Oct 18, 2022 Planning &amp; Zoning Commission

I CAN SKIP STRAIGHT TO OUR FIRST ITEM BUSINESS, WHICH IS THE CONSENT AGENDA.

UM, WE ARE MISSING, UH, COMMISSIONER DENISE FANSLER AND JOHN MALACHY'S TONIGHT, BUT WE STILL HAVE A QUORUM.

SO THAT BEING THAT WE DO HAVE A QUORUM, I NOW CALL THE REGULAR MEETING OF AS PLANNING COMMISSION TO ORDER.

IS TUESDAY, OCTOBER 18TH, 2022 TO 6:00 PM AT ADDISON TREEHOUSE, AS WE DO AT THE BEGINNING OF EVERY MEETING.

PLEASE STAND, JOIN ME IN THE PLEASURE OF ALLEGIANCE.

MY PLEDGE OF ALLEGIANCE FLAG, UNITED STATES OF AMERICA TO THE REPUBLIC.

IT STANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY JUSTICE.

WELL, AFTER ALL THE, UH, UNSOLICITED EMAILS WE'VE BEEN GETTING THE LAST COUPLE DAYS, I'M SURPRISED WE DON'T HAVE ANY GUESTS HERE TONIGHT, BUT, UH, WE'RE SHOCKED WE DON'T.

[ Consent Agenda: All items listed under the Consent Agenda are considered routine by the Planning and Zoning Commission 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.]

THERE ARE TWO ITEMS. ONE IS THE MINUTES FROM THE SEPTEMBER 20TH, 22 PLANNING, ZONING, COMMISSION MEETING, AND THE OTHER IS TO CONSIDER ACTION A REPLAY OF LOTS, ONE, R ONE, AND TWO BLOCK A OF THE PRINT.

TES EDITION NUMBER TWO, COMPRISING 2.034 ACRES, SITUATED IN THE THOMAS CHANNEL WIDTH SURVEY, ABSTRACT NUMBER 2 7 3, AND LOCATED SOUTH OF BELTLINE ROAD IN APPROXIMATELY 1,275 FEET EAST OF MARSH LANE.

THIS WILL BE CASE R 2 22 5 SLASH PRINT TABS.

ADDITION NUMBER 2 38 20 BELTLINE ROAD.

DO I HEAR A MOTION TO APPROVE THE CONSENT AGENDA? I MAKE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED BY STAFF.

DO I HAVE A SECOND? WE HAVE A MOTION BY CHRIS AND SECOND JULIE.

[3. Hold a Public Hearing, Present, Discuss, and Consider Action on a Recommendation regarding an Ordinance Approving a Special Use Permit (SUP) for Property Located at 5100 Belt Line Road, Suite #430 that is currently zoned Planned Development (PD), through Ordinance Nos. O12-002 and O20-08, to allow a Restaurant with the Sale of Alcoholic Beverages for On-Premises Consumption. Case 1859-SUP/5100 Belt Line Road, Suite #430 (Hawkers). ]

NEXT ITEM ON BUSINESS IS ITEM THREE ON THE AGENDA.

IT IS TO HOLD A PUBLIC HEARING PRESENT, DISCUSS ACTION ON A RECOMMENDATION REGARDING AN ORDINANCE APPROVING A SPECIAL USE PERMIT U FOR PROPERTY, LOCATED AT 5,100 BELTLINE ROAD, SUITE NUMBER FOUR 30.

THAT IS CURRENTLY ZONED PLANNED DEVELOPMENT PD THROUGH ORDINANCE NUMBERS OH ONE TWO DASH 0 0 2 AND OH TWO ZERO DASH ZERO EIGHT.

YOU ALLOW A RESTAURANT WITH THE SALE OF ALCOHOLIC BEVERAGES FOR ON PREMISES CONSUMPTION.

THIS IS CASE 1859 U SLASH 5,100 BELTLINE ROAD, SUITE NUMBER FOUR 30, ALSO KNOWN AS HAWKERS.

SO, LESLIE, IF YOU COULD GIVE US STAFF PRESENTATION, PLEASE.

UM, TO 10:00 PM SUNDAY THROUGH THURSDAY.

LESLIE.

NIGHT PLANNING AND DEVELOPMENT CENTER TOWN, UM, THIS ITEM IS, UH, LOCATED AT VILLAGE ON THE PARKWAY AT SUITE FOUR 30.

UM, THIS REQUEST IS FOR A SPECIAL USE PERMIT FOR A RESTAURANT WITH THE SALE OF ALCOHOL FOR ON PREMISE CONSUMPTION.

THIS PARTICULAR SITE, A VILLAGE ON THE PARKWAY, UM, WAS ORIGINALLY REZONED FROM LOCAL RETAIL TO PLAN DEVELOPMENT IN THE SIXTIES.

AND MORE RECENTLY HAS, UM, TAKEN ON WHAT WE NOW KNOW AS VILLAGE ON THE PARKWAY.

UM, AND THEN IN 2020, A PD AMENDMENT WAS ADOPTED TO ALLOW A MIXED USE PARKING RATIO, WHICH, UM, HAS BEEN APPLIED TO THIS CASE.

AND THEN THE, UM, CURRENT, UH, CASE FOR YOU TONIGHT IS FOR THE AN S U FOR SUITE FOUR 30 AT VILLAGE ON THE PARKWAY FOR RESTAURANT WITH ALCOHOL SALES.

UH, PREVIOUSLY THIS SUITE OPERATED AS SEVERAL DIFFERENT OFFICE USES, UM, AND I DON'T BELIEVE HAS HAS PREVIOUSLY BEEN USED AS A RESTAURANT.

THIS, UH, PARTICULAR RESTAURANT IS JUST OVER 5,200 SQUARE FEET OF INTEN INTERIOR, UH, FLOOR AREA.

AND THEN, UH, THEY'RE ALSO PROPOSING THE, UM, EXPANSION OF THE PATIO AREA TO ENCOMPASS, ENCOMPASS JUST OVER 1400 SQUARE FEET.

UH, THIS PARTICULAR, UH, RESTAURANT CONCEPT IS A ASIAN STREET FOOD, UH, KIND OF A, A BLEND OF, OF DIFFERENT CULTURES.

THEY OFFER, UM, BOTH AN INDOOR AND OUTDOOR BAR.

UM, AS YOU CAN SEE ON THE, UM, WEST FACADE IN THE PATIO AREA.

UH, THEY ALSO, UM, HAVE, UH, OPEN KITCHEN CONCEPT AS WELL.

SO YOU CAN SEE INTO THE KITCHENS.

THE SEATING PROVIDED IS, UH, 162 SEATS INDOORS AND THEN 105 ON THE PATIO.

AND AS I MENTIONED PREVIOUSLY, THEY ARE SOMETHING TO SELL ALCOHOL.

THEY'RE HOURS OF OPERATION, UH, 11:00 AM

[00:05:02]

AND THEN THEY ARE PROPOSING TO, UM, STAY OPEN ADDITIONAL HOUR UNTIL 11:00 PM ON FRIDAY AND SATURDAY.

FOR VILLAGE ON THE PARKWAY, THERE IS, UH, A PARKING RATIO THAT APPLIES TO ALL USES WITHIN THE, THE PLAN DEVELOPMENT EXCEPT FOR THEATERS THAT HAS A DIFFERENT, UM, PARKING RATIO.

AND SO ALL EXISTING FLOOR AREA, UM, WAS ACCOUNTED FOR WHEN THAT PLAN DEVELOPMENT WAS, UH, APPROVED IN 2020.

AND THAT APPLIED A RATIO OF ONE SPACE FOR EACH 225, UH, SQUARE FEET, UH, A FLOOR AREA WITHIN VILLAGE ON THE PARKWAY.

UH, BASED ON THAT RATIO AND BASED ON THE EXISTING FLOOR AREA, THE REQUIRED PARKING WOULD BE, UH, 2052 SPACES.

UM, WHAT IS CURRENTLY PROVIDED IN SURFACE PARKING AND THE EXISTING, UM, GARAGE STRUCTURE IS, UH, 2262 SPACES.

UH, THE REASON THIS ALL COMES INTO PLAY IS BECAUSE WITH THE PATIO EXPANSION, UH, HAWKERS IS PROPOSING TO, UH, REMOVE TWO 14 INCH, UM, CEDAR ELM TREES.

AND IN HOPES TO MITIGATE THAT, THEY ARE PROPOSING TO ADD A LANDSCAPE ISLAND JUST SOUTH OF THE, UM, UH, EXISTING PATIO WITH A, UH, EIGHT INCH CALPER TREE.

THIS WOULD OBVIOUSLY ELIMINATE THE PARKING SPACE AND, UH, REDUCE THE OVERALL PARKING ON VILLAGE OF THE PARKWAY BY ONE SPACE, UH, RESULTING IN, UH, 2,261 SPACES, UH, STILL, UM, FAR WITHIN OR FAR ABOVE THE REQUIRED, UH, PARKING FOR THE ENTIRE SITE.

NOW, FOR OPEN SPACE AND LANDSCAPING, AS I JUST MENTIONED, UH, THEY ARE PROPOSING TO REMOVE A TOTAL OF, UH, 28 CALIPER INCHES.

AND, UH, PROPOSING TO THEN MITIGATE WITH AN EIGHT INCH CALIPER TREE, UH, ON SITE.

THE REMAINING 20 CPER INCHES ARE PROPOSED TO BE PAID INTO THE, UH, TREE PRESERVATION FUND AT A, UM, COST OF $192 PER CALIPER INCH.

THE EXTERIOR APPEARANCE OF HAWKERS IS QUITE A DRASTIC CHANGE FROM WHAT IS CURRENTLY THERE.

UH, AS I SAID, IT'S BEEN USED FOR OFFICE FOR MANY YEARS AND, UM, I GUESS WAS A RATHER BLAND OR MAYBE A COMMON FACADE AS, UM, WHAT YOU MIGHT FIND AT OTHER, UH, OFFICE SPACES IN VILLAGE.

ON THE PARKWAY.

UH, THIS WILL ENTAIL AN EXTENSIVE REMODEL, UH, UH, TO BOTH THE SOUTH AND WEST FACADES.

THE, UH, ENTRANCE WILL HAVE, UM, WILL BASICALLY BE, UH, COMPLETELY REDONE AND THEY'RE EXPANDING IT TO BRING IT FAR CLOSER TO THE ROAD, UH, TO HAVE A LITTLE BIT MORE OF, UH, HOST INTERIOR WAITING AREA FOR THE RESTAURANT.

UH, AS YOU ALSO SEE ON THESE RENDERINGS THAT THEY ARE, UH, EXPANDING THE PATIO AND ADDING A STEEL CANOPY, UH, TO COVER THAT PATIO ON THE RIGHT RENDERING, UH, YOU CAN SEE THE OUTDOOR BAR, UM, WITH KIND OF THE ROLL DOWN DOORS, UM, UNDER THE, THE STEEL, UM, CANOPY.

IN ADDITION TO THAT, SINCE THEY'RE SELLING ALCOHOL, THEY ARE REQUIRED TO HAVE THEIR PATIO AREAS, UM, THAT SELL ALCOHOL, UH, SCREENED OFF OR FENCED OFF, EXCUSE ME.

AND SO THEY'RE DOING THAT WITH A, UH, FOUR FOOT TALL MASONRY WALL AROUND THOSE PATIO AREAS.

UH, AND LASTLY, THE UM, BRIGHT COLOR SCHEME IS MEANT TO BE REFLECTIVE OF, UM, OR REPRESENTATIVE OF THE, WHAT THE BRIGHT COLORS YOU MIGHT FIND AT, UH, TRADITIONAL ASIAN STREET MARKET.

AND THAT'S, UM, PART OF THEIR, THEIR BRAND AND THEIR, UH, CULTURE AS A COMPANY.

UH, ONCE AGAIN, UH, ON THESE FACADE PLANS, YOU CAN SEE, UH, THE DRASTIC CHANGES.

