Aug 01, 2023 City Planning Commission Meetings

ONES ADJACENT TO THE PROPERTY DIRECTLY.

THIS IS CASE 23 0 1 A SCREENING VARIANCE FOR THE ZION CHURCH LOCATED AT 1620 EAST ARAPAHOE ROAD.

HERE WE'VE GOT OUR OVERHEAD VIEW.

THIS PROPERTY IS LOCATED WITHIN THE R 1500 M, WHICH IS A RESIDENTIAL DISTRICT, AND ALL OF THE SURROUNDING PROPERTIES TO THE NORTH, SOUTH, EAST, AND WEST ARE ALSO RESIDENTIAL PROPERTIES, RESIDENTIAL ZONE PROPERTIES.

BACK IN 2016, UH, THE COMMISSION AND THE COUNCIL APPROVED A LANDSCAPE AND SITE PLAN THAT INDICATED A SIX FOOT HIGH WROUGHT IRON FENCE WITH BLACK, WITH BRICK PIAT PI LASTERS WITH, UH, EIGHT FEET ON CENTER IN COMBINATION WITH A EIGHT FOOT LANDSCAPE BUFFER HIGHLIGHTED THERE IN GREEN.

UH, TODAY THE EXISTING CONDITIONS, IF YOU LOOK AT THE PICTURE ON THE LEFT, YOU HAVE THE SOUTHERN PROPERTY LINE.

HERE YOU HAVE THE ALLEYWAY WHERE THE LANDSCAPE BUFFER WOULD BE LOCATED.

AND ON THE RIGHT HAND SIDE, YOU HAVE THE ALLEYWAY LOOKING TO THE NORTH TOWARDS ARAPAHOE ROAD, WHERE THE SECOND, UH, SIDE OF THE, THE BRICK WALL AND LANDSCAPE BUFFER WOULD'VE BEEN REQUIRED.

THE REQUEST TONIGHT IS TO WAVE THE WALL OR FENCER REQUIREMENT BETWEEN THE CHURCH SITE AND THE ALLAN NEIGHBORHOOD, WHICH IS HIGHLIGHTED HERE IN RED.

THE APPLICANT WILL STILL COMPLY WITH THE EIGHT FOOT WIDE LANDSCAPE BUFFER REQUIREMENT AND WILL PROVIDE A FOUR FOOT TALL, UH, SHRUB ROW WITHIN THIS BUFFER HIGHLIGHTED IN THE GREEN.

UH, THE APPLICANT WENT OUT TO THE COMMUNITY AND HOSTED A, UH, A COMMUNITY EVENT WHERE THEY ASKED THE FOLKS LIVING IN THE DUCK CREEK NEIGHBORHOOD TO, TO GIVE INPUT ON THEIR, UH, PROPOSED PROJECT AND THEIR PROPOSED, UH, VARIANCE.

UH, THE APPLICANT STATED THERE WAS SIGNIFICANT, UM, TURNOUT.

THERE WAS ABOUT 30 PEOPLE THAT WERE THERE AND THERE WAS OVERWHELMING, UH, SUPPORT IN THE, FOR THE PROJECT AND HIS FUTURE DEVELOPMENT.

THE, THE APPLICANT SPECIFICALLY REACHED OUT TO THE PROPERTIES IN YELLOW, WHICH WOULD'VE BEEN WHICH ARE THE

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UH, THE FOLKS OR THE, THE, THE PROPERTY OWNERS IN YELLOW ARE THE ONES WHO SIGNED, UH, APPROVAL.

UH, A DOCUMENT THAT'S IN YOUR PACKETS SAYING THEY SUPPORT THE PROJECT.

UH, NO RESPONSES WERE RECEIVED FROM THE TWO BLUE PROPERTIES ON THE WEST SIDE, 1607 AND 1608.

IN SUMMARY, THE APPLICANT REQUESTS A VARIANCE TO THE REQUIREMENT TO SCREEN PARKING AREAS FOR RELIGIOUS INSTITUTIONS IN RESIDENTIAL DISTRICTS FROM ADJACENT SINGLE FAMILY RESIDENTIAL DISTRICTS.

THE APPLICANT REQUESTS TO WAIVE THE REQUIREMENT TO CONSTRUCT A SIX FOOT HIGH BROAD IRON FENCE OR MASONRY WALL ALONG THE EAST AND SOUTH PROPERTY LINES.

THE APPLICANT STILL INTENDS TO COMPLY WITH THE REQUIREMENT TO PROVIDE AN EIGHT FOOT WIDE LANDSCAPE BUFFER WITH FOUR FOOT HIGH EVERGREEN SHRUBS ALONG THE PERIMETER.

IF YOU HAVE ANY QUESTIONS, I WILL TAKE THEM.

UH, ANY QUESTIONS? I KNOW WE COVERED THIS IN THE BRIEFING SESSION, UH, JUST BEFORE THIS.

SO, UM, YOU KNOW, UH, I'LL JUST REPEAT A COUPLE OF MY COMMENTS, UH, FROM FROM THE SESSION THAT, UH, YOU KNOW, I DIDN'T REALLY UNDERSTAND, UM, WHY THERE WAS A NEED FOR, FROM A SCREENING STANDPOINT TO HAVE A WROUGHT IRON FENCE, UH, THAT WHICH WAS APPROVED PREVIOUSLY.

THAT'S NOT MUCH OF A SCREEN.

SEEMS TO ME THAT THE SHRUB IS REALLY THE KEY, UH, KEY PART OF THAT.

UH, IN TERMS OF, UM, BLOCKING THE HEADLIGHTS FROM THE, THE VEHICLES.

UM, OBVIOUSLY ALL THESE HOUSES BACK UP TO THIS, THIS IS THEIR ALLEYWAY, THEIR GARAGES, MOST OF THOSE BACKYARDS ARE FENCED ALREADY.

UM, SO IT'S NOT LIKE FOLKS ARE LOOKING OUT OF THEIR, YOU KNOW, LIVING ROOM INTO THE CHURCH PARKING LOT.

UH, I THINK THE, UM, UH, THE CHURCH DID A GREAT JOB IN TERMS OF THE COMMUNITY OUTREACH AND, UM, MEETING WITH THE NEIGHBORS HOSTING AN, AN EVENT THERE AND, AND CERTAINLY GETTING SIGNATURES OF EVERY ONE OF THE HOMEOWNERS THAT, UH, BORDERS, YOU KNOW, THE EAST AND THE SOUTH SIDES, UH, WITH 12, 12 OF THOSE NEIGHBORS SIGNING A PETITION IN FAVOR OF IT.

UH, THE ONLY TWO THAT DIDN'T WERE ON THE OTHER SIDE OF THE STREET AND DIDN'T RESPOND ONE WAY OR THE OTHER.

SO THAT SPEAKS VERY HIGHLY OF IT.

UM, AND I'M GLAD TO SEE THAT THEY'RE STILL WILLING TO DO THE EIGHT FOOT LANDSCAPE BUFFER AS WELL AS THE FOUR FOOT HIGH SHRUBS.

I'M GLAD TO HEAR THAT.

UH, YOU KNOW, THERE WOULD BE A REQUIREMENT THAT THAT WOULD BE A PERMANENT, UH, REQUIREMENT FOR THAT SHRUBBERY TO STAY IN PLACE.

AND THERE WOULD NEED TO BE IRRIGATION, THINGS LIKE THAT, SO IT WOULDN'T DIE OFF AND WOULD BE MAINTAINED, UH, TO PROVIDE THAT SORT OF SCREENING.

SO, UH, IT SEEMS LIKE THEY'VE COMPLIED, YOU KNOW, IN ALL RESPECTS.

BUT, UM, CERTAINLY IF THE APPLICANT IS HERE, UH, WE, WE WANNA GIVE YOU A CHANCE TO, UH, TO COME FORWARD AND, UH, GIVE WHATEVER REMARKS OR, OR NOT.

IT'S UP TO YOU.

JUST PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

UH, MY NAME IS ROY THOMAS.

I'M ONE OF THE BOARD BOARD MEMBERS OF ZION CHURCH, UH, ONE OF THE ELDERS AND PASTOR OF THE CHURCH.

AND YOUR ADDRESS? UH, MY ADDRESS, PERSONAL ADDRESS IS, UH, TWO 11 TANNER CREEK CIRCLE, SUNNYVALE, TEXAS.

AND, UH, BEEN MEMBER OF THE CHURCH FOR THE LAST 20 PLUS YEARS, SO.

ALL RIGHT.

NEIGHBORS WANTED AND, UH, WE WILL, WOULD LIKE TO GO WITH THAT IF, UH, IF YOU ALL APPROVE ON THAT.

