Oct 18, 2022 Planning & Zoning Commission Work Session

[1. Call Meeting to Order]

[00:00:04]

SESSION THE AS AND PLANNING ZONING COMMISSION TO ORDER IS TUESDAY, OCTOBER THE 18TH, 2022 AT 5:30 PM AS TRIO.

[1. Status update on recent Planning and Zoning Commission cases and planning policy items.]

KEN SCHMIDT, DIRECTOR OF DEVELOPMENT SERVICES FOR THE TOWN OF ADDISON.

SO AT THE OCTOBER 11TH CITY COUNCIL MEETING, UH, FOR CASES, UH, THAT YOU ACTED ON IN YOUR SEPTEMBER COMMISSION MEETING, UH, ADVANCED TO, UH, CITY COUNCIL FOR CONSIDERATION.

SO WE HAD THE TWO RESTAURANTS, UH, AT THE TOM PHONE SHOPPING CENTER AT THE SOUTHEAST CORNER OF MARSH LANE AND SPRING VALLEY.

UH, THOSE SEPS WERE BOTH APPROVED, SO THAT WAS FOR JEREMIAH'S ITALIAN ICE AND THEN BUTTERMILK BISCUITS BRUNCH HOUSE.

AND THEN OF COURSE, WE ALSO HAD THE, UH, SECOND PHASE OF THE ZONING PROCESS FOR, UH, COBALT HOMES PROJECT, NOW BRANDED AS ADDISON RESERVE.

SO THAT, UH, RESULTED IN DEVELOPMENT PLAN APPROVAL FOR, UH, 31 TOWN HOMES AND THEN, UH, ASSOCIATED PUBLIC OPEN SPACE LOT.

SO THAT'S THE LAST ZONE INACTION REQUIRED FOR THAT PROJECT.

UH, THEY'LL BE MOVING INTO THEIR, UH, CIVIL SITE DESIGN AND GETTING READY TO, UH, GET APPROVAL FOR THAT AND GO TO CONSTRUCTION.

AND THEN THE LAST CASE, UH, THAT WAS CONSIDERED THAT NIGHT WAS A, AN APPEAL OF A COMMISSION ACTION.

SO, UM, THERE WAS AN S SEP P REQUEST THAT YOU ACTED ON AT THE SEPTEMBER MEETING FOR AMBROSIA CAFE.

THAT WAS A RESTAURANT SLASH COFFEE HOUSE SLASH HOOKAH ESTABLISHMENT, UH, AT THE CORNER OF LINDBERGH AND ADDISON ROAD.

UM, THAT, UH, IN THAT MEETING, UH, Y'ALL, UH, SHARED CONCERNS WITH REGARDS TO PARKING AND OPERATIONS AND, UM, THE APPLICANT EXERCISE THEIR RIGHT PER AZONIAN ORDINANCE TO APPEAL YOUR ACTION.

UH, THEY DID MAKE A LOT OF CHANGES THAT REFLECTED THE THOUGHTFUL FEEDBACK THAT YOU PROVIDED.

MOST NOTABLY, THEY REDUCED THE FLOOR AREA PROPOSED IN THE BUILDING TO ALLOW FOR, UH, SOMETHING THAT WOULD COMPLY WITH A PARKING RATIO OF ONE TO 100 SQUARE FEET.

THEY CONTINUED TO MAINTAIN, UH, THE LANDSCAPING, UH, THAT WAS AN ENHANCEMENT, UH, TO, UH, THE PARKING AREA, UH, AS WELL AS THE HANDICAP PARKING, UH, THAT WOULD, UH, BE, UH, IMPROVED AND PEDESTRIAN IMPROVEMENTS.

AND THEN THEY ALSO, UM, MODIFY THEIR PROPOSED OPERATING HOURS.

UH, SO THEY MOVED FROM A 6:00 AM TO 2:00 AM SCHEDULED TO 6:00 AM TO MIDNIGHT.

UH, SO THEY'LL OPERATE AS A COFFEE SHOP IN THE MORNING AND THEN TRANSITION TO THE RESTAURANT AND, AND HOOKAH USE, UH, IN THE AFTERNOON AND EVENING.

UH, SO THAT WAS ULTIMATELY APPROVED BY A VOTE OF SIX TO ONE BY CITY COUNCIL.

CITY COUNCIL WAS VERY THANKFUL FOR THE, THE WORK THAT THE COMMISSION DID ON THAT.

AND I WANTED TO ENSURE THAT, UM, THE APPEAL ACTION WAS NOT, UH, PERCEIVED AS A, UM, UH, NOT TRUSTING THE WORK OF THE COMMISSION.

THEY THOUGHT THAT THE FEEDBACK THAT YOU PROVIDED REALLY DID, UH, AND DIRECTED THE APPLICANT TO MAKE NEEDED IMPROVEMENTS.

ULTIMATELY, IT WAS JUDGED THAT THE NEW ZONING WAS A, A GOOD FRESH START FOR THAT PROPERTY CUZ WE HAD A PRETTY LONG HISTORY OF, OF, UH, CHALLENGED, UH, IMPLEMENTATION OF THE EXISTING ZONING.

SO, UH, RESETTING THAT ZONING WAS A BENEFIT, CERTAINLY FOR THAT PROPERTY.

I THINK KUDOS, THE OWNERS WERE DOING THAT BECAUSE FROM WHAT I UNDERSTAND, THEY COULD HAVE OPENED UP THE RESTAURANT JUST AS IT WAS WITH THE PARKING SITUATION, NOT IMPROVED OR CHANGED FLOOR SPACE THE WAY THAT IT WAS BEFORE.

THE ONLY THING THEY REALLY KIND OF CAME TO US FOR WAS FOR THE, UH, TO FORBID ALCOHOL SALES.