THE TOP, UM, LINE IS THE EXISTING FACADES AND THE BOTTOM ARE THE PROPOSED NOTICES WERE PROVIDED TO, UH, EIGHT RECIPIENTS, UH, ALL WITHIN 200 FEET OF THE SUBJECT PROPERTY WITHIN THE TOWN.

AND STAFF HAS NOT RE RECEIVED ANY, UM, RESPONSES TO, TO THE NOTICE.

AND IN CONCLUSION, STAFF RECOMMENDS APPROVAL OF THIS REQUEST WITH THE CONDITION THAT THE APPLICANT, UH, SHALL NOT USE ANY TERMS OR GRAPHIC DEPICTIONS RELATED TO ALCOHOL AND BEVERAGES.

I'D BE HAPPY TO TAKE ANY QUESTIONS.

THANK YOU, LESLIE.

COMMISSIONERS.

HAVE ANY QUESTIONS? LESLIE? JULIE? YEAH, SO I MENTIONED THIS BEFORE, UM, SO I'M CONCERNED

[00:10:01]

ABOUT, WELL, I KNOW IT'S, IT'S VERY ATTRACTIVE, BUT I'M CONCERNED ABOUT IF WE ALLOW THIS DRAMATIC, UM, SIGNAGE AND COLOR AND ALL THIS STUFF, HOW DO WE STOP IT FROM LIKE, NOT, YOU KNOW, BEING REPEATED AND MAKE THE WHOLE AREA THAT WAY.

I'M JUST, IF THERE'S ANY RESTRICTIONS WE CAN PUT ON IT.

AND THE SECOND ONE IS, UM, THAT THE HEIGHT OF THAT FRONT, LIKE NOW IT'S A PEAK, RIGHT? YES.

UM, WILL IT BE AS TALL AS THAT OR TALLER? I JUST COULDN'T TELL, I CAN'T TELL FROM SIZING.

IT'S AS TALL OR TALLER.

I JUST WOULDN'T WANT IT TO BE ANY TALLER THAN WHAT THAT WHAT IS ALREADY THERE.

ALSO, THE EXISTING PARA PARAPET IS A, UH, PARTIALLY 19, UH, FEET AND HEIGHT.

UM, ACTUALLY I THINK IT MIGHT BE TALLER THAN THAT.

LET ME DOUBLE CHECK THE, IT'S SLIGHTLY TALLER BASED ON THAT ELEVATION.

IT'S PROBABLY SCREENING SOMETHING.

SO PROBABLY SCREENING SOME MECHANICAL EQUIPMENT.

UM, BUT THE, THE APPLICANT CAN CERTAINLY ADDRESS THAT.

SO, SO I BELIEVE THE, THE PROPOSED ELEVATION IS APPROXIMATELY SIX INCHES TALLER.

SIX INCHES.

AND THEN, CUZ I KNOW IT LOOKS GREAT AS IT IS, BUT, BUT I DON'T KNOW HOW TO BETTER EXPRESS MYSELF THAT, I KNOW THAT WE CAN'T DICTATE COLORS OR ANYTHING LIKE THAT, BUT I JUST MEAN AS FLAMBOYANT AS IT IS, HOW DO WE MAKE IT SO THAT EVERYTHING IS FLAMMABLE? YOU KNOW WHAT I'M SAYING? DOES THAT, IS THERE ANY RESTRICTION TO THAT? AND THEN THE, THE SECOND, THE SECOND THING IS, UM, IN THE RENDERINGS, AND MAYBE IT'S JUST AN ARTISTIC RENDERING, IT LOOKS LIKE THERE'S A FIRE PIT OUT THERE, UM, OUT TO THE FRONT, INSIDE THE TREE.

I JUST WONDER IF WE HAVE ANY RESTRICTIONS TO OPEN FIRE PITS.

I DON'T KNOW IF I LIKE THAT IDEA EITHER.

SO, UH, ON THAT RENDERING, IT IS ON WHAT WOULD BE THE PUBLIC SIDEWALK.

IT'S NOT, UM, IN, IT'S NOT IN THERE ENCLOS PATIO AREA.

I DON'T BELIEVE WE ALLOW OPEN FIRE PITS ON A PUBLIC SIDEWALK.

IT WOULD'VE TO BE ON THE PRIVATE PROPERTY AND IT WOULD'VE TO MEET CODES OR, HI EVERYBODY, THIS IS ANTOINETTE.

I'M JUST CHIMING IN FROM HAWKERS.

I'M ON HAWKER'S TEAM.

I JUST WANTED TO QUICKLY INTRODUCE MYSELF.

UM, I WANTED, YOU KNOW, THE, CAN YOU PLEASE WAIT A MOMENT UNTIL THE PUBLIC HEARING IS OPEN? OH YEAH.

SORRY ABOUT THAT.

THANK YOU VERY MUCH.

I THINK WHEN, WHEN YOU THINK ABOUT THE ARCHITECTURE AND THE COLORS THAT THEY FULFILLED, I THINK IT'S GOOD TO, TO LOOK AT THE SURROUNDING AREA.

UH, WE HAVE A COUPLE RECENT, UH, BUSINESS OPENINGS, UH, THAT THE COMMISSION HEARD SEVERAL YEARS AGO.

STIR IN THE DOOR IS CLOSE BY WHAT THEY STIR AND THE DOOR, OH.

SO THEY, THEY DEPARTED A BIT, UH, FROM THE PREVAILING ARCHITECTURAL PATTERN.

IT, IT'S, IT'S DIFFERENT THAN THIS.

AND, AND BOTH ARE, HAVE THEIR OWN DIFFERENCES AS WELL.

SO I THINK IT KIND OF SPEAKS TO ONE, YOU HAVE A PROPERTY MANAGER THAT IS GOING TO, UH, HAVE, UH, CONTROL ULTIMATELY OVER WHAT'S PROPOSED FROM AN ARCHITECTURAL STANDPOINT.

SO I THINK WE HAVE EXCELLENT PROPERTY MANAGEMENT WITH LITTLE JOHN THE PARKWAY THAT I DON'T THINK CONCERN YOU SHARE WOULD BE, UH, A LIKELIHOOD OF, OF COMING UP GIVEN THE ASSET THAT IS.

UH, BUT I THINK YOU HAVE A MIX OF BUSINESSES THAT, UH, YOU HAVE VARIOUS CULTURAL OFFERINGS.

THIS ONE, UH, PRESENTS THIS ARCHITECTURE, BUT YOU HAVE OTHERS THAT PRESENT DIFFERENT FORMS. I THINK YOU'RE NATURALLY GONNA GET A LITTLE MORE DIVERSITY IN THE CENTER AS IT EVOLVED OVER TIME.

BUT I DON'T SEE A PREVAILING PATTERN, UM, GOING TOWARDS THE HAWKERS OR EVEN TOWARDS THE STIR, OR I THINK YOU CAN SEE JUST GRADUAL DIVERSIFICATION OF, OF THE PATTERN.

ARE THESE STILL WORKING ON THEIR SIGNAGE? I KNOW THAT'S A LITTLE OFF TOPIC, BUT THE CHANGES THEY MADE ON THERE.

AND FOR ALL OF US, I NEED FOR YOU TO SPEAK UP CAUSE WE DON'T HAVE MICROPHONES, SO YOU NEED TO REALLY SHOUT.

I SAID, I KNOW IT'S A LITTLE OFF TOPIC, BUT I STILL WORKING ON THE SIGNS AND THE BACK TO THE LOOK IN VILLAGE ON THE PARKWAY.

SO ARE YOU TALKING ABOUT MORE OF THE TENANT SIGNAGE OR THE, THE WAY ALL THAT DIRECTIONAL THE WAY FIND, LACK AND YELLOW STUFF THAT THEY WERE SUPPOSEDLY GONNA READDRESS.

SO LESLIE'S, LESLIE'S WORKING WITH, AND THEY DO, THEY DO PLAN TO HAVE MORE FORMAL, THAT WAS A, A, A TEMPORARY CONDITION THAT THEY WANTED TO IMPLEMENT JUST TO IMPROVE, HAVE SOME IMMEDIATE IMPACTS ON THE, THE CIRCULATION.

THANK YOU.

ANY OTHER QUESTIONS RELATED? JUST A QUICK QUESTIONS ON TIME.

IT, UM, SO OBVIOUSLY THEY HAVE TO MEET, UH, OUR REQUIREMENTS AND THE, AND THE ORDINANCE.

UM, IT LOOKS LIKE

[00:15:01]

IT'S GONNA BE NEON.

I DON'T, I DON'T KNOW IF WE'VE GOTTEN THAT FAR INTO THE DESIGN, BUT I JUST, I KNOW IN THE PAST WE'VE KIND OF FROWNED AGAINST NEON LIGHTING ACROSS TOWN.

I DON'T KNOW IF THAT'S OPPOS OR NOT.

SO, UH, A NEON SIGN WOULD, PER SIGN CODE WOULD RE THE ONLY WAY IT COULD BE APPROVED WOULD BE THROUGH A MERIT EXCEPTION.

UM, THESE, UM, RENDERINGS ARE JUST ILLUSTRATIVE AND FLASHY.

UH, SO ANY, EVEN IF, IF YOU WERE TO APPROVE THIS CASE THIS EVENING, HAVING THE SIGN ON THIS RENDERING DOES NOT, UH, APPROVE THEM FOR THE SIGN.

THERE'S ACTUALLY A COMMENT ON THE SITE PLAN THAT SAYS ALL SIGNS MUST, UH, ARE CONSIDERED SEPARATELY AND THEY MUST, UM, GO THROUGH A SIGN PERMIT APPROVAL.

SO THEY'RE JUST, YOU KNOW, UNDERSTOOD FLASHY .

THE ONLY THOUGHT I'VE GOT IS, UH, I THINK IT'S A, YOU KNOW, REALLY INTERESTING CO UH, CONCEPT, REALLY UNIQUE MENU, I THINK BE A GOOD ADDITION, UM, TO THAT DEVELOPMENT.

I, I LIKE THE IDEA OF THE PATIO.

I JUST HATE TO LOSE THE TREES.

I REALLY DO.

SO, LESLIE, CAN YOU GO BACK TO THE FLOOR PLAN? YEAH, I, I'M, I'M CONFUSED BETWEEN THIS AND ALSO THE COLORED RENDERING, I CAN'T GET TO 105 SEATS IN WHAT I THOUGHT WAS THE OUTSIDE AREA.

CAN YOU SHOW ME WHAT THEY CONSIDER TO BE THE OUTSIDE AREA? CAUSE I'M ONLY COUNTING LIKE, I DON'T KNOW, 50 YEARS.

SURE.

SO, SO, UM, THE, I DUNNO IF YOU CAN SEE MY CURSOR ALL THE WAY BACK THERE, BUT THE EDGE OF THE, THE ACTUAL, UM, FACADE OF THE BUILDING IS NOT CHANGING THAT MUCH ON THE SOUTH AND, AND WEST FACADES, THE PRIMARY LIKE FACADE THAT'S CHANGING MORE DRASTICALLY IS JUST AT THE CORNER AREA WHERE THERE'S, THERE'S NO ACTUAL PATIO SEATING.

SO THEY INCLUDE ALL OF THESE, UM, TABLES AND THEN ALL OF THE BAR SEATING ON THE WEST SIDE.

AND THEN ON THE SOUTH SIDE THERE IS, UH, SEVERAL TABLES AS WELL AS, UM, PICNIC TABLES AND UM, UH, SOME ADDITIONAL TABLES THERE.

UM, ALL OF THESE PICNIC TABLES ARE CONSIDERED SIX UH, SEATS INDIVIDUALLY.

UM, WHICH, AND IT'S, AND IS THIS TRULY OUTSIDE OR IS THIS GONNA BE EN CLOSED DURING THE WINTER TIME? SO THIS, IT HAS A STEEL CANOPY ON BOTH SIDES.

YOU CAN SEE IT.

UH, SO THE LEFT FACADE IS, OR THE LEFT RENDERING IS OF THE SOUTH FACADE, RIGHT.

