[00:00:04]
[ Call Meeting to Order]
FOR THE PLEDGE OF ALLEGIANCE, A PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.[1. Consider Action on the Minutes from the July 24, 2025 Board of Zoning Adjustment Meeting.]
BUSINESS IS TO CONSIDER THE ACTION ON THE MINUTES FROM THE JULY 24TH, 2025 BOARD OF ADJUSTMENT MEETING.ARE THERE ANY CORRECTIONS THAT NEED TO BE MADE? SOMEBODY LIKE TO MAKE A MOTION.
I WOULD MOTION TO ACCEPT THE JULY 24TH, 2025 BOARD OF ZONING ADJUSTMENT MEETING MINUTES.
DO I HAVE A SECOND? I'LL SECOND.
ALL IN FAVOR, PLEASE RAISE YOUR HAND.
AYE, I I'VE FOUND THAT ON THE CAMERA IT'S EASIER IF PEOPLE RAISE THEIR HAND 'CAUSE NOBODY KNOWS ANYBODY'S VOICES.
UH, AND I, I SUSPECT WE'LL DO THAT FOR THE REST OF THE MEETING, IF THAT'S ALL RIGHT WITH EVERYBODY.
[2. Hold a public hearing, present, discuss, and consider action on a Special Exception to allow reductions and modifications to the site landscape requirements for building and site modifications related to the reuse of an existing office building for small-scale individual warehousing and associated site improvements for property located at 14601, 14603, 14621, & 14639 Inwood Road. ]
THREE, EVEN THOUGH THERE'S ONLY TWO NUMBERED, IS HOLD A PUBLIC HEARING PRESENT, DISCUSS AND CONSIDER ACTION ON A SPECIAL EXCEPTION TO ALLOW REDUCTIONS AND MODIFICATIONS TO THE SITE LANDSCAPE REQUIREMENTS FOR BUILDING AND SITE MODIFICATIONS RELATED TO THE REUSE OF AN EXISTING OFFICE BUILDING FOR SMALL SCALE AND INDIVIDUAL WAREHOUSING AND ASSOCIATED SITE IMPROVEMENTS FOR PROPERTY LOCATED AT 14 6 0 1 14 6 0 3 14 621, AND 14 639 INWOOD ROAD.BEFORE WE GET STARTED, I WANNA SORT OF LAY OUT WHAT I INTEND TO DO AND, AND MAKE SURE WE EVERYONE AGREES WITH THAT.
UH, STAFF'S GONNA GIVE A PRESENTATION, THEN WE'RE GONNA ASK THE APPLICANT TO GIVE A PRESENTATION IF THEY HAVE ONE.
AND THEN WE WILL HOLD A PUBLIC HEARING AFTER THOSE PRESENTATIONS AND, UH, ASK ANY OTHER MEMBERS OF THE PUBLIC IF THEY WANT SPEAK.
THEN WE'LL CLOSE THE PUBLIC HEARING.
AND THEN THERE ARE ACTUALLY SEVEN SPECIAL EXCEPTION REQUESTS AND I INTEND TO HOLD A VOTE ON EACH ONE OF THOSE SEPARATELY.
AND WE'LL GO DOWN THE ORDER THAT THEY WERE LISTED IN BOTH THE APPLICANT'S REQUEST AND THE STAFF REPORT.
DOES THAT MAKE SENSE TO EVERYBODY? AND IF I FORGET TO DO THAT, PLEASE HIT ME IN THE HEAD OR SOMETHING.
AND AS HAS BEGUN THE CUSTOM, WE NEED TO SWEAR IN THE PRESENTERS.
SO, ASHLEY, COULD YOU PLEASE RAISE YOUR HAND? DO YOU SOLEMNLY ALRIGHT.
DO YOU, DO YOU SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
PLEASE STATE YOUR NAME AND DO THE PRESENTATION.
LESLIE KNIGHT, DIRECTOR OF DEVELOPMENT AND NEIGHBORHOOD SERVICES.
UM, THIS EVENING I'LL BE PRESENTING THE, UH, SPECIAL EXCEPTION REQUEST.
SO I FIRST JUST WANT TO, UM, SET SOME CLARITY ON THE SUBJECT PROPERTY.
SO THERE'S, UM, IT, IT SEEMINGLY IS LIKE, THERE'S THREE DIFFERENT PARCELS, BUT THERE'S ACTUALLY A FOURTH PARCEL THAT'S IDENTIFIED ON D AD, UH, WHICH IS WHERE YOU SEE THE FOURTH ADDRESS, BUT WHERE THE SUBJECT PROPERTY IS, THE FORMER TUESDAY MORNING DISTRIBUTION, UM, SITE.
IT HAS, UH, BEEN VACANT FOR SOME TIME AND THERE ARE TWO, UM, ALSO VACANT RETAIL PAD SITES AT THE FRONT.
UM, AS MENTIONED, THERE ARE SEVEN DIFFERENT SPECIAL EXCEPTION REQUESTS.
UM, MOST OF THOSE, UH, COMING FROM THE, UM, CHAPTER 34, UM, LANDSCAPE REGULATIONS FROM THE TOWN CODE, UM, THE SUBJECT PROPERTIES, UM, THERE'S ACTUALLY TWO DIFFERENT ZONING.
THE, UM, BACK PROPERTY IS INDUSTRIAL AND THE TWO FRONT ARE, UM, LOCAL RETAIL.
SOME OF THE EXISTING SITE IMPROVEMENTS THAT EXIST, UH, EXIST ON THE SITE TODAY INCLUDE APPROXIMATELY 240,000 SQUARE FOOT WAREHOUSE BUILDING.
UM, THERE ARE TWO, THE TWO RETAIL BUILDINGS THAT EXIST TODAY, ONE'S APPROXIMATELY 20,000 SQUARE FEET ON THE NORTH, AND THE SOUTH ONE IS JUST UNDER 11,000 SQUARE FEET.
UM, AS I MENTIONED, THEY'RE, UM, CURRENTLY VACANT.
UM, THEY'RE CONSTRUCTED IN THE 1970S AND THE TOWN BOUNDARY, UM, IS IMMEDIATELY ON THE SOUTH AND WEST PROPERTY LINES OF THIS PARTICULAR PROPERTY.
SO TO THE SOUTH AND TO THE WEST IS ACTUALLY IN FARMER'S BRANCH.
JUST TO SET THE, SET THE STAGE FOR YOU, UM, JUST A LITTLE BIT OF HISTORY ABOUT THE REQUEST.
SO THE PROPERTY OWNER HAS BEEN WORKING WITH THE TOWN.
THEY DO, UM, OWN THE PROPERTY CURRENTLY AND THEY'VE BEEN WORKING TO, UM, FACILITATE THE ADAPTIVE REUSE.
[00:05:01]
WOULD YOU GO CHECK OUT THERE? WE'LL GO CHECK OUT THERE.OH, COREY, WE'RE GOOD? NO, IT WAS ME.
OH, THIS MONITORS, WE HAVE TO, THIS MONITORS MY BLOOD SUGAR.
IT NEVER PLAYS ANYTHING TO LEAVE IT EXCEPT I GUESS WHEN I PUT IT IN MY POCKET, I'M SORRY.
LISTEN, WE HAVE TO LEAVE IT OPEN.
UM, ALL RIGHT, WE'LL, UH, START THIS SLIDE AGAIN.
SO, UH, THE PROPERTY OWNER DOES, OR OF COURSE, THE PROPERTY OWNER OWNS THE PROPERTY, THE APPLICANT, UM, ASPACE DOES OWN THE PROPERTY.
UM, AND THEY'VE BEEN WORKING WITH THE TOWN, UM, ON ADAPTIVE REUSE OF THE, UM, EXISTING SITE FOR, UM, THEIR BUSINESS, WHICH REALLY, UM, I'LL LET THEM EXPLAIN IN GREAT DETAIL.
BUT IT'S, UM, SIMILAR TO A, LIKE A WEWORK CONCEPT, BUT FOR INDUSTRIAL USES.
SO IT'S SMALL SCALE INDUSTRIAL BUSINESSES, THEIR, A LOT OF THEIR CORE, UM, CLIENTELE IS ENTREPRENEURS OR SMALL BUSINESSES THAT NEED, UM, SCALABILITY AND INTO THE MARKET.
SO, UM, THEY HAVE PURCHASED THIS PARTICULAR PROPERTY TO DO THAT.
UM, DURING THE SITE PLAN REVIEW PROCESS, UM, IT WAS IDENTIFIED THAT FULL COMPLIANCE WITH OUR LANDSCAPE REQUIREMENTS WOULD BE NECESSARY.
AND SO, UM, WE HAVE WORKED WITH THE PROPERTY OWNER TO GET TO THIS POINT AS TERMS OF APPLYING FOR THE SPECIAL EXCEPTION AND COMING BEFORE YOU ALL TO, UM, SEEK RELIEF FROM THOSE.
SO I JUST WANNA QUICKLY ADDRESS THE INTENT OF THE NON-CONFORMITY STANDARDS.
SO THIS PARTICULAR PROPERTY, AS I MENTIONED, WAS CONSTRUCTED, UH, IN THE 1970S.
IT DOES NOT NECESSARILY, UH, IN MANY INSTANCES COMPLY WITH CURRENT CODE.
UM, AND THAT IS NOT, UM, ATYPICAL FOR DEVELOPMENT THAT HAS OCCURRED 50 PLUS YEARS AGO.
UM, HOWEVER, THE INTENT OF NONCONFORMITY STANDARDS, WHICH EXIST IN, UM, ALMOST ALL DEVELOPMENT CODES, IS THAT IT RECOGNIZES THAT PROPERTY DOES, WAS DEVELOPED IN A LEGAL MANNER AT SOME POINT IN TIME, HOW, AND ALLOWS THAT IN MOST CASES TO EXIST.
AND CONTINUATION OF THAT USE OR THOSE SITE STAND, THOSE SITE, UM, DEVELOPMENT STANDARDS TO, TO CONTINUE TO BE USED.
UM, HOWEVER, WHEN THERE IS A SIGNIFICANT REINVESTMENT OR REDEVELOPMENT SCENARIO, IT DOES IN MOST INSTANCES TRIGGER COMPLIANCE.
THE INTENT OF THAT IS THAT WHEN YOU ARE PROLONGING THE USABLE LIFE OF A PROPERTY, THAT WE WOULD WANT IT TO COME CLOSER INTO COMP CLOSER OR INTO COMPLIANCE WITH OUR CURRENT, UM, STANDARDS AS OUR COMMUNITY, LONG-TERM GOALS EVOLVE OVER TIME AS WELL.
AND, UM, SOME OF THE REASON WHY WE'RE, UM, GOING THROUGH THIS PROCESS THIS EVENING.
SO THIS IS THE, UM, PROPOSED SITE PLAN.
IT'S VERY SIMILAR TO, UM, THE CURRENT CONDITIONS TODAY.
UM, A FEW HIGHLIGHTS YOU'LL NOTICE, UM, THE APPLICANT HAS, UM, PROPOSED TO REMOVE THE SOUTHERN RETAIL BUILDING, WHICH IS APPROXIMATELY 11,000 SQUARE FEET.
UM, THAT IN TURN ALLOWS THEM TO, UM, GAIN OPEN SPACE AND ACTUALLY REDUCE THEIR PARKING REQUIREMENT.
SO, UH, THEIR, UM, REQUIRED PARKING IS LESS OVERALL.
UM, THEY ARE ADDING SOME PASSENGER VEHICLE PARKING.
UM, WHAT WILL BE THE NEW, UM, PRIMARY ENTRANCE TO THE INDUSTRIAL SPACE, WHICH IS RIGHT HERE.
UM, OTHERWISE, UM, THEY WILL PROPOSE THE INTERIOR RENOVATION AND SOME EXTERIOR IMPROVEMENTS, UM, FOR THE INDUSTRIAL BUILDING.
AND, UM, I THINK THE INTENT IS THAT THE RETAIL SITE WILL BE USED BUT NOT BY WEAR SPACE WILL BE USED BY, UM, ANOTHER TENANT TO BE DETERMINED IN THE FUTURE.
UM, THIS IS THE LANDSCAPE PLAN WHICH FOLLOWS SIMILARLY.
UM, THE SITE PLAN, YOU'LL SEE THE AREAS THAT ARE SHADED SLIGHTLY DARKER, UM, ARE THE NEW LANDSCAPED AREAS OR OPEN SPACE AS OUR CODE, UM, DEFINES THEM.
AND OPEN SPACE IS DEFINED AS PERMEABLE LIVING MATERIAL.
UM, SO FOR EXAMPLE, UM, DECOMPOSED GRANITE OR RIVER ROCK OR SOMETHING SIMILAR DOES NOT QUALIFY AS OPEN SPACE.
'CAUSE IT IS NOT A LIVING MATERIAL.
JUST FOR CLARIFICATION, UM, YOU'LL SEE THERE ARE SEVERAL NEW TREES PROPOSED AS WELL, AND THOSE ARE ALSO IDENTIFIED ON THIS PLAN.
SO, UH, THE CRITERIA FOR A SPECIAL EXCEPTION, UM, IT, THE CODE AUTHORIZES THAT THE BOARD OF ZONING ADJUSTMENT, WHICH IS, UH, YOU ALL, UM, MAY GRANT SPECIAL EXCEPTIONS TO THE LANDSCAPE REQUIREMENT IF IT FINDS THAT STRICT COMPLIANCE WOULD CREATE SUBSTANTIAL FINANCIAL HARDSHIP OR INEQUITY WITHOUT PROVIDING SUFFICIENT CORRESPONDING BENEFIT TO THE TOWN AND ITS CITIZENS,
[00:10:01]
UH, FURTHER STATES THAT TO SUPPORT THIS REQUEST, THE APPLICANT, UH, MUST DEMONSTRATE WHICH REQUIREMENTS WILL BE MET EITHER BY MODIFICATION OR, UM, PROVIDING ALTERNATIVE, UM, ALTERNATIVE FOR JUSTIFICATION OF WHY THEY SHOULD BE GRANTED.UM, AND EXPLANATION OF HOW THAT MEETS EQUAL TO, OR, UM, GREATER THAN THE NORMAL COMPLIANCE.
AND THIS WAS, UM, THE APPLICANT DID PROVIDE THAT, WHICH WAS INCLUDED IN THE PACKET AND I IT IS INCLUDED BEFORE YOU AS WELL.
SO THERE ARE SEVEN STANDARDS AND THROUGHOUT THIS PRESENTATION AS WELL AS THE APPLICANT, UM, UM, REQUEST FORM AND THE STAFF REPORT, ALL OF THESE LET, UH, EXCUSE ME, LETTERING ARE CONSISTENT.
SO A HERE IS A, AND ALL THE OTHER DOCUMENTS JUST TO, TO KEEP EVERYONE STRAIGHT.
SO THOSE SEVEN, UM, WE'RE GONNA GO THROUGH THESE AND THEN I HAVE SOME SLIDES THAT WE'RE GONNA TALK ABOUT THE APPLICANT JUSTIFICATION AND THE STAFF RESPONSE.
SO THE FIRST IS THE, UM, SEEKING RELIEF FROM THE SHADE PROXIMITY TO A PARKING.
SO THIS STANDARD REQUIRES THAT NO PARKING SPACE BE FURTHER THAN 50 FEET FROM A PARKING SPACE AND NO TWO, UH, MAYBE FURTHER THAN 75 FEET FROM A SHADE TREE.
THE LETTER B IS THE 20 FOOT LANDSCAPE BUFFER ALONG THE FRONTAGE.
AND THIS IS APPLICABLE TO INWOOD ROAD AND FOR THE SUBJECT PROPERTY.
AND THIS DOES REQUIRE A 20 FOOT WIDE LANDSCAPE BUFFER ALONG THE FRONTAGE, WHICH IN THIS CASE, AS I MENTIONED, IS INWOOD.
UM, THAT IS EXCLUSIVE OF ANY DRIVES, UM, TO ACCESS THE PROPERTY.
UH, LETTER C IS, UM, THE LANDSCAPE BUFFER TREE REQUIREMENTS.
AND THIS REQUIRES A FOUR CALIBER SHADE TREE FOR EVERY 30 LINEAR FEET, AS WELL AS EVERGREEN SHRUBS WITHIN THAT 20 FOOT LANDSCAPE BUFFER, WHICH WAS REFERENCED IN LETTER B.