AND SO SINCE IT WAS DECLINED HERE AND HAD CITY COUNCIL DECLINE THEM, THEY COULD HAVE OPENED UP THE RESTAURANT AND CONTINUED TO SELL ALCOHOL IF THEY SO WISH, BUT THEY DIDN'T, BUT THEY COULD HAVE.

IS THAT, IS THAT KIND OF CORRECT? IT'S, IT'S A COMPLICATED ISSUE.

SO, UM, THE, THE CHALLENGE FOR ME AND AND OUR STAFF IS, UH, SO YOU'VE HAD SEVERAL EXISTING SEPS.

FIRST ONE APPROVED IN 83, THE NEXT ONE AMENDED THAT IN 91.

AND SO SINCE THAT LASTS SEP WE COULD ACCOUNT FOR AT LEAST SEVEN DIFFERENT, UM, VARIED RESTAURANT NIGHTCLUB LOUNGE CONCEPTS THAT SIMPLY APPLIED FOR A NEW CO AND WERE APPROVED WITHOUT HAVING TO COME BACK TO THE COMMISSION.

GIVEN HOW SOME OF THOSE LETTER USES OPERATED AND GIVEN HOW THIS USE WAS PROPOSING TO OPERATE, I, I FELT LIKE IT WAS GETTING OUTSIDE THE SCOPE OF THAT ORIGINAL S U BUT IT WOULD'VE BEEN CHALLENGING FOR ME TO, TO SAY IF THEY WOULD'VE, IF THEY WOULD'VE JUST PROPOSED A SIMILAR CONCEPT AND SAID, NO, THIS IS DIFFERENT THAN WHAT WE'VE BEEN APPROVING FOR THE LAST SEVERAL DECADES.

SO, UM, CREDIT TO THE APPLICANT FOR GOING THROUGH OUR PROCESS AS WELL.

THAT WAS A, A DIFFICULT PROCESS AND IT'S CHALLENGING,

[00:05:01]

SO WE'RE, WE'RE VERY HOPEFUL THAT THEY'LL BE SUCCESSFUL THERE AND, AND, AND OPERATE IT AS THEY, UH, UH, HAD PRESENTED.

GREAT.

I HAVE TWO THINGS.

UM, WHEN I READ IN THE FRIDAY NEWSLETTER THAT WE RECEIVED THAT, THAT IT HAD BEEN APPROVED, UH, I WAS SHOCKED.

SURE.

AND, BUT I THEN WENT AND LISTENED TO WHAT THE CONVERSATION WAS, AND I DON'T KNOW HOW LONG THAT WAS, BUT IT WAS A GOOD HOUR.

SURE.

AND, UM, EVERYTHING THAT YOU SAID AND MORE WAS REALLY LAID OUT AND, AND TO THE CREDIT OF THE APPLICANT, THEY DID, UH, THEY DID THE ACCOMMODATIONS AND DID WHAT WAS NEEDED TO DO.

SO, YOU KNOW, AND IT PROBABLY HAD THE, THE RIGHT RESULT AT THE END, AND IT CAME OUT THAT WAY.

AND, AND I WANT TO BE FAIR TO Y'ALL, WE COULD HAVE DONE A BETTER JOB OF PRESENTING THAT TO Y'ALL.

UH, SOMETIMES THESE RESTAURANTS GET A BIT REPETITIVE.

UM, THAT DOESN'T MEAN, UH, WE, WE DON'T THOROUGHLY VET THESE THINGS, BUT IT'S EASY TO, TO FOR, FOR SOMETHING THAT'S CLEAR TO US.

IT IS, IT BECOMES A MUCH MORE NUANCE CONSIDERATION WHEN YOU'RE PRESENTING IT TO, UH, THE PUBLIC AND THE COMMISSION.

SO WE COULD HAVE DONE A BETTER JOB OF, OF, UH, SETTING THE TABLE FOR THAT DISCUSSION.

SO WE WILL DO THAT MOVING FORWARD.

YEAH.

DON'T I, I THINK ME A LITTLE HARSH ON YOURSELF.

I MEAN, THAT'S WHAT WE'RE ALL HERE FOR.

SURE.

AND IF YOU THINK YOU'VE, YOU COULD IMPROVE, THAT'S, THAT'S FINE.

THAT'S GREAT.

YOU KNOW, TAKE TIME.

ALWAYS TRY.

BUT WE'RE HERE TO MAKE CERTAIN THAT IF YOU DON'T, UH, IF YOU FALL SHORT IN YOUR MIND OR IN OURS, YOU KNOW, WE'RE GONNA CHALLENGE YOU.

AND, AND AS WE DID, SO, I MEAN, I THINK ALL, WE'RE ALL TRYING TO GET TO THE SAME END RESULT.

I THINK IT WAS A GREAT PRODUCT AT THE END.

SO I AGREE WITH THAT.

I TOTALLY AGREE WITH THAT.

I HAVE ONE QUESTION ON PROCESS.

SO, UH, IT CAME THROUGH, RIGHT? AND YOU HAD SIX OUTTA SEVEN OF US SAY, NO, THIS DOESN'T SEEM RIGHT FOR OUR CITY.

UM, IT MADE CHANGES AND IT GOT APPROVED.

I'M JUST WONDERING WHY WE DIDN'T GET A CHANCE TO, YOU KNOW, VOICE OUR OPINION ON THE CHANGES.

SO THAT DID COME UP AND IT WOULD'VE BEEN PERFECTLY APPROPRIATE FOR THE COUNCIL TO SAY, HEY, THIS IS A, THIS IS A DIFFERENT APPLICATION.

WE WANNA SEND THIS BACK TO, TO P AND Z FOR CONSIDERATION.