RENDERING IS OF THE WEST FACADE.

SO BOTH WILL BE COVERED.

UM, THEY ARE NOT PROPOSED TO BE ENCLOSED.

YOU WON'T GET WET, BUT YOU'LL GET COLD UNLESS, ESSENTIALLY I THINK THERE'S A LOT OF, UM, ESPECIALLY A VILLAGE OF THE PARKWAY THAT HAVE PATIOS AND THEY JUST USE, UH, THE, LIKE THE PROPANE HEATERS.

UM, IN TEXAS YOU CAN SIT OUTSIDE ALMOST ALL WINTER , BUT YOU MENTIONED ALSO THE ROLL UP DOORS, SO I DIDN'T KNOW IF THEY'RE CONSIDERING PART OF THE INDOOR AS PART OF THE OUTDOOR OR NOT.

NO.

AND THERE WILL BE THERE PER HEALTH CODE, THERE WILL HAVE TO BE AIR CURTAINS AND EVERYTHING ON THOSE, UH, THE ROLL UP DOORS.

AND COULD YOU THEN GO BACK TO THE, I GUESS THE SITE PLAN, OR MAYBE IT'S THE FLOOR PLAN AND SHOW ME WHERE THE TWO TREES WERE THEY'RE GONNA BE TAKING OUT AND WHY THEY NEED TO COME OUT? OKAY.

SO, UM, THEY'RE NOT, YOU CAN, YOU CAN BARELY SEE THEM, BUT ONE TREE IS AT THE SAME LOCATION AS THIS TABLE APPROXIMATELY.

I'LL NEVER SIT IN THAT TABLE.

UM, SO THEY IN OR IN ORDER TO EXPAND THE PATIO THERE, THEY WOULD HAVE TO REMOVE THE TREE.

UH, THE SECOND IS, UH, WHERE MY CURSOR IS HERE, UH, APPROXIMATELY THE SAME LOCATION AS THAT CHAIR OF THAT TABLE.

UH, THE LEFTMOST, THE SOUTHERN AND WEST MOST TABLE ON THE, THE PATIO THERE.

AND I KNOW YOU'VE PROBABLY BEEN IN DISCUSSIONS WITH THESE FOLKS ON THIS TREE SITUATION.

I MEAN, 14 INCH CALIBER IS, IS SIGNIFICANT.

AND THEY DIDN'T SEE THE BENEFIT OF HAVING A NICE 14 INCH TREE ON THAT SOUTH SIDE WITH THE SHADE IN THE SUMMERTIME.

CONTRIBUTING TO IS THE SAME AMOUNT OF MONEY THAT WE CHARGE TCA AND SOME OF THESE OTHER, YES.

I, UM, I BELIEVE THE TREES ALREADY GOT REMOVED.

UH, AND THERE WAS SOME, SOME MISCOMMUNICATION EARLY ON ABOUT MITIGATION REQUIREMENTS.

UH, AND SO THEY WERE REMOVED ALREADY.

SO WE'RE AT THE, AT THE POINT WHERE WE'RE TRYING TO MITIGATE AFTER THE FACT AND, AND FIND A SOLUTION.

SO WE WERE UNABLE TO MAKE THAT SUGGESTION AT THE TIME WHEN WE STARTED REVIEWING THE PLAN.

AND THE SOLUTION IS PUTTING IN THE EIGHT INCH AND WHERE'S THAT EIGHT INCH GONNA GO? IT'S RIGHT, WHICH MAY OR MAY NOT SURVIVE AFTER EIGHT YEARS.

IT'S AT THE BOTTOM OF, UH, THE FLOOR PLAN.

SO JUST A COUPLE, A COUPLE FEET, UH, SOUTH OF WHERE THE PREVIOUS EXISTING TREE WAS.

AND THE, THE REMAINING TREE MITIGATION FUND THEY'RE

[00:20:01]

SO THAT FEE, WHICH IS, UH, CURRENTLY SET AT $192 PER CALIBER PER INCH, THAT IS UPDATED A YEARLY, I BELIEVE IN MARCH.

BUT NOTHING LIKE A, A LITTLE BIT OF A BONUS FOR THE FACT THAT THEY CUT DOWN TREES THAT BEFORE THEY HAD DISAPPROVED.

WE DO NOT HAVE AN A CHARGE AN ADDITIONAL FEE.

UM, THE, THAT FEE THAT $192 IS, UM, BASED ON MARKET RATE.

SO THAT'S HOW THE, THE TOWN DETERMINES, DETERMINES THAT.

AND THAT'S WHY IT CHANGES YEARLY.

WE RE UH, REEVALUATE THAT, THAT FEE.

BUT THIS WAS OWNERS OF PILLARS AND PARKWAY THAT TORE DOWN THE TREES, NOT THIS TENANT? OR DO WE NOT KNOW? UM, I'M UNCLEAR ON IT WHO THAT WAS.

BUT IF WE WANTED TO, IF WE WANTED TO, WE COULD REQUIRE THE PROPERTY OWNERS TO REPLACE THOSE TWO TREES SOMEWHERE ELSE ON THE PROPERTY.

UM, YOU KNOW, WHETHER IT WAS, UM, A ADDS UP TO THAT TOTAL, UM, CALIBER OR NOT, WE COULD ENFORCE THAT ON A PROPERTY OWNER.

OUR TREE SITUATION, UM, TO, TO DENISE'S POINT, WHICH IS WHO WOULD ACTUALLY CUT THE TREE IN, OR IF IT WAS THE OWNER OF THE RESTAURANT WHO CUT THEM DOWN, UM, TO BE THEIR LAND STICKER.

UH, THE ISSUE WITH THAT, AND, UH, STAFF SPENT QUITE A LOT OF TIME TRYING TO FIND THAT SOLUTION.

UM, THERE, THERE'S RUNNING OUT OF ROOM AT VILLAGE OF THE PARKWAY TO PLANT MORE TREES THAT WILL SURVIVE.

SO A COUPLE THINGS THAT WE WERE LOOKING FOR.

UM, OBVIOUSLY THERE CAN'T BE AN EXISTING TREE THERE.

UH, THERE HA IT HAS NEEDS TO BE IRRIGATED OR HAVE THE ABILITY TO BE IRRIGATED.

UH, WE DON'T WANNA SET SOMETHING UP FOR FAILURE.

UM, WE ALSO DON'T WANT TO PUT IT UNDER AN EXISTING POWER LINE BECAUSE INEVITABLY IT'S GONNA GET HACKED OFF AND PROBABLY DIE EVENTUALLY.

UM, AND WE ALSO CAN'T JUST CONTINUE TO REMOVE A TON OF, OF PARKING.

SO WE HAVE TO BE STRATEGIC ABOUT THAT AS WELL.

SO REALLY, UH, WE HAD OUR, UM, OUR PARK STAFF DO A SITE VISIT AND WALK THE SITE AND TRY TO DETERMINE WHERE A SITE OR WHERE A TREE LOCATION FOR A TREE WOULD BE MOST FEASIBLE.

AND THAT'S WHERE WE CAME UP WITH THE, THE PROPOSAL, UM, FOR YOU, WHICH IS THE, THE NEW PARKING ISLAND.

SO SUPPOSE LET'S GO BACK TO THE TREE THAT WAS TAKEN OUT WITHOUT ANYBODY'S PERMISSION.

SO IS THAT IF SOMEBODY ELSE WOULD'VE DONE THAT, THAT WOULD'VE BEEN A CRIME.

SO IT IT'S A CODE ISSUE THAT'S SO IT, IT, IT'S CERTAINLY SOMETHING THAT WE COULD HAVE CITED THEM FOR AND, UM, GONE THROUGH THE PROCESS THAT WE GO THROUGH WITH, WITH ANY OTHER VIOLATION OF A, OF A TOWN CODE.

SO WE, WE COULD HAVE DONE THAT.

UM, I'M NOT FAMILIAR WITH HOW OUR PARK STAFF WHO TYPICALLY HANDLES THAT FOR THE LANDSCAPE SIDE OF OUR CODE ENFORCEMENT PROCESS, UH, ADDRESS THAT.

UH, BUT, UH, I, I DON'T THINK WHAT WAS DONE WAS DONE WITH MALICE.

UM, SOME OF THE, THE CHALLENGING THINGS THAT, THAT, UH, FOLKS DEAL WITH AND WHEN THEY GO FROM MUNICIPALITY TO MUNICIPALITY, THESE DIFFERENT CULTURES, OBVIOUSLY ADDISON HAS A VERY HIGH VALUE PLACED ON TREES AND WE SHOULD, THAT'S A GREAT THING.

SO WE DO APPRECIATE Y'ALL, UH, REINFORCING THAT.

AND, AND IT'S SOMETHING THAT WE OBVIOUSLY HAVE TO BE CONCERNED ABOUT WITH THIS CASE IN FUTURE CASES.

BUT, UM, WE DON'T FEEL THAT THIS PARTICULAR, UH, APPLICANT WAS DOING THIS, UH, AS A WAY TO SKIRT AROUND OUR PROCESS AND, AND TAKE THE ABILITY OF YOU TO CONSIDER, UH, THIS, UH, REMOVAL, UH, UH, FROM YOU.

I THINK IT WAS AN HONEST MISTAKE.

OTHERWISE, OUR OUR PARKS DEPARTMENT, I'M SURE WOULD'VE CITED THEM FOR THIS.

SO WE DON'T EVEN KNOW IF THEY WERE DISEASED OR DAMAGED OR ANY, OR DO, I MEAN, DO WE KNOW IF THEY WERE HEALTHY? WE, I I SUSPECT OUR STAFF WHO WAS VERY MUCH INVOLVED IN THAT, UH, DISCUSSION, UH, WOULD BE ABLE TO SPEAK TO THAT.

UH, IT'S NOT AN ISSUE THAT, UH, MYSELF OR LESLIE, UH, GOT INVOLVED IN.

UH, THEY WORKED WITH OUR PARK STAFF TO COME UP WITH THE SOLUTION.

UH, IT'S A VERY CHALLENGING SITE TO, UH, AS A DEVELOPMENT AS A WHOLE TO REPLANT TREES FOR THE, THE REASONS LESLIE NOTED.

AND, AND WE FEEL LIKE THE SOLUTION THAT WE PRESENTED IS A, IS A FAIR SOLUTION FOR ALL PARTIES.

BUT I WOULD HIGHLY RECOMMEND THAT, UH, IF, DEPENDING ON WHAT, WHAT THE OUTCOME HERE IS TONIGHT AND WHATEVER PRESENTATION YOU MAKE TO COUNSEL IS THAT EITHER THE CURRENT OWNER OF VILLAGE OWN PARKWAY IS UNFAMILIAR WITH

[00:25:01]

I MEAN, YOU, AND WE DO HAVE THEM ON THE LINE.

SO I'M DOING A LOT PROBABLY SPEAKING, BUT I THINK, I THINK COUNCIL NEEDS TO BE ME AWARE OF THIS SITUATION.

I'LL, IT'S DIDN'T SHOW UP IN ANY OF THE PAPERWORK, IT JUST KIND OF CAME UP WITH ONE OF OUR QUESTIONS.

SO I I, I WOULD HIGHLY RECOMMEND WHERE WE END UP TONIGHT.

THE FOLKS AT VILLAGE ON THE PARKWAY, THE NEW OWNERSHIP GROUP, THEY'RE VERY SUPPORTIVE OF THE TOWN, OUR ORDINANCES, AND THEY, THEY, THEY WANNA DO THE RIGHT THING.

UM, I DON'T FEEL THAT EITHER, UH, THE OWNERSHIP GROUP OR THIS APPLICANT DID THIS AND MALICE AND THE APPLICANT CAN CAN CERTAINLY SPEAK TO THAT.

IT'S AN UNFORTUNATE ACCIDENT I SHOULD DO.

BAD QUESTION.

UH, TWO QUESTIONS ARE CLARIFICATION.

