* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] ALL [ Call Meeting to Order] RIGHT. UH, I CALL THE MEETING TO ORDER. PLEASE STAND UP FOR THE PLEDGE. I PLEDGE UNITED STATES OF AMERICA AND THE, THE REPUBLIC FOR WHICH STANDS NATION INDIVIDUAL LIBERTY AT ALL. ALL RIGHT, SO [ EXECUTIVE SESSION Closed (Executive) Session of the Addison City Council pursuant to: Section 551.074, Tex. Gov. Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, pertaining to: City Manager Selection Process Update] WE'RE GOING TO HAVE A CLOSE EXACT SESSION OF THE CITY COUNCIL PURSUANT TO SECTION 5 51 7 4 TEST, GOVERNMENT CODE TO DELIVERY, THE APPOINTMENT, EMPLOYMENT EVALUATION, RE ASSIGNMENT, DUTIES, DISCIPLINE, OR OF PUBLIC OFFICER OR INTO CITY MANAGER SELECTION PROCESS RIGHT NOW IS 5:32 PM WE ARE [ REGULAR MEETING OF THE CITY COUNCIL October 11, 2022 ADDISON TREEHOUSE 14681 MIDWAY RD. SUITE 200, ADDISON, TX 75001 5:30 PM EXECUTIVE SESSION 7:30 PM REGULAR MEETING Notice is hereby given that the Addison City Council will conduct a Regular Meeting on Tuesday, October 11, 2022 at the Addison TreeHouse. Email comments may be sent to iparker@addisontx.gov by 3:00 pm the day of the meeting. The meeting will be live streamed on Addison's website at www.addisontexas.net.] ALL RIGHT. RIGHT NOW IT'S 7:55 PM WE ARE EXITING THE EXECUTIVE SESSION. THERE'S NO ACTION TAKEN. [ Announcements and Acknowledgments Regarding Town and Council Events and Activities Discussion of Meetings / Events] ALL RIGHT. UH, ELECTRIC INVITE. INTERIM CITY MANAGER. HOW GIE BOARD TO SAY OF YOUR WORDS? EXCUSE ME. COUNT COUNCIL. THANK YOU. UH, ADDISON, AFTER DARK HARVEST IS THIS SATURDAY AT, UH, 7:00 PM ADDISON CIRCLE PARK, AND WE ENCOURAGE EVERYONE TO MAKE PLANS TO JOIN US. THIS EVENT OFFER, UH, FAMILY FRIEND AT ACTIVITIES INCLUDING A C A RIDE HEADING ZOO AND LIVE MUSICAL PERFORMANCES. AND YOU CAN ENJOY DELICIOUS FOOD AND BEVERAGES FROM LOCAL FOOD FRONT AND DESSERT SNACKS. SO YOU SHOULD PUT ON YOUR, UH, FAVORITE OLIVE CUSTOM RING THE BLANKET OR LAWN CHAIR, AND GET READY FOR AN UNFORGETTABLE NIGHT UNDER THE STARS IN MADISON. AND IF YOU NEED MORE INFORMATION, YOU ALWAYS COULD ACCESS ADDISON AFTER COM TO OBTAIN MORE INFORMATION. THE FALL 2022 TOWN MEETING IS ON THURSDAY, OCTOBER 20 20TH AT 7:00 PM ADDISON SHOULD JOIN THE MAYOR IN THE COUNCIL, THEIR RENAISSANCE DALLAS ADDISON HOTEL TO HEAR UPDATES ABOUT ADDISON. FOR THOSE, UH, UNABLE TO ATTEND A MEETING IN PERSON, IT WILL BE, UH, THE MEETING WOULD BE BROADCAST AND A STREAM ON THE TOWN WEBSITE. AND ALSO CHANNEL 99 AT, FOR AT AND T SUBSCRIBER, A CHANNEL 16 FOR SPECTRUM SUBSCRIBER COWORKING DAY, UH, IN THE PARK IS BACK ON OCTOBER 27 FROM 8:00 AM UH, TO 4:00 PM IN THE HARRISON CIRCLE PARK. UH, FEEL, UH, FREE TO BRING YOUR LAPTOP UP AND A BLANKET TO WORK IN THE PARK. GRAB A TABLE UNDER THE PAVILION AT THE CORNER, UH, QUORUM DRIVE ON ADDISON CIRCLE, UH, FOR FREE WIFI, COMPLIMENTARY COFFEE, FOOD TRUCKS DURING LUNCH AND FREE WI UH, FITNESS CLASSES HOSTED BY ADDISON OUTDOORS. IF YOU HAVE A BIG GROUP, YOU CAN RESERVE A TABLE ON THE TOWN'S WEBSITE. AND THIS ONE, IT'S, UH, UH, WE, WE HELD THE 2022 WELLNESS FOR LAST THURSDAY AT ADDISON CONFERENCE CENTER FROM 10:00 AM TO 2:00 PM WHICH WAS LONGER TIMEFRAME THAN 30 YEARS. AND WE ADMINISTERED, UH, OVER, UH, HUNDRED FLU SHOT. UH, WE ALSO OFFER COVID 19 VACCINE BOOSTER SHOT AND B12. UH, THEY HAD, UH, CARDIOVASCULAR SKINNY SCREENING ALSO WAS PROVIDED, AND THIS IS THE ICING ON THE KICK AND ADDISON WAY OF OFFERING FREE FLU SHOT TO OUR EMPLOYEES. AFTER THAT, ALL ATTENDEES RECEIVE ONE STATE, STATE FAIR OF TEXAS TICKET FROM HUMAN SERVICES FOR OUR ATTENDING EVENT. THAT'S ALL I HAVE, MAYOR. THANK YOU, HAM. THANK YOU. [ Public Comment The City Council invites citizens to address the City Council on any matter, including items on the agenda, except public hearings that are included on the agenda. Comments related to public hearings will be heard when the specific hearing starts. Citizen comments are limited to three (3) minutes, unless otherwise required by law. To address the Council, please fill out a City Council Appearance Card and submit it to a staff member prior to the Public Comment item on the agenda. The Council is not permitted to take any action or discuss any item not listed on the agenda. The Council may choose to place the item on a future agenda.] ALL RIGHT. UH, I BIG COMMENT. I HAVE ONE GENTLEMAN AND, UH, SOUND CARD. NOW, INVITE DESTINY CURLY STATE NOW PLEASE STATE YOUR NAME AND ADDRESS. GOOD EVENING. UM, [00:05:01] MY NAME IS DESTINY CURLEY. I LIVE IN 39 90 CONTRIBUT WAY, ADDISON, TEXAS IN AMERICA THAT WE LIVE IN. I THINK WE NEVER SEEN A PANDEMIC, A REAL PROBLEM TO STRUGGLE IN AMERICA AND NEVER WILL UNTIL THE DAY IMPORT AND EXPORT IS NOT ABLE TO COME INTO OUR COUNTRY. WITH THAT BEING SAID, YOU HAVE INDIVIDUALS THAT WORK FOR THAT LOGISTIC INDUSTRY THAT'S DEALING WITH THE ESSENTIAL SERVICES THAT MAKE IT ALL COMFORTABLE FOR US TO GO HOME. TODAY WE'RE BRINGING IN GOOD SERVICES, WATER, TISSUE, WHATEVER, AND RESIDENTIAL AREAS. THE POINT THAT I MAKE TODAY FOR INDIVIDUAL TO BE LIVING IN THE RESIDENTIAL AREA AND THE VEHICLE GET TOW WHEN THIS PARKED IN PRIVATE PROPERTY AT A RESERVED SPOT, IS OBSCENE FROM THE FINANCIAL RESPONSIBILITY THAT COMES ALONG WITH GETTING YOUR CAR OUT OF THE POUND WHEN IT HAS BEEN TOWED FROM YOUR PRIVACY OF YOUR OWN HOME. IN THE PARKING AUDIENCE THAT HAS BEEN RO I THINK THERE'S A LOT OF GRAY AREAS THAT NEED TO BE ADDRESSED AND FIXED BECAUSE AT THE END OF THE DAY, THE INDIVIDUAL WHO GOES TO WORK EVERY DAY THAT'S LOOKING FOR HIS WORK VEHICLE IS THE ONE THAT'S AT HAND THAT HAS TO DEAL WITH THE STRESS AND THE DEPRESS AND TRYING TO TAKE CARE OF HIS FAMILY. I LOOKED AT THE AGENDA AND I SEEN THAT SAID PROTECT THE ADDISON WAY, BUT HOW COULD WE BE THE ADDISON WAY WHEN WE DON'T THINK THE REASON WHY THAT TRUCK IS PARKED DURING THE FIRST PLACE, WHETHER YOU MOVING INTO THAT COMMUNITY OR YOU MOVING OUTTA THAT COMMUNITY, IT SHOULD NOT BE PROHIBITED FOR YOU NOT TO HAVE A BOX TRUCK TO STAY OVERNIGHT WITHOUT IT GETTING TOLD FROM ONE CITATION WITHIN THE TIME THAT'S ALLOTTED ON THE TICKET TO SAY YOU HAVE 20 DAYS, BUT THEN LESS THAN 24 HOURS, ANOTHER TICKET IS LISTED AND YOUR TRUCK IS TOWED AGAIN, AND YOU HAVE TO GO OUT AND SCRATCH UP MONEY WITH UNEXPECTED EXPENSES AND THINGS THAT YOU DID NOT FORESEE. WHAT, HAVING ALL THE RIGHT DOCUMENTS TO BE PARKED IN THAT PERMANENT PLACE, WHAT DO YOU HAVE YOUR OWN RIGHT AS AN INDIVIDUAL, AS A CITIZEN, TAX PARENT, CITIZEN. AND THEN IN CLOSING, YOU ASK THE QUESTION, IF YOU HAVE A PROBLEM, THEN WHERE'S THE SOLUTION? BUT IF IT'S NOT A SOLUTION, THEN YOU DON'T HAVE A PROBLEM. YOU JUST HAVE ANOTHER WAY TO GET MONEY OFF THE HARD WORK CITIZENS THAT PAY TAXES EVERY DAY TO TRY TO GO TO WORK TO MAKE IT EASY FOR EVERYBODY AND HERE TODAY AND IN AMERICA, TO COMMONLY BE ABLE TO USE THOSE ESSENTIAL SERVICES THAT WE PULLED IN AND OUT IMPORT AND EXPORT FOR THIS AMERICAN COUNTRY. AND SO IF I COULD, MR. UH, CHILD WOULD LOVE TO SIT DOWN WITH YOU IN REGARDS TO MY SITUATION WHERE I'VE BEEN OUT OF $5,000 NOT BEING ABLE TO 10 WORK CAR GOT TOLD TWICE BY ABSENT POLICE DEPARTMENT WITH A CITATION. NOT REALLY NO WARNING, NO ORANGE STICKERS OR NOTHING. BUT I UNDERSTAND THEY DOING THEIR JOB BECAUSE THEY DON'T WRITE THE LAW. THEY JUST ENFORCE IT. AS A MATTER OF FACT, UH, YOUR CALL WAS THREE TIMES IN AUGUST, ALSO 1 14 31 IS WARNING, EVEN THOUGH IT'S WRITTEN CITATION, BUT IT'S WARNING. BUT YOU DIDN'T DO ANYTHING. YOU DIDN'T EVEN CALL THE CITY. AND THEN THE POLICE SEND YOU ANOTHER CITATION ON 29TH IN SEPTEMBER AND ANOTHER CITATION SEPTEMBER 30TH. SO ONLY THE SIXTH TIME, YOU KNOW, THEN THEY TOLD YOU YOUR CAR OCTOBER 6TH. OKAY? SO WHEN YOU HAVE ISSUES OR YOU HAVE YOUR PERSONAL REASONS, I HAD YOUR EMAIL, YOU HAD A AGREEMENT WITH THE APARTMENT AND YOUR OFFICE, YOU SHOULD LET US KNOW SO THE PLEASE WILL GIVE YOU SOME TIME FOR YOU TO RELOCATED YOUR CAR OR TRUCK. BUT, UH, LEMME SAY THIS, TO FAILS TO DO THAT, LEMME SAY THIS TO YOU, MR. CHILD. AT THE TIME THAT MY VEHICLE WAS CITED, I WAS OUT OF TOWN. I DIDN'T KNOW IT WAS CITED UNTIL I GOT BACK. I LEFT ON A WEDNESDAY. I CAME BACK ON A SUNDAY, I GOT A TICKET ON FRIDAY AT 1158. I GOT ALL THESE DOCUMENTS SO YOU CAN SEE IT. SATURDAY I GET ANOTHER TICKET, BUT I'M PARKED IN A RESERVE SPOT ON PRIVATE PROPERTY WHERE I PAID MY RENT EVERY MONTH. I HAVE THIS AGREEMENT WITH MY APARTMENT COMPLEX. MY TRUCK IS GONE. I CALLED OUR TOW COMPANY. THEY SAID, WE'VE NEVER TOUCHED THE VEHICLE CUZ YOU LISTED IT IN AN COMMUNITY AS A VEHICLE THAT'S AUTHORIZED AND PARKED IN THAT PACIFIC LOCATION, NOT ILLEGALLY PARKED AT ALL. THE REASON THAT THE CITATION SAID IS COMMERCIAL VEHICLE PARKED IN A RETAIL AREA, EVEN ON THE PUBLIC STREET, I UNDERSTAND BECAUSE THAT'S PUBLIC, BUT STILL THERE'S NO SIGNS VISIBLE TO SAY YOU CANNOT PARK HERE FROM 12:00 AM TO SIX. PEOPLE MOVE IN ALL THE TIME, AND IT MAY TAKE 'EM THREE DAYS TO MOVE WITH THE TYPE OF VEHICLE THAT I HAVE, WHETHER IT'S U-HAUL OR A RIDER. WHEN YOU DO, YOU'RE [00:10:01] MOVING. IT DOES NOT A SIGN VISIBLE TO SAY YOU CANNOT PARK HERE COMMERCIAL VEHICLES. HOW DO YOU POST THE NOTE? AND WHEN I CALL THE POLICE SERGEANT, HE TELL ME WHERE IT WAS LISTED IN THE DALLAS MORNING NEWS THAT WE JUST DID THAT. WHO READS THAT EVERY DAY WHEN THEY WORKING EVERY DAY. BUT MY POINT IS THAT WHEN THE VISUAL OF THE SIGN IS THERE, NO ONE WILL PARK THERE. NOW I'M ON PRIVATE PROPERTY, I'M PARKING IN A RESERVED PARKING AT MY RESIDENCE WHERE I'VE BEEN PAYING FOR THE LAST FIVE YEARS. I HAVE THE AUTHORIZATION THROUGH MY FRONT OFFICE, MY STOP YOU HERE. THE REASON WE DO THIS DOESN'T MATTER, IT'S PUBLIC PARKING OR PRIVATE PARKING. THE COMMERCIAL TRUCK WE PASS, THE ORDINANCE JUST NOT ALLOWED TO PARK OVER THERE. DOESN'T MATTER YOUR APARTMENT. AGREE. BUT IT IS ALREADY VIOLATED, YOU KNOW, THE ORDINANCE OF THE CITY. BUT WE DID ISSUE YOUR THREE WARNING TICKET, BUT YOU DIDN'T DO ANYTHING UNTIL YOUR CAR WAS TOWED. BUT YOU KNOW, I RECEIVE AN EMAIL, I, UH, TOLD US, INTERIM CITY MANAGER TO NOTIFY YOU, THEN GIVE YOU SOME EXTENSION OF THE DATES. YOU CAN PART UNTIL YOU'LL FUND OTHER LOCATION TO YOUR CAR. AND THIS IS MY POINT TOO. IF YOU HAVE A PROBLEM, THEN WHERE'S THE SOLUTION? WHEN I SPOKE TO YOUR CITY MANAGER, HE SAID THERE'S NO SOLUTION TO WHERE THESE BOX TRUCKS AND COMMERCIAL TRUCKS CAN PARK. THEY GO IN RESIDENTIAL AREAS TO DROPPING OFF, IMPORT AND EXPORT. AND AT THE SAME TIME, THEY LIVE IN THESE SAME AREAS TO GO TO WORK MINUTES FOR THIS. BUT, UH, ALL I HAVE THE STAFF, UH, UH, DISCUSS WITH YOU. PLEASE DO. ALL RIGHT. THANK YOU. THANK YOU. YES. ALL RIGHT. [ Consent Agenda All items listed under the Consent Agenda are considered routine by the City Council and will be enacted by one motion with no individual consideration. If individual consideration of an item is requested, it will be pulled from the Consent Agenda and discussed separately.] CONSENT AGENDA ITEM NUMBER ONE TO 10. ANY ITEM NEED TO REPORT? ANY QUESTION FOR THOSE? ITEM 1, 2, 3, 4, 5, 6, 7, 8, 9, 10. NO. DO I APPROVAL OF THAT? SECOND. SECOND APPROVE. 