THE NEXT THREE ITEMS, UM, LETTER D IS THE PERIMETER PARKING LOT LANDSCAPE STRIP.
SO THIS REQUIRES A STRIP OF LANDSCAPING, A MINIMUM OF FIVE FEET IN WIDTH AROUND THE PARKING AREAS.
THE INTENT OF THIS STANDARD IS TO, UM, POTENTIALLY PROTECT THOSE PARKING AREAS FROM ADJACENT PROPERTIES OR OFF SITE TO PREVENT HEADLIGHT GLARE, UM, AND ALSO, UH, ENHANCE THE AESTHETICS OF THE PROPERTY.
UH, E IS AUTOMATIC IRRIGATION.
UH, THE STANDARD REQUIRES THAT ALL OPEN SPACE, WHICH I MENTIONED IS LIVING MATERIAL MUST BE IRRIGATED WITH AN AUTOMATIC IRRIGATION SYSTEM.
UH, LETTER F IS REPLACEMENT TREES AND THIS REQUIRES A, UH, FULL MITIGATION OF ALL TREES ONE-TO-ONE.
SO FOR EXAMPLE, UM, THIS, SORRY, THIS IS SPECIFIC TO, UM, TREES THAT WERE DAMAGED DUE TO IMPROPER CARE.
SO THAT WOULD BE A 15 CALIBER INCH TREE REPLACED BY A 15 CALIBER INCH TREE.
IN THIS PARTICULAR INSTANCE, THIS IS, UM, SLIGHTLY DIFFERENT THAN OUR STANDARD MITIGATION, UM, REQUIREMENTS.
AND THEN THE LAST ITEM, WHICH IS LETTER G, IS, UH, LANDSCAPE REQUIREMENTS FOR PARKING LOT LANDSCAPING.
AND THAT'S THAT, UH, WHEN YOU HAVE A ROW OF PARKING THAT IS 10 OR GREATER SPACES, IT MUST TERMINATE IN A LANDSCAPE ISLAND.
UM, HOWEVER, I WILL NOTE, AND I'LL NOTE THIS LATER, UM, THIS PARTICULAR STANDARD DOES NOT APPLY FOR THE SUBJECT PROPERTY.
SO NOW I'M GONNA MOVE THROUGH EACH OF THESE ITEMS, UM, A THROUGH F AND PROVIDE, UM, THIS IS THE APPLICANT REQUEST.
THIS IS A, UM, COPY FROM THE APPLICANT'S REQUEST, UH, FORM, AND THEN, UH, STAFF'S RESPONSE TO, UM, THEIR REQUEST.
SO THE FIRST IS THE SHADE TREE, PROXIMITY WITHIN OR SHADE TREES AND PROXIMITY TO PARKING SPACES.
SO, UM, THE APPLICANT HAS JUSTIFIED THAT STRICT COMPLIANCE WOULD REMOVE, UM, ADDITIONAL PARKING, UM, AND, UM, EXCUSE ME, REMOVE ADDITIONAL PAVING AND THEREFORE PARKING SPACES, UM, TO UPGRADE TO MEET THIS STANDARD, WHICH WOULD LOSE EIGHT CRITICAL PARKING SPACES.
UM, STAFF'S RESPONSE, UM, FOR THE INTENT OF THIS STANDARD IS TO SUPPORT A REDUCTION IN HEAT.
I THE HEAT ISLAND EFFECT, ESPECIALLY WHEN YOU HAVE LARGE EXPANSES OF PAVEMENT AREA, UH, LIKE IS EXIST ON THE SUBJECT PROPERTY TODAY, UM, DUE TO THE PERIOD AT WHICH IT WAS, UM, CONSTRUCTED, AND ALSO THAT IT WAS CONSTRUCTED AS A DISTRIBUTION CENTER.
SO IT'S, UM, THE USE IS CHANGING A BIT, UM, AS WELL AS ADDITIONAL TREES THROUGHOUT THE SITE AND PARKING AREAS PROVIDE ENHANCED AESTHETICS AND ARE SUPPORT THAT'S SUPPORTED BY COMMUNITY GOALS AND LONG RANGE PLANS TO, UH, SUPPORT THE PEDESTRIAN ENVIRONMENT.
SO, UM, THIS IS, UH, JUST A GRAPHIC.
SO EACH AREA, UM, EACH CIRCLE YOU SEE IN RED IDENTIFIES THE EXISTING TREES OR THE PROPOSED TREES.
AND SO THE CIRCLE, YOU'LL SEE THE INNER CIRCLE IS 50 FEET.
SO ANY PARKING AREAS THAT ARE NOT SHADED BY RED DO NOT COMPLY WITH THE STANDARD.
JUST TO GIVE YOU AN IDEA OF WHERE THOSE AREAS, UM, EXIST,
[00:15:01]
THAT THEY DO NOT COMPLY.SO I'LL POINT TO A FEW OF THEM.
THESE RIGHT HERE, HERE, UH, THESE HERE AND THERE'S ACTUALLY SOME, UM, DOWN HERE AS WELL.
AND IN THIS FORER AREA, UH, LETTER B, THE NEXT ITEM IS THE 20 FOOT WIDE LANDSCAPE BUFFER ALONG INWOOD ROAD.
UM, THE APPLICANT'S, UM, REQUEST IS THAT THEY, TO MEET THIS 20 FOOT BUFFER REQUIREMENT ALONG INWOOD WOULD ELIMINATE 41 EXISTING PARKING SPACES THAT ARE CURRENTLY IN FRONT OF THE RETAIL BUILDINGS, UM, AND WOULD MAKE IT, UM, CHALLENGING OR EXCUSE ME, IMPOSSIBLE TO MEET THE PARKING REQUIREMENT OF 293 SPACES.
UH, THE ALTERNATIVE PROPOSAL THE APPLICANT IS, IS PROVIDED IS TO MAINTAIN THE EXISTING FIVE FOOT WIDE, UH, LANDSCAPE BUFFER THAT IS CURRENTLY ALONG INWOOD ROAD, UM, AND PROVIDE NEW LANDSCAPING TO ENHANCE THIS AREA.
STAFF'S RESPONSE IS THAT, UH, THE FIVE EXISTING FIVE FOOT WIDE BUFFER DOES NOT ALLOW FOR IMPLEMENTATION OF, UM, PEDESTRIAN IMPROVEMENTS SUCH AS A SIDEWALK OR OTHER AMENITIES AND, UH, DOES NOT.
UM, THERE'S NOT CURRENTLY A SIDEWALK ON INWOOD ROAD IN THIS AREA AND DOES NOT SUPPORT THE TOWN'S LONG RANGE PLAN TO SUPPORT PEDESTRIAN CONNECTIVITY, UM, IN THIS AREA AS WELL AS THE BROADER COMMUNITY.
SO, UH, THE WHAT IS REFERENCED IS GENERALLY THIS AREA I HAVE, UM, HIGHLIGHTED IN GREEN THAT WOULD THEN, UM, REQUIRE TO ADD AN ADDITIONAL 15 FEET OF GREEN SPACE GENERALLY IN THIS AREA.
UH, ONCE AGAIN EXCLUSIVE OF ANY DRY AISLES.
SO THIS IS JUST SOME EXISTING SITE CONDITIONS.
SO THIS IS, THE LEFT PHOTO IS FROM THE SOUTHERN CORNER OF THE SUBJECT PROPERTY FACING NORTH.
AND THE PHOTO ON THE, THE RIGHT IS THE NORTH, UH, NORTHEAST CORNER OF THE SUBJECT PROPERTY FACING SOUTH.
UH, SO YOU CAN SEE THE EXISTING FIVE FOOT BUFFER ALONG IN WOOD ROAD.
UM, SO I JUST WANNA TOUCH A LITTLE BIT ABOUT WHY THIS PARTICULAR STANDARD IS SUPPORTED BY THE TOWN'S LONG RANGE PLANS AND DOES, UH, SUPPORT THE TOWN AND ITS CITIZENS.
SO, UH, IN 2017, THE TOWN, UH, ADOPTED THE INWOOD ENHANCEMENT ZONE.
THIS IS A SPECIAL AREA STUDY THAT SPECIFICALLY ADDRESSED THE INWOOD CORRIDOR.
AND THEN OVER TO BELTWAY DRIVE, YOU SEE THE, UM, STUDY AREA HIGHLIGHTED IN YELLOW HERE.
SO SOME OF THIS, UM, IT WAS A VERY LONG PLAN AND SOME OF THIS WAS, UH, OR ALL THIS WAS PULLED DIRECTLY FROM THE PLAN, UH, PRIMARY OR TALKING ABOUT PEDESTRIAN ACCESSIBILITY IN THIS AREA SPECIFICALLY.
UH, SO IN THE DISCOVERY PHASE OF THE PLAN, WHICH WAS, UH, AN ASSESSMENT OF CURRENT CONDITIONS, IT DID IDENTIFY THAT, UH, PEDESTRIAN ACCESS WAS EXTREMELY LIMITED IN THIS AREA AND IN MOST CASES NON-EXISTENT.
UH, SOME OF THE CHALLENGES WHERE THE ONLY SIDEWALKS THAT DID EXIST WERE ON, UH, BELTLINE ROAD AT THE VERY NORTHERNMOST LIMIT OF THE SUBJECT AREA.
UH, AND THEY WERE ALSO VERY SMALL AND AT THE BACK OF CURB AND NOT INVITING TO PEDESTRIANS.
AND THEN THE PLANNED GOALS, UH, YOU'LL SEE THAT, UM, IMPLEMENTATION OF THIS STANDARD IN THIS PARTICULAR INSTANCE DOES SUPPORT MANY OF THE GOALS WITHIN THE PLAN.
UM, I WILL ALSO ADD THAT WE DID, SINCE THIS WAS ADOPTED IN 2017, WE HAVE HAD ONE PROPERTY ON THIS CORRIDOR THAT HAS REDEVELOPED AND THAT IS THE FISH GALLERY PROPERTY THAT IS, UM, CLOSER TO BELTLINE.
AND THEY DID COME INTO APPLIANCE WITH THIS STANDARD AND DID IMPLEMENT THE BUFFER AS WELL AS THE LANDSCAPE, OR EXCUSE ME, THE LANDSCAPE BUFFER AS WELL AS THE SIDEWALK.
UM, MOVING ON TO OTHER, UM, TOWN PLANS THAT SUPPORT THIS IMPLEMENTATION IS THE CITYWIDE MASTER TRAIL, OR EXCUSE ME, CITYWIDE TRAILS MASTER PLAN.
SO, UM, THIS AREA ON INWOOD AND QUORUM IS, UH, HERE AND IT'S BLOWN UP ON THE IMAGE TO YOUR LEFT.
UH, SO THIS AREA DOES CALL FOR A REGIONAL TRAIL.
UM, AND SO THAT WOULD REQUIRE, UM, COLLABORATION BETWEEN THE TOWN AS WELL AS PRIVATE DEVELOPERS.
AND THIS DOES HAVE AN OPPORTUNITY TO CONNECT INTO A REGIONAL TRAIL THAT FARMERS' BRANCH CURRENTLY HAS DESIGNS FOR.
UM, AND THAT WOULD ACTUALLY HEAD SOUTH, YOU SEE THAT ARROW, UM, POINTING TOWARDS THE SOUTH ON INWOOD ROAD.
UH, SO THIS FURTHER ALLOWS US TO BEGIN INCREMENTALLY IMPLEMENTING THESE, UH, TRAIL PROJECTS THROUGHOUT THIS CORRIDOR.
UM, BECAUSE THIS CORRIDOR IS BUILT OUT, WE DON'T HAVE A LOT OF OPPORTUNITY TO IMPLEMENT THESE TYPE OF PLANS EXCEPT DURING REDEVELOPMENT SCENARIO.
AND THEN THE LAST ITEM I'LL JUST QUICKLY ADDRESS ON THIS PARTICULAR ITEM IS THE QUORUM DRIVE RECONSTRUCTION AND PLACEMAKING PROJECT.
UM, SO VIA BOND ELECTION IN 2019,
[00:20:01]
THE VOTERS APPROVED APPROXIMATELY $24 MILLION PROJECT FOR THE QUORUM DRIVE RECONSTRUCTION.UM, THIS DID IMPROVE A COMPLETE, UH, RECONSTRUCTION OF QUORUM DRIVE AS WELL AS PEDESTRIAN AND OTHER CONNECTIVITY IMPROVEMENTS IN THIS AREA.
UM, AND THERE'S ALSO ADDITIONAL FUNDING, UH, TO IMPLEMENT PLACEMAKING EFFORTS FROM THE PARKS OPEN, EXCUSE ME, PARKS, RECREATION AND OPEN SPACE MASTER PLAN.
AND, UM, THAT IS CURRENTLY, UM, BEEN FUNDED AND UH, IS IN DESIGN PHASE.
SO THAT'S SOMETHING THAT WILL BE IMPLEMENTED.
UH, AND SO SOME OF AND ALL, I HAVE A PLAN ON THE NEXT COUPLE SLIDES, BUT THIS INCLUDES, UM, SOME PEDESTRIAN IMPROVEMENTS TO MAKE IT MORE, UM, PEDESTRIAN FRIENDLY, LIKE REMOVING THE EXISTING TRAFFIC CIRCLE, UM, AND TURNING THAT INTO A MORE STANDARD INTERSECTION AS WELL AS OTHER, UM, OPEN SPACES WITHIN THIS CORRIDOR.
UH, FUTURE PHASES OF THIS PARTICULAR PROJECT DO SHOW PEDESTRIAN CONNECTIVITY OVER TO THE SUBJECT PROPERTY.
UM, SO WE ALREADY HAVE PLANS TO CONNECT INTO THE SUBJECT PROPERTY.
THIS WOULD ALLOW US TO CONTINUE THESE EFFORTS.
UH, SO THIS IS THE, UM, PROPOSED, UH, PLAN FOR THE QUORUM DRIVE RECONSTRUCTION.
SO YOU SEE ON THE FAR LEFT, EXCUSE ME, BELT LINE IS RIGHT HERE.
MY RIGHT, IT'S UH, TURNED NORTH IS TO THE RIGHT.
UM, AND THE SUBJECT PROPERTY WOULD BE A STRAIGHT, UM, ON OFF THE TOP CORNER OF, UH, THE, THE IMAGE ON THE LEFT HAND SIDE.
AND THIS IS JUST THE EXISTING CONDITION.
SO YOU SEE, UM, HAVING OPPORTUNITY FOR OPEN SPACE DESTINATIONS FOR THE SUBJECT PROPERTY, UH, ARE BEING PLANNED IN THIS AREA.
ALRIGHT, MOVING ON TO LETTER C.
THIS IS THE LANDSCAPE BUFFER TREE REQUIREMENT, UH, WITHIN THAT 20 FOOT BUFFER THAT WE JUST DISCUSSED.
SO, UH, THE APPLICANT HAS PROVIDED THAT OVERHEAD POWER LINES EXIST ON INWOOD ROAD, UH, WHICH, UM, IS ACCURATE.
UM, AND THEY'RE ASKING TO, IN LIEU OF PLANTING SHADE TREES THAT THEY, UM, PLANT VARIOUS SHRUBS WITH A FOUR FOOT, UH, SCREEN TO PROVIDE A VISUAL BUFFER ALONG THE INWOOD ROAD FRONTAGE.
UM, SO STAFF, UH, DOES, UH, AGREE THAT THERE ARE POWER LINES IN THIS AREA AND THAT DOES POSE A CHALLENGE.
HOWEVER, UM, THE REMAINDER OF THE SECTION THAT WAS REFERENCED, WHICH IS SECTION 34 DASH 2 0 7 H, UM, SUGGESTS SWAPPING OUT SHADE TREES FOR ORNAMENTAL TREES, WHICH CURRENTLY EXIST.
SO THAT WAS, WOULD BE A STAFF'S RECOMMENDATION IF THAT DID, UM, POSE A, UM, A CONFLICT.
HOWEVER, STAFF IS ALSO OF THE OPINION THAT IF THE 20 FOOT LANDSCAPE BUFFER WAS IMPLEMENTED, TREES WOULD BE ABLE TO BE PLANTED BEHIND THE POWER LINES THAT CURRENTLY EXIST.
AND HERE ARE SOME PHOTOS TO SHOW, UH, THE POWER LINES ABOVE.
