONS OF THAT ZONING RELIEF, AS WELL AS THE MEETING MINUTES THAT ARE BROUGHT FORWARD TO THE CITY COUNCIL AND THE CITY COUNCIL AT THAT LEVEL CAN THEN ACCEPT, ACCEPT THE PLANNING AND ZONING COMMISSION'S FINDINGS AND RECOMMENDATIONS, AND THEN THEY CAN PROCEED WITH THEIR PUBLIC HEARING. THAT'S THE STRUCTURE THAT I'M MOST ACCUSTOMED TO. BUT OUR CITY ATTORNEY DID SHARE THAT. ANOTHER WAY OF DOING IT WOULD BE TO PROVIDE JUST A QUICK SUMMARY IN THE STAFF REPORT, BECAUSE SOMETIMES THE MEETING MINUTES ARE NOT AVAILABLE AT THE TIME THAT THE PUBLIC THAT THE PUBLIC HEARING IS HELD AT THE CITY COUNCIL LEVEL. SO IT'S THE BEST THAT WE CAN DO GIVEN THE CIRCUMSTANCES. BUT THE BEST CASE SCENARIO WOULD BE TO PROVIDE THE CITY COUNCIL WITH AN OFFICIAL COPY OF THE APPROVED MEETING MINUTES AND THE FINDINGS, I THINK ON OUR END, JUST REAL QUICK ON, YOU KNOW, FINISH UP. I'M SORRY, BUT I THINK ZONING STANDARDS, DEFINITIONS AND PERMITTED USES WOULD BE HELPFUL BECAUSE WE'VE HAD A TURNOVER IN APPOINTEES ON THIS BOARD. AND I WAS JUST TALKING TO COMMISSIONER NGUYEN. SHE'S BEEN HERE FOR YEARS. I'M ON FIVE YEARS. I THINK I GOT A ONE YEAR LIMIT AND I'M OUT, BUT I THINK I'M IN THE INDUSTRY AND THAT'S WHAT I DO.SO I'M FAMILIAR WITH A LOT OF ACRONYMS AND A LOT OF TECHNICAL INFORMATION THAT GOES BACK AND FORTH. BUT I THINK A SOME OF MY COLLEAGUES DON'T HAVE THAT BECAUSE THEY COME FROM WE COME FROM DIFFERENT AREAS, YOU KNOW, EVERYBODY'S, YOU KNOW, HEALTH AND REAL ESTATE AND ALL KINDS OF DIFFERENT AREAS. AND THEY DON'T WE DON'T UNDERSTAND THE ENTIRE SCOPE OF THIS P AND Z. AND SOMETIMES THEY GET CONFUSED. AND BECAUSE THE INFORMATION I KNOW THE INFORMATION IS THERE BECAUSE I LOOK AT IT EVERY DAY, I WORK AT DIFFERENT JURISDICTIONS. BUT, YOU KNOW, THE ZONING STANDARDS DEFINITION, PERMITTED USES. THAT'S PRETTY MUCH BASIC INFORMATION THAT WHEN THEY GET A CASE, THEY CAN ACTUALLY SEE, OKAY, WELL, AT LEAST I KNOW WHAT THE PERMITTED USE IS FOR THIS SPACE IS. AND THEY'RE CHANGING FROM A TO B. AND IT KIND OF GIVES THEM A BETTER PERSPECTIVE OF WHAT DIRECTION, WHAT POSITION THEY TAKE AND MAKE A GOOD, SOLID DECISION BASED UPON BUILDING CODES, ZONING STANDARDS FOR THAT PARTICULAR PROJECT. SO, I MEAN, I THINK THAT'S PART OF THE TRAINING THAT WE SHOULD ALSO ENTERTAIN. YES. AND THAT'S PART OF WHAT WE WANT TO DO. BUT IF WE WANT TO ENTERTAIN, GOING INTO WHAT I WOULD DESCRIBE AS A MORE FORMALIZED STRUCTURE BY DOING GOING THROUGH THE STANDARDS OR CONDITIONS OF APPROVAL, WE WOULD HAVE TO DO THAT BEFORE THE MOTION IS MADE, EITHER TO APPROVE OR DENY. AND THEN MY RECOMMENDATION WOULD BE TO HAVE THAT THEN FORMALLY DOCUMENTED AND BROUGHT BACK FOR YOUR APPROVAL BEFORE THEY TAKE INTO THE TO THE PLANNING AND ZONING. EXCUSE ME, TO THE CITY COUNCIL, BUT IF THIS IS SOMETHING THAT WE WANT TO DO, THEN YES, WE WOULD UNFORTUNATELY HAVE TO INCREASE THE MEETING SCHEDULE TO DO THAT.