10. OKAY, I HAVE MOTION FROM PERSON MEMBER TOM BRA SECOND OR IN FAVOR, PLEASE SAY AYE. AYE. OPPOSED? [11. Hold a Public Hearing, Present, Discuss, and Consider Action on an Ordinance Approving a Special Use Permit (SUP) for Property Located at 15375 Addison Road, that is Currently Zoned Local Retail (LR), to Allow a Restaurant. Case 1849-SUP/15375 Addison Road (Ambrosia Café).] OKAY. UH, ITEM NUMBER 11 FOR THE PUBLIC HEARING, PRESENT, DISCUSSED AND CONSIDER ACTION. I AM AUDIENCE APPROVING A SPECIAL USE PERMIT U FOR PROPERTY, LOCATED AT 5 3 75 ROAD THAT IS CURRENTLY LOAN LOCAL RETAIL, OR TO ALLOW RESTAURANT CASE NUMBER 1 8 49 U 5 37 5 EDISON ROAD. NAME OF THE RESTAURANT AT KEN KFA. KEN, GOOD EVENING MAR CITY COUNCIL. KEN SCHMIDT, DIRECTOR OF DEVELOPMENT SERVICES. THE REQUEST BEFORE YOU TONIGHT IS FOR A SPECIAL USE PERMIT FOR A RESTAURANT, UH, AT AN EXISTING RESTAURANT BUILDING LOCATED AT THE SOUTHWEST CORNER OF ADDISON ROAD AND BURG DRIVE. UH, SO THIS PROPERTY, UH, HAS, UH, PRETTY EXTENSIVE HISTORY AS A RESTAURANT. UH, IT IS, UH, AND HAS AN UNDERLYING ZONING OF LOCAL RETAIL. BUT AS YOU KNOW, IN ADDISON, UH, WE REQUIRE SPECIAL USE PERMITS FOR RESTAURANTS. SO, UH, THE FIRST UHS U WAS ADOPTED IN 1983. UH, THAT WAS FOR THE DEVELOPMENT OF AN EXISTING, UH, JUST UNDER 4,800 SQUARE FOOT SPACE, UH, FOR A RESTAURANT, AND THEN ALSO FOR, UH, THE SALES OF ALCOHOL, UH, FOR ON-PREMISES CONSUMPTION. UH, THAT SCP WAS AMENDED IN 1991, UH, TO ACCOMMODATE A DIFFERENT RESTAURANT CONCEPT, AND THEN AGAIN, IN 1991 TO ALLOW FOR A SATELLITE DISH. UH, SO TONIGHT, UH, YOU HAVE A RESTAURANT, UH, SLASH CAFE SLASH HOOKAH ESTABLISHMENT CALLED AMBROSIA CAFE, UH, PROPOSING, UH, AS THE NEW OWNER AND ALSO AS THE OCCUPANT, UH, FOR THIS PROPERTY TO HAVE, UH, A RESTAURANT, UH, THAT WOULD OPERATE, UH, FROM 6:00 AM UH, TO 12:00 AM. UH, THE FIRST PART OF THE DAY IS A CAFE. AND THEN, UH, THE REMAINDER OF THE DAY IS A RESTAURANT AND HOOKAH ESTABLISHMENT. UH, THIS APPLICATION, UH, AT THE UH, SEPTEMBER PLAN ZONING COMMISSION MEETING WAS, UH, DENIED BY THE COMMISSION BY A VOTE OF FIVE TO ONE. SO WHAT YOU HAVE BEFORE YOU TONIGHT IS AN APPEAL OF THAT ACTION. SO THAT DOES REQUIRE A SUPER MAJORITY OF THE COUNCIL TO APPROVE THE APPEAL, WHICH AMOUNTS TO SIX OF SEVEN VOTES, UH, PRESENT. UM, ALSO WITH THE PLANS BEFORE YOU TONIGHT, UH, IT IS NOT AS WHAT WAS REVIEWED BY THE PLANNING ZONING COMMISSION. UH, IN BETWEEN THAT MEETING AND THIS MEETING, THE APPLICANT DID [00:15:01] MAKE SEVERAL REFINEMENTS, WHICH WILL SUMMARIZE LATER IN MY PRESENTATION, UH, TO, UH, UH, RESPOND TO THE COMMISSION FEEDBACK AND ULTIMATELY, UH, MAKE IT A LESS INTENSIVE PROPOSAL THAN WHAT WAS ORIGINALLY REVIEWED BY THE COMMISSION. UH, SO THE PROPOSED FLOOR PLAN, UH, YOU'LL NOTE IS SLIGHTLY SMALLER, UH, THAN THE EXISTING FLOOR PLAN. AND, UH, THAT IS, UH, OCCURRING THROUGH, UH, A MODIFICATION TO THE FRONT OR EAST FACADE. UH, SO THEY WOULD, UH, IN LIEU OF MAINTAINING, UH, THAT, UH, ROUGHLY 400 SQUARE FEET OF FLOOR AREA, UM, UH, DEVELOPED A RECESSED ENTRYWAY, UH, WHICH WOULD RESULT IN, UH, REDUCED INTERIOR FLOOR AREA AND REDUCED FLOOR AREA FOR, UH, UH, USE, UH, FOR DINING AND, UH, PURPOSES. SO, UH, WITH THAT, THEY STILL MAINTAIN THE SAME SEATING, UH, ON THE INTERIOR, NO OUTDOOR SEATING, SO THAT ACCOMMODATES 88, UH, INDOORS. UH, THE APPLICANT DOES NOT PROPOSE ALCOHOL SALES. UH, THIS PROPERTY DOES CURRENTLY ALLOW ALCOHOL SALES, UH, BASED ON THE CURRENT SEP. UH, BUT IF THIS WERE TO BE APPROVED, THAT SEP WOULD BE REPEALED, AND THEY'RE NOT SEEKING TO HAVE THAT ALLOWANCE MOVING FORWARD. UH, THE, UH, TENANT IS ALSO NOT PROPOSING TO HAVE B BY B SERVICES AS WELL. THEY WILL, AS I MENTIONED EARLIER, OFF A HOOKAH, THE PARKING, UH, THIS WAS A, UM, POLICY ISSUE THAT WAS DISCUSSED, UH, QUITE THOROUGHLY BY THE PLANNING ZONING COMMISSION. UH, THIS SITE HAS, UH, AS LONG AS IT HAS EXISTED, UH, BEEN UNDERPART, UH, WHEN YOU CONSIDER THE APPLICATION OF THE TOWN'S CURRENT PARKING REGULATIONS. UH, SO, UH, AS YOU WOULD APPLY THOSE PARKING REGULATIONS TO THE PROPOSED FLOOR AREA, UH, THAT YOU'RE, UH, SEE BEFORE YOU TONIGHT, UH, THAT WOULD REQUIRE 62 PARKING SPACES BASED ON A RATIO OF ONE PARKING SPACE PER 70 SQUARE FEET OF FLOOR AREA. UH, WHEN THIS WAS APPROVED BACK IN 1983, IT WAS APPROVED FOR A TOTAL PARKING SPACE, QUANTITY OF 50 PARKING SPACES. SO OBVIOUSLY MUCH LOWER THAN, UH, WHAT WOULD BE REQUIRED BY TYPICAL APPLICATION OF OUR CODE. UH, WITH THE PROPOSAL BEFORE P AND Z, UH, IT'S, UH, REALLY MAINTAINED A SIMILAR, UM, PARKING LOT PLAN TO HOW THE SITE IS CURRENTLY OPERATING, AND THAT IT'S, UH, PROVIDED A A THROUGH CONNECTION, UH, IN, AT TWO LOCATIONS, UH, TO LINBERG DRIVE. BUT SINCE THAT PLANNING AND ZONING COMMISSION MEETING, THE APPLICANT HAS ELECTED TO ALIGN THEIR PARKING LOT DESIGN TO BE, BE MORE CONSISTENT WITH WHAT WAS PREVIOUSLY APPROVED WITH THE PREVIOUS SEPS. SO WITH THAT, THEY ARE ACCOMMODATING 45 PARKING SPACES. THAT'S NOT CONSISTENT WITH THE 50 THAT WERE PREVIOUSLY APPROVED, BUT THE LOSS OF THOSE FIVE PARKING SPACES REALLY RESULTED IN EFFORTS TO TRY TO, UH, BRING THE SITE IN BETTER COMPLIANCE WITH OTHER POLICY CONSIDERATIONS SUCH AS LANDSCAPE, UH, HANDICAP PARKING. ALSO, YOU'LL NOTE IN THE PREVIOUS PLANS, AS WELL AS THE CURRENT PARKING LOT LAYOUT, THERE WAS SEVERAL VERY UNCONVENTIONALLY STRIPED PARKING SPACES THAT, UH, IN, IN PRACTICE OR NOT VERY PRACTICAL TO USE. SO THEY'VE SOUGHT TO RESOLVE SOME OF THOSE ISSUES, UH, WITH THIS SITE PLAN. SO THAT IS WHY YOU SEE 45 PARKING SPACES IN LIEU OF 50, IF THERE WAS DESIRE TO HAVE MORE PARKING ON SITE, THAT WOULD RESULT IN REMOVAL OF, UH, THE LANDSCAPE ELEMENTS THAT THEY PROPOSE. SO YOU CAN SEE THAT THERE'S, UH, SEVERAL NEW LANDSCAPE ISLANDS WHERE THEY'LL BE PLANNING, UH, NEW CANOPY TREES, WHICH WILL, UH, MAKE THAT PARKING LOT MUCH MORE AESTHETICALLY PLEASING. UM, WITH THIS PROPOSAL, UM, THE, UH, CURRENT CONDITION, UH, MET LANDSCAPE AREA AND THAT IT HAD OVER 20% OF THE SITE DEDICATED TO LANDSCAPE AREA. BUT, UH, AS YOU CAN SEE, IF YOU'VE BEEN AT THAT SITE, MUCH OF THE LANDSCAPE WAS IN VERY ROUGH SHAPE, AND IT WASN'T MEETING THE REQUIREMENTS, UH, RELATED TO INTERIOR PARKING LOT LANDSCAPE. SO NOW THIS PROPOSAL DOES MEET THE TOWN'S LANDSCAPING REQUIREMENTS IN FULL. UH, THE PROPOSED, UH, FACADE, UH, WILL, UH, HAVE MINOR MODIFICATIONS, UH, TO, UH, THE EXISTING FACADE. UH, THE MOST SIGNIFICANT IS WHAT I MENTIONED EARLIER. UH, THEY'RE PLANNING THAT RECESSED ENTRYWAY, UH, AT THE EASTERN FACADE, AND THEN THEY'RE ALSO, UH, MAKING SOME, UH, MINOR, UH, REFINEMENTS TO THE WINDOWS AND DOORS. AND THEN, UH, ALSO, UH, NOTABLY, THEY'RE PROVIDING A NEW SOLID WASTE ENCLOSURE, UH, AT THE NORTHWEST QUADRANT OF THE BUILDING ADJACENT TO LINBERG DRIVE. UH, SO WITH THIS REQUEST, [00:20:01] UH, TOWN DID PROVIDE PUBLIC NOTICE TO ADJACENT PROPERTY OWNERS, THEN ALSO, UH, HOLDERS OF AIRPORT LEASES IN THE SURROUNDING, UH, 200 FEET AREA. UH, SO, UH, THAT RESULTED IN, UH, 53 NOTICES BEING SENT OUT. WE DID NOT RECEIVE A RESPONSE. UH, WE DID HAVE, UH, A RESIDENT SPEAK AT THE PUBLIC HEARING ON THIS ITEM AND BROUGHT UP SOME CONCERNS RELATED TO THE PARKING AND, AND B BY B. UH, AND THEN AS I NOTED EARLIER WITH THE PLANNING ZING COMMISSION ACTION, UH, THEY RECOMMENDED DENIAL BY A VOTE OF FIVE TO ONE. AND, AND THEIR PRIMARY CONCERN, UH, WAS THE PARKING CHALLENGES THAT HAVE LONG BEEN, UH, EXPERIENCED ON THIS SITE. UH, SO JUST TO QUICKLY SUMMARIZE, UH, HERE ARE THE PROPOSED CHANGES, UH, BETWEEN THE PLANNING AND ZONING COMMISSION MEETING AND, AND CITY COUNCIL. THE FIRST ADDRESSING THE, UH, BUILDING FLOOR AREA. UH, SO AT SOME POINT IN THE, THE LIFE CYCLE OF THIS BUILDING, THERE WAS INTERIOR FLOOR AREA ADDED, SO LIKE A SMALL MEZZANINE LEVEL. SO THAT'S WAS, UH, WHY THIS PARTICULAR PROPOSAL HAD EVEN MORE FLOOR AREA THAN WHAT WAS, UH, PREVIOUSLY ZONED, UH, BACK IN THE EIGHTIES AND NINETIES. UH, THEY'RE REMOVING THAT AND THEN ALSO CREATING THAT RECESSED ENTRYWAY. SO ESSENTIALLY YOU HAVE A, UH, 1200 SQUARE FOOT DROP IN FLOOR AREA BETWEEN THE P AND Z, UH, UH, PLANS AND THE CITY COUNCIL PLANS THAT ARE BEFORE YOU TONIGHT PARKING. UM, SO, UH, WE IDENTIFIED BASED ON THAT FLOOR AREA, APPLYING THE TOWN'S TYPICAL REQUIREMENTS, UH, WITH THE P AND Z PROPOSAL THAT WOULD RESULT IN 80, UH, THE CITY COUNCIL PROPOSAL 62. AND ALSO TO NOTE THAT THE EXISTING SEP ONLY REQUIRES 50. UM, SO WITH THE P AND Z PROPOSAL, THEY MAINTAINED MORE VEHICLE CONNECTIVITY RESULTING IN LESS PARKING AT 38. AND THEN WITH THESE MODIFICATIONS, THEY'VE GOTTEN UP TO 45, MUCH CLOSER TO THE, UH, EXISTING ZONING, WHICH ALLOWS 50 AND THEN HOURS OF OPERATION. UH, THEY DID HAVE, UH, MAINTAINED LATER HOURS, UM, IN THE PREVIOUS PROPOSAL, UH, 6:00 AM TO 12:00 AM MONDAY THROUGH THURSDAY. AND THEN, UH, STAYING OPEN TILL 2:00 AM ON THE WEEKENDS. UH, THEY'VE, UH, UH, MODIFIED THAT TO MAINTAIN HOURS OF 6:00 AM TO 12:00 AM UH, SEVEN DAYS A WEEK. SO, UH, AS I NOTED IN THE SUPPLEMENTARY, UH, STAFF ANALYSIS DOCUMENT, UM, THIS IS AND HAS BEEN A CHALLENGING SITE. UH, THE GREATEST BENEFIT TO THIS ACTION BEFORE YOU IS THAT, UM, IT RESETS THE ZONING, WHICH HAS BEEN SOMETHING THAT'S, UH, I THINK HAS LONG BEEN A NEED. UM, JUST IN THE LAST SEVERAL DECADES, WE HAVE CEOS THAT WE'VE APPROVED FOR SEVEN RESTAURANT CONCEPTS. UH, I'D SAY PROBABLY THE MOST RECENT TENANTS IN THIS BUILDING, UH, UH, WE'RE DEFINITELY PUSHING THE LIMIT OF, UH, WHAT THAT ZONING WAS INTENDED TO BE. UH, THERE THERE'S BEEN CHALLENGES, UM, IN HOW THEY OPERATED. IT EXTENDED NOT JUST TO PARKING, BUT TO OTHER OPERATIONAL ISSUES THAT