AND THIS, UH, TREE THAT I HAVE CIRCLED, UM, IS AN EXISTING ORNAMENTAL TREE THAT COULD BE IMPLEMENTED WITHOUT THE 20 FOOT BUFFER IF THE BOARD SO CHOOSES TO GRANT RELIEF FROM THEM.
UH, MOVING ON TO LETTER D, THIS IS THE PARKING LOT PERIMETER LANDSCAPE STRIP.
UM, THE APPLICANT IS REQUESTING THAT THEY NOT COMPLY WITH THIS PARTICULAR STANDARD.
UM, THE AREA IN REFERENCE IS, UH, WHAT YOU SEE HERE IN GREEN.
THIS IS THE ONLY AREA, UM, THAT WOULD APPLY FOR THIS PARTICULAR STANDARD AND THEY'RE ASKING FOR RELIEF FOR THAT.
UM, IF THEY WERE TO COME INTO COMPLIANCE THAT WOULD, UM, ELIMINATE THE 21 PARKING SPACES, IT IS POSSIBLE THAT THEY COULD, UH, REPLACE THAT WITH, UM, PARALLEL PARKING SPACES.
HOWEVER, THEY WOULD NOT BE ABLE TO KEEP THE CURRENT PARKING CONFIGURATION 'CAUSE IT WOULD IMPEDE THE FIRE LANE WHICH CURRENTLY EXISTS, WHICH IS ALSO REQUIRED.
SO, UM, IT STAFF'S OPINION THAT THIS FIVE FOOT BUFFER LANE WOULD LIKELY NOT TO CONTRIBUTE A SIGNIFICANT BENEFIT TO THE BROADER COMMUNITY.
UM, HOWEVER, ONCE AGAIN I MENTIONED THIS EARLIER, ONE OF THE INTENTS OF THIS STANDARD IS THAT IT PREVENTS HEADLIGHT GLARE ON ADJACENT PROPERTIES.
UM, SO THERE IS SOME BENEFIT, BUT POTENTIALLY NOT TO THE BROADER, UH, TOWN AND ITS CITIZENS.
UM, THE LETTER E THE NEXT ITEM IS AUTOMATIC IRRIGATION.
THE APPLICANT IS REQUESTING THAT, UM, THE EXISTING IRRIGATION AREAS THAT EXIST TODAY ON SITE BE, UH, EITHER RESTORED OR MAINTAINED AS IS, AND THAT ANY NEW AREAS NOT BE ADDED IRRIGATION NOT BE ADDED TO THOSE, UM, AS IT IS COST PROHIBITIVE.
AND IN, IN LIEU OF THAT, ARE PROPOSING TO INTRODUCE NATIVE AND ZERO ESCAPING PLANTS, UM, THAT MAY NOT REQUIRE IRRIGATION.
UM, SO STAFF'S, UM, OPINION OF THAT IS THAT NATIVE AND ZERO ESCAPING PLANTS
[00:25:01]
STILL REQUIRE WATER, ESPECIALLY AN INITIAL INSTALLATION TO GET THEM ESTABLISHED.UM, THEY ARE MORE DROUGHT TOLERANT AND DON'T REQUIRE AS MUCH WATER, BUT THEY WILL STILL NEED TO BE WATERED.
UM, ADDITIONALLY DURING OUR LONG SUMMERS THAT WE FREQUENTLY DON'T HAVE AS MUCH PRECIPITATION, UM, WE LIKELY WOULD LOSE A LOT OF THAT PLANT MATERIAL AND IT WOULD THEN IN TURN BECOME A CODE COMPLIANCE ISSUE, POTENTIALLY FURTHER DRAINING, UM, TOWN RESOURCES TO TRY TO ADDRESS THOSE CODE ISSUES.
UM, LETTER F UH, IS REPLACEMENT TREES.
SO THIS WAS THE STANDARD, UH, REGARDING A ONE-TO-ONE REPLACEMENT.
THERE ARE SIX DECLINING SHADE TREES ON SITE.
UM, THEY TOTAL JUST UNDER 80 CALIPER INCHES.
SO THERE'S A COUPLE OF THESE THAT ARE, UH, 20, I THINK 22, AND I THINK ONE IS, UH, 24 CALIPER INCHES.
THERE'S A COUPLE THAT ARE SMALLER.
UM, I STAFF, UM, DOES UNDERSTAND THAT REPLACING TREES OF THAT CA OF THAT SIZE IS VERY CHALLENGING LOGISTICALLY FROM A COST PERSPECTIVE, UM, GETTING THEM TRANSPORTED TO THE SITE AND IN MOST CASES ARE NOT ABLE TO BE ESTABLISHED SUCCESSFULLY AND SURVIVE.
UM, SO STAFF DOES UNDERSTAND THAT THAT IS A SIGNIFICANT CONSTRAINT AND MANY OF THOSE SITUATIONS EXISTED PRIOR TO THEIR, UM, OWNERSHIP OF THE SITE.
AND SO, UM, STAFF DOES UNDERSTAND THAT THIS, THIS STANDARD WOULD BE EXTREMELY CHALLENGING, UH, FOR THE, THE PROPERTY OWNER TO COMPLY WITH.
AND THEN THE LAST ITEM, LETTER G.
UM, THIS IS THE LANDSCAPE REQUIREMENT WITHIN THE PARKING AREAS.
EVERY 10 SPACES REQUIRES A LANDSCAPE ISLAND.
UH, SO THIS REQUIREMENT IS SPECIFIC TO THE BELTLINE DISTRICT AS THE APPLICANT HAS STATED.
UM, STAFF DOES AGREE WITH THAT THIS PROP SUBJECT PROPERTY IS NOT ZONED WITHIN THE BELTLINE ZONING DISTRICT AND THIS STANDARD DOES NOT APPLY.
UM, AND SO IT DOESN'T HAVE TO APPLY ON THE PROPERTY AND WE'RE NOT, UM, ENFORCING THAT.
SO ONCE AGAIN, JUST THIS IS THE SPECIAL EXCEPTION, EXCUSE ME, SPECIAL EXCEPTION CRITERIA, WHICH SAYS, UM, IF THERE IS A FINANCIAL HARDSHIP OR INEQUITY, UM, THAT MAY BE WARRANTED FOR A SPECIAL EXCEPTION AS SO LONG AS IT DOES NOT, UH, PROVIDE SUFFICIENT CORRESPONDING BENEFIT TO THE TOWN OR ITS CITIZENS.
UH, THIS, UH, REQUEST WAS NOTICED THERE WAS 12 RECIPIENTS, UH, TO THIS REQUEST, WHICH IS WHEN 200 FEET OF THE SITE WITHIN ADDISON.
SO, UM, PROPERTIES OUTSIDE OF ADDISON IN FARMER'S BRANCH DO NOT GET NOTICED JUST FOR REFERENCE.
UM, AND WE DID NOT RECEIVE ANY RESPONSES ON THE REQUEST.
UH, SO IN CONCLUSION, UM, STAFF RECOMMENDS RELIEF FROM THE FOLLOWING ITEMS. SO, UM, THE, I GUESS TWO THAT WE'RE, UH, STAFF IS CURRENTLY SUPPORTIVE OF IS THE PARKING LOT PERIMETER FENCE, WHICH IS THE FIVE FOOT STRIP ALONG THE NORTH PROPERTY LINE.
UM, AND THEN THE REPLACEMENT TREES THAT ARE A SIGNIFICANT SIZE.
UM, THERE ARE THE OTHER ITEMS REGARDING THE SHADE, PROXIMITY, THE LA THE 20 FOOT LANDSCAPE BUFFER ALONG INWOOD ROAD AND THE CORRESPONDING LANDSCAPING WITHIN THAT BUFFER.
UM, AS WELL AS THE AUTOMATIC IRRIGATION, UH, STAFF IS, UH, RECOMMENDING DENIAL FOR THOSE ITEMS. AND THEN THE LAST ITEM, LETTER G, UH, RELATED TO THE BELTLINE ZONING DISTRICT IS NOT APPLICABLE.
UM, AND WE, UH, ARE IN AGREEANCE WITH THAT.
SO I'LL TELL, I'M HAPPY TO TAKE ANY QUESTIONS IF THE CHAIR WOULD LIKE TO OR WE CAN PREPARE THE APPLICANT'S PRESENTATION.
DOES ANYBODY HAVE ANY QUESTIONS FOR LESLIE? UH, YES, I HAVE A COUPLE QUESTIONS.
UM, OR SHOULD WE WAIT UNTIL THE APPLICANT GIVES THEIR PRESENTATION? I, I'LL DEFER TO THE CHAIR HOW THEY, UH, WE CAN, WHATEVER YOU PREFER.
I THINK WE'LL ALL, OKAY, WE'LL DO THAT AND THEN, THEN WE'LL, UH, AND I'LL ASK THE APPLICANT WHETHER SHE WANTS TO TAKE QUESTIONS DURING HER PRESENTATION, DURING THE PRESENTATIONS OR, UH, OR WAIT UNTIL THE PRESENTATIONS ARE DONE.
DOES THAT MAKE SENSE? ALRIGHTY.
AND NOW WE'LL ASK THE APPLICANT TO COME FORWARD AND MAKE THEIR PRESENTATION OR PRESENTATIONS.
MY NAME IS TOMMY MANN, 500 WINSTEAD BUILDING.
EXCUSE ME, TOMMY, I NEED TO SWEAR YOU IN.
OH, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
SO TOMMY MANN 500 WINSTEAD BUILDING, REPRESENTING WEAR SPACE.
UM, WE HAVE OTHER FOLKS ON THE TEAM HERE TONIGHT.
I'M HAPPY TO BE INTERRUPTED AND ASKED QUESTIONS AS I GO.
UM, BUT I, THE FIRST FEW SLIDES HERE ARE JUST INTENDED TO EXPLAIN TO YOU WHAT, WHERE SPACE IS.
UM, AND THEN WE'LL GET INTO THE, YOU KNOW, NUTS AND BOLTS OF THE REQUEST WE'VE MADE AND WHY WE'VE MADE IT.
SO WHAT, WHERE ASPACE DOES FUNDAMENTALLY
[00:30:01]
IS IDENTIFY PROPERTIES LIKE THIS ONE, RIGHT? A BIG WAREHOUSE THAT WAS BUILT IN THE SEVENTIES THAT IS OBSOLETE FOR MODERN LARGE SCALE INDUSTRIAL USERS, UH, FOR A LOT OF DIFFERENT REASONS.IT WASN'T FOR TUESDAY MORNING WHEN IT WAS BUILT IN THE SEVENTIES, BUT IT DOESN'T WORK FOR THEM NOW.
AND THEY FIND A WAY TO REPURPOSE THESE BUILDINGS, PUT THEM BACK INTO FUNCTION.
AND I'LL EXPLAIN HOW THEY DO THAT.
UM, THEY'LL TAKE THE EXISTING WAREHOUSE BUILDING AND INSTEAD OF TRYING TO CUSTOMIZE IT FOR ONE BIG USER WHO HAS PRODUCT INVENTORY AND ALL THOSE SORTS OF THINGS, THEY WILL DIVIDE IT UP INTO MULTIPLE SUITES OR SPACES FOR DIFFERENT TENANTS.
AND IT'S, THESE ARE ACTUAL TENANTS.
EACH ONE OF 'EM WILL SIGN A LEASE WITH THE COMPANY.
UH, AND THEY WILL TAKE A SMALLER SECTION OF THE WAREHOUSE.
UH, AND THESE, THESE ARE SMALL BUSINESSES, RIGHT? UM, THERE'LL BE A LOT MORE PEOPLE IN HERE THAN YOU WOULD IN A NORMAL WAREHOUSE 'CAUSE YOU MAY HAVE 20 OR 30 TENANTS AS OPPOSED TO ONE.
UH, AND IT'S REALLY A SPACE FOR THEM TO CREATE THEIR INVENTORY, STORE THEIR INVENTORY, GET IT OUT, BUT ALSO WORK AND COLLABORATE.
SO THEY'LL CREATE KITCHENS AND LOUNGES AND SPACES THAT ARE KIND OF CLOSER TO WHAT YOU WOULD EXPECT TO SEE IN AN OFFICE BUILDING, RIGHT? AS OPPOSED TO JUST THE COLD WAREHOUSE WITH INVENTORY STACKED TO THE TOP.
UM, AND THEY'LL CREATE CONFERENCE AND MEETING AREAS FOR THESE DIFFERENT BUSINESSES TO HAVE THEIR MEETINGS AND QUARTERLY PLANNING AND ALL THE SORTS OF THINGS THAT YOU DO.
I MEAN, THIS IS REALLY THE HOME OF THESE SMALL BUSINESSES, KIND OF A MINIATURE HEADQUARTERS IF YOU WILL.
THIS IS KIND OF WHAT A CORRIDOR LOOKS LIKE WHEN THEY CHOP IT UP.
AND EVERYBODY HAS THEIR OWN DELINEATED SPACE, UH, WHERE THEY CAN, UH, LOCATE WHAT THEY NEED FOR THEIR BUSINESS.
'CAUSE YOU'RE PROBABLY LIKE, OKAY, WHO RINSE THESE THINGS, RIGHT? SO THEY'VE GOT 20 OF THESE SO FAR EITHER FULLY DEVELOPED OR UNDERDEVELOPMENT ACROSS THE COUNTRY.
WE HAVE THIS ONE COMING, THERE'S THREE MORE IN NORTH TEXAS, ONE THAT'S COMPLETE IN NORTH RICHLAND HILLS, AND THEN SITE IN PLANO AND FORT WORTH.
SO THESE ARE ACTUAL TENANTS THAT, THAT HAVE RENTED SPACES FROM WEAR SPACE.
UM, THIS IS AN E-COMMERCE VINYL RECORD SALES COMPANY WHERE, YOU KNOW, THEY HAVE A LITTLE OFFICE SET UP, THEY TAKE THEIR ORDERS, THEY PACKAGE EVERYTHING AND THEY SHIP IT OUT.
NOW, ONE THING WHEN YOU SHIP OUT OF LIKE THIS VERSUS A BIG WAREHOUSE, THEY'RE VERY, VERY RARELY GONNA BE USING A BIG 18 WHEELER, RIGHT? THESE ARE MORE LIKELY TO BE BOX TRUCKS OR SMALLER VEHICLES 'CAUSE THEY'RE JUST NOT SIMPLY NOT HAULING AS MUCH MERCHANDISE AS WOULD'VE BEEN, WOULDN'T HAVE BEEN HAULED OUT.
UM, A VENDING MACHINE MANAGEMENT COMPANY.
SO THEY'RE IN THERE TAKING ORDERS, MONITORING THEIR SUPPLY, TAKING IT OUT.
THESE ARE JUST SMALL BUSINESSES.
NOW, ONE OF THE ADVANTAGES YOU GET IF YOU TAKE SORT OF A STRUGGLING SITE OR AREA OF A TOWN LIKE THIS AND YOU MAKE THIS TRANSITION, IT BRINGS A LITTLE VITALITY TO IT.
RIGHT NOW WE HAVE SMALL BUSINESSES, WE HAVE MORE WORKERS, WE HAVE PEOPLE WHO ARE IN HERE, BUT THEY'RE ALSO POPPING OUT TO GO HAVE LUNCH SOMEWHERE.
UM, YOU KNOW, WALKING AROUND THE NEIGHBORHOOD, NOT JUST DRIVING A TRUCK IN AND DRIVING A TRUCK OUT AT, YOU KNOW, BEFORE DAWN AND AFTER DARK.
IT'S, IT'S DEFINITELY, WHILE IT'S STILL A WAREHOUSE USE THAT'S ALLOWED BY THIS INDUSTRIAL ZONING OF THE PROPERTY, IT HAS SOME MEANINGFULLY DIFFERENT OPERATIONAL CHARACTERISTICS.
SO HOPEFULLY THAT HELPS YOU UNDERSTAND A LITTLE BIT ABOUT MORE ABOUT WHAT THEY DO.
OKAY, SO AS I EXPLAINED THIS SITE THAT THE ANALOGY I WANT TO GET IN YOUR HEAD IS, IMAGINE YOU'VE GOT A TANK WITH THREE LEAKS AND YOU HAVE TWO PLUGS.
WE, WE CAN ONLY PLUG TWO OF THE LEAKS AND IF WE PULL ONE OUT, WE CREATE ANOTHER CODE DEFICIENCY.