THE TREES THAT ARE THERE TODAY ON THAT WEST SIDE AND SOUTH SIDE, ALL OF THOSE THAT YOU, THAT ARE EXISTING THERE TODAY STAY.

SO THERE WAS TWO TREES, UM, THAT ARE ALREADY GONE? YES.

AND THOSE WERE THE ONLY EXISTING OKAY.

ALONG THE FACADES.

THERE WAS, HOW DO WE KNOW WHEN THEY WERE TAKEN OUT? UM, IT WOULD'VE BEEN OVER THE SUMMER.

UM, IT WAS, I BELIEVE IT WAS, WELL IT WAS BEFORE WE DID A, COMPLETED A PRE-APPLICATION MEETING WITH THE APPLICANT, UM, CUZ THE, THE CONVERSATION REGARDING PROTECTING THOSE TREES AND SAVING THOSE TREES, UM, LED TO THAT, THAT, UH, REALIZATION.

AND THERE ARE TWO CRATE MYRTLES RIGHT.

UM, ADJACENT TO THE HANDICAP PARKING SPACE IN THOSE TWO ISLANDS BY THE CROSSWALK.

AND THERE, THERE ARE ALSO SOME, I THINK SOME SHRUBS AND STUFF AS WELL, BUT NO, NO OTHER TREES.

SEE ENOUGH QUESTIONS.

THAT'S IT.

ANY OTHER QUESTIONS FOR LESLIE? IF JUST ANOTHER COMMENT, AND I, AND I HATE TO KEEP ON BEATING A DEAD FORCE, BUT IN THE PAST WE HAVE ALWAYS HELD, WHETHER IT WAS A PROPERTY OWNER ADVOCATE, YOU KNOW, WE, WE'VE HELD IT ACCOUNTABLE.

CAUSE WE'VE HAD, YOU KNOW, UM, WE'VE HAD, YOU KNOW, THE MCDONALD'S, FOR EXAMPLE, UM, CAME IN AND LION TAILED EVERY SINGLE TREE IN FRONT OF THEIR PROPERTY AND WE HELD THEM ACCOUNTABLE.

WE SAID, YOU KNOW, YOU HAVE TO REPLANT.

AND I J I HATE HEARING THAT THE TREES ARE GONE WITHOUT EVEN, YOU KNOW, GETTING ANY KIND FROM THE CITY.

I MEAN, WE CAN HAVE THEM REPLANT TREES, BUT THE REALITY IS, IS YOU'RE TAKING AWAY A PATIO OR PATIO SPACE, A FUNCTIONING SPACE, YOU HEAR FROM THESE RESTAURANT OPERATORS WHEN THEY COME THROUGH HERE.

PROBABLY THE BIGGEST WEAKNESS OF THE EXISTING RESTAURANT INVENTORY HERE IN ADDISON IS YOU DON'T HAVE SUFFICIENT PATIO SPACE.

THAT'S SUCH A CRITICAL, UH, CONSIDERATION FOR RESTAURANTS IN THE, THE TIMES WE'RE IN NOW.

SO, UH, THEY CAN CERTAINLY REPLANT TREES THERE, BUT JUST THERE'S IMPACTS THERE.

IT'S A SMALL SITE AREN'T AND AND TO COME TO YOU, I MEAN, THINGS CHANGE.

I MEAN, THOSE TREES, THEY'RE GREAT WHEN PEOPLE PLANT 'EM AND THEY'RE LITTLE AND I MEAN, THEY BECOME A MAINTENANCE ISSUES A LITTLE BIT TOO.

I MEAN, I'M NOT SAYING IT'S RIGHT WHAT THEY DID, I'M JUST SAYING I THINK YOU GOTTA GIVE PEOPLE FLEXIBILITY TO, TO BE ABLE TO MAKE CHANGES.

AND THIS SITE HAS GONE THROUGH BIG CHANGES SINCE IT WAS ORIGINALLY DEVELOPED.

I MEAN REMEMBER THE DEPARTMENT STORE, WHATEVER IT WAS CALLED THAT IT USED TO BE IN CENTER? YEAH.

I MEAN, IT'S CHANGED A LOT.

I MEAN, THERE'S NO DYING.

IT, I MEAN, IT'S VERY SUCCESSFUL.

I MEAN, BUT ONE OF MY FAVORITE THINGS ABOUT THAT CENTER IS THE MATURE TREES, YOU KNOW, THE, THE CANOPY THOSE LIVE OAKS CREATE.

AND I WOULD JUST HATE FOR, YOU KNOW, THAT OWNER TO GO, HEY, LET ME CUT DOWN THAT NEXT LIVE OAK TREE TO MAKE ROOM FOR YOUR PATIO TOO.

I MEAN, THERE'S A REASON MADISON HAS 20% COAL.

I MEAN, IF WE WANT IT TO BE LIKE DALLAS, WE DIDN'T REDUCE IT TO WHAT, 5% OR WHATEVER DALLAS'S NUMBER IS.

AND SO I'M SURE WHEN DEVELOPERS ARE COMING FROM DALLAS UP HERE, THEY'RE LIKE, WOW, WE'VE NEVER SEEN ANYTHING THAT'S HIGH, BUT THERE'S A REASON AS DOES THIS AT THE SAME TIME, I WOULD, MY RESPONSE WOULD BE, YEAH, BUT YOU CAN GET YOUR PERMIT APPROVED IN, IN KNOW, IN SIX MONTHS, TRY GETTING ONE IN LESS THAN THREE YEARS IN DALLAS.

SO THERE, THERE'S TRADEOFFS WITH, WITH WHAT'S GOING ON.

SO IT, BUT I, I AGREE WITH CHRIS, IT'S, IT'S A SHAME THAT, THAT, UH, THIS WAS DONE AND WHATEVER THE SITUATION WAS, WHATEVER THE CONDITION THE TREES WAS THAT SOMEBODY, UM, THAT THEY WERE JUST DONE WITHOUT A LITTLE MORE STAFF INVOLVEMENT.

SO, OKAY.

THERE'S NO OTHER QUESTIONS FOR LESLIE.

I'M GONNA OPEN UP THE PUBLIC PORTION OF THE MEETING.

UH, IT DOES APPEAR THOUGH THE APPLICANT IS PRESENT.

UM, THEY, THEY ARE PRESENT VIA AS YOU.

I'M THE DESIGN MANAGER FOR HAWKER'S ASIAN STREET FOOD.

SO MS. JONAS, DO YOU WISH TO, UH, INTRODUCE YOURSELF AND DO YOU HAVE A PRESENTATION OR ARE YOU JUST AVAILABLE FOR QUESTIONS? I'M JUST AVAILABLE FOR QUESTIONS.

UH, MY NAME IS ANTOINETTE JONAS.

[00:30:01]

UM, IF YOU HAVE ANY QUESTIONS, I WANTED TO QUICKLY ADDRESS THE FIRE PIT, UH, QUICKLY.

UM, THAT HAS ACTUALLY BEEN REMOVED FROM THE DESIGN.

UM, SO THAT WILL NOT BE IMPEDING ANY SIDEWALK TRAFFIC AND WE WON'T NEED TO, UH, WORRY ABOUT THE FIRE PIT GOING FORWARD.

UM, AND THEN AS FAR AS THE TREES GO, UM, WE HAVE BEEN HEAVILY INVOLVED WITH THE LANDLORD ON THIS PROCESS.

UM, TO MY KNOWLEDGE, I MEAN, I'LL JUST SPEAK FOR, UM, OUR SMALL TEAM AT HAWKERS, BUT TO OUR KNOWLEDGE, WE WERE NOT AWARE THAT THE TREES HAVE ALREADY BEEN REMOVED, AT LEAST SPEAKING FOR MY EXPERIENCE.

SO THAT WAS A SURPRISE TO ME TO HEAR, UH, BECAUSE WE'VE, YOU KNOW, BEEN BACK AND FORTH, YOU KNOW, PRETTY RECENTLY WITH THE LANDLORD'S REPRE REPRESENTATIVE.

UM, SO I'M SORRY THAT THE TREES ARE CAUSING SUCH A EMOTIONAL RESPONSE HERE.

THAT'S DEFINITELY NOT OUR INTENT, OF COURSE.

UM, BUT WE WERE NOT AWARE THAT THEY WERE ALREADY REMOVED.

UM, BUT WE WERE HOPING THAT, YOU KNOW, AT LEAST THE, UM, YOU KNOW, WE'RE CONSIDERABLY IMPROVING THE VACANT SPACE AND HOPING TO BRING, YOU KNOW, A SIGNIFICANT AMOUNT OF JOBS AND, YOU KNOW, WE'RE VERY EXCITED TO BE A PART OF THIS DEVELOPMENT.

AND, UM, YOU KNOW, OF COURSE PAYING THE MITIGATION FEE DOESN'T MAKE US FEEL DOESN'T MAKE US FEEL GOOD INSIDE.

BUT WE ARE CREATING THAT NEW ISLAND, WHICH WE HOPE WILL BEAUTIFY, YOU KNOW, THE SPACE AND THE ENTRY AND OF COURSE THE ASSAD AS WELL.

UM, SO I JUST WANTED TO QUICKLY POINT THAT OUT.

UH, WE ARE DEFINITELY NOT, UM, WE'RE DEFINITELY SUPPORTERS OF THE ENVIRONMENT AND I, YOU KNOW, I CAN'T STATE THAT ENOUGH.

UM, I JUST WASN'T AWARE THAT THOSE TREES HAD ALREADY BEEN REMOVED.

SO, UM, BUT YES, I'M HERE FOR ANY QUESTIONS THAT YOU MIGHT HAVE.

UM, YOU KNOW, JUST ANYTHING AT ALL COMMISSION.

DO YOU HAVE ANY QUESTIONS FOR MS. JONAS? I'VE GOT A, A A COUPLE.

COULD YOU DESCRIBE YOUR OUTDOOR SPACE A LITTLE BIT, MOSTLY IN TERMS OF, OF LIGHTING AND, AND SPEAKERS THAT MIGHT BE INTRUSION UPON SOME OF THE RESIDENTIAL AREAS.

THERE'S SOME APARTMENTS NEAR YOUR, YOUR LOCATION AS WELL AS SOME SINGLE FAMILY HOMES.

SO COULD YOU DESCRIBE HOW YOU'RE GONNA OPERATE THE, THE OUTSIDE AREAS? SURE.

UM, SO WE, WE DO PRIDE OURSELVES ON HAVING A LIVELY PATIO.

IT'S DEFINITELY, UM, CONDUCIVE TO OUR CONCEPT, UH, JUST TO SPEAK ON THE CANOPIES AND JUST THAT WHOLE, THE HEATING ELEMENT TOO.

CAUSE I KNOW THAT WAS TOUCHED ON PREVIOUSLY.

UH, THEY WILL BE FULL COVERAGE.

UM, WE DO HAVE A DALLAS LOCATION AND WE WERE, WE'VE BEEN DEALING WITH THE DALLAS SUN, UM, YOU KNOW, REALLY IMPEDING ON THE GUEST EXPERIENCE.

AND SO WE'VE, WE'VE TAKEN SOME LEARNINGS FROM THAT PROJECT AND WE'RE HOPING TO APPLY IT HERE.

SO YOU'LL HAVE YOUR FULL COVERAGE CANOPIES.

THERE WILL BE HEATING ELEMENTS IN THE WINTER, SO IT WILL BE FULL YEAR USE.

UM, YOU KNOW, IF WE HAVE TO HAVE PULL DOWN SHADES OR SOMETHING TO CONCEAL MORE LIGHT COMING THROUGH FOR LIKE A, YOU KNOW, A GOOD PATIO EXPERIENCE FOR OUR GUESTS, YOU KNOW, WE'LL CERTAINLY LOOK INTO IT.

UM, THERE'S THE SPACE ON THE SOUTH SIDE, UH, THAT HAS THE TWO TOPS, UH, ALONG THE SIDEWALK.

AND THEN YOU'VE GOT THREE, FOUR TOPS AND A TWO TOP AGAINST THE FACADE OF THE BUILDING.