FREQUENTLY BECAME ISSUES THAT THE TOWN HAD TO ADDRESS. SO, RESETTING THAT ZONING IS IMPORTANT. UH, REPEALING THAT EXISTING S U WOULD BE PART OF THAT. UH, SO IT WOULD BE STARTING FRESH. UH, IF ALCOHOL SALES WAS DESIRED IN THE FUTURE, THEY WOULD HAVE TO COME BACK TO YOU TO AMEND THAT. E AND I THINK OF VALUE AS WELL IS THE IMPROVED LANDSCAPE, THE IMPROVED ACCESSIBILITY, THE IMPROVED PEDESTRIAN ACCESS IN THIS AREA, UH, WILL, WILL BE AN OVERALL AESTHETIC IMPROVEMENT. UH, IF THIS WERE A CHAIN RESTAURANT SUCH AS AN HOLLOW GARDEN OR CHICK-FIL-A, I COULD VERY EASILY TELL YOU THIS IS HOW THEY'RE GONNA OPERATE, AND THIS IS THE LIKELY OUTCOME. THIS IS A NEW CONCEPT. THIS IS A SMALL BUSINESS. I CANNOT TELL YOU WHETHER THEY WILL BE BETTER OR WORSE THAN PREVIOUS CONCEPTS. BUT THE BOTTOM LINE IS THE ZONING IS MORE RESTRICTIVE AND IT ALLOWS US TO RESET CONDITIONS ON THIS PROPERTY. SO STAFF DOES RECOMMEND APPROVAL OF THE REQUEST. WE DO HAVE, UH, THE BUSINESS OPERATOR, UH, LENA YEL, UH, WITH US TONIGHT, AND I BELIEVE SHE WAS LIKE TO ADDRESS THE COUNCIL AS WELL. ALL RIGHT. UH, AFTER I OPEN UP POWER HEARING, AND I WILL INVITE YOU TO TALK, I HAVE A QUESTION IS, CAN EXISTING S U THERE ARE ALLOWED TO SELL ALCOHOL? NOW, THEY DON'T WANNA SELL ALCOHOL BY DOING H****R, BUT BASED ON MY EXPERIENCE IS MOST PEOPLE, THEY DOESN'T MATTER WHAT KIND OF THING THEY SMOKE, PEOPLE WILL TEND TO DRINK. [00:25:01] NOW ALSO, YOU DON'T ALLOW THEM TO DO B I O B. SO I JUST WONDER, JUST LIKE A TWO MEETING AGO, WE, UH, APPROVED THAT, UH, LA PAIA TOOK OVER, UH, LOS LUPUS. I ALWAYS WONDER, EDISON, THE REASON EDISON IS SO SPECIAL IS WE ARE WET AND THEN THE MOST RESTAURANT CLUBS WANT TO COME IN JUST BECAUSE WE ALLOW THEM TO, TO HAVE U SELLING ALCOHOL. SO SOMETIME I I PUZZLE, HOW COULD THEY BE SUCCESSFUL? EVEN THOUGH, I MEAN A RESTAURANT BUSINESS FOR 40 SOME YEARS, BUT LATER I WILL ASSET. BUT I'M JUST WONDER, YOU KNOW, AND HOW IT WORKS THAT THAT WAS AN ISSUE THAT THE COMMISSION DISCUSSED A LOT TOO. IT, IT'S DEFINITELY UNCOMMON AND, AND KIND OF THE, THE WELL WORN PATH IN ADDISON IS CERTAINLY TO HAVE ALCOHOL SALES. UH, SO I, I THINK IT WOULD BE A GREAT QUESTION FOR THE APPLICANT TO ADDRESS MAYOR. THANK YOU. ANY QUESTION? I, I THINK ONE OF MY, MY, UH, THOUGHTS IS AS IT PERTAINS TO, UM, HOW THIS BUS BUSINESS KIND OF BLENDS IN WITH THE T OD AREA AND THE NEW DEVELOPMENT GOING ON THERE, THIS IS JUST A KIND OF A COUNCIL QUESTION THAT I HAVE. IS, IS THIS SOMETHING THAT, THAT WE FEEL FITS IN WITH THE TOD CONCEPT AND THE FUTURE OF, OF THAT AREA? AND I, I, I DON'T SEE IT AS SUCH, BUT I'D LIKE TO HEAR FROM MY OTHER COLLEAGUES. YEAH, ANY MORE QUESTION BEFORE? SO CAN WE ENFORCE NO B Y B? SO THE, THAT WAS A QUESTION I, I POSED TO, UH, OUR CITY ATTORNEY WHO'S WITH US HERE TONIGHT. UH, NOT ONLY FOR THIS ITEM, BUT ALSO FOR THE LATASHA ITEM. UM, I, I WILL SAY, UH, THAT, UH, HIS RECOMMENDATION AND, AND I AGREE WITH THAT OF COURSE, WAS THAT BASED ON THE WAY WE HAVE ADDRESSED THAT POLICY ISSUE OR NOT ADDRESSED THAT POLICY ISSUE, PROBABLY TO BE MORE CLEAR, UM, IS IT IS APPROPRIATE FOR US TO REGULATE IT IN THE WAY THAT WE'VE APPLIED IT TO BOTH LAIA AND PROPOSED TO APPLY IT HERE. UH, WHAT I WOULD SAY AS WELL IS, IS WE HAVE RESTAURANTS THAT DO B Y B THAT CAN BE BAD ACTORS, AND WE DO HAVE RESTAURANTS THAT HAVE SUS AND ANDT C PERMITS THAT CAN HAVE BAD ACTORS, THE CAN BE BAD ACTORS. THE PREVIOUS OCCUPANT OF THIS PARTICULAR BUILDING DID HAVE A TAB C PERMIT. AND, AND OF COURSE THE U AND UH, THEY, IT, THEY WERE FREQUENT CUSTOMERS OF, UH, OUR PUBLIC SAFETY SERVICES. CAN DO, YOU KNOW, IS THERE A DESIGNATED SMOKING AREA IN A NON-SMOKING AREA? I BELIEVE THERE IS, BUT IT WOULD BE SOMETHING THAT I'D LIKE TO ALLOW THE, THE, UH, APPLICANT TO ADDRESS. THANKS, KEN. CAN YOU, UM, CAN YOU, UH, REMIND US ABOUT THE VOTE THAT NEEDS TO HAPPEN NOW? BECAUSE IT WAS A FIVE TO ONE VOTE, UH, OUT OF A COMMISSION COMPARED TO A THEY VOTED DENY. THAT'S CORRECT. THAT'S CORRECT. THEY VOTE. SO THE MOTION MADE IS TO DENY THIS. SO IN OTHER WORDS, FIVE COMMISSIONERS VOTED FOR DENY THIS, SO THAT'S CORRECT. SO WHAT I WANT TO BE CLEAR ABOUT IS HOW THAT SUPER MAJORITY IS ACTIVATED AND IS THERE ONLY ONE VERSION OF IT? IT'S BECAUSE IT'S NOT UNANIMOUS, OR IS IT BECAUSE, UM, CUZ IT WAS DENIED UN UNANIMOUSLY, OR PLEASE FILL THAT IN. SO, UH, AS LONG AS IT IS A SIMPLE MAJORITY OF DENIAL, THE SUPER MAJORITY REQUIREMENT IS TRIGGERED FOR THE CITY COUNCIL. SO YOU REQUIRE SIX VOTES, WHETHER IT WAS SIX TO ZERO OR FIVE TO ONE, OR FOUR TO TWO. OKAY. SO THEY ACTUALLY HAD AN OPTION. THEY COULD HAVE APPEALED IT AND OR THEY COULD HAVE TAKEN IT BACK TO P AND Z WITH THE CHANGES AND DIFFERENT POSSIBLY. IT'S WEIRD TO ME THAT, I MEAN, I DON'T THINK I'VE SEEN THIS BEFORE THAT, THAT WE'RE GETTING SOMETHING COMPLETELY DIFFERENT THAN P AND Z SAW. BASICALLY. IT'S SORT OF, I DON'T KNOW IF THAT'S A, A WAY TO SKIRT AROUND P AND Z OR, I MEAN, I, THIS IS KIND OF A UNIQUE SITUATION, BUT ISN'T THAT THE, ISN'T THAT THE CASE? THEY COULD HAVE COME BACK AND REAPPLY THROUGH THE P AND Z AGAIN WITH THE NEW, WITH THESE NEW GUIDELINES OR THESE, THIS NEW PROPOSAL, RIGHT? THEY [00:30:01] WOULD'VE HAD TO SUBMIT A NEW APPLICATION. YEAH. UM, SO JUST FROM A, HOW THESE THINGS MAY BE HANDLED, UM, GENERALLY THE PERSPECTIVE IS IF IT'S THE SAME OR LESS INTENSIVE, IT'S PRO IT CAN BE CONSIDERED BY THE COUNCIL IF SAY THEY WERE TO, WE HAD AN APPLICATION THAT MADE A CHANGE THAT MADE IT MORE INTENSIVE. SO LIKE SAY THE BUILDING WENT FROM THREE STORIES TO FOUR STORIES THAT WOULD BE WELL OUTSIDE OF WHAT WAS ADVERTISED AND IT WOULD NOT BE APPROPRIATE FOR YOU TO ACT ON IT. YOU COULD, WITH YOUR ACTION, UM, APPROVE WHAT'S BEEN PROPOSED, THESE MODIFICATIONS. IT'S STILL IN THE SPIRIT OF WHAT WAS ORIGINALLY PROPOSED AS LESS INTENSE. ALTERNATIVELY, YOU COULD ALSO SEND THIS BACK TO P AND Z FOR CONSIDERATION AS WELL. I HAVE NO PROBLEM WITH THIS, YOU KNOW, BY TOM, WHAT HAPPENED IS THEY MADE THEMSELF MORE ACCOMMODATING OUR ORDINANCES BY CUTTING DOWN THE SPACE OF THE INSIDE INTO AND THEN PROVIDING MORE PARKING IN THE, SO ACTUALLY IF BY SAVING THEM SOME MORE APPLICATION FEES, I THINK THAT'S THE RIGHT WAY TO DO. WELL, I MEAN MY, MY, MY ONLY COMMENT IS I JUST DON'T WANT TO, IT'S NOT A HABIT AND IT'S, LIKE I SAID, I HAVE BEEN AROUND IT FOR A LONG TIME AND HAVEN'T SEEN IT MUCH, BUT I JUST DON'T, I DON'T WANT TO GET IN THE HABIT OF STEPPING ON PLANNING AND ZONING AND GOING AROUND. I I KNOW. AND THAT'S, THAT WAS MY POINT. SO I, I WANT TO ECHO THAT BECAUSE THAT, THAT IS A CHALLENGE. WE WANT, WE, WE DON'T WANNA LOSE CONFIDENCE IN OUR PNC RIGHT? BUT THEY NEED TO KNOW THEY ALREADY CHANGED THEIR ORIGINAL PROPOSAL. THAT'S THE REASON BY SAVING THE APPLICATION FEES. UNDERSTOOD. UNDERSTOOD. WELL I THINK, YOU KNOW, ALL THAT'S, THAT IS AN INTERESTING CONVERSATION FOR SURE. BUT I, UM, I'D LIKE TO HEAR IF WE CAN HEAR FROM THE ALL I HAVE ANOTHER QUESTION. WHAT'S THE, WHAT'S THE TOTAL EFFECT ON THE APPLICANT IF THEY TAKE THIS BACK TO P AND Z? THEY PAY ANOTHER APPLICATION FEE. YES. IS THIS SUBSTANTIAL? YEP. HOW MUCH THEY PAY FOR IT? IT'S 600 BUCKS. THE MAIN, THE MAIN THING IS TIME FOR THEM. WHAT'S THE TAKE IT ANOTHER, SO THEY WOULD, THEY'RE BEYOND THE POINT WHERE THEY COULD GET NOTICED FOR THE OCTOBER MEETING. SO THEN THAT WOULD PUT THEM TO THE NOVEMBER MEETING AND COMING BACK TO YOU IN DECEMBER. UH, WHICH THEY COULD BE IN THE SAME BOAT. SO, UH, THEIR INTENT WAS TO TRY TO MEET THE FEEDBACK AS BEST THEY COULD FROM THE PLAN ZING COMMISSION. SO THAT'S WHY THEY MADE THOSE MODIFICATIONS. THEY, THEY DIDN'T WANT TO COME TO YOU AND JUST APPEAL IT AND NOT CHANGE ANYTHING. IT PROBABLY, I THINK THAT WOULD PROBABLY BE NOT BE THE BEST STRATEGY. I THINK THE CHANGES ARE PRETTY SIGNIFICANT ACCOMMODATING. IF, IF THEY GO BACK TO FIND ANOTHER APPLICATION COST ANOTHER, ANOTHER $600 TO APPLY, THEN YOU CAN TAKE AT LEAST MONTH AND A HALF MM-HMM. OR TWO MONTHS. SO I DON'T THINK, YOU KNOW, IT'S NECESSARY CUZ WE NEED, YOU KNOW, ACCOMMODATE WHAT THE, THE REQUEST BECAUSE THEY WILLING TO SACRIFICE FOR AND THEN ADD MORE PARKING, REDUCE THE SPACE AND CHOOSE IS RIGHT THING TO DO. AND I I WOULD ADD IS THEY'RE, IT'S A SMALL BUSINESS, SO IT, IT'S NOT LIKE THEY DON'T HAVE THE CONSULTANTS OR THE, THE, THE ACTIVITY WE TYPICALLY SEE FOR MORE THE CORPORATE CONCEPTS. SO WE'VE BEEN WORKING WITH THEM FOR A VERY LONG TIME JUST TO GET TO THE POINT WHERE THEY COULD GO TO P AND Z. SO TIME HAS, HAS BEEN A CHALLENGE FOR THEM. I WANNA, I WANNA TALK ABOUT THE PARKING, WHICH IS REALLY THE CHALLENGE THAT, THAT P AND Z HAD. UH, SO IT WAS, UM, 72% COMPLIANCE COMPARED TO, UH, CURRENTLY, UM, FOR SPACES COMPARED TO THE 47% THAT THEY CAME IN WITH ORIGINALLY, IF I CAN FINALLY PUT IT THAT WAY. YET WHEN AT THE LOWER PERCENTAGE, YOU STILL FELT COMFORTABLE, STAFF STILL FELT COMFORTABLE WITH MAKING THE POSITIVE RECOMMENDATION. CAN YOU SPEAK TO THAT? I THINK YOU'VE HEARD MY PERSPECTIVE ON, ON PARKING VERY GLOBALLY. WHEN, WHEN WE TALK ABOUT THE UDC PROJECT, I'M, AND YOU HEAR THIS FROM A LOT OF PLANNERS, IT IS, I, WHEN WE EVALUATE THESE CASES, I TEND TO FAVOR LANDSCAPE IMPROVEMENTS OVER PARKING IMPROVEMENTS. UH, THERE'S, THERE ARE TIMES WHERE THAT MAY NOT BE THE MOST APPROPRIATE COURSE OF ACTION WHERE THERE'S PARKING ISSUES, BUT I TEND TO BE LESS CONCERNED ABOUT PARKING, UH, PARTICULARLY IN COMMERCIAL AREAS AND RESIDENTIAL PARKING. IT, IT'S MORE OF A CHALLENGE. BUT IN COMMERCIAL AREAS, [00:35:01] I THINK THE MARKET DOES THE BEST IN TERMS OF SORTING OUT WHETHER PARKING IS APPROPRIATE AND THAT IF I'M GOING TO A PLACE THAT I DON'T HAVE THE TYPE OF PARKING THAT I WANT TO HAVE IN ORDER TO VISIT THAT PLACE, I'M GONNA VOTE WITH MY FEET AND LEAVE THAT PLACE AND GO SOMEWHERE ELSE IN ADDISON. UM, SO IF A, IF A BUSINESS IS COMFORTABLE WITH THEIR AMOUNT OF PARKING AND IT'S NOT SOMETHING THAT'S CREATING SPILLOVER ISSUES ON NEIGHBORHOODS, RIGHT, I'M GENERALLY PRETTY LIBERAL WITH PARKING I'D, I'D PREFER TREES. I I APPRECIATE THAT, THAT, UH, VIEW OF IT, MIKE. UH, THE CHALLENGE HERE ALSO IS THE FACT THAT IT'S A IT'S OWN PARKING LOT AND IT'S NOT SHARED. SO IF IT WERE SHARED THAT I, I, I CAN UNDERSTAND THAT, THAT THAT, UH, DEFENSE OF THAT, UH, I KNOW THIS PARTICULAR LOCATION, UH, IT'S BEEN, HAVING BEEN HERE IN ADDISON FOR 34 YEARS, I'VE, UH, SEEN A LOT OF CHANGES THERE. AT ONE TIME THERE WAS