UM, WITH THAT SAID, IT'S NOT INAPPROPRIATE TO, UH, ACT IN THE WAY THAT THAT STAFF RECOMMENDED THAT THEY ACT AND THAT THEY ULTIMATELY DID.

AND, AND THAT IT WAS ULTIMATELY A LESS INTENSE, UH, PROPOSAL.

IF THEY WERE DOING SOMETHING WHERE IT'S JUST KINDA SHUFFLING THE DECKS ON THE, THE CHAIRS ON THE TITANIC AND IT WASN'T LESS INTENSE, THAT PROBABLY WOULDN'T HAVE BEEN WHAT WE WOULD'VE RECOMMENDED.

BUT CONSIDERING THAT THEY, THEY DID THOSE MAJOR CHANGES, WE FELT THAT IT WAS STILL WITHIN THE SPIRIT OF WHAT WAS NOTICED.

UM, IT WAS WITHIN THE SPIRIT OF THE FEEDBACK RECEIVED FROM THIS GROUP.

AND, AND COUNCIL ULTIMATELY AGREED, CUZ I, I FEEL LIKE THEY FELT IT WOULD'VE BEEN A SIMILAR OUTCOME AT THE END.

SO THEY, THEY WANTED TO BE CONSIDERED AT THE APPLICANT'S TIME AND, AND, AND MONEY.

THANK YOU.

THEY WOULD'VE, IT WOULD'VE PUSHED IT OUT THE APPROVAL OUT TO DECEMBER.

BUT TO CLARIFY, UM, WHEN THERE IS AN APPEAL, DOES IT GO ON TO THE COUNCIL REGARDLESS, AND THE COUNCIL THEN DECIDES IF IT GOES BACK TO P AND Z OR IS THAT, IS THAT HANDLED AND DECIDED THE LEVEL OF, YOU KNOW, LIKE IF THERE IS AN INSTANCE LIKE YOU WERE SPEAKING, IT'S, UH, IT WAS, IT IMPROVED THE INTENSITY, UH, YOU KNOW, OF THE ISSUES IS WHERE DOES, WHERE'S THAT CONTROL? WHERE IS THAT DECISION ON IF IT DOES GO BACK TO P D? SO IF YOU ALL RECOMMEND TO DENY SOMETHING, IT DOESN'T, FIRST, IT DOESN'T AUTOMATICALLY GO TO COUNSEL.

THEY HAVE TO, TO MOVE FORWARD TO COUNSEL.

THEY HAVE TO CHOOSE TO APPEAL AT THE COUNCIL MEETING.

THE APPLICANT CAN REQUEST THE COUNSEL SIMPLY TO ACT ON THE APPLICATION.

UM, IN THIS CASE, THEY, THEY PROPOSED SOME MODIFICATIONS FOR COUNSEL THAT TO ACT ON, BUT COUNSEL DOES HAVE THE, THE DISCRETION CERTAINLY TO, TO, UH, REMAND IT BACK TO THE COMMISSION.

UH, THEY COULD ULTIMATELY DENY IT AND SAY, HEY, THESE CHANGES ARE, ARE ESSENTIALLY A NEW APPLICATION.

GO AHEAD AND, AND REAPPLY AND FOR, FOR COMMISSION CONSIDERATION.

BUT THEY COULD SEND IT BACK TO GL.

CERTAINLY IF IT WAS A BIGGER PROJECT, I SUSPECT THAT WOULD'VE BEEN A, A LIKELY ACTION.

UH, BUT GIVEN THE, THE SCALE OF THAT PROJECT AND REALLY NOT MUCH IS IT WOULD BE CHANGING BEYOND THAT.

UH, THEY PROBABLY, I THINK THEY THOUGHT THAT WAS THE, THE MOST EFFICIENT ACTION.

I'M PERSONALLY JUST, I'M, I'M, I THINK IT WAS A GOOD OUTCOME.

IT WAS JUST KIND OF A STRANGE WAY OF GETTING TO IT.

[00:10:01]

OKAY.

A LITTLE BIT OF AN UPDATE.

ALSO, I HAD SENT AN EMAIL TO KEN ASKING HIM, UM, CAUSE A COUPLE OF US HAVE SEEN SOME CONSTRUCTION GOING ON AT THAT RATHER CONTENTIOUS SOUTHWEST CORNER OF VILLAGE ON THE PARKWAY, WHERE REMEMBER A COUPLE YEARS AGO THERE WAS AN APARTMENT TO BE PROPOSED, EVERYTHING ELSE.

AND, UM, AND SO I, I SAW CONSTRUCTION.

I ASKED KEN WHAT IT WAS.

WELL, IT'S GONNA BE A TESLA RE RECHARGE STATION, WHICH IS, SO IF ANY OF YOU ARE APPROACHED BY YOUR NEIGHBORS OR FAMILY OR FRIENDS WHO VISIT VILLAGE ON THE PARKWAY AND SAY, HEY, WHAT'S GOING ON? CAUSE I'VE BEEN APPROACHED MULTIPLE TIMES BEFORE I WROTE TO KEN BY OUR NEIGHBORS SAYING, WHAT, YOU KNOW, WHAT'S GOING ON IS THEY'RE BUILDING APARTMENTS.

I'M LIKE, DON'T THINK SO.

I THINK I WOULD'VE REMEMBERED THAT ONE.

SO I KNEW IT WASN'T ANYTHING EXTRAORDINARY, BUT STILL IT IS RAISING QUESTIONS STILL.

ANYWAY, SO ANYTHING ELSE, KEN ON? OKAY.

YES SIR.

UH, WE'VE GOT TWO ITEMS FOR THE CONSENT AGENDA.

TOM, BEFORE WE GO ON, I, I DO HAVE A SORT OF A FOLLOW UP WITH, DOESN'T HAVE ANYTHING TO DO WITH, UM, THE RESTAURANT THAT WE'RE TALKING ABOUT.