UM, I THINK THE, UH, EXPLANATIONS BE PRETTY, PRETTY CLEAR.

I THINK WHAT WE ARE ASKED TO FENCE IS ONLY TWO SIDES OF THE PROPERTY.

WE'RE NOT FENCING THE ENTIRE PROPERTY AT ALL, SO IT'S JUST GOING TO BE OPEN ON TWO SIDES.

ON THE, UH, WEST SIDE OF THE NORTH SIDE, IT'S JUST THE, UH, SOUTH AND THE UH, UH, EAST THAT'S GONNA BE FENCED.

UM, AND I THINK, UH, MORE THAN US, I THINK THE NEIGHBORS WERE MORE PROACTIVE IN REQUESTING THAT THERE BE NO FENCE, UM, BECAUSE THEY PREFERRED A WAY TO KEEP IT THE WAY IT IS RIGHT NOW.

UM, THE FENCES FOR THE PURPOSE OF SCREENING, AND AS YOU AS HAD MENTIONED EARLIER, UM, THE ROD IRON FENCES OF LESS SCREENING THAN PROBABLY THE SHRUBS.

THE SHRUBS CAN DO A BETTER SCREENING, UH, ESPECIALLY FOR THE HEADLIGHTS OF THE CARS AND STUFF LIKE THAT.

UH, SO IT WOULD BE MUCH MORE BETTER TO HAVE A SHRUB SCREENING, UH, THAN THE ROYAL ISLAND FENCE SCREENING, I THINK.

UH, UM, SO, SO WHEN WE HAD THE H O A MEETING AND THE H O A PRESIDENT IS HERE, HE WAS A WITNESS TO THAT.

UM, EVERYONE THERE WHO ATTENDED HIM, WHO WAS IMMEDIATELY AFFECTED BY THE FENCE, UH, BY RIGHT CLOSE TO THEIR HOUSE, THEY WERE ALL IN FAVOR OF NOT HAVING A FENCE, BUT, YOU KNOW, JUST HAVE A LANDSCAPE, UH, WHICH WOULD LOOK BETTER AND DO A BETTER PURPOSE.

SO, UH, THAT'S WHAT WE, WE SAW, AND WE, WE TOOK THE INITIATIVE TO HAVE THEM SIGN OFF AND PUT A SIGNATURE CAMPAIGN ON THAT, AND, AND THEY ALL DID.

A HUNDRED PERCENT OF THEM HAVE SIGNED OFF ON THAT.

SO, SO WE FEEL, UH, COMFORTABLE THAT WE'RE IN LINE WITH WHAT THE

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ANY OTHER QUESTION, YOU CAN ASK ANY QUESTIONS OF THE APPLICANT.

ANYBODY, ANYONE, ANYBODY ELSE WOULD LIKE TO SPEAK IN FAVOR OF THE, UH, REQUEST? MY NAME IS ANTHONY RICE.

I'M AT 1505 CREEKSIDE DRIVE.

I'M THE PRESIDENT OF THE DUCK CREEK HOMEOWNERS ASSOCIATION, AND I'M NOT HERE TO REPRESENT THE MEMBERSHIP, BUT I DID WANT TO, UH, JUST TO BE SUPPORTIVE.

ZION HAS BEEN, HAS REACHED OUT TO THE COMMUNITY.

THEY'VE ASKED ME TO, TO, TO CONTACT THE NEIGHBORS AND HELP THEM START THEIR GROUND, THEIR, THEIR GROUND, KNOCKING ON THE DOORS AND GETTING ALL THE SIGNATURES THEY NEEDED.

AND I REALLY APPRECIATE THEIR, THEIR OUTREACH.

UH, THEY'VE BEEN, YOU KNOW, FORTHCOMING WITH US IS ABOUT THEIR INTENTIONS.

AND THEN AS, AS THEY'VE MENTIONED, IS, IS THE NEIGHBORS THAT SURROUNDED, THAT SIGNED THE PETITION, UM, THIS IS SOMETHING THAT THEY WANTED.

AND IT WAS ALMOST AS IF THEY ASKED FOR IT BEFORE ZION ASKED FOR IT.

SO, UH, IT WOULD BE VERY APPRECIATIVE TO SEE THIS FOR OUR NEIGHBORS.

IF THIS VARIANCE COULD GO, IF THIS, UH, UH, WELL, I GUESS EXCEPTION TO THE VARIANCE WOULD, WOULD BE TAKE, UH, WOULD TAKE PLACE.

ANYONE ELSE IN FAVOR OF THE REQUEST? ANYONE OPPOSED? POSED OKAY.

SEEING NO OTHER COMMENTS.

ANY OTHER QUESTIONS OF THE STAFF OR ANY OTHER COMMENTS? AARON, DID YOU HAVE ANYTHING ELSE? I HAVE NOTHING ELSE TO ADD TO THAT.

WE HAVE, UH, GEN ITEM THREE, UH, WHICH IS VARIANCE NUMBER 23 DASH OH TWO, PET SUPPLIES PLUS PARKING VARIANCE.

UH, WELL THEN, UM, BE LOOKING FOR A MOTION COMMISSIONER CONSTANTINO, MR. CHAIRMAN, I MOVE THAT WE RECOMMEND APPROVAL OF, UH, VARIANCE 23 DASH OH ONE AS REQUESTED.

COMMISSIONER KELLER.

I'LL SECOND THE MOTION.

I HAVE A MOTION TO APPROVE, UM, VARIANCE, UH, 23 DASH OH ONE AS PRESENTED WITH A SECOND.

ALL THOSE IN FAVOR RAISE YOUR RIGHT HAND, AND THAT CARRIES UNANIMOUSLY.

CONGRATULATIONS.

UM, NEXT

[3. Variance 23-02 – Pet Supplies Plus Parking Variance: Consider and take necessary action on a request for a variance to Appendix A (Comprehensive Zoning Ordinance) of the City of Richardson’s Code of Ordinances: Article XXII-D, Sec. 1(h)(1)(l)(2) to allow a 31-space parking reduction to accommodate an 11,647-square foot retail use within an approximately 63,000-square foot building. The property is located at 1300 E. Belt Line Road, on the south side of Belt Line Road, west of Plano Road. Property Owner: Mark Cohen, Duane Texas Properties, LLC. Staff: Aaron Zilz. ]

AND, UH, AARON, I BELIEVE THIS IS YOURS TOO.

YES, COMMISSIONERS.

UM, WE HAVE THE SECOND VARIANCE HERE, 2302, WHICH IS A PARKING REDUCTION FOR A RETAILER KNOWN AS PET SUPPLIES PLUS, WHICH WILL BE GOING, UH, AT 1300 EAST BELTLINE ROAD.

HERE WE HAVE THE OVERHEAD PROPERTY.

IT'S THE SOUTHWEST CORNER OF EAST BELTLINE AND SOUTH PLANO.

UH, IT'S HIGHLIGHTED THERE IN YELLOW.

IT IS JUST THAT NORTH PART OF THE PROPERTY THAT IS A SEPARATE PROPERTY FROM THE ONE TO THE SOUTH.

UH, HERE WE HAVE THE OVERALL SITE PLAN.

PET SUPPLIES PLUS WILL BE TAKING UP, UH, 11,647 SQUARE FEET OF THE EXISTING BUILDING, UH, WHERE YOU HAVE THE FLAMING BUFFET, MODERN IMAGE, KRISHNA JUICE, MOCHI NUT, O'REILLY'S AUTO PARTS, AND THE PLANET FITNESS THERE TO THE SOUTH.

SO THE APPLICANT AND THEIR CONSULTANT WENT OUT AND DID A, UH, CALCULATION OF, OF THE EXISTING PROPERTY THERE.

PET SUPPLIES PLUS THERE IS AT THE TOP WITH THEIR SQUARE FOOTAGE, UH, THAT BREAKS DOWN TO A, A PARKING RATIO OF BUILDINGS.

OVER 10,000 SQUARE FEET IS 30 PL SPACES, PLUS ONE PER 200 SQUARE FEET OVER THE 10,000 THAT CALCULATES OUT TO 80.

YOUR SALON IS THREE.

YOUR THREE RESTAURANTS IS 1 29.

AND PLANET FITNESS, WHICH IS, UH, SUBDIVIDED, NOT SUBDIVIDED, BUT BROKEN DOWN INTO TWO SEPARATE AREAS.

THE CALCULATED AREA IS THE 18,857 IS A ONE FOR 100, AND THAT CALCULATES OUT TO 125 REQUIRED SPACES.