THE, ACTUALLY WE HAD THE, OUR, OUR POST OFFICE WAS ACROSS THE STREET AND, UH, AT THE TIME THERE WERE OTHER RESTAURANTS THERE. UH, THEY WERE MAKING USE OF THE PARKING SPACES AVAILABLE AT THE, UH, AT THE, AT THE, UH, POST OFFICE. AND THAT WAS BACK BEFORE WE HAD, UM, HELPFUL LIGHTS AND, AND, AND PAVEMENT MARKINGS AND, AND THE ROADWAY THERE. UH, SO, SO THAT, THAT CAUSED CHALLENGE. AND I THINK THAT WAS BACK, HE LOST THE, UH, USE OF THAT, UH, BUILDING BACK IN 1998. SO SINCE 98, UH, WE'VE HAD, UH, THAT BUILDING'S BEEN GONE AND THERE'S PROBABLY SINCE 98, THERE'S PROBABLY FOUR, FOUR OR FIVE, UH, UH, BUSINESSES THERE THAT, THAT I CAN REMEMBER. AND, UM, WE'VE SEEMED TO HAVE HAD CHALLENGES WITH EACH AND EVERY ONE OF 'EM. UH, PERSONAL EXPERIENCE. I'VE BEEN THERE, UH, CHALLENGE WITH THE, UM, LOCATION AND, UH, I THINK THAT, UH, CAUSES, UH, A DANGEROUS INTERSECTION. UM, I I, I HAVE TO, I KNOW WE'VE HAD SOME INCREASE IN, IN VOLUME OF VEHICLES, AND OF COURSE THE SPEED COMES ALONG WITH THAT, WHICH IS REGRETTABLE, BUT, UH, NONETHELESS, IT, IT, IT HAPPENS. BUT, SO, UH, I'D LIKE TO STEER THE COUNCIL TO HAVE A LITTLE BIT MORE CONVERSATION ABOUT NOT SO MUCH THE PARKING, BUT THE AMOUNT OF PARKING, BUT THE FACT THAT IT'S, IT'S ITS OWN PARKING AND PEOPLE WILL BE ASKED TO, OR THE CARS WILL BE MOVED TO OTHER LOCATIONS AND PERHAPS PUT A BURDEN ON, UH, THEIR, THEIR NEIGHBORS. THE, UH, IF YOU DO THE PARKING CALCULATION, IF THEY'RE REDUCED, IF LIKE ORIGINAL SPACE, THEY HAVE 5,582 SQUARE FEET OR CAN USE CURRENT CODE, WHICH IS ONE PARKING PER, I WOULD SAY PER 70 SQUARE FEET, ONE PARKING. SO YOU, BASED ON THAT ORIGINALLY REQUIRED 80, BUT THEY ONLY HAVE 38. RIGHT? THEN THEY REDUCE THE SIZE AND THEN DIVIDED BY 70. SO IT REQUIRES 62. BUT WITH THE CURRENT SITUATION, WE HAVE APPROVED QUITE A, QUITE A FEW RESTAURANT WITH A LESSER REQUIREMENT DUE TO THE LIFT. AND UBERS BECOME SO POPULAR. CORRECT. SO, UH, YOU ACTUALLY DON'T NEED, SO THE, THE FUTURE CODE MAYBE AT LEAST HUNDRED SQUARE FEET PER PARKING, MAYBE EVEN 120 SQUARE FEET PER PARKING. SO, UH, I WOULD SAY THE PARKING HAS BECOME NO ISSUES SINCE, YOU KNOW, YOU, THEY ONLY HAVE 4,300 SQUARE FEET DIVIDED BY A HUNDRED. IF BY HUNDRED, THERE'S 43 REQUIRED. NOW THEY HAVE 45 BASED ON THE FUTURE NEAR FUTURES REQUIREMENT. SO THIS PARKING ALREADY MET THE REQUIREMENT. THE ONLY THING IS, I WONDER, I HAVE A WORRY ABOUT B Y B ISSUES AND WHEN PEOPLE, DOESN'T MATTER, EVEN , IT STARTS CIGARETTES OR CIGARS, BUT IT IS STILL KIND OF FORMAT OF SMOKES. I WONDER PEOPLE JUST SMOKE, DON'T DRINK, HOW OFTEN YOU SEE PEOPLE SMOKE AND DON'T DRINK. BUT THERE'S ALWAYS MY WONDERING. SO I LIKE TO OPENNESS TO BE ANOTHER QUESTION. YOU HAVE A QUESTION. OKAY. CAN YOU GO BACK TO SLIDE FOUR? SO THAT LAYOUT THERE, AND MAYBE THE APPLICANT CAN DEFINE THIS FURTHER OF THE TOPS, THEY HAVE THE TABLETOPS, WHAT, IS THERE LIKE 19 TABLES THERE? IS THAT, IS THAT, IS THAT KIND OF WHAT IT'S ACTUALLY GONNA BE LAID OUT LIKE? OR IS THAT JUST A IT'S JUST A ROUGH RENDITION? THAT'S [00:40:01] THE LAYOUT THEY'VE PROVIDED. UH, THEY CAN SPEAK TO WHETHER THEY PROPOSE ANY MODIFICATIONS TO THAT. TYPICALLY WE WOULD WANT TO SEE WHAT IT'S GONNA BE, WHAT IT'S GONNA LOOK LIKE. AND THE PREVIOUS USES WAS A, A BAR, A NIGHTCLUB OR YOU CAN HAVE PEOPLE, A LOT OF PEOPLE STANDING IN THERE WITH A LOT OF CARS OUTSIDE. YEAH, THEY, THEY, THEY WOULD DO EVENTS THERE, UM, CHARGE COVER. SO IT WAS, IT WAS PRETTY INTENSE USE. AND SO ON THE NEXT SLIDE, SO WILL THE U OF UH, 50 SPACES STILL, UM, STAND OR WILL IT BE, IS IT PREFERRED TO BE 62? SO IF IF THIS WAS DENIED, THE EXISTING SEP WOULD REMAIN IN PLACE. SO 50. SO, AND KEEP IN MIND, STAFF OVER THE YEARS HAS, UM, AND THIS IS WHY I THINK THERE'S A LOT OF BENEFIT TO RESETTING THINGS FROM A ZONING STANDPOINT, IS WE'VE, WE'VE APPROVED A LOT OF SOME VARIED DIFFERENT CONCEPTS, UM, UNDER THAT EXISTING S E THAT I THINK PROB MAY HAVE BENEFITED FROM AN ADDITIONAL VISIT WITH Y'ALL TO, AND P AND Z TO, TO LOOK AT A NEW S E YEARS AGO. SO RESETTING THINGS FROM A ZONING STANDPOINT, I, I THINK IS, IS IMPORTANT. THERE'S VALUE TO THAT. SO THE NEW PROPOSAL IS FIF IS 45 SPACES AND THE EXISTING U IS 50. SO IT'S 90% OF THAT 50. YEAH, I WOULD, I WOULD CONTEND THAT THE 50, IF YOU ACTUALLY APPLIED MODERN, UH, SITE DEVELOPMENT STANDARDS, YOU COULDN'T ACHIEVE IT, WHICH IS KIND OF WHY THEY'RE AT 45. AND THE MAYOR I DO NEED TO HIGHLIGHT, HE BROUGHT UP AN EXCELLENT POINT EARLIER ABOUT THE UDC AND REALLY COMMON PATTERNS IN ZONING IN GENERAL IN THIS REGION IS, IS REALLY THE TYPICAL PARKING REQUIREMENT FOR RESTAURANT IS, IS ONE TO 100. AND AND THAT'S OUR BASELINE. WE HAVE OPPORTUNITY TO, TO EVEN GET MORE AGGRESSIVE BASED ON SOME OF THE THINGS THE MAYOR BROUGHT UP, PARTICULARLY IN THE TRANSIT ORIENTED DEVELOPMENT. BUT ONE TO 100 IS, IS IS THE DIRECTION WE'RE GOING ACROSS TOWN, UM, REGARDLESS OF THE CONTEXT. SO IF, ONCE AGAIN, IF YOU APPLIED THAT TO THIS CONSIDERATION, IT WOULD BE, UH, IT WOULD MEET THE PARKING AND EXCEEDED YEAH, IT'D BE 43 SPACES NEEDED. IS THIS THE ONLY WAY TO RESET THE ZONING? I, THE, THE TOWN COULD DO A CITY INITIATED ZONING PROCESS? THEORETICALLY, UH, IT, IT, IT'S NOT TYPICAL. I, I CAN'T, I DON'T NOT AWARE OF IT, THE TOWN DOING THAT FOR A SIMILARLY SITUATED PROPERTY, UM, I, I WOULDN'T HAVE A GREAT TECHNICAL RECOMMENDATION ON, ON WHETHER THAT THAT WOULD BE WARRANTED. I I GENERALLY, UH, LIKE TO SEE LIKE WHAT WE HAVE WITH THIS BUSINESS OWNER AND OUR PROPERTY OWNER, UH, HAVE THEM PROPOSE WHAT THEY WANNA DO AND, AND WE DEVELOP APPROPRIATE REGULATIONS TO, TO MITIGATE ANY POTENTIAL IMPACTS. I I KNOW ONE OF THE PROBLEMS BEFORE AT THAT SITE WAS, WERE PEOPLE USING LIKE THE SPILLOVER PARKING AND LIKE YOU SAID, BECAUSE OF EVENTS AND STUFF IN THE PARKING LOTS THAT THEY USED WERE OVER BY YEAH. ACROSS THE STREET IN THE DARK PROPERTY. AND I THINK THEY CLOSED THAT OFF NOW. YEAH. AND THE OTHER SPOT THAT THEY USED WAS OUR CITY PARKING OVER BY THAT PARK RIGHT AS YOU GO ONTO THE ROAD. BUT WHEN DARK COMES HERE, THERE'S GONNA BE A FENCE THERE. SO I DON'T THINK THEY'RE GONNA BE, YOU KNOW, THAT WAS A KIND OF A SAFETY CONCERN OF PEOPLE WALKING ACROSS THE TRACKS, BUT THERE IT'LL BE FENCED OFF, SO YOU'RE NOT GONNA BE ABLE TO GET, IT'LL BE HARD TO GET TO THAT PARKING LOT OR HARDER AND TO UTILIZE IT FOR PARKING. SO THE OTHER POSSIBILITY THOUGH IS THAT THEY PARKED OVER IN THE BOWMAN LOT. WELL, THAT'S, DARN, THAT'S, THAT'S, THEY'LL CLOSE. THEY'VE BEEN USED TO CLOSING THAT OFF NOW. YEAH, THEY'VE CHAIN THAT OFF, SO THEY CAN'T REALLY, SO ANYMORE QUESTION. OKAY, LADIES, LADIES, GENTLEMEN, THIS ITEM IS LISTED PUBLIC HEARING. IF ANYONE IN PUBLIC WISH TO SPEAK ON THIS ITEM, PLEASE DO SO. SO ID LIKE TO INVITE THE OWNER OF THE FUTURE PROJECT. UH, PLEASE GO TO THIS PODIUM, STATE YOUR NAME AND ADDRESS. GOOD EVENING EVERYONE. MY NAME IS LENA ISMAIL AND I LIVE AT 38 69 PINE BLUFF LANE IN ROCKWELL, TEXAS. UM, WHAT YOU SEE, WE ARE, I'M TRYING TO HAVE A COFFEE SHOP. UM, SO IF YOU GO BACK, UH, 10 TO THE LAYOUT, UM, I WOULD LIKE TO HAVE JUST A, THIS PART IS SPECIFICALLY A COFFEE SHOP WITH PASTRIES ONLY, AND THIS WILL BE OUR DIAMOND WITH OUR LUPA AS A LEISURE ONLY. UM, WE'RE TRYING TO JUST ACCOMMODATE DIFFERENT TIMES OF THE DAY WHERE PEOPLE CAN JUST COME IN, RELAX, [00:45:01] GET SOME COFFEE. IF THEY'RE GOING TO STARBUCKS, THEY WOULD LIKE TO SMOKE OR DINE IN, THEY CAN GO TO THE OTHER SIDE. UM, THAT IS THE CONCEPT. I'M TRYING TO, WHAT KIND OF FOOD ARE YOU GOING TO SERVE? IT'S GONNA BE A MIX OF MIDDLE EASTERN AMERICAN. AND AS FAR AS THE B Y B AND THE ALCOHOL, UM, THE REASON WHY I DON'T WANNA DO, SORRY, I'M A LITTLE NERVOUS. , I'M KIND OF SHAKY, I'M SORRY, UM, IS BECAUSE, AND IT'S, IT'S JUST A CULTURAL THING WITH THE HOOKAH. IT'S MORE LIKE FOR SOCIALIZING AND PEOPLE GETTING TOGETHER AND GATHER. NO DRINKING, NO DRINKING. THAT'S, IT'S JUST SOMETHING THAT, SO YOU, YOU MAKE SURE THAT NOBODY WILL BRING THEIR OWN DRINKS? NO, I DON'T, NOT, NOT IN THE, IT'LL BE ON NO BECAUSE IT'LL BE ONLINE. UM, IT'LL HAVE IT LISTED ONLINE AND ON THE DOOR AS WELL. UM, IT'S, TO ME, I FEEL LIKE IT'S, I, WHAT I'M TRYING TO ACCOMPLISH IS PEOPLE WANNA COME IN AND STUDY, THEY WANNA GATHER, THEY WANNA HAVE FUN, FRIENDS AND FAMILY. UM, DATE NIGHT, GIRLS NIGHT, UM, THAT'S WHAT, THAT'S MY GOAL IS ANYTIME OF THE DAY THEY CAN COME IN. THERE'S BREAKFAST, LUNCH, AND DINNER. THERE'S A FULL BAR OF COFFEE AND SPOON BEANS FROM TEA AND ALL THAT, AND THE FOOD AS WELL. . SORRY, LENA, CAN YOU TELL US ABOUT THE, YOU HAVE OTHER RESTAURANTS? UH, YES. I RAN ONE IN ORLANDO. UM, IT WAS THE SAME CONCEPT. THE FOOD WAS A BIT LESS. I WAS FOCUSED MORE ON THE COFFEE AND THE VUCA. UM, THE REASON WHY, BECAUSE OF THE COMPETITION THAT WE'RE SEEING NOW, UM, WE WANTED TO ADD MORE TO OUR MENU AND MIX, YOU KNOW, BOTH CULTURES TOGETHER AND HAVE A MENU AS WELL WHERE YOU CAN PROVIDE ALL SORTS OF FOODS. UH, DO YOU, DO YOU HA WILL YOU CATER, UH, TO, UH, EVENTS? UM, I WILL HAVE THAT ON THE WEBSITE LISTED. YES, SIR. SO LIKE, SOMEONE COULD RENT YOUR PLACE AND HAVE FOOD. OH, I MEAN, LIKE I CAN, I WANTED TO PROVIDE HOOKAHS OR ANY OF OUR FOOD, CATER TO A PRIVATE EVENT, UM, LIKE GO AND OFFER. RIGHT, RIGHT. AND AND YOU'RE SAYING THAT YOU WOULD DELIVER THAT TO A LOCATION? I, I'M SORRY, I DIDN'T HEAR WHAT YOU SAID. NO, I'M SAYING FOR CATERING, LIKE THAT'S JUST A PRIVATE, UM, EVENT. BUT IF, IF THEY WOULD LIKE TO USE ONE SECTION, UM, FOR A PRIVATE EVENT, WE CAN DO THAT TOO. LIKE, IT JUST DEPENDS ON THE HOURS AND WHAT DAY AND IF IT ARE YOU GONNA HAVE ENTERTAINMENT, UM, LIVE MUSIC ON THE WEEKENDS, PLANNING, HAVING LIKE, SOME JAZZ, LIVE MUSIC, LIGHT MUSIC, UM, IT'S NOT GONNA BE SOMETHING LOUD, IT'S JUST SOMETHING PLACE TO CHILL AND JUST HAVE FUN. DO YOU HAVE OTHER LOCATIONS? UH, JUST THAT ONE IN ORLANDO. OKAY. CURRENTLY YOU STILL HAVE THAT ONE? NO, WE SOLD THE BUSINESS. SO, ANIMAL QUESTION FOR, YEAH. DO YOU HAVE A DESIGNATED SMOKING AND NON-SMOKING AREA? YES. LIKE I SAID, THIS PART IS JUST THE COFFEE. SO NON-SMOKING AREA. AND THEN THE NINE IN WILL BE WHERE THAT'S NON-SECURITY. HAVE, HAVE YOU, UH, USED IN OR OTHER RESTAURANTS, HAVE YOU HAD, UH, OPPORTUNITY TO USE A VALET SERVICE? HAVE YOU BEEN THAT BUSY WHERE YOU HAVE, UH, VALET SERVICE, UH, OFFERED TO YOUR CLIENTS WITH THIS TYPE OF BUSINESS? I MEAN, CASUALLY PEOPLE COME, ESPECIALLY IF IT'S JUST THE COFFEE AREA. I