THIS IS JUST AN, AN OBSERVATION THAT, AND THE MAYOR BROUGHT IT UP AT THE COUNCIL MEETING AS WELL.

YOU KNOW, UM, IT'S A PERSONAL CHOICE TO NOT HAVE A LIQUOR LICENSE.

I GET THAT.

AND IT IS, UM, BUT THE IDEA OF IN 2022 THAT EITHER B Y O B IS ALLOWED OR IS NOT ALLOWED IS HARKEN BACK TO THE SIXTIES, FIFTIES AND WHATEVER.

SO, AND, AND IT'S UNENFORCEABLE.

YOU KNOW, THE THET C IS NOT GONNA GO INTO THESE RESTAURANTS BECAUSE THEY DON'T HAVE A LIQUOR LICENSE, SO THEY GOT NO REASON TO GO IN THERE.

THE ONLY PEOPLE THAT THE TOWN DOESN'T HAVE ANY REASON TO GO IN THERE UNLESS THERE'S AN INCIDENT THAT DIRECTS 'EM TO GO THERE.

THE ONLY PEOPLE THAT ARE GOING IN THERE IS THE HEALTH DEPARTMENT TO GIVE THEM A RATING OR TO SEE THAT THEY'RE UP TO SPEED AND STANDARDS FOR WHATEVER THEIR RESTAURANT FACILITIES ARE.

SO THEY'RE NOT TURNING IN ANYBODY EITHER.

I, I'M JUST A LITTLE BIT SKEPTICAL ABOUT EITHER HAVING B Y O B OR NOT HAVING IT.

CAUSE IT'S IMPOSSIBLE TO ENFORCE.

IMPOSSIBLE.

IT, IT'S, IT'S CERTAINLY VERY CHALLENGING.

UM, I, I DO BELIEVE IF YOU HAVE A BAD ACTOR AND YOU HAVE THE WILL TO ENFORCE SOMETHING, YOU CAN DO IT.

UM, LIKE A LOT OF THINGS FROM A CODE ENFORCEMENT STANDPOINT, WE FREQUENTLY HAVE BUSINESSES, PROPERTY OWNERS, RESIDENTS THAT UH, HAVE, UH, FREQUENT MINOR CODE ISSUES THAT, UH, BECAUSE WE MAY NOT NECESSARILY BE PROACTIVELY ENFORCING CODE, THEY'RE, THEY'RE NOT ENFORCED ON A REGULAR BASIS.

UM, WHERE THERE'S THE BAD ACTORS, WHICH IS WHAT WE'RE MOST CONCERNED WITH AND WHY WE, WE HAVE, UM, WE LOOK AT THAT ISSUE WHEN WE HAVE FOLKS THAT, UM, UH, MAY, UH, BE, UH, LOOKING FOR OPPORTUNITIES OR, OR, UH, PERCEIVED AS LOOKING FOR AN OPPORTUNITY TO GET AWAY, UH, GET AROUND THE TC REQUIREMENTS.

UH, IT, IT'S SOMETHING THAT IS GOOD TO HAVE ON THE BOOKS AND THE EVENT THAT IT TRULY BECOMES A, A BAD ACTOR AS A PROPERTY.

AND IT'S SOMETHING THAT WE WANT TO, UH, THAT'S WORTH THE GOING THROUGH THE, THE WORK AND THE CHALLENGES OF ACTUALLY ENFORCING THAT.

SO, UH, IN PRACTICE, I AGREE, IT IS DIFFICULT TO ENFORCE, BUT I, I, I DON'T NECESSARILY AGREE THAT IT'S IMPOSSIBLE TO ENFORCE.

IT'S, IF IT'S NOT IMPOSSIBLE, IT'S THE NEXT THING CLOSEST TO IT.

CAN I HAVE JUST A QUICK, REAL QUICK, REAL QUICK, YOU KNOW, ANYTHING ABOUT, UH, THE HAMPTON IN, I THINK IT IS ON BELTWAY, AND WHAT DO YOU KNOW ABOUT THE OLD, UH, CHAMBERLAIN'S FISH MARKET? IS THAT, SO THE HAMPTON INN HAS HAD A SEVERAL CHANGES IN OWNERSHIP, UM, OVER THE LAST YEAR.

MOST RECENTLY, UH, I THINK THEY, THEY GAINED A MORE STABLE OWNER.

UH, SO THEY'RE IN THE PROCESS IF THEY HAVE NOT ALREADY, UH, GOTTEN READY TO, UM, UH, UH, REOPEN THE FACILITY THEY WERE IN, UH, UH, EXECUTING SOME PRETTY SIGNIFICANT, UH, REMODELING PROJECTS FOR THAT PROPERTY OVER THE LAST YEAR.

AND THERE WAS A PRETTY ABRUPT CHANGE, UH, IN OWNERSHIP IN, IN RECENT MONTHS.

SO THAT, THAT HAS, UH, BEEN THE SOURCE OF

[00:15:01]

UH, CHAMBERLAINS, UH, I UNDERSTAND THAT, UH, THEY WERE WORKING THERE FOR A BIT AND THEN THINGS DIED DOWN.

AGAIN, I NEED TO CHECK IN WITH THEM.

UH, THAT'S OBVIOUSLY BEEN A, A CHALLENGE PROPERTY AND WE'RE HOPEFUL TO SEE THAT THAT BARBECUE, UH, CONCEPT GO IN THERE.

AND, UH, I HAVEN'T RECEIVED ANY COMMUNICATION SUGGESTING THAT THAT WON'T HAPPEN.

BUT OBVIOUSLY THE, THE TIMING, UH, DOES NOT GO WELL GIVEN THAT, UH, IT'S BEEN OVER.

THANK YOU.

OKAY.