SO THE OVERALL APPROACH THAT WE HAD HERE, AS I EXPLAINED IT WAS, OKAY, HOW DO WE MAKE THE SITE MEANINGFULLY BETTER THAN IT IS TODAY AND MOVE AS CLOSE AS WE CAN TO COMPLIANCE? AND WHICH THINGS DO WE PRIORITIZE COMPLYING WITH? I'LL SAY WITH ONE EXCEPTION, WE COULD COMPLY WITH EVERY SINGLE DIFFERENCE WE HAVE WITH STAFF.
IT'S JUST THAT IN SO DOING, WE WOULD CREATE A DIFFERENT LACK OF COMPLIANCE ON A DIFFERENT CODE PROVISION.
SO THAT'S KIND OF THE DANCE WE'RE DOING AND THE STRUGGLE WE'RE HAVING.
UH, AND THEN I'LL TRY TO KIND OF TEASE THAT OUT FOR YOU IN A LITTLE MORE DETAIL.
BUT THE SITE TODAY IS OBVIOUSLY A LOT OF CONCRETE.
UM, THERE'S 21 SHADE TREES OUT THERE NOW.
IT'S ZONED DIFFERENTLY AND IT'S USED DIFFERENTLY IN THE FRONT PART IS ZONED RETAIL AND YOU HAVE TWO KIND OF FREE STANDING INLINE RETAIL BUILDINGS THERE.
AND THEN OBVIOUSLY THE WAREHOUSE W SPACE'S CORE BUSINESS IS FOCUSED OBVIOUSLY ON THE WAREHOUSE PORTION.
THEY AREN'T PLANNING TO REDEVELOP THE RETAIL.
THEY'VE HAD INTEREST FROM ACTUAL RETAIL DEVELOPERS, UM, THAT WANT TO TAKE THOSE SITES.
UH, SO THAT'S WHAT THEY'RE DEALING WITH.
NOW ON THE GROUND, THIS IS HELPFUL AS WE WALK THROUGH WHAT WE'RE PROPOSING, PARTICULARLY THE STREETSCAPE.
[00:35:01]
I MEAN, THIS IS WHAT'S OUT THERE NOW.AND YOU CAN SEE THESE ARE NOT, IT'S NOT JUST A ONE OR TWO LINE LITTLE LOCAL ENCORE LINE.
THESE ARE PRETTY SUBSTANTIAL CONCRETE.
OUR STEEL PULLED LARGE, UH, POWER LINES AND YOUR, YOUR CURB TO PARKING LOT DIMENSION IS JUST, IT IS WHAT IT IS.
IT WAS CREATED UNDER THE CODE THAT APPLIED IN 1970.
AND UNFORTUNATELY THE BUILDINGS ARE WHERE THEY ARE.
AND I'LL EXPLAIN THE CHALLENGE THAT THOSE DIMENSIONS PRESENT.
WE, WE HAVE NOTHING AGAINST SIDEWALKS.
WE AGREE SIDEWALKS ARE GREAT, IT'S JUST WHERE DO WE PUT 'EM WITHOUT HARMING SOME OTHER ASPECT OF THE PLAN.
AND THAT'S THE STRUGGLE WE'RE HAVING.
SO YOU CAN SEE THE POLES, YOU CAN SEE HOW THE PARKING GOES RIGHT UP TO THE CURB TODAY.
UH, WHICH IS IMPORTANT TO KEEP IN MIND WHEN I WALK YOU THROUGH THIS.
SO I'LL SPEND MOST OF MY TIME ON THIS SLIDE HERE.
SO YOU ALL HAVE GOTTA BALANCE SUBSTANTIAL FINANCIAL HARDSHIP TO US, WHATEVER THAT MEANS, VERSUS THE PUBLIC INTEREST AND BENEFIT FROM THE CHOICES WE'RE MAKING AND HOW TO DESIGN THIS SITE.
SO START WITH WHY WE'RE EVEN HERE.
IRONICALLY, WE'RE HERE BECAUSE WE'RE SPENDING MORE THAN $10,000 ON THE EXTERIOR OF THE BUILDING.
IF WE WEREN'T, WE COULD LEAVE EVERYTHING AS NON-CONFORMING AS IT IS UNDER THE CODE.
SO IT'S KIND OF A PERVERSE INCENTIVE TO NOT FIX UP THE EXTERIOR OF AN OLD BUILDING.
UH, BUT WE NEED TO, AND YOU'LL SEE SOME RENDERINGS TO MAKE IT LOOK A LOT BETTER.
BUT BECAUSE WE'RE DOING THAT NOW, WE'D TRIGGER HOW DO WE COME INTO COMPLIANCE WITH ALL THESE LANDSCAPING REGULATIONS.
UM, SO WHAT WE'VE HIGHLIGHTED HERE AT GREEN, I'LL EXPLAIN IN RED.
SO BASICALLY THERE'S SIX EXCEPTIONS HERE.
THE SEVENTH, AS LESLIE'S EXPLAINED, THEY'VE DETERMINED WE DON'T ACTUALLY NEED.
THE TWO THAT WE'RE IN AGREEMENT ON THE PARKING LOT LANDSCAPE STRIP THAT WOULD GO UP HERE CREATES A FIRE LANE ISSUE.
IT DOESN'T REALLY HAVE ANY BENEFIT.
THE REPLACEMENT TREES, THE ISSUE THERE IS JUST SIMPLY THE TREES THAT ARE OUT THERE ARE BAD.
WE COULDN'T EVEN GO BY A 20 INCH TREE FROM THE NURSERY.
SO WE'RE PUTTING BACK IN MORE INCHES THAN WE HAVE TO TAKE OUT.
IT'S JUST THE TREES THAT WE PUT IN HAVE TO BE SMALLER TO START WITH IN ORDER TO GET THERE.
I THINK THOSE TWO ARE, ARE FAIRLY EASY TO UNDERSTAND.
UM, THE NEXT KIND OF MOST SIMPLE ONE I'LL SAY IS THE PROXIMITY OF THE PARKING SPACES TO A SHADE TREE.
SO LESLIE SHOWED THAT DIAGRAM.
AND THEN WHAT WE'VE DONE HERE WHERE YOU SEE THESE IS WHERE WE COULD ADD SIMILAR ISLANDS WITH TREES TO MEET THAT REQUIREMENT.
THE PROBLEM IS OUR REQUIRED PARKING AS WE HAVE THIS LAID OUT, IS 269 SPACES.
WE HAVE EXACTLY THAT MANY PARKING SPACES.
SO THE APPROACH WE TOOK TO THIS FOR BETTER OR WORSE WAS HOW MUCH LANDSCAPING CAN WE ADD WITHOUT CREATING A CODE PARKING DEFICIENCY.
SO IF I GO ADD THESE, I CAN DO IT, BUT NOW I NEED A PARKING EXCEPTION FROM YOU.
RIGHT? SO THAT'S BACK TO MY ANALOGY, I PLUGGED THAT HOLE, BUT I CREATED ANOTHER ONE.
AND THAT'S SORT OF THE DANCE THAT WE'RE TRYING TO DO.
SO WE TRIED TO APPROACH THIS FROM, OKAY, THERE'S NOTHING OUT THERE NOW.
SO WE DO THIS, IT'S MUCH BETTER THAN IT IS TODAY.
IT'S NOT FULLY COMPLIANT, BUT WE DON'T HAVE TO ALSO ASK FOR A PARKING EXCEPTION.
THE IRRIGATION PIECE OF THIS, WE'RE NOT PROPOSING TO NOT WATER THESE PLANTINGS.
WE'RE JUST PROPOSING TO NOT DO IT WITH AUTOMATIC IRRIGATION.
THE REASON IS THIS IS A HUGE SITE WITH A SEA OF CONCRETE.
AND TO GO OUT THERE AND DEMO ALL THAT CONCRETE AND TRENCH FOR LITTLE IRRIGATION LINES TO GET OUT TO THESE SPACES IS A PRETTY ENORMOUS EXPENSE AND EFFORT FOR A RELATIVELY MINIMAL BENEFIT WHEN IT IS STILL OUR REQUIREMENT UNDER THE CODE TO KEEP OUR LANDSCAPING ALIVE.
SO WE WILL HAVE TO MANUALLY MAINTAIN THE LANDSCAPING, WHICH WE'RE WOULD DO.
AND IF WE DIDN'T AND IT FELL OUT OF COMPLIANCE AS THE STAFF REPORTS NOTES, WE WE COULD BE CITED, WE COULD BE FORCED TO GO IN, REPLACE IT OR THOSE SORTS OF THINGS.
THAT ONE'S JUST SORT OF PRACTICALITY IS THE COST OF TEARING UP ALL THAT CONCRETE AND TRENCHING ON A BIG SITE LIKE THIS FOR LITTLE IRRIGATION LINES.
WE AGREE WE NEED TO MAINTAIN THE LANDSCAPING.
OKAY, EVERYTHING ELSE SORT OF CENTERS ON THIS FRONTAGE, RIGHT? IT'S THE LANDSCAPE BUFFER AND CAN YOU PUT THE TREES IN THERE AND THAT SORT OF THING.
SO FOR STARTERS TO GET THE AMOUNT OF GREEN SPACE WE'VE GOTTEN IN AN EFFORT TO BE RESPONSIVE TO THE CONCERNS AND MAKE THE SITE BETTER.
WE'RE ALREADY PROPOSING TO TEAR DOWN A $4 MILLION BUILDING, WHICH WE THINK IS A PRETTY SIGNIFICANT FINANCIAL HARDSHIP IN AND OF ITSELF TO GET THE GREEN SPACE THAT WE'VE ADDED.
[00:40:01]
BUT IF YOU FOCUS ON THIS SIDE AND THE LANDSCAPE BUFFER, WHICH IS THIS RED AREA WOULD BE 20 FEET WITH SHADE TREES IN IT, WE COULD DO IT HERE.IT'LL TAKE AGAIN THE WHOLE SITE UNDER CODE PARKING.
WE CAN'T LOSE A SINGLE PARKING SPACE.
WE TOOK IT RIGHT TO THE MAX, BUT DOWN HERE WE COULD DO IT BECAUSE WE'RE LOSING THIS BUILDING ANYWAY.
SO THIS PARKING ISN'T REALLY CRITICAL 'CAUSE THE BUILDING'S NOT GOING TO BE THERE ANYMORE.
IT'S REALLY BECOMING PARKING THAT SATISFIES THE CODE FOR THE OTHER BUILDINGS.
IF YOU LOOK UP HERE, THE FIRST POINT IS STILL TRUE.
IF WE ADDED IT AND LOST THE PARKING, WE WOULD BE OUT OF COMPLIANCE WITH THE PARKING.
CAN'T LOSE A SINGLE PARKING SPACE UP HERE.
'CAUSE IF WE TAKE THIS OUT, THIS RETAIL BUILDING FROM A LEASE ABILITY FUNCTIONALITY PERSPECTIVE BECOMES EXTREMELY UNAPPEALING.
IF YOU'RE COMING IN HERE TO GO TO THE DRY CLEANER, GET A CUP OF COFFEE OR WHATEVER, YOU'RE GONNA PARK IN FRONT, YOU'RE GONNA WALK IN LIKE EVERY RETAIL CENTER YOU'VE EVER BEEN TO.
YOU'RE NOT GONNA PULL AROUND BACK HERE.
TENANTS AREN'T GONNA BE INTERESTED IN LEASING A SPACE THAT DOESN'T HAVE PARK ENOUGH PARKING OUT IN FRONT OF IT.
SO IF WE DID THAT, THE CONCERN IS THAT THIS DOESN'T BECOME A VIABLE RETAIL BUILDING AND IT EITHER JUST SITS THERE AND LINGERS OR MAYBE IT EVENTUALLY COMES DOWN, RIGHT? SO THAT'S, THOSE ARE THE CHALLENGES WE'RE DEALING WITH.
AT THE END OF THE DAY, WE'RE ADDING 75 EVERGREEN SHRUBS, 21 SHADE TREES AND ANOTHER 22,000 SQUARE FEET OF LANDSCAPED OPEN SPACE TO THE SITE.
WHEN YOU COMPARE THAT RIGHT TO WHAT IT IS TODAY, IT'S MEANINGFULLY IMPROVED, RIGHT? WE THINK, UH, IT'S MUCH BETTER THAN IT IS WITHOUT THESE IMPROVEMENTS, BUT WE'VE KIND OF GOTTA WRESTLE BETWEEN THE PERFECT AND THE GOOD HERE.
AND SO THAT'S THE APPROACH WE'VE TAKEN FOR BETTER OR WORSE, WHICH IS LIMIT OUR EXCEPTIONS TO LANDSCAPING.
ONLY BECAUSE IF I MAKE ANY FURTHER CHANGES TO THE LANDSCAPING, I NOW HAVE A WHOLE NEW SET OF VARIANCES RELATED TO PARKING, UH, AND TRY TO GET TO THIS POINT.
I I MEAN, IF THIS BUILDING WASN'T HERE, YOU COULD MAYBE HAVE THE DIMENSION TO GET A SIDEWALK IN.
I, I DON'T KNOW HOW TO DEAL WITH IT.
UM, WITHOUT LOSING THE VIABILITY OF THIS BUILDING OTHER THAN TO TELL YOU A COUPLE OF THINGS.
I THINK THERE'S A LANDSCAPE MEDIAN OUT HERE NOW.
SO THERE IS ENOUGH RIGHT OF WAY IF THE STREET IS REDONE TO GET RID OF THE LANDSCAPE MEDIAN AND ADD SIDEWALKS.
AND THE OTHER THING THAT THAT COMES TO MIND, UM, WITH THIS IS WE'RE NOT TOUCHING THIS BUILDING TODAY.
WHEN THE RETAIL USER COMES IN, THEY'RE PROBABLY GONNA SPEND MORE THAN $10,000 ON THE EXTERIOR OF IT
AND THEY'RE GONNA BE RIGHT BACK.
AND AT THE POINT WHEN THIS PORSCHE OF THE SITE IS DEVELOPING, MAYBE THEY'RE IN A BETTER POSITION TO SAY, OKAY, I CAN ANGLE THIS PARKING IF YOU'LL GIVE ME A PARKING EXCEPTION, OR I CAN DEMO THIS PORTION OF THE BUILDING AND I CAN DO WHATEVER I NEED TO DO IN ORDER TO TRY AND FIT A SIDEWALK OR A LARGER BUFFER IN THERE.
UM, THIS IS THE CHALLENGE WITH ADAPTIVE REUSE OF SITES THAT WERE BUILT 50 YEARS AGO.
IF THIS WAS A BIG OLD FIELD, WE WOULDN'T BE HERE.
WE'D MOVE THE BUILDINGS 10 FEET, WE'D PUT THIS STUFF IN, WE'D BE ON OUR WAY, RIGHT? BUT THIS IS WHERE WE'VE ENDED UP.
SO HOPEFULLY AS I EXPLAINED THIS, YOU REALIZE WE'RE NOT TRYING TO GRAB, YOU KNOW, STUFF 20 POUNDS OF SUGAR IN A 10 POUND BAG OR GRAB A TWO HANDS OR ANY OF THAT STUFF.
WE'RE EARNESTLY ATTEMPTING TO GET AS CLOSE AS WE CAN TO COMPLIANCE.
SO THESE ARE JUST GIVE YOU AN IDEA OF WHAT WE'RE GONNA DO TO THE BUILDING, WHAT IT'LL LOOK LIKE WHEN WE'RE DONE, WHEN WE ADD LANDSCAPING OUT IN FRONT OF IT.
UM, YOU KNOW, WE THINK IT'S A STEP IN THE RIGHT DIRECTION FOR THE AREA.
IT ADDS SOME VITALITY, IT MEANINGFULLY IMPROVES THE AESTHETICS OF THE SITE TODAY.
SO WE'D APPRECIATE YOU GRANTING THE EXCEPTIONS.
UM, BUT WE'RE WIDE OPEN TO YOUR QUESTIONS OR SUGGESTIONS FROM THIS.
DO WE HAVE ANY QUESTIONS OF THE APPLICANT OR, YEAH, SO, UM, I GUESS I'LL, I'LL HAVE SOME STATEMENTS AND THEN I'LL HAVE SOME QUESTIONS FOR YOU AND, AND MAYBE LESLIE WILL SEE.
UM, SO I NOTICED WHEN LOOKING OVER THE DOCUMENTS LAST WEEK, I SAW THAT FOR THE, UH, THE RETAIL SIDE OF THE BUILDING 'CAUSE YOU'RE TALKING ABOUT, OKAY, YOU KNOW, PARKING MINIMUM REQUIREMENTS TAKES UP SPACE, LANDSCAPING TAKES A SPACE, DON'T HAVE ENOUGH SPACE, GET IT MAKES SENSE.