UM, WE WILL HAVE, UH, SOME YELLOW UMBRELLAS THERE FOR GUEST USE AS WELL.

UM, AND IN TERMS OF OUR MUSIC, YOU KNOW, WE ARE PRETTY LIVELY.

UM, WE HAVE DEALT WITH SOME CHALLENGES AT OTHER LOCATIONS BEFORE, UM, YOU KNOW, WITH A HEAVY RESIDENTIAL, UH, AREA.

AND SO WE DO OUR BEST TO WORK WITH ALL OF OUR NEIGHBORS, UM, YOU KNOW, TO FIND A HAPPY MEDIUM WHERE EVERYONE IS HAPPY.

UM, YOU KNOW, IN SOME INSTANCES WE'VE HAD THE MUSIC ON INSIDE AND WHEN THE BAR IS OPEN, UM, YOU KNOW, TO THE ELEMENTS AND TO, YOU KNOW, FOR THE INDOOR OUTDOOR BAR SPACE, WE'VE BEEN ABLE TO HAVE SOME OF THE MUSIC FROM THE INSIDE CARRY ONTO THE OUTSIDE WITH KEEPING OUR SPEAKERS OUTSIDE MINIMALLY OIL.

UM, SO THAT'S SOMETHING, YOU KNOW, THAT WE CAN ALWAYS LOOK INTO.

UM, AND THEN IN TERMS OF LIGHTING UNDERNEATH THAT CANOPY OR THE TWO CANOPIES RATHER, YOU'LL HAVE STRING LIGHTS.

UM, SO THOSE WILL HANG.

YEAH, YOU CAN KIND OF SEE IN THAT RENDERING, YOU'LL SEE STRING LIGHTS ATTACHED TO THE BOTTOM OF THE CANOPY.

AND SO THOSE WILL PROVIDE AMPLE LIGHT.

AND THEN WE ALSO HAVE SCONCES, UH, APPLIED TO THE WALL THAT ARE LIKE A YELLOW AMISH COLOR.

UM, SO THOSE WILL ALSO PROVIDE LIGHTING FOR GUESTS.

AND THEN YOU'LL ALSO HAVE, YOU KNOW, RESIDUAL LIGHTING FROM THE INTERIOR COMING OUTSIDE AS WELL.

SO DOES THAT ANSWER YOUR QUESTION? YES, IT DID.

THANK YOU.

AND WILL YOU HAVE A TAKEOUT SERVICE? YES.

[00:35:01]

SO ACTUALLY ON THE SOUTH SIDE WHERE YOU SEE, I'M TRYING TO THINK OF HOW I CAN DESCRIBE THIS.

UM, WE'LL HAVE A DEDICATED TAKEOUT DOOR, SO YOU'LL BE ABLE TO WALK IN SEPARATE FROM THE FRONT ENTRANCE, AND YOU'LL BE ABLE TO PICK UP YOUR TAKEOUT FROM, UH, YES, ON THE SOUTH SIDE, THERE'S THAT DOOR IN THE MIDDLE OF OUR PATIO SPACE.

YEP, RIGHT THERE.

SO THAT, UM, FURNITURE PIECE SETS OFF TO THE RIGHT WILL BE, UH, HEATED TAKEOUT SHELVES.

SO YOU'LL BE ABLE TO WALK IN, GRAB YOUR TAKEOUT, IT'S WAITING FOR YOU, IT'S BEING HEATED OR, YOU KNOW, KNOW KEPT WARM AND THAT THE, IT WON'T IMPEDE ANY OF THE TRAFFIC AT THE HOST STAND THAT CAN, YOU KNOW, BOTTLE UP AND BECOME, YOU KNOW, A LITTLE BIT, UH, YOU KNOW, ANNOYING , YOU KNOW, WHEN YOU'RE, AND ARE YOU GONNA SOME DEDICATED PARKING SPACES FOR UP? YES, THAT IS OUR INTENTION COMMISSIONERS.

ANY OTHER QUESTIONS FOR THE APPLICANT? ALL RIGHT, IF NOT, UM, LESLIE, IS THERE ANYONE ONLINE CHECK HERE OTHER THAN THE APPLICANT WHO WISHES SPEAK ON THIS TOPIC? I DON'T HEAR FROM ANYONE.

IF NOT, UM, ANY FURTHER QUESTIONS FOR EITHER APPLICANT OR STAFF COMMISSIONERS? NOW I'M GONNA CLOSE THE PUBLIC PORTION OF THE MEETING AND IF NO OTHER QUESTIONS, DO I HEAR A MOTION ON THIS CASE? MOVE TO APPROVED CASE, 1859 S U P 5,100 BELTLINE ROAD, SUITE FOUR 30 TALKERS WITH, UM, CONDITIONS AS PROVIDED BY STAFF.

I HAVE A SECOND, SECOND, SECOND BY BY NIECE.

CONGRATULATIONS, MISS JONAS.

UM, ALL IN FAVOR SAY AYE.

AYE.

I'LL BOTH SAY NAY.

ANY EXTENSIONS? ALL RIGHT, IT PASSES.

THANK YOU SO MUCH.

I REALLY APPRECIATE YOUR TIME.

[4. Hold a Public Hearing, Present, Discuss, and Consider Action on a Recommendation regarding an Ordinance Amending the Development Plans for Planned Development (PD) District Ordinance No. 446 for a 0.945 Acre property located at 14951 Midway Road, to account for Site Modifications resulting from the Acquisition of Right-of-Way for the Midway Road Reconstruction Project. Case 1863-Z /14951 Midway Road (Nate’s Seafood & Steakhouse).]

[5. Hold a Public Hearing, Present, Discuss, and Consider Action on a Recommendation regarding an Ordinance Amending Planned Development (PD) District Ordinance No. 016-003 for a 0.552 Acre segment of a property Located East of the Intersection of Runyon Road and Magnolia Street, in order to Modify Use Regulations by Allowing Offsite Parking Lot (Restricted to Use by 14951 Midway Road – Nate’s Seafood & Steakhouse) as a Permitted Use. Case 1862-Z /18 Runyon Road.]

RIGHT.

HOLDING.

WE'RE GOING TO MOVE NOW TO ITEM NUMBER FOUR, HOLD A PUBLIC HEARING, PRESENT, DISCUSS AND CONSIDER ACTION ON A RECOMMENDATION REGARDING, REGARDING AN ORDINANCE AMENDING THE DEVELOPMENT PLANS FOR PLAN DEVELOPMENT PD, DISTRICT ORDINANCE NUMBER 4 46 FOR A 0.945 ACRE PROPERTY, LOCATED AT 1 49 51 MIDWAY ROAD TO ACCOUNT FOR SITE MODIFICATIONS RESULTING FROM THE ACQUISITION OF RIGHT OF WAY FOR THE MIDWAY ROAD RECONSTRUCTION PROJECT.

THIS IS CASE 1863 DASH Z SLASH 1 49 50 MIDWAY ROAD, NATE'S SEAFOOD AND STEAKHOUSE.

LESLIE, GIVE US A STAFF REPORT, PLEASE.

UH, THEN OBVIOUSLY TODAY THEY ARE REQUESTING, OR THE TOWN IS REQUESTING ON BEHALF OF THE PROPERTY OWNER A PLAN DEVELOPMENT AMENDMENT TO ALLOW THE SITE MODIFICATIONS.

UH, LESLIE, I, PLANNING AND DEVELOPMENT MANAGER, UH, WE WILL BE PRESENTING ITEMS FOR AND FIVE, UH, TOGETHER.

UM, AND THEY WERE ALSO, UM, WRITTEN TOGETHER IN THE SAME STAFF REPORT AS WELL.

UM, SO, UH, THE, UH, FIRST ITEM IS, UH, AT 14,951 MIDWAY, WHICH IS THE NATE'S SEAFOOD AND STEAKHOUSE RESTAURANT.

UH, THIS PARTICULAR REQUEST IS, UH, TO APPROVE A PLAN DEVELOPMENT AMENDMENT TO ORDINANCE 4 46 TO ALLOW SITE MODIFICATIONS, UH, WHICH RESULTED FROM THE, UM, UH, THE ACQUISITION OF MIDWAY ROAD FOR THAT RECONSTRUCTION PROJECT.

JUST A LITTLE BIT OF SITE HISTORY, UH, OF NATE.

SO, UH, 1978 WAS, UH, A BUSY YEAR FOR THIS PARTICULAR SITE.

UH, THEY, THIS, IT WAS REZONED FROM LOCAL RETAIL TO PLAN DEVELOPMENT.

4 46.

UH, THIS, UM, IDENTIFY PERMITTED LAND USES AS WELL, SOME SPECIAL CONDITIONS.

UH, IN THE SAME YEAR, UH, OR PLAN DEVELOPMENT, ORDINANCE NUMBER 4 48 WAS APPROVED TO ALLOW A VARIATION FROM ORDINANCE 4 46 TO THE MASONRY REQUIREMENT.

AND THEN IN THE SAME YEAR, UH, A SPECIAL USE PERMIT ORDINANCE NUMBER 4 47 WAS APPROVED FOR PELICAN'S RESTAURANT WITH THE SALE OF ALCOHOL.

THE SITE WAS THEN DEVELOPED, UH, THE FOLLOWING YEAR IN 79 AS APPROXIMATELY IN ITS CURRENT CONDITION.

UH, IN 1988, THE UM, RESTAURANT WAS CONVERTED TO WHAT WE NOW KNOW IS, UH, NATE'S SEAFOOD AND STEAKHOUSE, UH, USING THAT, UH, SPECIAL USE PERMIT ORDINANCE 4 47.

AND,

[00:40:01]

THE SECOND SITE AS PART OF THIS REQUEST IS, UH, 18 RUN ROAD.

THIS IS A TOWN OWNED PROPERTY, UH, WHICH IS IMMEDIATELY, UH, ADJACENT TO THE NATE'S PROPERTY TO THE WEST.

UH, THIS IS A APPROVAL OF A PLAN DEVELOPMENT AMENDMENT TO AMEND ORDINANCE NUMBER 16 0 3, UH, TO MODIFY THE SPECIAL CONDITIONS TO ALLOW OFFSITE PARKING AS A PERMITTED USE, UH, FOR A PORTION OF, OF THAT 1.24 ACRE PARCEL.

UH, THE HISTORY OF THIS PARCEL IS, UH, IT WAS REZONED, UH, UNDER PLAN DEVELOPMENT ORDINANCE 4 46, UH, THE SAME ONE THAT WAS APPLIED TO THE NATE'S PROPERTY.

UH, IN 1991, THERE WAS A PLAN DEVELOPMENT, AN OR PLANNED DEVELOPMENT AMENDMENT, UH, UNDER ORDINANCE 91 66 TO ALLOW THE SAM'S CLUB DEVELOPMENT.

UH, THIS PARTICULAR PARCEL WAS INCLUDED IN THAT AND WAS UTILIZED AS, UM, SOME OPEN SPACE LANDSCAPING AND PARKING FOR SAM'S CLUB.

UH, ORIGINALLY IN 2016, THE ADDISON GROVE PLAN DEVELOPMENT DEDICATED THIS 1.24 ACRE PARCEL TO THE TOWN, UH, WITH THE INTENT TO USE IT AS, UM, UH, PARK SPACE OR OPEN SPACE, UH, FOR THE FUTURE.

AND NOW TODAY WE ARE, UM, REQUESTING A PLAN DEVELOPMENT AMENDMENT TO A PORTION OF THAT LOT TO ALLOW THE OFFSITE PARKING.

ALL RIGHT, NOW GETTING INTO THE, UH, THE NITTY GRITTY OF, OF WHY THESE AMENDMENTS ARE REQUIRED AND THE PROPOSED SITE MODIFICATIONS.

SO, UH, WITH THE MIDWAY ROAD RECONSTRUCTION PROJECT, UH, RIGHT OF WAY ACQUISITION WAS REQUIRED.