[2. Discussion regarding items on the agenda for the October 18, 2022 Planning and Zoning Commission Regular Meeting: September 20, 2022 Planning and Zoning Commission Meeting Minutes Replat request for Lots 1R1 & 2, Block A of the Printemps Addition No. 2 (R2022-05/3820 Belt Line Road) Special Use Permit request for Hawkers (1859-SUP/5100 Belt Line Road, Suite #430) Planned Development Amendment request for Nate's Seafood & Steakhouse (1863-Z/14951 Midway Road) Planned Development Amendment request for 18 Runyon Road (1862-Z/18 Runyon Road) Special Use Permit request for Puttshack (1864-SUP/5100 Belt Line Road, Suite #600)]

ONE IS THE MINUTES FROM OUR SEPTEMBER 20TH MEETING.

I HOPE EVERYONE'S HAD A CHANCE TO REVIEW THE MINUTES TODAY.

MIGHT HAVE ANY QUESTIONS, EDITS, REVISIONS.

THE ONLY QUESTION I HAD IS I THOUGHT THAT, THAT OUR, OUR VOTE WAS UNANIMOUS, UH, AGAINST THE RESTAURANT.

AND IT WAS THAT YOU, I VOTED, I I I DIDN'T KNOW THAT.

YEAH, I MOTION ANYTHING ELSE, BOB? MM-HMM.

OKAY.

NO, THE OTHER ONE IS A REAT LOTS.

ONE R ONE AND TWO AND BLOCK A KIM LESLIE AND ONE YOU WANNA SHARE.

UM, SO THIS IS THE SOLID AND GO SITE THAT, UM, YOU ALL APPROVED THE ZONING FOR US OR RECOMMEND APPROVAL FOR, AND CITY COUNCIL ULTIMATELY APPROVED SEVERAL MONTHS AGO.

UM, THERE'S NOTHING, UH, VERY UNIQUE ABOUT THIS OTHER THAN A STAFF IS RECOMMENDING ONE, UM, CONDITION IS THAT THE, THEY, THE APPLICANT HAS EXPRESSED INTEREST IN, UM, DEDICATING THE SHARED ACCESS EASEMENT AS A SEPARATE INSTRUMENT.

AND, UM, THEY'RE, THEY CAN DO THAT HOWEVER, WE, UH, ARE ASKING THAT, THAT ACCESS EASEMENT BE EXECUTED PRIOR TO THE FILING OF THE REPLANT.

SO BE THAT THE REPLANTS, MOST ONES WE HAVE ARE JUST SIMPLY YOU GOING, SOMETHING SHOULD BE REDRAWN.

SO WE SPLIT IN HALF WHATEVER ELSE.

THIS ONE, MY MEMORY SEARCH IS THE ONLY FIRST ONE I'VE SEEN WHERE THERE WERE ACTUALLY SOME CONDITIONS, UH, REAT.

SO IF WE'RE DOING CONSENT AGENDA, DO WE NEED, DO, DOES SOMEONE NEED IN THEIR MOTION TO APPROVE THE CONSENT AGENDA, NEED TO GO THROUGH THIS AND, AND PUT THOSE CONDITIONS ON THE RECORD? OR CAN WE JUST SIMPLY APPROVE THE CONSENT AGENDA AS AS WRITTEN SO YOU CAN, UH, APPROVE IT AS WRITTEN OR AS PRESENTED? UM, AND, AND YOU CAN, IF YOU WISH TO, TO SAY WITH STAFF RECOMMENDATIONS, SOMEBODY MAKE NOTE OF THAT.

GOING TO MAKE THE MOTION FOR THE, UH, CONSENT AGENDA.

UM, DO WE HAVE TO DO THAT? CAN'T WE JUST APPROVE THE CONSENT AGENDA? YEAH.

AS PRESENTED? YEAH.

YES.

THAT'S THE EASY ONE.

INSTEAD OF PULLING IT OUT.

NO, IT'S CONSENT AGENDA SHOULD JUST BE A CONSENT AGENDA.

IT SHOULD NOT.

OKAY.

RIGHT.

CHRIS? ACTUALLY MAYBE MAKING A MOTION.

.

OKAY.

MOVING ON TO THE REGULAR GEN ITEMS. I'M GONNA GO BACKWARDS CUZ SOME OF THESE I THINK BE PRETTY QUICK.

WE ONLY HAVE 10.

THE GOLF RESTAURANT THING HAS BEEN TABLE.

YES.

SO ALL WE GOTTA DO IS MAKE A MOTION TO ACCEPT THE POST NATE STEAKHOUSE.

THERE ARE TWO ITEMS, BUT AREN'T THEY ONE REALLY, I MEAN, DO WE HAVE TO GO THROUGH BOTH OF 'EM WITH A PUBLIC HEARING OR CAN WE KIND OF COMBINE THEM? UM, SO, UH, I WILL BE PRESENTING THEM TOGETHER AND, UH, I BELIEVE THAT YOU CAN OPEN THE PUBLIC HEARING FOR BOTH.

JUST IDENTIFY THAT THE PUBLIC HEARING IS OPEN FOR BOTH ITEMS. AND THEN, UM, I IF YOU WOULD LIKE, UH, I BELIEVE YOU COULD ALSO COMBINE THE MOTION, HOWEVER, THE MOTION GETS KIND OF TRICKY BECAUSE THERE ARE CONDITIONS ON ITEM FIVE AND NOT ON ITEM FOUR.

SO I WOULD RECOMMEND MAKING TWO SEPARATE MOTIONS FOR THOSE ITEMS. OKAY.

SO WE'LL HAVE ONE DISCUSSION, ONE OPEN PUBLIC MEETING, AND THEN TWO MOTIONS FOR, FOR PROCESS.