UM, UNDER THE NEW CODE THAT WAS PASSED A MONTH OR TWO AGO, THE PARKING REQUIREMENT FOR RETAIL IS HALF OF WHAT IT CURRENTLY
[00:45:01]
IS.AND SO, UM, WE CAN'T MAKE ANY DECISIONS BECAUSE THAT'S NOT THE REQUEST.
SO WE CAN'T SAY YES OR NO ON PARKING.
UM, BUT I DO BASICALLY, I'M ASKING A QUESTION ABOUT, UM, MAKING SURE IT'S A HARDSHIP AND IF THERE'S A DIFFERENT VIABLE PATH OF USING THE OTHER CODE WHICH HAS LOWER PARKING, AND YOU COULD SATISFY BOTH THAT I WOULD THINK MAYBE THAT'S NOT A HARDSHIP.
SO CAN YOU TALK ME THROUGH YOUR LOGIC THERE? SO LESLIE, MAYBE A BETTER DAY.
AND TO ANSWER PART OF THAT QUESTION, WE WORKED FOR A LONG TIME WITH STAFF TO FIGURE OUT WHAT OUR REQUIRED PARKING IS MOSTLY DRIVEN BY THE WEAR SPACE PORTION OF IT, RIGHT? AND THEN WE JUST, THE PARKING WE PROVIDED FOR THE RETAIL WAS ONE PER 200, WHICH WAS THE STANDARD RETAIL PARKING, RIGHT? WHETHER THERE'S BEEN, AND THAT OBVIOUSLY IMMEDIATELY PRECLUDES RESTAURANT IN AND OF ITSELF 'CAUSE RESTAURANTS TWICE THAT TYPICALLY AT ONE PER 100 OR 10 PER THOUSAND.
IF THAT ONE PER 200 HAS CHANGED, THEN YEAH, WE MIGHT, THAT MIGHT HELP US DO A FEW MORE LANDSCAPE VIOLINS OR SOME OF THIS OR WHATEVER.
SO THAT MAY BE A BETTER QUESTION FOR YOU.
IT IT'S ONE PER 400 FOR RETAIL NOW FYI, BECAUSE I, I DON'T YEAH.
SO THE, UM, AS OF, I DON'T KNOW, A FEW WEEKS AGO, IT IS THE RETAIL IS ONE TO 400.
UM, TOMMY IS ACCURATE THAT THE, THE RESTAURANT IS STILL ONE TO 100.
UM, AND THESE ARE SPECULATIVE, I I DON'T KNOW THAT ANY OF US CAN SAY FOR CERTAIN IF THERE'S GOING TO BE ANY SORT OF, UH, FOOD AND BEVERAGE ESTABLISHMENT.
UM, AS FAR AS THE, UM, THE WEAR SPACE PORTION, UH, THAT PARKING WAS, THAT'S SOMETHING THAT WE, UH, WORKED WITH WEAR SPACE TO DEVELOP, UM, I'M GONNA SAY AN ALTERNATIVE PROPOSAL BASED UPON WHAT THE CODE SAYS.
SO THE, THE STANDARD, UM, PARKING RATIO FOR THAT IS ONE PER 1000, UH, WHICH WOULD HAVE, UM, REQUIRED MORE PARKING THAN, THAN WHERE SPACE, UM, NEEDED.
AND SO THERE IS AN ALTERNATIVE, UH, STANDARD WHICH ALLOWS YOU TO USE AN EMPLOYEE BASED, UM, PARKING RATIO.
UM, AND SINCE THESE ARE INDIVIDUAL TENANT SPACES, UH, WE CAME UP WITH A RATIO BASED UPON THE TENANT SPACES, BASED UPON THE DIFFERENT SIZES.
AND THAT WAS REFERENCED IN THE APPLICANT JUSTIFICATION OR THE, EXCUSE ME, THE APPLICANT REQUEST THAT THE LARGER UNITS, UH, WE SETTLED ON TWO PARKING SPACES.
UM, AND THEN THESE, THE OTHER UNITS WERE ONE PARKING SPACE TWO, AND THAT ALONE I BELIEVE DECREASED THE PARKING FOR THE WEAR SPACE PORTION THAT INDUSTRIAL BY APPROXIMATELY 48 PARKING SPACES.
UM, WE HAVE A TALLY HERE, SO OH PARDON? 1 94 FOR THE YEAH.
SO NOW IS THE RETAIL, IF THE RETAIL IS NOW 44 MM-HMM
SOMEBODY THAT DOESN'T HAVE, YEAH, THAT'S WHAT MEANS 47 ISH, WHATEVER WE COULD LOOK AT AT LEAST.
SO YEAH, SO THE UH, OTHER OTHER POINT, UM, OF TO CLARIFY, UM, OR I GUESS, UH, CONFIRM WHAT, UM, TOMMY MENTIONED IS THAT, UM, THIS PROJECT, UH, WE'VE BEEN COLLABORATING FOR CLOSE TO A YEAR NOW.
UH, I THINK THIS APPLICATION PROCESS WAS, UM, BEGAN IN THE TIMEFRAME OF APRIL.
UM, AND SO, UH, THE FORMER CODE WAS USED, SO THE NEW, UM, THE NEW STANDARDS THAT HAVE NOW BEEN, UM, ADOPTED FOR A FEW WEEKS DID NOT, UM, APPLY TO, TO THIS PARTICULAR PROJECT.
SO THAT'S WHERE YOU MAY SEE SOME OF THE, THE DISCREPANCY.
AND THE OTHER THING TOO, WHICH I THINK WE COULD, UM, COLLABORATE ON AN ALTERNATIVE PARKING RATIO.
THE ONE THING I ALSO WANNA POINT OUT, AND I CAN'T SPEAK FOR THE APPLICANT, BUT USING THE ONE TO 400 RATIO COULD ALSO PRECLUDE THEM FROM ANY SORT OF F AND B IN THE FUTURE.
UM, I DO HAVE ANOTHER GIMME ONE SECOND.
UM, MY NEXT QUESTION WAS IN THE PACKET.
UM, THIS ONE'S STILL FOR LESLIE.
UM, YEAH, THE, THEY IN THE PACKET, THEY TALK ABOUT HOW THEY DID SOME OPEN RECORDS REQUESTS TO SURE.
BEFORE THEY BOUGHT THE PROPERTY TO UNDERSTAND LIKE, HEY, IT'S IN COMPLIANCE, THERE'S NO ISSUES HERE MM-HMM
AND THEN LATER THEY SAW THE, OH, SPENDING MORE THAN 10,000 IS GOING TO TRIGGER ALL THESE, UH, REQUIREMENTS.
SO I WANNA KIND OF UNDERSTAND, MAKE SURE I GUESS THE DUE DILIGENCE THERE, WHAT DID THEY DO? LIKE WHAT SHOULD THEY HAVE DONE TO KNOW THIS? COULD THEY HAVE KNOWN THIS? YEAH.
I, I WANNA UNDERSTAND BETTER THOUGH.
SO, UM, I, I DON'T WANNA SPEAK FOR THE APPLICANTS.
I'LL LET THEM ADDRESS SOME OF THAT.
BUT, UM, THE APPLICANT DID SUBMIT A, UM, IT'S A ZONING VERIFICATION LETTER THAT IS AN APPLICATION PROCESS THAT WE HAVE,
[00:50:01]
UM, AND IS A FORMAL LETTER THAT VERIFIES THE EXISTING ZONING ON THE PROPERTY.UM, THERE WERE LETTERS SUBMITTED FOR ALL OF THE, UM, SUBJECT PROPERTIES.
THE VARIOUS ADDRESSES WE DO REQUIRE ONE PER ADDRESS, UM, FOR THE ZONING VERIFICATION LETTER.
AND WE DO A ESSENTIALLY, UM, IT'S SIMILAR TO AN OPEN RECORDS REQUEST.
SO WE DO, UM, A PROPERTY SEARCH, UH, VERIFY ANY APPLICABLE INFORMATION SUCH AS A CERTIFICATE OF OCCUPANCY OR A SITE PLAN APPROVAL AND SO FORTH.
AND THEN WE ALSO CONFIRM IF THERE'S ANY PENDING OR UM, UH, OPEN LITIGATION ON THE PARTICULAR PROPERTY FROM A TOWN PERSPECTIVE.
SO THAT COULD BE AS AN EXAMPLE, UM, THERE'S AN OPEN CODE COMPLIANCE CASE THAT IS PENDING, UM, UH, A COURT DATE OR SOMETHING SIMILAR.
AND SO IN THAT LETTER WE WOULD PROVIDE THAT, UM, SO THAT SOMEONE IF THEY PURCHASED THE PROPERTY, WOULD KNOW IN ADVANCE THAT THERE WAS PENDING LITIGATION DUE TO WHETHER IT WAS PROPERTY MAINTENANCE OR ANOTHER COMPLIANCE ISSUE.
SO THAT'S WHAT THAT LETTER IS.
UM, AS FAR AS DOING SOME DUE DILIGENCE, MOST OF THE TIME WHEN, UH, WE ARE TALKING WITH DEVELOPERS ABOUT REDEVELOPMENT SCENARIOS OR EVEN NEW DEVELOPMENT, UH, THEY REACH OUT TO US DIRECTLY.
WE OFFER PRE-APPLICATION MEETINGS.
UM, THEY, WE DO NOT CHARGE FOR THOSE.
WE HOLD THEM EVERY, UH, THURSDAY.
UM, AND WE FREQUENTLY HAVE THEM EVERY WEEK AND CAN DISCUSS POSSIBLE SCENARIOS, UH, FOR WHAT MAY OR MAY NOT APPLY OR POTENTIAL CHALLENGES.
UM, SO IF I WAS TO, IF SOMEONE WAS TO ASK ME HOW TO PROCEED OR WHAT I WOULD RECOMMEND FOR DUE DILIGENCE, THAT'S WHERE I WOULD, UM, STEER THEM IS TO POTENTIALLY GET A ZONING VERIFICATION LETTER, UM, IF THEY DESIRE TO DO SO, AND THEN SEND IN A PRE-APPLICATION, UM, REQUEST.
AND WE ACTUALLY HAVE OUR ENTIRE DEVELOPMENT REVIEW COMMITTEE, UM, THAT IS IN AND IN THAT MEETING THAT INCLUDES THE FIRE MARSHAL, OUR, UH, PARKS AND RECREATION TEAM, OUR PUBLIC WORKS TEAM PLANNING AND ZONING OBVIOUSLY.
UM, AND WE ALL GET TOGETHER AND, UM, CAN BRAINSTORM AND PROVIDE FEEDBACK.
SO THAT'S WHERE, UM, THAT WOULD HAVE COME UP.
THAT'S ALL THE QUESTIONS I HAVE NOW.
SO I, IF I COULD ADDRESS PART OF THAT, 'CAUSE I THINK I UNDER, WHEN WE, WHEN DILIGENCE IS DONE ON AN EXISTING PROPERTY LIKE THIS, YOU GET A REPORT FROM A COMPANY AND THEY IDENTIFY NONCONFORMITIES AND LABEL THEM AS LEGALLY NON-CONFORMING.
I DON'T THINK ADDISON HAS ONE OF THE STRANGER SET OF NON-CONFORMING REGULATIONS THAT I'VE ENCOUNTERED.
THIS $10,000 RULE IS IT'S A WAY OUT.
WE COULD SPEND LESS THAN $10,000 ON THE EXTERIOR OF THE BUILDING AND NOT TRIGGER ANY OF THIS.
WE WOULDN'T HAVE TO ADD ANY LANDSCAPING.
I THINK THAT'S BAD FOR EVERYBODY.
AND THEN THERE'S ANOTHER PIECE THAT HAS NOTHING TO DO WITH ANY OF THIS EXCEPT IT AFFECTS IT.
THERE'S THE, THERE'S A UTILITY EASEMENT THAT RUNS THROUGH THE PROPERTY AND EVEN UNDER THE BUILDING HERE, NOBODY'S QUITE SURE WHY IT'S THERE.
THEY JUST DID STUFF FOR STUFF DIFFERENT THAN THE S CAN I, I DON'T KNOW.
UM, BUT THE WAY TO SOLVE THAT ISSUE, WHICH HAS NOTHING TO DO WITH ZONING, IS TO MAKE IT, IS TO PRIVATIZE IT.
WE PRIVATIZE IT BY PLATING ALL OF THIS TOGETHER AND NOW ALL OF A SUDDEN WHEN WE TOUCH ANY PORTION OF IT, IT TRIGGERS IT ALL.
OTHERWISE, YOU KNOW, WE COULD WE PLOT THIS SEPARATELY AND NOT HAVE TO WORRY ABOUT THE FRONT.
IT'S JUST THESE ARE THE JOYS OF PEELING BACK THE LAYERS OF A 1970S ONION.
YEAH, I MEAN DURING, I, I'M JUST TRYING TO KIND OF MAKE SURE THAT EVERYTHING WAS DONE RIGHT.
I'M NOT TRYING TO I HERE, BUT, UM, BUT NO, NOBODY'S HERE BLAMING ANYBODY.
WE'RE JUST, THIS IS A STICKY ONE.
UM, NO, I JUST WANTED TO, UM, SORRY, I LOST MY TRAIN OF THOUGHT.
I'LL, I'LL COME BACK TO IT LATER.
ANYBODY ELSE HAVE ANY QUESTIONS, LESLIE, ON BEHALF? OH, LESLIE, I HAD A QUESTION ABOUT THE, THE TRAIL AND HOW DID I, AND I DIDN'T GO LOOK THIS UP, I'M SORRY.
SO, UM, WHAT'S THE STANDARD WIDTH FOR THE WIDTH WHEN YOU TALK DIFFERENTIATE BETWEEN A TRAIL AND A SIDEWALK WITH THAT CORRIDOR STUDY? ARE YOU USING THE AASHTO? IS IT 10 FOOT OR IS IT EIGHT FOOT? SO, UM, I BELIEVE THE TRAIL IS 10 FOOT.
AND THEN I BELIEVE OUR MINIMUM SIDEWALK IS FIVE.
SO WITH THAT REGIONAL STUDY, POTENTIALLY A 10 FOOT TRAIL GOES TO THE FRONTAGE OF THAT AND UP THERE WITH THE RETAIL THAT WOULD TAKE THE PARKING OUT THE DAY THAT THAT'S CORRECT.
GOING THROUGH, RIGHT? CORRECT.
SO, UM, SO THAT IS, THAT IS A MASTER PLAN.
SO THAT WAS, UM, OBVIOUSLY ADOPTED MANY YEARS AGO.
AND THAT WAS THE, THAT'S THE GOAL.
THE VISION WAS DESIRED FROM THE COMMUNITY.
UM, THAT, AND THAT ALSO BUILT,
[00:55:01]
BUILT ON REGIONAL TRAIL SYSTEMS AS WELL TO WHERE WE COULD MAXIMIZE.SO, UM, JUST AS AN EXAMPLE, AND I'M TRYING TO THINK OF ANOTHER, UM, APPLICABLE, BUT LET'S SAY THAT, UM, THIS PROPERTY WAS NOT, UH, ASPACE WAS NOT INTERESTED IN REDEVELOPING THE PROPERTY AND IT WAS GOING TO BE USED AS IS, UM, AS IT EXISTS TODAY IN ORDER FOR THE TOWN TO ACQUIRE THAT PROPERTY.
'CAUSE IT IS PRIVATE PROPERTY, UH, THE PROPERTY LINE IS THIS DASH LINE HERE, WE WOULD HAVE, WE, WE COULD POTENTIALLY TRY TO PURSUE, UM, OR APPROACH THE PROPERTY OWNER AND PURCHASE THOSE THAT LAND FROM THEM AT, UM, LIKELY FAIR MARKET VALUE OR MORE, UM, OR THERE'S A, A POSSIBILITY THAT IT COULD BE PURSUED VIA IMMINENT DOMAIN.
THAT WAS, UM, THAT IS ALSO ANOTHER POSSIBILITY, WHICH WE, WE ARE NOT THERE YET
AND ALSO POINT OUT THAT IMMINENT DOMAIN IS, IS FAIR MARKET VALUE, SO WE WOULD STILL HAVE TO PAY, UH, FOR THAT LAND AND PAY FOR THOSE PARKING SPACES.