OTHERWISE, IF WE'RE DOING IT 30 DAYS FROM TODAY, FOR EXAMPLE, THEN THAT ONLY DELAYS THE APPROVAL OF THE APPLICATION. BUT YES, I DON'T I DON'T DISAGREE WITH YOU, WITH COMMISSIONER RODRIGUEZ, THAT IT'S VERY IMPORTANT TO SHARE THE PARAMETERS, IF YOU WILL, OF A SPECIFIC ZONING RELIEF AND SHARE WITH YOU UNDER WHAT PARAMETERS OR UNDER WHAT CIRCUMSTANCES CAN A SPECIFIC ZONING RELIEF BE APPROVED OR DENIED. AND IT'S ONLY WITHIN THOSE PARAMETERS THAT YOU CAN APPROVE OR DENY AND NOT IN A SITUATION. SAY, FOR EXAMPLE, THAT YOU LIKE THE APPLICANT OR YOU DISLIKE THE APPLICANT, OR YOU DISLIKE THE END USE. IT'S NOT ABOUT THAT.
THE ZONING ORDINANCE HAS VERY SPECIFIC PARAMETERS FOR EACH SPECIFIC ZONING RELIEF THAT MUST BE MUST BE ADHERED TO. AND THESE PLANNING AND ZONING COMMISSION MUST AGREE THAT THOSE CONDITIONS HAVE BEEN MET BEFORE RECOMMENDING APPROVAL OR DENIAL. THAT IS, IF YOU WILL, THE BASIS FOR APPROVAL, APPROVING OR DENYING AN APPLICANT. SO WHENEVER THERE IS AN APPLICATION, AN APPLICANT THAT ASKS WHAT ARE THE BASES, WHAT'S THE BASIS, WHAT ARE THE STANDARDS FOR BEING APPROVED OR DENIED AT A STAFF LEVEL, WE CAN ALWAYS, WITH CONFIDENCE, SHOW THEM TO THE ZONING ORDINANCE THAT THESE ARE THIS IS THE CRITERIA. IF YOU MEET THE CRITERIA, YOU'RE MORE LIKELY THEN YOU HAVE A ROUGH IDEA OF THE OUTCOME. IF YOU AND NORMALLY WHAT I'VE DONE IN THE PAST IS THAT I WILL GIVE THE APPLICANT THE CRITERIA TO FILL OUT FOR
[01:25:02]
THEMSELVES AS AN EXERCISE, AND THAT WILL PROVIDE THAT AS PART OF THE PACKET. SO YOU HAVE THE OPPORTUNITY TO REVIEW THE APPLICANT'S RESPONSE TO THOSE STANDARDS, AND YOU CAN DETERMINE WHETHER YOU AGREE OR NOT. BUT I HAVE FOUND THAT GOING THROUGH THAT EXERCISE WITH THE APPLICANT IS EXTREMELY HELPFUL BECAUSE AS THE APPLICANT GOES THROUGH THAT EXERCISE BEFORE THEY SUBMIT THE APPLICATION, THEY HAVE PRETTY MUCH A GOOD SENSE OF WHETHER OR NOT THEIR REQUEST IS GOING TO BE APPROVED OR DENIED. I HAVE A SUGGESTION. ONE OF THE THINGS THAT HAS WORKED AS A HEALTH CARE PERSON, YOU KNOW, IF WE HAVE NEW EMPLOYEES, I CAN EASILY ACTUALLY RECORD SOME INFORMATION. AND SO IF I HAVE CASE STUDIES OF PATIENTS WHO HAVE A CERTAIN ILLNESS, AND I TAKE THAT AND I TALK ABOUT IT, AND THEN I SAY, WHAT'S THE DIAGNOSIS? WHAT MEDICATION DO YOU GIVE? WHAT