MEAN, THEY DON'T COME, THEY COME AND GO. IT'S MORE LIKE A PICKUP AND LEAVE. UM, AND THEN FOR THE FOOD, LIKE I WOULD SAY THE TURNOVER IS EVERY HOUR, HOUR AND A HALF THE LATEST. IF IT'S A BIGGER GROUP, HOW ARE YOU GONNA DRAW PEOPLE TO THE, THE RESTAURANT IN TERMS OF MARKETING? UH, THE OTHER ONE THAT WE WERE TALKING ABOUT IS ALONG BELTLINE ROAD, BUT THERE'S A LOT OF TRAFFIC THAT YOU CAN SEE. THIS LOCATION IS NOT AS VISIBLE. UM, I BELIEVE IN WORD OF MOUTH AND I BELIEVE IN MY SERVICE. I BELIEVE IN MYSELF. AND, UM, THAT'S, THAT'S WHAT I'M GONNA WORK ON. . SO IF YOU GET APPROVAL TODAY, HOW SOON ARE YOU GONNA START THE RENOVATION? UM, WE'RE ACTUALLY, WE HAVE OUR FURNITURE ALREADY CAME IN FROM CHINA. EVERYTHING IS READY TO GO PROBABLY BY MID-NOVEMBER. CAUSE WE DO GET APPROVED. WE SHOULD BE OPEN. OH, SO YOUR FURNITURE ALREADY ARRIVED. SO HOW LONG, HOW LONG AGO YOU ORDERED? UH, THREE MONTHS AGO. OH, SO FAST. WELL, FASTER THAN I LUCK CONNECTION. YOU HAVEN'T YET. SO HOW, SO YOU GOING PLAN TO OPEN, UH, MID-NOVEMBER IF, IF YOU GET SO IT'S VERY FAST. UM, ALL I HAVE NO MORE QUESTION. SO YOU CAN GET YOUR, YOUR RENOVATIONS JOURNEY WINDOWS IN THAT QUICKLY. EVERYTHING IS IN OUR WINDOWS ARE ALREADY IN THE WAREHOUSE. OKAY. WE'RE JUST WAITING FOR APPROVAL. JUST GET EVERYTHING. SET IT UP. . RIGHT. SO MAYOR, I HAVE TO ASK THIS. THE CHALLENGE WITH THIS WOULD MAY BE A SAFETY CONCERN, UH, WITH CROSSING [00:50:01] OUT THE STREET IS, IS WOULD HAPPEN BECAUSE THE BEST THING IS HAPPENING IN THIS PLACE IS SO BUSY AND ROCKING AND PEOPLE ARE WAITING IN LINE TO COME AND HAVE YOUR WONDERFUL FOOD . UM, AND UH, AND THEY'RE ACTUALLY WAITING AND, AND THEY'RE PACKING THE PLACE IN, WHICH IS OF COURSE WHAT WE'D LIKE TO SEE. BUT THEN AGAIN, THAT CUTS BOTH WAYS. WE, WE GET THAT BUSY, WE'RE GONNA HAVE A LOT OF CARS THERE. AND, UM, WHICH WHICH IS A GOOD THING, REMEMBER NO DOUBT ABOUT IT. BUT I, I I JUST WANNA MAKE SURE THAT WE HAVE, UH, WE HAVE SOME CONTACT IF THIS GETS PASSED WITH THE, WITH THE, WITH WITH THE OWNERS. LET 'EM KNOW THAT CAN HAVE PEOPLE DASHING ACROSS THAT ROAD. UH, CHALLENGES THERE. I KNOW IT'S GONNA BE LATE EVENING. UH, IT'S GOING BACK FROM TWO O'CLOCK. WE, WE, WE'VE ED YOU TO CUT BACK AND THANKFUL. THANK YOU. YOU HAVE, UH, THAT'S HELPFUL. UH, GIVE YOUR, GIVE YOUR, UH, EMPLOYEES SOME TIME. SLEEP. THANK YOU. SO, UM, I JUST WANNA MAKE SURE THAT THAT GETS UNDERSTOOD. THAT WE WANNA MAKE SURE THOSE CHALLENGES ARE, ARE, ARE OVERLOOKED DURING THE YEAR, DURING MANY YEARS THAT THIS PLACE MAY BE HERE. WHERE DO YOU ANTICIPATE YOU'RE GOING TO DRAW YOUR CUSTOMERS FROM? WHERE DO THEY LIVE? UM, I'M HOPING, UH, WHERE DO THEY LIVE? MM-HMM. , I MEAN, ADDISON CONSUMERS AND ANYWHERE IN THE DFW. I MEAN, I GO TO IRVING. I LIVE IN ROCKWELL. I DRIVE HERE ALL THE TIME. RICHARDSON, GARLAND. UM, I'M HOPING ALL THESE CITIES WOULD COME IN. KEN, THEY'RE SEATING FOR 88, SO I'M ASSUMING THE FIRE CODE NUMBER IS AROUND THAT. PROBABLY, UH, MUCH HIGHER THAN THAT. OKAY. CAUSE THAT I WAS JUST THINKING CARS 88, YOU KNOW, INDOOR. I WAS JUST LOOKING FOR A CORRELATION BETWEEN PEOPLE IN CARS. HOW MANY CARS? 88 INDOORS. I WAS JUST TRYING TO COME UP WITH A NUMBER. OH, THAT'S THE OCCUPANCY. YEAH. YEAH. OCCUPANCY'S PROBABLY LARGER THAN WHAT IS ACTUALLY THAT SPACE IS ACTUALLY SEATED FOR. OKAY. SO WE CAN WE SET THE OCCUPANCY? UH, IT'S SOMETHING CLOSE TO THAT. I MEAN, CAN WE SAY'S 99, I MEAN, SO YOU'RE APPROVING A, A FLOOR PLAN. UM, IT GOES IN THE ORDINANCE, IT CAN BE ENFORCED. WHAT I'LL SAY THE PRACTICALITY OF ENFORCING FLOOR PLANS IS, IS A CHALLENGE, BUT WE ULTIMATELY COULD ENFORCE ZONING. IT'S PART OF THE Z YEAH, UNDERSTOOD. BUT, YOU KNOW, PROBABLY DON'T NEED TO UNLESS BECOMES A PROBLEM THEN, LIKE TO HAVE THAT TOOL. SO IS THE FIRE CHIEF THE ONE WHO DETERMINES THE OCCUPANCY NUMBER? THEY DO. AND IT'S BASED ON THE FIRE CODE. AND IS THAT, IS THAT CURIOSITY, IS THAT BUILDING SPRINKLED? IT IS FROM WHAT YOUR INFORMATION IS SAYING SPRINKLERS, CORRECT? UH, I I THINK THEY ARE BEING REQUIRED TO SPRINKLE IT. I WAS GONNA SAY, I DON'T THINK THAT IT IS, CAUSE I DON'T BELIEVE IT IS. THAT WAS A, THEY'RE IN BUILDING, THEY'VE BEEN IN BUILDING PERMIT REVIEW FOR A WHILE AND THAT WAS A POINT OF CONTENTION. BUT YES, THAT WE, WE WOULD REQUIRE IT TO BE SPRINKLED. SO IF YOU'RE GONNA BE MOVING IN THAT QUICKLY, THAT'S, THAT CONSTRUCTION'S ALREADY BEEN DONE. NO, BUT WE HAVE, UM, MY HUSBAND, HE'S A BUILDER, SO HE HAS HIS PEOPLE BE AS QUICK AS POSSIBLE. I'VE BEEN WAITING FOR SO LONG, SO WE'RE JUST READY. SO THEY'RE READY. THEY'RE READY. THEY'RE WAITING FOR THE GREEN CARD. THEY'LL GO IN TOMORROW. OTHER THAN JUST OUTSIDE SIZE, THEY'VE HAD THESE ZONING PLANS AND THE BUILDING PLANS IN FOR SOME TIME. IT, IT'S, UM, THEY ARE NOT AS A SMALL BUSINESS, OUR TYPICAL ZONING CUSTOMER. SO SOMETIMES THAT PROCESS CAN BE A, A STRUGGLE. THEY'RE, THEY TYPICALLY ARE, ARE USED TO SUBMITTING, UH, FOR BUILDING PERMITS. SO LIKE REMODELS, UM, THIS STUFF, ASAD PLANS, LANDSCAPE PLAN, SITE PLANS, THAT'S, THAT'S, UM, A CHALLENGING PROCESS FOR OUR SMALLER BUSINESSES. SO IN OTHER WORDS, SMALL BUSINESS DIDN'T WANT SPEND SO MUCH MONEY TO FIND A PROFESSIONAL PEOPLE TO DESIGN. SO THAT'S THE REASON SOMETIMES YOU ARE DRAG, YOU DO YOURSELF. SO IT'S PIECE WORK. ALL RIGHT. I HAVE NO PROBLEM. NO, NO MORE QUESTION. SO, UM, UH, NO ONE WANNA SPEAK THEN NOW IS I'M GOING TO CLOSE THE PUBLIC HEARING LADIES, GENTLEMEN, SINCE NO ONE IN PUBLIC WISH TO SPEAK ON THIS ITEM, ANY ANYMORE HEREBY ROSA PUBLIC HEARING, DO I HAVE A MOTION TO APPROVE THIS? OKAY. YES. I'M, I'M JUST GONNA, I JUST WRITING DOWN NOTES HERE, [00:55:01] WHAT I THINK THE BENEFITS OF, OF THIS COMPARED TO WHAT IT HAD BEEN AT THE SITE. I MEAN, WE'RE, WE'RE GETTING LIFE SAFETY, FIRE SPRINKLERS IN THE BUILDING, WHICH IS BIG. I MEAN, EVERY PLACE IN ADDISON'S GOT IT. GETTING SOME ENHANCED LANDSCAPING. AND HOPEFULLY THEY'LL, AND PART OF THAT, I MEAN, A LOT OF IT'S EXISTING, BUT HOPEFULLY THEY'RE GONNA KIND OF TRIM UP AND CLEAN UP THE STUFF THAT'S THERE. WE'RE REDUCING THE HOURS COMPARED TO WHAT USED TO BE ON THAT SITE. AND SHE'S NOT ALLOWING ALCOHOL OR B Y B. SO MALL PARKING, WELL NOT, YOU KNOW, I'M KIND OF WITH KEN ON PARKING. I, I'M ON TOP AS EVERYBODY ELSE. I DON'T, I MEAN, I THINK IT'S UP TO THE DEVELOPER ON PARKING, BUT THAT'S JUST, THAT'S JUST ME. I KNOW MOST PEOPLE AREN'T LIKE THAT. SO PARKING WASN'T REALLY IDEAL FOR ME. SO THAT'S MY 2 CENTS. AND SO IT'S, YOU'RE GONNA MAKE A MOTION? YEAH, I'LL MAKE A MOTION TO APPROVE THIS ITEM WITH THE COMMENTS. UM, THE STIPULATIONS PUT IN OUR PACKET AND STAFF RECOMMENDATION. THAT'S WHAT STAFF RECOMMENDATION. BUT I WON'T WANT TO, I MEAN, THERE WILL BE PER, AND ALSO THE, THE OCCUPANCY, LITTLE OCCUPANCY IS GONNA BE SET BY FIRE MARSHAL AND I GUESS IT ALWAYS IS, RIGHT? IT ALWAYS IS. SO THE FLOOR PLAN, UM, THAT'S GOING IN, THAT IS IN THE SEP ORDINANCE LISTS, THE, THE SEATING IS 88. SURE. SECOND. SO I HAVE MOTION FOR TOM BROWN SETTING FROM KATHERINE. WILL, ONE IN FAVOR PLEASE SAY AYE. AYE. AYE. POSE MAY. OKAY. SIX TO ONE, JUST AS WHAT EXPECTED. CONGRATULATIONS. YOU CAN, THANK YOU. DO A GOOD JOB. [12. Hold a Public Hearing, Present, Discuss, and Consider Action on an Ordinance Approving a Special Use Permit (SUP) for Property Located at 14380 Marsh Lane, Suite 100 that is Currently Zoned Planned Development (PD), Ordinance No. 007-034, to Allow a Restaurant with a Drive-Thru. Case 1855-SUP/14380 Marsh Lane, Suite 100 (Jeremiah’s Italian Ice).] ALL RIGHT. ITEM 12. HOW PUBLIC HEARING PRESENT DISCUSS A CONSIDER ACTION ON ORDINANCE APP SPREAD. USE PERMITS U FOR PROPERTY, LOCATED AT 1 4 3 8 MARSH LAND SUITE NUMBER 100 THAT IS CURRENTLY OWNED PLANNED DEVELOPMENT PD. ORDINANCE NUMBER 0 7 0 3 4 TO ALLOW A RESTAURANT WITH THE DRIVE THROUGH CASE 1 8 5 FIVES U P 1 43 80 MARSH LAND SUITE 100 MYERS ICE CREAM, ITALIAN ICE CREAM. SO MAYOR, I'M GONNA SIT ON THE BENCH FOR A LITTLE WHILE AND I'D LIKE TO INTRODUCE OUR PLANNING AND DEVELOPMENT MANAGER, LESLIE KNIGHT. HE'S GONNA TAKE THE NEXT FEW ITEMS, RIGHT? ALL RIGHT. YOU GOT SURROGATE THOUGH. GOOD EVENING. UM, SO, UH, LESLIE, NIGHT PLANNING DEVELOPMENT MANAGER. UH, THIS ITEM IS A, UH, SPECIAL USED PERMIT REQUEST FOR RESTAURANT WITH THE DRIVE THROUGH TO ACCOMMODATE A JEREMIAH'S ITALIAN ICE. UH, THIS SUBJECT PROPERTY IS LOCATED AT THE BROOKHAVEN SHOPPING CENTER, UH, AT SPRING VALLEY ROAD AND MARSH LANE. UH, THIS PARTICULAR SITE HAS, UM, A SUBSTANTIAL ZONING HISTORY. UH, IT WAS FIRST, UH, DEVELOPED AS A SHOPPING CENTER IN THE 1970S. AND, UH, MORE RECENTLY HAS, UH, EVOLVED WITH THE VITRUVIAN PARK, UH, REDEVELOPMENT. AND, UM, IN 2019, OR EXCUSE ME, IN 2016, UH, THERE WAS A SUBSTANTIAL MODIFICATION TO ALLOW THE REDEVELOPMENT OF BUILDING B AT THE NORTH, UH, SIDE OF THE SITE. THE, UH, REQUEST FOR JEREMIAH'S ITALIAN ICE IS WITHIN, UH, SUITE WITHIN BUILDING B. SO THIS, UM, RESTAURANT, UH, IT, THEY OFFER ITALIAN ICE AND GELO AND, UM, GELATO. SO, UH, THREE DIFFERENT ITEMS. THIS CONCEPT WAS FIRST, UH, DEVELOPED IN, UM, FLORIDA IN 1996, AND THEY NOW HAVE, UH, 71 LOCATIONS ACROSS THE SOUTHERN UNITED STATES. UM, THIS PARTICULAR SITE IS, UH, UM, 1800 SQUARE FEET. UH, THEY ARE PROPOSING, UH, INDOOR AND OUTDOOR SEATING, UH, ON THEIR EXISTING, UH, FRONT SIDEWALK, FRONT PATIO AREA, AS WELL AS A DRIVE THROUGH FACILITY. THEIR THE PROPOSED HOURS OF OPERATION, UH, 12 NOON TO 10:00 PM SEVEN DAYS A WEEK. THE, UM, PLAN DEVELOPMENT THAT WAS APPROVED IN 2016, UH, ACCOUNTED FOR PARKING REQUIREMENTS FOR BUILDING B. THAT PLAN DEVELOPMENT, UH, ANTICIPATED APPROXIMATELY, WELL ANTICIPATED 50% OF THE BUILDING TO BE USED AS A RETAIL OFFICE AT A RATIO OF ONE TO, UH, 25 AND THE OTHER 50% TO BE USED AS RESTAURANT WITH A RATIO OF ONE TO 100 SQUARE FEET. UH, THE CURRENT SPLIT OF THE, [01:00:01] UM, PROPOSED ITEMS TONIGHT AND THE EXISTING ITEMS, UH, RESULTS IN 58% OFFICE RETAIL AND THE OTHER 30% RESTAURANT. AND THERE'S CURRENTLY 12% VACANT, UM, AREA OF BUILDING B. SO WITH, UM, THAT IT DOES MEET ALL OF THE PARKING REQUIREMENTS. UM, ADDITIONALLY, THE OPEN SPACE AND LANDSCAPING WERE REVIEWED DURING THE 2016, UM, PLAN DEVELOPMENT AS WELL. AND, UH, MEETS OUR, UH, MEETS THOSE, UH, APPROVED REQUIREMENTS FROM THAT PLAN DEVELOPMENT. THE EXTERIOR FACADE WAS ONCE AGAIN UPDATED, UH, WITH THAT AND APPROVED WITH THE 2016 PLAN DEVELOPMENT FOR THIS BUILDING B AND THAT FACADE