BUT, BUT IN THAT CASE, IT WOULD TAKE OUT THE PARKING FOR THAT RETAIL BUILDING IF THAT WAS EVER PURSUED TO PUT A 10 FOOT TRAIL IN THERE.
I DON'T BELIEVE THE EXISTING MEDIAN IS BIG ENOUGH TO OFFSET THAT.
SO YOU WOULD HAVE A CONVERSATION OF DO YOU REDUCE A PARKING LANE OR NARROW PARKING LANES? I DON'T EVEN KNOW IF THAT'S POSSIBLE.
YEAH, WE HAVE NOT DONE THAT STUDY.
UM, BUT YEAH, I DON'T, I DON'T BELIEVE WITH THE MEDIAN AND THE EXISTING FIVE FOOT THERE WOULD BE ROOM FOR THE, A 10 FOOT SIDEWALK.
SO AS IT IS, THAT WOULD CHANGE THE DAY THAT YOU WENT FORWARD WITH THAT REGIONAL TRAIL, CORRECT? IT, IT COULD, YES.
BUT WE WOULD HAVE TO, YOU KNOW, I UNDERSTAND, YEAH, THERE'S A LOT OF STEPS IN BETWEEN HERE, HERE AND THERE, BUT THE POINT IS, EVEN IF YOU KEPT IT AS IT IS, THE POTENTIAL IS ALWAYS THERE FOR THAT TO BE REMOVED COMPLETELY.
ANYBODY ELSE HAVE ANY QUESTIONS? UM, ON THAT, UM, FOR THE, THE 20 FOOT BUFFER, WOULD THAT ELIMINATE THE PARKING? SO OBVIOUSLY IT WOULD ELIMINATE THE PARKING SPACES ON THE RIGHT SIDE THERE, THE WHOLE WAY.
WOULD THAT ELIMINATE THE PARKING ON THE, LIKE JUST IN FRONT OF THE BUILDING THERE AS WELL? OH, UH, UP, UH, YEAH, THAT ONE.
WOULD IT THAT ELIMINATE THE, LIKE IS THERE SPACE THERE OR WOULD THAT ELIMINATE BOTH SIDES OR JUST THE RIGHT SIDE? UM, I BELIEVE IT WOULD ONLY ELIMINATE WHAT IS, UH, ALONG THE INWOOD ROAD FRONTAGE.
SO THOSE PARKING SPACES ARE APPROXIMATELY 18 FEET IN DEPTH AND YOU ALREADY HAVE FIVE FEET THERE, UM, WITH THAT EXISTING BUFFER MM-HMM
UM, SO IT ACTUALLY WOULDN'T, IT WOULDN'T TAKE UP THE FULL TAKE UP THE ROAD, BUT IT WOULD, UH, YEAH, IT WOULD, WOULD TAKE UP ALMOST ALL OF THOSE PARKING SPACES.
IT DOESN'T TOUCH THESE, BUT IT GOTCHA.
AND THEN THIS, THIS AREA HERE, WELL, EXCUSE ME HERE, UM, IS IS ALSO FIRE LANE.
SO THAT IS JUST ANOTHER CONSIDERATION THAT, UM, YOU HAVE TO MAINTAIN THE, THE FIRE LANE AS WELL.
SO THE, THE CONDEMNATION QUESTION, SORRY, YOU HAVE TO MIC.
FIRST OF ALL, TOWN'S MAKING AN OFFER, WE'RE ALL YOURS.
UH, IF, IF THIS GETS CONDEMNED, THEN IT'S NOT JUST THIS THAT IS FAIR MARKET VALUE THAT HAS TO BE PAID, IT ALSO HAS TO BE COMPENSATION FOR ANY DAMAGE TO THE REMAINING PROPERTY.
SO THE LOSS OF THE VIABILITY OF THE RETAIL, AND THAT BECOMES A BIG ARGUMENT.
UM, OH, I HAD ONE QUESTION FOR YOU, TOMMY.
UM, YOU MADE, I DIDN'T QUITE, YOU'RE THE MASTER DEVELOPER FOR THIS.
JASON IS, BUT YOU'RE THE MASTER DEVELOPER FOR THE SITE.
SO YOU'RE GONNA LEASE THAT RETAIL BUILDING? CORRECT.
OR SELL IT, RIGHT? YEAH, THEY'D PROBABLY SELL IT.
THEY'RE NOT IN THE RETAIL BUSINESS.
THEY'D MORE LIKELY TO SELL IT.
SO YOU'RE MORE, SO THAT'S THE PLAN.
THAT'S WHERE THE OTHER PARTY COULD COME IN, RELEASE IT OUT TO SOMEBODY ELSE WHO'S GOING TO NO, BUT OR, BUT SELL IT.
BUT THAT'S THE PART THAT I DIDN'T GET WAS WITH IF THERE WAS SOMEBODY THAT CAME IN THAT WANTED TO DO IMPROVEMENTS TO THE BUILDING, IT'S STILL, THERE'S STILL THE MASTER DEVELOPER.
WELL, SO WE'RE HERE TODAY 'CAUSE IT'S ALL GONNA BE ONE LOT AND WE'RE SPENDING MORE THAN $10,000 ON THE OUTSIDE OF THIS BUILDING, AND SO IT IMPLICATES THE WHOLE BUILDING.
WHENEVER SOMEONE SHOWS UP HERE, WHETHER IT'S R LESS A YEAR OR SOMEONE THAT PURCHASES FROM US AND THEY PROPOSE TO SPEND $10,000 ON THE EXTERIOR OF THIS BUILDING.
UH, I'M, I'M SORRY, BUT COULD YOU GO TO THE MICROPHONE AND INTRODUCE YOURSELF?
IF YOU DON'T MIND, I WILL NOT SWEAR YOU IN BECAUSE YOU DIDN'T SAY A WHOLE LOT.
UH, COULD YOU JUST INTRODUCE YOURSELF? I'M JASON THORBERG WITH AIRSPACE, UH, 1 0 6 3 2 LITTLE PATAN PARKWAY, COLUMBIA, MARYLAND.
[01:00:01]
YOU VERY MUCH.YOU, I, I DON'T HAVE ANY OTHER QUESTIONS.
I JUST WANTED TO MAKE SURE WE GOT YOUR NAME AND HE'S ON THE RECORD AND ON THE RECORD.
A A AND I I DO HAVE, SINCE WE HAVE A LAND USE PERSON HERE, I DO HAVE A QUESTION IF YOU DON'T, I'M SORRY, DID YOU HAVE A QUESTION? UH, GO AHEAD.
UM, IF YOU SOLD, WOULD YOU, IN ORDER TO SELL THAT NORTHERN BUILDING, YOU WOULD HAVE TO DO A REPL, RIGHT? NOT NECESSARILY.
YOU COULD, OR YOU COULD DO A LAND CONDOMINIUM WHERE YOU CREATE A SEPARATE OWNED CONDOMINIUM UNIT, BUT IT'S PART OF THE SAME LOT.
WE, WE'VE LOOKED AT ALL OF THESE OPTIONS, JUST SO I COMPLETELY UNDERSTAND THIS.
SO WE'RE ASKING YOU TO DO THE 20 FOOT BUFFER.
THE TOWN MAY HAVE A 10 FOOT TRAIL COME IN, SO IT'S REALLY GONNA BE A POTENTIALLY A 30 FOOT NO.
WOULD THE TRAIL GO UP THE BUFFER? YEAH.
SO A SIDEWALK AND OTHER PEDESTRIAN IMPROVEMENTS CAN BE WITHIN THE 20 FOOT BUFFER.
SO WE COULD STILL PRESERVE SIMILAR PARKING SPACES ON THE OTHER SIDE.
ANYBODY ELSE HAVE ANY OTHER QUESTIONS? THANK YOU.
AND, AND LESLIE, UH, NOW IT IS THE TIME FOR A PUBLIC HEARING.
SO IF THERE'S ANYBODY IN THE PUBLIC THAT WOULD LIKE TO COMMENT ON THIS, THESE PARTICULAR REQUEST, UH, PLEASE STAND UP, IDENTIFY YOURSELF, AND LET US KNOW WHAT YOU THINK.
AND THAT PUBLIC HEARING STARTED AT 6 31.
I'M LOOKING AROUND AND I DO NOT SEE ANYBODY ELSE THAT SEEMS TO BE INTERESTED.
SO IN THAT CASE, I'LL CLOSE THE PUBLIC HEARING AT 6 30, 1 30.
UH, SO THE PUBLIC HEARING IS CLOSED, AND NOW I THINK WE WILL, UH, CONSIDER, AS I'VE MENTIONED, THE, UH, ITEMS ONE AT A TIME.
AND THE FIRST ONE, LESLIE, I THINK, IS GONNA SHOW US SOMETHING THAT WILL HELP.
UH, SO THE FIRST ITEM THAT WE'RE GOING TO CONSIDER IS AS A SPECIAL EXCEPTION, IS ITEM A CHAPTER 34, ARTICLE SIX, SECTION 34 DASH 2 0 7 F SEVEN, SHADE TREE, PROXIMITY TO PARKING.
IS THAT, DID I GET THAT RIGHT? OH, YEAH.
UH, JUST ONE THING I WANT TO MENTION, UM, UH, OUR, UH, ATTORNEY HAS DRAFTED SOME POSSIBLE MOTION LANGUAGE JUST FOR CLARITY TO MAKE SURE THAT IT IS CLEAR, BOTH ON THE RECORD AND FOR EVERYONE HERE, UH, AND POTENTIALLY WATCHING ONLINE WHAT EXACTLY THE, UH, MOTION IS.
UM, THERE ARE OTHER ALTERNATIVES TO APPROVE AND DENY, UM, EACH PARTICULAR ITEM.
SO YOU MAY DO SO AS YOU PLEASE.
DO YOU WANT TO HAVE A DISCUSSION OR ARE WE READY FOR SOMEBODY TO MAKE A MOTION ON THIS ONE? I THINK HAVING A SHORT DISCUSSION ON EACH ONE WOULD BE GOOD.
LET'S DO THAT BEFORE WE MAKE A MOTION.
UH, WHO WOULD LIKE TO START? I'LL START.
UM, I THINK I WOULD MOVE TO APPROVE THIS ONE.
I THINK THAT ALL OF THESE, IT'S KIND OF LIKE, YOU KNOW, WE WANT WHERE SPACE TO BE THERE.
IT'S AN UNUSED SITE, IT'S BIG BENEFIT, BUT WE ALSO, YOU KNOW, WANTED TO COMPLY AS MUCH AS POSSIBLE.
I THINK THIS ONE COMPARED TO THE OTHER ONES IS LIKE, UM, IT IS MORE OF A HARDSHIP AND LESS BANG FOR YOUR BUCK, SO TO SPEAK.
'CAUSE IT TALKS ABOUT HARDSHIP VERSUS WHAT IT GIVES TO US.
SO I THINK APPROVING IT WILL NOT, UM, CHANGE THE EXPERIENCE VERY MUCH AND HARD AND, UH, HURT THE TOWN.
I, SORRY, JUST FOR CLARIFICATION.
UM, THAT WAS NOT A MOTION WE'RE DISCUSS THAT WAS NOT A MOTIONING NO, THAT WAS A DISCUSSION.
SO CHRIS, YOU'RE NOT APPROVING THE DENIAL.
YOU'RE SAYING WE SHOULD APPROVE IT OVERALL.
UM, I WOULD KIND OF ARGUE IN THE OTHER DIRECTION, UM, UH, THIS WOULD BENEFIT YOU, YOU WANT TO HAVE, UH, UH, FRIENDLY SPACE FOR YOUR COWORKERS TO COME TO INSTEAD OF COMING INTO JUST A, YOU KNOW, BLANK CONCRETE, UH, PARKING LOT.
AND ONE OF THE MAIN JUSTIFICATIONS WAS REALLY THE LACK OF, UM, LOSING THE PARKING SPACES.
AND WHAT I'VE HEARD EARLIER IS THAT WE MAY BE ABLE TO FACILITATE, YOU KNOW, NOT COMING AGAINST THOSE LOSSES BY GOING TO A DIFFERENT WAY WE VALUE THOSE, UM, PARKING SPACES.
SO I, I DON'T KNOW WHAT THE EXACT NUMBER WAS.
UM, SO I, I DO THINK THAT THOSE, UH, TREE WELLS SHOULD BE, UH, CREATED.
ANY, ANYBODY ELSE? I, I, I WILL.
[01:05:01]
WITH THE CHANGE IN USE OF THE SPACE, IF IT WAS JUST A WAREHOUSING SPACE, I DON'T THINK IT'S NEARLY AS IMPORTANT.BUT IF YOU'RE GOING TO HAVE SO MANY BUSINESSES IN THAT SPACE, THE SHADE TREES, UH, NEAR THE PARKING IS IMPORTANT.
SO, WOULD ANYBODY LIKE TO, OR MAKE A MOTION? I GOT A QUESTION.
LESLIE, UM, THE TRADE OFF IS THE ADDITIONAL LANDSCAPING VERSUS LOSING SOME PARKING SPACES, AND I THINK IT WAS EIGHT SPACES IS WHAT THEY WOULD LOSE COMPLYING, BRINGING IT INTO COMPLIANCE.
AND THEN THERE WAS SOME TALK EARLIER ABOUT CONTINUING TO WORK WITH THEM ON RATIOS.
IS THAT POSSIBLE FOR THEM TO ADDRESS THE PARKING SPACES IN THOSE DISCUSSIONS AND COMPLY WITH THE LANDSCAPING? UM, IT COULD BE MM-HMM
UM, IT'S A LITTLE CHALLENGING TO SAY.
JUST TO TAKE A LITTLE BIT OF STEP BACK, WHERE WE'RE AT IN THE PROCESS.
SO THE APPLICANT SUBMITTED A, UH, SITE PLAN REVIEW, UM, WHICH ESSENTIALLY THINK OF IT AS A COMPLIANCE REVIEW.
SO THEY SUBMIT A SITE PLAN, A LANDSCAPE PLAN, FACADE PLANS, AND WE EVALUATE FOR COMPLIANCE.
AND SO WE, UM, CANNOT APPROVE THAT UNTIL THEY'VE ACHIEVED, UM, COMPLIANCE.
AND COMPLIANCE COULD MEAN FULL COMPLIANCE, OR IT COULD MEAN COMPLIANCE BASED UPON THE DETERMINATION OF THE BOARD OF ZONING ADJUSTMENT.
SO, UM, THIS IS KIND OF A STEP IN THAT PROCESS.
UH, SO TYPICALLY, UH, THE, THE BOARD OF ZONING ADJUSTMENT CONSIDERATION WOULD BE KIND OF THE VERY FINAL STEP.
LIKE, WE'VE RESOLVED EVERYTHING ELSE, AND THIS WAS THE, THE FI FINAL, UH, YOU KNOW, BOW ON THE PACKAGE, IF YOU WILL, BOW ON THE PRESENT.
UM, BUT WE'RE KIND OF MID REVIEW RIGHT NOW.
SO, UM, I, I ONCE AGAIN, DON'T WANNA SPEAK FOR THE APPLICANT, SO I DEFER TO THEM.
BUT I THINK YOU HEARD THAT THEY WERE TRYING TO, TO STRIKE AN APPROPRIATE BALANCE BASED UPON THEIR, THEIR NEEDS.
SO WELL, AND THAT, BUT I GUESS WHERE I'M GOING IS, UH, THE, THE RE THE RECOMMENDATION FOR THE NILE IS THE LANDSCAPING'S IMPORTANT, AND YOU'VE GOT MORE PEOPLE THAT ARE GONNA BE ON THE SITE THAN WHAT IT WAS.
SO IT'S A HIGHER, IT'S A MORE DENSE USE.
WHAT THEY'RE GOING TO IS THEIR HEARTBURN FROM THE STAFF PERSPECTIVE ABOUT LOSING SPACES IS BECAUSE THAT WAS KIND OF THE WAY I WAS HEARING IT, IS WE'RE GONNA, IF WE, IF WE COMPLY HERE, WE'RE GONNA HAVE AN ISSUE OVER HERE.
IS THERE AN ISSUE WITH WORKING WITH THEM ON THE SPACES MM-HMM
BECAUSE IT SOUNDS LIKE THERE'S ROOM TO DO THAT THROUGH THE PLAN REVIEW PROCESS.