LEVEL OF TRAUMA IS THIS. AND SO PERHAPS I KNOW THAT YOU'RE SORT OF SHORT ON STAFF FOR THE TIME BEING, BUT TO JUST HAVE JUST AS YOU'RE SAYING, YOU GIVE THE APPLICANTS THAT PAPER AND SAY, HEY, GO AHEAD AND FILL IT OUT YOURSELF BECAUSE THIS IS TRAINING, BECAUSE THIS, AS YOU MENTIONED, LIKE A CASE STUDY, SO THAT IF ONE OF THE STAFF CAN ACTUALLY GO THROUGH A, YOU KNOW, A HYPOTHESIZED, YOU KNOW, EVENT AND THEN SAY, THIS IS PRETEND LIKE YOU HAVE ONE STAFF PERSON SAY, OKAY, YOU'RE HERE, YOU'RE STANDING, YOU'RE TALKING, YOU HAVE, YOU KNOW, YOU'RE PRESENTING A PLAN, YOUR CONCEPTUAL PLAN. THIS IS WHAT THIS MEANS. AND SO THIS WHEN YOU WANT TO DO THIS, THIS IS WHAT THAT MEANS. AND YOU'RE HAVING A CONVERSATION AND THAT'S SOMETHING YOU CAN, YOU KNOW, YOU CAN KEEP EVERY TIME A NEW PERSON COMES, THEY CAN JUST GO AND, YOU KNOW, REVIEW ONE OF THOSE TAPES THAT YOU HAVE OR HOWEVER YOUR CDS OR HOWEVER YOU HAPPEN TO WANT TO GIVE IT. AND THEN THAT WAY YOU ALWAYS, YOU KNOW, THEY'RE ALWAYS UP TO DATE.BECAUSE IF YOU FORGET SOMETHING, YOU'RE OUT FOR A WHILE. YOU STILL CAN GO BACK AND WATCH THAT AND THEN REALLY BE COGNIZANT OF ALL THE TERMS AND THE INFORMATION THAT'S NEEDED. YES.
AND THAT'S ONE OF THE BENEFITS OF HAVING THESE MEETINGS RECORDED THAT YOU COULD ALWAYS REFER BACK TO THEM. AND SO THE TRAINING SESSION WILL BE RECORDED. AND THAT WILL ALSO BE PROVIDE A STAFF WITH AN OPPORTUNITY TO KIND OF TAKE IT AS A REFRESHER COURSE AS NEEDED.
BUT ALSO WHEN WE GO THROUGH THE TRAINING, WE WILL ALSO HAVE AN OPPORTUNITY TO CREATE THE RULES OF PROCEDURES OR WHAT I WOULD DESCRIBE AS THE MEETING SCRIPT, SO THAT IF THERE IS ANY EVER A MOMENT WHERE WE STRUGGLE WITH THE MOTIONS OR THE PROTOCOL OF MEETING THAT WE CAN KIND OF HELP EACH OTHER IN GUIDING OURSELVES AND ASSISTING OURSELVES WITH GOING THROUGH THE NECESSARY MOTIONS AND THE ROLL CALLS WHEN THEY'RE MOST APPROPRIATE? WELL, I'M JUST BRINGING IT UP JUST SO THAT IT WOULDN'T BE AN TIME WHERE THIS IS AN EXTRA MEETING. THIS IS THINGS THAT YOU CAN DO ON YOUR OWN AT HOME, JUST LIKE WITH ANY OTHER LEARNING PROCEDURE. YES, BUT I DON'T DISAGREE WITH YOU. BUT IN ORDER TO GET THERE, WE HAVE TO GO THROUGH THE PROCESS OF THE TRAINING AND DO THE HEAVY LIFTING ON THE FRONT END. SO MAKE IT EASIER ON THE BACK END.