THIS ALSO INCLUDES THE 64 SPACE REDUCTION PER VARIANCE, UH, 22 DASH ZERO ONE.

SO BASED OFF OF THIS, UH, STRICT CALCULATION, THE TOTAL REQUIRED WOULD BE 337, AND THERE'S CURRENTLY, UH, 3 0 6 ON SITE.

THE APPLICANT ALSO PROVIDED PARKING COUNTS FOR THIS PARTICULAR AREA.

REMEMBER, THAT'S JUST THAT PROPERTY TO THE NORTH.

UH, THEY FOUND THE, THE HIGHEST PEAKS WERE ON TUESDAY EVENING, A WEDNESDAY EVENING, AND MONDAY EVENING.

THAT ALSO CON COINCIDES WITH THE PROP, UH, THE INFORMATION THAT PLANET FITNESS GAVE, UH, TO, TO THE COMMISSION, UH, FOR, FOR THAT PREVIOUS VARIANCE.

2201, UH, STAFF ALSO WENT OUT THERE AND DID OUR OWN COUNTS, UH, DURING THE PEAK TIMES AND FOUND SIMILAR NUMBERS.

SO YOU'VE GOT A PEAK HERE, UH, ON THAT WEDNESDAY OF 1 34, UH, LEAVING A REMAINING 172 UNOCCUPIED SPACES WITHIN THE PARKING LOT.

UH, IN SUMMARY, THE

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REQUEST, UH, WOULD ALLOW A 31 SPACE PARKING REDUCTION TO ACCOMMODATE THE USE.

SUBJECT PROPERTY PROVIDES A TOTAL OF 306 SPACES.

ADDITIONAL RETAIL, WHICH IS THE PET SUPPLIES PLUS, UH, CREATES THAT 31 SPACE, UH, DEFICIENCY PER CODE.

UH, BASED ON THE OBSERVATIONS, NO MORE THAN 134 PARKING SPACES ARE OCCUPIED DURING THE PEAK TIMES, LEAVING 172 UNOCCUPIED PARKING SPACES ON THE PROPERTY AVAILABLE FOR PET SUPPLIES.

PLUS, LIKE I SAID BEFORE, STAFF HAS CONDUCTED THEIR OWN COUNTS AND FOUND SIMILAR NUMBERS TO THE ONES PROVIDED BY THE APPLICANT.

I'LL NOW TAKE QUESTIONS IF YOU HAVE ANY.

UH, ONCE AGAIN, WE, UH, COVERED THIS FAIRLY EXTENSIVELY DURING OUR BRIEFING SESSION.

I THINK WE GOT MOST OF OUR QUESTIONS OUT THERE.

UM, ASKED, UH, ANYBODY THINK OF ANYTHING ELSE THAT WASN'T COVERED? OKAY.

UM, SO I, AGAIN, I'LL, I'LL ASK THE APPLICANT.

LOOKS LIKE WE GOT SOME FOLKS HERE.

UH, IF YOU WOULD LIKE TO, UH, COME FORWARD.

UH, PLEASE STATE YOUR NAME AND ADDRESS AND, UH, CARL CROWLEY, 2201 MAIN STREET, DALLAS, TEXAS.

UM, UH, AARON STOLE MY, MY JOKE ABOUT, NOT REALLY A JOKE ABOUT PARKING.

YOU DON'T PARK FOR TWO TIMES A YEAR.

YOU DON'T PARK A MALL PRE PANDEMIC.

OF COURSE, EVERYTHING FOR THE, FOR EITHER THE DAY AFTER THANKSGIVING, OR ACTUALLY THE WORST DAY WOULD BE, UM, THE SAT FIRST, LAST SATURDAY BEFORE CHRISTMAS.

AND YOU DON'T PARK CHURCHES FOR CHRISTMAS AND OR CHURCHES FOR CHRISTMAS AND EASTER.

UM, THIS PARKING, WE WENT OUT THERE EXTENSIVELY.

THE OWNER WENT OUT THERE AND CHECKED.

THERE'S, THERE'S A LOT OF PARKING OUT THERE.

UM, I ACTUALLY WENT TO A PLANET FITNESS.

UH, IT DOESN'T LOOK LIKE I DID THIS MORNING, BUT I DID.

I NEED TO GO MORE OFTEN.

OBVIOUSLY, MY WIFE TELLS ME THAT EVERY DAY.

UM, AND IF, IF YOU, IF YOU ARE MEMBER OF PLANET FITNESS, THEY ACTUALLY HAVE AN APP, AND ON THEIR APP IT SAYS WHEN THEIR PEAK TIMES ARE.

AND IF YOU LOOKED AT IT, THAT'S THEIR PEAK TIMES, PRETTY MUCH THE SAME TIME, FIVE IN THE MORNING, SOMEONE MENTIONED FIVE TO EIGHT.

UH, SATURDAYS, NOT SO MUCH.

FRIDAY NIGHTS, DON'T EVEN THINK ABOUT IT.

NO ONE WANTS TO GO WORK OUT ON A FRIDAY NIGHT PRETTY MUCH.

UM, AND THEN IF YOU ALSO LOOK AT PET SUPPLIES, PLUS THEY HAVE A SIMILAR THING ON THEIR APP THAT SAYS WHEN THEIR TIMES OR PEAKS ARE, AND IT'S WHAT THEY MENTIONED.

SOMEONE MENTIONED MONDAY AT 11 IN THE MORNING.

WELL, THAT'S BECAUSE, OOPS, ON SUNDAY, THEY REALIZE THEY'RE RUNNING OUTTA PET FOOD AND THEY BETTER GO MONDAY, FRIDAY AT EIGHT O'CLOCK AT NIGHT, WHICH SOUNDS KIND OF UNUSUAL.

MAYBE IT'S A DATE NIGHT AT PET SUPPLIES PLUS, I DON'T KNOW.

BUT AGAIN, I THINK IT'S, OOPS, WE'RE OUT OF PET FOOD FOR THE WEEKEND.

AND THEN SATURDAY, WHICH IS KIND OF THE OBVIOUS ONE, SATURDAY AND SUNDAY DURING THE DAY ARE THEIR PEAK TIMES.

AND, UH, I'M SURE THEY'D LOVE TO HAVE A LOT OF, UH, PEOPLE THERE.

BUT AS THEY MENTIONED, THEIR PEAKS ARE PROBABLY 10 TO 15 PEOPLE, SO MAYBE 20 TO 25 PARKING SPACES.

BUT AGAIN, IF YOU LOOKED AT THE, THE ACCOUNTS THERE, THERE'S 150 ISH, EVEN IN THAT SCENARIO, THAT WOULD STILL BE LEFT OVER.

SO THERE'S PLENTY OF PARKING.

UH, AND THE, THE AERIAL PHOTO, OBVIOUSLY, I AGREE, PLANET FITNESS PROBABLY WASN'T OPEN, BUT AS YOU LOOK AT THE SHOPPING CENTER TO THE SOUTH, THERE'S OBVIOUSLY A LOT OF PARKING THERE.

WE'RE NOT GONNA BLEED INTO THAT PARKING.

AND THEY HAVE EXCESS PARKING TOO.

THEY RECEIVED A VARIANCE, A SMALLER ONE BACK IN 2007, OBVIOUSLY WE RECEIVED ONE FOR PLANET FITNESS.

AS, UH, AARON AND CHRIS MENTIONED TO YOU, THE PLANET'S FITNESS ONE IS BASICALLY TIED TO A FITNESS CENTER, MAYBE 24 HOUR OR PICK ANOTHER FITNESS CENTER DU JOUR.

UM, BUT IT'S TIED TO THAT.

UM, UH, THE FURNITURE STORE THAT WAS THERE LASTED ABOUT A YEAR.

UM, THERE WAS A FIRE IN THAT SPACE.

THERE WAS SOME PROBLEMS. THEY QUIT PAYING THE RENT.

THEY WERE LOCKED OUT.

UM, SO THE FURNITURE STORE, OBVIOUSLY AT ONE TO 500 IS WHAT MADE THAT SPACE WORK.

UM, A A RETAIL SPACE WOULD NOT BE ABLE TO GO IN THERE WITHOUT A VARIANCE.

A A FURNITURE STORE WOULD GO BACK.

SO, UM, THAT'S, THAT'S PART OF THAT ISSUE AT HAND.

UM, JUST AS A SIDELIGHT, UH, COMMISSIONER COSTANZO COSTAN, UH, MENTIONED ABOUT, UH, UH, PARKING RATIOS BASED ON, UM, OCCUPANCY TIME.