SO THE APPLICANT PRE, UH, PROPOSED AND SUBMITTED A REQUEST FOR THE LANDSCAPE SPECIAL EXCEPTIONS.
UH, SO WE HAVE NOT CONSIDERED ANY, UM, POTENTIAL PARKING VARIANCES OR, OR ALTERNATIVES.
SO ANY, WOULD ANYBODY LIKE TO MAKE A MOTION? UM, I WAS JUST GONNA MO UH, MENTION THAT IT DOES, IN ORDER TO, UM, PASS, UM, A SPECIAL EXCEPTION OR VARIANCE OR OTHER ACTION, UH, THE BOARD MUST FIND 75% OF ITS MEMBERS, UH, IN THE AFFIRMATIVE, WHICH WOULD BE FOUR OR FIVE.
COULD YOU PUT THAT OTHER, THE SLIDE BACK? YES.
SO, OH, JUST ONE MORE QUICK DISCUSSION POINT.
I MEAN, ALL OF THESE ARE IMPORTANT.
I THINK IT'S JUST THE, THE BALANCE, SO THAT'S WHY I DECIDED THAT.
BUT, UM, I MOVE TO APPROVE THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION FROM SECTION 34 2 0 7 F SEVEN RELATED TO SHADE TREE PROXIMITY TO PARKING FOR CASE NUMBER BZA 25 DASH OH TWO.
AND DO I, DO I HEAR A SECOND? I'LL SECOND THAT SINCE WE HAVE A MOTION TO APPROVE AND A SECOND, I WILL CALL FOR A VOTE.
ALL THOSE IN FAVOR OF APPROVING THE SPECIAL EXCEPTION, UH, PLEASE RAISE THEIR HAND.
ALL THOSE WHO WISH TO VOTE AGAINST THE MOTION, PLEASE RAISE THEIR HAND.
THAT'S THREE AGAINST THE MOTION.
NOW I NEED TO ASK THE ATTORNEY A QUESTION THAT OBVIOUSLY WAS NOT AN APPROVAL.
DO WE NEED TO AFFIRMATIVELY HAVE A VOTE TO DENY THE SPECIAL EXCEPTION? NO, I MEAN, THE MOTION DIDN'T, THE MOTION, THE MOTION FAILED.
SO THIS POINT, WE'RE DONE FOR THAT PARTICULAR ITEM.
OKAY, SO THE SPECIAL EXCEPTION,
[01:10:01]
UH, A THE SHADE TREE PARKING, I'M SORRY, LEMME JUST CLARIFY WITH MAY.UM, THERE IS AN OPTION TO DO A MOTION TO RECONSIDER, BUT SOMEONE FROM THE PREVAILING SIDE, RIGHT.
WOULD HAVE TO BRING THAT UP AS A MOTION.
SO I AM GOING TO, SO, SO BASED ON WHAT I UNDERSTAND, THAT MOTION TO APPROVE HAS FAILED.
SO THE SPECIAL EXCEPTION IS DENIED.
NOW WE'RE GOING TO MOVE ON TO BE THE, THE SECOND REQUEST, CHAPTER 34, ARTICLE SIX, SECTION 34 DASH 2 0 7, A 20 FOOT LANDSCAPE BUFFER ALONG THE FRONTAGE.
UH, AND IN KEEPING WITH WHAT WE JUST DID, UH, DO WE DESIRE TO HAVE A DISCUSSION? Y YES.
SOMEBODY LIKE TO START THAT DISCUSSION? YES, I WILL.
UM, I THINK THE, THE ALTERNATIVE THAT THE APPLICANT IS PROPOSING MAKES A LOT OF SENSE.
UM, WHILE I UNDERSTAND, YOU KNOW, SIDEWALK, SIDEWALK WOULD BE REALLY NICE TO HAVE IN THE, THE TRAIL AND ALL, UM, THAT'S REALLY THE END OF THE TOWN AND I DON'T REALLY SEE THE NEED FOR A SIDEWALK DOWN THERE VERSUS KEEPING WHAT'S THE, THE, UH, BOX EDGES THAT ARE ALONG THAT, THAT PERIMETER.
UM, SO I, I, I WOULD LIKE TO SEE US APPROVE THE APPLICANT'S, UH, REQUEST.
DO WE HAVE ANY OTHER COMMENTS? UH, NO.
I, I, I DON'T HAVE ANY PARTICULAR COMMENTS, SIR.
WELL, THE, THE ONLY REASON THIS IS REALLY ON HERE IS BECAUSE IT'S PART OF THE TOWN'S MASTER PLAN WITH TRAILS AND WALKABILITY AND EVERYTHING.
UM, WE'VE ALREADY HAD ONE OTHER, UM, SITE COMPLY WITH THOSE RECOMMENDATIONS.
IT WAS THE AQUARIUM DOG PLACE, UH, OR WHATEVER IT IS.
UM, BUT GRANTED, THIS IS A TOUGHER ONE.
UM, WE ALSO COME BACK TO THE PARKING AGAIN, WHICH WAS REALLY MADE.
AND I, I UNDERSTAND THERE'S EXPENSES TO DOING ALL THIS, BUT THERE'S A LOT OF EMPHASIS ON THE PARKING THIS EVENING.
AND SO IF, UM, YOU KNOW, IF WE HAVE A WAY WHERE WE CAN, YOU KNOW, POTENTIALLY ADDRESS, UH, SOME OF THIS PARKING, AND I THINK WE SAW IN THE DIAGRAM THAT WE'D LOSE SOME ON ONE SIDE OF THE BUILDING.
UM, UM, BUT THERE WOULD STILL BE SOME ON, ON ONE SIDE OF THE BUILDING.
SO, UM, JUST TAKING A LONGER VIEW, THIS IS A, A GREAT OPPORTUNITY FOR THE CITY TO IMPROVE OUR INFRASTRUCTURE ALONG INWOOD, WHICH IS, WHICH IS PART OF OUR LONG-TERM PLAN.
UH, SO I'D LIKE TO, TO SEE THAT THIS IS DENIED.
ANYBODY ELSE? TO ME, THE, THE ISSUE IS THAT YOU HAVE, YOU'RE KICKING THE CAN DOWN THE ROAD.
UH, THAT, THAT'S THE, THE ISSUE THAT I SEE IT, I, I DON'T UNDERSTAND THAT THAT'S A COST AND THE, THAT IT WAS BUILT IN THE SEVENTIES AND DIFFERENT STANDARDS.
YOU HAVE A UTIL EASEMENT IN THE FRONT OF IT.
BUT, UH, APPROVING THIS AND, AND ALLOWING IT TO CONTINUE, IT'S JUST GONNA BE HARDER DOWN THE ROAD POTENTIALLY WITH THAT TRAIL EVER COMES IN.
IF IT WAS A SIDEWALK AND IT WAS A FIVE FOOT, IT'D BE A LOT EASIER.
BUT, BUT THE, THERE'S A STUDY, THERE'S A SITE THAT'S COMPLIED.
SO YOU, YOU'VE GOT MOTION TO EVENTUALLY, IT, IT JUST, UM, AND IT APPROVING THE EXCEPTION KIND OF POTENTIALLY CAUSES DISCUSSION ISSUES DOWN THE ROAD, IN MY OPINION.
SO IT, IT JUST KIND OF, I THINK THIS IS A TOUGH ONE 'CAUSE I SEE THE OTHER SIDE OF IT, BUT I, I, I JUST THINK WE'RE, WE WOULD BE PASSING THIS ON AND IT'S GONNA BE TOUGHER TO DEAL WITH DOWN THE ROAD.
ANY OTHER COMMENTS? YEAH, THIS ONE IS A TOUGH ONE.
UH, WOULD SOMEBODY LIKE TO MAKE A MOTION? I MOVE TO DENY THE SPECIAL EXCEPTION FROM SECTION 34 DASH 2 0 7 A, RELATING TO THE 20 FOOT STREET LANDSCAPE BUFFER FOR CASE NUMBER BZA 25 DASH TWO.
AND DO WE HAVE A SECOND? SECOND, SECOND.
ALL THOSE IN FAVOR OF DENYING THE SPECIAL EXCEPTION FOR THE 20 FOOT LANDSCAPE BUFFER ALONG THE FRONTAGE, PLEASE RAISE THEIR HAND.
[01:15:02]
I SEE FOUR HANDS RAISED.ALL THOSE AGAINST THE MOTION TO DENY WAS A VOTE OF FOUR TO ONE.
THE SPECIAL EXCEPTION IS DENIED.
MOVING ON TO ITEM C, CHAPTER 34, ARTICLE SIX, SECTION 34 DASH 2 0 7 A TWO, LANDSCAPE BUFFER TREE REQUIREMENTS.
WE HAVE SOMEBODY WHO WOULD LIKE TO HAVE A DISCUSSION.
DID HAVE A QUESTION ON THIS ONE, IF THAT'S OKAY? OH, CERTAINLY.
UM, LESLIE, ANOTHER QUESTION FOR YOU ON THIS.
UH, AND IT'S MORE PROCEDURAL, UM, MY UNDERSTANDING, LOOKING AT THE ORDINANCE, THIS WOULD BE CONDITIONS ON THE PERMIT IF THOSE SHADE TREES OR ORNAMENTAL TREES OR APPROVED, IS THAT DONE IN PLAN REVIEW? IS IT DONE IN THE FIELD? UH, THAT, WHEN IS THAT, WHEN IS THAT DETERMINED AND HOW IS IT DOCUMENTED AND, AND HOW IS IT? I AM ASSUMING IT'S A CONDITION ON THE CO.
UM, SO IT WOULD BE DOCUMENTED ON A LANDSCAPE PLAN.
UH, SO IT WOULD BE IDENTIFIED THAT THERE IS A, UH, OVERHEAD, UH, UTILITY IN THAT PARTICULAR AREA.
AND THE CODE ALLOWS STAFF TO APPROVE AN ALTERNATE.
AND THE ALTERNATE IN THIS CASE WOULD BE SWAPPING OUT A SHADE TREE FOR, OR A METAL THAT TYPICALLY DOES NOT, UM, IMPACT THE, UH, OVERHEAD UTILITY LINES OR WOULD NOT IMPACT THEM AS MUCH SIGNIFICANT.
SO, SO IF IT'S APPROVED WITH THE LANDSCAPE PLAN THAT'S APPROVED WITH THIS CASE, AND HOWEVER THAT RETAIL BUILDING GETS ADDRESSED IN THE FUTURE, THAT WOULD BE A NEW LANDSCAPE PLAN FOR THE WHOLE SITE.
UH, POTENTIALLY DEPENDS ON WHAT'S BEING DEVELOPED.
SO, UM, SORRY, I'M TRYING TO THINK OF HOW I CAN ELABORATE ON THIS.
UM, SO IF, UH, AFTER THIS EVENING, UM, ALL OF THE ITEMS THAT THE BOARD OF ZONING ADJUSTMENT, UM, MAKES A DETERMINATION ON, UH, WE WILL THEN HAVE TO GO BACK AND INCORPORATE THOSE IN, IN THE LANDSCAPE PLAN AND THE SITE PLAN AND SO FORTH.
AND THEN ULTIMATELY THAT WILL GET APPROVED.
UM, AND PART OF THE APPROVAL WILL BE CONTINGENT UPON THE, THE, THE BOARD OF ZONING ADJUSTMENT ACTED UPON THOSE ITEMS. SO ESSENTIALLY YOU CAN THINK ABOUT, UM, ALL THE STANDARDS YOU'RE ACTING ON.
UM, IF YOU, IF ANY OF THESE ARE APPROVED, THEN THAT BECOMES THE NEW STANDARD THAT BECOMES THE NEW LAW THAT THAT STAFF FOLLOWS AND THE APPLICANT WOULD FOLLOW.
AND SO ULTIMATELY WE WOULD INCORPORATE THAT INTO THE REVIEW AND INTO THE LANDSCAPE PLAN, AND THEN WE WOULD APPROVE THAT LANDSCAPE PLAN.
UM, AND SO THAT WOULD BECOME THE NEW, THE NEW PLAN FOR COMPLIANCE.
SO ULTIMATELY WHEN, UM, A TENANT WOULD GO TO GET A CERTIFICATE OF OCCUPANCY, WE WOULD BE INSPECTING THE SITE.
WE DO REQUIRE AN INSPECTION UPON A CERTIFICATE OF OCCUPANCY, AND WE WOULD TAKE THOSE APPROVED PLANS AND CONFIRM THAT YOU DID DO, IN FACT, HAVE, I THINK SOMEONE SAID 21 TREES IN THESE LOCATIONS, OR POTENTIALLY, YOU KNOW, YOU HAVE INSTEAD IN LIEU OF SHADE TREES, WE APPROVED ORNAMENTAL AND THERE'S EIGHT OF THEM, OR I DON'T KNOW WHAT, WHAT THE APPROPRIATE NUMBER IS, BUT, SO WE WOULD DOCUMENT THAT ON THE LANDSCAPE PLAN AND IT WOULD BE CONFIRMED VIA SITE INSPECTION.
YEAH, I JUST WANTED MAKE SURE THEY DON'T HAVE AN ISSUE WITH DIFFERENT INTERPRETATIONS DOWN THE ROAD, YOU KNOW? NOPE.
SO THAT, YEAH, THAT'S SOMETHING THAT OUR CODE ALREADY, THE CODE ALREADY ALLOWS US TO ADMINISTRATIVELY MAKE THAT, THAT, UM, THAT ALTER ALTERNATE, UM, MATERIAL BASED UPON SITE CONDITIONS.
I HAVE A QUESTION FOR AS WELL, UM, WELL, OR MAYBE PARKS, BUT, UM, HOW DO YOU KNOW HOW HIGH UP THOSE UTILITY WIRES ARE? BECAUSE I KNOW, UH, THE, THE ORNAMENTAL TREES, THEY'RE GENERALLY SHORTER AND GROW SLOWER, LIKE CREPE METAL OR WHATEVER, BUT THEY DO AFTER SEVERAL DECADES, GET SOMEWHAT TALL.
SO DO YOU KNOW THE, THE HEIGHT OF THOSE WIRES? I DON'T, I DO NOT KNOW THE HEIGHT OF THOSE SPECIFIC, UH, WIRES THAT EXIST TODAY.
UM, THERE ARE SOME ORNAMENTAL TREATS ALONG THE FRONTAGE, UM, AND THAT WOULD BE, UH, A SPECIES SELECTION THAT WE WOULD WANNA HELP EVALUATE TO MAKE SURE THAT THEY AREN'T AS VERTICAL GROWING.
UM, AND THEN ALL TO ADD TO THAT, UH, ENCORE DOES PRUNING TO, YEAH, BUT I, I DON'T WANNA SEE, KEEP THEM OUT.
YOU KNOW WHAT THEY CALL CREPE MURDER INSTEAD OF CREPE MYRTLE.
ANYBODY ELSE HAVE ANY OTHER COMMENTS OR THOUGHTS? DO ALL RIGHT.
I'LL CALL FOR A MOTION ON THE LANDSCAPE BUFFER TREE REQUIREMENTS.
UM, I'D LIKE TO MAKE A MOTION TO, UH, DENY THE SPECIAL EXEMPTION FROM SECTION 34 DASH 2 0 7 A TWO RELATING TO FRONTAGE TREES
[01:20:01]
AND SHRUBS FOR CASE NUMBER BZA 25 DASH TWO.WE HAVE A MOTION AND A SECOND.
ALL THOSE IN FAVOR OF DENIAL FOR OF THE LANDSCAPE OF, FOR TREE REQUIREMENT, PLEASE RAISE THEIR HAND.
THAT ONE IS UNANIMOUS FOR, FOR DENIAL.
THAT'S MOVING ON TO D CHAPTER 34, ARTICLE SIX, SECTION 34 DASH 2 0 7 E ONE PERIMETER PARKING LOT LANDSCAPE STRIP.
OH, I'M SORRY, I'M GONNA READ THAT AGAIN.
D CHAPTER 34, ARTICLE SIX, SECTION 34 DASH 2 0 7 E ONE PERIMETER PARKING LAND LOT LANDSCAPE STRIP.
DO WE HAVE ANY DISCUSSION? WOULD SOMEBODY LIKE TO MAKE A MOTION? I'LL MAKE A MOTION.
UM, I MOVE TO APPROVE THIS SPECIAL EXCEPTION FROM SECTION 34 2 0 7 E ONE RELATING TO THE PERIMETER PARKING LOT LANDSCAPE STRIP FOR CASE NUMBER BZA 25 DASH OH TWO.