BUT SETTING ASIDE THE TRAINING, IT'S JUST AND THE RULES OF PROCEDURES AND THE APPROVAL OF THE OF THE STANDARDS RIGHT NOW, AS I SEE IT, THE COMMISSION MEETS. AND TRUST ME, I DON'T WANT TO ADD ANOTHER EVENING MEETING ONTO MY TO MY SCHEDULE. AND I DON'T THINK MY WIFE WANTS TO HEAR THAT I HAVE ANOTHER ANOTHER MEETING. BUT BUT I WILL SHARE THIS WITH YOU, THAT WHEN WE'RE MEETING WITH AN APPLICANT, IT'S ALWAYS EASIER TO TELL THEM. THE COMMISSION CONDUCTS BUSINESS TWICE A MONTH AND ONLY ONCE A MONTH. AND IF FOR WHATEVER REASON, THEY MISSED THE SUBMITTAL DEADLINE THAT THEY DON'T HAVE TO WAIT ANOTHER 30 DAYS FOR ANOTHER SCHEDULED MEETING, OR FOR THAT MATTER, HAVE TO SEE IF THERE IS AN OPPORTUNITY TO ACCOMMODATE FOR A SPECIAL MEETING. SO, LIKE I SAID, I TRUST ME. I DON'T LIKE THE IDEA OF HAVING ANOTHER MEETING ADDED ON TO MY CALENDAR OF MEETINGS, BUT REALLY WEARING MY ECONOMIC DEVELOPMENT HAT ON, IT'S JUST IT'S BUSINESS FRIENDLY AS I SEE IT. IT'S ALWAYS EASIER TO TELL SOMEONE THAT THE BOARD CONDUCTS. EXCUSE ME. THE COMMISSION HAS TWO MEETINGS SCHEDULED A MONTH, AND IF THERE'S NOTHING TO MEET FOR THAT EVENING, THEN THE MEETING IS CANCELED. BUT IT'S EASIER TO TELL THEM. YEAH. IN TWO WEEKS, THE COMMISSION WILL MEET AGAIN, AS OPPOSED TO 30 DAYS. QUICK QUESTION. AND THIS IS GOING BACK TO SOMETHING THAT WAS SAID EARLIER WHEN YOU INITIALLY WHEN YOU FIRST STARTED TALKING ABOUT MEETINGS, YOU USE THE MEETING FREQUENCY. YOU SAID IF THERE WAS NOTHING ON THE AGENDA, WE COULD CANCEL IT. AND THEN AT SOME POINT YOU ALSO SAID THAT IT WAS BENEFICIAL FOR US TO APPROVE THE MINUTE MEETING MINUTES SO THAT IT COULD BE PRESENTED TO THE CITY COUNCIL. SO IF ALL THAT'S ON THE AGENDA IS APPROVING MEETING MINUTES, IS THAT AN ITEM AGENDA WHERE YOU'RE SAYING IT WOULD BE SIGNIFICANT ENOUGH FOR US TO HAVE A MEETING? YES. AND THAT'S AN AREA. SO, FOR EXAMPLE, LET ME JUST WALK YOU THROUGH A HYPOTHETICAL SCENARIO RIGHT NOW.
[01:30:02]
RIGHT NOW, THE PLANNING AND ZONING COMMISSION MEETS ON THE SECOND MONDAY OF EVERY MONTH. SO LET'S JUST SAY THAT WE ASSUME THAT THERE ARE NO CONFLICTS WITH MEETING ON THE FOURTH MONDAY OF EVERY MONTH. SO NOW WE INCREASE THE MEETING THE MEETING FREQUENCY TO TWICE A MONTH. AND THE MEETINGS ARE NOW HELD ON THE SECOND AND FOURTH MONDAY OF EVERY MONTH. IN A SCENARIO LIKE THIS EVENING, WHERE THE PLAN DEVELOPMENT WAS WAS APPROVED, SUBJECT TO CONDITIONS, WHAT WE WOULD DO AFTERWARDS IS PREPARE THE MEETING MINUTES AND THE FINDINGS OR THE STANDARDS FOR APPROVAL OF THIS REQUEST AND BRING IT BACK IN TWO WEEKS AS AN ITEM ON THE AGENDA, ON TOP OF ANY OTHER BUSINESS THAT MAY BE ON IT WOULD BE APPROVED. AND THEN AT THAT POINT, WE THEN SCHEDULE THE PUBLIC HEARING BEFORE THE CITY COUNCIL. THANK YOU. SECOND COMMENT NOT REALLY A QUESTION IN TERMS OF CONTENT FOR TRAINING AND CASE STUDIES. I BELIEVE THE MEETINGS HAVE BEEN BEING RECORDED AT LEAST SINCE I'VE BEEN HERE, AND SO THERE ARE LIKELY TO BE EXAMPLES OF VERY GOOD ONES AND EXAMPLES OF NEVER DO THAT AGAIN. AND SO I BELIEVE WE HAVE THE CONTENT