UM, THE CITY OF DALLAS, I DO, I'VE WORKED FOR THE CITY OF DALLAS FOR OVER A DECADE, AND I'VE DONE THIS FOR CHRIS KNOWS WAY TOO LONG.

UM, THEY ACTUALLY HAVE PARKING AGREEMENTS WHERE YOU ESTABLISH A SHOPPING CENTER AS AN EXAMPLE.

AND THIS, YOU'LL ESTABLISH TIME OF DAY PARKING BECAUSE OBVIOUSLY A A DONUT SHOP, LET'S PICK A DONUT.

SHOPABLE, THEY CLOSE AT NOON PRETTY MUCH, RIGHT? AND THEY'RE, THEY'RE THERE FROM SIX IN THE MORNING TILL NOON.

WELL, A DOCTOR'S OFFICE OR SOME OTHER USE WOULDN'T BE THAT OCCUPIED.

OR IF A RESTAURANT WAS ONLY OPEN FOR DINNER, THEN THEY WOULDN'T.

SO THERE IS THE OPPORTUNITY.

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I KNOW IN SOME PLACES WHERE THEY DO THAT TIME OF DAY CALCULATION AND STUFF, IT'S A LITTLE MORE CONVOLUTED AND IT'S BASED ON THE ACTUAL OCCUPANTS AT THAT TIME.

BUT THEN AGAIN, IT FREES UP THAT EXTRA PARKING THAT, THAT WE'RE ALL SORT OF FIGHTING AGAINST BECAUSE YOU HAVE SEAS OF CONCRETE AND ASPHALT THAT MOST OF THE TIME ARE NOT BEING USED.

SO, UM, WE THINK THIS IS A GOOD VARIANCE THAT I THINK OUR NUMBERS AND THE STAFF'S CONFIRMATION OF THOSE NUMBERS POINT THAT THERE'S PLENTY OF PARKING SPACES ON OUR LOT, UM, FOR, UM, PLANET FITNESS, UM, WHICH IS PROBABLY TOWARDS THEIR PEAK OF ENROLLMENT.

UM, WHEN YOU OPEN A NEW PLANET FITNESS, YOU GET A, A RUSH OF ENROLLMENT, UM, THEN THAT SORT OF PEAKS, UM, AND THEN IT COMES A STEADY AT ABOUT THE ONE TO TWO YEAR TIME PERIOD.

YOU GET A STEADY PEOPLE WHO SHOW UP MORE OFTEN THAN I DO , BUT ARE MEMBERS AND STUFF.

SO WE, WE THINK IT'S, IT'S SETTLED INTO IT AND WE'LL STILL HAVE PLENTY OF SPACES WITH A NATIONAL BRAND THAT WANTS TO COME IN THEIR PET SUPPLIES.

PLUS THAT HAS, I BELIEVE, 700 PLUS STORES ACROSS THE COUNTRY.

SO WE THINK IT'S A GOOD FIT FOR THE SHOPPING CENTER.

IS IS, IS THIS THE, UH, LAST VACANCY YOU HAVE IN THE YES.

RETAIL CENTER? SO IT'LL BE A HUNDRED PERCENT OCCUPIED, LEASED, KNOCK ON WOOD IF, IF, IF APPROVED.

OKAY, THANK YOU.

ANY QUESTIONS FOR THE APPLICANT? UH, ANYONE ELSE LIKE TO COME AND SPEAK IN FAVOR OF THE REQUEST? UH, MY NAME IS MARK COHEN, CENTERPOINT, COMMERCIAL PROPERTIES 53 30 ALPHA ROAD, SUITE 200, DALLAS, TEXAS 7 5 2 4 OH.

UH, I, UH, AM THE PROPERTY MANAGER AND LEASING AGENT FOR THE OWNERSHIP OF THE PROPERTY.

UH, WE WERE TASKED WITH REDEVELOPING THIS BUILDING WHEN IT WAS AN EMPTY CONS AND A DYING STAPLES.

UM, UH, THROUGH SOME DIFFERENT CHALLENGES, WE'VE BEEN ABLE TO SPLIT THAT BUILDING UP AND BASED ON THE CODES, THE BEST WE COULD DO WITH THIS LAST SPACE WAS A FURNITURE STORE.

UH, UNFORTUNATELY, WHAT YOU END UP WITH AT THAT SIZE AND LOCATION BASED ON WHAT OTHER FURNITURE STORES WOULD GO TO THAT YOU WOULD KNOW IS YOU END UP WITH A JUNKIE, KIND OF DIRTY SCHLOCKY, YOU KNOW, JUST CASH RUN TYPE OF BUSINESS DOESN'T DRAW ANYBODY IN A COUPLE OF OF SHOPPERS.

AND, YOU KNOW, THEY DON'T, THEY DO DECENT SALES, BUT IT'S NOTHING TO WRITE HOME ABOUT.

AND WE HAVE AN OPPORTUNITY TO BRING IN A NATIONAL CREDIT, MULTIMILLION DOLLAR A YEAR SALES TYPE OF BUSINESS.

UM, AND IT CERTAINLY WOULD DRESS UP THE CENTER WITH THE OTHER NATIONALS THAT WE'VE BEEN, EXCUSE ME, TO BRING IN, LIKE, LIKE MOCHI NUT AND O'REILLY, AND NOW PLANET FITNESS, UH, IN ADDITION TO ANY OTHERS THAT, UH, WOULD, WOULD BE ATTRACTED, WE KNOW WE STILL GET A LOT OF CALLS FOR SMALL SHOP SPACE THAT WE JUST DON'T HAVE SPACE FOR, AND I'M SURE THEY, THEY CALL OUR NEIGHBOR AND GO IN FOR IT.

SO WE'RE VERY MUCH IN FAVOR OF IT.

WE THINK IT'S GOOD FOR, UH, FOR EVERYBODY, UM, TO HAVE A QUALITY USER AND JUST HELP THE VIBRANCY OF THE, UH, OF THE INTERSECTION.

UM, HOW LONG WILL THEY BE THERE? WHEN THEY DO, THEY'RE GONNA HAVE MEMBERS THAT ARE IN THERE.

ANYONE ELSE LIKE TO SPEAK IN FAVOR? ANYBODY OPPOSED TO THE REQUEST? I'M DICK FERRELL OF 59 48 MILO, M E L E T I O LANE IN DALLAS, 7 5 2 3 0.

I'M THE OWNER OF THE SHOPPING CENTER ON THE SOUTH SIDE OF THE THE DEAL.

DID Y'ALL SEE AN EMAIL THAT I WROTE COVERING SOME POINTS? UH, I'M NOT STRONGLY IN OPPOSED TO THIS THING.

I AM PRO DEVELOPMENT, ET CETERA.

I DO LIKE THE TENANT.

UM, I, I, I THINK HE'S PROBABLY A LOW TRAFFIC USER.

I'M CONCERNED ABOUT THE FUTURE THAT WE DON'T KNOW TODAY.

UH, THEY MAKE A COMPELLING ARGUMENT ABOUT THE NUMBER OF SPACES OCCUPIED PRESENTLY VERSUS THE SPACES AVAILABLE, ET CETERA.

IT ISN'T THAT YOU DON'T NEED A WHOLE LOT OF IMAGINATION TO CHANGE A FEW FACTS THAT IN THE FUTURE IT COULD BE, UH, QUITE A BIT, UH, MORE CHALLENGING.

AND AT SOME POINT, MY CONCERN IS THAT A PARKING LOT, THEIR PARKING LOT'S FULLY OCCUPIED AND THERE'S SPACE SPILLING OVER TO, TO MINE.

AND AT THAT POINT IN TIME, PERHAPS I WANT TO COME IN FOR A VARIANCE TO INTENSIFY, UH, USES ON MY PROPERTY THAT MAY NOT BE ANY MORE AGGRESSIVE IN TERMS OF A VARIANCE THAN THE ONE THEY'RE ASKING FOR TONIGHT.

BUT AT THAT TIME, MY PARKING LOT IS BEING OVERRUN BY THEIRS.

LET ME SPEAK TO A COUPLE OF THOSE POINTS.

LET'S SAY THAT IN THE VERY NEAR TERM THAT THERE ARE NOW THREE, UM, WORKOUT PLACES ON THE INTERSECTION, LA FITNESS, PLANET FITNESS, AND THE ONE ON THE NORTHWEST CORNER IN THE O OLD ALBERTSONS BUILDING, THAT'S THE THIRD OCCUPANT FOR THAT SPACE, SINCE IT BECAME OF A, UH, WORKOUT PLACE.