DO I HAVE A SECOND? SECOND, SECOND, SECOND ALL PLACE.
ALL THOSE, UH, VOTING TO APPROVE THE MOTION, WHICH IS THE APPROVAL OF THE PERIMETER PARKING LOT LANDSCAPE STRIP.
THAT'S UNANIMOUS FOR APPROVAL.
THAT BRINGS US TO E CHAPTER 34, ARTICLE SIX, SECTION 34 DASH 2 0 7 I ONE, AUTOMATIC IRRIGATION.
DO WE HAVE ANY THOUGHTS? UM, YES.
I, I I THINK THE APPLICANT'S ALTERNATIVE, UM, IS PRETTY VIABLE GIVE, BUT GIVEN THE FACT THAT, THAT IT WILL HAVE TO BE HAND WATERED FOR PROBABLY SIX TO 12 MONTHS, WHICH IS ABOUT THE, THE LENGTH OF TIME IT TAKES ZURICH LANDSCAPING TO TAKE IN, UM, I'M IN COMMERCIAL REAL ESTATE, SO I KNOW SAW CUTTING A LOT AND WHETHER YOU EVEN HAVE THE CAPACITY TO ADD THAT IRRIGATION IS VERY CHALLENGING AND VERY EXPENSIVE.
UM, UH, AND AS LONG AS IT'S, AS I I'M SURE STAFF HAS INPUT ON ZURICH, ON THE ZURICH LANDSCAPING IF, OR YOU WOULD PRESENT THAT TO THE STAFF.
UM, I THINK THAT'S A GREAT ALTERNATIVE.
UM, AND, AND I THINK IT'S A, IT'S A VIABLE, UM, OPTION FOR, YOU KNOW, THAT THE APPLICANT'S PUT TOGETHER.
UM, THIS IS A REALLY HIGH QUALITY PROJECT AND I DRIVE BY THERE ALMOST EVERY DAY, SO IT'S GONNA BE A NICE IMPROVEMENT FOR THAT SECTION OF INWOOD ROAD.
SO I WOULD, UM, I'D JUST LIKE TO THROW THAT OUT TO THE, TO THE BOARD.
HAVE ANY OTHER COMMENTS? YEAH, I, I WOULD AGREE WITH THOSE COMMENTS.
UM, IT, IT'S THE APPLICANT'S RESPONSIBILITY TO KEEP THAT MATERIAL ALIVE.
WE HAVE PEOPLE TO GO AROUND AND LOOK AT THAT STUFF.
SO THERE'S AN INCENTIVE TO MAKE THE PROPERTY LOOK NICE.
UH, IT IS VERY DIFFICULT FOR THE STAFF TO CONVINCE PROPERTY OWNERS TO MAINTAIN LANDSCAPING.
IN FACT, SINCE I'VE BEEN INVOLVED IN THIS TOWN FOR 25 YEARS, THERE HAVE BEEN MANY INSTANCES, AND I'M NOT SAYING YOU WOULD, BUT THERE HAVE BEEN MANY INSTANCES WHERE THE APPLICANTS JUST DO WHAT THEY WANT TO DO, REGARDLESS OF THE LANDSCAPING REQUIREMENTS, CUT DOWN TREES, UH, PRUNE TREES INAPPROPRIATELY.
AND AS TIME GOES BY, I FEEL THAT WITHOUT THE AUTOMATIC IRRIGATION SYSTEMS, THAT THE LANDSCAPING WILL DECLINE PRECIPITOUSLY OVER FIVE TO 10 YEARS.
SO, WOULD ANYBODY LIKE TO MAKE A MOTION? I HAVE A FEELING.
UH, WOULD ANYBODY LIKE TO MAKE A MOTION? I, I WILL MAKE A MOTION TO APPROVE THE SPECIAL EXCEPTION FOR SECTION 34 DASH 2 0 7 I ONE.
SHOULD I PUT MY GLASSES ON FOR THIS? I ONE, UH, RELATING TO AUTOMATIC IRRIGATION FOR CASE NUMBER BZA 25 DASH ZERO TWO.
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SECOND.WE HAVE A MOTION AND A SECOND TO THE APPROVE THE, UH, SPATIAL EXCEPTION FOR AUTOMATIC IRRIGATION.
IS THERE ALREADY AUTOMATIC IRRIGATION ON THE FRONT OF FRONTAGE OF IT, OR IS IT ALL MANUALLY WATERED? CURRENTLY THERE ARE PLACES WHERE, WHERE THERE'S EXISTING AUTOMATIC IRRIGATION, WE WOULD CONTAIN THAT.
UM, WHAT IF, COULD THEY RE, LIKE IF THERE WAS AN ISSUE WITH THE AUTOMATIC IRRIGATION, COULD THEY NOT REPAIR IT? IF WE MAKE THIS EXCEPTION, I CARE.
I THINK THE FRONTAGE PART IS THE MOST IMPORTANT.
SO HOW THE REQUEST WOULD BE DOCUMENTED IS, UH, THE APPLICANT IS REQUESTING THAT THE NEW LANDSCAPE AREAS THAT ARE PROPOSED THAT DO NOT HAVE IRRIGATION, UM, THAT THEY WOULD NOT INSTALL NEW IRRIGATION, AUTOMATIC IRRIGATION, EXCUSE ME.
AND SO, UM, BY POTENTIALLY APPROVING THIS, BY THE BOARD APPROVING THIS, THAT WOULD NOT PRECLUDE THEM FROM MAINTAINING THE AREAS THAT ALREADY EXIST.
UH, AND IF I'M NOT MISTAKEN, THE SPOT WHERE THE EXISTING BUILDING IS GOING TO BE TORN DOWN, THAT LOOKED GREEN ON SOMEBODY'S PICTURE, I ASSUME THAT WOULD BE LANDSCAPING.
THE, THE APPLICANT HAS PROPOSED TO, UM, CONVERT THAT FROM A BUILDING, UH, TO OPEN SPACE.
UM, I WOULD HAVE TO THERE, I BELIEVE THERE IS IRRIGATION IN THAT AREA, WHETHER OR NOT THEY ARE, UH, I BELIEVE THE REQUEST IS PROPOSING TO NOT PROVIDE AN EXTENSION OF THAT IRRIGATION WITHIN THAT AREA, BUT I WILL, UH, DEFER TO THE APPLICANT IF THEY HAVE ADDITIONAL INFORMATION ON THAT.
COULD YOU, COULD YOU COME TO THE MIC PLEASE? YEAH, YEAH, BECAUSE IT'S, UH, FOR THE FUTURE RECORDING IN THE AREA WHERE THE BUILDING WOULD BE TORN DOWN.
IF THERE IS IRRIGATION AROUND THE PERIMETER OF THAT, WE WOULD EXTEND THAT IRRIGATION INTO THE CENTER OF THAT.
WE, WE CAN, UH, CHAIR YOU MIGHT WANNA GO AHEAD AND JUST SWEAR HIM IN SINCE OKAY.
UM, SO FOR INSTANCE, THIS AREA RIGHT HERE, AS YOU'RE SAYING, IS CURRENTLY GREEN.
UH, IF THERE IS IRRIGATION IN THERE, WE HAVE NO ISSUES WITH EXTENDING THAT THROUGH THERE.
THE ISSUE WE HAVE, THE CONCERN IS HAVING TO SAW, CUT AND TEAR UP CONCRETE AND PIPE AROUND WHERE THERE MAY NOT BE IRRIGATION CURRENTLY.
SO IF IT'S EASY TO, IF WE CAN DO AN EXTENSION OFF OF THE CURRENT LOCATIONS YEAH, WE WILL DO THAT.
I I WOULD SUGGEST THAT IF WE WERE TO MAKE A MOTION TO APPROVE THE AUTOMATIC, TO APPROVE THE AUTOMATIC IRRIGATION REQUEST TO NOT IRRIGATE NEW LANDSCAPING THAT WE REQUIRE, IF WE CAN, THAT, IF THAT IS, IF THAT AREA WHERE THE BUILDING IS BEING TORN DOWN NEEDS TO BE IRRIGATED WITH AUTOMATIC IRRIGATION.
SO IF WE, IF SOMEONE DESIRES TO MAKE A MOTION TO, IN THAT REGARD TO, YOU WANT TO PUT YOUR MOTION BACK, CAN WE DO THAT? WE AMEND THE MOTION.
SO THE, UM, OH YEAH, MIKE MADE THE MOTION.
SO, UM, THERE YOU COULD, UM, ASK TO AMEND THE MOTION.
UM, BUT WE DO NEED TO RESOLVE OR DISPOSE OF THE, THE MOTION THAT'S CURRENTLY ON THE TABLE.
'CAUSE IT HAS BEEN, OH YEAH, I'M SORRY.
THERE HAS BEEN A MOTION AND A SECOND.
SO LET ME ASK YOU THIS, WOULD YOU BE WILLING TO WITHDRAW YOUR SECOND FOR A MOMENT? SURE.
AND WOULD YOU BE WILLING TO WITHDRAW YOUR MOTION AND MAKE A NEW ONE? UH, YES.
SO I'LL, OKAY, THE MOTION IS WITHDRAWN.
UH, WITH WHAT'S ALREADY HAPPENED, IF WE'RE MOVING TOWARD A PARKING, WE MAY NOT TEAR THIS BUILDING DOWN.
AH, IF, IF WE CAN GET A PARKING REDUCTION, THEN WE WILL LET, RIGHT? SO IF IT'S AN, IF WE TEAR IT DOWN, THAT'S FINE, BUT JUST, OKAY, WE'VE, I DON'T KNOW IF WE'RE GONNA BE BACK NEXT MONTH WITH A PARKING REDUCTION OR IF WE'RE GONNA WORK THAT OUT.
SO, UM, AS I MENTIONED EARLIER, ALL OF THESE, UM, ITEMS THAT YOU ARE, UM, VOTING ON THIS EVENING, IF THEY ARE APPROVED, UH, WITH FOUR OF THE PLUS MEMBERS, THEN THAT WOULD BECOME THE NEW STANDARD.
THAT DOES NOT NECESSARILY MEAN THE APPLICANT IS REQUIRED TO FOLLOW THEM.
IF, UM, LET'S SAY, I DON'T KNOW, IRRIGATION, IF, UM, THIS GETS PROVED HYPOTHETICALLY AND TOMORROW THE APPLICANT TURNS AROUND AND SAID, AH, WE'RE JUST GONNA IRRIGATE ANYWAYS.
UH, THEY CAN DO SO THEY CAN ALWAYS MEET OUR STANDARD.
IT'S NOT REQUIRED THAT THEY, UH, USE THE RELIEF THAT YOU MAY
[01:30:01]
GRANT.UM, SO I DON'T KNOW THAT IF THE BOARD WOULD LIKE TO APPROVE THIS, I DON'T KNOW THAT THAT WOULD PUT THEM, UH, THE APPLICANT IN A STICKY SITUATION IN THE FUTURE.
I JUST WANNA MAKE A CLEAR, SORRY, I COULDN'T GET THE MICROPHONE ON IN TIME EARLIER, BUT JUST TO CLARIFY PROCEDURALLY WHAT WE'RE DOING.
UM, SO WE HAD A MOTION ON THE TABLE.
AND SO WHAT NEEDS TO HAPPEN NOW IS WE'RE GOING TO AMEND THE MOTION SO SOMEONE CAN MAKE A MOTION TO AMEND THE MOTION THAT'S PENDING RIGHT NOW.
AND THEN SOMEONE WILL SECOND THAT.
DIDN'T WE WITHDRAW IT ALREADY? THAT'S, THAT'S WHAT I WANTED TO CLARIFY.
SO THAT'S NOT TECHNICALLY HOW IT WORKS.
SO I GUESS, SO, SO IF OUR ATTORNEY ADVISES THIS, THAT THAT ORIGINAL MOTION IS STILL ON THE TABLE AND THE SECOND IS STILL ON THE TABLE.
SO IN ORDER, IN ORDER TO CHANGE THAT, WE NEED TO, WE JUST NEED MAKE A MOTION TO AMEND, TO AMEND THE EXISTING MOTION.
AND, AND MIKE COULD AMEND HIS OWN MOTION.
SO, UH, WOULD YOU LIKE TO AMEND, MAKE A MOTION TO AMEND YOUR MOTION?
UH, FOR THE SOUTHERN RETAIL BUILDING.
YEAH, FOR THE RECORD, I WOULD, UM, DESCRIBE IT AS THE SOUTHERN RETAIL, UM, BUILDING.
SO, UM, I'D LIKE TO AMEND MY MOTION TO, DO I HAVE TO REPEAT THE MOTION? NO.
AND YOU CAN ACTUALLY JUST SAY, SO MOVED SINCE THE CHAIR IS SO MOVED.
ALL IN FAVOR OF AMENDING THE ORIGINAL MOTION.
NOW WE HAVE THE AMENDED MOTION ON THE TABLE, AND WE'RE GOING TO TAKE A VOTE ON THE ORIGINAL MOTION AS AMENDED FOR APPROVAL OF THE AUTOMATIC IRRIGATION REQUIREMENT WITH THE ADDITION OF IF THAT BUILDING IS TORN DOWN, THAT THAT GR, THAT GREEN GREENERY THAT'S ADDED IS, UH, AUTOMATIC, HAS AUTOMATIC IRRIGATION.
ALL IN FAVOR OF THAT MOTION, PLEASE RAISE YOUR HAND.
ALL OPPOSED, THAT MOTION IS APPROVED BY A VOTE OF FOUR TO ONE.
THANK YOU MADAM ATTORNEY FOR KEEPING US ON TRACK.
THAT MOVES ITEM F CHAPTER 34, ARTICLE SIX, SECTION 34 DASH 2 0 8 B TWO REPLACEMENT TREES.
DO I HAVE A MOTION OR A DISCUSSION? I'LL MAKE A MOTION IF WE DON'T HAVE ANY DISCUSSION.
UM, I VOTE, UH, I MAKE A MOTION TO APPROVE THE SPECIAL EXEMPTION FROM SECTION 34 DASH 2 0 8 B TWO RELATING TO REPLACEMENT TREES FOR CASE NUMBER BZA 25 DASH ZERO TWO.
I HAVE A SECOND, SECOND MOTION AND A SECOND.
ALL THOSE, UH, APPROVING THE SPECIAL EXCEPTION FOR REPLACEMENT TREES, PLEASE RAISE THEIR HAND.
THAT IS UNANIMOUS FOR APPROVAL.
THAT LEADS US TO G ARTICLE APPENDIX A, A ARTICLE 19, A SECTION SEVEN B FOUR PARKING LOT ISLAND.
THIS IS THE ONE ASSOCIATED WITH THE BELTLINE ROAD REQUIREMENTS THAT ARE NOT APPLICABLE, BUT FOR COMPLETENESS, I'LL GO AHEAD AND MOVE TO FIND THE APPENDIX.
A ARTICLE 19 A SECTION SEVEN B FOUR IS NOT APPLICABLE.
THE CASE NUMBER EZA 25 DASH TWO AND THAT NO ACTION IS REQUIRED AND I NEED TO DO THAT AGAIN BECAUSE MY MICROPHONE WASN'T ON.
I, I MOVED TO FIND THE APPENDIX.
A ARTICLE NINE 19 A SECTION 74 IS NOT APPLICABLE TO CASE NUMBER BZA 25 DASH OH TWO AND THAT NO ACTION IS REQUIRED.
ALL THOSE IN FAVOR OF THE MOTION, PLEASE RAISE THEIR HAND.
[01:35:02]
IS APPROVED UNANIMOUSLY.THAT BRINGS US TO THE END OF, UH, ITEM NUMBER TWO ON THE AGENDA.
UM, DUE TO IN, IN STATE LAW, THERE IS A REQUIREMENT THAT WE OPEN MEETINGS FOR CITIZEN COMMENTS SO THAT ANY CITIZEN CAN MAKE A COMMENT ON ITEMS THAT ARE NOT ON THE AGENDA.
DO WE HAVE ANY CITIZENS THAT DESIRE TO MAKE ANY COMMENTS ABOUT ITEMS THAT WERE NOT ON THE AGENDA? I SEE NONE.
SO THE CITIZEN COMMENT PERIOD IS, HAS ENDED.
AND WITH THAT, I'D LIKE TO ADJOURN THE MEETING.