STILL COMPLIES WITH THAT. THE ONLY MODIFICATION THAT IS PROPOSED IS THE ADDITION OF SIGNAGE SPECIFIC TO THE BUILDING, UH, WHICH WILL HAVE TO, UH, OBTAIN A SIGN PERMIT FOR NOTICES WERE SENT OUT TO ALL PROPERTY OWNERS WITHIN 200 FEET OF THE SITE, UH, INCLUDING 12 RECIPIENTS. UH, STAFF DID NOT RECEIVE ANY RESPONSES TO THOSE NOTICES. THE PLANNING AND ZONING COMMISSION DID APPROVE, UH, RECOMMENDED APPROVAL OF THIS ITEM, UH, UNANIMOUSLY, UH, SIX TO ZERO. UM, WITH THAT STAFF, UH, RECOMMENDS APPROVAL OF THE REQUEST AND HAS NO, UM, RECOMMENDED CONDITIONS FOR THIS ITEM. I'D BE HAPPY TO TAKE ANY QUESTIONS. A QUESTION, JUST ONE QUICK QUESTION ON BUILDING BAY. TELL ME WHERE IN THAT BUILDING WE'RE TALKING ABOUT. SURE. EAST SIDE. SO MY CURSOR, SO IT'S, UM, ACTUALLY ON THE, THE FAR SIDE. SO THE, THIS IS, UM, WAS AN EXISTING DRIVE THROUGH THAT WAS PUT IN WITH THAT. THAT'S WHAT I THOUGHT. I JUST WANNA MAKE SURE IT'S THAT EAST SIDE. THAT BUILDING WAS BUILT WITH THE DRIVE THROUGH IN MIND FROM THE BEGINNING. YEAH, NO, NO MORE QUESTION. LADIES AND GENTLEMEN, THIS ITEM LISTED PUBLIC HEARING AS WELL. YOU KNOW, IF ANYONE IN PUBLIC WISH TO SPEAK ON THIS ITEM, WE DO. SO NOW SINCE NO ONE PROBABLY WISH TO SPEAK ON THIS ITEM, HEREBY CLOSE THE PUBLIC HEARING. DO I HAVE MOTION? MOTION SECOND. SO I HAVE A DARREN GARNER MADE MOTION AND SECOND BY, UM, RON ONLY IN FAVOR, ACI AYE. OPPOSED? IT AM [13. Hold a Public Hearing, Present, Discuss, and Consider Action on an Ordinance Approving a Special Use Permit (SUP) for Property Located at 14380 Marsh Lane, Suite 160 that is Currently Zoned Planned Development (PD), Ordinance No. 007-034, to Allow a Restaurant with the Sale of Alcoholic Beverages for On-Premises Consumption. Case 1858-SUP/14380 Marsh Lane, Suite 160 (Buttermilk Biscuits Brunch House).] 1300 PUBLIC HEARING, PRESENT, DISCUSS AND CONSIDER ACTION ON ORDINANCE PROVING A SPECIAL USE PERMIT SUV FOR PROPERTY, LOCATED AT THE 1 4 3 8 MARSH LAND SUITE NUMBER ONE 60 THAT IS CURRENTLY WRONG. PLAN DEVELOPMENT PD, ORDINANCE NUMBER 0 7 0 3 4 TO ALLOW A RESTAURANT WITH THE SALE OF ALCOHOLIC BEVERAGES FOR ON PREMISE CONSUMPTION, PLEASE. NUMBER 180 5 A S U P 1 43 MARSHLAND, SUITE ONE 60 FOR MILK BISCUITS, BRUN HOUSE. GO AHEAD. EVENING. UH, SO THIS NEXT ITEM IS, UH, ALSO A SPECIAL USE PERMIT FOR A RESTAURANT WITH THE SALE OF ALCOHOL FOR ON-PREMISE CONSUMPTION. IT IS LOCATED IN THE SAME SHOPPING CENTER, UH, THE BROOKHAVEN VILLAGE SHOPPING CENTER CENTER AT SPRING VALLEY ROAD IN MARSH LANE. UH, THIS IS IN THE OPPOSITE SIDE OF BUILDING B AT THE SOUTHERNMOST. UM, MOST SWEET, UH, ONCE AGAIN, THIS, UM, SHOPPING CENTER WAS, UH, INITIALLY DEVELOPED IN 1970S AND IS, UM, SEEN REDEVELOPMENT, UH, MOST RECENTLY IN 2016, UH, WITH, UH, PLAN DEVELOPMENT ORDINANCE NUMBERS, UH, OH 16 0 17 AND OH 16 0 18, UM, TO ALLOW, UH, BUILDING B WITH SITE MODIFICATIONS, THE PROPOSED RESTAURANT, BUT REMOTE BISCUITS BRUNCH HOUSE, UH, IS PROPOSING TO OCCUPY THE SOUTHERN MOST, UM, SUITE, WHICH HAS, UM, UH, INTERIOR AREA AS WELL AS AN EXISTING PATIO THAT THEY'RE PROPOSING TO OCCUPY. UH, THIS PARTICULAR, UH, RESTAURANT OPERATOR DOES HAVE TWO OTHER LOCATIONS IN THE DFW AREA. UM, THEY ARE IDENTIFIED AS, UM, BERRIES AND BATTER, BUT THEY ARE, UM, KIND OF CHANGING THEIR, THEIR NAME TO BUTTER MILK BISCUITS. SO THOSE TWO OTHER LOCATIONS ARE, UM, LOCATED IN FRISCO AND HIGHLAND VILLAGE, AND THIS WOULD BE THEIR THIRD LOCATION. THE, UM, RESTAURANT IS, UH, ALMOST 3,400 SQUARE FEET AND ALSO INCLUDES, UH, A LITTLE OVER 1100 SQUARE FOOT PATIO. UH, THERE IS, UM, [01:05:01] SEATING FOR 166 INDIVIDUALS, UM, WITH, UM, BOTH IN INDOOR AND OUTDOOR. UH, THEY ARE PROPOSING TO SELL ALCOHOL, UM, PRIMARILY, UM, YOUR TYPICAL BRUNCH COCKTAIL OPTIONS. UH, THEIR PROPOSED HOURS OF OPERATION IS 7:00 AM TO 2:30 PM SEVEN DAYS A WEEK. UH, SORRY, I DO THIS AT P AND Z TOO. THERE WE GO. UM, ONCE AGAIN, UH, AS I MENTIONED IN THE PREVIOUS CASE, THIS PARKING DOES COMPLY. UH, THE PD ALLOWS 50% OFFICE RETAIL, THE OTHER 50% RESTAURANTS, UH, AT THEIR RESPECTIVE PARKING RATIOS. UH, THE, UH, PROPOSED USES WOULD, UM, SIGNAL HEIGHT 58% USING THE OFFICE RETAIL RATIO, 30% RESTAURANT, UM, MEETING OUR PARKING REQUIREMENTS. UH, AND ADDITIONALLY, THE OPEN SPACE AND LANDSCAPING IS, UH, COMPLIES WITH THE APPROVED LANDSCAPE PLAN FROM THE 2016. UM, PLAN DEVELOPMENT. THE EXTERIOR FACADE WILL REMAIN THE SAME. UH, WHAT WAS APPROVED FROM 2016 AS WELL. UH, THE ONLY MODIFICATION IS THE ADDITION OF THE, UM, RESTAURANT SIGN ON THE FRONT FACADE. THIS ITEM WAS NOTICED TO 12 RECIPIENTS. A STAFF DID NOT RECEIVE ANY RESPONSE RESPONSES TO THAT NOTICE. THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL UNANIMOUSLY SIX TO ZERO, AND STAFF RECOMMENDS APPROVAL OF THIS REQUEST, UH, WITH THE CONDITION THAT THEY SHALL NOT USE, UH, TERMS OR GRAPHICS RELATED TO ALCOHOLIC BEVERAGES IN THEIR SIGNS. UH, I'D BE HAPPY TO TAKE ANY QUESTIONS IN THE APPLICANT, IT'S ALSO PRESENT. ANY QUESTION? QUESTION? IS THERE SOMETHING MAGIC ABOUT THE LETTER B? GET SOME BRUNCH AND THE OTHER ONE, BERRIES AND SOMETHING. RIES AND BATTER, BERRIES AND BATTER. I, I THINK IT'S JUST THEIR, HOW THEY, UM, INITIALLY CAME UP WITH A CONCEPT. AND THEN, UH, FROM WHAT I UNDERSTAND, THERE WAS A, UM, A COPYRIGHT ISSUE WITH THE BERRIES AND BATTER CAFE. SO THEY WANTED TO KEEP THE SAME, THE, THE, THE BEES. SO THEY CAME UP WITH THE, THE BUTTERMILK BISCUITS TO KEEP THE SAME. THEIR LOGO IS THE SAME, BUT THE, THE NAME IS DIFFERENT. THAT'S BEAUTIFUL. ALL RIGHT. CISCO QUESTION. I'M GONNA OPEN UP THIS POP HEARING. SO LADIES AND GENTLEMEN, DECIDE LIST THE PROPER HEARING. NO. ANYONE IN PUBLIC WISH TO SPEAK ON THIS ITEM? PLEASE DO SO. I'D LIKE TO INVITE THE OWNER. UH, YOU WANNA SAY A FEW WORDS? UH, NO, SIR. I WAS JUST TRYING TO EXPLAIN LIKE, YOU KNOW, WE CANNOT TAKE THAT ANYMORE. IT'S ACTUALLY TAKEN BY THE, JUST YOU WANNA, UH, TELL US WHAT YOU'RE GONNA SELL? PODIUM, STATE YOUR NAME AND ADDRESS. YEAH, GOOD NAME. COUNCIL. MY NAME IS JAY WOO. 1, 2, 2. NORTH FARMER, PRINCE, TEXAS. I WAS GONNA ADD YOU MY, UH, THE COMMENTS. WHILE WE WERE NOT ABLE TO KEEP THE ANYMORE, WE, UH, HAD TWO RESTAURANT ON THE SAME NAME, BUT THEIR NAME HAS TAKEN BY ANOTHER RETAILER SOMEWHERE IN NORTH. SO OUR ATTORNEY IS NOT RECOMMENDING US AND KEEP THE SAME NAME CHANGE SINCE YOU, WE GETTING BIGGER AND, AND STORAGE IS GETTING, YOU KNOW, MORE OPEN, MORE THE LOCATIONS. WE TRY TO BE SAFE NOT TO KEEP THE SAME. THEN WE HAVE, UH, POSSIBLE ISSUES FOR THE FUTURE. THAT WAS, SO ON THE CURRENT LOCATIONS, YOU'VE, UH, THE PHOTOS THAT YOU'RE SHOWING, UM, IS THAT YOUR VISION FOR THE INTERIOR HERE? UH, YES MA'AM. YES. IT'S BEAUTIFUL. IT LOOKS NICE AND I DON'T THINK ANYBODY CAN ARGUE WITH MORE BREAKFAST OPTIONS. WELL, I'M NOT OPERATOR. I WILL, I WILL TO THAT YOUR MESSAGE TO THE OWNER. LOVE. SO THE OPERATIONAL HOURS IS FROM WHAT? TIME TO TIME? UH, 7:00 AM TO 2:30 PM SO ONLY TARGETING ONE MORE LIKE EACH? YES. BREAKFAST, LUNCH. SO HOW SOON YOU CAN GET EVERYTHING DONE, FROM MY UNDERSTANDING, ONCE WE GOT APPROVAL TODAY, WE'LL SUBMIT, LIKE YOU A PLAN FOR THE BUILDING WITH REVIEW. UM, IT WAS AS SOON AS YOU GOT PRO FROM THE BUILDING DEPARTMENT, WE'LL TAKE MORE. TAKE ACTION. SO CHRISTMAS, BEFORE CHRISTMAS, I HOPE, BUT I DON'T THINK, UH, TECHNICALLY IT'S DIFFICULT RIGHT NOW. YOU MAY NOT EVEN HAVE THENCE OUT. OH YEAH, I FORGOT ABOUT THAT. YEAH. NOT MATERIALS ORDER [01:10:02] FROM LIKE YEAH, YOU SHOULD ORDERED. ALL RIGHT. THANK YOU SO MUCH. YOU SO DO I GENTLEMAN, THIS ITEM IS LISTED. NO ONE WISH TO SPEAK ON THIS ITEM ABOUT HEREBY CLOSE PUBLIC HEARING. SO, DO I HAVE MOTION? I'M GONNA MOVE FOR APPROVAL. SHE'S, I INVEST. NICK MADE A MOTION. KATHERINE, WAIT SECOND, YOU KNOW, OR IN FAVOR, PLEASE SAY I, I OPPOS. CONGRATULATIONS. FINISH YOUR LEAVE SO YOU DON'T HAVE TO STAY HERE. WAIT, YEAH, I WAS IN YOUR ROLE BEFORE. GET SOME REST. YEAH. [14. Hold a Public Hearing, Present, Discuss, and Consider Action on an Ordinance Adopting a Development Plan for the Addison Reserve Townhomes, Including a Site Plan, Landscape Plan, Lighting Plan, Facade Plans and Floor Plans for 31 Townhomes and Associated Public Open Space and Common Area Lots in an Existing Planned Development District (PD), Through Ordinance 022-08, Situated on Approximately 1.804 Acres located at 4150 Beltway Drive. Case 1856-Z/4150 Beltway Drive (Addison Reserve Townhomes).] SO ITEM 14, HOW THE PUBLIC HEARING PRESENT, DISCUSS, CONSIDER ACTION ON ORDINANCE OR ADOPTING A DEVELOPMENT PLAN FOR THE EDISON RESERVE TOWN HALLS, INCLUDING A SIDE PLAN, LANDSCAPE PLAN, LIGHTING PLAN, FACADE PLANS, AND FLOOR PLANS FOR 31 TOWN HALLS AND ASSOCIATED PUBLIC OPEN SPACE AND COMMON AREA LOTS IN EXISTING PLANT DEVELOPMENT DISTRICT PD THROUGH AUDIENCE NUMBER 0 2 2 0 8, SITUATED, UM, APPROXIMATELY 1.804 ACRES LOCATED AT 41 50 BELLWAY DRIVE. CASE NUMBER 1 8 5 6 Z 41 50 BELLWAY DRIVE, EDISON RESERVE TOWN HOMES. JEN, GOOD EVENING. ONCE AGAIN, MAR CITY COUNCIL. KEN SCHMIDT, DIRECTOR OF DEVELOPMENT SERVICES FOR TOWN. SO THIS REQUEST IS, UH, THE SECOND STEP IN THE ZONING PROCESS FOR, UH, PROJECT WE PREVIOUSLY REFERRED TO AS THE COBALT HOMES DEVELOPMENT. AND, UH, THEY HAVE SINCE BRANDED IT AS ADDON RESERVE. SO THIS IS 31 TOWN HOME UNITS. UH, ME JUST TO THE WEST OF, UH, BELTWAY DRIVE, UH, SOUTH, OR EXCUSE ME, JUST TO THE WEST OF MIDWAY ROAD AND SOUTH OF BELTWAY DRIVE ON FORMER SUPER EIGHT MOTEL SITES. SO, LOTS OF HISTORY WITH THAT. WE DISCUSSED THAT WHEN THIS CAME THROUGH FOR THE FIRST STEP IN THE ZONING PROCESS. AND, UH, REALLY, UH, WE'RE HERE TODAY BECAUSE Y'ALL APPROVED, UH, A PD ORDINANCE, UH, IN MARCH, UH, FOR THIS PROJECT. SO THIS, UH, APPLICATION IS, UH, REALLY INTENDED TO, UH, CONFIRM AND PROVIDE ADDITIONAL DETAIL, MORE DETAILED SITE DESIGN AND BUILDING DESIGN, UH, AND TO CONFIRM COMPLIANCE WITH THAT PD DISTRICT. UH, SO WITH THAT, UH, WE DO HAVE, UH, FOUR TOWN HOME BUILDINGS. UH, THERE ARE THREE STORIES AND THEY COMPRISE, UH, TOGETHER, UH, 31 UNITS. UH, EACH OF THOSE UNITS IS GONNA RANGE IN SIZE FROM, UH, JUST OVER 2000 SQUARE FEET TO 2,500 SQUARE FEET. AND A SIMILAR FLOOR PLAN OF THREE BEDROOMS AND THREE AND A HALF BATHS. UH, EACH UNIT WILL HAVE, UH, A, UH, ENCLOSED GARAGE, UH, PROVIDING FOR TWO PARKING SPACES. AND THEN WE ALSO HAVE, UH, VISITOR PARKING ACCOMMODATED IS, THAT WAS AN IMPORTANT COMPONENT OF THE INITIAL