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THEY'RE GOING TO MATRICULATE TWO PLANET FITNESS OR THE LA FITNESS AND PUTTING MORE PEOPLE IN THE LOT.

I AM A LANDLORD OF A WORKOUT PLACE THAT'S 30,000 SQUARE FEET ABOUT THE SIZE OF THIS ONE.

AND THAT CHAIN SAYS WE DON'T FULLY GROW INTO OUR MEMBERSHIP UNTIL THE, THE END OF THE THIRD YEAR.

SO WE'RE STILL FAIRLY EARLY.

I, I DISAGREE WITH THE COMMENT THAT, UH, IT'LL, IT'LL, IT'LL PLATEAU OFF.

THAT WILL HAPPEN.

IT'S NOT ANYWHERE, NOWHERE NEAR IT.

LASTLY, OR MAYBE NOT LASTLY, BUT THE 10,000 SQUARE FOOT RESTAURANT THAT'S GRANTED TO THIS PROPERTY, I THOUGHT THAT WAS A PRETTY AGGRESSIVE THING, BUT, AND I WAS VERY CONCERNED THAT IT WAS GOING TO OVERFLOW EVERYBODY.

WELL, THAT PARTICULAR TENANT IS NOT DOING THAT MUCH BUSINESS, BUT LET'S SAY THAT IT GOT REDUCED TO FIVE AND ANOTHER 5,000 SQUARE FOOT RESTAURANT GOT DONE.

UM, SAY WHERE O'REILLY'S IS OR WHERE, UM, PLANET FITNESS IS, OR IN THIS PLACE SPACE THAT THE, UH, PETSMART WANTS TO GO TO A 5,000 SQUARE FOOT RESTAURANT, THERE WOULD, WOULD PLUS THE OTHER THINGS THAT ARE THERE WOULD, COULD VERY DEFINITELY GET INTO MY PARKING LOT.

AND SO IF AT THAT TIME, UM, THE TOTAL PROPERTY TOGETHER, UH, MAY STILL HOUSE ALL OF THE, THE PARKING SPACES, BUT THIS, THE LOGICAL WAY OF UNDERWRITING A VARIANCE, ONE OF THE APPROACHES IS WHAT THIS GENTLEMAN HERE CARL DID, THEY WENT OUT AND COUNTED SPACES.

WELL, NOW MY, MY SHOPPING CENTER IS, IS PARKING SPACES SUPPORTING BUSINESSES ON THE NORTH SIDE.

AND I DON'T HAVE THAT SAME OPPORTUNITY.

AND THAT'S WHY I, I SUGGESTED THAT IT'D BEEN BENEFICIAL.

I THINK IF I'D BEEN APPROACHED 60 DAYS AGO WHEN THEY FIRST WERE AWARE THAT, UH, THE, THE PET STORE WAS, WAS AVAILABLE, I NEVER GOT CONTACTED.

FORTUNATELY, YOUR PLANNING, UH, STAFF REACHED OUT TO ME ON THURSDAY AFTERNOON AND, UH, AND I IMMEDIATELY SAT AND COMPOSED THAT EMAIL.

SO I'M A DEVELOPER, I'M AN INVESTOR.

I LIKE INTENSIFIED USES AND RAISING OF VALUES AND ALL THESE THINGS, BUT I DON'T THINK I, I HAVE SOME CONCERNS THAT GO BEYOND THE SNAPSHOT THAT WAS TAKEN IN CAR COUNTS IN AN AERIAL OF PICTURE, ET CETERA.

UM, PER, PERHAPS IT'S SHORTSIGHTED.

ONCE THESE VARIANCES ARE GRANTED, MY UNDERSTANDING, MAYBE CHRIS WILL CORRECT ME, IS THAT THEY ARE NOW A PART OF THE PROPERTY.

AND SO, YOU KNOW, YOU, I I COULD, LET'S SAY THAT HE SHIFTS AROUND SEVEN OR 8,000 SQUARE FOOT OF RESTAURANTS TO THAT, TO THAT, UH, EAST WALL FACING INTO PLANO ROAD.

THERE IS NO DOUBT IN MY MIND THAT THAT PARKING LOT'S COMING IN, THE PARKING TO SUPPORT THAT KIND OF VOLUMES COMING INTO MY LOT.

SO, UM, THAT SOUNDED LIKE I'M IN COMPLETE OPPOSITION TO THE THING.

BUT I, I DO THINK IT'S A QUICKIE RUN AND, AND, UH, I WOULD'VE LIKED TO HAVE BEEN INVOLVED IN THE, THE DISCUSSION.

THERE MAY BE SOME SOLUTIONS AND SOME APPLICATIONS.

I'M AFRAID IN THE FUTURE, I'M NOT GONNA GET THE SAME DEAL THAT THEY'RE ASKING FOR TONIGHT BECAUSE OF WHAT'S WHAT'S ON THE GROUND AT THAT TIME.

ANY QUESTIONS? UH, I I HAD A COUPLE OF QUESTIONS FOR YOU.

UM, WHEN DID YOU SAY YOU FOUND OUT ABOUT THE APPLICATION I OR CHRIS? WAS THAT THURSDAY? DID YOU CAN LOOK AT THAT EMAIL.

UH, I BELIEVE AARON MAY HAVE REACHED OUT MAYBE THURSDAY, MAYBE WEDNESDAY HAD REACHED OUT.

UH, I WILL LET YOU KNOW THAT, UM, WE, WE DID LET MR. FERRELL KNOW ABOUT THE PLANET FITNESS VARIANCE AS WELL.

AND IN THE PAST, WE HAVE, UH, ENCOURAGED THE, THE PROPERTY OWNER OF THIS SUBJECT PROPERTY TO CONTACT, UH, MR. FARRELL AS SOON AS THEY'VE C COME TO US, UH, WITH, WITH THEIR INTENTION TO GO THROUGH A VARIANCE PROCESS.

UM, SO, UH, WE HAVE DONE THAT MULTIPLE TIMES, UM, ENCOURAGING THEM TO CONTACT MR. FARRELL.

AND IT, UH, I THINK ACCORDING TO WHAT MR. FERRELL'S TOLD ME, THEY HAVE NOT CONTACTED HIM REGARDING NO.

YOU, REGARDING THE VARIANCE, AARON WAS THE FIRST ONE THAT WAS THURSDAY, YES.

BUT WE HAVE FOR THE PREVIOUS VARIANCE LAST YEAR, AND THIS VARIANCE HAVE ASKED THE OWNER AT THE BEGINNING OF THE PROCESS TO CONTACT MR. FARRELL.

AND ARE WHAT, ARE THERE, UH, REQUIREMENTS FOR POSTING, UH, ON SITE OR ANYTHING LIKE THAT TO NOTIFYING BY LETTER? NO, SIR.

JOINING PROPERTY OWNERS FOR VARIANCE REQUEST OR NO, THIS IS NOT LIKE A ZONING CASE.

NOT LIKE A ZONING CASE.

YEAH, ZONING CASE WOULD REQUIRE, UH, SEND, SENDING OUT A NOTICE BY US MAIL 10 DAYS PRIOR TO THE HEARING.

UM,

[00:30:01]

SO MANY TIMES PEOPLE DO RECEIVE IT KIND OF MIDDLE OF THE WEEK BEFORE THE HEARING.

UH, BUT THAT, AND POSTING NOTICE, UH, ON THE PROPERTY, UH, THESE VARIANCES EXPRESSLY ARE STATED THAT THEY DO NOT REQUIRE ANY SORT OF PUBLIC NOTIFICATION.

RIGHT.

AND IT'S TRUE.

YOU, YOU DIDN'T HAVE ANY KIND OF PARKING AGREEMENT.

YOU DON'T HAVE ANY SORT OF PARKING AGREEMENT WITH THEM RIGHT NOW.

THERE IS AN AGREEMENT IN PLACE AND IT'S FILED A RECORD.

IT IS NOT PARKING, IT COVERS INGRESS AND EGRESS PROPERTY MAINTENANCE, UH, ISSUES LIKE THAT.

BUT THERE'S NO SHARED, UM, EACH, EACH PROPERTY MUST STAND ON ITS OWN IN TERMS OF MEETING THE CITY CODE.

RIGHT.

AND DO YOU HAPPEN TO KNOW, UH, HOW MANY PARKING SPACES YOU HAVE ON YOUR I I'VE GOT A, A SURVEY HERE.

YOU HAPPY TO, I I BELIEVE IT'S AROUND 288, OR I THINK IT'S APPROVED FOR, IT'S APPROVED FOR SOMEWHERE IN THE TWO SEVENTIES.

IT, UH, OR SOMEWHERE IN THE TWO EIGHTIES.