IT WAS NEEDED, UH, TO EXPAND, UH, THE, THE RIGHT OF WAY AND TO ADD A 10 FOOT TRAIL, UH, ALONG THE MIDWAY FRONTAGE WHEN THAT WAS.

UM, ULTIMATELY THAT WAS ACHIEVED.

HOWEVER, IT, IT, UM, MADE ALL OF THE PARKING SPACES AT NATE'S AT FRONT ONTO MIDWAY ROAD, UH, NON-COMPLIANT.

THEY WERE TOO SHORT AND WOULDN'T AT A CAR IN THEM.

SO IN ORDER TO ALLOW THOSE PARKING SPACES TO BE SALVAGED, THE SITE WAS, UH, MODIFIED SLIGHTLY.

AND ALL OF THOSE PARKING SPACES THAT FRONT ONTO MIDWAY ROAD WERE SHIFTED, UM, CLOSER TO THE BUILDING TO COMPENSATE FOR THAT APPROXIMATELY FOUR AND A HALF FEET THAT WAS, UM, REMOVED FROM THE FRONT SIDE, THAT THEY WERE ABLE TO DO THAT BY REMOVING AN EXISTING, UH, FOUR AND A HALF FOOT SIDEWALK THAT WAS DIRECTLY ALONG THE BUILDING.

SO THEY REMOVED THAT, UH, SIDE, THAT CONCRETE SIDEWALK, REPLACED IT WITH, UH, OR PROPOSING TO REPLACE IT WITH AN ASPHALT DRIVE AISLE AND THEN SHIFT ALL OF THOSE PARKING SPACES TO THE NORTH.

THAT WILL ALLOW, UH, THE TOWN TO DEVELOP THE, EXPAND THE RIGHT OF WAY AND, UH, CONSTRUCT THE TRAIL AND ALSO ALLOW NATE TO CONTINUE TO USE, UM, NEARLY ALL OF THOSE PARKING SPACES THAT FRONT ONTO, UH, MIDWAY ROAD.

I DO BELIEVE THEY'LL LOSE, UM, ONE OR TWO PARKING SPACES TO, UM, UH, INSTALL THE, UM, PROPOSED LANDSCAPE ISLANDS AT THE ENTRANCE ON EITHER SIDE OF THE MIDWAY ENTRANCE.

THOSE CURRENTLY ARE, UM, THERE'S CURRENTLY NOTHING THERE.

THEY'RE JUST, IT'S FLANKED BY PARKING SPACES, SO LANDSCAPING AND, AND A CURB WILL BE ADDED AT THAT LOCATION.

ADDITIONALLY, THERE ARE TWO HANDICAPPED, UH, SPACES ON, ON THE PROPERTY THAT ARE, UH, IMMEDIATELY ADJACENT TO THE BUILDING AT THE ENTRY.

UH, THOSE SPACES, UM, MAY OR MAY NOT COMPLY WITH ALL THE ADA REQUIREMENTS.

UH, WITH THIS, THEY ARE PROPOSING TO, UM, MODIFY THAT AREA TO BRING THEM INTO FULL COMPLIANCE.

IN ADDITION TO THAT, THEY ARE PROPOSING TO ADD AN ADDITIONAL TWO, UH, HANDICAP SPACES, UH, THE OTHER SIDE OF THE DRIVE AISLE.

THIS WILL BRING THEM INTO COMPLIANCE WITH THE MINIMUM NUMBER OF HANDICAP SPACES REQUIRED ON SITE.

UH, OTHER THAN THAT, UH, ON THE NATE'S PROPERTY, THERE ARE NO, UM, PROPOSED, UH, YOU KNOW, MODIFICATIONS OTHER THAN MAYBE CLEANING UP SOME, SOME STRIPING.

BUT THAT THOSE ARE THE ONLY SUBSTANTIAL CHANGES ON THE, UH, TOWN'S LOT, UH, 18 RUNAN ROAD, UH, AS PART OF THE AGREEMENT WHICH WILL, UM, MOVE FORWARD IN THE FUTURE TO CITY COUNCIL FOR CONSIDERATION BETWEEN THE TOWN AND, UH, THE PROPERTY, NATE'S PROPERTY OWNER, THE, UH, TOWN IS OFFERING TO CONVEY A PORTION OF THE 1.24 ACRE PROPERTY.

UH, I BELIEVE IT'S, UM,

[00:45:01]

0.55 ACRES THAT THEY WILL BE CONVEYING TO, UH, THE NATE'S PROPERTY OWNER TO ALLOW THEM TO USE THAT EXISTING, UM, PARKING SURFACE AS PARKING FOR NATES.

UH, THIS PROPERTY IS CURRENTLY ZONED PLAN DEVELOPMENT AND THAT DOES NOT, UH, ALLOW OFFSITE PARKING AS A PERMITTED USE.

SO AS A PART OF THIS AMENDMENT, WE ARE, UH, THE TOWN IS RECOMMENDING, UH, THAT THIS PROPERTY BE REZONED TO A PLAN DEVELOPMENT, UH, WITH AN AMENDMENT TO ALLOW OFFSITE PARKING, UH, FOR THE ESTABLISHMENT AT THE ADJACENT LOT, WHICH IS CURRENTLY NATE'S, UH, TO BE USED FOR OFFSITE PARKING.

THE ONLY MODIFICATIONS, UH, FOR THE WHAT IS NOW THE TOWN LOT, THE LAND TO BE CONVEYED IS TO RETRIP THE EXISTING PARKING LOT AREA.

YOU'RE NOT PROPOSING TO ADD IMPERVIOUS, UH, SURFACE TO THE PARKING LOT AREA.

UM, HOWEVER, THEY WILL ADD APPROXIMATELY 130 SQUARE FEET OF IMPERVIOUS SURFACE TO ADD A VEHICLE CONNECTION ON THE SHARED PROPERTY LINE.

IT'S A LITTLE BIT DIFFICULT TO SEE WITH THE, UM, THE AERIAL, UH, UNDER THAT, BUT IT IS, UM, AT A SHARED POINT BETWEEN THE TWO PROPERTY LINES AND IT WOULD ADD A VEHICLE CONNECTION TO THOSE, UH, TO BETWEEN THE TWO LOTS.

AND, UH, LASTLY THERE WOULD BE, UH, REMOVABLE BALLARDS INSTALLED, UH, OR, UH, OTHER EMERGENCY ACCESS COMPLIANT BARRICADES ADDED TO PREVENT, UM, CUT THROUGH TRAFFIC.

SO THOSE ARE AT THE NORTHERN PROPERTY LINE OF THE RUN ROAD PROPERTY, AND YOU CAN SEE THEM IN THESE, UM, THE LITTLE DOTS ON THE EXISTING, UM, DRIVE AISLES.

SO THOSE WILL BE PROVIDED AS WELL.

OTHER THAN THAT, THERE ARE NO PROPOSED MODIFICATIONS TO THE, UH, RUNIN ROAD PROPERTY.

SO THE NATE'S, UH, SEAFOOD AND STEAKHOUSE SITE IS REQUIRED TO HAVE 49 PARKING SPACES, UH, PER THE EXISTING PLAN DEVELOPMENT, WHICH IS 4 46, UH, THAT OUTLINES A RATIO OF ONE SPACE FOR EVERY 100 SQUARE FEET OF, UM, FLOOR AREA FOR RESTAURANT USES.

THERE ARE, UH, 65 SPACES PROPOSED WITH THOSE MODIFICATIONS ON SITE.

AND THEN THE, UH, OFFSITE PARKING WOULD PROVIDE AN ADDITIONAL 23 OFFSITE PARKING SPACES, UH, RESULTING IN A TOTAL OF 88.

UH, STAFF UNDERSTANDS THAT THIS, UH, PARTICULAR RESTAURANT IS, UM, NOTABLE, UH, IN ADDISON AND, AND BELOVED AND, UM, WOULD UTILIZE THE EX THE EXISTING PARKING AND THE OVER PARKING FOR THIS PARTICULAR SITE.

UH, NO FACADE, UM, CHANGES ARE PROPOSED, UH, AT THE, THE NATE SITE.

AND THEN, UH, AS I MENTIONED PREVIOUSLY, THERE IS NO IMPERVIOUS SURFACE ADDED TO THE NATE SLOT.

THEY'RE ACTUALLY ADDING A LITTLE BIT OF IMPERVIOUS SURFACE AT THE ENTRANCE WITH THE LANDSCAPE ISLANDS.

AND THEN, UH, ON THE TOWN OWNED LOT THAT IS TO BE CONVEYED, 130 SQUARE FEET WILL BE CONVERTED FROM, UH, PERVIOUS TO IMPERVIOUS TO ADD THE VEHICLE CONNECTION, UH, BETWEEN, UH, BOTH PROPERTIES, A TOTAL OF 13 NOTICES, UH, WERE SENT OUT TO RECIPIENTS.

SOME OF THOSE, UH, WERE, WERE DUPLICATE, UH, RECIPIENTS AS THEY ARE, UH, VERY CLOSE TO EACH OTHER AND WE DID NOT RECEIVE ANY RESPONSES TO THOSE NOTICES.

AND SO FOR THE, UM, FIRST ITEM, EXCUSE ME, ITEM NUMBER FOUR, UH, WHICH IS FOR THE NATE'S, UH, PROPERTY STAFF RECOMMENDS APPROVAL OF THE REQUEST AND HAS NO, UH, SUGGESTED RECOMMENDATIONS OR CONDITIONS, EXCUSE ME, FOR THE PROPERTY TO BE CONVEYED.

AT 18, UH, RUN ROAD STAFF RECOMMENDS APPROVAL WITH THE FOLLOWING CONDITIONS, UH, THAT NO NEW VEHICLE CONNECTIONS ARE ESTABLISHED BETWEEN, UH, FROM THAT LOT TO BELTLINE ROAD, RUN ROAD OR BELTWAY ROAD.

THAT OFFLINE OFFSITE PARKING MAY ONLY BE USED TO SUPPORT, UH, THE ADJACENT PROPERTY AT 14,000 9 51 MIDWAY ROAD.

AND ANY FUTURE EXPANSION OF THAT PARKING OFFSITE PARKING LOT WOULD REQUIRE APPROVAL DEVELOPMENT PLANS, AND MUST COME INTO FULL COMPLIANCE WITH TOWN REQUIREMENTS.

UH, THAT INCLUDES, UH, SCREENING AND, UH, LANDSCAPING AS WELL.

HAPPY TO TAKE ANY QUESTIONS, LESLIE, WE DISCUSSED DURING THE, THE WORK SESSION, LESLIE WILL ONLY IS PRESENTING BOTH ITEMS, GEN ITEMS FOUR AND FIVE TOGETHER, BUT WE WILL HANDLE THEM SEPARATELY, UM,

[00:50:01]

AS FAR AS COMMISSION.

SO I'M GOING TO, UH, ASK IF THERE'S ANY QUESTIONS ON A GEN ITEMS FOUR AND FIVE FOR LESLIE, BUT THEN WE'LL COME BACK AND OPEN UP THE PUBLIC HEARING FOR EACH ONE SEPARATELY.

YEAH, YOU GO BACK TO THE VERY FIRST DRAWING UP THERE.

GOT THE, YEAH, THERE.

SO CONSIDERING IT'S SUPER OVER PARK, I GUESS I DON'T, WHAT'S THE PURPOSE OF WHY THEY'RE TAKING THAT SIDEWALK OUT? AND IS THAT FRONT PARKING HERE, IS THAT A TWO-WAY ROAD OR WOULD THEY HAVE BEEN BETTER DOING SLANTED PARKING THERE AND WOULD IT KEPT THE SIDEWALK? SO THIS, UH, DRIVE AISLE RIGHT HERE IS UH, I BELIEVE IT'S 24 FEET AND WIDTH, WHICH IS, UH, TWO LANE ROAD.

THAT'S THE WIDTH OF A STANDARD FIRE LANE.

SO IT IS, IT IS TWO LANE? YES.

YEP.

AND IS IT HAVE ACCESS TO THE STARBUCKS? YES, IT GOES ALL THE WAY.