THAT COULD BE PARSED FOR TRAINING FOR NEW MEMBERS, EVEN WITHOUT HOLDING MORE FACE TO FACE MEETINGS TO RECORD. THAT'S COMMENT. THANK YOU COMMISSIONERS, ANY MORE QUESTIONS FOR STAFF? I HAVE A QUESTION ONE, I GUESS A COMMENT AND THAT IS ON THE BOARD THAT I WAS ON FOR THE LAST 12 YEARS WITH THE GOVERNOR. WE DIDN'T ALWAYS WE HAD TO HAVE QUORUM JUST LIKE THIS, BUT OFTEN WE DID OUR AS LONG AS THE CHAIR. THE REGULATION SAID THAT THE CHAIR HAD TO BE PRESENT. I'M SORRY, BUT THE OTHER PEOPLE COULD ACTUALLY BE ON ZOOM. SO WHAT WHAT IS IT THAT KEEPS THIS BOARD FROM ACTUALLY MEETING VIA ZOOM? TEXAS OPEN MEETINGS ACT TEXAS OPEN MEETINGS ACT REQUIRES A QUORUM TO BE PRESENT TO HAVE A VIDEO CONFERENCE. WELL, WE HAVE VIDEO CONFERENCE, BUT IT DOESN'T APPLY TO THE STATE. IT ONLY APPLIES TO US. SOME STATE AGENCIES HAVE TO COMPLY WITH IT.I'M JUST TELLING YOU WHAT THE LAW SAYS. THE LAW SAYS THAT THE PLANNING AND ZONING COMMISSION, STATEWIDE HEALTH COORDINATING COUNCIL, HAD TO HAVE A QUORUM, AND THAT ONE WE ABIDED BY THE TEXAS OPEN MEETING LAW. AND THAT'S HOW WE ACTUALLY, ESPECIALLY DURING THE PANDEMIC, THERE HAS TO BE A QUORUM PRESENT AT THE SITE OF THE MEETING. THREE MEMBERS CAN PARTICIPATE BY VIDEO CONFERENCE, AS LONG AS THEY CAN BE SEEN BY THE REST OF THE MEMBERS OF THE THIS BODY AND THE PUBLIC. THOSE ARE THE RULES FOR MUNICIPALITIES AND ITS SUBDIVISIONS. I KNOW SOME STATE AGENCIES HAVE SOME SPECIAL RULES, SO. THEY ARE YOU COMPLETE. YOU'RE NOT COMPLETE.
ARE YOU? OKAY. SO AS AS IT RELATES TO THE MEETING FREQUENCY AT THIS, AT THIS POINT IN TIME, WE'RE NOT ASKING THE COMMISSION TO TAKE ANY FORMAL ACTION. JUST WANTED TO HAVE ADDITIONAL DISCUSSION ABOUT IT AND WHY THE NEED. I'LL START DOING SOME RESEARCH AND I'LL ACTUALLY SEND YOU A COPY OF THE OF THE ORDINANCE ESTABLISHING THE PLANNING AND ZONING COMMISSION AND THE LANGUAGE THAT I REFERENCE ABOUT A REPORT, JUST TO KIND OF SHOW YOU WHERE I'M COMING FROM AND JUST GIVE YOU AN OPPORTUNITY TO JUST KIND OF GO THROUGH THAT AND THINK ABOUT IT.
AND LIKE I SAID, I'LL I'LL DO MORE RESEARCH AND SUGGEST IF WE WERE TO GO TO TWO MEETINGS A MONTH, WHAT THAT WOULD LOOK LIKE DAY AND TIME, I WOULD IMAGINE RIGHT NOW OFF THE TOP OF MY HEAD THAT THE TIME WOULD REMAIN THE SAME. WHAT I'M NOT SURE ABOUT AT THIS POINT IN TIME, IF IT WOULD BE CONTINUE TO BE MONDAYS OR ANOTHER DAY IN THE WEEK, THAT I STILL HAVE TO DO THE RESEARCH ON. I HAVE ONE ONE OTHER COMMENT REGARDING THAT, AND THAT IS ONE OF THE REASONS FOR IT. YOU YOU CITED WAS TO HAVE THE MEETING MINUTES APPROVED AND AVAILABLE FOR CITY COUNCIL. CORRECT. AND UP UNTIL VERY RECENTLY, MEETING MINUTES WEREN'T EVEN AVAILABLE FOR MONTHS ON END. AND JUST I LOOKED JUST BEFORE I CAME. AND THE MOST RECENT MEETING MINUTES THAT ARE ONLINE ARE FROM JANUARY, SO I'M JUST NOT SURE HOW THAT WOULD FIX THINGS IF WE'RE NOT. IF WE'RE STILL NOT GETTING MEETING MINUTES DONE IN A TIMELY FASHION. WELL, WHAT I COULD SHARE WITH YOU THAT THAT THE REASON BEHIND THAT IS COMPLICATED. THERE ARE A NUMBER OF DIFFERENT, DIFFERENT FACTORS.