I'D RECOMMEND TWO PUBLIC HEARINGS AND, AND, AND TWO MOTIONS AND ACTIONS.

OKAY.

AND WE'LL JUST DO ONE PRESENTATION SO YOU'LL HEAR LESS OF US.

OKAY.

CAN I, I WE ITEM, UH, IT'S NUMBER FIVE HERE.

IT'S CASE 1862.

I'M STILL A LITTLE CONFUSED ON WHAT WE'RE TRYING TO DO WITH THAT ONE.

THAT'S FRIGHTENING RED.

WE WILL, WE WILL DIVE DEEP INTO THAT.

SO, UH, BASICALLY THE, THE ISSUE THAT, UH, TIES THE NATE'S PROPERTY TO THAT IS THE, UH, MIDWAY ROT RECONSTRUCTION PROJECT.

SO, UM, WITH THAT PROJECT, BECAUSE THE RIGHT OF WAY NEEDED TO EXPAND TO ACCOMMODATE THE, UH, 10 FOOT SHARED USE TRAIL ON THE WEST SIDE OF MIDNIGHT MIDWAY ROAD, THE TOWN HAD TO, UH, UH, NEGOTIATE WITH ADJACENT PROPERTY OWNERS TO ACQUIRE THE NECESSARY LAND TO DO THAT.

SO THAT IMPACTED MOST OF THE PROPERTY OWNERS ALONG THAT MIDWAY ROAD FRONTAGE.

UH, WE'RE HERE TONIGHT FOR NATE'S AS PART OF THAT NEGOTIATION BECAUSE, UH, PART OF THAT CONSIDERATION, UH, THAT

[00:20:01]

IT'S WHAT WE'RE DOING ON THE, ON THE BACKSIDE.

LIKE THERE'S, THERE'S A PORTION OF IT THAT WE'RE GIVING THE NATES, WHICH I GET, I I FEEL LIKE 1862, NUMBER FIVE HERE.

THAT'S SOMETHING DIFFERENT.

WHAT, WHAT ARE WE TRYING TO ACCOMPLISH WITH THAT ONE? ARE YOU TALKING ABOUT THE REMAINDER THAT WOULD NOT HAVE THE NATES? YES, YES.

UH, SO, SO THAT THE, THE REMAINDER NO ZONING ACTION IS OCCURRING ON THAT STILL OWNED BY THE CITY.

AND THEN YOU GET INTO THIS ISSUE, WHICH WAS REALLY A HOT BUTTON THAT, THAT ROAD THAT'S GONNA, UM, FLOW, UM, NORTH AND SOUTH ENDS UP IN THE, TO THE, THE BALLARDS.

WHAT, WHAT IS THAT WAY? THE HEADS TOWARDS BALLET? YES, EXACTLY.

YEAH.

SO, SO THERE WOULD BE NO ACCESS TO ADDISON GROVE FROM THIS AREA, JUST LIKE IT, JUST LIKE IT IS NOW.

THERE WOULD BE NO ACCESS TO, TO RUN TO MAGNOLIA OR RUN ROAD.

SO, SO THIS ROAD THAT EVENTUALLY IS GONNA BE THERE WITH THE BALLARDS, IT, YOU'RE NEVER GONNA BE ABLE TO ACCESS NATES INTO THAT.

CAUSE IF, IF SOMEBODY SOMEWHERE DOWN THE ROAD SAYS, OH, WE DON'T NEED THE BALLARDS ANYMORE, YOU'RE NOT GONNA BE ABLE TO CUT THROUGH TO GET, SO, SO THOSE ARE DIFFERENT BALLARDS.

SO THE BALLARDS THAT WILL GO AT THE SOUTHERN LIMIT OF MAGNOLIA, THOSE ARE NOT INSTALLED YET.

THEY'RE THE CURRENT CONDITION YOU SEE OUT THERE WHERE THERE'S NO CONNECTION BETWEEN THE EXISTING PARKING LOT WE'RE TALKING ABOUT.

AND THE, AND THAT ROAD, WHICH IS MAGNOLIA, THAT IS NOT GOING TO CHANGE.

SO THERE'S GONNA BE NO STREET CONNECTION THROUGH THIS PARKING LOT TO THAT ROAD.

ESSENTIALLY, IF THEY EVER EXPANDED THIS PARKING LOT AND HAD MORE PAVING, THEY'D HAVE TO WALL IT OFF WITH A, A MASONRY SCREENING WALL TO SCREEN IT FROM ADDISON GROVE.

OKAY.

THAT, THAT WAS REALLY MY CONCERN.

SO THERE WON'T EVER BE ANY CONNECTIVITY? NO.

OKAY.

BUT I'M CONFUSED BECAUSE I WAS IN ADDISON GROVE ON RUNION AND UM, RIGHT THERE AT RUNION AND MAGNOLIA AND GOT FROM THERE THROUGH THAT PARKING AREA BACK THERE TO MIDWAY.

SO YOU CAN GO THROUGH THE LA VENTANA SNUFFERS LOT FROM THE ADJACENT MULTI-FAMILY DEVELOPMENT.

THERE'S THAT EXISTING DRIVE THAT'S THE ONLY ACCESS TO SNUFFERS AND LA VENTANA.

THERE SHOULD NOT BE ANY ACCESS FROM SNUFFERS AND LA VENTANA TO THIS, UH, TO THE NATE'S PROPERTY AND OVER TO MIDWAY.

GENERALLY THAT WOULD REQUIRE YOU TO HOP ON EXISTING CURB AT THE PARKING LOT.

YEAH, SEE, I, I THINK YOU'RE RIGHT WITH THAT, BUT I DON'T KNOW THAT THE CURB IS A DETERRENT IF YOU REALLY WANTED TO GET TO WHERE YOU WERE GOING.

IT'S NOT LIKE IT'S THREE FOOT TALL.