ZONING AT, UH, HALF A SPACE PER UNIT. UH, SO, UH, WITH THAT, UH, THE PLAN DOES, UH, FULLY COMPLY, UH, WITH THE DEVELOPMENT STANDARDS, UH, UH, FOR SITE DESIGN AND, AND PARKING. UH, AND THEN, UH, THE NEXT COMPONENT, UH, WE'RE GONNA LOOK AT ITS OPEN SPACE AND LANDSCAPE. SO, UH, OBVIOUSLY A MAJOR COMPONENT OF THIS PROPOSAL WAS, UH, ACCOMMODATING THE BUFFER THAT WAS ENVISIONED IN THE, UH, SOUTH OR MIDWAY SOUTH SPECIAL AREA STUDY. UH, SO THAT IS ACCOMMODATED ON THE WEST SIDE OF THIS PLAN. IT INCLUDES, UH, MORE DETAILED, UH, LANDSCAPE DESIGN AND THEN ALSO THAT 10 FOOT, UH, SHARED USE PATH, UH, THAT, UH, TRAVERSES THAT AREA. THAT AREA, UH, UPON, UH, COMPLETION OF IMPROVEMENTS WILL BE DEDICATED TO THE TOWN FOR PERMANENT MAINTENANCE AND OWNERSHIP. UM, WITHIN THE SITE, UH, YOU DO HAVE STREET TREES AND OTHER SITE LANDSCAPE, UH, ALONG THE EDGES OF THE TOWN, HOME BUILDINGS. AND THEN ALSO YOU HAVE A SECOND, UM, PRIVATE OPEN SPACE INTERNAL TO THE SITE, UH, WHICH IS LANDSCAPE WITH ADDITIONAL TREES ALONG THE BELTWAY DRIVE FRONTAGE, REALLY THE GATEWAY TO THIS PROJECT, UH, THE PRIMARY NEED FOR THE APPLICANT WAS TO PRESERVE, UH, AS MUCH AS THE EXISTING TREE CANOPY AS POSSIBLE. SO WHAT YOU SEE HERE, CONSISTENT WITH THE ZONING, IT'S THE PRESERVATION OF SIX OF THE SEVEN, UH, EXISTING CANOPY TREES. ONE WAS LOST TO ACCOUNT FOR THE NEW ACCESS DRIVE THAT HAS TO SHIFT TO THE EAST TO ACCOUNT FOR, UH, THAT BEAUTIFUL BUFFER THAT WILL BE INSTALLED WITH THIS PROJECT. UH, ALSO, UH, WITH THE ZONING, UH, THAT WAS ADVANCED [01:15:01] FOR THIS PROJECT, THERE WAS A REQUIREMENT TO, PARTICULARLY GIVEN THAT THIS IS A MORE PEDESTRIAN ORIENTED AREA, UH, HOW IT'LL EVOLVE IN THE FUTURES TO HAVE, UH, UH, STREET AND PEDESTRIAN LIGHTING. SO THAT'S ACCOMMODATED ALONG, UH, BELTWAY DRIVE INTERNAL TO THE SITE. AND THEN ALSO, UH, IN THE, UH, TRAIL CORRIDOR, UH, YOU'LL HAVE PEDESTRIAN LIGHTING SIMILAR TO WHAT YOU SAW, UH, WITH THE ALET PROJECT. UH, YOU'LL ALSO SEE THAT THERE'S SITE FURNISHINGS, UH, IN THAT AREA AS WELL, SUCH AS BENCHES AND TRASH RECEPTACLES. THOSE WILL BE INSTALLED BY THE DEVELOPER AS WELL. UH, SO, UH, IN ANOTHER NEARBY PROJECT, WE HAD A LOT OF DISCUSSION ABOUT DEVELOPMENT PHASING RECENTLY. SO AN IMPORTANT COMPONENT OF, UH, FUTURE RESIDENTIAL PROJECTS. WE, WE ALWAYS WANNA INCLUDE A PHASING PLAN. THIS IS A SMALLER PROJECT, SO IT ALLOWS US TO GET A LITTLE MORE GRANULAR. UM, THE TWO BUILDINGS THAT YOU SEE OUTLINED IN RED, UH, UH, THOSE ARE THE FIRST BUILDINGS TO BE INSTALLED. BUT PRIOR TO THAT, UH, YOU'LL HAVE THE SITE INFRASTRUCTURE, UH, INSTALLED. UH, SO, UH, ONCE THE, UH, STREETS AND UTILITIES ARE INSTALLED, THAT'S WHEN THE DEVELOPER WILL THEN BEGIN TO, UH, GO, UH, WORK ON BUILDING CONSTRUCTION. SO, UM, WORKING ON THOSE FIRST, UH, BUILDINGS IN RED, UH, IS THE FIRST PHASE ESSENTIALLY. AND THEN, UH, MOVING NORTH, THE ORANGE BUILDING WOULD BE THE NEXT BUILDING TO, TO BE TAKEN ON. AND THEN THE LAST BUILDING, UH, WOULD BE, UH, THE, UH, BUILDING, UH, FRONTING BELTWAY DRIVE. UH, THE GREEN BELT AREA WOULD ALSO BE, UH, TOWARDS THE TAIL END OF THE PROJECT TO ENSURE THAT ANY WORK ON THE HOMES DOES NOT DAMAGE, UH, THOSE IMPROVEMENTS. UM, SO, UH, GIVEN THAT THE BUILDER WILL BE DOING ALL OF THESE, UH, UH, LOTS, AND IT'S A SMALLER PROJECT, HE DOES INTEND TO, TO WORK CONCURRENTLY ON THESE BUILDINGS. SO IT'S NOT JUST BUILD ONE BUILDING, FINISH AND THEN MOVE ON TO THE OTHER. UH, ANTICIPATE IT TO BE A FASTER PROJECT THAN, UH, PERHAPS SOME OTHER WE'VE SEEN. SO WITH THIS REQUEST, UH, WE PROVIDED NOTICE TO PROPERTY OWNERS WITHIN 200 FEET OF THE SUBJECT PROPERTY, AS WELL AS DALLAS ISD. UH, 29 NOTICES WENT OUT. WE'VE NOT RECEIVED, UH, ANY RESPONSES TO THAT. AND P AND Z AT THEIR SEPTEMBER MEETING DID, UH, RECOMMEND APPROVAL OF THIS REQUEST BY A VOTE OF SIX TO ZERO. SO STAFF ALSO, UH, RECOMMENDS APPROVAL OF THE REQUEST. UH, JOSH NICHOLS WITH COBALT HOMES IS WITH US TONIGHT. IF YOU HAVE ANY QUESTIONS FOR THE, UH, DEVELOPER, UM, I'D BE HAPPY TO ADDRESS ANY QUESTIONS THAT YOU HAVE. ANY QUESTION, WHAT'S THE TIMELINE LOOK LIKE FOR THE BUILD? IT'D BE A GREAT QUESTION FOR THE BUILDER, GET YOU READY FOR OKAY. I WILL ASK LATER AFTER I OPEN UP PROBABLY ANY MORE QUESTION JUST WAVING US. UH, YES, MAYOR, I DO HAVE A QUESTION. KEN, CAN YOU TELL US WHAT, WHAT KIND OF DISCUSSIONS YOU HAD WITH THE DEVELOPER ABOUT THE PROTECTION OF THESE TREES ALONG THE BELTWAY? SURE. THAT'S BEEN A DISCUSSION. UM, WE, WE HAVEN'T GOTTEN DEEP IN THAT DISCUSSION YET CUZ WE HAVE NOT GOTTEN INTO THE CIVIL, UH, ENGINEERING PLANS. UH, IT, THERE WAS A LOT OF DISCUSSION ON THE TREES IMMEDIATELY SURROUNDING THAT DRIVEWAY. UH, THERE WAS SOME, SOME CHALLENGES THAT THEY WERE ABLE TO WORK THROUGH IN THE REVIEW OF, UH, THESE PLANS. UH, ONE THING THAT WE DID BRING UP, ONCE AGAIN AS WELL, IF YOU'LL RECALL, YOU ACTUALLY PLACED A CONDITION IN THE ZONING TO ALLOW FOR, UH, MODIFICATIONS TO THE SIDEWALK, UH, ALONG THAT FRONTAGE IF NEEDED, IF THERE, UM, UH, BECAME A CIRCUMSTANCE WHERE THOSE TREES WERE THREATENED. SO WE CONTINUE TO REITERATE THAT THAT IS A CRITICAL, CRITICAL ELEMENT OF THEIR SITE DEVELOPMENT PROCESS. THEY NEED TO PRESERVE THOSE TREES. UM, SO IT, IT'S SOMETHING THAT WE'VE REITERATED WE'RE GONNA CONTINUE TO DO THAT, PARTICULARLY AS WE REVIEW THE CIVIL ENGINEERING PLANS. THANK YOU. I'M GLAD TO HEAR THAT. UM, CAN YOU SPEAK TO THE TIMING OF THE WALL? WOULD YOU RATHER, OR WALL REMOVAL, OR WOULD YOU RATHER HAVE THE, UH, APPLICANT? UH, I CAN SPEAK TO IT. IT WAS A CONDITION THAT WE PUT IN THE, THE ZONING. UH, SO IT, AND IT REALLY IS REFLECTED IN HIS PHASING PLAN AS WELL. SO, UH, THAT SHOULD REMAIN UNTIL THEY, HE GETS TO THE BUILDINGS THAT ARE IMMEDIATELY ADJACENT TO THAT WALL. SO MM-HMM. , UH, WHILE HE'S WORKING ON THE, THE BUILDINGS FACING TOWN LAKE AND THE ONES, UH, DEEPER TO THE SOUTH INTO THE PROPERTY, THAT WALL WILL REMAIN. ONCE HE GETS TO THAT IMMEDIATE VICINITY, THAT'S WHEN IT WILL HAVE TO BE, UM, REMOVED. UH, ONE LAST QUESTION THAT ABOUT, UH, CONSTRUCTION TRAFFIC. UH, OUR, OUR, IS THERE PLAN TO HAVE CONSTRUCTION TRAFFIC ON BELTWAY STAGING OF VEHICLES? OR IS THAT, CAN THAT BE DONE INTERNALLY? WE HAVEN'T RESOLVED [01:20:01] THAT, UH, ITEM YET. UM, SOME OF THAT, IF ALTERNATIVES TO THAT WOULD WERE TO BE CONSIDERED, IT WOULD HAVE TO GO THROUGH PRIVATE PROPERTY. UH, SO HE WOULD HAVE TO HAVE PERMISSION TO GO THROUGH OTHER PRIVATE PROPERTY TO DO THAT. THAT WOULD BE THE PREFERENCE. UM, OF COURSE, UM, IT MAY BE A CHALLENGE, UH, GIVEN, UH, THE NATURE OF THE ADJACENT PRIVATE PROPERTY AND WHETHER IT COULD, IS WELL SEATED TO HANDLE CONSTRUCTION TRAFFIC. SO IT'S SOMETHING THAT THE APPLICANT CAN CERTAINLY ADDRESS AS WELL. I KNOW, I KNOW HE'S BEGINNING TO GO DOWN THE PATH OF PLANNING THAT CONSIDERATION. I, I, I APPRECIATE THAT AND I UNDERSTAND THE CONCERN OF, OF, UH, OF GOING THROUGH THE, SOME OF THOSE OTHER AREAS BECAUSE THERE'S SOME CHALLENGING PAVEMENT THERE AND I WOULD RECOMMEND THAT WE MAKE SURE WE DOCUMENT THAT, UH, BEFORE, BEFORE THAT STARTS . RIGHT. ANY MORE QUESTION? SO LADIES, GENTLEMEN, THIS ITEM IS LISTED A PROPER HEARING. IF ANYONE IN PUBLIC WISH TO SPEAK ON THIS ITEM, PLEASE DO SO. SO TOM, YOU WANT TO ASK THOUGH? YEAH, I GUESS YOU PLEASE, DARREN? YEAH, JUST GO TO THE, UH, PODIUM, STATE YOUR NAME, ADDRESS, UH, EVERYONE. JOSH NICHOLS, UH, COBO HOMES 68. 38 STEP DRIVE, DALLAS, TEXAS. UH, TO ANSWER THE QUESTION ON TIMING, SO OUR, OUR GOAL IS KIND OF 30 MONTHS START TO FINISH, UH, IN CONCEPT THAT WOULD BE SHOOTING FOR SIX MONTHS FOR SITE DEVELOPMENT. TYPICALLY WE SHOOT FOR A 12 MONTH CYCLE ON A STICK OF TOWN HOMES AND THEN PHASING, YOU KNOW, WE'LL ROLL FROM BUILDING TO BUILDING, BUT IT'S, WE KIND OF HAVE THREE MONTHS AND THEN ROLL OF THE NEXT THREE MONTHS, THREE MONTHS. AND THAT, THAT'S HOW YOU GET TO THE 30 MONTHS. UM, UM, REALISTIC THINGS DON'T ALWAYS HAPPEN AS FAST AS WE'D LIKE 'EM, BUT THAT'S, THAT'S OUR INTERNAL GOLDEN AND, UH, UH, PROJECTIONS. UM, YOU GUYS DO HAVE SOME VERY SHALLOW LIMESTONE YEAR, WHICH IS, UH, WHICH IS GOOD AND BAD. UH, GOOD THING IS WE DON'T HAVE TO DO A LOT OF SOIL CONDITIONING FOR OUR FOUNDATIONS. THERE'LL BE ROCK SOLID. BAD THING IS WE GOTTA PULL OUT A LOT TO GET UTILITIES IN SO THAT, THAT MIGHT TAKE A LITTLE BIT EXTRA TIME, BUT I THINK THAT'S, THAT'S STILL A GOOD GOAL. UM, I CAN JUST ROLL RIGHT INTO OTHER, OTHER QUESTIONS. UH, YOU ASKED ABOUT THE WALL AND THE TREES. THOSE ARE CERTAINLY RELATED. SURE. UH, SO THE TREES ARE OBVIOUSLY ON THE, ON THE, UH, BELTWAY SIDE OF THE WALL. SO THAT WALL'S GONNA STAY IN PLACE UP UNTIL THE ADJACENT BUILDING STARTS CONSTRUCTION. UM, WE HAVE, WE HAVEN'T TALKED ABOUT THE SPECIFICS OF THE TREE PRESERVATION PLAN ONCE WE GET TO THAT STAGE, UH, BUT UM, KEN AND I, AND HAVE TALKED A LOT ABOUT THE TREES AND IT'S, IT'S, UH, VERY CLEAR AND IT'S, IT'S CLEAR TO US THE IMPORTANCE OF DOING EVERYTHING WE CAN WHEN WE GET CLOSE TO THOSE TREES TO PROTECT THOSE. SO WE'RE OBVIOUSLY GONNA DO EVERYTHING WE CAN TO PROTECT THEM, UH, BUT ALSO TO COMMUNICATE WITH STAFF IF ANYTHING ARISES, UM, YOU KNOW, THAT THAT CAN COME UP THAT, YOU KNOW, COULD POTENTIALLY CAUSE AN ISSUE. THANK YOU. YEAH, THAT'S GOOD TO HEAR. ANY MORE QUESTION, JOSH? ONE OTHER, JUST YOU ASKED ABOUT THE STAGING OF CONSTRUCTION TRAFFIC ALONG BELTWAY. YES. SO, UM, WE, WE DO A LOT OF CONSTRUCTION ON VERY TIGHT SITES. UH, WE, ONCE CONSTRUCTION GETS STARTED, WE SHOULD BE ABLE TO BE VERY SELF-CONTAINED ON THE SITE. THERE OBVIOUSLY ARE POINTS DURING CONSTRUCTION WHERE IT IS INEVITABLE TO HAVE SOME DEGREE OF, OF, UH, YOU KNOW, CONGESTION OR ISSUES ALONG THE MAIN STREET. UM, THERE IS SOME UTILITY WORK WE'LL HAVE TO DO IN BELTWAY AND OBVIOUSLY DURING THAT PERIOD OF TIME THERE'LL BE, YOU KNOW, SOME, THERE'LL BE A LANE CLOSURE FOR THAT. UM, THAT WILL NOT BE AN EXTENSIVE PERIOD OF TIME, LIKE WHAT THE TOWN IS SEEN WITH OBVIOUSLY THE MIDWAY. THAT'S A TOTALLY DIFFERENT SCALE OF PROJECT. UM, AND THEN THE ONLY OTHER TIME I CAN REALLY ANTICIPATE THERE BEING, UH, FRUSTRATION FROM CONSTRUCTION TRAFFIC, WHICH IS HOPEFULLY VERY LIMITED, WOULD BE WHEN WE'RE POURING CONCRETE. UM, BECAUSE THERE'LL BE, YOU KNOW, THERE IS A, THERE IS A SEQUENCE OF CONCRETE TRUCKS THAT COME THROUGH IN SEQUENCE JUST TO MAKE SURE YOU GETT ENOUGH CONCRETE DURING THE AMOUNT OF TIME WE NEED. BUT ONCE WE KINDA GET PAST THAT POINT, WE SHOULD BE ABLE