IT HAS TWO SEVENTIES.

THERE WERE ABOUT 18 PARKING SPACES THAT WERE APPROVED SORT OF ON THE BACKSIDE OF YOUR BUILDING LAST YEAR.

THAT I DON'T KNOW IF THEY'VE BEEN STRIPED YET OR NOT.

UH, BUT IT WAS IN ANTICIPATION OF MEETING IT.

WELL, THEY'RE BEEN STRIPED THE, THE WHOLE TIME.

THEY WERE THE ADDITI THE ADDITIONAL SPACES THAT WE WORKED ON TO STRIPE TO ALLOW FOR SOME ADDITIONAL USES IN THERE.

BUT REALLY WHERE I WAS GOING WITH IT, DO YOU HAVE AN ESTIMATE OF WHAT YOUR PARKING RATIO IS ON YOUR PROPERTY? I CAN JUST ACROSS THE BOARD GENERALLY SAY THAT I'M, MY, MY BUILDING IS, IS PARKED IN COMPLIANCE WITH MY TENANT MIX.

I THINK THAT'S WHERE YOU'RE GOING INTO THAT QUESTION.

AND I WAS REALLY, YOU KNOW, LOOKING, HOPING TO FIND MORE ABOUT WHAT YOUR RATIO WAS PER THOUSAND SQUARE FEET.

MR. CHAIRMAN, IF YOU GIVE US A MINUTE OR TWO, WE CAN YEAH, WE CAN.

YOU GUYS CAN LOOK AT THAT.

AND, UH, COMMISSIONER WALRAVEN, I THINK YOU HAVE A QUESTION.

I DO.

SO, UH, SIR, I READ YOUR EMAIL EARLIER AND I DON'T HAVE IT IN FRONT OF ME, SO FORGIVE ME.

I'M GOING FROM MEMORY.

I, I BELIEVE THAT THE REQUEST WAS A DELAY MORE TIME.

WHAT DO YOU PROPOSE DOING? SHOULD WE KICK THE CAN? WELL, I'D LIKE TO GET INTO A DISCUSSION WITH MY NEIGHBOR AND OR THE CITY TO, TO, UM, TO LOOK AT.

I'VE, I'VE EXPRESSED MY CONCERNS AND, UH, I JUST GOT THAT THAT WOULD BE THE REASON WHY.

COMMISSIONER SOUTHERN.

YES, SIR.

IS, IS YOUR PROPERTY NOW FULLY, UH, OCCUPIED? NO.

WITH STRUCTURE COMMERCIAL.

DO WHAT IS YOUR, UH, APPROXIMATE OCCUPANCY? MIKE, DO YOU KNOW THAT, UH, I KNOW WE HAVE, UH, ESTIMATED.

YEAH, THIS IS MIKE SWEET, WHO'S ON MY MARKETING TEAM.

HI, MICHAEL.

SWEET.

I HANDLED THE LEASING FOR HIS SHOPPING CENTER, AND WE HAVE ROUGHLY STATE YOUR NAME, UH, ADDRESS FOR THE RESTROOM.

SURE.

17 200 WEST GROVE DRIVE, ADDISON, YOU KNOW, WE HAVE ROUGHLY 18,000 SQUARE FEET OF VACANCY THAT WE'RE ACTIVELY LOOKING TO LEASE.

SO WHEN YOU LOOK AT THE PEAK TIMES OF THE PARKING, I'M SURE, UH, THE 18,000 SQUARE FEET OF VACANCY HAS SOMETHING TO DO WITH THAT.

UM, AND OBVIOUSLY THERE'S ONE VACANCY TO THE NORTHERN PROPERTY.

WE'RE LOOKING AT, UH, WE DO HAVE A FAIRLY NEW GYM IN PLANET FITNESS THAT'S NOT FULLY MATURED YET.

WE DO HAVE A 10,000 SQUARE FOOT RESTAURANT THAT DOES HAVE WEAK SALES AND COULD BE REPLACED BY A STRONGER TENANT AT SOME POINT.

SO THESE, THESE ARE OUR CONCERNS IN TERMS OF AS WE COME TO A HUNDRED PERCENT OCCUPANCY, WHICH WE WILL, HOW THAT AFFECTS OUR PARKING.

AND DO YOU KNOW OFF THE TOP OF YOUR HEAD WHAT YOUR PARKING RATIO IS? I'D HAVE TO, I'D HAVE TO GO PULL THAT FOR THAT.

MR. CHAIRMAN, I THINK WE HAVE THIS, UH, IN, UH, MR. FARRELL, IF YOU, OR EITHER ONE OF YOU, IF THIS SOUNDS LIKE IT'S OFF, LET ME KNOW.

BUT WE HAVE ON THE PROOF SITE PLAN, RIGHT ABOUT 49,000 SQUARE FEET.

ROUGH.

I THINK THAT'S THE RENTABLE AREA THERE.

YES.

49,000 SQUARE FEET, UH, WITH 296 PARKING SPACES.

SO CAME OUT TO RIGHT TO AROUND ONE TO 1 68 OR ABOUT RU JUST UNDER SIX PER THOUSAND 4.9.

AND THE DIFFERENCE, THERE'S A LITTLE MORE, LITTLE BIT MORE RESTAURANT ON THAT, ABOUT SEVEN, BASED ON THE MOST RECENT SITE PLAN, ABOUT 17 TO 18,000 FEET OF RESTAURANT ON THIS SITE.

AND HOW, APPROXIMATELY, HOW FULL IS THE PARKING LOT AT PEAK TIME? IT IS, UH, 50%.

THAT'S, I WILL, I WILL ALSO POINT OUT IN THAT ANSWER THAT I HAVE A, AN END CAP SPACE, 5,000 SQUARE FEET WITH WHICH I'M CONDUCTING A CONVERSATION WITH RESTAURANTS.

SO THAT NUMBER IS GOING TO CHANGE.

SO AT, UH, IF YOU'VE GOT 296 SPACES, ROUGHLY 50%, YOUR, YOUR PEAK PARKING IS ROUGHLY EQUIVALENT TO WHAT THE COUNT THAT SOUNDS LIKE THE APPLICANT CAME UP WITH.

[00:35:01]

WAS IT ROUGHLY 130 TO 150 SPACES? I, I HAVEN'T BEEN FOLLOWING THE MATH.

I'M, I HAVE A, A PROBLEM WITH THAT.

I HAVE TO HAVE IT PRINTED IN FRONT OF ME, OR I WOULDN'T BE ABLE TO DO THAT.

NO, I KNOW, I, I'VE JUST BEEN TAKING NOTES, BUT, UM, I THINK WE, WE HEARD THAT, UM, ON THE, UH, ON THE APPLICANT'S, UH, REQUEST THAT THEY'RE, UH, OUT OF THE 306 TOTAL SPACES, SO THEY'RE, THEY'VE GOT SLIGHTLY MORE THAN YOU AT, IF YOURS IS CORRECT, AT 2 96.

AND MY BUILDING IS, IS QUITE A BIT SMALLER.

PARDON ME? I SAID MY BUILDING IS QUITE A BIT SMALLER THAN THEIR BUILDING.

THEIRS A 63,000, YOURS IS 49,000, SO ROUGHLY 14,000 SQUARE FEET, UH, LARGER ON THEIRS.

UM, AND, UM, BUT THEY DO HAVE 306, BUT THEY, THE, THE, ACCORDING TO THE PARKING COUNT, THEY GAVE THEIR, THEIR PEAK PARKING RIGHT NOW HAD BEEN ABOUT 134 SPACES.

UM, AND YOU SAID YOU, YOU'RE ESTIMATING THAT OUTTA YOUR 296 SPACES AT PEAK, IT'S ABOUT 50% OCCUPIED.

THAT'S TODAY, YEAH.

I'M JUST TRYING TO UNDERSTAND THE FACTS.

UM, SO, UM, I GUESS WHERE I'M GOING WITH IT, IT SOUNDS LIKE THERE'S A LOT OF PARKING ON BOTH SITES RIGHT NOW.

UM, BUT I UNDERSTAND YOUR ARGUMENT IN THAT THIS PET SPIES PLACE IS NOT AS VACANT TODAY.

AND OBVIOUSLY WHAT WE'VE HEARD IS THAT, UH, THEY ESTIMATE THAT, UH, THEY WILL HAVE SIX EMPLOYEES AND ROUGHLY 10 VISITORS AT A TIME.

SO WE'RE TALKING ABOUT 16 PARKING SPACES THAT THIS PARTICULAR USE WOULD REQUIRE.