IT'S A CURVE AND IT ALMOST LOOKS LIKE THERE'S, SO THE, THE GOOD THING WITH THIS PARTICULAR PROPOSAL IS AN ACKNOWLEDGEMENT OF THAT CONCERN.

UH, YOU'LL SEE ON THE PLANS THAT THERE'S SEVERAL AREAS WHERE THERE WOULD EITHER BE REMOVABLE BALLARDS OR A CHAIN OR A GATE TO PREVENT THAT.

SO SOMETHING MORE PHYSICALLY RESTRICTING THAN SAY A CURB THAT HAS SOME DIRT BUILT UP ON TRASH THAT I COULD EASILY JUMP IN MY FT.

RIGHT.

AND WE DO HAVE OUR DIRECTOR OF PUBLIC WORKS AND ENGINEERING SHANNON HICKS WITH EVENING.

SO IF YOU HAVE ANY PROJECT SPECIFIC QUESTIONS ON, UH, THAT MIDWAY ROAD PROJECT AND THAT THAT NEGOTIATION, HE CAN, HE CAN PROVIDE EVERYBODY EVEN MORE DETAIL FOUR WHEEL DRIVE BROCO LIKE YOU DO APPARENTLY .

OKAY.

LAST ONE THEN IS, IS HAWKERS ANYTHING UNUSUAL NEED TO KNOW ABOUT BEFORE, BEFORE THE REGULAR SESSION DURING YOUR PRESENTATION LAST YOU GIVEN IN THIS ONE? YES.

UM, THIS IS AN S U FOR A RESTAURANT WITH ALCOHOL SALES.

UH, THE ONLY UNIQUE ITEM ON THIS, UM, FOR THIS CASE IS THAT, UH, TREE MITIGATION, UM, THEY WERE NOT ABLE TO FULFILL THE TREE MITIGATION REQUIREMENTS.

UM, AND THEY ARE, UM, THEY WILL HAVE REQUESTED TO PAY A FEE IN LIEU OF A MITIGATION.

OKAY.

I, YOU, YOU SENT ME VERY NICE LENGTHY REPLIED MY QUESTION ON THIS ONE, BUT THE REAL QUESTION, WHICH IS MORE JANA TYPE QUESTION IS, AND, AND I WON'T GET TO IT NOW, BUT I'VE BEEN FORCED TO GET INTO TREE MITIGATION POLICY HERE RECENTLY THAT THEORETICALLY EACH CALIPER TAKES ABOUT A YEAR FOR A TREE TO GET ESTABLISHED.

SO IF YOU HAVE A FOUR INCH COW TREE TAKES ABOUT FOUR YEARS, EIGHT INCH COULD TAKE EIGHT YEARS.

AND SO WHEN YOU GUYS WERE RECOMMENDING AN EIGHT INCH, I'M SITTING HERE THINKING THIS THING'S GONNA BE SITTING OUT IN THE PARKING LOT, NOBODY'S GONNA BE TAKING CARE OF IT.

AND IT HAS TO KIND OF SURVIVE ON ITS OWN FOR EIGHT YEARS BEFORE IT REALLY GETS ESTABLISHED AND IT BECOMES DROUGHT TOLERANT AND TOLERANT TO THE LOCAL ENVIRONMENT.

WHEREAS IF YOU GO TO A FOUR INCH OR EVEN A TWO INCH, YEAH, IT'S THIS PUNY TREE TO START WITH, BUT IT GETS ESTABLISHED IN, IN JUST IN A COUPLE YEARS AND BY THE TIME IT GETS TO BE EIGHT YEARS OLD OR EIGHT INCH CPER OR EIGHT YEARS OLD, IT IS MUCH HEALTHIER AND ACTUALLY EVEN LARGER

[00:25:01]

SO MY QUESTION'S MORE GENERIC, NOT NECESSARILY TIED TO HAWKERS, BUT IT'S KIND OF A GENERIC AS WE GO FORWARD, I'D LIKE TO KIND OF GET JANA'S INPUT TO WHAT IS BETTER TO PUT IN SOME PLACES TWO INCH, FOUR INCH, EIGHT INCH, UM, AS TWO HUNDREDS OF COST AND ALSO JUST SURVIVABILITY IN THIS CURRENT ENVIRONMENT WE'RE DEALING WITH.

CAUSE I'M NOT CERTAIN IN A PARKING LOT, AN EIGHT INCH TREE IS GOING TO MAKE IT IN THE TIME IT TAKES RICK TO GET ESTABLISHED.

SO THAT WAS JUST MY POINT.

YEAH.

AND, AND THE OTHER, UM, WE WILL DEFINITELY REACH OUT TO JAN ABOUT THAT.

THE OTHER UM, COMMENT I LIKE TO SHARE IS, UM, THE PARK OR THE LANDSCAPING IS REQUIRED, SO IT'S A CODE ENFORCEMENT ISSUE IF THEIR LANDSCAPING WAS DEAD.

SO IF THAT TREE DID, UM, DIE OR NOT SURVIVE OR WAS UNHEALTHY, UH, WE COULD ENFORCE THEM, ENFORCE THE, THE REPLANTING OR YOU KNOW, THE MAINTENANCE OF THAT.

UM, JUST THAT WE'VE DONE IN OTHER AREAS OF, OF VILLAGE.

ON THE PARKWAY.

YOU ALSO BROUGHT UP A INDUSTRY POINT IN THE REPLY BACK TO ME, WHICH IS THAT YOU GUYS REALLY PREFERRED NOT TO GET THE DOLLARS, YOU RATHER HAVE TREE.