TO BE VERY SELF-CONTAINED ON THE SITE. IT'S GONNA HEAR THE CONSTRUCTION CHALLENGES OF COURSE AREN'T THE, UH, CLOSURE OF ANY LANES, BUT IN YOUR EFFORT TO TRY TO STAY OUT OF THAT LANE, YOU'RE, WE WANNA MAKE SURE THAT THE TREES DON'T GET DAMAGED. THAT'S, THAT'S, THAT'S WHAT I WANTED TO GIVE TO HEAR THAT, THAT PORTION OF IT. BUT, UH, I'M, I'M EXCITED FOR YOU AND WHAT YOU'RE BRINGING TO THE COMMUNITY THAT YOU'VE WORKED HARD AND YOU HAVE A WHAT SEEMS TO BE A QUALITY PRODUCT. SO THANK YOU. APPRECIATE IT COMING TO OUR TOWN. THANK YOU. [01:25:01] YEAH, I AGREE. I HAD ONE QUICK QUESTION. WE'VE HAD SOME PROBLEMS ON ANOTHER SIDE ONCE THE FENCE GOES DOWN. ARE YOU GUYS PLANNING ON PUTTING UP ANY KIND OF A TEMPORARY CHAIN LINK WITH SOMETHING FOR NOT ONLY NUISANCE PEOPLE, YOU KNOW, FOR SECURITY FOR, BUT ALSO FOR TRASH BLOWING OUT INTO THE STREET? CAUSE WE'VE HAD SOME ISSUES ON SOME OTHER JOBS. CAN WILL, DO YOU HAVE PLANS TO DO THAT OR JUST ALONG WHERE THAT FENCE IS GONNA BE? SURE. WELL WE, WE WILL ACTUALLY, IT, WE WILL ENCLOSE OUR ENTIRE SITE TO THE EXTENT WE CAN. OBVIOUSLY THE, UH, THE EASTERN PORTION IS AN ACCESS, WE CAN'T DO THAT. BUT, UM, EVERYTHING WE CAN ENCLOSE FOR THE CONSTRUCTION, WE WILL ENCLOSE WITH THE FENCE. UM, BOTH FROM, UH, SECURITY AND NUISANCE. I MEAN, WE, WE DEVELOP IN A LOT OF AREAS WHERE THERE IS, YOU KNOW, THEFT AND SECURITY CONCERNS. AND CANDIDLY, AS, AS LUMBER PRICES SKYROCKET, WE SAW THAT STUFF SPIKE UP TOO. UM, SO, SO WE GENERALLY WILL ALWAYS DO A, A, A TEMPORARY CHAIN LINK FENCE. UM, MOST OF THE TIME WE'LL DO A, UM, THERE'S LIKE A MESH SCREEN JUST TO KIND OF VISUALLY SCREEN IT OUT ALSO. UM, SO YEAH, SO WE'LL, WE'LL HAVE, WE'LL HAVE THAT ON SITE. IS THAT, I DON'T THINK I SAW THIS OR, UH, THE DASH LINES GOING CROSS BELTWAY, IS THAT GONNA BE A MARKED CROSSWALK? UM, NOT FROM US, BUT I BELIEVE THE TOWN IS ANTICIPATING A FUTURE CROSSING POINT. SO THEY'VE ASKED US TO ANTICIPATE THERE BEING A TWO-WAY CROSS THERE. UM, BUT NO, THAT, THAT'S NOT SOMETHING THAT WOULD BE IN OURS. BUT THAT, THAT, THAT'S A FUTURE TOWN PLAN. SO THAT WOULD PROVIDE CONNECTIVITY TO THE NEW BELTWAY TRAIL, RIGHT? UH, THAT WOULD BE ON THE NORTH SIDE OF BELTWAY TO THE, UH, MIDWAY SOUTH TRAIL. THAT, THAT MAKES SENSE CUZ IT FOLLOWS THAT CURVE AT THE END OF THAT CURVE TO GET ACROSS, GETS PEOPLE ALL THE WAY OUT THERE FACING PARTICULAR TO THE, TO THAT CROSS LIKE THAT. THANK YOU. ANY MORE QUESTION? NO, SIR. JOSH, WE CAN? NO, I THANK YOU. GREAT. THANK YOU. ANYBODY WANNA SPEAK? THERE'S NO ONE YOU PROBABLY WISH TO SPEAK ON THIS ITEM ANYMORE. SO I HEREBY CLOSE THE PUBLIC HEARING. DO I HAVE MOTION? I MOVE APPROVAL OF ITEM 14 SECOND. SO MOTION FOR LAURIE WARD SECOND FOUND DAR GARNER. SO ARE IN FAVOR TO APPROVE THIS DESIGN, PLEASE SAY HI. AYE. OPPOS. CONGRATULATIONS. YOU CAN GO. THANK YOU . ITEM [15. Present, Discuss, and Consider Action on an Ordinance Granting a Meritorious Exception to Chapter 62 of the Code of Ordinances for Cy-Fair Animal Hospital, a Veterinary Clinic Located at 15003 Inwood Road, Suite D, to Exceed the Maximum Permitted Letter Height and Effective Area for an Attached Sign. Case MR2022-08/Cy-Fair Animal Hospital.] 15, PRESENT. DISCUSS AND CONSIDER ACTION ON ORDINANCE GRANTING A MERITOR EXCEPTION TO CHAPTER 62 OF THE CODE OF ORDINANCES FOR, FOR CY FAIR ANIMAL HOSPITAL OF VET CLINIC, LOCATED AT FIVE THREE IN SUITE D TO EXCEED THE MAXIMUM PERMITTED LETTER, HIGH AND DEFECTIVE AREA GOING ATTACHED SIGN, UH, CASE NUMBER R 2 0 2 2 0 8 C Y FAIR ANIMAL HOSPITAL. GOOD EVENING, LESLIE. I'M PLANNING AND DEVELOP NET MANAGER FOR THE TOWN. UH, THIS REQUEST IS A MERITORIOUS EXCEPTION FOR AN ATTACHED WALL SIGN. UM, THIS SUBJECT PROPERTY I IS LOCATED WEST OF INWARD ROAD. UM, AT, UH, THERE'S EXISTING MULTI-TENANT BUILDING THAT HAS, UH, SOME OTHER ANIMAL RELATED BUSINESSES INCLUDING, UH, FISH GALLERY AND YARD DOG. UH, AND, UM, THE ADDITION OF THE THE SIFA ANIMAL HOSPITAL, UM, IS A, IS A FITTING ADDITION AT THIS LOCATION. THIS PARTICULAR SUITE, IT'S UH, OR THIS PARTICULAR BUSINESS IS LOCATED IN SUITE D, WHICH IS, UH, THE FARTHEST SUITE BACK FROM INWOOD ROAD. IT ACTUALLY HAS NO, UM, DIRECT, UH, FRONTAGE ON INWOOD ROAD, UH, TO ACCOMMODATE A WALL SIGN, AN ADVERTISEMENT. THE, UM, PROPERTY OWNER DID INSTALL A, UH, A PROJECTING WALL 20 FEET. IT'S VERY DIFFICULT TO SEE ON THE SITE PLANKS, IT'S SO SMALL, UH, BUT IT PROJECTS 20 FEET, UH, TO THE SOUTH OFF OF, UH, FROM THE SUITE D TO ALLOW A WALL SIGN TO BE ATTACHED AND VIEWED FROM INWOOD ROAD. UH, THIS IS THE PROPOSED LOCATION OF THE, OF THE WALL SIGN, UH, IT'S BEING CONSIDERED THIS EVENING. UH, THIS WALL SIGN DOES EXCEED THE, UM, MAXIMUM HEIGHT FOR THE LOGO AS WELL AS THE TOTAL MAXIMUM AREA. UM, [01:30:02] SO THE MAXIMUM HEIGHT OF A, A LOGO OR, AND OR LETTER, UH, WHICH WOULD BE PERMITTED, UH, UNDER THIS, UNDER OUR SIGN CODE FOR THIS PARTICULAR SIGN IS 37.5 INCHES. UH, THE PROPOSED LOGO, UH, ON THE LEFT HAND SIDE OF THE SIGN IS PROPOSED TO BE 63 INCHES IN HEIGHT. UM, OBVIOUSLY 2025 AND A HALF INCHES. UM, IT EXCEEDS 25 AND A HALF INCHES, WHAT WOULD BE CURRENTLY PERMITTED. UM, IN ADDITION TO THAT, THE TOTAL AREA, TOTAL MAXIMUM AREA ALSO EXCEEDS, UH, WHAT IS PERMITTED, WHICH, UM, BY 24 UH, FEET. SO THE MAXIMUM AREA FOR A SIGN IS DETERMINED BASED UPON THE TOTAL SUITE FRONTAGE OR BUILDING FRONTAGE. AND THIS PARTICULAR SUITE D HAS 45 UH, FEET OF BUILDING FRONTAGE. AND SO THEREFORE THE CORRESPONDING SIGN AREA REQUIREMENT IS MAXIMUM IS 45 FEET AS WELL. WHAT IS CURRENTLY PROPOSED IS JUST UNDER 70 SQUARE FEET. SO, UM, THE JUSTIFICATION FOR THE, UM, EXCEEDING THE SIZE AND UH, TOTAL AREA IS THE FACT THAT THIS SIGN WILL BE SET BACK APPROXIMATELY 227 FEET FROM INWOOD ROAD, WHICH IS, UM, VERY SIGNIFICANT, UH, EVEN COMPARED TO THE ADJACENT BUSINESSES THAT ARE MUCH CLOSER AND, UH, MUCH FURTHER BACK THAN A LOT OF BUSINESSES, UH, IN ADDISON. UM, AS CITY COUNCIL, YOU ALL CAN, UM, GRANT MERITOR EXCEPTION WHEN, UM, THERE IS A HARDSHIP IDENTIFIED OR EXCEPTIONAL CIRCUMSTANCES, UH, THAT, UM, CONSTITUTE AN UNNECESSARY HARDSHIP. UH, DUE TO THE, THE, UM, DESIGN OF THE SIGN AS WELL AS THE DISTANCE FROM INWOOD ROAD STAFF DOES BELIEVE THAT THE HARDSHIP REQUIREMENT HAS BEEN MET. UH, IN CONCLUSION, STAFF RECOMMENDS, UH, APPROVAL OF THE SIGN, UH, TO ALLOW A SIGN THAT'S APPROPRIATE, APPROPRIATELY SCALED TO THE BUILDING AND ALSO APPROPRIATELY SCALED, UH, FOR, UH, A CUSTOMER TO, TO SEE IT FROM THE ROAD. I'D BE HAPPY TO TAKE ANY QUESTIONS. ARE THERE OTHER BUSINESSES IN THE SAME SHOPPING CENTER THAT ARE IN THE SAME PREDICAMENT WITH BEING, I MEAN, THAT, THAT COULD COME AND INSTALL A SIGN AND THEN COME AND ASK FOR A MERITORIOUS EXCEPTION AFTER THEY'VE DONE IT? UM, I MEAN, IS ARE WE SETTING, I MEAN, IS THIS, COULD THIS BE A TREND IN THIS SHOPPING CENTER? SO THIS PARTICULAR SUITE IS THE, UM, I WOULD SAY THE SUITE THAT IS MOST AFFECTED. UH, SO INWOOD ROAD IS, IS ON THE RIGHT HAND SIDE OF THIS SITE PLAN. UM, SO SUITES, THE OTHER, THE OTHER SUITES ALL HAVE FRONTAGE ON THE, UM, THE EAST SIDE OF THE BUILDING, WHICH IS FACING INWOOD ROAD, SUITE D UH, WHICH IS THE, THE, UM, BUSINESS, UH, SIGN WE'RE CONSIDERING THIS EVENING IS THE ONLY SUITE THAT DOES NOT HAVE THAT DIRECT FRONTAGE. SO OBVIOUSLY IF THEY WERE TO POTENTIALLY SUBDIVIDE IN THE FUTURE, THAT COULD CREATE ANOTHER UNIQUE CIRCUMSTANCE. UM, HOWEVER, THAT WOULD BE A VERY, A PRETTY SMALL SUITE AREA. IT'S THE SIGNAGE THAT THEY HAVE CONFIGURED HERE. OBSTRUCT ANY OF THE OTHER LOCATIONS OR NO, NO. SO THIS, UM, IT'S KIND OF HARD TO TELL EVEN WITH THE, THE, THE PHOTOS. YEAH. SO THIS, THIS PHOTO, UM, KIND OF ILLUSTRATES AT BEST. SO BEFORE YOU, ON THE LEFT HAND SIDE IS THAT BLANK PROJECTING WALL. SO IT WAS IN, IT WAS CONSTRUCTED TO, WITH THE INTENT OF A WALL SIGN THERE BECAUSE THERE IS THE, THE FACADE OF THAT SUITE D FACES DIRECTLY SOUTH. SO ESPECIALLY IF YOU'RE TRAVELING, UM, EITHER NORTH OR SOUTH ON ENWOOD ROAD AND WEREN'T LOOKING DIRECTLY FOR IT HEADING NORTH, YOU WOULD COMPLETELY MISS THAT. IT WAS, IT WAS THERE. UH, SO THIS PROJECTING WALL DOES ALLOW THAT. UM, BUT TRULY BEING 227 FEET FROM THE RIGHT OF WAY IS, IS SIGNIFICANTLY MORE THAN ANY OF THE OTHER BUSINESSES ON THE SITE. THIS PICTURE DOESN'T DO JUST AS TO HOW FAR BACK THAT IS. IT'S SIGNIFICANTLY FURTHER THAN THIS PICTURE SHOWS YOU. IT'S REALLY FAR BACK THERE. AND, AND THE, AND I DROVE BY THERE TODAY. THE, THE SIZE THAT THEY'RE TALKING ABOUT IS, IS ACTUALLY THE PERFECT SIZE FOR THE AMOUNT OF SPACE YOU'VE GOT AND THE SIZE OF THAT WALL. I I, I THINK IT'S, TO PUT ANYTHING SMALLER THAN THAT WOULD BE A JOKE AND YOU WOULD NOT SEE IT. SO YEAH, I AGREE WITH, WE AGREE WITH THIS. WE'VE DONE THIS BEFORE WITH DISTANCE BACK FROM THE STREET AND THIS IS ALSO MASSIVE. THE KIND OF, THE FACADE IS ANOTHER THING WE'VE LOOKED AT BEFORE TO BE ABLE TO ALLOW SOME BIGGER CAUSE THAT'S JUST A BIG WALL MM-HMM. AND THEN, YOU KNOW, AND ALSO THE HEIGHT ABOVE THE GROUND. MM-HMM. , WE, WE, WE ALWAYS FACTOR THAT STUFF IN. IT'S KINDA LIKE, YOU KNOW, WHEN YOU LOOK AT IT, IT DOESN'T LOOK, I [01:35:01] MEAN, AND WHEN I LOOK AT THE PICTURE, IT LOOKS APPROPRIATE TO THE THING. SO, BUT IT'S, IT'S MUCH FARTHER BACK THAN THIS SHOW. WITH THAT, I'D LIKE TO MAKE A MOTION TO, TO APPROVE THIS VARIANCE FOR EXACTLY TIME FOR START A MOTION FROM TOM BROWN, SECOND FROM, AND UNIVERSITY. BUT LET ME SAY SOMETHING BEFORE I CALL FOR VOTE. I'M REALLY PLEASED WITH ROGER. ROGER IS THE OWNER OF THE PROPERTY AND THE FIRST TIME WE TURN HIM DOWN FOR THE AQUARIUM MANUFACTURING FACILITY AND THEN SEVERAL MONTHS LATER HE CAME BACK WITH THIS IDEA AND I THINK HE WAS BRILLIANT AND A SMART GUY AND HE DIVIDED INTO DIFFERENT BUSINESS, AQUARIUM AND DOG SHOP. AND THEN, YOU KNOW, HE'S A SMART BUSINESSMAN. YEAH. HE SPENT SO MUCH MONEY MADE THIS PLACE SO PRETTY, SO BEAUTIFUL. SO EVEN WE'VE SPENT SO MUCH TIME AND MONEY, DID THIS STUDY, BUT YOUR ONLY NOT SUCCESSFUL AREA IS SOUTH OF A QUEEN OF SHEPA. RIGHT? SO EVEN SOUTH OF THAT IS VERY SUCCESSFUL IN THE VERY SOUTH MAY NOT, BUT IN THE FUTURE POSSIBLY TO BE PART OF DEVELOPMENT WITH THE FARMER'S BRANCH. SO WHAT, WHAT YOU REALLY NEED TO WORRY IS THE SOUTH OF A QUEEN OF SHEPA. SO THAT SHOPPING CENTER IS RUNDA. SO I'M VERY HAPPY WITH THIS, YOU KNOW, ANYBODY WANNA APPROVE THIS? PLEASE SAY HI. HI OPPOS. NO, IT'S. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.