UM, SO THAT DOESN'T SEEM, IN MY VIEW, TO ENCROACH UPON YOUR, YOUR PROPERTY BASED ON THE, THE, THE, THE COUNT THAT THEY'RE SH TELLING US.

YES, SIR.

I, I, I, I WOULDN'T DISPUTE THAT THE, THE, I WOULD ASK YOU TO CONSIDER THAT WHAT'S IN PLACE TODAY IN TERMS OF THOSE PARKING COUNTS CAN CHANGE SOMEWHAT DRAMATICALLY AS PLANET FITNESS GROWS.

I WOULD LIKE, I WOULD, I WOULD BE CONCERNED IF ADDITIONAL RESTAURANTS WERE, WERE PLACED ON, ON THAT, THAT RUN THERE.

THE, THE, UM, THE 10,000 SQUARE FEET COULD BE DISTRIBUTED DIFFERENTLY.

IT COULD BE A DIFFERENT OPERATOR.

THAT'S A, THAT, THAT OPERATOR'S NOT GENERATING AN, AN AWFUL LOT OF VOLUME.

THE POTENTIAL FOR THE PROPERTY IS HIGH, UH, FOR A RESTAURANT IN, IN THAT, ON THAT INTERSECTION'S QUITE A BIT HIGHER.

SO, AND YOU SAY, UH, FOR YOUR 18,000 SQUARE FEET, YOU HAVE VACANT, I BELIEVE.

IS THAT CORRECT? YES, APPROXIMATELY.

ROUGHLY.

AND, AND WHAT TYPE OF USE WOULD YOU BE LOOKING TO GO IN THERE? WOULD IT BE A RETAIL OR A RESTAURANT OR 5,000 SQUARE FEET ON THE END? CAP IS, IS VERY LIKELY TO BECOME A RESTAURANT.

IT HAS AN OCEAN OF PARKING SURROUNDED IT THAT, UH, THERE ARE SPACES IN THAT AREA THAT MAY NOT HAVE BEEN PARKED IN, IN THE 20 YEARS I'VE OWNED THE PROPERTY.

UM, THE, THE, THE OTHER VACANCIES WILL LIKELY BE I'LL, I'LL CALL IT RETAIL IN GENERAL, BUT, UH, YOU KNOW, SERVICE, FINANCIAL SERVICES, UM, UM, EXPERIENTIAL, UM, POSSIBLY FOOD AND BEVERAGE AND SO FORTH.

BUT, UM, PURE RETAIL IS, THERE'S NOT A LOT OF THAT STILL AROUND.

MM-HMM.

, I'VE GOT 15 TENANTS TODAY.

I THINK ONE OF 'EM IS A RETAILER, PURE RETAILER, WHERE YOU WALK IN AND PICK UP SOMETHING AND BUY IT ACROSS THE COUNTER.

SO, UH, CHRIS, UM, IN TERMS OF, UM, YOU KNOW, IF THERE WAS A, UH, ALTERNATE USE TO GO INTO EITHER PLANET FITNESS, UM, THAT WOULD BE RECALCULATED YES, SIR.

THAT'S CORRECT.

RIGHT.

SO, OR IF IN THIS CASE, ANY, ANY ONE OF THE OTHER SPACES, IF IT'S CURRENTLY RETAIL, SUCH AS THE PET SUPPLIES PLUS THAT'S PROPOSED, IF IT WERE LATER TO COME BACK FIVE YEARS FROM NOW TO BE A RESTAURANT, IT'S GONNA HAVE TO BE RECALCULATED AT THAT TIME.

[00:40:01]

ANY, ANY ADDITIONAL RESTAURANT SPACE WOULD REQUIRE ANOTHER VARIANCE.

THE OTHER OPTION MAY BE, AND WE, WE, UH, YOU KNOW, THE NEXT MOVING FORWARD, IF THEY WERE TO EVER REQUEST A VARIANCE AGAIN, UH, WE MAY SUGGEST THAT THEY LOOK AT GOING THROUGH A PRO A ZONING PROCESS INSTEAD TO WHERE THEY COULD DO A LARGER STUDY TO LOOK AT WHAT IS NECESSARY, LAY OUT A MAYBE A SPECIFIC PARKING RATIO WITHIN THAT PD PLAN DEVELOPMENT, THAT WOULD BE A, UH, A TRADITIONAL ZONING PUBLIC HEARING.

THAT WOULD BE ANOTHER OPTION THAT THEY WOULD HAVE.

UH, AS FAR AS RELOCATE RELOCATING RESTAURANT SPACE OVER TO THE EAST SIDE OF THE BUILDING, UH, THEY DON'T HAVE ANY ADDITIONAL SPACES FOR ADDITIONAL RESTAURANT SQUARE FOOTAGE.

UH, BUT MR. FARRELL IS CORRECT THAT IF THEY WERE TO, YOU KNOW, BREAK UP THAT RESTAURANT SPACE OVER ON THE, WHERE THE FLAMING BUFFET IS AND CONVERT THAT SPACE TO TWO RESTAURANTS THAT MIGHT DRIVE MORE TRAFFIC OR MOVE 5,000 ELSEWHERE, YES.

THAT IS A, IT IS A POSSIBILITY.

THE DISTRIBUTION OF THE PARKING IS AS IMPORTANT AS THE ABSOLUTE NUMBERS.

I, EXCUSE ME, FOR JUMPING IN, BUT, UM, YES.

SO THAT, THAT WOULD BE, UH, YES, IF, IF RESTAURANT SPACE WERE TO MOVE AROUND IN THERE, THERE WOULD NOT NECESSARILY BE A RESTRICTION AGAINST THAT.

BUT THE 64 SPACE VARIANCE THAT WAS GRANTED LAST YEAR IS LIMITED, UH, TO A HEALTH CLUB.

AND THIS IS LIMITED TO RETAIL.

UH, AND AGAIN, AS WE DISCUSSED IN THE WORK SESSION, IT COULD BE FURTHER LIMITED TO A SPECIFIC TYPE OF USE IN THE HUNDRED SPACES.

UH, MR. CHAIRMAN, I WOULD TOLD YOU 95 SPACES.

I'LL TAKE 95 MORE .

YOU'RE GONNA HAVE, IF, IF YOU WOULD LIKE TO GO BACK AND SPEAK.

YEAH, I MEAN, IF YOU WANNA MAKE ANY OFFICIAL COMMENT, YOU, YOU NEED, YOU NEED TO COME BACK TO THE PODIUM AND , I'M SORRY, I APOLOGIZE.

NO, THAT'S ALL RIGHT.

BUT IF, YEAH, YOU'RE, YOU'RE WELCOME TO COME BACK UP TO THE PODIUM AND MAKE WHATEVER REMARKS YOU'D LIKE.

I'M, I'M NOT, IT'S JUST FOR THE RECORD, WE WOULD NEED YOU ON THE MICROPHONE FOR RECORDING PURPOSES.

SO WE DO HAVE PEOPLE THAT DO OCCASIONALLY WATCH US ON TV AND, UH, YOU KNOW, LIKE TO HEAR WHAT EVERYBODY'S SAYING.

SO, UM, YEAH, HAPPY TO DICK FERRELL AGAIN, UM, THAT NEVER OCCURRED TO ME BEFORE THAT, THAT OF THE ORIGINAL 300 SPACES, THEY'VE NOW GOTTEN A VARIANCE FOR A TOTAL OF 95 SPACES.

THERE WILL BE A POINT IN TIME WITH MO DIFFERENT TENANT MIX AND, AND MOVING THE RESTAURANTS AROUND WHERE, UH, IT'S, IT'S, IT COULD VERY LIKELY IMPACT MY PROPERTY.

UH, AND I'M AFRAID THAT IN THAT FUTURE, THAT, THAT I THINK DOES EXIST.

IF I WANT TO COME IN AND, AND, AND, AND APPROACH THIS BODY FOR SIMILAR TREATMENT, THE, THE STUDY WOULD REVEAL THAT WE CAN'T DO THAT.

AND SO NOW VALUE AND PROPERTY RIGHTS FROM MY PROPERTY HAVE BEEN SHIFTED ACROSS THE LINE.

THAT WAS THE LAST POINT I WAS SPEAKING TO.

THE VARIANCE TO A PET SUPPLY GROOMING FACILITY.

UH, WOULD ANYONE ELSE LIKE TO SPEAK IN OPPOSITION TO THE REQUEST? OKAY.

UM, AARON, DO YOU HAVE ANY OTHER COMMENTS? NO, JUST KIND OF PIGGYBACKING AGAIN OFF WHAT CHRIS SAID.