AND I CAN REMEMBER YOU CAN, OKAY.

THIS IS, YOU CAN SEE IT RIGHT HERE.

THAT IS ACTUALLY THE, UM, THE ENTRANCE INTO THE STARBUCKS LOT.

THE CURB CUT RIGHT THERE.

SO THIS WAS BETTER THAN TRYING TO SOLVE THE SIDEWALK YOU WERE BETTER WITH, WITH THEIR, CORRECT.

AND THEN MY OTHER QUESTIONS FOR THE OTHER ONE, SO I DON'T KNOW IF EVERYONE WANTS TO ASK HERE OR YEAH, YEAH.

IF YOU HAVE QUESTIONS FOR LESLIE ON EITHER ONE OF THESE, YOU NEED TO ASK THEM NOW.

SO, BUT WE'LL DO YOU HAVE ON THIS ONE OR THE NEXT ONE? ON THIS ONE? OKAY, ON THIS PARTICULAR SLIDE.

SO WHEN WE PUT THE 10 FOOT HIKE OR BIKE PATH IN, WILL THERE BE A BUFFER BETWEEN MIDWAY AND THE, THE, UM, PATH? YEAH.

OH, YOU WANNA ADDRESS IT? I DON'T, THERE WILL THE, THE SIDEWALK WILL NOT BE A BACKUP CURB.

THERE WILL BE A SEPARATION.

SHANNON, DO YOU HAVE ANY, SHANNON HAS, WELL, LET'S JUST, SO MY, IN MY HAND, WE'RE STILL AT, WE HAVE NOT OPENED UP THE FOR THE PUBLIC PORTION YET.

HE'S THE APPLICANT.

SO LET'S JUST FOR THE, HE'S THE TOWN, BUT HE'S ALSO THE APPLICANT.

SO I WOULD JUST LIKE US IN MY HEAD.

I'M TRYING AUSTRALIA, IF YOU DON'T MIND.

SO, AND, AND THE REASON I'M ASKING IS, SO, I MEAN, I DRIVE BY NATE'S EVERY DAY.

IT'S A GREAT RESTAURANT, I LOVE IT.

UM, AND I'M GLAD WE'RE TRYING TO ACCOMMODATE THEN THIS WAY, BUT I MEAN THERE'S A LOT OF CONCRETE THERE IN THE WRITEUP.

YOU'RE SAYING THE SITE WILL GENERALLY BE IN COMPLIANCE, UM, WITH OUR LANDSCAPE ORDINANCE.

WHAT DOES THAT MEAN? OH, SORRY.

SO THIS PARTICULAR SITE, THE NATE SITE, THEY WERE APPROVED FOR A SPECIAL USE PERMIT, UH, I BELIEVE IT WAS ORDINANCE 4 4 7 4 47 FROM 1978.

DURING, IN THAT S SEP ORDINANCE, THEY WERE APPROVED WITH A LANDSCAPE PLAN.

SO THERE WAS A SITE PLAN, A LANDSCAPE PLAN, A FACADE PLANS APPROVED, AND THAT SPECIAL USE PERMIT.

UM, THAT COMMENT AND THE STAFF REPORT WAS JUST SAYING THEY ARE GENERALLY IN COMPLIANCE WITH THAT APPROVED LANDSCAPE PLAN FROM 19, UH, 78, THAT WAS, THAT CITY COUNCIL APPROVED.

SO THE DEPARTMENT, IT WASN'T WHAT IT IS NOW.

IS THAT WHY THERE'S NOT AS MUCH? YEAH.

AND SO WHEN I SAY GENERALLY THERE WAS, UM, LIKE FOR EXAMPLE, THE PROPO, THE PLAN THAT WAS APPROVED IN 78 DID NOT HAVE THE LANDSCAPE ISLANDS AT THE ENTRY.

BUT, BUT IT'S NOT, IT, IT LOOKS ALMOST IDENTICAL WITH THE EXCEPTION OF A, OF A COUPLE LITTLE CURB, YOU KNOW? SO, AND THEN BACK TO MY ORIGINAL QUESTION IS WHEN WE DO PUT THAT 10 FOOT PATH IN, IS WILL THERE BE A, A GREEN BUFFER IN BETWEEN MIDWAY AND THE PATH 20 DRAWING? ARE YOU TALKING ABOUT THE, TALKING ABOUT THE EDGE OF MIDWAY? THERE'S A LITTLE, YOU WON'T SEE IT ON THAT IMAGE, BUT GO TO THE NEXT ONE, ONE YOU WERE ON.

THERE WE GO.

AND I CAN ZOOM IN THAT DOTTED AREA.

YEAH, SO IT GETS A LITTLE BIT, UM, PIXELATED, BUT YOU CAN SEE THAT THE, THE PROPOSED SIDEWALK AND THEN THERE WILL BE A, IT IS NOT A BACKUP CURB, SO THERE'LL BE SEPARATION BETWEEN THE, THE BACKUP CURB OF, SO SEE WHERE IT'S A SOUTH 2 44 0.70.

SO, SO THAT AREA IS LANDSCAPE AREA.

IT'S, IT'S A SMALL STRIP.

PERFECT.

WITH THE LITTLE ARROWS.

WAS THERE SOME COMPROMISE IN, IN THE MIDDLE HERE? YES.

SO YOU CAN SEE THE CURVE LINE THAT IT'S AT THE BOTTOM OF THE TEXT.

IT'S JUST, UH, YEAH, IT'S GRAY SCALE.

AND IS THAT CONSISTENT WITH HOW THE STARBUCKS IS? LIKE IS THAT ALL FLUID THERE TO HEAD NORTH OR IS STARBUCKS GONNA NOT, IS IT GONNA BE SOME DEVIATION IN WIDTH THERE? HE CAN'T SPEAK SPECIFICALLY TO THAT CUZ WE HAVEN'T REVIEWED IT.

SHANNON CAN ADDRESS THAT.

GENERALLY I WOULD SAY IS THERE SOME DEVIATIONS THROUGHOUT THE CORRIDOR? CAUSE EACH PROPERTY IS DIFFERENCE.

SO MAYBE THE TOWN'S THE APPLICANT AND NOT NATE'S TO, BUT THERE WERE DISCUSSIONS BETWEEN THE TOWN AND NATE'S, I ASSUME.

WERE THEY AMICABLE OR WAS, DID THEY, DID NATE GET WHAT THEY WANTED OR

[00:55:01]

NO.

SO THIS APPLICATION WAS OFF, SO IT WAS AUTHORIZED BY THE PROPERTY OWNER OF NATE'S.

THEY'RE, THEY'RE ESSENTIALLY MADE LEGAL.

UH, UH, WHILE IT IS TOWN INITIATED AND WE ARE, UM, TRULY ASSISTING THEM, IT WAS, UH, AS PART OF THE AGREEMENT THAT WE WOULD, UH, ASSIST WITH THIS APP, THE REZONING APPLICATION PROCESS.

UH, AND THEY ARE, THEY ARE ON BOARD WITH THE, THE PROPOSED CHANGES THAT WILL SUPPORT THE, THEIR BUSINESS.

THERE ARE A LOT OF RESTAURANTS AND FACILITIES UP AND DOWN MIDWAY, WHICH OBVIOUSLY HAVE BEEN IMPACTED BY THE CONSTRUCTION.

SO IS THIS ONE OF, MANY OF THESE WE'RE GONNA MEET AND SEEN OR IS THIS WHY THIS, THIS ONE FIRE THAT FOR, TO ACCOMMODATE NATES, THIS IS THE ONLY ONE THAT INVOLVED A LAND SWAP? UM, SO, UH, ONE THING TO TO POINT OUT THAT'S NUANCED IN THIS DISCUSSION IS THIS IS SIMILAR FOR MOST CITIES.

UM, TYPICALLY CITIES ADOPT ORDINANCES THAT, THAT SAY SOMETHING EFFECTIVE WHEN, UH, LAND IS, OR A PROPERTY IS MADE NONCONFORMING DUE TO AN ACTION SUCH AS EMINENT DOMAIN OR RELATED TO A, A CITY PROJECT WHERE THERE'S A NEED TO TAKE LAND.

UH, THOSE, UH, ARE NOT TRUE.

SO IF THIS WERE TO REDEVELOP AND, AND, AND COMPLETELY TRANSFORM, THEY'D HAVE TO CONFORM TO THE CODE AT THAT TIME.

BUT AS THEY'RE OPERATING NOW, UH, THAT ANY CHANGES TO THIS SITE THAT IS, IS MADE, UH, NON-CONFORMING AS A RESULT OF THIS PROJECT IS NOT TRULY NON.

ALL RIGHT.

SO ANY OTHER QUESTIONS FOR LESLIE ON, YEAH, I MISSED ITEMS FOUR AND FIVE.

I MUST, I MAY HAVE MISSED OVERLOOK.

SORRY, JUST FOR MY OWN KNOWLEDGE, WHAT WAS THE TOWN USING THEIR LAND FOR PRIOR TO THIS? SO IT IS, IT WAS DEDICATED FROM THE ADDISON GROVE DEVELOPMENT 2016.

UH, AT THIS POINT THAT, UM, THE NORTHERN PORTION THAT OUR, THAT IS PROPOSED TO BE CONVEYED, IT HAS A, UH, AN OLD PARKING SURFACE FROM SAM'S CLUB.

SO RIGHT NOW, I, SO THE ENTRANCE IS COMING FROM THE WEST, IT'S COMING FROM CUT OFF FROM THE SOUTH, NORTH, NORTH.

BUT ON THAT, AND THAT'S GONNA GET ALL CUT OFF AND THEN IT'S GONNA BE EAST INTO, CORRECT.

THERE'S NOTHING DEVELOPED.

SO RIGHT NOW THEN THE SOUTHERN PORTION IS JUST, UM, OPEN SPACE.

RIGHT, RIGHT THERE.

NOW, UH, THERE IS, UH, IT'S INTENDED TO BE A PUBLIC PARK IN THE FUTURE.

AND IS THE, THAT'S NOT, UH, SO THERE'S NO PROGRAMMING FOR IT.

IT, IT COULD CERTAINLY BE PROGRAMMED FOR A PUBLIC PARK, BUT THERE'S, THERE'S NO POLICY THAT SUGGESTS THAT YET.

AND ARE WE KIND OF EQUAL FOR ACREAGE, SQUARE FOOTAGE, WHATEVER OF WHAT YOU'RE TAKING VERSUS WHAT YOU'RE GIVING? OR ARE YOU OVERGIVING IT'S A 1.24 ACRE.

THAT'S THE, THE PARCEL.

AND WE ARE CONVEYING 0.5, UH, FIVE ACRES.

SO JUST SO UNDER HALF, CLOSE TO HALF.

SO I'M GONNA THROW OUT A QUESTION, SORRY IF I SHOULD DO THIS EARLIER THAT I WASN'T HERE, BUT I PERSONALLY THINK THE SNUFFERS AND LA VENTANA HAVE A MUCH BIGGER PARKING ISSUE THAN NATES DOES.

IT, DOES THE TOWN, DO WE RUN INTO ANY RISK WITH GETTING BACKLASH FROM THEM FOR DOING THIS IF THEY REALLY WOULD WANT TO USE THAT PARKING? I MEAN, I GET THAT THERE'S SOME TRADE OFF, BUT YOU'RE NOT TALKING ONE FOR ONE AT THIS POINT.

SO THEY, YOU'RE WAY OVER PARKING NATES, THEY CURRENTLY HAVE NO RIGHT TO USE THAT PARKING AS IT AS IT STANDS.

IT, IT'S TOWN PROPERTY, SO IT'S, WE'RE NOT TAKING FROM THEM.

THE, THE REALITY IS, IS THEY CERTAINLY TRY HAVE, UH, SOME OF THEIR CUSTOMERS THAT CURRENTLY USE IT.

BUT AS FAR AS WHETHER THEY'RE PERMITTED TO OR NOT RIGHT NOW, NO.