AND, AND I UNDERSTAND THAT BUT UM, IT SEEMS TO ME THAT DOLLARS WOULDN'T SIT TOO LONG ENOUGH FUND BECAUSE, YOU KNOW, A COUPLE, TWO, THREE YEARS AGO WHEN THAT STORM CAME THROUGH, WHEN WE LOST HUNDREDS OF TREES IN ADDISON, I WOULD THINK THAT THERE'D BE PLENTY OF PLACES TO SPEND MONEY TO PUT TREES IN WHEN YOU GOT TREE MITIGATION DOLLARS TO DO THAT.

UM, I KNOW THIS WAS A QUESTION WITH THE, UH, THECA, UM, AND THEY DIDN'T QUITE KNOW WHERE TO PUT ALL THAT, THOSE DOLLARS AND, AND, BUT IT JUST SEEMS TO ME THAT WITH ALL THE DARK TREES WE LOST A COUPLE YEARS BACK THAT JAN SHOULD BE ABLE TO FIND A SPOT.

AND SO IF YOU DO GET, YOU KNOW, $5,000, IT, IT'S, IT'S ALMOST AS GOOD AS GETTING A TREE BECAUSE YOU SHOULD BE, BE ABLE TO TURN AROUND OR JANET SHOULD BE ABLE TO TURN AROUND FAIRLY QUICKLY AND GET A TREE IN THE GROUND.

SO I DON'T KNOW WHY YOU WOULD NECESSAR, I UNDERSTAND, BUT IT SEEMS TO ME PUTTING A TREE IN THE GROUND FOR THIS TYPE OF SITUATION IS, IS UM, EQUAL PAR WITH GETTING DOLLARS AND PUT A TREE IN SOMEWHERE ELSE WHERE IT'S NEEDED.

SO AGAIN, JUST MY GENERAL THOUGHTS ON THE COMMENT AND THE OTHER ONE WAS PARKING OUT HERE, THE 2000 PLUS OR MINUS THAT YOU MENTIONED, DOES THAT INCLUDE THE GARAGE? YES.

SO THAT THERE IS, SHOULD I GET YOU THE NUMBERS? UH, 1640 SURFACE PARKING SPACES AT VILLAGE ON THE PARKWAY AND 622 GARAGE PARKING SPACES.

OKAY.

FOR SOME REASON I THOUGHT IT WAS A THOUSAND AT THAT GARAGE, BUT, BUT REGARDLESS, THE TOTAL NUMBER WE'RE GETTING CLOSE.

I MEAN IT USED TO BE YEAH, , WE ALWAYS HAD PLENTY OF ROOM ASSUMING EVERYBODY PARKED IN THE GARAGE AND EVERYBODY ELSE.

BUT NOW IF EVERYBODY PARKS IN THE GARAGE AND EVERYBODY ELSE, WE'RE ALMOST GETTING TO THE POINT WHERE WE'RE 150.

YEAH.

SO IT'S LIKE ONE MORE RESTAURANT AND WE'RE DONE.

SO WHAT'S, WELL, SO IT'S THE NEXT STEP, IT'S ACCOUNTED FOR FULLY WELL EXISTING CONDITIONS, SO OBVIOUSLY, AND IN THE PROPOSED CONDITIONS.

SO FOR EXAMPLE, IF LIKE WHERE THE TESLA STATION IS GOING, IF THAT WERE TO BE TO HAVE A NEW BUILDING, THEN IT WOULD THROW OFF THE PARKING.

BUT ALL THE EXISTING BUILDINGS ARE ACCOUNTED FOR IN THAT RATIO.

SO THIS IS PROBABLY UN UNDOABLE.

YOU GOT TWO MINUTES BOB .

WE CAN, WE CAN GO.

UH, IS THERE ANY WAY TO MONITOR, UH, UBER AND LYFT AND ANY OTHER VEHICLES THAT GO IN? AND, BECAUSE WE TALK A LOT ABOUT HOW TODAY IN TODAY'S WORLD PEOPLE ARE, ARE USING UBER AND LYFT, WHICH SHOULD ALLEVIATE SOME OF THE PARKING PROBLEMS THAT WE'RE TALKING ABOUT.

IS THERE ANY WAY TO BE ABLE TO DOCUMENT THAT? I KNOW THAT'S NEARLY IMPOSSIBLE.

I GUESS I THINK THERE'S PROBABLY STUDIES AND DATA OUT THERE THAT YOU COULD, UH, USE AS A, AS A COMP TO OUR CONTEXT.

UM, AND THEN PROBABLY SOME OF THE, UH, RETAIL, UM, PROPERTY MANAGERS PROBABLY WOULD LOOK AT THAT ISSUE, UH, A BIT MORE THAN, AND HAVE THE BANDWIDTH TO DO IT MORE THAN WE DO.

UH, I'M NOT AWARE OF ANY ANALYSIS THAT, UM, CITIES ARE DOING SPECIFICALLY TO, TO ACCOUNT FOR THAT ISSUE.

SEE, BECAUSE I THINK IT WORKS BOTH WAYS.

I THINK THE, THE UM, RESTAURANT OWNERS OR THE ESTABLISHED OWNERS WILL USE IT AND SAY, WELL THEN I GOT A LOT OF MY CUSTOMERS COMING AND GOING VIA UBER.

AND WE'LL SAY, WELL WE'VE GOT A LOT OF, WE DON'T NEED ALL MY PARKING CUZ WE GOT A LOT OF PEOPLE COMING AND GOING WITH UBER AND, AND SO THEY'RE BOTH USING IT TO THEIR ADVANTAGE.

IT'D BE NICE IF WE COULD, YOU KNOW, SUBSTANTIATE IT ONE WAY OR THE OTHER.

OKAY.

JUST SO WE'RE NOT IN VIOLATION OF ANY STATE LAWS.

I'M GOING TO ADUR IN THE WORK SESSION AND IN ABOUT 30 SECONDS, START RIGHT ON TIME.