UH, I THINK, UH, IF, IF A MORE INTENSIVE USER WERE TO COME IN A TRUE ZONING FOR, AND A TOTAL RECALCULATION OF, OF THE PAR OF THE PARKING AVAILABLE ON SITE, PROBABLY FOR BOTH SITES, IF, IF WE'RE BEING HONEST, UH, WOULD NEED TO BE LOOKED AT AND LIKE, UH, MR. CROWLEY SAID, UH, IT COULD BE AS INTENSIVE AS THE CITY OF DALLAS DOES, WHERE YOU'RE LOOKING AT HOUR BY HOUR, WHEN, WHEN ARE THE TYPICAL TIMES OF THESE FOLKS COMING TO X X STORE VERSUS Y STORE AND, AND LOOK AT IT REALLY COMPLETELY HOLISTICALLY.

SO IT, IT PROBABLY WILL EVENTUALLY COME TO YOU, WHETHER IT'S FIVE YEARS, 10 YEARS TOMORROW, UH, WE DON'T KNOW, BUT IT WILL DEFINITELY NEED SOME SERIOUS THOUGHT, UH, FOR, FOR THE NEXT NEXT PROCESS MOVING FORWARD.

MISSION WALL, RAVEN.

SO WE'RE IN DISCUSSION NOW, RIGHT? I MEAN, I KNOW IT'S NOT A PUBLIC HEARING, BUT WE'RE THERE ? YEAH.

SO UNDER, WITH THAT BACKDROP, KNOWING THAT THE FUTURE PROBABLY HOLDS A INTENSIVE STUDY, I WOULD BE IN FAVOR OF, ESPECIALLY WITH THAT CHART.

THAT WAS A, A WHILE BACK, THAT NO, THE OTHER ONE, UH, YOU WERE JUST THERE, THAT ONE, PARKING COUNTS.

I MEAN, THERE'S ENOUGH OVERAGE THERE THAT I THINK PUTTING IN A PET SUPPLIES PLUS THAT AT MAX IS GONNA HAVE 20 DURING PEAK, EVEN ON A WORST DAY, I DON'T THINK IS GOING TO IMPACT IT.

UM, I WOULD BE ALSO BE IN FAVOR THOUGH OF TYING

[00:45:01]

AND THAT WAY IF SOMETHING ELSE COMES IN AND THERE'S A HIGHER VOLUME, THEY HAVE TO COME BACK.

AND MAYBE THAT'S THE TIME THAT TRIGGERS THE MORE INTENSIVE STUDY.

THOSE ARE MY THOUGHTS.

THAT WAS A THOUGHT.

YEAH, THAT'S A THOUGHT.

I HAVE A THOUGHT.

UH, I, YOU KNOW, I, I LIKE EVERYTHING TO BE FAIR, UM, BETWEEN PROPERTY OWNERS, I'M, YOU KNOW, COMMERCIAL REAL ESTATE MYSELF, SO I LIKE TO KNOW THAT I'M BEING TREATED FAIRLY.

UM, BUT I'VE ALSO FELT LIKE THAT, UM, WE ARE, UM, SOMEWHAT OVER PARKED AND A LOT OF OUR, OUR USES AND WHAT'S IMPOSED UPON US, AND KIND OF, THERE'S LIKE, WHAT'S A REAL NEED VERSUS WHAT, YOU KNOW, THE CITY MAY BE REQUIRING.

AND SO WHEN I, YOU KNOW, I'M, I'M KIND OF OLD SCHOOL, AND WHEN I THINK OF RETAIL, I GENERALLY THINK OF FIVE PER THOUSAND.

AND WHAT, YOU KNOW, THE REQUEST IS TO TAKE, UM, UH, THE APPLICANT'S PROPERTY AND GO FROM 5.3 PER THOUSAND TO 4.85 PER THOUSAND.

SO, UM, TO ME THEY'RE, THEY'RE STILL RIGHT AROUND THAT FIVE PER THOUSAND MARK, WHEREAS YOURS SOUNDS LIKE YOU'RE CLOSER TO SIX PER THOUSAND, UH, ON, ON YOUR SIDE.

SO YOU'VE OBVIOUSLY GOT AMPLE PARKING, BUT JUST AS YOU'VE STATED, YOU KNOW, IT SOUNDS LIKE YOU'VE GOT A BUNCH OF EXTRA SPACES TOO.

SO THAT'S A GOOD THING THAT BOTH, BOTH PROPERTIES RIGHT NOW ARE NOT, UH, TO THE POINT WHERE, UM, YOU KNOW, UH, YOU'RE HAVING TO TOW VEHICLES AND IMPOSE THOSE KIND OF RESTRICTIONS ON EACH OTHER AND, UM, YOU KNOW, TO, TO REALLY POLICE THE PARKING.

SO, SOUNDS LIKE THERE'S A AMPLE PARKING OUT THERE.

I HOPE IT CHANGES AND, YOU KNOW, PICK THE TRAFFIC PICKS UP FOR ALL THE BUSINESSES, UH, THERE.

UM, AND, UH, I, I DO THINK IT'S IMPORTANT THAT, UH, YOU KNOW, NEIGHBORS TALK TO EACH OTHER AND TRY TO WORK THINGS OUT AND, YOU KNOW, SO IT'S A LITTLE BIT DISAPPOINTING.

MAYBE THAT DIDN'T OCCUR HERE.

UM, WE'RE, WE'RE NOT THE FINAL, UM, SAY SO ON THIS IN TERMS OF, UM, UH, FINAL ACTION, UH, UNLESS IT, WE WERE TO DENY IT.

BUT IF, IF, IF WE WERE TO APPROVE IT, UH, OR APPROVE IT WITH MODIFICATIONS, THERE WILL BE A TIME PERIOD.

UM, WHAT, WHAT DO YOU EXPECT THAT WOULD BE, CHRIS, BEFORE IT WOULD HIT COUNSEL? UH, RIGHT NOW IT WOULD TENTATIVELY BE SCHEDULED FOR THEIR FIRST MEETING ON THE 11TH OF SEPTEMBER, OR THEIR FIRST REGULAR MEETING.

SO MORE THAN A MONTH AWAY? YES, SIR.

SO CERTAINLY, UH, YOU KNOW, I THINK THE PARTIES WOULD, UH, HAVE AN OPPORTUNITY TO, TO COME TOGETHER AND, AND TALK ABOUT THIS.

AND BEFORE IT, IT WOULD GET TO COUNCIL AND, UM, YOU KNOW, SOME SORT OF FINAL ACTION, UH, WOULD BE TAKEN.

BUT, UM, YOU KNOW, I THINK IT'S, YOU KNOW, GOOD FOR RICHARDSON TO HAVE OUR RETAIL SPACES OCCUPIED, UH, YOU KNOW, ESPECIALLY WITH NAME BRAND BUSINESSES THAT, UH, HOPEFULLY THERE'S A DEMAND FOR.

UM, SO, UM, YOU KNOW, I, I'M INCLINED TO GRANT THIS, UM, AND, UH, I'LL LEAVE IT UP TO THE OTHERS TO DECIDE IF YOU WANNA ATTACH ANY CONDITIONS TO IT OR NOT.

ALL RIGHT.

WELL, I'LL MAKE A MOTION THAT WE, MR. CHAIRMAN, I MOVE THAT WE RECOMMEND APPROVAL OF AGENDA ITEM THREE, VARIANCE 23 DASH OH TWO WITH THE FOLLOWING CHANGES THAT THE VARIANCE BE TIED TO A PET SUPPLY AND OR GROOMING FACILITY, PET GROOMING OR ANY KIND OF GROOMING PET GROOMING.

JUST WANNA BE CLEAR THERE, MR. MR. CHAIRMAN, WE WILL, OR, AND MS. WALRAVEN, WE'LL WRITE THAT AS A, A LIMITATION TO A SPECIFICALLY, JUST SO EVERYBODY'S CLEAR TO THE USE OF PET SALES AND GROOMING FOR THE USE.

DO I NEED TO SAY IT DIFFERENTLY? NO, NO, NO, IT'S NOT.

IF YOU'RE GOOD WITH THAT.

MR. PURDY, I'D LIKE TO SECOND THAT MOTION.

UH, WE HAVE A MOTION, UH, AND A SECOND, UH, AS DESCRIBED.

UH, ALL THOSE IN FAVOR RAISE YOUR RIGHT HAND AND THAT PASSES UNANIMOUSLY.

SO THANK YOU.

AND, UH, ANY OTHER ITEMS OF BUSINESS? NO, SIR.

NO, SIR.

ALL RIGHT, THEN WE STAND ADJOURNED.