IT, IT'S TOWN PROPERTY, THEY DON'T HAVE ANY, THE TOWN DOESN'T TAKE ANY RISK BY THEM FOR THEM TO COME AFTER.

NO.

CAUSE IT'S NOT APPLICABLE TO, TO THEIR ZONING ENTITLEMENTS.

THANK YOU.

OKAY, ANY OTHER QUESTIONS FOR LESLIE? FOR I, JENNA? FOUR OR FIVE? YEAH, CAN YOU, WE GO TO THE, THE, THE OVERVIEW PICTURE.

I DON'T WHAT YOU CALL IT THAT ONE.

SO, SO YOU SHOULD, YEAH.

YOU SHOWED THAT LITTLE DOTTED LINE, THAT'S WHERE THE BARRIER WILL BE.

THE EAST SIDE OF THE SITE.

RIGHT.

SO THE, UH, THESE, UM, LITTLE DOTS THAT ARE ILLUSTRATED ACROSS THE EXISTING, UH, DRIVE AISLES, THOSE WILL BE EMERGENCY ACCESS ONLY.

RIGHT.

AND SO SECURED, ARE WE TALKING ABOUT THAT WHOLE SQUARES WHERE THEY'RE GONNA PARK? SO THE PARKING AREA, THE PARKING SURFACE CURRENTLY EXISTS, UM, WHERE IT SHOWED STRIPED HERE.

SO, UM, THE AREA TO THE NOR, OR IT WOULD BE THE WEST OF, UM, AT THE, THE NORTH OF THE SCREEN OR THE TOP OF THE SCREEN THAT IS NOT LANDSCAPED AREA, OR EXCUSE ME, THAT IS NOT PARKING SURFACE AREA.

SO THAT'S NOT PROPOSED CURRENTLY TO BE USED FOR PARKING, ONLY THE EXISTING PARKING SURFACE, WHICH IS, UM, AT

[01:00:01]

SO NO TREES BE HARMED BY THIS? CORRECT.

I MEAN, THEY'RE NOT PROPOSING TO REMOVE TREES, ADD TREES, UH, AND AS I MENTIONED, THE ONLY, THE IMPERVIOUS SURFACE WILL BE ADDED FOR THE VEHICLE CONNECTION, BUT THAT'S THE ONLY MODIFICATION.

AND SO WILL THERE BE A CHAIN AT THE BACK OF THAT OR SOME THINGS THEY CAN'T GO GO TO THE BACK ON THE MM-HMM.

, THE WEST SIDE, THERE IS NOT, UH, A CHAIN PROPOSED THERE.

UM, THAT AREA IS JUST GRASS AREA.

SO, UM, THEY, THEY SHOULDN'T BE PARKING THERE ANYWAYS.

UH, AND THEN, UM, ON THIS IT SAYS IF IT EXPANDS LATER, THEY HAVE TO DO THE BARRIER AND ALL THAT STUFF.

ARE YOU EXPECTING IT TO EXPAND FURTHER TOWARDS THE TOP OF THE SCREEN THEY HAVE? IS THAT WHAT YOU'RE SAYING? SO THAT WOULD, THAT WOULD BE THE, THAT'S THE INTENT OF THE CONDITION.

THERE IS, UM, NATES HAS NOT COMMUNICATED TO US THAT THEY'RE PROPOSING TO, TO TURN AROUND AND SUBMIT DEVELOPMENT PLANS TO EXPAND THAT PARKING LOT.

UM, OBVIOUSLY WITH 88 PARKING SPACES, THEY WILL BE OVER PARKED OUR RATIO ANYWAYS AND HOPEFULLY THAT, UH, FULFILLS THEIR NEEDS.

UM, THAT WAS, THAT'S JUST A CONDITION TO, UM, FOR CLARITY PURPOSES, TO MAKE IT CLEAR THAT THE TOWN FULLY ANTICIPATES THAT AT ANY FUTURE, UH, EXPANSION OF THAT SITE WILL, UM, BASICALLY TRIGGER FULL COMPLIANCE WITH ALL OF OUR STANDARDS.

SO WHY DON'T WE JUST SAY THEY SHOULD DO IT NOW? SO UHHUH, WHICH I THINK, UH, SHANNON CAN SPEAK.

SO IT, IF THEY'RE, THEY'RE NOT MAKING ANY CHANGE TO WHAT'S ALREADY THERE.

THE ONLY THING THAT'S CHANGING IS THEY'RE PUTTING UP SOME, SOME ACCESS RESTRICTION POINTS TO THE NORTH AND THEY'RE MAKING A CURB CUT SO THE ACCESS IS FROM THEIR PROPERTY INSTEAD OF SNUFFERS AND LA FONTANA.

SO, UM, GIVEN THAT THIS IS PART OF A NEGOTIATION, ANYTHING WE TRY TO FORCE UPON THEM IN THAT NEGOTIATION, THE TOWN IS ULTIMATELY LIKE, LIKE RESPONSIBLE FOR THAT.

SO IF THEY'RE NOT PLANNING TO USE THAT AREA THAT'S CURRENTLY JUST LANDSCAPE AREA, NOT PROGRAM FOR PARKING, UH, THERE WOULDN'T BE A REASON FOR THEM TO, UH, REASON FOR THE TOWN TO MAKE THEM THEM SCREEN THAT AREA.

CUZ IT, IT'S, IT'S, THEY'RE NOT CHANGING THE EXISTING CONDITION, PUTTING IT UP A MASON OR SCREENING WALL, MITIGATING FOR A TREE REMOVAL, PAVING IT, THAT THOSE ARE ALL GONNA VERY BE VERY COSTLY.

I DON'T, UH, BASED ON MY COMMUNICATION WITH THE NATE'S OWNERS, I THINK IT'S UNLIKELY AT ANY TIME IN THE, THE NEAR MIDTERM FUTURE THAT, THAT WERE TO, IF THAT WERE TO HAPPEN.

SO IT, IT'S, UH, LIKELY I WOULD ONLY SEE THAT IF YOU, IF YOU SAW REAL TRUE TRANSFORMATION IN THAT PROPERTY AND, AND A MUCH HIGHER PARKING DEMAND IS CREATED.

SO ON THE TOP OF THE SCREEN, THAT'S THE STREET THAT THEY PUT IN AND THAT IN THE SAM'S DEVELOPMENT, RIGHT? APARTMENT? YES, THAT'S THE MAGNOLIA.

CAN YOU, WHAT'S UP THERE? IS THAT A, IS THERE A BARRIER UP THERE SO THAT PEOPLE CAN'T GET, YOU HAVE A STREETSCAPE, SO IT'S TREES, CURB SIDEWALK.

SO PEOPLE CAN'T DRIVE OVER FROM THEIR, I MEAN TECHNICALLY THEY COULD, BUT IT WOULD BE UNREASONABLE FOR ME TO EXPECT SOMEONE.

THAT WAS THE QUESTION THAT NANCY BROUGHT UP WITH HER FOUR WHEEL DRIVE ROCO.

SHE WAS GONNA CUT THE .

THEY, THEY CAN NOW IT'S, AND, AND IT HASN'T BEEN A PROBLEM.

CERTAINLY I COULD HAVE 'EM PUT A CHAIN AROUND THE ENTIRE SITE, BUT AT SOME POINT WE WOULD HAVE TO CONSIDER WHETHER THAT'S REASONABLE OR NOT.

IF IT BECAME AN ISSUE IN THE FUTURE, THAT WOULD BE SOMETHING THAT THE PROPERTY OWNER MAY HAVE TO ADDRESS, BUT, UM, BASED ON HOW THAT SITE IS OPERATING CURRENTLY WITH VERY SIMILAR CONDITIONS, I, I JUST DON'T SEE THAT BEING, UH, AN ISSUE.

YOU'D HAVE TO BE GOING WELL OFF THE BEATEN PATH WHEN YOU COULD JUST DRIVE OUT TO MIDWAY AND BE ON YOUR WAY.

OKAY, NOW I'M GONNA OPEN UP THE PUBLIC PORTION FOR, FOR AGENDA ITEM NUMBER FOUR.

THE APPLICANT IS HERE.

SHANNON, WOULD YOU LIKE TO GET UP AND GIVE US A PRESENTATION OR JUST BE PREPARED TO ANSWER QUESTIONS? I'M SHANNON HICKS, I'M DIRECTOR OF PUBLIC WORKS AND ENGINEERING FOR THE TOWN, AND I'M HERE TO ANSWER ANY QUESTIONS OR ANY NUANCES FOR THIS IF YOU MIGHT HAVE THEM.

SO OTHER KNOW WHAT QUESTIONS WE HAVE FOR LESLIE, WHICH MAY HAVE OVERLAP WITH SHANNON.

SAY ANY COMMISSIONERS HAVE QUESTIONS FOR SHANNON AT THIS POINT.

IF NOT, I'M GOING TO CLOSE THE PUBLIC PORTION FOR THE MEETING AND, UH, ASK FOR A MOTION ON, ON ON AGENDA.

ITEM NUMBER FOUR, I MAKE A MOTION TO APPROVE CASE 1863 Z.

UM, SUBJECT TO ANY CONDITION LISTED.

DO I HAVE A SECOND? SECOND.

ALL ALL IN FAVOR SAY AYE.

AYE.

ALL OPPOSE SAY AYE NAME,

[01:05:01]

SANCTIONS.

ALL RIGHT, NOW WE'RE GONNA IMMEDIATELY MOVE TO AGENDA ITEM NUMBER FIVE.

HOLD A PUBLIC HEARING PRESENT, DISCUSS AND CONSIDER ACTION ON A RECOMMENDATION REGARDING COMPLIANCE AMENDING PLAN DEVELOPMENT PD, DISTRICT ORDINANCE NUMBER ZERO 16 DASH 0 0 3 FOR 0.552 ACRE SEGMENT OF A PROPERTY LOCATED EAST OF THE INTERSECTION OF RUNION ROAD AND MAGNOLIA STREET IN ORDER TO MODIFY USE REGULATIONS BY ALLOWING OFFSITE PARKING LOT RESTRICTED TO USE BY 14,000 9 5 1 MIDWAY ROAD.

NATE SEAFOOD'S TAKE HOUSE AS NOW A PERMITTED USE CASE.

1862 DASH Z SLASH 18 RUN ROAD.

UH, STAFF HAS ALREADY GIVEN THEIR REPORT ON THIS, SO I'M GONNA IMMEDIATELY GO INTO OPENING A PUBLIC PORTION OF THE MEETING.

WE HAVE THE APPLICANT AVAILABLE.

DO YOU WISH TO HAVE GIVEN A PRESENTATION OR YOU JUST AVAILABLE FOR QUESTIONS? IT'S AVAILABLE FOR QUESTIONS.

DO COMMISSIONERS HAVE ANY QUESTIONS OF THE PPLICANT? IS THERE ANYBODY ONLINE, LESLIE, THAT WISHES TO COMMENT ON THIS PARTICULAR SUBJECT? OOPS.

NOPE.

IF NOT, I'LL CLOSE THE PORTION OF THE MEETING AND ASK.

MOTION FOR AGENDA ITEM NUMBER FIVE.

JULIE, GIVE IT A SHOT.

I MOVE THAT WE APPROVE CASE 1862 DASH Z 18 RUN ROAD.

AN ORDINANCE AMENDING PLAN DEVELOPMENT DISTRICT ORDINANCE NUMBER OH ONE SIX DASH OH OH THREE FOR A 0.552 ACRE SEGMENT OF A PROPERTY LOCATED EAST OF THE INTERSECTION OF RUN ROAD IN MAGNOLIA STREET IN ORDER TO MODIFY USE REGULATIONS BY ALLOWING OFFSITE PARKING LOT RESTRICTED TO USE BY FIFTH 14, 9 51 MIDWAY ROAD, NATE SEAFOOD AND STEAKHOUSE AS A PERMITTED USE, UM, AS AS, UH, SUBMITTED BY STAFF WITH STIPULATIONS.

WITH STIPULATIONS THAT'S SUBMITTED BY STAFF.