ONE, I WOULD SAY THAT IT'S IN PART TO JUST THE FREQUENCY OF THE COMMISSION MEETING. AGAIN, 30 DAYS. YOU HAVE TO KEEP IN MIND THAT YOU HAVE TO PUT THAT ON THE ON THE AGENDA. AND IF STAFF FORGETS IT DOESN'T GET ON AND THEN IT'S DELAYS ANOTHER 30 DAYS BEFORE IT GETS APPROVED AND
[01:35:05]
THEN POSTED. BUT I, I COULD GO ON AND ON AS TO WHY THAT HAPPENS. BUT AGAIN, NOT TO SAY THERE'S ONE SPECIFIC REASON AS TO WHY THAT HAS HAPPENED, BUT MOVING FORWARD, IF THE COMMISSION ENTERTAINS THIS, THERE WOULD BE WHAT I WOULD CONSIDER MORE PREDICTABILITY, BECAUSE YOU HAVE A SITUATION WHERE EVERY TWO WEEKS YOU'RE APPROVING THE MEETING MINUTES AND SHORTLY THEREAFTER THEY'RE GETTING POSTED. JUST PUT THAT OUT THERE. I'M NOT SAYING THAT THAT IS THE END ALL SOLUTION. BUT AGAIN, NOW THAT PUTS US IN A SITUATION WHERE YOU'RE MEETING FREQUENTLY, YOU'RE READING REGULARLY, AND THEY'RE BEING APPROVED, AND THERE SHOULD BE NO REASON WHY SHORTLY THEREAFTER THEY'RE NOT BEING POSTED. THANK YOU. THANK YOU COMMISSIONERS.[6. Discuss Comprehensive Plan Update.]
SEEING NO FURTHER QUESTIONS. MOVING ON TO ITEM NUMBER SIX, THE COMPREHENSIVE PLAN. YES. I WANTED TO SHARE WITH YOU THAT OUR GOAL IS TO HAVE THE COMPREHENSIVE PLAN APPROVED BY CITY COUNCIL LATER THIS, LATER THIS YEAR IN OCTOBER. BUT BEFORE THAT, WE HAVE A SERIES OF PUBLIC MEETINGS THAT WE HAVE TO HAVE, INCLUDING A MEETING WITH THE PLANNING AND ZONING COMMISSION WITH WITH SHARING YOU THE FINAL DOCUMENTS. BUT EVEN BEFORE THAT HAPPENS, WHAT WE'RE GOING TO DO IS LET YOU HAVE THE ABILITY TO REVIEW IT AND PROCESS EVERYTHING THAT'S IN THERE BEFORE GIVING IT TO YOU, SAY, DAYS IN ADVANCE OF THE MEETING. BECAUSE IT'S A LENGTHY DOCUMENT. THERE'S A LOT OF GOALS, OBJECTIVES, THERE'S AN IMPLEMENTATION DATE. SO IT'S JUST IT'S A LOT TO GO OVER IN A MATTER OF A FEW DAYS BEFORE, BEFORE A MEETING AND THEN BE ASKED TO TAKE A ARE ASKED TO MAKE A MOTION TO ACCEPT AND APPROVE IT AND KEEP GOING WITH THE APPROVAL PROCESS. SO AS MORE INFORMATION BECOMES AVAILABLE, I WILL SHARE THAT WITH YOU. AND AS SOON AS WE HAVE A FINAL DRAFT OF THE. I WILL SHARE THAT WITH YOU AND GIVE YOU THE LINK SO YOU CAN START REVIEWING IT IN ADVANCE OF IT COMING BEFORE YOU FOR APPROVAL. THANK YOU COMMISSIONERS. ANY QUESTIONS? SEEING NO QUESTIONS I WOULD ENTERTAIN. I WILL ENTERTAIN A MOTION TO ADJOURN.COULD I GET A SECOND? SECOND? MOTION TO ADJOURN? MADAM SECRETARY, ROLL CALL, PLEASE.
YES, MA'AM. YOLANDA COLUMBUS EYE ERICA BROWNING, EYE ELIAS RODRIGUEZ. YES, D BAILEY. WIN.
YES. BRENDA O'BRIEN. YES. STEPHANIE. CHAMPAGNE. I THANK YOU. MOTION PASSES
* This transcript was compiled from uncorrected Closed Captioning.